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06/04/1979 - 5704FRlDLEY ClTY C�U�NC 1 L REGULAR MEETING — JUilE 4, 1979 — 7:30 P, �I,, IPLEDGE OF ALLEGIA�dCE; APPROVAL OF MIPdUTES: BOARD OF REV I EW f`�EET I NG, h�AY l�l, 1979 PUBLIC HEARING i�'�EETING, MAY 1�4, 1979 $PECIAL �'�EETING, �`�AY 15, 1979 �ONTINUE➢ BOARD OF REVIEW, MAY Zl, 1979 REGULAR �`�EETING, MAY 21, 1979 IADOPTION OF AGENDA: �� OPE�I FORUi�, VISITORS: iCONSIDERATION OF ITEMS NOT ON AGENDA - I.� MINUTES) I ;� OLD BUSINESS: RECEIVING REPORT REGARDING CONVERTIN6 EXISTING TOWNHOUSES INTO CONDOMINIUMS , , AND CONSIDERATION OF APPROVAL OF FINAL PLAT AND VARIANCE, �AY PARK, pLVIN NITSCHKE, 6661-71-81 MniN $TREET �TABLED 5/21/79) , , , , , , , , , , , , , , , , , , , , , 1 — 1 S e PdEW BUSINESS: RECEIVING THE PLANNING �OMMISSION MINUTES OF MAY 23, 1979.� 2— 2.RR 1. Rezoning Request, ZDA #79-02, by William J. Hart (6431 Highway #65). . Z - 2E P.C. Recommendation: Denial of request & 2X - 2Y Council Action Required: Set public hearing for July 16, 1979 2. Request for Special Use Permit> SP #79-04, by Joseph Perrozzi (8181 Riverview Terrace).. . . . . . . . . . 2E - 2L P.C. Recommendation: Approval of request & 2Z - 2AA Council Action Required: Consideration of recom- • mendation 3. Request for Special Use Permit, SP �79-05,,by James Larson (6740 - 4th Street). . . ... . . . . . . . . 2L - 20 P.C. Recomntendation: Approval of request � �& 26g - 2CC Council Action Required: Consideration of recom- mendation � � BUSINESS �CONTINUED) (Planning,Commission Minutes Continued) � 4. Rezoning Request, ZOA #79-04, by Graves Co. 2R - 2T (5701 University Avenue). . • • • • • • • • • • • • •& 2DD - 2EE P.C. Recommendation: Approval with stipulations Coupcil Action Required: Set Public Hearing for July 16> 1979 , R 5. Vacation Request, SAV #79-02, City of Fridley (University Service Road) . . . . . . . . . . . . . . 2� P.C. Recommendation: Approval of request & 2FF - 2GG Council Action Required: Set Public Hearing for July 16, 1979 6. Appeals Commission Minutes of May 15, 1979 Item--- Uariance Request by Joseph Perrozzi (818T Riverview Terrace) . . . . . . . . . . . . . . . . . . . . . .2HH - 2RR Appeals Corten. Recommendation: Approval of lot size reduction and denial for reduction of side yard setback Council Action Required: Consideration of recommenda- tion IRECEIVING THE CABLE TELEVISION COMMISSION MINUTES OF t�1av 9, 1979 , , , , , , , , , , , , , , , , , , , , , , , , , 3 - 3 K � ■ J / ' NEW BUSIiVESS (CONTINUED) . � - CONSIDERATION OF EXECUTING GRANT AGREEMENT WITH METRO COUNCIL FOR yORTH PARK VISITATION CENTER GRANT� ��, 4- 4 F CONSIDERATION OF EXECUTING CONTRACT WITH ARCHITECT FOR NORTH PARK VISITATION CENTER, � . � � , � � � � � � . � � � 5 CONSIDERATION OF SHADE TREE DISEASE CONTROL PROGRAM FoR1979,,,;,,,.,,,,,,,,,,,,,,,,,,,6-6B CONSIDERATION OF RESOLUTION RECEIVING PRELIMINARY REPORT AND AUTHORIZING EXECUTION OF AGREEMENT TO I"iAIVE A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST, 1979-1, ADDENDUM #1� , � � , , , , , , , , , , , , , , , , , , , , ,7 - 7 B NEW BUSINESS (CONTINUED) CONSIDERATION OF A RESOLUTION ORDERING IMPROVEM�NT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPP,OVEMENT PROJECT ST. 1979-1, ADDENDUM �rl� � � , � � � � � � � � . � , � � � � � � ' ' 8 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND AUTHORIZING EXECUTION OF CONTRACT WITH PV�D�H�, INC „ I9�9 STREET IMPROVEMENT CONTRACTOR, FOR STREET IMPROVEMENT PROJECT ST, 1979-1, ADDENDUM #1� �,g - 9 H CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND AUTHORIZING EXECUTION OF A6REEMENT TO WAIVE A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER, SANITARY SEWER AND STORM SEWER IMPROVEMEIvT PROJECT N0� I2�� . � � , , , , , , , , 10 - 10 B CONSIDERATION OF A RESOLUTION OftDERING IMPROVEMENTS AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF; WATER, SANITARY SEWER AND STORM SEWER PROJECT No,127,,,,,,,,,,,,,,,,�,,,.,,,,,, 11 � fVEW BUSINESS iCONTINUED) CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, • APPROVAL OF PLANS AND ADDING PROPERTY IMPROVEMENT ONTO EXISTING STREET IMPROVEMENT PROJECT ST, 1979-1 �CHANGE ORDER ��0. 1) � � � . � � , � , � � . � � � � � � � ,IZ -"IZ E RECEIVING BID3 AND ORDERING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1979-10 (SEa� �OAT). ��, 13 - 13 A _ _ _ _ �LAIMS. � � . � � � � � � � � � � � . � � � , � � . . � . ,�.�{ _ _ . _ ESTIMATES . � � � � , � � � � � � � � � � � � � � � � � � 15 �ICENSES� � � � . . � �. . � , � � . � � . � � . . � � � , 16 - 16 I COMMUfdICATION: SPRINGBROOK ��ATURE CENTER FOUNDATION: PROGRESS REPORT FoR .1978 , , , , , , , , , , , , , , , , , , , , ; � , . , , 17 - 17 B 0 a � 143 THE MINUTES OF THE BOARD OF REVIEW - CITY OF FRIDLEY - M11AY 14, 1979 The City�Council met as the Board of Review and the meeting was calted to order at 7;40 p.m. byl4ayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led tbe Council and audience in the Pledge�of A1legiance to the Flag. � ROLL CALL: . � MEh18ERS PRESENT: M�yor Nee�, Councilman Barnette, Councilman Schneider Councilwoman P1oses, and Councilman Fitzpatrick h1EMBERS ABSENT: None BOARD Of REYIEW: Mayor Nee explained the Council was meeting as the 6oard of Equalization for the purpose of considerin9 the question of whether of not any particular piece of property in the City has not been fairly assessed. He stated, if the Council finds that the market val�ue is not properly established or tnere were errors i�n calculations, they are einpowered to make adjustments. Flayor ldee stated, if any persons wished to make a protest and do not find satisfaction from the Council, it i.s still important to make their feelings known since they have to be on record at this meeting in order to taY,e their appeal further to the County level and possibly the State level. Mr. Herrmann, City Assessor, expl�ined, in order to determine the marY�et value, sales are checl:ed.to determine.wfiat property is selling for in the City. h1r. Herrmann reviewed the fon��ulas used to determine assessed��vatue for sin9le family homes, both which are homesteaded and non-homesteaded, and for comnerciat and (�' industrial properties. (.. �1r. Herrmann stated�the Legislature may eliminate the "limited value" and if they do so, there would also be�quite a different program for homestead credit. � Ne explained, hoviever, at this time they couldn't guarantee what would happen in the Legislature. Mr. Hjalmer Anderson> 1491 Rice Creek Road, stated he felt the valuation for his hoirs was too high. � � . Mayor Wee asked if he fett the�.house wouldn't sell for what is established as the market value. � Mr. Anderson stated he believes it keeps going up, but still felt it was too high. Mr. Herrmann stated there was a value for �y36,000 placed on this property which includes the lot. He explained a good portion of the value is for the tot�as it is a lot that could be developed into two lots. He stated the home is valued at 524,600 and the lot at�$11,400 for a total valuation of $36,000. He stated the value last year wes $27,200 and not only has the home increased in value, but the City was oh the tow side for older homes. Hayor Nee stated thet the increase was more than the 10% allowed by State law. �..... Mr. Herrmann stated the limited value would only increase 10%. He stated if the � law remains reyarding "limited value" the taxable value woutd be about £2,700 more. Mayor Nee explained that the Council has to make a finding that it�is not likely that Mr. Anderson could�get 536,000 for his home, if he were to sell it, before they can, theoreti�calty, make an adjustment. � Mr. Herrmann also pointed out this home was in the area that was physically re-valued this year, He stated the law provides that at least every four years a home must be physically appraised and re-evatuated. Mayor IVee stated Mr. Anderson is on record as questioning the value placed on and could, therefore, appeal to the County. Ne cautioned, however, if the value 1�4 BOAR� OF RE4IEW MEETING was adjusted, it could possibly go up instead of down. PAGE 2 Mn Herrmann stated, if the Council wished to continue this to another date, they I might possibly know what action the Legislature is going to take as far as the limited market value is concerned. ' I MOTION by Councilman Schneider to refer this matter to the staff for further discussion ; and report. Seconded by Councilman Barnette. �I Councilman Fitzpatrick felt the decision in the end vrould have to be based upon a .. i finding that the property has been overvalued and not simply that the value went uF ' I too much over the one year period. i UPON A VOICE VOTE TAKEN IN THE ABOVE MOTION> all voted aye, and Mayor Nee declared �, the motion carried unanimously. �. Mr. Lyle Kieven appeared before the Council to�protest the value of�his property, ' �'.. the North Star Beverage, at 785 - 53rd Avenue N.E. He stated that the building �.. was constructed in 1977 and the valuation is probabty 590,000 over what they actually had it built for and it is only 2; years old. - I He stated, if they had known before that the valuation would be as such, they � I�� probably would have gone for municipal bonding. i Mr. Herrmann explained�this property was valued like any other property of that � type, just for the real estate, and not for the personal property or machinery. ', Mr. Madsen, representing the City's assessing department> reviewed the square footage I of the various areas in the building, and explained the fi9ures used in arrivin9 'I at the market value. i Mr.��leven stated he didn't have any complaints on the land valuation, but nn the value of the building. � He felt, if everything was taken out of the building> �,. there was no way you could come up with that value. ,_1 i Councitman Schneider questioned how they are assessed per square foot on warehouse J�� space. . � � �I Fir. Madsen stated it depended on the type of construction and the wall height and � that the assessment might run between 513-�b14 a square foot for the warehouse �� space. Mayor Nee felt the argument that the market value is more than the cost to wnstruct the building applies to everyone in the City. , Mr. Kleven stated they were talking about a 32% increase. Mr. Herrmann pointed ��, out that last year's value was �379>300 and this year it is $412>200. '�. Mr. Kleven stated there isn't anything else in the City to compare this business �I. to, but felt the valuation is too high in comparison to the cost for construction , - of the building. �.. Mayor Nee stated his personal feeling is that the assessor probably came close ' to being correct> but would have no objection to submitting this to the County. j, Councilman Barnette stated if Mr. Kleven feels this is excessively hi9h, the , next step.would be to appeal to the County for them to look at it and they probably - have similar facilities in the area to make a comparison. �� i Mr. Herrmann stated that the staff wouldn't mind taking a second look, but . � didn't feel they would cone up with any different figures � �� Mr. Qureshi, Lity Manager stated the company has registered an objection so it ��.� dces guarantee them the right to go to the County. i � MOTIOI! by Councilman Schneider to refer this matter back to the staff for a report• ;I Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 145 BOARD OF REVIEW MEETING � PAGE 3 Mr. Ronald McCiain, 6007 Main Street, appeared before the Council and stated he felt the value of his property was too high, He stated the value is up $2,500 which�he felt is excessive on a 40 foot tot that can't be built on. He stated the previous value was $2,202 a�d the new valuation is $4,700. Mr. Herrmann stated there are two lots side-by-side and they were considered as one building site, with a total value of the two lots and home of $3F,500. � .. He stated the property is also in the area which was physically reviewed this year. I�, Mr. Herrmann stated, if the two lots were valued individually, the value would ( be higher on the one with the structure, and lower on��the vacant lot. h1r. McClain also pointed out that the value of the home increased over �6,000. MOTION� by Councilman Fitzpatrick that there 6e a review of this matter, in light of the vatue placed on the vacant lot, and report back to the Council. Seconded Gy Councilwoman Moses; Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. Mr. t4cClain stated he is under the medical assistance program, and you cannot have a home valued over $2II,500 or you are disqualified far the assistance. Mr. Tim Chies, 7573 Able Street, stated he qorks at the care center in New 8righton and knows this is a great concern, where�people exceed the State maximum requirements, and are forced to sell their homes in order to obtain medical assistance. � � Mayor Nee stated the staff was directed to submit�a ceport and the Council will then revi�ew it. Mr. Leonard Cind, 7620 - 75'th Avenue, stated he�felt there was a discrepancy in the valuations as his value went up to $45,000 and last year it was $38,700. Mr. Herrmannti City Assessor3 stated the home is 24 x 44 feet with a total square �.; footage of 1,056 with a 24 x 24 garage and was definitely sure the value was not over the�market value. He stated the increase of about 16% is typi.cal of what other property owners are experiencing. . - Mr. Lind stated he noted homes in other areas were getting an agricultural exemption. Mayor Nee questioned Mr. Thurston, representing the County Assessor's Office, if the market value was affected in an agriculture land district. Mr. Thurston stated�it didn't affect the market value, but that there was an additional agricultural State aid credit. Councilman Schneider questioned if there was any property in��Fridley which qualified for the Agricultural credit. Mr. Nerrmann stated that there wasn"t any in the City. Mr. Lind questioned if he would be a61e to discuss this with the County Assessor. Mayor Nee.stated they would acknowledge Mr. Lind's.protest regarding his market value so he would have the prerogati�ve of going�to the County. MOTION by Councilman $chneider to acknowledge the protest by Mr. Lind regarding � .the value of his property Seconded by Councilwo�n Moses. Upon e voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. {�� Mr. Tim Chies, 7513 Able Street, appeared before the Council regarding tbe value Iplaced on his ten double bungalows. Mr. Chies stated the. value of each unit was raised about $3,500. He felt the rents should be based on 1% of the market value and indicated.he would like to keep the rents reasonable and didn't feel they should have to be increased �. because of the increase in the market value. Mr. CBies�felt you can't assess�a double bun9alow as you would essess a single family home as these buildings generally depreciate, rather than appreciate, because of the extra wear and tear on the buildings from people moving in and out. He felt the market value should be based on the rent and the taxes should be in proportion to the amount of rents collected. ' 146 - 60AR� OF REVIEW MEE7ING Mr. Herrmann, City Assessor, felt the properties were not overvalued. , GAGE 4 Mr. Madsen, from the City's assessing departmen±, stated on that particular street they had seven sales each averaging about $50,000. He stated, based on the sales, he would see a market value of $60,500, with about $5,000 less if there � wasn't a garage. � Mr. Herrmann felt the value wasn't any higher on these properties than what Mr. Chies would be asRing for them if he were to sell the properties. Mr. Chies indicated he couldn't argue with that point alone and could dnderstand the Council's point in establishing market value. He felt, however, there should be�some reforms and that it�.should start on the City level. Mayor Nee suggested that Mr. Chies attend the budget hearings of�the various governmental jurisdictions and school district and pointed out that only 16% of the taxes collected go to the City. LETTER OF PROTEST - UUANE AN� KARON NAROG, 1465 NORTH OANUBE ROAD: MOTION 6y Couricilman Schneider to receive the letter of protest dated April 20, 1979 from Duane and Karon Narog for property at 1465. North Danube Road. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to concur with the staff recommendation to � reduce the total estimated market value on the property at 1465 North Danube Road from $97,100 to $88,40D based on the reasoning put forth in the memo from staff. Seconded 6y Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � - - SEARS. WICKES FURNITURE, STRASSBURG & MDTION hy Councilman Schneider to receive the four letters of protest received ��? � by the Board of Review from Sears, Wickes Furniture, Strassburg and Company ; representing Fridley Terrace Mobile Home Company and �eterman Welding. -- Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.. MOTION by Councilman Fitzpatrick to continue this meeting of the Board of Review until next Manday evening, May 27,1979. Seconded by Councilman Schneider. Upon a voice vote�, all voting aye, Mayor Nee declared the motion carried unanimously. Respectfully submitted, Ca�ole Haddad William J. Nee . Secy. to the City Council Mayor Approved: ._ 1 � I ' �i i�� THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 14> 1979 The Pu61ic Hearing Meeting of the Fridley City Council was called to order, after the Board of Review Meeting, at 9:30 p.m. �. � ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilinan Fitzpatrick, Councilwoman Moses, � Councilman Schneider and Councilman Barnette MEMBERS ABSENT: Plone ADOPTION OF AGENDA: �. � . � The agenda was adopted as submitted. � PUBLIC HEARINGS: � � � PUBLIC HEARING ON ISSUANCE OF WINE LICENSE TO IRENE Y.L.-SONG DBA� ORIENTAL HDUSE RESTAURANT AT 5865 UNIVERSITY AVENUE N.E.: � MOTION by Councilman Schneider to waive reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public� hearing opened at 9�30 p.m. Mr. Brunsell, City Glerk, stated the report from the Poli.ce -0epartment indicates there is no evidence of any police problems and the Police Department could see no reason for denial�of this license. No persons in the autliencr. spoY.e for or against the issuance of�this license. MOTION by Councilman Moses to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote> all voting aye> Mayor ,Yee declared the motion carried unanimously and the public hearing closed at 9:32 p.m. PUBLIC HEARTNG ON THE ISSUAMCE OF OP!-SALE NON-INTOXICATING MALT LIQUOR LICENSE TO PATRICK G. KOLB OEBA: PAKOLLY'S PIZZA AT 7893 EAST RIVER ROAD: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon-a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing�opened at 9:32 p.m. - � � - Mr. Brunsell, City Clerk, stated the Police Department made an investigation of the premises and finds no reason for denial of the license. ::ouncilman fitzpatrick stated, in all the years they were talking about this property and development of it., he never heard any reference for a pizza parlor with a �eer license. He�stated he had no o6jection to the applicant regardiny the beer license> but it�does distur•b him to have that business at this particular location. Pio person in the audience spoke for or against the issuance of this license: hbTION by Cou�ncilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Ptayor Nee declared the motion carried unanimously and the pu6lic hearing closed at 9:34 p.m. . PUBLIC HEAR�ING DN FINAI PLAT P.S: //79-01 JAY PARK A�DITION BY ALVIN A. NITSCHKE 6661, 71, $7 �4AIN STREET N.E. . MDTION by Councilwoman Moses to waive the reading of the public hearing notice and opr.n the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye�, Mayor NAe declared the motion.carried unanimousiy. Mr, Sobiech> Public Works Director, stated this hearing is to review the�final plat for property at 6661, 6677, and 6681 Main Street. He stated the Planning �r_ . �.- -�--- . _ -__._ -- � i ].48 PUBLIC HEARING MEETING OF h14Y 14, 1979 Pnce 2 Commission held a public heaC�ng and has recomnended approval of the plat. Mr. Sobiech stated, ori9inatly, the property developed into a multiple rental situation and Mr, Nitschke intends to plat the property into lots which would then be owner-occupied. Mr. Sobiech stated�, since this was an existing situation, and there was nothing in the�code regulating existing structures, the staff likened this to a townhouse development and proceeded�on that basis. He stated, in this case, the plan has been constructed and now exists and the City would have to concern themselves with the platting of the property. Mr. Sobiech stated the original�recommeiidafion�of the Planning Commission ' was for approval- basetl on the p7attinS of the property. He stated what is shown on ihe map is actually.three lots i�n�one block. Each lot wouid, consist�of a portion of the structure, a garage and then the adjacent properties. � � Mr. Sobiech stated at the Planning Co�mnission meeting on April 18, 1979, there was discussion on the townhouse proposal. In lioht of that discussion, the Planning Commission recommended that the property under the existing dwellings become private ownership and the rest of the land become ground held in common. Mr. Sobeich stated the staff and City Attorney feel this could be handled either way because once it is platted, the legal description would be for structures and certain properties. He stated, either way, there would have to be by-laws, filed as covenants, that would take into account certain items whether it be from maintaining the structures, down to the utilities.. He stated an association would��he formed consisting of owners of the property, but initially it would probably be set up by the present owner at this time, Mr. Nitschke. Councilman Fitzpatrick questioned once the by-laws were set up, what � about control as far as the City was concerned. � ..�-� Mr. Herrick, City Attorney stated, generally speaking, by-laws can be altered by a certain percentage of the property owners. He stated where you are dealing with anly three property owners, you would probably want to make it unanimous for any changes. He felt, in this particular situation, the Council should make the approval contingent upon approval of the initial by-laws. A1r. Herrick felt this may be an area that the City could be dealing with that may happen frequently, where owners of rental properties decide to "condominiu�mize". He felt the City may be faced with similar requests in the future from people who own larger units and stated be discussed this with staff to some extent} and they felt they had adequate ordinances to cover the situation. Councilman.SChneider asked if this was the same process they would be considering for condominiums. Mr. Herrick stated, at this stage> the City doesn't have any experience with such requests, and unless some new legislation is adopted he would think it would be the same process as for condominiums. 11r. Sobiech stated this entire area of revising existin9 rental property is being reviewed by the Planning Commission. Mr. Sobiech felt, in his own mind, that if there was an apartment situation with stories of dwellin9 --i units, he didn't believe it would satisfy the requirements of the townhouse i or condominium development> as compared.with units in a townhouse design where _� lots and blocks can be simply descri6ed, and comnon property can be seen. Ne felt, with apartments you have a difficult time identifying what is common property. � Mr. Herrick stated he would concur with Mr. So6iech's comnents and that . with an apartment, you have a different style building. � PUBLIC HEARING MEETING OF MAY 14,7979 PAGE 3 Councilman Fitzpatrick stated his concern is that whatever interest the . City has in this> it seems would be addressed in the by-laws which wouid be far from stable because they could be changed. � - Mayor Nee stated ,he felt a little uneasy with it and perhaps a precedent il . � would be set and was not sure it has been thought through enough. He felt part of the premise of setting up a townhouse development area was � to have a fairly large development area to insure professional maintenance. �� Mr. Sobiech stated one reason staff felt confortable going this way is that � I there was some criteria in the code for guidance. He stated the only , l � item in question was the area, aad he felt this requirement was originally �. -set up to allow perhaps for recreational uses. Mr. Qureshi, City Manager, questioned if there were other situations in the City where a similar approach coutd be taken�. Mr. Sobiech indicated there were several and pointed out some of them. Mr. Sobiech stated another way to approach this would be to rezone to single family and then have "0" lot lines. Mr. Sobiech felt with the present R-3 zoning, townhouses are allowed and the only criteria you have to satisfy is the square footage per unit> which is the case here. Mr. Qureshi stated there are certain restrictions the Council can impose which they feel are necessary to maintain the integrity of the development. Mr. Herrick stated they could possibly obtain additional information through the League or the Ci�ty of Minneapolis, as they have had a lot of conversions. He stated one point he would like to make is that covenants, as such, are not enforcea6le by the City, but the property owner can enforce them. Mr. Qureshi stated, as far as the townhouse development, the Council could iirryose restrictions that could be part of the approval. Mr. Herrick stated this could be done> however, the question is if it would be binding�on the property owners. �. �. . Mr. Sobiech stated in the Inns6ruck North development, the City had.an agreement that was binding rn the original developer and the City would have the right to enforce the developmental agreement. _ Councilman Schneider felt> however, with the Innsbruck North develapment, each of these units were paying something into a. central fund to maintain the land and exterior. . Mr. Nitschke stated he fails to understand why one situation would work and one wouldn't, just because this is a smaller number of units. He stated> as far as maintenance of the property, he felt the City would. have as much control through the City codes and ordinances as they do with single family residences. He felt, however, if you had an absentee landlord possibly the property wouldn't be maintained as we17 and thinks, in the majority�of the situations,�that certainly would be the case. Mr. Nitschke stated.he didn't feel uncomfortable with any of the by-laws he has seen. Is.was his understanding that the covenents are binding to all the owners. Mr. Nitschke stated the units are all finished separately now:and felt they would remain the same. He stated he didn't see any i� problems with anything that has been discussed. � � � '� Councilman Fitzpatrick stated one of the points that has come up is comparison to the single family residences and fel�t it was a matter of impact. He stated it is true if you buy a home in the mi.ddle of a block, you are irc�acted by your neighbors, but certainly not anything of this degree. He felt they should keep in mind that they also have to think in terms of other requests of similar nature.and aren't talking particularly about Mr. Nitschke and his situation. Mayor Nee stated he would feel more comfortable if they had some guidelines. . . ( � �o --- - --� . PUBLIC HEARIN6 MEETING OF MAY 14, 1979 PAGE 4 Mr. Sobiech felt, with the Planning Commission's review, they may be coming up with some recommendations. Councilwoman Moses stated she would compare the two where this would be separate owners,�each taking care of their property, as compared to a townhouse development, where the upkeep is taken care of.� Councilman Schneider stated he was more concerned about a precedent being set, rather than just this particular piece of property. Mr. Qureshi, City Manager, suggested obtaining additional information and to develop some type of guidelines. � MOTION by Councilwoman Moses to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, alt voting aye> Mayor Nee declared the motion carried unanimously.and the public hearing closed at 1D:12 p.m. Mayor Nee stated that staff will brinq this item back when they have additional information and will advise Mr.fditschkewhen it comes back to the Council. PUBLTC HEARING ON STREET IhiPROVEMENT PROJECTS ST. 1978-1, ST. 1978-02 P4SAS AND ST. 1978-4 CSAH : MOTION by Councitman Fitzpatrick to waive reading of the public hearing notice and open the public hearing. Seconded 6y Councilman Barnette. Upon a. voice vote , all voting aye, �4ayor Nee declared the meeting carried unanimously and the public hearing opened at 1.0:13 p.m. Mr. Sobiecfi> Public Works Director, stated this is a hearing on the final assessment cost for the 1978 street improvement projects. Mr. Herrmann, City Assessor, explained how the assessment is figured for corner lots. 1 Mr. Sobiech stated, in the Hyde Park area, improvements were�made on 2nd �. Street, 2-% S±reet, 3rd Street, 57th Place, 58th Avenue, 59th Avenue, 60th . Avenue, severa7 alleys in Blocks 9 and 22 of the Hyde Park Addition and �.� Main Street from 58th to 61st and 57th kvenue fr7m Main Street to 3rd Street. Mr. Sobiech stated the front foot assessment for the str�et and concrete curb and gutter was �17.04 a front foot and the side yard assessment was $5.37 per foot. The front foot rate for the alleys was $3.57. Pline sewer services were put in the Nyde Park Addition at a cost of �276.47 per service. Main Street from 58th to 61st was put in under ST. 1978-2 with cortmercial property payin9 the full cost per foot for bituminous street surfacing and concrete curb and gutter and residential and park property being assessed at normal residential rates, with the balance being paid from State Aid Funds. The front foot assessment for industrial and commercial property is $22.47 and for residential property, $ll.04. � - � Mr. Sobi�ech stated 57th Avenue from Main to 3rd Streets was assessed for curbing only on the North si-de of the street under improvement project . ST. 1978-4. The front foot assessment rate for commercial property �is $9.59 a front foot and for residential property with double frontage, $2.40 a front foot. In the Alice Wall Addition on 63rd Avenue and 7th Street, water and sewer services were put in iinder project ST. 1978-1 at a cost of y257.94 for�the water and $242.00 for the sev�er per service. Mr. Sobiech stated with the improvement on 53rd Avenue, East of Central between Menard's and Skywood�Mall, the front foot assessment was $27.71. He stated this in�provement was needed to improve the traffic flow and signali- zation. On the University Avenue West Service Road, which 9enerally abuts the House of Lords property, the frord.foot assessment rate was $45.74. Mr. Sobiech stated water and sewer lines and water services were put in East Ranch Estates Third Addition on Main Street, as petitioned by the property owners, at a cost of $4,019.98 for the water line of iot 4 and a cost of $3,511.28 per lot for the sewer line. Cost of the two water services was $323.22 per service. PUBLIC NEARING MEETING OF MAY 14, 1979 . � PAGE 5 Mr. Sobiech stated on 79th Way this is a State Aid Street designed to State aid standards. The front foot assessment'for commercial properties was $24.23 and $17.04 for residential pr•operties. Only curbing was installed on a portion of 79th tiay which involved commercial property and the front foot rate was $9.57. Mr. Sobiech stated, under project ST. 1978-2, sidewalk only was installed on the East side of 7th Stmet from 61st to 63rd Avenue. He stated this improve- �. ment was petitioned for by School District 414 and the City agreed to share in the costs. The front foot assessnient is $5.70. �" Under project 1978-4, Central Avenue from 76th to Osborne Road had curb and gutter installed on the East side only at a front foot rate of $7.19 and a side yard rate of $.81 per foot. Main Street from 57th Avenue to I-694 had curbing installed only and the front foot rate was $7.56. No persons in the audience spoke regarding these assessments. MOTION by Councilman Barnette to c7ose the public hearing. Seconded by Councilman Schneider: Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously and the publiC hearing closed at 10:22 p.m. PU6LIC HEARIPlG ON IMPROVEMENT: STRLET IMPRGUEi�1ENT PROdECT ST. 1979-1. MOTION by Councilwoman Moses to waive reading of the public hearing notice and open the hearing. Seconded 6y Councilmar. Fitzpatrick. Upon a�roice vote, all voting aye, Mayor Nee Aec7ared the motion carried unanimously and the public hearing closed at 10:24 p.m. Mr. Sobiech stated the City received a petition from property owners requestin9 improvement of this atley. Preliminary Assessment Estimates indicate an (�� improvement cost of $3J5 a foot. He stated the only problem staff has with i, this is that it is proposed that mity a porticn of the alley be iinproved or ., that part which is actua77y being used. He stated resi�dences to.the North do have access off of adjacent streets. Mr. Sobiech stated, in the past, it has been the policy to improve all of the alley and wouid find it difficult to ma�intain alleys if they dr�r,'t have ingress and egress in both directians to accommodate the equipment the City has to maintain them. Mr. Sobiech stated, in this particular case, the�equipment could only proceed in one direction and there would be no place to store snow. He stated this was mentioned to the petitioner and it seems there has been arrangments made, in the past, for plowing and in this particular case, the plowing cou7d continue on that basis, however, the City would maintain it as far as any repairs. Mr. Robert Hartman stated he was the oianer of three apartments between 59th and GOth and has talked to the adjacent property owners and everyone, with the exception of one person, is interested in iiaving this alley blacktopped. Mr. Hartman stated they now have someone coine in to do the plowing, and hoped some of the property owners would r�ork viith him on that, but that he would be receptive to continuing to have the alley plowed. rt A gentleman from the audience stated he owns a buildinn in this area and the I= driveway is blacktopped now and questioned how the improvement would affect this. Mr. Qureshi, City Manager, stated the City would work with him on �the design. No other persons in the audience spoke for or against this improvement. i i 1.51 �: 152. PUBLIC HEARING MEETING OF NNY 14, 1979 PAGE 6 MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously and the public hearin9 closed at 10:35 p.m. NEW BUSINESS: Mr. Sobiech, Public Works �irector, stated he received a cal] from a property owner who owned a 40 font lot and when they made this improvement, water and sewer services were put in to make sure they wouldn't have to tear up the street in the future. He stated soine services were put on the 40 foot lots that could be combined with other lots in order to�make it a buildable site. � . Mr. Sobiech stated, he wondered, by doing so and assessing this to the property if it may be a problem with the pending case regarding 40 feot lots. Mr. Qureshi, City �4anager, felt the assessment could be collected at the time the lots were b�ilt on> and have the record show they weren't assessed at this time, but would be if a structure was built. _._ __ ..,-,,. ,.,,�.,�.�.�r�.�r_ nccrc�ntvNT POR STREET IP1PROVEMENT MOTION by Councilman Fitzpatrick to adopt Resolution No. 70-1979, deleting the charges referred to by the Public 47or!<s Director for extensions into the 40 fnot lots. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried w'�,animously. MOTIOM by Councilman Fitzpatrick to adopt Resolution No. 71-1979. Seconoea by Councilwoman Moses. Upon a voice vote, all voting aye, 14ayor Nee declared thP motion carried unanimously. � POLICY STATEMENT CONCERNING THE MAIMTENANCE OF LES� THFlN FULL BLOCK ALLFYS: 140TTON by Councilman Fitzpatrick that the Council adopt a policy statement to the effect ±hat theCity cannoAddendumPti3S�bSeconded by Councilman Schneider partial�alley under ST. 1979-1� Mayor Nee�declared the motion carried � Upon a voice vote, all votin9 aye, - unanimously. CLAIMS: 140TION by Councilman Schneider to authorize payments of Clains No. 130A03 throught 132P03. Seconded by Councilwoman Moses. Upon a voice vote> all votinS aye, Mayor Nee declared the motion carried unanimously. REQUEST BY ISLANDS OF PEACE FOR SUPPORT OF ANOKA COUNTY REGIONAL PLAN: Councilman Barnette stated he has been approached by Mr. Ed Wilmes of the Islands of Peace regarding support of the Anoka County Regional Plan. �It was generally felt by the Council that perhaps they should have more input and additional information from the County�before taking any action. ADJOURNMENT: MOTION by Counciirian Schneider to adjourn the meeting• SMa�oreNeeydeclared Councilman Barnette. Upon a voice vote, all voting aye, Y the motion carried unanimously and the Public Hearin9 Meeting of the Fridley� City Council�of May 14, 1979 adjourned at 10:50 p.m. Respectfully submitted, Carole Haddad Secy. to the City Council Aooroved William J. Nee Mayor r � i � 153 THE MINUTES OF THE SPECIAL MEETING OF THE FRI�DLEY CITY COUNCIL OF MAY 15, 1979 The Special Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Councit and audience in the Pledge of Allegiance to the flag. ROLL CALL ' MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, and Councilwoinan hloses MEMBERS ABSENT: Councilman Fitzpatrick PUBLIC HEARING - CENTER CITY PROJECT: MOI�ION by Councilman Barnette to waive the reading of the public hearing notice and open the public hearing for consideration of a redevelopinent plan proposed under the Municipal Housiny and Redevelopment tict. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:36 p.m. Mr. Dean Doyscher, City consultant for the Center City Project and President of Professional.Planning and Uevelopment Company, appear2d before the Council to review the proposed redevelopment plan for the Center City preject. Mr. Doyscher stated the Council has before them a redevelopment proposal and plan which has been approved.by the City's Planning Commission in terms of land use and overall deaelopment. The Council also has a resolution from the Fridley Housing and Redevelopment Authority requesting consideration and approval of this plan by the City Council. I. Mr. Doyscher stated what is proposed is a redevelopment effort authorized under � Minnesota Statute Chapter 462 which allows cities and more particularly, Housing and Redevelopment Authorities, to develop redevelopment areas for purposes of removing blight, o6solescence, deterioration and unsightly conditions. Mr. �oyscher stated on the first page of the plan is a description of Fridley in terms.of its location and neighbors. It also includes the location of the Center City project area and notes within this area that there are 73 separate operating tiusinesses, primarily tocated in five neighborhood centers. The general area is known as the strip commercial area along University Avenue bounded by 61st on the South and Mississippi Street on the North and also including the Village Green complex, the Rice Creek Shopping Center and Holly Shopping Center. Mr. Doyscher exptained the reasons for blight in some of the areas. At the intersection of Mississippi Street and University Avenue, there is a severe traffic problem with a daily traffic count of 29,485 vehicles on Universi.ty and 8,500 vehicles on Mississippi. � Another problem intersection is at 61st Avenue and University Avenue and the Police Department has recorded an unusually high incident of accidents, both personal injury and�property damage. Mr. Doyscher stated that people in business believe the interseeti.ons are - dangerous and it harms�business in the area. He stated they further believe ��that the small commercial area at the northeast corner of University and � Mississippi is deteriorated because of land that is underutilized and that the ingress and egress cannot be used to the maximum�capabilities because of the �� land design. He stated the�land is zoned inappropriately, with comnercial � property lying adjacent to single family residences, and�has a deteriorating effect on prime commerical areas in the City. Mr. Doyscher stated that the Moon Plaza Shopping Center has very little access to the property, with no exposure and �that the parking was inadequate. He stated the shopping center is deteriorated and b7ighted in character and nature of the buildings, lack of parking, including parking on the service road, mixed uses and inappropriate land uses. He stated the nature of single family homes abutting these areas limits the potential of commercial uses. 15A SPECIAL MEETING OF MAY 15, 1979 PAGE 2 Mr. Doyscher stated the people owning businesses in Holly Center Shopping Center believe they are harmed because of the access off of University Avenue and Mississippi Street and believed there could be better access, if improvements were made in the overall circulation patterns. Ne stated there is a lack of landscaping and design, pedestrian ways, and general lack of uniformity and design of the commercial area. He stated people believe the unkept conditions negatively harm the business co�nnunity. Mr. Doyscher stated Rice Creek Shoppin9 Center has difficult access, inadequate parking, it abuts single family homes, commercial use is limited and has severely limited frontage exposure. In reviewing the 9oals and objectives of the redevelopment pian, Mr. Doyscher stated it is the goal to develop the Center City area into a community wide comnercial service area rather than a neighborhood convenience area. Other goals and objectives are to permit the Center City area to become a mixed ' land use area for comniercial and housing activities; to encou�ae,c and publicly assist new conNiercial developments with property acquisition and other financial assistance; to increase employu�,ent opportunities to residents by commercial expansion; to design and improve the futum land use controls; t.o increase the tax base through cooperation and assistance to commercial and housing developers; to provide redevelopment opportunities; to maintain a healthy and safe environment; to provide various forins of financial assistance such as industrial revenue bonding, tax exempt inwiicipal revenue bonds or State and Federal loans and grant n;onies. hir. Dnyscher stated, specifically, this plan calls for a developmerit prespectus to be given to private enterprise. Mr. Doyscher stated the redevelopment plan is broken into six phases and each phase requires the City to make contractual arrangenientswith a developer, prior to acquisition, and will. require approval of the ueveleper. Mr. Doyscher stated Phase 1 consists of the land lo�ated cn the southeast . j'. corner of University P��^�:�!e and Mississippi Street, �ieferi�ed to as the �'�.. Christenson redevelopn:c.