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01/17/1977 - 5675JANET KONZAK ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING JANUARY 17, 1977 THE MINUTES OF THE REGULAR MEETING OF THE FRTDLEY CI?Y COUNCIL OF JANUARY 17, 1977 • f \ f _ � , , �. i ' � � � � 1 I i ' I ' � � ' � � I I i ,� , � ` � I ! � � � � l � ' � ' , , , i � l , I / i ' I I � � 1 ' � � ' ; _ r-_ - \ /; ".__ _ .� ,, ,.""__'_.-_ : � _ "'\-_ ' � _ _-241--- - -; , I THE MINUTES OF THE RECULAR t1EETIPJf, C1F THE FRIDLEY CITY COUPdCIL OF JP.��UA!'.Y 17, 1977 The Regular Meetinn of the Fridley City Council of January 17, 1977 was called to order at 7:38 p.m. by �;ayor Plee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledne of /111e�iance to the Fla�. ROLL CALL: t1EP1BERS PRESENT: P1a.yor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilwor�an Y.ukowski NEMBERS ABSENT: None APPROVAL OF P1INUTES: � REGULAR FIEETIN(; OF DECE�?BER 2'1, 1�76: �10TIOP! by Councilman Namernik to a�prove the r�inutes as nresented. Seconded by Councilman Schneider. Upon a voice vote, all votin;^, aye, Nayor Wee declared the motion carried unanimously. REGULAR MEETTNG OF JANUARY 3, 1977: MOTIO�d by Councilwoman Kuko�vski to approve the minutes as presented. Seconded by Cauncilman Fitzpatrick. Upon a voice vote, all voting aye, t?a,yor f;ee declared the nc*ion carried unanir�ously. ADOPTIOP! OF A(;ENDA: Councilman Schneider statec+ he would like an item added to the ar,enda under "P�e�-t Bus�ness;" that being, "Consideration o° a Se�retary for the Si�n Pro,ject Corrr�ittee." �1QT10N by Councilman Har�ernik to adont the a�enda �Nith t'?e addition as su�gested. Seconded by Councilman Fitznatrick. Upon a voice vote, all voting ave, P1ayor Nee declared the motion carried unanimously. OPEPd FOR.I!M, VISITOf;S: F1r. Gary Boecksler, 7��7 Firwood !�lay, asked if a different sno��i plowin� arran�er�ent could be made for plo��iin� the areas where there are dunlexes and r�ultiole units. 11e explained when his area is �lowed in the earlv r�ornin� hours, it is difficult to have the cars removed from the street at this tir�e. Ptr. Sobiech; Public !•lorks Director, said it would be ouite difficult ta arranoe for snow plowing, as su�gested by Mr. Boecksler, because of the various zonin�s in some areas of the City where you have both sin�le far�ily and r�ultinle units. Ftayor Nee indicated the Cit_y does rotate snow plowinc� in the City so that everyone would at some time be first, and apnreciated !'r. Eoec!;sler's comr�ents. PUBLIC HEARIP�GS: PUBLIC HEARING ON REZOtdIPJ� REQUEST; ZOPlIfJ� ORDINAPJCE A"?FND�tEtdT ZOA �'7f-�7, BY ROBERT SCHROER, TO REZOtJE THE AREA BET!!EEN 77TH AND 7�TH AVEPJUE ntl THE EPST SIDE 0� RANCHERS R(lAn Funr� nn_� rn F7_l • P10TION by Councilman Har�ernik to i�!aive the reading of the Public Hearin� notice and o�en the Public H?aring. Seconded bv Council�vomar. Kukowsl;i. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl,y and the Public Hearing orened at 7:50 p.m. , i I � � � � � I � / � t i ,, �� I \ , � \ � � / / � I � � i ___ , --. �_,� _:-,-��_ .. �.._ �._w�_ _.._.:_ .' � ' , , _ ...__ _.._ __ _.__. _ i } . : _ ._ .__ . _ ,, _ . __ � 242 . , REGULAR COUNCIL PIEETING OF JANAURY 17, 1Q77 PAGE 2 � � t1r. Dici: Sobiech, Public �lorks Director, explained the request is to rezone the area between 77th and 79th Avenue on the east side of Ranchers Road from P1-2 to M-1 7he H-2 zoning requires an acre and one-half v�hich tends to �o toU�ards ownership-type operations. The M-1 zoning requires three quarters on a acre for building, resulting in smaller bui7�ings beinn constructed and separate ownersh?ps on the buildings. f1r. Sobiech explained, at the oresent time, there is a market for smaller type manufacturi;,g f4cilities and facilities constructed in an tt-2 zone would be harder to market. The Planning Cor.xnission at their Oecember 8, 1�76 meetin� recorre�ended approval of this rezoning. � There was discussion on the street pattern for this area �nd P1r. Schroer explained there are several alterna±ives either by installin� a service drive or oroviding cul-de-sacs off of Rancher's Road. There was a question by Councilman Hamernik regarding when the easements would be acquired, and P1r. Sobiech stated that when a particular lot is split, then the easer�ent would be acquired. No persons in the audience spoke fer or against this rezonin�. MOTION by Councilman Har�ernik to close the Public flearinn on the rezoning request by � Robert Schroer. Seconded by Councilwoman Kukowski. Uoon a voice vote, all voting aye, tlayor PJee declared the motio^ carried unanimously and the Public Heari7g closed at 8:07 p.m. PUBLIC HEARING ON REZONIfd6 REQUEST; ZOP�INf, ORDI�IANCE ,4�'EPlD�?F"!T ZOA 1'76-06, BY GEORGET041P� MflTEL, INC., 5600 MAIN STREET; TO REZONE FROf1 M-2 TO C-7.: 410TION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously and the Public Hearing opened at 8:08 p.m. Mr. Dick Sobiech, Public l�lorks Director, exola.ined this re�uest to rezone property from P1-2 to C-2 for construction of a motel comolex. The Planning Commission at their December 8, 1976 meeting recor.mended approval of this rezoning. . Mr. Robert Brokopp, representinc� Burlington Nerthern, Inc., �ointed out the property is owned by Burlington Northern in this area, which consists of approximately 25 acres, and the motel site wouTd comprise abcut �%Z acres. Councilman fitzpatrick voiced concern about the additional traffic which may result on 53rd Avenue, since this is a residential area. Mr. Carl T. George, repr2senting Georgetown P1ote1, Inc., explained their plans are to serve employees of Burlington Northern, as well as the general public, and thay will be using a shuttle bus to and from the motel for the railroad employees. He didn't feel there would be any heavy traffic on P1ain Street and the primary artery to be used would be 57th to P1ain to the motel. • Mr. George explained a feasibility study was dore and the local Chamber of Commerce signified a need for a motel facility in this area. The motel will consist of 100 units with expansion area for an additional 50 units. The City Council questioned if ineetinn rooms would be available at the motel. Mr. George stated, as of now, it is not in the �lan to provide such faciiities. He indicated, however, in talking v�ith the Chanber of Cor,e�erce, he was told of the need for meeting areas and providing this space would be no problem, if it was to their advantage to do so. �1r. George presented photo�raphs to the City Counci� of a similar development to the one proposed in Fridle,y. Ne explained, in addition to the mctel facilities, there would be a restaurant serving breakfast, lunch and dinners, with a seatino capacit,y of approximately 250 persons. P1r. George stated, if the rezonin� is approved, they hoped to begin construction this spring with completion by fall. I ' II ;: � ,/ �� - . # � p � � �, � , I � \ � _ � � ; ' � / � i ' t � _ . i ..___.._..__ . .........}•... ......_..._. .___... . . � � � 243 REGULAR COUNCIL MEETING OF JANUARY 17, 1977 PAGE 3 Mr. Bob Ortlip, representinn Burlington Ncrthern Land Development Corporation, indicated they felt the motel complex would be a good use for the property. He also indicated they were sure the construction would be well done and maintained property and the motel complex would fit into the area as there is corrmercial property adjacent. He stated Burlington Northern Land Development Corporation will endeavor to find uses compatible with the motel as far as development of the rest of their property. Nc other persons in the audience spoke for or against this rezoning. MOTION by Councilman Fitzpatrick to close the Public Hearing on the rezoning request by C,eorgetown P1ote1, Inc. Seconded by Counciltivaman Kukovrski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing was c1osed. Mayor Nee stated normally the City Council does not act on the rezoning request at the time of the Public Hearing; hewever,since Mr. George is from out-of-state, he offered to pnll the Council for their reaction to this item. Mr. George felt this would be helpful to him and would appreciate any comments from the City Council. A71 Council members felt they would be in favor of the rezoning, however, it was suggested meeting rooms be provided and there was some concern with the traffic. Mayor Nee stated, unless input is received from the public which is contrary, the Council's , reaction to this rezoning would probably be favorable. The City staff is to submit the landsca�ing plan and any recommendations for traffic control at the time the Council takes action on the rezoning request. OLD BUSINESS: � CONSIDERATION OF A REQUEST FOR SPECIAL USE PERMI7 SP �76-1n, BY NAEGELE OUTOOOR AOVERTISING COMPANY; 151 OSBORNE ROAD N.E. TABLED 1/3/77 : ' This item was tabled from the January 3, 1977 Council meeting pending an opinion from the City Attorney regarding a moratorium. The City Attorney, Virgil Herrick, stated it is his opinion the Council does have the autharity to declare a moratorium on billboards for a reasonable period of time. He stated in discussing this item with �aegele representatives, they would not oppose a moratorium assuming the time period was not excessive. Mr. Herrick felt, if it was the intention of the Council to impose such a moratorium, that it not be over six months. Councilman Hamernik questioned, if a moratorium was imposed and changes were made in the Sign Ordinance as a result of the report from the Sign Project Committee, would the present request from Naegele come under a newly adopted ordinance. Mr. Herrick answered in the affirmative. � i. I , � I � r �__ MOTION by Councilman Fitzpatrick to impose a six month moratorium on billboards only in the City. Seconded by Councilman Schneider. Mr. Ronald Mielke, representing Naeaele Outdoor Advertising Company, stated as long as the City Attorney has �ontacted Naegele representatives and their attorney, he would have to go along with the motion. The City Attorney felt this matter should be brought back to Council at the end of the six month period for the Council's action regardless of whether changes were made in the Sign Ordinance. UPON A VOICf VOTE, all voting aye, Playor Nee declared the motion carried unanimously. NEW'BUSINESS: • CONSIDERATION OF A SECRETARY FOR THE SIGN PROJECT C0�9MITTEE: MOTION by Councilman Schneider to direct the City Manager to provide a secretary for the Sign Project Committee. Seconded by Councilman Fitzpatrick. There was concern by some of the Councilmembers that tYtis may be setting a precedent. � � � � � � 1 � � �- f ; I � � �.� I \ i 244 REGULAR COUNCIL MEETING OF JANUARY i7, 1977 The City Manager, Nasim Qureshi, felt a distinction should be made on why help is needed; and in this case, secretarial help is needed in order to compTete the report from the Sign Project Committee as soon as possibie because the Council has declared a moratorium on the billboard and quick action is required to develop the revised Sign Ordinance. ; �PA6E 4 � � , i � UPON A ROLL CALL VOTE, Councilman Fitzpatrick, Councilman Schneider and Mayor Nee voting aye; Councilman Hamernik voting nay; and Councilwoman Kukowski abstaining, the motion failed by a vote of 3 to 2. Councilman Schneider questioned if this was budgeted in the Commission's budget. The City Manager explained monies were appropriated for secretarial help to the Commissions and the question would be if the Community Development Corr�nission may use their appropriation to provide secretarial help to their Project Co�ittee, The City Attorney indicated he felt this would be acceptable. MOTION by Councilman Schneider to authorize the City Mana9er to provide a Secretary for , the Sign Project Committee using monies appropriated through the Community Develooment ( Commission's budget. Seconded by Councilman Fitzpatrick. Upon roll call vote, Mayor Nee I Councilman Schneider, Councilman Fitzpatrick and Councilwoman Kukowski voting aye; � CcunciT Hamernik voting nay, the motion carried by a vote of n to 1. i � I Mayor Nee proposed an agenda change to consider Items n, 5 and 6 after Items 7 and 8 on the agenda since there were persons present to discuss Items 7 and 8. MOTION by Councilman Fitzpatrick to change the agenda in order to consfder Items 7 and 8 before Items 4, 5 and 6. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETIN6 OF JANUARY 5, 1977 PAKO PHOTO, INC., SP #76-15; 5267 CENTRAL AVENUE N.E.: , i ; Mr. Dick Sobiech, Public Works Director, explained this request for a special use , permit to allow a film processing drop-off booth in the Skywood Mall Shopping Center at 5267 Central Avenue N.E. � Mr. Toth, representing Pako Photo, exptained they have approval from the shopping center owner and have been in contact with the Ground Round to provide the restroom facilities required. Photographs wPre submitted of the plan for the drop-off booth. r1r. Sobiech felt, with the location suggested by Mr. Toth, the necessary barriers can be put in to design the traffic pattern. MOTION by Councilman Schneider to concur with the recommendation of the P7annrng Comnission and grant Special Use Permit, SP#76-15, to Pako Phcto, Inc. with the following stipulations: (1) Curb and landscape as agreed to and proposed by adminis- tration; and (2) Adequate arrangemeni;s for washroom facilities to meet the code. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ANOKA COUNTY COP+IMUNITY ACTION PROGRAM FOR HOME 41INTERIZATION: Mr. John Collopy, Energy Director,y for the Anoka County Council of Economic Opportuniiy, � Inc., appeared before the Councii regarding the City's participation in a home winter- / � ization program. He exp]ained the County will match funds that the City may provide / i for use in the home winterization program in the City of Fridley. Persons eligible ' for this program are Senior Citizens and lower income families. Mr. Collopy stated ' any contribution from the City will be spent in Fridley and the amount would be matched by the County. � Councilman Hamernik questioned the authority the City has.to use tax money for home ( improvements for private property ow�ers. � I � � �.._ _._. _ _ _T _._. —_.�__ _ __._ .�„ ..�.�f.�_.. ' "�� _ �_.... . .....,.e...�. . .... . � .. . '_ .�.... . _ . . . ..... . . .^ . J / � r � ,.� � � �, I,! � ` ' � + ., \ � � \ \ � �� ; ( � � � � � � � . , � i i , � � I ( i � t 1 , RE6ULAR CQUNCIL MEETING OF JANUARY 17, 1977 245 i PAGE 5 The Gity Attorney stated the Federal and State agencies may have iegislation that authorizes them to use p�blic funds, but did not feel the Gity has any auY.hority to do so. Mr. Herrick indicated he could make inquiries to the League to determine if there is any authority for cities to make such a contribution. Ms. Mary Sallstrom, Director of the Anoka County Council of Economic Opportunity, Inc., stated she believed there is legislation regarding iocal contributions to the Office af Economic Qpportunity and suggested this be checked into. MOTION by Councilwoman Kukowski to table this item to the next meeting with the purpose of having the City Attorney make inquires regarding the legality of such a contribution. Seconded by Councilman Fitzpatrick. The City Manager, Mr. Na.sim Qureshi, suggested the Council may wish to iake action on the item and, if the Council acts favorable to contribute funds, it would 6e subject to the inquiry by the City Attorney on whether or net it is legal. COUNCILMAN Fitzpatrick then withdrew his second and Councilw�man Kukowski withdrew her motion. . MOTION by Councilman Fitzpatrick to appropriate $750 to the home winterization program contingent upon the City Attorney checking the lega7ity. Seconded by Councilman Hamernik. M07I�N by Councilwoman Kukowski to amend the motion to change the amount from $750 to $500. Seconded by Councilman Schneider. Upon a rol7 call vote, Councilwoman Kukowski and Councilman Schneider voting aye; �1ayor Nee, Counciiman Fitzpatrick and Councilman Hemernik voting nay, the motion to amend failed by a vote of 2 to 3. UPON A ROLL CALL VOTE on the main motion, P4ayor Nee, Councilman Fitzpatrick, Councilman Hamernik and Councilman Schneider voting aye, and Councilwoman Kukowski vottng nay, the motion carried by a vote of 4 to 1. CONSIDERAiION OF FIRST READING OF AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH TABLE CONSIDERATION OF JOINT POWERS AND AC,ENCY AGREEMENT BET4IEEN THE CITY OF' FRIDLEY AND THE METROPOLITAN WASTE CONTROL COP1MISSTON: MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance on the first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counciimar. Hamernik to authorize the Mayor and Clerk ta execute the joint powers agreement between the City and the Metropolitan Waste Control Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting a�e, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READIN6 OF AN ORDINANCE Ah1ENDING CHAPTER 113 OF THE CITY CODE OF 7HE CITY OF FRIOLEY ENTITLED REFUSE DISPOSAL: Mr. Dick Sobiech explained this ordinance is to correct the verbage in the refuse ordinance to clarify the requirement for storing refuse in an approved contained. MOTION by Councilman fitzpatrick to waive the reading and approve the ordinance on the first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ,� ____ _ - - — _.._ _ _ . ____ __ _. _ _____ � _ _ � � ,,..______ i , i I ! � _ .` i �� % � � , I . , � 1 ,� �. 246 RE6ULAR COUNCIL MEETINC OF JANUARY 17, 1977 PAGE 6 CONSIDERATION OF FIRST READING OF AN CRDINANCE AMENDING CHP.PTER 115 OF THE FIRDLEY CITY CODE ENTITLED SlJIP1MING POOLS: Mr. Sobiech explained this ordinance is to eliminate the requirement for depth markings on urivate residential swirr�ning pools. He stated private pools do not come with these markings and felt it was not necessary for private pools, but is a requirement far a public pool. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon the first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, t4ayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AIJARDIN� CON7RACT fOR MISCELLANEOUS CONCRETE CURB AND GUTTER AND DRIVEWAY PPROACN RECONSTRUCIION BID OPENING 12J2 J7b : The Council received the bids For removal and replacement of miscellaneous concrete curb and gutter and driveway openings. Two bids were received, one from the Sig Tenold Company, Inc. and one from Halverson Construction Company. MOTION by Councilman Hamernik to award the bid to Halvorson Construction Company. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIUING BIDS AND AWARDING CONTRACT FOR STREET SWEEPER (BID OPENINr, 1J10/77): ; Mr. Sobiech expiained only one bid was received for the street sweeper. He felt � this was a speciality-type piece of equipment and no other company met the specifications, except the Wayne Model 12 distributed by the Road Machinery and Supplies' Comnany. The '' City staff has checked other bids received by various cities throughout the conntry and believe the bid received from Road Machinery and Supplies Company was competitive j and lower than expected. - MOTION by Councilwoman Kul<owski to award the bid to Road Machinery and Supplies Company -,'`'�"' :'7i'or a street sweeper. Seconded by Cauncilman Namerni!c. Upon a voice vote, all votinc� ��. �i aye, �1ayor Pdee declared the motion carried unanimousiy. CONSIDERATION QF CITY COUNNCIL APPOINTMENTS TO COMMITTEES: MOTION by Councilman Fitzpatrick to appoint Councilwoman Kukowski as P1ayor Pro�Tem. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �10TION by Counci7man Fitzpatrick to appoint Councilman Hamernii: as Representative to the An4ka County Law Enforcement Council. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, i�1ayor Dlee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to appoint Councilman Fitzpatrick as an Alternate to the Anoka County Law Enforcement Council. Seconded by Councilrnan Schneider. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unanimously. Mayor Nee questioned if it would be legal to appoint Mr. tdalt Starwalt as a representative to the Suburban Rate Authority. He stated he has talked to 41a1t and he has indicated an interest in this area. The City Attorney indicated he would have to check with the Suburban Rate Authority if this would be acceptabie. The City Manager, Mr. Qureshi, suggested the Council could make the appointment pending acceptability by the Rate Authority. % � MOTION by Councilwoman Kukowski to appoint Mr. Walt Starwalt as a �lember of the � Suburban Rate Autharity and Councilman Hamernik as an Alternate. Seconded by Councitman Fitzpatrick. Upon a voice vote, all voting aye, Piayor Nee declared the motion carried ' unanimously. � � �� k � ; � i � , MOTION by Councilman Fitzpatrick to appoint Councilman Schneider as Representative to the IVorth Suburban Sewer Service Board. Seconded by Councilwoman Kukowski. Upon a voice ' � vOte, all voting aye, Mayor Nee declared the motion carried unanimously, � � � � � _ _._ _�� ._____ ______�.��.__,..�. �,_y.._ . � .�.._ ...�._ _ . � _ . __. ._ . _ � �-.-. . . J � � ,-/ � _ �_�� ; � � � \ �f ` i � �, � � � _� t � � � � i � , !* ,.) � i l � ` � � � � / � �� I � i � I i i � � ) /:. . _ _ .�_. _ _.__.y_._.�.... � � t ��7 . {�r,�LAR COUNCIL MEETING QF JANUARY 17, 1977 PAGE 7 MOTION by Councilman Fitzpatrick to appoint Councilwoman Kukowski as an Alternate to the North Saburban Sewer Service Board. 5econded by Councilman Namernik. Upon a voice vote, a]i voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to appoint Counciiman fitzpatrick as a P1ember of the Association of Metropolitan Municipalities and appoint Counciiwoman Kukowski as an Alternate. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 7-1977 - DESI6NATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUiNORITY- MOTION by Cauncilwoman Kukowski to appoint Mr. Walt Starwalt as a t4ember of the Suburban Rate Authority and Councilman Hamernik as an Alternate. Seconded by Councilman Fitzpatrick. Upon a voice vote, a17 voting aye, Mayor Nee declared the motion carried unanimousiy. APPOINTMENT - CITY EMPLOYEE: NAME POSITION SALARY EFFECTIVE DATE REPLACES Kathy L. Fisette Receptionist/ $625/Mo January 1, 1977 New Position 1b29 1215t Avenue N.W. Typist - Police 6 Coon Rapids, Mn. 55433 Department MOTION by Councilman Fitzpatrick to approve the appointment of Kathy L. Fisette. Seconded by Councilwoman Kukowski. tlpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONfIRMATION OF ELECTED VOLUNTEER OFFICERS OF THE FIRE DEPARTMENT: MOTI4N by Councilwoman Kukowski to approve the elected volunteer officers of the Fire Department. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, CLAIMS: MOTION by-Councilman Hamernik to authorize payment of Claims 18506 through 18689. 5econded by Councilwoman Kukowski. Upon a voice vote, a11 voting aye, Playor Nee dectared the motion carried unanimously. tICENSES: ' MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's office. Seconded by Councilman Hamernik. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. � fSTIMATES: ' Smith, Juster, Feikema Suite 1250 Builders Exchange Bui7ding I MinneapoTis, Minnesota 55402 For Legal Services Rendered As prosecutor during December, 1976 by Carl Newquist � Attorney Fees through December, 1976 for Final Ct�arges in Regard to PERA Lawsuit and District Court Proceedings Relating Thereto - Ronald Haskvitz �leaver, Talle & Herrick 376 East Main Street Anoka, Minnesata 55303 for Legal Services Rendered as City Attorney during DeCember, 1976 by Virgil C. Herrick $1,730.00 $ 845.20 $1,104.00 � � � � � � � � � � I � � I � � i � v 248 I �I , \ 1 � � � � i 0 � j� � 1 ; I { � * d� REGULAR COUNCII MEETING OF JANUARY 17, 1977 FAGE 8 MOTION by Councilman Namernik to approve the estimates as submitted. Seconded by Councilwoman Kukowski. Upon a vaice vote, all votinn aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION Of WAIVER �f FEES - RECREATION ACTIVITIES: Mayor Nee submitted a memo to the Council regarding consideration of waiving participation fees in the City's recreation programs for the minor children of poor families. MOTION by Councilman Fitzpatrick to instruct the City administration to come back with a resolution, in the spirit of Playor Nee's suggestion, for the Cquncil's consideration. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City P�lanager, Mr. Qureshi, stated he would bring back some policies and guidelines for the Council's consideration at the Conference P4eeting or the next Regular h!eeting. ADJOURNt+IENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, a]l voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 17, 1977 adjourned at 11:12 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: 6lilliam �. Nee Mayor MEMO T0: DEPARTMENT NEADS �� ; Following are the "ACTIONS NEEDED". P�ease have your answers back in the f City Manager's affice by Wednesday Noon, January 26, i977. Thank you. � _ _ _ . FRIDLEY CITY COU�JCIL REGULAR MEETI�dG JAfVUAKY 17 1977 7.3� P� M, � 1 PLEDGE OF ALLEGIAPJCE: � I R�LL CALL: ' All Present APP��VAL OF i'�INUTES: � . � REGULAR ��IEET.ICvG, 1JECEMBER Zt�, I.�%C � Approved . � REGULAR MEETING, �ANUARY 3, l�%% � � Approved � ' ADO°TIOiV OF A�EN;�A: ' Item added: Consideration of Secretary for Sign Project Committee Secretary approved using monies appropriated through the Cammunity Develapment Commission's budget. �ENGINEERING ACTION NEEDED: Make arrangements for secretary for Sign Project Committee � OPEN FORUM, VISITORS: � � iCONSIDERATION OF ITEMS i�OT ON AGENDA — IS I�IINUTES) � � � � � i � , I � � REGUL�R ��EETI�G, JANUARY 17, 1977 PAGE 2 PUBLIC HEAKINGS: PUBLIC HEARING �N REZONiNG REQUE5T; LONING ORDINANCE � � AM�N�M�NT ZOA �76-U7, BY ROSERT SCNROER, TO �EZONE - THE AREa F�ETWEEN %%TH AND ��TH AVE�UE ON THE EAST � SIDE OF RA�lCHERS I�OAD �RUM j�I—Z TO i��—l� �� 1- 1 H Pub1ic Hearing closed t�GINEERING ACTION NEEDED: Put ordinance on next regular agenda for first reading � � � FUBLIC HEARING ON REZONI�VG REQUEST; L�NING ORDINANCE �MENDMENT ZOA #%6-�6. $Y GEQR�FTOWN IYiOTEL, INC�, �b�Q MAIN STREET; TO REZ�NE FROM �I-Z TO C-Z. � . � � � _ � � � � .� Public Hearing closed ENGINEERING ACTION NEEDED: Put ordinance on next regular agenda for first readinc � � � OLD BUSINESS: � CUNSIDERATI4N OF A REQUEST FOR SPEc.IAL USE PERMIT SP ��76-14, BY iVAEGELE OUTDOOR ADVERTISING COMPANY; l51 OssoRN� ROAD N.E� �TASLED 1/3/77), , . , . , . , CQUncil declared a six month moritorium on billboards only ENGINEE3tING ACTION NEEDED: 8ring item back to Cauncil after moritorium 1 1 1 ,2-2M ,,,,3-3H i � �� REGULAR MEETING, JAjVUARY 17, 1977 PAGE 3 NEW BUSI�UESS: CQNSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISNiNG AN INDUSTRIAL USER STRENGTH CHARGE IN ADDITION TO THE CHARGE BA5ED UPON THE VOLUME 4F DISCHARGE BY AN INDEJSTRIAL USER AND ESTABLISHING AN INDUSTRIAL. USER STRENGTH CHARGE FORMllLA FOR THE COMPUTATION THEREOF TO RECOVER OPERATION AND MAINTENANCE COSTS OF WA�TE TREATM�NT SERVICES ATTRIBUTABLE TO THE STRENGTN OF THE DISCHARGE OF INDlJSTRIAL WASTE INTO TNE SEWER SYSTEM AND ESTAB— LISHING TAX LIEN AGAIN5T PROPERTY SERVED IN CONNECTION WITH SUCH STREN�TH CHARGE AND CONSIDERATI�N OF �OINT POWERS AND AGENCY AGREEMENT B�TWEEN THE CITY OF FRIDLEY AND THE METROPOLITAN .�,,,,,,,,,,,,,,,,4-�P WASTE CONTROL COMMTSSIOiV� �. ' Ordinance adopted on first reading and agreement approved INANCE ACTION NEE�ED: Put ordinance back an next reguiar agenda for second reading and have agreement executed � � CONSTDERATI4N OF FIRST READING OF AN ORDINANCE jAMENDING CHAPTER 113 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED REFUSE DISPOSAL� � � � � � � � � � � � � � 5 � � ' ENGTNEERING � i '� ENGINEERING �� Ordinance adapted on first reading ACTION NEEDED: Put ordinance back an next regular agenda for second reading CONSIDERATION OF FIRS? READING OF AN ORDINANCE AMENDING CHAPTER �15 OF THE FRIDLEY CITY CQDE � � ENT I TZED SW I MM I NG POOLS � � � � � � � � � � � ' ' ' ' ' ' ` ' 6 Ordinance adopted on first reading ACTION NEEDED: Rut ordinance back an next regular agenda for second reading � � I � . i � ' ' ENGINEERING � , REGULAR MEETING, JANUARY 17,1977 NEW BUSINESS CCONTI(�UED) PAGE 4 RECEIVING TNE MINUTES OF THE PLANNING COMMISSION � MEET I NG OF �ANUARY 5, 1977 � � � � � � � . , � � � � � � � � � % - % K 1. Pako Photo, Inc., SP #76-15; 5267 Central Ave. N.E...... 7- 7 F Planning Corr�n. Recommendation: Approve with . & 7J-7K st�pulations Council Action Required: Consideration of recomnendation Special use permit approved w�th stipulations ACTION NEEDED: Inform Pako Photo, Inc. of Counci7 action iCONSIDERATION OF ANOKA COUNTY CQMMUNITY ACTION . PROGRAM FOR NOME WINTERIZATTON. � � � � � � � � . � � � � � � 2� ' � F � Council approved $75Q for program contingent upon City Attorney checking on 7egality CITY ATTORNEY ACTION NEEDED: Check on iegality . NGINEERING ACTION NEEQED: After hearing fi^om Attorney on legalit�►, i� legal, cheok�with � 'f th ro ram is sponsored by EOC, if it is see that the j �NGIl�EERING � I ENGINEERING i '�� 1 the agency� to see � e p g proper request is given to Finance to send the money to this agency. RECEIVING BIDS AND AWARDING CONTRACT FOR I`�ISCELLANEOUS CONCaETE CURB AND GUTTER AND DRIVEWAY APPROACH RE- CONSTRUCTION (�TD �PENING 12/21/76)� � � � � � � � � . � � � 9 - � � Con�ract awarded to Nalvorson Construction Company ACTION NEEDEQ: Inform Halvorson Construction Company of Council action RECEIVING BIDS AND AWARDING CONTRACT FOR STREET SWEEPER tBID �PENING 1I10/77). � � � � � � � � � . . . � � � la - l� � � Contract ae�arded to Road Machinery and Supplies Company . AC7TON NEEDED: Inform Road Machinery of Council action � . , REGULAR MEETING, JANUARY 17, 1977 NEW BUSINESS (COPdTIi�lUED> � . PA�E 5 CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO COMMITTEES�� . I.1 Appointments made by City Councii TY MANAGER ACTION NEEDED Update records to show the foliowing Mayor Pro Tem: Councilwoman Carroll Kukowski Anoka County Law Enf. Council Repr: Mr. Hamernik, Alt., P�r. Fitzpatrick ' N.S.S.S.B. Rep: Mr. Schneider, Alternate, Ms. Kukowski Assoc. of Metro Munic Repr: Mr. Fitzpatrick;�Alternate, Ms. Kukowski Suburban Rate Authority Rep: Mr. Walt Starwalt; Alternate, h1r. Hamernik , . CONSIDERATION OF RESOLUTION DESIGNATING DIRECTOR AND , ALTERNATE DIRECTQR TO SUBURBAN RATE AUTHORITY� �� IZ " . Resolution No. 7-1977 adopted TY MANAGER _ACTION NEEDED: Forward Resolution to Suburban Rate Authority which shows that Mr. Walt Starwalt was appointed representative and Mr. Ed Hamernik was appointed alternate. � � � APPOINTMENT — CITY EMP�OYEE� � . . � . � � � � � � � � Kathy L. Fisette, Receptionist/Typist, Po�ice Department approved TY MANAGER ACTION NEEDED: Inform Accounting of new full-time employee I� � FIRE: � � FINANCE � Ii . , , 13 CONFIRMATION O��ELECTED VOLUNTEER OFFICERS OF THE F I RE DEPARTMENT � . . , , � . � � � � � � � � � � � � � � l4 Council Confirmed new Officers ACTION NEEDED: Inform officers they have been confirmed by City Council . �LAIMS � � � . � � . . � . . � . � � � � . . . . � . . . � � � 15 � Flpproved ACTION NEEDED: Pay claims as approved REGULAR MEETING, JANUARY 17, 1977 NEW BUSINESS (CO(VTIidUED) PNGE 6 LI CENSES � � � � � � � . � � � � . � � � . � . . . � . . � � � 16 Approved ACTION NEEDED: Issue licenses as approved ESTIMATES � � � � . . � . � � � � � . � � � � � � . � � . � . 1% Approved ACTIQN NEEDED: Approve estimates as approved � � CONSIDERATION OF WAIVER OF FEES — RECREATION ACTIVITIES� �� 12� - lc� �� Administration is work on a proposal for a waiver of fees for certain individuals � ACTION NEEDED: Work out a proposal for guidelines for the waiver of -Fees . under certain conditions, and bring back to the City Council for consideration. pDJOURf� : 11:12 P.M. i� , FRIDLEY CITY COUNCIL MEETiNG I' P�EASE SIGN NAME ApDRESS ANQ ITEM NUMBER INTERESTED IN DATE: January 17, 1977 � NAME ADDRESS ITEM NUMBER ' a=�o==ae=s=__�o==a=o�o_=�aoa=�acox=oca=-=======aa=_c�aa__o_m__C��__aa�ae=aa_a==�_oc-sna==x==^�= �,� ._ . ._ L �F � as� . �c € � t � �2. � �S'-f 1 �� = .> � � vJ -� rc � . �� ..� w..... � � r r ��i ��-y '� / / / ' j T�-f {aI!, l..3'p ,l7 � � � �� ` � ''� " �-- �.-- �-�� ; - �� , r � � , ,� _ - � �� r� � � � � :� � `l � // � Y �G' � c: r� � � GU c��' � � .v �� 1� ,2.e� f'c �.�.Y F� G�2 = ,l�' �'4�ne. .��/ � � �� _ - ,f-•,`� �-- � Ci �I �. f'1 � �� . �i �c �,�c� yy� J��"i e<� '� �� lr!'a �� fl/� a M z � `� �nr � � . / � � � �(� �- /7L1 � �/ � 5�7. i�fc;�'�� ,�. , � a . _- " . ,.� , ' � _ _ , • -. : .:u � �, �� : , _. � `_. ..� . � ,' i �1�''�/k� � � a io � �y _ - --��7 � � . , � :.� - � �� - ��s�,t.; - c�� ` �. cs � . t _ . t r'" _ `• l= '� `�Z (� lii 1 w �7 ' L2 `� "'� �� .��,;�'�-e-,'i� 3 � � � >; % �'�' %% � : � J �. � c�t rvv A g � � � � C a Ui � ' ' ' � ' • , , , _ , , /. ` _ . .� _�. , �_._ � , ..�.._. .�. ,� , , i 4 ( i i � f i . 229� , � � i THE MINUTES OF THE REGULAR MEETINr, OF THE FRIDLEY CITY COUNCIL OF DECEPIBER 20, 1976 The Regular Meeting of the Fridley Cit,y Council of December 20, 1976 was called to order at 7:39 p.m, by P•1ayor Nee. PLEDGE OF ALLEGIANCE: � Mayor Nee led the Council and the audience in sayinp the Piedne of Alleaiance to , the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Hamernik, Councilwoman Kukowski, Councilman Starwalt, and Councilman Fitzpatrick. MEMBERS ABSENT: None APPROVAL OF MINUT�S: REGULAR h1EETING OF DECEMBER 6, 1976: • Councilman Hamernik stated that on pa�e 1 under Old Business in the first motion it should be "as recommended by the Appeals Commission," not Plannin� Commission. Also, on page 4 under PJew Business, the item re4arding Resolution PJo. 118-1976, in the last paraqraph on the page, the second sentence should be deleted. MOTION by Councilman Hamernik to approve the minutes as amended. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinn a,ye, Mayor P�ee declared the motion carried unanimously. ADOPTION OF AGENDA: ` Mayor Nee stated that he wouid iiice an item added to the a�en.da for discussion; that being, "Consideration of One-Way Designation on Lucia Lane." MOTION by Councilman Fitzpatrick to adont the anenda with the addition as suaaested. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: CONSIDERATION OF APPROVAL OF LOT SPLIT REOUEST L.S. #76-12, BY DICK GREGOR; LOCATED OP� 73RD AND 73z AUENUES N.E. TABLED 12/6/76 : Mr. Dick Sobiech, Public Works Director, stated that this is a request for a lot split for a parcel of property alianinn north of 73rd Avenue and south of Onondaga Street. The item was tabled until after the public hearina for consideration of the proposed plat of prooerty directly to the east of the proposed lot split. The Plannina Commission did recorr�nend approval of the lot split with the stinulation that a certain amount of property be dedicated for street purooses in order to maintain and extend the street pattern in the area. He further stated that it should be pointed out that what is proposed in the platting to the east is consistent as to what is beinn recommended for approval of the lot split. Mr. Gre�or was also present to answer or ask an,y questions. �Mr. Sobiech further stated that one of the stipulations of the nro4osed olattinc� was that the owner of the proposed olatted property acquire the necessary easements for the accumulation of the traffic pattern. MOTION by Councilman Starwalt to approve the lot split. Seconded by Councilwoman Kukowski. Uoon a voice vote, all votina aye, Ma,yor P�ee declared the motion carried unanimously. 1 I I � i i � � . i � � . i 230 REGULAR COUNCIL MEETIt�G OF DECEP�BER 20, 1976 CONSIDERATION OF FIRST READINC OF AN ORD FOR STREET AND ALLEY VACATION � PAGE 2 � , ; i Mayor Nee stated there had been a public hearin� reaardinn this. MOTION by Councilman Fitzpatrick to waive the reading and adopt the ordinance on the first readinq. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, � �4ayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FIPJAL PLAT SUBDIVISION P.S. #76-09, DELEIER ADDITION, BY DONALD LEIER, GENERALLY LOCATED IN THE 1500 BLOCK BETWEEN 73RD AVENUE ND NON�AGA STREET I T_ i ; Mr. Sobiech stated that this is the remaininn parcel of property on which there was a public hearing. At the oublic hearing, there were no objections to the proposed plat which would result in a continuation of 73; Avenue to the east and then the extension of ! Lakeside Road. He further stated that althouah the property is zoned R-1 to the north half and R-3 to the south half, at present it is the intention of the petitioner to develop single family. The stipulation from the Planninct Commission is�that the petitioner , contact all remaining property owners reaardin� any additional rinht-of-way that would be required for providing the im�rovement for 73%2 Avenue. P1r. Sobiech �roceeded to show the City Council a sketch on the easel. It was further noted that the front width of the southerty four lots in the R-3 zoned area would only be 72.25 feet instead of , the standard 75 feet. MOTION by Councilman Starwalt to approve the final plat with the variance duly noted and with the following stipulations: (1} the petitioner is reauired to obtain the necessary easements to provide 73a and Lakeside riqht-of-way and (2) that in the event the property is developed into multiple dwellings that all access be off 73rd Avenue residential streets. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL Of FINAL PLAT SUBDIVISION P.S. #76-11, REAL ESTATE 10 ADDITION, BY FRANCIS J. GIRDLER, GENERALLY LOCATED IN THE NE OUADRANT OF I.694 AND HIGHWAY 65 N.E : Mayor Nee stated there was a public hearinq regardin� this and there were no objections. MOTION by Councilman Starwalt to approve the final plat, Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF fINAL PLAT SUBDIVISION P.S. #76-10, INNSBRUCK VILLAGES SECOPJD ADDITION, BY DAt�REL A. FARR DEVELOPPIENT CORP., GENERALLY LOCATED NORTH OF RTH INPJSBRUCK DRIVE AN WES OF THE BL CK FOREST AP R MENTS: Mr. Sobiech stated that regarding the proposed final plat, the petitioner wants to add an additional two structures of townhouses to the already previously recorded Innsbruck � Village plat. He further stated there would be a trade of property from the apartment complex to Innsbruck ViTlage Second so that there is an even parcel of property swapped in order to maintain the existing areas and to allow the construction of the two townhouse structures. Mr. Sobiech stated that another concern was the public walkway system and there is a letter on file which indicates that the developer will maintain and provide the necessary easements. Mr. Nasim Qureshi, City Manager, asked P1r. Sobiech if there were any negative coneerns from Innsbruck North Association. Mr. Sobiech stated there were none that the Planning Comnission was aware of. MOTION by Councilman Starwalt to approve the final plat with the letter of condition regarding the walkway, maintenance, etc., and that the two parcels be combined into one parcel for tax purposes. Seconded b,y Councilman Hamernik. Upon a voi�e vote, all voting aye, P1ayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL_ PLAT SUBDIVISION P.S. #76-05, INNSBRUCK MORTH REPLA vf- CAJI DYIVAR1f11Y YHJJ HIYU JUU�I't VI' rIC1JICK KUHU I�.t.: Mayor Nee stated that they now have a memorandum from the Cit,y Attorney and a letter from the Townhouse Association. • � ' i � _ _ _._ _ _ �_ _ . ._ _ . ' _ _ ; ,' � � � i ' ' i ' �.` � , t ' � , ' REGULAR COUNCIL MEETING OF DECEMBER 20, 1976 231� , � PAGE 3 ! , C MOTION by Councilman Fitzpatrick to receive the memorandur� dated'December 20, 1976 from Virgil G. Herrick, City Attorney, regardinq the replatting of Innsbruck North ! Third Addition. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; MOTION by Councilman Starwalt to receive the letter dated December 19, 1976 from the Townhouse Association, Mr. Jack Lindstrom, President. Seconded by Councilwoman ' Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanimous}y. • ' � I ' � , � � ' ' Mr. Jack Lindstrom, President of the Townhouse Association•stated that he had a statement regarding the aforementioned letter which he proceeded to read. The substance of such letter being the result of a discussion amon� the entire seven member Board of Directors of the Innsbruck North Townhouse Association. He further stated that the Board felt that the decision made by the Executive Committee on September 8th, 1976 did not fully reflect the opinions of the residents directly affected and more importantiy, encroached upon the property already owned by the Association members in the form of common ground. He stated thet in the future, as in the past, they will qive the developer the cooperation needed to complete construction of the area. However, when there arises a situation where the needs of the developer infringe on the lawful riahts of resident member/owner of the Association and all possible compromises fail, then as a Board they must show their first consideration to the people who elected them to protect their investment. . � Mr. Virgil Herrick, City Attorney, then stated that regardinq the memorandum he wrote to the City Council, he essentially wanted to review their authority and obligation as far as replatting and amendments to the oriainal townhouse plan. He further stated that i he has reviewed the Articles and By-laws of the Association and the restrictive covenants ; and he came to the canclusion that the developer could not do what he proposes without the Board of Directors of the Association and the Architectural Control Committee. Therefore, Mr. Herrick advised the City Council that in view of the lack of approval '` of the two aforementioned bodies, the matter should be tabled until such tir�e as the '� developer and the Association can reach an aqreement. He further stated that if tabled, f�' it should be for a limited period of time as well. It should not be for more than two or ' three months. If, however, it is not brouaht back within that period of time, the ` application should be considered void or the Council will at that time consider something � that will put it within a reasonable period.of time. � i I � f ` f ! i 'i � ' I I� _ Mr. James London, 7286 72nd Lane, Minneapolis, stated that he would like to talk with Darrel Farr regarding this and hopes that there is some agreement they can reach with the Board of Directors. Councitman Starwalt asked what the Association's feelinqs were re�arding this and Mr. Lindstrom stated that as mentioned in his statement, they will do everything possible to cooperate with the developer. MOTION by Councilman Starwalt to table the matter for three months with the understandinq that it will return for final action at that time. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COP1MISSION MEETING OF DECEMBER 8, 1976: GEORGETOWN MOTEL, INC., ZOA �i76-06, 5600 MAIN STREET N.E.: MOTION by Councilman fitzpatrick to set the public hearinq for meeting of January 17, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ROBERT SCHROER, ZOA #76-07, BETWEEN 77TH AND 79TH AVE. N.E. ON EAST SIDE OF RANCHER'S ROAD: MOTION by Councilman Namernik to set the public hearinq for meetin� of January 17, -T977.: ��ecor�ded by Councilwoman Kukowski. Upon a voice v�te;.a11 voting aye,.Mayor=_ `.'Nee declared the motion carried unanimously. ROBERT SCHROER, L.S. #76-11, 7875 AND 7895 RANCHER'S ROAD N.E.: Mayor Nee stated that this did not need any action. CITY Of FRIDLEY, SAV #76-07, ROAD EASEPIENT ON TALP1ADC,E LANE AND 75TH WAY: MOTION by Councilman Fitzpatrick set the public hearina for meeting of February 14, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , i � i i f � I ' � � � . _ - �- . ___v._...., _ _..�____...� _...Y_.. �,N_._,�.._.,,. �� _� • 232 _ � ..� ..� � _. � � , _ - � � . � REGULAR COUNCIL MEETING OF DECEMBER 20, 1976 PAGE 4 � � MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission. � Seconded by Counciiman Hamernik. tJpon a voice vote, ai1 votin� aye, Mayor Pdee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING OF DECEP16ER 2, 1976: TOUR OF EARTH SATELLITE FACILITIES (MONTICELLO AREA): Councilman Fitzpatrick sugqested that the Administration arrange a date for the ' proposed expedition and bring the details back to them. A Saturday date for the tour would be arranged. Mr. Qureshi asked if any Saturday would do. Councilwoman Kukowski cortmented that she had not received a calendar yet. 1MOTION by Councilman Hamernik to receive the minutes of the CATV Commission. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVING h1ETROPOLITAN ANIP1Al PATROL SERVICE, INC. CONTRACT FOR 1977: Mr. Qureshi, City Manager, stated that this is a revised contract for patrol services between the Pletropolitan Animal Patrol Service, Inc. and the Citv of Fridley. He further stated that at present, hiAPSI proVides services to fifty-two suburban communities al'ong with the City of Plinneapolis. The present rate for furnishina patrol ambulance is $8.50 and the proposed rate is $8,75; the present rate for boarding any species of animal impounded is $2.25 and the proposed rate is $2.50; the present rate for destroying dogs or cats if $3.00 and that will remain the same; the oresent rate for arobulance service of injured animals is $9.00 and the proposed rate is $10.00; the present rate for services during other than scheduled working hours is $10.00 and the proposed rate is $12.00. ; P1r. Qureshi further stated that all the data has been reviewed and the changes are in line with those costs and services for the City of Minneapolis. MOTION by Councilman Hamernik to approve the contract with the �4etropolitan Animal i Patrol Service, Inc. Seconded by Counciiman StarwaTt. Upon a voice vote, ai1 voting aye, , Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 122-1976 - AUTHORIZING CHANGING THE 1976 BUDGET APPROPRIATIONS 4JITHIN � THE GENERAL FUNQ: Mr. Qureshi stated that basically this has been an extensive voter turnout and it did ` increase the cost of election by $1,500. He then referred to item number two, Police budget, and after reviewinq their. data a little more closely, Mr. Qureshi recommended that the section be deleted; and instead of takin� q2,150, we will only take $150 out of the Public Works P1aintenance budget. � The adjustment of the Naturalist's budget is basically due to the contract that the City has awarded for services. This money would come back to the City. Atso, the CETA monies ' that have been received will be used in these different areas. All of the second section listed on the resolution is CETA money. MOTION by Councilman Fitzpatrick to adopt Resolution No. 122-1976. Seconded by Councilman Hamernik. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. . 123-1976 - AUTHORIZING EXECUTIOP� OF TECHMICAL ASSISTANCE AGREE�IE Mr. Sobiech stated that this is an annual request from the Plinnesota Highway Department which allows the City to ente:^ into an a�reement with the Hiohway Department for any type of assistance the City needs from them throu�hout the.year. MOTION by Courcilman Starwalt to adopt Resolution PJo. 123-1976. Seconded by �ouncilman Hamernik. Upon a voice vote, all votinn aye, Playor P�ee declared the motion carried unanimously. ( . I_ . ___.. . -- — -- _ __ � I i _.i� � , ' � ; � i 233 REGULAR COUNCIL t�7EETING OF DECEMBER 20, 1976 PAGE 5 RECEIVING PETITION N0. 25-1976 IN FAVOR OF IMPROVEMENT APlD PETITION N0. 26-1976 OPPOSED T'� IMPROVEMENT--D LW OD DRIVE: . AND RESOLUTION N0. 124-1976 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ' ESTIMATES OF COST$ THEREOF: STRFFT TMPR(1VFMFNT PR(1.1FCT ST_ 1977-1 AN(] ST_ 1477-9_ MOTION by Councilman Sta nvalt to receive Petition No. 25-1976 in favor of improvement. Seconded by Councilwoman Kukowski. Upon a voice vote, all votino aye, Mayor Nee declared � the motion carried unanimously. MOTION by Councilman Starwalt to receive Petition No. 26-1976 in opposition to improvement. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. . Councilman Starwalt then made reference to the third siqnature on the petition in opposition to the improvement. Mr. Robert B. Tourville's address should be 6379 Dellwood Drive N.E., not 6378 Dellwood Drive N.E. Also, on the map of the area Mr. Tourville's address, � 6379 Dellwood Drive N.E., should be dotted as beinp in opposition to the improvement. Councilman Starwalt further stated that on the east side of Dellwood, lot #1, the cwner of that property is in favor and would siqn anythinQ requested by Staff. He stated that all twenty-five oivners have been contacted either by him or someone else in favor of the project. Those who signed in opposition, he personally contacted and at present; there are thirteen residents in favor of the petition, eleven against. MOTION by Councilman Starwalt to reinstate it into the street improvement project along with Peirce Street and 63rd Avenue and adopt Resolution No. 124-1976. Seconded by Councilwoman.Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � i i ■ ' CounciTman Starwalt then continued to state that at 6450, the owner of that property i originally had signed in opposition but after reviewing the matter and after some reflection, �. he did not want to re-sign in opposition. They likewise did not siqn in favor. Also, , I on the extreme south, the property on the corner for sale, both husband and wife ! ipreviously were in accord and now the gentleman is in favor and the wife is in opposition. � � Councilman Starwalt further stated that he has been accused af having a financial interest � in the matter. He, therefore, stated for the record that "I do not have any financial ' interest at all in this street or any other street and my concern was to try to be fair , and square with all persons to make sure that the people would be represented wholly and � straight forward.° r Councilman Starwalt did comment that Mr. Tourville was present. Mr. Tourville stated that he was not in opposition to the improvement of Dellwood Drive. The only thing that he was not in favor of was narrowina the width of the street and curbs. Also, he was not in favor of setting aside a certain amount of the price that is being charged for the street for repairs on the sewer, if there are any repairs to be made. ' Mr. Qureshi stated that if there are problems with the sewer, the problems are going to I be corrected and the money to do this comes out of the utility fund and not through ; assessment of the people. As far as the street construction, that cost is assessed j against the property. r � • � � � Councilman Starwalt stated that what he told Mr. Tourville was incorrect. He told him that the cost of the project was the correction and repair necessary for underground services. ' RESOLUTION N0. 125-1976 - AUTHORIZING ADVERTISEMENT FOR BIDS FOR A STREET SWEEPER: NbTION by Councilman Starwalt to adopt Resolution No. 125-1976. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i � 0 � � 1 i i � � . ( � t _ _._..1 T� 234 REGULAR COUNCIL P1EETING OF DECEMBER 20, 1976 SOLUTION N0. 126-1976 - AUTHORI2ING AND DIRECTING THE SPLITTING OF PAGE 6 ? ASSESSMEN75 i noTU � I•�vv��avi• ��v ��v��a ��ai�u 1i�IV 1�\�\JUI\Vl�l� Y1LLl�l]LJ. � MOTION by Councilman Starwalt to adopt Resolution No. 126-1976. Seconded by Councilwoman � Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION N0. 127-1976 - AUTHORIZING AND DIRECTINr, TNE SPLITTING OF SPECIAL ASSESSMENTS � ON PARCEL 4860, SECTION 14 AND APPORTIONING INTO ALICE WALL ADDITION: I MOTION by Council Hamernik to adopt Resolution No. 127-1976.� Seconded by Councilman � Starwalt. Upon a voice vote, all votin� aye, Mayor Nee declared the motion carried i unanimously. � RECEIVING RESIGNA7ION--DENNIS L. SCNNEIDER, COM�1UNITY OEVELOPMENT COMMISSION: � MOTION by Councilman Starwalt to receive the resiqnation. Seconded by Councilwoman Kukowski. Upbn a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i i CLAIMS: - � MOTION tiy Councilman Hamernik to pay CTaim No's. i8128 - T8362. Seconded by Councilman � Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried , unanimously. . ESTIMATES: Smith, Juster, Feikema, Chartered j� 1250 Bui1ders Exchange Building , , �;- MinneapoTis, Minnesota 55402 � For Legal Services Rendered as Prosecutor for the � Month of November, 1976 $1,502.50 i Weaver, Talle & Herrick . 316 East Main Street . ; Anoka, Minnesota 55303 � For Legal Services Rendered as City Attorney for the Month of November, 1976 $1,720.66 i MOTION by Councilwoman Kukowski to approve the estimates as submitted. Seconded by ; Counci]man Hamernik. llpon a voice vote, all voting aye, Mayor Nee declared the motion ; carried unanimously. i ' LICENSES: � MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file in , the License Clerk's office. Seconded by Councilman Hamernik. Upon a voice vote, all � voting aye, Mayor Nee declared the motion carried unanimously. I R�CEIVING REPORT ON COMPENSATION PLAN FOR GRADED EMPLOYEES: ' MOiION by Councilman Hamernik to receive and concur. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i CONSIDERATION OF ONE-WAY DESIGNATT�N ON LUCIA LANE: i ' Mayor Nee stated his curiosity about the one-way desiqnation on Lucia Lane in that tt ' appears that the Council never took any action to initiate this. Mr. Sobiech stated that . they were not able to find any specific actions in the Minutes. P4r. Oureshi stated that � there were numerous discussions reaarding this. Mr. Herrick concurred with Mr. Qureshi's I statement. He further commented that initially, the people complained about the traffic pattern in the neighborhood. Mr. Sobiech stated that the consensus from the Po]ice � I � � I . � ---- - - - -----____------ _. ��_ _..._ ___ _ _. � L_� � � REGULAR COUNCIL MEETING OF DECEMBER 20, 1976 �35 , � I PAGE 7 � Department from the people was that it has resulted in a much safer situation. 68th R Avenue does not generate traffic. What generates the traffic is the Knights of Columbus Nall. He further stated that they have contacted the Highway Department and they will study the situation as it presently exists. Mr. Qureshi stated that there is no � question that it is a safer route, however, there is definitely an inconvenience to the people living on Lucia Lane. ` Councilman Starwalt suggested that Staff get the backqround data on this and perhaps � review with the Knights of Columbus and see just what can be done in this regard. , Councilman Fitzpatrick stated that maybe a need could be shown for signalization without having to actually accumulate an accident record. • ' Mayor Nee stated in summary that he was sympathetic with the people living there. � ADJOURNMENT: i MOTION by Councilwoman. Kukowski to adjourn the meeting. Seconded by Councilman Starwalt. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � and the Regular Meeting of the Fridley City Council of December 20, 1976 adjourned j at 9:34 p.m. . � � 1 ,. � , i I I � � Respectfully submitted, Dorothy C. Green Secretary to the City Council Approved: Willaim J. Nee Mayor � I _ ____ i �_J �_J ' , _ ..' .. ; � � � � THE MINUTES OF THE REGULAR MEETINf, OF THE FRIDLEY CITY COUPlCIL OF JANlIARY 3, 1917 The Regular Meeting of the Fridley City Council of January 3, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALIEGIANCE: Mayor Nee led the Council and audience in the Pledae of Alleaiance to the Flaq. ROLL CALL: MEMBERS PRESENT: Ma.yor Nee, Councilwanan Kukowski, Councilman Schneider, Councilman Hamernik, Councilman Fitzpatrick and Councilman Starwalt--out�oinn councilman. MEMBERS ABSENT: Plone _ APPROVAL OF P1INUTES: PUBLIC HEARINf MEETING OF DECEMBER 13, 1976: . P10TION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilwanan Kukowski. Upon a voice vote, all votinn a,ye, Mayor Nee declared the motion carried unanimously. Mayor Nee indicated he was aoing to restructure the a�enda sli4htly to first have the presentation of an award to Councilman Starwalt and then the administration of the oath of office to the newly elected Councilmember. PRESENTATION OF AblARD: Mayor Nee presented a plaque to Councilman Starwalt from the City Council and citizens of Fridley in appreciation and dedication of outstandin� efforts while serving the City as a Councilmember. He stated Councilman Starwalt was conscientious, honest, sincere and hardworkina and his presence on the Council would be missed. � Councilman Starwalt stated he considered it a privileqe to serve the citizens of Fridley. He felt the employees and City staff have done a aood job and encouraqed them to continue this work in the future. Councilman Hamernik stated he appreciated workinc� with Walt and that he has been an inspiration to the Council in many ways. ADP1INISTRATIOPd OF OATH OF OFfICE TO ELECTED OFFICIAL: �1r. Marvin Brunsell, City Clerk, administered the Oath of Office to the newly elected Councilmember, Mr. Dennis Schneider. Mr. Schneider thanked everyone for their help and support and stated he would do his best to be responsive to the citizens of Fridley. ADOPTION OF AGENDA: MOTION by Councilman Hamernik to adopt the anenda as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinci aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Ed Wilmes stated he wished to pay tribute to 41a1t Starwalt, as he felt the Islands of Peace Project procaressed because of 41a]t's wil]innness to listen, and wished him good luck. � � I_,_. - _ � � � ____ �_.._._ _____ _ ____ r. ____ -- - - _ .._ _ — � ' _ __ . --� �_ REGULAR COUNCTL MEETIN6 OF JANUARY 3, 1977 ( OLD BUSINESS: ORDINANCE N0. 628 - STREET AND ALLEY A ION RE�UEST SAV #76-06, BY 237 . � � PAGE 2 ( _ � . , . i" MOTION by Councilman Fitzpatrick to waive the second readinq of Ordinance No. 628 , and adopt it on the second readinn, and publish. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. 4 NEW BUSINESS: ; . CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.W. #76-07, ROTTLUND OAKS. BY � �_ MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planninn Corr�nission and approve the final plat. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 1-1977 - DESIGINATING AUTHORIZED SI(;NATURES FOR THE CITY OF fRIDLEY AND OFfICIAL DEPOSITORIES: MOTION by Councilwoman Kukowski to adopt Resolution No. 1-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 2-1977 - DESIGNATING TIME AND NUMBER Of COUNCIL MEETINGS: MOTION by Councilman Fitzpatrick to adopt Resolution No. 2-1977. Secanded by Councilwoman Kukowski. Councilman Schneider voiced concern that the Parks and Recreation Commission meet on the same night as the Council and felt two public meetings shou7d not be held on one night as it poses a problem for persons wishing to attend both meetinas. Councilwoman Kukowski stated, as she recalls, the 1976 calendar listed the meetinqs for Parks and Recreation on Tuesdays, however, the members chanqed the meeting niqht as Monday was more convenient for them. Mayor Nee suggested Councilman Schneider may wish to place this item on the Council's agenda. UPON A VOICE VOTE taken on the motion, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 3-1977 - DESIGNATION A LEGAL NEWSPAPER: MOTION by Councilman Hamernik to adopt Resolution No. 3-1977. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinc� aye, Mayor Nee declared the motion carried unanimously. This resolution designates the Sun as the City's Official Newspaper for the year 1977. Councilman Schneider questioned if the rates were set by State law and Mayor Nee stated minimum rates are set by State law. Mayor Nee also stated he would like to have all the lenal notices published under one heading and requested the City staff to check on what would be the cost. RECEIVING THE MINUTES OF THE PLANNINC COMMISSION MEETIMG`OF DEGEMBER 22, 1976: NAEGELE OUTDOOR ADVERTISING CO., SP #76-14, 151�OSBORNE ROAU N.E.: Mr. Dick Sobiech, Public Works Director, explained the Planning Commission has recortwnended a moratorium be placed on all new biltboard constructian until the Siqn Ordinance has been reviewed. He stated, as far as the existinp ordinance, it appears the billboard does meet the requirements of the ordinance. The Project � j I � , ' � ' � � ' . _ ._ i .� 238 REGULAR COUNCIL MEETING OF JANUARY 3, 1977 PAGE 3 i � Committee, however, has been reviewing the existinn ordinance for possible � revisions and, therefore, a moratorium was requested by the Planning Commission i. until response is received fran the Project Committee. � The City Attorney, Mr. Virqil Herrick, stated he did not have a chance to look ' � into the moratorium proposal from a legal standpoint and suvqested to the Council, ' � if this is a matter they wish to pursue, to table to the next meeting. i � . ! MOTION by Councilman Fitzpatrick to continue this item to the next regular meeting of January 17, 1977. Seconded by Councilwoman Kukowski. Udon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. Mr. Nicholas Garaffa, 6750 Monroe Street N.E., questioned the nonconforming signs in the City and Mayor Nee stated, as a result of oroceedings a,year ano, some have been removed. Mr. Garaffa felt there should be a lona ranne forecast as to how many siqns could go up. � HUMAN RESOURCES COMPIISSION MEETING OF DECEP1BER 2, 1976: DONATE $160 FOR "BABY" TO ANOKA RED CROSS: Mr. Qureshi, City Manager, stated the Human Resources Commission and Planning • Commission recommended the City Council donate a$160 "baby" (doll on which to practice resuscitation of a heart) to the Anoka County Red Cross and for the City to purchase a"baby" and and "Annie" for use in the Cardiopulmonary Resusitation Program for the Fire Department. The question was raised by the City Council if the $160 is approved for the purchase of a"baby," if it should be kept at the Fridley fire Department or by the Anoka County Red Cross. City Attorney Herrick felt, if the donation of 5160 is approved, Anoka County Red Cross should furnish a statement that i:his device or a comparable one would be used to serve the citizens of Fridley. MOTION by Councilwoman Kukowski to concur with the Planning Commission recommendation and donate $160 to Anoka County Red Cross for purchase of a"baby" contingent upon receipt of a statement from Anoka County Red Cross that it or a comparable device would be used to serve the citizens of Fridley. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. WATER QUALITY MANAGEMENT PLANNINC WORKSHOP: Mr. Jim Langenfeld, Chairman of the Fridley Environmental Ouality Commission and Virginia Steinmetz, President of the League of Women Voters, requested permission from the Council for the Fridley Environmental Ouality Commission to sponsor the 4Jater Quality Management Planning Workshop. The Plannin� Commission has recommended approval. Ms. Steinmetz stated this Workshop would be held at 7:30 p.m. on January 18 in the Community Room at the City Hall. MOTION by Councilman Schneider to concur with the recorr�nendation of the Planning Commission for the Fridley Environmental (luality Commission to sponsor the Water Quality Management Planning 4lorkshop. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COf�SIDERATION Of APPROVAL OF AGREEMENT WITH FRIDLEY POLICE PENSION ASSOCIATION: Mr. Oureshi, City Mananer, exnlained an a�reement has been acceoted unanimously by the Fridley Police Pension Ass.ociation re�arding police pension funds and it is requested that the Council consider approva1 of this aqreement. P1r. �ureshi briefly reviewed the items covered in the anreement. Mayor Nee thanked the City hlanaaer for doinq an excellent job and requested the City Manager to write a letter to the Fridley Police Pension Association thankin� them for their cooperative attitude. � ' 1 i_� � — - ---- �_�._ � REGULAR COUNCIL MEETING OF JANUARY 3, 1977 PAGE 4 MOTION by Councilman Fitzpatrick to approve the anreement with the Fridley Police Pension Association. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. < _ ._.��.� 2�� , ' ' . RESOLUTION N0. 4-1977 - AUTHORIZING ADVERTISEMENT FOR BIDS FOR PORTABLE ELECTRIC GENERATOR FOR EMERGENCY PURPOSES: MOTION by Councilwoman Kukowski to adopt Resolution No. 4-1977. Seconded by Councilman Namernik. Upon a voice vote, ail votinn aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 5-1977 - DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, HAPTf.R 385: MOTION by Councilwoman Kukowski to adopt Resolution No. 5-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 6-1977 - DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEPIENT BQNDS IN CC D NCE 4I H L WS F 1957, CN PTER 385s •MOTION by Councilwoman Kukowski to adopt Resolution No. 6-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENT - COMMUNITY DEVELOPMENT•COMMISSION: Councilman Hamernik recommended Mr, Charles E. Gooder, 7363 Memory Lane N.E., be appointed to the Community Development Commission. There were no further nominations. MOTION by Councilman Hamernik to appoint Mr. Charles E. Gooder to the Community Development Commission. Seconded by Councilwoman Kukowski. Unon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: ' MOTION by Councilman Hamernik to pay Claim No's. 18363 through 18505. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file in the License Clerk's office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl,v. CANCELLATION OF JANUARY 10, 1977, PUBLIC• HEARING MEETING: Mayor Nee stated he and Councilman Fitzpatrick are to attend a meeting in Anoka County next Monday, January 10 which would be the Council meetina for public hearings. The City Manager, Mr. Qureshi, stated no public hearings are scheduled for January 10, therefore, it might be possible not to have the mettin� unless there are other items the Council wishes to discuss. MOTION by Councilman Fitzpatrick to cancel the Council public hearing meeting scheduled for January 10, 1977 as no public hearings have been scheduled. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi stated notices will be posted at the City Hall that the January iQ, 1977 meeting is cancelled. Councilwoman•Kukowski requested that the motion picture on Community Schools be shown at the January Conference Meetinq of the City Council. , ' � , -' ' ' 2 �� REGULAR COUNCIL MEETING OF JANUARY 3, 1977 PAGE 5 ADJOURNMENT: ' . MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman - Hamernik. Upon a voice vote, all votinn aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Councii of January 3, 1977 adjourned at 8:55 p.m. Respectfully submitted, Caro1e Haddad Secretary to the City Council Approved: William J. Nee Mayor 0 .r:�: r OFFICIAL NOTICE CI7Y OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: NOTICE is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, January 17, 1977 at 7:30 P.M. in the Council Chamber for the purpose of: Consideratian of a rezoning request, ZOA #76-07, by Robert A. Schroer, to rezone Lots 5, 6, 7 and 8, Block 2, East Ranch Estates 2nd Addition, from M-2 (heavy industrial areas) to M-1 (light industrial areas), all lying in the South Half of Section 2, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located between 77th and 79th Avenue N.E. on the East side of Ranchers Road N'.E. Anyone desiring to be heard with reference to the above matter may be heard at this tim�. Aub1ish: December 29, 1976 January 5, 1977 WILLIAM J e hlEE MAYOR , � - - -- . � � I � ( ' � Robert Schroer, ZOA �#76-07 � �� I � L. S. #76-11 �� I � ' �. :.r f I � •:� �1� J � � � I •..' I �� '•,, ' ; i � � I y: _,. � ��,,� • � 1 � � �• � � _ _ _ � _ - _ _ .._ � l ` - - - -- - - -- - -- -- �.3 ,_s>�ur.C.EA.rF �.v'.t+'d'!. .sS . ,.s,. , .. � � .�-��, ` ' 11 � •t� � .. i 56/.,�s �9�.f ' �:,. �� , . �- s:o1 �� i � I. 1�. ' S.W. CORNER SEC.2 ' � , . .,. : . . . ti . � , � - _ , . i � � , ��. � �� C , �ti f , � � Bs ,: I ��'� 'X'D III �� . . . :;� ..„•�� .; '�. � � . r�`r • �� . � � . .�•:✓:�i i�,.;,' ;;'' w� • ` } z � +W-, G,,r ,��•. t �� ' � � �i 1' vi � •r �, '. � �' ile� �,l��.�.d�l � a ' �� . . a ,� � � . . *�. �.,��. �.�.� �- � � . �` la � , G�` ,Z �� p �� T� •. �, - . "Pn�� , � ,�.• a Sr A ti�� , Y�_ � � i ��;,. Ro p •'-:�'�:• ��, :�♦ �yl.��r ��.*��.��•:�.. � / I - _ ' '/ �r�� t�' c �" �. � ;�. .��.s. �i �. .�� :�:�::: ,/ � . t.. ,a � �''�'.;i`' '�. _ '�,'.;.,�� •. �` �'i � • y � i s � J:'. � , � :s '.. d �� .��. � ,s c� � ,, � J �, ``{::�'�:..� —� —.A—�—n- —�—,—�---,--- `,,' ��'v ,;. ,rr+�'x�:F°`�.s . «,i.; 83R� AIE�'�F ,� r . . . �B ' ROBI:RT SCHROER ZOA #76-07 r: ' { 8►S T A • WY�OWO:.�D L.AHE : 2oned Res�d�ntial _� V� sc �s: � � � g .�- 0 � Zp,�d k�0ustrial ZoMd � Rssid�r+ . � �, . �. _ � 93 �F� 49_P�R � o .�ORN� C , 6 M�yN�a 2^ � ' �,�l�D Tl N . s � j'' Uldii'Y 1 E ".__j _� z•� HOSPI7A! a . i►� : , �-=- , � , '' -4 : � `— --� - ,,- f: ,� � �l �s a 1T �-- .' r' � } ,� �~+, _ •� . •' _ `_ ' �^"3 �r' � r.� '` :�.,,�� i , „i i„•� .' t a� '�� t TH avE. N E. s •3 +' ;, � < : s , is • C N �:' � ��-� z9 � ; �, '» - f . xe 3 / �'� o� . �LJ � •.Plannin� Commission Meeting - December 8, 1976 Page 10 ta FMC and around the pump house was dedicated to the: City. He f er explained that last year when Sylvania went in they dedicated t;hat st� , so now if sorneone came in and wanted the entire remainder of that�pr'operty where there• were streets projected but not dedicated they coul�_�fr►p all the outlots to�ether and have one big piece that was serve raadways. Mr. Brokopp said that was sort of what they were envis' ing here>; they were trying to develop a plan that would set up the ar�ie type of thing. He added they had agreed with -�he City there woul�ar entry at 57th. �. Mr. LangenSeld statec�-�t if they came up with a development plan, the City would certainl �1-i�ce to see it. Mr. Brokopp stated t,hat he had talked with ' Mr. Sobeic d they were trying,to get something to him. , U� A VOICE VOTE, all voting aye, the motion carried. unanimously. � � � � , � � � � , 2. PUBLIC HEARTNG: REZONING REQUEST� ZOA ��76-07 � BY� ROBERT A. SCHROER: Rezone Lots , , 7 and , Block 2��ast�.Ftar�cn Estates Second Addition, from M-2 (heavy industrial areas) to M-2 (light industrial areas), located between 77th Avenue and 79th Avenue N.E. on the East side of Rancher's Road N.E. Mr. Robert Schroer; Mr. Jerry Paschke; and Mr. Jim Benson� representing Mr.. Paschke, were present. MOTION by Bergman, seconded by Zangenfeld, that the Planning Commission open the Public Hearing on Rezoning Request ZOA ,-��`7b-07 by Robert A. Schroer. Upon a vaice vote, a].1 voting aye, Chairperson Harris declared the Public Hearing open at 8:53. Mr. Boardman shoc�red the Commission a plat plan for the buildings that are beixlg developed in the Ona�aay .Area. He pointed out the four lots that were in question and explained they were presently zoned T1-2 but Mr. Schroer wished them to be zoned rI-1. He explained the rest o.f the property was presently zoned C-2. • Mr. Schroer explained that one reason they wanted to change to r1-1 �ras because they had a potential buyer for�four parcels o.f property. He said there was a more limited building construction in a M-1 than a ri-2, so he didn't think zt would hinder the area. He said he had the builder and the real estate man tiaith him to help answer any questions. Mr. Boardman said he thought there had prev:�ously been some concern as to what �iould happen in this area as far as road layouts, etc. He said the City did have road easement in this area for developmE�nt of these commercial properties. He said he had talked to A�Ir. Schroer a few days ago as to how that would best Ue developed, and he had suggested a cul-de-sac to serve the interior progerties. TSr. Boardman said that at t.hat t:ime he felt that maybe the Uest way would be to keep this as a commercial-tyx�e development with that type of a service road in there. He explained that ii' they put in a cul-de-sac off of Rancher's Road, it would pretty much eliminate any practical commercial use other than maybe an of�ice facility, and also migrut predicate a rezoning 1C � Planning Commission Meetin� - December 8� 197G . Page 11 request to an industrial-type development. Mr. Schroer explained that when the plat was layed out in '?0 or '71 there w�s ari error (he pointed it out on the plat), and it had been discussed by himself, }Ir. Boardman and Yir�. Sobeich. He explained that because of that error they were thinking about the cul-de-sac, and the cul-de-sac could serve the same purpose as the service road, but he wasn'i opposed.to either way. Mr. �ergman asked if lots 1 through � were all presently undeveloped; and Mr. Schroer sai� that was correct. - Mr. Boardman said there was also tl� possibilit,y of expansion by Datsun. He added that he thought at thia time, and depcndin� on the type of layout that went in there, he tiaould prefer to see it remain commercial rathe.� tY�an see any of it go to industrial. He said that the difference betw�en heavy industrial {I�;-2) and lighi industrial (P�S-1) was that the 1•;-2 properties ��ere required on an acre and a half and �;end to go to an ownership-type o�Eration. He said that the requirements on M-1. properties �rere half �rhat th��;� titij�re on M-2, and they tended to be smaller Uuildings. Iie sa.id they also al;tracted growing operations that needed a place to go �o for awhile until they out- grew it. Mr. Boardman said they t-�ould prefer it to stay 2��-2 to get the type of industry t;hat was developing across the street. r!Ir. Bergr�an asked about the allowable uses on P;-2 and M-1, and rir. Boardman rep�_ied the uses t•rere quite similar. He said that some uses in i�i-2 were not allowed in I�I-1, such as very heavy manufacturing. I�ir. Schroer said that M-2 did allow outdoor storage and ri-1 did not, and i�ir. 3oardman commented that on M-2 you could not have outside storage �rithout screening. ;� Mr..Jim Benson oi Thorpe Brothers st�ted he was representing A�r. Paschke, and informed the Commission that T1r. Paschke had built ten buildings in the Onaway Area and only one was a lease building. He stated that all the buildings were zaell-kept a.nd 2�`lr. Paschke had brought in people laho ��:ere ' i long-term businesses and �ood business enterprises. He said that out af a7.1 the buildings that 1�ir. Paschke had built there was only one that had an,y bli�ht around it, and there the oi�mer should be given stricter control. � Mr. Benson stated that the people that irere attracted to this area tirere sma11, growing companiess and the market was for small buildings. He said the first two proposed buildings would be 12,325 sq. �eet each, and P�ir. , Paschke was developing to a 35% densiiy instead of the 1.t0;� allo�,�ed by code. Mr. Benson said that Mr. Paschke had changed tne look of his buildings to almost commercial-looking, and they �ti�ould not look like industr.ial factories. He sho�ed p?iotographs to the Commission, and summed up by saying that this ;, was an opportunity for rir. Paschke to Meet alI the codes, ask for no variances, and develop i�9r. Schroer's land. � rir. Bergman asked what the actual reason was for the rezoning request. He asked if it wasn't true that anythin� Mr. Schrocr could build in a. PS-1 could also be built in a M-2. r1r. Boardr�an replied that the rezoning requesi, was �! � because the type of buildings T�r. Paschke wante�� to build he �aanted to split. Mr. Boardman explained he wanted to have separate ownerships on the buildings� ' �. O lD !