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09/10/1979 - 5642PETER FLEMING ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING SEPTEMBER 10, 1979 �lEMO T0: �RIDLEY CiTY - C4U�VC t L . i�EGULAR ��IEETIf�G — SEPTE��iBER 10, 1979 — 7:3.0 P.►�1, DEPARTMENT HEADS FOLLOt�ING ARE THE "ACTIONS P�EEDED"� PLEASE HAVE YOIiR ANSWERS BACK IN THE CITY MANAGER'S OFFICE BY THE ��EDNESDAY BEFORE THE NEXT REGULAR COUNC I L MEETI NG . TH�iNI< YOU ��J��,�',�,,`,A� l9 /9 � 9� APPROVAL OF P� I �JUTES : . . PiIBL I C iiEAR I NG, au�usT 13, 1979 - � �.. - .._:. Approved . t�EGULAR i'�EETING, r�tiGUST ZO, I9%� . Approved ADOPTIO�f OF AGE��DA: . . Add: Consideration of Auctioneer's License - Charles.Weinberger � P�tOCLA��1�TIU��: . �ONSTITUTIOiJ ��iEEK, $EPTEh1BER 17-23, 1979 . � , . . . . . 1 OPE�a FORUiI, VISITORS: �CONSIDERATION OF ITEPIS NOT ON AGENDA - 1� i�IINiITES) � � , REGULAR 1�EETING, SEPTEMBER IO� 1��9 PAGE Z PUBLI�C NEARI i�G : � . ! PUBLIC NEARING ON PROPOSED PROJECT FOR ISSUANCE OF - . �I,O��,�OO INDUSTRIAL DEVELOPMEiJT REVENUE BOND T0. � �'�EDTRON I C, I NC � UNDER Ti�E i'�UN I C I PAL I NDUSTR I AL DEVELOPMENT ACT, ��INNESOTA STATUTES, CHAPTER 4T4, AS At�1ENDED � . � � . � . � . . . . . �. . . . . . . . : . . . 2 -' 2 E Hearing Opened 7:43 P.M. � � :• � Closed 7:48 P.M. � Resolution adopted - See Item #12 for action needed - OLD BUSI�lESS: CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT $P �,'-79-0�, FR I DLEY �`�ETHOD I ST �HURCH (6�6 :�� I SS I S S I PP I STREET) CTABLED `ci/20/%�) � . . . . � � � . . . � . � . . . . 3 - 3 1 Special Use Permit approved contingent upon stipulations BLIC WORK ACTION NEEDED: Inform applicant of Council action � CONSIDERATION OF SECOND �'EADING OF AN ORDINANCE ANIENDING CI-1A!'TER lll OF THE CITY �ODE 0� THE �ITY � OF FRIDLEY ENTITLED LICENSING FOOD ESTABLISHMENTS � AND FOOD VEND I NG i�iACH I NES � � � � � . � . . � � . . . � . � � - 4 A Ordinance No. 699 adopted ;I7Y MANAGE ACTION NEEDED: Publish ordinance in Fridley Sun 0 ❑ . � • � . ,- .- : , I . -Y . • - . i��E'�J BUS I iJESS : � . . . _ � . ' . . j��CONSIDERATION OF FIRST READING OF AN ORDINAiVCE �� ' AMENDING CHAPTER 11, $ECTION II�I.O, OF FRIDLEY • CITY CODE RELATING TO FEES ii`iULTIPLE 1�WELLINGS)� �... S- S A Reading waived. Approved on first.reading FINANCE � ACTION NEEDED: Put back on next regular agenda for consideration of second . reading ' . . , • IC WOR RECEIVING T�iE PLANNING �OMP�IISSION i�1NU7ES OF Ausus-r 22, 1979 . . . . . . . . . . . . . . . . .� . , . . 6 - 6 DD 1.. Consideration of Special Use Permit, SP #79-08 . .to allow construction of dauble bunga7ow in R-1 zon�ing, by Exemplar, Inc: (7582-84 Able - Street). . . . . . . . . . . . . . . . . 6A - 6K P.C. Recommendation: Denial of�request. �•�& 6AA, 68B . Council Action Required: Receive letter from Exemplar, Inc. to withdraw request � Received letter requesting withdrawal � NO ACTION NEEJED , : 2. Consideration of Rezoninq�Request, ZOA #79-06, � to rezane from C-2S to M-1 for construction of • new industrial buil'ding, by James E. London and Michael D. Gannucci (1175 - 732 Avenue). . . . . . . 6K - 6�f P.C. Recommendation: Appraval of request & 6CC, 6DD Council Action Required: Consideration of ' recommendation Set public hearing for October 15, 1979 ' ACTION NEEDED: Make arrangements for public hearing i , - t�EGt3LAR �iEETIfVG, SEPTEMBER ll�, l�%9 PAGE �4 , � � r (�E �� BUSI��ESS �CONTINUED) _ i � CONSIDERATION OF APPROVAL OF REGISTERED LA.ND SURVEY . . FOR SOUTHERLY 4O ACRES OF SEARS P�OPERTY. �...�... � � � Approved , CI'iY MAiVAGER ACTION NEEDED: Proceed with purchase of property r. COVSIDERATION OF P�20POSED AMENDMENTS TO CABLE � TELEV I S I ON ORD I NANCE � � � � � . . � . . . . � . . . . . . � ' � B Tabled to next meeting of September l7, 1979 � CITY MANAGER ACTION NEEDED: Put on agenda of next meeting for consideration PRESENTATION OF PLAN FOR F��C PROPERTY BY A�NOKA ' - COUNTY PARK DI RECTOR � � � . � . . � �. � . . � . . �. . • • • 9 Concurred with County plan t� aequire FMC property for park purposes CITY MANAGER ACTTON NEEDED: Forward copy of minutes concurring with County plan to � • _ County Commissioners . CONSI'DERATION OF REVISED iJSP EASEMEPJT THROUGH LOCKE PARK ALONG 1�,4ILROAD TRACKS AND DELETION OF EASEMENT ALONG RESIDENTIAL PROPERTY SOJTH OF LOCKE PARK� �.... �.O — lO F -� Approved _ CITY MANAGE ACTION TAKEN:. Informed tJSP, gave .ther,� cfeeds and received money. . .. I . IC FINANCE e _ FINANCE 0 '' PUBLIC . . . EGULAR I�iEETI NG SEPTEMBER 1�, 1979 PASE 5 i�E;�i BUS I i�IESS � CONT I NUED � . ° � CONSIDERATION OF NOME OWNERSHIP PROGRAM UNDER TITLE I ' � OF THE HOUSING AND COMMUNITY DEVELOPf'IENT ACT OF 1974 AND EXECUTION OF AGREEMENT WITH FHR� FOR COMPLETING THE �iOME OWNERSHI P PROGRAM � � � � . . � � , . . . . � • . • . . 11 - 11 H Approved program and agreement � �KS ACTIOPd NEEDED: Execute agreement with FHRA 0 CONSIDERATION OF A RESQLUTION CIVING PRELIMINARY APPROVAL TO AN �GREEP1ENT� BETWEEtd i�IEDTRONIC, INC�� AND THE CITY OF F2IDLEY FOR THE ISSUANCE OF A�I,OOO,OO� INDUSTRIAL DEVELOPMENT i�EVENUE BQi�D� . � . � . � . . . . . 1Z — IZ D Resolution No. 98-1979 adopted � ACTION NEEDED: Proceed as authorized _ CONSIDERATION OF A RESOLUTION SETTING AN ELECTION FOR .COUN�ILMEMBER FOR i�ARD II, AND DESIGNATING POLLING PLACES FOR THE �IOVEMBER 6, 1979 E�ECrioN� . � � . � � . . 13 Resolution No. 99-1979 adopted ACTION NEEDED: Proceed as authorized - 0 0 CONSIDERATION OF �ESOLUTION TO ADVERTISE FOR�BIT�S FOR i�ALKING BRIDGE l��ATERIAL� � . � � � .� r . � � � . � � 14 - 14 Resolution No. 100-1979 adopted �� ACTION NEEDED: Proceed with advertising for bids � 1 . _ � ..... � FINA�ICE FINANCE REGULAR �iEETING, $EPTEMBER 1�, 1979 � Pa�E 6 �VE�rI BUS Ii�ESS �CONT I NUED� r CONSIDERATION OF A RESOLUTION�DIRECTING PREPARATION . OF ASSESSME�JT ROLL FOR 1��3 SERVICE �ONNECTIOPdS. �... 1� - IS A Resolution No. 101-1979 adopted ACTION NEEDED: Prepare assessment roll CONSIDERATION OF A RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED �SSESSMENT ROLL FOR THE I9�9 . $ERVICE CONNECTIONS � . . . . . . . . . . . � . . . � . � • Resolution No. 102-1979 adopted � � ACTION NEEDED: Arrange for pub]ic hearing � 15-16A CONSIDERATION OF A RESOLi1TI0N CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED ON�VARIOUS LOTS IN '� • BLOCKS � AND IZ, SPRIPdG BROOK PARK ADDITION� FRIDLEY, - -��1NNESOTA, FOR COLLECTION WITH THE TAXES PAYABLE IN 19�0, , , , , , , , , , , , , , , ; ,�, , . . :�. , . . . 17-17A � � Resolution No. 103-7979 adopted FINANCE ACTION NEEDED: Certify charges to County Auditor . • FINANCE CONSIDERATION OF A RESO�UTION DIRECTING PREPARATION OF THE FINAL'ASSESSMENT ROLL FOR TREATMENT AND REMOVAL OF TR�ES(1979),,,,,,,,,,,,,,�,,,,,,,, 13-13A Resolution No. 104-1979 adopted ACTION NEEDED: Prepare final assessment rol] � , , , _ NE!�! BUS I iaESS � CONT I PJUED) " "��---. ..COHSIDERATION OF A RESOLUTION� DIRECTING PUBLICATION , OF FIEARING ON THE PROPOSED ASSESSMENT iOLL FOR THE � TREATMENT AND i�EMOVAL OF TREES (1979). � � � . . � . . . 19�'— 19 A Resolution No. 105-1979 adopted with amendment on Lot 1, Block 1, � Van Cleaves Addition--tdesterly 14.2 feet � ' FINANCE ACTION NEEDED: Change resolution as adopted and arrange for public hearing FINANCE FINANCE . FINANCE CLA I MS � � � � � t � � � � • � • � � a � � • e r t � � � �O • Approved - � ACTION NEEDED: Pay claims � LICENSES. . . . , , , . , . . . . . �, . , . , . , . . , 21 — 21 A Added Auctioneer's License - Charles Weinberger � - Licenses approved - included Auctioneer's License � � ACTIOid NEEDED: Issue licenses � ESTIMATES, � . , . . � .' . . . . , . . . . . . .� . . . ZZ Approved ' ACTION NEEDED: Pay estimates � Introduced Kim Johnson - new intern At�JOU f��d � 0 M Don Wyszynski 266 Rice Creek Boulevard Fridley, Minnesota 55421 September 4, 1979 Members of the Fridley City Council: The attached resume summarizes my professional experience and educational background. For the last three years I have been directly involved in providing financing for the deve7opment of multi-family and single family housing. I have lived in Fridley for almost three years and am interested in becoming more involved in the community. Based on the above I would very much appreciate your consideration in appoint- ing me to the current vacancy on the Fridley Housing and Redevelopment Authority. Sincere7y, ti � Don Wyszynski ��; � � , .+ RESt1h1E for DO�J H . WYSZYPISKI , CPA PERSONAL Address: 266 Rice Creek Boulevard Fridley, Minnesota 55432 Horre Phone: (612) 574-1947 Business Phone: (612) 296-2293 Age: 31 Married: two children BUSINESS EXPERIENCE Minnesota Housing Finance Agency; April, 1976 to Present Director of Finance from Apri1, 1976 to June, 1978. Responsible for all accounting and financial activities of the Ageney inc7uding coor- dinating the sale of bonds, setting the interes� rates on loans made with bond proceeds, preparing cash f7ou� analyses, supervising the short term investment af Agency funds, and preparing budgets. Directly supervised seven employees. Served as Deputy Director from June, 1978 to present. In additior to being ihe chief financial officer, responsibility included the reviet�� anc! monitoring of all Flgency activity, and the setting of Agency policy in conjunction �rlith the Executive Director and program managers. The Housing finance Agency current7y has $750 mi7lion in tax exempt revenue bonds ou�standing tivhich ti�ere issued to provlde financing for unir�sureci mortgages for apartment developments and far insured mortgages far single family home buyers. Since April, 1976, $730 tr�il1ion in bonds have been issued, including $83 million in refunding bonds. Also, since April of 1976 the unrestricted fund balances of the Agency have grown from $2 miilion to over $11 million. Other accomplishments during the period include the negotiation of a $25 million line of credit a�ith a Chicago bank. Dayton Nudsan Corporation; September, 1974 to Apri1, 1976 Senior aaditor responsib7e for evaluating financial and op2rating controls in the corpo;ation and its operating companies. Also responsib�e for sum- marizi��g major findings into a report format and co►r�nunicating audit results to top management along with constructive suggestions for improving controls tivithin the corpora�-ion. 4lorked closely with the general accounting, finan- cial planning and analysis, and finance departmen�s of the corporation. Supervised from 1-3 staff assistants on each engagement. n BUSINESS EXPERIENCE - continued ' Coopers & Lybrand; June, 1971 to September, 1974 Senior accountant on audit staff, in charge of field work of audits in the banking, real estate development, service, manufacturing, and mining industries. Responsible for analyzing accounting records and financial statements of larger clients to ensure that proper accounting principles �are being followed. Work on smaller clients included the actual preparation of financial statements, funds flow statements, and applicable tax returns. Supervised from 1-5 staff assistants. ACADEMIC BACKGROUND B.S. in Business (1970) University of Minnesota with major emphasis in marketing and economics. B.S. in Accounting (1971) University af MinnesQta. Overall grade point average: 3.4 Major grade point average: 3.8 Passed CPA examination in November, 1971 RE FE REN CES Business and personal references availab7e upon request. 0 � � �� .� � l �� 1��cS �� , �� b �� - , � �� - G � : _ � -- - �` i • 0 �C1TY OF FRiOLEY, SUBJECT � 643'1 UNIVERS{TY AVE. Ne. APPLICATION FOR AtfCTIONEERS LIC�NSE FAtQt�BY. N{{V. 55438 t642) 571-3450 TO THE CITY COUNCIL OF FRIDLEY, MINNES07A: . . The undersigned hereby makes application��for an acutioneers license in accordance with Chapter 17 of the City Code of Fridley. _ I� o--o - - Fee ��$�for two days� ' Date,...' .. . �- �=,- �.. -;•• _:`_ _... -,• ---- �5 � $�D for a week Fee: � . -��'=: .- .. ' =. - . ._.: ...:..':�_ .':�; '. ` � �I20.00 yearly New App ication�1flr. Renewa ��'� �"� . --..r—_-,.....�._ Namei ''lz�z-�,�`�e��' -�! ��;vG�-��. . . .....Address:.. .. . �-� - .��, __. ... _.. .'.: .... . .' _:._ _ , , `�- • �� i/ ,��1` ' ,• . Business Name: �-��t�°`_.. . - . ... .. _.. --•- -... . .. .... .... �� '-�-��- Business Address; � �� G� -�j-�.;�`��- Phone No - _ `7 �% �� . � � .�. . . . . - : - . . . �: �: . :..: . _ -: . : ': . �:.. ...: .. � ': . ... . . . _. .... ..._ .... ..._ .... 1. Adress of proper�y wh�ere sale is to be conducted � �� '� �� /� C��-r�`v��%YL'.��,' - � - 2. Nature fo articles to be sold.. . .. . .�- .. �. .;. ..�....:.�:..:�:.:.:. :'�;.�::�.:':.':':.:':'.._':_ ,..•—.�.. �%� �t/� ,� �! 3. Owners of property where sale is�' 4. Owners of articles to be sold�� 5. Hours of sal e � � � � �_��'� ��'� �;, � � -� - � -�,�� . - �: : . � � � � �;-i7�`�� : �: -: . -:: ' . :'-: . :' :' . ': :' . ': �: . ": �: . ': . . . .�,: . 3��,f��7 �.. .....,... .:.. .: : --�:.•.�. .-: . .- 6. Propos ed da tes of sa l e . . . .��. ./../ .,� . . ��%v. . . . . �: : �: . �. : . �.� : . �: �: . ": : . -... .: .: . ': :" . �: . �. �: . . �. 7. Names, addresses and license number of auctioneers� �� /7��7��} �- -- . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n-r. .. . . . . �cef.['� �%F*! �" ' �J?)Y/J�i1�! • ••• 1 • •�tir 7 / - -- - - If motor vehicle sale state size and floor area of proposed-sale building��'.��'� 9. Plan for street parking ......,. . . . ' ..-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ': �. . ': . . �. . . . .. .. ; .. .. ..`�............� /�� --J . . .. � ��i� / I��•L'// "� 'L' Signature of App icant Please note: Section 11.11: The penalty for late payment of all licenses and permit _ fees as shown in Section 11.10 of the City Code shail be 25% of the amount of the fee if received from 1 to 7 days 1ate. If the payment is received more than 7 days after it is � due, the penalty shall be 50� of the fee. . FOR CITY USE ONLY: Department: Publ�ic Saf..Dir: 6y: ' Denied Approved � te� �. D;� �-��- CITY COUNCIL: A roved:� � � ��" � PP . enied:....... Date� .............�. � � . �: �«e �,Y ""' oat� _ .For Externct Us � , ��, ,-,.,,� �}- � i7 �`-�- ; _ ' t�.�,_. �V�. � �V\_ � � �``�� `�`�`'..�� °" _`"`=6- .~ % j S V , �s� �!r�' S7! �� `t�� c� �a'�� - � c:� �.�L;, . .�.<._ 1 `�c> 1' �c.�;;__. :� �� . � . � , _ �,N. � 'L `�r .� • , P :°� � �/��'v�`,��. �� . � - f ,. r 3 _� .� , `�,�� _. �f ��c� �.,�� e �'� - - - � �' ` - ��t C� �,lz`' �/ 1 � r �-..�_ c'`�� .,� l��c-:n-z.e.-� /J-Y . / _ _ . � 23? � I PUBLIC HEARING MEETIN6 OF THE FRIDLEY CITY COUNCIL, AUGUST 13, 1979 CALL TO ORDER: Mayor Nee called the public hearing meeting of the Fridley City Council to order at 7:30 P.M. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilwoman Moses, � Councilman Schneider, and Councilman Fitzpatrick � , MEMBERS ABSENT: None ( ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, M«yor Nee declared the motian carried unanimously. � PUBLIC HEARINGS: REZONING REQUEST, ZOA #79-05, BY R. C. WITT CONSTRt7CTI0N: MOTION by Councilman Fitzpatrick.to waive reading of the public hearing and open the hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:35 P.M. Mr. Sobiech stated that this was a request for rezoning at 6330 and 6370 Central Avenue, Lots 2 and 3, Block 1 of Herwal Rice Creek Terrace. The request is to rezone from the existing M-1 to CR-1 which is general office and limited business to allow construction of an office building. The Planning Commission had a public hearing on July 11, 1979, and recommended to Council approval of the rezoning request with a couple stipulations. The first stipulatiori is that the drainage plan be approved, secondly that adequate screening be provided between this property and adjoining residential to the west and that a landscaping plan be submitted for approval. The drainage plan would have to be approved by the Rice Creek Watershed. There are representatives from the request here to answer questions. Councilman Schneider stated that the question of whether the property had been rezoned before had come up at the Planning Corcmission public hearing. He asked if it had previously been rezoned. Mr. Sobiech stated that this was from the original zoning back in 1956. Mayor Nee asked what the chances were that the drainage problem could be resolved? Mr. Sobiech stated that it was pretty good because there is an existing drainage swale which he felt sure Rice Creek Watershed District would want to maintain, and then incorporate with some additional ponding on the site to ensure that litter and debris don't get into Moore Lake, and also to ensure that the runoff rate is not increased with development. T{iis would protect not only the Moore Lake area but also the residence to the west. One of the basic rules that the Rice Creek Watershed is following is to ensure that the runoff rate with development does not increase over what is existing prior to development. Mayor Nee stated that then it was a matter of catching it before it reached � the duplexes. He asked if Mr..Sobiech was convinced that could be.done and if the ditch was presently working? � Mr. Sobiech stated that the ditch was working to the extent that it handled a certain degree of storm. In the proposed plan, there are certain areas that are already available for ponding together with the ditch itself and the parking area and certain roof areas. He was certain they would require on-site ponding. ��3 PUBLIC HEARING MEETING Of AUGUST 13, 1979 PAGE 2 Councilman Schneider asked how deep the ponding area would be? Mr, Sobiech stated that after a rain it shouldn't stay for more than a couple of hours. He stated that hopefully it would not be any deeper than one foot. They would maintain a minimal depth with the usage of six inches across the whole parking lot. Mr. Quresiii asked if this was the property between Zebart and Midwest Van. � Mr. Sobiech stated that was correct. � t Mr. Qureshi asked if it would be a single story office building? The petitioner, Mr. R. C. Witt, stated that it would be a story and a ha]f. Councilman Schneider asked Mr. Witt if he had conducted the necessary soil samples. Mr. Witt stated ihat he was waiting until he was sure the rezoning wou7d be approved. Mr. Qureshi stated that if it has a high water table he did not think they would.be able to put too much into the ground. Mr. Witt stated that there would just be a frost footing in the ground and the rest would be built on piles. Mr. Qureshi stated that if the water table was ort7y 2 feet they might have a p roblem. Mr. Witt stated he would have to check that out. Mr. Sobiech stated that based on the scheduling of construction for the rest of the season, they had put the first reading up for �onsideration this evening also. �': Councilman Schneider asked Mr. Sobiech to review what would be permissible in a CR-1 zone. �__. Mr. Sobiech stated that a CR-1 would allow general office and limited business such as real estate, lawyers, medical, etc. Mainly small offices. Limited retail such as optical shops and laboratories. A retail such as a 7-11 would not be allowed. Mr. Qureshi stated that he was concerned about the soil conditions and with the high water table they cannot fili it. He s tated that the Council was avrare of the problem they had with the four-plexes on Pierce Street. He would encourage the proposed builder t� investigate t}i:ose types of things and come up with a drainage and development plan that would be consistent with the neighborhood and also provide draina�;e protection for the adjoining properties. He would like them to keep a lot of open area rather than allowing them to build with the maximum building area. _ Councilman Schneider asked if we were better off with a CR-1 zone or an M-1 zone. htr. Qureshi stated that we have a lot of commercial property open now that is available for development. M-1 is much more limited. We have a lot of M-2. . Councilman Schneider stated that he was concerned about the impact on the residences and felt that the water table problem would be the same problem regardless of wether it is commercial or industrial. The builder may have a problem but he felt this was an opportunity to get the zoning in line with something that would be more amenable to the neighbors to the rear. Mayor Nee agreed that the CR-1 would be better. Councilwoman Moses asked if Mr. Qureshi was suggesting that before the final approvai the builder wouid get a soil test and work out a drainage plan? Mr. Qureshi stated tiiat he was suggestirig they go ahead with the first reading but before the second r,eading, after the builder realized whether or not the Council was amenable to the rezoning, it would be encumbunt upon the builder to real7y check these things out. 234 PUBLIC HEARING MEETING OF AUGUST 13, 1979 c PAGE 3 Mr. Sobiech stated that the problem with the drainage plan was that it had to go before the Rice Creek Watershed District. He asked Mr. Witt if they had gone before the Rice Creek Watershed District yet? Mr. Witt stated that they had not yet. There was no way of pushing those people. Mayor Nee asked what the proposal was that they had given to the Rice.Creek Watershe� District? Mr. Witt stated that he was not sure, that his engineer was handling that. Mr. Sabiech stated that before the builder spent too much money on drainage plans, he wanted a feeling for the rezoning. Mr. Witt stated that a topographical survey and submitting the plan to the Rice Creek Watershed cost him about $2,000.00. He did not want to do a topo until he knew it would be rezoned. Councilman Schneider asked if that had actual bearing on the rezoning which is the�question we are addressing here? � Mr. Herrick stated that he didn't think so, but it would be considerate of the Council to point out that they may have some problems on it. Mr. Herrick stated that he wouid like to comment on the Mayor's question about the Watershed. He suspected that the Watershed District had some pretty typical requirements for this kind of development and it may not be so much what the builder proposes as to what the District says what must be done if they are going to construct this kind of building there. It is a matter of them being able to meet certain criteria, the most important one would be that no more water leave the property after it is developed than is leaving in its present state. That would obviously call for some on-site storage. What the District will probably require is that the developer devise the means to meet that test and then they will examine it and if it is satisfactory they will give their approval. He didn't think the fact of it's being industrial or commercial would make a great deal of difference. They would sti.11 need the same criteria. Mayor Nee stated that a lessor amount would be covered with the corrmercial. Mr. Herrick agreed. Councilman Fitzpatrick stated that the owner was pet•itioning for rezoning and it seemed to him that their action was to decide whether the change in zoning was beneficial to the City and to the area. It seemed to him that it was. In the final analysis that was the only thing they were acting on. , Mr. Jerry Wraneschetz, 6355 Pierce Street NE., came forward and stated that his home was located just in back qf the proposed office building. He realized that sooner or later something would be built there but would like to bring to their attention the bad water table level in this area and the concerns of himself and his neighbors that if this is not handled very carefully, their yards would be under water whenever there is any heavy rain. Another concern was that there were quite a few children in the neighborhood and they wanted to make sure that if the ponding area was deep it should be fenced in or something to keep the kids out. He stated that because the water table was so high, if they went down three or four feet to build the ponding area, it would jsut fill up with water anyway. He felt there was a lot to be concerned about. Mayor Nee explained that the City would require a certe�n amount of roof storac�e and that roof water would be metered aff and also the City would require a certain amount of storage in the parking lot which would also be metered out. He felt that rather than a pond it would be nore of a marsh. Hopefully there would be enough spaee below his property to catch it and hold it. Mr. Wraneschetz stated that he realized that the developer had to made it econo- mically feasible but they would like the developer to build some kind of buffer or screening between the property to the west and the proposed.office building. They would like a tall fence to make it more attractive and to screen,but the noise because when the leaves fall aff the trees they would be looking at a building. � 1 I _� PUBLIC HEARING MEETING OF AUGUST 13, 1979 ?35 PAGE 4 Mayor Nee asked of they would prefer the comnercial zoning or the industrial zoning. Mr. Wraneschetz stated that he would be more in favor of an office than a plant. But he did want it done carefully. Councilman Schneider asked what the setback fibm Mr. Wraneschetz's property would be if it were zoned industrial? Mr. Sobiech stated that it would be 100 feet but that could be parking lot. � j; MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman l.; Schneider. Upon a voice vote, all voting aye, Mayor Nee dec�ared the public hearing closed at 7:55 P.M. Councilman Schneider asked why the proposed building was set so far to the west? ' Mr. Witt stated that was to make room for the ponding area.. Mr. Sobiech stated that it was mentioned in the Planning Commission minutes that it would be better to have the parking lot further away from the residence.: Councilman Schneider asked if the rezoning were approved and the building permit issued, what steps would be taken to ensure that the drainage plan that Rice Creek approves is followed? Mr. Sobiech stated that.no building permit would be issued without approval of Rice Creek Watershed District. Councilman Schneider stated that he was concerned 'about during the actual construction phase. Mr. Sobiech steted that the Building Inspectors and Engineers of the City would be out on the site and also the residents could keep an eye on it. �. Councilman Schneider stated that this was a more sensitive area and he felt the grade elevations should be double checked prior to the footings yoing in, etc. Mr. Sobiech stated that in this case they could stipulate that with the rezoning. Mayor Nee asked if this could drain to the street rather than the back? Mr. Sobiech stated that might be difficult because it is a little low and the water wouTd come back around into this same ditch anyway. OLD BUSINESS: TION OF 2ND READI.P;G Of AN ORDINANCE TO Mr. Sobiech stated that the lst reading of the ordinance was approved last week contingent upon the agreement in the agenda. A meeting was held this past week and attended by the petitioner, the neighbors and a member of Council. A • consensus was reached and an amendment to the agreement was distributed tQ Council this evening. Councilwoman Moses stated that she attended the meeting. The neighbors in attendance were Mr. Jorgenson, representing his tenants, and Mrs. Mathisen. The major concern was that if Mr. Donut was allowed to operate on a 24 hour ! basis, Super America might do the same. Therefore they wanted to make sure that ! Super America had no recourse to change their hours to a 24 hour operation. ! If that was the case, it Hfas more agreeable to Mrs. Mathisen, but Mr. Jorgenson ; wanted to talk to his tenants about it. She stated that in talking to some of i Mr. Jorgenson's tenants this evening, another concern surfaced. Apparently, '� there is a problem with vandalism in that neighborhood in addition to the traffic problem from the theater and the residents are concerned that any business that operates on a 24 hours basis will