��.; site and presently includes Brunkow Music, �! Christenson Shopping Cenicr, �4adsen Office Building, iJorthwestern [Sell Phone � Company building and a single family home. The area contzins about five acres. , The area in Phase 2 consists of land 7ocated on the east side of University Avenue, south of the City Hall, north of the Firdley State Bank and west of 5th Avenue. This land includes Fridley Center, Ryan's Garage, three single family homes and Ole's Garage and confains about four acres as referred Lo as�the Fridley Center redevelopment site. The area in Phase 3 consists of land on the southwest corn�r of University Avenue and Mississippi and includes the Rice Creek Shopping Center, Fridley Dur Own Hardware, �airy Queen, Car lJash, 6urger King, Standard Station and A71ied Radio Building. The area contains four acres of vacant land approximately. another 6-'-z acreas of developed land and is referred to as the Rice Creek Shopping Center area. The area in Phase 4 consists of land on the northeast co�rner of University � Avenue and Mississippi Street and includes 1D,000 Auto Parks, Carpet Remnant Supermarket and about 50,D00 square�feet of vacant land. The total land area is approximately 2-'�z acres asd is referred to as the 10,000 Auto Parts area. The area in Phase 5 consists of vacant land lying west of 5th Avenue, east of �'. hlcan Plaza Center, north of St. Williams Church and south of five existin9 ��. ' duplexes located in the Sandy Terrace Subdivision. The area contains about '' seven acres and is suitable located for church expansion or housing develop- ment. This area is referred to as the St. Williams Church area. j i�� SPECIAL MEETING OF MAY 15, 1979 PAGE 3 The area in Phase 6 consists of land on�the east side of University Avenue, south of 63rd Street and immediately north and adjacent�to the Rice Creek Office Building. The lanE is vacant and is about one acre suitable for connnercfal development: � � � Mr. Doyscher stated the City may or may not acquire all or part of the property to meet tlie goals and objectives�of the plan. He stated the City . could also combine these phases and noted that the land uses proposed are t ; basically the same. � ( Mr. �oyscherstated Phase 1 is for commercial uses, especially office centers, � retail stores,�and nwltiple family.housing: In Phases 2 through 6,�Mr. Doyscher stated he would encourage the City to insure that these begin when Phase 1 . has been contracted for to be sure something is happening for the property in Phase L � _ - Mr. Doyscher stated this plan is really a process that may go on for some time. He stated it would be fair to note that the people they have talked to on this redevelopment plan hoped that private development, without public participation. would occur on some of these lands. Mr. �oyscher stated it was his belief that the City's good efforts in this.area will probably cause redevelopment by private businesses, without much public assistance. Mr. Doyscher stated the City may or may not acquire all.or part of the property and will make acquisition only after redevelopment or develapments are proposed that are finanrially feasible. He stated a determination which property should be aquired will be made by the City Council on an individual application basis. He stated those decisions will be made in terms of the goais and objectives of this plan, financial ability and other concerns the City Council may have. Mr poyscher stated the plan is intended to be flexible to reach the goals and objectives. i � Mr. Doyscher stated, in determining goals for properties to be acquired,� �`� structures that are substandard should be taken into account; lard and � structures that will�permit land development and redevelopment parcels to be large enough to accortnnodate new-developments and corresponding parking . . requirements; land and structures to meet necessary public improvements; properties that are non-conforming 7and uses when such an acquisition will benefit the overall redevelopment goals; and propert�es that have been icontracted for purchase prior to adoption of this p.lan. i� In reviewing the Tand disposition and redeveloper requirements. Mr. Doyscher , stated the contract and disposition dowments will�spell out in detail � provisions, standards and such other criteria for achieving the objectives and requirements set fouth in the Center City Redevelopment Plan or those documents that are made a part of this plan. He stated the developers or �' . redevelopers�shall supply all information necessary�for sound decision making. � He stated land disposition parcels may be through fixed price offerings � or by other means whichever will best assure the attainment of the goais � and objectives. He stated developers are not buying land for speculation, � but for development. Mr. Doyscher stated the finance plan calis for the plan � to be financed by use of.tax increment financing, general obtigation bonds or tax increment financing revenue bonds which shall require Council approval pursuant to M.S. 462.585. � � Mr. Doyscher stated�there wilt be determinations made in each phase which properties are to be acquired; the relocation costs and the total cost of �- - the proposal; and projected revenue. He stated the plan calls for the Council I� to adhere to the Federal law regutations regarding�retocation. He stated � the relocation program will be adopted, prior to any property being acquired and moving out of this area. Mr,�oyscher stated the procedures for amending this plan are outlined in tbe Minnesota Statutes and it.is hard to know if the new proposed legislation will make any cfianges. He felt there would be changes of programming, but not boundary�changes under the State law. He pointed out,�however, that substracting from this area and modifying the plan by taking properties out could be done under the existi�ng statute, but the question would be if they could enlarge the tioundaries. � - I 15G �� SPECIAL MEETING OF MAY 15, 1979 PAGE 4 Mr. Marvin Hora, 6750 4th Street, questioned if any analysis was done on the impact of the residential homes abutting the areas. Mr. Doycher stated they don't intend to change the land use pattern of the existing homes next to the proposed project and present}y they may have some adjacent use which may be more detrimental than what is proposed in the plan. He felt that by cleaning the area up, having traffic and parking improvements.. this entire area would be improved and the persons in the residentiai areas would probably see something positive, rather than ne9ative. Councilwoman Moses questioned the reference and meaning of the last paragraph on Page 75 of the plan which stated that "the City intends to acquire all or part of the property located in phases one through six". Mr. �oyscher stated, for example, they have a developer that meets all the goals and objectives for Phase 1 and all the property is required with the exception of Brunkow Music, they would leave this property out, and only acquire the other properties, .He stated, on. the other hand, if the City � felt they needed the entire parcel, then �t may be necessary to acquire that property. He stated this would depend�on the Council's determination, and felt the decision would have to be made at that time. Mr. Doyscher stated the purpose is that the Council can be flexible and can adjust on a phase to phase basis. He stated it is hopeful the process to acquire�property is not through condemnation, but if the Cbasedeon�the marketavalue�ofrthe they will not only make a fair offering, structure> but.to also pay relocation costs. Councilwoman Moses questioned the process for the tax increment district. Mr. Doyscher stated if a tax increment district is established, the existing assessed values which are currently $2>663,630 for properties in the,Center City project are for zll governmental units and the City HRA will capture the increase tax. People livin9 there or owning a business there will have their taxes continue to increase or decrease so they won't see any difference. He stated the difference occurs in that the County freezes these values . at the 7978 level and all increased values are revenue to the City and those monies may be used for land acqusition, demolition of buildings> site preparation, etc, for development in the Center City project. Pdr. Doyscher stated the City would pass the�general o6ligation bond and pay off the bond through increased values of increment. Mayor Nee asked if increment was exempt from the fiscal�disparities�distribution. Mr. Doyscher indicated he wasn't sure of this since there really haven't been increment districts established in Anoka County. Councilman Schneider questioned Mu. Doyscher, in his experience with other municipa7ities, if they tend to come up with guidelines and policies. Mr, Doyscher stated the kinds of guidelines are really a�determination of how fast the Council wants this plan to move. He stated he believed if you had something happening on one portion of the Center City project that private enterpri��se will cane in on their own, without pu6lic financing. Councilman Schneider asked if there should be criteria or formulas established regarding development and final decisions. � -�Mr. Doyscher felt there should be a memorandum of agreement so everyone knavs who is acting in the final decision. He stated the Housing Authority asked that the staff do some legal work on this regarding what rules they will function under so when it came down to the decision, everyone�knows who .has the�authority. Mr. Doyscher stated that the project should be handled in phases, with the final judgement on how development occurs. in each of these phases to be the Council's. Mrs. Norma Swanson, owner of property on the northeast corner of University and Mississippi> stated she can see°what the City is tcying to do and felt redevelopment is a tool to use. She stated, as a resident, she would take a risk of doing something to see Fridley grow again. _ ,I . _ I ., 157 SPECIAL MEETING OF MAY 15, 1979 PA6E�5 Mr. Ooyscher stated he has met with many people who would be involved in the Center City project inciuding the Pastor of St�. William's Church, Mr. Levy, Mr. �oty, Mrs. Swanson, tlie Businessmen's Task Force Committee and many others and they are aware the City is considering some kind of improvements and feel there are many issues contributing to the poor business climate. Mayor Nee felt, if there is a restoration of confidence�in the total vitality of the neighborhood, then there would be a number of investors interested. Mr. Newman, acting City Attorney, stated that Che Housing and Redevelopment Authority has a great deal of discretion, if the Council wishes to delegate it to them. He stated, under the plan there are a❑umber.of provisions that require City Council approval. The plan states that new redevelopment, land acquisition or land disposition must be approved by the Council. He stated the plan does have quite a bit of control by the Council. Mayor Nee asked if the general obligation bonds required a referendum. Mr. Newman, acting City Attorney, stated this particular part of the Minnesota � statues dealing with the Housing and Redevelopment Authority states that bonds of the H.R.A. shatl be authorized by its resotution and this law would allow thc Council to have the final judgment in order to issue the 6onds for tax increment financing. Also the Ninnesota Housing and Redevelopment Authority Act is exempt from all State and local taxes and obligations under the Fiscal �isparities Act. RECESS: A recess was called by Mayor Nee at 9 p.m. RECDNVENEO: The meeting was reconvened at 9:12 p.m. ,. Mr. Doyscher introduced some photographs that were taken by. the Fridley �� Police Department in regard to accidents at University Avenue and 14ississippi � . Street to substantiate that this area, by design, is a safety hazard and needs improvements. Ne stated in 1978, at the intersection of University and Mississippi, there were 17 personal injury accidents and 32 property damage � accidents. At the intersection of 61st and University, there�were 14 personal injury and 8 property damage accidents. He stated this would make a total of 31 personal-injury and�47�property damage accidents at-these two intersettions in the Center City area. -Mr. Doyscher stated this reoresents the:highest� accident�count in the City of Fridley., He stated those counts are typical also , � �for 1976.and 7977. He aTso noted that the Police Department didn't take. into account the accidents between these two intersections and stated these were.accidents that.were reported and had ovec �300 in damage. He stated he would asswne there are more that were not over the $3D0 in damage and never reported. Mr. �oyscher stated it is important to say that tfie existing planning and zoning is a reflection of existing uses rather than the City's new development plan. He stated he believes the planning, as it now exists, no longer represents the development plans for tlie�City and they should also re-establish zones throughout this area in conformance with the development goals and policies. RECEIPT OF RESOLUTION PASSED BY ANOKA COUNTY:' MOTION by Councilman Schneider to receive resolution No. 79-45, passed 6y Anoka County on May 8, 1979,�in support of Fridley's Central City Redevelopment Project. Seconded by Councilman Barnette. Upon a voice vote - all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING EXCERPTS FROM THE PLAIJNING COMMISSION MEETING MINUTES OF MAY 9 1979 � REGAR�ING THE CENTER CITY PROJECT: MOTION by Councilman Schneider�to receive the excerpts from the Planning Commission Meeting minutes of May 9, 1979 where they considered this item regarding the Center City Project and recommended�approval. Seconded by � l�R SPECIAL MEETING OF MAY 15, 1979 - PAGE 6. � Councilman 6arnette, Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously. No other persons in the audience spoke for or against this plan for the Center City Project. MOTION by Councilwoman Moses to c7ose the public hearing. Seconded by Councilman Schneider. Upon a voice vote. all votin9 aye, Mayor Nee declared the motion�carried unanimously and the public hearing closed at 9:17 p.m. RESOULTION ND. 72-1979 APPROVING THE CENTER CITY R[DEVELOPMENT PLFlN: MOTION by Councilman Barnette to adopt Resolution No. 72-1979. Seconded by Councilman Schneider. Upon a voice vote, all votion aye, Mayor Nee declared the motion carried unanimously. RECEIVING CO�M1�NICATION IN SUPPORT OF CENTER CITY PROJECT FROM MIKE 0'BANNON: ' MOTIOfI by Councilman Schneider to receive the coinmunication in support �'' of the Center Cities Project from Mike 0'Bannon, dated May 9, 1979. �� AD�OURNMENT: MOTION by Councilwoman Moses to adjourn the ineeting. Seconded by Councilman Schneider. Upon a�voice vote, all voting aye, Piayor Nee declared the motion unanimously and the Special Meeting of the Fridtey City Council of 14ay 75, 1979 adjourned at 9:20 p.m. Respectfully submitted, Carole Haddad � William J. Nee Secy. to the City Council �4ayor Approved: x �- � i _J , � � 159 THE MINUTES OF THE CONTINUE� MEETING OF THE BOARD OF REVIEW - CITY OF FRIDLEY - MAY 21,7979 Mayor�Nee reopened the Board of Review meeting, whicB was.continued from May 14,1979, at 7:38 p.m. PLEDGE OF ALLEGIANCE: . Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. S, ROLL CALL: � MEMBERS PRESENT: Mayor Nee, Councilman Barnette,�Councilman Schneider Councilman Fitzpatrick and Councilwoman Moses MEM6ERS ABSENT: None Mayor Nee stated three items had been continued from the May 74,1979 Board of Review meeting and a staff report had been requested. � Mr. Hjalmer Anderson - 7491 Rice Creek Road: Mr. Herrmann, C'ty Assessor, stated the staff again reviewed this property for� the purposes of determining the market value and it is recommended that the�value be reduced from $36,OD0 to $34,800. MOTION by Councilman Schneider to concur with the recommendation of tl�e Assessor's Office and reduce the total valuation of the prroperty at 1491 Rice Creek Road from $36,000 to �34,800. Seconded by Councitman Barnette. .Upon a voice vote, all voting aye, Mayor Nee d2clared the motion carried unanimousty. . North Star Qeverage Company (Pop Shoppe) - 785 53rd Avenue: Mr. Her�man, City Assessor, stated the staff again reviewed the Pop Shoppe property for comparison with similar• properties in the City and it is recommended that there be no reduction in the value. Mr. Nerrmann�stated �dr. Kleven was contacted and advised that the staff's recommendation would be for no changz in the market value. He stated he was advised, however, he could take his protest to the County. P1r. Kleven was not present at this meeting regarding this matter. MDTIOH by Councilman Schneider to sustain the recommendation of the Assessor's Office for no change in the value, but note that this item was protested by the North Star Beverage Company. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Ronald McCtain - 6007 Main Street: � Mr. Herrmann, City Assessor, stated staff reviewed this property, as requested . � by the Council, and Lots 16 and 17 were considered in�dividually instead of one.� � parcel. He stated it is recorrmended, therefore, that the value of Lot 16, Block � .�8, Hyde Park Addition 6e�redaced from $4,700 to $500 amd that the value of Lot 17, 67ock 8, Nyde Park AddiCion be increased from $4,688 to.$6,200, but to decrease the value of the structure in this lot from�$26,112 to�$26,100. He stated this would result in an overall decrease of $2,7p0. � 5�� Mr. Herrmann stated he has not been avle to contact Mr. McCtain to advise him of , staff's recommendation. M0T30N by Councilman Fitzpatrick to concur with the recommendation of the Assessor's Offiee to decrease the value.on Lot 16, Btock 8, Hyde Park Addition from $4,700 to $500 and to increase the value of the land on Lot 17, 61ock 8, Hyde Park Addition from $4,688 to 56,200, but decrease the value of the structure on this lot from $26,112 to $26,100, for a total value of the properties of $32,800. Seconded by Councilwoman Moses. �Upon a Voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PROTESTS RECEIVE� BY STAFF AN� ACCEPTED BY THE BOARD OF REVIEW: 7h2 following protests were received by the staff and accepted by the Board of Review: 1C1 THE MINUTES OF THE RE6ULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 27,1979 The regular Meeting of the Fridley City Council was called to order, after the Board of Review Meeting, at 7:46 p.m. . ROLL CALL: � MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick�, Councilwoman Moses Councilman Schneider, and Councilman Barnette MEMBERS ABSENT: None � APPROVAL OF MINUTES: �. � REGULAR MEETING, MAY 7, 197g; MOTION by Councilman Barnette to approve the miputes of May 7, 7979 as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor � Nee declared the motion carried unanirtrously. ADOPTION OF AGENOA: Two items were added: (1) Consideration of a resolution authorizing agreement with the State of Minnesota in acquiring radar units; and (2) Consideration of sending a"letter of appreciation to General Television. Councilman Schneider stated, in reference to the second �item to be added to the agenda, that General Television, in conjunction with Anoka County Workshop, has prepared several programs to be aired on the public access channel. He stated he participated in the first program that dea7t with Moore Lake and felt the staff at General Television went out of their way and suggested a letter of appreciation be sent to them. � MOTION by Councilman Fitzpatrick.to adopt the agenda, with the above two amendments. Seconded by Councilman Schneide�-. Upon a voice vote, all voting a,ye, Mayor Nee declared the rtwtion carried unanimously. OPEN FORUM, VISITORS: . Mr. Ed Wilmes, stated he had an opportunity to speak out for the merits of the Islands of Peace at an April meeting with the Metropolitan Council, but was advised not to go to the meeting and becau'se he didn't speaY, out, the Metropolitan.Council did not�receive correct information on the�lslands of Peace. He stated, since that time, he has met with the Metropolitan Council because one of the issues at the Apri7 meeting was a statement that other regional parks have the some facilities as the Istands of Peace. �He stated this was false and people who are knowledgable about outdoor recreation for the handicapped have taken tours of the regional parks and now realize they were hasty and wrong and that the Islands of Peace is unique. . Mr. Wilmes stated he hoped there is a resolution by the Council to make a recomnendation that Anoka County proceed to make an amendment to their pian to include the Islands of Peace and that the City will do everything they can to cooperate with the County�for acqusition of this 1and. He stated he hopes the Metropolitan Council now realizes that what these areas need are the proper facilities. . � NEW BUSINESS: Mr. Benjamin, representingWinStephens D'atsun North, Inc., appeared before the Council regarding their request for an industrial revenue mortgage in the artaunt of $675,D00 for land acquisition and expansion of their existing facilities. ��`�� REGULAR MEETING OP MAY 21,1979 PAGE�2 Mr. Benjamin, stated Win Stephens is currently at their peak in their parts and service department and there is a need for expansion and they would like to add a body shop. He felt this was a necessary project to service their customers. Mr. Benjamin stated the project,.in terms of benefits to the City, would add approximately $325,000 in additional�annual payroll and increase the employees from 72 to 20. � Mr. Herrick, City Attorney, stated, in discussions with the attorney for Win Stephens Datsun North, he understands the funding of this project would be in the form of a tax ezempt mortgage. Councilman Schneider questioned if there was some question about the legality of tax exempt mortgages. Mr. Herrick stated there has been some question about the legality for residential purposes, but doesn't think there-has been any question for coimnercial or industrial purposes. Mr. Herrick explained this project would be done throu9h the industrial revenue bond chapter of the Minnesota Statutes and the original concept would be that they would sell bonds to finance the project, havever, now this has evolved to the point that, in some cases, instead of selling 6onds, they finance it through a mortgage. He was sure there wasn't any legal pro6lem,� as it is accepted�by the Internal Revenue Service and financial institutions. Councilman Schneider questioned if there was insurance in this proposal to back up the project in the event of default. Mr. Herrick stated> in th9s situation, whoever finances the project, takes a mortgage on the property and if the loan is not repaid, the one holding the mortga9e would end up with the property. MOTION by Councilwoman Moses to adopt Resolution No. 73-1979 giving preliminary approvat to a proposed industrial development project to be constructed and financed under the Minnesota Municipal Industrial Development Act, authorizing the�preparation of documents and materials in connection with the pr'oject. Seconded by Councilman Schneider. Upon�a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. Mr. Qureshi> City Manager, pointed out that preliminary�approval for the industrial revenue rtartgage does not mean approval of tf�e buildin9 plans and that this would be a separate item which must be reviewed and approved. RECEIVING TNE PLANNING COMMISSION MINUTES OF MAY 9, 1979: IOT SPLIT REOUEST, L.S. N79-01�, BY MARVIN & ROBERT E Mir. Sobiech, Public Works Director, stated this is a request for a lot split � at the corner of Norton Avenue and Central Avenue to split off the westerly 74.99 feet of 1ot 10, Auditor's subdivision No. 89 in order to make two building sites for.double 6ungalows. He stated the lots are presently zoned R-3 and arein excess of the 70,000 square foot requirement. Mr Sobiech statetl the Planning Cortenission held a public hearing on May 9,1979 and recommended approval. MOTION 6y Councilman Schneider to concur with the recommendation of the Planning Comnission and grant Lot Split N79-01 as requested by Marvin and Robert Erickson for 1285-87 and 1295-97 Norton Avenue. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declered the motion carried unanimously. �,-�...i..�� ornur<r �na e�o_m TuF I iFT-SKI & BIKE. INC. BY SCOTT HOLMER MOTION by Councilman Schneider to set the public hearing for this rezonin9 on June 7S, 7979. Seconded by Counci.lman Fitzpatrick. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. 163 RE6ULAR MEETING OF hUIY 29, 1979 PAGE 3 SPECIAL USE PERMIT REQUEST,�SP. k79-03, THE LIFT-SKI & BIKE, INC. BY SCOTT NOLMER, 6319 H16HWAY 65: Mr. Sobiech, Public Works Director, stated, since this special use permit is contingent on the rezoning, he suggested this item be ta67ed until the rezoning is considered. MOTION by Councilman Schneider to table this item until the public hearing on the rezoning request. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unaninmusly. ALLEY VACATION REQUEST, SAV $79-01, BY KATHRYN GERARD> BLOCK 3, PLYMOUTH DDITION, 6ETWEEN 48TH AND 49TH AVENUE, AND 2ND AND 'z STREET N.E.: MOTION by.Councilman Fitzpatrick to set the public hearing in this alley vacation request for June 18,1979. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS COMMISSION MINUTES OF APRIL 24 7979 - TABLED VARIAtJCE REQUEST BY ALVIN A. NITSCHKE, 6661-6671-6681 MAIN STREET: Mr. Sobiech, Public Works Director, stated this variance request is related to the platting item which the Council considered on May 14,1979. He stated � the Council directed staff to prepare some guidelines on this item and, therefore, suggested the. variance�6e'tabled until staff has a recommendation regarding the platting request. MOTION 6y Councilwoman�MOSes to ta�ble this item for consideration at the. � time of the final plat. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the Plannin9 Commission Mir�utes of May 9, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting dye, Mayor Nee declared the motion carried unanimously. I', RECEIVING CATV COMMISSION t4EETING MINUTES OF APRIL 25, 1979: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission M�eeting of April 25, 1979. Seconded by Councitman Fitzpatrick. Upon a voice vote, all voting aye,.Mayor Nee declared the motion carried unflnimously. CONSIDERATION OF REAPPROVAL OF FINAL PLAT OF BROTTLUND lST AODITION (EAST RIVER ROAD SOUTH OF MISS�ISSIPPI : Mr. Sobiech, Public Works Director, stated the Council did approve the final � plat of Brottlund's lst Addition on January 23,1978, but due to certain legal entanglements with the property, the plat hasn't been recorded to date. Therefore, it is requested Council reapprove the plat since the time period for recording it has run out. � � MOTION by Councilman Fitzpatridk to reapprove the plat for Brottlund's tst Addition with the same stipulations when originally approved. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee-declared the motion carried unanimously. . � CONSI�ERATION OF ENCRORCHMENT INTO DRAINAGE EASEMENT ON LOT 3, BLOCK 2, � INNSBRUCK NORTH AUDITION: � (��. Mr. Sobiech,�Public Works Director, stated this is a request from �tr. R.M. � Swanson for a seven foot encroachment into the drainage easement on Lot 3, Block 2, Innsbruck North Addition. Mr. Sobiech stated it should be pointed out that the City does have a total of 80 feet for drainage easement, generalty in this location, along the rear lot lines. . r 164 REGULAR� MEETING OF P1AY 21> 1979 . PAGE 4 Mr. Sobieeh, Public Works Director, stated staff felt this was a minimal type of encroachment and would not impact the draina9e flow. Mr. Sobiech stated the main consideration is that the fill doesn't block drainage into the main pipe> and to follow the pol7cy to insure maintenance of the drainage system.� � Mr. Swanson stated at the corner of his lot there is an inlet pipe and the � basement elevation would be hi9her than the pipe. . Mr. Sobiech felt, if the house was properly constructed in the lot, there shouldn't be any problems with drainage. � . MOTION by Councilman Schneider to grant permission to encroach seven feet into the drainage easement on Lot 3, Block 2> Innsbruck North, as requested by Mr. Swanson, for purposes of constructing a single family residence. Seconded by Councilman Barnette. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. � � CONSIDERATION OF IMPLEMENTATION OF LARGE FAMILY HOME OWNERSHIP PROGRAM: I. Mr. Sobiech, Pub7ic�WOrks �irector, stated several months ago�, Council discussed the bonus money that was available from HUO pertaining to implementation of the large family.ownership program. He stated the City made application for , this money and the program would consist of acquisition of substandard homes, � relocation of the people to other homes and appropriate write down of P various costs for a new structure. He stated the new homes would be available i to applicants that meet the criteria that is set up. �� Mr. Sobiech stated a preliminary application was submitted to HU� and in �. this particular case, HUD felt prelimimary application was all that was necessary, �. although there was some problem with the application since it didn't include the process invotved. Once the proress was discussed, HUD felt comforta6le �, with the application and will issue the money once the Council requests they � released the funds. �� Mr. Sobiech Yeviewed the qualifications for participation in this�program, . as outlined in a letter to Mary Youle of the HU� Office from Jerry 6oardinan, �, City Planner. .. Mr. Sobiech stated the City would receive about $130-$732,000 which would allow for approximately three or four acquisitions and relocation of existing families. Councilman Fitzpatrick asked, in these acquisitions, if there would be a new house on each of the acquired properties. Mr. Sobiech stated there would be where i.t is possible, however, they have one parcel in mind that is 120 feet and this may involve splitting it into two 60 foot 6uilding sites. Mayor Nee asked if�the City or Housing Authori�ty would have control over the building plans. Mr. Sobiech stated it would be the Housing Authority, but the home would still have to meet the code and ordinances. �Mdyor Nee asked if they couid assure the neighbors that this wouldn't 6e a � "bare minimum " home..� Mr. Sobiech felt more money could go into,the construction of the home since the builder doesn't have to pay the full cost of the land. Councilman Fitzpatrick stated, presumably, those neighbors, where a new home would be 6uilt> are now livin9 next to a substandard house and the new home . would be an improvement. -� � Councilman Schneider questioned the procedure if they had a situation of a .. '. substandard home�and the people didn't want to move. . ,, ; Mr. Sobiech stated once the determination is made, he felt if is incumbent on the City to proceed, hopefully withaut condemnation, as he felt, if they didn't, there might be a liability problem in that the City recognizes it as substandard, but doesn't proceed. Mr. Herrick, City Attorney, asked where the money is coming from to build the new homes.Mr. Sobiech stated this would come�from the lending institutions. Councilman Schneider statQd the Housing Authority i customer" as far as setting the price for which the Section S guidelines. Councilwoman Moses asked who determined who would be Mr. Sobiech stated they would be governed by criteria there will he advertising in Fridley. � Councilman Schneider asked if Fridley families. Mr. Sobiech is given to not necessarily. MOTION by Councilman Fitzpatrick to direct the administration to write the letter to HUD requesting the release of these funds to implement the large family�ownership program. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . CONSIDERATION OF AUTHORIZING THE CITY ADMINISTRATION TO ESTABLISH A PER DIEM POLICY: Mr. Brunsell, Finance Director, stated this proposed policy would establish a flat rate for out of town travel, one rate for within the State and one rate for outside the State. The flat rate would include food, lodging, and incidentals, with everyone receiving the same amount per day. He stated the main reason Aehind this�is that everyone is getting the same rate and it cuts down on the record keeping. � Mr. Brunsell stated they might have a situation where someone was travel trailer and furnishing their own facilities and by having flat rate, they would know what is� allowed. Councilman Fitzpatrick stated he could see the concept> but by not having diem, he felt there was more control over acconenodations and expenses. Councilman Schneider stated he and lodging and receipts could felt the concept of per the full amount whether established on meals other expenses. Mr. Brunsell pointed out the request didn't originate with the Finance Department but came about from discussions by department heads and it was felt it would be easier if they didn't have to keep track of incidental expenses.. Councilman Schneider felt a per diem policy is open for a6use since a trip or conference shouldn't be a money-making proposition and�on�the other hand it shouldn't be a losing proposition for the employee. He felt, depending where the conference was held, he doubted if you could find a motel�or hotel for the rate ailowed in this policy. Mr. Qureshi, City Manager, stated, basically, the question arose when employees use their own transportation and have other arrangements, other than staying in a motel, there�is no compensation set up at all. He�.stated there is a State and Federal policy on the basis of per diem rates and this was researched and is the proposal now before the Council. He stated, however, if the Council feels uncomfortable with it, they will continue with their present policy. Councilman Barnette indicated he would feel comfortable with leaving it is and letting the employees submit claims for what thGy actually Mdyor Nee felt the Charter was quite explicit about itemized receipts. felt undocumented claims could possibly be accepted fo� cab fares and MOTION by Councilman Fitzpatrick to receive the report regarding the per diem policy. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 75-7979 REQUESTING ANOKA COUNTY TO PROVIUE OUTRIGHT DEEO ON CERTAIN TAX FORFEIT LOTS IN EDGEWATER GARDENS: . lfi6 RE6ULAR MEETING OF MAY 21, 1979 . PAGE 6 Mr. Qureshi, City Manager, stated the City requested the County to hold these lots when they became tax forfeit to use this land for public purpose. He stated neighborhood meetings have been held and a conceptual plan was presented for development of these lots for park purposes. He stated staff felt there aas a general consensus of approval of this approach. � . Mr. Qureshi stated it is proposed that the North end of the park be a passive area with heavy activity on the South end. Mr. Qureshi stated Council should be aware there is a request from Redeemer Lutheran Church for a portion of this property that abuts the church property. He stated> if the City does not desire to acquire the property, it would 6e put up for public sate. � Mr. Brunsell stated Marcia Etlicher contacted him asking whether of not the City owns these lots and he advised her this was coming before the Council this evening. Councilwoman Moses asked how long the City was consideriog this area for a park. Councilman Fitzpatrick stated it has been discussed over the tast ten years as this is the only property in this area that has never had arly park facilities� to speak of. fie stated he realizes this is a senstitive area, when they have a request from Redeemer LutheranChurch regarding use of the property for their expansion. He stated the problem is, of course, that the church is interested in the property at the South end and that is the only�area with any width to provide any �kind of athletic field and active recreation facilities. Mr. John Anderson, 831 66th Avenue, representing Redeemer � Church, stated the church is experiencing a crowding and their parking.facilities are inadequate and felt if was�important that they have an opportunity to purchase the property. Mrs. Marcia Etlicher, 6870 7th Street, representing Redeemer Lutheran Chw^ch, stated she was never aware a park was being considered for this� area. She � stated the church.will need additionat parking and requested consideration for the church to obtain this property. , Councilman Barnette asked if the church ever considered this property> when it was tax forFeit. Mrs. Etticher stated, as far as she knows, they didn't and she�talked with Mr. Brunsell just last week and was advised this matter would be coming�before the Council. Mr. Ken Belkholm,�5870 6th Street, representing Redeemer Lutheran Church, . stated tMere is a need for additional parking because now> wi�th some of their activities, they are parking�in the street, He stated he can appreciate the concern for the park itself to serve the youth in Fridley, but the activtites of the chGrch also serve the youth. Cou�ilwoman Moses asked how�many more parking spaces the church would have if they could 9et the four additional lots. Mr. Sobiech stated they would have room for approximately 700 more parking stalls. Councilman 8arnette stated he has told those people in the area that he would do whatever he could to obtain a useable park in their neighborhood. Mayor Nee stated people have also.talked to him a6out the need for a park in this area and he agreed it was needed and i�t didn't occur to him that the chu�ch needed extra space. �. " � Councilman Barnette questioned�if the only day of the week the parking lot was filled was on Sundays. The church representatives stated it is filled alsoo n Wednes'tl�y mornings for Bible stuQy> wM ch is conducted nine months out of the year. � Councilman Barnette stated he felt very strongty that this park should go in and hoped something can be worked out to everyone's satisfaction. 167 RE6ULAR MEETING OF MAY 21, 1979 PAGE 7 Cauncilman Fitzpatrick stated this is something that has been under consideration for the past ten years and believes there is a great need, demand and desire. Mr. Belkholm felt one problem they haven't looked at is when this area becomes a park> there is the question of parking since the church's lot was used for parking last year when there was a skating rink.i.n the area. Councilman Fitzpatrick felt they do have something contradictory here in that the City doesn't plan to provide any parking, but do have the statement from the church representatives that when this area is used people do use the r church's parking lot. � Councilman fitzpatrick felt perhaps if parking could be provided along the westerly edge, it could serve many purposes for use by the church and also by persons coming to the park. He felt is wouldn't hurt to� provide parking for the park,even though it is contrary to the present plan. Mayor Nee felt they should proceed with the resolution to acquire the property �from the County and then proceed to see if something could be worked out on the design and parking. Mr. Qureshi, City Manager�; stated the basic question is if the Council wants � the property and if there could 6e a joint use, he could see no reason why the City shouldn't cooperate. Ne felt they could look at the options to see if something could be worked out. MOTION by Councilman Fitzpatrick to adopt Resolution No. 75-1979. Seconded by Councilwoman hioses. Councitwoman Moses asked the meaning of "unrestricted", as it i�s used in this resolution. Mr. Sobiech stated it would mean that the City could do what they want with the land and is not restricted fior aqy particular use. Councilwoman Moses also questioned the cost for the property. Mr. BrunseTl �, stated the City would only be paying the specials against the property and � wasn't sure of the figure at this time. Councilman Fitzpatrick stated the Council did have that cost at the time they Here considering the Co�rehensive Park Plan. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, a17 voted aye, and Mayor Nee declared the inotion carried unanimously. RECEIVING LETTER FROM REDEEMER LUiHERAN CHURCH DATED MAY 18 1979 RE: ED6EWATER GAR�ENS AUDITION: MOTION by Councilman Fitzpatrick to receive the letter�from�Redeemer Lutheran Church dated May 18, 7979 regarding the Edgewater Gardens Addition. Seconded by Councilwomen Moses. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. � . MOTION by Councilman Barnette to adopt Resolution No, 74-1974. Seconded by Councilman Fi4 patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. RESOLUTION N0. 76-1979 TO TRANSFER FUNDS FROM THE STATE AID FUND TO THE 1978 ( � �� TREE UND: . �TION by Councilman Fitzpatrick to adopt Resolution No. 76-1979. Seconded by Councitman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - ■ l F,8 REGULAR MEETING OF MAY 21> 1979 PA6E 8 MOTION by Councilwoman Moses to receive the letter of resignation from Mr. Gordon Wilson. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mdyor Nee declared the motion carried unanirtwusly. M�TION by Councilman Fitzpatrick to adopt Resolution No. 77-1979.. Seconded�by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimousty. MOTION by Councilman Schneider to ree�eive the following bids for work processing equipment. Wahl & Wahl, 3M Corp.>�and IBM Corp. �- No 69ds ITEM �ESCRIPTION AB DICK CPT CORP. � WANG LA6. 20l E. 78th St. 1500 E. 79th St. 7202 Wash. Ave. Mpis., MN Mp1s., MN Eden Prarie> MP' BID BOND Cert. Check 5% St Paul 5% Fidelity & $854.38 Fire & Marine Deposit Compar�y 1 One screen/work station $17.087.50 $74,240.50 � $13,115.50 & one printer 2. Sound hood for above 55.00 printer 3. Form tractor for above 270.00 printer 4. Installatiorr of items 140.00 pl-3 5. Maintenance on items 1,200.00 dl - 3 after warranty year periad 6. Additional programs math pkg not needed to match �. available yet specifications 7. 180 day rental/option 4,035.00 to buy 8. Percent of rentat apPlicable to purchase 99S ZS 90 days 180 days 1,996.50 OPTIONAL PURCHASE ITEMS 1. 1 case continuous form no bid paper 2. 3.ea, daisy print wheels ea. 13.00 3. 5 ea. ribbons for above ea. 4.00 printer OPTIONAL ITEMS 7. Pr9ces good for: 60 days 2. Delivery time from receipt 8/15/79 of award 245.00 300.00 N/C 929.40 year Standard feature Standard feature Standard feature sao. o0 year math pkg complete in 3 months* 3 , 540. 00 40% 40� rro bid ea. 35.00 ea. 4.50 30 days 30 days 2,814.72 90% 50% 22.20. � ea. 35.00 ea. 5.00 180 days I 60 - 90 days j ' REGULAR MEETIN6 OF MAY 21,7979 1TEM DESCRIPTION 3. Warranty period 4. Lash discount 5. Delivery F.0.6. City COhAtENTS �. : L__� t, �46 DICK 90 days U yes 169 PAGE 9 CPT CORP WANG LA6. 90 ddys 0 ' 90 days 2� (30 days order date) yes best way * will be a61e to demo�strate � in two weeks. Seconded be Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract to the low bidder, Wang Laboratories. Seconded by Councilwoman Moses. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 78-1979 AUTHORIZING AGREEMENT WITH THE STATE OF MINNESOTA ACQUIRIN6 RADAR UNITS: Mr. Qureshi, City Manager, stated the State would be participating in 50% of the cost of these units. � MOTION by Councitman Schneider to adopt Resolution No. 78-1979. Seconded by . Councilman Barnette. Upon a voice vote, all voting aye, Mayor-Nee deciared the motion carried unanimously. � APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Fitzpatrick to concur with the City Manager's appointment as follows: NAME �. . POSITION SALARY EFFECTIVE DATE REPLACES PF�yllis Grofberg CTerk Typist b666 �� June 1, 7979 Pam Hagen 1121 79th Avenue City per Spring Lake Park Management Month Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � . CONSIDERATFON OF REQUEST FOR BEER LICENSES FRIDLEY ,]AYCEES: MOTION by Councilman Schneider to grant the request by the Frid7Gy Jdycees for use of Ruth Circle Park on June 3 from 3 to 9 p..m. and to provide the ite� requested and permit for a beer license.� Seconded by Councilman Fitzpatrick.. Upon a voice vote> a11 voting aye, Mayor Nee declared the motion carried unanimousty. . LICENSES: MOTION by Covncilman Fitzpatrick to approve the licenses as submitted and as in file in the License Clerk's Office. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mdyor Nee declared the motion carried unanimously. CLAIMS: MOTION 6y Councilman Schneider to authorize payment of Claims No. 109652 through 138601. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the rtrotion carried unanimously. ESTIMATES: MOTION by Councilman Barnette to apprave the @stimates as submitYed. .� 1.7 0 REGULAR MEETING OF MAY 21, 1979 � PAGE 10 Suburban Engineering, Inc. 6857 Hi9hwdy 65 N.E. fridley, MN 55432 Partial Estimate #1 for Engineerin9 Services for � Water, Sanitary Sewer and Storm Sewer Project q�27 $ 3,199.70 Patch Erickson Madson, Inc. 2311 Wayzata Boulevard � Minneapolis, MN 55405 . � Partial Estimate #2 - April Inspection of Addition to Municipal Gara9e S 250.00 Weaver, 7alle & Herrick 316 East Main Street Anoka, MN 55303 For Services Rendered as City Attorney for April. 1979 - $ 2>2��•25� For Services Rendered re: Perlman Rocque Industrial Revenue Bonds $ 2,250.00� Smith, .7uster, Feikema 1250 Builders Exchange�Bldg.�� Minneapolis MN 55402' For Services Rendered as Prosecutor for April, 1979 $ 1,920.00 ISLANDS OF PEACE PROJECT ( TO BE PAID OUTOF INTEREST MONEY) � BETHEL MARINE 21755 HWY 65 N.E. Cedar, MN 55017 Propeller - 20 HP Mercury Motor $ 32.50 1 1 Life Jacket $ $'95 � 1 Fire�Extinguisher (AB) 8 74.95 I 1 Flag E 3.95 1 Propetler (Spare) $ 24.95 Minnegasco � , - 714 2 nd Ave. 5. Minneapolis, MN 55402 • Natural Gas thru April 10> 1979 5 64.70 Northwestern Bell Telephone Co. 200 S. 5th Street Minneapolis MN �55402 Telephone Service E 13.76 Northern States Paver Co. � . P.O. Box 9477 � . Minneapolis, MN 55484 � . Electric Service S 7.85 Edward T. Wilmes � 23707 Univenity Ave. Bethel, t44 � Gasoline used for Islands of Peace Meetings E 30.20 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mdyor Nee declared the motion carried unanimously. 171 REGULAR MEETING OF MAY 21, 1979 � PAGE 71 ' COMMUNICATIONS: COMMUNITY EDUCATION DISTRICT #74: COMMUNITY SCHOOL INFORMATIDN: Mr. Qureshi, City Manager, stated this information is being brought to the Council so they are aware that the City is proposed to be charged for use of the school facilities in case they wished to take any position. � Co�ncilman Barnette stated, at the last Community School meeting, is was realized there will be a budget deficit and were thinking of charging an even amount for rent. Mr. Brunsell stated, at the last meeting when they were reviewing the budget, it was determined, unless the school and City contributed sometYing, their program was not going to 6e able to stay at Parkview School. He stated their income is �20,000 less than their projected expenses. Mayor Nee felt the Council shou.ld have some statement from the Parks and Recreation �irector regarding this matter: and the question if they need this use. Councilman Schneider asked how many hours the City was using the building. Mr. Brunsell stated there are 660 uses, two or three hours an evening, or about 2>000 hours a week. Councilman Barnette felt the facility is such that, if possible, the City should try to maintain the use of the building. . Councilman Fitzpatrick also felt they should have a recommendation from the� Parks and Recreation �irector. MOTION by Gouncilman Barnette to note the community school information. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SENDING A LETTER OF APPRECIATION TO GENERAL TELEVISION: MOTION by Councilman Schneider to direct the administration to send a letter of appreciation to General Television for tiieir efforts in presenting the- Public access program, in conjunction with the Anoka County Workshop. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Fitzpatrick to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanirtausly and the Regular Meeting of the Fridley City Council of May 21, 1979 adjourned at 70:40 P.M. Respectfully submitted, Carole Haddad ' William J. Nee Secy. to the City Council Mayor Approved � - 173 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 4, 1979 The Regular Meeting of the Fridley City Council was. called to order at 7:40 p.m. by Mdyor Nee. , PLEDGE OF ALLEGIANCE: Mqyor Nee led the Council and audience in the Pledge of A17egiance to the flag. ROLL CALL• �' MEMBERS PRESENT: Mayar Nee, Councilman Barnette, Councilman Schneider, Councilwoman Moses and Counci lman Fitzpatrick MEMBERS ABSENT: None � APPRDYAL OF MINUTES: BOARD OF REVIEW MEETING, MAY 14 1979• MOTION by Councilman Fitzpatrick ta approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIG HEARING-FiEETIIJG PWY 14' 1979• MOTION by Councilman Schneider to ap9rove the minutes as presented. Seconded by Councilman Fitzpatriek. Upon a voice wte, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL MEETING, MAY 15 1979• MOTION by Councilman Schneider to approve the minutes as presented. Seconded 6y Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. l CONTINUED BOARD OF REVIEW, MAY 21 1979: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded 6y Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanirtwusly. REGULAR MEETIN6 MAY 21 1979• t�TION by Councilwoman Moses to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dectared the m�tion carried unanimously. A�OPiION OF AGENDA: Mayor Nee requested the addition of the following item: "Consideration 6lving Concept Approval to Establishment af a Motor 8ike Recreation Area". MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, M�yor Nee declared the motion carried unanimously. � OPEN FORUM, VISITORS: � � There was no response fran the audience under this iten of business. OL� BUSINESS: e 174 REGULAR MEETING OF JUNE 4> 1979 PA6E 2 MOTION�by Councilman Fitzpatrick to receive the report regarding converting existing townhouses into condominiums, as submitted by Jerry Boardman, City Planner. Seconded by Councilwoman Moses.�.Upon a voice vote, all voting aye, M<yror Nee dectared the motion carried unanimously. Mr. Qureshi, City Manager, stated, in considering approval of the final plat, there should be discussion on the approach the Council can take, either town- house ownership or condominiums. Mayor Nee questioned where the City has the authority to convert existing rental units into owner occupied units. Mr. Sobiech, Public4lorks Director> stated, to specificatly�state that the City can convert existing units into �owner occupied units, there is nothing in the statutes; however, certain platting and zoning codes permit development of a certain nature. He stated, in this case, staff enlikened it to a townhouse develop�nt because it involves a� certain area, certain numbers of units and density, and certian criteria that could be established or waived to consider this as a townhouse development. He stated this is the reason it is being processed through for platting and the variance�requested to satisfy the townhouse development. Mayor Nee questioned if there was something i�n the Platting Ordinance which states�they�could draw a plat like this one p�roposed. Mr. Sobiech stated the Platting Ordinance allows a parcel of property to be subdivided. Mayor Nee also questioned�if a plat could be developed that contains about 30 foot wide lots. Mr. Sobiech stated the Zoning Code does not permit platting into 30 foot lots. That.is why, i�f there is a positive eonsideration of this item, it would be platted into townhouse property in order to strictly conincide with townhouse plats that have been developed previousty. He stated there would be 6locks and lots and the common property would 6e maintained by an association that would have to be established. Mdyor Nee felt, as the ordinance stands now, this is prohibited. He stated the Zoning Ordinaoce provides i.f there is no way to provide a reasonable use - � of the land, then there could be a variance; however, in this case, the site ' is alreac�y established. _ '.._i Counc?lman Fitzpatrick questioned, if in the future, persons could build double bungalows on a single lot and then proceed to split them. Mr. Herrick, City Attorney, indicated this could be done. Mr. Sobiech stated the report received by the Council indicates this has been done in the conver- sions that have taken place. Mr. Sobiech stated there was an articte in the Watl Street Journal which indicates a rental problem with the conversion of rental units that has taken placs� in the Eastern part of the country because, in some wses, you are actually displacing people who cannot afford the homeowner occupied price. � He feit this would be the most serious problem in conversions. � Mayor Nee stated, it seemed to him, in�order to approve this, the ordinance Nould have to be amended as there is no reason for the variance. Mr. Sabiech stated, in this case, i;t is the economical or financial hardship that is involved. - . Mr. Qureshi, City Manager, felt the Council should consider whether or not they wish to allow this type of development and, if so, the proper mechanism should be developed. He stated the staff recommendation is that it be allowed , ��on a limited basis> under the townhouse development requirements. He pointed . out that the City.has about 70 units out of 2900 rental units which may fall ._i into this category. Councilman Fitzpatrick stated what bothers him is simply that he can foresee that the Council would be setting precedent fnr setting up substandard lots. He pointed out that you would not only be creating them with the existing double 6ungalows> but would circumvent the present ordinance. 175 REGULAR MEETING OF JUNE 4, 1979 PAGE 3 Mr. Herrick, City Attorney, stated, aside from the policy of whether or not the Council wishes to have additional rental units or not> the City Code states, in order to have a double bungalow, the lots must be a certain size. He pointed out there would be exactly that much space on the lot whether you have one family owni�ng and one renting or both of them owning their unit. � Councilman Fitzpatrick stated he agreed it doesn't change the density> but only one person was responsible for the building.� He questioned why, if it �-,- � wasn't necessary> it was provided for in the first place. Mr. Herrick felt it was done in order to provide a variety of housing and that it is cheaper to construct a double bungalow on one lot then two single famity houses on two lots. He felt the concept of conversions with dual owner- � ships is a rather new one and was not thought about when the Zoning Code was adopted. Councilman Schneider felt this concept might be a way for someone to obtain two building sites for sale out of what would normally be a single site> thereby circumventing the ordinance. Mayor Nee felt the�entire question had Yo be reviewed whether or not they wanted "0" lot lines. Mr. Herrick felt the Council should determine if they want to allow existing units of this�type to convart from rental to ownership and also if they want to permit this concept for new construction. He pointed.out, if this was to be allowed, the mechanics of it could be done under the code, as it stands now, or with some simple modifications. Councilman Fitzpatrick stated he was not prepared to allow building on 3D foot lots. P1r. Qureshi stated it is a question on whether the Council wishes to permit ��, � more rental units or more private ovmership. L.J Mayor Nee questioned whether one person or several would be responsible for the ' structure. " � Mr. Sobiech stated there would be a developmental agreement which would indicate that the by-laws would be reviewed and that would be enforceable because it is an agreement between the City and developer. . Mr. Nerrick stated a�development agreement would be enforceable, but probahly only until the development is complete, then it is up to the individual property owners to operate it, unless it violates some of the City's other codes. Councilman Barnette pointed out that these units only have one water meter and if one person doesn't pay their bill, how is this handled. Mr. Sobiech stated it rrould be covered in the 6y-laws. Mr. Herrick stated a lien could also be placed against all the property, i�f it is a service that is being used by alt. Councilwoman Moses stated they have this concept in Brooklyn Park and the residents pay an additional sum, in additian to their�rent, to cover the casts for utilities. - Mayor Nee questioned, under this concept, if convenants could be put in> such I as-a co-op. Mr. Herrick felt this might be a passibility. Mr. Sobiech stated the Plannin9 Comnission is in the process of reviewing the Zoning Code and the Metropolitan Council will be stuQying this concept in the next several rtanths. 