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07/24/1978 - 5417PETER FLEMING ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING JULY 24, 1978 THE MINUTES OF THE REGULAR COUNCIL MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 24, 1978 �M•- �" i �� ..� THE FIINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 24, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE; Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CAI.L: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Counciiman Hamernik, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES; REGULAR MEETING, JULY T0, 1978; MOTION by Councilman Namernik to approve the minutes of July 10, 1978 as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF A6ENDA: MOTION by Councilman Barnette to adopt the agenda as presented. Seconded by Councilman Schneider. 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. OLD BUSINESS: CONSIDERATION OF A REOUEST fOR APPROVAL OF VARIANCES fOR SIGNS LOCATED AT Mr. Sobiech, Public Works Director, stated this is a request for variances of the Sign Code regarding setbacks and square footage requirements. Mr. Sobiech stated, since the original request, there has also been a re- quest for a variance to the Country Club Market sign which the petitioner has requested be delayed. Mr. E1liott Saliterman and Mr. Lerberg appeared before the Council regarding this request. Mr. Sobiech stated what is being proposed is placement of tfie Plaza Villa Restaurant sign directly below the sign advertising the shopping center. Ne stated this would eliminate the need for the setback variance, but would require a variance of the square footage requirement. Mr. Sobiech stated the discussion that took place at the last meeting was the fact that there were some other concerns the City had regarding signing for the entire shopping center. He stated the petitioner had comnented � on an overall signing plan they were planning to implement at the shopping center, similar to another site they have in St. Anthony. Mr. Sobiech stated the plans were for the petitioner to construct a mansard type sign that would be placed on the canopy and an appropriate type sign placed in front of this to give consistency to an overall sign pattern. He stated certain items discussed were removal of some signs and bringing into compliance the pylon sign. Mr. Sobiech stated a proposed agreement, as shown on Pages lI and J of the agenda book, outlines certain stipulations 175 � 176 REGULAR MEETING OF JULY 24, 1978 PAGE 2 the staff feels would be needed, if the variance request was approved. These stipulations were outlined as follows: (1) A proper sign plan for the shopping center which details sign height and sign materials and standards be sub- mitted to the Administration prior to August 14, 1978; (2) The mansard roof proposed to be added to the structure as part of the signing plan shall be installed on the westerly, southerly and easterly sides of the building by December 31, 1978; and (3) The pylon carrying the shopping center area identification sign shall be removed and replaced with a sign in compliance with the sign ordinance by October 1, 1983. Councilman Schneider asked why the Plaza Villa sign would exceed 80 square feet. Mr. Lerberg, of the Nordquist Sign Company and representing Plaza Vi11a Restaurant, stated it was felt the sign of 86 square feet was very important to Plaza Villa Restaurant's business. He stated what they are doing is combining the signs and having only one pylon instead of two, Councilman Schneider asked Mr. Elliott Saliterman if he would be willing to enter into the agreement with the stipulations noted. Mr. Saliterman stated his father, Max Saliterman, had a conversation with Mr. Sobiech this afternoon and his father had stated to him that he should not sign anything. Mr. Saliterman stated the Shorewood sign is in compliance with the sign ordi- nance that was in effect at the time the sign was installed, and he is not - authorized to say they would take it down in five years. he pointed out other areas in the City where there are large signs and wanted to know when the other businesses would be reducing their signs. Councilman Schneider stated when the businesses came in and it is hoped tfiat within comply with the oi•dinance. these matters would be addressed at the time requesting additional variances for other signs, a reasonable period of time, the signs would Mr. Sobiech stated he received a call from the petitioner asking that the variance request for the Country Club Market sign be delayed as the Salitermans indicated this request and the Country C7ub requesi were tvao separate items. Mr. Sobiech state�, in his opini�on, they are not separate items as they are on the same site. Mayor Nee questioned vrhat variances they were petitioning for this evening. Mr. Sobiech stated, by bringing in a revised sign request, they have elim- inated the need for a setback variance; however, the existing sign is in excess of the square footage requirement and a variance would be needed. Mr. Herrick, City Attorney, explained when someone comes in and requests a variance to have a sign larger than the ordinance allows, the Council has to determine that there is some unique situation with the property to justify the variance: He felt, if the Council was going to grant variances on tfie grounds that petitioners just want a larger sign, then they should consider changing the ordinance to allow larger signs in the first place. Mr. Herr.ick pointed out, in this case, the Council is dealing with an existing situation. Councilman Schneider stated he agreed the restaurant would need some signing; however, he is trying ta get same cas�itment from Mr. Saliterman on the non-conforming sign. Councilman Schneider stated he would suggest a proposed agreement which would eliminate the need for the setback; require a proper sign plan for the shopping center to be submitted by August 14, 1978; in- stallation of the mansard roof signing plan on the westerly, southerly and easterly sides of the building by December 31, 1978; removal of the old pylons on the north end; and leaving the Shorewood sign itself out of the stipulations, with the understanding that any expenses for enforcement of this agreement, the owner would agree to having these expenses borne by them or assessed against the property. Mr. Elliott Saliterman stated, personally, he doesn't think this sounds unreasonabie, but they would have t� subrriit it to his father to see if he would agree to it. MOTION by Councilman Schneider to grant the variance ta allow the Plaza Yilla Restaurant sign, with the stipulation that the owner, Mr. Max Saliterman, enter into the agreement, as noted on Pages lI and J of the agenda book, �„r 17? REGULAR MEETING OF JULY 24, 1978 PAGE 3 /� � : with the following changes: (1) Eliminate the followinq.words: "Section 214.046, B, 4 and 5, to reduce the minimum setback of a sign from the property line from the required ]0 feet to 0 feet ;(2) In the 5th paragraph, eliminate the words "a second free standing" and substitute the words, 'add�itional signage"; (3} To reroove Item No. 3 and repiace with a new Item 3 which reads as follows: "The existing pylon posts on the northwest corner of tfie property shall be removed by the time the new signage is installed'•; (4) Item 4 to be added which reads as follows; "The existing pylon posts on the southwest corner oi Rice Creek i2oad and Central Avenue sha7] be removed by the time the new signage is installed"; (5) Items 5 to be added which reads as follows: "Any expenses associated with the enforcement of this agreement including, but not limited to, legal costs, court fees, administrative costs, inspection costs and design costs, sha]1 be paid by the owner, his successors and assigns or shall be assessed against said property". Second�d by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO 683 ESTABLISHIP�G NEW CHAPTER 3 OF THE FRIDLEY CITY CODE ENTITLED MOTiON by Counciiman Schneider to waive the second reading or Ordinance No. 683 and adopt it on the second reading and publish, with the amendment in Section 3.03, line 2, strike the word "his". Seconded by Councilman Hamernik. Coancilman Barnette questioned the policy regarding holidays that were not covered under this ordinance, and referred to religious holidays. Mr. Qureshi, City Manager, siated the holidays in the ordinance are the ones authorized by the State statute and the City wou]d abide by these. He stated; however, he has not had a request for other reiigious holidays by any employee, but if such a situation did arise, he would consider trying to accorrenodate the request without impairing the functions of the City. Councilman Schneider stated he also spoke with Mr. Qureshi regarding this sabject end; although he doesn't have any language to insert in the ordinance to cover this situation, he did share Councilman Barnette's concern. Mr. Qureshi felt this cou7d be handled on an administrative basis. UPON A VOICE VOTE TAKEN ON THE MOTION, alT voied aye, and Mayor Nee declared the motion carried unanimously. DISCUSSION REGARDING M9ENDMENT OF AGREEMENT WITH THE STATE PLANNING AGENCY REGARDING TNE 150,000 STATE GRANT FQR ISLANDS OF PEACE: Mr. Qureshi, City Manager, stated the last direction from the Council was to request the State Pianning Agency to amend the agreement the City has with them regarding the operation and maintenance of the property and facilities funded by this grant for the Islands of Peace. He stated if the Gity is unwilling or unable to do the maintenance and operation, the State can provide this service and charge the City. Since the City has not been successful in getting this agreement amended, Mr. Qureshi felt it should be brought back to the Council. Mayor Nee stated, as he sees it, it is paragraphs 5 and 6, under General Provisions, that are the concern. He stated his concern is whether or not they cou]d anticipate a limtted or broad interpretation of the word "main- tenance". Mr. Nerrick, City Attorney, stated, as discussed with the City Manager, he felt one of the kays to the answer is what the City told the State Legislature �- they were going to do, when the legislation was initiated for the grant. He questioned if the City made any commitments, particularly in rrriting, as to what programs were to be carried on. Councilman Schneider stated he talked with Representative Simoneau regarding this item and he would like some officia] correspondence from the City as this was the first he had heard of the City's problems with this agreement. Mr. Herrick stated he is looking at the State trying to enforce a contract, r however, in order to do this, the terms have to be established and this has never really been spelled out. He stated the question of what is adequate operation and maintenance is difficuTt and felt the burden wouid be on the State to prove if the facility was being operated and maintained adequately. 178 REGULAR MEETING OF JULY 24, 1978 PAGE 4 Mayor Nee stated, if the City is limited to maintenance, he didn't see any problem, but if they are obligated to program, that is another matter. Councilman Barnette stated they have the money from the grant and felt it should be released to the Islands of Peace so they can proceed. He stated he personally doesn't feel uncomfortable w9th this agreement. , Councilman Namernik stated his main concern goes back to the discussion in May or June of last year �rhen they reviewed, with the Islands of Peace, the steps necessary to implement this program. He stated the Islands of Peace Foundation • was to come up with steps to operate and maintain this facility. � Councilman Hamernik stated he feels the City is under some obligation when the agreement says operated and maintained by the loca1 unit of government. He stated he has no objections about going ahead with the project, if the Islands of Peace can provide the maintenance and operation. Mr. Alex Barna, Vice President of the Islands of Peace Foundation, stated, as far as he knows, there was a work plan. He stated the Foundation is planning to go to Anoka County to ask them to supply manpower to maintain the island itself. He stated they intend to ask the County Cormnissioners, at their next meeting, for support in operation and maintenance and intend to go to other counties in the metropolitan area asking for their support. He stated Representative Oberstar has also been contacted regarding the possibility of additional funds fer operation and maintenance. Mr. Ed lJilmes stated the Foun�ation is getting help in their own way. Ne asked they be given ±he opportunity to go to Anoka County and other agencies to request assistance to keep the praject going. Councilman Hamernik stated he is not denying them any opportunities, but all he is saying is that he has a responsibility to watch the City's position in the expenditure of tax dollars. He felt it would be good planning to know how the Foundation is going to operate and maintain a building before it is built. Councilman Schneider stated he would concur with �ouncilman Barnette's comme ts as he fe'.t this has been a very complex matter which has been tossed back an� forth. C uncilman Schn id r st ted, hoihe er, he shared C uncil n Hamernik's concern t�at there shou�d �e a�eta�led p�an. he,stated �e wou�� suggest they ��oc �d aqd to mak sur Re esentative 5imoneau �s notified regarding the changes e �ity is attemp�ing �o m��e in the agreement. Councilman Fitzpatrick stated it has been demonstrated that it is the intent of the City that the Islands of Peace Foundation supply the maintenance and programming, and it seems this would satisfy that particular clause in the agreeroent with the State. Mr. f�errick, in referring to Page 3, of the State P�atural Resources Fund Project Agreement Project Termination, Item E-1, questioned if there was any explanation as to what the project is as he didn't see any detailed description on what'the City has agreed to do. Ne questioned if there has been some oiher project form submitted where_the City has obligated itself to specific items. Mr. Qureshi, City Manager, stated, to his knowledge, there are no written communications sent by the City other than vahat they have on the first page regarding the scope of the project. Referring to Page 4, of the agreement, Use of Facilities, Mr. Herrick stated there is some general discussion on the use and operation and under Item 2, reference is made to the project proposal attached. Since nothing is attached, he is assuming there is no projeci proposal, and what the State ' is saying is the City can't change the use without consent of the State. Item 3 referred to guidelines and he questioned what guidelines. Under Item 4, Mr. Herrick stated he didn't see anything in this section which , requires the facility to be open certain times and hours. Mayor Nee stated the agreement has already been executed and on file with the State Planning Agency. The question from the administration is whether � � ;� 179 REGULAR MEETING OF JULY 24, 1978 PAGE 5 or not the Council wants to reconsider the execution of the agreement in light of the conditions in Paragraph 6 of the General Provisions. Mr. Qureshi feit there were two questions. If the Foundation merely has a building there is a minimal cost just to make sure it is heated and lighted. If funds for this are not provided by any other agency, it would fall on the City. The other question would be the level of programming expected by the State. He felt the position the City would take is that they would provide a minimal type of programming, such as perhaps a shelter available on a request basis, depending on the City`s resources. MOTION by Councilman Barnette that the City release the $150,000 grant monies for use by the Islands of Peace Foundation, with these monies being used under the terms of the agreement between the City and the foundation; and further, to authorize the City Administration to enter into a contract with Foster Dunwiddie for the planning and supervision of the proposed building. Seconded by Councilman Fitzpatrick. Mr. Herrick stated he had a discussion with members of the City staff, the architect and representatives of the Islands of Peace Foundation about how the funds from the grant could be released and under what circumstances. He pointed out these are public funds under administration by the City and must be administered in accordance wiih the State statutes. 11PON A VOICE VOTE TAKEN ON THE MOTION, a71 voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Hamernik stated he voted in favor of the r�otion somewhat against his better judgement, since the Foundation does not have a final plan. He felt it would simpiify matters considerably if the Foundation would fuifill their planning obligations. Mr. Alex Barna stated they would have to get the architect's plan now and work that in with the types of programs they want for the Islands of Peace. Ne stated they have a plan and know what they want to do, but have to have ( � the building first. iNEW BUSINESS: � ` CQNSIDERATION OF APPROVAL OF FINAL PLAT; P.S. #78-�4, EAST RANCH ESTATES 4TH ADDITION; TNE SAME BEING 7910 UNIVERSITY AVENUE N.E. GODFATHER PIZZA : MOTION by Councilman Hamernik to approve final p1at, P.S. #78-04, East Ranch Estates 4th Addition. Seconded by Councilman Fitzpatrick. Mayor Nee questioned what constitutes this as a plat when you only have one lat. Mr. Sobiech stated it is being separated from a larger piece of property. Mayor Nee stated he felt one p]at shou]d cover this instead of one lot plats. Mr. Sobiech, Public Works Director, stated it would be desirable to have that whole section beiween 79th and 81st platted into lots and blocks, but until they get a request from the owners to do this, he doesn't think the Gity can force platting. Mr. Herrick stated the impetus for this plat came from the City. He stated he is not sure it was wise to require it be platted, as it might have been better to wait to have this included as a lot in a larger piat. Mr. Qureshi, City Manager, stated another reason for the p7at was the lengthy description of the property. If they had a simple metes and .bounds description, it could have been done by a lot split. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � I CONSIDERATION OF A PROPOSAL FOR A COlLECTION CENTER FOR RECYCLABLES: Ms. Connie Metcalf appeared before the Council regarding a proposal for a collection center for recyclables. She stated, in order to begin opera- tiort of such a center, the Project Comnittee proposed the City donate land approximately 60 X 20 feet for the recycTing center. She stated truck tops % � 180 REGULAR MEETING OF JULY 24, 1978 PAGE 6 would be used for collecting newspap�rs and bins used for metal and aluminum and glass bottles and jars. She stated, in addition to the land, signs would be needed and money to promote the recycling center. Ms. Metcalf stated it was felt this center would be best operated under the City government so that all City organizations can be.contacted and they would feel it is a community effort and not the effort be a few private individuals. Ms. Metcalf stated she has contacted Dick's Recycling and he would be willing to put up a truck box and bins to collect the recyc1able materials and then haul them. She stated he would then pay the persons who manned the recycling center. She stated it depends on how it is set up, if the money would be paid to the City and then disbursed to the organizations who manned the center. Councilman Schneider pointed out in Ms. Metcalf's letter, it mentioned the hiring of an attendant should volunteers not be available. He questioned how this would be handled. Ms. Metcalf stated the Board of Commission established to administer the operation of the recycling center.would handle this matter. Councilman Barnette asked if this was being do�e in other cities and, if so, was it successful. Ms. Metcalf stated the recyrling center in Edina has been very successful. She stated they have a commission who operates the center and outlined their hours of operation. She stated the persons manning the center do the soriing of the materials people bring to the center. She stated most of the problems in these centers come from people mis-sorting. She also siated ihere is a center in St. Anthony which is not manned and although the appearance isn't too bad, it could he rouch neater. Mr. Qureshi, City Manager, felt the City would want to encourage this on a valunteer bas�s. Ho�ever, i�P it is a City ope�ation or privately administered, the lines of responsibility should be clearly defined. MOTION by Councilman Fitzpatrick to direct the Admii�istration to draft a plan that would incorporate the Qoints discussed such as land use, signing, etc. so it can be proposed to the board or commission or type of organization that would be operating the recycling center. Seconded by Councilman Schneider. Mr. Herrick, City Attorney, stated he would prefer that the center be operated by a non-profit corporation and their liability would be limited to the assets of the corporation, as long as thE City had protection to cover any claim brought by the operation on City property. UPON A VOICE VOTE TAKEN ON 7HE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A MEMORANDUM OF AGREEMEN7 WITH MINNESOTA CRIME PREVENTION CEN7ER: Mr. James Hill, Public Safety Director, appeared before the Council regarding this application of agreemen� between the Minnesota Crime Prevention Center and the City of Fridley. He explained this is an application for the Minnesota Crime Prevention Center to work with the City to develop and implement a comprehensive, coordinated crime prevention program for Fridley. Mr. Hill stated Fridley hasn't been selected for this program, but is a likely candidate along with St. Paul and Rochester. He stated three cities in Minnesota will be selected for comprehensive crime prevention programming by the MCPC. Mr. Hi11 stated, in the budget area, there would be no exchange of "cash" ``-� either side; however, that is not necessarily consistent with the other ities that would be se1ected. He stated Fridley's proposal has been ,. �. l_: � REGULAR MEETING OF JULY 24, 1978 PAGE 7 I8] written to avoid this. Mr. Hill stated he felt the City could match the requirement of the State with "in-house" personnel who are, in essence, already working on this type of project. MOTION by Counci]man Hamernik to approve the memorandum of agreement with the Minnesota Crime Prevention Center and authorize the Mayor and City Manager to submit the application. Seconded by Counci]man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 12, 1978: l. G. W. PASCHKE; ZOA #78-06, M-2 70 M-1; S.E. CORNER OF MAIN AND 77TH STREET: MOTION by Councilman Namernik to set the public hearing for September 18, 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. WARREN MARMORINE, SAV #78-03; 7677 CENTRAL /�VENUE N.E.: MOTION by Councilman Barnette to set the public hearing for September ]8, 1978. Seconded by Ceuncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CARL PAGE; L.S. #78-03; 1085 GARDENA AVENUE N.E.: Mr. Sobiech> Public Works Director, stated this is a request to split a parcel of property located on the northeast quadrant of Gardena and Central Avenues. He stated the petitioner desires to provide an additional building site. The Planning Commission did recommend approval with the stipulations that appropriate drainage and utility easements be provided. Mr. Sobiech stated he vJished to cauticn the petitianer that, with deve7op- ment of the property, concern must be taken regarding the drainage. He stated, in future development> there must be no impact on otfier properties s��9ih drafnuge from this parcel. Mr. Qureshi, City Manager, stated bui7ding on this proposed parcel would have the greatest impact on Mr. Page's property, therefore, the petitioner sh�uld be aware of the potentiai for drainage.problems. MOTION by Councilman Schneider to approve Lot Split #78-03 as filed by Carl Page, tdith the stipulation of the five foot utility and drainage easements along the common property line between the two properties as we11 as five feet around all the property lines w�thin this lot split. Further, that the petitioner is aware of the potential for drainage problems. Seconded by Councilman Qarnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, suggested to Mr. and Mrs.. Page there might be the potential of an additiunal assessment on this property and advised them to cali the Finance Departroent before they se7] the property. 4. APPEALS COMf�IISSION MEETING OF JUNE 27, 1978: A. JUDY'S RESTAURANT, 7890 UNIVERSITY AVEPaUE N.E.: ' I Mr. Sobiech, Public Works Director, stated this is a request by Judy's ( Restaurant on 79�h and University to permit them to install a reader board. F!e stated the Appeals Commission heard the matter and recomnended denial of the request. Mr. Jerry Paschke, representing Judy's Restaurant, appeared before the Council regarding this request. Mr. Paschke stated, at the time the restaurant was constructed, a 90 foot sign was installed which was under ' the square footage they were allowed. Since that time, however, the _� _ 1�� REGULAR MEETING OF JULY 24, 1978 PA6E 8 ordinance has changed and they are now in excess of the ordinance. He didn't feel, however, the addition of a reader board would affect the area in any way, although he di.dn't know how to quite justify a sign as a hard- ship. Mr. Herrick, City Attorney, reiterated his cormnents made earlier regarding the reasons for variances. MOTION by Councilman Hamernik to concur with the recorrunendation of the Appeals Cormnission and deny the request for expansion of the sign for Judy's Restaurant as there is no demonstrated hardship. Seconded by Councilman Schneider. Upon a voice vote, a71 voting aye, Mayor Nee de- clared the motion carried unanimously. B. COUNTRY CLUB MARKET, 6225 TH 65 N.E.: Mr. Sobiech, Public Works Director, stated the peiitioner has requested this item be tabled. MOTION by Councilman Schneider to table this variance request until the petitioner is ready to submit. Seconded fiy Gouncilman Barnette. Uporr a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider io receive the minutes of the Planning Commission Meeting of July 12, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: Recess was called at 10:20 p.m. by Mayor Nee. RECCNVENED: The meeting was reconvened at 10:30 p.m. by Mayor Nee. All Council members were present. C.ONSinFRATiON OF APPROVAL FOR SUBMITTING PRELIi�tItdARY APPLICATION FOR LAWCON Mayor Nee stated there ara two LAWCON grant applications for the Counci}'s cansideration, one being Acquisition of Sears Property and the other being, Visitor's Center Building for Springbrook Nature Center. Mr. Sobiech, Public Works Director, explained these are preliminary grant applications for LAWCON grant funding. He explained, submission of these applications, does not commit the City other than to see if the City is eligible for funding. GRANT APPLICATION - ACQUISI7ION Of SEARS PROPERTY: Mr. Boardman, City Planner, stated, as far as acquisition of the Sears property, last year the figure was about $800,000 and since that time, in talking with Sears representatives, they would have to get $1.2 million for the property. Mr. Boardman stated the City is looking at this acquisi- ' tion in a three stage proposal. He stated Anoka County has been appraached regarding the south section of this property and this property is being ' placed.in the County's acquisition plan for regional trails and park usage. Mr. Boardman explained the first stage in acquisition would be the north section which would contain the high activities recreation area. The second stage would be the recreation center and the third stage would be picnic and non-active recreation facilities. Councilman Barnette asked if the Sears people have had any inquiries regarding sale of this area fior industrial purposes. Mr. Boardman stated they have had inquiries, but nothing that was sub� ! , stantial. � . � REGULAR MEETING OF JULY 24, 1978 PAGE 9 Councilman Barnette stated, if the land is used for recreation, it would be taking it off the tax base. Mayor Nee asked if any studies have been done on alternative proposals for use of the land. Mr. Boardman felt the City should 7ook into how they eventually would want the property to develop. He stated, ff it goes as residentia] or corrrnercial, � the City would probably get more taxes. He stated he did��'t know how Sears would look at rezoning of the property. He stated, with the demand for �' residential, this property is more in line for deveTopment as residentiaT. I He pointed out, however, Gounci7 should be concerned about what their l need is as far as recreation faci7ities. He stated, if the City doesn't purchase this property, the need is stili there for a high type use recrea- tion area that is fairly centrally iocated in the community. Dr. 8oi+dreau, Director of Parks and Recreation, stated they are not only looking at a play field area, but a comp]ete c�mplex. He stated this all ties in with the bikeway/walkway system and the County's p7ans. Mr. Boardman stated Sears wants to sell ihe property as a whole package. Mayor Nee asked how the City could make a commitment on the entire parcel. Mr. Boardman siated: before a commitment is made, the Counci7 would want to know about the possibility of trading the County's share of acquisition plus edditional monetary value for Locke Park. Also �uhat the Metropolitan Co�m ci7 commitment is to the County's plan for a regional trail system and knaw what the City`s positien is as far as the LAWCON grant. Mr. Boardman explained the City is classified as a fu17y developed community and can, therefore, submit as many applications for grants as they want. He stated the application limits last year were one application per community. P1ayor Nee stated, if this grant were aprrove�, i± w�uld be approved for ( F acquisition of Stage i, yet, Sears won't sell the property unless it is isold as an entire package. Mr. Boardman stated, at that point in time, if approval is given for Stage l, ihe City would have to put together a package deal and approach Sears as to what the City wants t� do and what the County �ants and determine the financing. If this can't be put together, then the City wou7dn't proceed. Counci]man Hamernik stated he has had feedback from the public regardirg concerns of taking this much property off the tax rolls. He felt it was some prime industrial property served by the main traffic artery. He stated he didn't deny the fact that the City cou7d use additiona7 recrea- tional faciliiies, but has a problem justifying it to this extent. Mayor Nee stated, in the event the grant application was approved, he felt the Council would want an economic study of ihe impact, but felt this couid be postponed unt�l they find out if the City will receive the grant. Mr. Boardman stated he could see no use in going into such a study unless the City knew if the grant application was approved. Councilman Hamern�k asked about the time limit for implementation, once an application was approved. ,(f Mr. Boardman stated, after the grant application is approved, the City has , two years to proceed. 