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03/14/1977 - 5684JANET KONZAK ADMINISTRATIVE ASSISTANT PUBLIC HEARING MEETING MARCH 14, 1977 � � � 'i ' ( I � ?7y THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRTDLEY CITY COUNCIL OF MARCH T4, 1977 The Public Hearing Meeting of the Fridley City Council of March 14, 1977 was called to order at 7:43 p.m. by Mayor Nee. PLEDGE Of ALLEGIANCE: Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CAlL: MEFtBERS PRESENT: Mayor Nee, Councilwoman Kukowski, Councilman Schnefder, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None ADOPTION OF AGENDA: Councilwoman Kukowski requested two items be added to the agenda. Under "New Business," "Appointment of Councii Representative to Serve on the Fridley Forum Com+nittee" and under "Old Business," "Consideration of Variance Request by Berkeley Pump." Mayor Nee requested an item be added under "New Business," "Appointment of Council Representative to District #14 Coirrnunity School Advisory Council." MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Council- woman Kukowski. Upon a.voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON FINAL PLAT SUBDIVISION P.S. °76-1 TI MOTION by Counciiman Schneider to waive the reading of the Pubiic Hearing notice and � open the Public Hearing. Seconded by Council Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:45 p.m. ! Mr. Dick Sobiech, Public Works Director, explained the location of this proposed plat, � generally located South of I-694, West of Highway 65, North of 53rd Avenue N.E. and lEast of the target parking lot. The proposal is to divide the property into three ` tots and the larger iot on the North side of the property was proposed for Pop Shoppes C of America. The plat does not have public right-of-way and access to the area would be through private easement. Mr. Sobiech stated the Planning Commission recorrmended approval with the understanding there would be a completed access roadway system with concrete curbing designated in the area. He further stated together with the access road the Target parking is also to be completed with concrete curb, landscaping provided. The petitioner has asked the concrete curbing be waived on the two lots not now �" scheduled for development until development takes place. However, Mr. Sobiech stated Staff suggests that the concrete curb be installed with the Pop Shoppe , development immediately and a bond be posted for completion of the balance of the curbing and landscaping within a two year period. , Mr. Sobiech then reviewed the improvements proposed for Highway 65 and 53rd Avenue and stated the Highway Department hopes to begin construction this year. Mayor Nee stated he has received corrmunications regarding this plat from the law firm representing the Embers Restaurant and requested these be received. MOTION by Councilman Fitzpatrick to receive the com�nunications from the Embers ]aw firm, Mason, Kaplan, Edelman, Borman, Brand, and McNulty dated March 8, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � i i � �_ __ � _ �_ _ �. � �� PUBLIC NEARING MEETIN6 OF MARCH 14, 1971 PAGE 2 MOTION by Councilman Schneider to close the Public Hearing on the Final Plat, Subdivision P.W. �76-12. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 7:51 p.m. � OLD BUSINESS: RESOLUTION N0. 26-1977 - ORDERING IMPROVEMENT AND fINAL PLA�JS AND SPECIFICATIONS AND ESTIMATES OF COSTS TNEREOF: S7REET IMPROVEMENT PROJELT ST. 1977-1, ADDENDUM #Z TABLED 2/28/77 : The City Manager, Mr. Qureshi, stated Councilman Schneider has been working with residents in this area in attempting to solve some of the questions and problems which arose as the result of the public hearing. Mr. Qureshi stated an alternative is being submitted this evening for the Council's consideration. This proposal would eliminate the street improvements on Lakeside Raad and would provide for a cul-de-sac on 73'-2 Avenue N.E. This would have the affect of reducing the assessments on some of the lots. Mr. Qureshi pointed out the cul-de-sac would be extended beyond the requirements of the City Code, and a decision must be made by the City Council if they wish this allowed. Councilman Schneider stated he has talked with property owners to the east of the proposed cul-de-sac and they have verbally indicated they would be willing to sign an agreement that they had no intention of splitting their lots and do not want 73'2 Avenue N.E, extended up to their property. He felt even though the cul-de-sac would be extended beyond the requirements of the Code, it would reduce the overall cost of the proj ect. Mr. Qureshi stated, if the Council wished to proceed on the extension �f 732 Avenue N.E., it +n�ould necessitate addit�onal construction of water lines. Ms. Nancy Johnson, 7360 Stinson Boulevard N.E., stated she agreed to the water lines going through their property, but there is a problem with the trees on the property. Mr. Qureshi advised the City would attempt to find a way to install the lines with a minimum amount of damage. Mr. Qureshi stated, if 73z Avenue N.E. is extended with the cul-de-sac, the right-of-way to the east of this would be vacated, as residents have indicated they would sign the necessary documents eliminating the need of it. The developer, Mr. Leier, indicated he would be in favor of the proposal submitted this evening and understands it would be necessary to have the plat redrawn to conform. I Ms. Eggert, 7351 Pinetree Lane N.E., felt the improvements were not benefiting their � p mperty and they should not have to pay for someone else to develop property. She � stated thre would be no need for any of these improvements, if the property wasn't � being developed. She indicated she did not objectto the project, but felt the developer should pay the costs. � �� Mayor Nee advised Ms. Eggert this issue should be raised at the assessment hearing as it could be the Council's responsibility at that time to make a judgement as to whether or not the improvements benefited her property. The City Attorney, Mr. Herrick, stated the assessment policy used by the City is comnon practice in the State of Minnesota and would advise Ms. Eggert to present her facts and opinions at the time of the assessment hearing. Councilman Hamernik questioned if the deviation on the cul-de-sac was made and did not meet the requirements of the ordinance, if it would leave the City open for any liability. The City Attorney indicated that argument could always be made, but it is probably vE�^y remote. -- - � Councilman Schneider stated he recognizes policies are important and should be followed, , but likewise feels there is a significantly greater benefit by reducing coSts � -- _ --_ __ � _ _ _ , __ ---- I ' --- - --- -_ _—._ ._ _ _ .. - - ( , 1 1 ' �� ' , ' ' � PUBLIC HEARING MEETING OF MARCH 14, 1977 2R1 PAGE 3 to the residents. He also felt the exception regarding the cul-de-sac would not affect the safety of the development. He pointed out, however, the storm sewer assessments are unchanged with this proposal. Councilman Schneider indicated he would move the adoption of the resolution for Alternate #2 submitted this evening, which is the deletion of Lakeside Road. � MOTION by Councilman Schneider to adopt Resolution No. 26-1977 using Alternate Assess- � ment Roll #2 (deleting Lakeside Road). Seconded by Councilwanan Kukowski. Upon a ivoice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF VARIANCE REQUEST - BERKELEY PUMP Councilwoman Kukowski stated she has brought this matter back before the Council for their consideration, as she has met with the petitioner, and felt they had a proposal which may be acceptable to the Council and would include the recomnendation of the Planning Commission. She stated Berkeley Pump would be agreeable to fencing a portion of Ashton Avenue N.E. that is across from their proposed building. This would offer protection for persons in the park, as they would not have access onto Ashton Avenue. She further stated she contacted Industrial Spray, located north of Berkeley Pump, and they would be interested in extending the fencing. She felt this proposal would eliminate the main traffic problem. Councilman Fitzpatrick felt by granting this variance, it would set a precedent. He felt this area was meant for limited industrial, but to grant the variance would enlarge the business and encourage a heavier industrial use which the area could not sustain. He felt a hardship had not been demonstrated. Mr. Snead of Berkeley Pump indicated he has also met with the City staff and the purpose of the addition is to have an efficient and functional building for their needs and they could not accemplish this, if the plans were changed. Mr. Snead indicated they would be willing to prov�de the fencing as outlined by Councilwoman Kukowski. He further stated they could use 40� of their lot, without requesting a variance, but the shape of the building they would end up with would not be practical for their operation. � The City Attorney, Mr. Herrick, requested the Council not take action on the variance ' , this evening, but to table until next week as he would like the opportunity to meet with staff and obtain additional facts and information as to whether or not there is �� a legal problem. � MOTION by Councilman Fitzpatrick to table this variance request from Berkeley Pump to , ; the next meeting on March 21, 1977 for a recommendation from the City staff. Seconded 4 by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the � motion carried unanimously. ' ' ' ' ' , NEW BUSINESS: IDERA7ION OF AN ORDINANCE ESTABLISHING CHAPTER 505 OF THE FRIDLEY CITY Mayor Nee requested under Section 505.06 a statement be added to the effect that the City make a reasonable effort to locate the owners of the licensed vehicles before they are sold at public auction. Councilman Schneider felt the impounding fees should be changed, especially the amount charged for additional days of storage and perhaps there should be a limit on the total amount. Under Section 505.08, it was suggested clarification of bikeway/walkway paths, and possibly the work "routes" should be used. Necessary changes in these particular sections will be made and contained in the ordinance when presented for second reading. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 2�� PUBLIC HEARING MEETING OF MARCH 14, 1977 � Page 4 CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS: MOTION by Councilman Fitzpatrick to receive the letter of resignation from Mr. Bili Forster from the Corrmunity Development Comnission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee opened the nominations for appointments to the Planning Commission and Corrmunity Development Commission. MOTIOM by Councilman Namernik to nominate Mr. Herman Bergman, 5503 Regis Trail N.E., for re-appointment. Seconded by Councilwoman Kukowski. M07ION by Councilman Schneider to approve the re-appointment. of Mr. Herman Bergman. Seconded by Councilman Kukowski. llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl,y. MOTION by Councilman Hamernik to nominate Mr. Charles Gooder, 7363 Memory Lane N.E., � for re-appointment. Seconded by Councilman Schneider. MOTION by Councilwoman Kukowski to cast a white ballot for re-appointment of P1r. Charles � Gooder. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee decTared the motion carried unanimously. � i i I � i i � t� -1 � � i � MOTION by Councilman.Fitzpatrick to nominate Mr. Alfred Gable, 5947 22 Street N.E., to fill the unexpired term of Mr. William Forster. Seconded by Councilwoman Kukowski. MOTION by Councilman Hamernik to nominate P4r. Donald Pullen, 6899 Madison Street N.E., Motion failed for lack of a second. � MOTION by Councilman Fitzpatrick to cast a white ballot for appointment of Mr. Alfred Gable. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Nominations were opened by Mayor Nee for appointments to the Parks and Recreation ! Co�nission. {, MOTION by Councilman Schneider to nominate Ms. Betty Mech, 1315 66th Avenue N.E. Seconded by Councilwoman Kukowski. MOTION by Councilman Hamernik to nominate Mr. Dave Harris, 470 Rice Creek Blvd. Motion failed for lack of a second. MOTION by Councilwoman Kukowski to nominate Ms. Robin Suhrbier, 5564 East Danube. Seconded by Councilman Schneider. MOTION by Councilman Kukowski to nominate Ms. Barbara Reiiand, 6068 Woody �ane. ; Seconded by Councilman Fitzpatrick. � MOTION by Council Kukowski to nominate Sharon Bakke, 59 Rice Creek Way. Seconded by � Councilman fitzpatrick. �' MOTION Ey Councilwoman Kukowski to nominate Mr. Tom Nehring, 291 67th Avenue N.E. Seconded by Councilman Fitzpatrick. MOTION by Councilwoman Kukowski to nominate Mr. Clayton Storley, 414 Rice Creek Terrace. Seconded by Councilman Hamernik. i MOTION by Councilman Fitzpatrick to nominate Mr. Larry Dobson, 1636 68th Avenue N.E. Seconded by Councilwoman Kukowski. There being no further nominations, Mayor Nee declared the nominations closed. Tfie Councilmembers reviewed the qualifications of the persons they had nominated. The Council then cast their baltots for the candidates and Ms. Betty Mech, 7315 66th Avenue N.E. received the majority of votes and was appointed to the Parks and Recreation Commission. , ' � i � PUBLIC HEARING MEETING OF MARCH 14, 1977 � � � � i I i � PAGE 5 2is3 ; , 1 i Ballots were then cast by the Councilmembers for the second seat on the Parks and Recreation Commission. Ms. Robin Suhrbier received the majority of votes and was appointed to the Parks and Recreation Commission. Nominations were opened by Mayor Nee for the appointment to the Appeals Commission. MOTION by Councilwoman Kukowski to nominate Mr. James Plemel, 6864 Channel Road N.E. for re-appointment. Seconded by Councilman Schneider. MOTION by Councilman Fitzpatrick t� cast a white ballot for the re-appointment of Mr. James Plemel. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Nominations were opened by Mayor Nee for appointments to the Environmental Quality Commission. MOTION by Councilwoman Kukowski to nominate Mr. Bruce Peterson, 7503 Tempo Terrace � N.E. for re-appointment. Seconded by Councilman Schneider. MOTION by Councilwoman Kukowski to cast a white ballot for re-appointment of Mr. Bruce Peterson. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated Brother Thomas Sullivan requested he not be considered for re-appointment. MOTION by Councilman Fitzpatrick to nominate Ms. Connie Metcalf, 860 West Moore Lake Drive N.E. Seconded by Councilman Schneider. MOTION by Councilman Hamernik to nominate Mr. G. Burt Weaver, 928 Rice Creek Terrace. Seconded by Councilwoman Kukowski. MOTION by Councilman Hamernik to nominate Mr. Ken Voss, 990 68th Avenue N.E. Seconded by Councilman Schneider. MOTION by Councilman Schneider to nominate Ptr. Larry Dobson, 1636 68th Avenue N.E. Seconded by Councilwoman Kukowski. MOTION by Councilman Kukowski to nominate Mr. Jerry Winslow, 6460 Squire Drive N.E. Seconded by Councilman Fitzpatrick. There being no further nominations, Mayor Nee declared the nominations closed. The Councilmembers reviewed the qualifications of the persons they had nominated. 8allots were cast by the Councilmembers with Ms. Connie Metcalf, 860 West Moore Lake Drive N.E., receiving the majority of votes and was appointed to the Environmental Quality Commission. Mayor Nee opened the nominations for appointment to the first seat on the Human Resources Commission. MOTION by Councilman Fitzpatrick to nominate Mr. Harold Belgum, 191 Hartman Circle N.E. for re-appointment. Seconded by Councilman Schneider. MOTION by Councilman Flamernik to nominate Ms. Caryl Weaver, 928 Rice Creek Terrace. Seconded by Councilman Schneider. MOTION by Councilwoman Kukowski to nominate Ms. Carojynn Blanding, 5653 Regis Trail. Seconded by Councilman Hamernik. There being no further nominations, Mayor Nee declared the nominations closed for the first seat on the Human Resources Commission. Ballots were cast by the Council with Mr. Harold Belgum receiving the majority of votes and he was re-appointed to the Human Resources Commission. Nominations were then opened by Mayor Nee for the second seat on the Human Resources Commission. ; � _ _ ...� J � � � � � I � I i ; � i i 284 i � R ( � ____ PUBLIC HEARING MEETING OF MARCH 14, 1977 { ; PAGE 6 MOTION by Councilman Schneider to nominate Ms. Grace Lynch, 580 54th Avenue N.E. for re-appointment. Seconded by Councilman Fitzpatrick. MOTION by Councilman Namernik to nominate Mr. Dave Thiele, 7300 Tempo Terrace N.E. Seconded by Councilwoman Kukowski. There being no further nominations, Mayor Nee declared the nominations closed for the second seat on the Human Resources Commission. Ballots were cast by the Councilmembers and Ms. Grace Lynch received the majority of votes and was re-appointed to the Human Resources Commission. Mayor Nee opened nominations for the appointment to the Cable Television Commission. The Mayor indicated Ms. Barbara Hughes is not interested in re-appointment. MOTION by Councilwoman Kukowski to nominate Mr. G. Burt Weaver, 928 Rice Creek Terrace. Seconded by Councilman Hamernik. There was a question as to whether Ms. Carolynn Blanding was interested in being considered for appointment to this Commission and a recess was called by Playor Nee in order that she could be contacted regarding her interest in serving on this Commission. RECESS: Mayor Nee called a recess at 9:55 p.m. RECONVENED: Mayor Nee reconvened the meeting at 10:07 p.m. All Councilmembers were present. MOTION by Councilman Hamernik to nominate Ms. Carolynn Blanding, 5653 Regis Trail N.E. Seconded by Councilman Schneider. MO7ION by Councilwoman Kukowski to nominate Mr. Virgil Nordgren, 175 Satellite Lane N.E. Seconded by Councilman Fitzpatrick. There being no further nominations, Mayor Nee declared the nominations closed. Ballots were cast by the Councilmembers and Ms. Carolynn Blanding, 5653 Regis Trail N.E. received an unanimous vote and was appointed to the Cable Television Cormiission. The appointments to the fridley Nousing and Redevelopment Authority and to the Police Commission are made by the htayor. Mayor Nee indicated he wished to re-appoint Mr. Russel Houck, 750 Overton Drive N.E., to the Housing and Redevelopment Authority and re-appoint Ms. Jean Sche11, 5198 St. Moritz Drive N.E., to the Police Commission. MO7ION by Councilman fitzpatrick to concur with P�ayor Nee's re-appointment of Mr. Russel Houck to the Fridley Housing and Redevelopment Authority Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to concur with Mayor Nee's re-appointment of Ms. Jean Schell to the Police Commission. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Hamernik recommended the City staff compile a list of everyone who has expressed an interest in serving on the City commissions and circulate these lists to the Comnissions,as these persons may also be interested in working on sub-committees. He also requested Ms. Jane Hayano's name be included, as she has expressed an interest in the sub-comnittees. MOTION by Councilman Fitzpatrick to direct Staff to send Tetters of appreciation and thanks to those persons who had expressed an interest in serving on the Corrmissions. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' �� -^ , � � ' l ' � i I ' i � I ' � ' ,� I ' ' I � I � � � � ' I � � , ` � I I , ' 1 ' �I d � � � , � � PUBLIC HEARING MEETING OF MARCH 14, 1977 285 , � PAGE 7 i i Mayor Nee also requested the Staff prepare certificates for those persons who had served on the Commissions for presentation by the Council. APPOINTMENT OF COUNCIL REPRESENTATIVE TO DISTRICT #14 COMMUNITY SCHOOL ADVISORY COUNCIL: MOTION by Councilman Fitzpatrick to re-appoint Councilwoman Kukowski to another term on the Comnunity School Advisory Council. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT OF COUNCIL REPRESENTATIVE TO DISTRICT #13: Councilman Fitzpatrick indicated his appointment to District #13 would also be expiring and requested the Council consider the appointment at this time. MOTION by Councilman Kukowski to re-appoint Councilman Fitzpatrick as representative to District #13. