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05/07/1979 - 5735�' / I / / 134 THE MINUTES OF THE RE6ULAR MEETING OF THE FRIDLEY CITY COUNCIL OF hU1Y 7, 1979 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mdyor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEFiBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Ccuncilwoman Moses and Councilman Schneider MEt96ER5 ABSENT: PROCLAMATIONS: Councilman Barnette Mayor Nee issued the following proclamations: Vietnam Veterans Week, May 28 - June 3, 1979 Nearing Awareness �donth, Play 7979 Public Works Week, May 20 - May 26, 1979 Recreation and Parks Month, June 1979 Mayor Nee suggested that the administration contact the veterns' organizations in Fridley regarding any nominees for the Yietnam Veteran of the Year. CERTIFICATE OF APPRECIATION: A certificate of appreciation was presented to Robin Suhr6ier for her services as a member of the Parks and Recreatioo Comnission. APPROYAL OF MINUTES: RE6ULAR MEETIN6, APRIL 23 1979: Counciiman Schneider requested clarification on Page 5 of the rtrinutes regarding the motion for the tape recorder and whether or not it had carried since the minutes also reflected that four affirniative votes were required and the vote on the �tion was 3 to 2 in favor. Rir. Qureshi explained that this had been checked with the City Attorney and the minutes should reflect that three affirmative votes were required instead of four. MOTIO�d by Councilman Fitzpatrick to approve the minutes with the following correction: Page 5, paragraph 71, change "four" to "three". Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, UISITORS: There was no response fran the audience under this item of business. OLD BUSINE55: � L0T SPLIT RE UESTED, L.S. #79-01, ALLAN FEHN AT INTERSECTION OF GARDENA &� � BENJAMIN STREET TABLED APRIL 23, 1979 : Mr. Sobiech> Public Works Director, stated this item was tabled on April 23, 1979 in order for the Council to receive input from the Appeats Coimnission. He stated the Appeals Comnission did have a meeting and from the minutes, there apparently wasn't much objection. They recorrmended, however, if the lot split is approved the variance was recommended for approval with the stipulations that the address on the existing house be changed from 7601 Gardena to 5921 Benjamin Street and to i � z r / 135 REGULAR MEETING OF MAY 7, 1979 �� PAGE 2 change�the present sewer and water service to the existing house from Gardena to Benjamin. � � �Mr Sobiech stated the Planning Commission held a public hearing on the request for the lot split and recormnended approval. Mr. Costello, 1623 Gardena Avenue, indicated he had no objection to the lot split, but was concerned about the placement of the garage for a new structure, as, he felt, if there were a garage close to the torner,�it would decrease the�value of his property. Mr. Lostello asked if� there was a manner in which they could put � in a stipulation regarding this item. („j Mr. Herrick, City Attorney, felt the 6est way to handl.e this matter would be for F1r. Fehn and Mr. Costello to enter into a convenant that would 6e binding on them and future owners, and which could be filed with the abstract, indicating certain distances where the garage could be constructed and positioning of the house. � Both Mr. Fehn and Mr. Costello felt this would be satisfactory with them. f!r. Fehn stated he has discussed the building of a house on this lot with Mr. Costello and he had no objections to his plans. : Mr. Sobiech also stated there would be a minor increase in the drainage in the area with approval of the lot split. He stated, however, the impact is.fairly minimaL �� Councilman�Schneider questioned the storm�sewer policy in that area. Mr. Sobiech stated, with any nev� developn�ent, an $800 escrow has been required for every new lot in the area. He stated this would apply to this lot, whenever scmeone built on it. MOTION by Councilman Schneider to concur with the recommendation of the Planning Comnission and grant Lot Split k79-O7 with the folloYiing stipulations: (1) That Mr. Fehn and Mr. Costello enter into an agreement which they are agreeable to regarding setback and future development on the new Parcel A; (2) That �.g $400.00 park fee and 5800.00 drainage fee be required and paid to the City at � the time of building on the newly created 1ot; and (3) That any other fees for utility charges not already assessed be paid. Seconded by Councilwoman �4oses. -` Upon a voice vote,�all voting aye, Mayor Nee declared the motion carried unanimously MOTIOfJ�6y Councilman Schneider to grant the variance requested by Mr. Fehn to reduce the front yard setback from the required 35 feet to 24.10 feet for the existing dwelling at 1601 Gardena with the stipulations that: (i) This address be changed from 1601 Garde�a to 5921 6enjamin Street; and (2) That there will be a � change in the existing water�and sewer service to the existing house from Gardena Avenue to Benjamin Avenue. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. NEW BUSINESS: MOTION by Councilman Fitzpatrick to approve the Center City Project Schedule for establishing a tax increment district. Seconded by Councilman Schneider. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. -x Mr. Bernard Friel, from the law firm of Briggs and Morton, appeared before the � Council regarding this issue of �2,500>000 in commercial development revenue bonds ( j for the Perlman-Rocque Company's project in Fridley. , He�stated, in addition to adoptiod of the note resolution, several other documents are needed and these were submitted to the City Attorney and City Clerk. He stated . these documents.could be approved and then held by either himself or the City . . Attorney until closing. . IAr.Friel explained�the $2,5G0,000 note will be purchased 6y the First National Bank of St. Paul and held by them. lie stated the proceeds from the note will be used�for construction of a warehouse and distribution center in Fridley by the _.f_._---�-------'. _. --^e r / 136 REGULAR MEETING OF MAY 7, 1g79 PAGE 3 Periman-Rocque Company, which is a supplier for McDonald's Restaurants. He stated the nuniber of persons to be employed would be about 50, and construction is expected to be compteted by the first part of Septeniber. Ftr. Friel stated the note carries an �interest rate of E% on the unpaid balance over a 20 year period. He stated tlie note is secured by a morgage of the facility directly by Parlman-Rocque to the bank. He stated in the event there would be any problem with payment on the note, the bank would be obliged to take any any �. action necessary to collect on the note and it would not be an obligation to the City. Councilman Schneider questioned of there was any way in,which the City would be liable for the note. Mr. friel stated there is no wdy the City would be o6lioated, as this is prohibited be State law. MOTION 6y Councilman�Fitzpatrick to adopt resolution N63-1979 and authorize execution of the necessary related documents for the issuance of a$2,500,000 commercial development revenue note for the Perinan-Rocque Company (NorthJ Project. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � Mr Sobiech stated thi5 is the property the City woutd need in order to provide tbe streets for the Periman-Rocque development. MOTION by Councilman Fitzpatrick to accept the dedication of Outiots CC, BB, qA, HH, and FF, all in the Great Northern Industriat Center. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Pfayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMhiISSI0t1 MINUTES OF APRIL 11, 1979; MOTION by Councilman Schneider to receive the Planning Commission minutes of April 77,1g7g, Seconded by Councilman Fitzpatrick. Councilman Schneider questioned at what point the Council would receive a copy of the Comprehensive�Development Plan. Mayor Nee stated it was hard to appreciate the Plannin9 Comnission's discussion, without a,copy of the plan. Mr. Sobiech stated he would have no objection to passing on the draft to the Council at this time, however, they wished to make it as unconfusing�as possible. Mr. Sobiech stated the Planning Commission would be finishing with their review and the public hearing and a recommendation would then be passed to the Council in the near future. -. Mayor Nee stated he had come concern about what seems to be a forgone conclusion of adding�2,300 new residences. Councilman Schneider stated he has received comments about the fact that there aren't any options> and alternatives haven't been addressed. Councilman Fitzpatrick stated he had many minor questions and felt it might be hard to get back to them, after the plan had gone through the process. Cortn4ssioq�gives thehCouncilwtheirerec�amiendationPwhich is��then reviewedtand acted .� upon by the Council. Councilman Schneider felt it is difficult to follow the poi�ts raised and the discussion when they refer to certain items and questions, when you don't have the plan before you and con't follow what they are talking about. Ne felt, when the Council finaily gets the document, you can't get back to what the discussion was about. 137 REGULAR MEETING OF MAY 7, 1979 � PAGE 4 i -� Mr. Qureshi stated the whole process of the Commission is, basically, trying to � have them do the footwork. � Councilman Fitzpatrick stated he would agree the the comments in the minutes aren't " very valuable, without the document, because there is a�tremendous amount of detail. / � Mr. Sobiech stated it �depends what the Council is after, if. they want to take the tim� to go through what the Coirmiission is doing. Councilman Schneider stated he didn't want to do that, but would like to see the .} original draft in order to follcw what they are d�scussing.� He requested a copy I! prior to the Planning Comnission public hearing: - `--' Mayor Nee felt it vaas hard to understand the issues when you don't have a copy of � the document: � Mr. Qureshi stated there is no problem in providing the document to the Council. I -• � ; UPON A VOICE VOTE TAKEM ON THE ABOVE MOTION, all voted aye> and Mayor Nee declared the motion carried unanimously. RECEIVING TIIE PLAPlNING COMMISSION P1INUTES OF APRIL 18,7979: MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of April 18, 1979. Seconded by Councilman Fitzpatrick. Councilman Schneider felt perhaps there were some errors made in some of the statements regarding Moore Lake and questioned if, procedurally, the minutes should be received or wait for clarifications. Councilman Fitzpatrick felt that, by receiving the minutes, it doesn't mean they approve them. � UPON A VOICE VOTE TAKEN ON�THE ABOVE MOTION, all voted aye, and Mayor Nee declared the Motion carried unanimously. . MOTION by Councilman Schneider to authorize the execution of the agreement between the City of Fridley and the City of Moundsview for th� purpose of permitting certain residents in Moundsview to connect into Fridley's municipal water system. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor P�ee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated this study by the Army Corps of Engineers would be of no cost to the City, however, he wanted to make the Council aware that once � there is a study, it might require future Councils to direct their attention to the types of improvements recommended more so than come of the approaches taken in the past. Mr. Qureshi stated�he felt that possibly any recommendations which the .Army Corps of Engineers might submit would be an expensive type of solution. � He stated the Corps' designs are for a 100�year storm and even though the Council �� might like to do some of the things that would be recommended, the cost is always a factor. � Councitman Fitzpatrick felt he did�not know what the implications of the study j would be, but agrees that studies quite often turn out to be facts accomplished. 1... Councilman Scbneider felt the City runs the risk of not solving a problem, if the Council doesn't proceed. M�yor.flee stated he didn't feel there was that much of a problem along the river � and the problems that do exist are mostly associated with the creeks. � MOTION by Councilwoman Moses to direct the administration to send the letter to the Army Corps of Engineers requestin'g that Fridley be included in the study of river bank erosion along the��Mississippi River. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, htayor Nee declared the motion carried unanimously. _, _,� 13R REGULAR F�ETING OF PMY 7, 197g PAGE 5 � CONSIDERATION OF EXTENSION OF PETERSON LEASE (CHRISTENSCN PRCPERTY)• . MOTION by Councilwoman Moses to authorize the extension of the lease agreement � with O.H. Peterson for the Christenson property for an additional year. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared � the motion carried unanimously. / CONSIDERATION OF ENCROACHMENT INTO PUBLIC RIGHT OF�WAY BY SUPER AMERICA.AN� VALET MOTORS: hir. Sobiech, Public Works Director, stated the City has been working with Super America and Valet Motors to establish a loop-back on�University Avenue East Service DCi-vC;:south of 57th Avenue. ne stated a special use perrait-and�a.development � � agreement for a proposed service station/convenience center has been approved by � the Council and a service drive is proposed to be constructed by Super America in conjunction with this development. Mr. Sobiech stated, in order to allow them to begin their development, it is requested the Council approve an encroachment into the public right of way of the service drive and then, with the development, to proceed with the vacation proposal to vacate parcels 1, 2, and 3. MOTIOfJ by Councilwoman Moses to approve the encroachment into the public right of way and instruct staff to proceed with the vacation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FAIR SHARE COlVCEPT FOR NON-RESIDENT'S PARTICIPATION IN RECREATION PROGRAI4: Dr. Boudreau of the Parks and Recreation Department stated the fair share concept they are proposing, for non-residents partitipating in recreation programs sponsored by Fridley, is what many other municipalities have in their programs. He stated non-residents participating in the Fridley programs would be charged a fair share or equal share to help cover some of the costs that the residents pay, through . their tax money, for the facilities. He stated Fridtey residents would be given priority and any non-residents may enier the program. � In answer to a�question regarding the policy in Columbia Heights, Dr. Boudreau explained that the Recreation Department in Columbia Heights receives 50% of its money from the School District and 50% from the City, therefore, anyone residinq in School District N13 is not charged an additional fee and anyone outside of School District $13 is charged over and abo�+e the fair share fee. He stated their financial pattern is entirely different from Fridley's. Councilman Schneider stated Spring Lake Park just adopted a surcharge for Fridley residents participating in their programs. Councilman Fitzpatrick felt there are Fridley residents who live in School District N16 who will participate in the Spring Lake Park programs and pay the fee. Councilman Schneider stated his concern is that he has been working to find out why Blaine-Spring Lake Park felt compelled to impose a fee for persons that are in the school district and want to participate with their classmates. He felt the�children would participate in Blaine's and Colum6ia Heights' programs, not because they don'�t like the Fridley program, but because they want to participate with their classmates. Councilman Schneider stated� when talking about the fees for adult programs, he dcesn't have any problem.� Dr. Boudreau stated they are trying to protect the residents' rights. He stated, most of the adult programs have a lot of non-residents pay for the facilities to protect the City taxpayer. He stated Fridley residents pay for the facilities through the tax dollar and non-residents should bear some of the cost of the program on a fair share concept and tfiis is the only reason for instituting such a recomrendation. � i � 1/ / r �i J l� ' ( -� L l.sy REGULAR MEETING OF MAY 7, 1979 �� PAGE 6� Counci7man�Schneider'stated� he had heard the�reason for the charge in Spring Lake Park was because Fridley didn't let them use the park facilities. He stated he does, however, have documentation to the contrary. Councilwoman Moses felt the fair share concept might be misconstrued and felt this should be worked out at a different level, and possibly a joint program to use the facilities without cost. She s:ated she didn't have any problems with adults paying on the fair share concept, but with the children's activities sfie felt it was the athletic competition that was causing the problems. Or. Boudreau felt, if a distinction was made between the adult and children activities, the City could be left open for criticism on being unequal or unfair for everyone. Mayor Nee stated he has some difficulty with the philosophy since these are public facilities and the public is not described as a Fridley resident. Dr. Boudreau felt they were discussing two different philosophies, one on use of the facilities and the other on the programs. � Dr. Boudreau stated the Parks and Recreation Commission did concur with the recommendation by an unanimous vote and staff would like to know the Council's desire so that whatever action is taken could be included in the summer brochures which are ready to be sent out. Mayor Nee suggested possibly approving this concept now and then discussing it with the neighborin9 cities. MOTION by Councilman Schneider to concur with the recommendation of the Parks 'and Recreation Corcanission on the fair share concept for one session of the recreation program and, in the interim, the Council review the policy and communicate o-+ith adjoining communities and school districts. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTIOW�by Councilwoman Moses to adopt Resolution No. 64-1979. Seconded by Councilman Schneider. UFon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION 6y Councilinan Fitzpatrick to adopt Resolution No. 65-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Dtayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to adopt Resolution No. 66-197°. Seconded by Councilman Schneider. Uppn a voice�vote, all voting aye> �4ayor Nee declared the motion carried unanimously. P10TION by Councilwoinan Moses to adopt Resolution No. 67-1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION hy Councilman Frizpatrick to adopt Resolution No. 6E3-1979• Seconded by Councilwoman tdoses. Upon a uoice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. � .. . _: . _...,� REGULAR MEETING OF MAY 7, 1979 PAGE 7 Mr, aureshi, City Manager, stated the proposal is to rent the word processing equipment and, if it is found to be advantageous to the City, the equipment would then be purchased. MOTION by Councilman Schneider to approve Lity Manager's proposal and to authorize the rental/purchase of the word processing equipment and to adopt Resolution No. 69-1979. Seconded 6y Councilwoman Moses. Upon a voice vote, all voting aye, hlayor Nee declared the motion carried unanir�wusly. MOTION by Councilman Fitzpatrick to set a special Council meeting for May 16, 1979 to�interview potential architects for the North Park visitation center. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF REQUEST TO USE COMMUNICATIOf1S AIDE FOR PUBLIC ACCESS MOTIOtJ by Councilman Schneider to concur with the recommendation of the City Manager to allow the use of the Communications Aide to work on the public access�project. Seconded by Councilman Fitzpatrick. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF TAKING POSITIOIV REGARDING NOT PARTICIPATING IN PROPOSED CABLE SERVICE TERRITORY• MOTION by Councilinan Schneider to concur with the recommendation of the Cable Television Commission opposing Fridley's participation in the proposed cable service territory. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTP�fENT: PARKS APVD RECREATIOId COMtdISSION• MOTIOIJ by Councilman Schrteider to nominate Dick Young for appointment to the Parks and Recreation Commission. Seconded by Councilman Fitzpatrick. �) Councilman Schneider stated Mr. Young has been a resident of Fridley for the 1 past nine years and 6riefly outlined the organizations and activities he has been involved with in the community. There being no further nominations, the nominations were closed by Mayor Nee. MOTION by Councilman Schneider to cast a white ballot for Dick Young for appointment to the Parks and Recreation Cortmission. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. h1r. Tom Myhra stated he had just attended an Independent-Republican meeting and the party was concerned that most of the Commission members were Democrats He stated Bob Peterson had indicated he was interested in reappointment which he did not receive. Mr. Young stated he is no longer a member of the �FL party, if this was intended to be directed to him. Mr. Myhra stated this was not the intent and this question is not directed because of Mr. Young's appointment. Mr. hlyhra stated the Independent-Republican party was perturbed about this matter so he was bringing this before the Councii. Mayor Nee stated�the goal is to have a reasonably balanced representation. Mr. Myhra stated he believed that six out of 26 Cortenission members were Republican. ,I .Mayor Nee stated, as he recalls, he thinks Bob Peterson is an excellent person and would like to see him involved, but believed the problem was one of attendance at the meetings. r __ __ -� ( 141 � �3 I _� l .; ! F, � REGULAR MEETING Of MAY 7, 1979 PAGE 8 Councilman Fitzpatrick stated, when the,y are looking�for persons to serve on the Commissions, they review a list of resumes that have been submitted. He felt if Mr. h�yhra knows�of persons who are interested in serving on z City Commission,. he should encourage them to submit a resume so the Council is aware of their interest. COPiSIDERATION OF DONATION OF CITY SERYICES�IN THE AMOUNT OF 5921.71 TO THE ISLNJ�S OF PEACE: . � Mr. Qureshi, City Manager, 9tated he received a letter from Maynard Nielsen, President of the Islands of Peace, dated Aprit 24, 1979, requesting the City donate the costs for instaltation of the water and sewer l.ines plus materia L MOTIO�V by Councilman Fitzpatrick to approve the donation of City services in the amount of $921.71 to the Islands of Peace. Seconded by Councilman Schneider. Upon a voice vote, all voting aye�, Mayor Nee declared the motion carried unanimously. . . � CONSIDERATION OF RENEWAL OF HOUSE TRAILER APPLICATION FOR ISLANDS OF PEACE: Mr. Qureshi, City P4anager, stated they have received a request from the Islands of Peace to renew the house trailer permit to Octo6er 1, 1979, and in con- junction, it is requested the fee be waived. MOTION by Councilman Fitzpatrick to expend the time period for the house trailer permit to October 1, 1979 and that the fee be waived.� Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . LICENSES: . � MOTION 6y Councilman Schneider to approve the licenses as submitted and as on file in the License C1erk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor fdee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Fitzpatrick to approve Claims No. 113404 through 123938. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Ptayor Nee declared the motion carried unaniniously. ESTIMATES: . MOTIOf! by Councilman Schneider to approve the estimates as submitted. E. D. S. Construction Company 360 Larpenteur Avenue West . St. Paul, MN 55113 Partial [stimate #1 - For City Garage Addition Halvorson Construction 4227 - 165th Avenue N.E. Wyoming> MN 55092 Estimate #2 for St. 1979 - Misc. concrete curb $11,160.00 bli,va.00 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried�unanimously. � CDMMUNICATION FROM ROBERT�SCHROER (RE: PROPERTY ACROSS FROf4 COLUMBIA ARENA}: Mayor Nee stated ttie Council has received a letter fottn Bob Schroer regarding the property the City was interested in purchasing and in his tetter, he notes his continual expenses. He felt Mr. Schroer vianted some adjustment iq what the City had previously.discussed as a price for tfie property. .. Councilman Fitzpatrick felt this letter puts the Council on notice that they can expect will be added.to the briginal �figure discussed for the preperty.. Mr. Herri�ck, City Attorney, stated ine onty figure the City had was what came about as the result of the appraisal and Mr. Schroer had indicated this was acceptable. FRIDLEY CITY COUNC I L REGULAR f�IEETI�JG - f1AY 7, 1979 - 7:30 P, �1. MEP10 T0: DEPARTMENT IiEADS FOLLOWING ARE THE `�ACTIONS NEEDED"� PLEASE HAVE YOUR ANSWERS BACK IN THE C1TY ��IANAGER�S OFFICE BY TIiE I�EDNESDAY BEFOR[ THE NEXT REGULAR COUNCIL MEETING� THANK YOU� (�/Y�,4Y /lo �.rj7c�). I� VIETNAM �ETERANS �'�EEK, ��AY Z$ — �UNE 3, 1979 iiEARING pWARENESS i`�ONTH, ��av 1979 PUBLIC �"�ORKS �EEK, r�IAY ZO —�`�AY 26, 1979 RECREATION AND PARKS j'�ONTti, JuNE 1979 CERTIFICATE OF APP�ECIATIO�V: ROBIN SUHRBIER, PARKS AND RECREATION COMMISSION Certificate was presented APPr OVAL OF MI i�UTES : REGULAR i'�EETING, APRII" 23, 1979 Approved ADOPTIO;"•� OF AGEi�DA: Adopted as presented oPE�� FORUi�1, VISITOPS: �CONSIDERATION OF ITEMS NOT ON AGENDA — 15 P'�1NUTES) No Response nE�uLAR i�IEETING, I�IAY / OLD BUSIiVESS; LOT SPLIT REQUEST, L�S� #79-01� ALLAN FEHN AT INTERSECTION OF GARDENA & BEJAMIN STRfET �TABLED APR I L 23, 1979) . , .. , , , , , , , , , , , , , , 1 - 1 L L S. Approved w:th stipulations Variance approved with stipulations ACTION NEEDED: Inform applicant of Council's action i�EW BUSI;�ESS: CONSI�ERATION OF APPROVAL OF THE SCHEDULE FOR ESTABLISHING TAX INCREMENT DISTRICT FOR CENTER � CITY PROJECT. � � � . � � ; � � � . � . � . � � � . , . � Z APproved U9LIC WORKS ACTION NEEDED: Make arrangements for public hearings CONSIDERATION OF AGREEMENT BETWEEN CITY OF FRI.DLEY AND THE PERLMAN ROCQUE COMPANY �I��ORTH); �Z,SOO,OOO " COMMERCIAL DEVELOPMENT REVeNUE Bon�ns oF 1979� �,,,,, 3- 3 GG Resolution No. 63-1979 adopted � =INANCE ACTION NEEDED: Have forms executed and forwarded to appropriate parties 0 IaEW BU$I�dE$$ (CONTINUED) CONSIDERATION OF ACCEPTANCE OF DEDICATION OF OUTLOTS FROM BURLINGTON �'�ORTHERN FOR STREET PURPOSES IN GREAT P�ORTHERN INDUSTRIAL PLAT �PERLf9AN—ROC{1UE DEVELOPMENT). , 4— 4 D Approved ACTION NEEDED: Proceed as authorized QECEIVIN6 THE PLANNING �OP4MISSION h'�1NUTES OF iiPRIL 11, 1979,,,,,.,.,,.,,, ,,,,,,,.,,,,5—�0 Received . ACTION NEEDED: File for future reference 0 RECEIVING THE PLANNING COMMISSION MINUTES OF APRIL 1�, 1979, , , , , , , , , , , , ,�, . , „ , , . , , , , , , 6 — 6 U Received ACTION NEEDED: File for future reference � CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF MOUNDS VIEW FOR THE PUR�POSE OF PERMITTING CERTAIN RESIDENTS IN THE CITY OF �'�OUNDS VIEW TO CONNECT ONTO THE CITY OF FRIDLEY�S MUNICIPAL �PIATER SYSTEM. ,,, 7— 7 D Approved :NANCE ACTION NEEDED: Execute agreement and proceed as authorized � I'JEIJ BUSI�ESS (CONTI►JUED) CONSIDERATION OF CORRESPONDENCE TO THE CORPS OF ENGINEERS REQUESTING'STUDY OF EROSION PROBLEMS ON THE ��15SISSIPPI RIVER, � � � � � � � � � � � � � � � � � , � � � � � , � 8 — H A Approved letter ACTION NEEDED: Forward letter to Corps of Engineers CONSIDERATION OF EXTENSION'OF.PETERSON LEASE �CHRISTENSON PROPERTY), , , , , , , , ; , � � � � � � 9 Lease extended for one year FINANCE ACTION NEEDED: htake arrangements to extend lease for one year • CONSIDERATION OF ENCROACHMENT INTO PUBLIC RIGHT OF �'IAY BY SUPER AMERICA AND VALET MOTORS.., ,,,,,.., 10 - 10 A Request Approved ACTION NEEDED: Inform applicants of Council approval CONSIDERATION OF FAIR SHARE CONCEPT FOR WON RESIDENT�S PARTICIPATION IN �ECREATION PROGRAM. .�, , , , . , , . , 11 - 11 A Approved concept for one session. Communicate with adjoining communities and school districts PARKS & RE ACTIDN NEEDED: Start fair share �oncept and inform adjoining communities and school districts 0 � i•JEW BUSIiJESS (CoNrtr�uEn) CONSIDERATION OF A RESOLUTION ORDERING'IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT OF BIDS FOR SANITARY SEWER, WATER AND STORM SEWER PROJECT ;lo, 127, , , , , , , , , , , , , , , , , , , , , , , Resolution No. 64-1979 adopted ACTION NEEDED: Proceed as authorized CONSIDERATION OF RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT OF BIDS FOR SANITARY SEWER, �'�ATER AND STORM.SEWER PROJECT No, 128 , , , , , , , , , , , , , , , , , , , , , , , Resolution No. 65-1979 adopted ACTION NEEDED: Proceed as authorized 0 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISEMENT FOR BIDS FOR STREET IMPROVEMENT PROJECT ST. 1979-10 (SuRFacE TREATMENT) , , , , , , , , , , � � � � � � � � Resolution No. 66-1979 adopted ACTION NEEDED: Proceed as authorized � CONSIDERATION OF A RESOLUTION REQUESTING APPROVAL OF I'�ETROPOLITAN ��'�ASTE CONTROL COMMISSION TO CONNECT TO �OMMISSION FACILITIES, , , , , , , , � � � � � � � Resolution No.67-1979 adopted ACTION NEEDED: Proceed as authorized , . 12-12A . , 13-13A . , 1.4-14B . . 15-15A G +VE�J BUSI�JESS �CONTINUED) CONSIDERATION OF A RESOLUTION REAFFIRMING THE CITY COUNCIL APPOINTMENTS TO FRIDLEY IiOUSIN6 AND REDEVELOPMENT AUTHORITY. � � � � � � . . � � � .� � � � , , , � � � � � IE Resolution No. 68-1979 adopted ACTION NEEDED: Forward Resolution to appropriate authorities / -. CONSIDERATION OF RENT�PURCHASE OF �'�ORD PROCESSING EQUIPMENT AND CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR ;'jORD PROCESSING EQUIPMENT� , , , , , , , , , , , , , 17 - 17 � Resolution No. 69-1979 adopted � ACTION NEEDED: Proceed with advertising for bids and hiring of lead operator at Grade "D" level. 0 CONSIDERATION OF $ETTIN6 A$PECIAL COUNCIL I"�IEETIN6 FOR ��AY ].6, ].9]� TO INTERVIEW POTENTIAL aRCHITECTS FOR I`�QRTH PARK VISITATION CENTER� . , , , , , , � � � � Approved l� IBLIC WORK ACTION P�EEDED: Make arrangments for meeting to be held ' CONSIDERATI�N OF REQUEST TO USE COMMUNICATIONS AIDE FOR Pus�ic Access, , , , , , , ,., , 19 �,,.,,,,.,,, Council concurred • ACTION NEEDED: Inform Communications.Aide he will be working v�ith public access �dEt� BUSI�JESS (CoNritvuEn) CONSIDERATION OF TAKING POSITION REGARDING NOT PARTICIPATING IN PROPOSED CABLE SERVICE TERRITORY� ,,, ZO Concurred with recommendafion of CAN Commission ACTION NEEDED: Inform Cable Commission of Council's concurrence APPOINTMENT: PARKS.AYD RECREATIOtJ COMMISSION� ,,,,, 21 Dick�Young Appointed MANAGE ACTION P�EEDED: IP�form Mr. Young of his appointment CONSIDERATIOiJ OF DONATION OF CITY SERVICES IN THE • AMOUNT OF $gZ�.�l TO THE ISLANDS OF PEACE� �,,,,,, 22 — 22 p Approved FINAh�CE ACTION NEEDED: Make necessary arrangments for donation ,' CONSIDERATION OF RENEWAL OF HOUSE TRAILER APPLICATION FOR ISLANDS OF PEACE� , , , , , , , , , , , , , , , , , 23 - 23 B PUBLIC WOR ACTIONtNEEDED:ainformaappl�cantethat extension appovedatoel0/1/79 LICENSES, , , , , , , , , , , , , , , ; , , , , , , , . 24 - 24 F FIPIANCE ACTIONPNEEDED: Issue licenses FRIDLEY CITY COUNCIL MEETING �LEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE:_ ��%��9 , NAME AnneFCC ____. � I,� . FRIDLEY CITY COUNC I L REGULAR f�IEETIiJG — �1AY 7, 1979 — 7:30 P, M. PLEDGE OF ALLEGIAiJCE: PROCLAi�ATIOPdS : VIETNAM VETERANS I'�EEK, f�AY ZS - �UNE 3, 1979 �iEARING AWARENESS i`�ONTH, ��AY 1979 PUBLIC WORKS WEEK, �'�AY Zl� - i`tAY Z6, 1979 RECREATI'ON AND PARKS F`�ONT4, JuNE 1979 CERTIFICATE OF APPRECIATION: ROBIN SUHRBIER, PARKS AND RECREATION COMMISSION APPROVAL OF MIiJUTES: REGULAR i'�EETING, APRIL 23, 1979 ADOPTIOi�� OF AGEiJDFi: � OPE�d FORUi�1, VISITORS: iCONSIDERATION OF ITEMS NOT ON AGENDA - IS P`�1NUTES) i REGULAR i�EETING, I`�AY % PAGE Z OLD BUSIiVESS: � LOT SPLIT rEQUEST, L�S. }�J9—01, ALLAN FEHN AT INTERSECTION OF GARDENA & BEJAMIN STREET iTABLED APR I L 23, 1979) � � . � � � � � � � � , � , , , , , ]. — j � �JEW BUSI;�ESS: , CONSIDERATION OF APPROVAL OF THE SCHEDULE FOR ESTABLISHTNG TAX INCREMENT DISTRICT FOR CENTER ' CITY PROJECT. � � � � . � � - � . � � . , � � � . . � , � , Z CONSIDERATION OF AGREEMENT BETWEEN CITY OF FRI.DLEY AND THE PERLMAN ROCQUE COMPANY (iaORTH); $Z,SOO,OOO � COMMERCIAL DEVELOPMENT REVENUE BoNDS oF 1979� �,,,,, 3- 3 GG a 0 � I�EW BU$IP�E$$ �CONTINUED) CONSIDERATION OF ACCEPTANCE OF DEDICATION OF OUTLOTS - FROM BURLINGTON i'iORTHERN FOR STREET PURPOSES IN GREAT P�ORTHERN INDUSTRIAL PLAT �PERLt1AN-ROGQUE DEVELOPMENT), , 4- 4 D RECEIVING THE PLANNIN6 COMMISSION P��1NUTES OF APRIL 11, 1979.,,.,,,,,,,,,,,,,,,,.,,,,,,5-50 v IRECEIVING THE PLANNING COMMISSION I'�INUTES OF APRIL la, 1979,,,,,,,,,,,,,�.,,.,,,,..,.,,6-6U CONSIDERATION OF AN AGREEMENT BETWEEN THE.CITY OF FRIDLEY AND THE CITY OF MOUNDS VIEW FOR THE PUR�POSE OF PERMITTING CERTAIN RESIDENTS IN THE CITY OF �`�OUNDS VIEW TO CONNEGT ONTO THE CITY OF FRIDLEY�S MUNICIPAL �PiATER SYSTEM, �,.. 7= 7 D � �'�EI'� BUSIVESS (CONTIIJUED) GONSIDERATION OF CORRESPONDENCE TO THE CORPS OF ENGINEERS REQUESTING STUDY OF EROSION PROBLEMS ON THE �'�1SSISSIPPI RIVER, � � � , � � � , � � .� � . � � � � , � � � , � , � 8 - g R CONSIDERATION OF EXTENSION'OF.PETERSON LEASE �CHRISTENSON PROPERTY)� � , , , , , , ,., , , � � � � � � 9 CONSIDERATION OF ENCROACHMENT INTO PUBLIC RIGHT OF �'�AY BY SUPER AMERICA AND VALET MOTORS�., ,,,, ,,,,, 1O - IO A CONSIDERATION OF FAIR SHARE CONCEPT FOR P�ON RESIDENT�S PARTICIPATION IN �ECREATION PROGRAM. ,�, , , , , , . , , 11 - 11 A 0 i'�E�� B�$II�ES$ i�ONTINUED) CONSIDERATION 0� A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT OF BIDS FOR SANITARY SEWER, I"IATER AND STORM SEWER PROJECT ;lo, 127, , , , , , , , , , , , , , , , , , , , , , , , , CONSIDERATION OF RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTI.SEMENT OF ,�IDS FOR SANITARY SEWER, e^IATER AND STORM.SEWER PROJECT NO,1Z8,,,,,,,,,,,,,,,,,,,,,,,,, CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND AnVERTISEMENT FOR BIDS FOR STREET IMPROVEMEiVT PROJECT ST. ].9])-].� (SURFACE TREATMENT) � � � , � , � � . � � � � � � � , , � � � . a n 0 12-12A 13-13A 14-14B CONSIDERATION OF A RESOLUTION REQUESTING APPROVAL OF 1�ETROPOLITAN �IASTE CONTROL COMMISSION TO CONNECT TO �OMMISSION FACILITIES, , , , , , , , , , , , , , , , , , 15 - 15 a � VE� BUSI;�E$$ i�ONTINUED) CONSIDERATION OF A RESOLUTION REAFFIRMING THE CITY COUNCIL APPOINTMENTS TO FRIDLEY IIOUSING AND REDEVELOPMENT AUTHORITY. � � � � . � � � � � � .� � � � , � � � � , . � I6 CONSIDERATION OF RENT�PURCHASE OF �"�ORD PROCESSING EQUIPMENT AND CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR i'�ORD PROCESSING EQUIPMENT� � , , , . , , , , , , , , 17 - 17 B CONSIDERATION OF $ETTING A$PECIAL COUNCIL I"�EETING FOR I'�AY ].6, 1979 ro INTERVIEW POTENTIAL ARCHITECTS FOR �VORTH PARK VISITATION CENTER, , , , , , , , , , � � 1� CONSIDERATION OF REQUEST TO USE COMMUNICATIONS AIDE FOR PUBLIC ACCESS, , , , , , , , , , , , , , , , , , , , , , 19 � (JEIJ BUSIidESS (CoNriNUEn) CONSIDERATION OF TAKING POSITION REGARDING NOT PARTICIPATING IN PROPOSED CABLE SERVICE TERRITORY, ,,, ZO APPOINTMENT: PARKS AiJD RECREATION.COMMISSION� ,,,,, 2]. CONSIllERATION OF DONATION OF CITY SERVICES IN THE AMOUNT OF Sg21�Z1 TO THE ISLANDS OF PEACE, .,,,,,, 22 - 22 A CONSIDERATION OF RENEWAL OF HOUSE TRAILER APPLICATION FOR ISLANDS OF PEACE� � , , , , , , , , , , , , , , , , 23 _ 23 B � LICENSES, , , , , , , , , , ; , , , , , , , , , , , , , 24 - 24 F . THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL.OF APRIL 23, 1979 The Regular Meeting of the Fridley City Council.was ca77ed to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor�Nee, Councilman Barnette, Councilman Schneider, � Councilman Fitzpatrick and Councilwoman Moses MEMBERS ABSENT: None PRESENTATION OF AWAROS - CERTIFICATES OF APPRECIATION• Mayor Nee stated a number of citizens worked long hours on a continuing basis to advise the Council, as a member of the various City commissions, and in order to give some recognition for their services, certificates of appreciation are presented to the following persons: I Robert Peterson, Parks and Recreation Commission and Planning Commission . Leonard Moore, Jr., Parks and Recreation Commission � Ned Storla, Human Resources Correnission�and Planning CoRenission � Mary Jo Dobson, Human�Resources Commission '. Tim Breider, Police Commission I ', I i i i t Mayor Nee read the inscription on the certificates and presented them to Leonard Moore, Ned Storla ard Mary Jo Dobson. Mr. Robert Peterson and Mr. Tim Breider were not present at the meeting. PROCLAMATION - PROCLAIMING 1979 THE INTERNATIONAL YEAR OF THE CHILD: Mr. Pete Treuenfel read the scroll or proclatliation �vhich was printed by Steve Carpenter of Fridley. He stated the Human Resources Com�nission and the Plan- ning Commissaon both recommended adoption of this proclamation. PtOTION by Councilman Schneider to aoprove the proclamation proclaiming 1979 the International Year of the Child�. Seconded by. Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Ne��declared the motion carried unanimously. APPROVAL OF MINUTES: REGULAR MEETING APRIL 2, 1979: MOTION by Councilman Barnette to approve the minutes as presented.' Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING, APRIL 9, 7979• MOTION by Councilman fitzpatrick to approve the minutes as presented. Second- ed by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ur.animously. ADOPTION OF AGENDA: Councilman Schneider requested an item be added to receive the letter of resign- ation from Robin Suhrbier of the Parks and Recreation Cummission. MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 119 120 , REGULAR MEETING OF APRIL 23, 1979 PAGE 2 . OPEIV FORl1M, VISI•TORS: , � �� Mr�.