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03/22/1999 - 4644� • FRIDLEY CITY COUNCIL MEETING unror Fwa� ATTENDENCE SHEET MoAday, March 22, 1999 ' 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS � .) � �uu� �: � �� (�/ -.5"��i ti� � . �. "'' CL 'M. C�'�;y v` � z ; �� i � .� C��. �- � l� 1'� �. ,� � . , �' ,� r _ � � � � ��Z'V>'� ,F �f Li1 r".,i r? j y ��.:i �,1-- d�' �v' i�l �-_� � ��-1 �� , � %9` � � �:l��i✓�;�!. G' 'r, � !� �'!_ � t / �{ L , � :_} L � / -E% � k� ,�/'',l�'�%' � : � !_� � �� f "� : ��_=� .r� j — � :-7 .__.......� r9 . � e .�; '.� /;1 I' . V �- $' �li^'�/�t��" �-. � M �-�v �; r.� -� � r . �1 �,� j �, ,v U' �,� " �� c 1 �. i ,� c� � ,..�G� Gi h GC'�� >, �_, T �j�� % y.� � Cf � ��.. C . �'L'./iL-e� �'r' i ��'1L�,; ; Jl • C _ L� (l y L� �/ �%5 ri r,'� �, 1 __ i � � � �� ,l � � � �� 1`._,��,� �-� S � ' ��,;�.E�;�',c�c.' �,.�J� 11�JJ1 7� 7 S E -< �' %_� �� /-� � i ,�t i � �. r� J . ;�� -r=1 � � ��. ITEM NUMBER � /� .vz- l�,(�� GTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 The City of Fridley will not discriminate oi activi i s because�of a e, color 1 creed�relig on,tnational ongm, or employment in its services, programs, sex, disability, age, marital status, S to allowe ind v'duals�w h d sab � tiest to partic pate in any of F dley's accommodation will be provided services, programs, and activities. Hearing imPaued persons who nee d an i n t e r p r e t e r o r o t h e r p e r s ons wit disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Facing the Future with Hope APPROVAL OF MINUTES: Cify Council Meeting of March 1, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection," by Amending Section 113.07, and also Amending Chapter 11, Entitled "General Provisions and Fees," by Amending Section 11.10, "Fees" ....••••••••••••••••�•�• . —1.03 ........................... 1 01 FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: i Receive the Planning Commission Minutes of March 3 1999 , ................................. ............................................ 2.01 — 2.14 r First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 206 Entitled "Building Code," by Amending Sections 206.01.02, 206.01.03, 206.03.01, 206.03.03, 206.04, 206.05.01 and 206.07.12 ........................... ........................ 3.01 — 3.21 Approve Extension of Variance, VAR #98-07, by Blaine Jones, to Reduce the Front Yard Setback to Allow the Reconstruction of a Garage, Generally Located at 54 Locke Lake Road N.E. (Ward 3) .......................................... .............................. 4.01 — 4.02 Approve Amendment to the Comprehensive Sign Plan for Skywood Mall/Menards Plaza, Generally Located at 5235 — 5249 Central Avenue N.E. (Ward 2) ...........:...... ..................................................................... 5.01 — 5.06 � � Approve Amendment to the Comprehensive Sign Plan for 7820 University Avenue N.E. (Ward 3) ..................... 6.01 — 6.06 PAGE 3 FRIDLEY CITY COUNCIL MEETING OF mArct,.n cc, �� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Approve 1999 Residential Recycling Agreement Between the City of Fridley and 7 �� — 7 �7 County of Anoka •••••••••••• ........................... Receive Proposals and Award Contract for the Purchase of a New Telephone .. 8.01 — 8.03 System with Voice Mail ................................................................ Receive Bids and Award Contract for Miscellaneous Concrete Curb and 9.01 — 9.02 Gutter Project No. 322 .................................................................... Receive Bids and Award Contract for 1999 Street Improvement (Sealcoat) ............. 10.01 —10.05 Project No. ST. 1999 — 10 ................................................. Resolution of the City of Fridley, Minnesota, by Which it Finds that an Emergency Exists Requiring the Purchase of Six Power Generators Without Public Bid in Order to Safeguard the Operation of the Municipal Sewage System in 11.01 — 11.03 theYear 2000 ............................................... FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Claims ................................................................................... 12.01 Licenses....................................................................................... 13.01 — 13.02 Estimates................................................. ...................................... 14.01 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: Consider Special Use, #SP #99-01, by Holiday Companies, for the Construction of a Holiday Stationstore, Generally Located at 5695 Hackmann Avenue (Ward 2) ................................................................................. 15. 01 — 15.02 FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 NEW BUSINESS: Variance Request, VAR #99-01, by Abraham and June Nichols, to Allow them to Park a Travel Trailer on Blacktop Driveway Rather than the Side or Rear Yard, Generally Located at 6949 Hickory Drive N.E. (Ward 3) .................................................................. P 16.01 — 16.11 Receive Bids and Award Contract for the 1999 Street � 7.01 Improvement Project No. ST. 1999 —1: Riverview Heights ................. Informal Status Reports ADJOURN. ..................................... ............... 18.01 .�p : Y �e. - '- FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 �oF FRIDLEY The City of Fridley wi11 not discriminate against or harass anyone in the admission or access to, �� sabitlity,tage,ema ital status, its services, programs, or activities because of race, color, creed, religion, national origin, sex, sexual orientation or status with regard to public assistsn ervice so rogramst and activitiestl Hearing impaired per ons who individuals with disabilities to participate in any of Fridley P 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. PRESENTATION: Facing the Future with Hope APPROVAL OF MINUTES: APPROVAL OF PROPOSED CONSENT AGENDA: ��C� ci�� e� 9 0�� La.a-e �� .,--� � �� /9J3�i�,P� Ci��..s-u-e Q,o� lZm.��-� � � � � � APPROVAL.OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection," by Amending Section 113.07, and also Amending Chapter 11, Entitled "General Provisions and Fees," by Amending Se ion 11.10, "Fees" .... 1.01 —1.03 NEW BUSINESS: Receive the Planning ommission Minutes of March 3, 1999 ....... ..................... 2.01 — 2.14 First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 206 Entitled "Building Code," by Amending ections 206.01.02, 206.01.03, 206.03.0 , 206.03.03, 206.04, 206.05.01 and 206.07. 2... 3.01 — 3.21 NEW BUSINESS (CONTINUED�: Approve Extension of Variance, VAR #98-07, by Blaine Jones, to Reduce the Front Yard Setback to Allow the Reconstruction of a Garage, Generally Located at 54 Locke Lake Road N.E. (Ward 3) .... ................... 4.01 — 4.02 Approve Amendment to the Comprehensive Sign Plan for Skywood Mall/Menards Plaza, Generaily Located at 5235 — 5249 Central Avenue N.E. (Ward 2) ................................... 5.01 — 5.06 � � Approve Amendment to the Comprehensive Sign Plan for 7820 University Avenue�NO '_ 6.06 (Ward 3) .................:.`.............. J Approve 1999 Residential Recycling Agreement Between the Ciry of Fridley and County of Anoka .. 7.01 — 7.07 ............... ........... � Receive Proposals and Award Contract for the Purchase of a New Telephone8 01 — 8.03 System with Voice Mail .............. FRIDLEY CITY COUNCIL MEETING OF MARCH 22, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)• Receive Bids and Award Contract for Miscellaneous Concrete Curb and � Gutter Project No. 322 .................... 9.01 — 9.02 Receive Bids and Award Contract for 1999 Street Improvement (Sealcoat) Project No. ST. 1999 —10 .............. 10. 1— 10.05 � 1 �� L � Resolution of th City of Fridley, Minnesota, bY Which it Finds that an Emergency Exists Requiring the Purchase of Six Power Generators Without Public Bid in Order to Safeguard the Operation of the Municipaf Sewage System in the Year 2000 ................................. 11.01 —11.03 Claims...................................12.01 `� V Licenses ................................... 13.01 —13.02 Estimates ..... � ADOPTION OF AGENDA. 14.01 PAGE 2 OPEN FORUM, VISITORS: � (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: Consider Special Use, #SP #99-01, by Holiday Companies, for the Construction of a Holiday Stationstore, Generally Located at 5695 Hackmann Avenue (Ward 2) ......... . ........ ...... 15.01 — 15.02 �........ �. Y� �� NEW BUSINESS: Variance Request, VAR #99-01, by Abraham and June Nichols, to Allow them to Park a Travel Trailer on Blacktop Driveway Rather than the Side or Rear Yard, Generally Located at 6949 Hickory Drive N.E. (Ward 3) .................. 16.01 —16.11 � � ` Receive Bids and Award Contract for the 1999 Street Improvement Project No. ST. 199g —1: Riverview Heights ................ ............. 17.01 Informal Status Reports ........ ADJOURN. 18.01 TAE MINUTES OF TH� K�t�u �N� 1•""' 1"." �- OF MARCH 1, 1999 The Regular Meeting of the Fridley City Council was cailed to order by Mayor Jorgenson at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT 1VIEMBERS ABSENT: PROCLAMATION: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom None Fridle Histo Month — March 1999: Ma or Jorgenson read a proclamation declaring March 1999 as Fridley History Month in the City Y of Fridley. PRESENTATiON: Fridle 's 50`h Anniversa Celebration Calendar of Events: Ms. Dorothy Gargaro, member of the Fridley's 50`�' Anniversary Task Force, presented Council with an official calendar of events for the 50"' Anniversary Cel abna� ia nat the Spr ngbrook Nature of the events, noting that the first event, Winter Critter C Center has already been held. The scheduled events take into co�n�s; dera e10n he eve� ts that wid future elements of Fridley. Ms. Gargaro invited all residents to pa P be held throughout 1999. APPROVAL OF MINUTES: Re ular Cit Council Meetin of Eebrua 22 1999: MOTION by Councilmember Bolkcom to app rove the minutes of the Regular City Council meeting of February 22, 1999 as presented in writing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. � APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1• RESOLUTION NO 22-199 1 AKL'AWIDE REVIEW FOR THE MEDTRONiC IP NORTAWEST CORNER OF I-694 AND HIGHWAY 65: Mr. Burns, City Manager, explained that this action would amend the geographic area for Medtronic's AUAR. The amendment reflects the addition of seven single-family lots proposed for acquisition by Medtronic. By adding this area, the City would commit to analyzing it for impacts of the Medtronic project. APPROVED ADOPTiON OF RESOLUTION NO. 22-1999, ANfENDING RESOLUTION n10. 22-1998 TO ANIEND THE GEOGRAPHIC AREA FOR THE ALTERNATIVE URBAN AREAWIDE REVIEW FOR THE MEDTRONIC INC. CAMPUS AT THE NORTHWEST CORNER OF I-694 AND HiGHWAY G5. 2- RESOLUTION NO. 23-1999 AUTRORiZiNG APPLiCATION TO TAE METROPOLITAIV COUNCIL FOR MNRRA PLAN FUNDiNG ASSiSTANCE� Mr. Burns, City Manager, expiained that staff requested Council approval to apply for National Park Service funds available throu� �h the Metropolitan Council. This funding wouid be used to assess conformity of local plans and ordinances with i�INRA's "Comprehensive Mana�ement Plan" for the Mississippi River corridor. The application is for a funding amount of $15,000. Mr. Burns noted that while the City is required to match that amount, staff has been assured that the money already pledged for comprehensive pianning would be counted as the local match. The City's participation in the grant does not commit Fridley to following MNRA guidelines; however, it will help to pay for planning associated with development of the State mandated "Critical Areas Plan". It would also cover the cost associated with the State mandated "Shoreland Management Plan". APPROVED THE ADOPTION OF RESOLUTION NO. 23-1999, AUTHORIZING APPLiCAT10N TO THE METROPOLiTAN COUNC�L FOR MNRRA PLAN FUNDING ASSISTANCE. 3• CLAiMS: APPROVED PAYMENT OF CLAIM NOS. 85780 THROUGH 858G9. 4. LICENSES: APPROVED LiCENSES AS SUBIVIITTED. 5. ESTiMATES: APPROVED ESTINIATES AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, NiN 55110 Services Rendered as City Attorney $5,000.00 For the Month of February, 1999 MOTION by Councilmember Barnette to approve the consent agenda as presented.. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEIVIBERS VOTiNG YYE, MAYOR JORGENSON DECLARED THE MOTION CARRRIED UNANIMOUSL ADOPTION OF AGEND�: MOTION by Councilmember Barnette to move Item 9 and Item 10 tfethe front of the agenda, immediately followin; Open Forum. Seconded by Councilmember Wol UPON A VOICE VOTE, ALL MEMBERS VOTINL AYE, MAYOR JORGENSON DECLARED THE MOTION CARRfED UNAMMOUS OPEN FORUM VISiTORS: Mayor Jorgenson noted that this is the time set aside for residents to speak about issues not on the agenda. There were no questions or comments from the public. PUBLiC HEARiNGS: 9. CONSIDER REDUCING THE SOLiD WASTE P►�sai�l��l.l --.----___-- - (SWAP) FEES iN 1999: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing at 7:50 p.m. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTINGOUSLYMAND RTAER PUB LC DECLARED THE MOTION CARRIED UNANIM HEARtNG WAS OPENED AT 7:50 P.M. 4 Ms. Jones, Planning Assistant/Recycling Coordinator, explained that there were two main reasons why Fridley was considering reducing the SWAP fees at this time; one is due to the closure of the Fridley Recycling Center and the other is the reduction in the curbside recycling contract costs that were budgeted for 1999. Staff looked at two different options; reducing the fee in the amount of seventy-five cents per quarter and reducing the fee in the amount of fifty cents per quarter. She explained that reducing the fee by seventy-five cents per quarter would allow the City to maximize the amount of SCORE funds for 1999 but provide too much revenue for 1999 and 2000. Therefore, it appeared that the reduction of fifty cents per quarter would be more appropriate. The reduction would take effect with the April 1999 utility bil(ing. With no further questions or comments, there was a MOTION by Councilmember Bolkcom to close the public hearing at 7:55 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANINIOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:55 P.M. NEW BUSINESS: 10. F[RST READING OF Glv � � i L�u "SOLID WASTE BY AMENDiNG SECTiON 1 r,tv l ( I LED "G 11.10, `�FEES"• � I:1 1 MOTION by Councilmember Barnette to approve the first reading of an ordinance amending Chapter l 13, Entitled "Solid Waste Disposal and Recycling Collection," by Amending Section I I3.07, and also Amending Chapter 1 l, Entitled "General Provisions and Fees," by Amending Section 11.10, "Fees". Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE 1�IOTION CARRIED UNANIIVIOUSLY. PUBLiC HEARINGS: � i rt� K�VOCATION OF SPECiAL USE PERMIT #97-07 UK_ GRANTINC �nnn�v. � ....�. _ _ _ __ C�ARAGE GENERALLY L WARD2: Mr. Hickok, Plannin� Coordinator, provided Council with a brief summary of the Special Use Permit process. He noted that there often are times where the Planning Commission must consider placing stipulations on the special use permit application in order to assure that the property continues to be compatible with the surrounding land uses. These stipulations assure RiDLEY CiTY COUNCTL MEET that there are litigating features to allow the uses to co-exist. Bot cial use nerm t appl cationn and the City Council must approve of the stipulations placed on the spe P Mr. Hickok noted that special use permits and conditional use p ermits are both terms used interchan eably and both legally recognized by the state statutes. H onXar,e tob erveda but noth ng � use permit shall remain in effect as long as the conditions agree p in the section shall prevent a municipality from enacting ora�u e the e�rnit is only valid as long the status of conditiona l uses. Un d e r t h e l a n g u a g e o f t h e s t , P as the conditions agreed upon are observed. Mr. Hickok further stated that it is Mr. Knaak, the City Attorney's, opinion that if any conditions are not (in stafE's opinion) being met on the condition ulchss tuat on unril there has been a public valid in their entirety. The City Council cannot act on s haring and a finding of the violation by t}ie City Council. MOTION by Councilmember Billings to open the public hearing at 8:00 p.m. Seconded by Councilmember Barnette. UPON � VOICE VOTE, ALL �iE1'1BERS VOTING A SLY AND RTH R PUB LC DECLARED THE MOTiON CARRIED UNANiMOU HEARtNG WAS OPENED AT 8:00 P.NI. Mr. Hickok explained that the subject property is located at 6?LitW nczuk to allow h m to k e�p case, a special use permit was issue d �n 1 9 9 7 t o a l l o w M r. P a u l p lte d an existing garage on his property as an accessory stru� for a newhhome on t e�property wit an for the special use permit, construction was underway attached garage. Seven sti ulations accompanied the approved speciai use permitp thr arked offhther hard-surface P has failed to adhere to. Tn e�m °f ov'ements to the existing gar get o blend the building in with riverway, no roofin� and sid� g p the new home/gara�e, and lack of the required letter of credit• onst tu ee a basis forrnestabl shingaa failure to compiete the pro�ect by October l, 1998 should � Staff recommended revoking the pubtic hearing to revoke the special use permit. Therefore, s ecial use permit. They also recommend that Mr. Litwinczuk rs not been recev ed by that datet p ri12, ] 999. If an appltcat�on ha through the formal process by Ap the garage shall be set on a demolition schedule whe 999.t If�he gar� ge espnot removed and the the second accessory building (garage) by May l, l ro ert roperly restored by that date, the City wi11 schedule demolition of the garage and site P p YP restoration. All associated expenses would then be billed to the property owner. ' ember Barnette asked what Mr. Litwinczuk's intentions were. tW n�Huk �eatlysd d not Councilm that he had spoken with Mr. Litwinczuk th Crit Hs in�ent to revoke the special use permit. comment other than that he was aware of y MOTION by Councilmember Wolfe to approve the revocation of Special Use Permit #97-07, to Paul Litwinczuk, Granting Approval to Maintain an Existing Garage, Generally Located at 6291 Central Avenue N.E. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MENIBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. �• CONSiDER REVOCATION OF SP�'�'Te r tT�� ,,.,,._ ___ N EXISTING GARD WARD 3 : MOTION by Councilmember Bolkcom to open the public hearing at 8:07 p.rn, Seconded b Councilmember Barnette. y UPON A VOICE VOTE, ALL MENiBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOT(ON CARRIED UIYAN[MOUSLY. Mr. Hickok, Pianning Coordinator, explained that this property is the Wal-Mart property ]ocated at 8450 University Avenue N.E. In 1992 a special use permit, with three stipulations, Wal-Mart was required to allow outdoor sales in their garden center. A new spec�al use permit was issued in October of 1994 to allow for an expansion of the garden center, which �ncluded four additional stipulations. As part of the requirements for the expansion of the garden center, Wal-Mart was required to construct an enclosure on the south side of their buildin� to allow for outdoor stora e. g Mr. Hickok noted that Wal-Mart has had infractions on two of the four stipulations under the special use permit. These include having a display on the front sidewalk and the outdoor stora e on the south side of the buildin�. g Staff recommended that Council hold the ublic hearin� reserve the right to revoke the special use permit for an future violat ons of tipulations rela e' but either Special Use Permit,SP #92-07 or Special Use Permit, SP #94-14. t�ng to Ms. Stephanie Barton, Store Mana�er of the Fridley Wal_Mart Store, stated that she had mana ed the Fridley store for the past few years. To correct the violations, the following plans have been initiated: 1) the cardboard bails and pallets would be recycled through the Wal-Mart distribution center in Wisconsin; and 2) arrangements have been made for off-site warehousing space for when additional storage is needed. Ms: Barton noted that Wal-Mart was also in the process of sketching up blueprints for a small expansion on the north side of the building to better accommodate seasonal fluctuations in bus�ness. In the future, after the approval process, this could serve as a more permanent solution to the storage problems. TING OF MARCH 1 1999 P Councilmember Bolkcom asked if she was correct in assuming that on any given day no pallets/stacked cardboard would be in public view. Ms. B�ed on a n ghtly bas srrTheacardboard that they are abte to keep in the building would be recy bails wouid be shipped back to the distribution center. Additionally, the trampoline currently displayed on the front sidewalk would be removed. Councilmember Bolkcom stated that she would like to stress the importance �WOUldtseeathat thas clutter out of view. In the future, per Council, if a violation were noted, staff hearing is continued at the next scheduled Council meeting for revocation of the special use permit. Mayor Jorgenson thanked Ms. Barton for working with City staffto resolve this problem. MOTION by Councilmember Bolkcom to continue the publ«the Citg doesrnot�n end to wai�e, �n Specia] Use Permit, SP #94-14, and that in takm� th�s act�on, Y any way, shape or form, any of its obligations, duties or righunc Imember Wo1fe'l�ty to revoke this or any other spec�al use permit in the City. Seconded by Co UPON A VOICE VOTE, ALL NIEN1BERS VOTING AYE, NiAYOR JORGENSON DECLARED THE MOTION CARRIED UNAN[1Vi0USLY. 8. CONSiDER REVUCA iNC. ALLOWING U AND EQUiPMENT, WARD 1 : I 6 MOTION by Councilmember Billin�s to open the public hearin� at 8:20 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL 1ViENiBERS VO NIMOUSLY MAND RTHER PUB LC DECLARED THE MOTION CARRiED UNA HEARING WAS OPE1vED AT 8:20 P.M. Mr. Hickok, Planning Coordinator, stated that special use permits for this property were required in 1996 for a number of items that were being inte�rated into the development of the site. At that time Menards was planning an extensive expansion of theirnets �� UlationOsn The pe�tit oner has had approved three separate special use permits, conta�nin� ro P infractions on one of the nine stipulations. Mr. Hickok noted that Stipulation No. 2 stated that novadof'a sae al use perdm t by�the City. merchandise shall be permitted without a review and appro a p Menards, however, has had a truckload sale with five produce vendor trucks in the parking lot, � request for Christmas tree sales in the parking lot, and a fruit sale in the parking lot. Mr. Hickok stated staff recommended that the public hearing be held, comment be received, that a record of observations be created, and that the specia) use permit not be revoked at this time, but that Council reserve the right to for any future infractions. Councilmember Billings stated that in November of 1998 a truckload sale was held in the parkin lot, and he requested that staff contact Menards to see if they were aware that it was a violation. g Mr. Hickok noted that a letter was sent, and citations were issued at that time. He aiso met with a representative from the Menards corporate offices at that time. The violations were acknowledged, and Menards management staff agreed that they would not continue to violate on the site. Mr. Hickok noted that he was not aware whether this meeting occurred before or after the November fruit sale in the parking lot. Mr. Anderson, Legal Manager of Menards (Eau Claire, WI headquarters), and Mr. Scott McKensey, Fridley Menards Store Manager, were present to address this issue. Mr. Anderson stated that they have not intentionally violated the agreement or jeopardized the outdoor special use permit. He agreed that perhaps the internal communication of Menards was in need of some improvement; however they were attempting to rectify the problems. Merchandise has not been sold outside at the Fridley facility since the truckload sale. Mayor Jorgenson asked who typically was contacted in regard to the violations. Mr. Hickok stated that he believed the Corporate Offce has been notified in the past. Mayor Jorgenson asked that any future notices also be sent to the local store manager, as it appears that the information has not been related to the local store in the past. Councilmember Billings stated he does not believe the problem was a result of poor management at the Fridley store. He felt it was apparent that the management at the corporate headquarters in Eau Claire, Wisconsin did not care enou�h to see that the local store was in compliance with their agreements. If he were not concerned about the employees at the Fridley facility, he would vote to revoke the special use permit without further consideration. This would seem to be a continual problem that management does not take seriously. Mayor Jorjenson said she noticed trucks also parked outside the Fridley Menards that could be rented to haul building materials. She asked if that was also a violation of the special use permit. Mr. Hickok responded that it was and would be subject to penalties as well. Mayor Jorgenson reminded Mr. McKensey that anything parked outside of the fenced area was a violation of the special use permit. Any further violations would be subject to revocation of the special use permit that will have an immense impact on their business. She asked that this be relayed to corporate management. Mr. and Mrs. Rasmussen, Skywood Lane, stated that they felt very strongly that Council needed to uphold the statements that have been made. Menards has a history of completing things only to a point and then stopping. Ms. Rasmussen noted that Menards never completed the required landscaping and that major erosion has resulted with a threat of the Rasmussens losing many of RTDLEY CITY COUNCiL MEETING OF MARCH t 1999 • PAGE their trees. Additionally, concerns were addressed about the fencing with regard to proper screening and maintenance. Mr. Hickok responded that when any project reaches completion, a check-off sheet is routed to determine that everything has been completed properly. At that time, the landscaping will be reviewed as well and if necessary, corrective action will be required. MOTION by Councilmember Billings to continue the public hearing for the revocation of Special Use Permit SP #96-06, that the City of Fridley waives none of its rights in any continuance of this hearing and that the purpose of the hearing is to continue the review and complete the process. Furthermore, the City can revoke the special use permit for any reason if there is any past or future violation of the conditional uses that are referred to in the permit. Seconded by Councilmember Bolkcom. UPON A VOiCE VOTE, ALL MEIViBERS VOTiNG AYE, MAYOR JORGENSON DECLARED THE MOTION CARR�ED UNANINIOUSLY. 11. iNFORMAL STATUS REPORTS: Councilmember Bolkcom stated that she attended the North Metro Home & Garden Fair at the Mounds View Community Center on Saturday, February 27. She noted that the fair was weli attended, and she thanked staff for their efforts in or�anizin� the event. ADJOURN: MOTION by Councilmember Billings to adjourn the March l, 1999 meeting of the City Council at 8:55 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL NiEMBERS N MOUSLY AND TH EME ET NG WAS DECLARED THE iViOTION CARRIED UNA ADJOURNED AT 8:55 P.M. Respectfully submitted, Tamara D. Saeflce Nancy J. Jorgenson Recording Secretary Mayor MEMORA.NDUM DE VELOPMENT DI�CTOR Date: March 11, 1999 i Mana er !�� Ta; Wiiliam Burns, C ty 9 � From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator Subject: Second Reading of Ordinance Amending Chapter 113 and 11 Since there were no objections to lowering recy��ram fees otn March �1, 1999n staff regarding reducing Solid Waste Abatement Prog recommends that the City Council conduct the second reading on ordinance amendments to Chapters 113 and 11, according to the attachment. Staff has not received any comments from the public on this me secondreadi gaat the meeting, so staff recommends tha{'nhe astY re° ous�ly scheduled. If there continue to be March 22, 1999, City Council mee g, P no objections, staff recommends that the changes ffectdw th the Ap pu 999 bill'ngs. °n as possible so that the fee reduction may go into e M-99-64 1.01 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION", BY AMENDING SECTION 113.07, AND ALSO AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES", BY AMENDING SECTION 11.10, "FEES" 113 SOLID WASTE DISPOSAL AND RECYCLING COLLECTION 113.07. SOLID WASTE ABATEMENT PROGRAM FEE Effective with the April 1999 billing, the City of Fridley shall begin charging residential dwellings of one to four units and multiple dwellings of 5- 12 units $5.50 per unit per quarter. Multiple dwellings of 13 or more units certified for service under the City's contract for recycling services will be charged the current contract price which the City is charged by a private contractor to provide multi-unit recycling services. This fee shall be charged in conjunction with the utility billings as administered by the Finance Department. This fee shall be called the Solid Waste Abatement Programming Fee. This revenue shall be placed in the Solid Waste Abatement Fund and shall be expended on solid waste programming activities. These activities include the curbside collection of recyclables for residential dwellings of one to four units, recycling services to multiple dwellings of 5- 12 units, and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services, the purchase and distribution of curbside recycling containers, a drop-off redemption center for recyclables, a yard waste transfer center, and other special abatement activities as authorized by the City Council. 11. GENERAL PROVISIONS AND FEES 11.10. FEES License and permit fees shalt be as follows: CODE 113 SUBJECT Solid Waste Programming FEE $5.50 per residential dwelling of 1-4 units and per multiple dwellings of 5- 12 units. Multiple dwellings of 13 or more units certified for service under the City's recycling services contract will be charged the current contract rate which the City is paying a private contractor to provide the service. 1.02 Y THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS PASSED AND ADOPTED B � 1999. DAY OF NANCY J. JORGENSON - MAYOR qTTEST: DEBRA A• SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: March 1, 1999 March 1, 1999 March 22, 1999 April 1, 1999 1.03 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 3, 1999 CALL TO ORDER: Chairperson Savage called the March 3, 1999, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig, Larry Kuechle Members Absent: Dave Kondrick Others Present: Paul Bolin, Planning Assistant Dave Hoeschen, Holiday Companies See attached list APPROVAL OF FEBRUARY 3. 1999. PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Saba, to approve the February 3, 1999, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: SPECIAL USE PERMIT. SP #99-01. BY HOLIDAY �TATIONSTORES. INC.: To allow a motor vehicle fuel, "station store", and a motor vehicle wash establishment on Part of Lot 1, Auditor's Subdivision No. 25, generally located at 5695 Hackmann Avenue MOTION by Mr. Oquist, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Mr. Bolin stated the purpose of the special use permit is for Holiday Companies to construct a motor vehicle fueling station and car wash at 5695 Hackmann Avenue, the location of the current Citgo station. The property is currently zoned C-2 General 2.01 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 2 Business. Holiday's plan is to raze the current Citgo station and remove the underground tanks. Mr. Bolin stated the properties to the east and north of this property are zoned R-1, Single Family; the property to the south is zoned R-3, General Multiple Dwelling; the property to the west is Highway 65. Across Highway 65 is the proposed Medtronic site as well as R- 1, Single Family zoning, and Moore Lake is to the north. This property has been used a service station of some type since the 1950s. In 1975, the property was rezoned from C- 1 S to C-2. Mr. Bolin stated that in looking at the site plans, the parking meets the code requirements and the drainage plans and calculations meet or exceed the code requirements. The site will have improved access to Highway 65 and Central Avenue once the intersection is reconstructed. Staff has also determined that putting a new station store on this site will not place any unreasonable demands on the public utilities. Mr. Bolin stated that in walking around the wooded area on the southern part of the property, staff noticed what appeared to be some possible wetland vegetative materials. The City contacted its wetland consultant, Peterson Environmental, and Holiday contacted its environmental consultant. Both consultants visited the site, took some soil borings, and examined air photos and wetland inventory maps of the site. Both consultants concluded that the site is most likely not a wetland. Both consultants recommended doing some more soil testing by May 1 to either confirm the existence or absence of wetlands. Staff will be recommending as a stipulation that if non-exempt wetlands are found on the site, the special use permit, if granted, would become null and void. Mr. Bolin stated staff has received three letters of concern from neighborhood residents. These concerns included excess noise, hours of operation, drainage, environmental impacts of car wash, underground storage tanks, and property values. Staff used these concerns as a guideline to develop 20 stipulations for this special use permit. There was also some concem about lighting, so staff visited similar Holiday station stores in Crystal and Brooklyn Center at Highway 252 and 66"' Avenue. Both have adjacent single family homes. Staff took some photos of the night lighting. The Crystal store is fully lit at night with one side of the canopy which is not lit. The Brooklyn Center station store is similar architecturally to the proposed Fridley site. At this Holiday, the only sign that is lit is the front face of the store. This is more in line with what staff would like to see for the Fridley site if the special use permit is granted. Mr. Bolin reviewed the site plan showing the location of the station store, the car wash, parking, finro entrances, and the drainage. Mr. Bolin stated staff is recommending approval of the special use permit with the following 20 stipulations: 2.02 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 3 1. The soiis on the property wilt be tested (weather permitting) by May 1, to make a final determination on the presence C tas env onmental consultant at wetlands. Testing will be completed by the y the etitioners expense. if it is determined that non-exana vo dt' No si e�st on P the property, this special use permit shall become nu alterations shail occur untii a final determination on wetlandremises, and litter 2. The petitioner shall be respobas s. f Tralsh receptac�estmust be provided on control is to occur on a daily site at convenient locations to facilitate litter control. 3. Parking lot must be lined with a concrete �n{s including one handicap space, 4. Adequate parking to meet code requireme , be provided on-site. 5. No off-site employee parking allowed along Hackmann Avenue or the service road. 6. Final drainage, landscaping, and irrigation plans shall be submitted with building permit application. 7. Petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond. 8. Canopy over gas pumps to have recessed, shielded, dow facesl shall not beS to be less intrusive on neighboring properties and canopy internally lit. 9. Car wash hours of operation shall be limited to 6A.M. - 11 Pe umes off 10.Tanks and ventilation shall be lo na{ be approved'by staff prior to issuance of premises. Tank and vent locatio a building permit. 11. Petitioner shall install adequate infor natiandlto assu e thattcars waiting to be proper flow of traffic around the build g washed do not block access from roadways. 12.Intercom volume shall be set so intercom messages do not carry beyond stationstore property. customers 13.Informational signage shall be placea �e uest ng they keepl adios turned that they are in a residential area an q down so impact does not carry onto neighboring properties. 14. Petitioner shall install all waste trap and filtration devices as required by the Building Code for car wash facilities. rovisions of 15. The petitioner shall comply with all outdoor sales and storage p Chapter 205 of the City Code. 16.The petitioner shall comply with all outdoor storage requirements. 2.03 PLANNING COMMISSION MEETING, MARCH 3, 1999 �riVt 4 17. The petitioner shatl install underground irrigation for the landscape areas surrounding the station store. 18. All signs shall be reviewed by staff to assure compliance with Chapter 214 of the City Code. 19. Ali building elevations shall be reviewed by staff to ensure the design and materiais used, shall architecturally integrate with the surrounding neighborhood. 20. The existing fence along the east property line shall be replaced with a residential type fence, to be approved by staff prior to issuance of a permit. buiiding Ms. Modig asked how the size of this proposed station store compares with ' Columbia Heights station store or the Brooklyn Center station store. either the Mr. Dave Hoeschen, Holiday Companies, stated the Brooklyn Center station is a simi prototype; however, the proposed station store is slightly smaller at 3,747 square feetar The Brooklyn Center station store is 4,000 square feet. The Columbia Hei hts stati store is slightly smaller than this proposed station store. g on Mr. Sielaff asked where the storm water detention basis was located and does it discharge into Moore Lake? Mr. Bolin stated the storm water detention basin is located on the westem ed e of the property and does discharge into Moore Lake. The storm water after leavingghe catch basins will go through an oil and water separator before going into Moore Lake. Mr. Hoeschen stated they will be installing oil and water separators in atl the catch The neighbors were concemed about drainage. Beyond putting in large d ondin asins. areas that will capture the water, hold it briefly and discharge it at a regula � e, theg wanted oil and water se parators b e c a u s e o f t h e p r o x i mi t y to Moore Lake. They are also going to allow for sedimentation so that not only will they be removing the oil, but will be removing the phosphorus that comes from lawn fertilizers. This will be an improvement for Moore Lake. Mr. Sielaff asked if the car wash would use detergents containing phosphorus. Mr. Hoeschen stated the release from the car wash is recycled and goes into the sa ' sewer. rntary Mr. Sielaff asked about the existing underground storage tanks. Mr. Hoeschen stated all the existing petroleum tanks and equipment will be removed. They have been working with the State of Minnesota on those issues, In addition th will be installing all state of the art tanks and equipment. ' ey 2.04 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 5 Mr. Saba stated one of the stipulations recommended by staff states that "the intercom volume shall be set so intercom messages do not carry beyond the station store property" (#12). He asked how that can be controlted. Mr. Bolin stated it is staff's hope that Holiday will wal earoui d�the aff ecte vestcomp ai ts test the volume and monitor the level of sound. How � � Since this is and there is a problem, the sound level will have to be adjusted accordingly. a stipulation of the special use permit, if it would become a continuing problem, the City Council can review the special use permit. Mr. Saba asked if an intercom system is necessary. Mr. Bolin stated it is necessary for emergency purposes. It is a way for the Holiday personnel to communicate with their customers in case of any dangerous situations. It is staff's intent that the intercom system is not to be used on a regular basis. Mr. Hoeschen stated that regarding the intercom, they�wouenue stat on stobeethey g eed customers t ha t a pump i s r e a d y f o r u s e, e t c. A t t h e 5 7 A v not to use it for music, advertising, or directional messages. In this case, it is only for emergencies. The int�rcom is finro-way which is required by the Minnesota Fire Marshall's Office. Mr. Hoeschen stated that staff has done a very detailed analysis• cceyt ble however�he to see 20 stipulations but do understand each one and all 20 are a p would like to address one or finro stipulations. Mr. Hoeschen stated one stipulation addresses the Weeltlands hereTHerha snoeproblem II as the City's, believes that is not likely that there are w with the stipulation except the portion which states: "If is�f und, they wouad like t be pt wetlands exist on the property..." If wetland vegetation allowed the opportunity to mediate that wetland as per state regulations. Then, if they could not do that, the "special use permit should become null and void". Mr. Hoeschen stated when they started the project, they mailed letters to the neighbors asking for input and offering to meet with them. In30 Ha'ckmann Avenulehwhose property owners immediately to the east , the Gdstads, at 9 oWners had a couple of is very close to the proposed development. These property issues. One was that Holiday's driveway would be too close to their existing driveway. The existing site plan talks about moving that driveway as far away from the properly as possible. The property owners asked that the store hav�e ��° ke to havel a 24 hourhan the 24 hours being requested by Holiday. He stated they w operation; but they have assured these neighbors that as long as they are living in this house, Holiday will limit the hours of operation to 5:00 a.m. to midnight. 