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF EXECUTION OF CONSULTING ENGINEERING SERVICES AGREEMENT BETWEEN THE CI7Y OF FRIDLEY AND EUGENE A. HICKOK AND ASSOCIATES: Mr. Sobiech, Public Works Director, stated it is understood by Hickok and Associates that wherever the City can provide assistance in the Lake Restoration Study of Moore Lake, it will reduce the overall project costs. He suggested that his memo of March 9, 1977 to the City Manager and correspondence from Hickok and Associates of March 4, 1977 be attached as addendums to the contract so that everyone is aware the City intends to provide some staff assistance. MOTION by Councilman Schneider to authorize the Mayor and City Manager to execute the contract with Hickok and Associates for the Lake Restoration Study of Moore Lake with the addition, as addendums to the contracts, of Mr. Sobiech's memo of March 9, 1977 and the letter from Hickok and Associates dated March 4, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT ON TRAILER MODEL TREE SPADE (BIDS OPENED MARCH 2, 1977 : The following bids were received for the Trailer Model Tree Spade. Vermer Sales & Service Box A K West Salem, Wisc. 54669 Vermer Sales & Service 3750 W. Highway 13 Burnsville, Minn. $10,889.00 $10,899.00 i � , MOTION by Councilman Hamernik to award the bid to Vermer Sales and Service of Burnsville, ; Minnesota based on the lack of a bid bond from Vermer Sales and Service of West Salem, ; Wisconsin; and the fact the City can receive immediate delivery from Vermer Sales and 1 Service of Burnsville. Seconded by Councilman Schneider. Upon a voice vote, all I voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 27-1977 - ADVERTISING FOR BIDS FOR A TRI�ILER MOUNTED BRUSH CHIPPER: � Councilman Schneider questioned the need for a brush chipper, which was explained ; by Mr. Qureshi, City Manager. MOTION by Councilwoman Kukowski to adopt Resolution No. 27-1977 advertising for bids for a trailer mounted brush chipper. Seconded by Councilman Namernik. Upon a voice vote, Councilwoman Kukowski, Councilman Hamernik, Mayor Nee and Councilman Fitzpatrick all voted aye. Councilman Schneider voted nay. Mayor Nee declared the motion carried by a vote of 4 to 1. i I � i � , 28� � � i PUBLIC HEARING MEETING OF MARCH 14, 1977 � � i � i i PA6E 8 APPOINTMENT OF COUNCIL REPRESENTATIVE TO SERVE ON THE FRIDLEY fORUM COMMITTEE: , Councilwoman Kukowski asked if a Councilmember was interested in serving on this Committee. She indicated she did not have the time to attend the meetings because of involvement in other projects; however, she felt a representative from the Council should attend the meetings. ' MOTION by Councilman Fitzpatrick to appoint Councilman Schneider as the Council .' Representative on the Fridley Forum Corr�nittee. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: � MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Schneider. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing•Meeting of the fridley City Council of March 14, 1977 adjourned at 10:32 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: ( � I � f i � � _. William J. Nee Mayor � I _ � �, MEMO T0: DEPARTMENT HEADS r�ollowing are the "ACTIONS NEEDED". Please have your answers back in the City Manager's office by Wednesday Noon, March 23, 1977. Thank you FRIDLEY CITY COUNCIL - PUBLIC HEARING MEETI�G -�ARCH 14, 1977 - 7:30 P.f�, ' ENGINEERING , ' 1 � ' ENGINEERING , PLEDGE OF ALLEGIANCE: ROLL CALL: Al1 Present ADOPTION OF AGENDA: Consideration of Berkeley Pump Variance Request Added Additional Appointments added PUBLIC HEARINGS: PUBLIC NEARING ON FINAL PLAT SUBDIVISION P�S� �76-12, TARGET ADDITION; BY POP SHOPPES OF AMERICA, INC „ BEING A REPLAT OF PROPERTY GENERALLY LOCATED SOUTH OF 1�694, ��EST OF HWY, 65, NORTH OF 53Rn AVENUE AND EAST OF THE TARGET PARKING LOT� � � . � � � � � � � � � � � 1 — 1 �J Public Hearing Closed ACTION NEEDED: Put Final Plat on next regular agenda for consideration OLD BUSINESS: CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1977-1, ADDEN— DUM �Z �TABLED ZI Z$/�� ) � � � � � � � � � � � � � � � � � � � Z — 2 B Resolution #26-1977 adopted Using Alternate Assessment Roll #2 (Lakeside Road Deleted) ACTION NEEDED: Proceed as authorized � r � 1 ' � , POLICE: ' C FRIDLEY PUBLIC HEARING MEETING, MARCH 14, 1977 NEW BUSINESS: PAGE 2 CONSIDERATION OF AN ORDINANCE ESTABLISHING CHAPTER SOS OF THE FRIDLEY CITY CODE ENTITLED ��BICYCLE REGULATIONS'� � AND REPEALING THE PRESENT CHAPTER 5O5 ENTITLED ��BICYCLE REGISTRATION" IN ITS ENTIRETY� � � � � � � � � � � 3 — 3 � Adopted on First Reading with modifications ACTION NEEDED: Make changes in ordinance as request ed. Put on next regular agenda for second reading. (1) The ordinance should state that a reasonable effort will be made to contact the owner; (2) The storage charge should be reduced; (3) Clarification regarding pedestrian rights and bike routes CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS� ,�� 4— 4 D Following appointments made: Community Development Comm: Herman Bergman, Charles Gooder, Alfred Gable; Parks & Rec Comm: Betty Mech, Robin Surhbier; Appeals Comm: James Plemel; 'Environmental Quality Corr�n: Bruce Peterson, Connie Metcalf; Human Resources Comr�: H�rold �elgum Grace Lynch; Cable Television Comm: Carolynn Blanding; Housing & Redevelopment Authority: Russel Houck; Police Comm: Jean Schell. ' CITY MANAGER ACTION NEEDED: Write letters to new appointees informing them of appointment ,� � �II ' CONSIDERATION OF EXECUTION OF CONSULTING ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF FRIDLEY AND EUGENE A, HICKOK AND ASSOCIATES� � , � , � � � � � � � � � � 5 — 5 � Agreement approved with attached correspondence from the consultant made part of agreement ' ENGINEERING ACTION NEEDED: Inform consultant and execute agreement as amended. ' , � , �— ��r � FRIDLEY PUBLIC HEARING h1EETING, MARCH 14, 1977 PdE�� BUSINESS (CONTIfJUED) PAGE 3 RECEIVING BIDS AND AWARDING CONTRACT ON TRAILER �`�ODEL 1 TREE SPADE �BIDS OPENED MARCH Z, 1977)� � � � � � � � � � � 6 — 6 A Bid awarded to Vermer Sales and Service P KS & REC ACTION NEEDED: Inform Vermer Sales and Service of Burnsville of bid award. , , ' CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS , FOR A TRAILER MOUNTED BRUSH CHIPPER, � � � � � � � Resolution #27-1977 adopted (vote of 4 to 1) ARKS & REC ACTION NEEDED: Advertise for bids as authorized ' , ' ' � ' I ' ADDITIONAL APPOINTMENTS: ,,,,,7-7A Fridley Forum Commission (Harold Belgum Chairman) Councilman Schneider was appointed Council representative to this Corr�nission District #14 Community Schools Councilwoman Kukowski was reappointed Council representative School District #13 Councilman Edward Fitzpatrick reappointed Council representative ADJOURiJ : 10:32 P.M. .� , FRIDLEY CITY COUNCIL MEETING IPLEASE SIGN NAME ADDR�'SS AND ITEM NUM6ER INTERESTED IN� DATE: �L�T�9% �% I �NAME ADDRESS ITEM NUMBER ________________ _________________________________________ ____________________________________- �--�� , '' ` ��? �.��.� Z_ � � �;�`' •_ - ��'�� i/��'�.°- �%` �� t � � � , i j � C <. n �/ , C� i.. �`�---. _ i I i /1 , .� 1 �� 7 3 � / / ��"'t,c� �cu��/ %2 f . ?3� � � ��.�2, ��.,�. V�? -� � ; / _ � L.. a � ;�- �� /� l � �r��'�,.� /!�_� i� � ��.v�� S� 161q �3rc �v� /11..� �� y. `-=-: � ��' '�� ' ✓�d% %�� '��'' �� S � y � � �� .�P� 5� o- 5�CI y`}�-/�a S% �/ � �� % f��iZ��1.�C, c�' � � �' �a � , � ic��' �� `' � . /� v/J ��. � S 9 � "� � � —s� � � t �1-� � — �15� (iv-e `�1. �Z �' �/�'� �� 7 �s � Nl f�,�� -1 ti' � � �' � � � 0 ii3� � �� iI [.L FRIDLEY CITY COUfdCIL — PUBLIC HEARING MEETING — MARCH 14, 1977 — 7:30 P,f�, PLEDGE OF ALLEGIANCE: ROLL CALL: AllOPTION OF AGENDA: PUBLIC HEARI(VGS: PUBLIC HEARING ON FINAL PLAT $UBDIVISION P�S� �#76-12, TARGET ADDITION; BY POP SHOPPES OF AMERICA, INC�� BEING A REPLAT OF PROPERTY GENERALLY LOCATED SOUTH OF 1.694, WEST OF HWY. 65, NORTH OF 53RD AVENUE AND EAST OF THE TARGET PARKING LOT� � . . . � . . . � . . . . . 1 - 1 � OLD BUS I fVESS : • CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1977-1. ADDEN- DUM #Z iTABLED Z�Z$/�%) � � . . . . . � . • � . . . . • • � • Z - 2 B FRIDLEY PUBLIC HEARING MEETING, MNRCH 14, 1977 PAGE 2 NEW BUSINESS: CONSIDERATION OF AN ORDINANCE ESTABLISHING CHAPTER SOS OF THE FRIDLEY CITY CODE ENTITLED ��BICYCLE REGULATIONS" AND REPEALING THE PRESENT CHAPTER SOS ENTITLED "BICYCLE REGISTRATION" IN ITS ENTIRETY� . � � . . . . . . . 3 - 3 � CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS� ��.�- 4 D � a CONSIDERATION OF EXECUTION OF CONSULTING ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF FRIDLEY AND EUGENE A� HICKOK AND ASSOCIATES� � . � � � � � � . � � . � . S - S .J � 1 FRIDLEY PUBLIC HEARING h1EETING, MARCH 14, 1977 PAGE 3 ■ ��EW BUSINESS (CONTIPJUED) RECEIVING BIDS AND AWARDING CONTRACT ON TRAILER MODEL TREE SPADE �BIDS OPENED MARCH 2, 1977)� � � . � � • • . • . 6 - 6 A CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR A TRAILER MOUNTED BRUSH CHIPPER� � � � . � � � � � � � . % - 7 A � , ADJOURPJ: [� I''�, ' CJ ' ' .' PUBLIC HEARING BEFORE THE ' : CITY COUNCIL 0 TO WNOM 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, March 14, 1977 at 7:30 P.M. in the Council Chamber for the purpos� of: � . i ' _�. . ' ' �� . ' �: , . r� � 1 �' ' 1 �� ' � ' Consideration of a Final Plats P.S. #76-12, Target Addition, by� Pop Shoppes of America, Inc., being a replat of that part of the following three tracts of ]and: Lot 10, Auditor's Subdivision No. 155; Lot 11, Auditor's Subdivision Na. 155, EXCEPT the l�test 1,318,40 feet thereof, and EXCEPT the Sauth 20 feet thereof rrbich lies Easterly of a line parallel with and 351 feet distant 4lesterly from the East line ot Section 23, Tormship 30, Range 24, and EXCEPT a tract of land beginning at the point of intersection of the North �l�ir�e of the South 20 feet of said �ot 11, and the West boundary line of Sta�� High4ray No. 65, thence North along said West boundary line 162 feet, thence 41est at a right angle of 195 feet, thence South at a right angie 152 feet, to ihe North line of said South 20 feet of said Lot 11, thence East along said North line of said South 20 feet to the point of �eginning: 1 ` Lot 12, Auditor's Subdivision No. 155, EXCEPT that part thereof � which lies Easterly of a line parallel with and 351 feet distant � Westerly from the East line of Section 23,.Township 20, Range 24; Lying East of a�line drawn North from a point on the South line of Lot 12 ir� Auditor's Subdivision No. 155, at an angle of 90 degrees with sai�t South line, said �oint being 826.67 feet East of the South��rest corner of sai d'Lot 12, , al l 1yi ng i n the South fial f of Section 23, T-30, R-24, City of Fridley, County of Anoka, hlinnesota. Generally located South of I.694, 4Jest of Highv�ay �65, horth of 53rd Avenue N.E., and East of the Target parking lot. �' �Anyone desiring to be heard with reference to the above matter may be heard at this meeting. Publish: February 24, 1977 March 3, 1977 WILLIAM J. NEE MAYOR '� � , ,.r. h or� , '� •' . � � I . � ��" � °, ' lA . ��- . '� � '. '� . ��,as� / . � . �'4` o,,� . � • � W � r o ��sv.�J�6a9 �� ' j`'�� `'�' ' � r a ,yy� �. �sy 4,� j'°'y° �. �C Sotlf�.�I�,e ofS t� ''j� '� ��;j� � afi of S!x � f-`• E��7�� .. _.. , "_'� _`p-'i ��► � � ` ` ;�v - �. . _ _ _. . �` 1 .', a' � . � h � . S�7 �!i.3��,1�, atip;�I � O jr aE' � �~y �i � ( _ ' � T � . � � . ' . • �� \ � � . y .` � . � •`� ' ♦ O S,r` � � ' � ' � ►� . �� . ♦ � . � / � . '� v ti� � �_ SOD , � 5 ��'g ` �� . .