176 ," RE6ULAR MEETIN6 OF JUNE 4, 1979 . PAGE 4 Councilwoman Moses stated she personally felt this is a trend that is happening now and wpuld like to pass this item, rather than table it. Mr. Herrick stated that some communities have cluster developments�and felt perhaps this might be quite similar where units are very close together and there is a lot of open space that is commonly owned by the entire group. Councilman Schneider felt there�were several issues that this particular plat doesn't raise. He indicated he was concerned with the general maintenance and also that possibly a developer may find some way of using this to totalty undo sar� areas by not fotlowing the intent of the Zoning Code. Councilwoman Moses suggested looking at this concept in terms of existing structures and at new construction in another light. Mayor Nee stated he would feel much better if this was in the Zoning Code as he has a problem of how to rationalize a variance, as far as hardship, since it is now an existing use. . Mr. Herrick felt that if the Council has any inclinations to authorize this type of conversion, they could prepare a procedure to altow it, however, if they felt it was something they didn't want, there wouldn't be arty reason for spending time in establishing a procedure. MOTION by Councilman Barnette to table this item indefinitely for further infor- mation and refer thi; concept to the Planning Commission for their processing and policy recommendation pertaining to the conversion concept. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: RECEIVING THE PLANNING COMMISSION MINUTES Of MAY 23, 1979: REZONIN6 REQUEST, ZOA t�79-02, BY WILLIAM J.�HFlRT (E431��HIGHNAY N65): i MOTION by Councilman Schneider to set the public hearing on this rezoning �� request for ,luly 16, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, a71 voting aye, Mayor Nee declared the motion carried unanimously. � REQUEST FOR SPECIAL USE PERMIT, SP H79-04, 6Y JOSEPH PERROZZI (E181 �. RIVERVIEW TERRACE : � � Mr. Sobiech, Public Works Director, stated a special use permit is required due to the flood plain zoning of the property and, in conjunction with the speeial use permit, variances are requested for waiver of the setbacks. Mr. Sobiech stated the entire lot is not in the flood plain, but only the area along the front of the�property. He stated, in this particular case, they - vrould he raising the first floor with pilings and then.raising the lot to insure no impact ar minimal impact on aQjacent properties. Mr. Sobiech stated the Planning Commission recommended approval of this special use permit at their May 23 meeting. � Mr. Sobiech stated he was confident that this drainage plan, as set up, will �handle the drainage. He stated there was discussion at the Planning Commission meeting.about the amount of slope on the swale section, but he felt it was adequate. Mr. Sobiech stated the petitioner did propose a certain dimension house for the property, however, it was recommended that the house be redesigned to eliminate the need for the side yard variance, which was denied 6y the Appeals Comnission. He stated the Appeals Comnission did> however, approve a variance for reduction in the area of the lot. Mr. Sabiech felt this Nas a very good plan as compared with others in the area. Mr. Herrick, City Attorney, stated as far�as the drainage, the standard rule in Minnesota is that an avner may Aevelop his property in a reasonable fashion, as long as it dcesn't unnecessarily burden the neighbor. He stated it is a very generat rule and depends on a situation-by-situation application. 17T REGULAR MEETING OF JUNE 4, 1979 P,AGE 5 Mr._Herrick questioned if�there was a storm sewer in }his area and if construction of this house would prevent water from getting to the storm system. Mr. Sobiech stated from the grade indicated, he would answer in the negative. Mr. Herrick felt the property owner would have a pretty strong argument that the City can't use his property as a drainage basin. He stated he would suspect he could build on the property, providing he meets the other criteria. Councilman fitzpatrick stated Mr. Sobiech has stated there really isn't a probl�em, but it seems to him if this had been deve7oped by raising the fill � � i two feet> it would shut off the drainage fran the northeast. Mr. Herrick stated he doesn't have nearly as much trouble with the concept of sdying he can build, but has to insure drainage, as with the problem of saying he cannot build on this lot because it has to be used for drainage. If you do this you are saying it is unreasonable or reverse condemnation where the City is really taking the lot for public purpose. Mr. Sobiech felt the concern of the Planning Commission should be reinforced regarding the drainage to insure no or minimal impact on the neighbors. MOTION by Councilman Fitzpatrick to grant special use permit, SP �79-04, with the stipulation that the City be satisified that the drainage plan, as described and discussed, would be maintained in construction. Seconded by Councilman Barnette. Upon a voice vote, alt voting aye, Mayor Nee declared the motion carried unanimously, REQUEST FOR SPECIAL USE PERMIT SP M79-05 BY JAMES LARSON (6740 4TH STREET . Mr. Sobiech, Public Works Director, stated this� ia a request for a�special use permit.to allow a second accessory building for use as a garage and storage of automobiles. He stated the Planning Comnission held a public hearing and has recomnended approval. �_J Mr. Sobiech stated the petitioner is unable to attend because of a recent motor- cycle accident. MOTION by�Councilman Barnette to grant special use permit, SP q79-OS�. Seconded 6y Councitwoman Moses. Upon a voice vote, a79 voting aye, Mayor Nee declared the motion carried unanimously. REZONING REQUEST ZOAq 79-04 BY GRAVES COMPANY (5701 UNIVERSITY AYENUE) fRJTION by Councilman Fitzpatrick to set the public hearing on this rezoning request for July 16, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting dye, Mdyor Nee declared the rtation carried unanimousty. YACATION REQUEST SAV q79-02 CITY OF FRIDLEY (UNIVERSITY SERVICE ROAD) MOTION by Councilwoman Moses to set the public hearing on this vacation request for July 16, 1979. Seconded by Councitman Schneider. Upon a voice vote, all voting dye> Mayor Nee declared the motion carried unanimousty. AuPEALS COhA7I55I0N MINUTES OF MAY 15, 1979 - - -� RIANCE REQUEST BY JOSEPH PERROZZI 81II1 RIVERVIEW TERRACEI• . � Mr. Sobiecb, Public Works Director, stated this is a request for variances, in conjunction with the special use permit��. for construction of a single family dwelling in the flood plain. Mr. Sobiech stated the Appeals Comnission has recammended denial of the side yard setback and recommended approval of the variance for reduction in the� area of. the lot. � 17A PAGE 6 REGULAR MEETING OF JUNE 4, 1979 Mr. Perrozzi stated the Appeats Commission had made a reco�mnendation to turn the house sideways and if this was done, you would not have a view of the river. Mr. Perrozzi stated he felt the requirement for the ten foot setback was excessive> as other communities only require five feet. He felt, if he couldn't obtain a variance for the side yard setvack, the house wouldn't really serve his family's needs. Mr. Perrozzi Pointed out that the other houses in the area are not in comptiance with the setback requirement. Councilman Fitzpatrick felt, if the structure gets too close to the adjacent property, it 6ecomes a fire problRm and other problems foreseen by adoption of the ordinance in the first place. He stated, however, he hates to tell Mr. Perrozzi he can have a house only 29 feet frontage when he wants 34 feet. � pir. Sobiech stated this., again�, is the situation that the variance should be based on hardship. He stated the hardship Mere would be that Mr. Perrozzi: vrould have a smaller home. Councitman Fitzpatrick stated he can understand the hardship, but granting the . variance becomes a public problem. MOTION by Councilman Fitzpatrick to concur with the recortmendation of the Appeals Comnission to grant the variance for reduction of the lot area, but to deny the variance on the side yard setback. Seconded by Councilman Schneider. Mr. Perrozzi stated the problem with the side yard setback was to make adequate� facilities for the Fire Department, but all that was required was nine feet and even with the variance of�the side yard setback to five feet, there would still be nine feet between his structure and the neighbor's garage. Councilman Fitzpatri�ck felt there was a reason why there is a different setback required when it is a garage to house arrangement�, as it is assumed the fire aspect.is increased at that point. He stated he could see the reason for naking the request, but felt a number of allowances have been made on this property and his motion would be to concur with the Appeats Coimnission. Mr. Qureshi> City Manager, pointed out that staff woultl check the disputed � 1 variations they have on the map. j Councilman Barnette asked Mr. Perrozzi if the variance for the side yard set- back is denied, if he would still build on this lot. Mr. Perrozzi stated he wauld have to meet with an architect to design a house to meet.the setback �. requirements and couldn't make that decision until he confers with an architect. UPON A VOI�CE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the rtation carried unanimously. . . .-tdOTION by Councilman Fitzpatrick to receive-EFie minutes.bf the Planning Comnissian� -Ideeting of��May 23,-1979. Seconded 6y Councilman ScAneider. Upon a voice aote, . a}�l�,voting aye, Mayor Nee-declared the motion carried unanirtwusly. � RECEIVING THE GABLE TELEYISIOP! C014MISSION�t•tIP7UTES_-0f FiRY 9, 1979: .. � FHITION by Councilwoman Moses to�receive the minutes of the 6able Television � Comnission Meeting of May 9> 1979. Seconded by Cou�cilman Sci�neider. Upon a voice vote> all voting aye> Mayor�Nee declared the motion�carrisd w�animously. Councilman Schneider asked for� a copy of�the attachments referred to�in these minutes. Nr. Qureshi. City P1ana9cr+�stated.all�costs for�eonsYructi�ng-the projecti, as described Sn�the program documentation,�would be eligible for payment after April 12, 1979. He stated the maximum amount provided under the grant for non- construction costs such as professionsl, leaal,�en5�neering and architectural services would be 12X. Mr. Qureshi stated there is a.timetable for transferring the cnney and-if any interest money is made; it would have to be returned. Councilman Barnette questioned under Ltem 2> Developmental PolicY> the second to the last sentence where reference is made to the Grantee or City, in this case> agreetng to maximize the use of its own personnel and internal services in connection with the administration and accomplishment of.the program. 179 REGULAR MEETING OF JUNE 4, 1979 PAGE 7 Mr. Qureshi stated this agreement is written for a larger unit of government that is�capabte of performing architectural function5. He stated, since the City�daesn't have any architect on the staff, the proposal is that the City contract services for that purpose. He stated he understands that up to 12% of the total contract would be reimbursed to the City for that type of service. Councilman Barnette questioned then that it would not be money out of the Ctty's funds, but money out of the grant funds. �r. Qureshi stated up to 12%. � MOTION by Councilman Fitzpatrick to authorize execution of the grant agreement wSth the F9etropolitan COuncil for the North�Park Visitation Center. Seconded by Councilwoman hioses. Councilman Barnette stated the City woulA receive a grant of $365,000 for con- struction of a reception center and associated items for North Park, but asked if there was any consideration of what it would cost to operate and maintain � the faci7ity and who would do this. He stated he assumes the Springbrook Nature Foundation would pay for alt the costs, but asked if there were any provisions or agreements indicating that the City wouldn't be required to maintain the operation: He pointed out the buitding would be constructed, but there would be no provisions for maintaining it. Mayor Nee�stated it would depend if the lease is renewed with the Springbrook Nature Foundation. � � � Councilman Barnette asked, if the lease was renewed, and the.Springbrook Foundation dcesn't come up with private funds to maintain it, how it would be done. Mayor Nee stated the City woutd have to maintain it. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Mayor Nee, Councilman Schneider, Councilman FitZpatrick and Councilwoman Moses voted in favor. Councilman- Barnette voted against the motion. Mdyor Nee declared the motion carried by �� a 4 to 1 vote. L i CONSIDERATION OF E%ECUTING CONTRACT WITH ARCHITECT FOR NORTH PARK VISITATION CENTER: Mr. Qureshi,.City Manager, stated, in discussions with the architect, he felt the 12% was a high fee. He stated the architect felt this was a special type of building and would require much more work than an ordinary building.� He stated, however, the City staff proposed that the City wouid go the maximum of 11%, w9th each phase of the contract, and either pay the 11% of the contract or 2-�, �times the base salary in regard to the actual time they put in, and the acual sub consultant fee, whichever is less. He stated this arrangement was agreeable with the architect so he is submitting it for the Council's consideration. Mayor Nee stated one comnent made to him was that the City should clear7y establish the existence of adequate errors and omissions insurance and who their consultants would be. Mr. Qureshi, City Manager, stated the Council could approve the execution of the contract subject to the architect•showing they have adequate fnsurance. Mdyor Nee asked if the contract calls for them to design tAe building within the amount of money available. Mr. Qureshi stated their proposal is to pravide a structure with�a nNnber of alternatives. He stated it is their hope to get a maxim�m structure and facilities, within the amount availabte, and this would be done by praviding alternates. (�. Councilman Barnette asked if the architect designed a building that wasn't suitable and the design was turned down, if there was a fee that has to be paid 6y the architect. Mr. Qureshi stated the fee wauld have to be paid, but the approach is generally that you don't go into detailed plans until you have concept approval. He felt a conceptual plan would be developed, before proceed9ng with detailed plans. _ REGULAR MEETING JUNE 4, 1979 Mr. Herrick, City Attorney., asked what provision is made.if they went out for bids and they came in for more than the grant money. Mr. Qureshi stated there would be a7ternates and the City would make a choice of how much of a 6uilding they wanted. ' Mr. Herrick felt Mr. Qureshi's comment is that there is enough margin that the basic part could 6e buitt, within the grant money available, and then determine what additiona7 amenities could 6e added, depending an how the bids came in. MOTION by Councilman Fitzpatrick to authorize -the execution of the contract with�the architect, Design Consortium, Inc.> with the stipulation that there is sufficient errors and omissions insurance to cover the project. Seconded by Councilwoman Moses. Upon a voice vote> Playor Nee, Councilman Schneider, Councilwoman Moses, and Councilman Ftizpatrick voted in favor. Councilman Barnette abstained from voting. Mayor Nee deciared the motion carried by a 4 to 1 vote. CONSIDERATION OF SHADE TREE DISEASE CONTROL PROGRAM FDR 1979: Mayor Nee questioned Option A for tree removal which indicated that all diseased wood must be removed from the property at the property owner's expense. Dr. �Boudreau, Director of Parks and Recreation, stated when a property owner � chooses to fell his own tree> he wouldn't be reimbursed for part of the cost. Mayor Nee questio�ed if they hadn't done this in the past. Dr. Boudreau stated the City has, in the past, provided for pick-up of the diseased wood, but because of the loss of CETA personnel and because they�have�found some people abusing the free hauling, they are suggesting these changes. �Mayor Nee also questioned the requirement for stacking at the curb. Dr. Boudreau stated this would cut down on the charge and assist the contractor, if the City removes the diseased wood. Mayor Nee stated, as he sees it, the property owner could only get assistance in the cost for removal of the tree, if they have the City remove it. Or. Boudreau s.tated that was correct as it is a complete job, with the con- tractor removing the.tree, as opposed to a property owner cutting his own . tree. Councilman Fitzpatrick asked what the bulk of the money received from the State is going towards. Dr. Boudreau stated for payment of the City contractor's expense and to aid in the cost for reforestation. Mayor Nee felt the letter sent to the property owner could be softened to accent the positive aspects, instead of the negative aspects. . �r. Boudreau stated usually this non-compliance letter is sent in cases where there have been repeated attempts made for compliance. - Mdyor Nee felt it should be mentioned in the letter that the City would pay for 50% of the cost and Dr. Boudreau stated it could be changed to indicate that the property owner would be billed for 50% of the cost of removal, with the City paying the other 50%. Dr.�Boudreau pointed�out the City's past experiences have not been gaod in - providing the service of hauling away the diseased wood. He stated the City does not have the manpower, in house, to do this job and it wouid have to be given to the contracton Councilman Schneider asked if the City did the hauling> if the State would reimburse this cost. � . � Dr. Boudreau stated they would be reimbursed for whatever percentage the State sets. ' � 18l REGULAR MEETING OF JUNE 4> 1979 PAGE 9 Councilman Fitzpatrick felt if the service could be continued, within the budget, it is one that is a direct service to the people which they are aware of and perhaps grown to expect and felt they would see quite an adverse reaction, if the service wasn't provided. � Dr. Boudreau stated he can only say they would make every attempt to stay within the allocated monies, whichever way the Council decides to proceed. He stated,� havever, they cannot predict how mar4y haulings they would have. Councilman Barnette indicated he would like to see the City staying with the same procedure of hauling away the diseased wood and reviewing the costs. If �, it is found these costs are excessive, then they cauld get some publicity to the public to indicate the procedure woutd be changed. �' �_ � Mr. Qureshi pointed out that the CETA program was cut back and the aid fran the State was also cut�for this program. Cauncilman Barnette felt there wasn't any question, however, that there would be fewer trees to remove. Ne indicated he would feel more comfortable in providing the service of hauling away the diseased wood, at least for this year, and then taking another look at it next year. MOTION by Councilman Fitzpatrick to continue the policy of.hauling the diseased wood free. Seconded by Councilman Barnette. � Councilman Schneider thought perhaps an amendment should be made to the motion that if, at some point it looks.like the costs would be exceeding the budget, it should be.brought back to Council for consideration. . Councilman fitzpatrick stated he recognizes there may be a problem, but felt this can be done whether or not it is an amendment to this motion. UP�N A VOICE VOTE TAKEN ON THE ABOUE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to adopt Resolution No. 79-1979. Seconded by Councilman Barnette. Upon a voice vote, all voting dye, Mayor Nee declared the awtion carried unanimously. RESOLUTION N0. 80-1979 DRDERING IMPROVEMENT AN� FINAL PLANS AND SPECIFICATIDNS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1979-1, ADDEPlDUM �1: MOTION by Councilwoman Moses to adopt Resolution No. 80-1979. Seconded by Councilman Schneider.� Upon a voice vote, all voting aye, hlayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, stated that Minnesota Statutes Chapter 429.041, Subdivision 4, Paragraph 3, permits the Council to "contract at one . time on a unit price basis for part or all of the street i�rovements to be constructed by the municipality during the current year, including improvements �� which may thereafter be ordered constructed". Mr. SobSech stated the above statute would then provide that the City can � have another separate contract with N. D. H., Inc., at the same unit price, without bids. Mdyor Nee asked staff if they were convinced the prices are better then if they went back out for bids. � � 182 REGULAR MEETING OF JUNE 4, 1979 PA6E 10 Mr. Sobiech stated both concrete and oil have all gone up approximately 25 to 3D% since this bid. ' Mr. Herrick felt> if the property owner is agreea6le to this, in writing, and waives �the requirement for public bid, on one would have the right to object. He thought that perhaps in the future the resolution should be structured to incor- porate this item. � Mr. Herrick also questioned if this was agreeabte to the contractor and Mr. Sobiech stated it was and that he has signed the contracts. Ptr. Herrick stated, if the Council so wishes, they could then proceed with adoption of the resolution and authorization for these improvements utilizing the same unit costs as agreed to in the existing contract, in accordance with Ptinnesota Statutes Chapter 429.041, Subdivision 4, Paragraph 3. MOTION by Councilman Barnette to�adopt Resolution No. 81-1979. Seconded by Councilwoman h1oses. Upon a voice vote> all voting aye, Mayor Nee declared the rtrotion carried unanimously. � - MOTION by Councilwoman Moses to adopt Resolution No. 82-1979. Seconded by Council= man Schneider. Upon a voice�vote, all voting aye, Mayor Nee declared the motion carried unanimously. � NG IMPR�VEMENTS AND FI MOTION by Councilwoman Moses to adopt Resolution No. 83-1979. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously. . � . . RESOLUTION N0. 84-1979 ORDERING IMPROVEMENT.. APPROVAL OF PLANS AND A�DING PROPFRTY Mr. Sobiech, Pubtic Works Director, stated the change is requested for Street Improvement Project ST. 1979-1 in order to�allow the addition of improvements in the Great Northern Industrial Plat to9ether with an alley�improvement in Kyde Park and addition o?' tennis courts on the park property. He stated�this change � order is with N. D. H., Inc., 700 Industry Avenue Nortli West, Anoka, Minnesota and includes the followin9 additions to Street Improvement Project ST. 1979-1: 1. Alley construction located between 59th and 60th Avenue and 2nd and 2-; Street.� 2. Great Northern Industrial Park located east of East River Road, and south of � I-694, connecting Industria1�81vd. � The amount for Items 1 and 2 is $40,753.00. � � 3. Parking lot at Comrtrons Park in the hockey rink area 4. Parking lot located at 5815 Arthur Street (Naturalist Office) The amount for Items 3 and 4 is $19,489.60. � 5. Tennis wurt located adjacent to North Park School Playground on the south � end at the intersection of Lynde Orive and Fillmore Street. - The amount for Item 5 is $10,820.00 The total amount of the change order, covertng Items 1 through 5, is E71,062.00 Which changes the orginal contract price fran $324,552.93 to a revised contract price of $395,615.53. - � l . ` i REGULAR MEETING OF �UNE 4> 1979 183 PAGE ll MOTION by Councilman Fitzpatrick to adopt Resolution No. 84-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND ORDERING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1979-10 SEAL COAT : MOTION.�by Councilman Schneider to receive the bids for Improvement Project ST. 1979-10. � Batzer Construction Co., Inc., J. L. Shiely Co., Bituminous Consulting & Contracting Co., Inc., and G. J. Payne Co. - No Bids Allied Blacktop 3601 - 48th Avenue North Minneapolis, MN 55429 Bituminous Roadwdys 2825 Cedar Avenue So. Minneapolis, MN 55407 Tom Haller Bid Oeoosit State Surety Co. 5% Fireman's Fund 5% Base Bid Bid: $34,689.25 Alt. A: $36,327.15 Bid: b36,388.39 Alt. A: $38,353.87 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. tA0TI0N by Councilman Schneider to award the bid to the low bidder, Atlied Btacktop in the amount of the-base bid price of $34,689.25. Seconded by � Councilman Fitzpatrick. Upon a voice vote, all voting dye, Mayor Nee declared the motion carried unanimously. CLAIMS: ' MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 151V05 through 130J02. Seconded by Councilwoman Moses. Upon a voice. vote, all voting dye, Mayor Nee dectared the motion carried unanirtausly. , ESFIMATES: � . - MOTION by Councitwoman Moses to approve the estimates as submitted. Halvorson Construction 4227 165th Avenue N.E. Wyoming, FW 55092 - Estimate 85 - 1979 M9scellaneous Concrete Curb and Gutter Contract N. D. H. Asphalt, Inc. 5400 Industry Avenue Moka, MN 55303 Estimate #1 - Work to Uate, ST. 1979-1 Estimate R1 - Work to Date. ST. 1979-2 ISLANDS OF PEACE PROJECT (To be paid out of interest money) i Fridley Our Own Hardware 214 Mississippi Street N.E. Fridiey, MN 55432 Screen for door repair and labor Chain for chain saw Saw sharpener Lawn mower bett Rope Cbain Master Lock $ 568.13 517,752.50 3.482.30 $ 8.77 16.30 4.95 6.54 5.20 17.90 5.49 65.15 184 RE6ULAR MEE7IHG OF JUNE 4, 1979 PAGE 12 Satellite Service - 2530 Xenium Lane North Minneapolis, hW 55441 Trailer rental for h1ay _ - $ 110.25 � TOTAL $ 175.40 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTIDN by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF GIVING CONCEPT APPROVAL TO ESTABLISHMENT OF A hiOTOR BIKE REC- REATION AREA: Information was submitted to the Council regarding concept approval to establish- ment of a motor bike recreation area and the staff is to bring back to Council a finalized resolution for their consideration. COMMUNICATION: - SPRINGBROOK NATURE CE�JTER FOUNDATION: �PROGRESS REPORT FOR�1978: h10TI0N by Counciiman Fitzpatrick to receive the�communication from the Spring- � brook Nature Center Foundation regarding their progress�report for 1478. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - ADJOURt�MENT: � ' MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman ----> Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion �carried unanimously and the RegulAr Meeting of the Fridley City Council-of June 4, . 1979 adjourned at 10:05 p.m. . Respectfully submitted, � Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: I � � �� FRlDLEY CITY COU�VC i L REGULAR MEETING - JU��lE 4, 1979 - 7;30 P, �I. t�EMO T0; DEPARTMENT }iEADS �• FOLLOWING ARE THE �'ACTIO�JS NEEDED"� PLEASE HAVE YOUR ANSWERS BACK IN THE CITY P•�ANAGCR�S OFFICE BY THE i�EDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING, THANK YOU� C Q=�� /3� /yJ�, 0 �OARD OF REVIEW f�EETING, I"�AY 1�1, I9�y PUBLIC iiEARING i°�EETING, MAY 1�1, 1979 SPECIAL P'�EETING, P'�AY IS, I9�9 �ONTINUED BOARD OF REVIEW, �AY 21, 1979 REGULAR �'�EETING, MAY 21, 1979 All Minutes adopted as presented ADOPTION OF AGEPJDA: A�D: Consideration of Giving Concept Approval to Establishment of a Motor Bike Recreational Area at Bunker Hill �' OPEV FORUi�I, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA — l� MINUTES) No Response OLD BUSINESS: RECEIVING REPORT REGARDING CONVERTING EXISTING r TOWNHOUSES INTO CONDOMINIUMS AND � CONSIDERATION OF APPROVAL OF FINAL PLAT AND VARIANCE, �AY PARK� RLVIN r'�ITSCHKE, 6661-%1-81 MAIN S7REET . �TABLED 5/21/79) . . , , , , , , , , , , , , , , , , , , . 1 - 1 S Report Received Final Plat and Variance tabled - Refe.rred to Planning Comnission for procQSSing and recorrrnendation ACTION NEEDED: Forward to Planning Corrrnission for processing and return for Council action with their recommendation PJEW BUSINESS: RECEIVING THE PLANNING �OMMISSION MINUTES OF �iAY 23, 1979,, 2- 2 RR 1. Rezoning Request, ZOA #79-02, by William J. Hart (6431 Highway #65}, . , , , , , , , , 2 - 2E P.C. Recommendation: Denial of request & 2X - 2Y Council Action Required: Set public hearing for July 16, 1979 � Public Hearing set for July 16, 1979 ACTION NEEDED: Make arrangments for public hearing 2. Request for Special Use Permit, SP #79-04, by �oseph Perrozzi (8181 Riverview Terrace).. . . . . . 2E - 2L P.C. Recommendation: Approval of request & 2Z - 2AA Council Action Required: Consideration of recom- . mendation SUP approved with stipulation on drainage ACTION NEEDED: Notify petitioner of Council action 3. Request for Special Use Permit, SP #79-05,.by James � Larson (6740 - 4th Street). . ... . . . , 2L - 20 P.C. Recommendation: Approval of request • � & 266 - 2CC Council Action Required: Consideration of recom- mendation . SUP Approved . IC WORKS ACTION NEEDED: Notify petition of Council approval C�7 'UBLIC WORKS BUSI�ESS �CONTINUED) (Planning,Commission Minutes Continued) 4. Rezoning Request, ZOA #79-04, by 6raves Co. (5701 University Avenue). . , , , P.C. Recor�nendation: Approval with stipula�ions Council Action Required: Set Public Hearing for July 16, 1979 Public Hearing set'for July 16, 1979 ACTION NEEDED: Make arrangements for public hearing 5. Vacation Request, SAV #79-02, City of Fridley (University Service Road). . . . . . P.C. Recommendation: Approval of request � Council Action Required: Set Public Hearing for July 16, 1979 Public.Hearing set for July 16, 1979 ACTION NEEDED: Make arrangements for public hearing 2R - 2T •& 2DD - 2EE 2U �& 2FF - 2GG 0 6. Appeals Commission Minutes of May 15, 1979 Item--- Variance Request by Joseph Perrozzi (8181 Riverview Terrace). . . . . , ,2HH - 2RR �peals Comm. Recommendation: Approval of lot size reduction and denial for reduction of side yard setback Council Action Required: Consideration of recorranenda- tion Concurred with Appeals Commission recorrcnendation ACTION NEEDED: Inform petitioner of Council action � , RECEIVING THE CABLE TELEVISION COMMISSION MINUTES OF ��1av9� 1979. ,,, � , , , , , , , , , , , , , , , , , , , , 3-3K� Minutes Received � ACTION TAKEN: Minutes have been filed-for reference REGULAR MEETING, �UNE 4, 1979 NEW BUSIyESS (CONTINUED) PAGE 4 • • CONSIDERATION �F EXECUTING GRANT AGREEMENT WITH METRO .,, COUNCIL FOR NORTH PARK VISITATION CENTER GRANT� ��,��, 4— 4 F Approved by a four to one vote � .IC WORKS ACTION NEEDED: Have document executed and forwarded to Ptetro Council CONSIDERATION OF EXECUTING CONTRACT WITH ARCHITECT FOR ��ORTH PARK VISITATION CENTER� � , , , , , , , , , , , , , , S Approved with stipulation for sufficient errors and �omissions insurance to cover project C WORKS ACTION NEE�ED: Have contrac� executed and make sure that architech ^ . has sufficien� errors and omission insurance. CONSIDERATION OF SHADE TREE DISEASE CONTROL PROGRAM FoR1979„ ,;;,,,,,,,,,,,,,,,,,,,,,6-6B City to continue providin9 free hauling of the wood _ ACTION NEEDED: Proceed with Program for 1979 with the free hauling of wood CONSIDERATION OF RESOLUTION RECEIVING PRELIMINARY REPORT AND AUTHORIZING EXECUTION OF AGREEMENT TO I�AIVE A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1979-1, ADDENDUM �l, � � . � � � � . . � , � � . � � , � � � � � . . % — J B Resolution No. 79-1979 adopted WORKS ACTION NEEDED: Proceed as authorized UBLIC WORKS 1BLIC WORKS NEW BUSINESS (CONTINUED) CONSIDERATION OF A RESOLUTION ORDERIN6 IMPROVEM�NT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1979-1, ADDENDUM �rl. � � A , � , , � , . , , , , , , , , , , , , Resolution No. 80-1979 adopted ACTION NEEDED: Proceed as authorized � 8 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND AUTHORIZING EXECUTION OF CONTRACT WITH P��D.H „ INC�, Ig%9 STREET IMPROVEMENT CDNTRACTOR, FOR STREET IMPROVEMENT PROJECT ST, 1979-1, ADDENDUM #l� .,9 - 9 H Resolution No. &1-1979 adopted ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND AUTHORIZING EXECUTION OF A6REEMENT TO WAIVE A PUBLIC HEARING ON THE i�ATTER OF CONSFRUCTION OF CERTAIN IMPROVEMENTS: WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT N0, IZ�� , . , , . , , , , , Resolution No. 82-1979 adopted ACTION NEEDED: Proceed.as authorized � • CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENTS AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THER.EOF: �"IATER, SANITARY SEWER AND STORM SEWER PROJECT fdo . 127 , , , , , , , , , , , , , , , , � , , . , , , , , , , Resolution No. 83-1979 adopted ACTTON NEEDED: Proceed as authorized , i0 — lOB 11 IVEW BUSItiESS (CONTINUED) � ' CONSIDERATION OF A RESOLUTION ORDERIN6 IMPROVEMENT, ,, � APPROVAL OF PLANS AND ADDING PROPERTY IMPROVEMENT ONTO EXISTING STREET IMPROVEMENT PROJECT,ST, 1979-1 �CHANGE ORDER ��0, 1) � � . � � � � � � � � � � � � . � � � ,IZ —"ZZ E Resolution No. 84-1979 adopted C WORKS ACTION NEEDED Proceed as authorized RECEIVING BIDS AND ORDERING CONTRACT FOR STREET IMPROVEMENT PROJECT $T, 1979-10 (SE�� OAT)� � . � . � . , 13 - 13 A Received bids and awarded contract o Allied Blacktop IC WORKS ACTION NEEDED: Inform Allied Blacktop of Council award CONSIDERATION OF GIVING CONCEPT APPROVAL TO ESTABLISHMENT OF A MOTOR BIKE RECREATIONAL AREA AT BUNKER HILL , iNAGER ACTTON NEEDED: Prepare resolution giving concept approval to Mini Motor Bike Recreation Area for Council approval at the next Council Meeting �LAIMS� . � � � � , � � � � � . . � � . . , , � � � � � � �14 Approved ACTION NEEDED: Pay claims ESTIMATES � � � � , � � � � � � � � � � � � � � � � � . � IS Approved_ ACTION NEEDED: Pay estimates _ LICENSES, , , , , , , , , , , , , , , , , , � , , , . , , , 16 - 1G I Approved ACTION NEEDED: Issue licenses COf�MU(JICATION: SPRINGBROOK ��ATURE CENTER FOUNDATION: PROGRESS REPORT FoR 1978, , , , , , , , , , , , , , , ; , , , , , , , , , , �17 - 17 B Report Received � NO ACTION NEEDED PUCLIC IiENRING [�EI�UR� TIIE GITY COUtlCIL 70 WHOhI IT MAY CONCERiI: Notice is hnreby giver. that ttiere will be a Public liearing of the City Council �r' the City of fridley in the City Hat7 at 6431 Un�versity (Ivenue Northeast or� Plonday, I�iay i4, 7979 in the Council Chamber at 7:30 P.M. fnr the purpose af: Consideration of a Final Plat, P.S. N79-01, Jay Park Addition, 6y F11vin A. Niischke, being a . replat of Outlot 1, Rice Creek Plaza South Add�tion; that part of Lot 32, 61cck 4, Lowell Rddition to fr;dley Park, lying Worth of the Sou�h 2.7 feet. thereof, includi3ig ti�e West half �f vacated al]ey ajoining and incluaing thac part ot vaca`e+ St. Croix Stre2t adjoining, lyin� Scuth o� 6utlo�� 1; Rire Creek Plaza Rcditi��r, to allcvi an existing tri-plex to be sold as three ir�d;vic�ua7 tot;�nhouse unit>, lying in the North Half of Section 15, T-30, R-24, City of Fridley, Ccunty �f Anoka, �dinnesota. Generaliy lacated at 6061, 6671, 668i Main Street hi. E. . Anyone d;sirir�g tc be heard �aith refei^ence ��o the abo!�e matter wil i be lieard at i-h;s n�eating. • W:LLIAM J: PtEE PIAYUR Publish: ,9pri1 25, 1579 rsdy 2, �s�y 1 crrx or nzip�r P7A17NII;U COI/}6lEiI01'J I�TI;�G - MARCH 21, 1979 ---- ,' A CAi.L TO ORDT�..I' i: Chxirman Iiurria culled the F�farch 21, 1979, ��ecting af the Planning Co�issioa to order at 7:30 P.t•i. ROLL Cl�LL: Diembers Pre�eat; Mr. Storla� Mr. Cquint� Mr. Iiarrie� Ms. Suhrbier (for Mr. Peterson) Ms. Gabel (Por t•Ss. ;chnabel), Na�. Lcn¢enfeld Members Absent: t�Ls. Schnabel/ Mr. Peterson Othera Pr.�sent: Rey Leek� As3ociate Planner 1. APPROVF PLAhR1IizG CCh"�i.TSST_OTd hLT.I:iTJ.`ES: FT.BRUr.RY 28, 1974: ASOPSON by Mr. I.�an;enfel@' seconctea by }Ir. Oquist� to approve the Februziry 28� 1979r r�inutes of the P1Gnning Co�iesion. U=QI3 A VGT_CE VO?i� ALL VOTII,G AYE� CIiAIRNLAPt F1A.RRIS D!�.CLAi?ED TI� I:OTIOId CARt�� tRiAP1".C2.0'USLY. ' 2. f�I'1'RO�� FT�AI9TV7Y�'G COt•'��fISSSON MT.ti[T":S; t�.ar.ca 7, i979� . I�iOTI�id by i�s. .^.��ui�t� �econded 3y D%s. Gcbe1, to aggrove tne tdare�i 7; 1979r minui;ea o Lhe YZanuir� C�iesion. UPON A VOIC� V�� ALL VOTItd^v AY�� CAATRP+'JaN HARRIS DsCLARc^.D Tc4; hATI021 CARRI�D UNANIi PUSLY. �-�_ 3 CF A Pn0?0�?'D 3AY YAti.�C nl;Dl'I?O�i 1 li] :1i;��:tI� A. P;i'.i��C:r�:'t:: tielna a repla'� oi � �^�,-�sFce reek Yla�a South A:.di�ion; b.et purt oi lot 32� B1cc?: 4� Lrn�rell Addition to F'ridley Perk� lying Iior�cn of ilie South 2.7 feet L-hex•eoY� inc'tttdirta, tYmt part of St. Croix Strect edjuinir.�� yrin� Sout� oY Outlet 1, Rice C:e�k Plaza South Addition� to sllow s three unit tcrnhouse derelcpment to be so2d sep�rately� general�y locate3 on the Past side of 2�lsin Street in the 660Q b].ock. b�TION by hlr. OQuist� seconcied by Mr. Storla� to open the public hearing. UPON A VOICE POTA:� ALL VCTIhG AYE� CHAIRhIAI3 HARRIS DECLAR�D THE PUBi.IC FIEARIt7G OP�N AT 7:35 P•t�• Mr. Leck stated that after Stnff Revieu� City StuiY lmd no problen wit� the request far� a plat. The puzqose of the request is to change existii�, units iuto esse:�tinlly ownership imits. Staf.f dete:wined Lhst iY the Flnt is approvcd, �he.re would hrive to be n requect for v$riauce for the townhouse cize requircmentc and �that the i;owuhou�e ordiaance requires s winimum area for devclopment of tea (10) acres. 'Phe areu oi the lot in queatiea Ys rough�y 1/3 of an acre. But City Staff.would h�ve no problem �tith tk�nt. PI.AMIING cON�12SS2oN M�E'TSr7G� MNicII �! 1979 � PAGE 2 Mr. Nitockilce otnted it wns a nice structure aud would mFSke a nice sinA;le famiJ,Y dwcll.ing. One hr�o 1120 cquare feet with two bedrooms up and a Yull bosement. Another one hea about ]200 Equare Yeet� and tha one he is living in ie ¢ little lnrger than the other two. A member oi the audience aeked if they Kere talking About,existing strueturea or if they were planning to add one. Mr. Aarris n�iated thcy were talking about existing struetures. d +� � � 2here were no further co�enta from the sudieace either for or agaiust the request. Mr. Oquiat asked i£ he understood it proper.ly that these were existing units� pre- sently rental units� end the petitioner wanted to sell them. ldr. Nitschke stated tl�at was correet and he lived in one oP the unite. He would 21ke to sell the other two rental units sing]y. Mr. Oquist asked if they needed a replat Yor that. ' Mr. Langenfeld stated they would have to make them separate purcels in order to be sold separately. Mr. Oquist asked if the lot would be sold with the house, and iY gara�ea were there. Mr. ilarris atated that wtts co�rect. Ms. Gabcl asked if the petitioner would need variances for zero Zot lines. t+�. Harris stated thst cias correct� they would tteed varionces. Mr. Leek atated thot in light oP the fact that they were townhouses, they r�ight not require variances for thc setbacks for zero lot line�, but would for the size. Mr. Harris stuted that it appeared there were two garagas for the three units. Ae aeked if tlust was correct. rfr. Nitschke stated there were four gurages� two daubles and two singles. Mr. Harris stszted that the t�ro single garages would elso be split. Mr. Nitschke stAted that was eorrect. � I�TION by Ms. Gabe2� s@conded by Ms. Suhrbier� to close the public hearing. UPON A VOICE VO'FE, AIS, VOTIPiG AYE� CAAIRMAN HARftI5 DECLARID TAE Pt1BLIC HEARING CIA5ID AT 7:40 P.M. Mr. Harris aeked Mr, Leek if they would need aqy additional easements Por the replat. Mr. Leek stated there vere none h� wae avare of. FT.AIII4It3; C�i�aez�c.TOr� t�2�xri., rdnTtrti�/ 1979 �'�+�� 3 1 � Mr. Iiurris asked how the utilitles Ped into the unite� if thera �rere three ecparote dropo into thc unita. Mr. Nitschke atated there wae one line for water r�nd onc line ior sewer. The water cou].d be metcred separately� and he uu�Qested thcre be t�n aseociation agreement ior the aeWer. Mr. Harrie agreed there should be an a�reem_nt nnd asked ebout the power. Na�. Nitachke st4ted the pawer was eeparate and also the gas Was separate.' Mi. iirzrris asked iY there were three saporate aeters. Dfr. Nitecbke stated there were two electric meterc on the middle house. Tir. Ilrxrris st�ted tnere should bs an a�re�nent regsr3ing the meters bein�, on that building. Ns. Nitechl:e s�reed. � i+&�. iiarris stated ttk,t he h.zd noticed there was A drainage and utility eas�ment acrbse the £ront of the proposed Lot 1 and tue proposed Lot 3. He asked ii that wss an old easement. A2r. Leek steL•ed he was nc� st:re an3 would have to check. t�ir. B8�'Tts ctated it lool:ed lilce part oi � v�scate3 slley; and wondere3 if �hey were retc�iaing r.n,y of that alley For drain�ae an3 utilitq. Mr. Nitsekike stated he had purchase3 part of t?.�t property fron the City. When he first purcha�e3 the lot� there was a vecated street on the north side oi the lot, so he purcl2ased part oP th.at �rom the City end uzoved hi� lot up a little Purtt;er so an additionnl 26 feet could be added t�o the park. He was not aware of a druina�e easement. ASr. Harris stated that since they were rep]z�tin�� they should make sure the cirair_�ge and utility easements show on the replat. 140TION by bir. Landenfeld� seconded by t�a. Onu3st� to reco�end to Council epprrnal o�' tha proposed preliminary plat, P.S. �'j9-Ol, Say Psrk P.ddition� by Alvin A. Nitscl�ke: Being a replat of Cutlot 1� Rice Creek Plaza Sauth Additien; that pc�rt o£ Lot 32, Block 4, Lowell Addi�iion tp Fridley Park� lyin� North of the South 2.7 Peet thereof� includi.ng the k'est half of t�scated alley adjoiniu; and includin� tbat part of St. Croix Street adjoiuin�� ]ying South of Outlot 1, Rice Creck Plaza South Addition� to ullrnr a three unit toanhou�e development to be sold separate�y, general�y located on the �¢st side of h`ain Street iu the 6600 block� with the stivu.lations that StAff Iook into the utility factore in re�;s�s to c�parate meters ror waier, �as ;�nd vower ann a so to m�3;e certain there are uo �I'ODL��1'l5 �rith s�tb,�cks and cesemems esnecial7y 7 s Are shrnrn on tice new s�ke UPON A YOICE VOTF;� /�LL VOTIN�. AY�� CIiAIIitLAN 'IIARRIS DECLAItED TI� r�ION CARRI�D UNANIMOUSLY. h�l ^` 3. RTC�N� APPP•.�LS C01?I4I��I017 1dIWU1TS; API2IL 10� 197�: � � �� Q' MOTIOii l,y 14a. Schnnbel, seconded by Mr. Oquiot� to, receive the April 10� 1979, m�nutea of Lhe Appcala Commission. � / 1� Me. Schnabel. stnted that the diacucaion start•in� on pa�{e 4 oP Lhe minutes centered on the item that hnd been before the Plnnnin,n, Commircion previously. The item �rAs n requeet by Alvf.n NitscheY.e, 6661 t;nin Str.eet� to rezone his property. It came to Appeala with n vuriance requect. She stated thot she was quite shocked wheu she went over und looked at trs. tiit�cl�eke's property becauce she did not renlize from tl�e Planning Commiseion minutes 1:hat 1:here uas A multiple use on triis piece oP property. She did not know if the Planning Cormnicsioners had looked at the property, but it didn't come out in i;he minutes, and it bothered her tremendously. Mr. Oquist aeked what she meant by n multiple use. Ms: SchnabeZ stated there was a corrunercfal use in the garage. PAr�C oP the garage was converted ini;o a State Farm Insurance Office. So it is a commercial use of' the property as vell as being a tri-plex. The commercial use is an open violation of our zoning cale, but that was not 1;he question that the discussion centered around. As you can tell £rom the list of questions at the enfl of the minutes, they had a lot oP questions concerning this piece oP property and others that will come up like it. They were not zeroing in on this piece of property per se, other than it has brought to their attention many questions concerning den�ity, l�ow the City would like to see propexty reclnssified in the future, lot si'zes with re�ards to tt�ese types of requests and a loti oP other questions i;hey felt should be discussed before tl�e Board of Appeals made a decicion on this p�z:ticular requect. 9he assumed that the corrunissioners had read the minutes an3 either k:ad questions of tbeir own or some answers to the Appeal's questions. She felt they l�ad some problems with the cusrent zonin� ordinance and they should perhaps add.ress these problems in the new zoning ordinance as ti�ey rermite it. One of the questions was the number of units. Do we still want to require a minimu� of 60 units in a ne�a townhouse development? That is rrhat our code current�y requires. It also requires,5 acres oi land, and so roany �quare feet per unit comes down to 60 uni•ts us a minimam development for tm.m- houses. Another question was in regards to existing units. Tf there is un existir� unit in An R-1 District it reguires more square Poota�e than the same existin� unit built in an R-3 District. There y�as a discrepancy there in our configurations. Thera wa[s a discrepancy in ovr zoning ordinance conceruing gara�es. There was one set of xules for townhouses and auother set of rules for double bungalows. That was not necessari�y consistent in terms of rental proFerty� yet we see tl�at kind of property also comin� before them for e reclassification such as this. There wa� n difference in subletting. If you have u townhouse development in.an R-]. Zone, you cannot sub- let that property. It must be oWner occupied. The some is not true i£ it is in an R-3 Zone, yet it could be the same building in both zones. There were a lot of questions they felt the Planning Coawission should look ut u� sc�e of i;he sub- canmissions might also want to look at them also. She stated that first of sll they should tiy to zero in on this purticular type of situni;ion so that the Appeals Commission could nct upon it. bfaybe the thin6 to qddresa is exiatiag units nnd then get into new development after that. r�r�:^rr.r�c„ n��rTr. 1E Tdr. Iinrris atated tlwt aa he ceen it� the buaic queation ie whether we chould a].lo�.r theoe particulnr i:ypea of unita that arc now cxiol;ing Lo be r�old AII 1:vwn- houoeo. � Thr. �oardmun ctated that nt the Appeal'r� meetin� he twd brouQht up the questivn of dencity und i'eli: th� Plunning Commi�aion chould diccuso it alco. rirat oY all� thc utai'£ clicciced with other Cor.ununitles to find out how thcy were handlin� theee types of xequeatc becnusc they are Gettin� norc anci more of i;hem. A majorii:y oY the com�nunitics contacted felt t1�at if� in the rr.ietin¢ properties tlie deneities 8on�i: chant,e� the type of ownership didn't reall,y matter. The thinge they shov].d Iook at are the thin�s that would be ccrrunon or �rould require un a6reement Uetween ownerc� rather than looking at Hhether they are goin� to allow it or how they're �oing �o split it. Re�ardl.ess oP What �Lhey do� they would still be looking ai; tihe came density oP livin� units. Mr. iTArris stated that tiras 1;rue, but control vraa a different thing.