� P3.annin� Commissian Meeting - December $, 1976 Page 12 ' lE !� ; , and in order to reduce.the lot area to three quarters of an acre it was necessary to zone it down to M-1. Mr. T3e:r�man commenied that then he wanted the flexibility oi' being able to �ut in a].ower squar.e footage tenant and get better density than he could if it rernained M-2. Mr. Boardman said that was correct, as for I1-2 they ti�ou.ld have to have an ac:re �.nd a half per owner- ship. r1r. Eenson cor�rnented �;hat there wer��n � t any 2��,000 square foot buildings in the whole area, ar�d �,he ma.rket was in the 10 - 12,000 square foot range. He added that he i;hou�;ht ii' it was left as M-2 Mr. Paschke ��ould have to pass and look for another area as he would not go out and build a 2Lt,000 square foot building on pure speculat�_on. � Mr. Bergman said that �rith an industrial building, ii�equently the building got built to a lar�e size with f'leyibility to subdiv�.de the building to - bring in customers of smaller sizes. i�fr. Benson asked if he was eluding to the l�0,000 square foot building with ten bays of IG,000 square feet each. He said that contractors used to build small buildin€;s, but in about�l969 small buildings became uneconomical to build so contractors started building what they called multi-tenant buildings. P•1r. Benson said that people have been leasing these buildings since 1969 a.�^,d now they are tired of having ten companies in one building, they see the rent beirig poured down the drain. and no equity built up, and they have not been able t;o take advantage of d�preciation so they were coiaing out of these buildir.�gs. He stated that these people ��ere now looking for small buildings as they had no control over the parking lot in the multi-tenant buildings or� the lawn being mowed, and they wan�ed pride of ownership and their own name� over the front door. Mrs. Schnabel corrunented that in M-1 and T�1-2 raw mater�ials could be stored outside the building if tYiey were i;otally screened. She asked RTr. Schroer if the intent of the rezoning request'was to sell the entire strip af land or to lease it, and he replied that Mr. Paschke had aptions on the entire parcel of properties. Mr. Boardman stated that one thing that should be cansidered somewhat on this was the layout oi the entire section, and what would be the best way to develop this as far as road patterns in the area. r1rs. Schnabel said that brought up another question. She said that if they were considering going off of Rancher's Road and cu1-de=sacin�, was that plan predicated on the sale of this? She asked if they were going to dedicate land for doi.ng this before they sold the existing properties they had now. Mr. Schroer answered that it would be dedicated before they soZd. � Mr. Boardman said that a lot of this may depend on if Datsun wanted that back property, because if Datsun wanted that property there would be no reason for putting a cul-de-sac 9_n that particular area. Mrs. Schnabel asked if that was done and the propez•ty had to be reduced, if they would � sti11 he within the 3/1-i size for an A4-1 zone. 11r. Sc.hroer said he believed so, and T�r. Boardma,n conuneni,ed that they �,rould have t�� be. � � � Mr. Bergman stated that the s�;reet pattern had been discussed at a previous Planning Conunission meel;ing, and asked if they hadn't gotten involved in a dedication at that time. Mr. Boardman pointed out c�n the plat the 50' and 3Q' that had been dedicated, and P�r. Ber�man commen�:ed thai: he thou�ht they � � � � � , � i Pl�nriing Commission Meeting - December f3, 1976 �� Pa�e 13 � 1F had covered this subject once as far as their though�s.toward street patterns. Mr. I3aardman rrondered if this was t�rhat �;hey want�d o�° if a cul-de-sac pattern would .be more feasible. 1�Ir. Schroer stated that he i;hought i1; would depend � on what went in there, and 1�1r. BergMan agreed �;hat m:_ght be the qualifying factore Mr. Schroer said that they had discussed thE: cul-de-sac, and t:r. Paschke was not opposed to it. . Mr. Boardman said he thought he would like to see a more subsi,antial con�mer- cial development, �.ather t�18R a strip right up the l�ne with f.ronta�� on University; and maybe a secondary comrnercia3 developrnent ti,rithin that area. He stated he f'elt that would be more in keeping with the total compre!�ensive. plan. • Mrs. Schnabel sai.d that she didn't know if Mr. Paschke was planning to rr.a�e any o.f the parking areas joint parkin� lots, assuming he bought the entire strip. She stated that certainly a street going through there would .have some affect on his plans, also. r1r. Paschke said he had no plans �or joint parking, as he didn't think they would need it. MOTION by Bergman, seconded by Langenfeld, that the Planning Commission close the Public Hearing on Rezoning Request ZOA �#76-07 by Robert A. Schroer. Upon a voice vote, all voting aye, Chairperson Harris declared the F'ublic Hearing closed at 9:2�. Mr. Ld.ngenfeld noted that no fee was listed on the rezoning request, and 2�1r. Boardman said there was a$1�5 fee, which had been pa:id. , t1r. Bergman stated he had the impression that the pro�?erty owr�er appar�:itly had planning substantiation for the rezoriing request and he fel�; no quarrel between a transit�_on from M-2 to M-1 to C-2S. � MOTIOII by Bergman, seconded by Langenfeld, that the P�Lanning Cemmission recommend to City Council app�oval of Rezoning Request ZOA ;r76-07 b3- Robert A. Schx�oer: Rezone Lots �, 6, 7 and 8, Biock 2, East �.anch Estates Second � Addit:ion, from P�S-2 (heavy industrial areas) to r7-1 (light industrial areas), located between 77th Avenue and 79th Avenue N.E. on tl-�e East side of Rancher's Road N.E. � LJ � � � � Mrs. Schnahel noted that N1r. Boardman had stated earli.er that he tended to �'eel this should remain ri-2 zoning, and asked i� other� than the concern i'or the nature of the ownership if there were any other ccncerns. Pir. Boardman replied that generally smaller buildings laere built in a M-2 zone with the idea of possible room for expansion. }ie said that with rS-1 there usually wasn'i; room for expansion, so if their business expanded there usually started to be outside stora�e and parking lots started to be used for storing materials� etc. He said tllat this was generally the type of situation they saw in �.he Onawa�r Area. Mrs. Sctlnabel r�sked if the City had given any thought to an overall� plan for �Ghat one strip of lots fii*e throu�h 8 in terms of :its compatibility with the property across Hancher's Road to the West. Mr. Boardman said he thou�ht it wus compatible use; M-1 and NI-2 usually did gei; along as tar as uses of � i � ' �� , � Plr�r�ning Commission Meet9.n�; - Decembcr E3, 197G P��e 1I� property went. He said he thought he would prel'er that where they did have an opportunity i;o develop on a lar�er ��arcel of property where•there was a possibility for expansion on that property, that they go to that type of ' develop:nent. iie stated he didn't ha��e any quarrel w��th the design of Mr. Paschke's buildings; he thought 1°ir. Paschke did a good job and in most cases his tenants were goo:i tenants. i1r. Boardman said another thing about this was there was no room on these properties for outside material screening. He said the propert,y was pretty much taken up by the buildin� and the.parking lot, and when materials started movin� outside there was just no room for screening. � ' . � Mrs. Schnabel askect if it was just eoincidence that c>ne section appeared to be quite well developed and the o�;her portion didn't seem to have very much. Mr. Boardman explained this ti•�as because of soil cond:�tions. Mrs. Schnabel ,said she was just curious because obviously there.hadn�t been a problem developing with I��-2.. . Mr. Bergman stated that he was feelirig just a bit unc.omfortable with some of this discussion. He said he was not sure he could accept that a change in zoning from I•1-?_ to i�I-1 i��ould resu7_t in all the di:f ferences that had been described. Mr. La,ngenfe)_d stated he could see what 1�lr. Bergman was getting at. He said that they were saying in an 2�1-1 there w,3sn�t room for expansion, so now they were going to go to a sma17_er type s�;ruc-ture with room to expand, but; eventually that structure �•rould expand and reach the same category as the ��S-l. Mr. Bergman said he �f�as confused by AIr. La�lgenfeld� comment, and• Chairperson Harris said he understood �M1That P�ir. Langenfeld was driving at but it got confusing bec�.use sometimes they were saying 1✓-1 when they meant M-2� ax�d vice-versa. T4r. Harris explained that if a given company was to move ini;o a building of 12,000 square feet ,and they er.panc�ed to their. maximum limit of �1�,000 square feet, at some point in time a:11 of a sudden 21�,000 square feet would no longer be laxge enough for them and you were right back where you started. NIr. Bo�rdman commented that ther� would be roorri for outside storage instead of just par)cing and building. Mr. Bergman stated that the key distinction he gathe:red betwe.en the two zoning categories was the property o�mers and developer's industrial market � input concluding there is a r�arket for industrial bu;�ers for ownership of 1' 't d size build'n anci the want to be able to get laithin that limited ' , , � . � , a iml e- � g, y size. Chairperson }iarris S31Ci tI13t it was much easier to s��ll or lease a 12,000 square foot building than a 2�.,000 square foot build:ing. He stated that the problem that had arisen in the area with the acre and a half lots was that the people who had built there were not efficiently •asing their land; if some of those companies were to expand they would have a great deal of difficulty as there laas no place for �them to go. He stated that two things entered in: land costs and land preparation costs. Mr. Harris said that if the land was purchased wiien T1r. Schroer could aff�rd to be more reasonable� then the buyer could afford to put a smaller buildin; on that many square feet of land. He added that those particular sites that are built on now axe on pretty reasonably solid ground, so consequently a builder could aff.ord 1G �---� I' , ' Pla.nnin� Commission Meeting - Decernber £3, 197� Pa�e 15 , l I-I �1 � � , , , - to go ��ith a smaller building. rSr. liarris said that on ttie East side of Rancrier's Road the soil condition was such that 7.and preparation was going to be expensive and also because land costs were higher. Mr. Langenfeld asked if there was a,ny problem r�ri_t}i d:raina�e, easements, eta. , and rSr. Boardrnan replied there was no problem. UPON A VOICE VOT�, Bergrnan, Langenfeld, Schnabel and Shea �,�oting aye and Harris abstaining, the motion carried. - Chairperson Ha-rris stated his reason i'or abstaining was because he was a property owner within the area and rrould be affec�ed by this. 3. LOT SPLIT RE�IJEST: L.S. {�7b-11 BY ROBERT 1? . SC1iRQEFt: 5plit oif 1 e Southerly 1 0 feet of Lot ti, Block 2, Last Rancn Es-�,�tes 2r,ci Additio , . to make two building sites� the same being 7875 and 'T895 Rancher's oad N.E. Mr. Robert Schroer, Mr. Jerry Paschke, and P�Ir. Jini Benson were reseni�. . � . Mr. Boardman showed the properties referred to in thE� 101; , lit to the Commission and stated the lot split would predicate tt•ao o:erships for the decelcpment of the building. He explained the lot spl' ti;�cul.d be at the line that would 6o right betiaeen the buildings, so th� e�ould be a bac): to back wall ("0" lot line ). He said he had ori�;in _Lly s�g�;es ted that -Lhe entire thing be shifted 15', but by doing that it :ould make the lot size smaller than the 3/1� acre. He added that this c��u1.d be censistent taith M-1 zoning, and each one tiras somewhat over 3/ acre. .P�1r. B�ardman stated that the squa7e footage needed was 32;670' d there tiaas 31�,655 actual, so it taas in accordance with �*hat was requir . He added that he would still like to see this shifted somewhat to pilc,l�. up more grE:en around, but it would meet the zoning code the way it �`aas set up. Ttlere followed some discussion on various ways to shift his to get more green area, bu�;P4r. Pasclike poin�ed out that the �aay ' i,;as there would l�e room for r�or� par3cir.g if it was required, but if it w s shifted there V:oulc�n't be. He said that the way it sat they could co withir. 5' of the propc:rty line, and I�Sr. Board- man said he ugreed with th points taken. ��hairperson Harris ask hota they were going to get ihe utilities in� and Mr. Schroer replied at the utilities were in. Mrs. Schnabel s�d she would lilce to lmo�,� if the ent��re lot 8 was �oing to be sold to one party or if just the Northerly hal�' was going to be.sold at this ti and the Southerly half not sold if i;his 1ot split was approved. Mr. Pasc} �e said that he would buy t.lie entire lot 8��nd develop the build- in�� rrfl he may have two ot�rners or possibly one. rir:�. Schnabel said her concern was building on the "0" lot line and the problems that might arise wa"t-h that if he was not going to buy the whole lot 8 at once. . ��k � � OFFiCIAL NOTICE CITY OF FRIDLEY PUBLIC HEI�RING BEFORE THE CITY COUNCIL . TO WHOt�1 IT P�AY CONCERN: � ;; ' Notice is hereby given that there vrill be a Public H�aring of the ' Gity Council of the City o-f Fridley in the City Hall at 6431 University � Avenue Northeast on Monday, January 17, 1977 at J:30 P.M, in the Council Chamber for the purpose of; � � , ' ' I Consideration of a rezoning request, ?OA n76-06, by Georgeto��n Motel , Inc. , to rezone -From P�I-2 (heavy industrial areas}, to C-2 (general business areas}, that part of Lot 2, Auditor's Subdivision No. 78, Anoka County, Minnesota,�lyinc� Idesterly of the 6lesterly right-of-way l.ine of P1ain Street N. E. , lyi ng Easterly of the Easterly r•a.i l��ray ri ght- of-tvay 1 i ne of B�url i ngton Pdorthern, Ir�c. , 1yi ng Northerly of the Northerly right-of-way line of I�nters�ate Highway (Vo. 694, and lying Southerly of a line dra��m f�esterly, at a righi angle to the East line of said Lot 2, from a point on said East line di stant 5U7. 60 feet Soutlierly froin the � ��ortheast corner of said Lot 2, except the lJesterly 218.6i feet of the described property, subject to easement to Northern States Po��er Company, a17 lying in the South Half of Section 22, T-30, R-24, City of Fridley, County�of Anoka, �1innesota. Generally located at 5600 h1ain Street N.E., just North of In�ers�ate No. 694 on the tJest side of Main Street N.E. Anyone desiring to be heard with reference �to the abo�e matter may be heard at this time. � Pub1ish: December 29, 1976 January 5, 1977 WILLIAM J. 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' aMC � , \ �o. � �� -1 '� I�2 •,� Ci', ��\ '�r �� S:' - .ti AL , ` • ��\\ �,�„ 5 4 r� t • � "�� \ _ � �` � � NO � �� N' , �' -+_. \\\ . '� - ��R' �}�, •�':.�' 4. � \�. - ;i �' _ A � i1� � � A(fC�� \\\ \��:. � i .. �� - ' - ------ .. ,� : .. ' A�� T lPf�.+�VtMlll.��N —.. -�M1Y 1 . M ' � �� . �� i .. � ('�(�' . � . � . ..... . �-�,J-e�--+--�c-.—' �^ � '@• I �1 � 1 11 .L�J �[�'n� � I�I � NlA�;�__ R !, C 1' $ . .t% � C: c�t A .a�� 6 2C B U R L I N G T O N N O R T H E R N I N C. INDUSTRIAL DEVELOPMENT AND PROPERTY MA,'dAGEMENT DEPARTMENT • FRIDLEY, MINNESOTA ' AREA: OWNERSHIP: 25 acres available. Site can be expanded. Burlington Northern Inc. LOCATION; Within sou�hwest corporate limi.ts of the City of Fridley, � north of Interstate Highway 699:, between Main Street and Burlington Northern main line. TERRAIN: ZONING: UTILITIES: Electricity: Water : Level. industrial Northern States Power Company has three-phase 13.8 KV service. available along the east and south boundaries of the site. A 12-inch high pressure municipal line is in along north boundary of site extending southward along east boundary of site. Sewer: Sanitary - A 6-inch municipal line is located in Main Street alqng east boundary of site. Storm - Natural drainage to catch basin located at Main Street midway between north and south boundary of parcel connecting to storm line. Gas: Minneapolis Gas Company has a 3-inch� 6 pounds-per-square- inch line in Main Street along east boundary of site from a point midway between north and south boundaries extending northward. � TRACKAGE: Industry spur can be constructed from BN trackage along west boundary of site. • HIGHWAY ACCESS: Good access to Intersta�e Highway 694 one block east and one block south via service road. Interstate Highway 694 forms the north half of the 694/494 I:nterstate loop surrounding the Twin Cities, providing direct connection to all U.S, and State highways serving the area. AIRPORT FACILITIES: Minneapolis-St. Paul Internatio:nal Airport is only 35 minutes south via lnterstate 694 and St.ate Highway 100. MSP Inter- national handles commercial fli��hts with the most modern of facilities. St. Paul downtown�,�irport is 20-25 minutes southeast of the Park via lnter:atate 694 and�35E and is � capable of handling small craft including business jets. � Runw.ays are approximately 5,460 feet, 4,500 feet and 4,230 feet. 0 116 �� ' ',F � CITY OF FRIDLL'Y PLANNING COMMISSION MEETING - DECk�IB� B, i976 PAGE 1 C!tLL TO ORDFft t . Chairperson Harris called the meeting to order at 7:3' 1'.I�• ROLL CI�LL : Members Present; Harris� Bergman, Langenfeld, Schnab�:l, Shea Members Absent: Peterson . Others l'resent: Jerrold Boardman, Ci1,y Planner APPROVE PLANNING COP•��?ISSION I�IINUTES; NOVT'�i�IBER 17, 1976 MOTION by Lanbenfeld, seconded by Shea, that the Planr�ing Carnmission minutes af November 17, 1976 be a.pproved as wri�ten. Mrs. Schnabel noted that she had been listed as prese:�t, when actually Mrs. Gabe1 had attended that meeting. . , UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 1. CONTINUED : PU�3LIC HF�RI�dG : REZO�IIdG R�C�UES`t;� ZO��. ��76-06,1 BY G�ORG�:- �'OL•1� ti;OTEL, 1?�C.: Hezone from I�1-2 }leavy ind �i�.TM ar„�as o C-' �general business areas), that part of I,ot 2, A.S, �,�78, lving laesterly . of the inTesi;erly right-of-way line of I�tain Street N.E., lying Easterly of the Easterly railway ri�ht-of-�aay line of Burlington Northern, Inc., lying Northerly of the Northerly right-of-way line of Interstate Hi�h- way �/691�, and lying Southerly of a line drawn Tr1es�,erly at a right angle to the East la.ne of said Lot 2, from a point on said East line distant 507.G0 feet Southerly frorl the Northeast corner of said Lot 2, except the Westerly 218.16 of the described property, subject to easement to Northern States Power Company, the same being 5600 Main S�:reet N.E. Public Hearing open. Mr. Robert H. Brokapp and Mr. Dave A. Oleson were present xepresenting Burlington Northern, Inc.; Mr. Ken C. Nielson was present representing Burlington Northern Land Aevelopment Corp.; and Mr. Ca:rl George was present representing Georgetown Motel, Inc. � � 2D ' 0 1 Plnnnin� Comrnission Meetin� - December �, 1976 � p�ge 2 Mr. $oardman informed the Commission that this was a continuation from the� last meeting, and they did have representatives present from Burlington Northern and B�a L at this meeting to answer any questions they might have. Mr. Robert Brokopp of Burlington Northern stated that the Burlington Northern Land Development Corporation had been formed two years ago to try to develop property compatible with �urlington Northern. He said they had properties in some locations that weren�t specifically industrial, and they felt that they should possibly develop �hose as corrunercial. He explained there were three railroads combined which had large land oi�m ing :interests in various parts of the cot�ntry, anc� tt�ere had to be some tie to get all of these properties managed correctly. 1rlr. Brokopp stated they also had a third division, Resources, which controlled the timber, oil lands, ete.; so the� actually had three real estate departments--property management, Resources, and Burlington Northern T,and Development Corporation. ' Mr. Brokopp said that in trying to do the best they could with their property the situation arose along 2�Iain Street and 69I�. He explained they had " created the Northtown Yard, and it iras thought that pe:rhaps they should � consider putting a motel-type arrangement in to handlE; the crews from Northtown. Mr. Brokopp stated that it never really got to the point where _ they could consider that as a project, but when they were in contact with ' Mr. George with regard to the crew handling facilit� rie saw there would be a need for a facility in the vicinity of East River Road and 69l�. He said the piece of property that seemed to be most advantage�ous was the site that� ' was in question--north of 69� and west of Main S�;reet. He explained it was 2oned 1�1-2, heavy industrial, and tYiey always intended to develop it that way. He said they had the property since 1965, and the reason it hadn't been developed was they were not sure what the plans were ior the Northtown Yard. , He explained it was for that reason �,hey hadn�t been a.ble to develop the property industrial, but they still.planned to. ' , � Mr. Brokopp stated that they had the Land Development Corporation to develop the property because they didn't know how it would work out; they wanted the highest and best use for the property. He explained that with �he�George- town Motel they could see �,�here they coul-d give up a little corner of the .property tiahich wouldn�t.lend itself as well to industrial as to the motel operation. He added that tlley didn't feel the motel o:peration would be incompatible with the adjacent industrial they have �lanned for the rest of the property, and urged that the zoning be changed in this unique situation to accommodate tt�e Georgeto�:*n Motel operation. ' Mrs. Schnabel asked if the property had always been zoned M-2, Brokopp replied�that they had owned the property since 1965 and zoned hf-2 then.. r7rs. SchnaUel asked if he could forese;e in the LJ � ' C' and Mr. it had been future any chance the railroad compa.ny itself would use that property for any other operation or if they were looking for other companies i:o use that property instead. Mr. Brokopp replied they }iad�used it in connection with their operation and were trying to make final plans ior the ��roperty, which was rAther difficult to do. }Ie said the,y primarily would be interested in gettin� other industry on 1;he propert,y. P�rs. Schnabel asked if then there were no major plans #'or that properi;y by the railroad, and Mr. Brokopp said 2E Pla.nning Commiasion Meeting - December a, 1976 pg�e 3 ' . . no, not at the �resent. He eyplained this was in t;he threes� of planning ;, and they were or,1y five years old as a.combined company, and it wasn�t that . easy to formulai;e plans. • � . �' Mr. Langenfeld said tYiat their main concern at the last meeting was the future development of tY�e properties I�lorth of the Geor�ei�own project, and the Commission was hoping the railroad m�.�;l�t have some in�iication as to what :, they intended to do with the remainin,; portion �nd if they had any plans for i;he portion imrnediately �djacent to the Georgetok�� Motel project. Mr. Brokopp replied they had no vnmedi.ate plans, but he w��uld envision some- thing similar to w�at was developed along East River.;Road and 69t� in the ' Southeast corner. . , � ' . , � � � �� , � � ' Mr. David Oleson, also representing Burlington Northern, Inc., sta�;ed they had brochures showing pictures of their property anci;;iving information ori it. He said they t•�ere sen�L to respond to inquiries p:romotin� the property for industrial use, and passed out cc�ies to the Comm:ission. He explained they promoted it ior industrial use a_nd it was their :intention to continue to do that. P�r. Oleson explained tha� the Georgeto��m plan i,ras brought to them by the Land Development Corporatiar., and Burling-ton 2dorthern was basically acquiescent to tl:at request by saying that •this area would not deter from their efforts to lacate industry--at lcast to the best of their judgerr,ent at this time. � ASr.. Bergr�an asked if it was the railroad's intention that tlie land from the proposed Georgeto�m pa-rcel all the way to 61st St�^eet presently zoned . M-2 be developed as M-2, and PSr. Oleson said that �as correct. Mr. Bergnan said he was a bit concerned about the piece betyreen the proposed George- twon parcel and the tracks, �,:zd corruner.t�d that the Cornmission had been a little surprised that the rezoning rea,uest did not ex��and westerly to the tracicage. Mr. Oleson replied that on��of the reasons might be that there was 21wa,ys a need to preserve some area for trackage for new industrial f�cili{;ies, so certain cleara.nce are?s had to be maintained. rir. Brokopp stated that another reason mi�ht be that for years the Highway Department had been unhappy tsith the underpass on 6�4 under their tracks. He explained that underpass had been built to accor��modate Hi�hway 10Q and taas not built to freet•ray standards. r1r. Brokopp said the Highi,ray Df:partment had come to them and said they would like to rebuil_d that bridge to high�.Tay standards, and. the railraoci felt that they shou7.d �rovide a t•�ide enough bridge to put � additional tracks across ther•e. He explained the reason was the trains were increasingly longer with more cars on them, and in order to bring the �'a.ins in it may be necessary to put additior.al tracks along the East side of their present tracks, and that would requize ad�itional rig}it-of-way. I�e further explained that the 21f3.16 fee.t of the parcel of land i�ras predicated for additional right-of--w�y if the bridge on 69� got chan€;ed and a larger one was built. He commentEd that he had no idea where that stood with the state. Mrs. Shea asked if' it t�.adn't been discussed at the last meeting that perhaps Georgetoi,rn might like to pick up that; property later. Mr. Brokopp replied tha1: the original plan for Georgetown was to_have an E:xception of 100', but their operating department didn't think that would be�sufficient to allow the 2F � �1 Plannin�; Commissior� Mc:eting - December f�� 1�76 � Page �1 motel operation to expand. He stated they then disr.overed that property would be needed ior tracl;age, so he thought the width got expanded Horth and South in order to arrange i'or this. . ' Mr. Carl George siated he hadn't knoVm that property would be used for additional trackage for Burlin�i�on Northern, so he t.hought if it was criteria � for the rezoning he ti:ould offer to pick it up. � Mrs. Shea asked if the Georgetawn Motel couldn't go.back, if they would ask ,. for more property�on the side to expar�d. Mr. George replied that they felt • within a tti.ro-year period i;here �rould be a need to� expand, so then they would � have to go to the side or to another location. NLr. Brokopp added that•it , depended on the State Highway llepartment and what they would do, and their plans for the lon�er trains, etc. He explained they were taking this as they went so it wasi�'t easy to answer questions like that. ' , , r-- � L.J � ' �� ' Chairperson Harris asked if the remainder of the land behind the proposed Georgetot�m Motel devel�pment V:ould be similar to the type of operation described in the brochure i�ir. Oleson had passed out. Mr. Oleson replied hopefully, yes, but it was difficult to see what type of proposals would come to them. Mr. Harris said that he was a bit con:fused at this point as they had seen a brochure at tne last Public Hearing ;put out by B.N L that described the use for the remaining property as some�thing else. Htr. Br��k�pp agreed that �aould get confusing, and explained that his company forrred the other company to handle the many, many prc�perties they had that couldnit be categorized as either industrial or operative. He said that while it may seem strange to the Commission that the;T were both advertising for this property, it was really for the good of the company. Chairperson Harris stated he understood that, but Bur.lington Northern was advertising it for one thixi; a.nd B N L was advertising it for something else. He said his question was, "what are you trying to se]'_1 it for?" He read to the Commission the site data brochure by B N. L Develc>pment Corporation which stated the property could be used for office bt�ildings, multi-family, waxehousing, industrial potentia�, etc. rir. Harris :�aid they had two different stories from B N L and Eurlington Northern. Nfr. Brolcopp stated that the prima�y concern was for e�stablishing industry along their lines of growth. He stated that the Land. Development Corporation was formed to handle some of the lands that weren't ��erhaps compatible for either indus-�rial or for operative. P4r. Brokopp explained that.they did get into a cross over on this particuiar property because there were some areas like this Georgeto�m site that could be used better for the motel operation than for the industrial operation. He said they had finally deter- mined that the Geor�;etown site was better for a motel and they were willing to go tha1; route, and the rest they felt should be developed industrial. He added,that they felt that anythin� al�ng rails should not go any other way unless some circumst;ances dictated otl�erwise. He said, however, they did have to think of what was economically best and if ii was found that perhaps an apartment complex would be finar►ciiilly bene�icial, tYiey would be back before tha City asking for that. However, he said, at the m��ment their primary 2G Plannin� Commission A�Ieeting - December f3, iy76 ,� concern was for industrial development of that propert;,�. P�c 5 2 !i Chairper.son Harris said they understood that, bu�; the railroad should under- - stand the City�s position. Iie stated if the Cii;,y iaas -to operate under those circumstances just described, they would get into a r�ishmash of zoning that would borderline spot rezoning. He said that frorn his standpoint he agreed with the Georgetown concept along the hi�r7way an�� the :industrial back� but a strip of commercial, a strip of multi-i'amily, 2. 5t?^l� of ir.dustrial and then another strip o£ commerca.al was not good plarn-ing. He said he saw nothing but headaches as far as traffic patterns, util:ities, and getting along with the adjoining residents. • . Mr. Boardraan pointed out it was the City's prero�at,ive to turn down any future requesl;s for rezoning if it did not follo;�r what t?:e;,T f��lt was a normal process. Chairperson Haxris said that wa� correc�;, but he fel� these things should be stated at the onset of the development. Mr. Brokopp stated this was a desirable property .fo-,.� i��dustrial development, and�the only reason they hadn't developed I�iain S-�reet property was because they were waiting to see how �the Northto::m yard tulned out. He said they had discussed how a motel would be compatible ��ith indust.r:ial property, and had noted that the property itself zaasn�t too visable from the interstate. He expl_ained that Holiday Village shielded most o� it, a�zd people zaere too intent on driving through the underpass to pay Mucn attention t�o it. He stated that if tne motel was located ther� and peo;�le i�ad the chance to • st,ring into the motel. � there would be a lo � of people t'�iat titi*ould be influential in the industrial development, of the area. He added t:nat once they got i.nto �;he area there could be rnore develop;r,ent� and or.e developr,ent could lend itself to another development. r1r. Brokopp addeci ��hat they Ioo�:ed a-t it in the vein that the motel would add �o the development o.f the industrial property, and if industries did get in there the sa�_esmen would possibly be having -Lheir meetings at the r�otel, etc. He said ihat normally they wouldn�t ask for rezoning at,�ay from industrial, but they ti�lere t:rying to be as honest and forthright as possible. Mr. Ken Nielson of Burlington Northern Land Development Corporation stated that what the Conunission had heard so fax was the Burliz�gto;� I�orthern's viewpoint of tahat the property iaas to be used for. He sta�ced the vote i,ras not in on what the remainder of the property would be utilized f��i•. rir. Nielson said that surely the Commission could unders�cnd that B-arlington ATOrthern�s Industrial Development wanted to protect everything along the rai:ls, and he thought that was understandable from the standpoint it was getta.nt lnarder and liarder to locate good property withi.n a respectaUle proximity of the metropolitan area on which to locate industry. He stated that he thought their industrial develo�?ment in Fridley so far had been of �ood qualil;y; but from a corporate standpoint, lookirig at all the facets of the problc�n, they .felt it also had potential for use as commercial, office, warehousin�, �milti-family, etc. He stated that based on their ability to coine iorth witil ,a proposal and submit it to the Board of Directors, this property could be a�vailable to B N. L Devel- opmen�t for other uses besides industrial. � ,� Planning Comrni.ssian Meetin� - December. 8, 1976 ' Pa�e 6� , t . 2I � � '� . � � Mr. TJielson stated that he didn't think that any of the.representatives present would suggest that they intermingle 1ar�d uses alon� Main Street such as having eommercial, industrial and si;ickin� in a few multi-family units. He said ' they thought it was an area that was sensitive and had a number of uses. He stated that on their prop-r.rty betweczz 61st and 6jl� they had multi-family, single-family and commerc�_ul all wii;}�in that area; an�� he thought the key ingredient was hoVr these land uses interfaced. A2r. N:ielson �tated he didn�t think that what they were proposin� as far as the mot��l was spot zoning, and B N L looked at this as the first step in obtaining the highest and best use of the property. He expla:i.r�ed that B N L was in competition with Burlington Nort}�ern's Indu.�trial Devclopr�ent� Departmerzt in findin� a use for the property and finding a developer. Chairperson Harris asked if iir. Nielson felt that all of the potential uses he had listed in the brochure were compatible zoning j'or the area, and P•fr. Nielson replied �here was no firm development for the land. He s�ated the data sheets were just trying to generate interest, anci they didn�t like to come �n and go with a piecemeal development step by st;ep. Mr. Nielson said that the problern was here t11e Industrial Development I)epartment didn't like to part with industrial land in locations such as thi:, because it was of prime concern to them, and they were reluctant to give: B N L more than they needed in an initial first step. He stated they woulcl be making a cohesive effort to have a logical and harmonious usage along AZa.in Street. Mr. Langenfeld said that as far as a business standpoint was concerned and in reference to the two brochures (one light industrial and one general business type zoning), he got the impression that whichever one sold would be the one to go, and then they would be back before the Planning Commission asking for the necessary zoning at that time. Nr. Brokopp said it was alxeady zoned for industrial development, so they wouldn't have to come back before the Planning Commission if it went indtistrial. He said it would be just in the event they t,�eren't able to locate industry tYiere and B�: L was able to locate sorne commercial clevelopment. Mr. Boardman asked if proposals by B N L had to be rev:i.ewed by Burlington � Northern before they would lease tha{, property, and Mr. Brokopp replied yes, Burlington Northern would have the firs-� directive as -to what the property wauld be used for. r � ' ' , Chairpersan Harris aslced �.i' they were selling any port'Lon of this particular tract. Mr. Brokopp replied they dicin�t like to sell it, they preferred to lease, but the way financing was these days they had to sell. He explained it was difficult for them to get a financer for a term lease. Mr. liarris asked how the road situation and uti.lities k*ould be handled in tYie event they did not se11, but leased the rest of the property. Mr. BrokopF� said that was what the,y were trying to come up with now, but it was diffic:ult to plan because they were not sure about t.