-Iskierka, 6U0 Starlite Lane, appeared 6efore the Council regarding the condition of his property which, he feels, resulted from construction adja- cent to him. . Mr. Iskierka stated he has lived at his residence for the last seven years and hadn't any problem.with fiooding of his lot until development of the properties to the North and South of him. Mr. Iskierka stated, before con- struction of these homes, the land to the North was lower and it was built up causing his property to be flooded.- . Mr. Iskierka asked the Council to take a look at his property and stated if this matter was not settled,.he wouldn't pay any more taxes. Mr. Sobiech, Pubtic Works �irector, stated�, to date, there has been quite a discussion with the property owner and developer and the staff would pre- pare a report showing the background 7eading to these events. Mayor Nee advised Mr. Iskierka that the Council would receive a report and would look into the matter. Mr. Terry Murphy, 555 Glencoe Street, appeared before the Council and stated the residents in the 500 block of Glencoe are fed up with the speeding sit- uation in this area, and presented a list of residents who had signed a state- ment to this effect. . . � Mr. Murphy stated�there a lot of children in their area and the Police Depart- ment has been calted more than once,�but nothing is done. Councilman Barnette asked if.the problem is caused by persons l�iving in the neighborhood. Mr. Murphy stated.some of them live in the nzighborhood�and some are not from this area. . Mrs. Calistro, 574 Glencoe Street, stated there is a�problem with young kids and parties, but the Police Department oniy talks to them and takes no further action. . � Mr. Calistro, 574 Glencoe Street, stated the kids have open bottles and the Police Department doesn't do anything. . • Mr. Murphy stated he has lived in the area a little over three years and, since this time, the�•e have been 11 houses for sale as people are getting fed up and something has to be done about it. A gentleman from the audience stated he and his wife are planning to move out of Lhe area as soon as they can. He stated the problem is young kids who are unsupervised. � Mayor Nee felt the Council should receive a report from staff regarding this situation and see what could be done. - MOTION by Councilman Fitzpatrick to receive the list of signatures from residents in the area. Seconded by Councilman Schneider. Upon a voice vote,�all votin9 aye, Mayor Ne� declared the motion carried unanimously. NEW BUSINESS: RECEIVING H. B. FULLER DOfJATION FOR TREES: • Dr. Boudreau, Direr_tor of Varks and Recreation, introduced Mr. John Rutten representing the N. B, fuller Company who presented a donation to the City for trees. l . ..... . . . .. . . _ .. --_.. __.. _ __._. _.�. � �� 1L1 REG�LAR MEETING OF APRIL 23, 7979 PAGE 3 Mr. Rutten stated it gives him great pleasure to present this check to the �City to 6e used in conjunction with the City'S reforestation program. 14ayor Nee thanked Mr. Rutten for their donation and stated some of the Council will be at the tree planting at Locke Park this Friday. Mr. Jerry Vest, Assistant Secretary of Onan Corporation, was present on behalf of Onan Corporation, to request preliminary approval for�a �1,OOD,000 issue for industrial revenue bonds to be used for Onan's new facility. Mr. Vest stated the proposed addition would be a separate 6uilding and would be used as a�showcase into which they would bring personnel from around the country for training purposes. He stated it would not be used for assembly or manufac- turing nor strictly as an office facitity, but a training center or school. MOTION by Councilman Schneider to adopt RESOLUTION N0. 57-1979 giving pre- liminary approval to this project under the Municipal Industrial Development Act and authorizing the Mayor and City Manager to execute the Memorandum of Agreement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Roger Winges of Juran and Moody, Inc., appeared before the Council regarding the�request for issuance of industrial revenue bonds in the amount of $7,500,000 for a new facility to be built in Fridley by the Bureau of Engraving. He stated the 6uilding would be approximately 175,000 square feet and add about 360 new jobs as well as increase the tax base of the City. Mr. Winges stated the City Attorney has reviewed the financial statements. Mr. Herrick, City Attorney, stated he did review the financial statements, he would have no hesitation in recommending the Bureau of Engraving from a finan- cial standpoint. � Mr. Patterson of the Bureau of Engraving stated one of the.primary reasons for wanting to locate in Fridley is because they draw their employees from this � area. He stated, if they are unabte to locate at the site they nour have in mind, there are other areas in Fridley that may be available. Mr. Winges pointed out that the company has no outstanding long-term debt and the new debt service coverage ratio is substantially greater than most high- quality companies. . MOTION by Councilman Fitzpatrick to adopt RESOLUTION N0. 58-1979 giving pre- liminary approval to this project under the�Municipal Industrial Development Act and authorizing the Mayor and City Manager to execute the Memorandum of Agreement. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF APRIL 4, 1979• A. LOT SPLIT REQUEST, L.S. N79-01 ALLAN FEHN AT INTERSECTION OF GARDENA AND BENdAPtIN STREET: . Mr. Sobiech, Public Works Director, stated this is a request for-a lot split in the northeast quadrant ofi Gardena and Benjamin Street. He stated there was discussion at the Planning Commission that, if the lot split is approved, I � 112 REGULAR MEETING OF APRIL 23, 1979 PAGE 4 it would create the need for a variance of the front yard setback�for the existing house. The Planning Commission's recommendation> therefore, was for approval of the lot split contingent upon whether or not a�variance is needed. Mr. Sobiech stated the City Attorney has stated the variance had to be a separate procedure since, with the lot split, only the property owner is invited to the hearing, but with the variance, the surrounding prope�rty owners would be notified. F1r. Sobiech stated the variance process allows the Board of Appeals to make the decision regarding the setback in a residential area. Mr. Sobiech stated another item to be considered is that in all plats the City has acquired certain easements in the intersection area, specifically to try and obtain enough boulevard area for snowplowing. He stated they hope to work with the applicant, Mr. Fehn, to try and come up with an easement and round off the intersection. . Mr. Herrick felt the lot split could be approved contingent on ordering the hearing on the variance, before taking final action on the lof split. He felt this would be reasonable 6ecause, if the variance is �ot approved, he didn't think Mr. Fehn would want to split the lot. � Councilman Schneider stated his basic concern was the alignment> and wanted to make sure the variance did come before the Council. htOTION by Councilman Schneider to conditionally approve the lot split contingent upon granting the variance and final revieui by the Council. Seconded by Council- man Fitzpatrick. Mr. Sobiech stated as soon as Mr. Fehn takes out a building pennit for the garage, the variance process would begin since he would be adding on the a non-conf�orming use. P1r. Herrick stated the Council has the right to hold a public hearing on the lot split request, if they wish, so that people can be informed as to what P4r. Fehn . is planning. This way input can be received from the neighborhood on Mr. Fehn's proposal. COUNCILMAN FITZPATRICK WITH�REW HIS SECOND AND COUNCILMAN SCHNEIDER WITH�REW HIS MOTION. MOTION by Councilman Schneider to table this item to the next meeting. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared � the motion carried unanimously. B. EPlVIRONMENTAL QUALITY COMMISSIOf� MINUTES OF MARCH 20, 1979: COiJSIDERATION Of REQUEST FOR TAPE R[COROER: Mr. Sobiech, Public Works Director, stated there was discussion regarding the I pm^chase of a tape recorder to 6e used by the Commission members when they attend '� meetings outside the City Hall. �� Mr. Sobiech stated the Environmental Quality Commission recommended a tape . recorder be purchased and the Planning Commission did discuss the matter, but '� made no recommendation. He stated funds were not appropriated for such an item �.. in the 1979 budget, but it could be considered in the 1980 budget. '�.. Councilwoman Moses stated, if a tape recorder was purchased, she felt it should ��, be made availablz for use by all the Comnissians. �. i, Councilman Schneider stated only three members were present at the meeting when ��'. ' the Environmental Quality Commission recommended the purchase fo.the tape . ,��. recorder and one of the absent members was opposed to�the idea. . � I Mr. Qureshi, City Manager, stated the question isn't so much the money for the recorder,�but if this is the type of thing the Council wishes to�provide since there seems to 6e a divided feeling about it. � .. ... .__ _ . .._ .. _.. --_ .__.___.._... _. _.. � �� L __ , �< REGULAR MEETING OF APRIL 23, 1979 PAGE 5 Councilman Fitzpatrick asked about the objectian to providing this equipment. Mr. Qureshi stated there is-the question of maintenance and who is�going to be responsible for it. . . Councilman Schneider stated his objection is that he has taken a stand about looking at all capital expenditures and prioritizing them annual7y at budget time. He stated he wouldn't have a problem with reviewing it, when the budget is being considered.� � Councilman Fitzpatrick felt the Council didn't get many requests of this nature from the Commissions and, if it is something they need and isn't that costly or difficult to provide, he felt their request should be honored or give some reason for not honoring it. Councilwoman Moses stated she could see the value in tape recording the meetings that if some member�fo the Cort¢nission couldn't.attend, they could review the tape to get background information. MOTION by Councilman Fitzpatrick to instruct the administration to provide for the purchase of this equipment and bring back to Councit any necessary action needed. Seconded by Councilwoman Moses. Councilman Barnette referred to Mr. Peterson's comments, as shown in the Planning Commission Minutes of January 10, 1979, that the official testirtany of a public meeting would be the minutes, not a tape of the meeting. He stated he questioned�the purpose of having the meeting on tape, if it wasn't official anyway Councilman Fitzpatrick felt there is a difference between the minutes that are available and what comes out officially. He stated he was glad that there were tapes that document what the Council does as he had occasion to use them. Councilwoman Moses stated the Commission wants the tape recorder for a large group where it is hard.to tune in and wants the microphone apparatus. Mayor Nee questioned if it was the intent of the motion to have the recorder available to all.the Commissions. Both Councilman Fitzpatrick and Councilwoman Moses answered in the affirmative. Mr. Herrick stated the motion would require four affirmative votes since it is an item that has not been included in the budget. � UPON A VDICE VOTE TAKEN ON THE MOTION, Councilman Fitzpatrick, Councilwoman Moses and Mayor Nee voted in�favor. Councilman Schneider and Councilman Barnette voted against the motion. Nayor Nee declared the motion carried by a 3 to 2 vote. C. APPEALS COhiMISION MINUTES OF�MARCH 27 1979• REQUEST FOR EXTENSION OF TIME ON VARSANCE� APPROVED MARCH 17 1978 JOHIV P. DOYLE, 6305 EAST RIVER ROAD• - Mr. Sobiech, Pub7ic Work:; Director, stated this is a request for a time extension of a variance approved by Council on March 17,� 1978 to reduce the required front yard setback from 35 to 32 feet. He stated the property involved is located in the northeast quadrant of Hugo Street and East River Road. Mr. Sobiech stated it should be noted that all the existing structures to the East of this proposed apartment building are setback 32 feet or less and the proposed building would line up with existing structures. Mr. Doyle, applicant, stated when they presented their plans a year ago, they felt this variance request would enhance the nei�ghborhood and property itself. He explained, however, no action has been taken on construction of the building, primarily as a result of very tight financing. He stated it looks'like�they have a program which may provide them with the finflnci�ng so they may proceed. �^a REGULAR MEETING OF APRIL 23, 1979 PAGE 6 MOTION 6y Councilman Schneider to receive the minutes of� the Planni�g Comanission Meeting of April 4, 1979. Seconded by Councilman Barnette. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. . RECEIVING POLICE CIUIL SERVICE COh1MISSION MINUTES OF APRIL 9, 1979: - MOTION by Councilman Schneider to receive the minutes of the Police Civil Service Comnission Meeting of April 9, 1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OF HONEYMEAD PRODUCTS COMPANY CONNECTING TO Mr. Sobiech, Public Works Director, stated the City has been working with Honeymead regarding additional water supplies to satisfy their fire protection needs. He stated, in order for fridley to provide the amount of water Noneymead needs for fire-protection, tlie Fridley water system adjacent to their property would have to be modified considerably. He stated a 48 inch water main, owned by the City of Minneapolis, presently exists adjacent to the Honeymead property and it is requested, therefore, that the Council allow them to connect to Minneapolis for fire purposes only. Councilman Schneider asked if Minneapolis would agree to this, and Mr. Sobiech stated, as far as he knows, there would be no problem. Pi0TI0N by Councilman Fitzpatrick to allow Honeymead to connect to the City of Minneapolis water system for the purposes of fire protection. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST BY AMERICAN LEGION FOR A 6ING0 LICENSE_ ! i Mr. Bill Kinkel, Commander of the American Legion Post, appeared before the �'. Council regarding their request for a bingo license. He stated the Post had ��, a bingo license in 1977 for four or five months and then they discontinued ;. the bingo operation and, therefore, didn't renew it in 1978. He stated they . hope to start the bingo games again on May 3. ��, Mr. Brunsell, City Clerk, stated the State statute makes reference to a 30 day period from the date of application to the time the operation begins and he stated the application date is April 6, 1979• Mr. Brunsell stated the Police Department has made an investigation and they find no reason to recommend denial of this request for a bin90 license. Mayor Nee pointed cut that the bingo license for the American Legion appears later in the agenda under the licenses to be considered for approval. The following other item, which appeared later in the a9enda, was then considered at this time: RECEIVING REQUEST FOR EXTEfFSIOtJ OF HOURS FROM FRIDLEY BILLIARD CENTER: 14r.6urmeister appeared before the Council regarding his request to extend his hours of operation at the Fridley Billiard Center. Ne stated he is now open until 11 p.m. during week nights and to 12 a.m. on Friday and Saturday nights. Mr. Burmeister pointed out that sometimes he is busy at closing time� and would like an extension of business hours to remain open longer. Mr. Brunsell, City Clerk, stated the staff did some checking�and the owner of the building pointed out that there have been no problems with the operation of this billiard cen*_er and he didn't ohject to a midnight closing, but if the business remains open to 1 a.m., or som[�iater time, you may get a different crowd of people.and there may be problems. i r � ( REGULAR MEETING OF APRIL. 23, 1979 PAGE 7 125 Councilwoman Moses pointed out that this busipess i�s Mr. Burmeister's livelihood and he wants to�be able to accortwdate the persons who patronize his estableshment. She stated he definitely has a youhg teenage group that patronizes his business and keepir�g it open later, you may get a different crowd. She stated Mr. Burnieister woutd like�to be abte to stay open longer so persons can finish'their games that are in progress. Mr. Herrick asked if they had a policy similar to the restaurants, where the hours are specified for closing and then the owner has a half hour to clear the establishment of customers, if this would take care of the situation. Mr. Burmeister stated, basically, if they could remain open to 1 a.m. he fe7t this would cover everything. He stated, if it'becomes a problem, he would be willing to 90 back to the hours he now has. Mr. Herrick asked if he had a problem with junior high students being there late in the evening. Mr. Burmeister stated, if they are under 16, they have to be out by a cert'ain time. MOTION 6y Councilwoman Moses to grant this request to change the closing hours for the Fridley Billiard Center�to 7 a.m. Monday through Saturday: Seconded by Councilman Fitzpatrick. Upon a voice vote, �11 voting aye, Mayor Nee declared the motion carried unanirtausly. RECEIVING REPORT FROM ISLANDS OF PEACE FOUNDATION ON MATCHING FUNDS FOR STATE GRANT: Mr. Ed Wilmes presented a report from the Islands of Peace Foundation regarding matchiny funds for the State grant. He then reviewed the amounts received, either in cash or in kind services, to provide the necessary matching *unds. Mr. Wilmes stated he hopes the Council goes along with the thoughts that, if they are over the amount for the matching funds, this can be used in case of another grant. He felt that now the project has come this far, whatever � direction can be taken to keep it going, should be done. � Mr. Wilmes:stated the architect has indicated funds are available now that are sufficient to complete the building. Mayor Nee asked if they were going to have funds available to comp7ete the parking lot. Mr. Wi7mes extenr.ed thanks to Mayor Nee and Senator Schaff.for their support at the meeting of the Metropolitan Council. MOTION by Councilman Fitzpatrick to receive the report from the Islands of Peace Foundation regarding matching funds for the State grant. Seconded 6y Councilman Schneider. Upon a voice vote, a17 voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PHASE I REPORT PERTAINING TD.CEPlTER CITY PROdECT AND CONSIDERA7ION OF AMENDING pHASE ]I PORTION OF COIJTRACT: MOTION by Councilman Barnette to receive the Phase I report pertainirg to the Center City Project. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, stated that Mr. Doycher of Professional Planning and Development Company, was una67e to attend the meeting this evening because of illness. He stated it is understood that Phase I was an inventory to make a work program for the Center City Project. Iie stated there would have to be a review of alternative forms of funding that were to be formalized and fiaalized in Phase II. '_ � Mr. Sobiech stated, in reviewing the funding, it seemed one funding scheme would �, - be more appropriate which is a tax increment district. He stated it is suggested, .� therefore, that Phase II be modified so rather than reviewing financial forms, I�__ REGULAR MEETING OF APRIL 23,1979 � PAGE 8 the program would be to develop a tax increment district. � � Mr. Sobiech stated that Phase II now under contract was budgeted at $7,000 and was designed as�an inventory of financing alternatives. If the Council so�desires to amend Phase II for the final development of the tax increment district, the cost would be $10,000 or an additional $3,000. Mr. Sobiech stated if a tax increinent district was established, however, the entire $10,000 for the cost of the consultant services in Phase II could be�applied against the tax increment district. Councilman Fitzpatrick questioned why the area to the East of City Hall was not included in the description 4nder Phase I. Mr. Sobeich stated the area the consultant was to develop was related only to the Center City Project, however, if the Ci�ty 9ets involved in a tax increment district, it might be advisable to include other areas. Councilwoman Moses asked, if the tax increment district includes the property to the East, if.the schools wouldn't be getting any revenue. � Mr. Sobeich stated there are certain processes to go through in establishing the tax increment distri�ct and there wou2d be meetings with the School District, County, etc. Councilwomen Moses asked the status of the Center City Project, if a tax increment districe wasn't established. � Mr. Sobeich stated they would have to bo back to revievring alternative funding, but would still keep proceeding with the project. Mr. Bodrdman, City Planner, stated, under new legislation, the City could set up a tax increment district and not necessarily go to ttie School Bo&rd and County, but as part to the public hearing process, they have to be notified. Mr. Boardman stated that Village Green could be included as a portion of the tax increment district, but if it is delayed to a.point that the tax increment district is not finalized until after the first of the year, then the potential is lost for including this development. Councilinan Schneider pointed out the bind that the City of Minneapolis is in and questioned if this could happen in this case. Mr. Boardman stated in Minneapolis the City took control of the property and then tried to get development, which wouldn't to the case in Fridley. P10TION by Councilwoman Moses to amend Phase II of the contract for the Center City Project, including the increase of the allowable fee to $10,000 and proceed with the development of the tax increment district. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � APPROVAL OF LEASE AGREEMENT WITH SCHOOL DISTRICT n13: MCTION by Councilman Schneider to authorize the execution of the lease agreement with School District �13. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR TV SOLIDIFICA7IOPd (BIDS OPENED MARCH 3D,1979): Mr. Sobeich, Public Works Director, stated that bids were opened on March 30, 1979 for TV solidification and pipe repairs for sanitary sewer and storm sewer and rigid pavement slabjacking and it is recommended the contract be awarded � to the low bidder, Solidification> Inc. MOTION�by Councilwoman Moses�to receive the following bids: Ideo Pipe 6rt.�, Plaunt Anderson, and Am. Consulting Service - No Bids � i REGULAR MEETING OF APRIL 23 1979 Description 1. Security Bond 2. Television Inspection af Sewer Pipe 3. Minimum Charge for Television Inspection of Sewer Pipe 4. Setup for Sewer Joint Sealing of Sewer Pipes (Move In and Move Out) 5. Sewer Joint Sealing of Sewer Pipes Solidification Inc. Transamerican _Tns. Los Angeles, CA $ .29/ft 150.00 79.00 39.00 127 PAGE 9 Midv�est Ins. - Comnercial Underwriters Mpls. MN $ .30/ft 500.00 150.00 E" 30.00 10" 35.00 12" 40.00 15" 45.OQ 6. Chemical Sealing Materials �8 quote '�, for Joint Sealing (AM-9) 4.90 4.58 . 7. Minimum charge for Sewer �� Joint Sealing Project 200.00 550.00 �� 8. Setup for Solidification , Repair of Sewer Pipes (Move ��. In and Move Out) 65.00 � 9. Chemical Materials for '�. Solidification Repair of '. Sewer Pipes (Sodium Silicate � and Calcium Chloride) Z �Q 10. Minimum Charge for � Solidification Repair Pro.ject 250.00 11. Manhole Inspection 20.00 72. Manhole Repair 65.00 13. Chemical Material for F7anhole Repair . 4.90� 14. Amount of Tiine Required to Respond to Service Request a Normal S * 150.00 4.58 550.00 12.50 45.00 4.58 ervice Days 5 yes Normal - 24 b. Emergency Service Hours 24* yes Emg. �� 15 Addendum �1 Proof of Bidders Responsibility yes 16. Addemdum �y2 a. Chemical Root Control � . Min. Charge (Unit Price) 125.00� b. Chemical Root Control Lahor & Equipment (Hr. Rate) 74.00 c. Chemical Material for Root Control (Liquid in Containers) (Gallon) - 42.55 (Slabjacking) � 1. Labor (per Hour) 88.00 - 4 men -' . J6.00 - 3 men 2. Material (Cubic Yd.) 64.00 - 2 men 74.00 3. Mobilization (Lump Sum) 70.00 4. Amount to Time Required to Respend to Service � � Request � a Normal Service D �* yes . 38 75.00 35.00 No Bid ays ,, yes b. Emergency Service Days 2* yes - *Amount of Time Required by City. If Bidder Cannot Respond in Time Noted, Please State Alternative Proposal. . . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried�unanimously. � n i� i> REGULAR MEETING OF APRIL 23, 1979 PAGE 10 �40TIOP7 by Councilman Schneider to award the bid to.the low bidder, Salidification, Inc. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AtJ� AWARDItIG CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1979-1 AN� 2 AfJD 4 6IDS OPEfdED MARCN 26> 1979 : Mr. Sobiech, Public�Works Director, stated bids were opened on P1arch 26, 1979 for Street Improvement Projects St. 1979-1, 1979-2 and 1979-4 and it is recomnended that the contract be awarded to the low bidder, N.D.H. Asphalt, Inc. Mr. Sobiech pointed out they are having a problem in one erea in that 6urlington Northern owns the property where the pipe of the h!efropolitan Waste Control Comnission is installed on Ashton. tle stated Burlington Northern will give the City the easements in lieu of the assessments. He felt, however, they would benefit from the project. Mr. So6iech stated originally Ashton Avenue �aas proposed as a 28 foot street to recognize the use of the roadway by industrial traffic.. He stated,'since Burlin9ton Morthern doesn't feel they benefit from the project, the only purpose of the roadway is an alternate route in lieu�of East River Road. He stated staff will continue to work with Burtington Northern to acquire what is needed for 61st Avenue. He stated, as far as Ashton, it should be � sufficient so that traffic would go to 61st. Mr. Herrick felt Buriington Northern should be informed, in writ9ng, what the City intends to do so they have ample time to respond. . MOTIOfV by Councilman Schneider to receive the following bids for Street Improvement Project St. 1979-1, St. 1979-2 and St: 1979-4: PLANHOLDER N.D.H. Inc. 70D Industry Avenue NW Flnoka, h1IJ 55D30 Nardrives, Inc. 3030 Harbor Lane Suite 216 Minneapolis, MN 55416 Rury & Carlson, Inc. 6008 Wayzata Blvd. Minneapolis, �dN 55416 C.S. I1cCrossan Box AD Osseo, MN 55369 BIO DEPOSIT American Fidelity 5% The St. Paul Prop. & Liability Insurance 5% CNA 5% Fireman's Fund 5% BASE BID 5324,552.93 $337,332.43 $380,511.52 5395,314.55 Seconded by Councilwoman Moses. Upon a voiee vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. MOTI01•! by Councilman Schneider to award the bid to the low bidder, N. �. H. Asphalt, Inc. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. RECEIVING 6IDS AN� AWAR�IfdG COP7TRACT FOR SEWER AND WATER IMPROVEMENT PROJECT P M R H 1979 : . � Mr. Sobiech, Public Works �irector, stated bids were received for the Se4rer and 4!ater 3mprovement project F126 and it is recomnended tbat the low bidder, Wali�mit Construction, Inc. be awarded the.contract. MOTIDN by Gouncilwoman Moses to receive the fol.lowing bids for Sewer and Water improvement Qroject #126: ' � i ' . .. . . .. . . �"! „'-'_-'_-_--_-_ _. ... I_._. .. _ .. � REGULAR MEETING OF APRIL 23, 1979 '� PLANHOLDER ; Walhunt Construction Inc I, ll545.NE 6th Street Cedar, MN 55011 . F.F. Jedlicki, Inc. . 5411 Bartlett Blvd. Mound, MN 55364 ; DeLuxe Construction , 527 Emil Avenue � Shorewood, MN 55112 �, . Hayes Contractors,�Inc. . 1010 Currie Avenue ' Minneapolis, MN 55403 �. White Construction Co. � S & W Contractors 3321 39th Avenue S. Minneapolis, MfJ 55406 C.S. McCrossan Box AD Osseo, MN 55369 r I BID DEPOSIT Balboa Ins. Co. 5% Transamerica Ins. Services 5% Reliance Insurance Co. 5% Employers Ins. of Wausau 106 United Fire & Casualty Co. 5% Fireman's Fund 5% 1 `L9 PAGE 11 BASE BID $15,248.57 $15,556.00 $16,490.00 $17,378.00 $19,260.00 $20,338.OD � � Burschvitle Construction American - � Box 16J �ruggists' $20,502.60 Loretto, MN 55357 Ins. Co. 5% � 0&P Contracting, Inc. The M�erican Box 505 Druggists' $20,980.80 Osseo, MN 55369 Ins. Co. 5X � Ideal Enterprises, Inc. American 937 Swift Street � Fidelity Fire $24,314.00 Shakopee, MN 55379 Ins. Co. 10% Seconded by Counci7man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' MOTIOi� by Councilman Fitzpatrick tc award the contract to the low 6idder, Walhunt Construction, Inc. Seconded by Councilman Schneider. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried-unanimous�ly. MOTION by Councilwoman Moses to receive Petition No. 3-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to adopt Resolution No. 59-1979. Seconded by Council�aoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 60-1979 RECEIVIfdG PRELIP�IINARY REPORT AND CALLIfJG A PUBLIF. HFAR I ��..._.,. . _ �� ;�n REG,ULPR ME{TING OF FhPRIL 23,1979 PAGE 12 ��--I+IOTION by.C�uncilman Fitzpatrick to adopt Resolution No. 60-1979. Seconded 6y � Ceuncilman Schneider. Upon a voice vote, all voting aye, P7ayor Nee declared the motion carried.unanimuosly. RESOLUTION N0. 67-1979 DIRECTING PRFPARATION OF ASS[SSMEIVT ROLL FOR STREET IP4PROVEMENT PROJECT ST. 197&-1,�2 and 4: MOTION by Councilman Schneider to adopt Resolution No. 61-1979. Seconded by Councilman Fitzpatrick. Upon a voice vote>_all voting aye, �Aayor Nee declared the motion carried unanimously. RESOLUTION N0. 62-1979 DIRECTING PU6LICATION OF HEARING OF PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEfAENT PROJECT ST.1978-1, 2 and 4: MOTION by Councilman Schneider to adopt Resolution No. 62-1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, f1ayor Nee declared the motion carried unanimously. CONSIDERATION OF PROPOSED HOLIDAY APID MEETING SCHEDULE FOR 198D�: � � Mr. Qureshi, City Manager, stated they are 6ringing this to the Council much earlier than usual as they are trying to work with School District �i14 in getting some dates on their calendar when it comes out. MOTION by Councilman Schneider to concur with the proposed holiday and meeting schedules for 1980, as submitted by the City Manager. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENTS: CITY EMPLOYEES: MOTION by Councilman Fitzpatrick to concur with the appointments by the City 1�1ana9er of the following: - ' NAME Joyce Flemino 3875 Woodland Road New Brighton,�Mn. 55172 POSITION Office Assistant SALARY $748 per htonth EFFECTIVE DATE 1REPLACES May 1>1979 New Position Janelle M. Cook Office Assistant $748 � May 1>1979 New 2201 lOIIth Ave. NW per Position Coon Rapids, Mn. Month 55433 Seconded by Councilman Schneider. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimou�}y. CLAIMS: MOTION by Councilman Barnette to authorize payment of Claims 140. 049567 through 709938. Seconded 6y Councilrnan Schneider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. ESTIMATES: MOTIOfJ 6y Councilman Schneider to approve the estimates as su6mitted. Patch, Erickson, Madsen, Inc. 2311 Wayzatta 6oulevard hlinnespolis, P91tl. 55405 Partial Estimate #1 - Expansion to Municipal Garage� flalverson Construction 4227 765th Avenue N.E. Wyoming, Mn. 55092 Partial Estimate #1 - St. 1979 Miscellaneous Concrete Curb and Gutter Contract � $ 495.00 $7,695.00 - - - ---- _ _ _ --- _ ; 131 ��, REGULAR MEETItIG OF APRIL 23,7979 PAGE 13 , Weaver, TaTle & Herrick . � .. 316 East Main Street � - � � � � ��Anoka, Mn. 55303 � - � ! For Legal Services Rendered as City Attorney for March, 1979 $2,705.25 ', Smith, duster, Feikeama, Malmon & Haskvitz �� Suite 1250 � � � I Builders Exchange 6uilding � �; Minneapolis, Mn. �55402 j��. For Legel Services Rendered as Prosecutor for March 7979 � $2,640.00 �� Professional Planning and Development Co. . 602 South Second Street ' Mankato, t4n. 56001 �, Partial Estimate nl - Consultant Services for Center City a3,500.00 Project ,; Islands of Peace Project (to be paid out of interest money) ., Bonhus Hardware & Marine � '� 2506 Central Ave. N.E. � ��. Minneapolis, MN '� Oil for Wood Splitter ^y 3.96 ' Bethel Marine i� � 21144 Highway 65 N.E. . � Cedar; MN - I Battery for 20 h.p. Mercury $ 59.95 � iTwo Oars . � � � Oar Locks $ 15.00 ' � Rope . . $ 6.45 ; 8 6.50 ' tJOrthvrestern Eell Telephone Co. . 200 S. 5th Street � � Minneapolis, MN � TQlephone Service � $ 2� �6 I . � Beisswengers Hardware �. 1360 Old Hwy. & �; � New Brighton, MN I Rental of Log Wood Slitter $ 50.00 '�, Northern States' Power Co. � �, P.O. Box 9477 �� Minneapolis, MN �� Electricity for�.Shelter Euilding � 79 79 � Edward T. Wilmes ��.. 23707 University Ave. .; Bethel, Mn ', Gasoline used�for Islands of Peace P7eetings $��g 50 i !� Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee . declared the motion carried unanimously. � i LICENSES: '�. MOTION by Councilman Schneider to approve the licenses as submitted and as on file ; in the License Clerk's Office. Seconded by Councilman Fitzpatri�k. Upon a voice � vote, all voting aye, Mayor Nee declared the motion carried unanimously. I . �� ]:>> REGULAR PIEETING OF APRIL 23. 1979 PAGE 14 RECEIVING RESIG�dATION OF R06IN SUHR6I[R FROM THE PARKS /IND RECREATION.COMMISSION: MOTION by Councilman Schneider to receive the resignation of Robin-Suhrbier from fthe Parks and Recreation Commission. Seconded by Councilinan Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee Declared the motion carried unanimously. RICE CREEK COMPLAINTS: � Mayor Nee stated he has been approached by persons living on Rice Creek who are having problems with erosion. ' Mr. Sobiech stated the last study done on Rice Creek was in conjunction with the Locke Lake area.and those residents were to decide which plan to proceed with ano contact the Rice Creek Water District for a study. Mr. Qureshi, City Manager, stated the question then arises on who would benefit and pay the costs. SIGNALIZATION - 69TH AVENUE AND HIGH4IAY ?7: Councilman Garnette questioned the�progress of this signal proposed for 69th Avenue and liighway 47 or University Avenue. Mr. Sobiech stated they expect the completed plans and specifications by the end of May or first of June. He stated there has also been some feedback that possibly this signal could be let in 7950 just by letting it proceed in a normal manner. ADJOURiVNiENT : MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. ' Upon a voim vote, all voting aye, Mayor Nee declared the motion carried unanimously � and the Reyular Meeiing of the Fridley City Council of April 23,,7979 adjourned at �� 10:30 p.m. �. � ' Respectfully su6mitted, � �� Carote Haddad William J. Nee Secretary to the City Council Mayor - Approved CZTY OF 1�liIDLEY ]�i,nriNZi;c coi-s.,rssro�r tr:r•,Tr.r,c _ nrRZt k, �.97q cnT,r, mo or�nEr.: � �,�.r� . 1 Cliuiz�c�.an Harris� called the April k� 1979, meeti.ng of the Plrsnning Coimniooion to order nt 7:3o P.M. . . 1?OLL CALL: Ide�ber.s Preacnt: ]�ir. Storla, :rr. Oquist, ?�ir. Fiarric� lde.suhrbier� Mr. Lan�enfeld Ms. Schnabel (arrived ar_ 7:35) t�,�nbexs Absent: �ne • _ . . � : Othero Precent: Mr. Boordman, City Planner �. APPROVP PLAI�T:TIvG CO`•1'i7SSI0:F 2�ffPtV1'�S: MARCH 21j 1979: 1✓.OI'ION by 2•�. LanF;en.^e2d, seconded by t�. O�uist to approve the March 21' 1979� minatea of the Planning Co:muission. Mr. Lsngenield stated that the la�t pnragr�ph on ppge 7 shou]d ctate that if the itttended uce wac not usedy it Fould then hr�ve to come UeYore the Couuai.scion und �.he Council. • UPOi� A VOIC� V6TEy p7,y VOTI?r'G AYS� CHAIRl,'fAI1 HARRIS DECLAF?ED ^1HE bffNUS'ES APPROVLD AS CORi'S.CTr'.T). ' . • R � ' . 2• L�I' 5PLIT .T'iEAUEST, L.S. ��79-01, BY ALLAN FEt�id; Split ofY the Souther7.y 222 �� feet of Lcti 23, �;uditor' � Subdivision I�o. y2, er.cept the S•les�t 30 feei: of Lot ��t'� 23y an3 excegt the South 30 fee� of said loL 23, into two Uuilding sites, as t : follovs: Par.cel A. The South 110 feet of Lot 23� k.S. L92, xith th� excepti.ons� �,�� and PAreel B. `Phe South 222 feei o� Lot 23, A.S. j192� except the South 110 feet �` . and er.cept- the zrest 30 Seet of said Lot 23�.Yocated at tfie intersection of Gardena Avenue and Aenjamin Street IJ.E. . Mr. Botzrdm3n ststed that page 20 of the n�;enda chowed the lecation oY t;he lot. 7'i�ere WAS an existing house 2ocated on what zaculd be Parcel B if the lot split kas approved. The e::isi,in3 lot ri�ht now is quite a large lot and even �rith tl�e split you �rculd have more i:hc�t what is required Por tuo sin�le fani]y lots in the area. The thing to Ue concerned aUout And �hould look c�t is that with the splii; off9 the er.istir.g house is presently fc�cir� G�rdena� and clthou�h it meets the�xequire�ents flt this tine� with the split ofP it •.;ouZd ±wke the existin�, house a non-confoxninG use es far as the setbacY. �oes, If soW�ethir.� happened to th;,t house� it would probably hAVe to be rebuzlt boeed on i;h�� co1e, and couldn't Ue rebuilt on that snme i'ow:dntion. The ne�r house would have to r..eet tlie ec�3e and f�ce Benjcmin With a 35 foot setUack instead of the 25 foot setback. Anol;her 1;hing to consider is that the i�ouse to it?e es�t of this property is setUnck � consideraUle d±stance, approxim„te�y 70 Seet. So a liouse Uuilt on tl�is corner lot �:ould stick out into the Sront yArd of i;hat house. DSr. Aoxrdman �1;ated he tiould ixagine thc loce�tion of tl�e propoced ]iouse rrould Ue St�cing Benjnmiu. Also, tlie present sewer IIIICl vAter cor�e off of Gnrdena� so they would have to hc��•e a new �;nter tup ofi' Ilen,jamin. fie Uelicved sewer could r�t311 be served oif Gc�s�3ena. , rz.nra�irrc co;s�arsszora t�,rzrc, nrr�r.L �F, 1979 1'AGE 2 1 A :dr. Itarriu stnted thnt tl�erc r�ppesred i:o tie 4 nezacr cican out in •ihere con,epince. Mr. J3onrdman atated i:h�t there ��co u oewer cican out in the tr,iddle of the loi;� And tbere NOUlC� I)AVC to be r,ome chan�;es in thai:. Ite understood ihat the eewcr �or the exictin� l�ouse Wou1d have i;o be i;epped oYf T3enjamin. 