- In this parti- cular case, in�tead of one cn�mer to deal with, rre �rould dealing wii;h a coirmittee. t�. I3oaz^dman stated they r!ould :�ave to deal with three individual oomerc. l�ir. Harris stated that the ordinance requires in tormhouses some sort oP a n:ana�e�ent organization to tal:e care of the brounds and so £ort'h. Mr. IIoardman si:ated that he sees no difference legally in this situation tl�an in a one ownexship situation. , t� ,. SclviabL�l ctated she did not agree entirely. If he was ta.11cing about 211 apsrt- ment co:aplex convertirg to a condo:ninium, she could see that arran�ement itt a different light than a s!nall isolatied unit like tha't because ar. �partment c a.pler that goes condominium generally� has an area of land that has been pore s�ecii3.cally developed to that type oi' multiple existience. It has cornwou �iounds� parlcinb sptaces avd n uumber of thin�s that nre �ore geared to�aards that type oP density nn3 the interna]. aspect of whether it is one-perspn rnaned or multiple-o.aied in i;lie condom- inium sense doecn't necessari]y alter that as much as an isolated buildin� does. She �ees ra difference Uet�+een e sin�le f'ree-standing uni't like this and a larger complex develonment. • Mr. IIoardmsn stated i;hat he agreed there was a diYference. He felt i;hey should look at dePiuitions of the different type� o£ units which they never k�ad in the code. A deffn3tion of a condoninium refer� to o�anership of an apartmeut. It means privnte ownerehip of an qpartment witiii no land involved. A townhouse is privnte ownership of the propertv eith just the property under the building as pwnership. A patio Lorr:e is �enerally classified as fran one to Sour units set extremely clo,e to othcr units of its t��e which require land ownership more than just tmderneal;h tl�e unit. Al2ybe they should look nt these definitions and see if tt�ey are goin�, to allow definitions of this ty�e cnd under whnt zones they would Ue nllocred in. Firei: �.hey should deal with the e�istin� situution und density hc�s been brou�;ht up time nnd time ugain. If i;tie densitics are the sanie and Nill remain the G6NC then wYu3i� difi'ercuce docs it n,nlcc whei�her i1;'s A$OIIIC ownership ty�pe of eittwtion, or qpartmeiit owner3hip type of cil;uaCion or whether it�s a rentol type of cituation if i:he zonc3 ure correcily zoncd Tor thoce types of uses. I{o:�e owner- ,Bl�ip� eveu in e coudrnninium ocanershig where tliey huve a lot of people on Q cor.miittee involved in ii:, they atill liave home owner :hip which menn� that they hove comebcxly that'a tukin� better care of Llie property becauae they own ii: und iwve All investment in it. PLANP�ING C01hh1ISSI0N MBCTIN�, APRIL 1(3, 1979 - PA�� ' - - 1F Mr'. Bouidman ctated that he questioned whether it mude that much dlYference as long as the denaities remnined i:he eame becauae the purpose of zoning in the first place is density. Ma. Schnabel stated thet it struc$ her in reading the minutes that the attempt waa to reclassii'y it into rrhat is so called the easiest classification to work with. It seems that someone rorent through i;he code book and took a look at what required the leas�E amount of variances and came up with the realization that A townhouse would require the least amount of variances, so they recommended to the petitioner that he app7y for a townhouse, Naybe thi� piece of property and others like it would be better oPf with ran R-1 classification even though it requires more variances than a townhouse cltsssification. " Mr. Boardman stated he would have some real problems with that beceuse that rrould 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 an R-l. He felt there were some real problens o�ith re- zoning to an R-1 just because they were tryin� i:o control ownership on a piece of property. He did not see where there was a problem in trying to control owner�hip. � Whether they had ownership or rental in a situation like this he did not see any problem because the density wes set for R-3 and it was being developed for R-3. The reASOnin� behind the to•�mhou�e definition of it wes because thFy had no other dePinition that would allow this type of split ownership whei^e they had houses butting ri.ght up next to each other. Ms. Schnabel referred back to the question of owner �ccupie3 dF:ellings� becaune this was one of •the key points in this issue. The selling point was that if it became a townhouse it woul.d be okmer occupied and as a result ttiere��would be more pride in the property; the dwelZing would be kept up Uetter, etc. Sbe steted that was not required under our co3e. If 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 ca.ne in an biqr one o£ those units and turn�around and sublet it. bfr. Boardman 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 �one in e. residential area for a single family nouse. He questioued the reasoning behind that. � Ma. Schnsbel stated that she agreed with Mr. Boardmaza but that's the wqy the current code book reads. Sbe brought it up because she felt it wos important for them to discuss it and underctand it so that when they do rewrite the code they would huve a better idea of where they are going and what they want to say. Mr. Boardman stated he un3erstood that but felt thst going to ttn R-1 zone and then bringin6 variances to allo�a this would be opening them up for other areas such as $0 foot' lots or 50 foot lots being cplit into tcro ownership units and dividing tbe 40 or 50 foot lot into two 20 or 25 £oot lo{;s as lon�, as they had 3,000 square Soot. They would run into real.problems with that whereas if they look nt exi�ting pro- perties and allow existing praperties by density nnd then set up some controls on nex property such as a patio home development� as least they could handle the PLANP�IP.0 COL�tISSION t�ILZTItIG APRIL 18 igf9 PAG� 5 �, G exiating propert�iea baned on density and look aC ideals for di�nsicy on tihe new units. He felt the whole ic3ue came dorm to the fact thmt the zoning ic based on dencity. They were trying i:o protect o certain deneity within an area and there were other thin�s that enLered into thAt such as setbACY.s And thoee types of thi.x�gs which esi;ablish stondards withi.n an area. Thosc ctandardc axe set based on a dencity. Mr. ftarris asked if this wa3 zoned R-3. Mr. Boardman stated that was correct. Mr. Harris asked ii in a townhouse association the lands were held in coicmon. N�'. Boardman stated that in some situations they were but in thic case it would not be that way. In this case� the way it's set up, the lot linec were bein� divided all the way throu�h the lot so each unit kias a separate yard�area. Mr, Iiarris stated that bothered hi.m. Mr. Boardm.an stated that each of the units Would be respon�ible for the maintainence • and upkeep of their yard area. Y✓x� Oqui�t asked why that bothered Air. Harris. It's no diSferent from a aingle ramily private dwelling. Mr. ffarris stated they should look at ��hat could hapren. If they split it up into three parcels� he assumed ther•e would then be three di�ferent tax state�ents, three different o.*ater reters and three different gas meters. Mr. IIoardman si:ated ti�at would depend on how the. utilities were set up. In this case there might have to be a common utility agreement. He was not sw'"e what the situation was on that. , . Mr. Harris asked tdr. Nitscheke if he had one water meter or three. Mr. Nitscheke stated that he had one water meter. Mr. Harris etated that if they in fact split it into three ownerships, they should have three different water meters. Mr. Boardm�n stated they would be looking at that or comparAble agreements for the use of the utility. Mr. fiarris stated the problem was that if soc�eone didn't p�y their bill� what would they do7 7Ls'n tt�e water off on the other twoT Mr. Nitscheke asked what they did in townhousesl Mr. Narris stated tluit townhouses were u sepArate deal because that was held in c�omon by the association. Mr. Boardm�n stated that in a towi�house� the lsnds were"held in common� but the utilities were separate for.each unit. PLATiNING COMMISSIQ: NiGG'PINC AT tiII� 1(i 1979 PACE 6 1 li Mr. Iiurris atated that then if they did divide it.into three parcelo they would have to have three tax etatementa. Mr. BonrBr.wn i�;reed and atated thcy would also luave to have prefer�b]y three water and eewer hook-ups. Eut it mqy noL work that way. They might heve to have some kind of agreement with even the potentiality of havin� a sewcr und water fund availAble for repairs and that type of thing in Which those people would hrsve to put money in eccrow. • . Mr. fiarris stated L-hat essentially then they were talking about getting to an associc�tion type_setup for sor�e of those things. If certain repairs were needed on the bullding� li3ce the xoof, '�ow would they i�andle ii: if all three parties didn't agree on the need for repairs? • P11r. IIoardmaxi stated we wouldn't handle that, it would be up to the people. . Mr. Harris stuted they were putting themselves into a very strange situation. Mr. Boardman stuted it was the sase situation in a townhouse where they had ei�ht units side by side. He didn�t understand Mr. Harris's point. Ms. Schnabel steted that she was not too hung up on that and that's a problem those people would have to worry about and hopefuily they wouid hire attorneyr, to handle that. N,r. Iiarris stated they would be creating the situation. He Frould be nere com- fortable with this proposal if they handled this particular piece of property just like they handled their other properties. Instead oP splitting it up into i:hree seporate lots, they chould have the people form an aesociation and the association would be responsible for the exterior of the property. Mr. IIoardman stated that what he was saying thexx �ras they should se11 the land only under the building simiTar to a townhouse. Mr. Harris stated that was correct and he would feel more comiortable. He stated they cou13 be putti:� themselves in a box �ri.th the 40 foot lot business by doing scnnething like this. Bec�zuse we would be creating small lots that are substandard lots. Mr. Oquist stated that theee units were joined together by co�on walls� they were not individual lots and individual buildings. It's like a zero lot line. Ms. Schnabel stated they could not know what would develop in the future ff they did develop this into three individual substandard lots. One point brought up was that if you had two ndjacent 40 foot lots and sameone came end he and the other owner wanted to teur down the dwellings on the adjacent ��0 foot lots and put two buildings to�ether with a zero lot line. One on one �+0 foot und one on the udjacent 40 foot� would 'we permit that. , ' Mr. Oquist eaked xhat was rrrong with that. • PLAPdNING COP.TIISSION I+Q�TTING APStIL 1H� lg(9 - rncE 7 lI Ate. Schnnbel stated there might be nothing �mong r�ith it� and it'a very similar 'Eo what� s hsppen9.n�; here. Mr. Iiarri� atated there was nothin�5 �+rong with i:h4t iY they allow conatruction on 40 foo� lots and it has been City policy to not do i�hat. ' tfir. Oquist stated i�hat i;hen the assiwiption Ms. Schnabel made was not va7.id. Ms. Schnabel stated i;here was another exemple that had been brought up. What if someone owned two structures on two separate lots and they decided that� since we were ellowing tri-plexes to be m.ade into to�.mhou�es� assumin� that's what we do� why.don't thcy build a buildir.� in the center nn3 attpch the two tnat are separated uow by the buildin�; in the center. And say tho�e are each on 40 i'oot lots which would maY.e an F30 foot �.idth. Alow tiiey would have a ner� structure that s�traddies the middle co then why not �o through and separate these �ind rasl:e three separate lots out of them. It becomes very complicated. As land bec�es more valuable� these are the opti.ons. Mr. Hazris stated he was not too concerned rabout whether .they allow this or not but �ore the way in which it is done. If we split this up into three separate sections� we would be dealin� with three different people as far as the exterior of the building. Nm. Oquist As}:ed. what they were doing with a double bungalow with two owners. Ms. �cku�abel stated that by definit3on they can't turn a double bungalo�r into a townhouse. Mr. Boardman stated they were getting requests to a21ow two ownars in a double bungalow and they should discuss that also. One of the problemU we have is our definitions. Mr. Oqui:st stated that one definition they have not talked about is tri-plexes or row hou�es. Mr. I3oarciman stated that the situation they had wns by definition of some of the current projects is tangible. It's a home that has more of an ownership than just under the buildin� itself. St has n land awnership that is bronner than just L'he building. A townhouse definition is the land under the building is the ownership and the rest of the property is comcion property. In a condominium� just the unit is owneci with co�on ownership in the facility. We hnve problems in here because our townhouse definition does not �ay that. It does not say ownership just under the building. Ns. Basrdmtan read the townl�ouse deYinition as follo�vs: "Structures housing tliree or more dwelling units� continous to each other, onl,y by the sharin� of one common Nall, such structures to be of tiie town or row house typs as contrusted to multiple dwellii� apartment structures. No sin�le structure shall contain in excese of ei�ht (8) dwelling units nnd each dwelling unit shall have separnte and individusl front and rear entrunces." . NIr. Harris stated they don't even allude to the amount of property. Me. Schnabel stated that it did addres� tnat loter on in the ca1e. PLANNIF�; COMMZ^SION MEETING, AYRTL � 1979 �- PAGE 8- � , Mr. I3oardmr�n read from the Specicl Requirementa in the code book us follcnrs: "Any and all conur,on open spacs shall be labeled as euch". Tt doeen�t eay that ar�y property under the building hac to be corumon or open space. He continued reading "and aa to its i.ntent or designed function and provisione for maintenance ownership, and preservation shall Ue rrsqde in accord�nce with the proviaiona of the "Ap�rtment Ownership Act" .., c�nd it chal2 include al]. proposed covenants� restrlctions and easements to run wi.th the land together with ur�y provisions for release f'rom same; provision3 Yor dedication of easement for public streets ... modified s3 deemed necess�ary by the City Council. .. the development in R-1 shall consist of owner occupied units ... and memberehip in the townhouse develop- rient sha21 be made e pcxrL of the agreement of the sale of the dwelling unit." Nowhere in the classification of townhouses do they talk about whether that owner- ship has to be just the o.mer�hip under the UuiZding and aqy and all oaanership of the out^,ide lands as u comn;on ownership. So based on our de2'inition of what a townhouse is this would al.so f'all under our definition of .a toknhouse. The only differcnce is that we�ve got i;l�e 3�000 square feet which is a requirement for.an R-3� they've got the front and rear entrances which is a requirement, but the only difierence is that it sAys that every townhouce plat has to l�ave five racres. That's wY{y they need a variance. Mr. Oquist asked if a townhouse required an association. Mr. Boardman stated it does not require that. If there is canmon ownership of Any of the utilities or property, then there hAS to be An association to govern those things as deened.necessary by the Cii;y Council. He stated i;hey could have a town- house development without co�on cwnership. That�s the way he reads it. Ms. Schnabel stated that under the P'inal Plan, a copy oY the bylaws of the proposed association of owners is required. Mr. Boardman stated he understoai that to mean only if there was an association. If there isn�t coramon ac�mersliip then they don't need an association. The way the present co3e for townhouses is layed out, ii; dcesn't say they have to have co�non owuer�hip of property. • , ' Ms. Schnabel stAted that we should put that in our new zoning co3e. Mr. Treuenfels stated that he understoo3 that some of the utilities in this case, especial]y the �.ater, was served through a co�on meter, so this would require an association and bylaws. Mr. Boardman stated that he was not sqying they would not need an agreement in this particular cose. They wou2d have to have agreements £or ucage of that water and o£ how they would pay for that wr�ter and the agreements would Yzive to be filed with the deed when a�ybody purct�ased into that property. All the code ceys is tl�at it must be submitted with the plan for review with the City Council and the Council can modify it if they cho�e. But it doesn't ssy they have to have common ownersl�ip oY land and it doesn't say that this is not a toz�'nhouse because it fits the town- house definition. It says a townhouse can be built in nn R-3 zone and the on]y requirement it doesn't meet is the 5 acre pArcel. � � PI,AIJNIl�G COI>9dI3SI0N 1>TPTP4�� APRIL 18 1979 - PAGE 9 1K Mr. Iiarrls stated thtit then they have to f5et back to son�e baeic philo:,ophy. Are we �oing to allow 1;his particular type of activity? And also �re we �oin� to allow the individtwl os�nership of n douUle? If we agree 1:o allaw it wii:h a tri- pler. 1,hen it tollows tYuit we should allow it erith a double bungalow. 2ds. Schnabel stated that this ia where we get- into the question of denaity. Frhat type of density do xe want on a multiple living building. , Mr. Harris stated there �auuld be no problem with 4 row house but if it's a multiple ctory lilce a duplex there cauld be o problem. N�r. Boardman stai:ed that in order to qualif� as a townhouse, there cannot be one unit on top of another. So in tY:at situation, we wotildn't be able to allou a split or we vrould have to split it ur,der a condominium tyPe situation, or a co- . operative type of �ituation� which is :�iaiilar to a condominium. The probler� is that the er.isti.np density is there aad do we allow that dencity to contir.ue2 We may have to allow that density to continue b�cause it'� er,icting. Whst kinds oY proble�s would we have i1' xe go to ownership on those density or if we don't �o to oFmership on the density? He doesn�t see any problems other than 'le�;al proble�:s and those legal problems are the problems o�' the people who buy into it. Mr. Oquist asked.if we as a City should be concerned about the welfare of owners. Mr. Hc;r.ris stated that as far as general health and safety goes, ye�. Mr. Oquisi� stated that he meant should the City be concerned if the owners cannot a�ree on rep�irs or liiuds of siding� etc.? Mr. Harris stated that in a k�ay ke should because right now we require a license for this particular unit and it's controlled by the maintenance ordinance. 47e are sup�osed to make incpections of the unit. So, becauce it's rental property� tuere are some basic things we can do to keep a hE�le on it._ If we go to this particular type of operation, we don't have that control. Mr. BoArdm�n state3 that are s.e saying then that we like rental prop°rty because of more control over rental property and therefore should we rent out all our sin�le family homes because the ordinance stei;es that in order to rent a single ftunily unit a license is neededY With the license we can control the upkeep of sin�le farai�Y units. Do we want that control? Mr. Aarris stated that his point was if they were sold as iudividusl uuits� then the City does noi� require a license. If there was an sa�aciAtion� he felt the properi;y stoal a better chance of staying in goal condii;ion than if it was just three eenurate parcels. He trould ieel better aboui� au association as far as tha groundt+ l�eld in couunon. Mr. IIoeiYlman statad that he felt there should be some common agreement between the property owner� for malntenAnce of the structure, etc. if there was common owner- ship of the property. However, the wtxy it's platted there would be no common owner- ship. Mr. Oquist etated there wae common ownership because there rras a common c+all between the unita. PLANNIfdr, CON�hiIS3I0iQ NGLTItaC� APRIL 1E3, 1979 PAGE 7A '1 L Mr. Boardmrin atated tlwt thex•e were no common wnlls, there were double wallc whic:i� is a requirement of Lrnmhoueea. It ic alco a requirement of owner occupied unit�. He explained that there were two serie� of studs with a common space between those studa. The reason for ttwt ie legal. If one owner causea damage to A o�all, it, is his responsibility to repair that damage. `!'he Building C ale requixes two separai�e stud wr�lls between two owner occupicd units. Mr. Oqui�t stated that was �a contradiction because i:here wac another place in here th[st required they share a cocmnon wall. IL- wns in the tocmhouse definition. There- Yore we do not have iownhouses in Pridley because they do not share a comnon wall. Mr. Boardman stated that rental units cuch aa apartments do not require double walls, pwner occupied units do require douUle tralls. Mr. Oqui.st.asked if in this case there were double wAlls. Mr. Boardman stated that was correct. Mr. Setu�abel stated that iP Mr. Nitscheke didn�t live there� then he wouldn't of had to put up double walls. This points up discrepancies in the zonin� o:dinance that we ahould review. She asked.what kind of walls s double bungalo�a would hAVe. tQr. Iic�rris statEd double bungalows were rental units� therefore they did not require double walls. Mr..Haxris atated that we cann't go throu�h and plat this bec�use it doesn°�L ial2 vrithin t:�e �uidelines of our platting ordinance for mi.nimum 1ot cize. Mr. Boardn�n stated that the on�y thing it says is that a i�ownhouce must havt 3�000 cquare Peet. Mr. Harris stated that no matter what they ca11 them, they are malting three separate parcels out of a piece of ground whether it's R-1, R_2 or R-3 that's a0 feet wide and lA0 feet deep. Essentially they are cutting 80 feet into three pieces. Mr. Boardman asked if that wasn�t what they do in a to•anhouse plan. hir. Harris stated those were coamion grounds. Whst we're doing is plattin� sub- standard lots. If something happevs to the structure, we are left r�itl� a parcel of ground zoned R-3 with less than 30 foot lots. Ms. Schnabel stated that the Planning Comwission had already approved the preliainary plat on this. Mr. Harris stated i;hey may have made a mistake. I£ they go ahead and do this tbey Would be jeopardizing the �+0 foot lot deal. PLANIJ.T.NC COhiMT.SSIOtJ Me;�TIt1r, p*�liIL 1f3� 1979 - PAGE 11 �Mr..Boardman stated they r�ould hnve ta decide on ho*a to handle the issue. 1� Mr. Harrie stqted that if they do it according to the townhouse ordinAnce� and they qre callin� this a tpwnhouse� they could sray that oll tl�ey were bt�ying is the lqnd under the townhouse and thc rest of the lund would be held in common. Mr. Board:nan stated that was not e requirement of townhouses. Mr. Ilarria ctated they could make it a stipulation. Mr. Boardman stated that our definition �taies strictly what a townhouse buildin� 1s and in the townHouse area of the Building Code there is no requirenent for owr.erskiip of the land just under the building. Ms. Schnabel stated that maybe it was something we could maY.e as a stipulation in approval of the plat no matter what plat it is. Mr. Narris stated he felt very uncomfortable that they did it this way. If some- thing happened to it and i.t was totally or over 50H dest.royed what they have created is three R-3 lots of r�bout 26 x 135 feet. Mr. Boardman stated that the mAi.n thing they should do is change the definitions. The Corr�issioners concurred. i�'• Boardman asked what they were going to do wi-th condominiwns? What.is our direction goir� to be for the of�ership for the precious densities which are rental? Mr. Harris stated they were not changing the density. They woul.d not be doing ar�y- thing different fron what they were doina now. Nm. Boardmsn $sked if they uould have a problein with people coming in and ask ta do this. All they want to do is change the o*.anershipJ not the density. Mx'. Harrie stuted that was the key point. He wanted to make sure that people �rho bt�y into this are protected. Also, he wanted to make suxe that �ihe City and the surrounding residences are protected from the standpoint that the property �.*i11 be maintained. His third conccrn �;AS with public services. That the City doesn°t have u problem when they are sold. Mr. Boardmen stated that then our primary direction would be similar to some of the other coffinunities. They don't have aqy problem ac lor� as the density doesn't change and that there are association bylaws that are drawn up and attached to the deed. Mr. FIarris stated he would have no problem with that. Mr. IIoardman stated that the main point would be to get definitions of condominiums� townhouses and patio homea. The Comrnissioners sgreed. PLANNItdG COMMT^aSI01J MfiFTING� APRIL 1tfZ lg(g PACE 1� FIr. I3oardman ohowed the Co�r�issioners a deaign of a pAtio home. �' r, Ma. SchnnUel stated che wtas not cure ahe liked the concept of a pntio home in terms of density. Mr. Boardmrzn stated tl�ey m�y have to look nt thqt type o£ units based on the chcjnging pr�tterna of home ownership. Ms. Schnabel stated that in the new proposed co3e she didn'ir see where they had spelled out R-2 or R-3 for condominiuz�s. Mr• Boardnan stated they didn't und tlw t was something they would have to get into. Ms. Schnsbel stated they shoul.d discuss the 5 acre minimum for townhouses. That is the question before Appeals in the vnriance request. Mr. Oquist asked why we had u restriction oP 5 acres, Ms. Schnabel stated it probaUly came about when land was cheaper and �ore available. Mr. Boardman stated that they were looking at developmettts lilce the Darrell FArr Ueve].opnient where ihey have co�rmon recreation area�' etc., and in order to provide ell the r�menities th�t go along with townhouse living, they felt that 5 acres was necessary. 3Ie questions tne need for that ai� this point in tine. Mr. Harris asked to see a copy of the plat the Planning Commission had approved. Mr. Boardm�n showed the Commissioners a copy of it. He stated tbat if they eranted to do it like a tocrr?house, tl:ey would hsve to �etur317y plot out 6 parceZc and the resi with cor�mon ownership. Mr. Harris stated he felt very uncomfoxtable with the way that plat was. Mr. Boardman stated that it boiled down to a policy decision. Mr. Hsrris stated 'ne felt they should plot it into 6 parcels with common ownership for the rest of it. Mr. Boardman asked Mr. Nitscheke if he hsd a proLlem with that. Mr. Nitscheke stated he would not. Mr, iTarris asked if the attorney had seen this. N,r. Boardman stated that he had looked at it and ctated he didn�t have any problems with it as long as it met the requirementa of a townhouse and as long as they got a variance. Mr. Oquist stated that the attorney also wanted to review the association by laws. Mr. Harris stated he would feel much better with it this wqy. . PLANNI1dG CObN7T.SS7Ot7 I�II'1's7'TIIG API2IL 1fS� 1979 — PAGE 13 io Ma. Schnabel anked if the Corrr.niaaioners then felt that the 5 acre requirement is still valid. Mr. Iiarris statcd that on al]. new construction, yes. kQr. Oquist si;ated he wasn*t cure he would go alons with that. Mr. Boardman stnted there were ways to �et around that. N,r. Harris ctated that they should maybe set up the townhouse ordinance a little bit difSerent. Mr. Oquist stated he would liice to eliminate the term 5 ucres and set a certain percenta�e Por green area. N,r. Boardm�n stated t�t was alrendy s�id. In an R-1 they are allowed 1 unit for every 9i000 square feetj in �n R-2 they are allowed 3 unit for every 5�000 square feet and in an R-3 they Are Allo��ed 1 unit £or every 3,000 square i'eet. Mr. Qauist stated they could then eliminate the 5 acres, but in an R-1 area ior single family they have a 25;�„ 1ot.coverage for green axea. Maybe� they should do somei;hin� like that for townhouses. Ms. Schnabel aslced �,�hy they said so nany square feet in R-1� so mar� in R2, snd so many in R-37 Mr. Boardv,an stated that tiie philosophy was tI�at they want to maintain a certain density.in each zone. Mr. Leek stated that the philosophy derives basiCalZy £rom the valuec of the cou�unity. t�'s. Harris stated that he would Iike them to retain the 5 acres for a townhouse 8evelopment because it has worked fairly well up to no��r. Ae asked Ms. Schnabel if she needed an cnswer ivaned�ately. He feli: this should be talked about. tds. Schnabel �tated that if what they have discussed is the direcl:ion they want to take and if they �;snt to make a pro�osal and vote ori it, she would then take that bacY, to the Board of App�als and they would act on the request. 7'ney had tsbled the reguest. If the Plannia� Co�ission felt it needed more discucsion, m�,ybe they shoul3 table the discu�s?on. She also asked if the Co�unity Development Commis�ion would be interested in looking at i�t. Mr. Oquist stated that he felt they would. He felt i;he fir�t eleven questions were things they should talk about when they discuss the ordinance. bfs. Schnabel stated that her imprecsion from this discussion was that provided the pTOposal for replattin� would Ue chai�ged,at the Council level� then philosophically� the Plannin� Comnission would have no problem with,any tri-plex being converted into e townhouse clacaification if it frtllc into the townhouse guidelines discussed here. In other words ca-�won property and individual property owpersliip. PLANNING CON�h1ISSI0N MEF.TSNG� APRIi, lff, 1979 _ _ PACE 14 1P M'r. pquiat ststed he would like to clarify one point. When we talk about coimnon property� it is the land left over. The aasociution would be resnoneible for ' mr�intenance of the common property ¢nd the buildins maintenr.nce.. `i'ha1: would be paxt of the by laws. Ms. Schnabel stnl;ed ttu�t then shc� understoal i;ha'� they hnd no problem with converting tri-plexes such as this to townhouses provided i;he Iot si.ze reroains Qenerally coimnon property with the land under the build3na havin6 individual ownership ctnd as long as the density doern't change. She could take this Uack to the Appeals Co�ission and felt tlw t the rest of theee questiong should be di�eussed along with duplexes And double Uungalows. They had also touched on Lhe parY. and open space situation. If the density isn't �roing to change, i:hat would not make or�y di£ference. She said they had also discusced takin�� tor exarr�le� the strip of land across the street from Mr. Nitscheke's property, which is currently zoned industrial.� and re- zoning it R-3 and a series of townhouses were put on the property. It would be less than a 5 acre site, but would be compatible with the neighborhood. Would they like to see soraething like that done? tdr. Harris stated he would like to think about that. Ms. Schnabel stated that another thin� they had discu�sed was the number of �arages. She understood that there was no requirement for number of garages in a townhouse . developrent, but there is a garage requirement for duplexes� double bungalows� apartments and si�gl.e family. N�r. Boardman sttzted i;here �aere no requirements for apartnents. Thet �ras parlcixig spaces. - Mr. Y.Farris stated they shoul.d add:ess that in the townhouse ordinance. Ms. Schnabel stated that there should be something in the minutes to indicate iY they have had a chan�e of mind on the re-plat. Mr. Boardnan stated thr�t cince Planning had already responded to the initial plat, they could say it's an indication of the Planning Coimnission that the policy for convertin� this type of unit must be similar to a townhouse area 4�hich would require co�mnon open space pinns and that they reconneend.that these type of situstions be considered in the re_rrriting of the ordinance for policy direction and in the mean time the Appesls Cormnission could_act on the varisnce with those conditions. Ms. Schnabel stated that Appeals had no power over the r.e-plat. Mr. Boardman agreed and stated that should be included with the platting. He felt there shouj.d be an indication to the City Council that this should be looked at by separate ownership under the units with common ownership of property and they should mAke a recommendation to Council that the plat should be maiified to reYlect that. Ms. Schnabel suggested that the Appeals approve the variance with the stipulation that Plunning reconsider the replat. PLAt71JIPiC COA49IiuI0N T•fftiTING� APRIL 1t5� 1979 PAGP 15 1 Q MdPION by Mr.�Oquist� seconded by Ms. Schnabel� that in li�ht of receni; discussion and t� review oY the proposal� the Plannin� Coromi;sion wishes to chAnge it�s reconunendation cottcernir.� P.3.79-01 ae folla�rs: `i'hat the property under the existing dwellings Uecome private o-�rnership and the rest oY the land beco�e �rouud held in common r�hich crould be consistent wi.th existinG townhouse developrcents as curr.ently kncnm in Pridley And the Pls�nning Commission further recouunends there be ascoclAtion by ls�ws to control the operation of thove coaunon propertie�. UP02V A VOICE VOTE� ALL VOTING FlYE� C)iAITtNiAN IIALtRIS ➢EC]�AI2ED THE 1;OTSON CARRIID UNANIIdOUSLY. f1s. Sctmabel stated that sl�e would take that back to Appeals and they woutd act in light of this discussion. Mr. Harris asked for more discus�ion on the Appeals minutes. J�Is. Schnabel s�cated that the xest of the items could be discussed when they revie�a the zonin� code.• Mr. Harris stated they cou7_d then vote.on reeeivin� the Appeals minutes. UPON A VOICE VOTE� ALL �OTIPG AYE, CHAIRP3�N H/iR12IS DECLAR�D THE N,OTSOT7 CARRIED UNPS1IiSOTISLY. 1F. RL'CEIVE HtA',laN R�SOU7iCE5 COi+�,ffSSION htIIdLT1'F;S: APRIL j� 1�79: D10TION by bk. Oquist, seconded by A4s. 8chnaUel, to receive the Apri1 5, �979, minutes of the Ht;man Resources Conmiscion. Mr. Harris stated thut the discussion with hir. Sauxider'� at the lsst Planning Coamission meetin�r indicated that the Human Resources Com,mnission would like ihe �haire�an of the Planuin� Cor.miission to present the proclamation for the Year of the Cl�ild to the City Council. Is thAt what Lhe Hwuan Resources Cor,mission decided? Mr. Treuenfels stated that they had decided to put it before the Planning Co�ission and see what the Planning Commission wanted to do. Mr. Harris asked when they wanted this to corie before the Planning Ca-�ission7 Mr. Treuenfels stated he would like it i�o be discussed tonight. He pointed out that a copy of the proclamntion �aas on page 1 of the minutes. Mr. Nerris stated tt�at after they receive the minutes� they could make a wotion regrzrding this. bir..Lsngenfcld esked if they had selected e person for the Handicepped Awareness Week? Mr. Treuenfels stAted tluit he had contacted hia friencl and hie friend wcte interected and would epec�k on �:l�nt life wc�� like ior a handicapped person and nlco tlie legal aspcc�Ls of' Lcing handicnpped. • i. f ��.�...�(✓��' . 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J�� p�� a 0lTIOf� Ci1� o�' Fridle� � l�nol�a �ounE� /4ll.L ,`�KCC/� f'�L/9�i� �St,��i�! %7�/7��i�% %li V Nor�h lne p� �u��ol 1� r�iCe CPF¢� plqqQ �'oufti �c�c�ifion. � --_ 11G �o � . ..wi�r u�ie l/! �0( JC� 15/OC%s'!{� .�OW['�/ �Q��/lo�IoFrrc�/��Pa��<. No�fh l�e o�'ffie 5'�,,fh 2.7�� t/';�of32,6/ne, �, L:�yel/Aa'dfior, •L.(JYVe�LL tiLi� j �� jy/ li /�Fs�%vL�� /�/y�%5 1 � �` �wNER . o A�UI�I NIT�C�I�� , —` � � �\ � Cr : �� C �J ` C� � �� C L G C� `J C� � I l''rio�lQy�rr', �5 C7:i"t' Or Flt'J.'DLL`y �,� PT.ANN7NG COMMI6S:i014 l�;i!`TPlG - MAy ?3, 1979 I - �., car.r, �z�o or��,. Chairman Iiarria called the 1�'ay 23� 1979, meetisu{ of,the Planni.x� Commissioii to order at 'j:40 P.M, - ROLL CFlLL: tdambera ?4�esent: Me�ab�rs Absent: Others Present: Mr. Oquist� Mr. Harris� !�`s, Treuenfels� Ms. Schnabel� Ydr. Aora (,£or. Mr.. Langenfeld), Ms. Hughes (arrtved at 7:45} NOi�L 2 Darrell C1arY., Corrmunity Deve].opment Administrator (le£t at B;3p p,p.�,j Jerry Boardman� Ci�y Plannar {arrived at 8;30 P.M.� 1. A]?FROVS' pLr,PIIvI1Iu COPB�iISSION i4II,U1?�S: MAY 9� 1�79: Y`�JTIOPI by i.;r. Uquisi;, r,econded by N,r. Treuexi#'els� to approve the May 9� z979, �rainucer o:' i,he Ylanning CoramJ.csion. t9s. ^^lmabel state3 that on pa�e 3, �3, the irord "LIF�" should �e "I,IP`.['" aucl also �� 1��e7.� 9� it�'� the o�ord '�LIF�" should be "LL�"1"' , A+r. Cqti3.st stated that pa�e 35, �9 states that he was absent from th� „pril 24, 1979 m�etin�, of the Com�nuni_cf Develop�er_t Co.:vniseion. He had stated he was late� not abr;�nt. . UF'{tPI p VQ:iGli VO`l'E� AI,y VQTING A.YE� CFiAIP,AialQ FLAT'u'iIS DECLARED TI� I+�ZNIP'�a^ !lPPfiOVL�D AS C0�2?i�' ,("'y"i:D. 2. ' M�TI�'-� bY r+�. Schnabel, seconded. by 1•,r, Treuenfels� to oper, the public beari.ng. UPOid A VOICE V6'.PE� AI,I, VOTING AYE� CHAIR2•fAN IIARRIS DECLARED qY� PUBLIC HEkItIP1G OPEN AT 7:45 P.M. . Mr. Clarlc stated thst the petitioner had asked for CR-2 and should be uware that CR-2 incluczed son:e limiied �enerel business c�nd manufacturing, It would fit the petitioner'� wishes better i.f it were CR-1 which is strict]y office complex And t�ould be limite3 to dentists, rea?_ esl;ate offices and thiug� of tl�qt riAtUT'e. Also� there are diiferent setback requiresents for CR-1 and CR-2 and the petitioner's p1An doca not meet the CR-2 requirer.wnts. I'or example� tt�e fron�t yard is 35 feet in CR-1 and F�0 feet in CR-<^ aiid tl�e rear yard requirements ir.crease from 25 £eet to 40 feet. If they c��reed to A CR-l� they �roul.d have. to increase the setbrxck of the parkivg lot to the seivice road from � feet to 2$ feet. RegArdin¢ the pc�rking PI.ANP7ING C0�`RdISSION MC7'sTITIG� iMY 23L.1�7� - PAGE 2 _ za a CR-1 requires l22 etalls for this cqvnre fo�tr�ge office building. Some con�idexai:ion ehould be �{iven to reducin�5 the nuwUer of p�rking stAlls paved 'to tien or even 20 per cent over so there woiil.d be more �reen areA between tho office structure and tkie R-1 aurroundinU it. To the south of i;his aret� is property zoned R-2 and ic presently bein� used as R-3• The reason for that is the zonin6 changes made betwecn the time the buildings were built as apArtment hpuses and rrhereby we couldn't build apari;rnents in R-2 after a certain date. So the area to the south is R-2 bein� used As R-3 and to the north is R-1 and to the eact alon� Delwoal i� R-1. Tbis particular property rras originally zoned R-1 and aUout 10 years a�o was r.ezoned to R-3• `T'ne Commi��ioners should'be aware tku�t this �+oul.d be spot zoning and wouJ.d not increase the size of an adjacent zone. It Frould_be nn office structure in the middle o? residential� R-3 to the couth and R-1 to the north. pQr. Harris noted that 1:here was a Petiti.on in the a�enda on page 1+l+ signed by 12 people steting they had no objection to this construc�tion. hi0TI0N l�y A1r. O�uist� secor.ded by h1r. Treuenfels� to receive the �etition which reads as iollcr,rs: "Yte� the undersigned� have no objectiou to the constructioa of a 2�500 square foot� one story, office buildin� on the pxoperty accordin� to.'the le�al descripti.on attached". �ir. I3arris read the pel;ition to the audience. He stated that he had also received a letter frora P�'. nnd b1r.s. Ray and Gladys l;nderson and also i'rom Nr. and D7rs. Zu3wig and i��yrtle Ask statdng they had no objections to the construction. Ms, Schnahel noted tliey had sigiied the petition also. UPOIV A VOICE VOTE� ALL VOTIP:G Al'L� C.iAIc'tbSPJ': HAR.TtIS D�CT�/if2ED TIi� PETITIQN I�CEIV�D. I�ir. Harris stated there iras no petition in opposition in the records. Ms. Schnabel asked Nm. Clark if the Staff's feeling was that the request for rezonin� was in the wrong classificationY • Mr. Clark stated that Staff felt it would better fit the CR-1 classification. If it is going to be rezoned CR-1 �rould be more appropriate tl�an CR-2. Ae noted that the Commissioners could xecornmend a lesser zoning that is more restrictive. Ms. Schnabel asked wlv�t the purpose of the park fee noted on page 39 of the agenda? Mr. Clark stated this probably didn't app7y to this petition nnd was the second pa�e of a petition for a lot of different thin�s, one of which is platting. Mr. William Hart� 6141 Rainbow Drive, stated that he would be agreeable to a CR-1 zone and apparently �aisunderstoal when he requested the CR-2. He felt that the office building would Ulend in with the residential and he would be willing to put in a fence if they want. Wlzen he talked to the people around there, he felt they would lilce an office building rather tl�an an apartment Uuilding there. Dir. Nozv�an Shuldliuis came Porti.ard and stated he owned the apartment building on the next corner. He was concerued about the traific on the service road with an office building there. PI�ANNING CONA1i.;SIOfi t�:IsTINC, hIAY 23� 1979 PAG�� Mr. Clark stated ths�t the service drive wou].d serve thio building. The difference in the amount of trAfi'1c �aould depend on the kinds o£ of£ices. 'Phere could Ue an increaoe in traffic from r� coma;ercial office building over an apartment houee� however, an apartment houce eould have two car �rnrages and probab]y two to four trips a day Por those also. IIe stated that a professioru�l type office building should not be a big trsftie generator. Mr. Harris stated the buildin� would be 2500 square feet and asked how ma�y offices they were talkin� about7 23 Mr. Hart stated there wou.ld be one office for them of 1000 square feet and 1500 square feet for the other office. They did not have a tenant as yet. He stated that his busines, would generate very little trafPic. They have four a�ents and one girl and usually they are not all in at the same tine. In the insurance business they do not have a lot of people comin� to the office. Most of the business is over the phone. Mr. Clark stated that the occupant load for that structure aceording io i;he buildin{, code is 25 people, includ9.ng office staff and visitors. Mr. Ru�sell Burris� 1150 T�iississippi Street IQ.E.� came forward and stated that he had a petition in opposition which st�ted that spot zonir�; of this type is undesirable because it would Ue placing a commercial property adjacent to a residential property. The second point Fras t2�at ideal zoning should provide e proper bufSer between residential and co�r,ercial and the location i� not condusive to such a plan. Access 'L'o tk�e property is not suitable due to i�proper road faczli$ies� heavy trai'iic and the tact that traffic woutd have to go past apartment buil.dings with parked car:, and people coming in and out of their apaxtments and creating potential hazards as well as con�estion. Commercial traffic through the area would fvrther con�pouud the serious problem of fatal accidents already occuring too frequent]y in this area particularJ,y at the intersections of Highway ;�{55 and 64th Avenue and Hi�hway �65 and A:ississippi Street. The foarth point was that there was already an abundance of eom�nercial property undeveloped in the City oP Fridley while the propertg� for residential use has been almost all developed. This would not ease the housin� shortage. hir, Burris �ave the petition to the Commissionars. MOTION by Ms. Schnabel, seconded by Tir. Treuenfels� to receive the petition in opposition. Ms, Hughes noted there were about �tfl signatures on the petition. UPON A VOICE VOTE� ALI, VOTING AYE, CHAIRAfAN FiARRIS DECLN2ED THE PETITION It�CEIVED. Mr. Clarence A. Timo� 6517 Lucia Lane NE� came forward and stated he was concerned about these requests for rezoning because it wac destroying the neighborhood concept. There is not enough reaident3al property left to develop. Eie understood that about 100� of the re�idential property was developed but about 2�3rds of i:he commercial property is undeveloped. He was concerned about if the business failed and the property was unused it iaould become an eyesore. ile would like them to stay with the planning i;hnt was set up years a�o. If they allow it here, they Nould be setting A precedeut for other �reas of the City. Iie stated that he had helped get Lhe signatures on the petition And when he ta]lced to'people he found that some oF them tl�ought that the area was nlready corw:ercial and Lhere was nothin�r they Could do ar�yway. Fie ini'ormed tticui it wus uot zoned commercial. plso� once they let this in� there would be no w�y of coni�rolling 'what type of bu:,iness could be in tl�at Uuildii� in �Ll�e future. There could Ue s drive-in� a bar� a restr�urant� etc. PI,ANT�ING CUMI4ISSIOtI MLLTIidC� TMY 23� 1979 - PflGE 5 2v Mr. Timo stated that there were small children in the apartmeni: there and he felt it �+ould be safer for those children 1P people who lived in 1;he nrea were drivin� threugh. They would Ue more aware of the children than people �oing to an office. NATTON by tda. Hughes� �econded by Mr. Treuenfels� to close the puUlic hearing. UI'OSi A VOICE VOTL� ALL VOTING AYE� CfiAIRP4AN HARI2IS DECLARED TI�' PUBlIC I�ATiING CLOSED flT f3:20 P,M. Ms. Hu�;hes agreed there was no real choice between tlxese two usec whether it wac CR-2 or CR-1 or R-3 in terms of traffic. She was opposed to Lhe kind of spot zonin� that this represents� particularly in this area which has manaaed to �tay residenCial under some he�ivy threats Uecause they are so close to Ai.Qhv�ay �/65 and Mississippi. Because of the historic na'�ure of the rezon:ing reque�ts on the north eas'E corner of Si�rhway J%f5 and Mississippi and �rhat has happened to them� she Selt they would be very rerni.cs i.n Frnntirag this kind of zoning, Unless the discussion tiu ns up so�nethin� new� she would be in favor of deniaL A1r. Treuenfels stated he had received m�terial irom ti�e City Attorney which stated that in order to resone� it should exercise masonable furtherance of the public health� saf'ety and welfare and also the Conprehensive Developnent Plan states on pa�e 2 that there is a need for 2300 new houses and not enough residential. land exists to accomodate that. On this basis� he would not be in favor of rezoning re�idential land to comiaercial. Mr. Harris noted thai� the Comprehensive Plan had not yet been adopted by �che City. M�ION by Ms, Hu;hes, seconded by l4r. Hora, to recommend to Council deriial of the request� ZOA ��79-02 by 4Jilliam J. Iiart; to rezone the South 150.0 Peet, front and ret�r of Lot 9� Auditor's SuUdivisicn Pio. 83 (except •the ly�est 30 feet) und the 5outh 120 i'eet oP the ldest �F7 feet of Lot 10� Auditor!s Subdivision 110. 88, from R-3 (mttltiple dwellin� units) to CR-2 (office� service and limited business� to allow the construction of a 1-story insurance office at�6431 iiighway �/fi5 NE. Mr. fiArris informed the petitioner that the motion was to reconunend @enial and tbat Counci.l would h°ar this and set public heariiigs. He also informed the petitioner that if Council denied his request� he could rot re-spp]y for further action on this property for 6 months. He had the option to withdraw his request. Ms. Schnabel asked if he could �rithdraw it before it goes to Council so he �,ould noi; have to make a decision right now. Mr. Clark felt he could do that. Nm. Oquist asked what would happen if zae vote to deny it and he withdraws the request before it goes to Council. What process �*ould he'have to followi? Mr. Harris stated he would have to reapp�y if he decided to do something else. If he doesn't withdraw his request and it is denied by Council� lie could not take any action for 6 month�. P%.nNNTNG COh1MLS5I0Td t�.�TT.PdC, MAY 23�Z��,.,, _ � PAGF: 6 2E The petitioner ctated that he underctoal. UPON A VOIC� VOT�� AT,L VO'PII'7G Al'�� CI�/tIF2MA11 tIARRIS DECLAIt�D TII� MOTIOI� CARRTED UNASd�dOUSLY. Mr. Iiarris info.rmed the petiti.oner thui; tUis would go to Council on June �F and the recommendntion Na3 to deny. 3. PUBLIC I�'ARING: FtEQiJ�ST I�'OR A SPrGIAL USE T'�RMI�r, sn �f79-o�+, BY JOSEPfI construction of' a neor d��e].linu on same MOTION by D4s. Schnabel, secondzd by I9r. Oquist� to open the public hearing. UPON A VOIC� VCIi'�� FlLL VOTIMG AY�� CHltIR;✓;API I1l�RRIS DECLAftED TfI� PUBLIC HEARING OI'�N AT 8:30 P.2d. Mr. Boardman stated •tha{; this property was located in the floal plain and that wns the reason for the S�ecial Use Permit. It is on a 50 foot 1ot orith a house to the north an3 a house to the south. They put together a drainage plan which is shown on r�age 50 of the agenda. It is a little Uit dif£erent from other homes in that area primarily because the house would be built on stilts. It woitld be built so that the first Tevel o£ the hcuse would be above the i'loal plain. The draina�e plan they have developed catch°s the water from the north, drains it bacic around the gar�ge area z.nd. d.rains it out to�.ard, the s-treet� on the south side of t2�e lot. Prom 1ook9n� a't t�h° p7.ans ar.d the drai.nage plan it appears that it matches �aell with tiie adjacent prope.rty anct 'c?�° pilin�s would minimi.ze tlie effect oi flooding on the floors and that tyFs of thing. They elininated a lot of tlze probleies they �aould normal],y have if the built a normal type of structuxe. ... a• _ . , f _ _ _..,..>- :i .. . The drainage would he handled within the lot i�tself. Because•the _�-oi�er level would be raised above the flood plain and because oi the situation of tk:e floor and the adverse effect a flood would have for expansion, they could eliminate the 15 foot o£ level fill on the sides. Therefore they wouldn't have to worry about the overPlow'onto the neighbor's proparty Ms: Hughes stated she didn't understand the 15 foot of le��el fill. Nfr. $oardman stated that in a flood plain they have to have the fill at 2 feet above the floai leeel and that fill has to be at a 15 ioo,; distance £rom all sides of the house. -The reason for ihat is tl�e more land there i;he less water pressure on the floor. So this would be a different way of looki.ng at it. He noted that the Planning Cocnnission had requested a moratorium on building in the floal plain area� but the Counci7. has not yet declnred tt moratorium. They had asked that the Planning Corrm�ission study it further. He also noted that sexer and water would be Av�ilable. PT.ANIJIP7G COhII�f.[SSIOPI NFi.'L`J'II]G�1MY 23� i979 rnar: 7 Mr. Scarric atAted that he was not sure ebout the drnina({e. Mr. Borardman stated that DicY. Sobiecl� had revier�ed it. Mr. Fiarris stnted that the utatement was made tha1; the drAina¢e would be handled within the confines of i;he lot. Iie questioned what would happen to it from there? Mr. floardrr�n stated thnt it would go into i:he street. The arrows on the p1An indicated the water flows. - Ms. uchnabel stated that the e]_evations circled are the proposed elevationc And the ones not circled are the existing elevations. N1r. Boardman stated that when he looked at it he had some problems also. Mr. FIarris stated that the drop r�as so gradual that he questioned it. He asked if Mr, Sobiech was convinced this would handle the draina�e. 2F Mr. Boardman s'tated that he r.eviewed the drainage plan and if that plan was completed as designed, Che drainage should work. Mr. Oquist stated that it r�as interestin� that the existin� elevation was 8?