183 Councilman Hamernik questioned the astronomical figures in Exhibit 12 of the grant application program. • Mr. Boardman stated, at this point in time, this is strictly a staff working � ; document which shows what the City is 7ooking at as an expenditure over ; a period of time. He stated, when this document is sent, the Council is � not approving those figures. , 1ga ., , REGULAR MEETING OF JULY.24, 1978 PA6E 10 Councilman Barnette stated he didn't have any reluctance to submitting the application for the grant, but felt a decision will have to be made, if the grant js approved, to answer the question whether or not the City should take this property off the tax rolls. Mr. Soardman stated the City's preliminary applications are, in fact, the final applicatiun. If Fridley would rank, this automatically becomes a final application. He stated there is about $800,0�0 of grant money avail- able in the fully developed area and generally LAWCON receives 12 to 13 applications for these funds. Councilman Schneider felt there was no risk, at this point, in submitting the application, but it would be a tough decision to make, if the appli- cation is approved. MOTION by Councilman Namernik to proceed with submission of the grant application for the three stage acquisition proposal for the Sears property, with the understanding ihat this will be thoroughly evaluated, if the grant is approved by LAWCON. Seconded by Councilman Schneider. !lpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. GRANT APPLICATION - VISITOR`S CENTER BUILDING FOR SPRINGBROOK NATURE CENTER: Mr. Boardman, City Planner, stated this application to LAWCON is for a grant -For construction of a 4,600 square foot visitor's center building for the Springbrook Nature Center. He stated the cost would be about $250,000 and the Springbrook Foundation would provide a match of funds. Mr. Boardman stated the Springbrook Foundation requested the Ciiy submit ihis application for the Grant. Mr. Herrick, City Attorney, asked Mr. Boardman if, from past experiences, he knew which grant application would rank higher. i4r. Boardman stated he felt the Sears property would rank higher based on the type of need and demand usage for the conununity as a whole. He stated the State Planning Agency has been very reluctant to fund buildings. Councilman Hamer�ik stated in Exhibit 11, of the grant application program, he was a little surprised at the activities the City indicates they are performing with the Springbrook Foundation. He stated he was not aware of the joint efforts in some of the areas. Mr. Boardman stated this is the City's total recreation program. He stated, one of the statements you need in support of this document, is what is the potential for programming and shotiving that the Ciiy is oper- ating a certain number of programs. MOTION by Councilman Schneider to approve the submission of the grant application for the Springbrook Foundation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared ihe rootion carried unanimously. ON S AND ADDING PROPOSED IMPRQVE- N{OTION by Councilman Hamernik to adopt Resolution No. 67-1978. Seconded by Councilman Sch��eider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -1978 APPROVING A COS ITY MOTION by Councilman Hamernik to adopt Resolution No. 67-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ,. RESOLUTION ND. 68-197$ DIRECTI Qnninc Tn� nrrnonnnirr idtTU �rur i MOTIQN by Councilman Barnette to adopt Resolution No. 68-1978. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 69-1978 DIRECTTNG THE SALE AND PURCHASE OF TEMPORARY IMPROVE- MENT 60NDS IN ACCORDANCE WITH LAWS Of 1957 CHAFTER 385: � . . _ � 1.8 5 RE6ULAR MEETING OF JULY.24, 1978 PAGE 11 MOTION by Councilman Schneider to adopt Resolution No. 69-1978. Seconded �� by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. i, RESOLUTION N0. 70-1978 AUTHORIZING AND DIRECTING THE .SPLITTING Of SPECIAL ASSESSMENTS ON PARCEL 3600, SECTION 2: MOTION by Councilman Hamernik to adopt Resolution No. 70-1978. Seconded by Councilman Fitzpatrick. ` i Mr. Brunsell, City Clerk, stai;ed the entire area was originally one parcel � and parcel 4000 was split off as it was over 2z acres and did not require � Council approval. Parcel 3650, however, is less than 22 acres, but the County has splii this and recorded it. He stated the assessments for all of these three properties will be an Parcei 3600 so there will be no specials on 4000 and 3650. Mayor Nee felt the City is relinquishing any participation in the platting process in that area. Mr. Sobiech, Public Works Director, stated, the City has an agreement � with the House of Lords that they can't get any more building permits. He stated, at this time, the area to i:he west of Godfather Pizza co.uld be developed without a plat. I Mr. Qureshi, City Manager, stated property can be split, without Council i approvai, as long as it is more than 2'2 acres. Mr. Herrick> City Attorney, felt the City should inquire as to how the deed was recor�ed on Par•cel 3650. Mr. Brunsel7, City Clerk, indicated he would investigate this to see when it was recorded. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee de- clared the motion carried unanimously. � � CLAIMS: � �- MOTION by Councilman Hamernik to authorize payment of Claims No. 295R04 through 201438. Secor,ded by Councilman Fi�zpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. LIC[NSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the license Clerk's Office. Seconded by Councilrrran Schneider. Councilman Barnette questioned the vendor`s license and stated, many years ago, they weren't permitted to come into the City. Mr. Herrick, City Attarney, stated if they ere approved by the State, they can't be prohibited from coming into the City. He explained the City's control is very limited and it seems, at one stage, the court said the City cou)dn't even restrict the hours of operation. Mayor Nee questioned if they could be charged a fee for using City property for this purpose. Mr. Qureshi, City Manager, indicated staff would check into this item. �• UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. / RFCEfVING COMMUNICATION AND CONSIDERATION OF THE REQUEST FROM THE JAYGEE'S MOTION by Councilman Hamernik to receive the comnunication from the Jaycee's dated July 21, 1978. Seconded by Councilman Schneider. Upon ; a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously. MOTION by Councilman Hamernik to approve the �icenses requested by the Jaycee's for liquor and food and waive the feas. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the metion carried unanimously. � 1$b � REGULAR MEETING OF JULY 24, 1978 PA6E 12 ESTIMATES: MOTTON by Councilman Fitzpatrick to approve the estimated as submitted below. County of Anoka Department of Highways • Court Nouse Anoka, Minnesota 55303 FINAL Payment for Fridley`s Share of Mississippi $ 35,373.25 Street Underpass Project ST. 1976-4 as per Agreement Between City of Fridley and County of Anoka Dated December 24, 1974 Weaver, Talle & Herrick 6279 University Avenue N.E. Fridley, MN 55432 For legal services rendered during June, 1978 $ 1,605.85 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered as Prosecutor $ 1,880.00 during June, 1978 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Hamernik to adjourn the meeting. Seconded by Council- man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 24, 1978 adjourned at 11:35 p.m. Respectf�lly submitted, Carole Haddad William J. Nee Secy. to the City Council . Mayor Approved: . -.., w ..-,.�• _�-.� �-!� MEMO T0: DEPARTt�1EN7 HEADS. Following are the "ACTIO��S NEEOED". Piease � j- v Have your answers in the City Manager's office by Wednesday Noan, 8/2/78. 1 0 REGULAR �`�EETING - �ULY 24, 1973 - �:30 P�� PUBLIC WORKS CITY MAP�AGER PLFDGE OF ALLEGIANCE: APPROVAL OF NlIi�IUTES; REGULAR �`1EFTING, Ju�Y 1�, 1978 Approved ADOPT I O�d OF AGE�JDA : Adopted as presen�ed OPElV FORU►�1, V I S ITORS : {CONSIDERATION OF ITEMS NOT Ot� AGENDA � 15 MINUTES) No resp�nse OLD BUS i �dESS : CONSIDERATION OF A�EQUEST FOR APPROVAL OF VARIANCES FOR SIGNS LOCATED AT 625� Ni�HwaY �� N�E., PLAZA VILLA RESTAURANT �I'�AX SALITERMAN)CTABLED 6�SI�� AND 6/12/7� ) , , , , , , , , , , , , , , , , , , ; �, . Approved agreement as amended AC7ION NEEDED: Inform applicant of Council action „ , 1=1K CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING AJEW CHAPTER � OF THE FRIDLEY CITY CODE � ENTITLED PERSONNEL AND REPEALING PRIOR CHAPTER 3� �.�� Z— Z� Ordfnance No.�b83 adopted with amendment in. Section 3.03, Line 2, by eliminating the word "his" at the end of the line. ACTION NEEDED: Correct ordinance as adopted and publish in Fridley Sun ' p S� ' FItdANCE EGULAR ��EETING, Ju�Y 24, 1�7� �LD BUSI��iESS (CoNTINUED) PAGE Z DISCUSSION �EGARDING AMENDMENT OF AGREEMENT WITH � THE STATE PLANNING �►GENCY r�EGARDING THE $I��,O�O STATE GRANT FOR ISLANDS OF C�EACE� � � � � � � �� 3 Approved release of gr«nt money and authorized agreement �rith Dunwiddie ACTION NEEDED: Get the agreement executed with Dunwiddie and see that grant monies are expended according to the Ciiy procedures and also requ�re appropriate documentation for �150,c�i70 match. . ' f��a �usl�+�ss: �ONSIDERATION OF i�PPROVAL OF FINAL �LATi; P�S� #7a-C�4,. EAST RANCH ESTATES ��TH ADD I T I ON; TH� SAP�lE BE T NG 7910 UNIVERSITY AVENUE ��E� �GODFATHER PIZZA)� � � � � � � � � � 4 Final P?at approved PUBLIC WORK ACTION NEEDED: Inform applicant of Council action i PUBLIC tJOR CONSIDERATION QF A PROPdSAL FOR A C�LL�CTIOM CENTER FOR RECYGLABL�S � � � � a � � � � � � � � �. � � � � � . � . 5 - � A Aministrat�on is to formulate a plan for �ounc�l consideration ACTION NEEDEQ: Prepare a prelim:nary plan for a collection center for Council consideration. CONSID�'RATION OF A�•7EN10RANDUM OF r�GREEMENT WITH i�IINNESOTA CRIME PREVENTION CENTER� � � � � � . , � . � . � 6 - 6 G Agreement approved PQL.ICE QEP . ACTION NEEDED: HavP agreement executed and foraaarded to proper authorities RECEIVING THE �'�1NUTES OF Ti-IE �LANNING COMMISSION ��EETI NG OF Ju�.Y 12, 1973 � � � � � � � . � � � � � . � 1. G.W. Paschke; ZOA #78-06, M-2 to M-1; S.E. Corner of Main and 77th Street .. .................... 7E Planning Comm. Recorrmendation: Approve & Council Action Required: Set public hearing . for September 18, 1978 .Set public hearing for September 78, 1978 IC WOR S ACTIOPI NEEDED: Make arrangements for public hearing ,,,,7-7CC - 7F 7P �EGULpR h�EETING, �ULY 2�, 1973 Pa�E j • � r---� -- PUBLIC WOR C w'OR FUBLIG WOR PUBLIC WOR r�Ev'J BUSI��ES� �CONTI�dUED) PLANNING COi�iMISSION P�1NUTES (CONTINUED) 2. 4larren Marmorine, SAV #78-03; 7671 Central N.E.......• � H Planning Comm. Recommendation: Approve & �Q Council Action Required: Set public hearing for September 18, 1978 � Set Public Hearing for September 18, 1978 � ACTION NEEDED: P�1ake arrangements for public hearing 3. Cari Page; L.S: #78-03; 10&5 Gardena Avenue N.E....... 7H - 7I Pianning Comm. Recommendatior: Approve with & 7 R- 7 S stipulation Cauncil Action Required: Consideratian of recom!�endation � Appraved with stipulations ACTIOPd NEEDED: Inform applicant of Council stipulations 4. Appeals Commission Meeting�of June 27, 1978 ................. �� - 7GC A. Judy's Restaurant, 7890 University fd.E.......... 7T - 7V Appeals Comm. Recommendation: �eny & �B B . Council Action Required: Consideration of recommendation � Request denied ACTION NEEDED: Inform.applicant crf Council denial B. Country Club Market, 6225 TN 65 N.E .............. Appeals Comm. Recommendation: /�pprove with stipul•ations � Council Action Required: Consideration of recommendation ' Item tabled ACTIOfd NEEDED: Put back on later agenda 7W - 7AA & 7CC , � � IC WOR , BLIC WOR I PUBLIC WOR � EETING, �ULY 2�, 1973 i��'l1 iiUSIP�ESS �CONTINUED) PAGE � CONSIDERA7ION OF APPROVAL FOR SUB�1I"�TING PRELIMINARY APPL I CAT I ON FOR LA►'JCO�J GRl�N�"S � ��CQU I S I T I ON OF SEARS PROPERTY)�VISITOR�S CEt�TER BUILDING FOR SPRING�ROOK i�IATURE CENTER) � � � � � � � � � � � � � � � � � � � � � � _g - S A Approved submission of both grant applications � ACTION NEEDED: Forward grant applica�Lions to proper authorities CONSIDERATION OF A RESOLUTION APPR�VIIVG FINA.L PLANS AND ADDING PROPGSED IMPRUVEMENT OF S'I°REETS ONTO THE EXISTING STREET IMPROVEf�IENT �ROJECT ST, ig78-1, ADDENDUM �Z, AND PORTION OF �`t� CCHANGE OR�ER t��) �� Reso7ut�on fdo. 66-1978 adopted ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION .�PF'RCVING A COST SHARING AGREEMENT B�TWEEN 'i"HE CITY OF FRIALEY AND TNE COUNTY OF ANOKA FOR IMPROVEP�IENTS AT THE INT�R- SECTI ONS OF TH 47 aND �SAii t�6 t��I SS I SS I PP I STREET) AND CSAH �'�� OSBORNE ROAD) �STREET IP�IPRQVEMENT PROJ ECT ST , 1°75-4 ) , , , , , , , , , , , , , , , , � Resolution No. 67-1978 adopted ACTION NEEDED: Proceed as authorized � C s � � , , , 10-lOC ;�J�;"� BUS I�'�ESS CCONT I NUED ) PAGE 5 CONSIDERATION OF A RESOLUTi�JN DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEPIENT P�ONDS IN �ICCORDANCE WITH T,�E LAws or 1957, CHAPTER 3a5 , , , , , , , � , , , , , , 1l - ll F Resolution No. 68-1978 FIiVANCE ACTION NEEDED: Proceed as author�ized CONSIDERATION OF A RESOLUTION DIRECTING THF SALE AND PURCHASE OF TEMPORARY IMPROVEMENT $Of�DS IN � �CCORDANCE WITH Laws o� 1957, �HAPTER 3�� ' � A Resalution No. 69-1978 FINAPdCE ACTION NEEDED� Proceed as authorizec� CONSIDERATION OF A RE�QLUTION AUTHORIZING AND �TRECTING THE SPLITTII�G OF SPECIAL I�SSESSf9ENTS ON PARCEL 3C�O�. SECT I ON Z � : � � � � � � � � � � � � � � . : � — � B Resolution No. 7U-1978 �, FINANCt ACTION NEEDED: Proceed �s authorized and also give the City Council background � materia7 regarding House of Lords split by the County. �LaIh1S� � � � �� . � � � � � � � � < < � , 14 Approved FINANCE ACTION �•�EEDED: Pay claims . I FINANCE I PARKS � FINANCE f FINANCE ZEGULA� �'�EETING, JuiY 24, 1973 i`�E►`i �USIi�ESS (CONTIl�UED) PAGE 6 LICENSES� � � � � � � � � � � � � � � � � . � � � � � � � i.� — a i A Approved • ACTION NEEDED: Issue licenses GETTER FROM FRIDLEY JAYCEES DATED JlJLY 21, 1978 RE CLASS C DISTRICT P�IEN' S SLOW PITCH SQFTBALL TQ�RfdA�9Ef�T AUGUSI" 19 AND 20 ACTION NEEDED: Assist Jaycees as requested ACTION NEEDED: Issue licences as requested for foad and liquor and waive the fees ESTIP�ATFS, , , , , , , , , , , , , , , , , , , , , , , , 16 - 16 C Approved ACTIJN NFEDED: Ray estimates as approved . a��au��: 11:35 P.M. � 0 , FRIDLEY CITY COUNCIL MEETING P�EASE SIGN NAME ADQRESS ANQ ITEM NUMBER INTERESTED TN DATE: July 24, 1978 NAME ADDRESS ITEM NUMBER ______________ ____ ___________________ __________ =_ -- -- ---- - - ___ __________________________ ________===q ,i�il�l/l� iclXit� C�"�- t —� � , C�i1� _ . � � � � � , �- �� :� �-- ; ��- � ; � � �, ._� . s- � �.� ,, ,� � o �c-� � � , �, G - S`",� � �� ,. r �r,��ir�, ��J'� �% �� l�� 2x �A': i t X ��;� -� J� � Y, �C"" i�; /� , �, �. -`�` �i` �' � /)✓ � � �— 1 O ; �'. ,c.v-�, / � . � ; �, � ioy�� s 0 ♦ l �/C-C C'-E ��e��:�.-� � ` �. � �j� ,� iZC G�C..�/ /� ^- �� I� �` J a_ �� 1�!_ �� y � THE MINUTES OF THE REGULAR COUNCIL MEETING OP THE FRIDLEY CITY COUNCIL OF JULY 10, 1978 . I 0 i` 9 � _� .� : - � . _ . : � . �. � .�._ ; _ ;.� � - _.._ __ _ _. __ _ . _ _ _ � - � � . 157 i THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 10, 1978 � i 1 i The Reguiar Meeting of the Fridiey City Council was cal7ed to order at 7:48 p.m: � by Mayor iVee. • � PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: i. MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, `- Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: PUBLIC HEARING MEETIN6 OF JUNE 12, 1978: � MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, a1T voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF JUNE 19, 1978: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Two items were added to the agenda: (1) Consideration of Approval of a Solicitor's License for David Sze; and (2) Consideration of Approval of Assurance of Compl�ance �-. Regarding Request for Assistance for Improveu�ent of hloore Lake. �. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Bob Calderon, Jr., 6401 Central Avenue, appeared before the Council regarding a water problem on his property. He stated a watermain broke at the corner of 64th, and he now has five inches of standing water over his entire yard. Mr. Calderon stated, for the last four years, he has had a problem with water every time it has rained. Mr. Sobiech, Public Works Director, stated the City has been working with Mr. Calderon over the last several years on this problem, however, the real solution to the problem is to insta7l a storm sewer system as Mr. Calderon's driveway is at the lowest point. Mr. Sobiech stated the City intends to try and wash some of the debris from Mr. Calderon's property created by the watermain break. He explained, if Mr. Calderon was not satisfied with this, it would be necessary for him to submit a claim to the City and it would be processed through the City's insurance company. �" Mr. Calderon stated he was told by the Public Works Department that he would have to get an estimate, submit it and wait for the findings. He felt he did ,. not want the water standing in his yard for this length of time. Councilman Schneider stated that during the rain, he observed that Mr. Calderon had several inches of standing water in many areas of his yard. He stated he checked Mr. Calderon's property, after the watermain break, and it was a real mess. He felt the City does have an obligaiion, since it was the City's watermain that broke. Mr. Herrick, City Attorney, stated the question is if the City is liable because of negligence on the City's part which resulted in the broken watermain. He / � 1.58 REGULAR MEETING OF JULY 10, 1978 PAGE 2 stated this determination w�u1d be made by the insurance company, however, if ` the insurance company didn't pay the claim, the Co�ncil would have to determine i if they would use public funds to satisfy the claim. , Mr.. Calderon stated the pipe which broke had been broken once before and had � been repaired. Mr. Qureshi, City Manager, stated the staff would loak at the problem and try and help the situation by doing whatever they can to try and clean up Mr. Calderon's yard. Mr. Qureshi pointed out, however, there is a drainage problem and if Mr. Calderon f'elt there was some interest in the neighborhood to solving the problem, he might circulate a petition for a storm sewer system. Mayor Nee asked Mr. Calderon to give the City this week to work with him to see if his property can be c]eaned up. PUBLIC HEARINGS: STREET IMPROVEMENT PROJECT ST. 1978-1, ADDEN Mayor Nee stated this public hearing has been continued from the June 19, 1978 meeting because Council �as interested in hearing from the affected property owners. � Mr. Sobiech, Public Works Director, stated a petition was received from Viking Chevrolet for the service drive, and the City did want additionai input from � all parties which would be involved in this improvement. Mr. Sobiech stated the Environmental Quality Commission had discussed the impact of the service drive and potential development that would come with construction of the service road. Mr. Roge•r Jones, cwner of the Fridley Golf Criving Range, stated the area on 81st whe�e the loop-back is proposed, a�ould put him out of business as it � would limit his area. Mr. Jones stated, if the �eople to the North need the serv9ce drive for development of their property, he would have no objection to that, bat as far as the service drive coniing past his property, it would put him aut of business, . Mr. Mark Dosley, representing�Viking Chevrolet, stated they have plans to deve1op their property and pointed out the costs for construction of the service drive would go up every year. Councilman Hamernik questioned how serious Viking Chevroiet was about development on the North side of 83rd. Mr. Dosley, stated they don't have any definite plans at this time. He stated, ho�vever, they would be interested in having part oL the service drive constructed. Mr. G. B, Holmes, representing the Metropolitan YMCA, stated his division holds title and makes decisions regarding all lands. He stated, regarding this particular improvement, the YMCA is not in favor because, at this point, they do.not feel it benefits the Y's property. He stated it would benefit the sfiopping center to be constructed in Coon Rapids and provide access for Viking Chevrolet. He stated, if this improvement is constructed, the YMCA would be asseSSed $�6,000 and for the record, he stated they are nat in favor of the iroprovement. Councilmar� Barnette questioned Mr. Holmes if he had any idea when the YMCA would be constructing a facility on their property. Mr. Holmes stated the facility would be paid for from private monies and donations and in 1�72 and 1973, $15,OOO,G00 was raised for thei•r priorities and stated they are now starting the secor,d phase. He stated General Mills has given them �1,000,000 and when the money is raised, they will begin construction. He explained the plan wouid call for this to begin in the early 1980's. � , 1.59 REGULAR MEETING OF JULY 10 197$ PAGE 3 Mr. Dave Larson, 6200 Stinson Boulevard, stated he was a member of the Board of Managers of the Eastside YMCA, and questioned why the road had to go anywhere near the Y's property. He stated the YM�A is a first-class operation and would, like the facilities in Fridley that the "Y" offers. Mr: Narry Rosenbaum, Vice President ef LaMaur, Inc., asked that the burden of � the assessment not be placed on the YMCA so that they are able to build in Fridley as he felt a need exists for this facility. Mr. Dosley stated they didn't want to put any undue burden on the YMCA, but persons who were involved in the fund raisiny drive in T972 and 1973 were told they would have a facility at the Fridley location. Mr. Holmes stated there was a iist of 21 priorities that were established and this is documented in the Eastside board minutes. Mr. Herrick, Gity Attorney, stated it was misrepresented as the fund raising drive was for a facility in Fridley. Mr. Langenfeld, Chairman of the Environmental Quality Commission, stated the Comnission would appreciate the Council deferring any action on this item until a study is made regarding the control of run-off from the development of this area. Mr. Sobiech stated there was a statement put in the June 79, ]978 Council minutes regarding the Comnission's concerns on future development in this area. Ms. Lee Ann Sporre stated the statements put into the record were recommendations she had made, however, subsequent to this, the Commission took a field trip to this area and as a resu7t, the Correnission did make some recommendations. She stated the Environr�ental Quality CorrQnission's intent, at this time, is only to defer action. No other persons in the audience spoke regarding this proposed improvement. � Y Mayor Nee pointed out that most of the affected property owners are either opposed or have not expressed any opinion. MOTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:55 p.m. Mr. Sobiech stated the resolution to order the improvement is on the Council's agenda this evening since, if approved, it could be included with the existing ]978 street improvement program. The CounciT, therefore, proceeded to consider the foliowing item, shown as Item 12 on the agenda. RATIQIJ OF A RESQLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS MOTION by Councilman Hamernik to adopt the above resolution. MOTION FAILED FOR LACK OF A SECOND. MOTTON by Cauncilman Hamernik to adopt Resolution No. 57-1978 ordering the improvement for construction of the service drive oniy from 83rd Avenue South to the south border of the Viking Chevrolet property. Seconded by Councilman Barnette. Councilman Hamernik stated he is not entirely in favor of doing this in a piecemeal manner, but it would give Viking Chevroiet the opportunity to have property available for development. He stated he was not in favor of putting the burden on Mr. Jones by having the service drive past his property, as long as Mr. Jones is willing to take the chance of increased costs in future years. Councilman Hamernik stated, if Viking Chevrolet now had some definite plans as to ' how they would want to deve7op their property, possibly some alternative plans could be made on the roadway pattern. 1.6U / REGULAR MEE7ING OF JULY 10, 1978 PAGE 4 Councilman Fitzpatrick stated the Counc;l had a request from members of the Environmental Quality Cormnission to postpone action on this matter, but he is under the impression the area the Council is now consider�ing for construction of the service drive is not their area of primary concern. Councilman Fitzpatrick questioned if the members of the Con�nission were talking about , the area mainly north of 83rd. Ms. Sporre stated they were talking about decisions that would affect waterways of the City. She stated the Metropolitan Council attorneys advised them that decisions in a piecemeal approach can jeopardize the planning of the area. She stated the City wouldn't want to do things now that would lead to problems in the future, and cited the Springbrook district as an example. Mr. Sobiech stated, in the Comprehensive Sewer Report, it is stated the City must come up with some comprehensive guidelines for development outside the Watershed District. Councilman Hamernik stated the City is taking steps, when building permits are issued, to control run-off and felt they are giving consideration to the problems Ms. Sporre is addressing. He stated he didn't really feel that putting in this portion of the serrice drive would have that much impact regarding her concerns. Ms. Sporre stated the Commission established the position that the City has to take a more adequate approach to the olanning in that area. Mayor Nee stated the alternativ° to putting in the ser•rice drive wouid be not to allow any development at all. Ms. Sporre stated the courts have ruled you can limit the use of the property, if it is detrimental to the environment. Couneilman Fitzpatrick stated he couldn't see thai a frontage road, south of 83rd, would have a great impact on the area, but felt the question is much more sensitive farther north. Ms. Sporre stat�d they are proposing that the environmental overlays be used and that the City initiate a policy of controling and reviewing the property in that area so that the proposed developers wouid be held accountable for the iong range planning. Mr. Sobiech stated the actual control would be with the building permit to ' insure that retention/detention is provided on the site. Councilman Schneider stated he is concerned about the environmental aspects as there a•re some problams in the area, but felt the Council iias to weigh that against a growing concern abaut bus�ness that is suffering because of lack of access. He didn't feel that construction of the service drive south of 83rd would significantly increase the run-off. Mr. Langenfeld stated, in listening to the discussion, this is only a small section of road, but if the City keeps on going with development, what is going to happen to the run-off. Ne stated they are trying to make Council aware of the potential problems, and seriously consider the impact. He felt a,thorough study should be done in regard to roads, potential development, etc. Mayor Nee asked, if a development control ordinance was adopted, wo�ld a frontage road be al1owed. He stated, it seems whatever study is made, the City is still required to provide access to the property. Ms. Sporre felt the City should know the facts on the total volume, runoff rate, time to peak runotf rate or shorten the overall runoffi, or decrease ihe natural � rate of absorption. . Mr. Sobiech questioned if she was talking about the total development of that area. Ms. Sporre stated she is referring to this particular situation. � ; Mr. Sobiech stated that the information could be provided that Ms. Sporre wished. lEil �': REGULAR MEETING OF JULY 10, 1978 PAGE 5 UPON A ROLL CALL VOTE TAKEN ON THE MOTION, Mayor Nee, Councilman Qarnette, Councilman Schneider and Councilman Hamernik voted in favor. Councilman fitzpatrick voted against the motion. Mayor fyee declared the motion carried by a 4 to 1 vote. OLD BUSINESS; ORDINANCE N0. 