+ � �. � • � � �._ �' !. � . � :: . TARGET ADDITION -� � ,� _ . ' � � � � . ll� . • � ,. � �� ' � ,,4.��4, �.�;..- � � �y � ..�+. � c,=a c�.� a��_ ��c: :, !4 t' :'9 II F� i A\9 I ,' t d A� � YS • a � �� , �`� f' �- a ,a ... � � � Y 1 � � w `n� � w �� o!! F�C•• n' �g � f a�'� ��\� ~ � h �� . - ' � �. . . .3�. ' /95' � � i!�3 � R� —,-,--- — -- • � � ' � °p9 �� NB:s �±'f''F! - —•• � � �_^— ' -- _5/_..� . � � �� , < <v . 1 �" `�� ( , }: �� , �t� . . � e C^C�. � � .,3 ° �,� � ��i�t ef I `. ' � � � � . � / �eV� ' , Q . � . �� ( . � ��l.��a>�6'��L".d��ltll' . • � � � �: 10 - + � -�� --- /3i9.iS--- ` �S/,S''9 -- , _�_. �! '__'_ __ --• 3Sf_.._ n0 R�-�9Y��!�--�--:--�-:�.�,; � -- - -_---- �. _ __. _ ___� _ _ � _� • 0 ��r S.E.Cor.efSFj� ,� �-, �-, -- , TARGET �TO�E P��J°CRT�' � ' ��1+` - t �� FRiO�EY, MINNE:�O�i A � f��}''�-� �� . r�, � � � �t�p�c:��eC�lPd 9 . r��l vL,Y /1n �` � � }'�fti�!��C� � r °'�i',�'n'� � l ..• ,:�j�.3s,.�� ( . �� :4,�i �.�ArJ�n (��, � f. .�-�%'%+.rL,+�1 � -• _ ��hJ 1) L � Wil�iom:;.Loyo Minn.hjr;.�1�>,�,7�7�---- , � . • COi.1:i'rOrK 9 DP.VIS; �t!t: � . ' .� , . ' ' ' � ' CITY OF FRIDLEY PiANNING COMMISSION MEETING - JANUARY 19, 1977 CALL TO ORDER: Chairperson Harris called the meeting to order at ROLL CALL: Members Present: Harris, Bergman P.M. genfeld, Schnabel, Shea � Members Absent: Peterson Others Present: Jerr d Boardman, City Planner APPROVE PLANN'�NG CO?�II�II�SION t�IINUTES: JAIvtiJARY • + Y PAGE 1 i ' MOTIO��iy Schnabel, �seconded by Langenfeld, that the Planning Comr►ission �min es of January 5, 1977 be approved as written. Upon a voice vote, all g aye, the motion carried unanimously. 1. PUBLIC HE�RIPdG: COI�'SIDE�ATICl`1 0�' A PROPOSED PL��T; P.�-i2�ARGET ADll1TI0N, BY i'OP S:iOP:';� OF ATTij:�IC.'? � Ii:i.: Iteplat o�`. -e�•Lot lU� part of Lots 11 and 12, Auditor's Subdivisior. no. 155, as per legal notice, generally located South of I. 691�, ��lest of Highway #65, North of 53rd Avenue N,E., and East of the Taxget parking 1ot. MOTIOPI by Langenfeld, seconded by Bergman, that the Planning CorL-�ission open . the Public Hearing on consideration of a proposed plat, P.S. �76-12, Tai•get Addition, by Pop Shoppes of America, Inc. Upon a voice vote, all voting aye, . Chairperson iiarris declared the Public Hearing open at 7:53 P.ri. Mr. bnmett R. Albergotti, Real Estate Negotiator for Dayton Hudson Properties; r1r. John Zavitz of Pop Shoppes of America, Inc.; TIr. Bill Jaeger from Kraus Anderson of St. Paul Company; Mr. Jon Pope, architect for Plagerso rlcGae, Inc.; and Mr. Bob ;iar�e,y, Box 376t�, rlinneapolis, were present. Mr. Eoardman directed the Commission to turn to pages 15 and 16 of their agendas which sho:�red the general location of where the replat was going to take place. He explained this was East of the present Target parking lot, behind Embers ��d the gas'station, and would be divided into three separate lots. He said that this was to allow for two or three separ�te developments, and the larger lc�t on the North side of the property was proposed for Pop Shoppes of America. !�ie stated that sccess into this area would be through private easement from Target off of 53rd to service these three lots. ' . 0 � 0 ' Planning Commission Meeting - January 19, 1977 . Page 2 1 C , � ' � . , ' ' � ' ' '_ � � � ' ' � ' Chairperson Fiarris asked if this was on part of the blacktop portion of the parking lot, and Mr. Boardman replied that the lots themselves were not, but the driveway easement would be on the Easterly end of the blacktop portion. Mr. John Zavitz explained that the head offices of Pop Shoppes of America xere in Denver, and there were 19 other locations in the United States. He said they would be opening fourteen new centers this year, one of which was the Twin Cities location. 1�ir. Zavitz said that basically what they were trying to do was deliver soft drinks to the public at lower than normal cost as they manufactured and retailed on the sarie premises. To date, he said, they have enjoyed auite a bit of success both in Canada and here, and were just b�ginning to scratch the surface in the U.S. market. He stated that to date they had been able to satisf`y all concerns with regard to environmental issues, noise levels, etc., to the satisfaction of a11 City Councils. Aesthetically.speaking, he continued, they did not look like a manufacturer, but a retailer. He told the Commission they sold 26 different flavors in two sizes, in plastic cases, and returnable bottles only. He •explained that people could mix and match flavors as they wished. � Chairperson Harris asked what the zoning was� and Mr. Boardman replied it was C-2S and that was the reason they were going with the Special Use Perriit on it. He explained the operation of this type of shop would be similar to that of a dai:y. He stated they mixed the soft drinks at the plant and stcred them there, but they had a major retailing operation from the store also so there k•asn't a najor handling of the shipping of the bottles. He said they would ship to about three or four other retail stores in the metro area, but it was a major retail operation. I�r. Boardman said that all three of the parcels met the requirements as far as square footage under a G 2S zone and Zot sizes were adequate. He added that one of the stipulations they would �rant to put on the plat t�rould be some definition of roadway in the parking lot area itself. He said he had received a letter from Target on access that he would like entered into the minutes. Chairperson Harris read the following letter to rir. Boardman, from Jack Franzen, Building Services Manager for Target.Stores, dated January 19, ].9?7; In the event that the County Highw�y Department does go ahead with its planned improvements along 53rd Avenue, specifically including the revised eastern•most access routing into the Target Fridley parking lot, Target will define the access road with curbings, plantings, or some other method acceptable to the City of Fridley and Target. This is to promote more orderly traffic flow through the Target parking lot facility. MOTION by Shea, seconded by Schnabel, that the Planning Commission receive the letter to rir. Boardr�an from P1r. Franzen dated January 19, 1977. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Schnabel noted that the proposed plat was to divide the property into three separate lots, and asked if the Special Use Permit would cover all three lots. Mr. Boardrian exglained that the Special Use Permit was for just the Northerly lot. He said that lots 10, 11 and 12 were the existing lots, and they extended to ifigh�tiay 65. Iie explained that was an old lot description ,� • Planning Commission Meeting - January 19� 197? � page 3 1 D l�J �� on Target�and Yras only used as definition to show where the new plat would be. He said that actually it would be nlatted out to lots 1, 2 and 3. Mrs. Schnabel asked if the other two lots would remain vacant, and Mr. Boardman replied that was correct. i�rs. Schnabel asl:ed if it was necessary for Pop Shoppes to get sone type of agreement with Target for use of the roads, and I�ir. Baardman said they would have to have easements drawn up for use of the properties, and he thou�ht that could be handled with the platting. Chairperson Harris a�reed it should go with the final plat. Mrs. Schnabel ask�d about utilities in that area, and Mr. Boardman said that utilities would be serviced to all three properties off of-53rd. Mr. Jon Pope, architect, explained that the water would be brought in ' off of 65 it� the rear of the building. He said that a pole would be placed at the Southwest corner of the lot, and electrical power Vrould be brought . underground to the site. Chairperson Harris asked about the other lots, � and Mr. Boardman said he would imagine it t,rculd be easier and better to have the water and sewer service for the other properties off of 53rd. ' Mr.�Bergr-�an said he expected sizeable water requirements for this activity and noted an eight inch water line was planned. He asked if there were any pressure or capacity problems in this location, and tir. Boardrian repl�ed , there were not. i•ir. Bergman said it would appear that all the utility installations Look place on private property so no easements.would be in : olved, and 2�1r. Boardman said that was correct. � Chairperson Harris asked if a drainage easement wotild be needed in there, and I�ir. Boardman replied that the lay of the land took care of it nostly. He explained that t}ie drainage off of all three of these lots woul.d be ' onto the Target parking lot tanere there were catch basins which would handle it. I�Ir. Bergman said he assumed that so*ne kind of taritten agreement would be in order bett,reen Pop Shoppes and Target a�;testing that drainage was , agreeable between the two parties. He added that he thought it was more normal that any place of business would take care of its own surface drainage rather than drain off someplace else. Mr. Boardman said that was the only way they could handle the surface drainage, and pointed out ' that the catch basins in the Target parking lo� had the capacity to handle it with no problem., A1r. Albergotti said it i,ras handling it right now. �J � ' ' ' ' MOTION by Schnabel, seconded by Bergman, that the Planning Comriission close the Public Hearing on consideration of a Pro�osed Plat, P.S. �{76-12, Target Addition, by Pop �hoppes of America. Upon a voice vote, all voting aye, Chairperson Harris declared the I'ublic Hearing closed at 8:12 P.1�1. Mrs. Shea stated she had some reservations about this simply because of the intersection, and asked if the county had given a timetable regarding the planned improvements there. rlr. Boardman said that 53rd should hopeflilly be done this sumner. *irs. Shea s aid she hated to see anythin� go in there unless something was done with that intersection. rlr. Boardman explained that the improvements were being tied in with the urbanization project from Columbia Hei�;hts till the wa}r throu�h, and t:�ere were presently some difficulties ,. Planning Commission Meeting - January 19, 19?? p�� 4 1 E � ' � ' � � ' � � ' , r lJ � � � ' with Columbia Heights which would hopefully be resolved before March. • Mrs. Schnabel asked if that meant that if there wasn't an agreement by t4arch nothing would be done at all, and Mr. Boardman said that was right. Chair- person Harris said he certainly hoped that didn't happen, and asked what the problem ��as with Columbia Heights. 