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11/05/1979 - 5649��� 0 _ _ .: . �RiC��.�lf ���'�f ��UiVC t L .��/� REGULAR MEETING - PJOVEMBER 5, 1979 - 7:30 P. ���, M�P'�O TO: DEPARTMENT HEADS FOLLOtJI t�G ARE Tt-iE ��ACTI OP�!S �JEEDED" � PLEASE HAVE YOUR ANSWERS BAGK I N THC C I TY P'�ANAGER � S OFF I CE BY THE �'�EDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING� TliANI< YOU� �%�00. Ic�� PUBLIC NEARING, �CTOBER IS, 1979 Approved REGULAR MEETING, �CTOBER 22, 1979 Approved ADOPT I O�V OF AGErJDA : � ADD: Consideration of Reimbursement to Participants in the past �+lard E1 ecti on ' . 9 OPEN FORUM, VISITORS: CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES Mr. Sob Sci�roer - Approved using Christmas Tree in Eisenhower Square in conjunction with Sis.ter City Pragram. Also approved pu��chase of bulbs � o�D �us 1 r�ESS : � CONSIDERATION OF APPOINTMENT TO NUMAN RESOURCES �OMMISSION �TABLED �CTOBER 22, 1979?� � � � � �•� � � � � � 1 Tabled to next regular meeting � . ITY M�ANAG R ACTION NEEDED: Put on next regular agenda CITY MANAG FINANCE PUBLIC PUBLIC I PUBLIC WO OLD BUSI�dESS (CONTIPdUED) CONSIDERATION OF SECOND READING OF AN ORDINANCE * � aMENDING �HAPTER 11, SECTION 11�1� OF FRIDLEY �ITY CODE RELATING TO FEES ���ULTIPLE DWELLINGS)� . . . . . . � 2 Ordinance No. 704 Adopted ACTION NEEDED: Publish ordinance in next Fridley Sun . � . ACTION NEEDED: Send refunds to affected multiple dwelling�owners yEW BUSINESS: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE ESTABLISHING AN ENERGY �OMMISSION� � � � . � � � � � � . . � � . . . � . . , �. 3 — 3 A Approved on First Reading ACTION NEEDED: Put ordinance on next regular meeting for consideration of second reading. .. RECEIVING TNE PLANNING COMMISSION MINUTES OF OCTORER 24, 1979 , . . , , , , , , , , , , , , , , , , , , 1. Consideration of Lot Split Request, LS#79-04 by Edward T. Bauler, 1420 Rice Creek Rd . ............. 4A - 4B P.C. Recorrunendation: Denial of Request & 4Q - 4X Council Action Required: Consideration of recommendation Request denied by Council ACTION NEEDED: Inform applicant of Council denial .� 2. Consideration of Lot Split Request, LS#79-07 by Wallace L. Larson, 1482 Mississippi St .............. 4B - 4C P.C. Recommendation: Approval with stipulaton & 4Y - 4Z Council Action Required: Consideration of . recommendation � Approved with stipulations � ACTION NEEDED: Inform applicant of Council approval with stipu�ations 4-4Z � NEW BUSIP�ESS (CONTINUED) . � RECEIVING CATV COMMISSION �INUTES OF �CTOBER 11, 19'�9� . Received PUBLIC WORKS ACTION NEEDED: File minutes for future reference � POLICE DEPT I PUBLIC WOR � FINANCE 1 FINANCE RECEIVING POLICE �IVIL SERVICE �OMMISSION �INUTES oF OCTOBER 22, 1979 , , , , , , , , , , , , , � , , , Received ACTION NEEDED: Fi1e minutes for future reference .�-5H �' . • ,,. 6-6A RECEIVING PETITION N0, 13-1979 REQUESTiN� STOP $IGN ON TNE CORNERS OF S�UIRE DRIVE AND C�MELOT LANE� .��� % Petition received. Staff to prepare information and recomme�dations ACTION NEEDED: Prepare recommendations for City Council CONSIDERATION OF A.RESOLUTION RELATING TO �I,OOO,OOO INDUSTRIAL DEVELOPMENT REVENUE BONDS CMETRONIC, INC� • PROJECT), SERIES 1979; AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHATPER ��4� � � � . � � $ — S K Resolution No. 120-1979 adopted ACTION NEEDED: Inform Medtronic of Council authorization to issue bonds .� CONSIDERATION OF A RESOLUTION CALLING FOR PUBLIC i HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 474�01, �' SUBD� %B, REGARDING PROPOSED PROJECT FOR ISSUANCE OF ��QO,OOO INDUSTRIAL DEVELOPMENT REVENUE BOND TO�SIMER PUMP COMPANY � � � � � , � � � � � � � � � � � � � � � � Resolution No. 121-1979 adopted and public hearing set for December 3, 1979 ACTION NEEDFD: Make arrangements for public hearing • 9-9H • . ' ' ��`- -n � Mrr-r T t,�r P�$C�,_, Q�A ' PAG � � " PJEW BUSIPJESS (CO�dTIfVUED) � • � � _ . � . CONSIDERATION OF A RESOLUTION AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND EXECUTION OF THE GRANT • AGREEMENT - COMMUNITY CRIME PREVENTION PROJECT� ��. �� 10 — 10 A I Resolution No. 122-1979 adopted '', POLICE ACTION PdEEDED: Submit grant application after execution ; . . . � CONSIDERATION OF A RESOLUTION AUTHORIZING TRANSFERS FROM THE PUBLIC UTILITY FUND AND THE REVOLVING FUND TO WATER ��ORKS IMPROVEMENT BOND FUND, WATER REFUNDING� I BONDS OF 1975 FutvD, AND SPECIAL ASSESSMENTS REFUNDING BONDS OF 1964 , , , , , , , , , , , , , , , , , , , , , , 11 — 11 C Resolution No. 123-1979 adopted FINA�ICE ACTION NEEDED: Proceed as authorized � CONSIDERATION OF A RESOLUTION ADVERTISTNG FOR BIDS - APdIMAL �ONTROL � � � � � � � � . � � � � � . � � . � . 12 — 12 A Resolution No. 124-1979 adopted POLICE ACTION NEEDED: Proceed to advertise for bids .; . CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICA7IONS AND ESTIMATES OF THE COSTS THEREOF: • •STREET, WATER, SANITARY SEWER AND STORM SEWER IMPROVE- MENT PROJECT ��0, I9�O-1 �SIVER7S �AI�E) � � � � � � � � , 13 Resolution No. 125-1979 adopted . PUt3LIC WORK ACTION NEEDED: Proceed as authorized NEW BUSINESS (CONTINUED) . h � CONSIDERATION OF A RESOLUTION RECEIVING THE � � PRELIMINARY REPORT AND CALLING A PUBLIC HEARING • ON THE MATTER OF THE CONSTRUCTION OF CERTAIN • . IMPROVEMENTS: STREET, SEWER AND WATER IMPROVE- MENT PROJECT T'�0� I9�O-1 iSIVERTS LANE) ,,���.', ,. �14 — 14 A Resolution No. 126-1979 adopted - � PUBLIC WORKS ACTION NEEDED: Make arrangement for public hearing on November'19, 1979 PUBLIC WORK: CONSIDERATION OF A RESOLUTION APPROVING ALIGNMENT, � PROFILES, GRADES AND CROSS-SECTIONS FOR EAST RIVER ROAD, CHARLES STREET TO 64rH 6'JAY� � � . � � , � , � � � 15 Reso�ution �lo. 127-1979 adopted � ACTION NEEDED: Proceed as authorized � ESTIMATES, . , , . ., , , . . , , . . , e , , o , , , , . 16 — 16 A Approved - _FINANCE ACTION NEEDED: Pay estimates LICENSES, , , , , , , , , , , , , , , , , , , , , , , , 17 — 17 E Approved �� , FINANCE ACTION NEEDED: Issue licenses 0 �LAIMS� � � � � � . � � � � � � � . � � � . � � � � � � I$ Approved � � FINANCE ACTION NEEDED: Pay claims • - ADDED: CONSTDERATION OF REIMBURSEMENT 70 PARTICIPANTS IN �HE LASi WARD ELECTION: FINANCE Reimbursement approved in amount of $500 each for recount process. AD�O R ACTION NEEDFD: Reimb!�rse Ms. Tloses & Mr. Namernik $500 each �_�_ �:45 P.M. FRIDLEY CIiY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: �ovember 5, 1979 NAME ADDRESS ITEt4 NUME=R _______________________________________� __________________________________________�_____-=====q ( �._ , l_: � ` 281 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 15, 1979 The Public Hearing Meeting of the Fridley City Council was called to order at 7:35 p. m. by Mayor Nee. PLED6E OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: APPROVAL OF MINUTES: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette (arrived at 7:43 p.m.) None RfGULAR MEETING, SEPTEMBER 24, 1979 (TABLED OCTOBER 1, 1979)• MOTION by Councilwoman Moses to approve the minutes of September 24, 1979 as presented . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON REZONING REQUEST, ZOA #79-06, TO REZONE FROM C2S to M-1 rnn nnr,�rrn��..�-....� ..� _ MOTION by Councilwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the pualic hearing opened at 7:38 p.m. Mr. Qureshi, City Manager, stated the property involved in the rezoning is generally located at 1175 73-1/2 Avenue and involves Lots 7, 8 and 9 of Block 1, Central View Manor. He stated the property to the East of this parcel is zoned industrial so this would be contiguous to existing industrial property. Mr. Qureshi stated the purpose of the rezoning is for construction of an industrial building for double occupancy. Councilwoman Moses stated it is presently zoned for general shopping and asked if any existing use presently fits into that category. Mr. Qureshi stated the only use that is commercial in nature is the trailer sales.to the North and West of proposed property. He felt the rezoning is compatible with the surrounding area. At this time, 7:43 p.m., Counci]man Barnette arrived at the meeting. Councilwoman Moses asked the type of business and the amount of clientele they would anticipate. Mr. Gannucci, one of the petitioners, stated half of the building would be used for an electrical contracting business and the other half for a general construction business. He stated the only persons that would probably be in the building would be their own employees. He felt this business wouldn't have more than five employees at one time and London Construction would prob- ably have about the same amount of employees. No other persons in the audience spoke for or against this rezoning. �s2 PUBLIC HEARING MEETING OF OCTOBER 15 1979 Page 2 MOTION by Councilwoman Moses to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:44 p,m. PUBLIC HEARING ON UACATION RE UEST, SAV #79-04 BY ALLAN M. JOHNSON OF JIM MILLER REAL ESTATE 7751 EAST RIVER ROAD : MOTION by Councilwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing ope�ed at 7:45 p.m. Mr. Qureshi, City Manager, stated this request involves the relocation of an easement, which is presently located in the middle of the property. He stated the owner wishes to vacate this easement and provide an easement along the East side of the property. Mr. Qureshi pointed out, in conjunction with this vacation request, there is a request for a special use permit on which action was delayed, at the request of the petitioner, until they could possibly work out something with the neighborhood. Mr. Qureshi state the special use permit involved the installation of gas pumps to be used in conjunction with a convenience store. He stated this vacation request would be brought back the same time as the request for the special use permit, however, regardless of the outcome regarding the special use permit, he felt the easement should be relocated. Councilwoman Moses stated she felt this convenience store wouldn't fit in at this location. Mayor Nee stated the land is zoned properly for such a use, however, the special use permit was needed for the gas pumps. No persons in the audience spoke for or against this vacation request. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:50 p.m. PUBLIC HEARING (INFORMAL) FOR REVIEWING SPECIAL USE PERMIT SP �79-04 FOR ��� �.