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05/15/1978 - 5406I � � ` PETER J. FLEMING ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING MAY 15, 1978 � � _ �: _ �_ ' _ -. CON7INUATION OF THE 60ARD OF REVIEW DIEETING - MAY 15, 1978 Mayor Nee re-opened the Qoard of Review Meeting at 7:55 p.m. which had been continued from May 8, ]978. PLEDGE OF ALLEGIANGE: Mayor Nee ]ed the Counci] and audience in the Pledge of Allegiance to the Flag. COUNCIL MEMBERS ATTENDING: Mayor Nee, Councilman Hamernik, Councilman Fitzpatrick, Councilman Barnette and Councilman Schneider COUNCIL MEMBERS ABSENT: None OTNERS PRESEN7: Mr. Nasim Qureshi, City Manager Mr. Mervin Herrmann, City Assessor Mayor Nee stated the regular meeting of the C9ty Council would convene, after this meeting of the Board of Review. Mr. Herrmann, City Assessor, submitted a report on the foliowing items. FRIDLEY TERRACE: Mr, Herrmann stated a representative from Fridley Terrace had contacted him this past week regarding the assessments for Frid�ey Terrace. He stated, after comparing the other mobile home par•ks in Fridley, the representative was convinced the assessment was equal as far as the City goes. He stated, however, the people from Fridley Terrace plan to appear before ihe County regarding this item. SEARS: Mr. Herrmann stated that Sears has not pursued the matter further regarding their assessment. GRAIN TERMINAL ASSOCIATION: Mr. Herrmann stated that Grain Terminal Association has not contacted him since 7ast Monday> May 8, regarding their assessment although they would be considered as appearing before the local Board of Review. FMC: Mr. Herrmann stated that FD1C indicated they needed more time to present their case, however, they wished to be on record as having protested the assessment at the local Board of Review. GERALD HERLOFSKY - 1365 HILLWIND ROAU: Mr. Herrmann stated their office recommends a$700 reduction in the value from $46,200 to $45,500 re]ating to the valuation of a portion of the basement. He stated action is necessary by the Board of Review in order to reduce the value. MOTION by Councilman Schneider to reduce the assessed valuation by $700 on property owned by Gerald Herlofsky at 1365 Hillwind Road. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee dec]ared the motion carried unanimously. MOTION by Councilman Hamernik to close the public hearing and adjourn the Board of Review meeting. Seconded by Councilman Schneider. Upon a voice 10�� .� ` _ . , � , _ . t ' � ll0 i i ; CO�STINUATIOfV OF BOARD OF REVIEW MEETING - MAY 15, 1978 Page 2 I vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Board of Review meeting adjourned at 8:00 p.m. I Respectfully submitted, ' Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: . _.. _.._. __. ._..�.__ .....__.._ ... ...___. .. "__....._.. �._. . _.. _.._ ._ _ . .__.._.. __.f.....__...._.,_i__.� il.] THE MINUTES OF 7HE REGULAR MEETING OF THE FRIDLEY CIiY COUNCIL OF MAY 15, 1978 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at B:OQ p.m. PLEDGE OF ALLEGIANCE: The Pledge was said previous]y at the meeting of the Board of Review. ROL! CALL: MEMBERS PRESEN7: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF CERTIFICATE: A certificate of appreciation was presented to NaroTd Belgum for his services as a member of the Human Resources Commission. Mayor Nee read the certificate and stated the Council appreciated his efforts and contributions he made to the Commission. PROCLAMATIONS: Mayor Nee stated he 9ssued two proclamations and would appreciate a motion by the Council to ratify those proclamations. One of the proclamations was for National Public Works Week from May 2l - 26, i978 and the other one proclaimed the month of June, 1978 as Recreation and Parks Month. MOTION by Councilman Fitzpatrick to ratify the above proclamations issued by Mayor Nee. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF MINUTES: REGULAR MEETING, MAY 1, T978: MOTION by Councilman Hamernik to approve the minutes of May l, 1478 as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: CON7INUED PUBLIC HEARING FOR ZONING ORDINANCE AMENDMENi� ZOA �78-03, BY THEODORE BURANDT, REZONE FROM R-3 TO CR-1; 941 HILLWIND ROAD N. E.: Mayor Nee reopened the public hearing on this item at 8:05 p.m. Mr. Sobiech, Public Works Director, stated the public hearing had been continued to allow the petitioner, P-1r. Burandt, time to obtain a verified survey of the parcel invo]ved in the rezoning request. iMr. Sobiech stated a single family dwelling is now located on the property , a�d the rezoning is requested to allow this dwelling to be used as a real estate office. He stated, since the original construction was for a single � family home, the codes that we're followed were for a residential zoning , district; therefore, if the property is rezoned, the dwelling would become a � ; .:. � .4.. .. 1 ,._ _ _ . _ _ __ __ _ _ -- � _ __ _ __ _�.. . __. �._. 112 ' REGULAR MEETING OF MAY 15. 1978 PAGE 2 legal non-conforming use. Mr. Sobiech stated correspondence was received from the property owner to the North of this parcel which indicates their desire to eliminate the fence and have landscaping ,instead, MOTION by Councilman Schneider to receive the correspondence from Mr. and Mrs. Mike McGraw, 1001 Hillwind Road dated May 15, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, D1ayor Nee de^lared the motion carried unanimously. Mr. Sobiech stated, if the rezoning is approved, some of the items to be considered would be submission of a landscaping and drainage plan for review and approval; there should be a screening separation between districts as approved by staff; perforrnance bond should be required in an amount to cover the cost of improvements; the existing driveway should be removed and that area landscaped; and the signing should remain within the new code requirements. Councilman Schneider stated, if Mr. Burandt's property is rezoned, the McGraw's house would be the only single family usage in the area and would be surrounded by commercial zoning. Mr. Burandt stated he wou1d be interested in purchasing the McGraw's property, if they wished to sell. He stated, at this time, however, that is not the case and felt possibly in the next few years this situation would change. Mr. lierrick, City Attorney, asked if Mr, and Mrs. McGraw had been asked to join in the petition for rezoning, since it was brought out at the last meeting that the McGraw's had purchased the property under the assumption that it was zoned commercial. Mr. Burandt pointed out that if Mr. and Mrs. McGraw had their property reaoned and something happened to the dwelling, they couldn't rebuild because it would be a non-conforming use. Councilman Schneider indicated he felt the rezoning would put the McGraw's in an undesirable situation of being surrounded by conunercial property. He stated another problem he has is that the home will be used for an office building which would require variances. Councilman Schneider felt the Council should proceed with hir. Herrick's suggestion to contact Mr. and Mrs. McGraw to see if they are interested in rezoning their property. No other persons in the audience spoke for or against this rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:22 p.m. Mayor Nee asked Mr. Burandt to contact Councilman Schneider to attempt to work out some of the concerns he had expressed. INUED PUBLIC HEARING FOR FINAL PLAT, F CO ADDITION, BY TRI-CO BUILDERS INC.; SION P.S. #78-01 Mayor Nee reopened the public hearing on this item at 8:24 p.m. � Mr. Sobiech, Public LJorks pirector, stated this public hearing had been continued in order for the petitioner to give an indication of their plans I for this plat. A proposed plan was submitted for the Council's review ; which showed access and placement af the structures. ' Mr. Sobiech noted the petitioners are proposing no access to Old Central Avenue. He explained the accesses would be donated by covenants along with ; aliowing the existing house, or "the exception", as it is sho4m on the map, to use that access also. Mr. Sobiech stated, as far as the City staff investigations, they cou1d find no formal easement for the access the � existing house now uses. _� w` I � I �, � � __ _ __ _ __ _ . _ ___� ___ _ _. _ __ __ _ � . :_.__� `___- --____. 1�� REGULAR MEETING QF MAY 15, 1978 PAGE 3 Mr. James George, representing Tri-Co Builders, stated they have a letter frorn Mrs. Norton and Mrs. Bergland indicating they are in agreement with ihe access ihey will be providing to the existing house. Mr. Sob�ech stated, if the plat is approved, plans and specifications should be sent to the Engineering Department for review and funds escrowed for this review and inspection of the facilities. He further stated there will be a park fee which the petitioner is aware of. No persons in the audience spoke for or against this proposed plat. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:30 p.m. 8ecause Mr•. George indicated he would like approval as soon as possible, Mayor Nee polled the Council to see if they had any objection to taking action this evening. There being no objections, the fo7lowing action was taken. MOTION by Councilman Schneider to approve the plat, preliminary suhdivision P. S. #78-01, Tri-Co Addition, by Tri-Co Builders, Inc. with the siipulations that the easement provided for the exception be c]eared; plans and specifications to be reviewed by siaff and funds escrowed to cover necessary inspection fees; the required park fee to be paid; and the petitioner work with the staff on district separation screening. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON A REQUEST FOR A SPECIAL llSE PERMIT, SP #78-05, BY BENNIE ROZMAN, 8031 BEECH STREET N. E.: MOTION by Councilman Hamernik to waive the reading of the Public Hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the Public Nearing opened at 8:32 p.m. Mr. Sobiech, Public Works Director, stated this is a request for a special use permit to allow a commercial recreation-type use in an area zoned heavy industrial. He stated the proposed use would be a disco teen center located between Main and Beech Streets, North of 79th Avenue. Mr. Sobiech stated the Planning Commission heard the request at the�r ; meeting on April 19 and recommended denial on a 3-2 vote. He stated there was discussion at the Planning Commission meeting whether this type of commercial venture would be appropriate in this particular location. ' Mr. Sobiech stated the property where the proposed disco is to be located is presently zoned M-2 and the trend in the area for development has been 'i for heavy industrial. Mr. Sobiech stated memos were received from the Police Department regarding , this use and Mr. Hill, Public Safety Direetor, was present to answer any ; questions. Mr. Hill stated, in reading the Planning Commission minutes, he sees two different items. The first is whether or not a disco center is good and it is needed in the CTty. Mr. Hill stated he personally feels it would be an asset to the community, if it is located in a appropriate 7ocation to attract City use. Mr. Hill stated he wanted to go on record that the Police Department is not opposed to the concept. Mr. Hill stated, in the memo sent to Jerry Boardman, City Planner, it was pointed out what he felt would occur, if the speciaT use permit is allowed at the proposed location. Mr. Nill felt there would be a rise in vandalism, theft, disorderly conduct, drinking and drug prob]ems and increased litter and traffic problems. � �' \ \ \ ,.. ._.... . .. . _.... _. .__.. _ _..__. . ..__.. ._..___._. .___._ ._...._ ____ __._ -_ ..___ _... i �� REGULAR MEETING OF MAY 15, 1978 ; � i w ! � i I PAGE 4 , Mr. Hi11 stated, when referring to traffic problems, this doesn't mean traffic jams, but traffic violations. He also felt there would be an increased problem with litter to other properties in the area. Mr. Hill stated disorderly conduct, drug and drinking violations may sound stern, however, they know it happens whenever you have any activity that caters to teens. He stated, with other teen activities, they have had increased complaints on vandalism, noise, thefts, fights and assaults. Mr. Hill also stated he has a concern regarding the safety of the youth coming and going from that isolated area. Mr. Hill stated he had no problem regarding the applicant and his desire to control the activities within the establishment, and no reason to be apprehensive about the internal operation. He stated the Eagen Police Department indicated they didn't have any significant probiems with Mr. Rozman's operation in that community and that Mr. Rozman was very coaperative. He pointed out, however, the disco center in Eagan is located in a commercial area that is well-lighted and has immediate access to the highway. Mr. Hill stated he understands stipulations were placed on the operation of the disco in Eagan regarding chaperones and monitoring of isolated areas within the building. Mr. Hrll also pointed out the curfew ordinance in the City and felt in some cases, this may be a"gray area" since the teens would actually be inside an establishment and no� on the streets. Mr. Hill a1so explained the need for increased police protection in the area, if the special use permit is granted. Ne then reviewed some of ti�e cost estimates in order to provide this protection. He felt a police officer should be within the establishment, two should be in the area outside and one in a patrol car. Mr. Bennie Rozman, 400 Dakato Avenue South, Golderi Valley, appeared before the Council regarding his request for the special use permit. He stated he has a tentative mortgage commitment for the proposed location of the discotheque. He felt, therefore, if this operation is located in a warehouse and it fails, the building can then be used as a warehouse. Mr. Rozman stated his operation of the disco teen center in Eagan has been successful and he intended to operate the center in Fridley in a similar fashion and would cooperate with the Police Department in any manner. Mr. Rozman stated he would be more than glad to pay for policing within an area agreed on. As far as cleaning the area, Mr. Rozman stated this he intends to do. Councilman Hamernik stated there was discussion at the Planning Commission meeting regarding the age of persons who would be attending this discotheque. Mr. Rozman stated he would be glad to reduce the age requirement t� 18, if the Council felt 19 was too old. Mr. Rozman stated he didn't intend to operate the establishment during the week, when school is in session. Councilman Hamernik questioned the amount of parking. Mr. Rozman stated there would be parking for 350 cars, however, most of the teens are brought and picked up by their parents. Councilman Schneider questioned the ratio of adult supervision to the number of persons attending the disco center. Mr. Rozman felt, with police protection, the ratio would probably be about 10 to 1. Ne stated, however, he didn't believe they could go by a ratio as these teens are inside and any problems outside they would deal with. i I � 115 REGULAR MEETING OF MAY 15, 1978 PAGE 5 Councilman Hamernik questioned the average age of the teens attending the Eagan disco center. Mr. Rozman stated the average age is about 16. Mr. Rozman stated he felt vandalism is done when no one was around, which wouldn't be the situation in this case, and he stated they have had no problems with drinking or drugs at the Eagan establ�shment. He felt as soon as you establish the fact you run a good business, persons who cause problems wouldn't be coming around. Mr. Don Harstad, 7i01 Highway kb5 N.E., staLed he is in the process of de- veloping other industrial properties in the area and was totally opposed to this commercial venture in an industrial area. He felt it should be located in a commercial area. He stated his company and the City has tried very hard to upgrade the industrial area and was opposed to this type of operation in an industrial area. He felt it was a remote area and there would be in- creased traffic. He also indicated other property owners would have to pick up the debris and felt most of the property owners in the area were opposed to the disco center at this iocation. Mr. Richard Carlson, President of Park Construction Company, 7900 Beech Street N.E., indicated he was not opposed to a disco center, but felt they shouldn't have to locate commerciai business in an industrial zone. He felt the zoning was industrial and should be maintained as industrial. He further stated his company will be starting a night operation in this area and there will be a lot of activity with heavy trucks going in and out of their location. Mr. Rozman pointed out that Mr. Brama, who owns about 90% of the area, is not opposed to the disco center. He felt he would be the person that would be most concerned. He felt his operation would be on Friday and Saturday nights and didn't feel it would conflict with Mr. Carlson's operation. Mr. Richard Harris, 6200 Riverview Terrace, stated he was speaking as a property owner and has property south of this parcel, and not as Chairman of the Planning Commission. He stated he was not opposed to the concept of a disco center, but would have to concur w9th the person who made the motion to deny the special use permit that this particular use was not in concert with development of the adjacent properties. Ne felt this activity is allowed in a commercial district, without a special use permit, and special use permits sometimes have been used to go around the Zoning Code. He believed this is true in this particular case since commercial property is available within two blocks of the proposed site. Mr. Harris also pointed out that the code requires that a peace officer or officers be on daty at all times at public dances and this operation would fall into that category. Mr. Bob Schroer, 490 Rice Creek Blvd., stated he is an adjacent property owner to the south and east and was not opposed to the concept, but opposed to the area in which it will be located. Mr. Schroer felt the traffic would be a problem as well as vandalism. , No other persons in the audience spoke for or against this request for a special use permit. MOTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 9:25 p.m. ORDINANCE N0. 675 AMENDING CHAPTER 602 OF THE CITY CODE OF THE CITY OF FRTDLEY ENTITLED "BEER LICENSING": MOTION by Councilman Schneider to waive the second reading of Ordinance No. 675 and adopt it on the second reading and publish. Seconded by Councilman Hamernik, Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unani- moasly. , � � r--- , _ _ _ _. _ _ _ __ _ _ _ _____ ____ \ _._. _ _ � � ` � 116 ' REGULAR MEETING OF MAY 15, 1978 PAGE 6 • ' ORDINANCE N6. 676 TO AMEND CHAPTER 103 ENTITLED "FIREARMS" OF THE CITY MOTION by Councilman Barnette to waive the second reading of Ordinance No. 676 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND ECT Mr. Sobiech, Public Works Director, stated this resolution covers the im- provement of Meyers and Hillcrest. Ne stated, at previous meetings, the nature of the improvement was discussed which was to allow for construction of single family homes on lots that presently exist along the railroad tracks north and south of Meyer's Avenue. Mr. Sobiech stated, at the last meeting, there was discussion on property owned by the City adjacent to the Burlington-Northern tracks. Mr. Sobiech stated, in discussions with the Parks and Recreation Department, they have indicated, if a park were to be located in this area,"they felt it would have to be of significant size of at least 3-112 acre9�. Mr. Sobiech stated, if, in fact, the property owned by the City was to be used for park purposes, additional land would have to be acquired, since the parcel owned by the City is only about two acres. He felt, if land could be acquired from the petitioner, it wouid be possible to come up with 3-1/2 acres. The lots suggested for acquisition would be Lots 17 and 18, Block 1 and Lot 10 and certain property along the East lines of Lots 5 through 9. He stated the acquisition would allow development along Hillcrest and possibly others to the east which would allow development of seven properties. Councilman Barnette asked what cost estimates they were talking about as far as the City acquiring additional acreage from the petitioner, Mr. Sobiech stated the staff has estimated the cost at approximately 20 cents . per square foot, but the petitioner hasn't been contacted. He stated about 54,000 square feet are involved which would make the cost approximately $11,000. Mr. David tibra, Attorney, 1200 Builders Exchange, Minneapolis, appeared be- fore the Council representing the petitioners, Mr. Munn and P1r. Blair. Mr. Libra stated Mr. Munn and hir. Blair are concerned about the delays on this improvement. He stated he wished to make it clear they wish to develop Lots 17, 18, and 10, and Lots 5 through 9. He noted that the easterly portion of Lot 16, which lies north of Meyers would also be potentially served as a building site as well as the easterly portion of Lot 1, if approval was given for development of the property. He stated improvements would be on existing riqht-of-way owned by the Gity and this is the sole means af access to tots 17. 18, and 10. Mr. Libra stated he understands staff has reviewed the proposed improvement i and the proposal takes into account spreading the assessments according to ! law. Ne stated the petitioner has agreed to pick up the assessments for the ; property owners who are not directly benefited. He stated he believes Lots ; 1, 2, 3, and 4 will benefit as well as the property owner to the north of � Meyers. �' � Mr. Libra stated, regardless of the proposed improvement of the park, which � would necessitate lengthy negotiations, he felt the reasonable and fair thing to do would be to approve the requested improvements and proceed i accordingly. , � . � � _ ___ _ _ _ _. _ �. _ __ , 11.7 REGULAR MEETING Of MAY 15, 1978 PAGE 7 Mayor Nee asked, with this plat, if seven lots wouid be acceptable with the petitioners. Mr. Libra stated he thought the plat of the five lots to the south, Lots 5 through 9 were a separate question, and not tied in with the improvement of Meyers and Hillcrest. Mayor Nee stated he would call the question on the resolution ordering the improvement and calTed for a motion. to adopt the resolution. No motion was made to adopt the resolution to order the improvement. CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND_FINAL PLANS AND 1/78): Mayor Nee calied for a motion to adopt this reso]ution, however, no motion was made to adopt the resolution. Mayor Nee stated, if they wished, the petitioners could contact the staff regarding this matter. CONSIDERATION OF APPOINTMENT TO HUMAN RESOURCES COMMISSION (TABLED 5/1/78): MOTfON by Counci7man Fitzpatrick to tab7e this item to the June 5, 1978 meet- ing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared tF�e motion carried unanimously. NEW BUSINESS: SIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION '� MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, with the stipulation that the vacated ease- ments be maintained. Seconded by Councilman Schneider. Mr. Sobiech, Public Works Director, stated they have corresponded with the petitioner, Mr. Sinigaglio and the property owner to the north, regarding maintenance of the vacated easements and they both understand what has to be maintained. UPON A VOICE VOTE TAKEN ON THE MOTiON, a77 voted aye, and Mayor Nee declared the motion carried unanimously. DERATION OF FIRST READING OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMEN7 -... ... ..,. -.�� ...r�. n.- r.,rn� rv rn rornni rr�� n vr�.i �nnirnir n7CTDT!`T C_l • Cauncilman Fitzpatrick stated he was concerned about the three properties on 57th which are not included in the resolution for rezoning. He felt these properties should be included in the rezoning because they are used for residential purposes. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, based upon the results of the public hearing. Further, it is requested that before the second reading, the ordinance be changed to include in the rezoning the three properties to the south of 57th Place, between 57th Avenue and 57th Place, and immediately to the east of Main Street. Seconded by Councilman Schneider. Mr. Qureshi, City Manager, stated, if the Council wishes to include these three additional properties, it would be necessary to hold a public hearing since they were not included in the original notice for rezoning. � �. I \ �la REGULAR MEETING OF MAY l5, 1978 PAGE 8 Mayor P�ee stated he understands all three property owners wish to be included in the rezoning and questioned if it would be necessary to go through with the notice and hold the hearinq. Mr. Herrick, City Attorney stated, if the property owners and any mortgage companies which might be involved, sign a waiver that they didn't receive notice of the rezoning, but wish to be included, it could be handled in this manner. Councilman Fitzpatrick felt it should be brought back with the waivers from the property owners, if this can be done, so that it would not be necessary to hold another public hearing. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Schneider commended the staff and the Neighborhood Committee for their work on this issue and recommendation on the rezoning. RECESS: • Recess called by Mayor Nee at 9:55 p.m. RECONVENED: The meeting was reconvened at 10:10 p.m. by Mayor Nee. All council members were present. IDERATION OF FIRST READING OF AN ORDINANCE fOR Z�NING ORDINANCE AMENDMENT � MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) Appropriate screen- ing must be provided to satisfy district separation requirements and parking lot screening and/or landscaping requirements; (2) Landscapinq plan must be reviewed by St. Paul Board of Water Commissioners and Fridiey Administration; and (3) Proposed driving aisles and traffic pattern to be reviewed in an attempt to provide additional setback from property lines to drive aisles. Seconded by Councilman Barnette. Mr. Sobiech stated these stipulations have been discussed with the petitioner and there are not any problems with them. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. F APPROVAL OF FINAL PLAT, PRELIMINARY SUBDIVISION P. S. #78-03 Mr. Sobiech, Public Works Director, reviewed the stipulations which should be attached to this subdivision application. He stated these were discussed with the petitioner. Mr. Schroer, who was in attendance at the meeting, also indicated he had no objections. MOTION by Councilman Hamernik to approve Subdivision P. S. �78-03, East Ranch Estates 3rd Addition with the following stipulations: (1) Proposed Lot 1 shall be rezoned to C-2S to conform to existing use; (2) Lot 1 will be atiached to and placed on one parcel number for Frank's Nursery (Frank's Nursery presently uses Lot 1 for outdoor display); (3) Sanitary sewer easement will be provided for Lot 2 from the sanitary sewer lateral in 77th Avenue; (4) Grading and drainage plan to be submitted to Administration for review at time of issuance of building permit; specifically a means should be noted to retain/detain water on developments either through rooftop/parking lot/ _-- _ _ _ . _.. __ ___ _ _ ,: __� ,_.___ , . # I19 ' REGULAR MEETING OF MAY 15, ]978 PAGE 9 ponding retention; and (5) Provide additional street easement for bikeway/ walkway purposes along south side of proposed plat. Seconded by Counciiman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEE7ING OF MAY 3, 1978: 1. APPEALS COPIMISSION MEETING MINUTES OF APRIL 25, 1978: A. SAMUEL DAHLBERG, 465 LIBERTY STREET N. E.: Mr. 5obiech, Public Works Director, stated the Appeals Commission at their April 25, 1978 meeting heard this request for a variance of the front yard setback from the required 35 feet to 18 feet. Ne stated approval was recommended on a 3-1 vote. Mr. Sobiech stated on page 13-0 of the agenda book, there is a map showing the future plans of the petitioner. These plans include a future single family home to the East. Mr. Sobiech stated this request was brought to ihe Councii because of the objections raised by neighboring property owners. Mr. Sobiech stated, from a zoning point of view, variances are related to hardship and uniqueness and character of the lot. He stated this lot is unique as it has topography that makes building quite difficult. Mayor Nee asked if staff felt this home could be constructed, without hazard to the creek. Mr. Sobiech felt there would be no problem, however, there is no doubt with the topography as it is that a lot of trees would have to be removed to aliow development of the property. Mayor Nee stated they were assured the variance granted on Alden Way wouldn't cause any prob]ems, which wasn't the case, and are now considering another one. Mr. Qureshi felt, in this case, a different terrain is involved. He felt in the case on Alden Way, the terrain was much more severe and he is not saying ihe City shouldn't be concerned, but felt the magnitude is different. Mr. Sam Dah]berg, 8605 Baltimore Street, indicated he would like the variance in order to locate the house on the lot the best possible way. He stated he had a proposed plan of the house which Mr. Sobiech presented to the Council. Mr. Randy Hoffa, 8000 E. River Road, presented an overlay that showed the property lines and hill pos9t�on of the property. He stated there are other {�ossibilities for Mr. Dahlberg to develop the property. He felt, if the house was moved directly to the East, it would be another seven feet away from the creek and save some of the trees. He also felt the house could be built to the North, which would stili put it more on the hill, but would require iess of a variance to the setback requirement. Mr. Hoffa stated, as proposed, this plan leaves access for development of another lot to the East, which would be more beneficial for Mr. Dahlberg, but the house could be constructed on the lot without the variance. ; Mr. Hoffa felt Mr. Dahlberg had a number of options for the use of the land as he has offered him money for the land and also discussed the possibility of trading 20 feet. He felt, therefore, Mr. Dahlberg had a number of options ' for use of the land. Mr. Sobiech stated, if something could be arranged to avoid the variance, that would be more desirable. Mr, Hoffa stated he is saying that to build two houses would be a problem and, without the variance, Mr. Dahlberg could not build both homes. Councilman Fitzpatrick stated he cannot see a hardship as it has been der�nstrated the home can be built on the lot by moving it further East. ._ . � ' 1 `l., U REGULAR MEETING OF MAY 15, 1978 \ \ � �� PAGE 10 � Mr. Doug Lindquist, 450 Liberty Street, fe7t logically and environmentally j speaking> if the variance is approved, it would mean the removal of a lot i of trees and feels the property doesn't fit for two homes. He also felt � there is too much traffic on the street already, without provision for a ! cul-de-sac. I MOTION by Councilman Fitzpatrick to deny ihe variance requested by j Samual Dahlberg on the basis that a hardship hasn't been demonstrated end � a dwelling can be placed on the property without the extreme variance requested. Seconded by Councilman Hamernik. Councilman Schneider questioned the statement of hardship relating to this variance request. Mr. Sobiech read the statement from the April 11, 1978 Appeal Commission minutes. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of May 3, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF APRIL 20, 1978: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of April 20, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE COMMISSTON MEETING OF APRIL 27, 1978: MOTION by Councilman Schneider to receive the minutes of the Police Commission Meeting of April 27, 1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR UTILITY ENCROACHMENT AT 1411 KERRY CIRCLE: A. R. POTAMI: Mr. Sobiech, Public Works Director, stated this is a request from Mr. Potami for an encroachment of the utility and drainage easement on his property at 14T1 Kerry Circle in order to provide for decking surrounding an in-ground swimmin9 pool. Mr. Sobiech stated the staff has no objection to the encroachment as long as the property owner understands his responsibility. In the event the easement is ever utilized, the owner would be responsible for removal and replacement of any items which may conflict with the use of the easement. MOTION by Councilman Schneider to grant the request for encroachment into the utility and drainage easement as requested by Mr. Potami for property at 1411 Kerry Circle. Seconded by Councilman Barnette. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO REFUND BUILDING PERMIT FEES TO THE WALL CORPORATION: Mr. Sobiech, Public Works Director, stated this is a request from fred Wall for a refund of 6uilding permit fees for the previously proposed apartment project for Alice Wall Addition or the property to the East of the Civic Center complex, as plans did not proceed. Mr. Sobiecf� stated another project is being constructed on this �roperty and permits were issued to the Canadian Financial Corporati_on. Mr. Sobiech stated the original building permit fee was �,6,546.46; however, $1,586.59 should be retained for checking the original plans and a$1,200.00 surcharge paid to the State cannot be refunded. The amount to be refunded, therefore, would be $3,759.87 ____.__ � _ ._ _.__. _ • l REGULAR P1EETING OF MAY 15, 1978 PAGE 11 : , 121 Councilman Hamernik was concerned if the amount retained would adequately cover expenses incurred by the City. MOTION by Councilman Hamernik to authorize the refund of the building permit fees in the amount of �3,759.87 to the Wall Corporation, as recommended by staff. Seconded by Councilman Fitzpatrick, Mr. Richard Hai°ris, 6200 Riverview Terrace, was concerned that the amount the City retained covered all the administrative costs. Mr. Sobiech pointed out that all the variance fees were collected separately. Mr. Harris stated his concern is that he didn't want others in the community to pick up the tab for all that has happened on that project. Mr. Qureshi, City Manaqer, stated on all of the zoning and variance applications that were applied for, fees were collected for these items; however, plans were never executed to the po9nt of building construction. UPON A VOICE VOTE 7AKEN ON THE MO7ION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVING_PETITION N0. 