attract more people into the neighborhood i and cause additional problems. , �ic e PUBLIC HEARING MEETING OF AUGUST 13, 1979 PA6E 5 One of the neighbors, Carl Paulson, came forward and stated that the agreement was that the operation of a business in that building would be limited to 11:00 P.M. He stated that there would be considerable opposition by the people if they are allowed to operate on a 24 hour basis. Councilwoman Moses stated that she did not feel that a Mr. Donut would attract the kind.of people who would cause problems, but it was difficult to convince the people in the neighborhood of that. Ms. Mathisen stated that she was concerned about an increase in the vandalism problem if they were allowed to be open aTl night. She felt that all the people who signed the pe.ition signed it for a reason. Councilman Barnette suggested a compromise of an approval now with a reivew in one year. At that time, if there are problems, they could resclnd those hours and go back to the 11:00 P.M. closing. Mr. Herrick stated they didn't require licensing for a donut shop as such. His problems was that as long as this property is zoned commercial, if we permit 24 hour operation on one, he would have a difficult time permitting it at one location and not permitting it at another. Conceivably, the City might an�end the zoning code to require a Special Use Permit if a commercial or industrial facility were to ope.rate 24 hours a day. That would give some flexibility. As of right now, however, we don't have that. On the basis of the present ordinances, he did not see how they could allow a 24 hour operation across the street, for example, the Country Kitchen was at one time a 24 hour operation, and not on these lots. Also, further down on University the pancake operations are open 24 hours a day. The zoning there is similar to these three lots. He felt that since it was presently zoned commercial, and they want an establishment that meets all the requirements of the code, and they want a 24 hour operation, and we are permitting other plzces to do it, they could go to court and court would order us to do it. Councilwomarr� Moses referred to Super Anarica and asked�if they could be 1 open 24 hours if they wanted. � - ) �Mr. Herrick stated that Super America was different because they came to the City asking for certain concessions and in return for those concessions, they agreed to limit their operation hours. Councilwoman Moses asked if we could then control the 24 hours because of the variances needed? Mr. Herrick stated that the variances did not have to be granted unless a hardship was shown. They would have to look at what could 6e constructed there without variances. If economical use of the lots can be made without variances, then the Council is not required to grant the variances. Councilwoman Moses asked if the current building met all the necessary setbacks? • Mr. Sobiech stated that it did not. It is unique property because it is surrounded by three right of ways which indicate certain setback requirements right off. He was not sure if Rapid Oil met the setbacks or not. It was a small building. . Mr. Herrick stated they would have to take the three lots and sketch out what would be buildable without the variances. . Councilwoman Moses referred to Councilman Barnette's proposal and stated that she thought they should reverse it and start with the 11:00 closing and at a later time consider the 24 hour operation. Mr. Herrick stated that if variances were required, the City �could couple them with certain requirements that could be upheld if there were valid reasons stated. Councilwoman Moses asked if they would then have to tie the hours with approval of the variances? _ -------------� 237 PUBLIC HEARING MEETING OF AUGUST 13, 1979 PA6E 6 Mr. Herrick stated that would be one alternative. Mr. Langseth, the petitioner, came forward and stated that they did accomplish something at that meeting. He also stated that they did not wish to be restricted either. He stated that much time had been consumed in finding the bes't use for the property. He felt they had certain rights as the zoning ordinance stands. However, they would like to cooperate. He stated that their position on the 24 hours operation was that they did not wish restrictions upon the development they're putting on the property, not only from an economic standpoint but from the tenants standpoint. He did not feel they were here to bargain. They were attempting to give the City a good building on a unique piece of property and much time has been spent in trying to develop is as best as possible. `'� Ma or N s d Mr. La y ee a ke ngseth �f they had inquired of Mr. Donut what their • reaction would be not being open for business between the hours of 11:00 P.M. and 7:00 A.M.? Mr. Langseth stated that he had and Mr. Donut would not be interested in negotiating that type of agreement. Mayor Nee stated that it appeared that the problem was that the petitioner . would not agree to a contraet to Timit the time and also there was a problem of perception of threat in the neighborhood. He informed the petitioner that if a vote was called and it were denied, the petitioner could do nothing with it for six months. The alternative was to table the item, which would"give the petitioner could do nothing with it for six months. The alternative was to table the item, which would give the petitioner time to review the situation. Mr. Langseth stated that they were requesxing variances in the petition, not necessari7y predicated upon the 24 hour petitio�. Mayor Nee stated that this discussion was in regards to the rezoning and the question.of variances was later in the agenda. _ Mr. Langseth asked if the petition to rezone included the question of a ' 24 hour operation. Mr. Sobiech informed the petitioner that once a rezoning issue is brought up, there is a desire to know why the rezoning is requested and there may or may not be consensus to allow the rezoning based on that knowledge. Mr. Langseth stated that he would prefer to see the item tabled rather than killed. This would give him time to seek legal council and also, he would like to hold another meeting in order to reach another agreement with the neighbors. Mr. Jorgenson stated that the people in his building were concerned about the 24 hour operation and they would have no object9on to the building if it were limited to closing at 11:00 P.M. MOTION by Councilwoman Moses to table the request for rezoning. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee informed the petitioner thai the City would join with him in sponsoring a meeting. ORDINANCE #697 DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE EXCESS REGIS LAND RIGHT-OF-WAY :� MOTION by Councilman Schneider to waive the 2nd reading adopting Ordinance #697, !` declaring surplus property and authorizing surplus property and authorizing sale (excess Regis Lane Right-of-way) and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��$ PUBLIC HEARING MEETING OF AUGUST 13, 1979 0 PAGE 7 OF 1ST READING OF AN ORDINANCE TO AMEND CITY CODE OF THE CITY ONING ZOA #79-05, BY R. C. WITT CONSTRUCTION 6330 AND 6370 Councilman Schneider stated that he would like to attach stipulations to. the rezoning ordinance per the Planning Commission recommendations. Mr. Herrick stated it would be better to attach the stipulations to the building permit. MOTION by Councilman Schneider to approve the lst Reading of Rezoning ZOA #79-05, at 6330 and 6370 Central Avenue. Seconded by Councilman Barnette. Councilman Schneider stated that for the record he would like to indicate that with the rezoning that Staff would ensure that an adequate drainage plan is approved by the Rice Creek Watershed District and the City Staff, and that the developer be required to provide adequate screening between his property and the adjoining residential area either by fencing or landscaping, and also that the Staff and Inspection Department be aware of the extreme sensitivity of the area and make sure that extraordinary inspections take place during the construc- tion phase. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF CHANGE ORDER #1, 1979, MISCELLANEOUS CONCRETE CURB AND GUTTER CONTRACT PARI<ING LOT IMPROVEMENT 5900, 5908, 5916 - 2'2 STREET NE • Mr. Sobiech stated that the City has been improving an alley and associated with that alley improvement the adjacent property owner requested that our City Contractor improve the parking lot for him and then assess those improvements to the property. Those assessments would take place at the time the alley improvements were assessed. We have on file an agreement signed by the property owner agreeing to receiving these assessments and what this would do is it would allow the City to pay the contractor for those improvements by adding it on to the existing contract. - MOTION by Councilman Fitzpatrick to approve the Change Order #1, 1979 Miscellaneous Concrete Curb & Gutter Contract to Mr. David Halverson in the amount of $3,314.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE: MOTION by Councilwoman Moses to concur with the City Manager's appointment of: NAME POSITION SALARY Kathleen Williams Senior Word $762 1705 143rd Avenue Processing per Ham Lake, MN 55303 Operator Month EFFECTIVE UATE August 20, 1979 REPLACES i ' i Reallocation of Clerk Typist Posi- ' tion in Engineering Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick io pay the estimates. EDS Construction Co: 360 Larpenteur Avenue West St. Paul, MN PARTIAL Estimate �`4 - Municipal Garage Addition - $18,622.00 l i ' I L_. PUBLIC HEARING MEETING OF AUGUST 13, 1979 Halvorson Construction 4227 - 165th Avenue N.E. Wyoming, MN PARTIAL Estimate #8, 1979 Misc. Concrete Curb & Gutter Contract Allied Balcktop, Inc. 3601 - 48th Avenue North Minneapoiis, MN 55429 FINAL Estimate No. 1, Project ST. 1979-10, SEALCOATING R TY � 4,314.00 $34,893.00 PacE a 239 Mr. Qureshi stated that Councilman Schneider had a concern and the property owner executed an agreement which states that he will protect and maintain the retaining structure and he would like the Council to be aware of the agreement and authorize it so they could file it against the property so the new property owner would be aware of these stipulations. Councilman Schneider stated that this was in regards to construction on 52nd. Mayor Nee asked if the present owner agreed to this? Mr. Qureshi stated he did. MOTION by Councilman Schneider to concur with the agreement with DAB Inves- tments, Inc. dated August 7, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: - . - MOTION by Councilman Schneider to adjourn the Public Hearing Meeting of the �ridley City Council of August 13, 1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee decl�red the meeting adjourned at 8:45 P.M. Respectfully submitted: Kathy Shelton Recording Secretary Attest: 0 William J. Nee Mayo r 240 THE:MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 20, 1979 The Regular Meeting of the Fridley City Council was called to order at 7:30 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEI�ERS �RESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING, AUGUST 6, 1979: hI0TI0N by Councilman Barnette to approve the minutes of August 6, 1979 as presented. Seconded by Councilman Schneider. Upon a voice vote, aTl voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF A�ENDA: The following three items were added to the agenda: (1) Consideration of an Auction License as Requested by Multiple Auction Services, Inc.; (2) Consideration of a Picnic Permit at Logan Park as Requested by Agnes M. Shaw; and (3) Considera- tion of a Joint Meeting with the Spring Lake Park City Council. N�TION by Councilman Barnette to approve the minutes of August 6, 1479 as presented. Seconded by Councilman Schneider. Upon.a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . ; OPEH �ORUM, VISITORS: f There was no nesponse from the audience under this item of business. OLD BUSINESS: ORDINANCE N0. 698 70 AMEND THE CITY CODE OF THE CITY OF FRIDLEY, ZOA #79-05 BY R. C. WITT CONSTRUCTION: Mr. Qureshi, City Manager, stated this ordinance would cover rezoning of property from h1 1 to CR-1 in the Herwall Rice Creek Terrace Addition, Lots 2 and 3, Block 1. Councilman Schneider stated, at the first reading of the ordinance, there was discussion regarding the drainage plan and screening and asked if there was further information regarding these items. ' Mr. Qureshi stated the applicant has indicated they would be willing to comply � with.all the appropriate restrictions imposed., but didn't want to go into additional expense of a development plan until they found out if the rezoning ; was approved. Mr. Qureshi stated they were willing to comply with the require- ! ments of the Rice Creek Watershed District and the City. He felt the zoning ; should be decided on the basis if it is a proper zoning for that area. Mr. ; Qureshi stated, as far as the drainage and landscaping, it would be taken care of later on as part of the building permit. ' i Mr. Bob Witt, of Witt Construction, stated they are still working on the topographical and are testing the soil. He stated he was aware they needed approval from the Rice Creek Watershed District and that they have to sumit a drainage and landscaping plan to the City for approval. 241 REGULAR MEETING OF AUGUST 20, 1979 • PA6E 2 Mr. Qureshi stated he felt it was fair to say that the applicant knows there are going to be special conditions exit and there will be restrictions imposed. MbTION by Councilman Schneider to waive the second reading of Ordinance No. 698 and adopt it on the second reading and publish. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 111 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED LICENSING FOOD ESiABLISHMENTS AND FOOD VENDIN6 MACHINES: Mr. Brunsell, City Clerk, stated this amendment would clarify the intent of the ordinance regarding the licensing of vending machines. He stated he hoped this would make clear the practice that is already going on in cafeterias and similar places. � Mayor Nee asked if the City is now inspecting and licensing vending machines. Mr. Brunsell answered in the affirmative and stated that the State statute is similar to the City's ordinance. He pointed out that the State agrees the statute is not clear as to what is intended, but the State is currently licens- ing vending machines which are accessible to the public. Mayor Nee questioned the exemption of patient food services in hospitals. Councilman Fitzpatrick stated he thought these machines were inspected under hospital practices and u�der some other inspection provision: Mr. Brurtsell stated the staff could get further infnrmation and report back to the Council before the second. reading of the ordinance. ' M�yor Nee stated his concern is, if the City is subsidizing this by free in- specting, he wouldn't be in favor of this practice. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee decTared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF AUGUST 1, 1979: MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of August 1, 1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF AUGUST 8, 1979: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT, SP #79-09, FRIDLEY METHODIST CHURCH: — " Mr. Qurehsi, City Manager, stated the Planning Commission has heard this request for a special use permit and recommended approval with certain stipulations concerning the chaining of the driveway access to Bennett Drive; proper fencing of the playground area; and additional plantings between the church property and property to the West which shou]d be comp)eted by the spring of 1980. , Mr. Frank Ferguson, 6810 Monroe Street, appeared before the Council to re- ! present the church in their request for this special use perrnit for a day care ; center. Mr. Ferguson stated they are definitely against the stipulation regarding the chaining off of Bennett Drive. He felt, if this was done, it would have to be someone's responsibility to maintain the chain and someone would have to be out there to chain and unchain it, which would be a problem, if they had to have the drivs opened for snow plowing or a funeral. He felt the chaining wasn't necessary and didn't think the driveway would be used that much as most people would enter and exit on Monroe. 242 REGULAR MEETIN6 OF AUGUST 20, 1979 PAGE 3 Mr. Alfred Rejman, 633 Bennett Drive, stated his bedroom is located right next to the church property and pointed out that his wife works nights and comes home around 2 A.M. and felt, with the traffic from the day care center, they had to shut off this exit on Bennett Drive or put up some fence for the noise. Councilman Schneider stated he has driven through the church's parking lot and would agree with Mr. Rejman that the driveway to Bennett Drive is extremely close to Mr. Rejman's house. He stated he would support the chaining of the driveway and asked Mr. Rejman if he felt this would help. Mr. Rejman stated he felt it would help some, but that they would hear some of the noise and have the lights from the cars. Mr. Ferguson felt.that 90-95% of the people would use hlonroe Street because it is closer to Mississippi. He felt for the few cars that would go through, it wasn't worth chaining the driveway. Councilman Schneider questioned if it was necessary to even have the driveway to Bennett Drive, if there were so few cars using it. P1r. Ferguson felt it was necessary for other activities and snow plowing and funerals. Councilman Schneider questioned if this special use permit was approved, with dll the stipulations as recorr�nended by the Planning Corrnnission, if they would have their day care center. Mr. Ferguson stated that really wouldn't be his decision. Mr. Ferguson stated he couldn't see why the"property should be restricted for a iimited number of cars. He thought the type of people that will be coming to the center aren't the ones turning the place into a racetrack. He felt, if people abuse their cars in the parking lot, they would be the first ones to reprimand them. He felt the noise from the cars, if they.use the exit on Bennett Drive, would be very minimal, but couldn't guarantee it. _� Mayor Nee stated his problem with the chain is he felt it was dangerous. Mr. ' Ferguson stated they felt also it is a question of liability of the put up ' the chain. • Councilman Schneider felt the concern, as he.understands it, is the noise of the cars less than 10 feet from Mr. Rejman's window. He pointed out setbacks are required in front and rear yards to try and prevent these situations. He stated they have an unanimous recommendation from the Planning Commission and, in the spirit of cooperation, hoped the church would be willing to try this as the purpose of the special use permit is to handle exactly these kinds of situations. Councilwoman Moses suggested possibly the use of saw horses rather than a chain. Mr. �erguson stated there is still the problem of maintaining it. He felt a barricade of any sort just attracts trouble. Councilwoman Moses asked Mr. Ferguson if he had another method to propose to keep the traffic out from under Mr. Rejman's window. • Mr. Ferguson stated he didn't think this is a problem, but that there are other problems forcing this issue, such as the bus, which they �vill be getting rid of shortly, the condition of the parking lot and the shrubbery. Mr. Ferguson stated he would agree there could be more shrubbery, but didn't like the idea of chaining the driveway. Councilman Schneider stated he would like to see a solution which is acceptable to both the church and h{r. Rejman. He stated he sympathized with Mr. Rejman and felt he had a valid concern. � 243 REGULAR MEETING OF AUGUST 20, 1979 PA6E 4 Mayor Nee asked if they would consider moving the driveway farther to the east and more towards the corner. Mr. Ferguson stated he is sure they wouldn't mind �ving it, but that the expense might be a problem and factor to consider. Councilman Schneider asked Mr. Ferguson if he felt there was no compromise or middle ground. Mr. ferguson felt there are things they could work on and that other things would be more valuable than a chain in solving some of the � ; other problems mentioned. Councilman Schneider stated his concern is the noise and asked what they wou7d propose as an alternative to chainang or closing off the driveway or removing the driveway permanently. Mr. Ferguson stated he has a hard time understanding what the problem is as he felt there isn't any probiem with the noise. Mayor Nee stated he has to assume if there asn't any problem, Mr. Rejman wouldn't be here. Mr. Ferguson felt he got tones of other problems that are creating this impasse. Councilman Schneider stated he hated to delay the opening of the center, but asked if they would prefer it be tabled to try and work out a compromise. Ne felt sorr�thing should be worked out that specifically addressed Mr. Rejman's problem with the noise. Mr. Ferguson stated he felt this item should be tabled until the next meeting. MOTION by Councilman Schneider to table this request by fridley Methodist Church for a specia] use permit until September 10, 1979. Seconded by \ Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LOT SPLIT RE UEST, !S #79-03, $Y JOHN AND GAIL ESTLING (6440 RIVERVIEW TERRACE : Mr.�Qureshi, City Manager, stated this is a request for a lot split to split off the westeriy 20 feet of Lot 1, B1ock 1, Viet's Addition, and add it to � the property to the west. Mr. Qureshi stated the Planning Commission has recom- �mended approval of this request and indicated that the staff would work with the property owner to see that this 20 foot portion and the parcel to the west to which it is proposed to be attached gets one parcel number, MOTION by Gouncilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Lot Split #79-03. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ENVIRONMENTAL QUALITY COMMISSION MINUTES Of JULY 17, 1979: Mr. Qureshi, City Manager> stated the Environmental Quality Commission has recommended that the City become a member of the North Management Committee. Councilman Schneider asked what is involved and the costs for becoming a member. Councilman Fitzpatrick stated a group of other governmental bodies did pay for a consultant's investigation and report and Fridley did not participate in this and, as a result, had trouble getting the report. He stated, one of the reasons the City didn't participate was that it didn't involve Fridley, since the river crossing was proposed farther North, but it seems to have gotten closer to Fridley which now involves the City more, Mr. Qureshi stated a11 the meetings that are held are open and the City staff has been attending the �neetings and keeping up �•�ith the developments. He stated, even if the City is on the Management Commii:tee, it wouldn't have any impact because tae would be in the mino�°ity. He stated, originally, when the concept was conceived, the City was part of the original team regarding the concept of the Northtown Corridor, however, Nrhen it was determined it wouidn't be in Fridley, the only involvement of the City was attending the meetings. Ne stated it has corne down tq three alternatives that are being considered and 2 4 4 REGU�AR MEETING OF AUGUST 20, 1979 PAGE 5 none of them are in Fridley. He stated the City's thoughts have been•expressed by resolution against providing a connection of the highway with East River Road and indicated staff would continue to check the status. MOTION by Councilman Fitzpatrick to instruct the administration to investigate and prepare a recomrnendation on what is involved and the costs in becoming a member of the North Management Committee. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS COMMISSION MINUTES OF JULY 31, 1979: YARIANCE REQUEST TO REDUCE SIDE YARD AND FRONT YARD REOUIREMENTS Mr. Qureshi, City Manager, stated this is a request for a two foot variance of the side yard from 15 feet to 13 feet and a variance of the front yard setback requirement from 35 feet to 30 feet. He stated, with the variance of the front yard setback, it would line up with the existing buildings. Mr. Qureshi stated the Appeals Commission has recommended approval of the variances. Mr. Veres, 5608 4th Street, indicated his concern about the height of the building, as he felt this may hamper him from putting up solar panels. Councilman Fitzpatrick questioned why the building couldn't be two feet closer to the South. Mr. Qureshi stated they could meet the side yard setback requirements, however, he felt the variance for the front yard setback would make sense since it would line up with existing buildings. He state� he would•suggest, therefore, that the variance be granted for the front yard setback, however, to leave the.side yard at 15 feet and shift the building two feet to the South. MOTION by Councilwoman Moses to concur with the recommendation of the Planning Commission and grant the variance of the front yard setback from 35 feet to 30 ' feet and leave the side yard at 15 feet instead of 13 feet, as requested. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor � Nee declared the motion carried unanimously. . MOTION by Councilman Barnette to receive the minutes of the Planning Commission Meeting of August 8, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING CATV COMMISSION MINUTES OF AUGUST 8, 1979: MOTION by Councilman Schneider to receive the minutes of the CATV Cor�nission Meeting of August 8, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FINAL ACCEPTANCE OF SANITARY SEWER, WATER AND STORM SEWER SYSTEMS IN TRI-CO ADDITION: MOTION by Councilman Fitzpatrick to approve the final acceptance of sanitary sewer, water and storm sewer systems in Tri-Co Addition. Seconded by Council- , man Schneider. Upon a voice vote, all voting aye, htayur Nee declared the motion carried unanimously. RECEIVING CORRESPONDENCE FROM EUGENE A. HICKOK AND ASSOCIATES, INC., PERTAINING TO MOORE LAKE GRANT: � Mr. Qureshi, City Manager, stated Hickok and Associates, Inc. recommended a sand blanket in their proposal for Moore Lake and the Department of Natural ' Resources and the Pollution Control Agency feel this is probably not an effective approach. He stated they are recommending an experimental program to study another approach. He felt, if this works, the.costs would be substantially lower. REGULAR COUNCIL MEETING OF AUGUST 20, 1979 PAGE 6? 4 5 MOTION by Councilman Schneider to receive the correspondence from Hickok and Associates, Inc. dated August 8, 1979. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RESPONSE BY ROBERT SCHROER OK CITY'S OFFER TO PURCHASE PROERTY:. Mr. Qureshi, City Manager, stated the City has received correspondence from Mr. Schroer regarding what is acceptable to him•in acquisition of his property. Mr. Qureshi stated a copy of the appraisal, which was received today, has valued this property at a much higher price than what Mr. Schroer is asking. Also Anoka County paid $19,500 per acre for the property on the South of this property. �• Mr. Quresha, stated the City hopes to acquire 17.71 acres on Parcel 1 and agreements have already been executed for LAWCON funding. He stated he would recommend the City acquire the 17.71 acres for the price Mr. Schroer is asking, which is $17,500 per acre and would like to confer further with P4r. Schroer regarding the other property which is about 3.4 acres. Mr. Schroer indicated he didn't know how much more he could give to the City. MOTION by Councilman Barnette to authorize the City Manager to acquire the 17.71 acres at a price of $17,500 per acre and that the City pay the second half of the real estate taxes and the unpaid special assessments and interest at the rate of 1� per month starting April 1, 1979. Seconded by Councilman Schneider. Upon a voice vote, all v.oting aye, Mayor Nee declared the motion carried unanimously. -1979 RELATING TO A P•ROJECT_UNDER THE MUNICIPAL INDUSTRI MOTION by Councilman Schneider to adopt Resolution No. 97-1979 and set the Public Hearing for September 10, 1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS• --. MOTION by Councilwoman Moses to authorize payment of Claims No. 210535 through 228F01. Seconded by Councilman Fitzpatrick.. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman�Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider questioned if any other communities license the companies providing the liquid fertilizer services. He stated the reason he asked was that he had received a compiaint regarding a company operating in the City. Mr. Brunsell, City Clerk, stated he could check with other communities to see what their policy is regarding licensing of these companies. Councilman Barnette stated he would assume they would have liability insurance to cover their operation. � CONSIDERATION OF APJ AUCTION LICENSE AS REQUESTED�BY MULTIPtE A�CTION _ SERVICES, INC.: '-"-"" Mr. Brunsell, City Clerk, stated that Mr. Clark and the Community Development Department checked the application for this auction_license and could see no (� problems with it. He pointed out the applicant does have a State license and ! although the Public Safety Director hasn't ap�roved this as yet, he does place ! a great deal of weight on whether they have a State license. He felt the license could be approved by Council and before it is actually issued, could be reviewed by the;affected City departments for their approval. MOTION by Counci'lman Schneider to grant the request for an auction license, contingent upon approval by all the affected City departments. Seconded by Councilwoman Moses. Upon a voice vote, all vot-ing aye, Mayor Nee dec1ared the motion carried unanimously. ? 4 6 REGULAR COUNCIL MEETING AUGUST 20, 1979• ESTI�AATES: :. . MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Eugune A. Hickok & Associates, Inc. 545 Indiana Mound Wayzata, MN 55391 • Professional services for Moore Lake Grant $ 471.00 Talle, Herrick & Munns 6275 University Avenue N.E. Fridley, MN 55432 For legal services rendered as City Attorney �$2,817.90 Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Bldg. Minneapolis, MN 55402 . For legal services rendered as Prosecutor, July $2,660.00 ISLANDS OF PEACE PROJECT: Fridley Our Own Hardware . 214 Mississippi Street N.E. Fridley, MN 55432 . Paint thinner 1,79 Sheet metal nails ° .99 Pump clamp ,gp Water pump 23.94 Greenfield 26.35 Water pipe clips 3.60 Misc. supplies � 3.42 60.84 Minnegasco 714 2nd Avenue So. Minneapolis, MN 55402 Gas service Northwestern Bell Telephone P.O. Box 1301 Minneapolis, MN 55440 Telephone service Northern States Power Company P.O. Box 9477 Minneapolis, MN 55484 Electricity Ed Wilmes Mileage and gas for water pumps and boat 87.75 6.53 85.71 42.76 TOTAL $283.64 PAGE 7 I• - 1 ) I I ' � 2�7 REGULAR COUNCIL MEETING OF AUGUST 20, 1979 PAGE 8 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST BY AGNES M. SHAW FOR USE OF LOGAN PARK FOR A PICNIC: This is a request for use of Logan Park for an annual neighborhood picnic on Sunday, August 26 and, in conjunction with the picnic, they are requesting permission to consume 3.2 beer and asking that 10 tables be supplied by the Park Department. , NbTION by Councilman Fitzpatrick to approve the request for use of Logan Park of Sunday, August 26, 1979 and permission to serve 3.2 beer and encourage the � Park Department to supply the necessary tables. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. JOINT MEETING WITH SPRING LAKE PARK CITY COUNCIL: Mayor Nee stated Spring Lake Park has suggested September 10 as a date for a joint meeting, however, this is a regular Council meeting for F.ridley. He stated Spring Lake Park suggested that Fridley come up with a date and they would try to accommodate it. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared tf�e motion carried unanimously and the Regular Meeting of the Fridley City Council of August 20, 1979 adjourned at 9:02 P.M. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor �_ _� ApProved • � ( � � William J. Nae . Mayor 1 . Fridlsy, MN. , 'x i�. �i . �� j�� .� � �: � �� x� � � �� COPdSTITUTION WEEK SEPTE��IBER 17-23, 1979 � WHEREAS, September 17, 1979 marks the one hundred ninety-second anniversary . of the adoption of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, To accord officia7 recognition to this memorable anniversary will form a noteworthy feature of the occasion; and WNEREAS, Public Law'No. 915 guarantees the issuing of a proclamation each � year by the President of the United States of America designating . September 17 through 23 as Constitution W�ek, NOW, THEREFORE, I, Wil7iam J. Nee, Mayor of the City of Fridley, do hereby proc7aim the week of September 17 through 23, 1979, as CONSTITUTION WEEK I.N WITNESS, WHEREOF, I have set my hand and caused the Seal of the City of � � Frid7ey to be affixed this lOth Day of September, 1979. . �. •� �'� v . WILLIAM J. NEE, P�IAYOR MEMORANDUM T0: CITY MANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL DATE: SEPTEMBER 4, 1979 2 SUBJECT: NOTICE OF PUBLIC HEARING RE MEDTRONIC, INC. PROPOSED PROJECT - lNDUS7RIAL DEVELOPMENT REVENUE BOND Pursuant to a recent change in Minnesota law, a public hearing has.been set concerning the proposed $1,000,000.00 IDR bond for Medtronic, Inc. 2A NOTICE OF PUIILIC H�ARING ON A'PROPOSED PROJECT . RND THL ISSUANC� OF' INDUSTRIAL D�VLLOPMENT REVENUE F30NDS UNDER THE bIUNICTYAL INUUSTRIAL D�VEIAPhiENT ACT, MINNESOTl� STATUTES, CHAPTER 474, AS AMENDLD CTTY OF FRIDLEY, MINNESOTA NOTICE iS HEREEiY GIVEN that the City Council of the City of Fridley, Minnesota, will meet on �/�p , ].979 , at 7:3� o'clock P.M. at Ci ty Hat 1 in Frictley, riinnesota, for the purpose of conducting a public hearing on a proposal that the City issue revenue bonds, in one or more series, under the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended, in order to finance, in whole or in part, the cost of a project. The proposed project will consist of a building and certain improvements ana personal property, to be owned and operated by riedtronic, Inc., a Minnesota corporation (the Company) and to be used hy the Company as an addition to th� Company's existing manufacturing £acility within the City. The estimated total amount of the proposed bond issue is $1,000,000. The Bonas shall be limited obligations of the City and the bonds and interest coupons shall be payable solely f'rom the revenue pledged to the payment thereof, except that such bands may be secured by a mortgage or other encumbrance on the project. No holder of any such bond shall ever have the right to compel any exercise of the taxing power of the � City to pay the bonds, or the interest thereon, nor to enforce payment against any property of the City except the project. A draft copy of the proposed a�plication to the Minnesota Cammissa.oner af Securities for approval of the projec�, together with all attachments and exhibits thereto, is available for public inspection at the office Of the �inance Di rector at Ci ty Nal 1 ' � Fridtey , Minnesota, betwe�n the hours of 8;pp o`clock A.M. and 5:00 o'clock P.M., Monday throuqh Friday. All persons interested may appEar and be heard at the time and place set forth above. Date: August ?_o . 1979 BY ORDER OF THE CITY COUNCIL Nasim M. (�ureshi, City i�9anager _q_ DORSEY, WINDHOF2ST, HANNAFORD, WHITNEY E% HALLADAY � 2� E300 Ftfi87 NA710NAL OANK gU1LDIN0 • MINNEAF'OLIS,MINNESOTA GSAOE � �466 W-�'If1`3T NATION0.l. OANK OU1401N0 (0121 ,40-2800 116 THIRD �STRECT SOUTMWEST $T,pAUI.,MINNE:gOTA 66101 • ROCHESTER,MIf�N[SOTA 66901 CAOLC: DOROW � (607) 200-3166 � �8�2� 22?-0��7 TELCX:29-0606 . TELCCOPIEfi: (612) 3A0�2060 � August 15, �g�9 Mr. Nasim I�i. Qureshi , ' City Manager Gity of T'ridley 6931 University Avenue N.E. Fridley, Minnesota 55432 MARK A. JARBOE . 1e�213ao-2aB6 � Re: Proposed Issuance of $1,000,000 Industrial Developm�nt Revenue IIands (Nledtronic, Inc. Project), Series�l979 City of Fridley, �iinnesota Dear Air. Qux'eshi : � At the reqi.zest of Mr. Steven E. ,7acobs of Dain, Ka].man & Quai1, Incorporated, �4e enclose s� copies of the followin� doct�n�.nts relatin� to the nroposed issuance of Bonds describrd above: �. A Resolution calli.ng ior a public hearing on the`proposal to issue the Bonds. As r_ec�iired b�* r.innesota Statutes, Section 474.01, St�division 7(1�) , before a city ma.y issue industrial developm-.�nt revenue b�nds �or any project, it must fixst ca�.l and hold a public hea:ring on the pro�sal. This R�solution calls the public he�ir.g and contains, on page 4, the form o� notice of fhe public hearing �ahich the statute r_��uir_�s }� puulishcd. This notice must ;� pul�lished in bot]z �=he official. newspaper of th� city and i.i a n�wspa}�r of c�eneral cixcul.ation (w� have sugqested that the I�Linnea.polis Tribune be used as the second newspauer) . Pul�lication in }�th newspap�rs must ta]:e place nat more than. thirty nor less thaaz fi.ti�c��i days prior to the date set for the public h�-3xiizg. At th� tim� i�liat this P.es��.ution is consic�ered by the City Cc�uncil, tlze various blanlcs eontained tlzcre�n shou1_d be �r�leted and, if the Resoluti_on is adopt�d, could you p)_eas� insure that the notice a.s pttUlished in the twe� �Ze�,�sPaper� �,�ithin t1�e rec�lired time. 2. A fonn o� stato-.�^nt conce.rninc� the pro�sed p�roject. Mi»iicsota StatuL-es, Secti.on 474.0]_, Sulxl�_vi.sion �, ��lso rnc�iires tliat, prior i.o tlie ptiblic i�c��_ng, iJ��l"e L�e ai� �il.e and avail.able for public i�zs;v��cLion a dl�aft copi� of t1�e ap;?lication fonn to tlze �tiru�csota Canntis�ionel o� Scc,�ua_i�i.cs to.7eth��i- witll �11 e>;1ii},i.ts thei-eto. R�e w�dc��si:�u�c� th;�t: r1�-. JacobJ �Z�J aJ.�-cac�y J?rovid�^d you wit7� a draft of t)zat applicatio», �nc3 t.��i.s v�d t]�c :Co;.l.ocd.'LricJ t�ti'o itcn� consi�itutc additional e.�]1iJ.�i.i:s. `�'lli> particu]_ar itc�li, t-hc st.a�:cnx�r�t coi�cerning tl�� pro��osed piY�jc;ct:, is icclui.i'cd b�� tl�e Caunu.:�:�ione�_ o.f_ SCCLl1 ti:1.CS and �.Ti�.l l��v� i:o DORSEY, WINDNOR57, HANNAFOItD,WNITNCY O� HA4LAOAY � v Mr. Nasun M. Qureshi Page 2 1!ugust 15, 1979 b� co�q?lei:ed and e-r.ecuted by you and the Mayor when the applicati.on is su}mitted �o the Ca�ni.ssioner. 3. A form ot our lettier to the Ccarnnissioner r�ndering our opinion tha� the proposecl project is a"project'' as defined in Minnesota Statutes, Section 474.02, Subdivision 1(a). ' • 4. A�orm of Mert�randiun of Agre�nt bet�,�en the City and Medtronic, Inc. If, after the public hearing, the City decides to pz.roceed with the T3ond issue, this r�morandum of 1lgree�nt shoul.d be executed by �he City and the Cc�n,.nany. This document sets forth the undertakings on the part of both parties and conta�ns an agreement on the part of the Ccarq�any to reimburse �h� City for all out-of-poc3:et exp�nses which the Cii�y may incur in cannection with the proposed S.ssuance of �he Bonds. � 5. A fornl of mi.nutes of the public hearing tcx�ether with a Rssolution giving preliminaxy approval to the issuance of the Bonds, This doc�m�nt should }� used at the pub)_ic hearing, and the names of any sp�a}:ers and s�-�ries of their opinions inserted on page 3. After the hearing, the Resolu�ion�should l�e considered by the City Council. if the R�solution is adopt�d, we will then proceed to sul�nnit the applicati.on to th� Comnissioner of Securities. � • � If, after revie�,�inq fhe enclosed ma�L-erials, there are any �� c�uestions, please do not hesitate to call. We would like to �nphasize the in�rtanc�e of seeing that the no�ice of flze public l�earing is published i.n th� t�•o n��,tspapers �aitliin the tim� lamits p�oscril�ed by 1aw. This is a new rec��.irement, and many muni.Ci_palities have had difficulties in getting the noti� publi.shed as r��ui.red. Consequ�ntly, if ��*e c�z b� of any p��ticular assisi:ance an this poini:, please advise. ' Youzs vezy tz-uly, � � �� .��.�� .�.�---_--- k9� rk . Jar D�J/j ad Enc.losures cc: S�;.eveii �. �7acobs m,......m�n.- nm+,rt.�..:xv �:.....,.: ,...+r.•.....�.... �..,.,a„n..Rn...,..,+.•...�� .�e:,�°.—�,..._�.....-.c�w,..,:_—.�,.�...�...,.r.,..,ri....;-,M..-.-_..4 „m::.....��< ..h, . . . , .. . . � a.-��••:w.t'.wa„ . . _ . �. .. .. Frldi.`y.;. ��t..� j1i32 .. � �. � tr._�es.r.-1:•r::.�:-�:s:�-�r�zr_:_aaz: �nirx_•.-:zs.r:s:r:..e_-a� CI1'Y OF FRIDLEY, P'�I�IidES07/� tL�_T� s'''. '____'._'_'_.-_:_-.�..._ ._._...-__..-.�.. _"_zx��J f= t Nnr�cE D�nnFi�r�•�er�T � AP,�'L.tCt11'_I=ON.__FOR__I ND.U.S7Ri11L.�fzE`�ENUE_F I N/1�d_C.ING RE_V_I_EE�I ,-•-, .. . � � 2D QUSINESS NAME: Me.�cltrc�il.i�y nr • LOCAT l ON : 3055 (Zl,c�, �I� ah�sav �, LAND � $ � . aUILDING $ ��3p,p�0 1'YPE (Partnership, etc.) Corr�.r�t-�on EQUIPMEN7 $ 275,000 � OTHER $ 45,000 REPRESENTATIVE: I�onald R Stone & Richard ia PIunn TELEPHONE: a74-4000 . TOTAL $ 1,OOO,Q00 fdA7URE OF aUS I NESS : DE�sicrn, m�nufacture & sale of imnlantabl� ��T�� lugust 10, 1979 l�c��r.�Pac.e��3}�.�r�.� � - ' • NiSTORY OF APPLICANT .. . . .. . . ... ...,... . 1, Have you ever fiiecl for bankruptcy? No 2, Have you ever defaulCed on any bond or mortgage commitment? No ___ ' 3. Have you applied for. conventionat financing? No, the cost of conventional ___ " f�nanci.ng relative to the size of the financing substantiall less^ns the econcxnic eas i i -y o:E-��pio�ec . 4. Wha t a re you r fu tu�'e p 1 an s? The Cc�np�:ny presentl� awns 27 acres of additional wzimprovecl land and its long range c�rporate objective is to e�and the facility, probably withi.n th�� next tl�ree to five years, - �� ' 5• List financial references: �� Nort�z�,�estern Natio»al Bank of Minneap�lis b) Chase Nlanhztt-��n 13a��k • . . . c) The Continental I3�-�z)c of Illinois G. Other commenls pertinent ta your application: �ot�e. � (Caii.tl.iiuec� nn ni'l�i��c s.i.�lc) . x • r.. : . . . , . IMf'0(tMl1T10�! COPlCCRFIItJG �f'f'LIC!1NT'S I'ROf'OSf.p PROJECT � � 2E 1. (s the proposc:d project a new facility or cxpansian of an existing facitity? �1.�� • s � 1 i' • 11. � � � tl • ! • =i! Glt, J • _ « - • • i 111 • 2.� •Industrial/Commercial/Retail: � Induistrial ' 3. �What is.the number of new jobs estimated to become available as a result of . the proposed project? 60 � , 4. Estimated ann��al sales: Medtronic, Tnc. U.S. $168,000,000 5. Potentiai oEh�:r uses of proposed facility: This is a'multi-purpose,� . non-polluting :light industrial manufacturing facility. �� 6. I�lill this facility aCtract other related industries to Fridley? Nn � . � . • ,� � 7. Will the proposed financing be.a tax-exempt mortgage, public bond sale, or • pr i va t� bon d p 1 acemen t? . Presentiv ]_aokinc�at a private l�ond . ' � placesnent, howevea°, a public bond sale is also • . . � considered. . a..What ai�e Che p roposed financing arrangementsi If privatet a 12-year am�ri�izatior7, a rate to 1� detei�mincd by the market; if public, a 20 or 25 year anbrtizat�.on sc�iedule, rate •to be detennined by�the� mar.ket. pate: August 10, 1979 0 0 Richard W. Nunn . Signed. S i�'x' "Y`�k'rl Cm 12 0!LA-T � T�� ( 7 i t 1 c j� Z E}� S �, �r � L �. S, C� r� �l'�� o � CIT'1 OF FRIDLEY e r__.M,______27T�APIIIIPIG COT�J.ZIS �IOtt Pr?3l"sTIIJG - AUGUST 8, 1979 ,_._.,,_ 3 Cl�LL TO OP,nIsR s V�.ce Chairwoman Schnabel. called the Au�ust 8� 1979� meeting of �he Pla.nning Camrnis�ion to order at 7� 30 Y.I�1. ROI,L CALL � t�iembers Presen�: P1lembers absent: e P�1s. Hughes, I+Ir. Treuenfels � 1�7s. Schnabel, IySr. Hora (I�Zr. Hora left at 9:30 P.M,. ) P��r. Oquisi;, P�7r. Harris (arrived at 7�35 P•t�• ) Mr. Langenfeld (arrived at 9:30 P.NI. ) Others Presents Jerry Boardman, Ci�y I'lanner Ilill neblon, Associate Planner Dean Saba, Energy Froject Committee Ga.les T,icConville, �7nergy Pro ject Committee 3.. � APP:�OVE PZl�P1NIPdG COTTr�1ISSI0N T�ZIA1UTES � JUI�Y 25 ,� 1q79 s.. _ . 1'1IOTION by r.RS. Hughes, seconded b� I,Zr. Hora to approve the July 25, 1979� r►inutes oi' the Plannin� Cor.unission. . Mr. Treuenfels �tated that vrith the er.ception of page 1 of the minutes, his name �vas misspelled throughout the minutes, PJis. Hughes referred -to page 6 of the minutes and stated that in her motion� � the v�ord "recommend" sl�ould be "refer" . P:Zs. Iiughes also stated that the 6th paragraph on page 10 rvhich b�gzns with "IYIr. Opju�st stated that ..,", the last two lines should read as follows "through the County or State agencies". P,Zs. Hughea also stated that on page 13, �he second para�raph, -che word "vacationed" shau7.d be "vacated". Also on -tha�t pa�e, in the 5th paragraph, the vrord "dups�ter" shculd be "dumps�+er". � UPQN A VOICE VOTE � ALL VOiIr�TG AY�, VTCL CHAIR�^JO1�:AN SCIiNAB�L U�CLARED THE P•IZNUTJ?,� APPPOVl;D AS CORRECTED. 2. PI7I3�;?:C � � ITrCs-: 0;?�ID��,i�AmTOP1 OF � I��UEST 2��OR n SP�CSAL t1SE � PER�::T . SY ;c�'l��-09, ��:�SDL�Y UidIT:�J i�i'�i'i:UDSS'i�' CI-IU;ZCi-i: Per Sec��.c 205� (, ;: f ?�' +t .'llow �the ch�.,rch �to Iz�ve � day c;�r� cer:ti.r�r, � loc��ced cn Lats 1--,�s �r�� Lois ?_?_-i �, i locic 2, Cilrirstie°s t'�ddi±� the s�me b�:�n� �b� ;::iss�.ssi.nni S�;rcet i�'.Ts. D70TZ�� by Ty9s a I-Iughes � scconded by ��Zi•. Treuenfels � to open the 1'ublic 3�tearingd UPON A i�OICL VOT.;, ALL VaTITdG AYE, VIC�s C1-I�TRt^10TYTAN SCHNABEL DECT�RI:D Tii� PUi3LIC }iLl�R.TNG OP%:N AT 7 t 3j P.P.1. PLANNIPJG COfflG1ISSI0N M�ETIP�G, AUGUST 8� 1979 - PAGE 2 3A b9r. Doardman stated that the church was located at the corner of �� Mississa.ppi Street anci P�Ionroe Street. The ctiurch vrould lilce to ' . ope�ate a day care center zn their building. Staff would have no pr.oblem with this request. Since the operation would include over 10 children, they would require 5tate and�County approval and licensing. Mr. Alfred Rejman, 633 Bennett Drive, came for�vard and stated that his house was right next door to the church. kie was not in favor of the day care center because his wife warks nights and has to sleep during the day and he felt the noise and car lights from ths parents dropping off the children in the early mornin{� would disturb his wife. Presently, they have a problem vrith cars in the parking lot at night. The cars race through and make a lot of noise. He did not want to have to•listen to it during the day too. Ms. Joan Finney came forward and stated that she had been hired as the teacher-director of the school. The school would be called the "Rainbow School and Child Care Center". The hours of operation would be from 6, 3o A.T�T. to 6:00 P.P�I. She stated that they would be putting in a fence from the corner of the church building back to the storage shed. This will keep the children behind the church building when they are playing outside. She did not think that the children would be outside playing before 9z00 A.PY7. She felt they �vould be outside approximately ane hour in the morning and fo� a couple hours in the evening before the children are picked'up. She stated that as far as the lights of the cars in the morning, she had nothing to respond to that. In the �vinter, there would be cars with lights on coming in.to the parking lot. h7r. Harris asked what the ages of the children ivould be?� Pns. Finney stated the chYldren titould be f'ram 22 to 5 years of age. P.Zr. Harr�.s asked if this wv.id be five day s a week? Ms. Finney stated it would. She also sta-ted they vrould be licensed for �0 chiZdrPn and 30 of them would b� day care children. The other 10 childa.�en vrould be nursey school children and �vould not be there all �day. So at times the�e would be a total of �0 childrPn at one time. Ms. Hughes asked what the status of �heir application was? TJIs. Finney stated that they were licensed through the IrJelfar� Department and they had already been out and had loolted throu�h the facil�.ty and had given approval. The fire ma�shall has also given approval. I�tlr. Harris asked where the children would be picked up and dropped off? 1�7s. Finney sta-ted �hey would be picked up and dropped off Uehind the buildii;g in -the parking lot with access off Bennett Drive. n4s. Hughes asked for a clearer explanation af where the fence �vould Ue. � 'NING COPZu'[ISSION n1�ETING� AUCUaT- f3, 1 -- 3 I'S 3B h Ms. Finney indicated to the Commissianers on the map where the f�ncQ y would be. . . .✓ r . . . `r ; . Mr. }3oardman showed the Commissioners an aerial view of the area. Ms. Finney indicated on the aerial photo�raph where the fence would be. � M.r. Harris suggested a fence around.the play ground equipment for • their ov�m gaod. � � . 2,1r. P.e jman : ta•ted -there v��as a driv�v�ay into the parking lot which ' runs right by his window. . Mr. Harris asked if they couldn't stipulate that the driveway be closed during the week? Mr. Boardman sta�ed ihat -�hey could require the church �to put a chain across it. Mr. Rejman stated that he did not se� why a business should be allowed in a residential area. � 1�Zs. Finney stated a.t was a non--profit organiza�tion. Mr. Harris s�ated that we do allow churches and their accessory uses in a residen�tial area. Tha�t has been our palicy and he was sure they would continue with it. He further stated that if they close that driveway, i�t would help with the la.gh�:s and cars and as far as the noise oi cars at night, I.Ir. t�ejman could call the police if necessary. r�Ir. Re jman stated tha� it �vas his underst�nding that the church ivas supposed to pu� sor�� plantings in a'lang his property line as a barrier • bet��ieen his yard and the parking lot. T�Ir. Harris asiced if a landscaping plan was submit-�ed for the property when the building plans were subMitted? �Qr. Boardrnan stated that the only provisions he recalled in the land- scaping plan were far �lan-�ings alorig Bennett Drive. That v��ould have been with the recen� addition. He tivas no-t sure about when the building was �'irst built ten y�ars ago. The parlcing lot r•ras part of the original plan but he was no�: �ure ii i�t wr.,s to that ex�ent. It may have been added on to at a laier -�ime �vhen i;he new .addition vras added. Tt was paved �vhen the new addi�ion w3s built. � DZs. Schnabel asked 3,f Staff had receivec� comments from an,y other ne5.�hbor�'. T�Zr.. Boardman stated that he �vas not aware of any. h1r. R�jman stated th�t if they ��ould plant something alonb there it �vould hel.p �vith the noise � ligh�s and dust. 0 PLANr1�NG Cot�rnxssior� r�IF:FTIIdG, AUGIJST 8� '1979 - PAGE � 3 C a!;t ;. 1�Is. Hughes noted that t�ir. Re jman had a fence there and asked what kir:3 of fence a.t was? . Mr. Rejman stated it was a 3� foot cyclone fence. Ms. Schnabel noted that any shrub that would be planted would not have any ].eaves on in the winter anyway, and that•s when.he would have the. problem of lights. I�ir. Boardman also pointed ou�t that it would take quite some time for the shrubs to provide any effective noise screening. • Ms. Schnabel asked if the day care center was sponsored by the church or by a private organization? 0 Ms. Finny stated that it �vas sponsored by the church and run by members of the church. The children would not have to be the children of members but from the wh�le community. It would not be.restricte� to chil�.ren of inembers. � . I�Is. Iiughes asked who J. H. Roos was? He signed the petition. Ms. Finney stated that J. H. Roos was a member of their child care board and also a member of their trustee commission. He was not able to attend this meeting. P�r. Treuenfels asked if the age rest�ict�.on of 22 to 5 years was the only restriction? i h7s. Finney stated that was corre�t. They would not be teaching religion so there would be no restrictions as to religion, race, sex, etc. T1Irr. Rejman asked if Fridley had any other day care facilities? n'Ir. Harris stated they'had the Learning Tree and other than that only small day care centers in homes. � t�70TI0N by TYZs. Hughes, seconded b�T T,Zr. Treuenfels, to close the Public Hearing. UPON A VOICE, VOTE, AI,L VOTING Ai'�, Cii�IR1l�AN HARRIS DECLARED THE PUI3LIC �iEARING CI,OS ;D AT 8 s 10 P.T�I. • � Ms. I�ughes stated tha� she felt this was a valuable public service and with more and more women going to work, it tivill be mcre and more needed. She liked the idea of a non-profit day care center and one that is with- in the community and run by people living a.n the community. Hopefully, they v�ould have the inter.ests of the City at heart in i:erms of their operations. Th�y �vould no� be likely to do things to antagonize the ne�ghUors. 0 PLANNING C0�1PdI�SION P1F:FTING, �UGU �T 8, i979 -- PaGE � 3D � T�Is t liu�;he� al.so stated that they should have some stipulations, an�: o£ whlch wou�.d be to clo�e the access near the nei�hbors property. ��l::�o� they should be aslted to keep the parking lot in good or.der. CY�anc�::� are they don`t s�rreep it often enough since the plantings in front are not taken care o�' very �vell. They may n°ed to be asked to do that. Alsa, they should be asked to malie sure they don't have the children`s activities c].ose to the neighbor's yard, ' They have a big enaugh area to avoid that. � Ms. Schnabel agreed and stated that some consc�ousness-raising on the part o� -the church could be in order especially in re�ards to the problems of the neighbors, She ielt the t��ro o� them could come to a satisfactory solution. She Utated she c��ild understand the concerns of.the neighbor in terms of working nights and sleeping days and the c�hurch should be willing to close off that ac�ess. " T�Ir. Hora agreed. Mr. Treuenfels also a�reed especially in light of the fact that Fridley does not have another d.ay care center centrally located. P�:r. Harris stated that he felt it �vas a good prcposal with modifications. He suggested a security fence around the playground equipment for their o�vn benefit. That kind of equipr�ent would be an attractive nusiance and the churc:� v;ou]_d be liable. Also, something could be dane �riith signage for the egress off of I�.Tonr.oe Street indicating that pickup and drop of�' traf�ic should use the access off P�Z�nroe Street on].y. T:Ir. Boardman s'ta-i,ed that vlauld be requir�d anyway. P�Ir. Harris sta'ted tha�t i�t shauld be s�ipulated. He also recor�mende� �;hat the church put sor�e plantings and veg�tative screening along the nEighbor's property 1�.x1e. He stated that they could possibl�r do thzs in a phase program vaitll the fencing and driveti�ay blocltage bea.ng done this year ai�d �he tTegetative screening beinU done in the Spra.ng. I�ZOTIOPd by T�is. Schnabel� second�d �y T,Zr. Treuenfels, 'to recommend to. Council approval of the reques� for Special Use Permi� SP ��79-Oq� Fridlcy Unit;ed 1'«etrodist Churcr.a Per Secl;ion .205.051, 3, F, �o allow ��the church to have a day care center, located on Lots 1-3 and Lots 22- 25, 331ock 2, Christie's Addi�i.�n, the sarne bei_ng 666 1�Zississippi Street N.E., with the �olloviing stipula�:ions: 1) the driveway access to Bennett Street be chained a�f clur� n; the tiveek beginnin� ��ra.th the first day of buuiness; 2) praper fence of playground facilities by -the first day of busi.ness; 3) the church plants a vegetative barriei bettiveen their 1�roperty and the properties located ere�t of the church to be r.omple'ced • iii the Spring of 1980. The p3.antin�s will be approved by Si;a�f. n7s. rinney stated �that in regards to i;he second stipulation� the church 13oard had di�cussed tl�.at and felt that the fence would be more attractive to children. . D1r. Harra.s sta�ed that Uy fencing i�t tiley �vere at least 'ta]cing action �:o preven�; someone from usin; �.t. If no action were tal:en, they could be l:�able. A7s. Fi»ney askczd how lia.�h the fence �tiotild have to be? Tt7r. 13oai'drna�� :.;�t;��.�L-ed ti�.��L a 4 �00'� �(;11�e wou�.d be adequa�e. FLIINNING COf�11�IS�ION TT�I'TxNG, AUGUST 8,• ].979 p�G� � . 