�� _ The informal public hearing was opened by the Council at 7:50 p.m. Mr. Qureshi, City Manager, stated the Council has approved a special use permit for this property, but didn't approve the variances requested and asked the petitioner to come back with a plan that would meet the requirements of the code. Mr. Qureshi stated the plan now proposed by Mr. Perrozzi does meet all the requirements of the zoning ordinance, except staff felt it appropriate to advise the neighborhood what type of house they are proposing. Mr. Qureshi stated notices were sent to all adjoining properties to make sure they are aware of what is proposed to be built on this property and if they had ar�y objections, they could voice them here this evening. Mr. Qureshi stated what is proposed is an "A" frame with two floors and a sizeable attic. Councilman Fitzpatriek asked if they would be usi.ng a pile driving technique, as previously discussed. Mr. Perrozzi stated they wouldn't be using this technique, however, there wouldn't be a basement. _ Councilwoman Moses asked how much taller this home would be from a normal two- story dwelling. Mr. Qureshi stated it would be about 8 feet, 9 inches higher. Councilman fitzpatrick stated he didn't believe the neighbors were aware of the details of the plan. Mr. Qureshi stated it was put in the notices that this was an unusual plan and was the reason they were notified because of this aspect, even though a public hearing isn't required. Councilman fitzpatrick stated he talked with some of the neighbors and they had other concerns about things such as drainage. He felt they were unaware of the peculiarities of the house plan. _i i � __, ! �83 PUBLIC HEARING MEETING OF OCTOBER 15, 1979 Page 3 Mr. Qureshi stated the purpose of this informal hearing was so they could review the plan. Mr. Herrick, City Attorney,.stated, basically, the question is if the house meets the code requirements, he was not certain Council had any authority to say the design has to be one way or another. He stated the purpose of the special use permit is to make sure it is built high enough to avoid flooding during high water and to avoid causing extraordinary problems to the surrounding a rea. Councilman Fitzpatrick stated he would agree, but the Council is in the position of having people review it and then telling them they really don't have any authority anyway. Mr. Herrick stated they are not asking anyone to review it as far as the architectural style. Mr. Qureshi stated they wanted to make the neighbors aware of the plan, as the plan-originally approved by Council was entirely different. Mr. Herrick asked if the house is higher than what the building code permits. Mr. Qureshi stated there was rio feet height requirements of this type. Mr. Roy Klingbeil, 8199 Riverview Terrace, stated he assumes they are proposing building this way because of high water and pointed out, in 1965, when the water was supposed to be the highest, it never came up to his home. He felt, if the house is built as proposed, it would depreciate the value of other people's property. He stated a remark was made to him that the reason the house is to be built this way was because if they didn't like it, it could be taken out. He stated he didn't feel the plan for the house fits in with the area. Mayor Nee pointed out that the City Attorney indicated that the City wouldn't have the authority to deny it based on the design. Mr. Roy Klingbeil stated the Council has the authority to protect the people's rights so that their property values aren't lowered. Councilman Fitzpatrick felt if this home is going to be much higher than rambler height, it would be somewhat of a problem, but they have been advised regarding their authority. No other persons in the audience spoke regarding the proposed house plans. MOTION by Courrcilman Fitzpatrick to close the informal hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the hearing closed at 8:05 p. m. PUBLIC HEARING ON COMPREHENSIVE DEVELOPMENT PLAN: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:08 p.m. Mr. Boardman, City Planner, stated this Comprehensive Development Plan has gone through an extensive public process through the Planning Commission and its member Commissions. He stated different sect,ions of the plan were re- viewed by the different co�nissions, and the Planning Commission has reviewed all the sections. Mr. Boardman stated the document is divided into seven different sections, as foTlows: Land use; Environmental Resources; Critical Area; Housing; Parks and Open Space; Transportation and Water, Sewer and Solid Waste. He stated it is split up in these particular sections primarily because of the require- ments of the Metropolitan Council. Mr. Boardman stated, in 1976, the Legislature passed the Metropolitan Land Planning Act which requires communities, schools and other public agencies to do mandatory pub�lic planning. He stated the Metropolitan Council has the responsibility to review these plans and approve or make recommendations ���� PUBLIC HEARING MEETING OF OCTOBER 15, 1979 Page 4 regarding the plan so changes they feel are necessary for regional develop- ment can be made. He stated the City must have some comprehensive planning completed and the capital improvements and implementation strategies approved by December 31, 1979. Ne stated the City is trying to meet the desired goals to accomplish the comprehensive planning process by the end of this year. He stated it is necessary to hold public hearings before the Planning Com- mission and the City Council regarding this Comprehensive Plan. He stated, once the plan is approved by the Council, it has to be submitted to neigh- boring conununities for their comnents to be forwarded to the Metropolitan Council. He stated the Metropolitan Council also reviews the plan regarding i regional policies. � Mr. Boardman briefly summarized the direction of the Comprehensive Plan as it relates to the key issues of land use, environmental resources, housing, parks and recreation and transportation. Mayor Nee stated he had a lot of comments regarding this plan and felt it should be discussed at a conference meeting. Mr. Herrick, City Attorney, stated he hasn't seen the plan, and if it in- volves enforcement or interpretation, he indicated he would like to review i t. Councilman Schneider stated, in the Housing Section where reference is made to 2,300 additional housing units, he asked if they could obtain the correct figure. • Mr. Boardman stated the figure has changed somewhat, but the policies haven't changed that much and this can be discussed at the conference meeting. Mr. Qureshi stated that notice was given that this was a public hearing on the Comprehensive Plan. MOTION by Councilman fitzpatrick to close the public hearing. Seconded by Councilman Schneider. � Councilman Schneider stated all Commissions have done a cormnendable job in bringing the plan to this present form. He stated the planning staff and the Corrnnission have put a lot of work into this Comprehensive Plan. Councilman Fitzpatrick stated he concurred with Councilman Schneider's comments and felt the staff and Corarnissions deserve a lot of credit. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mayor Nee felt something shauld be done to make this document available to the public. Mr. Boardman stated it is auail- able at the library and City Hall. Mayor Nee stated if the City receives a similar document from other surrounding cities, it doesn't realty state what is proposed. Mr. Boardman stated the actual proposals would be in the capital improvements and implementation document. Councilman Schneider questioned if staff had any idea of the cost to prepare this plan. Mr. Boardman stated the total cost was about$32,000, with $22,000 being paid by the Metropolitan Council. Mr. Herrick asked if the plan was submitted to the Chamber of Commerce and other local civic groups. Mr. Boardman stated he has met with several groups and reviewed the plan. Mr. Qureshi suggested further discussion of the plan at a conference meeting � and then determine how the Council wishes to proceed. i OLD BUSINESS: CONSIDERATION OF A REQUEST FOR BUILDING A STEEL BUILDING GARAGE fOR AN EXIST- ING HOUSE AT 7748 ELM STREET IN A NON-CONFORMING INDUSTFIAL AREA TABLED 10/1/79): Mr. Qureshi, City Manager, stated this is a request from Mr. Anderson to build a steel garage at 7748 Elm Street. He stated staff's concern was that the garage would be an extension of a non-conforming use and a step further away from the policy the City has maintained regarding non-conforming uses. 285 PUBLIC HEARIN6 MEETING OF OCTOBER 15, 1979 Page 5 Counciiwoman �oses stated she has 7ooked at the site and the garage is pro- posed to be three feet from the building. She stated she understands that Mr. An�erson wants the garage to store his vehicles. She felt industrial development has to conform to a certain design, and �looking at this particular lot, putting in the garage wou7d not make the appearance better in terms of an industria7 area. Mr. Anderson stated he has been trying to sell the property, but needs the garage to work on h�s vehicies. He requested at ]east a temporary permit, siace the bui7din� he proposes to put up could be taken down at some future j date. l ' Mr. Herrick, �ity Attorney, stated he would be of the opinion that the Counci7 wou7d not have #i�e autf�ority to a]7ow the owner to construct or enlarge the resideni9a7 struct�re on the premises and that would include building a garage for residentia3 ��ar�oses. He stated, however, if this building is to be used for industria7 ���oses and meets the requirements of the zoning code for use as an industria7 {�ur{�ose, then he wouid say the Council would have the author- ity to permit tt�e canstruction of this steel garage, provided the necessary variances are �biained and a case can be made that there is a hardship that would er3title him tfl t#�e variances. Mayor Ne� questaara�d what variances wfluld be needed in order to permit him to construct the garage. Mr. Qureshi stated a 20 foot setback from the property line is required, tt�erQ�ore, a variance would be needed for this requirement. Counci7mar� 8arneiie -Felt, based on the City Attorney's opinion, that the garage could be permitted if �t was used for industrial purposes and suggested, if the 30 x 32 foat siae] garage was built, it should be with the stipulation that t#�e garage wou7d be removed upon sale of the property and that the pro- perty not be soirl f�r residential hab�tation with the garage on the property. Councilman Barn�t#e stated he didn't think Mr. Anderson would sell the property for res�dential Lse. Mr. Anderson stated he wouldn't because the house isn't worth anything. Mr. Herr9ck, City .Att�rney, stated he would have some question if Councilman Barneti�'s suggest�on, regarding the stipulation, was enforceable since he was say9ng tf�e p�p�rty cau7d be sold for residentia7 purposes, providing the garage was taken �aro�m. Counci7man Sar��tt� statezl what Mr. Anderson is requesting now is a temporary us� of t��s prDparty tD get a garage up io maintain fiis equipment. Mr. Anrlersfln stattd it has �ome to a point where he has to have someplace to work on #�is vehic7es siur�ng the winter. Ne stated he would be agreeable to Counci7man Bar�ett�'s suggestion to take the garage down. Mr. Herrick felt CDUnci7man Barnette's suggestion is probably a good comp�omise, however, if Cauncil takes action it should be done in terms of a stipulation and sfiould be filed in the abstract so persons are aware the garage is a temp- orary structure and it has to be removed if the property is sold. He felt there should also be some limitation on the number of years the garage could be there so it is not permitted beyond a certain time, even if the property isn't sold. Mr. Quresfii felt tfiere should be an efifort to clean up the front yard of the {�roperty and provide some screening. Councilwoman Mos�s stated, in other industrial areas, they are required to fence and screen the equipment and stated this property would look a lot better, if this was done. Mr. Qureshi fe7t t3�� question is if they should proceed with a variance. Mr. Nerr�tk stat�d if the permit is to be gi�ren for the garage, he would have to obtain the requ-ired variances. Mr. Nee staied, 3f i�unc97man Barnette makes a motion, in line witF� his sug- gestion, and it 3s adopted by Counci7, it would also intend to grant the vari- ance so questi�ned if they cou7d expedite the variance procedure. 