1fir. Boardman explained the Highway Depart- ment wanted ta widen the road, but the local businessmen didn't want to lose the on-street� parking around l�Oth. I?e further expiained that the urban- ization project went from 37th to 53rd, regardless of what community it �ras in� and if.any part of that project fell through the whole project would fall . through. Mrs. Schnabel asked why something couldn't be done on 53rd by itself, and rir. Boardman said �t was because there wouldn't be any state monies �for .it. He added that if it was going to be improved by itself, that Would be the county's rssponsibility. Mrs. Schnabel said that it seemed to her that something should be done on 53rd at a minimum, regardless if the other project fell through. Mr. Boardman said this was not to say that 53rd taouldn�t be done at a later date if that project failed, but it wouldn't be done this year. • ' . Mr. Bergman stated he thought the things they had been discussing were of some relative beara.ng, but not an overriding bearing� on the question of replatting the property. MOTION by Bergman, seconded by Langenfeld; that the Planning Commission recommend to Council approv2l of Proposed Plat P.S. #76-12, Target Addition, by Pop Shoppes of �merica, Inc.: Replat of all of Lot 10, part of Lots 11 and 12, Auditor's Subdivision No. 155, as per legal notice, generally located South of I. 691�, Wes � of High�•ray n65, North of 53rd Avenue N.E., and East of the Target parking lot, subject io a plan defining the aceesst�ay extending to all three of the proposed lots with the authorizing signature from Target or its parent company. Upon a voice vote, all voting aye, the motion carried unanimously. " . PUBLIC HEARING: REaUEST FOR A SPECIAI, USE P�`�'�-RI1IT SF�`?6-�-6, BY POP H0�'PFS 0`r' AI�`:�3ICA, IidC.: To permit the bottling of soi't drinks 2nd a retail oui,let, per �ridley City Code, Section 205•101, B, (3,�,), on Lot 10, a�c�__parts of Lots 11 and 12, Auditor's Subdivision No. 155, located SoutYi of I. 691�, tiJest of Highway No. 65, North of 53rd Avenue N.E., and East of�t.�ie Target parking lot, the same being 785 53rd Avenue N.E. �'\\ MOTION by Langenfeld, seconded by�SY�ea, that the Planning Commission open the Public iiearing on the request for��Special Use Permit, SP J{76-16, by Pop Shoppes of Arierica, Inc. Upon a voice�yote, all voting aye, Chair- person Harris declared the Public Hearing open��t 8:23 P•M• . � The same people were present as for the first Public ing. Mr. Boardman said that as was discussed before, Pog Shoppes wou be doing mixin� of the pop, stora€;e of that pop and retail sales of that pop 'thin ' • � � � � �Rw orr�ecs � � MASLON KAPLAN EDELMAN BORMAN BRAND � M�NUL.TY • � , ' �' � ' LJ �soo «�owcsr V�A2A MINNEAPOLIS, MINNESOTA 5�402 wwcw eooc a�s/»�-wo�s iAMUi� N. MASION MrMAN [O[IMAN sNCLDON KAP�AN MARVIN BORMAN IRVING p. BRAND � JOMN C M�NVLTV SAMUEL i•KAPLAN RAtPH STqANG15 STEPMEN B.SwART2 NARVEY •, KAPLAN CMARLES OUAINTANCE,Jw. NE1L �. StLi _ ROBERT A. EN6ELKE ROMAlO G.VANTINE MIGMAEL D.GOIONER MARTIN G.WEINSTEiN AHDRIS A, BAtTINS , JOAHN ti. LYNCH WII.t1AM 2. PENtELOVITCN MARCV 5. WALLACE MICNAEL �. SNO�N � • fi �1 ' � i � �. ' .� IJ � J 73-2486 Mr. Richard H. Harris, Chairman Planning Commission, City of I'ridley 6431 Univ�rsity Avenue Northeast Fridley, Minnesota 55421 d Dear 2•2z . Harris : � January Seventeenth 1 9 7 7 •�ON[t J. KAPLAN �fOY^Iti62 IIOOCR C. JOSCPN �s�a-��ec On behalf of Embers Restaurants, we respond to official notice by the City of P'ridley of a hearing before the Fridley Planning Com:aission scheduled for January 19, 1977, at 7:30 P.P�!. at the Fridle�� Ci�y I:all to review and act on a request for special use permit, SP 76-16, by Pop Shoppes of America, Inc., to Fermit the bottling of soft drinks and r�tail outlet located zt 785 53rd Avenue :�Jortheast, the legal description of k�hich is set forth in said noti�e. iae ' represent Central Em�ers, Inc ., �rhich octi*ns and operates an L-'mbers P.estaurant ur.der lease fron Fierrinr,er, Tnc. dated *iay 20, 19G5, ar.d coverii:q premises in Fridley just north of the Intersection of 53rd �lvenue N.E. and the westerly side of Central Avenue �ortheast. On September 12 , 1973 , c�•e wrote to Dayton Iludson Properties ��hich is interested in th� aforesaid request for special use permit and called attention � the visibility covenant set forth in said Eerringer lease. A copy of said letter of Septcmber 12, 1973, ti,�as forw3rded to Fridley Planninr Commission and is attached hereto as Exhibit A so as to give you the background. • ' . . Mr. Richard II. Harris, Chairman -2- i�i�� 1G ' � Carl IIirnberg, President of the �mbers Restaurants, , has been in touch with Dayton Hudson Properties and 2dr. Emmett R. Albergotti concerning the �roposed Pop Shoppe facility and application for special use permit. We are pleased to report that Mr. Eirnberg worked out an agreement with t�ir. Albergotti within the framework of the aforesaid visibility restrictions included in the afore- mentioned lease. Enclosecl herewith is copy of letter dated January 5, 1977, from P•4r. Albergotti, a real estate negotiatar for Dayton I?udson Properties, to Carl A. Birnberg, which is marked Exhibit B. We respectfully ask that this letter and the attach- ments thereto be made a part of the rridley Planning Commission. record on the application for special use permit.by Pop Shoppes ot America, Inc. and that one of the conditions for granting this special use�permit should be compliance with the aforesaid agreement set forth in Exhibit E. fIE : j w cc: rir. Carl �. Birnberg Mr. Emmett R. Albergotti � Since el.y ours, an Edelman � � • , • ' �� w or��e�s • MASLON KAPLAN EDLLMAiJ UOF2t�t/1N E3(2t.PJU �, f•: =t�ULTY fAkUC1. N. HASLON NrNAN LOCLMAN sMCLOO�� f.APLAN �A�hV1�� OO�'!M�K �RVU1G R 0�7AN0 ,�ONb C. MCNUITY sANJCL L KAOIwI'f p�Li•N vTRANG�S � sTC°•�CN O. SWnRT2 w�avSr ► Kwo��H c...atics au•�vTwNC_. �•. JAMES e opucK M£1�, 1. :rLl� � pOflERTA.CNGE�KE _ pOyAlO G. VANTINE NODE�7A v.. lEVV ' . M�CMA�L D. GOLON£R �AMES M•OOHOVAN MAAT�N G. WEINSTE�N •hOR15 A.BALTINS �000 M�nv: csr O�AIA MINNEAPOLI5, hiitJNE�'iOTA JJtIOG wwrw cooc e�ri�aw-eo�. , � Dayton Hudson Pxoperties � 777 Nicollet Mall tiinneapalis, 1`iinnesota 55402 Attention: Mr. Jerry Amundsen Dear Sirs: Septerber 1Welf.th 1 9 7 3 1H o��wc� � ..�..., �906-.Lyi R06LA f....0•.t.... �Y�7-IiS9 r°'� We represent Central Er.:bers, Inc. (Embers), which owns and operates an Embers' restaurant under lease fro��, Herrir.ger, Tnc. ' entered into on May 20, 1965. The premises are located in Fridl.ey, just nortii of the intersection of 53rd Avenue i�ortheast and the . westerly side of Central Avenue Pdortheast. We have been consulted by Garl Birr.berh, rresident uf Embers, who advises us that he has been contacted by Dayton Hudson Properties which pxoposes to sell a port�on of its pro�erty located north of the Enbers' tract and to build or cause to be built thereon a structure. Any such structure, we are inforned, �Tould interfere uith the visibility of the Er.�bers' buildin� to traffic going south on Central Avenue V.E. and approaching in ttie direction of I-694. We wish to caZl your attentian to Paragrapti \X of said lease dealing with tlie subject of "visibility" wliich reads as follok•s: "Lessor represents that it owns considerable land and pzoperty to the north of the der.iised premises lying beti.•een said der�ised prer,tises and t3. S. . iIighway G94 c.•here it approaches and joins State iii�hway 65 and ti�at it also o�:ns property to the south of the demised prenises, o;hich land and property are describeci in Exhibit "C" hereto � 0 � �Y.iIIIIZT 11 ' ^�.�p� . . . .. .. -�a,.q�va�C;t�.rae�c,..,.,,y, , : ' . . . . . �+nr � . � 0 � ' � Dayton Kudson i'ropertics — 2 — � � lI Septcr�v�:r ].2, 1973 attached. Les::or a�rees t1�at in erectinF buildin�;s and structures eiti:cr to ti-�c nor. th or to the south of the builc;ing portion o� tiie demi.sed premisc�, it will not impede ar interfer.e with visibility of Tenant's building and/or sign eithcr from U. S, tIiGhway G9�� or Statc lii�h�aay 65 or. fror� 53rd ��vetiue ivorth^_a:;t at Centr� 1 Avenue. Nothin� herein contained shall bn construed.to prevent ttle erection of a filling stati.on on the parcel adjoining on the sa��therly side of the builciing portion of the de�ised prenises or to lease or sell said parcel to a third party for erection of a filling station; provided that said filling station shall be set back from the servzce road so that it will be no closer to the service road than Tenant's buildin� as shown on tc►e plot plan, Exhibit "A". In acquiring the foregoin� visibility covenant, Embers ma3e s�bstanti�l financial contribution towards the cos� of its present building and therefore such visibility covenant is supported by valuable considera:ion. * ., � � Zir. Birnberg is of tt�e view that the conte��plated improve.:+ent described to hi� by your representative woul� be in violation oi the terms of the aforesaid Enbers lease with Herringer, Inc. Accoxdin�ly, this is notice to you ttiat Eribers will �.nsist an � strict cor�pliance i,rith ttie terr.�s of its lease re�arcling visibi.lity and would necessarily have to take whatet•er steps are required to o�pose Construction of the cont�r��plated i�_provenent. So that there k•ill be no , misunderstanding cencerning the ��hts of the parties involved,.we are sending a copy of this com�:unication to Yerrin�er, Inc., to Fridley Building Inspector, to Fridle} Planning Commission and to Open F.oad � Industries, Inc., which F;as identified tiy your representative as trc '� prospective purchaser of the aiorecenti�ned land fro:n you and the - prospective buildex of a structure thereon. Yours very truly, Hyman Edelr.:an xE:jw ec: Herringer, Inc. , Open Road Industries, Inc. ' Fridlcy liuilding Inspector Fridley F1lnning Coc�r.�ission � � bcc: rir. Carl Birnberg � �� j�:�� ; ; �� Dayton Hudson Properties 777 Nicoilet Matl - Minneapolis, Minnesota 55402 (612) 370-5579 January 5, 1977 Mr. Carl A. Birrb�rg, President Embers Restaurar�ts 1664 University Ilvenue St. Paul , hiP1 55] 0�� Dear P�r. Birnberg: 0 0 Thdhn yuu �or ycur time ioday to m�et v�ith Bob Harvey and myself concerr�ing the proposed Pop Shop�es' facility for Fridley, t1innesota. As ��e discussed, Pop Shoppes plans a bottling and retail operation on the site betv�een your Fridley store ar.d our Target facility. . 