3� UPON A VOICE VOTE, ALL VOTING AYE� CHAIRT�IAN HARRIS DEC�ARI:D THE 1�i0TT:�r�i CARRT� UNANIt.70USLY. . PRr. �iarris informed the petitioner that the request had been recommmc:r.�ita to Council for approval �vith stipulations and would �o to Council on August 20, 1979� and suggested that a].1 interested par�ies attend. �. � PUPZIC HEARIt�iG PERiriIT t SY �r7 �, D, i;o a11o�.v 2�' J0, �31oc}� :� the sar�e bexn� CONSIDL:'.l�TIO:� OF A� RT�'�UEST FOR A SPECIAL USE 0, ��'tCAI,ZLU:� 1i0��:�5, iI�C.: Yer `aection 20 .15 he conrtruction of' 'two ne:�r dlvellin�, on Lot� Rivervie��r �i�i��h.tSL in CFR-2 zonin�', flood 1�1 vervie�.v `i'errace I1.�:. Mr. Harris stated that this item was to be continued for two weeks at the request of the petitioner. +Z� OTION by ISIs. Hughes, seconded by I�Ir. Treuenfels, to continue the request for Special Use Permi-t SP i#79-10, for two weeks. UPON A ��OICE VOTE, ALL VOTING AYE, CIi�TRI�7AN HARRIS DECLARED TI�E b�OTION CARRIED Ui1ANII',IOUSLY. �. RE�UEST S�lit o t FOR A LOT SPLTT� L.S._�79-0 f. the �°Jesterl 20 feet of L VG:C'V �e:�,v `:i�errace N. E. and a 1�3 � Riverview �i�err. ace `i�3. GATL ESTLI 1, Veit's �1 0 e m Mr. Boardman stated that page 23 of the agenda was a plot plan layout. The plot p1a71 zndicates a building to the west which is 23x32 and that building is no-t there • iJ'11zat they are planna.ng on doing is splitting o�i' 20 �'eet o� thi.s lo� and adding it on �o �he house to the west. r�ir�. Iloar�.man shotived the Commissioners an aerial photograph of the area and explained the s�.tuation more clearly. He stated that he understvod that any garage to be located on the property would be located to the rear of the house with access off Riverview Terrace. n�r. Bo�rdman ehplainec' to tY�e Commissioners �a�here th� lot line woul.d be . John & Gail Estling came ior��rard and showed the Gommissioners a capy�of their survey wh�.ch showed the lot line more clearly. Ms. Schnabel stated of this split �^;as �o was correct? that 3.t was her iinderstanding -that the main purpose increase the sa.ze of the l�t. She asked if that 0 D:r. �Iarris stated that was correct and it would also give them more parkin� �vhich they need. T�gr. Harris asked P�Zr. Boardman if 6�� Way was a dedicated street'� 1�7r. Boardman s�:ated �that he was not sure and -that it didn't look like it. He sta�ed that they cotildn't get a snowplow in there if they wanted to. P.ir. Harris su�;gested i:hey loo�t in�o that and �f it is n:ot vacated, we shoulci do i-�. . ' %+�a.^. Baardman a�x,eed and sta�ed he woul� look in�to it. :I , � 1 :�' M _� � ' . f i C� � �- I ".l REGULAR MEE7IN6 OF AUGU�T 20, 29�9 PAGE : 3 F Mr. Qureshi stated he felt it was fair�to say that.t�e appTTCant knows there t� r are going to be special conditions ex9t and there wili be restrfctions imposed. \±. MOTION by Councilman Schneider to waive the second reading of Ordir,ance No. 698 and adopt it on the second reading and publish. Secoaded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, �4ayor Nee declared the motion . carried unanimously. NEW BUSINESS: . . CONSIDERATION OF AN ORDINANCE AMEFJDIP�G CHAPTER 111 OF THE CITY CODE OF THE '• CITY OF FRIDLEY ENTITLED LICEt�SIi�G FOOD ESTABLISH�4EP�TS APtD F OD VF��nttar, Marurticc. Mr. Brunsell, City Clerk, statE�d this amendment would cTarify the intent of -• the ordinance regarding the licensing of vending machiaes. He stated he hoped - this would make clear the practice that is already going on in cafeterias and similar.places. . Mayor Nee asked if the City is now inspecting and licensing vertding machines. Mr. Brunsell answered in the affirmative and stated t.�at the State statute is similar to the City's ordinance. He pointed out that the State agrees the � statute is not clear as to what is intended, but the State is currently Ticens- ing vending machines which are accessible to the publie. .- Mayor Nee questioned the exemption of patient food.serrices in hospitals. , Councilman F9tzpatrick stated he thought these machines were tnspected under hospitai practices and under some other inspection provision_ Mr. Brunseli stated the staff could get further information and report back to the Council before the second. reading of the ordinance. Mayor Nee stated his concern is, if the City is subsidizing this by free in- specting, he wouldn't be in favor of this practice: MOTION by Councilman Fitzpatrick to waive the reading and 'approve the ordinance upon first reading. Seconded by Councilwoman ��loses. Upon a voice vote, ail Yotfng aye, Mayor Nee declared the motion carried unanimous7y. - RECETVING THE PLANNING COif�h1ISSTON MINUTES OF" AUGUST 1, 197g: MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of August.l, 1979. Seconded by Councilman Barnette. Upon a voice vote, ali v.oting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING CO��V�IISSION MiNUTES OF AUGUST 8, 1979: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT, SP �79 Q9: FRIOLEY METHODIST CNURCH. Mr. Qurehsi, City Manager, stated the PTanning Commission has (�eard this request for a special use pennit and recommended approvai with certain stip,ulations concerning the chaining of the driver.ay access to Bennett Drive; proper fencing of the playground area; and .idditional plantings bet�reen the church property and property to the West w'iich should be completed by.the spring of 1980. r� ' �tr, Frank Ferguson, 6�10 Menroe Street, appeared before the Council to re- + present the churcn in their r•equest for this special use permit for a day care � center. Mr. Fer9uson stated they are definitely against the stipulation regarding the chaining off of Bennett Drive. He felt, if this �vas done, it �•tould have to be someone's responsibility to rnaintain the chain and someone would have to be out there to chain and unchain it, a�tiich �•rould be a probiem, if they had to have the drive opened for snoi� plo��iing or a funeral. He felt thP chaininy �vasn't nc�cessary and didn't ttiink the driveway would be used that much • as most people ti��ould enter and exit �n Ftonroe. � . _ .. ._. .� --. ..... .�.,� _� � � ... 0 242 REGULAR h1EETING OF AUGUST 20, 1979 � '� 3 G � . �� . ti PAGE 3 ' Mr. Atfred Rejman, 633 Qennett Drfve, stated his bedroom is located right next � to the church property and pointed out that his wife works nights and comes hame around 2 A.M. and felt, with the traffic from the day care center, they had to shut off this exit on Bennett Urive or put�up some fence for the noise. Councilman 5chneider stated he has driven through the church's parking lot and would agree with Mr. Rejman that the driveway to 3ennett Drive is extremely close to Mr, Rejman's house. He stated he would support the chaining of the driveway and asked Mr. Rejman if he felt this would help. .. Mr. Rejman stated he felt it would help sorrie, but that they would hear some of the noise and have the lights from the cars. . . Mr. Ferguson felt.that 90-95% o�F the people would use�Fionroe Street because it �is�closer to Mississippi. He felt for the few cars that'would go through, it wasn't worth chaining the driveway, . Councilman Schneider questioned if it was necessary to even have the driveway to Bennett Drive, if there were so few cars using it. Pir. Ferguson felt it was necessary for other activities and snow plowing and funerals. Councilman Schneider questioned if this special use permit was approved, witfi all the stipulations as recommended by fhe Planning Commission, if they would have their day care center. Mr. Ferguson stated that really wouldn't be his decision. Mr, Ferguson stated he couldn't see why the•property should be restricted for. a limited number of cars, He thought the type of people that will be coming ' to the center aren't the ones turning the place into a racetrack. He felt, if people abuse their cars in the parking ]ot, they-wouTd be the first ones . to reprimand them. He felt the noise from the cars, if they use the exit on Bennett Drive, wou}d be very minimal, but c�uldn't guarantee it. • _� Mayor Nee stated his problem tivith the chain is he felt it was dangerous. Mr. � Ferguson stated they felt also it is a question ofi liability of the put up -' the chain. • Councilman Schneider felt the concern, as he.understands it, is the noise of the cars less than 10 feet frornt�1r: Rejman's window. He pointed out setbacks are required in front and rear yards to try and prevent these situations. He stated they have an unanimous recommendation from the Planning Commission and, in the � spirit of cooperation, hoped the church would be willing to try this as the + purpose of the special use permit i; to handle exact7y these kinds of situations. � Councilwoman Ploses suggested possibly the use of saw horses rather than a chain. Mr. Ferguson stated there is still the problem of maintaining it. He felt a barricade af aRy sort just attracts irouble. Councilwoman htoses asked Ftr. Ferguson if he had another method to propose to keep the traffic out from under Mr. Rejman's window. htr. Fcrguson stated he didn't think this is a problem, but that there are other problen�.s forcing this issue, such as tf�e bus, which they ►�rill be getting rid of shortly, the condition of the parking lot as�d the slirt�bbery. hfr. ferguson stated he �•rould agree there could be more shrubbery, but didn't like the idea of chai ni ng the dri vcr,ray. Councilman Schneider stated he �ti�ould like to see a solution which is acceptable to both the church and htr. Rejman. He stated he symFiathized vrith 1•tr. Rejman and felt he had a valid concern. f � r fi REGULRR MEETING OF AUGUST 20, 1979 ' • � , PAGE 4 Mayor Nee asked if they would consider moving the driveway farther to the east and more towards the corner. . � Mr. Ferguson stated he is sure they wouldn't mind moving it, but that the expense might be a problem and factor to consider. . Councilman Schneider asked Mr. Ferguson if he felt there was no compromise ., or middle ground. Mr. Ferguson felt there are things they could work on and that other things would be more valuable than a chain in solving �some of the other problems mentioned. . �-- Councilman Schneider stated his concern is the noise and asked what they would propose as an alternative to chaining or closing off the driveway or removing the driveway permanently. :. � 24�3 T -^ . . 3 !� . � Mr. Ferguson stated he has a hard time understanding what the problem is as he felt there isn't any problem with the noise. Mayor Nee stated he has to assume if there isn't any problem, Mr. Rejman wouldn't be here. • Mr. Ferguson felt he got tones af other problems that are creating this impasse, Councilman Schm.ider stated he hated to delay the opening of the center, but asked if they would prefer it be tabled to try and work out a compromise. He felt something should be worked out that specifically addressed Mr. Rejman's problem with the noise. Mr. Ferguson stated he felt this item shouTd be tabled until the next meeting. M07ION by Counci]man Schneider t� table this request by Fridley Methodist Church for a special use permit until September 10, 1979. Seconded by . . Councilwoman Moses. Upon a voice vote, all voting aye, Mayor �lee declared Lhe motion carried unanimously. LOT SPLIT REQUEST, LS #79-03, BY JOHN AND GAIL ESTLING (6440 RIVERVIEW TERRACE : _ . , . Mr.•Quresiii, City Manager, stated this is a request for a lot split to split off the westerly 20 feet of Lot 1, Block 1, Viet's Addition, and add it ta � the property to the west. Mr, Qureshi stated the Planning Commission has recom- �mended approvaT of this request and indicated that the staff would work with the property ovrner to see that this 20 foot portion and the parcel to the west to which it is pt-oppsed to be attactied gets one parcel nuinber. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Lot Split r79-03. Seconded by Councilman Schneider. Upon a voice vote, all voting ay�, t4ayor tdee declared the motion carried unanimously. ENVIRO�biEP�TAL QUALITY COhiPtISSIOPt MIP;UTFS OF JULY_ 17, 1979: Mr. Qureshi, City t•lanager, stated the Envir•on�ental Quality Conunission has recomn�ended that the City become a member of �fie North Management Co�tunittee. Councilman Schneider as}:ed arhat is involved and i;he costs for becoming a member. Councilman Fitzpatrick stated a group of other goverre�ental bodies did pay for a consultant's investigation and report and Fri�ley did not participate in this and, as a r�esult, had trouble gettiny the report. He stated,.one of thc reasons the City didn't participate ►�;as tliat it didn't involve Fridley, since the river crossing was proposed farther horth, but it seems to have gotten closer to Fridlcy trhich no�v involves the City n,ore. � Mr. Q�ireshi stated all the n�etin9s that a�•e lield are open and the City staff has been attendin9 thc r,?�etings and ke�pinq uF with the developn�ents. Ne stated, even if the Cily is on the t•tanaclem�nt Cor.imittee, it �•rouldn't hat�e any impact becausc «e �•,oald be in the minor�ity, fler stated, eriyinally, �rhen the concept was concei��d, th� City �•;as ��ai�t of the original te��m re�arding th� concepC of the Tiorihtu�•rn Corrido�•, ito�•�e��er, ti��hen it vras dctcrmined it �,�ouldn't be in Fridlcy, thc only invol��eu.ent of t.he City �ras attending the meetings. He stated it h�s coriie dc�;�n to t:hrei� alternatives that arc being considered and � '�d 'L : ;; �'; "��' � ; :3 �, ; l+' �_�--�'�•,� 7 ,- , � ,; � :! 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'�'' �, � r35� � ; ° y(k �i�i��..> �j�J� 1�� ` l�_J{ � � l.i��7� , � tyJ..ai ��50 � �? .,.; w.� i� • , � � � . � � _ � r� , : < : ,�� a`_._- ." . � � � ` t6 \ � � • •t •' r._.1� ti . _.:�:___�_ � t :1_ \ s. a ,� � :G...._... �...r Y _ Y..... � _�.. `N,! _...ti.. _�..� � ��.�� 'iil � l7�`�{ � � �� Z l';3��:� �,3,51 i>3•fQ E>y•11�t�-'�� = .� °` ;- � ;� „ . j , . • . � � ` __�:t�. . � T � v . }/" 1 � , F� �� ^ .� N� 5��.. .�: .....�-... __... .�. ___.. _ = ..___ -- .. .. . =; `'_ � ,. . fr . � , _ -� _ ,�. ` .� 3 ;. t.ixJ~ (�?,31 1 i>.1��•'� i>'+.� 1 e'e��'�.+�� ` ,,M s._..... (,3V ` \t�3.� � � 6' y�� w � .. � C7 � ^ f ' � fi - , --� ' ! 1: j - -" r , . • -- .11: _.�..�-�_L--�.'_ � ' � .._ •�: ..�J._ j- _.. '. _.._- ..i.� � C 7 l� ��+i• u"\1 s�(.3,'.f1 ,'4`, ��'s�'�� ; �(n 12'1 Sti~ �.�! � �i,i.::) . ! f, :a ?; � f �ti i_ ��? I J i'i i ' . � � .. �. v �'. ..;;,,c: T0: CITY MANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL � � DATE: SEPTEMBER 4, 1g79 SUBJECT: SECONG READING OF ORDlNANCE TO AMEND CHAPTER 111 OF THE CITY CODE ENTITLED LICENSING FOOD ESTABLISHMENTS AND FOOD UENDING MACHINES In response to your inquiry, we contacted Unity Hospital and learned that the hospital has three vending machines, all of which are licensed. � . I� � y . ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 111 OF THE CITY CODE OF THE CITY OF FRIDLEY EN7ITLED LICENSING F04D ESTABLISHMENTS AND FOOD VENDING MACHINES THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 111.04 of the City Code is hereby amended to read as follows: 111.04 EXEMPTIONS Governmental subdivision, eharitable instiiutions, houses of worship serving their own congregation, �p�i�X��J ��`�'�� ¢��,� school lunch rooms and cafeterias, or street venders operated by persons licensed by this City, and patient food services in hospitals shall not be required to pay the license fee, but shall obtain a license and shall be subject to all other requirentents of this chaptAr. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CI7Y OF FRIDLEY THIS DAY OF AT7EST: 1979. Sec. 111.04 MAYOR William J. Nee CIiY CLERK Marvin C. Brunsell First Reading......August 13, 1979 Second Reading.....September 10, 1979 Publish............ 4�A MEMORANDUM T0: CITY MANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL DATE: SEPTEMBER 4, r979 SUBJECT: Fees for Multiple Dwellings The attached Ordinance would increase the fees for licensing multiple dweltings. Previous fees were $15.00 for 3-7 units, $20 for 8-12 units, and over 12 units was $20 plus $l for each additional unit. The reason for the increase is that the City is doing additional inspections over and above previously was done. Also, costs have increased. We have made up a cost study for muttiple dwellings; however, because of the large variance in the size of the averaqe multiple dwelling= this cost study is not as reliable as it would be for some other types of licenses. � � S ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.10, OF FRIDLEY CITY CODE RELATING T0. FEES (MULTIPLE DWELLtNGS) THE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: CHAPTER 11, SECTION 11.10 Fees Chapter 11 of the City Code shall be amended by adding the foltowing: Code # Subject 220 Multiple Dwellings Fee a) $20 minimum for 1 or 2 rental units b) $30 minimum per building with 3 to 7 units c) $40 per building with 8 to 12 units per building d) $40 per building with over 12 units plus $1.50 per unit for every unit ove r 12 22p,� The fee schedule applies to incJividual apartment buildings regardless of the number of buildings in the apartment complex. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979• WILLIAM J. NEE, MAYOR ATTEST: MARVIN C. BRUNSELL, CITY CLERK First Reading.... Second Reading... Pubtish.......... �� A � M� CITY OF FRID�EY PLANNITIG COi.:�1I �SION I,IEETIT'1G - AUGUST 22, 1979 _ �•� .^ CALL TO ORDER: Vice Chairwoman Schnabel called the August 22, ig79, meeting of the Plannin� Commission to order at 7s32 P.I'r2. ROLL CALLs T;2embers Present: I�7embers Absent, Others Present: � i�7s . Schnabel, T�r. Oquist, P.�s. Hughes, T1Ir. Treuenfels � P��r. Hora t,2r. :i�rris, i�:7r. La��enfeld Jerr� Boardman, City Planner Bill Deblan, Associ�te Planner aFPROV� PLA'ivI�IIIdG CGi �?.�ISSIOi1 SP�'CT�L P�iFETIT•?G t�INUT�S: I:UGUST 1, 1g79 � i•<�OTIOT3 by 1:7r. Treuenfels, seconded by P,�r. rior�, to approve the August l� 1979, rninutes oi the Special Planning Comma.ssion rneeting. UPOI? A VOIC� VOTE, ALL VOTING AY�, VTC�; CHATRI'dOP�7�P1 SCHItiABFL D�CLARED THE P�ICTION CARRI�D UI�lAI3It.T0USLY. APPROV'� PL�1�:�d�?'?G CCi:L�"i �SION �::��I��UT��.S s AI3GUS�T 8; 1979 r . ri0TI0,"; by :.1r. Treuenfel.s, secanded by i��r. Oquist, �o appr_ove the August 8, 1979, rninutes of the Planning Cornma.ssion. T�Zs. Schnabe]. referred to i'age �3 of thca raa.nutes and stated that in the fou�th para�,r�ph, "Shore" should be chan�ed to "Schroer" and the vvord "praperty" sYioul.d be inser�ed. T�?s. Schxzabel als� noted that on Page 18 of the minutes, they had diccu�sed the cancept o#' �he :�nert;y Commission continuing �nd haw th�t question �hould b� handled. I<;r. ��arris had stated that they shoulc� think about it sor:ie p�ore and I`:s. Schn�bel wanted to be sure the xtem vrould n�t be lost. She su�gested. i�t be placed on the next a�end� for discussion. U�'GI�i A VOIC�,� VC'a�s:, ALL VOTTTvG AYE, VICE Ci-iA�R`�'rOT,1AN SCIiIVABEZ DECI�AR:CD `aryiil� I�dG1IQI1 C�Rl'�I�D UiVAivli;;0`JSLY . j� Cr4�T�Li`UFD: PIT�I,IC -I'��1P,IP;G: cc�,rs7n �.1A�xa�,? OI' A v�:,'�tTrST ,��CR A �•"� 1 1T Tl t � T ` t i T � 1 ;�� .uI�L U;��, P �,�'.��I`.�� l� �; 7�-_10, ��.��^�,1 �:,t?h ��Or,.,,S, T_3G. : �'er �ection ?_+� C�. ]. ;'� `� �� to � llo�;�� -t�.e constr:zct� on of �t`�ro dtivellin�s on Lots , i � ?'%-'�0 �31oc`; `; Ri vervie��Y �:e �h�s, in CI';Z-2 7onin�, (Flood Plair.) , `thF? ;;�T1E' 1�E'1.ri�" �?�? �'"1Cl �i�_�� R1V�IVlE:�"J `iElx'�CE' 1�I..:. s T,1r. I3o�,rdnlan st�.ted �h�i the petitioner had requested this item be con�;ir..ued until Septer�ber 12, 1979. ' PLA1`dNING COr�ii'.'[IaSION l/IT�ETIPdG, AUGUST 22,1 19 j9 -_ PAGE 2 There was no one in the audience regarding this request. P��r. Oquist asked if T..'xcalibur was a part of Certified Homes? 1'11s. Schnabel stated that the o�vnership was the same and it came out at the Appeals Cornrnission meeting that they would liY,e it all to be under the name of Excalibur. The letiter which was included with the minutes �vas on the vrron� letterhead. I�IOTION by I�Is. fIu�hes� seconded by 1.Zr. Treuenfels, to continue the request for SP ,�79-10 until September 12, 1979• P,is. Schnabel stated that vrhen this item was before the Appeals Commission several. questa.ons had come up and she felt the same questions would ar.ise at the Planning Commission l.evel and stated that vrhen they received the Appeals Cammissian minutes, she would point them out. UPOPrt A VOICE VOTE, ALL 'dOTITdG AYE, VICE CHAIR'd'dOT�TAN SCHNABEL DECLARED THE Py:OTI01? C�P,RI:aD UT'ZAI3IPl0USI.,Y. ,�, PUBLIC IiEARTi�Ga COI` - P�Ri'aaIT, SP ;r=79-0�+- D to al�_ov� t�le con.� �sin�7_� far�ilV dG-�eZ Subdivis} an i;o. 1 same beins�: 758?_--� �SID.TR�TICTd OF A RE �Y ��E�:i;�.'L:�R, Iiv'C . : struc�t;ian o�: a doub �.in�-. �_lnits , on I,ot z� 1. V 1 i1 s=' .:1-",? .`-��' � O f ��!1 E: �; �i 1�1e St sa rer 5ec-�ion ��5. u5 j, j, l� bun��alo�Rr in t�-1. zonin� s 1 and 2, �lock 3, Shaffer' e� � 90 :feet thereof, the Il�OTION by %Ir. Oquist, seconc?ecz by £�r. Treuen�Els, to open �the Public Hearin.g: UPON A VOTC�,, VOTE, ,PLL VGTIT:G AYE, VICL Ci-IAIRtiaOI'r'IA�3 SCHT`rAB�I, DECLAR :D THh� PU�LZC HE�I�'�I�iG OP:�N �T 7 s�F5 P. P��I. t=1r. Boardr�ari �tated that Pa�e 3S o:F the � gEnda indicated t'�e loca-tion of the 1ot. Z�he Iot is loc�t�d on the cor.ner of 76t�� AvPnue and Able Street. The present zoning in �;he are� is Ii-1 �vith the exception �f the lots �'acinG Ab1e and B�1ier Stre�t v�!hich �.re zoned R-2. The rest of the zonin� ucross the street on �ble is :�-1 and the majority of the houses in there are sin�le fairi:ily hcuses. P:Tr. �quist a�ked .for a clearer expl�anatian of the zoning. P�Tr. �oardrnan stated that the lots vrest of Able are R-1 and the lots acrass the street are n-2 and are clirectly east. They are developed as doub_le bunzialo��s. The lots to the north af 76th Avenue are R-1 lots, anr� are developed a5 sin�;le family homes. I;;r. �oardman stated althou�h the lots �,e}zerally run east and west, there is a lot split there that has Ueen r;±anted that mal�es tiiose J_ots, Lots J.. and ?, ;o north and south. So, �hcre i� a pori,icn of Lots 1 an� ?_ in one of the lots on the corner and a�ortion i.n anotizer lot. So� actuall,y, the structure ��rould be PZI�N;VING COP�I-,I�SIOP1 TllT;:TII`1G� AUGUST 22, 1J79 - PAGE 3 GB facing 76th Avenue T�.E. with the �ide yard facin�; Able Street. I'nr. Boardman shov��ed the Commissioners the plans i'or the pra�osed structure. The plan included �the elevations. It tivauld be split right dovrn the micldle. There are services to the lot so that v�ould not be a problem. He stated that Staff v�ould prefer to see single family � devel.opr:lent in that area rather than duplexes to naintain consistency within the neighborhood. If Staff were to make a recommendation, they would recomMend denial. n7s. Hughes asked if they wauld be ?--bedroom uni.ts? P�Rr. 13o�rdman stated they vrould, He also stated that the way the lot is set up it would me�t the code reauirements if a Special Use Permit were granted. There are 1Q,000 square feet on the lat and that would mee� the requirement for R-2. T�s. Hu�hes aslted why they v�ere requesting a Special Use Permit? T�ir. Boardman stated that a Special Use Perma.t would all.ow a double bungalow in an.I�-1 in certain cases sa they wouldn't have to go to a rezonin�. If condit�or_s v,�ere right, and if, for example, there tvere other douUle bun�alo�vs in the area, a Special Use Permit could be granted to allow this type of thing. They ha.ve done �his in certain areas where they vaanted to :�eep tize zon�n�; R-1 but gave special con- siderations for a duplex because of the surrounding properties. The surroundinJ pro�er.tie� �vere eith�r. indus�rial or commerca.al and it was consisten-� zoning. �o, instead oi spot rezonin�, tn.ey request a Special Use Permit. ` T:Ts. Schnabel asked if the survey on Page 31;� was reflective of the proposed d�-•relling? � i��r. Boardman stated it was. 1�7s. Schn�bel stated that on the Able Street side they show a 35 foot setback, but actually they cauld �;o to i7.5• T��r. �oardMan s�ated that �vas correct and ther� �v�s adequate roam on the Iot for the structure. IFis. Schnabel noted tl�.at the �arat e�^�as to the rear of the property and asked ho�v many parking stalls tivould be required for a double bungalow if this ��Tere a�proved? T,Ir. 13oardman stated that they wauld need �'; stalls per un.it on a double bun�alow. P, 3�ta1.1 �ara�e ;vould nat be required, all they �vould need is l? stalls o�'f-street per unit, ��hich could be drivevray. So they cou�_d have a 2 car gara�e and have 4 parking spaces. P1�. Schnabel, asked if they could have a sin�le car garage with a drive- way �vide enou�h for 2 cars? I�Tr. I3oardm,ln st�t�d they could do it anyv�ray they wanted as long as they h�ve 3 of�'-strnet stalls� PLArt!`YIr1G COl'.'r.ISSTOr1 ,'1�TzIT1G, AIJGUST 22, 1979 - p�GE � 6 � I•�ir. Oquist asked why T�Ir. BoardMan had recommended denial? P�Ir. Boardman stated that in h�s opinior. the duplexes along Baker and ��b1e streets do provide some buffer between the industrial �hat is across the street from Laker, and didn't see anv reason for extending the duplexes into the �ingle dwelling ar,ea. All the units on that block arP single iamily. He did not see any special conditions that would make a duplex necessary. P�Ir. Treuenfels asked how his recommendation tied in with the overall go�l of the City to Provide an additional ?_300 housing units? P�1r. Boarciman statPd that he felt there vrere other areas �vhere it would be more suitable �o go for hi;her density. I-Ie did not think they should jeopardize sin�le familf areas which are lo�ver density areas just to achieve 2300 units, �ie felt the �300 units ti�jould stand regardless o:� ooin� into s�.n.g1e far�3_ly areas and increasing the density. He did not see any reason for it. T.Ts. Schnabel stated that one thing that might be deceptive was that on 76t�z 1�venue which <<vould be across the street to the front of this particular structuref �there is anly one house there and that ti�aould be �95 76tn P.venue. The other properties, c35� thz�ou�h 88s are actually sctiool property no��r and a�e vacanf. So there would be only one home facing this structure on 76th. The property to the v�est is school property. � . ��Tr. Boardman showed the Corn�nissioners an aerial photograph of the area. I>Ir. Ted Hol�ten, the petit?_oner, car�e farivard �n�. stated that the reason he made the re�uest vras that it �vas a l�rge lot, over 1S,d00 square feeto and he did not �ha.nk tha�t it would be aut of ch�racter to have a c3ouble bungalow here �vhen there j1T�'1^E dotzbl�s �cross �l;he s �reet frorn it, on the side of �;he 1.ot. Tn adc'�ition to being �_ar�,�, -i,he difficizlty with the lot a.� tha�t; the �rade 7.s avau-� ?.. to �N feet belayv street grade and irl addition there is about 3 to �!• fe��; of. pe�t--like m� �er. ial on the surface. Iii order �o build. there �hey 5tiotzld have to rer�ove �h�t material in arder �to get d��v�1 to a firr� r:1� terial and more than lil�ely so:,1e compaction or extra courses a�' Ulocl�. 'lne cast of doirZ� thzs would M�ke bv.ilding a sinGle family hame pro�ibitively e;cpen�ive. Tne hories in the area �.re nice but the�r �ren't hi�h b�°�c?��t hor.ie�, such as a lot with these expenses �A�ould dic�ate �u�.lding. It would have to be a relatively exPensive hor.ae ��Thich he did r.ot thinlz v�otzld be salable. Luildin�; a double bun�alotv ��ould increa�e �;he l�rid �ralue and they could a�ford to put more money inio tne l�nd i:��' necess�ry. ;-Ic thotz �ht �hat the reason i�L �Frent tax- �'or:Feit .