682 RELATING TO THE SALE OF REAL ESTATE OWNED SY THE CITY OF FRIDLEY: MOTTON by Councilman Schneider to waive the second rsading of Ordinance 682 and adopt it on the second reading and pubiish. Secanded by Councilman , Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: IDERATION OF FIRST READTNG OF AN OP,DINANCE ESTABLISHING NEW CHAPTER 3 Counci7man Barnette questioned how other religious holidays not covered in the ordinance, would be handled for persons who do not celebrate the ones outlined. Mr. Qureshi stated, basically, they would adMere to what Council authorized by the ordinance. Mr. Herrick, City Attorn2y, stated states and cities have adopted certain legal holidays and didn't think the City ought to be in the forefront of resolving a question of this nature. He stated he doesn't recall this qaestion coming up as far as the City is concerned. Councilman Barnette stated he knows that in the School District it is handled on the basis of personal leave. Councilman Barnette also questioned the reasons for the changes. Councilman Fitzpatrick felt some of the reasons for the changes were covered in the memo on page 3C ef the agenda book. MOTION by Gouncilman Hamernik to waive the reading and approve the ordinanee upon f9rst reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNIN6 COMMISSION MEETING OF JUNE 21, 1978: MOTION by Councilman Schneider to receive the minutes of tfie Planning Comnission meeting of June 2l, 1978. Seconded by Counci7man Barnette. MUNN'S HTLLCREST ADDITION, P.S. #78-05: MOTION by Councilman Fitzpatrick to set the public hearing for July 17, 1978. Seconded by Councilman Schneider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. � RECEIVE LETTER FROM MR. KEN KORIN, 6051 BENJAMIN STREET N. E.: MOTION by Councilman Schneider to receive the letter from Mr. Korin and request a report from the staff. Seconded by Councilman Hamernik. I` Mr. Sobiech, Public Works Director, stated staff could make a verbal report at j I this time, if the CounciT so desired. He stated the City staff has met with al'F parties involved regarding development of the remaining parcel of property by Dailey Homes in the Zander Addition. He stated a building permit has now been taken out for that remaininq parcel and construction will begin ort the home. Mr. Sobiech stated he believes Mr. Korin is satisfied with this action and the City will keep in touch with him. � j UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared � the motion carried unanimously. � 162 , REGULAR MEETING OF JULY 10, 1978 APPEALS COMMISS?ON MIHUTES OF JUNE 13, 1978: PAGE 6 A. DICK'S AUTO PARTS, VARIANCE, 7300 CEN7RRL AVENUE N. E., RICNARD LORENTZEN: Mr. Sob�ech, Public Works Director, state� this is a request for a variance to increase the maximum screening fence height from 8 to 10-1/2 feet.on Lot 18, ' Block 1, Central View P�anor at 7300 Central Avenue fJ. E. He stated the owner installed the fence section in order to better screen the car processing area from the public. Mr. Sobiech stated the property owner has complied witl� recent environmental f•equests such as striping the parking lot, moving junk vehicles into the screened area, weed cutting, landscaping and a sign permit. The Appeals Commission has recort�nended approval of the variance. �OTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and gran� the variance of 2-1/2 feet. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADDITIONAL COMMEYTS: Wir. Dick Harris, Chairman of the Planning Cosianission, stated he wished to discuss two items with the Council; the first being Munn's Hillcrest Addition, P. S. #?8-05 and the possibility of a liaison to the Airports Study Commission. , i Fir. Qureshi, City Manager, stated the matter of appointment for aliaison to the ! �irports Study Commission was discussed and Councilman Hamernik had suggested a � citize� to be appointed. He stated, however, the matter was resolved that a staff ; persan should be apoointed to serve as liaison. Ms. Sporre stated she has attended all of the hearings regarding the possible expansion of the Anoka Caunty Airport and noticed the absence of a responsible person from Fridley. Mayor Nee stated that C7yde Moravetz of the City staff has bzen appoir�ted tu attend these hearings to bring back information, but not to speak for the City. Mr. Harris stated, regarding Hillcrest Addition, that the Planning Commiss�on is havinq difficulty in recommending the plat without knowing the Council's iritentions on the public land. Ne felt, if it was going to be used for park land, they should determine ��here the access would be. Mr. Herrick, City Attorney, pointed ou� if the Council is goi�g to talk about d�v27opment of the area, this should be discussed at the public hearing on July 17, 1978 when the petitioners will be present. Mr. Harris stated the Cormrission's concerri was with the use of the public lan� and Council's intentions for this property. Mr. Qureshi, City Manager, stated the City does not own that property, but only has an easement for drainage purposes. Ne stated, if the Council de- sired �o use the property for park purposes, the City would have to acq�ire it. He stated, at this time, however, the City only has a drainage easement on the lots. Mr. Qureshi stated the developer will be required to submit a plan showing how the land would eventually be drained. Mr. Herrick, City Attorney, pointed out if there is a natural drainage that would be allowed to continue as a matter of property righi. If there are going to be improvements in the area dedicated for the drainage easement, the City j could require the petitioner to make the improvements or the City couid ! do them and assess those properties that will benefit. Councilman Fitzpatrick questioned if all three of the public lots would be oeeded for drainage. , Mr. Sobiech stated they didn't know at this time, however, a drainage plan r would be submitted for the development. I l .., REGULAR MEETING OF JULY 10, 1978 PAGE 7 163 Councilman Fitzpatrick stated the Planning Commission is questioning, if it was definite that there would be a park provided in this area, they wouldn't want to make a recommendation that would preclude it. Mr. Harris stated their concern is with the access. Councilman Fitzpatrick pointed out, as far as access, there is still a potential through Meyers Avenue. Mr. Harris stated he thought Meyers Avenue wasn't going to be deveioped in the near future. Mr. Herrick stated, even though it wasn't improved, it wouldn't preclude Meyers Avenue as an access. Mayor Nee stated he didn't see that using the property as a drainage easement would preclude using it as a park. Mr. Herrick stated it wouTd seem the Planning Commission sfiouid consider the plat and drainage and make a recommendation to Eouncil. Mr. Narris stated, if ihe Councii decided to acquire the property for a park, then that would have a definite effect on the Commission's decision on the plat. Mr. Harris stated he wouid advise the Commission of the discussion this evening. RECYCLING PROJECT REPORT: Mr. Qureshi, City Manager, stated he wished to bring this item to the Council's attention as Ms. Connie Metca}f had called him and v�anted to get some feeling of the Council•on the direction of this effort. He felt the question is, what, if any, resources the City wishes to commit to this venture. Both Councilmen Schneider arid Fitzpatrick stated Ms. Metcalf had contacted tham and she wanted to get further information and coRe back with a propasal. Mr, Dick Harris, Chairman of the Planning Commission, stated he discussed this item with Ms. Metcalf and she carne forward with a proposal that the recycling center be on public lands and the Sub-coirenittee would become an an hoc committee and run the cerrter. He stated he pointed out there were severa'l problems and had asked her to put together a proposai on how it was going to operate. He stated he also pointed out that there would be some liability on the City's part, if the recycling center was on pu�lic land. Mr. Qureshi stated he wanted to make sure the Council knew about this item and it will be brought back when Ms. Metcalf wished to make the proposal to the Councii. . UPON A VOICE VOTE TAKEN ON THE MOTION TO RECEIVE THE PLANNING COMMISSION MINUTES, a1i voted aye, and Mayor Nee declared the motion carried unanimously. RECESS: Reeess called by Mayor Nee at 10:35 p.m. RECONVENED: The meeti�g was reconvened by Mayor Nee at 10:50 p�.m. All Council members were present. RECEIVING THE MINUTES OF THE POLICE C:VIL SERVICE COMMISSION MEETING OF MAY 17, 1978: MOTION by Councilman Hamernik to receive the minutes of the Police Civil Service Corrrnission Meetinq of May 17, 1978. Seconded by Counci]man Fitzpatrick. Upon a voice vote, all voting aye, Mayor declared the motion carried unanimously. �6� REGULAR M�ETING OF JULY 10 1978 PA�E 8 RECEIVIN� PETITION N0. 17-1978 REQUESTING STOP SIGPI ON BAKER AVEPlUE RND WEST MOORE L�KE DRIV[: AND RECEIVING PETITION N0. 18-1978 OPPOSED TO STOP SIGN ON BAKER AVENUE AND WEST MOORE LAKE DRIVE: - -"�—" MOTION by Councilman Barnette to receive Petitio�s No. 17-1978 and 18-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion una�imously. RECEIVING PETITIbN h0. 19-1078 REGARDIP�G CLOSING 3RD STREET A7 60TH AVENUE: MOTION by Councilman Fitzpatrick to receive Petition No. 19-1978. Seconded by Councilman Hamernik. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried uranimously. Mrs. tiegna, 6050 3rd Street N.E., stated she was the person who submitted the petition. She stated the reason it was submitted was because of excessive traffic on 3rd Street. She stated this street is being used as an alternate route to University. Mr. Sobiech, Public Works Director, asked if this has been discussed with the neighborhood council. He stated the City is in the process of ordering truck )�ad limit signs to try and eliminate truck traffic in the area. ; Ms. f'at Gabel, 5947 2-1/2 Street, felt this might be the way to go through 4 the neigliborhood ccuncil, but that would take some time and there is a problem. tQr. Sobiech felt some access would have to be allowed in order to get to the commercial establisi�ments and that it might be best to wait and see the results of the load limit signs. Hiayor Nee indicated the City is aware of the problem and it is a matter of studying it to find ways to eliminate some of the traffic through the res9dential . area. SIDtRATION OF DIR�CTTNG STAFF TO SEEK INFORMATI0�1 R C6NSI�ERATIOP! Or= LEASE OF PROPERTY NORTH OF CITY HF,LL: �OTION by Councilman Hamernik to direet staff to prepare a draft letter for Council approval that would be sent out for proposals regarding a maricet siudy for the downtown area. Seconded by Councilman Bar•nette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Brunsell, City Clerk, stated consideration is for a one year lease, with an aption to purchase the property, north Qf City Hall, for $275,000. He stated this price is bElow the assessor's est�mated market value. Mr. Brunsell stated they are projecting revenue of $37,700 and expenses of about $42,900 or a$5,200 loss the first year. He stated, however, when you consiaer the amount of money you lose in relation to the value of the property, this is a very small percentage. Counci�man Schneider asked how confidPnt they were of 90� occupancy. Mr. Qureshi, City Man�ger, stated it has a risk and felt the administration didn't want to underplay it. MOTION by Councilman Hamernik to authorize the Mayor and City Manager to � execute the lease with the addition that the City would be permitted to assign the lease and the option any way they chose. Seconded by Councilman Schneider. � Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. NEW BUSINESS: I CO1vSIDERATION OF APPR�VAL OF SIGN PLAN FOR 5KYWOOD MALL: r Motion by Councilman Schneider to table this �tem and have staff contact the property owner to be present. Seconded by Councilman Barnette. .Upon a voice vote, all voting aye, Mayor Nee declared the mo*ion carried unanimously. ; � � . �__ __.____ REGULAR MEETING OF JULY 10, 1978 PAGE 9 RECEIVING BIDS AND A4lAFDING CONTRACT FOR STR[ET IMPRQVEMENT PROJECT ST. 7978-6 HEATER-SCARIFYING PROGRAM : Mr. Sobiecfi, Public Works Director, stated two bi�s were received for this project. It was recorr�nended the bid from NDff be accepted, contingent on the City receiving approva7 from the State r•egarding funding for this project. � Councilman Schneider suggested, if they proceed with this project, that a flyer be delivered to the affected properties explaining that this is a maintenance improvement program and that they are not going to be assessed. MOTION by Councilman Hamernik to receive the following bids for Street�Improve- ment Project St. 1978-6, and award the contract to NDH, contingent on State approva] for funding of this project. PLANHOLDER BID DEPOSIT LUMP SUM BID REMARKS Hardrives, Inc. 5% � $140,719.71 3030 Harbor Lane, Suite #216 St. Paul fire & Minneapolis, MN 55441 Marine NDH Asphalt Inc. 700 Industry Ave. NW Anoka, MN 55303 Albany Industries 603 E. Main St. ATbany, WI 53502 C.S. McCrossan, Inc. 8ox AD Osseo, P1N 55369 Total Asphalt Construction Co. 475 W. Minnehaha Ave. St. Paul, MN 55103 5% $T37,775.13 Completion American Fidelity 9/15/78 Fire Ins. Co. No Bid No Bid No Bid Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING MOORE LAKE cVALUATICN AND RESTORATION PROJECT REPORT: etin N0. 56-1978 REQUESTING FEDERAL ASSISTANCE FOR IMPC 9 APPROVAL OF ASSURANCE OF COMPLIANCE: AND APPROVAL Of GRANT APPLICATION DOCUMENTS: MOTION by Councilman Barnette to receive the D1oore l.ake Evaluation and Restorat�on Project Report. Seconded by Councilman Schneider. Upon a voice vote, aT1 voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to adopt Resolution No. 56-1978 requesting Federal assistance for implementation of recormnended improvements; Moore lake. Seconded by CounciTman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to authorize the Mayor to execute the agreement of Assurance.of Compliance. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Ceuncilman Schneider to approve the grant application documents. Seconded by Counciiman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carwied unanimously. . 57-1978 APPROVING FINAL PCANS -1 165 ; i �_ . � REGULAR MEETING OF �IULY 10, 1978 PAGE 10 MOTION by Counr.il!han Fitzpatrick to adopt Resolution No. 57-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: ' � MOTION by Councilr.ian Fitzpatrick to approve the licenses as submi�ted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, dll voting aye, Mayor Nee declared the mation carried unanimously. SOLICITOR'S LICENSE: MOTIoN by Councilman Schneider to approve the solicitor's license application for David Sze. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Namernik to authorize payment of Claims No. 171A30 through 191537. Seconded by Council»an Barnette. Upon'a voice vote, a1i voting aye, Mayor Nee declared the motion carried unanimously. ESTIh1ATES : MOTION by Councilman Schneider to approve the estimates as submitted. City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Discharge of cooperative joint-use store sewer outfall line under Storm Sewer Improvement Project Pdo. 12 $ 17,876.85 N.D.N. Inc. 700 Industry Avenue N.�1. Anoka, MN 55303 Street Improvement Project Sl'. 1978-1 PARTIAL ESTIP4AiE �2 Street Improvement Project ST. 1978-2 PARTIAL ESTIMATE #2 Street Improvement Project ST. 1978r4 PARTIAL ESTIMATE #2 $100,254.i4 $ 34,185.90 � $,s�o.�� Association of Metropolitan Municipalities 300 Hanover Building 480 Cedar Street , St. Paul, MN 55101 ' Membership Cues for Year Beginning June i, 1978 and i ending May 31, 1979: $ 3,023.00 Seconded by Councilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. AOJOURND1�NT : . MQTIOty 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 Regular Meeting of the fridley City Council of Ju1y 1�J, 1978 adjourned at 12:05 a.m. Respectfully submitted, / Carole Haddad William J. Nee Secy, to the City �ouncil Mayor Approved: � 166 i i i � � ` � e � c � � , � , 1 . . ; .�� - - ,, .. . _ � ... __ . ; , . _ _ _ . .___ _ ,�.,,.... .. .�, ,�, �. Y,�._ t�,>,; �, i � . , .... . � � � '_:_...�,�...._..._.�......_'._._..��. ...._.._..�........a..._....,..._ , , ;,�-�,, �.- f,.:,_,�.�; -� V..,,�,_... ...-Y-.-,......., �.�.�...�,.+..t..v.+.�w�.ee,+e-..�+�'.s-,.....n�t.w�.e.�ws-4•y+1,.�.r-nr-C-s;. �.vt .^r.�r..r`.: ..� . `"� ' '�'s"'� , • ,\ . .. ` . ' �� •. \ , ��. �� . `� � . � , . �.r»r�...:w<:...:..�.».k..�. .:,.....+:..w ..�,...,�,....t.a+a.....:.�..._..>,.......�.r,_..... . i�-r . 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SlIORE4JOOD SNOPPIhiG C NTER, 6225 G'if:A Ttl Gl.:.• . 1� �___________��._� VILLA RESTAORANT) � Mr. Sobiech, Public t•lorks birector, stated this is a request to permit a variance to the fr•ee standing sign requirement at the Shorewood Plaza 5hopping Center to ircrease the maximum square footage from EO square feet to 344 square feet. He st.ated there presently is an existing free standing sign of approximateiy 250 square feet and the additional variance requested ls to reduce the mimimum setback for the sign from the required 10 feet to "0" feet, to a])ow const�°uction af a second free standing sign at the Shorewood Shopping Center. Mr. Sob9ech stated this item was heard by the Appeals Commission and they". recommended denial for several reasons: (1) because of a lack of information, including an overall plan for signage that fiad been requested by staff; (2) excessive �quare footaye of the existing sign; (3) because of a prior request that the sign be re��oved; (4) a traffic safety factor resulting from the pylons being located directiy next to a drivewuy; and (5) having 1:wo pylon signs for a shopping center may not be desirable. Mr. Sobiech stated they have indications from the Shopping Center owner, Mr. Saliterman, that they would li4:e to incorporate a mansard signing system into the existing structure which would, niore or less, present a scheme for the entire shopping center complex. lie stated he hoped they would have a plan that coald perhaps incorpnrate the Shorewood Piaza existing sign, with the new business. Mr. Chuck Nordquist of ihe Nordquist Sign Company, spoke on behalf of P1aza Villa Restaurant, and felt the free standing sign vras absolutely necessary for the restaurant. Fle stated he believed the shopping center is allowed two pylon signs and they now have one existing sign and this wauld be the second. Counciiman Schneider stated a new Sign Ordinance has been developed, since the King Chalef; went out of business, and it was the Council's iniention, when they asked the s�gn be removed, that the pylon also wou7d be taken down. He stated the City hasn't aciivety pursued trying to get the pyion taken down because by August ] plans should have been submitted for signing. CounCilman Schneider explained the intent of the free standing signs in the shopping center were to identify the shopping center and the signing on the bui2cling itself would be used to identify each of the businesses within the center. Mr. 4dyman Smith stated the py7on sign was a$10,000 investment for ' . Mr. Saliterman whicti hasn't been amortized as yet. He stated when it wears out, it r�ill be replaced wii:h a sign that wouTd conform. He stated Mr. Saliterman is ►�ere this evening and would confirm the fact that he was in agreement with the City staff's expectations with making improvements around the existing sign wiih some greenery, curbs, etc. Mr. Smith stated the sign p]an for the center will take a number of months to cornplQte, however, the s�t� has been notified of their intentions. Mr!►Saliterman stated, initially, when they were trying to rent the King Chalet property, part of the real property included the possible use of the existing sign and then the ordinance was ctian9ed and they would again like to use the existing sign, He felt the identificati�n sign would be very important for � , the new restaurant going in the shoppin9 center. i � Gouncilman Schneider stated the probTem is, if they approve this sign, there is no way the shopping center can be in confermance with the Sign Ordinance because this sign alone is over the niaxinius� allowed. Mr. Sobiech, Public ldorks Director, asked if they had looked into the possibility cf incorporating the restaurant signing into the pylon. �� 1 B REGULAR MEETIP�G OF JU�dF. 5, 797�3 PAGE £3 Mr. Saiiteri�ian stated Mr. Sobiech's point is a valid one, but what is then to prevent all Lhe ott�er businesses in Lhe shopping centcr requestin9 the same consideration. Mr. Saliterman stated ttiey are almost ready to let contracts for the mansard signing r�hich will be built a few feet behind the existing signs. He stated the existing signs at this time wili remain just above the canopy, as they are now. Mr. Sobiech asked about the Country Club sign �•�hich now exists. Mr. Saliterman felt they would be agreeable to coming down on the canopy with their sign. . Mr. Saliterman then explained his plans for the mansard signing. Mr. Sobiech stated he didn't have any problem with the concept, but is trying to get a decrease in the amount of footage and do away with the existing pylon. Mr. Wyman Smith stated he would agree that once this center expands, then no longer will the existing sign meet the needs and the sign will be changed. Mayor Nee questioned the 7ife of a free standing sign. Mr. Nordquist felt the existing pylon sign would be good fi'or another six or seven years. Mayor Nee asked Mr. Saliterman if he rrould be willing to change the sign in six years and he stated that would be a possibility. Mayor Nee stated he does not like to disagree with the recammendation of the Appeals Commission, but did feel the restaurant sign was needed. Councilman Schneider staied he ��aouid feel more agreeab7e to allowing the proposed sign, if the owners could show a movement ln bringing the sign into compliance a�ith the code in a certain period of time. Mr. Sobiech staied this is the reason why staff felt i;he need for an overall sign plan. Councilman Schneider felt the objective would be to get the overall plan, and an agreement regarding the mansard sigr�and ��hat steps would be taken by the owner to bring the signs into compliance with the Sign 6rdinance. F10TION by Councilman Schneider to table this item and refer it to staff for further work and information. Seconded by Counci7man Fitzpatrick. Upori a , voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. MOTIQN by Councilman Fitzpatrick to receive the minutes of the Planning Commission nieeting of May ]7, )978. Seconded by Councilman Barneti:e. Upon � a voice vote, all voting aye, Mayor Nee declared the motion unanimously. RECEIVING THE CABLE TELEVISION COMP1ISSION MINLTES OF MAY 18, 1978: MOTION by Councilman Hamernik to receive the minutes of the Cable Television Comr�ission meeting of May 18, 1978. Seconded by Councilman Barnette. Upon d voice vote, all voting aye, Mayor Nee deciared the motion carried ananimous)y. Mayor Nee stated he expected staff would handle the request by the Co��ission for the $2,000 for the equipment. . � RECEIVING CkARTER CQMMISSION MINUTES OF APRIL 18, 1478: MOTtQN by Counci]man Fitzpatrick to receive the minutes of the Charfier Coomission meeting of April 18, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��'T,�> �.�1111lTr��Tn11 1`1;;:��T�Y.lir � 1��`l ..��J �i 13:%�i�.�.. _ _ _,�.�. . 1 C ; Cl�a:irper�on �chnabel �aicl 1:ha�t i£ i-1�:o Uvr-,n �•r�n�ec �;o make �.he inve.,�.r�en�I;, �nd si.nce i1; c�a:� her hau^e, �he a�so ha.d. no o'�je.c�L-ions. 1�r. i�arna �o:i_n�;ed out thai; �;he a.dd::��ion ��ou7_c� adc� to �h�:.� val.ue �i' i;he h�u��. 1Ir felt i;hat : he ti•�ould clefinit;e:Ly profit fror.i t;hc� ad�.ition beca.ur;e of the rapid pac:e �he v�3.lues of house�: �tvas risin�. I�Ir. Y��r.lper noin�Led out that :if r��p 0�� en had decided to tear do�:rn the exi; �i.n� � truc �ure �:nc� bui�d a ne�! hou�e �n that 1oi;, ihe 11ppe�J.� Cornmi�sc�ion �:rould r.1a�t �il�ely denJ t;h� rec�ue��. IIo��rever� he still qucstivned �ahethcr the addition to the houve on a�-0 foot lot �hould be a11o�•ted. I-is, Gabe7. sazd that �Lhe particular r.ei�hborhood provide� mttch loi�-inco!�e ;nousin�Q She said she ti�ould li.l�e. �o se? tha.t are�. up-E;ra�;e�a I�iO'.I.'IO:T by i�1r. Barn�, seconc�eci by I�1r� P1.e�e.l, th�.� the �`,r��ea.ls Comr��ission recor�nen:l ap�rova�. o£ t��e rec�ues� for va.rian.ces of the Fridley Ci�J Code as follo:��;�: �ection 205.�53i4sJ�2� to reduce �he re.�uired sicle �ard se�ba_c.�, fro;� 13 feet to 8o`T fe�t; and Section 205�O�j9�'J� to r�c?uce tl��e r.►iniinum lat �•ridt'_z fra�� 5� �eet �0 40 feet; and aec�ion z05o053, 1,Pg to reduce the 1e � area z�F��tz:�red for a lot recorded before DecEr.i�er 29, 1�55 fror.� 7�G0 square f��t �a 521 °�auare ieet; �o allo�� a 20 fcot by 20 foo� adci��ion to an exi.stin� le�;al n�n-conforr-linr� r�;s�iden� i�_l si;ructure in C-2 zor�in� (Genera? �3u�i.ness are�s), located en Lat ?_1� riock 22� Hyde Par.r>s , the s��.me bein� �321 2z Stre�t :1]:' F.s:i.c?1�5 � A�`i�ia UI'Oi� A VOICE VOTE, ��r. 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T ('1} f � . . � (� ..��Tt A. 1/�� -1 1l / -1' T 71 `I n ��-• :il 1,TOq��/� i'l.J t-l�l �)_ ,�1�\.I �i,l )��\/1L �1�'1\,�t�t!� _1�1�1.,Tli`-'` l/ 1=r`' t�? 1J�il/i1r� �.l1� ^=^w�vu� - r � 7'r � , 1 r .. ' ��- - � , -� - � .i-, � r: T r.. �...�.-�.�..�..,� � -._ . . �2� ��I_�__�___Gr�.,ti.�-b �. 1 E.1�.L.._ �., ili.� �--; ,;, ,, ��P � -, ,,-; �; �---- ,_�„ ;.- ,,T „�'�?' ' '' C()t•IPIiNX, ].�.. U�� Y t,ri�i� Cr,l•C..� L��w��,,�, ��Ol,� , �]:SZ STG�� , yl� J;'IESm L�I�� STP,�'_-,`l, 1�iIAii1I,�11'OT�I�, T-1Ii�1i�i:�SGT:1 55a(��} (P.;:,F:?�S�T`i7::��C. 1�L11Z�'1 VSLL�`1G� R�:STr'lUlit�.TrT� 62`�j9 I�IGII`:'l��Y ;f65 ��) PfO��zor1 by P�;r. PleMe�� seconded ��y Tir. Iiemper,. to open the PiiUlic i�c��z�.�n;. tlpon a voice vo�e, all vating aye ��lie r�ot�.on car.r� ed uzianimou:�lSr. The Public �I@c.lY'1.Y1� rr�s openeu at u: �0 P.M. ADMINIS7RA7IVE STAf=i" Rf�PORT 6359 Nigh�r�dy 1f65 N. E. (in Shorewood Shopping Center,6225 Highway #�b5 N.�.) 0 A. F'UQLIC PURPOSE SERVED QY REQUIREt�IENT: Section 214.046, 8,2, limiting square foatage for free standing signs to an 8� square foot maximum per development. Public purpose served is to control visual pol]ution and excessive use of signs in a comrnercia1 area. � •Sec�ion 214.046, B, 4& 5, requiring a minimum setback of a sign�from the property line or driveway of' 10 feet. , Public purpose served is to control visual polluation and protect the safety of pedestrians and motorists in commercial areas. � B. STATED }�ARDSHIP: Request to install a new sign on the existing base posts that �rere used by King Chaiet to support a free standing sign. The new sign is 87.5 - square feet per drawings. C. AD?�II�3TS7R/1TIVE ST�+�'F REPOR7: � � ' ��.1 D Staff reels that this is not the best location for a pylon sign. As per �{12 n�,•a sign ardinance, the City Planner has requested thai the owner, h1r. hlax Saliterman, submit an overall comprehensive sign plan for all of Shoreti��ood Plaza. 