'i'he neX otructure would uce er.isting sc�rer from Gazdenq. ifir. Ii4rris ctqL-ed t2�ey would then have to cut ofA' the 1ine. Nfr. Baardman ct4ted that was correet� L-he cewer would h�ve to come oPf Denjc3.�nin for the exia•cing structure� �nd nlso the �:ater vou]_d hAVe to come off E�n�amin fox the exiating structure. __ t�,r. Ifarris noted they could nr;lce both taps ai the cAme ti�e. Iie asked t,�htit the size of the nerr lot would be. Mr. Boardr.�n stated the neH lot would Ue 80.04 x Z33•25• NJr. Asrris ay):ed if the petitioner uould like to m�ke oz{y com�nents. Mr. Allan Fehn stated he hnd no covrments at this time. tfr. Boar.dm�n stated thai; the lots to tbe ea�t xere very deep loi;s� approxinate]y 225 feet deep. , i+1r. Aarris nsked if. there wac just one s�ructurc on lot 2�. b�. Boordr.�n stated that was correct� thst it lcolted like lot 23 h�d Ueen split� And tLe nortuerly pr�rt had the house on it, t�ir. Fehn stated thai: Actual]y the south end had been split. N,r, Oquist noi;ed ibat his house would then be ft�eing Benjamin and would have a Benjaain Addresc. Ms. Schnabel asked iS tl�e petitioner had tall:ed to the people tb the east at 1623 Gardeva� er if i:he City had lieard nz�ything from tho�e people. Mr. Fehtt stute3 he had talked to no-one ubout this. ' b�'. Ba;��Ylman stated i;hut the City doe3 not send out notificAtions on lot spZit�� so those pcople probably dcii�t eren IcnoW ubout it. N`s. 13oardm.an stAted that there trcte a co�nent in the file Trem Dick i;hat i:hey would need variance Appr.oval since 4 lot split does not requixe a public hearing. • • , _ . Mr. Hairri� ��id he thouFl�t thep tteeded a vasrAunce because they would bc changing the frontage of tlic house. Mr. Bonrdmsn stated they had done this before �aith lot spli•Ln� and if they approve the loi: splii;� they �aould be npproving tbe v�rAnnce. � Mr. Finrria stnted th4t vnriances need noi;ificntion. PI./U1tiZWC COh;t4ISSI0N 1•'��TItIC AI'RIL jc 1979 - p�G� 3 1. }� Ma. Schnnbel otaL-ed tt�at What they Hcre doin� HAO (�randfni:2�crin6 in an exiatin� dwelling in u non-conforming cetbcsck. Mr. Iicrria ctated tbey would be chan�ing thc front yard setbacic froan thc required 35 xeet to 24.19 fcet. Me. Schnabel acked if there vras n garagc on thia property. 1+ir. Fehn stated it Was a tuck-under house. The entrance to the garAge Waa off Gardena. � I3s. Schttabel asked hosr he tou].d enter it ufter the lot split. . Mr. FeYun stated he could either enter off Benjamin and make a u-turn into iii�e exicting garnge� or he could build a garA6e in the back of thc lot. Mr. I3oarciman aslced Mr. Fehn iP he lived in the houce presently und if he did� was he planning on stayin3 there. •N�. Fehn stated he did live in the house rznd planne3 on etsying there. . Mr. Boardrean asked if he plsnned on building on the other lot. i✓�r: rehn strzi:ed hc did. - ' Ms. Schnabel asked if he uas pl�nning on �earing do4m the existing house a� an;�r point and Uuilding a new house there. t�ir. Felvn stAted he did'not plan on tearing doFm the existing house� that lt HAS not very old. Mr. Boardr�an asked if i;he garage kas on the eaot or west side oi the house. Mr. Fehn stated the garage has on tbe West side o£ the house. He stated thst he planned to l�uild a gzxnge on the bacl;eide of the exi�ting houce ond enter oif Benjamin. Iie would then close ofP the lower gara�e completely. 24r. Storla asked if they hsd settled the question df SahetUer or not a vuriance uae needed. • Mr. HArris ctated he guestioned that himsel£ and utAted they could reconnu�nd npprovul of the lot eplit. Mr. Aazrdffsn �tated that a quection on platting ha3 cor�e up beiore the attorney and if i:hey could make some decision on platting, that would require a public hearing. In eifect� they uovld then be informing tl�e peoplc oP the variance. Zfr�. Hnrrie ctated hc Would like to l�uve the at�Lorney's opinion on this, becAUSe if Council upproved the lot split, it would rautomatic�lly approve tkie variance. pI�ANHII7G COt��fI^SIOti 1•LrITIi�GL APRSL �t, �.979 rnr.r k 1 C bir. IfArr.io ctnted ihut 1.f i;he Commicsion �iahr_d� they could cct on the lot aplit • with the ct].pulntion i;hnt thcy p,et n reco�rnendution f.'rom 1,he le�;nl o1:�fS on whethcr they nced a public hcr�ri.ng in tl�ia puri:icular casc. Ti: �.ould then be up to Council to either hold a public heuring As Pr�r an tve vnriance goea� or send it bacic Lo thc i3oard of Aupeals. 19r. I.an�enfeld atated they ahould get A legal opinion no nwtter v�hich way they �;o. 1+Jr. Oquist stuted that a vari4nce goea before the ]3oazd of Appealc� co they coiil_d recoir.mend approvul of the lot eplit nnd fir.d ouL- whetlier or not 4 vuriance vrou7.d be requfxed� and if it ic, it woul.d go back ayyway:��to the Aoard of Appeals. Nnc. Boardmsn stated the varinnce would not need Council action becau�e i�C is a. residential ares. b]r. Harrie ot�ted that if Council wanted to act on ii; they could� or if there i�aa a dispute on the variance request from the Co�aissioners� the StafP or the neighbors� it Would �o to Council. Mr, Boardrnsn stated that the most efficieni rtqy of har.dling it would be to act on the lot spiit� sen3ing ii: to Cour.cil with Gn action uud iY E vari�nce tras needed, i:hey would talk to an aEtoruey nnd Lhen start processing it throu�h the Appeals Covunis6lon. ThttL wrtiy tlie Council could act cn it condi�ioaed unan Appeals Co�icsion� or they cout6 hold it and act upon it themselves. t•50TIOIJ by t's. Cquist, seconded by Y•s.SvlLrbicx� ta reeo�.�ud to Council �pproval vi' ot u? it Re�iiect, L.S. 7�79-01� by Allen Fel�n: �1ii, ofY the Sosi:herl}y 222 feet oP Lot 23� Audztor's Subdivision IZo. g0, c-xcepi, the idest 30 feet cf Lot 23,, and except the South �0 Feet of said Lot 23� into two Uuildinr sites� as fol].oz.s: P4r��i n. The South 110 feet of Lot 23� A.S. �92, except the South 110 feet crii;h the excel�tions� ttnd Parcel B. The South 222 feet oi J�et 23� A.S. m92j excent the Scuth 110 £eet end except the west 30 PeeL q� said Lot 23� lecnted �zt the intersection of Gardena kvemtc and Benjan;in Street h'.L.(-contir.�ent u�on khether nr nn;, a vnrinnr� �t� nPnAnd {..� � ^.'.Z.. �`.F..."`I"" [^i... ��ill!�4e.((ti, UFO."i A VOIC� VOTE� ALL VOTInG AY�, CFIAI£u�;AN HIS',RIS D�CLAR�D TBE F;OTION CARRTED UNAPZIt:O1FLY. 3. ATSCUSSI0:1 OH THE DRl�rT COPY OF TFIE C^v?�REHFNSIV� DEV�iOP,?'tFP PLAN; Mr. Dosrdmsn stated thut a specinl meeting hNd been scheduled next Heek for the Plcnning Co:nmission to discusu this and slco the other Co;mnisaions would be discussing it. He ctAted that tl�ey were Looking at policy d.ircction rather thnn t]ie Wording of the docwr.ent. She diccuscrion ahould be nUout ul�ether or not they ere �oing in the right diree�ion. He wou].d li:ce to avoid nit-pickins ou tbe � wording, etc. bfr. Oquict etated thcy should hnve the time to read the docvaent Uefore discussing it. . � �'' � . , 1 D .�� ,..�.., s�.. ,. �.: ^ "' ^,�9. 9c%� �C.G. %�!3_P..PLJ_ _ _ _ _ . � s..rf_'. . . � ./ . � ,.' '... .-�. n, i�o i:f.s� -- .._------ .... .... ,..._ •._,.e, .. ,�e ^� "i .l"f. . ." ' • • �� Jl �lV�_. �\� �ir1O..In : f�liT.�._. . �> : . . y. . _,� . 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'� u/. .....�....�..,,.�, <', .. . �.�.�.../ •': � '•� ..�..... �...�. �..I.. •.... � ...._.. ..�� lEl 0 � .� � ` APPEALS CObALiSSION ME�TING� APRIL 21+, 1979 - PAGE 12 1 6• RERUES"1' FOR A VARIA.IC� PURSUA:JT TO CIIliPTf.'R 25 OP' Tf� F'f2IDLEY C2TY COD� .� � h;OTION by Ids. Gabel, seconded by t+`s. Earna� to open the public hearing. UPO:V A VOICE VOTE� ALL VO`PING AYE� CHAIRWpMpN SCI�70.l3EL DECLARED THE PUBLIC HEARING AT 9: 20 P. t4. Ms. Schnabel asked Mr. Fehn to come forward and read the Administrative Staff Report as follows: AU.�iIt;ISTRATIVE S7AFF REPORI" 1601 Gardena Avenue N.E. N. PU[3LIC PU!2P�Sc SEitYcl QY RE( UIRENLPiT: ------ -------�----- Section 205.053, 4, A, requ�ir;ric a front yard setback of 35 feet. Pubiic purpose served is to allotv for off-srreet parking w;thout encreaching on the public right of ti-;a;�. Nlso for aes�lietic consideration to recEuce the "building line of siy!it" encroaci�;nent into the neiglibor's front �<ard. f3. STATEC I'..?kDSNTP: P�one stated, hoti•rever, the house already exists and the approval of the variance request t�rould legalize the location �f the existiny house. C. ADMIh1ISTRFlTII�[ STI�FF REVIEVI: This house is located on a lot la�°ye enough for two homes, however,.tirhen the front lo� is appro��cd for a buildi;ig siie, it chunges thr front yar� cn the existirg house f;cm Gard�na te L�en;am:n. 7hei°efore, the required seth�:ck ;�equire�r�nt fre:n 6e��;;arii:i cha�gc� frei:� 17.5 feet to 35 feet. If th� Commi;sic,7 app;•�zves Eh:s reG��ect, •,•:e t��eul� recommend tivo stipulai:icrs: i. Chan9e thc e:ddr�s:: cn t:hc� rr>;isti;;g house Pro�r, 1i:01 Gai•dera to 5921 Be,�, ar� i n S;.rc�: t P2. F. 2. Chang� �tiie existing se�,�::� �;nd i,�a��r service to tne existing house fror�i Ge:rderia to 6e�ijaalin. APP�ALS COi�A1ISSI0N t�TIIvG APRII, 24 1979 - PACE 13 1 G h1s. 5chnabel that this particular lot received an approval for a lot split from the Plannin� Commission. At the.time of the approval it was noted that the existing sewer and water should be changed from Gardena Street to Benjarain Sireet to service the existing house. Also, the part that was split off which is called Parcel A which is the Parcel which boarders Benjamin and Gardena, would receive it's water and sewer from Gardena Street� and Parcel B, the existing house� wottj.d receive it's sewer and water from Benjamin Street. Mr. Plemel noted that was quite expensive to do, but the way it is right now the new house would sit on the sewer line. , Mr. Fehn stated that he was not aware that the Planning Commission had reco�ended s new sewer hook-up. He stated that he knew where the sewer line was on the lot and if a new house was built� it would not be ar�ywbere near..the sewer line. Ais. Schnabel stated there was a sewer c].ean-out in the center of the lot. tdr. Plemel asked how he would build a residence there and escape the sewer and �rater lines. Mr. Barna stated the lines would have to be abandoned at some point in order to build. Ms. Schnabel stated that the Planning Co�ission did not ipclude that in it's motion but it was talked about. Et was nentioned in the minutes tt�at when the taps are done for Parcel A, they could also be done £or the existing house. She read from the Planning Commission minutes to explain what Planning had discussed. HLs. Gabel asked how he would swing the driveway to meet:the two garages? Mr. Fehn drew $ picture of what he intends to.do: He expla'ined that his problem was that he couZdn't use the loWer half of his house. On one side was a supportin� wall and on the other side was the fireplace structure which goes from the basement all the way through the house. On another side was a boiler room. To get down to the area they have to go through the garage, through the laundry room to enter the recreation area. There is also an outside door. There are no stairs from the itt- side of the house to get down there. Also, during heavy rains and durin; the melt there is a water problem throughout the lower levei. So he caxm't use it all winter. - What he plans to do is build a double garage and make the house into a split entry because the back of the basement is slready half into the ground. He would fill in the front area to bring it Uack to it's original level. The garage would be on the north side of the house. He noted that the front oP the property was deteriorating and didn't want to spend money fixing it without making the rest of the changes. P�ls• Schnabel asked who would do the work. Mr. Fehn stated he would hire a contractor. Ms. Gabel stated that after he filled it up, it would create a drainage problem on Parcel A. Mr. Fehn stated there was a natural drainage that runs through the property. APPE'ALS COMMISSIOId t.1EETING� APRII, 2l+, 1979 - PflGE 14 1 Ms. Gabel stated that the front yard was very big and Ueautiful and couldn't understand why he didn't want to retain it. Mr. Fehn stated that to him it was not beautiful, it has 300�feet of drivewa}r that has to be shoi�eled. She understoal that but wondered why he wanted another house in his front yard. Mr. Fehn stated that he didn't use the front yard that much aqyrray and it attracts a lot of kids which is a problem. Also, it's a-lot of up keep: Ms, schnabel asked if the structure on the east side of the lot belonged to Mr. Fehn. Nr. Fehn stated that he had a metal storage shed back there, but the gara�5e there belonged to his neighbor. Ms. Schnabel asked what he would do �aith that area. Mr. Fehn stated it was gravel now and he was planning to put about 6 inches oP black dirt there. 'That area is a natural drainage area between his lot and the lot to the east of him. The lot to the east belongs to P�r. Costello. That will remain a drainage area but he would put soil on it so he can seed it or sai it. The driveway would then be non-existent. Ms. Gabel stated that she questioned the hardship stated in the Adninistrative Staff Report. Currently this is all legal and only becames illegal wittz the lot split. She wasn�t sure what the hardship and if there is one it would be self- imposed. Mr. Plemel asked i£ Cauncil had approved the lot split. Mr. Barna stated that.Council had tabled it. • Mr. Plemel stated that the structure was there and if the lot split is approved� the variance may as well be granted to make it compliant. bis. Gabel asked what the hardship would be then. N�s. Schnabel stated that the hardship Would be that in order to rnsintain the existing 35 foot setback, he would have to tear down part of the existing house if the lot split is approved. Mr. Barna noted that he could achieve the changes to his house that he �rants to without splitting the lot, The lot split is not a necessity wnich would mean that the variance would not be a necessity. Iie can �ake the changes to the house without a variance. Ms. Schnabel stated that one of the reasons for the 35 f'oot setback is to provide for off street parking. She stated thc�t if his drawing was correct, he �rould be putting his �arage Uack further than 35 feet. Mr. Fehn stated it would be closer to 45 or 50 feet. � APPPALS COMh1ISSI0N 1dE[;TI�IG� AF'RTL 2�F� 197�n PAGE 15 �. 1 Mr. Plemel asked iP he Nas going to put a detached garage there? ' t"r. Fehn stated that was correct. btr. Plemel stated they chould roake that a stipulation to forestall the problem with the parking. • bis. Schnabel stated that her point was that in terms of their requirement to keep the parking off the street cauld be accomplished with that setback. The other concern would be the building line of site and the house to the north which is be- hind the existin� house� has a�+0 foot setback. So there would be a difference there. Mr. Plemel stated that the house was already there. Ms. Gabel stated that to get ri�ht down to it� granting the lot split causes the variance. If the lot split is granted, they almost have to grant the variance. In looking down the road, they would also need variances for the house that wauld be built on Parcel A. Nfr. Barna stated that was one of the things tl�at was mentioned at the Council meeting. Granting the 1ot split creates the variance. On a lot split� the burden of prooY falls on the City and on a variance� the burden of proof falls on the " petitioner. That's why they put the variance before the lot split. They also wanted additional public input from the neighUors. Tfiey had wondered how many neighbors had been notified. � Ms. Schnabel stated that question had come up at the Planning Commission �eeting. They had asked if the petitioner had talked to his neighbors and he stated that he hadsi't. When they asked if there had been any response fran the neighbors, they were told that because it was a lot split, there was no need to notify the neighbors. That's the way the ordinance reads. Ms. Schnabel stated that they felt that was wrong and the neighbors should have an opportunity to com�ent. So this public hearing tonight would be helping that situation. , Mr. Plemel stated that he thought the lot split had been accomplished and if it wasn�t� they didn�t need a variance. t�^. Barna stated they had tabled it so Appeals could hold a public hearing for the . variance. • Mr. William Costello, 1623 Gardena Avenue, came forward and stated that he had no objection to the variance or the lot split. His house is directly east of Mr. Fehn's house. t+fs. Schnabel asked D1r. Costello and the neighbor who owned the house located west of Mr. Fehn's house across Benjamin Street, to come forward and explained to them what htr. Fehn wanted to do. She explained that D1r. Fehn would like to split his lot in half. The proUlem is thot the City requires a 35 foot front yard setback. Pecause of the way he is splittin� the lot� he would have to call the side that fACes Denjamin Street his front ytird. The narrow part of the lot is olways the front of the lot. Instead of being 35.feet back from Benjamin the house is 24.10 feet back. If a new house was put on Parcel A, Benjamin Street would also boarder the front of that lot. So the new structure vould also have to meet the 35 foot APPEALS CO2�IISSION t�GTINGt APRIL 21t� 1979 - PAGE 16 ], � I setback from Benjamin Street. There would also have to be a 17 foot setback from Gardena. This is not to say that the front door would have to be on IIenjamin Street. It could be on Gardena. I3ut for the purposes of the City, the narrow part of the lot is considered the front of the lot. So they would be 35 feet back fron Benjamin and a minimum of 17 feet back from Gardena. No matter what kind of house they put there, it would be considerably in front'of Ns. Costello's house. Mr. Costello was concerned about the placement of the garage for the new structure and asked if they could put in a stipulation regarding that. Mr. Barna stated that they couldn't do that because they were not asking to build on that lot. Ms: Schnabel stated that legally, she did_not thinls they could do that. Ms. Gabel stated that some of the houses around there are 80 or 90 feet back from Gardena and iP she remembered correctly from the last variance� some of the houses around there are jogged. So it could wind up being more than 18 feet because they would take the average. t�'.s. Schnabel stated that this was a corner lot and she wasn't sure they would go across the street for that. Ms. Gabel stated they would still take the averaoe. ' b1s. Schnabel read from the ordinance regarding averaging setbacks. "In a bl�,^k where the average of the front yard depths of existing buildings within a distance of 100 feet on both sides of a building to be erected is more than the minimum setback required, then the setbacks of the said building could be 6 feet more .or less than thi� mean depth but in no case sha11 be less than the required setback for the distance". So if they went 100 feet on each side, they would have to go across the street and 100 feet docm each way. But it could be 6 feet of the mean uepth of these two. hir. Barna stated that would mean they couldn't build on that lot. They could only have about a 5 foot deep house. Ms. Gabel stated that then �ahoever wanted to build on it would need a variance. , Mr. Earna stated that would put a handle on it. The nei�hbor who lived to the west across the street asked if they had arry stipuZations for corner lots regarding which way the house has to face. tds. Schnabel stated that they did not. The only thing the City does is for the �urposes of declaring setbacks� they declare the narrowest part of the lot to be the front of the lot. Mr. Plemel stated that if it faced Gardena and kept the 35 foot setback, they would need a variance for the rear yard. Ms. Gabel stated thut there Has no way they could build on that lot without a variance. APPEALS CO��CdISSION 1�TING, APRII, 24� 1979 - PAGE 17 1 K Ms. Schnabel asked the neighbors preseht if they had ar�y o9jection to the setback NIr. Fehn was requestin�. - Mr. Plemel stated they should keep in mind that the building is already there. I�'. Barna stated that all they were really doing was changing the terminology. The neighbors stated they would have no objection to this variance, but would object to the proposed house on Parcel A. M�. 3chnabel stated that ii they want to object to that they should attend the Council meeting. The Board of Appeals has no control over the lot split, so ihat if they want to object� they should go to the Gouncil meeting. She suggested they call the City Hall and find out when it Will appear on the Council's agenda. The neighbors reiterated that they had no objection to the variance. MOTION by Ms. Gabel� seconded by Mr. Plemel� to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIFiTdOMAN SCFL'iAB�L D�CLAE2ED THE PUBLIC HEARING CLOSED AT 10:10 P,M. Ms.. Schnabel stated that she thought it could be on the Council's agenda for the meeting of b7ay 7. Ms. Schnabel stated that they should highlight in the minutes that the Staff had reco�nended two stipulation oae oP which regards the sewer clean-out. Council should look at the sewer clean-out problem and what would happen to it if the lot split is approved and also how the owner of Parcel B would have access to that sewer clean-out. D4r. Plemel stated that if hlr. Fehn sold Parcel.A� he would have to retain an ease- ment if he intends to keep the water and se�aer there. He felt it would be to Mr. Fehn�s advantage to chan�e the water and sewer lines to Eenjamin. Ae noted that if renairs were needed, it would be quite expensive to make the repairs on someone else's property. Mr. Fehn agreed. Idr. bioravetz stated that it would not be a very attractive lot to sell iP the lines were retained there. Mr. Moravetz also stated that in addition to the cost of constructing a new line o£f of Benjamin, there could be some additional assessments. fie informed Mr. Fehn that he could call someone in the S�ecial Assessmer�ts Department for more information on that. tds. Cabel asked iY she understood correctly that the neighbors were not concerned aboctt this variance request but were concerned aUout the lot split? Nc. Schnabel stated that was correct. APP�ALS COP�SdISSION A4E,'�TIPIG� ppRIL 2A, 1979 - PAGE 18 1 L I idOTION by Mr. Plemel, seconded by Nr. Barna� that if the lot split is approved they recorr�nend approval of the request for variance pursuant to Chapter 205 oY the Fridley City C ale� to reduce the front yard setback from the required 35 £eet to 24.10 feet because a request for a lot split has rcade tlie side yard into the Pront yart; which will be addressed on Benjamin Street N.E.� presently addressed as 1601 Gardena Ave. N.E.� Fridley� Mn.� with the Yo1laWing stipulations: 1. Change the address on the existing house £rom 1601 Gardena to 5921 Benjamin Street T1,E. and 2. Change the existing serrer and water service to the existing house from Gardena to Ilenjamin. UPON A VOICE VOT'E� qLL, VOTING AY�� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARR� UNAt�TN'AUSLY. 1�Is. Schnabel stated this would go to Council on May 7. tdr. Moravetz suggested that N�. Fehn call and make sure that it is on the agenda for May 7. Ms. Schnabel declared a recess at 10:20 P,M. and reconvened the meeting at 10:35 P•Tq• Ns. Schnabel stated that during the recess a question had come up as to what Council's action was on the lot split request made by P4r. Fehn. Mr. Barna steted that he was at the meeting and the lot split request was tabled until the first meeting in May, 7. ELECTION Or^ CHAIRPERSON AND VICE CHAIRPERSO�V TO SERVE FROM 5�1�79 to 5�1�80: N.�'ION by b1r. Plemel� seconded by b1r. Barna� t1�at Ms. Schnabel continue as Chair- person and Ms. Gabel continue as Vice Chairperson for the perial o� 5/i/79 to 5/1/80. UPOiV A VOICE VOTE, qLL VOTING AYE� CHAIRWOMAN SCHIJAEEL DECLARED THE MOTION CP.RRIED UIdANit�USLY. Ms. Schnabel and Ms. Gabel thanked the Co�issioners for their confidence. 8. oT�t BUSIrr�SS: A:s. SclmaUel stated tbat on Saturday the hietro Council.has a pro„ran open to the public. The prooran costs �2.00 per person. The topic is the condition of the older part of the re�ion and what do the vital signs show. It starts at 9:30 and �oes until 4:30 at the I.�ndmark Center in St. Paul. Ms. Schnabel stated that she felt it would be very pertineut to Fridley. • Mr. Plemel stated that the City should pay the expenses for it. F�cpenses should fnclude parking, mileage and lunch. t:r. Soardman stated they should keep their receipts for all their costs and the City would reimburse them. m April 27, 1979 CENTER CITY PROJECT SCHEDULE Mail notice for HRA public hearing on May 14, and City Council public hearing on May 15. May 1, 1979 Initial meeting of the Housing & Redevelopnent Authority to accomplish the fo11o4�ing actions: 1. Appoint Chairperson & Vice Chairperson 2. Review Redevelopment Plan 3. Approve Redevelopment Plan to submit to the Planning Commission May 2 to May 8, 1979 May 2, 1979 Develop necessary resolutions and letters of invitat9nn to the County 6oard and School District #14 Board. Meet with John Hanson, School District #14 May 2, 1979 Meet with Ralph McGinley, Anoka County Administration. Send out letters inviting County Board and School District #14 6oard to Public Hearings of Housing and Redevelopment Authority and City Council. May 7, 1979 City Council affirming appointments to HRA May 8, 1979 May 9, 1979 May 14, 1979 May 15, 1979 May 16, 1979 May 17, 1979 Sending HRA appointment information fo State Planning Agency. Pianning Commission Review of the Redevelopment Plan from the HRA 1. Resolution finding plan meets MSA,•Chapter 462 requirements. Housing & Redevelopr�ent Authority Public Hearing meeting on Redevelopment Plan City Council Pub7ic Hearing on Redevelopment Plan 1. Resolution approving plan. Meet with County Auditor to certify the assessed values. Send approved Redevelopment Plan to State Planning Agency 2 70: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUP�SELL DATE': MAY 7, 1979 RE: Reso7ution giving final approval to $2,500,000 Commercial Development Revenue Bonds of 1979: Perlman Rocque Company Included in the Agenda for your information are copies of the follovring: 1. Letter from Briggs and Morgan, attorneys for Perlman-Rocque, to Nasim Qureshi dated ppril 27, 1979. 2. Letter from Briggs and Plorgan to Nasim Qureshi dated April 24, 1979. 3. Note Resolution drafi: Proposed Note is set out in pp. 6-15 Election Statement is set out in Exhibit A The balance of pertinent materials are listed below and copies wiTl be provided to you in a separate package: 1. Loan Agreement 2. Construction Loan Agreement 3. Financing Statement � 4. Mortgage and Security Agreement � 5. City Certificate MCB:c 3 u.w.u>�uost�oor•wvai N.mron n k.Nr�c :�. �:41�p41( N.4vnn.e CXLLY . .. . . IrxG1. �)1\'1� •' ^ .....•.. II�MMOxn o J. Nsre� Vi LSm�rvaK , 10 r: ��LI f.L .SM�NSDM tatN,Jx. ..Fnnvnr.po .ltr.Ka�cr V. SCTNOUP�JM• �G.51FIebu c N. Dmie n ILRrta .x 11. Mo�o�� . LAW ODDICL9 r�ztxccs nrrz� rtox��err PTtOTY.B610HAL �tltlOClATiON . �� E200 YIIiST NATIONAL 1fANH DVILDINO SAINS PAUL�MINNCSOTA 661Ot r aaae [ n s caxr�a MINNEAYOLIS.MINNE507A 66402 (eiej ew-�z�a April 27, 1979 3A Aitn W.SVUn nouw.. L.s�ur . .. �11(M1EL II.JEYOMINbf n.Sflllf i��Yl[A , J�M[� W.I.ITTLCIIRI.O ' i:YVC! G.F4kY41.N � Joxe n.v.�c.c ho.rs,Je, � N¢x.xn U. itotre. Hlw�an 4. M•xe � GFPlLO L.S�'!)IIpY� MI�P[N C.I1fCY[� �i.T.i'�Iltll�f[l J16011i %.fi�l] U.nu L. H�rcns�u Uoxea L.6usze��sr Srsve A.Nv�no Hanc W.k'vtv� Jsn�er V.Sn�. Davm 0.Gevis�xo D�r�n k. L>o Natrt L.Ift�� Cuu�w ft. Nmov � Axecu M.00nu Haanx H.Ync Joex Ba�..er. � F[ICMpD N.lLtfp IL[T L.ItPLL Lwv�a J.N.u• Roarn L. N�xscr Fbx�cu L.Anv.�a N�voaset K.Savm� . LuusN.FVOSr " Bnut G. Sauste ' BEYLY TO • St. Paul Mr. Nasim M. Qureshi � _ City Manaqer ' � Civic Center 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: City of Fridley -$2,5.00,000 Commercial : DeveZopment Revenue Bonds of 1979 (The Perlman-Rocque Company (North) Projectj Dear Mr. Quresh�i: •--.�� I am enclosing herewith a revision to paaes 19 and 20 of the Note Resolution in the above matter and a form of Exhibit A to ihe Note Resolution. It is customary in all issues which exce.ed $1,000,000 to have the city council elect either by separate resolu- tion or as a part of the Note Resolution the small issue exemption under the Internal Revenue Code. The above- referenced change to the.Note Resolution and the exhibit accomplish that objective. � I am also enclosing herewith Exhibit A to the Loan Agreement, the Mortgage and the Construction Loan Agreement. Exhibit A for all three documents is precisely the same and is simply the 1�9a1 description of ihe real estate upon �ahich the project is to be situated. I am also enclosing comaleted Exhibit L� for the Mortgage and Securit�� 1lgreemeni: and the Loan 1�greement ' containing a f.ull descrip�ion of the personal property e � : n►ciaos ANU xoieonx ', "_lir: Nasim M. Qureshi • �.April 27, 1979 Paye Two which is expected to constitute a part of the project, and also a revised Exhibit � to the Construction Loan Agreement, which simply contains the word "None," indicating that there are no actions or proceedings pending against the Borrower relating to the project. Exhibit B to both the Loan Agree- ment and Mortgage and Security Agreement are identical. By copy of this letter, 2 am transmittinq copies of the foregoing documents also to P�Ir. Virgil:Herri�k. I am also transmitting to him the proposed form of his opinion as city attorney and copies of the financing statement and form of the City Certificate, which are also enclosed herewith. 2 anticipate that unless there are some changes to be made in the foregoing items, that we should like to have them executed at the time of the adoption of the Note Resolutio.n on May 7, or if not then, as soon thereafter as possible, because of the necessity for filing some of the documents prior to the closing, which is ten�atively scheduled for D4ay 15. � On the night of your meeting, I expect to be present with 'representatives of the Company with copies .. for execution'of all of the city documents, which consist . of the following: . . A) Note Resolution; B) Election $tatement under the Internal . Revenue Code (Exhibit A to the Note Resolution); • C) D) E) F) � G) Loan Agreement; Construction Loan Flqreement; Original of the Financing Statement; Original of the Note; City Certificate. ��. u�:tuas ANA ?lOROAN Mr. Nasim fd. Qureshi '" ° �- ' . _. 1�pri1 27, 1979 . '. . � Page Three � • Except for the Note and the financing statement where originals only will be executed, all other documents need to be executed in ten copies. Please do not hesitate to gef. in touch with me should you have any questions. � . Very truly yours, . . .� �i�� G ' Bernard � P. Friel BPF:paa Enclosures cc: Robert Ehlers cc w/encs.: Virgil Herrick • . Fredric Kreiter Douglas Polacek Richard Shepley 3C S . • . ,. . i.ww or�ic�s . I•„••�•,-N,�„��„�n�+.,a,n� " I3 lt I G G S A N a M O� G A N ,N��[ Nuurow 1.r:��oo IL N�u pROPLg9[ONAL ANMOCiATION M V �l. H. M/1Y11�M � IIIYMOMO•• •• . • ••••. II�i.Y4T[h '" -. ..... G.Y'oX�p[110 1. HcV�[w L V..YR}M04M�JY• o C.Siv�xuex t K. �ot u m N.Kru ��x )t. Mouo�N 2200 NJTI57 NATIONAL IIAtl1[ }SUILDTNO BAIHi PAUI.� MINNft507A 60101 N P468 I b 5 CEHTI!R MINNEAPOLIS�NINNESOTA 66608 (07E) COI-1£16 April 24, 1979 ' REPLY TO St. Paul 2dr. Nasim M. Qureshi City Manager 6431 University Avenue N.E. . ' Fridley, Minnesota 55432 .' • Re: City of Fridley -$2,500,000 Commercial Development Revenue Bonds of 1979 (The Perlman-ROCque Company (North) Project) Dear Mr. Qureshi: I am enclosing herewith the following documents with respect �to the above tax exempt mortgage financing: 1. Proposed form of Loan Agreementj 2. Proposed form of Construction Loan Agreement; 3. Proposed form of Mortgage; 4. Proposed form of Note Resolution. . The foregoing are all of the basic documents in this transaction, except, of course, for the separate Note itself, a copy of which is contained in the Note Resolution. We are asking that the City of Fridley adopt the Note Resolution at its meetinq on Monday, May 7th. The Note Resolution approves the form of the other documents which the city is to execute and authorizes execution of related documents by the mayor and city manager. e V.SU�u� �� L:tim• n ILJexn��NU� f.. Pecuw W. Wesn� sr P. SN�v 3D ::, � • nitroos ANA xoreanx :.;- Mz.: Nasim M. Qureshi April 24, 1979 Page Two � I anticipate that I will transmit to your attorney, Mr. fIerrick, for his approval early next week, proposed forms of those closing documents.which will require signature by city officials. • , • As you can see, I have also transmitted copies of £he enclosed documents to Mr, Herrick and to your fiscal consultant, Mr. Ehlers. Should any of you have questions or comments regarding the content of the documents, please do not hesi- tate to get in touch with me at your convenience. Tf you wish to have me provide you with additional copies of the documents for the city council, please let me know, and S will see that they are transmitted at once. BPF:paa Enclosures co w/encs.: Very truly yours, c%�� . Bernard P. Friel Robert Ehlers Virgil Herrick Fredric Kreiter Douglas Polacek Richard Sliepley P.S. Exhibits A and B have not been finalized•yet, but they will be before the end of this week and will be forwarded. 3F (This table of contents is not a part of this ResolutionR but is included for convenience only) TABLE OF CONTENTS ARTICLE ONE - DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS .. ........................ Section 1-1. Definitions.. . ......... ..... Section 1-2. Legal Authorization .............. Section 1-3. Findings.. ... ... . . .... Section 1-4. Authorization and Ratification of Project ....................... ARTICLE �5V0 - NOTE .... ............ ............... Section 2-1. Authorized Amount�and Form of Note... .. ............. .... Section 2-2. The Initial Note .............. Section 2-3. Execution... .,,,,,,,,, Section 2-4. Delivery of Initial�Note...... • ... Section 2-5. issuance of New Notes............ Section 2-6. Reqistration of Transfer......... Section 2-7. Mutilated Lost or Destro ed Page 1 1 _ 3 3 4 5 5 13 13 13� 14 I4 � Y � Note.. . .. ................. 14 Section 2-8. Ownership of•Note... .. ....... 15 Section 2-9. Li.mitation on Note Transfers.,.... 15 ARTICLE TAREE - REDEMPTION OF NOTE BEFORE MATURITY... 16 Section 3-1. Redemption .. ................... 16 Section 3-2. Termination of Interest.........: 16 ARTICLE FOUR - GENERAL COVENANTS ..................:.. Section 4-1. Payment of Principal and Interest.... . ........ Section 4-2. Performance of•and�Authority �- of Covenants... .. ............ Section 4-3. Enforcement and�Performance of Covenants.. ............... Section 4-4. Nature of Security ............... 17 17 17 17 18 3u bpf 4/2/79;4/17/79 3 NOTE RESOLUTION BE IT RESOLVED by the City Council of the.City of Fridley, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1-1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the foliowing meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. • �(1) �1ct: the Minnesota Municipal industrial Develop- ment Act, Minnesota Statutes, Chapter 474, as amended; (2) Architect: Rauenhorst Corporation; � (3) Assiqnment of the Aqreement: the agreement to be executed by the City and the Lender assigning the Loan Agreement to the Lender; � (4) Bond Counsel: the firm of Briggs and• Morgan, Professional Association, of St. Paul, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; (5) Borrower: The Perlman Rocque Company (North), a Minnesota corporation, its successors and assigns, and any surviving, resslting or transferee entity which may assume its obligations under the Loan Aqreement; (6). Citv: the City of Fridley, Minnesota, its successors and assigns; (7) Construction Loan�Aqreement: the agreement to be executed by the City, the Borrower, Title, and the Lender, relating to the construction and installation of the Improve- ments and acquisition of the Land; (8) Improvements: the structures and other improve- ments, including any tangible personal property, to be e 3 iC bpf 4/2/79; 4/23/79 constructed or installed by the Borrower on the Land in accordance with the Plans and Specifications; (9) Land: the real estate and any easements and rights described in Exhibit A to the Loan Agreement; (10) Lender: The First National Bank of Saint Paul, in St. Pau1, Minnesota, its successors and assigns; (11) Loan Agreement: the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; (12y Mortgage: the Mortgage and Security Agreement to be executed by the Borrower as mortgagor, mortgaging the Project to the Lender to secure payment of the Note and interest thereon; (13) Note: the Commercial Development Revenue Note of 1979,(The Perlman Rocque Company (North) Project), to be issued by the City pursuant to this Resolution and the Loan Agreement; (14) Note Closinq: the date upon which the Note is delivered by City to the Bank and Bank advances the proceeds of the Note to Title; (15) Note Register: the record kept by tYie City Manager to provide for the•registration of transfer of ownership of the Note; (16) Plans and S ecifications: the ezisting plans and specifications or t e construction and installation of Improvements on the Land, which have been approved by the Lender, together with such modifications thereof and additions thereto as are reasonably determined by the Borrower,to be necessary or desirable for the completion of the Impr.ovements and are approved by the Lender; (17) Principal Balance: so much of the principal sum on the Note as from time to time may have been advanced to or for the benefit of the City and remains unpaid; (18) Pr^ oject: the Land and Improvements as they may at any time exist; 2 bpf 4/2/79; 4/23/99 3L (18) Resolution: this Resolution oE the City adopted May .7, 1979, together with any supplement or amendment thereto; and all references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Arti- cles, Sections and subdivisions of this instrument as origi- nally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision; (20) Title: Title Insurance Company of Minnesota, its successors and assigns. 