9-1978 EXPRESSING DISPLEASURE b1I7H INCONVENIENT. MOTION by Councilman Schneider to receive Petition No. 9-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, stated bids were opened on May 6 and the project is in the second phase and will be done this summer. He stated the road will be improved to proper standards, but it is just a matter of time. ENTERING INTO AN AGREEMENT WITH MILLER-QUNWIDDIE ARCHITECTS, INC. FOR ARCHITECTURAL SERVICES AND CONSTRUCTION COORDINATION FOR 1SLANDS OF P ACTIVITY 6UTLDING: Mr. Qureshi, City Manager, stated correspondence was received from Miller-Dunwiddie showing a breakdown of their fees. Mr. Qureshi stated, if the City does enter into this agreement, they are taking on some obligation, even if construction of the building doesn't proceed. He stated, his major concern, has been what kind of commitment the City has for the maintenance abd prograrraning of the facility. He felt, if the Council wishes to proceed with authorization to enter into this agreement and has some reservations about taking on the responsibility for maintenance and programming of the facility, the City Attorney could check these points before the agreement is signed by the Mayor and City Manager. If the City Attorney determines that the qrant application and agreement executed with the State Planning Agency does not obligate the C9ty to maintain and program the facility, staff would proceed to execute the agreement with the architect. I�F this is not the case, however, the matter would be brought back to the Council. - MOTION by Councilman Hamernik to authorize entering into the agreement with Miller-Dunwiddie Architects, Inc. contingent on a finding by the City Attorney that the City isn't under obligation to operate, maintain, and program the Islands of Peace faciTiiy if ihe Islands of Peace Foundation shouid default. Seconded by Councilman Barnette. Mr, Herrick stated, in the agreement signed w�th the State Planning Agency, reference is made to about five statutes they rely on for authority. He stated he would check the context of each one of those statutes and whether it specifically gives them that authority. �� 1 `I,2 \ ______. �_ _..._._,__._ __.._ _-__'__ __u_�_ �--- REGULAR MEETING OF MAY 15, 1978 PAGE 12 UPON A VOICE VOTE TAKEN ON THE P10TION, all voted aye, and Mayor Nee declared the motion carried unanimousiy. Mr. Qureshi, City Manager, stated he would also check with the architect to make sure the estimates that had been given for construction of the activity building on the Islands of Peace are still valid. CONSIDERATION OF EXECUTION Of STATE OUTDOOR RECREATION GRANT PROJECT Af,REEMENT NORTH/SOUTH BIKEWAY/IdALKIJAY IN LOCKE PARK : Mr. Sobiech, Public Works Director, stated approval was received from the Department of Local and Urban Affairs for construction of a North/South BikewayJWalkway trail in Locke Park. He stated the total amount of funds required by the City wauld be approximately $15,108 which the City would have until 1980 to come up with. MOTION by Councilman Schneider to approve the execution of the State Outdoor Recreation Grant Project Agreement. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ALTERNATIVE INSURANCE COVERAGE PROPOSAL FROM THE LEAC,UE OF MINNESdTA CITIES: Mr. Qureshi, City Manager,stated the League of Minnesota Cities is in the process of deciding whether to attempt to create an alternative to the conventional purchase of insurance from commercial companies, because many Minnesota cities have experienced difficulties in obtaining insurance at a reasonable cost. Mr, Qureshi stated, if the Council desires to investigate this alternative, then the survey submitted by the League should be filled out and payment of $100 authorized as a contribution in establishing an alternative to the conventional insurance market. Councilman Hamernik felt, if a limit was put on liability cases, it would probably change the picture as far as insurance costs. � Mr, Herrick, City Attorney, stated some courts have ruled this is not constitutional. MOTION by Councilman Schneider to instruct the staff to complete the survey and allocate the $100 from the budget. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVIWG BIDS AND CONSIDERATIOP� OF AldARDING CONTRACT FOR h4UNICIPAL GARAGE EXPANSION BID OPENING 4J15178 : MOTION by Councilman Barnette to receive the bids for the municipal garage expansion. Contractor Roger Sheehy Co. 7091 Nighway 65 N.E. Fridley 55432 Norman Berglund Const. 464 Second St. Box 475 Excelsior 55331 GEM Construction 13001 Cedar Ave. So. Box 25 Apple Valley 55124 M. A. Barr Const. 3900 85th Ave. Brooklyn Park 55443 Henning-Nelson Const. PO Box 22708 Suite 120 3735 No. Hwy 52 Minneapolis 55422 Bid (1) Ba� # Da� Sec. Add'a $85,850.00 120 Bond 1 $85,121.00 180 " 1 $90,954.00 120 $95,950.00 -_ $84,600.00 100 " 1 �� I � � . j 0 a � � - � ._._. .__. ..... .. . _ . .___. . _ .._��_ . . . � --- -------..__..�-- -..__._._._. L.___.. ..__... .. . . . . . .. _ . _ . . . . . _..._ . _ ...� 123 RE6ULAR MEETING OF MAY 15, 1978 PAGE 13 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated the recommendation from City staff was to reject the bids, as they were substantailly higher than the architect's estimate. MOTION by Counci7man Schneider to reject the bids on the finding that the lowest bid is approximately double the estimate and out of the budget range. Secor�ded by Councilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech felt the expenditure for this expansion couldn't be justified through use of the general fund. He stated the City will retain the construction plans and specifications and when appropriate, make appiication for funding through grant programs. � Mr. Herrick, City Attorney, stated there are a few local contractors who are doing a lot of building around the immediate area and have a reputation for j being economical builders. � Mr. Qureshi, City Manager, felt perhaps staff could investigate this approach j of using local contractors and bring the matter back to CounciT. I i RECEIVTNG PETITION N0. 10-1978 AND ADOPTING RESOLUTION N0. 39-1978 ORDERING I nnr� .�er.inmi ni nnir onrrrrrrnrTnnio nnm rc-rrnnn'r�c nC TL1C !`l1C7C TUCDCl1C• CTD[CT MOTION by Councilman Hamernik to receive Petition No. 10-1978 from Ken Isaacson. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counci7man Namernik to adopt Resolution No. 39-1978. Seconded by Counci7man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 40-1978 AUTHORIZING EXECUTIQN OF SllPPLET9ENT WITH THE CITY OF COLUMQIA NEIGHTS RELATIPIG OUTFALL; ORTGINAL AGREEMENT DA'tED 1965 0 � MOTION by Councilman Hamernik to adopt Resolution No. 40-1978. Seconded by � Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unanimously. MOTION by Councilman Schneider to authorize the execution of ihe agreement with the City of Columbia Heights relating to Storm Sewer Project (45th Avenue OutfalT; originai dated 1965 Project 0 Project S#12). Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOiNTMENT: CITY EMPLOYEE: � MOTION by Councilman Fitzpatrick to concur with the appointment of Pamela Hagen as Clerk-Typist at $622/month, effective May 12, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unanimously. CLAIMS: MOTION by Counciiman Barnette to authorize payment of Claims No. 117J02 through ]31964. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . .i� � � � `� d — — ��_._._ � REGULAR MEETING OF MAY 15, 1978 PAGE 14 LICENSES: � MOTTON by Councilman Fitzpatrick 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 '� unanimously. � � ESTIMATES: MOTION by Councilman Hamernik to approve the estimates as submitted. Addition to Fridley Muni'cipal Garage: � Bid (1) Contractor Base Bid # Ddys Sec. Add'a Roger Sheehy Co. 7091 fiighway 65 N.E. $85,850.00 120 'Bond 1 Fridley 55432 Norman Berglund Const. 464 Second St. Box 475 $85,121.00 180 " 1 Excelsior 55331 GEM Construction 13001 Cedar Ave. So. Box 25 $90,954.00 120 " 1 Apple Valley 55124 M. A. Barr Const. � 3900 85th Ave. $95,950.00 - Brooklyn Park 55443 Henning-Nelson Const. } PO Box 22708 Suite 120 $84,600.00 100 3735 Hwy 52 - Minneapolis 55422 Seconded by CounciTman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Fitzpatrick to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 15, 1978 adjourned at 11:47 p.m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: 0 � � MtMO T0: DEPARTMENT HEADS Follo4ving are the "�1CTI0�lS NEEDED." Please have your answ�rs bac in the City Manager's office by Wednesday Noon, h1ay�1�, 1978. �� CO;��T I�JUED BOI�RD OF REV I Ey�! �1EET I.`!G AfiJD REGULA� CQU;lC I L f�EET I f �G �. FIfdANCE 0 C0;`aTIId�ED BOARD OF REVIEL�d MEETI��G PLEDGE OF ALLEGIP,��10E: �ONTINUED BOARD DF REVIEW ��1EETING� � � � � � � � � � � , l — 1 C Reduced assessment for h1r. Herlofsky $700 ACTIOPJ iJFEDED: Reduce assessment value by $700 on records REGUL�IR COUPdC I L ��EET I f�dG PRESEf��TAT i Oi�� QF CERT I F I CAT� : CERTIFICATE OF APPRECIATION — NAROLD BELGUM �{UMAN ��ESOURCES COMMI SS IOid Certificate presented PROCLAP�IAT IO�dS : ��ATIONAL PUBLIC ��ORKS �'�EEK — l'�aY 21 — 17, 1978 Ratified by Council RECREATION AND PARKS P�1oNT� —,JuNE, 197� _ Ra�if�ed by Council APAROVAL OF h1I PdUTES : REGULAR �EETING, h1aY 1, 29%$ Approved ADOPTIO�J OF AGEiVDA: � Adopted as submitted GULAR . ( OPE�� FO��Jh�, VISITORS: � PUBLIC WOR �"�A � CCONSIDERATiON OF I�EMS NOT ON AGENDA — 15 �IINUTES) No Response P�IBLIC HEARI�lGS: PAGE Z CONTINUED PUBLIC HEARIP�G FOR Z0�(It'dG ORDINANCE AMENDMENT ZOA �`78-03, BY THEORDORE BURAIJDT, R�zor�� FROM• i�-3 TO ��—�.: 9�1 H I l�LW I iVD �OAD il , � . � � � � , � � � � � � � � � 1 - 1 B Reopened 8:05 P.��. Closed 8:22 P.M. ACTIOfd fdEEDEQ: Put ordinance on next regular agenda for consid�ration CONT I �dUED PUBL I C iiEAR I NG . FOR � I NAL PLAT, PREL I M I fdARY $UBDIVISION P�S, #78-01, TRI—�0 ADDITION, BY TRI—�0 BUILDERS INC�; GENERALLY LOGATED SOUTH OF %2ND AVENUE AND �'JEST OF CENTRAL AVENUE �� o E � � � � � � � � � � � � � � 2 — 2 A Reopened 8:24 P.M. Giosed 8:30 P.M. Approved with stipulat7on 'UBLIC 4�OR AC?ION NEEDED: Inform appl�cant of Council action PUBLIC HEARING ON A�EQU�ST FOR A SPECIAL USE PERMIT, SP �7�-05, BY BENNIE iOZMAN� 8031 B��ct� STREET ��E� �� 3- 3 M Opened 8:32 P.M. Closed 9:25 P.M. � � � 'UBLIC WOR ACTION PdEEDED: Put request on next regular agenda for consideration 0 � � OLD BUSINFSS: . � � CONSIDERATION OF SECOND READING OF AN ORDINANC� AMENDING CHAPTER �OZ OF THE CI7Y CODE OF THE CITY OF FRIDLEY Et�T I TLED ��BEER LI CENS I NG'! , , , � � � � . � , � . � � � . . � Ordinance No. 675 adopted CITY MANAGE ACTION NEEDED: Publish ordinance � CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND ', CHAPTER IO3 ENTITLED �1FIREARMS`� OF THE CITY CODE OF THE CITY OF �RIDLEY ANI7 AMENDING CNAPTER II, SECTION lI�IO OF THE CITY CODE RELATING TO FEES� � , � � � � � � � � � � 5 Ord�nance No. 676 adopted ITY MANAGE ACTION NEEDED: Publish ordinance � 0 CONSIDERATION OF A RESOLlJTION ORDERING IMPROVEi�1ENT AND � ' FINAL PLANS AND S°ECIFICATIONS AND ES7IMATES OF COSTS TNEREOF: STREET IMPROVEMEtVT PROJECT ST, 1978-1, �tDDEN— DuM �1� �MEYERS/HIL.LCREST)CTABLED 3/20/78 - 5/1/78), ,,, 6- 6 A No Mation CONSIDERATION OF A RESOLUTION ORDERING IMPROVEM�NT ANI�'; � FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF TNE COSTS TNEREOF: SANITARY SEWER AND WATER IMPROVEMENT PROJECT �IZ4 �MEYERS�HILLCREST)CTABLED 3�2��%a - 5/1/7�) � % tVa Motion ° � CITY MANAGE BLIC I�OR OLD BUSINESS (CO��lTI�VUED) CONSIDERATION OF APPOI�JTf�lEf�1T TO Ht1MAN RESOURCES �OMMISSION �TABLED 5/1/73), � � � � � � � � � � � � � � � $ Tabled �o next regular me�ting of June 5, 1978 ACTION NEEDED: Put appointment on next regular meeting h�EW BUS I ��ESS : CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND AL�EY VACATION SAV #78-01, BY �OSEPH SINIGAGLIO; GENERA�LY LOCATED BETWEEN THE �4IOO BL4CK At�lD �#$QO BLOCK OtJ 3RD STREET �J � E� � � � � � � � � � � � � � ' 9 B Adopted on first reading ACTIOPd NEEDED: Put ordinance on next regular agenda for consideration of second reading. CONSIDERATION OF FIRST READING �F AN ORDI(�ANCE FOR ZONING ORDIfVANCE AMENDMENT ZOA #78-04, BY THE CITY OF FRIDLEY TO ESTABLISH A�VEW ZONING DISTRICT, S-1; �ENERA�.LY LOCATED FROM 5%TH PI.ACE TO 6iST AVENUE AND UNIVERSITY TO P�IAIN, � � , � � � � � � � � � � � � � . , 10 - 10 D I Adopted on first reading. Include in ordinance �hree other properties and have waiver from property owners affECted. Bring back for second reading at next regular mee�ing for consideration of second ireading. PUBLIC WORK ACTION NEEDED: Amend ordinance as directed and abtain waivers before consideration of second reading. PUBLIC t�OR n CONSIDERATION OF FIRST READING OF APd ORDIi�ANCE FOR � ZON I NG ORD I iVANCE AMENDMENT ZOA �7c�—O2, BY MARQtJETTE STATE BANK, REZONE FROM P�—Z TD C-2; ZZ5 OSBORNE RoaD f�� , E , , , , , , , , , , , , , , , , , , , , , , , , , 11 - 11 B Adopted on first reading with stipulation ACTION NEEDED: Inform applicant of Council action and bring back at next regular Council meeting for consideration of second reading. 0 PUBLIC BLIC WOR PUBLIC WOR S CITY MANAG R (�lEW BUSI"�lESS (COf�lTINUED) CONSIDERATION OF APPROVAL OF FIPJAL PLAT, PRE�IMINARY SUBDIVISION P�S� #78-03, EAST RANCH ESTATES �RD ADDITION, BY I��ARQUETTE STATE BANK; GENERA��Y LOCATED I N THE ��'W QUADRANT QF P'�A I N STREET AND OSBORNE ROAD �,�� I2 -IZ B Approved with stipulation ACTIQP� �dEEDED: Inforr� applicant of Council approval with stipulation RECEIVING THE r`iINUTES OF THE PLAPdNING COMMISSION MEETING oF MAY 3, 1978 � , , � , , � , , , , , , , , , , , , , , , 13 - 13 Q 1. App�als Commission Meeting Minutes of Apri 1 25, 2978 . . . . . . . . . . . . . . . . . . . . 13F - 13Q A. Samuel Dahlberg, 465 Liberty St. N.E............ 13F - 13J Appeals Comm. Recommendation: Approve with & 13N-13Q � stipulation split vote . Counci� Action Required: Consideration of recommdnation � Council denied ACTION NEEDED: Ir+form applicant of Council denial RECEIVING THE ��1NUTES OF THE CABLE TELEVISION COMMISSION i'�EETING OF APRIL 2O, 1978 Minutes received . - RCTIO�� TAKEN: M�nutes have been.field for future reference� RECEIVING THE P'�INUTES OF THE POLICE COMMISSION MEETING OF APR I L Z%, 1978 , , , , , , , , , � . , , . , , , , , , 14 - 14 N Minutes received ACTION NEEDED: Minutes have been filed for future reference � � PUBLIC WOR Pl1BLIC WOR pUBLIC WOR FINANCE t�EW BUSIIdESS (COiITI��UED) CONSIDER/�TION OF A REQtJEST FOR UTILITY ENCROACNMENT AT 1411 .KERRV CIRCLE; A, R, POTAMI� . , , , , , , , , , , 15 — l5 C Approved RCTION NEEDED: Notify pe�Citioner of Council approvai CONSIDERATION OF A REQ(JEST TO REFUPJD �tJILDING PERMIT �EES TO THE ��ALL �ORPORATI ON � � � � � � � � , � � � � . , l6 — 16 A Approved ACTION NEEDE�: Make arrangements to refund building permit fees to Wall Corp. RECEIVING PETITION i�0, a-197$ EXPRES�ING DISPLEASURE WITH INCONVENIENT, INTOLERABLE CONDITIONS OF THE GRAVEL . ROAD CP�LMER DRIVE) FROM SILVER LAKE ROAD INTO INNSBRUCK ��ORTH. . . � � � � � � � � � � � � � � � � , � Petition received ACTION NEEDED: File petit9on ,17-17B ENTERING INTO AN AGREEMENT WITN P��ILLER-DUNWIDDIE ARGNITECTS, INC� FOR ARCHITECTURAL SERVICES AND CONSTRUCTION COORDINATION FOR ISLANDS OF PEACE ACTIVITY BUILDING� � � � � . � � � , , . � . . � , . . . Ig Agreement with contingency ACTION NEEDED: Inform Miiler-Dunwiddie Architects, Inc. of contingency and and orce �h� Ci�y Attorney gives the clearance to proceed w�th the contraci, have the cantract executed. P�JEt� BUSIPaESS tCO�JTIiVUED) 9 NAGE / CONSIDERATION OF EXECUTION OF STATE OUTDOOR RECREATION � GRANT PROJECT AGREE�•1ENT ��`IQRTN/SOUTf-! BI E1<WAY/WALKWAY IN �OCKE �ARK) � , � � � � � , � � � � � � � � � � � � � . I9 — l9 G Approved PUaLIC 4JOR S ACTION IJEEDED: Have agreem�nt executed and forwarded to appropriate parties �INAtdCE C�NSIDERATION OF ALTERNATIVE INSURANCE COV�RAGE PROPOSAL FROM THE LEAGUE OF P•�1NNESOTA CITIES, � � � . � � � � � � ZO - ZO B Staff tQ complete the survey and pay the $i00 commitment fund ACTIOPJ NEEDED: Please compiete survey and forward the �100 RECEIVING BIDS AND CONSIDERA'fION OF AWARnING CONTRACT FOR T'�UNICIPAL �ARAGE EXPANSION CBID �PENING 4/15/78)� �� 21.` ZI � All bids were received and rejected BLIC WOR<S ACTION NEEDED: Inform all bidders of Council action RECEIVIf�G PETITION �,0� IO-Z��a AND �ONSIDERATION OF � A RESOLUTIqN ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1978-1, ADDENDUM �3 CUNIVERSITY AVENUE �`�EST SERVICE DRIVE - c�IST TO gSTH)� � � � � � � , � � � . 22 - ZZ B Petition received and Resolution No. 39-1978 adopted PUBLIC WQ KS ACTION NEEDED: Proceed as authorized � (PUBLIC WOR fdEe� BUSIP�IESS (CO��lTI��UED) CONSIDERATION OF A RESOLUTIOPJ AU7HORIZING EXECUTION OF SUPPLEMENT �2 Ta �OOPERATIVE AGREEMENT #54797 WITH THE STATE OF ��IINNESOTA AND AUiHORIZING EXECUTION 0� AGREEMENT WITH THE CI7Y OF COLUMBIA NEIGHTS RELATING TO ST�RM SEWER PRQJECT (45T� Av�NU� OUTFALL; ORIGINAL AGREEMENT DATED Ig�S PROJECT O PROJECT S f�12)� �� Resolution No. 40-1978 adopted ACTION NEEDED: Proceed as authorized and executed agreements AGE g 23-23L APPOINTMENT: CITY EMPLOYEE� � � � � � � � � � � � � � � 24 Pam Hagen, Clerk Typist, City Manager's Office appointed CITY MANAG R ACTION tJEEDED: Initiate Personnel Action Form to inform accounting OFINANCE fFINANCE �LA I MS � � � � � � � � � � � � � � � � � �� ► � � � � 25 Approved � ACTION NEEDED: Pay claims _ LICENSES, , , , , , , , , , , , , , , , , , , , , , , , , 26 — 26 G Approved . ACTION NEEDED: Issue licenses ESTIMATES� � � � � . � , � � � . � . � � � . , , . � � � Approved FIPJANCE ACTION NEEDED: Pay estimates ADJOURN; 11:47 P.M. 0 27 — 27 D �� ,,,- ,,. c : . � . � � � � .. . . � � � . .�� i�d�' "s '" _�,-��c.�.,��w.... r � . `r x�..a,��^�,�:� � `:. , �Y 15 1978 , , � , �.. '' � ��` herby ask that the city not require aten foot fence. ewouYd like a ce land caped yar�i and if a fence is a mus�,one like we have naw is preferred. � � ��% /C� +��, � �� %..�1 _ _ . __ !� _ . �_�� EE�:ti:��' � , �� C�o1 . � � � �� s�� , . . . . . � . . � . : . . � ' . . . . . . . . t : ^'.: . . � . . . . � � . . . . . . . � . . . . . . . . . .. . . ... . . ,i�. . . . . ' . . .. . .., r'C ��. � . . � . . . . . . . . ' .. . . ,.. . � � . . . . , yV I . . . _ . . . . . '�Ip _ � . . . . . . _' r � � , � ,��. � � � . � � � � �. . . � , k �.:. . ,.� . . . ^. ' ,. � . . . . . � � . . . ( � � . . . . . . . , . �., :�_ ' � : . �. . � - I . , x'� '. 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' - .. . � ' .:. , . . � .� , �� . i FRID�EY CITY COUNCIL MCETING I PLEASE SZGN NAME ADDRESS AND ITEM NUf�BER INTER�STED IN DATE: May 15, 1�78 � � NAME ADDRESS� ITEM NUME=� ; _______ __________________________________________________________ ____________-_-_-__---_===-=q � � T � �� -��-�'/�� :�f :� - ��i Sa' ,% � . � _l o l ' �.,�-r/ � �`� .� �'s'-s`" � %Z� , �/1/ c� l s�� . ,�/t/�1.� �',1�.� %C�'s{,/� �-�9 � � � / � R � � � a �� l � � L t zo a�U �� n��' S€��,�. /� ��i ,� c ` � l �� -� � ,� �� l� d� , -—_ � r�-�"l�/�ti� 1��,��J�. �21� � �I S C�( o� l%/�� c� , � � ,��'e� �� , :.,,�:�: � �--�. ��.,,. � =�--,�.-�� is"s r � �2�i �� '_ � �� __ - � - � �� C,"; �'` , c!(' v i� �/�' �` � f • ., . % � �?.� �� ' � �, ,- � -��/vl o �� _`� _/i/�-- OF r1AY 15, 197a 1 I'orm 3—Clerk's Posted Notice P.°.��` o5g ASSESSMENT loT4TICE IVOTICE IS HEF�EBY GIVEl\T, That the Board of Review—=��Xi��a of tlie�_'Lt�.—_— of Fri dl ey 1n Anoka County, Minnesota, will meet at the office of the Clerk in said Ci ty � at �� 30 o'cloc �1�1�2., on MondaY , the— 8th day of Ma.Y , 1978, for the purpose of reviewing and correctino the assessment of said Ci ty for the 3�ear 1978. All l�ersons considering themselves aggrieved by said assessizient, or who v�ish to complain that the propert�- of another is assessed too low, ��•e hereby noti�ied to appear at said meet- ing, and show cause for having such assessment corrected. No coniplaini; that another person is assessed too low will be acted upon until tlie person so assessed, or his agent, shall beei� �lotified of sucli coinplaint. Given under my hand this 22nd d�y of March � 1�78. � Glerk of the C i ty o f F r i d l ey °Applies onl�� in cities wl�ose charters pro��ide for a Board of Equalizatiou. �velization, y`�`�'.,'y? y� BIANK pw�u o�� OFFICE �F COUIVTY AS�ESSO�t TO THE CLERK OF THE. . . . . ��.�y . . . . . . . . . . . . . . . .. . . .OF. . . . . . . .Fri dl.ey. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ...........Anoka ..................................COUNTY, MINNESOTA: N07'ICE IS HEREBY GIVEN, That rFie.-----8th �(P�onday) day of .............. �1ay ...-•---........, 1978. .................. ...._........... la ar.. �,: 3Q......o'clock..__..P ...bl., has been fixed as the date for the meetrng of the Ba�rd oF Review—*��ic�l��a�l�o� {strtke oat one) —in your ...:.................�� ty .far said year. This meeting should be held in yaur offace as prauided by law. Pursuant to the provisions of 1f�innesota Scatutes Section Z74.01, you are required to giUe notice of said meeting by publication and posting, not larer nc�m ten days prior to the dare of said meeting. Given under my hand this ....................2Qth .�..day of.--•-----P�larch ....._........---..... --... ................ 1978. . ��.. . ......................................... ......... ......... ...... .... .... Gay� e Leone �� ..................•--PnQk�----------•-----........---.....counry, �r��ora �Appliet only to cities whose charFer provides for a Board of Equal'wtion itutead of e Board of Review. l� STATUS OF ITEMS FOR COUNCIL CONSIDERATION AT CONTINUED BOARD OF REVIEW FRIDLEY TERRACE A representative from Fridley Terrace has been in contact with the Fridley Assessor's Office. 7he Assessor is in the process of reviewing the values placed on the Frid�ey Terrace Park, and will have a recommendation ready for the Council's consideration Monday evening. SEARS Sears has not been in contact with the City regarding their praperty values. GRAIN TERMINAL ASSOCIATION Grain TerminaT Association has not been in contact with the City regarding their values. FMC FMC has not had sufficient time to prepare their case for a reduction in value. They presumably will have to take their request to the County Board of Review HERLOFSKY The Assessor's Office recommends a$700 reduction in value relating to the valuation of a portion of the basement. Th�s relates to f;nishing off part of the basement under the garage. The Assessor's recommendation is that the value be reduced from $46,20Q to $45,500. �z Lot 5, Block 1 Lake7and Heights 1365 Hillwind Road Gerald and Barbera Herlofsky 1 �. C Mr. Herlofsky's claim was that the 1978 value, as placed on his property by the Assessor, was excessive when compared to neighboring property. We did not make a physical t•eview of the two properties, Mr. Herlofsky was comparing with. However, a review of the field data gathered at the last appraisal indicated the appraisa7s were calculated accurately. A physical review of Mr Herlofsky`s home on May 10 was made by Mervin Herrmann and Lean Madsen. This review indicated that the previous appraisal was done proper7y, with the exception of one item. The basement of the house is finished as a Mother-in-law apartment and was valued at $3.00 per square foot, less depreciation. This, also, included finishing of the basement area under the garage. It is feit that the area under the garage is far enough removed from ihe apartment area, that 9s shou7d be ca7culated at a lower rate ihat would reflect utility as a recreation area only. Therefore, the Assessor's office recommends a change in the 1978 Assessor's Estimated Market Value as fo7lows: From To Land $ 12,100 Land $12,700 Building $ 34,100 Building $33,400 Total $ 46,200 Total $45,500 Mervin J. Herrmann Assessor's Office City of Fridley � 0 � �� ,-� � r �� . � . ! ,,� : � : � E� i� � \ . (� f. � i f- �- ' . �• "JpTIOPlAL P��BLIC ��!�RKS !�lFFK May 2� - 27 , 1978 Vlliliiam .l. Nee Mayor Fridtey, MN. WHEREAS, public works services provided in our communiiy are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the planning construction of public works programs and systems such as water, sewer, streets, highways and other types of facilities; and WHEREAS, the health, sanitaiion, safety and general weli-being of this community depends, io a great degree, on these services and facilities; and WHEREAS, the quality, efficiency, and effectiveness of these facilities, as well as the planning, design, and canstruction af future facilities, is vitally dependent upon our public works engineers, administrators, �nd technicians; and WHEREAS, retaining and attracting qua7ified and dedicated personnel to staff public works departments Ts materially influenced by the people's attitude and understanding of the importance of the work performed by such employees; now therefore, BE IT RESOLVED, that I, William J. Nee, h1ayor of the City of Fridley, do hereby proclaim May 21 - 27, T978 as NATIONAL Pt1BLIC t�fQRKS WEEK and call upon ail citizens and civic organizations to acquaint themselves with the problems involved in providing public works facilities and services; and recognize the important rale in our safety, health and well-being that is played by the public works officials in our community. c,�'�� WILLIAM J. NEE, OR N S •�. .� � o � $ r ` ` � � � ` ' � - : ` �� c ,,n � � � � : i � E. � ; r y � RECREATIO�`d A��SD PAIZKS �"i0i��fH JuNE 1978 YYI11�0111 J. IMC M ayar Fridley, NIN. wHEREAS,. by virtue of the authority vested in the Mayor of the City �of Fridley by the City Charter, June is designated Recreation and Parks Month; and WHEREAS, some 37,000 citizens of the City may take advantage of the park and recreation system; and WHEREAS, suitable and positive leisure experiences are vital to good physical and mental health and enhances the quality_of Tife for a11 peoples; and WHEREAS, all citizens can enjoy self-renewal in the out-of-doors through green spaces and facilities in parks; and WHEREAS, all citizens can fuTfill their potential in the use of their leisure time through the varied individual and group opportunities prov�ded by r�creation; and 0 WttEREAS, the City Council recognizes that the efforts of the professiona] park and recreatien workers have enhanced the services availab7e to City residents; NOW THEREFORE, I, Wil7iam J. Nee, Mayor of the City of Fridley, do hereby praclaim the month of June as Recreation and Parks Month. � " '� ` William J e, Mayor :_ 7HE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 1, 1978 The Regular Meeting of the Fridlay City Council was called to order by Mayor Nee at 7:42 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee 1ed the Council and audience in the Pledge of ATlegfance to the Fiag. ROLL CALL: MEMBERS PRESENT: Counciiman Fitzpatrick, Councilman Hamernik, Mayor Nee Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None COMMENTS REGARDING MR. RAYMOND SHERIDAN: Mayor Nee stated he wished to make note in the minutes that Ray Sheridan, who was such an important figure in the development of Fridley, died suddenly this past Wednesday and was buried today at Fort Snelling. ; Mayor Nee stated Mr. Sheridan was involved in the initiai incorporation ' procedures and instrumental in getting the City Charter formed. Mayor Nee ` stated Ray had served as Chairman of the Charter Commission for a number of � years and also served as a member of the City Council. In serving on the ; City Council with Ray, f1ayor Nee stated, on occasion, they had differences of opinion, but Ray was one of the peo,ple he admired most. Because of his contributions, many things occurred in the City which wouldn't have been quite the same were it not for his gentle hand. Mayor Nee felt the community would greatly miss him and that the Council was saddened by his death. APPROVAL OF MINUTES: PUBLIC HEARING MEETING, APRIL 10, 197�: • MOTION by Councilman Hamernik to approve the minutes of April 10, 1978, as J presented. Seconded by Counci?man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declat•ed the motion carried unanimously. REGULAR MEETING, APRIL 17, 1978: MOTION by Councilman Schneider to approve the minutes of April 17, 1978, as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested an item be added: "Consideration of a Resolution in Opposition to the Municipal Taxable Bond Issue." MOTION by Councilman Hamernik t� adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, alT voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: ! Mr. Otto Tauer, 5866 2nd Street,.appeared before the Council to vo.ice a i complaint regard?ng the park which is adjacent to his property. � �' � Mr. Tauer stated he sees the park as being in his back yard and is constantly � %� harrassed with balls hitting his property and kids throwing junk in his yard. 1 Mr. Tauer felt a wrong had been cormitted by putting the park at this location. ' He stated the people who live near the park don't want it there and the park, as it is now, is a nuisance. � i �� i ,' ��.vcrirt ��et I ! NG . _ _ __ MAY 1, 1978 . - -_ - ��_�::--- PAGE 2 Mr. Tauer felt he was being deprived of his rights as an American citi and his domestic tranqui]ity and wanted the City to tell him what they are going to do with the park, zen � Mayor Nee stated, after Mr. Tauer ha'd come to his house with the comp�aint, he went down to the ark P , but no one was there at the time. subsequent visits, the same was true. He stated, therefore, he has no direct experience with the problem Mr, Tauer is having, He stated, on Mr. Tauer stated he called the Police Department this evening and they were there when a ball was thrown. He feit the Council was " r telling him to call the Police Department. � passing the buck" by ) Mr. Tauer stated he can't tell the kids the has eggs, tomatoes, etc, thrown at his house andncarp�ay �n the park and he Mr, Tauer�stated he was there b�fore the park was put in and indicated he was going to check on the petition to put the park.in at this location. he was never asked to sign the petition and believed the park was arbitrary )aW, He stated put in under Mr. 7auer stated he is starting to go to a doctor because this is affecting him physically. He felt he had good grounds to take this to court. Mayor Nee stated that �o member of the present Council was involved in the acquisiton or dedication of the park. Mr, Tauer stated it was a petition and, apparently, the Council at that time approved it. put in through Councilman Barnette stated he presumed that most of the children were little. Mr. Tauer stated from 25 years down to 5 years of age. Councilman Barnette asked if the balls are batted or thrown. Mr. Tauer stated both. C. Councilman Sch7eider stated one of the arguments of the residents in the area was that the park wasn't used. Mr, Tauer stated this isn't true and the park is used. Mr. Tauer stated, when the ba)ls start hitting the house, it is unbearable. He stated, fortunately, hQ has a man who is deaf that lives in the other apartment and is wondering how he could rent the a p a r t m en t, if thi should ever move. s man Mr. Tauer stated he had trouble ever since the park was put in and that he had to battle to get the fence up. Mayor Nee stated about 90� of the parks in the City are impacted in res' areas. He stated this isn't an unusual situation as other parks do a resident�al properties. idential d,join Mayor Nee felt this couldn't be resolved this evening and possibly it should be referred to the Park Board. Councilman Hamernik felt, if action was taken this evening, the Council would be making an arbitrary decision. Mayor Nee pointed out the Council looks to the Park Board for an � plan for the park sys'tem and this park is part of ti�at �ntegrated Mr. Sobiech, Public Works Directar P1an. Plan wi11 come before the Council inpthetn xtUSeveralaweeksard s o would notif � C mprehensive y Mr. Tauer when this item is before the Counci), He stated staff Mr. Tauer stated he wanted to let the Council know this problem isn't going to go away and he has rights, too. Fie stated he would wait until the Park Plan is before the Council. - _ _ _._� i 83 ; i i � i ,; ; I � _/ r i! i , , �� REGULAR MEETIN6 OF MAY 1, 1978 --- - -- --`� OLD BUSINESS: PAC,E 3 CONSIDERATION OF A RESOLU7ION ORDERING It4PROVEPIEPJT AND FINAL PL�iNS AND Mr. Sobiech, Public Works Director, stated this item was considered by Council on March 20, 1978, and staff was directed to re-analyze the improvement project in an attempt to reduce the corstruction cost and to check on the status of some land which the City owns in the area. Mr, Sobiech stated the City could live with a 26 foot wide street for Pteyers Aveoue, since it would be used specifical]y by local traffic. He stated, if such a street were to be constructed, it would raduce the original cost of �24.74 a front foot to $21.25�a front foot. He stated, if a 26 foot wide street was constructed for Hillcrest, the cost would be reduced from $46.00 a front foot to $43.47 a front foot. He stated, in order to reduce the cost for the improvement, the street sections would have to be reduced. Mr. Sobiech stated the City-owned property to the East of this improvement was originally acquired f or drainage purposes only. If the Council wished to use the property for park purposes, it would necessitate a formal request through Anoka County. He stated, if the City wishes to dispose of the property, it would have to be put on the tax forfeit rolls for public auction. Mr, Sobiech stated, if the City did not want to use the property for park purposes, a number of alternatives for deveiopment could be considered. Mr. Sobiech stated he would like an indication from Council on whether they wished to proceed with the improvement of Meyers and HilTcrest in order that the developer might proceed with his plans. Councilman Barnette stated Mr. Berry was concerned about the street between his property and Mr. Nichol's and asked if this has been dealt with satisfactorily. Mr. Sobiech stated no contact was made regarding acquisition since Council did not direct staff to proceed. Mr. Sobiech stated, if the Council did not proceed with the improvement, he questioned if the Council could propose a development plan for the area that a developer would have to satisfy. He felt, if the Meyers Avenue and Hillcrest Avenue improvements were to proceed, and to assure there isn't a haphazard development, possibly a hold could be put on Lot 10 on the South side of Meyers with the idea the lot could be used for a future right-of-way for properties adjacent to Hillcrest Avenue. Mr. Herrick, City Attorney, felt the first question the Council should answer is whether or not they wish to retain the property. If they do not, the alternative would be for the City to turn it back to the County to be disposed of as tax forfeit property. He stated another alternative would be to get a marketable title to the property an�+ sell it. Councilman Fitzpatrick questioned, if the property was originally acquired for drainage purposes, if the �eed is still there for it to be used for drainage. Mr, Sobiech felt the dnainage can be taken care of by proper grading and use of the ditch along the railroad tracks. Councilman Fitzpatrick stated he didn't know what the Comprehensive Park Plan proposed for this area, but felt the Council shouldn't make a quick decision that the property wouldn't be needed for park purposes until there is some alternate proposa]. f � , � � ! ; v i /, ( � � i I ( �: t . REf,ULaR MEETIN6 OF MAY 1, 1978 PAGE 4 H5 Mr. Herrick stated, if the City decided to use the property for park purposes, it would be a matter of some administrative paperwork to get title from the � County. Mayor Nee felt the only urgent need for N�eyers Avenue is to allow for the development of one lot. Mr. Sobiech stated Lots 17 and 18 on the North side of Meyers would be developed and Lot 10. Mr. Sobiech felt Lot 10 should be held in abeyance until the develapment of the area to the South of Meyers is resoived. Mr. Herrick stated he would imagine the City has the authority to delay the development for purposes of making a determination as to whether the City wants to acquire the property. He felt, however, in all fairness to the developer, a decision should be made as quickly as possible. • Councilman Fitzpatrick agreed the decision should be made as quickly as possible and pointed out the Comprehensive Park Plan wiil be coming before the Council in a few weeks. Mr. Sobiech felt a conclusion should be made regar�iing the vacant property in order to tie it in with the improvement of Meyers and Hillcrest. Mayor Nee stated he could not see burdening everyone with the Meyers Avenue improvement for three 50 foot lots. Mr. Nichols, 7091 Hickory Drive, stated there are several people in the area interested in getting a petition to do some+_hing with the vacant property and felt a sensible petition could be presented within two weeks. Councilman Fitzpatrick felt the improvement of Meyers Avenue would be too costly for the amount of benefit. Mr. Munn, the developer, pointed out he has r'our building sites, not two. Ne stated they were Lots 17 and 18 and the back half of Lots 15 and 16 together with lot 10. Mayor Nee pointed out the lots would have to be split in order to make them separate buildings sites and stated it wouid take three votes of the Council for approval of the 1ot split. Mrs. Rosie Kehner, 7i29 East River Road, stated the area is swampy and not the best place to build. She also felt the residents should have been notified sooner that this item would be on the Council's agenda. Mr. Qureshi, City Manager, stated at the time of the public hearing, a notice for this improvement was sent to all property owners. HowevQr, as a courtesy, these residents were again notified that the item was on the Council's agenda for this evening. He stated there is no further legal requir•ement to notify the property owners as this has already been fulfilied when the public hearing was held. MOTION by Councilman Fitzpatrick to table this item for two weeks. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider felt perhaps the Council could give an indication of their feelings regarding the question of the improvement of Meyers Avenue. In polling the Council regarding their feelings in the improvement of Meyers Avenue, all members indicated they would not act favorably on the Meyers Avenue Improvement. • ;H6 , ,,� A�UL�IR;ME'�TIN�'`,OF �IAY'.�1 , Y�7$'-- �. � , , � PA��"�� • :,, �____ � ;,-�. , � ,-A�� , t,� _�. _ _-- - . _ ..._ . _ . - � -- _. _ - , , � .. . � , !~ Mr: t°krnn the'rr qups'tipned•�Q�y �e,�could'deveiop,h�s �ar1d,. :�He st ed,peopl�. i . say they don' t want .to bu��d--0�• �'h'ti 1~' i��s ;`� h$wevei , they"" may t�sh to do this in the future He stat�d they„�dll)�receive.a.hu},ld�r}g $}� �on,�•tt�et"; cost of tk�P as��s§(rieht a�id,fe�i ��"+�-�'ev�ry�brie.�s bene.f-rt.., �';r -. . � � A^' �� T t � , �.. ' Co�h�ilman�:Fi'tzpatrick po�r�{�A�ou�'��h�`'�f�e�persons'`tn �1�efaudience thatMthis j i tgm wi l 1, be oui ihe Cqun��T'"� ..�9enda on May :15,, 1�78 k;_ ,��, �R � , . �'4t.s.�.r�� _i.rf..:2.:"?`- �� . ... v, , =E• NEW BUSINESS _ , ,, , ; .•; .. . � ,_, .;r' f ri t��l,;��,, �� .. _.,, :: . .., :. ' — -.._ . _, . } . . . ��; , . �. � � CONSiDERATION OF P,N ORDINANCE 'f0 AMEND �H�I�P.`fE� �;(�3�.,E�1��TjL�;p..;'fl�tF�ARR1s:'� OF- THE --- -. ..._ ... ..�_ ,.�.., „ .�.�,u �vy. �i,. o��avrv ��.�v��.vr �nG �ITY: CODE REL7kT-hNC� �0 •F€E5. -' . . . ,, � ry � � , _ � . � ��> r�i ',F�. .�. l 1 � .i: �. � � � _. :,t4. . .. ._ . . .. ___' �.. �: . . __. ..... _ . ._ .. . .,. Mayor Nee stated this ordinance amendm��t;�!o�Jd a]aqw the dischdrge pf firearms ,in "the-City, with a'.�rniit,•,`t_o �an app.r`aVeit_�un c-��uD; �'�i��arn�;Nr�:�rge,;,9t��g�ith, uet�r�,ns �organization drill team� or other inr�j4iduals qr,;:@r•gy�n�,��tjo�s th�t display a need for said permit; .' '' � Mr;. .Qu.resha:,-Caty:;Mart��e�, stated ti�is amendment came about as aRresult�of a reques�-re;c,eived.by�a residattt;in.Fr.idley who wished to dischar�e firearny� in the basement of his�home in con�unct�on��w�th g�insrt�'ith a�tivitfies.` .; MQII+ON by Gounci�m�n F��patri�k to'i�aive'��h2 read�ipg�`�R�'��r.�.� ��Q,ord� ance � upon,;ftirst°reading: Sec�nded by Goun�ilr�ar��Ha'merrti:k. :; '.' , . - � :. . , - : Mr. Richard Harris:; Cha:riman of the Piann�rrg Cflrr�riissaah,. f;elt,sono-e cpnsi.deration should�a,�su be gi�v,ers„� a�n �ardii�arace ar an� amendment �o p`ermit ; e s,�p�3�g of S:kunks. Ne indicated the problem of skunks along._�tje r„iver.;� get��ng:: warS:e and these anima)s are probab�y.the tno,s;�t 11kel;y.��.�ra�er,�of4:��i• �:�,`: �•'J� r l",i.. �2��"' f '. ,.. l.'. . I�ayor; Nee fel�+.the�:b.�s�t s�p-}dtiori 1n`t{iis c�se. would�'`b}e 'to call the Police.;, Depdrtmepk to-; �ansil�, ih�e si tuat`i on. � � ' , Mr: Her��k,,: ��,�:;Airtor�ey, felt �f the City ,ha� s�ch �n tt�d�n} �� w!1 �� ,�� pers4n5 w2re pgrmi�tted�=to di5charge ��rea�ms �d� thts pu'rpose, a;i� spiixuq� . was •shat, ;�hera t:ou� � Ue traubl e and l iabi 1?�:x for t�ie ,C�i f:,� ��,� �, . ,y';; � .� . , . . w , .. . . Mr. -H .. ;' r � _. . , .: ' , _ '. .,._. _ : � . �rri��'efi't p2�f�aps`if trapping were ai1owed, this may{Itake care.;pf sq�ue pf..,�t�,pr�b��lem��-;,He though�:'i�'was soroething to �thin.k'abau�.,, .. ,_ ,�. � i F •�. � i. .� �.i : � . : „ t � r ?.. �lPON+A �pIC�f�dfi� TAKEN ON 1'ME,•MQTION,-all�;v�ted aye, �and'i�lay�r Ne�,d��'d�ed the,rr�otj4p.:ca�r,ied unanimously � �� f ;,.� *. - _ ��.� ; � _. �>_." � .� . +��. ._ z,. � � . • , ,"�� ` � � i�,r;��a � CONSID�RAT.IQf� .QF AN QRQIP111NCE :AME.NDIi�G CF�Ap7�ER 602 OF THE 'CTTY r.nnF nz,THF_r MOTI ��:' � .�Y �� upon he 'f:ii al l .votsTng';e � -a ., F�'t 44cr � � ULLn.�� L1l,Ct�VJ11YU . ' ' `*y `,' .',., ';.. . .. -. ar�e1'4ma�n �'�:�zpatr�i.cl� fi.o wa�i`:�e -the idi ntj �r�� Seco�iei� F�y�� ,yor Nee dec��►^eii t'� � � � ITES:OF THE PLANNING � i } '�:i - �3 " . ��' r f a: ��t ��t j� �nd appr'ov�,the�„QPdirttdnce �,�c?�nc�1m� �c�rn�laer, Upon a voice vote, e irrotio�: ��?�ried` unanimously-, , , r;.� C�OMMISSI�IN I�ETIN6 OF P '� �� • <,- � � �� s �� { �` . 1�i ,; a- BENNIE ROZM , SP #.7$'05� $,�1�3'�� BE�Ckf' S�TREET� ' Mr i;�-:i t . r:�w' �•+`� �`a ::�. �` -:. j .•, , ` ; �� .,,>��l�e,t�arlcs Directar, stated the petitioner, Mr. Rozmar�, � requeste�hi,s item be tabled for a few weeks. �,� „,��; ,,� �? MOTION x �`` = ' �Rr dnd �•.4 �! �ouncilmen Fitzpatrick:.to°��r�F� t�i�s ,��r�:�4"h�aY'��.�y schedu�e�d-.p��1�c.,�hea�i��.fp�W��;is,��'C�', Secti'�tlet� �" Cdun��tmah Hamernik. � UpOn4,� uoice-vO�Q�; ��} '�At�►5g ,aye,• Mayor Nee decTared the' mot�'dn �arried t unammously. ' � ��i '�':3`��" � ,., ;. , . �� S � . .. . . '. ._ , ... � .. , r. 'R ' �r iM"�� .LTd'a.ri��. 2. - CITY OF .FRI�LEY ZOA ,#78-04 HY RAR SP�C � L ZD�NI�G �IS�RICT: _, ,. :g , .. _ .. e ; ;,:.-� . , , . r,.�90.T�0�1 by -.Gou.nci lraa;n BarnQtte :to-.s2t`'th� pubT�ic hearing for May 8, 1978. "Seconde� b�y. ,Eounsi)ma,� SChnerder. _ Upa�i A vq4cQ vo#e, -all voting aye, Mayo_p.- Nee dec areci the mo�£��n..�rr�'d�_��imously. � � 3: HARR I Eft' S., �.�7� AD��1�, �BY W� J H�aRIEI�` JR S�''#� 02i f / . � �4 .. ,��: :Jr 1...n::. PFf�fl'•�t.�i�. ,y, . r-;-,..:�J�"�' .er�PL�. �.n-, �';.,.!1", ' MOTION by Councilman Hamernik to set the public hearing for June 12, 1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. � .J r REGU_ ��EETING OF MAY �, �g�g _._ _. � , PAGE 6 $'j I MOTION b � ,Y Councilman Hamernik �� yV�� r MARQUETTE STqTE gqN�� p S#�g_03; � Seconded by Councilman Schneider,set the public hearin Nee declared the motion carried �Pon a voice vote g for May g, 1978 unanimously, ' a>> Yoting aye� �ayor I 5 Mq --___ R�ETTE STATE BANK � ZOA �7g_02� 225 OSBORNE ROAD N.E.; MOTION by Councilman Hamernik to set the Seconded by Councilman Fitzpatrick, Public hearin ; MaYor Nee decTared the �Pon a voice vote9 for May g, �g�s. motion carried unanimously, ' a>> votin 1 . (, 9 aye� THEODORE BURANDT, ZOA #78-03 MOTIO�d b � 941 HILLWIND ROAD N.E.: y Counci)man Schneider to set the pubiic hearing for June �g Seconded by Councilman Barnette. Nee declared the motion carried unanimously, � 1978' Upon a voice vote, all voting aye, Mayor �� APPEALS rOMMISSIpI� MINUTES � APRIL I1, 1978: A• RESERVE SUPPLY COMPqNY Mr. Sobiech, Public Works Director � 5110 MAIN STREET: to reduce the side yard setback fromS2ated this is a zoned property at 5110 Main Street. request for a variance 0 feet to 10.5 feet in industrial Mr. Sobiech stated the Appeals Co variance with the stipulation that the location of mmission recommended approval of the access to the rear yard be approved p the fire hydrant and stated the petitioner is in agreement with theerecomr,ie dation of De artment and wi17 install the h drant and insure Mr' Sobiech P hydrart. Y the Fire proppr access to the MOTIpN by Councilman Fitz Appea�s �ormnfssion and rpatrick ta concu�� with the recorranendation of the setback from 20 feet g ant the variance to r the Fire t0 ��•5 feet with the � educe the required side Department, on the fire hydrant andtaccess�toS .Yard building, Seconded b � as requ;red b voting aye, Ma or y Councilmar, Schneider, the rear of they Y Nee declared tne mot;on carri�ednur,animousjyte , all B— HOUSF �� nnnr .. Mr. Sobi ech p -- v,.` """i � r AVENUE N. E. , JOHN PUR�IORT: to the Si ' ub�� Works Director gn Ordinance to increase ' Stated this �S a r sign in a commercial area from gp s he maximum square foot ge for a walj�nce the sign would be located on the roofare feet to 96 s �r• Sobiech stated the q to better adver9uare feet. He stated stipu7ation there be ppeals Corrgniss�on recomnendedtase their business, in►nediate review at an t�me limit of tWO pproval with the to the two y t�me at which theyears for point of review and wauld year time. Mr. Sobiech stated he�perty would be resold prior he feelstthenneedpforanent rooftop Si n ��derstands 9, but un,,i� the area is improved, advertising purposes. MOTION by Councilman Hamernik to concur with the recommendatio APPeals Commission and grant the variance the maximum footage for a Wd�� S� r� to the � of the � feet to 96 square feet with the s9� �fl a cormercial9areadfrom gpts �ncrease as recommended by the Appeals Commission70n re ardin 9uare Upon a vo�ce vote, all votin a Seconded b the time limitations, unanimously. 9 ye, Mayor Nee declaredy �ouncilman Barnette. the motion carried MOTION by Councilman Schneider to receive Comnission Meeting of April 1g, �978, Seconded b �Pon a voice vote, all votin a the minutes of the P)anninq unanimously. 9 ye, Ma pr Y Counci7man Hamernik. Y Nee declared the rrqtion carried RECEIVING TNE CHARTER COMMISSION MINUTES OF MARCH Zg, �g�s: MOTION by GounciTman Hamernik to receive Meeting of March 2II, ]978. Seconded b the minutes of Y Councilman Schneide�,Charter Corrmission Upon a . i I � i i I I I i j i i � .. . REGULAR MEETING OF MAY 1, 1978 PAGE 7 voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimous- ly. CONSIDERATION OF PAYING FOR SATELLITES IN NORTH PARK, REQUEST BY SPRING- BROOK NA7URE CENTER FOUNDATION: Mr. Brunsell, City Clerk, stated satellite facilities have been paid for in the past for North Park at times when the City was conducting some tours and when work was being done at North Park. He stated some charges for these facilities were paid out of the grant monies and several months were charged against the reimbursible account, where the City paid and charged the Springbrook Foundation. Councilman Fitzpatrick felt to pay for these facilities wouid be consistent with the action of the.Council regarding the satellites at the Islands of Peace. • ' MOTION by Councilman Fitzpatrick that the City assume the cost of the ; satellite facilities at North Park from this date forward. Seconded by Councilman Schneider. ' � Mayor stated he assumed these charges will be paid until a permanent facil- ', ity is constructed. � UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF CHANGE ORDER #], STREET IMPROVEMENT PROJECT ST. 1978-1 TENNIS COURTS : Mr. Sobiech, Public Works Director, stated the City recently received bids for tennis court construction and because it was felt they were toa high, the bids were rejected by the Council. Upon direction of the Council, staff has contacted the contractor, NDN, Inc., who is involved with 1978 street improvements in Fridley. NDH, Inc. would perform the necessary work for the tennis courts for $25,234.70 which is substantially lower than the low bid received previously. Mr. Sobiech stated the staff would recommend, therefore, approval of the change order in order that NDH, Inc. could proceed with the tennis court improvements. MOTION by Councilman Schneider to approve Change Order #l, Street Improvement Project ST. 1978-1 (Tennis Courts). Seconded by Councilman Barnette. Upon a voice vote, a]] voting aye, P�ayor Nee declared the motion carried unanimously. RESOLUTIOPJ N0. 36-7978 APPROVING AND AUTHORIZING SIGNIPJG THE AGREEDIENT Mr. Brunsell, City Clerk, reviewed the changes from the 1977 contract as outlined in his memo dated April 19> 1978. MOTION by Councilman Hamernik to adopt Resolution Plo. 36-1978. Seconded by Councilman Fitzpatrick. Upon a vaice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESQ�JTIO"1 N0. 37-1978 TQ ADVERTISE FOR BIDS, DIESEL ENGINE FOR FIRE DEPARTMENT TRUCK UNIT #388: MOTION by Councilman Schneider to adopt Resolution No. 37-1978. Seconded by CounciTman Barnette. Upon a voice voie, ali voting aye, Mayor Nee declared the motion carried unanimously. � REGULAR MEETING OF MAY l, 1978 Page 8 89 RECEIVING RESIGNATION fROM HAROLD BELGUM, HUMAN RESOURCES COMMISSION: MOTION by Councilman Barnette to accept the resignation of Harold Belgum I: from the Human Resources Corrmission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion � tarried unanimously. CONSIDERATION OF APPOINTMENT, HUMAN RESOURCES COMMISSION: MOTION by Council.man Hamernik to table this item to the May 15, 1978, meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 104E12 through 116950. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Hamernik to approve the estimates as submitted. Eugene A. Hickok & Associates 545 Indian Mound Wayzata, MN 55391 Moore Lake Evaluation & Restoration $3,142.95 Estimate #9 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTIC�N by Councilman Barnette 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. RESOLUTION N0. 38-1978 IN OPPOSITION TO THE MUNICIPAL TAXABLE BOND ISSUE: Mr. Brunsell, City Clerk, stated, at the present time, municipal bonds are exempt from both Federal and State incame taxes. He stated the Congress is c�ntemplating a change in their taxable status whereby the City would market the bonds and the Federal government reimburse the City for 3b% to 40% of the interest cost. Mr. Brunsell stated the person who bought the bond would pay taxes on the interest and the City would be subject to Federal government approval and availability of Federal funds, if this change was to go into effect. Mr. Brunsell stated the Finance Department does not see any advantage to the City in making municipal bonds taxable. He stated the part that is most disturbing is the fact that the City would have to get Federal government approval every time they wanted to market the bonds. Mr. Brunsell stated the proponents for the change say some cities that now have a problem marketing bonds would have a higher interest rate and broaden the market in terms of who would bid. Councilman Barnette felt the Council should support the staff and oppose this change as he felt the Federal government already has enough involvement in the City's affairs. AtOTION by Councilman Barnette to adopt Resolution No. 38-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 90 � __ _ _Z _. _. _ - --- _ --__ _ _--_ _ __ _�. _.____. REGULAR MEETING OF MAY 1, 1978 PAGE 9 ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regu]ar Meeting of the Fridley City Council of May 1, 1978 adjourned at 9:30 p.m. Respectfully submitted, . I Carole Haddad ' Secy. io the City Council Appraved•_ __ i William J. Nee May�r � PUBLIC HEARING QEFORE 7HE �CITY COUNCIL T0 LJHOM IT t�IAY CONCEP,N : � 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 P�1onday, t�lay 8, 1978 in the Council Chamber at 7:30 P.M. fur the purpose of: � Consideration of a rezoning request, ZOA #78-03, 6y Theodore 8urandt, to rezone from R-3 (general multiple family dwellings), to CR-1 (�eneral office and limited business), Lot 1, Block l, Hillcrest Addition, to allow a model home to be used as a sales office, located in the South Hal� of Section 24, T-30, R-24, City of Fridley, Caunty of Anoka, Minnesota. � Generaliy located at 941 Hillwind Road N.E. Anyone desiring to 6e heard with reference to the above matter may be heard at this time. EJILLIAM J. NEE MAYOR Publish: Apri� l9, 197$ April 26, 197$ 1 THEODORE BURANDT ZOA #78-03 Petitioner Unable to Provide Survey � Sketch Showing Driveway and Parking Lot Arrangement Prior to Agenda Preparation Deadline. He Indicated Material Is To Be Available At Monday Night's Meeting. lA I ., • ' •;, . � ' ' , - ;. r :�-. -,�� _ ;- ,_;;,: 1 � ..; : 4•. - . . THEODORE BURAN�T�,,.=:=�; - �QA # 7 8- 0 3 � 9�1 Hillwind Road�I1E �� . � • � � ��.� � . �; . � � ` , e�r � . . . . 2 t r, y . . �.''J. � `r j� ' • '� � `foQ; ,6 - � • ..- . . � ' ' • W //4 � ; � / ' CORN� .' �' / ' < t' .'r, � '� `' `' ✓ ° <' .24�- .�„ / .,..-� � � s,,` �' / :'...�. P�• SE�:' � � � � ,) - ..��l�NI r �. ' s l '4. � . � � . ' � . � . . . � N .'• - . ,_ ,z; _�-- �.✓J ........ : .--�:=,.,, �_/�� ,. ,�, f.�p,.a „ I , . «�,. . . � r"1115_�i•_{( w 1: , U 13V . •�•s�A. kr . �1:f � /4 / �� ' / .. ' . - � r I'1 � M' `n ili. / ly , . ! . ; � 4 y._' -"¢ — " z. .. c v f.. .s�r-.tr�L ':, � t° zi rc , . 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" �---- -;�,�..�__ aJ '�' ' � :s/ `•., � 1 , �� . •.......... •"�•......... �/ � � ..��5��7.irl ';-.•_'•:--•_... ,� � �.� -. -::;----.--..... .. _... ..._. -_ � �,sscJ 9 ..�� . µ �r � . �� .... � ; .t�oJ �,v.�� PUBLIC NEARING BE�ORE TNE 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 643] University Avenue Northeast on P�onday, P�ay 8, 1978, in the Council Chamber at 7:30 P.ht. for the purpose of: Consideration of a Final P1at, P.S. #78-Oi, Tri-Co Addition, by Tri-Co Builders, Inc., being a replat of Lots 2 and 3, Auditor's _ Subdivision P�o. �9, except the Easterly 82 feet of the t�lesterly 810 feet of the North 65 feet of the South 157 feet of Lot 3, and except the Vtest 90 feet of the East 290 feet of Lot 3, said Easterly 290 feet being measured from P�orth to South Quarter line of Section 12, T-30, R-24, subject to an easement �For road purposes over the North 30 feet of Lot 2, and over the EaSt 50 feet of Lots 2 and 3, all ]ocated in the South Naif vf Section, T-30, R-24, City of Fridley, County of Anoka, Plinnesota. Generally 7ocated South of 72nd Avenue N.E. and C�est of Central Av�nue N.E. Rpproval of this plat may have the potential of future assessments on the adjoining property due to utility and roadway improvements required tfiis p1at. Anyone desiring to be heard with referenc� to the above matter may be heard at the above time and piace. WILLIAM J. NEE MAl'OR Publish: April 19, 1978 Apri1 26, 1978 2 �� 'ON 't1'`d'S'� TRS–�0 ADDITION P.S. #78-01 i � �`d�1N�� a�U 2a � ,. - � - - . ' , ; � . .._..- ,- I 1 � NiVfY n110M., � 1 � � '�� rL `"..I _ �,,...��_ _ ".B6z"' � _ � �.. .. . _ � � ---�...-----_—_____,_ � '� /, � 'T� � ~j � n � ' r� 1 ' ' Q 1 � r` � , i ;. , • , ' � . ,` � � - ! ,,, : � �� 3��—' �+ �� _ - � _� , p„ , _ - � il j ; i _ _ r • � � � O� " 1 � I , M N '' ' O If' �\ ' �+ O Y �il . I' ; , � ; �`�' � l � , j o � � ..• i � � , ; „ 'i ! � � � � - �=v-� � � °t ; � ' < � ' � � r-----� . �, i - .. 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I I \V 1� , V 'I; ° --- �. - � ' !i j " � „L`".~' I � . � J / . _ � I � �' - -- -- _ : � � I � s»rtr c� �� 1 _'it � `i� _. . •- — ------- ----- \� l � ,�r . - ^ `-�� r 1 , r l y�` � �, _ � - •.S9- . ,� ,, ' :. v 1 �! , �I'm'' 1 �i � M Q � r; ` �I Y �II � ' ' r I ` N N ` � '� � m � ' '�."��. �' . ..�.�� .....�.. j•`r 1 ' 1 �( . � •, �• • 4 1 i� 1 r, J ! �. ,, ��, 1 - Ifl•--I -'� � �ti -�i6-- .' � ( � _ %" � � ' ' .. ., � . , �, .. � "n � L PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that there w911 be a Public Hearing of the C�ty Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Plonday, �1ay 15, 1978 in the Council Chamber at 7:30 P.M. to consider the following matter: A request for a Special Use Permit, SP #78-05, by Bennie Rozman, per Fridley City Code, Section 205.i31, 3, A,3, to allow the construction of a recreational use building on the North 300 feet of the South 1105 feet of the East Ha1f of the Northeast Quarter of the Southeast Quarter of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 8031 Beech Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MRYOR Publish: May 10, 1978 3 cx��y OT FRIDL�� . • PL11rdIdIt3G CCMMI�aI4N i�1FETIAIG . APRI I�., � � �� 3 A CALL T� OF�;n�:R: . . . Chairperson Harris called the April 19, 19?8, Plannin� Commission mee�in� to order a.t 7:3? P.M. �� ROLL CALL; ASembers Present: Storla, Oquist, Harris, Suhrbier, Schnabel, I,angenfeld Members Absent: BergMan - Oquist representing; Peterson - Suhrbier representing Others Present: Jerrold Boardman, City Planner APPROVE PL11NPdIT��G C�r•�`�ISSIOTd A1IT?UTES: APRIL 5, 1978 MOTION by �tr. I,angcnfeld, seconded by ;�Ir. Si;orla, to approve thE April 5, 19?8, Planning Commission minutes. Ms. SchnabFl asked that tvro typographical �r.rars be corrected: Page 9, 11 paragraph, second sen�:encP. The firs� �vord rrI�ir should be chan�ed to the tivord �rHet�. Page 10, 13th paragraph, second sentence. The vrord "Y�.erett s�iould actually be "her�'. UPJN A VOICE L'OTE, a�.l voting aye, the moti.on carried unanimauslye 1� 2. AIRPORT P�OPOSAL: Lee Ann Sporre Ch.airper�on Harris said that this item ��rould be handled under Item 13, "Other Business". CO;dTINU�D: PTJn�I�IC ri�?1RS1�?G: R�'nI1FST FOR SPECI?�L ITST PE?,'��1I';', �T; ,� r,�, ; ;,•.� ,�- , SP '�78-05. ??,�'�:?.-�i�:1IJ RO�,:�1tl:�T: P:;R �'kID�,::�t CI`�z CODr:, S_��.'I`T�?i�I 205. 131 , j, �;, �, TO i�.LLO`�Y �l''��E CC�`?STP,UCTIGN Or A RrCR�ATIONAL US� Bt1ILDING ON THE NORTH �00 FuET OF THE SOUTH 1105 FEET GF THE EAST HALF OF THE A�OR��HE9S�' �Uki�`TLR OF THE SOtiTHEAST (�UARTER QF SECTTON ,3, TAE S�iE BEING 8031 BEECH STREET NE. Public Hearing open. Mr. Boardman explained tha� the C:itZ* of Friciley Police Department checked tiri�h the Eag�n Police Departraent regardir_�; the Disco in Ea�an. E�ch of the M�m�ex� of �he Commission recei?Ted �a copy �f ihe corres�ondence from the Fridley Police Departr�ent ai�d the Eagan �'olict� Department. � � � PLANNIiJG C,�1�fMIS �I�N MI:rTINC -�',PRII, 19, 19�$ pa�;e 2" __ •, Mr. Boardman also pointed out that a Petition was received from 3 B 12 businesses in the area against the proposal. Chairperson Iiarris read the petition to the members of the Planning Commission and the audience. MOTION by Ms� Schnabel, seconded by Mr. Langenfeld� to receive the petition opposin� the construction of a teen disco recreation building to be located at 8031 Beech Street NE, Petition ��8-1978. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. The petition was received at �:�3 P.M. 1�i0TI0N by Mr. Langenfeld, seconded by Ms. Schnabel, to receive the memorandum from Ja.mes P. Hill of the City of Fridley Police Department and the carrespondence from Sergeant Patrick J. Geagan of the Eagan Police Department. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Mr. Richard Carlson of 7900 Beech Street NE, preszdent of Park Construction Company, said that he oerned 20 acres directly across the street from the proposed Disco. He indicated tha� one of his major concerns tis�as the fact that presently Beech Street was a"speed v�ay" bettitreen 79th and 81st Avenues. He said that his property suffered enough damage from those cars and that he didn't want the introduction of more cars into that area. He also s�id that he experienced the problem of refuse on his property. He said that the Company presently had a maintenance person tha�; keeps the property picked up, but .�gain he did not feel that the proposed number of individuals going into the area rrould do anything but multiply an already existing problem. He said that the CaM�any irivested their tnoney in the particular property because they presu�^�ed that the area v�as industrial. �ie said that it �vould be a great concern of any nev� people entering the area that titranted to use the particular property for an industrial venture if .the Disco ��ere allotved to be constructed at 8031 Beech Street. Mr. Carlson said that he and the Company recognized the fact that such a place �r�-�s needed in the City of Fridley, but he did not feel that the industrial locaiion �vas the proper place �to put a Disco Center for teen-agers. r2r. Don Harstad of 7101 High�vay #65 NE, president of D. VJ. Harstad Company said that the proposed Disco Center for teen-agers c�rould detract from �vhat the area rras meant to be - an industrial park. He did not fcel that the proposed teen center should be Iocated at 8031 Beech Street. F?e said that �:he people conducting. business in i:liat industrial area have indicated that they are not in favor of the proposed Gonstruction. PLnrlrri,•rr, r,or�Mxs^r�r1 r�rrTZrlc - nPRTL � 9, � 97B pa��, 3 ' Mr. F3z•ama sa�d that he was in favor of the propo�d d�_scotheque. 3 C He ielt i.t woulci be a development t;hat; could be inte�rated into Fridley's comprehensive plan for �he area. He said it.vrould be tolerable tirith the other indu�trial uses that v,ere existent in the area. He said it v�ould be a�;reat benefit to the community i_n terms of wholesome free-time activity for the teen-a�er� in the City. t�ir. Brama indicated that th� teen�center discotheque would be good for the Community and he felt that the development v�ould be compatible with the industrial aspect of the area. Ms. Suhrbier asked if it tivas knoti�m hov� much vandalism had taken place as a result of the discotheaue in Eagan. " Mr. Rozman said that there had been very little. • Mr. Rozman said that he felt it was time to consider the teen-ager and their free-time recreation. He said tha�L the discotheque crould offer entertainment for the teens in Fridley. He said it �vould be properly chaperoned. He said that not all teens ti��ere bad and some credit had te be given to the ��ood'� teens of the society. He said that not all teen�-agers cause trouble and vandalize property. He felt that the proposed location tivas definitely good' He said that the particular area had very little traffic during the evening hours and the buildin� v�ouldn't be located near residentia� areas. Ms. Schnabel indicated four a.reas that she Y.ras concerned ti°rith: • 1) She tivan�ed to knotiv the square foota�e of' the propos�u builciing. Mr. Boardman said tha� the Fire Code indi.cated there had to be 15 square feet per person. AZs. Schnabel said that the proposed building �rould be 15,000 square feet, with 12,Q00 square feet of useable dance floor. Mr. Rozman said that there tivould never be r�ore than the allotived number of people in the building a� one �ci:�e. He said the nu�ber would b�e controlled by the issuance of �ickets. 2) Ms. Schnabel said that she was concerned of the fire safety of the building. Mr. Rozman saiu that the build� ng tirrould be constructed some�vh��i: like a theater ��ith ample eYit doors. He said that the fire docrs tivould orily be 1.ocked from the outside, prohibitzno 4ntµance �ut vrould never be locked from the i.nside. Iie said that at all times, the people in the building would be able to get out. 3) A9s. Schnabel t�Tas concerned about the traffic floc��. She tvanted to linow the expected flotiv of traffic into and out of the area. Mr. Fozman said that the main flow of traffic would be from University Avenue along 83rd and 79th. Mr. Rozman said that it tivould be mainly an �veninb operation and� shouldn't produce problems in the area as far as traffic was concarned. � � PL�TI1dTTiG C�1•TP•Ti.^. �I�N ME?�.TTNG — /�FRII� 1 � 1978 - Pa�e 4 �� • • ____._.. 3D Ms. Schnabel��vas also concerned regarding the traffic flo�N onto �ast River Road. Mr, Rozman said that East River Road would only be a secondary traffic flow route. . 4) Ms. Schnabel fourth area of concern tivas in security. She. wanted to knovr if off-duty police officers ��ould be employed. She also ��ranted to knocv if there ivould be any security for the adjacent businesses in the area. Mr, Rozman said that Mr. Brama owned most of the land nearby. Mr. Brama pointed out ihat P ark Construction Company had a fenced equipment yard across the street. Mr. Storla rc�l. through �fb of the recomr.iendatzons in the memorandum from the Fridley Police Department. He tivanted to know Mr. Rozman's cor�ments regarding the item. Mr. Rozman felt that it tix�as an ativfully steep fee. Mr. Boardman expZained the item to the Cammission and the audier.ce. He said that the police department ti�ras greatly concerned about the health, safety, and rJelfare factors for t�e citizens of the area, including the business o�•rners in the area. He said that there had been an increased rise in vandalis:n over the past feve years in the area, a rise in theft co:�plaints (ti�;h�.ch could be caused by the isolated situation af the area}, and a rise in disorderl_y conduct, assults, drinking, and drug violations in the immediate area. rlre Boardman said that the Police Department felt that this tivould be the problem ��rith the proposed concept. He said that it ti��ould be hard to control �vhat ��ould be happenin� in the cars and they tivouldn�t _�:.