4�Je have not received any plans to date. It is very d�ifficult to evaluate the impac� of this sign, its location, its effect an traffic safety, and aesthe�ic appearance, without knowing how it will fit into an overall pattern for the f�ture. In �he past, sign iocatians, sizes and appearance have not been planned or corre7ated very tvell. Our honest opinion is that the pr.esent signing for the . center is no� as attractive as it could be. The sign location, as can be seen from tt�e pictures, is on the nor�htvest corner of Country Club Marke�t. It is set back zero (0) feet from the property iine and from the driveway. � � .rtP:�T�:l��,�� c;�;r�r�i�:; �1�1; t�r,r�,trl��Tr -- T�[/�Y 1 �; P� � _� __ l E Mr. I,crh� r. <<,aid t;h�t thcy ��ante�� i;o adr� �n �1� Uc�u��re i'oo1: r�i�n �o the e�:i�L�n;; �tructureN 1oc�xiecl nelt to t;he Cauntry Club marl�et. He said �ha1; th�� i;oi;al ;i.�;n� includin�. t;l�e �y]_on �;�ou1d be 87.5 square feet. t�Ir. Yemper aUked �•rhat �vas p7.anned to be cione vritr. the eyi�tin� pylons. P�ir. Lerber� �a.id that they ti�rould repaint the pylon and the frarn�- vrork of' the si�ns :�rould be rou�h sa��ln cedar. �Ie �ho;red the Cor,zmi.ssion an exarnple of ��h�.� the proposed signa.�e ��rould ap�ear Iike. Mr« �Iolden ex�lained tha� one free-�tanding Ui�n r�as allo��ed per fronta.�;e. Iie �aid tha�; one of the fron�a�;es :��as on Hi�h��iay ;I.hS a.nd the ot2ler on ??ice Cre�k RoG d. �Ie said �;hat the establi �h�er�t ��ras, theref�;re� allorrec� t:�ro free stan�iin� si�n:�. H�� said th�t �the si��s dic� not h�ve to be locatec� on the froz7tage. He said the code onl� read that the establ_i�shr�en� ��rould be allo;•re��t a total signa�;e cf �.0 s�uare feei;. H� said that the �rea. of �;he sigr_s could be 'dist.ributedr however the developer desired. He said t�eJ could ha�re t!��o signs, 1�-0 fep� each or one sign 60 feet and anotner 20 feet or ��rha�;ever they c:�ant;ed. Ns, Ga.bel said tha-t it :vas not �he intent of the Si�;n Co�e. She said ihat it l��a.snit meant to rnean that the 80 feet could be divida�. 1�Zr. I�olden xead the portion of the Sign Code under discussior_. Tt i�ras decided t;h�t the developr�ent coulc� have t�,°ro fr.ee-s�an�in� si�ns t;i.th the tota7. siva�e foo�a€;� of �30 sauare feet. Chair�erson Schnabel ti�ranted to knoi�� tne value oi a pylon. t��r. Ler�erg saia th�t the py�on under que ��;ion ��ras approx.ir�ateiy �1,600o H:; s�id tha� �:�:as one of the reasons �hey r:ar�ted -to use the existi�z� pylon. He said that they r.ould desi�n a sa_�n ti�at ,�rould look nice �nd that r�ould follo�a through �Tith. the front of tr�e proposFd buildi.nU. ' Mr. Kemper said tha� the Sign Code indicate� tiia�: i:he deve�.opment could have '�1'!O f� ee standing si�ns because it has ttra fronta�;es; hoti:�ever it also i.ndicates �hat the to�;a1_ could no�; be more tnan $0 square feei. A�r. Barna po�nted out �hat the �ppeals Commiss:ion i�ras dealing ��ith a Sign Cor��,any ��=ho l�ras dealin� isrith a restaurant, ��h� �y�;s a rEnter fro� somebody ��,ho o<<ms a shoppin�; center irhich ��ras alreac�y :.a e�cess of t��e existin�; si�n code. He said that thP Appeals Commission ti>ras ci�aling ��rith the irrong people. � • . . f • AP3'T;P,T� � C�t �1�►T> ;70t1 1•1F;'�;7'711G - 1�II�Y 9L 1978 Pat�;e 8 l F Mr. lIo].c�en sa�.d that <�n. overall Ui�;n �lan for the Shoppin� P1aza had been r.ec�ue��ed, IIe said �hat the City Stafi had not receiv�d i;he plan a� yet. IIe said it did make it dif.ficul.t to evaluate the proposed sign in li�ht of the overall development, Mr. Ycmper asked how soon the restauranl; planned to be in operation. P�ir. Lerber� said that they hoped t� b� in operation in 60-90 days. He sazd that P��r. Saliterman ��as in the process of submitting an overall comprehensive si�n plan for a11 of Shore��rood P_laza. T�Ira Plemel asked ti��hat Mr. Lerberg planned for the front of his buildin�. Mr. Lerber� shoti��ed the Commission a plan of i�rhat he proposed for the front of the building. Chairperscn Schnabe� asked if the futur� si�n ��rould be placed in tr�e sarne locatiQn as the previous sign (on the front o� the building) or �aould the sign be placed on the roof. i�r. Lerberg said that it lvouldn't be placed on top of the roof. Ghairperson Schnabel said �f;hat if P�Ir. Sali�erman l��as planning an overall comprehenszve sign plan for the Shorer�ood Plaza, she ;�anted to be able to see that plan before deciain� on the r�qvesi;. � r�is, GabeZ �oreed that the Conmission ivould need to revieti�� the proposed �lan far the Sho.ppii��; P�aza bef�re �eci.ding on any nevr si�na�e t7r. Kemper said th�t he tit�ou�d also like to be able to revietir the total si;nz�e zor t�ie Shoppin� Plaza. IIe said that ihere ��rasn'� enough information to make a jucigemen� on the variance reauests. r�fr. Lerber� said that the reguests they �•rere Mal�ing ��as for the square foo�:a�e of pylon si�ns Ue �.ncreased and the a�proval of a variance fror� the setb�c.�� rec�uirements. He sa� d thai; they could insis� that T��r. Saliterman subr�it the reauired averall plun. Hoti��ever, he didn't feel that the comprehensive plan had anything to do ��ritl� the pyZon signso Chairperson �chnabel explained that there rras already one sign in exa.stence in -the Shorer;ood Shoppin� Plaza �ha� tiras in excess of the Sz�n Code. She said that �zt some poin� in time the second si�n had been perr�it�ed to be put up. Hol�rever, she said that at a laier date it e�as dec�.ded �hat �he second si�n :�las a mista�ie and it had been rec�uested that the second sign be removedo 0 !�T'Pi��1T;___.�____,!;�i,�I1T"`�Tn1i t�l�',:��'1:PTr � 1�J1`l 9, 19'��', P<�t*�e 9 � ......�. �._. - - - 1 G Cha:i.rper^r1n �chn��.bel �aic3. that the seconc� �,y1on si.�;n had a1.�aayU . been a��r�oY�1F.:rn �.n �:lie ��.rc��., �he ;�.id it ha�� not Y�een kept :in �aod rep��:ir. �he �Uid th�.t the Cor.lmi.ssi.on� s concern tira.� ��;he��hez� a second f.ree si;andin� ui�n �hou'la even be :l.�ca.�:ccl a1; t,hat point. thr. Lc,rber� �aid that th�y hacl been �olcl �hat the;� �could use �the existin� pylon Ui�ns t��hen their lcase tila� c�iscussecl rri �h i�•Zz•. Saliterman. Mr. l3arna said that sor�eon� should m�x�.tion tha� t�ir. Saliterman should sul�.�it a cor,�prehensive Ui.gn r�1an for all �irns in the en�Lire: ;horcr�ood �hoppin� Plaz� -- includin� all �ylon sigr.s. Cha.irnerson �chnabel sai:l that I��ir. S�_literm�n ��a_s r�ost lil�ely ar�are of tha.t requiremen�;. She sa.icl t;hat hE�� ha.s hud �revious conversations ��:ith iir. I3oardman and he had be�n told of the rnquir�merit. t�i0`STOI? by t�r. Kemper, secondec3. by I��1s. Gabel, to cla �e the Public Hearin�. Upon a vflice vote, all vo �in� a,ye, �;he r!oti�; n carried unanii�ous�_Yo ihe Public IIear�_n� ��as closed a� ;�:28 P.I�-7. 1 i�tr. I�er�per sa� ��l�ut there a.ppe�sea to be a united feeling tha�� the Cor.1r.^issio:� did not �:,�an-t to act on �he requests un�il the entire si�n n1��. for th� Sha�.��ood Shoppin� nlaza. tJas subr�ittEd to the Ci �y Ha�l. MC�TTC?�� by 21Isp Gabel� s�coY!.ded by P�Ix'Q � 1eme1, to recommenc? denial. of the rer+ues� fer �aariance� of �he Fri�ley C:i.ty Ccde as f�l' ocrs: Sec�ion �i'1�.�1�.0�:,,2, -to incr��su i;'r;e maxiinv � scu� � i00La6@ of a free stan�ine sign b�r r'�evelopm�en� froz;: �30 s:�uare feet to 3�.t�. square feet (existin� si�n 25� s;�uare feet) ; ar.d Sec�ion 20�.0463�,�-,5, to reduce tne r.i�niMUm set�ac?� oi a sign fro� the p�oberty line fror:l the rec�uire� 10 feet to 0 iaet, to a11o�1 the co.is�;ruction o�� a. Uecond free s�anain; si�n on Lots 16 and i/, lluditor's Subd�_�Tision i1o. 8S, il�e same being the Shore.;�000 Sho�pin� Cen.ter located at o225 High��ay ,;�55 1�TE9 � Fridley� Aiinn�so �a for the �ol.lovring r�c>�isanU: 1) A 1ac1: of inforr�iation; iricludin� a�i cverall. plan for signage that had been requested.by Staf�p 2) E.�cessive �c�uare foota�e oi the e�i.s�i.nd si�n. j) There had been a prior request that the sign be remcvea. �) Ther� rras a traffic safe�y f�cter resulting fra� the pylons beiug located dir�ctly next to a drive��rayo 5) IIavin� t�v� pylon si�ns for a shoppinU ce�ter may not be desirable. . � � UPON 1� VOICE VOTI�� al1 voting ayc, the motion carr:ied unani�ously. 11PP1;11L;; C01�'��T;; :I�PI 1�4T,T�;`1'7P1rt ��11Y �� 19��', � P��l*Le 1t� �. 1 Ii l�[r. Z�nrberE; �.a:i_ci tI� �t they ��are not r. �que��t:i.n� ta have an additiona.:L py:lon Ui.l;n. IIc saic� �;ha1; �hc : hoppin� center ,��a� allot��ed to have tvro fxce �tandin�; Ui�nU �nd they ��crc on].y rcquc,�tin� to be ab�.e to u1::i.l.ize that �econd perrnittcd �i�;n. P•�r. ' Itier�p�r saicl tha.t the CoMmzssion t��a; qucUt�_onin�; t;he r�eUiraUilitJ af having t�:�o free si;andin� si�nU locai;ed in f;he :�ho�pin�; ceni;er. Chairper. �on �chnabel ezpla�.ned �(;1�� even thou,Th they ;tere recommendin� den:ial of thc reqizests, i;he Cit;y Counc:il could over.rici� the recommendation and a��prove t;he reruestso alze s�id that they could also sustain the AnpealU Commis:�ioi�'s motion to deny. Chai.r�erson Sciznabel said -�hat the Main concern ��as if it t�ras actuall� nece�sazy �ro have a second pylon sign for �he Cen�er in vietr of the £act that the erist�_n� Ni�n ti�as in e�:cessive of the total square foo�age a1lo�ted by the Code, . 3. RI;��,ST �OR V�_??I�I�?r�', C�T' �,rTIO?�T 20 Ro53�t�� ;, r�L?�L;Y �`IT`� C�i:�;, .F_�)lT �, �' �'1 ��-, r-.�-;r,T� { �' i�t }i :J(1. m �T I� �-1 r �-'1-1 r' " '�'�'..' 7 i� . �'�' �"1 fiy('�� i� Ti':.i-�T �1�1 .l�J�.J �tJ � � .�.1 � ♦ �) �..1.'�.-7...—�;..'�—..+._—.....��_. . '1 t!J J �. _ .ii�.. �1_, ;_�� _ i .�_.:.. � �11, i1�JLn,J �i�';� �l:i' iT�.�__..,.��ill �'�) ='zl'. J',�iJ_;J`!' ( i� � r` i �lr ........��v rii 'J i �`i 1_,��t_ �` i51_,\.':�Ii ' ,a.�......._.,._ ' - �....��.�v r/� 7' �/'� f,�i--)J. ir� (itil"�, .- n ��—i �j 1.� r 1°J�'� rC, )y �zT i.� � t.�� (-(} r ��7 L..•.-T'�: Il i-J�� "J l� :"��Cl,�i� .1..L.:J f7 I111 �JJ�1�^y_� 1 fJ�� JL1� v_-1��J I�+J..:� ��.�1� �AJ.J1 S j°1i'iJ;'T`�.��)`_L.��o,t..-.,�:.�._,..._.� r_�.. � R� :iL��;.i`.l L'Y �LL.ATT t�, T��iUT.�RESs i 670 75t�1 aV �'NUE PTE� FRIDI��Y� I�Il�I 55�+32) . I�IOTION by t-IU. Ga�e? , seconued b�T I�fr. �arz:a, to open �he Public Hearin�. Upon a voice vo��9 all votin� aye, thc mo�zo,� carri�� unan�m�usly. �he I�u�1ic l�easin ; rras aPen�d at 9: lfl� 1'.I�'I. �1D?�-IZ�?IS 1R!`,TT�T,� STI�rF R:�nORT A. PI1I3T.��C Pi1RpnS'�, S�;?��TT� nY R��U%R�i'i�"iil: Sect�on 205.��5,1��1'1, requirin� a minimur� fron� yard seubacl� of 35 feet �.n resir.';en.tial areas, " Public purpose ser.ved by -this requiren�ent is to a11.o�r for off s�t.reci parl�in� rri�liou-t; encroachin� on the public ri�ht of ti�tay and for aesthet�c consider�tion to reduce the "builclin� line of sight" encro;;�.chtnent into the neighbor's front yard. B; ST�TTD I-:%RnS�ITP: �Yant to add more length to the ol� garage for more storage space. Tnere is a pai:io in back of the old �ara�e ��e ti��nt to l�eep. By coming out i;he three feet? I can r�ove �he �able to the fron�:, mal�in� it 10011 more like a house �han � machine shed. AGREEMENT Max Salit�rman/City of Fridley THIS AGREEMENT made and entered into this day of , 1978 by and between Max Saliterman, hereinafter called the "Owner" and the City of Fridley, a municipal corporation of the State of Minnesota, hereinafter called the "City". WHEREAS, the Owner has petitioned the City to approve variances of the Fridley City Code as follows: Section 214.046, B, 2, to increase the maximum square footage of a free standing sign p�r development from 80 square feet to 343 square feet (existing sign 256 square feet), and Section 214.046, B, 4 and 5, to reduce the minimum setback of a sign from the property line from the required 10 feet to 0 feet. - to allow the construction of a second free standing sign on Lots 16 and 17, Auditor's Subdivision No. 88, the same being the Shorewood Shopping Center located. at 62?5 I3i.ghway �r65 iVr. s Fridley, Minnesota (Request by C.M. (Chuck) Lerberg, Nordquist Sign Company, 312 West Lake Street, Minneapolis, Minnesota 554081. (Represent.ing Plaza Villa l:es�aurant, G259 Iii�hway #65 NE). WHEREAS, the City finds that the proposed sign plan will be in the public interest, welfare and canvenience to tfie people of. the City of Fridley, if the O�,mer agrees to lay out, develop and maintain signing to standards agreed to in advan�e by the parties �hereto. CONSIDERATION FOR THIS AGREEMENT shall be the approval of the above variances. The Qwner, his successors and ass�gns do hereby agree as follows: 1. A proper sign plan for the shopping center which details sign height, and sign materiaZs and standards, be submitted to the Administration prior to August 14, 1978. 2. The �ransard roof proposed to be added to the structure as part of the signing plan shall be installed on the westerly, southerly and easterly sides of the Uuilding by December 31, 1978. 3. The pylon carrying the shopping center area identification sign shall be removed and replaced with a sign in compliance with the sign ordinance by October 1, 19ft3. � � � Agreement -2- Max Saliterman/City of Fridley 0 IT IS MUTUALLY AGR�ED athat the provisions of this agreement shall be binding upon and enforceable aga�nst the parties hereto, their successors and assigns and all subsequent owners of the property here described. IN WITNESS 47HEREQF, the parties hereto have hereunto set their hands this day of , 1978. William J. Nee - Mayor City af rridley (Seal) Nasim M. Qureshi - City rianager City of Fridley State of Minnesota) ) ss County of Anoka ) On this day of , 197$, before me, a Notary Public within and for said County, personally appeared William J, Nee and Nasim M. Qureshi, to me per.sonally known, who being each by me duly sworn they did say that they are respectively the Mayor and the City Manager of the City of Fridley, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said muni- cipaZ corporation, and said William J. Nee and Nasim M. Qureshi acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 1J Agreement `3' Max Saliterman/City of Fxidley 0 Ma� Saliterman - Owner State of Minnesota) � SS County of Anoka ) � ' On this day of , 1978, be£ore me, a Notary Public within and for the County of Anoka and the State nf riinnesota., personally appeared Max Saliterman, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Public 0 1 K �w:I o�toir�nr�c� r��. R�1 ORDtNAN�£ ES7ACLiSNIt1G NEl•! CHAPTER 3 OF TH� FRiUI[Y CITY CODE ENTITt.EU PERSQ;�t�EL /1iJD REPEALIIdG PRIOR C11Af'i�ER 3 ENTITIED PERSOfQPlEl. 1H[ GITY COU�iCIL OF 7HE CITY Oi� rRIDLEY UOES ORUAT�y A5 FOLLOWS: 3.01 Purpose To establish standards, conditions and regulations of work and pay in City employ�nent within the City of Fridley, to be applicable to all re�ular and full. time non-union empioyees of the City except �•rtiere the Cit� shall otheh�ise hereafter provide, cr unless madified by a separate contract or agreement. 7he Council established ttie standard�, conditions and regulations contained in the follo:ving sections. (Ref. 182 and 636) 3.02 t-lours ot Work The reflutar work weeic of each em�loyee shall commence on Monday of each week and t�rminate on Friday of each week and shall consist of forty (40) hours each waek, holidays exce�ted� r�Fse,-exee�t-Jwi��l��eed�aay�- -Bepact�r►t zs d ats rraw ad bX ih,�,�i Ly_�d anag.e c shait..nt hen.visa_requi ce. 2ki,°. wocl�day shall corx� rrrsasa-ai-B;�Q - - obk�elr a-m.-a4 �Fre��e�-af�d-sAal� �ar�+rk-+�t�s-at-5; �4 A'slack {�.+n...af.stiet�- day- w'+ti� �oae �ew-be'+r�g- sr��vide� artd - _gt��_��.R��;�g.£m�b.y�.; - unless the reeds of anv ,department dictate otherwise, as determine�i bY the City t4ana er. � _.._ ' . t Ove�time and overtime pay for any day shail commence after tho sxpiration oF the regular workinc� day. Ovortime and overtime pay for any week shall commence after the expiration of the regular vrorking week. {t is provided, however, that no emptoyee shall be eniitfed to overtime pay for any day or br any week uniess the actua( hours of v��ork during ti�e weef; shaU bE additional hours or days o# work and are not performed on such day in lieu of othe� hours or days oi work regular to such ert�ptoyee. There are ceriain employee,s of the City, nther than the polics or firemen, who are and may ba designated by ths City �tanager ta sarve in a"standby" stat�s in bahalf of ths City on a Sa�urday or Sur.day or other holiday of the City to perform �NOrk as may be nec�ssary to ine public interest on such day. 7he "standby" errtpioyeo is entttted 10 and may receive as compensation for such sarvice as "sta�dby", two (2) hours of regular pay for eaeh day served in such status. if on any such day the employee in "standby" shall actualiy p°rform work tor thQ City, he shail be entitled to compensation for each hour or portion thereof actually worked ai 1�/z times Yhe regufar pay, wt►ich pay sha11 be In addition to the iwo (2) hour "standby" pay. In the pubiic interest, an emp�oyee may be ca!!ed to perform work fcr the City after the regular working day and i� suCh event, the employee shail receive pay computed as follows: For such overtime wark performed, pay computed at the rate of one and one-hatf (1 �/z) timRS tr�e regular pay, but not less in any event than an amount equal to two haurs regular pay; provided, however, that such minimum amount shali not apply in the case of an empioyea who had not lelt the.site of the rvork performed ci�ring tho regular working period, and such employse is directed to perform work for the Gity wiihin or.3 {i j hour of the expiration of the regular working day, in which case the work performed is considered normal ovartima for the period of time actuaUy worked. 3.03. Hoiidays 7he fo7lowing days shall be holidays, ancl no employees, except in the case of necessity to public safety, health ancl welfare, or unless the requirements of his' employment so provide, shall be ohliged t.o perform �•rork on such day; and o�hen so performed, compensation for such :•�ork siiali be paid as overtime ►��ork at the rate of one and one-half (1',) tim�s the regular pay. The follo;•�in9 days are "holidays", fJew Year's Uay, January 1; k'ashii�gton's and Lincoln's fiirthday, the third "londay � in February; F{emorial Day,' the last 1•��nclay in l4ay; independence Day, July 4; Labor Day, the first idonday in Septe�rber; Christopt�er Columbus Day, the second htonday in October; Vetr.rans Day, Y,ovember 11; Thanksgiving Day, the fourth 7hursday in Movemuer; and Christmas Day, Oecember 25; provided, when P�ew Year's Day, January 1; or Independcnce Uay, July �> or Ueterans pa�r, �lovember 11; �r Ch�i;Cmas Day, Jecember ?.5; fa11s on Sun:lay, Che foliati•ring da shall be a holida� ard, p►'ovided, a�han t�ck� Year s Day, January 1; or Independence :Uay, Jt�ly 4; ar VeLera;is Uay, �dov"��;bcr 11; or Christ:n�s �ay, D�c�ipber Z�: fails on Saturday. the preceeding day si?a11 be a holiJay.(Ref. 503 and 573) � Purp�se Houn of Wor'k Overttm� Pay Stand�y Pay � �vartlme Holidays R, ,[^.ch employ�o uf the City who h�s worked roc�ularly for th� Gty for a period oi r�ot tess ihan alx (6) succossivo r� A months (s ent(tled to a vacation away lrom c:mploymont wlth pay. Vacation pay shall be computod at ihe regular L ti ratp ot pay to which such empioyee is entitled. An omployoo who has woiked a minimum of six (G) months Is entitled to on� (1) workday of vacation (or c:ach month so worked; an emp�oyeo who has worked efflhty-four (Q4} successive rnvnlhs is ent'rtled fo one and one-halt (1 Yz j workdays of vacation for each monlh worked beginning 3'�� with the eighty-fi(th (n5th) month of consecutive emptcym��it. An emplayee v�ho has avorked onQ hundred eigh2y (180) sucCessive months is entitfed to one and two-thirds (t zh) workday3 of vacatian tor each month worked beginning with one hundred eiflhty-firsl (181st) month ot consecutive employmenL Er.cQpt-wherv..otbarwise_ ��ravid�e4-by-ag+ee+x+enf�ieH,veec+-lHe-6ity�hnneger-a4+dihe�ernp�ei�e�e;�rre-rnoroihan-iwe�ntY f�6}elays-veeation- "�fRZty"" g� �f 3i(6R -1 R-9f1 }� �OflC'�d�rtd Cf`- peRf.- 3.05 Sick Leave Sick Leare Each emptoyee of the City w�ia �aes�weck�dfegt�t-�I�y-te�-Fkie�i�-ter-a-�eciod.o#�et-tes-s-ttiaasix-{6}c�ssess'we- �r►ofl�is entitled to sick leave away from employment with pay, �Probationary employecs are el igible tor sick leave on the condition that should they terminate �•iith the City �rior to tf�e comp etion of the prohationary period, the s�ick leave ta�en rrill be deducted rirom t�ieir �n�`�Tp`a rnecks. Sicl: leave �,�shall _be_com�uted at tne r� ular • rate of pay to which such employee is entitied. An employee who has worked a minimum of six (6) months is . entitle� io ane (1) day o( sick leave for each monih worked, cumulative to one hundred twenty [120) days of sick ieave. After one hundreci iweniy (120J earned and unused days of sick I�ave have accumulated, one (i) day addrtional vacaUOn shait be granted to an employee tor every three �3l s�ck �eave days earned and unused. The' employee rnay elect, after ninety (90) earned and unused days ot sick leav� have accumulated, to receive one (1) day additional vacation for every three (3) sick leave days earned and unused. Sick leave days shali not accumulate beyond one hundrsti fwenty [120). Before any sick leave compensation is paid, the Gity rnay request �nd is entitled to receive from any employee who has been absent more thdn three (3) days in succession, a certificate signed by a competent physician or other medical attendartt certifying to the fact tha2 the absence was in tact due to sickness and not otherwise. The City also reserves the right ta have an examination made at any time of any person claiming absence by reason of sicknass; such examination may be made when the City deems the same reasortably necessary to verify the sickness claimed and may be made in behalf of the City by any competent person designed by the City Sick teave is Yo be used ncrmally fo� !he sicknass of ihe emp!oy�e oniy, however, two sick days per year may be used for the (oflflwing specitied uses: (1J Seriaus iltness of the spou�e. (2J Ser�ous i(lness of chEtd. 7ha speciat use days cannot be accumulaled i��om one year to the next and i! they are ncaf used, ihey are inLlvded in ths normal sick i�av� accumulalion. 'ti�nc otf r:ith pay can ba charged Yo the specified spe�ial uses listod above. For addit�onal reasans, time off with pay can be charged to sick leave only �f the employeo is sick. � a@f .�j31� � 3.051. 5everance Pay Severence Each employee arho leaves the City employment for any reason, Yrhether voluntary or involutary, will be paid paY for ear��ed, unused vacation days that have been earned and not taken. An employee hired D�fore Se�tecnber 1, 1978 with 48 or more consecutive months of employment will receive severance pay in cash based on one and one-haif (1�) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of same. 3.tl6. tnjury Injury �. Any fu)1-time city employee who has been employed by tlie City at least six (6) months and who is injured on the regular job sha!! be entitled to tull pay up to a periad ot nine,y (90) days v�hite he is absen! irom work by reason of such injury and his accrued sick teave witl not be charged until after and beginning �vi�h the ninety-first (91st) day of . absence trom wo�k by reason of such injury, provided; however, the amount a! any compensation shall be reduced by any payment received by the injured employee from wnrkmen's comperrsation insu�ance. An • employee who claims an absence Irom work due to an injury sustained on his regular job is subject to an examination to be mada in behalf o! t�e City by a person competent to perform ttte same and as is des+gnated by the City. A�y volunteer tiremen injured while serving the City in the pertormanc.e ot his duty shall be entitled to eompensalion tor a period not to exceed ninety (90y days while �,bsent frem work by reason of such injury. Rate ot Compensation shaN be equal to tt�e then current pay scate tor tirst ctas� (iremen in the City o� Fridley, Minnesata, provided, however, ihe amount af any compensation shail be reduced by any payment �ecuived by the injured tireman Irom �vorkmen's compensation i�surancc�, or , ny aayments received Irom his regular emptoyer. Any voluntear liroman who claims an absence Irom wurk due to sa{d injury sha�l submit said claim on lorms provided by the City and It so requested, subjact himsQlt Io an oxamfnatton by a physlcian designatsd by fhn C'c�.. � Ac�f /I (�� ,, �- � 3.0T. [ilsquatiftcatian A failure without good cause on tha part oT t�se employee to provide such certificate9 or to submit to such an examinaiio� or examinations as may b9 deemed necesaary by the Gity to varity any ftiness or to determine the nature of any injury and the cause theseo(, shaN subj�ct ttzd ernployet� Yo b�i^g disqualitied from campensation otherwis� to ber receivetf by reason ut such 1llness or Injury and the absence causod theretiy; and aiso to such other disciplinary means as are provtded by law. � • 2� 3.49 Dlaqunsii�cai'. 3.08. Abaencas � � • Absencss An emptoyee who has been duty summoned for Jury duty in any court or who has been duly summoned as a • witness in any praceeding, shatl be excused from work for the purpose of complying with such summons, and while absent from work fn accordance therewith, such employee shali be entitled to receive as pay a sum of . Jury autr money equal to the di(ference between what he receives as compensation for such jury duty or witness tees and ' his regular pay. Any employee absent fram work +n accorQance with fhe order ot a duty ssiablished military auihority shal( receive� pay and compensation duriny such absence as is provided by State Law. In case o! death occurring in the immediate lamiiy oP an emplay�e, such an empioyea may be excused trom wotk loruplo three days wNh addltional tims aFf granted by the City M��4�ger tf additlonal time Is nesded. Thls time Funera{ otf shall not subJect ihs employes to lnss at pay. For this purpose, members of the immediatQ famiiy oi ths . Leave employee a�e considered to be the following: spouse, ch'sid (natura! or adopted), parAnt, c�randparent. brothet, sister, mather•in-!aw or fath�r-in-{aw. ��f• �� • � 3.09 Administrative Policy 7he CitY Manaqer will exercise the power to formulate and execute such administrative poli�ies Which viill further clarify and ca��pTernent r�s cFiap�. �cn a.,m7n�s ra;.�ve o�cies w� app y to a �ty enp oyees not sp°ci��ca� y covere� by any oth°r ayre�rr.�nt. . 3.TU Effective B�zte . • • Effactira Da 'fhe benefits arising hereunder shaq operate �eiroactivety and inure to each emptayee as ot Jar►uary 1, �960. RDOPTED BY THE CITY COU�tCIi� OF iHE CITY 0� FRID�.EY THIS DAY , � OF AT7'EST 7978 CITY CLERK - MARUIN C. BRUNSELL First Reading: J�ly 1Q. �978 Second Reading: Publish: f�1,+�Y0R - WILLIRM J. NEE 0 (� � ��•�-�� c,�� s��v f ��T � ` �'r`,�rr,� F'i�G3'S UNIVLRSSTY AVE. N�. . ` � � FPit13l.EY, PJIN,. 65432 (BT2] lF.e7:�3C5J I_.�.�.. � MEMO T0: FROP�: Sl;BJE.CT: � � �- �: 3 0��0�� O� '1°NE Gd`YY M9�ttiAGER N�►SICV'i �s'F. L�ttJF��hii July 21, 1978 THE HONOP.ABLE MAYOR APdD CITY CUUNCIL N1�SIM M. QURESHI, CITY MANAGEi� �ACKGROUND MATERIAL REGARDIfJG CONSTRUCTTON OF A RECEPTION CENTER WITH $150,000 STATE GRAT;T ON HAYES I.OTS--ISLANDS QF PEACE PROJECT On June 13, 1978y Virg !ierrick wrote a ietter to the Director of the State Planniny A�e��cy requesting that the City be relieved of the respon�iblity of pruviding operation and maintenance of the facilities funded through thQ $150,000 state grant. On Monday, J;�ly 17, 1978, 4'i r� i:al ked �o T�m C1 ativson of the State Planning �ge�cy wh� sho�ed relu�tance to amen�ing the City's agreement with the State Planning Agency regarding the $150s000 grant. It has been over a month since v��e communicated with the State Plarining �gency and we have been unab7e to get a positive respanse to our request. I am submitting nurerous attachments to this memo to give cr�mprehensive backgrourc! to the City Counci7 regarding this grant so that you can give the City Rdministra�;ion further appropriate direc�tions. NMQ/ms Attachments CC: Marvin Brunsell Chuck 8oudreau �' � (' . +( �(u�rartrana._rr_rp�rsc� . � TM'• 1 `�J . :i '� �rr tJlt�cr h/ 1 Id4�li -- -_ . - . .. . . :. .:.-.. �.. _ _ : ( -::, . . .._ .. � 1 I. � � � j1�:....1��1)�lit.�. tr.ft�l�:i�� '1 1':)I 1'llll '11��1 \.��,/ : � .. r n �(u��..,, . P'n;.qr.�rui ; � ::�ni � .�.l�n�• a i.,, .., -.�n. , :. � i,�r.� 'drniunY . il . •.f , t :' tY/ ,. L.�J �� r :"� i -1c� �� L. 1,� '. ..� 1.11 �, .� I IIII,M) •1 �J.. �� r�c.�E�E�? �� S�NE=;OER � I�zo ��,-�cr<;�t': Flve f�ridleu 5s�-r32t Te�e. ,��-6�20 � , ' � �;r• � ,� ' C./-�S � f �/� � �l <.. (--t L..S~ I /'`, � _ ; �_ ; ._ , � �� _ __ _ __. _ . _ _ __ __._ _ _ __ - - . r �C �,.� �:�% i►- �/�al �{� i � i�� r��l ! �� "7��~7;. . , r i �• � Ir ! l % � � r�, i, , `� � . .�. , � -��, , q n � ,D ' r' � � �. . i ,r �� . 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City of Frid7,e�r Re: Es�tab2ishm�nt of a Col2action Cent�r for R�cyel.ab�.e i�sa'ceriala Dear Sirs: We are aIl awrar� of the �r�mandcav� �rastefu7.ne�s in our society, �nci w�e are also a�ax� that many of the materiala that w� thrax away can be reuaed if th�y r�.re coZlect�d and retvxn�d to the appropria►te production facility. We �re �1so a��r� that the returning of th�,s� materi.als s�v�s our land from furth�r d�r�poi7..