2�n � PUBLIC HEaRING MEETING OF OCTOBER 15 1979 Page 6 Mr. Boardman asked Mr. Anderson if there was any way he could build the garage on the property so a variance wouldn't be required. Mr. Anderson stated he would be driving across someone else's property, if it was put in another way. Councilwoman Moses felt they would be expanding a non-conforming use and indicated she was not in favor of it. Mr. Anderson stated he would never have rezoned the pro�erty, if he knew he couldn't have a garage. He stated he rezoned it for the benefit of the City in order to provide more industrial land. He stated he could go to the neighboring property owner and get their approval to put the garage within five feet of the property line. Mayor Nee felt there were two questions involved, the first ane is whether or not Councilman Barnette's suggestion in the form of a motion would be approved; and if it carries, there is the question of the variance. Mr. Boardman stated P1r. Anderson does have enough land so he could construct the garage, without the need of a variance. Mr. Anderson stated, if this was done, he would have to make a turn and go over his grass. Councilman Barnette stated, if the garage'could be located so as to avoid the need for a variance, it would save considerable time. Mr. Qureshi stated Council could make a motion gi��ing him authority to proceed, if the variance is not required. MOTION by Councilman Barnette to approve the request by Mr. Anderson to build a 30 x 32 foot steel prefabricated garage on this non-conforming use praperty, with the stipulation that the garage be removed upon the sale of the property, or 10 years from this date, whichever comes first, and that the property not be sold for residential habitation, with the garage on the property. Seconded by Councilman Fitzpatrick. l Mr. Herrick, City Attorney, stated if the motion passes, he would like staff � to have the authority to prepare the substance of the motion into a viable agreement. Councilwoman Moses stated she is sympathetic to Mr. Anderson's need for a gar- age, but felt the whole area should be cleaned up. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Barnette, Councilman I Fitzpatrick, Councilman Schneider and Mayor Nee voted in favor. Councilwoman Mases voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINAfJCE TO REZONE fROM C-2S �40TION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C4AIMS: MOTION by Councilwoman Moses to authorize payment of Claims No. 275A30 through 285635. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. ADJOUR�Jh1ENT: MOTION by Councilman Barnette to adjourn the meeting, Seconded by Councilman — Schneider. Upon a voice vote, all votiny aye, Nlayor Nee declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council of October 15, 1979 adjourned at 9:20 p.m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 22, 1979 0 � THE MINUT[S OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 22, 1979 The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE Of ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 1, 1979: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Moses to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor �Jee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under 1:his item of business. OLD BUSINESS: i CONSIDERATION OF A REQUEST fOR A SPECIAL USE PERMIT, SP #79-11 TO ALLOW �. INSTALLATION OF SELF-SERVICE GAS PUMPS IN CONJUNCTION WITH NEW CONVENIENCE Mayor Nee stated the Council has a letter from the petitioner requesting this item be tabled until further notice. MOTION by Councilman Fitzpatrick to table this item until further notice from the petitioner. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee dec7ared the motion carried unanimously. INANCE N0. 703 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA � 287 MOTION by Councilman Schneider to waive the second reading of Ordinance No. 703 and adopt it on the second reading and publish. Seconded by Council- man Sarnette. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATIOPJ OF FIRST READING OF AN ORDINANCE ON VACA7ION REQUEST, SAV` #79-04, BY ALLEN M. JOHNSOtJ Of JIP4 MILLER REAL ESTATE, 7751 E�1ST RIVER ROAD: Mr. Qureshi, City Manager, stated, at present, there is an easement which divides the parcels of property. He suggested first reading be given on this ordinance and to hcld the second reading, in abeyance, until the total development plan is received for this property. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordi- nance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� � REGULAR MEETING OF OCTOBER 22, 1979 PAGE 2 CONSIDERATION Of FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.10, OF FRIDLEY CITY CODE RELATING TO FEES P1ULTIPLE DWELLINGS : Mr. Brunsell, City Clerk, stated this ordinance would reduce the license fee for single rental units from $20 to $10 per year. He stated, at the present time, single rental units pay a higher per unit license fee. He stated he felt the present fee could be justified on a cost basis, but it puts single units at a disadvantage when compared with other units. Councilman Schneider questioned if the fee was reduced, how it would be handled for persons who have paid for this year. Mr. Brunsell stated the $10 could be refunded, if the Council desired and if it meets the approval of the City Attorney. Mr. Herrick, City Attorney, suggested the persons who paid the $20 fee could be notified and advised they would be paid for two years, instead of the one year, and therefore, there wouldn't be a fee charged next year. P1ayor Nee felt they should be advised also that the action was taken in response to their protest. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilmarr Fitzpatrick. Councilwoman Moses asked if the fee was set up on the basis of what it costs the City to administer this program. Mr. Brunsell stated the number of units they are talking about, in relation to all renta� units in the City, he didn't feel was significant enough to make that much �ifference. Councilwoman Moses asked if the fee for rental units included single family homes. Mr. Brunsell stated the ordinance refers to rental units so, technically, a single family home that is rented would come under this ordinance. ' _ I Councilwoman Mdses stated she didn't realize the City was collecting so many fees until she saw the list. Councilman Fitzpatrick stated many of the objections are coming from people who are renting out both sides of a duplex. Councilman Schneider stated the primary objection he heard was from those who are renting one unit and living in the other, as they felt they have more control over the property when they are living on the premises. Mr. Herrick stated, in the case where the owner is living in one unit and renting the other, there is only one unit to inspect so it would justify'i a somewhat lower fee. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. �4r. Brunsell stated, when the ordinance is adopted, he would prefer to re- fund the extra $10 in order to keep the records straight, rather than credit this amount toward next year's fee. Mayor Nee felt Council action or how this should be handled would be appro- priate at the time of the second reading of the ordinance. RECEIUING THE PLANNING COMMISSION h1INUTES OF SEPTEMBER 26, 1979: i 1. CONSIDERATION OF LOT SPLIT REQUEST LS �79-05, UAN CLEAVE'S ADDITION ALREADY SPLIT BY COUNTY, NEVER APPROVED BY CITY. PURPOSE: TO PiAKE SURE COUNTY AND CITY RECORDS AGREE 6Y CITY OF FRIDLEY: � Councilman Schneider stated there was reference in the Planning Commission minutes that this land isn't owned by anyone. �.__; � � ,. REGULAR MEETING OF OCTOBER 22, 1979 PAGE 3 �gg Mr. Brunsell, City Clerk, stated it is part of the Van Cleave estate which is going tax forfeit. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and approve LS #79-05. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. CONSIDERATION OF LOT SPLIT REQUEST, LS #79-06, TO MAKE TWO R-1 BUILDING SITES, BY EXEMPLAR, INC. AT 7562 AND 7584 ABLE STREET: Mr. Qureshi, City Manager, stated lots platted in this particular addition were particularly large and the property owner wishes to split his lot into two lots to make two R-1 building sites for the construction of two single family homes. Mr. Qureshi stated, if the lot is split, it creates two substandard lots and a variance is required as the lots would not meet the 9,000 square feet requirement for a residential lot. Mr. Qureshi stated the Appeals Commission has considered this variance request and has recommended approval, and the Planning Commission recommended approval of the lot split. Mr. Qureshi stated the property owner's original proposal was to construct a double bungalow in the R-1 zoning, which was opposed by the neighborhood. Mr. Qureshi did point out, if the lot split is approved, it would be the first time in the Melody P�1anor general area where a lot has been split to a smaller size. He pointed out the lots in the area are large and other persons could possibly request lot splits, in order to develop lots in the back of their property. Mr. Qureshi stated what he wanted to point out is they may be setting a precedent, by granting a lot split for this area, and there may be other such requests, and a consideration is where the limit would be set on the square footage of the lot. He felt, therefore, this item should be re- viewed thoroughly on whether this trend should be allowed. Mr. Holsten, owner of the property, stated the lot has features which make it an expensive lot to develop. He explained the lot is low and has several feet of peat and there will be considerable expense in getting the lot ready for construction. He felt an expensive home on the lot wouldn't match the area. Gouncilman Barnette stated he knows this is a substandard lot and someone once bought it on speculation and had to let it go tax forfeit because of the cost involved to make it developable. Councilwoman Moses stated she felt Mr. Holsten would have a great deal of expense involved in making the lot developabie because of the peat and the necessary fill and if only one dwelling was constructed, it would make the cost of the home very expensive. She questioned the cost for the home, if only one dwelling unit was constructed on the lot. Mr. Ho]sten stated he didn't think it would be feasible to develop it for one dwelling, as he wouldn't be able to get out his investment from the property. He stated the homes he is proposing for the lot would sell be- tween $55,000 to $60,000. Councilwoman Moses stated she was concerned since Mr. Holsten hadn't talked with the neighbors about his plans. Mr. Holsten stated the neighboring property owners were notified of the public hearing and pointed out that the property owner to the South is in the process of selling his home. He stated he would meet all the setback requirements. Mr. Herrick, City Attorney,'indicated that'the next agenda item before the Council is consideration of the variances for this property and assumes notices were sent to the surrounding property owners and they apparently didn't appeal before the Appeals Commission. ��o REGULAR PIEETI NG OF OCTOBER 22 , 197_9_ PAGE 4 Councilman Fitzpatrick stated he was supportive of any effort to provide mod- erate or low cost housing, but failed to see the hardship in this case. Mr. Holsten felt they do have to remove quite a bit of peat and add fill in order to develop the lot. He also added they would probably need extra courses of block for the foundations. Councilwoman Moses felt Fridley needs more low and moderate income housing and land to develop such housing, and felt possibly this lot might never be developed for a single family home because of the costs to make it a buildable site. She felt the lot was unique in this respect and also that this is an established area of smaller homes which would probably not be conducive to an expensive home on one lot and, therefore, moved the following: MOTION by Councilwoman Moses to concur with the recommendation of the Planning Corrmission and grant Lot Split Request, LS #79-06, as requested by Exemplar, Inc. Seconded by Councilman Barnette. Upon a voice vote, a1T voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commis- sion