1-2. Legal Authorization. The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1-3. Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed 'in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and execution of the , Loan Agreement, Assignment of Loan Agreement and Consent, Note and Construction Loan Agreement, which documents specify the terms and conditions of the acquisition, installation, con- ' struction and financing of the Project; (3) In authorizing the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the public welfare by; the attraction, encouragement and development of economically sound commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the halting of the movement of talented, educated personnel of all ages to other.areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; the 3 _ . 3M bpf 4/2/79;4/17/79 . _- ..,... � . provision of accessible employment opportunities for residents in the area; and the expansion of an adequate tax base to finance the increase in the amount and cost of governmental services, including educational services for the school district serving the canmunity in which the Project is situated; : (4) the amount estimated to be necessary to finance the Project Costs, including the costs and estimated costs peztnitted by Section 474.05 of the Act, will require the issuance of the Note in the principal amount of $2,500,000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note for the purpose of.financing the Project; •(6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City are pledged for the payment of the Note or interest thereon; and {7) the Note is an industrial development bond within the meaning of Section 103(6) of the Internal Revenue Code and is to be issued within the exemption provided under subparagraph (D) of Section 103(b)(6) of the Code with respect to an issue of.$10,000,000 or less; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemption if, and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project. 1-4. Authorization and Ratification of Pro'ect. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of Section 474.03(6) of the Act and subject to the terms and conditions set forth in the Construction Loan Agreement, to provide for the acquisition of the Land and the construction and installation of the Improvements included in the Project in accordance with the Plans and Specifications by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acguisition of any municipal facilities;'and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and Specifications. 4 bpf 4/2/79 ARTICLE TFJO � . � NOTE ' '2-1. Authorized Amount and Form of Note: � The Note issued pursuant to this Resolution shall be in substantially the fot�n set forth herein, with such appropriate variations, omissions and i�nsertions as are Pezmitted or required by this Resolution, and in accordance with the further provisions of this Article; and the total principal amount of the Note that may tre outstanding hereunder is expressly limited to $2,500,000 unless a duplicate Note is issued pursuant to Section 2-7. Said Nbte shall be in substantially the following form: � � � 4/2/79 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA - CITY OF FRIDLEY • Commercial Development Revenue Note of 1979' {The Perlman Rocque Company (NOrth) Project)� $2r500,000 FOR VALUE RECEIVED the City of Fridley, Anoka County, Minnesota, hereby promises to pay to the order of The First National Bank of Saint Paul (the "Payee"), Saint Paul, Minnesota, its successors or registered assigns, from the source and in the manner hereinafter provided, the principal sum of two million five hundred thousand dollars ($2,500,000.00), or so much thereof as may have been advanced to or for the benefit of the City and remains unpaid from time to time (the "Principal Balance"), with interest thereon at the rate of six and fifty hundredths percent (6.50�) per annum or at such higher rate as hereinafter provided, in any coin or ' currency which at the time or times of payment is legal tender Eor the payment of public or private debts in the United States of Aiaerica, in accordance with the terms hereinafter set forth. 1• (a) From and after the date hereof and until January 1, 1980, the City shall pay interest only upon the Principal Balance at the rate of six and fifty hundredths percent (6.508) per anniun, Said interest shall accrue from and after the date of Note Closing and shall be payable on the first day of July and the first day o£ October, 1979 and the first day of January, 1980. Amortization Date� thismNote shall benamortized9a0a the hundreu forty (240) equal consecutive monthly,installmentsnofW� eighteen thousand six hundred forty dollars and no/100 $18,640.00 payable on the first day of each month next succeeding the Amortization Date and continuing until the Principal Balance and accrued interest thereon shall have been paid (the "Final Maturity Date"), payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. G � L//7i Y�A/�/7 (c) If the interest on this Note should becmne subject to federal income taxation pursuant to a"Determination of,Taxability" as that term is defined in Section 4.09 of the Loan Agreement, then upon receipt by the Sorrower from the Payee of notice of the "Determination of Taxability," the interest rate.shall be immediately increased to ten and fifty hundredths percent (10.50�) per annum, and each monthly fnstallment thereafter payable shall be accordingly increased to amortize the remaining Principal Balance by the Final Maturity Date with interest at said increased rate provided that in the alternative at Payee's option as provided in Section 4.09(5) of the Loan Agreement the Payee may treat such DeteLmination of Taxability as an Event of Default and institute remedial action under Section 6.02 of the Loan Aqreement. Whether the interest rate is increased or remedial action is instituted the Payee shall be entitled to receive an amount equal to the aggregate difference between.(i) the monthly payments theretofore made to the Lender on this Note between the "Date of Taxability" as that term is defined in the Loan Agreement and the effective date of the rate increase or the date upon which the Principal Balance is paid if Payee elects to treat Determination of Taxability as an Event of Default and {ii) the monthly payments whieh would have been made during such period if the increased rate had been in effect, all as provided in Section 4.09 of the Loan Agreement hereinafter referred to. 2. Interest shall be camputed on the basis of a 30 day month and a 360 day year, but charged for the actual number of days principal is unpaid. 3. If the Payee should not receive on the first day of any month all of the principal and interest then due on the Note, and if the City should continue to be in arrears through the fifteenttr day of such month, then, in addition to all other sums due hereunder, the Payee shall be entitled to receive on the sixteenth day of such month a service charge equal to four percent (,4.00$) of the delinquent principal and interest and the Payee shall be entitled to.receive such service charge on the sixteenth day of each and every month thereafter during which such payment or payments are in arrears. 4. Principal �and interest and any penalty or premium due hereunder shall be payable at the principal� office of the Lender, or at such other place as the Lender may designate in writing. 5. This Note.is issued by the City to provide funds for a Project, as defined in Section 474.02, Subdivision 1(a), Minnesota Statutes, consisting of the acquisition of the Land and construction of a distribution center for food products and ' . 7' ' 30 bpf 4/2/79; 4/17/79; 4/23/79 restaut�ant supplies pursuant to a Loan Agreement of even date herewith, 6etween the City and The Perlman Rocque Company (North).(the "Borrower"), a Minnesota corporation, and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Chapter 474, Minnesota Statutes, and pursuant to resolutions of the City Council duly adopted on December 18, 1978 and May 7, 1979 {the "Resolution"). �6• This Note is secured by an assignment of the Loan Agreement by the City to the Payee and a Mortgage and Security Agreement of even date herewith between the Borrower, as Mortgagor, and the Payee as Mortgagee. The disbursement of the proceeds of this Note is subject to the terms and conditions of a Construction Loan Agreement of even date herewith between the Payee, the City, Tit1e Insurance Company of Minnesota and the Borrower. 7. The Payee may extend the times of payments of interest and/or principal of or any penalty or premi�sn due on this Note, including the date of the Final Maturity Date, , without notice to or consent of any party liable hereon and without releasing any such party. However, in no event may the Final Maturity Date be extended beyond May 1, 2004. $• This Note may be prepaid at any time, either in who2e or in part without penalty, and all such prepayments, if andyshalllnot affectbthepmonthlagainst the Principal Balance Y PaYmertts due hereuncler. 9• This Note is further subjec£ to prepayment, without a premium, in whole or in part, upon the occurrence of certain events of damage, destruction or condemnation to the Project, or, in whole but not in part, upon the Borrower receiving notice from the Payee that the interest on the Note is subject to federal income taxation pursuant to a."Deter- mination of Taxability,° and exercise by Payee of its option to treat such Determination of Taxability as an Event of Default under the Loan Agreement. 10. The amount of the monthly payments due under paragraph 1 hereof, shall continue until the entire Principal Balance and accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder. 11. As provided in the Resolution and subject certain limitations set forth therein, this Note is transferable upon the books of the City at the office of 8 to the 3 P, °Ar 4/2/79 3 �S City Clerk, by.the Payee in person or by his agent duly . 'authorized in writing, at the Payee s expense, u hereof together with a written instrument of transfer satisfactar Pon surrender his duly authorized agentCleUk, duly executed by the payee or will note the date of registrat onuandtthesname and ddress of the new registered Pa ee Y Clerk below, The Cit ma Y in the registration blank a the Note is last registerednuponethetbooks of the CiPPearing person in whose name such registration noted on the Note, as the absolute • hereof, whether or not overdue, for the pur y' Wlth owner payment of or on account of the Principal Balancef redemption price or interest and for all other purposes, and all such Payments so made to the pa ee or u and effective to satisfy a d discharge the liability upon the Note to the extent of the s� or $�S sos �rder shall be valid shall not be affected by any notice to theacontradythe City 12• All oE the agreements provisions and stipulations containedconditions, covenants, Mortgaqe and Securit in the Resolution, the Gonstruction y Agreement, the Loan Agreement and the to.the.same extentAandewith the samebforceeand etfect as if they were full Part of this Note y set forth herein. 13. This Note and interest thereon and•any penalty or premium due hereunder are payable solely from the revenues and proceeds derived from the.Loan Agreement and the Mort a Security Agreement, �nd do not constitute a debt of the City within the meaning of an 9 9e and tion, are not Y constitutional or statuto .than the revenuesaand from or a charge upon any funds o hera and do not Procpecuniara9ed to the payment thereof, to the extentve rise to a Permitted b y liability of the City or, or employees, and no holderjof�thisallotefshall�everehaveathets right to compel any exercise of the taxing power of the City to Pay this Note or the interest thereon, or to enforce thereof against any property of the City, and this Note does not constitute a char e Payment equitable g� lien or encumbrance, legal or the Cit to��n any pr°perty of the City, and the agreement of and other Perform or cause the performance of the covenants provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, safficient to pay all costs of such performance or the enforcement thereof. ' bPE 4/2/79:4/Z7/79 3T Note. 14' It 1S agreed that time is of the essence of this �In the event of failure by the City to pay when due'any monthly installment of principal or interest or any premium or ,penalty due hereunderas provided in the Loan Agreement, or if an Event of Default shall occur, as defined in the Mortgage and Security Agreement or the Loan Agreement of even date herewith, then the Payee shall have the right and option to declare all the remaining indebtedness of unpaid-principal and accrued interest, evidenced by this Note, immediately due and � Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the sar,ie atY nye: subsequent time. 15. The remedies of the Payee, as provided herein and itt the Mortgage and Security Agreement, the Loan Agreement and �umulativeua d�concurrenteandnmayabe not exclusive and shall be successively or together, at the solePdiscretiongof�the Payee, and may be exercised as often as occasion therefor shall occur; and the failure to exercise an no event be construed as a waiver or releaserthereof,shall in 16. The Payee shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed bY Payee and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be _:construed as continuing or as a bar to or waiver of an or remedp as to a subseq�ent event. Y right 17• The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with applicable registration requirements or an applicable exemption from such registration requirements. 18, iVhenever any party to this Note is permitted or required to do or accomplish any act or thing hereunder on a specific day and that day falls on a weekend or holiday, the act shall be deemed accomplished in a timelp manner if performed on the immediately succeeding business day following such weekend or holiday, •IT IS HEREBy CERTIFIED AND RECITED that all conditions, acts and thin9s required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. 10 bpf 4/2/79: 4/17/79; 4/23/79 PROVISIONS AS TO REGISTRATrON The ownership of the unpaid Principai galance of this Note and the interest accruing thereon is registered on the books of the City of Fridley in the name of the holder noted below. last Date of Name and Address Re istration Registered 8ignature 6f — Owner , Citv�_ The First National Bank of Saint Paul . 2st National Bank Building � 332 Minnesota Street St. Paul, Minnesota 55101 12 , 3V bpf 4/2/7g 2"2• The Inftial Note. ' The Note shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other tarms and conditions as are set forth therein. 2-3. Exe�ion. the signaturesNofeitsaMayor andcCity ClerJchand shallebelsealed with the seal of the City, In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office.until delivery, 2-4. Delivery of Initial Note. " Before delivery of the Note there shall be filed in the office of the City C1erk the following items: �1� fA) an executed copy of the Loan Agreement and Assignment of the same; {B) (C) Agreement; an executed copy of the Mortgage; an executed copy of the Construction Loan (2) an opinion of counsel for the Borrower in scope and substance satisfactory to Bond Counsel as to the authority of the Borrower to enter into the transaction and other related matters; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note issued pursuant to this Resolution; Insurance issued byrTitleabothtingthesfacelamountfofl$2e500,000 insuring good and marketable title to the Land and the structures thereon in the Borrower subject to a first mortgage in the amount of $2,50Q,000 in favor of Lender subject only to such encumbrances as have been consented to in writing by Lender; (5} such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may require for the closing. 13 3 !•! 3X bPE 4/2/79;4/17/79 '- `'' -- Upon delivery of the Note, the Lender shall, on tohTitlef ineaccordanceawithftheSConstruction LoanrAJree Costis . 9 ment. : 2-5• Issuance of New Notes. Subject to the provisions of Section 2-9, the Ci�y shall, at .the request and expense of the Lender issue Note or notes,'in aggreqate outstanding Principal Balance equal to that of the Note or notes surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. 2'6• Reqistration of Transfer. � The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the .registration of transfers of ownership of the Note. Said Note shall be transferable upon the Note Register by the Lender in person or by its attorney duly authorized in writing, upon surrender of the Note together with a written.instrument of tr�nsfer satisfactory to the City Clerk, duly executed by the Lender or other Payee or its duly authorized agent. Upon such transfer the City Clerk shall note the date of registration and the name and address of the new payee in the Note Register and in the registration blank appearing on the Note. 2-7. Mutilated, Lost or Destro ed Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall,.if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses 3nd charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City that such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it, If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment, 14 bpf 4/2/79 3Y� 2-8• Ownership of Note. -�__ The City may deem and treat the the Note is last registered in the Note Register andWbyse name notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose op receiving Payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be aEfected by any notice to the contrary. ' 2-9• Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with applicable registration requirements or an applicable exemption from such registration requirements.. - � 3Z _ ARTICLE THREE REDEMPTION OF NOTE BEFORE MATURITY 3-1. Rede�on. Project�orlcondemnation�of(thed o9ect�orran�s�ruction of the �b) if Borrower does not elect to restore the Protectereof and to Sections 2.03 and 2.04 of the Mortgage, the• Note shallsbent subject to prepayment by the City from funds furnished by the Borrower at the time, to the extent and in the mantter set forth in Section 5.02 of the Loan Agreement. (2) In the event that the Borrower should receive-from the Lender notice that the interest on the Note is subject to federal income taxation pursuant to a"Determination of Taxability," the Note shall be subject to prepayment in whole but not in part as provided in Section 4.09 of the Loan Agreement. (3) The Note may be otherwise prepaid in accordance with the provisions of the Note. 3-2. Termination ot Interest. . . Upon deposit of any pre a the giving of any notice requiredPb�ent with the Lender and prepaid shall, aE.ter such date, ceaselto�bear interestl �OUnts 16 ARTICLE FOUR ' �- =•. .. __ GENERAL COVENANTS . 4-1. Pavm_ent of Principal an� TnM ,. The City covenants that it will . to be paid the Promptly pay or cause principal of and interest on the Note at the place, on the dates and in the manner provided herein and in said Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan � Agreement and the Mortgage which reven�3es and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement and the Mortgage and nothing in the Note or in this Resolution shall be considered as assigning,,pZedginq or otherwise encwnbering any other funds or assets of the City. 4-2•. Performance of and Authorit for Covenants. all times any andyallVCOVenantsatundertakingsthstipulations�and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in fhis Resolution, the Note and the Loan Agreement and Assiqnment of Loan Agreement and Consent and Construction Loan Agreement; that all action on its part for the issuance-of the Note and fbr the execution and delivery thereof has been duly and ,' effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable obligation of the City according to the terms,thereoP. 4-3. Enforcement and Performance of Covenants. The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement and the Construction Loan Agreement, and to perform all covenants and other provisions pertaining to City contained in the Note, the Loan Agreement and the Constraction Loan Agreement. 17 • 1� 0 :: 4-4. Nature of Security, Notwithstanding anything contained in the Note, Mortgage, the Loan Agreement or any other document referred to in Sectiori 2-4 to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the Payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City�s officers, employees and agents.. No holder of the Note.shall ever have the right to compel any exercise of taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Mortgage, the Construction Loan Agreement and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event; the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement and the Construction Loan Agreement shall be subject at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such or the enforcement thereof, and neither the City noreany�ance o€ficer or employee shall be subject to any personal or pecuniary liability thereon. �e ' brE 4/2/79; 4/23J79 �RTZC�c r•zvE MISCELLANL•'OUS ' ' 5-1. Sever_ a� b_ i�i. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisc3iction or jurisdictions or in alI jurisdictions or in alI cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such c9.rcumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or . unenforceable to any extent whatever. The invalidity of any one or more phrasesr sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. • 5-2. Authentication of Transcript. � The ofL-icera of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as ' to all other matters which are reasonably necessary to evidence the�validity of the tdote. All such certified copies, certificates and af£idavits, including any heretofore furnished, shall constitut e recztals of the City as.to the correctness of all statements contained�therein. �. ' S-3. Registration of Resolution. ... : ' The City Clerk is authorized and directed to�cause a ' copy oL- this Resolution to be filed with the County Auditor of Anoka County, and to obtain from said County Auditor a certi£icate that the Note as a bond of the City has been duZy entered upon his bond register. � 5-4. Election of "Small Is Code. • Under the 103(b}(6} of the�Codecthe�Cityhherebylelects�withCrespect.to the Note authorized by this Resolution the "small issue" exemption for issues of $10,000,000 or less and authorizes t}�e Mayor or City Manager to execute tl�e election sY.atement Attacl�ed hereL-o as Exhibit A. The information contained in paragraphs 2, 4, and 5 oL- said statement�has been furnished by the t3orrower. 19 . , f . 3CC e . bp� ,�/2/79: 4/23/79 . •.. •. . ,-5.. ' � 3DD Aut:horization to L•'xecute A reemeiits. • � . �.f �. 4..... . . � . � � � The forms of the proposed Loan Ayreement.and assignmenl- thereof and consent, Construction Loan Ayreement and Mortgage are hereby approved in substantially the form • heret-ofore presented to the City Council; and the Mayor and City 14anager are authorized to execute the Loan Agreement, assignment thereoP and Construction Loan Agreement in the name o£ and on behalf of the City and such other document-s as Bond Counsel consider appropriate in connection with the issuance oE • the Note all.with such changes, insertions or omissions therein as do not change the substance thereof and as may be approved thetexeoution�of Csuchr�documentsuby therDlayortorbCitylaanagerby In the event of the absence or disability of the Mayor or City Manager suc}� officers of khe City as, in the opinion of-the City Attorney, may act in their behalf, and shall without further act or authorization of the City Council do all things . and execute all instruments and documents required to be done or executed by such absent or disabled officers with the same force and effect as if executed by such absent or clisabled • , officers. • Adopted: t9aY 7, 1979 ' - Mayor of the City of Fridley . Attest: .. . : C1ty PSanager . � � . _ 20 ,�— a 3FF . '. . �X[ITIIIT A : , • +�,. ..... . �.�LECTIOIQ STATEt4EP]T UNDP•,12 I. R. C. SEC. 103 ( b) ( 6) AND REGULATIONS SCC. 1.103-10(b)(2)(vi) . In accordance with I.R.C. Sec. 103(b)(6) and the Regulations promulgated thereunder, the City of I'ridley, Minnesota hereby elects to have the provisions of Section �I03(bj(G}(n� apply tp a Commercial Development Revenue ?dote of 1979 (The Perlman Rocque Company (NOrth) Project), in a face amount Iess than $1�,000,000, namely, $2,500,000. 1• The name and address of governmental wiit: • - City of Fridley . , 6431 t9innesota Avenue i1E Fridley, .�innesota 55432 � 2• The name, address and employer identzfication number of the principal user or users of such � proceeds or facilities: .. : • The Perlman Rocque Company (North) � Attn: General Manager 711 Vandalia Street " St. Paul, Minnesota 55114 �� P1oYer ldentification No.: 41-1308387 / � The Perlman Rocque Company (North) is wholly owned by the Havi Corporation, 16100 i7est 103rd•Street, , Lemont, Illinois and its returns are filed on a �.conso2idated basis with those of the Havi � ' Corporation. . ' � 3. . The date and face amount of the issue: . - ;. (a} Authorizing Resolution adopted N1ay 7, 1979 authorizing Commercial Development Revenue Note o£ . ..].979 (The Perlman Rocque Company (North) Project). . (b) Nominal date o£ issue: May 1, 1979 � 0 L 1/ � , �� . � 3GG ' i�) I'ace amaunt: $2,500,000 id) Proposed date oE issuance of Note:� .~ � • On or about May 15, 1979 ' � There are no outstanding issues, the proceeds of whi.ch are or will be used primarily with respect to facilities (i) the principal ❑�er or users.of which will be the same or a related person as those listed in 2 above, and {ii) ��hich a�e located in the same incorporated municipality within the meaning of � Section 103 of the Internal Revenue Code of 1954 as amended. There have been no capital expenditures paid or incurred within three , zssue for which this electioprlsemade withdrespecttto . . facilities described in paragraph 4 except: . �. � , . . . � None • ' � :� , � ' ..CITY OF FRTDLEY . . . . . By . . Tts . e � e � 8 e 9 BURLINGTON NORTHERN INDUSTRIqLDEVELOPMENT AND PROPERTY MANAGEMENT DEPARTMENT CERTIFIED MAII #162037 Mr. Richard M. Sobiech Public Works Director City of Fridley 6431 University Avenue Fridley, MN 55432 Dear Mr. Sobiech: Room 1018 1�6 East Fiftfi Street St Paul, Minnesota 55101 Telephone (672) 2gg.2�z� APri1 26, i979 Concerning our discussion about the dedication to.the City of Fridley for public streets or thoroughfare purposes of 0utiots CC, BB, qp, HH and Ff in Great Northern Industrial Center - fridley, to cover ihe areas in.the petition forwarded with our letter of March 28, 1979 for the City construction of streets, water mains, sanitary and storm sewers within the.outlots so that access and the.utilities can be provided to Lots l, 2 and 3, Block 9, said addition, which were sold to The Perlman- Rocque Company (North} on April 18, �g79; In order to formally cover the dedication blueback copy of DEDICATION dated April 20,w19 9eandtoriginalrblueback and duplicate ye7lowback cop�es of ACCEPTANCE OF DEDICATION for execution by:the.City of Fridley, W111 you please arrange for execution of the ACCEPTANCE OF DEDICATION by.the City and forward the blueback copy thereQf along with the DEDICATION to Mr. Ted J. Omdahl, Registrar of Titles, Anoka County, Minnesota at Anoka for entering in his records. The executed yellowback copy of the.ACCEPTANCE OF DEDICATION should be returned to us for our record. We would app�^eeciate being advised of the registration data for each instrument. On Aprii 18, 1979, we turned over our Owners Duplicate Certificate of Title No. 40137 to Mr. Robert J, Seng of Title Insurance Corrpany of Minnesota so that he couid handle registration of the deed from our company to The Perlman-Rocque Company (North), therefore, Mr. Omdahl.should have our copy of the Certificate by this time, 4 Mr. Richard M. Sobiech APril 26, 1979 Page 2 We will look forward to receipt of our copy of the ACCEPTANCE OF DEDICATION. - Very truly yours, Rob//�ti9''{str'1� 'r�• rt H. Brokopp Manager-Special Real Estate rojects Encls. File: BN 3323 Part 5 Fridley; Minnesota cc: Mr. Ted Omdahl. Registrar of Titles Anoka County Anoka, MN 55303 Mr. Robert J, Seng Tit1e Insurance Company of Minnesota 24` Edst 4th Street St. paul, MN .55101 • Mr. Thomas Pagois Distribution Center Manager The Perlman-Rocque Company (North). 711 Vandalia Street St. Pau1, MN: 55714 . 4A ACCEPTANCE OF DEDI�TION � CITY OF FRIDLEY � � , a Municipal corporation of the State of Minnesota, hereby accepts the dedication of Outlots CC, BB, AA� HH and FP, all in GREAT NORTH�RA7 INpUSTRIAL CENTER - FRIDLEY, according tp the plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County� Minnesota, as set forth in that certain instrument from Burlington Northern Inc, to the City of Fridley dated April 2p, 1979. • IN TESTIMONY WggggOF� the said City of Fridley has caused these presents to be executed in its cor orate name b attd its Clerk and its corporate seal to be hereunto affi ed this day of ,.1979. CITY OF FRIDLEY BY Mayor ATTEST: BX '------�-._— STATE OF MINNESOTA ) C er COUNTY OF ANOKA �ss. The foregoing_ instrwnent was acknowledged before me this day of � , 1979, }��s , Mayor, and of the City of Fridle . Clerk, y, a Municipal corporation, on behalf of the corporation, Notary pu lc. MY Commission Expires: r. �.�..' � .. � . . . . . ,t.n � c `�"` +� n:i" - g' s . . .,. ' l � :' � '�'` 7=,, � ,: �+.r --._-.�..�..�—___- � ., .. � This instrument was drafted by Industrial Development and Property Management Department, Burlington Northern Inc.,, 176 East Fifth Street, St. Paul, Minnesota 55Z01. State Deed Tax Due Hereon - None Tax statements Por the real property described in this instrument should be sent to: City of Fridley 6431 University Avenue N,E, Fridley, Minnesota 55432 � 4.C, c� 'y;� . � `�` ' " 4 D � , . •� . � e � �e�'. � . ��FR /OL E �' � � � ; . .. . . �. . . , _. . . ... _. , .- .:, ._ � . . , ;. _ , . � - - , � `� � .. - . : . ,. _ . . . r . �- � �. � z .� � CORNE'R -'�' " .' .�- �' � h "z� S � .,,,: R °� - ' ,. • �` , t,' �y ' J� r �� ..- � - --- -- VRL'�T . ?' � "`Op ��" _ .1.�G3 t LoT � ,�;o� . . � �.:;;::.� : -2fu�=--- �' �� . OUT j41. DD � � �.,.�s;�;�<./'� a.,..e I . �1 �� ''� rv �Y : ��O • / I�! 1� '�.,`-__: . ' ° t} 9 � . � ��. ,} � 3 _ � r� • £ ,' 7 ., ; 2 - � I ,: „ O��'� OUTLOT AA � • OUTLOT E�\ f .tcs` ; ,,OUTLOT BB �� FF� � � � 1 2 i, GG��; �o� �i �.�._ \ � /..t .�.. - . . � � � ,v� / , ,!' 3 . .. ' <':� 'I". is fSI q` p ) . . n.�i;'ir 3l� �� t•.._ ` = v .: ¢ ' . . . : _ ; � � ��a.�' / I �-� � ��('l� ��/ � � 5 , t � � , n:i'n' _„._ � .. a � yo �� <ro ,� .e�'se . � � `< �OUTLOT Z -�« .�•.: •.i - t r•. �: 3 -+ s ': . :, ' � 3 � . � p � OUTLOT s.sa,. _ .�a;+�• Mi � ... '��.T� 1� � O / IRlJ��1 r�� as• yv�•�� < � Y 51 �ST• ~ V ` � � � . ii i.n � �- � - ... __ irr "'_ " : � >.:� � OUTLOT j� ' - �� /O �. � '' . . r� 2 `' 1 - � �: �" ...�/ , � _ . ' � : .; .; ,: �: iu � . � ��.� ..r :.�l.ir is<.�e � R- JVer lT • • �� ` // 2 o� .. .. r ... • WAY c.,� : , , ;T ; . ; ...../910.5 • . . i�T: � •.% .q q•�1C�r'� •se{.ie � . Ne.rh L:... o/ u. - s. �. v. �..ry , ' , .I•.. ' , _ ., � OU7LOT K K /1. • .-u.�c I `. :: .. tf/ � S ti: � Gza.� - ,� ��DE74/L A^ ' ��' � ^ ti � ' �, � �. ,e.-•-- � A � % �„ � - J . � i�� . +� ,i O , ,. ,. o. e � � •� ��I! }� �.� � OUTLOT�NN ,I� I � I 0 CITY OF TRIllLEY - PL/1f1rd2NC COh�1IS.^,ION _ APR17, CALL�D�R: Choirman Harria cnlled the April ].1, 1979, apecial meeting of the Plnnning Comniaeion to order nt 7;30 P.M. RO�LL: Membero Present: tdr. Ii$rris� Mr, Oquist, Ms, Gabel Membero Absent: t+tr, Lan�enfeld, Ma. Suhrbier, Ms, Sohnabel, Mx, xxeuenfels Others Preeent; I�r, Saunders (newly appointed member oP Human Recources Cwmnicsion) Ms• Martin (newly eppointed menber oP Human Recources Cumni,ssion). Mr• Boardman, City Planner Mx'� Leel.� Associate Planner 1. C0;/iPREHENSTVE DEj�F'I,pPp�N,I, PLAN: .Nk'• Boardman stated that they have had ceveral member commission meetings including Yarks and Recreation, Cp.,••m,�yity Development, end Appeals. They were t_ in develpp a time frame and had planned or. $ public bearin� before the Planning Commissi� next week, but k'pi,t�d "Y g to meeting i.n iw �rO�ably hold off on that until the first Planni Co* Y' �e tio�d �ihe the Planning �o�;�is�ion to review thisnsim .�iesion with the other ccremissions so that crhen the Plennin� Commnission received cormnents from iiie o�;her convnissions, they would have �tsneou.,ly Fie noted tl�ey had already received a response £rom the Parkst nd Recreation�Com�i��; and Al�o A J.etter £rom Peter Treuenfels,. 8�bout. reviec�* the docwuent individual lhe Human Resources Comr�issiou decided go'on t2��n as a group. The Env� �' and to subnit their comr.ents ittdividual dociinier.t, but wou2d be disoussing3itQ eXttwe k�j.�1Commi,;riity Development a d'l,pp als yet revie�>ed the would be holding r�ore meetin�c to discuss it. Tne p:iu�ry po�,nt brou�ht to the other co„ani�sions �.�s th�t tve document nay look thick, but a majorigy of tae dor.umeut was a ourvey and qn��ysl� of existing conditioas. They were prinarily interested in the direction of tlie baok ratl�er ttk,� necessari]y the content of the surve analysis. They �,ere looicing for commexits on the polic for the Cit ,v anfl Y' �• IIOar��n st�ted that at thic meetiny and system plan as a direction some of the system plans and explain so;ue of the � �' he would like tp areas. qZ�o FP�n�, within eech of the systemh � if the Covnniss�oll wished, they could mview the comment-s oP the Parks eu�3 Recreation Comaission. Mr. Harris stated he had a few conunents before they ctarted, He stated that regarding the iut;reduc�;ion, he understood the flirection of it, but felt rewritten. He uas concerned thp�; pdrts of it ste s@ministrations An3 that w�s not their intant. He Parts of it should be pped on tlze toes of previous but i'el� ttie wording could Ue better. , Agreed with most of the statements this di�cusaion with goals and ob,jectives,�s_ted Nx. Aoardmun if they shouid start �'. Boardman stated that �:as correct but there were r,ome reco�ended changes from the member co�mnissions he waiyj,g lil:e to dlscu�s firct. One of them concerned the land area, Ri�ht now they have a policy stotemer.t but do aot have ni dram up. Initiqlly, they felt the system plan would be the 1 after �ome di�cuceion And additional review, i;hey feZt that � �Ystem plans be covered in mep fo27n and wo 990 land use map Uut on a cystem plun for the land ucensectione documentation so thets of it coW,d not Y ure present],y S�orldng � 5 Ah'• ffcirria �tated ttuxt in the Tnventory they were uoing �pme percentages� and he did not think theae fYPure^, �aere �;ivin3 n i;rue picture of WtiAt renlly er.isi;a� F%PhadAqueationed4h rne much�ofetbeQCOmmercialsc�nd�industricsl land wAe railroad , and Alco public land. property, IIe r�as refcrring to pAg� 9 of the document. Alao, he was concerned about how much of thQt land was controlled by other governmental bodiee� auch as the t4inneapalis Y7ater L]orks and F2dC, Iie asked if these lands were counted in with the induatriel and corr;mercial figurea in the dpcu�ent. bu'• Boardm�n stated thc�t the FbfC was counted ix� with industrial because it is industrirxl even thou�h there are government contracts there and, they ��rt callect taxes on 3ome of the bui2dings there. Mi'• Harria stated that he felt tbat �hould be spelled out plainly in the Inventories. MI'• B�+�man stated that the Water Works and tbe 47aste Control were public ].ands. Mr• Harris asked how much was controlled by the railroad, He PeZt this should be specii'icall,y spelled out because i•t would then give a clearer picture of how much land is developa�le Zand. Mr'• Boardm�n siated that the railroad land that has treckaae on it is cla�sified as developed industrial property and i;he rrzilro�d property �rithout trecl�ge is class3Pied as vacant industrial property, For examkle, the Great Idorthern Pai_1_ road property is coucidered open for develog�ent. It is tmdeveloped industrial property. Mz'. HArric stAted t3�at be felt the percent�ges indicate3 on pa�e 9 could c*,�ng� because of that and felt Lhe statement "In proportion •L•o the total land use City of Fridley has ubout 50�, more industriai land than the Metro Aree Average" could be misleading because oi this � the particular situation. Mr. Boardme�n stated that he did not feel it was misleading and felt it was pretty clear cut. 5� is the undeveloped industrial ro ert P P Y in the City. Mr• Harris stated he could not believe it was that high. Mr. IIoardmc�n stated t2iAt we hAVe unoccupied, Carter_Days inductrial. propert cres , f30 acres . of Sears prpperty �$ a lurge tract open Onan�c h Y, Great Northern Sndustriol Park still open. All of that is zoned industriale open and in the OnaFray, area there is some Ms. Gabel qsked wt�at•the average breakdown xas for counnunities in terms of industrial and connnercial. Mr• Boerdman stated that Minne$polis is genernl]y higher in connnercial�industriol than most of the other communities and Fridley is higher than Minneapolia in coa�mercial qnd indu„triel. Ms. Gabel asked whext the ratio was, Mr. Bonrdm�n stated that the rAtfo is about 12z�. Less gh�n � ie general],y the ratio for inductrial zoned property and We have rabout 22�, 5� - rr.arrrarric __ PAGE 4 S Mr. Aurris n�ked if they di@n�i; huve some �peciul enseo in there. fie referred to • the Inventory oP Publi.c Lands c�nd asY.ed how mucli of the larid was controlled by the City, the State and the County, and Also the P'ederal Government. Mr. Bo�rdm�n ctated th,�t Public Land included the road eystem, the park syetems, the Cii;y HAll� the Water Works, all of the public],y zaned property. Mi'. Hurris stated he understood that, Yiut there wc�s coasiderable acreage in the V7ater FlorY.s area and also in the Sewer Districts land and the Pumping Stetton, with- 1n the bounds of the City that reolly isn�i; our land, It belongs to someone else� like the City of t4inneapolis. t�1c'. Bonrdmcin stuted that in Qenerctl they felt that 39� is about average for public ownership, We fal2 a little bit 2c�w in ewr.