2.05 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 6 Mr. Hoeschen stated he received a telephone cail from the apartment manager at 995 Lynde Drive. She had no issues and seemed happy about the station store coming. Mr. Hoeschen stated that copies of letters with concems from other neighbors he has not met were included in the agenda packet, as well as a letter from the Gilstads. He stated his staff went through an exercise ta try to see what they could do to accommodate as many of those concems as possible. They developed a site plan to pivot the building; however, they cannot meet setback requirements with that site plan. Ms. Modig stated if there is going to be a car wash coming around the side on the east, if there is a line-up of cars (5-6), what impact is there from exhaust fumes and noise to the neighbors on that side? How high is the fence going to be between the station store and the neighbors on this side? Mr. Hoeschen stated that a previous offer to the neighbors was to work with them regarding the fence and landscaping. Practically speaking, there is a limit on the height. They envision an 8-10 foot redwood fence; however, if the fence is too tall, it won't be very attractive. One peculiarity about this property is that the neighboring pro e owner's driveway actually encroaches on the station store parcel. It is not an ss e for Holiday, but it does tend to condense the space between the finro properties. Regarding the landscaping, they would prefer that the landscaping issue be at staff's recommendation so it gives flexibility for the neighbors to decide. Mr. Saba stated that in terms of lighting at night, would this proposed site be lit more like the Brooklyn Center store or the Crystal store? Only the front face of the store is lit at the Brooklyn Center store. Mr. Hoeschen stated the lighting would be the same as the Brooklyn Center store. The stipulation placed on the site by staff limits it to that, and Holiday is agreeable to that. Ms. Nancy Jorgenson, 5730 Polk Street, and Fridley Mayor, stated her back yard faces this property, and she has several concems. She stated there is a considerable drop in grade from the properties just to the east of this location. Even a 12-foot fence is not going to visually detract from this station. She has a gazebo and rather large deck in their back yard, and they enjoy being in the back yard. She is concerned about the traffic that would be generated. Currently, Hackmann Avenue has a that enter Central Avenue and then onto Highway 65, and a roximately 3,000 cars/day come down Central Avenue. These statistics were obtained by A okaeC unty and the�ay City of Fridley in 1996 prior to the remodeling of the roadway to address the issues of the Lake Pointe development. Ms. Jorgenson stated that with the amount of traffic already generated from the neighborhood and the Citgo gas station, she woufd be curious to know how many cars per hour Holiday anticipates coming through the new station. The fueling pump area is going to double compared to the existing gas station. In addition, a convenience store 2.06 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 7 will generate trips other than just the fueling. The convenience items that are currentiy purchased at the gas station are basics such as milk, pop, cigarettes, candy, etc. She was sure the expanded convenience store would carry more items that will generate more traffic. Even with the roadway configuration, this side of Highway 65 is going to continue to operate at a Level F through the next 8 years. Level F is a failing level. With Medtronic coming in on the Lake Pointe property, the City is anticipating approximately 4,000 cars per day at full development t tfind falte na e ways through'the neighbofiood cross Highway 65 onto Central Avenue to leave the site. ` Ms. Jorgenson stated the biggest issue she has is what is actually going to happen with this entire area in the next 5-10-15 years with the Medtronic project and looking at potential redevelopment on the east side of Highway 65. Ms. Jorgenson stated there are four residential properties (including hers) directly adjacent to the proposed station store development. When the area was actually rezoned into a redevelopment site in 1985, because they were concerned about the characteristics of the residential neighborhood, she and a neighbor petitioned the City Council to keep the four residential homes and the gas station out of the redevelopment area. She is concerned about how this development fits into the City's long range comprehensive planning. Ms. Jorgenson stated the City Council had a meeting about three months ago about lighting the Moore Lake causeway. The neighborhood directly to the west was very concerned about the lighting due to the reflection of the lights off the lake and how that would impact the neighborhood. At that time, the City Council decided to delay any additional lighting in that area in order to keep the residential character and to maintain the natural habitat of the Sand Dunes area, as well as Moore Lake Park. Ms. Jorgenson stated she has received at least 12 telephone calls from neighbors regarding this particular proposal. They are all very concemed about the traffic pattern. The entire neighborhood to the east from Gardena Avenue to the south has to come down Hackmann Avenue to get on Central to access Highway 65. Right now it is very difficult with the current configuration of the intersection. Even with the roadway improvements, it is going to continue to operate at a Level F. She sees the potential for further traffic difficulties to just get greater. Right now, many neighbors are using Silver Lake Road as access out of the neighborhood because of the difficulty of getting onto Central Avenue from Hackmann Avenue. Ms. Jorgenson stated that when they first purchased their property, there had been a full gas station including a convenience store in this location. Before they purchased their property, they had asked the City what was going to happen to this site because the station was closed at that time. The City told them the station was to be removed and a smaller store put in to just service the neighborhood. That was 22 years ago, and the station has been a wonderful neighbor. 2.07 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 8 Ms. Jorgenson stated Holiday Stationstores are good businesses and are good neighbors, but she believed the traffic situation in this area warrants a closer look. The conditions for a special use permit can be denied if it is found that the proposed development is against the general health, safety, and welfare of the community, not only the community of Fridley but surrounding areas affected by this development. Ms. Savage asked if staff had any reaction to the issue brought up by Mayor .�orgenson regarding the long range planning for this area. How does this fit in with the Medtronic project, and does the City really want a gas station here? Mr. Bolin stated the Medtronic project is still in the planning stages. He has not seen any plans regarding the Medtronic project that is related to this residential area. Mr. Sielaff asked what is being proposed for this residential area in the Comprehensive Plan. Mr. Bolin stated the Comprehensive Plan is stitl being developed, and he did not have an answer to that question. Mr. Jim Nevison, 5720 Polk Street, stated that he has lived next to Mayor Jorgenson for 2%z years. He purchased a vacant lot with no tax base, constructed a$150,000 home, and now contributes $1,800 in taxes per year. Over the next 30 years, he and his family will be generating about $60,000 in taxes for the City of Fridley. They built here because it is a beautiful neighbofiood with beautiful trees and a great place to raise a family. The current gas station has been a good neighbor. It has always closed in the evening, and his family has always felt safe and secure. He is opposed to this larger gas station/ convenience store development that will attract a lot of traffic and be open 24 hours a day. Mr. Hoeschen has said that the hours will be limited as long as the Gilstads live here; but if they move, it will revert to a 24 hour station. It would be better for this development to happen across Highway 65 and keep this neighborhood quiet and desirable. He hopes his investment in Fridley is not wasted. Mr. Richard Wolfe, 960 Hackmann Avenue, and Fridley Councilmember, stated he has many of the same concems as Mayor Jorgenson. Hackmann Avenue is the number one way for the neighbors to get onto Central Avenue, and the traffic is phenomenaf during the moming. With a new gas station/convenience store, they also have to consider Totino Grace High School students who might use the convenience store in the moming to pick up pop and snacks. Many times in order to go west on I-694, he takes back streets to Silver Lake Road if the traffic looks bad on Hackmann. He referred to stipulation #13 which reminds and requests customers "...to keep radios tumed down so impact does not carry onto neighboring properties." He did not know how this stipufation could be enforced. 2.0$ PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 9 Mr. Richard Wolfe stated he has received at least 10 telephone calls from neighbors who are not happy with increased traffic, noise. Just as an example is that the blowers in a car wash are extremely loud, louder even than an intercom system for communicating with a customer. He believed the traffic in this area is going to be extreme, especially with the Medtronic project which is looking at 3,500 employees. Obviously, this station would be a gold mine for Holiday, but a disaster for this neighborhood. You have to look further than just the 350 foot notification area. He wondered why the Columbia Heights' Holiday store wasn't looked at by staff. The lights there are very bright. Ms. Ann Williams, 5760 Hackmann Avenue, stated that she lives across from the Gilstads. She stated there are numerous times when she has difficulty getting out of driveway because of the heavy tra�c on Hackmann. She has many cars that pull into her driveway to turn around. This gas station is going to do nothing for the neighborhood; and, as far as she is concerned, it is going to trash the neighborhood. Mr. Bob Gilstad, 930 Hackmann Avenue, stated he owns the adjoining property. He has talked with Mr. Hoeschen about his concerns. Regarding the excess lighting, he looked at several other Holiday stores. He felt the lights at the Brooklyn Center store were bright. He stated his bedroom overlooks the station now; and even the store closes at 10:00 p.m. on weekdays and 11:00 p.m. on weekends, he still has some light. They do hear a lot of noise al through the night, even when the station is closed. They have stopped several night burglaries. Mr. Gilstad stated one of his concems was if there was a way to have the building tumed so the back of the building faces them. That way the lights from the building would be off to the side, similar to the Columbia Heights store. Regarding the drainage issue, the station lot is lower. If the lot is raised up, he is concerned about having water ponding in his back yard. He stated he has lived here for 18 years. He works at home, and he is concemed about the City moving the road with the new development. That will cause a problem, because a stop sign would be put right at his driveway which would cause more problems for him getting out of his driveway. He also talked to three realtors about real estate values. With a bigger station store, he can lose about $30,000 on the value of his house. Mr. Jim Wolfe, 1265 Hathaway Lane, stated that when he came down Hathaway Lane by the existing station the day before, because of the traffic from Medtronic, the stop light changed four times and he still could not get onto Central Avenue. He finally tumed right on Central Avenue and went to Gardena and made a U-tum to come back on Central to get to Highway 65. He timed the stop light, and it was 11 seconds for 35 cars to go by and on the other side coming north, it was 5 seconds. So, something has to be done to allow the neighbors access to Central Avenue. Ms. Wendy Wegland, 995 Lynde Drive, stated she is the resident manager at Moore Lake Apartments. When she first talked to Mr. Hoeschen, she was in favor of the development. However, after hearing the neighborhood's concems and giving it some 2.09 PLANNENG COMMISSION MEETING, MARCH 3, 1999 PAGE 10 more thought, she has changed her mind and does agree with the neighbors that this development would cause more traffic. She also had concems about safety. She stated there are a lot of children at Moore Lake Apartments. and she would be concemed for their safety. This area just doesn't need the added traffic. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the pubfic hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:35 P.M. Mr. Oquist stated he lives on Hackmann Circle so he knows what the neighbors are talking about. It is not only traffic from Medtronic that causes problems, it also the traffic to and from Totino Grace High School. The statement was made in the staff report that the assessed values of these homes will not be any different with the Holiday `stationstore' and car wash than they would be with the existing Citgo". He stated he would challenge that statement. He has lived in this neighborhood since 1960, and he has seen the different stations that have been on this comer. This Holiday station is not the same; it is a gas station, grocery store, and car wash. Even with the small station, there are usually 2-3 cars that pull in not for gas, but to buy cigarettes, pop, or something like that. Now, with a convenience store, that would create a lot more traffic just for that part of the business. Mr. Oquist stated this is in a commercial area, and there is no separation such as right-of- ways, streets, or screening to separate the neighbors from it, so this property is different. He stated that in considering special use permits, the Commission has to look at whether the proposed use will be "detrimental to the health, safety, or general welfare of the community, nor will cause serious traffic congestion nor hazard, nor will seriously depreciate surrounding property values..." He believed this project will create more traffic (that intersection is already bad at best), and it will affect property values. This is a residential area, and it should be looked at in the Comprehensive Plan for the future. It is a nice project, but not in this location. He stated he will vote against the special use permit. Ms. Savage stated she agreed with Mr. Oquist. This is a very nice project, but this is not the place for it. She has concems about the traffic, noise, hours of operation, drainage, lighting, and property values. She believed that in the future planning of this area, there could be a better use for this property than a gas station. Mr. Saba stated he uses that gas station a lot. There are times during the day when he cannot get onto Central Avenue because of the existing traffic. He cannot imagine how bad it will be a new station and the proposed Medtronic traffic. He agreed that Totino High School and the beach area in the summer all contribute to the heavy traffic. He liked the store and the design. He believed that the concems brought up at the meeting have been adequately addressed, but he believed the one concem that cannot be addressed in an acceptable way is the traffic. He would vote against the special use permit. 2.10 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 11 Ms. Modig stated she lives in the area on Hillcrest Drive, and Central Avenue is her main corridor in and out also. She hoped that some of the intersection changes will help her, but getting in and out of the Citgo station can be a challenge. Any project that has 20 stipulations, in her opinion, is a red flag that says something is wrong and that the project doesn't fit in the area. She agreed Holiday has nice stores and are good neighbors, but it just does not fit for this particutar site. Mr. Kuechle disagreed. He stated the site is zoned commercial which means the neighbors can expect some kind of commercial development. He would agree that the proposed gas station and convenience store will be larger and will generate additional traffic. However, he also believed that Holiday would have seriously considered the traffic because if people cannot get in and out of the station, they may stop once but not twice. That would be a very great concem to Holiday, because one of the prime factors for the placement of a senrice station would be convenience in and convenience out. He believed Holiday has done a very good job of trying to meet all the special needs of the neighborhood in terms of drainage and other issues. The property is zoned commercial, and he would vote in favor of the special use permit. Mr. Sielaff stated Holiday has done a good job of addressing all the issues, and they should be commended for that. However, the evidence is overwhelming on the traffic, and he would vote against the special use permit. MOTION by Mr. Oquist, seconded by Ms. Modig, to deny Special Use Permit, SP #99-01, by Holiday Stationstores, Inc., to allow a motor vehicle fuel, "station store", and a motor vehicle wash establishment on Part of Lot 1, Auditor's Subdivision No. 25, generally located at 5695 Hackmann Avenue, based on the discussion regarding the traffic problems, property value issues, and the general health, safety, and general welfare of the neighborhood. UPON A VOICE VOTE, OQUIST, MODIG, SABA, SIELAFF VOTING AYE, KUECHLE VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Mr. Bolin stated this item will go to the City Council on March 22, 1999. 2. RECEIVE JANUARY 4 1999 PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the January 4, 1999, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2.11 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 12 3. RECEIVE JANUARY 19 19q9 F►�VIRONMENTAL [�� 1 LITY & ENER �v �OMISSION MINUTES• MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the January 19, 1999, Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4, YEAR 2000 (Y2K) READINESS UPDATF• Mr. Bolin stated that the Commission members had received a copy of a memo from William Champa dated February 26, 1999, on the "Year 2000 (Y2K) Readiness Update". Mr. Bolin stated that on March 1, 1999, the City Council approved a$201,000 expenditure to upgrade the City's needs for solving some of the Y2K problems. The City has a city-wide project team coordinated by the City Manager to work on these issues. In addition, each department has people assigned to identify and work with Y2K problems. Mr. Bolin stated the memo also addresses the potential problems the City might have with Y2K and how and when the City plans to remedy those problems. The telephones and voice mail system are not YZK compliant; however, those problems will be corrected this year with a new phone and voice mail system. Some of the Finance software is not Y2K and will be upgraded by March 20, 1999. Some of the Police software is not Y2K compliant, and the City is working with the County to upgrade that software in the second and third quarters of this year. The City believes the Water and Sewer services wilf be able to continue service without any interruption. � Mr. Bolin stated the City will be purchasing some generators for back-ups to keep some of the City's water and pumps working, if necessary. A generator is proposed to be used at the Community Center for an emergency-type shelter. The City is going to become more proactive in educating the public about Y2K this spring. More information will be published in the spring, summer, and fall newsletters. Mr. Bolin stated that Mr. Champa is currently working on a readiness plan and a draft should be available by May 15, 1999. On April 29, 1999, he meets with Anoka County and surrounding cities to coordinate a county-wide readiness plan. Mr. Champa states that "compared to most cities in the metro area, Fridley is fairly proactive in dealing with � potential Year 2000 problems". Mr. Saba asked what the City is doing to prepare for power surges or even a shutdown of some equipment to protect its electronic equipment, pumps that operate off NSP power, etc., when the power may fluctuate significantly. Mr. Bolin stated he was not sure, but he was sure the City is addressing that. 2.12 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 13 Mr. Oquist stated that Mr. Saba had made a good point, and this should be discussed with staff. Mr. Bolin stated he would relay this information to Jon Haukaas, Assistant Public Works D i rector. ADJOURNMENT M T by Mr. Sielaff, seconded by Mr. Oquist, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MARCH 3, 1999, PLANNING COMMISSION MEETING ADJOURNED AT 9:00 P.M. Res�ctfully submitted, Lyn e aba Reco ng Secretary 2.13 CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING m_►-�� , rq�� Name and Address Agenda Item of interest � CZ� =� n`I��<�r ��/,1"ii�- `f �C� � i�/ /� .