}�e bridge over 69t� �nd all the oti�er things involved. HQ stated they had been trying to get the plat complete�d that s,ras agreed upon ut the time of the Northtown yard initial construction. He added they had been tryin� to get the thing platted� but the City asked questions about what they were goin� to do with the property behind wha.t they wanted to plat and ttie railraod couldn�t answer that yet. II � . Pl�nning Commis�ion Meetin� - Decembei• B, 197b Pnge 7 _ ' Chairperson Harris asked how the utilities and �:hc internal roadway system for the motel would be handled if the City looked f.av�orably on the rezoning • for George-town. Mr. Georgc ane.wered that they had tw�� entries off of P��ain Str�eet. He said they Imew where the se�rer was and t�a�� gone over this with ' ' Mr. Clark's of!'ice, and had been over the power sei, up with the power comp�ny as .far as transformers and would have total elec �ric :heatint;. i�Ir. Geor�e saici that �rith the proper engineerin� and inspection they could put the ' sew�er in themselves---building those lines and rnai.ntai»ing them, and they would bel��n� to the City. He said they would be in the pub:lic right-of-way. � J•3r. Har:ris asked about going back ir.to the �:roperty itsel:f, and ASr. George replied the,Y would build those lines themselves and maintain `them. fIe said they ', , intended to run the sewer line into the ra.gHt�of-i:ray .a.nd along the 1��est sid�s of r4ain Street to the buildings thenselves, and tlzen go from there � back into the property with the sewer system they��aou:Ld.need to give the . sew��e system to a1.1 the buildings. }ie said it �•�ou1d be the same thing �rith the water system. Mr. Geor�e added the�� were all set with the power compa.ny, and the electrical system was all en�ineered. He sta�ted i;he only thing 1;hey ' might use gas for was the laundry system, but they co�a.ld also go electrical. He :>aid the res� would be all electrical. . 1 Chalrperson Harris asked about the road system in thi,� particular parcel in the event that they found some other users and 1e�sed the lat�d to them. . Mr. Oleson said that mast of their inqui:ies started ��round five acres plus, , so it kTas very feasible it could go for one project on one fi.ve acre parcel. Mr.. Brokopp stated they would come up wi.th a plan, bu �� it depended on ��hat camE; `along. He stated they weren't goin� to do �,n�Tth:�ng thai; would get haphazard, but would get with M�. Boardman and tiaork out a plan that would ' be acceptable. Mr. Langenfeld aslced what tr.e minimum term for a leas4:� agreement was, and ' Mr. Brokopp replied that generally they were cancellable on tnirty days notice. He added that the term could be £rom five years to f'ij.'teen or t�renty. I�Zr. Lan�;enfeld asked if there ti•?ere any kind of clauses in the agreements which � wou]_d give them the right to suddenly decide that they needed the property for their own uses . PZr. Bro!:opp said that there taere times tahen they did neecl tlie property--it didn't happen very often, but it; could. . � � ' f_J ' l� Mr. Bergman stated that he felt a little concerned th�it this process was a bit different from th� norm in that it seemed Mr. Geoz•ge had a plan to build a particular facility on a piece of propertv, and thi�� requires•a rezoning in c�rder for him to do so, ra�;her than a rezoning coming prior to a specific buil.din� plan. He stated they ��ere talking about a pz•operty oFmer's request to rezone the property, and was wondering what el�rient.s were yet incomplete pric�r to the actuality of the construction of the motE�l. Pir. George stated that it had been worked out so the property could be t.ransferred to B K L who could give a lon�-term lease �rhich they needed for� financing. He said all ttie items had been worked out for lon�-term leasir.��, and it would be abou.t a?_5-yesr lease. He added it had been agreed upon between the Legal Depai•tment of B N L and Burlington Northern's attorney�, and the investors were all set, so there was nothing that was left �:o ch.ance. Mr. George stated the feasibility studies had been run and the site plan had been made. 2� Plt�nning Commissfon Meetin� - Decem�er 8� 1976 � Page 8 �, Mr. George stated that in a lot of situations the rez,oning request would be made prior to all of this expense, but they feli; they� couldn't do that on this one. I�e said they felt ever,ythin� had to be wor�ked out prior to them coming before the Plannin�; Commission and as�ing Sor the rezoning. Mr. Bergman asked if he was saying they had a long-te�rm lease signed by both parties and a finanr.ing documrnt signed subject to rezoning approval. Mr. George replied that ti:as correcl;; the documents were made and approved and were just subject to rezonin�. 1�i0TI0N by Shea, seconded by Langenfeld, that the Planning Commission close ' the Public Hearing on Rezoning R�quest ZOA �f76-06 by Georgetwon Motel, Inc. Upon a voice vote, all voting aye, Chairperson Harris decla.red the Public Heaxing closed at 8:35 P.l�i. � Mrs. Schnabel said that since she wasn't at the last m�eting her ]rnowledge of what.preceded was basically what came through the minutes, and she was a little up in the air as to what precisely they wished to do this evening. She said she assumed they wanted to act on the request for rezoning, but beyond that in terms of the rest of �;he property� she was t•rondering if the Commission felt they wanted to take some other action. Chairperson Harris said he didn't lrnow if they could really do anything about the rest o�' the property, but they had wanted to talk to representatives fram BI�L L and Burlington Northern to get their thoughts. rTr. T,ange:nfeld commented that they.:zad wanted to see if there i•:4J some comprehensive pIan so they would . at lease have a general idea of what tiras going to happen. T�Jrs. Schnabel said it appeared that their intent was that they always intended it to be zoned heavy industrial and �hey sti:ll do. She added she thought it would be diificult for the Comriission to make a reeommendation or do anything other ihan act on the request that was before them tonight. Chairperson Haxris said that was correct. Mr. Langenfeld said he wanted to thank the people from Burlington Northern for coming in, and he cauld sae that they did have a plan to establish a trend when they started the Georgetotan project. He s,�.id he wished to make one correction, and noted that it had been indicated :in this evening's discussion that salesmen might be�having meetings at the proposed motel when 2�4r. George had indicated at the previous meeting that there wouldn't be any meeting rooms or convention rooms. MO TION by Langenfeld, seconded by Bergman, that the P:Lanning Commission recommend to City Council approval of Rezoning Requesi;, ZOA #?6-a6, by Georgetown Tlotel, Inc.: Rezone from A4-2 (heavy indusi;rial areas) to C-2 (general business areas), that part of Lot 2, A.S. ��7t3, lying Westerly of the Westerly ri�ht-of-way line of T4ain Street N.E., lying Easterly of the EASterly railtaay xight-of-way line of Burlington Norttiern, Tnc., lying IJortherly of the Northcrl,y right-of-w�y line of Interstate Highw�y ¢�69lt, and lying Souther�y of a line drawn Westerly at a right angle to the East line of said Lot 2, fram a point on said East line di:�tant 507.60 feet Southerly from the Northeast corner of said Lot 2� exc:ept the Westerly 21f3.16 of ti�e described property, suUject to easement to Northern States Power Company� the same being 5600 riain Street N.E. 2K 1 Planning Commission Meeting - December 8� 197b r�g� 9 ' Chairperson Harris said he wished to make a st�temeni; at this point. He said he hoped that before any further advertisements were sent out on . Burlirigton Northern land and before a sign was put up advertising the ' 'property� that they could stop in and take a look <�t the comprehensive " plan and get a feeling of the City as to the direction the City would like to head on that particular parcel. He said he spoke to the particular ' flyer which �lluded to the site alon� East River Road and the proposed development ��hich stated "suitable for strip commere:ial, ofi'ice business, restaurant and rr,ulti-family use." i�'Ir. Harris commented that he did not feel � , ' ' C�� ' ' ' ' , ' ' Ci t that all of those proposed uses were reall,y compatib:Le taith the area. He said he felt that�before a sign was put up some of the railroad. representa- tives should stop in for. a chat'with City Administration and �et a consensus of opinion. ' ' Mrs. Schnabel said that she was a bit concerned abou�t the traffic patterns. She noted that as this area developed the City shoul�i address the traffic flow problern as well as working with the owners of t:he property. She stated she was specifically concerned that they avoid the type of situation they had on East River Road now where proper�;y was sold or rented to a couple of commercial ventures, and they had a real traffic hazard. rirs. Schnabel sa.id she could see the same thing happening in this area because it was fairly landlocked by residential areas and she would very much like to see the City address this problem as well as the property o:�rners, and the time to do this was noFr--before it was too far developed. Chairperson Harris stated th�y had discussed the traff'ic patterns at some len�th at the previous meet�ng, including how the people would get there, from what direction they �:ould come, the �;ype of clientele, etc. T4rs. Schnabel said she understood that but was not concerned with just the traffic generated from the motel but �aas talking about the entire area as it started to develop. She pointed out that right now there ti*ere only two �unnels of traf'fic out to University Avenue, and suggested an alternative plan be made or another access to the area. Mr. Harris pointed out that no one knew cahat iaas going to hapgen-- not Burlington Northern, B N L or the City. He said it could be one large development or five developr.ients of one acre apiece, so "��i�y didn't kno:•r ho�a much traffic would be generated. Mrs. Scnnabel said she agreed, but they had the same problem before and now they had a serious traffic problem as a result of it. 2L Mr. Bergman said he wished to comment that it had been gratifjring to listen to the representatives from 13urlington explain that they had been doing a lot of thin!:ing and planning the best they could, and. they �rere concerned about it. He stated he felt they had a good exchange and he appreciated their thoughts and statements. Mr. Brokopp said he would like to sa�y one more thing; concerning the develop- ment of streets. He said that was somewhat of a prc�blem because the minute they planned the stree�; and layed it out, then they found somebody came alon� and wt�.nted that street area. He explained that in the plat for the industrial center where ��'ickes and those people were, they created street areas but they didn't dedicate street areas. He said they gave the streets outlot numbers for each projected street area, and when Plywood riinnesota went in that was immediately dedicated to the City for stree�t purposes. Mr. Brokopp stated that the next year the road that went from the entry of the development ' Plr�nnin� Commission 1��eting - Deccmber 8, 1976 i � ' Page l0 2 M to FMC and around the pump house was dedicuted to the� City. He further explained that last ycar when Sy].vania wen � in they deciicated t.hat street� so now if someone came in and wanted the entire remai.nder of that property where there• were streets projected but not dedicated they could lump all the outlots to�ether and have one big piece t}zat ►aas served by roadways. Mr. Brokopp said that was sort of what they were envisionin� here; they were trying to develop a plan that would set up the same type of thing. He added they had agreed with the City thc:re would be an entry at 57th. � � Mr. Langenfeld stated that if they came up with a developrnent plan, the City. , would certainly like to see i{;. 1�Ir. Brokopp stated that he had talked with ' Mr. Sobeich and they ��rere trying , to get some�,iiing to him. , I UPON A VOICE V4TE, all voting aye, the motion carried unanimously. � � 2. PUBLIC Hr..ARING: PF7,OiVIT?G Pz�+�U:sST ZOA if76-07 BY PO}3ERT A. SCHROER: Rezone Lats ,, 7 and , BlocK ?_, Eas� t�.anch Estates Second Addit- n, � from P•i-2 (heavy industrial areas ) to P�7-1 (light i:ndustrial areas ) located between 77th Avenue a.nd 79th Avenue N.E. ��n the East si e of Rancher�s Road N.E. ' � Mr. Robert Schroer; 2•ir. Jerry Paschke; and P�ir. Jim Benson, r resenting Mr.,.Paschke, were present. L_J �� r ' ' � L _J � i �� MdTION by B�rgman, seconded by La.ngenfeld, that the P:�fining Commission open the Public Hearing on Rezoning Request ZOA �76 � by Robert A. Schroer. Upon a voice vote� a11 voting aye, Ghairperson Ha is declared the °ublic Hearing open at 8:53. . " Mr. Boardman showed the Commission a plat an for the buildings that are being developed in the Onaway Area. He in�ed out the four lots that were in question and explained they we e presently zoried ri-2 but P�r. Schroer wished then to be zoned ri-l. He exp ained tlie rest oj.' the property was presently zoned C-2. Mr. Schroer explained that on reason they wanted to c:han�e to M-1 was because they had a pete.n�;ia buyer for .four pa.rcels of' property. He said • tYi�e was a more limited ilding construction in a ri-�1 than a M-2, so he didn't think it would h' der the area. He said he hac! �he builder and the real estate man ��ith m to help answer any ques�Lions. Mr. Boardman said �ie thought there had previously been. some concern as to what would happ in this area as far as road layouts, etc. He said the City did have oad easement in this axea for development of these commercial properties. e said he had talked to ASr. Schroer a few days ago as to how that woul est be developed, and he had su�;�es�ed a cul-de-sac to serve the interior roperties. T1r. Boardman said that ai; i;hat time he felt that maybe tho U t. way would be to keep this as a cotnnerci.al-typc development with that type�of a service road in there. He explained tliat if they put in a cul-de-sac of of Rancher's Road, ii: would pretty much eliminate r�ny practical commercial e other tllan maybe an office �acility� t�nd al:.o niight predicate a rezoning 3 CITY OF FRIDLEt PLAPJPIING COP-4�SISSIOPJ P•fEETI�IG - DEC��IBER 22, 1976 PAGE 1 CALL TO ORDE.R : Chairperson Harris called the meeting to order at 7:32 P.P�. ROLL CALZ: Members Present:� Harris, Bergman9 Langenfeld, Peterson, Schnahel, Shea Members Absent: None �Others Present: Darrel .Clark, Community Development Administrator APPROVE PLA,'�P�I�IG CCMMI:':>ION hIINUTES: DECE��:BER 8, 1976 Mrs. Schnabel noted that on page 18, the last sentence iri the second para- grdph should read "He added that most of the applications �rere p:etty cut and dried". Mr. Langenfeld stated that on page 19, the second �entence in the second paragraph should read "he didn't think the E.hvironmental Corrulission should drop the ball...�'; and the last sentence should read "environment" instead of "F7�vironmental". MOTIOPI by Shea, seconded by Bergman, that the Planning Commission minutes of Decc��lber 8, 1976 be approved as corrected. Upon a voice vote, all voting aye, the motion carried unanimously. l. PUBLIC HE�RIrIG:. RE�JUEST FOR A SPECIAL US�' PERi�?IT, SP �76-1l�, NAEGELE OUTDOOt AD'J'r;RTISIPYG COi�IPANY: To allow the construction of' a 10' x 25' billboard, per Fridley City Code, Section 21It.0ia2, to b� located on Lot 5, Revised Auditor's Subdivision ��77, the s;�me being 151 Osborne Road N.E. Ti0TI0N by Bergman, seconded by Shea, that the Plann:ing Commission open the Public Hearing on the request for a Special Use Yermit, SP ��76-lIt by Naege�e Outdoor Advertising Company. Upon a voir.e vote, all voting aye, Chairperson Harris declared the Public Hearing open at 7;37. 1Ur. Ronald L. i�:ielke, representing Naegele Outdoor Advertising was present. � � Planning Comc►ission Meeting - December 22, 197� � ' , i � � Page 2 3 A ADi�1INISTRATIVE STAFF REPORT Sign Location: 151_ Osborne Road N.E. Sign Company; SIGN INFOR�SATION l. 2. 3. 1t . 5• 6. 7. : Naegele Outdoor Advertising Company� Height (25') 25� (greater than 10' above g;round) Area (300 Sq. Ft.) 250 square feet Distance Between Signs (500') , greater than 500' Setback From Street Right-of-way Lines (30') gr�eater than 60' Distance From Street Intersection (500') greater than s00r Distance from R-I Uses (500') greater than 5QG' Condition Status (All I�letal) Metal . zon�ng (c-zs, rt-1, rl-2) rs-2 Conforms to existing sign ordinance; no variances needed. P�Ir. Clark stated that this did meet all the criteria as far as advertising signs or billboards. He explained that this V�ould be located on Osborne c'�oad ,about midway bet:��een the tracks and I�:ain Street an the North side, and North of the St. Paul 6�Iater 6�Torks. Mr. Clark passed out to the Com^�ission copies of Planning Commission minutes from 1975 which discussed several requests concerning existing bill.boards, and explained that those stipulations went to the City Council and the Council approved the Special Use Permits . changing one of the siipu�ations and omittzng one other (i-ter� 2). He pointed out that item 5 stated that t�e permit would run concurrent with the lease, an3 the Council added it would not exceed five years before it should be revie��red again. 2�Ir. Clark inforr~,ed the Commission that all the signs would be reviewed in November of 1980. � rir. Langenfeld asked iohat this sign �ras going to display, and i�r. Mielke said it would be changing every month. He adc�ed there was a lease restriction saying there would be no tobacco or liquor advertised, but it was strictly cor,imercial." ' � ' Cl rrs. Schnabel asked if there were any other billboards along Osborne Road between East River Road and University, and P�fr. Clark replied.there were none on Osborne at all in the City ot FridZey. P•Ir. P�tielke aaded that it was written in the lease that upon sale or developMent of the propert,y the sign would be taken dot�rn. � � � ' , ' � � � � L� �J ' ' � , ' � , � Planning Commission Meeting - December 22, 1976 .- Pa�e 3 � Chairperson Harris asked if this was a double-faced sign, and Mr. 2•lielke replied that was correct. He said it would be bac:�:-to-back, advertising in both directions. t•1r. Fiarris asked what the di�tanr.e �was f'rom the sign to the railroad right-of-�aay, and Mr. Clark said it was approximately lj00'. • Mr. Harris asked how far it was frorn the sign to trie entrance on P•iain Street, and P4r. ttielke said he just knew it was greater than 500'. He added there was a sign on the property at the present time whic h said "For Sale". Mr. Harris asked who owned tnis property, and NIr. Tliell<:e replied Earl Patch. i�r..Harris corrunented there was no way of telling haw large a chunk he had. Mr. Clark noted that lt3512� 4ras .the f'rontage along C�sborne from the railroad right-of-way to his East line, and the sign would t�e sitting in there. rir. Mielke stated the sign t�rould be located 70' from his West property line, so Chairperson Harris figizred ii would be 366' from th.e right-of-way ot the railroad. Chairperson Harris asked about the height of the billboard, and Mr. 2�iielke replied it was 25' to the top of the board and was 15� off the ground. He said the size c�ould be 1(� x 25' � and it caould be a11 steel. He showed the Commission photographs of what it would look like. Chairperson Harris asked about the mansard shown in one of the photographs, and Nir. riielke replied it had been removed at the city�s request and at the advertising company's expense. Mrs. Schnabel asked if there would be lights, and I�ir. I�Iielke replied there would be no illur.►ination as it would be too expensive. Mrs. Schnabel asked what was going to happen to the "ror Sale" sign on the property, and i�Ir. Mielke answered that as far as he knew, it would stay thereo Mr. i•4ielke pointed out that there was a 60� easement by the St. Paul Ldater tiJorks, and over 60' setback off the highway, so they were over double �rhat the required setback was. MOTION by Schnabel, seconded by Langenfeld, that the Planning Corimission close the Public Hear.ing on Special Use Permit P�equest SP {��76-11� by Naegele Outdoor Advertising Company. Upon a voice vote, al:l vating aye, Chairperson Harris declared the Public Hearing clo5ed at 7:53 P.P�i. Nlrs. Shea stated that she would like it in the reco:rd that Human Resources was opposed to any non-conforr►ing billboard in the �ity. She said it was bad enough to give a Special Use Permit to one that �ras in, but even �rorse to put a new one in where there wasn't one. She added she was mandated by her Commission, and she had to oppose this billboard. �Ir. Bergman said he tiaould like to recognize, first ��f all, that the requested billboard did conform in each item to present Fridley code; they had revieU:s in the past where it almost seemed like a rarity. liowever, he continued, he wanted to remind the Planning Commission that there l+l3S a Project Committee assi.gned to reviewing the sign ordinance for the Ci-ty of F'ridley and that comriittee had been working di.l.igently in review of a fairly detailed� lengthy and curzbersrn� ordinance. He pointed out they had been doing this for about ten months and c•rere nearing co:�pletion so that this Planning Commission r►ight possibl3r be reviewing a recor�,rt�endeci ordinance change as Planning Commission rfeeting - December 22, 1976 Pa�e I� early as March or April. Mr. B�rgman said he would feel quite awkward if the Pl�nning Corunission at this time was to approve construction of.another billboard in the City, possibly in conflict with the effort that has been ' going on. For that reason, he said, his view was to��ard suggesting a moratorium on new billboard construction until they received the ordinance review, or at least in this particular case deferrin� this request for a new billboard until the results were received from the Project Com�nittee. Nir. Langenfeld stated he saw wh•at i�ir. Bergman Yras trying to say, but wondered if they didn't have to make their judger�ent on the existing ordinance. Ch airperson Harris said that wasn't exactly true. He explained he had attended a meeting iri Coon Rapids last week and this particular item had come up in discussion with the people from r:etro Council, and there was- a provision in the law that allowed for setting up an interim ordinance or a mnratorium while the present ordinances iaere being re-evaluated. He said that whether or not this would apply to billboards or signs, he did not lmow. He added they hadn�t specifically discussed it in that character� but there was a vehicle for which there could be a:moratorium. Mr. Peterson stated he though� they were stretching the point in terr�s of coming up with a.new ordinance since the Project Co:�nmittee was aoing a study to make a recorrunendation to the Planning Cor�mission �rhich in turn made a recommendation to the governing body. He sa:id the Project Cornmittee was a study committee created by a member Cor�missio:�, artd �men they were talking about revising a code tney were talking abo,at City Council action as only the City Council had the authority to make tne change. Chairperson Harris pointed out that the Planning Commission cou:ld recomriend a moratorium, and the Couneil could decide to place a moratorium ��n a1� signs. Mrs. Schnabel stated that she would like to concur i�rith NIr. Bergnan's tnoughts on this knowing that tne Project Corimittee had been �,;or'.�cing very long and hard on this and has had representatives from advertising compa.nies and representatives from the community on that study corruniitee. She stated she would feel inclined to ask the petitioner to either agree to a tabling of the request until such time that the report is ready from the Project Comrnittee, or if that was unacceptable, request the City Council to declare a moratorium on construction until such time that they had a ehance to review whatever changes were recommended by the Project Committee. Chairperson Haxris stated that he saw one basic problem ��rith this particular application that hadn't been discussed. He stated he felt there t�ras a deficiency in the present signing ordinance because it spoke to distance from intersections, distance from center line of right-of-s�ray, distance from R-1, parks, schools and public lands, but it did noi spealc to distance fror� railroad crossings. Eie said he thougrit if the ordinance was to be looked at from the siandpoint of 500' fror� an intersection (and he assumed that was put in because of safety), then certainly a z•ailroad crossing should be in there. He said he thought it was just an oversight, and added he was tiaondering why 500' was used as distance fror� an intersection. 3C iPlanning Commission Meeting - December 22� 1976 Page 5 3 D � � � C� L� � ' � � � � �1r. Clark stated it was probably chosen because of safety, or spacing could be another reason. Mr. t•Iielke sai� he could ses no problem with safety whatsoever and again pointed out it �rould be 15� off �he ground. Mr. Clark stated the safety concern was not the abstruction of view but distraction, and Prir. Harris pointed out that Amtrak carne through that intersection a`t 70 mph. rir. 2�9ielke stated he would like to return to I:rs. Shea's corr�ment for a moment, and said he agreed about non-conforming signs. He said that in the past the City had passed ordinances and he had to go according to what those ordinances said, and this sign iaas conforming. P�Irs. Shea said she realized the sign was conforming, but didn't agree with the City Ordinance and couldn't back any new billboards in the City. Mr. Langenfeld said that he felt if a moratoriuri was declared, Naegele should have the existing fee carry over to the point when this was.discussed again. Mre Clark agreed. 1�10TION by Bergman, seconded by Schnabel, that the Planning Commission, recognizing there is a Sign Ordinance Project Cor�mittee and ttiat Comr�ittee has been revie�aing the present ordinance for approximately 10 months and is indicating that this body might be reviewing the results of proposed sign ordinance changes �rithin the riarch to April time frame, table the request for a Special Use Permit, SP #76-1l� by Naegele Cutdoor Advertising Company, subject to the receipt and review of the Project Corunittee input. Chairperson Harris stated that a tabling motion t•ras a non-�ebatable motion, and Mr. Bergr�lan said perhaps he should have used the �rord "defer". Mr. Bergman AI�IENDED the i�i0TI0N to change "table" to "defer". Agreeable to Nirs. Schnabel. tir. Mielke stated that he had gone in accordance with tiahat the ordinance said now. He said that the comp�tion date for the sign w�s on or before Decer�ber 31, and if this was deferred to I�Iarch or I`pril his contract would . not b� any good. He noted that the Project Com�nittee had been working on this for ten months already, and said it could possibly be longer than 1�Iarch or April before the study was completed--possibly even a year, and they did have the ordinance as it stood right now. A1r. Langenfeld stated that he personally thought the moratorium would not hold with this particular type of subject. P•Sr. Berg►nan pointed out his motion was nat for a moratorium, but deferring action. Chairperson Harris said he thought that deferring action for three to four � raonths was not a reasonable length of time, in a11 deference to the Project Camnittee. He stated he z•�ould be prepared to act on�this tonight. � � � rlr. Peterson stated that he spoke a�ainst the motion+ fie said it was fine for people on various co,mraissions to be against billboards, and h� Vras sure that in every action that :•ras taken in this City there Vrould be people who were against that particular action. However, he said� there were things . PI�3.nning Commission I�leeting - December 22� 1976 Page 6 3� �oing on in the City all the tir►e, and there was always a compromise in terms of wishes no matter t•�hat happened in any level of government. He said there �ras an ordinance on their books as far as the City t•ras concerned which t�ras to be a guideline in ter:ns of operating. .. He stated that not•r they were saying they did not like the t•ray the City operated so therefore they were going to defer taking action an something in hopes that it would be changed to something they liked better, and from that standpoint he could not support the motion. rZr. Peterson stated they should either deny the petitioner's request and he could take other action, or they should grant it. He added that they could beg the question on any ordinance they had. 1°Ir. Langenfeld said that the petitioner�approached them in good faith on. the basis of the existin� ordinance, and now they were in effect saying "sorry, 3uster, you are out of the picture until somebody nakes a decision". 2•4rs. Schnabel stated she taok exception to that remark because the motion was a recorunendation to tne City Council,.it was not final action on this. She said what they were recommending in the motion was simply that the � City Council itself deelare a moratorium on any further billboard construe- tion until such time the ordinanc� has been reviewed. She said they were not sayin� '�sorry, Buster'r, but trere saying this was the recoru:�endation and the City Council could either agree or disagree. P-irs. Shea stated that the petitioner was correct in that this ordinance ��ould not be finalized until a yeax from noi,r as it would take that long for it to go through channels, have all the Commissions review it, etc. She stated she would st:ill vote against it, but they did nave an ordinance �ot�r that she thought they had to rn�ke a decision on. I�ir. Bergman said that he had mixed emotions on this as the petitioner did come in good faith and was conforraing ta the ordinance. He said he taould like to talk a bit about the approach to the sign ordinance, and he thought there were at least tti�ro approaches. He stated he didn't really knoV� if there irere members on the Commission who were flat�.jr against signs, but he thought the Corunission looked at this in a couple of different vie��s. i�ir. Bergman stated that one line of thought said that signs were important for local businessmen to advertise their business, as being different from a billboard wnich was not benefiting a local businessman directly. He said that Naegele and other similar companies were in the business of maving incor�e from putting up billboards, as opposed to a small local �usinessmen putting up a sign to a�Ltract business to his shop� so there was some distinction. He stated that again the :aord �tmoratorium�� had come up, and explained that the motion did not pxovide for a moratorium. He said if they i,ranted to consider that as a second motion, that would be more proper. P4r. Miellce said that their signs were requestecl by the people in Fridley, such as Kennedy Transmission, P•icDonalds, Northtoi�•n, etc. FIe said the people emphasize that they do need the covera�e in Fridley. UPON A VOICE �IOT�, Bergman, Schnabel and Shea voting aye, H�rris and Peterson voting nay and Langenfeld abstaining� the motion carried 3- 2. A�r. Langenfeld said he abstained because he would rather see the'Commission vote directly.toward the petition that was before them, and also because Plannino Commis�ion t�:eeting - Decernber 22, 1976 page 7 he didn't �'eel tney cou?d really do this i� accordance Vrith the existing sign ordinance. • 3�Sr. Clark suggested that there mi�ht be a time limitation on ho�r long the Comriiss9_on could �ef'er action, as there �ras on rezoning (60 days). He thou�ht Special Use might have the same length of time, and he thougnt it was unreasonable to defer action for a,year. T�irs. Shea said she had the feeling this would force City Council to make a decision. P-ir. Clark read to the Coru�ission fr�rt the City .Ordinance tiahich said they would have to approve or deny the request within sixty da;�s. i�irs. Schnabel said she�thought.the point was this may not be the only request that c ame before them within tne next fe�a months. MOTION by Bergman, seconded by Shea, that the Planning Com��ission recornmend to City Council that a noratarium be placed on all ne�r billboa.rd construction within the City of Fridley until such tirne that the present sign ordinance has been adequately reviewed. � l�ir. Langenfeld stated he was still wandering if they could actually.do that. Chairperson Harris said they could ma'.�ce the recoramendation and Council would then have to research the situation Vrith their legal staff and they had the final say on it. i�e added that there itias a vehicle �rithin the law whereby they could declare a moratoriuM. P�Ir. 2�4ielke questioned the rnoratorium, anci stated they did have the ordinance at present and he Vras proposing a conforioing sign. i�ir. Langenfeld said he �rould like to make a stat�ment that had to do Frith the City Attorney's memorandum on Special Use Permii;s. He said he realized they were not talking about Special Use Permits directly in this motion, but it did center around the whole discussion. He read from page 2"The Planning Commission must draft findings and report the same to the Council indicating its recommendation as to approval or denial and specifying what, if any, conditions are necessary regarding features of the proposed use of the building". Mr. Bergman said he would like to refarence back to �1r. Clark's statement that the Council must take action wi th�n sixty days. He said he didn't think that was quite as �lean as the implication, because deferring, in a legal. sense, may be cons dered taking action on the item. He added that no �,rhere in the ordinanc� did he see discussions on under what conditions deferments could be made and he knetia that �,,ras a common alternative. I;r. Bergmar, said he was not attorney either, but when sonabody said "take action", he would questi n z�rhether or not a def'erment wouldn't qualify as 1:aking action. Chairper on :iarris.said he didn't think so. He said he thought the intent of th� ordinance was either to approve it or deny it. 1 rirs. Schnabel said that �he z�rould like to su��;est that one of the tha�t the City Council ha. in aaai.tion to approvin� or deny�.ng 4:as it. She sa.id that she t.�jiougtit they were beggin�; the question by � , :3F alternatives to table jumping to � If � �� i � Planning Commission I��eetino - December 22, ].976 Page 8 legal opinion on exac�tly what the City Attorney woulcl recommend in this case. She said she would gu�ss that this�was not the firsi time. this has come up in the City of Fridle� and probably not the last, and she thought the City Attorney would have s me opinion on ii. irIr. Bergman said he t�ought the second motion did give the City Council the third alternative--th t of moratorium. Ui'ON A VOICE VOTE, H and Peterson votin� ; 2. CONTINUr'�: PROPO Continue until Januar is, Bergrnan, Schnabel and Shea voting aye, Langenfeld , the inotion carried 1.� - 2. AIAINTEPdANCE COD�: 5, ].977. .. _ . Mrs. Shea said she would like to recommend.to Staff that they loo's in Column One of tonight's newspa�er. She informed the Commission that Spring Lake Park's City Council wojuld be looking at cockroaches, etc., as the result of a complaint from an'� apartMent d�,*eller.. 3. CONTINUED: HU2�1AN �EVELOPP•'��A1T GOALS AND dBJECTIVES: Continue until Januaryl,5, 1977. �i. RECEIVE HUT�N RE` f�,C�S C0;-L iISSION P•iINUTFS s DEC� iBER 2, 1976 ri0TI0N by Shea, second� by Langenfeld, that the Planning Commission receive tkie Human Resources Co� ission minutes of December 2, 1976. rirs. Shea said she wou1J motion in the second to requested the City of F explained that C.P.R. s said they were hoping t that these were dolls w resuscitating a heart. the large ones. She sa the p�ople wno have gon age group on up. The t� like to bring to the Commission�s attention the last paragraph on page 28. She stated the Hed Cross idley to buy one f'baby�� for the C.P.K. Program, and ood for Cardiopulmonary Resuscitation. rss. Shea buy ten "babies" and 10 "Annies", and explained th electronic parts so the students could practice Tne "babies'' were infant dolls and the "Annies�� were d that the courses they offer t,rould be free, and to this say it is vital to people of the Commission's abies" cost $160 and the "Annies" $320. i�;r. Clark asked how lon the class was, and r2rs. Shea replied 8- 12 hours. P�Irs. Schnabel asked if he resuscitation t•ras different from the type of resuscitation given to person iaho has shock, and P-Irs. Shea replied that the heart stimulation w s more important in this one. She explained this i•�as more for a heart at ack patient, and thi� �aasn't the Red Cross life saving course. rirs. Schnabel �aid she thaught the ca�ts were quite high ior the dwnmies, and ;flrs. She� xplained these were diiferent frori the ones used in the life saving cour�e. She said these had electronic heart beats that must be stimulated by t e students to pass the course. i�Irs. Shea stated that the idea of the Red Cro�s was to reach everybody in Fridley with this course, and they wanted to get a�t least ten each of the ��ies" and '�babies". � I � . � � � 3G � �� s ' � `•, . �r � � --._ NAEGELE OUTDOOR AUV. 