�tion by minii�g a�ci by Zumbering, from its use as land- fi].Is, saves ua from the polZution caused by the degradation of the materials inio our Yands and waters and saves snergy usec� in the manufacture of new mat�ri.aY.s. So it a�em� obvi�us th�.t +�ach of us individuali� ana in our camznunities shouZd make �very efio�t to collect �hese m��eria�ls so that �hey ca�n i�e recyc].ed �►nd reu�ed. The committee� which wa� arigiraal].y s�t up as a r'�ro�act Cammittee �f the Environmsntal Quality �csmmission' submi�ted a proposai to th� EQC e�n A�ril �,8. �'h� propo�a.�. �r�s p�s��d b�r �ho �;QC �nd ��n� cart and x�a�s�d b� the Fianaing Cc�mm:Ls�:inn� You i��a�r� a �c�uy af �he, propasai inc�►�cied �.-itk� your materia2s for Jui�e �, p.9. Th� Pro�ec� Loj�tr�i�tc� prapos�s ih�a�C �he Ci�y dmna�e ia��d, about 60 x l� fest, located �it2zin �he f�nced prope�y ��s � of Colum�aia Az•ena. Th� Comm:i�ttee �lsa �sks that a ne�r xnd �egara�e commission be ��t�bli�hed to administer th� aperati�n of �h� facility; tn�t this commiasion be made up of "up to't seven msmbers, �erms �o be s�tp that this comtrmniss�on �e� re�pon�ible for the publa.city, far the assignm�n;t a� volunte�rs to man the Center { or the hirin� of attendants should volun��ez°$ not be av�.i?�bl�)� for the col].ectior o£ paymeants for ��e mat�xia].s callect,ec�� for th� d�.s- burse:nent of �ayment�s tti ti�e arg�an�.zations or indi�riduals who hav� mat�ned tha Centsr, for the a.ppea�ance af the coll�ctioz� axe�., for alI commuhic�tiona with Dick's Becy�clin� and ar�y otner necessa�y tran�actions. At the outaet tha Commission �.1.�. nec�d n� location si�ns as �hown oz� the encYosed map. In additi�n, t�n si�ns,as shown o►� the s�cond p�ge of the proposal� wi.11 ba needad to show ��mre the collectit�l�s should be depo�ited. There wi17. �lso be aailit�g and printin� costs� and the commi�tee a9ks �100 for tk�ese pur�o3es. Irtasmuch as considerable pr�iiminary organ�.2ation is involveda it 3s hoped that the Council wi11 b� convinced of t'r.e just,ification far such a Center and �ill author�.ze �ha formation af the Cons�i�sion. The Project Commiitee wQUld lilce to sse the Cent,ar opgned as soan as possibla i.n the Fall. Respectfu2ly aubmitted, (.�o Pt�:, �ii�c� 0 1'�mb�r E:�varo7mental Qualitv Commieaion Chairman, Pro�e�t Committoe � � � � ��, � � � �- � � � �, ,� �� ,�� Y� � �� 5�- � ( .��..�-� � rn � �e� �� J�- � � � s � � �I�� _ � G �.,� ) O t� S � o r� �. o ►� � 01'� � 0.� Ur,.,Q�s�-�-y A��. 73"`z�v Q. S �v'u �cc raad„ (r' e.va-l� r � �i � � OUTLINE OF SER'J�CFS TO B'� PROVIDFD io THREE CITIES It� MINNESOTA SELECTED FOR CONlPREHENSIVE CRIME PREVENTION PROGRAP•1MING by ihe MINNESOTA CRIh1E P�EVFN7ION CENTER The Minneso�a Crime Prevent9on Center (MCPC) provides technical. assistance and training in a comprehensive and unigue ap;�roach to crime prevention to Mi�nesota cities and communities. The project is nation- ally recognized as a leader in crime prevention pianning as a result of its pioneering efforts in Minneapolis. One of the basic thrusts of the project is to invo7ve nonlaw en- forcement resources more activeiy ir. crime prevention io supplempn� thP efforts of police. To that end, �he interdisci�iinary MCPC staff �tas been working with various citizen groups, city and housing planners, state and �ocal governmental agencies, private inst�itu��ions as well as la�v enforcement agencies to develop crime preventior� prog;^ams. The inierdisc�plinary staff includes archite�ts, an environmental psychologist, a comn�uni�y plann�r, a iavr �nfoWce`:i�:tt specialist, a hausing specia7ist ar�d �^esearch methodologists. MCFC i s entes�i ng i ntc� tf �e th � rci phasP o�' i i:s ac�ui vi t� es . Thi s phase� involves the developmen� of comprehensive crime prevention �alans for t:hree Minnesota citic�s. A number of �riteria wi11 be use� to select the three planning sites from among the cit;ies that ap�ly. Chief amon� these ��rill be the level of Yinterest expressed and evidPnce of a comnitment to implement- ing the plan when completed. Another consideration will be to select ci�ies with a variety of crime prablems and land use patterns. Efforts will be made to include outstate cities as w�ll as a city fr•om the twin city area. Once s�lected, MCPC staff will undertake a plar,ning and development effort d,lith the three cities which will produc2 a comprehensive and coor- dinated crime prevention plan for that city and vJhich wi11 include efforts to secure fun�ing for the implementation for that plan and its various component programs. FA r� APPLICAT'IOiV OF AGREEM�NT between the hlinneso�a Crime Prevei�tion Centerl and the City of Fridley This is an Application of Agreement by 'che City of Fridley to the Minnesota Crime Prevention Center (MCPC) Projeet to work together to develop and implement a comprehensiv�, coordinated crin�e prevention program for the City of Fridle.y. The roles and responsibilities of each gro�p are described bel�w. � COMP�1UNITY CRIME PREVENTION PLAN�vING PROGRESS The pl anni ��c� proyram �r°oposed he}^e to be ut�clertaken i s based on the �xperi ence and ef'forts o�r (�iCPC sta i r i n ine devel oprn�n� raT �;he ��1i r�r�eapol i s Community Crime PrevAntion projec�; and with various projects in several other cities. The planning has four major phases which a�e basica�ly sequent�al though they have considerab7e overla�. These phases are described below: I. STRATEGTC CRIME AI�ALYSIS � Rationale: Effective cr;me prevention planning requires a clear understanding o�F the specific crime problems that beset a particular corranunity. Programs often faii r�ot because the,y are poor pragrams bu�t because they are not the appropriate program for the particular crime problem in its particular social and �hysical setting. A combination of factors must be studie�--victim characteristics, the coma munity and physicai setting, suspect character�stics, the suspect's ma� at�euc.- anc�i. along with residents' perceptions of crime in the comnunity as weil as their personal experiences with crime. A description of crime citywide cannot substitute for further anaiysis at the neighborhood level in preparing localized c�°ime prevention progranzs. 1Formerly the Commur�ity Crime Preven�ion project of the Minnesota Crime Control Plann�ng Board. 1. G� Services to be�rovided: MCPC staff �ill assist the City of Fridley gather and•analyze the infor- mation necessary to develop a clear profile of the crime pro�lem in Fridley. Specifically, MCPC staff will: 1. Review sources of information about citizen fear and concern about crime and determine vrhat additional information is necessary to th� developmen� of crime prevention/fear reduction programs and targeting of areas for programs. If it is determined that additional i�formation is needed, P�CPC st�ff will develop procedures and provide t�ols for gathering such informa- tion. The responsibility for data collec�ion will be that of the City of �ridley. MCPC wi'Il supervise data coilection and provide analysis of the data nnce collected. 2. The police depar°tment of the City of Fridley wiii be responsible for supplying data for analysis of crime occurrences. The analysis of this data will be accomplished jointly by the police department and MCPC and will include the study of a combination of factors incTuding victim and suspect characteristics, the comm�nity and physical setting, sus- pe.ct madcv� opetc�.�c�. correlated with typA of crime, time of occurrence, type of premise, an� a number of other reiev�nt fac�,�rs. MCPC t�ill also assist thQ po7ice d�partm�nt of �he City of Fridley establish effzctive mechanisms for ga�helRing relevant crim� �ata and for analyzing tWat data on a r�g;�l�� ar�d continuing basis for the purpose af developing and targeting crime prevention strateg�es. 3. Utilize crime, census, and housing da�a ta determine crime rates and risks by frequency, location or geographic area, type of premise and population. Required data will be supplied by the City of Fridley. 4. Assist in the selection of areas to be targeted for crime preven�:ion programs and undertake analysis of localized data ir these areas. MCPC staff has aiready developed a�d tested a number of the instruments and tools essential to these tasks. Staff has alsa had experience in training local community persannel in utilizing the varinus intruments and tools. The City of Fridley and the task force(s) form�cf to hensive MCPC pla�nning and develo�ment efforts will assist providing access to data as necessary and appropriate. II. PROGRAPI PLANNING AND DEVELOPMENT support the compre- in gathering or This phase of activity would include translation of the information derived from strategic cr•ime analysis into an integrated set of crime preven- tion programs for the City. P�CPC staff wi11 provide a variety of technical assistance to city staff and selected task force(s) in d�veloping these crime prevention programs. 2. 6C Rationale: The idea af cri�e prevention is not new. Hav+ever, in m�ny co�munities crime prevention efforts have been far from effective. One reason for this has been a lack of adequate planning and coordination. Programs are often fragmented, efforts diffused and goals narrowly defined. In addition many programs have been oriented toward the action of law enforcement agencies and have not sufficiently attempted to encourage involvement of nonlaw en- forcement groups in ongoing crime prevention. However, it is important that the involvemen� of nonlaw enforcement groups be we11 planned, coordinated and focused on ciearly defined problems. � Services to be provided: MCPC staff, staff from the City of Fridley and appropriate task force(s) will plan and develop a comprehensive and coordinated program oriented toward the specific cri��e and related problems of neighborhoods and/or specific population groups. Specifically, C�1CPC staff wi71 wark with c�ity staffi to: 1: Identify appro�riate individuals, departments, agencies, and organ- izations to be involved 7n the pianning process through �asks force(s) activities. These in�iv�duals, depari:n�enis, agencies and organiza- tions shall not re�resent or promc,�:^.. any special interest group �insa�Fa�^ as the�r partic��pdtion i�E �c;�rir��unity crime Frevei�tion projec-'t is concerned. It is clear�y not the �ntention of this pro- gram to promote any spec9al interest ar special interest groups. Special attention s'r��ll be paid to �this �oin�. �t shall be the responsibility of all those cor�cerned with the project to n�aintain � this position. Several task forces might be developed including: a. a lead task force, eomposed of the City Manager, Department Heads and policy-orien�ed people, to review major planning decisions and to secure support for implementing the program. This task force would meet only at pivotal points in the pian- ning process. Members would be brie�=ed on progr�ess tt�rough periodic reports prepared by city staff. b. possibl�e specialized task forces: l.) community organization task force, composed of key people and community representatives, to se�°ve as a resource in the preparation of the community involvement component of the plan. It would meet periodically to review progress and to contribute to major• decisions. A key people list has already been established. It is suggested that it be used in this phase of the project. 3. 6� 2) the Community Development Division of the Publ�ic Ulorks department could serv� as a building co�e task forc�. It wculd explore the local i�r��lem�ntatiors of the newly � enacted Security Chapter cf the State Building Code. 3) the Community Deve1o}�ment Division could itself develop a procedure far design revieGNS of new and substantially rehabili±ated structures in regard to crime prevention issues and to develop a list of crime prevention consid- erations for developers. MCPC staff will be responsible for the content of the presen- �ations to the task force(s) and departments dptermined to be �appropriate. City staff wil� be responsib7e for presentations to other groups not formally asso�iated with the planning process. 2. Orient plannina participants to the concepts of MCPC and to the plannin� process to be used and introduce the crime and related problems as defined �hrough data gathering and strategic crime analysis. In this activity, MCPC staff wiil be respcnsible far the conter�t and substance of thP educationa� meetings while city staff wili be responsi�le for facilitating and convening these meetings. 3. Develop cle�►, problem stateme�ts La�e�+ on ar,alyzed crime and other collected data. 4. Qevelop criteria for pri�ritizing crime and crime-re7ated �roblems and select appropriately sized target arias fc�r implem�nting various crime prevention programs. 5. Identify target populations for special. attention. For example, special attention might be given to assessiriq the im�act o� crime on senior citizens and to invol�,ring serio�^ citizens in various cr�me prevention programs. 6. Develop both iong-range and short-range measurable goals to address �he priority problems. 7. Ident7fy aspects of crime probiems which are amenat�le to preventive action. 8. Identify strategies that appear most appropriate to the solution of particular crime and crime-related problems. 9. Identify resources that might irfTuer.ce, have an impact on, or be utilized in efforts io reduce crime and fear. This activity would also includE coordinating with and intey��atin� existing programs which have poteniial to impact on crime and fear. 10. Integrate strategies and resources into comprehensive neighborhood� oriented M�CPC programs. � �. GE 11. Deiermine an administrative.struciure whi�h provTdes for maxzmum caor°dination, accessibility ��c r�s��arces, and legitimization of program activities. 12. When the pl art has beei7 comple�ci the ci ty manager together wi th �he appropriaie task farces t�ri11 d�tGrrnir�e the extent and nature of the public review process. MC?C v�i11 assist in preparation af the � review materials and will pa�°tici�ate in the public presentatians. III. PLAN IMPLEMEN7ATION Once the pian has be�n developed, reviewed and approved, MCPC st�ff will assi�t in imp�emen�ation of the plan. This assistance wiil inciude prav�ding training for st�ff as weli as assistancc in promoting the plan with various agencies and groups within the city w��ose participation in various crime pre- v�ntion act�vi�ies is requirec�. Speci fi cal ly , h1CPC staff wi 1 i: 1. Make avaiiable pro�otyp� materials tirhich have been develope� �to support various ccmponents fa the M-i��ne�polis demonstration pra- gram. Assistance wi�il be provided t�a modify th�se materials far the use c�� the Ci �y of Fri dl ey. 2. Iden�i�y sources of �funds available �o �uppor� cr�me prevention acti vi ti es and a.ss i st i n Evr�i ti ng ��ropas�l s or gr�ant appl i cati or�s to c�hta� n�he neces�ary fur,ds . 3. Assist 7n �etermining where and how existing resources can be used for cY°i�n� preventi�r� purposes. The City o�F Fri�ley wi77 be responsible for imp7ementation of the pian. IV. PROGklaM EVALU�TION T1; is essentiai that evaluation be coizducted for crinie preveniion prn- grams and that �he evaluation includ� both ar� assessment of whp�hQr firie pro�r�ms a�hieved iheir objectives (both 7or,g- ard short-rarge) and an intensive monitoring and documentaticn of p�~ograrn imp7ementat�an. Bnth MCPC and the City of Frid�ey v��ill work �:ogether to develop an evaluation plan appropriate to the program. This eval�cat:ion plan w�i71 be a companent of a request to implement a comprehensive community crime pre- vention project in the city. V. BUDGET The Minnesota Crime Prevention Center is sup�orted by a grant f�bm �he Law Enforcement Assistance Administration (LEAA). The City of Frid7�y rea7� iz�s that cities rece�iving this planning assistarice are asked to provide a 10% match. The City.o� Fridley proposes to meet that match in the form oi one full time Speciai Operations person assigned as the crime prevention coordinator.• Speeial Operations will also assion to this program one police technician on a 5Q% basis, and also the use of ��'ice officers and reserves when their specific talents are deamed appropria�e and necessary. 5. VI. TIME l.INE I. STRATEGIC CRIME ANALYSIS: 1. Assess citizen concern data needs 2. Collect data 3. Analyze crime incidert da�a 4. Prioritize crime problems and ho�t spots II. PROGRAM PLANNING AND DEVELOPMENT: 1. Set up planning task forces 2. Qevelop prablem statements 3. Develop goals 4. Develop strategy recomsnendat7on 5. Identify r�sources 6. Integrat� strategies and resourc�s into an action plan 7. Condaci public review III. PLAN I�iPLEMENTATI01�: 1. Pro��ide protatypical support materials 2. Assist in securing funds 3. Assist in draw�ng in local resources 4. Frovide training to imple- mentation staff IV. EVALUATION � r= R ,APR ,M� � � 1� w M � .� ,. _� _.�- � i l t � r E � i � IN WITNESS WHEREOF, the parties hereto hav� caused this agreement to be executed by their du7y authorized representatives an this day of , 1978. MINPJESUTA CRIME PREVcNTION CENTER By �oug7as Fris6ie, IIirector CITY OF FRIDLEI�' By Wif�iam Nee, Mayor �y Nasiri Qureshi , Ci ty h1anag�r 7. C:�� ' 7 CITY 0�' :t� I�IDLEY PL1�T1NIIdG COi`�II�IISSION T�i};rTli'1G -� JTJI�Y 12� 1�7�3 C�T.�L TO ORDER: � Chairperson I�arris called t;he July 12, 1978� Planning Commissinn meeting to arder at 7;�1 P.M. ROLL CALL: Members Presen�: Storla, Uquist, Iiarris, Peterson, Schnabel, I,angenfeld • � Members Absent: Pdone Others Present: Jerrold Bo.ardmans City Pianner Dick Sobiech, Public Z�Iorks Director APPROVE PLAI�,rNING COMM:LS�ION MTIVUTES: JUN� 21 , 197$ MOTION by Mr. Oquist, seconded by Mr, Lan�;enteld, to approve the June 21, 1978, Pl�nning Commisaion meetin� mir�utes. Ms. Schnabel ti�ranted the last sent�nce of the seventh paragraph on Page 9+o be changed to read, ��She said that the Planning Comma.ssion should bring the con.cept to �he City Council; und zf the Council chose n.ot �o agree tivitri the concept, therl f;he c�nc�pt co�ald be broupht ��ck �o t]�zL v�ters o.f �he Gity for them to decide'�. UPOI�' � VOICE VQTEi aZl vc�t;in� aye, �;he rnot:ian car�ied unanimouslya The minutes, tivith t�ze an�ended sta.tement by Ms. S�hnabel, �verP appro�ed. le CONTINUED: PUBLIC HEARIlVG: CONSIDERI�TION OF A PROPOS�D PRELIMINARY PLAT � P, S. tr�8�05, P�St1?vN' S HI�LCRE,ST ADDITIQN, BY TIl�IOTH'�' ��1UNN �ND TODD BLAIR: A REPi,1�T OF LOTS 57b'?� ,9, AND 10, BLQCi� 2,. HI�LCREST ADDITION, GENERALLY LUCATED IN THE 710C BLOCK ON THE EAST SIDE OF Efi�T RIVER ROkD. Mr. Dick Sabi.ech, Public �`Jarks Director �or the Ci�y of rridley� was present at the me�ti�� regarding this a_tem. Mr. Sobiech addressed many �f the concerns th�t tk��e City and the neighbers had regarding �he preli�inary plat. The first item that Mr. Sobiech addressed tivas th� Burlin�ton Northern drainage ditch. He said that the di�ch definitely ti�ras not properly maintained. He sazd tha� he had some c�nversations with Burlington Northern and had been to].d by them that all that had to be done tivas to submi� a drainage plan �0 3urlington Northern and then fill out a permit with Burlington Nox•thern„ Mr. Sobiech said that at that point the Ci.ty� the Petitioner, and Burli.ngtor� Northern could wor�� together to properly grade the area and main�ain propeT drainage for those lotsa PZ�1IT�NITIG COt�MI��T�T; MI.�:TIt+G - JIJT_�Y 12. + 8 Pa e 7_ Mr. Sabiech indica�ed that p'ro�er draina�e of those lots vras deiinitely contin.gent on �3url:ir��an r;ortl�:�rn properly maintai.r�ing the drainage ditch. Mr. Sobiech poir,ted out �hat �there �rouZc� have to be a lot of re-grading of the enti.re area '�o in�ure that any run-off does n�t increase aiter the de�elopm�nt. Mr. Sobiech next sho��red the Commissian members the drainage plan that had been suUmitted by the �etitioners. �ie said that the plan s�ill needed thE approval of the Rice Creek y'later .5hed I�istrict. H� said that he had bx�i.efly looked over the plan and felt it �vas an adequate draina�� plan�, Mr. John Kehn of 7i29 East River RQad NE; Mrv Terry Mickley of 7075 Hickory I�rive; Mr. Gary Thamas of 7061 Hickory Drive; and Mr. Les Blinco of 7�67 Hiekory Drive tix�e�e at the meeting regarding this item. Mr. Sobiech explained exactly ti��hat the drainage plan was going to do to the neig�bers and the Comrnission members. One of the neighbors had pictures he shoured to Mr. Sobiech and the Commission rnembers shoti�ri.ng the �Frater that tivas standing on the lots in question. Mro Sai�iecn said tra� ��he Eng� rzeeri�� ya'irn•� i;hat Y��ac? de��reloped the drainage plan for �he pe�itioners h�d to insurE that the run off in the area �xJOUld not incr�ase a�ter the de�Telop�r.er�t` �Ie sa� cl tha.-� ihe Fi.r.rn had taken :�r:�:o con�:�de:r�ta_c�n tr�e tctal eight acres that Existed in that area to be sure that all situa�'ions tvould be addressed. He said that the En�ineering Firm h�s indicated -tha� after �he devElopment taking into considerat� on that there ��rould be drive-��ray suriaces9 etc. that could increase the rate of run-a�'f' there �roui� have to be a holdin� pond of some type located in the area�, He �aid that the propased plan ��ould direct thc run-off to the rear lots and create a drainage s�vail that would have to be re- graded. He said it tixras designed that the rear area wou�.d no� be a holding-pond, He said it �vould be desig7ed so that all the water ��soul.d be run--off in�o the creek tnrough the use of the Burling-�on Northern Railroad drainage ditch. Mr, Sobiech sh��ved the Commission members and the neighbors the results of the Soi� tests �hat had been made on the lots in question. The neighUors showed much concern regarding the planned level of the basements of the houses that wculd be constructed on the lots in question. 7A 7B PLAP�ITITNC COP��II>>ION MLL;TSNG - Jt1LY 12� 1�� k'a�;E 3 �.t this boint in times Criai.rz�F°��on ri�rris cl.arifi.ed �he terminol�gy bein� used for lo�s 1 1� i 2& 13. Iie said that it had Y�een determined .that the lots v:ere no�L City ov�ned property. He sa�.d that the 1.ats ��ere being held �zn~trust by the County for the State of Minnesota. Mr. Sobiech said that at the preser�t time, the only thing that �he City could do tirith �Lhat lana (lots 1 1,12 2� 1 a) v�as to use it for drainage purposes. He said that all the City had on that property vJas drainage easemen�s. Chairperson Harris explained to the neighbors tha� the Drainage Plan be2n� submitted vras "suppose" to correct aiiy existing drainage probl�ms in the area as 1rell as insure that na n��xt problems developed because of the d.evelopment of tne lots in ques�ion. The neighbors Gvere concerned tha� if a drainage swale y�ras graded. in the rear area o� their lots� th� tirater ��rould �ctually flo�v into to their yards because some of the yards �vould have 1.o��,er spots thari the planned � swale Th.ey didn° t v�ant to see it happen. They said that ��rhen they �auilt their homes they had been told that they couldr't alter their rear yards at a11 because of the drainage plans for that area. Mr. Pe�erson t��ani;�d to �no��r ti�1Y105L responsibility it would be to m�intain t,he dr�.�.nage sr�ale ar�ce �? ��>>as c�evelop�d, �Ir. �abiech said it ��rould be up to the property oti�aners to assume the re� �or�s�bil.i�� o� pro�aer �ai�-�er�anc:e ot the area onc� it �.�a� a21 praperly developed and gradede Chairperson Harris pointed out that the amou�t of ivater going in�o the rear yards of the neighbors tii�ou:Ld actua:l_ly be less wi�h the propased drainage plan than i� presently tvas�, Mr. Sobi�ch said that i� was very possible that t�ie holding are� cauld ve developed similar �0 5�lvan ParY.. T;e said that �=�rith th� us� of some bErming and sor�e plantings, e�c, the area could be made into a very nice open area. The neighbors agreed that the urea could be deve]_oped very nicely but they tvere still concerned about some �yp� of recourse should the plan not ti�iork and in a few years they experience aaditional water problems. Mr. Sobiech said ihat the neighbors tivere statinb their concerns a� the Publi.c Hearing. He said that they have stated that they did not want the development if it trrould create any problems for �hem in regards to �vater aiid drainage, PI�ANI�tING C,OI�[MI �SION M�r'P�NG - JUT�Y 1? 1 a�.8 pa -� � Chair�erson Harris asked if there vrould be er�ugh space after �he holding area was develop�cl to have some fiype of park facility. Mr. Sobiech said. that it has been st�ted that it vras no� an appropria�e location for a pa�k` Mr. Sobiech said that there ti�rould have to be some access for maintenance equipment. He estima'�ed that ap�roximately 20 feet tivould be needed. i�ir. Sol�iech said that i-� should be a stipulatzon o� �he pla� that the 20 foo� access be put in a-� the ax��ropriate Iocation before the developm�nt of the p1at. He said that the people buying the homes on either side of the access would be totally at��are ot the fact th�_t the access did exist and vr�uld be used as access to �he rear lots, ' The neigk�bors vtanted to kno�v a.f �hey �=rould have area of their rear yardU due to the development system �o take care of the proposed p1at, to fill in some of the drainage Mr. Sobiech said that some fi1l irould have to be done to iheir rear yards. He pointed o�ut that the n�ighUoz�s already had ti�rater drainage prc�blems and by using �ome fi11 in -L-heir rear yards� " they could correct most of the alr.eady exis�ing problems. Mr. �ob�.ech expl.a.ined the exac;t �r. adi.ng plans for th.e developmerit. Mr. Peterson au�thority was �Lo�eii7�he said �hat the Ric� Cr�eli �Llater Shec�. Dxstrict's tha� the iva��;r that comes off the property had sarr.e condi.ticn as i� e�,�re ��Z�:�o the property, ' �r. Sobizch said zha� they require th�t run-off rate canno� incre�zse after deve�.opruen't as it existed bef�re the devel�pment� He said that tk�E City coula monitor the plans making sure the hom�s a:�e high enou�h and that the drainage Z�rould ilow out of the urea properly, A�ir. Petersan said that all the Rice Cr�ek �zJ�ter Shed�s authority had -to do z�rith ��ras the quality and amoui�t of �vater as �it goes into the Creek. �-Ie said it rEal.ly mad� no �ifference to the Rice Creek �'dater Shed 1°�h�ther the ��rater �vc�uld come of.f the proposed development or irom the neighbors to the sokth yards. He said that where �he tixrater tixrould come from was a problem that the City had to address. He wanted to kno��r if th� neighbor's to thA SoutY►_ af the development had been taken care of�. Mr. Sobiech felt that all the prablems were being addressed by the drainage plan. 7C . � PL1II�INSNG COI�J1?SSION T�I�FTII��Ci - JUI.Y 1?_ 1 �3 Pa e Chair�erUon Iiarris wanted to knovd ��rho �trould be �iable f�r the �vork tha�L vrould be� done on that �la.t. Mr. SobiecYi said that it ti�ras difficult to say exactly. He said that the City of I�'ridley 1x�as t� insure that everything re�arding desi�n and construction i�rould be don� prop�rly. IIe said tha� the site �radin�s :x�ouZd be the respc�nsibi�ity of the peti�-i.oner and the peti-�ioner erould be Iiable. Iie said i-� tivould be the responsibility of the $uilding Tns�ector a_nd rngineering Tns�ector to be sure tha� everything ti=rould folloti�r the site plans and drainage plans. Mr. Peterson askea zf. Nir. Sobiech felt comfortable with the proposed system rather than a pipe sys-�em. Mr. Sobiech said that <<riih the pipe system the �rater tivould leave the area i�edia�el.y, ti�rhich vras aZ�rays a positive aspect. Hotivever� he said that the �roposed sytem should c•rork anc? v�as definitely more environmenta�_1y a�-Jar. e. He said tY�at zri.th the proper gradin� and retent�on basins �ha.� tifoulc3. be doney -the proposea drainage plan ��rould �srark jus-t as eifective as a st�rni se�rer system. MOTION by P4r. Langenfeld� seconded. by NTr, Oquist, to close the Public Hearing. Upon a voice vote' a11. vots.ng aye� the mot�.on carried unan�..mously. The Public Hearing G°Jas closecl a-� q:13 P.ri. MG�TON by Nr. Oc�uist? seconc�ed by It2r�, Fe�terson� to �eco�end apnroval of' the consiaer��tion o� a proposed p�:•el.i�inary Plat� P.S. #78-O�i I�Iunn� s Hillcrest �ddi�ion� by Ti�othy 1�4unn and Todd Blaa.r: 1� replat of Lots �,6�'7s8�� ar.d 10g Block 2s Hillcrest A�diti.on, generally lacated in �Lhe �100 �31co� on the East side of East River Road �vith the follot�in�; stipulations: 1) That �he Drair�age F1an functions to insure that property o��irTLPx'S south oi .the P�.at ar, e not impacted by the developmerlt; anc? if possible, ti��oz°k with them to �.^educe their ehisting prablems. 