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05/10/1999 - 4650�' FRIDLEY CITY COUNCIL MEETING ��r', ATTENDENCE 5HEET '. .� Mo-�.day, May 10, 1999 ' 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRE5S NUMBER / �� ( � ? � �i'u�.l . �-.�tG 7 � � ! u ? �f�. _ .. _ �. % d �,� f �: �.� t;,Cj � � �La J f' � %i ✓Li1L c� / J � ��/ � � �-�,ryL - , �� � �' w �,� ,,-. �: : �,, ' � - - �i<' � �'` �-� _____�-_ � �. � � , r � �'rti� I : V��. rrK 164/,W L, '��r�1�. ���vti�. �, c�w,�, �-���;�, �'�l�i �-� .I �• ���' � �� r • .I ' . ,L ./L, � . .ri/. � ,/� ° �- /3.0/ � 5<' � G�' . �3. o> -i3-; z � �lP S ��(/ �. ,2 ��,�. ,�/ �, - %�'`°�� ;�,�;� .� j--�� � �. ,�,?;'-�'tL ���': y`�'-t/ ,, __� h � , j f� 'c�� // '�=`;--° �,�, �_ � 7- G/� �?y �`_i 'vti h �: � �y �-E tZ� s� wh����r s�. 5t. ��.�..1 �,.._.� 1`t II i�c.�,-�, �'�%�_ '�-r����-� �. ai ���o �D —��o.o� �1i,ai—ly,o�1 i;3�,u,iS,l� � FRIDLEY CITY COUNCIL MEETING OF � oF MAY 10, 1999 FRIDLEY . The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Police Week: May 10-16, 1999 Public Works Week: May 17-23, 1999 APPROVAL OF MINUTES: Board of Review and City Council Meeting of April 26, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending the City Code of the City of Fridley, Minnesota, to Repeal Chapter 404, Entitled "Gas Franchise" and Adopt a New Chapter 404, Entitled ,�Gas Franchise" ................................................................................ 1.01 —1.09 FRIDLEY CITY COUNCIL MEETING OF MAY 10_ 1999 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): nw�� n . .-..... .. Second Reading of an Ordinance Amending the City Code of the City of Fridley, Minnesota, to Include a New Chapter 408, Entitled "Electric Franchise" ...................................... 2.01 — 2.11 Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.03 and Adding Section 205.04.10 (Zoning Text Amendment, ZTA #99-01, by Medtronic, Inc., for Property Generally Located at Lake Pointe Drive and Bridgewater Drive) (Ward 1) ............................................................................... 3.01 — 3.07 NEW BUSINESS: Approve Grant Agreement between the State of Minnesota, Department of Trade and Economic Development and the City of Fridley for Harker's Distribution, Inc. (Ward 3) ....................................................................................... 4.01 — 4.07 Approve Loan Agreement between the City of Fridley and Harker's Distribution, Inc. (Ward 3) ................................................................................... 5.01 — 5.09 FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): PAGE 3 Approve an Extension to Variance Request, VAR #98-09, by Kim Miller of Miller Funeral Home, to Allow the Reduction of the Side Yard Setback from 80 Feet to 37 Feet for a Building Addition and Canopy, Generally Located at 6210 Highway 65 (Ward 2) ........................................... 6.01 — 6.02 Receive Bids and Award Contract for Fire Apparatus Bay Exhaust/Make-Up Air ProjectNo. 334 ............................................................................... 7.01 — 7.02 Resolution Authorizing the Signing of an Employment Agreement between Firefighters and the City of Fridley ..............:...................................................... 8.01 — 8.24 Appointment: City Employee ........................................................... 9.01 Claims....................................................................................... 10.01 FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 �.°- APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Licenses....................................................................................... 11.�� � ._ � „�., Estimates....................................................................................... 12.� � ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) OLD BUSINESS: Special Use Permit, SP #99-01, by Holiday Companies, for the Construction of a Holiday Stationstore, Generally Located at 5695 Hackmann Avenue N.E. (Ward 2) (Tabled April26, 1999) ....................................................................................... 1� �' � .�'. FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 OLD BUSINESS (CONTINUED): _ __ _ Resolution Approving a Vacation, SAV #99-01, Vacating a Portion of Carrie Lane, Quincy Street and Jackson Street (by Medtronic, Inc.) . (Ward 1) (Tabled April 26, 1999) 1 ��, � . ; - � - � ' , ........................................................... Preliminary Plat Request, P.S. #99-01, by Medtronic, Inc., to Create Fridley Executive Center 2nd Addition, Generally Located at Lake Pointe Drive and Bridgewater Drive (Ward 1) (Tabled April 26, 1999) � � ' - ' ' ......................................................... 1 � NEW BUSINESS: Resolution of the City Council of the City of Fridley, Minnesota, Authorizing the Acquisition of an Eminent Domain Proceeding to Acquire Fee Simple (5675 Quincy Street) (Ward 1) 1�.,. `� ....................................................................................... Informal Status Reports ��G' ' ....................................................................... _ ADJOURN. . - FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 ' QTY OF FRIDIEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Police Week: May 10-16, 1999 Public Works Week: May 17-23, 1999 APPROVAL OF MINUTES: Board of Review and City Council Meeting of April26, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: �l Second Reading of an Ordinance Amending the City Code of the City of Fridley, Minnesota, to Repeal Chapter 404, Entitled "Gas Franchise" and Adopt a New Chapter 404, Entitled "Gas Franchise" ................................ 01 — 1 " ��,ti�'�.^�` ��� � � /� Second Reading of an Ordinance Amending the City Code of the City of Fridley, Minnesota, to Include a New Chapter 408, Entitted "Electric APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): � Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.03 and Adding Section 205.04.10 (Zoning Text Amendment, ZTA #99-01, by Medtronic, Inc., for Property Generally Located at Lake Pointe Drive and Bridgewater Drive) (Ward 1) ............................... 3.01 � 3.07 � 1Il/� (j 1 l�� N�W BUSINESS: � Approve Grant Agreement between the State of Minnesota, Department of Trade and Economic Development and the City of Fridley for Harker's Distribution, Inc. (Ward 3) .................................. 4.01 — 4.07„ ���1v1v��7G� � 09 � f� Approve Loan Agreement between the City of Fridley and Harker's Distribution, Inc. (Ward 3) ................................... 5.01 — 5.09 �4 ' lVlVt�vv.��/" � ��� � Franchise" ...................��� 2.01 — 2.11 Ct��� �r Approve an Extension to Variance Request, VAR #98-09, by Kim Miller of Miller Funeral Home, to Allow the Reduction of the Side Yard Setback from 80 Feet to 37 Feet for a Building Addition and Canopy, Generally Located at 6210 Highway 65 (Ward 2) 6.01 �02 �� � ' ;a,(,a' i�,C,b�'►� ' � � FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): � Receive Bids and Award Contract for Fire Apparatus Bay ExhausbMake-Up Air Project No. 334 ............................� o. �7.01 — 7.02 .�Q.,' I�LE,�Q'11/VV� oUJ � � Resolution Authorizing the Signing of an Employment Agreement between Firefighters and the City of Fridley ..................... 8.01 �4 ! �'v 1 � Appointment: City Employee .......... 9.01 " �v� ��� ` � �� � Claims Licenses ................................... 10 01 � � "�,�11�; '� �� n�j � (�' � � � n �� ........ .. . ...� �'............. 11.01 —11.61 / ��� OLD BUSINESS: PAGE 2 Special Use Permit, SP #99-01, by Holiday Companies, for the Construction of a Holiday Stationstore, Generally Located at 5695 Hackmann Avenue N.E. (Ward 2) (Tabled April 26, 1999 ...... .. .... ..........� .��.�-'� 3.01 —13.52 � , �P �d�'}��` ' �,��1 rr-u.a.�� xu.� ���� �°�;�'" �,�.;���- ' c>�`"',9 '� Resolution Approving a Vacation, SAV #99-01, Vacating a Portion of Carrie Lane, Quincy Street and Jackson Street (by Medtronic, Inc.) (Ward 1) (Tabled April 26, 1999) ........... 14.01 —14.09 ,��t,�,.'�x..�. �;� 1��..L,�.,� 5 �� �� / C� % '� \� Preliminary Plat Request, P.S. #99-01, by Medtronic, Inc., to Create Fridley Executive Center 2"d Addition, Generally Located at Lake Pointe Drive and Bridgewater Drive (Ward 1) (Tabled April 26, 1999) ......... 15.Q1 —15.07 � t��� '�.�u� ' S" � Y � 11 � ..e-/' /?� r C ' �� ,(,� ��,K� , k.�l �� , '� �. ;`,�, ��. V�..� i � � Estimates ,� ...........� ........................ 12.01 � ` ' . � "� ��'..�: J(� � . � � <,. ,t��. � ��,'l1,%11- .`=�. �� ���,�at,, -�;,i tis�:1.,��� ' �,� C�. {' � -� .� �.%�. � � � ,�,,� � �'c.., �. �, �'7 - � 4 Y�.'`-��'� , ADOPTION OF AGENDA. �'�-���;�' C`1�. �,��. � � ,� � '. 4� � i�t--: � ,,(,�,�.'''iM✓�/l ��� OPEN F UM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) NEW BUSINESS: Resolution of the City Council of the City of Fridley, Minnesota, Authorizing the Acquisition of an Eminent Domain Proceeding to Acquire Fee Simple (5675 Quincy Street) (Ward 1) ........... ....:....� . �� .. 16.01 — 16.08 � a�����""' ti�l��,i,i. � � � _ Informal Status Reports ................ ADJOURN. 17.01 �— I, � f -_ L {^V,\HNESpT, � Z Minnesota Department of Transportation � o > � � Metropolitan Division . �yT OF TR►�ZQ . � Golden Valley Office 2055 North Lilac Drive Golden Valley, MN 55422 March 30, 1999 Judy Jones 67?5 Claannel Road Fridley, MN 55432 Dear Ms Jones: ��z,� f%'L.L��tc%� �� t,t��c. e r'�t �'/' Cr��'C �i4-�I..t,z.��..� :� Enclosed is the information you requested concerning southbound Highway 65 vehicles turning left at 68`h Street and at Mississippi Street. Feel free to call me if you have any questions regarding this information. Sincere , Lars Impola, P.E. Traffic Studies Engineer (612) 797-3126 An equal opportunity employer � � � < �,� 35 i30N �i R2AW R23W Qf� �z�, z tiJ � T 13I18 � 69th AVE. �1. � w Z o '^ 68th � ' � a AVE. 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POLICE WEEK May 10 — 16, 1999 WHEREAS, the Congress of the United States of America has desigr� � �, .'.._ week of May I S to be dedicated as "National Police We��:" :-r.�d May 15 of each year to be "Police Officers' Memorial Day; " ar � r'� WHEREAS, the law enforcement offccers are our guardians of life and �z�-: r-: fre defenders of the individual's right to be free, warriors in ��?� kwje��- against crime, and dedicated to the preservation of life, lib�� t�< ,.� the pursuit of happiness; and WHEREAS, it is known that every 57 hours an American Police Officer �a�l� �?� killed in the line of duty somewhere in the United States, c�� R.� ' officers urill be seriously assaulted in the performance of thei� f, �., our community jozns with other cities and towns to honor c�i� �:�,: ��c�:; officers everywhere; NOW, THEREFORE, I, Nancy J. Jorgenson, Mayor of the City of Fridlea�, �o hereby proclaim the WEEK OF MAY 10 THROUGH MAY 16, 1999 to be POLICE WEEK and call upon all our citizens in this community to especially honor and sh��� f�:�t,°;;�� sincere appreciation for the police officers of this city, by deed, rem€��1���. 7�{:` attitude. I call upon all our citizens to make every effort to express their ���.�� the men and women who make it possible for us to leave our home and , f°� ��. safety each day and to return to our homes knowing we are protecte� ���.;, .- r� .: � and women willing to sacrifice their lives, if necessary, to guard our la��<:� ' property, and government against all who would violate the law. IN WITIKESS WHEREOF, I have !�.�_ .�: set my hand and caused the �� �; City of Fridley to be affixed this �� May, 1999. Nancy J. Jorgenson, Mayor � � � . � � � . 1 PUBLIC WORKS WEEK May 17 - 23, 1999 �HEREAS, public works services provided in our community are an integral part of the every day lives of our citizens; and, WHEREAS, the support and understanding of an informed citizenry is vital to the e�cient operation of public works systems such as �r.vater, sewers, streets, highways, parks, public buildings, and snow removal; and, WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and, �HEREAS, the quality and effectiveness of these facilities, as zvell as their pldnning, design, maintenance, and construction is vitally dependent upon the efforts and skills of Public Works personnel; and, �HEREAS, the efficienry of the qualified and dedicated personnel who staff Public Works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW� THEREFORE, BE IT RESOLVED, that I, Nancy J jorgenson, Mayor of the City of Fridley, hereby proclaim May 17 through 23, 1999, as: PUBLIC WORKS WEEK in the City of Fridley, and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works services, and to recognize the contributions Public Works Department personnel make every day to our health, safety and comfort. IN W�ITNESS W�HEREOF, I have hereunto set my hand and caused the seal of the City �f Fridley to be affixed this 10th day of May, 1999. Nancy J. Jorgenson, Mayor THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 26, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings and Councilmember Bolkcom. Councilmember Wolfe arrived at 8:35 p.m. MEMBERS ABSENT: None BOARD OF REVIEW MEETING: Mayor Jorgenson noted that this was a continuation of the Board of Review Meeting on April 12, 1999. At the last meeting, Mr. Gary Wellner was present to protest his value for taxes payable for the year 2000. Mr. Hervin, Assessor, explained that staff re-evaluated the property value, which was established for Mr. Wellner's property, and recommended that the current value remain as originally stated. Mr. Wellner informally agreed by telephone earlier. Councilmember Billings noted that staff provided information that upheld the value which was provided. MOTION by Councilmember Billings to re-affirm the value, which the Assessor placed on the property of $141,900. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to close the Board of Review Meeting at 7:40 p.m. Seconded by Councilmember Bolkcom. ' UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE BOARD OF REVIEW MEETING WAS CLOSED AT 7:40 P.M. Councilmember Billings asked �hat the Assessor's Office provide a complete proceeding of the Board of Review meeting to the Anoka County Board of Equalization. FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 2 APPROVAL OF MINUTES: Regular Citv Council Meeting of Apri112,1999: MOTION by Councilmember Bolkcom to approve the minutes of the April 12, 1999 regular City Council meeting as presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 7. 1999: RECEIVED NIINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 7, 1999. 2. RESOLUTION NO. 30-1999 TO VACATE THE FIVE-FOOT UTILITY EASEMENT AND THEN GRANT A TWELVE FOOT UTILITY EASEMENT ON LOT 2 BLOCK 2 BROOKVIEW 2ND ADDITION GENERALLY LOCATED AT 1� O15 MISSISSIPPI (VACATION REOUEST, SAV. #99-02, BY DAVID A. PEARSONI (WARD 2): Mr. Burns, City Manager, explained that Mr. Pearson, the developer of a lot at 6526 Brookview Drive, requested that the City create a twelve-foot utility easement on the lot at 1015 Mississippi Street. Staff recommended that Council accommodate Mr. Pearson's request by vacating an existing five-foot utility easement and replacing it with a twelve- foot easement along the rear property line at 1015 Mississippi Street. That would enable Mr. Pearson to provide water and sewer connections to his recently created lot. APPROVED ADOPTION OF RESOLUTION NO. 30-1999, TO VACATE THE FIVE FOOT UTILITY EASEMENT AND THEN GRANT A TWELVE-FOOT UTILITY EASEMENT ON LOT 2, BLOCK 2, BROOKVIEW 2ND ADDITION, GENERALLY LOCATED AT 1015 MISSISSIPPI (VACATION REQUEST, SAV. #99-02, BY DAVID A. PEARSON). 3. RECEIVE PETITION FOR RICE CREEK BANK STABILIZATION PROJECT, PHASE 2: AND � FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 3 RESOLUTION NO. 31-1999 TO THE RICE CREEK WATERSHED DISTRIC'I' AND THE ANOKA COUNTY SOIL AND WATER CONSERVATION DISTRICT: Mr. Burns, City Manager, explained that the petition requests that the City and the Rice Creek Watershed District participate in a stream bank stabilization program for the areas of Rice Creek between University Avenue on the east and the Burlington Northern Railroad tracks on the west. The cost for this project is $110,000 and would be distributed among the Rice Creek Watershed District (50%), the City of Fridley (25%) and the property owners (25 percent). RECEIVED PETITION FOR RICE CREEK BANK STABILIZATION PROJECT, PHASE 2 AND ADOPTED RESOLUTION NO. 31-1999 TO THE RICE CREEK WATERSHED DISTRICT AND THE ANOKA COUNTY SOIL AND WATER CONSERVATION DISTRICT. 4. APPROVE THE PURCHASE OF THREE PROPERTIES FOR THE RIVERVIEW HEIGHTS IMPROVEMENT PROJECT NO. ST. 1999-1 (600 BUFFALO STREET, 630 BUFFALO STREET, AND 7901 RIVERVIEW TERRACE) �WARD 3): Mr. Burns, City Manager, explained that the purchase of these properties (600 Buffalo Street for $83,000, 630 Buffalo Street for $26,750 and 7901 Riverview Terrace for $103,000) would be used in conjunction with the Riverview Heights street improvement project for stortn water detention. APPROVED THE PURCHASE OF THREE PROPERTIES FOR THE RIVERVIEW HEIGHTS IMPROVEMENT PROJECT NO. ST. 1999-1 (600 BUFFALO STREET, 630 BUFFALO STREET AND 7901 RIVERVIEW TERRACE). 5. APPROVE CHANGE ORDER NO. 1 TO THE SCADA SYSTEM UPGRADE PROJECT: Mr. Burns, City Manager, explained that the City's existing automatic dialer that is used to call the on-call person for water and sewer related emergencies has not been working reliably. Therefore, staff recommended that Council approve the addition of an automatic digital dialer to the SCADA equipment upgrade that will be installed in the next couple weeks. The cost of this addition will be $5,750 and can be added to the current contract without exceeding the budgeted amount for the SCADA upgrade. APPROVED CHANGE ORDER NO. 1 TO THE SCADA SYSTEM UPGRADE PROJECT. FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 1999 _ PAGE 4 6. RESOLUTION 1�10. 32-1999 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR SPRING LAKE PARK LIONS CLUB (SANDEE'S RESTAURANT, 6490 CENTRAL AVENUE N.E.) (WARD 2): Mr. Burns, City Manager, explained that this was a renewal of the existing charitable gambling permit. The Fridley Police Department has had no problem with the lawful gambling operation by the Spring Lake Park Lions at this location and staff recommended approval. APPROVED THE ADOPTION OF RESOLUTION NO. 32-1999 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR SPRING LAKE PARK LIONS CLUB (SANDEE'S RESTAURANT, 6490 CENTRAL AVENUE N.E.). 7. RECEIVE BIDS AND AWARD CONTRACT FOR THE 1999 PLAYGROUND EOUIPMENT UPGRADES. PROJECT NO. 323: Mr. Burns, City Manager, explained that bids for playground equipment upgrades were received from five companies. The proposed upgrades for six parks were on display on April 6 and 7 at the Municipal Center. Neighbors of the six parks were invited to review the proposals and make comments. The Parks and Recreation Commission also reviewed the proposals. Staff made the following recommendations: The upgrades for Craig, Skyline and Ed Wilmes Parks be awarded to Flanagan Sales with the understanding that the Little Tykes line of play equipment be installed at a cost of $33,000, $33,000 and $26,000 respectively. The upgrades for Plaza and Hackmann Parks be awarded to Midwest Playscapes with the understanding that the Playworld Systems line of equipment be installed at a cost of $18,000 and $26,000 respectively. The upgrade for Madsen Park be awarded to Minnesota/Wisconsin Playgrounds with the understanding that they will be installing Game Time equipment at a cost of $36,000. Mr. Burns noted that the total cost for these upgrades was $172,000, well within the $212,000 budgeted for this purpose. Staff recommended that Council award the bids as outlined. RECEIVED BIDS AND AWARDED CONTRACTS FOR THE 1999 PLAYGROUND EQUIPMENT UPGRADES, PROJECT NO. 323 AS FOLLOWS: FLANAGAN SALES -$33,000, $33,000, AND $26,000; MIDWEST PLAYSCAPE3 - $18,000 AND $26,000; AND MINNESOTA/WISCONSIN PLAYGROUNDS m $36,000. 8. APPROVAL OF YOUTH ADVISORY COUNCIL APPOINTMENTS: Mr. Burns, City Manager, explained that flyers were sent to all school districts that operate in Fridley, as well as to all Fridley schools. Additionally, letters were sent to FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 5 every school-aged child who lives in Fridley but attends schools operated by District Nos. 1 l, 13 and 16 and to the teaching staff at Fridley Middle School, Fridley High School, the advisors for the Key Club, the Student Council and Youth in Government. A group interview was conducted by the Human Resources Commission at their April 8 meeting. It was agreed that all eleven applicants would be selected to fill eleven of the sixteen available positions on the newly created Youth Advisory Council. It was also agreed by the youth present that they would work as their first order of business to recruit students from outside District 14. As a result of this process, staff recommended Council's appointment of the following individuals to the Youth Advisory CounciL• Jessica Fischer — grade 5 Cassie Soj — grade 5 Jessica Hansen — grade 6 Mark Dobberpuhl — grade 8 Veronica Newcomer — grade 9 Issam Beik — grade 9 Amy Beighton — grade 10 Dan Dunn — grade 10 Kristin Kirk — grade 10 George Pichler — grade 11 Garrett Smith — grade 11 APPROVED THE APPOINTMENTS TO TAE YOUTH ADVISORY COUNCIL AS RECOMMENDED BY STAFF. 9. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, explained that staff recommended the appointment of Robert Stevens to a position of Patrol Officer recently vacated by Scott Robinson. Mr. Stevens attended the Utah State Police Academy, passed the Minnesota Reciprocity Examination in 1997, and has worked as security at Hennepin County Regional Centers and Wackenhut Security Systems. Additionally, he was employed with the Salt Lake County Sheriff s Office as Deputy Sheriff and as motorcycle patrol deputy and general deputy. APPROVED THE APPOINTMENT OF ROBERT STEVENS TO THE POSITION OF PATROL OFFICER, EFFECTIVE MAY 3,1999. 10. CLAIMS: APPROVED THE PAYMENT OF CLAIM NUMBERS 86640 THROUGH 86825. 11. LICENSES: APPROVED LICENSES AS SUBMITTED. FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 6 12. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Ron Kassa Construction 6005 250�' Street East Elko, MN 55020 1999 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 322 Estimate No. 1 $6,746.09 MOTION by Councilmember Bolkcom to approve the consent agenda as presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. PROCLAMATION: Buddv Poppv Day — Mav 21,1999: Mayor Jorgenson read the proclamation declaring May 21, 1999 as Buddy Poppy Day in the City of Fridley. Mr. George Arnold, Junior Voice Commander of VFW Post 363, and Ms. Sara Erickson, Buddy Poppy Queen, were present to receive this proclamation. Mr. Arnold stated that he submitted a letter to the City several months ago asking the status of his license for selling the buddy poppies. Mr. Pribyl noted that it was on the agenda for approval at the May 10, 1999 City Council meeting. Mayor Jorgenson stated that, in the past, the Councilmembers have always been able to purchase the Buddy Pappies at the Council meeting. She believed it was appropriate to approve the continuation of the 19981icense to allow the sale of buddy poppies until May 10, 1999. MOTION by Councilmember Billings to continue the 1998 license to allow the sale of buddy poppies until the license has been formally approved at the May 10, 1999 City Council meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Billings to approve the adoption of the agenda. Seconded by Councilmember Barnette. � UPON A YOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENS�I�1 DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 7 OPEN FORUM. VISITORS: Mayor Jorgenson explained that this was the time set aside for residents to speak about issues not on the agenda. There were no questions or comments from the public. OLD BUSINESS: 13. RESOLUTION NO. 33-1999 APPROVING A PLAT P.S #98-04 BY N. G. NELSON, ONAN CORPORATION. TO REPLAT PROPERTY TO ACCOMMODATE THE DEVELOPMENT OF A WAREHOUSING FACILITY. GENERALLY LOCATED AT 1400 73RD AVENUE N.E. (WARD 2) (TABLED APRIL 12. 1999): MOTION by Councilmember Barnette to remove this item from the table. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy, Director of Community Development, explained that this was the final plat for the Onan Addition. This item was discussed at the April 12, 1999 City Council meeting, at which time action was tabled for two reasons — there were a number of questions about the development from neighbors on the East side of the plat in the City of Mounds View, and staff received a letter from Anoka County requesting additional rights-of-way on the plat. Since that time, Onan and Murphy Warehouse conducted an open house at the Onan Campus. Residents from both the City of Fridley and the City of Mounds View were in attendance. Residents voiced their concerns about the number of trucks, the traffic, and the methods of screening. Ms. Dacy presented a copy of the site plan, noting that Onan and Murphy Warehouse were collaborating on a 400,000 square foot warehouse development to the south of the existing building. The major concerns of residents were where the traffic and the trucks from the development and warehouse would access the new building. Both Onan and Murphy Warehouse have indicated that the Central Avenue access will be their main access. Overall, there would be less truck traffic from the site, as this building would consolidate a number of Onan's facilities which are now housed in the Murphy Warehouse site. A new public street, which was proposed, would likely be used by ten percent of the traffic. Additionally, there were a number of questions regarding screening. Onan and Murphy Warehouse would evaluate the use of access fill from the smaller berms on the east lot line, and they would also be planting additional evergreens. Ms. Dacy noted that she met with Onan regarding the right-of-way issue, and an agreement was reached. Ms. Dacy noted that one additional stipulation was added to the list, which states that the park dedication fees shall be paid as deemed appropriate by the City Council. Murphy Warehouse indicated that they would pay the required park dedication fees; however, Onan requested that they be able to pay their portion over a period of time due to the cost. This request would need to be reviewed by the Parks and Recreation Commission, as they would make a recommendation to Council. FRIDLEY CITY COUNCIL MEETING OF APRIL 26,1999 _ PAGE 8 Councilmember Billings asked if the fourteen stipulations included all that Anoka County has agreed with Onan on. Ms. Dacy responded in the affirmative. Councilmember Bolkcom asked if the City would be setting a precedent by allowing the park dedication fees to be spread out over a period of time. She asked if it had been done in the past. Ms. Dacy responded that she was not aware of any other similar situations. Typically, the park dedication fees are paid at the time of the building permit or at the time of the final plat. She noted that the Parks and Recreation Commission would review this request and would make a recommendation to Council. Mr. Gary Brisbin and Mr. Woody Nelson of Onan were present to address any questions that Council or the public had regarding the proposed development. Mr. Brisbin stated his sincere appreciation to City staff for their assistance during the planning stage. Mr. Nelson stated that he was very grateful for the working relationship that Onan has with City staff. He felt that the development would be a"win-win-win" situation for all. Mayor Jorgenson thanked Onan and Murphy Warehouse for providing the open house to answer questions addressed by residents regarding the development. Ms. Connie Metcalf, a member of League of Women Voters, asked what the park dedication fees would be used for. Mayor Jorgenson explained that these fees go into a fund for park and recreation facilities. Previously, the fund has been used to replace old park playground equipment, upgrade tennis courts, etc. Essentially, the fund is used to improve City parks. Mr. Brian Amundson, 3048 Woodale Drive, Mounds View, thanked Onan and Murphy Warehouse for providing the open house and answering questions that many residents had. He asked what the status was of the fourteen stipulations, which were outlined as part of the resolution. He also stated that he hoped that the truckers would heed the instructions from Murphy Warehouse regarding using the Central Avenue access. He asked what had been discussed with regard to screening at the east property line. Mayor Jorgenson stated that in the past Murphy Warehouse has been very cooperative when confronted with complaints and has taken appropriate action to remedy the problem. Ms. Dacy noted that there was a change to Stipulation No. 13 regarding the combining of Outlot A with Lot 1. She noted that many of the stipulations are enforced prior to the issuance of the Certificate of Occupancy. With regard to the landscaping/berming plans, Mr. Nelson of Onan noted that they looked at landscaping the berm along the east property line. It appeared that there may be excess material after the landscaping and grading was complete. Some of it could be used along the eastern buffer. He felt that this could accommodate some of the concerns expressed by residents of Mounds View whose properties border the development on the east side. Mr. Richard Young, 5695 Quincy Street, stated he believed that in the past thirty years the Onan Corporation has had four different owners. If a decision was made to allow Onan to pay the park dedication fees over a period of time, some type of stipulation should be added that would allow the City to place an assessment on the property to guarantee payment should the ownership of th� property change. He also asked what time period they would like in which to pay the fees. FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 9 Councilmember Billings noted that Stipulation No. 14 stated that the park dedication fees shall be paid as deemed appropriate by the City Council. The Park and Recreation Commission would need to discuss this matter and make a recommendation to Council. MOTION by Councilmember Billings to approve Resolution No. 33-1999, Approving a Plat, P.S. #98-04, by N. G. Nelson, Onan Corporation, to Replat Property to Accommodate the Development of a Warehousing Facility, Generally Located at 1400 73`d Avenue N.E., and the following stipulations: 1) A 10 foot by 10 foot right-of-way shall be dedicated starting at the northwest property corner at 73`d Avenue and Central Avenue and continuing south along the existing r.o.w. to a point 400 feet south of the northwest property corner. From the that point south, an additional 10 feet by 800.74 feet Street, Utility and Drainage easement shall be provided along the easterly property line of the Onan property. Along the north property line, a 17 foot by 400 foot right-of-way shall be dedicated along the 73id Avenue right-of-way, from the northwest property corner to a point 400 feet east. From that point east, a 17 foot by 2252.79 foot Street, Utility, and Drainage easement shall be dedicated whieh will cover the remaining portion of the north property line; 2) A road with a 60 foot right-of-way, 30 m.p.h. curves, and necessary cul-de-sacs or bubble should be identified to provide access to the proposed lots; 3) The proposed access road will continue along the eastern edge of Lot 3 for a minimum of 150 feet in order to meet the lot width requirements; 4) The sewer services should be designed to service the proposed and future lots on the plant; 5) The sewer connection to the MCES interceptor will require MCES approval; 6) The water system should be designed to provide service to the existing and proposed lots; 7) Fire hydrants associated with the development will be flushed by City crews; 8) Storm water pond calculations need to be approved by the Engineering Division; 9) A storm pond agreement needs to be executed to assure ongoing maintenance and viability of the pond. The agreement shall include the outfall system for the pond; 10) A user fee will be required from the property owner for the storm system placed within the public right-of-way; 11) The storm water outlet pipe will require the repair of Stinson Avenue and the installation of B618 concrete curb and gutter; 12) The storm water sewer pond design must be approved by the Rice Creek Watershed District; 13) The petitioner shall notify the City of any contaminants that surface, for wellhead protection; and 14) Park dedication fees shall be paid as deemed appropriate by the City Coun. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBER-AT-LARGE BARNETTE, COUNCIL- MEMBER BILLINGS, AND COUNCILMEMBER BOLKCOM VOTED AYE, MAYOR JORGENSON ABSTAINED, AND COUNCILMEMBER WOLFE WAS ABSENT, MAYOR JORGENSON DECLARED THE MOTION CARRIED. Mayor Jorgenson stated that Councilmember Wolfe requested that Item 14 be delayed until his arrival. PUBLIC HEARINGS: 15. CONSIDERATION OF S-2 REDEVELOPMENT DISTRICT PROJECT PLAN APPROVAL MPA #99-01 BY MEDTRONIC INC. TO CONSIDER PROJECT/MASTER PLAN APPROVAL FOR A CORPORATE OFFICE FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 10 CAMPUS UP TO 1,600.000 SOUARE FEET IN SIZE GENERALLY LOCATED AT LAKE POINTE DRIVE AND BRIDGEWATER DRIVE (WARD 1� MOTION by Councilmember Billings to open the public hearing at 8:15 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:15 P.M. Ms. Dacy, Director of Community Development, stated that she was very pleased to present the Master Plan to Council for consideration. The purpose of the Master Plan was to establish the site as the world headquarters corporate office campus for Medtronic. The proposed campus would consist of four elements: 1) the worldwide corporate headquarters; 2) a research and development center; 3) an education center; and 4) a neurological business unit headquarters. The master plan, as proposed, would include at least 1,000,000 square feet of corporate office space with the flexibility to go up to 1.6 million square feet, which would likely be built over a period of ten years. On April 1, 1999, the Housing and Redevelopment Authority determined that the proposed plan was consistent with the development plan for this area. As part of Phase I, there would be six buildings which are being proposed, including the corporate headquarters building, the neurological building, the research building, the education building, the campus commons building and the parking ramp. Phase I would occupy the east end of the site and be served by the new parkway along the north side of the site. Ms. Dacy noted that the parking ramp would consist of six floors, two of which would be constructed below grade. The ramp would contain approximately 1,038 stalls at 8.5 feet wide by 18 feet deep. Approximately 160 to 200 parking spaces would be on each floor of the structure. A small surface parking lot would be located just to the west of the central plant. She noted that parking structures would be required for the additional development on the property as part of the Phase II and Phase III developments. The parkway would be a two-way divided roadway, extending from the Seventh Street right-of- way on the west side of the site to Highway 65 on the east. Ms. Dacy presented a rendering of the proposed buildings. She noted that the building exterior at this point would be brick or cut stone, with much use of accent trim and glass. The buildings would be constructed to meet all building and fire codes. Ms. Dacy stated that the proposed lighting would include a 20-foot tall standard along the parkway with a 30-foot tall pole on the top of the parking structure. Kim lights are being proposed. Ms. Dacy noted that a detailed sign plan has not been submitted to date. Entrance monuments were being contemplated, and a detailed sign plan was one of the stipulations. The landscaping plan was rather extensive with over six hundred tress proposed for Phase I. Additionally, nearly one hundred shrubs would be planted. The parkway would be lined w��h FRIDLEY CITY COUNCIL MEETING OF APRIL 26.1999 PAGE 11 linden trees with crab apple trees in the median. A mixture of deciduous trees and evergreens would also be planted around the campus. The existing water and sewer lines will serve the site. Two ponds have been created on the east end of the site for storm water and run off. A third pond has been added to respond to the concerns addressed by the Rice Creek Watershed District. Ms. Dacy noted that the Planning Commission reviewed these plans and recommended that Council approve the Master Plan, subject to seventeen stipulations. Mr. Donn Hagmann, Director of Real Estate for Medtronic, stated that they have been working hard with staff over the past eight months. They are optimistic that this project will be a success. He noted that Medtronic was concerned that the recent house bill does not fully allocate all of the funds for tax increment financing. The unique characteristics of the site require soil conections and site improvements which require a potential investment of an additional $53,000,000. As it stands, with the extended TIF district, Medtronic would only recover 62 percent of that investment; therefore, they would have to absorb a considerable amount. If all phases of this project were to take place, it would be imperative that the City of Fridley and the legislature fully endorse the thirteen-year TIF extension. He noted that the economics of the project make it such that if there would be a shortfall greater than what already exists, there would be a great deal of uncertainty as to whether they could commit to Phases II and III of the development. Mayor Jorgenson noted that the Senate Tax Committee passed the bill in its original format, which would allow all three phases to be built, and would allow Medtronic to recapture some of the costs. Mr. Hagmann noted that the amendment to the plat plan which requires that with future phases of construction they would be required to purchase a bond to mill down the road and rsurface it at a future date. He explained that with Medtronic's Triple A credit, they do not feel they should be required to use the bonds for this purpose and tie up the money for all those years. Secondly, with the existing condition of the road, they do not believe that future construction would require entirely resurfacing. He noted that they would be willing, as the future phases allow, to look at the condition of the road and to be responsible. Ms. Dacy noted that the stipulation Mr. Hagmann is referring to was a new one which was part of the plat application, Item No. 18. Councilmember Billings asked if this would be addressed in the development agreement. Ms. Dacy stated that the requirement was a typical stipulation as part of the plat regarding construction on a public street, but that it could be included in the development agreement. Councilmember Billings asked if this stipulation would only kick in if Medtronic completes Phases II and III. Ms. Dacy stated in general that the City's policy is that the last layer of asphalt between the first application and the final one must match the edge of the curb. Because the petitioner wants to complete all of the road work under Phase I of the project, there was the possibility that truck traffic, etc. during the additional phases could affect the condition of the roadway. Therefore, it would be preferable to hold off on the top course of the roadway until such time as the project was completed. FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 1999 PAGE 12 Mayor Jorgenson asked Ms. Dacy to explain the purpose of a performance bond. Ms. Dacy stated that the performance bond is a typist means of security to assure that the petitioner will complete the improvements. What is perhaps different in this case is the length of time in which the letter would be carried. Mayar Jorgenson stated that her concern in setting a precedence if the City were to exempt Medtronic from the performance bond requirement. Mr. Knaak, City Attorney, stated that the City could indeed set a precedence by exempting Medtronic from this requirement, unless they were able to somehow distinguish this case from another case which could follow. Councilmember Wolfe arrived at 8:35 p.m. MOTION by Councilmember Billings to close the public hearing at 8:40 p.m. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:40 P.M. OLD BUSINESS: 14. SPECIAL USE PERMIT, SP #99-01, K BY HOLIDAY COMPANIES, FOR THE CONSTRUCTION OF A HOLIDAY STATIONSTORE, GENERALLY LOCATED AT 5695 HACKMANN AVENUE N.E. (WARD 2) (TABLED MARCH 22,1999): MOTION by Councilmember Wolfe to remove this item from the table. Seconded by Council- member Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy explained that Mr. Dave Hoeschen, Holiday Companies, has requested that this item be postponed until the May 10, 1999 City Council meeting, to allow him time to prepare his traffic information. MOTION by Councilmember Wolfe to continue the public hearing to May 10, 1999. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSOl�t DECLARED THE MOTION CARRIED UleTANIMOUSLY. PUBLIC HEARINGS: 16. CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #99-01, B�' MEDTRONIC INC. TO AMEND SECTION 205.24.06 AND OTHEl� APPROPRIATE SECTIONS OF THE FRIDLEY ZONING CODE TO CREA�'E REQUIREMENTS FOR PARKING SPACE SIZES AND AISLE WiDTHS FOit PARKING RAMP STRUCTURES ASSOCIATED WITH REDEVELOPMENT FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 13 AND OTHER PROJECTS. GENERALLY LOCATED AT LAKE POINTE DRIVE AND BRIDGEWATER DRIVE (�VARD 11: MOTION by Councilmember Bolkcom to open the public hearing at 8:42 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:42 P.M. Ms. Dacy explained that this application was to amend the zoning text for the size of parking spaces in parking structures and would establish some standards. Medtronic requested a minimum parking stall size of 8.5 feet wide by 18 feet in length and a two way drive aisle width of 24 feet. Currently, the City does not differentiate between parking lots and parking ramps. The cunent standards for parking stall size (10 feet wide by 20 feet long) and drive aisle width (25 feet) were established years ago when the average size of vehicles was much larger than those used today. Staff completed a survey of other metropolitan parking structures and found stalls ranging from 8.5 feet wide to 10 feet wide and from 16.5 feet to 20 feet in length. The two-way drive aisles ranged in width from 24 feet to 26 feet. Additionally, a number of various vehicles were measured from bumper to bumper, and the width was measured from side-view mirror to side- view mirror. Staff suggested that a zoning code be created which differentiates between a low-turnover use versus a high-turnover use. The Planning Commission reviewed this request and recommended a zoning text change to create a parking stall standard of 8.5 feet wide by 18 feet in length for uses such as corporate campuses, industrial buildings, etc., and create a 24 foot wide two-way drive aisle. A slightly larger stall is recommended for commercial and retail uses of 9.5 feet wide by 18 feet in length. MOTION by Councilmember Billings to close the public hearing at 8:50 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:50 P.M. NEW BUSINESS:, 17. RESOLUTION NO. 34-1999, APPROVING A MASTER PLAN/PROJECT PLAN IN A S-2 REDEVELOPMENT DISTRICT FOR MEDTRONIC, INC. (WARD 11: MOTION by Councilmember Billings to approve a Master Plan/Project Plan in an S-2 Redevelopment District for Medtronic, Inc., with the following stipulations: l. The petitioner shall construct the proposed development in accordance with the Mast�r Plan labeled as "Master Site Plan", C101, and dated March 10, 1999. Phase I constructi�n FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 1999 � PAGE 14 shall be constructed in accordance with the plans labeled and dated below except as modified by other stipulations in this and other approvals: Phase I Layout Plan, C062, dated March 10, 1999 Phase I Grading Plan, CO 63, dated March 10, 1999 Phase I Utility Plan, CO 64, dated March 10, 1999 Phase I Utility Plan, Bridgewater Drive, C064a, dated March 10, 1999 Phase I Erosion Control Plan, CO 65, dated Nlarch 10, 1999 Phase I Planting Plan, CO 66, dated March 12, 1999 Phase I Erosion Control Details, CO 67, dated March 12, 1999 Building Elevations, A100, dated March 12, 1999 2. Plat applications shall be submitted and approved prior to each phase of development of the property. 3. All uses in the development shall be those uses Medtronic currently has in place at its Rice Creek Campus, together with other uses necessary to the operat:on of the petitioner's business or typical office business uses, including the following: a. light manufacturing or assembly of any products the petitioner sells from time to time, including clean room manufacturing; b. Research and development activities; c. Some warehousing activities (needed for product assembly); d. Conference and training facilities; e. Office activities and reasonably related uses including uses reasonably incident to a primary or secondary headquarters facility for a manufacturing company, including day care, food service and other sundry retail uses. 4. Detailed architectural plans of each building shall be approved by the city prior to issuance of the building/shell permit. The City shall approve the type of materials uses on the exterior walls. The exterior of the parking structure shall be constructed with materials consistent with the materials of the office buildings. No less than 50% of the parking materials shall be covered with the same masonry materials used on the adjacent buildings (i.e. brick, stone, etc.). 5. A comprehensive signage plan shall be reviewed and approved by the City Council prior to issuance of the first sign permit. At minimum, the signage plan shall address the following: a. Wall signs shall meet the wall sign requirements of the sign eode. b. No free-standing pylon signs are permitted. c. Heights, width, illumination and type of all signs shall be clearly identified. d. All monument or freestanding signs shall be set back 10 feet from property lines. e. The petitioner shall receive a sign permit prior to installation of each sign. 6. The petitioner shall submit a Transportation Demand Management Plan for City rev��w and approval prior to initiation of construction for Phase II. FRIDLEY CITY COUNCIL MEETING OF APRIL 26. 1999 PAGE 15 7. The petitioner shall comply with the final AUAR and plan for mitigation adopted by the City Council on April 12, 1999. 8. The petitioner shall comply with the Indirect Source Permit (ISP) 99-xx (number to be assigned by MPCA). 9. Appropriate permits from the Rice Creek Watershed District, Six Cities Watershed Management Organization and the Minnesota Pollution Control Agency shall be obtained prior to the issuance of a building permit. Detailed engineering plans and calculations shall be submitted in conjunction with plat applications and building permit applications for review and approval by the City. 10. The petitioner shall comply with the stipulations of Vacation #99-01, Plat #99-01, Special Use Permit #99-02, and Zoning Text Amendment #99-01. 11. A final landscaping and irrigation plan shall be submitted prior to the issuance of the first building/shell permit. Underground irrigation shall be provided to all appropriate landscaped areas, including the area around Jackson and Quincy Streets, and Bridgewater Drive. The landscaping plan shall be amended to include installation of 10-foot evergreen trees on the north side of the parking structure. 12. All construction shall comply with the City's appropriate fire and building codes. The location, dimensions, and surface material of the fire protection road shall be approved by the City Fire MarshalL 13. The Central Plan facility shall conform to the following requirements: a. Utilize Series V Cooling Towers (Model No. VTI-1125-P) with centrifugal fans or similar equipment with equivalent sound levels. b. Install a structural screen for each of the cooling towers adjacent to residential land uses sufficient to provide the minimum decibel attenuation needed to comply with MPCA daytime and nighttime standards. For the Series V Cooling tower (Model No. VTI-1125-P), a minimum of four decibels of attenuation is required to achieve compliance with applicable standards. c. Consider extension of the screen walls 1 to 2 feet above the top of the cooling tower if this can be accomplished without danger of reingestion of exhaust air into the intake. d. Consent to noise monitoring of constructed cooling towers as deemed necessary by the City and reimburse the City for noise monitoring costs. e. Agree to modify cooling tower equipment or construct additional screening if noise monitoring documents that actual sound levels generated by the central plant exceed state noise standards. 14. A detailed lighting plan for the development, including the street and parking structure lights, shall be submitted prior to issuance of the first building/shell permit. The height of the light standards on Bridgewater Drive shall not exceed twenty feet, and the height of the standards on the top level of the parking structure shall not exceed thirty feet. � FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 16 15. The petitioner shall comply with the requirements of the Housing and Redevelopment Authority's Redevelopment Contract. 16. Multi-level parking structures shall be constructed with each phase of the development. The ramp for Phase I shall be constructed with two levels below grade. 17. The following circumstances shall be deemed as a"substantial change" and require additional review by the Planning commission with final approval by the City Council: a. Increase in building square footage beyond 1,600,000 square feet; b. Increase in building height beyond 10 stories; c. Increase in parking structure height above the parking structure in Phase I; d. Changes in building usage other than permitted in Master Plan and the HRA's Redevelopment Contract; e. Any change which does not meet the City and HRA approved conditions and stipulations pertaining to the development. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings requested that Item 19 be discussed prior to Item 18, as the decision of Item 19 may affect the action on Item 18. MOTION by Councilmember Billings to table Item 18 until after Item 19 has been acted upon. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. RESOLUTION APPROVING A VACATION SAV #99-01 VACATING A PORTION OF CARRIE LANE, OUINCY STREET AND JACKSON STREET (BY MEDTRONIC. INCJ (WARD 1Z Ms. Dacy, Director of Community Development, explained that this request was to vacate a portion of Carrie Lane. The new parkway proposed for the development would eliminate the reverse curve which remains now. As part of that effort, six homes would be removed as well as the existing storm ponds. At the Planning Commission meeting on April 7, two different options were discussed. These options were also discussed at the March 3 neighborhood meeting. The Planning Commission recommended approval of the vacation request, based on Option 1 with six stipulations. Option No. 1 would make Quincy Street a dead-end street, and Jackson Street would become a cul-de- sac. One of the six stipulations recommended that staff try to find a way to obtain the best of both options, which would provide both screening and the road connection. A detailed land survey was completed by the petitioner of the area where the six homes would be removed. More detailed elevation information was obtained, and the engineer was able to identify another option whereby the retaining wall would not be required, but would provide for a 24 foot wide road connection between Quincy and Jackson Streets (Option 2A). Ms. Dacy provided a diagram of the new proposed option. This option would create an adequate area for a row of trees between Carrie Lane and the new park�•ay, Ms. Dacy noted that this option would also provide for an 8-foot wide bikepath connection. The other alternative would be to go back to the original plan and acquire the seventh home so that Carrie Lane could be reconstructed at a 40-foot width. Ms. Dacy noted that staff used the following criteria in determining their options: Adequate roadway width for plowing and fire vehicles; Maintaining existing street and bikeway connections; Municipal State Aid street standards; and Adequacy of land area to create vegetative screening. In looking at this criteria, the very best option is the original plan which would require the acquisition of the seventh property, with Option 2A being the next best option. Mr. Kenny Horns, Engineer representing Medtronic, Inc., was present to discuss Option No. 2A with Council. He noted that he worked closely with City staff on the realignment of the parkway and some of the revisions to the public utilities. Since the plans were originally submitted, the building plans and site work have been refined. Mr. Horns noted that, generally, the grade of the new street proposed as "Lake Pointe Drive" would be matched in with the existing grade west of Quincy Street within one to two feet. This would allow the developer to keep the existing vegetation in place. Councilmember Billings asked how this would affect the parking ramp. Mr. Horn responded that the street level of the parking structure would be raised one-half of a level, with the final height of the ramp roughly three feet higher than originally proposed. Another change, was that the location of the parking ramp will be moved ten feet to the south — further away from the residential properties. Ms. Dacy noted that a petition was received from the residents in the neighborhood on Apri121, 1999, requesting that Council reconstruct Carrie Lane to its current 40-foot state aid width and to provide buffering and landscapin�. MOTION by Councilmember Billings to receive the petition dated April 12, 1999 into the record. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE; ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Burns, City Manager, asked if the shifting of the parking structure would affect the location of the other buildings in Phase I of the development plans. Mr. Horn responded in the affirmative. All of the buildings, with the exception of the Research Building, have been moved approximately ten feet to the south as well. Councilmember Billings noted that the Plannio�ommissian�ore co cernedOwpth sc eening however, it appeared to him that the Plamm�g Y the neighborhood to the north. Since those were the only two options available to them, t e chose Option No. 1, as it provided the screeni be accom 1 shed, ihwould be most fa orableon whereby both the screening and connection could P As requested by Councilmember Bolkcom, a letter �aase0 tiontNo.el ewouldsaffec 8the traffic Madison Street and Helene Place to get their mpu , p pattern in the neighborhood. Councilmember Billings noted that he received seven telephone calls, all of which indicated that they WOat erns as � losely aaskpossible to he e�xi ti g tsraffic connected in order to maintain the traffic p patterns. Ms. Dacy noted that her department received nine telephone calls — eight were in favor of Option No. 2; and one was in favor of Option No. 1. Councilmember Billings noted that some of the telephone c ellds hatrthelneighborhood along duplications of calls that staff received. However, it appear Madison Street, 58`�' Avenue and Helene Place would prefer to see the roadways connected in a manner similar to that way it was. Addition �oYseehthe two streetstconnec ed with a 40-foot different households stating that they would like wide roadway. Councilmember Bolkcom stated that she felt Option No. 1 would have a very significant impact on the traffic pattern in the neighborhood. Councilmember Barnette stated that he heard resid O t onrNoo2A would �emove thee eta ning retaining wall and the lack of adequate screemng p wall but would only provide a 24-foot wide roadway, rather than �he 40-foot wide roadway that the residents would prefer to see. Mayor Jorgenson stated that she believed it was important to maintain the continuity of the streets in the neighborhood. Mr. Richard Young, 5695 Quincy Street, stated that his concern was the increase in noise volume with the raise in street elevation and the estim an would helhto allevia e some of the ncrease n stated that he was hopeful that the vegetation pl P traffic noise. Councilmember Bolkcom noted that traffic noise from Interstate 694 would likely be reduced for those neighbors with the buildings on the site. Mr. Ed Hondl, 685 - 57`" Avenue, stated that adwa n Additionally�the prop sed width ofeCarrie especially with the raise in elevation of the ro y Lane under Option No. 2A would be one foot narroless.than what would be required for a driving aisle in a parlcing ramp where traffic speeds are far Mr. Bob Gordier, 5705 Quincy Street, stated that ne hbo hoodemeOeping. No. 1. He asked what the results were of the survey done at the March 3 g Ms. Dacy noted that they received 25 responses — 13 were in favor of Option No. 1; 11 were in favor of Option No. 2; and one asked that the road be left as it currently stands. Mr. Gordier asked what the setback requirements were. Ms. Dacy provided the code require- ments for both side yard and front yard setbacks. A discussion followed with regard to the property located at 5675 Quincy Street, and how close the garage would be to the new lot line. Ms. Dacy noted that the configuration would likely put the garage in a non-conforming status. Ms. Jane Griffith, 5675 Quincy Street asked how the non-conforming status would affect their property. Ms. Dacy noted that they would not be affected if the garage were to remain as it exists today. However, if there were ever a situation whereby over fifty percent of the structure were damaged, or they wished to add to the garage, they would need to obtain a variance to allow it. Ms. Griffith stated that she felt the 24 foot wide roadway would be beneficial, as it may prevent cars from speeding. She asked if a decibel level had been researched to determine how the speed of traffic would affect sound levels. Ms. Dacy explained that this type of analysis was done as part of the AUAR study. It was determined that the decibel level would be below the standards. Mr. Tony Nelson, 700 - 57"' Avenue, stated that his property was directly across from the Griffith property. (He noted that the map does not accurately depict the location of his driveway as it is directly across from the driveway at 5675 Quincy Street.) His concern was for the safety of his children. He asked if a fence could be constructed. Ms. Dacy noted that Austrian Pines or spruce trees would be added to the pine trees that currently exist on that property. She believed that this would make it a little more difficult for small children to get out onto the roadway. Mr. Hondl, 685 - 57`h Avenue, stated that he had concerns in decreasing the width of Carrie Lane from 40 feet to 24 feet. He felt that would present a safety hazard when vehicles are going around the loop. He noted that the non-conforming garage on the Griffith property could essentially become a problem in the event that the property was sold. He asked why more money was not offered to the Griffiths so that this property would be acquired as well. At this point, money that could have been used to purchase the property was being spent trying to come up with an option that would be suitable to the neighborhood without purchasing that property. Councilmember Billings asked if Option No. 2A would allow enough space for two rows of trees between Carrie Lane and Bridgewater. Ms. Dacy responded in the negative. Councilmember Billings stated that while he would prefer Option No. 2A over Option No. 1 or No. 2, he requested that Medtronic's re-approach the homeowner of 5675 Quincy Street to see if there was any possibility of acquiring the property for the following reasons: • the sharpness of the curve between Quincy Street and the relocated Carrie Lane; � the lack of a 40-foot street width; • the non-conforming use of the garage at 5675 Quincy Street; • screening — visual, sound, odors, etc — and the ability to screen the neighborhood from Bridgewater. Councilmember Billings stated that he felt the original proposal should be looked at seriously. If they are unable to reach an agreement to purchase the property, he felt there is adequate public purpose for Council to consider the possible of acquisition by eminent domain. Mr. Bob Gordier, 5705 Quincy Street, stated that Mr. and Mrs. Griffith have been wonderful neighbors over the years, and he sincerely hoped that nothing would be done to hurt that. Councilmember Bolkcom stated that no one wanted to displace someone from his or her home. However, in cases such as this, Council must look at all of the different options and determine which one makes the most sense for the entire area. MOTION by Councilmember Billings to table this time until the May 10, 1999 City Council meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, �L M ED UNAN MOUSLYAYE, MAYOR JORGENSON DECLARED THE MOTION CARRI MOTION by Councilmember Billings to request that staff inform Medtronic that the preferable roadway configuration would include the removal of the property at 5675 Quincy Street and the connection of Quincy Street and Jackson Street with a typical roadway width; and that staff transmit immediately to Medtronic a request that they re-negotiate the purchase of the property with the owners. Furthermore, he asked that staff begin to assemble information that they felt was necessary to help Council establish a public purpose for the possibility of condemnation of the property. Seconded by Councilmember Barnette. Councilmember Billings noted that thi out for he best interests of the ent re ci ynever have to be forced to make; however, he must look UPON A VOICE VOTE, ALL ME D UNANIMOUSLYAYE, MAYOR JORGENSON DECLARED THE MOTION CARRIE 18, pRELIMINARY PLAT RE UEST P.S. #99-01 BY MEDTRONIC INC. TO CREATE FRIDLEY EXECUTITE DRIVERAND BRIDGEWATER DRIVE LOCATED AT LAKE POIN fVV� A� 11: MOTION by Councilmember Billings to table action on this item until the May 10, 1999 City Council meeting; and that if the purchase negotiations are successful before that meeting, that necessary changes are made to the plat be incorporated. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UANIMOUSLY. 2�. F1K51 Kr.ALli�� vr r�l. V1Wa+.-,_.--- -- CODE CHAPTER ZOS C,rION 205 04 OZONINGBTEXT MENDMENT IZTA 205.03 AND ADDING SE FRIDLEY CITY COUNCIL MEETING OF APRIL 26,1999 PAGE 21 #99-011, BY MEDTRONIC. INC. FOR PROPERTY GENERALLY LOCATED AT LAKE POINTE DRIVE AND BRIDGEWATER DRIVE (WARD 1Z MOTION by Councilmember Billings to concur with the recommendations of the Planning Commission and to approve the first reading of the proposed Text Amendment, ZTA #99-01 as presented. Seconded by Councilmember Barnette UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 21. SPECIAL USE PERMIT REOUEST, SP #99-02, BY MEDTRONIC INC TO ALLOW FOR A NINE-FOOT WIDE PARKING SPACE IN A S-2 REDEVELOPMENT DISTRICT. GENERALLY LOCATED AT LAKE POINTE DRIVE AND BRIDGEWATER DRIVE (WARD 1Z MOTION by Councilmember Billings to concur with the recommendation of the Planning Commission and to approve Special Use Permit #99-02 as presented. Seconded by Council- member Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 22. RESOLUTION NO. 35-1999 COMMITTING FUNDS TO COMPLETE STRIPING IMPROVEMENTS AT THE 7T" STREET AND S%TH AVENUE INTERSECTION BY THE YEAR 2010 fWARD 1Z Ms. Dacy, Director of Community Development, explained that this request was brought forward by staff as a result of the completion of the Indirect Source Permit application for MPCA. One of the improvements that was identified by the traffic study and application suggested that there be turn lanes at the intersection of Seventh Street (left turn lane) and 57`�' Avenue (right turn lane). The MPCA asked for a commitment that those striping improvements be completed by the year 2010. MOTION by Councilmember Billings to approve the adoption of Resolution� No. 35-1999, Committing Funds to Complete Striping Improvements at the Seventh Street and 57`�' Avenue Intersection by the Year 2010. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 23. FIRST READING OF AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA TO REPEAL CHAPTER 404 ENTITLED "GAS FRANCHISE" AND ADOPT A NEW CHAPTER 404 ENTITLED "GAS FRANCHISE:" MOTION by Councilmember Barnette to Approve the First Reading of An Ordinance Amending the City Code of the City of Fridley, Minnesota, to Repeal Chapter 404, Entitled "Gas Franchise" and Adopt a New Chapter 404, Entitled "Gas Franchise". Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF APRIL 26.1999 PAGE 22 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENS01�1 DECLARED THE MOTION CARRIED UNANIMOUSLY. 24. FIRST READING OF AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA TO INCLUDE A NEW CHAPTER 408 ENTITLED "ELECTRIC FRANCHISE:" MOTION by Councilmember Barnette to Approve the First Reading of an Ordinanee Amending the City Code of the City of Fridley, Minnesota to Include a New Chapter 408, Entitled "Electric Franchise." Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 24(a). CONSIDERATION OF RESOLUTION NO. 36-1999. A RESOLUTION DETERMINING THAT CERTAIN PARCELS ARE OCCUPIED BY STRUCTURALLY SUBSTANDARD BUILDINGS AND ARE TO BE INCLUDED IN A TAX INCREMENT FINANCING DISTRICT: Ms. Dacy, Director of Community Development, explained that the HRA will be approving a companion resolution on the same topic. She noted that there are some laws being considered by the legislature this summer which would establish a May 1, 1999 deadline for certain issues affecting tax increment funds and their use outside tax increment districts. The HRA recently acquired two properties, which will become part of the Gateway East, Redevelopment Project. This resnlution would give the HRA a period of three years from the date of approval to file a request for certification of these sites as part of a district. MOTION by Councilmember Bolkcom to approve the adoption of Resolution No. 36-1999, A Resolution Determining that Certain Parcels are Occupied by Structurally Substandard Buildings and Are to be Included in a Tax Increment Financing District. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS: Mayor Jorgenson noted that Ms. Diane Ferry, Fridley High School French Teacher, was still attempting to find host homes for French students who will be coming to visit Fridley. If anyone is interested, they are asked to contact Ms. Ferry at 502-5760. Mayor Jorgenson stated that she was notified by the Minnesota Department of Trade and Economic Development that the City's application for the Minnesota Investment Fund Grant was approved in the amount of $25,000 to assist in the expansion of Harper's processing plant. Mayor Jorgenson noted that the 25"' Anniversary of the Minnesota Association of Municip�l��i�� would be celebrated at their meeting on May 20, 1999. FRIDLEY CITY COUNCIL MEETING OF APRIL 26 1999 PAGE 23 Councilmember Barnette stated that the video for the 50`� Anniversary Task Force has been completed. Councilmember Bamette reminded residents that Fridley Historical Society calendars can be ordered by calling the Historical Society. After sixty orders have been received, they will place the order. Cost is $8.00 each. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting at 10:40 p.m. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JOIZGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE APRI�. 26, 1999 MEETING OF THE FRIDLEY CITY COUNCIL WAS ADJOURNED AT 10:40 P.M. Respectfully submitted, Tamara D. Saefke Nancy J. Jorgenson Recording Secretary Mayor CfTY OF FRIDLEY TO: FROM: DATE: SUBJECT: William W. Burns M E M O R A N D l! M City Manager The Honorable Mayor and City Council William W. Burns, City Manager May 6, 1999 Gas Franchise Attached for second reading is the ordinance pertaining to the City's gas franchise with Minnegasco and the official title and summary ordinance. There were no changes or corrections made to the ordinance after its first reading. Staff recommends that the City Council adopt the second and iinal reading of this ordinance, and approve the official title and summary ordinance and order its publication. WWB:rsc Attachments 1.01 ORDINANCE NO. ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO REPEAL CHAPTER 404, ENTITLED "GAS FRANCHISE" AND ADOPT A NEW CHAPTER 404, ENTITLED "GAS FRANCHISE" The City Council of the City of Fridley does ordain as follows: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms shall have the following meanings: 1.1. City. The City of Fridley, County of Anoka, State of Minnesota. 1.2. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by the City or agency thereof, including sewer and water service, but excluding facilities for providing heating or other forms of energy. 1.3. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government that preempts all or part of the authority to regulate gas retail rates now vested in the Commission. 1.4. Company. Reliant Energy Minnegasco, a Division of Reliant Energy Resources Corporation, its successors and assigns, including successors to assignees of those portions of the Company that constitute any part of parts of the Gas Facilities subject to this franchise. 1.5. Effective Date. The date on which the ordinance becomes effective under Section 2.2. 1.6. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.7. Gas Facilities. Gas transmission and distribution pipes, mains, lines, ducts, fixtures, and all necessary facilities, equipment and appurtenances owned, operated or otherwise used by the Company for the purpose of providing gas energy for public use. 1.8. Non-Betterment Costs. Costs incurred by the Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Facilities. 1.9. Notice. A writing served by a party or parties on another party or parties. Notice to Company must be mailed to: Reliant Energy Minnegasco V.P., Mazketing & Customer Services 800 LaSalle Avenue Minneapolis, MN 55402 1 1.02 Notice to City must be mailed to: City Clerk City of Fridley 6431 University Avenue N.E. Fridley, MN 55432-4383 Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.10. Public Way. Any street, alley or other public right-of-way within the City. 1.11. Public Ground. Land owned or otherwise controlled by the City for parks, open space or similar public purpose. SECTION 2. FRANCHISE. 2.1 Grant of Franchise. The City grants the Company, for a period of [twenty (20) years] from the Effective Date, the right to import, manufacture, transport, distribute and sell Gas for public and private use within and through the limits of the City. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, the Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Way and Public Ground subject to the provisions of this ordinance. The Company may do all things reasonably necessary or customary to accomplish these purposes, subject to other applicable ordinances, permit requirements and to further provisions of this ordinance. 2.2 Effective Date. This franchise is effective from and after its acceptance by the Company. Written acceptance or rejection of franchise by the Company must be filed with the City Clerk within sixty (60) days after publication of this ordinance. If the Company fails to respond in writing within the above stated time, the franchise will be considered approved by both parties. 2.3 Non-exclusive Franchise. This ordinance does not grant an exclusive franchise. 2.4 Publication Expense. The expense of publication of this ordinance must be paid by the Company. 2.5 Default and Dispute Resolution. If the City or Company asserts that the other party is in default in the performance of any obligation hereunder, the complaining party must notify the other party in writing of the default and the desired remedy. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days after service of the notice, the parties may � jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of the mediator. If a mediator is not used or if the parties aze unable to resolve the dispute within thirty (30) days after first meeting with the mediator, either party may 2 1.03 commence an action in District Court to interpret and enforce this franchise or f�y�� . relief as may be permitted by law or equity. 2.6 Continuation of Franchise. If this franchise expires and the City and the Corn�;;-�. unable to agree on the terms of a new franchise, the existing franchise and asso�;a� franchise fees imposed on the Company by separate ordinance as described in �e:� , _ this Ordinance, will remain in effect until a new franchise is agreed upon, or u�a.�a:� ". . t� . after the City or the Company serves written Notice to the other party of their in��: ; a�,> allow the franchise agreement to expire. SECTION 3. CONDITIONS OF USE. 3.1 Location of Facilities. Gas Facilities must be located, constructed, installed an� �k �:` �- _�� �° so as not to interfere with the existing City Utility System or the safety and conv�, �. _ ordinary travel along and over Public Ways. Gas Facilities may be located on �b::�,�, Grounds as determined by the City. The Company's construction, reconstructio�w,, „�: E.: ��, repair, maintenance and location of Gas Facilities is subject to other ordinances aan� b�.�����.��s��. of the City, with the requirements of such being no more restrictive than those �� �;_: .--��' �: other energy suppliers requiring the use of the Public Way. 3.2 Field Location. Upon request by the City, the company must provide field locat�c,��� �e�� ��� of its Gas Facilities within the period of time required by Minnesota State Statt���; '. �� 3.3 Permit Required. The Company may not open or disturb the surface of any Pu��S �� -�v �,��,Y° Public Ground without first having obtained a permit from the City, if required by � sep���� ordinance, for which the City may impose a reasonable fee. The permit conditi���� �k�r;�.��F.€;� on the Company may not be mare burdensome than those imposed on other utilitfl�s fo� similar facilities or work. The Company may, however open and disturb� the sur��P.:�; �;b r�� Pubic Way or Public Ground without a permit if (i) an emergency exists requiring=; ��F: immediate repair of Gas Facilities and (ii) the Company gives notice to the city ��� �� :., ::f possible, commencement of the emergency repair. Within two business days afte� commencing the repair, the Company must apply for any required permits and pa.�;� ��°;� required fees. 3.4 Restoration. After completing work requiring the opening of a Public Way or ���lic Ground, the Company must restore the same, including paving and its foundati��; �-<� ':�-��; condition formerly existing and maintain the paved surfaces in good condition fc:� �>�re�� thereafter. The work must be completed as promptly as weather permits. If the �; ��riy does not promptly perform and complete the work, remove all dirt, rubbish, equ��fr �: �xid material, and restore the Public Way or Public Ground, the City may, after dem��:;:: `" `�� Company to cure and the passage of a reasonable period of time not less than fi�:: �::�lar days following the demand, make the restoration at the expense of the Compan�� '' Company must pay to the City the cost of such work done for or performed by i�,.<. ,f, including administrative expense and overhead, plus ten percent of cost and ad�rii,r ?��v� expense. This remedy is in addition to any other remedies available to the City �'�., noncompliance with this section. Given the remedy outlined in this section 3.4 a�.�< �� �. ��-�- City for noncompliance by the Company, the City hereby waives any requi��m�r5:` , Company to post a construction performance bond, certificate of insurances �etYeA `.�.� �y�° any other form of security or assurance that may be required, under separat� ex���F� ,°�r��t�� ordinance of the City. 3 1.04 3.5 Company Protection of Gas Facilities in Public Ways. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons, property or the elements. The Company and the City will comply with all applicable laws and codes when performing work near the Gas Facilities. 3.6 Notice of Improvements. The City must give the Company reasonable notice of plans for improvements to Public Ways or Public Ground. The notice must contain; (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and, (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to the Company a sufficient length of time in advance of the actual commencement of the work to permit the Company to make any necessary additions, alterations, or repairs to its Gas Facilities. If streets are at final width and grade and the City has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the City may require the Company to install gas service connections prior to such paving or resurfacing, if it is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines by the proper exercise of its police power to vacate a Public Way for a City improvement project, or to grade, regrade or change the alignment of any Public Way, or construct or reconstruct any City Utility System in any Public Way, the City may order the Company to relocate its Gas Facilities at the Company's expense. The City must give the Company sufficient notice of plans to vacate for a City improvement project, or to grade, re-grade, or change the alignment of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five (5) years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City will reimburse the company on a time and material basis for Non-Betterment Costs. If any subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, the City may require the Company to make the subsequent relocation at the Company's expense. Nothing in this ordinance requires the Company to relocate, remove, replace or reconnect its Facilities at the Company's expense where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. The City will not require the removal of abandoned natural gas facilities, unless these facilities are in direct conflict with a Public Way grade change or proposed City Utility System or City improvement. The provisions of this section 4.1 apply only to Gas Facilities constructed in reliance on this franchise and the Company does not waive its rights under an easement in the Public Way. 4.2 Relocation of Gas Facilities in Public Ground. The City may, by the proper exercise of its police power, require the Company to relocate the Gas Facilities within or remove the Gas Facilities from Public Ground, upon a finding by City that the Gas Facilities have become or will become a substantial impairment of the public use or enjoyment to which the Public Ground is or will be put. The relocation or removal will be at the Company's expense. The 4 1.05 provisions of this Section 4.2 apply only to Gas Facilities constructed in reliance on this franchise and the Company does not waive its rights under an easement or prescriptive right in the Public Ground. The City will not require the removal of abandoned natural Gas Facilities in Public Ground, unless these facilities have become or will become a substantial impairment of the public use or enjoyment to which the Public Ground is or will be put. 4.3 Vacation of Public Ways. The City must give the Company at least three-weeks' Notice of the proposed vacation of a Public Way. Except where required for a City street or other improvement project or as otherwise provided in Section 4.1, the Vacation of a Public Way, after the installation of Gas Facilities, does not deprive the Company of its rights to operate and maintain the Gas Facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company by the City. If the vacation of Public Way does not require the relocation of existing Gas Facilities, the City shall reserve a utility easement to the Company, created by and within the document establishing the vacation, or the City will preserve a right-of-way in the manner permitted by law. 4.4 Projects with Federal Funding. Relocation, removal or rearrangement of any Gas Facilities made necessary because of the extension into or through the City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46. SECTION 5. DEFENSE AND INDEMNIFICATION. 5.1 Terms. The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless frorri any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair or removal of Gas Facilities on or across the Public Way and the Public Ground of the City, unless such injury or damage is the result of negligence of the City, its elected officials, employees, officers, or agents. The City shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. 5.2 Litigation. If such a suit is brought against the City under circumstances where the agreement in this Section 5 to indemnify applies, the Company at its sole cost and expense will defend the City in such suit if Notice thereof is promptly given to the Company within a reasonable period. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent will not be unreasonably withheld. This section is not as to third parties a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City is entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 6. SUCCESSORS IN INTEREST. 6.1 Successors in Interest. This ordinance and the rights and obligations conferred hereby, i� binding on and inures to the benefit of the City and its successors and on the Company a.�� x�� successors and permitted assigns. 5 1.06 SECTION 7. FRANCHISE FEE. 7.1 Separate Ordinance. During the term of the franchise hereby granted, and in lieu of any permit, licensing, or other fees, charges, or costs imposed on the Company for providing gas service or performing work necessary to provide gas service in the City during the term of this franchise, the City may impose on the Company a franchise fee. In addition to the franchise fee, the Company shall be required to pay only such other fees, charges, costs or taxes which are generally required to be paid by other businesses or persons in the city. The franchise fee must be imposed by a separate ordinance adopted by the City Council, which ordinance may not be adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. A fee imposed under this section does not become effective unti160 days after Notice enclosing the adopted ordinance has been served upon the Company by certified mail. 7.2 Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee or tax of the same or greater equivalent amount on the sale and/or delivery of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority to require a franchise fee or impose a tax. The Company may petition the City to exempt the franchise fee applicable to customers who (i) physically bypass or (ii) unequivocally document in writing their intention and ability to physically bypass the Company's Gas Facilities for economic reasons, including the existence of a franchise fee. The City shall not unreasonably withhold such exemption in franchise fees for such customers. 