41e appreciate your coop�eration in �•�orking. out an agree�ent a11ot•�ing the Pop Shoppes -Faci 1 i t� to exi s � ti�ri thi n the frame�rork of the vi si bi 1 i ty restrictibns included in your ground lease. The grade of ihe Pop Shoppes' si te <<ri 11 be such �hat thei r bu i 1 d i ng roo � 1 i ne ��i 11 not be rore then 2 feet above the parking lot of your restaurant faciiity and no signs arill be erected directly north of your resiaurant or sign. A pylon sign t��ill be a11o�•;ed on the north:•lest corner of the Pop Sf�oppes' si�te. I��rill have our attorneys and draftsmen prepare a docu;rent outlining this agr2ement as t•rell as a site plan showing the exac� dimensions of the facilities invo7ved for your records. It is possible tnat an access �•�ay from your facil i ty through to Target's parki ng 1 oi.: can be �•�orked out al ong �ri th this site planning problem. I��iill be in touch as soon as Pop Shoppes' si te pl anners have vrorked ti�i s probl em out. 7hank you again for your cooperation. Sincerely, �, � �j�%�% c; '-1- r:�z�- ,/,:%��..G1 Emmett R. Albergotti Real Estate Pregotiator ERA:Ipm cc: R, Narvey J. xaviiz (Pop Shoppes of America, Inc) EXIIIBIT I3 1J i � . A,�,�._.... ---.,,s:_��,- � �r �. � � r�i �Fr _ Y � � � � t J• � � CITY OF FRI�LEY 2 6431 UNIVERSITY AVENUE N.E.� FRIDIEY, MINNESOTA 55432 TELEPHONE ( 612)5T1-3450 March 9, 1977 To Whom It May Concern: � Please be advised that the consideration of the street improve- ment project St. 1977-1, Addendum #2, which includes the improve- ment of 732 Avenue and Lakeside Road, as continued by the Council at their meeting of February 28, 1977 will again be con- sidered at the Council meeting of March 14, 1977. You are invited to attend and provide any input you may have pertaining to the improvement project. The Council meeting starts at 7:30 pom. Yours very truly, Engineering D?vision City of Fridley jm ��. • . . � �I . MA�I,ING LIST - ST. 1977-1, ADDENDUM #2 ��, . _� . _, . . . . _. .. _.. _ ..._.. . . _ . '�M Investment Co. John & Pamela Eggert 05 Ottowa Avenue S. 7351 Pinetree Lane ' Minneapolis, MN 55416 Fridley, MN 55432 incent & Sheila Tappe Keith & Gail Porter �� 00 Onondaga St. 1620 Onondaga Street idley, MN 55432 Fridley, MN 55432 • .. r n Gu & Cher 1 Halvo so � ck & Max}ne Gregor y Y North Branch, MN � 1618 Onondaga Street �05fi Fridley, MN 55432 ester & Arlene Ewer David & Linda Tyree � 565 73rd Avenue NE 1641 73rd Avenue NE idley, MN 55432 Fridley, MN 55432 �nald & Audrey Leier dirgil & Joan Ishaug 9 3rd Avenue NW 1473 75th Avenue NE New Brighton, MN 55112 Fridley, MN 55432 � ruman & Barbara Deiman Janet M. Latham 19 3rd Avenue NW� 1655 73rd Avenue NE ew Brighton, MN 55112 Fridley, MN 55432 �. . ._ --. - . � _. ohn & Pamela Schlemmer Lee & Nancy Johnson � 361 Pinetree Lane 7360 Stinson Blvd. NE ridley, MN 55432 Fridley, MN 55432 � . . .. � � � � . � � � � � � � . � � � � � , i ., ` �. � (3/9/71� : Z A ` Robert & Marilyn Bertram 7340 Stinson Slvd. NE Fridley, MN 55432 � Thomas & Sharon Marxen 773 83rd Avenue NE Minneapolis, MN 55432 . ..�� - -..._ __ � � i 2 i7 i RESOLUTION N0. � RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFI- ; CATIONS /1ND ESTIMIITES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1977-1, ADDENDUM #2 �� WHEREAS, Resolution No.12-1977 adopted on the 7th day of Feb., 1977 by the City Council, set the date for hearing on the proposed improvements, as specifically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and WHEREAS, all of the property owners whose property is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten (10) days notice by mail and published notice of the Council Hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing as noted in the said notice. NOi9, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. � 11-1977 are hereby ordered to be effected and completed as soon as reasonably possible,to wit: � Street improvements, including grading, stabliized base,hot-mix bituminous mat, concrete curb � gutter, storm sewer system, water � sanitary sewer services �, other facilities located as follows: � � � I� Lakeside Road (Onondaga Street to 73? Avenue NE) 73'� Avenue (Pinetree Lane to Lakeside Road) 2. That work to be performed under this project may be performed under one or more caz�tracts as may be deemed advisable upon receipt of bids. 3. That t}ie Public 14orks Director, Richard N. Sobiech is hereby designa.ted as thc Engineer £or this improvement. He shall prepare final plans and specifications for the making of such improvement. � ADOPTED BY THL• CITY COUNCIL OF TIIE CITY OF FRIDLL�' TFiIS DAY OH , 1977. � • hfAYOR - 1�'I I.LI�Pt J. NL•L'• � � � A7"T�ST: CITY CL�RK - I�1�1RV1N C. IiRUNSrLL � � � ORDINANCE N0. AN ORDINANCE ESTABLISHING CHAPTER 505 OF THE FRIDLEY CITY CODE ENTITLED "BICYCLE REGULATIONS" AND REPEALING THE PRESENT CHAPTER 505 ENTITLED "BICYCLE ftEGISTRATION" IN ITS ENTIRETY THE CITY COUNCIL OF TAE CITY OF FRIDLEY DOES ORDATN AS FOLLOWS: That present Chapter 505 Bicycle ftegistration be repealed in its entirety; And that Chapter 505 Bicycle Regulations be adopted as follows: Section 505.01 State Statutes by Reference Minnesota Statutes, Chapter 199 regulating the use of � bicycles on streets, highways, bicycle ways and bicycle lanes and Minnesota Statutes Section 169.221 regulating bicycles as they pertain to the provisions of the � biinnesota Highway Traffic Regulation Act, are hereby adopted by reference and shall be in full force and �ffect in the City of Fridley as if set out in full. Section 505.02� Scope These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any street, roadway highway, or upon any public bikeway/walkway path set aside for the use of bicycles and pedestrians, subject to those exceptions contained herein. Section 505.03 License P1ate Required No person who resides in the City shall ride or propel a bicycle on any street or upon any public bikeway/walk- way path set aside for the use of bicycles and pedestrians, unless such bicycle has been licensed and registered. Section 505.04 State License Exemptions Any person who, prior to March 1, 1977, applied for and received a permanent Bicycle License from the City of Fridley Police Department is exempt from purchasing a State Bicycle License until January 1, 1980. The exemption is upon condition that the permanent license remains on the specific bicycle in which the license was issued and to the same person that made application. The applicant must remain a citizen of Fridley for the exemption to remain in effect. The permanent license must remain attached to the registered bicycle and in legible condition. Should a replacement be required, this exemption is void. 3 STATE STATUTES BY REFERENC: SCOPE LICENSE PLATE ftEQUI RED STATE LICENSE EXEMPTIO� 0 � � � � � � ORDINANCE N0. Page 5 Section 505.05 Impounding If any bicycle is found to be abandonded in any street, alley, public bikeway/walkway path, or private property without knowledge and/or consent of the person in charge of said property, then said bicycle shall be impounded by the Fridley Police. Impounded bicycles shall be surrendered to the owner thereof upon proof of ownership and proof of legal registration satisfactory to the Fridley Police along with payment of fees herein provided. 1. Impounding - $1.00. � 2. For each additional day of storage after first 24 hours - $1.00. r 505.06 Sale At the expiration of sixty (60) days after impounding, � each bicycle which has not been claimed shall be sold at public auction. Notice shall be published in the ��,fficial newspaper of the City of Fridley at least two (2) weeks prior to such sale. � 505.0? Bikeway/Walkway Routes � i LJ � � r � � The City shall designate routes to be used by bicycles and/or pedestrians to include: Bikeway/walkway paths to be constructed in off-street locations throughout the City. Bicycle lanes, which are separate and distinct areas of the roadway marked and set aside for use by bicyclists. Bicycle routes, which are roadways to be used by bicyclists in conjunction with motor vehicle traffic. 505.08 Riding on BikewayJWalkway Paths When a bicycle is being ridden upon or along a bikeway/ walkway path, pedestrians using such path shall have the right-of-way and the operator or rider of such bicycle shall turn off such path or dismount if necessary to yield such right-of-way. 505.09 Bikeway/Walkway Route Making The City rsanager or his designee is authorized to erect or place signs upon any street, or adjacent to any street, indicating the existence of a bicycle lane or bikeway/ walkway path and otherwise regulating the operation and use of vehicles and bicycles with respect thereto. 3A IMPOUNDING SALE BIKEjVAY/ WALKWAY ftOUTES R,IDING ON BIKEWAY/ WALKj9AY PATI BIKEWAY/ WALKWAY ROU� MAKING ORDINANCE N0. Page 3 505.10 Motorized Vehicles Prohibited No person shall ride or operate a motorcycle, snowmcbile, or other motor driven vehicle upon a bikeway/walkway path, except for maintenance, construction, and emergency vehicles. 505.11 Parking No person shall park a bicycle in such a manner as to obstruct pedestrian or motor vehicle traffic . 505.12 Bicycle Patrol-Enforcement In addition to enforcement of the provisions of this Chapter by regular members of the Fridley Police Department, the City Manager or Public Safety Director is authorized to appoint individuals to a part-time bicycle patrol. Individuals appointed to such position shall be sworn to issue warning tags and �itations for violations of this Chapter within the confines of administrative procedure established by the City Manager or his designee. 