�ras th�t i�: vras zlot economically �'easible to build a sin�;le fami]_y house on it. Ite tal�:ed �to the nei�hbozs and they didn't express any particulaz objectians to a double �ungalovr if he built a nice one. He sho�ved them the plans and pic-Lures and the�T discussed that if he vrould sell it, it �ti�auld i.ncreare the Probat�ility of �.t being ox�ner occupied. He ti7ould a�,rc�� to this. PLAT1IdTNG COriPISSSIOrd T��'FTITIG, AUGUST ?2, 1979 - P�GE 5 ^ 6D P�is. Schnabel atated that then he vras not making a guarantee that he would sell it as an ovmer occupied unit but was building it for re- sale purposes. TrZr. �iolsten stated that was correct. t,ls. Hughes stated that she had noted a conflict as to the size of the lot and asked for the correct square footage. T�1fr. Boardman stated that the lot was 15,040 square feet. Pr7r. lreuenfels stated that he noted on the plans that the main traffic Pa-ttern passFS througn the lcitchen on the first floor and asked if that was standard? 1�.1r. Holsten stated that for a double bungalow of this type, that was stand�rd. He stated that a lar�e number of this type had been built and were salable. Having a long comrnon wall does dictate some con- straints. I;is. Schnabel a.sked what sizc of garage he was �lanning to build? I:Zr. Hols�;en statect that he had propased a 20x22 �rahich would be a 2 ear garage but had ior�,otten about th� l� staZl requireMent per unit and �vould be flexible wi�th regards to that. T;Zr. Boardman stated that tne driveway woulci qualify. , P.Zr. Holsten stai�d �hat �;he driveway 4�ras about 5a feet long. He felt that a 3 car garage tvould look big on the lot. i,ir. Oq�uist sta�ed that 20 �22 was a sma11 2 car garage. T+ir. Iiolsten stated that tliere �^rould be � full basement f�r storage. P�Tr. Boardnan a�l>ed T�1r. Holsten ��rhy 'rie ctzose the desi�;n he did and v�rhy he ciic�n't go with a de �i�z ivith �n attached gar�g�? This desi� seemed old-iashioned �nd sir:�ilar to tne ones b�.iilt in the 1y.50's and 1�60's. It seems quii.e small. Sor7c of the more recen-c double bungalo�vs or duplexes have attached gara�es on the low�r floor and it r�ives a sep�ration of livin�,; unitc. T�Tr. �iolsten sta�ed that tYi� problem oi puttin�., a t;arage in the middle of this one is th�t it adds to tize eleva�;i.on of �;he building and also adds to tYie eVpense of putting in the fou•_ldation, The proposed design �vould have � fu11 basecnent and he ;vou�.d h�ve to �o several courses be- lo�^a that in order -to �;e-t @oti�m �o sirm footir.Ls. I�' he �rent to the split- entry-ty�e or tlie slab-t�pe ��itii the secorid story on it, it would take a dozen �r�a�;�:ed courses of '�locY und r:�ould be economically unieasible to btt�.ld. He felt tllis was more at-tractive than havin� the garages right in iroi�t . PLAPIIVING COP.iP7ISSZON T�IEL�ITdG� At1GUST ?..2, 1�79 - PAGE 6 GE P:Zs.Schnabel stated that she agreed with T,Zr. Boardman only because she felt that with this size of a lot, it could take a larger structure with perhaps 3 bedY•ooms or something more spacious rather than the rainimal size of this plan. That was why she had brought up the setbacks. He could put a larger structure on this lot. T�ir. Holsten stated that he did not think that 3 bedroom double bungalows returned as �vell as 2 bedroom ones. He could have made it larger, but the ones across the street are considerably smaller than this and if you build a large building among small ones, the return is not too good. rv7s. Schnabel stated th�t those doubles loo�ed fa_irly big from the front because they are long. P�r. Boardman stated that he v�as dis�ppointed tivith the design of the structure. He felt that if the Special Use Permit were �to be approved, they should get somethin.; that ��ould add a little bit more to the neighborhood rather than just buildin� another.structure that is similar to the one across on Able Street. Ms. Hughes asked vahy he didn't face ii towards the other double bungalo�ti�s on Able rather than to�vards 76th? - i�Zr. Holsten stated that he had thou�:ht of that but this plan didn'�t lend itself to that and with th� lot bein� 9� feet'aeep, it �vouldn't leave much of a bacl� yard.� with the 35 foot setback and�the building bein� 3? feet deep, it �r�ould only leave a 28 foot bacl� yard. He stated that he �vas not locked in on this particula_r double bungaloti� anc3. if it would �lease the Comrnission, he could come in vaith anather p1an. If the request for a Special Use Permi�t t^;ere granted, he �vouldn't be opposed to tha t . Tyis. Hughes stated that the one house next door faces 76�h and asked what wlas on the other two lnts? P��s. Schnabel stated that the other houses faced Van I3uren Street. There are really or_ly two houses that face 76th and�-they are 8'j6 and 89�. TJir. Bill Jordan, 895 76tti Avenue .vrz�, came £or��aard and stated that he had a petition si.`mn.ed by 20 people. Ou�; of 2? homes that lie went t�, 20 vaere de.finitel�T at;ainst it. iie stated that they �vere sick and tired of douUle bun�alo�°�s. The person who ocvns the double bungalow on Able StrEet aoes not take care of it. If this i� built, he would sell his izouse. 1-Ie has lived there seven years and lsna�vs that the other neighbors i�el the same r�ray. � T�Rs. Schnabel as;ced if he h� d any kno��a.ledge of the his�ory af this lot from the stand�oint o�' previous o��rner, who did iZOt build on it? I':ir. Jordan stGted that he �vas i;old that a creek r.uns �;hrou�h there and that �_s why �;he � r�ss and trc,es sta�r �;reen. i:is father has lived in I'rid]_ey his �vhole .life and. Y�e told i�irn th�re v�,��;; a creelt there once. �ie re5_�terated th�t the nei{;hbors ��rere very a�ainst it. PLANn1ITv'G COr�'��ISSIOPd T;FETI.TIG� AUCUST 2.2., i�79 - PAGE G� P��OTION by I:^. �iu�hes, seconded by T,1r. Treuenfels� to receive the p�ti-t�.an a�ainst the request. I�1s. Schnabel read the petition as foll_ows � The fo11ow5.ng list represents those peo�le �vho are against the erection of a double bungalow at 75f32-7S84 A�le Street r�E. It is signed by 20 people. UPOI1 A VOICE VOTE, ALL VOTITdG AYE� VICE CHAIR��10P1IAN SCHPdABEL DECLARED TI�E P�ZOTIOI�i CARRI� UIvTA11I1�70USLY. P,Tr. John C. Bernardson, 876 - 76th Ave. P1P;, c�me forvrard and stated that he lives ri�ht next door -to the lot in questa.on. He stated that when I,�r. Holsten first came to his house and told him about the double bun�alo�v, he told liim at thGt tiine i:.7�iat he didn't care either way. Bu�t, after thinkin� about it, he decided he didn't w�ant it, because all the double bun�alovrs on �ble loo� terrible. He stated that he also would move if itvis built. ile has lived there 3 years. T.Zr. Richard Lein, 755� �ble Street, cam� aorward and �tated that he was not home �rrhen iir. ��o3sten came around Fvith the pictures of ihe structure so he had no idea oi what type of structure he had p�anned. He did talk to him on the phon.e and he ��reec} �Kitl�. the f9.nar�cial problems of the lot, but could not a�,ree because it �4�as on his side of the street opposi�te a dauble bun;�aln�v ane� th�y h��rE h�d a lot of probl�ms vritn -the double bun4alo��>>. They are not ?�e�t up, i=�r. �e�~nardson stated tha-t peopl.e rentin�; a double bung�loµ� don't care �vliat it loo:�s like und the o��mers don''c care. Thes� mi�ht be nice ��vhEn they are first built, but a�'ter a few years they becor!me run do�vn. He tlzou�ht the lot shauld be cleanec� up bu� didn't -�n.ink a double bun��lo�.v �vas the ans��aer. P:Ts. riu� hes �sked if the lots that the school o�ti�ns �arere pl.atted and if they could be sold fbr residences. ItTr. Bo�rc�raan st�te� there Sve� e plUtted a.nd i�' the school decided to sell th�y coul�.'�e d�velaped as R-1. It is zoned R-�. I+Ts. iiu�hes as.�ed i�' ;°Ioodcr�s�t had aml pl�ns to clase that s�hool and if the lot r�et the mini.murn r�quireme�zts o:f i�he state �s far as �rea without these lots? i,:r. Bo� rd_r�an sta.tec� tli�zt �s �f�r. as he kne�v the School District planned to keep t�Toodcrest oi��n a � thi.s tic�e. In their Comprehensive Pl.an it looked. li}�e they vro��ld continue the oper�tion o.f tl:e school and there- ior� v7ould not sel.l tnese lo�i;s. T::r. �Lo? �te?� stat�d uhat he v��as disappoi.r�ted at the response of the nei{�;hb�?�s ��nd. v:�as not avr�rc of the oY�jections they had expressed here. He ��ished 1-heS� ha� expres ;ed ther:l ��rhen he llad talked to �tiiem because he has put more money into the project since then. It seemed that the PLP.III'dIr?G COTiP�1ISSI0td t�r�TT?�1G� AUGUST 22 1979 - PAGE � major problem was that the r�eighbors were relating him to the owners of the property across the street. He doesn't know those people and didn't feeZ he should be judged because of �vhat they did. He stated he had built several double bun�alovrs and none of them look like the ones acro�s the street. They are well r:aintained. He noted that a sin�le far�ily hoMe could deteriorate also. That is a functioM of the awner. IIe would be �vi.11ing to guarantee that he would sell the double bungalow after it is built and therefore, there would be a high pro- bability that it v�auld be o�mer �ccupied. T�Is. Hughes asked P�Tr. Holsten if he had other property in Fridley? s� Tllr. Holsten stat�d he did not. He has had property in Columbia Heights at 39th and Ulysis. He built four double bungalo�vs there and would be willing to show theM to any interested parties. P•ZOTI0�1 by Ptis. Iiughes, seconded by t-Tr. Treueniels, to close �the Public Hearin�. UPON A VOICE VOTE, ALL VOTII�IG �.YE, VIC : C�iAI�Z'.°.�0�`:�A�i SCHIvAB�L DECZAR�D T�iE PU�LTC I-i�'P.IZIT�iG GLOS'� ,�T 8 s 1� P.I�1. TZs. Hughes asked about the advis�bility of usin� Special Use Permits rather than rezoning. Pr�ilosophically i� seems to be a cop-out to her and yet it also provides some protection to the area because if that use ever channes it reYlerts to the zonin�. She wauld like some dis- cussion regar�in�; the question of Speci�l Use Permits rather than re- zoning. ' T,is. Schnabel stated. that sh� W2s surprisnc� that it came as a Special Use Permit also. The feeling in the past has been, in dealing with Special Use Permits (SUP), the P�annin� Commission has generally been a litt�e I�ary oi them Y�ecause the bur_den of proof is more on the City than on the petiti.o�e•r ir� terr�s of. ap�rov�l or c�erxial. Fart of the a�enda is �o receive a ne,v memorand,um on this questior� of SUP from the City A�tornery. She did know tha�c philoso�hically in thepast, the Planning Cornmi.ssioi� has pre�erre� to see them nundled straight out. TSIr. Boardman st�ted that at one time the Council had asked the Planning Camr.nission to look at the ru�stion of whether zt v��ould 1�e better to have a SUp or rezonin� �nd not �11.0��,� a duplex ii�. an R-l. :Ie believed that at that time �the Planning Comraission dic? serid a recor�imend�tion to keep the dovble bun�alaw �titith a SUP, because there were certain conditions they mz�;l�t va��n ��o loolL at as �'a,r as a SUP for a ciouble bungaloti�� if there were s��ecial conda.tions. He was not sure �^;h�,t 1;he Co�ancil's �ttitude was at that �time, but: it �r��as his understandin; that they wanted to el.iniinate that bec��use i.� does create a piol�l.er:� in certain as?�ects. It is an e�sier wa�� f'or somebody to �et a double bungalo. Although either one regui�es a public hea�'ing. P_A_GE 9 � �i PLANNITdG__COf�`f��IS.`'�ION TIEETING� AUGUaT 22, 1479 ' - T�is. Schnabel atated that in this situation it is almost like rezoning because they are takin�; an isolated lot and giving it a new twist. They would be permittin� something to be,buil� on other than wha't it ��as zoned for� and she thought that vahether they call it rezaning So cal,l it � Spec�al Use Permit, the ultimate re�ult would be same. they have to look at whether tttat was the :;.ntent of the original zoning p�an. In terms of rezoning, sever.al people on the Board have been con- sa.stent in opposing spot rezoning. Sy7r. Oquist stated that rezonin� was permanent ��rhere a SUP is temporary. I�Zr. Boardman sta�ed that wa_s not really the case because a Oncela1SUP� Permit is �ranted to the land not �he structure or owner. is granted that automatically al.lov�s another txse that would be similar to that. If the buildin� was destroyed the buildin� could be replaced �vithout another pub�.ic hearing. :�ie noted that a SUP gives the City a certain amount of control because they can p3.ace certain conditions on it such as �11D��rin�' it for one year with annual revieiv and also the Council can revoke a SUF. iio�tirever, with a rezonin�, a special process v�ould be rec�uired. Tn some c�ses they allowed a SUP fbr the canstruction of double bun��hewsron�a� RundesirableeforwRsllifutheyawerergood�looking it vahich made P P Y units. ° P�is. Schn�bel stated that she disagreed �that tY�e SUP vrere usually granted to the land. Tt seem�d to her tha�: they were granted to the o�vner. l�.r. Boardman stated that was the case zn some instances, but in most cases, it �vas �ranted to the land. T�Is. Schna�el s�ated th�t in this case it �nrould have to go ta the lot because Ty�r. Holsten pl�zinec� ta sell.. I,.s. Hu�he� asked 'nov��J the d�ci;�ion wUs m�de to ask for a SUP or rezoning? T;ir. Boax'dman stated that when U petit�..oner comes in., Stafl looks at it and advises thetn �s to ��h�t rou�L.e they ��aould have the best chances with. In this c�se, he felt �lie r�zon ing ��otzld nevcr be a�proved. i-ie stated that he could nev�r approve � r.ezor�.in�, here. The only way he would aPpr.ove a SUP tivas �vith a 1a� o�` s�:eci��l cond�.tions �ar the protection of the n�it�:�bors. Even then, h� v�ias very cau�tious becuase he didn't feel eithcr rezoxlin� or a�peca_al U�e �errnit v�ras ix� the best interest of the nei;�iborhoad or the Ci.ty. They try to �;ive the petitioner the best direction they can �s to which i�R�ciSr to �o anc� ��Thich way �vou1d be his l�est c:c�ance, if -they ieel there is any hope at a11. In some cases � they try ta discoura�e the developer �rom goa.ng at al�.. TrTr. Trcuenfeo� I.`e��na�"�uhicharas�n entioned�in�thenmemo from l�r.�iHerrick �he v�ii�� reLardi�z� Special Use Permits. PLAI�TNING COP�TP:IISSIOPJ R1r.rTING, AU�TUST 2?_, 1s79 -_ PAGF 10 � rllr. Tr�uenfel.s read the follov�in� �tatement from the memo i "a denial of�the permit mtzst be i'or reasons related to public health. safety, and general �velfare." This statement was on,Page 3 of the memo. 6I I�:r. �3oardman stated that wher� they tallt about general welfare they were referrin� to the �eneral welfare of the neighborhood. If the City feels �hat a structure would not be in the best interestes of the Gity or the development of a nei�,hborhood, those would be grounds for denial. The difference b�tween a rezonin� and a Special Use Permit is that the reasons for denial for a Sl1P falls upon the City and the City must �ive the reasons for the denial. Under zoning, the petitioner has to �ive �rounds� as �;o why i-t should be re�,oned. �ie stated that you c�n lay out pretty strong grounds against a SUP if you want to deny it. General v�relfare is a very bro�d cat;egory. i,ir. Oquist stated that Page � aiscussed the standards. T<Ts. Schnabel sta�t.ed there �ras also a statement �vhere ir1 ierms of general public vaelfare, it should not impair the use, enjoyment and value of any pror�erty. T.�r. BoardmUn stated that tvhen th�y ta1?� about a SUP in a residential area, they generally have a lot of grounds. - i��s. Schnab�l s-tated thzt anoth�r thing tha� makes it difficul-t is �hat in workin� with SUr , they hav�; t;o be ve�^� c�re_�ul in a denial that they cite legal reasons to �ubstan�iate tne dea�ial. If the petitioner has presented the case in sucn � manner that it meets all the code require- r?ents, and i�t �oes not in�ringe vpon the hea_l �ht safety, and �velfare, irZCluding aIl services such as t:ne �'Jater r��artmen�:, the Folice Depart- ment, and thP. F�re Depar�rnent, of the ;eneral p�ublic, it �vould arbitrary to deny the Special Use :�ermzt. In or�der tc reny it, �ve must �resent the le�a1, reasona ��Fhy they reco:;�r�er�o c'e.lia7_. y'11at's v,here the burc��n o� a: t?I' Lecowles verSr d.� �ii.c�.il. �. Nl�e Ct�fi.ed that they rlcke a recor�endati�: to Council G.nd Cau:lcil h�s �he final d�cision. . I�s. ��u ;'�e� �tatnc� tizat she sensed a cr��nge of �ttitude on aome of these thin�s. ?�'or a 1�Y�.�; tir�:e Gi-cies l�i�re ru��nin;; srared and the case lavrs supported it. SA1r� believes t'.1a.t h�s ch��r.l�red ov�r thc p�st fe�r� years. The test of it is Q�'VlOUSZ.jT �vhen � d�ni_��1 �e�►�s taken to court by -the pet3_tioner. She felt tlze cii;ies Iz�,v� beer� ,�uch to scared ubout denyin� S�eci.al Use Perr:�its �nd xc�zanin�s. In a�ituation Ii}ie this she vroulci bc tem�ted to m?'.ce th� deeision on iTr. ��'-reuer,iels baais of needing mo?^e housin� s��hic?1 is �.n �l;ne pt.bl.ic iri�te .res�t � r�d tiTould overb�lance disruntin" a?�ei�hborhood. She c�id not °��ant �Lhem to run scared on S�JI� because �ez�er�lly she thou;h�t the�r �a�ere an "e;,sy rezonin;". She asked if they could d.elay a d�cision on thi; until they had received the memo? T:�s. Schn�b�l st°��ed th4 t i� they tivanted ta ��o �;hat, they �vould have to table the rec�uest; eithe_r un�til thcy had rer.eived the rler,lo or for tv�o �;�eelis . PLPNl1I;1G COP�It�.TSSION P.ZEFTTTIG, AUGUST ?_2, i979 - pAGF �, 6J I'�.�r. Hora asked tivhy they should t�ble it. They have worked �vith Special Use Permits beiore and h� was sure they had never not denied one. I;is. ��ughes stated that she �vould li'�e to knov� if there was somethin� new in ther.e. But she a�reed and u�ated she v�as ready to vote. S.�r. Treuenfels quoted the statemen�; an the bot'tom of page 5 of the memo regardi.n� the case of i3eck v City o� S�. Pau1. I.IOTIO�; by I��Tr. �iora, secorzded by t;s. �iughes, to recommend to Gouncil denial of the r. eql.ie�t :far SP �'f7q-08, by :xemplar, Inc, Per Section 20S•�53� 3z v, to a11ow the c�nstr.uction of a double bungalow in R-1 zoni.n�� (sin�;le �'amily d��ell�n� units}, on Lots 1 and 2, Block 3, Shaffer's Subdivision Ita. 1, l�ring ?:ast oi the :^lest 90 feet thereof, the same being 7j82-3� l�,ble Street T3.L., based on Staff's recommendations. RZr.. Hols�ten requested it b� �abled so he could talk to the neighbars a�ain and see i� thEy could arrive at a solutian. P�Tr. Bo�rdman stated tha� hE felt the Commissioners should consider whether they want to a11oLV �ny duple�> or whetYxer it ��ou1d be a matter o� continuing. v T.�r. Hora stated that h� felt it was placing a burden on the property owners because �they h2d presen�ted a peti�;ion a:�c? they have decided -tt^.ey don' -� �^aant a dou�.�le bun�:alo�#r in there. if rve tabl� it agaa.n, he v�ould Yiave to �;e�t another p��t�.tion. T+:r. Schnabel stated thcre �v�re several altern.�tives, The petitior�er � could ��ithdra�v the rer�uest at �n� tir,�e and �i;he second alternative tivas th�t i�' th� �oard vr�nted to aci upan it I10�dvr� at thc 'tirae it goes before thC City Covnci:l, the ��e�ti�;ionEr coul.d bri_n� in either the sar�e pl�,n or � ner�� one af�ter h� t�-.lks ti�rith the neighbors, She noted tnat CounciJ_ ravs the �inal aui;hority. 1r1r. Boardman s�ated th�t the r�eeting a� the Cotar�cil �vould n�t have to be a public k�earin�. T.Tr. Iiora atated tr�at th� p�titioner could pre�en� nesv evidence. T,�r. . Jordan st� t°d. t;!hat thP btzi�din�,�' Yir d no�h�.n�; to do �vith a.t. I�e��r �alans ,�;ou1c� r�o�t ch�n�e the sii;uation. r.Phcy cion't want any double bun;alo�vs in thcre. T�is. Sclznabel s�i^ted tha ��.�' �}ze tzeichbors vrcre z�ot i�n�terested in discussin,�; :� � af;ain �ti�ith F�"ir. i-Iolsteri, ��ien t'rLere was no reason to continue it. , ;.Ir. O(�Ltlat askec� if it �ti�Ull�.�� rnai�e a difference ii it were ov�ned by the peop7�e l4viil�; in it? I�: �o1;h side,� ��ere o�nzer occupied? i,Ir. Jordan stafied �h^�, sti11 �ve�,Idr1't 1:1�1Le any di�'Gerenee because they cc��.l1.c? s-till se11. it s�xzd i-t �vould b� eoi��e rc:ntal property. I„r. }3oarr�r:��n no�;ed �;1��:� L therE: l�ras na�thin� �l:o stop � sin�l.e family house �T'Olil �1E'C:C'I�?.:L?1��" 7:'C:l�r`��. yJ�'0�781 t�Y�. . PLA'`i�dl�'G COT��i';IS5IOP1 1'T��'FTIIIG, AUGUSl.`2?, 1�79 � ___ PI�GL 12 , � i� T:is. liu�;hes stated that with the cost of housing, the man had a point in tryin� to provide this type oi houain� and we also have an obligation to provide housing for future generations. It isn't all a case of people who rent being no �ood. Her Personal philosophy was to oppose this kind of special use, but we also have to provide housing. I�Zs. Hu�hes stated that �ve have some severe probler:is in this State with housino. i-Io��ever., she did not like R-1 nei�;hborhoods spot re- zoned. She felt there �vere some s�rious vaeliare problems connected with that ar.d she did not feel it �erved the City w�ll. The orienta- tion of this particular unit is the wron; way to �ive Much justice to R-2. St faces into areas that could be R-1 across the street, and the nei�hborin{; hou��s are oriented in such a way that they ought to be able to expect sor�e protection. Those are generally the reasona why she �rrould op�ose the Special Use Permit. The primary one bein;, hovaever� is that the Special Use Perrnit in this case is really in lieu of rezonin� which she i�lt was the proper �vay to handle this request. U�'Oi1 A VOIC,��. VOT"!�, I'��i?. O�UIST, T.IS HUC�H�'S, T:iS. SC��i.dA?3�'L, T•.iR. HORA VOTING AY�, Ai`'D 1'.P,. T�i:U :PdF:�LS A}3STE�TidiT�G, VICE Cu,�IRi�TO:..AI`� SCIiT1ABEL D£CLARED mHE P,IGTIOrI CARRITD . ItiI�. Schnabel inf.ormed the petitioner that they h�d recommended denial and it =vould go to Council on �eptember 10, 1979• , .;.r. �oardman s�tated it would ?�.ot be a public he�ririg but the Council 1vould entertain c�uestions .fr. om the pe'citioner and al;;o �rom the nei�Y�bors and they �vould encourage,.al.l interested parties to attend. 3., PU'.3LIC 'i�Ai?Ii�1�: C(JP3SI� :��'?'�G�T�T Or' A RE� Or�II'.rr R:1;<`U::ST, 2QA �79-0�, , r�,. ,: T �� r��,r:� � i�� :1 ?; �,,;Tr�TCCZ: '.•�ezoize Lotr 7� 8 and BY J�:.I�'.�.a ��. s., �, �, ' IC,.��1L D. G��Y�v�. ,31oc.r 1 Ventral Vxe�v �':aror i'r. om C-2_S ^�e�er� 1 shon in areas to i�-1 ti�-ht �n�u�trial � reas to a.13_�<<: �,he co.�struction of a ne�v indus�ri2i bu�.ld�n�, tne ��me bei�z� 1175 ?�- ��v�nue I�d�. : I:;OTIO?�d by i,;r. �'reuen�'els, sECOnc�ed by T;ir. O�uist, to apen the Public Hearin�. . UPC�Td A VOIC� VCT�, ALL VdTI:dCz AY,, VICW Cti�IR�'d0I':T.la�i SC�iI�TA}3�L Ds:CL1�REU Ttt:� PU�LI� HEARZ�iG GP)�z1 AT 8 t j2 P.i�:. Trlr. Boardrnan s�atQd that t11is �roper�y w�s loc�ted j�zst west of Central Au�;o Par�:s on 731 ��'e. and is �>i��d of surrolxnded by thc mobile home lots� or r�+rer their sella.n;; yazd• i:'r. �.'o��dr�an shovJed the Commissioner� an aeri�l nhoto�r4�?h oi the area. ;�e stated that a Spec�al Use Permit �vas �;ra��ec� to tne ��c�bile ,hoMe to set ttp ,a displ�T area here. The rea�.�es1, �.s fro,.� a co�nr,��rc��l �,one to an industria� zone. i,!r. Boardman indicated on t��.e aerial view ��,�hich oi the �ro��erty in the area was com,nercial �nd �vhich vaas indvstrial. They �4rould li}ce to put in a s�ara�*e y�rd, a construction o�fice ��i-th I�oyaJ� Electric operatin� on one sid� and a con^truction op�ration,an �he other s�.de. PLANrII]�IG COl'+IT�;ISSIOi�i P�1�ETING, AUGUST 2?, 1979 - PAG� G L �ds. Iiu�hes a��:ed rvha o�vned it? P�1r.. Baardman stated that the lots in question were Lats 7� 8 and 9. Lots �, 5 and 6 are ov�rned. by the trailer operation. Lo� 1 is ov�med by the City of Fridley because of the pump house. I,ots 2 and 3 are not oi^rned by either operation. The�lots in question are owned by Gus Do-�y. I�' xt is re7oned i� will 1�e sold to the petitioners. They may not want to buy it if it is not rezoned. Mr. Oquist noted that i�t �vas surrounded by l.ight industrial all around with the excep�ion of that one area. I1Ir. BoardMan stated that his recommendat�on that eventual.ly where the trailor sales is, it would a11. be industrial. rie felt �that the further back you go from the main thorau�;hfare, the less desirabl.e the property is for caMmerc�_al. P��s. Schnabel sta.ted that she a�reed and that she could not see a shoppi.ng center oi sor�e ��ind �ain; in here. There tiAaould be no way to see it. �1hile she �enerally op�oses spot xezonin�: she felt this was similar ta the sa.tuation on 01d Central �vher� a.t is a more com- patible use for what is alreac�y exista�n� there. I��ir. Oauist stated that he did not think tnis �aTas really spo-t rezoning because the proper�y to the east and the pronerty to the south is alr�adjr "t;1-1 sa what they tivere really doirig t^:�a� nxten,ding it. T:�ir. Bo�rdr�an stated that i ��^ras real.ly a pl�nned rezoning, and e�v�ntually all of 'triis area ��roulc� be in,dur�ri�? . He �,roulc� reeoramen.d it go that directi� . ii� svould li?�e to see �;hem elimir�a�t.e as much strip comt�ercial as possible and 'ne felt this �vas the in�ent o� the City. P:Ts. ScYinabel al�o no�ed that �th�.s ��r�s no-t a s�ot that they would ever vJan't to chan�e to re�id�n'tiUl zonin�. i1r. Baardr��n sta'ted that ��hen they vrer. � discu��in� the zonin, code, thef had discusUed elirainatin� tzses in this area such as the junk yards, etc. T:;r. Jc�es Lonc�.c�n �nd T':r. r•iici�ael D. G^nnucca., the petitioners� car�e f�i�V;arc3 anc� iir. Lo�.don stra�ed. th�t hc �^.ias a.n the home cons �ruction b�ksine �s and :zis partn��, I`�:r. Gunnucci, iv�s an electrical cor_traetor. iie sta �ed tilat �:hey �lan to build the bu�.ld? nm �'or tk�eir ovm use and �F��ould r�ain�i;ai�z tlZeir o�'f ices in the bua.ldin� . i`„s, Sc}Z;�a'nel referred to 1�he site nl�n they �fere shocvn and noted that thc;.t hac� off-st�z'e��t �?art.inf7 ar�d u;�tora ;e yard �vl�ich vrould be all screer�eci. � T � T n w� ^♦ ,i 1979n PAGr l�. � 11 P7�A�ITIIPvG COT�I;.IaSTOi, T,I_.i,TI��G, AUGUST ?.2, P,1r. Boardman stated that screenin�; fences ��ere required between all adjacent zones other. than industri�l zones so they wouZd 'nave to have a fence a�or�z; the r.orth and �veut Und it �vould have to be a solid vrood screenin�; fence. Cn the west it would definitely have to be a � solid v��ood ^creenin€; �'ence, and or the north a chain link with wood slats or sornethin� like that would be alri�ht. That would have to be vrar}�ed out. T.ir. London stated. that for iheir av��n �rotection they would want a fence. 'i�is. Schnabel as!ked if they had an o�tion on the property a� this tir�e based on the rezaning? T.�r. London stated tha-� ��ras correct. I.is. Schn�bel asked ��ahen they would proceed if the request were granted? I�Tr. London stated they tivould like to start this fal.l. T,�s. �-Iu�hes stated that she had noted th�t the sz�nature on the a�plicatian �vas tne si�*nature of the ��titioner rather than the o�Nnership. She felt -that the o��ner of �the pro��erty should sign that. i:lr. Boarc�man a�r�ec� �.nd : tated that T�Ir. Doty sl�.ould._have si�,ned it and �;h�-� he ti�as ��vare ai this o , T�s. �Tu�hes stated t2iat in the fvture that should be handled correctly. P-�s. Schnabel. asked if �the size of the property met the requirements for I�i-1 ��onin.g? I.�r. �o�rdr��n stated tYiat ifi d�_d ancl it v�ras over 3f'� of an acre. I:TOTIG}'d by i.ls. aiu�hes, s�conded by t�.Zr. Oquzst, ta close the Pu'plic Hearing, UP0��;1�� VUIC � V07' �, �!L� va�rTrr� �aY'�, VT�L C�IA�RG��Oi;;APd SHCi�TA�3�L Di�CZ�RLD `I'I�� I'UBLIC ::I.EA �Ii�1G (Gi.,OSi:?D �T 9:08 P.l'u. I.ir. Oquist stated that he felt �t;his �vas a s�tisfactory use of the l.and and there vv��s indu�trial around it. P:i0T70�ti b�r I1r. Q�u�st, seconded by I�1r. Hora, to recor�mend ta Council �pprav�Z of l�ezo�lzn�, P.eq��es�, ZCI� ;r79-0�� by James �. London and i�iichael D. Ganrn.�cci a Rezon� ?�ats 7, 8�n� �, I3.loc1; 1, Central View T.iannor, from C-2 �(`ener2l shop��l.r� areas ) to I•a-1 ( li� ht indust.rial areas ) to allaw the con�truct�on of u ne�v inclus �rial buildin�, �he ��me being 1.1.75 731 Avenue I;.�,. UYG:: � VOIC ��'0��':%, ALL VGTIiIG AY:�� VXC:�:. G�1.�1x�3.',�'Oi:;Aid SCHIZA�3i�L DECLARED T�-I� T�:OTiCT3 C�`��RI:�D L�T.;�,11i`GUSZ�'. PLAPIPII;�1G COT':?'