� . ` � �?SO 7 ,-.,, �a� � t� � � Yt�—e�-� �.'Y1 �� L c7�w1 �tl � al �� k� ; � c A � �� .�� f '�� i�.2 / �" ��-ry ;J � i'� �2�--eit�,�.�- J��v� �✓'�2�%�� ✓" ,_� C.%��'�?�, , W�� "�" /�'.6� i��i9�.'�` ^ _ � ,�,� �of`��,� � %� h�2 � wo(,- � � �i C� rf��/�L C'i� .�.7�;� 4.�. �- "�.x0 �1�0 �.��/� �� 0 /�' !� MEMORANDUM DEVELOPMENT DIRECTOR DATE: March 11, 1999 � TO: William W. Burns, City Manager r�,�•'� FROM: Barbara Dacy, Community Development Director and Ron Julkowski, Chief Building Official SUBJECT: First Reading of Ordinance Amending Chapter 206 Entitled Building Code to Adopt the 1997 Minnesota State Building Code The State of Minnesota adopted the 1997 Minnesota State Building Code and the Uniform Building Code in the fall of 1998. It is now appropriate for the City to amend Chapter 206 to adopt the most current version of the State Building Code and the Uniform Building Code. Attached for first reading is an ordinance amending the appropriate sections of Chapter 206 to reflect the updates which have been adopted by the State of Minnesota. A summary memo from the Building Official is attached which identifies some of the changes. Included in the ordinance is an increase in permit fees. In general, a 10 percent increase will occur for most types of permits; however, it should be remembered that the City of Fridley continues to waive plan review fees for any type of residential construction, which results in a 65 percent savings to a Fridley resident as compared with other cities. Recommendation Staff recommends the City Council adopt a first reading of the ordinance as presented. BD\jt Enclosure M-99-65 3.01 MEMO TO: MEMO FROM: MEMO DATE: REGARDING: BUILDING INSPECTION DIVISION MEMO Barbaza Dacy, Community Development Director Ron Julkowski, Building Official March 10, 1999 Code Changes and Adoption of the 1997 State Building Code The adoption of the 1997 Uniform Building Code and the Minnesota State Building Code were approved for adoption by the State of Minnesota on October 5, 1998. The 1997 UBC Code requirements for residential construction remain unchanged from the 1994 UBC. Building permit fees are updated with each new building code, typically every three years. Increases in permit fees and building valuation are based on the consumer price index. The State building valuation data is based on the cost per square foot of all types of buildings and building projects and is adjusted yearly. This valuation determines the building permit fee. Examples of the 1994 UBC versus the 1997 UBC permit fees are as follows; 1) 12 foot by 12 foot deck; Value $1292.00 2) Room Addition; Value $40,000.00 3) New Home; Value $150,000.00 1994 UBC Fee 1997 UBC Fee $44.93 $49.83 $544.75 $1,362.25 $603.25 $1,498.75 Building permit fees will increase approximately ten percent with the new code adoption. Residential permit fees would continue to have the plan review fee waived which would result in a 65 percent savings from the surrounding communities. The Minnesota Energy Code will have the largest impact on residential construction. Enforcement on this part of the Code will begin on July 20, 1999. When adopted, the Code will address air quality, moisture, and carbon monoxide within the home. Homes have become more energy efficient and the new Code addresses a variety of issues. For example, new homes will be required to have a whole house ventilation system which is similar to commercial occupancies. There are several proposals to comply with this new requirement. The most expensive would be the installation of a ventilation recovery system which would provide complete air exchanges within the dwelling. The estimated cost would range from $2500.00 to $4000.00. Another option would be to increase the fresh air into the dwelling through outside air ducts attached to a continuous exhaust fan. This method would be the least expensive. The building code is constantly being changed and updated to insure a safe and healthy environment for everyone. Additional changes will be forthcoming with the International Building Code adoption after the year 2000. RJ/mh 3.02 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206 ENTITLED "BUILDING CODE", BY AMENDING SECTIONS 206.01.02, 206.01.03, 206.03.01, 206.03.03, 206.04, 206.05.01, AND 206.07.12 206.01. BUILDING CODE 1. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 through 166.73, one copy of which is on file in the office of the City Clerk of Fridley, Minnesota, is hereby adopted by reference as the Building Code of the City of Fridley and incorporated in this Chapter as completely as if set out here in full. (Ref. 901) 2. The following chapters of the Minnesota State Building Code including the following chapters of Minnesota Rules are adopted by the City: A. Chapter 1300 - Minnesota Building Code. B. Chapter 1301 - Building Official Certification. C. Chapter 1302 - State Building Construction Approvals. D. Chapter 1305 - Adoption of the �994 1997 Uniform Building Code including Appendix Chapters: (1) 3, Division I, Detention and Correctional Facilities (2) 12, Division II, Sound Transmission Control. (31 15, Reroofinq (4) 16, Division 1, Snowload Desiqn 43} j�29, Minimum Plumbing Fixtures (61 31, Division II, Membrane Structures E. Chapter 1307 - Elevators and Related Devices F. Chapter 1315 -�3 1996 National Electrical Code G. Chapter 1325 - Solar Energy Systems H. Chapter 1330 - Fallout Shelters I. Chapter 1335 - Floodproofing Regulations J. Chapter 1340 - Facilities for the Handicapped K. Chapter 1346 - Minnesota 1991 Uniform Mechanical Code L. Chapter 1350 - Manufactured Homes M. Chapter 1360 - Prefabricated Buildings 3.03 Page 2 - Ordinance No. N Chapter 1361 - Industrialized/Modular Buildina 0. Chapter 1370 - Storm Shelters P. Chapter 4715 - Minnesota Plumbing Code Q. Chapter 7670 Minnesota Energy Code 3. Administration Optional Appendices. The following chapters of the code afe is adopted without change by the City: A. Chapter 1305.0020 Subpart 2: , . . , .rrrsr.r+:'1 e ' ' ' ' ' ' ' �7'.zT.SlTl.fiTtiL��f�3I_T_isilcir7��1�T.T.iI�I • •• •• •• • • 33, Excavation and Gradinq 4. Organization and Enforcement. A. The organization of the Building Division and enforcement of the code shall be as established by Chapter 1 of the Uniform Building Code �-894 1997 Edition. The Code shall be enforced within the incorporated limits of the City and extraterritorial limits permitted by Minnesota Statutes�9S4. B. The Building Inspection Division shall be the Building Code Department of the City of Fridley. The Administrative authority shall be a State Certified Building Official. (Minnesota Statute 166.65) C. The City Manager shall be the Appointing Authority and designate the Building Officia� for the jurisdiction of Fridley. (Ref. 961) 206.02. CONFLICTS In the event of any conflict between the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State law, rules or regulations, the latter shall prevail. 206.03. PERMITS AND FEES 1. The issuance of permits, and collection of fees shall be as authorized in Minnesota Statute 166.62 subdivision 1 and 16B.70 and as provided for in Chapter 1 of the �994 3.04 Page 3 - Ordinance No. 1997 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Section 107.3, is amended to read "...except on occupancy groups R-3 and U.1 ". (Ref. 901) 2. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 166.69) 3. The fee schedules shall be as follows: A. Plan Review Fees. (1) When a plan or other data are submitted for review, a plan review fee shall be paid at the time of submitting plans and specifications for review. (2) Where plans are incorporated or changed so as to require additional plan review an additional plan review fee shall be charged. (3) Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned or destroyed. The building official may extend the time for action by the applicant once for a period not exceeding 180 days upon request by the applicant. (4) The plan review fee shall be 65 percent (65%) of the building permit fee and shall be credited to the building permit plan check fee if a permit is obtained within 180 days following the completion date of plan review. (Ref. 901) B. Building Permit Fees. (Ref. 901) TOTAL VALUATION FEE S 1.00 to 5 500.00 ......................... S�?-89 23.50 S 501.00 to S2,000.00 .........................S-2-�-:AB 23.50 forthe first 5500.00 plus S�� 3.05 for each additional 5100.00 or fraction thereof, to and including S 2,000.00 $ 2,001.00 to S25,000.00 ........................S&3,9A 69.25 for the first $2,000.00 plus S�-�8 14.00 for each additional S 1,000.00 or fraction thereof, to and including $25,000.00 525,001.00 to $50,000.00 ...................... S�A9 391 •75 for the first 525,000.00 plus S9:AA 10.10 for each additional 51,000.00 or fraction thereof, to and including $50,000.00 550,001.00 to S100,O00.00 ......................Sg�9:A9 643.75 for the first S50,000.00 plus S�6 7.00 for each additional 51,000.00 or fraction thereof, to and including S 100,000.00 $100,001.00 to 5500,000.00 ....................S�S6rAA 993.75 for the first S 100,000.00 plus S�A9 5.60 for each additional S 1,000.00 or fraction thereof, to and including 5500,000.00 3.05 Page 4 - Ordinance No. $500,001.00 to $1,000,000.00 ..................S�A4 3,233.75 for the first 5500,000.00 plus 54=2� 4.75 for each additionai S 1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up ..........................84;9F�b-:A8 5,608.75 for the first S 1,000,000.00 plus S�-�i 3.65 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: Inspections outside of normal business hours....$4-�AA47.00 per hour� (minimum charge - two hours) Reinspection fees assessed under provisions of Section 108.8 ......................................... S4�A9 47.00 per hour* Inspections for which no fee is specifically indicated ...................................... S4�9A 47.00 per hour• (minimum charge - one-half hour) Additional plan review required by changes, additions or revisions to approved plans ................ 54�,89 47.00 per hour* (minimum charge - one-half hour) �Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checking and inspections, or both ...,.. . . .Actual Costs** Residential Mobile Home Installation..........530.00 Surcharge On Residential Building Permits. A surcharge of $5.00 shall be added to the permit fee charged for each residential building permit that requires a State licensed residential contractor. **Actual costs include administrative and overhead costs. C. Plumbing Permit Fees. (Ref. 901) FEE Minimum Fee .......................$ 20.00 Each Fixture ...................... S 7.00 Old Opening, New Fixture..........$ 4.00 Beer Dispenser .................... S 5.00 Blow Off Basin .................... $ 7.00 Catch Basin ....................... S 7.00 Rain Water Leader .................5 7.00 Sump or Receiving Tank............5 7.00 Water Treating Appliance..........5 10.00 Water Heater-Electric ............. S 7.00 Water Heater-Gas. . . . . . . . .$ 10.00 Backflow Preventer ................$ 15.00 OTHER .............................1-1/2% of value of fixture or appliance 3.06 Page 5 - Ordinance No. Other Inspections and Fees: Inspections outside of normal business hours....S4�AA 47.00 per hour* (minimum charge - two hours) Reinspection fees assessed under provisions of Section 108.8 .......................................... S42:A9 47.00 per hour* Inspections for which no fee is specifically indicated .............................�.........5�4�-AA 47.00 per hour* (minimum charge - one-half hour) Additional plan review required by changes, additions or revisions to approved plans .................542:8A 47.00 per hour* (minimum charge - one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checking and inspections, or both ...... . .Actual Costs * " �*Actual costs include administrative and overhead costs. D. Mechanical Permit Fees. (Ref. 901) FEE (1) Residential Minimum Fee . .....................5 25.00 Furnace ...........................5 30.00 Gas Range ......................... S 10.00 Gas Dryer .........................5 10.00 Gas Piping ........................5 10.00 Air Conditioning ..................5 25.00 OTHER .............................1 % of value of appliance (2) Commercial Minimum Fee .................... ..S 25.00 All Work .........................1.25 % of value of appliance Other Inspections and Fees: Inspections outside of normal business f�ours....54�-AA 47.00 per hour* (minimum charge - two hours) Reinspection fees assessed under provisions of Section 108.8 ......................................... 542:9A 47.00 per hour* Inspections for which no fee is specifically indicated .......................................S4�9A 47.00 per hour* (minimum charge - one-half hour) 3.07 Page 6 - Ordinance No. Additional plan review required by changes, additions or revisions to approved plans ..................S4�AA 47.00 per hour* (minimum charge - one-half hour) �Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. For use of outside consultants for plan checking and inspections, or both ...... . . .Actual Costs * * *' *Actual costs include administrative and overhead costs. E. Electrical Permit Fees. (1) Payment of Fees All electrical inspection fees are due and payable to the City of Fridley at or before commencement of the installation and shall be forwarded with the request for inspection. (2) Fee Schedule Fees shall be paid according to the following schedule: (a) Minimum Fees. (11 ))Residential. Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one (1) inspection only .............$a-6-AA 20.00 . Minimum fee for installations requiring two inspections shall be ................S3A:A8 40.00. (Ref. 901) ((2)) Nonresidential. Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one (1) inspection only .............S�A 25.00. Minimum fee for installations requiring two inspections shall be .............. S4A:99 50.00. (b) Services, changes of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. 0 to and including 200 ................................... S�AA 30.00. For each additional 100 ampere thereof ................... S b-AA 8.00. ampere capacity capacity or fraction (c) Circuits, installations, additions, alterations or repairs of each circuit or subfeeder shall be computed separately including circuits fed from subfeeders and including the equipment served, except as provided for in (a) through (i). 0 to and including 100 ampere capacity .............................. S§,�99 6.00. 3.08 Page 7 - Ordinance No. For each additional 100 ampere capacity or fraction thereof ...................... S 3=A9 4.00. (11)) Maximum fee on a single family dwelling shall not exceed S�b-99 85.00 if not over 200 ampere capacity. This includes service, feeders, circuits, fixtures and equipment. This maximum fee includes not more than four (4) inspections. (Ref. 901) (121) Maximum fee on an apartment building shall not exceed S�8-A9 35.00 per dwelling unit for the first �2A 40 units and S��-88 30.00 per dwelling unit for the balance of units. The fee for the service and feeders in an apartment building shall be in accordance with 2b and 2c of the schedule, and shall be added to the fee for circuits in individual apartments. The maximum fee for an apartment applies only to the circuits in the apartment. A two-family unit (duplex) maximum fee per unit as per single family dwelling. (Ref.901) ((3)) The maximum number of 0 to 100 ampere circuits to be paid on any one athletic field lighting standard is ten (10). (Ref. 901) ((41) The fee for mobile homes shall be in accordance with 2b and 2c of the fee schedule. (Ref. 901) ((5)) In addition to the above fees: ((a1) A charge of Sa-:88 2.00 will be made for each lighting standard. ((b)) A charge of S�:AB 3.00 will be made for each traffic signal standard. Circuits originating within the standard will not be used when computing the fee. ((6)) In addition to the above fees, all transformers and generators for light, heat and power shall be computed separately at 55.00 per unit plus 53.00 per 10-Kilovolt amperes or fraction thereof. �#e ((7)) In addition to the above fees, atl transformers for signs and outline lighting shall be computed at S5.00 per unit .(Ref. 9011 ((8)) In addition to the above fees (unless included in the maximum fee filed by the initial installer) remote control, signal circuits and circuits of less than 50 volts shall be computed at Sb.A9 6.00 per each ten (10) openings or devices of each system plus S��A .50 for each o enin (d) For the review of plans and specifications of proposed installations, there shall be a minimum fee of 5100.00, up to and including 530,000 of electrical estimate, plus 1/10 of 1% of any amount in excess of $30,000 to be paid by persons or firms requesting the review. (e) When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not subject to an appeal pending before the Board or any court, a reinspection fee of 3.09 Page 8 - Ordinance No. $�AA 25•OQ for residential and S�A:�AA 30.00 for nonresidential, may be assessed in writing by the inspector. (Ref. 901) (f) For inspections not covered herein, or for requested special inspections or services, the fee shall be S�A9 32.00 per hour, including travel time, plus S.� .40 per mile traveled, plus the reasonable cost of equipment or material consumed. This Section is also applicable to inspection of empty conduits and such other jobs as determined by the City. (Ref. 901) (g) For inspection of transient projects including but not limited to carnivals and circuses, the inspection fees shall be computed as follows: (Ref. 901) ((1)) Power supply units, according to 26 of the schedule. A like fee will be required on power supply units at each engagement during the season, except that a fee of $�-AA 32.00 per hour will be charged for additional time spent by the inspector, if the power supply is not ready for inspection at the time and date specified on the request for inspection as required by law. (Ref. 901) ({2)) Rides, devices, or concessions, shall be inspected at their first appearance of the season and the inspection fee shall be S�A9 25.00 per unit. In addition to the fee for the power supply units, there shall be a general inspection for each engagement during the season at the hourly rate, with a two hour minimum. In addition to the above fees, inspections required on Saturdays, Sundays, holidays or after regular business hours will be at the hourly rate, including travel time. An owner of a migratory amusement enterprise shall notify the inspector and make application for inspection a minimum of 14 days before its engagement in Fridley. When the inspector is not notified at least 48 hours in advance, a charge of 5100.00 will be made in addition to all required fees. (h) For purposes of interpretation of the provisions of this Chapter, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions, interpretations and scope of words and terms used in this Chapter. (i) In addition to the above fees, the inspection fee for each separate inspection of a swimming pool shall be computed at $25.00. Reinforcing steel for swimming pools requires a rough-in inspection. (3) Minor Repair Work Defined. Minor repair work as used in Minnesota Statutes, Section 326.244 shall mean the adjustment or repair and replacement of worn or defective parts of electrical fixtures, switches, receptacles and other equipment provided that such minor repairs are made in compliance with accepted standards of construction for safety to life and property as defined in Minnesota Statutes, Section 326.243 and do not require replacement of the wiring to them. The City's inspectors or agents may inspect any such minor repairs at the request of the owner or person making such repairs. (4) Condemnation of Hazardous Installations. When an electrical inspector finds that a new installation or part of a new installation that is not energized is not in compliance with accepted standards of construction as required by 3.10 Page 9 - Ordinance No. Minnesota Statutes, Section 326.243 Safety Standards of the Minnesota Electrical Act, the inspector shall, if the installation or the noncomplying part thereof is such as to seriously and proximately endanger human life and property if it was to be energized, order with the approval of the Building Inspector, immediate condemnation of the installation or noncomplying part. When the person responsible for making the installation condemned hereunder is notified, they shall promptly proceed to make the corrections cited in the condemnation order. (Ref. 901) (5) Disconnection of Hazardous Installation: If while making an inspection, the electrical inspector finds that a new installation that is energized is not in compliance with accepted standards of construction as required by Minnesota Statutes, Section 326.243 Safety Standards of the Minnesota Electrical Act, the inspector shall, if the installation or the noncomplying part thereof is such as to seriously and proximately endanger human life and property, order immediate disconnection of the installation or noncomplying part. When the person responsible for making the installation ordered disconnected hereunder is notified, they shall promptly proceed to make the corrections cited in this disconnect order. (Ref. 901) (6) Corrections of Noncomplying Installations. When a noncomplying installation whether energized or not, is not proximately dangerous to human life and property, the inspector shall issue a correction order, ordering the owner or contractor to make the installation comply with accepted standards of construction for safety to life and property, noting specifically what changes are required. The order of the inspector shall specify a date of not less than 10 nor more than 17 calendar days from the date of the order. F. Moving of Dwelling or Building Fee. The permit fee for the moving of a dwelling or building shall be in accordance with the following schedule: For Principle Building into City.........