Meeting of September 26, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider questioned the status regarding arr Energy Commission. Mr. Qureshi, City Manager, stated possibly the scope of an existing Commission could be broadened to cover the energy question. Mayor Nee suggested the report regarding the Energy Policy be discussed at a Council Conference Meeting. RECEIVING THE APPEALS COMMISSION MINUTES OF OCTOBER 9, 1979: 1. CONSIDERATION OF VARTANCE REQUEST TO MAKE TWO BUILDING SITES, BY EXEMPLAR, INC. AND 7584 ABLE STREET N. E.: MOTION by Councilwoman Moses to concur with the recommendation of the Appeals Commission and grant the variances to reduce the square footage requirement for lot size from the required 9,000 square feet to approximately 7,520 square feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Appeals Commission Meeting of October 9, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVIN6 THE PLANNING COMMISSION MINUTES OF OCTOBER 3, 1979: MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of October 3, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE CHARTER COMMISSION MINUTES OF SEPTEMBER 4, 1979: MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission i Meeting of September 4, 1979. Seconded by Councilman Schneider. Upon a voice vote, � all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT 6ETWEEN THE CITY OF FRIDLEY AND ANQKA COUNTY FOR TRAFFIC ; SIGNAL AT 79TH WAY ON EAST RIVER ROAD: ; Mr. Qureshi, City Manager, stated the Council had adopted Resolution #128-1978 re- ? questing a signal at this intersection and the County has responded with a tempo - , rary.signal. He stated it is hoped that eventually there will be permanent signali- zation and intersection modification at this location, however, it is requested, at this time, that the Ciiy participate by providing power for the temporary signal ' which will be installed by the County. MOTI�N by Councilman Fitzpatrick to approve the agreement between the City and Anoka County for a temporary traffic signal at 79th Way on East River Road. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLU7ION N0. 116-1979 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 900, LOTS 20-30, BLOCK 3, ONAWAY ADDITION: MOTTON by Councilman Barnette to adopt Resolution No. 116-1979. 291 REGULAR MEETING Of OCTOBER 22, 1979 Page 5 Seconded by Counci�woman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 117-1979 AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMEPITS ON LOTS 4, 5 and 6, BLOCK i, CENTRAL VIEW MANOR ADDITION: MOTION by Councilman Barnette to adopt Resolution No. 117-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 118-1979 AUTHORIZING AND OIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 415, AUDITOR S SUBDIVISION N0. 89: MOTION by Councilman Schneider to adopt Resolution No. 118-1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT: HUMAN RESOURCES COMMISSION: Councilman Fitzpatrick suggested possibly the Council consider the appoint- ment to this vacancy on the Cormnission be made for a full term rather than for two months, since they would be making appointments to the Commissions in January of 1980. MOTION by Councilwoman Moses to table this item to the next regular meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RENEWAL OF HOUSE TRAILER LICENSE FOR ISLANDS OF PEACE BY ED WILMES 200 CHARLES STREET : MOTION by Councilman Fitzpatrick to approve the renewal of the house trailer license for Islands of Peace and waive the fee. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion ; carried unanimously. I I . __ LICEWSES: , , ' 4AOTION by Councilman Schneide� 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 �Jee declared the motion carried unanimously. CLAIMS: F10TION by Councilwoman Moses to authorize payment of Claims No. 288E12 - 292F01. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting . aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilwoman Moses to approve the estimates as submitted: N.D.H. Asphalt, Inc. 5400 industry Avenue Anoka, MN 55303 Partial Estimate #3 - Street Projects St. 1979-1 & 1979-2 $111,413.31 � ' Suburban Engineering, Inc. 6875 Highway No. 65 Fridley, MN 55432 Engineering services for S& W Project �127 $ 12,497.87 E.D.S. Construction Company 360 Larpenteur Avenue West St. Paul, MN Partial Estimate #6 - Municipal Garage Addition $ 2,149.20 ?�� REGULAR MEETING OF OCTOBER 22, 1979 PA6E 6 ESTIMATES: (cont.) Kenko, Inc. 8275 Central Avenue W.E. Spring Lake, Park, MN 55432 Partial Estimate #2 - Project #127, Paco Industrial Park � 60,362.30 � Comstock & Davis, Inc. l 1446 County Road J ( Minneapolis, MN 55432 � Inspection Services - Great No. Industrial Center, Project 128 $ 183.07 Smith, Juster, Feikema, Malmon & Haskvitz, Attorneys at Law 1250 Builders Exchange Bldg. Minneapolis, MN 55402 For services rendered as City Prosecutor for September 1979 $ 2,140.00 Ta11e, Herrick & Munns 6279 University Avenue N.E. Fridley, MN 55432 � For services rendered as City Attorney for September, 1979 $ 2,305.00 The motion was 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 meeting. Seconded 'uy Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousty and the Regular Meeting of the Fridley City Council of October 22, 1979 adjourned at 8:25 p.m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Approved a FQR CONCURRENCE BY THE CITY COUNC.� _ COI��1(��I SS I0f'J APPOI NTf�IE�JT Nave��ber 5, 1979 Ht1MAP1 RESOURCES COi�1MISSION APPOINTEE � TERT1 EXPIRES 4-i-1980 RESIGNED MEMBER Pfary Martin 1034 North Circl� Fridley, MPd 55432 (H.784-2421) �1 ORDINANCE N0. AN ORDINANCE AMENDIPdG CHAPTER 11, SECTION 11.10, OF FRIDLEY CITY CODE RELATING TO FEES (MULTIPLE DWELLINGS) The Council of the City of Fridley does ordain as follows: CNAPTER il, SECTION 11.10 FEES Chapter 11 of the City Code shali be amended by adding the following: Gode # Subject 220.111 Multiple Dweliings Fee a} single rental unit $10. b) two rental units �20. c) $30 minimum per building with 3 to 7 units �} �40 per building with 8 to 12 units per building e) $40 per building with over 12 units plus $1.50 per unit for every unit over 12 The fee schedule applies to individual apartment buildings regardless of the number of , buildings in the apartment complex. PASSED AND /�O�PTED BY THE CITY COUNCIL Of� TNE CITY OF FRIDLEY THIS OAY OF A7TEST: C TY LERK - MAR IN . BRUN ELL First Reading: Second Reading: Publish........ October 22, 197� LLIA o NEE - MAYOR z ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE PERTAINING TO CERTAIN COMMISSIONS FOR THE CITY OF (=RIOLEY TO ESTABLISH AN ENERGY COMMISSION. Chapter 6 is hereby amended to read as follows: SECTION 6.01 PLANNING COMMISSION 6.014 Membership Planning Commission The Planning Commission shall consist of the Planning Commission Chairman, the Chairman of the Community Development Commission, the Chairman of the Parks and Recreation Commission, the Chairman of the Appeals Commission, the Chairman of the Environmental Quality Commission, the Chairman of the Human Resources Commission and the Chairman of the Energy Commission. The Chairman of the Planning Commission shall be appointed by the City Council to serve for a three year term as a voting member of the Commission. The Planning Commission members serve as Chairman of the member ,commissions and are appointed according to provisions outlined in the Ordinance establishing each of the member commissions. The Planning Comrnission chose a Vice-Chairman. the regular Chairman is act in his place. SECTION 6.02 COMMISSI�NS CREATED shal l each S�ear, from thei r own numbers, At any meeting of the Plannin� Commission if unable to attend, the Vice-Chairman shall There is hereby created the following additional Commissions.for the City of Fr�d�ey. These Commissions shal7 be known as: Parks and Recreation Commission Environmental Qua�ity Commission Human Resources Commission Appeals Commission Community Development Commission Energy Commission � 3 Page 2 -- ORDINANCE N0. . SECTION 6.16 ENERGY COMMISSIO(V 6.161 Purpose The Energy Commission is established to stimulate interest in and to promote an a�aareness of energy cancerns among citizens and businesses of the City of Fridley; to serve as a resource to the City in the conservation and management of energy and energy resources, and to advise the City Council, the City Manager and other appropriate City Cornmissions on mattsrs pertaining to the conservation and management of energy, includin� the review and recommendation of programs and policies within the City. 6.162 Scope The Energy Comrnissian shall act as an Advisory Commission to the Planning Commission for continuous community planning and development of the comprehensive City Goals and Policies. Any cha.nge in related community planning and comprehensive City Goals and Policies rr�ust be reviewed by the Planning Commission wno vrill then make recommendat�ons to the C�ty Council. � The Enerqy Commission shall advise the City Council, after policy review by the Planning Commission, in the development of programs tc, give increasPd effectiveness and direction in impiementing - established City Goals, Policies and frame�vork and recommend actions as needed relevant to ihe conservation and management of energy resources. `�` SECTION �,1,1� 6.17 Repe�l ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. WILLIAM J. NEE - MAYOR ATi�EST : CITY CLERK - MARVIN C. BRUNSELL First Reading: Second Read i iig : Publish . 3A .�i. �-, .,, ., � CITX Ol�' FRIDLEY � , PLANNING COMMISSION M�ETING, OCTOBrR 24, 1979 Ct1LL TO ORDER : ..:� .�• . , Co-chairperson Schnabel called the meeting of the October 24, 1979, Planning Commission meeting to order at 8:32 P.M. ROLL CALL: Members Present: Ms. Modig, Ms. Hughes, Mr. Treuenfels, Ms. Schnabel, Mr. Hora, Mr. Haxris (arrived at 8:35 P.M.) Members Absent : None _ -- ' . ' . ` - . - �' ,; `. . �'. Othexs Present: Jerry Boardman, City Plannex, Bill Deblon, Associate City Planner APPROVE PLANNING COMMISSION MINUTES: SEPTFMBER 26, 1979: MOTION by �1s. Hughes, seconded by Mr. Treuenfels to approve the September 26, 1979, minutes of the Planning Commission as written. UPON A VOICE VQTE, ALL VOTII�?G AYE, CQ�CHAIRPERSOh SCIiNABEL l?ECLARED THE MOTION CAR1tIED ilNE1NIM0USLY . . APPROVE PLANNING COMMISSION MINUTES: OC�`OBER 3, 1979: MOTION Uy Ms: SchnaUel, seconded by Mi. Treuenfels to apprave the October 3, 1979 mi.nutes of the Planning Commission as corrected: 4 Page 2, the second to last paxagraph shoud xead; '�Is. Gabel asked if the neighbor ..." Ms. Schnabel taas not present at L-he September 26th and October 3rd meetings, and questioned the use of Spe:.ial Use Permits taking caxe of vari.ances in the CenL-er City Project as noted on page 3 of the October 3rd meeting. She felt this statement contradicted what the Boaxd was ciiscussing at the previous meeting on pages 6 and 7, where they were concerned about Special Use Pei-mits being used instead of variances. Mr. Boardman said Special Use Permits are set up now not to handle vaxiances because one requires a public hearing and one does not. He was loolcing at the Center City Pxoject to be an overlay district and thexe �aould be special conditions �or building in that district. One of the special conditions would be that all building permits would require a Special Ilse Permit. The permits �aould cover any variances from the code, i.e., setbacics. The project would be handled by development xather than the xegular code requiring a 35 fo�t setback. The Special Use Permit process would have to follow the vaxiance process. Ma-. Herricic has a copy of the �verlay district and Planning Cormnission has not reviewed