�;TS�IOI�i I'•;�.'�TIt�G AUGUNT ?_? 1 - PAGy 1 6 �� lJ.'ti �Z• 4. T.Is, Schn�bel_ inforr�ed the �etitioner �:hat this v��ould go to Counc'_:�. on September 10, 1979 and a public hearin�; ��tou]:c� be set for October B, 1979• � a. Rt^�C�IV� i i �I;;OR�,:•`DLTi'" FRCi': VYI;rIL :��RRICi� CITY AT^lORi1 �'Y DATED AUGUS� ?, 1�79s I.�aU=:s �.hat are the rocedural and substantive requir�r�ents ��1�-t r�vst 1�� cor�nliFd tivith in ��r�ntin�' a specia]. use ��rmi-t,, a�rari�nce, or a re-;�onin� chang�? _ T:;r. Oquist stated -that he �vould like to have tim� to read it. T�TS. Schnabel a�;reed and r��ues�Led it be placed on the next agenda � � She also requested a copy be sent to for discussion purpo�e.�. T.Tr. Harris and T:r. Lan{�enfeld and also to each member of th� Appeals Commission because it also oeals with vara.ances. P�'i0TI0N by T;r. Oqu�st, seconded by IaTs. Hu�hes, to receive the memorandum fror� Vir�il Herricl�, the City Attorney, dat�d Au;ust 2, 1979• UPOTv' A VQIC�; VOT�, ALL VCTIi�dG r�YE, V'SCi,, C��IRZ'�OT�ZAN SC:�iP1�BEL DLCLA�ED THE T,i0TT0i�d CAt�RI�:D UivA,��II.iOUSLY. Vice Chairvaoman Schnabel d.eclared a recess at 9:10 P.P:Z, and reconvened the mee �in�; a�t 9:2j P.T�:. . ��5. �0"i�iTiT�U�D: COi'.2.�.'i? �:i�i�Sl'J:� D �V a��OPi'T�'i�IT PZ,AI�?: . � TR�:d�FGRTAT:COPI : . I?`11�ODUCTI01`ds I,?s. Schnabel, stated th�� the Cor�muni-ty D�ve� opment Commission concurred with �the Tr�nsportation I'_l� n �rd tl� P�rl�� an.d ��creation did not dis- cuss it. i�ir. Treuenfels s�ated �that he found tYie �lzi_losophical comments in the Introducl:ion help:ilzl even thou�h he did not a�ree e,�a.�th all of �nem. FL�!^', I�I��C��?Q��i: i:ir. Treven�'els s�ated t.1at he �e2t ;�� shaul.ci be ;rl. ile fe�.t that � ;t'=�t� should be -�he tor� priority. , I�ir. I3oardr�an stat�:a �that thcy ��rere not listed �.n �riority. I:r. Treuenfels ��s],ed that if z� ��ere x'ety��ed� the order be chan�;ed as he su��est�d• aie f�1t ;;`-'►� should be tlieir pr. irnary �;oal, I;;c .�Iu;�'.�e;; �;� eed and i elt th�t �1�� SI10L1�C3 U@ ;;�1 �nd ;;-5 should b� r�2. P�1�o� she �'E_l�t that mainterlanc� of �Yie existin� system could be im- provement o.f. r T r�r. c+ ^T 't'�, 1974 � PLA �I`?STrG COi,�1IS,�IOi+ T'I .�TIPTG� AUGLIST ?2, '- F'�G'-' �- _ -- . -, � i-7r. Deblon stated that ,�2 taolt care of improvements. He stated thGt a.n the real ��aorld they had to Maintain vahat they have and when they get the chance, and the money, r�aYe chan�;es and improvernents. He felt that the order -they �vere listed in had a certain flow to it. I�Zr. Oquist noted that when aonethin� is numbered, i-� is al�vays read in order. � � � T�Ir. �oardM�n su�Uested they repl.ace the nuMbers wxth dots. T�Zr. Oquist a{�reed. i+i�. Iiughes s�tated tnat maintenance did no� have to be a priority. Prlr. �oardman stated tha�: it was a priority because that's wha't the roeo�le in the City vaant. Saiety is priMa�y and rnaintenance is for safety. T�Tr. Treuenie? s stated that he felt tha � mzznter�ance was a small par�t of serv5.n� transit needs. G0� T:Ts. Huohes recomrlencl�d the ir_sert "conservat�on oi energy" after the word "ef�iciency" . The Commzssioilers concurred. 1';�s. Hu�hes stated th�t it appear_ed to d��7_ primarily with roads and �he felt th9_s �vGs the Y�rron.�; Er:n�`�asis. , Ob1�CtiVe 1., Polic�r 1-_i,s I;ir. Treuen�els as'.�ed hotv tne Ci�tv vrould. do that? I.:r. uoar_ d.�an stated �;hey �rouid make saiety imp�.�ovements skch as signalization, spe�d limi� controis, etc. � � �U'j@C'�lVP. �� 0�'1C�' �_�.t�:_ i:'Is. �chnabel quer�ioned the �vord "�rornate" . She .felt -thcy really had to develop park ancl ride sites. T:ir. i�aa.rdm�an s�t�ted the�T ��ould tr�r to promote coopera�tive efforts �vith busines�r�en to a�lo�4� joint uses of �arkin; lot� ancl �h�t type of thing. I-�e rtater� �th�t tl.ey had one szte na�� at the �rena. A plan «�as developed and sent �to the I;��C la��t they don't have tl1e ,:�one�r zor it now and it v��as �ut an ir.e. %:e felt �_t s�iould be er,coura�;�d, ho��;ever. He went on to men�t� on sever�l ��o� sible locations �uch as I:Ienards and T�Iorthtawn. Ob �ective ?. � Po]�ic;�r "-�'� �� ?-� s 1:=r. Treuerz��7_s asl;.�cl �•r�zat the c�if�.�'erence ��-�s bet�•reen t�iese trvo policies? ?`.lr. D�blon statec9. �hat it a�peared to ?�e �-� typi:��?; er.ror. and he t^�ou�.d ].oe's itzto i_��. � � � i � ,; pI,AT1T?iT?C COIi?;ISSIOrI T.ZI:'.:TITiG t�UCrLTaT ?..? 1 - PAGI: ._ 6P Ob;ective 2, Polic,y 6: T�1r. Tretzenael� a�red if �ve really had that many options as to where they would develop housir_g? l:ir. i3oardman stated that ii they were �oing to be looking a-t housing ior the clisadvanta�ed, they should be lookin� at locating that housing in areas where they can provide that transit. Y��Ir. Oc�uist asked i� i-t wouldn't b� easier to bring the transit to the area, especially if there ivas a high volume of need in the area? T:1r. �oardr�an sta �ed that the problen �1ras they needed a turn-around area and also there are problems �^rith -l;aking the buses through residential �reas to �turn thern around.. Iyis. ��Li�hes stated they ��rauld have to s�t�rt looking a � jitneys and multip�e use cabs and things l�.l:e that. T•,1r. Treuen�els st�ted �tizey hac. to think of a1�Le:cnatives and make their desires l,nawn. I�is. Iiubhes explaine� th:��L � jl't]1E;,r �vas a ven�.cle that ran on a scheduled raute co��;inUOUSly vut not on a time scnedule. It is a�huttle service. It could be anythin� irom v�ns to stationw�goizs, or taxicabs th�t can accept more tlzan on� f.Ure at a tir.1e. ` Object�ve .2, Policy : l:is. kiu�,hes asked vany this ��rasn't a separate objective. She felt this. was critical and very importan�t. T+:r. �oardman st�ted that they iel-t it ��as a p�rt of Objective 2. I�ir. Treuenfels �s�ed iz it v,�ouldn't be better -to delete the word ��necessity"? The Cornmissioners cancurred. pbiec�L�_ve '�: i'ir. Treuen�'els noted th�� "con ;estion" ��Tas spelled wrong in the stater:l�:i�t under. the o�jective. (�bjt�c�,�VF i, Pol_ic,y J_-�: T��s. Iiu�;hes as%�ed i.f tlzis ��ould, be re��rrittcn? � Deb�_on 5�3t:P.C� i�; �a;�s a?�c� i�rot�ld read as follo��s i "The City shottld s.r. �nalyz� tl�ese i:�lprovements to ��et�rrl�?�e if tfieyt 1) improve localize m�vc,:zent, 'Y�,�i��'7ii1 'the cor.i�;1LiT11'ty. ?..) a�iver�ely e�'fect tize natural and. ;�oci.al� ei-�virox :�icn';. 3) adver:�ely c�'�'ect trie over�ll economic �vell-Uein� Of ti?� ci-�y. �� iitlt? 1`t02:`C3S ��CiO IlU'L�� 'JEl"0 C�£.'�G'tC'.C�. YL�1I�Ii3IT1� CO�.f,7I ;SIOI1 �,Z::�TTt�;G, AUGiJST 22, 1979 - P�GE 6 Q Ob;j�eti.vc 3� �OL1C�j 1.! I'.Zr. Treuenfels as.zed ior an example of re�ional �transportation facilities. T,�r. Deblon cited the interCtate and the railroad as examples. T�Ir. Boardman erplained ana]_yze improvements on iter!� listed. Ob�jective �: that they �vere sayin� the�t should continue to it to see if those a.m�rovements imprave the I:?s. Schnabel ref�rred to the staternent under Gbjective 3 with re�;ards to the 7ourth ser_tence r�hich states "Thi:s north-;>outh movement has made local east-�rves�t raovement increasin�ly difficult. .. the City shovld v�or.k v�ith the appropriate a�encies to reduce the negative effects." She aske� wha� the thinking beh?nd that v,��.s and tir�hat they could do? i:ir. Boardman statec? that one of the rnain queS'�1O71S was hoti�r they would get pedestri�?.n rlovernent �cross there. Cne of the -thin�s they may have to do �.s �•vork ��ith those a�;encies to �;et over-passes or under-passes and/ or a ch�n�;e in the sa_�naliz��tian sys�t.em ��hich wil�_ allow that nedestri�n movetnerzt to cross. .�nother ti��ay yvould l�e to work with the Rice Creeli bike/vaay syste�r�. - T.�s. Schnabel asked about the pedestrian movement from the Village Green. T�:r. �oardman statpd they really hGven`� dorie any monitoring of tha� and� thou�ht th�y shovld. RZs. Schnabel stat�d th�t i.n refer.ence to tr�f�'ic in neighborhoods,and commer. cial s �riv� i_n'nei4hboi�hooc'is, sYie fc�1t tha�; as �ve �re beinJ en- coura�;ed moz e and mc�re ta conserve �as an�]. lri� lk or bike, those n�i�hbor- hood center� ��co;:se inore im��or. t�:n �. In i�ct, m3nv people are tallcing about the neigllborhood �rocery store x�eturnin.,;. �he felt tha�; sliould go part and parcel with sor�ie o�' these -tlzou�!� �s. Tir. ?'oard:n�n s�L�teci that tilis �vac discussec3 in Palicy 3,1�, B, �'c C. Those policies discllssed tra�'fic control and noise in residential are�s. P:s. Schn�bel s�tated that in re�,arc�s to t��.is, they� should be careiul no u�Lo cu�L off �11 �thE access :�o the fire trucks cann' �t �e�t in. IIr. �oardm2n stated tha�t there �vere con:Clicts because �vhen they try �o rrovici� the rnos�t eff� c� ent s�rs�t.em �'or police cr emer�;ency vehicles, they ar� a7_so providin� the inost eificient type cf system for aui,omobile use �slso. So �Jou ;run into the s�:r�e tyne of system becaus� they are one �nd �the sarle. � PLAI`Jl�'IP�G CCTr:I'�1IS;�IOP1 T!i ��TIi1G�, AUGUai ?2, 197g - PAGE � R Ob�jective �� P��s. Hu�hes asked if this vlouldn't be a�oad spot for P�is. Schnabel's comr�ents about loolLiri� at zonin� codes for �pprc�priate neighborhood services? T:Tr. Deblon stated that he thouLht that the Land Use Sectian dealt with that. 1'�ir. Boarclr�an stated that h� d.idn't think the City was big enough that they �vould develop nei�hY�orhoo� `rocery stores. The locations are close enough to th? Center City areas and the Shorev��ood area, etc. You rli�ht have to �^�all; 5 or E� blocks z^rhich is not excessi�,�e. P,Ir. Treuen�'e1s stated th�t vrith the oil shorta�;e he felt they should retnink the nandatory req�aire:�ent of havin� so rr_any parliing stalls for a home. iie felt it shoul.d be left u� to the homeowner. T�ir. Oquist stated that the par'�inb requirement was just to make sure they had a place to park o�'f the street. . T�Zr. �oardma.n ask_ed ��:hat l:ind af statement tY�ey �vould want? P,Ts. Hughes st�ted that Folicy 3-B under Ubjective � in the Land Use Section came clo�e to u=rhat she had in mind. She would like sor.nething like that s�id here. - %.Zs. Schnabel_ stated that Cl�jeci;ive ��• in the Z'ransportation seemed to deul more ti^�i.tiz physical r�ov�ment r�ther �t:x� n the lacation of service cente�s. T.Ir. Deblon stated. �t;hat he �elt it ��as covc.red. in the Land Use Section. T�Zs. I-Iu�hes stated that Sa�ouTd suffice. Ii��'�T�TO�Y : l::r. Debl.on stated th3t thc�y ?�aere rei�,orking thi � section. Thsy had ne�v dat� �ased on the neva pro jec uions on the �as shorta�e. I'.�ir. Loarc�nan �ta�t�c�. that the Commi��ioner. s had all the rnaps on the Tr�nspor-t�tiori sFCtion ��itn tne eVc��ti_or�. o�' t}�e ��i' i�..ap. They had protlEr:�s vrzth the �'i.��ures �_;iven to �;?zer�. :ie st�ted tney might not be ��1e to sha�v a 1;?90 l;Dl �ra.ific pro jec �icn based on t}iose calculation�. i�'is, Schnal�el referred to tl��e pro jected fi�;tzre of 7�, 000 an 694. She stated th�t ��,�c�ii�.d chan�e i.f there �•�Tas a nevr br. id�e by 1990. ;:ir. :�3oardr�an st�ted tiiat �hat fi�;v.r. � vras not nece�sarily correct. There ��erc� di,;cre-.}�ancies in so,�e o�' these �i.�;ures. Also, he noted tha �• �94 �^�c��zlc� be increased �:o a six lane �Z�.�l��,vay. PLAFI�+IT?G CO�.iT.�ISSIOT�i r::: �TITdr . AUGUST ?_?.. 1979 P�'�Gr � S ��.�a tP.r`,:a�jS : l+�s. Schnabel asked v�here the public landin�; and access would be? T.r. Boardman stated they �vere lookin� at the hi�h,vay salt storage loca�ion °OL�t�1 of the Y�rid�;e. That tvoul_d be the best access and location �or a boat landin� and it V�ould be developed as part of the Grea� iliver Road Farl� Plan SysteM. The County �vould take over the sal� stora�;e area right on the river and utilize the lower area for boat launchin�,s. T,Zs. Schnabel asked if it was feasible to pu�t motorized and non-m�torized vehicles on the rzver? I'+Ir. Boardman stated that south of 694 vaas not too bad, but beyond the Islands of Peace it could be a probl�m. It would depend on the boat. T�Tr. Oquist stated t�iat this staterlent read like a policy. P+1s. Hughes stated that she �'elt it should be in the Parks Section. T,Ir. �oardMan a�reed that it should be deleted and stated he would check �'or other sta�i;er�ents liI:e t�.at in the inventories. Publir, mr�nsitr i.is. Schi�.abel r.eferred to the third paragraph in this section and sta�ed that there vrer. e peo��le ti-vho Might ta'�� exc�ptior. to that statement. I',Ir. Deblon stated they would be rev�,�ritin� tnat. � -�..•-�n c 'r'J�,ia�> S i�.r. �3oarclm�n stated t�za� the �e�°:er P1.an Goal, was out of place and should be after the Tn�roduc�tion., Introdur.tion: I:.r. Ccauist re�erred to the third paragr�ph in ��le Tntroduction and sta�ed he Shas not so sure Fridl.ey had � r�u�Zi �y sev�er and s'torr� sevrer syste�n. It seemed to h�r� tz�iat ev�ry Spr�n�, ont or two brolce near his house. T-ir.. I7eUIo}i stated that cor.zP:�rin�; it to I�.innea��olis and St. Paul� it �a�as very good. 0'a1L� �; i v e 1 s �,is. HL,��hes a,',sed if they �,tiere `oin; to inc.lude a stutement to the effect that -�.iAef ��+roul� nonitor -the r�ality af v�a�t�r• :in �-he City includin� b��tsine �s �nd i_nctustr_ ial �i'�ectin� 1 ub]_ic a��te.r, etc .? I'"r. �:�o�rt��:1��z ;t�jted �;h«t �this �ection referred to c?rinking �vater. It ��.a> >r°�a �ez tr. e��trnc�rit anc� �u�ply. '^hey wEr. � re.ferrin� strictly to the pipe �y�tem and under. �-round �y�tem fnr drin7; in; �va+er. . _ PI,ANIdIi��'G CC?ii:TSSIOir' T:�ETIPICr, AUC,i1ST 2?_� i979 -n F^� T�Zr. Deblon su�;gested they insert the word "domestic". IyTr. Boardman aoreed. Ob,j ective 2 r 6T P�Zs. Iiu�hes referred to the third line in the statement under Objective 2. She felt this �vas a policy and v�ould like to see it as either an objective or a policy. I,,r. noardman stated Resources section. supply. it w�s an objective or policy under the Enviranmental He c�idaz' t think it fit under the domestic water I�,?r. Deblon stated this section deals with pipin� the water. The water source is dealt with in th� Environr�ental. Re�ources section. I'�is. Iiu�hes stated that �vould suffice. Ob;jective 2, Poli.c�� 2-3� iis. Iiu�hes su�,ges�ted they chan�e ttile �vord "encourage" to "regulate" and da it by �neri�it �°rhich ��rould brin�; money into the City. She would like to re�ulate it. Th�re are certain size users that have to have pe3��nits to do this �nd they are controlled by the Poll.ution Control Agency. The re�son it is c?one b�r pernit is tlzey don't do it ii' they aren't r_ec�Uired to da it. She was nc�� so sure that shouldn't apply to sr:zaller industrial users as x�e:l..l. ?'4'hile you can encourage it, she doesn't have much faith i_n that liind of process. i.�r. Boarc�an stated it only Y�ecomes a process �ti�hen it becomes economically feas�_ble for tilFra to do i �. If it is not econor:iical.ly �'easible, they are not �oixig to �o it �nd the s�arne ap�l:zes to �the homeovrner. I�:is. i3ug;he> stuted th�t it �ti�c�uldn't be econornic?1�y feasible until a penalty is enforcc�c�. Th�t .^�as t��e pzocess with air poll.ution. � P1r. i3oardman st�tec? that he cotzld see encoura�in�; it but wasn't sure about r�`v.lati.n� it. i'��r, lior� s�ated that it had to be reasonable. I::s. ?�iz�_�es �t�ted that she �rvould �o �lon�, �A�ith "encourage". C1� Zf�ctivc 3 s , T�is. Sclznabel nskec� «rhy they v,ere goir_ ; into this since this is tYie �v�y it is don� ai��rti=�ay. She asl.ed «Jhy they �vere hi�;hlighting that? P�Ir. Bo�:r.drn�n stated th�t all they rrere s�ying w�s that it should be con�tin�?ed. It is �:a polic�T of tlze City. T�Is. Sci»l�bel. ,tal;ed they �I.ould Ue consiUten�t; and have it throughout � e PL11P1i�IT�,G C0;'�'�IS �IOJ! 1,1; :'TIP1G, �11JGUST ?.?_ L 197,� - PAGE 6 � SFC � TC� 1 I I. S??,?•r ;.�5 � Objective 3:t T:;r. Iiora asked if the ide� �'or the Fridley ?�Jaste Tr�)ater Treatment Plant� was still on the bool:s �vith the I.i`�,'CC to put zn a Plorthern Tier Treatrnent Plant? P�ir. I3oardman stated it v��s still layed out in it as a secondary cycle. I'��Is. Schnabel stated. that in both the sanit�ry system and the Storm se�.,er syster�, notllin.; vras stated aY�ou� ev�luatin; tne aMOUnt of service given to specific �re�s as areas increase in density. The presen-t service May be inadequate. S1ze �vas r�ferrin;� in particular to the River- vieur Iiei�hts area, They often hear cornr�ent� �bout the size of the lines there. I.ir. Bo�rd:lan stated that accordin� to the Engineerin� Departrnent, the systerns ��rere adequG.t� for a population o�' �N�,•, 000. rie stated that there were no starm se�°�ers in. that P�r-�icular ax�ea. There vrere catch basins at tne end of t:ze streets and_ tne �^�at�r w�s then directed into the river. T•:r. Deblon stated that �vas covered u�der Gbjecti�ve 3, Policy 1. T�s. Schnabel s�ate�. that tiArov.ld cover a.-t. - T�Is. Schazabel arked if they h�d sor.!e safe{�uard to ensure that there is no nollution bST ei.ther existing or future 1�usinesses? She ��ras referring to sani�tary se��;ers in par�ticula��. � T=ir. Hora st��ed that the I'.;etropolit�n I�da�te Control Commission had the authority to con.tro_l the s�zzi-��ry ;;e��,er_ s. The pipes are maintained by the City but the �o�miss:ion COT��2015 �a�hut �,oes into it. T:�r. �o3rd.�:an s�t�z-�ed that Ot�j�etive 3, Policy 3 covered the storm system. �Ie re�'erz�ed to Gbjectiv� 3.` Policy �� arzcl stnted t'�at t:ne policy �was that i� th�re ��aas a seti°�er av� a_lablc�, �.11 uni�Ls must be connected. On site sa�-:it.^r�r �e�<;�r dir�os«1 i,^ not � lto;�red.. �ic� felt they should make a nolic�.r s�t�-t�r;��n�t on �th:�-t. �.e felt tney �houlcl delete i�olicy � under Cbjective l. �.:r. :ioru su�;�ested tlzey include a staterien�i: re�ardin� ne�v and innovative sy>terns bein� ev�luated. :��r. Jo�rc?,:!an statnci they coul.d do th:�t. They could m� ke the sta�Eer�ent t�zat the�• �°rou.lc? coo.r.era�ce �:�ith other a�en.c? es in evaluatin� new and innovativ� ��r`ste tre�tr�leizt systems. The Co:nr�:�ssionc�rs conrurred. PLAIIP�;IP�C CGi•'�l'".ISSION i<T11,.'��'TII1G, AUGUaT ?_.2,L 1979 PAGE ; 6 V Gb��ectiv� �� . I�!s. 1Lu�hes su�gQSted they add a Policy 5�v��hich would say that the City should prohibit the filling and development of v��ater storage areas ancl v�ater rech�r;e are�s. T,:r. I3oardman stated that �vould come under Environmental Resources. T�Is. Hu�hes stated that i�t should be in here �or control of storm run- off. She fe2t it should be cross-rcferenced. T�+�r. I3o�rdMan stated they could cross-reference i-t under Objective 3, Policy 2. i,i�. Iiubhes stated. that would 'oe fine. SiCTIGr1 III . SCI,ID 5'1�!ST � s T�Is. Hu�hes re_ferred to the last t��o lines in the second paragraph regardin� finding alternative landfill sites in the northsrn part of the metro are�s. She felt they shouldn't be landfilling or encouraging that any more. She ielt they shauld look for �lternatives. T�ir. Boardr�an stated that the prcblem ��aas that the current landfill. site would be filled wit.na.n ttvo ynar� G�d an alte.rrlative_ v,�ould not be developed in time. So, they �^�jauld have ta finct another �_andfill. site. T�Is. �iughes stated that T�PCA was looki��, at z�o more landfills. T.�Ir. �iora st�ted that he unde�stood �i:h�:y �ver� �nd their EIS on the �Vood Lake land�ill �^�ould be cora:itz� out soon on �x��nsion.s. He was not sure if they v�ere lookin�; on exp�nsions af th�t in particular or in general, but he state� they had to put it somevrhere. T:ir. r�oar�man stated that the present site ��as only two ye�rs to c�pGcity �nd �the Co��nrehensive P�.�n for 4nolL� Caunt,y inclu�ed finding a n��r site because a who�_e nev�T system to eliminate �arba�e. �vould not be developed tivithin t�,•o yn�rs. P�Ir. Oquist noted that Objec�,ive ? deal� �vith alt�rnative ways of reducin� waste. T'is. :iu;lzes stated th�t �vould suffice. I: Na:idTO ;Y t P�Ir. Peblon st�ted this section �n-ould be rewritten and what is basically s��rs is tha�t the system is adeguate for the pro jected ��4� OQO People. P:OlIOI'�! by i•:s. �iu�;hes, secon��d by T:';r. Treueniels, to close the Public ie�rzn;. UPOrv � VCIC�: �TOTE, F�.LL VOTI?�u AYL� V:CCF, CaL�IF„'Y0i`:�'!I1 SC?:�vAB,�L D�CLFSRED T;I7�: x;7a�1.�SC �i):?J'3i�Iiv'G Ciy TtI:� �Gi:;IP}ZI�}IL?V�SV�:: L':;::`J�:LOPi',?i;NT PLAN CLGSk:D A`1' to:55 P.r.�, PLA?�iTdING COI'�1I'nI'SSIOT•T tviLETIr1C, AUGUaT 22, 19'�9 - P�rF � 6`,� P�iOTZOr1 by ;1r. Treven� elr, �,!�c�nded by Iir. Griuist, to send the Corz��r. e}iensivc� Uevelopr�ent Plan a:, arnended t� Council. UPGN �1 VGIC � VOTL� , ALL VOTTT'G l�YE, V3C� C�it'�IR�^JC:T�ZAN SCiiTdA}3EL DECLARED THI�� P�10TIOivr CARi�.I��D UiVAI�TIT�IOUS�LY. � ' � 6� COrITITdt1�'D: PROPOSED CIiAI`dG:�S IId CHAPT�I2 205 ZOI�TINGs T�TOTIOnT by ;'�r. Gquist, seconded by I:�r. Treuenfels, to continue the discussion on the proposed chan�es �o Chapter 205 Zoning. • UPOi�T A VOICE VOTF, ALL VG`iIPdG �YE, VSCE C;�AIR�"dOT-iAN SCIiNABEL DECLARED THr I,�OTI�� Cl�RP,I ;D Ui?AT�3II��OIiSLY. 7. REC:�I��i �' II?Ti��AN RLSGUt�CES COT�IP��ISSIQN 1:iII�IUT �S: P.UGUST 2, 1979 s T:�OTIO�T by T,ar. Treuenfels, s�conded by T�r. Oquist, to receive the Human Resources Coinmission minutes o�' Au�ust 2, 1979� I�Zs. Schnabel noted that there vvas a mation in the minutes that the City of I'ridley fund a�1,004 contribution to �i;he Senior Citizen Out- Reach ProUram. I��r. �oardman r.ecommended that th� Plannin� Commission return this to the HuMan F.esaurces Go�rimissa_on ar_d at `the End of the year the Hurnan Resources v:ou�d or.,��nize their priori�;ies e I:�r. �uoardman stated that the �ity T.:an�er h�d issued a r.lemo re�ardi.ng ccntriputions and �eguesting t�zat all red�u�sts �'or cnn-Lr•ib�ti.or�,� Y.;e held until th� erid oi the year �vhen they should be rankeci for priority. �Ie req'uested that they tabie the item until he gave ther.l a c�py oi' �;he rnerna. � PoTs. Hughes st�ted that «�ith that system, they would establish the budget ��rithout an.y kno�vled�e o�' the requests. 1'�Ir. }3��r��?7an stated th�t in orde:c to jud�� how much tliey want to gzve these p°o��, they have �ta j��d�;c ho�tiT r.larzy r.ec�uests tn�:y ge� and hov,� r�uch �oney is av�ilabl.e � T�Ze�r set the bud�;et and then prioritize the rec�ues�s. iJi�. :i•a�;heu st�.tec� that she thou� ht it �v�s a durnb systern. They should call�ct the rc�uests and ��.�ve the criter.ia and prior.ites and then budget i'or i.t. Arot t;he other_ tv�y around. , P,nr. Boardr�an stated th��; was one v;ay to do it but 1�efore you apprave expendittares, you h�ve to see if it is in the bud�et. �11 they are s�yinr is tha�t; be.fore you approvP G recomrriendation on a`�5, 000 expen- dituz e, they dsrant sor.le priorities set. T,br. Oc�ust st� �t;ed that a certain araount should l�e se-t aside eacr. year for �Ghese �r�c�uestc , PLATIT�TPvG CGI�`��IaSIQI`i I':"E�:TITdG, AUGl1ST.22, 1979 - PAGx � X P:4�a. Schnab�]_ .referred to pa�e �4 of the minutes and asked that the Planning Commis�ion be notified of the open house at the seniors building. _ I��Ts. Schnabel .referred to �age 5 of the minutes re�ardin� the Village Green and a lack of tran�portation for �he.handzcapped. She suggested that perhaps one of the Commissions would la.k� -to study the situation. I�Ir. Treuenfels stated that i-ls. Van Dan stated that many of the.handi- caPped expressed a preference for the i�;inneapolis area especially the do«�ntown area or near that area, �o they would be close to everything and buslines. U�'O:�T A VOIC� VGT� � ALL VOTITvTG AY.t�, VICE C�i�IR�°�OT,,�1�tiT SCiIT�1ABEL DECLARED TI-I� t;10TI0i1 CARRIED UTdAi�;II.inUSLY. i�i0TI0N by TIr. Oauist, seconded bv T.1r. �iora, to t�b1e the request for a contr.ibution to the �nol�a Gounty Senior Citizen Outreach Program until t�ze next meetin�. T:ls. IIughes state� that she "w�n�ec� to kn.ov� �,�hat the oollar amount in the City nud�et is f'or contributa.ons. She would like that �tated in the memo. T�Zr. Boardman stated �hat there �vas no dollar �mount alloted and that f�ct is statec? in the memo. � UPO"i�d � VGIC� '10T�, ALL VC�TTrIG AYF, VI�E CHAIR?ti10T.I��N SCHTiA$LL DECLARED THZ; T:TOTSOi`d CARRIED U1�IA,�?II;�C'JSLY. � 8. RECEIV� �PPi�,lYL� COi"TT�:�TS�IQI''�? I��,1Ir��t?T�S : AUGIIS�l' _l4, 1,�79 s T:TOTIGr3 by i�r. Treuen�els, seconded by I�Ir. Ocuist, to receive the Ap�eals Commission rnin.utes o1' Atz�,ust 1��, 1979. I;1r. Oquist asked if the propased hornes on ?2ivervi.ew Terrace �vere mobile ho�es. TTs. Schn�bel stater� the,l ��rer. � no�. �'he _lo�ver section of the houses ��rould be buil � on the site and tlie �oP �Z�l.i construc�tec� in a factory. She st�ted th�t tlze ��.pe��.s Ca�n.�iission :��d se�eral �uc�t�ons re�;ardin�; tliis rea�uest �t'lat �ho��ld. be Izi�;hli ;izted. �7ie �vGs unhapPy with their dr�-.inaEre ;�l�n. A1so, th�rc �v�s a nG�estion abou� the .need of fire walls and i� ��rir�do�vs ��ro>>1d be allo�ved on th«t side o:f the houses. The houses are onl,y 10 f�et a��rt a11d t.1e Aappeals Commission �•aGs c�ncerned aUout the s�read o.f. iire. >lle stated th�t the part,�.er o� i•Ir.. P�s�:ror{; .`rot excited abo�ut thc3 possibi.l.ity o�' buildin� a hous� on pili�zLs and 7ie se�med interested ir. buil.d.in;; a Cin�le ?�iouse. �.ilie iter� w�s t;abled to give them tzme to revie�,�i their situation. ITPOi�I A-, �TUZC�: `JUT�,�', ALL �JC'i'II'TCr �Y?� , ViCL C:i.AIR?uC1,7�N SC:lil'vTAt3t:L D�CLAKED �Ii��, 1��0�IC�`i� CFi�RI'�'D UIv�I�tTi�:�OUSLY. � PLANIrING CCP�'"i`�ISSIC:�T r+i�TTING� PUGUST 22, 1979 -� PAGF. 9 . ADJOURTti'T�i�i1T s T�ZOTION by T�,r. Treuenfels� seconded by 1'�.r. Oquist, to adjourn the Au�u� 22, 1q79 meeting of the Planning Cor�r�ission. UPOPJ � VOICE VOTE, ALL VOTIT3G AYE, THE P,ZEETITIG F�DJOURi1ED AT 11 i 15 P.P,i. Respect�'ully submitteds hatj��,/ � � ° T � .. {'� N�'``.�.�aa ..,�«�,�► �c-� ► Recordin� Secretary VIC�.s CI;AI�t��1or,�.�rr sc:HNABEL DECLARLD � � 6Y SP #79-08 �6Z, 3213 Townview Ave. N. E. Minneapolis� &in. 55418 August 24, 1979 City of Fridley 6431 University Ave. N. E. Fridley� Mn. 55�32 Members of the Planning Cammission. Gity Council and City Planning Staff By this letter I hereby request withdrawal of my previous reques-t for Special Use Permit to bui:Ld a double bunga�.ow on Part of Lots 1& 2 East o:f the West 90 feet of Shaffer's Sub. #1. Thank ;�ou. Sincerely, � � /� ,r � Theodore W. Holsten, �'res. Exemplar, Inc. - - - �, � � , ,. - � � , _ .,. � + t. � 6 � ft�.':'X LMIL:�l,.NwtMY¢:� 1 ..� .(i'�� , . , � . . - .. �...�..•�.+i4�iTili�� ,l�r.:�..., . , . i:�.3;.u+n.r�y,-is. �`i' � a Mir�, � ! . 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N�F ��, j i V d� u � �� Y_' � (-' / ± J` �� 0 I � 3 � � N `� � .(� � u.,�`u' i �� / i� 0 \' . � ;' �- . D — !.3 � � 5 :, p g�_ RZ.� i ��M 3/�/ � t G _� m_r V� CFi / . k-m �` r i ° I ' ;�� s` :0 � � ♦ - r;' � �� / .Y ` 101I'1¢� Z l,, N E�i='so'=iv�' w %. � �c I �. �; - �G , � � `- --- ^, � � 7 I`, n � � � U �/) �,� o � � �� - .. Z � v �,� � � � � 2 � �� I°� 2'ic��;� ,�. N 8•9�, �,.�,�.�! � � ��rn.�� r+t n{- l,.t L I`'t ar,E:� 1 �i:�„�To�; �i�.,�.�.,��._.�„r r-�•,,.�nri�'�I"I/ ��1 L E: "�(a��, G,'q°' u� . � 0 �1 � O� Z < _ ' � � � � a4 w� }- . � ? � � � � S o <I f � Z -t� � NHI••-,o'r,y: W � ,9 ?�t_'L',.G�1 � . � �i i Y ! r o /�o �i�' i9 � `4 a -{- �" � �I � �s �, Q o� 3 ��} 91'7'1G � ` ____ � Y . g z ( s � d' - � � � �, o cs' � � �o ,� . 0 �pN tl v V� :- r _ n� � ' ° ,� ��e � � N Y � i�7iJ lcFr�f:�' t�F l�L"CTior' 1�. � � / 1 i .�._.._._.... -_ _ _ ��.._..�, -- -- � � �3. �� G3 --- --" 1.,-,,, N�°,:.��i�,°t=` I � :1�, �.n�t �,F ��r- ��I-J'.�.f r.r rjf:.r�.�+ II. [/��.i G{<.� �� :°��.'-i-♦ (�JC��C��-�"}.j /^i:.�i�i j '�G�1'� � ,, .. [,�n�.'u�4�, /:uvwr-� n{L: A•,•,vr�r��:, o(J�°r�c�jt�•. iF:�� l�r,��r,,j- r�,.,�.:e-�� E•,Y (`��Ir+r�t'�.a.��n ��G'.;1.,�-�n�(-Irn•1 I'lc,. ��'c�e�_ � � (1 �'�'.1 r, � �� 1 �, � , � � ' � t� ��°:t't �� ii�!�`; , ihlc,, � �` ",; � _, ��,,;,,�,n��•� � I__I! I . � .