_3.7 and the proposed elevation was 523.6. That's about a tenth oS a f'oot� or a little over an i.nch. D4s. Sclinabel stated that the statement was made at the Appeals Cormnission that the Staff Report for the Special Use Permit ��ou1d stata that the �round under the house should be at 823. She didu't find that in the Special Use application. Mr. Boardman stated that the first floor of the house has to be raised to 826.i. That is the firct floor elevation of the l�ouse. Ms. Schnabel stated they �vould have about 12 foot between the ground level and ' the bottom of the hots e. The ground level would�be about 823. She al�o stated that the question h�d come up at the Appeals Commission regarding �,�hether or not the sewer was adequate. Tt was their underst::,nding tl�at it was a 10 inch pipe south of Hugo and f3 inch north of Hugo. There wAS a question because some of the people in the neighUorhood were experiencing a back-up problem. They felt that the Engineering Departmeni; should look and see if there were adequrzte lines to l�andle additional houses in the area. Mr. Boardman stated that was an Lngineering Department problem and also stated that it was probab�y desi��ed to handle full development of the area. _ , , . • - • _ .. � . .,�.•. '. _. ' .; .. . Mr. Perrozzi s�ated thAt at the Appeals Cou�ission there was'concern about the pile dr3ving. Since then he found that would not be necessary and could be hand dug with a cement collar underneath so this would Alleviate that problem. Also� there was a question about the setbacks on the side yard. He stated he would be willing to cut down a couple feet on the house if that would help. rr.r+tarar.n!; cornM.r,>c;r.ora t�c2•i'TJlG� ianY 23, �-979 rnrr n Ms. Schriur�e]. ctuted thut l�r. 1(li.nUUeil liad c�uer,tioned the pile drivin� and nol:ed thrzt 1�� wao here. • Mr. K].in�Uell etu{;ed that he had heard the ctal;ement by Mr. Perrozzi. Mr'. fimrris asY.ed what happens.t'o tlie water presently'on the lot? Mr. l3oardmon stai:ed that it looiced like the lot wac 1ow. Ayc. Og,uisi stnted that �rhen he looked at it it looked like it �just s-Lnyed'there. hir. Duardman cl:ated i;hat i:he watex seems to cbllect thexe. 2G Mrs. Doris Schneppxaueller� 8151 Riverview Terrace, stated she lived next door to the south. She stated th�t the survey was done in •the sainter and she felt they , misjudged by a couple of Seet. The watex from her .lot runs onto that lot. Lm. 13oaxdman stated that he lk-�c1 to assume thaL' the survey is righi:. Ii; looics like � i;he house is 5 fooi: oSf the prop°:ty line and that 'the Uaza�e is �+ foot fro;n the property line. 15 i'oot is required a�id that was why they ueeded a varia?zce. He ' stated thc�t all �hey could do saas �ssume the survey was correct. 2✓�r. Chester Schack� 685 Glencrn Street ATE� stated that he was concernad about settin� a precedeni:, Tnere were two lots behind him to the riorth. He felt the house plar. was arr},�aard for that area anu �ras concerned about th� skirting around the house. He stated tha�L- there would Ue a problem with ralents. Mr. R. H. Klin6beiJ., f3199 rtiverview Terrace I�y stated that he lives ori the north side of the lot in question, fie stated that in 1965 during the flood� water came into the low spot on t?ie fi•o?at of i;he lot. He agreed with Mr. Schack about the rodents.and aiter tl�e flood there was a problem wi.th rats on thai lot because oT the debris left bel�ind. Fie noted tliat in Wiscon�in on lake ho�es they require a poured foundation because of raientc. • Mr. Johu Rice� 696 Hugo St. N.E., stated that iY they �rant the variances for this.lot it would set A precedent in the area and the homes would be too close. Mr.. Perrozzi stated that the gradin,� kould not be brou�t up to the top oY the first floor. It would be pretty much as ic. As far as rodents gettin� into the house� a wire mesh or lettice work will �o around i;he house to prevent rodents ' from gettin6 in. He ndded that the foundation would probabiy be stronger than ar�v house in the nrea because of {.he poles and eye beam�construction. The City of Minueapolis has approved this type oY construction. He also felt it was a , buildable lot and felt he had met the requirements o£ the flood plain. Mr. Harris asked Ns. Perrozzi if he owned the property now? Mr. Perrozzi stated thnt he was in the process ot' buyin� the property contingent upon the outcome of his req,uest for variances and Specinl U�e Pexmit. m m PLANNINC COMMISSION i•ff'liTIP1G, 1hAY 23� 1979 ' � YAGF. 9 - - 2 �� Mr. Oquist asked Ntr. Perrozzi. if he intended to live in the houoe? Mr. Perrozzi stated he did. Mrs. Echneppmueller stated that this would be the first hou�e built on a small lot on Rivexview facinb the river. Mr. ilarris asked orhen this vas platted7 , Mr. Boardman stated it was a very old plat. :..�.a:a,:«�-�ai., � Mr: K1.in�beil stated that he thought it was platted in 1926. (Platted 8/1922) Ms. Hubhes asked if the Staff was well satisPied with tnis type of construction? Mr. Boardman stated they w�ere satis£ied with tbe construction. The on�y probZem he kiad wae that no decisions had been made by the Planni,n�; Co�mnission in regards to the £lood plain. Mr. Schack stated that they should be consistent in their rales regarding the flood plain. He didn't think it was ri�ht to let Mr. Perrozzi build with poles and someone else build a different way. Air. Boardman stated that the floai plain regulationc were set up by the Federal Goverrw�ent in 1975 and the regulations must be approved by the State. All requests regarding this floal plain must be sent to the State. • Mrs. Schack asked if the �arage would�be built on poles and raised also? Mr. Boardman stated that a structure was not required to be above the flood plain level unlecs it was habitable. It must be anchored however� so it doesn't float. Mr. Perrozzi stated that the �arage would be out of the flood plain area. He also stated that the value of the house would be consi�tent with others in the area and would add to the amenities. This type of construction was developed because land is beco�ing valuable. MOTION by Mr. Oquist, seconded by Ms. Hughes� to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CiiAIRMAIV iiARRIS DECLARED THE PUBLIC I�:ARII�*G CIASED AT.9;10 P.M. Ms. Hughes stated she would need more input from the other Coffinissioners. She vas complete],y opposed to building in the flood p1Ain. She would like more back- ground regarding the philosopt�y of what is allowed in the flood plain. Mr. Harris stated that he would like to appraise the Cou¢nissioners e�s to the conditions oY A SpeciAl Use Permit. Under rezonings and variances it is incumbent upon the petitioner to show cause why it should be grnnted. Under Special Use Permits� iP it i� denied� .;.t is Sncumhent upon the Conunissioners to list �;oal and c�ualified rectsons as to wk�y it should Ue denied. We have a flood plain ordinance PLANNIIIG COt+RJfiSSI0I1 MIi1fiINC, Ml�Y 23�1�79 ____' PAG� 10 --- - 21 and it must be complied with. In thic aren the Corp of �n6J.neero hae 3tated thc 1eve1 is f32?_. Our ordinance requires thut Any livable structure be 2 foot ttbove the ].00 year Sloo3 levcl and thiE meets that requirement. So he is m�ecting the requiremeni;c of thc floal p]ain and if we recca�unend elenial cre munt have bood cause for it. Mr. Ifnrris ctated that it Y�as his general feelin� that the City and the PJ.nnni.ng Coimnis�ion hrzs Ueen ne�rligent in not adoptin6 general policies for developmeni; in this area. Nir. Harris ��ent to i;he City Council about a month ago and acked how the Couneil rrould feel about a moratorium on buildinb in this area. Council sug�ected the Plannin� Conanission study it and.form recorrmiendations before they decJ.ure a moratorium. Ii�s pari>icular feeling was that he would not like to see construction in the area until guidelines are set ixp. Mr. Treuenfel.s was concerned about what would be considered �ood reasons. Two aspects mentioned were first, the draina�e mi�ht not be suf£icient and second� there could be a problem with ro3ents. He asked if these would be considered , good rea�ons for denial2 ' Ms. Iiu�hes added tha�i the 50 foot lot was substandard. Mr. Harris stated tY�at in our ordinance� as�y plat recorded before 1955, �e a11ow construction on 50 foot lots provided they are 7500 equare �eet. This lot is not but i:hat concerns the Board of Appeals. The drainage situati�n is a valid pofnt. He was not sure about the ralent situation. NIr. Boardm�n stated that the ordinance layed out the types of things they rrould not allow a Special IIse Permit for. The main thing tney look at is if ii will cause economi.c hardsl:ip el�ewhere by cau�in� flocr3in� on the neighboring lots. I£ they can show use through engineerinb data that they are not goiug to do thai or if they could solve an existing drainage problem� then we feel tliey have met that requirement. Ms. Schnabel stated they.should review the Co�issioners obligations regarding Special Use Permits. We must grant Special Use Permits if it is found thai; the proposed use is cospatible with the existing use and does not endanger the public health� safety and welfare of the area. To dev,y could"be dee�ed arbitrary� un- lawful and in violation oP the applicant's rights. The burden is on us in that sense. There have been other cases thst have established certain facts in con- nection with this. For ixistance� A claim that the adjacent property owners pro- perty would be devalued has been found by the courts to be not a reason for denial. TP the use complies with Planning� City, nolice and Yire departraents recommendations it must be given weight with the Council in approving a Special Use Permit. The btu�den is real]y on our shoulders. She stated that she'got this information from a memorsndum sent out by the City Attorney some time ago. Mr. Harris asked iF this property was really in essence acting as a holding pondY Mr. Boardman stated that was the way it looked. y e 2� Mr. Iinrria etai:ed tkwt it mi.ght be� becuuse of the draincige Eituation� that thia otructure should not Ue Luilt there and maybe the City should looY, into the poscil>ility of acquirin� i�liat lot for ctorm water stora6e. This goea back to their orlginal discuceion of cetl;in� uo �;uidelinec And cr.i�teria Yox buildin� in this area. If we hud that� we wou].d have certain nreas pinpointed as drainage stora�e areas. lie was not certain that an f3 inch pipe could handle the situati on of all tUe storm water in the area. Mr. Boardman stated that the 8 inch pipe. was for sewer. Mr. Hfarris acked what they had Por storm water? � Mr. Oquist asked how nuch drainage there was thereY Mr. Harris stated thAt it looked like the houses on both sides drained into this 1'ot . ' Ms. Schnabel stated that the house to the south drains there but the,house to the north does not. Mr. Doardman statel there was a series oP storm sewers th°re. Most of them are a catch basin type system at the end of each of the streets and it drains £rom there i;hrou�h a pipe into tne river. Mr. Harris stated that accordin,a, to this drawing, the center of the street elevaEion is at 822.6. Tnat is the er.isting elevation. In 'che lot, midpoint where the house would sit� is £322. So this lot is acting as a storm water retention area. The �arage elevation is at 822.6. The house to the south is 822.( and the house to the north is f322.8. So they have to drain there. I�. Boardman stated that by filling and grading,this lot� the water drainin� from � the adjacent houses wi11 drai.n into this lot and out to the street. That wou:_d solve the drainage problem. . Mr. Aarris was not sure it would solve the problem. He did not ieel the elevation diiferentials were enot�h. There were talking about pretty long distances and about tenths of feet. • Ms: Sehnabel stated that they were limited because of the elevation of the street and if they:were going to chan;e it� it nught requi.re the whole lot be filled in. Mr. Boardman stated that by filling in the lot� they would be creating a drainage problem for the neighbors. � Mr. Iiarris stated th3t there was a house off to the northeast aud there is an elevation of 822.1 in the corner of that house. The swale is 823.6 so the swale is higher than the corner of that house. 1�. Boardmun stated there probnbly wasn't.water in that area aqywqy. Mr. IiArris stated that the drop from the back was 823.4 and to the front of the lot is 822.3 so they have a foot und a tenth of un inch ovex 1172 feet. It was aot much�of a fall. "� ' rz,nt�xtrra cor�uvusssorz t�r•rzrrc, r�Y 23, �.979 � rnc� i2 2K Mr. Boardimn stnted that he looked at it based on en�{ineerin� und what can be done wi.th the 1ot� and thcy probab],y did the most i;hey could do with the lot. IIe still hnd>re�ervations as far ns what the Planning Cormnisaion�s recommendations will be regardint, the lote in the flood plain. Ms. Schnabel acked N,r. Harris if he wou].d feel more comfortable if this item were tqbled until•he had nn opportunity to go to Council and discuss the questions that hr�d been raised or until further study was done on the drainage on this lot. Mr. Harris stated he would feel more comfortable, yesj but felt the petitioner 4rould like to �et on witl� the construction. D7r. Robert Lindbloom stated he was the owner of the property and when he acquired the property the City told him he could build on the property if he met the flood plain requiremeut�. Mr. Boardman stated that if they tabled it for the purpose of further discussion with Council� he would suggest they not table it. He felt if they tiranted to table it in order to put together a policy that rrould be a goat reason. t9r. Harris agreed. Ms. Hughes asked when they could �et to that kind of a study. Mr. Boardman stated he would request a time perioci on the study. He stated he was not quite sure what they were looking for. Right now they have regulations and if they meet those re�ulations they can build. If they don't meet them� they cannot build. The regulations require a look at the drainage and we have denied several baeed on the drainage. This one does not seem to follo�� that criteria. Mr. Harris stated he couldn't agree with that. It was difficult to grade within an inch. Ms. Hughes stated that it looked like there would be about � to 50$ hard surface on the lot afi:er the house is built. She asked how max�y other lots would present this same problemY Mr. Boardman sL•ated there were onl,y a few � buildable lots in the area. The other lots would be hard to build on because they would require �+ to 5 feet of fi]1. Mr. Oquist stated that he did not see a reason to dex�y the Special Use Permit. 2�TION by Mr. Oquist� seconded by Mr. Treuenfels� to recommend to Council approval of Special Use Pernit� SP �'79-0�+� by Joseph Perrozzi: Per Section 205.i53, 5� Da of the Fridley City Code� to allow construction of a new dwelling on Lots 28 and 29� Block R, Riverview Heights� in CPR-2 Zoning (floal plain) the same being 8181 Riverview Terrace N.E. ' Ms. Schnabel stated that she had s problem with the elevation situation. She was not convinced tbat the figures were acurate and it would not cause a drainage ; problem. This survey was done in the winter and there was a question by the neighbors regarding the uccuracy. _ . � 2� Mr. Iinrxic agreed and ctated they vroutd have no problem estnbliahin6 lines in the win•ter� but it wou].d be difficuTt to eetabli�h elevationa in the winter. Ms. Schnabel s�ated tliey could tuke the elevation at the four points and they tbust have taken it ut the center� but the rect was all conjecture. She was concerned about �etting down to less than an inch Qrade difference and she wae not convinced thcy could clear any water proUlem wheu they were working rrith less than 12 inches. She felt that the intent of the petitioner was correct nnd felt he had u valid plan wi�h the post and beam conetruction. Mr. FIora stated tha1; he agreed that gradin� that close was difficult. Nfr. ilmrris stated the problem would be in the spring when the ground was Yrozen. UPON A VOIC� VOTE� 1�, OQUIST� t�. TREiJiNFELS� MS. SCHI+IAE�L VOTIh'G AYE� P�2. IIARRIS AND Bgt, iIORA VOTING P1AY, ADiD h�, iNGI�S ABSTAIPdII'JG� TI� b10T20N Y7A5 C�1P,RIED 3 to 2. Nm. Harris informed the petitioner it would go to Council on June 4� 197g. �F. NOTIORT by 2✓LS. Hughes' seconded by Mr. Treuenfels� to open the public hearin�. UPON A VOICE VOT�� /�LL VQTING AYE� CFiAIRI4AN IipRRIu D�CI.ARED THE PL1B'LIC HEARTTdG OPEN AT 10:00 P.M. Njr. Boardm�n stated tk:is zaas located at 6740 �+th Street Pi� and the petitioner proposes to bui.ld a 624 square foot gara�e. It would be en accessory or second garage. The existing garage is attached to the house. This would be located to the rear of the house crith access off the serv,ice drive in the back area. This is similer to other proposals that have been coming in and Staff has no cwmnent. Mr. Oquist asked if that was a service drive behind there? Mr. Boerdman stated it was an access. Ms. Schnabel asked if it was a dedicated access and asked wk�y there was a sign at the end stating it was a private drivewayY She stated there tere also barriers across there. Mr. Hora stated that he lived on the service drive and the barriers were placed there at the request of the neighbors. Mr. Harris suggested they look into having a barricade on a public right of rray. •��s Mr. Oquist atated that if it's barricAded it and the possibility was there of 2 M makir� an ensement there� coald u garage go there7 There �re other garages there. Mr. Iiorr� stated they couldn't drive around the barricade. Mr. Boardrottn stuted this gArage would have uccess o_°f that right oP way. Mr• Narris statefl that then the barricades would have to be moved. Mr. Iiora stated that ii; chould be the choice of the per�on ownin� the garage as to whieh �aay he entered the alley, Last ycar they requested the City to move the barricade to allow access to Mr. Larson's yard„ Ms. Schnabel stated that the sign saying it was a private drive should not be there. Nh�. Hora stated that he didn't see any prcblem ��ith the access. It was their choice as "to which way they entered. I�e stated that the petitioner would not be ati;endin� because he �:as in the hospital. I�ls. Schnabel asked what the petitioner would do with the existing garage. Mr. Boardman stated that the petitioner had discussed converting the garage but didn't want to convert it ivnnediat'ely. He would wait on that. Mr. Harris stated there would be a problem with that because it is 7 feet from the lot line. Mr. Boardman stated that wasn't his intention at this point in time. Fie felt the main thing was that the existing g$rage was a single car garage and Hanted more garage space. Mr. Harris stated that when discussing the zoning codes� they were considering a �+UO foot maximwn on second accessory buildings and they.enforced that on someone else. Mr. Oquist stated that was a difPerent situation because there were houses behind it and it was going to be used for storage. Mr. Harris pointed out that it xas simil.ar because it covered a large portion of the width of the lot also. . Mr. Harris asked for comments from the audience. There were no comments. Ms. Schnabel asked if there vere any co�ents from ar�y o£ the neighbors regarding this in the Piles. Mr. Boardman stated there were no calls or comments. PLflNt7IPIG COi7MTSSI0P7 T�PTT1dG, hUIY 23, i�74 - rnc� i5 z r� Mr. I{ora ctated that he was the hei�hbor that rrou].d probAbly be most afSected by the increc�ced 1;rraffic. 1[e was in favor of the barricades remaining for that rectson. fte ctnted he had no objection and under.stAnds the prob).em oP a �ingle car �arage. He etuted thrat the petitioner would use it as a�arage because he has a pickup� a car nnd a cAmper. � Mr. Oquist etated that if the petitioner took the door off the exieting gArage� he could get a buildin6 permit. Mr. Boardman stated he would have to get a variance. Ms. Hughes noted that the neighbors in the audience lwd made no comments. One nei�hbor ctated that they would have no objection to the garage iP it was the proper distance trom ti�e lot line but �iould Ue very discouraged if the barricades were reruoved. She stated they lived nexi; door. MOTIOId by Ms. Hughes� seconded by Ms. Schnabel, to close the public hearix�. UPON A VOI�E VOTE, ALL VOTIIc'; AYE� CHI3T�t dAN RARRIS D�CLAR�D TIi� PUBZIC HEARING CLOS�D AT 10:16 P.Di. MOTION by Ms. Hughes, seconded by Mr. Treuenfels� to recommend to Council approval of the request for a Special Use Periait� sP �7g-o5, by James Larson: Per Section 20�.052� 2, A� of.' the Fridley.City Ca1e, to a11ow construction of a second acceaso.-:y bvil3ixzg� a 2�+ it. by 26 lcot detached �ara^e� on 7�ot !FJ Block 2� Rice Creek Z'errace Plat 3� the same being 6740 �+th Street 57.�. Ms. Schnabel siated thai she had a guestion regarding the size. This proposal is far 62?F square Peet and i£ cre are �oing to be consistent� we should consider the • cize of the building. Mr. Boardman stated tk�at 400 square feet would be pretty tight for a double garage. They should coneider the use of the building. Mr. Oquist stated that he on],y tiad two cars but vrished he had that large of a gara�e. It was a large lot� it �aould sit in the back� and there was no one behind him. He £elt this was different from the previous request. Ms. Schnabel stated that the proposed gara6e is lar�er than half the size of the original house. The house is 25 by �+4 which works out to 1100 square feet. Mr. Oquist stated he didn't think that was unusual. 24 by 26 is a nice size garage. Ms. Aughes stated that she felt this would euhance this particular piece of property frithout goin� overboard. She would agree if tiiere �rere di£ferent circt�stances behind there. There would be no chrance of un�ything different behind it. Mr. Harris stated thr;t in the past� �ome of tliese large nccessory buildings end up as a camnerciul enterprise and thst would be his objection to a large nccessory butlding. . . pr�ara�zNC cot�¢usszori r�r.�irrcLr�v+Y 23, 19'l9 ___ � pncE i6 20 Mr. Oquiet stAted that could happen in a 20 tiy 22 �arn�e too. i�r. Fiarris stated thnt wua more un].ike]y. Ms. Sclmat�e7. ctated that the Fire Department and Polic„e Department should be 4ware of the barricade should they� need to �et an emergenc�f vehicle bacY, there. bh�. I3ora stAi;ed that was a good reason for keeping it as a service road rather than vacatin�s, it. Me. Schnabel stated she �ould be more comfortable if the petitioner were here. Ms. Iita�,hes asked if this could be delayed? Mr. Iiora stated he r�ould be in the hospital for about 3 or �+ weeks. He p].anned on hirin� a contractor. , Ms. Schnabel stated it was Qi£ficult to deny a Speci�al Use Permit. UPON A VOICE VOTE� ALL VOTING AY�� CAAIRAIAII IIAI2iiIS DECLAI2�D T73E Ni0TI0N CARRIED iif1AN7S:0USLY. 5. PIJ�LIC fICAR22:G: IZ�ZOPIISIG REQUEST, zon �79_03, BY ROSSRT G. ?iAYS: Rezone Yarcel 2'%6� iyir.;; in t!�e 't orth iIali' of °ection 11� T-30� R-2 �_City of FridJ.e,y see Yull�c Hcai�in�; T7otice i'or co^ole�te legal); from B-1 �ingle f'amil,y d�e1:L:in;`areas) to,C�i-1 � e;�era1 oYi'ice and lir;,ited busixiessf� tlie same beiii� '7599 tiniversitv Acenue P;is'. MdPION Uy Ns, Oquist, seconded by Nir. Treuenfels� to open the public hearing. UPON A VOIC� VOTE, �LL VOTIiv`G AYE� CIiAIRhiAPI I�AItRIS DECLARED T�C PUELIC HEARING OPEN AT 10:30 P.Di. Mr. Boardman stated this was located on the southcast corner of Osborne Road and University Avenue, off the service drive. There i5'presently a single Sami]y. structure there with residential around i-t. At 1;his time thexe is no comwercial zonin�. The lot itsel£ is 23,45o square Yoot. Page 63 of the agenda shows i:hey would Ue using the single family home as the o£fice with parkin� behind it. At this point in time� Staff would recommend against this re�uest because it is spot rezoning which is sa+nething the Planning Commission and the City are trying to avoid. He would recommend they m�intain the residential character of that area. • • Ms. Schnabel asked whtxt page 63 sha�wed? Mr. Boardman stated that page 63 showed how the parking would be behind the house and pa�e 64 shoored how the house is situated on the lot. There would be a 20 foot driveway. There would be access to the service drive and to Osborne Road. Iie was not sure there wss enot�gh room behind the house considering the building is 23�000 square feet. There is about 60 feet behind it. It's a large lot� but he feli; it would be spot rezoning and detremental to the neighborhood. 2P tda. SchnaUel osked what the width of the hou,e was? Mr. IIoardrmn stnted it waa about 26 feet� ._,.�. ._ „ Mr, Oquist asked if they had the required number oi pArking stA11c? Mr. Boardman stated they did� for i:hat square footage. Mr. Ed Bnbcock came forward and stated that he was the petitioner's nttorney. He stated that he reprecented 29r, Ralph Lind. Mr. Lind was unabie to attend.becauEe of recent sur�ery. Mr. Lind i:, retired and would like to sell. He fou.nd that the best use was no longer residential. Mr. Babcock noted that there was strip zonin� along University Avenue and thai; it had axi effect on the other three corners of this intersection. He felt this property woulc not have it's Sull value as a residence because of ��hat exists on -the other three. corners. He noted that in the ordinance the word "trans9.tion" is used for CR-1 zoning. Zn other words� CR-1 zonin� should provide a transition between counnercial and residential zoning. He suggested they look at this'as a unique site and not t�s usuaZ spot zoning. If it �rere an interior lot� it tirould be different. [aith xespect to barriers� on the south side there is a board fence and on the east side there is a green hedge. Mr. Bob Iiays ocros the house to the east and he is in the real estate business� with News Reality. Ydeias Reality has the listing on D4r. I.ind's home. They have not entered into a purchase a�3reement and do not have a purcYiaser. They have had interest in the property and it wovld appear that this would be a real estate o£fice. It wou].d not be purcha�ed by I�'ews Reality. They F�ould be willin� to comply taith any conditions imposed by the Commission. Mr. Oquist asked how they could be sure it would be a real estate ofYice if they didn't have a bvyerT Mr. Babcock stated that a reaJ. estate business is very interested. Mr. Oquist stated that he understood his point re�arding spot zoning and even though it is not in the mi.ddle of residential� it is at the start of it. Mr. Babcocic stated that he felt the corner lot was affected by the co�nercial more than ar�y other lot and it would serve as a transition. N�. Boarclr�an stated that he felt the corner lot wss more affected by traffic than cammercial and the �ame point could be used for all the lots along the service drive. All the lots to the south are af£ected by tra�£ic, access� lights, etc. If they put that house on the marlset as a single fami7y;residence, it would be sold that way. There are houses bein� built along 694 and al�o alon� the Burling- ton lines that are qffected Uy traffic noise and those homes are being sold. By starting co�ercial alor� thai: service road they would have major problems as far as access on to Osborne. A�y corner development would spread along University and they wovld have unother strip commercial development. Also� this zoning is not consistent with the Compreliensive Development Plan the City adopted in 197�+. � '�` 2� Mr. T3abcock ctated that he felt there crac more expo3ure on the corner and did not feel it would necertsarily put them in the��osi.tion of rezoning the lots to the south. Mr. Oquist stuted it would make it more d3Eficult and it is the start of it. Mr. IIoardman stated that ii the Planning Comnission �pproved this� they would h[nve to looY. At the road system, 'i"ney ��ou1d need more of a loop accees for the intersection o£ Oeborne and University. There are goin� to be changes on that intersection thut will require eome medians� right and left tuY�n lanes and.those types of things. If rezonin� ic approved in this area� nnd he would recouunend A�ninct it� then he would recor,unend a portion be dedica�ted £or a loop-back cystem and that the present structure� i;he way i� is presently set uz�� not Ue allowed to be ui;ilized. He felt they �rould have to look at sellin� that structure and removing it and developing so�ething along that eite that wauld meet a road pattern system. If we stas•t developin� corc:,ercial� this street pat�Lern r�ill not service it. It will. have to be changed. I% would like a cormiitment on the service drive and the setbacks i'or the loop-back system. Mr. Babcock stated they would try to meet the conflitions. FIe would have to consult crith his client. The lot dimeusions are 185 feet on the �aest� 215 along the east by about 130 foat. hfr. Frank Waks, 757l+ �+th Street Nis, stated that the people in tha'c two bloelc area were responsible Por the rezoning Srom Rice Creek to 73rd. Mr. Lind �aas in on that petition. At one time, a trailor cow-t was pr.oposed for across the ctreet. 2dr. Linfl was in on the petii;'icn to stop tllat. He fclt the road�aay they were considering alon� the back wculd be a iine tran�ition i'or 2'ir. Lind, but not for the other 5 property owners along there. Mr. W�eks stated his property was 200 feet from P4r. Linds. They l�ad a gentlemen's agreement that 5th Gi:reet taoul.d not be used to get to Unity Aospital. He stated he couldn't see taking that home� which is a beautiful brick home� and making it commercial. The other 5 property owners wo.il_d suffer more than A1r. Lind. Ms. Lorraine IIlosl�y� 305 76th St. NE,. stated that she•lives behind the fence. She stated they have been there £or 24 years and had watched all the changes. She did not want the parking and traffic noise. There wou].d be an increase in tra£fic on the service road. Mr. Robert Blosiq�� 30j 76th Ave. NE� stated he had a petftion with 32 signatures agAinst the rezoning. They live L-o the south. He agreed with his wi£e and didn'L believe there should be s coimnercial property on that corner. Mary Treanor� 7542 4th St. NE� stated that 4th Street was one block long and was a nice residential street. Sl�e would like to keep it that way. N�TION by t�k. Treuenfels, seconded by Mr. Oquict� to receive the petition. tk'ON A VOICS VO'P�� ALL VOTING AYE� CHAIRMAN FTAIiRIS DECLAit�D TFiE P�TITION RECEIVED. �� PLANNItdG COMMISSIOtd 1�U'LTIt7G, T�AY 23, 1979 PAC� 19 2R MOTION by Ms. Schnabe.l� oeconded by Nir. Treuenfels� to close the public hearing. UPON A VOICE VOTl:� ALL VOTIPIG AYE� CHAIRtdAN ITARI2:IS D�CI.ARED TII� PUIiLIC I�liR22dC CLOSLD AT 11:05 P.t4. Me, Schnabel stnted that she didn't see the validity of the request Por rezoning. She £e11: it wa� spot zonin� and was surrounded by residential on Osborne and on Univercity as well as the houses thai� back up to it on 4th Street. The traftic pal:tern is a critical part end felt it would be a mistake to even consider puttin� the parlcin� in the rear rrii;h an access to Osborne road. It would be � very dangerous situation. Also� a great deal of the nei�hbors are opposed. MOTION Uy M�. Schnabel� seconded by P4r. Oquict, to recommend to Council denial of rezonin� request ZOA �f79-o3, by Robert G. iIays: Rezone Parcel 2700 lyin� in the North Iialf of Secti.on 11� T-30� R-24� City af Fridley (see Public Hearing notice for comple�,;e legal), from R-]. (single i'amily dwelling areas) to CR-1 (�eneral ofi'ice and lirnited business), ti�e same being 7599 University Ave. IJ.E., for the following reasons: 1� spot rezoning - surrovnded by residential� 2) creating a dan�erous situation with parking in the rear and access to Osborne, and 3) great deal of neighborhood oppocition. Ms. Hughes stated that she a�reed completely. Mr. Treuenfels stated that £urther housing is needed in Frid7,ey and most of the residential land has been dereloped. Also� there are a number of trees on the lot that might not survive. For these reasons he did not feel it would be in the best interests of the City to rezone residen•tial to commercial. • UPON A VOIC� VOTi:� ALL VOTING AYE� CiL4IE2MAN F.ARRIS DECLARED THE MOTION CARRIID UNANIA70ffSLY. Mr. ITarris inforn;ed tlie petitioner tk�at the Co�mnission was recommending that Council deny this peition and reciinded him tha� he had tlie option to withdraw his request. He stated:tiiis would go to Council on June 4, 1979 and Council would set a public hearing Sor July 16� �979• Chairman Harris declared a recess at ll:10 P.M. and reconvened the meeting at . 11:25 P.M. E. PUBLIC HEARIIDG: RE7.ONIIGG REQUEST. ZOA �79-04, BY THE GRAVES � same beinu 5701 Uuiversitv Avenue MCYtION by Mr, Oquist� seconded by D7s. Hughes� to open the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRMAN IIARRIS DECLAl2ED THE PUIILIC I�'JIRIIQG OP�N AT 11:25 P.M. , MAY rnc� 20 � S Mr. Boardmon gnve the Commiesioners eome aerial photo�raphu of the eite. �e ntated the Qi�e wao locA�ed in the loop-back area tli�t the City has at 57th and Univer3lty Avenue. 4'he exictin� ctruc�ure will be taken down. There Are four lota with one owner and the £i��t 3 lots are zoned C-2 and the Yourth lot is zoned R-2. They would like the R-2 lot zoned C-2 so it �rould be consistent with the other three lots and they would be able to construct a srmll office with a WincLell llonut on �he corner. This is located acro�s the street Prom rihere the new approved �uper Am.erica Station will �o. He felt this plan with the landscaping would be an improvement.over the existinb �ta�ion will all the blacktop on thic curner. ' Mr. Treuenfels aciced if there trasn't a second possibility concerning the road4 Mr. Boardman s�ated they had looked at it in the re�idential con•Lext because there is A residential structure there. There were two altern�tives. Qne was to leave the serrice road where it is. They felt that if the existing house was ever �estroyed� that propexty would probably Uecome cotmnercial. Fie felt that wi�h that road pattern it was not a good loca�Cion for residential. If they developed the road pattern in a manner to isolate that house from this commercial area, and eliminate this road systen� it would be tied more into a residential area. They felt this plan was the best. Nm. �gene Graves stated they c�ould like to get the four lots together so they could put up a better building. Ms. Schnabe]. asked if tkxey had �dinchell's lined up as a tenantY Dir. Graves stated they did, but as of today they didn't. But they still want to get tk� four lots togcther. Ms. Schnabel si;ated that the plans indicated they wanted to put office and retail in and asked what type of facilities they were thinking up? Mr. Graves stated that.he had no tenants lined up. Ms. Schnabel asked what the square Pootage of the building would be? Mr. Graves stated he was not sure and only had sketches. They pl.anned to present the plans when they applied for the buildin� permit a£ter the rezoning was taken care of. . Mr. Boardman stated tvat the plan the Commissioners had indicated the maximum amount of space and parking thmt would be allowed on th�st site. Ms. Schnabel stated that the following were the types o£ businesses allowed in a C-2: Drug store� hardware store� bakery, department store� bars and taverns� household equipment repair shops� co�ercial recreation, rest�urant, excluding drive-ins� and several others that would not be applicable. A].so� edditional things would be allowed with a Special Use Permit. A rLnrrrair�c corartzsszorr t�a�rlr�c, rv+Y 23, z979 � Pna� 21 Mr. Boardman noted that three of the lots were already zoned C-2 and aleo i;he atr:lp commcrcial to the uorth and aouth are G2. Ms. Grace 1Qui;hisen, 31�fi 57th Plc�ce NE� stated that ehe owned the other three lots And asked how this would affect her? She asked if the Super America was �{oing to come in? Mr. Boardman stai:ed it was. . Ns. i+t�thisen �tr�ted that the station that �aas there didn't bother her and it was u peacePul corner. There was a tra£fic problem. Mr. Boardman sl�owed NLs. A"athisen the proposed plan. Ms. Mathisen stated she would have no objection if'they follow this plan rrith tke building in tne back and the parking on the south and west. t+Ls. Hughes �tated that if that whole strip including Ms, tda�thisen's property r�ere rezoned G2� it would tend to encroach into �he residential. Mr. Boardman stated that in this situation he would not have that much of a problem with that because oi' tbe service road. The service road that is presently existing there is a treffic generator becau�e o£ N`acDonald's, etc. MO`PION by h:s. Hughes� secon3ed by i�'s. Iiora� to close the public hearing. UL'ON A VOICE VOTE, AIS, VOTIIdG AYE� CHAIRPti9N HARE?I5 DECLARED THG PUBLIC HEe�.T:IhG CLOSED AT 11: �+'j P, ri. Mr. Ognist stated that he did not see a�y problems with this request. PhOTION by Ns. Oquist� seconded by Air. Hora, to recommend to Council approval oP rezonin� request ZOA �9-04� by the Graves Compa��: Rezone Lots 1-4� Block 6� City Vie4�, from R-2 (two family d�elling areas) to G2�{�eneral business areas) to allow a�ew development oY sn�all ofPices� the same being 5701 IIniversity Ave. NE Mr. Treuenfels stated that he�regreted seeing ar�y residential zone rezoned to commercial. N,r. Boardman stated there is a dedicated easement sei up by the Highway Department for a right turn lane and on tbe fourth lot there is an�8 Poot dedicated easement. UPON A VOICE VOTE, AI,L VOTING AYE� CAAIRMAN iL4RRIS DECLAiiED THE Di0TI0N CARRIED UNANIt�iOUSLY. Mr. Harris inPormed the petii;ioner thut this would go to Council on June 4 and Council will set a public hearing for Ju�y 16� 1979• 6 2 "� COP�4�ffSSZON 7. VACATI021 RF�U�ST: SAV ! -02LCI77 UT' F`RIDLLY: Fxchange oi' realirzn Service 1?or�d for Univer�itv livenue. Mr. Boardman stated this was located in,the aame area as the previous requeat. It is the Super America property. The er.isting service drive is too close to the corner and i;hey want to pull the service drive in behittd to get around the median lines. Most of this property was State property and was turned back to the City of Fridley this year. They negotinted An exchange of property with Super America to alloyr them the additional room they need and.still provide a service access. In order to do that they l�ad to go �cross the car dealership's property and in those negotiations they turned back some of the property to the car dealership. Super America would get Parcel 1 and Parcel 2, and the dealerehip would get Parcel 3. Th3s plan wi11 also solve the problem with the traffic from the drive-in. Ms. Schnabel ctated there was An apartment building behind and asked if they c�ere notified of this? • Mr. Boardman stated they w¢uld not get notified. They know about the service driv� . Ms. Schnabel stated that she would be concerned if she lived in that apartment and the drive-in was letting cars go through there. _ Mr. Oqu3st acked ii there wasn't e parking lot there? Ms. Schnabel stated it was not that big. Mr. Harxis stated they had to clean up that intersection. . Ms. Schnabel asked about the accesses for Super America. Mr. Boardman stated there would be an entrance on Parcel 1 and Parcel 2 and an access off the service drive to the east. There would be one access ofP 57th and two off the service drive. • Mr. Treuenfels asked if there would be a�y direct access to UniversityY Mr. Boardman stated there would not be any access to University. MOTION by Mr. Treuenfels� seconded by Mr. Oquist� to recommend to Council approval of Vacation Request, SAV �f79-02� City of Fridley: Exchange of property to realign service road for University Avenue. UPON A VOICE VOT�� ALL VQTING AYE� CHAIRMAN HARRIS DECLAF2ED THE MOTION CARRIID UNANIMOUSLY. 2 � Y� $, EI.ECTION OI' Afs, IIv�;hes nominuted Ms YFlU� c� i _. ..... no 107Q '�� Schnabel Por Vice Chaix-pexson. NSr. Hora nominatiea Mr• T�n�enFeld Yor Vice Chairpex.;on. MOTIOI9 by t+tr. Trauenfels� seconded by Mr• Oquici;� '�o close the nominations. iTPON A VOIC� VO`PE� AT� vOTZNG AYE� CFTAIRI�AIJ F�� DECLARED T�lE N�I''�N�TI�S CLOSLD. The Comnicsioners voted by secret ballot and Co��ss on y waJ elected to the po�ition of Vice Chaix'Person of the Plannin6 9, R�C�IVE tiLRdP.N R�SOURCBS COP,R�'LZSSION 1✓STICFPES: I''fAY 3 � 7`�' NdJTTOid by t,1r. Treuenfels, seconded by Ms• Scl�uabel� to receive the MaY 3� i979, minutes of the Hwroan Resources Con�cis�ion. UPOTd A VOIC� VOTE� ALL VOTING AYE� CIIAIRb'fAN IiARRZS DECLAItED THE t�OTION CAk�� UNANIMOUSLY. -- _ ,,,�,,. 10. REC�_IVF P��& �ION by Nis. Hughes, seconded by I�s. Treuenfels� P ks and l�ecreation Comml��ion. to receive the May 7� 1979, minutes of the ar h,pTION CARRT�D UPOTd A VOICE VQTE� ALL VOTING AYE� CAAg'S`'�' I��IS DECI,ARED `t� 'UNAPIIN:OUSLY. 11,. RECEIV� 1�PPS�ILS COi�'LCSSION hiIIQ[7TE5: T'�PY 15 19 MpTIpT1 by Ms. Schnabel� seconded by Mr. 2`reuenfels, to receive the iday 15� 1979� ppp Ae ls Co�nission minutes. Mr, Iiarris stated he was surprised on the determination on the lot size regarding the request involving tbe floal plain. Ms: Schnabel stated they had aPProved other 50 foot lots oY that size in that area. UPON A VOICE VOTE� AI.L VOTING AYE� CANII�'7� ��IS DECLAEtED Tf� M�`�'ION CP.RR UNpNIh;OUSLY . 32. CONTINUED: COMPRrIi�NSIVE D�VEI.�PI�'lENT PLAN: MOTION by Ms. Schnabel, seconded by Mr. �quist� to continue the discussion on th' �omprehensive Development Plan. Mr. Boardman stated they should plan to discuss it during the June 6� 1979 meeting and he would like to set up a special meeting on June 14� 1979• tk'ON A VOIC� VOTE� ALT. VOT�G AYE� CHAIRMAN IiAR�IS DECLARF•D THG I�'IOTION CARRIID UAIANIb'LOUSLY. ' • �3 1�'19 - rnc� 21F 2 ll y3• CONTIIIUGD: PROPOSF.D CIiAT�GP:u To cti��t 205. zot�tvr,: MOTSOP� Uy tdr. Oquisi;� seconded by Ms. Iiughea� to continue the discussion on the proposed ch�nges to Chtapter 205. zonin�. UPON A VOICE VOTL� ALL VOTING AY�� CHAIRMAN HARR:LS LECLAR�D TFiE MOTION CARRIED UNANIMOUSLY. 14. MAY 14, ly'(y_: .. MOTION by t�Is. Schnabel� seconded by Ms. Hughes to receive the May 1�+� i979 minutes of the iIousin� & Redevelopment Authority. UPON A VOICE VO'F�� ALL VOTIPIG AYE, CIiAIRMAN I�ARRIS D�CLAi2�D THE Ni0TI0N CAItRIED UNANIMOUSLY. NOTSON by Mr. Oquist� seeor.ded by T,r. Treuenfels� to adjourn the i�'ay 23� 1979, meeting of the Planning Corruuission. UPON A VOICE VOTG� ALL VOPIATG AYE� CARIRi"3/aN fIARRIS DECLARED TiIE I✓iEETITdG ADJOURNED AT 12:15 P.M. 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I�i r i i � � --- -- � ; =-- —..... _ � I i �i � � I j , , � . , I ;i ( ' � � � I I- -__ _. . . � • � � I! i � � � ✓ I I ; i � � ' � ' � '` :,. � +�_1 ., ,.., ;, .. „ :. ,. . •• . . , ---- • APPEALS COMMISSION MGETING, MAY 1$! li 979 ____ PAGE 10 ZNH Ms. Sclwabel atated the history�there� with Target� has been one of trafPic problems. She agreed with Mr, Barna that if that cut could be widened it wou].d be better, iP the Engineering Department would go along with it. MbTION'hy Mr. Plemel� seconded by Ms. Gabel to reco�mnend to Council approval of the reque$t for variances to Chrzpter 205 6P the Fridley City Cale� to reduce the required 80 foot setback from aqy right of way line to 35 Yeet alone 53� Avenue N.E.� and reduce the parking requirement from 30 to 25 parking stalls, to &ll.ow the construction of a co�ercial building at 765 53� Avenue N.E. ' [T150N A VOICE VOTE� pLL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIID UNANIMOUSLY. MOTION by Ms. Gabel, seconded by Mr. Barna� to reconnnend that the petitioner work with the Engineering Depart�ent to change the driveway to Yacilitate public safety and consider signing the first two stalls for emplayees only or compact cars only. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED � MOTION CARRIED UNANINYJUSLY . Ms. Scrinabel informed the petitioner that this would go to Council and suggested they talk to the En�ineering Department before it �oes to Council. 