$ 300.00 For Accessory Building into City.........5 42.00 For Moving any building out of City......5 �A:89 20.00 For moving through or within the City....S 20.00 G. Wrecking Permit Fee. (1) For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit shall be based on the cubical contents thereof and shall be at the rate of one dollar and twenty-five cents ($1.25) for each one thousand (1000) cubic feet or fraction thereof. (2) For structures which would be impractical to cube, the wrecking permit fee shall be based on the total cost of wrecking such structure at the rate of six dollars (56.00) for each five hundred dollars (5500.00) or fraction thereof. (3) In no case shall the fee charged for any wrecking permit be less than #f#�eea-�e4�s twentv dollars (S�6:AA 20.00). H. Water and Sewer Fees. (Ref. 901) 3.11 Page 10 - Ordinance No. Hydrant Rental Agreement - Service Charge.. $�6,9A 50.00 (for use of hydrant onlv - Citv does not supplv hose or eauipment) Water Usage ................................ S 1.00/ 1,000 gallons used -Minimum 510.00, Water Taps ................................. S�AA:BA 400.00 plus cost e#-��e�4s Qer square foot for the area to be restored. Street Patch - First 5 sq. yds ..............5300.00 Over 5 sq. yds ......................... S 30.00 per sq.yd. Temporary Street Patch (Nov. 1 thru May 1) First 5 sq. yds ......................... $�9A-AA 400.00 Over 5 sq. yds ...................... S�A 40.00 per sq. yd plus cost of restoration per spuare foot of area to be restored. Water Meter Repair-Weekend & Holidays....... S��A 125.00 Water Connections Permit .................... S�89 25.00 Sewer Connections Permit .................... S 25.00 Sewer O-Dapter ..............................$ 5.00 Inspection Fee for Water/Sewer Line Repair .................................5 �6:�9 40.00 I. Land Alterations, Excavating, or Grading Fees including Conservation Plan Implementation Fees. (Ref. 901, 1012) 50 cubic ya�ds or less ...................... S 40.00 51 to 100 cubic yards ......................5 47.50 101 to 1,000 cubic yards ....................$ 47.50 for the first 100 cubic yards plus S10.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 1 0,000 cubic yards ................. S 1 67.00 for the first 1,000 cubic yards plus 59.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards ...............5273.00 for the first 10,000 cubic yards plus 540.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more .................$662.50 for the first 100,000 cubic yards plus 522.50 for eacF� additional 100,000 cubic yards or fraction thereof. Land Alteration Plan-Checking Fees: 50 cubic yards or Iess .......................No Fee 51 to 100 cubic yards ...................... S�AA 23.50 101 to 1,000 cubic yards ................... S�69 37.00 1,001 to 10,000 cubic yards ................ S�A�98 49.25 10,001 to 100,000 cubic yards .............. S 39TA9 49.25 for the first 10,000 cubic yards plus S�AA 24.50 for each additional 10,000 cubic yards or fraction thereof. 3.12 Page 1 1- Ordinance No. 100,001 to 200,000 cubic yards ............. S�,�A9 269.75 for the first 100,000 cubic yards plus SS:A9 13.25 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more ................ S�A9 402.25 for the first 200,000 cubic yards plus S4-TC�B 7.25 for each additional 10,000 cubic yards or fraction thereof. J. Pollution Monitoring Registration Fee. (Ref. 929, 947) 1. Each pollution monitoring location shall require a site map, description and length of monitoring time requested. (For matter of definition pollution monitoring location shall mean each individual tax parcel.) There shall be an initial application and plan check fee of Twenty Five Dollars ($25). 2. The applicant for a Pollution Control Registration shall provide the City with a hold harmless statement for any damages or claims made to the City regarding location, construction, or contaminates. 3. An initial registration fee of Fifty Dollars (S50) is due and payable to the City of Fridley at or before commencement of the installation. 4. An annual renewal registration fee of Fifty Dollars ($50) and annual monitoring activity reports for all individual locations must be made on or before September first of each year. If renewal is not filed on or before October first of each year the applicant must pay double the fee. 5. A final pollution monitoring activity report must be submitted to the City within (30) days of termination of monitoring activity. (Ref. 961) 206.04. 9A�� INVESTIGATION FEES Shoutd any person begin work of any kind such as hereinbefore set forth, or for which a permit from the Building Code Department is required by this Chapter without having secured the necessary permit therefore from the Building Code Department either previous to or during the day where such work is commenced, or on the next succeeding business day when work is commenced on a Saturday, Sunday or a holiday, they shall, when subsequently securing such permit, be required to pay ��ai� an investiqation fee eaual to the oermit fee and shall be subject to all the penal provisions of said Code. (Ref. 901) 206.05. REINSPECTION FEE 1. A reinspection fee of forty �we seven dollars (S4�-AA 47.00 1 per hour shall be assessed for each inspection or reinspection when such portion of work for which the inspection is called for is not complete or when corrections called for are not made. (Ref. 901) 2. This Section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. 3. Reinspection tees may be assessed when the permit card is not properly posted on the work site, or the approved plans are not readily available for the inspection, or for 3.13 Page 12 - Ordinance No. failure to provide access on the date and time for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. 4. Where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (Ref. 961) 206.06. CERTIFICATE OF OCCUPANCY 1. Except for single family residential structures, a Certificate of Occupancy stating that all provisions of this Chapter have been fully complied with, shall be obtained from the City: A. Before any structure for which a building permit is required is used or occupied. A temporary Certificate of Occupancy may be issued when the building is approved for occupancy but the outside development is partially uncompleted. (Ref. 901) B. Or before any nonconforming use is improved or enlarged. 2. Application for a Certificate of Occupancy shall be made to the City when the structure or use is ready for occupancy and within ten (10) days thereafter the City shall inspect such structure or use and if found to be in conformity with all provisions of this Chapter, shall sign and issue a Certificate of Occupancy. 3. A Certificate of Compliance shall be issued to all existing legal nonconforming and conforming uses which do not have a Certificate of Occupancy after all public health, safety, convenience and general welfare conditions of the City Code are in compliance. 4. No permit or license required by the City of Fridley or other governmental agency shall be issued by any department official or employee of the City of such governmental agency, unless the application for such permit or license is accompanied by proof of the issuance of a Certificate of Occupancy or Certificate of Compliance. Change in Occupancy: A. The City will be notified of any change in ownership or occupancy at the time this change occurs for all industrial and commercial structures within the City. B. A new Certificate of Occupancy or Compliance will be issued after notification. A thirty-five dollar (535.00) fee will be assessed for this certificate. 6. Existing Structure or Use: A. In the case of a structure or use established, altered, enlarged or moved, upon the issuance and receipt of a Special Use Permit, a Certificate of Occupancy shall be issued only if all the conditions thereof shall have been satisfied. B. Whenever an inspection of an existing structure or use is required for issuance of a new Certificate of Occupancy, a thirty-five dollar (535.00) fee will be charged. If it is found that such structure or use does not conform to the applicable requirements, the structure or use shall not be occupied until such time as the structure or use is again brought into compliance with such requirements. 206.07. CONTRACTOR'S LICENSES 3.14 Page 13 - Ordinance No. 1. It is deemed in the interest of the pubtic and the residents of the City of Fridley that the work involved in building alteration and construction and the installation of various appliances and service facilities in and for said buildings be done only by individuals, firms and corporations that haverdancenw'th he appb able codeseof the C tyrof Fr'dleyncy to perform such work in acco 2. The permits which the Building Inspector is authorized to issue under this Code shall be issued only to individuals, firms or corporations holding a license issued by the City for work to be performed under the permit, except as hereinafter noted. 3. Requirements. Application for license shall be made to the Building Code Department and such license shall be granted by a majority vote of the Council upon pcoof of the applicanYs qualifications thereof, willingness to comply with the provisions of the City Code, filing of certificates evidencing the holding of public liability insurance in the limits of $50,000 per person, 5100,000 per accident for bodily injury, and 525,000 for property damages and certificates of Worker's Compensation insurance as required by State law and if applicable, list a Minnesota State Tax Identification number. (Ref. 901) 4. Fee. The fee for each license required by the provision of this Section shall be thirty-five dollars ($35.00) per year. 5. Expiration. All licenses issued under the provisions of this Section shall expire on April 30th, following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration then all rights granted by such license shall cease and any work performed after the expiration of the license shall be in violation of this Code. 6. Renewal. Persons renewing their license issued under this Section after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed. 7. Specific Trades Licensed. Licenses shall be obtained by every person engaging in the following businesses or work in accordance with the applicable Chapters of the City of Fridley. A. General contractors in the business of nonresidential building construction and residential contractors with an exempt card from the State. B. Masonry and brick work. C. Roofing. D. Plastering, stucco work, sheetrock taping. E. Heating, ventilation and refrigeration. F. Gas piping, gas services, gas equipment installation. 3.15 Page 14 - Ordinance No. G. Oil heating and piping work. H. Excavations, including excavation for footings, basements, sewer and water line installations. �. Wrecking of buildings. J. Sign erection, construction and repair, including billboards and electrical signs. K. Blacktopping and asphalt work. L. Chimney sweeps. 8. Employees and Subcontractors. A license granted to a general contractor under this Section shall include the right to perform all of the work included in the generaf contract. Such license shall include any or all of the persons performing the work which is classified and listed in this Code providing that each person performing such work is in the regular employ and qualified under State law and the provisions of this Building Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. Subcontractors on any work shall be required to comply with the Sections of this Code pertaining to license, insurance, permit, etc., for their particular type of work. (Ref. 901) 9. Suspension and Revocation Generally. The City Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this Section, whose work is found to be improper or defective or so unsafe as to jeopardize�life or property providing the person hotding such license is given twenty (20) days notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the legal address of the licensee and they fail or refuse to appear at the said hearing, their license will be automatically suspended or revoked five (5) days after date of hearing. 10. Time of Suspension. When a license issued under this Section is suspended, the period of suspension shall be not less than thirty (30) days nor more than one (1) year, such period being determined by the City Council. 11. Revocation, Reinstatement. When any person holding a license as provided herein has been convicted for the second time by a court of law for violation of any of the provisions of this Code, the City Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one (1) year. � 12. Permit to Homeowner. The owner of any single family property may perform work on property which the owner occupies so long as the work when performed is in accordance with the Codes of the City and for such purpose a permit may be granted to such owner without a license obtained. All rental oropertv Qermits shall be obtained bv licensed contractors 3.16 Page 15 - Ordinance No. 13. State Licensed Contractor's Excepted. Those persons who possess valid State licenses issued by the State of Minnesota shall not be required to obtain a license from the City; they shall, however be required to file proof of the existence of a valid State license together with proof of satisfactory Worker's Compensation and Public Liability insurance coverage. (Ref. 901) 14. Public Service Corporations Excepted. Public service corporations shall not be required to obtain licenses for work upon or in connection with their own property except as may be provided by other Chapters. 15. Manufacturers Excepted. Manufacturers shall not be required to obtain licenses for work incorporated within equipment as part of manufacturing except as may be provided by other Sections of this Code. 16. Assumption of Liability. This Section shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing the above described work for damages to persons or property caused by any defect therein; nor shall the City of Fridley be held as assuming any such liability by reason of the licensing of persons, firms or corporations engaged in such work. 206.08. UTILITY EXCAVATIONS (SEWER & WATER) 1. Permit Required. Before any work is performed which includes cutting a curb or excavation on or under any street or curbing a permit shall be applied for from the City. The Public Works Department shall verify the location of the watermain and sanitary sewer connections before any excavation or grading shall be permitted on the premises. The permit shall specify the location, width, length and depth of the necessary excavation. It shall further state the specifications and condition of public facility restoration. Such specifications shall require the public facilities to be restored to at least as good a condition as they were prior to commencement of work. Concrete curb and gutter or any street patching shall be constructed and inspected by the City, unless specified otherwise. 2. Deposit - Required. A. Where plans and specifications indicate that proposed work includes connection to sanitary sewer, watermain, a curb cut or any other disruption that may cause damage to the facilities of the City, the application for permit shall be accompanied by a two hundred dollar ($200.00) cash deposit as a guarantee that all restoration work will be completed and City facilities left in an undamaged condition. B. The requirement of a cash deposit shall not apply to any public utility corporation franchised to do business within the City. 3. Maximum Deposit. No person shall be required to have more than four hundred dollars (5400.00) on deposit with the City at any one time by reason of this Section; provided that such deposit shall 3.17 Page 16 - Ordinance No. be subjected to compliance with all the requirements of this Section as to all building permits issued to such person prior to the deposit being refunded. 4. Inspections. A. Before any backfilling is done in an excavation approved under this division the City shall be notified for a review of the conditions of construction. B. During and after restoration the City Engineer or a designated agent shall inspect the work to assure compliance. (Ref. 901) 5. Return of Deposit. The Public Works Director shalt authorize refundment of the deposit when restoration has been completed to satisfactory compliance with this Section. 6. Forfeiture of Deposit. Any person who fails to complete any of the requirements shall forfeit to the City such portion of the deposit as is necessary to pay for having such work done. 206.09. BUILDING SITE REQUIREMENTS 1. General. In addition to the provisions of this Section, all building site requirements of the City's Zoning Code Chapter 205 and additions shall be followed before a building permit may be issued. 2. Utilities and Street Required. No building permit shall be issued for any new construction unless and until all utilities are installed in the public street adjacent to the parcel of land to be improved and the rough grading of the adjacent street has been completed to the extent that adequate street access to the parcel is available. 3. Trailer Prohibitions. Except in a trailer or mobile home park, the removal of wheels from any trailer or the remodeling of a trailer through the construction of a foundation or the enclosure of the space between the base of the trailer and the ground, or through the construction of additions to provide extra floor space will not be considered as conforming with the City's Building Code in any respect and will therefore be prohibited. 4. Equipment and Material Storage. No construction equipment and/or material pertaining to construction shall be stored on any property within the City without a valid building permit. When construction is completed and a Certificate of Occupancy has been issued, any construction equipment or materials must be removed within thirty (30) days from the issuance date on the Certificate of Occupancy. 5. Construction Work Hours. 3.18 Page 17 - Ordinance No. It shall be unlawfut for any person or company acting as a contractor for payment, to engage in the construction of any building, structure or utility including but not limited to the making of any excavation, clearing of surface land and loading or unloading materials, equipment or supplies, anywhere in the City except between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays and legal holidays. However, such activity shall be lawful if an alternate hours work permit therefore has been issued by the City upon application in accordance with requirements of the paragraph below. It shall be unlawful to engage in such work or activity on Sunday or any legal holiday unless an alternate hours work permit for such work has first been issued. Nothing in this Chapter shall be construed to prevent any work necessary to prevent injury to persons or property at any time. 6. Alternate Hours Work Permit. Applications for an alternate hours work permit shall be made in writing to the Public Works Director and shall state the name of the applicant and the business address, the location of the proposed work and the reason for seeking a permit to do such work, as well as the estimated time of the proposed operations. No such permit shall be issued excepting where the public welfare will be harmed by failure to perform the work at the times indicated. 