7.3 Calculation of Fee. The City may impose the franchise fee: (i) as a combination of percentage of gross revenues received from customers in the Residential Customer Class for its utility operations within the City and as a flat meter fee per customer, for customers in non- residential customer classes, or (ii) as a flat meter fee per customer within the City, or (iii) as a fee based on units of gas delivered to any class of retail customers within the corporate limits of the City. The method of imposing the franchise fee described above: percent of revenue (i), flat fee (ii), or per unit fee (iii), may differ for each customer class. If prior to the expiration of this ordinance, customers in Minnegasco's Residential Customer Class begin to purchase and/or transport gas from companies other than Minnegasco, the City may only impose the flat fee mefhod (ii) or the units of gas method (iii), as a way of collecting fees. If the percentage of gross revenue method (i) has previously been implemented, it must be changed to method (ii) or method (iii). 7.4 Collection of the Fee. The franchise fee will be payable not less often than quarterly and based on any of the alternative formulas described in Section 7.3 during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed by ordinance from time to time; however, each change must meet the same notice requirements and may not be made more often than annually. The fee may not exceed any amount that the Company may legally charge to its customers, prior to payment to the City, by imposing a surcharge equivalent to such fee in its rates of gas service. The Company may pay the City the fee based upon the surcharge billed, subject to subsequent reductions for uncollectibles or customer refunds. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 6 1.07 SECTION 8. LIMITATION ON APPLICABILITY. 8.1 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and the Company. No provision of this franchise inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. SECTION 9. PREVIOUS FRANCHISES SUPERSEDED. 9.1 Previous Franchise Superseded. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. SECTION 10. AMENDMENTS. 10.1 Amendments. This ordinance may be amended at any time by the City. An amendatory ordinance becomes effective upon the filing of the Company's written consent thereto. SECTION 11. CHANGE IN FORM OF GOVERNMENT. 11.1 Change in Government. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 12. SEVERABILITY. 12.1 Severability. If any portion of this franchise is found unenforceable for any reason, the validity of the remaining provisions will not be affected. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1999. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: April 12, 1999 First Reading: Apri126, 1999 Second Reading: May 10, 1999 Publication: NANCY J. JORGENSON - MAYOR � 1.08 ORDINANCE NO. OFFICIAL TITLE AND SUI�lARY I. Title An ordinance amending the City Code of the City Of Fridley, Minnesota, to repeal Chapter 404, entitled "Gas Franchise" and adopt a new Chapter 404, entitled "Gas Franchise". II. Summary The City Council of the City of Fridley does hereby ordain as follows: The ordinance repeals the existing ordinance and grants Reliant Energy Minnegasco the right to import, manufacture, transport, distribute and sell gas for public and private use within and through the limits of the City. Reliant Energy Minnegasco may construct, operate, repair and maintain gas facilities in, on, over, under and across the public way and public ground subject to provisions of the ordinance. This ordinance is for a period of twenty (20) years and does not grant an exclusive franchise. III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's Gas Utility Franchise Ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue NE, Fridley, Minnesota, 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 1.09 NANCY J. JORGENSON - MAYOR � L CI'TY OF FRIDLEY TO: FROM: DATE: William W. Burns M E M O R A N D 11 M City Manager The Honorable Mayor and City Council William W. Burns, City Manager �� May 6, 1999 SUBJECT: Electric Franchise Attached for second reading is the ordinance pertaining to the City's electric franchise with Northern States Power and the official title and summary ordinance. There were no changes or corrections made to the ordinance after its first reading. Staff recommends that the City Council adopt the second and final reading of this ordinance, and approve the official title and summary ordinance and order its publication. WWF3:rsc Attachments 2.01 ORDINANCE NO. ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO INCLUDE A NEW CHAPTER 408, ENTITLED "ELECTRIC FRANCHISE" The City Council of the City of Fridley does ordain as follows: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Fridley, County of Anoka, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Non-Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Law Department, 414 Nicollet Mall, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Clerk, 6431 University Avenue N.E., Fridley, MN 55432-4383. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of-way within the City. 2.�2 SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years, the right to transmit and fi�rnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the fiirther provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by Company, and its publication as required by law. An acceptance by Company must be filed with the City Clerk within 90 days after publication. 2.3 Service, Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance shall be paid by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties aze unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Locafion of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of oxdinaz'Y travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities may be located on Public Grounds as deternuned by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. 2.�3 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Sta.tutes, Chapter 216D. 3.3 Permits Required. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a pernut from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy sha11 be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.6 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while perfornung any activity. 3.7 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds 2.fl4 upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. Except as provided in Section 43, if the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Company sha11 relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for Non-Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4.3, City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable Non-Betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 2.05 4.4 No Waiver. The provisions of Section 4 apply only to Electric Facilities constructed in reliance on a franchise and Company does not waive its rights under an easement or prescriptive right, or State or County permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City hannless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and a111iability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense sha11 defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent sha.11 not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the insta.11ation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minneso�a Statutes, Section 160.29. 2..06 SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee not to exceed an amount determined by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance, as a percentage of Gross Revenues from the Public Street & Highway Lighting Class, as a percentage of Gross Revenues or a monthly meter charge from the Residential Class, or as a monthly meter chazge from any other Customer Classification, from each customer in the designated Company Customer Classification for electric service at each and every customer location within the City based on a Fee Schedule form similar to the following: Customer Classification Residential Small C& I and Municipal With No Demand Charge Small C& I and Municipal With Demand Charge Large C& I- Secondary Voltage Large C& I- Primary Voltage & Above Public Street & Highway Lighting Amount per Month The franchise fee amount collected from each and every customer location in a Customer Classification shall be determined so that the total franchise fee amount collected annually from all customers in such Customer Classification does not exceed what is estimated by Company to be four percent of the total annual Gross Revenues from such Customer Classification. The franchise fee imposed on all customers within a non-residential Customer Classification shall not exceed an amount which is estimated by Company to be five percent of the average annual bill collected from customers in the Small Customer Group in such Customer Classification. The Small Customer Group for each non- residential Customer Classification with more than 50 customers shall constitute 25 percent of the actual customers within the City in such Customer Classification which are estimated by Company to be the customers from which Company collects its lowest annual revenues within such Customer Classification. The Small Customer Group for each non-residential Customer Classification with 50 or fewer customers shall constitute ten percent of the actual customers within the City in such Customer Classification which are estimated by Company to be the customers from which Company collects its lowest annual revenues within such Customer Classification.. Company shall within 60 days of City's request provide City with revenue estimates setting forth the revenues from the Small Customer group for planning a Fee Schedule. 2.07 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 sha11 constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No �.ction by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the Residential Class than the franchise fee imposed on any other Customer Classification, measured as a percentage of estimated total annual Gross Revenues from all customers in each such class, shall not be effective against Company. The payment of a franchise fee as provided by this Section 9.2 does not relieve Company from paying fees to City unrelated to the installation, ownership or operation of Electric Facilities, such as building permit fees. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Classification" refers to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth an amount per month for various customer classes. 9.3.3 "Gross Revenues" for each Customer Classification means all sums received from Company billings for the sale or delivery of electricity to its retail customers within the corporate limits of the city within a Customer Classification, excluding any surcharge, sales tax, miscellaneous tariff charges or any similar addition to Company's charges to customers for the purpose of reimbursing Company for the franchise fee, sales tax, or similar charge. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable Customer Classification in a11 customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically pernutted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rate for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and conection of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the 2.08 City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against Company unless the separate ordinance lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City from every other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers, the percentage of the annual bill represented by the amount collected for the franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. 9.6 Exclusive Electric Service. Company is currently the exclusive provider of retail electric service to its customers within the City in accordance with Minnesota Statutes, Section 216B37 et seQ. If Company is no longer the sole supplier of electric energy for any class of customers from which it is collecting a franchise fee based on a percentage of Gross Revenues, Company's obligation to collect and pay a franchise fee on such retail electric service shall terminate upon 20 days Notice to City. Company will agree at City's request to amend this franchise agreement to collect a monthly meter charge from such a class of customers which will result in the collection of approximately the same total franchise fee amount for the class as was being collected by applying the percentage fee. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 2.09 SECTION 11. AMENDMENT pROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1999. ATTEST: DEBR.A A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: April 12, 1999 Apri126, 1999 May 10, 1999 �.'� � NANCY J. JORGENSON - MAYOR ORDINANCE NO. OFFICIAL TITLE AND SIJbIlKARY I. Title An ordinance amending the City Code of the City of Fridley, Minnesota, to include a new Chapter 408, entitled "Electric Franchise". II. Summary The City Council of the City of Fridley does hereby ordain as follows: The ordinance grants Northern States Power Company the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the city as its boundaries now exist or as they may be extended in the future. Northern States Power Company may construct, operate, repair and maintain electric facilities in, on, over, under and across the public way and public ground of the City subject to provisions of the ordinance. This franchise ordinance is for a period of twenty (20) years. III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's Gas Utility Franchise Ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue NE, Fridley, Minnesota, 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 2.11 NANCY J. JORGENSON - MAYOR MEMORANDUM DEVELOPMENT DIRECTOR Date: 5/10/99 � To: Wiiliam Bums, City Manager �{j `� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Final Reading of Proposed Text Amendment ZTA 99-01 M-99-117 INTRODUCTION Medtronic, Inc. has requested that the City of Fridley amend the zoning text to create new standards for multi-story parking structures (ramps). The new standards proposed by Medtronic, include: • A minimum parking stall size of 8.5' (width) X 18' (length) • A minimum drive aisle width of 24' for two way traffic CITY COUNCIL ACTION At the April 26�' , 1999 City Council meeting, a public hearing was held for ZTA 99-01. The first reading of the proposed text amendment was approved. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council approve the second and final reading of the proposed text amendment, ZTA 99-01, as presented. Attachment 12/22/98 3.01 ORDINANCE N0. AN ORDINANCE RECODIFYIlVG 'THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.03 AND ADDING SECTION 205.04.10 The City Council of the City of Fridley does hereby ordain as follows: 205.03. DEFIr1ITIONS 53. Multi-story Pazking Structures Vehicle parking structures comprised of two or more levels, where a ramp, direct street connections, or mechanical conveyances can be used to transport vehicles between levels. 54. Nonconfornung Use. Any building, structure or land lawfully occupied by a use or lawfully existing at the time of the passage of this Chapter or amendments thereto, which does not conform with the regulations of this Chapter or future amendments, for the district in which it is situated. 55. Nursing Home. A State licensed facility used to provide care for the aged and informed persons who require nursing care and related services. 56. Parking Stall. A ten (10) foot wide by twenty (20) foot long area to store one (1) .automobile, which has access to a public street or alley and permits ingress and egress of an automobile. Parking stalls may be nine (9) feet in width for uses specified elsewhere in this code. Where a parking stall abuts a curb or sidewalk, the length may be reduced to eighteen (18) feet. Parking stalls shall be striped in accordance with the design on file in the office of the City Engineer. (Ref. 952) 57. Parking Stall, Handicap. A twelve (12) foot wide by twenty (20) foot long area to store one (1) automobile and located as near as practical to the building entrance as specified in State Statutes. Where a pazking stall abuts a curb or sidewalk, the length may be reduced to eighteen (18) feet. 58. Public Facility. Any facility which is owned, operated or maintained by the City of Fridley or any other govemmental agency. 3.02 Ordinance No. Page 2 59. Public Property. Any property owned by the City of Fridley or any other governmental agency. 60. Restaurant. An establishment where meals can be purchased by the public for a fee, including the following types: A. A Class I restaurant is any restaurant or cafeteria, where food is served to, or selected by, a customer for consumption primarily on the premises, and which do not sell or serve liquor. B. A C1ass II restaurant is any restaurant which has 25% or more of their sales taken away from the premises for consumption and which may serve beer and/or wine for consumption on the premises. Class II restaurants include, but are not limited to, take-out pizza parlors and fast food establishments. C. A Class III restaurant is any sit down restaurant which serves food and intoxicating liquor for consumption on the premises. D. A Drive-in restaurant is any restaurant which sells, serves or offers goods or services directly to customers who are either waiting in parked vehicles or who return to their vehicles to consume or use the goods or services while on the premises. (Ref. 900) 61. Seasonal Outdoor Food Sales (Ref. 1032) A food establishment wherein food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, transported, distributed, or served from a trailer, vehicle, stand, enclosure, space, or area which is located outdoors and not within the principal or accessory structure and/or use on the property. Further, the food items are served and for sale on a temporary or seasonal basis as defined below: A. Special event sales are sales which occur for a minimum of one (1) and a maximum of ten (10) consecutive days, no more than two times per year. B. Weekly sales are sales which occur for a minimum of one (1) and a maximum of three (3) consecutive days in one week. C. Daily sales are sales which occur for ten (10) or more consecutive days. Outdoor eating areas accessory to restaurants, as defined herein, are not considered seasonal outdoor food sales. 62. Service Use. The cleaning, washing, adjusting, repairing, rebuilding, overhauling or finishing of manufact�ed products. 3.03 Ordinance No. Page 3 63. Setback, Front Yard. The minimum distance between the front line of a lot and a structure located on that lot. 64. Setback, Rear Yard. The minimum distance between the rear line of a lot and a structure located on that lot. 65. Setback, Side Yard. The minimum distance between the side line of a lot and a structure located on that lot. 66. Single Family Attached Development. Individually owned dwelling units which share a common wall and/or land including townhouses, townhomes and condominiums. 67. Solar Collector. A device or structure used to gather solar energy. 68. Solar Energy. Radiant energy received from the sun, either direct, diffused or reflected. 69. Solar Energy Devices. A set of devices whose primary purpose is to collect, convert and store solar energy, including heating and cooling of buildings and other energy processes, or to produce generated power by means of any combination of collecting, transfemng or converting solar energy. 70. Speculative Building. A building or group of buildings, which consists of azea whose use has not been determined at the time of construction. 71. Story. That part of a building included between the surface of any floor and the surface of the next floor above it; if there is no floor above it, the space between the floor and the ceiling above it. A basement is a story for the purposes of height regulations if one-half (1/2) or more of the basement height as abov� Y3h� level of the adjoining ground. 3.04 Ordinance No. Page 4 ' 72. Street. A public or private thoroughfare which provides the principal means of access to the abutting property. 73. Streets, Arterial. A street designed primazily to carry traffic between large land use units, as defined in the Transportation section of the current Fridley Comprehensive Plan. (Ref. 864) 74. Streets, Collector. A street designed primarily to carry traffic from local streets to arterial streets and highways, as defined in the Transportation section of the current Fridley Comprehensive Plan. (Ref. 864) 75. Streets, Local. A street of limited continuity designed primarily to carry traffic to the abutting properties and higher order streets, as defined in the Transportation section of the current Fridley Comprehensive Plan. (Ref. 864) 76. Structural Alteration. Any change, addition, or modification in construction in the supporting members of a building, including exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, rafters or trusses. 77. Structure. Anything constructed or erected, which requires location on or under ground or attachment to something having location on or under ground. 78. Townhouse. A unit where the owner has title to the unit and the underlying land with common ownership of the real estate which is not covered by the structure. 79. Use. The purpose for which land, a building or structure is or is to be used or occupied. 80. Used Car Lot. A lot containing more than two (2) motor vehicles on display for the purpose of resale. 81. Utility Company. 3.05 Ordinance No. Page 5 Any person, firm, corporation, municipal department or boazd duly authorized to furnish to the public, under public regulation, electricity, gas, heat, power, s team, telephone, telegraph, transportation, sewer, water or cable television. 82. Utility Use. Transmission facilities and structures for electric power, gas, water, sewer, telephone, and cable television. 83. Vision Safety Zone. The triangular area of a corner lot beginning at the intersection of the street surface edge or curb lines, thence forty (40) feet along each curb line, thence a straight line between the two (2) points, but never more than the triangulaz area measured from twenty five (25) feet from the intersection of the right of way lines. 84. Walkway or Sidewalk. A surface designated for pedestrian use. 85. Waterway. Any natural or artificial open water passageway through which surface water flows to other areas before reaching a fmal ponding area. 86. Wind Power Generator. A windmill that converts wind energy by means of inechanical rotation directly in to mechanical or electrical energy. 87. Yard. An open space on the same lot with a main building, except as otherwise provided in this Chapter. 88. Yard, Front. A yazd extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building. 89. Yazd, Rear. A yard extending across the full width of the lot and lying between the rear line of the lot and t1�e nearest line of the principal building. ��Z� i; Ordinance No. Page 6 90. Yard, Side. A yazd extending across the full lengkh of a lot and the main building extending from the front yard to the reaz yazd and having a width equal to the shortest distance between the side line and the principal building. 205.04. GENERAL PROVISIONS 10. MULTI-STORY PARHING STRUCTURES A. Parking stall size for multi-story parking stnzctures may be a minimum of 8.5' in width and 18' in length for industrial, manufacturing, warehouse and storage uses, and speculative industrial buildings provided that parking stalls are for long term employee parking. B. Drive aisles shall be a minimum of 24' for two-way traffic and 18' for one-way traffic if structure is properly signed. C. Parking stall size for commercial, retail, or service uses shall be a minimum of 9.5' in width and 18' in length. D. All other parking requirements for the individual zoning districts, except those addressed here, shall apply to multi-story parking structures. E. Parking structures shall be constructed in accordance with all Building and Fire Code requirements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10� DAY OF MAY,1999. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: Apri126, 1999 First Reading: Apri126, 1999 Second Reading: May 10, 1999 Published: 3.07 NANCY J. JORGENSON — MAYOR MEMORANDUM DEVELOPMENT DIRECTOR DATE: May 10, 1999 TO: Wiliiam W. Burns, City Manager �{ r :� FROM: Barbara Dacy, Community Development Director SUBJECT: Consider Approval of an Agreement with DTED for Minnesota Investment Funds Background On January 4, 1999, the City Council conducted a public hearing and passed a resolution authorizing staff to make application to the Department of Trade and Economic Development to obtain $45,000 in Minnesota Investment Funds to assist Harker's Distribution Inc., with equipment purchases for its new facility at 7501 Commerce Lane. On April 12, 1999, DTED notified the City that the application had been approved. In order to properly disburse the funds, two agreements are required, one agreement is between DTED and the City and the second agreement is between the City and Harkers's. Agreement The attached agreement between the State of Minnesota and the City of Fridley provides for the procedures to disburse the $45,000 of the Minnesota Investment Fund program. The City will be responsible for completing semi-annual reports of job creation. The City is also required to enter into a loan agreement with Harker's Distribution Inc., for $45,000. The loan will be forgiven once 20 new jobs have been created and 10 existing jobs have been retained. Approval of the loan agreement is also scheduled in this agenda. The City will also upon proper documentation request disbursement of the funds from the State. The minimum hourly wage of the jobs to be created must be $10.00 per hour. According to State law, the company has two years to complete the job creation requirements, and in this case the job creation requirements must be obtained prior to April 30, 2001. Recommendation Staff recommends that the City Council authorize the Mayor and the City Manager to execute the Grant Agreement with the Department of Trade and Economic Development for Harker's Distribution Inc. BD\jt Attachment M-99-112 4.01 STATE OF MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVEI.OPMENT DIVISION Grant Agreement #CDAP-98-0237-H-FY99 AGENCY VENOOR NUMBER OBJECT CODE TOTAL AMOUNT s2z�oo 036786001-00 s45,000 ACCOUNT OISTRIBUTION BFY FUND ORG APPR REPT AMT a BFY FUND ORG APPR REPT AMT a BFY FUND ORG =�' ^�-�APPR:•;:',;.:.•,;r�;_;i RfiPT AMT . � - - *,:� ,;r_a • �:a � -S i . 1 �- � . � '�`� ; _ .. ... . � . � S . This Agreement is made on April 12, 1999,�between the State of Minnesota, acting through the Department of Trade and Economic D.e.uelopment _(hereinafter the Grantor), and the City of Fridley (hereinafte� the Grantee), 6431 University Ave. NE, Fridley, MN 55432. �� �� RECITALS � � � ; .__.._. _ _ ,r The Grantor has been' authorizecJ to administer funds pursuant to Minnesofa� Statute ; 116J:8731. .. . , . . . , ' �.. 4 . The Grantee„has made, application_to the Grantor for_a portion_of the. allocation for_the„___ purpose of conducting the project entitled "Harker's Distribution, lnc." in the manner '; described in Grantee's "Application, #CDAP-98-0237-H-FY99" (herein tE�e Application) which _..�._._..__.._. _ _...__.____ _____ _....._.__. _...__.. ___..__.------____. _.___._._._._ _.___._......__�.�....____.. is incorporated i�►to this agreement by reference. - � i'. , . � ___.._..._..�_ .�...—.�__..._,...�.__.�..... � Tf�e: reci�aTs� are, an infegraT part �of this Grant Agreement _ �. . _ ! , �� , , ,,,s,�: � ` � . , I , .; . , _ � �r" considerafion o� muival promises 'se��'oi�fi 5e(oW� tfie": part�e`s a��e� ��`fiofloinr~s: r�'"'��' _� . _. , : . c _ �_ �'���� ,. .'�?' ;i '� .�'-; ,. __! '" � }, <3 'r� ::!ii The GFa��oG s��ll,grant to ibe 6Fantee the total-sum of FORTY FIVE THOUSAND DOLI..AR,�S . . -.. � • .. . _ ..... ) �.- .y A. . � .� :. .,. � : _ .. . . ($45,000}, whick�; sk�all.be:state, funds appropnated.unde.r the_-�linne�ota �Investtnent,��Fund� Program by the State Legislature. The_Grantee_.shall pertorm the activities that are proposed in the Application and are further specified;L�de�.Special Conditions during the period from . . �... . ... . April-12,-1999 through Apri130, 2001, in acco�dance with all othec applicable State.and.�.:, Fe�eral:law� . .... ., . __: ... .r.. `:�. . . ... .... � _ . , �i���,t �, �!+, ,. �� �±_. �.... .... ,. . ., _, ; � , . . -- -; ,; :, . , Grantee agrees_.to complete.�the pr+oject.in. accordan�e with. the..appr.oved.b:udge.t and. v�it�iri the:ti�ne;frames-.specifie� in the�Grantees Application and thi�. AgregmentLtqr�.y; matet�al � _ _.. _ change in �the scopg,of t�e pFO�ect, budge��qc; completion �tg�,must;b�. apprp�ed;t� w,r,i#ing by the;Grantor i .., ,:�i .. _ _ ' .�.i„���: � _ .a.«=r {. ., ,..�. i•? * ,,;`� .i';a �� t,f,: �f 'i; :t Cr'.;� ,,�1�'�•.i., , , . . _ _ . ._. _ .._... _ ._M_.�.. ... _ --- -•-•--- .._,_..___.. ,� . - J('T�i :' )�.; � -� ._ :� � ,�i ,. � .. ..• ,..,.• .�,. ..a �.-�.,.�, . .a��. �r t . . .. . . + _ . . �. - . . . .. . '7 ....._......._.. -..t.. . _ .. < .. . . y., _. .. .. _............_.._.... . _.........._..__...._.,.....,...... i �44 �BC;;�';]i5 i.r. .:tr� I� ;��.` �� �:'.�. t, ii;';, !.. � i�4-'.j Cs(1�;;a� (' 3 _ .. .'' " _ . ._ __, � . : . _.. . .�Q : , . ; ! � ra�:i:..�C�Bf'w.. ..i. i.�i !,i.,(:,a a �..� �.. .�,�, r`�f;,��F ��>> .�;t4a�.S c.-��'i�r:���� �Uli�?` 1S_ ..._._�.__._� . ,:+ � . � . , ., � . , .. �. „ _ .. . � ;.. :,; .. . } „. -, ..;_ . . ; � . �.,. :: . . � . � `:: � _ _ , ..: � � ; C. '.. �, , , ?': �.t.`,�1 it ,S:7C1u:'.0 ...4.....'_i ; ?`:a, ,.......�.�..�i _�.f.1,1(n.c� _i'^A „ ,.�:_?:.. .-� ... -#^a.c.��E�''L `��'.±i..gpt�.2.L1�s.iai`,�� i')'L'�:? � `m��.�"i Funds made availabie pursuant to�tf�is agreement shall be used only for expenses incurred in performing and accomplishing such purposes and activities during the grant period described above. Where proyisions of the Grantee's Application are inconsistent with other provisions of this Agreement, the other provisions of this Agreement shall take precedence over the provisions of the Application. � �_ • � • Accountina. For all expenditures of funds made pursuant to this Agreement, Grantee shall keep financial records, including invoices, contracts, receipts, vouchers, and other documents sufficient to evidence in proper detail the nature and propriery of the expenditure. Reportina. Grantee shall submit reports to Grantor in accordance with the reporting requirements set forth in Minnesota Rute 4300.3200. Grantee shall use the forms found in the Implementation:-Manual proyided by_.the ,�rantor-and submit, progress.reports;o� a yeafly; basis-e�di�g December, 31..- Progress reports are due January-25. :The Grantor, at �ts_.; .::.-_ discretion, may require the submittal of additional progress reports during the grant period. Audit and-Ins e�ction. Accounts and. records related to #he:funds:,pcovided; under-tF�is _•��� Agreement shall be accessible to author�zed _representatives of the,Gr.antor f.or the purposes; of examination and audit. In addition, Grantee will give the State of Minnesota, Department of Trade and Economic Development, Legislative Auditor, and State Auditor's O�ce, through any authorized representatives, access ta and the nght to.,e,�camine all records, books, papers, or documents related to the grant for inspection and audit. Payment/Disbursement Schedule. Gcantor.shall disburse funds, to the,Grantee; purswant-xo this. Agreecnent,- based upon-a payment request:;submitted b�r the Grantee and; re�iewed and � approv.ed bY the Grantor � -:; _ _ _ _ . - - � . ,- � .- , .- �� Affixmative Action�:�Gr�ntee:_is,encou�agedYto_prepare and,implement;an,a�rFnative,action plan_ �or t�ie;employ�ent of;;Fninority_ persons,,women, and •th��disaq,led :��d-���bm!t ikie; p1a� to tt�e Commissio�e�;oi,.Human-Rights-as,required by Minnesota-Statutes 36� 073Su,bdivisiq�,;1. _ 1 .. � . � t i �' r, 7 � ' - '��� o"-' -� �� �♦ S��4c�s,�ntract Grantee s,hat include in any_cont�act nc S�bcor�fyac�,�in� Noti for Contract �nd _ � - � addition to the provisions to define a sound and complete agreement, such provisions as to assure contr�ctoF or-_subcontractor•,compliance;w�th appl�cable state a�►d�federal.laws . ... — . �,-. � � .. �a �r . . ,tti , � c]( i Ti• �. r. .. .;. �Ci�. 1�, An�' r t,,'The-Grantee,hereby-assi�ns to.Athe State of,Min�esata any ac��all claims� , r,� �. �-;r overcharge's,as ta goods.and/or services,provided �n;cor�nectioFl�:with this-caon.tract resulxi�?g from antitrust violations,w�iich anse ur�deF t�ie ant►trustlay��._o� #k�e _U�ited,States a�d�the; ,.r,; ,, antitr.ust-Iaw�.of.tl�e..State-QfMinnesota;�:v . ; �� .. Y_ :.. ,. ..Y�,-, TPrmination and Cancellation �lause Tk�is Grant rn�y_ be car�ce�ed,b the GEantor�at an time, u,pa� thirty (3Q) days wrltten�notice;to the;Granfee � I�';the �ve�t+af_suck� �ancel,4at�or�,�.,� ;, �_ _ . Gra�tee:shall';be en.,titled to�payment; determined,on a prQJrata 6asis, for,wo�k or��seniices � satisfactorily performed. 1f the Grantor finds that there has been a failu�e to comply with the qr�o�is�ons-o� ihis-Agree�e�t,�,that,�$��or�ble prog„r,e s,h��. Flo��ee� r�adgt RQF.�,�at,�t�e �, S ,� r � o :; a-.a • �- � ��. .�}��'..^�iw.zf.0 ,T+✓�'"'!. f�`�"�G"`�.� L _. "�`t •.��t� ��r..� � .t��r: i:.�Ci ras- ' t r�.o. � .. iy >�Y r .t- . . ,.t ;. ti }+ t r � i . . ' . _ � ,! l ! � > '� � .a r ..c � � " � :i ; .'Ji�' D,.r,, �'�! .�s}�a .R� at..o%.r'�� 1r-�!!'i.; . . � � ' c,� J�c.��.c � ly.:, 1.4>i .i} .c . -:�Y. , `TY'!�,' b"} _ . . . . .., _ ._"J .A.1 ._ ....- � , . .. .�. .. . . . � i^ t� c.ti � , .. . y � ����' � 'a� � . C't �.-ih { '� . � �.. S r�.J S _,,,,��:1 �� y C. .. .i:.°—r.c..- '_ i�y � ,' � c' � I .'_ i � '`• ,_I .. .zJ .. ..,.._., :�� A.. .��c,, � ._ ,. ._a ... � �, : . .. . ��� _ �_ � �= - 7,.!' -e �.�;.c;.a. a.r.a.�:..,�:� . .., �- . , ,. , �r.. _. ,_,_ . ..�..r...._ _ '.."'^ purposes for which the funds were`granted have not been or wiil not be fulfilled, the Grantor may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Amendments Any amendment to this Agreement shall be in writing, and shall be executed by either the same persons who executed the original agreement, their successor in o�ce, or by those persons authorized by the Graritee through a formal resolution of its governing body. Government Data Practi pc The Grantee shall comply with the Minnesota Govemment Data Practices Act, Chapter 13 and the Conflict of Interest provisions of Minnesota Statutes, Sections 471.87 - 471.88. Successors and As ig pr'+ This Agreement shall be binding upon any successors or assignees of the parties. Authorize Agent. The State's authorized agent and contact person responsible for administration of this Agreement is Cheryl:Johnson (or successor) of the Department of 'Frade,and Economic-Development - -: ._ . � _ . , . c�. �i .._ .... ' _ , t —�. _ , - �. _. . _. _,,, .. , <..: , ��' ,,.: :. , ` : :,; . �:: � _ .., Li ili -- G�antee;agrees to indemrn a�d save and hold Grantor,� ��� " �- - � 4ts ag,ents� and employees harmless from any and all claims or causes of action arising from the performance of the � Grant b� ,Grantee, or Grantee's agents or:emplayees., _ This clause;.Shall, ;not be constrt,�e.d to, bar�ny, legal re�edies,Gfantee may have for the Grantor's_:failure to .fulfll �ts obl,gatians �,, �� _ r -- - - , _. .. pursuant ta this AgFeement.- . , - - � - . _.. :: .:,, � ... , - _. . __ . ,. . _ . . ; . ., ..., - .. . _ y, _ _. .. . ._ -- .. . :: . . .: ..._ _. ___ .-_ . .. . _ . _ . � .. , . ��:�, .. ; _ V - . -. _ .. - : . ., . � .., � . . .. � _, - _ -- - ._ _ .,.__. _. _ , - ., , .. .,. . „ . _ - . _ .::-- . ,. � :. ,.� r � r " ' _ . — - - . .. .. . � . � .. � - J� _ � ';I� .. ' : � n�~ � � (; .. . . ... . _. . .,.w..� . :t .. . �' ,_ . ....�. .r _:(�;� ��: _ —. . ,��lL. „ . .'L �l• ... . � , � ' " ' _.a�.. 7 £'t � . . . : t .r:S.. x y i � t'� ' ... . .._ � � ,i. ... . .. . .. _ .., ,, _ . �:i�;_ '.. . .,. . , 't .�' . . � .'':r . ��. f�.� :a: .... ' �, x= � -a �.C:'' � 7 � . . . � � .' . . . . . , � 1 I- ' . � -x �?�. i t.- '>1`V 4 .. . .s�. 1 .9,�. � .. .. _ . . 9'i~ . _ - �•' �. _ . . ..._.. J .. . . ; " � .. � .:.. . . .. �,.,. _ - .. _ . . . . , .. _ , . �. , ; .. � . , ., . . .. .. . . . : _: •_. . � .'_: � t � .. . ._ _ .. � , ....-.... . � ._ ._... ... .. .. .. • ' .._ .:.. :.��._... .. _�., .. - ,. .. � . . . , . :. ... � ... ., � • . _ . _ . . .. .. ' . . � , .. .. . . . . . ... _ ."r." :. . . .� ...... . �. . �. ,._"' �,' '� ..:.r . ...,. ,: . - . - _ . ..._ :: . . . �.. •.': : . . , :.'C:', � ., .. _. .. ... . _ . _ .. . .. . , _ . . . . . . i . . .� ; . .. ..�. . , . >.. . .. . . . - . . . ... .� :�.� .. .:.�•. .. ���; . � .�,... _ . . .. � > � . • ..�... �'�::��_, �.. ,ti _._ � .., . ; _ .:-.. . . ._ -. .�...,. , .�. . .s... _. `,._ ., . .. ... . . .. . . ..:. -._ . �._ .. _ -, ._ . ..'� ` .._ _�.� ., ... - ., .- .� .. . .. . ' . . �i} .T � . � . .. . . . . . . .., .. t. , . _ J. � .. . . , . � �' � _ :- _; - - :;- :�:�,4 . �,. _ , - _ .. . , , _ . _.. _ . . _ _ : � . . .� � �: . .. . „ '.. �• . ..-.� �. . ,.�:..� '�...: 4 f ....:.. , .,.._ � . , . ._' - . . .. - � �. . . ... I . - .. � ._. . . . .. [. - • . • FOR: Grant Number: CD�4P-98-0237-H-FY99 Project Title: Harke�'s Distribution, Inc. The Grantee may not request funds from the Grantor for disbursement to Harker's Distribution, Inc. until the Grantee has received invoices for machinery and equipment costs. The Grantee must request funds for machinery and equipment costs from ihe Grantor based on a cost-sharing ratio of 35 percent grant funds to 65 percent other funds. 2. The leveraged funds described in the approved Application must be used for the same purposes and unde� the same terms, rates, and conditions, as specified in the approved application, unless prior written concurrence is received from the Grantor. 3. Grantee must secure from Harker's Distribution, Inc. the necessary documentation that all project funds have been used.�for the�.items•and purposes stated in the Grant ___ ._: _ _ _-.__ _:._... ,_: _..___. _ Application, prior to requesting grant closeout from the Grantor. 4. :� The Grantee.shall ente� into a Loan:Agreement with Harke�'s Distribution, Inc. (hereaf#er "Borrower") foc;,Forty;fEVe thousand dollars ($45,000), to be used for the purposes, conditions and terms as stated in the approved Application, and may not be modifiEd without.prior written;approval from the:GGantor.; The terrr� of;the.loa� vycill.�be � _ � . .. .. . .. . . ., 24 months and; the-interes�,rate.will k� 5% for,xhe terrra.of .the.lQan. lf atthe ead gf ,the : _ . . . twa year term .(April 30, 2001) 20 new� FTE jobs;have bee� created, and 10 ex'istir.ig, _ .. _, . jvbs have heen retained,_for a tatal of 30 FTE,jobs,;$45,Q00 of p�incipal,ancl.intecesf will be forgiven. � 5. Gran.tee's attomey xnust:revie:w l�oan,Agceements; pcomisso�y. notes, s�curity�.- �.. -,_� agreements; mortgages, guaranties or oth�r:documents,-if,a�x,:considered:n�cessary by, the Grantee to secure the loan•to ensure-that� thej� are valid, binding �and ,,- �;;-.;. ;;; enforceable. Special conditions 7, 8, and 9 included in this Agreement must be � incorpocated: inta the_Loan, Agreement.; A cop�r-of the L- oar�Agreement,. prQr.�i��orX �-;.,; note, �and.amortizati,on schedule, and e�idence, of-securit�r flmgs, must- be submitted to the GraFltor for.�eview pnor,to �equest�ng �unds _ ., „ �_� ; 6:� - If any-p��cipa�;and inteEest.�payrne�ts,,ar�.receiyed from;the loan, to Hacker's,. Dis�nkwtion, incf they must,�e-us.e,d�ta;�stablish and-mai�tain;a revo�ving,lqa�.�uc�d. The Grantee must, retairi �financial control,and-decision mal�ing: author�tX_.�egard�ng�the� useo�;a�y,��epaXmer)ts ,fFq,rfl the �,loan,y ��i�.�e�,olv�n� loan fur�d �olic�es,and p�o��duc:es m.r�st, �,e.con`siste�it Wi#h, ttie-,Mi�nesota 1,n.vestFrfent �und Program.requicem+er�ts to �.,� fu�t��r:ecor�oct�,ic�,deVelopment rn .fhexcom�nuni,ty tt�eceby ���attr��, or �r�tai�rnge,; '� 5'' pefr�naQ��t�o��tiqnsf iii t'�A• af �}i� i.. ?�rf .. i�n i S1 . S �'f., •.. _ ~ 5� 'y Ti�7{'��� ���T��E: t�� �� _�I !�,%�f :. . . .. 7. Ttie Grantee must include job creation information in each progress report. This ' If1�0�'RRl3�IQR�{F714�lStrJ(1('i�UCi@ ,�,, y �to- r `' �r�: {� �: r. � ,; 7 :, _ :,� ' y' . . _� �� . _ �r , .. ., .. _ . .. .Y�. 'd S�� � xw ,H. .m�i 7 ���f .r.',"N" ���.k 1 Yt1'."� .. '� �y:+ � � �`��t��� �f r .wd ry i. �'�c1 .., , ��r�a . c���c�scrqafed� z � �ou�l�vx,�ge, � ,r ,date,e lo ee s .hired`. RE 4�P Y_ . ( ) - �ol� t�tle;�eF �ob _ �. _, � ; ,_,,, _ r. _ �- ...liourly_ v�lue o# beoefits . l�enefts. ; -; . _ . _ . . � .,. . :..; �Yl� ..4..t.dt: :Ti�.� �t �t.�;. 'r-f!. ; 131 �'s.^:��� �i��, � r+,r �f:J� .. .. ' G�� 4'f6^ . -1. < k`��r';i . ..' a ..%y.�.� J[�r�i{ 1f.�':.iJllv.f'A�6%,��� .x,'.+..:74��1.�aSY9'f'X4�c-�:�� i.. Ca�.. i i(� rLi- r%Ft.:±' }i:1 4°3�Kf'.,S`�T:L'�(.��' :r.. � �� .,,. p��`n.rt ;nY r..?s'r ...r;�'u `�.3'� �z+' (!.r i >,'t. :i . . v _ . 4:�5 .`_ �,. i,,�..:�,�-� .F�•.?�-,��P%rniia��dr?,��"c�.v�.'�- .' x��t ��7t,,"'".. ��tzi .: y�:. ,r�_C� �1�.�`.... �:ti."-+�(.. :'. ..._� n . �. . �_a�:�.stiti,_.� . �..:.��� .,..,:._r1i.,�.. .�a;i ..,:e, _;+�s.•,.x��r...,,;�.,.. 