505.13 Penalties Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 19??. MAYOR - �YILLIAr,4 J . NEE ATTEST: CITY CLERK - P�ARVIN C. BRUNSELL First Reading: Second Reading: Publish: JPH/pr � MOTORIZED VEHICLES P80HIBITED PARRING BICYCLE PATROL ENFORCEMENT PENALTIES 4 COMMISSION TERMS THAT WILL EXPIRE APRIL 1, 1977 FOR COUNCIL INFORMATION APPOINTEE T�� TERM PRESENT MEMBERS EXPIRES APPOINTEE EXPIRES PIANNING COMMISSION (Ordinance Wo. 606)(6 Members) Richard Harris 6200 Riverview Terrace N.E. (H.560-2491) Herman Bergman 5503 Regis Trail N.E. (H.571-3683) Robert Peterson 480 Rice Creek Blvd. (H.571-8278) Virginia Schnabel 1527 Windemere Circle (H.571-3318) James Langenfeld 79 63 2 Way N. E. (H.571-1969)(B.861-4511) Barbara Shea 1456 Windemere Drive N.E. (H.571-2977) 4-1-79 4-1-77 (Chairman will be chosen b Communitv Develo ment Commission 4-1-79 4-1-78 4-1-79 4-1-78 4-1-80 COMMUNITY DEVELOPMENT COMMISSION (Ordinance No 606)(3 Year Term - 5 Members) Herman Bergman 5503 Regis 7rai1 N.E. (H.571-3683) Hubert Lindblad 160 Crown Road N.E. , ' � H.560-5148)(B.535-1721x236) Charles E. Gooder 7363 Memory Lane N.E. � Fridley, Minnesota 55432 I, ' � William Forster 7539 Tempo Terrace ' (H.784-8360)(B.786-6322) � � LeRoy Oquist 1011 Hackman Circle (N.571-Q415) 4-1-77 4-1-79 4-1-77 4-1-80 4-1-80 4-1-78 Resigned Via Telephone, let ter coming 4-9-78 ��i � . � i EXPIRING COMMISSION POSITIONS `4A PAGE 2 APPOINTEE TEftM TERM PRESENT MEMBERS EXPIRES APPOIN7EE EXPIRES PARK AND RECREATION COMMISSION (Ordinance No. 606)(3 Year Term - 5 Members) Robert Peterson 4-1-79 480 Rice Creek Blvd. (H.571-8278) David Harris 4-1-77 4-T-�0 470 Rice Creek Blvd. (H.574-9551)(B.571-7792) Leonard A. Moore, Jr. 4-1-79 8301 Riverview Terrace N.E. (H.784-7762) Jan Seeger 4-1-78 324 Ironton St. N.E. (H.784-7441) Harvey Wagar 4w1-77 4-1-80 5940 Stinson Blvd. (H.571-4660) APPEALS COMMISSIOIV (Ordinance No. 606)(3 Year Term - 5 Members) Virginia Schnabel 4-1-78 1527 Windemere Circle N.E. (H.571-3318) Patricia Gabel 4-1-79 5947 22 Street N.E. (H.571-1288)(B.784-7595) . Richard C. Kemper 4-1-78 6736 7th Street N.E. (H.571-9788) James Plemel 4-�1-77 6864 Channel Road N.E. (H.571-0026)(B.421-4760x126) Alex P. Barna 4-1-79 560 Nugo Street N.E. (H.784-5468) 0 4-1-80 � �4B EXPIRING COMMISSION POSIi'IONS. PAGE 3 APPOiNTEE TERM TERM PRESENT MEMBERS EXPIRES APPOINTEE EXPIRES ENVIRONMENTAL QUALITY COMMISSION (Ordinance No. 606)(3 Year Term - 5 Members) James Langenfeld 4-1-79 79 63 2 Way N. E. (H.571-1969)(B.861-4511) Bruce Peterson 4-1-77 4-1-80 7503 Tempo Terrace N.E. (H.786-9898) Michael Paripovich 4-1-79 8200 East River Road N.E. • (H.786-2948) Lee Ann Sporre 4-1-78 301 Ironton Street N.E. (N.786-4237) Thomas J. Sullivan 4-1-77 4-1-80 �.350 Gardena Avenue � (H'.571-0125)(B.571-9116) HUMAN RESOURCES COMMISSION (Ordinance No. 606}(3 Year Term - 5 Members) Barbara Shea 4-1-78 1456 Windemere Drive N.E. (H.571-2977) Ned Storla 4-1-79 7548 Alden Way N.E. (N.571-6726) William Scott 4-1-78 6680 Lucia Lane (H.574-1143) Harold Belgum 4-1-77 191 Hartman Circle N.E. (H.571-1191) Grace tynch 4-1-77 580 54th Rvenue N.E. (H.560-9589) 4-1-80 4-1-80 � ' � � ' EXPIRING COMMISSION POSITIONS TERM PRESENT MEMBERS EXPIRES APPOINTEE CABLE TELEVISION COMMISSION (City Code 405.28)(5 Members - 3 Year Terms)_ Mark Scott 4-1-78 7190 Riverview Terrace (H.786-3063)(B.571-1934) � Kenneth Brennen 4-1-78 6716 7th Street (H.571-8035)(B.781-6061) Barbara Hughes 4-1-77 548 Rice Creek Terrace ' (N.571-6182)(B.871-7332) Edward H. Dunn 4-1-79 7535 Lyric Lane (H.786-1894)(6.571-9781) Edward Kaspsack 4-1-79 1317 Hillcrest Drive (N.571-0441)(B.332-6951) � - � d FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year 'Terms) Elmars A. Prieditis 6-9-81 6031 Benjamin Street N.E. (H..571-7230)(B.332-1401) Russel Houck 6-9-77 750 Overton Dr. (H.571-3249) Pastor Arnold Stone 6-9-78 6950 Hickory Drive (H.784-9394) Larry Commers 6-9-79 5197 Lincoln Street (H.788-8925) Carolyn Svendsen 6-9-80 5741 Moore Lake Drive (H.560-6060) 4C PAGE 4 APPOINTEE TERM EXPIRES 4-1-80 6-9-82 ! , ' EXPIRING COMMISSION POSITIONS PRESENT MEMBERS 7ERM EXPIRES APPOINTEE POLICE COMMISSION (City Code Chapter 102)(3 Year Term - 3 Members) Tim Breider 4-1-79 7550 Tempo Terrace � (H.786-5341)(B.941-6500x536) Jean Schell � 5198 St. Moritz Drive tH.�71-3283} Nelen Treuenfels 5248 Horizon Drive N.E. (H.560-5907) 4-1-77 4-1-78 BOARD OF HEALTH (City Code Chapter 112)(3 Year Term - 3 Members) � Dr. C. E. Turbak 4-1-79 23 Rice Creek Way N.E. (H.560-1470�(B.560-2820) e J Dr. Donald L. Wright 101 Logan Parkway Walter H. Jopke 5230 Lincoln Street (H.788-2205) 4-1-79 4-1-79 4D PAGE 5 APPO I NTf E TERM EXPIRES 4-1-80 0 ANOKA COUNTY LAW ENFORCEMENT COUNCIL (1 Representative and 1 Alternate) , Councilman Hamernik, Rep. 12-31-76 Councilman Hamernik, Rep. 12-31-77 Councilman Fitzpatrick, Alt. 12-31-76 Councilman Fitzpatrick 12-31-77 SUBURBAN RATE AUTHORITY (1 Member and 1 Alternate) Councilman Starwalt, Member 12-31-76 Mr. W.R. (Walt) Starwalt 12-31-77 Edward Hamernik, Alt. 12-31-76 Councilman Hamernik 12-31-77 NORTH SUBURBAN SEWER SERVICE BOARD (1 Representative and 1 Alternate) Councilman Starwalt 12-31-76 Councilman Schneider 12-31-77 Councilwoman Kukowski, Alt. 12-31-76 .ouncilwoman K�kowski 12-31-77 '� , ASSOCIATIOIV OF i1ETROPOLISAN MUIVICIPALITIES � Councilman Fitzpatrick, Member 12-31-76 Councilman Fitzpatrick Councilman Starwalt Alt. 12-31-76 Councilwoman Kukowski � � ' � 12-31-77 12-31-77 [� 1 , � MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director �. DATE: March 9, I977 SUBJECT: Consulting ServiceS Agreement - City of Fridley and Eugene A. Hickok and Associates Attached please find a proposed consulting services agreement � between the City of Fridley and Eugene A. Hickok and Associates to provide environmental consulting services pertaining to a Lake Restoration Study of Moore Lake. ' , ' * y � � � �J ' � i 1 '�1 1 The agreement is provided based on direction given by the City Council at the Council meeting of February 28, 1977. Please note the correspondence from the consultant indicating that the consultant's project cost for the study can be reduced by utilizing City of Fridley personnel services. At this time however, it would be difficult to predict to what exte�nt the City will provide services, therefore, it should be understood that the estimated project cost will 5e $17,120 including consulting services and City personnel services. City personnel services will be used to the maximum extent possible to reduce consultant charges. It is requested that the City Council consider execution of the agreement at the meeting of March 14, 1977. It is recommended that the correspondence from the consultant and this memorandum be made part of the agreement to ensure proper understanding of the use of City personnel. RNS/jm r I11 . , if ' �� 5A Euqerle 11. HiCkok r�nd �ssociafes, Inc. Hydrologist� — Engineers � -.,* � , �� ,. � �� ,,�' � �� , `�� ' � `*�w� �� . �, Q�., . •,_.....,,,; , - � P 5451ndian Maund � -� Wayzata, Minnesota 55391 (612)473-4224 March 4, 1977 t�ir. Steven J. Olson Environmental Officer City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 Re: Moore Lake Evaluation and Restoration Project � «Dear Steve: � . Enclosed herewith are six signed copies of the proposed con- , tract for the referenced work. Please note that the basis of payment is actual time spent on this project. Any assis- tance that you and members of your staff will provide will reduce the cost of the project and every attempt will be made to utilize our services to the maximum extent. � y If you have any questions on this contract please contact me. Respectfully submitted, � EUGEN A. HICK K AND ASSOCIATES ' ohn R. MacLennan, P.E. Vice President JRi�i/cmk Enclosures � ' � � � _ �- � i � � I � I' , � � ' , ' �J � � � CONSULTING 11GRF•.Ei1ENT BY AND BET�•TEEN CITY UF FRIDLEY, 2'IINNESOTA AND EUGENE A. HICKOK P,rID ASSOCIATES 545 indian t-Tound Wayzata, T�tinnesota 55391 This Agreement entered into the day of P'Iarch, 1977 by and between the City of Fridley, Tsinnesota (hereinafter, the City) and E. A. Hickok and Associates (hereinafter, the Con- • sultant) is for certain environmzntal consulting services as set forth below. I. ~ J' II Work to be Performed The consultants shall furnish professional services with respect to �aater quality studies of T400re Lake in ac- cordance with Exhibit 1, E. A. Hickok and Associates letter to the City of Fridley dated February 4, 1.977, for the total basin alternate. The Consultant will provide all necessary facilities and experienced staff to perform the professional services under this agreement in a com- petent and workmanlike manner. � . Compensation In full consid�ration for the professional engineer- ing services under this agreement, the Consultant shall be compensated in accordance with Exhibit 2, Fee Schedule, with expenses billed at cost. Notwithstanding any other provision of this agreement, the Consultant shall not be compensated more than $17,120 without prior approval of the City. 5 B. . ' � 1 ' ' � �'� The Consultant will bill the City on a monthly basis and provide any reports, invoices and records which the City may reasonably require. The City will make payment on the basis of properly itemized and documented invoices promptly after receipt and approval of such invoices. The City �shall also make payment for all services cahich are rendered but not billed prior to the termination of the agreement as provided in paragraph IV. III. Independent Contractor In rendering services hereunder, the Consultant shall be an independent contractor and no employer/employee re- � lationship shall arise out of or.result from rendering �°� such services. ' IV. Insurance The Consultant shall obtain insurance satisfactory to the City as to amounts and coverage covering the work to be performed by the Consultant under this agreement and ' furnish the City with copies of Certificates of Insurance. ' � ' ' , V. Representatives Eugene A. Hickok, the Consultant, will be the repre- sentative for the purposes of this agreement. Dir. Richard City's Sob�.ech, Director of Public j•lorks will be the ��i��i��J � re- presentative for the purposes of this agreement. VI. Termination This aqreement shall be effective from.*iarch , 1977 and shaZl terminate upon completion of the Consultant work hereunder unless sooner terminated by either party by 5C . giving sixty days notice of termination in writing to the other party. IN WITNESS WHEREOF, the City and�Consultant have executed this Agreement as of . 19�7• . Approved as to form and eXecution this day of , 1977. CITY OF FRIDLEY, bZINNESOTA EUGENE A. HICK01: AND ASSOCIATES By BY P�ayor n R. P•�acLennan, P.E. ice President By Crty P�anager 7 � 5D ; . � . . , � � L� ' ' LJ ' � � � ' � , Eugene A. Hickok and Associates, Inc. Hydrologists — En�ineers 545 Indian Mound Wayzata, Minnesota 55391 • (612)473-4224 February 4, 1977 Mr. Steven J. Olson Environmental Officer City of Fridley 6431 Universi�ty A,�enue NE Fridley, riinnesota 55432 Re: Moore Lake Evaluation and Restoration Project Dear P•4r . Ol son : 5E G.� �' � � Z -,' 4p� �� J' f �' i��•,� � �> "'�,.• � :�� . ;; . . , � .� ..� . Pursuant to our discussion of January 31, 1977 ar_d our pre- vious correspondenc2 d�ted January 30, 1976, January 27, 1976 and Apr_�l 5, 1973, I hac�e prepared this revised c•rork plan for detailed studies �,r'iich may be appropriate tc in- vestigate and evaluate �ioore Lake. The primary o�jective of the project is to i�enti�y the problems, evaluate solutions, docur:�ent rzstoration al.ternatives and preparation of an application for a lake restoration grant. A work plan K�ill be briefly described in the follo:aing paragraphs which will provide the backbone oi studies to be developed. This proposal can be applied to the east lake, the west lake or the total. basin. 