it yet. They will be reviewing the ovexlay district and zoning code modification after Mr. Herricic has looked at it. � Mso Schnabel said she would �.ilce to have time to look over this and see i.f she thouglit it- was A '�ood idea. � ' 4A PLANNING COP4MT.SS70N M}�ETING, OCiOP,�R 24, 1979 ' PAGI; 2 Mr. Boardman said �_deLiniLel.y thc Planning Commission would be �oing over the use of Special Use Permits in the Center Ci.t-y Project. " UPON A VOICE VOTE, ALL VOTING tiYE, CHATRI�IAN �1AR]tIS U�CLARED TtiE MOTION CAR1tI�D • UNANIMOUSLY. • I. CONTI_NUFD: L�T SPLIT RP'.QU�ST L S. ��79-04, EDWARD T. BAULER• Split off the West- erly 60 feet of Lot 14, A.S. ��22, except the Southerly 390 feet, also Lot 30, Block 2, Irvington Addition, ancl adjoinin� vacated streets and alleys in Irvington Addition, to be sold as open space for an adjoining property, the same being 1420 Rice Creek Road N.E. Mr. Boardman reminded the commission that at the last meeting they had continued this request so Mr. Bauler could look into another lot spli� and possible lease agreement with his neighbor. Mr. Bauler came forward and said he would like to stick to his original request for a" Iot split. He said he l:ad been told when lie broug'�t it in, it would not be approved. Mr. Boardman said he told Mr. Bauler when he bxought in his re4uest he would xecommend denial of the lot split. Mr. Haxris said the commission would make a xecommendation. to the City Council and he could ask the City Council for approval. , Mr. Bauler could see no point in that and felt his only alternative was to sell all his land and move out of Fridley. w Mr. Baulex left the meeting at that poir�t, Mr. Iiarris said the co�nission had studied the entire area carefully and laad come up with an�alternative suggestion for 3�ir. Bauler. He chose to stick with his original lot spli� request and that xequest does not meeting zoning requirements. M�fiION by :1s. Hughes, seconded by Mr. Treuenfels to xecomm�nd to City Cour.�il denial of L.S. ��79-04, for the followi�g reasons: 1. Lot split does not maet zoning code requirements for minimum lot wi3th. (lot size would be 60 x 293.2 feet) � _, 2. Any futux�,lot split of this�nesa lot w�uld crea�.:2 substandard.�,ot;s. (GO x 146.6 feet). This would ouZy add to �utux�e pioblems in this area, 3. By allowing such a lot, the commission would be saying the lc;.s are build- able, which was not true. Ms. Schnabel said she ielt bad she wes not at the last 2 meetings when this request was discussed. She had studiccl the mii�utes and felt the motion was proper. Approval of the request would be creatin� a substandard lot and this ��ould not Ue in the best interest �� the city. M�'. 13arris pointed out tlie c�nu�iission liad come up witli a better plan by splittin� off the ;' tront sectic��z oi his 'land on l:icc Creelc r.o�1a. 7:lint would still leave all the land Around ; iZ; t PI.hNNING COt4MISS70N MJ;�T7NG OCTOPL;R 24 i.979 PAGF. 3 the house and to the rear. An access easemenC would have t�cen provicied for Mr. Bauler. This land would be more valuable to Mr. P,auler for resale and thaC was his main xeason for the Iot split request. , . . .... . . Ms. liughes also felt Mr. Bauler was not receptive to any new proposal as this was his � third time here and he had the same conunents each time. She felt the commission had really tried to work witl� him. She stated she felt sorry they were not able to con- vince him of the alternative solution. She underseood wtiy he might not want to use their solution, because a house could be built close to his, She wished they had been able to explore the possibility of splitting the rear 1Dt and leasing that land to his neighbor. She stated that Mr. Boardman said the Cit-y would not have done that becnuse a rear lot split would have created a diagonal line and they do not do lot splits witY� a lot of description. Mr. Boardman said they do not necessarily not do them•but a split like that would have to go through the plat process. . Ms. Modig asked if he could use an alternative loi: split proposal at a later date if he desired. Mx. Iiarris said yes o UPON A VOICE VOTE, ALL VQTII�TG AYE, CHAIItMADT IiAItitIS DECLARED TfiE MOTION CARRIED UNANIMOUSLY. Chairman Harris asked to have Mr. Bauler notified of �he commission`s recommendation. Iie also asiced that City Council get a11 the information Gnd discussions on tl:i.s request as one package. 2. LOT_ SPLIT P.�t�UFST _ T�.S. �E79-C7,_ WALI�CE L. LARSON: Spl.i.t off the Northerly 115.7a �eet ot Lot 1, Block 1, Spring Va11ey Addition, the same being 1482 I�lississippi � Street N.E., to cxeate a new building site 80' X125' (10,000 square ieet). Mr. Boardman said this lot split was in a.n area in the Compxehensive Plan called under- u�ilized land. The lot had previous�y been split of€ on the southerly end to create a 130 x 1`L5 foot lot. On the south end of tY:at lo� the ciL-y has a 25 foot rode right- of-caay. The l�ts in this area are all quite deep and L-he city was looking at placing a road along the southerly end and developing the area. He felt this lot split would fit in witl� the area. �. Mx. Harris questioned easemenrs. Mr. Boardman replied the necessary easentents to sexvice the back lots would be required. Tliere would be approximately a 5 iaot easement around the lot. Mr. Harris asl:ed the petitioner for comments and if he understood the easement requirement. Mr. Wally Larson, 1482 Mississippi Street, stated he had no additional comments and ttiaC he understood about the easements, Mr. }3oarclm �n . xioted the curb that runs down Tiississi.ppi Street along Mr. Larson's pzoperL-y was 1,3 iect on his land. Some tyge of agreement xegardi�ig that should be worlced out. , � pI.ANNING CUMMISSION M1:rTING, OCTOI3rR_ 2�f, 1979 _________ PAGE 4 Mr. L�irson xeplied he was sure some type ot agreement could be worked out between him and Lhe city. MOTION by Ms. liughes, se�onded by Ms. Modig to recommend to the Ci�y Council approval of L.S. �k79-07, with the following stipulation: 1. Woxk out the requixed easements needed for the ]:ot. 4C Mr. Txeuenfels questioned if the curb problem should be stipulated also. Mr. Harris said the City Council could handle that after staff has gotten all the iniormation together. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN A1�RRIS DECLARED THE Pi0TI0N CARRIED UNANIMOUSLX. Mi. g.arris informed Mr. Larson this goes before the City Council on November 5, 1979. 3. PUBLIC �IEAP.ING: REVTEW OF THE MISSISSTPPI RIVER COr.RIDOR CRITICAL AIZEAS PLAN lOR THE CITY OF FRIDLEY: . MOTION by Ms. Schn�bel, seconded by Mr. Iiora to open the public hearing. UPON A VOICE VOTE, ALL V�TING AYE? CHAIRME`�N IiAIt1tIS DECLAR.ED TiiE MOTION CARRIED UNANIMOI7SLY . PUBLIC HEARING OPENED AT 8:02 P.M. Mr. Board:-nan er.pl.aine�i that the Critical Area Plan was part of the Comprehensive Plan and had been pulled out to allo;a review by the various local and state boards. Hs said the fixst 20 pages of i.he Critical Area Plan ��'�ze the same as in the Comprehensive Plan. The policys 'and recommendations have alxeady been approved with the approval of the Comprehensive PZan by the Planning Commi_s5ion. S�rom p�ge 21 on there was a brea.kdown of p�ojects and implementations of the Critical Area Plan. The (:ritical Area regulations axe found in this segment also. Mr. Boardman statec the plan was an overlay distxict, in S+7I11Cl2 changes �will be included in the mociifications__of _the .City_ Code, Chapter 205. The �ietx� Gc�unci�l fi_as:_ revie�aed tlie plan very infc�rmalli�� A copy� of tlieix eouvnents. �aere made �avai.�ab,�e to each. Commis�a.an member, MxS BGa.rdman sa�,d he did na� a�xee �*_i.�?� �3.1, the comments made� . Tir. Deblc�n said he had talked to the person who n�ade the review, Carl Sehenlc, =`1r. Shenk said t.l�e conunents may seem harsh, but were not intended. Lack of. time made for hurried comments. .. Mse Iiughes questioned if these eonunents change the policy, do we approve them and then send �hem Uack to Metxo Council or what happens to them. Mr. Boardman r�eplied �ae will xeview tlie plan and comments, malce changes cahere needed, approvc them and send them to the Pletro Council �'or further reviewal. These comrients, chai�ges, and regulations are nat necessaxi.ly th e ones the Mii�nesota EQC would make. Ttiere was still some necessary negotiation needed on the document. The conunents �aill be looked at to see if we are covering them or not. PAGE 21• . Pis. Sclinabel said tl�e cliart rc�exred �o as Figuxe 3-]_0 shoulri be labeled as such. This H��ts the CuPital Improvements Pzogram ci�art on pa�;e 23. 4D PiJ�NNING COMMISST:OP1 riT:�TING, OCTOB�R 24, 1979 ___ ____ ___ _____ pAGE 5 She also questioned tl�e SL-atement in the 3rd paragraph. "Tn addition to proposing se�en capital improvements of their own ...". She wanLed to know what those seven wexe and where they are listed. She �elt this should be clari.fied better. Mr. Deblon snid those seven imgrovement-s were also xeferring to Figure 3-10. PAG� 22• Mr. Harris aslced for clarification of paragraph 1. Mr. Boardman said if our watex area was to be used as some sort of commercial activity, by Coon Rapi.ds for example, we should have regulations to cover that activity and know what conflicting activity it may involve. Mx. Deblon added if thexe was to be a use of the river fox perhaps recreational use,then what are the conflicting uses? i.e. canoe vs. motorized use. Ms. Hughes said the Park Committee would like to se� the �-iver used �or some sort of recreational purpose and would like to have this r.egulation for conflicting uses i.n the plan. Ms. Schnabel asked abouC water quality in connection with surrounding communities, uses, , agencies, etc. Mr. Boardman said oux Comprehensive Plan does cover water quality and use vexy strongly. There was also camments on this in the Critical breas Plan xegulations. Ms. Schnabel asked if a city upstream was polluting the water, what course of action does Tridley.�have to coxreet it. Mr. Boaxdman said our only xeal option was the Metro Council. When they are reviewing other coimnunities plan the watex quality area should be carefullq xeviewed. Also o�.r watershed distxicts allow us closer, but limited control. PAGE 23• Ms. Hughes questioned the chaxt regarding statect improvements, i.e. Riverview Heights Park. How do xesidents find out about such impxovements. That inioxmation should 'ne included. . rir. T3oardman said tliat informati.oii will have to be put in. The chart now was to give an idea of improvements. He pointed out that the costs and time table portians of the chart were blanlc because the park area of the Comprehensive Plan was not completed yet. Ms. Iiughes also questioned the funding sources. Are these funds definite fxom those agencies or are we going to apply to them. Mr. Boardman said this was were we �aould apply �ox funding. If funding was not avail- aUle t2irou�li L.AWCON or LCT1R and the city would have to fund, more time would be needed to complet� each project. Pis. Hughes said the plan does not state cleaxly ��liat type of paxk plan there was. _ M�:. Boardman said that should be included Also.. � � PI.ANNINCG COt�fNiISS70N MF�T.IIvG OCTOIiT;R 24 1979 • PAGE 6 Ixene Maertiens, 144 Rivex �dge Way, asked if the_city really knew where the park impxovements would be needed. � Mr. Boaxdman said the charr shows whexe improvements would mosti likely be needed. Ms. Hu&hes pointed out to the Planning Commission that the Park Commission had not xeviewed or developed anything on the I'MC River Front property acquisition. She - wanted to know where this plan was coming fr�m and where the funding was coming from. y� Mr. Boardman sa.id the FMC property was to be a regional park in conjunction with Islands of Peace. This package was put together by Anoka County. The funds will come from the Metro Council a.nd the Great River Road project. The County has submitted to Fridley a PDR (Project Aevelopment Report) on this facility. Ms. Hughes want:ed to know when the Park Committee got�to see this report. Mr. Deblon saicl the propasaJ. goes to the federal government tirst, then comes back for a pub Z ic hearir.