'ne:n �t�nrti 8. The Grantee must report on permanent job creation until the 20 FTE jobs, ali paying in excess of $10.00 hourly are created. If those jobs are not created by the Grantee's target date of April 30, 2001, the Grantee will be required to return to the Grantor all or a proportional share of the grant funds p�ovided for job creation. Harke�'s Distribution, Inc. identified a base employment of 10 FT/FTE employees in the Grant Application which must be maintained through the Grantee's target date of April 30, 2001, in addition to the 20 FT/FTE new jobs"created. 9. Minnesota Statutes 116J.991 applies to this project. This statute requires that a business receiving state assistance for economic development o� job growth purposes must create a net increase in jobs in Minnesota within two years of receiving the assistance: The law also requires that the government agency p�oviding the assistance must establish wage level and job creation goals to be met by the business receiving the assistance. If Harker's Distribution, Inc. fails to meet the wage level and job creation goals as set forth in special condition 8 of this Agreement, the Grantee and/or business must repay the assistance to the Grantor. .. -. . .. . : - _ -'�. : , . ., � . _ ..� � _ . ..r .. _.. -- .. . .'S . -, Y.,.; .. M ,..,. ; : _ . ... . . _�t -. ., � ��.,i'. .....,:�:.:r: :. ..�. .:..�' � .. . . . , �_ - � _ , .. . �.:� _. - .., , . .._ ��` .. . . _ . .._. . � �:, -`:� .� . . �.... .. _r . _. ... � .. L . . ... �. . .,.. v /I'v�� .1 .l ..':C.��.�� i1 .i y ._ . . _ . ._ '" . .. 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( . ,.'.;i. .l r . . ,-. .. — ., . ., _ .. .. ... . �. .. -., : ,� i - ... ... .-.. . .. .. .,... . ; , _ . . ,, _ .. . . ...._. .. _ . ... ._� . _„ . ., .. ... -. _,.. .. . la:; .,. . ... .... . . _. _. , . ...- .. .,.. .,.,., . .. ..._ .;.a, _. . . . _,.-ii:.'_'':� .��� %t•�;f` _ . .., . .... . . . . . .. . ._. , . . t�. . . ._. ..,. . , . . .. _ .. .. .. .., . : . :. , �._ . .. _ . . _; . . ... . .. . ��:- . ,, . ; ,,-. 6 � . _ .. _ _. . . _ , _ . -.: , _ . ... ._ ._ __ .. . - Grant Number: CDAP-98-0237-H-FY99 Project Title: Harke�'s Distribution, Inc. N�r�r.P to Grantee You are required by Minnesota Statutes, Section 270.66, to provide your Minnesota tax ide� number if you do business with the State of Minnesota. This information may be used in tF enforcement of federal and state tax laws. Supplying these numbers could result in actior to file state tax returns and pay delinquent state tax liabilities. This contract will not be ap these numbers are provided. These numbers will be available to federal and state tax a� state personnel involved in the payment of state obligations. Minnesota Tax ID: Federal Employer ID 8030301 41-6007700 The Grantor and Grantee acknowledge their assent to this agreement and agree to terms through their signatures entered below. � - � f I L ' � � ,.� • - STATE OF MINNESOTf �p;N : I have read�ahd F agree� "'° through the Depa�tmeM to all of the above provisions Trade and Economic D o� tfais'ag�eement. � , { ;, , Ge ` � _ 1 . � �� f , .. . . . .� By�: . . . Jrt ., 4 B�� ' • - . � t.. . ,) ' 1 . .. . ,J � , . ,�- � , � t �'��, 'Flt�@ , :� - � ;C?i "�l[�@ Cf F,., � . .:�t._ ..f . � ,. ' 'S _-. . .. _ . �+1 . .�i n a:`, ' " c --' c '- , i . ',. j 't � 'iX ,� r _ � , ; ;� _ � � �D�te , . , _. .:� D'ate �` - ' ,_ .r, r� _-.� � - -.� . _�_ � _ _ . ...... . -� N .' �,- . '_-:-.. . _.: ,_ _ _ ,:?�u , FNCtJMBERE� gy _ .. � ;,, - :r .. , �.s, Title . ,; - .. _ ... ., . � - - . , . .. ._ ... . =Department o'�" .'�': "' . �., , , ,., .,. - , . ai . .� •. �. ����. Developmeni Date -� " . � � , . , '' ' $ h. . ....,�... . .,.. ;��r ^ly ,, L \ �(' �:1i i r _ I .�; . �r'4 :t ". ' f. � _,G! .�i:�n# .._ ... __ _ . . . .i i . . ... `���a `�r, � ,� ..... _, �,...._°' _.��i G'��r,�� = iJ s�f�il7.6�98::��� _�; Date Enc �; , ,, , _ _ _, _. - . � ���Ind��idi. � . .... _ . . ,, „ , >= -- -� ... - � . , .. . . . ... encumf " � _ � ` . �'�a ] .-- �'— ' � � -�- ,��,_ , . .. - � � . . . . . _ . , � . . . _. .. .. . . , �. .. , , r _. ... _ .., . _ . , _ .. . . . _ .: _, , Y-_;� . , _ _ _ . _. _� ____-- _ ,-.; _ , : _ _. _ _ � ,.: � � -- , . _� - —� — - _ , �. , � , . ... � . �. . . � ' �`r '._ . a . � . _ �'t ;__ i'�'=__'�._.:_^l "�:,�,a __ — - , _ .:. , . � '.J'`'.'i.i.%f`'ti�i•� i - . . . � ._ . •, - .—� z . �. .. . . . . _ . i , . .. . . ' . . , . ..; -� � ri1�fJ�. ��' _ � �- .:: ,;'; '� . � f,� ,.. � _ r ..� . ,._._ �.��� -�.._� _ �.�—�.�.. _ �--.... _ �- - � - . : . � 4.07 °; � - . . .' s� . � � :- ... . .. .t_ ..� �.. �.5'•. •- '� . . . .. , .. _,�. . . ._.. :d +.5�yvi.�fT'.1�, v. _._._ � �,. �c �' � r'�v��C_. � S,{{,l..�t � �; �y �.� 1t? :: �'�� �»�"` � ' � h � ., � tia: . "�X' " se. , : � . �x.�"°"4 "-� ,,..y. �.�.,� -,� ��; � d , y�: �, :� ,, z �.��� � �:�`� t.i �, a .+.c 'r� '���-�: : 'Is� �yr.i' - ,z �''ti .. F s��' r.p� �, ��� r-�� � y �}���� :S s �. -�c�3y��T' , � �-f. �i R; y :::,i, a''�. ,. r �t�, ±.`x'f MEMORANDUM DEVELOPMENT . DIRECTUR DATE: May 10, 1999 TO: William W. Burns, City Manager ��1'� � FROM: Barbara Dacy, Community Development Director SUBJECT: Consider Approval of Loan Agreement with Harker's Distribution Inc. Background As required by the Grant Agreement with DTED, the City is required to enter into a loan agreement with Harker's Distribution Inc., in order to provide the Minnesota Investment Fund monies. Loan Aqreement The principal amount of the loan is $45,000, and has a term of two years and a 5 percent interest rate. Upon completion of the job creation requirements, the principal and all accrued interest will be forgiven. The purpose of the loan is to provide funds to assist in the purchase of a variety of ineat processing equipment. The loan will be secured by a Uniform Commercial Code (UCC) financing statement for at least one and possibly two pieces of equipment where vatue will exceed $45,000. There are blanks in Article II which need to be completed by the company, but these are minor issues which will be completed prior to execution. The language of the attached agreement was obtained from the State of Minnesota. The City Attorney has reviewed the agreement. Recommendation Staff recommends the City Council authorize the Mayor and the City Manager to execute the loan agreement with Harker's Distribution Inc., subject to the company submitting a Uniform Commercial Code fnancing statement from Harke�'s Distribution Inc. BD\jt Attachment M-99-113 5.01 AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND THIS AGREEMENT is made and entered into as the 10th day of May 1999, by and between the City of Fridley, hereinafter called the "City° and Harker's Distribution, Inc., hereinafter called the "Develope�'; WITNESSETH: WHEREAS, the City has applied to the Minnesota Department of Trade and Economic Development for a Minnesota Investment Fund Grant (MIF) and received preliminary approval for said grant; and WHEREAS, a Grant Agreement, hereinafter called "Grant AgreemenY', between the Minnesota Department of Trade and Economic Development and the City has been executed and which Grant Agreement requires that the Developer, Harker's Distribution, Inc., secure sufficient private financing to complete financing and agree to loan terms with the City for Minnesota Investment Funds used to assist in financing the project; and WHEREAS, all parties to this Agreement agree to incorporate into this Agreement by reference said MIF Grant Agreement, Grant Number CDAP-98-0237-H-FY99, as is fully set forth herein word for word; NOW, THEREFORE, it is agreed by and befinreen the parties hereto as follows: ARTICLE I Definitions Section 1.1, Definitions. In this Agreement, unless a different meaning clearly appears from the context: "City" means the City of Fridley. "Developer" means Harker's Distribution, Inc. "Bank" means Finova Capital. "Grantor Agency" means the Minnesota Department of Trade and Economic Development. "State" means the State of Minnesota. "Grantor Agreement" means the Minnesota Department of Trade and Economic Development Grant Agreement #CDAP-98-0237-H-FY99. "MIF" means the Minnesota Investment Fund. "Leverage Funds" means the funds provided by or for the account of the Developer pursuant to Section 2.1. 5.02 ARTICLE 2 Financin4 for Proiects Section 2.1, Developer's Equity and Other Financing. The Developer shall commit not less than $869,000 of equity through Finova Capital to be used for the completion of the project development. Section 2.2, MIF Loan. The Grantor Agency of the State has granted to the City and the City shall loan to the Developer, MIF funds of an amount up to $45,000 according to the terms described in ARTICLE 3. ARTICLE 3 MIF Loan Terms and Conditions Section 3.1, Basic Loan Terms. The principle amount of the loan of MIF funds by the City to the Developer shall not exceed $45,000. The loan shall bear interest at a rate of five percent (5%) per annum for two (2) years. If at the end of the finro year term (April 30, 2001), twenty (20) new FTE jobs have been created and ten (10) existing jobs have been retained for a total of thirty (30) FTE jobs, $45,000 of principal and all accrued interest will be forgiven. Section 3.2, Prepayment. Prepayment of the loan may occur at any time during the loan without penalty. Section 3.3, Assignment. The Developer will not sell the property or assign its rights or interests or any party therein or its right or interest in this Loan Agreement, or any part thereof. In the event the Developer sells, conveys, transfers, further mortgages, or encumbers or disposes of the property, or any part thereof, or any interest therein, or agrees so to do, the Developer shall immediately pay on the Loan an amount equal to same. This shall be in addition to any other remedies at law or equity available to the City. Section 3.4, Termination. This Agreement shall automatically terminate without any notice to the Developer (1) if the loan proceeds have not been disbursed to the Developer prior to April 30, 2001; or (2) if a petition is filed by or against the Developer under the U.S. Bankruptcy Code, or if voluntary, such a petition is not dismissed within sixty (60) business days following such petition. ARTICLE 4 Default and Collateral Section 4.1, Default. The Developer shall be in default under this Agreement upon the happening of any of the following events: (a) nonpayment, when due, of any amount payable on MIF loan or failure to observe or perform any terms thereof; provided such nonpayment is not remedied within ten (10) business days after written notice thereof by either the Developer or the City; 5.03 (b) if the Developer is in breach of any materiai respect of any obligation or agreement of the Developer under this Agreement, provided the Developer remains in breach in any material respect for thirty (30) business days after written notice thereof to the Developer by the City; provided, however, that if such breach shall reasonably be incapable of being cured within such thirty (30) business days after notice, and if Developer commences and diligently prosecutes the appropriate steps to cure such breach, no default shall exist so long as Developer is proceeding to cure such breach; (c) if any material covenant, warranty, or representation of the Developer shall prove to be untrue in any material respect, provided such covenant, warranty, or representation of the Developer remains untrue in any material respect for thirty (30) business days after written notice thereof to the Developer by the City; provided, however, that if such untruth shall reasonably be incapable of being corrected within such thirty (30) business days after notice, and if the Developer commences and diligently prosecutes the appropriate steps to correct such untruth, no default shall exist so long as the Developer is so proceeding to cor�ect such untruth; (d) if the Developer becomes insofvent or generally unable to pay debts as they mature or makes an assignment for the benefit of c�editors, provided such insolvency or general inability to pay is not remedied within sixty (60) business days after written notice thereof by either Developer or the City; (e) entry of a final judgment against the Developer where such judgment the City reasonably deems will have a material, adverse impact on the Developer's ability to comply with its obligations under this Agreement; (� transfer by the Developer, of any part of the Collateral to any entity other than a wholly-owned subsidiary of the Developer, provided such is not approved in writing by the City, which approval will not be unreasonably withheld; (g) merger or consolidation where such merger or consolidation is not approved in writing by the City, which approval will not be unreasonably withheld; or (h) loss, theft, substantial damage, destruction, or encumbrance of any of the Collateral, provided that such is not remedied within sixty (60) business days after written notice thereof by either the Developer or the City (including, without limitation, by a pledge of insurance proceeds or by substitute Collateral satisfactory to the City). Section 4.2, Remedies upon Default. (a) In the event of a default and the failure to cure it in the time allotted therefor (or to commence and diligently proceed to cure such default if reasonably incapable of being cured within the time allotted therefor), the City shall have the right as its option and without demand or notice, to declare all or any part of the loan (as described in Section 3.1) immediately due and payable, and in addition to the rights and remedies granted hereby, the City shall have all of 5.04 the rights and remedies under the Uniform Commercial Code or any applicable law; (b) The Developer agrees in the event of a default and the failure to cure it in the time allotted therefor, to make the Collateral available to the City and the Development Property. In the event of any lawsuit under this Agreement, reasonable attorney's fees and costs will be awarded to the prevailing party. If any notice of sale, disposition, or other intended action by the City is required by law to be given to the Developer, such notice shall be deemed reasonably and properly given if mailed to the Developer at the Development Property or at such other address of the Developer as may be shown on the City's records, at least fifteen (15) days before such sale, disposition, or other intended action. Waiver of and default hereunder by the City shall not be a waiver of any other default, or of the same default, on a later occasion. No delays or failure by the City to exercise any right or remedy shall be a waiver of such right or remedy and no single or partial exercise by the City of any right or remedy shall preclude other o� further exercise thereof of the exercise of any other right or remedy at any other time. Section 4.3, Collateral. The Developer shall grant to the City a first security interest in machinery and equipment purchased with funds loaned by the City under this Agreement, up to an amount of $45,000, per attached security agreement. ARTICLE 5 Land Disbursement Provisions Section 5.1, Payment Requisition Documentation and Format. Loan disbursements shall be for machinery and equipment only in the amount of $45,000. The loan funds for the machinery and equipment may be disbursed to the Developer only after the Gity has received from the Developer invoices for $45,000 of costs and only on a cost-sharing ratio of thirty-five percent (35%) of loan funds to sixty-five percent (65%) of other funds. Section 5.2, Provision for Evidentiary Materials. No disbursements of loan funds shall be made until all evidentiary materials required by the Grantor Agency have been submitted and approved by the Grantor Agency. Section 5.3, Project Time Frame (Schedule). The time frame outlined in the MIF application pertaining to the Project shall be met by the Developer. Section 5.4, Leverage funds. The leveraged funds described in the MIF application must be used for the same purposes and under the same terms, rates, and conditions as specified unless prior written consent is received from the Grantor Agency. ARTICLE 6 Provision of Evidentiarv Material ReQUirement Section 6.1, Provision of Evidentiary Materials. The Developer shall agree to provide to the City all evidentiary materials according to the format and timetable cited in the Grant 5.05 Agreement. The City will forward said materials to the Grantor Agency and assist in expediting reviews leading to a release of MIF funds. Section 6.2, Documentation of Use of Funds. The Developer must provide the Ci�y with necessary documentation that the MIF loan proceeds and leveraged funds have been used for the items and purposes stated in the MIF application prior to submitting the final progress report and requesting grant closeout from the Grantor Agency. Section 6.3. The Developer must document that items purchased with MIF load funds are of reasonable cost. ARTICLE 7 Provision of New Permanent Jobs Section 7.1, Employment Objective. The Developer agrees to take affirmative action to ensure that finrenty (20) new permanent jobs will be created by the Project and ten (10) existing jobs will be maintained. The Developer agrees that the above job requirements shall be completed by April 30, 2001, at wage levels specified in Special Condition number 8 of the Grant Agreement. Minnesota Statutes 116J.991 applies to this project as specified in Special Condition number 9 of the Grant Agreement. If the Developer fails to meet the wage level and job creation goals as set forth in Special Condition number 8, the Grantee and/or Developer must repay the assistance to the Grantor. New job creation may be counted as of October 5, 1998. Section 7.2, Employment Documentation. The Developer shall complete and provide to the City notification of employment annually of hiring each new employee. This notification requirement will not be necessary after April 30, 2001, provided the employment objective set forth in Section 7.1 has been met. Section 7.3, Job Creation Documentation. The Grantee must include job creation information in each semi-annual progress report. This information shall be provided by the Developer and must include: (a) permanent jobs created; (b) job title per job; (c) date employee(s) hired; (d) hourty wages; (e) benefits and hourly value of benefits (i.e., health, dental, life, retirement, etc.) ARTICLE 8 Provision of Monitoring Information Related to Proiect Proqress Section 8, Provisions of Progress Information. The Developer shall agree to provide to the City information for incorporation into progress reports, as required by the Grantor Agency and as needed by the City, to monitor project implementation for compliance with grantor and local guidelines. 5.06 ARTICLE 9 Nondiscrimination Section 9.1, Nondiscrimination. The provisions of Minnesota Statutes, Section 181.59, which relates to civil rights and discrimination, shall be considered a part of this Agreement as though wholly set forth herein. ARTICLE 10 Develoqer's Acknowled4ments Representation and WaRants Section 10.1, Acknowledgments. The Developer acknowledges that the City, in order to obtain funds for part of the City's activities in connection with the Project, has applied for a Minnesota Investment Fund Grant (MIF) (the "Grant") to the Commissioner of the Minnesota Department of Trade and Economic Development (the "Commissione�') under the Minnesota Investment Fund Program, Business and Community Development Division, and that the City will be entering into the Grant Agreement with the Commissioner setting forth the terms, conditions, and requirements as to the Grant. The Developer further acknowledges that the Developer has made certain representations and statements as to those activities of the Project to be carried out and completed by the Developer which were contained in and made part of the application for the Grant and that the Developer is designated and identified under the Grant Agreement. A copy of the Grant Agreement shall be on file in the office of the City Clerk. In the event a provision of this Agreement relating to the Developer's obligations hereunder shall be inconsistent with the provisions of the Grant Agreement relating to the Developer's activities thereunder, the provisions of the Grant Agreement shall prevail. The Developer acknowledges that nothing contained in the Grant Agreement of this Agreement, nor any act of the Commissioner or the City, shall be deemed or construed to create any relationship or third-party beneficiary, principal and agent, limited or general partnership, or joint venture, or of any association or relationship involving the Commissioner. Section 10.2, Representations and Warranties. The Developer warrants and represents, in connection with the Grant and for the benefit of the Commissioner and the City, that: (a) Representations, statements, and other matters provided by the Developer relating to those activities of the Project to be completed by the Developer, which were contained in the application for the Grant, were true and complete in all material respects as of the date of submission to the City and that such representations, statements, and other matters are true as of the date of this Agreement and that there are no adverse material changes in the financial condition of the business or its shareholders. (b) To the best of the Developer's knowledge, no member, officer, or employee of the City or its designers or agents, no consultant, member of the goveming body of the City, and no other public official of the City who exercises or has 5.07 exercised any functions or responsibilities with respect to the Project during his or her tenure shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be pe►fiormed in connection with the Project or in any activity, or benefit therefrom, which is part of this Project. (c) The Developer acknowledges that the Commissioner, in selecting the City as recipient of the Grant, relied in material part upon the assured completion of the Project to be carried out by the Developer, and the Developer assures the City that said Project will be carried out by the Developer. (d) The Developer warrants that to the best of its knowledge, it has obtained all federal, state, and local governmental approvals, reviews, and permits required by law to be obtained in connection with the Project. (e) The Developer warrants that it shall keep and maintain books, records, and other documents relating directly to the leveraged funds and that any duly authorized representative of the Commissioner shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of the Developer until the completion of all closeout procedures respecting the MIF grant and the final settlement and conclusion of all issues arising out of the grant. (fl The Developer warrants that no transfer of MIF loan proceeds by the City to the Developer shall be or be deemed an assignment of the loan proceeds and the Developer shall neither succeed to any rights, benefits, or advantages of the City under the Grant Agreement, nor attain any right, privileges, authorities, or interest in or under the Grant Agreement. (g) The Developer warrants that it has fully complied with all applicable state and federal laws pertaining to its business and will continue said compliance throughout the terms of this Agreement. If at any time notice of noncompliance is received by the Developer, he agrees to take any necessary action to comply with the State or Federal law in question. ARTICLE 11 Other Special Conditions Section 11.1, Antitrust. The Developer hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. Section 11.2, Workers' Compensation Insurance. The Developer has obtained worker's compensation insurance as required by Minnesota Statutes, 1982, Section 176.181, Subd. 2. The Developer's workers" compensation insurance information is as follows: (a) Company Name: (b) Policy Number: (c) Local Agent: 5.08 � Section 11.3. The Developer must comply with Minnesota Statutes, Section 290.9705, by either: (a) depositing with the State, eight percent (8%) of every payment made to non- Minnesota construction contractors, where the contract exceeds $100,000; or, (b) receiving a waiver from this requirement from the Minnesota Department of Revenue. Section 11.4, Business with the State of Minnesota/State Tax Laws. Notice to Developer. You are required by Minnesota Statutes, 1982, Section 2790.66, to provide your Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of Federal and State tax laws. Supplying these numbers could result in an action to require you to file State tax returns and pay delinquent State tax liabilities. This contract will not be approved unless these numbers are provided. These numbers will be available to Federal and State tax authorities and State personnel involved in the payment of State obligations. Minnesota Tax ID: Federal Employer ID: IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused t his Agreement to be duly executed in its name and behalf as of the date first above written. Subscribed and sworn to before me, a Notary Public, on this day of , My Commission expires on Subscribed and sworn to before me, a Notary Public, on this day of , My Commission expires on County of 5.09 CITY By Position DEVELOPER By Position MEMORANDUM PLANNING DIVISION DATE: May 6, 1999 TO: William W. Bums, City Manager��� FROM: Barbara Day, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Miller Funeral Home Expansion - Variance Extension Kim Miller, Miller Funeral Home, 6210 Highway 65, has requested a 1-year variance extension for VAR #98-09. . Additions proposed for the Miller Funeral Home site at 6210 Highway 65 required 2 variances. These variances were VAR #98-04, which would have expired April 6, 1999, if work had not commenced and VAR #98-09, which expired May 4, 1999. Some of the work has commenced, however, the majority of the site work related to VAR #98-09 has not. Staff has met with Mr. Miller's architect. The project is moving, however complex design elements and decisions have delayed completion of the final plans. RECOMMENDATION Staff recommends that the City Council grant an extension to VAR #98-09 until May 4, 2000. M-99-117 6.01 MILLER FUNERAL HOME �� a �� 6z�o dV.� d{1�P�vny 6S ��� �Mfnrec'�ota 55432 (612 J 571-1300 April 15, 1999 Scott Hickok, Planning Coordinator City of Fridley 6331 University Avenue NE Fridley, MN 55432 Re: Varianc� VAR #98-09 Dear Scott: I am writing to request an extension to the date of expiration on the above referenced variance. I believe the project is required to begin by May 15, 1999. As of this date, it does not appear that we will be able to have drawings to the City for permits by that date. I understand that you have met with our architect to discuss the project. It is also my understanding that he is working on drawings now. However, the project is still nebulous enough that he advises me to expect the project to begin later this summer. Please contact me at the above telephone number or address to advise me as to what further steps are necessary to extend the variance deadline. Thank you for your assistance. Sincerely, , , Kim J. iller President Miller Funeral Home 6.02 City of Fridley TO: William W. Burns, City Manager �� PW99-099 � FROM: Chuck McKusick, Fire Chief Robert Nordahl, Operations Analyst � � DATE: May 4, 1999 SUBJECT: Fire Appazatus Bay Eachaust/Make-up Air Project No. 334 The 1999 General Capital Improvement budget identified $30,000 to retrofit the Fire Depariment apparatus bay with an exhausdmake-up air circulating system. The proj ect was advertised and four mechanical companies received plans and specifications. Tuesday, May 4, 1999, bids were received and opened from three companies. Alta Mechanical Company was low bid for $27,035. References were supplied and contacted and favorable replies about Alta Mechanical were received concerning their workmanship and completing projects in a timely manner. Recommend the City Council receive the bids and award the Fire Apparatus Bay Exhaust/Make-up Air Project No. 334 to Alta Mechanical Company for $27,035. CMBN:cz Attachment 7.01 BID FOR PROPOSALS APPARATUS BAY EXHAUST/MAKE-UP AIR RETROFIT PROJECT PROJECT NO. 324 Tuesday, May 4, 1999,11:00 A.M. `< PiAlrIFIOLI�ER BIU BUI'�? TOTAL F3ID <' e0141MENTS ' Alta Mechanical Company Old Republic $1,500 $27,035.00 Yale, Inc. No Bid Bond $27,800.00 New Mech Reliance 5% $31,100.00 Metro Mechanical NO BID �e�� � Sara S. Hill � M E M O R A N D l! M Human Resources Manager � oF (612) 572-3507 FRIDLEY To: William W. Burns, City Manager � From: Sara S. Hill, Human Resources Manager� � Date: May 6, 1999 Re: 1999-2001 Fire Contract . I am pleased to present the labor agreement, the baseline and settlement form and a resolution setting forth terms and conditions of employment for Firefighters in 1999, 2000 and 2001. Apart from changes in dates, names and correction of typographical errors, the following are the changes for 1999-2001: 1. Article 7 Annual Leave Sell-Back Language reflects the change in our annual leave sell-back policy and will read: "Once a year, as designated by the City, an employee who has completed five years of service with the Ciry will have the opportuniry to exchange up to forry hours of accumulated Zeave for cash. " 2. Article 13 Short-Term Disabilitv Deleted Section 133 as it only applies to employees hired before 1984 and whereas there are no current firefighters who were hired before 1984.. 3. Article 14 Pav for Call-Backs and Drills Language change: Article 14 is now titled OVERTIME to more properly address the section contents. 4. Article 16 Holidavs The City has agreed to add the following section to Article 16: 16.4 Effective January 1, 1999, employees required to work on any of the following four holidays: Memorial Day, Fourth of July, Labor Day and Christmas Day shall receive and additional one-half tirne pay for each hour they work on such holiday. � � 5. Article 20 Uniform Allowance The City has agreed to increase the uniform allowance from $375.00 per year to $400.00 per year. 6. Article 21 Insurance The City has agreed to increase employer contributions towards the flexible benefit plan from $345.00 to $378.00 per month for dependent coverage and from $210.00 to $230.00 for single coverage. 7. 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N N�� I1 Q N � I � I+1 � � ,O O d q C �� � q d� L N N A L� X d� O� q H d W V 0�� � } m N� N�` N E 9I E E "�;n m'O m V mU mu�.0 m'►� e M O aOl O� �fl M Q Q Q N M t� � � � N z Z z N W � � O W N N m N e�l •C '` � d .0 C � C L C N y _ A Vti � w 0� Q � � pdp N d > c a c °= c e .c'- c a;i � Am' � E N N N` � N�� Z m V E 4- d v?t u� �io a3iEe '9E ; ° ='� ZO ZV ZV Z�V �� r�.n 0 N ^ b ^ d Q a � °� Z Z Z ^ M N O� O N M ^ C C � y O�s O C .0 '.q-. .p. q .d N d M N �n V w u O�' �°�' } m �:e �` NE °'EE „A m'O m' V m'U m� V mH 8.03 0 d Q z z rv n n N C p N N y d d c E � 9! � a' m' E � e � � Z Z 0 O N d �� M � y N c c c � N y m 1 J � 2 d \ z z N r1 > � o � d c C �', a° m' a E J O . � � a� �� `c w . q � � °a� �.ao o< `�e.� � v� Resolution No. -1999 A RESOLUTION AUTHORIZING THE SIGI�TING OF AN EMPLOYMENT AGREEMENT BETWEEN FIREFIGHTERS AND THE CITY OF FRIDLEY. WHEREAS, Fridley Firefighters Local # 1986, as bargaining representative of the Firefighters of the City of Fridley, has presented the City of Fridley various requests relating to their employment contract with the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to the Firefighter's employment contract with the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and � WHEREAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit A) relating to the wages and working conditions of Firefighters of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10� DAY OF MAY, 1999. Attest: Debra A. Skogen • � . Nancy J. Jorgenson - Mayor LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 1999, 2000 AND 2001 FXHIBIT A 8.05 FIREFIGHTERS LOCAL NO 1986 CONTRACT FOR 1999, 2000 AND 2001 TABLE OF CONTENTS ARTICLE � PAGE I. PURPOSE OF AGREEMENT .....................................................4 II. RECOGNITION ...........................................................................4 III. DEFINITIONS .............................................................................4 IV. EMPLOYER SECURITY .............................................................6 V. EMPLOYER AUTHORITY .........................................................6 VI. UNION SECURITY .....................................................................7 VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ................ 7 VIII. SAVINGS CLAUSE .....................................................................10 IX. SENIORITY ..........................................:.........................................10 X. DISCIPLINE ................................................................................11 XI. WORK SCHEDULES ..................................... ..11 ........................... XII. ANNUAL LEAVE ........................................................................12 XIII. SHORT TERM DISABILITY ......................................................13 XIV. PAY FOR CALL BACK AND DRILLS .......................................14 XV. EMPLOYEE EDUCATION PROGRAMS ..................................14 XVI. HOLIDAYS ...................................................................................15 XVII. PROBATIONAR,Y PERIODS ......................................................16 XVIII. FUNER.AL PAy .........................................................................16 XIX. JURY PAY ....................................................................................16 �� ' 1 . XX. UNIFORM ALLOWANCE ..........................................................17 XXI. INSURANCE ................................................................................17 XXII. R.ATES OF PAY ...........................................................................18 XXIII. ADDITIONAL INCENTIVE PAY ...............................................18 YXIV. COLLEGE CREDITS ..................................................................18 XXV. SEVERANCE PAY .......................................................................19 XXVI. WAIVER .......................................................................................19 XXVIIDUR.ATIOIV ..................................................................................19 3 8.�7 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986, hereinafter called the UNION. It is the intent and purpose of the AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II. RECOGIVITION The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all personnel in the following job classifications: 1. Firefighter. ARTICLE III. DEFIlVITIONS 3.1 Union The International Association of Firefighters Local No. 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 19�6, .t . . . 1 . 3.3 Emplovee A member of the exclusively recognized bargaining unit. 3.4 Department The City of Fridley Fire Department 3.5 Emplover The City of Fridley. 3.6 Chief The Chief of the Fire Department of the City of Fridley. 3.7 Union Officer Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 Overtime Work performed at the express authorization of the EMPLOYER in exces5 of the number of hours in a work period specified by the Federal Fair Labor Standards Act. 3.9 Scheduled Shift A consecutive work period including two rest breaks and one or more meal breaks. 3.10 Rest Breaks Two twenty (20) minute periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Meal Break A one (1) hour period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 0 • t • 5 3.12 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges of obligations of employment. 3.13 Base Rate of Pav The Employee's hourly rate of pay exclusive of longevity or any other special allowance. 3.14 Compensatorv Time Time off during the employee's regularly scheduled work scheduled equal in time to 1.5 times overtime worked. 3.15 Severance Pav Payment made to an employee upon honorable separation of employment. 3.16 Sa_ larv A fixed payment at regular intervals for services as set forth and agreed to in this contract. 3.17 Compensation Salary reduced by those amounts as required by law and/or authorized by the employee. � ARTICLE N. EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interferences with the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and mana�e all personnel, facilities, and equipment; to establish functions and programs; �o set and amend budgets; to determine the utilization of technology; to establish , • 6 8.10 and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI. UIVION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, o�ders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Union Representatives The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UI�TION REPRESENTATIVES and of their successors when so designated as provided by Section 6.2 of the AGREEMENT. � 8.11 7.3 Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure Step 1• An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2• If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UIVION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writin� to Step 4 by the UNION within ten (10) calendar days shall be considered waived. 8 8.12 Step 4• A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing and the Arbitration of Grievances" as established by the Public EmpToyment Labor Relations Board. 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to amend, modify, nullify, ignore, and to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNIC?N and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be born equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step E 8.13 may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedv If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII. SAVINGS CLAUSE The AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX. SENORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE CHIEF on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in the employee's previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of that layoff before any new employee is hired. 10 8.14 9.4 Vacation periods to a maximum of two (2) weeks shall be selected on the basis of seniority until May 1St of each calendar year. ARTICLE X. DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause and disciplinary action may be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. ARTICLE XI. WORK SCHEDULES 11.1 The normal work schedule for the employees of the Fire Department shall consist of a fifty (50) hour work week including hours worked on assigned shifts, holidays, and authorized leave time. The Department Manager is responsible for scheduling and assigning the weekly work schedule. 11.2 The City claims the authority to schedule EMPLOYEE'S duty schedule. 11.3 It is recognized by the parties that service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The employer will give advance notice to the employees affected by ihe establishment of work days different than the normal employee's work day. 11.4 It is also recognized by the parties that service to the public may require the establishment of regular work weeks that schedule work on Satbgx°days and/or �� 8.15 ARTICLE XIII. SHORT TERM DISABILITY 13.1 Each employee who has successfully completed the employee's probationary period shall be eligible for the short term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (213t) consecutive working day on which the employee is absent due to a physician-certified illness or injury off the job, and continuing until the employee returns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first. Such an employee shall also be entitled to full pay commencing on the eleventh (11th) consecutive working day on which the employee is absent due to a physician-certified illness or injury on the job and continuing until the employee returns to work able to carry out the duties and responsibilities of the employee's position or through the one hundredth (100th) working day of absence, whichever occurs first. The amount of any compensation for the short term disability benefit shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or injury, regardless of the number of spacing of episodes. The annual leave balance of any employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 13.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. _- 13.3 If an employee's off-duty illness or injury exceeds one hundred (100) working days, the employee may draw from the employee's remaining annual leave in addition to those benefits to which the employee receives in accordance with the workers' compensation provisions. 13.4 If an employee's on duty related illness or injury exceeds one hundred (10d� working days, the employee may draw from the employee's remaining ann�aal 13 8.17 leave in addition to those benefits to which the employee receives in accordance with the workers' compensation provisions. 