2) 20 foo� access easement �o Lots 1 1� 1�& 13 be �onstructed tivith appropriate hard surface area to adeyuately lzand�e main��nance equipnent and'�o kie placed prior ta thE oceupancy of the proposed d�Jellin;s. 3) A Perfornance Band to insur�� the pr. op°r site gradings for each lot be obtain�d. �.) The approval vrould be contingent on Burlington Northern properly maintaining th� drainage ditc�. 5) That a1.1 costs for �the Drainage Sys �em would be borne by �he developer. UPON A VOICE VOTE� all voting aye� the motion ca.rried unar_imously. 7E PLA�INTT�IG COMt�II �SION MFTTINC - JTJLY 12, 1��_r_______ Pa�;e 6 2. �. , T r,-, , , �„� � , ��{.,71.;',. t i'��,.)1' _, �'IOi;. FIZCi�i P��-2 iI �)U,,`_t'I.7 ��L Ai�1,ti ;5li liJ'�l'd;5t<r11� V i! ATFD I11 TI�I�� S I-I '? l? i 1 ,`j �i.' �J l�! �llU S`_1� R :�`)_' ��n:� T'�T. 70A '/7Y-�b P I� � C i< .,�_ ?r..:,.,u,� ,�!. `� `��__ ' _,,,.,R 1I.1Dt] �`i'RT t�..7� �4 � �;1':. T.,LG'�`; `I''tIT: C(�Ii �Ti'? DI;1G�.,�.. G I'�I I�d STR�: � P�IOTION by Mr. Lan�enfeld, seconded by Mr, Storla, to open the Public IIearin�. Upon a voice vote, al1 voting aye, the motion� carried unanimously, The Public Hearing was opened at 9:23 P.M. Mr. Boa.rdman explained that the property vras presently zoned Heavy Industria7. and required the lot size of 1z acres of land. He said that P•Zr. Paschke v�antEd to rezone the area to Light Tndustrial mainly because the lot size of 3/4 acre was required in M-1 areas. He said that by doing so, the petitioner would be able to split the land into three buildable M-1 lots and could construct threE buildings, rath�r than one. Mr. Boardman said that the zoning �vould �e similar to wha�t vras being done alang Ranchers Road. Ms. Schnabel asked exactly �xlhat vras presently zoned M-1, Chai��rson Hax•x°is said �;l�a� al'1 :,c:;s-Lrkciy�?n lying East oi Ranchers Road from 77�h �venue �0 79th !�vcnue. He saia that 1��-?_. tivas s�ill existen-t �rest of R�nchers Road, Nr. Boardman said th�t tlie uses of the lan.d ti��erz very similar for 1�4-2 and M-�i . He said that iri� main differe�lce was the required square faotage of' the lots, Mr. S�or:l.a ti=ranted to kno�v ti��hat �Ffas �oing on at the present time �n the lots in question. Mr. Pa�chke sazd �hat they were basical.ly prepax�ing tne land. Mr. Peterson asked i� all thr�e buildings �.vould have the 1�0% land coverage resi;riction. Chairperson Harris said that there ��ou1.d be three smal]_ bu.ildings instead of one large building. Mr. Baardman said ihat there �vould actually be more green area with the rezoning. He said that each building would have to abide by the 4.0°; land coverage requ�.reraent. � 7F �'T,�'�T��P�ITI�TG COr��;�-S7 ��?021 i��r_;T��I'T2�1C`� - JT1LY 1?._, 1�'j��3 Pa�e 7 P�OTTOTI by P1ir. Peterson� seconc�.;;d i�y ��Zr. Lan�enfeld, to. close th� Pub1_:j.c IIearing. Up�� a voic� vc>�� a1.1. vo�i.in� aye, th� motion carried un.anir�ou�ly4 The Pu�l�_c I-ze�.ri�g'i�ra� clo�ed a�t 9:31 P.Me MOT7�I� �.y ?�ir. � eteru�n, seconded by Mr. Lan�enzeld, that the Plannin� C".orrir:,:iu� �ion recammend appy oval c.,f the rezonin� request ZOA f�7�-�6: by u�';'1. Paschke: �;ezone L�� 3, Block 1, �ast Ranch Esta.tes 3rd addi�i�na from M-2 (�ieavy Industria7_ areas� � ta M-1, (Light IndustriaZ ar.eas), i;o allovJ the construction of three �eneral office/industrial buildin;s' generally located in the Southeast corn.er af I��ain Street I1E and 77th Avenue N�. UP�N !� VO`10E VOTr' Mr„ S�or1a� i�'ir� OquiUt, Mr, Peterson, MsE Schr:abel, an.d Mr. Langenfeld v�ting aye, P�Ir. Harris abstaining? tl�ze mot�_cn carried. Cha:i.r•person �-Iarr.is abstained frGm voting because he u�as an a.djacent property otimer. 3„ LOT_ SPLIT RE�?UESi ,_I�. S. �,�8�-0?_y BY G� 1!T,�„ PASCH_ KE: SPL1T LO�r 3, BLO�K 1 s EASl R�IdCH E.S��'�'�'I'a S 3RD I�DDTTION INTO THRE� PARCTL,S: PARCET, A: 'IHE NORTH 33 FI��rT OF TI3�; �I�ST a0 FEET, AND THE EAST 131� FE:�T OF THAT PART LYING SC)UTH OF THE EAST�RLY EX'�'�NSTON OF THE SOUTH LIN� OF 7?�� l�V�NUE AND THE SOUTH LINE OF 7lth AVENUE (�00 77th AVENU�); PARCEL B: 'I'HF I�JEST 1I}.�i I'EET Gi' '1`Hi� Ef-iS'1' 2v0 FEET �S iiLAST�`hED ALONG THE SOUTH LIN� OF I.,OT 3(2z0 77th AVEPNE N�); AND Pf1RCrS� Ce ALL �F T�QT 3S ��X�EpT T�iE �.�ST ?8U rEET_ TH�'R�h,�JF9 AS M��,�UPwD ��LONG THE SOUTH LINE OF LoT 3( 230 77th AV�N1rE �vTE) ALL DIM�NSIONS SUBJECT TO REVISION UPON FTNAL PLAT. Mrt Boardman explained �'vhat the size of �he three lots would be; Parcel A arould be 3/�-�- acr. eo The �ity WOLlla require easemen�s for road�r�y/street as well as ui.ilit� easements an ?7th Avenue. Parcel B �xrould be .751 acres. Parcel C raould be 1.1 acres� Mr. Boardman said that the City vrould also renuire utility easemei�ts aloi�g the �=rest property line of Parcel C in orde.� to get access to utilities for Max�quet-te Stat� Bank. 7G PL�tT1P1�T1G r,or�r�z s;TOPT P�IT:ETING - JULY 1? i 8 Pa e 8 Mr. I3oardman sa.id tha� the c�n1y oi;h.er comment that Staf f had in re�a.x�ds to the draina�e :in tha-� are�„ �-te said that some type of drain�ge system ;��oul.d have to be dez.reloped by the parcel of land in question and Marquette Stat� Bunk. Mr. Boardman said that the ovTners of �he parceZs in ques�ion tivould be a.11o�red to put �.n the type o� drainage system they �rould neec3 in order not to zncrease the flo�x� or run-off tha� tvould eventually ena up in �he Mississip�i. River. t�ir. Boa.rdman said that some �;ype of drainage plan vaould have to be submi�ted ior the area in question. He said that the drainage plan lrould 11�zve to be submitted �efore a builc�ing permit would be issued. � l�IOTSON by P�ir. Peterso�a., seconcled by Mr, Oquist 9�hat the Planning Commission recommend approval.of �he Lo� Split Request, L.S. #78-02, by G. �'�. Paschke: Split Zot 3� Block 1, East Ranch Estates 3rd Addition into three parcels: Parcel �: The I�3orth 33 feet of the East 90 feet� and the East 134 feet of that pa�t lyin� south of the easterly extension of the south line of 77�h �.venu� and the Sauth line of 77Lh Avenue (200 77th Avenue); Parcel B: The l`Je �� 145 fee� of the East 28�J feet as measured al.ong the South line of I,ot j(22_0 7`?th Avenue 1'�); ar�d Parcel C: AlI of Lot 3q execpt thE: east 2t�0 feeV therecf� as measured along tl�e south line o f. Lot 3( 230 7'7th Avenue NE) . (ALL DTr�lu2iSIUI�dS SL'3Ji�CT T� PEVTS1:Ui� UPOT� i Ii�T `1�I� FLA�I') �Vith �he stipulation th�.t a p.roper �ngineering Drainage Plan be subiuitted as ti�ell as the required eas�men�s on Parcel A fo.r street and utility easements on 77th Avenue and P�rcel C along the Vaest prop�rty lir.e. UPON l� VOICE VOTE� Mr. Storl.a, Mrb Oquists ��Ira PetPrson� Ms. Schnabel, and Mr. Langenfeld voting ayu and Mr. Hurris abstainixig' the motion cai�ried. Chairperson Harris abstained irom vo�cing because he tivas an adjacent prop�rty o��nz�r, Chairperson Harris d�clared a�reak at 9: y-2 P,M. y 7N PI,1�1��ZNII��G C�T•�N�I ��IOT1 MF�TTI�1Cr �- JUI Y 1�, 19`jf3 Pa�� 9 1} V/�.CIlTT01'T _RL'._�TJ�;>T �.'lV /%'%��-07 ;y �I�.RRT'rd r�l�i{i�ORTPII�: • � VA��'�T� �I`HE 10 �'GO`1� 'J'1'1:I��ITY 1sl1�LI-iF�Tv �' :��`�' �fLT�i� L�`l' a�4 AT�JD 25s BL�JCK 2� T�1L�'�DC'>JI�100P, T]�RR1�CEy SU 'I'I�AT }30TII LQ'�S P�IAY B�' US�ll FOR THE COilaTP,UCTI0I1 OF 11 COM22ERCI1IL BUZLDING �� .�'HE SL�I�IT B�TIZG 7671 CENTI�I�.L 11VET1iJE NT. r�Ir. Boardman said �hat in order for the pei,itioner to utilize Lots 24 & 25 for an office �uildin�, he �rants �he utility ease- men� vacuted. He said that fihe only problem �.rith the request ��as the i'act that a Lelephone cable belongin� to the Telephone� Company t�tas loca�ed under that ea_sement. He said that Mr. I�armorine has agreed to relocate the bur�.ed telephone cable to th.e east lot lir�e of Lot 2t�. a_t his ��ense, t�ir. Bo�rdman said and Mr. r�Iarmorine the t�vo lots' �h�t �the lots ti=rere presently zoned Commercial planned �o cons�ruct one office building on Mr. Boardman pointed aut that once the buried cable y�as moved there ti�ould no lon�er be any. uti�.i�ies Iocated in the utility easement; tnerefore, he felt that �here tirould be no need to retain the utility easement. He sho�F�ed the Cammission r�embers on a dra�ving exactly �rhere -�he drainage easements �xrould be located. MOTION 'ay ?�Zy. Schr�abel, seca��.ded by PFr. L�zz�Enfe� d� that ihe Planning Camm_�ss�on r°commend auproval �f the vacd�ion reques� SAV #78-03, by �'darr�n Marmorine: Vacate the 10 foot utility Easeir.ent bet��v�erL Zo�s 2!� � 25� B1.ock ?_f Ni��dotzm�ar �'errace� sa that both lots may be use�l ior the construction of a Comreercial Building� the sarne being 7671 �entral �`�ventte N� �x�itll the stipulation that the buried telephone cable be moved to.the east lot line of Lot z4 �t Mr. Marmorzne's �xpense, UPO� A VOICE VOTE� all voting aye, the motion carried una�in�ously. 5. IT J��T 03. BY 1i1� r+X�1:�SCLS (V i L' L,1 v1' .uvL i y-' i+L�-+ A NEW F3UILDING SITL� THE S�ME BETNC� ARL P�GE: SPLIT UF�� GI�t�ID GARDENS � TO MAKE 108� G9RDENA AVENUE NE Mr. 3oardman said tha� the lot split ��as anti�ipated in 1q71 and at that time tlze ��rater and sewer services tiver� extended to accommodate the split. He said i�t ��as staff's feeling tlia� the Lo� Split .F�ould meet all the requiremc�nts. He said that five foot utility and drainage easements �Frouid be required along the common property line beti•reen the t�=ro pr�operties as welZ as five foot around a1.1 the property Iines ��ithin. this Lot S�lit. 7i PT�ANr1II�1G COt��I �SIGT�1 ��T�,FTITdG - JiJJ�Y � 2� 1978 � P��.�e _10 Chairperson Harris tran�e� to knaur h.��v lax�;� �the property in que�tion wa��. Mr. I3oardman saicl that it vras a��roximately 70 x 1�0 plus the extra piece of land. He said it ti;�a.s abou� 11 �000 square feet. MOTIOPI by I�Ir. Storla� seconded by t�ir. Pei;erson, �hat the Planning Ccmmission recommend ap�rov�1 of the 7_ot split request, L.S. #78-03� by Carl Pa.�e: Split of� the easterly 70 feet of Lot 14� Meloland Gardens� tG �ake a netiv buildin� site, the same being 10�� Gardena Avenue NI, v�ith the stipulation of ±he five foot utility and draina.�;e easements along the common proper�ty line betv�een the t4�ro r�roperties as tivell as five foot around all the property lines z�rithin this 1.ot split. Upon a voice vote� all voting aye, the motion carried unanimously. 6. GOlv'TIT�UED: Fr1ERGY PPOJFCT COT�ZP��IITEr DTSCUSSION A. Geneva Harper' a�ate of I�Iinnesota Ener�y �'�gency B. Revie:;r Scope and adverti.se��Pnt, Ms. Geneva Har�er �-ras a�; �he meetin� bu� was called , away ' at approximately 9: �0 P�P�I. S1ie wi-11 ma?�e fh_er presentatzon at the July 26'th Plai�ning. Commission meeting. t�i0T1UTv .by 1�1r. L4.��er��e�d, seco�id�ci by l��rp P�t��•son, i;o recei�e the let�ter from Mr, Dennis .�nderson regardin�; his in�teres� �n the �nerg,y Pro�ect Commzttee. Upon a voice vote� all voting ayes �;he P.10�10Ti c�rr:ied unar�imouslyp 1�40TIOPd�by Mx�. Langenfeld.� seconded by NIrp Siorla� to re�eive the ne�Taspaper advertisement frcm rir,� }3oardmar�. Mr. Boardman indica�ed that the �ity ��ould ut�.lize alx means of com�unica�ions available to advertise fcr �lembershi� i:n the City of Fridley Energy Projec�. Committee. t1PON A VOICE VOTE3 all voting aye' the moticn carried unanimously. Mr. Pe �erson saic� t�.at he �el't if someone ti�rantect to serve on the Energy Project CammZttee, they shou�d be in�erested enough to ��rrite some type of resume. r�OTION BY Mr. Peterson, seconded by Mr. Langenfeld, to approve the adverti.sement as �vri-tten ��ith the understat�ding that a resume Ue part af the critera.a, Upon a voice vote, all voting aye= the mo�a.on carried unanimously. PL11NT3II`1Cz COr�I�II ��IOId MrrTING - JL'LY 12, � 97� Pa�;e _1 1_ MOTION by� t��r. Pe�erson� seconc�.ed b,y P�1r. �quist, to continue the da.scussion on the En.er�;y ��roj�ci CommittEe. Upon a voice vote� a11. votin� aye� the motiori carried unani.mously. 7. . PROPOSED rtOLSr COT?T�?OI� ORDZTTATdCF Mr. Boarclman eyplained that th7v discussion had been put back on the a�;enda after it ti��as discovered that it had been unintent:�anally passed over. He f�l�G that i� Utill needed some work. Mr. Langenfeld felt that the members nEeded more time to review the Noise Control Ordinance more thoroughlyo MOTIOTd b;y I�Ir. Peterson' seconded by ��ir. Langenfeld� to continue the disc�ussion on the proposed Noise Control 4rdinance unti7. the next meet�ng. Upon � voice vote� all voting aye, the motion carried unanimously. 8. Cc�PtTI1��tJEi�: DISCUSSION 0�' I� ��IDLM OF Mr. Larry Dobso�. �~�d Mr. Bill Scott yrere present at the meeting regardir�g �his item. Mr. Stor�la �aid that the concept t=ra_s star.ted because the State Hun:an x:�.ghtti D�pa��tmtent: h�:�. too :n�ach ZF�ori� to h.�znr.�i e� He said i�c tif�oulcl ia��e up �to 1�3 mon �h.s -�o have a �ase heard by -them. H� said that several communities in the ar.ea have established the ��iemorar�e�um o i Ii�re�r:er��t. I; e sa_icl �h �{ U by a�vndl_zng �omplaints at the City level, th� total process o:�' fil� ng a complai.n�; coulcl. be speeded up. He said that the ��Iemorandum �f Agreement mostly spelled out hotTr the Fridley Human Resources Cor.�mission or �rhoever they designated (ti;rhich could possibly be the Tenant/ Landlord Committee) t=rould handle the i�ztake of �he information, Mr. StorJ.a said that the second part, the 30-day ��Jaiti er Agreement � of the Memorandum of �greement explained =chzt after the Compla=i.r�t uras at the City level for 30 days �Frithout bein� resolved' it ti�vould au�omatical.ly �o to the State Zevel for their action. Mr. Storla said that one ef tlze concerns exPressed by the City was their lack of people to help t�ri�h th� itemo He said that if somethin� came up that they couldn't handlea he fel� �hat it �vould be handed over to somaone from the S�ate ra�her than someone from the City Staff. Mr. Storla e�idn't foresee any burden on the City. 7J 7 �; PL�.T��1�TLI�rG �COP�I�SSSIO?��I Ps�FTIT�IG - JU%� 12 1�8 Pa � 12 P�Ir. Dob�on said tha� it ti�tas the :inter��; of �he t�iemorandum oi Agreement to make it simpler for the peopl.e in the Community �a ori�;inate a discrimina�ion c�rn�Zaint. IIe ,�ai.d, that �he presenf: Probleals seemed to be the con�plexity of getting all the people toge�her to ma�-Le sux� they co�.�.ec�: a1.1 �he Evidence. Mr. Dobson said that at the present time peo��l_e have �o go to the Denartment of Hum�rl I�esour_ces to file a complaint rather than the Depaxt�ent senclin� a represc;Y�ta�ive out into the community. P�r. Dob�on �old the CommiUsion the procedure tha.t presently had to be folloti��ed in ord�r to �i1e a compl.a:int ��rith the State Department of ?Iurnan Resouxces. Chairperson Har�is said that the mechanics of the Tenant/Landlord Committee �°ras a project cornm�.�tee of the Human Resources Commission. He said tha-� i� the Teixant/Landl.ord Commi�tee planned to become an operating Committee, �he mechanics tir�ul.d have ta be changed. He ��rasn't s�ure if the revisecl Ordiilances had any provisi�ns for an operatin� Committee., Mr. Boardman said tha� he e�rould check into P�Zr, Harris' statement. Mr. Bil1 Scott riad som,e cencerns dbol�� -the docur�ente H� said that the Comrri i;te� cvulci probably L��;rform th° proposed function. I-Iotirevex�, th� .rPS:�.den� 43�° ��e c�i�:nuz��_�l-,.y coul.d Ya.ave deep �.isgivi��.gs if the co�plaints tivere r�cei�red l-ri�tnou��; someone from tl�e Human Resources Commission being �resents �Ie said that consis�ent tivith �he Ck�barter. af �.l�e '?u:nan Fesource� Cr?r.rr.3_ssicn to dev21ap harmonious � ela�ianshii�s arid goiri�; bacr� tn �he very �k�egii�n.ing of the Tenant/Landlord Co�mittee rras based on the premisE that there �lould be pa.rticipation of the landlord as ��ell as '�he tenants. He felt that it s�.ould be inclur�ed in the document that as �vell as merub��s from the Human� ResoL:rces Cammission be �resent to recezve the complaint, that :nembers from both sides (tenants as �°rell as landlor. ds) be present 1xrhen the complaints are recPivec�. He felt tha�t complaints shou� d not be reGeived z��i�hout everyone present tha� should be present. r�ir. Boardman said that if the �project commi�tee tvas to become involved� all authorization Zlould have to be at the Human Resources Commissic�n level. He sa�_d that the initiation of the action <<rould hazTe to take place at the �Iutn�n. Resources Cammission level arid investigation could be handled by the Pro ject Co�nmi�tee. � 7L PL11r�1r7I:J`IG C�'ru��I �.".IOI1 P�iL1�.'rl'T_P�G - JULY 12, 19Z8 P�z�'�e 1 3 Chairperson Ha.rr�.s saicl that the mech�nics of' receiving � complaint �rould ��ave to inclucle the �Iuman Re �oLar�;e� Comma_ssion sittin� in join�L ses�ioz� �;rith the Prc�jcct Ccmmi..t��e� IIe :��.id ��hat a re�resentative of the �.ar�dlorc�= � repreU�n�t�tive of the tenant, and �he staff at the �Iuman Resour.ces Comr.iiNsion level tizrouJ.d al�, have to be present in order to receive a complain�. I�ir. Iiarris vras not sure that such a mecha.nism r�as possible vr� th �h� present Ci�y struc�Lure, Mr, Dobson felt that a person could be designated by the Human Re�aurces Commission to receive the complaint. He said that forms �rould be available so that anyone tvho felt they were discriminated against could make a complaint. Ne said tha� it r�ould be indicated on that form Lrho the person could contact that �=�ould be responsible for gathering aIl the information and helping th� person to pro�ei^ly fill. out ihe form. He said that the Committee t,ould be structure� sa iha� in hearing a complaint� re�resentatives fram bcth sid2s rrou2d be present. He said that it t�rouldn�t be necessary iox a_ny decisions to be made. Th� raa.in purpose of the hearin� tTOUld b� to take all the information and then fort��ard the information on to e�_ther ihe Human Resources Commission in the City of Fridley or else onto the State Human Resources Depar-t:nen�. He sazd tha� c�ho the 7.nformation iras �o be fort�arded to ix�ould be up to the person makin� the co�p`laint. A�r, Peierson fe1.t �ha�t some�ne from t,h� Hur�_an uesourc��s Commissioil �R�ould have to receive any co��lain�;s. Hoti�ever� he s«id h� ti•aantec? �he C�_�{;y A��orne,y to checxz th� ?�iemararic�ur� of Agreement to he�p �aith the legal aspects nf �;he item. N1s. Schnabel asked txrho received the compla.int� in the other communities. PZr. StorJ a e�plained the set �;p �hat Coon Rapzds had. He said that the Assistant City P•Zanager received the compl�.ints. Mr. Dobson indicated tha� the T��e�norandum of Agreeraent tix�as basically an ez�erimental concept. He sai�. that -�he reason tihat "tenants" are nostly addressed by the form tir�s because it tixras generally a�u�chanis� for tenants to file a complaint against the landlord. He said it rrould be diffi�ult for tre landlord to file a discrimination complaint against a tenan�. � Mr. Dobson sazd ihat no actual decisions ��ould ever be made. He said it l�ras mainly a nechanism used to speed up the gathering of the information. He said that the Community t�rould not decide ��rhether or not someone had been disc.riminated against. 7 f�� PL11�11'1S1�G CO3-'��rSSI0T1 ME�,'I'T��1C; - JULY ? 2, ��8 Pa�;e 11b Mr. Boa.rc�man said that the Ci��y ElVtoxney should be consulted re�ardin� the item. Chairperson IIarris said �h�t zf the City ti°r�.s �oing to have �he Memoranclum of A.�reement� then they had to hav� �;he mechanics �hat �iroula make the t��hing'� ti-rork. P�re 7�angenfe:l�1 s�id that he tira� �7; in favor c�f �he item. Ho�;rever he had some concern re�ardin� the legal interpretation and he aidn't ��rant to see a ccr�p�et� divorce from the the Human Resou.rces Camr,�ission. Iie 1�fan�ed �o determine the actual �unction oi' rela�ianships this pro�ect �vould focus on. t�02'ION by tfro Peterson' seconded by ��Zr. -S �orlag that �the discussion of the Memorandum oi Agreement from the Human Res�urces Cornraissian be continued contin�ent on t�hen �he ans�rers iroul.c� be received irom the Ci�y At�orney. Upo� a voice vote� a1Z voting aye� the motion cai^ried unanimously. 9. RE� �IVE CO��tU1��ITY DEVEZ�OPI��NT COMNIISSIOI�T MTT�tUTES: , MOTTON by Mr� Oquist, seconded by Ms. Sc�lnabel, to receive the Communi-��T De�relopment Commission minu�es of June 13� 1978, Chairperson Harris s�.id. that thP Ci�y �aun.cil has appcinted a S�afy�' �erson to act as x=eNrcu�nta��ae �c tl�e �'lir�o�� Committee. � UPON l-� VOILE �j�TEi �z1.� ��k:i.n� �ye� �rie rro-L�.on carrie� iznani�nously, 10. RnCLIVE ,��F'� �'��LS COIv�I7SSI0I`t �ZINUTrS: JUN�' 27, 19�8 _ MOTION by Ms. Schnabel, seconded by T�TrE Peters�n9 to receive the A.ppeals �ommissicn minutes oi June 27s �g78. Upon a voice vote9 all votzng aye� �he motion ca.rriec� unanimously. 1 1. RECE_TVF Pi1FI�S & REC�LIITION COI'�CMIS�SION �I�TJUTES : MOTION by r�r. Peterson, seconded by Ms. Schnabel, to recezve the parks & Recreation Co�mission minutes of June 19� i978. Mr. Langenfeld said that he �vas very much in favor oi the Backyard 1`Jilderness Program. 4 7 i'1 PLI.?��T'�INC COt-1r��I,>;I��rt P�IrET_TNG �- JULY 1?, 19�i3 Pa�,e 1 a Cl��:irpe�son. 'r.Iarris asked ii the�.r. E, }�«cl b�en arLy communications re�arain�; the maintena.n.ce �urn-aver o:f Locke Park. Mr. t�oardman �aid that thE C:ity l��as r�loving sloti1rly regardin� the item because they ti��ere lool�in� at the possibiliiy of exchanging propertie,� (�ears �roneriy) . He �aid. that the City ti��as filling out applications that arE d�ae July 28, 1978, for Loc��en grants and the aears pro-r�erty ��ras �r.e, He sa.id �;hat they tiR�ere l=�orking �ri�h �lnol:a CountJ to �et the ;outh 1/3 of the Sears property cl.assified as r�ar�; of the rcgional trail. system and that could be acquired through regional funds, �Ie said tha'; they then tivould try to a.cquire the Ilorth 1/3 of the Sears Property t•rith Locken monies and then possiUly exchange prope.rties yrith ILnoka Coun{;y for the remaznder ef the ��ears I'roperty. �lr, Peterson felt �ha-� l�rauld be great I He said that North Cemmons Park r�as grossly over-utilized.' He said that rridley had tetally OU�'.�I'O�':'n the North Comrnons Park facilities. He said that tr�e progra.ms being offered by the P�rks and �2ecreation Dep�rtment are nat reaChing all the people interested because of the la_ek of space. UPON A VOICE VQT�' all votin� aye, the motion carried unanimously. MOTION by Tfr. Langenfeld� seconded by J�Zs� Schnabe�., �khat �the Plannin�, Coz:imzss::�.on „eceive the �ern.o frorn Dick Sobiech reoardin� ihe "De��: "or T.�oc1-ie Pu:c�l.,'s da�ed �uue 1 E 9 1�,7�a in ��Ji��.ch �he City Attorney � ndicated �Lhat ther� tixaoul� be no pr�blem ti�ith the dec)ication of �he ;nax�k io the County and thafi the only concern lr�s -�i1e c�rin�:�iiig oF alcohol or_ �ch� �a�^e::ii s�s. Chairperson I�arris said that if the funds should no� be available for the acqui�itian of �che Seares Prop�-rt,y, the possibility of getting the County involtred in at �least �;he maint�n�nce of L�cke Park should be e�plored. Mr. Boardman said that thex�e have been many disc�assions �vith ihe County regarding Locke Park. UPON �. VOIC� VOTE, all voting aye, the motion carri.�� unanimously. 12p RECETV� �'NVIROr�IjI�'NTI�L C�UALITY COA'��ITSSION r��INtT`.r m M�TION by P�Ir. Langenfeld� seconded by rir. Storla� to receive the Environmental C�uality Commission minutes of June 20, 19?8. PL�11'1�1IPtG CO2��7�iIS �IOP1 tfi,i�TII�TG�JUI�Y 17, 1978 P�.F�e 1� I-ira Lant�enfeld said +hat the Cornnii. �s:io�1 made a�vall>-throu�h tour of run-c�fif ui�es, i1e �a.i:d tha� tl?e 1.a�t para;raph or� pa�e 1 ot �he rninutes vras the "ti��hy" thc t�ur ti�r« � mac3.e; thc first ��aragraph on pa�e 2 tvas the '�r�here" thn tour t��as �:lacie« Iie suggested that al�. the rnEml�ers of the CommisNi�n reac� tk�e �-,inutes. He said that a motion ti�ras ma.de to have him appear at the July 10th City Council meeting to stress the po:int that a thorough study be mar�e on overal� developments �o eliininate any real problems in regard� to ti�ater �lo��. Iie reitera�Led ��veral examples triat had been made in the �n�nu�es� T�Zr. Lan�enfeld suggested �ha� the Planr�ing Commission members read the article bJ t7s. S�orre re�ardirlg "Ener�y Conservation ar_d Earth Sheltered Structures" Seminar. Chairperson Harris asked if there had b�en any discussion as -�o �rhether the Builc�ing Code r�ould have to be modified. T�Ir. Langenfela said that the dis�ussior. never �ouched on the Building Codes. Ho�,revery he felt tha.t I•Zs� Sporre did an excellent jab on the report. UPOPd A VOICE VOT�, a1.1 vating ay�? the r�otion. carried unanimously. �.DJCUPT]i�i:�i`�T �, MOTIO�d by Ms. Schnabel_s seconded. by P-�ra Oquist9 to a,djourn the Jul,y 12s 19�c�s Plannin� Cor�M:i.ssion mee�in;, Upon a voice vote, a17. voti�xg ay�, the r�c� �iorl c�{rri�c? ui.ar�i�:�o�.si y. T�:e x��e�ing �:�as ad journed at 1 1: 47 P.I•Z. Respectful_ly sul�mitted� l� '�-� , Ma�'yLee Carhill t�eco rding Secretary 7a .i.� ' a `O ° .iU ry e �� t � r I ' _ _ � � e ,\ '��:�) . . Y ♦ �.� v. i.��.s , . .. '4 . � . � . . 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', Y'. • U / ` 1 Y� �'.i� �,) -i� �y'�d•• - •�n .( � , 7S ; �^ IIt.1.unO�luc 671GU(�(i [.:'.1 trraisiar�t►w Car 1 Page L S ir]8-03 ' ��;� �i ,��.,.� r,� r� r; �. v (" C�QwfG''L F"F@fWQ,� I��lu i �p tis,P�lutneui i��ll? :`�(�� . —"__._... .. . .__......_. _-•' "' —..�__.......�_M._.___.Jl .. _._.._.._--" �p.✓, j =-IIfC.='_"`�--'_.-' =_��.......___._._�._..._..� _:,...__..___--..� . _ . ---'---.�. _. \�� uulhl)If�a� 2;J.1GSip � ('�rd �;llidun/er( F.n/,inrrnng o':ud Tr.ltn� � Land Si�r� rwn;; a L�iriA Plunning 1 IUI Chfl Ho.id ._�_-_ ._ _'.- , ^ Ilurnwdb.�, hlinnesuta JJ.i.�% � 4 LJ ❑ � � ��-��,�� .��,� ��.��y�� f��, ��I�L r Y ��"� i� �,�N� r I �' j 5�`� Eu � 1� J�' J�'� - P P�, ��/ �,�� . /��h. L � �.r.CQ��.1��y��± �{ 0 , � rn / w�' . ."".,... fXIST'ING /�UUsf � ,� .�,,,, ,,, - � � l�o�,n lri;o �r �u; ,r, ;�,e,o;o�a' �ar�ens ��°� th`� �+ s� °' — 358• 65— � ,�� ' 140 n�oo "'s x s FX'Si�ti�G GARAGE I' a �«� � ,o e�' - J � i � �� 359. �q �=— G'�C��Eti'A AV"ENUE NovEMB�R , 1977 l �+2`�'$a , �_._ 70 � . �` N r �� / c �°� • t.,' ^,(� , ot i;�` �,�h �(� t�n �� °�t�\�� ` o \ C�a� � �� L.��' l�, /��(� L OLA�VD �ARDEN�' ANO�CQ COVN rr Sul�ec� Io oorlion lo��cn tor ��Q�i�N��y pr�o� anq eosFrnenls o�'iQCoro! 1:�tio�� ol u♦u�ve•Y c�f thc bou.�dciriet o( thr (u�i�l t�l�o�� dnteribc�i Qnrlaf Mc cxrY ar FRZDLCY APPCAi_S C011f1TSSI�JN �iE�ETI��dG ^ �1lJNE Z7, ],97b `!°,LL 'PC OR�E� � Chair�?f�r�son ScPinabei �allcd the Jun� �7, 1,978, Appeals �omm�.ssion meeta.ng to arder at 7.36 f�a(�o R 41_ L. C l�, i_ L� M�mbEr�s PrE�sent;: Memb��^s �bsent: Others Present� Pl�mel, Schnabel, Gabel, Barna Kemper Ron Holden, Building Inspectoi� APPROVE APPEA.LS C4MMTSSION h1TNUTES: JUl�E 1,:�-, 1�9?d MOTI4N by 1'!r• Plemel., secona'ed �y t�s• G�be1, to approve the Appea].s Commission minutes of Ju�-�e �,3-� 1,978• Upon a voice vote, all vot�.ng aye� the motion carrieci unanimausly• 7,� REaUFST FOR UA��AhJCE OF Tf-IE FRT�i_EY �TTY CODE, SECTIO�J �14•045'YQ'iL9 1'0 �XCEED 7'HE f1AYTi�IUf� S�2UA,i�E � Or.7i �,C� OF A FREE S'�ANDIidG SIGtJ �P� C-� ZO��;ITJG {G:�i�St;�;11_ BUSI�PJESS /:fcEAS} FRO�M 30 � S�UAf:�. FEE'� TO 1,1,5• 5 S�UY,RE ��T� "r0 ALLOtil THE INSTtaL��:`IIOrJ 4F A bz �y 4� C�E��F:R B�l��v t1P�Jl��P r-,!V EXISTTNG 10''�y�'9F PYLQf`J S1GfJ-� (=0� �IUDY`S f�i�S'(' +t.l}�i,��,►, LO��T�D ON LO'(' yti E�t_�CK :L-, �AS'i f��PvCH E�`i`I�;TEfiM St=,U(��1i 1;U➢I'iIGN o ThE SAr1E _ .,_��... -_._. .._..�.�_..._......�.___...�_..__. BEI(dG r�90 UNTVERS�CTY AV� ��Uc NF , i=R:C�L�Y, (`+iV• {REQUEST BY RICK FONSI�J��;TN-� 76C7[� 5?th AVEi�UE NORTHti SUITE �D6� CRYSi Ai SQUARE E3UIL.DrNG, CRYST�aL� t�N 55428-� MOTIO(� by Ms• Gabel, second�d by Mr• B�rn�, �o open the public Hearing• Upon �� v�ice vote-, alI voting ay��, the mation carri.ed unai�im�usYy• The•public hearing was opPne� at 7<<�Z P.M• ADf1ZN�STRATIVE ST AFF R�P4RT A. PUB1_IC PURPOSE SER�/ED BY REQUIREPiENT: Section 21�I•L145�B,2, limiting free standing signs io 8D square feet in �rea per development• Public purpose served is to cantrol vis�al pollution and excessive use of signs in commercial areas• B• STATED HARDSHIP: Reader board is necessary for store operations in advertising daily specials and for store announcements• The reader board has char�geable letters and is consistant wii:h sir�ilar store operations and with other signs in the area• 7T fl.PF�E=�LS COi1(�IS"TOPJ (1FEiIP1C, -- �lUNE C7, 1,97t1 Page � C• ADt1IP1IST��ATTVE S1'AFF REVIEW= 7U The sign plan subnitt�d shows thati a`�7,•5 square foot sa.gn as exis�zng on the �ouble pylon• The addz�ion of a 24 sqiaare foot reader b� ard woul d: ncre asp �he tr��; al to 1Z5 • 5 square f eet • The building mansard re�of has two signs now• It is difficult for staff to determine.the real "hardship^ at this writing• P1r• Jerry Pasch{:e of Judy's i�est:aurant was at the meeting• Ms• Gabel wanted to know why the existing szgn was 9],•5 square feet wi�en tt�e code had an 8f] squar� foot restri.ctir�n on the sign• t1r• Holden s�a,r� th�'t th� sig�7 went in before 4:he new Sign Code had been adcpted� Mr• Paschke said that they wanted �to put a reader-board under the existing sign or� th� pylon• He saici �hat the sign was already made u�; they needed approval, however, to display it• thairpers�n Schnabel wanted L-o !