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Carl Gc:orge was pr :sent represenl:ir:� Gc:�r�;etol-rn ;iotels. �� i. ri0TI0� by L��ge:�felc�, �ecor.:ied bi� Gabe1., t•hat tha Pi annin� Com:�ission �pen i the Pul,lic }ieas•ing o�i �r.zonii�� i•equ.cst iC�:� i�7b-0�, by Geox:gc�t�+on t•4ote1, Inc. � "� Upan a vaice vot�, t:lllvoting aye, Chair��ezson Har.ris dccl�red tre Fublic � Hearii;�; o�en at 7:1.�0. ' . ` . ;.. Air. Boar:im�n explaiaz�c� �I tt�at t}iis was a i�e�aon:�n�; Y•E:C]11E'.:>t to �.11aw a motei-rc�st.aui•�it - 1'�.cilit,y on Alairi St;rec�t across froni lioiida.y VillaE;c� Nortl�. 1-Ie said thei•e trere � se��eraJ, things 1;he Co�ru�ission tiYotzld tiavc� �1.o tal:e a l�alc at,, and oi�e was what �� . �,: ' i �: , �: , �, � �, � f ; s ._� , k'�.Annin� Cornrni�sion I�ieei�ing - Novemt�ei. x7, 197b � � � � ' � .. � � ' � ' � � ' the tota.l area w�.s zone detei•;ninat�on at �his m was actuall;,� a proper z Vrhat t�as �;oir:�; to happe proper.ly zoi;ed? I�r. ]3oardrnan showed the a r. cskef.ch dorie by Ci{,y h�ad more parking than w than wna1: :,��s need�d. areas �,�ithirz the sa.r�e . c by I•�r. GeorE;e. • V• . �A�,6 2 (1�5-2). He stateci i;he,y wou7,d have to make some etin� o.r in the ner.t i'ew meetin�s wj�ether that zoning ning in the area; and if they did rezone tl�at property, to the rest of the l�i-2 and was the rest of the I�1-2 propased plan to the Commission, and explainEd it Fras Staff. H� stated ihat the preposal that wa� suhm�.tted s aci;ual�:� needed and �;he drivirzg aisles were wider e po�nl:ed out t'riat t?ie ne�i Pla,n snorred T�ore Iandscap� ntex�; oi tl�1e motel s;�stera, and thas had been approved I�ir. Boardrn��n expla�.ncd ;{;Pie proposal taas in tt�ro phases. He said tl�ere would be G�as t-foad restaur�,nt that �,rou)_d �.lso serve beer, wir�e, and that sort of thing. I•1ro Boarciraan s�id there would be three units; 2l.� units in t3-ie .first one and also the main cpffice of ihe motel, and the next tt•ro units t-rould be �0 units c�:.ch. He sho�ed the area �cahere an additional �t0 units rrere proYosed f.or i:he �'ut„ire, and adc�ed that the Georgetoi:rn �:o�el system ��ras a chai.r, motel s3*stem ihrou�hout tr�e t�nzted States. � Chai: person Harris ask�d if th�re taas ��y�:hin�; they could do to clean up t?�e I.eg�7 des^ription. Tirl Boardnan replied that the only V;ay they could do that w��ld b� ��:ii.th a plat, �nd he dici�Z't think i�urlington Pdorthern t•r�:nted te pla� �.t this tir;�. I�e st•at$�� tl.a� he had tal�ed ta �zrlin�te�� Jvortherr.'s L�i:ci Dev�Iop:ncr�t C�rnpan,y t�h�.s a.fternaan ana thcy han�led real estate fcr c::r.y��•}-iing ot,hnr tlzar. industri�l_.I, Hc explained that wh�n they g,ot prosrective b�a,ye?'S or developr�;: s in �his are�., they irent before ttie Burlington Idortherii Bo�rd of Direci;ors a,rd they tur�l�d tY:e property over to the buyer. I�ir. Carl George appro; tiad t�Pen t�nder corsi�� I�e said they had iirs� tt�is particular area, evei�yti��_nb c�.one and tl xezor�ed. I:e explaine� conun�rcial �,ravelers. �i�eas th�t t��e B�arlin, the proxim.ity to I��ry. oifice. I:c� added tha� this pari;iciilar ki:�d � developed. ched the Board and expla�ned that the propased moiel ration for developrnent for approxi:nately 1�� years. rnet ti�rith T:r. Claric and the City i`anager cancerning and they told the G�or�ei;ai•m people to proceed ;.nd get en brin� i�: in to see: if they could get the parcel the motel Urould snrve both railroad emplo,yees and I�ir. Geor�e stated they had a choice of four diifereni: ton I�orthern o:.•ned and they chose {;his one because of 691� a.nd also because i.1; wa.s close to uhe railroad crew they taz�nted to be in a.� area that. �,�as com�atit�le to f busincss, ;�.r,d the area South of 69J.� was pretty well t��r. George said it wa� his uncierstanding that the City itself would like to see something other tlan industrial in this particular area North of 694, and they had made the�site plan trith that in mind. t�e stated it would be a �ood ar.ea for thea.r b siness and it could be the beginniri� of startin� either conLmercial or residen�ial in that area. NIr. Geor�;e s�id that �oncerning B N L, they did haridle everything other than tha industr�.al. lie c�Cplained they were created by Burlington Northern to i � � � �` P]_unnin� Commission Meeiting - November 17, 197� ,� Page 3 � � � � � � � � �, � �' ' C� do this and to develop jLhis land i's�sier. He stated that in a lot of are�.s comrnercial h.�:� groi��n up�l around railroad.land and industrial has �rown up around it, and the inciu'�trial wasn't compatible. He said they fel�L i,his plan was cornpatible, an�l that was tahy they picl;ed that particular parcel. 1�r. George stated that 'their motel system was a little different than the Holiday Inn or Ramada. ',I-Ie said that they were basically a. motel, not a convention center. He I,stated that their roorns were the same size (1!a' x 2!�' ) J ca.rpeted, i_ndividually ltempera�ure controlled and air conditioned and contained a 19" color television set. He �aid they h��d �;alccn out tl�ie things that were no�: necessary for a motel such as caterin� services, etc., as_this was ref'lected in the cost oi' the rooms. l�;r. G�ar�;e explained i;hat most catering departmen�s in the large motels did not show proiits, so Lhat cost ti�ren�; in:to the cost of the rooms. , He said that although they felt those�are necded, they also felt there w�js a need for a.rnotel that had the comfort of their roor�s iaithout alI �he e�tras. He s�;ated that they didn't ma.ke food people out o� their emp�oyees,', and that i-las lahy thejr located a restaurant alcng with their mo�,el. He said �In this instance it would be a fu11-service restaurant open fron� 6:00 A.M. un�il 1:00 the following morning. I�, Yrould have a rnenu that was more varied, }�e said, than Sambos or Country Yitchen, and the restaurant ��:ould carry',itself. He said they felt food service was very important, and just a t�lock from tl�eir location taas a 2�t-?�our Country Kitchen. 'A1�.?. George sta�;ed that Iltheir motel rooms carried no overhead other than the overhead af the room it�self, and tl:at i•:as orhy they iaere able to reni; the rooms for ��10 single ar�d $12.50 d�u�ble. As far a� the construction, I�e said, theirs Z1T4J equal to or ''�better than Holiday's. He stated that they had. a goad quality roorn, and they '',didn't construct the building for a i'ast dollar b�at tried to deterrlirie wha� the customer needs t.Tere now and �rrhat they ��o�aJ d be five or�ten years from nota.' He informcd the Commission the outside of the motel would be oi ccdar and brick, the interiors saere a washa'�le-type {.extured coating, nnd the farni�.ure Vras built by one of trie forernost manufacturers of motel fui�nit;ure. The l�athrooms j�.ould be very similar to tl�ose oi Holiday, iie said. 1��r. Georg� saidlthat iheir motel had all the comferts but dicL�'t have the mee�:ii.g rooms9 ba17'� rooms� or catering services of the.larger chains. ]�ir. George 5�id that irp their feasibility study done in this area, they expec�Led i�his unit to �un at 95% occupancy. He said he felt there taas a need in the ar�a i.or a unit'�,and felt this was a good location for it. He added that tl�e}� act,ually Selt� this would upgrade this particular area or at least be a"foo� in the door'I' for other commercial ventures in that area. F�e showed the Commission data sh�ets pu� out by B N L on �;he area, and said that if this was changed from indus rial to cons�ercial they rrould like to have a feasibility run on the need for or ice buildings because they also developed office buildin�;s. He stated that if ther was a neeci, he thouglit this would be a good spot because they usuaJ.ly need a pl�ce off a main freewa.y and with a lot of parkin� space. He said he iti�ould be happy to �ns��rer any questions.. � Mrs. Shea stated she he had answered most � _ � been concerned with the r�st of the property, but her questions concerning that. rSr. George said ' � Planr�in�; Carnmi3si.on Mr,e�ing - November 17, 1976 Page !t ' • � ' � � � � � � � � � � � that t:�c;y t•�ere lookin� tor rezon:i.n� at this ti (the I3oard of Lurlin�to� ar,d a usc had to be iou Burlin�ton ivortherr► ta use. He. sai.d i;he.y woul be a pr.oi�_t-able project the. a.rea .�rotzld 'oe oprn da�;a sheei,s stated. I�irs. Shea. said that tY�.e righ�; �a�t }Iolid��y (57� reN�_dentiaJ_ areas o i�ir. motel S'ro�,� �yl� z�ras on U that a7.1 of the railr. oa �Ie s�.id tna�L in oi�er ta van at . the ,yard ofii.ce by the vun. r uses for it. l�ie explained that they coulcin't ask i'or th3.t property taitnout �oin�; throu�;h both Board^. Norttiei•n Indu.�trics and thai; of' B N L llevelot�ment), first. Fie said the land had i;o be `turned over from � L, a��d both Bo�:.rcis had to decide if it w�s a good then run a i•1�I ai�d i,hat told whe+her or not it srrould I�Sr. G�or�e said that r�hen these ttiings �-:ere done r other ventures going into that proper�Ly, as the only access that i•;ould be accep�Lable to her would he ), oi.;hex�;ise tnere �:ou1d bc tra�'fic go�.nE; Whrou�h . i3oard:na..n said i;he o�ily acce �s that they had to the iver:�ity, 57 �n �ld t:ain Si;reet. I�r. Geor�,� stat-ed perso:u�el �rould bc Uu�ed by the motel to and frorn. rds ti�e;� ti•rould not drive, bu� be picked up by a motel nd ta�:en to tne motel�, and bac;s to the yard office 2�Zr. Bergm�,.n note.d ti:at tyhis properf:y and tiie pz•o�ierty i4oT'�h� ��7est and South �tiTas al1 zonc.d I�i•-2 �:�nd a�ked T.�i�at the zozlirig t�ras for t.he Floliday property. r;r. Boarc�.rnan replieci �1;'�tiTas C2�S. :•Ir. Ber�;r22.n asked t•,ha.t 1-ir. George � s arr�r�gement �rould be wi�,h B N L if t::is r�ote7_ caran to pass, vzd P�:ro GeorgE rerli�d it t�ra.s a le.ase. i, l�e said the; had a 2�-•Year 1ea.sc wich a 2K..y�ar optior;, ar�d trie,y dic? have c1«us:�s �torked �_nto �}�e 1.ea,iL!� j �.rr�?�;ement where ezT�.;ry fiv� Y°<iT'S ii: T12� T'E'.�'�G:�;E'-C� i� T' �re V�:ll':?�.?.OTI Ui �r� �.c12Ci. 1�P fxplained lt Y78S I10� open �vr ary type of. ne.otint�ons and i� ti�e la.nd didn't go up �n zTa,�ue there :<rou7.� b� no char.�e in t' e lease. I�ir. Eer�ma.n asked t�hat escalation gu�e iv�.s uscd, �zd T•lr. G�or�;� s�.�.d it ��,as done on �:he Lasis of -l;ize 1-�AI appr. aisal. i1e explain�d -i.liat f'ive yea.�s fror� ti�e ti:ne of tiae sigr�ing of the lease, ano�her 2ppraisal c��ot�ld b� donea Tir. Ber.gr�iax, said �'that ht� was not f�iliar �•:ith the> r.!ot�l operation dir�ctly tied in to i;lie railro��.d', personr.ei . or rai�.rcad opei•ation, ar.d usk�d ii' �urlin�tcn I�ortherxi t�ad any ot:��z' $uch ar.range:nents in t�:e T,�in Gi.ties. I�ir. Qeor�e replwed th.y did no�L, b�t they ha��ed to have t?:e s��rne arrangement in otner ci�;ies. �ie said that nc�T�r the railroad per.•.�oni�°1 were hou.sed in same of the hote]_s in downtotkn 1°:i.nn�apoli.s Leca.use tlie,y couldn'�; afford to l�ouse them in �;ne �rer,y besi; mo�;els. i{ie eapl.aii�ed that this �•:;zy they ti�.ould ha�-e ne��r f�cilit.ies to put ther; in with tr�sportation f'urni•��hed, and for the motel it :�ror�:ed ve~y h*e1a. beca�:se the,y itirer�e �uaran�;eed 3 C2T'tc'i].Tl number o�.' people per day far occupancy i4hicli guarant ed pro�it.ability f'or the mo�.el. ?�r. Ber�maxi stated t.hat I he felt a bit a��Znaa.r�d with �Lhis piece. He said that withirl a l�lrge AI2 tY�ey �,*ere tall::in� about rezoning a srnall portion, and felt it z;lmos t bordered on s�ot rezonin�. l�e said he �aas loolcing at the site data whi.ch appai't'iltl}• censid�red the possibilit,y of additional commercial development to tYie size of this tot�l site. Y•�s. Ber�;m:�n noted �tl�at Mr. Gearge had described tt process ;�rhere it woul�i be out of context for .b�rlin�;ton Northern to come in with a re�onin�; request!for this entire parcel rather than this small corner w:ith tlie underst�.ndit��; �hat if the larger scal.e pl��ri deve�.oped tlien another � 1� � � i � pi�nnin�; Commission t�ieeting - IdovemUer 17 � 1976 � section woul.d be rezoned a P ts1r. Geor�;e said if thcy coul that those data sheets �rent Ber�mar, a�lced if th? code s� industrial zane, and ifr. Boa Mrs. Gabel stated t�:at she w was a�ood deal of con�estio 1•ir. Boardrna,n said he didn t t I.;r Be signalization there. . • be reduced if this 1•�as cornme t�irs. G4be1 said she felt th� thought they �rould find thez He said he thought the majo7 railroad business� and with from �.he motel would be Sou� the traffic by Holiday was ; probably talking about 1t:3� get off of 69l� to the motel 5:3p rush�hour. He explain people at a time, and the m Srom 6•3� to 8:3� p�ts•� not Pa�;e � ece at a time to the extent ot this tot�l parcel. . find a use i'or it that rras correct. He added �ut to develop�rs throu�hout the country. t'�'• :cifically precluded construction of a motel in an •dman repllcd it did. �s concerned about �:he traffic, and ��idlready. 1 at the corner of University an 57 see any problem �:ith the tr.af�ic at a11 with the rgman commented that he thoug}lt .�he tr4f'fused�,a�a rcial7_y used as cor�pared to industri�J_ly t wasn't necessaril,y true• 1�Sr. Fsoardr�anbusiness. e wouldn't be that much of�-the�hi�h'��aJ• �ity of the business would be industa�� .��o a��.d� tha.t pxobab7:y r�ost of the traffic p ;h, along Tiain Street. I�Irs � Gabel stated she thouglzt �bout at its m�xirnum. 2`I�'. George said she was�n to or 5:00 in the afterrioon, and the traffic try' � would be at 7:00 �or S s00 P.1•i. and not the 3:3� t° ad the men ti.�ould be bussed in crecas of five to ten ain time for checking into a motel was usuall.y the rush hour. Mrs. Gabel said ano�her co cernrshe hed f�o� �he xESidential�area acrossj,the P rop�r screeninU or some t�pe ol buff �ln�; doti:•n �esiden �ial Cstreet, ��d also . so the tr�.fflc �,ouldn' 1: someho,J end up � • treets. 1ir. Boardm�,n sai�. that the actuaa j1ain� cl�essaidtitlr�,asuaatuallyite s a bi�:. Soath of the ini,erse�tion of 7th � �illa e Ivorths 2nd i:e didn't th:ink ar.ross frorn the rear park��?g lot of Holiday � there tiseuld be a lo� of tr�fic that t��usdroom forhextensiveSlzndscapi-ng,�and the 57t}1 intersection. He'said there �a ro��em as far as he just di dn't think they t.rere going to find that kind of a p the usc oi I�iain Street. i�r. Boarcl�r►an suid he did haveGectionithate� entntor6lst, on the pi'oPe2•ty as far as !possible usageof the entire Mrs. Gabel said it did seqm to be spot re�.oning taithout knoN'ir.g s•:nat r:as ' intendea for the reT�ainde� of the strip of 1ar�d, 2x�d ad^.ed she would feel more co:�lfor�able ii' the :rY�ole parcel z�To�:ld be rezoned� , to i:r. Geo:-ge that � �� He stated t :e Corinissi.on Mr. Zangenfeld coml�1n�ebe��a�k n�COnto ae�'s�'bPixiseenin� his client.ele ��.ou.� � zaould li'�c�; to see this � titas basi.cal.ly concPrned w�th the zoning, and the Ci1:y 1 and u�.ilized to the best' possib7.e advant��e. iie said that in listenin� to �- s. He stated he noticed Pir. George had the disc:lssian he felt th t a motel and restaurant �•rould bP comt'llr�en ary to �he other surrounding uss.ne�s r�d asked i.f he could te].1 frora that pxojection figures of 9�/ occupane�, �roximately Ihoia m��nY PeoP1e a day ti�ould be involved in th�.s on pxojectaon ap� � p y eo lc a da�• an avera�;�. i�1r. Geor�e �aid there would be �� rHels�ated thai e�entually from 33urlin�;ton Northern w:ith space for me��'month, or n!t people a day. 1,hey tiaould like to have �50Q occupancies p d be \ Mr� La;��;ei�feld asked w1ia� the actual dimensions conccrned about, and A1r.IBoardman replicd it was raci•a th�t they shoul Sy1.3' in depth and 366.5' �PlatZnin�; Cornmis:�ion I•Iee{tin� - P�avc:mbcr 17, 1976 � IJ � � . � � 1 � � � � ' � � LJ ' wi.dG on P�fain Etrect. i. L�n�enfeld asked hor�* rnany square t�lr. Geor�e repl�.ed it w s lt+ acres, or ].B8,U00 square feet. • said .that was about one terlth oS' the total property. . Pa�c 6 fcet that was, ».nd r t�fr. t3oardrnan Chairperson Harris stat�d'the first thin� or� his list of concerns r�as road pa�ierns. He noted the main access to the motel cor�p).ex was 69� to Ur,iversi.ty, University to 571;h and pver to. l�ain Street; to the motel. fie said it iras also possible i.o get in ther ofi' o� rfain Street fro�n the South. He asked if t•;r. . Geor�;e was� loo'r,in�; fbr ariy o�her acGe:ss besiraes those two routes, and i�r. Geor�;e rep�i.ed he was not. � � Chairperson Hari•is noted that the area �:as appz•oxima�ely It+. �cres, and asked � �rhat rainimwn lot size ti�as on comrnercial. I•ir. Baardrnasi said it ti�;as 20,000 square feet, sa they �-ere ti��ay �over. i•ir. Harris said he �a��ted io, get znto th� construction, and asked what total units rrould be bui].t at the time of on�et ot the pr•oposal. 2•ir. George said tiao 1�0'Is ar.d. one 2[t unit �ti�ould be constructed at the tiMe of onset (101� un? ts), alor�� i�ith the restaurant. . _ Cha�.rperson }iarris askdd if there was going to be a recreation area, and i�ir. George replied there z•�2�s not. He said, h�i,�ever, �hat if they had an e3;pansion and they sa�� it i•:as nec�essar,f, they rrould loolt intc. it. He said that in r�otels they had found tha1; poc�ls had a 5ia usage of the total occupancy of the motel on a tw�Ive-mon�;h basi�, and there were rnany probleras tsith va.ndalism ti•:ith gools. � 1-ir. Geor�e explained tY�at t:�ey ��ere dea7.Yng przmarily i.ril;h �he corvnercial traveler who r�.*as on th� ro�.d ter� or e�_eti•en Months oui of the year and z�:hose expenses had gone up ar�d �ras lookin� for some t•Tay to cut costs. He said, l�o�•:e��et tha�, 'they .did hatie corpor��t� accoui�t•s; for instance, in Del�alb they h::3 all of Genc:ral Electi i.c's bus�.r.ess, all of Cei�t,inental Telephone's bus:iness and a gooc� part of DeKa1b Bag's business. ile sai.d that �hey did have a lounge �nd gan:e area a,�d eac2i unii� had a 19 " col.or televisiorr se �, but there Uras no p�ol, dancing facilities, e��;. Chairperson Harris ask�d tarere other such mo�els ti;ere located presently, and Air. Geor�e said tliey h�.d one operatin� in AeKa1b and had plans for units in Davenport, Stapless Jamestet�,^,z, Fargo, �r_�d Davenport. He said tney were also loolcin� to Denver� Colbrado ar.d Auro„a, Illinois. I•Ii•. Lal�enfeld ask�cl a and i�ir. Georgc said th anci maids. He sai_d th instance, �.hey had a p television sets. A1r. dishwashers� srai�;resse Chairperson }iarris �.sk anc� I�1x•. GeorgE� replied ��d ti:}iicli w��}� to turn. out� azid in tliis �rea expl.ainccl that. ttiis taa a.n ))el:zlb; they h��e a out employ: �ent as f ar as th< City of I� ridley T'+4J concerned, y had a�r�anaE,i:r, �� teJenty-four hour roo;n clerk set up, t most. of tlie mainter.ance t•r��s done b;, con �racts, for r�:�•:�nent cont�-act with ItCA for the maintenwnce o� a11 the ear�;e said that in the restaurant they �,�ould have cooks, � etc. �d if they haci ta�:en si�nan� for access into considcration, tlif.y liad a sigri s,y�tem tli:it told peopJ_c� z;here to exit Iie added 1;hat tt:c,y also h�� a r�ai1..'�n� s��stem {;hat ti�:��nt �t V:ould probably �;o to �il�ou', :?,p00 bus:i.nesses. lle �}iotia tlaey recru:i 1;ed the busi.r�ess f'ro�,� General I�,lectric i apcn hause ilI1C� invite i.�idusti•ial and catn:nercial people i . �� ! . . ' � ' i� � � � I'lannin� Commis�aon 1fee�inE, - Piovernber 17; i976 -- -- - - �— . in to. see the rooms andl whai. the char�;es are. Pa�e 7 Chairperson Harris asl;e�t 1•ir. Geor�e if he was ar�are there was another coMplex �,' � in rridley that rrent by the n�rne of Geor{;etown, and I•ir. George replied he was atirare, but there was no connection. T1r. Loardm�.n said he �:a. so:n�iahat concerned about the p.roperty that is 1•7est ''. of this faciliiy •that i st.iJ.l o4med by L�urlirgton ?•�orthern in tne back. He asked i4r. Beorg� t•:hy he hadn't purchased �11 the rr�.;,� back to the track. ' ?•ir. Ge��r�;e rc;plied they very p�ssibly wi)_1, but, ri�ht n�w they saT�r ro neel '� to pay lease on that gr und. He said he .��ould la.ke ta put �no�her buildir.g : there i� this zo:,ing �re�t t}irough as . he acl;ualiy �ai•: �3 need for 25� - 300 rooms in that com�].ex b�fore trey r�ere done with it. He explaine� they had ,� to pa.y lease rrioneJ on e�rery sc,uare foot of grouncl so the�r took just. orhat the�r needed; but they could orae bacic and pick up additional propert;,r. P�ir. George fur�lltr explained tnat he parent corpc�ration boug}�t a particular �r,�unt of �, stock in 3 t� L Co: pora�; or., and B�N L bou�;nt the praperty. frorr, t:^.e p�.rent corporaz.ior,. He said tlhat usage had to be de��eloped bei'ore the}T could actually go to the Burlington i3o�thern Board and say they had use for that land. }ie ' � said that studies had tp be �r,ade so they covld be assured of a profit on th�ct :� project before tne�T cou�.d as:, for the grou.nd. j � rir,, Baar.dma.n SFs.1..r,�i �l� �!a tha�; once their started ( the;yr sc�ould have sor::� g � of industrial usc:�, res '� said. he �:�ould li}:e to t thought their adverti:si he thought they should � men�; package. �' � �t concerned ab�u� r�zonin� •in ste�� ha�es. i�e said e�relopin� thi.s :.n�o t•rh�.t�•ver tt:Gy felt i�; should �;�s ararltee {;ha�: they �;ould no � b� stuck t��i. ;,;� 3 L�1SPl;nas : den�t;ial uses a.r_d corL�e:cia:t useso Cna:;.r�ersen Harr�s lk to tY:e �en�;lenen fror� �3 t� L Corporation, because lie g on this partict�lar parcel �tas r�isl.eadzn�. He said ome to the City and ta.lk about it on a to�al de�*elo�- Mr. Board�an said he fe�.t ur�asy in sevez•al ways. He said hc �.To:ild like to see tlje w'icle �.hin� rezpr,ed to a differer_t zoning as he didn't tiiin?c tne i_ndustrial zoinin� i.*as �heeded. He said he felt it encroaclied on the residen+„s of the a.rea.to the �.ast and th� P�orth. i�i,•. Boardr•;an �aid he r:ould lile �;o s�e some i„ultiple or scme lc�.nd oi residentiul de�relo�cierii, on tiie tvortz�rn portion � of th�.t, and ma,y�be �some', compatible oifice or co37mere�i.�a.]. Sotith oi' tha�. }io.•:er-ez•, he saici, he felt une� s,yii �=he�� i.i,; was zoned industrial anz there ��as r.otizin�; coming oiz�; that could show the i this t�as tne taa,y they �a:�t it developed. Iie acided he wolild 1x'.e to see a tz•e ld established. Cl:airperson Harris said l.e i•�ould li�:e a cor�px•ehensive pl�n� ^ d as};ed �:l,�it their compz•e�zensi•,re plan saic? about this. 1•1r. i3ourd,:�an said the c mprehensive p].:�n for thi s��rca said it s:iould be industrial., but h� didn't aLree. He st.at.ecl that one oi the reasons it needed an:irr�medi�tte re�-�ur,pin�; �as becaitse they naci looked at it. as if the City ��:o:il�l not iriitiate aa�� rezoni��, �nd i:herefore �Lne�r had }:andled �7ost, areas as �hey we��e pz•esently zoneci. �ie s<�id tha{, he sti•on�ly felt i,his area should noi; �;o indusi,i•ial, and �:��id he�,, mi�;h� also add they presently had threc industrial bui ldiT�t;s on this secti{�n. r;r. Langcnfeld said he uported rlr. Boarc:man � s st.ai.ernent, and he i:houeht that due to the maturity of he City and tt�e chan�F;s that ha��e taketi ��l.ace, the industri�l desi�n:ition t i.liat entire nrea r�as really noL appro�riatc. rir. � •. Pl.��r,n9.nE; Commisc; i.an 1•t�eti.nl; -� Alo�ernber 17, 197� Pa�;e f3 '. $oarclr,l�n said oric of he problerns was it �ras all �•ri:7.l and good to say �this % axea not �o zndust;ri�z , but the fact of th� matter ��ra� it was presently zoned ;, indtistrial. }Ie :.u�;�e ted they �et some lcind of conrept idea� from Burlin�;Lon ' Northern as to s•rriat tY�ey r�ould lil;e to see in th�rc. � I i� ChaS.rperson Harris sa'd that it must b� obvious from Burla.ngton Plorthern i:urn3.ng the property �ver to B N L Devel�pment �h:�L- they do not intend on runnin�; the thin� as �n industrial site. }le sai.d �,hat 3��i L handl.ed just '� eom;aer. cial and no ir.ciustr. ial., so their intcni; must be in a direction other • than lieavy industria.l.l , � 2�[r. Roardmazl sai_d that not get �.ir,y proper��;r t reza;2e property, unlEs Burlington North�rn di at i;he time, arid added able to �:hem with the B� L should cor�e in � in. He er.plained to Ai bei'ore. He said they ciollar operation and n made at thai: tir�e have therefore he had a lit in talYing to B tJ L, �;hea.r real problern Vras they did .rned over io the-:,, nor did the,y get the opportunity to blzrlington :�dor��erri ti•:�nts it rezoned. Fie siai;ed tiiat not taant it rezoncd unless �,hey h�d suitable clientele tha� �urlin�ton t•;ori;nern ti.anted the most options av�.il- east restrict�.ori:. 1�Ir. Fiarri: �aid he �nou�;hi; tha.t the City, or pnrhaps Burlin�ton ti_;rthern should come, . George that they had ciealt l�.ii.h Burlington I�lort?lern ad a svritch yard �anich star �ed out to :�� a 23 niillion w�,,as around !t8 million, an� not all oi' the co:,�-nitra.ents been realizeci, ar,d �that ��as si.x years �go. He said that le trouble trusting Bui�liri�ton Tvorttiern ir+�pliczty. 1�Sr. Lan�enfeld brougl.t i up t'�� roble,;: of draina�e, and I��r. Boar-�;,�,an s<id tria� �,�.1in;;ton t�orthe,: n�.i have a storm se;.er. pipe alcng their proper. ty and i�; might ba possiblE io c nnec � Vaitn �that; otr.eriaise the3r Tnrbuld havF• to gct perrnissi�n frorl the St te Hlg:i;�ay Dep�.rt,rr:�nt to drain off of ti:cir draina�;e rigllt-of�-ti;3y. i�Irs. G2 el as�:ed if ext•ra. d-rainag�� ti:as needeci to ha.ndle �•hat, who �.ou3.d pay for it? ,Air. ��.rdJ�ian sai.d it t�:ould 'nave to be the property o�mer, axid he didn't fc�resee any cos�;s to f.he re�id�:nts. i�1r. Ber�;nan asked if there �rere any othe� concerr;s of a titility natt�x� s�.icn as taater, and i�.r. Eoard;:�an replied thu� :{ater anci sei,er ��*ould be ext:.�nc3.c:� doi�r:� fra:., 57th to the property. ' 2�1r. Ret°�;m�,n a5ked 'novr that timin� was ver,y c . and they had expr-.ct.ed oi the leasin� a:,r�..�c;e think:;.n� that thi.� ��?ou signed aver ror ronir:E; of i'rost this co;ni.n�; A it was their �oai to e George sai_d the i�hole TIOTIOI3 b,y Langeni'��:1 d, s the FubJ.ic }Iearinr on t � Upon a voice votr., all li�arin� closed at 9;0,). � � � ritical timing t•ras to i�ir. Gec�r�e; and i��ir. George repl�z4d itical. Iie statec� tha�; prints ti;ere drat��7i for ti�e pro;jcct, he railro,;.d �to have noveci f�.str:r in thcir dev�lo�:r.e.it ents and thi��s 1.ike thai,. He added t;:at the�� were d hati-e been doiie in l�pril, a.nd the;r just had the land in Octob�r. He statcd that even if there c•ras 21� - 30" riJ., they could still start. I�•iz•. Laiz� enfeld Gs�:ed i#' ;aplete �iuildin� r.ti:�l�er 1 b,,r ttie end oi 197?, and P•ir. omp�_e.: �•rould be co�npleted b3� then. :eonded U�• 3�er�:,,�:n, that tt�e P1.�n:iing Co;�uaiss:ion close �e Rezoning Reqtics�t 70A ?,`7G--�G by t;cor�,eto�,-n P•tote]., Tric. !Ot.7.11� aye, Ciiaii•person liarris cieclared �;i�e 1'ublic � '� C ; � ! � �• A ' � � .� � ; � f � � Plt�nninG Cornrni ;sion Mee�.in€; -�aovernber 17, 19'lb �'a�e 9 0 )'f07'I�Td by Bcr�r:�an, seco ded by Lan�;enfeld, that �thc Plannin� Commission defer Re�onin�; Re�u:.�st 'LOA /%r -06, hy Gcorgeto�•m 1fo�;c1, Inc., with the fo�.lor�in� con ,iderations : i � 1. That ihe present�ation made by 1>ir. Car.1 Gcor�e i, of a�ener�ll.;� ' favox�ble irnpre�lsi�n �Tith re�;ard to the rno�;cl and speci�'ic property develop:aent. � 2. Th�s boc�y is in �eneral concurrence with rezoning the present industrially zon�d 1a.nd from 691� to its cYtens:ion -to Glst Si�reet. . � . 3• That the Plannin�� Co,::r�ission is in� gencral disa�;reer:�nt �rith parcel by parcel spot r�zonino. lt. That the Plannin� Cor.2�iission requ°st 1'rorn the pro��rty oTrmer a comprcherisive pl�an concernln�; the intended u,�e of the total inc;�as�rially zoned parcel. � 2�`,r. i3oardman a.�l�ed if th �l; was actuall.y i•rhat th�y c•;ant�ci, or if they r;ant�e3 a� o�por{;unity to tall; t Burlington .�;ol•thErn about proposed develo�rnent in the �•ea. � P�ir. Bergr^an s�icl the mo�;ion requested a plan fro:r i;urlington I�]�rthern, aa�d tintil ne sa:•r tha� he ',v,ouldn't kno��J ho;ti to r�spond. He stated tha� �he moti.on did require r�ore t�han conver;��tion. 1�Ir. Boarci�n�zn said that his irr:p��ssion from dealing t•;� th Burlin�ton idorthern a:�d �a.7.k�.n�; to B � L t.ras �;hat the�.r plar. in ,.tne area t•�as inciusi;ri�,1. until proveii othert•»_sc. � _ � � , _ I�Tr. L��ngenfeld noted that'�, T1r. George had a tenta��ive tir�eta'�1_e T,Thich t•rould be al�ered as a resul-'t. of th�s motion, �r.d ii; i.:oul.d d.etain him a bit. He sta�ed tha� he pax�sona].ly �elt iit ?•,*oald be ur_.fair for I�,r. Geor�e to ieel �:hat thc: PZan:�in; Co��-�issiar: T,,*as d�tainiiig ttiis, and it t:aulc� oe more ar�propria.�e �;o � say i;hai, if Bur? _n��on No�thei�n had prc�vided betf.er infor•mation to consi.ci, r th�.s further the P7.anning!, Co:n��ission ti�.oul.d have U�en able �:o act ir�nediately as far as zonin�. I•;r. Bo�lydr;:an said he did ask a represen�:ut�.ve from � �� L to attend this �ceting, bu�t he declined. He adcied tha� he thougn� they sl;ou2d ' get sor�bod;� fro:� t3ui�ii.ng-�;oiz P;orthez�n as they t,e: e�;Yie cont.roll_ers oi' tt�e property. ?�1rs. Gabs1 said that she �;ealized it seemed uni'air to detaiil h�rn or make }�im exi;end ha s tir;eta?�le, but I on the other I,�,zZd if s�ie had to vo �e yes or r.o at thi:� t;i�n� she ��oulci }lave �o vote no. S}Ze sta�;e�l i;hai a.fter looking at t�e site plans, it jus� Uoi?.ed dot•,r to the 1'ac;; 1:h�t fror:� i�:hat the,y �re usin� as criteria on tn��r� as po+ential dev� 1.onex•s, it could end i�� {;� be a 11oc:�;cpod�e. She added th��t. if they �:-ez•e a.kin�; f.or the t4hol.c thino to be rezoned, she irould }iave no objection to tliat, but ri�=ht no��; i� ti�;as just a poi.c�ntial mess. Cha:irperson H�.rris sazd th cer;,ainly w�ritea to see th C�2 �.c.nin�;, und he sllared He �dcled that• he thou�;}�� {, �;he C:i.ty, and he a�;reed ti�i too. Fte stat.ed t.ha� altho �t he didn' �; see this a:: a spot re ;onin�; anc? he �t 1.7b' that. rur.s next �.0 the irachs included in :ver�'Uody�s cor�cern on �t,he remaind�r of t.he }.�ro�:'.T•ty. iis particu7.ar develop:;�cnt ;,�ou1d t�e a�reat plus for :�}z P•ir. Geor�,e's conceZ�t. I;r. Ber��nan said that iie did, i�;h }le may riot }iave adequ�;te�.y cc>;n}�liriented tne concept �_ put forth, he thou�;ht the; ity �;ould like to have ii;. lie , concerned :ti».{;h i;he total developrr,cnt of i;he properi;y and sorne planr�cd 1'ashion, and w uld 7.i}:e to see a better p7.an � ��E�� . �aid that they were' � that it be done in , of the property. 14r. Lazngenfeld �a�a tn�:t it seerned stran�;e that Burl.zngton ldorthern, having such a large strip, dic�n't ave a better overall future plan �'or the �r4p�rti.es they owned. He said he fel that 13ur].a.nbton 1•;orthern r�h��,:? d have bven morc informative to t•tr. Geor�e a to t�e possibil�.ties of wha� thcy intencled to du i;o the 1�orth of ihe F>rop sed �notel sit�. 1;r, G�or�;r� stated tl-iey had gone over that, and thou�ht offi e buildin�;s 1�rould be cornpa�tiY�7.e to this project. He sa.i.d he taas under the im ressa.on that of'ii.ce buildin�;s c�e under com,mercia� zonin�;, and said they t�r�x�te to hav� a feasibilit,y study done on the need for qffice bu�ldin�;s. He s�i.d e hatl a.lso aslced about tl�c possibilii;y of housing for older people and if the e r:as u need for that, so.they were looking to other uses i'or this parcel. i•ir. Geor�e sa�_d th4t they felt this was now their land for a period o� fii'ty �ears a.nd that B N L actually no lon�er had a right to it if it t•�as rezoned. H said he cauld see �;he Cor�rr�ission's concern aoout the rest of the property be ause it di.d not have �ronta.ge, and an�•thing that didn't have frontage �•ras no going to be cor.d�asive to somethin� desirable�.cor�er- cially. 2�Ir. Geor�e said he could rer�edy that by �ncluding that strip in the rezoning i•equest and pay th lease on it, a.�d that t��ay they lyauld have it wher. they were ready for addztio al b�aildings to go.on it. He said that thzy tirere asking for the rezonin�, bec use they ��ere obJ.iga�,ed on the land for a period of fifty years, and ii; toas �ctually the sarne as rezoning �ubject to purchase. �e. �aid he had worked �aith hese people i'or t�:o years an this project, and with the City for a year or 'so. :ie stated he knel,� the 1'eeling 1Jas t'�e lax:d was still industrial� but if` Georgi�toian 1•iotels di.dn't have faith in thase people tha-c it ��ould not. be lused �'or industri�l the�� ,:ou� d never have ;aade a million dollar investment ir� th�s vroject. He said that as a m<:;ier of fac-�, his or�anization :-iould like jto be the users of �art of the prop�: t�T und t•rou�.d like a feasibility study runj on it for office space. ?irs. Gabel �sked if 3urlingt'ion Northrrn had indicai.ed ho:�� they z,ani;ed this 2oned, and I�.r. Boardrian repl!�ied that the only indica�i�ion he had gotten was they were looking for the majximum nwnber �� op�ions. He stated tha+ ri�ht now he didn't think they t:ould wjani; to tie themselves into a different ;oning as it was presently I�S-2, wYiich '�s the highest pcssible land use �hat is avazlable. Chairperson Harris stated'th ATorthern's benefit to have s� He said he was under the imj B. N.. Land Uevelopr�erit 1�as t iif�:y to one hundred years i: him tliat in order to do that �.ell on that l�id. � r;r. Boar� was they had i;o siart p��iri� problem was how to promote t.. to �o i:hrou�h a feasibili.ty co�nnented that he thou: nt he and that i,�as if ttie do].lar tia tlic way it iaas �oin� to �o. �{; it seemed to hir�, �.t s�rould be to Burlin€; �on �me sort of idea � s to ��ha�; t•;ould fit into this. •ession �he reason Burling�oi� Pdorthern set ug > get tiY��is lanc. 1;hat had been layir,�; dorMGnt for ito production. fie added tha1; it 1•:ou1d seem to they should ha��c some idea as to i•;hat z,reuld ti�ork iman said he thou�ht th� moi:it-ation behind that tax�s on all this unproductive land, and n�w the �e property a� fast as the,y could �ti�ii.}iout having stur,;,J on every piece o.f pro��ert,y. rlr. La.ngenfe]_d al; e� dv k-nevr lei�at t.heii' co�z}�rciicr�sit�e plan �r��ts, �s ri�ht for a par�:ic.ul.ar ��iece �°. a�a, that was �� A , -- �� I'lann�n�; Commission i�feet�.n� - Novcrnber 17,� 1976 �, Mrs. Gabel asked where t' �;ha.t they iyou�.d like 1:0 : way. 2�Ir. Boardman said ' Northern the,y had to re7 � fi�.ilt. He said the land Northern was looking for � � 1�Ir. }3oardman said he had that a mo�LeJ. uras compati oi' the motel rernained in �hat she felt it was spo Bergrnan said he would li •�hat it be parcelled up� rezoninf; reo,uest and the rezoning. Ct�airperson E compatible i+�th the C-2. C'tlairperson Harris said proposal ti�aas co.npatible were trying to look at- stat°d tl�at perhups thi hoped i�; t-:ould be a. ste comprehe�sive plan, but unci find cut what direc should talk i;o someone which sai.d "potential c I'rs�e 11 e City s�ood as far as sayin�; to Burlin�ton N�rthern avc this la.nd rezoned commercial and developed that e dicin' 1� think i:he Cii,y wanted to tell Burlin�;ton ne this because ri�ht away �;here would be a lEgal was pa.•eseni;).y zoned industrial property, and i3urlirtgton other possibilii;ies of development. one ot;her question, anci asked if the Cor,�mission felt 7_e use to that area if the rest of the propert,y IJorth ustrial, and if so, wh,y the table? P�Irs . Gabcl cor�;nented rezoning unless the �,Thole trAing was rezon�d.. rir. e to answer that .quesi;ion, and si;ated he i.�as concerned n lo�ical planning parcels and the strip bct.ween �Y:e railroa�d. tracl:s h� ielt should have been part of the .rris said that he was not �ure tha-t the J�-2 was • that from his own standpoint, he thought t•Ir..George's ��i�Lh �ihe total area, and he tnolzght that sras t•�hat they th� total area and not just the existi.r.g zon°. He t�iould be a progressive �;yp� zon.ing eperation, and he . P•1r. Iiarris said he ciidn't know if they needed a did th:ink they should talk to the peop� e fro.n �3 N L �.on they V;ere loolcin� at. He said he also ae11; the;y bout the par�`i.icul2.r flyer ?-1r. Geoi ge had sh�wn -cher�� rrmercial". U�0�1 A VOIC� VOT�, Harrls, Bergman, L�igenfeld �Zd Gabel voting aye, Shea vati.ng nay� tha rnotion carric.d',l.4 - l• � C}�airperson Harris said��ile woul.d like B N L or Burlin�ton T�orthern to come in �to the Cit�-� St�.ff and a�k for assistance in deciding what could be doile t.it'ri this purcel. Plrs. Ciab� cara.mented that she tl:eught the point was tY:ey t.ad to look out for the fut�re of the entire city. T•Zr. Boardman su�;�ested to r3r. '� Geor�e th�.t Yie rial:e the �I initial contact ��ith �3 N L or I3urlington IVorti�4rn , �., . �,o meet � wi�th the Plannir;hg Corv�ission on December £ith. 2. LO`I' SPLIT RE�`JFST: �', L.S. �`f'jb--12, 3Y I?ICK GREGOR: Split i:he bal�,nce of Lot 31, Auditar's ,�ubd visi��n 129, i��o i;wo bu�lding sites, each lj8' x 110'. tahich excepts the ;�1�st 129 ieet of the Sout;h �� oi' Lot 31, a.nd excepts the Nort}i '-;�, and allo•f�s1'for a 25' road dedication for 731� Avenue. Lots tivill be addressed on 73�'4� a�ld 7�� Avenue N.E. I,r. and Mrs. Aick 1�ir. Boardman explained half of' lot 31 in half with the area. Iie su��; dedication occur at thi r 'e � , iaere present. ,iiat thi s 1�ras a lot split. request to split the �ast Iorth� and Saui,h, and he t}iou�;lit this was in keepir�g �sted there be a si:ipulation�that the 25' street ; time on 73'� Avenue. Y� .. ` � �'. [ � . 