�;erc3al and residential in what ic general�y classified r�,y "norma],", They make up tor it in industrial. Mz'. Narris stated tl�at then mr�ybe the fi�ures were accurate. He felt �this was important if what comes out of' this is A pxoposal do:�r� the line for rezoning. Mr. Boardman strzted t:iat he did not thiu2s they were lookin� at rezoning per se� they were looking at areas that have the potential £or mixed usnge. Mr. Harris stated that they were sayin6 we have to put in another 23ao units. t�x'. Bcardman stated that they were sayin�; they should be providing another 2300 unitc o�' housi.n� to reec our standards or to meet the needs af tYie firowing popu7.ation in the Twin City Area and for us to take a share of that load. N,r. Harrin stated it was irportant to have o clear pic•ttzre in our Inventories because oUviously �e will have to do something With our zones or make some special provisions. Flii;hout a clear picture it would be difficult to make a good judgement. Mx'• Soardm�n stated that he thou�ht they had a pretty �ood picture. Ms. Gabel atated they would hAVe �Co rezone to get 2300 more units. Mr• Boardman stated they weren�t looking at rezonir� per se, i;hey had other tools for providin� housing units, There tvere pro�rams the Dity could Ket involved in such as tnx increment pro�ra�s, sponsorship oi low interest mortgages or i;ax er.empt mortgage loans which encourage the development or redevelopment of housing programs. Mr• Oquist stated they still hsd to have so3ceplace to put those housea. Mr. Boctrdmc�n stated that by making low interest loans or mortgage loans and these types of tl�ings available to apartment developers or housing developers,.even at 'L'he industrial cost of property, �fleY would Ue putting it more into the rec�1� op acquisition. Tiiere are a lot of tools the City could use tp develop increased density within ureaa. Oi�e glace would be tl�e Center City are$. They are looking at the improvement of the Center City area but feel L-liAt in order to improve tk�at possibilityiof condonimiwn typeihousesl�or clanbinationesoftoffieseand housing frith- in t1�e Center City. S�.`IA7, NP;TTIf�, - PI.ANPITt,�r: nn��n.mor�..., .....-- - PAC� 4 5 � I �'• Oquist asked where they would put thoae in the Center City. N1x'. IIoctrdrr�n stated they hnd about 25 to 30 acres of open l�nd or land that c�ld be mqde availaUle, He nteted there wAe property behind Rice Plaza bei;ween the apartments and across the otreet from Ifolly Center. There waa also ].tand near the Church �e bal.l diII;nond thc�t could bec�ne QyailQUle. Also, there is lsnd owned by Saliterman. , jt y�g drqinq e � problems, but maybe a solut3on could be found. �'. Oqufat asked if he was referring to the marchy lqnd near Sandees. Mr'• �or�rdman stated that was correct, and there wza another tract of land near Sear�a putZet And the Shorewood, about 30 acrea. 47e could put a lot o£ units in there. Mx'• Leek etated that with medium densi•Ey, they could be talkin� about as many aQ 210 units on that amount of 2�nd. Sdith hirl?er density they could be looking at twice L-hat� or with a conbination, maybe three tines the density, �'� xarris stAted that he suspected they mi�ht get a combination of uses on i;hat land. Mr• Board�n steted they had, $t onc time, looked at the area near the Naf.ure Center by Northtenan, That could be a gap3 l�ation for x combii�ation oP mixed housin� qnd camanercial offices. Mr. Harris nentioned the aree belok� 6 4. ' 9 J near tlie xiver. Mr• Leek stated that they shauld move on into the Goals and Objectives. He stated that in talkin� wiih the member commissions so far, he tried to answer their questionc $bout consistency betweeu goals An3 objectives and the policy seciions and suggested they start at the be�inning with the Land Use pattern Section on page 6. The Policy Section is ou pa�e 11. � . Mr. Harris stated that in looking r�t the £irst goaly V100, on page 6� it left him a little cold. �'• Boardman stated they took the goals and objectives provided by the City Council and i;he Plsnning Coamission. Mr• Leek stated thst in lookin� at the goals and objectives� when they were drafting the document, it seemed u little tenuous. Sdhen they talk al�out the economic well being of the City, they are in fact talking about �aore than just the amount of receipts that pass through a conmiercial establishnent and the Amount of tax generated, but also the standard of 2iv;.ng of individua], residents and q number of other things. Mr. Boardmqn stated they had a little troubZe with goals and objecttves and they found a lot of repetition in the objectives and where they found repetition, they tried to eliminate those objectives. They busically kept all of the goals the same. Mr• Harris stated that on page 6 l�e felt they .should soy more, but was not �ure just what. 'xnr, ntrr�rrrrr, _ COMMI,^,SION PACE G 5 Mr. Nnrris asked ip,thlo meant they were going to txy �o promotc doubles or tnultipleo. What direction will they talce? M�'• poarclman stated there were a lot oP directions they would have to loolc at. In the �jrstem Plc�n they will hnve to deal with a lot oY these iseues. Some oP the thin�,c they z�ould 2ook at were npartmenta turnin6 into condominiur�s. They lu�ye had several requect� for this, ar�d this ic one oi the ulternative� for different types of home ownership. The probl�m with this is �they will be losing �ome of tlie rental market eo they will have to Etqrt looking At other provisions they can hcive snd other thin�s tl�e City can do. Yle have tqx exempt mortgages that is a potential for home owneruhip and also lov� interest loans. t�'. FL�rris stated that he had questioned the word "construction". As far as he could see, they were talkin� aUout 2300 units pf "new conatruction". He Pel�t our hous3ng :,tock cras the r�ain concexn here. �°uBhri;he I'eder�l Government onrdifFerentahousinProgra�s bec¢�ing available tetion programs t:�at make existing structures thnt�are premen� There were ret�bili- line with livable standarcis and yet still �-J' unlivable Lyore in unit. There are a lot of new construetionntechniques�bec�nin erate income lzousing Nlinnespta Fiousing Finance A�ency has low interest losns £or n waconstructionhpf a single fQmi]y house. Another thing ��ou7.d be tax exerept nortga�es. That is also on new construction as we11 as existin� housi�g for loa interest m.ortgage loans. We will have to take a look at tk�ese typec of things. We will also have to encourage things liY.e condominiurss And those types of housi.n� units for energy efPiciency. The singl,e family hame 9.s probaLiy the least efficient t5�e of livin� uuit you can have because oY the waste of ener�y, 'Phey wi11 also have to look at programs that wi12 make those houses energy efficient. Ms• GaUel s�ated that tl�ose �in3s o£ specifics belon� under housing. Here we are tallting qbout land use snd somewhere in the policy pian we should be sayin� that we are going to provide the land to do this. Ns. IiFZrris stated that in the land use section� they should also be talkin� about density, which we don�t allude to at all. �'• �oardman steted that was a�ood point and noted that they did get into that quite heavily in i;he housing section. He stated that in the land use section, they should be looking not on]y at the.existing land use we have for housing, but also the density, as Mr, Harris pointed out. Mr. ifzirris stAted that in discussing this a few months ago, they had talked About looking At� in specific area�� density instead of lot size. Mr. Boardmr�n stated tltnt wAS a key also to a poZicy issue we had for converting rental to Condominiums. It doesn't chctnge density aay� so wby not do it. Wizctt is the proUlem we l�ave in doing that on existing structures? I'�?'• -��az'z'?e ntated that if c�e �et into rezonin� or e eciQl zoni We v�ill huve to do cprnething •to �et �300 moxe uni�t3pin, mayUe oUr and A��Arently tt�t under the Is�nd Uee �ection, chou].d be not lot afzes but densit we �hould e PProach to AY something lilce thai; in here. y• �d �ybe MI'• Boardman stAted that was a good point and ulso what he had mentioned about �d�r "Land U:,e" they should be ta2king �bout land qv$ilability for housing as opposed to a2ternative f'orms of housin6. Mx'• �quist stated they could maybe drop that £irst policy. si ability for�alternativelfox,ns of housingato neet the demand,rorc��age land by �9�' �� need for housing �• �4uin� asked if �3 didn�t cover that. Mz'� tiarris stated tt�t he felt it just didntt say tha±, He felt that in �oing oyer this thing� it didn�t seem that they were s�ying v�hat they were trying to do. t�Is. Gabel �tai;ed tk�t she assumed the �'i ure Council, but B�ve they dec?ded that this�is SJYIA �3e�r nteto dpu came f�om Metro we shou2d address the question. We have not come out and said "we need to provide , and if F•e l��ve, 23�0 more units".. p�x'. Leek stated that i.n the Hoiis3ng Secticn k*e 1-ia�re said iher.e is for 2300 additional units and that is a.caJ.ct�lation b, statistics. Z�he trend in decline of housin size An expecteci need sed on scma very rudimantarSr ;jeeted poput�tion iacreases. Roth of those�s as ��'ed tt�rough 1990 and pra ASetro Co:z;icil, but i;hey are by no means dictates £r�nni �-� otCuuncoie to �us Frcan dictates, in a forr.�, are the housing AZlo�ation plan fi8lu.e� which in tlze ifousing P�,qn in which we state "we ado t r t �t ftre believed thnt was somethin P r3d1e S p, a'-'e Also meni:ioned will cio w2�t it can to ensure�that�this � t5e plqn do�E s.�� share �oal , He dy that ihe City of £'ridley ny new units are provided in ihe community, Ms. Gabel stai�ed that then, in the Land Use Section� we should state that c�e will muke land available.for that, Mr'� Harris stuted that was wt�y kz� �•as concerne,i about the fi�ures in the LFZnd Inventory. IS we Are goin� �o �ke $21z lmn3 available, we will have to get it i'rom same place. MY'• Bosrdn�tn stated that in lool;ing ��; uh$t they had ,just discussed, they were not looking a{, {;he elimine�ion oi' thr�t much industrial ro ert et was providing a mixture in eore areao and ei morepconcentrated looiceAt the density of developn;ent, not just single family but the dencity of AZ1 t cert4in areas in order to accomplish the goal. We ypes of developmeni; in to give us a good tex Unse to balance off i;he additioc�leep that industrial property wrhat we should look at is increased densit pOp�ation we Y iu certoin areas. �' 6et. But 5 FI - PI.A1�fJTNG CO1,S �1PRIL - PAGE fi MT'. Narris atated that if the,y used wh,�t they have done yo fAr ac� and a good mr_n��.er�ent would be the Georgetown �a�iarLments where •there j00 qpartments, they u3ed A considerable A YIIrd stick� use four times that much to acc q�n�� °f �°na' If the °r� About uP 8omethL�g tp �nPlicl� 2300 �1�8� �h� Y are goi.ng to get there. Y will�have to start carvin� l�'. Boar.dman stqted they would hAVe to ehan�c their ideas About the t gt��t�'�a• The types of �tructure� pxesently Qoing in for apartments Wnctefu7. on the lancl YPea of they need a differentpt��ri7y becau�e they don�t wAnt to � Are vex�r complex is YPe of struci;ure to �{o over i;hree storis, higoeanb�cause a hind cf sprawling type oY complex to uccomnlish the sarie thin�artment �°ula in a five story building. g they MI'• HurriE stated that would involve density $gain, It 3�emed Lh�t the Geor�etown Apartmentc had about all the density they could get. �' BO$ran�n a�reed and stated there wouid have to be so�e changes in our and in °u�' 7oning ordinances to allota higher densities in certain areas. thoughts Nu'• Oquist asked Nhy they i�ould want to do that? He stated tHat we w devil�s advoc$te $;d acked why they wanted to pack in everything we can into the coffinunit �S P7-aying Y� Instead of putting in 500 w}�y not 2ppp Pill it upp h'1�y do we feel this need to Mx'• Leek stAted tl��t at this point, tfley were ,j�Din� the that would be made by the City providing that kind of hous�� on the decisions tirce� tb�y uere not loaking at specific si�es, $nd he did no� �hinktthey could nor cou].d they look at speca.fic proPo�als. So they did nct know whetherp ey were talking about packing them in, so to speag, � Tu'• Oquist stated they r�ere t about briiu,ri� in 23� more familiesaUout that in a waj, because they were talking ��Y• They should ste °� �ki�•living space avai2able for that P back and ask.iP that�s what they real],y crant to do. �¢'. Boardmnn ststed there were some very.bzsic questions under all� the American people have generally been a ve �,i'ing that. First o� our ideas And concepts as to the use of 1`3' Wastefui people and he thought ehange. As fsr as taxes, right now $Vailability of resources is the leust dense t a single fau�ia,y t going to have continue to Ype of development and it�s . �� of development is probably go down, So the amount of resourcestwe�usess dense As the fami�y .,izes when we look at density, There is more flnd �ore demand for additilonallhousine$sing that housing has to go someplace. And that is the problem in urban ca�ununitfes, The main concept is to �et 8 and parks and o en s people into a more concebtrated area and provide A loL- of P paces within sasy access and also service areas They could then provide more facilities for less resource coct. w'ithin easy access. M:'• Oquist stated they hAd to be careful not to pac� them in too much. He could understand not prouiotin� sin�le fAmi]y dwellings because of the ener and other things but they should be cereful about getting into lar e a �rnnplexes and LF�t kind of tl�in �' Problems laarket. 8 Just to rovide so � Partment p ��iY dwellings for an assumed 5 GI - PACE 9 5 H Mr. Boardman atnted thcy were not necessaril,y talk'ing nbout large ap4rtment cwn. plexea or rentcr occupicd comp2exes. The ideac of ormersY,ip sre chan�;ing. A lot of p�ople are deciding the,y don'L wqnt c1n61e fami]y ownerehip and want condominium type ownership. In the rental units they are constAntly at 9F�� or 9� occupied. It is very difficu].t to find Adequste housing in the metropolitqn area. �nergy coste are increasing. Mr. Oquist stated that his point was that we have to really know c�hqt we are doin6 here. 1de don t tirant to be putting in denuity for the sake of density or because Metro Council snys we SY�ould have so,many heads per acre. 4ie have the opportunity to do a little bit oP planning on the land that is lePt qnd we shouldn�t go all out on a den^,ity kind of thin�. N,s. Gabel asked what would happen if rre didn�t provide the number oY units that Pietro Council asked for. Mz'• Leek stated that if a community doesn�t adopt it�s full share housing g��s� it will lose points c�hen Metro Council evaluates a grant c�pplication. Nir. Boardman stated they should looIc at the City of Fridley as a nei�hbpr �nd a part oY the metropoli{;an area and we should share the problem. Mr. Oquist asked if we hadn't already done our fair share. Mr. Boardman stated we were guite a bit below what the average co�unity provides ac Par a8 housi.ng gces, r�'. Leek ststed tl�t without isolating £or in�iustriaZ and pub].ic land, this co�un- ityfs overall density is five (5) people per acre. Mr. Oquist noted that included industrisl whicb in Fridley is a high percentage over other co�nunities. Mr. Leek si;r�ted thrat was correct. The industrial is approximately 22.1� and ii you pu11 out about one fiYth, you would be looking at approximately 6 to 7 peopJ.e per acre. If you pull out public lAn3, which coustitutes about 3�, you would be looking at just under 10 people per acre. Mr. Oquist stated that his point'was that he didn't know if we needed such high 8ensity development. Mi'. Leek stated thAt in Fridley most of the residentinl land was already developed ahich meanc we have to seorch elsewhere, even nt that a large portion of our lAnd is developed. In addition we are lookin�, at 2300 units. As a£igure tUst sounds like n lot, but when you consider thst P'ridley already has 10�000 housing units, it's not that much more, especial�y when you thiuk of there being fewer people per unit. Mx'. �quist atated that was 25� more and was quite a bit: Mr. Leek stated this would take place over the next ten yeare and that ie projected ae being tha peak of growth for residential consi;ruction in this co�mnunity. APRII, - PAGE 10 5 I r�'• Boc�rdr�c{n rttated that there ie land avail4Ule in Fridley� but thr�t land in more diSficult to uoe, it�a �nore expensive to use or Yt�s zoned industriAl and not av¢ilable 1'or re�idential r�t thia time. It's a mc�tter oP r�hat our priorities are Sor the use of that praperty. Right now we Are providing 1.2 jobe per houcehold in the City of Fridlcy And we still hAVe a loL o£ open induatrial ' space. Anotl�er question is are we goinQ to be the job center for the metropolitan area? Do we want to provide jobs for everybo3y elses cormnunity? llo we want to provide 2.5 or 3•� jobc per househo].d in our conmunit,y? Or do we want to balance thai: more? Do ti�e crAnt to provide housin� for the people who work in Fridley so they can live in Fridley? Ms. Gabel stated that in Appea2w they hear people sqy that they moved here so they could have open space and �hey don�t want to be packed in. Mx'• Board�an stated that won�t happen. Those peopJ.e a].ready.have houses with yards and the houcing will stay essentially the same in Fridley. Mr. Oquist staie3 they vrould be pACking in more tra£fic and more people Would be usin� the services. hfr. Bocirdman stated that more people r�ould be paying for the services aZso. Ms, Gabel stated r�e have a responsibility to the people c�hq are already here. Mr• Bo�xd*nan stated they were also pt�ying for the services for people who utiJ_ize the busiue,ses. They have i;o work cut a bal�iice. They are not tallcin� abou�t packin{� the neighborhoods or the peopie Wno are already er.istii7g here. �rridley is grimarily a sin6le family comr�unity and it �aill rei�in single fami�y, They will not see a�ajor cha.�e in tl�at and the only change in that will be energy related, Those kinds of cha�e� are already tahing p�ace. 'People are splitting oi'f their basenents and rentir� them out. They are doing their own packing, Mr. Saunders asked if Fridley was involved in the Distriet Heating Studies thtit the Ener�,y Agency is promoting. Mr. Harris stated that we have the Ener� Project Co�ittee that is looking at the energy situation. Mr. Oquist stated that the talk oP developmeut and deusity concerns hiat. Mr• Boardman stated thqt he understood his concern, but the type of development they were tallcing aUout and the loc�tion of the develop�ent� Are peripheral developments primsri],y. 'i'hAy are developments that presentl,y have a road system to service them. Tl�ey were not tall:ing About developmeni;s wit!lin a nei�hborhood where they would go into a resideni:ial area aud take down five or six blocks of homes and pu{; up n concentrated development. They were not talking about tl�at because in the first place, when you have a higher concentration you htsve to service thut concentretion with a rosd system thot can handle it. Mr. Leek stated that another reason it wouldn't happen was thet Fridley�s housin� stoek is sound ond there is no reetson for taking down aound housing to put up ,concentrated housing. - rr.nrurr.ina PAG� M='• Oquiat aoked w2uit would huppea if q tornado weni; through. Mr. Harris s£ated that becsuae of cervices and establiehed street patterns� it vould prob$bly be built much the same. T1Y'. Oquist stated that eome streeto had all the trnffic they could handle without inereACing the density. 1'�'. fioardman stated that may not be a problem of density so much as the road that's existing, pattern MY'• Hnrris stated thAt they may hqve to do some'�,�or overhaul on the road patterns. �'. Oquist stated that i;hen to provide for this density� they would hsve to change the road pAtterns. Mr• Boardman stated that the roftd pattern �vas a proUlem ��, He stated ihat the prim�I'y proble� uith the transportation system in i;he City naw was the north-south aecess route. That �ill do nothing but increase trai'fic. �'. Oquist stated tkat to brir� in more density� they will have to have more er,its off those roads. Ms. Gabel asked iP this discussion didn't belor� under housing. MI'• Har:is stated that it was important to discuss these things, Mr'• Leek stated that in discussing houeing, they shouid keep in mind thrct the City has very 1ittZe imp8et on s,�rY.et conditions ar.d Nhat housing is goin� i;o be vided except for the minir,�al pressures we can put to bear because of our zonin� �a1�c • Ii' in fact, in ten Pro- axe goi.ng to Uuild si Ye$rs �°aterial costs and labor costs go down� peop2� ngle family homies no m,atter what our code says. MI'• Fiarris stai;ed tk�at the whole question of land use and density impac� more thsn just lsnd use. City services must be provided and nlso, righi now we are fi.guring 1 child per household in the school districts. That coiald be a disaster for the schools. Mx', Boaidmen stated that the imp$ct on the school districts would not chan e He stated thqt it depended on ihe type of units they were looki like in Innsbruck have a ve � a lot. Iy small child population. � at. Taanhouses Mr. Narris stated his point ;�4s that they �hould be careful when the land use area that it doesn�t all end up in one area, Th� should it�s spread. Y get into the 3' make sure that �' gOa��an agreed: He stated tt�at there would be concentrations within one area like in Innsbruck. There wouid be concentration within one buildi there would be more open spsce. They will not �ive u unite. ng structure but p the open space for hou3ing 5J SPI,CIAI, T4?[s'i'II� - PI.AiiPtTtJG COt;MIS520N_ npRrr. „ ��., 5 �� _ _ P�10E Mr. Oqui�t e�sked iP they had d.one ar�y si;udiec� on the availAble lnnd left in F'ridley and oee what the density level Nould be if they maintAined the Qvcrage. Would all the lnnd left to Luild on catisfy brii�in� in 2300 more unitsl Mz'• Leek stated they htxd not done thzjt but they have inventoried what was nvailable reeidential land. M�s• Gabel asked if that included 40 foot lota. Na'• Bocirdman stated they had included all oY the land that is residential that i� open including 4p foot lots. Mr. Harris etated they shou7.d talk about density attd what the optitaum shoui.d be. Mi'• LeeY, stAted that each community xnd each neighborhoal area must be assessed individt;ally. Mz'• Narris auggested that they talce a neighborhood area. Na'. Leek that the area ju„t north o£ Missis�ippi, near Terrace Park and the Meadow- 1&nds, for er.ample, would have an optimvin density of 3•tp � uxizts per ncra. �.Eh�t is Eingle fami]y density. h�'. Harris su�ested they look at density Por these 2300 units. In future construction what Y,ind of densities should they look at and obviously it would be mi;itiple use. Mr. Eoardmt3,n stated he thou�ht they wouid see a mixture of different types of units. They would still have.tt�e single famil,y units and would cee a medium density in some xre�ts. There could even be a difference in the site. It could range from low to mediwn to high density. F�3x'• Harris stated he was looking for an average. He wanted more deYinitive answers. If they had 30 acres and they were goix� to put about 2Q units on it, that gives us a better idea. Mr. IIosrdman stated they were not looking at hign density concentration�. He felt tbeY were looking more in the area of inedium deusity concentration, such as an apartment type concentration. Mz'. Hstrris stated that if they could put 500 to 600 units on a 30 acre tract� that�s telling him that in order to provide for 2300 units, they would need iour to five sites like that. Do ti•e have four or five sites like that7 Mr. Boardwan stated we ha�e about 1500 acres of indusi;rial proPel"ty. ffe pointed out on the map severul areas thst have the possiUility oY mixed usage. Mr. Harris stAted that when they inventory these particular sites they should be e� '�bey can in acl;uAlity be built on and can support what we ure talking about. �k'• boarduwn atated he felt they couZd. rv:erlwC _ PLANNING PAGL Mr• I3oqrdr„an atated thnt he did not see that Cli:y_wide density wouJ.d go up that mueh Uec�cuEe the cingle famll.y r�renc ure beeomlr� leca dense. 'Pen yectrs ago in the sint;lc fumily houcehc.l.ds there were lF.3 Percons per household and naw there nre 2.� to 3•1 persons per household, Mr. Ilarrie atated thAt was A fact they were not taking into efPect in our preeent zoning ccxie. They referred to lot size and not density. Mt'• Leel; stated it�t in tAlkiag about den�ity they were talking about two things, First of a7.1 there is population density rrhich i.s the number of people per areA. The otner kind of density is the number o£ units per acre� and that depends upon architectural design, 471�at i;hey will have i;o look at is the process within the City rrhich looks at e�ch site which potentialIy catt be developed into medium or high density housi.n�r nnd evaluates the prcpoa�l for that site in terms of ho�r the units relate to one another within the site and how the development relates to it'c neighbors vhether tne nei6hLors &re industrial or comnerci��, or residential snd the ��y zt relqter to the City as a whole. In the housing plan this is some_ thing we try to aodress. Tradii;ional7,y, Wh;�t we have thought o£ in texms of clensity �s apartr.�ent buildings. But that is not necessarily the onIy form atraglable for the developm�nt of density. There are al•terrk�tives for home ownership within m�1.'�iPle unit kin3s of structures that hsve the sense of single iamily homes. This is $n alternative. Mr• Boardnuyn steted that what they were sayir� Wa� �hnt there is open space in Fri3ley, and that land will be developed. Mr. Oquist stated they h�d to be carefvl when they Pill those spaces up. They have a lot of acreage and they should spread it out. � YB'�o de�termineewhatauses we wantton the avai2ablehero ertd it would behoove the demands such as for tbe elder],y, services, hou�i p n y• There are maz�y Y°� People. � units and hcusin� uni�s for Mr• Hcirris stated that they would have to talk about this again and asked I✓Ar, Boardman if he understoo3 the iiirection they were talking about. Mr• Boaidm3n stated tl�ey shouid be tAlking more policy As far as 8ensity goes. Ms. GaUel stated she had a question aUout items 1, 2 and 3 on pa�e 6g, She felt this tied into the question of 1+p foot lots and was etu�nging the philosophy they hafl Pollowed up to now. M2'• Boardman stated he agreed that Items 1, 2 and 3 showld not be in here, �e first sentence of that para6raph was fine but those three items should not be l�ere. He also stqted that the philosopk�y �,as chqngin� And that Community Development had recouunended les� than the 9,000 square foot, they had reco�ended 75pp square feet and Human Resources had alsa reconmmended 75� squcire feet. - �-,.�,��,vlr,c corun.rssJOrr nrrtrr, il 1979 _ rnr,F i u 5 P-1 Mx'• Leek etated they chould kecp in mind that the fir�t one talks about a runge of 1ot sizes. Thic doeo not ray that the City should go to �+0 fooi, lots, pn 8�000 uquare foot lot ia u�003 size lot. � Mr. Harris atated they were talking square footpge not dencity. Mr. Oquist stated that Community Development had recoammended they go with a density program. Mr. Boardman utated that the question was what densfty should they be talking about. Mz'. Harris stated that was something they should discuss. Ms. Gabe1 stated that they were promoting law cost housin� and there were a lot of ramifications to that. Mr. Boardman stated they were not talking about low cost housing, Ttiey were tallcing about reducing the cost of housind. Mt'• Oquist stated that we need a good dePinition of low cost housing. t+h'. FIarris stated that in discussing this years ago, they had mixed up the terms low cost housing.with substandard housin�. They are two different things. He stated that the present code� provides f.or a pretty gpp3 q�lity house as far as structural 1�alues and energy efficiency �,oes. N,s. Gabel s'cated she was opposed to allowint{ homes without garages becsuse it is dangerpus to the health, safety and welfare of the people to have jii-,g �ying around. She stc;ted that peopl.e were saying tt;ai they had to put in garagest and W'=;y shouldn�t people coming in have a garage. Mr. Bosrdman stated that ctandards change. Mr. Leek stated ti�at the cost of a garage five years ago was less than it is now and unless the City responds to that appropriately� it would not be servin� tbe population. Ms. Cabel stated tl�t by not requiring garages, they would be rwining into a coiranunity attitude And we have $ responsibility to the comnunity a8 $ whole. Mr. Boardman stated that the Council night not go along with everything in here, but there are questions that have to addressed. Ms. Gabel stated �he didn't think we should be locked into these three items. Mr'• I�oardman stated there were reasons for those.such ae economic reasons. ' Mr. Leek stated he could tanderstand her objection Lo those kinds of changes to tlie housin� code, but they must keep in mind the purpose of reducing the cost of nou�ir�g in Fridley. He asked what alternatives there were to reduci�g the cost of housing without jeopsrdizing the zoning code Por single f�mi],y, - �r.n�rrrzrrr. nrRZL �`�r. Martin. stflted that we had to conoider ypung p��ple becsuoe most houseA on the market are oui: of their reach. Mr. Narris atated that what they used to think F'AS that they should combine the nwnber of jobs �rith hou�eholde, fi�uring iri i;hose days there was one worker per household. Do we stiI.1 rrAnt to do i:hat? ��'• Boardman stated that at this time� we were looking more at proximity oP working areus to a popiil.�tion. Mx'. Leek etated that in �eneral terms, thst rule of thumb served it�s purpose because it helped to keep the City viable, but it did thot by providing a certain tax UASe and a cert$in sa1e� receipt base� not because it provided one job per houyehold. Whatis becorrmiu� irrr�ortant is that you provide housing thqt has ready, , efficient and amenAble accese to concentrations of employment and those concentr.ations of employment should incre�sin��y be scattered throughout the metropolitan re6lon. Concentrated employment causes probZems with traffic And economics. That is Hhy it is importent to look at the provision of jobs within the co�mnunity. Mr. Boardman ctated that the bQlonce of that is they want to provide househo.lds to service job fACilities becluse of ener�;y. Energy is goin� to have to be addressed bY all cor�nunities. People cr�nm t afford to travel a great distanee to a job. Mr. Leek st t d a e that people would be narrowing their job search. Mr. Boardman state8 there woul_� have to be changes trans£ers even within the metropolitan area. . in compa�y attitudes regarding N�'• Leek stated that tn re�ard to some of the questions raised here by Ma. G�bel end, Pfis�. Oquist� tl�ey chould looic at pa�;e 54� Ii140. Mz'• Boazdman referred to FII,50 on page 51�, • providek:I,g2ped tY�at may s�y we don't have to provide 2300 units, but we should ��'. Oquist a�ked wt��• we had io have ].$2fl ungts? �• Bocsrdman stated that was Fridley�s fu11 share based on an allocatiatt oP housin�, This came from N,etro Council. Mr. Leelc stated that what it doea is allocate to Fridley roughly 2,p6p of new housing in the metrp area, �'• Harris stated that he could see the Planner�s point. If we can provide 1850� we could go the rest of the way and provide tl�e 23� �its. M3. Cabe1 stated she did not hAVe a problem with thr�t. She had a problem with saying they were going to be on smaller loi;s und m�ke them smaller houses. Mr• Boardmrin stated tha'� Items 1, 2 and 3 were au attempt to reduce the cost of eingle family housing. 5 ?�mzNC _ rr.nrrr�rrrG coi�rssrorr j APRIL li 1979 5 � Adr!n ,. MQ• �ati�l stated they were providing q different items, q�2$�Y oP 12Pe with those three Mr. Boardm�n ��tated all is there were some baaic questiona they had�to the coat of housinq, Glhat can the City do to reduce the cost Another question ia the addres$, Firgt of '�o provide th$t Additioruil�housin �r add�tional houein of housing7 housin� such $6 6 nnd to provide th� servi`ces tott the City do The third �`3o�'S' tranauortation services and p$rks que„tion ic how can we tnereaee those �O a�on� with thAt the ecological balance with the a�enitiesdandestill provideifors sources such As the W�ter metropolitan $rea, Here we pared to �ater rect�rBe ar�a ljty °f the rivcr,runppp� Wetl4�dt into natura2 re- These are the basic que�$ions wepheServ�tion as co�_ N�• Gabe1 st$ted there haci to be ave to answer. wae density, a better way to 8ddreas that and she M�`, Harris thought it stated that density was s very uaeful tool in a lot of respeets, MI'• Boardman stated however the t�t hhen the zoning codE w denclt y��''n�d around and asked as set up it was b Y bY square foot, how do Fre evaZu�te densit ased on density, townhou3e develo �tt� What that did was eliminate cluster housiney evaZuate of m�kin Pment wiihout approval. It a1loFrs densit ��O°d us�' of the Iand 3 and the for people to do thin S as far ss Zand contours y per acre and instead � like Pi.11 in wei;lands and wetlandc, it ellawed to bui].d on them. 2. OT�USIP,�SS• - -----.—• Mr'• Saunders stated th procla�tion re at he hsd been asked by the H stated �� w �$rding the year of the Child. '�n Resources to read a or tbe g�n �i° be presented to Council. He askede$d �he procl�tion �n� ght Ccm.,,ti.ssion should make the if the Planni. present$tion. '� �oT�ission M2'. Harris suggested he asg Peter and see whet they wanted Treuenfeff to poll the H to do, wnan Resources Commission l�resent ty�ted that if they wanted� they could ha��e both commissiops make the N,OTION b quiet, ceconded b ---._�_ Y r4r. 0 meeting of the P1 y-MS• Gabel to a8journ the April 11 anning Commission , 1979, special UPON A VOIC� VOTE, ALL VOTT�ti'G AYE� CFIAIRbL1N HqRRI5 D AT 20:10 P.M. E!.'Lt1RED THP P•�,'TI11TG AD.TOUl?NED Respectful7,y submitted; /� �� / : � �. /�„ . / y�, iiZf � a tll' helton� Recoidi� � �g Secretary r cirx o�� zmr.F;Y Ili CAT,I, T�p}Zn�; . • Chsirmnn Ilnrrin cAlied the April 1E3, 1979, meeting oS the Planning Commiasion to order st 7:3b P.M. z�or,r, cnr�: Membero Preoent; Mr. Treuenfels, Mr. Oquist, 1�Ir,IiArris, Ma. Schnabel, Mr, Iforu (for Mr. I�ingenfeld) NemUers pboent; Othere PreBent: Tfs. Suhrbier, 1fir, Laugeoi'eld (arrived at 9;��) 14r. Boardmnn, CiLy Plsnner ' Mx'. Leek, Associate Planner Mr. Nitscheke, 6661 blain Street N.E. 1: APPR_ p� � pLAI�7V2P1G CO:�dISSI0t7 MII1U MO`PT.ON by P;s. SchnabeZ� ceconded by t�9r, minutea of the Planning Co�rnission. APRIL Oquist, to approve the ApriZ �, 1g79� Mr. Fiarris aoked Mr. BoArd�n how th� Council reacted to the Planning Commission's ste,te�ent mgc�rding the six members on the Environu:ental Qucility Coimnission. Mi• Bo$racn�n stated those minutea had not yei; gone to Council. They would come before Council on Rprf7. 23� 1979• UPON � VOICE VOTE� ALL VOTING AYE� C1iAIRYdAN HARItIS DECLAP,�D TIiE MOTION CARRIED fTNANIP•iOUSLY. `2. /�PPR(1�7F DT n nrn�r,,... ..,.. _ __ __ . ' . _ - -_ .,.,.�„�. ,.,1,�UrLS: nnRZ� 11, 1979: N,OTIOTd Uy DSr. Oquist, seconded by Ms. Schnabel, to approve the April 11� 1979, miuutes of tbe Plsm�ing Commiscion. Ms: SchnRbel stated that sl�e wished they had more time �to read the minutes. She soked how far they got in the discusaion.. ' Mi• Hurris stated tl�ey had a rQther lengtk�y discu�sion on hou�ing. Nr. Boardroan �to1;e@ they brouE;ht up l�ighlight� throughout the document and did not xe82�,Y start with goals pnd cbjectives. They diacussed issues pritnari,ly, r¢'• H�rris etated they discusced housing 8nd the uttitudes towards it end what we tli��3}�ti o�' uttitudes choul$ be. He felt ii; wqe n good discussion. UPON A VOIC� VOT�� qLL VOTIA*G AYE� CIIAZRAtqN }1AtZgTS D�CLARED TI�: MC)TION CARRIED UNitNIMOUSLY . � � � 3- t�c�xv� nrrrnr,s cor.