<nc�w wi�at the new sign woul.d �e used for• �ir• Paschke said that it wauld be ta ad�l�rtise specials thai: the restaurant wou].c! be having- Ne felt i� w�s nacessary to help drai� clientele into the resta�rant• . Chair�erson Schnabel wa�ted to �r�ow ho� often �he r��d�r bo ard would bp changed• Mr• F'�schke said that it would probabZy b� chat�ged weekly- Mr• Holden explained that �he sign bcing req�ested was a manual, changeable copy sign• Chairperson Schnabel said that according to the new.Sign Code Mr• Paschke would be allowed to use one free stand�nq sign per street frontage and one roof sign {�F�e use of a roof sign wvuid substitute for the permitted free standin� sign along .the street frontage that it faces}• She said ti�at the Comm�ssion wo�uld have to make their recommendations based on the current Sign Ordinance• Chairpers�n Schnabel wanted to knc�ul h�� the� sign was constructed and 'the color• Mr• P�schke said that the sign w�uld be white with black Ietters• Ne said thr�t it was basically ma�e of plasLic with metal frame• 7V nr�nr�r,s r,�r�rhr �sx�r� r-Tr�rT:tr�r - J�Ir�lr 2 �� P� e � ChazrpErson Schnabel �trarited to �cnotira ti�r�� vas meant by ��s:im�lar Utore aperatior�s". She �.sked. �.f �7udy� s was a cha.in restaurant. Mr. Paschl:e said that i� vras a"c�ia�_n" restaurant. He said �he one at 7Bq0 University �Avenue ��IE ��ras the firs�; in MinneUota.. Chairperson Schna.bel asked 3_f the other areas had the reader boards simzlar to 1�rhat was being request�do Mr. Pasch.�e said that it �aa� a design �hat v�as used by all the Judy Restaurants. He said thai; �he '�main" company� supplied all the signs to the restaur�ntso Chairperson Schnabel stated that she felt thex�e vras adequate si�na�e present�y existin� on Judy Restaurant. AZOTION by P�Is, Gabe1, seconded by Mro Barna, to close the Puhlic Hearingo Upon a voz,ce voteg all voting ayeg the motion carri.ed unar�imously. The Pub�.ic �Ieax�ing tixJas closed a� (:58 PoM. Mre Plemel said that he could understand trLe fact that the p�ti�ioner i�ran�ed as much e�osure as possible�, I�ovrever, he felt th.at :.� z�.ce the City c�f Frialey had a Si�;n Ordinance� it should b� adhered to. ��e fel� that the restaurant had adpquate signage� Mr, Barn.� agreed i;hat there �vas adequa�:e sit,;nage� Ms� Gabel feZt �hat the hardship ti�as Fague and the res�aurant had adequa�ce signage. She f�lt �hat the xeader board «rould not make or break �he business oi Judy�s Restaurant, MOTION by Mr. Barnag secona�ed �ay Ms. GabelF tllat the Appeals Com?nissian recomm�nd denzai of the request for variance of th.e Fridl�y Ciuy Cc,de? sectior ?_11.�AO1.r.5sB,2, to e�ceed the maximum square zoctag� of a free standin� sign in C--?_ zoning (General Bu.siness areas) from 80 square feet to i15.5 square feets to all the instal.iats_on of a six foot� by four foot reader boarc� under an ex�.s�ing ten �ooi; by ninp foot py'a:.Ori sign! �or Judy�s Restaurant, loc�ted on Lot 19 Block 1, East Ranch Es�ates Second Addi�;ion, �he same bein� 7890 Un.ive�sity Avenue NEa Fridley, MN because the existing sign already exceeded �he 80 square f�et ever. theugh ;i.t tivas an"alr�ady exi�tin�" si�n and there didn�t appear to be a definite need for �he additional signage. UPON A VOICE VOTE� all voting aye� the mation carried unani�ously. . , �.�.,� r,Pr�r�s�^ �;�;��T� �xa��r ��rrT�1��r�� - ��tTr7r � � i � f3 ��r�. � e t. . � ��i Z. 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A)�. 3'I��lJii'i L�il�i. . . H��i1 �� l I1'�y 1 �+ ( 7 ""T �� ii� .�i .� -i -.� 7 il "� .' 1 :-' 1 f�r'11 � 'S f^'I ( 1 • �.� 1�T T {� �llll��.l��J /� / 4J�/� �.\l 1 „ Ail �� l./1 Jlt� J�% .:Ji1l�1�J�1'�Y 4 �'L�J l�f:i�l� �l�/i.�l� �� T T i 'r ,--- �/ � . JI 11 �J� ..�e i'?��ij�i.L�-r..-.r�.�1�1<��J��J��lilo R%��U.�.;�':L� .t�:� .�,i.�LIUii �.�'1, � i��Ii��' ,`.��'1.'� Iii��THOiTY Vl'LT��iGi� SH�PP.IidG CL'�)TER,. II'�C„ 25 II�IIV�I,SITY AV��1UE SE� 1�iITv'i��`LAPOLIS9 :�TZ 55�-5 �•) . i�l�TION by IIr. P? eme19 secandec� by 2��Zx, Barnaa to open the Public Heax�ing. Upon a troice vo �e, a_l'1 vot� .1� a;; ep the motion carried unanimously. The Public Hear.ino ti�as opened a� ?:03 PaT•Z, I�•Sr. Elliott Sal.iter�an ti�ras present at -�he meeting, ADI��INISTRATIiT� STAFF HI�PORT A, PUBZTC PU?ZPOS� STRVrD ?3Y R��UZR��Z�`1T, Seci;ian 205e103�1��A�2s requiring an 80 foot se�bac� for the mair� sirvcture �ia �iy pvblic right of 1ra� in C-1S or C-2S Zonin� Distr.ic�. Public purpasa served �y �,;his rec�uire�zen�: is �o provide �or adeauate Uarl�ing anci open lan�sca_ped a.rea a� ti��pll as zo avoid con�es�ion aud provide ac�equaze si�e cieara.zlces in commercial areaso B. STATED I�.P RD,SUIP : 1'Je prop�ose to add 55000 sauare fee� -�o �he existing Country Club Market, rPhe a�?di�ion rr.i.11 Ge 40' x 1 Z5' �, 1�S�st of the ada:ition ti�ill be in compli�n.ce zri�h e�is�ing se�back requiremen�s� ?'�e request a variance for the n�rtifln shaded iu red on t�.e atzached diagram. C. ADi•SINISTR?1TI�iJ Ssi_'AF_�' �R�'ORT. The Coun�try Club ��a.,.�l�et is 70e5 �e�i: zrom the publi� ri;h��of-;�ay on its SouZh�res� corner. I�,ith the code requirenen� oi a� 80� sethackg it is already a non--canfor�ing uses Tf a 1�01 ,> 125' addi�ion is put �n, it laill be j0 feet from th� buil.�ing to �he righ-�-o�'--1�ay. It is stran;ly su�gested ��at �:he 11drive.Ja��" sho�m on the ori�inal. drarrin� be deleted to avoid vistial pol� ution av.d tra�iic congestion at both 1'!est side entrances. The e�is�ing pylon si�n pos�s �rould haye �;o be renc�ved, Please note tha� the petitioner's drarrin� is in error by about Z5 feet. The building �ill not b� 58 feet� t�ut �0 ieets from the service road; . , �' K J17` 1" JbitJ ��.) Vt../l'li'��.1.r)� ) J.�J�M 11 1'� I'll�� l.I.lil:( t1 111-11'� L. ( 9 1 J( V !�� cJ f'.0 f P�7ro IIoI_clen said that �he exis�::in� Country Club I�Iar�et� a� the close at poin�l; �Ln the sex�vice clriveg ti��ac 7U45 i'eei;. TIe said t;hat ti�rith the propo,ecJ a�.�d�_tion the clos.eU� pain�� to �the service dr_:i.vc ivoul_d be appr��imately 30 iee��e Hc said t;h�i�; ttiere !�rati a vtate:r l�ne thai, lpoped around t}ze Uui7_clin�, IIe sa3_r� -�ha�, th�re vrus al�o a f�,re hydran� connec�ion �hat tirould have' to be moved. I�Zra Saliterman had a survey o�' the enta.re shop�ing centere It tiqas an ori�;inal survey anci there t��as some discrepa.ncies involvin� the point � of ineasuremen�t from �;he store to i;he servic� drive. St tixras assumed that the discrepancy 1�ra_s the fac-L that thc service drive had been imnraved and ti�aidened since the su2°vey had been made. Mr. �Iolden asked tnat a verif'ying survey be submi{;ted to City Hallo � t�Ir. Salit�rman agreed io have an uPda�ed surve� made. Chairperson Schna.bel asked if the area bet��reen �he buildin� and the service roac3 �°�ould be blaGk�topped oz^ greer� lanascaped. area. � 2�Ir. Saliterman said that h� tiv�uld agres fi;o do ti7rhatever �he City tivanted him to do. Mra Sali�t;erman coramented �hat he ��rould pre:fer to keep the driveway as indicated since �.t ti:as a designat�d fire lar_e, T�Is, Gabel asked abou� the eFis�in�; pylc�n signQ Mro Salitermar!. said �;hat the issue h�d been c�r_�.:inue� by Gity Council. He said that it ��as planned at �hat time to take the pylan sign poles dot�m �nd the ne�� restauran.t l�rould add �heir sigr to �he alreac�y exi�tin; "Shoxeilood Plaza" sign� Mr. John Bergstrom af 1086--63rd Avenue �7�E �-ranted to ��notrr the di.stance that 1�rould be• be�;r�een �he load:irg area oi the proposed store and the fence that exist�d bet��Jeen the shopping ccni;er and his rear yards rgr. Holden said that there �vould be appro�ima�el9 �0 fee�L, Mr. Ber�strom said tha� i�t concerned h�.�i because presently trucks v�ere knocking the fence overe He said that his fence ��as do��m at that tir�e because a trucl� had l�nocked it over the prev� ous n� ght. He said that there really ��roulcln� t be room for a l�.0 foot truck to �urn axounds H� su�gested that they make thE rear loadir_g aa.,ea a one--��ray road��a5*. Z�Ir. Saliterman said that he tivoul� �1:ry to �o any�h�ng that �vould make it easy for the �rucks to do their unlaading and to allev�.ate any problems for the adjacent neighbors. .. . . � �� . . . ... APP1,/1LS C��r�IS �"T011 ?,iFT;T7P1G .- Ji1(Ij;�,?_. , � 978 , . . . . . Pa�e 6 2�Ir. �er��trom pointec� �out tha�L the fcncc d�.d not belon� to hirn. Iie said �l;hat; :i� ��ra_� ir� need of updat:in� and hc� fc,1� �hat the Shonping Center sYiould taY.e care a:C i�� He fel� i;iza� ��ossibly tne p��s could Y�e put in the ground c�eePer so tha�; it rrou:t�d riot ia11 aver so easily. Iie al�o ti�rould like �;o see the fence rnade h�.�;her. Chairperson Sc�inabel aslied if it r�oulcl help I�Ir, Ber�strom� s situation if the rear area of �L'he shop�:in� center t�rere mad� one r�ay. P�Ir. Berg�t��om waid tha� he fel.t it ti�lauyd help grea�;l.yo Chaxrperson Schnabel aslied M�^. Ber�str^or� 1�rho hE notified v�then he had �robler.�s ��ri�;h �lle �ence� . Mr. Bergstrom said that he a.lt�ays �tr�..ec� to notify the ol}mer of �he sho��ing center, bu� he ir..dicated �l;ha�t it ��ras vir�;ually impossible to actually contact hin. Mx. Saliterman indicated that they l�rex°e almos� alti�:ays in. the office in the mornin�. ITe said that they had e�ewienced probiems ti=11��1 their present anslrerin� service as .far as rnessage relay�_ng� He apolooized for the trouble the Bergs�rom�s had in con�a:cting him. Chairpe�rson Sc�znaU�;l asked tishy Coun�L:�y Club ti,an.+ed �he additional 5�000 square feet., Mr. �aliterrran sa�.d �liat �oun�r.y Club to7 d him �;hat �hey .felt the addi�tional 5�000 square f�et oi selling space ti�as needed. He said tha� the s�Lore rras c'rampedo He had a sei; o� dxav�ir_gs �=aith him shotiring the proposed Coun�ry Club 1�4arketo The Appeals Commission members tivere impressed ��ri�h �he plans. Mr. Bergstr�zn agreec� that Coun�ry Club did need more space4 He just didn� t tiaani; �;1i� store to get any closer to his prc�p�rty. . Chairper�on Schnubel asl�ed if the exis�ing Shoreti��ood Plaza sign �vould remain af�:er ihe proposed shopping cencer ir�prover�ents, A7r. Saliter.r�an said that it tiv�uld re�ain bu� that he had agreed �o reduce �he si�n area �o Lamply tivith the existing Sign Ordi:�ance �vithin five y� ars. Mr. HoidEn poin��d out that S�arf did not �rant to allotiv any parking on the ttles� s�cie of �:h� Coun�r3r Glub l��arket, He said that r•S�. Saliterman should make sure that a 1and�caping plan tvas submitted to City �iall. He said tha� the �'Jest side of the build�.ng should be green� landscaped area. nPP�;/�S„`� C�P�tf7 �"I�11 1�I1;T�TTiIG Jr1P�T•' ?_ 17` �3 �_..._. P�I�:c: 7 _ �- �- t�s. Gabcl said tha� ;�ome a_z�rant;erx�e�:�t� �h.auld be made so that the Ecr�;sf;rom4 s tcnce ��ias rcpaircd � a tl�a�: ��ie,y ti�roulcln� t h�.ve to look at �he r. ear of �he �hopn_�_nE; cen�ero �]�e �e�_t tha1;- they �houlc�n� t have �o � tivaxt uni;i.l the entire shoppin� cen�;er tivas upda�ted ai; � later date. I�iro S�literman said �hat i�(; ti�ta� thc £ir�t he had heard that the fence �tras dotm. I�e apo7 o�;iz�d �or �he problem. � Mrs. Ber�strom �aid �hat the �trucl�s really did cause the problem� She aiant t feel that they ini;en�tiona.11y l�nocl�ed tkle fence dovm but it did happen and did cause pxob3_ems ior �themo � � Chairpersan Schnabe:L indica.ted �hat a�t had been established �hat the rear yard setbacks tiroulc� be tiai�hin Codess She said �hat the entire l�Jest side vrall did not meet the required 80� ioot setback, P�40TION by P•Zrm �3arna' seconded by T�Zso Gabel, to close �he Public Hearing. Upon a voice vo�e� a17 voting ayeg the mo�ion carried unanimously0 The Public Hearing r.as closed at 8; �6 P,Zi, . Mr. Barna aske� if there ti°�ould be any� sa�e�y proble�s or site ezicroachmen-Es tvith �the ne�r addition to the Country Club tviarl�et. ' P�7r, Holaen .sai� that by using lo�e landscaping on the t'lest side of �he Uuildin.g� �here rrould be no s�.te cncs�oachments or traffic safety problems� He said th��re tfould be approxir�ately 35 feet from the vision point oi a cd:c to the service road„ MOTION '�y P�so Gabel? secor_dud by ASrm �arna� that ��e Appeals Comr�issiozi reconuaez�d approval of the request for variance of the Fridley �i�y �ode' Section z05,103F1�. (A�z) to recluce the distance from any public right of rray o� a structure in C--LS zonin� (Gener�l Shopx�ing areas) from the required 80 feet to 30. feet, to all.oi�r a�-0' x 125' addition to the Country Club t�Tarket in �t;he Shoreti�ood Shoppir.g Cenfer, locai:ed on �hat part of Government Lots 1 and 2a being a part of �:he south,��est quar.ter oi Sec�l;ion 30� T-30, R--Z1+, lyin� east of a l.ine dra�m 20 feet east of the easterly line o� state highi��ay� m{5� as tlle same a_s no�tr laid o�t and constructed� and south of the south line o:C Nloore Lake FIighl�ld 3rd �lddi�ion' �he s�ne extended e�sterlyg the sanie be:ing 6225 Highti�ay ;�65 NE� I�'ridley� MN9 tivi�th �he follol�ring sti�ulatior.s: 1) The traff:ic behind the buiidin� �ossibly being se� up as � one-rray traf�ic but shoulc� be tivorked out itriil�. �h� Engineerin� . Depar-tment as v�ell as checking into the driveti�ay th�zt goes to the Ziqupr Store froM the Shoppin� Center �aitl� the possibility of closing that drive-ti�ray o�f. 2) Pylons be removed from the Northtives� corner of �he Shopping Center. !�i'PI�'11I." C('�if1��T�rI�11 �-1T;i'`T`TI�iCx Jfi1P�iJ' ��.. �,.�!'P . .,. ._....._P�ap;G �3 . % i�'� � �.� . � .�� 3) �do �?arliing oa� �he 'e`Jc �i; �:i.c�e o�' 'Lhn 'auild3.r�� and convextin� :L1; to a la.nd�ca�ec� area �.) I�n overall lanci�capin.� plan be :�ubrr�ittec� to thE Plannin� Depaxt;rnent, 5) That some�hin� i � donc �o fi� th�; ience exis��.no bettireen �he shopp:in� center and t;he adjacen� r�sidences so that �he fence is in more stable conditivn.o 6) Tha� the Coan-�ry �lub sign com�".�� ti�;h the ovez�ail shopping cen�er plan. 7) Tha� an u�Cated ve�if;�ing survcy 'a� subr�ij.:ted to City Hall. UPOl� A VOIC� VOTE� all votin� a�e' the mo'tian �arried unanimously. 3. OTHER 13USII�?�SS Chairperson Sehnabe�. said �that a� a p.revicus Planning Commission a nelv ��la� tiras proposeds She sdid that fitTe foo�t easernen�s vrere • shotim on all four sides of the loto She ��anted tc� kr�ocr :��hy such easements �xlere required and 1�rhen that Ordinace carae into bein�, r��r. Holden said t11at he ti�aould check in�r.o the ma�ttex for Mss Schnabel, ' AD,70URi�It�iP�TT � MOTIOT�? by r1z'a Plemel� seconded by A�r, l�arna� to adjourn tha June 27� 1978? Ap�eais Co~nx�ission mee�tin�, , Upon a vo�.:ce vo�es all voting ayeg the r:ieeting t�ras adjourned ai; 9:17 P.i-�. Respec�;full�' subr�it�;ed? �� t„� , _C%% .e� `" '-r i�faryL e Carhill Recording Secr�iarST . � � � �� O _� � QI � NI �� t0 - I �� Judy's Hamburgers � 78.�1.Q._U.��_y r-s i ty Ave. NE � �xt ai°! �-► Ca •� t L� �ll pou�.e L�x� �'AC� ( �' �;�d��-,�--� �>��re..c�', -� �--. ____ - �-- t0 ��-s�..A ��r�t�.��..�. , � d- 2� s� -�fi. � bouc�a._� LcxaN �'� �-� . ��_ 9�J2�� 4,, o,��„ _� 4 Q . $5JB O.D. �j'j'C�FI.�tN� AT z7.�.«�� - . 7�a wAw W►uL Up lutiss�e Lo►., � , ' toNVi�� WjW•P, Fax '�" liuyu C�uc. C��rB � � '� � '------,�-�,-r -, � ----- �._:._:_�:...__ �'- .�+� !��,' 1 , i I.. � . 1 ..._ � .„. ��..... 1. !� � : _�.— /...,i . .._. ; { � �',r � % �� /��lr^: T:j > . .yll�`�R�,'Ri��, ., i 4 ir"ES'��Y :+44��',.�," .. . � . � � s�i rt4',_• " . . . � e+d�� C'. '<'[:� j , �� F �x r S `�.� �� H,�MHL'RGERS . �` . ' . . - `� .. yc,-., - ' . Vb�.:r+4.... � � . ' � . ... �,.:•, .,.�� j�i(,�Or'bSEO ,`��i ,�`•, S f G � . ;� ;-,... t.o c ,�-ri cs,� +�� :- . - .._.. _ • `df � . . wi.�'. . J' . , . . ... � � il�i>11% r . ] ' � �,.l�t �� .^_ .-_ � �^�• ras� ,w ��w+�-a�.� - t . 'i.�t7� � ' .. ... ' __ °� . �. : w . . � � i ' i � ( � � ;� i � � � —�---�—� - — --T— - � i � � I • i Country Club Market ' , , � ' 622,5 N i��nway 1165 NE , ..�,,� .__._ . _____,.. _. �.,___ , � �k ...�....,"�.. -^. i � I 1 ( � ' � , � � � � � ; `S� ; ; ; ' C� 3' �' ; , r. � i , ; � � i �I , g a� S E-' i��tL .�-� ...��_�A' � -.:. , 1 � ; ' -- �. � � / � � . ! ,,�.�,..'r.�.. �y� : ___-- -� �- ,.l�._ _ _�. _�..-, �'` , � , . � , � ! i i ; . . ; � � ; , ; �� ' �i�'! � .._.._.:. '� • , ; ♦ � i � � , �,T,�! i �'� � ` � , � ; fy,�,� ;�� ; � ' ; ; ; � i ' ; � ; � � � � �� }'�'o Pa s� v' , ' i � /t�o'Ji i� � ' Ao�,r�on� ; , ; �_�--7.----{_-._..�_� : . ` . I . � . ! . t 'r'.' / � ��, 1� �, \ i` : . . . { . ' ..`/'� � ' . � � � \ ; � � � ` !� ; . � . , i . . ��' . i } \. ' . . ` ` � �.. 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J� � J�.� � � ' i ; ; ; i , i � � I . � : �. ; �,<; - �: l � � � : . � � ' ` 3 I I 1 � i ' ` o- � { i � ' � `�-��. , , _ ,_"��'ti.� ' . � � ' -"' it ' �� '--�. t j ' � ' .. _ ', ! ; : i � � i - tf� , ., ..__ � �L � ; � � ; � - . - , �#�� E.ALS ' � , , ; , _, ; � � , , � �, ' .``°�-...�.,:n^� � � _ • -y `�'' � �/� � �.� � `t �7r♦ c� Cr z" c3��;=—~�",� 1��r� r.v �� i�� 6 � l�so�...�.�.�, �� ' I; � ! ; ? , , ' I � � ; ; M�kyi"S�lU aATE � � 7 �� ' � � �i �� : � , � �� ; � � � , o � , , ; ; . � W ��I�I< I rt,�t� ; , ; I � ��Tl� ; . , � � . . .. , . . . � ' ' 1 � � � . . . , . . �� ' � �� I � � . : ( � � ; : �:��C,T,_�s,,f,: �; / ��- 3p � � �� ; � � � 2 . � .r . � .� , ;�;.; � �°/��. ., �;; � � ,;. �� : ; . � � � � . . .... . . T . . . , . . � .,. ' �', � . . ....± . . . . PRELiMIh1ARY GRAr{7 APPLtCATION FOR lAP1U AND 4,ATFR COP�S�P.VATIQN FUi�D GRANT (15-400} '', ' , ANU LEGISIATIVE CO_M1IS5IClN Ut� I�i1Pl��ESOYA RESOURCES �. . ,. ,. . - When ta Submi t: ' , . . . . � ;_ . � 1'his app7ication must be submitted by 5c00 p.m., yjuj,y,,,.�;�j�j,$ to be considered : - _ far fiscal year I979 • �Where to Submii: „ ,"� , '; � ` . Send one oriyinal signed copy with proposed dacume7tation to: Park and Recreatian - Grants Sect�on, .�itate Flanning tigeney, Room 200, CaPital Square Building� St. Paul, ` Minnesota 55203'and one copy to the M?tropolitan Councii,. 300 Metrb Square Building, '. 7th and Rober't Str;�ets, St. Paul, hiinnesota 55101. - . a:.-:� � ��-> �. - , , , . ; ., __ . - ,.,� .�, ' A��;Name,�address and;p:�i�ne number of poiitical B. Ferson�t� whom inquiries about applica-- ' ;sub dtvisio�l.respon��ble for the project tiun should be�directed :, � .� ' ,. . _ . , , _ s, - � _ ..i t! s,r�: z - . , � S�Y�"of F�? a��Y . ,. . .. _ . ; . . ,. , ., , .� .. . � . . � .. � ,. ,� ., ._ Fiame �Jerrold L;:`' Boardman �:` ,"., �� 6431 Uni.versi�y Av�nue N.E . Ti t1 e Ci.ty Planner - '��: _ :' • �'ric�ley, Mn Anoka qddress, Saun y! . 6�,�1 Universi.Lty ;�ver�ue N:E. . v�� 55432Rrea Code 612 Phone 571-3450 , Zip 55432 Area Code612 Phone5Z1-3450 ; �.�. .. . :. . . .. : . . :., ' .3 y . . . .. ._ .. . .. �. . ,.. .� .. . ..,,. . �= C . Na�e�of Prnject -. _,. . ,., ,;� __ .. . .. ` . .•. , t , . Fridley Community �Park Complex . A . y � . . � 4 f � f � . : ,:: �" D.:.: Type of Pr.oject: Acquis�iion �] .� Development_ �[] , .�. Combinattort [� � �� _ � (check bax) , , : � . .� _, . ` • Soft ba11 gootball ': gocke _-�ecre��'1 ' � E L��t �recreational uses Te�anzs P��ni�ki:ng . prcgra�uning � ` ro used for the ark: ��S�bal,l !_ < w mmin Hikirig p P P �n�oor �ecreation - .-: �_ -. . Soccer c iva..tzes Bikin� � _ � .. . _ . . .: . - : , :._. . . _ . . . - . _. .. , �. List acreage of acquisition pr�jects and recreational faciiities for development prnjecCs and tot�i casts propo�ed in this application. =-- :: ..- .. ;,- A��y;�isitior Prujeci;s _ Qevelo�Znent Prol,^_cts ._.___ . . Na. nf acres Total Cns,t Na. ;equested or 7yFe �f Facility . � length af facility facility - Cost ; -_.�_._£�1._...�_�`_ _��_�;��.lion � -(example 604' of ' • •. • ,'::'L'.��.� �.��'�c�..cq1��o�o_S��_. acces�madl _ � , ;, . .:_ ,,._ ; - G. State s��urce of local share funding: - ' . 'c • ;. (nate: lacal unitr need to provide _, ., .° - :- : 2S% for LA��CC�i� projects and 50% far � '. - - i.CMR} , � --- — _ . • � General F�an�3s . . , - _ : TOTAL COST ,.. . • . M Y . t �H. Attach a caunty, municipal or plat map showing loca�ion of project, identifyino the nearest access road, and adjacent land ownership. -. . I. Attach a site map showing parcels to be acquired or facilitie� to be constructed in this application. , J. Attach a cepy af the future 5 year recreation action plan of the applicant unit of government, including cost estimates of acquisi*ion, development, and maintenance of recreation areas within the jurisdiction of the applicant. indicaie any type of natural resource ordinance adopted by the applicant (for examp]P, shoreland� shade tree disease control , erosion control . etc. ). __ K. Cite the projects reference to the recreaticnal plan of the governmental unit making the application and any priority ranking of that project within the plan. Shart quote referencing Short quote of any 7itle af plan Year Published Page No. proposed project or map priority reference of P rks & p en Counc 1 ew qq ! oroject �pace Pl�an _ June �, ��/� � Soa-��aa�e� � �� & �.:.v-�-�-- - L. Execution - -- � . . . . IN WIT;IESS ?NEREOF, the apolicant nas caused this pr ; ary 1i� ' n to e executed. Submi tted on Ju.ly 2Q ,�g 78 gy `� ,n'y mor.th, ay ` s�gna ure .. _ ity Planner . �.. . .. «, ., - � ;. ; g � �� ;� PRELIMI��ARY�GP,AtiT APYLICA7IUPt FOR LA,PID AND'�fAFE� CQt�SEP-.VATI01a FUt�D GRANT (15-�00) ,�, � j � • � •� A^f0 LtGiSt.ATiVt;, CO,;�'1ISSIQ?t OTI 1".IN�`i't50TA F'.ESOURCE$ When to Submi t ". ' �� . ; _ � ! � to be considered . „•�; This applicati�n musi �e suLra�tL�� by �:U(t p.rn., �,ly �...�L2Z8 � � for flscai vear 1979. ' �� , � , �. � , '� � . � � : i�here ta Submi t: � :;, , , �, + .: ; ,. i: ' . , ,. �: ,• . � , . ,.. . > Send one�� _o�_ri�-in-a-1 signed coF,y with �ropnsed documentatfon to: Park and Recreation � Grants Section, State Planning Ac�ency9 Room 2Q0, Capito! Square 6uiidin9, St. Paul. • (;:.. . :` Minn,@sota 55101 and one copy to the MeCropalitan Council, 3t�0 Metro Square Building,. �. ;' `:,.7th and Rabert Streets, St. Pa��l, Minnesota 55101. . - � ., �, . ` ,, , ., ,. _ , .. . ,r � ,: . , , . . _ .tr , �. , . . , . _ .. -:A.. 'Name,�address and phone nu�ber of polit�cal B�. Person to whom inquiries about appliea � :� sub-divisio� respansibie far the projPCt. tion �hou7d be �irected .': , _:.. - � i , ,� ,�� t � • ' `' Cit'v o_,,.�:,�.�.`L.,., . N«me 3arrnlr� T' Aoar�i*nan .. . " ,� � . :. 6��1. Un�.vPrsi�y Avenue N.E. �7itle City Planner . . - — - , t �� `r _ _ .: •. dP255 � 1 Ilni �rrar�3,tv A��onna � �' ,+ �.3�; al o�r h",;: (;,,OI1R�V Tnnl.(l _ �iC� .�l.:.j�� '�: •Zip 55.432 Area Codq E,��, .,�Phori� �7 -L..34S6 , zip S5ct32 �,_, Area Cad° .��j.??hon. 7e�1-,��Q " ,:.:, r •� - � : , :- .. . , z:;: . , _ . . <. . . , � ;':: ,. :, , . ' : c, ; Name of Project: �, ,.,• . _ . ._ , .,.; . , , ,l '. .. , - Spz'ingbrook N�ture Center - North Park : ,; ' .., .. . - ' . . . . :_ _ . . . , _ : ,. . . �D. , Type of. Project: Acquisition ,,,�, DevelopmQnt � , Combination [� � � � (check baz) ° `< ,` .. _ . - . ._ . _�, . . . „ . . ., , : . , . . , ,.. E. Lis� recr2ational uses � � .�,,,;, - proposed for tne park: - , . , . ' ._ . :' - ' „ .. .,:'. ,', F. .List acreage of acquisition projects ar�d recr�ational facijities for� developmen� projects and total casts proposed in�this application. Acr�uisitian Projects _ , '.D�i�elo�nent Pro�ects --- . No. of acres 7ota1 Cost P7o. requ�sted ar T_vpe of Eacil�t„r — lengih of faciZ3�:y facility . Cast __ (exampl� 600' of . ... ' � access roadl _ . . '� 1 SuppoYt $250,a00 G. State source of local share funding: Stru.cture � (note: local units need to provide _ ___., , � 25% for LAri�ON prajects and 50� for � ___r___...r. , LCt1R) � - _...,. � . �` Sprin�t Brook Fo.undatio TOTAI. COST 250,Q00 ___ • -•'� wi11 provide match.o� funds '' . � . . tI: .. . _;{ , . , _ . . _ - -'-,_..,` � H: AttaCh a county, municipal or plat mao showing loc�tion of pro�ect, iden�ifYins� th� • � nearest access road, and adjacenr land ownership. . -• � � I. At�ach a site map sho��+ing parcels to be acquired or facZ2ities to �e ccnsiructed ise this application. .• 1 J. Attach a copy of the future 5 year recreation action plan of the applicant un;t of gov�rnment, including cast estimates of acquisition, develop�nent, and maintenance of ' recreatfon areas wiihin the jurisdiction of the applicant. Indicate any �yp° of natural resource ordinance adapted by the ap�:licant (for example, stioreiand, shad� tre_� disease conirol , erosion controi , etc. �. K. Cite the projects reference to the recreational ptan of the �overnmental unit making the application and any priority ranking of that pruject within the plan- Short quote referencing Short quote c►f any Title of Plan Year�� Fublished Page No. prop�sed �roject or m� p�r�ioei�t�y reference of pax'k'�en ounc�iiReview ` P � Space Plan_� June 5, 1978 Pg. 12 ' - L Execution Ir� wI7+�ESS tHERcOF, the apalicant has causeo this pr n nar �?oii^ation to be executed. Sub�i tted o� :�.Y�:._a 8 + l91$� QY ��-�"^--.' - . (month. ay� . ' -� �vnacure�` : . , • • ";�;,, . CITY PLIINNER • � 1 RESOLUTI�N N0. A RESOLUTION APPROVING FItJAL PLANS RND �DDIN; PP,JPCSED IMPROVEMEtJT OF STR�ETS 0�lTa THE EXISTING S1"REE7 IMPROVcMCN� PROJECT S7'. 1978-i, ADDEMDUM #2 � POR71�N OF /%3 (CHANGE ORDER !/3) . 41HEREAS, the resolutions shown in front of the street named belc�w, adopted by the City Councii, set the date of hearing on i:he proposed improvements, as specifically noted in the P�otice of Hearing attached hereto for refererce as Exhibit "A"; and WHEREAS, all property owners ivl-�ose property is liable to be assessed with the making of che improvements (as noted in sai� natice) were given ten (10) days r.oti�e by mail and published notice of the Council hearing thrnugh two (2) weekly publications of xhe requiiPed notice, an�i the hearing was he.ld and the praperty owners heard thereon at the he��rir�g, as n�ted in said notice; and WHEREAS, the City of Fridley has ai� existing �untract for Street Improvement Project St. 1978-1, 197�'� �nd 1978-4 with N.D.N., Incorporated which provides that tihe C:ty can attach aaditional worl: up to 2Si of the original contract price. NOW "I"IiEREFORE, BE iT kESOt_VEC, by the Council of the City of Fridley, Anoka Ccunty, Minnesota, as failows: That the followina impr�vements propesed by tf�e Co��rci] Resoiufiions are hereby orde.red to be ef{eGted �nd compl�ted as suon �s reasona�ly possibie, t�-wit: Thv following im�rovements as noted in thP NoLice of Hearin�: � Street irnprovements, inc�ud;ng c�rading; stabilized base= hot-nix bituminous mat, concrete curb and �utter, sidewa�ks, stor�n �ewer system, water and sanitary sewer ser�ices an�j cther facilities located �s folic�ws: R�saiution #Sl--i9%8 (Rpr�t 10, 1978) University Avenue W�st SeEvice Drive: R�sol�tion #�43-;97$ (.tune 5, 197$j 83rd kvei�ue South to the North Line of Parcel 37G0 That Lhe work invotved in said improvements as listed above shal) be added onto contr�c.t of STREET IMPROI�EMEI�T PROJECT ST. lq7$-1 (ADDFNDU�1 #2 � PO(tT10N OF #3) BY CN.4NGE ORDER #3 The Change Order #3� Street Impr�vement Project St. 1978-1, Adden�+um ft'2 & Portion of #3 as submitted by the Public Works Director is herehy a�proved. ADOPTED BY THE CITY CGUNCIL OF THE CITY OF �'RIDLEY THIS DAY OF , 1978. MAYOR - W�L.LIAM J. NEE ATTEST: CITY CLERK - MA�V1N C, E�RUNSEI.L 0 PUBI. f C WGP.KS DEPARTMENT Eng9neeriny Division City of Fridley Fridley, Mirtnesota NDH, Incorporated 700 Industry Avenue NW Anoka, MN �53�3 Re: Change Order #3� Street Imnrovem�nt Project St. 1978'1 Gentlemen:. May 19, 197$ You are hereby order�d, authorized and instructed �o madify your �ontract for Street Improvement Project St. 197$-1 by 3dding the fotlowing estimated quanti- ties for the additional total price of Seven�y Four 7housand, Four Hundred Forty Seven Dollars and 00/00 __ ,____. �} 44 .00 Figures Rs these are estimated quantities, the basis of payment would be on the actual quantity of work performed and tf�e foiiowing unit prices. AODtT10NS tNCLt1RES TiiE FOLLOWING I`TEMS: Street improvements, inctuding grading, sta�ilized base, hot-mix b�tuminous mat, concrete curb and guttEr, side�aalks, storm �e�Ner- system, wate� �nd sanitary Sewer service5 and other facilities located as foliotiNS: University Avenue West Service Drive ITEM APPROXlMATE QUANTITIES Common Excavation Muck Excavation Granular Borrow Aggregate Base (V) Remove Concrete Curb � Gutfier Concrete Curb s Gutter (6-61�3) 2" 2341 Binder Bita Mat. for Mixture 200 cu.yds. 12,95o cu. yds 13,700 cu, yds. 2,400 Ton 150 Lin. Ft. 2,150 Lin. Ft. 460 Ton 9� 83rd Avenue South to the North Lir,e of Parcel 370Q UNIT PRICE AMOUNT $ 2.24 2.00 2. 00 3•5� �.50 3•3� 7.05 $ 448.00 25,y00.00 27,400.00 8,400.00 225.00 7,267.eU 3,2�+3•00 18.40 Ton 85.00 1,564.00 70TA! Change Orrier �'3 $74,447.00 � � � Change Or�er �/3 st. 1g78-1 -2- Original Contr�ct Price Change Order �{1 (1978-1) Change Order �{2 ( i 978-1) Chanye Order #3 (1978-1) Change Order �2 (1978-2) Revised Contract Price $464,480.92 25,234.7a 2,576.40 74,447.00 1o,8b3.OG 5577,6oz.o2 The com�letion date far the main contract on St. 1978`1, 19%8-2 and 1978-4 will remain in effect as Rugust 15, �978. Submitted and ap�roved by Ric�ard N. 20th day of July,1978 P repa red b ��►�' _._, Checked by ��L/; i�'1'/ �--4 � Sobiech, Public I�orks Director on the � /''� > ...