� able to control �he happenings once ihe teens Ieft the establishment. Mr. Boardman pointed out that because of the above there rrould have to be an increase in police protection in tha� area auring those hours of operation. He said that Mr6 Hill did indicate that the costs mentioned vrexe estiMates and that they could be more and possibly less, but ti�rould cost sometilhere in that general area of dollars. Mr. 13oardman said that there ti�rould undoubtedly be an increase of litier in the area� of ti�rhich the existing businesses are already plagued �vith. Mr. Rozman �vanted to knotiv r�hay all teens had to be doti�rngraded, Hs felt that people today had to believe �hat teens are re��ally a lot better than only thieves, drug addicts, and drunlcs. Ae didn't feel that the establishment <<�ould dra��, the type of teens that cause �;rouble. He said that the entire establishmen� and parking 1ot �vould be policed. He said that the clientele at the Eagan Disco Center are not th� type of trouble-mal�ers that the Police Department tvere tivorried about. Mr. Rozman said iha� a large number of the teens are brought to the disco center by their parents and picked up after the dancing is over. He said that not all the teens tivould be drivin� themselves. PLfl?1TiTTi� CnMMI �:� LUI•� P�11:►:I'1.P�U 11Yf(1L ��j, ��i �tf Ya�;e � . , Mr� Boardman ask�d how many parlsing spaces would be provided for. '3 � Mr. Rozman said that he tivasn't sure hov� many would be needed. He said i� itas hard to estimate because the Disco Center in ra�an shared the parkin� lot ti��ith the �hopping cen�;er. Iie said that it v�asn't even possible for him to estimate the number of spaces he would need. Mr. Langenfeld pointed out that it should be remembered by the members � of the CoMmission that a Special Use Permit tivas being requested. He also saici that Mr. Rozman had been supportative of any suggestions and recommendations that had been made by the Police Department. Mr. Rozman said that it titras his intention to have a Disco Center for the teen-agers in the area and he planned �o operate the Center as long as the Center held its ov�n� dollar t�rise. Ms. Suhrbier asked if the Disco Center in Eagan �iras still popular. Mr. Rozman said that it �vas more popular than ever. He said the p:oblem existed crhere many times teens ti�rere turned al�ay because trere tivere too many ��ranting admittance. I-Ie said that �vas tivhy he tiiranted to establish a center in the Plorth suburbs. Ms. Suhrbier said that it i��as hard for the teens in Fridley to drive a1.1 the tivay to Eagan to attend the Disco Center. She said that she �aas ati�rare of the fact tha� tlle teens <<�ere presently driving that distance. She agreed that there ;�;as a nee� to have a Disco Center in the area, mainly to alleviate the problems of the area teens having to drive that great distance. Ms. Schnabel asked �rhat the hours �r�ere going to be. Mr. Rozman said that it ��ou1d be open until midnight on Friday arid Saturday and until 10:00 P.T�i. on Sunday during the school year. Mr. �LangEnfeld asked rir. Storla if he ��as a�x�are of the need or desire for t;he proposed Disco Center. rir. Storla said that presentl�r he and Ms. Gabel chaperoned teen dances each �veek-end. He said that it i•;as mainl5r for the Junior High age group, bu� he said that attendance ti�ias astoundin�. He said there �•ras al�t�ays 300+ teens at the �ances. he said that they hadn't e�:�erienc�d any really serious problems and he felt the dances �,�ere �vorking out �reat. Ms. Gabel pointed out that she felt one of the main rea�scns there �veren't any serious problems ti�as because there �ras one chaperone for every j0 teens. She didn't thin�c that 8-10 chaperones for 1000+ teens trtas adequaze. PLIINNINC, C�14r1I:�ST�,"1 MrT;TTh`(� - AT'RII, l 9, i�7�j Pa�:e 6 Mr. Rozman assured everyone that there would be adequate chaperones 3 F at the Di�co Center. Iie sa�.d that the teens ti��ould be at the center, dancin� and havin� fun and he really didn't feel there v�rould be that much trouble. � • Mr. Rozman said there �vould only be soft drinks and snacks available at the Disco Center. He said there would be absolutely no beer or alcoholic bevera�es served. Mr. Burandt said that there was a real void in the recreation program in Fridley for that age group. He felt that the concept of the Disco Center was �ood and would be good for rridley. . � Mr. Trocke of 6035 -2nd S�reet said that the Commission had before them a petition from the businesses in the area stating that they did not v�ant the proposed Jisco in that area. He said that the area vras near No�th Park. He said that anyone ti�ralking through the vroods of North Park cauld observe c�rhat a dumping place North Park had become. He said that much of that tra.�h tivas dumped there by teen-agers parkin� in the area and shotving no concern for t;he property. He said that some heed should be given to Lhe people that signed the petition because �he;� t�:ere the ones that v,rould have to cope with the pr�blems of. trash and vandalis�n. Mr. Bob Schroer of 1�90 Rice Cree�� Blvd said that he vras not nearly so much opposed to the type of operation but he was mostly concerned that � t �Tras being proposed for an industrial area. Ae felt that it lvould be encouragir.g too much traffic into the area. Mr. Brama said that the traffic p.roblem �vas one of the reasons that s:;.te ��ras proposed. He said that the Disco Center rrould be an evenin� business and �JOUld not add to any of the traffic that travels through the area during the day. Mr. Schroer said that th� conce-rn ti=ras that once the customers left the building, they �vould be "ti��anderin.�" throuoh the neighborhood. He said that t�ie businesses in �he area �vere concerned about the result�ng refu�e and vandalzsm. He felt the Di.sco Center tivotild be better if it tirere lccated on the main high<<�ay instiead of back in the industrial area. � Chairperson Harris said that in the Zoning Code under Section 205,10i Secticn B, C2 Ge�zer�l Business and CZS General Shoppzng Areas the particular type of commercial recreation is in tr�e acce�ted use withou� a Special jTse Permit. He said that the Disco Center �v�s being proposed for an Industrial lrea. He said that it was also a permitted use of Section 205oij� under Section 3,3 evith a Special Use Permit. He indicated to the Cammission that i� was allowed in trra places, one ivith a Special Use Permit and one place without. He s�i.d it �ras before the CoMma.ssion because the district r�as zoned M2. Chair�erUon Il�rris �aid that the tot�l Section 23 Public Dances of the C�de v;ould have to be complied <<�it;h. He explained that the Section laid out ;pecific��tion� for the applicant, exp]�ns the qualifications, the fee that ��rould have to be paid, and the details of the posting of the permit. Iie said it vras also �tated in the Code that the person to whom the permzi ��ras to be issued vrould be held responsibl,e for the manner and �onduct of said dance. He said i;hat a palice officer/s must be present at all times tirhile public dancing ��ias being held. Chairperson Harris said that Section 801 of the Code dealt v�ith the Curfev� la,vs. He said that the curfevr for people under the a�e 18 ti�ras 9:30 P,i�i� P�ir. Harris indicated that he ti��as merely pointing out the Ia�� for t�ir. Rozman � s informa�ion. Ms, Suhrbier asked 1�Ir. Storla i��hat time the Junior High Disco ti�ras over. Mr. Storla saic� that i� ran until 10:00 P.M. Ho1:ever, he said that sa.nce it ��as Junior High a�ed teens� none of them drove and tirere all picked up by parents. ?�Ir. Storla i�ras still concerned about the �'fee" that ti�ras mentioned in Item ;�6 of the memorandum received from the Fridley Police Department. i�4r. Boardman said that it tiras felt tha-t some c�mpensation should be nade to the City due to the ir.creas� police ac�ivity in the area due to the operation of the Disco Cenier. ' t�Ir. Rozman s�zd it v�as not knovrn that the additional police activity t�:ould Ue neede�. Mr. Boardman indicated that it ti�rasn't sure it ;�roul� happen but if it aid r�auire additioral. police acta.vity then the City should be compensated. He said that there had to be some correlation bet1reen Mr; Roz;�an�s establishment and the police force. Mr. Rezman c�idn�t feel that the amount stated by the Police Departnent �vas a fair dollar figure. He said that no other operations rrEre charged �125 an hour etitra for possible increase in police activity. Mr. Rozman said that in the Eagan operation it has proven that �here hasn't been that much of an increase in the police activity resulting from the teen center. Mr. Carlson tiranted to knor� i:�hy P�1r. Rozman didn � t put the establishment in one of the commerci�l areas in�Frid7_ey. He said that the businesses �veren't opposed i;o the concept of the Disco Center, only to the location that Air. Ro�man ti�ran�s to put it. He said that that type of operation da.d not belong in an industrial area, 3G PLATIitT1IG C,�t��1T"`�7�ir t�rr,TTPIr�RTT� 19, 197fi P��;e P__ Mr. Rozman said that thc reason h� liked the particular area vras becaufie it t��a.� by it�elf. �Ie ;aid it ��asn't around any resic?ential. areas, and it tivouldn't intcr�crc ��it;h any of the busines�es because it ti�ould only be in operation in the evenin� ti��rien the other businesses vrould be closed. MOTI01i by Mr. Lan�enfeld, seconded by Ms. Suhrbier, to close the Public Hearin�. Upon a voice vote, all votin� aye, the motZOn carried unanimouUly. The Public iiearing tivas closed at 8:4II P.M. Mr. Lan�enfeld pointed out the the Co�mission ti�ra.s considering a Special Use Permit and not a Rezonin�, i-ie said that in considering the Special U�e P°rm�t he said -that the Commission could exercise control by various stipulaticns. He also :�ranted to kno�'r ti��here the teen-a�ers of Fridley ��rere presently at. He saia that since the area vras alr•eady a desi�nated area, perhaps it r�ould be b�st to leave the area alone and keep it entirely for its designated p�zrpose. Ms. Schnabel said that she felt there tivas indeed a n°ed for that type oi recreation for the teen-a�ers in Fridley. Sne suggested that the maxirnum age for the Disco Center be 17 rather i;han 19 to help alleti�iate the possibility of drin��ing violations. She ��as concerned about �he hours of operation that ti•�as being proposed ti1ith relationship to the Curfev� lativs in the City of Fridley. 3u Ms. Schnabel sazd that her main cencern .vas that the area rtas designated as an industrial area and she felt that the Disco Center ;�auld be b�tter for a coMr�ercidl ar�a. �ne said that van�alis;a t!ould defiri �ely be a;�rob]_em. She said that �che o�her property o��:r�ers ��rould have to increase their security ihus adding an addi�ional financial burden on the business o;-mers. She also hac� a concern regarcing the traffic safety. She said �that there could be up to 200 cars at the esta�lish��eni ��rith the young people r;riving tl�er�, She said sl�e ��aas concerned about tr.e rai�road tracks and East River Road, She v�as also concerned about that number of cars being in that industrial. area at that �ime of night. Ms. Sc:�nabel said that she felt the Disco Center ltras a t�orthi��hile ' facility �o x�rovide for that age group, ho�xrever she did not feel it tvould Ue �vorth��rhile for that particular area. Chairperson Harris said that he felt that it ��ras a good concept and t��as probably r.eeded in the C:ity of Fridley, holTrever he �uesiioned the ad.visabili�;� of puttin� t'r.e Disco Center in the iiidustrail location. MOTION BY Ms. SchnabeZ, seconded by P•i.r. O��u�_st, that the Planning Commission recommend denial• oi -the request for Special �Use PerL�it, SP t7o-05: by Bennie Rozman: Fer Fridley City Code, Section 205.131, j,l�,j, to allotr the canstruc�ion of a recreational use buildin� on the North �00 feet of the South 1105 feet of the East half of the Northeast �uarter of the Southeast �uarter of Sec�ion 3, the same be5.�g 8031 F3eech Street NE. , . . PL/1TZNT1;� C�1-1"�T �;T�Pd P�t??.�T°PI11r — IIPRIL 19, 1978 � Pa�;e 9 � . tds. achnabel caid that her rea�on of recommendin� denial was based on the many �tated ccncerns. �he said that she v�as concerned about the health, U��.fety, anci r�elfare of the adjacent property oti�mers and particularly the safe�y and ti��elfare of the pro�pective cusi;omers that vrould be u�in� the particular facil.ity in that area. She said she 1'l�.� not on�o�ed to a Disco Center, but; she was opposed to it going in�o the particular location. She said that it vras not a compatible use �vi�h �he rest of the surrounding properties. UPON A VOIC� VOTE� Mr. Oquist, A�s. Schnabel, P�r. Lan�enfeld voting aye; i�fr� Storla and Ms. Suhrbier voting nay; rir. Harris abstainind� the motion carried. . Chairperson Harris indicated that he abstained his vote because he 1��as an affected property o��mer. Mr. Roz�an thanked the trio coMr�ission members that voted in his favor. He said that he felt very sorry for the people that �r,anted the Disco denied� Iie said tha� they r�ere den,ying something that <<ras really needed. He felt it ti�ras tiMe to quit saying tha� teens tivere all bad, He said that the teens today are the citizens of tomorroti�. He felt that the problens ��ith the society ti•ras more trith the parents than �vith the teens. Mr. Oquisi said that the members of the Coznmzssi�n DID rdOT deny the disco center. They denied t�e req_uest because of ��here NIr. Rozman � t��an.ted that disco loca,ted. Ne indicated that there ,��ere �roblens ivith r�any of the teens today and i;hat �ras apparent in anyy school parkin� lot a person �,:ould ;�;ant to observe. He said that because tY�e metn�ers oi' the Co:nmission ��:ere concerned citizens that they t��ould prefer to see the Disco Center located at a more accessible and better controlled Co�mercial site. 3. PUBLIC HT�'1RTT;G: R::ZC�,T2r?G PPnUEST ?,OA �,� 8-OL_ CITY Or' FRIDT,E�': TO ES`i'A33i,IS� �� 1:�';; i;CI�T?�TG llISlRIC`.I'� S-1 ;jP�Ci1�L �,UI�;I��G llI;�TRICT) AND TO R�ZOATL T��E FOLLD',7I�TG PROPERTY T� THIS DISTRICT: BLOCI�S 5�6,7 & 8, HYDE PA� ADDITION FR0�7 R-2 (T:';0 F,�•7ILY D,',�ELLIPIG At�EAS) TO S- i; �'1ND F3LCCI�S �� 10 � 2LE & 2�� HYDE PARK, I'ROri R-3 ( GLI\�RAL MULTIPLE FAi�iILY D�';ELLITdG AR.�AS) T0 S-1 ; ATTD BLOCKS 1 1� 12,21 922� 25� 26 � 2? & 2�, �iYDr PA '', FRGM C-2 ( GEI`1FRAL BUSIN.�SS AR�AS) TO S- i; �i1D BLOCKS 1& 2, CITY VI��7 ADDTTIOPT, Fi��T�. C-2 ( G'r�N�R11L BUSIN�SS r�P.E iS) TO S-1 , CETI�RALLY LOCA.TED r�ort 57t11 nL�ICE NE TO 61ST 11VLI�'UE 11E; 11�.�tD UNTV.�RSITY �VEN'JE TO MAITt S^1P,Ei;T. . TiOTI�N by l�ir. LanUenfeld, seconded by Ms. Schnabel, to open the Public Hearind, iTpon a voice vote, all vot�ng aye, the mo�ion carried unanimously. The Public Iiear�.n� tivas opened at 9:04 P.Ai. 3I r�1,1t111'1T11!', r,r,i��.�r"SI�T1 t4L;rT7P1G - n�rzzT� � �� 3 n� e io �. Mr. �oardm�n said that the �iyde P�rk area has had a number of specific pr'oY�l,em� in the past. �Ie said i;hat hard��hips :��ere Put. 3 J on the resic�ential homes in the area ti;�hen 1/3 of the axea vras rezoned to Commcrciai zn 1969. He said that the residentzal homes �vere c].assi,fied as non-conformil.7�; us�. He said that a re�ident group ��ranted to knoti�� ha�: could be done t;o correct the problem. He said that two meetin�;s vrere held v�ith the residenis in the area and at those meetin�s the residents chose a 16 member neighborhood eouncil. He : aid that szx meetings r�ere he�d tiri�;h the nei�hborhood council at ti��hich they decided upon the Crdinance that the Commission had before them. Mr. l�oardman said that the Hyde Park area ��ras a uniaue situation. He said it �ras decided upon to call the area a Special Zoning distrzct. He said that the neighborhood co�ancil e�anted the zonin� set up so that people ��rould be able to utilize their existin� facilities and if they rrere over 50/ destroyed, they ��JOU1d be alloti•red to rebuild to their pr�sent cade restrictions. He sa�,d that th� neighborhood generally wanted to be recla;�ified as a single-family area. They rranted to retain the chara�t�ristics of a single-far:►ily area. He said that further �nulti�le dtirel�.ing de�►elopments ti�rould be res�ricted ho:�rever the present �ultiple and cor�mercial pro�erty otimers t�rould b� alloti�red to maintain their establish.,en-cs0 He said that because of the conditions of that type of zonin� they had to go to a Special Zon�.ng district. Mr, Boa_rdr.:an read tnrough the spec�.al features of the Ordinar�ce. • Tie ex.plair�ed several points of the Ordinance as he read �hrough them. A,r. Rcbert Your�g of 5807 3rd Street I�'E sazd that it z;ra.s de�endent on �he rezoni�g of the area �s to ti�rhat type of street rras pat in on Thi�c? Street. He said that he ti��as presently Commerczal but if that areu ti�ras rezon�d to S-1 he didn't feel they should have to pay for the commercial, street� rir. Boardman said that it vrould be a decision that Ci-ty Council :vould have to handle. Chairperson Harris said that there tivas definitely a difference betiveen a resider.�ial sireet and a commercial s�treet. He said that the cor�mercial stree�;s ;�rere nine-ton streets and th� residential streets tivere four-• 4on streetso He said that it �=�ould be a determina�ion that i��ould have to be m�de by the City Council. ?�r. L�oardman said t;hat there ;;�ould be no street improvements starte� before the zonin� ��:as determined. He said that any �easuring that �vas tal:in� place ��,as determining the property lines. � Mr. �3oardr.ian eYplained that Lhe type of street that ,�rould go in�o a partzcular are� ��ould be deternir.ed by the City Council. He said that Nl��l the �-1 District, there �rould be no r�ore expansion of businesses in the area. He said that the e�i�tin� businesses ��rould be allo��le� to rer��in. �ie sazd that it ;rould r.ave to be de�ermined at �hat time if the e�istin� businesses l�rould put a load on a residentiial street. He sazd if it �:as deterinined �ha.t the businesses tivould put a load on a ,resid�nti^1. ::treet, then tre �trcet i�rould be made a commercial str��et. Mr. Boardman a��in said tliat it ti�rc,uld be a Ci�y Council de.cision. CITY OF FRLDLEY PETITIUN COVER SHEET Petition N��. 8-1978 Date Received Anril 18, ]978 object Against Special lJse Permit S.P. #78-05 for a Teen [)isco Recreation Building at 8031 Beech Street N.E. Petition Checked By Percent Signing Referred to City Council Disposition Date 3 �C April 18, 1978 City of Fridley Planning Commission 6431 Universitv Avenue N.E. Fridley, Minnesota 55432 Relative to the proposal to allow the construction of a teen disco recreation building to be located at 8031 Beech Street N.E., we the undersigned business concerns in the area want it to be known that we are opposed to that type of enterprise in this industrial area. / 7y'I�j �� I�'//f � ' /�� ' , ( � r (� ` //�` / A�,(�. ' ; �.V a/�"`V � - V ' (,�v % , 7 � � -� �'�,�-�� -�� ._... , , ._.,:� � � � ,. ' � ��-cc:t C�, ' �- -- ._�_�titia- ��.-�, N , �� L �— - ._ r... �-� ` , . '_�. � � _----� - �,�.: �._—�'--L-�---�Z::.J��.. ._.....�� 2- :�� • � �. r� � /� r',� ' l�� jL✓�./'� L G� j i:.�=., � i-�' ;'� ��,..- . ,� j!��` / C�' % /� �' 2-" z��'`-Y-�� /� ��/ �/ �"' /� �� ,,.f• ��",�.,�/��/�'�--_<��/ �'-� �'' / /� � � �J ; t ,.,_. 'Y,� �v /� ^ ! / i „'..G Z�l \1 S � �' � �� .I l� ✓ N• �. 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' 4! ��: �-l.�" "/ l_�� \ � �� _�� , � 1 ��) � `'t� i� ,' � ,, •I �� i��i.�c � 1� Y _. _ _ ... __y1 - - II � �� . �f� ,� � `� �� _---y-'�� a= �• _, � a',#t �_� - -__ _.-.--- : -.,: : �.� __ . .__. � :� �i:; --_--� -_- ----;;Y��-=�==�' -; ==` ____ �: R;�� '� s � ' ;�' f'�j !�'% 1 � ; � � u�oa p �a3N��rv�< ' • � � ti � . N .• }, �7 , � `__N�/l.-_t __. �q N.�wN/__'^y . i .._ rK �- 4 : �� M f lil _v t 4 �� h C '1 � yy V . � yN r � I ,-� �/ � : �. . .�� ; �a� VJ'iF`.tY�:] � �1' .2i j .!; � ; . � .`� `. .V � ti ti� T �� K % �!' C� i lil t �;� . Si..._.•..i.._. _».-._. H h. � .� / �t!` 't. ": �-; L��Yas _, ianray,:. ,�%/��,�._t� �\ � � :N�...�T�""'�..�-.�� ,��• J � y�" " v �_''-- � �, i! , ! ' ,.�` -- �N�. , t: ,�� ,' ; ' ' . I . ;,, ., jY+�}.'?i� = L-� _,t� i ,�,:._" :�%..'P:� ;-n.'?.:-• .�, �. .:{ , . .-: �;'";i �-'�~'" � -�' j�� J� � . � r' '� `4. � ,� � ` � r .a ! � • �� •r +L . � � }n-�� „s' ' _ "..' __�,.: _��_-� � '_ ,� ; �' , ZNE�N u`�"` . ;, __ . . --_ �--;-- �;.: ;.:ylr� ',i. rioa / i:., �.��,� � `'i�!, `, -:f., ; � ., a;. }� � i _:.-r ` �' ::' q � � �_ „i,•r�'�� >":�� J Q� i-�� i ��' 0 /.:� ; •� � �� \ l��{••''r . ,�?. ~�� . t >>p r.�,'• ;' '•✓ �, �•. •. �l � ��_'��•� '.�,`� �', - / 01�'• ' +,��. ' �� ' `- r�l , . • � y`�� , 1:�.� :�� • ' �:0 '^ � . � �✓� , •• , ��.y`> •.., • •, ,f .�r.".� y'�`J• \ � ' '•� i/ r � \ a�• . . '� :�. ��i 1 :: � ORDINANCE N0. � AN ORDINANCE AMENDING CIiAPTER 602 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED "BEER LICENSIrdG" The City Council of the City of Fridley does ordain as follows: Section 602.08 Conditions of License Subdivision 4. Employment of Minors No person under 19 shall be employed on the premises of a tavern, except that persons under 19 may be employed as musicians,bus-boys and kitchen help. PASSED AND ADOPTED BY THE CITY COUNCSL OF THE CITY OF FRIDLEY THIS DAY OF 78• William J. Nee - Mayor ATTEST: Marvin C. Srunsell - City Clerk First Reading: May 1, 1978 Second Reading: Publication: ORDIN��ICE N0. AN ORDIPJANCE TO AMEND CHIIPTER 1(13 EP�TITLED "FIREARPIS" OF THE CITY CODE 5 OF TE1E CITY OF FRIDI.EY �IND AMENDI��G CNAPTER 11, SECTI�N 11.]0 OF THE CITY CODC RELATING TO FEES � The City Council of the City of Fridley does ordain as follows: That Chapter 103 be amended as follows: 103.01 Discharge Prohibited '"� It shall be unlaw�ful to use, fire or discharge a firearm within the City of �; Fridley except by a legaliy appointed po7ice officer or•an individua] under his/her direction in tne performance of his/her duties, or excep y permi � �ssue y t e u ic Safety Direc±or to an approved gun c u, i. range, gunsmith, vnterans organization drill team or other individuals or organizations that displays need for said permit. Perm�ts shall specify the conditions under which they ar•e issued and valid. Permits may be revoked by the Public Safety Director when in his/her opinion, there is a _public safety danger or infrinqement of peace and tranquility. Den�ed and r�voked permits mav be appealed to the_ F_ri_dley Citv Council. That Chapter 11, Section 11.10 Fees, be amended by addin� the following: Code u Sub�ivision Fee 103 Firearms (Discharge $25 (One�day to one year) Permi t FASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: MARVIN C. BRUNSELL - CITY CLEFK First Reading : May 1, 1978 Second Reading; Publish........ • � WILLIAM J, hEE - MAYOR 1978 Rcso�.u'TIUN N0. R�SOI�U'I'IOV QitUERTNG I141'ROVI:MENT A"��n !�INP.L I'LANS AND SPiiCT}�I- , GA'1'IONS AI�U LSTIbU1T'LS OP COSTS T•tierzr:Ol': STREET IMPROVEN�NT PRQJECT ST. 2978-1, ADDENDUM #1 tiVIIFK�AS, Rcsoluti.on IJo. 13-1978 adopted on the 6th day of Feb., 1978 by the City Cotmci_1, set the date for heari.n� on the proposed 9mpravements, as specificall.y norcd in thc Notice of Hearing attached hereto for xeference as Exhibit "A", and {tiII�F:EAS, a�.l of �he property owners whose �roperty is liable to be ass�ssed wi.th the making of these improvements (as noted in said Notice) wexe gi��en ten (10) days notice by mail and published uoti.c� of the Council H:ari.ng through t►��o (2) �:eekly publica�i.ons ef ihe requi.red notice, and i:}te hearin� r�as held and the proper.t}� owners heard thereon at the hearing as noted in the sai.d notice. NOIY, TJiEREFO::E, �E T f RESOLV�D, by the Council of the City of Fridley, Anoka County, t�linnesota as follo��rs: 6 1. That the follo�ving i7�provements pro�osed by Cotmci.l. Resal.utio;i No. . 131-1977 are hereby ordered to be e�fer.ted and cornple-ted as soon as reasonably possible,to wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: Meyexs Avenue: Burlington Northern Railroad Right-of�taay 1V�St to Existing East River Road Right-of-way Hillcrest Avenue: Nieyers Avenue to Hickory Drive 2, Tliat work to be perforned under this project may be performed under one or r:iore contracts as may be deemed advisable upon receipt of bids. 3, That the Public {Vorks Director, Rich«rd N. S�bzech is hereby designated as the �nginet�r �or thi.s improvement. He shall prepare fi�ial pla:ls ar.d s�eci.ficutions for t}ie making cf such improve»ent. ADOPTED BY 'Ti�F CITY COUNCIL OF TiIE CTTY OF Fk�IDLEY TfiIS DAY OF , 1978. , AT7'F.ST : CITY CI.rI:K - b1ARVIN C. RftUNSfiLL � 1►1�iY0R - IVI LLI?l��l J . �Il':!: .� Possible 151,800 sq.ft. (3.49 acres) �Park 6� t1 ti�v City of Fridley Property 87,800 sq.ft. (2.02 acres) Developer Property 64,000 sq.ft. (1.47 acres) 9,726 sq.ft. (0.22 acres) Required Parks Dedication through Platting Ordinance 54,274 sq.ft. (1.25 acres) City Would Need to Acquire i ,, �� Access to Park �� ESTIMATED FIGURES " 'f ��n' /yR/ � t r`� ' _. .- � ��p� ..b�� .- - t.: i �� Z J�' /� �. . � 72 t 9� ,�...� � � �-� io� ` �`a,.a - _ � bl . = 72i0 - . � �z�� ' N tI�!; ';- -_ D� _.,, z� � ze� � ,". `' � 72 I y v'yt.� r At C1RC , •. - - rsz • ,� �� s.. h � e �: - .,. - _ } '� ;, �� .�• "�'� .'� .,- '' /1 '� o -� s � � �: �i � � 0 �1 4 � � ,�1� . . � s[zi� •� �'Y � ' , � �1 � _ � _ 7� ` -� ° , OD/ t'�,`` - �+ 1 v y ".,o. �+ '°° .� `� ; 72 0, �3. ` . �; ,�� . , . � (� ' 3 .�.,,�� ' 6 0 ." 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(V� P�,� �, it`' -+-*,r,�i ----+�--�.: 7092 7084 � , 3 Z � � } r� 8 : � f ; � �- - • . _ _ � � 'trfty� � `� -rti �1 JwM 6 i.Yi�y�v Bnnaf7� , � �. „N. � i `�,� r�l � 7 } ' _ .f.'nr �fo' . , i � ' - — — - �' r.�. �' � tr, ��.+s ` f:► 705 S.•' � � � � a,- cl; ""'7035 � ` r!'^ ,. _fc ,��q� ..,�.,. � rn-.s> ` � 1 I • '� � .t/ . �.� � _ y� c � �°� E/fw7f i✓C'r r � ° ` � i �^ 9 � !1 �'�� - - . - �1( - '( _ z � Y • ^f,�� e• Z -� N'.YY �' 1 � .. J �4 V 7 ..o . - - � �� ►� � � y � � ti� � � �.ar � � / _ � s �' . 1 r��_ . � ,� _� �V o� �' 4: . i .�� : 7 � + � ; `'i- .s�v � ` � i 1 � �z �zs�`i �� -s �; zi �,�,, � I i02T 1: � �� ' 't`;�'� ` � � �'V� .v.l.it C. ( ' .K s r�.� � io X' . ' � �--� - - •- ` /9 � �q�' 1t � � ~ � . . . .� \ � - • y� %�3�J � J G��• >/.� , ~,� 3� �'�y'r 703a . ��" � �'�' ' . n• '•�'Y �+; � �, -�..� �, . . � � , ., (f ( .R �' if a �rc»i � 1Y s �, i ! y J� � iii're't � 7D 1!� . ,� r. —_ 1 � \�' n� ''1 ��.r; q[ �' : �' �,+*:�� t � �, _.v, ` Y= -�� =� ` AM/I�7I/�r6J�+M��'/'7f, SS .i*.�+.� �:5� .� ,%Y� � . ;.. .�vf�J� ' �� "�' .' �' _ _ _ —1-1 �, yy,' ,�� o. � � R � .�.�rKtY yNrf .�(�,iy Y°•.r�' �� :" ..d3 �1 �i . , � �'t%-� '� ---?� TH WAY' ._ _ N..E.+ � �,��.�`�� u; •;s �: ,�o� 2 :� n �'�'� � t. ; r�.�f r1 ; z • f Q'.1 � . J � Y'il�x•i7"'--Sr�JP-� 'i1 �'~'� �l ' . � � � 1 ..r�.,�+� � t' ' ,�, �i / / ,i. F�L'54LI7'1'10N 1v0. I:CSOI.U'I'IO'� 0}2DrItING IMl�IiO��I:P'.CNT AND PTNAL I'LANS A?VD SP�CIrI- CA'CIUNS A;�D ESTI�'�'1TES Ur C0�'I'S 7'ftEIZTOF: SANITARY SEWER AND NIATER IMPROVEMENT PROJECT #124 {�I�I:REAS, Resoluiion No. YS-ig�g adoptcd on the 6th day of Feb., 1978 by the City Council, sct; the date for heari�i� on thc proposec� improvements, as specific�lly noted in the Notice oi Hearing attached hcreto for reference as Ext�ibit "A", anci WH�REl15, alI of the property owners whose property is li.able to be assessed with Y.he making o£ these improvements (as noted in said Notice) were given ten (10) days notice Uy mail and publi.shed notiee of the Cou�tcil Hearing through L-wo (2j we°kly puUlications of the required notice, and the hearing was held and the praperty owners �eard thereon at the hearing as noted in t-he said notice. NO{V, THEREFORE, BE IT RF.SOLVED, by the Council of the City of Fridley, Anoka County, r4innesota as follows: 1. That the folloi�ting im�rover.:ents ��roposed by Cow�cil Resolution No. 14-1978 are hereby ordere�l to be ef-fected and completed as soon as rea.sonably possible,to wit: iVatermains, Sani.tary Sewer Laterals with Service Connections, and Appurtenances, located as follows: Meyers Avenue: Burlington Northern Railroad Right-of-way West to Existing East Rivar Road Right-of-way Hillcres�t Avenue Meyers Avenue to Hickory Drive 2, That worl: to be performed under this project may be performed under. one or more contracts as may be deemed advisable upon receipt of bids, 3. That tlie Public iti'orks Di.rector., Richard N. Sobiec}� is hereby designated as the Engincer for this impxovement. He shall prepare final plans and specificati.ons £or the making of such improvement. ADOPTED BY THE CITY COUNCIL OF THF; CITY OF FRIDLEY TiIIS DAY OF , 1978. MAXUR - tVILLl�'1�I J. NEE ATTF.ST: CITY CLIiRF: - rUIR\'ll�f C. BhU;VSELL 7 �� U� F.OR CONCURRENCE BY THE CITY COUNCIL APPOINTMENT f4av 15. 1978 0 HUN'iAN RESOURCES COP�IMISSION APPOINTEE TERP'I EXPIRES 4-1-80 RESIG�JED �1EP�BER Mr. Harold Belgum 19l Hartman Circle N.E. Fridley, MN 55432 �. ORDINANCE N0. AN ORDINANCE UNOER SECTION 12.07 OF THE CITY CHARTER TO VACATION STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of a 60 foot right of way for a street described as follows: That part of 48th Avenue N.E. between 3rd Street N.F. and University Avenue N.E., that lies adjacent to and South of Lot 16, Block 1, Plymouth Addition, and adjacent to and North of Lot 30, Block 8, Plymouth Addition, Al1 lying in the South Half of Section 26, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated except that the City of Fridley retains easements for drainage and utility purposes on the South 45 feet of the North 55 feet over the street herein described and vacated. SECTION 2. The said Vacation has been madP in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - �1arv�n C. Brunsell Public Hearing: May 8, 1978 First Reading: Second Reading: Publish:....... � W //4 CORNER SEC. 26 � . � _r . _._. 31 � ��, � a r ; Gc :4��t : ,q�8a ; j. 7 4��9 ��- - � ��7 - q��s .��95---�-�$a�. � 9 $ �` 3 �3� . � � � � �' u -- V ' � , i /9 - � y /1 � � �B . a �3 � , ,�,� n � a /q . � �.�7EfR'---� .e V /�oi.'V � ,� O . � /t � ; �� 370 /'rl 9:: ' V` �19 _� a� �� 'i � o � 4?�� 7�� . � � -`�az� � � � �74� 472�7- ' ` �-�3Z � L� � �t� ° _Q7�z4. 2r •� xo ��;;�6. : 47$ q � ; ,q `i I � � , �,,,; �V � /i p� N� � �f V ';�TO�-: �;f�4; ° :LC r� ° � r ! ' y .� ��. A-,�1.�(, / : �. �� .� Vd1/_ , I V �O � . : z . �4 6� 5— 46�8 . Q �.�� s , 4bs6- , 4��751,�� . � �4644 ' 46.34 � a — � . � �3 � e �.z �r , ,; C �? t� � SAV #78-01 JOSEPH SINIGALIO � �49 T�f: - - __. - - . �VE - �z � .).'� i : s ,, :;��- ; ;Q��o ? ��',-- . ,�a��- , 9ahf — s �85� =das� -, � � �i ��QQ 4�9 � � _ .��2 . z� : ��? 7 •�q �� ; 9 'f �IZ � �O�S , ��a� Fq��°� : ; �sH .: �. . '' i Ar�� 9A _'h_ `; ------�a/i",'1! +r ---------;. � � - � � � , - . , - - - ----�.. . f :� - � -----•-- i:.; , � - - `---- � ` � ._, _.�-, :. .. 9 ,,��w„ .l�,,, �. � - - �a �'`' _(� ___.,' �J r /1 F ' f , ----H-,--; ,°� /� 4 h �� -----�..�:,�•, v Q M .. "'� il% �: \� � � . _ ' ^ '' a ci � �— --'—� l � , ; � 6�J . -� - :� � , , --------; • 8 - --9-� io � - --- �--r; . „.w.- ' i1 .t.� �V' /! `�/ ' ' _ "' ��Fr' I - - -'f �� ` v_ _ . `tf o+. 0 • e _ . ' - —,-ii�'�,i, �' �� t " ---z-�� `. N - --r -- � � _ _�__.. , _ _ _.;° y . - • -.,..,.: - � � � h �, � �� _ 0 0 _ t i. n r A I v V � �� O i O � � rt � rr rt N N O W _+ OD �D °O � N f i � ( `�i. � � � I� � 1 � � I i �. I � , �. � � � � � \ . oV � � N1 y �, a �� rr � 9 C (U � C fD ./ .�'� r N� U _` I f� � 0: O� � � ! j U. � i � ro . E �,' ; (C (p � r ri ! I i i i � � University Avenue NE � � i ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE BY ADDING SECTION 205.22 S-1 SPECIAL DISTRZCT The City Council of the City of Fridley does ordain as follows: Chapter 205; Zoning,is hereby amended by adding the following Section 205.22 entitled S-1 Special District: 205.22 S-1 SPECIAL DISTRICT 205.221 Title 1� SPECIAL DISTRICT This ordinance shall be referred to as the "Hyde Park Neighborhood TITLE Ordinance" in short form. 205.222 Purpose The purpose of this special zoning district is to: PURPOSE 1. Change the present "legal, non-conforming use" status of the residential dwellings in the neighborhood to a"conforming- use" status; 2. Re-establish residential character in the neighborhood; 3. Protect the property rights of all present landowners as much as possible, while promoting the general development of the neighborhood; 4. Establish a zoning system for the neighborhood that will ' encourage residential investment and development in Hyde Fark. 205.223 District Boundaries The Hyde Park Neighborhood shall comprise Lots 16-30, Block 5; and BOUNDARIES all of Blocks 6, 7, 8, 9, 10 and 11; Lots 16-30, Block 12; Lots I6-30, Block 21; and a12 of Biocks '22, 23, 24, 25, 26 and 27; and Lots 6-10, Block 28 of Hyde Park Addition; Lots 1-13, Block 2; and all of Block 1, of City View Addition, in the City of Fridley. 205.224 Uses Permitted 1. Principal Uses One family dwellings 2. Accessory Uses A. Yrivate garages or other accessory buildings. Only one accessory building in excess of 240 square feet is allowed per site. One additional accessory building is allowed provided it does not exceed 240 square feet. Any accessory building in excess of the above requirements (square footage or numbers of bvildings) requires a special use permit. All accessory buildings must be permanently attached to a foundation and may not be used for home occupation. All garages, whether attached to, tucked under, or detached from the main dwelling, are considered to be an accessory building. B. Privately owned recreational facilities, such as swimming pools, tennis courts, which are for the enjoyment and con- USES PERMITTED Ordinance No. _2_ 10 A Chapter 205, Section 205.22 venience of the residents of the principal use and their guests. C. Customary home occupations including rental of rooms for occupancy to not more than two persons per dwelling unit. 3. Existing Uses A. All existing uses will be classified as permitted uses within the zoning deistrict on the present property which they occupy. B. Existing uses other than one family dwellings: In the event that the main structure is either damaged or destroyed, the existing use will be allowed to rebuild but shall not exceed the size or setbacks of the existing structures. Alterations may be made when they improve the livability, provided they will not increase the number of dwelling units or the bulk of the building, C. Existing one family dwellings: Existing one family dwellings that do not conform to the condi[ions of Chis ordinance will be allowed to continue as a permitted use. In the event that the main structure is eithez damaged or destroyed, the existing use will be allowed to rebuild to the setbacks of the existing building or to the allowed setbacks of the zone. Alterations and additions will be allowed when they improve the livability, provided they meet the required setbacks as stated in this Chapter. 4. Uses Excluded A. Radio or television antennas exceeding a height of 20 feet above dwelling roof. B. Any use not specifically permitted in the preceeding para- graphs of this Section. 205.225 Lot Requirements and Setbacks Yards, lot sizes and open spaces shall be as required in this section LOT REQUIRE- for one-family dwelling in the Hyde Park Special Zoning District. MENTS AND 1. Lot Area SETBACKS A. A lot area of not less than 7,500 square feet is required. 2. Lot Width A. The width of a lot shall not be less than 60 feet at the required setback. B. Where a parcel of land is less than 60 feet in width, but not less than SO feet in width, and comprises one or more full sized lots or parts thereof, on a subdivision or plat recorded before December 29, 1955, and the minimum width of a lot as originally made is less than 60 feet, and it is no longer practical to require a greater width, the minimum required lot width can be lowered to allow a building on this parcel with the side yard requirements reduced to five (5) feet minimum on each side subject to the following conditions: Ordinance No. -3- 10 � Chapter 205, Section 205.22 � 1) The distance between any attached garages or other accessory buildings is at least 10 feet. 2) The distance between any building and the living area in an adjacent building is at least 15 feet. 3) The distance between the living areas in any two adjacent buildings is at least 20 feet. 3. Lot Coverage Not more than 25 percent of the area of a lot shall be covered by the main building and all accessory buildings. 