*,car,�rorr rrzrrviTS: nr�trt, i�, z97g. t'�TI�i'� bY Ma. Schnabel, �econded by tdr, Oqui.at� to, receive the April 10� 1979� m�nutes of tfie Appeala Conunlssion. � Me. Schnabel stated that the diacucaion ctArtiaa on page b of the minutea centered on the item that had bcen before the P1Annln�� Commit;sion previously. '!'he item rrr�e ct req,uect by qlvin NitscheY.e, 6661 t,lriin Street� to rczone his to Appealo with a variance requeat. She stated that she was quitec3hocicedtwhene she went over qnd looked at h;r. IJit�cheke�s praperty because she did not realize from the P1Annin6 Commiscion minutes that Lhere wc�s q muitiple use on this piece of property. She did not know iF the Plannin� Commissioners ha3 Zooked at the property, but ii; didn�t corne out in the minutes� and it bothered ber tremendously. �'. Oquist asked what sbe meant by a multiple use. tde: SchnAbeZ $tsted there was a co�mnercial use in the garAge. Port of the was converted into a State Parm Insurance Office. So it is Q commercial use of garage the property as well as being a tri-plex. The commercial use is an open violation of our zoning co1e, but ti�at was not the question �that the discussion centered around. As you can tell from the lict of questions at the end of the minutes, they had a lot of quections concerning this piece of proper�ty and others that xill come up like it. They were not zeroing in on this piece of property per ce� other th¢n it has brought to their t�tte�.tion many queetions concernin� density, l�ow the City would like to see properi;y reclassified in the future, lot sizes with regards to tl�ese typ�s of requests and a lot of other questions they felt chould be discussed before i;he Board oP qpp�als made a decision on this p�rticu].ar requect. Sl�e asswr,ed that the cormnissioners had read the minutes and either had questions of �;hei.r o,nz or so�ne answers to the Appeal1s questions. She felt they hQd ccme problems with the current zoning ordinance and they .,hould perhap, Address these p:oblems in 1;he new zoning ordinance as they rewrite it. One of the quesiions zaas the number of imits. llo we still k+ant to require a minimura of 60 units in r� new townhouse development7 That i� wh&t our code current�y requires. It al:,o requires � Acrec of land, and so ma�Y square feet per unyg c�es down to 60 units as a minim,ua deveZopment for town- houses. Another question was in regords to existing units. If there is r�n existin6 unit in an R-Z District it requires more �quare Pootage than the same existing uuit built in an R»g llistrict. There wAS a discrepAncy there in our coni'i�ura�tions, There W$s a discrepancy in our zonin rules Por townhouses and another�setnorcr concerning ��rflges. There uas one set of necessarily consistent in terms of rental prop�r�; �ouUle Uungalot,�s. That wAS not also comin� before them for a recic�ssification such a�t.t2iisseeThere wanda difference iu cubletttn Property S. If you have a townhouse developrnent in An R-j. Zone, you cannot sub- 1et tlwt property. It must Ue oz+ner occupied. The same i� not true if it ic in an R-3 Zone„ yet it could be the same buildin,g in both zones. Tl�ere were a lot of queation� they felt the Plnnning Conm�ission should look ut and sc�ne of tl�e sub- eommissicns might also want to look At them Alco. Slie stated that first of all they ehould tiy to zero in on tl�i� p�rticular type of situntion so'that the Appeul., Commission could r�ct upon it. D;nybe the thind to qddresa is exiating units und then get into new development nfi;er Lhat, 6� CU;41dIS �ZOI! rnar 3 G B Mr. Ilarris ntnted tivit c�o l�e aeeo it� ttic bnnic question ia xhether we ohould nllaw these pori;icular typeu of unii:c thut nre-now cxioti.ng Lo bc aol,d uo i:own_ houaes. Mr. Eoardmun ctui;ed thnt nt the Appeal'.s mceting he hud brov�ht up the question of dencity �nd felt the Pltznnin� CoTr,mission chould diccura it alao. h'iret of all� the utaff checked With oi;her Cocranunitles to find out- how they were handling theee typeo of requeots bec�use they nre �ettins roore and more of them. A mr�jority oP the c�mnunities contacted £elt ttw t if, in i;lie exlstin� properties the den�ities �ion�t chan�e, ihe type of owner:�hip didn't really rnatter. The things they should look at are the things that would be convnon or wou2d require an a�rreement Uetween owners� ratl�er than lookin� at whether they are going to rallow it or how they�re going tp split it. Reaardless of what they do,-they would still be looking �t the cnme density oY living units. Mx'. Htarria stated thut was i;rue� but control r�on a diPSerent'thing.= In this parti- cular case, instead of one acrner to deal. with, w.e would dealing �zth a coircniti;ee. Mx'• IIosrrlman stated they s�ou2d have i:o deal wiih three individual owners. Nix'. Harris stated that i;he ordinance reouires in townhouces some sort oi a managemeni: organization to taY.e care o£ the grounds and so forth. 1�m. Boardman stated that he sees no difference legal],y in this sii;uation.than in a one ownership situation. ' DLs• Schnabel stated she did not agree entirely.� If he was.talkin� about an apQrt- ment complcx converting to a condo:ainiun, she cou:d see thAt arrangement in a di£ferent 2ight than a su�ll isolated unit liY,e that because an �partment cemplex thAt goes condominium'generall�r has an axea of lflnd tha�t has been mure specifically developed to that t,ype oi' multiple exisi;ence. It has coinuion �rounds, parlcing space� and a uumber of thin�s that are �ore �erxred to��rards t:�at ty-pe of density and the 3uternal aspect of wiiet?:er it is one-person os,�ned or mul•tiple-rnrned in the condom- inium sence doe�n�t necessarily alter that as much as an isolated bvildin� does. 5he sees a di£i'erence between q sir�le i'ree-standing uni�t lilte this and a larger complex development. � M�•. Bourdmsn stated that he s�,reed there.was a dii'ference. TIe felt they should look at definition� of the dii'fereni; t.ypec o£ unii;s crhich they never l�ad in the ecde, A definition of a condomiuium referc to ownership of.qn apartment. It meqns private ownership of an ap�I•tmeni: witl� no land involved. A townhouse is privr�te ownersi�ip of the property wi1:h just the pronerty under the Uuilding as ownership, A pal;io home is �enerally clas:,ified as fxa�n one to four units set extremely close to other units of its type which require land ownership nore than just underncai:h the unit. 1•knyi�e they should lopk at thcse def'initions and see if they are �,oin�{ to nllow defiuitions of tl�is type aiid under whAt zones they would be sllowed in. Firct they should deal wii;h the existin� situation und density has been brought up time c�nd time Again. If tl�e densii:ies Are the sc�me and will remriiu the same then what difl'ereuce doec ii; n,Alce whether it�s A 2iome o�rnership type of sittiation, or ttpartac:eiit owner�hip type of cituntion or whether it�s u rental type of aitucation if i;he zones ure corrcctly zoucd for tl�oce types of uses. Iiane owner- e�iip, even in n condominium ounership wlierc tl�ey hnve n lot of people en n connnii:tee inv�Zved in it, they r,till liat�e t�ome ownerehip which metin� thnt they hAVe eomebody thnt�s taking Uetter cnre of tt�e property because i;hey o�m it snd huve an �nveatntent in it. PLANNING COtRdIuSION MI�TING APRTL 10 1979 PAGE � 6 C Mr. Boardman stnted that he questioned whether it made that much difference ea long As the densities remained the snme because the purpose of zoning in the firet place ia density. Ms. Schnabel stated that it struc� her in reading the minutes�that the attempt was to reclassify it into what is so called the eastest classification to work Nith. It seems thrst someone went through the code book and took a loolc at what required the leASt Amount of variances r�nd came up with the realization that a townhouse would require the leost amount oi var3ancea� so they recommended to the petitioner that he apply for a townhouse. Maybe this piece of property and others like it would be better ofP with �n R-1 classification even thouF;h it requires more varianees than a tocmhouse classification. � Mr. Boardman stated he would have some real problems with that.because that would vary the density in an R-1� it would vAry the lot size in an R-1� and they would end up with a 30 foot lot instead of a 40 foot lot which they were not allowing other people to build in c�n R-1. He felt there were some real problems with re- zoning to an R-1 just because they were trying to control ownerr,hip on a piece oP property. He did not see where there was a problem in trying to control rn,mership. Whether they had ownership or rental in a si-tuation like this he did not see a�y problem because the density was set for R-3 and it was being developed for R-3. . The reasoning behind the townhouse definition of it was because they had na other definition that would allow this type of split ownership where they had houses butting right up next to each other. Ms. Schnabel referred back to the question of owner occupied dwellings, because this was one of the key points in this issue. The selling point was that if it became a townhouse it would be owner occupied and as a result therec�*aoul.d be more pride in the property, the dwellin� would be kept up better� etc. She stated ti�t was not required under our code. I£ that was an R-1 zone it must be owner occupied. In an R-3 zone, which this is� it does not have to be owner occupied. So a person could come in an buy one of those units and turn around and sublet it. Mx'• 8oandman stated he would question that because if they require owner occupied in this in an R-1 zone yet they don't require owner occupied in an R-1 zone in a. residential area for a single family house. He questioned the reasoning behind that. Ms. Schnabel stated that she agreed with Mr, goardman but that's tl?.e way the current code book reads. She brought it�up because she Selt it was important for them to discuss it and ewderstand it so that when they do rewrite the code they would have a better_idea of where they are going and what they want to say. Mr. Boardman ststed he understoai that but felt that �oing to an R-1 zone and then bringing vAriances to allow this would be opening them up for other areas sucfi as 40 foot lots or 50 foot lots being split into two o�,mership units an3 dividing the 40 or 50 foot lot into two 20 or 25 foot lots as lon� as they hqd 3,000 square Poot. They would run into real.problems with that whereas if they look at ea�isting pro- perties �nd allow existin3 properties by density and then set up some controls on new property such As a patio home development� as least they could handle the nrarr, PAG� 5 6 ,� exir,tin{; properties based on dencity ar.d_look at ideals for density on nhe new units. He'feJ_t the wholc iasue emne do•an to the fnct that the zonin� is based on deneity. They were trying to protect a certain density r�ithin an area and there wcre other thiri�s that entered into that cuch $s aetb�cks and those types of i;hing� which esL-ablish ctandards Within an area. Ttlose stpnd�rds are set Uased on A density. Mr. Harria asked if this was zoned R-3, Mr• Boardman stated thut w�s correct. Mr. Fiarris asked if in a townhouse association the lands were held in cov�,mon. Mr. Boardman stated that in scme situations they were but in this cace it would not be that way. In thic case, the way it�s set up, the lot lines were being divided ell the way through the lot so each unit has a separate yard,area. - Mr. Harris stated that bothered him. Mr. Boardman stated that each of the units would be responsible for tbe maintainence and upkeep o£ their yard area. Mr. Oquist asked why that bothered Mr. Harris. It's no different from a single family private dwellin�. Mz'. Harr.is stated they shoul.d Iook at what coutd happen. If they split it up into three parcels� he assumed there would then be three differeht tax statements� t2�ree different water �eters and three different gas meters. 1�. BoArdman stated that would depend on how the utilities were set up. In this caee there might have'to be a common utility agreement. He was not si.iz�e what the alivation was on that. Mr. Iiarris asked Mr. Nitscheke if he had one water meter or three. idx'. Nitscheke steted that he had�one water meter. � Harris stated that if they in fact split it into three ownerships, they should h+.ve three diSferent crater meters. � Mr. Boardman stated they wauld be looking at t2�at or comparable agreements for the use of the utility. Mr. Narris stated the problem was that if someone didn�t pay their bill, wlwt would they do? Turn tbe water off on i;he other twol Mr. Nitscheke asked what 1;hey did in tovmhouses? Mr• Harris stated that townhouses were a separate deal because that was held in comwon by the association. Mx'� I�oardman stated that in a t rn�nhouse� the lande were held in common, but the ut�ilities were separate for each unit. PLANNIP�G COha7ISSIUJ ME�TING APItIL lII 1979 PAGE 6 J E Mr. HArris stated that then if they did divide it ini;o thxee parcels they Would have to huve three tax stqtementa. - , Mr. Boardman aareed and etated they would aleo huve to have preferably three water and aewer hook-ups. But it may not work that way. They migHt have to have �ome kind of qQreement with even the potentiality oP having a sewer and water fund available for repairs and that type of' thing in which those people would have to put money in escrow. Mx'. Harris stated that essentially then they were talkind about getting to an associstion type setup for some of those things. If certain repairs were needed on the building, like the roof, how would they handle it if a1Z three parties didn't agree on the need for repairs? Mr. Boardman stated we riouldn�t handle that, it would be up to the people. Mr. Harris stated they were putting themselves into a very strange situation. Mr. Boardman stated it was the same situation in a townhouse where they had eight units side by side. He didn�t understand Ms. Harris�s poi.nt. Ms. Schnabel stated that she was not too hung up on that and thst�s a problem those people would have to worry about and hopeful�y they would hire attorneys to bandle that. Mr. Iiarris etated they would be creating the situ,�tion, He would be more com- fortable with this proposal if they handled this particular piece of property just lil;e they handle3 their other properties. Instead of splitting it up into three separate 1ots, they should have the people form an association and the association would be responsible for the exterior of the property. Mr. Boardman stated that what he was s�ying then was they should sell the land on7y under the building similar to a townhause. 12ti�. Bsrris stated that was correct and he would feel more comfortaUle. He stated tkiey could be putting themselves in a box with the 40 foot lot business by doin� soroething like this. Because we would be creating small lots that are substandard lots. Mr. Oquiat stated that these units were joined together by cor�on walls, they were noi: individual lots and individual buildings. It's like a zero Zot line. Ms. Sclv�abel stated they could not know what would develop in the future i£ they did develop this into three individual substandard lots. One point brought up was that if you had two adjacent 40 foot lots end someone came and he and the other owner wr�nted to teAr down tre dwellings on the adjac�nt 1i0 foot lots and �ut twp buildings together wit2� a zero lot line. One on one 40 foot and one on the adjacent �0 Poot� s�ould 'we permit that. - Mr. Oquist asked what was wrong with that. CODiMI3SI0N APRIL Mb. Schnsbel etated there migh�; be nothing �rrong with it� and it's very aimilar to what�a happening here. Mr. Fkrri3 atated there wus nothing wrong with that if they allow conatruction on 40 fooi; lote and it hae been City poliey to not do that. Mr. Oquist stated the�t then the assumption Ms. Schnabel mAde was not valid. Ms. Schnabel stated there was another example that had beett brought up. What ;g someone owned two structurea on two sep8rate lots and they decided that� aince t+e were allowin� tri-plexes to be made into townhouces, assumin;q that's what we do� wk�y don't they build a building in the center And attACh 1;he two that are separated now by the buildin& in the center. And say those are each on 40 foot lots which c�ould make an f30 foot width. IQow they Would have a new structure 1;hat straddles the middle so then wk�y uot go through and separate these and make three separate lots out of them. It becomes very complicated. As land bec�es more valuable, these are the options. . Mr. Harris stated he was not too concerned About whether they sllow this or not but more the way in which it is done. If we snlit tl�is up into three sep$rate sections, we would be dealing with three different people as far as the exterior of the building. �. Oquist asked what they Were doing with a double bungalow with two owners. Ms. Schraabel ststed that by definition they can�t turn $ double bungalow into a townhouse. D'tr. Boardman stated they were getting reouests to allaw two owners in a double bungalow and they should discuss that also. One of the problems He have is our definitions. MY'. Oquist stated that one dePinition they have not talked about is tri-plexes or xw haxses. Mr• Boardman statied that i;he situation they had was by definition of some of the current projects is tan�ible. It�s a home that has more of an ownership than just under the buildin; itself. It has A land ownership that i� broader than just the building. A townhouse definition is the lnnd under the building is the ownership aud the rest of the property is commou property. In a condominium, just the unit is owned with covnnon ownership in the facility. We have problems in here because our townhouse definitior. does not say that. It does not say'oz.mership just under the building. Mr. Boqrdmfln read the toirnhouse dePiuition �s follows; "Structures housing three or more dwellins units, continous to each other, on�y by the sharing of one coimnot� wall, such structures to be of the ta�n or row house typs as contra�ted to multiple dwe111n6 apsrtment structur�s. No sin�le structure shall contain 3n exceas of eight (8) dwelling unit� and each dwelling unit shall have separate and individuql frent and reqr entrances." Afr, fiarria stated they don't even allucie to the amdunt of property. Ms. Schnobel stated that it did nddresa that later on in tlie code. 9 G PLANNINC COPdMISSION MI?GZ`ItdG APRIL 18 1979 PACE i3 6� Mr. IIourdmnn rectd from the Srecial Requirementa in the code book sa follows: "llny and nll cormr,on open space shall be laUeled as cuch". It doecn�t sqy that any property under the buildin¢ hr,s to be common or open space. Fie continued reading "qnd.ae to i'ts intent or designed function rsnd provisions Por maintenance ownership, and preservation �hc�ll be made in Qccordance with�the provisione oP the "Apartment Ownership Act" .., snd it chall include all gropoced coven&nts, reatrictions and eASementa to run with the land to�ether with A�}• provicions for release f'rom same; provisions for dedication of easement Por public streets . modified as deemed necessary by the City Council. .. the development in R-1 shall consist of owner occupied units .., and membership in the townhouse develop- „ ment sholl be made a part of the agreement of the sale oP the dwelling unit." Nowhere fn the classification of townhouses do they talk about whether that owner- ship has to be just the ownership under the building and a�y and all ownership of the outside lands as a common ownership. So bASed on our def'inition of what a townhouse is this would alco Yall under our definition of a townhouse. The only difference is that we've got the 3,000 square feet which is a requirement for an R-3, they�ve �ot the front and rear entrances which is a requirement, but the only difference is tl�at it says that every townhouse plat has to have five acres. That's why they need u variance. Mr. Oquist asked if a toWnhouse required an association. Mr. Boardman stated it does not require that. If there is carimon ownership o£ any of the utilities or property, then there has to be an association to govern those things as deemed necessary by the City Council. He stated they could have a tovm- house developmens withoui; common ownership. That�s the wqy he reads it. Ms. Schnabel ststed tHat under the Final Plans a�copy of the bylaws oP the proposed associal;ion of owners is required. Mr. Soardman stated he uncierstocd that to mean on�y if there was an association. If there isn�t coumion ownership then they don�t need an association. The way the present code for townhouses is layed out, it doesn't say they have to have co�non ownership of property. Ms. Schnabel stated that we should put that in our new zoning code. hfr. Treuenfels stated that he understood that some of the utilities in this case, especially the water, was served through.a co�mmon meter, so this Would require an association and bylaws. Mr. Boardman stated that he was not srzying they would not need an $greement in this particular case. They would have to have agreements for usage of that wAter and of how they would pa,y for that water and the agreements would tn ve to be filed witl� the deed when anybo3y purchased into that property. All the code says is that it must be submitted with the p1.An for review with the City Council and the Council can maiify it if they chase. But it doesn't say they have to have common ownership of land and it doesn't say that this is not a tawnhouse because it fits i;he town- house definition. It says a townhouse can be buiZt in An R-3 zone and the oniy requirement it doesn�t meet ia the 5 acre parcel. � . C01�QdISS20N 1�I"1'IP7C;, APRIL � PAGE 9 u Ei Mr. Hurris stated thnt then they have to,get back to eome baaic philosophy. Are we �pin� to a11ow this p;articultar type of activity? And also are we going to allow the individuAl oanershS.p of u double7 If we agree to allow it with a tri- plex then it follows that we ahould nllow it with a double bungalow. Me. Schnabel stated that thia is where we get into the question of density. What type of density do we want on a multiple living buildin6. Mr. Harris atated there ��ould be no problem with a rosr house but if it's a multiple etozy lilce a duplex there cauld be a problem. Mr. Boardman stoted that in order to qualiiy as a townhouce, there cannot be one unit on top of another. So in that situation, we wouldn�t be able to allow a split or we would have to split it under a coudominium type situation, or a co- operative type of eituation� which is similar to a condominiwn. The_problem is that the existing density is there and do we allow that density to continue? We �nay have to allow that density to continue bcccuse it�s existing. Nhat kinds oY probiems would we have if we go to ownership on those density or if we doa�t go to ownership on the density7 He dcesn�t see any problems other than le�al problems .and those legal problems are the problems of the people who buy into it. Mr. Oquist asked if we as a City should be concerned about the welPare of owners. Mr• Harris stated that as far as general health and safety goes, yes. Mr. Oquist stated that he meant should the City be concernecl if the owners cannot agree on repairs or kinds of siding� etc,7 A�'• Harris »tated that in a way we shcutd Uecause right now we require a license for this particular uriit and it's controlled by the �raintenance ordinance. We are �supposed to make inspections oi the unit. So, because it's rental prcperty, there j�re sane basic things we can do to keep a handle on it. If we go to this particular ';;Ye of operation, we don�t have that control. Mr• Boardman stated that $re We sqying then that we like rental property because of more control over rental p.roperty and theref'ore should we rent out all our sin�le fami].y homes because the ordinance states that in order to rent a single fami]y unyt a license is needed? With the license 4�e can control the upkeep of single fAmi]y units. llo xe want that control? Mr. Harris stated that his point was if they were so2d as ittdividusl units, then the City does not require a license. If there was an n3sociation, he felt the property stood a better chance of staying in goai conditian than if it was just three separAte parcels. He would feel beti;er about an association as £ar as tbe grounds held in common. D7r• Boardman stet�d that he felt there should be some common agreement betiaeen the property owners Tor maintenance of the structure, etc. if there was common owner- ship of the property. Houever, the way it�s platted there would be no common ocmer- ehip. Mr. Oquist stoted there wae common ownerehip Uecsuse there wsa a common wall between the unita. corm�zssr.orr r��Ir�a, n�j:, " PACF. 10 6 I �r• Roariiman ctqted that th�rc were no common wallc� there were double wqlla which ia 4 requirement of townhoueea. IL ie al�o a requirement of ovmer occupied uriite, He explained Lt�t there were two seriea of �tudc with A comaon space between those otuds. The rea�,on for that ia legal. If one o�raer causes damege to a w$11, it is his rengonsibility to repair tY,at darnAge, The Building Cale requirea two sepaxAte stud walls between two owner occupied units. �'• Oquist stated thr�t was n contracifction because there was another place in here thctt required they share a co�on wall. It wes in the townhouse definition. There- i'ore we do not have townl�ouses in Fridley because they do not share a coimnon wall. Tu'. Boardman stated that rental units such as apartments do not require double walls. Owner occupied units do require double wAlls, N1Y'. Oquist.asked if in this case there were doubie walls. Mx'• BQaraman stAted that was correct. �'. Schnabel st�zted that if N1r, Nitscheke didntt lire there� then he �rouldn�t of hed ta put up doub.le walls. This points up discrepancies in the zoning ordinance that we sk�ould review. She asked r�hat kind of walls a double bungalow Wo�d y�Ve. M�'. Narris Staied double bungalows were rental units� therefore they did not require double wAlls. Na'..fiarris stated that �ae cAnn't �o throuQh and plat this because it doesn�t fa11 within the �uidelines of our platting ordinunce for minimwn lot size. MI'• Board�nsn stated that the only thing it says is that a townhouse must have 3,00o square feet. Mr. Harris stated that no mg�ter khat they call them the� re parcels out of a piece of ground whether it's R_1, R�2 oryRa �k,ng three separate and 140 feet deep. Essentially they are cutting 80 feet into threes 8� feet wide Mr..Boardv�an aBked if t , Pieces, 1�at wssn t what i;:�ey do in a townhouse .plan. 1'u'. Harris stAted those were connnon �row�ds. What we�re doing is plfltting sub- standnrd lot�. If something happens to the ctructure, we tzre left witb 8 of ground zoned R-3 with less than 30 foot lots. paroel Ms. $chnabel stated that the P],annjng ��ssion had already approved the prelimina plat on this. � Mr'• Harric stated they may hsve made a mistake. If they go Ahead and do this they wouid be jeopardizing tl�e 40 foot lot deal. PLANNING C�P1MIS,ION MF.ETIIV,, A�IT, 7,g Mx'• Boaxdman atated they would have to decide on how to handle the issue. Mr. Horrie etnted that i£ they do it accordin6 to the townhouce ordinAnce� and they are c¢lIin� this a tocmhouae, tl�ey could say i;h�t all they were bt�ying is the lnnd under the townhouse and the rest of the land would be held in cormnon. }'1�'• Boqrdm�n stated that wax not A requirement of townhouses. Mi'• FJarric stated they could make it a atipulation. Mx'• Boardman ctated that our definition states strictZy what a townhouse building i� and in the townhouse area of the Buildin� Ca1e there ia no requirer�ent for ownership of the land just under the building. Ms. Schnabel stai;ed that maybe it wa� something we could make as a stipi:lation in approval of the plat no matter whQt pZat it is. M='. Harris stated he felt very uncomfor.tAble that they did it this way. Ii some_ thing happened to it and it was totally or over 50°o destroyed wl�at they have cre$ted is three R-3 lots o£ qbout 26 x 135 feet. Mx'• aoardman stated ihat the main thing they should do is change the definitions. The Co�ruissioners concurred. Mr. Boardman asked k�hat the3� were �oin� to do v;ith condominium�? i,�hat is our direction going to be for the oFmership for the previous densities which are rentali Nir. F�arris stated they were not changing the density. They wouZd not be doin� ar�y,. thing diFferent £rom what they were doing now. Ah'. Boardman asked if they would have a problem�with people coming in and ask to do thie. All they want to do is chan�e the ownership, not the density. Mr. Hex•ris stated that was the key point, He wctnted to make sure that people who buy into this are protected. Also, he wanted to n�ake sure that -�he City r�nd the surrounding residences are protected from the standpoint that the property will be maintained, His third concern wAS with puUlic services. That the City doesn't have a problem �•rhen they are sold. Mr. Boardman stoted that then our primary direction wovld be similar to �ome of the other cmmnunities. They don't have as�y problem As lor� a� the density doesn't change and that there are associat3on Uylaws that are drAwn up and attached to the deed. Mr. Hnrris stated he would have no problem with that. Mr. IIoarclmqn stated.that the main point would be to get definitions of condominiums� townhouses and pAtio homes. The Commissioners agreed. SJ PLANNINC CUMM7'SSION MGETITIC� APRIL 7.t3� i9'f9 - rncr � t�. Boardman ohrnred the Co�iesionera s design of a patio home. Ms, Schnpbel str�ted she was not aure che liked the concept of a pntio home in terma of density. Nm. Boardman stated they may l�ave to look at that type of unitc based on the chenging patterns of home ownerchip. Ms. Schnrzbel stated thst in the new pr.oposed code she didn't see where they hcid spelled out R-2 or R-3 Por condominiums. Mr. Boan3nan stated they didn�t and that was something they would have to get into. Ms. Schnabel stated they shou].d discuss the 5 acre min3mum £or townhouses. That is the question before Appeala in the variunce request. Mr. Oquist asked why we had a restriction of 5 aeres. Ms. Schnabel stated it probably came about when land wc�s cheapes and more avail.able. NIr. Boar3man �teted that they were looking at developments like the Darrell Farr Development where they have cozmnon recreation areas, etc., and in order to provide all the amenities that go along with tcwnhouse living, they felt that 5 acres was nece3sary. He questions {;he need for that at this point in time. hir. Harris asked to see a copy of the plat the Planning Cor�ission had approved. Mr. Boardmcan showed the Coum�i�sioners a copy of it. He stated that if they 4ranted to do it like a townhouse, they would have to aci;ually Plot out 6 parcele and the rest with common ownarship. Mr. Harris stated he felt very vncomfortable with the way that plat was. Mr. Roardman stated that it boiled down to a policy decision. Mr. Hnrris stated he felt they should plot it into 6 parcels with corr�on ownership for the rest of it. I�. Boardman asked Mr. Nitscheke if he had n problem wi1;h that. Mr. Nitscheke stated he would not. Mr. Harr4s actked if the attorney had seen this. Mr. Doardman st¢ted that he had looked at it And stated he didn�t bave any problems �rith it as long as it me{; the requirements of a trnanhouse and as long as.they got a variqnce. Mr. Oquiet stated that the attorney also wanted to review the c�ssociation by laws. Mr. Harris stated he vould feel much better with it this wqy. � � 1\ PT.A1dNING COI�IdTSSTOP7 1�:f;7'IfIC APRIL lb, 2979 - ��. _ - _. PAGE 1� . Mn: Schn�tbel rzaked if the Counnicsioners then felt that the 5 acre requirament ie still v�ilid. Mr. Ifarria stated that on all nerr construction, yes. Mr. Oquiat BtAted he Wacn�t sure he would go along with that. MI'. IIoardrr�n stated there were ways to Bet around tl�at, Mt'• iiarric stated that they should maybe set up the townhouse ordinance a little bit different. . Mr. Oquist stated he would like -to eliminate the term 5 acres and set a certain percentage for green area, MY'• Boarclman stated that was already said. In an R-1 they axe allowed 1 unit Por every 9,000 square feet, in an R.p they are allowed i unit for every j,000 square feet and in an R-3 they are allowed 1 unit for every 3�000 squsre feet. 1�'. Oquist stated they could then eliminate the 5 acres, but in an R-1 area for single £amily they have a 25N lot coverage for green area. I�ybe• they should do something like tlzat for townhouses. Ms. Schnabel asked why they said so maz�y square feet in R-1, so N,��y in R2, and so mar�V in R_37 r�'• Boardman stated that the philosopY�y was that they want to maintain a certain density in each zone. �'. Leek stated that the philosophy derives basically from the values of the cormnunity, Mr• Harris stated thr�t he would like them to retain the 5 acres for a townhouse @evelopment because it has worked fairly well up ir� now. He asked Mc. Schnabel if che needed an answer i�ediately. He £elt this should be taZked about. Ms. Schnabel stated thet if what they have discussed is the direction they want to take t�nd ii' they want to make a proposal and vote ori it, she kould tHen take that back to the Board of Appeals and they Uould act on the request. They had tabled the request. If the Plannir.�; Commission felt it needed more discussion, maybe they should taUle the discussion. She Also asked if tbe Commimity DeveZopment Comwi.,sion would be interested in looking at it. Mr. Oquist stated that he felt they would, He felt the first-eleven questions were thin�s ihey should taik about c,hen they discuss the ordinAnce. Ms. Scl�nabel stc�ted that her impression from this discussion wa� that provided tha proposal for replqttinb would be ciinnQed,ctt the Council level� tl�en philosophically, the Plannin� Comanission would have no problem with any tri-plex being converted into a townhouse claESification if it fulls into the townhouse guidelines discussed here. Tn other words common prppez-ty and individual property ownership. 1`'h'• Oquist at4l;ed he would like to clarify one potnt. When ve talk about common property; it is tha land left ovcr. Tl�e association would be renponsible for mainteru�nce of the comrnon property And the building �jntenance. Thai xoul3.be Part of the by laws, Ma. SchnabeZ stated that thett shc� understood that they hsd no problem With converting tri-plexes such Qa this to townhouses provided the lot size remains �enerally comnon as�thetdensit tdoesnnt chanre.�heShe co•:r1d takenthisdb�ck to the puhjp and as long und f'elt t y � � and double bungal�sst Thethhsd questions should be discussed alonPe$ls Coannission If the density isn�t y a 81so touched on the ��th duplexes going to ct�n�e, Lhat woul,d notPark and open space situation. ssi.d th�y h$d also discussed talcing, Sor exar.iple� themstrip ofdlandracross the atreet from 1✓�r, Nitscheke's property, which is currently zoned industrial zoning it R_3 and a series of trnmi�ouses were put on the ro less than a _ , and re- 5 acre site� but would be coa�patiUle with the nei� bo�r.boo3.would be � they like to see something like that done7 � Would Mr• Harris stated he wouZd like to thin� abaut that. Ms. Sclu�$bel stated that another thing they h$d discussed was the ntmiber o£ She understaod that there was no requirement £or number of development, but there is garages. e garage requirement for d gare�es in a trn.n�Yiouse apartaents and single fami�,, uplexes, double bua�alows, Mr. Bo�t�man st�zted there were no requirements for apartments. Ti�at yr�s pa�.king spaces. �'• Hsrris stated they. should address that in the t m„*nhouse ordinaaee. Ms• Gchnabel stated that there should be scmething in thQ minutes to indicate if they hpve had a change py mind on the re-plat. , Nh'. Boardu:�n stated t2�at since Planning hed already responded to the initiA1 p2$t, the,y could say it�s au indication of tbe Planning Coamrzssgo� tl�g the converting this type of ur�it aust be similar to a townhpuse area ial�ich 4rould require ��nnon open s Policy for pace plans and that they recous�end.that these type of situations be considered in the re-writin� oT the ordinance for policy direction and iu the mean time the Appeals Co�aission could,qct on the variance with those conditions. Ms• 3chnabel stated that Appeals h�d no power over the re-plat. �. Boardman agreed and stated that sl�ould be included wi.th the platting. He £elt 'there should be an indication to the City Counci.l that this should be looked at by separate ownership under the units with coramon ownership of property and they ysyh�ould make a reco�nendation to Council that the plat should be mo3ified to reflect witA 4 . Ms. SchnaUeZ suII6ested that thc qppe$�,s apProve the variaace wiih the sti tliat Plr�vning reconsider the replat. Pulation s r� cor�rs>zoN r.