�/ ' :.,-� , '�.�1`��,��„� i Richarci N. Sobiech, .E. �u61ic Works Director A roved and ac.ce ted this �G?�� da fof "�)e,L. �9%8 b NDH Incor ora��ed. PP P Y ._�____� Y � P NDH, Incorporated � � ;�, , � �� sv , r;tt� ------------------ Appruved and accepted this day of , 1978 �Ly the. City Council of Fridley, Minnesota. "� Wiliiam J. Nee - Mayor Nasim M. Qureshi - City Manager PJ;�GI,tJ'!'1C)id NU . A ItE:i�l.,U'1'TQN APPI:OVTPIG A CUS'T SHI�}.ZIN(r liGRI:];I�1i:�;T i3T1'tWl:�td Tf1L' CI'1`Y� OF 1�R7ll1_LY APdU ANUE:1� CUU��TY I'(�R IMP1tUVP1�4;3id'1'S A'.0 Tlil's ]:N17:F:St:CTIOIdS 0}?� T.fl. 47 A7.' C.S.A.H, 6(?'JISSLSSIPI'1: S7'.) A1�>> C.S.!�.H. 8(USI30ItN1; kD.): S1'RE�T It�}'IZOVLrSE2dT P1:OJL'CT 51'. I975-4 IaJI�I:El�S, thr_ City of Fridley has enter.ed a.nto a L-lir.ee-way a�reement �/5�091 with the Mi.nnesoCa DepartmenC of: Tr��r.sportation and Anolca County for L-he r.evision of er.zsting tr_affi_c coutrol si.&nals with street lights ans sigriing on T.}€. 47 at Missi_ssippi Street and Osbo�ne Road; and WIIFR�AS, the County of Anoka l�as entered into an a�reement 4i59074 with the Minnesota Depar.�ment of Transportation for the construction of turn Zanes, channeli•r.ations and storm se4�er facilitS.es and other improvements alon� the east and west approaches of M�ssissippz. Street and Osbort�e Road to T.H. 47; � WHEREAS, the i�pravements included in the above agreement ��59074 are equally beneficial to the City, and for this xeason the City will enter in- to a financial arrangement with the County to help defray impro�-ement CQStS. NOW, `TIiEIZEFOR�, B� IT �tESOLVED, by th�: CitS� Council of the City of Fridley that the Agreement setting fortti sucn taz�ms and conditiar.s for the improvement cf this roadway is found to be �n the best inter.est of the City cf Fra_c�ley and tl�e Mayor and City Manager are hereby ordered and directed to execute sa3.d agreement a_n the :iame of the c�ty ot 'r'ridiey. ADOPTED �i1' THE CITY COUNCIL OF THE CITY OF FRIDL�Y THIS DAY OF ' , I978. rLAXOR - tdILLIAM 3. Nr E ATTEST: CITY CLERK - M�IRVIN C. BRUNSELL Io � � � � AGRF, t�,P�3 ; NT BY AND BETk'EEN THE CITY 0�' TRTDLEY AND THE COUNTY OF A2dOK.A. � St. 1.975-4 TIiIS AGREEr�ENT, made and eritered into this � day of _ , 1978, by and between the County of Anoka, State of riinnesota, by and tlzrough its board of County Commissioners, herein afte� called County; and the City of Fridley, State o� Minnesc�ta, bV and through its City Council, hereinafter called City; WITNES SETI3 : WHEREAS, the Minnesota Department of Transportation has prepared plans and specifications for'the construction of road- way widening, channelization, sidewalk-bi.cycle lanes; signal system revisions, a.nd other associated items at the Trunk Highway No. 47 (University Avenue) intersections with Miss�ssippi Stre_et (C.S,P..H. 6) and �sborr.e Road (C.S.A.H. 8) and appr.oaches thereto in accordance with State Project No. 0205-45 (T.H. 47�-156) and in the records of the Federal. Hi.ghway Administration as Minnesota Project TQM i?HS; and k'H�.REAS, The Minnesota Uepartment of Transpo�tatiun and tiie County have ent�red into a Cocperative Constructzon Agreement (Ag�-eement No. 59074) whereby the County agrees te pay an estimatec3 $15,441.64 to �he S*ate for costs not reimbursed by the Federal Highway AdminisLration or the State oi- Minnesota; and WHEREAS, the City has expressed its willingness to reimburse the County its slfare of the non-federal-aid portion ef the costs of the State contract construction to be geriormed upon, along and adjacent to the East and [�lest approaches (baszcally outside of the Z'runk Highway right of way limits) of Mississippi Street and Osborn� Road to Trunk Highway No. 47; and WiiEREAS, it is anticipated that all of the construction to be perform�d under said State Project No. 0205-45 (T.H. 47=156) will be eligible for federal-aid funds partic�_pation therein at the rate oF 90 percent; and ir. that event, the County and City parti.cipa- tion her.eunder will be reduced in proportion to the rate of' federal-aid funds received by the State for construction costs incurred in the performance of said Count-y and City cost participa- tion construction. WHEREAS, the City has acquirsd the necessary easements to accommociate the improvements described above and have incurred preliminary engineering and administrative costs relatiug to the project of which the County will reimburse the City fifty percent of the final cosrs of the easement acquisition including preliminary engineering and administrative costs. NOW, THEREFORE, I'T IS MUTUALLY AGR�ED AND STIPULATEU BETt�EEN THE PARTIES AS �OLLOW5 : 10 A 0 `' Agr. eement -2- City of Fridley/Count}� oL Anoka St. 1975-.4 1. The. County and the Cit�y a�ree to share in the costs of the i�prove- ments and expenses on the following basis. The estimated costs are as fnllnwS_ Sidewa.lk Constructian (1001 City) Concrete Curb & Gutter Construction (50%-50%) Bitur:linous Roadway Canstru.cti.on Including Storm Sewer & Resta��ation (100% County) Easemer.t Acquisition Compensation and Candemration Award (SO%-50%) TOTAI� ESTIMAT�D COSTS 10 � ; City Share Count� Share Total $1,021.54 -Q- $1,021.54 $805.75 -�- $25,797.95 $27,625.24 $805.75 $1,611.50 $12,808.60 $12,808.60 $25,797.95 $51,595.90 $39,412.30 $67,037.54 2.Upon completion af this praject and acceptance by the State Depart- ment of Transportation, the part��es to this agreement understand that the statz shall submit to the County the final construction costs and the County wil:i r.otify the City of any final pay?nents due. iTpon receiving such norice from th� Cou�zty, the City sha11 inform r_he County of any final ad,justments in. the above costs a.greed to be paid by the County. At tl�is time, the final costs wi��L be detLr�ined an.d rhe diff_erence reimbursed by the County to the City. . 3. Completior. of tha improv�mPnts and acceptunce thereof by the State Department of Trans�ortation and by the City and by the County, and final payment by the State to the respective contractors shall serve as an incl.ication that thi.s agreement has been perfarmed in full and slzall serve as a final release of any and all financial liability between the City and the County. [}. This agreement sha11 become binding and effective upon approval by resolution adopted by the Couacil of the City of Fridley, 3�ate of rfinnesota, and upon approval by the proper cfficers of the �noka County Board of Commissioners. " IN TESTIMOI�T� WHEREOF, the parties have executed this A.greement by their duly author.ized officers and have caused their respective seals to be hereto affixed. 0 �.+. .� �, A�reement -3- City of Fridiey/ Caunty of /�noka st. 1975-4 RECOMMENDED APPROVAL: CfT`Y OF FRIDLEY City Publ.ic IJarks Directar Willi�m J. Nee - Mayor (seai) RECOMMENDED APPROVAL: County Engineer , (seal) Nasim M Qureshi - City Manager COUI�TY OF ANOKA Chair�an, Anoka County Board � Executive Secretary to the Cou�ty Qoard � lo c �I 11 RESOLUT�ON NQe . A RESOLU'�IQN DIRFCTIIvG THE ISSUAIVCr UF T�:�IPC�RA7Y IMPROVEMENfi BO[�DS I1>i ACCOP.DI�,.'�tC:E WITII LAWS OF' 1957� CIIAPT'�R 385 BE IT RESOL�IED By the Council of the City of Fridley, Anoka County, Minnesota, as foll.ows : sEC. 1. The toral. estimated co5t of Street Improvement Pro'ects ST, 197�-1, 2 i. � has been estimated at $500?O�J0.0� SEC. 2a It is now estimated that the sum of $500,00�,00 is ,:urrently necessary to provide financing af the projects above n�ted, and it i.s hereby determined to be necessary to bo•rraw sai.d amount for the paym,ent o£ obliKati��ns now ii2curred and for expenses necessaril.y incurred �n connection with the constructior. of said im�raaement pro�ect. SEC. 3o There is t,t�reby created Street Improvement Pro,iects ST. 1918-1 , 2 and 4 which shall contain a construc�ior. accou:�t as part thereof into which shall be paid all groceeds of te�rporary bonds issued pursuant to this resolution. and similary �suUsequent resaluticns, and �ut of which shall be paid all amounts.c�ue a;nd payahle as costs or exFenses incident to or incurred in connectzon with the making of said .'unprbvement. SEC, 4. There is also hereby created �trPet Improvement Projects ST, 1978-1, 2 and 4 a p& i Account, which account iu saic3 fund may and shall be termec� as rhe �P & 1 Fund, into which shall be paid the proceeds of all special assessments levied against benefited property by reason of making of said improvemenCs as well as all other monies therein to be paid as provided by law and out of which shall be paid the principal and interest on all temporary improv�inent bonds issued to finance said project. S�C. 5. It is hereby determined that the svm of' �500,000.00 shall be borrowed co finance said Street Improvement Pro�ects ST. 1978-1, 2 and 4 with respect to cost of construction and expenses necessarily inr_urred relative � 11 A :� ther_eto to tlii.�� dat�e, by L-he issuanec ot tcmpor.zry impravement bonds af the CiL-y oI: I�ri.cll.cy as auLliori.zed in Minne�aota SLaf:�at:c�;, S�C. �E29.01, 5ubdivi�ion 3, as amended by Laws 1957, Ctlapter 3E35. SEC. 6. Said bonds shal.l be payable fr�m tl;e P� I. Fund oi Y.he following: Street Improvement Projects ST. 1978-1, 2 and 4 bu L' the City further recognized its duty under Ll:e law, as �-,rovided by Sec. 429.091, and covenants and agrees with the �urchaser an:� aJ.l. hol.ders\ L-rom time Lo time, of s�id temporary impxovement bonds, at or prior to the maturity thereof that it will pay and retire such bonds and the intex'est tY!ereon out ot the proceeds of definitive improvement bonds �ahich �he Council shall issue and sell at or prior to the naturity o� the temporary improvement bonds to tlie extent that the same cannot be paid our of funds avaiiable in the �&�- �'ll11G Of Street Improvement Projects ST. 1978-1, 2 and 4 �� cr out of other Mu.nicipal funds which are properly available and are agpxopri.ate�' by the CouiZCil for such purpose, SECe 7. Zt xs heieby determiried to levy specia� assessments against ber.iefited property by reason of the making of Sti^e°t Im{�rovemen� f�rojects ST. 1978-1, 2 1nd 4 and to levy ad valorem ta�es, if necessary, to produce s=.uns at ].east 5% in excess of the amounts sufficient to pay principal and inieres� wlien du� on said temporary improveanent bonds and on any definitive bonds to be issued as herein provided, such special assessments tQ be piaced on the tax rolls at such time when said improvement px•ojects hav� been campleted or the totai cost thereof has been determined. SEC. 8. Said t�nporary impxoven�ent bonds in the araount of $500,000.00 shall be cienominated Street Improvement Projects Si. 1978-1, 2 and 4 Bond Series "A" shall bc fifty (50) i.n number and numbered from � to 50 i�nclusi.ve, each in the denomination of $�fl�0U0.00 � shaa.l bear interest at the rste o�' per annur�i, payable semi-annually on No� embel° 15 May 15 May 15, 1981 ' and o� each y4ar and shall mature on � shall be subject to xedempti.on and pre-P�yn�en� an an�° �.ntcarest payment date, at par ` and accrued int��rest. Not less than 30 days be:or. the date specified £or redemption on said bonds, the Ci�Treasur.er shall mail noti�e of the call thereo£ to the holder, if known, said 7're��s�irer shall maintain a record of. the names and addresses of the holders of said bonds insofar a� such informatioil is made available to him by Lhe holders thereof, for tt�e pur�ose of mailing said notices. 1he princi�al and all interest ot� said l�onds sYiall be payable at Fridle.y City Hall, 6431 University Avenue, N F, Minneapolis, Minnesota 55421. . SEC. 9. Said Lemporary irnprovemenC bonds shall b�� mimeographed and when su mimeographed shall have attached thereto an interes: coupon which bond and coupon shall be substantially in the foll�wing r:�rm: (F'orm �f CQUpc�n) No. � ::b�sc; s 11B (tJnless"the bond described below is called for earlier rec3Pm�tian) da of 19 , �h�� of _ on the Y ' — County, Minnesota, will pay to �earer at _ , Minnesota, �he :�um of __ dolLars Lawful money of the Uniced States of America for interest then due on its DATED C ITY MAAIAGER MAYOR SEC. 10. Said bonds and coupons aCtached shall be prepared under the dir�ction of the City- Mar.ag�r and shall be execut.ed on behalf of the City.bZ_ the signaCures of the Aiayor and Manager, ana th.e corporate seal of the City shall be affixed 11 C thereto, and the appurtenant intErest coupon sh�ll be mimeographed and authen�icated, by the printed, engravGd, lithographed, or �acsi�aLe signatures uf said Mayur and Manager. When said bonds have.been executec� and Guthecitica�ed, they shall be delivered by the Treasurer to the gurchaser thei-eof, upori payraent of the purchase price heretoFore agreed upon and accr.ued interest w dace of delivery and said purchaser shall nat be obliged to see to the application thereof. . SEC. 11. The i:ity Manag�r is hex�eby authoriz°c� a:id direcred to fiLe a certifisd copy of this resolution wiCh County Auditor of Anoka County, together with �uch other information as he shall requir� and to obtain from said County Auditor a certificate that said bonds have been ent��red on this bond register. SEC. 12. The honds issued hereunder yha11 be payable for Street Tmprovemer.t ProjeCts ST. 1978-1, 2 and 4 _ whicn is hereby created. Thc Treasurer shall cause aI1 inonie� received frc::� th� �roce�ds o� said bondsy all monies approgriated and transr"err�d from other. funds and ail special assessmen�s fox the impYovements provic�ed that if any paymer.� uf principal or interest snall become due when there is not sufficient money in said fund �o pay the sam�, the Treasurer shall pay such grincipal or interest frcxn the general fund of the Cit.y and such fund shall be reimt;ursed 'For such advazces out of monie� to b� cred;t�d to said fund wt�en said monies a�e collected. Al1 proceeds for saici bonds except accrued interest sha11 be c�edited to the fund and userl to pay the cost of said impr ov e�zen t s. SEC. 13. It is fu.xther provided that should it ap}�eax at any time that che munies credited to sal.d €und and provided for the gayment of principal or intetest an the bonds when the sums become due are not sufficient to pay the same, that t�en the City shall issue further definiti_ve improvement bonds as authorized and provided in accurdance with Minnesota Statutes, Sec. 429.091, Chapter 475, and that the process of said fUrther defir�itive bonds shall be £irst used to pa}� the princip4l and incerest as is th�n due and to redeem the ternporary bonds issued thereunder. � 11 U SEC. 14. The City Council has detennined that not ?ess than twenty. perce�lt (20'/0) of the total cost of said improvements will be paid by special assessmenzs to be levied against every lot, piece or parcel of land beneffted by the said improvements. The City hereby covenants and agrees that it will do and pertorm, as soon as th�y can be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessments be at any time held invalid with resgect to any lot, piece or parcel of land, due to any error, defect or irregularity, or in any action or proceeding taken or to be taken by the Council ar any o� the City Officers or em�loyees, either in the making of such assessment or in the periormance of any condition grecedent thereto, the City and this Council will forthwith do all such further proceedings as may be - required by la�* to make such assessments v alid and �inding �iens against such property, and also shall take such further proceedings as may b2 required by law to provide monies for the payment of principal and interest as the same fall due on the bonds zssued hereunder and to provide for the redemption of the same. SEC. 15. It is hereby deteru�ined that the collection of special assessments and the proceeds of monie� appropriated and transferred from oCher funds is and will be in an amount of at least five per cent (5%) in excess of the a�ount requi-red to pay the principal of and the interest on said bonds wheii due and that no ad valore►n tax levy is accordingly required. SEC. 16. The officers of the City and the County Audito: �f Anoka County are � hereby auth�rized and directed to prepart and furnish to the purchaser of sai.d bonds and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records relating to said bonds and to the financial affairs oi said City, and such other affidavits, certificates and information as may be required, Co shok the facts reiating to the legal.ity and marketability of said bonds as the same appear from the books and records under � 0 thvir custady and contro2 or as other�•rise knawn ro the, and such certificates, certified copies and affidaviLs, inctuding any trcrer_a£ore furnished, shall be deemed representations of the City as to the correctness of all statements cantained therein. � PASSL�D AND A�PTED BY THE CITY CGCTNCIL OF THE CiTY G`I' FRIDi,EY THIS DAY OF , 1978. ATTE ST : CITY CLERI: -` Marvin C. Brur.sell �XOR - WILL_IAM J. NEE CITY 1�tv�GCZ� - �IRSIM M. QJR�SH1 11 � . �d . , �q .. �•��isrNl: CITY OF FRIDLEY M� M 0 R A N D U Ni ll F T0: NASIr�� M. QURESHI, CITY MANAGER, /�ND CITY COUNCII FROM: MARVIN C. BRUNSELL, F�SST. GITY MGR./FIN. DIR. SU6JFCT: TEMPORARY BONDS FOR THE 1978-1, 2 ANQ 4 STREET IPIPROVEMENT PRO�ECTS BONDS DATE: �ULY 19, 1978 The attached resc�lutior� would authorize the issuance of $500,Q00 in temporar_y bonds �to finar�ce the 5T. 1978-1, 2 and 4 Street Improvement Projects. No financing has been provided for these p►~ojects to date. These street improverrent projects encon;�ass the currEnt year's stre�t improvements. �he final cost of the projects are estimated to be samewhaL in excess of the amount of th�is bond issue. The City will p�r°ctrase these temporary bonds through the investment fund. A� some future date, perinanent financing will be arrangeci for. MCB:sh � 0 ■ �2 RESOLUTIO� N0. �g�II A RESOLUTION DIRECTING THc SALE ANO PURCHd,SE O� TEMPORARY IM�ROVEP�E�1� BONDS IN ACCORDANCC WITN LAWS OF.1957, CHAPTER 385 BE IT RESOLVED �,y the City Council of the City of Fridley, Anoka County, Mirnesota, as follows: THAT WHEREAS It has heretofare been deiermined by �his Council to issue temporary improvement .bonds in orde� to pro��ide th� rrecessary funds for the canstructio� and paymen� of expenses reiative to the following improvement projects to-vr�t: Streei Impravement Projects ST. 1973-1, 2 and 4 as per plans and specifications approve� by the City Council: and WNEREAS It has ��en determined that there is at the present time an amount in excess og ��OO,OOG.00 in the foilowiny fund, to-wit: Investmen� Fund which sum will not be requir�d �or other purposes prinr to h��Y �� i97$ .._._ IT IS THEREFORt Determined to be in the interest of the City of Fridley that the sum of �5Q0,000 of the Investment Fund �� i _ BE IP�I�ESTED A� authorized by law and in accordance therewith it is hereby determined to purchase the sum Qf _�500,QOU.00 of the aforementioned Street I�nprovemPnt Projects ST. 197II-1, 2 and 4 ____�^___ under clate of Muy 15, 1978 __ � issued UPON Their iriitial issuance �n accordance ti�ith the pro�;isio�s of Minnesota StatuLes, Sec. 429.091, 471.56 and 475.65, out of f�ands the_Investment Fund and on behalf of said fur��d at par and accrued interest as of ttle date of delivery of said bonds and complet`ion of such sale; it being further determined to be reasonable and advantageous to the Investment Fund to invest in said temporary improvement bonds and to be reasonab?e and advantageous to tre City �o sell said temp�rary improvement bonds to the Investment Funci .,��- _---�--�- -�— -- in accardance with pr�visi�ns of this reso�ution. f1 �1 12a SEC. 1. The City Manager and Treasurer are hereby autharized and directed to take any and all steps necessary to effect th� provisions of the aforegoing resolutions and to make such transfer of funds as may be necessary from time to time to give effect to ihe provisians hereo�. PASSED ANU ADOPTED BY THE CITY COUNCIL OF THE.C:TY OF FRIDLEY THIS DAY = 1978. ATTEST: ZI'�YVCLERK ~ � h�AYOR - 6�lILLIAM J. I�EE CITY MANAGER - NASIM M. QURESHI RESOLUTION N0. - i978 A RESOLUTION AUiHORIZING AND DIRECTING TIiC SPLIT7ING OF S��CI�L ASSESSMENTS ON PARCEL 3600, Sf_CTIOP! 2 � WHEREAS, certain special assessments ha�e been 1EViec� ��ith respeci to certain land and said land has subsequently beer� suladivided. . NOW, THEREFORE, BE IT RESOLVED as foiloavs: That the assessments le��ied against the foll�wing de�cribed parcel, to-wit: Parcel 3600, Section 2, may and shall be apportioned and divided as follows: ORIGINAL PARCEL Parcel 3600, Section 2 DIVISION OF PARC�L APNRUVED Parcel 3�00, Section 2 FUN D - Regular SA W #34 1964 Service Conn. SW Na. 102 (Water Lat.) SW No. 1Q2 (Sewer Lat.) SS No. 102 ST. 19?3-2 Reassmt. of SS No. 102 FUND Regular SA W #34 1964 Ser��ice Conn. SW Na. 102 (Water Lat.) SW No. 102 (Sewer Lat.) SS No. 102 ST. 1973--2 Reassmt,.of SS ho. 102 Parcel 4000, Section 2 Regular SA � W #34 1964 Service Conn. SS No. i02 ST. 19?3-2 Reassmt. of SS hlo. 102 ADOPTED BY TiiE CITY COUNCIL OF TNE CITY OF FRIDLEY TI�IS ,� ATTEST: 1978. CITY CLERK Marvin C. Br:�n�ell ORIGINAL AMOUNT Paid $ 5,718.25 13,258.13 13,651.38 32,453.46 13,797.40 34,302.61 3,0�1.51 116,?_42.74 ORIGINAL AMOUNT Paid $ �,234.1� 9,288.63 13,651.3� 32�453.46� 10,624'.45 33,849.01 477.50 P�id $ 1,�84.10 3,969.50 3,172.95 453.60 2,583.91 �16,z42.74 DAY f�YOR William J. Nee 13 MEMO T0: NASIh1 QURESNI, CI7Y MANAGER, RND CITY COUNCIL' FROP�: MAP.VIN 6RUNSELL, ASSIS"iANT CITY MANAGER/FINANCE DIRECTOR SUBJECT: RES01_UTION SPLITTING SPECIAL ASSESSMENTS FOR THE JULY 17, 1978 AGENDA DATE: We are requesting that the Cour�cil ap�rove the resolution splitt�ng the �pecial assessments on Parcel 3600, Section 2, into two parcels. This parcel �r�as split into three lots and reccrded at the County. Two of the parcels are each over two ar�d c,ne-half acres so do not require Council per�nission bef�re they are split. The third parcel is less than two and o��e-half acres and the pro�erty �wner has not requested a lo� split from the City, so we are not requesting thP � division of �he third lot at this time, and are so inforining the County. MCB ps u l3 A ,.� � � . . . . -.- • _�._� - . • . ' . �,--- % 5/� _ b� t% --- - - F_W,o�.Y !'S :z:3:-� -__ ---- -- - __ ._- -- - - _— ---- r .. .....- � . ` .....b�� ... ... . . . /l i a� � h1AP FOR RESOLl1TTO�V AUTNORTZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 3600, SECTION 2 (NOTE: Parcel 3650, House of Lords property, is third parcel for which we are not requesting splittir�g of assessments at this time as �l:f�ey have not abtained � lot split thr�ugh the.City and the parcel is less than 22 acres.) � Total Original Parcel �� Portion being sp]it off 4 �i �� .t.t : }! �' �'. �; U� � _ � 1S 0 F.UR Gt�N,..URRENCE BY 7HE ClTY COU�lCIL LICE�dSES Jul� ?4, 1G78 ___________.� �.. � Type of License: �: . ��oved �: . Fee: Refuse Hauler � � � Dick's Sanitary Service, Inc. Dicl� Netland � Steven•J. Olsor� �30.00 3417 85th Avenue North - Ne�lih Inspector Brooklyn Park, Mn. 55443 � . � Food Vehicle � • . Lyle J. Quick Steven J. Olson $50.00 3442 lOth Ave. So. . � ' � . h1p1 s . , Mn . 55407 Location ai which business will be condu�ted.: Moore Lake Beach and Commor�s Park Items being sold: Hot dogs, cold drinks, r�opcorn, cotton canc�y, ice cream, sno can�s, coffee and pickles. � i 0 a ir �' . . 15 A .,�r� . . � �',t�R Ct�NCURf�L"�JCE f3`( TJ-�F C!'i'Y COUN�IL, -�ICErrs�s , _ 3ULY 24, ].97F3 G71S SEFCVTCF'S I,.PPROVED BY • J & J �Icating � � � . 7216 Bcr,�nA �venue, Suit.e 40 '� WTL�II�s. SA.'JDIP1 � Br�klyn Park; MN 55428 By: Jar.�es &�7ones Plk�g. Htg. Insp. , GENERAL CONTRACTOR ' . . . Cochran Construction • , 1404 E. 21st Street : . DARREL CLARK Minneapo].is, 1�IN 55404 By� Keith L. C�chran Cb�t. :Dev.' Adm. P1. Star Beverages, Inc. � • • . 785 - 53rd Avenue N.E. �� DARREL CLARY. Fridley, MN 554?1 By: F,� ,John Zavi�z Com. I3ev. Ac7m. .�edEgaard Coristruction Company, Inc. . 3903 Foss Road � LIARREL CLARK St. Anthony, MN 55421 , By: Bruce A. Nedegaard Com. Dev. Adm. ' K. R. Constructioxi • • 2550 Kenzie Terrace. DARREL CLARK - , St. Anthony, tMt 55418 By: �tichard Kollman ' Com. Dev. Adm. ' Hx�' 1TID1G � � ' J & J He atirig � . ' � 721ci F�oone F�venue, Suit:e 40. � � @dI�,LI?�T� SA,:dDIN Brooklyn Park, D�t 55428 By: ,T�unes & 3ones P1bg. �Itg. Insp. . M�S a:3 RY � ' ' . - Bernie Zek�r� Cement Co. . ' _ ' 9740 Avncet Stree4 N..W. • L1Al2RE;L CLARK Coor� Rapids, MN 55433 • By: Bernarc? Zebro , Com.. Dev. Ac3m. . ' x � .• • � 0 0 0 // - - VI�'J �� F.0�2 CUNCURRCi�ICE E3Y Tf-iE CITY CC�UNC(l. - ESTIt�IATES July 24, 1978 Counl:y af Anoka Department of Hic�hways Court House Ai�oka, Minnesota 55303 FI(VAL Pay�nent for Fr-idley's Share of Miss�ssinpi $ 35,373.25 Street Underpass Project ST. 1976-4 as peb� Agreement �� Betti�reen City of Fridley and County o� An�}ka Dated December 2�, 1U74 � Weaver, Talle & Herrick 6279 Uni versity P,venue fd. E. Fridley, P1N 554s2 For legal services r�endered during �3une, 1978 $ 1,605.85 Smiih, Juster, Feikema, Cr�artered 1250 Buiiders Excharge B�ilding ;�i nneapol i s, h1�� 55402 For legal services rendered as Prosecutor $ 1,880.00 during Jun�, i978 0 0 �� G :t�s��►- March 13, 1978 �,� , l� Eti . . , .p ; � ��ll.� �`T�' �� A,I��J�� Ue��u��rmc�nl u/� flighK•��rs l'aul K. Ruurl, lli�;ln+�c�r /•�r��irteer COURT HOUSF l�NOt�A, MlNNESOTA 55303 612-421-�760 Mr. Nasim Qureshi, City Manager City of Fridley 61�31 University Avenue N.E. Fridley, r,ti-nnesota 55421 Re: Froject S.P. 0?_-606-07 (Mississippi St. Underpass) Agreement betwe�n County of Anoka & City of Fridley Date: December 24, 197�. Dear Sir: Please consider this a billing -�o the Cit;� of Fridley ir. accor.danee w�th the above referred agreement. Section 3(A) of ihe agreen.ent, Ci�;� tvill pay 10�% of the cost of �he sidewalk at the price of !�" walk. 1�� 4Valk 18,995 Sq. Ft. $" tivalk l, 9�+0 S� . Ft . 20,935 Sq. Ft. � .95 _ $19,�38$.25 Section 3(B) City will pay 50� "of the cost of concrete curb and gutter. B-61£� �1+, 324 �n • Ft - @ $/+ . 00 = $17, 296 . 00 B-91g 2,5�0 Lin. Ft. C�' $5.3� = 13,674.00 Total: $3�,970.00 Sidewalk $19�$$g•25 Concrete Curb & Gutter 15,�+g5.00 Total Amount of City's Share: $35,373•25 x 5pq = $15,4$5.00 *Overrun of B-61$ Concrete Curb & Gutter due to extension of Hickory Street as requested by the City of Fridley. Yours y truly, ��, `^ �.�--�' Paul K. Ruud, P.E. County Engins�r PKR:lah �{ n �ty Emptoysr 36 B t,nw 04"i"ICF_E WEAVER, �/�LLE �ic �--IEFZF�ICK CHARlES R, WEAVER HERM.4N L.TALLE VIR61l C. HERRICK ROBERT MUNNS WILL�AM K. GOODRICH DOUGIAS E. KLINT V�H City of Fr_idiey June Retainer Julv 3, 1978 Council Meetings 5taff Meetings Conferences �i_th ataff Recodification Islands of Peace Pclice Department Emp�oyee rischarge Citizens Inquiries Memos, Legal ReSearch Ordinances, Deeds � Lot Splits Affidav3_ts of Identity re • , 1longerbone r.e: Street vacation Sale of Surplus Lot Discharge of Veteran 9- z hours 3 hours 8 hours 2 hours 10 hours 32- z hours Hours in excess of 30 @$40.00 per hour i,ourt Time : Anoka Ccunty Court Answer RhineYnart v. Fridley Anoka Dis�rict Caurt Hazardous Building 316 EAST MAIN 57REET ANOKA, MINNESOTA 55303 421-5413 6279 UNIVERSITY AVENUE N,E. FRfDLEY, M;Nt�ESOTA 55432 571-3650 ��4383 $1,300.00 lOQ.00 50.00 15�.00 $1,600.00 EXPENSES ADVA�TCED: �hirty-nine photocopies @ $.15 per copy 5.85 TOTAL. . . . . . . . . . . . . . . . . . . . . . $1,605.85 r � STATEMENT SMlTH, JUSTER, FEIKEMA, CHP.RTEREU ATTORPJEYS AT LAW 1280 BUILDERS EXCHANGE BLDG. MINNEAPOLIS, MINNESOTA 55402 339- 7481 �Ci ty �f Fri dl ey 6431 University Avenue N.� E. Fridley, Min��esota 55432 kttention: Mr. Nasim Qureshi, . � Ci�y Manager � C_jlll OIEASE RETURN THIS PORTfON WITH YOUR PAYMENT V 11� SuBUREAN OFFICES OSSEO FRIDLEY � J DATE � � • • BALANCE FORWARDED FROM LAST STATEMENT 7-10-78 For 1ega1 services rendered as Prosecutar for tiie City of Fridley du�ing June, 1978. Representation of City of Frid1ey in 34 contested court cases,4 contested jury cases and 228 criminai arraignmentso (24 hours - 15 minutesj. Process and inves�tigation of c�m�,l�ints and pr-eparation of 61 formal crim�inal compla�ints. (16 hours - 15 mi jiutes ) Court and police adminis�;ration. (� hours). Total Time �(44 hours - 30 minutes). June, 1978 Retainer $1,300.00 $�,3J�.OQ T�me Zn Excess of 3G hours DATE 4 #Z • m FORWARDED FROM LAST STATEMENT 7-10-78 continued - (14 hours - 30 minutes) $580.00 o BALANCE $7,3d0.00 $1,880.00 ' f dectare under penafties of law that this aCCOt�n4, claim or mand is jUSt -6rr----_____. reCt an t a �� t of it t-sas b e pa�d ' � .�re o laimant L SMITH. JJBTER, FF_IK£MA, CHARTEReD ATTOANEY3 AT LAW F�p3 o��a 16C