13.5 When an employee exceeds the one hundred ten (110) working days (off duty) disability or one hundred (100) working days (on duty) disability and commences to draw on annual leave, the employee shall again accrue benefits in accordance with accepted City policy. ARTICLE XIV. OVERTIME 14.1 General: Hours worked in excess of the regularly scheduled fifty (50) hour work week shall be paid at the rate of one and one-half (1 %) times the hourly rate calculated in accordance with the provisions of the Fair Labor Standards Act. It is not required that an employee be scheduled to work more than the regularly fifty (50) hour work week; however, each employee has an obligation to work overtime if requested, unless circumstances prevent the employee from doing so. 14.2 Call Back: In the event an employee not working a regularly scheduled shift is called back to work, the employee shall be paid a minimum of one (1) hour at the overtime rate. And time worked in excess of one (1) hour will be calculated in fifteen (15) minute increments. To calculate the time worked on call back, time shall be considered to have started at the time of the alarm or call. In the event there is a delayed response to work by the employee of fifteen (15) or more minutes, time shall be considered to have started when the employee arrives at work. ARTICLE XV. EMPLOYEE EDUCATION PROGftAMS 15.1 The City will pay certain expenses for certain education courses based on the following criteria. a. The training course must have relevance to the Employee's present or anticipated career responsibilities. Attendance shall be at City appro�ed institution. The course must be approved by the Department Manager. b. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 14 : : 15.2 Employee Education Programs Financial Policy Financial assistance not to exceed the amount of two thousand nine hundred twenty-five dollars ($2,925.00) per EMPLOYEE per year will be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course. Charges for student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The City will pay fifty percent (50%) of the cost of tuition in advance of the EMPLOYEE'S actual participation in the course upon receipt of written evidence that the EMPLOYEE has paid the entire tuition for the course. Upon successful completion of the course an EMPLOYEE will be required to present to his/her Department Manager a certification of satisfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, seventy percent (70%) or above is required. � c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses is required. 15.3 If the employee satisfactorily completes the course, the employee will be reimbursed for the additional fifty percent (50%) of the tuition cost incurred as well as for the cost of any course required books, educational materials, or fees. If the EMPLOYEE fails to satisfactorily complete the course, the City will not reimburse the EMPLOYEE for these costs. 15.4 The program will not reimburse the employee for hours spent in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 15.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. ARTICLE XVI. HOLIDAYS 16.1 Holidays include New Year's Day, January 1; Martin Luther King Day, the third Monday in January; Washington and Lincoln's Birthday, the thixd Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veterans' Day, 15 C; � November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided. When New Year's Day, January 1; or Independence Day, July 4; or Veterans' Day, November 11; or Christmas Day�, December 25; falls on Sunday the following day shall be a holiday, and provided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans' Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. 16.2 In addition to the holidays listed above, employees covered by this contract shall be entitled to two (2) additional paid holidays designated by the City Council for a total of eleven (11) paid holidays per year. 16.3 EMPLOYEES shall be paid for ten (10) hours at their regular rate of pay for each scheduled holiday. Annual leave hours taken during a pay period shall be reduced by the number of holidays hours earned during that same pay period, unless the EMPLOYEE requests otherwise in advance in writing to the payroll division of the Finance Department. 16.4 Effective January 1, 1999, employees required to work on any of the following four holidays: Memorial Day, Fourth of July, Labor Day, and Christmas shall receive an additional one-half time pay for each hour they work on such holiday. ARTICLE XVII. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. ARTICLE XVIII. FUNERAL PAY 18.1 In case of death occurring in the immediate family of an employee, by an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the following: spouse, child (natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law. ARTICLE XIX. JURY PAY 19.1 It shall be understood and agreed that the City shall pay all regular full-time employees serving on any jury the difference in salary between jury pay and the employee's regular salary or pay while in such service. ' 16 $.Z� i ARTICLE XX. UIVIFORM ALLOWANCE 20.1 The EMPLOYER shall provide a uniform clothing allowance for Firefighters, said allowance to be paid in cash in January of each year. The allowance shall be $400.00 for 1999, 2000 and 2001. ARTICLE XXI. INSURANCE 21.1 The EMPLOYER will contribute up to a maximum of three hundred seventy- eight dollars ($378.00) per month per employee toward health, life and long- term disability insurance, in accordance with the EMPLOYER'S flexible benefit plan, for employees choosing dependent coverage for the calendar year 1999 and the same amount as approved by the City Council for non-union employees in 2000 and 2001. 21.2 The EMPLOYER will contribute up to a m�imum of two hundred thirty dollars ($230.00) per month per employee toward health, life and long-term disability insurance, in accordance with the EMPLOYER'S flexible benefit plan, for employees choosing single coverage for the calendar year 1999 and the same amount as approved by the City Council for non-union employees in 2000 and 2001. 21.3 By mutual agreement each employee may use up to fifteen dollars ($15.00) per month of health insurance dollars in 21.1 and 21.2 for group health insurance offered through the City, in accordance with the EMPLOYER'S flexible benefit plan. 21.4 Individual employees may provide for an increased EMPLOYER contribution for insurance over that amount stipulated in 21.1 by lowering their compensation from the rates stipulated in Articles XXII, XXII, and XXIV to provide for the employee's health insurance and dental insurance, including dependent coverage, and life insurance. 21.5 The EMPLOYER will provide group term life insurance with a maximum of $25,000 per EMPLOYEE and additional accidental death and disability insurance with a maximum of $25,000 per EMPLOYEE. �: 17 ARTICLE XXII. RATES OF PAY 22.1 Firefi h�ers First six months After six months After 1 1/� years After 2 1/2 years After 3 1/2 years 1999 $14.15 $14.87 $15.60 $16.38 $17.21 2000 2001 $14.58 $15.32 $16.07 $16.87 $17.73 ARTICLE XXIII. ADDITIONAL INCENTIVE PAY $15.01 $15.78 $16.55 $17.37 $18.26 23.1 Incentive pay will be paid over and above the standard base rate or going rate of EMPLOYEES hired prior to January 1, 1974 according to the following schedule, provided employees have made demonstratable progress towards improving their proficiency for their particular job title or job assignment. After 5 years of service $24 After 10 years of service $48 After 15 years of service $72 ARTICLE XXIV COLLEGE CREDITS 24.1 The EMPLOYER and UNION leave this section open for further discussion for the year 2000. For Firefighters hired after January 1, 1974 the City will pay for education credits earned at an accredited institution of higher learning at the rate of $.40 per quarter credit starting with the ninety-first (91st) quarter credit up to a m�imum of one hundred eighty (180) credits or a maximum of $36.00 per month. All courses taken must be approv�d by the EMPLOYER. No Firefighter hired after January 1, 1974 will be eligible for payments under ARTICLE XXIII. No Firefighter will draw both additional incentive pay under ARTICLE XXIV, and pay for educational pay under AR,TICLE XXIV, and pay or education credit. EMPLOYEES will not be eligible for education credits during their twelve (12) month probationary period. A determination of the number of credits an EMPLOYEE is eligible for will be made on December 1 of the previous year. Credits earned during the year will not be counted until the succeeding year. The City will not pay tuition for courses that the EMPLOYEE will later be paid for as noted above. :, 8.22 ARTICLE XXV. SEVERANCE PAY 25.1 For all employees hired prior to January 1, 1978, the severance pay policy shall be as follows: Any EMPLOYEE with forty-eight (48) or more consecutive months of employment will receive severance pay in cash based on one and one-half (1 %Z) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of the same. ARTICLE XXVI. WAIVER 26.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT, are hereby superseded. 26.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the UI�TION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this agreement or with respect to any term or condition of employment not specifically referred to or covered in this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXVII. DURATION The AGREEMENT shall be effective as of January 1, 1999, and shall remain in full force and effect until the thirty-first day of December 2001. In witness whereof, the parties hereto have executed this AGREEMENT on this day of 1999. 19 8.23 FOR THE CITY OF FRIDLEY: MAYOR -NANCY J. JORGENSON CITY MANAGER - WILLIAM W. BURNS FOR THE INTERNATIONAL ASSOCIATION OF FIREFIG�-ITERS LOCA�, NO. 1986: ` JSW � JOHN %� .� � � � RONALD R. LAR,SON I hereby recommend to the City Council approval of this agreement. 20 8.24 9.01 � ` CRY OF FRIDLEY . CLAIMS MAY 10, 1999 CLAIMS 86826 - 87076 � L CITY OF FRIDLEY Type of License .B�' CIGARETTE SALES LICENSES MAY 10, 1999 Approved By: Cub Foods 1998 LLC Kim M. Erickson Police Department 250 - 57�' Avenue NE Fire Department Fridley MN 55432 Community Development Mike's Gas and Grocery Lou Anne Mihalek Police Department 6485 East River Road Fire Department Fridley MN 55432 Community Development Ozzie's Robert Allen Wineman Police Depariment 620 Osborne Road Fire Department Fridley MN 55432 Community Development Sam's Club #6310 Rick W. Brazile Police Department 8150 University Avenue NE Fire Department Fridley MN 55432 Community Development FIRE ARM DISCHARGE WITHIN THE CITY LIMITS Stanton O. Berg Stanton O. Berg 6025 Gardena Lane Fridley MN 55432 FOOD SALES Cub Foods 1998 LLC Kim M. Erickson 250 - 57`�' Avenue NE Fridley MN 55432 Dairy Queen Ron Kraus 225 Osborne Road Fridley MN 55432 Fridley A& W William H. Wiles 7429 East River Road Fridley MN 55432 Great Lake Restaurant Thanh Huynh 7890 University Avenue NE Fridley MN 55432 Hong Kong Kitchen Karen Kwan 6562 University Avenue NE Fridley MN 55432 11.01 Police Department Fees: $ 125.00 $ 125.00 $ 170.00 $ 125.00 $ 25.00 Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community DevelopmeN $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 Type of License McDonald's 8100 University Avenue NE Fridley MN 55432 McDonald's 8450 University Avenue NE Fridley MN 55432 Mike's Gas and Grocery 6485 East River Road Fridley MN 55432 Ricky's Embers 5400 Central Avenue NE Fridley MN 55432 Target Store 755 - 53rd Avenue NE Fridley MN 55432 University Sinclair 6071 University Avenue NE Fridley MN Wong's Gourmet 1254 East Moore Lake Drive Fridley MN 55432 LIVESTOCK Catherine A. Olson 612 Lafayette Street NE Fridley MN 55432 Steve Wayne Soderholm 5336 Fifth Street NE Fridley MN 55421 MOTOR VEHICLE BODY REPAIR Buttweiler Auto Body, Inc. 7869 Beech St. NE Fridley MN 55432 Sam's Auto Body, Inc. 7570 Highway 65 NE Fridley MN 55432 � Mark Wheeldon Mark Wheeldon Lou Anne Mihalek Joseph S. Rickenbach Michael R. Johnson Park L Wong Catherine E. Olson Approved By: Police Department Fire Department Community Developmen Police Department Fire Department Community Developmen� Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Department Fire Department Community Development Police Deparhnent Fire Deparhnent Community Development Fees: $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 Community Development $ 35.00 Building Inspections Steve Wayne Soderholm Community Development $ 35.00 Building Inspections Timothy Buttweiler Sam Awaijane 11.02 Police Department Fire Department Community Development Police Department Fire Deparhnent Community Development $ 150.00 $ 150.00 Type of License PEDDLER/SOLICITOR Asphalt Driveway 11770 McKusick Road Stillwater MN 55082 Fridley VFW Post #363 1040 Osborne Road Fridley MN 55432 PRIVATE GAS PUMP United Defense 4800 East River Road Fridley MN 55432 Unity Hospital 550 Osborne Road Fridley MN 55432 REFUSE HAULER Aspen Waste Systems, Inc. 2523 Wabash Avenue Saint Paul MN 55114 Johnson Sanitation 1000 - 2615` Avenue NE Isanti MN 55040 � Scott K. Smith George Arnold Buddy Poppy Sales Douglas L. Hildro Robert E. Kirscher LeRoy A.Johnson Waste Management of Minnesota, Inc. Rodney Proto 10050 Naples Street NE Blaine MN 55449 RETAIL GASOLINE SALES Mike's Gas and Grocery Lou Anne Mihalek 6485 East River Road Fridley MN 55432 TEMPORARY OUTDOOR FOOD SALES Fridley Amoco Certicare Sue Nelson 7680 Highway 65 NE Fridley MN 55432 11.03 Approved By: Fees: Police Department $ 60.00 Community Development Police Department Request Community Development Waiver Police Department $ 30.00 Fire Department Community Development Police Department $ 30.00 Fire Department Community Development Police Department Fire Department Community Deve(opment Police Department Fire Department Community Development $ 150.00 $ 75.00 Police Department $ 195.00 Fire Department Community Development Police Department $ 60.00 Fire Departrnent Community Development Police Department $ 35.00 Fire Department Community Development � � CITY OF FRIDLEY Type of License BLACKTOPPING Asphalt Driveway Co 1211 E Hwy 36 St Paul MN 55109-2091 Lino Lakes Blacktop Inc 510 Lilac St Lino Lakes MN 55014 Minnesota Roadways Co 4370 Valley Industrial Blvd S Shakopee MN 55379 Northwest Asphalt Inc 1451 Stagecoach Rd Shakopee MN 55379-2797 ELECTRICAL Abel Electrical Contractors Inc 17701 149 Ave N Dayton Mn 55327-9515 Advanced Electric Co Inc 4407 Loretta Ln Minnetonka MN 55345-0731 Aid Electric Service Inc 7101 Hwy 65 NE Fridley Mn 55432-3302 American Eagle Electric Inc 18475 Rum River Blvd NW Anoka MN 55303-8970 LICENSES MAY 10, 1999 � Tom Knox Tom Ramsden Jack Mueller Sheila Geibe Rebecca DeMers Ronald Leidall Gerald Koskiniemi Bill Masloski Approved Bv RON JULKOWSKI Buildi�g Official Same Same Same STATE OF MN Same Same Sarr�� Tvpe of License Anderson Claude M Electric Co Inc 1551 Payne Ave St Paul MN 55101-3218 Bacon's Electric Co 7731 Main St NE Fridley MN 55432 Bassing Electric Inc 1354 McKay Dr Ham Lake MN 55304-6128 Berndt Electric Service Inc 6528 W Lake St STE G Minneapolis MN 55426 Billmark Arnie Electric 14700 Armstrong Blvd NW Anoka MN 55303-3112 Blaine Heating AC & Elect Inc 13562 Central Ave NE Anoka MN 55304-6920 Bolt Electric Inc 7344 Cedar Ave S Richfield MN 55423 Braastad Electric Inc 16909 Aberdeen St NE Ham Lake MN 55304 City View Electric Inc 1145 Snelling Ave N St Paul MN 55108 Collins Electrical Systems-Collisys 4990 N Hwy 169 New Hope MN 55428-4026 � John Schroepfer Richard Paddock Richard Bassing Richard Berndt Arnie Billmark Kenneth Chouinard Penny Wright Rick Braastad Timothy Hurlbut Richard Boe 11.05 Approved By STATE OF MN Same Same Same Same Same Same Same Same Same Type of License Comm-Tech Electricai Contr Inc 14216 23 Ave N Plymouth MN 55447-4910 Commonwealth Electric of MN Inc 601 Campus Dr New Brighton MN 55112-3495 Donnelly Electric Inc 1126 Rice St St Paul MN 55117-4923 Dymanyk Electric Inc 1915 NE Broadway St NE Minneapolis MN 55413-1758 Egan-McKay Electrical Contr Inc 7100 Medicine Lake Rd Minneapolis MN 55427-3673 Electric Repair & Construction Co Inc 4024 Washington Ave N Minneapolis MN 55412-1790 Electric Service Co 1609 Chicago Ave S Minneapolis MN 55404-1697 Electric Systems of Anoka Inc 6314Hwy10NW Anoka MN 55303 Freeway Electric of Afton Inc PO Box 275 Afton MN 55001-0275 Gilbert Mechanical Contrs Inc 4451 W 76 St Edina MN 55435 � Michael Schmitt Roger Storms Joseph Sobanski Debra Hrbek Donald Swanson David Hennek Wally Cisewski Terry Lehn Terry Wiegele John Gorman 11.06 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same � Type of License Giynn's Northeast Electric Inc 4219 Central Ave NE Columbia Heights MN 55421 Gunnar Electric Company 7960 Eden Prairie Rd Eden Prairie MN 55347-1157 Harrison Electric Inc 2525 Nevada Ave N #301 Golden Valley MN 55427-3643 Heights Electric Inc 704 40 Ave N E Columbia Heights MN 55421-2998 Highland Electric Inc 2030 St Clair Ave St Paul MN 55105-1100 Hilite Electric Inc 1953 Shawnee Rd Eagan MN 55122 Industrial Electric Co 660 Taft St NE Minneapolis MN 55413 JNK Electric Inc 321 Quincy St NE Minneapolis MN 55413 JT Electric Service Inc Box 476 Albany MN 56307 Killmer Electric Co Inc 5141 Lakeland Ave N Crystal MN 55429 � Steven Glynn Lois Walters Michael Harrison Steven Nelson William LaLonde Save Banaszewski Gary Novak John Kouri Terry Oehrlein Duane Palmer 11.07 Approved By STATE OF MN Same Same Same Same Same Same Same Same Same Tvpe of License King Electric Inc PO Box 296 Circle Pines MN 55014 Lakeview Electric Co 8116 Pillsbury Ave S Bloomington MN 55420-1107 Lindell Electric Inc 1366 108 Ave N E Blaine MN 55434 Lovegren Electric Co 5905 Lexington Ave N Shoreview MN 55126-5615 Mr Electric of Anoka 14006 Norway St NW Andover MN 55304 Mayer Electric Corp 5128 Hanson Ct Minneapolis MN 55429-3182 Medina Electric Inc PO Box 68 Loretto MN 55357-0068 Mertz Tom Electric Inc 700 Hamel Rd Hamel MN 55340 Midwest Electric Co 6230 Larch Ln N Maple Grove MN 55369 Mik-Lyn Electric Co Inc 12358 Business Park Blvd N Champlin MN 55316 � Gerald Gannucci Lester Froysa Romy Dokter Curtis Lovegren Jeff Warner Cherie Holm Harvey Dahl Thomas Mertz D Wermerskirchen Michael �elko 11.08 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same �� �pe of License Minncast Inc 200 Commerce Cir S Fridley MN 55432-3105 Muska Electric Company 1985 Oakcrest Ave Roseville MN 55113-2686 New Mech Companies Inc 1633 Eustis St St Paul MN 55108 North Side Electric Co 1405 44 Ave N Minneapolis MN 55412-1343 Olympic Electric Co Inc 7103 Amundson Ave S Edina MN 55439-2020 Phasor Electric Co 15300 25 Ave STE 400 Plymouth MN 55447 Prairie Electric Co Inc 6595 Edenvale Blvd #120 Eden Prairie MN 55346-2567 Pro-Tec Design Inc 2950 Xenium Ln #136 Minneapolis MN 55441 _ RTS Electric 8720 257 Ave NW Zimmerman MN 55398 Residential Electric Inc 2356 Charles Ave St Paul Mn 55114-1622 � Michael Brown Mahlon Christensen Jerry Poser James Stumpfa Paul Kosmides Kirk Herman Ronald Oswald Tim Warner Thomas Rzeszutek John Heinen 11.09 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same Same Type of License Richmond & Sons Electric Inc 5182 W Broadway Crystal MN 55429-3591 Ridgedale Electric Inc PO Box 410 Long Lake MN 55356 Ries Electric Company 777 N Concord St S St Paul MN 55075-1195 Rivard Electric Co Inc 7087 Progress Rd Centerville MN 55038 Royalton Heating & Cooling 4120 85 Ave N Brooklyn Park MN 55443 Service Electric Inc/Tri-Service Electric 232 Shorewood Cir Rush City MN 55069-2747 Shortstop Electric Inc 16481 Flintwood St NW Andover MN 55304 Snyder Electric Co 6112 Excelsior Blvd St Louis Park MN 55416-2766 South Side Electric Inc 9201 E Bloomington Freeway STE H Bloomington N 55420-3494 Star Electric Inc 8910 23 Ave N Golden Valley MN 55427 � Scott Follese Gerald Wagoner John Ries Donald Rivard Tom Stewart Dennis Wood Bob Boyum Jerry Snyder David Wintheiser Gerald De Gidio 11.10 Appr°oved �y STATE OF MN Same Same Same Same Same Same Same Same Sa�c:: Tvpe of License Superior Heating & Electric 2132 2 Ave N Anoka MN 55303 Tele-Tech Communications 3989 Central Ave NE #200A-11 Columbia Heights MN 55421-3957 Three Phase Electric Inc 2705 Fox Ridge Blaine MN 554495902 Total Electric Inc 10760 Mankato St NE STE 1 Blaine MN 55449-4398 Weber Electric Inc 577 Shoreview Park Rd Shoreview MN 55126 West Star Electric Inc 6324 Lakeland Ave N Brooklyn Park MN 55428-2309 EXCAVATING Bolander Carl & Sons Co 251 Starkey St St Paul MN 55107-0216 Frattalone F M Excavating & Grading Inc 3066 Spruce St St Paul Mn 55117 LeRoux Excavating Inc 2104 64 St White Bear Lake MN 55110 United Water & Sewer Co 11666 Wayzata Blvd Minnetonka MN 55305-2009 � Mark Johnson Morris Fraenkel Gary Hennings James LeVoir Steve Weber James Houg Dominique Najjar Susan Kees Thomas LeRoux James Spetz 11.11 Approved By STATE OF MN Same Same Same Same Same RON JULKOWSKI Building Official Same Same Same Type of License � Approved By GAS SERVICES A-1 Heating & AC Inc 6090 Pagenkopf Rd Maple Piain MN 55359-9495 ARE Plumbing 6139 172 Ln Ramsey MN 55303 Abel/B & C Inc 266 Water St Excelsior Mn 55331 Action Heating & Air Cond Inc 529 79 Ave NE Spring Lake Park MN 55432 Albers Mechanical Services Inc 200 W Plato Blvd St Paul MN 55107 Allied Fireside-See Fireside Corner American Heating & Air Supply 8347 University Ave NE Spring Lake Park Mn 55432-1163 Area Mechanical Inc 1970 Christensen Ave STE C-D W St Paul MN 55118 Automatic Garage Door & Fireplaces 220 77 Ave NE Minneapolis MN 55432 B & D Plumbing & Heating 4091 Maclver Ave St Michael MN 55376 Gerald Sturm Michael Muske David Ritchie Jay Hovland John Albers Pasquale Fragale Jill Onodt Robert Bennett Bruce Daleiden 11.12 RON JULKOV�/SKI Building Official Same Same Same Same Same Same Same Same Type of License Blaine Heating AC & Elect Inc 13562 Central Ave NE Anoka MN 55304-6920 Carbonic Machines Inc 2900 5 Ave S Minneapolis MN 55408-2484 Centraire Heating & AC Co 7402 Washington Ave S Eden Prairie MN 55344 Climatronics HVAC 11833 Douglas Dr N Champlin MN 55316-2424 Cool Air Mechanical Inc 1441 Rice St St Paul MN 55117-3899 ELK Mechanical HVAC 15940 Radium St NW Ramsey MN 55303 Egan Mechanical Contractors Inc 7100 Medicine Lake Rd Minneapolis MN 55427 Faircon Service 1891 W Co Rd C Roseville MN 55113-1304 Fireside Corner/Allied Fireside 2700 N Fairview Ave Roseville MN 55113 or 225 Co Rd 81 Osseo MN 55369 � Kenneth Chouinard Steven Kelly Leroy Seurer Chris Wege Chuck Worms Bill Kerns Gerald Egan Steven Holmer Kirk Sorenson 11.13 Approved Bv RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Tvpe of License Flare Heating & Air Inc 9303 Plymouth Ave N #104 Golden Valley MN 55427-3700 Foremost Mechanical Corp 501 W Lawson Ave St Paul MN 55117 G R Mechanical Plbg & Htg inc 12401 Ironwood Cir Ste 500 Rogers MN 55374 General Sheet Metal Corporation 2330 Louisiana Ave N Minneapolis MN 55447 Gilbert Mechanical Contractors Inc 4451 W 76 St Edina MN 55435 Golden Valley Heating & Air 5182 W Broadway Crystal Mn 55429-3591 Harris Companies 909 Montreal Cir St Paul Mn 55102 Home Energy Center 15200 25 Ave N #128 Plymouth Mn 55447 Horwitz Inc 8825 Xylon Ave N Brooklyn Park Mn 55445 Kath Heating AC & Electric 3096 Rice St Little Canada Mn 55113-5338 � Richard Guerre John McQuillan Greg Reinking James McCarthy John Gorman S Follese Robert Hosch Tom Meyer Wm McKoskey Larry Adams 11.14 Approved BV RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Same Tvpe of License Lakeland North Heating & Ac Inc 16041 Kangaroo St NW Anoka MN 55303 M& D Plumbing & Heating Inc 11050 26 St NE Anoka MN 55303 Maple Grove Heating & AC Inc 401 Co Rd 81 Osseo MN 55369-1647 Marlowe's Refrigeration & Heating 6325 Bloomington Ave S Richfield MN 55423-1768 Marsh Heating & Air Cond Inc 6248 Lakeland Ave N Brooklyn Park MN 55428 Master Gas Fitters 2240 Shawnee Dr N St Paul MN 55109 Master Mobile Home Service 1486 Cloud Dr NE Blaine MN 55449 Metropolitan Mech Contrs Inc 7340 Washington Ave S Eden Prairie MN 55344-3582 Minnegasco-See Reliant Energy Minnesota Gaslight & Fireplace 7866 University Ave NE Fridley Mn 55432 � Jim Nelson Michael Daleiden Steve MacDonald Marlower Koch Kelly Marsh Dan Perzichilli Barry Fassett Robert Kaczke Tim Chies 11.15 Approved Bv RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Tvpe of License Mobile Maintenance Inc 505 Fairmont St Fridley MN 55432 Mueller Plumbing & Heating 36605 Lincoln Trl North Branch MN 55056 New Mech Companies Inc 1633 Eustis St St Paul MN 55108 Northland Mechanical Contractors Inc 2900 Nevada Ave N New Hope MN 55427 Owens Services Corp 930 E 80 St Bloomington MN 55420-1499 P & D Mechanical 4629 41 Ave N Minneapolis MN 55422 P& H Services Co Inc 1601 67 Ave N Brooklyn Center MN 55430-1743 Pierce Refrigeration 1920 2 Ave S Anoka MN 55303 Practical Systems 14226 Norden Dr NW Rogers MN 55374 Reliant Energy-Minnegasco 700 W Linden Ave Minneapolis MN 55403 � Stephen �tzal Michael Mueller Larry Jordan Ken Mosloski John Owens William Daugherty David Steffens John Becker Scott Sporer David Larson 11.16 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Same Type of License River City Sheet Metal 9928 Bluebird St NW Coon Rapids MN 55433 Ron's Mechanical Inc 12010 Old Brick Yard Rd Shakopee MN 55379-2942 Roseville Plbg & Heating Inc 65 Owasso Blvd S St Paul MN 55117-1092 Rouse Mechanical Inc 2916 Nevada Ave N New Hope MN 55427 Royalton Heating & Cooling 4120 85 Ave N Brooklyn Park IV1N 55443 St Cloud Refrigeration Inc 604 Lincoln Ave NE St Cloud MN 56304 St Marie Sheet Metal 7940 Spring Lake Park Rd Spring Lake Park MN 55432 Sedgwick Heating & Air Cond Co 8910 Wentworth Ave S Minneapolis MN 55420-2853 Sharp Heating & AC Inc 4854 Central Ave NE Minneapolis MN 55421-1950 Spriggs Plbg & Heating Co Inc 124 Eva St St Paul MN 55107 � Chris Rapp Ron Coster Greg Deeb Gary Danzeisen Tom Stewart Patrick Welty Linda St Marie Thomas Sedgwick Kevin Hanson Michael Lenahan 11.17 Approved Bv RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Same Type of License � Standard Heating & Air Cond 410 W Lake St Minneapolis MN 55408-2998 Dave Melnick Steinkraus Plbg Inc 1800 Lake Lucy Rd Excelsior MN 55331 Merle Steinkraus Superior Contractors Inc 6121 42 Ave N Minneapolis MN 55422-1601 Donald Hoglund Superior Heating & AC & Elect 2132 2 Ave N Anoka MN 55303 Mark Johnson Thermex Corporation 3529 Raleigh Ave S St Louis Park MN 55416 Curtis Brekke Vogt Heating & AC 3260 Gorham Ave St Louis Park MN 55426-4189 Don Bell Ward Heating & AC Inc 2830 235 Ave NW St Francis MN 55070 Don Ward Yale Incorporated 9649 Girard Ave S Bloomington MN 55431 John Deblon GENERAL CONTRACTOR-COMMERCIAL All State Construction Service Inc 2610 1 Ave S Minneapolis MN 55408 Wayne Payne Amcon Construction Co 200 West Hwy 13 Burnsville MN 55337 Shawn Meschke 11.18 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same RON JULKOWSKI Building Official Same Type of License Anderson Brent Associates Inc 7610 Hwy 65 N E Fridley MN 55432 Anderson Construction 115SEImSt Belle Plaine MN 56011 Antco Construction Co 4175 Lovell Rd Lexington MN 55014 B& B Sheet Metal & Roofing Inc 210 Centennial Dr Buffalo MN 55313 Bainey Group 2800 Campus Dr #30 Plymouth MN 55441 Ballengee Robert Contr 5924 2 1/2 St N E Fridley MN 55432 Belair Builders 2200 Old Hwy 8 New Brighton MN 55112 Boulder Crest Exteriors 8417 Regent Ave N #115 Brooklyn Park MN 55443 Building & Property Services Co 7528 Artk�ur St NE Fridley MN 55432 CAM 7398 University Ave NE Fridley MN 55432 � Mike Bayer Gary Anderson Harold Shoberg Shawn Kinnery Greg Mortenson Robert Ballengee Peter Sargent Chris Cleath Cheryl Schatz Dean Sand 11.19 Approved By RON JULKOWSKI Building Official Same Sarrie Same Same Same Same Same Same Same Type of License Cave & Associates LTD 2489 Rice St #40 St Paul MN 55113 Crandall Rollin Construction 10501 Cedar Lake Rd #219 Minnetonka MN 55305 Dalco Roofing & Sheet Metal Inc 15525 32 Ave N Plymouth MN 55447-1494 Elder Jones Inc 1120 E 80 St #211 Bloomington MN 55420 Fridley United Methodist Ch 680 Mississippi St Fridley MN 55432 Garlock French Roofing Corp 2309 Snelling Ave S Minneapolis MN 55404 Hicks Brad Siding & Trim 20214 Arrowhead St Cedar MN 55011 Lake State Remodelers 6000 Bass Lake Rd #111 . Crystal MN 55428 Lange Dave Contractors 33025 Jewel Ct Chisago City MN 55013 McGough Construction Co Inc 2737 N Fairview Ave St Paul MN 55113 BY Sam Cave Rollin Crandall Richard Trumble John Elder Gerald Robb Karl Charipar Brad Hicks Glenn Lifinriller Dave Lange Richard Opitz 11.20 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Same Type of License Minco Products Inc 7300 Commerce Lane NE Fridley MN 55432 Northrup G M Corp 8525 W 163 St Lakeville MN 55044 P K Siding 1804 McAndrews Rd W Burnsville MN 55337 Pheifer John Contractor 700 Marigold Ter NE Fridley MN 55432 R& N Roofing Construction Inc 2555 Countryside Dr Long Lake MN 55356 Randall Construction inc 3025 Harbor Lane #230 Plymouth MN 55447 Right Way Roofing 14050 23 Ave N Plymouth MN 55447 Rite Way Waterproofing 448 Lilac St Lino Lakes MN 55014 Starmark Northwest Mgmt 5525 Cedar Lake Rd St Louis Park MN 55416 Steiner Development Inc 3610 Co Rd #101 Wayzata MN 55391 � Dave Schmidt John Northrup Paul Kleinsasser John Pheifer Jr Steve Schnebly Randy Olsen Scott Voves Charlene Messerich Tom Willoughby David Distad 11.21 Approved Bv RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Same Type of License Stock Roofing Inc 289 Liberty St NE Fridley MN 55432 Stone Construction Inc 2181 107 Ln NE Biaine MN 55449-5237 Tacheny Roofing & Siding Inc 49 S Owasso Blvd Little Canada MN 55117 Timco Construction Inc 9421 W River Rd Brooklyn Park MN 55444 Twin City Roofing 8605 Dunkirk Ln Maple Grove MN 55311 U S West Wireless 426 N Fairview Ave RM 101 St Paul MN 55104 United Properties (Northland Company) 3500 W 80 St #150 Bloomington MN 55431 Viking Construction Inc 244 W 7 St St Paul MN 55102 Visions Maintenance Free Exteriors 12751 Co Rd 5 #120 Burnsville MN 55337 Weikle Earl & Sons 2514 24 Ave S Minneapolis MN 55406 � Warren Stock Jerome Stone Don Tacheny Timothy McKee Todd Christensen Todd Smith David Roth George Fitzenberger Willard Weikle 11.22 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same Sarne Type of License Wellington Window & Door Co 3938 Meadowbrook Rd St Louis Park MN 55426 � Greg Scheff Welsh Construction Corp 8200 Normandale Blvd #200 Bloomington MN 55437 Greg Anderson Zeman Construction Co 2900 Washington Ave N Minneapolis MN 55411 John Zeman GENERAL CONTRACTOR-RESIDENTIAL A #1 Roofing (20127056) 5261 Edina Industrial Blvd Edina MN 55439 Roy Thomas A-Line Construction (20032753) 6171 189 Ln NW Anoka MN 55303 Added Value Exteriors (20098419) #7 Signal Hills Mall W St Paul MN 55118-2309 Rodney Engebretson I u ■..-� Addition & Remodeling Specialists (1109) 2618 Coon Rapids Blvd NW Coon Rapids MN 55433-3962 Roger Harju Advance Aluminum Supply Inc (7983) 7701 Main St NE Fridley MN 55532 James Myers Advance Companies of MN Inc (4423) 6400 Central Ave NE Fridley MN 55432 Frank Kitterman Advance Home Products Inc (2332) 3770 W Broadway Robbinsdale MN 55422 Mark Silverstein 11.23 Approved Bv RON JULKOWSKI Building Official Same Same STATE OF MN Same Same Same Same Same Same Type of License � Advanced Home Improvement (20017269) 16400 County Rd 81 Maple Grove MN 55369 Jeff Tatot AI-Ko Home Improvements (1927) 8090 4 Ave Lino Lakes MN 55014-2008 AI Kopecky Alcove Roofing & Siding (20138019) 3580 Kennebec Dr Eagan MN 55122 Aido Inc (2954) 17422 Minnetonka Blvd Minnetonka MN 55345 Roland Freeman Kurt Opheim All American Roofing & Remodeling (5160) 4112 97 Ln NE Blaine MN 55014 James Piersiak Alliance Home Values Inc (7925) 6250 Starlite Blvd NE Fridley MN 55432 Allstar Construction (3247) 3315 N Hwy 100 Crystal MN 55422 Norton Tucker Robert Vassallo Almeida Bob Construction (20132515) 15711 Nightingale St NW Andover MN 55304 Bob Almeida American Roofing & Construction Inc (20109395) 759 38 Ave Anoka MN 55303 Michael Kosloski Anderson Norsk Construction (7613) 12425 Creek Rd W Minnetonka MN 55305-3975 John Anderson 11.24 Approved By STATE OF MN Same Same Same Same Same Same Same Same Same Type of License � Anderson Scott J Construction (20062802) 299 17 Ave NW New Brighton MN 55112 Scott Anderson Aspen Roofing & Siding (20158715) 2735 Cheshire Ln Plymouth MN 55447 Schawn Waste Automatic Garage Door & Fireplace (1990) 220 77 Ave NE Minneapolis MN 55432 Robert Bennett B & B Roofing Service (9042) 6760 Madison St Fridley MN 55432 Jerry Bethel BIR Construction Inc (5145) 13005 Co Rd 5 Burnsville MN 55337 Scott Rajavuori BWE Construction Co (20058969) 476 Hawthorne Rd Lino Lakes MN 55014 Bruce Emerson Banner Roofing Corp (20012044) 6001 Lyndale Ave S Minneapolis MN 55419 Beissel Window & Siding (6453) 153 E Thompson Ave W St Paul MN 55118 Belair Builders (1238) 2200 Old Hwy 8 New Brighton MN 55112 Berwald Roofing Co (9403415 2440 N Charles St N St Paul MN 55109 Craig Dahl Josh Beissel John Stenglein Eugene Berwald 11.25 A�proved By STATE OF MN Same Same Same Same Same Same Same Same Same Type of License Best Siding Co Inc (2846) 1310 154 Ave N E Ham Lake MN 55304-5505 Bjorkstrand Companies Inc (8676) 4116 Diamond Dr Eagan MN 55122 Bodinski Steve Construction (20019069 2215 135 Ln NW Andover MN 55304 � Melvin Lund Jeff Hall Steve Bodinski Brost Commercial Repair (20107295) 677 Hamline Ave N St Paul MN 55104 Joseph Brost Brunn Construction Co Inc (4016) 1209 Old Hwy 8 New Brighton MN 55112 Builders & Remodelers (1100) 3517 Hennepin Ave S Minneapolis MN 55408 Builders By Design Inc (20026555) 18963 Jewell St NE Wyoming MN 55092-9505 Burns R C Co Inc (3918) PO Box 18338 Minneapolis MN 55418 Castle Building & Remodeling Inc (5657) 3323 Arthur St NE Minneapolis�MN 55418-1433 Central Contracting (5163) 10609 Meadow Lane Brooklyn Park MN 55443 Wayne Brunn Ken Bressler Daniel Schultz Bob Burns Marty Schirber Kenneth Jensen 11.26 Approved By STATE OF MN Same Same Same Same Same Same Same Same Same Type of License Christians Inc (3712) 1480 Park Rd Chanhassen MN 55317 Citywide Hoe Imp (3013) 1005 W Broadway Minneapolis MN 55411-2503 Claypool Brian Construction (201177073) 810 112 Ave NW Coon Rapids MN 55448 Condor Fireplace & Stove (7950) 8282 Arthur St NE Spring Lake Park MN 55432 � Approved BV STATE OF MN Chad Christians Paul Ocken Brian Claypool Glenda Starkweather Corrective Building Services Inc (20021056) 8892 Wentworth Ave S Bloomington MN 55420 Mark Basiago Country Concrete & Construction Inc (2675 16214 Xenia St NW Andover MN 55304-2352 Wayne Knudson Crystal Kitchen Center (7200) 668 N Hwy 169 Golden Valley MN 55427 Custom Remodelers(1748) 474 Apollo Dr Lino Lakes MN 55014 D & B Home Improvements (7773) 4901 105 Ln NE Circle Pines MN 55014 D & D Contractors Inc (6898 5279 Greenfield Ave Mounds View MN 55112 Jolynn Johnson Chad Carpenter William Friedrichs Dennis DuMoulin 11.27 Same Same Same Same Same Same Same Same Same Same Type of License � Damont Designers & Builders (20124849) 1638 Hwy 10 N E Spring Lake Park MN 55432 Paul Funke Danielson G R& Son Const (20122709) 1347 146 Ave NW Andover MN 55304 Gary Danielson Darr Brent Construction (20134193) 12601 Able Cir NE Blaine MN 55434 Brent Darr DuAll Service Contr Inc (3178) 636 39 Ave N E Columbia Heights MN 55421 Gary Dooner Eagleview Construction Inc (20076043) 2937 174 Ln NW Andover MN 55304 Jim Szyplinski Eastman Brothers (20098635) 14721 Germanium St NW Ramsey MN 55303 Richard Eastman Enviro Therm LLC (9141) 35499 Dolphin St NW Princeton MN 55371 John Kopacek Feyereisen Construction Inc 3404 Zane Ave N Crystal MN 55422 David Feyereisen Fireplace Center (3119) 12460 Wayzata Blvd Minnetonka MN 55305 Don Miller Fireside Corner Inc (20090911) 2700 N Fairview Ave Roseville MN 55113-1306 Kirk Sorensen 11.28 A�proved By STATE OF MN Same Same Same Same Same Same Same Same Sarne Type of License � Four Seasons Builders & Remodelers (20153478) 1410 Quant Ave N Marine on St Croix MN 55047 Darrell Schaapveld Franzen Construction Co (2744) 4250 5 St NE Columbia Heights MN 55421 Garlock French Roofing (1423) 2309 Snelling Ave Minneapolis MN 55404 Gates Roofing (6793) 4640 Ximines Ln Plymouth MN 55442 Gladstone Window & Door (2110) 8170 English St Maplewood MN 55109-4315 Robert Franzen Karl Charipar Bruce Gates Robert Long Gopher Company (8617) 445 Malcolm Ave SE Minneapolis MN 55414 Tommy Jordan Great Northern Resources Inc (20117027) 9109 Davenport St NE Blaine MN 55449 David Larson Grussing Roofing Inc (9212) 4305 Shady Oak Rd Hopkins MN 55343 Harco Construction Co (20169750) 6405 62 Ave N Crystal MN 55428 Harris Richard Const (3765) 6200 Riverview Ter NE Fridley MN 55432 � � Don Grussing Lloyd Harr Richard Harris 11.29 Approved Bv STATE OF MN Same Same Samae Same Same Same Same Same Same Type of_License � Hastings Richard Contr (4051) 6331 Riverview Ter NE Fridley MN 55432-4846 Richard Hastings Heart Home Improvement (20169074) 3015 37 Ave S Minneapolis MN 55406 William Long Hendricks Roofing & Remodeling Co (20032276) 9737 James Ave S Bloomington MN 55431 Mark Hendricks Home Enhancers Inc (1949) 8609 Lyndale Ave S #301 Bloomington MN 55420 Jim �ebusch Home Owners Improvement Co (20146454) 9767 Brighton Ln Eden Prairie MN 55347 Robert White Ideal Construction Inc (4240) 12621 Tyler Cir NE Blaine MN 55434 Blair George J D Construction Inc of Anoka (5157) 926 Black Oaks Ln ' Anoka MN 55303 Jo Schmit J W Roofing (9138) 1227 B Tyler St NE Minneapolis MN 55413 John Febo Jansick Inc (8618) 6480 Squire Dr NE Fridley MN 55432 Gary Jansick Johnny On The Spot Construction (20138533) 4208 Brunswick Ave N Crystal MN 55422 William Brombardier 11.30 Approved BV STATE OF MN Same Same Same Same Same Same Same Same Same Tvpe of License � Jones Les Roofing Inc (6560) 941 W 80 St Bioomington MN 55420 Les Jones KCI-See Kozitza Construction Kastle Roofing & Remodeling (20029530) 809 E 48 St Minneapolis MN 55417 Robert Schuller Kingdom Exteriors (20168211) 5255 East River Rd #210 Fridley MN 55421 Gary Robideau Knutson Roofing & Siding (2501) 9307 Hillside Dr Champlin MN 55316 Jack Knutson Kozitza Construction (KCI) (2650) 9175 Isanti St NE Blaine MN 55449 Allen Schlichting LaFrance Exteriors (20081887) 342 McKinley St Anoka MN 55303 Jeff LaFrance Lake State Remodelers Inc (20047291) 6000 Bass Lake Rd #111 Crystal MN 55428 Glenn Litwiller LaMere Concrete & Masonry Inc (3588) 7 T4 � 8 1/2-Ave N E -- Minneapolis MN 55418 Bruce LaMere Lindsay Jayson Roofing (20172717) 2638 Clearview Ave . Mounds View MN 55112 Jayson Lindsay 11.31 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same Type of License � Lindstrom Cieaning & Construction (1087) 9621 Tenth Ave N Plymouth MN 55441 Gary Hennen Lloyds Home improvements Inc (1798) 1012 42 1/2 Ave N E Columbia Heights MN 55421 Lloyd Graczyk Lodermeier Construction (20112515) 851 Hwy 10 NE Blaine MN 55434 Lonn's Construction (2365) 841 Gabriel Rd St Paul MN 55119 MCR Roofing (20063096) 829 20 Ave NE Minneapolis MN 55418 Mr Builder Corp (2370) 17527 Xenia St NW Andover MN 55304 Manufactured Housing Systems (6691) 8465 Center Dr NE Spring Lake Park MN 55432 Marquis Inc (8439) 1211 Old Hwy 8 New Brighton MN 55112 Maverick Construction (5572) 11227 River Rd NE Hanover MN 55341 Meland Construction Inc (4980) 5230 Red Oak Dr Mounds View MN 55112 Brian Lodermeier Lonn Greenlee Mary Cornell Len Horishnyk Ray Dosdall Mark Pignatello Greg Snow Scott Meland 11.32 Approved By STATE OF MN Same .