��rrtac APRIL lfi, �.97� ---_ 6^J MdPION hy Mr, Oquiaty seconded by Ms. SchnAbel, thr�i; in light of recent discussion and a reviec� of the rropo�al, Lhe P1¢nnin� Couunission wishes to ehcu�e it's recoimnendation concerning P,S.7�_O1 as follrn:s: That the property under the exir�ting dwellings become private os,mership and i:he rest of the land become ground held in ca*amon which ��ould be consistent with existing townhouse developments as currently knrn,m in Fr�dley and the Planning Commission further recommends there be ascociation by �.aws to coni;rol the operation of those common properties. UPON A VOIC� VOTL� /�, Vp,2NG AYE� CHALRMAIQ IiARRig DECLARED TAE i�'I'ION CARRIID UNANII•iOUSLY. Ms, Schn$bel stated ihat she would take that back to Appeals and they would act in light of this discuscion, Mr. Fiarris askefl for more discussion on the Appeals minutes. Ms. Schnabel str�ted that the rest of the items could be discussed When they review tbe zoning code, Mr. lfarris stated they could then vote on receiving the Appealc minutes. UPON q VOTC� VOTE� ALL YdPING Ai'E, CHAIRI�f/�N E3l�RRIS DECLAFtED THE Ni0TI0P, CARRL�D UNAr,IMOUSLY. �' ��.''CL''IVS' IiUMAN RESOURCES COi�'u1ffSSI0N MIIVI3I'F:S• - �/ -/Il• MOTION by Mr, Oquist� ceconded by D4s. Schnabel�•to receive the April 5� 1979, minutes of the Human Resources Commission. Mr. Harris stated that the discussion rrith Mr, Sauxider's at the last Planning Commission meeting indicated that the Hiunan Resources Commissiou would like the bhairman of the Plonnin� Corrm�ission to present the proclamation for the Year of the Child to the City Council. Is that wl�8t the Hun;an Resources Co*nnission decided? Mr. Treuenfels stAted thai; they had decided to put it before the Planning Co�mnission and see what the Planning Cor,unission wAnted to do. Mr. Iiarris asked when they wanted this to come before the Planning Cormnission? Mr. Treuenfels stated I�e wou2d like it to be discussed tonight. He pointed out that a copy of the proclemqtion was on page 1 of the minutes. Air. Iiarris stated that after they receive the minutea, they couZd make � motion re�arding this. �'•.L[ingenfeld asked if they had selected a person for the Hundicapped Awareness Week? Mr. Treuenfels stoted thrxt he had contACted hia friend and his friend NAS intereeted aad would epeAlc on wl�at life w4s like for a handicapped person and also the legnl aspects of Ueing hundicapped, .i Me. Schnnbel year that one places. �tnted that it had emne to her attention during the electiona last of the problems handicapped people had was getting to the voting Mr. Treuenfels stated thot they ahould be more aware of the problems of handicapped people to attend all civic funetions inclwling voting because of the inaccesaibility of buildings. He indicated that they would look into having a central locotion for handicapped people to vote at. UPON q VOICE VOT'E� ALL VO'.PIPdG py�� CIiAYgMpN Itl�RRIS DECLARED THF. MOTION CARRIED UNANItdOUSLY. MOTTON by Ms. Schnabel� seconded by Mr. Langenfeld� that the Plcinning Co�issiou concurs with and encourages the Iluman Reso�zrcec Co�ission to present the proclama- tion Sor the Year of the Child to the City Council. Mr. Harris asked t+�. Treuenfels who they wanted to make the presentation. Mr. Treuenfels £elt it would be nice if both tdr. Harris and himseli made the presentatioa. Mr• Harris dgreed. UPON A VOICE VOTE, ALL VOTING AYE, CfIAIRMAN FIpRRIS DECLARED THE MUTION CARRIED UPIANIMOUSLY. 5. REG'�IVE CONAIUNI*PY DEVELOPh�NT COD�'I, SSI�N MINUIES; ApgIL 10, 1979: MOTIOTd by N,r, Oquist, seconded by Ms. Schnabel, to receive the April 10, 1979, minutes of the Co�unity Development C�nmission. Mr. Oquist ststed that Mr, Boardman and I4r. Leek had presented the Comprehensive Development PZan. Tcro of the members didn�t have a cop5�, so they scheduled a special meetdn� Por next Tuesday to finalize the discussion. H� also stated they had held elections and he was electe3 chaix�an agnin. UPON A VOICE VOTE, AIS, VOTING AP�, CIiAIRt�N HARi�IS DECLARED THE PdOTION CAFiRIED UNANID90USLY. Chaiz�van Harris declared a recess at 10:15 P,M. and reconvened the meeting st 10:25 P.f". ----- - ------- 6. CONTINULD; DISCUSSION ON DR�1FT OP COh1PREiI�NSIVE D�VELppbiENT pLqN; Mr. Harris stated thet at the last meeting they got into lAnd use patterns. �he minutes of the lost meeting indicate they had a lnng discueslon on residential lsnd use. He asked Mr. Leek where he wanted to stqrt the discussion. ' AS�'. Leek stated that he would like to loolc at the input from the Parks aud Recreation Commission. Ifr. Harris stated that in view of the fACt that the co�nission member from Parks and P.ecrer�tion was absent toni�{ht, tl�ex should hold off on that. Mr. ieek a�reed. PLANNING CO"4MISSION MGT;TIPIG� APRIL lfi, 1979 - PACE 17 � P Mr. Harrie suggested they discu,s thc environmentaL section. Mr. Boardmun stated that until tl�ey hud the input from the Environmentel Commiosion� they could ponsibly discusa just the generalities end concepts throu�hout the document. • Mr. Harris su,ggested they teke it in order. Mr. Boardmnn stated they should talk about the �eneral concepts for the planning process. Under land use they were looking at the number of hw sing units required� dencity� and what effect the additional units would hAVe on the City. That's what they were loolcing at in the policy under land use. Under the resources section� the prime thing they were looking at was whAt kind of qunlity standard they would try to set up Por the City as far as a natvral r.esource base for the City. What is the effect oP wetlands? Wh�t is the effect of developing the wetlands? What are the effects of maintaining those wetlands as to the control oP water flow 1�ith- in our area? They will be looking at thece things in other eoummunities also be- cause all of the wetland areas are supposed�y recharge areas for the grouud water which is 3efinite�y ef'fectiu; the City of Fridley becau�e of our well system. Another thing to look at is what is our policy going to be in the direction of �rater clarity. We have a lot of problems with non-point source pollution, There Are a lot oi things we just started talking about in the last three or four years as to how they are efPecting water recharge areas, the clarity of water, the quality of eater with Mmtro Council�s 208 Plan. One of the big issues is the Moore I�alce area. The lake area is dying if not already dead particularl,jr if we're tr,�ing to protect it. The � problem is the water discharge from residential streets and everythin, tb�t go into these ponding areas that are essentially filtering areas in order to filter the water before it flows into•the river. Should ��e be looking at Moore Leke as anything but a filterin� area? These types of questions should be looked at. Mr. Iiarris stated he Would have to take issue with Mr. Boardman as far as Moore Lake Ueing dead. It mny be dead as s lake� but is not dead.as far as what Aioore Lake real�y is. Mr. Boardman stated that "dead" was just an expression. Are we trying to bring Moore T,ake Uack to something it shouldn't be in the iirst place? Are we trying to mnke it more than what it is? Some of the other Areas we have to look at is that we have a Rice Creek Tdt�tershed L�i:,trict wii;hin the City that controls the flrna of Rice Creelc idatershed and controls the quality on runo£f within the Rice Creek area. fIowever� there are other areas within the City of I'ridley that have no controls. They are out of the control of the Rice Creek h'atershed and the only controls are from the City. There are other things we sbould look at as our runoff goes into the Missiseippi River. Under the 208 Plan there ere suggested quality standards. Mr. Leek stated that the 208 Platt essentially establishes the standards that have to met Uy 1933 in terr.is of the inhabitability of water for wiZd life, flora, fauna� and in terms oP recreaticnal standards. Mr. Boardman stated these were the types of issues in the environmental section that we should deal with snd look at. • PLANNIPC CO1RdISSI0P1 MF�TING, APRIL ltt� 19'(9 PACE ltf 6 Mr. I�onrdrnan stated that other things in the environmeni;al aection woul.d include a'poliCy on eneray in thia eection. . . Mr. Leek stated they were looking at incorporqting sarne statements with regard to ener�,y concervation nnd enerpy conscientiousness in Pridley: This aection also addresses in it's policies uir and noiee pollution, and other issues. In Fridley the prea that ceems to get hit hardest io water and water quality because one o£ the most important and unioue resources for Fridley ae n metropolitan comm�w- ity is that our driniting water supply doesn't come from the Mississippi River but ratber froc� ground rrater recharge area and it is extremely important that we main- tain not only the capacity of those recharge areas but the quality oY v�ater entering those rechar�e areas and that is the function of .drainage f'rom surroundin� areas into our co:nmunity and a funetion of the way that the water filters in the recharge areas. Mr. Harris stated that on page 15 he had a problem with e atatement. He referred to the last paragraph on that page. Mr. Langenfeld stated that he had noted that the current capital expense may be , minimal but concern should be towards overall impact and cost: Mr. Boardman stated that the question on that would be "what is minir.,al7" No matter whether they feel the costs are minimal, i.;hey are beir� developed and the reason they are being developed is that they are marketable. IP i;hey are marketable then the cost must be minimal to the point where they are going to get their money out of it. � R�. Harris stated he was looking for a different way of saying thai; or saying ii: difYerently. Maybe they should say something 1;o tlie effect that A1r.Langenfeld alluded to. ' Mr. Leek asked if he was s��in� that current market conditions for this kind of land makes it cost ef£ective? ' Mr. Harris stated he would feeZ more comfortable with that. He stated that he had a question on pa�e 16. He questioned the statement "the Mississippi River has the potential to become one of the City�s £inest amenities for recreational purposes". ile asked what they were saying there. Mr. Boardman stated that referred to cattoeing�.viewing, overlooks� and bikeways will be developed along the river. � Mr. Leek stated that in Park Planning there is a kind o£ prioritization of facilities snd amenities that it's nice to have and the firct of thoce is wster. In any kind of recreational f4cility it is advisable i;o have some wrzter body or wa'�er course which adds visunl relief and psychological],y ties the person close�y to the site. The river is that kind of amenity even if it's not useful for the kind oY wide range recreation¢1 activities in sane of our areas. PLANNINC COMMT55IOIV MCE'pINC AP'RIL 18 1979 PaG� 19 Mr. Iiarrie atnted tiic;t when he rend that stAtement it mieled hiro and he got the feeling that it wes Por boatin�;, fi�hing and swimi.nl; which ia not true during a].1 � season3 of the year. Iie felt they chould clariiy i;hqt. Mr, iiarris referred to page 17 re�¢rdin� the diocusyion on Moore Lake. Iie asked if the Planning Co�icsion ehould take a posii;ion on Moore Lake? . Mr. Boardm�n stated they should loolc at it in the Parks And Recreation section ss a potential recreational baiy and what it co•ald be used for. There is e problem when we look at the amount of money it would cost to bring it back to A usable recreation source for swi�ning. t[e felt that ifoore Iz�ke was total,y acceptable Por po�sibly £ishin� and canoeing in one area. Also it provides a visual 3ite. But they should look•at L-he actue�l uce of the water Por a recreationa2 use such as swiuuning. Ms. Schnabel stated that she found a contr.adiction on the bottcm of pa�e 17 snd the top of page 18 where they ta].k about haw bad the lake reall,y is and then they say "but" �re will remedy that because they have already initiated this program to pre- serve the recreai:ional and aesthetic value. Mr. Leek stated that the present situation is that the Ci.ty Council has taken.the position that Moore Lake can be saved as a recreetional and aesthetic amenity. They Pelt it necessary to report i;hat fact. • Mr. Lengenfeld stated that they made t�at statement by saying "if successful." Mr. Leek st�ted they ihzrther qualified the statement by saying the nvmber of years and according to tl�e consult�znt it would be 10 years. Ms. Schnabel stated that in readi� it it seems contradictory. She suggested they 681Y "maY" rather than �"will" . Mr. Boardman stated that the statement "if the.project is successful" would take care of that. Ms. Scnnabel stated that if she were on the bietro Council and read this section she would think that the City is not follouing �ahQt it just got through s�ying on the previous page. Mr. Langenfeld agreed. Mr. Leek stated he did not real2y see a�y conflict because what is essentially being said is that Moore LFZke is a lake in the process of becomming what it originally was� a marsh. And because of that the conditions of the w�zter are not currently suitable ior swimmin6 activities but at the same time it is possible to undertake the effort to bring the water qiwlity up so that it is suitable for s�oimming and there we are lookin� at 1;he kind of policy determination that Mr. Boardman And. Dir, Harris mentioned, and that is, is the cost of doing that wori;h tl�e results. We donTt attempt to make oi�y judgement about that. GR PIJIPIF1IpIC COMMCSSION MI�'TING APRIL 18 1979 PACE 20 % S Me. Schnabel stated thqt her point was that th�ir doubta about that were coming through on pAper. Mr. LringenfeTd stated they should look at the cauae of the problem. He £elt it was the runoff into the lake. Mr. Boardman stated they addressed that on page 17. Mr. Langenfeld stated he understoal thnt but questioned whether they were to 1;ake any action i;o eliminate that cause. - Mr. BoArdman stated that would hAVe io be a policy statement. If the City is goin�{ to take action to diveri; the storm �ewers-or do soaething� the question that will come up is is that inappropriate at this time when one o� the purposes of Nfoore lake is a filtering process. Mr. itarris stated it was very valuable fox that. He stated th$t if everything west of the highc�ay were in cattails� it would do a better job. I�'. Leek stated thAt there is a determination that hasnTt been made in the City yet and the question is ii' it's more valuable as a recreational resource for active recreational purposes or is it more valuable because oP the function that it fills. Mx'• Iiarris stAted that l�e felt that no natter what they do, it's going to do wbat it wants az�aa5�. I�lr. Boardman stated that the City could force it into a laice� but it would be very expensive to do thr�t. The policy direction at this time is that the Council is taking e£forts to modify or redirect the use of Moore I�ake as more oP an active use area. The question is if that�s the policy directzon we want to go or do we want to 1et 2doore Lake go Uack to it�s natural 'state as a filtering system. Mr. Leek stated tbat the consultrznts report indicates that even given the kinds of efforts �uch qs diverti.ng the storm sewers away from the Lake� their calculations indicQte that the City is looking at Moore Lake in ten yeaxs as being at the same level of pollution and congestion as it is now. Then similar etforts would have to be taken. Ids. Schnabel asked where they covered it in the policy plan: Mr. Boardman stated that was the direction fro� the City Council. Ms. Schnabel stated they should address it then. Mx'. Leek ctated it was addressed getteral�y on pAge 31�� but Moore Lake was not specifically addressed. Mf:�TINC _ PACE 21 6 T Ms. SchnAbel ctated Lhat she felt that this i�sue wa3 not adequately addressed. Mr. Boardm�n questioned whether it should be addreesed in a policy p]rzn or in a system statement. Ms. SchnAbel stated they should do it in both pleces because the system really follows the policy. Mr• Leek stated that he understoal tha1: Ms. SchnAbel was sayinb that neither the policy plan nor the system plan address specifically the question oY Moore Lske. Ms. Schnabel stated that was correct. Mr. Harris questioned the statement on page 33 under 53�-1. �1. He questioned the first p$ragraph in that section and stated he was not sure they could htxve all of those. Mr. Leek stated that was taken from the 208 plan. r'�'i�rris stated that when you say recreation in tbe water� people think oP ng and boqting, and the water crsn�t be everything to everybody, He felt that the City has to be commitLed to actua7.],y tryin� to do it. D`�r. Boardman ststed they could change the word "promote" to '1provide". He noted that the Parks end Recreations Conuc:ssion had recorm�ended this throu�hout. He stated that these were issues that had to be brought up. Na'. Leelc stated there was A potentially a gap in policiec in that area becAUSe we haven�t addressed the responsibilities of not oa7,y the City but of other agencies that are violators.of good surface control runofP measures. Mr. Langenfeld stated tha't when he read it he had made.the note "make it stick". Mr. Boardman asked if they wanted more discussion meetiugs before they received input.fram the other co�issions. The CouIInissioners agreed to wait for the other co�mnissions. MQTION by bir, I,an�enfeld, seconded by Mr, Oquist� to continue the discussion on h� e draft of the Comprehensive Development Plan. UPON A VOICP VOTF,, AJ,I, ppr2NG AYE� CHAII2MAN IIARRIS DECLARED THE D:OTION C.4RRIED WiANIMOUSLY. 7. CONTINUED; pROPOSID CFiqNGES IN CHApTER 2p5. ZONING: � MOTION by Mr. Oquist� seconded by Mr. Treuenfels, to continue the proposed changes �n Chapter 205. Zoning. UPON A VOICE V�TE, qiy VpTING AYE� CHAII�MAN IfAf;Rig •DECLARED THE M(JPION CAfiRIED UNANIMOUSLY. 6 • PLANTITNC COP�1ISSION N��TIP1G APRIL lg, 197� PAGE 22 6� . 8: omF¢�t noszrmss; . Mr. Harrie acked what co�iasions had not yet held elections. Mr• Botsrdman stal;ed that Parka and Recrention and the Appeala Co�i.ssfon had not yet held theirs. MOTION by T+Ir, Langenfeld, seconded by Mr, Treuenfels� to adjourn the April 18� 1979, meeting of the Planning Couu�ission. UPON A VOICE VOT�, ALL VOT'IIdG AYE� CHAU2MAN HARRIS DECI ARED THE MEEPING ADJOURNI;D AT 11:10 P.M. Respectfully submitted; 1' �> ,.��° �.1��-�, xatny i5helton� Recordin� Secretary. / �: �'. , ,�„�d� ...<a,,,.,�a+� ' Ar rCa� �m'r�a,�4y��y r .'i u'..�/�: ..•y„�„„,y„,y �' '`` �. /��5� �- _... �si� �a`�.. � �� li� ��J�s7.r�� 6431 UNfVERSiTY AVENUE N.E., FRIDLEY, MINNESOTA 55432 MaY 2, 1979 T0: CI7Y MANAGER AP�D CITY COUNCIL FROM: F1IIRVIN C. BRUNSELL TELEPHONE ( G12)57f-3450 RE: An Agreement permitting residents of the City of Mounds View to connect to the water system of the City of Fridley The City of Mounds View has made a formal request asking that some of their residents be alloo-red to connect to the Fridley water system. We presently have an agreement in effect permitting sewer customers in the City of Mounds View to connect to Fridley's sanitary seu�rer system. We also have an agreement vfith the City of New Brighton whereby residents of the City of Neo-t Brighton can connect to both the water and sewer systems of the City of Fridley, The agreement provides that the residents of the City of Piounds View would pay an equivalent latera] charge for the privilege of connecting to the system. This means that the,y would in effect be paying a lateral assessment for the privileqe of using the water main. They would be charged at the same rates as other customers. MCB:c / GATEWAY <�� ., � �� f . , , � � �r. .� � �,� � o ou� s iet� TO THE NORiH April 17, 1979 Mr. Marvin C. Brunsell Finance Director 6431 University Avenue N.E, Fridley, Minnesota 55432 RAMS6V COVN7Y,MINNESOTA 2401 HIGHWAV 10 MOUNDS VIEW, MINN. 55112 �: Fridley Water Usage Agreement with Mounds View Dear Mr. Brunsell: This letter is written pursuant to our phone conversation in early April, Please consider it as a request from P4ounds View to enter into an agreement for Fridley water usage. Should you need any information reaardinq this request, please contact my office (784-3055), Sincerely, TY OF MOUNDS VIEW _ � ` � Y � � Steven A. Rose Building and Zoning Official SAR/sa cc: B. Anderson (file) 7A A6REEMENT QETWFEN THE CITY OF FRIDLEY AND THE CITY OF MOUNDS 1�IEW FOR THE PURPOSE OF.PERMITTING CERTAIN RESID[NTS IN THE CITY OF MOUNDS VIEW TO CONNECT ONTO THE CITY OF FRIDLEY'S MUNICIPAL 4JATER SYSTEM ' TNIS=AGREEMENT, made and entered into this____day of 19 , by and between the City of Fridley and the City of Mounds View; WHEREAS, it is mutually beneficial that certain residents of the City of Mounds View be permitted to connect onto the water system of the City of Fridley• NOW, THEREFORE, it is mutually agreed as follows: The certain property ' fronting on Stinson Boulevard (Pleasantview Drive) in the City of Mounds View be permitted to connect onto the City of Fridley's municipal water system sub,iect to the following conditions: 1. The type of service to be connected shall be limted to one-family residential units only. 2 3. 4. That the residents of the City of Mounds View who propose to connect to the utilities of the City of Fridley apply to the City of Fridley for a pehmit to. connect. The application for permit shall include a copy of a survey describing property to be connected to Fridley utilities. Said survey shall be certified by the City Engineer of Mounds View as being a correct representation of the property to be served by Fridley utilities.•• That the residents of the City of Mounds View prior to obtaining a permit from the City of Fridley shall pay to the City of Fridley the equivalent lateral charge•as is called for in the City of Fridley Ordinance No. 113, the same as is being charged to the residents of the City of Fridley who connect to the municipal system and who haye not previously paid a lateral assessment. The rate per foot charged for the equivalent lateral charge will be recomputed at the end of each year. That the residents of the City of Mounds View who connect to the City of Fridley utilities shall be subject to all codes, specifications, rules, regulations, and inspection of the City of Fridley insofar as they relate to this agreem�nt. 5. That the City of Fridley shall notify the City of Mounds View upon canpletion of each utility connection. 6. That the resi dents of the Ci ty of Mounds View wi 11 pay to the Ci ty of Fridley water use charges at the same rate as is charged residents of the City of Fridley. 7. That the City of Fridley wi11 have the right to shut off water to residents of the City of Mounds View who do not pay the appr-opriate charge for the services received; also, the City of Mounds View will pay to the City of Fridley charges which have not been paid and the City of Mounds View will assess these charges against the delinquent property in order to be reimbursed. 1B Agreement - City of Mounds View and City of Fridley ' 7C Page 2 The City of Fridley wili, pursuant to the above conditions, permit the above named properties in the City of Mounds View to connect to the municipal water system of the City of Fridley. This agreement shall be perpetual, subject to the above conditions. ' Monies due for the privilege of connecting to the existing City of Fridley water system shall be paid before construction is comnenced or connections made. The City of Fridley shall be responsi6le for the maintenance of only the water lines and water services with the above described streets. - Should the City of Mounds View sometime in the future provide water service to properties to be served by the City of Fridley under this agreement, the City of Fridley shall pay to the City of Mounds Yiew any and all lateral charges paid by residents of the City of Mounds Yiew to the City of Fridley under the terms of this agreement, such payments by the City of Fridley to the City of Mounds View shall be in lieu of any additional water assessments against ihe existing dwelling unit connected to the City of Fridley system. �nspection of water services within the street right-of-way shall be done by personnel of the City of Fridley. All inspections outside.of street right-of-way shalT be done by the City of Mounds View. ' This agreement shall be binding and effective upon the appr.oval of the respective councils of the City of Fridley and the City of Mounds View. Agreement — City of Mounds View and City of Fridley • � Page 3 IN TESTIMONY WHEREOF, the contracting parties hereto have caused this agreement-to be executed in their behalf by the proper officers who have been duly authorized to sign on behalf of the municipalities and have caused their corporate seals to be affixed as of the day and year first written above. ' in Presence of: (SEAL) (SEAL} THE CITY OF FRIDLEY By Nasim M. Qurnshi, City Manager By Will�am J. Nee, Mayor TfiE CITY OF MOUNDS YIE4J � City Manager By Mayor � IN CITiG Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 . Area 612, 282-6359 Mr. Jerry Boardman Planning Director City of Fridley 6431 University Ave. S.E. Fridley, MN 54421 February 16, 1979 Dear C,.?i�/�y � � � The staff of the Metropolitan Councii recently met with Louis Kowalkski of the U.S. Army Corps of Engir.eers to discuss the possibility of a Corps study of riverbank erosion, causes, and poYential solutions on the Miss- issippi River above Minneapolis. If the dollars and manpower are available, the study wi)1 be done this year. If your city wants .to be included in this study, Mr. Kolwalski recommends that your cemmunity do the following: Have the city manager, administrator or persan of similar authority, send a letter of request to Forrest T. Gay I11; Colonel U.S. Army Corps of Engineers; St. Paul District; 7135 U.S. Post Office b Custom House; St. Paul, MN 55701. In the letter indicata tndt the city has been experiencing periods of serious riverbank erosion and requests technical assistence from the Corps under Section 55 of the 1974 Water Resource Development Act to determine ways to minimize or eliminate t;�e problem. Irdicate that this matter has been discussed prev.iously witF f.crp, artd Metreo�]itar, Council personnel, Provide the Corps with the name ofi a tocal sta'r p�rson who can be contacted for further informatian. it is my understar:�ine that Lhere will Se no cost *o the local commun?;y to perform the study. If you need further information contact me at 2g1-o410 or Louis Kowais!<i at the Army Corps offices at 725-590i. Yours truly, � Cart J. Schenk cc: Jim Barton, Metropo)itan Councii \l;uncy Croati>d Lo Coordi:iato thn I'liu�ning ai�d Di�vi�lo�>mocit of tlie Twin Clti<YS Metropolit:ln Arou Cn�npriNing: u� County V Curvor Cuu.ity U Dnkuto Count .> . 'y I;�+i��+pin County O Rnmeoy pumity U Scott County V by�y��»g�on CounGr : ., CITY OF FRIOLEY 8431 UNIVEpSITY AyENUE �N.E., FRIDLEY, MINNESOTA 66432 TELEPHONE ( 612)57�.3450 Aph,i.0 30, 1474 . Ca.Cane,2 Fo�uce,a� T. Gay III U. S. Anmy Cannd o S Eng�.nee�rb Sa.int Paue D.i�.t/u.c.t 1135 U.S. Poa�t Ubs.i.ce E Cu,e.tom Houae Sa,i.n.t Yauk, Minne,�a.ta 55101 Re: S.tudy os Ri,ve�cbanh �rtoa.i,an Deax Co.2ane.0 Gay: I.t ha.s came �si my a-tten,tc:on .thczt .the Me.t�wpo2,i-tan Caunc,i� haa 6een -in cuw.ta�c,t uai.#h yowc oagan.i.za,tr:on .ta canb�.den a a.iudy os �r,i.ve�c bank ucaa�.on a2ong ,the M-i.sa.i.aa�.y�� Ri.ve�c .i.n ,the no�r,th �ubwc6an cucea. The C.i,ty -i.6 conce�cned, aP.so, abau,t fihe �u:ve�c bank ehoa�,on and hab expeh,i.enced home ae�u.aua ehoa�.an p�ob2eme ,Ln fihe pa�s,t, cu�d wou.ed .P.c:he .to be .inc,Cuded �.n .th,i,b a.tudy. I.t -i.a aR�so my unde�s-tanciing ,tha� � Sa;�X,s undeh Secfi,i.an 55 05 .ti�e 1474 Wa.te�r Reaawcce Deve2opmen-t Aat, wFu:ch p�uiv.i.de.s �oK �echni.caC �b�.tance Snam .the Conpa .to detefuni,ne wayh �:o m.i,n.i,rru.ze an e.Ztrru:na,ie .the pa.ten-ti.a.0 e�wb�.an pnab�ema, and .tha.t ,tJ�ehe wau2d be no cab.t .io �he cammuri.i.iy �on ,tyu;b deJr,v�.ce. M�c. Juuco2d Sawcdman, C-i,ty P.�anne�r, u�i,Ce be .the a.ta55 nepneisen,ta-t,i.ve Soa .the C.i-tN �oh .th,i.a e.tudy and wou,2d be happy �o cwa.i.a.t you uei.th an.y �-n�auna,t,i.an you may need, 07 any quQ,6�i.o� yau may have. Si.rtee�r.e.ey, MASIM M. QUR�SNI ��N Manage�c uMQ:.�k . cc: Ccvr,Q J, Schenh, Met��opaCi.t.an Caunai.Q �] MEMORANDUM T0: Nasim Qureshi, City Manager FROM: Marvin C. Brunsell DATE: April 23, 1979 RE: Christenson lease option On September 1, the City of Fridley entered into a lease agreement with 0. H. Peterson for the Christenson property. This lease will expire on July 31, 1979. The City has the option to extend the ]ease for two additional one-year periods if it so desires. The City must notify the lessee in writing at least sixty days prior to the expiration of the lease if the City intends to extend the lease/option agreement. This means we will have to notify Dr. Peterson sometime during the month of May 1979 in writing if the City wishes to extend the lease for an additional year. MCB:c 10 MEMO 70: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director � MEMO DATE: May 3, 1979 SUBJECT: Encroachment into University Avenue East Service Drive The Public Works Department has been working with Super America and Valet Motors to establish a loop back on University Avenue East Ser- vice Drive, south of 57th Avenue> The Service Drive is proposed to be constructed by Super America in conjunction with a service station/ convenience center, A Special Use permit and a development agreement for the proposed development have been previously approved by Council. In order to facilitate loop-back construction, it is requested that Super America and Valet Motors be a7lowed to encroach into the public right of way of the service drive, which has recently come under juris- diction of the City through turnback procedures, with the Minnesota Department of Transportation. Concurrently with the start of construction, the normal vacation proce- dure.would be processed. . • It is requested Council consider the encroachment at the meeting of �Y 7, 1979. RNS:ik �� .'!.,' . � �.. � i � �- �"�� , . �� 10A' ? . : _____ _ .__ . _ __ �� r �� -- _ __ _...__: -- .t x '-� 7 � Q%�'._, i._.._ .. _ . � Is/Y��njp .C�..��i a.r��G,fa:!✓ � � -�.._ . • 1 � .j . � � • ,.,,, �:._ ` , , l1 �� , . --- - ,�.. � , �,` � -r.�:- �. •• . , � +•.,� • ',;, � � ''� `I �'. � 'i ,` �3 J'J 9�ltJ �\ {, .,,. _._._ . �� j ; ',� �� !� l j �� :,v r�, �\; ,.;, -i'� , _ : �n' ' -=. ' Y . �� , �, , �, � ; —� � . y :e; „ � � � `, � � i- � • -�--- -�� .� � � g 1 i r ''� �'1 � ` � a g v � ' � � �', �-- -- - - _ y� I 1'�'' �� ti o xs �� j � � �' � + t � za � �• �� . fl k , �, `, ,� , ,�. ., ;, , � l� 1�'`, ^ :, `�' � __ , ��^fi � �� ° N, ti � ; ,� � �' � � i � ' --- — �, ` �+ , y ,�.� �� ; � �, � _` ; `` i .: ��:�,,�� > I ;': v� �• • ; , � � zE �, f� , � ,� y, 1 �', ', � M ``. �'.. 7� ��. ` ' i 1, ��. t.. � I � .n � j �_ �' � � ��. � � "' " 1 �I � i � ,� � "„ti`.._��\,\� F -�- --. . .�e � �ii�� r� n � � �\/ i � 'r �i �AQ� \\. ,/ 'l:bz• - \ � � 1 �;� �' 1 `' /�/s� `1 aac^ , �. `�\�/,\\\��ao i � � .� i I NBJla �x(J r,� .' � � `\ ,.� -r�-" 1 ��Snd. , � ��\\��h�..,��p��''p�Y,7i �.� yF:.rea w �y j V� ( /. � . _ � � �. � � \ > i��,l��°- : � �/ . �/({%�i j �V : � yti� wra�,aw I j� _'_- ,� ��,a`°..�� -_� � .��; �` / � • j �ieq�.C•(zs I i I \ t 'a 1 �� . /� � �\ Y�p?� � �'' . �� o;�G�,�\�, �% / \ �.n. � '7 'i�`�' S �' a'� � . N ��,;\ � '.�P /`�`� ' � —,____. . � �.�F y /� e? / , ' .�.i '/ � I . � � � i �S. ( i'I f y . � �_ � y � , / � — �_ � i----- . , . , , ,, � , ,. ,, :i . , � . � ; �. ; �, . � < < ; � o� , y_____ _ . �\.-, 1\ - - w �- r� I , I , ` ' � �>� ��-� -�154 �.a I o �� - : '� -__I _ . •� 1 —=r--- . ' � �: � •,- t I �-_--____—"'._'_ �1 ` � I � r �..� a 1 'D � C�.G t �� I {i ` � ' I J ' \ � m� _ . . C ; �' � � --- ` --- ----- �. � , i W� I j �—__. _..... \. d, � i i � I r ; I � I � I ' , � !J \ ;;� ,'r I � . ! � � i � - .. . . _ _ . .. . \ I ' • , ., i I , i I � i i I � ..:` `\ yf.'.ti i t i. I I,, .. � 'I �� O � v TE SUB,IECT �� A �� Ga��u� �'�� i��! �0 �6'6G��! 25, 1979 Chuck Boudreau ��v��`��.ti�aV� City Manaqer The following two items were unanimously approved by the Park and Recreation Commission at their regular meeting of April 23, 1979, A) A Proclamation by the Mayor, which will set aside June as Recreation and Park D4onth for the City of Fridley. XX B) A"Fair Share Concept" for non-residents participating in recreation programs sponsored by the City of Fridley. I would appreciate Council's concurrence with these two items. If additional information is required, I would be more than happy to supply same. CAB�ja NOTE TO COUNCIL FROM CITY MANAGER REGARDING FAIR SHARE CONCEPT May 4, 1979 If this is approved by the City Council, we hope to have this included in our br�chure which is coming out on May 14, 1979. NMQ/ms 11 �n J �' D `� u u� LL u LLa 0� }Y f � Un T0: Chuck fROM: Jack DATE CITY OI' FRIDI,LY ;, G431 University Avenue N.l's. Pridley, idinnesota 55432 Telephone: 571-3450 February 1, 1979 SU6JECT: fair Share Concept I have given some more thought to the adoption of a"Fair Share Concept" for Fridley Recreation activities. �Sy recorttnendation for implementing the program is as follows: (1) All non-residents shall be placed on a waiting list for an activity during the first week ef registration. At the start of the second week of registration, the non-residents on the waitina tist shall be entered onto the r2gular class list provided there are openings. ��) A11 non-residents shall pay a"fair share" fee which will be an additional 25;' on top of the regular Fridley resident fee. For example, the fee fcr an activity is $10 for a Fridley resident. The "fair share" fee will be $12.50 for a non-resident. Do you have any suggestions for changes? I would like to see the Fair Share Concept started wii,h our summer recreation program. JK/ja I .. 'IlA RESOLUTION N0. � A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS RNO . ORDERING ADVERTISE14ENi fOR 6IDS: WATER, SANITARY SEWER AND STORM SEWER I14PROVEMENT PROJECT N0. 127 NHEREAS, Resolution adopted by the City Council on the day of , 1979 set the ate or hearing on the improvements, as specifi- ca11y noted in the Notice of Hearing attached for reference as Exhibit "A" thereto; and WHEREAS, all property ovmers whose property is liable to be assessed with the making of the improvements (as noted in said notice) were given ten (10) days notice by mail and published notice of the Council hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing, as noted in said notice. WNEREAS, Resolution No, adopte� by the City Council of the City of Fridley, Anoka County, Minnesota ordered all of these improvements. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Moka County, Minnesota, as follows: i� arethereby ordered toP eYeffectedrandscompletednas�soon�astreasonably possible, to-wit: Watermains, sanitary sewer laterals with service connections, storm sewer and related appurtenances located as follows: Paco Industrial Park (73rd and University) That the work involved in said improvement as listed above sha17 hereafter be designated as; WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT N0. 127 2. The plans and specifications prepared by the City Engineer and the City's Consulting Engineers for such improvements and each of them, pursuant to the Co�ncil resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part hereof, are hereby ap- proved and sha17 be filed with the City Clerk. 3. The work to be performed under WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT M0. 127 shalt he performed under one contract. The City Engineer shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements eddfors{hreeP(3)Vweeksa(ataleaste2lfdays)�nand shalldspecify the work�toebeudoneh and Will state that bids will be opened and considered at 11:00 a.m. on the 7th day of June, 1979 in the Council Chambers of the City Hall, and that no bids wi17 aecash5depositUnbidSbond�eoracertifiedWCheckhpayableEto�therCitydfor�fiPenpeacent (5%) of the amount of such bid. That the advertisement for bids for WATER, SANI- TARY SEWER AND STORM SEWER IMPROVEMENT PROJECT N0, 127 shall be substantiaily in form as that noted in Exhibit "B" attached hereto for reference and made a part hereof. • ADOPiED BY THE CITY COUNCI� OF THE CITY Of FRIDLEY THIS _ DAY OF , 1979. ATTEST: E K- IN . BUNE _ _ ..... _.. r - IL IAM J. NEE - EXHIBIT "B" � � CITY OF FRIDLEY ' NOTICE TO CONTRACTORS AnokadCountyW�MinnesotaeinethenCitybCouncilPChamberstof City Hallron�the 7th day of June, 1979 at 11:00 a.m. for the furnishing of work and mater- iats for the installation of Water, Sanitary Sewer and Storm Sewer Improve- ment Project No. 127. The project consists of: All in accordance with plans and specifications prepared for the City of Fridley, Minnesota by the Public Works Director and Suburban Engineering, the City's Consulting Engineers. Plans and specifications may be examined at the office of Suburban Engineer- ing, 6875 Highway No. 65 N.E., Fridley, Minnesota 55432 (Tel: 784-6066), and copies may be obtained for the contractor's individual use by applying to the engineers and depositing with the engineers $25 for each set. The deposit wi11 be refunded to each bidder submitting a bonafide bid upon return of the documents in good condition within ten (10) days from the date of open- ing bids, and to non-bidders upon return of the documents in good condition, prior to bid opening. Bids must be made on the basis of cash payment for the work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota), or a bidder's bond and made payable without condtition to the City of Fridley, Minnesota in an amount of not less than 5% of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid m�y be withdrawn for a period of forty-five (45) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 7th day of May, 1979. Richard N. Sobiech Public Works Director City of Fridley Publish: Sun Construction Bulletin May 16, 1979 May 17, 1979 May 23, 1979 May 24, 1979 May 30, 1979 May 31, 1979 RESOLUTION N0. A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS ANO ORDERING AD4[RTISEMEF�T FOR 61DS: WATER, SANITARY SEWER . AND STOR�4 SEWER I�4PROVEMENT PROJECT N0. 