3• MOTION by Mr. Plemel� seconded by Ms. Gabel� to open the public hearing. UPON A VOICE VO'FE� ALI, VOTING AYE� CHAIRWOMAN SCHIVABEL DECLARED THE PUBLIC HEARII+TG OPEN AT 8:50 P.M. Ms. Schnabel read the Administrative StaYf Report as follows: ADMINISTRATIVE STAFF REPORT 8181 Riverviet•i Terrace A. PUf3LIC PURPOSE SERVED [3Y REQUIRENENT: Section 205.053 (13) On a plat recorded before December 29, 1955, the, _minimum lot area is 7,500 square feet. Public purpose served by this requirement is to avoid the condition of overcrowding of a residential neighborhood and to avoid an excess burden on the existing water and sewer services, and to avoid reduction of surrounding praperty values. Section 205.053, 4, (Q,1) requiring a 10 foot side yard setback for living areas in an R-1 zone. a APPEAi� COMI�ffSSION MEEPING, MAY 15, 1979 �. PAGE 11 2 jl Public purpose served by this section of the code is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet bet4�een garage and living areas in adjacent structures to reduce exposure to conflagration of fire and also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARUSHIP: None given. C. ADMINISTRATIVE STAFF REVIEW: RivervieN� Heights was platted many years ago in 25 foot lots. Over the the years past, many homes have.been built by combing t4ao 25 foot lots io attain one 50 foot site. There are several homes in this same block that have been built on lots of this size. This lot is located in the flood plain, therefore, the structure must be elevated to a certain level, and in some instances it has been difficult to grade the property to meet flood plain requirements. This proposed structure is going to be post and beam construction, therefore, the grade can be left {�retty much the �vay that it is. The staff has no recoinmendation on the area variance request, if the Cominission approves it. • oftitrweewould notthave��recommended�stipulationhsin�emeven�withcthe�reducedroval side yard, it would still meet the 6uilding Code of 6 feet between structures. There is however, additional hazard of spread.of fire due to the reduction from 15 feet to 10 feet bet�aeen living area and garage. Ms. Schnabel stated that the Commissioners had received a survey of the property and also a picture of the lot in question. They also hsd a map of the area. Mr. Clark stated that the house plsn was presented with a post and beam type foundation allowing for water to stand beneath the structure should the river come up. The top oY the floor inside would be approximate]y 3 to 4 feet above the existing ground. Mr. Plemel asked if there would be a basement or crawl space? Mr. C2ark stated that as he understands it wouJ.d be open underneath by about 12 feet. There would be l� feet below the Yloor joists to the ground. Mr, Clark stated that this item would also be heard by the Planning Co�ission on May 23� 1979� because it is 3n the flood plain. At that time they will consider the structure and elevations. The Appeala Board is on�y required to act on the two variances� one to reduce the aquare footage requirement Yrom 7500 square feet to 5989 square feet and the other to reduce the side yard to the south of the house Prom the required 10 feet to 5 feet. He stated that the house could be turned 90 degrees so the ahorter aide vould be tawards the street and that would increase the side yard to g feet. APPEALS COhA�ffSSION MEETII�, MAY 15, 1979 - ,_� PAGE 12 � 2�J Mr. Perrozzi stated that regarding the newer foundation� the City of Minneapolia has built several of these structures in the Lake Calhoun area where they have a problem with poor footinga and poor soil a� it meets ell their engineering require- menta as far as steel beam construction goes. The steel eye beam would be more solid than conventional concrete or cement foundations. He stated there would be skirting around the outside so it wouldn't be open. The skirting will keep amall animals and children from getting under the house. There wiLl be a culvert coming up Por the sewer and water near the rear of the house. Mr. Plemel asked if he was planning to own and occupy this himself? Nh�. Perrozzi stated that he planned to. Ms. Gabel asked Mr. Perrozzi to explain the type of beams he was talking about. Mr. Barna stated it would be like the house on Matterhorn Drive construction wise. The look oP the house was dif£erent irom this but the construction wae basical],y the sa�. Mr. Perrozzi stated it would be a number of telephone poles that would be power driven into the ground and the steel eye beam would rest aeross those poles. Ms. Gabel asked what the skirt would be made of? Mr. Perrozz3 stated the skirt would be wood with a screen mesh like a lattice work would be. It would look like a conventional house. Ms. Schnabel asked Mr. Perrozzi if he would be doing the actual construction work himself Y Mr. Perrozzi stated he would have it done but he would be the general contractor. Ms. Schnabel asked how soon he planned to begin construction? Mr. Perrozzi stated he planned to begin within a month and have it completed tMis su�er. Ms. Schnabel asked iY he proposed to put a garage on the rear of the propertyY Mr. Perrozzi stated that was correct. Ms. Schnabel asked if the plan the Co�issioners had was done by a surveyor? Mr. Clark stated that was a reduction of a plan done by a surveypr. Ms. Schnabel stated she had noticed ell the swaies noted on the plan and asked if there wae a specific reason for that. Mr. Clark stated that if the grading was done according to this plan� theoretical]y� no vater will run Prom this lot onto an adjoinin� lot. The lot would drain within itself out onto the street. The darkened arrows are the center lines of where the flows of water wi11 supposed]y take place. There will be water flowing along the south side oY the house and also along the driveway on the north side of the house. pPPEALS COMIdISSION MEETING, MAY 15�_1979 - PAGE 13 2�Q( Ms. Schnabel asked how they could be sure it would be done in that marr�nerT Mr. Clark stated that the grading wou].ci be checked by the Engineering Department beYore it is approved. - Mr. Plemel stated this looked like extra precautions that we don't normally see and asked if there was a problem. Mr. Clark stated they didn't want thie property built up so the water runs on the neighbors property and causes water problems for them. Mr. Plemel asked if there would be some fill added to this lot? Mr. Clark stated there would not be a lot of Pill added because the house is being built above the ground. The driveway would probab]y need a little bit. Mr. Barna stated that elevations shown on the plan sre pretty much what they currently are. Mr. Clark stated that the ones not circled are existing elevations and the ones circled are the proposed elevations. Ms. Schnabel stated that the ones circled are proposed elevations and if they are not in iact existing npw� that means they wi11 either .have to be �raded or there would have to be fill brought in. Na�. Clark stated that the north east corner shows an eacisting elevation of 823•7 and the proposed would be 823.6 so there would be basically no change there. Where the house would sit the grade of the elevation is roughly at 824.1 and the drivew�y elevation is at 824� which is about the same elevation as the house te the north. To the south the existing garage is at about 822 and the swale on the proposed drawing is at 822 so there would not be a great change. He stated that the lot itselY would not be built up with the exception of the driveway. On the Staff Report for the S}iecial Use Permit it states that the ground underneath the house should be at 823 and if you look at the swale along the south property line it's less thsn 823 and the swale does drain towards the street so water will not kiave to stand on the lot. Ms. Schnabel stated that then Pro� midway on the lot to the street it would go Prom 823 to 822� a diYference of sbout one Yoot� pitched towards the street on the smzth side. On the north side it would go from midway at 82�F to 822 so there would be a two Poot difference to the street. Ms. Schnabel reierred to the StafP Review snd stated they were speaking oY the garage on the south side oY the proposed structure. She asked how Yar that garage is off the property line? ' Mr, Clark stated it was approximately 4� feet. pPPEAIS COMMISSSON MEETING, MAY 15� 1979 - PAGE 14 2LL Ms. Schnabel stated that the proposal for the new structure on the south side is to put it at 5 feet so there would be 9z feet between the two. She stated that the code requtred 15. Mr. Clark stated that because this is a detached garage� it could be as close as 3 feet. , Ms. Schnabel stated that was a point and if it were gara�e to garage it could be 6 Peet between the two. So since this is a detached garage it could be 3 feet but the house would have to be 10 £eet. So the basic question they have to deal with is the request to have the house closer to the lot line than the code allows. Also� he was suggestin� that if the house were turned so i:hat the 30 Poot ran north�south, they could pick up an additional �t feet. Mr. Barna asked the petitioner how flexible the floor plan was? Mr, Perrozzi stated that if they turn the house it would destroy the amenities such as the view of the river, etc. They si.tuated it this way so everythisi� they wanted in the house could be accomodated. Ms. Schnabel stated that the other question was the lot size. They would like to reduce it fr� 7500 square feet to 5989 square feet. Basically the difference comes in the lot width rather than the lot length because the lot length is as long ar longer than most lots in the City. She asked that the people in the audience keep in mind that they were dealing with those two questions� the lot size and the side yard setback. Mr. R.. H. Klingbeil, 8199 River View Terrace, came forward and stated he lives on the north side of the property in question. Mr. K].ingbeil was concerned about the pile driving and that it �aould harm his foundation. Mr. Perrozzi stated that when they do the pile driving� they would set a meter in Mr. Klingbeil's house that would measure the vibrations and they wovld keep them at a certain level so his foundation would not be harmed. Mr. Clark stated that the house on Matterhorn is on posts also and they were not power driven. They dug and put down concrete pads and set the poles on the pads. Mr. K13ngbeil reiterated that power driving those pilings would harm his foundation. He stated that his other concern was that when they put in this atreet� they raised the road and his Yront lawn tapers that way and he would have to fi11 there or it will drain on his property. Mr. Clark stated that in the middle of the yard it was at 821 which indicated that hie yard was hi�her by the house and dips down and back up at the street. Mr. FQingbeil's water probably drain� onto this vacant lot. When this vacnnt lot is filled it will not do that a�ymore. Me. Schnabel stated Mr. Klingbeil could be £aced with a little regrading on his own lot. APPEALS COh4�ffSSION MEEPING, MAY 15� 1979 PAGE 15 2MM Mr. Schack� 685 Glenece St. N.E.� came Yorwsrd and askect how far the garage would be from the adjacent property line and the adjacent house? Mr. Clark stated it would be closer to his garage. Mr. Schack stated that when he built six years ago certain limitations were put on him regarding setback and concrete blocks and he was upset tk�at Mr. Perrozzi would not have the same limitations. Ms. Schnabel stated that the code may have been difYerent then. Mr. Don Schneppmueller stated that he lived at 8151 River View Terrace which is south of the property in question. His feeling was that the entire axea was being over-populated. He stated that he had problems with his sewer backing up and if they put more homes in there it would be worse yet. Mr. Barna asked Mr. Schneppmueller if he had problems with his sewer during this last high water? i+h+ir. Schneppmueller stated he didn't have ar�y problems this last time, but a year ago he did. He stated he does get odors down there a lot, Sf they put this house here and they are planning to put two more on the other side of Hugo� so it's going to get worse. Mrs. Schneppmueller stated that when they wash their car or when it rains� the water runs into that lot and she was concerned about where that water would go if they built a house there. Ms. Schnabel stated that Mrs. Schneppmueller's house was at 823.7 and the hi�est point shown that they are proposing is at 823.7 which is the same as their house� but that is at the very rear of the lot. All along the lot line they are showing an elevation that is lower tk�an Mrs. Schneppmueller's house. Mr. Perrozzi stated that the runofi in his lot goes to the atreet. Mr. Barna stated that the normal runoff in that area is not normal� it is very high and standing water in that area is very high. Mr. Schneppmueller stated that everything comes from the East River Road and there was no sewer from a block up so it comes right down to River View Terrace. Mr. Klingbeil stated that they took the surveys in the winter and he believed they miased a little bit. Mr. C2ark stated the survey was taken on Febxvary 21� 1979• Mr. Perrozzi stated that this meeting was concerned with the variances and the 3pecial Use Permit should be discussed at a later time. Ms. Schnabel stated that aince these people were here they should be able to coffiaent. APPEALS COhII�ICSSION MEEPING, MAY 15s 1979 - PAGE 16 2NN Mr. Barna stated that N�, Schack'c concern wae tkiat he had two vacant lots behind his house and what is allowed here will bear on what is allowed behind him and after the experience on Fairmont the people were.concerned. The house on Fairmont ie a nice house but it �ust dcesn't Pit. Ms. Schnabel pointed out the this discusaion was more germain to the Special Use Permit which will be handled by the Planning Cor�ission. The Board of Appeals was concerned with the variances. Ms. Gabel stated that i£ they were objecting to the design of the house� nobody had a�y control over that. Mr. Klingbeil asked if this had to go to the government because it is in the flood plain. Mr. Clark stated that was correct and it has already been reviewed by them. Mr. Barna asked Mr. Schneppmueller how £ar his garage was from the lot line? Mr. Schneppmueller stated it was 4 feet. Mrs. Schneppmueller aslced iF they would have to move their fence onto their property if that house is built there and how close to the property line does it rsve to be. Ms. Schnabel stated they general]y recommend that the fence be within their property so they can maintain both sides of the fence. Mr. Clark stated ii they put it right on the property line it causes problems for surveyors� but the code dces not demand that it be setback from the property line. Ms. Gabel asked about the sewer and water. Mr. Clark stated that he was not sure. He stated that during the flood there was a lot of problems. There used to be a lot oP infiltration of ground water into the sewers. Personall,y� he was not aware of a� back-ups with the exception oY a few isolated cases in the last few years. These reports go throUgh the Public Works Department and they had no comments regarding this particular item. He stated that the sewer drops at iIv�o and gces from 8 to 10 inches� and below Hugo it is probab�y ]A inches. Above Hugo it is all 8 inehes. There is c].qy tile there. Mr. John Rice� 696 Hugo Street N.E., asked how high the house would be. Mr. Perrozzi stated it would be a story and a half. Mr. Clark stated that the lst floor would be higher than the houses around it by about one foot. Mr. Perrozzi stated that if they put drain tile_along the swale lines and run it into the river� it would take care of the drsinage problems. Ms. Schnabel stated that she didnTt think they would be able to do that. APP�ALS COh�IISSION MEETING, MAY 15, 1979 PAGE � 2 OO Mr. Klingbeil stated that he was told they wouldn't put more than two houses in one block because it would be too crowded. He stated that by puttin� so max�Y houses in it would become a slum area. Ms. Schnabel asked ii he had ever been approached to buy one oY these 25 foot lots? Mr. Klingbeil stated that he could of boug�t it but did not want to. Ms. Schnabel stated that her point was that when they have a 50 foot lot like this it is going to be built on. The alternative is for the people adjacent to the property purchase it. Mr. Dan St. Clair� 8141 River View Terrace, stated that he has lived here for about one year. One o£ the reasons he moved into this area was because oP the niee houses and location. He moved here so he wouldn't be so close to his neighbors and have over-crowding. Mr. Barna asked Mr. Sneppmueller how he wculd feel about having a house about 9 feet away from his garageT Mr. Sneppmueller stated he wouldn't like it. Mra. Sneppmueller stated they have a swi�ing pool in their back yard and are in it quite late at night sometimes. There could be a lot of noise. Ms. Gabel stated that when someone owns a piece of property� they have the right to develop it. Nh�. Bob Lindgren stated that he had an interest in the property. He felt it was a good piece of land and felt that the people here looked at it as a dump for all their water. Mr. Perrozzi would like to build a house on it and live there. He has a right to develop his property. Ms. Schnabel stated tk�at another point they should make with this particular request is that the size of the lot they are faced with is a given fact and there wasn't much they could do. There was no land available to expand the size of the lot. There is a hardship in the width of the lot but plans cwal.d be developed that would require no variances. Other houses have teen built on 50 foot lots without variances she thought. Mr. Clark stated they could build a home on this size lot that would not require any side yard variances. A7r. Barna stated he could see no reason for designing the house 5 feet from the lot line. Ms. Schnabel stated that their concern in setting houses close to each other was the spread of fire and their other concern was to have enough room to get Pire Pighting equipment throvgh iP necessary. The Fire Ch1eY k�as said they need a certain amount of space for that. _ _ PAGE 18 ZPP Mr. Clark stated it would depend on the height of the building and they wanted enough room to raise a ladder. Mr, Barna stated there were 960 square foot houses all over that area on 50 Poot lots without side yard variances. According to his calculations, there are on]y 940 square £eet on the first floor of the proposed house. Ms. Schnabel stated they had the option of the petitioner considering reworking his p].sn so they wouldn't need a side ysrd variance. Mr. Perrozzi stated that if he couldn't build the house the way he wanted it� he probab�y would not live in the house. Mr. Barna stated that 22 feet of this lot is actually in the street. There is a zero boulevard. That is not real�y a street� i�t is a dyke. He didn't see a dimension from the front of the house to the curb line. Mr. C].ark stated there would be 32 feet from the £ront of the house to the bituminoua surface. M(Y.CION by Ms. Gabel� seconded by Mr. Barna to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHIdAABEL DECLARED Ti� Pi]BLIQ HEA��NG CLOSED AT 10:05 P.M. Ms, Schnabel stated that she would to re�ind the Commissioners that the two questions they k�ave been asked is to consider the reduction of the square footage oP the lot and the side yard setback. In terms of the side yard setback, tae have asked the petitioner ii he would be willin� to turn the house in order to gain an additional 4 Peet and he has said that he felt that would hinder his sight in terms of the lot and would create some diif3culties in terms of entrance to the house. The second point was if he would consider reworking this floor plan and he indicated that he would not be in iavor of that because this was the house that he wished to build for himself and his family and if he had to redraw he would probably be faced with putting up a total�y different structure in which case he probably wouldn't live there. In terms of the lot size� they were faced with a lot that was platted and sold as a 50 foot wide lot and was substandard or less than code. It is a land locked piece of la�d and there is no additional land available to enlarge it. This sucmnarizes the two points we have to deal with. Ms. Gabel stated that in terms oP the two variances� the 7500 £oot reduction is not unusual in that area. There are a large number of homes built on 50 foot lots in that area and we rather consistently grant variances in that area to allow building on 50 foot lots. As far as the side yard variance gces� it wotil.d still meet the intent of the building code in terms of keeping 6 feet between the structures. She understood the objections of these people and that there were used to the open space and using this lot to drain their water and if it is built on they wi]1 have to find a wqy to drain their own �rater. She felt that if someone buys a piece of property they have a right to develop it. She wished she knew more about the aewer problem. APPEALS COhII�ffSSION MEETING= MAY 15, 1979 PAGE 19 zoa Mr. Barna stated that basically they were talking about an 822 foot level drop down to where the sewer pipe is. The river right now is at about 810 feet. It was up about 816 Feet in the last three weeks. Normally.when the river comes up the people in this area k�ave quite a bit of problems with ground water backin� up into the sewer pipes snd causing back pressure up in their basements. Most of them have installed pressure locks and this type of thing. Thera are quite a few homes in that arer� that consistently hsve sewer back up problems. This ground sits sbout 20 or 30 feet below East River Road which creates the additional problem of pumping that sewage up to that level and then out. They have quite a bit oP sewer problems. The pumping station is at Apex and 79th, Ms. Schnabel stated she would be more comPortable if the Engineering Department had given them more input regarding this and maybe that should be done before the Planning Commission meets. Mr. Clark stated that from their standpoint, the addition of one or two or even ten houses into this system is not going to make ar�y difference in the back up problems that some of these people are experiencing. What they are experiencing is high ground water and that water infiltrating into the sewer which is a much higher volume than the discharge Prom eight or ten houses. Mr. Barna stated that he has consistenly voted in faver of allowing building on 50 foot lots in this area. But there are no houses on 50 foot lots on River View Terrace Yacing the river. This would be the first. Also� ne stated it was possible to put a large, nice looking home on a 50 foot lot without side yard variances and without building within 9 Peet of a neighbor's garage. He would consider that this house width in this area and on a 50 foot lot� much too wide in his opi.nion, Mr. Plemel stated that he was not sure the City would de�}r the variance to build on a 50 foot lot or if it would stand up in court because the precedent has been set ma�y times over in the River View Heights area. Because oP the neighborhood objection and because there was no hardship given he would recommend they disal].ow the variance on the side yard. � MOTION by Mr. Plemel, seconded by Mr. Barna, to recommend to Council approval of the request for the variance to Chapter 205 of the Fridley City Code� to reduce tha sqvare footage requirement of a loi, recorded before December 29„ 1955 from 7500 square feet to 5989 square feet, and further to reco�end to Council the request to reduce the s3de yard setback requirement on the living side of the house from 10 feet to 5 feet to allow the construction o� a new dwelling at 8181 RiverView Terrace N.E. be denied. Ms. Schnabel stated the motion was to reco�end approval of the lot size reduction and reco�end denial of the request for a side yard setback. She called for further discussion. Ms. Gabel stated she was not quite clear on wk�y they should deny the variance for the side yard setback. APPEALS COMMISSION MELTING, MAY 1�1979 p�E � 2 RR Mr..Plemel stated that in order'to grant a variunce a hardehip should be stated. Ms. Gabel stated that whoever accepts these aware ey nee to ve a hardship sta make the Mr. Plemel stated that his second reason was because oP the neighborhood objectiort to the close�proximity to the buildings to the south. Ms. Schnabel stated they should ask the petitioner w]�at his specific hardship is? Mr. Perrozzi stated that it was to utilize the lot to it's best potential. Putting in a smaller home would add to the degeneration oP the neighborhood. He could build e smaller home but he would not want to live in it. Ms. Gabel stated that she didn't totally agree with Mr, Plemel's motion. She agrees with reducing the square footage but not with de�ying the side yard setback. We have done that consistently. Mr. Plemel stated that he felt a compromi.se would be in order because of the neighborhood objection. Ms. Schnabel stated that Nm. IClingbeil had stated that he did not see any real problem with a house going in and that he did not have any real problem in terms of the side yard setbacks. His biggest concern was damage to his foundation from ' the power driven piles. The neighbor on the south side was apparently concerned with it being 5 feet off the property line, The problem is to find a happy median. UPON A VOICE VOTE, MR, PI�F;MEL, N'�S, GABEL AND I�. BARNA VOTING AYE� P,ND MS, SCHNABEL VOTING NAY� CHATRWOMAN SCHNABEL DECI�AR�D THE MOTION CARRIED 3 to 1. Ms. Schnabel inPormed the petitioner that the minutes of this meeting would go to the Planning Commission and the Planning Commission will send their reco�endation on the Special Use Permit along with the recoffiaendation from this Board to the City Council. City Council will make the fina], decision. �F• OTI�R BUSINESS: Mr. Barna stated that when the meetings are held in the Co�unity Room there is difficulty in maintaining control and reco�uends that the Court Room be used for fu�ure meetings of the Board of Appeals. MOTION by Ms, Gabel, seconded by Mr. Barx�a� to adjourn the Mqy 15� 1979 meeting of the Appeals Co�i.ssion. UPON A VOICE VOTE� pLL VOTING AYE� CHAIRWOMAN SCANAREL DECLARED THE MEETING ADJOiktNED AT 10:30 P,M. Respectful�y S�bmitted: `� � 1 %r�,. Katk�y Sheltou� ecordisg ec�- retary .= � CATV C0:4fdISSI0IJ 'QEGTINC M ay_� �__1972 CALL TO ORDER Chairperson Kaspszak called i;he meeting to order at �i40 P.i�(, ROLL CALL MEi�IBERS PRESr.NT� �d Kaspszak, Burt Weaver, Harold Belgum, Larry ClievaZier, Carolynn Blanding I�fE'flBERS ABSENT s OTIiER PRESiNT: None Blake Balzart Clyde f�loravetz Anne Davis, �riCCB APPROVS CATV CO?:T37ISSION_ufINUTES: John Eddy, GTV Cable Tom StarY., GTV -- MOTION was made by;�7r. 6Veaver, seconded by t'�r. Belgum to approve the P�farch 7th minutes. Upon a voice vote, all voting aye, the notion to approve the minutes of '�farch 7th were approved unanimously. MOTION was made by 1Tr. Belgum to approve the April 2�th minutes. i�iotion v�as seconded by '�ir. Weaver. Upon a voice vote, all voting aye, the;April 25th minutes were approved unanimously. 1. ELECTION OF_CHAIRPERSON FOR CATV_CO;diYISSION "?fOTION.was made by PAr. Weaver that i�r. KaspUzak be elected for another term. A7otion was seconded by:�Tr. Belgum, with the question to Mr. Kaspszak to make a statement first on his position for gaining funding, and time for local access programming, and a coordinator.. ' Mr. Kaspszak stated that at this time he would decline to make a statement, because his position would be brought out under item #4 on the agenda. Mr. Weaver stated that he would like to withdraw his PZotion, and asked that the Election of Cha'irperson be put after item #4 on this evenings agenda. �i � �?a�e 2 CATV CommiUsion ;t7eetiri� MaY 9,L147Q 3A 2. UPDflT� FROiN �NR. EDDY 01V CABLE OPERATIONS Mr. Eddy stated that they have another promotion scheduled to . come out the 1st of June. About four para�raphs of the pro- motion will be dedicated to discussing the �.ecess issue, and will invite people to come into the studio to make programs. This promotion literature will be sent to every citizen of Fridley, he stated. Pdr. Eddy stated that since i�ay lst, they have taken in an additional twenty-six subscribers. i�ir. Eddy further stated that after discussion with Mr. Balzart, and Mr. Stark, they had decided that they would process the program applicants, on a first come first serve basis. He then stated that there would be no charge to the applicants for programming, and that the studio would now be available during normal business hours, and if demand dici;ates, they would make more time available. :�r. Eddy stated that the first program scheduled to be taped in color is being produced by D1r. Balzart. The taping..:of this shovr is scheduled for CQay. 16th, and will be shown i�fay 21st, at 6s30 1'.i�d. and additionally during the day. Mr. Eddy stated that at this time, the black and white studio was working, but t11at they still weren't up to their standards, so that they are replacing two black and white cameras with two color cameras, but, P�Ir. Eddy, did not want to estimate when the new equipment would arrive. He further stated that the color studio is partially working, and that they can malce color record- ings at this time. Mr. Eddy wanted to introduce �[r. Tom Stark at this time. Mr. Eddy stated that Mr. Stark would be working in the studio with the Fridley citizens to develop access programs. i�1r. Stark also would be conducting workshops, processing requests and scheduling the programs for playback. i�r. Eddy further stated that:�7r. Stark has been primarily involved in getting things back together in the studio into operating condition. ;rir. Eddy stated that they are now in the position to be able to make programs. Mr. Eddy stated, that when they have reached their poter�tial Mr. Stark will be REGULAk h1ECTING - JUIE 4, 1979 - 7:i0 P, �q.. UGE OF ALL[GIN�CE: 'ROVl1L OF MINUTES: BOARD OF REVIEW I'�EETING. FiAY lU, 1975 PUBLIC HEARING i1EETING� MAY lA, 1979 SPECIAL I�EETING, MAY iS, 1919 CONTINUED BOARD OF REVIEW, FiAY�Zl, 1919 REGULAR P9EE71NG, (MY Z1, 1979 OF AGEPI�A: f• EY fORUin, VISITORS: (CONSIDERATION OF ITEMS NOT ON AGENOA - IS MINUTES) BUSINESS: IVING REPORi REGAROING CONVER71tIG EXiSTING iOIISES 1NT0 LONUOMINIUMS 4. Rezonin9 Requcsl. ZOA $79-04,� by Graves Co. pg , ZT (5701 University Avenur.). . � • •d 2DD - 2EE C.C. Itecovunrntlatfon: Approval with sNpulatluns LounCil�ACLion�T.nquired: Set Public Hearing for JuIY l6, 1979 . v 5. Vacation Request, SAY 579-02. C1ty of Fridley (UniversSty Service Road). . . . . . 2U P.C. Recommendation: ApDroval of request . & 2FF - 2GG Council Action ReQUired: Set Public Nearing for JuIY IG. 7979 ' . 6. Appeats Commisston Minutes of May 15, 1979 Item--- Variance Request by Joseph 1'errozzi (8187 Riverview ierrace). . . . ,2NH - 2RR . Appeals Comn. Recurmendation: Approvai of lot size re0uction�anA deniai.for reduction of si6e yard setback Council Action Required: Consideration of recomnenda- � tion RECEIVING THE CABLE TELEVISION LOI4MISSION MINUTES OF' Itav 9. 1979, .. � . . � � . . � . . . . . . . � � . � � . 3 . CONSIDERATION OF EXECUTING GRANT AGREEMENT WITH P�ETRO COUNCIL FOR NORTH�PARK VISITATION CENTER GRANT. ..,,,, G � i � ANU NSIDERATION OF APPROVAL OF FI�AL PLAT AND VARIANCL, Y PARK. RLVIN NITSCHKE. EGGI-%1-$I MAIN STREET� � ABLED $/ZL/I9). . . � . � . . . . . . . . . . . � � . . 1 BUSINESS: LEIVING THE PLANNING COMMISSfON MINUTES OF MkY Z3, 1919.� Z Rezoniny Requcst. Z6ll P)9-02. by Hilliam J. Hart (6131 HighHay 465). . , 2 - 2E - P.L. Recoimiendation: Denial of request 8 2X - 2Y Council Action Reauired: Set public hearing for Juty 76, 1979 (Request for Special Use Peraiit, SV /79-04� by Joseph Perrozzi (8161 Riverview Terrace). . 2E - 2L P.C. Recommcndution: Approval of request E 22 - 2AA touncil Rct_ipn'Neautred: Consideration of recap- nendation IRequest for Spedal Use Permit. SP /79.05,.by James � Larson (6740 - 4th Strect). . 2L - 20 P.C. Recwnkndation: hpproval of request L 2BB - 2CL [o_nctl Action keoutreC: ConsideraNOn of recan- nenda[ton CONSIDERATtON�OF EXECUTING CONTRACT W1T11 ARCHITECT FOR NORTH PARK VISITATION CENTER. , . , , , , , , , � � � � 5 CONSIDERATION OF SIIADE TREE DISEASE CONTROL PROGRAM F o R 19 7 9 , . . � . , , . . , . . . � . , . . . , . . . . , . 6 ! CONSIDERATION OF RESOLUTiON RECEIVING PRELIMINhRY REPORT AND AUTfI0R121NG E1(ECUTION OF AGREEMENT TO WAIYE A PUBLIC fIEARING ON THE MATTER OF Tf1E LONSTRUCTION OF CERiAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1919-1� - ADOENDUM Nl. � . . . . � . . � . � . . � � . . . . � . . % (nN51�GftAT10N OF A RESOLUTION OROERING IMPROVEM[NT AND ��ilJn� �LANS ANU SPECIFlCAT101JS AND ESTIMATES OF COSTS �k1&REOF: $TREET Ir�raoveMEUr PaaecT ST. 1979-1. �yENO�Miri,,,,,,,,,,,,,,,,,,,,,,, 8 EOHSIDERATION OF A R[SOLUT[ON ORDERING IIIPROVEMENT� - �YPROVAL OF PLANS AYO�AUTHORIZING E%ECUT104 OP CONTRACT '.tTN Ii.D.II�. INC.. I9I9 STNEET IMPROVEMENT CONTRACTOR. i�AR STREET IMPROVEMENT�PROJECT ST. 1979-1� AUDENDUI9 HL .�9 �DNSIDERATION UF A RESOLUTIDN RECEIVING THE PRELIM1NhRY �EPORT AN➢ AU7HORIZING EXECU710N Of AGREENENT TO {v�AIVE A PUBL[C HEARING ON THE MATTER OP CONSTROCTION 0� CERTAIN IMPROVEMENTS: WATER, $ANITARY SEWER AND STORM lO SEWER IMPROVEMENT PROJECT N0� I?%� . � � . • � • • • � � �NSIOFRATION OF A RESOLUTION ORDERING IMPROVEIIENTS tN0 FINAL�PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS �HEREOF: VIATER. SANITARY SEWER AND STORM SEWER PROJECT ' 11 a0. IP%� � .� � . � . . . . � � � . � . � � � � . � � . CONSIDGRATION OF A RESOLUTION OROERING IMPROV[MENT. APPROVAL CF PLANS AND /L7D1NG PROPERTY IMPFOVEMENT � DRTO FXISTfNG $TREET IMPROVEMENT PROJECT ST. 1979-1 (CItANGE ORDER �IO, 1). � . . . . . . . ... � . � . � . _ •S� CECEIV[NG BIDS AND ORDERING CON7RACT FOR $TREET SMPROYEMENT PROJECi ST. 1979-10 (Sen� COAT)� . . . . . . . S3 �ains ........................... .14 ......................... 15 �ICENSES. � . . . � . . . . . � . . . . . . . .. . . . � ifi pGDR00K NATURE CENTER FOUNDATION:� PROGRESS REPORT 19 7 8 , . , . , � . . . . . . . . . . . . . � . . , . U .'j�a e 3 CATV Commission Pdeetin� MaY 9, 1979 i ariswering the phones, and the questions of individual� who request time for access pro�rammin�. Mr. L'ddy further stated that Mr. Stark would also be working with the AnoY.a County i9orkshop, and would be generally made available to the people of Fridley who have questions or need he1p. Mr. Belgum questioned Mr. Eddy on what would be Mr. Stark's limitations7 � �flr. Eddy stated that Mr. 5tark is restric�ed in the amount of time he can be away from the studio, in as much as he could not go out and talk to community groups, nor could he write grants, such as an Access coordinat�r could and would do. AZr. Moravetz interjected that regarding the first come first serve basis, what was brought out at the N.F.L.C.P. Regional meeting this last weekend, was that some access centers in the region have had problems with �his in that they felt that the ones that used the access most, were the ones that did not need to use access. But, he felt that this may be the best method to use initial 1y, but, that this should be thought about in the future if it becomes a.prob].em. �r. Eddy stated that if it did come to a.point in time, where an individual or group was monopolizing the access, something then wauld have to be done to limit it. �4r. Eddy stated that he had talked with a�r. Walstead, who is involved in building the midrise at Village Green. hYr. Walstead was to check with his finance director on the possibility of providing service to the residents there. D4r. Eddy stated that he was not to optimistic, in that the project is subsidized by the government, and that there is not much flexibility in what they could charge their residents. hlr. Moravetz elaborated on the Village Green complex. He stated that at one time it was owned by an individual named Rydell, who sold it to an individual named Fred ldall, who then went into partnership with Canadian Finance. Canadian Finance, he explained was resgonsible for the apartments, and the mid�ise ,Pa�o 4 CATV Commission Meeti.n� MaY 9, 1979 .. in the Alice Wall addition. He stated that some of the lots though are owned by Rodney Billman. Mr. Kaspszak stated that he felt they should check into who ovms and is building the Village Green midrise, �o that they would know who they are dealing v�ith. Ms. BZanding questioned if it would be possible to have a pro- gram that she would be attending at a Glontessori sch�ol taped? Mr. Eddy stated that there is a black and white porta-pack available. Mr. VJeaver questioned P�r. Eddy for any ideas on how it would be possible if at a11, ta tie into the Fridley school system, as he understood that they have a video tape library, and equipment7 Mr. Eddy stated that earlier in the week he had a tour group from the industrial arts class of the high Uchool thru the studio. Mr. Eddy stated that after the tour, he told the group about the Cable operation, and suggested to them that if anyone was incer- ested in an internship that they should contact him. Mr. Belgum stated that he felt that Cable TV was coming very fast, and that the children in the school system should be able to learn about it. Mr. '�eaver questioned that maybe the possibility of involving the cable operation into something like what is now the work study progratn thru the school. This would make it possible for the students to work, learn, and experience the Cable TV operation. 3C Mr. Kaspszak stated that he felt that in view of all the budget, financial, and other problems that the school system is experiencing, and because few people understand, or lmow about Access TV, that this would be one of the school's lowest priorities at this time. He suggessted that if the activities such as the pep band, or part of the Senior play were vidio taped and then played back, that this might develop an interest so that soon the students would want to learn more about the Cable operation. �r. Belgum stated that at the U of M. there is a powerYul video tape production class, which teaches people how ta:.use the video Page � CATV Commmission Meetin� MaY 9, 1979 equipment� and portapack „ etc., all of which can be adapted to the Cable TV operation, and production. After discussion on promoting the upcoming rridley Forum program, produced by Mr. Balzart, Mr. Eddy stated that what they would do, would be to have Mayor Nee come in to the studio and tape a promo that could be tacked on before and after the show for further promo use. Mr. Eddy further stated that right now what he could do would be to free up one of their memories on their data channel, and see if they couldn't get it on channel 25 on a regular basis, so that it says something,like this channel now available for public access progratnming, and watch Fridley Forum with the time and date. �. RECEIVE CORRESPONDENCES 3D A. t�ayor Nee 1. Letter to State Senators regarding proposed CATV Regulations (SF 1345 and HP 1307) (5ee Attachement) . 2. Statement to Senate Committee on Gommerce (See Attachement) Mr. Kaspszak questioned Mr. 1Roravetz as to if this hearing had been held? Mr. �oravetz responded that yes but that the i�ayor was not able to get to the floor to make his statement. But, that :�7ayor Nee, followed thru with another correspondence. Mr. iNoravetz further stated that this past weekend at the N.F.L.C.P. regional meeting, the chairman of the MCCB board sounded very optimistic that all these Bills had been killed : for this session. But, after talking with Anne Davis, he stated this afternoon, she .had some caution i.n- this area. ' Ms. Davis then stated that as she understands it, the Senate Commerce Committee has adjourned for this session, but that things could still happen on the Senate fl.00r� and that over in the House. the Bill has been passed out of Committee, and is on General Orders. She stated that the i�1CCB expects that Representative Wilker from hIontivideo to attach as an amendment on that particular Bill when it comes out on to the House iloor. So things can stil7. happen on the House and Senate floors she stated. Pa�e 6 CATV Commission �eetin� �av 9�_ 1979 Regarding the s�tatement to the Senate Committee on Commerce, I�r. Kaspszak asked if the Commission members had read this memo? He stated that this letter would shed some light on this Bill. He further stated that basically it is an effort that is meant to deregula�e the i�ldustry. As a result of that, one of the amendments will decrease the amount of revenue that accrues to the City of Pridley. Mr. Kaspszak stated that for the City of Fridley it is a bad Bill, revenue-wise. i�r. Kaspszak stated that he himself, and also i�r. IIill Nee are against this Bill. Mr. Kaspszak further stated that he has spent time with Udayne Simoneau on writing arguements against this Bill that cvlr. Simoneau could use on the floor when the Bill comes up. Also, he stated, Mr. Nee has given Mr. Simoneau some input. Mr. Kaspszak stated that CZr. Simoneau is not very optimistic though. 3E Mr. Kaspszal: stated that the Companies have an Association of ' which Mr. Greg Gerard is presiden�. It is ��r. Gerard who is spearheading this legislation, a��d that Jim Erickson, who is the legal counsel for Sterer Broadcastin� represents all the Companies, and is a lobbyist for this legislation. �2r. Kaspszak stated tha� he told John Eddy that "if �hey cut that 1� from the City, and that if they want to kill local access, that this is the way to do it." Mr. Kaspszak stated that John Eddy's reply was, "Ed when are you going to get off my back?" �4r. Kaspszalt stated that he responded by saying, "If that Bill passes, maybe never, because you are hurting us." (City of Fridley) t�r. Kaspszak further stated that if they cut out the State Cable Commission, someone like Anne Davis would no longer be here to give the input to the Commission on State, and National events as far as legislation in the industry. Mr. �doravetz stated that he would like the Commission to look at that statement that had been prepared on the �conomic Impact, that this legislation would have on the City. (See Attachement) Mr. Kaspszak then stated that according to this statement, the Commission would get about $5,000.0� and that the City Council had aggreed in January to one of the amendments, that this money would accrue to the Commission to do as it vrill with it. He further 3F stated that it is his feeling that the Commission should use some of that money to promote local access. Mr. Kaspszak then 5tated that at todays going rate, the Commission would have $17,000.00 and that amount would do the job of promoting local access, as the Commission invisions it. He stated that if this Bill is passed, and what the Bill is trying to do, is eliminate 1% of that amount, that would be enough to kill local access. B. t�emo to Cityi�anager Regarding the Proposed Cable Service Territory (CST's). (See Attachment) Mr. Kaspszak apologized to the Commission members for not passing this letter along to all the menibers for their approval, but because of a time element, he stated „ the letter was drafted and sent. He further stated that the City Council did approve the Commission's recommendation on this matter. Mr. Chevalier stated that at this time he agreed with the rec- commendation of the Commission, but that his feeling was, if this • Bill in i:he legislature should pass the City may be without sufficient funds, and might want to l002: to other Cities �to possibly merge. C. Letter from Douglas Hedin Regarding Preemption of Pay Cable Regulations. (See Attachment) , Mr. Kaspszak stated that he felt that this letter from ty4r. Hedin, spoke for itself. 4. Mr. Kaspszak stated that at this time he wouZd like to skip item ,�4, and go on to the other agenda items, because he felt that item �#4 might entail a long discussion, so that it may be better suited as the last order of business. RECEIVE REPORT ON N.F.L.C.P REGIONAL MEETING Mr. Belgum reported to the Commission that in some respects the meeting was so technical that he felt lost. He stated that he was impressed with the fact that there was thi's National Federation of Local Programmers, and he had been unaware of their existence for the year that he has been on the Commission. bir. Belgum .Pa�'e 8 CATV Comm3.s;�ion Meetin� - MaY 9. 1979 hr3ndod out to the Commission members i;he information items that he had received ai; the N.I'.L.C.P. rneetin�. Mr. Belgum stated that he felt, that if there was anywhere to go to learn more about Cable programming, it was Toronto, Canada, which is a very fertile place in regard to what they have,�and are doing with programming. Mr. �loravetz wanted to add, that in Toronto, what.they have done is bring a porta-pack camera out to the public on the street, and let them use it. They tlien can watch the playback as a group in someones home. etc. This gets the group together to watch, and also introduces them to Cable, and involves them in the Access prograrnming. He further stated that in Toronto, they have such a demand, that they are not able to keep up with it. Mr. n�oravetz stated that he felt that in local origination, or public Access,.it was important that it cover all facets of the community. - DZr. ?�oravetz also stated that he had sat in on sessions dealing with Funding. He stai;ed that he has infarmation on how to apply etc, and other information on funding that will be useful when the time presents i.tself. Mr. Belgum questioned what was different about the Canadians in their philosphy, or in the policy of the government to get the enthusiasm that they have behind public interest programming? Mr. �foravetz answered that it wasn't the Cable Companies that generated the enthusiasm, but the public. Mr. Eddy responded also saying, that here in Fridley, there is the opportunity also to do what Toronto has dane, .and he would go on record to say that the Company will be 100� behind the City. 6.. OTHER BUSINESS bYr. Moravetz wanted to state that regarding the rewrite sheets of the 1934 Communioations Act that he had passed out. (See Attachment) He stated that in the last month, three Bills have 3G 1'a�e 9 CATV Commission t+�e�tin� Ma.Y_qt 1979 boen issued Uy the Senate, and the Con�ress in order to rewrite this Act. }ie further stated thst these three Bills diifer, but they have one common factor in that they all de-regulate, and decrease the power of the citizens, to have input ini;o the means and methods of inessage transmissian. These IIills are also based on the idea that the market place would decide the use of technology. . I�9r. Kaspszak stated that since none of the Commission members have had a chance as of yet to read this handout on the 193� Communications Act, that he would suggest that the Commission read it, and if they have any strong f'eelings on it, as he felt that he might, that they should then call a meeting, axid discuss it, and they might also want to notify the Congressmen, and Senators, and that they could do that at a meeting. � u, �Zr. Kaspszak asked if Mr. S�lzart vrould inform the Commission on the first program thai� is novr be3.n� planned and referred to as the Fridley Forum. n'Ir. Balzart stated tha.t they no5v plan to tape the b'ridley Forum program on the Reclamation of :7oore Lake on &Iay 16th. This color program is scheduled for replay ��1ay 21st ai; 6c30 P.P�I., and additionally during �the day. This program is being produced, by himself, and will have councilman Dennis Schneider, and rdr. Vic Stoner as interviewer, and i4:r. Kaspszak as the moderator. Mr. Balzart also stated that they hoped to have someone from the Hichock Association on hand to anstiver questions on the research that this firm had done on the'�,loore Lake reclamation. PJir. Balzart stated that this program should run from fifteen to thirty minutes �:ong. Mr. Balzart stated that he doubted that this could be a weekly program, at this time, because of the time constraints that he is now under. Mr. Kaspszak stated that he hoped to get some Local Access pro- gramming going on a regular basis, so that when the presentation to the Council could be made they would have two or three programs Pa�e 1� CATV Commi.csion �eetin� �_� 9, iQ� to show them the type of programming the Commi�sion is visualizing for the City of Fridley in-terms of Loea7. Access. Mr. Eddy suggessted that they should show some creativity in the programming, and maybe get some community leaders or council people involved firUt hand in the process of programming. �FJ REC�IVF. PROPOS/1L I�ND i�7AKE RGC0:�1i�1LNDATIONS TO CITY COUNCIL REGARDTNG 'J•IORKSHOP'S RE� USST FOR A CITY FUNBED, FULL TIVIE PUBLIC ACCESS COORDINATOR �r. Kaspszak stated that as per the April 2$th minutes in v�hioh the Commission encouraged the An.oka County [�lorkshop to prepare a proposal for funding oi' a iulltirne access coordinator, the Commission had a copy of this proposal before them. (5ee Attech ment). i�lr. Kaspszak stated that Yte had gone over this proposal with :�Ir. Nee, and that ;ti7r. Nee had some suggesstions, �vhich were conveyed to P�Ir. Balzart. is7r. Kaspszak �Ghen asked if t1lr. Balzart tia�ould outline the suggesstions that t+ir. Nee had mafle. P�fr. Bal.zart utated that t.he primary reco.runendation tvas that the IVorkshop establish a budget. he stated that i�7r. Nee alsc suggested that they come up vrith a time frame for the bud�;et. FJIr. Balzart stated that he had talked to t'Qark Scott, and tl�at I�'tr. Scott had suggessted that the budget be set up for a one- year period. He further stated that he and DZr. Scott are now busy drawing up a budget proposal, that would.be submitted to the i�ay 21st City Council flleeting. hqr. Kaspszak suggessted to "+9r. Balzart that they should submit the proposal thru the Commission to the City Council. He also asked if some of the Commission members would be able to help T�lr. Balzart and !°fll�. Scott in preparing a proposal. Mr. , Belc�um, ,!!r. Weaver, and 84s. Blanding volunteered. ATr. Weaver made the stipulation that the meetings be held in iNay, and that they be limited to one and one-half hour. The meeting dates were �set for the following Tuesday evenings, DZay i5, 22, and 29th. Mr. Eddy stated that he would help in the drawing of the proposal if possible. - . 3I Pa e 11 CATV CO"+1;�fISSION MI;ETING MaY Q, 1979 � �3J Mr. Kasp:,zak si;ai:ed that he feli; that vir. Nee also wanted to know the board of direci:ors, and the by-laws of the Anoka County Work- shop, so that the Council could see what the purpose and goals of the Workshop are. Mr. Kaspszak stated that they further feli; that they should find out what er.perience Bloomin�ton has had in terms of their work- shop, and if in fact the City of'Bloomington did allocate money directly to their workshop. �+4r. Chevalier stated that with all the talk about Public Access, and Local Origination, and on trying to bring tkie community into the Cable TV programmming, that i;he Commission has its hands i:ied by being just Commi.ssion members in that not being able to" just get out and get the job done, because most of the members fulltime jobs. P�ir. Chevalier further stated that the resuZt is that the Commission ends up being an a.dvisory commission, or a sort of vaatchdog on how the franchise is ha�ldled for the City o£ Fridley. Pdr. Chevalier stated that he felt that getting a coarciinator was the fir:>t step that the Commission could take to actually get anything off the ground, that the Commission has been tallcing about for a long time. islr. Chevalier stated that if the Commission gave the recommendation to the City, he would approve that they give them a timetable of approximately one year. He further stated that he was not certain that there was a reason to change the name of the workshop at this time, but to �'ind out how the Council felt, and change it if necessary. Mr. Eddy stated that he felt that the City possibly could be able to find someone fresh out of College, that was energetic and committed to the cause of Cable, who:would work for a relatively lower salary. Mr. Eddy stated that what happened in Bloomington, which may not necessarily be the right way for Frid].ey, was that in the beginning, the Bloomington CATV met and realized that they should not delegate responsibility at that time, so that they took it upon themselves to form the Board of Directors of the Video Center right out of the Commission Board so that was a committment on the part of the , �1�e 12 ___ CATV_Commi:�:.ion Meetint; PAaY 9� 1979 CATV Commission right away, and then,they vrrote up their propasal, which was well writi:en, and well thou�;ht out, and written by business men who didn't leave many loopYioZes. nr. �ddy stated that what Bloomington did vras write an actual contract with the City to pro�ram the I'ublic Acces� Channel, of the Bloomington Cable TV 5ystem, in which they stated that if you give us this amount of money, we will do this for you. 1._ELECTION OF GHATRPERSON_FOR_CATV_C0:,1i±1ISSI0N MOTION was made by D7r. Chevalier to re-elect i47r. Kaspszak for another term as Chairperson. Se¢onded by h1r. Weaver, upon a voice vote, all vo�.ing aye, the idotion to re-elect f+2r. Kaspszak as Chairman carried unanimously. f+ir. �ddy asked :y7r. Kaspszak for some statement as to why he did not have the t�vo tier service hooY.ed up that he had requested? P�r. Kaspszak stated that because of the coming summer months, he felt, that he wouldn't be using the service enough to �varrant the insl;allation at this time, but would consider it a.gain in the Fall. MO'PION vras made by D7r. Chevalier to adjourn the meeting. Seconded by G1r. Vdeaver, upon a voice vote, all voting aye, the meeting adjourned at 9i5� P.M. . No date was set for the next meeting. Respectfully submitted, �-�.�.�.� � c,�.