0 T�� NASIt� M. Q CITY OF FRIDLEY MEMORANDUM HI, CITY� t�IANA�ER, AfJD CITY COUNCIL FROM: MARIIIN C. BRUf�SELL, ASST. CITY 1�GR./FIN. DI.R. � SUBJECT: APPROVAL OF J INT P�WERS AGREEh�ENT 4JITH f�1ETROPOLITAN k�ASTE CONTROL COf�1t�lISSION AN� ADOPTION OF A MODEL ORDINANCE � DATE : JAP�lJARY 3, 197� 7 _ • 7he Netropolitan l�Jasie dontrol Commission is instituting a policy of� charging a�surcharge to se��er users who have high strength discharges. This charge is over and above the normal charge for sewer flow. The City can elect to collect this charge directly fro the indust rial use r, or the Metropoiitan Waste Control Commi ssi on �-�i 11 col lect Ithe charge for the Ci ty. If the f�etropol i tan t�Jaste Control Commission collects the charge directly, the City could continue to bill the users much as t�ey have in the past. � ,, � Most of the Cities, appa ently, �yill allow the Waste Control Commission to collect the charge dire c ly. This has many advantages, and I recommend Fridley use the same procedure. I In order to implement th� procedure and allow the Metrpolitan Waste Control Commission to col lect th� charges di rectly, i t is necessary for ihe City to approve a joint powers a�reement with the Metropolitan 4laste Control Commission, and to adopt an ordinanc� setting up the separate strength charge. This policy of charging $eparately for strength is mandated by Public Law 92-500. The practice must be ins�ituted for the entire sewer district_ in order �or the Conmission to remain eli�ible for Federal Construction Grants. MCB:sh ' Attachments ' Joi n t Po��e rs Agreen�en t��►/�) Fr�P n�-�z-� Model Ordinance �n� R��'n�� Memorandum from l,faste Co trol Commission Letter from Metropoli tan ��laste Control Commission dated November 5, 1976 Letter from f•letro�olitan I,l,laste Control Commission dated December 1, 1976 Copy of the 1977 Sewer Qi�ll from the Metropolitan Waste Control Commission Strength Charges for the ',Year 1977 0 , ' ' . _ I' , U�i�U �F: C�� i'1";'�?L �cv, i►r��iion �Wu 1 � ''<:5 iVr'Q sso n�cr�� 1cuc�F�-u� nc. )tii� �:ot�ERl /Tt:«.ri Jlii(11 {'i�lil (li(15S1i�1 612 222•tt4•.! �'�: •. . . . �ecyckd t..1 November 301, 1976 � MEMORAPd DUPQ T0: Mlunicipal�Officials and Engineers FROM: ' t�etropolitan Waste Control Commission SUBJECT: I,�plementaiion of Commission's Strength Charge S,�stem Attached ar�,e copies of documents which the Commission considers necessary �,o implement the strength charge sysiem during January, I . 1977. Thelfollovring paragraphs will explain the reasons for the proposed m�thod of implementing and handling the strength charge system. !, . . ►�ith the adoption of Public Law 92-500 by the U.S.�Cong'ress, certain specific l�gal requirements and guidelines are stipulated which in essence im�ose upon the Commission, and the users of the Metropolitan Disposal Sy�stem, conditions to be met in order for the Canimission to remain eli�ible for federal construction grants for �vaste treatment facilities� All i'ederal construction gran�s awarded after March 1, 1973 are s�bject to meeting the requirements of Public Law 92-500. One basic t�equirement of Public Law 92-500 is the adoption and --- . i . . imple�ienta�ion of "a system of user ch�rges to a�sure that each recipient �f waste treatment services ir� the (federal grant) . �. � � _ € • �_ � �. � Ni�nicipal Officials nd Cngineers � � NovemE�er 30, 1976 - Page 2 `applicant's service..$rea a�ill-pay its proportionate share of the costs . ofi operation and mai�htenance, incTuding replacement, of aii waste treat- i ment services provid�d by the applicant...." Please note that any implementation plan �alling for the potential pay.ment of unpaid strength • charges through genej�al ad valorem taxation would r,ot meet federal ' requirements; a plan must be developed that assures paymeni; of strength charqes by those sub'ect to the strength charges. Tn meeting the requi,h�ements of Public Laur 92-500, the fol)oiving four alternat�ve imp1emen�tation plans could be used: Alternative 1-!�ity accepts no wastes above average strength. . ,, ' Under this plan,'Iboth the City and the Commission would have to adopt ordinances requiring pretreatment of all wastes above average streng�h prior to discharlge to the sewer.. In addition, monitoring and inspection by Uoth tl�e City! and ihe Commission would be required.to assure com- pliance with th�' ordinances. This alternat�ve is not considered further because it is o�'t of the question for economic reasons and because it ' gives industry rjo choice of paying strength charges in lieu of pretreat- . � ing. i Alternative 2- Gity handles entire program. , Under this plan the City would develop and administer an acceptable ', ' industrial wast� reporting propram, �vould develop and conduct a monitoring and �nspec�ion program, and would submit detailed reports ;' ,t on each di�schar�er's ��laste quantity and quality to the Commission � � Municipal Ufficials � �nd Engineers 0 November 3D, 1976 Page 3 along with stren th charges collected. This alternati,ve is not � ,considered furth r because of the costs that the City would incur due to ihe staffing �nd support facilities'beiny required. , Alternativ�e 3-�ommission bills City and City collects strength �harges.� Under this plan,'�the Commission bill to the City would include a list of companies.and the strength charges to be paid by each company. 7he � City would then �ollect the strength charges and remit the revenue to the Commission. !�This alternative would require the City to incur � � administrut��:e c sts in the colleciion oi bills and the remittance of °:� revenue. In add tion, the City wou1d be required to modify its user . charge rate stru�ture (requiring approval ofi Commission) to assure that those recei�jing service do in fact pay for the service received. The City would g�jarantee that the payment to the Commission was collected from th'ose companies specified by the Commission and not from any �other ta�xpayers within the City. 7his alternative would require the Citylto incur administrative costs for a Commission program and a1so�,would require industry to ��rait two years for � adjustments throygh the normal cost allocation procedures. Alternative 4- d�ommission handles program with the consent �f the City. � Under this plan, the City would adopt a mode� ordinance and enter a joint po►�rers agr Iement �vith the Commissic�n allowing the Commission � I . ,� ,I - . � � . . ' P�lunicinal Officials Ind Engineers November 30, 1976 � � Page 4 � , � , . ; ' ',, , • f? � to handle the pr�gram. This alternative would relieve the City of �" , the res onsibili for monitorin industry and for the billing and P �Y 9 . �' collection of strhength charges. Alternative 4 is recommended by the Commission. - ' ! ' � . The model ordinance �s designed to establish the strength charge system , on a local level and�lprovides for tax lien procedures to guarantee strength charge payments by tt�ose billed. The joint powers agreement provides for ', the �Commission to ac� on behalf of the City to collect strength charges ' directly from indivi�ual users and also to act as the agent of the City to cet,tify unpa�d str�ength charges to the Cou►:ty Auditor. � . :. , � . � i � . i 1 1 � 1 �� 1 1 �� , � � �� u.i;;� i ; • . �.�>!1T!'UL �Ufi ifi 1!ilf0(1 ' � lr�eiCdr•�,(L�r•c, .. 15omcr�Oro��r,r.e r� �c. 7TNG I;Ot;� kT�l!'i i Tt /Rlfll ihlUl I1111:�,1U; GI2 �:2•p4•:3 •• na��6•.� �.r P�ovember 5, t�r. Nas im Qi t4anayer Ci ty of Fri � 6431 Univer� �ri dl ey, i�li r Dear ��1r. Qur 1976 �reshi ley ity Ave,: N. E, nesoi:a 55421 hi. Enclosed is he stat�nent of 1977 Estir�iated Cost allocation for your muni ci nal i�cy i n acco rdance �•ri th the 1977 Prograr� 6udget approved and adopted by tl e I-letropolitan l��aste Control Cor11fi11SS10t1 anc{ the i�fetropoli- tan Courici 1. I Reserve Ca�aci �y costs ►vi 11 be al located to your cor�rnu- nity in acco�dance i�rith Service Availability Charge (SAC) policies< � The Sf�C uni t'�, charge �Far 1977 i s�375. The total anr�ual est-imated charges %o your municipality are i.o be remit- ted to ihe (� tropol ii;an l°laste Con��rol Cor�nission i n 12 equal r:�onichly installr�en�s�due on i;he first day of each month. The Cor,lmissio�� vill bill each r:�ur icipalit:y by r�ailing a mon�hly invoice approxim�t�ly 30 days prior � due dal:e. Tf�e first such installnent is due on or before January 1, 1�77. An industrial'� and adop�ed b cha►°ge system Thcse revenue m�f�i tored and optional rneth all activity transferring may elect to pa red . I n tl� you regarding charges. As a r�eails of the Comr:lissio inforriation o been pr�pared measurement ai Contro] Conm7i: requir�ments � forr�at afi 1 o�vs tion in an unc Qudget in det� 4vaste proportionate si.rength user c�iarge system �•ras appi°ove� the Cammission on June 15, 1976. Indus��rial strength revenues are included as part of the 1977 Prograc;� Budget. must be co77ected froni those industries to be ideni;ified, surcharged by the Co�7mission. The Col��^�ission is preparing ds for collecticn of these charges. You may elect to hai�dle i ih youi' 111CIUS �ri �s i ncl udi ng bi 11 i.ng, col 1 Qcti ng and 11 industrial stre��gth revenues to 'che Coi;,i;11SSlOtI, or yo�t ave �he Coi��u7ission do so. Option agreei:,ents are being pre- very near futu?•e, addi i:ional detai ls �•ri 11 be for��rardeci to col l ecti on procedures for �he i ndus i.ri al �•laste s�c��ength keeping local governr,�ent units tvell inforr�ed, tve have enclose 's 1977 Proc}rar� Guc�get--a docur.�ei�t tf�at �,ri i 1 provi de ycu ��i �F, • Commission prog�,ar�is and projects. The Coinr�ission budget f�as on a prograr� budgeti ng forelai; ►ti�I�i ch er,ipllas i zes perfarmance d resul�ts. The format tells you a c�►�eat deal abou� tlaste sion ac�tivities and hot�� they attempt to ineet tlie needs and f' the lUl local con�nunitics served by the Coi;nnission. This the Conn��ii ssi �►� to outl i �ie a, cons i derab 1 e aijiount of i nforma� �t•s�and�ibl e i,�anne►,. P1 ease �take the �ime to study t}�e 1977 i1--it vri11 be tvor�:h your �vhile. �� . � I•1r. t�as i iu Q�res h i Ci t;y of Fri ley Flove�nber 5, 1976 Pa ge 2 t�le encourag you to contact the (4etropol i tan tiJaste Control Cornrni ssion if you have an� questiorls regarding the cost allocations for your , coir�;iuni ty, he ��rasteti•�ater co11 ecti on and treatm�i�t faci 1 i ti es servi ng your cor�roun'ty or Cornmission plans and prograrns that may aff�ct your municipalit,� in 1977. Sincerely y urs, \ C�� . F��i cf�ard ougherty . • Chi ef Adrni ni s �rator - RJD: RLfi: jc � � Enclosures', , �� I con�:r�o� corr�mir�ion a,�� c �,.�:, ►�«:� Decernber 1, � 1976 � t�lr. Wasim ureshi, City t�lanager Ci�y of Fr dley . 6431 Uni ve s i ty Av��nue fd. E. Fridley, h1 nnesota 55432 RE: Stren�th Charge Systera Implementation Dear Mr. Q�reshi: Transmitte� h�rewi�th are copies of three interrelated documents which are �onsidered necessary by the fr1e�ropolitan �Jaste Con�rol Commission for iche effective and efficient impTer�entation of an industrial user seiver strer�gth charge sys�em on January l, 1977. The streng arder for federal gr Control Rc thereunder Inasmuch a included w which revi documents. h charg�� systen must be iriplemented at thai time in he Commission to be eligible to receive and to retain nt monies in cor�pliance with the Federal bJater Pollution AmendmE�nts of 1972 (Public Law 92-500) and regiilations it is i�ecessary to implement the system by January 1 th the transr�ittai are t��ro (2} explanatory memoranda w specific administrative and legal aspects of the Local gove�nment u�nits have �he option of handli►�g the strength charge sys�er� on t�ieir o��rn or having the Cor�mission administer the syster�i'� ho�vever, either option must be exercised by January 1, 1977, io c�mply a•aith federal requirernen�s. The Comi�ission is wi 11 i ng to assur�e tl�e costs of adr�ii ni steri ng the system i f local gavernrnent,units desire the Commission to administer ti�e system. In order t ing these your atten Friday, De 5quare Qui 350lI1[7R0/OURRE 6LDG. 7Tti 6 ROBERTlTREETI /Htf1T PAUL (il(155101 6l2 `l22•(3423 �� My,�i,�d L� ► fac?litate t��is matter and to answer questions concern- iocuments and the streiigtf� charge system we would appreciate iance at an i nformati onal mee �i ng wf�i ch t,►e are conveni ng ;ember 10 at 9 AM in the Cor,��ission offices, 350 Metro Idii�g, 7th and Robert Streets, St. Paul: �`- December 1, 1976 Page. 2 � . Copies of the trarisr�ittal packet are being sent to your city atiorney �or review and co�ent. . I For immed�ate information concerning these documents please contact P1►�. f�lador�� at 222-8423 or P�r. David L. Graven, Corr�ission cou�nsel, �t 371-3�300. . Very trul yours,� . F��"'" • Richard J ougherty � Chief Adm�nistrator �, Enciosure$ - � cc: CityjA�torney _ .._ _ _ � . � � � ;� , . STRENIGTH CHARGES FOR THE YEAR 1977 List of Industries: Onan �Corporat.i on $330/Quarter Totir�o's $150/Quarter Honey�mead Pruducts Company $1,700/Quarter LaMa�r, Incor•porated $2 3Q/Quarter 0 � 6 f ' . 'i - � l� j ORUINN�CE N0. '-F � � , � � � � , , � ' � � � � � ;' AN ORDIFlNVC[ ST/i(3LISHIN6 AN INDUSTRIAL USER STf:ENGTH CHAR6f I� 11DDITION TO THE CNARGE (3A ED UPOI� TNE VOLUI�[ OF D1SCfIARC,[ l3Y AN INDUSTR111L USER AWO ESTIU3LISNING ��! INDUSTRIAL USCR. STREidGTH CHARGE FOP,l9ULA fOR THE COhiPUTATION TH[REOF T0 RE OVER OPERATION A?ID I•U1ItJTENl1NC[ COSTS Of• 4:ASTE TREATI•1ENT SERVICES ATTRIl3UTl1f�LE TO TNE STRENGTH OF TfiE DISCI�ARGE OF INDUSTRIIIL WASTE I�JTO THE SEWE SYST[t4 {WD ESTAE3LISHIWG TAX L1LIJ AGAIt�ST PROPERTY SERVED IN CONNECTION WI H SUCH STRENGTN CHARGE THE COUNCIL OF� TNE CITY OF FRIDLEY D4ES ORDIIIN AS FOLLOWS: SECTION l. Mi in di ;n it es wi Se s e� of li� itals. The I��tropolitan tdaste Control Conxnission, a metropolitan mission organized and existing under. the la��rs of the State of nesota (the "Coinnission"), in order to receive and retain grants compliance with the Federal 4late►•• Pollution Control Act anendments 1972 and regulations thei�eundcr (the "Act"), has determined to ose an industrial user sewer strength charge upon users of the ropolitan,Disposal System (as defined in Plinnesota Statutes, tion 473.121, Subdivision 24) to recover operation and maintenance ts of treatment �,rorks attributable to the strength of ti�e • charge of industrial waste, such sewer strength charge being in ition to the charge based upon the volume of discharge. In er for the City to pay such costs based upon strength of ustrial discfiarge and allocated to it each year by the Commission, is hereby found, detennined and declared to be necessary to ablish sevrer strength charges and a formula for the computation reof for all industrial users receiving o�aste treatment services hin or served by the City. Furthe nnore, Minnesota Statutes, tion 444.075, Subdivision 3, empo��rers the City to make such er charge a chai,ge against the oti�anei•, lessee, occupant or all them and certify unpaid charges to the county auditor as a tax n against the property served. SECTION 2. Es ablishment of Strength Charges. foi� the purpose of paying the co ts allocated to the City each year by the Com�nission that are ba ed upon the strength of discharge of all industrial users re eiving waste Lreatment services within or served by the City, ih re is hereby approved, adoptecl and established, in addition to th se�ver charge based upon the volume of�discilarge, a sewer cha�°ge upbn each company or coi-poration receiving tvaste treatment services wi hin or served by the City, based upon str-ength of industrial wa te discharged into ti�e searer system of the City (the "Strength Ch rge") . SECTION 3. Es ablishment of Strength Charge Foi�mula. For the purpose of coi�putation of the Strength Charge established by Section 2 hereof, th@re is hereby established, approved and adopted in compliance wii�h the Act the sar,� strength charye fonnula designated in Re olution No. 76-172 adopted by the governing body of the Co mission on June 15, 197G, such formula being based upon pollution • qu lities and difficulty of disposal of the sewage produced through anjevaluation of pollution qualities and quantities in excess of an anrival average base and the proportionate costs of operation and mailntenance of ti•raste treatment services provided by the Corrmission. SECTION 4. Sti es� hei trt da� or to dai th � U5E of ength Charge Payment. It is hereGy approved, adopted and ablisi�ed that the Strength Charge established by Section 2 eof shall be paid by each industrial user receiving waste atment services and subject thereto before the twentieth (20th} next succeeding the date of billing thereof to such user by on bef�alf of the City, and such payment thereof shall be deemed be delinquent if not so paid to the billing entity before sucn e. Furtl�ermore, it is hereby established, approved and adopted t if sucli payr�ent is not paid before_s�ch date an industrial r shall pay interest compounded monthly at the rate of two-thirds one percent (2/3S,) per month on the unpaid balance due. ORDINANCE t�0. . • SECTION 5. Establishn�ent of Tax Lien. As provided by I�linnesbta Statutes, Section 444.075, Subdivision 3, it is hereby approved, adopted and establisheJ that if payment of the Strength Charge establisheci by Section 2 here�f is not paid before the sixtieth (60tfi) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, s id delinquent sew�r strength charge, plus accrued interest established pursuant to Section 4 hereof, shall be deen�ed to be a charge against the o�•+ner, lessee and occupant of the p operty served, and the City or its agent si�all certify such � un aid delinquent balance to the county auditor ��ith taxes against the property served for collection as other taxes are collected; provided, h rnveVer, that such certification sliall n t preclude the City or its agent from.recovery of such ' delinquent sewer strength charge and interest thereon under an other available remedy. . - SECTIOt� 6. Se erability. In the event any provision of this ord'lnanca sh 11 be held invalid or unenforceable by any court of c petent jurisdiction, suc!i holding shall not invalidate or . re der unenforceable any otl�er provision hereof. SECTION 7. Effectiveness. Tliis ordinance shall take effect immediately. PP,SSED /U�D ADO�TED QY THE CITY COUttCIL 0!' TNE CITY OF FRIDLEY TNIS DAY OF , i477. � ,; _, I , � ATTEST; � CITY CLER�: - Pi RVIN C. First Reading;l! Second Reading�: Publish.. , . ;�FlYOR - WILLIAM J. NEE 4A I ! , i � � i � � � � � , 1 , ; � i � f . f � I � .� � . ' . i . �� . . . . ' , Join Powers And�Agency Agrc�ment . '� , Tab].e of Contents � Page � ' ' 6 Section 1. De�in�.tions . . . . . . . . . . . . . • . • t� Section 2. Findi,gs oi Fact . ... . . . . . . . . . . 9 Section -3. Purpo es . . . . . . . . . .. . . . . . . 9 � Section 4. Joint Powers . . . . . . .. . . . . . . . 10 � . S�ction: 5. Rqenc . . . . . . . . . -. . . . . . .' . . : 10 Section G. Paymer�t o� Delinquent Charges ...�. ... 11 � Section 7. Indus�rial Contracts . : . . . . . . . . . 11 � Section 8. Term uration and Termination ....... 11 � � ' Section 9. Notic . . . . . . . . . . . . • • • • • 12. � . � 5ection 10. Bindi g Eifect . . . . . . . . . . . . . . 12 Section 11. Severabilit� . . '. . . �. . . . . . . 12 ', Section 12. Amendments, Ch�anges and P�iodi�ications ... 13 Section 13. Execution of Counterparts . . . . . . . . 13 � � ,Section 14. Date of Effectiv�ness . . . . . . . .. . . . 13 ' � - . � . . � ' �. � . . ' � � . . , . �I . . : � . . . . • . I( . � � r , 1 ' .' � , 4B � 0 �--- �. � � . I,�. � � ,� , JOxNT POVJ�RS Ar]D 11G�I1CY 11GREEI�iI:NT TIiIS JOTNT POs�?ERS I�tJD I�GEt3CY AGREETI�NT, made and entered into as of the �lay of ' ,197��, by anc3 betwe�n CITY OF FRIOLEY ' , a municipal corporation of the State of Minnesota, organized and exist.ing as a statutory city under the laws of the Si.ate of Mi.nnesota (herein- a�ter referred to as i:he "Municipality") and the T��etropolitan Waste Control Commission, organized and existing as a metropolitan commission under the�laws of the State of Asinnesota ihereinafter referred to as the "Commission"� . W I T N E S S E T H: �i � A�H�REAS, the Municipality is expressly authorized pursuant to Minnesota Statutes, Section 444.075, Subdivision 3, to impose just and ectuitable charges for the use and for the availability of sewer systems, sewage treatment works, dispos,al systems and a11 other •facilities for disposing of sewage, industrial ��aste or other � wastes and connections therewith, and such charges made for service directly rendered shall be nearly as possible proportionate to the cost of furnishinq the same and may be £i�:ed on the basis of �aater consumed, or by refex-ence to a reasonable classiiication of the types of premises to which serv�.ce is £urnished, or by reference to the quantity, pollu�.ion qualities and difticul�y of disposal of se��aqe produced, or on any other'equitable basis including, but without limitation, and combination of those referred to aUove; and i 0 � I � � ' i' ' , YJII�R�I�S, the Munica.pality is expressJ.y authorizcd pur- 4 D suant to MinnesoL•a StaL-utes, Section 499.075, Subclivision 5, to . permit any person, company or corPorati.on located and doing business inside or outside the l.imits of the Municipality to connect with such facilities and make use of the same upon the payment of such fees and charges therefor as may be Pzescribed or contracted for by the Municipality, and to contract with any such person, comPany or corporation for. the payment by such person, company or corporation of a part o� the cost of construction, maintena�lce or use of such facili�ies and to receive from such person, comnany or corporatio� paymen� in cash or installments of such portion of �he cost of the construction, ma�;�t`nance or use thereof as may be agreed upon or corit>:�.acted for with the Municipality and devote the money so receiv�d to the purpose of such cor,struction, maintenance or use; and WHEREAS, the Municipality is expressly authorized pur- , suant to Minnesota Si�atutes, Section 44�.075,� Subdivision 9, to � � con�ract for the sue of faciliti�s with such person, company or ' corporation for a p�riod not to e�ce�d thirty (30) years, which ' contract shall be binding upon the parties thereto for the full ., term agreed upon and shall not. b� changed by either party caithout the consent of the other party; and , �4I�EFEI�S, the riunicipality is ' expressly required pursuant to 1�innesota Statutes, Section 473.519, to adopi: a system of charges �or�the use and availability of the metiopolitan disposal sys�em, as �� c ' 0 ..2_ 0 � 3 � �� ' • , ' • ' � . . . . �E de�3.ned thcrein (the "Metrogo].itan Disposal System"), which will assure thai. each recipient o� waste treatment services within or sexved by the Municipality will pay its proportionate share of the' eurrent costs allocated to the 1�4unicipality by the Commission under Minnesota Statutes, Section 473.51�, as required by the rederal wa�er pollu�ion con�rol act amendments o� 19?2�and regulations issued pursuant theret-o (�.he "Act"); and �4IiEREA5, the.Commission is expxessly authorized pursuant to Minnesota Statutes, 5ection 473.504, Subdivision 5, with the consent o� the Metropoli�an Council, to comply with the Aci��and any grant of £ered to it thereunder, costs to be recovered thereunder insofar as passible to be recovered by the �Iunicipality on behalf of the :' ' �� Commission; and � � � � WHEREAS, the Act r�quires the adoption of a system of eharges to assure that each recipient of waste treatment services wa.l]. pay its proportionate share of the costs of operation and maintenance o� «aste treatment services provided by the Conunission; and . . ' WIiEREAS; the Municipality adopted on r 197G Ordinance No. (the "Ordinance") establishing a sewer strength charge for the discharge of industrial waste into the sewer system of the riunicipality and establisliing a formula for the .computation thereof (the "Strengfi.h Charge Formula"), the Strength Charge Formula being based upon pollution qualities and di�ficulty of disposa]. of the se�oage produced through an evaluation ot pallution qualitics and quantities in excess o� an annual avcrage . . , ~3� ( . . �J , nnnual avexage base and the proportionate cos�s of operat�on and 4 F maintenance ot waste treatment services provided by the Commission, and �urther providing for certification �o the county auditor for unpaid and delinquent sewer strength charges thereunder and interest thereon; and• WIiERE�S, the Commission adopi�ed on 'June 15, 19?6 Resolui:ion No. 76-172 (the "Resolutian") approving, adopting and establishinq the same forr,lula.for computing sewer s�rerigth charg�s imposed for the discharge of industrial waste into the Metropolitan Disposal System (the "S�rength Gharge Formula"), the Streng�:h Charge rormula be,ing based upon pollution qualities and diificulty of disposal of the secaage produced �hrough an eval.uation of riollution qualities and quaniities in excess of an annual averaqe base and the proportionate. :� .. costs o� operation and maintenance of waste treatment services provided by the Commission; and � WHEREAS, the Munici�ality is expr.essly authorized by Minnesoia Statutes-, S�ction 473.52�,, Subdivision 3, to exercise the potaers granted' any municipality ' y�iinnesota Statutes, Section �44.075 and Section 47`1.59; and WH�TtEAS; the Commission is eapressly authorized pursuant to Minnesota Statu�.es, Section 473.504, Subdivision 6 to act under the pxovisions of M�nnesota Statutes, Se tion 471.59, or any other appropriate law providing for joint r cooperai:ive action between I � gover»ment units; and � ,. � WIiLItE11S, the biunicipality � , entered into �hrou�li acti�n •f tlicir f. , �. . , . .. � .. tiie Commission by agreement governing bodies are autliori�ed ' . 0 � � f �� '� - , � I � ' � �ursuant to Aiinnesota Statutes, Sec ion 971.59, to jointly or I� G cooPerative�.y exercise any power,co on to the contracting parties or similar power, and the agreement ay provide for�the exercis� of such powers by one of the participa ing governmen�al units on behalf of the other participating u it; and ' WIiEI2EAS, the Municipal.ity I suant to A4innesota Statutes, Seci:ion make sewer charges a charge against al1 of them and may provide and cove charges�to the county auditor with t for collectian as other taxes are co s expressly authorized pur- 49�.075r Subdivision 3, to he owner, lessee, occupant or ant for cex�ifying upaid • xes against �he property served lected; and WHEREAS, the Municipality nd the Cor�nission desire to jo�ricly and cooperatively exercise a y power common to the con-- trac�ing parties or any similar powe�s and to provide for the exercise of such powers by one ot th� par�ticipating parties on behalf of the other participating pa�rty; and WHEREAS, the Municipal.ity �3esires to designate aild � appoint the Commission to certiiy. as�l agent on behalf of the Munici- . i pal�ity unpaid sewer strength charges'',under the Ordinance and the Resolution against the owner, lessee�and occupant of the premises to wh�.ch services are rendered with taxlls against the property served ior . � co].lection as other ta�:es are collec�ed. ' ' . --5_ 0 �� 0 .• 0 �`4H �NOW, TI1L•'itEFOIt�, £or and ir� consideraLion of the mutual covenants hereinafter contained, t.hd partics hereto by and through their qoverninq bodies, respectively�, formally covcnant, agree and' bind themselves as follows, to wit:� Section 1. Definitions. In t is Agreement, unless a different meaning clearly appears from the co t�r.t: � "Act" means Public Law 92-�500, being the Fec�eral Water Pollution Control Act 13m ndments of 1972, and regulations �hereunder. ."Agreement" means this Jo'nt Powers and Agency � ' Agreement, as the same may be rom t-ime to time hereunder amended, changed or modified. � "Commission" m�ans the 2,�etjropolitan t�Taste Control , �, Commission, a metropolitan comm�ission organized and existing und�r the laws of thelState_of A�innesota, and � • any successor or successors to its po�aers, duties and • func�.ions. "County Audii:o�" means thc� County Auditor of the County of ', rinnesota, and any successor ' • � or successors to the po�oers, d�ties and functions of such o�iS.ce concerning the certific tion t}�ereto of un�aid sewer charges pursuant to Mi.nn-sota Statutes, Section � q44.075� Subdivision 3. . . "Industrial Contracts" means the contraci:s entered into between the�Conmlission an the persons, companies and M 6-' �� . � . , � � ' , _ ' ' ' ' 0 . yt coxporatzons receiving V�aste�trcatmen� serv5.ce within or served by the Municipality and subject to the �' strength charge imposed pursuan to the SL-rength Charge I'ormula, substantially i the form oi Exhibit A attached hereto. � �� "Metropolii:an Disposal Sys �m" m�ans the same as that term is defined in Minnesota St tui:es, Section 473.121, . Subdivision�24. � "Municipalii:y" means the C ty �of � County o� , State o Minnesota, ancl any succe.ssor or successors to its powers, du ies and functions. "Ordinance" means Ordinanc .No. adopted on , '� ;,�].976 by the governi.ng body of t e Municipality approving, adopting and establishinc� a sew�r strength charge for_ the discharge of industra.al waste i�to the sewer system of the Municipality and estabZisning t e Strenqth Charge Formula � for the computation th�reof, su lz formula being based upon pollution qualities and difficu ty of disposal af the se�oage produced through an evaluati.on f pollution qualities and quantities a.n� excess of an annul 1 averag� base and the proportionate cost of operati�n and maintenance of �aaste treatment serva.ces provided by the�Commission, and further providing for certification to the County Auditor �or unpaid and delinquent sewer strength h��rges thereunder ai�d interest thereon. • . � .,q.. � � ' � � • l� � "Resolution" means Resolut'on No. 76-172 adopted on • . • . June �5, 1976 by the governing ody of �he Commission . approvzng, adopi:inq and establi hing the�formula for .• computa.nq sewer strength charge imposed for the discharge of a.ndustrial waste,into the Metro olitan Disposal System, such formula being based upon p llution qualities and difficulty of di.sposal of the s wage produced through an evaluat.a.on oi pollution qualiti s and quantities in excess of an annual average base and the pro ortionate costs of operation and maintenance o� waste treatm nt�services provided �by the CommS.ssion. � � "Strength Charge Formula" eans the formula approved, adopted and established by the rdinance and the .Resolution for computing sewer strength ch rges imposed for the discharge of industrial was�e into the sewer system of the Municipality and into the Metropol.itan Dispo al System, such formula being based upon pollution qu.al ties and difficulty of disposal of the sewage prcduced through an evaluation of pollution qualities and quantit�es in excess of an annual average base and the proportion�te costs of operation and maintenance of �aaste t:reatm nt services provided by the Conunission. . . ..p_ .' � '.. , � � I � Sectiion 2. Findinc;s of Fa.ct. , . ' determa.nes and c�eclares: , . . (a) That insofar as the t�i � Municipality finds, ' 4 `\ . nicipality lacks the manpower' and technical expertise to moni.tor, ollect and analyze the infor- mation required to compute the sewer strength charges under the Strength Charqe Formul.a based c>n pol�ution qualiLies and the difiiculty of disposal o£ the indust. ial waste produced through an evaluai�ion of-pollution qual.ities and quantities in excess_of an annual avexage base and the propo tionate costs of operation and maintenance of waste treatment s rvices provided by the Commission, that recovery of the cos s of operation and maintenance of waste treatmer�� services in com,�l ance with the Act b�� th� Municipality directly is not possibZ.. . (b) That as the Comrnissio possesses the requisite manpower and technical experti:�e to �onitor, collect and analyze the information required to cornpute �he sewer strength charges under the Strength Charge Formu].a ba��d on pollution qualities and difficulty of disposal of the :indust��ial waste produced through an evaluation of pollution qua:Litiesl'��and quantities in excess of an annual averaqe base and the propo�Ctionate costs of operation and maa:ntenance of waste treatment s-rvices provided by the Commission, and i:hat recovery ��f ope ation and maintenance costs of waste treatment services in compl'ance with the Act directly by the Commission is desS.rable. : _ Section 3. Purposes. The Muni ipality and the Commission mutual].y agrce and covenani: that i:hc purpose o£ this Agreement .� is to ensure ti�e adoption of a sysL-e of sewer strength charges for the . ...g� . � , � . . use and availability oE �he Met:ropol tan Disposal System and ensure ' . . � +� L L-hat under such sysL-em of charc�es ea h recipient of waste treat- _ ', ment services within or served by th Municipality wil.l pay its � . . pr.oportionate share of the opez�ation and maintenance costs of waste � �treatment services allocated to the 0 as required by the I�ci:. Section 4. Joint Po�rcrs. The icipality by the Commission 0 icipality and the Commission � mutually agree and covenant tha�: in rder to carry out�thc purposes of Section 3 hereof the Commission s all, concurrent with the express power provided the Comrnissio� by Minnesota Statui�es, Section A73.504, Subdivision 5, exerci:�e on �half of the Asunicipa].ity� tlie po�aer o� the Municipality to imp se sewer strength chara,es under�the Strength Charge FozmizZa an� contract with any�co2�ipany or corporation lccated and doing busine�s within or serv�d by the � Municipality for sew�r service:� purs ant to Minnesota Statutes, Section 4�4.075. � " �• Section 5. Agency. Th� Munici�ality hereby expressly desig- nai:es and appoints the Comr.�iss:ion toj act as the agent o� the . i Municipality to certify to the Count Auditor pursuani to th� . . Ordinanc� unpaid sewer strengt'.h char es and interest thereon against the o�aner, ].essee and ��ccupa t of the premises with taxes against the property to which ,servic s are rendered served ior eollection as other taxes coll�ected, and the Commission hereby �i . : ;� expressly accepts such designation a�d appointment as agent �or the Municipality to certify to the strength charges.and interest ther ..� o- nty Auditor for unpaid sewer pursuant to the Ord�.nance. � , Section G. Pa ment- of De].in ue t Charqes. The Municipality 4��• , and the Commission mutually ayxee an covenant that immediately upon receip� by the Municipalii:y of evenues for delinqucnt sewer ' � stren th char es and a.nterest t.hereo that have been certified to 5 �1 ' the County AudiL-or pursuant to the O dinance, togei:her with all interest thereon that accrues after uch certification, the Munici- , 'pality shall pay to the CommS.ssion a amount equal to such revenues. , Sectaon 7..•Industrial Contract . The D4unicipality and the � Commission mutually agree and r_ovena t tha� the Commission r.tay enter into Yndustrial Contract:� with persons, companies and � corporations served by the Mun:icipal'ty and subject to th� s4rength charge imposed pu:rsuant to the Strenqth Charge � ' �� Form�:�la in order to accomplish the p rposes of and exercise '� the powers under this agreement in s bs�:antial]_y the form of Exhibit � attached hereto and :hereby made a part hereof. � � . �. , ' i � ; �� ' Section 8. Term Duration and may terminate this Agreement upon t party in writing by reqistered mail preceding the date,�of te,rmination s and this Agreement shall thereupon rmination. Either party notification of the other t least ninety (90) days next cified in such written notice, nate, subject to the rights of the parties which have accrued hereun�der prior to such date of termination. Unless sooner terminated by either of or agreement of the parties, this Agre ent shall continue in farce for an initial period of five (5) y date }iereof and for successive five .. � ] ... ars for and after the efiective (5) year periods not i:o exceed ,� �' '� . � ' �J . � � � � a r� thirty (30) years from the effective date her.eof, unle�s notice of an intention to L-erminate shal.l bc given by ei.Lher party to thc � other at 3.east ninety (90) days prio to the end of the original or any successive five (5) year term. ' r. SecL-ion 9. Notice. n11 notices or other communications hereunder , shall be sufticiently given and shal be deemed given �ahen mailed � � by reqistered mai�., postage prepaid, addressed as follo��s: to the Municipalii�y to the at.tention of its Mayor Mi.nnesata; to the Commission, to the att�ntioi� of its Chief . Administrator, a� 350 Metro Square B.ilding, 7th & Robert Str�eets Saint Paul, I�iinn�sota 55101. The �� nicipality and the Cor.u;lissio: may,.