4. Setbacks A. Front Yard: A front yard with a depth of not less than 35 feet is required. B. Side Yard: Two side yards are required, each with a width of not less than 10 feet except as follows: 1) Where a house is built without an attached garage, a minimum side yard requirement �all be 10 feet on one side, and 13 feet on the other side, so that there is access to the rear yard for a detached garage and off- street parking area. 2} Where a house is built with an attached garage, the side yard adjoining the attached garage or accessory building may be reduced to not less than 5 feet, provided the height of the garage or accessory building on that side is not more than 15 feet. C. Corner Lots 1) The side yard width on a street side of a corner Iot shall be not less than 17.5 feet. When the lot to the rear has frontage along a side street, no accessory building on the corner lot within 25 feet of the common property line shaZl be cZoser to said side street than 30 feet; provided however, that this regulation shall not be interpreted as to reduce the buildable width of a corner lot to less than 25 feet. 2) Any attached or unattached accessory building which opens on the side street, shall be at least 25 feet from the property line on a side street. D. Rear Yard A rear yard with a depth of not less than 25 percent of the lot depth is required, with not less than 25 feet permitted, or more than 40 feet required, from the main building. 205.226 Building Requirements 1. Height No building shall hereafter be erected, constructed, recon- structed, altered, enlarged, or moved, so as to exceed the building height limit of 30 feet. 2. Minimum Floor Area A. A one-family dwelling unit shall have a minimum first floor area of 768 square feet of living area. i BUILDING REQUIRE- MENTS Ordinance No. '4' Chapter 205, Section 205.22 205.227 Parking Requirements 1. Parking Ratio At least one off-street parking stall shall be provided for each dwelling unit. 2. General Provisions A. A properly maintained hard surfaced driveway is required for each dwelling unit. ' $. The required parking stalls shall not occupy any portion of the front yard. 205.228 Landscaping 1. Grade Requirements A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: A. The minimum elevation of finished ground grade is to be not less than 'a inch rise per horizontal fuot of setback measured from curb grade. B. The maximum elevation of the finished ground grade to be not more than 48 inches above the established curb grade. C. A different finished ground grade may be establihsed upon application therefor for approval by the City Engineer's Office of the City if such different elevation is found not to adversely affect sur£ace drainage to or from adjoining property. D. The City Engineer may specify a minimum finished ground grade for any structure in order to allow proper connection to City utilities. 2. Site Improvements A. Sodding and landscaping to extend across the entire front yard and side yards. B. The boulevard, and rear yard are to be properly maintained. C. All structures, walls, fences, walks, steps and other exterior developments shall be maintained in a good state of repair, and kept free from dilapidation by cracks, tears or breaks, or from the deterior ation of materials and their protective coverings which give evidence o£ long neglect. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: May 8, 147$ First Reading: Second Reading: Publish........ _ MAYOR - William J. Nee 10 � PARKING REQUIRE- MENTS LAND- SCAPING -=T °. "�� -�__..._.�....� � � . ..�i � .•��.r.•. - � I io ...1 � . .��ht �obC � ''" o z�c zx �' "; �; ry ` ' �� Q � y • (o!.} ,, �i .. .. � y r • 6470 6� 35 4,0 �o - I°C�.36 bb�> �-�� . , �r �.� _ r (,o�� h��z �G35 ��3z F�bq� 6050 . ., pa3� baac bo�� 'fi �- � 6o�i �;�Z4 . e �: . r�0 t F3 _ � ~' {,p2s 603�� - bot7 ✓ - �Q1'r �iq . ; �' . {��2 bot�' �b"20 60�I G,OQ9 - 60'oA 6�i1; -_ _ _ ,� - �L�F3 " ��. � n0�0 ,�O�J7 "G a0n1 l0000 ^�51y �Ol- a � ,. j,c'�O . �'. , N ; , e - _ �. �:,_ 0 W /� � �� 1 � t� /� %/ ..._/ . •.�f i.I � s��i -- s9ao , e �.1 5i:1-73 �9.H,.n.-�? 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'S791` •w z78 �� 57<SC' � _ • ` �' r. . .: � � � 5 � 8 3 ��'', � �--.-.�. %��.' �. 5'bt �; � ;,� ��5�h�'' i �i F'r ' `; y �,� �' � � _ �' ♦ •� , . ,. i • .r..� . . ,t � ; � '/ �*7,, . 1�1', �3; ' "-' �1.�'j '33 '��•7�s ",t ��`,I 12�f�'° i.,.�! t'�� - -.,._.�. _ ..J� . �,_.�...�.r._ , !! �• �7, 1 � , .,. ��-:�' - i ��.s/' I � i 1 � �. 4 . ` i- ? r .� � � <. ,� � � �b 6.�' i . ;�° � ..- � 4 t � �. �.;,; � 'f _ . .- �'j i' , �' ,- ;� Q i � h , �' ;�- �� . � , ::� : u �. • .�- , ,.. � ' ., • ;'�"t.� , :, .�. --, . ..` r� , � .� . I��, . t; i, �.•' . ' ORDINANCE N0. AN ORDINANCE TO AP�E�dD THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or are within the County of Anoka and the City of Fridey and described as: Lot 2, Block 1, East Ranch Estates Third Addition, lying in the North Half of Section 11, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District known as C-2 (general business areas). SECTION 3. That the Zoning Administrator is directed to change the afficial zoning map to show said tract or area to be rezoned from Zoned District M-2 (heavy industrial areas) to C-2 (general business areas). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. P�AYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: May 8, 1978 First Reading: Second Reading: Publish.......: 11 11 A MARQUETTE STATE BANK ZOA #78-02 Items For Consideration Which Were Discussed at Public Hearing 1) Appropriate screening must be provided to satisfy district separation requirements and parking lot screening and/or landscaping requirements. 2) Landscaping plan must be reviewed by St. Paul Board of Water Commissioners and Fridley Administration. 3) Proposed driving aisles and traffic pattern to be reviewed in attempt to provide additional setback from property lines to driving aisles. � � � r ;� J .� `� y �y `a Y; '�i �� .......,._r � S' � �� f 4 � �'� ��i 1 I.k�� , L��+'.. Marque te State . •1 M �� ,� � , • . '7/ �J �� . , �b� 1 � �%��t �� . aj y �4 . -.. � !� ��+ . � �- 7 < � :J:=�'�''�;,�i � �"� �� r _:iV ��" .. -��..3 ` � .•rf•:4.C':�„1.j� � .� �;._, -,, , -`, � �, �r.:i � �. •. :.-; � , ''�= `i� ,�._:::� . `3/ f � -� l.yvt' �� , . & ; !. �',� /. F�i .'�_'��y� �is»�� ,� .. 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'- � _� • • • �.-� I :\� . �' . � 11 B '�li\ '7.� J _y . a�' �` I �� , . � � ��' , Z� �1 . . j �� C'Y � �� -=,, � �� t^'�: �� . � S� •;J a . �: � �� : � -� � i � �� v� �.r� / , 1 . ` � � '. j � ` ! • � i E � � � ' .' 4 �- � ,t � i' . . � � , , e - _. ,� M . EAST RANCH ESTATF.S 3RD AD�N. �P.S.'' #78-03 • ...�,..�•�....�..........,�...m,,,,,�.,„.,, ' ' � _..._.._......,,....�,_..,,,.-.............,,...�,..�..,,�..�..�,,,,,,,,,,,,...,,,,.,,, . ' • ; . ` �,.y��°v � �,� �.. t. t � ,,., ,�,. fs�, ; , ;..,,,, ; ...,, � rr� ; , � �� ` ( _ . . ._ �� .... � , � �;.!�� _ ;,� :F /j. v � � . % f` 1,. �i f FiIY�F . ff. r �,` , . �' O . . • " ' N . ��I ° � � u,, F---9 °" � � '�. N , . �� ' � , � , Q �.��°'' :.� �« ` w � .�3 . \ I V S 9 6 L,� � � `� ,'�; }rl i �, � \� , ^, �, r m� I 1 �IG 1 : � � � � ^ G t----,,t�l T . �' �c Q m { '� . � t—, � Q �o. �\ �•.\ GO'66' � � .� "o � .. �---�. � "� � `, __,�.. � . . . . ._ . _.. . . �, , . 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V , .. �, : . a " .+ . �93 0% Z � �, � �; i a.i _ .wi. _ ' i � i9 ;j ,j ' i � � �� ii ; _ _ M � .� i I- . •.�i�• _; rr� =•• .� •:; -- - — . _— _ ,AV�'-N.^--- --- — � � _ ,... ... . 73 RD.. _ . ,� . �. _ -- — • _ .-... wtK coANE .'«�-: -- —•.+.•.... � , . stz' u � ; 12B EAST RANCFi ESTATES THIRD ADDITION P.S. #78-03 Items for Consideration Which Were Discussed at Public Hearing 1) Proposed Lot 1 shall be xezoned to C-2S to conform to existing use. 2) Lot 1 will be attached to and placed on one parcel number for Frank's Nursery (Frank's Nursery presently uses Lot 1 for outdoor display). 3) Sanitary sewer easement will be pxovided for Lot 2 from the sanitary sewer lateral in 77th Avenue. 4) Grading and drainage plan to be submitted to Administration for review at time of issuance of building permit; specifically a means should be noted to retain/detain water on developments either through rooftop/parking lot/ponding retention. S) Provide additional street easement for bikeway/walkway purposes along south side of proposed plat. CITY OF FRIDLEY PLANNING COMMISSION M�ETING 13 MAY 3, 1978 CALL TO ORDER: Chairperson Har.ris called the May 3, �978, Plannin� Commission meeting to order at 7:44 P.M. ROLL CALL: Members Present: Members Absent: Others Present: Storla, Oquist, Harris, Schnabel, Langenfeld Suhrbier Bergman - Oquist representing; Peterson - Suhrbier representing Jerrold Boardman, City Planner APPROVE PLANNING COMMISSION P�IINUTES: APRIL 19, 1978 MOTION by Mr. I,angenfeld� seconded by Mr. Storla, to approve the April 19, 1978, Planning Commission minutes, Mr. Langenfeld said that the first paragraph on page 11�, the last sentence should have read, "Notiv that they are all joined together� I am sure the citizens will not let the City forget their exis�ence". Mr. Langenfeld indicated that on page Z0, the tenth paragraph, the last sentence should have read, "He said that the City should be cautioned to the fact that they did not tivant another 53rd & Cen�ral established in that area. �� Mr. Langenfeld said that he had �vanted pages Z5 and 26 typed. UPON A VOICE VOTE, all voting aye, the motion earried unanimously. 1. COI�iPREHENSIVE SE�,!JER PL1�N MOTION by Mr. Langenfeld, seconded by Mr. Oquist, to receive the April �9?8 Supplement to the January �973 Comprehensive Setver Plan. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Mr. Boardman explained that the initial plan tivas done in January 1973; however, because so many of the figures had changed, an update �vas needed. He said it was given to Comstock & Davis, Inc. for an update of the figures and to make the appropriate changes. He said that Staff had only indicated minor changes that they tivanted. Mr. Baardman said that the Plan basically Uras indicating that the City of Fridley had an adequate se4ver system to handle total development. PLANNING COMMISSION MEFTIPtG - P�11Y �, 1978 Pa�;e 2 13 q Mr. Boardman quoted the last paragraph on Pa�e 13, "In addressing urban storm vrater run-off problems in the area outside of the jurisdiction of the Rice Creek b'Jatershed Baard, the City of Fridley should develop and adopt guidelines vrhich will conform to the requirements of the y'Jater Resources chapter of the Metropolitan Development Guide.�t He said that Fridley was presently developing guidelines under the Critical Areas for runoff into the Mississippi River. He said that those guide- lines would regulate the quoted statement. He said that a statement would be added indicating vrhere the guidelines could be found. Mr. Boardman said that there were maps available that hadn't been included in the booklet that the Commission members had before them. He sho�ved the full-sized maps to the Commission. The first map u�as the Sanitary Sewer System in Fridley. The second map �vas the Sanitary Sewer System service areas. The third map was ��Condition C" that vras referred to in the Comprehensive Seti�Jer Plan. Ae said it indicated some boundary changes that had taken place to appropriately handle the sewer system. The fourth map (referred to as Figure 8) tivas of the Fridley Storm Setiver System. The fifth map (referred to as Figure 9? vras the Storm Setiver Districts. The sixth map (referred to as Figure 10) vras of the Flood Plains and ��Jet Lands of Fridley. Mr. Boardman explained each of the maps to the members of �he Planning Commission and they had an opportunity to revie�v each of the maps. Mr. Boardman said that each of the "Conditions�' referred ta throughout the Plan were explained on Page 5 of the CoMprehensive SeVier Plan. Mr. Boardman stated that the City of Fridley was considered a fully developed area. Chairperson Harris said that each of the members should read the Comprehensive Se1�rer Plan and it would be discussed at a future Planning Commission meeting. 2. CONTIPdUED: DISCUSSION ON ENERGY COMMISSION Mr. Boardman said that the direction from the City Council was that if an Ener�y Commission or Comr�ittee ��ras to be set up, then it tivas up to the Planning Commission to set up a format and establish what direction that the City should go �vith an Energy Policy. He said that a scope to operate under had to be establ�shed. PLANNING C�MMISSION MEETING - MAY 3, 1978 Pa�e 3 13 ,� Mr. Boardman said that the primary thing that should be accomplished �vas to try to put to�ether some policy or comprehensive report on v�hat the City could do for the people as far as �ner�y Conservation. Mr. Langenfeld said that 11Energy�' v�ras really a broad subject. Mr. Boardman felt that '�professional" people vrho tixrere kno��rledgeable in the Energy Conservation field should help comprise the future Energy Commission. Ms. Schnabel asked hoti�r many people �aould comprise the Committee on Energy. Mr. Boardman suggested that it be between five and eight people to serve on the Energy Committee. Chairperson Harris asked lvhat the direction v�ould be to the six to eight people that ti=rould be on the Energy Committee. Mr. Boardman suggested that the directive could be "��rhat the City can do to promote Energy conservation in Commercial/Industrial". '��`Jhat can the City do to promote the conservation of Energy in residential.�� iu�Jhat can the City do to promote Energy Conservation in the Pub].ic realm.+' Chairperson Harris said that the point should be reached where the City has an Energy Policy. Mr. Boardman said that the City of Fridley needed an Energy Policy that the City ��ill fallo��. r7r. Boardman said that the Planning Cammission should establish the guidelines for the Energy Committee. He said that the primary focus should be ti�rhat the City could do to promote energy conservation. He said that the Planning Co�mission should layout specific points that should be covered so that the Energy Commission ��rould have some direction as to �vhat to direct their efforts to. Chairperson Harris said that the first thing to be done tivas to decide on the eight people that 1�JOUld be on the Ener�y Commission. He said that an attempt should be made to have all the members of the commission residents of the City of Fridley. He said that the people from NSP and Minnegasco that are prafessionals on the subject, should be utilized as resources to information by the Energy Committee. Chairperson Harris and Ms. Suhrbier suggested people that they knetiv were interested in serving on the Energy Committee. Mr. Boardman suggested that it be advertised in the paper that the City of Fridley �vas setting up an Energy Committee. He said it �vould be indicated that anyone interested should send their qualifications to the City Planning Commission. PL�NNING COt�iMI �SION P�IF;�TING - MAY 3, 1978 pa�;e 4 ' 13 C P�Ir. Boardman said that the members of the Plannin� Commission sY�ould decide t��hat direction the Committee should actually go. MOTIOId by Ms. Schnabel, seconded by Mr. Langenfeld, to continue the discussion on the �nergy Commission. Upon a voice vote� all voting aye, the motio n carried unanimously. 3. RECEIVE COPR�-7UPTITY DEV�LOPM�NT CUI�7MISSION P�IINUTES: ADDTT 1 'I 1 �1�7 _ MOTION by P•Zr. Oquist, seconded by Mr. Langenfeld, to receive Community Development Commission minutes of April 11� 1978. Mr. Langenfeld said that he felt the presentation by Mr. �rno on the Tax Abatement Procedure and General State Ta� Structure �vas very interesting. P�Ir. Boardman felt that the most important thing he learned that the only true tax relief could be noticed by getting a control on government priorities. He said that Mr. Erno had stated that the only true tax relief tiTras getting controls on the cost of government. r1r. Oquist said that AZr. Erno had indicated that the main reason for property tax �vas to pay for government. He had said that the value of the house did not improve the services received by that property. He said it vras merely a tray to obtain more dollars to help pay for the cost of government. Mr. Boardman said that he had been very impressed by Mr. Erno�s presentation. UPON A VOICE VOTE, aIl voting aye' the motion carried unanimously. The minutes ti�rere received at 8; 45 P.P•1. 4. RECEIVE ENVIRONMENTAL �UALITY CONiMISSION P�IINUTES: MOTION by Mr. Langenfeld, seconded by Mr. Oquist, to receive the April 18, 1978, Environmental Quality Commission minutes. Mr. Langenfeld suggested that the Co�mission receive the Recycling Committee Report; ho�Rrever he asked that it be held until recommendations are received fror� the �nvironmental �uality Commission. Mr. Langenfeld referenced the c?iscussion the commission had on the "Non-Point Source Pollution Seminar!'. He said that at the next Environmental C�uality Commission meeting� Ms. Mueller of the M.P.C.A., tvould be sending ttivo 15-minute slide shovrs t�rith audio cassette tapes regarding the "Non-Point Source Pollution Introduction". He said that the meeting ti�ould be open to the Public and indicated to the P�anning Commission members that it tivould be an interesting presentation. PLANNTPIG COMMISSION MrETIP1G - Ml1Y 3, � 978 Pa�e �� 13 D Mr. Langenfeld said that he Uras most pleased ti�rith the Recycling . Froject Cornmittee. UPON A VOICE VOTE, alI voting aye, �the motion carried unanimously. The minutes were received at 8:56 P.M. MOTION by Mr. Langenfeld, seconded by P�Is. Schna.bel, that the City name an authorized liason to participate in re�ards to the Anoka County �irport reclassiiication hearings and meetings. Upon a voice vote, all voting aye� the motion carried unanimously. 5. R�CTIV� APPEf�LS COI�iMISSTON 2-'fINUTES• • APRIL 25, 1978 MOTION by Ms. Schnabel, secanded by Mr. Storla, that the Planning Commission receive the ��peals Commission minutes of April 25, �978. Upon a voice vote, all votin� aye, the motion carried unanimously. 6. OTHER BUSITtESS A. Minnesota De�?artment of Natural Resources, Forestry Division - fire tiveather conditions Mr. Langenfeld submitted a neti�rs release from the Minnesota Department of Na�ural Resources. The Netrs Release described four fire �veather conditions. He felt it involved the City of Fridley in regards to brush fires� ADJOURI�'vi 1EPdT MOTION by P�is. Schnabel� seconded by T�r. Oc�uist� to adjourn the Ma,y 3, 1978, Planning Commission meeting. Upon a voice vote� all voting aye, Chairperson H arris declared the meeting adjourned at 9:11� P,Mo Respectfully submitted, . MaryL e Carhill Recording Secretary ATTACHMENT TO Planning Commission Minutes ., . of May 3, 1978 � 13� -� � �+°�.�ts fJate to news editors and news directors: Following is an explanation of the terminology used by the t�1innesota Department of �datural Resources, forestry division, to describe fire vreather conditions. You may find this useful tivhen presenting news stories on fire conditions in your own area. Clear Status - The vegetation is green or the ground is snoti,► covered. If one of the other three stages is in effect and a soaking rain occurs, the stage can revert back to clear. Relative humidity is 40� or more. The ignition component is low. Fires will not spread or will spread slowly. Precaution Status - The vegetatian is�in a cured or transition (bet��een green and cured) state. The ignition component is moderate to high. Fires will spread presenting a hazard to rural buildings, plantations, crops, and human life. t�latch Status - The vegetation is in a transition or cured state (between green or cured). The ignition com�onent is high to very high. Fuel moisture in the dead fuels is low. Probability of strong Hrinds and/or low humidities are present. Fires are difficult to control, potential for damage is high. Warning Status - Tlie vegetation is cured. Live vegetation is approaching or �t thP wilting stage. Humidities less than 30�. There is a high probability of numerous wildfires. f�igh probability that when a Yrildfire starts it wi11 be extremely difficult to control without an improvement in the ureather. The probability for large fires of project proportions is threatening. CITY OF FRIDLEY APPEALS COMMISSION MEETING - APRIL 25, 1978 �3 F CALL TO OP,DER: ' Chairp�rson Schnabel called the llpril 25, 1978, Appeals Commission meetin� to order at �:36 P.M. ROLL CALL: Members Present: Plemel, Schnabel, Gabel, Barna Members Absent: Kemper Others Present: Ron Holden� Building Tnspector APPROVE APPEALS COMMISSION MINUTES: APRIL 11, 19� MOTION by Mr. Barna, seconded by Ms. Gabel, to approve the Appeals Commission minutes of April 11, �978. Chairperson Schnabel said that the first sentence of the last paragraph on page 5 should have the ��rords, "due to the close proximity of the garage on the property to the North" added at the end of the sentence. She said that the reason for the addition l��as because she felt the minutes tivere unclear and people may wronder �vhy the Commission was so concerned about urindotiwrs on the North side of the house. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 1. CONTINUED: RE�UEST FOR VARIaT��CE OF THE FRIDLEY CSTY CODE, SECTION 205.053.4.A. TO R�DUC� TH? r-7INII�iUP�1 �E!�UIRT�'MENT FOR A FRONT YARl SETB�ICK FROh� F�ET TO 1� �'J�,T TO ALLOh'J THE CONSTRUCTION 0�' A D'�9E AND GARI�GE ON LOTS 5,� , 7, �, 9 i 10, t�ND TH� ':l �ST 1 r EET OF LOT 1 1, BLOCK 8, SPRIi�?G BROOK PARK ADDITION � EXCEPT `�`II!��' P�RT LYING NO?�'?-I AND �"IEST OF TI�E CENT'�R LI1d� OF SPRII�TG BI�OOK CRE �K THE SAi•7� B�,I1�1G 4- 5 LIBERTY STR�ET 1�1E, r RIDLr�Y, i��N. R��UEST BY SAMUEL C. DAHLBERG, 1120 80th AU�NUE NL, MINNEAPOLIS, MN 55L�32). The Public Hearing tivas open. Mr. Samuel C. Dahlberg, Mr. Terry Hoffa of 41�7 Longfellow Street, Randy & Charlotte Hoffa of 8000 E River Road, Doug Linquist of 45� Liberty Street, Larry Mishot�rer and Patty Chavez of 440 Ely Street N�, �vere all present at the meeting regarding this item. Mr. Holden sho�ved the Commission a topographical map of the exact location. He a7.so sho��ed them a set of house plans that Mr. Dahlberg planned to build at that location. APPEALS COMMISSION TR�ETIr1G -�1PRIL 2�� 1978 Pa�e 2 13 � Mr. Holden explained how the house would be situated on the lot if the variance tivere granted. Chairperson Schnabel asked if the pl ans vrere exactly what Mr. Dahlberg wanted to build on that property. Mr. Dahlberg said that the plans were of what he vranted to construct. He said that the rear of the house vrould be concrete and block. He indicated that from the front the house would be one story and from the rear it tiRrould be three stories. Mr. Plemel asked if the house was being built on a speculative basis. Mr. Dahlberg said that it was presently speculative, but that he did have a prospective buyer. Chairperson Schnabel asked what the remaining 14 feet of Lot 11 would be used for. Mr. Dahlberg said that he planned to build another house next to the one being discussed. He said that the 14 feet from Lot 11 ��ould be used for the driveway of the second hous� Chairperson Schnabel asked if there �;�ould be anything to consider regarding the creek. Mr. Holden said that as long as the flo�xr of the creek vrasn't altered; as long as he stayed in excess of 50 feet fror► the center line; and he tivas out of the flood plain, there ��ouldn't be any problems tixrith the creek. Chairperson Schnabel asked if Staff had made any other determinations regarding the property. Mr. Holden said that full soil borings and tests vrould have to be made before the building permit tivould be issued. He said that the house had no effect on the flood plain and it tivould not effect the creek. He said that other than the removal of some trees, the terraine would be basically the same. Chairperson Schnabel explained to the neighbors present vrhat Mr. Dahlberg �aas proposing for that particular property. Mr. Randy Hoffa asked hotiv many square feet the proposed house vrould be. Mr. Dahlberg said that the house �vould be 1,050 square feet. He explained a fetiv of the points of the house including the proposed roof line. 11.PPPALS COt�It�IIaSION P�IEPTING - I�PP,IL ?_�, 1978 Pa�e 3 --�-- 13 r� Mr, t•Zisho��rer asked ti��hat the selling price would be for the proposed house. Mr. Dahlberg said that it vrasn't exactly set� but that it would be approximately �80�000. Mr. Randy Hoffa asked if the house could be built �vith no variances granted. Mr. Holden said that it most likely could still be built. He sho��ed them on the map approximately ti�rhere the house vrould be situated and hov,r it tivould appear. He said that they ��ould have adequate room but that it �vould be better located as far from the creek as possible. Mr. Randy Hoffa said tha.t he still felt as he had stated at the previous meeting. He ��ranted any further construction to be studied very carefully by the ��ater and seti�ier people and to consider �vhat effect it t�rill have on the neighborhood to add anything more to the already existing tivater and se�ver lines. rir. Randy Hoffa said that it �ras hard to envision that ttixro houses could be constructed in addition to the already existing houses in the area. He said it ti��ould have to be the City's responsibility should any damage or overloading of the se�arer/ti�rater lines result from the allotiring of the future building in the area. ' Mr. i�7ishoti��er did not tivant the City of Fridley to allow any exceptions to the codes. Mr. Linquist said that he didn�t have anything to add to trhat he had stated at the April 11th meeting. He had been in agreement vrith the other neighbors that they did not <<rant any variances granted on that property. Chairperson Schnabel explained that in any City Zoning Ordinance there �a�as an l�ppeals proeess to request variances from the Ordinance. She said that there ��rere circumstances that could come up that people vrould need variances. She said that there was alivays an appeals process. Chairperson Schnabel indicated that the City of Fridley tivas, in terms of residential property, approximately 95/ built. She said that tivhat tivas left tvere the unusual pieces of property. She said that in order to use that property and not lose it on the tax roll� it i�ras sometimes necessary for the City to grant variances Mr. Hoffa asked tivhy the City felt it had to build up to 100/... APPI�IIL� COMi�II �SION MP?;TIPdG - APRIL 25, 1978 Pa�;e 4 13 � Chairperson Schnabel explained that the main point tivas that as lon� as land �vas available� people ��ant private homes. She said. that land really vras a prime item. She indicated to the audience that the lot in question had been a platted lot for many years. Mr. Hof�fa said that even though there rras adequate square footage that ��ould indicate that the 1ot tia�as a buildable lot, a majority of that land ti�ras not buildable land. He said that most of that lot was located belov� the hill, �vhich 1�ras unbuildable land. Chairperson Schnabel said that there was a Zoning Ordinance and the Appeals CoMmission had limited authority in vrhat they could act upon. She said that the Zoning Ordinance could not be irritten to each specific lot. She said that it had to be more generalized in nature, so that it only addressed the square footage of the lot and not to specific instances. Mr. Hoffa ti��anted to kno��: i�hy more houses should be added to that neighborhoodo He said that the codes ��rere set up to limit cro�rding and to prevent certain types of situations. He said that the neighborhood did not ti�ant the crotvded effect that the house tivould pose. Chairperson Schnabel explained that the codes `vere basically designed to protect the health, safety and vrelfare of the people. Mr. Barna asked hoti�r the setixrers �rould be handled in the proposed house. Mr. Holden said that the main level and first basement ti�ould be taken care of by the existin� seti��er system. He said that the second tixralk-out basement vrould need a sump-pump. Mr. Linquist and Mr. Hoffa referenced another house that �vas located in the neighborhood that �aas an ��eye sore��. They said that variances had been a1lo�ved for the construction of the house and some of the variances rrere never lived up to. They said that the house tiras not functional as a r�sidential house. -They said that the house tivas noti�� ren�al property and the neighborhood did not ti�rant another experience like that one. They did not rrant any variances granted on the property ot�med by Mr. Dahlberg. Mr. Linquist felt that t�ir. Dahlberg had other options for his property and he should consider them. He said that 1�1r. Dahlberg could utilize all the lots he oivned and place one house on the entire property rather than trying to squeeze ttivo houses into the area. MOTION by Mr. Barna, seconded by Mr. Plemel, to close the Public Hearing. Upon a voice vote� a11 voting aye, the motion carried unanimously. The Public Hearing was closed at 8:28 P.I�1. APPEALS COMMISSION Mr �,TING -�1PRIL 2�, 1978 Pa�e 5 13J Chairperson Schnabel felt that the neighbors had many valid. objections and she tivas trying to keep all the arguments separate. She said that the Appeals Commission was only handlin� the request for a variance of the Fridley City Code to reduce the minimum requirement for a front yard setback on Lots 5,6,7,8,�,10 and the �rrest 16 feet of Lot 11� She said that a future house planned to be built by Mr. Dahlberg kept coming up in the conversations and she explained that as an Appeals Commission they did have limited authority and they could only act on the requested variance. She said that the variance request �vould go onto City Council and they did have more authority to act on these requests in addition that they have legal counsel which the Appeals Commission did not. Chairperson Schnabel said that she had mixed feelings on the issue because the property had been platted vrith the intent that they would become home sites. She felt that ti�rhen the lots ti�rere platted she would have questioned the advisabili�y of accepting the plat. She said that someone should have been in that area and should have looked at the property and assessed if that tivas actually a buildable site. Mr. Barna said that his main concern was �x�ith the steepness of the lot and the fact that the majority of the lot was at the creek level. He said that he couldn�t imagine situating the house on the edge of the sand hill �vhich vras on top of clay ZxJhich was mavable. , Mr. Plemel said that the request �ras for a variance of the front yard setback and considering the number of feet involved, he didn't feel it would be objectable. He said that if the soil borings indicated that the land �rould support a house, he did not object. Mr. Holden said that Mr. Dahlberg �vould have to hire someone to do the full core boring sample and pressure testing before the building permit tixrould be issued. MOTION by Mr. Plemel, seeonded by Mr. Barna� that the Appeals Commission recommend approval of the request for variance of the Fridley City Code, Section 205.053,4.,A, �o reduce the minimum requirement for a front yard setback, from 35 feet to 18 feet, to allo�v the construction of a dtivelling and garage on lots 5�6�7�8�9�10 and the tivest lb feet of lot 11� Block 8, Spring Brook P ark Addition, except that part lying North and !'lest of the center line of Spring Brook Creek, the same being �-65 Liberty Street NE� Fridley� MN tivith the stipulation that full bore soil testing be done before the building permit vJOUld be issued. UPON A VOICE VOTE� Mr. Plemel, Ms. Gabel� and Ms. Schnabel vating aye; Mr. Barna voting nay; the motion carried. Chairperson Schnabel said that the item �vould go to City Council on M ay 8, 1978� �iPPr1�LS COMt�IISSION MEETIPIG - 11PRIL 2�, 1��8 Pa�;e 6 13 K 2. RE�U?�� ,;�: r� ,; 11RI!1NCT OF THE FRIDLEY CI Ci: T1IE �I U�� YAP,D S1;`i�?3.'1CK C1P�1 TII?:; R�?�UI:,�?D 17.5 ]?:':,I�T t51{UUY� V 1i;:1 IiJ'J1'1'1V1'I 1 FRIDLEY, P�II�� RE�UE FRIDLEY � I�N 55432) . F� B r�,.� i_ ,.c S�'a�t: ; . CT;�,:) OI1 PI�I;`.P UI' � ;zri�� 7 c��arlrl GLLI�t RI DGLEY � TT8 SI:CTION 205.0 `l'P,-;,�T SID� UI�' T':? i�,rl' . `I'0 ALLO'.�J CHANNEL ROAD NE, MOTION by Mr. Barna, seconded by Mr. P1eme1, to open the Public Hearing. Upvn a voice vote, all voting aye, the motion carried unanimously. The Public Hearing tivas opened at 8:5Z P.M. ADT'IINISTRATI�JE STAFF RE�'�RT A. PUT3LIC PURPOSE SERUED BY RF�UIR�2LNT: Section 205.053 (t�B,Sa) requiring a side yard 1ridth on a street side of a corner lot shall be not less than 17.5 feet. Public purpose served by this requiremerlt is to maintain a higher degree of traffic visibility and to reduce the t'line of sight�� encroachment into the neighbor's front yard. B� STATED HARDSHIP: (Taken from Application) "There are trro reasons crhy I am appl.yin� for this variance: 1) The house is situated on the lot in such a manner that a free standing garage �lithin ordinance limitations could not be built vrithout destroying the beauty of the lot. 2) The single car garage no�r attached� could not be enlarged within ordinance limitations ti•�ithout causing other problems in the house that ti��oula be undesireable; such as inside lighting and tying in the roof lines," C. ADI�IINISTRATIVE STAFF REVIE'�'l: Field measurements shoi�v a boulevard of about 17 feet an the north side of the property. The proposed garage v�ould be approximately 21.5 feet from the curbing on 68th Avenue. Several Pine trees near the property line tivould have to be relocated or removed. The petitioner feels that alternative plans, such as for a detached garage or adding to the existing garage, yoould not fit into the building's appearance or structure. Mr. Glen Ridgley tivas present at the meeting. APPFALS COMMTSSION MEI�TING -�1PRIL 25, 1978 pa�Le ? 