7. Safeguards. Warning barricades and lights shall be maintained whenever necessary for the protection of pedestrians and traffic; and temporary roofs over sidewalks shalt be constructed whenever there is danger from falling articles or materials to pedestrians. 206.10. DRAINAGE AND GRADING 1. Investigation. After a building permit has been applied for and prior to the issuance of said permit, the City shall thoroughly investigate the existing drainage features of the property to be used. 2. Obstruction of Natural Drainage Prohibited. No building permit shall be issued for the construction of any building on which construction or necessary grading thereto shall obstruct any natural drainage waterway. 3. Undrainable Lands. No building permit shall be issued for the construction of any building upon ground which cannot be properly drained. 4. Protection of Existing Drainage Installations. A. Where application is made for a building permit and subsequent investigation shows that the property to be occupied by said building is adjacent to a portion of a public road or street containing a drainage culvert, catch basin, sewer, special ditch or any other artificial drainage structures used for the purpose of draining said property and/or neighboring property, the applicant shall specifically agree in writing to protect these waterways in such a way that they shall not be affected by the proposed building construction or grading work incidental thereto. 3.19 Page 18 - Ordinance No. B. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. Stormwater run-off from a developed site will leave at no greater rate or lesser quality than the stormwater run-off from the site in an undeveloped condition. Stormwater run-off shall not exceed the rate of run-off of the undeveloped land for a 24 hour storm with a 1 year return frequency. Detention facilities shall be designed for a 24 hour storm with a 100 year return frequency. All run-off shall be properly channeled into a storm drain wate� course, ponding area or other public facility designed for that purpose. A land alteration permit shall be obtained prior to any changes in grade affecting water run-off onto an adjacent property. 5. Order to Regrade. The City may order the applicant to regrade property if existing grade does not conforrn to any provision of this Section, if the grade indicated in the preliminary plan has not been followed, or if the grade poses a drainage problem to neighboring properties. 206.11. WATERS, WATERWAYS 1. Definition. As used in this Section, the term waters and/or waterways shall include all public waterways as defined by Minnesota Statutes, Section 105.38 and shall also include all bodies of water, natural or artificial, including ponds, streams, lakes, swamps and ditches which are a part of or contribute to the collection, runoff or storage waters within the City or directly or indirectly affect the collection, transportation, storage or disposal of the storm and surface waters system in the City. 2. Permit Required. No person shall cause or permit any waters or waterways to be created, dammed, altered, filled, dredged or eliminated, or cause the water level elevation thereof to be artificially altered without first securing a permit from the City, State or watershed management organization as appropriate. 3. Application for Permit. Applications for permits required by the provisions of this Section shall be made in writing upon printed forms furnished by the City Clerk. 4. Scope of Proposed Work. Applications for permits required by this Section shall be accompanied with a complete and detailed description of the proposed work together with complete plans and topographical survey map clearly illustrating the proposed work and its effect upon existing waters and water handling facilities. 5. Fees. A fee of twenty-five dollars (525.00) shall be paid to the City and upon the filing of an application for a permit required by the provisions of this Section to defray the costs of investigating and considering such application. 206.12. PENALTIES 3.20 Page 19 - Ordinance No. Any violation of this Chapter is a misdemeanor and is subject to all penalties provided fo� such violations under the provisions of Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: Second Reading: Publication: NANCY J. JORGENSON - MAYOR 3.21 MEMORANDUM PLANNING DIVISION DATE: March 11, 1999 TO: William W. Burns, City Manager,nr��^� � FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Variance extension for Blaine Jones, 54 Locke Lake Road On April 8, 1998, The Appeals Commission approved a variance, VAR #98-07, for the property at 54 Locke Lake Road. The owner of the property has requested a one-year e�ension for this variance. As you know, recipients of a variance must commence with their project aivithin one year, or the variance becomes null and void. The City has allowed extensions to this period. To receive an extension the owner must contact the City, prior to the end of that year, and with sufficient time for Council to act on the requested extension. In this case, the owner, Blaine Jones has submitted a written request to have this variance extended until April 8, 2000. RECOMMENDATION Staff recommends approval of an extension for variance, VAR# 98-07, until April 8, 2000. .. .. 4.01 Mr. Scott Hickok Fridley Municiple Center Dear Scott, March 10, 1999 We are requesting a one yeaz extension of variance #98-07 to reduce the front yard setback from 35 feet to 34 feet to allow reconstruction of our garage. This variance was passed by the Appeals Commission on Wed. April 8, 1998, about a month prior to the big storms that went through our azea. Due to all the storm damage that was being repaired last year, we were unable to begin our construction project. In addition, we had to do some redesign of our project in order to get accurate bids. We aze planning to start this project sometime in 1999. Thank you for your consideration. Sincerely, � B aine and Lee Jon s 54 Locke Lake Road Fridley, MN 55432 4.02 Date: 3/11 /99 MEMORANDUM PLANNING DIVISION To: William Bums, City Managerm,�; � From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant - RE: Amendment to the Comprehensive Sign Plan for Menards Plaza M-99-60 INTRODUCTION In 1985, the City Council approved a comprehensive sign plan for the Skywood Mall at 5235 - 5249 Central Avenue. Menards has asked to redistribute the signage, as they are new owners of the building now called the Menards Plaza. SUMMARY Code Section 214.14, requires shopping centers and multiple tenant building 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 1985 Skywood Mall Sign Plan identified sign types and sizes for the motel and businesses that were existing at that time. Since this plan was approved, there has been tumover in tenants and a change in ownership. The proposed sign plan allows the tenants to have signs which meet the square footage allowed by City Code. According to Menards, "each tenant will be allowed that square footage of sign area equal to fifteen multiplied by the square root of that number two less than lineal footage of leased premise frontage". The signs will be back lighted plexiglass and all lettering will be red. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed amendment to the Skywood Mall / Menards Plaza Comprehensive Sign Plan with the following stipulations: 1. Total signage of the West (Front) Elevation shall not exceed 675 square feet. 5.01 Memorandum 2. Any future pylon signs (or changes to existing) shall require a comprehensive sign plan amendment, approved by the City, prior to issuance of a sign permit. 12/22/98 5.02 MAR 01 1999 08�22 FR PROPiADU MENARDS 715 876 2555 TO 16125?11287 P.02�05 SIGN CRITERIA FOR MF.NARD PLAZA TENANT' SPACES Explanation. A. General 1. It is intended that the signing of the stores at Menard Plaza shall be developed and maintained in a consistent, tasteful and amac�tive manner. As of February 26, 1999, the criteria set forth below shall govern. 2. A copy of this signage plan shall be kept on file by the City Planni.ug Departrnent. Pcimits shall be issued only for signs which conform to this plan. 3. Variance from this plan may be granted by the City upon application and justification by the owner. 4. Per separate agreement the south forty (40) feet of the mall frontage shall be reserved for Kelly Inn tenant signage. S. Ihe fiunishing and installation of a sign and all costs incurred shall be the responsibility of the tenant. 6. All signs shall be kept in �ood order and repair by the cenants at each individual tenant's cost. B. Exterior Signage. 1. Tenant signs shall be limited to identifying the name of the tenant only. No product signs shall be allowed 2. It is anticipated that the Menard Plaza shall consist of six (6) tenant spaces. Each tenant shall be allotted a limited number of squaze feet of sign area. This amount of sign area is computed according to th.e criteria established by the City of Fridley, Minnesota, under which each tenant is allowed that square footage of sign area equal to fifteen multiplied by the square root of that number two less than the lineal footage of leased premise frontage. The squaze footage of altowed sign azea for each of the tenant spaces is specified on the attached Exhibit A. A graphic depiction of the location of the sign area for each tenant space is attached as Exhibit B. 3. Tenant signage shall consist of a back lighted panel of plexiglass, lexaa or similaz material and shall be constructed as shown on the signage detail of 5.03 MAR 01 1999 08�23 FR PROPiADU MENARDS 4. 715 876 2555 TO 16125711287 P.03�05 Exhibit B. Letters shall be centered horizontally and vertically on each tenant's sign. No lcttering shall exceed 28 inches in height, nor shall any letter be smatler than 12 inches in height. 5. All letters shall be red in color. Company or business "Logo" size shall not exceed 1/4 of total signagc squarc footage and may consist of several colors. C. Pylon Sign. 1. 2. The landlord reserves the right to maintain the cxisting mall pylon sign. Changes on the pylon sign shall be limited to general maintenance and repair as well as changing copy on existing panels. 5.04 MAR 01 1999 08�23 FR PROPiADU MENARDS 715 876 2555 TO 16125711287 E.�hibit A Tenant Spaee Address Linoal Faet Siqn Area of Frontas�e ISquare Feet) 5249 Central Ave�ue N.E. 100 148 5245 Centrai Avenue N.E. 5241 Central Avenue N.E. 5239 Central Avenue N.E. 5237 Central Avenue N,E. 5235 Centrai Avenue N.E 50 75 50 25 60 5.05 104 128 104 75 116 P.04i05 m N � � < D —a 0 z MAR 01 1949 08�23 FR PROPiADV MENARDS 715 876 2555 T� 16125711287 P.05/05 � � �� . � • O r a Z � � �c ` � � g4 � . � n .v� (J'l N = o � C%i -p N A'� � � -� O � ,A • ��N� •° � Cn , -� O u � ^ 48 � I \ ;; � � • �, �, � � N � N � g � ,p �-P � � �� v W VJ rn = p O c� - N- ��N D � � � O v � � rn N u � � v S 1 0 r . o:N . . y^�W . L �1 � � O � � n � � v � � � .a � Cd F� i S a r� � V� �c TOTAL PAGE.05 '� Date: 3/11 /99 MEMp�NDUM PL ANNING DIVISION To: William Bums, City Manager .,�� • From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant M_99-61 • qmendment to the Comprehensive Sign Plan for 7820 UniversitY RE. INTRODU T�_ ��N rehensive sign plan for 7820 UniversitY In 1984, the City Council approved a corr►p le Pro erty Management has asked to redistribute the signage, as t ey Avenue. Ab P are new owners of the building. Su_ M� MqRY to have Section 214.14, requires shoppi�9 centers and multiple tenant building Code roved by the City• The purpose of this requirement is a comprehensive sign plan app a earance. to assure that centers have a well planned, aesthetically pleasin espand sizes for the The 1984 7820 University Avenue Sign Plan id a{t ha t�me� Since this ptan was restaurant and businesses thate inrtenants and a change in ownership. approved, there has been tumov osed si n plan allows the tenants to have s�9We� that squaretfoot ge of The prop 9 footage allowed by City Code. Each tenant wdl be all fifteen multiplied by the square root the lineal footage of leased sign area equal to le boxes with back lighted lexan facing. premise frontage. Th fe glonal'Iv nyl cutn" sty All lettering wili be pro pLANNING eTeFF RECUMMENDATION mmends approval of the proposed amendme�l no the 7820 UniversitY City Staff reco sti ula Avenue Comprehensive Sign Pian with the following p ture si ns. 1. Property owner will apply for sign permits before installmg fu 9 shall require a comprehensive 2. Any future pylon signs (or changes t{he City, prior to issuance of a sign permit. sign pian amendment, approved by 6.01 ABLE PROPERTY MANAGEMENT IN , C. Commercial • Residential • Office PROPERTY MANAGEMENT Main Event Retail Center 7820 University Avenue Fridley, Minnesota 55433 February 19, 1999 This is a update of the original sign plan for the above mentioned buildin . changes is make the center better looking, more uniform and in complian e with the �t of these ordinance. ity sign 1• The signage near and azound the Main Event Restaurant shall remain as is. It consist Red awning with 3 small tenant signs painted on. The total wall signage is well under s of a amount permissible under City ordinance 214.11 , 5. the 2. The Free standing sign shall remain as is and meets the criteria of ordinance 214.1 1,2 3• The signage for the remaining tenants shall be as follows. A. For each Yenant storefront a"can" style box of no more the 4 feet high b 16 fe and about 1 foot deep shall be provided. The aluminum °`cari'° shall have flouresc nt ba et long lighting and a translucent white lexan fac�, the frame to be painted to match the build' ck Upon the lexan face, the tenants' "copy`� wiil be of cut vin 1 letters and or lo o, ing �m�� signage for each tenant shall not exceed 15 times the squ e root of the tenants' store g The maximum store front of 20 feet the maximum signage would be 67 square feet. However, the ractnc For a for this "can" sign is 45 square feet - well under the allowable. p al limit B. The "copy" of each tenants' si given to the City of Fridley for review for�change b f riep SS ed first by the Landlord and then of cut vinyl and professional in look and content. �' and permit. All signage is to be 4. These changes to the original plan will keep and maintain a professional the center. and attractive look to 5. No other changes or signage will be done without the consent of the City of Fridle 6. A co y py of the original plan is enclosed. Respectfully Submitted Timothy President 9920 ZILLA STREET NORTHWES7 • C�N�DS, MINNESOTf155433 • (612) 754-0743 U � � � � � � � C� � � � � VD � o �° � UUU 6.03 � � � C -,-. c � � � sa' � � fi �r � � r- � C� � r- (D � �7 J � n � � r• N F-' �. O (D � c ro � � n r- O � C 't3 z m c� n n � � �n r- '�C u� ct .A "C � �, a N C P1 �� C1 � � a rri h � -- I Z : C:'� G7 Z m x Cn ---1 Z . � C1� � Z ..G � C � C . � � � � � � � . � � � C � �— � � A � . -'a' s � �. � C � �� n � 3 �. ' � m x cn � z G7 � (/� C�7 z � �� n � �' �'- N I-� � � O (D �" �C � rt � �-'• O .. � C � '� Z K �'�i �'• U1 ct � N w "C cn c�r � w � p�i �'' N �' � � N lQ � N C � � � � ci- � � � � ❑ _ �� S � '� � � N � 3 FC A 6.05 � � � fi fi � �3 I�- � C] � r- (D � � �� n � a' N- N F-' L]. O (D N N C '17 ',C � rt � �- O C "c3 z n n (A ci' r• � lIl ct � : Cn �C � �A Sv W ,'D' ".1' N C� S11 N � � � � � (D N � ct �.. z D Z 'n D U J d � UuU � �D 0 �� D �� C��I� � � �O � V1 � fi cr z � �- � c� � r- CD � �+'1 J 9� �S Oo �' h-'• N 1--� SZ O fD N m � ro � � n �- o z m m �n � � cn w �C �n n .A � � w w N � � C a row � m � � m cu � cr MEMORANDUM DEVELOPMENT DIRECTOR DATE: March� 11, 1999 TO: William Burns Cit Mana er (�`� , Y 9 ,� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: 1999 Residential Recycling Agreement with Anoka County Background: We have now received the 1999 Anoka County Residential Recycling Agreement. This agreement allows us to receive up to $75,198.25 in state SCORE funds from Anoka County to subsidize the cost of our 1999 residential recycling program. This amount is in accordance to the amount we estimated when preparing the 1999 budget last year. The only change to the requirements this year is stricter requirements for promotion of the City's recycling programs in Section 4. We have traditionally been conducting these forms of promotion in the past, so it is not expected to change our 1999 goals and objectives. Recommendation: Staff recommends that the City Council approve this agreement at the March 22 City Council meeting for the City Clerk and Mayor's signatures so that the City will qualify for our first 1999 SCORE payment mid-year. M-99-63 7.01 Anoka County Contract #900239-9 AGREENIENT FOR RESIDENTIAL RECYCLING PROGRAVI THIS aGREENIENT made and entered into on the 12th day of January, 1999, notwithstandin� the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF FRIDLEY, hereinafter referred to as the "MUNICIPALTTY". WITNESSETH: WHEREAS, Anoka County has received $786,018 in fundin� from the Solid Waste Management Coordinatin� Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds"); and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recyclin� programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TER�I. The term of this Agreement is from January 1, 1999 through December 31, 1999, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collecting and prepazing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. 1 7.�2 g. "Yard waste" shall have the meaning set forth in Nlinn. Stat. § 115A.931. 4. PROGRAVt. The Municipality shall develop and implement a residential solid waste recyclin; proaram adequate to meet the Municipality's annual recycling goal of 2,487 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The vlunicipal recycling program shall include the followina components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, jlass, plastic, metal and textiles. ii. The recycling pro�ram shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recyclin� opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community preseptations are to be ;iven on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. iv. The Municipality, on an ongoinJ basis, shall identify new residents and provide detailed information on the recyclin� opportunities available to these new residents. b. If the Municipality s recyclin� program did not achieve the Municipality's recyclin� Qoals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 1999, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORTING. The Municipality shall submit the followin� reports semiannually to the County no later than July 20, 1999 and January 20, 2000: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recyclin� programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the 2 7.03 disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreadin�, to;ether with a description of the methodology used for calculations. Any other material removed from the waste stream by the Nlunicipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality a�rees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BILLING AND PAYNIENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 1999 and January 20, 2000. Costs not billed by January 20, 2000 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eliaible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed �7�,198.25. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recyclin� activities only; and b. $5.85 per household for recycling activities only.. 8. RECORDS. The Municipality shall maintain iinancial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16B.06, Subd. 4, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, includin, the Legislative Auditor or the State Auditor, access to the records of 3 7.04 the Municipality at reasonable hours, including all books, records, documents, and accountin� procedures and practices of the Municipality relevant to the subject matter of the A�reement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENER�►L PROVISIONS. a. In performing the provisions of this AQreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any a�ency or special governmental unit which are now or hereafter promul�ated insofar as they relate to performance of the provisions of this A�reement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, relioion, sex, marital status, public assistance status, sexual preference, handicap, age or national ori�in, be excluded from full employment ri�hts in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality a�rees to take aftirmative action so that applicants and employees are treated equally with respect to the followin�: employment, upgradin�, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. " c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The AQreement between the Nlunicipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality a�rees that the Municipality's employees and subcontractor's employees who provide services under this a�reement and who fall within any job classi�cation established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. e. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly sianed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. 4 7.05 h. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this A�reement is for any reason held to be contrary to law, such decision shall not affect the remainin� portion of this A�reement. NothinD in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by includina the followin� acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12. INDENINIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landiill abatement program approved by the County. 5 7.06 I�1 WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA By: Dan Erhart, Chairman Anoka County Board of Commissioners Date: �.TTEST: John "Jay" NlcLinden County Administrator Date: ppproved as to form and legality: Assistant County Attorney CITY OF FRIDLEY By:_ Name: Title:_ Date:_ Municipality's Clerk Date: ppproved as to form and legality: 1:\CIV A'1"CY�PCFI�-�W'TECH�RECYCL.�CONTRAC7�RECYC99.MRG 6 7.�7 l� TO: WILLIAM W. BURNS, CITYMANAGER �!�� u FROM: RICHARD D. PRl`BYL, FINANCE DIRECTOR SUB.TECT: RECEIVE PROPOSALS AND AWARD CONTRACT FOR THE PURCHASE A NEW TELEPHONE SYSTEM WITH VOICE MAIL DATE: March 17, 1999 The City has again engaged the services of EPIC USA to work with us to acquire a new telephone system. This acquisition has two purposes; the first, is to make it fully Y2K compliant, second, is to allow us to use telephony technologies that become available in the next ten years to enhance customer service. EPIC developed a very detailed set of specifications for our telephone and voice mail systems that was based on a number of ineetings with our staff to insure that the new system would satisfy all needs. The City advertised in the Focus and mailed bid proposals to five vendors. A prebid conference was held in which the specifications were reviewed in depth to avoid any misunderstanding of our requirements. I have attached to this memo the results of the bidding process. It also indicates that the city will be acquiring two telephone switches. One of the switches will be placed off site at the Public Works Garage. This will allow us to provide better customer service by moving calls seamlessly between the two buildings and thus being able to handle customers in a better way. Out of the five vendors that were in attendance at the prebid conference, only two submitted bids. We had a number of the vendor's call and inform us that they would not be competitive in a bid environment and chose not to bid. Of the two bids submitted, Matrix was the lowest compliant bid. Matrix Communications $131,218.00 Collins Communications $213,185.68 Williams Communications No Bid Cady Communications No Bid Fujitsu Business Communications Systems No Bid The 1999 Capital Improvements Budget provides $85,000 for the purchase of a telephone system. We have configured the new system so that, if the contract would be awazded, we will be saving approximately $1,100 per month on telephone operating costs and thus saving $132,000 over a ten-year period. If Council does awazd the contract, we will put together a supplemental budget adjustment that would be presented at a future meeting. Staff is recommending that the City Council accept the proposal submitted by Matrix Communications in the amount of $131,218.00. 8.01 CITY OF FRIDLEY TELECOMMIJNICATIONS RFB Revision - 2/17/99 Collins Equipment Proposed Communications PBX Manufacturer Nortel PBX Model (Municipal Ctr.) Oprion S 1C PBX Model (PW Garage) Option 11C Voice Mail Manfacturer Nortel Voice Mail Model Call Pilot Equipment Pricing Municipal Center PBX $161,287.12 $104,177.00 Voice Mail $31,540.15 $14 580.00 Municipal Center SubTotal $192 827.27 $118 757.00 Matriz Communicatious NEC NEAX 2000 NS - 512 NEAX 2000 NS - 72 Active Voice Repartee CTI, 7.46 PW Garage PBX $31,578.70 $12 461.00 Deductuon of 5% for for Bid Bond $11,220.29 N/A TOTAL EQUIPMENT PRICE with PUBLIC WORKS GARAGE OPTION $213,185.68 $131,218.00 3/17/99 �■O� CITY OF FRIDLEY NEW TELEPHONE AND VOICE MAIL SYSTEM ENHANCEMENTS • All Employees receive Mulri-line Digital Telephones with Display (Municipal Center & PW Garage) - 80 8 button digital phones - 110 16 button digital phones • Fully Year 2000 Compliant • Networking to Public Works Garage (Shared Voice Mail System, Transparent communicatio� to Municipal Center) • ISDN Intelligent Trunking—Automatic Number ldentification (Caller ID) • GUI and LAN Based System Administration • Two Attendant Consoles with Busy Lamp Field for all starions • Recorded Delay Announcements for Main telephone number • Enhanced automated attendant services for after hours call answering and routing. • 2- High Quality Speaker phones for Conference Rooms • Supports latest technologies for future PBX enhancements; - Computer Telephony Integration ("Screen Pop") • Supports latest technologies for future voice mail enhancements; - Unified Messaging/LAN Integration - F� Mail : 1 City of Fridley TO: William W. Burns, City Manager ,�.�1�� (j'i FROM: John G. Flora,�ublic Works Director Jon H. Haukaas, Assistant Public Works Director DATE: March 22, 1999 SUBJECT: Miscellaneous Concrete Curb and Gutter Project No. 322 PW99-048 On Wednesday, February 24,1999, at 11:00 am, bids were opened for the Miscellaneous Concrete Curb and Gutter Project No. 322. Specifications were sent to 11 contractors and seven bids were received. The low bid was submitted by Ron Kassa Construction of Richfield, MN, in the amount of $53,375.00. The 1999 project includes remedial sidewalk and curb repair and replacement in the City whether due to utility repairs or driveway entrance permits. Quantities are estimated based on past years needs plus work projected for 1999. The 1998 contract amount was $52,825.00 and only $45,865.70 was actually completed. Recommend the City Council receive the bids and award the contract for the Miscellaneous Concrete Curb and Gutter Project No. 322 to Ron Kassa Construction in the amount of $53,375.00. JHH/JGF:cz Attachment 9.01 BID FOR PROPOSALS MISCEL CONCRETE CURB & GUTTER PROJECT NO. 322 WEDNESDAY, FEBRUARY 24,1999,11:00 A.M. PLANHOLDER ; BID BOND ' 'BID ' COMMEI�ITS Ron Kassa Construction 5% United Fire & $53,375.00 6005 250th East Casualry Ellco MN 55020 Landmark Concrete 5% Ohio Casualty $54,552.75 18600 Ulysses St NE Insurance Co. East Bethel MN 55011 Halvorson Construction Co 5% United Fire & $60,135.00 1345 157th Ave NE Casualty Anoka MN 55304 Thomas & Sons Construction 5% United First $64,312.50 13925 Northdale Blvd Casualty Rogers MN 55374.0303 Curb Master Inc 5% Capitol $69,125.00 500 West Poplaz St Indemnity Corp Stillwater MN 55082 Nadeau Utility Inc. 5% American $69,256.25 20005 Highway 81 Institute of Architect Maple Grove MN 55311 Gunderson Bros Inc 5% Capitol $73,825.00 2325 Snelling Ave Indemnity Corp Minneapolis MN 55404 Independent Curb NO BID 1111 Highway 25 Buffalo MN 55313 Lindahl & Carlson NO BID 442 Bush Ave St Paul MN 55101 Schmidt Curb Company NO BID 13195 95th St Elk River MN 55330 � Standazd Sidewalk NO BID 29635 Neal Ave 9.02 City of Fridley TO: William W. Burns, City Manager FROM: John G. Flora, Public Works Director Jon H I-�ukaas, Asst Public Works Director DATE: March 22, 1999 SUBJECT: 1999 Street Improvement (Sealcoat) Project No. ST. 1999 - 10 PW99-O50 On Wednesday, February 24, 1999, at 10:00 am bids were opened for the 1999 Street Improvement (Sealcoat) Project No. ST. 1999 - 10. Plans and specifications were sent to six contractors. Three bids were received. The low bid was submitted by Bituminous Roadways of Minneapolis, MN, in the amount of $210,327.74 which included all of Area 2 as scheduled plus those streets in Area 1 not part of the Riverview Heights project area. In the 1999 Street Capital Improvement program there is $160,000 budgeted. Due to the difference in the bid amount and the amount budgeted, only Area 2, as originally scheduled, can be done at this time. The lessened area at the unit bid prices reduces the contract amount to $163,131.28. This is within the 25% reduction allowed by statute. The Contractor has agreed to the change. Recommend the City Council receive the bids and award the contract for the 1999 Street Improvement (Sealcoat) Project No. ST. 1999 -10 to Bituminous Roadways and approve Change Order No. 1 to reduce the contract to the amount of $163,131.28. JHH/JGF:cz Attachment 10.01 BID FOR PROPOSALS STREET IlVIPROVEMENT PROJECT (SEALCOAT� PROJECT NO. ST. 1999 -10 WEDNESDAY, FEBRUARY 24,1999,10:00 A.M. ' '' ' `; ' ' CC�MI�IEF�I'S ` PLA1�ifIQLI�ER : BID BQ1�I}: : BID ,;;: ; _. Bituminous Roadways United Fire & $210,327.74 2825 Cedar Ave So Casualty Minneapolis MN 55407 Allied Blacktop CNA $213,385.0� 10503 89th Ave Maple Grove MN 55369 ASTECH Corp Employers Mutual $228,422.59 P O Box 1025 Casualty St Cloud MN 56302 American Tra�c Mazking & Signing NO BID 11597 Mud Lake Ave Little Falls MN 56345 Caldwell Asphalt Co NO BID 24060 175th St NE Hawick NIN 56246 Fahrner Asphalt NO BID P O Box 95 P lver WI 544 7 10.02 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 IJTTIVERSITY AVENUE N.E. FRIDLEY, MN 55432 March 22, 1999 Bituminous Roadways 2825 Cedar Ave South Minneapolis MN 55407 SUBJECT: Change Order No. 1, Street Improvement Project (Sealcoat) Project No. ST. 1999 - 10 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 1999 Street Improvement Project (Sealcoat) Project No. ST. 1999 - 10 by deleting the following work: Deletions: Item 1. Sealcoat with FA-3 Aggregate 2. Sweep before sealcoat 3. Double sweep after sealcoat 4. 30 in. x 30 in. loose rock signs TOTAL CHANGE ORDERS: uanti 84,394 SY 84,394 SY 84,394 SY 13 each Price 0.50 0.01 0.042 47.00 Amount 42,197.00 843.94 3,544.55 611.00 TOTAL DELETIONS . . . . . . . . . . . . . . . . . . . . $47,196.49 Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $210,327.74 Contract Additions - Change Order No.l ........................................ 47,196.49 REVISED CONTRACT AMOLJNT $163,131.25 10.03 Bituminous Roadways Project No. ST. 1999-10 Change Order No. 1 Page 2 Submitted and approved by John G. Flora, Public Works Director, on the 22nd day of March, 1999. Prepared by Checked by John G. Flora, P.E. Director of Public Works Approved and accepted this day of , 1999 by BITUNIINOUS ROADWAYS Thomas Haller Approved and accepted this day of , 1999 by CITY OF FRIDLEY Nancy J. Jorgenson, Mayor William W. 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J - - �'=— -- f� � �,�: � :� . , • _ —' , � �' � � -.: — MEMORANDUM TO: WILLIAM W. BURNS, CITY MANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, MANAGEMENT ASSISTANT SUBJECT: YEAR 2000 (Y2K) EMERGENCY RESOLUTION DATE: MARCH 18,1999 Attached is an emergency resolution for the purchase of five PTO generators in our Sewer Division. The cost of the generators is $33,000 which includes trailers. In reseazching these particular generators, suppliers have warned us that these are a populaz product for Y2K fixes and that demand will surely exceed supply. This is why we are invoking our right to purchase these generators using the emergency resolution option outlined in state statute. This option allows us to purchase products without going through the time-consuming public bidding process. We have received cost information from three manufacturers who still have generators to sell and believe that we have secured the most competitive price. Information on other Y2K expenses will be coming your way in the next month after we have completed additional research. None of the other purchases are quite as time sensitive as the PTO generators. We recommend that you present this information to Council on March 22 so that we may order the PTO generators as soon as possible. 11.01 RESOLUTION NO. - 1999 A RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA BY WHICH IT FINDS THAT AN EMERGENCY EXISTS REQUIRING THE PURCHASE OF $IX POWER GENERATORS WITHOUT PUBLIC BID IN ORDER TO SAFEGUARD THE OPERATION OF THE MUNICIPAL SEWAGE SYSTEM IN THE YEAR 2000 WHEREAS, the City of Fridley, Minnesota, is a municipality located within the State of Minnesota and is governed under the laws thereof, as well as the provisions of its own City Charter; and WHEREAS, the City of Fridley has conducted an extensive study of its operating systems as part of a risk assessment program associated with the League of Minnesota Cities that has focussed on the potential problems associated with the transition of certain critical systems at the commencement of the year 2000; and WHEREAS, as the result of its study, it has determined that there is some risk associated with the maintenance of its sewer system, in particular if the electrical systems on which that system relies fail; and WHEREAS, the operation of the City's sewer system is a critical municipal function, vital to the ongoing health and safety of the citizens of the City of Fridley; and WHEREAS, the City has found that the potential problem in its sewer system can be minimized by the purchase of six "portable" generators that would provide an alternative source of electrical energy to the six, key pumping stations in the sewer system within the City of Fridley; and WHEREAS, the City of Fridley's potential problem is one shared by many other municipalities in the Twin City Metropolitan area and elsewhere; and WHEREAS, as the result of this common need, a shortage of power generators is occurring in the marketplace; and WHEREAS, a failure on the part of the City of Fridley to purchase the generators that it needs in order to protect the public safety in the event of a power failure to its sewer system could result in an exceptionally serious public health and safety problem; and WHEREAS, six generators are currently known to be available from a vendor at a price of $33,000, which, based on the City of Fridley's own independent investigation into the matter, represents a fair market value for those items and is not, in any way, an exceptional price or a mark-up from earlier prices resulting from the greater demand; and 11.02 WHEREAS, Minnesota Statutes 471.345 require the City to bid for equipment such as the aforesaid generators, in the usual conduct of its business, but, as interpreted by the Minnesota Attorney General, allows an exception in cases of emergency; and WHEREAS, Minnesota Statues 471.36 further allows the City to avoid the requirements of Minnesota Statutes 471.345 in instances involving noncompetitive types and kinds of equipment; and WHEREAS, the City of Fridley finds that if the available generators are not immediately purchased and the usual statutory bidding process is followed, these generators will be purchased by some other buyer and that no other units will be available for purchase by the City in the time necessary to protect its citizens from the potential problem to its sewer system; and WHEREAS, the City of Fridley hereby finds that the current market for portable generators of the type needed by the City is no longer competitive and it is unlikely that the City would receive any bids for generators after following the statutory bidding process. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Fridley declares an emergency to exist requiring waiver of the statutory requirements of Minnesota Statutes Section 471.345 with respect to the purchase of six generators to serve as portable, backup power sources for the six major sewer pumping stations located within the City. 2. That the City of Fridley finds that a noncompetitive situation exists for the product of portable power generators of the sort required by the City within the meaning of Minnesota Statutes Section 471.36. 3. That, based on the foregoing, the City staff of the City of Fridley is immediately authorized, on an emergency, noncompetitive basis, to purchase for the price of $33,000, a total of six power generators to serve as backup power sources for the sewer lift stations in the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF MARCH, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 11.03 � � GT'Y OF FRIDLEY CLAIMS MARCH 22, 1999 CLAIMS 85870 - 86303 12.01 � � GT'Y OF FRIDLEY Type of License � CIGARETTE Sam's Club #6310 8150 University Avenue NE Fridley, NIN 55432 FOOD LICENSES MARCH 22, 1999 Ashland Station/Totem Foods 4635 Central Avenue NE Fridley, MN 55421 LAWFUL GAMBLING (TEMPORAR� Fridley Golden Lions Barney Buss 6085 Seventh Street NE Fridley, MN 55432 MANAGERIAL LIQUOR-DISPENSING LICENSE Stuart Anderson's Cattle James Robert Borton 181 - 83rd Avenue NE Fridley, MN 55432 RETAIL GASOLINE SALES Ashland Station/Totem Foods 4635 Central Avenue NE Fridley, MN 55421 Approved By: Police Department Fire Department Planning; Inspection Police Department Fire Department Police Department Fire Department Police Department Police Department Fire Department Fees: $ 125.00 $ 45.00 Request Fee Waiver $ 10.00 $ 60.00 . �__,•� a LICENSES MARCH 22, 1999 GENERAL CONTRACTOR-COMMERCIAL Allegro Bldg & Design Inc 8209 Georgia Court ' Brooklyn Park MN 55445 Adam Denny Crandall Rollin Construction 10501 Cedar Lake Rd #219 Minnetonka MN 55305 Gary Anderson Crowe Michael Inc 23 4 St SE Minneapolis MN 55414 Michael Crowe Garlock French Roofing 2309 Snelling Ave Minneapolis MN 55404 Karl or Lisa GENERAL CONTRACTOR-RESIDENTIAL Homes Plus Remodeling (20064749) 5730 Quam Ave NE Rogers MN 55374-9032 Kathe Jones HEATING Westair Inc 11184 River Rd NE Hanover MN 55341 Joseph Lynch PLUMBING Norseman Plumbing 2945 165 Ln Anoka MN 55304 Brad Becklin Plumm Inc 4915 W 35 St St Louis Park MN 55416 Leonard Hovde RON JULKOWSKI Building Official Same Same Same STATE OF MINN RON JULKOWSKI Building Official STATE OF MINN Same � ` CfTY OF FRIDLEY Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 ESTIMATES MARCH 22, 1999 Services Rendered as City Prosecuting Attorney for the Month of December, 1998 ........................................... $ 15,603.75 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of January, 1999 .............................................. $ 18,840.80 14.01 I�� / \ � � � �i � PLANNING DIVISION DATE: March 12, 1999 TO: William W. Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator RE: Holiday Special Use Permit Review Dave Hoeschen, Holiday Companies has contacted staff and requested time to prepare additional information, prior to having his special use permit request appear on the City Council agenda. The item was scheduled for Council consideration on March 22, 1999. However, Mr. Hoeschen stated, As a result of fhe unfavorable recommendation by the Fridley Planning Commission on 3/3/99, we wish to evaluate our proposal. We do not believe this evaluation will be completed in time for our scheduled appearance before the Fridley City Council. I have included a copy of Mr. Hoeschen's letter. Please note that Mr. Hoeschen � recognizes that with this request, he waives his right to have the item acted upon within 120 days in accordance. As a result of Holiday's request, an April 12, 1999 City Council date has been set for consideration of this item. A letter has been sent to notify those on the City's mailing list of the April 12, 1999 meeting date. ATTORNEY'S RECOMMENDATION Staff contacted the City Attorney regarding this issue. Fritz suggests that the City keep the item on the agenda, open the hearing to receive Dave Hoeschen's letter and to announce the request for continuance until April 12, 1999. This will create a formal record. M-99-67 15.01 MAR-12-1999. 08�43 hO�IDAY 612 830 167� P.02i0� HOIIda,/ �ompan�es . GCv. cii i u.i .�� 6: WFti'f W11h STIIEET / MM� /1I7UH1 S\: Il<). Ill IX 1 y: J MINN[�{Ir?U�. Mdl �:)ddll ! PI I. 412.It Itld171N1 / I•di fA :'.NSQ.i1Nh•1 f Cfltit f1fryCG :%(II W. l)lU )HAXO!'Ff RtI. / Mntl �DORCSS: P.17. OOx 12t4.