�by notice given hereunder, desi nate any further or different ad�.r�sses to which subsequcnt notice or other communication shall be sent. Section 10. Binding E�fect.. T�lis Agre�m�nt shall inure to the benefit of and shall be binding �ipon the Asu:�icipality and the . � . Commission and their respective�succ�l��essors and assigns. Section 11. Se�Terability. In Ithe event. any provision of this Agreement sh�ll be held invalid or unenforc�able by any court of competent jurisdiction, such hold'ng shall not invalidate or render wienforceabl� any other provi ion hereo�. , • • , , � . �. �'�.�. 0 1 � � Section ].2. 1lmendmc»i:s, Chanc�e and t9odifications. This Agreement shall not be amended, C}li]Il ed, modi�ied or altered without the concurring written conse t by and throuqh the govern- ing bodies of the MuniciPality and LI e CO[IU�IZJJ�OJ•� respectively. Section 13. Execut�.on of CoUnt r��ar_ts. . This l�greemeni: may 'be simultaneously eyecuted in severa� countei:parts, each of which shal]. be an original and all of whic sha1,1 constituL-e but one and the same instrument. Seei�ion 14. Date ot Eff.ectiveness. become effec�ive commencing January � :.� * ,,� 0 n 0 '-13- This Agreement shall ; 1977. 0 �' . �� . • , , . � . . . �. � P IN WZ`1'NL•'S5 WFJLR�OI', th� t4unicip lity and thc Commi.�sion . by and thr.ouqh their governing bodie , respectively, have caused this Joint- Powers and l�qency l�greemc t to be executed in L-heir� names and on their bchal.f, respectiv ly, ancl their corporate seals to be hereunL-o affixed and attested y L-heir duly authorized officers, respectively. . • . C ty o�� Fridley � [Seal) � � Attest: • � • Clerk MARVTN C. BRUNSELL [Seal� Attest: ` ,� Secretary 0 � • . . M1 ��+ �L "i 1•iayor WILLIAr9 J. NEE M tropolitan 4�aste Control Commission B . Joseph D. Strauss, Chairman . Ricl�ard J. Dougherty, • Chief Administrator . �proval as to Form for :�ropolitan t��aste Con�rol Commission � - Leqal Counse . I • . �� . "Ry MEMO TO: ' Richard Sobiech, Public MEMO FROM: Darrel Clark, Community MEMO DATE: November 8, 1976 REGARDINGc Recommended Ordinance C Please find attached a memo to me from Apparently we have had a court case wh verbage in our refuse code. Had the C have gotten a court verdict in our fav Secondly, the Pool Ordinance calls for pools which according to Steve is not If you need additional material for Co < / � � DARREL G. CLARK Community Development Adm. DGC/mh I s Director lopment Adm. teve Olson dated November 8, 1976. � we lost due to the present s read in this manner, we may lepth marks on private residential �actical or necessary. icil action, please let me know. 5 n '` , ' � . � ' , ' ' MEMO TO: Darrel Clark, Community MEMO FROM: Steven J. Olson, Enviro. MEMO DATE: November 8, 1976 REGARDING: Recomanended Ordinance The change in the refuse ordinance w storing refuse in an approved contai pool requirement for depth markings included, when the new ordinance was lopment Adm. tal Officer s clarify the requirement for . In addition, the swimming residential pools was inadvertently afted and should be deleted. Ordinance 585, Section 113, Refuse Di�,posal (page 2) 113.02 Refuse Containers Required The accupant of any private d any hotel, motel, restaurant, or any building where meals a or apartment house, trailer c person having refuse as herei on such premises sufficient c refuse acciunulated on the pre collection ee��eet�eas. Each water tight, shall have a tig to insects, rodents, vermin a be fireproof; such as galvani exceed 32 gallons in size unl iiawener,--nethrng-herein-si�e}} �n-eentasners-ef-anp-reft�se-w elispased-af-arz-ti�e-p�emrs es-g tneinerate�-e€-a-��e-a��a�e on any premises shall be stor except if the same may be imm on such premises in an incine of Fridley. Ordinance 610, Section 115, Swimming ��5r64,--� .--Privttte-i2esidentie�-Swgtnm�r� �e�t�-af-�aater-sha��-be-��e�n� s��faee-an-the-�te�t�e��-pee�-� eva��-next-te-tke-pee�;-a�-me�r geirt�s-ef-ehar�e�e-e�-s�ege-be�� srce�-at-4nte �rteelia te-�aere�ter��a z5-€aet-tnter�e�s.- SJO/mh lling, the keeper or manager of ating house, or boarding house served, the owner of any flat p or auto court, and any other defined, shall provide and keep tainers for the storage of all ses between disposal or ch container shall be durable, fitting lid, shall be impervious absorption of moisture, shall d metal containers and shall not s approved by the City of Fridley. e-e�ee�teel-�o-reqt��e-ti�e-ste�a�e e�-�s-4x�edi�te�p-eensamee�-e�- a-mri�tt��e-ei�amber-e}as-€��e bp-�ke-��p-e€-P��e��ep.- All refuse in the containers required herein iately consumed or dis�osed of tor of a tvpe approved bv the City s (page 4) -Hep tk-Ma �3�3 �g s ed-a �-e �-ebe� e- �}�e-�aa�e� -er�-tke-ee��e-e�-�l�e-elee#-e� e�-m��tun-�e ��s ; -at-�e €-e�ep�k-s�aeee�-a�-ne�-me�e- �i�a� 5A � ' �� I�� ORD�NANCE I�O. AN ORDINANCE AMENDING CHAPTER �13 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLE REFUSE DISPOSAL THE CITY COUNCIL OF THE CITY OF FRII�LEY DOES ORDAIN AS FOLLOWS: Section 113.02 of the City Cod read as follows: 113.02 Refuse Containers Required is hereby amended to The occupant of any private dw lling, the keeper or manager of any hotel, motel, r staurant, eating house, or boarding house or any build'ng where meals are served, the owner of any flat r apartment house, trailer camp or auto court, and any ot er person having re- fuse as herein defined, shall rovide and keep on such premises sufficient conta'ners for the storage of all refuse accumulated on t"e premise-s between dis- posal or collection ee��ee��eA . Each such container shall be durable, watertight, shall have a tight fitting lid, shall be impervio s to insects, rodents, vermin and absorption of moist re, shall be fireproof; such as galvanized metal conta'ners and shall not exceed 32 gallons in size unle s approved by the City of Fridley. He�ae�ae�;-�e��xg- e�e��-ska��-�e-�eex�ed �e-�e�t��?e-��e-s�e�age-��-ee�� }�e�s-e�-a��-�e�t�se �a�}e3�-�s-��ed�a�e��-ee�et�x�e�- �-�-�sgese�-e�-e�-�ke-- ��exi�ses-��-a-x3t��}��e-e�ia��e� �as-��e-��e}r�e�a�e�- e�-a-��e-a�g�e�e�-��-��ie-E�� e�-��e�- All refuse on any premises shall be store in the containers required herein exce t if the ame may be immediately consumed or disposed of on suc remises in an in- cznerator of a tvpe approved b the Citv o� Fridlev. � ADOPTED BY THE CITY COUNCIL OF THE �ITY OF FRIDLEY THIS DAY OF ATTEST: City Clerk - First Reading: Second Reading: Publish ......: . in C. Brunse , 1977. - William J. Nee 5B -0RDINANCE 0. AN ORDINANCE AMENDING CHAPTED 1 5 OF THE FRIDLEY CITY CODE ENTITLED SWIMMING FOOLS •THE CITY COUNCIL OF THE CITY OF FRID EY DOES QRDAIN �AS FOLLOWS:' Section 115.04, 2: Private Resi ential Swimming Pool Depth Markings,is hereby repeal d. ADOPTED BY-THE CITY COUNCIL OF THE C TY OF FRIDLEY THIS DAY O F , 19 7 7•. �r - ATTEST: City Clerk - Marvin C. Brunsell First Reading: Second Reading: Publish........ . Nee � � i � CTTY OF PLANNIPIG COP��lI�SION riE�TING - JANUAEtY 5, I1977 CALL T4 QRDER- Chairperson Harris called the meeting to ROLL CALL: rlembers Present: Harris, 3ergman, 8:00), Shea Members Absent: h'one Others Present: Jerrold Boardman, City APPRO�TE PLAPdiJING C0�•Pt�1ISSI0iJ :•1INUTES: order at 7:35 P.i�. PAGE.1 ld, Peterson, Schnabel (axrived 22, 1976 MOTIOP� by Langenfeld, seconded by Shea, t at the Planning Commission minutes °� of Decemoer 22, 1976 be approved as writt n. Upon a voice vote, all voting aye, the motion ca^ried unani:nously. ' , , _J 1. PU3LIC HEARING: ��UEST FOR A SPECZ USE PERi-ITT SP #76-7-5 BY PAKO P�OTO, IIvC., ;o perMit a iilm process'ng drop-ofi boot:�, pe: Fridley City Code, Section 205.101, 3, (I), t be located on Lots 1- 5� Auditor's Subdivisiori P1o. 153, Skywoo r•?all �hopping Center, the same being 5267 Central Avenue N.E. • MOTION by Shea, seconded by Peterson, tha the Planning Commission open the Public Hearing on tne request for a Sp�ci 1 Use Permit, Sn �E76-15, by Pako Photo, Inc. Upon a voice vote, all votin aye, Chairperson Harris declared the Public Hearing open at 7:l�0. Mr. :I. Randol�h Tot;� i•ras present represen ing Pako Pnoto. He explained he wished to receive approval to construct a dri�re-in/Taalk-up photo finishing drop at Skyi,lood ;•1a11, and said that the C mmission was probably familiar with what the�r had at Holly Shopping Cent r. He sho�red the Comr�ission photographs and buildi.ng plans, and state it was a state-approved building. Mr. Tath said tnat this drop-o£f booth t,ro ld have more aesthetic value i•�ith shrubbery and so forth, and t,�ould give a etter tra£fic flotr. fie added that `1r. F3oai•dman had requested that they put n some landscaping and road pattern definition, and they had aF;reed to do tha . He explained that this was a last-minute change and was nat on the p�.c ures. Fie stated th at after 7 .� Planning Commission P�Ieeting - January 51 19?? Pa�;e 2 researching the situation they were pro osing a spot that should not cause ' a traffic problem. Eie explained it was �'0' irorn Lee �.ards and 80' from the back of tne parking lot. ' � � � i t r1rs. Shea asked if the City intended to replied no. He said t�at the reason tn was because of the immense traffic prob the City hadn't had too much luck in ch shopping center ov.�er, 1�4r, Sheldon i�Tort sketch of what the City Frould li:e to b concrete curbing would be� t-r. Boardman said there were several al stated that in order to ge� more cooper property, which did tend to he hazardou the property should be issued until som upgrade the property and solve some of oiher alternative would be to issue thi ments with major building permits. Chairperson Harris asked if that shoppin the plans and specifications submitted a I�fr. Boardman replied it was. He explain there weren't many rules and regulations ihe shopping center was a problem. 2�Jr. Peterson said he thought there iaas r of Central than there was on the East si said there was a street inprovement proj explained tnere was also a street improv road going in and out of the shopping ce public property, but beyond that it vras Chairperson Harris asked if rlenards was ' and I�Ir. Boardman replied that i•Ienards w but rlr. �Iortenson oVmed the property it � ' � �l � ' ' Air. B�rgman said he.was prettf familiar problem in and out of Target was a diffe center. He stated that the problem with V�ith Skyway it was because of lack of co no curbs or anything, and a lack of orga Mr. Peterson su�gested this taas an intra� a*� inter-street traffic problem. He saic function to tell the owner ho;•r to handle is tahat they irexe trying to tell him to c problem. P•tr. Boardman pointed out that 1 section iti�as a public intersection. rir. � sa� had nothing to do with the traffic ir put the curbing i,n, and Mr. Boardr:►an y wanted some definition of roadways em they had in there, and to date nging traffic problems with the nson. t�Ir. Boarc3r�an passed out a done there, and showed where the ernatives for this request. �ie tion for improvements within the , perhaps no more permits within kind of scheme was developed to he tr��fic problems. Iie said the permit and try to get the improve-• center �aas built accordin� to the time of construction, and tHa�t at the time of construction and now the traffic generated by re of a problem on the .�lest side e of Central, and I�Ir. Boardrian ct that wou�d handle that. He r�ent project for a four-1ane ter up to that point that is rivate property. ctually part of that propQrty, sub-leasing irom Spartan Atlantic, lf. ith this h�hole area, and the traffic ent type of problem than the shopping Target was because of volume, but trolled traffic, tie said there were ization. park.ing lot problem and was not he didn�t think it was the city's tne traffic in his parking lot, which o if it was an intra-parking J.ot ne public used it, and the inter- eterson said that the probler,l he the �larlcing lot, but the traffic 7A �;. ,, Planriing Commission' ;�leetirig - January 5, 1977 � � �� ' � ' ' . Page 3 . 7B in the street. ile said that if they F�er talking about traffic thaE was on the Fridley streets that was one tiiin , but if they were talkin� about traffic that was on the ;�an's own person 1 property, tnat was his o��rn business. He stated he got a little ups t with the �overnment telling people hoFr to run everything, and before they started to blac'.a�ail the business he would like to hear the probl m defined. Pir. Boardman stated that the problera �;as the access to that intersection was wide open taithout control. He said 't *rras ju�t like an a�cess onto a highway or road if the whole frontage ot was a drive:ray, and asked if the whole thing was open, how could acce s onto a road�ray be controlled? He added that there had been a].ot of pr blems in that intersection. IIr. Bergman said hs would like to fully being a good idea and certainly not over control direction of traffic there. He that the users of this general area �,�sre and they were talking about a safety haz certainly they were in a position to set area when the concern was for the using to the shopping center frequently, and Vr he had to look in all directions. r1r. Peterson said that then they woul.d ha the City and tell ther� to put in traffic felt it should be done. He said he under to say, but he got tired of the govern:�en everything they had to do. He stated the� the �uy into doing that; they were denyin; he did what they wanted hirn to do. .pport Px. Boardman's s'.�cetch as �ne in terms of sonething tc .id he Frould like to su�gest 'ridley citizenry and public, d problem. He stated that inimum standards in a commercial blic. He adc�ed that he had been n a 'p�rson �•ras driving throu�n e to go in every parkin� lot in arriers as the City of Fridley tood •�hat I�ir. Berg,T�a.n s•ras trying tr,ying to tell the people were talking about blackmailing him the buildin� permit until rfr. Ber�man said just to expand on the ge eral area, there was a problem across the street on the West, also, and uring large volume (such as Christmas) there ��ras a mess with the entr ce to t:ne gas station, the entrance to F,lnbers, and the traffic lined up. rir. Board;nan said that the whole intersection area from the entrance to Target to 53rd trould be channelized and directed. ' , 1�4r. Langenfeld suggested that the erectio of t!�is building Might tend to help direct traffic flow just by its exis ence, and P•1r. Boardrian said that was possible. I�ir. Langenfeld said he ass med this particular building would � bs there for some time since it was going to be placed on a concrete foundation, and ;�ir. Toth stated the�r had five-year lease t,rith a five-year option. iie added they would be open 9:00 A.T1. to 8;00 P.�I. rionday through Friday, and from 9;00 A.P•:. to 5:30 on Sat rday, but 4�oulci have 2!�-hour ' drop-off service. AIr. Langenfeld asked i there Vrere any vandali.�:n pi•obler�� in the area, and P•Ir. Boardman replied he idn't know. I� � u ' Chairperson Harris asked if this proposed uilding and surroundin� curbs fit in with the proposed tr3ffic pattern t e City had for the intcrsection. N;r. Boardrian replied yes, tne one they had now. ��e referred to his sketcti and said this would be the City�s recommen ation as far as solvin� the problem for i�,he parking arca� and explaine the proposed drivew�}r system. ' Planning Commission P•1ee�ting - January 5, I 197? Page !� � C ,, Chairperson Harris asked i.f there r��ere y utilities to this building, and , J4r. Totti repli�d it orould be serviced un erground with electricity. l�ir: Toth said he would li�:e to add that beca se of the way tne lease ti�as worked �' out, i#' they folloVred the plan that Pir. oarcir►an was proposing they y�ould be out; P•ir. P•fortenson wouldn't let tnem n. He explained that i,r. Boardman's plan put the building right in the middl of the driveT.�ay 1�Ir, i•fortenson did � have, and shoc,�ed the Corr�-nission where he proposed to put the structure. rlr. Boardman said that his proposal had he best floVr pattern for the parking lot, and explained the differences on th s�cetches. Mr. Boardr�an said his � plan did not fit in witn the existing p kin� as it was laid �out. Mr. Boardman said he thought the real pr blem was if a Special Use Perm�t ,� was approved on the Pako, concrete curbi g would be put in and then there �rould be a problem Taith changing the tra fic flo:r at a later date. He said they were trying to improve the loo s of the property as well as trying to eliminate some of the traffic hazard coming out of the property. � rlr. Peterson asked where that direction a,�ne from, and �;no decided what looked better. P•ir. Boardman replied tha the direction came from City Administration and also from ihe zoning odes. He said they were attemptin; ' to upgrade the City through beautificati n programs, and were �•:orking t�;ith all of the major shopping centers, such s Shore�rood. He added that the City Council approved the landscape plan for Shorewood. iie said there c�ras ' direction, it was not a hit and miss typ of operation. T•Ir. 3oardman added that they had also talked ta Target and hey would be puttin� in parking lot improvements, Holiday had done impro ements and Cub T,darehouse uould be doing improver�ents, Mr. Bergman said th t from a Corr„aunity Development ��,� p�int of view, they supported what �aas b ing described, i•rithin reason, and he didn't lmow who �•ro�ald be doin g this i not Cit y Administration.. ' ' ' �� ' V_� ' ' � rlr. Langenfeld said he could see Stafi � s ��ere concerned, but he felt there alread and it would be placing a hardship on th this unfavorable situation. P�Ir. Boardma was that if they approved the Special Us should be careful not to establish a pat see established. C:nairperson Harris said that as far as F went, he £elt the City Council had alrea curricular uses oi par�cing lots (i.e., F3 if there was � a�reement F;ith P•1r. i�Iorte toilet faciliti�s, and NTr. Toth replied i acilities L9].t�'lin t:�e shopping center. were from the Pako ��stablishr�ent, ana rx t�:as 1�0' from the �::ilding and the facil :iarris said that OS:-IA required the facil Tath replied they iaere not witnin that a to outside sources (such•as �the Ground H standpoint as far as aesthetics existed an unfavorable situation s petitioner to try to correct said that all they were saying PerMit on this property, they ern that they might not ��an � to rking lots and establishing patterns y established a pattern on extra liday tra�ler sales). He asked son or the Lee .•lards Company for hat there tirere public restroom r. ifarris asked how far away they Toth ansz�ered that the structure ties tirere just do:•m the hall. i,�r. ties to be zaithin �00' , and %Ir. d added they iaould then have to go und.) to pick up the.facilities. `�rs. Sc}uiabel a�ked how this particular pot was determined, and i•tr. Toth said ne had request�d an area close to t at because it was one of the areas whei•e ttiere was least amoucit of par:cin�; ut with good visability of the buildin�. 2•Irs. Scnnabel asked if T�r. To h would object to leasing property ' . . �: � , , , �J ' � , u Planning Comnission P•leeting - Jan�ary 5, I191? on the South end of tre parking lo�.area bank, and he replied tnat tney operated they.needed !�0 - 60 cars a day to be suc and 20 - 30 to pick up film, and if they they could pick that up. r:rs. Schnabel area from Nlendards, and ;•s. Tath explain 1�r. P�ortenson, but he hadn't asked for a Pa�e.S 7_D towards the rniniature golf and the if exposure�. He explainec� that essful; 20 - 3J to`drop off filr�� were on the far end he didn't think :ked if he had tried to lease any � that property �rras also o��med by Yt'�ing there. 21rs. Schnabel stated that ner greatest co cern ��as the tra�fic flow coming out of �iena.rds, �which didn't stop f'or the st�p sign. She said she felt it would be unfair to this petitioner to nec ssarily base.his approval on the City's attempt to clean up•that egres oui of that area. Chairperson Harris asked ASr. Boardraan if out some sort of a driving arrangement s they went ahead with the orioinal propos would be parking stalls to tne ti�lest of t said yes, it was just his attempt to try pattern flot,r. ey would still be able to work lar to what he had suggested if since it would just mean there photo building. 2�Ir. Boardman start a direction in the traffic rir. Toth said that t:�e curbing suggested y the City alan� �aitn the land- . scaping and trees would be an additional xpense to Pa'..o Pnoto of at least $1,000. He said that may not be a 1ot of�money to some people, but it was to. Pako as they were just starting out in this business. Mr. Langenfeld asked �rrhat would happen to the cer:�ent slab if the traffic . flow was such that the business was no lo ber prosperous and they pulled out, and ?�ir. Toth replied that if ior som reason the;� couldn't ma�ce it, they ��ould remove everything and put it b ck in the original condition. 2�•Ir. Peterson said that if they were truly working to make an improve:�ent in the traffic pattern, which may or may ot come, why not allow the petitioner to put in the type of building tha� he or'ginally proposed without the curb and other things and then if they �aanted ,im �o move it in three years he could. Mr. Toth said that once the buildi g Vras down, it �•rrould be peri�anent, but he felt it may act as a traffic control. i•1r. Bergman stated that as he viewed the t�ro plans, if the City�s proposal ' was adjusted to allot,r nose-in parking, the the t�:.o plans becarne the sa�e. I°Sr. Boardman said that ��as correct, tiitn t e exception of the wider driving aisle. ' � ;;rs. Scnnabel asked if rlr. 3oardman could ecall the traffic count figures �or that corner, and he repliea he thou�;ht ii was somethin�; like 19,0�0 on 53rd� the traffic on Central was around 27 OOJ and a.bout 50,00� on the inter- state. �irs. Schnabel sai.d that ti¢as a lot f traffic at that intersection. Chairperson Harris corunented tha�t he thoug � there, and P•Ir. 3oarci��an sairl tiiere were no Iie said th�: roa� ease►nents were only to tti was private property. ;�ir. Harris said the, to do anything as tne canter was built fif ' done yet, lie stated that t'rie City ini�;ht a intersecti.on that tilas needed and conder�n t: ' t the City hacl sone ease:nents in road easements, only pipeline. service drive, and the rest iaere IlOt �O1.Tl�; to �et i��r. r:ortenson een years ago and nothin� had been �rell sii; do��m £i11CI CIE,'S7.�I7 an � land and take it and assess ' � • Planning .Commis:,.ioh ;-ieeting - .Januaxy 5, 1977 � " UPON A VOICE VOTr"., all votin� aye, the , , ' F ' �li r� ' CJ ' , ' , Page 7 . carried unanirnously. Chairperson Harris com�nented that he tho ght at some period of time the Planning Corn�mission should make a recom.-� ndation to the City Council on that intersection. Nr. Peterson said he would like to see a recomrnendation from City Staff so the Planning Comr�issi n could make a recommendation to Council. i�Ir. Boardman said he would �al to the F.Yigineerino Departmen � to see if they could put soMething together on that. 2. CONTINUID: PROPOSED t-tAI�ITEI•dANCE CGD� MOTION by I.angenfeld, seconded by Peter receive the haridout concerning the I�Iain all voting aye� the notion carried unan , that the Planning Commission ance Code. Upon a voice vote, usly. Mr. Eoardman said that at the last meetin the Proposed :iaintenance Code was on the agenda, it had been suggested hat the residential section be broken out from the rest of the maintenan e code and set up separately; . and then within tnat look at it accordin� to Interior and r.'�.cterior. [3nder "Interior" there r�rould be Health and Safe y, and under ""r�l:erior" there would be Health, Safety and Appearance. e s�id they also looked at the minimum standards of the Fridley rlainten ce Code versus those of HUD, aS:�A, and tha Unifo=^m Fire Code. He said he i73rit2C1 t0 mention on the HUD minimum property standar�s that FIUD w uld not do the inspection on the property if the comrm�nity had a r�aint nance code. He said the reason they wouldn � t do that was because they t�;e t to the coruriunity first of all to narce sure it met their code. � Chairperson Harris asked how OSHA got inv Mr. Bergman said his impression was that and welfare of an employed person, and s concerned about the maintenance personnel Schnabel also suggested tne possibility o Mr. Harris brought up the possibility of Mrs. Schnabel asked. if the responsibility property owner in terms of maintenance pe the ultimate resp�nsible person was the p but the probleM �fras making t:�e people a�ti•a rlrs. Schnabel asked if it i•ras necessary t: conform with OS:iA, and 1ir. Iiarris said it OSF�A. r�r. Bergr:an said that OSHA dealt d they didn't contact the City at all. lved in residential property. SHA i•ras involved in the safety ggeste� that perhaps tney h�ere of an apartment building. T•Irs. a maid emplo5-ed in a home� and aintenance and gardening person.�el. c,ras that of the City or the ple, and �•ir. Hax•ris said that operty ok�er or the employer, e of their responsibilities. at a City�s maintenance code sho�zld not bs in conflict t•ritr rectly clith the property oi,mer; rlr. Boardman said that concerning the iire code, the Cit,y of Fridl.ey has not adopted a Uniforrn Fire Co�e at this ti e. He said if tney did adopt it, it would be less stringent. rlr. B�rgman said he was a bit puzzled �rith these codes. He noted that itein 1 on the hando�;t �as utilities and there w s a iiUD r�;ference. fIe asked about the Natzonal Electric Code� State Plumbin� Code, Uniforn Buildin� Co;ie, etc.� all o�'Vrhich �aere concerned with utilities He said he still didn't know 7F � Planning Commission Meetin�; - January 5� 197? 1 ' J what all of the concerned codes were, an in that.� He said there were man� codes and only one �•ras beino referenced---LiUD. them �,rere based on the Uniform Bui.ldin� State. r;r. Bergman said that concerned and not naintenance, and AIr. Board:nan sa the HUD minimum pr:,.,erty standards, the dealt Vrith maintenance of those items. Bergman asked if i�ir. Boardr�an was sugges and with regard to straight maintenance and the others he had mentioned c�rere not basically correct. ' ?ir. Bergman said it was pertinent and ve: Fridley code was less stringent in some � ' stringent, and he would assume there �rer+ �ir. $oardman said he would have to do mo: .said he feit the handout was to be used ; , was tougher. Chairperson Harris comment� home and study it. Pag�; 8 7G he didn�t think he V�as alone dciressing thernselves to utilities, I•s. Boardr�an stated that most o£ ode i,�hich had been adopted by the tself with ne�r construction only d that was t�hy they had pulled.out ire code anct CSHA--because.they fter sor�e further discussion, P-ir. ing that�this theme had been researched UD was the only applicable code and P•1r. Boardrnan said that was y notable that, as proposed, the ases and in some cases nore some logical reasons for this. e research on it. i�Ir. Langenield s a comparison to see ti�hich code 3 that he would like to ta'�ce it MOTION by Shea, seconded by Laxigenfeld, t continue the proposed P•laintenance ' Code until the next meeting. Upon a voic vote, all voting aye, the motion carried unanimously. , ' ' ' 3. CONTItdUID: HIJi�iAIV DEVELOP�IEFIT GOALS &I OBJECTIVES Ai0TI0N by Langen�'eld, seconded by Peterso , that the Plannin� Corti�ission receive Goal Statements D1�00, D500, S100, S200, 5300 and S�tO�. Upon a voice vote� al1 voting aye, the mo-tion carried anirnously. P•7r. Langenfeld asked if this would be put into booklet form �rhen it was completed, and r1r. 3oardman said the;� wou d be receiving a booklet. ' rir. Boardman explained that in the Hur,ian evelopment Goals and Objectives, D1t00 dealt mainly with providing essentia human services to the community such as day car�, information and referra services, and that type of thing. ' He said that D500 dealt maiiily t�rith effec ive human understanding of youth� elderly, minorities and lifestyle differe ces. ' 1Ir. Boardman said that as far as the Se had broken them dohn into four areas: health (all phases of environment), and ' i•1r. Lan��nfeld stated he would 1:ike time 2�i0TTOP�I by Langenfeld, seconded by Petersor , continu� the �iwlan De�elopment Goals and ( Upon a voice vote, all votin� aye, the r�ot ' ' ty Goal areas were concerned, hE ice, personal health, envirorunental e and other disasters. study and reviezr this. , that the Planning Comriission �jectives until t}ie next meeting. Lon carried unaninously. ' Planning Corru�ission Ideeting - January 5, 1977 ' , !�. RECEI1iE APPF.ALS COi-IIiI�SIOTJ 1�II:v'UiLJ: ' , ' n�CEt•IBEiZ 28, ��76 Page 9 1•SOTIOPJ by Schnabel, seco:�ded by Langenfe d, that the Planning Corimission receive the Appeals C��ission minutes o Decerlber 28, 1976. � Mr. Landenfe3d noted that the Appeals Cc financial hardship. 2�irs. Sc'ruzabe;. said Attorney and he :•ras goin�; �o give her tw of whether or not the claim of dev�.luati valid claim in variances, and the other feasibility and if there �ras a relations and economic hardship. r�Ir. Langenfeld a which started a11 this, and rirs. 5chnabe tir�e that economic hardship �ras not a va She siated that in the memorandum issued talk about econornic feasibility a.nd it c decision, and the Appeals Commission wan of e�onomic feasibility Fras. She ac'.ded could be a totally different ball game t: UPUTv A t70TCE VOT�� all voting aye, tne �5.; RECEIVE EPIVIROi�1I�SEPdT�L QUALITY C 7H imission real.l f go � going on :hat she had tal�ed to the�City � opinions; one on the question �n of an adjacent property is a ras a definition of econo�ic �ip pett•reen economic feasibility ked if it wasn't econoMic hardship said there �ras an opinion at one id excuse for approval of a variance. by the City Attorney, he did me under a P•�innesoia Supreme Court ed to know what the interpretation hat she could see that feasibility an hardship. on carried ustanirr!ously. Tn?U ?.?Tr.ntmr: c . n�nr,,s�r. � �, � ' MOTIOPI by I,angenfeld, seconded by Peters n, that the Planning Corv�►ission receive the r�vironmental �uality Com�is ion r�in;ites oi December 21, 1976. . ' ' � �� i�Ir. Langenfeld stated that the City Coun il approyed sponsorship oi the Fridley E�vironmental Quality Commission in regard �to the 208 �•later rianage- ment Program. He said that �letro Counci would be conducting this meetin.�, and it would ta'.Ke place at 7:3� P.i•i. on anuary 18 in the City Hall Conmunity RooM. He said the general topics taouid e;�;�ater and :��ater Treatment, Management and Financing oi �•�ater ;•►aste ogra�ns, and discussions on 'Polluiion. rlr. Langenfeld said he �rould like to ind cate that the topics i�ere re�ional and the entire me�ro area could be affec ed, so therefore they couldn�t refer speeifically 'to 1`oore La;�e or �;ice Creek, but they v»uld be indirectly affected. He ur�ed all the mer�bers of t e Cor,criission to at�end if possible, and added that tne Leag�ue of ��omen 'Voter would take care of the publicity. ' 11r. Langenfeld brought the Corimissioners attention to the second paragraph on page 3 of their minutes, and noted th t their involve��ent was very forth- coming in regard to the Land Planning Ac . He said thzs w.ould involve a lot of changes with re�ard to state planning of parr::., and open spaces, etc. ' Chairperson Harris co;�nented that he �iad attended that m��eting concerning the Land Planning Act, and it ��as a r�al can of wor:�is. ' ' ' Chairp�rson Harris asked if there t•rould 1 the rlineral i:`�ctraction Ordinance, and AIr, He said he ti�ou�;nt this Commission :aould more enforceable than the present one. e a recorimendation conin; forth on Lan�enfeZd said there c•rould be. find the ordin��;lce would prove to be ' Planning Comriission Nleeting � January 5� 197? . f � . . . I ' P�:ge ,10 ' 7 � 1•Ir. nergman noted t�at the Environmental Corunission wras still getting concern regarding the East River Road Project. 'e said his recollection was that this body ne�er did make a reeommendatio to City Counci?, but sent the proposal to Corti-rrunity Development, Human Resaurces and Par�:s & Recreation for revie�ri and response. He said the su commissions responded, but he didn't recall .�rnat becar�e o� it after th t. I�Ir. Boardman said the Planning Co:nr-lissio sent it on to City CounciY ti•rithout a recommendation on the moratoriur� and s ggested that a transportation plan be made for that portion of East River R ad. He said he would researc:z this , to see Vrhat happened to it and put toget.er a status report on it. UPON A VOICE VOTE, all voting aye, the 6, oTx� Busz��ss: tion carried unanimously. � 2Zr. Langenfel.d said that he had attended the City Council meeting last � �Nionday night and got the impression that they didn't read the Plannin� ' Coru-nission minutes. :-ie read from the Ci . Council minutes concerning the ?�uman �.esources Commission's request egarding "babies" and "Annies" for the C.P.R. Program, a.nd said that whe the Cit;� Council took this ' up they appeaxed unsure as to what tne Pl ning Co�mission recornriended. Mrs. Shea wond.ered if Cauncil �gnored the f act that the Fire DepartMent haa an"Annie" and a°baby" of their ot•m. f, Chairperson Harris said he didn't think t on this, and asked 2��r. Board.~�an to reques them a report on this. I•ir. Langenfeld. sa , of proper education in saving lives and w taxpayer's money. �Zrs. Shea said it had Planning Cora•nission r►eeting ihat �his t•tou � budget. ' , .ey should let the ball drop � the F�se Depart�ent to give d tney ��rere tal'�ing in terms re not th�astef.ully spending een brougzt up at the the last d corae out of Human Resource's rir. Lanoenield said he would li�ce to indi�ate tnat perhaps tne Planning Coz�ri.ission should be more specific in ;aha their intentions i•rere. ADJOU�.ivr�1E�VT: ri0TI0N by Peters.n, seconded by Langenfel , that the meetin� be adjourned. Upon a voice vote, a11 voting aye, Chairp rson Harris declared the Planning Comr.►ission meetin� of January 5, 1977 adjourned at 10:05 P.�1. 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A�r �� at R� ;.� � � I � � T , I � � i t'° °'� i � � _ _ i 1 � ��:, i. l , ^O•�G��- � i ' � ��, , , �,� � � � 1 i .: A I G =' ,�,� :" `n "' ' � 2. � � f.v y b� . �"` . � ( � i �� 1 I � g N�:` t.; �—^ ; i ; � i , •,,� � � -, �' : -. z .i �±.: « --- ' ' �f^ � �� xas -' k�._,. 4=--- � 1� .2� _i�t _. A-`^• - -.. ,_... . $2r�J0 -i:'� .�. ---.. ' . . . . . _...__. ... . � , � � . � • �.. S ✓ • •1 � A Y S 'O a S :/ .Q ,: A � ( _ � V� . �� + _. ___._ . . ._.. .._.,.' _. f lf. � _""._' T'..� . • � 1 � � _\� � ,. \64'f • � � � ! �_-- � . :.s:_� r-.. ' _. . __....' _ "_'�.._._;.. _'_ ._ - �-_ . � - —_ � ..__. ._. . _ .. _. .. . v- -. -��.�. ��-• � . ...-� '.1"_� � _ ... '. " .�.....+ � I ' � r �� UFF I C�. U1" TI-I� C I TY MAI'�AG�ll C�TY Or ►=1�IDLi�Y �Ef�Or;�;(��Uf'� FROf� THE CI�(�Y f��,N�,GER TO: PUBLIC WORKS DIRECTOR D�TE : JANUARY 3, 1977 - MCMO N0. OS-388 Resporcd hy: 1/6/77 cont. to: 8 R E: HOME WIN7ERIZATION PROGRAM BY ANOI�A COUNTY COUNCIL OF ECONOMIC OPPORTUNITY, INt See the attached letter from the Qpportunity, Inc. to Mayor Nee. up with the appropriate recommend Thank you for your assistance. NMQ/ms 1/7/77 noka County Council of Economic lease review the material and come tions. Please be advi.sed the attached correspondence indicates a program similar to the program that was reviewed by the City Council in August, '75. Pleas note the attached background information. In 1975 one of t e concerns the City of Fridley had with the program was the f ct that there was no commit- ment that Fridley monies given to tne program would be used within our City.. Contact was ade with Mr. John Collopy, the Energy Director of the winteri ation program,who indicated that at the present time monie donated by a municipality would be utilized within that articular municipality. �� It is recommended that Mr. Cal bpy be invited to present the program to the Council in the ear future. Perllaps with the understanding that service wou d be provided to the residents of the City of Fridley, a furt er consideration of the program could be made. Perhaps he could be scheduled n the January 17th meeting, or the January 24th conference me ting for action the first meeting in February. ' RNS/jm ' f�IVO�CA COUNTY COU�VCIL C�F ECONO ',; , ROOM 306 � 403 JACKSON STREET • AI t PHONE (612) 421-4760 ; � �he Honorable Wm. J. Nee � riayor, City of Fridley 2l9 Logan Parkway Fridley, Minnesota 55432 I ' , Dear Mayor Nee: , IC OPPORTUt�iTY, INC. ��'� NESOTA 3 ��'?: �:� KA, MI N 5530 �- �$ A ;T.1319 � :cember 28, 1976 0 I am writing to request that you ive serious consideration to providing supplemental financial upgort for the Home Wintesiza-tion Program which our agency operates Since August 1975 we have been able to combine Federal Cor,�muni�y Services Administration Energy dollars for materials and U. S. D�aartment of Zabor-Manpower Funding to provide this service. During his time period, we have done a thoraugh job of winterizing 151 h mes thraughout the county. Currently, we have the manpower c gability to continue this progr�m and possibly to expanda We are, owever, r.ot receiving an adec�uate level of funding to provide a suf icient supply of w�interization materials. We anticipate this to be a problem in th� interim until Federal Energy policies and a fun ing mechanism are developed, The Anoka County Board of Commiss'oners a�ter. reviewing the proc��am determined that "it is an extreme y valuable ser�rice to 1ow incame hQr,lec�ti•ners ir. the coun�y and m�st certainly should be con�inu�d . with the support of the county." To show this support, the County oard has alloca�ed $s,000 i;� be used to match contributions wha.ah can be made b� individual cities or townshi s for ex anded work wi hin their cor orate boundaries. This match wi11 be available to c'ties on a first come first serve basis. We wish to encourage citi s and townships to contribute to this program even beyond the coun y's�match limit. 