�g . Mx. Boardman said Anolca County gave presentation o£ this plan directly to the City Council. The Council dic! approve the master plan. Ms. Maertens qc�estioned if �noka County b�ught just the FMC property or FM� plus the Islands �f Peace pxoject to Council, and how they got involved in it. . I�ir. Boardman said the County> can designate an area for parlc property without the consent of the city. He said they (Aletro Council) were looking at Islands o� Peace to be a regional park and in order to do that you need at least 100 acres of land. This would also include Durnam Island. Mso Maertens asked what t}lpe of developmen't would be �lanned for this area. Mr. Boardman s��id it would be a pass ive, picnic area with wallaaays . Ms. Maertens s.�.id she had tri_ed to get in�ormation on this development �r�m �he Park Director, and he said he was unaware of any. . Mr. Boardman w,�s not sure if the Park Di.rector had a copy of the PUR. ' Iie had gotten his copy only Ccao days ago. � Ms. Iiughes said the public hearing time was too late. The development has alxeady been decided. Mr. Deblon stated the City Council still caould have to approve purchasing of the land and what would t�e developed on it. Thexe still was time fox public input. , Ms. Schnat�el said it seems the Pletro Council has alxeady decided this axea fits into their parlc plan and if it taas not consistent with a city's plan, that was too bad. Ms. Maertens questioned if the City ��x�uld sell Islands of Peace. Mr. Deblon sAid he did not Icnoca for sure. 4F P�JiNNING COMMISSION MI;T:TING, OC7'013�P. 24� 1979 PAG� 7 Mr. Boardman er:Plained the PDR was only an application for IMC property acquisition. The Islands of Peace as a regional park application was separ�te i:o the Metro Council. The Metro Council was very interested in the ITiC Property because it was the longest stretcli of operi space in the Twin Cities. Tl�e ].�MC property alsfl includes fundxng by tlie Federal Iiig;lnaay Administration and the Great River Road Project. FMC and Islands of Peace are ti.ed together i.n this appl.ication because ��'�viously Islands of Peace had tried to get regional park status. However, additional acreage was needed and so FMC was include:d. If the Islands of Peace was not included as a regional facility, it would not ne:cessarily stop the acquisition of the FiiC property. The Fedezal High- way was looking; at FMC as a recxeational park facility along the Grear River Road and an access to th.e river. - , Trene Ma.erL-ens asked if the figure, 1.8 million, . was a corxect._ a:igure for the FMC acquisition. , . Nr. Boardman sa.id that was for the acquisition only. �The federal government has guaranteed that much money. The city has no control what-so-ever on the acquisition of the FMC River �'ront property. We get control when the Council approves the plan. Ms. Schnabel asked how come it came before the Council for appraval then. The County brought the PDR before Council to see what, if any, problems they had on it. Mr. Hora questioned who would own the land. Mr. Boaxdman stated the County would.. The park would be a reg�.onal facility and the County would develope, manage, and maintain it. Mr. Hora thought the Park Commi.ttee should have been al'locaed some i.nput an this plan. � Ms. Schnabel said she had heard�talk that the FMC property might be used �s a xesiden- tial area. ' Air. Boardman stated they had talked �aith both FMC and the highway department on that praposalo The highway department would not purchase any land if it had any development on it. The City could not purchase the �Z scres and neither coulci the housing Authoxit}�. F1�1C wants to selZ, but are very picky as to what they caill sell it for. The City txied talcing aut 2 pa�.rcels of land to be developed, wii:h the federal government picking up the rest. Fi�1C woul�3 not go a�ong with that idea. The City tried only developi�ig 1 parcel with a motel an�3 again I�MC would not agree. They said if the t�ighway department was to get involved, it taas all ox nothing. Both tl�e County and Metxo Gouncil agxeed it should be a park devel��pmento Ms. Hughes said the Park Committee would agree with that. Ms. Maertens asl.ced if I1�IC was willing to sell with the parlc iclea in mind. Mr. Boardman sa:id that was wha� came before the City Council. If they do not sell, the City could rondemn the land and designate it paxk property. Ms. Maertens Asl:ed if thG ci.ty could do Lliat to all the land along the xiver. Mr. Boardman sa:Ld yes, but it ��oul.d be palitically unwi.se to do so. A11 ciiies have L-l�at powcx. �� G PLANNI.NG CQr1MISSION MT:�TING OCTOP.�R 2�+ 1979 � p��� $ Ms. liughes.�aid she thou�ht Mr. Boardman had said befoxe �'MC wanted to sell, and now he staCes they �on't. Mr. Boardman re;plied they wexe willing to sell at thcir price. They want $50-60,000 an acre. Right now they are gaying taxes on this vacant.land as undeveloped R-1. He explained L-he l,�nd would be assessed at a certain price (l.e. $20,000/acre), i�MC would claim it was wo�rth $60,OOG/acxe and would try to claim so by talcing the city to couxt. A judge would tTnen determine the cost per acre. That was Lhe reasoning behind condemning the land. Ms. Hugl:es stat�ed she was going to try to get tl-ie Parlc Committee to review this proposal betore it was f�ully developed, but felt it might not be possible because of time. P1s. Piodig said so many ti.mes when sometha_ng was t� _be reviewad by a committee, they are fighting a time element. This proposed park plan was a good example. They axe suppose�d to have citizen input on these questions and so often, staff says because of time, it must Ue done immediately. She felt stafi has already; many times, made a recommenda- tion or decision on a request before the committees get to review them. Mr. Boaxdman agreed L-hat the time element was a nroblem, but- sometimes things have to be done within a certa,in period. ' p2s o Maertens said she also felt there was lacic of coi�ununication between the different departments and local governments. When she came into City Hall azid asked the Park Dixector for infozmati.on, lie told her to go to the Countp. The infox'mati�n was available thraugh the PJ.anning DepartmenL-, only �.lo one knew it. She also felt thexe should have been time for citizen input on the FMC parlc question because it was known since last April t-hat Islands of Peace w�uld be a regional park. PSr. Boardman sa.zd he had talked to the Pla�ning Commission about the FMC pxoperty, but did not have all the diffexent concepts available until. xecently. He said this re- quest moved very iast. Afier �noka Countq presented theix plan, he and the City Manager went to the Cou.nty to push for one of th.e �eve]_opment plans. They wexe told no, if the City didn't go along, funding caould be withdrawn. `.£he funds had to �.e allocated � by November tc lceep the funding available. If the fundiizg was not allocated by then tlle tederal governznent would withdraw those funds for the State oi �Iinnesota and give them to anothez• state. The City had �+ days to malce a decision. Mr. Txeuenfels said it was important to noLe that a citizen was intexested enough to come tonight ar�d the information or ���here to get L-he information should have been available tor r�er to loolc at, but it wasn't. PAGE 24: Mr.. Harris que�,tioned the item regarda.ng Entxance Development- to the City. Mr. $oaxdm��n ea:plained L-his would be som� sort of landscaping or perhaps a sculpture to let motorists l:now they are entering rridley. It �vould be something to represent the City. Ms. Sclinabel asked tor revi.ew of that plan Uy tlie Plannin� Commission. 9 ���,,r � S , . No Cliange 4H PI.ANNING COMMISSTON MT'I:TT_NG, OCTOPI:It 24, 1979 PAGE , PAGR 26: Ms. Sclmabel stated tlie poxtion of item ��L r�eferxi.ng to "fleeting" does not apply to L-his portian ot the Mississippi ltiver and should be omitted. It�m ��1 to read: The Mississippi River Corridor sha11 be managed as a multi-purpose public • resource by conserving the scenic, environmental, recreational, mineral, economic, cultural, and historic resources and £unctions of the river coxridox, and pr�viding for the co�ntinuation of development of a varieL-y of urban uses within the river corridox. ._ PAGE 27: Correct �kl, the word ox to of. . Change ��5, last line, tF:x�e to two. Correct ��6, ESS:GNTTAL SERVICES : PAGE 28: OmiL- in at end ��f ��8. ' Coxrect spellin�, meadoca�. on �11. Remove 7�2 under "Uses E�c �udeci" Reword ��3 under "Uses E�cluded" to read: _ ° -- " - Any waste rnaterial., storage, use or waste treatment �acilities. Mr. Harris qu�si:ioned ��4. ,• Mr. l3�ardman sa:id L-his refers to gravel ox sand mining. PAGE 29• Ms. Schnabel felt C should be re�rorded, because many of the factors of this regulation taould be known ar on recoxds by the City or the proper government agency. It did not seem right to ask a developer to s�end money �o find out these factors, when they are already known. The e�tra costs �_nvolved could possibly discourage a developer. C to read: �:isting i_apography as indicated on a contour map having a contour iztexval no greater ��1FiI1 2 feet per contour; the topo�raphy map shall also cle�xly delineate any bluftline, all streams, includinb interrnitt-ent streams and scaales, xivers, waterbodi_es, and S,7etlands located on i:he site. Tlie L-opo�raphy map shall indicate tlie floodw�iy and/or flood fringe lines and shall indicaL-e the noxmal highwat:er maxlc of thE: river. Correct D, last word fxom lake L-o xiver. F shoul.d be �. Tis. Scln�abel fel.t fox beL-ter clari�y, paragraph J should follow D. Siie also felt E, H, K and P should Ue grouped. � Pf�. �Iarr�s aslcecl about item G. • n PT,l1NN?NG CO2�1T.SSTON MT:rTING, OCTOP,�R 24, 1979 PAGE 10 4 I Mr. Boardman said in order to have any federal monies released, we have to have a statemenC from the Minnesota �Iistorical Agency statinb there are no Indian arrowheads, pottery, bones, etc. Lhat will be disturbed by L-ltis development. PAGE 30• , Change and to for, last line of J. PAGE 31• Coxrect spelling of the word services, 4th line of C. 0 Mr. Harris asked Mr. Boardman if there wexe any variances for some of the requirements. He was referring to the possibility of a present structure being 50l0 or more destroyed. What xequirements are allowed for reconstruction. Mr. Boardman replied variances would be allowed. They'would be handled under the present zoning code. Ms. Hughes questioned the need for variances in the Cxitical Area Flan. Mr. Boardman said, if for example, a row of homes burned down and the stxeet was 100 -feet or less from the river, variances would be needed for setbacks. Otherwise a whole row of homes could i�ot be rebuilt. Ms. Hughes pointed out that she thought that was the intent of the Gxitical Area Pian. Mr. Boaxdman stated that was not necessarily L-rue. He felt the inL-ent of the plan was to maintain a natural setting along the river. Iiouses are not objectionahle to look at. , Ms. Schnabel pointed out one of the abjectives, as listed by the Metro Council, was fox glanned unit de�velopment. Another objective was dedication of road frontage for put�lic use. These two objectives could or could not be compatible. . Mr. Boardman did not thin� it was the inter.t, and sh�uld not be the intent of the plan, to remove all l�•.ousing from the area. We already have streets along the river and if houses taere not allowed, what was the puxpose oi having the streets. PAGE 32• Mr. Treuenfels felt item D should be clarified.regarding what tyge of v iew could not be caalled off. Mr. Boardman said this paragraph �aas referring to SGenic or recreational views. Item D,_last s�;nience, should read: The �aallin;g off of scenic vie�as of the river corrid�x from othex properties and public right-af-ways shall Ue prohibited. PAG� 33• Mr. lIarris felt item 3, section B, coul.d cause same proUlems. It states only natural material eould 'be use 1 tor banlc preservat•i�n. Soin� of those materials cuould be un- su9.table fox stoppin� erosi.on. Section C staCes notliing should be allowed, that was PLATIN�'.NG C�MMTSSION M3's�TZNG,_ OCTOEF.