� r� ,�, ; ,. ;,s !`S��it:i+�j � ' le;�..,� 1 ,r, � . . . �. � � . , . � � ..��— t �,, 7 I i I I � I � 1 I n NUMERICAL ORQER OF THE PROPOSEQ CABLE TELEVISION Z� DIN N�E A�TEIVDMENTS -S RECO[�If�ENDED FOR APPROVAL BY THC CABLE TELEVISIO� COf4htISSION AT THEIR 1-16-79 Mf_ETING 405.01 Creation �be-6��y-e�-Fw�d�ey-�}��5-�Wa�-��e-Eer�s��e��ep;-eqe�a�}e�-a�E�-�a}��e�a�ee e�-a-ee��p}��-ap�e��a-�e�ev�s}e�-sys�e�-se��-�I�e-E��-e#-��d�ey-�s ee�s}s�e�a�-w}�b-�be-�b��}e-}p�e�es�3-ap�-s�ee}��Ea��y-w��-�bEr-e��a��}sb- �e��-a��-bea��by-►�a�p�epapse-e�-�e�ev�s�ep-se�v�ee-w��b��-�be-6��y-e� ��ey. The Fridlev City Council does ordain that it is in the public interest to permit the use of publ_ic right-of-�va s and easements for the construction, maintenance and operation of cable communications systems under the terms of the following Franchise Ordinance; said Public Purpose being specifi- cally the enhancement of communications �vithin the City, and the expansion of communications opportun�ties outside the City. Section 405.011, Subdivision 9: 9. "Gross sb�isE��e� revenues" a�e-�eve��es-�e��e�-��e�-�e��a�-sa�- se�}�e�-se��}ees;-�e�-�pe�a��-a��de��}s�pQ3-�ease-eba��e�-#'ees;-e�-e�be�= €ees-�e�}ve�-��e�a-�e�-sa�se��e�=-se��}Ees, shall mean any and all compensa- tion and other consideration collected or received, or in any manner gained or derived by the comp� from the operation of its cable television ser- vice, including but not limited to advertising, leased channel fees and ori ination or access cablecastina operations far �vhich a per_��rogram or er-channel charge is made, within the corporate limits of the City of Fridley, as such corporate limits now exist or may be established hereafter. 10. "Gross System Revenues" sha11 mean any and all compensation or other consideration collected or received or in any m�nner derived b�� the company or any subsid�ary, holding company �r subsidiary of said holdir� company, from the operation of its cable teievision service, including k�ut not limited to adv�rtisin�c, merchandise sales, 1eased channel fees and origi- nation ar access cablecasting operatior•s for which a per p r°gra�m or per- channel charge is made, within the corporate limits of the City� of Fridley. 405.05 Payment to the Cit,y On or before A� ril 1 of each year followinq the commencement of cablecast- ing, the company sha�il paY to the City a use fee egua1 to five percent 5% of the ann��al gross system revenues received by the company for services pro�,ided within the City during the precedinq calendar year. This fee a ment shall be in addition to any other tax or pa�ment owed to the City by the compan,y. In the event that an.y payment is not made b,y April 1 as rovided above, interest on the amaunt due sha.11 accrue fram such date at the annual rate of 125% of the lowest "Prime" commercial lending rate established by any Fridl�_bank at the titi��e delinquency occurs. Upon the_petition af the company and a sho�ving that it is in th�e public interest to do so, the City Council may, by a 4%5 affirmative v��te, waive collectio�� of all or any part of tha�artion of the�ment recu� ired by this section tha,t is �lttributable to compensation received by i;he company frotiii its cablecasting operations for �rhich a e�r~�ro ram or pe►�.-chanr7el cf�arc�e is niade.�i—' � �' Page two '��, NUMERICAL ORDER OF PROPOSED CABLE TELEVISION ORDINANCE AMENDMENTS ' g A 405.051 Use Fee Dedication All monies received by the Cit_y from the company under Section 405.05 of this ordinance sha11 be segregated from the General Fund and used by the City for purposes af CATV regulation and other activities directly re- lated to achieving the public purposes for which this Franchise is grant- ed. 405.06 Audit At the time of its annual use fee pa_yment the company shall_file with the City a detailed financial statement p repared by a Certified Public Account- ant showing Gross System Revenues as defined herein. The company shall also fi1e any further financial information in regard to the c�ompany, its subsidiaries, its holding company or its subsidiaries ��hich ma,y be requir- ed by the City Manager to assure compliance with the ter�ms of this Ordi- nance. 405.251 Additional Services following informa�ion: 1. The pro4�osed number of channels to be provided and th� allocation of those channels to specified uses, inclu��- ing proposed number of channels ta be dev�oted to network, affiliated televisian stations, non-net��ork independent television stations, includin� educational te1evis�ion sta- tions, and channels to be devoted to locally originatE�d programs and leased channel uses. 2. An estim�te of the total number of cablecasting hours � er week �er channel which the company proposes to devote to 1 ocal proc�rammi nc�, and a general descripti or� of the t,�!pes of local proqrams it_pro��oses to originate. 3. A description of its proposed advertising program. 4. A statement of the use and a�ailability of channels ar�d facilities by local�politica1 candidates. 5. A description of any�plan fo_ r�rovidinq a duplex systE�m and �Fh1 mul ti plex stereo and musi c channel s. 405.252 Studio Facilities The com any shall canstruct, maintain and operate a color studio and pro- duction facility within the City limits. At the request of th� City Council, the company shall submit to it �ts a plan for � ee�e�-s�a�}e �e-�e-Ee�s��ae�e�-va��-��e-E��y. �I�}s-��a�-sNa��-}�E�b�e-��tis-s�Eb as, this facilit,y ��hich shall include a description of studio s�ize, type of facility, technical equipment, fiours and time it will L�e operated and estimated consi;ruction or reconst��uction time. Thie com- pan �) ` S nl an shal 1 al so i ncl ude i nformati on on iio�v i t.�vi 11 mai nt,�.in i n ��roper t,!�rki ng condi ti on i t egui �n�i�t to be_�sed f�r 10��.1 ori c�� n�ti�. d Page three $ B NUMERICAL ORDER OF PROPOSED CAQLE TELEVISION ORDINANCE AMENDMENITS cablecasting and by access channel users. Said plan shall be s�ubject to the approval of the City. The company shall execute a performa�nce bond �ayable to the City to insure Ee��e��ep-�p-aeee�da�ee-w��-�b�s-��a� compliance with this section. Respectfully submitted, %�:>� � ,�� CLY V. MORAVETZ Staff Representative to the Cable Television Commission Note: The underlined reflects new verbage. Crossed out and regular type reflects existing verbage c�f ordinance. 1/ 18/79 � � e � landscape bike/hike trail overlook landscape � parking restrooms . picnic shelter overlook parking �� fie{dgames -� landsca�se-� � parking overlook landscape bike/hike trail ; to Rice Creek traifs ' � � �� -�b��; . ��II II I,l ` . � � • � �`� � - p � bike/hike trail \ �a ` � a �� Oa 4� - __--- _- � -- � n � i i �i '� �;� ....�,. .. � i i � � �i � � � �i ,,, ; ,� ,;, '� � �i �,,, ;,, � i� � i �� 9 � eicc I•�mr —._.� �M�� \��! ��• ?. �n i � : . %'•• rop �C1 a��l .� / � / �5 � ,' �L/ l ' � � �� , 1 g /� � / . ! ►s ,, � U � f P�G �rr � � . . . p1�hiC 5 —. - _ J Y 4 0 m 0 landscnpe overtaak--�_ BROO!(lYN CENT MINNEAPOLIS � �� : i �soo ;; � �.1U� �y,+'f � . 1 t// � � � rrw. fJ �� ' M i ' : i � � ue �� i � � �w��rw• •�� i i y ; , �. �; ,.�,..,� , . ; ��'" I ,' i i � +� �' �� - �,� � i � � ! � v �1 __ , � �S �N �vlwM ..r�.. � � ' � •] �� , � �/ �{t r� t � UM� • � � w.q , ; ! � �.�.� � i � .:::.'�... �. o .:::. � I" . =�� ,.....a . � � - y =r,� � � �......:.. _ � j i ,� � ' �«.. �.� : �� ':`^` �:' ! 1 � i �-_ � � jI � ,. � � � , � I � , � - I„i� • � � �, i _ It, I. I _ � ....... ,� _..,. : � � �::- 6��OP�SED ; _ _ - °b � �__ . ke 1'� Ist �C?i1Ni3Qir�Y � � j�;^3— �� ` � .....,... _ � ,�� - aiJ ! � ' -: � �� I - � i � a, .n.�. � ; � � { � S i � `�°�' (��=• 1 \\ � .. . .......... ........ i �soo � : - al 1p \� . i ' � M� 'j,,l� .� Is � i � � ��' � . �. d � ' . h�w II�1 ��ro¢TwY. ' �'� � � i � � � 6 � L. � - \ ; � � � �: � �.�L_: � � / ` .K �...�...». i � ..<.�. � Q- ! i . _.e.. ' _ Q- t ! ! :`�::"° ;i': e.- ; < ; { ►,;�� — —�---- �'s--1 s ! � � (.�� S � � ..� � � i _ --- —��'-----+. oi` � \ � � <<M, � i � � .„ S ^ ��" �` 1 ��/ I ��. / ) (. � � e / � � � -�5 - � -, �� ° y 1 / 11 �I ! � i , �1 i ii� \ � � � ...�:.... � . ,_ / � .. _ � \ r :: �tike/hike trait � '.`� � �. M.C� �ro.p�r$� 52ac. � �. � .� . .. '�� . � � - .,. .• � •�Ji . �icqucs��on 8� Devefoprr�er�� 1 � �'�� _.. ��11 ' .- �.�;�, l�no6�a Cc�unfy �arks �� :i � � to M1pls.�'trails 7-b-79 �, , 4 t� � 1 �„� �� S i t- �[' 1. •-� n .r � •.�:,t ��r I�.rs_ PIORTH E R N STATES POW ER CO M PANY 4501 68TH AVENUE NORTH BROOKLYN CENTER, MINNESOTA S542B August 28, 1979 Mr. Nasim Qureshi City Manager City of Fridley 6431 University Avenue N.E. Fridley, MN 55421 Dear Mr. Qureshi: As a result of our meetings of July 24, 1979 and of August 23, 1979, the following conditions will apply in the granting by the City of a transmission line easemer�t through Locke Park to Northern States Power Company. This letter supercedes %he previous letter from Nor�thern States Power Company to A�r. Qureshi, dated July 26, 1979. � l. The total ca.sh pric� for the easemer�t will be $89,304.00. 2. NSP will release the existing 75 foat Sout:h t�ans- mission easement and the City will grant a 20 foot distri3�utian easement along the South edge of the Locke Park ior our distribution line that serves the local residents. 3. NSP will locate transmis�ian struc-ture #106 in the parking lot, and the City will install a barrier to protect this structure. 4. City may remove any trees within the easement prior to the beginning of construction by NSP. 5. Trees to be removed by NSP to be marked with white paint 3 feet from ground line. 6. Trees located along outside edge of easement to be trimmed as little as possible. 7. In lieu of undergrounding the over.h�ad distribution line on 71st 1�venue N� eastward of University Avenue N� and thru Locke Park on 71st Avenue NE extended and in consi.deration for the transmission line ease- ment thru Locke P�rk, NSP will c�rant a$.15,000 credit 1� � Mr. Nasim Qureshi August 28, 1979 Page -2- towards future distribution undergrounding in the City's "Center City Project": The credit will be used to partially offset NSP charges that would otherwise be paid by the City for requested under- grounding of existing overhead lines in the project. Charges will be made in accordance with NSP's Ad- ministrative Instructions AI 101 on file with the Public Service Commission. A portion of the current AI 101 is attached as Exhibit "A". The "Center City Project" area is shown in Exhibit "B" to this letter. This credit cannot be applied to any charges made for work done by NSP in the "Center City Project" - area after September l, 1994. This letter represents the full and complete settlemen'r, and agree- ment between the City of Fridley and N5P for the easement and for the constr.uction of the 115kV double circuit line thru Locke Park. Nasim Qureshi City Manager City of Fridley 9 7 � � �',x�.�� /� `�� ..a Donald L. Madsen Manager Nor�h Division Northern States Power Comgany 10 A ,� EXHIBIT "A" ADMINZSTRP,TIVE INSTF3TCTI(�I ELECi'RIC AI-101-79 1�►y.�Y��.�`�ii�� PREPARED BY : � `J" v�- �� - E. W. Wick - Manager Revenue Serviee Systc�ns I?°pa.r.tm�nt ...•.� � ' �%��-- B. A. Ficn d Senior Vice President Division O�ratzons RSSI-]3-1 _ 1� � 101-1 Revision: Original � Issued: April 1, I9.79 Supersedes: AI-100-73 Issued: May 15, 1973 AI-103-70 Decesnber 8, 1970 AI-107-71 July 30, 1971 AI-108-71 July 30, 1971 AT-101-79 0 r 101-20 �d C Revision: Original 4. Replac�nent of Overhead with Ur�derground a. Gener�al The Ccx�roany will replace its overhead facilities with undergro�u�ci facilities upon the request af a custamer, a group of custc��ers, or tmon lawfu2 order of a.municipality. The benefited custaners will be charged the value of the imdepreciated life of the uverhe�l facilities k�ing r�ved arx3 removal costs, less salv�?e, plus the additional cbst, if any, incurred by the Canpany i.n installir,g its u.n��erground distributian systern, including distrib�tion laterals arx� service later�.s, instead of an equiva- lent werhe� systen. In �3dition, payr,�nt for each service lateral will be charged in accoraance with this AI-101-79. �he Canpany shall no� r�Je its existing overhe�i ser.vice to a custar�er tmtil after a p�rioc3 of time reasonably a�equate for the custc�r to make the necessary alterations in his electrical facilities to accept undergroun� service. A T�place or Relocate Existing Facilities Worksheet is incluc3ed in Section II-B page 101-79 for detennination of any charges. b. Urban �newal In an urban renes�ral area caherein 75� af the buildir}3s are be:i� d��lished ar�1 uncaergro�ding af electric lin�s is requir� ei�r by tY�e urban ren�aal plan ar by ordin- ance, the Ccxngany wili at its �an e�aense replac� its overheac3 systan with a stazx3ard un3Gr�rQUrr� systc�n in acrorc�a�e with this �I-�.Q1-7� �cl�3irr� unden�ras.z��x3 ciist.riaution �aterals ana und�r- gr�.�nd service laterals. Eac� cust�r will t� charged by the . �..ny for th� installation of_ ti:e necessary �ergro�u�x3 di.stri- b�tic:� ].ater�.l ar servic� �lateral ta the �.xte�t required t7y this AI-101-?9 . �i�e Co€�any shall nat �-em�ve its exis� ing averhead sezvice to an und�lish�i building ur�til after a period of time reas�n.�ly �3�zate fo� the cust�r to make the necessary altera- tians in his ele�..^trical facilitics to accept imdergr�and se�vice. c. IX��tawrz Ur�n Renc-�aal In a c3��rnt� �ban renewal area, ;.:he Cc��y will re�la�e an as��rhe�3 syst�n with an imc3err�round systan in accr�rdanc� wj, 'th �rts ( a) or ( b} aY�Te . I�e to ti� �-}sible cz�nplexitiPS an3 variatio�.s involved in these situ��:ians such as clase prorunity af �tiidiz�s ha.ra�ering si-�nda� service e�:•t�ns:ia:ss, a��sur�.-�c� that a7.1 cus�c��rs agree to rewire to a;,..c��t ur�3ergra.md service, �3equate easanents, etc. , all c3�a�tc�an �han renewal pr�iects must be c�oon3inate3 with the i�ven� Servic� Syst�ns Departrr�nt. Az-lol-79 . � '---�--�r! �i, r •" ;) •� �. 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W E R C C3 Nf i� A N Y .�� ,, .' °.:.,R,, t»-`� ':-� �. ...,. a: i .. _ . - -�- _ ., �,.. _, - . ,,,; ..� _ - - . - ;; - �- - ��- ` - � _ .m-: , �" � -.... � >J-- '+.✓" �- •�• -+-' "'� rINCORPORA7ED 1N-MIM OTA +' � �. ,r�"" �,,v-�- �'^�. � � NES � �.. �,� . -s�. � i _ - . ^"` - ' �'r � . �" J ^ � , n.,,` _ .�,. : :� � ._ . _ . � _ _ ,�.� 1.� �' S 3 � �- � � " � �_ 6 _ � ; INNCAPOLIS' MINNESOi"A .- ._ , _ � �.- � 1 _ w �. -a.. _,.. _ .. .. ,.. y ;,.�- e �,~,,. �, _ - �.,, -°� ;�, -,: � 4 ..- �,: : X-- � ,. ,. ` -�-- "`. ��-"'., -�, ..r-.�_ i ,. _ ._. � "` ` � �,. '°- °F..�' v ,/. .... ., , -,� ... � '�.. ... ... � .. .�.,..� 4 .-i"" _ ti ±:.�.,� .- '.,�'', y � 4`� ,�,°" . ��«, . ...._.. ....• �. j t . ��q 1� �� I��IJ`V+7.\^✓ �i DATE~ �� .. �PAY 70 TNE'OFOER OF-` - - -^' x ..'�Y . �:� .•'� �•. , � 910 �, -_ _ .. ' � .. , ,. . � �' , �� \� �� ` _. _.l -016532 TNE :CITY- OF � � - ` - ; � .� . _. _ _ _� .. �. . SEP�;S 79 FRIDLEY ;� '�` � '��5� �,� -� t,150e00 _. _ - . F r �� . :., . _ ._ ��\��\�v��yy�v . . _ . ._.. ,. _ . � - _ - .. .., _ . ._ � . .. . .. .. - ..., `1+.1� �r . Q�r��' . : "� . " . .. :•� . .... . .. ` _ v . r- �. . .. '+� '� ..,+` ",..�'�' w^a.�.. J '� ~ ' ' - _ ' ,\ � `�.n..•'/ »'J ' ! 'W�. T~aw. J a � . � e � .... � .. ..... i.. � . �.l' ..'^ � . � �. �...., ;. - . , � � �.. . : Y�. .. . �"� >+"� •.` . . .. .. � � .. � � �� .. . ... .� . .. . ' ^ . _ . •� � . � ; � � . . .- :. �''� First . _ � — � � . . �. ` _ �a ��.� Mmneapaiis - - _ � - .,� � � _ _ • $,�d ins� N�aa,+� o.�,k t, -,�,esvo4+. MKm. 65480 � . � � _ _ � ,. .-, - . �i �-,,.4 ._ ..,._� _..�� , . , . - - - .. _ ' - -' . , - f .• . . - - ° ..,, �.� - �... � . � . ti r . ._ 3 - .�. � _ . _ , . .. � � . . .- , ..�. ��' ..:1 . � � _ — . � � � I ... '� _ � . , . � . �... _�v. - . .. . . . �.� .�. J ' . . . � � ir.� r. r. . ,.. ,� i n .. �.. e. _ � < <. J• ' . - , . .. .�. ..� 1" : .: " ,� ... ..� _" .%.^� a n � . _ � . .. u� `.. .�... ��,. � r . � . ' `.�•� ,- ;:.....i,.0 �6 S 3 2��" ��:04 �0000 2 20: 50 2- SOQ 7�8 3 5u' . -.. ,. � . _. � ; I . � � - _ _ _ � �_ .- .. .� ; . . - , _ . . , _. . _ . � ... _ - . � . ,._ . .. , _ .. .,- - -. .. . � . . .. _�. ::�... . . .._ - - _ _ . _ _. �� . „_ . ..-. _ - .. �y . .. __ _._ . .. ,� . _, _ . t. -•-�. _ . - , ... .� . .,, _ . _ ,. . _.._ , _ ... _ . � - � . r- � � , . � . . r . . � - . . . : � y;,,. . . . .. . � ;�w MEMO T0: Nasim M. Qureshi, City Manager h9EM0 FROM: Jerrold L. Boardman, City Planner MEP�O N0: #79-38 f�lEMO DATE: August 29, 1979 RE: Home Ownership Program Attached are the contracts from HiJD that need to be signed by the Mayor along with an agreement for cooperation between the City and the HRA. The project was applied for under the name of the City, but will need HRA action to carry out the program. This item should go to the City Council on September 10th for action on the agreement so that we can bring it before the Housing and Redevelopment Authority on September 13th. We �vill be si±ting down with Virgil Herrick on August 30th to run through the program so that we can set up the legal requirements for acquistion and relocation. � JLB/de Attachments 11 11 A U.S. DEPARTMENT OF HOUSING AND URBAN DE.VELOPMENT COMMUNITY D[VFLOPMENT BLOCK GRANT PROGRAM FUNDING APPROVAL UNDER TITLE ( OF THE HOI.'SING AND COMMUNITY DEVELOPMENT ACT OF 1974 (Public Law 93-383), AS AMENDED NAME OF APPLICANT City of Fridley A PPLICANT'S ADDRESS ((ncludo Strref, City, County, Statc eend 'Liy Code) 6431 University Avenue Northeast Fridley, Minnesota 55432 Anoka County 2. APPLICATION%GRANI' NO. B-78-SA-27-0013 4: OATE OF APPLICAT�ON 11-22-78 5. DATE OF HUD RECEIPT OF APPLICATION 1-03-79 6. ,�; Original Funding Approval � _ ; Amendment. Amendment No._ All section references below� are to the Housing and Comrnunit�Develo ii�ent Act of 1974, as amended, unless oiherwise indicated. 7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION (Check only oneJ , a. � Metropolitan Entitiement (Sec. 106) b. � Metropolitan Discretionary (Sec. 106) c. ❑ Non-Metropolitan Entitiement (Sec. 106) d. � Non-Metropolitan Discretionary (Sec. 106) � e. � Secretary's Discretionary (Sec. 101) f. � Categorical Program Settlement Grants (Sec. 103(b)) - . S. AMOUNT OF COMMUNITY DEVELOPMENT BLO�Y. GRANT FUNDS APPROV�D a. Amount of CDBG Funds Currently Reserved for this Flpplicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $_ 120,000 b. Amount of CDBG Funds Now Being Approved for ihis App�icant . . . . . . . . . . . . . . . . . . . . . . . . . . . � __ 120, 000 c. Amount of Reservation to be Cancelled (Line 8a minus 8b) . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . � HUD ACCOUN7ING USE ONLY BATCH TAC r-~ _ Pi'OC3f2l�M Y A REG ARE LIOCUMENTNO .PROJECT NUMBER S 1 5 3 � 1 7,6 7 U 8 2 1 4 9 12 13 IA 16 16 2� 3J 35 CATEGOR AMOUNTI EFFECTNEDATE F AMOUNT2 SCHEDULENO. �I— --- - --�. _.�� ! �� T��_.__ .� ae ai as so ea ao si es �e �a �� 9. DISTRIBUTION OF APPROVED COh1MUNITY DEVELOPbtENT BLOCK GRANT a. Grant Amount Bud;eted by Locality for Repayment of Urban Rene�val Loans . . . . . . . . . . . . . . . . . . . $ b. Grant Amount Withheld for Payment o( Principal and Interest on Loans Gu�ranteed Pursuant to Sec. 108 .� c. Grant Amount Deducted by HUD to Seitle Oufstanding Urban Rene�val Loans (Sec. t12(�)(1)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . $ d. Sum of lines 9a, 9h, and Jc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ � ------ e. Amount of Approved CDQG Avail,ible for Disburse,�icnt (I_ire 8b minus 9dl . . . . . . . . . . . . . . . . . . . . S ___120_,OQQ____.___ Previous Fditions ara Obsoloro 1 . HUD-70E2 (8-7i?) . . . � � 11 B 10. AMOUNT OF SURPIUS URBAN RENEWA� FUNDS APPROVED ANO BALANCE AVAILABLE (Sec. I!I(bJJ a. Amount of Surplus U.R. Funds Reserved for this Applicant . . . . . . . . . . . . . . . . . . . . . . $ � b. Amount of Surplus U.R. Funds Now Being Approved . . . . . . . . . . . . . . . . . . . . . . . . . . . $ c. Balance of Surplus U.R. Funds Available for Future Use (Line IOa minus IObJ. .......$ HUD ACCOUN7fNG USE ONLY BATCH TAC PRO~GRAM Y A REG REA DOCU� EN�TNO. PROJECT NUMBER - 5 153 � 082 176 1 2 9 12 13 14 16 18 23 30 35 CATEGORY AMOUNT 1 FFEG7IVE DATE F AMOUNT 2 SCHEDULE NO. 41 45 50 54 60 61 65 70 74 79 t t. MAXIMUM AMOUNT OF LOAN GUARANTEE COMMITMENT AVAILABLE AND AMOUNT NOW BEING APPROVED a. Applicant's Latest Entitlement Amount —$ x 3 $ b. Grant Amount Required by HUD to be Applied to Urban Renewal Loans $ c. Amount of Outstanding Loans (Including Prtncipal and biterest Ther2onJ Guaranteed $ Pursuant to Section 108 : d. Amount of Outstanding Loan Guarantee Commitments Approved Pursuant to Secfion 10f3 $ e. Maximum Amount of Loan Guarantse Commitment Available (Line lla minus IIb, llc, � and IIdJ � f. Amount of Loan Guarantee Commitment Now E3eing Approved $ 12. RECIPIENT OF LOAN GUARANTEE (Citeck ApplicaLle BoxJ a. ❑ Applicant Identified in Biock No. 1 b. Cl Pubiic Agency �esignated by App{icant as Grantee to Receive Loan Guarantee (Nameand AudressJ , •13. Waiver of Certain Applicatian Requirements for Section 106 Grants ' ll C D The application reyuirements of Section 104(a)(1), (2) and (3) are waived pursuant to Section 104(bX3), except 1 as indicated below: � 14. Determination Regerding Particularly Urgent Needs to be Mei by Proposed Activities O HUD has determined that the activities described in the application as supporting community development needs � having a particular urgency, as specifically described in the application, are designed to meet such needs. I5. Environmental Review Actions (a) ❑ The Applicant lacks legat capacity to assume environmental responsibilities under Section 144(h). HUD � has prepared and circulated a final Environmental Impact Statement on the application. (b) (X�1 The Applicant has legal capacity to assume environmental responsibilities under Section 104(h) and has 2 submitted requests for release of funds and certifications approved by HUD vnder Section 104(h)(2) for all projects which are subject to the etivironmental review requirements of 24 CFR Part 58 and require � HUD reIease of funds, except those listed under Item 16(a) hereof. 16. Conditional Approvals on Use of Funds The obligation or utilization of funds for the activities shown below, except as provided under subsection (a), is pro- hibited without the further express written authorization of HUD. (a) Projects requiring HUD written release of funds under Section 1 U4(h)(2): (However, funds may be obligated o� utilized for: (1 J. the pervntent of reasonaale adn�inistrative costs related to 7he planning and executlon of projects listed in this subsection and (2J other relateci activities specified under 24 CFR 5�.21 as exempt from environ- mental revietiv requirements, including eligible planning, desigrt, and environmental activities. J Acquisitian Demolition Relocation HUD-7082 (8--78) (b) Sec. lQ5 (a) (8) public services determined necessary or apprapriate %r which other Federal assistance may be avaiiablc: 11D (c) Sec. I05 (a) (2) floocl or drainage facilities for which other Federal assistance may be available: (d) Any activities within ±he preceding categories which will be undertaken as a result of program amendments, or as unspecified local option activities. �(e) Activities affected by failure to comply witli applicable HUD regulations or ]aw: (The specific regutation or law with respect to cach activity listed, and the corrective actions required to remove the conditional approval, are cited as Speciai Conditions in Item 18.) � � 17. Ineligible Activities Reducing Section 106 Grant Entitlement � Application for fundin� of the following proposed activities, determired by HLTD to be ineligible under Title I of the Act, is disapproved and the Appiicant's Sec. 106 grant entitleniei�t has been reduced in the amount 1 , shown below: ProLosed Activity Total: Amount NtlD-70d2 (Q-7Sj 18. Special Conditions and Moditications of Grant Agreement ll E Notwithstanding any other provision of the Grant Agreement, the grant approval is conditioned subject to the requirement thar, within 60 days after publication for effect of HUD regulations implementing the 1978 amendment to the "expected-to-reside" provisians of Section 104(a) of the Housing and Community Deveiopment Act of 1974, as amended, the grantee shall submit any amendments to its Housing Assistance Plan which may be necessary to conform to-such regulations. Fa:tlure to com- ply with fihis requirement shall be cause for HUD to restrict further obligations or expenditures by the grantee until Che Housing Assistance Plan is in conformance with such regulations, as determined by HUD; to reduce the balance of the Fiscal Year 1979 grant down to zero pursuant to ��570.910(b)(10) of the regulations; and to recover o-r offset any expended funds under such remedies for noncompliance as are appropriate. � � Check if coritinued on extra sheet and attach. The funding approval indicated above for iitilization of the assistance provided thereunder in accordance with the approved application, subject to tlie requirements of Title I of the Hausing and Community Development Act of 1974 (P.L. 93-383), as antended, and the Department of Housing and Urban Development's ru1_es and regu]atiorts, and the execution of a Grant Agree- ment in accordance ttierewitl�, is tiereby autltorized for the program year beginning on Au�ust Z0. 1 979 ^. .• 17 AUG �a)9 Date: Secretary of Housing and Urban Development IDate Applicant tiotired tliat funding has been auttiorized: ALL�L�t,._._�!___._1�79 __ � HUD-7082 (8-78) • ACCEPTANCE PROVISIONS 1„], F The Crant Agreement, authorized by the Department of Housing and Urban Development on AuQUSt 2Q, 1971 under the Funding Appraval for application�grant number B-78-SA-27-0013 ___ _ _, is hereby accepted by the Applicant as Gcantee under the Agreement; and the Applicant�Grantee agrees to comply, and to accept responsibility for compliance by any public agency designated as Grantee to receive loan guarantee assistance and by any public or private non-profit entity, local development corporation, or small business investment corporation cazrying out grant activity on be}ialf of the applicant, with the terms and conditions of the Agreement, applicable law, regulations and all requirements of EiUD, now or hereafter in effect, pertaining to the assistance provided. Citv of Fridley (Name of Applrcant/GranteeJ { flr' ::: � �. ,,;;�; By: �`� \ (Signa:ure of Authorized Official) Mayor (TitleJ September 10 1979 (DateJ , HUD-7082 i8-78} �. . . ,� 0 0 �. i , r, • I . � ; : ' ___ . �.:. _l , ' � � • 0 , . 'Y. . . . , . . • . '' r ', r'_ ' . .. . . , ; : .; .� . . `�` 11 G . . . - • � � . . . . � . - • . : . . ' � . . . . t: " � � AGI2ECMEN7 OF COOPFRATIOfI ' ' � , Af�U TtIE � E3E74JFEN 711E CI7Y OF FRIDI_EY ; . F'RIpLEY �I�USIPIG ANU RfDEV�LOPi�IEP�T AUTtIORITY a TNIS AGRCEt4EPJT, made and entered into i:his � day of � , Z979, by and between the City of Fridley, llnoka County, t•tinnesota, a munticipal corr'por- ation organized under the laws of the State of t4innesota (hereinafter referrEd to as the City) and the Fridley Ilousin�l and Redevelopmc:nt Authority, a publi�c corporaLion organized under the la4rs of thc.State of 14innesota, having its off�c�s� in the City of Fridley (hereinafter referred to as the t1RA). . � : �, . 4!tlERFAS, the City of Fridley has received a grant of $120,000.00 for the oper�tict of a large family moderate income home oti�rnership program from the Department of Housing��and Urban Development (hereinafter referred to as the "F{ome ownership program ) ; � . . . .. . � . ' • �', .. 4iHERE6IS, the activites of the home oam ership program include land acquisition, relocatiQn, de:.