13 � Mr. Ridgley indicated on a dravring exactly tivhere he �vanted to construct the �arage addition. Iie said that he planned to build out ten feet from the exi�ting garage and enclose the five foot overhang to the front. He said that by so doing he ti��ould basically be squa.ring the house. He said there 1�ould no lon�er be a jog bettiveen the house and garage. In anstiter to a question by Mr. Plemel, Mr. Ridgley stated that a con-tractor ��rould be doing the rrork. Mr. Holden suggested that P�Ir. Rid�ley rnaintain the hip roof line of the house. Mr. Ridgley said that he tirould talk to the contractor. Chairperson Schnabel asked ti�hat he planned to do �rith the existing evergreen trees, P4r. Ridgley said that of the five evergreens he ti�rould leave t��ro and remove three. Mr. Ridgley said that adding onto the existing garage in the proposed manner �ras the best solution. �Ie said they l�rould be able to keep the existing lines of the house and ti�rithout totally ruining the useable yard ar e a. Mr. P1eme1 said that there v�ouldn't be any visual pollution or obstruction to traffic. MOTION by Mr. Barna� seconded by P�s. Gabel� to close the Public Hearing. Upon a voice vote, all voting aye, the �notion carried unanimously. The Public Hearing �ITas closec� at 9; OL� P,P�I, Mr, Plemel said that he did have a hardship, that being only having a single garage. Mr. Barna said that he savf no problems and had no objections. Ms. Gabel said that she tivould rather see people enlarge their garages and have places to keep their vehicles and other items than to leave them on the streets and in the yards. She had no objections. MOTION by Ms. Gabel� seconded by Mr. Earna, to approve the request for variance of the Fridley City Code, Section 205.053,4,B,5,a, to reduce the side yard setback on the street side of a corner lot from the required 17.5 feet to 4.5 feet, to allo�r a garage addition to be constructed� on part of Lots 16 and 17, Brookvietiv Addition, the same being 6876 Channel Road NE, Fridley, MN. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. IIPPEALS COP�IMISSION M�rTING - APRIL 2�, 1�78 Pa�e 8 13 �+,� 3. CONTINUED: Election of Chairperson and Vice-Chairperson Continued until a1.1 members of the Appeals Commission ��rere in attendance.� 4. fJ : PARK. THE BEIT�lG ��1 -2; STP,1 �T :��, FRIDLI�Y, t•1iJ. EST BY SAPJDY OVETd� 5821-22 STREF�T PdL� FRIDLEY� rsrl 55432) . Continued until the next Appeals Commission meeting. ADJOURNMLTNT• MOTION by Mr. Barna� seconded by Ms. Gabel, to adjourn the April 25� 1978, Appeals Commission �eeting. Upon a voice vote, all voting aye� the motion carried unanimously. The �eeting vras adjourned at 9:10 P.M. Respectfully submitted, . Maryl e Carhill . Recording Secretary � � � - -`- �- � ` ,`- -' � ` + N ~ _ _� ' — _�_ . � --f_ '_. � �� -- t� �- Y___ � ' ✓ ti.. �� ,, —ti=— ,, __� _ __- ; -� : _ . Samuel llahlberg l3 t� � " ',� N;. -,3�v �'Na r� � t _� •. ��_., „ � � _ _ 465 Liber y St. NE F----- --- J �, ;�—: �-�-_ - •_�� _,_ - L � h �: � �.�., . O - � "`_ �-- -� _i _3= ,�, . .. � /� � ; � � _ >_ A- • .. � Q •• = . , •, . � -! - L�; �_A -`- _' ' . __i'_ � , `� / , .♦ y � r > � i__ . . , �. , � � -�-- � y -i �- "'� � _ � �'' +�t#� ' ►� : , • . � — t-- r ;,;-?--, `r,--- ; i � , GO `� • y � , . i e - i-= __� -� �--1; � _ : i � � . e ,�P , . � . � i : � -'-- � � �`' ? , � i ° �" / .J . � `� . �,^ ,i` i � :c - - — -- � � A� " � �p 9�' !. �,A� * � ✓� �. � Y� � • ^ � -�� t �� '!Lv � + -� � � y.� �'. o. s � l � . � ,�� y�� ,/ y'.. ... 'a y ` �.: . 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C +. � � �� // i � �-� T N= �t� _ _�� / � i �� ,�i� r�" . . � ; �ss �lBfR7j' sr�ifi-uKe • c�•��cu 7 . _.. _Yf"__ . ---_:_-:.__. . . ��. - � --�--- . . .: _. � -- . � AV E . ��N SCJIEic _ '__""" " _ _' �_fj�'__—" ♦ .. �Y A .1 J.__�.._._u_.__'�.._�.."_"_._...__.'�. ... _'... —�. wIMrPSin � M.�� _..a1M , DSG 2 ' .l P ' / �NV � f�5 � � _._'__'_. _" '. __' _♦ ".�--_� �"_'—_.�._� �.---'�..� .__ _ _.. .. .... _ .� �-� �._. 6Y -_ 1�3QB COl.1lVTY RDAf7 '� E'�!�?� �`�'�i�� r��rvt�+enAO��s�r nnir�i��:soTa, ��n32 �.�,�.�'�� Ca"�99C. �wor�c: ��2-�ea-e3a�' • �4� t 8 D: %C'#A�I.� I)[SICN BY _. • - -_- -.- _ _. (G :ONt3U1T'�NC� FNGIi.IE[RS L'„ l.ANO f3UpVF•YC�R!� AP�'ROVED 6Y ^ p.. i � 1.� � i'his is in reference to the request for a vari�nce on property located at 465 Liberty St. NE. The request is for a variance of the Fridley C3.�y Cade� Section 205.053, 4� A by Samuel C. Dalberg. UJe have declded to submit some of our objections and ques�ions to the matter bei'ore the council meeting to minimize time at the meeting. . Our main objection ta allowing the variance requested by Mr. Dalberg is that he is trying to squeeze two hauses in an area that we be�.ieve is best suited for one house. Even though the variance request pertains to only one lot, we feel that the second house should:n�t'be�ic�nored. The small dead—end street has, we feel� maximum frafFic on i.�E already. If ther� is to be any more resa.dents on the street, there must be a cul de sac nut in to help accomodate the added traffic. 7he actual building space on either lot is quite limited even thouah the syuare foota.ge gives the illusion that�th'ere is ample space for two houses. The steepness of the bank and the point where the land clrops off on both lots are very limiting factors as far as any building is concerned. There tvould be virtuall;,� no yard for either house. :Ve reaJ.ize that Fridley is close �0 95°o built and that the remaining Iand is odd—shaped. However, as existing resic�ents of the area� it is important to us -�hat our houses are not in too close proximity. This is, after a11, a desir— able aspect of tiving in a suburb rather than in the inner—city. Two houses would definitely ereate over—crowding. The second house (no� the one in question) would be practically in Mr. Hoffa's back yard between his house and his garage. This may no� be a relevant point but if �;ariances are granted on the first house, there are no building codes that we are aware of that would restrict buildinc� of the second house. Irle i'eel that Mr. Da].berg has very little hardship cause to request th,is va�iAnce because he does own both lots and a house could probably be built without variances on the combined space. Thare are other considerations of less importance,,but nevertheless, valid. ihe soil is sandy. �Yith the building that Mr. Dalberg has proposed� a good deal of trees� substantial in sizQ� will have to be removed. They are what is hold— , inc� the soil to the side of the bank. If they are removed� rvhat will be the eonsequences and who will be paying for the consequences--the reeidents, the � city? Mr. Dalberg is not c�oing to be moving into �he house he wants to build. He will be long gone if there are any da.mages to property. There H�as a house built at the other end of Liberty in '1974 (79�J8 East R�,ver Rd.)--one that was granted four variances in order to be built. The main argument for building the house �here was:thfi.t'the' buy�r'was_getting�'a ].ov�—interest government loan and wanted to live in the suburbs. 7he house r�as built� without garage� completely ignoring the recommended placement on the lot. There is now no way�a garage can be constructed; the original buyer is no longer living there; and it is our understanding that the people living in it are renting. EVe do not �vant a repeat of this: two more houses with no �, yards and probably a lacic of buyer desirability. The minutes from the two appeals cornmi�sion meetings seem to be missing a few details. There is no reference in the Apri1 '11th meeting to the cul de sac proposal. Such a proposal �vas made. �='� All of the commission members who.attended the meetings had come out to � check the lot in question w ith the exeeption of Mr. Plemel--who was not • ' present at the April '1'1th meeting, and who referred to Mr. Dalberg as "Sam." Mr, Mesho�resrP�asked Mr. Plemel iF he had seen the area. M�. Plemel replied that he had not. Mr. Meshowe��said that he thought that before making a decision on anything he should at least see the lot in question. That is not in the minutes. Chairperson Schnabel made several references ttt both meetingS to the fact that when �he area 4vas platted, it was done so.with the intention of 6uilding houses on i�. How can this be true 4�hen it was platted in 1��2 before Fridley was probably even thought of7 Now can this be true if the plat was accepted in 1965 before existing building codes? � The skeicches tha� �Ar. Dalberg presented at the f irst meeting 3nclude.20 feet of h9r. Hoffa's land. If ��Ar. Dalberg is willing to stretch �he tru�Ch to c�et the variance, will he build the same kinrl of house he proposed at the meetings? We think it is important .tf�at every council member see the lots in question before making a decision on the variance. The actual space looks a �r reat deal differently than any sketch could show. . , �� ,� L� ��'`� . \ �v� �t � � . . �`�� U ��-�Y �--.� � �3 �� C �... �. n D. / `, � � 1 �• � �1 J,✓� 8�et`I . . �� 4 ��•,t��,,�o � �N � ,. ` V��' ll 13 (� u ly CATV COMMISSIO'� M�F.TI�1G CITY OF FP,IDLL'Y April 20, 1978 CALL TO OP.DER 0 Temporary Chairperson Kaspszak called the meeting to order at 4:35 P.M. MEAiBERS PRESENT: Edward ?�aspszak, Harold Belgu�a, Larry Chevalier, Burti Weaver (arrived later) MEMBERS ABSENT: Carolynn Bl.anding OTHE?tS PRESENT: Clyde Moravetx, Blake Balzart, Anne Davis, Peter Randolph, and Lee Steckman Mr. Kaspszak asked if there were any changes or additions to the minutes of the last meeting, March 30, 1978. Mr. Steck�an sCated he would lit�e to alnend a statement he had made at the last meeting. On aage 4 of the minutes he had stated that GTV Cable had passed approvimately 10,000 homes. He would like that sentence to say they had passed approxir�ately 8,550 residential units. Mr. Belgum asked if that included residences and apartments. Mr. I:aspszak asked i£ it should read residential units which would include both hones and apartments. Mr. Steckman agreed. Mr. Kaspszak asked for any more discussion about the change. MOTTON by Kaspszak, seconded by ChevaZier, that the March 30, 1978 minutes be approved as amended. • Upon a voice vote, all voting aye, the motion carrfec��unanimously. l. OLD BUSINESS: ' A. G.4TV Commission Semi-annual Revort Mr. Moravetz stated he thovght the Commission could use the �aorkshop article that Mr. Balzart presented in the Piarch newsletter as a semi-annual report. He stated it was promoting public access and local pro- grau¢nin�. The Commission would not.have to concern themselves with another report until the fall newsletter. Mr. Kasrszak asked if everyone c�as familiar with the newsletter. He asked Mr. Balzart to hand out the newsletter to the new members. Pa�e 2 CA"V COM'�(ISSIOi7 MEETING APRIL _20,_1978 14 A � Mr. Chevalier asked if the Commission was to approve the report. Mr. Kaspszak stated yes. This wculd be in fulfillment of the require- ment we have to make twice a year. Mr. BeZgum stated the report was not too encouraging. Mr. Kaspszak stated the report was factual. Mr. Belgum asked if Mr. Balzart was on this full time and asked how much time he put in on it. Mr. Balzart then e�:plained his duties to the Commission. Ae stated a portion.of his time was devoted to promoting public access. He stated he was basically in public relations with the city and part of that was �ublic access. Mr. Belgum asked if he knew how many hours per week he spent on promoting public access. . Mr. Balzart stated it was on an on-�;oing basis. He stated he is also active with the workshop. He stated he could not give him exactly the c�ours spent on it. Mr. Belgumi stated that Mr. Balzart and Mr. Scott are the ones to be doing the work. Ne stated that he had talked to '�r. Scott that afternoon and u;as informed that Mr. Belgum's son and his friend were tihe onl� ones �nterested in the workshop. Mr. Balzart stated that he thought there were probably a few more. Mr. Kaspszak stated that up until the past week or two the Anoka County Commur.ications td�rkshops has not really"been operational. He stated a recoramer_dation thaC Nr. Balzart keep a log of time spent on Cable TV. He su�gested that as part of our agenda, Mr. Balzart could give the Commissicn an update at every meeting. Mr. Moravetz and rL. Balzart agreed. Mr. Weaver arrived and was introduced to the Co�nission and guests. Mr. Kasnszak stated that the CouIInission was not so concerned with the hours as to khat was being accomulished. Mr. Balzart stated he also contacted the Fridley Sun newsnaper and have. encoura�ed them to publish a couple of articles. He stated whether there was interest out there was another question. MOTION by Kaspszak, seconded by Chevalier, to hav� the article as prepared in tiie spring newsletter be considered as their fulfillment of the requirament of tl�e Gommission's semi-aunual report. Upon a voice vote, aIl voting aye, the motion carried unanimously. . � p��c� 3 CATV COI�t1�SISSIQN MEETTNG APRIL 20, 1978 1L� � B. Discuss amendments to CATV Ordinance � Mr. Moravetz asked that the new members be �iven more time to review this. tJe should table it until the next meeting. Mr. Belgum asked which sections should be reviewed. Mr. Moravetz er.plained which of the ordinances would be proposed changed. They are 405.011, 405.051 and 405.116. Mr. Kaspszak explained to.the new members the proposed ordinance �hanges. He stated we can handle the background on these in tk�o ways - we can schedule a meeting for discussion or we can have Mr. Moravetz capsulize the reasons for the ordinances being discussed at all and h;ve him give a history of the changes and the fact that the Council in its wisdom decided nat to implement the changes. Mr. Belgurm stated he would be in favor of that. Mr. Kaspszak stated we could then have a meeting after Mr. Moravetz had capsuled the background, etc. Mr. Moravetz stated he would be ha.puy to do this and will send it out to the new members and then we can discuss it at our ne.xt meeting. Mr. Sdeaver s�ated he would like to have Pir. Morav�tz cansule it and discuss it at the next meeting. Mr. Kasvszak stated there was no urgency and it could be put on the agenda for June oX July. Mr. Steckman stated he would like to have Mr. Moravetz send him a copy also. Irir. Moravetz agreed. C. Interfacting of CATV Commission with Anoka County Conununitv Workshop Mr. Kaspszak asked what Mr. �Soravetz meant by interfacing. Mr. Moravetz stated Mark Scott had suggested that. Mr. Moravetz's interpretaticn is inter-xeacting between the two. Mr. Kaspszak stated he would like to see either Mr. Ptoravetz or Mr. Balzar� attend all Board of Directors meeting of the workshop. Mr. Moravetz stated that he and Mr. Balzart are already on the Board of Directors. He is Vice President and Mr. Balzart is coordinator. Mr. Kaspszak asked if it was possible for them to do that. He sees it as a possible conflict of interest. Mr. Moravetz stated he did not see if as a conflict of interest. rir. Kaspszak explained some e.ramples of how it could become a conflict of interest. �� Pag,e 4 CATV C0�(ISSION t'�FTING APRIL 20, 1978 ____ Mr. Moravetz stated he� could noC vote on w}iat the Commission does because he was.a staff person.nnot a Commission member. Mr. Weaver suggested askin� for an opinion from the City Attorney and then swing with his recomanendation. Mr. Moravetz stated he would get an opinion from the attorney and report back to the Co�nission. Mr. Kaspszak moved that *ir. Moravetz contact the city attorney and explain the situation to him. He suggested getting a�,rritten opinion from him as to Mr. t�oravetz's and Mr. Balzart`s participa- tion with the workshop, both in terms of legal and ethical stand- points. Mr. Weaver seconded the motion. Upon a voice vating, all voting aye, it was unanimously agreed. Mr. Kasnszak suggested that, otl a rotating basis, one member of the Commission attend everv Board meeting of the workshop. Then the Commissien member could report back to the Commission at the next meeting and extend an invitation to the workshop to attend the Comnission meetings. Mr. Belgum asked if Mr. Balzart was going to be a trainer at the workshop. Mr. Balzart stated he would be serving in a promotion capacity. *Sr. Belgwn asked if the student body got big enough would he be a trainer. Mr. Ba.lzart stated he would. Mx'. Kaspszak asked if there was any more discussion. i1r. 3elgum asked Ms. Davis if public access elsewhere is connected with the Board of Education. Ms. Davis stated in other locations the educational institutions are doing programm.ing. Mr. Relgum stated he had discussed this with Mr. Hanson asking if the relationship between tlle schools and Cable TV could be exam�ned. Mr. Kaspszak asked what Mr. Hanson's opinion was. Mr. Belgum stated he did not want to be quoted on this but he stated I�ir. Hanson had sa�d if a new start were being mad� then he would like to be informed of it. Mr. Chevalier stated we could work towards something like that and he would be �si.11in� to get involved. He would like to see the Commission move back towards this direction. 14 C I Pa�e 5 CATV COMMISST.ON 1'fEETIhG N'RIL 20, 1978 l4 D Mr. Weaver asked if it would be appropriate to get ahold of Mr. � Hanson and have hi.m attend one af our meetings. Mr. Kaspszak stated we should wait to see what happens with the workshop. Iie requested that Mr. Weaver and Mr. Chevalier bring Chis item up at the workshop meeting tiiis afternoon and see what their reaction i.s. Mr. Moravetz aske<1 if the members had time to review the articles and bylaws of the workshop and if they wanted to study it before the Commission got involved with the workshop. Secondly, not to get the two confused. Mr. Kaspszak asked Mr. Moravetz along with his letter to the attorney to ask him if he foresees any conflict with the any Commission member becoming members of the workshop. Not that we are goin� to do this but if it comes un sor�etime in the future they could ask us, for example, why don't you people join the workshop and we can answer them. Mr. Moravetz stated the new members could call him any time if they have any questions. D. Elect Chai.rman of Com�rission Mr. Kaspszak stated the next item on the agenda was to elec� a . chairman of the Commission. Mr. Belgum moved that Mr. Y.aspszak be elected chairman of the Commission. Mr.Chevalier seconded the motion. .Lipon a voice vote, all voting aye, it was approved. Mr. Belgum asked if the Commission had any �?oney to spend. Mr. Moravetz stated they had $6,100 allocated this year and we have spent approximately $1,500-2,000. One thousand of which was attorney fees. Mr. Raspszak asked rtr, Moravetz to submit the budget of last year and to inform the Commission where we sit currently. This will be put on the next agenda. It �aas then discussed a meeting date for ne�:t month and it was decided rlay 18, 1978 fiThursday) at 7:30 P.M. would be the next meeting date. Mr. Weaver asked what the fiscal period was. Mr. Moravetz stated January 1 to December 31. He stated he can have a copy of the operating statement at the next meeting. Mr. %'eaver asked if Mr. Moravetz wanted the budget by May. Mr. Moravetz stated yes that it would be the Commission's request ' and he would then submit it to the City rianager for review. Page 6_ CATV COMMISSIOPT MT:ETZNG APRIL 20, 1978 � 1<< E Mr. Belgum asked if we could compare budgets from other cities with ' ours to see what they are doing with public access. Mr. Moravetz suggested that maybe a Commission member could research this . , Ms. Aavis was asked by Mr. Kaspszal: to give Mr. Belgum a list of contacts f.or him to call. Mr. Belgum said he would do this. Mr. Moravetz stated this could be put on the agenda for the next meeting and Mr.�Belgum could update the Commission. Mr. Kaspszak asked Mr. Moravetz what paint in ti_me will we deal with the editing issue. ?ir. Moravetz said anq time the Cor�nnission dasires ta proceed. Mr. Kaspsak said we could put that on our agenda for the May meeting and we F�ill have to star� from scratch because of the new members. ADJOURNPiENT : MOTION by Kaspszak, seconded by Weaver, that the meeting be adjourned. Upon a voice vote all voting aye, Chairman Kaspszak declared the CATV Comm�ission meeting of ?,pril 2d, 1978 adjourned at 5:40 P.�7. . Re . tfull ,, submi tedi � a i�� Gayle Go en Recording Secretary a 0 0 l4 F FRIDLEY POLICE CIVIL SERVICE C4T.�MISSION MEETING MINUTES APRTL 27, 1978 Present: Tim Breider, Jean Schell, Elizabeth Kahnk, Director James P. Hill. The meeting was called to order at 7:07 P.n4. by President Tim Breider. The minutes of the February 7, I.978 meeting were approved as read. Tim Breider indicated he had received a call concerning a probationary police officer appealing his dismissal to the Commission. He had answered that this is possible, but it is unlikely that the Commission would give the person much satisfaction, since he can be dismissed without cause during probation. Tim Breider also received a call from a Springstead representative concerning the Springstead report and questioning the feasibility of Fridley entering into joint recruitment with other County agencies and using the Joint rules and regulations. Mr. Breider questioned the representative as to whether the Joint County system would defend any law suits in regard to their rules and regulations and their answer was no. Mr. Breider advised the Springstead representa�ive to contact the City at a later date. T4r. Hill advised the Commission members that the Anoka County Joint Law Enforcement Council has Springstead's written report and expects some action will be taken at their next meeting, which u�ill be in ��ay. He indicated that a lateral entry facet is also being considered. �Is. Kahnk questioned if the Commission had discussed these innovations in the past. hRr. Breider indicated that they had but that are hesitant to rush into the process because of having to follow the Joint County system's rules. Mr. Hi1Z reported that both systems have been recommended feasible, but that there would be no significant monetary savings. The main topic for that evening's meeting was brought to the floor, the establishment of a new eligibility list. Some of the problems in past recruit processes ��ere discussed such as the grip test and resulting suit and also the problem with a diabetic being rejected. Mr. Hill said the Hennepin County test for grip is incorporated �vithin the body drag test in that this test is done with one hand. He also explained that the Richfield Department submitted their process to the State Department of Human Rights before the test's use and any problems were detected by the State. r7r. Hill also explained that in one test, a candidate is given a revolver, his ability is observed, and also an officer attempts to wrestle the weapon from the applicant. n4r. Hill said he did not personally approve of of this �ype of testing. �2r. Hill indicated that our past agility test did follow the State guidelines, but he felt that too many candidates failed the test. It �uas the consensus of the Commission members to not follow the Richfield testing with attempting to obtain the weapon from the applicant. Mr. Hill explained with using the State guidelines in the last test, they found that the body iat require- (cont.) 1 �� G Civil Service Commission Minutes April 26, 1978 Page 2 ment and grip test portions were too difficult and too restrictive to pass (the commission waived the body fat portion when the physician's report okayed the hiring of an individual in excess of the limitations). Mr. Hill explained in the past testing process, the department's officers set the standards with the cut off at the third quarter down and the last man remaining establishing the passing score, as recommended by the State. Mr. Breider said it has been suggested that the City hire from c�tified officers only, since time is a factor. Also a factor is that five of our men have less than one year's experience at the present time. Mr. Hill explained that Columbia Heights and Blaine have both completed this type of recruitment. He said the City of Fridley has also done this once in the past. He felt that this type of process should not be done all the time, but occasionally. l�r. Hill said that advertisements would be placed in the outstate papers, St. Paul, Niinneapolis papers and local papers. He explained if the process of recruiting experienced officers is followed, the applicants will Y�e certiiied (completed the State recruit school) before they even apply to the City, and after they are hired, they will become licensed. Mrs. Schell said she liked the�idea of hiring certified officers due to the time limit factor. Ms. Kahnk indicated this to be a logical idea because there are currently five inexperienced officers. Mr. Breider agreed. A motion was made by r2rs. Schell, seconded by Ms. Kahnk that the following qualifications be established: citizen of the linited States; possess a valid :4�innesota Drivers License; no record of convication of a felony; hold current certification as a peace officer of the State of Minnesota with at least one year's continu- ;ous employment as a full time peace oificer in this State; complete two years of college or equivalent. The motion carried unanimously. It was mentioned that the proposed schedule of testing processes would be a problem. It was suggested by 114r. Breider that the Comrnission advertise this week beginning April 27, 1978, and at this time a two and a half week notice to respond could be given. Preliminary application �*�ill be accepted until 14iay 16th, 1978 and on May 17th, 1978, the Commission could meet and review the applica- tions. It was suggested that the written examinaiton cauld be set for June 5th, (b7onday evening} 1978. It was the consensus that the� remainder of the schedule �vould be determined at the n4ay 17th Civi1 Service Commission meeting. After some discussion concerning the grip test and stretcher carry portions of the physical agility test, it was determined that Mr. Hill «�ould research these standards and report back at the 9iay 17th, 1�78 meeting when a decision on these points would be made. (cont.) Civil Service Commission Meeting Minutes April 26, 1978 Page 3 Mr. Hill was directed to locate i�ndividuals to administer the oral portion of the testing and report back at the l��ay 17, 1978 m eet ing . Mr. Breider mentianed that Ms. Kahnk should arrange a time to ride along in a squad car. Ms. Kahnk questioned if it was the job of a Commission member to get involved in the officer`s work or were they to administrate. It was the consensus of the group that the Commission members are to administrate. �Is. Kahnk said she would come in for an orientation. A motion was made by DZrs. Schell to adjourn the meeting, seconded by Ms. Kahnk. Upon a voice vote, the motion carried unanimously and the meeting adjourned at 8:20 P.M. ftespectfully submitted, / =.�' Jean Schell Secretary JS/pr 14 {� 15 MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director DATE: May 10, 1978 SUBJECT: Utility Encroachment; 1411 Kerry Circle A.R. Potami Please be advised the Public Works Department received the attached correspondence pertaining to a request to approve an encroachment into a utility and drainage easement. A review by the Engineering Division and other appro- priate personnel indicates no objection to the encroach- ment. The property owner, however should be advised that in the event the easement is ever utilized by the City or other utility companies, the property owner is res- ponsible for removal and replacement of any items which may conflict with the use of the easement. � It is requested the Council consider this item at the meeting of May 15, 1978. RNS/jm 1411 Kerry Circle Fridley, Minnesota 55432 Ma.y l, 1978 Fridley City Council City Hall 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Councilmembers: I am enclosing a drawing of the lot at 1411 Kerry Circle in Fridley, Minnesota, and request that you approve of an encroachment of the utility and drainage easement on said property. The purpose of my request is to provide for decking surrounding an in ground swimming pool which will be constructed. Your favorable consideration of this request will be appreciated. Enclosure CC: Mr. Ron Holden 0 Sincerely yours, �� . �-�"__�.,.. ..:� A. R. Potami �� ,� -- 15 A . , �� y ' _ " � w. . I t p � /y � � ti � q zp i3z9 �•, : 1425 144J. : 14b� 1�491 t5� . , .- ,�- �3�s , .;-�' � -,J- :�-- :s � �- ,�s. �- �t� -� -�� ].5 B „� � ��.:..�o -f210E 24CR EEK ROAD .�p.i ToN AoD.- , __ . _ � ,. ��. � �. � ,�p < J�-r! 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J . � \ -�, \ ?� � � �, l5 C .. . . ---t' � , ,.\ � � �.. �� `�S 0 �� . � � � . -�- \ � . � \ - ��. � �a � . .. �-�- . �. ,� � .� . �, � . � . � ��_o_ � . � \ �o .� ' ., / � � � 8 � � ' � �z- .G o -`_ . - _ \ � . ° �s�__ p - '� -`— . : . �� . ,� a '�. 0� _� � _ rs�; . o� o` ------�-- � _' � �� \ �� . ,. v \ � �1� '�� \ -� — �\ , , � � � � �� . � �� . �,�� _ �,�'�� . � � � � � , � '�� %�/� -'.,� �� / / �/ / ,� � � ' � i i i i� �l � �` // - -'�,� " // �'�; i . . �/ �' /,! - .... , /� � . a �� i �� r _ �' . ;�� . �� a '`r l c� G� � r / �`, /: , :. 0 . ' �.' • !�` �zs. , � � . ` _ : j v � � �' '� ,�' ,�� '� � i� � % � • .' - •- r \ �/ Y % � ` �' , �'�. " :'i ' \ . ' i. � �� j � ;�- � � _ . �„ O - � �/�' / �. �.r � � � \ \ � � ,�' : .� : �� ' ' � ' � � . i i' _' � . ��/,� y � . -;• /'/ '�' � i' � r �� O��YN .9� � • � . , �' �� :/ . y' J/ p , o �'.h� � .� - ,G 3 � � } � 1� � � � �, , r / � �,� �' �s n �� .�c ��ci �� 16 MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Directo DATE: May 11, 1978 SUBJECT: Refund of Building Permit Fees; Wall Gorporation Attached please find correspondence from Fred Wall requesting refund of building permit fees for the previously proposed apartment project for Alice Wall Addition. Based on information from Mr. Wall, it was determined that the original building permit fee was $6,546.46. Of that original amount $1,586.59 should be retained for checking the original plans for compliance with the building code. An additional $1,200 surcharge fee was collected, however that was forwarded on to the State of Minnesota, therefore, we cannot refund that amount. As you are aware, we have issued permits for the Canadian Financial Corporation on the Fridley Housing Project, therefore it is requested that a refund in the amount of $3,759.87 by approved by the Council at the meeting of May 15 , 19 7 8. RNS/jm Attach. 1 �ItEDLRICK L. IdAL�, lII E32U0 Normandale BoulPVard Bloomington, f�i.nnesota April 21, 1y7� City of Fridley 6431 University A„e, N. E. Fridley, I��innr�sota 554�2 Attn: Rich�rd �J. Sobier.h, l�.E. Publ ic IJ�rks I>;.rer.tor Gentlemen: (�ursuant to th� �.-��±ructions 1 disc��ssions wztE-; ciLy ofti�i.�ls r.ertain prev;ously �aid r��s L� t'ollc�win� ��ct,.c-�n. Suite 423 55437 have recei��c�d �'��ri ng telephone rQn�rcli.nn my r.e^u�::t that r�turn�:d, T l�erE�hy request the l�l�ase ret�unc,�: �.�,'l�y.H'r t� c�� +:1��1 !:�r�or;,�ic�n f'c?r E:�rl.ier �,�„lc��.r;^ ;i��r��it;�. !'•:t your reque^�t, � r,�vr, -,^�,,�; �±r� s� c��t',i�r� .l �.nes fnr f�an��d; :n ii],f1Sf1C2?�. f?Ol1S?I'i� �.CTi^OT'�l# :CJtI �f!!j �Z7'_' �C?t? �.(3fiaj::^ , ';;',•rl !;r;frii =��1�� ^o th ,t �-;-;�; c=>n acic€�cta's�r:��>> t{-�^i: !-��^y� �r�� ;°r.r -.f tl;is n^t]cr"i,lU..^.- . � � 7hant< y�u fcr y��.�r cr�c,�.�r�t�.nn. Y au r�:�'�r u� , i �---� � . � ' / ..//!` � .. -�� '� �!� �� -- �.___-_ /� �� F r�: c� �! a 11 � 16 � cc C�.nadian I".i.n.�nc � a1 h'n�!sine Cnrn. '/^ �O� rOti � :)Il�t:'Ll[;t?O"1 �C. :1.��`�a= --,,.;:.....:_.—....,,.....r------=---. � �.'��,( �.t��(� � ; ! r,.i. � �`l. i.,U�y��j ��: , . GC'��LG7 C ;_ J�/,,.,��'��1�°`z'-- ...�^ /;�tJft-`;t?^! C;.NStRt';'T.'.OfJ L'[�. � �� CITY OF FRIDLEY PETITIUN COVER SHEET Petit io�� N��. 9-1978 Date Received Ma_y 10, 1978 object Petition expressing displeasure with the intolerable conditions of the gravel road running east and west from Silver Lake Road to Black Forest Apartments N. Innsbruck Drive an t e two mont wait is too lonq under the unhealthy and inconvenient conditions. Petition Checked By , Percent Signing Referred to City Council Disposition Date n l7 . .. �r� �.vvvs� ♦ v►��v�Irip �aVVi DGPVV LV rt1L rivnovr�svn� lOVl /V• . _- • It�nebrvGk Dr,, Apt. 161 would bo appreciated. t�y 8, i97$ 1� q A.�tent�on C�ti.�� p! NeW �r�ghton and Fridley and tho Darrell Farr 9�va�opm��t �ompa.nyt ' We, t�� undere��ad, ao reeidants of $lack Fore$t apartmenta wish to express our frustration with the into�.erable conditions of the gravel road running east and west from Silver Lake Road to Black �'A��st �lpart�nts (N. Innsbruck Dr. ). �ro months from now i.s too long to wait for these unhealthy, inconvenient conditions to be / / 1 �,j� �1�-eviated. ��2-�l � ��u��"��'l.L ,,'�1��!/ � � • �R��,� , �i C :,�L � � - ---'�,l�L. ��...[;�.'G I--��?.,i.,��'-.� `-7,��-- 'f C�?.c� ,.- 7 ��7�-� � !' . �� fu-C� t � �.� . � ��. � ��G✓�- j fl q i� ! % � }� _ c�_ c�,� , �.r�: �f�/Gt�_ ' _-t ' z , „' / � i �� .J'�' —'—'-�'",�. �,� � � � � � �' . ,--� N. �.v:r�--� 1�--- �'�.'�� Z�n,--> !; . � �G. �; , ! �� L ;�-� , r�- ^ � `�i�"a �� n�-�., `�r �-�� , /-°��.��..� L/ -� � U � � ��:�� " ��Y� � � �Ci/i/V�� yJ�y ��/�qn r ` �y) � �/' � ,/ 7 �. ' '`4 / � % I�+V�/'-�// W \ ,��'� i _ �� ' % C � � �`6J �/ V, ) � ' . A �� . ^ I �� ,� , � L - ��'� � �- o�%�-�- `-e- � � � � C� � ,. ��'�- _ ; J ` . � ' / �w` / � '` � '� � ,/J/ r� G � � � � �� i ' I�Ir �[�%<�!�,�%��,,..� � � � '� � � i� � / � /! .. .!-st..a-i�.� '�� - � � � �...�� .� t-u,� �'�� _ . � . �,''�t -�' �''�- � _ � '� f . � � , ^ • G �` � �`�''�`�~�R" � �-�1 � � �1��'�'� � . �' � � ��1 �. � '�c1�� ..�'�j `' l��t Qti��/ � (I , � �, 1' V�-�� , ��"'� / G _� � � � . 1}, ��-�� C,�,�1,�C .�� r��7�ti� �� .�� - � ;�- � �I � , � --.