�t i4,_ 1979 PAGE 11 �# J not natuxal, to iceep tl�e erosi�n cantxal mataxial in place. Mr. Baarrlman said it was stated that way in �r�lcr �a h�3.� pz��erv� ��a� view of tiae banic frou� the river. Ms. Schnabei painied out ynu cannn� s�e tliraugh =acks �z woarl, 5a sahy not all�a s�me type ai stabiiizatian af that materia� i�y �iebacic.s flr simi.iar anaterial. Mr. Baardman said t3�e erosian cnntral was �or run-a�� and nat �iaoding fr�nm tha river. ii;�refore a terraced, re�ain�ng wall �at Df �atuxal matezial cvau�.d ice�p a mvre �atural look to the river banks. Mr. I3arris felt s�ne erasian can��c�i s�stems ��xe d�:�a.�etly ey�e sares, but i.f �ai�at was alia�asd rl��sn'� w�rk, y�l�at gaarl ��as r�e Ct)i1��D�, . Nls. S�hnabel said this zaas i�asic�l�.y a�ersanal. apin�an. B�au�y �aas iaa the ege o� t�a beh��3er. ane ��arson may co�s��ex a�a�iraa�i ti� ��eta�3�g �aa�.� a�tract�.ve and a��t��r persan ��ould can.sidex it ugly, N1r. Baaxdman sai.d one a� �� i��e�ts a� �� ��an �aa� ia ic.��� �� ��.tural ciiarac��er �� the xiver. �teta.�ning �aal�s s}�a;�id ther��are �� aut a� �atu�a.l araatexi.al. Mr. 3�arris ques�:iane�l t.�-ie sa�et� a� ��i�e �c'ata�tang �aa�3s. ��r�,��.� tie�ac�. c�uld hs�� e�.i.minate t33a� ��ossi�i�ity. Ms. Hughas said she wau3d ��e��r �n s�s �e ��an ��p �ia��� x�e�qu3runents. �s. Mo�ii.g ask�d if �rQS�nt re�aining �aa�.is n� �ameni, chick�niaix�, etc. �i�d ta �� re�la��d wi�li t1-ie natural �nateri�ls, Mr. �aardman sai.�i nD. �ir. giaxri$ as�e�l ta hav� se�tian � i.nclu�led as zarit��a, �ec�i�n B ia ��a�: Gmnst�c�izjn �l�all �e �� material apprnve� b� �h� zDn�g �dministra�tar. - S�Ct1t7II5 C �nit I) rlelete�. Mr. Baaxclman sa��l t3iEy �aouid x�.write 3t�n ��a ��lu�.e �e rh�nge�. ' �3r. '�xeu�fel� c�ussiianed �he �aax�ling D� :�ect3.�n D. 3.� �3iDUld =e�d. �a minimusn space between xetaining �aa11� �i�a13 �� �a�nty ��at. l�ir. �chnabel pn:i.nted Dut unrlex item 4, "t��:g:etatiDn �ia.na�emen't",', an3y cu'tting �� tr�es was referre�l �o., What about sDme ty�e oi r�gulat�an an sma.11 �lant� and shru�s. Mr. liarxis askeci if t�ie selective cn�ting o� txees �r�atar �han �+"� �� diama�ex aaas ju�t �'nr tlie ar�a al�»i� Lhe river. Mx. 3�oardman sa:id it was far �3ie zahaie iriticaZ .�1rea ���an. �hae }��.an �as 3���u s�t u� by Liae £ezlexal �;aver��ment to iuclucle a11 the �.ai3d from t�e riv�� �a t�za �i�iavay sys�te� a�d t8i�r��or� t]ic rcguiatio��s a}��1y to the �nL-ia� �rea. D PI.ANNING COMMISSION MCT:TING, OCTOJ3P:It_ 24, 1.979 PAGE 12 � Mr. liar.ris said he could go alon� with selective cutting up to 350 feet from the xiver, but n�t 2-L/2 iblocks away. , Mr. Boardman s,�id sections A and E of Item 4 should be combined with the woxd however. Thi.s would then lceep the requirement where new development was being done along the river. ... _.. . .. � Ms. Schnabel asked haw the �ity could enforce section C whichsL•ates a tree 4" in � diameter if rernoved must be replaced. For example; an addition t� a home meeting all requirements and needing no variances was built, how does the city make sure a tree was replanted. Mr. Boardman said the building permit would give the city the needed control. Mr. Aarris saici he had some problems expecting all homeowners in the Critical Axea to replant. F:specially if they are 2,000 feet from the river. Ms. Modig said perhaps there would not be room for a new tree on a lot that was already deve).oped. • Ms. Schnabel sa:id this could also infringe on the solax rights of a neighbor. Too much tree coverage �could not allow fox enough sun light in certain areas. � �� Mr. flarris questioned the xight of the city to place such retrictions on some homeoomexs and not others. _ Ms. Schnabel said perhpas this should be a requixemen� for aZl of the city a.nd not just a cextain area. Mr. Boardman pointed out this ar.ea was a special axea and had special conditions for it to e� ist. Any develogment in this area affects the Critical Area Plan and any affect on the Critical Area: affects the entire xiver. . Ms. Schnabel as�ked about the removal af the sentence reading "expansion of existing structures". T1iis would then just pertain to new developz�rents. Mr. Boardman said he felt that it was just us important to regulate on existing lands as well as �n n��w developn�ents. Why only regulate a certain amoun.t o£ the land use and not all. Ms. Schnabel sa:id for 3 xeasons: 1. The xef;ulation was picicin� on only a portion of the city. 2. There rnay not be enough room for a new txee on a lot. 3. Possib:Le infringement on a neighbor's solar righL's. She said if only new developments were included in the regulation this would allow the city contro�l for replanting in those areas. Ms. Sc1lnaUel was thinking of the possibility of :�ome land opening up in the Critical .Areas tor housin� development. Mr. Boardman sa9.d this xegulation already does that; plus also regulates existin� stxuctures. Iie said that would be picicing on �nly ne�a developments and the same 3 4 0 rz.nt�vzrlc cor�zssz�N r�rrTlNC, ocTO�r:R 24, i979 PACr: 13 ��' xeasons could a.pply to them also. He could nat really see why a�developer or existing structure wouldlliave a hardship replacing one or two trees. � Mr. Harris felt; the re�ulation was ridiculous and they woul.d get 1.aughed out of town. He could see th.e xegulation for alonb the river, but not 2 blocks_,away.. He also felt i.t was rathcr t:wo-sided to expect homeowners to improve and keep the natural Q.00k of the axea when an the other side �i tlieir.liomes, the city was widening �ast River Road to almost the e�xtent of a freeway. MOTION Uy Ms. ��chnabel, seconded by Ms. Modig to delete the words "or the expansion of existing struct:ures" from the fixst sentence in C under Vegetation Management. Mr. Deblon poir�ted out that on the cor�unent sheet from Metro Council a standard for tree xeplacemerit was needed. This was what this regulation was doing. UPON A VOICE VC►TE, MQDIG, HARItIS, SCI�iABEL VOTING AY�, AND HUGHES, TREUENFELS, HORA VOTING NAY, CH�'►I�1AN HARRIS DECLARED THE MOTION FALIED BECAUSE OF A TIE VOTE. . PAGE 34: � Item 1, sectiori C, add the word permit after special use. Item 2, sectiori A1, c�rrect spelling of word construction. � PAGE 35• Mr. Harris que�otioned the last para�xaph xeferring to chemical control. He felt there should be no chemicals used, because of the closeness of the river. rir. Hora said i:f the chemicals are used properly, there should be no problem. Arbitrarily banning chem�c�ils would be unwise. Such contxol for tree disease, poisin ivy, etc. would be xequi�-ed. PAGE 35: No Change � Ms. Sehnabel a:;ked about sign control in the Cxitical Area Plan, paxticularly along the River Roada Mra Boaxd said that will be handl�d in the sign ordinance. The signs along the River Road are on tl�e south side of I-694 and in a different district. There was also con- trol on federa� lands. MOTION by Mr. 7�reuenfels, seconded by Ms. Schnabel to close the Public Hearing. UPON A VOSC� VOTI', ALL VOTING AYE, CIIAIRriAN TiAItRIS D�CLARED THE MOTION CARRIED 1TN.ANIMOUSLY. I'UBLIC HF�1I'.ING CLOSED AT 10:33 P.M. �10TION by Mr. 'Creuenfels, seconded by Mx. Hora to recommend to City Council approval of the L•_ississ:Lppi River Corxidor Critical Area Plan i'or the City of Fridley as ammended. UPON A VOICL V(Yr�, SCIiNAB�L, TREUL'NFELS, IiOP.A, HAI'.�'.IS AND 1�10DIG VOTING AYE, AND HUGHES VOTII�G NAY, C11AI22ri1�N I1AI'.I'.IS DI:CL.�1R�ll 3'Fi� Ai0TI0N CAi'.T.IED. . Ms. Hughes saici stie vot:ed no because she raould lilce more Cime to study the plan and some of the chan�es made ��onight. , 4 f� PT ANN7NG COMi4TSSI0N MT;ETINGy0CT033�R 24, l.9%9 PAGN 14 Mr. T3oardman said the Planning Coimnission would be able_to discuss the plan again afLer the commc;nts are xeceived back from the Minnesota EQC, ' Chaixman Harris called a recess at 10:35 P.M. and reconvened at 10:45 P.ri. �+. RTs'C�I11I: PA1tILS AND REGRF.I�T7_ON COMMISSI�N MIIv`iIT�S: S�PTL'MIiER 19, 1979: MOTION by Ms. H:ughes, seconded by Ms. Modig to receive the Park and Recreation Com- mission minutes of September 19, 1979. Mr. Harzis asked what was the puxpose of the "Directox's Philosophy" under New Busi.ness. Ms. Hughes replied because there were 3 new commission members on hex coirnnission, the views, feelin�, or goals o£ the Ciey's park staff were not know�. The commission was devoting an hour of each of the next few meetin�s to hear cextain members philosophy. These philosophys do not necessar.ily represent tha commission's ideas. UPON A VOICE VOTE, ALL VOTING AYE, CHAI1tN1AN IiA}.Z12IS DECLAR�D THE MOTI�N CAitRIED UNANIMOUSLX. 5. RECEIVE CO:��Ii7NITY AEVELOPMENT CON�IISSTON_ MINUT�;S : OGTOB�'I� 9, 1979: MOTION by Ms. Modig, seconded by Ms. Hughes to receive �he Community Development Commission minutes of Octobex 9, 1979. UPON A VOICE VO'rE, ALL VOTING AYE, CHAIRMAIV HARRIS DECLARED THE MOTION CARRIEll UNt�NIMOUSLY . Ms. Modig pointed out the motion on page regarding the considerati�n of the status o� unused al�eys in Fxidley. She asked t� have the Planning Commission concur with this motion so :it could be implemented as soon as possible. After reviewing the conc�itions of the motion it was 3ecided canditi�n 1 was the same as 2 and-should be dropped. Also on condition 2, Qropex�ty owner was not defined eorrectly. The wor�Ls "adjacent to" sh�uld be added after the ward owner. Ms. Hughes said she got the impression fx�m the minutes that the alleqs would be vacated if not used and the city would probably initiat� that action. However, there was a re- luctance to l.eave alleys unimproved, although used. She coul_d not see how the city could aslc homeowners to improve a used alley i.f they were satisfi.ed using it unimproved. Mr. Haxris poinL-ed out they do not plow unimprot7ed allsys. Ms. Hughes said it was basically a philosophical question oi hers. Why should the city be initiating siich improvements if L-he homeotmers are satisfied now. Mr. Deblon said these alleys are eyesoresand the improvements woul.d help�reserve the neighborhood. J:t also raould eliminate rut problems in the alleys and garbage pick-up problems. Mr. Boardman stated if the alley was there, it k�ould be useu lilce a road and therefore should be impxov�ed lilce a road. ' � � Ms. rzoa�� said t:he i3ea behind the motion was �o �et the uni.mpxoved alleys impxov�d< 4 r� 1'T.ANNING COMt4ISSI0N MELTING_, OCTOBER 24� I979 PAGE 15 The alleys woulct then be an asset to the CiL-y. " Mr. Hora questianed what happes if only one homeowner was using the alley for access to liis garage and the other homeownexs wanted to vacate the alley.... Could access ease- ments be requirc.d so the homeowner would not be cut off from his garage: Ms. Modig said 1_hat was why they wanted all adjacent propexty awners contacted. ' Mr. Boardman po:�nted out if l or 2 homeowners �aere using an unimproved alley, would r hey be the only ones charged for the improvement or would all the adjacent property owners be charg��d. Mr. Hora said he ran into that problem on his alley. Ms. Hughes asked how the ci�y could get any agxeement between homeowners who use the alley and those who don't. She questioned the city initiating such action. She agreed with improvement for petitioned alleys or vacation requests. Mx. Boardman said he fel� the city wou2d not initiate improvements on alleys used by some and not all. That would be a dynomite situation. Mr. Modig said the purpose of the motion was to find out what should be done with each aZ7.ey. MOTION by Ms. Modig, sec�nded by Ms. Schnabel to concur with the Community DeveZopment Coimnzssion motion regarding unused alley in Fridley, as corrected; To recommend that Staff come up with a plan for the alleys "being used but unimproved". Eacti alley should be reviecaed individually as follows: 1. Cont�act pxoperty owner adjacent ta the alley for feasiUility of improvement of alley or vacation of alley. 