�tlNw�,1NV115. MN SSddU/fM. L�1•1_I�f.1�Hl / 1,\x h17.n1rt.:7��5 Oirect Dial' 612/830-8727 Fa�C 612/E3a167a E-mal: dhoesehe@holideyco.00m March 11, 1999 VIA FACSIMILE 612/571-1287 Scott J. Hickok Planning Coordinator City of Fridley Fridley Municipal Cente� 6431 University Avenue NE Fridley, Minnesota 55432 RE: 5695 Hackmann Avenue, Fridley, Mirtnesota ST-99-0'f Dear Mr. Hickok: This letter is sent as a follow-up and to confirm our telephone conversation regarding our request for a Special Use permit required for the construction of a Holiday Stationstore at the above location. As a result of the unfavorable recommendation by the Fridley Planning Commission on 3/3/99, we wish to evaluate our proposal. We do not believe this evaluation will be completed in time for our scheduled appearance before the Fridley Cify Council. Accordingly, we are requesting that the City Council delay taking action on our Special Use pe�mit application until we have had time to do our evaluation. We understand our request will not allow the city to meet its obligations under the AGENCY ACTION LAW (State Statute 15.99), however, by means of this letter we waive our rights afforded us under this statute if the city grants us our requested delay. Please confirm to us that the City Council will delay action on our Special Use permit application until a later to be determined date. Thank you for your help in this matter. Sincerely, HOLIDAY STATIONSTORES, INC. � / C?.�!�� . David D. Hoeschen Director of Real Estate DDH/bms28 cc: Paul Bolin j, , ' �^ �. l •��d, �. �: ��-�- �, . G � . TOTAL P.az MEMOR.ANDUM PLANNING DIVISION Date: 3/11 /99 To: William Bums, Ci Mana er �� tY 9 .�! From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Appeals Commission action on Variance #99-01 M-99-62 INTRODUCTION The City of Fridley has been asked, by Mr. & Mrs. Abraham Nichols, to grant a variance allowing them to store their travel trailer on their paved driveway. Staff identified site characteristics that do not allow the petitioners to park in the side or rear yard. However, Staff made no recommendation on this variance request as it was similar in nature to recent Council action. APPEALS COMMISSION ACTION At the March 10, 1999 Appeals Commission meeting, a public hearing was held for VAR #99-01. A motion was made to deny the requested variance, in order for the City Council to take action on this issue. The Appeals Commission denied the request on a 5-0 vote. The Commission does not believe that campers should be stored on the driveway when off site storage is readily available in the Fridley area. The consensus was that the City Council needs to establish a policy on this issue and change the appropriate ordinances. PLANNING STAFF RECOMMENDATION As long as camper storage is regulated by the zoning code, the citizens of Fridley will continue to have the option to request a variance based on unique circumstances. Staff will initiate an ordinance change pending the results of the Council and Commission survey questions regarding this issue. 16.01 City of Fridley Land Use Application VAR-99-01 March 10, 1999 GENERAL INFORMATION SPEC[AL INFORMATION Applicant: Abraham & June Nichols 6949 Hickory Dr. NE Fridley, MN 55432 Requested Action: Variance Purpose: To pazk a travel trailer on blacktop driveway rather than th� side or rear yard. Existing Zoning: Residential - 1 Location: 6949 Hickory Drive Size: 30,000 square feet .69 acres Existing Land Use: Single Family Home Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Locke Lake W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.06.B.(2), requires travel trailers to be stored in the side or reaz yazd. Zoning History: Zoned R-1, home built 1957. Legal Description of Property: Lot 25 Block 1, Ostmans 3rd Addition Council Action: 3/22/99 Public Utilities: Home is connected. Transportation: Home is accessed by Hickory Drive, there is no alley. Physical Characteristics: Lot has steep grade from the sides of the house down to the rear yard. Lot is well landscaped and designed to prevent erosion of the slopes. SUMMARY OF PROJECT The Nichols are seeking to store their travel trailer in their paved driveway. The slopes in their side and rear yazd do not allow the trailer to be pulled into the side or rear yard. S�Y OF HARDSHIP "our lot does not allow us to utilize either side yard or the back yard ". (Full letter attached) SI;�MMARY OF ANALYSIS City Staff has no recommendation on this variance request. While there are topographical features which prevent side or rear yard storage on this property and others in the area, the City Council has indicated in a similaz request (VAR 98-40) that off-site storage is an option negating hazdship caused by topography. Staff Report Prepared by: Paul Bolin 16.02 VAR-99-01 HARDSHIP STATEMENT "With reference to the location of said trailer, our lot does not allow us to utilize either side yard or the back yard....we might end up in Lock Lake. Both of our side yards do slope sharply and one side does have stairs and large flower boxes with tulips in the spring." (full copy attached) -Mr. & Mrs. Abraham Nichols ANALYSIS Section 205.07.06.B.(2) requires that 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. Due to steep slopes and large evergreens on the property, there is no possible way to put the travel trailer in the side yard. There is no alley behind the home to access the rear yard. Due to the large trees on the lot, the travel trailer is fairly well screened from all neighbors but those directly across the street. 16.03 (�) (3) (2) ((1) �ew from street of travel trailer; (2)View of large tress preventing access to steep slope on West side of property; (5) .�i . The above pictures demonstrate the limitations placed on side yard storage, due to the physical characteristics of the Nichols' yard. The pictures also illustrate how the travel trailer is partially screened due to the large trees found at the site. As is the case with all trailers, off-site storage is an option. When a similar case was reviewed by the Appeals Commission and City Council this past January it was determined that the availability of off-site camper storage negates any hardship produced by topographic features. RECOMMENDATIONS City Staff has no recommendation on this variance request due to the fact it is similar in nature to a recent appeal. The topographic features found at the site clearly prevent the . 1 � Nichols from accessing their side yards for storage. On this property, large trees on the east and west sides of the property do provide some screening of the travel trailer as it is parked in the driveway. STIPULATIONS If approved by the appeals commission, staff recommends the following stipulations be attached: 1. Petitioner shall continue parking travel trailer on paved surFace. 2. Petitioner shall continue parking towing vehicle in garage when not in use. 3. Variance shall become null and void once Mr. 8� Mrs. Abraham Nichols sell the property or move from the home. 16.05 � Z W � w J , � City of Fridley Community Development Department Variance Notification � . � r�� ..:. � � � � J� Y� � r � �... . // �R t- one r-an;y units 1�2 - Two Fartily Units Q R3 - General M�Itiple Urtits � R-4 - MoEile Hane Parle � Puo - Rarr,ed u,a ae,reloar�t � S2' ��er't Distrid Q G1- La�l 8usir� G2 - C,eneral Busir� � G3 - Ger�er'al StbPP��B � c.R� - c� a� ( u� i . i � ��t...0 nrenc n+w�[ � u � `� `- _�� . A � ; ��*9. a �-pr?"fs F:'`: � � I Q AM� - L.i9ht Industrial � �2-�� M3 - Irtensire Fleavy I�datrial ��'� F�'�'� Variance Request, VAR #99-01 � �a-�i�s 6949 Hickory Drive /�/ � � tat Lir�e.s vu� r-�ues Abraham & June Nichols 16.06 , - - - _ - - N s°"'°es: Fridey Plarrring Fridley GIS ��p� / � � �! �� h �� "" -a ` r `L.r' � _�-r, � �, ._ ! � ; � ._,�`: ; ,,, �; t �� ;F r" � ��4} -- � ;,, � �i �� , .'�� .��;� ��''� �.�. � � �� .(v . � ,L � r �� .� ; � 1. � � � :,. t', �;; � ., \ w�` , � � 1 ��, ; i t i � i �i j�, ) 3 i 2 !l ! : t a i � e t /, f J _ / �7 � ` �, j �\ L,- S' �i �'Yy.- r � %% --� / : •.�' Cr •� "t lj 16�o f ,� t. " �' -. � � i i �1 �: t "-i ':.- � '7 �� i `—�` .r; , �_� : -�_ �� , . W�., � �� i � �:�"/� �-�: ��. �i ` t, ..�s ` t� �! !��'A1! s . r . -'P,. -�- �-,.r..- , o' r �y> �� . -:.�.-� �< - `"—'v- s.--� � l�?- ti '�S f � ; '� �� ---�_. ; Y�-G-�' ='f-- "! t:" `�c..i� ,' �? . ��.,.-�.,r='�.^; .� � i_ � �' March 5, 1999 Attn: Scott Hickok - Planning Coordinator Paul Bolin - Planning Assistant Regards: Case Number — VAR #99-01 Applicant: Abraham and June Nichols 6949 Hickory Drive Fridley, MN 55432 I will not be able to attend the Appeals Commission Meeting to be held on March 10, 1999 at 7:30 p.m. in regazds to the above case number but will "agree" to the variance under the following 2 conditions. If either condition is not met, then consider my vote "No" on the variance. Condition 1 The variance will terminate with the sale or transfer of the land to another party. This is to say that the variance is for the cunent owner only and will not remain with the land. Condition 2 The variance is for the current Airstream travel trailer # 21112 only. Any other trailer parked in front of the house will be considered to be in violation of the variance. Sincerely, �2�2 � `�,�� Terry Wood 6971 Hickory Circle Fridley, MN 55432 (612) 5749976 16.08 March 8, 1999 Fridley City Council RE: Abraham Nichols Air Stream parked at 6949 Hickory Drive Our family moved to 6957 Hickory Circle in Fridley in 1972. Since that time, Abe and June Nichols have parked their Air Stream in their driveway right next to our property when not in use. They have recently been informed that there is a city ordinance which prohibits them from parking it in their driveway as they have been doing for over 26 years. We are the neighbors located closest to where their Air Stream is parked, and if we do not have a problem with it being there, then why is the Fridley City Council suddenly so concerned? We understand your desire to prevent the clutter that sometimes collects on people's property, but the Nichols' Air Stream is clean and neatly parked on the side of their driveway. In addition, there is really no other place where they can store it. Their home is located on the side of a hill which makes parking in the backyard impossible and they do not have another location available to them. We feel that Abe and ,June Nichols should be granted the variance that they have applied for recently. It seems fair that since they have parked their Air Stream in that location for 30 years, they should be "grand-fathered"' on this issue for as long as they continue to live at this address. Hopefully, the Fridley City Council can find some way to resolve this issue without forcing a quiet retired couple to give up something of such personal value. Thank you for your concern in addressing this issue. Sincerely, � Q�l- �y /�c..�� Chuck and Lucy Rieland � / 695 7 Hickory Circle 5 71-9661 16.09 March 6, 1999 To: Scott Hickok and/or Paul Bolin This is regarding the variance (VAR #99-01) of Abe & June Nichols travel trailer. Where Abe & June are parking their trailer is the perfect spot for their yard. It is parked on a concrete parking area along side the driveway. It seems to us that it's 'rmpossible for them to park it in the back yard (lakeside) because of the hill, and virtually impossible on the side yard because of lack of space. The Nichols have had an Airstream parked there as !or.g as u�e car. remember (30+ years). ��Ve see no reascn why that shoutd cl�ange. Food for thought: Often people living on a lake refer to the lakeside of their house as the front yard. .. Thank you, � David A. Berry - Karen J. Holdgrafer-Berry - - 6965 Hickory Cir. NE - Fridley MN 55432-4123 16.10 � �I I � '' /G. �% , � �� ` , ;"� � ..v+r`�y[:"� _____ — _ 3� _l�� i + vv-. /= r =!� -_r - -°--"-----�' ---- � -�-------- � Q�,,e ��G � 3 / U ----- _ _ __' ___ � " _,_ �� s_s_- � 3. Z _- - - --- - - -- --- --- -- - - - - -.-_ ___ ----- --- --- _ _ _________ � � �� - --- ----- ---- - ---- �, --- -- --- -- ___. _ _ .--- --.- - _ � ___ -_ � ��-e-_ _ -_---.__-. ------ --------- - ° - ��. i <<�,c�✓' �' �' � - D% .,.--- _-- _ __ .- , ' � -------- � -_ _.� _--- - �--`�� _ �5��- � � ..---.----%� ---_------ � - - ; ...=..� �,�.__ _ __ _ _ - � -�- - - , _ - �'°`�"� - � . � __.__.________--�_ ��- _--__ _ _ �____. � _ � --__ ---- --.1.-- - _______._ ____ _ ____ _ _ i �. � ;; � ;_ � :: . . ._,:_.�: . - / � J � �// � � , i � �, � � �� _.. _�_ �------ � z.S �� ' �� _ _ -- -----_� , -- - i�'� - s� f`3z __ —__ ��,� s ��- �s-�-� 16.11 --- -- _ _-- _____ TO: FROM: DATE: SUBJECT City of Fridley William W. Burns, City Manager� �"'� John G. Flora, Public Works Director Jon H. Haukaas, Assistant Public Works Director March 12, 1999 1999 Street Improvement Project No. 1999 - 1: Riverview Heights PW99-049 , On Friday, March 19, 1999, we will be opening the bids for the 1999 Street Improvement Project No. ST. 1999 - 1 for the reconstruction of the Riverview Heights area. Eight contractors have received plans and specifications thus far with several more lazge firms expected to look at it prior to the bid opening. $2.2 million has been identified in the 1999 Street Improvement budget for this project. We can expect to receive approximately $400,000 to $500,000 in assessments plus approximately $700,000 in off-system State Aid reimbursement. OSM's engineers estimate with a 10% contingency factor came in at $2.56 million. With the eazly bid process we expect to receive very competitive prices. We expect to present the low bid with a recommendation for award to the Council at the Monday, March� 22, 1999, City Council meeting. - JHH/JGF:cz 17.01 . # . City of Fridley TO: William W. Burns, City Manager FROM: John G. Flora, Public Works Director Jon H. Haukaa.s, Assistant Public Works Director DATE: March 22, 1999 SUBJECT: Riverview Heights Area Improvement Project No. ST. 1999 - 1 PW99-060 At 10:00 am on Friday, March 19, 1999, bids were opened for the Riverview Heights Area Improvement Project No. ST. 1999 - l. Ten bids were received out of 19 major planholders. The low bid was received from Park Construction of Fridley, MN, in the amount of $1,969,634.75. The estimated cost of this project ranged from $2.2 to $2.6 million. Recommend the City Council receive the bids and award the contract for the Riverview Heights Area Improvement Project No. ST. 1999 - 1 to Park Construction in the amount of $1,969,634.75. As a result of the low bid we propose to review the option of raising the water line along 79r'' Way and Riverview Terrace to preclude future maintenance issues resulting from the waterline's increased depth. If this is appropriate, we will be submitting a change order for this work. JHH/JGF:cz Attachment � •� C��L� 11;: lJ ■=I FRIDLEY CITY COUNCIL MEETING OF � MARCH 22, 1999 CITY OF FRIDLEY INFORMAL STATUS REPORTS � : � MEMORANDUM TO: WILLIAM BURNS, CITY MANAGER FROM: WILLIAM CHAMPA, MANAGEMENT ASSISTANT BRIAN STRAND, VIDEO SPECIALIST DATE: MARCH 22,1999 RE: PUBLIC ACCESS RFP We feel that the members of the CATV and Telecommunications Commission did an admirable job in reviewing the proposed RFP for Public Access Providers. They caught some things that we had overlooked like specifying the length of the agreement. One of the greater changes made by the Commission to our original RFP was the removal of the residency requirement. There are advantages and disadvantages to keeping the requirement. Fritz Knaak's comments are attached. In addition, we are attaching a summary sheet of public access providers and their position on residency requirements. If Council chooses to keep the residency requirement, we will, most likely, see a decline in use at our public access facility. This has certainly been the case in the first two months of operation by Paragon Cable. In allowing only residents and those completing projects to use the facility, we have produced four programs for viewing. Three of those programs are produced by non- residents who had started their projects prior to our interim residency requirement. Once the year-long contract is awarded in June, all on-going projects should be completed. What this means is that if Council keeps the residency requirement, 37 hours of service, as suggested by the CATV Commission, might be too much. (CATV recommended the following hours based on NO residency requirements: Tuesday — Friday: 2:00 p.m. - 9:00 p.m.; Saturday: 9:00 a.m. - 6:00 p.m. - or as arranged). Clearly, the hours of service and residency requirement are issues to be resolved by the CATV Commission and the Council. We only want you to be aware of the correlation between the two issues. � TO: FROM: C.A.T.V. COMMISSION MEMBERS WILLIAM W. BURNS, CITY MANAGER WILLIAM A. CHAMPA, MANAGEMENT ASSISTANT SUBJECT: RESIDENCY REQUIREMENTS AND PUBLIC ACCESS DATE: FEBRUARY 16, 1999 Here are comments from City Attorney associated with public access. Although requirement (see attached survey), Mr. consider. Here are Mr. Knaak's thoughts: Fritz Knaak regarding residency issues several communities enforce a residency Knaak offers some contrary thoughts to After a careful additional review of the applicable provisions of Minnesota Statutes Section 238 1 have concluded that: It is true that the law requires that access to the public access channel or channels provided for under a franchise agreement (a legally required feature of such agreements) must be provided for "the general public on a first-come, first-served, nondiscriminatory basis...." It is unclear, in the language of the statute, whether "general public" can be limited to the general public residing within the cable viewing area. While that might be a reasonable interpretation, in light of the language in the statute that focuses.almost entirely on local franchise controls, conservative legal advice would suggest that the language is sufficiently ambiguous to require the City to make the channel available to persons outside of the viewing area, as well. It does, however, allow the City to charge reasonable fees for the use of its production facilities for that access, if required. (Mn. Stat. Sec. 283.084, subd.3(a)(1) Moreover, nothing in the statute restricts in any way the City's authority to establish a governing structure for the use of those productions facilities, including any residency requirement for membership on a governing board. Map Information Map Area Access Provider Run By Citys 1. S.W. Community Television: Cable Company run (Paragon). 5 cities—Hopkins, Edina, Richfield, Eden Prairie, and Minnetonka. Residency required. 2. N.W. Community Television: Commission run. 9 cities—Maple Grove, Osseo, Brooklyn Park, Brooklyn Center, Crystal, Robbinsdale, Golden Valley, Plymouth, and New Hope. Residency required. 3. Quad Cities: Commission run. 4 cities—Anoka, Andover, Ramsey and Champlin. No residency required. 4. Neighborhood Community Television: Commission run. 7 cities—Lino Lakes, Lexington, Circle Pines, Centerville, Ham Lake, Blaine, and Spring Lake Park. No residency required. 5. C TV North Suburbs: Commission run. 10 cities—Roseville, New Brighton, Mounds View, Shoreview, Falcon Heights, Arden Hills, Little Canada, St. Anthony, Lauderdale, and North Oaks. No residency required. 6. Ramsey Washington County Cable Commission: Commission run. 12 cities— Birchwood, Village, Dellwood, Grant Township, Lake Elmo, Mahtomedi, Maplewood, North St. Paul, Oakdale, Vadnais Heights, White Bear Lake, White Bear Lake Township, and Willernie. No residency required. 7. Central St. Croix Valley Cable Commission: Refranchising - Soon to be commission run. 5 cities—Stillwater, Bayport plus three townships. Might require residency. 8. South Washington County Cable Commission: Commission run. 7 cities—Afton, Denmark Township, Cottage Grove, Grey Cloud Township, Newport, St. Paul Park, and Woodbury. No residency required. 9. North Dakota County Cable Commission: Commission run. 6 cities—Inver Grove Heights, Lilydale, Mendota Heights, South St. Paul, Sunfish Lake and West St. Paul. No residency required. 10. Burnsville Eagan: City run. 2 cities—Burnsville and Eagan. No residency required. r 4 Cities not involved with large groups. Columbia Heights/FIill Top Cable Company Run (Media 1) No residency required Chaska City Run Residency Required St. Louis Park City Run Residency Required Bloomington Non Profit run Residency Required Lakeville No Public Access, Just Refranchised, Access center closed (was provided by Marcus Cable) the cable company did not want to run it, the city did not want to run it so they now have a channel, a playback deck, a tripod, and a camcorder for check out Minneapolis Non profit run (MTM) No Residency required must be a resident or a member to submit a tape for playback Coon Rapids No Public Access City runs community access (no pubic involved) and government access