� Elaine Reed Recording Seoretary � t� �:��: GRANT QGREEMENT BGTWE6N THE METRQPOI.ITAN COUNCIL AND REGIONAL RECREATION�UPE SPAC� DEVELOPMENT THIS AGREEMENT, entered into this day of June , 1979, by and between the Metropolitan Council, hereinafter referred to as the "Council," and City of FridleV , hereinafter referred to as the "Grantee." WHEREAS, the Council has been authorized by the Metropolitan Parks Act, Minnesota Statutes, Section 473•307 et seq., to make grants—in—aid to eligible governmental units situated wholly or partly within the Metropolitan Area for the purpose of development of regional recreation open space, and WHEREAS, the grantee, an eligible governmental unit, has made preliminary application for such gr�nt—in—aid to accomplish the development of the recreation and open space lands by means of the Projects and within the park areas listed on Exhibit A attached hereto, hereafter collectively referred r,o as the Program, and WHEREAS, the Council has designated the Program as one to be developed for regional recreation use in the Council�s recreation open space policy plan/ development guide and capital improvement program and has authorized that such a grant be made. NOW, THEREFORE, the Council and the Grantee agree as follows: Development Program Documentation. Prior to the disbursement of any grant funds allocated herein, the Grantee shall submit to the Council a Develop,�,ent Program containing project documentation. On the Council's acceptance of such Development Program as satisfactory and complete, said Program shall be incorporated as part of this Agreement and the Grantee shall develop and implement the Program in accord with the pr•ovisions of this Agreement, including the incorporated Program documentation: A development concept identifying general locations of each Project and a description of the improvements contemplated in connection with each project. Tota1 estimated cost of each Project within the Program including all costs and expenditures by the Grantee in connection with development incurred after ._'April 12, 1979 2. Development Policy, In development of recreation open space areas with the grant funds made available hereby, the Grantee agrees to develop the Program in accord with adopted development plans and policy of the Grantee and to accomplish all Program development (or to have entered into unconditional development agreements) within the grant period and in accord with the representations made in the Program documentation. The Grantee agrees to maximize the use of its own personnel and internal services in connection with the administration and accomplishment of the program. In addition, the Grantee agrees to submit to the Council, for its review and comnent, a more detailed description of each project at the conclusion of the schematic design phase and prior to the development of detailed design, drawings and specifications. � . 4 '' _2- 4 !� 3. Authorized Use of Grant Proceeds. It is understood and agreed that the following costs and expenses shall be the only such costs and expenses paid for out of grant proceeds. Costs and expenses to b reimbursed shall additionally be in substantial accord with specifications contained in the Program documentation and other provisions contained herein, and in no event shall the Council's payment for reimbursable costs and expenses exceed the total grant amount. It shall be the joint and several obligation of the Grantee and Council to comply with the restriction's regarding the use of grant proceeds contained in Minnesota Statutes Section y75.65 and Sections 473.301 et seq., and laws incorporated therein. Further, it is understood that it shall be the individual obligation and responsibility of the Grantee to comply with any and all other applicable . laws, regulati.ons, and rules relating to all activities undertaken in connection with the accomplishment of the Program. _ a. The costs of constructing the Projects as described in the Program documentation after Aprll 12, 1979 , and before the expiration of the grant period. b. Other costs necessary,and incident to the development of the above including: Costs of professional, legal, engineering, and architectural consulting services performed by persons or organizations or regular members of the Grantee's staff. The maximum amount of grant funds which nay be expended for such non—constructicn costs and services sha11 be _` 43,8Q0 (12%) 4, Payment of Grant Proceeds. The Council agrees to make available to the Grantee during the period specified herein the total grant amount of k�365.000 for the purpose of accomplishing the Program and �paying the costs and expenses authorized pursuant to Paragraph 3 herein. a. Of the total grant award, the Council shall immediately transfer the amount of $30,000 to the Grantee on the Council's acceptance of the Program documentation, Said amount shall include amounts attributable to eligible development that has previously occurred, and an amount equal to Grantee's estiimated allowable cost expenditures from the comm�ncement of this Agreement through September 30, 1979' b. Thereafter, commencing with OCtober 1, 1979 , grant funds shall be transferred to Grantee on or about the beginning of each calendar quarter on the basis of Crantee's statement of expected allowable costs and expenses (less previously transmitted grant funds on hand). Such statement and the amount shall be subject to review and acceptance by the Council's Executive Director. c. Emergency Funds. Zn the event that the Grantee's allowable costs and expenses will exceed grant funds on hand, the Grantee may request the �immediate transfer ot additional grant funds so long as the same are available within the tota3 grant amount limitation. -3- d. Interest earned on unexpended grant funds by the Grantee shall be used and expended by the Grantee solely on allowable Program costs and expenses. Interest earned shall be computed and considered as part of the total grant amount. The Grantee shall report the amount of such interest earned on each quarterly statement, and the Grantee agrees that it will limit the investment return on such funds in such manner as and if requested so to do by. the Council's Executive Director. 5. Accounting. a. The Grantee agrees to establish a fund for the Program and establish and maintain a separate control account for each Project identified in Exhibit A and to maintain accurate and complete accounts and records relating to the receipt and expenditure of any and all grant funds. Such accounts and records shall be kept and maintained tor a period of at least three (3) years following the expiration of the grant period. b. The above accounts and records of the Grantee shall be audited in the same manner as the other accounts and records of the Grantee and may be audited and/or inspected on Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time following reasonable notification during the grant period and for a period of three (3) years subsequent. 6. Reports. a. Quarterly.. The Grantee shall prepare and submit a Quarterly Progress Report deseribing the financial, eonstruction, and consulting activities undertaken in connection kith each Project. Such ^eport shall contain description of grant funds received and expended, and • statement of the expected allowable costs and expenses to be made during the next quarter and such other information and matters as the Council staff may reasonably request. b. Concl�sion. Within two months following the expiration of the grant period, and also within one month following the completion of any contracted for but incomplete Project activity, the Grantee shall submit a report showing total Program receipts and expenditures by • Project in detail and summarizing all Program activity including improvements completed and%or commenced, and containing an independent audit or a certification by the Grantee's chief Pinancial officer, that all grant funds were expended in accordance with this Agreement. d 4$ _�_ 7. General Conditions. a. Duration. The period of grant award specified herein shall commence on the execution of this Agreement and remain in force and effect until._ April 12 19II2 At that date, all allocated grant funds, which have not been expended or otherwise committed by contract, shall revert to and become a part of the Council's Parks and Open Space Fund and may be reallocated or expended by the CounciZ for other park and open space development and/or acquisition purposes. b. Consultation. The Grantee agrees to specifically review and solicit recommendations and advice from the Council staff if and when it expeets bhat the following will or may occur: il) It appears that a specific project will cost in excess of the estimated cost established for that Project in Program documentation. (2) Total Program cost will exceed the total grant award, (3) If the Grantee expects to have on hand at the end of the grant period, more than 15 percent of the total grant amount. c. Regional Use. The Grantee agrees that all completed grant projects will be developed and used for .^egion2l recreation open space ar.d park purposes in accord with the provisions contained in its currently adopted and approved master plan, and that it will not adopt rules, � procedures or restrictions, hindering or affecting regional use of project facilities and improvements without the express written consent of the Council, either during the grant period or i'or a period of twenty (20) years following. d. Rights Reserved. In the event that the Council finds that there has been a failure to comply with the provisions of this Agreement, the Council reserves the righL to take any and all action that it deems necessary or appropriate to protect the interests of the Council. e, Changes. In the event that the Grantee, for any reason, determines that a Project should not be undertaken or that there shou2d be a substantial change in the scope or costs of any Project, the Grantee shall submit a statement describing this situation and.giving reasons for its determination to the Council Executive Director. In addition, the Grantee may simultaneously or within a reasonable time following the submission of such a statement, recommend alternative projects, activities uses, expenditures or allocations of the grant funds. The Executive Director may immediately approve such recommendation if in accord with the adopted Recreation Open Space Development Guide/Policy Plan, or he may, within ten (10) days.following the receipt of the recommendation, forward that recommendation to the Metropolitan Parks and Open Space Commission and Metropolitan Council. If forwarded, the Metropolitan Parks and Open Space Commission and the Council shall 4C -s- thereafter, and within a perio<i not to exceed thirty (30) days review said recommendation and approve or disapprove said recommendation by resolution in accord with established Council procedure. Further, it is understood and agreed that the Council in making this determination shall give full regard to legislative determination concerning development funding and to the general position that the total grant award herein should ultimately be made availale to the Grantee for development. f. Amendments. The terms of this Agreement may be changed or modified by mutual agreement of the parties hereto. Such changes or modifications shall be effective only on execution of written amendment(s) signed by the authorized representatives of the Council and the Grantee. g. Affirmative Action. The Grantee agrees to comply with all applicable laws, rules, and regulations relating to non—discrimination, affirmative action and public purchase, involvement and use. In particular, the Grantee agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin, and to take affirmative action to assure that applicants and employees are treated equally wth respect to the following: employment, upgrading, demotion, transfer, recruitm?nt, layoff, termination, rates of pay, and other forms of compensation, and selection for training. In addition, the Grantee agrees to provide binding affirmative action and equal employment provisions in any contract it enters into involving the provision of work or services which will be paid for in whole or in part out of the grant proceeds. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. METROPOLITAN COUNCIL Its qD EXHIBIT A. �F The contract agreement for $365,0000.00 between the City of Fridley and the Metropolitan Council shall include the folloy�ing items' in the Exhibit A: 1. Visitor Center Building (approximately 4500 square feet) 2. Parking lot development - expansion of existing facility by 40 additional stalls to a total of 55 stalls 3. Trail Development - approximately 4500 linear feet of new trail 4. Planting - this includes planting necessary to minimize disruption of construction and perimeter planting. Site plans, when completed, shall be park of this exhibit. � i `� ±� THE AMERICAN INSTITUTE OF ARCHITECTS . ..� �� ",i � e, �r, ; <; � � J�,�,�9 / : �i � JI_ f a f Y F �`. -� .`'. . .:., -�- 3;,`'� ' AfA Document 9f 41 � �� s -�1 r ", �,. � F ,� .w. �. ,y . a � -�� . -. �� ^ :: yr: � �� 7NI5 DOCUMEM' HAf tMPURiAM lEGAL CONSEQUfNCfS; CONSUiTA710N WfTH M! ATTORNEY 7S fNCOURAGED W17H fiESPECT TO 175 COMP[ETION OR MODOFIGTION ElGREEMEMT made this thirtieth day of May t'=; Hundrec�and seventy nine. (May 30, 1979) BfTVYEEN the Owner: The city of Fridley . � BIICJ 1�18 APCFIIE@Ct: Design Consortium Inc. For the following Froject: Unctude debiSed detcripGon of Projett IoUlion and scope) The Springbrook Nature Center� Fridley, Minnesota in the year of Nineteen Total cost, including Architectural Fees, not to exceed .a300,000.00. �;, The Owner and the ^rchited agree as set forth below. AIA UOCWNF�NT Elal • 01YNER�ARY,HIi[CT AGREEMENT • �ANUARV i'97� f�IT10N • AIAm • m9g)1 TNE AMERIC�N INSTITUTE OF ARCHIlECiS, 77J5 NCW YORK AVE., N.W., WASNINGTON, O.C. IQ006 i ._ ' �.� ■ . ._. PERCENTAGE OF CONSTRU�IION COST L THE ARCHITECT sh�ll provide profession�l services fur �he Projett jn accordance with tht Trrms and Condi�ions of this Agreemoni. 11. THE OWNf.R shall compensalt Ihe Archi�ecl, in accordance with the Terms ,�nd Conditions of Ihis A6rcement. A. fOR B�tSfC SERVICfS, as descrilxd in Par:�raph t.l, Ba+ic Compensaticx� shall be computrd on the batis o( oae of the fullowing PERCENfAC.ES Oi CONSTRUC710N COST, �s dc6ned in /lrudc l, for porlions o! Ihe Project to be awarded unAcr A Sinqk S�ipuhled $um Canhuction Conuact Sepanre S�ipulated $um Comlruction Conlract� A Single Cost Plus Fee Consiruuion Con�ract eleven Sepanle CoN Plw Fee Con;truction Comrac�s percent ( �..1 percml f 7f.1 percent f 11 X1 v�.�M� c x � f. iOR .tDDF110N.1L Sfi@VKfS, as described in Parasrsph 13, compenulion con+puteA x foilows: 1. Principals' t'rme at 16�e fixed rale ol thirty-seven dpllsn (f37.OQ �y �r. For the purpose oi tAis Agreemmt, the Peirtcipals are: Damon Farber James Geisler Sanford Stein Timothy McCoy 2. Employecs' lime lother ihan Pnnc�palsl at a mvhiple of � ( 2.5 1 times Ihe employees' Oircct Personnel Ecpenu as deGnccl�in Arlide i. 3. Services o( Pro(essio�al amsuh�ms at cost. C. AN JNlTIAL PAYMENT ot �. None sha�l Ix madc u dollan fS -0-. pon the e�ecuiiun o( Ih�s Agreement and credilecl to Ihe ON-ncr's accounl. D. fOR Rf(MBURSABLf EXPENSES, amounts tKpended as de(intd in �hrlide 5. IfL THE OWNER AND ARCHI7ECT agree in accordanrc with 1he Terms and Condilions of ihis Adree- ment that: A. !F SCOiE of the Project is changed male�i�lly, ceHnpensation shail be subject to rcnegotiatiex�, B. ff 7HE SfRV10E5 covered by �his AR.eement ha�e not becn completed wiihin I lg 1 mnolhs o.! thr date herrof, Ihe amnunt� 01 compen�ation, rates and mulbplrti tirl Inrth in F�raguph �! shall Ix� {UI)�p(I 10 tMCRO1IJ�NM. AIA OOCUMWT �U1 . pWN(R�ARCHI7fC1 AGRfIMINf • �ANUA4Y.ri7{ tb1TIlN1 • AIAe • 0197� 1NI AMfR�CAN INSIITUf( D( AR(HI1[CTS, 1715 NI1Y Vf111K AVE., NN'., WASNtIe6Tt1N, D.C. :IXMl6 = - �� TERMS AND CONDITIONS Of AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICIE t ARCHITECT'S SERVICES 1,1 �ASIC SERVICES The Architect's Basic Services mnsist of Ihe five phases destribed bclow and indude normal sUuc- tural, mechanical and elect�ical engineering urvices and any other services induded in Artide 14 as Basic Services. SCHEMATIC DESIGN /H�Sf 1.1.1 Tbe ArchitPct shall review the program tumished by the Owner to asceruin the requirements of ihe Project and shall tonfirm sucb requiremenls to the Owner. 7.1.2 Based on the mWUally agreed upon program, ihe Architecl shaH prcpare $chematic Oesign SWdicx cons�st- ing of drawings and nlher documenls i1luslraling the scale and relationship ol Project components tor ap- provai by the Owner. 7J.3 The Architect shall submit to the Owner a St�te- ment of Probable Construction Cost based on current are�, voiume or other unit costs. DESIGN DEVELOPMEM fHASE ` 1.1.4 The Architect shall prepare (rom �he approved `�_ % Schematic Design Studies, for approval by the Owner, Ihe Desigo Development Documents consislinF; o( drawings and other documeots to (ix and describe the size and character of the entire Project as to structural, mechani- cal and electrical systems, malerials and such nther essen- tials as may be appropriate. 1JS The Architect shall submit to the Owner a furlher Statement of Probable Conslruction Cost. CONSTRUCT�ON DOCUMENTS PHASE 7Jb The Archilect shali prepue from ihe approved Design Development Documents, for approval by the Owner, Orawings and Specifications setting (orth in detail the requirements for the conslruction of the emire Project induding the necessary bidding informalion, and shall assist in the preparation of biddiog torms, Ihe Con- ditions of the Co�V�ct, anA the form of Agreemen[ between the Owner and ihe Contractor. 1.1.7 The Architecl sha�l advix the Owner o( any adjustments to previouc Statemenls oI Probable Con- stru[tion Cost indicaled by thanges in requirements or general market conditio�s. ' 1J.8 The Architect sha�i usist the Owner in filing the ''required documents for the approval of qovernmenlal .�.�uthorities havin6 jurisdiclion over Ihe Project. fIDDING O[ NEGOTIATION PHASE 1.1.! 7he nrchitect, (ollowing the Owner's apprnval o( ihe Construction Documents and of Ihe latest Slatement of Prubable Conslruction Cost, shall assist the Owncr in obtaining bids ot ncgWiated proposals, and in awarding and prrparing conslruction contncls. CONSTRUCIION �41ASE—AOMINISStATION Of )HE CONSTRUCTION CQNTRACT 1.1.10 The Constroction Phase wiil commence wilh the award of the Construction Contract and will tcrminale when Ihe finai Certificate for Payment is issued io the Owner. /.1.11 The A�chilect shall provide Administiation of �he Construction Conlract as set (orth in AU Document A201, General Condilions of the Conlrad for Construa tion, and the ezlent of hit duties aod respomibili�ies and ihe limitations of his authority as assigned thercunder shall not be modi(icd without his written consent. 1.1.12 The Architect, as the representative of the Owne� durinq the Construction Phase, shall advise and consult with Ihe Owner and all of the Owner's instructions to Ihe Contractor tha�l be issued through the Archited. The Architec� shall have aWhoriry to act on behalt ef the Owner lo the extent pwvided in dhe Ge�eral Conditions unless otherwise modified in writing. 1.7.13 The Architect shall at afl times have access to the Work wherever it is in preparation or progress. 7.1.14 The Archilect shall make periodic visits lo the site to (amil�arize himsclf generally with the progress and quality oF ihe Work and to determinc in general if the ' Work is proceeding in accordance with Ihe Contnct Documents. On the basis of his on•site ohscrvations as an architect, he shall endeavor to gwrd lhe A�vner against defeus and de(iciencies in the Work o( the Con- traclor. The Archited shail not be required ro make exhaustive or continuous ornsile inspections to check the quality ot quaMiry o( d�c Wock. The Architect sh�li not be responsible for construction means, methods, •tech- niques, seque�ces or procedures, o� for safery prccautions and prog�ams in conneciio� wilh the Work, and he shall noi be responcible for the Contraclor's (ailure to carry out Ihe Work in acwrdartce with the Contrad Documents. 1J.75 Based on such obsemtions at the site and on Ihe Conlractor's Appiicalions for Payment, the Architect shall delermine thc amount owing ro the Contractor and shall issue Certi(icales (or Payment in such amounts. The issuance o( a Certificale (or P�yment shall constitute a rcpresemation by the Archilect to Ihe Owner, based on Ihe ArchitecYs observations at the sile as provided in Subparagraph 1J.14 and the data comprising Ihe Appli- a�ion (or Payment, that �he Work has proqressed ro the point indiated; that to the hest of the Architect's knowl- edge, information and beliel, Ihe qwlity o( thc Work is in attordance with tbe Conlreci Documents Isubject �o an evaluation of the Work for contormance with the Conlract �Documents upon Subst�n�ial Compleiion, to tht resulis of a�y subsequcnt �ests required by Ihc CoMract AU �OCUMENT BU1 • OWNER�i.HC111T(CT �GeEEM[N1 • IANWNY 1471 [DITI04 • AIA*S • N197{ TNE AMERICAN INSTITUTE nf ARCHITCCTS, 1715 Nf1V Y(7NK AVf., N.IY., WASHINGTON, D.G :0006 � Documents, to minor devialions from the Contracl Docu• ments correctable prior ro complelion, and to any specific qualifica�ions stated in ihe Cerlifinte for Paymentl; 5nd Ihat the Contractor is enliUed to paymenl in ihe amoun� urlified.�8y issuinq a Certificate for Paymenl, the Archi- lect shall not be deemcd to represent ihat hc has made any examination io ascertain how and for what purpose the Contractor has used the moneys paid on account of the Comract Sum. . 1J.16 The Archited shall be, in Ihe first instance, the interpreter of the requirements of Ihe Conlract Docu- ments and Ihe impartial judge of the per(ormance ihere- under by hoth the Owner and Contractor. The Aichited shall make decisions on all daims of the Owner or Con- tnctor relating to the execution and progress of the Work and on all other matters or questions related thereto. The Archited's decisions in matten relating to arlistic effect shall be final if consistenl with the intent of the Contract Documents. 1.1.17 The Architett shali have authority to rejed Work which dces not con(orm l0 1he Contract Documents. Whenever, in his reasonable opinion, he considers it nec- essary or advisable lo insure the proper implementation of the intent of the Contract Documenis, he will have authocity to require special inspedion or lesling of any Work in accordaace with Ihe provisions of the Contrad Documents wheiher or not such Work be Ihen fabricated, installed oi. compleled. 1.7.16 The Architect shall review and approve shnp drawings, samples, and o�her submissions of ihe Conlraa tor only for conformance with the design concept of ihe '� Project and for compliance with the inlormaiion given s in lhe ContracP Documents. 1.1.19 7he Architect shall prepare Ciiange Orders. 1.1.20 The Architecl shall conduct inspedions to de- termine the Dates of Substantial Completion and (inal compietion, shall receive and review written guarantees and related documents issembled by the Cnntractor, anJ shatl issue a final Certificale for Payment. 1.�.21 The Architect shali not be responsible for Ihe atts or omissions o( 1he Contractor, or any Suhcontrac- tors, or any of �hc Contnctor's or Subcontractori agents or employees, or any other persons pertorming any of the Wnrk. �,Z PROIECT RFPRESENTA710N lEYOND BASIC SERVICES 1.2.t It more extensive repmsenta�ion at thc site than is described under Subparag�aphs 1.7.10 Ihrough 1.121 inclusive is required, and i( the Owner and Architect agree, Ihe Architec[ shall piovide one or morc Ful6Time Project Representalives to assist the Architect. 1.1.2 Such Full-Time Prnject Reprcsentaliv�s tihall br. selected, employed and direc:ird by Ihe �rchiied, and the Architect sh�ll be compensated therelor as mutually ' agreed between the Owner and the �rchilect as cet lorth ,�. �in, an exhibit appended to this Agreemenl. 1.2.3 Thc dutics, rcxponsi6tlilics and limila�iuns nf au- 'tkority of such full-Iimc Projccl Rcprescnlatrvr� shall Ix sel (orth in an exhibit appended lo this Agrecmznt. 1.2.4 Thiough thc on-sile ubservations by Full-Time ProjcU 4aoresentatives of �he Work in progress, the Ar- ch�iect shall endeavor lo provide further protection (or thc Owner against defects in Ihe Work, but Ihe (urnish- ing of wch project representalion shall not make Ihe Aichitect responsible for construdion means, melhods, techniques, sequences or procedures, or (or safety pre- caulions and programs, or for Ihe Contraclor's lailure to perform the Work in accordance wiih the Contrad Documents. �,j AOOITIONAL SERVICES The following $ervices shall be provided when au- thorized in writing by ihe Owner, and they shall be paid (or hy Ihe Owner as hereiobe(ore prrn•idcd. /.�.1 Providing analyses vf �he Owner's nceds, and pro- gramming the rrquiremems of the Project. 7.3.2 Providing (inancial feasibility or other special swdies. 73.3 Providing planning survcys, site evalualions, envi- ronmental studies or cvmparative studies of prospeclive sites. 1.�.4 Providing design services rclative to future facili- ties, systems and equipment which are not intended to be wnslructed as part of the Project. 1.3.5 Providing services to investiga�e existing condi- Iions or f�cilitics or to make measured drawings thereof, or to verify the accuracy of drawings or olher in(orma- lion furnished by the Owner. 1.3.6 Preparing documents (or ahernate bids or out-of- sequence services requested by Ihe Owner. 1.3.7 Froviding Delailed Estimates of Construction Cosl � or detailed quantiry survcys or inventorics of malc�ial, equipment and labor. t.3.e Providing imerior design and olher sen�ices rc- quired for or in connedion wilh Ihe selection of fumi- ture and furnishings. 1.3.9 Providing scrvices (or planning �enant or renlal spaces. 73.50 Making revisions in Dnwings, Specificalions or other documents when such revisions are inconsistent with writlen approvals or instructions previously gicen and are due to causes beyond Ihe control o( the Archi- tect. 13.71 Preparing supporting data and other services in connection wilh Change Orders if the change in the Basic Compensation resulling from �he adjusted Contracl Sum is not commensurale with the services required o( the Architecl. 13.12 Making investigaliuns invulving detailed apprais- alc and valvations o1 exisling fatiliiies, and surveys or inventnries requircd in conneclion wiih conslruciron performed by the Owner. 1.;IJ3 Pro�-iding conaultaliom m�ccming rrplacrmrnt uf .my Work damaged by firc or other uuse dunng u�n- struciion, and furnisliing pro�eseional services o( the �ype AtA�00CUA1ENi L1�1 •O1VNfk�ARC11R[C( AGREEh1[NI • I�hUANY lYl� CDITION • AIAS •'+:7771 THt n.VENICnN INSIRU7E OF ARCIIIILCIS, 77J5 NEW YDRK M'E., N.W., \YASMWGTON, D.C. 2pNK sel (orth in Pangraph 1.1 as may be required in ccx�nec- tion with the replacement of such Work. 1.J.14 Providing professional services made necessary by �he defaull of �he Conirattor or by major defects in the Work of the Conhactor in Ifie per(ormance of the ConslrucCion CoMrad. 1.3.15 Preparing a set o( reprrxJucible remrd priNS of drawings showing signi(icart changes in the Work made during the cunstruclion pwcess, based on marked-up prints, drawings and other dala furnished by Ihe Contrao- tor to the Architect. 7.3.76 Providing extensive assistance in Ihe uhlizalion of any equipment or system such as iniiial s�art-up or testing, adjusting and balancing, preparation of operalion and maintenance manuals, training persnnnel for upera- tion and mainlenance, and consultaGon dwing operation. 1.3.17 Providing services after issuance to the Owner of the (inal Cenifica'e (or Payment. 1.3.18 Preparing to servF or serviaq as an expert witness in connection with any public hearing, arbitration pw- ceeding or legal proceedinq. � 1.3.19 Providing services of prolessional consuliants for other than the normal structunl, mechanical and electri- cal engineering services for the Project. 13.T0 Providiag any oth�r servica not olherwise in- cfuded in this Agreement or not cusromarily furnished in accordance with general{y accepted architectural pr:clice. ARTtCIE 2 TNE OWNER'S RESPONSIBlLITIES 2.1 The Owner shalf provide /ull intormation, induding a compirte progam, regarding his requiremenh (or the Project. 2.2 7he Owner shall designate, when necessary, a rep- resentative authorized'to act in his bchalf with respect to the Project. The Owner shall examine documents sub- mitted by the Archi�ect and shall render decisions per- qining thercto promp[ly, (o avoid unreasonable delay in the progress of the Archi�ect's services. 2.3 The Owner shall fumish a cerli/ied land survey of the site giving, as applicable, grades and lines of strecK, alleys, pavemen�s and adjoining property; rights-oLway, restrictions, easements, encroachments, zoning, deed re- strictions, boundaries and contours of the site; localions, dimensions and complete data per�aining lo existing buildings, other improvements and Irees; and (ull in(or- mation conceming available service and utility lines both public and private, above and below qrade, induding inver�s and deplhs. 2.4 The Owner shall furnish the services o( a snils engi- neer or other consultant when such services are deemed necessary 6y the Architect, includinp, reporls, lesl horings, .�:les[ pils, soil bearing valucs, percol�tion tarsts, air �nd �water pollution lests, ground corrosion and resistivily - tests and other necessary operatipns (nr delcrmininq sub• ��soi(, air Snd water conditions, wi[h xppropriate profes- sional recommendations. 2.5 The Owner shali fumish slructunl, mechanical, chrmita� and otheriabnratory tests, inspections and re- poils as Fequircd by law or the Contrac[ Documents. 2.6 The Owner shall fumish such legal, accountinR, and insurance counseling services as may be necessary (or tfie Project and such auditing services as he may require �o ascertain how or (or what purposes the Conlroctor has used the -moneys paid lo him under the Construction Conlract. ?J The services, information, surveys and reports re- quired by Paragraphs 2.3 Ihrough 2.6 indusive shall be fumished at thc Owncr's expense, and the Archilect shall be entiUed to rely upon Ihe accuracy anJ completeness ihercof. Z.6 II the Owner becomes aware of any (ault or de(ect in the Project or non-con(ormance with the Contract Uncuments, he shall Rive prompl wrilten notice thereof to thc Architecl. 2.9 The OKner shail (urnish informa�ion reryuired of him as ezpedltiously as necessary (or the ordcrly progresz of thc Work. ART(CLE 3 CONSTRUCTiON COST 3J I( the Construction Cost is to be used as ihe basis for dtlermining.the ^rchitect's Compensation for Basit Services, it shalf be the total cost or estimaird cost to thc Owner o! a!1 Work designed or s�ecified by the .ArchitecL The Construction Cost shail br de�ermined as follows, with precedenct in the order listed: 3.1.1 Fo� tompleted construction, �he cost of all such Work, induding costs oI man�ging co�struction; ' 3.7.2 for Work nol cons�ructed, (1) the lowest bona fide bid received from a quali(ied bidder for any or all o( such Work, or (21 if the Work is not bid, the bona fide neqo- liated propossl submitted for any or al� of such Work; or 3.1.3 For Work for which no such bid or proposai is received, (t) the Iatest Detailed fstimate of Construction Cost if one is available, or Q) Ihe latest Sta�ement of Probable Construction Cost. 3.2 Construdion Cost does not indude the compensa- tion of the Architect and his cons�ftants, the cosl o( the land, righls-o(•way, or o�her costs whid� are the responsi- bility of the Owner as provided in Pangraphs 23 through 2.6 indusive. 33 The cost of labor, maierials and equipment furnished by thc Owner (or Ihc Project shall be induded in ihe Conslruclion Cost at current market otes induding a reasonable allowance (or overhead and profit. 3.1 Slatemenis of Probable Construction Cost and De- lailed Cost Estimates prepared by the Architect represent hic hetit judFmenl as a design pmfe4sional familiar wilh Ihe conslruction induslry. It is rerognieed, however, Ihat neither !he Architect nor the Owner hu any controi over Ihe cost ot labor, maltrials or equipment, over the coe- t�ulors' methods o! delermining bid prices, or over com- petitive bidding or markM conAitions. Accordingfy, �he AU OOCUMFNT �tp • OWNFR=ARCHIIFCT AGREEMENT •�ANU�RY 1971 fDITION • �IA'R • m1971 TNE AMERICAN INSTITUTE OF ARCH�fECTS, 1735 NUY YORK AYE„ N.W., K'AtiMINGTON, D.0 1(MX76 S i �4 Architect cannot ond does not guaranlee that bids wi11 not vary from any Slatement of Probabie Construction Cost or othcr cost esGmate prepared by him. 33 When a fiued limit o( Construction Cost is estab- lished at � tondition of Ihis Agrcemeni, it shail be in writing signed by the parlies and shall include a biddinq eontingency o( tm percent unless ano�her amount is agreed upon in writing. When such a(ized limit is esUb- lished, the nrchited shall be permil[ed to determine what materialz, equipment, component systems and types of construction ue ro be induded in the Contract �ocu- ments, and to make reasonablc adjustments in Ihe scope ot the Projecl to bring it within the fiKed limit. The archi- tect may also iadude in the Cuntnct Ouwments alter- nate bids ro adjuzt the Construction Cost to the fixed �imit. . 3.5.7 �( the Bidding or Negotiating Phase has not com- menced within siz months after the Archilect submi�s the Conslruction Documents to the Owner, any fized limil of Constructinn Cost esta6lished as a condition of Ihis Agreement shall be adjusted io re(lect any change in thc general level of prices which may have occurred in the construdion induslry for the area in which the Project is located. The adjustment shali re0ect changes between the date of submission of the Construdion Documents to the Owner and ihe da�e on which proposals are wught. 3.5.2 When a fixed limit of Consuudion Cost, indudirg the Bidding contingency (adjusted as provided in Sub• paragraFh 3.5.�, if appiicable), is estab!ished as a condi- tion of ths Agreement and is exceeded by thc IOWMI bona fide bid or negotiated proposal, Ihe Drtailed Esti- mate of Construc!ion Cost or the Stalement o( Vrobable Construction cost, the Owner shail (1) �give written ap- proval of an increase in such fixed limit, (2) authorize re- bidding [fie Project within a reasonable time, or (31 co- o�era?e in revising Ihe Project scope and quality as re- quired to reduce the Probahle Constmction Cnst. In the case o( f31 lhe Architect, wilhoot additional charge, shali modiiy the Drawings and Specifications as necessary to bring the Construction Cost within the fized fimil. The providing of such service shatl be the limit of �he nrchi- tecCs responsibi�ity in �his regard, and having done w, Ihe Architect shall be en�illed ro compensalion in accord- ance with this Ag�eement. ARTICIE � DIRECT PERSONNEL EXPENSE Direct Personnel Expense is de(ined as Ihe salaries ol professional, technical and cferical enipinyees engaqed nn the Project by the Arthilecl, and Ihe cust of (heir mandaiory and tuslomary bene(ils such as stalulory em- ployre bcne(i�s, insurantc, aick le,n•c, hulidays, vacatinns, pensions and similar benefila. � ARTICLE S REIMBURSABLE EXPENSES S.1 Reimbursablc Ezpenses are in addition lu Ihc Com- pensation for 6asic and Additional Scrvices aed indudc dcival expenditures made by the Architect, his empluy ees, or his prolessional consultants in the intcrest of the ProJect'f�r the experRes fisted in the (ollowing Subp�r�- gophs: S.1J Ezpenx of tr�nsportation and living wfien travel- ing in connection with the Projecr, long distance calls md telegrams; and fces paid for securing approval o( wtho�ilies having jurisdic[ion over the Project. SJ.2 E+cptnx of repFoductions, postage and handling of Drawings and Specifitations exduding duplicate sets al the wmpletion of each Phase for the Ownefs, review and approwl. SJ3 If aWho�ized in advance by the Owncr, expease of overtime work requiring hiRher than regular rates and ezpense of renderings or models for the Owners use. 5.1.4 Ezpense of computer time (or professional services when Included in Paragraph IL 5.1.5 Fxpense of computer Iime N�hen used irt mnner �ion with Addilional Scrvkes. ARTtCLE 6 PAYME(dT5 TO TtiE ARCHITECT 6J Payments on account of Ihe Archited's Basic Serv- ices shall be made as foflows: 6.1.7 An initial payment as sct (orth in Paragraph 11 is the minimum payme�t under Ihis Agrecment. 6.1.2 Subsequent payments for klas6c Sen•ices shall br made monlhly in proportinn to services perfoimed so that the compensa�ion at ihe completior. o( each Phase, ezcepl when the compensation is on the bacis of a Mul- tiple of Direcl Personnct Eapense, shail equal ihe Iollow- � ing pe�cen[ages of the total Basic Compensatio�: Schematic Design f'hase ........ 15% Design Development I'hase ...... 35% Construction Documents Phase ... 75^'0 Bidding or Nego.liation Phase .... 80% Construction Phase ............ 100",6 6.1.3 If the Contract Time inilially estab�ished in the Conslruction Cootract is exceeded by more than Ihirty days through no fault of the Architect, compensation for Basic Services per(ormed by Principals, employees and pro(essiooal consultants reyuired lo complete the Ad- ministration of the Construclion CoMract beyund Ihe Ihirticth day shall be c��mpuled as scl torth in Pan- graph IS for Additional Services. 6.2 Payments for Addi�ionai Services of ihe Archi�ed as de(mcd in ParaRraph l3, and for ReimhursaMr Ezp�ncrs a. Jrfined in nrtide S, shall be made monthly upon pri•�enlation t�f Ihe ArchiferCs statement o( scrvitrs ren• JcrcJ. 6.3 No deductions shall be made from the Architect's compcnsation on aceount of penalty, liquidat�d dam- ages, or olher sums withheld (rom paymen�s lo mn- Iraciori. 6.1 I( thc Froject is suspendtd for more Ih:n threc months or Sbandoned in whole or in part, Ihe Architect Alk VOCUMENT C1N • UWNER-AkCHIi(Ci AGREtMfNT • �ANUAItV 19N LOIiION • AIACO •�C14i1 6 � 1H[ AMtNICAN 1NSII1U1[ (>f ARCHII[CTS, 17J5 NFW Y(1NK AV[., N.1V„ N'ASIfIN(iTf),y, 0.C, 7l%1(N+ shall be paid his mmpensation for services performed prior lo receipt of written nolice (rom the Owner ot such suspension or abandonmenl, rogether wilh Reimbursabk Ezpenses then due and ail termination ezpenses as dc- '(ined in Paragraph 83 msulting frum wch suepension or abandonment. If Ihe Project is resumed a(ter being ws- pended (or more Ihan three momhs, the Archited's compensalion shall be subjecl lo renegotialion. F. _ 6.S Payments due Ihe ArchiteU under Ihis Agrcement shall bear interest at the legal rate commcncing sizry days aGer the date of bilGng. ARTICLE 7 ARCNITECT'S ACCOUNi1NG RECORDS Records of Reimbursable [xpenses and expenscs perUin- ing to Additional Sen•ices on the Projec[ and for services performed on the basis o( a Mulliple of Direct Peno�nel Expense shall be kept on � generally recogni:ed accouM- ing basis and shall be available lo the Owncr or his authorized represenlative at mutualiy convenienl limes. AFTICtE 8 TERMINATtON OF AGAEEAAfNT 6.1 7his Agrcement may be terminaECd by either party upon seven days' written noticc should the othe� party lail wbstantialiy to per(orm in accordance with its terms throuµh no fault of Ihe parly iri�iating the tcrmin�lion. 8.2 In the event of termination duc to the IauR of par- ties other than the Architcct, the Architect shall be paid his mmpensation (or services perlormed to terminatinn datc, induding Reimbursabie Expenses thert due and all termination expenses. 0.3 Termination Expenses are detined as Rcimbur�able Expenses direcUy attributahle to terminotion, plus an amount mmputed as a percentage o( the total mmpen- sation earned ro the tirtie of termination, as fullows: 20 percent if terminalion occurs durinR the Schemafic Design Phase; or 10 percenl if �erminaiion occurs during ihe f]esign De- velopment Phase; or S percent if terminalion occurs during , ny subse- . quent phase. ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings and Speci(ications as inslruments nf service are and shafl remain Ihe property o( Ihc Archiiect wh<�iher 1he Projed for which thcy are madc is execWed ��r not. They are not io be used by 1he Owner on othcr projects or eztensions �o this Projcct excepl by agrecmrnt in wril- ing and with appropriatc wmpensation to Ihe nrclii�ed. ` ARTICLE l0 � � SUCCESSORS AND ASSfGFJS The Owner and the Architetl each binds himself, his part�ers, wccezsors, assigns and lega! represeniatives to the ulhcr "party lo tAis Agrcemcnt and to Ihe partners, succe:sar_, assi�;ns end Iegal repreuntatives nf wch other party wdh respect lo all covenants o( Ihis AR«'ement. Neither the Owner nor Ihe Archilect shall assiFn, sublel or tramfer his inlcrest in.lhis Agreement withnut the written consenl of �he oiher. ARTICIE 11 ARBITRATIQN 1/.1 All daims, disputes and olher matlers in qucsli�n hchveen the parties lo Ihis �R�eement, arising oul of, or mlating lo this Agmement or the breach thereof, shali be decided by arbitration in accordance wilh the Construo tion Industry Arbitration Rules o( the �merican Arbilra- lion Association Ihen oblaining unless the parties mulually agree olherwisc. No arbiiration, arising out of, or rclating tu this AFreement, shall indude, by consolidation, jomdcr ur in any other manner, any additional parly not a parry lo [his Agreec,ent excepl by writlen consent containing a speufic reference to this Agreement and signed by afl the parties hereto. Any consent to arbitrauon irnolving an additionai parry or parties shall not constitute consent ro arbitration of any dispute not described iherein or with any party not nsmed or described therein. 7his Agreement to arbitrale and any agrcement to arbitrate wiih an addi- tiona! parry or parties duly consented ro by tfie parties here�o shall be specificaliy entorceable under the pre- vailing arbitration law. 11.2 Notice of Ihe demand for arbitration 5ha11 he filed in writing N�ith the other party to Ihis AgreemrM and with ihe America� Arhitration Asstxialion. Thc demanA shail he made �vilhin a reasonabie [ime after IFc claim. dispute or other matler in Guestion has arisen. I� no event shall Ihe demand for arbitration be made aftzr ihe date whe� ins�ilution of Iegal or equitable proccedin�,s based on such daim, dispute or other mattcr in question would be barred by Ihc appiicable statute of IimitaGons. 11.3 The award rendered by ihe arbitrators shall be fi- nal, and judgment may be en�ered upon it in accordance wilh applicable law in any [our� havinG jurisdiclion ihcreat. ' ARTICLE t2 EXTEN7 OF AGREEMENT This Agreement reprcccnts Ihe eolirc and inteRrated .greeme�t belween the Owner and !he Architect and sup�•rsedes alf prior ne{�oPiations, repre�Cntation5 or agrcemen�s, cilher wriUCn or oral. Thi, AKrecment mav be amended unly by written instrument signed by tx�th Owncr and Architect. ARTICIE 13 GOVERNfNG LAW Unless uthcrwise spcci(ied, this Agrcement sh�ll be gov erned by tFp law of the printipa! place n( business of the Architecl. AU OOCUMENI �Ul • ON'NtB�ARCHIIFCT AGR[E�1ENT • �ANUARY 147t fDITiON • AIA!S � K'197� THf AMERICAN INST�TUTC Uf ANCIIIIfCTS, 1755 Nf1l� YORK AVf., N.W„ 1VA5111NGiciN, f>. C. 2UOIX� I� � i , ..., � •. ARTTCLE 14 v� OTMER COt�1DITlONS OR SERVtCES As a clarification of Article: 1.3.10 ,In addition to the basic services Fce, time spent on any revisions caused by changes to work previously approved shall be over and above thc basic fee. Article 5 Delete 5.1, S.l.l, 5.1.2, 5.1.3, S.I.4, 5.1.5. qrti_cle 1.1.14 All necessary on-site inspections will be made to ensure construction is in compliance with the approved plans and specification. All necessary inspections will be included in the Basic Services Proylded with no additional charges. Article 6 Delete Article 6.1.2 and substitute the following: Subsequent payments for Basic Services shall be made monthly in proportion to services performed so that the compensution at the - completion of each Phase, except when the compensation is on the basis of a Multiple of Direct Personnel Expense� shall equal the following percentages of the total Basic Compensation of 11% for these phases: Schematic Design Phase ....... Design Development Phase ..... Construction Documents Phase.. Bidding or Negotiation Phase.. Construction Phase ........... Or 2.5 times the base persoranel costs plus the each phase, whichever is less. This Agreement executed ihe day and year first written zbove. OWNER Jerry Bordman ARCHITECT 15% 20i 40% 5% 20% sub-consultants fees for � � �� Timothy R. nfcco A AU• OOCUMINT El�l � lNN�'ER-ARCHITFCT Af.N([htENT • �ANU�RY 1971 f01710N • AIAI� • O}97i � - TH( AMFRICAM INSTIIUTE Of ARCHI7iCi3, tA5 NEW YORK AVE., N.W., LYASHINGTON, O. C. ]0006 Cp 871: • INFORM�TION SHEET 1 6 CITY Of= FRIDLEY SHADE TREE UISEASE CONTROL PkOGRAM • Telephone: 571-3450, Ext, 120 Dear. Property Owner: 7his information sheet has been prepared to assist the property owner and to provide basic information concerning our Shade Tree Disease Control Program for 1979. Your efforts to aide•and understand this program will be helpful and greatly appreciated. The City of Fridley is maintaining a Shade Tree Disease Control Program to meet the requirements of Minnesota State Lavrs and Department of Agriculture Rules and Regulations concerning the responsibility of the individual municipality in reducing the rate of spread of Dutch Elm Disease and Oak Wilt. Sectior 104 of the Fridley City Code authorizes the City Forester/Tree Inspector to serve notice upon the owner of property bearing diseased, dead or dying trees, or oak and elm taood bark which may serve as a reservoir of tfie disease or breeding plac.e for disease carrying insects. The Tree Inspector may enter private property at any reasonable time for inspection. � Minnesota State Law gives the Tree Inspector the authority to condemn diseased oak and elm trees from field diagnosis if definitive symptoms are present. When there is reasonable doubt as to the diagnosis of a given tree, it aaiTl 6e tested by the Depart- ment of Agriculture and/or University of h1innesota for laboratory confirmation. Trees which are dead, dying or which have been determined to be diseased are generally marked with a red or orange "X". Thes2 trees must be ren�oved. Where root grafting between healthy and diseased trees is suspected, the roots must be separated either by mechanical trenching or by inserting tl7e chemical VAPAM into tl�e ground. The grafting separation procedure must be done prior to the felling operation. A VAPAM treated tree may not be removed for 10 to 14 days after treatment. A tree wi*h a mechanically trerched root barrier may be cut immediately after treatment. The cost . per lineal foot for root barriers is: $1.75/foot for VAPAM; $2.50/foot for mechanical trench. Some turf damage will occur with a root barrier, See Request and Release Ayreement for further explanation. Trees requiring only pruning of dead wood are marked with a"P". In accordance with these laws, ail diseased trees on private property must be removed within ten (10) days of official notification. For removai of all diseased trees, the property otvner has the following alternatives available: OPTION A: Property owner may choose to fell and cut marked trees, however, state ' law prohibits the transporting of diseased wood by anyone other than a licensed contractor. If the pro�erty owner wishes to fell the diseased tree and have the City contractor dispose of the wood, the tree must be cut into sections no larger than 10 feet and stacked perpendicular at the curb, or the property owner may choose another licensed contractor for the removal of marked wood. In either case, all diseased wood must be removed from the property at the property owner's expense. OPTION B: Property owner may choose to retain the services of a private licensed contractor for tree removal. If this option is chosen, the pi•operty owner will bear lOD� of the cost. OPTION C: Property owner may choose to have the City contractor remove the diseased tree. This option will be on a 50" City cost/50% property ownei- cost in accordance with the cost rate schedule. OPTION D: For commercial or industrial property, removal of diseased trees may be accomplished by utilizing Option A, Option a or the City contractor. However, the State of Minnesota subsidy program does not apply to commercial and ind w trial property. Therefore, the property owner will be responsible for 100;6 of the cost,incurred. The following price index reflects the City's cost for removal of diseased trees with Tree Removal Service, Inc. This should assist your attempt to estimate the cost to be incurred for removal of a diseased tree. The base price listed is the City's cosi of a normal tree removal. Additional percentages as noted will reflect the price increase accordingly. Diaineter measurement is taken approximately four to five feet above average ground level. QASE SIZE PRTCE +10% 0-5.9" 24.00 26.40 6-7.9" 36.00 39.60 8-9.9" 48.00 52.80 10-11.9" 62.40 68.60 12-13.9" 84.00 92.40 14-15.9" 120.00 132.00 16-17.9" 150.00 165.00 18-19.9" 180.00 198.00 20" & up 18.00 19.80 (per 2" increment over 20") +2p/ 28.80 43.20 57.60 74.90 100.80 144.06 180.00 216.00 21.60 +30% 31.30 46.80 62.40 81.10 109.20 156.00 195.00 234.00 23.40 +40q 33a60 49.20 67.2� 87.35 117.60 168.00 2I0.00 252.00 25.20 +50% 36.00 52.80 72,00 93.60 126000 180000 225.00 270,00 27.00 Add 10� to the base price if the tree is close to powerlines (generally a 15 foot clearance is necessary). Add 20o to the base price if the tree is close to buildings, other ir�provements or shrubs (a l0 to 12 foot clearance is necessary}. Add 20' to the base price if the tree has restricted vehicle access (accommodation for a 20 ton vehicle with a 10 foot clearance is necessary). NAULING AND STUMPIPlG 6A In the event the property owner decides to remove his own tree and would like the City contractor to remove the logs, brush, etc., all wood must be stacked perpendicular to the curb line. The stump may be removed by the city contractor. The property owner's costs will be as follows: (A) Hauling will be billed at $45.00 per five yard lodd; � (B) Grinding the stump, not hauling the chips and not filling the hole will be billed at $.80 per inch diameter. (C) Grinding the stump, hauling the chips and filling the hole will be billed at $1.45 per inch diameter. If the property owner reikioves his o�vn tree and wishes to leave the stump, the stump must be debarked to the ground. Ten days after the initial inspection, your property will be reinspected for compliance, If the property owner has not complied at that time, a Notice of Non- Compliance will be sent to the property owner and a work order will be submitted to the City contractor for compliance. A$25 adniinistraCion fee will be added to your tree removal costs. All diseased trees on public lands will be removed at City expense. If additional information is required, plcase call the Park, .Recrnation and Natural Resource Department at 571-3450, extension 120. CiTY OF Fl�9DLEY 8431 UNIVERSITY AVENUE �N.E., FRIDLEY, MINNESOTA 664,32 TELEPHONE ( 612)5�1-3450 Uear Property Owner: 41e have found that you are in non-compliance with our previous Shade Tree Disease Inspection Notice, State law requires removal of all diseased trees. Therefore, t•re are obligated to submit a contract for removal to the firm fiired by the Cit�� of Fridley. You may expect this removal within the next t�n days. Consequently, you will be billed for tnis removal. If this bili is not paid within 30 days, the charqes will be added to your 19fi0 tax assessrnerit, plus a 425 administration charge. If you have any questions feel free to cor�tact the Park, Cepartment at 57?