�1ii� Same Same Same Same Same Same � Tvpe of License Metro Siding Inc (4861) 2750 Niagara Ln N Plymouth MN 55447 Midwest Cedar Timberoof Co (20147336) 1003 E Cliff Rd Burnsville MN 55337 � Michael Cox Brett Nesenson Midwest Construction Services Inc (20101426) PO Box 442 Litchfield MN 55355 Ken Cote Midwest Restoration & Const (5267) 6319 Hwy 65 NE Fridley MN 55432 Gary Wruck Midwest Siding Roofing Windows Inc (20010277) 18979 Gladstone Blvd Maple Grove MN 55311 Greg Gerulis Midwest Window Co (2130) 3739 Minnehaha Ave S Minneapolis MN 55406 Gary Hartke Minnesota Exteriors Inc (2877) PO Box 266 Osseo MN 55369 Jim Heideman Minnesota 1 Construction (20093084) 2316 Jefferson St NE Minneapolis MN 55418 Robb Willman Minnesota Rusco Inc (2173) 9901 Smetana Dr Minnetonka MN 55343 Mobile Maintenance Inc (8198) 505 Fairmont St NE Fridley MN 55432 Mel Hazelwood Steve Witzel 11.33 Approved By STATE OF MN Same Same Same Same Same Same Same Same Same Type of License Modeen Company (3867) 6572 Meadowlark Ln Maple Grove MN 55369 Mon-Ray Inc (5111) 8224 Olson Memorial Hwy Golden Valley MN 55427 Moon Roofing (20098632) 3709 Welcome Ave N Crystal MN 55422 Monti's Building & Remodeling (8825) 1000 113 Ave NE Blaine MN 55432 Murphy Bros Building (3416) �61393LnNE Blaine MN 55449 Netko Dan Exteriors Inc (20060494) 7118 Riverdale Rd Brooklyn Center MN 55430 Norling Exteriors (20098700) 341 79 Way NE Fridley MN 55432 Norsk Concrete Construction (7333) 1115 Osborne Rd Spring Lake Park MN 55432 North Central Builders (3763) 7401 42 Ave N New Hope MN 55427 North Metro Construction (20098397) 525 Tower Pond Ct Anoka MN 55303 � Ken Modeen Greg Murtha Tom Mooney Monti Gesino John Murphy Dan Netko Jim Norling Randy Jackson Larry Kraatz Gavin Borkowski 11.34 AppPOVed �1/ STATE OF MN Same Same Same Same Same Same Same Sarn� Sar��� Tvpe of License Northern Sun Builders (6526) 772 Mississippi St NE Fridley MN 55432 Northern Crest inc (20098415) 8245 Polk St NE Spring Lake Park MN 55432 Northern Exposure Exteriors (20173814) 8944 181 Ave NE Forest Lake MN 55025 Northland Siding & Insulation (4158) 18461 Cedar Dr NW Cedar MN 55011 Northstar Home Improvement Inc (5336) 6121 Excelsior Blvd #207 St Louis Park MN 55416 Nutzmann Bros Construction (20043453) 736 1 Ave NW New Brighton MN 55112 OTL Installations (20074151) 16170 Hyland Ave S Lakeville MN 55044 Olsen Construction (20093663) 3110 167 Ln NW Andover MN 55304 Osborne Mark Construction (20143166) 2921 Golden Valley Rd Minneapolis MN 55411 PTL Contracting (5294) 2526 N Ferry St Anoka MN 55303 � Pat O'Loughlin Bill Olson Bruce Conway Donald Kiphuth Jim Nash Tom Nutzmann William Artz Melvin Olsen David Kociemba Paul Leyendecker 11.35 Approved By STATE OF MN Same Same Same Same Same Same Same Same Same �pe of License Panelcraft of Minnesota Inc (2179) 3118 Snelling Ave S Minneapolis MN 55406 Patio Enclosures Inc (1676) 2123 Old Hwy 8 New Brighton MN 55112 � Jeff Johnson Joe Yohn Pearson David Masonry & Const Inc (20017448) 11960 London St NE Blaine MN 55449 David Pearson Pennington Construction (20169391) 4347 Central Ave NE Columbia Heights MN 55421-2925 Phil's Exterior Remodeling (20094441) 5325 81 Ave N Brooklyn Park MN 55443 Plumbline Builders Inc (2939) 79AveN Hopkins MN 55343 Premium Roofing (20097688) 6680 Lucia Ln NE Fridley MN 55432 Prestige Companies (20009969) 3838 Edmar Ln NE East Bethel MN 55092 Gary Pennington Phil Jean Roger Sirany Eric Lundeen Loren Larson Progressive Building Systems (20104340) 23120 Garrison Rd Corcoran MN 55340 Cory Christiansen Quarve Contracting (6016) 8427 Center Dr NE Spring Lake Park MN 55432 Patrick Quarve 11.36 Approved By STATE OF N1N Same Same Same Same Same Same Same Same Same Type of License R & M Associates (4391) 3482 Auger Ave White Bear Lake MN 55110 Rainguard Construction (6061) 12008 Pennsylvania Ave N Champlin MN 55316 Ralph's Exteriors (9309) 5048 Washburn N Minneapolis MN 55430 Regal Builders & Remodelers (1168) 1840 English St Maplewood MN 55109 Remodeling Dimensions (20084895) 5812 Excelsior Blvd St Louis Park MN 55416 Renewal By Andersen (20040630) 350 73 Ave N E#8 Fridley MN 55432 Reroof America Corp (20141410) 9508 Lyndale Ave S Bloomington MN 55420 Right Way Roofing Inc (3999) 14050 23 Ave N Plymouth MN 55447 Rite Way Mobile Home Repair (8201) 1175 73 1/2 Ave N E Fridley MN 55432 Roof Design Partners LLC (20004817) 4026 7 St NE Columbia Heights MN 55421 � Ray Palme Steven Duret Ralph Papequash Michael Williams Gary Elken Bruce Kilander John Emrich Scott Voves Dan Ryan Steven Lutz 11.37 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same Same Tvpe of License Seal Guard Systems Inc (20093688) 9199 Central Ave NE Blaine MN 55445 Sela Roofing & Remodeling Inc (1050) 4100 Excelsior Blvd St Louis Park MN 55416 Skyline Design Inc (6431) 7620 Kalk Rd Hamel MN 55340 Standard Water Control 5337 Lakeland Ave N Crystal MN 55429 Stock Roofing Inc (3112) 289 Liberty St NE Fridley MN 55432 Suburban Exteriors (4289) 9701 Penn Ave S STE 107 Bloomington MN 55431 Sussel Corporation (1934) 1852 Como Ave St Paul MN 55108 TJB Homes Inc (1845) 13455 Hwy 65 NE Ham Lake MN 55304 Tabor & Sons Inc 10547 Terrace Rd NE Blaine MN 55434 Tacheny Roofing Inc (20035406) 49 S Owasso Blvd Little Canada MN 55117 � Ken Wolfbauer Paz Sela Ron Splett Mike Hogenson Warren Stock John Entrikin Alf Wiik Rick Budzynski Arnold Tabor Dan Tacheny 11.38 Approved By STATE OF MN Same Same Same Same Same Same Same Same Same Tvpe of License � Approved By Tasks Unlimited Bldg Services (20092527) 2419 Nicollet Ave S Minneapolis MN 55404 Kristian Bolstad Taurus Construction (20037113) 10032 Winnetka Ave N Brooklyn Park MN 55445 Taylor Brock Corporation (20175079) 10602 Xerxes Ave S Bloomington MN 55431 Thurs Construction (9346) 5717 113 Ave N Champlin MN 55316 Timbercraft Enterprises Inc (2624) 215 Old Hwy 8 SW New Brighton MN 55112 Top Gun Roofing (20155030) 5014 Parrish Ave NE Rogers MN 55374 Top Notch Exteriors (20050151) 218 Lyndale Ave Maple Plain MN 55359 Trane Bradley Construction (20150069) 4633 2 1/2 St NE Fridley MN 55421 Trehus Building In (1474) 4937 28 Ave S Minneapolis MN 55417 Trendy Roofing (20027543) 210 Zachary Ln Plymouth MN 55441 Jim Finstrom Marcial Obregon Kevin Thurs Peter Murlowski Bryan Shiltz Stephen Gravelle Bradley Trane David Amundson George Hulinsky 11.39 STATE OF MN Same Same Same Same Same Same Same Same Same Tvpe of License Trico Exteriors (20147770) 7401 Central Ave NE Fridley MN 55432 Twin City Exteriors Co Inc (2535) 9060 Zachary Ln N #108 Maple Grove MN 55369 Twin Lake Construction (20132834) 3071 Colbert Ave NW Buffalo MN 55313 Two Hands LTD (20095303) 4601 Excelsior Blvd St Louis Park MN 55416 United Construction (20160711) 1500 McAndrews Rd W STE 115 Burnsville MN 55337 Up Top Construction (7712) 2737 111 Ave NW Coon Rapids MN 55433 � William Ouellette Steven Paatnode Mike Stewig Panela Lazor Elizabeth Cruz David Archambault Viking Home Improvement Co (4772) 4832 2 1/2 St N E Minneapolis MN 55421 Margaret Merrell Warner Construction (20127220) 577 54 Ave N E Fridley MN 55421 Wiger David J Construction (8392) 901 Rice Creek Ter NE Fridley MN 55432 Wikstrom Construction (9058) 5787 Fairview Ave N Shoreview MN 55126 Robert Warner David Wiger Douglas Wikstrom 11.40 Approved BY STATE OF MN Same Same Same Same Same Same Same Same Same Type of License Wills Greg Exteriors (20037840) 4246 Royce St NE Minneapolis MN 55421 Williams Family Roofing (20160184) 3720 Baisam Ln Plymouth MN 55441 Window Concepts Inc (20163493) 14041 Burnhaven Dr #150 Burnsville MN 55337 Woelfel Building Construction ( 390 Derrynane LeCenter MN 56057 Wolfe Loren Construction Inc (4853) 4110 Valley Industrial Blvd S Shakopee MN 55379 Z Roofing (20040160) 1814 Quarry Rd St Cloud MN 56301 HEATING A-1 Heating & AC Inc 6090 Pagenkopf Rd Maple Plain MN 55359-9495 ARE Plumbing 6139 172 Ln Ramsey MN 55303 Abel/B & C Inc 266 Water St Excelsior MN 55331 Action Heating & Air Cond Inc 529 79 Ave NE Spring Lake Park MN 55432 � Greg Wills Terry Franklin Greg Ramel Dennis Woelfel Vance Wright Ron Zimmerman Gerald Sturm Michael Muske David Ritchie Jay Hovland 11.41 Approved Bv STATE OF MN Same Same Same Same Same RON JULKOWSKI Building Official Same Same Same �pe of License Albers Sheetmetal & Vent Inc 200 W Plato Blvd St Paul MN 55107 American Heating & Air Supply 8347 University Ave NE Spring Lake Park MN 55432-1163 B & D Plumbing & Heating 4091 Maclver Ave St Michael MN 55376 Blaine Heating AC & Elect Inc 13562 Central Ave NE Anoka MN 55304-6920 Boiler Services Inc 7570 Hwy 65 NE Fridley MN 55432 Carbonic Machines Inc 2900 5 Ave S Minneapolis MN 55408-2484 Centraire Heating & AC Co 7402 Washington Ave S Eden Prairie MN 55344 Climatronics HVAC 11833 Douglas Dr N Champlin MN 55316-2424 Comercial Plumbing & Heating 3151 101 Ave NE Blaine MN 55449 Cool Air Mechanical Inc 1441 Rice St St Paul MN 55117-3899 � Halleck Peterson Pasquale Fragale Bruce Daleiden Kenneth Chouinard Gary Emery Steven Kelly Leroy Seurer Chris Wiege Bob Skeie Chuck Worms 11.42 Approvecl �Y RON JULKOWSKI Building Official Same Same Same Same Same Same Same Sam� Sarne Tvpe of License ELK Mechanical HVAC 15940 Radium St NW Ramsey MN 55303 Egan Mechanical Contractors Inc 7100 Medicine Lake Rd Minneapolis MN 55427 Faircon Service 1891 W Co Rd C Roseville MN 55113-1304 Fireside Corner/Allied Fireside 2700 N Fairview Ave Roseville MN 55113 or 225 Co Rd 81 Osseo MN 55369 Flare Heating & Air Inc 9303 Plymouth Ave N #104 Golden Valley MN 55427-3700 Foremost Mechanical Corp 501 W Lawson Ave St Paul MN 55117 G R Mechanical Plbg & Htg inc 12401 Ironwood Cir Ste 500 Rogers MN 55374 General Sheet Metal Corporation 2330 Louisiana Ave N Minneapolis MN 55447 Gilbert Mechanical Contractors Cnc 4451 W 76 St Edina MN 55435 � Bill Kerns • Gerald Egan Steven Holmer Kirk Sorenson Richard Guerre John McQuillan Greg Reinking James McCarthy John Gorman 1 � s�� Aaproved Bv RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same �pe of License Golden Valley Heating & Air 5182 W Broadway Crystal MN 55429-3591 Harris Companies 909 Montreal Cir St Paul MN 55102 Home Energy Center 15200 25 Ave N #128 Plymouth MN 55447 Horwitz Inc 8825 Xylon Ave N Brooklyn Park MN 55445 Kath Heating AC & Electric 3096 Rice St Little Canada MN 55113-5338 Lakeland North Heating & Ac Inc 16041 Kangaroo St NW Anoka MN 55303 M& D Plumbing & Heating Inc 11050 26 St NE Anoka MN 55303 Maple Grove Heating & AC Inc 401 Co Rd 81 Osseo MN 55369-1647 Marlowe's Refrigeration & Heating 6325 Bloomington Ave S Richfield MN 55423-1768 Marsh Heating & Air Cond Inc 6248 Lakeland Ave N Brooklyn Park MN 55428 � S Follese Robert Hosch Tom Meyer Wm McKoskey Larry Adams Jim Nelson Michael Daleiden Steve MacDonald Marlower Koch Kelly Marsh 11.44 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Same Type of License Master Mobile Home Service 1486 Cloud Dr NE Blaine MN 55449 Metropolitan Mech Contrs Inc 7340 Washington Ave S Eden Prairie MN 55344-3582 Minnegasco-See Reliant Energy Mobile Maintenance Inc 505 Fairmont St Fridley MN 55432 Mueller Plumbing & Heating 36605 Lincoln Trl North Branch MN 55056 New Mech Companies Inc 1633 Eustis St St Paul MN 55108 Northland Mechanical Contractors Inc 2900 Nevada Ave N New Hope MN 55427 Northwest Sheetmetal Co of St Paul 110 Sycamore St W St Paul MN 55117-5451 Owens Services Corp 930 E 80 St Bloomington MN 55420-1499 P & D Mechanical 4629 41 Ave N Minneapolis MN 55422 � Barry Fassett Robert Kaczke Stephen Witzal Michael Mueller Larry Jordan Ken Mosloski Rodney Albers John Owens William Daugherty 11.45 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Type of License P& H Services Co inc 1601 67 Ave N Brooklyn Center MN 55430 Pierce Refrigeration 1920 2 Ave S Anoka MN 55303 Practical Systems 14226 Norden Dr NW Rogers MN 55374 Reliant Energy-Minnegasco 700 W Linden Ave Minneapolis MN 55403 River City Sheet Metal 9928 Bluebird St NW Coon Rapids MN 55433 Ron's Mechanical Inc 12010 Old Brick Yard Rd Shakopee MN 55379-2942 Roseville Plbg & Heating Inc 65 Owasso Blvd S St Paul MN 55117-1092 Rouse Mechanical Inc 2916 Nevada Ave N New Hope MN 55427 Royalton Heating & Cooling 4120 85 Ave N Brooklyn Park MN 55443 St Cloud Refrigeration Inc 604 Lincoln Ave NE St Cloud MN 56304 � David Steffens John Becker Scott Sporer David Larson Chris Rapp Ron Coster Greg Deeb Gary Danzeisen Tom Stewart Patrick Welty 11.46 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same ��iiii� Same Type of Li�ense St Marie Sheet Metal 7940 Spring Lake Park Rd Spring Lake Park MN 55432 Sedgwick Heating & Air Cond Co 8910 Wentworth Ave S Minneapolis MN 55420-2853 Sharp Heating & AC Inc 4854 Central Ave NE Minneapolis MN 55421-1950 South Town Refrigeration Inc 5610 W 36 St St Louis Park MN 55416 Spriggs Plbg & Heating Co Inc 124 Eva St St Paul MN 55107 Standard Heating & Air Cond 410 W Lake St Minneapolis MN 55408-2998 Steves Heating & Service 3152 Luan Dr NE Cedar MN 55011 Superior Contractors Inc Type of License Minneapolis MN 55422-1601 Superior Heating & AC & Elect 2132 2 Ave N Anoka MN 55303 Thermex Corporation 3529 Raleigh Ave S St Louis Park MN 55416 � Linda St Marie Thomas Sedgwick Kevin Hanson Michael Thielen Michael Lenahan Dave Melnick Steve Hemmelgarn � Mark Johnson Curtis Brekke 11.47 Approved Bv RON JULKOWSKI Building Official Same Same Same Same Same Same Approved BV Same Same Tvpe of License Vogt Heating & AC 3260 Gorham Ave St Louis Park MN 55426-4189 Ward Heating & AC Inc 2830 235 Ave NW St Francis MN 55070 Yale Incorporated 9649 Girard Ave S Bloomington MN 55431 MOBILE HOME INSTALLERS Fritzke Mobile Home Service 2726 Hwy 25 Watertown MN 55388 Manufactured Housing Systems 8465 Center Dr NE Spring Lake Park MN 55432 Mobile Maintenance Inc 505 Fairmont St NE Fridley MN 55432 Northgate Homes Inc 14490 Northdale Blvd Rogers MN 55374 Ramsey Mobile Home Service Inc 15260 Tonto St NW Ramsey MN 55303 Rite Way Mobile Home Repair Inc 1175 73 1/2 Ave NE Fridley MN 55432 � Don Bell Don Ward John Deblon John Fritzke Ray Dosdall Steve Witzel Greg Haasl Joel Sniderich Dan Ryan 11.48 Approved Bv RON JULKOWSKI Building Official Same Same STATE OF MN Same Same Same Same Same Tvpe of License Semple Building Movers Inc 1045 Jessie St St Paul MN 55101 OIL SERVICES fndependent Distributing PO Box 520 Austin MN 55912 � Terry Semple Randy Leger PLASTERING Peterson Stucco Drywall & Plastering Inc 12351 Cloud Dr Brian Peterson Blaine MN 55449 PLUMBING AAA-Abbott Plumbing & Htg Inc 230 Longfellow St NE Fridley MN 55432 AWD Coolers 2415 Annapolis LN N #130 Plymouth MN 55441 AI's Master Plumbing Inc 900 Red Oak Ln Mound MN 55364 Albers Mechanical Services Inc 200 W Plato Blvd St Paul MN 55107 Alpha Mechanical Inc 15167 Fillmore St NE Ham Lake MN 55304 ARE Plumbing 6139 172 Ln Ramsey MN 55303 Gary Stelton Allen Jones Alfons Foschiaatti John Albers Gary Burkhardt Michael Muske 11.49 Approved Bv STATE OF MN RON JULKOWSKI Building Official RON JULKOWSKI Building Official STATE OF MN Same Same Same Same Same Type of License Area Mechanical inc 19770 Christensen Ave EC-D W St Paul MN 55118 B & D Plumbing & Heating 4091 Maclver Ave St Michael MN 55376 Beaver Plumbing 20425 Jackson St NE Cedar MN 55011 Bobs Circle Plumbing 52 East Rd Circle Pines MN 55014 Bonfe's Plbg & Htg Service Inc 505 Randolph Ave St Paul MN 55102 Bredahl Plumbing Inc 7916 73 Ave N Brooklyn Park MN 55428 Central Sewer & Water 4251 W 125 St Savage MN 55378 Century Plumbing Inc 444 Maple St Mahtomedi MN 55115 Commercial Plbg & Htg Inc 3151 101 Ave NE Blaine MN 55449 Crosstown Plumbing Inc 16530 105 Ave N Maple Grove MN+A1910 55369 � Jill Omodt Bruce Daleiden Bob Paulno Bob Schneider Walter Bonfe Larry Bredahl Dale Haugen Jim Blasena Robert Skeie Alvin Tonn 11.50 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same Sar�e Tvpe of License Culiigan Soft Water Service Co 6030 Culligan Way Minnetonka MN 55345 Delson Plumbing Inc 1308 42 1/2 Ave NE Columbia Heights MN 55421 Den-Mark Plumbing 7801 Georgia Ave N Brooklyn Park MN 55445 Dinius Plumbing Co 7816 Stillwater Blvd Oakdale MN 55128 Egan Mechanical Contractors Inc 7100 Medicine Lake Rd Minneapolis MN 55427 Facilitech 7206 Washington Ave S Eden Prairie MN 55344 Fignar Plumbing Co 2844 Johnson St NE Minneapolis MN 55418 Foremost Mechanical Corp 501 W Lawson Ave St Paul MN 55117 G R Mechanical Inc 12401 Ironwood Cir #500 Rogers MN 55374 Galaxy Mechanical Inc 7317 Lake Dr Lino Lakes MN 55014 � John Packard David Olson Dennis Boeddeker George Dinius Gerald Egan Bruce Kuchinka Bill Fignar John McQuillan Gordon Reinking Skip Zimmerman 11.51 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same Same Tvpe of License Gateway Mechanical Inc 9101 Davenport St NE Blaine MN 55434 Gene's Water & Sewer 3134 California St Minneapolis MN 55314 Gilbert Mechanical Contr Inc 4451 W 76 St Edina MN 55435 Gopher Mechanical Contractors 3025 Randolph St NE Minneapolis MN 55418 Harris Companies 909 Montreal Cir St Paul MN 55102 Hedler S M Plumbing Inc 2519 4 St NE Minneapolis MN 55418 Horwitz Inc 8825 Xylon Ave N Brooklyn Park MN 55445 Hovde Plumbing & Heating Inc 2222 Edgewood Ave S Minneapolis MN 55426 Jerry's Plumbing 13416 Hanson Blvd Andover MN 55304 Johnson R A & Son 25 Crescent St Big Lake MN 55309 � Gene Beijer Craig Petersen John Gorman Leo Watkins Steven Peterson Sylvester Hedler Wm McKoskey Paul Hovde Ted Hurkman Richard Johnson 11.52 Approved BY STATE OF MN Same Same Same Same Same Same Same Same C- - Tvpe of License Kidd Plumbing Inc 1518 89 Ave N Brooklyn Park MN 55444 Klamm Mechanical Contractors Inc 12409 Co Rd #11 Burnsville MN 55337 Kramer Mechanical Inc 5500 Stacy Trl Stacy MN 55079 LBP Mechanical Inc 315 Royalston Ave N Minneapolis MN 55405 Lakeside Plumbing & Heating Inc 12469 Zinran Ave S Savage MN 55378 Lane Randy & Sons Plbg & Htg 1501 W Broadway Minneapolis MN 55411 LeVahn Bros Inc 12700 Bass Lake Rd Maple Grove MN 55369 Lindman Plumbing Co 12000 53 Ave N Plymouth MN 55442 M&DPlbg&Htglnc 11050 26 St NE St Michael MN 55376 McGuire & Sons 605 12 Ave S Hopkins MN 55343 � Dean Neisen Robert Klamm Edward Kramer Doug Hayes Duane Reimer Randy Lane Loren LaVahn Gary Lindman Michael Daleiden Tim McGuire 11.53 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same Same Tvpe of License McQuillan Bros Plbg & Htg Inc 452 Selby Ave St Paul MN 55112 Mr Rooter of Anoka Co 6250 Industry Ave NW #114 Ramsey MN 55303 Metropolitan Mech Contrs Inc 7340 Washington Ave S Eden Prairie MN 55344 Mid City Mechanical Corp 9107 Davenport St NE Blaine MN 55449 Miller R J Plbg & Htg Inc 834 40 Ave NE Minneapolis MN 55421 Minnesota Plbg & Htg Inc 1420 W 3 Ave Shakopee MN 55379 Minnesota Water Treatment 1838 Northdale Blvd Coon Rapids MN 55448 Mueller Plumbing & Heating 36605 Lincoln Trl North Branch MN 55056 Murr Jim Plumbing 925 Southview Blvd S St Paul MN 55075 Nasseff Plumbing & Heating Inc 6712 40 St N Oakdale MN 55128 � Tim McQuillan Mark Boeshans Robert Kaczke James Poser Robert Miller Paul Sullwold Bob Yonke Michael Mueller Jim Murr Mickey Nasseff 11.54 Approved By STATE OF MN �•�Tii% Same Same Same Same Same Same Same Same Tvpe of License New Mech Companies Inc 1633 Eustis St St Paul MN 55108 North Anoka Plumbing Inc 4218 Viking Bivd NW Anoka MN 55303 Northland Mechanical Contractors Inc 2900 Nevada Ave N New Hope MN 55427 Northridge Plumbing Co 6960 Madison Ave W #10 Golden Valley MN 55427 Nowthen Plumbing 22311 Norris Lake Rd NW Anoka MN 55303 Olson Larry Plumbing 3232 Warner Ln Mound MN 55364 Overacker Terry Plumbing 6527 Central Ave NE Fridley MN 55432 P& D Mechanical Contracting Co 4629 41 Ave N Minneapolis MN 55422 P& H Services Co Inc 1601 67 Ave N Brooklyn Center MN 55430 Piperight Plumbing 4029 Penrod Ln NE St Anthony MN 55421 � Jerry Poser Bill Jansen Ken Mosloski Darwin Baack Jeff Boettcher Larry Olson Terry Overacker William Daugherty David Steffen� Gene Tomas 11.55 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same Same Type of License Roseville Plbg & Htg Co 65 S Owasso Blvd St Paul MN 55117 Roys Plumbing 17420 Iguana St NW Ramsey MN 55303 Sorensen Dale Company 9201 E Bloomington Freeway STE I Bloomington MN 55420 Southtown Plumbing Inc 6636 Penn Ave S Richfield MN 55423 Sowada & Barna Plumbing 27061 Potomac St Stacy MN 55079 Spriggs Plumbing & Heating 124 Eva St St Paul MN 55107 State Mechanical Inc 5050 W 220 St Farmington MN 55024 Steinkraus Plbg Inc 1800 Lake Lucy Rd Excelsior MN 55331 Stepaniak Construction Co 2839 196 Ave NE East Bethel MN 55011 Surma Frank Plumbing Co 1136 Rockstone Ln New Brighton MN 55112 � Greg Deeb Elroy Haselius Dale Sorensen LaVern Veit John Sowada Michael Lenahan Marv Heintz Merle Steinkraus Jerry Stepaniak Frank Surma 11.56 Approved Bv STA°TE OF MN Sarne Same Sam� Same Same Same Same Same Sam� f,. Type of License Thompson Plumbing Corp 15001 Minnetonka Industrial Rd Minnetonka MN 55345 Tim's Quality Plumbing Inc PO Box 292 Osseo MN 55369 Tschida Bros Plumbing 1036 Front Ave St Paul MN 55103 United Water & Sewer Co 11666 Wayzata Blvd Minnetonka MN 55305 Valley Plumbing Co Inc 860 Quaker Ave Jordan MN 55352 Voson Plumbing Inc 1515A 5 St S Hopkins MN 55343 Walsh Plumbing Inc 9711 6 St NE Blaine MN 55434 Widmer Inc PO Box 219 St Bonifacius MN 55375 SWIMMING POOL-PUBLIC Bally Total Fitness 7755 Center Ave Huntington Beach CA 92647 Black Forest Condominium 1601 N Innsbruck Dr NE Fridley MN 55432 � Ken Gause Tim Lindholm LeRoy Tschida James Spetz Daniel Morris Don Voss Chuck Walsh Paul Widmer 7200 University Ave 1601 N Innsbruck Dr 11.57 Approved By STATE OF MN Same Same Same Same Same Same Same Type of License � Approvec! �V Edric Associates C/O VIP Properties 11300 Minnetonka Mills Rd Minnetonka MN 55305 Hughes Properties 4410 Douglas Ave S Golden Valley MN 55416 Harold D Morrow 314 Hwy 35 N River Falls WI 54022 Independent School District #14 6000 W Moore Lk Dr NE Fridley MN 55432 Innsbruck North Townhouse Assn 5506 Meister Rd NE Fridley MN 55432 Kelly Fridley Ventures 2600 N Louise Ave Sioux Falls SD 57107 Kesri Jain 478 N Hazel St #101 St Paul MN 55119 Maurice Filister 5750 East River Rd NE Fridley MN 5432 Northwest Athletic Club 5525 Cedar Lake Rd St Louis Park Mn 55416 KCS Property Mgmt Inc 8100 12 Ave S #200 Bloomington MN 55425 1200 72 Avenue NE 6670-90 Lucia Lane NE 5430 7 Street N E 6100 W Moore Lk Dr NE 5506 Meister Rd NE 5201 Central Ave NE 1090 52 Ave NE 5750 East River Rd NE 1200 E Moore Lk Dr 6540 East River Rd 11.58 Type of License � Approved Bv University Ave Associates 111 83 Avenue NE Fridley MN 55432 River Pointe LTD Partnership 7855 East River Rd NE Fridley MN 55432 KES Management 2421 W 42 St Minneapolis MN 55410 ROOFING AWR Inc 3023 Snelling Ave S Minneapolis MN 55406 Berwald Roofing Co Inc 2440 N Charles St N St Paul MN 55109 Grussing Roofing Inc (9212) 4305 Shady Oak Rd Hopkins MN 55343 Home Owners Imp Co 9767 Brighton Ln Eden Prairie MN 55347 Kuehn Roof Systems Inc 14815 Aberdeen St NE Ham Lake MN 55304 111 83 Ave NE 7855 East River Rd NE 5460 7 St N E George Heriot Eugene Berwald Don Grussing Robert White Tom Kuehn RON JULKOWSKI Building Official Same Same Same Same Local Roofing Co Inc 2645 Harlem St Gene Hanson Same Eau Claire WI 54701 11.59 Tvpe of License McPhillips Bros Roofing Co 2590 Centennial Dr St Paul MN 55109 Rosenquist Construction 2526 24 Ave S Minneapolis MN 55406 Taylor D C Co PO 97 Cedar Rapids IA 52406 SIGN ERECTOR Advanced Awning Design 1600 29 St Cloquet MN 55720 Arrow Sign & Awning Co Inc 13735 Aberdeen St NE Ham Lake MN 55304 Jones Sign Company 711 Hinkle Dr Green Bay WI 54303 Lawrence Sign 945 Pierce Butler Rte St Paul MN 55104 Nordquist Sign Co Inc 312 W Lake St Minneapolis MN 55408 Sign Language 6237 University Ave NE Fridley MN 55432 SignArt Co Inc 2170 Dodd Rd Mendota Heights MN 55120 � John McPhillips Dennis Rosenquist William Taylor Chris Milosevich Kenneth Stewart John Mortensen Geoff Michael Dave Bailey Jim Golden Kevin Snyder 11.60 A�proved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Same Tvpe of License Suburban Lighting inc 6077 Lake Elmo Ave N Stillwater MN 55082 Topline Advertising Inc 11775 Justen Cir STE A Osseo MN 55369 Twin Cities Sign Images 17201 113 Ave W Osseo MN 55369 Universal Signs Inc 1033 Thomas Ave St Paul MN 55104 TRAILER Onan Corporation 1400 73 Ave NE Fridley MN 55432 Park Construction 7900 Beech St NE Fridley MN 55432 WRECKING Bolander Carl & Sons Co 251 Starkey St St Paul MN 55107 Rybak Excavating & Contracting 3134 California St NE Minneapolis MN 55418 Veit & Company Inc 14000 Veit PI Rogers MN 55374 � Duane Downey Steve Barcel Mark Rakhe Rick Palmateer 1400 73 Ave NE 7900 Beech St N E Dominique Najjar Dave Rybak Ron Rachel 11.61 Auproved Bv Same Same Same Same RON JULKOWSKI Building Official Same Same � ` ClIY OF FRIDLEY Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 ESTIMATES MAY 10, 1999 Services Rendered as City Prosecuting Attorney for the Month of February, 1999 ............................................ $ 16,559.00 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of April, 1999 .............................................................. $ 5,000.00 MEMORANDUM PLANNING DIVISION DATE: May 6, 1999 TO: William W. Bums, City Manager �!' � FROM: Barbara Day, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planning Assistant SUBJECT: Holiday Special Use Permit - 5695 Hackmann Ave. Introduction Dave Hoeschen, Holiday Companies, has requested consideration of a special use permit to allow a motor vehicle fueling station and car wash: Elements of Request . Holiday is requesting a special use permit to allow the redevelopment of an existing motor fuel site. Zoning on the site is C-2, General Business. The motor fueling operation and the car wash are distinct uses requiring a special use permit. Staff reviewed the elements of this proposal and the Code requirements and recommended approval, with stipulations, to the Planning Commission on March 3, 1999. The Planning Commission recommended denial of the request. Based on the elements of that discussion, Holiday asked for additional time to address the concems about traffic generation, and land values. Attached you'll find a traffic analysis prepared by Howard Preston and Craig Rasmussen of BRW. The study concludes with the following 3 points: 1. The development of the Holiday Station Store is expected to add a net total of approximately 84 vehicle trips to the area road system during the aftemoon peak hour, of which the majority (91 %) are expected to be oriented to TH 65. 2. The store will result in only a minor impact on traffic operations at the intersection of TH65 and CSAH 35. On every approach for each movement the level of service stayed the same as the existing conditions. 13.01 3. The increase in traffic through the intersection associated with the store should not result in serious traffic congestion. Staff had the results of the BRW study reviewed by Benshoof and Associates, who completed the City's traffic analysis in 1996 on the TH65 intersection. The trip generation numbers and impacts on the intersection at Highway 65 are correct. Our consultant has asked that BRW address the queing and peak hour conditions at Hackmann and Central Avenue. Both BRW representatives and our traffic consultant will be available for discussion on Monday evening. As for property values, Scott J. Ruppert, Ruppert and Associates has prepared an analysis. His analysis states, `The proposed Holiday Stationstore is merely a redevelopment and continuation of an existing service station use. Any negative impact that this use may have had on the relatively few homes in the area has already occurred. Construcfion of the proposed Holiday Stationstore will � negatively impact the market value of residential properties in the area." Recommendation Staff recommends approval of special use permit SP #99-01, to allow continuation of a motor vehicle fuet operation and car wash, with 20 stipulations. 1. The soils on the prope�ty will be tested (weather permitting) by May 1, to make a final determination on the presence or absence of non-exempt wetlands. Testing will be completed by the City's environmental consultant at the petitioners expense. If it is determined that non-exempt wettands exist on the property, this special use permit shall become null and void. No site alterations shall occur until a final determination on wetland status. 2. The petitioner shall be responsible for litter control on the premises, and litter control is to occur on a daily basis. Trash receptacles must be provided on site at convenient locations to facilitate litter control. 3. Parking lot must be lined with a concrete curb. 4. Adequate parking to meet code requirements, including one handicap space, 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, downcast lighting so as to be less intrusive on neighboring properties and canopy faces shall not be internally lit. 9. Car wash hours of operation shall be limited to 6A.M. - 11 P.M.. 10.Tanks and ventilation shall be located so as to limit gasoline fumes off premises. Tank and vent location to be approved by staff prior to issuance of a building p��a$. 13.02 11. Petitioner shali instail adequate informational signage on-site to assure proper flow of traffic around the building and to assure that cars waiting to be washed do not block access from roadways. 12. Intercom volume shall be set so intercom messages do not carry beyond stationstore prope�ty. 13. Informational signage shall be placed on-site reminding Holiday customers that tt3e� are in a residential area and requesting they keep radios turned down so impact does not carry onto neighboring prope�ties. 14. Petitioner shall install all waste trap and filtration devices as required by the Building Code for car wash facilities. 15. The petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code. 16. The petitioner shall comply with all outdoor storage requirements. 17. The petitioner shall 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.A11 building elevations shall be reviewed by staff to ensure the design and materials 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 building permit. 13.03 ATTACHMENT Code Section 205.14.01.C.(5), states that automobile service stations and motor vehicle fuel and oil dispensing services are a permitted use provided they meet the minimum conditions to protect the health, safety, and general welfare. Because of traffic hazards, noise, light glare at night, outdoor storage of inerchandise, indiscriminate advertising and other characteristics of this type of business which are potentially detrimental to the community, these standards must be considered, along with any other recommendations the City may determine necessary to eliminate the particular problems in achieving compatibility with abutting and adjacent land uses. (a) The special use permit for an automobile service station is only for uses noted in the definition. (b) The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of merchandise. The display of petroleum products between pumps; or the temporary display of inerchandise within four (4) feet of the station or building is permitted. (c) The property shall not be used as a place of storage or depository of wrecked, abandoned, or junked motor vehicles or the sale or display of used motor vehicles. (d) Any required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles on the station property from beaming into adjacent residential property. (e) Activities prohibited: ((1)) Heavy Duty Repair Garages ((2)) Vehicular parking except for the owners and employees automobiles and a maximum of 3 service vehicles. Automobiles being serviced may be parked for a maximum period of 48 hours at any one (1) time. Code Section 205.14.01.C.(6), states, Motor vehicle wash establishments are permitted with a special use permit. 13.04 H011day Companies � �'FR( F 1>n.- bVFS �ith �fRLFr b1:11i_ AI)DRE)5� VU. R( \__� �II,<.�E:iFI�LIS. �Ni� T :U : i'H. h 3 0-y,-p ).' F4.r nl' diU 8db4 :-SfL I P=1(�i , �I L1,'.l�l ) �H.-Ah(iVFC HIJ �t111 �ALCHFS� } (��. ��l)Y I.� �,I��„�F\V�JUti. �IA ]i11U.� PH_ n '-�')'I.�'r:q � F-AX bl'-!�1 �'�a5 Direct Dial: 612/830-8005 Fax: 612/830-1681 E-mail: crothste@holidayco.corn May 6, 1999 Fridley City Council Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 Re: Holiday Stationstores, Inc.'s Request for Special Use Permit Fridley, MN/Central and Hackmann Dear City Council: The purpose of this letter is to help the City Council in its deliberation of Holiday Stationstores, Inc.'s pending request for a special use permit. Holiday proposes to raze and rebuild the existing Citgo station at the southeast corner of Centrai and Hackmann Avenues in the City of Fridley. The development would involve construction of a new state- of-the-art convenience store with retail petroleum sales and an automatic car wash. The development would be a significant upgrade to existing conditions and the surrounding land uses, would be an enhancementto needed services in the area, and would contribute to the improvement of the City's commercial tax base. Holiday has been, and continues to be, a good corporate citizen of the City of Fridley. Its affiliated company, Gander Mountain, L. L.C., owns and operates a Gander Mountain store in the City. Holiday's commitment to the City of Fridley has provided the City's citizens with important services and been a major contributor to the City's commercial tax base for many years. Holiday has enjoyed generally friendly relations with the City of Fridley and its staff. In accordance with City procedures, Holiday submitted an application for a special use permit to the City for its proposed new development. The application was reviewed by city staff. City staff recommended approval of the special use permit, subject to certain stipulations. Although Holiday does not believe it would be legally obligated to accept all of the stipulations, as a good corporate citizen it agreed, and continues to agree, to abide by all of the stipulations recommended by city staff. After the staff review, the matter was submitted to the City Planning Commission on March 3, 1999. The City Planning Commission made an unfavorable recommendation. The Planning Commission based its recommendation on the belief that the proposed development would cause traffic congestion and would depreciate neighboring property values. The Planning Commission offered no facts or expert opinions at all to support these conclusions. � y%�� ;'� .. • ✓ �f iYoi/ofW`ode 11IlWJl/7Wll�(� a � —'� � s � / // s s O Fridley City Council May 6, 1999 Page 2 Currently, the City Council will take up the matter on May 10, 1999. Holiday believes it has submitted all information asked of it; is unawa � e°nents and equ � ments�forpssuance development does not conform to all zoning requ of a special use permit; and knows of no reason for possible rejection of its special use permit. If there are aspects of the development about which the City Council is concerned, Holiday stands ready to discuss them andonable cit pconcernst f any are broughtto adjustments m its plans to accommodate reas Y Holiday's attention. At the same time, Holiday wants the City Couecil �� t request'whiclh is n t basedlon the and will contest, any rejection of its special us p zoning ordinance and reason. Holiday has been advised t That fact should n t influence neighborhood an d person a l l y o p p o s e s t h e d e v e l o p m e n t. proper action and response to the application. Holiday requests that the City Council fairly consider Holiday's application, and base its discussion on stated standards and reason. Ho�� nd the Ci � and it acitizens w II be we I does so, Holiday's application will be approved, a tY served as a result. CJR/dep.2 Very truly yours, 13.06 D M � . � c�our . ..• .. •.. .�`�' �. � `� .. .}.�� :�p � • .��R•,�� )� MEMORANDUM BRW Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612)370-1378 To: From: Date: Subject: Mr. Mazk Nelson Holiday Companies Howard Preston, PE Craig Rasmussen April 29, 1999 Holiday Station Store (Fridley) Traffic Study File: 42941-001-0101 BRW, Inc. conducted a traffic impact study of the proposed Holiday Station Store in Fridley, Minnesota, neaz the intersection of Trunk Highway 65 and CSA�� 35. The purpose of this study was to estimate the expected tra�c generation and to deternune if the proposed development would cause serious traffic congestion at this intersection. The analytical process determined that the Holiday Station Store would likely increase tr�c volumes through the TH 65 intersection by less than 2% and that increase should not result in serious congestion. The pazagraphs that follow describe the process in detail and document the key results and conclusions of the analysis. The Holiday Station Store traffic impact study included the following elements: • Existing Conditions — Overview of the existing conditions in the vicinity of the site and the characteristics of the proposed development • Trip Generation Analysis — Analysis of the estimated vehicle trip generation for the site after the removal of the existing Citgo station. � Directional Distribution — Estimation of the anticipated directional distribution for trips to and from the proposed development. EXISTING CONDITIONS The proposed Holiday Station Store is located in the southeast quadrant of the intersection of 13.07 Mr. Mazk Nelson Apri129, 1999 Page 2 TH 65 and CSAH 35. The intersection is currently under construction to improve the geometrics and signal system. On the proposed site, a Citgo station will be removed to allow for the installation of the Holiday Station Store with 8 fueling positions. Cunent access to the Citgo station is via Hackmann Avenue and the East Frontage Road of TH 65. Both site driveways have full access to the respective roadways. Trunk Highway 65 is a four-lane divided roadway with a posted speed limit of 50 miles-per-hour. Traffic volume information provided by MnDOT indicates that the Average Daily Trafiic (ADT) south of the studied intersection is approximately 44,000 vehicles per day, and 36,000 vehicles per day north of the intersection. After the intersection construction is completed at CSAH 35, there will be S lanes of approach on the south leg (21eft turn, 2 through, and 1 right turn), and S lanes of approach on the north leg (1 left turn, 3 through, and 1 right turn). Table l, located at th� end of this memorandum summarizes the post-construction geometrics. CSAH 35 will be constructed as a four-lane roadway immediately east and west of the intersection with TH 65. Current ADT in this area is 8,300 vehicles per day east of TH 65 and 2,800 vehicles per day west of TH 65. East of the intersection, CSAH 35 is signed under "Central Avenue" and will have three lanes of approach to the intersection with TH 65 (21eft turn, 1 combined through/right). V�est of the intersection, the road is called "Lake Pointe Drive" or "West Moore Lake Drive" and will have three lanes of approach to TH 65 (1 left turn, 1 through, and 1 right turn). TRIP GENERATION ANALYSIS Trip generation estimates were developed for the development of the Holiday Station Store on the site. The purpose of this analysis was to determine how much additional traffic would be added to the intersection of CSAH 35 and TH 65. The trip generation analysis used the ITE Trip Generation Manual, 6`� Edition, for a gasoline/service station with a convenience mazket and caz wash. The summary of this analysis is summarized below and in Table 2: During the PM peak hour, the average rate for such a service center would be 13.77 veh'icles per fueling position, or 110 vehicles per hour. Empirical data suggested that for stations with 8 fueling positions, higher numbers of vehicles were observed. Data points were averaged from four studies in the TTE Trip Generation Manual to obtain 144 vehicles per hour (50% entering, 50 % exiting). • Since the existing Citgo station will be removed, the trips that are generated by that station were subtracted. A count conducted by BRW, Inc. on April 15, 1999 indicated that 30 vehicles were exiting and 30 vehicles were entering during the PM peak hour (4:45 p.me to 5:45 p.m.). . 1 � �� Mr. Mark Nelson Apri129, 1999 Page 3 For evaluation of the intersection of TH 65 and CSAH 35, it was assumed that all Holiday Station Store trips were "new" trips (i.e. vehicles that were not already on the roadway). This assumption is conservative, since many trips would likely involve vehicles that aze already on TH 65 that are passing the site. After the Citgo station is removed, 30 inbound and outbound trips will be lost. Subtracting these trips from the Holiday Station Store trips results in a net addition of 42 inbound and outbound trips to the site during the PM peak hour. DIRECTIONAL DISTRIBUTION The directional distribution of travel to and from the proposed Holiday Station Store was estimated using existing average daily traffic (ADT) data provided by Mn/DOT. The relative magnitude of the ADT on TH 65 north and south of the site and on CSAH 35 east and�west of the site was used to approximate the traffic distribution. The assumed directional distribution for Holiday Station Store traffic was 39 percent to/from the north, 48 percent to/from the south on TH 65. Some amount of traffic was assumed to be on CSAH 35, with 9 percent to/from the east and 3 percent to/from the west. The assumed directional distribution was applied to the estimated trip generation for the Holiday Station Store to determine estimated peak hour turning movements at the intersection of TH 65 and CSAH 35. These values are located in Table 3. POST-DEVELOPMENT TRAFFIC EVALUATION With the improvements to the intersection that are already under construction, the direct access for the proposed Holiday Station Store is to Hackmann Avenue and the East Frontage Road to TH 65. Tr�c that is going to TH 65 or west to Lake Point Drive (West Moore Lake Drive) will approach the intersection of TH 65 and CSAH 35 on the east leg (with the reverse for inbound vehicles). Those 9% of trips estimated to travel east from the site will not effect the operation of the studied intersection. Table 4 contains a summary of the Level of Service (LOS) at the intersection of TH 65 and CSAH 35. The results of the traffic operations analysis (conducted using the guidelines in the Highway Capacity Manual) indicate that with the addition of the new trips associated with the Holiday Station Store, the average delay per vehicle at the intersection will increase slightly but that the overall quality of flow is not expected to change. 13.09 Mr. Mark Nelson Apri129, 1999 Page 4 It should be noted that the relative proportion of trips added due to the Holiday Station Store to the existing traffic levels at the intersection is small (less than 2%). Thus, the overall impact of the added trips does not have a signiiicant impact on the operation of the intersection and should not cause serious traffic congestion. It should also be noted that the proposed site for the Medtronic Campus would be accessed on the west leg of this intersection. A higher volume of traffic due to that development could possibly impact the operation of this intersection but would be unlikely to change the conclusion that Holiday traffic does not cause serious congestion at the intersection. Therefore, forecasts of Medtronic volumes were not considered by BRW, Inc. in these analyses. CONCLUSIONS • The development of a Holiday Station Store is expected to add a net total of approximately 84 vehicle trips to the area road system during the afternoon peak hour, of which the majority (91 %) are expected to be oriented to TH 65. • From a trafiic engineering perspective, the proposed Holiday Station Store would result in only a minor impact on traffic operations at the intersection of TH 65 and CSAH 35. On every approach for each movement the LOS remained the same as the existing conditions, with the overall intersection LOS remaining at LOS D. The increase in traffic through the TH 65 intersection associated with the Holiday Station Store should not result in serious traffic congestion. 13.10 �I LL W `' J r � � Q � _ � � w z a J LL O ¢ w m � � z �-- _/� V T Q J a � � 0 _ :.i Q N m � � J F- � � � _ � E 0 V v Q M � M N s T � T r r M C �6 a _ 0 � U m h i m w C �. �'-� 0 � �i � _ � M � a = N `O a � = v� a �ao v�ioo �"~ �"� � o �ao Nm � Z v W � (� ? � v i� 13.11 ' ,. � i I � � U W� � �; O 0 O W �' � � � O� - F- v W � � W H Z � � � � m� � 13.12 �y�� � � � F'�,� sZ�� ''W�� � ��� W N C'7 r�^ M r� � O O r� O O� m � � � `� � W o � � � � � �y �, � � � Z � � � � � � O � O O � N N r N � O O pNj � N r � � � � T T T r Z � Z Q � F- H = o (,�j � O O � T M T M � M.