�--_-1 �, , , �, � ,, , \` � � �..�..��-+ � - � �- � � �-�� . �'1� �,R-�-�____ �'� �{��, G :�� -��^��^-1�'4'� _.. -. � _C.F-7�c. l �,. ,�.�,'�/ c�-�-� _ � �..:� `-� . � ` �� "/ , , �, /; .�,, . . __ , ; � �. �� ^'t - �^ ; � r � � ac� l, ��,�-.--.-,��„�„� l�'�,►�? � � �;�� `� � .� � , • �,..� � �l` � �r.-��'� . � � � �� _ � ��:�� . � . ,��s,��-� f � � / '%{..G"' Li7 r Cl� �' `�.��1� �� ^�'� -�it�'�� - � ? % � �' !� - � ,� - . � ��c ��cr�-.�;-' �..:z, . ' � r � � , �� y . , � �� -= � an�� . �= Y��.rr�-� /�� ,�.4J'�.l��:'�e,d_� ��, � �°C-.� �` , ,. � , �7,1 �y� � ,,�j'� ^,;�� „� � � �. , � �� j�� 1'��Ir . �� /r�-. �� .- � f ' • .. 11 3 . , � �� , �.� � �T . _ ��r � . � � �y''� . , , �-�,+ . �-�C�'�' . , '�1 r� � � � � . �-�- :��u �. __,. � � /'/ / /�� G'"" � ; (..�C l/IG- •;S G -� � �,- =� " v �� ---�✓ � , � n ��U . � t� t�`�'� `_ '�,` - ; �;,,�,� . -� � r{, �i� �._ `J « r. , ` �'L ; - � ��,,��, -�� t�� _��'�� '� � , �r �f-�� .�. �.�=� .. .,-� ,/ �, . n �.....�y.,u ,� �: �L.�7 f,'��`�- , � � � '� V. !�%�,_ i y^v.c� �,� �- - / �i� ' ---��`. � ; � , , ��,- % , � �(-�- � )'`:f (r/('`'```.'�'r ; � .� . r ;,, i/ � ��:� `qt ., � .I:./1 '�`�r � � �� . �� -- G�i''�-�,_ - ,,. � - � � _ _ _ _ - `�-'' y ,r.� _�= �-�- (.L,�-��. . �'�. �.�,,.�. `-je�� I�a.�� ' .� �� {�� —� � .� , , � � ' /'� • , < <, � �. . •, I /1 `v1 G f/'L_. � l � � ' , 1� ' - _... . - ._ - - ....�...._.._::._�.. �:,�._.__..._... _ .__.. -.. .: �,.-�.--•- �- �---- .........,,,,,.,,.,..... _ _ __ --�............... ...___.. M. __ .. . !� Consideration of Entering into an Agreement with Miller-Qunwiddie Architects, Inc. for Architectural Services and Construction Coordination for the Islands of Peace Activity Building THC CON7RACT IS IN YOUR COUNCIL ENVELOPE MEP40 T0: Dick Sobiech, Public Works Director MEMO FROt�: Jerrold L. �oardman, City Planner �4EM0 DATE: May l0, 1978 ME�40 N0: DSr�78-18 RE: Staie Outdoor Grant Project �greement � As you are aware, the original application that vre submitted to the Department of Local and Urban Affairs for trail development in Locke Park included both a North-South trail and an East-l�est trail. This application was approved and submitted to the City Council for contract approval. However, at our recommendation, the City Council requested that we modify our application to eliminate the East-West trail which is a regional trail that 4ri11 be constructed with regional monies, and resubmit our application for the construction of the North-South trail. This was done, and approval was received from the Department of Local and Urban Affairs. I will be submitting these contracts to the City Council meetiny of May 15, 1978 for final approval and signature of the contracts. The total contract agreement is for 538,000 of which the City will provide 60% ($22,800) and the State 40% ($15,200). The follo�-ring is a breakdovrn of funds that we have for the completion of the North-South trail. Department of Local and Urban Affairs Grant ..............$15,200.00 Bicycle Trail Assist;ance Grant (Septer�ber 29, 1976)......$ 5,000.00 City budget (match 1976 grant} ...........................$ 2,692.00 Total Grant monies & Local monies budgeted............$27>892.00 City funds necessary to match present grant ..............$15,108.00 The total amount of funds required by the City to complete the North- South trail will be approximately S 15,108.Q0. The funds approved by the Department of Natural Resources for Bicycle Trail assistance has to be spent this summer since they are in the process of closing out their books, ho��ever, the monies under t;he new grant are good until 1980. � -�,,,— � 19 STATE OF MINNESOTA STATE PLANNING AGENCY OFFICE OF LOCAL AND URBAN AFFAIRS l� DEPT. #30000 SEQ ��ID i' 3t� SEQ /�_�AID SEQ � AID SPA # ,�179 - —,----____ STA7E OUTDOOR FiECREATION GRANT PROJECT AGREEfbt�NT City of Fridley oR. 78T-4 local Unit of Governme�t Project Number Locke Park-Trail Anoka Project Title County Date of approval through 12/31/79 Period Covered by this Agreement PROJECT SCOPE: - The City of Fridley will construct a bike trail in Locke Park. Work will be done by contract or force account. Entire Project Stage Covered by this Agreement Project Cost The following attachments are hereby incorporated into this agreement: Total Cost $ 3g°OQ,�.O� 1. Grant Application Fund Support 40 9y 2. Temporary Rules fcr Administering Outdoor Fund Amount' $ � 5.2Q� _ �� Recreation Grants (Aug. 29, 1977) `Fund Amounr: This is the maximum amount of state fundr that shal! be provided on rhe proiPct. The State of MiRnesota, by its d2legated official, the State Planning A�ency, Office of LQCaI and Urban Affairs, ihereinafter referred to as "State"} and The City of Fridley (hereinafter referred to as "local unit") mutually agree to perform this agreement in accordance wiih Minn. Laws 1977, Chap. 421 and Minn. Regs. 10 MCAR §1.305, and the provisions contained therein. The following terms as used herein shall have the following definitions: 1. "Director" means Director of the Office of Local and Urban Affairs, or any representative lawfully delepated the authority to act for said Di�ector. 2. "Funds" means those moneys made availabte by the State under the State Outdoor Recreation Grani Fund. 3. "Rules" means the rules cited as Minn. Regs. 10 MCAR § 1.305. 4. "Local Unit" means the political subdivision of the State of Mir�nesota that is the applicant-recipient of the grant pursuant to this agreement. 5. "Project" means the planned undertaking for outdoor recreation that is the subject of this agreement. 6. "State" means the State of Minnesota, the Office of Local and Urban Affairs of the State Planning Ayency, which administen the State Outdoor Recreation Fund program for the State of Minnesota. Page 1 of 6 Pages . � In consideration of the mutual promises and covenants contai�ed herein, the parties hereby agree to perform this �,J D , agreement as follows: A. GENERAL PROVISIONS 1. The State agrees to distribute to the local unit the State's share of the costs of the above project, as approved by the Director. 2. The locat unit agrees to execute the project herein described in accordance with the terms of this agree- ment. It is hereby understood that the local unit has reviewed any attached State forms and the attach- ments thereto and has found them acceptable. 3. The local unit further agrees that in the event that the project or any part of the project shall be deter- mined by the State to be nonreimbursable, any State monies already paid under this agreement by the State shall be repaid upon the demand of the State. 4. When State funds are not available for the project within one year of the date of this agreement, this agreement•shall be null and void. 5. When the locat unit fails to provide the maintenance required under this agreement, the State may withhold current or future payments to the locat unit on any projects until the local unit complies with this provision. 6. tn the event that the local unit defaults on the project, tlie State may maintain the project and shall be authorized to charge the local unit for the cost of maintenance. Such costs of maintenance shall constitute a debt due and owing to the State. 7. The local unit sha�l obtain the Director's written approval before any change is made on the project from the orisinal recreational purpose or jurisdictional control. �. PROJECT EXECUTION 1. The proJect period shall bepin on the date of approvat of this agreament by the Director and shatl terminate 2 years from that date unleu the project is extended or completed or terminated at an eartier date, in which event the project period shell end on the date of completion or termination. 2. The local unit shall complete tne project in accordance with the time schedule set forth in the project proposal and this agreement. Failure to render satisfactory progress or to complete this or any other project under the State Outdoor Recreation Grant Fund Program to the satisfaction of the Direccor may be cause for the suspension of all obligations of the State under this agreement. 3. Construction contracted for by the locel unit for the purposes of this grant shall meet the following requirements: a. Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding. One (t l copy of all bids and one (t ) copy of the contract shall be submitted to the Director after approval of this agreement. b. The local unit sha�l inform all bidders on contracts for construction in excess of $10,00(1 tfiat State funds are being used in the construction. c. Written change orders to contracts for construction i� excess of $10,Q,00 shall be issued for all neeessary changes in the facility. 7he orders shall be made a part of the project file and shall be kept ava��able for audits for three years after completion of the project. One (1) copy of the order shall be submitted to the Director. d. The contractors' bonds provisions of Minn. Stat. Sect. 5�4.26 (19761; e. The human rights provisions of Minn. Stat. Chap. 363 (19761; t. The anti-discrimination provisions of Mi�n. Stat. Sect. 161.59 (19761, and other app��cable laws and regulations; g. The competitive bid provisions of Minn. Stet. Sect. 471.345�71.36 (19761; h. 'Phe local unit shell incorporate or cause to be incorporated into all construction contracts, a provision that the contractor shall hold the State of Mi�nesota, officers and employees of the State ot Minnesota harmless from any liability with respect to ctaims for damages as a result of bodi{y injury, sickness; disease, death or property damage reeu►tiny from contrect�r'a nrw�retio�s on the project. 4. Dsve�apment plans and specificetions shell be availabls for review by che Director upon request. The local unit shatl permit periodic site visits by the Oirector to insurs work propreu in eccorcla�ce with the approved project, including a finat inspection upon project completion. Page 2 of 6 Pages 5. The local unit shall securo completion of the project in accordance with the approved construction plans, and apecifica- tions, and shall secure complianca with all applicable State and locai iaws and regulations. �n C J 6. In the event funds shall not be available for future stages of the project, the local unit shall bring the project to a point of usefulness agreed upon by the local unit and the Director. 7. Prior to any major. change from the project proposal, the recommended change shall be submitted to the Director for his approval. 8. The project shali be located only on real property owned or leased by a local unit. C. PROJECT COSTS 1. Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the regulations and this agreement. D. PROJECT ADMINISTRATION 1. The local unit shall promptly submit any reports that the Director may request. 2. Property and facilities developed pursuant to this agreement shall be available for inspection by the Director upon request. 3. Any monies advanced to the local u�it are "public monies" (owned by the State) and shall be deposited in a bank with FDIC insurance coverage; the balances exceeding the FDIC coverage shall be collaterally secured as provided for in 12 U.S.C. 265. 4. The Iocal unit shall use any funds received by way of advance payment from the State under the terms of this agreement solely for the project or project stage described herein. 5. Because one of the basic objectives of the State Outdoor Recreation Gra�t Fund program is to enhance and i�crease the State outdoor recreation resources, the local unit shall us,e the State funds granted hereunder consistent with those objectives. These funds shall result in a net increase in a local unit's outdoor recreation program, at least commensurate with the State,cost share, and shall not be used as a replacement or substitution of a local uniYs outdoor recreation funds. E. PROJECT TERMINATION t. A project shall commence when the local unit makes any expenditure or incurs any obfigation with respect to tfie project. The local unit may unilaterally rescind this agreement at any time prior to the commencement of the project. After project commencement, this agreement may be rescinded, modified, or amended only by mutual agreement consistent with law and regulations. 2. Failure by the local unit to comply v�rith this agreement or any similar agreement may be cause for ihe suspension of all obligations of the State hereunder. However, sucti failure to comply with this agreement shall not be cause for the suspension of all of these obligations when, in the judgment of the Director the failure was not due to the fault of the local unit. In such case, the minimum costs of any irrevocable obligations properly inc�rred shall be eligible for fu�ds under this agreement. 3. It shall be recognized that the benefit to be derived by the State from the full compliance by the local unit with ihe terms of this agreement is the preservation, protection, and the net increase in the quantity and quality of public outdoor recreation facilities and resources which are available to the people of the State. Because repayment by the local unit to the State of the funds extended under this agreement would inadequatety compensate the State for any breach of th+s agreement by the local unit, the local unit agrees that the appropriate remedy for a breach of this agreement by the local unit shall be the specific performance of this agreement. F. CONFLICT OF INTERESTS 1. No official or emp�oyee of the local unit who shall be authorized in his official capacity to negotiate, make, accept, or approve, or to take part in decisions regarding a contract or subcontract in connection with this project sha�l have a�y financiaf or other personal interest in any such contract or subcontract. 2. No person performing services for the local unit in connection with this project shall have a financial or other personal interest, other than his employment or retention by the local unit, in any contract or subcontract in connection with this project. No ofticer or employee of such person retained by the local �nit shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of ihe State, and the officer, employee or person has not participated in the acquisition for or on behalf of the local unit. 3. No member of the Legislature shall be allowed any share or part of this agreement, or any be�efit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporatio� for its general benefit. 4. The local unit shall be responsible for the enforcement of these conflict of interest provisions. G. RETENTION ANQ CUSTODIAL REQUIREMENTS FOR RECORDS 1. Financial records, supporting documents, statistical records, and aJl other records pertinent to this grant shall be retained for a period of three years, commencing with the date of submission of the final expenditure report, with the following qualifications: Page 3 of 6 Pages a. The records :hall be retained beyond the three-year period when audit findings have not been resolved. �n � b. Records for nonexpendable property that was acquired with State grant funds shall be retained for three yearsafter , its final disposition. 2. The Director or General Accounting Oftice or any duly authorized representatives, shall have access to any booka, documents, papers, and records of the State and locat units and iheir subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerptz and transcripts. 3. The local unit may use any generally accepted account system that meets minimum requirements set forth in the final expenditure report to the State. H. USE OF FACILITIES 1. The local unit shall provide suitable public acknowledgment on the project site of the use of state funds. 2. The local unit shalt not at any time convert any property developed pursuant to this agreement to uses other than the pubi�c outdoor recreation uses specified in the project proposal attached, hereto, without the prior written approval of the Director. 3. The local unit shall operate and maincain, or cause to be operated and maintained, the property or facilities developed pursuant to this agreement, in accordance with the requirements of the rules. Sanitation and sanitary facilities shall be maintained in accordance with the applicable public health standards. Properties shall be kept reasonably safe for public use. Fire prevention and similar supervision shall be provided to the extent possible. Fences, surfaces, lights, supporting structures, and improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage use of the project. 4. The local unit shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the type of facility. I. COMPLIANCE The local unit shall be responsibte for compliance with this agreement by any political subdivision or public agency to which funds are transferred pursuant to this agreement. Failure by the political subdivision or public agency to comply sfia11 be deemed a failure by the local unit to comply with this agreement. Page 4 of 6 Pages < I J. SPECIAL PROVISIONS The foliowing special project terms and conditions were added to this agreement before it was signed by the parties hereto: Any project with an estimated total cost of more than $25,000 must comply with Minn. Stat. 177.42-44 which is commonly known as The Little Davis-Bacon Act. To facilitate compliance pursuant to the Statute wage determinations were prepared for different trades for each county from which Labor for said project would be secured. It is the stated public po�icy of Minn. Stat. 177.42 as foilows: "it is in the public interest that public buildings and other Public works be constructed and maintained by the best means and highest quality of labor reasonahly available, and that persons working on public works be compensated according to the real value of the services they pertorm. It is therefore declared to be the public policy of this State that wages of laborers, workmen, and mechanics engaged in State projects should be comparable to wages paid for similar work in the community as a whole." The State will not be liable for increased labor cost, errors in the rates or classifications or changes to same prior to the awarding of contracts. information pertaining to the prevaiiing wage rates, prevailing hours of labor and hourly basic rates may be obtained from the Minnesota Department of Labor and Industry. Said wage rates must be posted in at least one conspicuous piace for the employees working on the project. Failure to comply with the provisions of the act may subject individuals to conviction of a misdemeaner. This agreement shall be binding on the State and local unit, and the persons whose signatures appear hereon, as authorized by statute and resolution to sign this agreement in behalf of the aforesaid local unit. In witness whereof, the parties hereto have executed this agreement as of the date entered below. APPROVED: COMMISS10NEft OF ADMiNiSTftATIOf�t By Title ATTORNEY GENERAL STATE OF MiNNESOTA By Titie Approved as to form and execution this day of 19 DEPARTMENT OF FINANCE s�r�iXr?q(J� D9�X�(�(9( Nct Encumbered By Date STATE OF MINNESOTA STATE PLANiVING AGENCY By DiRECTOR, OFFICE OF LOCAL & URBAN AFFAIRS Date LOCAL UN IT For NAME OF IOCAL UNIT sv MAYOR OR CHAIRMAN (NAME & TITLE) Date BY CLERK OR AUDITOR (NAME & TITLE► Date SEAL AFFIXED Page 5 of 6 Pages 19 F For Deve{opment Project Oniy: PRECONSTRUCTION CERTIFICATION "I hereby certify that construction plans and specitications to be used in conjunction with _ shall meet all applicable State and Local codes and current engineering practices; shall meet the requirements and standards of the Minnesota Deparement of Health; that Fiealth, safety, durability, and economy shall receive consideration consistent with the scope and objectives of the project; that the design shall be conscientiously prepared; and the surface area and foundations are suitable for soil and climate conditions at the site; that the proposed development shall be in a suitable environment and shall not unduly detract from the aesthetic value of the area; and that provisions shall be made to insure adequate supervision by competent personnel." �Y -� -- SIGNATURE NAME SP-420 t 5-Ot Page 6 of 6 Pages LOCAL UNIT'S ENGINEER OR ARCHITECT s DATE 19 F . � 1 r i i luc4 # � /3' �"'7°�' �"`�y � ;�:-'�. !t `' � k:I'�. �sr.:;,� aa�.� � w�. �.�5 � ,�T�� .� a a� :::,. � :, �� . , .., �.....-:,�r:<<: ��, , �.� ��. LL ._�.�J�1_•�.1� ��-.rt� I \ � l__ _"' �• 1 .v , � [• !��I / � � � � � �• r i.�� f . ` � '� M��A '� ��/ ^ . H j !� r ____ ::. !�'I ` J,�,c' ..,t.�.� �:� • � % � . / oat:rr: uuaf �!;� r q� RPF � I,'' I �a y ., a. -- c.e i _ ut 4 .t.♦ � �u .--t._____ Q . — . ilI I I l9 G ��,�.� � �G� �� . r�u ��'� J� , �' `" '' Ull�l l "� ;;; ,, „ �i rJYU.G•':u•. "" .. ' •�nll^+. I. � '-_". --'----- �wo�: ��r se. i I� � L �I� , 1 I1 i.� . ... . _ vu . _ - - - -__ -� -- - - - _ I --- �. . n. - - - .. . � yi`�_ =°-�2_/� i• L: � ✓ � QG� ::- �:w or � I� ,c`��. ')� n ��, �"` •4 /� 4 LOCKE c PARK �� `c.`�.... •••• � � c�.� L� L v 0 l� ✓ ` I { �...� •I u.ua ta � V G• J C�9 �� l , (�� . r �,, �, ,� �,.e,,. !^_ � �.,.d � u Ej y n, w n a ay , c. Ir� Cs b J `:� ;� C.. �? _q � �� e' ' q ` �.: �. , � �: ''� L'� J vK' : � 4 G` `. , `� U � / � �%j�" � (�'( " f�� C. C .y cS . � L° ('`I �,\\ i r,> " n� C' '7 C CJ _ A% J J`--' a` c� � . \ ...� `i �� .- t� � O'� �r • ��= �. + u , �:.#�3e-,..x � ��I c G)�? B c.�� M.�� _��-'�' G` �t�� sa ��..'' �*�e,>�,,,,,,^. .ti`� �� _� �� :i X c, t� �l „w+ •�i� �.�...._.-`•::-.�' '1„ . ' C t ��:'s,.��n:�-t a� ✓ G .� � c✓ � — - - — -� � �� ---�I I'�' ---- c; u s--� ' �i I�� r- - '- i - �J �___— ,. �r.� `��, � =�t��-� :� ( � �. ..�l� n �r .. : =: � ��_ � -� NOIIY 1�';'�TT ��n�� ,;,,� ccuu — � �C):li�i��.°`=i ...,. �' �r �`1 w� a�n• �� I ' t ii �..� ,J r � �._ , .�,��,, 1 h �}�`, ��u ;��. ..� �i.�.�• ��.�.�"?►,,� `? �7 �� ; �� .,..�.� ��, �� o• ;: 1 R� � � : � ��'� �; � � t� � a�� ;. ,�1�. �q�r n � . -- V� -----_ NE4WN'L�Na PARK' a �. n.� ' C� � `� �--'UUU�I (- g .S g � �s '' I _ � l_`- . . � '. � .� �:—. " . ( � � ��N��,�>i •� Regional System . ;�� r� t�� v�oouoi��d�.��►/�i!`.�=i�� City of Fridley System s�:. CITY OF FRIDLEY MEMORANDUM T0: WILLIAM J. NEE, t�AYOR; NASIM M. QURESHI, CITY MANAGER; AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: ALTERNATIVE INSURANCE COVERAGE DATE: MAY 10, 1978 The League sent the attached letter and the questionnaire to various cities throughout the State in an attempt to determine the degree of support or commitment there is on the part of cities to develop an alternative to the conventional commercial insurance market. This questionnaire does not commit the City to participate in an alternative insurance market, but advises the League as to how our City feels regarding the availability of such an alternative insurance market. They are also asking if our City would be willing to fund this commitment in the amount of $1U0. As you know, the League and several cities worked together this last year in an attempt to get special legislation which would allow cities to self insure. This legislation did not pass at the last session. One of the alternatives the �eague can pursue is to attempt to secure passage of this at the next session of the Legislature. This will take a commitment of time and money on the part of the League and of the various cities involved. The League is attempting to determine the amount of support for the proposal before they commit additional resources to the project. I recommend the City urge the League to proceed with trying to develop an alternate to the regular commercial insurance market and to guarantee payment of $100 towards this goal. MCB:sh Attachment 20 � � � IIlI �1 _ � �r�� !11 �y z, 1�7s 20 q league of minnesota cities T0: Mayors, M�.nagers and Admini�t�ratcrs of A11 Member Ci.ties FROM: League oi Minnesota Cities Over the past couple of ye�rs, many Minnesota �ities have experienced diffic�i�*.ies in cbtaining in�ur�nce at a r°easonable costa In some instances, certain co-rerages h�ve been unaaailabl� .�t: any cost, The Board of Directors mus� soon make a de�ision cn wh�uhe.r t,� atterr,pt to create an alternative to the �onvent,ic�nal pureh:�se oi insuran�e f`rom comsner��-ial companies, ii it �.s fotu�d to be feas�ble t�o do so� This alternative might t�k� the form of a joint self-ir.surance sys�em, a captive (League-o�med) insu�an�e company, � servi��e contract with a commerei�.l insurer, ete� This would, of` cou�se, be � majo� undertaking, in terms �.f both time and money; Fos^ t,��.� �Pason we need to have a firm ind.�,cation of the need and cities' interest in sueh a p.�cp�sal beiore going aheade In order +.,o be able tc proceed., it will be raecessary t,o havP reli.able infcrma+ion on loss experience in Minnes�ta citaes., For this reason, cities ind�c�ting that they wiwh the League to proceed w�tr the �1'�12ct will be expected t.o ecope�°ate in iurnishing the necessary d�ta. (Cities which furnished pi°emi!un �nd loss data for the suxve.y conducted in the spring ai 1977 would, of" eourse, be asked only to update those datae) Because of budget limitations, �.t is possible that the League would not be able to finance su�h a pr°��ect ent:irely thr�ough League funds, If this should be the case, the only app�rent alter^native would be to request a contribution irom cities who would be directly benefited by the projecte For these reasons, we are requesting each city council to consider and respond to the foll.owing: (OVER) , 300 hanover building, 480 cedar street, saint pau1, r-rzinnesota 55101 C612) 222-2eb1 -z- LIABILITYjPROPERTY INSURANCE Yes . No 1� The City of agrees that the League sho�:ld attempt to cre�te an alternative � to the comrentional ecmmercial insurance market, and further agrees to cooperate wit.h the League in suppl;�ing such inform�tion as may be required. Yes No HEALTH INSiTRANCE Yes No 2, The City of would be willing to contribu�,e an ��rnount not to exceed $100 toward estab�ishment of an alternative to t,he eonveniional commerci�?. insurance markete (Tt is understood that any requested contribution wou7.d be prc-rsted afcording te si_ze of city, and that c;ont;ribut��ns would be taken into accoun ��n establi �hing x°at.es o) 3o Some ci�ies ha��e indiryzted an in�er.est in hauing the League attempt, to set up a system to make health. ins�ir�an�e a;railable at group rates to cities �vith �mal� m��bers af empinyeese This . might be acrompl�:sr.ed ei�her through joint purchase ��f ir!surance or th�ough a joint self- insured plan, SYiould the League pu�sue this possibilit:y? Please return this questiorinaire �s sQOn as p�ssibl� af`ter° ��ur city council has had a chance to conside� and re�pond t:o these questi�nso The address is: Le�gue of M�nnesota G�tie� 300 Hanover Bu.�,l.ding l�80 Cedar St.r�eet Ste Paul, M3..nnesota 55101 Thank you very much f°or your cooper�,tion in you.� League°s a�tivitiese PST:ch 5/2/78 2C� R z� MEMO T0: Nasim M. Qureshi, City Manager � MEMO FROM: Richard N. Sabiech, Public Works Director DATE: May 11, 1978 SUBJECT: Receiving Bids on Municipal Garage Expansion Attached please find the bid tabulation for the bid opening on April 25, 1978 for the expansion to the Municipal Garage. The bids were substantially higher than the architect's estimate. The architect, as noted on the attached co�respondence, indicates that the increase in costs were as a result of the handicapped regulations and the energy code requirements. With the construction costs almost doubling, it is very difficult to justify this type of expenditure through use of the general fund. It is therefore requested that the Council at the meeting of May 15, 1978 receive the bids and reject all bids due to the fact all are in excess of the architect's estimate. It is our intention to retain the completed construction � plans and specifica-�ions and when appropriate, make appli- cation for funding through grant programs. A project of this nature could possibly quali�y for Economic Develop-. ment Area (EDA) or Public Works Act funding. RNS/jm Attach. 2 � , , 2l A �./ � Patch Erickson Madson Inc. Architects & Planners 2311 Wayzata Bivd. Minneapolis Mn. 55405 (612/374-3490) April 25, 1978 Richard Sobiech Fridley City Hall 6431 University Ave. NE Fridley, MN 55432 Re: Addition to Fridley Garage Dear Mr. Sobiech: 0 We are enclosing a copy of the bid tabulation together with a copy of each contractor's proposal and bid bond. Bids have come in higher than anticipated, and I believe the reason for the incr°eased costs is the additional insulation required in the building because of new energy requirements, and the necessary handicapped reg�latians. I also feel the fact that wage contracts are up May first and healthy increases are expected was also a cantributing factor. If yau feel you can handle the budget, we recommend contracts be awarded to Henning Nelson Construction Co., the low bidder, in the amount of $84,600. Please let us know your decision. rely, � ��r � c�� Roge W. Patch k RWP:Itb enclosures BID TAf3ULATION - ADDITION TO FRIDLEY MUNICIPAL GARAGE Bids due 2:00 P.M. April 25, 1978 Patch Erickson Madson, Inc., Architects CONTRACTOR BASE BID Roger Sheehy Co. 7091 Highway 65 NE $85,850.00 Fridle 55432 Norman Berglund Const. 464 Second St. Box 475 �g5,121.00 Excelsior 55331 GEh1 Construction 13001 Cedar Ave. S. Box 25 �90,954.00 A le Valle 55124 M. A. Barr Const. 3900 85th Ave. $g5,950.00 Brookl n Park 55443 Nenning-Nelson Const. PO Box 22708 Suite 120 $84,600.00 3735 N. Nwy 52 Minneapolis 55422 Da s Sec. Add'a 120 bond 1 180 " 1 120 " 1 - " 1 100 " 1 21 3 CITY OF FRIDLEY PETITIUN GOVER SHEET Peticion N�,. 10-1978 Date Received May 11, 1978 object University Avenue West Service Drive from 83rd Avenue to 85th Avenue, and from 560 Feet South of 83rd Avenue to 81st Avenue. Petition Checked By Percent Signing Referred to City Council Disposition Bate n 22 PCTI1'ION POR WATCR, Si:WER LA'I'T:Rt1LS AND STRCET SUItFACING 22 A FRIDLEY, MINNGSOTA DATC �.`� .~�� " 7S To the City Council of Fridley, Minnesota: We, the undcrsigned, constituting more than fifty-one percent (510) of the property owners in number and in interest, in the following strcets: „ University Avenue West Service Road Street, from 83rd Avenue to 85th Avenue 560 feet south " " " - Street, from of 83rd Avenue to 81st Avenue Street, from to who �•rill benefit by the proposed improvement, hereby petition that the followi?�g improvements be made: 1, Street Improvements 2. 3. ti9e understand that t}ie cost of said improvement caill be assessed against the benefiting pxoperty in the above described area. N Address Legal Description s'�n� C __ �• �-.� s �.�. 7. � 01 �., G S rU�. I hereby certify that I have checked the above petitioners, and they do constitute more than fifty-one percent (510) of tlie o�rners in the area affected. � 22 B RLSOLUTION N�. � A RESOLUTION ORDI:RING PREI.IMINARY PLANS, S}'ECIFICATIONS, AND ES'i'IMATES OF Tt1E COSTS TfIIiREOF: STREET IMPROVEh1ENT PROJECT ST. 1978-1, ADDENDUM #3 BE IT RESOLVED, by the City Council of the City of Fridley as follows: I. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements, to-�ait: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: University Avenue West Sexvice Drive: From 560 Feet South of 83rd Ave. to 81st Avenue From 83rd Avenue to 85th Avenue 2. That tYte Publ.ic K'orks Di.rector, Richard Sobiech, City Hall, Fridle}�, b1N, �.s hereby authorized and directed to dra4r the preliminary plans and specifi- cations and to 1:abulate the results of hi� estimates o� the costs of said improver?�ents, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurre�) in coanection there- with, or the financing thereof, and to make a pre].iminary repoxt of his findings, statiTig therein ttiliether said improvemeiits are feasible aTid kliether they can be�t be raade as proposed, or in conn.ection wit}1 some othex improvements (and the estimated cost as recommended), inc2uding also a description of the lands or area as may receive benefits therefrom and as may be pxoposed to be assessed. 3. That sai3 preliminary report of the Engineer shail be iurnished to the City Council. AI)C)PTED BY TFtE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , �.9 78 . A1"TEST; CI1'Y CLL'nK - D1r1h��IN G. 6RUNSliLL biAYOR - WILLIAM J. NEE � �.Y.* ... � 23 MEMO T0: MEMO FROM: DATE: Nasim M. Qureshi, City Manager Richard N. Sobiech, Public Works May 11, 1978 Director SUBJECT: Execution of Supplemental Agreement with State of Minnesota and with Columbia Heights Pertaining to 45th Avenue Outfall Attached please find documents for execution in connection with the 45th Avenue outfall system of Storm Sewer Improve- ment Project #12 which was used as an outlet for storm water drainage from the Burlington Northern freight yard. The agreements have been reviewed by the City Public Works personnel and Comstock and Davis, the Consulting Enginners, on the original project. It has been found they are in agreement with the data submitted to the City in 1971 in connection with the improvement. The basic reason for the supplemental agreements was the result of adding Burlington Northern drainage area to the original improvement which resulted in Burlington Northern paying to the City of Fridley monies in lieu of an assessment to cover the Burlington Northern's share of the additional area. The monies paid by Burlington Northern to the City of Fridley should then be shared with the State of Minnesota and Columbia Heights in ratios consistent with the original agreements. All data pertaining to proportionate shares on the ori- ginal. and the supplemental agreements have been prepared by the State of Minnesota based on previously agreed to criteria. Upon investigation as to the timing of these supplemental agreements, it was discovered that the person assigned to developing the supplemental agree- ments by the State of Minnesota retired with no one re- assigned to complete supplemental agreement development. The State of Minnesota finally realized that the project was not completed and therefore completed the supplemental agreements as attached. It is requested the Council consider execution of the supplements at the meeting of May 15, 1978. Upon exectztion of the supplemental agreements, this impravement project can be finalled out. RNS/jm Attach. 