^.olition and construction fa71 Yl1tI171i the 7egal bounds of the HRA and- _ . . . , _ . . � :: . . . _ . . _ . , �. . WHEREAS, �he City has determ�ined that it ,is necessary and desirable for the HRA to assist it in completing the "Home o��nership program", and; WNEREAS, the City and the HRA have the power to enter into a ccoperativ� agreement for the making and performing such activies as required to comp7ete the."Home ownership program"; � _ _ .: � NOW THEREFORE, for und in consideration of the mutual.covenants and agre�ements hereinafter contained, and other good and valuable consideration, the re�eipt � and sufficiency t•�hereof are hereby acknoti��led�ed Uy eacii of the parties h�reto, the City and the HP,A do hereby agree as follotirs: - - -� � :. . 1. The HRI�, it its o4,rn name, shaTl proceec} �•.�i±h and comp7�te the "�iome �� _ o.�rnship nrogram", �including all preceed�ngs that may b� necessa�-y for + acc�uisition, by di�°ect purchase, relocation, deinolitiort and ccrostruction, • includin� entering into all necessary service contracts; and sF�all do all . things required, necessary or desirable to implement tt�e "Nome oti�m ership program:. A11 things done by the liftli pursuant thereto shal7 b� done in ,compliance ti��ith the requirements and reyulations impos�d upon ��e HRA �y ,Aiinnesota Statutues, (The P9u,iicipal Nousin�! �nd Redevelopment Act").. 2. The 11RA shall report periodicaTly to the City on the progress af its ' _� ac�ivites �in completing ti}e "iiome otvnership pragrarn`.'. - 3. This ayreement shall term�inate upon comple�:i�n of tf�e pt-ogram. IN t•IITNESS l�JIfFREOF, the part�ies hereto h�ve caused .tfiis instrunjent to be duly executed as of the clay and year firsi above taritten. • 0 CIiY OF FRIDLEY QY: . . Ii;s t�layor, 1'1�11iam J. P;ee • � n;��: `I�s"?fianaqer, tr��str� �. �ures �i � , ' r . . • I Ilousinl anci ltedc�velopment � Autliority of Fridley [3Y : -. . �Y^ •- � - -. li:s Cli�iir��et'soii, L�tt'ry� Coimn�rs /1NU:__ - -__..,.__..__ _�..____.__.._.____�_.____-.._. f ts f:.xcr.ut:ive Uir�ec:tor, Jerroid I'u,��'i1m�7n �YIN� � , J' 'ti « * (;ji�f��;f� *�p �1r ��1�� +�o ��AM N�� REGION V ' 300 South tVacker D�ive Chtcag�, IlUrtui• 60606 DEPAF2TMEN7 OF HOUSING AND UR6AN DEVELOPMENT AREA OFFICE . 6A00 FRANCE AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55435 1 • � ' 1' 11 ,U (N REPLV REFER TOS Mr. Z'ho.^�s T: Feeney, Psea P�'�ar_ager Departr�nt of �:ousir�g & Urban Devel.o�zt . Attention: Ms. V�ronica Daugh�-ty � W�ge l�c;uir�r.ents � 5400 FYance Avenue South . � '� A2iruz�golis, Minnesota 55435 � Dear I�^s. Feeney: Jerrold L. Boardman has been designat�l Labor � Stanc�rds OfficP..r for the CorzrnanitY of Fridley, Minnesota Thi.s pessc�n is responsi�le for the ac�inistration �anc� enforcer��nt of Iabor Stanc�sds rec�uir�:�nts under ti�� corr�rn�nity vevelopm�ent �1ock crant P�gra*n. Sincerely, •� Chief F�ecutive Officer � : William J. Nee, Mayor C�� ,f, MEMORANDUM T0: CITY MANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL DATE: SEPTEMBER 4, 1979 SUBJECT: RESOLUTION GIVING PRELIMINARY APPROVAL TO MEDTRONIC, INC. PROJECT INDUSTRIAL DEVELOPMENT REVENUE BOND. The attached resotution indicates that the City Council has given preliminary approval to the issuance of $1,000,000.00 !DR bond to Medtronic, Inc. After application has been made to the State and all the other legal documents have been filed with the State of Minnesota, they will act on the apptication and will return the documents to the City and the City Council will be given an opportunity to give final approval to the bond issue. � . � 12 A After some discussion, Councilman introduced the following resolution�and moved its adoption: RESOLUTION N�. RESOLUTION RELATING TO THE AUTHORIZATION AND ISSUANCE OF RE�IJ�NUE BONDS OF THE CITY UNDER MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE OF FINANCING A PROJECT THEREUNDER; AND AUTHOkIZING AN APPLICATION BY THE CITY TO THE MINNESQTA COMMISSIONER OF SECURITIES BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: Section l. Recitals. 1.01. The Legislature of the State of Minnesota in Minnesota Statutes, Chapter 474, as amended (the Act), has found and declared that the welfare of the State requires active promotion, attraction, encouragement and developrnent of economically sound industry and commerce through governmental acts to prever,t, so far as possible, emergence of blighted lands and areas of chronic unemployznent; has autharized municipalities to issue r�venue bands to financ.e, in cahole or in part, the cost of the acquisition, cons�ruction, reconstruction, improvement an� betterment of projects, including any prop�rties, real or personal, used or useLul in connection with a revenue producing enterprise engaged in any business; and has authorized municipalities to ent�r into "revenue agreements", as defined iry the Act, with any person, firm, or public or private corporation or federal or state governmental subdivision or agency (the Contracting Party) providing for the payment by the Contracting Party of amounts sufficient to pravide �or the prompt payment of principal and interest on the revenue bonds. 1.02. It has been pr_oposed that the City issue its revenue bonds, pursuant to the authority of the Act, in an amount not exceeding in aggregate principal amount $1,000,000, or such lesser amount as may be necessary to finance all or a portion of the costs of the the acquisition, construction, furnishing, equipping, improvement and betterment of certain real and personal properties in the City to be used as an addition to the present manufacturing £acility of Medtronic, Inc. (all -9- l2 B such properties being hereinafter referred to as the Project), and to make the'proceeds of the sale of those revenue bonds available to Medtronic, Inc., a Minnesota corporation (the Company), which will agree to pay the City amounts sufticient to pay promptly the principal of and interest �n the revenue �onds, and will agree to cause the Project to be constructea. The Project is pr�esently estimated to cost approximately $1,000,0�0. 1.03. The City has been advised that , conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the scope of the Project or the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrowing costs, the Project can be constructed as designed and its operation is economically more feasible. 1.04. This Council has been advised by Dain, Kalman & Quail, Incorporated (the Underwriters), the proposed underwriters of the revenue bonds described herein, that revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.05. There has been pressnted to this Council a form of Memorandum of T�greement relating to the issuance of revenue bonds of the City to finance costs of the Project. Section 2. Public Hearing. 2.01. As required by Sectio� 474.01, Sub�ivision 7b of the Act, this Council, pursuant to a resolution aaopted on , 19 , called and held a p��.blic hearing on the proposal to uizdertake and fi.nance the Project. Notice �� the time and place of the hearing, and stating the general nature of the Project and an estimate of the principal amount of bonds ta be issued to finance the Projec�, was published at least once raot less than fifteen days nor more than thirty days prior to the date fixea for the hearing, in the official new�paper of the City and a newspaper of general circulation of the City. A draft capy of the propased application to the Minnesota Commissioner of S�curities, together with all attachments and exhibits thereta, was available L-or public inspection folloe�ring the publication of such notice at the place and times sct forth in the notice. -5- 12 C 2.02. All par�ies who appearea at the public hearing were given �n opportunity to express their views with respect to the proposal to undertake and finance the Project. This Council has heard and considered the views expressed at the public hearing and the information submitted to the City by the Company and the Underwriters. Section 3. Approvals and Authorizations. 3.01. On the basis of information given the City to date, and the views expressed a� the public hearing, it is found and determined that the Project furthers the purposes stated in Section 474.01 af the Act, and that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of the Act to finance costs of the Projec� in an amount not to exceed $1,000,000 (the Bonds). � 3.02. The Project is hereby given preliminary approval by the City and the issuance of the Bonds for such purposes approved. The Bonds shall not be issued until the Project has been approved by the Commissioner of Securities as provided by the Act and until the City, the Company ana the Underwriters have agreed upon the aetails of the Bonds and provisions far their payment. 3.03. If the Bonds are isaued and sold, �he City will enter into a lease, mortqage, direct or installment sale contract, loan agreem�nt, take or pay or similar agreement, secured or unsecured, satisfying the requirements of the Act (the Revenue Agreement) with the Company. The amounts payable by the Company to th� City under the Revenue Agreement will be sufficient to pay the principal of and� interest and redemption premium, if any, on the Bonds �s ana when the same shall become aue and payable. 3.04. The form of �emarandum of Ag�Eement is approved arid the Mayor and City Manager are authorized to execute the Memorandum of Agreement, with such changes as the City Attorney may approve, on behalf of the City. 3.Q5. In accordance with the Act, the Mayor and City Manager are hereby authorized and directed to submit the proposal for the Project to the Minnesota Commissioner of Securities for. her approval of the Project. The Mayor, City Manager, City Clerk, City Attorney and other ofticers, employees and agents of the City are hereby authorized to provide the Coirunissioner with any preliminary information she may need for this purpose, and � the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project. , 3.06. The City will comply with all of the provisions of the Act, including Section 474.01, Subdivision 8 thereof, in the issuance of the Bonds and the financing of the Project. Section 4. 5 ecial Obligations. 4.01� In all events, it is understooa, however, that the revenue bonds of the City shall not constitute a charge, lien or encumbrance, leg«1 or equitable, upon any property of the City except the Project, if it becomes the property of the City, and each bond, when, as and if issued, is payable s�lely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. Mayor. Attest: . � City C er � _ The motion for the adoption of the foregoing resolution was s�conded by Councilmember , and upan vote being �aken thereon, the following voted in favor thereof : and the following voted against the same: whereupon said resolution was declared duly passed and finally actopted. -7- 12 D RESOLUTION N0. -1979 A RESOLUTiON SETT(NG AN ELECTION FOR COUNCtLMEMBER FOR WARD II WHEREAS there is a requirement to hold an�election for the office of Council- member for Ward il for a three-year term, NOW, THEREFORE, BE IT RESOLVED that pursuant to the Charter of the City of Fridley (Chapter 4, Section 4.03), the City Council hereby provides for and calls a City election of the City of Fridley to be held in the City of Fridley on Tuesday, the 6th day of November 1979, at which election electors of the City of Fridley shall vote and cast a ballot with respect to the office of Councilmember for Ward II, and thereafter the candidate receiving the highest number of votes for said office shall be deemed the elected official for said off i ce. That the City Clerk shall give at least �ifteen days notice of the time and place of holding such election, the names of the candidates who have filed, and of the offiCe to be elected, by posting a notice thereof in at least one public place in each voting precinct, and by publishing a notice thereof at least once prior to said City election in the official newspaper of the City. That the polling places for said City election shaii be as Foliows: WARD 2 PRECINCT 1 WARD 2 PRECINCT 2 WARD 2 PRECINCT 3 Fridley Senior High School 6000 West Moore Lake Drive Rice Creek Etementary School 6666 Arthur Street North Park Elementary School 5575 Fillmore Street NE PASSED AND ADOPTEd BY THE CITY COUNCIL OF THE CITY dF FRIDLEY THIS DAY oF , 1979• ATTEST: MARVIN C. BRUNSELt, CI7Y CLERK WlLLIAM J. NEE, MAYOR RESOLUTION NQ. A RESOLUTION TO ADVERTISE FOR BIDS for WALKING BRIDGE MATERTAL ONLY BE IT RESOLVED by the Council of the City of Fridley, as follows: 1. That it is in the interest of the City to award bid contracts for the following items or materials: Walking Bridge Material 2. A copy of the specifications for the above described items and materials, together with a proposal for the method of purchase and the payment thereof have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acauisition and payment to be required by the City with respect to the acquisition of said items and materials. 3. The purchase of said items and meterials as described above shall be effected by sealed bids to be received and opened by the City of Fridley on the 14th �ay of September, 1979. The City Manager is directed and authorized to advertise for the purcha.se of said items and materia.ls by sealed bid proposals undPr notice as provided by law and the Charter of_the City of Fridley, the natice to be substan�ially in ` form as that shown by ��chibit "A" attached hereto and made a part of by reference. Said notice shall be publ?shed at least twice in the officia2 newspaper of the City of Fxidley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19 ATT�ST: MtU2VIN C. BRU,vSELL - CI'fl' CLERK DAY OF WILLIAh1 J. NEE - MAYUR 14 CITY OF FRIDLEY BID NOTICE for WALKING BRIDGE MATERIAL ONLY EXHSBIT np�n '�he City Council of the City of Fridley, Minnesota will accept sealed bids on 1Valking Bridge Material only on the 14th day of September until 1:30 p.m, on :�aid date at the Fridley City Hall, 6431 University Ave. N.B., FridZey, Minnesota 'i5432 (telephone: 571-3450). Al1 bids must meet the minimum requirements of �the specifications. Failure to comply with this section can result in disc{ualification ��f the bid. Each bid shall be accompanied by a Certified Check, Cashier's Check, Cash or Bid Bond and made payable without conditions to the Gity of Fridley, Minnesota, in an amount oi not less than five pexcent (5%) of the bid, which check, cash or bond shall be f.orfeited if bidder neglects or refuses to enter into contract, after his bid has been accepted. TI�e City reserves the right to accept the bid which is determined t� be in the best interests of the City. The City reserves the right to reject any and all bids and waive any informalities or technicalities in any bid received without explanation. The City Council also reser.ves the right to conszc�er sucY� factois as time of delivery or performance, experience, responsibility of the bidder, past �erformance of similar types of items or materials, availability of products and other similar factors that it may determi.ne to be in tli� best intexest af the City. Copies of the speci£ications and general conditions may be examined in fihe office of the Purchasing Agent, or copies may be obtained fzom his of.fice. Al1 bids must be subriitted in sealed envelopes and 1� ainly marked on i;he outside with WALKING BRIDG� MATERIAL ONLY. Nasim Qureshi City�Manager Publish: Fridley Sun September 5, i979 SeptemUer 12, 1979 ly A T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIPJ C. BRUNSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR SUBJECT: FINAL ASSESSMENT ROLL--1979 SERUICE CONNFCTION ROLL DATE: SEPTEMBER 4, 1979 The attached resolutions would order the preparation of the final ass�ssment roll and the publication of the hearing notice on the 1979 Service Connection Assessment Roli. ��r�ements assuming the princip1� of these ass�ssme�ts have been signed by the �roperty owners with the exception of one owner. This owner has deposited an escrow in the amount of the assessment here at the City of Fridley. � MCB ps � 0 15 RESOLUTION N0. - 1979 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1979 SERVICE CONNECTIONS BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: l. It is hereby determined that the assessable cost of construction with respect to the following named improvement, to-wit: 1979 SERVICE CONNECTION ASSESSMENT ROLL including a11 inc�dental expenses thereto is estimated at $ 23,610.36 , 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. � . PASSED AND ADOPTED BY TH� CITY COUNCIL OF TNE CITY OF FRIDLEY THIS ATTEST: QAY OF , 1979. CITY CLERK Marvin C. Brunsell MAYOR William J. Nee u 15 A i� 16 RESOLUTION N0. - 1979 RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR TNE 1979 SERVICE CONNECTIONS WHEREAS, by a resolution passed by the Council on September 10, 1979 , the City Clerk was directed to prepare a proposed assessment of .the cost of sewer laterals, water Taterals, and service connections. WHEREAS, the Clerk has notified the Council that such proposed assessment ro11 has been completed and filed in his offiice for pubiic inspection. NOW, THEREFORE, BE IT RESOLVED QY TNE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA COUNTY, MIPINESOTA, AS FOLLOWS: 1. The City Council shall m�et at the City Hall in the City of Fridley, Anoka County, P9innesota, on the 24th _ day of September, 1979 , at 7:30 p.m. to pass upon the prop�sed assessment far 1979 SERVICE CONNECTION ASSESSMENT ROLL 2. The City C�erk shall publish notices of the time and place of ineeting in the official newspaper of the City at least tc�ro (2) �Neeks prior to such meeting. ' PASSED AND AD4PTED BY THE CITY COUNCIL OF THE CI7Y OF FRIDLEY THIS DAY �F • , 1979. MnYOR William J. Nee ATTEST: CITY CLERK Marvin C. Brunsell CITY OF FRIDLEY �NOKA COUNTY, MINNES�TA NOTICE OF HEARING ON ASSESSMENT FOR 4JATER AND SE4JER MAINS, LATERALS AND SERVICE CONNEC7IONS " Notice is hereby given that the Council of the City of Fridley wi11 meet ai the City HaTI in said City on the 24th day of September, 1979, at 7:30 o'c7ock P.M. to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvements,,to-wit: 1979 IdATER AND SEGJER MATNS, LATERALS, AND SERVICE CONNECTIONS NOT HERETOFORE FURNISHED AND AVAILABLE The proposed assessment roll for each of said improvements is now on file and open to public inspection by all persans interested, in the office of the Clerk of said City. At said hearing, the CounciT w711 consider written or oral objections to the pro- posed assessments for each of said improvements. 7he general nature af the improvements and each of them is the construction and furnish�ng of sewer mains, iaterals, and service connections and water mains, latera7s, and serv7ce connections in and to the properti�s, as foliows: Parce1 2420 E. 250 ft. of �AJ. 500 ft. Lot 22, Block 1 Lot 3, B1 ack 1 Lot 4, alock i Lot 30, Block 8(+ 2 of Lots 20-22, Block 3 Lots 23-26, Blocfc 3 Lots 1-4, Blocic 4 of Lot 1 vacated street) Part of Lo� 14, Parcel T060 Lot 17 , 6� ock i l6 � Sec�ion 24 Auditor's Subdivision No. 89 Alice Wall Addition East Ranch Estates 3rd Addition East Rar�ch Estates 3rd Addition Hamilton's Add'n:to hlechanicsVil]e Onaway Addition Onaway Add�tion ' Onaway Addition Me� 01 and Garderrs Addi ti on Amber Oaks Add'n (New Brightan) The area proposed to be assessed for said improverr�ents and each o� them is a11 tha� land benefited by said 7mprovements or each of them and is the same as those iisted above. Said improvements.will be lssessed aga�nst the pro�erties within the above noted areas in whole or in part propori;ionate1y to each of the lands i:h�rein cantain�d accordi ng to tl�e b�ne-Fi ts recei ved. PAS�EO �IND ADOPTED BY 7HE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF __ , 1979. ATTEST: NiAYOR William J. Nee CI7Y CLERK p1arvin C. Grunsell � Pul�lish: Fridley Sun on September 5 and September l2, 1979 CITY OF FRIDLEY T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. 6RUNSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR SUBJECT: RESOLUTION CERTIFYING CHARGES TO THE COUNTY AUDITOR (SPRING BROOK PARK ADDITION) DATE: SEPTEMBER 4, 1979 The at�ached resolution �rould place a lien or assessment on the lots listed for abatement of nuisances. The amount of ihe assessment is as listed. The purpose of �he assessment is to recaver the cost of clearing the debris from the proper•ty. All of the properties have been billed for the charges, and have had an opportunity to pay the charges. A twenty-five per cent (25%) administrative charge has been added to the contractor's charge. MCB ps Att. " 17 RESOLUTION N0. - 1979 A RESOLUTION CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED ON VARIOUS LOTS IN BLOCKS 5 AND 12, SPRING BROOK PARK ADDITION, FRIDLEY, MINNESOTA, FOR COLLECTTON WITH THE TAXES PAYABLE IN 1980 WHEREAS, a public nuisance condition was found to exist on the following des- cribed properties listed below, and WHEREAS, the owners of these properties were notified that such a condition was found to exist, and that the City would have to initiate clean-up if the property owners did not take care of the situations on their own, and WHEREAS, the City obtained the services of Gallagher's Service, Inc., and NOW, THEREFORE, BE IT RESOLVED, that the City Clerk is hereby authorized and directed to certify to the County Auditor for co7lection over a one-year period beginning with the taxes payable in the year 1980 the charges as listed below: Lots 22 and 23s Block 5, Snring Brook Park Addition Lot 18, Block 12, Spring Brook Park P�ddition Lot 19, Block 12, Spring Brook Park Addition Lot 20, Block 12, Spring �rook ParF Acidition Lot 21, Qlock 12, Spring Brook F'ark Addition Lot 22, Block 12, Spring arook Park Addition Lot 23, Biock 12, Spring Brook ParE: Addition Lot 34, Block 12, Spring Brook Park Addition Lot 35, Block 12, Spring Brook Park Addition $ 545.62 272.81 272.81 _ 272.81 272.81 272.81 272.81 121.26 121.26 2,425.00 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIaLEY TNIS DAY OF ATTEST: 1979. 0 MAYOR Wil1iam J. Nee CITY CLERK Marvin C. Brunsell 17A MEMO T0: NASIt�{ QURESHI, CIiY NiANAGER, AND CITY COU�VCIL FROM: MARVif� C. BRUNSELL, ASST. CITY MGR/FIN. DIR. SUBJECT: ASSE5S��ENT ROLL - TRE�ITMENT AND REMQVAL OF TREES (19i9) DATE: SEPTEMBER 5, 1979 7he attached resolutions are fior the purpose of ordering preparation of the assessment roll, and the publica�ion of the notice of hearing for 7reatment and Removal of Trees (1979). The roll includes work done in the laiter part of 1978 and the work done in 7979. 9 � RESOLUTIOf� N0. - 1979 A RESOLUTIO�� DIRECTING PREPARATION OF THE FINAL ASSESSP1ENT ROLL FOR TREATMENT A�JD REP�OVAL OF TREES (1979) BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. It is hereby determined that the assessable cost with respect to the following name improvement, to-wit: TREATMENT Af�D REP�OVAL OF TREES (1979) including all incidental expenses thereto, is estimated at $605.85 . 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said �improvement accord�ng to law. PASSEL� Ai�D ADOPTED BY THE CITY COUNCIL UF THE CITY OF FRIDLEY THIS DAY OF 197g. P•1AYOR - WILLTAh1 J. NEE ATTFST: CITY CLERK - Marvin C. Brunsell . � RESOLUTION N0. - 1979 A RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSPIENT ROLL FOR TNE TREAT��ENT At�D REMOVAL OF TREES (1979) BE IT RESOLVED by the Co�ancil of ihe City of Fridley, Anoka County, iNinnesota, as follows: 1. The City Council shall meet at the City Hall in the City of Fridley, Anoka County, t�linnesota on the 24th day of September , 1979, at 7:30 p.m, to pass upon the proposed assessment for the foilowing named ir�provement: TREATMENT AND RE��OVAL OF TREES (1979) 2. The City Clerk shall publish notices of the time and place of ineetirg in the official newspaper of the City at least two (2) weeks prior to such meeting. � PASSES AND ADQPTEQ BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - Marvin C. Brunsell 19 ,< � `■ CITY OF FRIDLEY AP�OKA COU��TY, f�If�idESOTA NO7ICE OF HEARIfJG OF �ASSESSNitfdT FOR TREATMtN7 IIND REMOVAL OF TREES (1979) Notice�is hereby given that the Council of the City of Fridley will meet at the City Hall in said City on the 24th day of September, 1979 at 7:30 o'clock P.t�l, to hear and pass upon all objections, if any, to the proposed assessments in respect to the followiny improvement, to-wit: TREATMENT A�dD REt40VAL OF TREES (1979) The proposed assessment roll for each of said improvements is now on�file and open to public inspection by all persons interested, in the office of the Clerk of said City. At said hearing the Council will consider �,lritten or ora1 objections to the pr'opased assessments for each of said improvements. The general nature ofi the improvements and each of them is the treatment or removal of trees located in the City of Fridley. Outlot A, Parcel 480 Lot 20, Block l:. Lot 4, Block 1 Lots 31-34, Block K Lots 44-46, Block S Lot l, Block 1 Innsbruck North Townhouses 2nd Innsbruck North Townhouses Plat 4 Parkview Oaks lst Addition Ri vervi e�� Hei ghts Riverview Heiqhts Van Cleaves Addition l9 q The area praposec� to be assesseci for said impraven�eni;s ar�d each of �hem is all that land benefited by said improvements or eacli of them and is the same as those listed above. . Said impravements will be assessed against the properties with�in the above notice area. A property owner may app�al an assessment to the district court by serving notice of appeal upon the City hlayar or Clerk within twenty (2G} d�ys aiter adoption or the assessment and filing such no�ic� with the district cou►�� within te� (10) days after servi ce upon the Pryayor c�r C1 erk. PASSED AND ADOPTED BY THE CITY COUNCIL OF TNE CITY O(= FR£DLEY THIS DAY OF 1979. ATTEST: CITY CLERK - Marvin C. Brunsell Publish in the Fridley Sun: � September 5th and 12th MAYOR - tdILLIAF1 J. tJEE I��/`% Zi" Cl�i^ I�.UR CONCUf�R[�P10E E�1' THE ClTY COUNCfL —� LICE��SES ��..�.._.. � Se tember 10 1979 �. �pe of License: . B,� • Approved By: ', fee: ;,' Food Establishment . Sycamore Farms Inc. Ronald Steen Steve Olson , $26.28 6530 E. kiver Road � Health Inspector .� � Fridley, Mn. 55432 ` . . ' ..� . 0 0 � m � ( l' ��; � 21 A 0 F.C)R COrVCURf�CNCE 3Y THE CITY COUNCIL - Ll�t�sEs Si�I'TEMBER 10, 1979 • G�1S S�RVIC�S APPi20VED BY P.bel iicat��ng, Inc. ' • ` 266 Water Street � • . . � WILLIAM SAN�DIN Excelsior,, r1N 55331 . By: Raymond Olson . Plbg. �itg. �Insp. GENERAL CQtITRACTOR " Cooper Construction Co. 84�7 University Avenue N.E. Spring Lalce Park, MN 55432 Gierisen Company 5147 Winn�tka Avenue North New fiope, MN 559:28 Keho Constructic�n Co. - 5801 K�mrich Dri.ve Edina, 21N 55435 � By: Thomas E. Cooper By: R. I., Giertsen By: L. W. H.ayer Merchants P-iaintenance Service 8670 Van Buren .>treet N.E. Blaine, MN 55434 : By: �ruce Bogi.e Rodrigue Maintenance 1071 Polk Place Columbia Height� , NfiT 55421 The St. Dennis Company 12205 Tlirush St:reet N.W, Coon Rapi.ds, P-uV 55433 Town & Country 'Btulders 4304 �xcelsior 131vd. st. Loui�> Park, ri21 55416 Ii�ATING Abel Heatir�g, Inc. � � 266 Water Street Excelsior, MN 55331 GEi�IERAL COPdTRAC`I�R Stuart Construction Co. 4611 Lyndale Avernie Ilorth P�Iinneapolis, i•4N 55412 By: ideil Lo Rodrzgue � By: Joseph St, Dennis By: Duane Lindgren By: Raymond Olson By : Richard Sweer . , DARREL �RK Chief Bldg.' 0£f. � DARREL CLARK Chief Bldg. Off. DARREL CLARK Chief Bldg. Off. DARREL CLARK ' Chi.e� Bldc�. Off. DARREL Q,ARI�• • Chief B1d�o�Off.- , DARREL CLA RK Chief Bldg. Off. DARREL CLARK Chief Hldg. Off. �aILLIAM SANDTN Plbg. Htg. Ins�. DARREL (�ARIC Chief Bldg. Off. ;� FOR CONCURRENCE BY THE CITY COU��CIL - ESTIi�1ATES . Halvorson Construction � ' 4227 - 165th Avenue N.E. Wyoming, MN 55092 PARTIAL Cstimate #9, 1979 misc. Concrete curb & gutter contract $3,585.00 Patch ERickson Madson, Inc. 2311 Wayzata Boulevard Mi nneapol i s,�1N 55405 August supervision - Municiapl Garage Addition $ 200.00 � . 22 ,.�.,.- �