0 Community Organization • Head Start • Welt Se ior�Clinic • Energy and Home Improvement December 28, 1976 Page Two. • � • • Our follow-up indicated that this ervice significantly reduces the fueZ cost to 1ow incame homeowners whzle providing a more liveable home environment. The number of h uses needing winterization work far outstrips our resources. By bilizing county and municipal contributions we hope to have a mo e significant impact in conserving energy for low income homeowners. � I would welcame the opportunity to discuss the eligibility criteria for this program or to contact an low income homeowner which you feel may qualify for this service. Enclosed you wi11 find a copy o� letter of endorsement which we have received from the County Boa d. We would appreciate your prampt attention on this matter. ;. s � SMK:sw Enclosure cc: Nasim Qureshi, Manager 'r"' -✓1' �S�-s- ephen M. Klein ogram Planner �r��7! n �oZlopy ergy Director � �� , ' � i o�E'�� tr a ' ��► � " 4� � ��• . � � . !J � , . r-- I� ��I J � �q7 ; . CC)UNT Office of 0 COURT HOUSE --- Ms. Mary Sallstrom, Director Anoka County Council of Economic Opportunity, rnc. Room 306 403 Jackson Street Anoka, Minnesota 55303 Dear Ms. Sallstrom: I am writing to advise you that t Commissioners by way of delegatio Committee af the County Board, co and 0'Bannon, have authorized an exceed $5,000 for support of the in Anoka County. This appropriat nition that the Winterization Pro out since August of 1975 is an ex income home owners in the County tinued with the support of the Co recently secured Federal �unding is available. �. Y �� I�C�KA the Cpunty Board oi Commissioners . 21-4760 --- ANOKA, MINNESOTA 55303 N.ovember 26,.1976 � � � � Anoka County Board of of;the authority to the CETA �os�d of Commissioners Kordiak a.thorization in an amount not to �mrnunity Action Energy Program �n was made by the Board in recog- :am which your agency has carried �emely valuable service to 1ow id most certainly should be con- ity;until such time that the �r ongoing program maintenance �s you will rec�ll from previous iscussions on this matter, the appropriation of the County Board is made with the understanding that the Community Action Program ill solicit one for one matching dollars from the municipalities w'thin the County. The Anoka County funds wiZl be appropriated to you program once municipal dollar contributions have been secured. I would ask that you, by copy of this letter, inform the various m nicipalities of the action of the Anoka County Board and encourage heir participation in this most important program. If I or any of my staff can be of ass�.stance to you in your pursuit of municipal contributians, pleas do'not hesitate to contact me. With personal regards and best wi important program, I am, �_ _F7�ii�� cc: Albert A. Kordiak Michael E. O'Bannon hes'for the continuation of a most Si e y, Ra�h L. McGinley Executive Secretary � - f S . f � . t • . , ; .� . . �. � . �� REGULAR COUt�C1L MCCT]i�c or• nu�u:,� � �, ��i� ' 8D �CO(lS1bCRA710N 11F RL(�JLST FOR t�t�111LS F0.", lNS i.PJih�G FIVC H014CS ]t{ FRiDLEY:., 11r. R�ymond Crecnan, Anot:a County Council o Ecunoutic 0��portunity, addresscd�thc • Cuuncil and cxpi�ir,ed Lhat Lhe prnqram had c�ccived stn��c� fundin�� and rroulcl havc to . ' have thc r.�anpouer suppl ird and lhis m�inpu�•:e rroul'd be ��ravided I�y the Cuunty. {te , • explained that the.prograin r�ould be cnnduct_d iF1'five cit:irs in the County ar' he ' asl;ed that the City of Fridley contribtlte a share of �tlSU for the program to .�� ConJucted. Hc said this amoun� ti:ould be ��u to ti�e.edst. of thc acquisition of matcrials. I•1r. Crcc�an said thcy rrE:ra i�sin. tlic'fic�ure c�f ;�17Q for cost of labor in the avcrag� hacie and this t•:ut?<icoti�sist of lsi st�y'repair trork in �•�irtterizinq. He cpntinued to er.plain tf�at the cost of �naler'als r'rill range appror.iroately in the area of �l'1U and this �•:ould bring thc �ost fur t i° avcrar�e ha�nc t� S2:'0. 7hcr Cit.y hSanager • questioi�ed �ihat the ,650 frn;n Lhe City be a.{�liecf to. I�r. Cree�!an commrntcrd that ihis t•rould i�ncreas� thg cht!ntes of smico�ie 'n the City of �ric{ley receivinl hel��. 7he City 1•:anayer �+skrd it the City of F�•ic(1 ., do;�s not co�itrihute, does this a;ean thai ►�o one�i►� thc City of Fridley �•�oulcf ra eive this aid in insulation. htr. Creegan •said no. Ne said this pregram��:uuld he run un a first corae and first sr_rve basis to the senior citizens and laer incor��e f�:milics. fi� explained the systeni �•rhere thcy vro��d _ . 'likc to insulal:c five ho;res in thc City af ridley. • Idayor i�ee said his problem ti�;ith Lhe pro��sa is .h�at the mon�y �•:ould be contrih;�ted � frun Lar, dolla►•s and the ptiogr�.n ►•�auld no� e helping eve�'yone in the City. I•ir. ' ' Crcegan said he had also tlrought of this •c�uestior, and ans�•rered th�t i:his pi-ogr�.r� was recu.�m�enc,ecf for use of Ll;e senior citizrr�s ar�o if no'one r:ould apply for Lhe ' program, the mo��cy �•rould be turr�ed back to the City. . �'7he City Attorney �uestioned i� any o�inic� had been sougi;t ��om Yhe Attorney General concernir�g thr.•use oi' tax money c:► this basis. F��. Cree1an said he had not talked to the Attorncy Ge�;eral. Th� City Attcrn�� questioned if it �•;ould be possibie to use tax money to n;ake priva±e ir.prc,vements on riv��te property. The City Rttori;e;� mentioned that if anyotie in the future i:ould.a:ant pri��ate lmprove,n�nts, the City Council t:ould • have a hard tin:e d�•a:•ring tne 1i;�e. • Councilman Fiizpatrick as{:ed i•f.t(iere t•rere rratching funds involved and hir. C.reeyan � • said no. Coui�cil�r�an fitzpatric'r, e::pressL� ti�e vie.� ttiut t►�:: ratter sl�cuid be checked into to dctermire if 1:I�is �•:oulc! .h� a legal' c�::rutioil. . ' Councilr�an [i�'°ider �uesLi�ned �I:e letter r cr.i��ed b�� {•lr. Creega�} and asked if ' contributions �•;o::ld be requested as r��e��ti r,ed in Lhe letter. I�ir. Cree;an er.plained '� that Lhe senic�r cii,izens w�uld be able to ay pa�°tially or fully the costs �`or suci� Yrork. � . ' � Councilman �reicie;• asked ho;•� the mean ti•�oul b° establishc:d or crite�•ia for those �rfio a�•e eligible. !•ir. Crec9an said the p�cgr•a�a a:ould be established by econamic meuns and tf�e lc�►•r i;�come senior• citizen !:�o ld Uc involred. . Councilr.�an Star��:al� q�:estioncd t.he p��ssi.�� itv af some type of as•:areness pro,rara � and said ihis m�)� be r�ore ��o��tl�erhile than he pi�oposed pruclra;�i in the long rar,;e. Fir. Cre2gan said f�e �•�isl;ed he cauld do butl kic�ds of pro�i�icnin;. . Councilman Stawrralt asked ho.v the prc�gram ��ould be publicized �.o allo�: thepc�ple to knoi�r it is avail�bie. tSr• Creegai� saic; there has not. been �?n}' notif�ic� i:ion to � this fiime, but he .�:ould be p�tting noiice in thc� vai^ious nev�s�,a��crs in thc Co:�rt.y. Councilt•rotnan Kul:o,:s�i dsk�d La�•r tl�^ �17(1 f rurr. t�:as ar��ived at. She said that her home h�ici rec�nll,Y h;��n 'iizsulatcei and she ci d not feel that this arould cover t!�e eost of the insulation of ttie attic. t4r. reec�an said ilie proqi�•am rr�uld only co�rer � min�r repair �•rorf:. , , . �fayor �ee a9ain mentioned he a�ould ha��e so :� prohlcm �n appro��n� tax mu��• �� home impro��en!ents. 1•tr. Crec�an. said he ��:a�ld cc+ntact ihc Attc+rneY General on this question. . ' Councilt•�om�n Y.u�:ot•;ski asl:ed if an cner�.y s min�r ►aould be s�ore valuahle at this time. Fir. Cree9an said a'. thc present time, he elid'nut havc an�� iniormltion to prov�de the Council on. Lhis typc of }�►�oc�ram. � , FSr. �Creegan sun�ested that the Cuuncil not n�al:r a decisic�n on thc propo5al until thc� toming <<ccl;'s mc�tin� and hc.ti�iould eont.ac tl►c 1�Ltorn^.y Gcneral. MOT10N by f.ouncilrrauk+n K��ko�vski to tablc� hc co��si�icration ofi the rcquest far thc insulation of fivr. hc>m��s in Lh� Cit:y oi �� idlcy' u+�Lil Au�lu�.t. l;t. 1975. Sccnnd�:d by Councilin,�n ltr4�i�!c•r. Upon a voicc vutc. all ��oting ayc, Ftayo�• P�ce dcclarCJ thc • nrotion carricd unanimousl��. ' , � ... . ...... . . ... . . . .... ... . , �. � � . , .... . • . .. . . .. . .. . , �, i �� ■r . �� . 0 ' REGULAR COUNCIL ME�T1t7G OF AUGUS7 18, 1975 �, I FAGE 3 The City htanager said there !�ad heen a concn�nication from the ALtornGy for th.e Islands of Peace indicating approval fru,n both partics. M07ION.by Councilman Starwalt to authorite the admini tration to pay the interest due for the Hayes itiver Lots on reccipt of the funds from the L!ia�s Club for the Islanc's of Peace Found�.tion. Seconded t�y Councilman Starti•�alt Upon a voice vote, all voting aye, FSayor Nee cieclared the motion carried unanimousl . • . Mr. Ellis indicated that the check aiould be at CiLy H 11 the fo1lo�+ring day. RESOLUTION M0. 170-1975 - ADOPTI(,G THF AfFIR1iRT1VE P,C IOW PROGRI`,t•i: htayar.tlee asked if there was any additional discussi �.by �he lidministratiun or the ' , Council. � , , Councilman Breider asl:ed if i:he portion of the Prpgr m makin�� Lhe City Co�u�cil the arbitrating bo�y had been deleted. The City Flanager said ��es. . FiOTIUtd by Councilman areider to adopt Fesolution No. 170-1�'75, adoptir�g the Affir��ative . Actib,� Program for the City of Fridley. Second°cl by Councilraan FitzpatricE:. Councilman Breidc�^ noted that he aras approvir,y•the , the implemeniion of the program. UPOh! A VOICE VOTE, all voting aye, Itayor Nee uecla .� � 0 CO��SIf�ECATIG�; OF A REQUEST �OR h;��•ilES FOR IfJSU(f,T -- �;-�. —. — �gram, not the memo concerning thelr;otion carried unanimously. FIVE'I;Oi;ES Ji� FRIULEI' (TA.�'LED 8/11/.,. The City At±orney �aid he had tulked to t•ir. Creegan nd hSs�. Cree9an said he vrould not t�e rresent at the cur��e;�t n!ee��ing. -He also cor:�r.ent thaY. iie h�d talked i�., t':�e.4ttorr�y General's Office and had bcer� aavised if this n�'orr is aprro��c!, the Ci�y should send the pruposed action plan to �he Attorney Genei• 1's Oi�fice in v+ritting. P1ayor Nee asl;ed �f the City of.Co�n.Rapids h%d been co�itact��d and the City ��ttorney said y�s. The City �t�,orn�y said C��ii Rapids had s id th�i this rlas a small ii:e�i. ' Couricilnan fitzpt��ick mentioned *hat alt2rnative pi the previous meetii�c� of i,he Cou��:il. l�taycr f•!ee q�!� would be more acceptahle. � The Ci i:y Attor•ney su ; d i f the C� ty Counci l di d no c suggestions :FOr a't ternati�•e proposals, he +•rould be Councilman {"itznatrick :r.entioned iie questiane� the affect atl o{ the people. � The Ci;.y Attarney said it �-�cu�d be passiblc �er ti, they c�o not care to particinafie in tijis prugram bu otl�er sugnes�;�ns. posal's• had bcen meni.icned �t i:iar•eu if the ulternative praposals . ant Lo [`1t't1C1Fd{'E: and off:r n agrec:�:�.nt tiri th i:hi s. �i�opasal since it d�id n�t City',(:o.:;�cil to indic�.te that �tioulu be will.iny fio i.alk ab�trt . • � • f�0„UPd hyCou:uil��man Kuke.,"k� to i�.dicate ti�e Ci � Ceuncil is noi 1rt21'!'St:.ed in this �� ` particular pro{�osal, but �•�ill lo.�l: at aiter��aiic�es and asi:s ihat sugges��ions be made. � . SecondeJ by Ct�urn:;lu�an Starwalt. . , � • Councilman St.ar�•��lt sug9ested something along the in�s',af an er.erqy sc�iinar. Ne also ; sug9estect.ihat tne resioents r{ Che City Lc scrr�n d ta do+.�e up �•�ith this ty�p�� oT . ; st�ggesiion. Pfa��or i;r.e sdid he felt an eif�ctive p oqrai�l in tfiis a►•ea aoa�d b� v�ry � expensive. Hc; said curre�itly ±hc nas and elcct�•ic cc�m;:ainies h��•e iat�nsi��; �rr�yrams in � £I�UCdi10►1. h?ayor P;ee said if the propusal ►•:ould G to �i� to the hom�s ar.:i n�.�F:e t "sug�}c�tions i:o inciiviJual i;cn;i�. o��ncrs, tI1iS Wo��ld "nv�lvr a 9: caL •deal M r�oney. � l UPON 11 VOIC� vot�, all voting �.yc, Ptayor Nea dreja cd tFic r�otion carricd unanisr,ously. t . CQNSICI:RATtOP! OF RCQU;:ST t�(lk PI:OPbS[D 11E\'fLDP�•;CNT 'V f_A�T RIVf.R R0�11? A7 %SaTfl l•�;�Y "t.'E_ �� !iY N:_h!I►rlii i.i1,;FliR�'i7��Ni�_`___________._� __.__ _.__ ...r._. — --. , f i _ ----- - --_ .. .. : . The Public 1•�or•Fs Director explained tlie r�que�t t be f��• dc�velopment oT i.he southcast ,' corner ot 7nth and [ast Rivcr Itoad. tfc 57i�I.�t th ��tnC'' �F' il�c oi�i��inal r�:��ucst for � � varia�uc in Jun�. t.ha City l:rnmcil concurr�r� �ri h thc! rcco,uu��n�l,iticm of thr. L'oard : of Appcals and g►-ant.:.d t!�c v�7ritinces wilh thc� sli u1�ti�ii�s nn 1'a�c b-!1 ot Lhc ��genda. , ' . � . _ � . • ._� _ '� ' ANOKA COUNTY COUNCIL C1F ECONOMIC �OPPORTUNITY, �NC. -� 42�1 •4760 - Ex1. 236 . • Mr. N�sim Qu�reshi �� City of Fridley 61�31 University Ave. Fridley, MN 55432 "�' � a � � �.� , Dear Mr. Qu.ereshi : • A a �fMUNlTY �tCTION PROGRAhf house, Anoko, Minn. 55303 y 1,� 1975 � , 8F , i, � .. - �`. ��' 1.': . �'' • ; � /, �r �; � !/ �,- ,,�', . Our agency has received a total of $3 0$ from the Goyernor's Office of Econom�_c Opportunity for the purpose f instituting an energy program which woizld, in some way, cut down on the cost of energy. In order to receive this money, we have had to provide some type of local match. The county has been kind enou h to allocate $3,000 worth of employee time. Our plan is to buy in ula-tion supplies with federal money and to use county empolyees to nst,ali...these supplies initially in the homes of county senior citizen . . �The or_ly requests we would make of th they have the potential of making vol .: supplies 2) That they provide us t•�i ' �.current h��in.�ill and their heatin we have some idea of what, if an�no e'families would be: � 1) That� tary contributions for the information._concernin thPir bills a yearirom �n.ow �So that v-has been saved. I am sure you realize that $31�0� will not go very far towards the creation of an energy program. I have estimat d that the average cost to insulate a house will be approximately $170. his means that we should be able to insulate 20 area houses. 1��'hat I suggesting to various communities throughout the county is that they pr vide us a small amount of cash, to aug�:�ment the initial grant. In th case of Fridley this figure would amount to $$50 (to insulate 5 h uses). This money would Ue . used to�tally for Fridley residents. ._ T would be grateful if you would cons'der funding this pronosal�as it is my feeling that many disadvantaged are undergoing severe economic strain in order to pay their heating ills. I would gladly try to an�swer any c�uestions the council memb rs may have. I appreciate your tirne and consiaeration. � � � . ' Si cerely . � . . . � � �� A . � EI�mJ�tatFng Poverty mond A. Creegan cu�ive Director rjits Everyorte 0 ., � '- MEMO T0: Richard N. Sobiech Pi . � MEMO FROM:<�Q _�homas A. Colbert, As; , DATE: January 10, 1977 � ' SUBJECT: Bid Opening - Removal laneous Concrete Curb On December 21, 1976 sealed bids we licly at Fridley Civic Center at 2: of the bid tabulation as they were Upon review by the Engineering Divi the Sig Tenold Co., Ihc. did not ap engineer's estimate. The matter wa Attorney's office and upon Mr. Herr was made with the Sig Tenold Co., I. mitted. The attached letter was se upon understanding reached by the C Inc. Based on this new information the HALVERSON CONSTRUCTION C0. in t $14.75/LF for Proposals "A" � "B" r ,, The Engineering Division then compa � the telephone quotations received fr home builders and their subcontract the low bids submitted can realisti , the property owner while maintainin moval and reconstruction of curb an ressions on the City's roadways. � Therefore, referenced � COMPANY. ' ' � , ' ' it is our recommendation project be awarded to th TAC/jm cc: Mr. Virgil Herrick iblic Works Director >ist,ant City Engineer � Replacement of Misce,l- � Gutter � Driveway Openings �e received and opened pub- )O p.m. Attached is a copy �ubmitted. �ion, the bids submitted by �ear to be in line with the > referr.ed to the City _ck's advisement, contact . ic.',to verify the bids sub- it confirming the agreed Lty',and the Sig Tenold Co., the apparent low bidder was ie amount of $11.25/LF and :spe�ctively. �ed',these unit prices with >m �l survey of independent >rs'and it was determined ;ally provide a savings to ; a 'uniform and proper re- i gutter and drive��ay dep- the contract for the above � HALVORSON COVSTRUCTION ' .i � � N � O W ro ¢ � C J � p 7 J � � U • � . V � o ..�., o� � ` [i. � 0 b >. L � s. v s- � c`,' � � "'_"-_ .-�..�.r u 1/r r a c .i- uo � Q. m � . � ' � � w +� H R' CY_ � � W W i � W t- � C d .J l+1 •C '•" � p Q' �.- >- 3 w > H a O ' ' � o � v 4 •� Q. � W OD ' � J • � O � p U. +� . z o �c , `t n�. �� .= ' � � u w{- _ 4j � '' ^ • C9 U � N Cl ►r Y U ►z-a p N •r -r Z U ^= Q C 3- ta! • [i] 7 Il 0. ln N �- Q � � � n W U � � W O . � z, W • 4 w � OD Q Z(V. C:3 4- l+� C� O_ . .JJ (.-� W w Y • (> A J W •C � N Q � r � � It. O F- •' w +� v . �, � yZ.1 •C •S-. v � n � ¢ o. w..� � � w , z n°. +-+ • Q O 'r C a c •r- J a a� Q > 2 , � 0 a m � O � , ' � • K O K � , � . V M 4 �.�+ O O n n ^ t0 �- N N X N n � N � � �ri an � n d w O u'1 M � N � � 4'� C rU� �um° c ro v b � � (' M� � �r � V O K N N � � �JN "� .J W NQcI; y`�a :C tt J _.___._.__-_ M . 1�" . � O r O ^ M �- N K N O O O f0 O !<~is O O .• � � O O ! O� � . I O O t0 � +�a 'o N, ' C • N �� m m �j�m d Z V/ V �� . . � ^ � , � M � A !�^ V1 ��I w � v ` � � > M Q�-� O"..J tJaln N � W. � l.► �•-1C � CI OQqt'. � �N} � - wrh. WmZ 4! N .�vNV1 1�7�N �OK� ~� .�-.00. . .�Q.��O�O Vd'vpl 1f1r.� � .. . , . . .� � � . , . 9A 0 r. / • f � � � . � L�iY:'' i;.� • afrY,6::i�'i"1i:7]{ii'� � � � � •:�'tl Is�,�T1i �: v � i +��. �" '� a �i : 1- ,,.,,�,.,,,. �r;•,y,�.. , .j r: :,, 1. r ,. i . .�:.i ;rL:��. �ti ' � ;'►,. / !', �f. / ',''; ;�:.y v, � �i:. t�' 6A3t UNIV�RSI7Y AV �;�� -:' ; / December 30, 2976 ;t �,:_�, �%�� :� :�., i� '' •� "� , �' Mr. Sigmund Tenald I�•' }• i r . /f :: �:��` ,� c/o Sig Tenold Inc. �:,�:.; �;7 %' 10741 Beard Avenue So. f�`�"x".: '� glooma.n ton MN 55431 G : ii�:3�� ' � � � , t ' ' Re: Bid Submittal - Removal a laneous Concrete Curb and 0 ��°�"��P' r ' �- �; ��..��'� NUE N.E., FRIDIEY� MINNES07A g B , . 7ELEPNONE ( 6;2)579_-3A.50 d Replacement of Miscel- Gutter and Driveway penings � Dear Mr� Tenold: . ' This letter is to confirm our onv+ersation this morning regarding the unit prices subm tted by you for the above advertised project. Based on ur c�nversation, it is my understanding that the unit pr ces,of $16/LF and $19/LF you submitted for Proposa7. "A" and'�Proposal "A" (Alternate) respectively, were accurate an re'flective of your in- tentions. This propasal entai ed,the removal of existing concrete curb and gutter and i s r'eplacement with a driveway-depressed concrete cu b and gutter section. It is also my understanding th t ihe unit prices of $8/LF and $10/LF you submitted for P op�sal "B" and Proposal "B" (Alternate) respecta.vely, were not indicative of a total. unit price cost but rather, re lected an add-on to the unit prices you submitted for roposal "A" and Proposal "A"�(Alternate). This would i dicate a total unit cost of $24/LF and $29/LF for Propo al "B" and Proposal "B" (Alternate).respecti.vely. Thi proposal entailed the removal of existing concrete c rb and gutter and its replacement with a driveway.--de ressel concrete curb and gutter section with the additi n of :: 3 foot deep con- crete driveway approach apron 6 inch4s thick. Based on this new und�rstanding, you would no longer be classifi.ed as t}ae low bidd r and the contract would be awarded to the next appare t lc�w bidder. It is our intention to award the contra t at the re�ul�.r Council meeting of January 17, 1977; herefore if you have any questions or ii our interpret tion and understanding of your submitted bid is not acc rate, please respond in 4,�.��,,oti 1� s � u �� ; �� : 7� �a` /.yG,',�;u 0 Mr. Sig Tcnold - - ' � 12/30/76' wra.tir►� by January 1D, 1977 and we 'will review the above informat�.on. If no response is received, we will assume that you are in agreement with his information and the contract will be awaz•cled approp iately. Thank you for submitting your b d on our proposed pro- ject. � . Sincerel.y, . ' ., � . .... . Thamas A. Colbert, P.E. � � ' Assistant City Engineer TAC/jm Certified Mail .. ' � :, . n 9C 0 � , _ '' MEMO T0: MEMO FROM: I I DATE: � , Nasim M. Qureshi, Cit Richard N. Sobiech, January 13, 1977 Ma�ager bli� Works Director SUBJECT: Street Sweeper . The City of Fridley opened bids for a stre�et sweeper on January 10, 1977. Again, as has ha pened in the past with speciality-type equipment, only one campany was able to bid on the specifications. The only bi der'was Road r4achinery and Supplies Company with a net pri e bid of $_34,950 for their Wayne Model 12 4-wheel street sweep r. The Wayne Model 12 met the specific tioins as required while : no other company had equipment acco ding to the specifi- cations. To ensure that the price bid was a ruly competitive bid, . , investigation was made into the cos paid by others in pur- ch�a�ing a similar piece of equipmen . As noted on the attached memo the lowest gross purchase pric w�thin the past year ' for seven purchases of similar piec s of equipment was $43,180 as compared ta our bid of $ 1,593. ' � ' II � � ' From the results of the investigati n it appears the bid for the City of Fridley was quite c mpetitive and substan- tially lower than expected. Approp iate monies have been budgeted for 1977 to purchase a str et sweeper. With the above discussian it is rec mmended that the City Council award the contract for purc ase of a Wayne Model 12 street sweeper to Road Machinery and'Supplies Company for a net pric� including option�, of $3 , 33'S,S. RNS/jm '' Attachments cc: Gordon Middag 10 � PUBLIC WORKS D PARTMENT � Ci ty of Fri dl eY 10 A� II' ': , 1 �I' MEMO T0: Richard Sobiech, Public Work Director . � MEMO FROM: Ralph Volkman, Superintenden of '�ublic Works - MEMO DATE: January 10, 1977 SUBJECT: Model 12 Bid Tabulation ' Following are some bid tabulations on Mod 1 12'bids during 1976: 1. City of Westfield, New Jersey Bids were taken on August 2, 1976'for a Model 1-12, air condition- ing and a beacon were listed as options. Bid on Model 1-12 =$40,990 plus $795 for air conditioning and $235 for a beaco . Trade-in was a Wayne Model 1-984 (age unknown). Trade-in allowance =.$4,0 0. 2. Jones Beach Authority, Long Island Bid on a Mode1 2-12 on June , 1976 =$45,997. No trade-in. 3. Maryland Transportation Authority Bid on a Wayne Model 2-12 on August 16, 1976 =$43,180. No trade- in involved. 4. Wayne County, Michigan � Bid on four Model 2-12's on arch 16, 1976 =$46,980 each. No trade-ins. 5. Louisiana State Highway Oepartment Bid on three Mode1 2-12's on June 25, 1976 =$45,604 each. There were no trade-ins. 6. Yuma, Arizona Bid on a Model 2-12 (no date) _$47,654.81. 7. Lane County, Oregon ', Bid on a Model 2-12 =$43,93 . Nio trade-in. RV:ik ' , _. __. . �,_ ., .. . _ _ . , - � i�_�_� � � E � V N H � � OC W � .-� � w 0 W M d � M o. F-- C ro z� w � a o. ' W z ' N Z ' N O � }-- , W n. p n. . w 3 � >- E- n . oC � - W w 61 � f- ,J 'M F ^ t= �N � � cn o w z LL. r O J w+ cY O le- O Y •• O LL Kr W � C.�3 � ~ Q Z Z N �--� U W � lN/1 V O � OC �d ' � m ' . }- z �� w-� � • w o� o w ' �o ' ' ° z O m , 0 H � 0 m O Z � ao 7 i� N Z W C Z ' W . N O � .G O � � E r- N o. O tn ��I :. � � Z � •r 7 OO � � � o S o �vNi ws b cui ro W W Ql N Gl � �� R7 M C N c�l •r .' [DQ SN� �0��^ II e � �� ' i � b 3 n ^ 01 r� � u � � O O t1� m � M ' (D m ' th ' 0 0 o ' rn ' +s► ' � � N r �- e-� 4i C O O +� d-� O O � 0 O � d • t0 �1 � w w . p O M . 01 tn ' � d . � ' T3.0 3 �g 3 �n � `t w c � w 3 � N xo . b s � m rn �iae.°�'m ' 4Y- � ��-+ 3 I �r- X N N +a U L Ol t u�i V- �', V V r � � +� +1 N � � � � L N� I. Q Z W N i C�. UI ��. C � v1 � � c c - .c � .- nv .- ua,v� b ° ' o>,°a dQa �3 m '_V...� � Ul0 . q O C ..'�. UM C � � {n 2�' V' �^ �'��.,' N O �' . 1 ' CONSiDERATIQN OF CI MAYOR PRO TEM 1976 Representative: Councilwoman Carroll Kukowski JNCIi APPOINTMENTS ' 1977 Appointee ANOKA COUNTY LAW ENFO?CEMENT CGUNCIL 1 e r�sentative and 1 Alternate Councilman Hamernik, Rep. 12-31-76 ' _ 12-31=77 Councilman Fitzpatrick, Alt. 12-31-76 12-31-77 SUBURBAN RATE AUTHORITY 1 Member and 1 lternate Counci1man Starwalt, Member 12-31-76 Edward Hamernik, ATt. 12-31-76 NORTH SUBURBAN SE4JER SERVICE BOARD 1 Re resentative and 1 Alternate Councilman Stars��alt, Rep, 12-31-76 Counci1woman Kukowski, Alt. 12-31-76 ASSOCIATION OF i1ETROPOLITAN tYtUNICIPALITI S(1' Member_ and 1 Alternate' 11 . Councilman Fitzpatrick, Member 12-31-76 Councilman Starwalt, Alt. l 2-31-76 12-31-77� 12-31-77 12-31-77 12-31-77 12-31-77 12-31-7? I .� RESOLUTION NOl RESOLUTION DESIGNATING DIRECTOR TO SUBUR ECT�OR AND ALTEitNATE RA�E AUTHORITY BE IT RESOLVED by the Ci y Council ot the City af , Minn sota, as follows: ' is hereby designated as a director of t e Suburban Rate Authority, and � is hereby desig- nated to serve as alternate d rectar of the Suburban Rate Authority for the year I 77 and until their successors are appointed. ; STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) 55. � .) ; CITY OF ) I, the undersigned, bein the duly qualified and acting Clerk of the City of ' hereby certify that the atta hed'and foregoing is a true and correct�copy of a resolu ion'�.uly adopted $y the City Council of at its meeting on , 197 , as the same is recorded in the minutes of t e meeting of such council for said date, on file and o record in my oifice. � Dated this d'ay of , 1977. m (SEAL) ' City Clerk 'ity of ,. '12 � CONSIDERATION OF APPOINTMENT FOR CONSEN NAME POSITLQN Kathy L. Fisette Receptionist/ i529 121st Avenue N.W. Typist�Police Coon Rapids, Mn. � Department 55433 ,, $62 � AfYn ARPROVAL - JANUARY 17, 1977 RY , . EFFECTIVE /Mo ,'' January 1, 1977 "13 _ I REPLACES New Position MEMO T0; Nasim Qureshi, City Ma ager MEMO FROM: Robert Hughes, Fire Ch ef ' MEMO DATE: OECEMBER 16, 1976 SUBJECT: Eieciion of volunteer fficers. � At the December business meeting held T ursday December 2nd, the following otficers were elected for 197 . Assistant Chief Arthur 01son R elected Assistant Chief Lawrence Peka elected Captain Richard Larson 1 t Term Captain James Saefke 1 t Term ,, Secretary Rodney Trocke 1 t T�rm Qutgoing Officers: Captains: �L rry Namer and Charles McKusick Secretary: � , uglas l.enz It is customary for the City Manager � elected to affice. the Counci] to approve those l4� i � i 0 .� CLA NO IMS , �.85�J6 - 1,8689 0 15 — _ I� � NiUL7IP�E 04(E�LIftG LICCN�ES YO 8E APPROVED: Period I�, ' 041NER ADDRESS - . . : I� ` Milton J. & Ellen B. Hughes 6670 Lucia Lane NE 44Z0 Douglas Ave. So. Galden Valley, Mn. 55416 �' � Milton J. & E11en B. Hughes 6680 �ucia Lane NE - same address as above I�, � Milton J. & Ellen B. Hughes 6690 Lucia Lane NE same address as above � ' � . � � '. , , ,�, � ' � � � � � ' � � .. � � � � l6 SeptemUer 1, 1976 to September 1, 1977 Ut�ITS FEE APPROVED BY: 16 $14.00 16 14.D0 16 14.00 R. D. Aldrich, I Fire Prev. R. D. Aldrich, Fire Prev. R. D. Aldrich, Fire Prev. '. I ESTIMATES FOR CITY COUNCIL CONSIDERAT ON � JANUARY 17, 1977 Smith, Juster, Feikema Suite 1250 Builders Exchange Building Minneapolis, Minnesota 55402 ' ' For Legal Services Rendered As prosec tor'''during December, 1976 by Carl Newquist ; Attorney Fees through December, 1976 for �'inal Charges in Regard to PERA Lawsuit an District . Court Rroceedings Relating Thereto - Ronald Haskvitz Weaver, Ta11e & Herrick 3i6 East Main Street ' An�ica, Minnesota 553Q3 For Lega1 Services Rendered as City December, 1976 by Virg71 C. Herrick �ttorney during $ 1,730.00 $ 845.20 $ 1,100.00 � l7 . _ - _-�� TIME RECORD FOR DECEP1BER, 1976 PROSECUTION 1. Preparation, Travel and Time in Court f 17 Court Trials, 1 Pre Jury Trial Confe 5 Jury Trials and 1 Motion Appearance. 2. Investigation and Process of Complaints including office conferences, phone con ferences, correspondence and preparatio of 18 Formal Complaints KI! ce, 26 hours . 17 hours 3. Court and Police Administration. ; 4 hours OTAL 47 hours . DATE � • !, • FORWARDED FROM LAST STATEMENT 1-03-77 For legal services rend red as Prosecutor for the City of Fridley December, 1976 Retainer $1000.00 Secretarial Services 100.00 Time in excess of 30 ho rs ; (17 hours 55 minutes) b30.00 1 deciare under penalti s of latv ti�at th(s . account, cla�m or c:en �;�cs is' ;a:.° �r� � cor• rec# G� '� at no ��.�� c; i�: h�:� -:,.,.•`,: � �. c�� $MITH. Jt/STER, F ATTORX 8 IKEMA� GyARTERED YS AT�'�.IAW a� Nf • BAtANCE 17 A 30 minutes 15 minutes 10 minutes 55 minutes $i000.00 $i100.00 $1730.00 � r � I � ' WYMAN SMtTH �� LEONAROT.JUSTER �' HENRY H. FEIKEMA � ALVIN 5. MALMON � RONALD l. HASKVIT2 � JAMES �R. CASSERIY �I CARL J. NEWQUIST . � MARK�E. HAGGERTY ALLEN H. GIBAS . IRVING JUSTER ovcouNaci ' 1 I , . ��w oFF► SMITH, cJTTSTEl CHARTEF iJasim Qureshi City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 RE: City of Fridley vs. PERA, et al Dear Nasim: Janu< 5 - FLIHEMA.. ' SUITE t250 '��.. BUILDERS EXCMANGE BUILDIN�G � �MINNEAPOLIS. MfNNE507A 55402 TELEPHONE (6121 339-t48i �, FRIDLEY OFFICE '��. � . 6441 UNIVERSITY AVENUE N. E. . . '�, FRIOLEY, MINNESO7q. 55432 �.� TEtEPHONE 1612) 571-6H70 5, 1977 I am enclosing a statement for attorneys f es through D�cember of 1976 which represents the finai charges wiih re ard'to the PERA iawsuit and the district court proceedings relating th reto. The initial brief submitted on behalf of the City, as well a th� lengthy and comprehensive reply brief submitted in response to the P RA brief, are in the form that would be sufficient in the event appeai to the'Supreme Court is necessary. In fact, the two briefs in the district c urt proceeding were wri�ten in that fashion so as to minimize the fees t at would be incurred in the event a Supreme Caurt appeal is necessary. You t u7y, DATE � � FORWARDED FROM LAST STATE 12/6/76 Research an issues of 7aw ra�sed b PERA in response to City's legal m 72 hrs. 12/l3/76 Preparation of factua] and legal a reply brief re PERA: 8 hrs. 12/16/76 Preparation of final form of rep]y 202 hrs. @ $40 $820.0 Document reproductian 25.2i 1 d�ctar� un-4��r �:�c .:�;:s r•:t �:., . . .. � �• accotant, �ciain� i�ma*d is ;,.�� ;. .., [eCt �d that p part of ii ha� - ��;- ;..:: _ ,��,�,�" �� Signature ai"Ct� SMITH. JUSTER, FEIKEMA, CHARTEREO ATTp11N[Ya AT. LAW� ' �-�� n w , ' � C'I � � � -�--'(.�-� ,d .'�—� . - as��,t • I • BALANCE :NT def�ndant �randum: ument in rie�f: 5 hrs. $820.00 $845.20 . � �� 17 B Ii � '� ;� � � ,CHARLES R. WEAVER HERMAN L TALLE � VlRGIL C. HERRICK ROBERT MUNNS WILLIAM K. GOODRICH �. ,THOMAS A. GEDDE JEFFREY P. HICKEN DOUGlAS E. KLINT ' City of Fridley ' � ' December Retainer Council Meetings Staff Meetings �Conferences with Staff Memos and Legal Research Ordinance Preparation ' Citizens Inquiries ' Secretarial Allowance ' � ' , ' � LAW OPFICE WEAVER, TALLE . 316 EAST MAIN 5T ANOKA, MINNE50 421•5413 3anuary 13, 10� hours 2 hours 5 hours 6 hours 2 hours 3 hours 28� hours & 1-1ERRICK EET 'I 55�03 1977 17C INVO(CE N� 2079 $1,000.00 100.00 TOTAL . . . . . . . . . . . . . .$1,100.00 VCH d MEMORANDUM T0: Fridley City Council FROM: DATE: RE: Mayor Bill Nee January 11, 1977 Waiver of Fees - Recreation Activiti�es 0 Once again I wouid like to request your consideration of the possibility and desirability of a policy of waiving particip tion fees in City recreation programs for the minor children of poor families. , I raised this question last year in a 1 ss formal manner, and as I recall some discussion of it was held by the Parks and R creation Cornmission, and for some reason the matter was disposed of somewhere long the way and it never reached the City Council for a decision. This year I want to present the matter ormally to the Council so that it does � not "get lost" again. (And I think the ques ion takes on added weight this year, now that we have substantially increased the fees for many programs.) , ' , �s] It seems to me that we shouid waive th basic City fees for children of families receiving some kind of pubiic assi tance, under the age of 17, and it should be set up to grant this waiver with n absolute minimum of hassle to the recipient. As I recall the discussion which toak lace in the Parks and Recreation Comnis- sion last year (from the minutes), I got th impression that they had a list of civic groups which would underwrite the fee for children who absolutely had to have help to participate. I think this reads like this to those amilies: "Some kind of arrangements can be worked out if you beg.° In my judgment, this is not satisfacto y. jKids should not be branded in this way. In addition, it is in the up blic inte est to involve children from distressed families in the recreation programs. My feelings are based on the idea tha we are not sponsoring the recreation programs just for the gratification of the child. We are putting public money into the programs because we believe that parti ipation contributes to the community well-being. It builds good citizenship an th� willingness to accept some responsi- bility for each other. It builds neighbor ood,and cammunity reiationships and identity. It can enhance the participants feel,ing of self-worth with a positive effect on the community. These things and mor�. ' So, if you feel as I do that we are for the corr�nuni ty i nterest as we are for ' �J �onsoring recreation programs as much ie participant's pleasure, then the � ' Fridley City Council -2- , question of excluding the children of ec fairly simple. � If the fees keep the children out of tt ,' waiving the fees...in the up blic interest. fees do exclude many children. Mainly from l. Single parent families on AFDC 2. Ch>>dren of working poor 3. Children of unemployed I have been told on several occasions, just cannot afford to put their kids into tr have detailed the problem in a convincing w� etc. It becomes a question of fun or food. When I say that the City may find outs feedback that they would rather deny the ki again and again. I understand that and I t what we can to build self-esteem, and repre counter-praductive. Practical problems: �' I don't know what it would cost to wai would cost much, either in lost revenues (w � increased program costs, and I don't think el�igible shou7d be either difficult for us, �' seems to me that the children of families r , artce should be eligible with no other questi i ' �� i. Food stamps 2. Unemployment compensation 3. Disability payments 4. AFDC � (As a matter of fact, I think the schc fied these children as part of the lunch pi I believe several other communities i waiver program in effect. I think perhaps ask them what they do to define eligibili with a minimum of burden or hassle for the esteem, not challenge it. I don't know whether or-not you want Recreation Commission. If i�y memory is co declined to recommend it. January 11, 1977 ca]1y distressed families becomes pr�pgrams, I would d the information e following kinds be in favor of I have is that the of families: l� A especially by AFDC mothers, that they e va:rious programs, and each time they y, i'.e., severa] kids, several programs, ders to underwrite the fees, I get ihe s the program than parade their poverty ink'it is important. We want to do tedl'y� pleading poverty is clearly ie these fees. I really don't think it iich we are not getting now) or in the problem of defining those who are or burdensome for the families. It :ceiving certain types of public assisi- �ns asked; such as: ol systems have probably already identi- ogram.) Anaka County already have some kind of Coon Rapids and Blaine both do. We might y. However we do it, I hope it can be child. We want to stimulate his self- refer this question to the Parks and ct, they already co.nsidered it and If you do decide to refer it, I only sk that you set a deadline to get I want ta have a Council decision before t e summer program is published. WJN/ms it back.