- � et � � � Q U C U Z Z Z Z � O � O � O '� O � � lu'1. ~ v V 1= v V ~ v U ��' C� m Q Z F- � LL Z I-a- ��=- Z F�a- C'3 LL Z I-a- ��= c � �v��a��n�a�,v,�a�cn�a �° LL fn �- V � (n } V � (n } V F�,. (A } V � � o xa�WXa�.;WXa,.�WXa�W � w w o cn w o�n w o cn w o cn a � = W Z = W Z = W Z = W Z c� c � 0 U U � � �f- ci —� � � o a M �, o � � a � a � �� a �� � �� � � m op� F- � � m cn °o � oo W am � z� w� u�i? 3� cpi 13.13 .�,W�� � � > ,LL w w w o ��s,; �� w '' � � � W x� � o � y o J � W= m 0 W W o O v`� J �.. � �. J � ; M W � W 0 / �� W o � z z z z � a w � () u' W W W � j J � Q � ca W � � � N � � � -� w Q �= m � W W U p� W ~ t�i� •y � � 00 c c N _ Z � � p � j F- v�i c X� Z Z Z Z v c�a W N � � �E m �- � o C7 > > > > °w � o .. cc J Q J J J J� Z � �� U � a w w w w a ��� c� � � � T � C � O � /\ `., N (/� . /\ � � � � � � o a c � � � a � Y V � '� � = t Q U �.1 C � � _ � U m o F- � � � � � o O � � � t .:. � � Q �i o= a �i o� m Z c � � � � = Q � � � � N �� s~ a U t~ a 3 m cmi 'vi m� � m a m � m m m w � � Z� W� ff� ? �� W ((� Z 13.14 R.J. RUPPERT, CCRA, SRA SCOTT J. RUPPERT, MAI, JD April 14, 1999 RUPPERT �e RUPPERT ASSOCIATES, INC. REAL ESTATE APPRAISERS, BROKERS 3 CONSUITANTS SUITE 333 4930 WEST 77TH STREET MINNEAPOLIS, MINNESOTA 55435 City of Fridley 6431 University Avenue Fridley, MN 55432 RE: Proposed Holiday Stationstore 5695 Hackmann Avenue Dear Mayor Jorgenson and members of the City Council: TELEPHONE 612/835-5137 FACStMILE 612/835-5061 E-MAI L: ruppertgpp�aol.com The purpose of this letter is to address any potential neighborhood concerns regarding the impact of the proposed Holiday stationstore on the surrounding residential property values. I am a licensed real estate appraiser in the state of Minnesota and hold the MAI appraisal designation through The Appraisal Institute. I have appraised all types of properties throughout the twin cities metropolitan area including single family homes in the city of Fridley. Attached, please find a copy of my appraisal qualifications for your review. The issue that was raised at the planning commission meeting on March 3rd is whether the construction of the proposed Holiday stationstore and car wash will negatively impact the market value of homes in the area. In my opinion, the construction of the proposed Holiday stationstore and car wash will not negatively impact the market value of existing single family homes in the area. I inspected the proposed Holiday stationstore site and surrounding neighborhood on April 14. Panoramic photographs are attached. The subject site is within the C-2, General Business District. T'he subject site contains 60,220 square feet or 1.38 acres of land area. The General Business zoning district allows automobile service stations and car wash facilities with a special use permit. The subject site is currently improved with a Citgo gas station. The property has been used as a service station since the 1950's. The Citgo gas station is a self-serve fueling station with four gasoline pumps and a small drive-up booth for the cashier. The existing facility has been rather poorly maintained. Holiday is requesting a special use permit to allow the construction of a stationstore and attached automatic car wash. The existing Citgo station would be razed. The new stationstore and car wash would contain approximately 4,466 square feet of building area. T'he building would be a Class A building with an earth-tone face brick and split-faced block accents. Four gasoline pumps and a canopy are also proposed. 13.15 City of Fridley Apri114,1999 Page 2 of 2 Land use in the immediate vicinity includes State Highway 65 to the west and Moore Lake Apartments to the south. To the northeast (across Hackmann Avenue) are existing single family homes. There are also existing single family homes directly east. There are very few single-family homes in the immediate vicinity which are even potentially impacted by the proposed Holiday stationstore. Moore Lake Apartment complex to the south consists of high rise apartment buildings which would clearly not be impacted by the proposed Holiday development. The only single family homes in the immediate vicinity are located to the northeast and directly east of the subject property. However, there aze only six existing single family homes within 300 feet of the subject site and none of these homes face the subject property. Three of these homes front on Hackmann Avenue, two front on Central Avenue and one fronts on Polk Street. There are only a few homes located in close proximity to the subject property. A prudent and knowledgeable buyer of any of these homes would realize that the proposed Holiday stationstore site is zoned General Business and currently improved with an older Citgo service station. Note — the definition of market value assumes prudent and knowledgeable parties to the transaction. Any impact on the market value of the homes in the area has already occurred due to the existing zoning and Citgo service station use. The proposed Holiday stationstore will not further impact these properties. The proposed construction would merely replace an old service station with a new state-of-the- art convenience store. The proposed Holiday stationstore is designed to integrate with the neighborhood to the extent possible. Additionally, there will be many upgrades from the existing condition such as a new fence along the east property line, enclosed trash dumpsters and an underground sprinkler system. In summary, the proposed Holiday stationstore is merely a redevelopment and continuation of the existing service station use. Any negative impact that this use may have had on the relatively few homes in the area has already occurred. Construction of the proposed Holiday stationstore will not negatively impact the market value of residential properties in the area. RUPPERT & RUPPERT ASSOCIATES, INC. By: Scott J. uppert, ce President SJR/jah Ltr4347 13.16 ATTACHMENTS 13.17 s�, UALIFICATIONS OFI SCOTT J. RUPPERT, APPRAI Q �IAI, JD PROFESSIONAL MEMBERSHIPS & LICENSES A Certified Genenl Real Property Appniser. Lianse #4000851 . g MAI Member - Appraisat Institute C Attorney at I.aw, License #0225769 D Real Estate Broker, Liccnse tl0090909 E Member Mionewta State Bar Auaiation F Member Hennepin Counry Bar Aswciation GENERAL EDUCATION G Member HCBA Eminent Domain Committee H Member Ioternationai RiBht otWay Associarion I Member Nadonsl Association of Reaitors J Miscellaneous Memberships: -Muldple Listing Service (Company) .Appraisal Data Network, inc. (Company) -Urban Land Ictsticuce (Company) -Minneapolis Arca Assceiation of Resltors (Company) -Marshali Valuation Servia (Company) -Employee Relocation Council (Company) J.D. (Juris Doctor) Law Degrce, William Mitchell College of Law. g,$,g, (Bache(or of Science in Business) DeBree �"�th en Aw°undng Major, University of Minnesota III SPECiALIZED EDUCATION Continuing Education/Attendance at sert►inars in real estau, sponsored by the Appraisal Instituu; Minnesota Institute of Legal Education; Hennepin County gar Association; Inumational Right of Way Association and othecs. APPRALSAL II�iSTiTUTE Demonstracion Appraisal Report Workshop Standards of Professional Practice (Fert A& B) Real Estaee Appraisal Pci�ciples Basic Valuation Proadures Residential Valuation Capitelizadon Theory and Techniques, (Pazt A& B) Case SWdies in Real Estate Valuation Report writing and valuation anelysis r(arrative Report Writing Seminar Business Valuation (Part 1 dc 2) B MIIYNESOTA SCHOOL OF REAL ESTATE Course I, II and III Residentia( Appraisal Workshop income Properly A►PPrais�°8 Numerous Othar Courses C M�►RSHALL AND SWIFT, INC. Building Cost Seminar D ARGUS AND PRO-JECT COMPUTER/SUFI1'NARE Discounud cash flow analysis IV DISTRICI' COURT COMMISSIONER AND EXPERT WITNESS pppointed by Hennepin County District CouR Judges as Commissioner in eminent domain acdons. Qualified and testified as ae expert witness in Hennepin 8c RamseY Counties in litigation actions. REAL ESTATE APPR�►ISAL AND MANAGEMENT EXPERIEIVCE Enured real estate field in 1983. Independent fee appraiser since 1984. Currendy, Vice President of Ruppert & RuPPert �001�� �c. �� �0 pppraisers, Brokecs dc Consulcants. p pppgpIgpL EXPERIENCE & SERVICES Market value appraisais foe 1) Land (nsidential, commercial, industrial and development); 2) Commercial properties (restaurants, convenience food sWres, service stations, offia buildings, retail ouUets, shopping anters and auwmobile dealerships); 3) Industriai proPerb�s (office/wacehouse; mini- werehouse; manufacturing and distribution cenurs); 4) Speciai Purpose propeRies (schools, churches and ath(etic clubs); 5) Outdoo� �► �� f g suuctures, locations, plants and offices; 6) Residential propeRies (smgle family W multiple dweilings): � QualitY controUreview apP mortgage campanies; 8) Soils contsminacion analysis; 9) Zoning and Highest and Best Use Analysis;l0) Impact Damege Maiysis. g pppgpISALS FOR MorcgaBa Financing partr►ership Dissolution Employa Relocation Eminent Domain/Condemnacioe Expert Testimony Financial Statement Marriage Dissolution Acquisidon and Development Easements: Ponding, Draina8e, Utility, Roadway, etc. Litigation 13.18 Page 1 of 2 Cii VII SCOTT J RUPPERT. MAI - JD• continued REAL ESTATE APPRAISAL AND MANAGEMENT EXPERIENCE (CONTINUEDI REAL ESTATE MANAGEMENT Manager of rentai properties including apartrnents and retail strip anters. Typical management dudes including (a) rcnt evaluation; (b) leasing; (c) budgeting revenues and expenses; (d) collecGons; (e) conaacdng for, and supervision of maintenance and repair. D LECTURE AND SEMIIVAR PRESENTATION Seminar presentation (topic: Land Development Cost Approach W Value) at the Hennepin Counry Bar Association Eminent Domain Committee. T'YPICAL CLIENTELE Ameri-Bank (Mortgage) Archer, Danieis, Midland (Relocation) Bannigan dc Kelly, P.A. (Eminent Domain) Best & Flanagan (Eminrnt Dotnain) Better Homes and Gardens Inc. (Relocation) Chem Exec Relocation Services (Relocation) Ciry of Golden Valley (Eminent Domain) City of St Louis Park (Property Valuation) City of St Paul (Eminent Domain) City ofYctoria (Eminent Domain) Corporate Transfer Service, Inc. (Relocation) Diamond , Liszt dt Brady, Attomeys (Eminent Domain) Employee Relocadon Servias (Relocation) Fsegre dt Benson (Eminent Domain) Federal National Mortgage Association(Mortgege) Feidmana Entecprises (Eminent Domain) First Bank Systems, FBS (Mortgage) Fredrikson dc Byron, PA. (Eminent Domain) Gopher Resource Cocp. (Asset Valuation/Eminent Domain) GSF Moctgage Coryoration (Mortgage) Intemal Revenue Servia (Asset Valuation) John Dar Inc. (Relocation) Krass, Mot�roe, Mo�mess dt Gibson, Attomeys (Eminent Domain) Key Mortgage Corporetion (Mortgage) Larkin-Hoffman, Attomeys (Eminent Domain and Partners Dissolution) Leonard, Street & Deinard, Attomeys (Asset Valuation and Eminent Domain) Mackell, Crounse & Moore (I.essehoid Valuation) TYPICAL PROPERTIES APPRAISED Al Bake�s Rtstaurant (EBB�) Ailstau U-Lok Storage Buildings (Bumcv�«�) Am000 Oil Starion (Bloomington) Bodine's Offia/Warehouse Facility (St Louis Park) BrambiUa Retail Propercies (Shakopa) Brock Ia Arena (Golden Valiey) Commercial Parking Lots (rdetro Area) Cottage Grove Shopping Plaza (Cottage Grove) Decathloa Athledc Club (Bloomington) Decorative SWne Manufaduring Bldg. (Fridley) Despaich, Ina Manufaauring (Lakeville) Domino's Pizza Retail Building (Shakopee) Dover Warehouse/Distribution Cenur (Eagan) Eden Prairie Cemetery (Eden Prairie) Feldmaon Impo�ts Auto Dealership (Bloomington) Gippers RestsurantBar (St Louis Park) Goldrn Vatley Shopping Cenur (Goldrn Valley) Ground Round Restaurant (Burnsville) Ground Round Restaurant (Golden Valto3') Proposed Holiday Conveniena SWre (PlYmoutf►) Jennings Red Coach Inn (St Louis Park) Kennel-Aire Retail Facility (St Louis Park) K-mart Crnter (St Paul) Martin I,eather RetaiUStudio Building (Minneapolis) Metro Offia Park (Bloomington) Meyers Dairy Outlet �aY�) Malkerson, Giltiland, Martin, LLP (Asset Valuation/Eminent Domain) Mark Warren Homes, Inc. (Retail Lot Valuazion) Marriott Inc. (Relocation) McDonald's Inc. (Relocation) Metropolitan AirpoRs Commission (MAG7 (Asset Valuation) Minneapolis Community Development Agenry (PcopertY Vatuation and Rental Malysis) Minnesota Mining 8c Manufacturing (3I� (Eminent Domain) Minnegasco, Inc. (Asset Valuation and Eminent Domain) Monywr Federai Savings Bank (Asset Valuation) Moss & Bamett (Asset Valuation) PDQ Food Stores of Minnesota, Inc. (Asset Valuation) PHH Homequity, Inc. (Relocation) Pillsbury Company (Eminent Domain) Pophem, Haik, Schnobrich & Kaufmsn, Ltd. (Eminent Domain) Premier Moctgege Corporation (Mortgage) Procwr dc Gambl4 (Relocation) Real Estate Servias Inc. (Asset Valuation) Resoludon Trust Corporacion (RTG� (Assec Valuation) Robins, Kaplan, Miller dt Ciresi (Eminent Domain) Scott County Highway Departrnent (Eminent Domain) Sprint PCS (Impact Study) Stau of Minnesota (Asset Valustion) S. Todd Rapp (Asset Valuation and Eminent Domain) Travders Relocation Cotporetion (Relocation) Uniud States Federal Govemment (Asset Valuation) Universal 0utdoor Co.(Asset Valuation and Eminent Domain) Universal Service Company (Relocation) Ventres Law Firtn (Eminent Domain) Westwind Homes, Inc. (Asset Vatuation) Metropolitan Office Building Minnewnka Country Club Naegele Outdoor (Advertising Plant) Nativity of Mary Churc6 Nativity of Mary Elementary Schooi Otter Lake RV Cenur Peterson Seed Distribu6on Center PDQ Convenience Storo PDQ Strip Center Plymouth Auto Pia»/Mini Mart Rialto Theater Richfield Mitsubishi Auto DealecshiP Rudy Luther Toyota DealershiP St Suphens Elementsry School Sandco Offia/Warehouse Building Scandanavian Lifestyle Retail Outkt Slade Apartments 'i1u Commons Mall Transmission Repair Shop Triple Clean Car Wash/Laundmmat U.S. Swim & Fitness Buiiding VFW Post#1296 Vatley Green Business Pack WhitdGMC Truck Center Woodbridge Office Buitding Ziegler, tnc. Headquarten 13.19 (St Paul) (Minnetonka) (Metropolitan Mpis) (Bloomington) (Bloomington) (Lino Lakes) (Shakopa) (Crystal) (BumsviUe) (P�Ytnouth) , (Mtinneapolu) (Richfiel� (Golda► Valley) (Minneapotis) (St Paui) (Bloomington) (M'����) (Brooklyn Park) (BloomieBWn) . (Bumsville) (Fridley) (Bloomington) (Shakopa) `(Minnetonka) (Shakopa) circa 929198 Page 2 of 2 City of Fridley Land Use Application SP-99-01 February 17, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: David Hoeschen Holiday Companies P.O. Box 1224 4567 W. 80`� St. Minneapolis, MN 55440 Requested Action: Special Use Permit Purpose: To construct a motor vehicle fueling station and car wash. Existing Zoning: C-2 (General Business) Location: 5695 Hackmann Ave. Size: 60,220 square feet 1.38 acres Existing Land Use: Motor vehicle fueling station. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Multi-Family & R-3 W: Hwy 65 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sections 205.14.O1.C.(5) & (6) requires a special use permit for vehicle fueling stations and car washes in the C-2 zoning district. Zoning History: Land has been used as a service station since the 1950's, in 1975 it was re- zoned from C-ls to C-2, but the zoning maps were never updated. Legal Description of Property: Part of Lot 1, Auditors Subdivision No. 25. (See attached) Public Utilities: Water and sewer are available near the site. Transportation: Hackmann Avenue provides vehicle access to the site. Physical Characteristics: North %2 of lot contains a gas station south %Z of lot is undeveloped, in a natural state, covered with grasses, ash, elm, and cottonwood trees. South %2 of lot is approximately 5' lower in elevation than the north %z of the lot. SUMMARY OF PROJECT Holiday Companies is requesting a special use permit to allow the construction of a fueling station and caz wash in an area zoned for general business use. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. Fueling stations and car washes aze a permitted special use in the C-2 zoning district, and the service station and car wash proposed by Holiday Companies comply with the requirements for the special use permit, subject to the stipulations suggested by staff. It has also been determined by two environmental consulting firms that it is most likely no wetlands exist on the site. In addition, Holiday has done well to incorporate surrounding properties in their drainage control plan. CITY COUNCIL ACTION March 22, 1999 Staff Report Prepared by: Paul Bolin 13.20 STAFF REPORT SP #99-01 Request Holiday Companies is requesting a special use permit to allow the construction of a motor vehicle fueling station and car wash in an area zoned for general business use. The property, located at 5695 Hackmann Avenue, is currently used as a motor vehicle fueling station. The current Citgo station will be razed, all tanks removed, and a new Holiday "Stationstore" and car wash built on the property. The proposed "Stationstore° and attached car wash will be approximate�y 4,466 square feet, with the storefront facing north. The building will be covered with earth-tone brick and split-faced block. The building will have a hipped roof with dark asphalt shingles. Service doors will be painted to match the building finish, and trash dumpsters will be enclosed within the building. Four fueling stations, with the ability to fuel up to eight vehicles simultaneously, are proposed to be located perpendicular to the store front. These fueling islands will be covered by an overhead canopy. The canopy edges will be finished with facia to display Holiday trademark signs and accent striping. The underground storage tanks are proposed to be located along Hackmann Avenue. �ocanon or property Historv This property has been used as a service station since the 1950's. The current occupant is a small Citgo gas station. The current station is a self-serve fueling station with a small drive-up booth for the cashier. In 1975 the property was re-zoned from C-1 s to C-2, but the zoning maps were never updated. Though the City zoning maps identify the property as being zoned C-1, the property in question is actually zoned C-2. 13.21 Vew of current station from west side of property Ana/ysis The proposed parking facilities are more than adequate to meet the demand generated by customers and employees of the "Station Store". In addition, Mr. Hoeschen met with City staff to ensure that parking, storm water ponding, curbing, and landscaping were consistent with City requirements. Jon Haukaas, Assistant Public Works Director, reviewed the drainage pians and calculations for the proposed "Stationstore" and noted that the plans fulfilled all of the City's drainage requirements, including ponding for a 100 year s#orm. Mr. Haukaas also stated, "It should be noted that they have gone beyond what is usually submitted and taken into account drainage from the adjacent properties; namely, the finro apartment buildings on Lynde Drive and the rear half of the private homes south of Hathaway Lane and west of Polk Street.° A full copy of this memo is attached. With the soon-to-be reconstructed intersections, easy access to HWY 65 and old Central, the amount of traffic generated by this use should have minimal impact on the character of the neighborhood. The property will be fenced and screened with landscaping so as to minimize disruption of the neighboring properties. In addition, restrictions are recommended on the operating hours of the car wash (6AM - 11 PM) and allowing no lighting of faces of the fueling island canopy. These restrictions are recommended because of the proximity to residential areas. Twenty-four hour operation of the car wash and excessive canopy lighting would disrupt the quietude and comfort of the surrounding residential neighborhood. The proposed use will not place an unreasonable demand on existing public utilities and services. The City's water and sewer system can easily accommodate the slight increase in demand generated by the station store. In reviewing this application, staff visited the site and noticed what appeared to be possible wetland vegetation. The City's environmental consultants, Peterson Environmental, visited the site and took a few soil samples. Their initial response, afte� reviewing the soil, air photos, and National Wetland Inventory maps is that the area is 13.22 not a wetland. In addition, Holiday Companies hired Arlig Environmental to also review the site and identify any possible wetlands. Their conclusion was similar to Peterson Environmental, that the site most likely is not a wetland, but that additional soil testing should be done in late April when the ground thaws. For this reason, the first stipulation recommended by staff states that additional soil testing will be completed later this spring to make a final determination of the presence of non-exempt wetlands. If it is determined that non-exempt wetlands exist on the property, the special use permit shall become null and void. No site alterations shall occur until this final determination has been made. Resident Concerns / Questions To date, City staff has received three letters of comment from the surrounding neighbors concerning the special use permit for this property. The concerns of the neighbors included lighting, noise, hours of operation, drainage, and property values. Copies of the letters are attached to this report. . Excess LightinQ - Neighborhood residents are concerned that the lights found on other Holiday properties are much brighter than the lighting found on the current Citgo station. Staff recommends stipulations requiring recessed, down cast lighting underneath the canopy, and a stipulation requiring that the canopy edges not be lit. Excess Noise- Neighborhood residents are concerned about noise generated by tra�c, the intercom system, and customer's stereos. While it may be impossible for the City or Holiday to regulate how loud their customers play their stereos, a stipulation is being recommended that Holiday place informational signs requesting that their customers respect the fact that they are near a residential area. In addition, a stipulation has been added requiring that the intercom volume be set low enough that sound does not leave the property. 24 Hour Operation - Neighborhood residents have expressed concern over the hours of operation for the proposed "stationstore" and car wash. The current station is only open from 7 AM - 10 PM. Neighbors fee/ that overnight operation will disrupt the neighborhood due to increased noise and lighting. The City has no ordinance regulating hours of operation for businesses, however, staff is recommending a stipulation requiring that the car wash only be operated from 6 AM - 11 PM. Stipulations place on lighting will also help minimize disruption to the neighborhood. Drainage Concerns - Residents are concerned that their backyards will be flooded, or have water pond in their backyards, when Holiday changes the grade of the wooded lot on the south half of their property. Holiday Companies has revised their drainage plans to take into account the runoff from the surrounding properties, reducing the possibility of ponding and flooding on neighboring properties. 1 �.23 Car Wash Concerns - Questions have been raised regarding the extra tra�c, noise, and any possible environmental concerns caused by car wash facilities. Staff does not have any data to determine if a car wash would generate any additional traffic to the property. Staff is recommending that the car wash only operate between the hours of 6 AM - 11 PM, in order to reduce noise in the surrounding neighborhood. Possible environmental concerns are being addressed through the Building Code for car washes. Waste trap and filtration devices are required. Underground Storage Tanks - There have been concerns from the neighborhood residents over the size and safety of the underground tanks. Holiday Companies will be removing the existing tanks and replacing them with new state of the art fueling tanks. The new tanks are monitored with computers to instantly detect leakage. Environmental Issues - Residents would like to know if their are any environmental issues related to the site, and what type of an "environmental" neighbor is Holiday? This issue is best addressed by Holiday Companies. City staff identified possible wetland vegetation on the site. In addition to the the City's environmental consultants, visiting the site and taking soil samples, Holiday Companies hired Arlig Environmental to also review the site and identify any possible wetlands. TMeir conclusion was similar to Peterson Environmental, that the site most likely is not a wetland, but that additional soil testing should be done in late April when the ground thaws. Pro�ertYValues - Residents have expressed concerns over the proposed sfiationstore and car wash negatively affecting their property values. While staff cannot account for the market value of homes in the City, the assessed value of the homes will not be negatively impacted. The City Assessor's office has stated that the assessed value of these homes will not be any different with a Holiday "stationstore" and car wash, than they would be with the existing Citgo. A fueling station is still a fueling station for assessing purposes. RECOMMENDATIONS City Staff recommends approval of this special use permit, with conditions. Fueling stations and car washes are a permitted special use in C-2 zoning districts and the Holiday "Station Store" proposed, with stipulations, complies with the requirements for the special use permit. Fridley City Code states, "In considering applications for Special Use Permits under thls code, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety and general welfare of occupants of surrounding lands, existing and anticipated tra�c conditions and the effect on values of property in the surrounding area. If it is defermined thai �h� proposed use will not be detrimental to the healfh, safety or general welfare of the community, nor will cause serious tra�c congestion nor hazard, nor will seriously 1 �.24 depreciate surrounding property values, and that the same is in harmony with the general purpose and intent of the Zoning Code, the City Council may grant such permit and may impose conditions and safegua�ds therein by a favorable vote of a majority of members of the CounciP. Stipulations Staff recommends the Planning Commission approve the special use permit subject to the following stipulations: 1. The soils on the property will be tested (weather permitting) by May 1, to make a final determination on the presence or absence of non-exempt wetlands. Testing will be completed by the City's environmental consuttant at the petitioners expense. If it is determined that non-exempt wetlands exist on the property, this special use permit shall become nufl and void. No site alterations shall occur until a final determination on wetland status. 2. The petitioner shall be responsible for litter control on the premises, and litter control is to occur on a daily basis. Trash receptacles must be provided on site at convenient locations to facilitate litter control. 3. Parking lot must be lined with a concrete curb. 4. Adequate parking to meet code requirements, including one handicap space, 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, downcast lighting so as to be less intrusive on neighboring properties and canopy faces shall not be.internally lit. 9. Car wash hours of operation shall be limited to 6A.M. - 11 P.M.. 10. Tanks and ventilation shall be located so as to limit gasoline fumes off premises. Tank and vent location to be approved by staff prior to issuance of a building permit. 11. Petitioner shall install adequate informational signage on-site to assure proper flow of traffic around the building and to assure that cars waiting to be washed do not block access from roadways. 12. Intercom volume shall be set so intercom messages do not carry beyond stationstore property. 13. Informational signage shall be placed on-site reminding Holiday customers that they are in a residential area and requesting they keep radios turned down so impact does not carry onto neighboring properties. 1 �.25 14. Petitioner shall install all waste trap and filtration devices as required by the Building Code for car wash facilities. 15. The petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code. 16.The petitioner shall comply with all outdoor storage requirements. 17.The petitioner shall install underground irrigation for the landscape areas surrounding the station store. 18.A11 signs shall be reviewed by staff to assure compliance with Chapter 214 of the City Code. 19.A11 building elevations shall be reviewed by staff to ensure the design and materials 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 building permit. �1 �.26 CiTY OF FRIDLEY 6431 UNNERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory Others PROPERTY INFORMATION: - site plan required for se�bmittal, see attached Address: 5695 HACKMAN AVE. � Property Identification Number. �4-�0- 4-��-nnn� Legal Description: Lot Block Tract/Addition Current Zoning: c-i* Square footage/acreage: *PROPOSED c-2 Reason for Special Use: MOTOR FUEL SALES AND CAR WASH Have you operated a business in a city which required a business license? Yes �_ No If Yes, which city? FRTn?.F.Y aNn (1THF.RC If Yes, what typ� of business? MOTOR FUEL/CONVENIENCE STORE/CAR WASH Was that license ever denied or revoked? Yes No _�_ /4r�VNN�Vtti�►ArV1ViV�V�V�VAr�V�V�V1V�V�V�V�V1V�Y�V/�/�V�V�VNNN�Y�V�V�Yr/rNtiN�V�V V,VM�/�VN�VA/�VM�/M�V�V�V�V�VNN�V�V�►�V FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: �,xx � s co . ADDRESS: ��n� r.FnaR avF_ sn_, MPT.S� MN 554�7 DAYTIME PHONE: SIGNATURE/DATE: �V iV�V�V�V�V�V�V�Vtiti�V�V �V�V�V��V�V�V�Y�V�V�V.V�V�V,V�Y�V^/N�V�V^I�VN1VN1VNNAr�VtiiV/r'VArti/W�V�V^/M�V4ti�VA/�V�V^/�V�/ PETITIONER INFORMATION NAME: HOLIDAY STATIONSTORES INC. ATTN: DAVID D. H ES ADDRESS: 4567 W. 80TH STREET, BLOOMINGTON, MN 55437 DAYTIME PHONE: �� �/R�n_R��� SIGNATURE/DATE: �Vti,V�V�V�VINA/1V�V�VN�V�ViV V�V^/�V/V�VArN�VN�V^//b�V�V�VN�V�VM�ViV�V�VAIV�V VA/�V�V�V�VM�V�Y�V/b�VA/�Y�VA/�V/V�V�V�V�V�V�V Section of City Code: FEES Fee: $100.� Residential Second Accessory $400.00 Others Application Number: 9- Receipt #: 3/ � Received By: Scheduled Planning Commission Date: I�e.t►- �?�� i��a-9' Scheduled City Council Date: �.-c� /= 2 10 Day Application Complete Notification Date: 1 25l 60 Day Date: ���: ,��:, 13.27 -- - - -=----__. - -- __ �_ .--... -===-- 1 -- - - - - •-====--- --- --__ STa� _ �. .� _ . ___ . ._.' '" "•' ' ===="_`i] '�� _. ._. ....�. �-_�:� _ ��� . _ _ . .. �,_ � " 1� ---..� - __ ...... .�� � � "�� '�_ . ... _. � . _.._ ' --`� ' ' ' '..�.� .. ..... � —_._ --_._ .... __.... __ ...... ' . '-k ,� TRU� .._ ��_� _ ....� -- -----_ -� � _ - - - ° -� ` .: ----- ... ' �... 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I . . i � ,� � � _—',,. xtc�i�.,�Y ; .: -�- - � _ = _� �, -___ ; , - -- � � — ____,•' No � `= = _ _ . --s : : � � — � ' — _ , r: � . ,.at. _�-: , � � . r _ . �e:au� ... � ' yfrt- - ." r � 1"- -..� 6 T _.�, � '_ `.+ ' r > � - 5 „_ +` � �--� �� - - . � ' _'- ai � '-'._.. . � v'"'� ` a c��a�_.a. � �ER{TC 1- � � `a� .. : ' � F . -._ ' �_-..: _ ��` � ' � R '��a � ��i � i ,� i �__ �-_ ., .en _.w7rr_.a�-.._ .. - r ��:-n� . . ,_.•���"'<.•. i � _ .--,_ . �. �i � 0 �"g '" : �g> p� � p A N AC�C ^r y ��� �o �< a < I I I � � ��� Preliminary I I I � � Q��,, ����,► � � � � � i�����_ � � � ������� ������a � ���� a � �,� �� �8� � �� � t ;' � r �,� ��'�����;��:;� -r..� l�, �� i 4 ; ��'; ! I ;����� �,�.�; � � .t.�� i � f i�, F � � � s HOLIDAY STATIONSTORE ����� � � S 0 o = � �� � � o � �, 1�11�11�1 � _. .,, ; _ •: � i �1:�-�.y r_r � �.:, �y t.�: ::��. � � WRITTEN DOCUMENTATION Holiday Stationstores, Inc. January 15, 1999 Owner/Applicant: Holiday Stationstores, Inc. Attn: Dave Hoeschen 4567 West 80th Street Bloomington, MN 55437 612.830.8727 Civil Engineering: Loucks & Associates, Inc. Attn: Jeff Shopek 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369-5592 612.424.5505 Architect: Sagat Architects, P.A. Attn: John Sagat 4159 Grand Avenue South Minneapolis, MN 55409 612.822.8200 Holiday Stationstores, Inc. proposes a razing and rebuilding of the existing Citgo station at the southeast corner of Central and Hackmann Avenues. Construction of a new state-of-the-art convenience store with retail petroleum sales and an automatic car wash is proposed. The convenience store with attached car wash building will be approximately 4,466 square feet with the store front facing north. The building will be a-class A building with an earth-tone face brick and complementary split-faced block accents. The roof will be hipped with dark, asphalt shingles. Facia will be installed below the gutter, above the windows, to allow Holiday trademark signs and accent striping. Trash is enclosed inside the building. All doors will be colored to match the building finishes. � Convenient customer parking is provided along the store front, with overflow parking along Hackmann Avenue and employee parking located along the service road. 13.35 Holiday Stationstores, Inc. Written Documentation January 15, 1999 Page 2 Four petroleum dispenser islands, able to fuel eight vehicles simultaneously, are proposed perpendicular to the store front. An overhead canopy is proposed for the dispenser area. The canopy will be finished with facia to display Holiday trademark signs and accent striping. Underground storage tanks are located along Hackmann Avenue. Landscape area is provided and contains a mix of plantings, with an emphasis on screening along the east property line. This project will be completed in a single phase. Construction is expected to commence this spring, with completion this summer. This proposed development is an expected upgrade to existing conditions and surrounding land uses. Layout and design planning result in a configuration with minimal conflicts. Granting a rezoning and a Conditional Use Permit for this project will allow enhancements of expected and need services for the area, and will promote the orderly redevelopment of this parcel. 13.36 :._ � � y P / 2 � ; � ;; 1 ;� „ � '`' � , � lN , /, ' / � � Oi , / `� � �% , r' � . i i+ ,� ,� '� ', � / - ;, �` :,� D /(^ � ��Q /l•• , I` :"�z �W , /; j, ;�^ o Q � t�-�---�-- -� �, =,z: W y , � V �, O � ', p Q � � ��� I •.: ��� O y z O '/ • , / • / � _ r /I /,� . ;`; • �� � � �� c�' • . v_,� ° o ; ,� �` � � . ,��' � � � � � ��� � � � i � ,-� '�. ' ; � � ! ; v 1 _ � r � ' -- J, � a �� � � �� � � � � � � � f r �' � � t� C""•• p :.F • ' � Y. ` r: ; � , � Q o I ,•�� r r: / � � � . �� ' � r +' � �° e � } ll � � '+' � (+J ��O �` f �f ; 1 � �� j � . � f. � 4 � � � i. � �' � � "' 1� y'�-M1 f � � _.. � ; � , � I� � V / �\ �� .ti. ` � ��\ �:! \ ..� / ',. . � � � A �� 4 y '' � D � t� ` O a OG� D y / � \V � � ci, + ;� f' a `�� � , ; : � `` � ; � � � , � � , , ; � � � __ hNCKMNii AVE '"-�_ � - i � � � i � i D M O � ; a . � f � ' _ `' � � I � � _� 1 , �, �J 0 - -- ' - d _._.� � �- '' U 0 � �` O•--•_.- •�-��1-� �I' ��---° 4 � � r Q 0 � ; � � � O ���� � ��.. ! �e � �d �,ph � en.'i� � �� � � I • ' . J � � �i i i ' �� , , I; ' •, ± i �; ; ; , ; �� ; + � f ��. . , � 13.37 �FEB-09-1999 08�38 FROM US FISH AND WI�DLIFE TO 95711287 P.01 Mr. Paul Bolin Planning Assistant City of Fridley Fridley, MN 55432 Dear Mc. Bolin: �te: Holiday Stationstores Special Use Permit at 5695 Hac�Cman Avenue. I have the following concerns and questions regarding the Special Use Pernut referenced abo�ve. I cannot attend the February 17'h pla,nning commission date. I can either pick up a video of the proceedings or please send me a letter at 5763 Central Avenue, Fridley, MN 55432 with the answers. 1. Are the Lower Underground Storage Tanks that aze going to be replaced larger (either in number of or in size) than the ones already on the property? If they are larger will there be an environmental analysis or plan done before any permit is granted an the ramifications of lealdng or spill and its impact to not only the residents but to Moore Lake? 2. How will the lighting impact the neighborhood? How much more light will there be in the surrounding area? Ts there a lighting plan (e.g. all area outside lights will be dimmed at 9 pm etc.) Citgo, the current gas station in that location, c loses aroun d l Opm every night, If the Holiday Station is open beyond tha.t-- will increased ligh'ng affcct the neighborhood? Can the lighting plan be part of the special use permit? Increased lighting is something I have very lazge concerns about. The prospect of hying to sleep and having my house lit up like a football field concems me. 3. DoES the compatty have any outstanding or p��g natural resource damage assessments or any other environmental suits regarding any of its I�oliday station stores? If so, what kinds of damage are we talking about and how are they resolving their environmental issues? I would like to laiow what kind of an environmentai neighbor is moving in, 4. How will the additional trai�ic be managed? Is there any research that shows how much more traffic this station will pull into that area. I live on Cen�al and it is already very difficult to get onto the highway. Noise is also a concern to me. Although T do not know of a measurement system that would take the noise we currently aze experiencing and introduce a lazger gas statio� how much the noise wili increase, but it is a concern. 5. Will the grade on the pmperty change? There is currently a depression behind the Citgo station that holds run_off. Once that is paved over where will the water/fuel spillage run-offs �� to? 6. This station will have a caz wash, Is there any enviro�ental issues associated with a car wash that the city and neig}�bors should.lrnow aboui? 7. When a large service station that is open 24 hours rnoves into a residential neighbarhood, does the properties close to it experienee any market loss (e.g, market price or buyers who w�� ta live ne.xt to a business of this type)? If th�r�'i�i�do experience a loss—who is going to _FEB-09-1999 08�38 FROM US FISH AND WILDLIFE TO 95711287 P.02 compensate them for this loss? Thank you �or your attenrion to my questions. I loak forward to further discussions. Julie A. Morin °13.39 TOTAL P.02 FEBRUARY 09, 1999 CITY OF FRIDLEY PLANNING COMMISSION RE: CASE SP #99-01 HOLIDAY STATIONSTORE I'AM WRITING IN RESPONSE TO THE ABOVE PROPOSAL BECAUSE I WILL BE UNABLE TO ATTEND THE MEETING IN PERSON. I LIVE ONE BLOCK FROM THE PROPOSED SITE. I CAN SEE NO NEED FOR THIS DEVELOPMENT IN AN AREA THAT IS AREADY A PROBLEM INTERSECTION. THE STATION THAT IS CURRENTLY THERE IS ALL THAT IS NEEDED. THERE IS A CAR WASH CLOSE TO THE AREA AND PLENTY OF CONVENIENCE STORES. WITH THE FUTURE DEVELOPMENT AT THE OLD DRIVE IN PROPERTY WE DON'T NEED SOMETHING ELSE TO ATTRACT EVEN MORE TRAFFIC. ROBERT J WAYNE 5741 NE POLK ST. FRIDLEY MN. 55432 � �-� � ������-� ��''.�''�- 13.40 BOB & GLOR/A G/LSTAD 930 Hackmann Avenue NE Fridley, MN 55432 (6i2j 571-6875 February 10, 1999 City of Fridley 6431 University Ave. NE Fridley, MN 55432 ATTN: Scott Hickok, Planning Coordinator RE: Case #99-01, Holiday Stationstore at 5695 Hackmann Avenue Dear Sir: We live next door to the current Citgo Station that is being proposed to become a Holiday Stationstore. We are traveling to England this week, but plan on retuming on 2/17 to attend the Planning Commission meeting if at all possible. We wanted to share some concems about this proposal. 1) EXCESS LIGHTING - We have visited a number of other Holiday properties and found the lighting of their pumps is much brighter than the current operation. The pump sites are proposed to be right adjacent to our bedroom windows and our house elevation is well over the proposed fence so nothing will buffer these lights. 2) EXCESS NOISE - This is a concem from the intercom system used by employees, the noise from customers stereo's and general traffic noise. Again the traffic pattem to the pumps is shown right next to our home. 3) 24 HOUR OPERATION - We have lived next to the current station for 18 years and they have been courteous neighbors in that their operation has been between 7 AM and 10-11 PM. This has limited the disruption of the neighbofiood. We feel the increased lighting and noise will be especially disruptive in the night hours. 4) DRAINAGE CONCERNS - Our backyard and the wooded area of the gas station property are lower in elevation than the rest of the neighborhood. We are concerned that when the wooded area is filled for const�uction it will cause water to pond in ou r yard. 5) CAR WASH CONCERNS - We are concerned about the extra traffic or noise problems that this may cause. When looking at other Holiday properties, we did not find another located side by side with single family residential homes. Most are buffered by an office building or streets. We would like to see the pumps moved to other side of the property, so the building could buffer some of the lights and noise. Sincerely, �� � t 5��� ���� ��,�- Bob & Gloria Gilstad cc: David Hoeschen, Holiday Stationstores 13.41 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 3, 1999 . � �-� - Chairperson Savage called the March 3, 1999, Plannin ommission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, LeR Oquist, Dean Saba, Brad Sielaff, Connie Modig, L Kuechle � Members Absent: Dave Kond Others Present: Paul in, Planning Assistant Da Hoeschen, Holiday Companies e attached list MOTION b r. Oquist, seconded by Mr. Saba, to approve the February 3, 1999, Planning ommission minutes as written. UPO A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TH MOTION CARRIED UNANIMOUSLY. PUBI.IC HEARING 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, Audito�'s Subdivision No. 25, generally located at 5695 Hackmann Avenue M TI N 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 G2 General 13.42 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 southem 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 vafues. 