-3�50. 7hank you. /ja concerr�ing this matter, please Re�reation and Natural Resource Sincerely, Charles A. Boudreau, Director Park, �ecreation and Natural Resource Department P.S. Piease contact us immediately if your non-canpliance status has changed so your name may be removed from the contra�tor's work order to avoid an;� tree removal charges ta you and the City. G$ ,7 RESOLUTION N0. A RESOLUTION RECEiVIP7G TH[ PRELIMINAP,Y ItEPORT IINR �j]'Iq10RIZING EXEC[TI'ION OF M32EEMGNT TO iJAIVE A PUDLIC HEARING ON THE MATTER Of= THE CON- STRUCTION OF C[RTAIN IMPROVEIIENTS: STREET It1PR0VEMENT PROJECT S7. 1979-1 ADDENDUM #1. � 4111EREAS, the constructicn of certain improvements is deemed to be in the ineeres_tof the City of Fridtey and the property owners affected thereby. BE tT RESOLVED, by tiie City Council of the City of Fridley, as fol too-�s: 1. Thai: the preliminary report submitted by the'City Eng�neer is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of £he a�mer of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvemenYs and eacli of them as noted in said agreement are all the lands and areas as noted in said agreement. All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby. 5• That a11 property owners whose property is liable to be assessed with the making of the improvements have signed an agreement requesting the improvements and constitute 100% of the praperty owners who a�ill benefit from the improvement and do waive the right to a public hearing which is allowed under the normal . proced�res set forth in hlinnesota Statutes Chapter 429. /1DOPTED BY THE CITY COUNCIL OF THE CIT•Y OF FRIDL[Y THIS DAY OF , 7979. MAYOR - WILLIAM J. NEE . ATTEST: CITY CLERK - MARVItd C. BRUNSEl.L _ ; , ; �i u i ! we.weA, r.... a raa ' �rtonr�era �. �.a STATC OF f1INNESOTA COUNTY OF ANOKA MUrUAL AGREEMHNT TFIIS AGRCLMEC7T, Made and entered into this� ' day of March, 1979, ,by and beCween SGARS, ROIsBUCK AND CO., a New York Coxporation, Uereinaftec� referred to as �"Sears"; S& li COMPANY, a Pfinnesota Partnership, hereinafter refexred to as "S & i�"; and the CITY OF FEIDLEY, a Municipal Corporation arganized under the Laias of the State of Minnesota, heceinafter referred to as the "City". W[I�REAS; Sears is the £ee owner of a tract of land located in the City of Fridley, on Universitp Avenue between 69tU Avenue and 73rd Avenue containing approximately 87-1/2 acres; and WFIEREAS, Sears has entered into a Purchase Agreement wherein it has agreed to se11 and S 6 H has agxeed to buy sai.d tract of land; and 41A�RLAS, the above sale is continge.nt upon Che City approving a plat for khe Nozth 1/2 of said tract; and WfiER�AS� one of the requixements for plat approval is that the ownex and developer must petition the City to install all necessary streets and u[ilities; and S�[3EREASs Minn. Stat. 5429.031 subd. 3 provide that if all of the owners of r.eal property petition the City to construct impxovements and if the entire assessments are to be�made against the property of the petitioners the City may then order the improvement without a public hearin�; and WfIEREAS, S 6 H wishes to proceed with the preparation of plans and specifications for said streets and utili[ies prior to the closing date and agxees to place in esCrow with the City a sufficient cash deposit to cover al costs lncurxed by the City in preparing said plans and specifications; and FTHEREAS, S 6 H agrees to indemai£y the City for all costs of preparing said plans and specifications and further agrees to hold Sears harmless fxom the said costs; and WHERGAS, all parties agree that no construction ahall co�ence on eaid property until after Che closing between Sears�and S 6 H. NOW, THEREFORE, be it ayreed by the partieseas followa: l. That pvraunnt to ttie tecros of the above Agr¢ement, Sears and S 6 H petition the CSty to waive the notice of public hearin� and order the etreet end utility improvement project. i 7A n�soi.u•rroN No. A RBSOLUTION OkDGRING Ih1PROVGhfEN'f AND FINAL PLM1S AND SPECI- PICATIONS AND }iSTIMA7'ES OP COSTS TIIEREO�: STREET If1PROVEM[NT PROJECT ST: 1979-1 ADDEt�DUM N1 , . •, {VHEREAS, Resolution No.• adopted on the day of , 1979 by the City Council, received an agreetnentto waive the public hearing on the proposed improvements, as specifically noted in theagreement attached thereto for reference; and WHEREAS, all of the property owners whose property is liable to be assessed with the making of the improvements (as noted on said agreement) have signed the attached agresnent requesting the improvements and constitute 100% of the property owners who will benefit from the improvement and do waive the right to a public hearing which is allowed under the normal procedures set.forth in Afinnesota Statutes Chapter 429. NOF4, THEREFORE, IlE I1' RESOLVED, by the Council of the City of Fridley, Anoka County, hlinnesota as follows: 1. That the £ollowing improvements proposed by Council Resolution No. are hereby ordered to be effected and cor�pleted as soon as reasonably possible, to-wit: S.treet improvements, including grading, sL-abiiized base, het-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water.and sanitary se�aer Services and otkier facilities located as follows: Cormnerce Circle 73rd Avenue to 73rd Rvenue (Paco Industrial Park) 2. That work to Ue performed under this proj'ect may be performed tmder one or more contracts as may Ue deemed advisable upon receipt o£ bids. ' 3, That the Public Works Director, Richard N. Sohiech is hereby designated as the Engineer for this improvement and shall , prepare final plans and specifications for the making of such improvement. , ADOPTfiD BY THE CITY COWiCIL OF THE CITY OF FRIDLEY THIS DAY OP � , 1979• FfAYOR - i4ILLIAi�I J. NEE ATTEST: CT'PY CLGRK - PIARVIN C. 13RUNSCLL RESOLUTION N0. A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND AUTfiORIZING EXECUTION OF A CONTRACT WITH N.D.H., INCORPORATED FOR STRCET IMPROVE- MENT PROJECT N0. ST. 1979-1, ADDENDUM N0. 1 WHEREAS, Resolution No, adopted on the 4th day of June 1979, by the City CounciY, received an agreement to waive the puhlic hearing on the proposed improvements, as specifically noted in the agreement attached thereto for reference; and WHEREAS, all of the property owners whose property is liable to be �sses- sed with the making of the improvements (as noted on said agreement) have signed the agreement requesting the improvements and constitute 1000 of the property owners who will benefit from the improvement and do waive the right to a public hearing which is allowed under the normal procedures set forth in Minnesota Statutes Chapter 429. WHEREAS, Resolution No. adopted by the City Council of the City of Fridley ordered all of these improvements. NOW THEREFORE, BE IT RESOLVED, by the Cotmcil of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. and No. , are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous ma.t, concrete curb and gutter, sidewalk, water and sanitary sewer services, storm sewer and other facilities, located as follows: Commerce Circle from 73rd Avenue to 73rd Avenue (Paco Industrial Park) That the work involved in said i.mprovements as listed above shall hereafter be designated as: STREET IMPROVEMENT PROJECT ST, 1979-1, ADDENDUM #1 2, That the Mayor and City Manager are hereby authorized to execute a contract with N.D.H., Sncorporated, the street Contractor for the existing City of Fridley Street Improvement Project St. 1979-1-2-4; utilizing the same unit costs as agreed to in the existing contract, all in accordance with Minneso- ta Statutes Chapter 429.041, Subdivision 4, Paragraph 3, which permits the City Council to "contract at one time on a unit price basis for yart or all of the street improvements to be constructed by the municipality during the current year, including improvements which may thereafter be ordered con- structed". pDOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. ATTEST: MayoP - William J. Nee City Clerk - Marvin C. Brunsell 0 St. 1979-1 9 �� Addendum No. l PROPOSAL STREET IMPROVEMENT PROJECT ST. 1979-1 (Addendum No. 1) CITY OF FRIDLEY, ANOKA COUNTY Class of Work: Grading, Soil Stabilized Base, Bituminous Base, Bituminous Surfacing and Concrete Curb Proposal of: N D H Asphalt In�orporated Name 5400 Industry Hvenue N.W. - Anoka, MN 55303 Address To furnish and deliver all materials and to do and perform all work, in accordance with the Contract and ti�e approved Department of Highways Specifications, dated January 1, 1979, on file in the office of the City Engineer, except as specifically stated other- wise in the "Special Provisions" contained herein, for: 1. STREET IMPROVEMENT PROJECT ST. 1979-1, Addendum No. 1, INCL Commerce Circle East Commerce Circle West Commerce Circle South � '� , ADDENDUM N0. 1 To City A4ar►ager and City CounciZ C/0 City Hngineer City af Pridley � 6431 University Avenue, Nfi Fridley, h�l 55432 . In accoxdance ivith the advertisement of the City Engineer inviting �roposals for the impxovement of the section of streets hereinbefore named, and in conformity with the Plans, Specifications and Special Provisions pertaining th�reto, on file in the office of the City Engineer: (I) (1Ve) hereby certify that (I) (1ti'e) (am) (are) the only person interested in this pxoposal as principal ; that this proposal is made and submitted without fraud or collusion with any other person, £irni or corporation whatsoever; that an examination has been made of the site of the work and the Contract Forn, together with the Plans, Specifications and Special.Provisions pertaining thereto for the improvement. (I) (A'e) understand that the quantities of work shown herein are. approximate only, and are subject to increase or decrease; that all quantities of taork, whether increased or decreased within the limits specified in 1903 of the Specifications, are to be per£onned at the unit prices shown on the attached schedule; and that, at the time of opening bids, totals only will be read, but that comparison o£ bids will be base3 on the correct swrunation of item totals obtained from the imit prices bid, as provided in 1301 of the Speci£icatzons. (I) (iVe) propose to furnish all necessary machinery, equipment, tools, labor and other means of constxuction and to fumish all materials speci- fied, in the manner and at the time prescribed, all in accordance with the ternis of the Contract and the Plans, Specifications and Special Provi- sions forming a part thereof. . (I) (iVe) further propose to do a11 Extra 14ork which may be required to complete the contemplated improvement, at unit prices or lwrtp sums to be agreed upon in writing prior to starting such work; or, i£ such pric�s or s�ns c�aruiot be agreed upon, to perform such work on a"Force Account" basis, all as provided in 1403 of the Specifications. • (I) (1<<e) further propose to execute the form of Contract and to furnish a Contract Bond in the amoimt of tlie Contract, within ten (10) days of tlie acceptance of this pzoposal as security for the construction and completion of the work in accordance with the ternis of the Contract, Plans, Specifica- tibns and Special Provisions, as provided in 1306 and 1307 of the Specifications. ,,� . (I) (1�`e) further propose to guaranfiee all �,rork performed imder this Contract to be done in accordance 1J1Y.I1 the Plans, Specifications and Special Provisions and in •a good and worlananlike marvier; and to renew or repair any work i��iich may Ue rejected, due to defective materials or wor}ananship, prior to final completion and acceptance of the project by the City Engineer. , (I) (1�'e) further propose to Uegin work on or before � , 1979, according to Uie special provisions and to prosecute sai i��or so as �•� to coi�lete the sa�ne as per specifications. � . . � 9C SCNEDULE OF PRICES Page No. _ pro�ect No. St. Imp�Pr'o,jeCt $t. 1979-1. �dd�ridLiil�1�_. Biddcr muat fill in unit prices in wurds and figures; make extension for each itcm and ~ to[al. For com lete infonnation concernin these items see Plans an_ d SpecifLCatic�ns�____,_ Work Spec. or Approx. j ICem with Uni[ Price Unit Price `� fur,ouoC ---��—__.. T item No. uantities� Bid Written in Words Dollar— srCenG I• Dollars Cen:s Valve Box �ustment � � S-2 3 at... Fi.f.t.�y.. ..........D��llar... f I • and..l1D ...............cen[s per.2do 50 00 ; 150 00 I Adjust. Frame & Ring Casting I 2506.522 12 at...Se�en�y:fiue........Dollar.... S and..110 ...............cents per.eda 75 00 � 900 00 � ---�'----- — --- . Concrete Curb & Gutter Design �j 2531.501 5,400 et...Five.....-.........��allar.... 1f Thirty ,..,,.,,,.eents per.�:F 5 30 � 28,620 00 and......... . Nggregate Base C ass V 2211.501 5,200 at...FiYe ................Dollar.... i ii and..p0 :.:............cents per.... 5 00 i; 26,000 00 I' 2 1 Bin er Course Mixture J 2341.510 1,700 at...Ten .................DoLlar.... � and..Fifty............cents per.torl 10 50 I 17,H50 0 Bituminous Material for Mixture ' 2341.504 68.0 at...One.hundred.ftve....uolisr.... �I ! and..qo ...............cents per.T.nnj 105 jOQ Cj 7,140 0 at .......................Dollar.... and ...................cente per.... at.......................Dollar.... and ...................cents per.... a[ .......................Dollar.... and ...................cents per.... at .......................Dollar.... and ...................cente per.:.. at .............:.........Dollar.... and ........... .......centa per.... 1 / �: � , � i�� j ,, ; �, Parhiers: �rrrnis St. 1979-1 Addendum No. 1 . . �.�•.�!. . :� ..i �� Nl1J .In accordance ivith 1210 of the specifications, receipt is aclmowledged of Addendum No. dated Addendum-i�'o. dated Addendwn No. dated . Signed J Enclosed herewith find (certified clieck) (bidder's bond) in thc amoimt of a .. . being at least S% of the amount of the proposal, made payable to the City o£ , Fridley as a proposa2 guarantee which it is agreed by Yhe undexsignsd t,r_I1 be forfeited in the event the Form of Contract and Bond a_s not executed, it a�aarded to the tmdersigned, T1iis proposal dated day of � � lgqg ,- Signed: , P.O. Address , an individual, and � Signed: , for , a • partnership. . . ante A ress �e ress 'a�ne ress ��« A ress siE'4'°�"Rrqn•. �+a-�.�:v.,e�,��.w..�...iT�r�;.�.�:^.�n..�. .. . , . .. . ��....., , . ,., � ., _ . , . .. �.._s . .:.�.:., .. � � �.� .�'.l CONTRACT . Addendum No. 1, g F 11iis Agreement made and entered into this clay of i 197�, by and bet�aeen CITY OP FRIDLIY hereinafter PN2TY 01� Tl�f: PII2ST PtU2T , referred to as the CITY AND m � YAR OF TI1- S �D k'AKT '' hereinafter referred to as the WNTRACTOR. 14ITf�SSET'H: ,> That the CONTRACI'OR, in consideration of the covenant and the agreement of the CI.TY hereinaiter set forth, and for the sum and price of J. � hereby agrees that, l'dHEFtF-AS, TII& CITY has heretofore asked for proposals far the furnisliing of materi.als, labor and equipment and the use of CONTRACIbR'S equipme�tt and plant, and all else necessary to complete and to put the entire system in complete �yorking condition, for the construction o£: STREET IMPROVFT�SIT PROJECi' ST. 1979-I (Addendum.No, 1) and appurtenances and incidentals thereto, as shown on the Plans and as set forth in the Speci£ications now on file with the City, and tha�, k'HEREAS, TIiE CO\'iRACi'OR has submitted a Proposa2 in response thereto, k�hich has been accepted by the CITY, in which the CONTRAGTOR agrees to and shall £urnish all necessary materials, labor, use o£ tools, equipment anct plant and everything necessary to perform the work designated and set forth in the Contract, including all CO'VTRAC'TOR'S superintendence, and to furnish everythin� necessary for the completion o£ the project and to put the entire system into complete working condition. FUR'II�R: The CU'VTIUICTOR shall commence work imder this Contract within ten (10) days after notification by the Engineer to co�nnence work; and he shall complete all of the work, set £orth in the Proposal 31ank and in tlie Plans and Specificatioiu on or before 5eptember 15, 1979. � FURTI-IER: He agrees, tmder penalty of a•Corporate Surety Bond in a swn equal to 1000 of tlie £ull amount of the Bid, to complete the work under the Contract in accordance with the Contract Docwnents. The Contract lbcwnents consist of the following component parts, all of which are as full a part of this Contract as thougli herein stated ver- batim, or if not attadied, as if hereto attached: ■+ ST. 1979-1 Addendum No; 1 1. The Afinnesota DeparYancnt of High�aays "Standard SPecifications for liz�hway Construction" clated January 1, 1978. 2. The "Plans" and "Special Provisi.ons", which add to, modify or alter tlie hlznnesota Flighiaay "Standard Specifications £or Higlnvay Construction" dated January 1, 1978. • 3. The "Proposal", "Bid Schedule" and "Bond" o£ the Contractor. 4. This "Contract" between the City and the Contractor. 5. Any modifications or changes in the terms of the Contract or $id or additions to or deductions from the amotmt or character of the WOTIC Sti�11C11 is to be perfonned or which . may be agreed to in tiariting by the Contractor and the City. 9� '. The GONTRACTl7R agrees to pay a12 persons furnishi.ng labor and material in and abaut the perforrtiance of the CO:ITILACI'; and the COi�I'I'RACI'OR trill, witlun ten iaorking days after the acceptance of the C0�'PRAGTOR' S Bid execute this Contract and furnish a bond to be approved byJthe City in a siun equal to 1000 of the full amount of the Bid. The OON'TRACTOR further agrees to take alI precautions to protect the �ublic against injury and to save the CITY harmless fram all damages and claims of the C0�11'IL4CIl7R or the CQNTRAC1bR'S Agents or Employees while engaged in the performance of this ContracY and will indemnify the CITY aoainst all claims, liens and claims,for liens for labor performed or material furnished as aforesazc3 and against all loss by reason of the failure of the CONTRACTI�R in any respect- to fully perform all obligations of this Contract. The CTI'Y OF FRIDLEY agrees to pay �he WNTRALTOR for the perforniance of this Contract, and the CONTRACTOR ad ees to accept in full conrpensation thereo£ the prices set forth within the attached Proposal. The COiVTRAGTOR and the CI'11' OF FRIDLEY agree that all of the terms of this Contract shall be binding upon themselves, their heirs, administrators, executors, legal and personal representatives, successozs and assigns. IN t4ITNESS l4[-IEREOF, the_ Parties hereto have set their hands and seals ' this day of , 1979. � ic �or s irector PARTX OF 1IiE FIRST PART CITY OF FRiDLEY - OIVIQER � ame asvn . ures x, ity ager ame z iam , i ee, � lyor RESOLUTION N0. A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND AUTHORIZING EXECUTION OF AGREEMENT TO 4JAIVE A PUQLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT �127 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected there- hY• ' BE IT RESOLVED, by the City Council of the City of Fridley, as fol- lows: 1. That the preliminary report submitted by the City Engineer and the Consultin9 Engirreers is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative there- to against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said agreement are all the lands and areas as noted in said agreem?nt. All of the same to be assessed propor- tionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected there- by. 5. That all property owners whose property is 7iable to be assessed with the making of the improvements have signed an agreement attached hereto requesting the improvements and constitute 100� of the property owners who will benefit from the improvement and do waive the right to a pub- lic hearing which is allowed under the normal procedures set forth in Minnesota Statutes Chapter 429. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. ATTEST: City C erk - Marvin C. Brunsell ayor - i iam , ee 10 9 � STATIi OP 14IP7NESOTA -� C011N'LY Ob' ANOKA . l�fUTUAL AGRL•'II1CNT TIIIS AGRtiP2tY�IT, Made and entered into this ''� day of March, 1479 � by and betwe.en SEARS, ROEBUCK AND CO., a Plew York Corporation, liereinafter referred to as "Sears"; S 6 ll COMPANY, a Minnesota Partnership, hereinafter refe=red to as "S & H"; and the CITY OF E�,IPLEY; a Municipal�Corporation ' organized under the Laws of the�State of Diinnesota� hereinafter referred to � �� as the "City". . � idH1iR�AS� Sears is tlie fee otaner of d tract of land l.ocated ia the � City of Pridley� on University Avenue bet�aeen 69th Avenue and 73rd Avenue � wntainin� approximately II7-7/2 acres; and � i � ' WNEREAS, Sears hac entered into a Purchase Agree�aent wherein it�Ytas � agreed to sell and S& H has agreed to buy said tract of land; and � . . I�IiEREe15, the above sale is contingent upon the City approving a � , plat for the North 1%2 of said tract; and � � wenven. rei�e e ��ui •�ronncrs ��.,w S,11iEREAS, one of the requirements for p1aY appxoval is that the owner and developer must petition the City to install all necessary streehs and utilities; and " S�1[iEREAS, Piina, SCat, s429.031 subd. 3 provide that if all of the owners of real �roperty petition the City to construct impxovements and if . the entire assessmenis are to be made against the property of the petitioners. the City may tlien oxder the improvement without a public hearing; and .WHEREAS, S 6 H wishes to proceed with the preparation of plans and . specifications for said streets and utilities prior to the closing date and agrees to place in escrow with the Ci[y a sufficient cash deposit to cover all costs incuxred by [he City in preparing sa�id plans and specifications; and WHL�REAS� S 6 R agrees to �indemnify the City for all costs of preparing said plans and specifications and further agrees to hold Sears harmless from the said costs; and � � - WNERiAS, all parties agree that no constxuction shall commence on said proper[y until after the closing between Sears a�,S 6}I, � NOW, TfIEREFORC, be it agreed by the partieseas f.ollows: � 1. That puxauant to the Eerms of the above Agreement� Sears and S b}I petition the City to w,ive the notice of pablic henring nnd order the etreet end utility improvement project. Q 10 A � I E �� SEARS,�ROEBU K A1iD 0. . � . �. /' i�j Dated: ' '1 ,�� ! . �Y: � ...1�,��Il %��.,-- l � ,..�G��rrp u/•/ncC/�%rl �K• flssr: -,6 C-7cEC. (/.P S & li COMPAN7f . � 1 / �: � � i Aated: ...��!.yFh.�..��.. _. . . By:,G1.✓;J.-.,.., 1�� / ....: _ � � � �:._:_:.:: Ftobert H. Schroer � CITY OF FRIDLLI - � Dated: . � .......... . ... . By : .... .. ... . .. ... . ... .. � . ..... ...................�.. xy:.'" ., �r . � WC�V[n,Te4l[ 6 i � r 0 RESOLUTION N0. A RESOLUTION ORDERING IMPROVE�4ENT AND FINAL PLANS AND SPECIFI- CA7IONS AND ESTIMATES OF COSTS THEREOF: WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT #127 WHEREAS, ResoTution No. adopted on the day of , 1979, by the City Council, received an agreement to waive the public hear- ing on the proposed improvements, as specifically noted in the agreement attached thereto for reference; and WHEREAS, all of the property owners whose property is liab]e to be assessed with the making of the improvements (as noted on said agreement) have signed the agreement requesting the improvements and constitute 100� of the property owners who will benefit from the improvement and do waive the right to a public hearing which is allowed under the normal procedures set forth in Minnesota statutes Chapter 429. NOW TNEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. are hereby ordered to be effected and completed as soon as reasonab7y possible, to-wit: Watermains, Sanitary Sewer Services and Storm Sewer and Related Appurtenances Located as Follows: PACO INDUSTRIAL PARK 2. That work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That the City Engineer, Richard N. Sobiech, and the City's Consulting Engineers are hereby designated as the Engineers for this improvement. They shall prepare final plans and specifications for the making of such improvement. AQOPTEp BY THE CITY COUNCIL OF THE CITY OF FRIDL'EY THIS DAY OF _ , 1979. ATTEST: ayor -� iam J, ee tty C er - arvin C. Brunse 11 12 MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech; Public Works Director MEMO DATE: May 31, 1979 SUBJECT: Change Order No. 1 for St. 1979-1 5treet Improvement Project Attached, please find a resolution and change order pertaining to adding certain improvements to the existing 1979-1 Street Improvement Project. As noted, the resolution indicates certain street and alley improvements which will be added to the exist- ing contract. In addition to the streets and alleys, it is recommended that Park Department tennis court and parking lot improvements also be added to the contract to take advantage of very competitive prices. It is requested that the City Council consider adoption of the resolution ard execution of the change order at the regutar Council meeting of June 4, 1979. RfdS : i k Attach: 2 12 A RESOLUTION N0. �'1 RL'SOLU7'T0:1 ORllEP.ING I;•iPROV�;tEIvT, APPROVAL OF PLANS AND AUDING PROPOSED I;-1PROVE��:EPiT OF ST2ELTS UNTO T}{E EXISTING STREET Ii�IPROVFi�•IE�T PROJECT ' ST. 1979 _4 (Change Order #1) . . � _ 19F[EREAS, the Resolutions sholan in iront of the streets named beloiv, adopted by the City Council, set the date for ' hearin� on the proposed improvenents, as specifically noted in the \totice of tfearings attached liereto for reterence as EXHIBIT ^e1", and iVHTREAS, all property owners whose property is liaUle to be assessed witli the making of thz improvements (as noted in said notice) were given ten (10) days notice by mail and published i:otice of the Council hearino throu�h ti,ro (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, or the Council received a petition requesting that the Public Hearinq be waived.. NO1V; THEREFORE, EE IT RESOLVED, hy the Council of the City o£ Fridley, Anoka County, Minnesota, as follows: 1 1. That the following i�nprovements proposed by the Counci2 Resolutions are hereby ordered to be ef£ected and completed as soon a's reasonaUly posszble, to-wit: (a) The following improve;�ents as noted in the Notice of Hearing: Street inprovenents, including grading, stabilized base, hot-mix, bituminous mat, concrete curb and gutter, and incidental drainage and other Eacilities Street or q�le Alley in Hyde Park (between 59th and 60th Avenues; and 2nd and 2; Streets) Public ifearing Resolution 60-1979 Adopted 4-23=1979 Burlington Northern Industrial Plat - }}9_1979 4-2-79 (Industrial Blvd, - 53rd Way to 52nd Way; 52nd Way - Industrial Blvd. east) PUBLIC VlORKS DEPARTI4ENT Engineering Division City of Fridley Fridley, Minnesota NUH, Incorporated 7�70 Industry Avenue NW Anoka, idN 55303 Re: Change Order #1, Street Improvement Project St. 1979-1 Gent}emen: You are hereby ordered, a��thorized and instructed to modify your contract for Street Improvement Project St. 1979-1 by adding the following estimated quanti- ties for the additional total price�of �rigures) As these are estimated quantities, the basis of payment would be on the actual quantities of work performed and the following unit prices. ADDITIONS INCLUDES THE fOLLOWING ITEIdS: A. l. Al1ey construction located between 59th and 60th Avenue and 2nd and' 2Z Street. -- 2. 6reat Northern Industrial Park located east of East River Road, and south of I-694, connecting Industrial Blvd. I TEf4 1. Adjust frame and ring casting 2. Adjust gate valve 3. Co�renon excavation 4. Crushed rock for drive (Class II) 5. Topsoil borrow 6. Sod 7. Aggregate base Class U 8. Conc. curb & gutter (Design B-618) 9. 2341 Binder (.04%) Course mixture APPR�XIMATE QUANTITIES 9 2 240 cu. yds. 15 ton 100 cu. yds 450 sq. yds. 2,609 ton 2,600 lin. ft. 720 ton UNIT PRICE $ 75.00 50.00 2.40 12.00 4.00 .90 5.00 AfdOUNT $ 675.00 100.00 576.00 180.00 400.00 405.00 13,045.00 5.30 13,780.00 10.50 7,560.00 � C Change Order �1 St. 1979-1 =2- ITEId APPROXIMATE QUANTITIES UNIT PRICE AMOUNT )0. Wearing course 60 ton $ 1Q.50 $ 630.00 mixture (.06%) 11. Bituminous material 32.40 ton 105.00 3,402.00 for mixture TOTAL.......... $ 40,753.00 B. 1. Parking lot at Commons Park in the hockey rink area 2. Parking lot located at 5815 Arthur Street (naturalist office) ITEM APPROXIP1ATE QUANTITIES UNIT PRICE Ai�OUNT 1. 2" 2341 wearing 3,748 sq. yds $ 5.20 � 19,489.60 course, w/.06Y oil 4" aggregate base (Class U) Subgrade preparatien TOTAL.......... $ 19,489.60 C. Tennis court located adjacent to North Park School Playground on the south end at the intersection of Lynde Drive and Fillmore Street. ITEM APPROXIMATE QUANTITIES UNIT PRICE Af+lOUNT 1. Subgrade preparation Lump sum $ 2,500.00 2" aggregate base Class V 2. 1 Z" 2341 binder course (.04%) i Z" 2341 weari ng course (.06%) 1,600 sq. yds. Total Change Order #1 Original Contract Price Change Order #1 Revised Contract Price 5.20 8,320.00 TOTAL.......... $ 10,820.00 5 71,Ob2.60 $324,552.93 $ 71>062.00 $395,615.53 The completion date for Street Improvement Project 1979-1 and 1979-2 has been revised from August 15, 1979 to September 15, 1979. �� -3- Change Order �1 St. 1979-1 12 E Submitted and approved by Richard N. Sobiech, Public Works �irector on the 24th day of y, 197 � Prepared b � L,��(� e �.� Checked by ; .� �.1�� 1 Richard N. Sobiech, P.E. Public tJorks Director .1 Approved and accepted this � 3 day of /V�q �, 1979, by NDH, Incorporated. NUH, Inc rporated �� , � � �� .r BY Title �� Approved and accepted this Z 3 day of /lilk y, 1979 by the City Council William J. Nee - Mayor Nasim M. Qureshi - City Manager MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director Y MEMO DATE: June 1, 1979 SUBJECT: Bids on Street Improvement Project St. 1979-10 Please be advised that bids were received and opened for the referenced project on May 29, 1979. The low bidder for both the base bid and Alternate "A" was Allied Blacktop. Allied Blacktop has performed satisfactory work for Fridley in the past; and therefore, it is recommended that they be awarded the contract in the amount of the base bid price of $34,689.25. RNS:ik 13 Projec,t - Street Improvement Project No. 1979-10 (Seal Coat) Bid Opening: May 29, 1979 - 11:00 a.m, ' Cit of Fr' � PLANfiOLDF�2 BID DEPOSIT BAan^ PID ,Allied Blacktop State Suret Co. Bid: 3601 - 48th Avenue North y $34,689.25 Mpls. 55429 5� Alt. A: $36,327.15 Batzer Construction Co., Inc. P.O. Box 1025 St. Cloud, MN 56301 No Bid Attn: Karl J. Olson � Bituminous Roadways Fireman's Fund Bid: . $36,388.39 2825 Cedar Avenue So. ' Mpls. 55407 5% Alt. Ai' $38,353.87 • Tom Haller. . �.L. Shiely,Co. -� 1101 Sneliing Avenue No. No Bid St. Paul 5510$ Bili Francis � Bituminous Consulting & Contracting Co.; Inc. No Bid 2456 Main Street N.E. Mpls. 55434 G.J. Payne Co. 1986�Asbury Street No Bid St. Paul 55.113 Ray Frauenshuh � _"'�^�--- �� . = � e � � � 13 A � Cd.�iPLEt'SO:d I DATE F.OR CONCURRI'_�10E BY THE ciTY coutici� - ESTIP9ATES 15 ,JUNE 4, 1979 Halvorson Construction 4227 165th Avenue N.E. Wyoming MN 55092 Estimate �5 - 1979 Miscellaneous Concrete Curb and Gutter Contract N.D.H. Asphalt, Inc. 5400 Industry Avenue Anoka, MN 55303 Estimate #1 - Work to Date, ST. 1979-1 Estimate #1 - Work to Date, ST. 1979-2 ISLANDS OF PEACE PROJECT (To be paid out of interest money) Fridley Our Own Hardware 214 Mississippi St. N.E. Fridley, MN 55432 Screen for door repair and labor Chaiq for chain saw Saw sharpener Lawn mower belt Rope Chain Master lock Satellite Service 2530 Xenium Lane North Minneapolis, MN 55441 Trailer rental for May $ 8.77 16.30 4.95 6.54 5.20 17.90 5.49 65.15 110.25 TOTAL $175.40 � 568.13 $ 17,752.50 3,482.30 -� �) f'.0� CONCURRLPiCE L3Y 7f-IE CITY. CUUNCIL — �,I�;�$E$ 16 •� June 4 1979- Renewal. �pe qf License: �: Approved By: Fee • � — Cigarette A & W Restaurant 7429 East River Road Fridley, Mf� 55432 Assurance Mfg. 7753 Beech Street �dE Fridley, MN 55432 Barry Blowers 99 77th Way NE Fridley, MN 55432 Beyers Texaco 6071 University Ave idE Fridley, Mi� 55432 Big 4Jhee1 7451 East River Road Caballero Restaurant 7610 University Ave fJE Fridley, MN 55432 Carter Day 500 - 73rd Avenue P�E Fridley; MN 55432 Cub Foods 240 Osborne Road NE Fridley; MN 55432 Dealer Manufacturing Co. 573D.Main Street NE Fridley, MN b5432 6odfathers Pizza 7910 University Ave NE Fridley, MN 55432 Hudson Oil Company 7315 Highway #65 PJE Fridley, MN 55432 Kurt Manufacturing 528� Main Street NE fridley, MN 55432 Menard-Cashway Lumber 5351 Central Avenue NE Fridley, MN 55432 Raymond J. Dimr�er Bob's Vending - Servomation Twin City Douglas Anderson Acorn Vending John 0. Eikeland ARA Food Service Ernest Thueson Sir Vend, Ince Dan Joseph Vap Koch Marketing Co. Sir Vend, Inc T. W.Schwartz m James P. Hill„ 12.00 Public Safety Director , Janes P. Hill 12.00 . Public Safety Director James P. Hill Pu61ic Safety Uirector James P. Hill Publ.ic Safety Director James P. Hill Public Safety Director Janes P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P,. Hi 11 Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill PubTic Safety Director 12.00 . 12.00 12.00 �z.00 24.00 12.00 12.00 •12.00 12.00 12.00 12.00 Type of License: Cigarette Continued Onan Corporation 1400 - 73rd Avenue tdE Fridley, MiJ 55432 Pakolly's Pizza 7893 East River R4ad Fridley, MN 55432 Penny's Super Markets 6540 University Avenue NE Fridley, MN 55432 Perkins Cake & Steak 7520 University Ave NE Fridley, MN 55432 Pollies Place 6225 Highway #65 NE Fridley, MN 55432 RAO Manufacturing 200 Mississippi St NE fridley, MN 55432 Reserve Supply Company 5110 Main Street NE Fridley, MN 55432 Ronnie's Bar 240 Mississippi St NE Fridley, MN 55432 Sam's Pro Service 7250 Central Avenue NE Fridley, MN 55432 The Salvage Center, Inc. 51 - 37th Avenue NE Fridley, MN 55421 Servomation Twin City 7490 Central Avenue NE Fridley, MN 55432 Skywood Cleaners 5251 Central Avenue NE Fridley, MP� 55421 �� Servomation Twin City Patrick Kolb Marion Levine James Bracken Franci s F4ager Bonine Vending Sir Vend, Inc James & Ronnie Hennessey K & K Vending James A. Dowds Donald W, Hansen Specialized Vending & Prodcuts Stan & Bill's Country House Stanley �ulson & 1301 Mississippi St NE William Kaehn Fridley, MN 55432 Approved B_,+�; James Po 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. Hi11 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 Strite Anderson Mfg. Co Servomation Twin City James P. Hill 7585 Viron Road P�E Public Safety Director Fridley, MN 55432 16 Fl Fee 108.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.0- 12.00 12.00 Type of License: Cic�arette Continued Swings Spurette 6485 East River Road Fridley, MN 55432 Totino's Foods 7350 Commerce Lane NE Fridley, MN 55432 Town Crier Pancake House 7730 University Ave NE Fridle,y, MN 55432 Viking Chevrolet Inc 7501 F4ighway #65 NE Fridley, MN 55432 Western Stores 7600 University Ave NE Fridley, MN 55432 Wickes Furniture 5353 East River Road Fridley,MN 55432 Zantigo 5905 University Ave NE Fridley, MN 55432 Fireside Rice Bowl 1160 Fireside Drive PdE Fridley, MN 55432 Entertainment Canterbury Pub 6479 University Ave NE Fridley, P1N 55432 Caballero Restaurant 7610 University Ave NE Fridley, Mfd 55432 Pollies Place 6225 Highway #65 NE Fridley, MN 55432 Food Establishment Canterbury Pub 6479 University Ave NE Frid}ey, MN 55432 �� John Swingdorf ARA Food Services Craig J, Vargo K. G. Isaacson R. Clark Interstate United KFC National Mgm Co Oliver Tam John T. Lenhart John Eikeland Francis L. Mager John T. Lenhart Approved Bv: 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 f'ubiic Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Nill Public Safety Director James P. Hill. Public Safety Director James P. Hill Public Safety Director �ar�es P. Hi 11 Public Safety Director Steve Olson Health Inspector Caballero Restaurant John Eikeland Steve Olson 7610 University Ave NE Health Inspector Fridley, MN 55432 16$ Fee 12.00 12.00 72.00 12.00 12.00 72.00 72.OQ 12.00 70.00 70.00 70.00 35.00 35.00 Type of License: Food Establishment Continued Cub Foods 240 Osborne Road NE Fridley, MW 55432 Fireside Rice Bowl 1160 Fireside Drive NE Fridley, MN 55432 Fridley A & ld Restaurant 7429 East River Road Fridley, MN 55432 Godfathers Pizza 7910 University Ave NE Fridley, MN 55432 P4enard-Cashway Lumber 5351 Central Avenue P�E Fridley, MN 55421 Pakolly's Pizza 7893 East River Road Fridley, MN 55432 Lenny's Super t�arkets 6540 University Ave P7E Fridley, MN 55432 Perkins Cake & Steak 7520 University Ave NE Fridley, t4N 55432 Pollies Place 6225 Highway #65 NE Fridley, MfJ 55432 Ronnie's Bar 240 Mississippi St NE Fridley, MN 55432 Servomation Twin City 7490 Central Ave NE Fridley, MN 55432 �� Ernest Thueson Oliver Tam Raymond Dinmer Qaniel Vap T. W. Schwartz Patrick Kolb f4arion Levine James Bracken Francis Mager James & Ronnie Hennessey Donald W. Hansen Stan & Bill's Country House Stanley Julson 1301 Mississippi St NE William Kaehn Fridley, MN 55432 Swings Spurette 6485 East River Road Fridley, MN 55432 Town Crier Pancake House 7730 University Ave NE Fridley, MN 55432 John Swingdorf C. Vargo Approved By: Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Nealth 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 Oison Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector , 16 C 1=ee 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 Type of License: Food Establishment Continued Western Stores 7600 University Ave NE Fridley, MN 55432 Zantigo 5905 University Ave PdE Fridley, P4N 55432 Food Uehicle Servomation Twin City 7490 Central Ave NE Fridley, MN 55432 � Roger Clark KFC National hlgn Donald W. Hansen Itinerant Food Permit Burlington Northern, INc. Shirley Sutton 80 - 44th Avenue NE Fridley, MN 55421 Discharqe of Firearms Stanton 0. Berg 6025 Gardena Lane NE Fridley, MP� 55432 Stanton 0. Berg Go1f Course - Drivinq Ran e Fridley Golf Driving Range Roger M. Jones 8100 University Ave fdE Fridley, MN 55432 Junk Yard - Auto Recvcled - Dick's Auto Parts Richard Lorentzen J360 Central Avenue NE Fridley, MN 55432 The Salvage Center, Inc. 51 - 37th Avenue NE Fridley, MN 55421 Private Gas Pump Menard-Cashway Lumber 5351 Central Avenue NE Fridiey, MiV 55421 Viking Chevrolet Inc 7501 Highway �65 P�E Fridley, MN 55432 Approved av: Steve Olson Health Inspector Steve Olson Health Inspector Steve Olson Health Inspector Steve OTson Health Inspector James P. Hill Public Safety Director James P. Hill Public Safety Director 1G D Fee 35.00 35.00 135.00 25.00 25.00 30.00 Darrel Clark, Bldg. Insp. 275.00 James P. Nill Public Safety Director James A. Dowds Darrel Clark, Bldg. Insp. 275.00 James P, Hill Public Safety Director T. W. Schwartz K. Isaacson Darrel Clark, Bldg. Insp> Robert Aldrich Fire Inspector Darrel Clark, Bldg. Insp. Robert Aldrich Fire Inspector 20.00 20.00 �� Retail Gasoline Sales Hudson Oil Co. 7315 Highway #65 NE Fridley, MN 55432 �� Koch Marketing Co. Stan & Bill's Country House Stanley Julson 1301 Mississippi 5t NE William Kaehn Fridley, f4W 55432 Swings Spurette 6485 East River Road Fridley, fdN 55432 Western Stores 7600 University Ave NE fridley, MN 55432 Beyers Texaco 6071 University Ave NE Fridley, ��iN 55432 Vendinq. f4achine Barry Blowers 99 - 77th Way NE Fridley, MN 55432 Beyers Texaco 6071 University Ave NE Fridley, MN 55432 Big Wheel 7451 East River Road Fridley, MN 55432 Carter Day 500 - 73rd Avenue NE Fridley, MN 55432 Cub Foods 240 Osborne Road ��E Fridley, MN 55432 Dealer Manufacturing Co 5130 Main Street NE Fridley, MN 55421 Approved B_y: Darrel Clark, Bldg. Insp Robert Aldrich Fire Inspector Darrel Clark, Bldg. Insp. Robert Aldrich Fire Inspector Fee 16 [ 60.00 60.00 John 5wingdorf Darrel Clark, Bldg. Irisp. 60.00 Robert Aldrich Fire Inspector Roger C7ark Darrel Clark, Bldg. Insp. 60.Q0 Robert Aldrich Fire Inspector Douglas Anderson Servomation Twin City Douglas Anderson Acorn Vending ARA Food Services E. R. Thueson Sir Vend Inc Fridley Golf Driving Range Roger M. Jones 8100 University Ave NE Fridley, MN 55432 Kurt Manufacturing 5280 Main Street NE Fridley, MN 55432 Sir Vend, Inc. Darrel Clark, Bldg, Insp. 60.00 Robert Aldrich Fire 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 Onan Corporation Servomation Twin City Steve Olson 1400 - 73rd Avenue NE Health Inspector Fridtey, MN 55432 165.00 15,00 15.00 210.Q0 45,00 90.00 90.00 1,080.00 Licen Vendina f�achine Continued Penny's Super Markets 6540 University Ave NE Fridley, MN 55432 RAO Manufacturing 200 Mississippi St tJE Fridley, MN 55432 Reserve Supply Company 5110 Main Street NE Fridley, MN 55421 The Salvage Center, Inc. 51 - 3.7th Avenue NE Fri dl ey, MfJ 55421 Servomation Twin City 7490 Central Avenue �dE Fridley, t�1N 55432 Skywood Cleaners 5251 Central Avenue NE Fridley, MN 55421 Strite Anderson Mfg, Co. 7585 Viron Road NE Fridley, MN 55432 Swings Spurette 6485 East River Road Fridley, MN 55432 Totino's Foods 7350 Cortenerce Lane NE Fridley, MN 55432 Viking Chevrolet Inc 7501 Hi9hway #65 NE Fridley, MN 55432 Wickes furniture 5353 East River Road Fridley, MN 55421 Binqo. Fridley VFW Post 363 1040 Osborne Road NE Fridley, MN 55432 �� Marion Levine Bonine Vending Sir Vend Inc James A. Dowds Donald W, Hansen Specialized Vending & Producis Servomation Twin City John Swingdorf ARA Food Services K. G, Isaacson Interstate United Rudy IVessman Approved B.y: Steve Olson Nealth 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 James P. Hill Public Safety Director Ro6ert Rldrich Eire Inspector 1G 'F Fee 30,00 45.00 45.00 30.Q0 60.00 45.00 195.00 15.00 195.00 60.00 135.00 250.00 �� Taxicab Columbia Taxi 903 - 40th Avenue PJE Columbia Heights, PhN 55421 Fridley Cab 5740 University Ave NE Fridley, MN 55432 Town Taxi Company 7440 Osford Street Minneapolis, MN 55426 On Sale Beer Pollies Place 6225 Highway #65 NE Fridley, MN 55432 Ronnie's Bar 240 Mississippi St NE Fridley, MN 55432 Pizza Hut 255 - 57th Avenue NE Fridley, MN 55432 Temporarv On-Sale Beer 'figer Hockey Boosters Commons Fields Fridley, MN 55432 �' John LaP7ont Frank Gabrelcik Approved By: James P. Hill Public Safety Director S. Olson, Health Inspector James P. Hill Public Safety Director S. Olson, Health Inspector Fee 55.00 45.00 Steven A. Harvey James P. Hill 60.00 Public Safety Director S. Olson, Health Inspector Francis Mager James & Ronnie Hennessey William C. Ferril Jim Becker Dolly McPhillips James P. Hi71 Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director 250.00 250.00 250.00 Exenpt F.OR CONCURRENCE DY TNE ClTY COUNCIL - LrcarsES I� ;i JU�1E 4, 1979 ' GAS SERVICLS SJnique Indoor Comfort .474t3 Nicollet Avenue South Minneapolis, hIN 55409 GEPIERAL CONTRACTOR Davco Builders Inc. 464 - 2nd Street Excelsior, t+IlV 59331 By: Jerry Henrich By: David Helmers Northwestern Builders 8053 E. Bloomington Freeway Bloominqton, hLY 55420 By: Mark Reynolds R. H. Romens Construction Co., Inc. 1605 Excelsior Avenue West Hopkins, NIN 55343 ' By: R, H. R�nens HEATING Airco.Heating & Air Cond, Co. 4014 Central Avenue N.E: Minneapolis, t7[J 55421. By: Miles Walthour Unique Indoor Comfort 4748 Nicollet Avenue South ' � Minneapolis, NIl9�55409 . By: Jerry Henrich � ROOFING . � � Homestead Contractors- - � . . - P.O. Box 24204 • Minneapolis, iMi 55410 By: Paul Eckberg MASONRY .. . � � � � . O,L.S. Masonry Inc. � � 19529 Jackie Lane � ' Rogers, MN 55374 By: Robert Schmidt '. APPROVED IIY . WILLIAM SANDIN � Plbg. Htg. Insp, DARREL CLARIC � Chief Bldg, Off. DARf2EL�� CLARK � � Chief Bldg. Off. DARR�L CLARK Chief Sldg. Off. ,..WILLIAM SANDIN Plbg. Htg. Ins�S. � WILLIAM SANDIt1�- � � Plbg. Htg. Insp; � DARREL CLARK DARREL CLAF2K Chief Bldg, Of�, FOR.CONCURRENC� BY.TNE CITY COUNCIL — LICEroSES June 4, 1979 ' 16 I I MULTIPLE DWELLING LTCENSE .. OWNER• : " ADDRESS '.UNITS .'FEE � APPROVED BY: LaVerne E. Dingley . 6035 t4ain St. NE 4 $7.50 R.D. Aldrich, 6035 Main St. NE . Fire Chief Fridley, MN 55432 � , . . PERMIT fOR FIRE410RKS DISPLAY NAME & A�DRESS . DATE OF DISPLAY APPROVED�BY: 100 Twins Drive In Theatre July 4, 1979 R.D. Aldrich, c/o Gerr.y Herringer Fire Chief � 4121 Stinson Blvd. PlE Columbia Heights, MN 55421 7 "� .. �ps e..ai<v Anoka�Henrauin �isblm t i Scle�m Cnalrman �. WYter J. 6rxkenNtlge Oire�[or Emeriws. Beli Mvseum ol Nalunl Mixtory r. N�i� A. Chei�temen Treasurer '. Oau9 GermrE Metivanics Corpora�ion :.JUtlith A. Jmiak Secretary �. KatM1lean K<mper '. William Kna(1 Civil Enginaer . �. o,.m rne�n flewarch Blologist U. S. fish antl Wildlife Service . Comtarc,e 0.btolf �.Vernon L.MO¢n C�air '. Doyle O. hbllin . E. A. Potrence�o wre cna;.ma� . Wayne E. Sempson r. o..m scnHi 5[ate $enamr � Minnesota DisVict No.96 ��. Jenice R. Seegar '. WY�n Smith LegalAdriso� '. LavAna Sporre InremationalBmtM1erM1OOtl ofTeamsters � Den HuH fridley Ciry Neroraliat �. oo�.m e. u..,.,,u Foiesmroleonnv Univertity of Minresota . Hrrinn B. TwtloH Direcmr, Bell Muuum of Nawrai Hinwy etions shoxn sre br identifironon tlo �rot carunture mdorsemm[ May 1, 1979 Fridley City Manager and Council Civic Center 6431 University Avenue Northea�t Fridley, Minnesota 551+32 Gentlemen: Springbrook 17 Nature Center Foundation Box 32323, Fridlcy, Minncsota 55432 (612) 571-6743 Considering that the Springbrook Nature Center lease expires February 29, 1980, we have less tY�an a year remaining of the five year lease term. Regard this letter as our Progress Repor't for Calendar Year 1978. F'UNDING With the payment to the City of Fridley of a bill for miscellaneous charges in the amount of $182.52, our year-end Treasurer's report is up to date. Cash balance at the end of 1978 is $l,592.91. 1. Interest in L,th quarter about $50.00 2. $100 contribution from Fridley State Bank. 3• The State Natural Resources $27,000 Grant k�as been matched and the work designated under the grant will be completed with the extension of sewer and water into Springbrook. A bid has been approved for this work and it will be eompleted in the spring of 1979. LAWCON GRANT STATUS Final application for the grant was prepared £or submission at the end of 1978 in the following detaiL• Application for $253,000; Federal - $126,500; State - $63,250; our share - $63,250. 1. Park and access improvement a. parking lot b. barrier fencing around parking $ 23,000 6,b00 17A -z- 2. Slipport structure a. building including architecture fees b. sewer, water and underground eleetrical facilities 3. Trail development a. handicapped trail b. educational trail c. hiking trail d. clearind and grubbing . e. boardwalk developmeni; 4• Overlook areas a. observation deck $150,000 15,000 2,000 3,000 1, 600 1,000 5,000 �,000 5. Landscape and general site unprovement 20,000 6. Engineering and site planr.ing Springbrook Activities 1978 22,000 $253,000 1. Sumraer CETA Youth Program 5 young people worked at Springbrook Nature Center for 3 weeks - 35 hours per week for a total of 525 hours of trail improvement and park maintenance activities. 2. Day Nature Camp Program Playground kids in Fridley were brought to. Springbrook Nature Center for a full day of activities. 3. Hockey warming house was located at Springbrook Nature Center for the surmner. Two CETA naturalists had of£ices there £or programing June through September. ti. Assisted by naturalists, volunteer groups planted 1500 seedling trees from the Minnesota Department of Natural Resourees received through Anoka County Extension Service. 5. A self-guiding brochure became available to the public at Springbrook Nature Center with distribution boxes donated by a loeal resident. 6. State Fair F�chibit - 17,000 visitors directly contacted with exhibits from the nature center.