12II WHEREAS, Resolution 852-1979 adopted by the City Council on the 2nd day of Apri1, 1979 set the date for hearing on Lhe improveinents, as specifically noted fn the Notice of Hearing attached for reference as Exhibit "A" thereto; and � WNEREAS, a11 property owners whose property is liable to be assessed with the making of the improvements (as noted in said notice) were given ten (10) days hotice by mail and published notice of the Council hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing, as noted in said notice. WHEREAS,.Resolution A53-1979 adopted by the City Council of the City of Frid- ley ordered all of these improvements. NOW, TNEREFORE, BE IT RESOLVEO, by the Council of the City of fridley, Anoka County, Minnesota, as fo7lows: 1. That the following improvements proposed by Council Resolution are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Watermains, sanitary sewer laterals with service connections, storm sewer and related appurtenances ]ocated as follows: Lots 1, 2& 3, Block 10 ) Lots 1, 2& 3, Block 9 Great Northern Industrial Center Lots 1, 2, 3& 4, Biock 6; That the work involved in said improvement as listed above sha11 hereafter be designated as: . WATER, SANITARY SEWER AN� STORM SEIJER IMPROVEMENT PROJECT N0. 128 2. The plans and specifications prepared by the City Engineer and the City's Consulting Engineers for such improvements and each of the, pursuant to tl�e � Counci7 resolutions heretofore adopted, a copy of which ptans and specifica- tions are hereto attached and made a part hereof, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under WATER, SANITARY SEWER AND STORM SEWER IM- PROVEMENT PROJECT N0. 128 shall be performed under one cortract. The City Engineer shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements 4nGer such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and wi11 state that bids wi71 be opened and considered at on the day of , 1979 in the Counci7 Chambers of the City Hall, and that no bids Will be considered unless sealed and filed with the City Engineer, and accompanied by a cash deposit, bid bond, or certified check payable to the City for five per- cent (5%) of the amount of such bid. That the advertisement for 6ids for WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT N0. 128 shall be substantially in form as that noted in Exhibit "B" attached hereto for reference and made a part hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRI�LEY THIS �Y OF , 1979. ATTEST: IT C ERK - R IN . BRUNSE 0 - ILLI J. NEE- NOTICE TO CONTRACTQRS Sealed bids will he received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the City Manager, on the 4th day of June, 1979, at 11�Sewer,i•StormtSewerrand Sa�erflmprovementaProject Nor 12g.installation of Sanitary The project consists of the following: Storm Sewer: 420 L.F. 160 L.F. 200 L.F. 260 L.F. 170 L.F. 42" RCP Storm Sewer 33" RCP Storm Sewer 24" RCP Storm Sewer 21" RCP Storm Sewer 15" RCP Storm Sewer With Related Appurtenances Sanit� r � 420 L.F. 10" PVC Sanitary Sewer Pipe 650 L.F. 8" PVC Sanitary Sewer Pipe With Related Appurtenances Watermain: 1300 L.F. 8" DIP Watermain With Related Appurtenances All in accordance Yaith plans and specifications prepared for the City of Fridley, Minnesota, by Comstock & Davis, Inc., Consulting Engineers, 1446 County Road "J", Minneapolis, PSinnesota 55432, Telephone 784-934b- Plans and specifications may be examined at the office of the City Manager, and copies may be obtained for the contraetor's individual use by applying to the Engineers and depositing with the Er.gineers $25.00 for each set. The deposit wi11 be refunded to each bidder submitting a bonafide bid upon returnoffbids aandmto S in good condition within ten (10) days from the date of opening > non-bidders upon return of the documents in .good condition prior to the bid opening. Bids must be made on the basis of cash payment for the work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota), or a bidder's bond and made payable without condition to the City of Fridley in an amount of not less than 5% of the total amount of the bid. and to rejectcanyroreallsbids received,wwithoutyexplaationies in any bid received, No bid may be withdrawn for a period of thirty (30) days. Sy order of the City Councll of the City of Fridley, Tlinnesota. Dated this 7th day of May, 1979. ! Richard N. Sobi.ech, P.E. Public Works Director City of rridley, Tiinnesota � 14 RESOLUTION N0. A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PRO- JECT ST. 1979-10 (SURFACE TREATMENT) WHEREAS, the City Council of the City of Fridley has established a policy for surface treatment of City streets on a regular basis; and WHEREAS, the Public Works Director has submitted a plan showing the streets in need of surface treatment. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: _ 1. That the streets marked on the attached map be surface treat- ed, and the work involved in said improvement shall hereafter be designated as: STREET IMPROVEMENT PROJECT ST. 1979-10 2. The_plans and specifications prepared by the Public Works Direc- tor for such improvement and each of them, pursuant to the Council action heretofore, a copy of which plans and specifica- tions are hereto attached and made a part hereof, are hereby ap- proved and shall be filed with the City Cierka 3. The work to be performed under STREET IMPROVEMENT PROJECT ST. 1979=10 shall be performed under one contract. The Public Works Director shall accordingly pr.epare and cause to be insert- ed in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The adver- tisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at I1:00 a.m. on Tuesday the 29th of May 1979 in the City Hall, and that no bid will be considered unless sealed and filed with the Public Works Direc- tor and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5%) of the amount of such bid. That the ad- vertisement for bids for STREET IMPROVEMENT PROJECT ST. 1979-10 shall be substantially in form as that noted in Exhibit "A" attached hereto for reference and made a part hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY Of MAY, 1979. ATTEST: CITY CLERK - MARVIN C, BRUNSELL R _ WILLIAM J. NEE NOTICE TO BIDDERS EXHIBIT "a" 14 A Seated bids will be received and publicly opened by the City of Fridley, 6431aUn�versity�AvenueaNaEt,tFridley,eM�nnesotau55432w(Te1:D�571t3450), on the 29th day of May, 1979 at 21:00 a.m., and will be considered by the City Council of the City of Fridley at a regular Council Meeting at 7:30 p.m. on the 4th day of June 1979, for the furnishing of work and materials for STREET IMPROVEMElJT PROJECT ST. 1979-10 (surface treatment). The surface treatment project consists of surface treating about miles of streets in different parts of the City and consists of the fol- lowing principal items of work and approximate quantities: - FA-2 Aggregate Sealcoat FA-3 Trap-rock Sealcoat Both using RC cut-back asphalt RC-800 All in accordance with plans and specifications prepared by Richard N. Sobiech, P.E:, Public Works Director, Fridley City Hall, 6431 University Avenue Northeast, Fridley, Mirnesota 55432. Telephone: 571-3450. Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained free of charge for the contractor's individual use by applying to the Public Works Director, Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota), or a bidder's bond and made payable without condition to the City of Fridley, Minnesota, in an amount of not less than 5% of the totai amount of the bid. The City Councit reserves the right to reject any and all bids and to waive any informalities in any bids received without exp7anation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 7th day of May, 1979. Richard N. Sobiech, P.E. Public Works Director Publish: May 16, 1979 May 23, 1979 11! � I5 RESOLUTIDN N0. A RESOLUTION REQUESTING APPROVAL OF METROPOLITAN WASTE CONTROL COMMISSIO(J FOR CONNECTION TO COM- MISSION FACILITIES WHEREAS, the City of Fridley has received a petition to provide sanitary sewer facilities to industrial property located south of 73rd Avenue and lying between University Avenue and the Burlington Northern railroad tracks, and; WHEREAS, the City of Fridley does not have existing facilities which could be extended to provide sanitary sewer services, and; WHEREAS, the proposed sanitary sewer project conforms to the City of Fridley Comprehensive Sewer Plan approved by the Metropolitan Waste Control Commission NOW, 1"HEREFORE, BE IT RESOLVED, that the City of Fridley requests permission to connect to Commission facilities. ADOPTED BY THE CITY COUIJCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1979, MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL r, ��O Q.XiF��'it�q 54,�+.1A.vN SeW�r in %3�� y i - �' � i+ {i � '�' ,,, � . 4; � � � 15A ; _. � `I � i ; I � J > � ;. � .J- ' ' _,. ---r�..3a1LAV€-.!L .6� V i :'� .. v,1. � i ` _. � j � �I 1 � I 1;, � . . . � ��. :. � �_ � ....: , �� i � � ii eir 1 '�, � � �� _ �'+„_ � � }_. t.,-- � �__ � � � � 1 ; � �/— . ` .»,< � \��`, '�� '�;: ... � � -='-�-r--..v. ��< .—a -� y = "� � � � ° i �"� � � � � ��,� � � r �?;� � � I �: E � , : Y� ,n � � . ` i i i �.I ...� _. ,� �I �' ,�u�e I� l'..'+I ' -i' ? y. !Y I S� � �.:t��./ P � �� . -�.4.��+--'- Fa - ��:- � 1 Y��[ : � � � �•6i � � ° �ti � ' . � 'ics: �. k ,1 ,� - =� — � r \ 11� E I I '. v� � , rr.�.� �; � � ( i . � ;" �'� �; .,, r f, =� � � -� ;., ,.' ,: , d � i -� �/ „� �., , - -i--`� �l -` 2� .. �� r �� i�� i �,.�� \: G '-�`� lI •�,F 'u;J�l� I,_� a l. I4 �.�,�.. � i��. � � - I s L� � � `,�/�a'r. _tii�l"I � � �� 7 �s��e. �I {I � : _ s f �ii .. ' . 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'� ��nc :!I��'�.`:.�1i4 ��' � �� r�.�'„�.. ; "'j � �� I � �- <�... � -fIi I'Y I �I��_.,, i r ..0 i�5 - _� � . � aY�.r— "� � i 'i'��.��-{�I . �_ ��j � JI �I a r . u°� i. f---}c:-- ---'-�-+-�-�__� _ �J +� � �' _.—__ I � t { , • � � �` � ^ r �n� � ° I —, � 'I ri� f � � ' /�, .. . __ I rr - • �- . � I � I j � !, `_K'.rF. I .. I �'1 �� 1 . � � .. x LEGENO i �i d s 1 �/� I �=—u'c . � ' ' i �_ �� .� � ` / t . .� �� . . i I g _ � � i ��-r—(- t w�(in�� . 1 l ��.' . � y 43 ' � xY�Fa � 1I. � Y '� .� —� � . _ li . i. _ �o < m `"` I `� ' �If.'t -,.L' !i,.,' Cl- . - _ _ � �� '^ � � � ` - � �.,. • ,e�sn..e � �II� < ��i zi ' —_�� - .'A �; n —� -.�.I �II I k!' 'o`}. II �{��W I �� I b � ! � � i' i i � 1 �� .\�i ��.�� i � �I i \� . . . . � �I '/ ` I . '�r r � - °� L j� �.� , i ' y S �> . I ¢ ;. �I I y . .�,1 \."` � � � :`� '`` � . � � ,. ' °a• � � ✓ � �.i �� i � ' � "> I � �'' � ' . � I ;� I p p F , � � ^�aq �. � i ( � ]^�,,... � �� ' ' . " '. ��t �� r j T ...+ � : . .;' ..�. ��Y I I � r -�i"i'-- �� i°� '{2�. r sl . � � �. � < . '� . .. •I 1 I . �. ry . < .,,, � ,.i � �. � � r .>, . I• � s x �� V _ I _ � i �n �—t-, � ' ' �.. � - � �� ' � '� s . . ,� � I , . ' � � I I' I q i: y: ; I I i ,��o.� , , F ' � � --�r,S�- � � ; .. _.. ,,, u . �F � / � ,IY .i � ��'-u°g� 1 "va i�" +. • r ~I1'� . j If �� i�'\ '� �S� � � qw�. n �. cnr I. I �� I p I� .� I e� ` I rL I .. % _ � I� y �I� I!. � le ' � '" ( I�I q �i � .��i` � `�_�..1 '��.... „ e ... ,- _�-=_.r_�__`�d_'I � � i �'� � � .i..w� . -.\.. . .R Yi , I In� ,..w _-..�_. .-�T . � ,�:. .. ... . } � •. . I � -. ' : . ... �' �..__. , �r'" ' � � j � . � b} Pli•T[ YI. ..._ .. .r y�' i I. . . . �•_ . .. . ... . . ._ ... � .... � i . tl . � ' �p)' V . RESOLUTION N0. A RESOLUTION REAFFIRMING THE CITY COUNCIL APPOINTMENTS TO THE fRIDLEY HOUSIP�G AND REDEVELOPMENT AUTHORITY WHEREAS, the City of Fridley is required under Minnesota Statute5, Chapter 462.425 to submit action of appointments and terms of these appointments of the Members of the Fridley Housing and Redevelopment Authority to the State Planning Agency, and; WHEREAS, the State Planning Agency shali keep on file, those appointments or changes in appointments of the Fridley Housing and Re- development Authority, and; � WHEREAS, the City of Fridley shall receive a certificate of appoint- ment from the State Planning Agency, which shall be filed with the City Clerk and shall act as conclusive evidence of appointment or change of membership. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley: 1. That the following is an affirmation of appointment by the Fridley City Council for the membership of the Fridley Housing and Redevelopment Authority: Elmars A. Prieditis . . . . . . Russel Houck . . . . . . . . Pastor Arnold�Stone . . . . . . Larry Commers . , Reappointed by�City Council Carolyn Svendsen . . . . . . . . Appointment Expiration . . 6-9-76 6-9-81 . . 6-9-77 6-9-82 . . 6-9-78 6-9-83 . . 6-9-74 6-9-79 on _ April 797q 6-9-79 6-9-84 . : 6-9-75 6-9-80 2. That the resolution affirming the appointments of inembership of the Fridley Housing and Redevelopment Authority be sub- mitted to the State Planning Agency. 3. That the Certificate of Appointment received from the State Planning Agency be filed with the Fridley City Clerk. 4. That any change of appointment be filed with the State Plan- ning Agency so as to keep their files current on the Fridley Housing Redevelopment Authority's membership. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TNIS DAY OF _ ATTEST: 1979. CITY CLERK - MARVIN C, BRUNSELL Iui:P[�l:a^Ii�i/:lui�l■� � �� ;� � MEMORANDUM cmr oF Faio��v 6437 UNIVERSffY AVE. NE ' FRIOLEY. MN,. 65A32 [gT?] 57'1-3450 MEMO T0: FROM: SUBJECT: THE HONORABLE CITY COUNCIL CITY MANAGER 17 OFFICE OF THE CITY MANAGER May 4, 1979 NASIM M. CiURESHI POSSIBLE RENT/PURCHASE OF WORD PROCESSING EQUIPD1ENT For the last nine months the City staff has been reviewing the possible advantages and disadvantages of word processing equipment and its potential uses in the City of Fridley offices. There seems to be a general concensus that word processing equipment wouTd produce a greater volume of high quality documents faster and under tighter control with no increase in staff. So we are proposing that the City rent word processing equipment for a period of three to six months with an option to buy after that period. The potential rental cost would run around $500 a month, and if the City chooses to buy the equipment, the cost would run anywhere from $14,000 to $16,000, with the potential of getting credit for the period we rent the equipment. The attached resolution would authorize us to call for bids on this equipment vrith the provision of renting and with the option to buy. Our investigation has shown that to attract lead operator, we need a person in the salar starting range of $762 to $339 per month, so an existing position from level "B" to "D". positions open which would help us to provide within the 1979 b�adget. NMQ/ms a qualified person for a y level of "D" with a we would require upgrading We have held some permanent the equipment and personnel .:. RESOLUTION N0. 1979 A RESOLUTIOP� TO ADVERTISE FOR BIDS FOR WORD PROCESSIPlG EQUIPt4ENT BE IT RESOLVED by the Council of the City of Fridley as follows: 1. That it is in the interest of the City to award bid contract for.the following items or materials: IJORD PROCESSING EQUIPMENT 2. A copy of the specifications for the above described items and materials, together with a proposal for the method�of purchase and the payment thereof have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to he required by the City with respect to the acquisition of said items and materials. 3. The purchase of said items and materials as described above shall be effected by sealed bids to be received and opened. by the City of Fridley on the 21st day of May,•1979, The City P4anager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the Cjty of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published at least twice in the official newspaper of the Ci'ty of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , �g�g, MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARIlIN C. BRUNSELL 17 A CITY OF FRIDLEY BID NOTICE FOR WORD PROCESSIP�G EQUIPMENT EXHIBIT "A" The City Council of the City of Fridley, Minnesota will accept sealed bids on Word Processing Equipment on the 27st day of May, 1979, until 11:00 o'clock a.m. on said date at the Fridley Civic Center, 6431 Univer- sity Avenue N.E., Fridley, Minnesota 55432 (Te1: 571-3450). All bids must meet the minimum requirements of the specifications. Failure to comply with this section can result in disqualification of the bid. Each bid shall be accompanied by a Certified Check, Cashier's Check, Cash or Bid Bond (and made paya6le without conditions to the City of Fridley,•Minnesota) in an amount of not less than five percent (5%) of the bid, which check, cash or bond shall be forfeited if bidder neglects or refuses to enter into contract, after his bid has been accepted. The City reserves the right to accept the bid which is determined to be in the best interests of the City. The City reserves the right to reject any and all bids and waive any informalities of technicalities in any bid received without explanation. The City Council also reserves the right to consider such factors as time of delivery or performance, experierce, responsibiTity of the bidder, past performance of similar types of items or materials, availability of products and other similar factors that it may determine to be in the best interest of the City. Copies of the specifications and general conditions may be examined in the office of the Purchasing Agent, or copies may be obtained from this office. Al1 bids must be submitted in sealed envelopes and plainly marked on the outside with "BID FOR WORD PROCESSING EQUIPMENT". NASIM QURESHI City Manager Pubtish: May 9, 1979 May 16, 1979 ll� MEMORANDUM 0o CITY OF FRIOL6Y OFFICE OF THE CITY MANAGER P 643'1 UNIVERSITY AVE. �NE NASIM M. C�LIRESHI � FNtOLEY� MN.. 65432 (6t.v 57'1�3i5� MEMO TO FROM: SUBJEGT � May 4, 1979 THE HONORABLE MAYOR AND CITY COUNCIL CITY MANAGER SETTING A SPECIAL COUfdCIL MEETING FOR MAY 16, 1979 TO INTERVIEW ARCHITECTS FOR NORTH PARK VISITATION CENTER We are going to meet with the following people and seek material so it can be presented to the City Council at a special meeting orr May 16, 1979: Interdesign, Inc. - Shashi SUri Design Consortium - Damon Farber Williams 0'Brian - Mr. 0'Brian Ellerbe & Assoc. - Tim Snell Setter, Leach & Lindstrom - William Scott Meyers & Bennet - David Bennet Ackerberg & Assoc. - Mr. Ackerberg If you know of any other people you want us to contact and seek proposals from, please let the staff know. NMQ/ms : ,� MEMORANDUM CfTY OF FRIOL6Y � 643'I IlNIV6q5lTY AVE.�N6. � FFIIDIEV. MN.. SB432 [BT27571-3450 MEMO TO FROf4 THE HOfdORABLE CITY COUMCIL CITY MAPdAGER SUBJECT: REQUEST BY EDWARD COP9MISSION, TO USE FOR PUBLIC ACCESS 19 OFFICE OF THE C{TY MANAGER .:NASIM M. CilJR65Hi May 4, 1979 KASPSZAK, CHAIRMl�N CABLE TELEVISION BLAKE BALZART, COMMUNICATIONS AIDE, I received a call from Edward Kaspszak, Chairman of the Cable Television Commission,this mornin9 requesting that the City allow the use of Blake Belzart, Communications Aide, for two to five hours per week to work on the public access project on the Fridley cable television system. He also indicated the CATV Cormnission is developing a proposal to request funding of an access coordinator from the City Council which should be coming before the Council for their consideration in the near future. I indicated to Mr. Kaspszak that I would write a note to the indicated that the City would allow the use of Blake Balzart interim until the Council had an opportunity to review their coordinator proposal and take some action in that regard. City Council in the public access So the City will a17ow the temporary use of the Communications Aide, unless directed otherwise by the City Council at their May 7th Council Meeting. NMQ/ms MEMO I0:__ Nasim Qureshi, City Manager MEMO �ROM: Edward Kaspszak,Cable TV Advisory Commission Chairman MEMO DATE: May 1, 1979 RE: Proposed Cable Service Territory The Fridley Television Advisory Commission at its April 25, 1979 meeting went on record as opposing Fridley's participation "at this time" in the pro- posed Cable Service Territory as outlined in a letter from Northern Cablevision. Mayor William Nee attended the meeting, and concurred in our assessment of the proposal, and in our decision. It is important that you explain to Northern Cablevision, as well as the cities of Coon Rapids and Spring Lake Park, our reasons for this decision: 1. The Fridley CATV Advisory Commission feel the decision is the right one for Fridley "at this time." However, this does not necessarily close the door on Fridley joining the proposed CST at some time in the future. - 2. The primary rationale for the decision "at this time:' are the various Minnesota court cases now being heard involving Cable Services Territories- their validity, their jurisdiction and powers, etc. Formation of a C5T involving the three communities "at this time" might very well be invalidated and become non-functional by one or more court decisions now being litigated. 3. We in Fridley, quite frankly, are not even sure of our own position within the framework of all the CST's being formed. Because we are a CST now all to ourselves, is good reason not to be too hasty in joining another CST and possibly lose our autonomy. frankly, the commission is scared cable television territories could result in formation of another"metro government" type unit - where we have lost our independence. At the moment, the only criteria the commission felt warranted Fridley's participation in the CST proposal was a comnon school district (16) with Spring Lake Park, and sharing of legislative districts. Should you have any questions, I urge you to contact Mayor Nee, Clyde Moravetz or myself. EK/de cc: Mayor Nee Commission Members Council Members � � ��1J �� / �-u-��,y�97P `�/�i.,GflCfi� �/�%� .�i1 �� ° .��c � � � ��,��.�,�. .� �� L � � � . �`i�Cl�' / dZiL� � Z � � � .� �� ..��-�-�-- � � �_ �� - � � � ` �� J � � � � � G �'`' o� � �� 22 ; i - � aj� ��LG+�� 6431 UNIVERSITY AVENUE NE n�Te D �mber � 197q Sign ond Return Acknowledg- . msnl Copy ond Advise Shipping � � Dale Immedia�ely. ��;TO City of Fridley SPECIAL MARI(INGS rec`' d DATEkE0U1REU.. .� DEGWERY FRIDLEY, MINNESO7A 55432 � :_ . 22 A AREA CODE 612 PHONE 571-3450 � . � .. . . IUACHASE ORDER T��? � �1 i .i �� . ORIGINAL : PURCHASf ORDER This Number Mus� Appeor on � All Correspondence, Invoices, .� � . . - - � Shipping Popers ond Potkoqes. � . �. ' . . " SFiIP �. � . ' � ' � . .. . . . . TO . . . � . . �. _ . . . . . . _ ...... . .._ .��- .. ._ _ .. . . . - . . . oevr.IS. Of .R��+�� REO.NO. c�.j7i9 �' F.D.B.� SHIPPINGPOINT .uCONFiRMING DO!lpTOUPLICATE iERMS: � � - ❑ DESTINATION ❑ NON•CONFIRMMG � ' �� _% 10 DAYS NET 3p DAYS � REM �UANTRY PART . . _ NUMBER : - � � � . DESCPoPfqp ' . PRICE/ PRICE �� . _ • - � UNIT EJ(TENSION _ Installation of t,rater and sesvQr iines ptus mat�r9 1 ---. • _:.. . _ Labor: 15 hrs. - 14er] e Longerbone - 12.69 S190.35 15 hrs. -�1rt Pau7�on 9.91 153.5G ,, ,•--" _ 1_5 hrs. - Jim 8rindley ,_ i0.E30 772.c�A _ F4uip.- � T6 hr. - 3on� Deere backhoe . 15.D0 2�10.�3 .:, . 16 hr - Wa'tCen loadar for backf9iTing . t�.�4 T60.00 ,_ . _. . TOTAL �423.71 _ _ ----- As per b1t1 submitted bY Ralph Yolkm,�n> Sap�. o� _ -- : Public tdorks P.O.P�o. . . I. her26y ce �iiy t!:at !he ge��s er se ,ices fst::d hereon °, hzva be�� -=cei.s�, i^spec,ed, 2r.' i�ua' ._t:siac;cry. Cz;e r::cs:�::' P,�•�_�` e::'� �,� r.y;; ��t a EXEMPT FROM SALES TAX AS A POLITICAL SUBUIVIStON'6FTHESFRTE-6F-PA{Np}{-Sp�p CITY OF FRIO LEY N0. 803D301 AFFIkMATIVE ACTION /EQUAL OPPORTUNITY EMPLOYER, I aeConditionsonreversetide COMPUTER PROGRAMMWG . � fUND ACC7 PppGRAM DIVISIJN �MOUNT FUND �CCT PROGRAM DIYISIOM AMCUNT �� jT� .�i-'i� J� '\!1?1 7T � I. PUIICMALNOOEPTI � - " - ""'-�'.. M �` ,� � eecian ��e.r pe��iry a n. ma m• an� �qt ne Oarl ol rt ny Geen pa�a. v..,e>. �.t� >,�„�.� Arto �i�n= 0�+� ID! plJ.nmt. �s s vu� ana pat c4�.+ e � .. .1 . ._ _.. ... � , . . ,._ . --°-....___ Ti�<}i F�� L(1f}tUc�� C'igy oi �r:t,Gey , J�T TNL TOP 0► iNE TtiiMY "`•� GOuMUNRY O:VHLCSN.(.N� DIV. . . i PROTEGTIYd C �?�CTION I;:}T. � ' CiTY Hnt,l F::ICLHY GSS:i ,••`.1 C13`C90'�470 •A. A'ame of Applic�nt: aaar��$• 2 00 � B. C��nercliip of Trailcr; C., D.^.scription of Trailer (I.akc i. t;a.:,e af Ca.^.er of Lar.3; Addre��: • L�:piraCion llnCe: 0 �� - 23 _ '`i'Cf�I�uJA �„ - -- ----�----� NOUSE TRAILER APPLICATION � ! . I io-rslo U n� �- _ ; .� Si,f• e) : „// r � 1/31/73 � 1 1 � E0� B. Period of Tiuie Trailer is to be Stored or Occupied; F. Use o£ Trr.iler: G. Signature� of Adjoinii:d pro;,__ty Qcmere Grasitin� Approval: H.• Location oE Tr�iler on Proposed Property (Attach Plot Plaa of Property): s I: �t4'hese ?:ratlar is tq be Occ+�pieu, Tin�t ie: ✓ � . 1; �iel-aticn�hip bet.:een T.aile: Caaer �nd Lund O�a z: -� -/? , � �1. � , 2. N.F.:.es and l�ar.s of e?11 Occup�nta; "' ��'— • � 3. Facilities ,�ic�oael� jdnjy}n and � The applicaCiori, c.hen prect�fited to the C�y Council shull stiow thn recom�n�ndation oS the Zonin;; AdsinicCrn�or nnd/o; Auildin� Inopector. Pleaoe find ntt.lched check in tlio timount of $7,50 for pnrki�lg, $25,00 for occupying a tsou�a trai].ar. , Appxuvcd Uyi � r ��7�' �� , y a�! -� 9 Applic.,nt �GQ ; . �P.ecoipt No, Llceneo No. ��ti��,��y. , ' �'G% iGu`G(�'2 ,�.'f2r°��1� �G��-•r�< L �.-t..L;y � ',> • � ' � Gi � --�L _ �i �.� .�:e'�Gt-f� . .��,�.i�j��l.� . r.� � � �».�-, �� - � / a `z . ��? � /� ! // ` /eA�f« �'C4' /L� ��:�./�L� l`�r-G CtG' .�-C . GCC C.c_C�7� � �_ �� Z�i �.EG' i2�"� - �'�-y6 . . Z. � �`� . ..LCm� / . T� �� ✓ 3. � CP�cv�'�u�«� .��.�:� 7 �� y) �� , ;' �- � � � � �� , �1 i�,;. �..cti� .��o�� -��L..�tive� � � � �� .�� \ �,�, ' � „u''uraa'',,�r��ar � � .�� . ��y2 '--�� ' ��.� �� ; .� �� - �� - �= �� _ �� - ��,��-� ,' .r�G'��i:- rr�cct;.�/�c'rs//��yCG�� l�' G � /1l. ` � ��. �- �e�- C�C�r-�' O�/• , /J , z � �•l �>rr� i{J U'.G'i/v�(�/yI�ZQ !!� .,L-?c.,2 t3 f" . .U- � . 23 .A I� ��y �r e�:�,��y 4T fKt TOP 0� iXC T�IMy � couauw�rr o:vZ�c°NeNS av, i PPOTlGTIYS I::C77CT16N C�:tt � ; C�TY Hell F::�eL•.f G7c�= ! C�3�Ca0-�a70 A. t:ame of Appiic�nt: Addreca: __r�? �,_SZ; B. • C•aner,i�ip of Trailc�,; -� C.. Deaeription of T:ailer (1.akc Ii.� hame of Caner o: I,end; � Addre�� : �• �� 1 /'/�,., . ,.,:�`"� � - . . ._- , . __..__.�i HOUSE TRAILER APPLICI�TION ' 23 � �I , .. ') . . . . . . M1 .v - 1•7� I U . � 1./J1//3 �" ,� .L r�!1 •.cc^✓�1 1�i--�,�. j" , � r- - J./.:::�.<, %�:.G:/ �J/' �/,� �' S ize) :�'.;'.�I ��,,-:..� L• 1, �., � � „ —7--- i � �/ . i.•.�d' . _ �, D. Yerio3 of Tirae Trailer is to be Storad or Occupied�;,y . y F. Use of Trr.iler. �:�.i�,_ /�„�_�_,�� /� G. Signatuse3 of Adjoinin; Pro,c=tq Ccmere Appraval: Pi�O • • : _..._�.: �. , 2c' �":�.r�'�cr; H.• Location of Tr�il,er on .r-raposed Property (Attack Plot Plan oi , '/' ,�%I�e,,.��-��-,��.� � /��.-_..�.-t,.;�9.�_-_ .,. � •� I: �k'hexe ,:iail..r fe t0 be pcc•�pia�, Sinat is: 1 l: Tietaticnanip betueen TrFii-�r C-„ne: snd I,And t?.rner; �.r— 2, Ar�acs nad !' cs of e111 Occu -�te; " . � � F-• .- �/',,.;;.f �. �r � '. • _(��,.,,7.,;��'•� �`�= .�.,G r_�- v---r � �,�,/� 3. caciliCies 170= �cr;age '�1SPG3:ii� jlTilLCi 3A:: LiCC�i�t�``.j": v i _" i� . • exty): Tiie upplicstion, uhen pre�ented to the City Council shall eliow tha recommendation oi t}ie Zoning A�ainisCrator nnd/or IIuilding Inopector. •plcaoe find r.ttichcd chcck ia tha s.�nount of�$7,50 for parki�lg, $25.00 for accupying a houco [rAilar. , `� � .� �t��.cfLl/.K'C' ' .il/i(L.:s. t' } (� / . �f � �/�cC'�[.....:�GG'L- �' � ��1 ��'� C \ ��ti�/�L"V � �'2_ I U � A�plic�sft DaCo � �.�.� � .� � i.(/-�� -� �/p-1,/_.�L /�//,�, �� (�/p� X/J . �"t �G'iTl:',�`�'' � l�f�AGZG^LCZG�6'�" .�_-"�'_�--[��-i��i—. . Appzoved )3 ,� -. ' , T.ecn�f. 'e No. Liccneo No. � � . � _ /f',�'l��lL�l�� . /,31v 3� ✓�% U F.OR CONCUf�REMC� E3Y 7HE CITY COUNCIL- LIC�NS�s May 7, 1979 EXCAVATING APPROVED BY � � Groth Sewer & Water � �3820 Co�. Rd. 15 � DARREL CLARK Plymouth, NIN 55441 By: Larry H. Groth Chief Bldg, qfE. GAS SERVICFS Mill City xeating & A/C Co. 13005-B 16th Avenue North Minneapolis, MN 55441 By: David Stevenson Geo. Sedgwick Heating & Air Co�. Co. 1001 Xenia Avenue South Minneapolis, MN 55416 By: Stanley Snyder GENERAL CONTRAC�R Al1 Seasons Roo£ing Co. 2717 E. 32nd Street Minneapolis, MN 55406 D & D Hane Improvement 1670 Camelot Iane Fridley, MN 55432 Minnesota Package Products 6922 - S5th Street North North St. Paul, MN 55109 Richard A. Palmer 1329 Gardena Avenue Fridley, bIN 55482 By: John Whelap By: Donavan Olson By: John Nicasia By: Richard Palmer Rauerrhorst Corporation . 7900 Xerxes Avenue South, Suite 2200 Minneapolis, MN 55431 , By: Larry White. . Scott Constructian 415 Wayzata Boulevard Minneapolis, MN 55426 Valley Pools, Inc. 12000 - 12th Avenue South Burnsville, MN 55337 By: Roy Benson By: Larry Berczyk HEATING Central Air Cond. & Heating Gb, Div, of Winston Enterprises, Inc, � 1961 Seneca Road St. Paul, t+A] 55122 By; E. David Ia�senberg Mill City Heating & A/C Co. � 13005-B 16th Avenue :]orth .__. . Minneapolis, hIN 55441 By: David Stevenson . WILLIAM SANDIN" Plbg. Htg, Insp, WILLIAM SANDIN � Plbg. Htg, Insp. DARREL CLARK Chief Bldg. Of£. DARREL CLARK Chief Bldg. Off. DARREL CLARK � Chief Sldg. Off. nnnuF:r. CLARK Chief Bldg, Off, DARREL CLARK Chief Bldg. Off. DARREL CLARK Chief Bldg, Off. DARREL CLARR Chief Bldg, Off. WILLSBM SANDIN P]:bg.Htg., �In'sp. . WILLIAM SANDIN Plbg. Htg, insp. 0 24 ��0 � F.OR CONCURRE�)CE BY 7HE CITY COUNCIL- r.ICxNSEs -� � May. 7 1979 Geo, Sedgwick Heating & Air Cond. Co. 1001 Xen.ia Avenue South Minneapolis, hIDl 55416 By: Stanley Snyder MASONRY Leo O. Sanders 7813 Jackson Street N,E. Spring Lake Park, MN 55432 ROOFING Reliable Roofing.Co. 4036 - 18th Avenue South Minneapolis, MN 55407 SIGN ERECTOR Universal Sign �. 1033 Thomas Avenue St. Paul, MN 55104 P[JBLIC SWIMMING POOL 6670-80-90 Li�cia Lane N.E. -- 7855 East River Road N.E. 1601 No. Innsbruck Dr. N.E. GENERAL CONTRACTpg Brothers Construction 3531 - 170th Lane N.W. Andover, MIV 55303 Bill Williams Construction Route #3, Box 268 Cambridge, MN 55008 BY: Leo O. Sanders By: Jerome Gerard By: Rick Palmateer By: Hughes Properties 4410 Douglas Dr. Minneapolis, MN 55416 By: Hirsch-Newman Co. -• 520 Shelard Tower Minneapolis, MN 55426 BY: Innsbruck No. Assoc. 7286 No. 72nd Iane Minneapolis, MN 55428 By_: Ron Kolby By: Bill Williams !�V ING � Ernst Machinery & House Movers Corp. 9400 - 85th Avenue North Minneapolis, MN 55445 By: Kenneth Ernst WILLIAM,SANDIN P1bg. Htg. Insp. LY�RREL CLARK Chie� Bldg. Off. DARREL CLARK - Chief Bldg. Off. DARREL CLARK Chief Bldg. Off. STEVEN J. " OLSON Environmental Off. STEVEN J. OISON Environmental Off. STEVIN J. OISON Environmental Off. AARREL CLARK. Chie£ Bldg. Off. DARREL CLARK Chief Bldg. Off. DARREL� CLARIC Chief B3.dg. Off.. � 9 2� A !�0 � F.OR CONCURRE�ICE BY 7HE CITY COUPICIL - LICENSES l/ J May 7, 1979 24 � GAS SERVICES Advanced Heating & Air Cond. Inc. ,7805 Beech Street N.E. . . • WILL�AM�SAADIN � FridleY, MN 55432 • By: Maynard Edson ElJng� 8tg,:2nsp, GENERAL CONTRACTOR � � � � , Lindstrom Cleaning�& Construction � ' - : 775 Colorado Avenue South � . DARREL CLARK Gol-en Valley, MN 55416 By: Robert Hennen • Chief Bldg..Off, Vossen Bros. Inc. � �� ' � Route #1, Box 171B • �� Prior Iake, MN 55372 By: Jim Vossen Chie£ Bldg. O£f. HEATING � . ' � Advanced Heating & Air Cond. Inc. 7805 Beech Street N.E. �� .� . WIIS,IAM SANDIN Fridley, MN 55432 By: Maynard Edson Plbg. Htg. Znsp. t 9 �� ,_; . �\0 ` F.OR CONCURRr�iCE C�Y 7HE CIT`f COUNCIL — L May 7, 1979 Type of License: Bowling AlleY Maples Lanes � 6310 Highway #65 NE Fridley, MN 55432 Carnival Go1d Eagle Amusement 7825 Cambridge St. Minneapolis, MN 55426 �� Mary Je Savelkoul Approved By• Robert Aldrich Fire Inspector - 2u c LICC'JSES fee , — Y85.00 Lawrence W. Magel � James P. Hill, P.S.Director 425a00 " R. Aldrich, Fire Inspector D. Clark, Building Inpsector . S. Olson, Health Inspector Food Establishment Central Frostop.Drive In Sherman Hanson 7699 Highway #65 NE Fridley, MN 55432 Fridley Covenant Church 6390 Unjversity Ave NE Fridley, MN 55432 Fridley Foad 8154 East River Road Fridley, MN 55432 Kentucky Fried Chicken 7510 University Ave NE Fridley, MN 55432 Medtronic Inc 6970 Central Avenue WE Fridley, MN 55432 Lynwood Manor II Nursing 5700 East River Road Fridley, MN 55432 Mr. Steak 5895 University Ave NE Fridley, MN 55432 Oriental House Restaurant 5865 University Ave NE Fridley, MN 55432 Food Vehicle Bonine Vending 125 Ri versedge VJay NE f'ridley> MN 55432 Gary Klingl Myron Schnickels Steve Olson Health Inspector Steve Otson Health Inspector Steve Olson Health Inspector K.F.C. PJational Management Steve Olson Health Inspector Don Hansen Steve Olson Servomation Twi City Health Inspector Darlene Low Administrator Duane Straley Irene L. Song Wes Bonine m Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector 35.00 Exempt 35,.00 35.00 35.00 35.00 35.00 35.00 55.00 Type of License: Livestock Theodore B. Theilmann 1549 Rice Creek Road Fridley, MN 55432 Private Gas Pump City of Fridley 400 - 71st Avenue NE Fridley, MN 55432 Lampert Building Supply 7600 Highway #65 NE Fridley, MN 55432 Refuse Hauler Dick's Sanitary Service 3477 - 85th Avenue North Brooklyn Park, MN 55443 Peterson Bros. Sanitation 22310 Lake George Blvd Anoka, MN 55303 W & W Oisposa] 501 - 84th Avenue NE Minneapolis, MW 55432 Waste Control 95 West Ivy St. Paul, MN 55117 Retail Gasoline Central Standard Car Wash 5201 Central Avenue NE Fridley, MN 55421 Garnet Standard Service 5311 University Ave NE Fridley, MN 55421 Nolly Center Standard 6490 University Ave NE Fridley, MN 55432 Northtown Car Wash 7300 University Ave NE Fridley, MN 55432 �:, Audrey Theilmann Ralph Volkman R. Carlson Cathy Halford Bud Fjerstad James L. Loken, Sr Ronald Roth James Philpot Approved By: Steve Olson Health Inspector Darrel Clark Building Inspector Darrel Clark Building Inspector . Robert Aldrich Fire Inspector Darrel Clark Building Inspector Robert Aldrich Fire Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector 24 D Fee 41.00 Exempt 20.00 50.00 50.00 50.00 50.00 Darrel Clark 60.00 Building Inspector R. Aldrich, Fire Inspector Garnet Gallimore Darr.el Clark 60.00 Building Inspector R. Aldrich, Fire Inspector Robert Rabe Darrel Clark 60.00 Building Inspector R. Aldrich, fire Inspector David Gerring Darrel CTark 60.00 Building Inspector R. Aldrich, Fire Inspector Type of License: Vending Machine Automatic Engineering 7191 Hi ghway #65 fJE fridley, P1N 55432 Buzz's Barber Shop 6247 University Ave NE Fridley, MN 55432 Central Standard Car Wash 5207 Central Avenue NE Fridley, MN 55421 Frank's Nursery Sales 7620 University Ave NE Fridley, MN 55432 City of Fridley Garage 400 - 71st Avenue NE Fridley, P•1N 55432 Fridley Convalescent Home 7590 Lyric Lane NE Fridley, MN 55432 Fridley Sr. High 6000 West Moore Lake Dr Fridley, MN 55432 Fullerton Metals Co 5170 Main Street NE Fridley, MN 55421 Garnet Standard Service 5311 University Ave NE Fridley, MN 55421 Holiday Auto Store 226 - 57th Avenue NE Fridley, MN 55432 Holly Center Standard 6490 University Ave NE Fridley, MN 55432 �� A< John Roller Buzz Gondt James Philpot Pepsi Cola Ralph Volkman Sir Vend Inc Coca Cola Bottling Magic Maid Vending Garnet 6allimore Acorn Vending Robert Rabe Industrial Spay Painting Co A. Toews 8251 Ashton Avenue NE Fridley, MN 55432 Magic Swirl Beauty Salon 6369 University Ave NE Fridley, MN 55432 M & I Auto Supply 6005 University Ave NE Fridley, MN 55432 Brake Vending Clarence Rudquist Approved By� Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Nealth Inspector Steve Olson Health Inspector Steve Olson Health Inspector 24 E Fee 15:00 15.00 15.00 15.00 Exempt 15.00 60.00 30.00 15.00 75.00 15.00 15.00 15.00 15.00 T.ype of License: - Vendinq Machine Continued Medtronic Inc. 6970 Central Avenue NE fridley, MN 55432 Woodcrest Baptist Academy 6875 University Ave NE Fridley, MN 55432 �� Don Hansen Servomation Twin City Cedar Lake Vending Co. Loren Beaudoin Club On Sale American Legion Post 303 William E. Kinkel 7365 Central Ave NE Fridley, MN 55432 Frici�y V.F.W. Post 363 1040 Osborne Road Fridley, MN 55432 Lestor G. Orton Entertainment American Legion Post 303 Williem E. Kinkel 7365 Central Aye NE Fridley, MN 55432 Fridley V.F.4l. Post 363 1040 Osborne Road Fridley, MN 55432 Billiards Fridley V,F,W, Post 363 1040 Osborne Road � Fridley, f4N 55432 Cigarette fridley V.F.W. Post 363 1040 Osborne Road Fridley, MN 55432 Fridley Food 8154 East River Road Fridley, MN 55432 Lestor G. Orton Lestor G. Orton Lestor G. Orton M. Schnickels Sunday Liquor American Legion Post 303 William E. Kinkel 7365 Central Ave NE fridley, MN 55432 Fridley V.F.W. Post 363 1040 Osborne Road Fridley, MN 55432 Uending Machine Fridley V.F.W. Post 363 1040 Osborne Road Fridley, MN 55432 Lestor G. Orton Lestor G. Orton Approved By: Steve Olson Health Inspector Steve Olson James P. Hill Public Safety Director James P. Hill - Public Safety Director James P. Hill Public Safety Director James P, Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director 24 F Fee 420.00 t�.00 100.00 100.00 70.00 70.00 40.00 24.00 12.00 200.00 200.00 45.00