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: 13.43 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 3 1. The soils on the property will be tested (weather permitting) by May 1, to make a final determination on the presence or absence of non-exempt wetlands. Testing will be completed by the City's environmental consultant at the petitioners expense. If it is determined that non-exempt wetlands exist on the property, this special use permit shall become null and void. No site alterations shall occur until a final determination on wetland status. 2. The petitioner shall be responsible for litter control on the premises, and litter control is to occur on a daily basis. Trash receptacles must be provided on site at convenient locations to facilitate litter control. 3. Parking lot must be lined with a conc�ete curb. 4. Adequate parking to meet code requirements, including one handicap space, 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, downcast lighting so as to be less intrusive on neighboring properties and canopy faces shall not be internally lit. 9. Car wash hours of operation shall be limited to 6A.M. - 11 P.M.. 10.Tanks and ventilation shall be located so as to limit gasoline fumes off premises. Tank and vent location to be approved by staff prior to issuance of a building permit. 11. Petitioner shall install adequate informational signage on-site to assure proper flow of traffic around the building and to assure that cars waiting to be washed do not block access from roadways. 12.Intercom volume shall be set so intercom messages do not carry beyond stationstore property. 13.Informational signage shall be placed on-site reminding Holiday customers that they are in a residential area and requesting they keep radios turned 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. 15. The petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code. 16.The petitioner shall comply with all outdoor storage requirements. 13.44 PLANNING COMMISSiON ME�TING, MARCH 3, 1999 PAGE 4 17. The petitioner shall 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.A11 building elevations shall be reviewed by staff to ensure the design and materials 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 building permit. Ms. Modig asked how the size of this proposed station store compares with either the Columbia Heights station store or the Brooklyn Center station store. Mr. Dave Hoeschen, Holiday Companies, stated the Brooklyn Center station is a similar prototype; however, the proposed station store is slightly smaller at 3,747 square feet. The Brooklyn Center station store is 4,000 square feet. The Columbia Heights station store is slightly smaller than this proposed station store. Mr. Sielaff asked where the storm water detention basis was located and does it discha�ge into Moore Lake? Mr. Bolin stated the storm water detention basin is located on the western edge of the property and does discharge into Moore Lake. The storm water after leaving the 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 all the catch basins. The neighbors were concerned about drainage. Beyond putting in large dry ponding areas that will capture the water, hold it briefly and discharge it at a regular rate, they wanted oil and water separators because of the proximity 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 sanitary sewer. 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, they will be installing all state of the a�t tanks and equipment. 13.45 PLANNING COMMISSION MEETING, MARCH 3, 1999 � PAGE 5 Mr. Saba stated one of the stipulations recommended by staff states that "the intercom volume shali be set so intercom messages do not carry beyond the station store property" (#12). He asked how that can be controlied. Mr. Bolin stated it is staff's hope that Holiday wiil walk around the perimete� of the site to test the volume and monitor the level of sound. However, if City staff receives complaints and there is a problem, the sound level will have to be adjusted accordingly. Since this is 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 staffs intent that the intercom system is not to be used on a regular basis. Mr. Hoeschen stated that regarding the intercom, they would prefer to be able to talk to customers that a pump is ready for use, etc. At the 57'� Avenue station store, they agreed not to use it for music, advertising, or directional messages. In this case, it is only for emergencies. The intercom is two-way which is required by the Minnesota Fire Marshall's Office. Mr. Hoeschen stated that staff has done a very detailed analysis. They would prefer not to see 20 stipulations but do understand each one and all 20 are acceptable; however, he would like to address one or two stipulations. Mr. Hoeschen stated one stipulation addresses the wetlands (#1). Their engineer, as well as the City's, believes that is not likely that there are wetlands here. He has no problem with the stipulation except the portion which states: If it is determined that non-exempt wetlands exist on the property..." If wetland vegetation is found, they would like to be 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. In addition, they met with the property owners immediately to the east , the Gilstads, at 930 Hackmann Avenue whose property is very close to the proposed development. These property owners had a couple of 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 property as possible. The property owners asked that the store have shorter operating hours than the 24 hours being requested by Holiday. He stated they would like to have a 24 hour operation; but they have assured these neighbors that as long as they are fiving in this house, Holiday will limit the hours of operation to 5:00 a.m. to midnight. 13.46 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 6 Mr. Hoeschen stated he received a telephone call 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 to 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 property owner's driveway actually encroaches on the station store parcel. It is not an issue for Holiday, but it does tend to condense the space between the two 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 concerns. 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 concemed about the traffic that would be generated. Currently, Hackmann Avenue has approximately 3,000 cars/day that enter Central Avenue and then onto Highway 65, and approximately 12,000 cars/day come down Central Avenue. These statistics were obtained by Anoka County and the 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 would 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 13.47 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 7 will generate trips other than just the fueling. The convenience items that are cuRently 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 mo�e traffc. 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 of the site. Some of those vehicles are going to cross Highway 65 onto Central Avenue to find altemate ways through the neighborhood 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 calts from neighbors regarding this particular proposal. They are all very concemed about the traffic pattem. 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. 13.48 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 waRants 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 Jorgenson 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. Bo�in 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 still 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 2Yz 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,J00 in taxes for the City of Fridley. They built here because it is a beautiful neighborhood 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 phenomenal during the morning. 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 turned down so impact does not carry onto neighboring properties." He did not know how this stipulation could be enforced. 13.49 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. I�ts. Ann Williams, 5760 Hackmann Avenue, stated that she lives across from the Gilstads. She stated there are n�merous times when she has difficulty getting out of driveway because of the heavy traffic on Hackmann. She has many cars that pull into her driveway to turn around. This gas station is going to do �othing 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 concerns 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 concerned 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 p�oblems 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-turn 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 13.50 PLANNING 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 Apa�tments, and she wouid be concemed for their safety. This area just doesn't need the added traffic. M TI N by Mr. Saba, seconded by Mr. Oquist, to close the public 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 corner. 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 pulf 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, no� 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 concerns 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 concerns 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. 13.51 PLANNING COMMISSION MEETING, MARCH 3, 1999 PAGE 11 Ms. Modig stated she lives in the area on Hilicrest Drive, and Central Avenue is her main corridor in and out also. She hoped that some of the intersection changes wiil heip 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 particular 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 service 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 evid�nce is overwhelming on the traffic, and he would vote against the special use permit. MOTI N 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, Audito�s Subdivision No. 25, generally Iocated 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 VOTlNG 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 DECi���� THE MOTION CARRIED UNANIMOUSLY. 13.52 MEMORANDUM DEVELOPMENT DIRECTOR DATE: May 10, 1999 � TO: William W. Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Requesting a Vacation of a Portion of CaRie Lane Right-of-Way, Medtronic Inc., SAV #99-01 Background The City Council postponed action on this item until staff could determine if there is adequate public purpose to initiate condemnation proceedings to acquire the property at 5675 Quincy Street. Staff and City Attorney have determined that there is adequate public purpose. Recommendation Should the Council decide to initiate condemnation proceedings, stipulation #1 of the attached resolution should be amended to read: "The petitioner shall reconstruct Carrie Lane as depicted on the plan labeled as Exhibit B, subject to final approval by city staff'. Should the Council decide not to proceed with the condemnation proceedings, stipulation #1 should remain as written: • 1. The petitioner shall reconstruct Carrie Lane as depicted in Option 2A. 2. The petitioner shall dedicate right-of-way for reconstructed Carrie Lane as shown in the preliminary plat submittal. 3. The petitioner shall submit a final landscape and irrigation plan to be approved by the City prio� to issuance of the first building. 4. The petitioner shall submit a final construction plan to the City Engineering Department for review and approval prior to demolition of existing Carrie Lane. 5. The petitioner shall maintain all landscaped areas around reconstructed Carrie Lane. BD\jt Attachment M-99-115 14.01 RESOLUTION NO. -1999 A RESOLUTION APPROVING A VACATION, SAV #99-01, VACATING A PORTION OF CARRIE LANE, QUINCY STREET, AND JACKSON STREET WHEREAS, the Planning Commission heid a public hearing on the vacation, SAV #99-01, on April 7, 1999, and recommended approval to vacate: That part of Carrie Lane, Quincy Street, and Jackson Street as was dedicated in the plat of DONNAY"S LAKEVIEW MANOR ADDITION, according to the recorded plat thereof, Anoka County, Minnesota, lying southerly of a line drawn from the southeast corner of Lot 1, Block 10, said DONNAY'S LAKEVIEW MANOR ADDITION, and lying southerly of a line drawn from the southeast corner of Lot 12, said Block 6, DONNAY'S LAKEVIEW MANOR ADDITION, to the southwest corner of Lot 9, Block 5, said DONNAY'S LAKEVIEW MANOR ADDITION. WHEREAS, the City Council at its May 10, 1999, meeting approved the vacation request with stipulations attached as Exhibit A; and WHEREAS, the vacation request has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 if the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, that by the City Council of the City of Fridley, Minnesota, hereby approves the vacation, SAV #99-01, and authorizes the City Clerk to amend Appendix C of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OF MAY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 14.02 NANCY J. JORGENSON - MAYOR EXHIBIT A 1. The petitioner shall reconstruct Carrie Lane as depicted in Option 2A. 2. The petitioner shall dedicate right-of-way for reconstructed Carrie Lane as shown in the preliminary plat submittal. 3. The petitioner shall submit a final landscape and irrigation plan to be approved by the City prior to issuance of the first building permit. 4. The petitioner shall submit a final constriction plan to the City Engineering Department for review and approval prior to demolition of existing Carrie Lane. 5. The petitioner shall maintain all landscaped areas around reconstructed Carrie Lane. 14.03 r � , . \ l.i . .. ' �� .�. �� 0 --��_ �s \ � ��� � \ .�\` •` \�� . •`\• •\ A��`: r �'�:� ��� .•\ .\� � '``�: : .� "I) •.` `'` � ' .\ ,`j •\ � � ``�(`. 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M e- �` ` �. � � � _ � � �.wt ^ —'^ — , .�� � S � . � i ' � /'� t '4 —� � ~ 1 ; � : i � � ' � � Q ' ,M Y \� � ,� � � �f � '� ( ; ' � ,� . � C ' : � �°� . o � � ; i �� � � 14.0 Z d trLZZL 1 Z95� '0�[/l5 � 1 I'1,S/Z5 � 1! 66 , l Z'i v,� ...: � Y. "'� � 1: � ' ; i� � � � �� � � ;� ;� m I: � � � ,� O —'}� �a - - - ,,,_,r _ - � �� I ; w i i �� ! � ! ! � .�._ j . ��' � �:�i iU�••4 � :� �,� - � ._------� � �r�� �'�)x� ���i,� MEMORANDUM DEVELOPMENT DIRECTOR DATE: May 10, 1999 TO: William W. Burns, City Manager � �� FROM: Barbara Dacy, Community Development Director SUBJECT: Preliminary Plat Approval for Medtronic Inc. The City Council postponed action on the preliminary plat to further evaluate the issues associated with the vacation of Carrie Lane. The petitioner also objected to the proposed wording of stipulation #15. The stipulation has been reworded as follows (new language in bold): 15. The petitioner shall submit a letter of credit or performance bond equal to the construction cost of the public street (Lake Pointe Drive) and public utilities. The letter of credit or a bond will be held for a period of one year after completion of the improvements. If the petitioner installs the final asphalt mat on this street prior to full development of the site, . � e�ser�s#�t�s�+e�►. a final mill and overlay of the street shall be completed by Medtronic Inc. or its successor after completion of the last phase of construction on the site. At the writing of this memo, the petitioner is reviewing this language. The Planning Commission at its April 7, 1999, meeting unanimously recommended approval of the preliminary plat request, P.S. #99-01, with 14 stipulations (see enclosed staff report). Recommendation Staff recommends the City Council approve a preliminary plat request, P.S. #99-01, with 15 stipulations including the fourteen which were previously recommended by the Planning Commission. BD\jt M-99-118 15.01 FRiDLEY EXECUTIVE CENTER 2ND qDDITi �,`��`� �� ON .,.E�,� �� �� eS AfffC11NG !Nf ARE � - . _ R�WUVG K l0 /F USfC � _ .. , • . ...:rKf IURlOSES �uv0 IY f5 NO► fE$lpNy!(f iC ACCUfAUES tiFRE1N COt C/TY Of FRIDLEY 53923 W — �� Y J ` PROPOSED OUTLOT C� 4� o Q 1 SECt� �JL�J �.�J .. � : � �. 41 �+ 1� �f, '1� ��� .�i �'Af ��i� u e�,J' �� � O �n _ � i; � N .' .< � „ � � r ,^ E �. 0 � . . . , � :°�,y �� � y ��� .t '� .r s� ; � � S! ,. ��. �P'. , : ! '.,- '.7' � « '�� i.i ' 0�• < .o ,� ,t� y1• �� W I i4� �d � jl �� _ �. L � � �n � - l. � + �� �/ .I : � : � � � 2 /J�4� M 1� ��l > : I 1 `!� �d:• J �V • �` � � ! � ,t' .�.:. . ` ; � ••' , 37 TH.N �' � AVE. .. ` .�� y��� �. . _ ' I . 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J■V City of Fridley Land Use Application PS-99-01 April 7, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Jim Driessen Medtronic, Inc. 3850 Victoria Street N. Shoreview, MN 55126 Requested Action: Plat to define Phase I development area for Medtronic World Headquarters, Master Plan Purpose: To identify and permit Phase I, Master Plan for Medtronic's corporate office campus Existing Zoning: S-2 (Redevelopment District) and R-1, Single Family Residential Location: Size: Lake Pointe Drive & Bridgewater Drive 1,935,760 s. f. 44.439 acres Outlot A = 647,367 s.f. Outlot B = 37,084 s.f. Lot 1 = 951,501 s.f. Bridgewater Parkway = 299,808 s.f. Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Single Family & R-1 E: HWY 65 S: I - 694 W: Multi-Family & R-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sections 205.24 requires Planning Commission and City Council review of the Master Plan /project plan in the S-2 zoning district. Also consistent with Code Section 211. 04, which requires a plat for the subdivision of land. Zoning History: • Land originally used as a farm land. • Drive in theater for 20 years • HRA installed lights/utilities in 1987 • HRA purchased site in 1992 Legal Description of Property: Fridley Executive Center Outlot A& Outlot B(See attached documents for legal description of Canie Lane r.o.w.) Public Utilities: Water and sewer are available near the site. Transportation: Parkway to be constructed will provide vehicle access to the site. Physical Characteristics: Area is currently a neighborhood with a development site to the south consisting of streets, utilities, grass, and planted trees maintained by the City. SUMMARY OF PROJECT Medtronic, Inc. is requesting a plat to allow construction of Phase I of the development of Medtronic's World Headquarters. SUMMARY OF ANALYSIS City Staff recommends approval of Plat request PS #99-01 with stipulations (see body of report) CITY COUNCIL ACTION Apri126, 1999 60 DAY DATE May 3, 1999 Staff Report Prepared by: Scott Hickok 15.03 Medtronic Plat Request April 1, 1999 PAGE 1 INTRODUCTION Jim Driessen, Medtronic, Inc. has requested preliminary plat approval of the Fridley Executive Center 2"d Addition Plat. The Fridley HRA has co-signed this application due to its ownership interests in the property. The purpose of this plat is to allow Phase I of the Medtronic World Headquarters development. This plat involves a total of 44.439 acres and encompasses the entire former Lake Pointe Development site. The general plat boundaries are the Donnay's Lakeview Manor residential development on the north boundary, Highway 65 on the east boundary, Highway 694 on the south boundary, and 7"' Street on the west boundary. ANALYSIS Phase I of this development includes a total of 29.577 acres. Broken into its component parts, 21.843 acres of the area is intended for the Phase I buildings and grounds of the corporate campus, .851 acres have been identified as Outlot B (near West Moore Lake Drive), and 6.883 acres of land are to be utilized for a realigned Bridgewater Drive. The remaining 14.862 acres are identified in the plat as Out Lot A. The entire build-out of the Medtronic Campus is anticipated to accommodate as much as 1.6 million square feet of building area. These buildings will also require parking structures to accommodate the vehicles of employees, customers, and guests. Streets Medtronic has determined that the current roadway configuration will not be appropriate for their development. As a result, Lake Pointe Drive and Bridgewater Parkway, as they currently exist, would be removed. The plat shows a 110 foot right-of-way along the northem edge of the development. As shown, the right-of-way would contain the parkway, bike path, and the existing planted buffer. The plat should be revised to create an outlot to contain the existing vegetation along the north lot line. The Engineering staff has reviewed the proposed parkway and determined that � minimum 66 foot right-of-way should be dedicated for the portion of the parkway west of the west right-of- way line of Quincy Street. On the east portion of the parkway near the intersection, the right-of-way sho�l� be widened to a minimum of 90 feet. 15.04 Medtronic Plat Request April 1, 1999 PAGE 2 Lake Pointe Drive is a municipal state aid street. The proposed parkway should be reconstructed as a municipal state aid street and should extend from 7�' Street to Highway 65. Utilities The utilities plan shows utilities outside of the public right-of-ways are private. In this case, all utilities outside of Bridgewater Parkway and 7"' Street are to be private, and the maintenance of those utilities is a Medtronic responsibility. The HRA has an irrigation system that is currently in place throughout the entire development. That irrigation system has enabled the City to maintain a park-like site appearance. With the grading, road changes, and new building footprints, the irrigation system will be disassembled. In order to assure that the undeveloped portion of the site maintains its appearance, Medtronic must make the necessary repairs to continued viability of the irrigation system in the undeveloped areas. Storm Water Calculations, pond configurations, etc., have been analyzed by the City Engineering staff. Engineering has asked that storm water pond agreements be submitted and approved by the City to assure proper storm pond maintenance and to clarify responsibilities. The east half of the development is in the Rice Creek Watershed District. The engineering staff has asked for copies of all documents, calculations, etc. to assure the City file is complete and that they have a clear understanding of the requirements. Bikewav/Walkwav Bikeways and walkways play an important role in connecting neighborhoods, allowing altemative modes of transportation to and from the workplace and providing an opportunity for employees to exercise during their breaks. Medtronic has done a nice job of integrating bikeways and walkways into their plan. It is important that the existing opportunity for pedestrians to get from 7"' Street to Highway 65 continues to remain. A bikeway/walkway along the north side of the Parkway will provide that opportunity. Park Dedication Code requires that when land is subdivided, a park dedication fee is paid based on a rate of .023 per square foot of land. The park dedication fee for this development is $44,522.48. Park dedication fees are due at the time of building permit issuance. The Park and Recreation Advisory Commission will be reviewing the plan at its April 5, 1999, meeting. 15.05 Medtronic Plat Request April 1, 1999 PAGE 3 Site Maintenance Boulevards in commercial business locations, industrial developments and residential settings are the maintenance responsibility of the abutting land owner. The configuration of this development and the newly defined right-of-way areas make it necessary to emphasize that maintenance of certain areas in this development will be Medtronic's responsibility. Emergency Access The realignment of roadways will make it necessary to have an easement agreement allowing emergency access easements across certair� areas of the Medtronic campus for Fire Department Personnel. STAFF RECOMMENDATION Staff recommends approval of plat request PS #99-01, with the following stipulations: 1. The petitioner shall provide a minimum right-of-way width of 90 feet for Brid�ewater Drive, east �f the west right-of-way of Quincy Street, and dedicate as right-of-way the land south of Lots 12, 16, Block 11 and Lot 9, Block 5, Donnays Lakeview Manor Addition. 2. The petitioner shall provide a minimum Bridgewater Parkway right-of- way width of 66 feet, while also providing an outlot for the planted area, north of Bridgewater Parkway, west of the west right-of-way line of Quincy Street. 3. The petitioner shall close the Lake Pointe Drive connection to 7"' Street or provide "Road Closed" and/or "Dead-end" signage. 4. The petitioner shall recognize that all utilities outside the Bridgewater Drive or 7�' Street rights-of-way become a private system to be owned and maintained by Medtronic. 5. The petitioner shall repair and maintain irrigation system for the entire site. 6. The petitioner shall copy the City on all storm water submittals to the Rice Creek Watershed District including, but not limited to, plans calculations and narratives. 7. The petitioner shall provide Storm Pond Maintenance Agreement for all po�ds within the site. 15.06 Medtronic Plat Request April 1, 1999 PAGE 4 8. The petitioner shall pay park dedication fees in the amount of $44,522.48, prior to issuance of Phase I building permits. 9. The petitioner shall construct Bridgewater Drive from 7�' Street to Highway 65 as part of Phase I construction according to plans submitted as part of this application and shall comply with the Municipal State Aid construction standards. 10.The petitioner shall install an 8 foot bikeway/walkway from 7"' Street to Highway 65 along the north side of Bridgewater Drive. Connections to the neighborhood to the north shalf be made to Quincy Street and from Jackson Street. 11.The petitioner shall recognize and be responsible for providing a separate easement agreement where bikeway/walkways are not located within the public right-of-way. 12.A pavement stripe or other readily visible means of identification shall be provided on the surFace of Bridgewater Parkway to allow a pedestrian crossing. 13.The petitioner shall be responsible for maintaining the ground cover and landscaping in the median and the boulevards in the parkway as well as maintaining the landscaped area around Quincy and Jackson Streets. 14.The petitioner shall record an easement /agreement permitting emergency vehicle access on the site including access to fire hydrants. Planning Coordinator Action The Planning Commission unanimously recommended approval of the preliminary plat with the 14 stipulations recommended by staff. City Council Recommendation Staff recommends the City Council approve the preliminary plat with the 14 stipulations listed above, plus an additional stipulation regarding the letters of credit for the public improvements (see cover memo). 15.07 MEMORANDUM DEVELOPMENT DIRECTOR DATE: May 10, 1999 TO: William W. Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Consider Resolution Authorizing Eminent Domain Proceedings Background At the April 26, 1999 City Council meeting, the Council instructed staff to determine if there was adequate public purpose to acquire the Griffith residence at 5675 Quincy Street by eminent domain in order to reconstruct Carrie Lane befinreen Quincy and Jackson Streets. Staff, in consultation with the City Attorney, has determined that there is adequate basis for the Council to initiate eminent domain proceedings. A resolution is attached for Council action. A simple majority vote is required for passage of the resolution. Representatives from Medtronic notified staff on Friday, April 30, 1999, that the attorney for the Griffith's rejected any attempt by Medtronic to make an offer of acquisition. Purpose of Condemnafion It is necessary to reconstruct Carrie Lane between Quincy and Jackson Streets to maintain the existing traffic pattern in the neighborhood. It is appropriate to do so in order to maintain traffic continuity in this particular area of the City and to avoid overly circuitous routes. Further, emergency services and other public services such as snow plowing will be more efficient with the connection as opposed to no connection. The best method to accomplish the connection is to reconstruct the street matching the existing pavement width and construct the street with curve radii which provides the safest turning movement. The existing pavement width of Quincy and Jackson Streets is 40 feet. The existing centerline curve radii of the 16.01 Consider Resolution Authorizing Eminent Domain Proceedings � Page 2 May 10, 1999 existing Carrie Lane at Quincy Street is 75 feet and at Jackson Street is 50 feet. With the realignment of Bridgewater Drive/Lake Pointe Drive, adequate room does not exist to match the pavement width and provide the safest curve radii as well as retaining the house at 5675 Quincy Street. In addition, there would not be room to maintain a bikeway/walkway connection, and provide adequate buffering between the neighborhood and the development. Bridgewater Drive (the current street name for the roadway on the north side of the site) will be reconstructed as a parkway, with a center median and one lane of traffic on either side, except east of the Phase 1 parking ramp it will widen to four lanes (two lanes on either side of the median). The existing road pattern in the Lake Pointe site was designed for a typical suburban office park and was created on the basis of creating a separate area for multi-story office buildings and a separate commercial area near Highway 65. It is proposed that the reverse curve that currently exists (where Lake Pointe Drive and Bridgewater Drive intersect) be removed and Bridgewater Drive reconstructed in a straighter alignment. The proposed alignment of Bridgewater Drive provides a safe, more direct access to the development, and it also reduces the amount space in the site occupied by public streets. The attached plan identified as the "orig�inal plan" depicts the land area if the Griffith house was removed. Approximately 116 feet of depth would exist at the shortest point between the north curb line of the parkway, and the north lot line of the Griffith house. Because of the angle of the parkway, the depth would widen to about 130 feet at Jackson Street. The length of this area measures about 280 feet. If the Griffith house and property is not removed, the available land area to recreate the roadway and other improvements is reduced by 75 feet in depth and about 130 feet in length. Shifting the proposed 40-foot roadway slightly to the south to create 20 feet of area befinreen the north lot line and the north curb line of Carrie Lane could enhance the attached "original plan". A row of evergreen trees could be planted in this area and would still allow for adequate boulevard area for snow storage. In addition, there would be at least 40 feet available south of the newly constructed Carrie Lane to plant two rows of vegetation between it and the bikeway/walkway and the new parkway. A 40-foot roadway width is preferable to the 24-foot road width depicted in Option 2A. The transition of pavement widths in Option 2A occurs at the curve of the road whereas the "original plan" provides more room for a safer curve radius and a matching pavement width. In addition, the 40-foot pavement width provides adequate room for finro lanes of traffic, plus 8 feet of parking area on both sides o� the street. This area is necessary if a car is disabled, or for normal parking activity. The wider pavement width also allows for smoother maneuverability ���° 16.02 'o May 6, 1999 The Honorable Nancy Jorgenson Councilperson Robert Barnette Councilperson Steven Billings Councilperson Ann Bolkcom Councilperson Richard Wolfe Dear Mayor and Councilpersons, I reside with my parents, Edward and Theresa Griffith, at 5675 Quincy St. N.E. My parents have owned this home for nearly 30 years. I am writing to express my concern regarding a possible decision to unnecessarily continue Carrie Lane at 40 feet (ft) between Quincy St. and Jackson St. and relocate it north of its present location which would cause great disruption in my parent's lives. Continuing Carrie Lane at 40 ft. seems unnecessary based on the following: 1. The typical Fridley Street is 30 ft. wide; without parking it is 28 ft. wide, according to Mr. � John Floral, Fridley Department of Public Works. Since the current amount of traffic using Carrie Lane is minimal, it is unlikely that passing cars would meet on this small segment of road (300 ft. long). In the event two cars did meet, they could easily pass each other on a 24 ft. wide Carrie Lane. 2. On April 28, 1999, Mr. Larson of the Fridley Fire Department told me that emergency vehicles do not use Carrie Lane for emergencies in our neighborhood. If an emergency occurs east of Quincy (i.e., Jackson St., 58th), emergency vehicles enter the neighborhood from West Moore Lake Drive. If emergency vehicles need to reach a location on Quincy St. (or west) they enter the neighborhood from 7th St. Mr. Larson mentioned that if Jackson St. became a cui-de-sac and Quincy St. a dead-end, the current emergency response time of three minutes for a medical vehicle and four minutes for a fire vehicle (same time to reach a residence on either Jackson St. or Quincy St.) would not change. 3. District 13 school bus service would not be disrupted with a narrower Carrie Lane, and probab!y wou!d not be a#fected if Quincy St. were to �e deau-ended and Jackson St. Cscame a cul-de-sac. With the former scenario, I was told by the District 13 Transportation that their school buses would have no problem using a narrower Carrie Lane, i.e. at a 24 ft. width. If Carrie Lane were discontinued, District 13 School buses would retain the bus stop on 57th and Quincy. The current bus stop on Jackson would most likely be retained if the width of a cul-de-sac on Jackson St. was at 40 ft. which should enable a bus to turn around. If it were determined a bus would be unable to turn around, the bus stop would move from the middle of Jackson St. to the northern end of Jackson St. (at 58th). 4. Ms. Barbara Dacy mentioned at an earlier meeting where a narrower Carrie Lane was discussed that city snow plowing vehicles would be able to service Carrie Lane if it were a reduced width. I have enclosed letters dated February 15, 1999 and April 30, 1999 from Dr. Robert Baumer, the physician who has treated my mother's depression for over 15 years. I do request that you keep the specifics of my mother's medical condition confidential. In these letters Dr. Baumer describes my mother's severe health conditions and the effect that losing her home would have on her health. I ask that you take this into consideration when making any decision regarding our family home. Medtronic, Inc. has previously done an admirable job of accommodating our family's circumstances and has created a plan which would enable our family to stay in our existing home. I hope that the City will be sensitive to our family's situation and not require us to move. Sincerely, fa�n� ���- fZ. Jayne Griffith cc: r/Fritz Knaak — Fridley City Attorney Joseph F. Kueppers — Attorney Consider Resolution Authorizing Eminent Domain Proceedings Page 3 May 10, 1999 larger plowing vehicles and large Fire trucks. The pavement width of 40 feet would enable the City to maintain the State Aid designation on Carrie Lane; however, it should be noted that the City would need a variance on the curve radii even with the "original plan". There was public testimony regarding the need for adequate screening between the development and the neighborhood. Because of the necessity to acquire at least six additional properties, it is reasonable to expect that a similar buffer as currently exists just west of Carrie Lane be created to minimize the impacts from the development. The "original plan" would create a similar width of land area to plant two rows of 8 to 10 foot evergreens plus omamental deciduous trees or dense shrubbery. Further, "the original plan" creates the flexibility to create another row of trees between the north curb line of new Carrie Lane and the south lot line of the remaining homes. The land area made available as shown in the "original plan" provides the necessary area for the safest way to reconstruct Carrie Lane. Any other option that would leave the home at 5675 Quincy Street would: • create a nonconforming structure • create sharp curve radii of 10 feet • create a mismatch in road widths • create only 4 feet of boulevard on the north side of reconstructed Carrie Lane • Iocate a driveway access at the curve of the roadway • create a roadway design that does not match the typical design of the neighborhood. Recommendation Staff recommends the City Council adopt the attached •resolution authorizing initiation of eminent domain proceedings on 5675 Quincy Street. Attachment M-99-114 16.03 f � ;�� �_� � �'' � i �. : '�� �, C � °pg � _. , �� �,� � 3N 1S NOS�I� d!' I I I I � '�; .� .,\: �'� •.\ �'�: . `��;:: . � �;: ��+: : .\ . \, ,�'\ ',;\ •.\ \ m �'�► ,� : `\ ;::: b M 1 ; �,� ' ' I . � �� . �j� r . � � �� . � ■ . � � � � ' � � a. � 1 � ^ � � r� Z Q J a Q Z � � � � � � �� ; y _. 0 d � � --� -- - -V � � � � ��� ��� ,�— � • �� ��`� _�.. �.. `�� �� ' _�`.� � • t' V � � 4 , � o+� • �. N M C � � � II n = O� � �zw►—? . � .... _ . _d�� "8 _ , � " . _ _ _—..—�—•---.d'I� .9 � M.+�^— —�^r_��.,. a.�. __-- -- . � 15 NOS�l� d/' � � � : :� • N rp: , ' �: ' � � . •� . � � • � s �zw .�N ls ,c �nrinb _ � :� � �� � _r \: •1. �1; i �� � .5,��_r9_...-----•• .............. ........... ^�+d�n =Q��—»--------- — _ '_ _ M 8— 2i� :� ,:. , � "� � r �!' '� 1 � � 1 � � ' i I � � r . Q � ,, :i + � � � , i ' fi� �.I � � '� I � "' [ : � "� �- o � ; 1 �c' �-° °" 7 �r0� Z d p1Z1L1Z95�'OH/15�1I '1.S/Z5�11 66,IZ'- � ;. �, i�� . � :��. !��� ���r r;� y•,f���,i : +:: ;�• � Y� `: • 1 • .� r�r�� � o ¢ .o m ��, ��z 1: �.�.�.�.�. %�,• � � � • •'�� mm , �`:1:� u u , ... :�'� � ? . .�: �. ,: � : � ' ��li��i� . . . . . � • I� f � y � d �: ll ` � m I � �� ' ►.� '' � 4 � 11 . �t � .E � ' I: • � 1 J+ . R ' 1 � I : •� • � ;�. . ' , �. � "� � � � �.1 I� � �� � �� � � �� ��� � d � �� � ! n. � +; � I IS� 1•' 4 6 5 � i � OPTION 2A : � oo ;� $ S'IdY� V�H YVO�� RESOLUTION NO. - 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AUTHORIZING THE ACQUISITION OF AN EMINENT DOMAIN PROCEEDING TO ACQUIRE FEE SIMPLE WHEREAS, Medtronic Inc. has filed land use applications to construct its corporate headquarters on the property generally located at the northwest corner of I-694 and Highway 65; and WHEREAS, as part of the development plans for the headquarters development, existing roadways are proposed to be demolished and reconstructed; and WHEREAS, the new alignment of the road to serve the development eliminates a reverse curve and creates a safe and direct alignment meeting Municipal State Aid standards; and WHEREAS, constructing the road as planned necessitated the acquisition of at least six single family homes, which was done for the benefit of the general public of the City of Fridley by Medtronic, Inc.; and WHEREAS, Medtronic Tnc. made an of�er to purchase the additional property described in Exhibit A; and WHEREAS, Medtronic 'Lnc. has been unable to negotiate the acquisition of the described property in Exhibit A; and WHEREAS, several options to reconstruct Carrie Lane between Quincy and Jackson Streets abutting the property described in Exhibit A have been evaluated; and WHEREAS, the Planning Commission held a public hearing on the matter on April 7, 1999; and WHEREAS, the City Council discussed the matter at its April 26, 1999 meeting; and WHEREAS, public testimony was received as to the necessity to maintain traffic continuity and adequately screen the proposed corporate office development from the neighborhood; and WHEREAS, the reconstruction of Carrie Lane is necessary to maintain traffic continuity in the neighborhood as well as provide a safer traffic pattern than would otherwise be the case; and WHEREAS, there is not adequate land area to reconstruct Carrie Lane to match existing pavement widths and to create safe turning curve radii without acquisition of the property described in Exhibit A;.and 16.06 WHEREAS, there is not adequate land area to provide adequate screening between the neighborhood and the corporate office development without the acquisition of the property described in Exhibit A; and WHEREAS, there is not adequate land area to maintain existing bikeway/walkway connections without the acquisition of the property described in Exhibit A; and WHEREAS, the Council finds the acquisition of the property described in Exhibit A is necessary for the completion of the reconstruction of Carrie Lane in the safest configuration for the health, safety, and welfare, of the general public; and WHEREAS, the City Council of the City of Fridley has determined that there is a need to reconstruct Carrie Lane between Quincy Street and Jackson Street. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the acquisition of said land by eminent dominion pursuant to Minnesota Statutes, Chapter 117; and BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary petition therefore and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City Council or the court. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOTH DAY OF MAY, 1999. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 16s0� NANCY J. JORGENSON - MAYOR EXHIBIT A Lot 16, Block 6, DONNAY'S LAKEVIEW MANOR ADDITION, according to the recorded plat thereof, Anoka County, Minnesota. � �1f . •. � L FRIDLEY CITY COUNCIL MEETING OF � oF MAY 10, 1999 FRIDLEY INFORMAL STATUS REPORTS 17.01