3 Form 21232A cr�r aF �xzn�Y RESOLUTION 54797_2 23 A BE IT RESOLVID that the City enter into an agreement with the State of Minnesota, Department of Highways for the follovring purposes, to-wit: to supplement Agreemen� No. 54797 dated November 24, 1965� between the CiCy of Fridley and the Minnesota Department of Hi�hways and pravi.de for the City to refund Co the State the amount o£ $8�035.25 as a consequence of the increased discharge of storm waCers into a coopera�ivelq funded (State� Fridley and Columbia Heights) storm sewer outfall line constructed by the City of Fridley which increased discharge is cc�ntributed by the City of Fridley and the City of Columbia iieights due to the added Burlington Northern� Inc. freight yard drainage area. City Manager BE IT FURTHER RESOLVID that the b7ayor and C�.�tk be and they hereby are authorized to execute such agreemcnt. (Supplement Nod 2 to Agreennent No. 54797) Adopted by the City Council of the City of Fridley This Day of , 1978. Attest: William J. Nee, Mayor City Clerk, Marvin ��I��ATION C. Brunsell State of D�innesota County of Anoka City of �r;�d�ev I hereby eerti�r that the foregoing Resoluticn is a true and correct copy .of the resolution presented to and adopted by the Council of the City of Fridley at a duly authorized meeting thereof held on the day of 19 , as shown by the minutes of said meeting in my possession. City Clerk 0 ROAD DESIGN n MINNESOTA HIGHWAY DEPARTMENT SUPPLI�3�IENrt�L AGREEMEIdT Supp2¢me�sC No. 2 to Agreement No. 54797 between The State of Minnesota Department of Highways, and The City of Fridley, Minnesota Re: Reduced State cost part2cipatian fn 45th �ve. Outfall System con- structed by the City of Fridley AMEND�fENT TO AGREEMENt N0. 54797 S.P. 0205»19 (T.H. 47=156) AMOUNT ENCUMB. (None) AHI�T. RECEIVABLE �8,035.25 __ . THIS SUPPLEMENTAL AGRE�34ENT made and entered into by and between the SCate of Mir►nesota, Department of Highways, hereinafter referred to as the "State" and the City of Fridley, Minnesota, acting by and through its Gity Council, b.erein- a€ter referred to as the "City". WITNESSETH: a 23 � i�TiIEREAS the Staee and the City did enter into an agreement dated November 24, 1�65, and designated as Agreement No. 54797, providing for the City to construct under contract a storra sewer system designated as t'Storm Sewer Improvement Praject No. 12" which ineluded cooperative joint-use storm sewer mainline and outfall line facili- ties, and also providing for payment by the State to tlne City of the SCate�s pro- portionate cost share of said cooperarive joint-use storm sewer facilities•which in addition to accounnodating storm water drainage frosn areas of the Citq and the . ; r i ! � t � � 54797-2 23 � �•Citq of Columbia Heights will also accomaodate stona water drainage fram Trunk High- aay No. 47 right of waq. The City and the Citq of Columbia Heights did enter into s separate agreement whereby Columbia Heights agreed to pay the City a proportionate share of the cost of constructing certaia jofnt-use storm sewer facilities under said City�s Project No. 12 including those facilities participated in bq the State. L►lso, the City and the State did thereafter enter into a supplement to said Agree- meat No. 54797,designated as Supplement No. 1 and dated Maq 16, 19b6, providing for the City to construct, under Ghange Order No. 1 to its contract for said Stiorm Sewer Improvement Project No. 12, a portion of storm sewer crossing Trunk Highway No. 47 and connecting Citp of Calumbia Heights storan sewer facilities with the 44th Avenue Northeast storm sewer lateral constructed uttder the aforesaid City�s Project Ho. 12� and in additian, providing for payment bq the State to the City of the State�s proportionate share of said tzunk highway crossing storna sewer connector; and iiIHERrAS subsequent to the compleLion of the aforesaid city contract construction of Coogerative joint•use storm sewer facilities including those constructed under Change Order No. 1 and after payment bq the State of its fu11 and camplete share thereof, Lhe City requested the State�s permission, as required in Article IX of said Agree- �sent No. 54797, to.:outlet storm Water drainage from a Burlington Northern freight 7ard located joiatly in the City and the City of Columbia Heights into the inplace 45th Avenue Northeast storm sewer outfall Iine constructed under the aforesaid city eoatra�t as a cooparative joint•use stona sewer facili�y. Said freight yard drainage area was not inc2uded in the totaZ area used in computing the construction cost participation percentages of the State, the City and the City of Columbia Heights for said outfall line; and •2• � �s4�9�..z 23 P iiHEREAS the State having determined that said storm sewer outfall Iine is of suF• ficient size and capacity to verq adequatelq accoranodate anq and all additional storm water drainage discharged therein from the said freight yard area� the State is agreeable to freight yard storm waLer drainage being discharged into the coopera- tive jofnt-use storm sewer outfall line constructed bq the City and participated in by the State under the terms and conditions of said A.greement No. 54797 in considera- tion of the Citq refunding the S'tate, as hereinaf ter set forth, an amount equal to the difference between the amount paid by the State to the City as the State�s pro- portionate share of the eost of constructing said outfall line facility, which share s�as based on a State cost participation percentage camputed using a total drainage uea aot fncluding the said freight yard area, and a revised state cost share amount based on ihe current value of the outfall line facility and a S�ate cost participa- tion percentage camputed using a total drainage area whf.ch includes said freighC yard area. 2T IS� TflEREF(?RE, MU'NALLY AGREED AS 370LLOWS2 ARTICLE I� AIiENDMENT TO AGREEMENT N0. 54797 The agreement between the City and the State dated November 24, 1965, and designated Agreement No. 54797 as asnended and modified by a supplemental agreemeat dated Map 16, I9b6, and designated as Supplement No. 1 is herebq amended and modifed by the addi- tion of the two following provisions: pROVISION N0. 1 'The State�does hereby give permission to the City to discharge into the �ooperative joint•use storm sewer outfa2l line constructed by the City under its Stox�m Sewer 0 �. • �3s . ' � � � . � 54797-2 23 � ' Improvement Project No. 12 coqmnencing at Manho2e No. 2! and extending westerly to -the outlet into the Mississippi River the storm water drainage from the Burlington Northern, Inc. freight yard located jointly within the corporate limits af the City and the City of Columbia Heights in an area between Main Street Northeast and the East River Boad. PRdVISION N0. 2 Upon full executian of this supplementa2 agreement and invoicing by the State, the City shall refund to the State the amount of $8,03� 5�25 from the monies paid bq the State to the City, as the State�s share of the Citp's construction under its Storn► Sewer I�aprove�aent Project No. 12 of that portion of the 45th Avenue Northeast exteu- sion storm sewer outfall lir�e commencing with Manhole No. 21 and extending wester2y to the outlet at the Mississippi River, in accordance with the terms and conditions set forth in said Agreement No. 54797. Said refund is a consequence of increased discharges contributed by the City and the Citp of Co2umbia Heights due to the added Burlington Northern, Tnc. freight qard drainage area and the discharge contributed by the State remainin� uachanged as shown below. (a) Original calculation based on the ratia of discharges contributed from d�ainage areas none o€ which i.ncluded the Burlington Northern, Inc. freight yard area. Proportionate enc Discharge_ Participation Coltnabia Heights Highwaq Department FYidley Totals �._ 321.3 CFS 52. 5 82.3 .r...�..._._ 456.1 CFS .4.. �o.4x 11. 6.. � 18.0 .____._ ioo.ox � sa�g�_z 23 F '•(b) Bevised calculation based on the ratio of discharges contributed fra�a drainage areas increased for the City and the Ctty of Columbia H�ights by the addition of the Burlington Northern, Inc. frefght pard area. Area contributing to State discharge unchanged. enc Colvmbia Heights Highway Department Fridley Totals Discharge 358.3 CFS 52.5 128� 538.8 CFS Proportionate Participation 66o SX 9.7 23.8 .., ..r_ 10VOV/i The method of determinin.g the current value of the aforesaid portion of storm sewer outfall line plus the calculations used in determining the above refund amount are shawn on the attached shQe� marked EXdIBIT l�A�� wh�ch is made a part hereof by referencee ARTICLE II • AGREF�SEPTT N0. 54797 Eacegt as a�ended and modified herein, the terms and conditions of said A�ra�ment No. 54797 dated November 24, 1965, as amended and nodified by Supplement No. 1 there- �to dated May 16, Z966, shall remaia in fuil force and effect. ABTICLE III e APPROVAL Before this supgiemental agreement sha11 become bindiag and effective, it shall be approved by resolution of the City Council of the City and shall also receive the -approval of such State offic�ers as the law may provide in addition to the Cou�issioner of Highways or his duly authorized representative. � ..5,. 0 0 . 54797�2 IN TESTIMONY WHIItFAF the parties have dulq executed this agr�ement by their dulq aathori�cd officers aad caused their respective seals to be hereunto affixed. (City Seal) 0 �EPA.RIMENT QF HIGHWAYS :i Beco�aended for appraval: � Sy��f� � �. ,�LZ-a�-i-�--- �G,Q Road Design Engineer 8y District Engineer By Director • D�sign and Right of Way Division Approved as to form and execution: Bq Specia2 Assistant �ttorney General \ CITY OF FRIDLEY B�� Mayor Date .....` — - !iy — Citp Manager Date S'TATi OF MINNESOTA Sp Deputy Cc�snissioner of Highways Date Date of Agreement) Approved: � Department of Admiaistration By Authorized Signature Date �6. ' '. 23 G EXFiIBIT "A�� Snppl�naent No. 2 to �lgreement No. 54T97 Original Contractor�s Cost I71.5 Replacement Cost (6/17/7I) $313,158.00 x 126.2 = �425,567.32� (Based on Replacement Index rigures �'ublished bq Eavfrosnaental Protectfon Agency far 1966 and "April 1971) Depreciation (6/17/71) �425,567.32 x 1.25� x 5=�26,597.96• (At I.25'� per annemi) Current Ya3ue ($�+25,567.32 - �26;597.96) _ Original State cost participatian percentage as set forth in Agrsement No. 54797«.---..-..---�.-�--•12.6� 8evised State c4st participation percentage as determined bq M.H.D. Hydraulics Unit�-•--------•-•---�9.7% Percentaga reduction in State c4st partici�ation---«--1.9� Annount of reduction in Statets construction Gost share (current va2ue �39$,969.36 x le9%) - Plus 6� construcCion engineering cost share Total A:aount of Refund to the State 0 ��313,I58.00• �3.98,969.36 • �7,58U.42• 454. 83 • � s8a035.25• 23 f! � 1 . . . .. •• : . T.- .�:.L � .� - � _ _ _- �1 ��.�.. � � - _ ' . � 231 AGREEDIENT City of Columbia Heights/City of Fridley THIS AGREEMENT rnade and entered into by and between the City of Fridley, Minnesota, acting by and through its City Council, and the City of Columbia Heights, acting by and through its City Council. IVITNESSETH: WHEREAS, Fridley and Columbia Heights did enter into an agreement dated November 17, 1965, providing for Fridley to construct under contract a storm sewer system designated as "Storm Sewer Improvement Project No. 22" which included cooperative joint-use storm sewer mainline and outfall line facilities and also providing for payment by Columbia Heights to Fridley of Columbia Heights'_proportionate cost share of said cooperative joint-use storm sewer facilities which accommodate storm water drainage from areas of Fridley and Columbia Heights; and WHEREAS, Fridley and the State of Minnesota did enter into an agreement dated November 24, 1965, and designared as Agreement No. 54797, providing for Fridley to construct under contract a storm sewer system designated as "Storm Sewer Improvement Project No. 12" which included cooperative joint-use storm sewer mainline and outfall line facilities, and also providing for payment by the State of Minnesota to Frid2ey of the State's proportionate cost_share of said cooperative joint-use stoz-m sewer facilities which in addition to accommodating storm water drainage from areas of Fridley and Columbia Heights will also accommodate storm water drainage from Trunk Highway #47 right-of-way; and iVHEREAS, subsequent to the completion of the aforesaid Fridley contract construction of cooperative joint-use storm sewer facilities and after payment by Columbia Heights and the State of biinnesota of its full and complete share thereof, Fridley, Columbia Heights and the State of h4innesota granted permission to Burlington Northern to outlet storm water drainage from a Burlington Northern freight yard located jointly in Fridley and Columbia Heights into the inplace 45th Avenue Northeast storm se�aer outfall line constructed under the aforesaid contract as a cooperative j�int- use storm sewer facility. Said freight yard drainage area kas not included in the total area used in computing the original construction cost participation percen- tages of Fridley, Columbia Heights and the State of Minnesota for said outfall line; and W�REAS, Fridley, Columbia Heights and the State of A4innesota having determined that said stor� sewer outfall line is of sufficient size and capacity to very adequately accommodate any and all additional storm water drainage discharged therein from the said freigllt yard area, Fridley and Columbia Heights are agreeable to freight yard storm water drainage being discharged into the cooperative joint-use storm sewer outfall line canstructed by Fridley and participated in by Columbia Heights and the State of Ttinnesota, in consideration of Fridley refunding Columbia Heights as hereinafter set fortli, an amount equal to the difference between the amount paid by Columbia Heights as Columbia Heights' proportionate share of the cost of con- structing said outfall line facility, wliich share �as based on a Columbia Heights cost participation percentage computed using a total drainage area not including the said freight yard area, and a revised cost share au�ount based on the current value of the outfall line facility and a Columbia Heights cost participation per- centage computed using a total drainage area which includes said freight yard area. 23 J AGREEMENT -2- City of Columbia Heights/City of Fridley IT IS THEREFORE, MUTUALLY AGREED AS FOLLOiVS: .. 1. Fridley and Columbia Heights do mutually agree to allow discharge into the cooperative joint-use storm sewer outfall line constructed by Fridley under its Sto.rm Sewer Improvement Project No, I2 commencing at bfanhole No. 21 and extending wester]y to the outlet into the blississippi River the 5torm water drainage from the Burlingtan Narthern, Inc. freight yard located jointly within the corporate Iimits of Fridley and Columbia Heights in an area between 1�1ain Street Northeast and the East River Raad. 2. Upon full execution of this agreement and invoicing by Columbia Heights, Fridley shall refund to Columbia Heights the amount of $17,876.85 from the monies paid by Columbia Heights to Fridle}�, as Columbia Heights' share of Fridley's construction under its Storm Sewer Improvenent Project No. 12 of that paxtion of the 45th Avenue Tiortheast extension storn sewer outfall line commencing with Manho�e No. 21 and extending westerly to the outlet at tl►e Mississippi River, in accordance with the terms and conditions set fortli in the previous agreement dated November 17, 1965. Said refund is a consequence of increased discharges contributed by Fridley due to the added Burlington lvorthern, Inc. freight yard drainage area. a) Original calculation prepared by the State of Minnesota based on the ratio of discharges contributed from drainage areas none of which included the Burlington Northern, Inc. freight yard area: Agency Columbia Heights Highway Degartment Fridley Totals _..... Discharge 321.3 CFS 52.5 82.3 456.1 CFS Propartionate Participation 70.4 0 11.6 18.0 100.0% b) Revised calcul3tion prepared by the State of Mir.neseta, b�sed �n the ratio of discharges contributed from drainage areas increased for Fridley by the addition of the Burlington ivorthern, Inc. freight yard area: Agency Calumbia Heights Highway Department Fridley Totals ...... Discharge 358.3 CFS 52.5 i2s.o sss.8 CFS Proportionate Participation 66.5% 9.7 23.8 loo.00 The method of determining the current value of the aforesaid portion of storm sewer outfall line plus the calculations used in determining the above refund amount are shown on the attached sheet marked EXHIBIT "A". which is made a part hereof by reference. 3. Except as amended and modified herein, the terms and conditions or pre- vious agreement dated November 17, 1965 shall remain in full force and effect. 4. Before this supplemental agreement shall become binding and effective, it shall be approved by resolution of the City Councils of Fridley and Columbia Heights. i. , AGREEMENT -3- City of Columbia Heights/City of Fridley � IN TESTIh10NY ti�'HEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. (Fridley Seal) (Columbia Heights Seal) CITY OF FRIDLEY Mayor - William J. Nee 23 K ., City blanager - Nasim M. Qureshi Date CITY OF COLUp�BI�I �,`IGHTS City Manager �y��o,�y7� Date � t .. . - AGRfiEhiENT ' -4- City of Columbia Heights/City of Fridley EXHIBIT "A" Driginal Contractor's Cost 1�1.5 Replacement Cost (6/17/71) $313,158.00 X 126.2 = �425,567.32 (Based on Replacement Index Figures Published by Environmental Protection Agency for 1966 and April 1971) Depreciation (6/17/71) $425,567.32 X 1.25o X 5=�26,597.96 (At 1.25 o per annuuz) Current Value ($425,567.32 - $26,597.96) _ Original Columbia Heights cost participation percentage as set forth in agreement dated November 17, 1965 Revised Columbia Heights cost participation percentage as determined by MnDOT Hydraulics Unit Percentage reduction in Columbia Heights cost participation Amount of reduction in Columbia Heights construction cost share (current value $398,969.36 X 3.90) Plus 6o construction engineering cost sliare Plus 3.90 of easement cost share ($14,240.00 X.039) Plus 3.90 of street restoration ($21,233.39) n 70.4 0 66.5% 3.9% $15,559.80 933.59 555.36 828.10 23 L ` $313,158.00 $398,969.36 TOTAL AAfOUNT OF REFI.iND TO COL[JhfBIA HEIGHTS ...$ 17, 876.85 , (✓� O F.OR CONCURRENCE BY THE CITY COUNCIL — pppO�INTMENT _ Mav 1�. 1�7R � . 24 � . EFFECTIVE NAME POSITION SALARY DATE REPLACES Pamela S. Hagen Clerk �622 �� May �12, Linda Aasen 8641 Lincoln St. N.E. Typist. . per 1978 �. . • 6laine, P1N 55434 City month �� . __ Management - .. . .. . .. . 1 J � F.OR CONCURRCNCE BY THE CiTY COUNCtI. ' LICEI'JSES May 15, 1978 Type of License �:� Approved By: �Street Vending B Glommen Sno Kones Harvey H. Glommen James P. Hill 1048 87th Ave. N.E. • Public Safety Director Blaine, Mn. 55434 Steven J. Olson Health Inspector ;-Type of confections to be sold: Snow cones on three wheel bikes. !On Sale Liquor ! P1aza Villa ' 6259 Highway #65 N.E. Fridley, Mn. 55432 Sunday On Sale Liquor Plaza Villa 6259 Highway #65 N.E. F�ridley, Mn. 55432 , On Sale Beer Caballero Sandwich Saloon 7610 University Ave. N.E. Fridley, Mn. 55432 Barlo, Inc. � Guido Cappelletti William Joseph McMurray Barlo, Inc. Guido Cappelletti William Joseph McMurray Caballero Inc. John 0. � Kathryn K. Eikeland James P. Hill . Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Oirector Z6 NEW Fee: 30.00 6,000.00 2J0.00 ' 200.00 0 C! . (0 F.OR CONCURRENCE BY THE CITY COUNCIL — LICENSES 26 A May 15, 1978 RENEWALS Type of License: By: Approved By: , Fee: Beer Off Sale Stav's Superette 6483 University Ave. P�.E. Fridley, Mn. 55432 Btngo Fridley Amvets. Post #7 5213 Central Ave. N.E. Fridley, Mn. 55421 Knights of Columbus 6831 Highway #,65 N.E. Fri dl ey, h1n . 55432 Fridley V.F.W. Post 363 1040 Osborne Rd. N.E. Fridley, Mn. 55432 Bottle Club Knights of Columbus 6831 Highway ;65 N.E. Fridley, Mn. 55432 Bowling Alley Maple Lanes fi310 Highway #,65 N.E. Fridley, f�1n. 55432 Cigarette Les's Standard 7680 Highway #65 N.E. Fridley, Mn. 55432 Northtown Standard 7609 University Ave. P�.E. Fridley, Mn. 55432 ' Q Petroleum 5300 Central Ave. N.E. Fridley, Mn. 55421 Riverside Car & Truck 6Jash 6520 E. River Road Fridley, Mn. 55432 Robert P. Stavauau Lav�rence E. Conrad John h1. Yencho Lester G. Orton Northaire Home Assoc. Kendall James Vassar, President Fridley Recreation & Service Co. William FI. Gottwaldt L. Schaffran R. Rabe Q Petroleum Corp. Marlin R. Besler Randall Olchefske James P. Hill Public Safety Director. James P. Hill Public Safety Director Robert D. Aldrich Fire Inspector James P. Hill Public Safety Director Robert D. Aldrich Fire Inspector James P. Hill Public Safety Director Robert D. Aldrich Fire inspector James P. Hill Public Safety Director Robert D. Aldrich Fire Inspector James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director Salvage Center, Inc. James A. Dowds James P. Hill 51 - 37th Ave. N.E. Public Safety Director Fridley, Mn. 55421 35.00 250.00 250.00 250.00 300.00 185.00 12.00 12.00 12.00 12.00 12.00 � F.OR CONCURRENCE BY THE CITY COUNCIL - LICENSES Ma 15, 1978 RENE4JAL26 � Tvpe of License: �: ' pprove y: Fee: Cigarette Stan & Bill's Country House 1301 Mississippi St. N.E. Fridley, Mn. 55432 Stav's Superette 6483 University Ave. N.E. Fridley, P4n. 55432 Swings Spurette 6485 E. River Road Fridley, Mn. 55432 T.C. Tire�& Battery Inc 8255 E. River Road Fridley, Mn. 55432 farget Stores 755 53rd Ave. N.E. Fridley, Mn. 55421 Nlilliam G. Kaehn Stanley A. Julson Robert Stavanau John Swingdorf .Rodger R. Wedell E.J. Larson Union 76 Self Ser�ve Union Oil Co. of 5695 tiackmann Ave. N.E. California Fridley, Mn. 55432 J.A. Giebel �'ood Establishment Lynwood Manor II Nursing Home Mary J. VanDan 5700 E. River Road Fridley, P1n. 55432 �Maple Lanes �6310 Highway #65 P�.E. Fridley, Mn. 55432 Q Petroleum 5300 Central Ave. N.E. Fridley, Mn. 55421 Stan & Bill's Country House 1301 Mississippi 5t. N.E. Fridley, Mn. 55432 Stav's Superette . �� 6483 University Ave. N.E. Fridley, Mn. 55432 Swings Spurette 6485 E. River Road Fridley, Mn. 55432 Fridley Recreation & Service Co. William H. Gottwaldt Q Petroleum Corporation Marlin R. Besler William G. Kaehn Stanley A. Julson Robert Stavanau John Swingdorf James P. Hill ' Public Safety Director James P. Hill Publ i c Safety Di�rector James P. Hi11 Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill . Public Safety Director Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector � Steven �J. Olson Health Inspector Steven J. Olson Health Inspector T.C. Tire & Battery Inc. Rodger R. Wedell � Steven J. Olson 8255 E. River Road � Health Inspector Fridley, P9n. 55432 � � 12.00 12.00 12.OQ 12.00 12.00 12.00 � 25.00 25.00 25.00 25.00 25.00 25.00 .25.00 n � �0 F.OR CONCURRENCE BY THE CITY COUNCIL — LICENSES 26 C • May 15, 1973 RENEWALS TYpe of License: �: � pprove y__: Fee: f Food Establishment iarget Stores 755 53rd Ave. N.E. Fridley, Mn. 55421 Union 76 Self Serve 5695 Hackmann Ave. ��.E. Fridley, P1n. 55432 � Junk Yard Salvage Center 51 37th Ave. N.E. Fridley, Mn. 55421 Refuse Hauler E.L. Larson Union Oil Co. of California J.A. Giebel. James A. Dowds Suburban Pickup Service Inc. Jack Gallagher 3800 Restwood Road Circle Pines, h1n. 55014 Service Station Big Wheel Auto Store 7451 E. River P,oad Fridley, P�n. 55432 Central Standard Car Wash 5201 Central Ave. N.E. �'ridley, r1n. 55421 Fridley Standard 5311 University Ave. N.E. Fridley, f�n. 55421 Nolly Center Standard 6490 University Ave. N.E. Frid1ey, Mn. 55432 Les's Standard 7680 Highway #65 N.E. Fridley, Mn. 55432 Richard 6. Shaller, President Robert L. Winberg Robert Rabe Robert� Rabe l.. Schaffran Northtown Standard � Robert Rabe 7609 University Ave. N.E. Fridley, Mn. 55432 � Steven J. Olson Health Inspector Steven J. Olson Health Inspector James P. Hill Public Saf ety Director Darrel Clark Building Inspector Steven J. Olson Health Inspector Robert D. Aldrich Fire Inspector , Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darre1 C1ark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich . Fire Inspector Darrel Clark Building Inspector 0 25.00 25.00 200.00 15.00 for addition truck 60.00 60.00 60.00 60.00 50.00 60.00 it i �0 F.OR CONCUiZRENCE E3Y tHE c�TY coutvc�� - LICEP�SES May 15, 1978 RENEWALS Type of License: �: Approved By: . I Service Station ' Phillips 66- � 6500 University Ave. N.E. Fridley, Mn. 55432 Q Petroleum 5300 Central Ave. N.E. Fr�dley, Mn. 55421 Riverside Car & Truck Wash 6520 E. River Road Fridley, Mn. 55432 Sinclair Marketing Inc. 6290 Highway �65 N.E. i Fridley, t�in. 55432 ' Stan & Bill's Country House I 1301 Mississippi St. N.E. I, Fridley, Mn. 55432 ' Steiger & Gertzen Garage � 6519 Central Avenue fd.E. Fridley, Mn. 55432 Swings Spurette 6485 E. River Road N.E. Fridley, Mn. 55432 T.C. Tire & Battery Inc. $255 E. River Road Fridley, Mn. 55432 1'arget Stores 755 53rd Ave. N.E. Fridley, Mn. 55421 Phillips Petroleum Co. K. W. �taterbury Q Petroleum Corp. Marlin R. Besler Randall Olchefske Ray Johnson Wi1liam Kaehn & Stanley A.Julson E.W. Gertzen John Swingdorf Rodger R. Wedell E.L. Larson Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. A1drich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darre1 Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D•. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Robert D. Aldrich Fire inspector Darrel Clark Building Inspector Robert D. Aldrich Fire Inspector Darrel Clark Building Inspector Union 76 Self Serve Union Oil Co. of Robert D. Aldrich 5695 Hackmann Ave. N.E. California Fire Inspector Fridley, Mn. 55432 � �Darrel Clark , 8uilding Inspector Fee: 60.00 60.00 60.00 60.00 � 60.00 60.00 , 60.00 60.00 60.00 60.00 ��0 F.OR CONCURRCNCE BY THE CITY COUNCIL - LICEPjSES May 15, 1978 �pe of License: �: Approved By: , I Taxicab ' Fridley Cab � 5740 University Ave. N.E. Fridley, Mn. 55432 Used Car Lot Frank's Used Cars 5750 University Ave. N.E. � Fridley, Mn. 55432 Salvage Center, Inc. 51 37th Ave. N.E. Fridley, Mn. 55421 Smitts Motor Company , 5649 University Ave. �d.E. , Fridley, Mn. 55432 i Viking Chevrolet Inc. � 7501 Highway �65 N.E. I Fridley, Mn. 55432 Win Stephens Datsun No. Inc 7810 University Ave. N.E. Fridley, Mn. 55432 Vending Machine Assurance Manufacturing 7753 Beech Street N.E. Fridley, Mn. 55432 Central Standard Car Wash 5201 Central Ave. N.E. Fridley, Mn. 55421 Fridley Golf Driving Range 8100 University Ave. N.E. Fridley, Mn. 55432 Frank Gabrelcik Frank Gabrelcik James A. Dowds Wallace G. Schmedeke Mark Dooley Roland D. Benjamin Lance Inc. Char1es E. Puterbaugh Robert Winberg Roger M. Jones James P. Hill Public Safety Director James P. Hill � Public Safety Director Darrel Clark Building Inspector . James P. Hill Public Safety Director Darrel Clark Building Inspector James P. Nill Publ i•c Safety Di rector Darrel Clark Building Inspector James P. Hill Public Safety Director Darrel Clark Building Inspector James P. Hill Public Safety Director Darrel Clark Building Inspector Steven J. Olson Health Inspec�or Steven J. Olson Health Inspector Steven J. Olson Health Inspector Fridley Standard Oil Robert Rabe Steven J. Olson 5311 University Ave. N.E. Health Inspector Fridley, Mn. 55421 � 26 E RENEWALS Fee: 30.00 100.00 100.00 100.00 100.00 100.00 15.00 30.00 15.00 30.00 0 F.OR CONCURRENCE BY THE ciYY courvc�� - LICEf1SES �E•F May 15, 1978 RENEWALS , Type of License: �: �proved By: , Fee: Vending Machine . � Georgetown Court Apartments H. Filister Steven J. Olson 15.00 �� 5750 E. River Road � Health Inspector Fridley, Mn. 55432 � I� Holly Center Standard Robert Rabe Steven J. 01son 15.00 ��, 6490 University Ave. N.E. Health Inspector Fridley, Mn. 55432 . ' Les's Standard L. Schaffran Steven J. Olson 45.00 ' 7680 Highway #65 N.E., � Health Inspector • Fridley, Mn. 55432 Northtown Standard 7609 University Ave. N.E. Fridley, Mn• 55432 Riverside Car & Truck Wash � 6520 E. River Road � Fridley, Mn. 55432 Simer Pump � �� 5960 Main Street N.E. I Fridley, Mn. 55432 �� Salvage Center, Inc. �, 51 37th Ave. N.E. � Fridley, Mn. 55421 Steiger & Gertzen 6519 Central Ave. N.E. Fridley, Mn. 55432 Swings Spurette 6485 E. River Road Fridley, Mn. 55432 T.C. Tire & Battery Inc. 8255 E. River Road Fridley, Mn. 55432 Robert Rabe Randall Olchefski Lance Inc. Charles E. Puterbaugh James A. Dowds Ernest W. Gertzen Jahn Swingdorf Rodger R. Wedell Driving Range Fridley Golf Driving Range Roger M. Jones 8100 University Ave. N.E. Fridley, Mn. 55432 Steven J. Olson Health Inspector Steven J. Olson Healtfi Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector James P. Nill Public Safety Director 30.00 15.00 15.00 15.00 15.00 15.�00 15.00 25.00 .�i' ' ,_:% • �� ,oR CoNCURr�Ct�CE aY T�HE CfTY COUNC1l. " LI�NSE5 MAY 15 1978 GENERAL CONTRACZ'OR APPRUVED BY � Leier Inc. � 519 - 3rd Avenu�.N.W. DARREL Q,ARK New Brighton, MN 55112 By: Danald M. Leier Com. i7ev. Adm. Shepard Construction Inc. � 4601 Excelsior Boulevard; $501 DARREL CLARK St. Louis Park, NsI 55416 By: Timothy M. Burke Com. Dev. Adm. HEATING , Dayton's Bluff Sheet Metal, Inc. . 1400 E. Hwy. #36 , 5t. Paul, MI3 55109 . By: Bruce Meyer Nielsen Sheet Metal, Inc. . 395-27th Avenue N.E. Mpls., MN 55418 By: William Nielsen Sun Mechanical & Electric Co. • 1930 Glenwood Avenue • . Minneapolis, NIDI 55405 By: Sames Gus�.a.fson � MASONRY � . Sjostrom Inc. 6240 Starlite Boulevard ' Fridley, MN 55432 . �By: Myron Sjastrom .RUOFING .Bob & Sons Roofing, Inc: , 4�553 Xerxes Avenue South I�inneapolis, MN 55410 By: Dennis Daniels.� . 5WIMMING POOL . 1601 North Innsbruck Dr. By: Innsbruck North Associates 5506 Meister Road N.E. 0 ?286 2�10. 22nd Lane � Minneapolis, M23 55428 By: Innsbruck North Townhouse Association, Inc. 5506 Meis�er Road N.E. Fridley, MN. 55432 WILLIAM •SANDIN Plbg. H tg. Insp. WILLIAM SANDIN Plbg. Htg. Insp. WILLIAM SANDIN Plbg. Htg. Insp. DARREL CLARK Com. Dev. Ac'�►. DARREL CLARK Com.. Dev. Adm. r 26 G. STEVEN J. OLSON Environmen�al �ff icer • S TEVEN J . OLSON Environmental Officer ! /� / ' � F.OR CONCURRENCE BY 7HE CITY COUNCIL - ESTIf�ATES 2% Patch Erickson Madson, Inc. Architects & Planners 2311.Wayzata Boulevard Minneapo1is, MN 55405 Design Development, Fridley Garage Addition Dated March 31, 1978 Curtis A. Larson National Assn. of Independent Fee Apprais�rs 6279 University Avenue N.E. Minneapolis, MN. 55432 Curti s A�. Larson b279 University AVenue N.E. Malcolm B. Allen 403 Jackson Street Anoka, Mf� 55303 Harvey Peterson 151 Glen Creek Road Weaver, Talle & Herricic 316 East Main Street Anoka, Minnesota 55303 For legal services rendered, April, 1978 Smith, Juster, Feikema, Chartered 1250 6uilders Exchange Building Minneapolis, MN 55402 $ 1,372.00 528.75 539.40 528.75 2,045.00 For legal services rendered, April, 1978 1,780.00 STATEMENT Patch Erickson Madson,lnc. Architects & Planners 2311 Wayzata Boulevard, Minneapolis, Minnesota 55405 March 31, 1978 City of Fridley 6431 University Ave. NE Fridley, MN 55421 Comm: 7719 Re: Frid1ey Garage Addition Inv. 4053 '�`� �� a .,,�, � � �,��' � ��..R Ka .ua� Design development phase complete - fee due @ 35% of 8% of $49,000 estimated cost: Fee due Thank You $1,372.00 27 � ��G� ��fL I.F.A.S.• '�Senior Mem�er — Nationat Association of I�zdependent I'ee Appraisers b279 UNIV�RSIT� �1VFNUL' N.E. MINNEAPOLIS, MN 55�32 (612) 571-3t357 a;,';� f � ��= r/ May �+, 1978 City Manager City of Fridley, a Minnesota Municipal Corporation 6�+31 Un�versity Avenue N.E. Fridley, Minnesota 27 B RE: Marjon Enterprises, a Minnesota partnership consisting of J. L. Theisen, Barbara Theisen, Frank Springob, M. Beatrice Springob, R.P. Theisen, Fran Theisen, A. 3. Swanson and Norma Swanson; Red Ow1 Stores, Inc. a Minnesota Corporation; Ten Thousand Auto Parts Fridley, Inc., a Minnesota Corporation, and all unkown persons claiming any right. Amount of condemnation billi.ng as follows: 7 days at $75.00 per day = $525.00 25 miles .15 per mile = $ 3.75 Tota1 $528•75 7 days at $75.00 per day = �525.00 g6 miles .15 per mile = $ 1�+. �+0 Total $ 539 • 1+0 7 days at $75.00 per day = $525.00 25 miles .15 per mile = $ 3.75 Total 52 •75 Curtis A. Larson 6279 University Ave. N.E. Fridley, Minnesota 55�32 Malcolm B. Allen �+03 Jackson Street Anoka, Minnesota 55303 Harvey Peterson 151 Glen Creek Road Fridley, Minnesota 55�+32 ARLES R'. WEAVER -RMAN L. TALLE RGIL C. HERRICK BERT MUNNS ILLIAM K. GOODRIGH OMAS A. GEODE fFREY P. HICKEN UGLAS E. K�INT VCH LAW OFP�CES WEAVER, TALLE & HERRICK 316 EAST MAIN STREET ANOKA, MINNESOTA SSJ07 .141 541 J City of Fridley April Retainer Council Meetings Staff Meetings Conferences with Staff Citizens Inquiries Memos, Legal Research Ordinances, Contracts District Court: May 10, 1978 8-� hours 2-� hours 7 hours 2 hours 8 hours 27 hours Chromy vs. City of Fridley, et al Deposition - Robert Minder Deposition - William Harvey INVO{CE �'° $1,300.00 200.00 3ao.00 City of Fridley vs. Marjon Commissioners Hearing (4-13-78) 150.00 Preparation of Order 50.00 EXPENSES ADVANGED: County Recorder Fee 45.00 TOTAL. . . . . . . . $2,045.00 0 2� c 4249 TIME RECORD FOR APRIL, 197P PROSECUTION �JORK 1. Preparation, Travel and iime in Court for 26 Court Trials, 2 Pre-trial Conferences, 13 Jury Trial Appearances, 1 Jury Trial and 244 Arraignments. 2. Investigation and Process of Complaints including office conferences, phone con- ferences, correspondence and preparation of 18 Formal Complaints. 3. Court and Police Administration. � TOTAL 34 hours 7 hours � 42 hours 00 minutes 30 minutes 30 minutes DATE � � � • BALANCE FORWARDED FROM LAST STATEMENT 5-Q2-78 For legal services rendered as Prosecutor for the City of Fridley during April, 1978. April, 1978 Retalner. $1300,00 $130U.00 Time in excess of 30 hours (12 hours� 480.00 $1780,00 I C±eG��?'n liifE`�?f'r�^�.i':.-r r;''' •t ;'r--�'. +.e °S "�uCCC�Ui'� t_._.. .� ^ .. . � _ .. :. . : _ • ;�j- rec� a" - : � - _ .. . .. _ , , .—�-�-;;-� . Si�,r;i�::� �,:;�:��:=tti SMITH. dUSTER, FEIKEMA, CHARTEREO ATTORNEYB AT LAW �a m aw 0 27 D