1. Develop hydrologic and nutrient balancs of �ioore Lake and its basins. Lake volumes, lake area, drainage areas ana characteristics will be deter- mined as well as the ��ater levels and wat�r quality data indicated in Table No. I. These bal�nces will pro�ide a means to m�asure the effects of various alternative corrective action which will be considered. 2. Evaluatio:� of the existing plans and uses for Moore Lake in the park an3 recreation systzm, the �;ater quality standards required to meet these objec- tives, identification of proble� areas and th� actions required to me�t the stated objectives. 3. Evaluation of various alternatives �o correct the � problems, economic and political assessment of r � .� .. � , �J Mr. Steven J. Olson February 4, 1977 Page Two � the alternatives, and recommend action with pre- liminary cost estimates, suggested implementation schedule, and sources of funding. � � ' 4. Preparation of report of the findings., recommenda- tions and environmental assessment of proposed action in the form of a grant application for lake restoration funds. All work would be coordinated with the Park and Recreation Commission, the Environmental Quality Commission and other City personnel responsible for this project. , The work should begin immediately with the water quality pro- � gram started as soon as authorization is given. The investi- gation would be scheduled for completion in one year and the , work can be completed by January 1, 1978. This schedule is flexible and can be revised to meet other requirements, if necessary. � I�� The expense for the professional services to per£orm this *i�vestigation is described in Table No. I and would be billed according to our regular fee schedul�. The work will be billed on the basis of the actual hours spent on the project and the exp�nses incurred �.ould be billed at cost. 1 We would be pleased to provide the professional services to your City and believe we offer a complete and coripetent staff to develop a reasonable and effective plan for Moore Lake. � We would be available to discuss this proposal with you and the City Council if you have further questions. � � 1 � i 1 Respectfully submitted, EUGENE A. HICKOK AND ASSOCIATES Norman C. Wenck, P.E. NCtiV/cml Enclosures 5F TABLE NO. I � t400RE LAKE EVALUATION & RESTORATION PROJECT WORK ELEP�IENTS I. Lake samples (48) (frequency - two times in winter, once during April, June, August and October). Two lo- cations on east P�loore Lake (3 depths) Two locations on west bloore Lake (1 depth) Parameters Hardness, mg/1 (Selected Samples) Alkalinity, mg/1 (5elected Samples) Total Phosphorus, mg/1 Orthophosphorus, mg/1 Total Kjeldahl.Nitrogen, mgfl Nitrite Nitrogen, mg/1 Ni�trate Nitrogen, mg/1 �mmonia Nitrogen, mg/1 Chlorophyll, ug/1 Chloride, mg/1 pH Temperature, °C Di.ssolved Oxygen, mg/1 Secchi Disc, feet II. Storm sewer samples (77) (frequency three storms and two spring runoff samples). Seven locations, three � samples per storm Parameters Total Suspended Solids, mg/1 Total Phosphorus, mg/1 Orthophosphorus, mg/1 Ammonia Nitrogen, mg/1 Organic Nitrogen, mg/1 Nitrite Nitrogen, mg/1 Nitrate Nitrogen, mg/1 Chloride, mg/1 pH Temperature, °C Lead, mg/1 (Selected Samples) East Moore Lake West Moore Total Lake Basin $2,175 $1,125 $2,700 $2,690 $2,250 $4,290 5G � .. . ' � TABLE NO. I (CONTINUED) ' I, , III. Well samples (15) (frequency - three times). Five locations, 1 sample per location � Parameters ' Total Phosphorus, mg/1 Orthophosphorus, mg/1 Nitrate Nitrogen, mg/1 ; � Ammonia Nitrogen, mg/1 Total Kjeldahl Nitrogen, mg/1 Chloride, mg/1 Total Coliform, colonies/100m1 � pH �. �'� , IV. Installation of Nloore Lake level rec.order. Installation of Stevens Type F recorder at outlet of ' Moore Lake estirnated expense � V. Temporary installation of stage recorders in each of seven storm sewers discharging to Moore�Lake. Estimated expense � and equipment rental - $1,200 I� VI. Lake bottom cores (20), classi- f ication and analysis of cores, lake soundings and development '', � of new bottom contour map , VII. Evaluation of data, development of alternatives to correct problems with recommended actions, preliminary cost est- I', , mates and implementation schedule � ' 1 . East Moore Lake West Moore Total Lake Basin $ 475 $ 365 $ 700 $ 1,100 $ 1,100 $ 1,100 $ 1,200 $ 900 $ 2,100 $ 720 $ 1,220 $ 1,380 $ 2,300 $ 2,700 $ 3,300 5H 0 . , , • ' TABLE NO. I (CONTINUED) ' ' VIII. Preparation of Clean Lakes Lake Restoration Grant Application for submission to the Minnesota �� Pollution Control Agency Estimated Total Expense*------- r East Moore Lake West Moore Lake T�tal Basin $ 1,600 $ 1,600 $ 1,600 -----$12,260 $11,260 $17,17Q *Please note that if individual work � elements are revised or deleted, the expense of other elements may change ' , � ' � r � � r � r . . � � r SI Eugene A. Hickok and Associates, Inc. 0 January Z, 1�75 Standard Fee Scnedule (HOUrIy rdte) Principal $42.OQ Program ?ianagzr $36.OG Project rianagar $30.00 Senior Er.gin�ar $27.00 Engineer $20.00 Enginear-in-Training $1G.00 Technician $1L.00 � Secretar.y ' $ 9.00 Out-o£-tioc};et �xpens�s and renrod�-�ctions ��ia_1 be charg4d a� cost. r4il�aa� caill be cnat��d at the rate of 15 cents per mile. , � 5� ,4 . � ' , ' � J 0 ai � LL� 0 �� Y F L �� Q CITY OF FRIDL�Y j6431 University Avenue N.E. �Fridley, t4innesota 55432 Telephone: 571-3450 0 T0: The Honorable Mayor OATE: March 4, 1977 and City Council FROtd: Charles A. Boudreau, Director SUaJECT: Trailer D1ode1 Tree Spade ' Parks and Recreation Department � ❑ Attached are the bids received for the anticipated purchase of a tree spade for use by the Parks and Recreation Department. � It is my recommendation that we purchase the Vermer Tree Spade from Vermer Sales and Service, 3750 West Highway #13, ' c� Burnsville, Minnesota. As you will note, both bids received are Within $10.00 when the 10% discount price is excepted from the Burnsville Vermer Sales and Service bid. I believp that the imnediate delivery would benefit us in readiness for spring transplanting. If there are any further questions concerning this matter, please contact me. Sincerely, � �' , ✓�'�'"'i"'�`��.•-� Charles A. Boudreau 0 �6 - _� �S ■ . ,� J , ' Enc. ' � � � :� , `` ; �. , . . . � . . •;�' ' . � � � , , . ;,, e�.. . . . . . . � .1 .. ... �: ir, - ... ... .. . .. . - .. � _ . . . . . . . . . . .. . . � . � a.�,_ �.�.�..L..:��,..��.r..:w-.....-_ �'.r� �..r.a.. t i0 � i O Z m E a 0 0 � w r- o � cs ¢ ►Z+ N ^ 2 Of W 4! � O cti F- N O ►+ J S LO W {..1 O aK f S � W J OC F� :, � ve v co � t aCi � � n o �+ ar � m N •j 'r" O � r L �.N- � � r O �.l A> A t 17� T N O.i W N ' +- C �L Vf QJZ /�Ar N C O � �►- L a► R) > � N � N O Q� Y N W N = v+� C 1-- L .0 �► � N r �J C aW ��y AE73� J � O � i O � O J N C� �� E � U W � i 6! �O O O.� V � r�.+ O C7 i00 h V►4-t N d't4- O/ O � � # r�t y # 1+ � C1 O� � f W a 0 > � � i W �J N iy y ► � � �r > 0 � � N O � O o� rr } F- � i � i d-' rt A 3 � � .- .- . aW W O W Q Q Q�U d et �-.. z � � � d' � d N N W W F- S 1- � � ...1 �- W Q O Z � � � 'O O O � � ' . � o o O • O W � � W 01 O�-- Of �' OC. r-C�y CO r- .- O1 W N LY 00 � N OO � Wd O N.- d' CC W ~ V! F� F- Z . 1 H • G OWt� 0 o�J•+r m m5N # Q o o�z o , c� O m m W O m C� m O ?t 2 Z O O Q Z 4'► h- ►+ Z Z � H m W �D W � v �O t� 1" •- � v�i > wt-� O.' OC �'! Q/ N s. W tA • W W � r d W Vf V N �- Q ►�r GC � 3 �� ss� wN� N V1 Z tal C'J 2 0 • W y/ �� Z�+i„ N T N OC J � J.r W .-� Z r�+ N►+ � N Y Q . � ..�i V O� ad W �d 4� W¢N W3N �OOQ. � WN4) LG O W O J W�� O 1� 1— �-+ N�-+ ' t..1 . f[1 'C ti M ['n [G .— Uf '� � :� 6A 1 I RESOLUTION N0. A RESOLUTION TO ADVERTISE FOR BIDS FOR A TRAILER MOUNTED BRUSH CHIPPER BE IT RESOLVED by the Council of the City of Fridley, as follows: 1. That it is in the interest of the City to award bid contracts for the following items or materials. TRAILER MOUNTED BRUSH CHIPPER 2. A copy of the specifications for the above described items and materials, together with a proposal for the method of purchase and the payment thereof have been presented•to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the acquisition of said items and materials. 3. The purchase of said items and materia]s as described above shall be effected by sealed bids to be received and opened by the City of Fridley on the 29th day of March, ]977 at 1]:00 a.m. The City Manager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by.law and the Charter of the City of Fridley, the notice to be sub- stantia7ly in form as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published at least twice in the official newspaper of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. WILLIAM J. NEE - MAYOR ATTEST: RVIN C. BRU SELL -.CITY CLERK 7 � 1 ' ' � � � � ' � , ' ' � I� J ' ' ' iJ J CITY OF FRIDLEY BIO NOTICE for TRAILER M4UNTED BRUSH CHIPPER EXHIBIT "A" The City Council of the City of Fridley, Minnesota will accept sealed bids on one (1) TRAILER MOUNTED BRUSH CHIPPER on the 29th day of March, 1977 until 11:00 o'clock a.m. on said date at the fridley City Ha11, 6431 University Avenue Northeast, Fridley, Minnesota 55432 (Te7ephone: 571-3450). All bids must meet the minimum requirements of the specifications. Failure to comply with this section can result in disqualification of the bid. Each bid shall be accompanied by a Certified Check, Cashier's Check, Cash or Bid Bond and made payable without conditions to the City of Fridley, Minnesota, in an amount of not less than five perceni (5%) of the bid, which check, cash or bond shall •- be forfeited if bidder neglects or refuses to enter into Contract, after his bid has been accepted. � The City reserves the right to accept the bid which is determined to be in the best interest of the City. The City reserves the right to reject any and all bids and waive any informalities or technicalities in any bid received without explanation. The City Council also reserves the right to consider such factors as time of delivery or performance, experience, responsibility of the bidder, past performance of similar factors that it may determine to be in the best interest of •the City. Copies of the �ecifications and general conditions may be examined in the office of the Purchasing Agent, or copies may be obtained from this office. A1l bids must be submitted in sealed envelopes and plainly marked on the outside with "TRAILER MOUNTED BRUSH CHIPPER". PUBLISH: March 17, 1977 March 24, 1971 Nasim M. Qureshi City Manager 0 7A