2. Make a de�ailed analysis of each alley with specif?c xecommendations for ea.ch a11ey. 3. Implement some process for some feedback from the Public Works Department and th.e Public Service departments on each sgecific aZley. "Designate.d but not being used alleys" should be vacated by the City. "Paved alleys" sh.ould continued to be maintained. UPON A VOZCE VC�T�, ALL VOTING AYE, CH1�I12M11N Ii,ARRIS DECLA.,RED fiH� MOTION CARRIED UNANIr10U SLY . - 6. REC�IVE AT'P�ALS COMI�STSSION riINUT�S : OCTOB�R 9s, 1979 : MOTION by Ms. Schnabel, seconded by Mr. Treuenf�ls to receive the Appeals Commission minutes o�' October 9, 1979. Mr. Harris aslu.d if there liad been any discussiox� regardixzg the clarification of "Stated Harclship" on t2ie variance application. Ms. Sclinabel said they did discuss it and staff said they are reluctant to malce a decision as to wl�at the hardship �aas. If ttie applicant does not state it directly, they did not want to put c�ords in their mouths. IIo�oever, the Appeals Commission did su�gest the st.zf£ r�view the a�plicat-ion tahen acceptz.ng tlieir money. Ms. Schnahel said �f t.hexe �aas o:� was xiot a vaiid hardship ii: �aill come out at the Appeals meeting. � PLANNING COMMI:�SION_NII;TTING, OCTOBrR 24, 1979 PAG� 16 UPON L1 VOICE VOT�, ALL VOTING AYE, CIi�1IRMl�.N HA.it]2TS D�CLAR�A THE MOTION CAItItI�D UI�AN INLOUS LY . 7. RECrNIi IiOUSIi�G AND Rr'DL'�1LZOPMI:NT. AUTfiORITY MINUTES : OCTOBER 11, 1979 : MOTION by Ms. iiughes, seconded by Ms. Modig to receive the Housing and Redevelopment Authority minut:es of October 11, 1979. Mr. liarris aske:d Mr. Boardman if the package for the CenCer City Project was togethex yet. Mr. Boardman ss�id it was completed and he will be meeting with 7 or 8 developers this weelc. They hop�e fox proposals by January 15, 1980, that would give them 90 days to review them and make a sele;.tion. He also pointed out the resolution on page 5 re- garding the puxchasing of property for the I,arge ramily Housing Program. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN Ii1�ItRI5 DECLAfiED THE MOTION CARRIED UNAIQIMQUS LY . 8. CONTINUED : PROPOSED CIIEINGES TO CHIIPTER 205 . ZONING : MOTION by Mr. Treuenfels, seconded by Ms. Modig to continue this item until November 15, 1979, when a special meeting w�ll be held to discuss this item only. UPON A VOICE VO'rE, ALI, VOTING AYE, CHAIRMAN HARItIS DEGLARED THE MOTxON CARItIED UNANIMOUSLY. 9. OTIiER BUS�]�IESS : MOTI021 by Mr. Hora, seconded by I�Is. Schnabel to receive the article c,n Special Use � Peruiits . - • UPON A VOTCE V07�E, ALL VOTING AYE, CHAIRI�1Al�I Ht1.RRIS DECLARED THE MOTIQN CARRIED UI�L�:Il�1�U5 LY . _ _. .. This article t�a�i been presented by Mr. Langenfeid at an eaxlier meeting. Mx. Harris said he was approached by the owner of Centxal Auto Parts with a proposal to purchase the Cliies property by the junk yard. He intends to enclose it with a fence and use it: to parlc trucks thexe. - Mx. Boardman sai.d he had�tallced earlier with Central Auto and said they are presently using t1�e Chies building to talce repairable cars, drop motors in them from other junk cars and then sell them, kir. Soardman said thexe are a lot of junk cars setting up there no�a and lle hates to see an expansion of this type. They would also need a Special Use Pennit for this type of eapansion. The city has 2 new construction sites Ueing developed in L-lie axea that will greatly improve it and the expansion of the junk yard would only create a larger, messy operation. He would txy any legal controls he h us to sLop the eapansion. ' , r4r. liarris said '.he �a�s not told of th� veliicle repaix business, but anly of the storage facilities. • 40 4P PLt1NNING COMMIS;;ION M�];TI1�1G, OCTOPER 24, 1979 PAGF 17 Mr. Haxris aske�3 if there was any way to keep th3.s expansion cut. Mr. Boaxdman st,ated yes. Central Auto was usinfi the vehicle repair and�storage area as an expansion of the jun� yard. In order to do so, that requixes a Special Use � Permit. The ciry wauld deny the permit. There are othex developers willing to buy the same Chies :property that would be more visually compatible. � Ms. Hughes questioned if we can stop the junk yard. Mx. Boardman said not the junk yard, but we can stop the expansion request. Mr. Harris pointed out there was no definite proposal, but he had been contacted by this person. ADJOURNM�NT• MOTION by Mr. T:reuenfels, seconded Uy Ms. Modig to adjouxn the Planning Commission meeting of Octol�er 24, 1979. UPON A V�ICE VO'TE, ALL V.OTING t�YE, CHAIRMAN IiARR�S DECLARED THE MEETING ADJOURNED AT 11:35 P.M. 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ROLL CALL• Members Present� Ms. Huglzes, Mr. Treuenfels, Mr. Langenfekd, Mr. Oquist, Ms. Gabel. Mr. Harris (arrived at 7:45 P.M.) Members Absent: Ms. Schnabel (represented bq Ms. Gabel) � Others Present: Bi11 Deblon, A.ssociate Ci.ty Planner APPROV� PLANNING CO�SSION MT_I�T[TTES: SEPTEMBER 12, 1979: MOTION by Mr. Tz•euenfels, seconded by Mr. Oquist, to approve the September 12, 1979, minutes of the P'lanniug Commission with the following corrections: Mr. Tangenfeld said on page 3, the 5th paragragh from the bottom the word emission should be admission. Also, on page 12, the 6th paragraph should read: He was ex- officio on the Ylanning Commission for over a year and th.is brought about a full citizen participation and felt the establishment of this (Energy Commission) would be vexy beneficial to the City of Fxidley. UPON A VOICE VOTE, ALL VOTTNG AYE, CHAIP•MAN tIARRIS D�CLARED THE MOTION CARRIED UNANIMOUSLY.� 1. LOT SPLIT REQUEST, LeS. ��75-04, EDWARD T„ BAULLI�: Split off the Westerly 60 £eet of Lot 14, A.S. �k22, except the Southerly 390 feet, also I,ot 30, Block 2, Irving- ton Addition and adjoining vacated streets and alJ_eys in Irvington Addition, to be sold as open sgace fox an adjoining property, the same being 1420 Rice Creek Road N,E. rix. Deblon said the lot saas 239.2 fe�t �y 194.5 feet. The peL-itionex plans t� split off the 6Q�feet on t�e west side. Sta�f approached this request with a comprehensive look for �he entire a:rea and felt the lot split as shown �aould nct be in the best interest of this area. Mr. :Deblon shotaed a map of tiie area with a future proposed road on it. Iie said rir. Boardma�n placed the road �,?here the surrounding land �vould be used most efficient- ly for future residential development. He said any f_utu�'e road in this area would have site linTitation l�ecause of the steep elevations. Mr. Deblon said �his lot would only be 60 feet wide by 239.2 ieet deep, making it sub- standard in widtli. Staff felt this could set a precedent for this area as there was quite a large amount of undeveloped land in the area. He stated the plan as drawn by Pir. Boardman is not a definite plan. . Mr. Oc�uist asked if any developer had approached the city ior this type of development. tir. lleblon said no. The staff was as}ced'to make a cbmprehensive study of this axea be- iare allo�•:ing a st,�all piece of land to be s��lit oti-. Tl�is ti�ould foresee �uturc development complications. , LS #79-04 1'LAIJN7NG CO1�IM'ISSTON MI:T:TING,rS�PT.i:NO3T:R 26, 1979 ,�d�.rd T. R�i�l ar PAGE 2 Mr. Ed Iiauler, 1420 Rice Crcek Itoud, was present for the request. He said he and his ncighbor, Mr. k:,assel, in 1967 fou�hC it out at that time ab�ut tlie placing of a road here. 1-ie was t:old if he could come up with an alternative the City would go a.long with it. Mr. Bauler. said hc came up with the idea oF what �aas now Kerry Lane. He ques- L-ioned why tie should be the only one penalized and have the road �ut in as Mr. Boardman suggested. He said the area west o£ his land was berter suited for a road because it : was flattex. • : Mr. iiarris ques�tion if Mr. 0'Bannan and Mr. Brickner owned some of the undeveloped land. Mr. Bauler saict yes. 4T Mr. Bauler saicl this proposed development was for the future, so why should he be burdened with it now. I:[e explained he lives on a pension wiL-h his wife and they have had high medical bills i.n the last few years. Selling this 60 feet to his neighbor would pay off his debts a:nd let him still give the rest of his land to his children. Mr. Deblon saidl the staff felt the land would be better utilized if developed the way shocan. This wauld allow Mr. Bauler's land in the future to be �plit into 3 lots if his fami.ly so d'.esired. The lot as pxoQ�osed by Mr. Bauler would be a north-south lot with access off of Rice Creek Road. Th.e proposed City development would make the lot pie shaped: and would need road right-ot-w�ay fxom the adjoining property to obtain access to this lot. Mr. Bauler said! his future caas now and he has to do something about it. The commission pointed out that on the proposed development, future lot linES had been set up through or close to existing I�omes and did not feel homeowners would go along with that. 1 Mr. D�blon said. the lot lines would not necessarily go through as drawn, but City staff was looking to maximize the area for �esidential development. Mr. Haxris said. he thought they should talk with the other pxoperry owners in the area and see t•�hat their intent toas foz their land. He thougt�t there was some land already platted and som.e buildi_ng going on now. Mr. Oquist pointed out to Mr. Bauler tliat he could get 2 lot splits possibly and make more money. Mr. Bauler said he did not want to sell all his land, only what was needed. He thought it taas very sad when the City would not let you sell. your own property. He has been here since 1938 and l�as helped build the City and this was the thanks he gets. Mr. DeUlon said the Citq has to loolc at the entire axea to see what was best, not just for now, but for future generations tha� will live in I�ridley. Mr. Iiarris astced if Pir. Bauler had talked to anyone on his proposed lot split. Mr. Baulex said no, only his neighUor who wanted to buj� the land for a tennis court. Mr. Langenfeld pointed out to rir. Bauler lie thought tliey were using proper planning procedure and forsi_ghL here, He fe1C if they �ranted this lot split tonight and then in the i'uture had L•o say Uecause oi development; the rese of tliis land would not be use�ble, �ir. IIauler taould Ue very n�ad. . � LS #79-04 �'T.liA]idTNG COMMIS'SZON MrI:TTNG,_SrPT.1�173�R 26, 1979 ,-��_,-. �_,,. M,,,_, PAGE " uU Mr. Bauler aske:d why they could not move L-he road fuxther west and take 1/2 of what wa.a needed fox u road from 2 lots. � . Ms. Hu�hes saidl this would malce many areas unb�li.ldaUle. They have an obligation Co plan for the future and thoughL- tlie conunission should get infoxmation on this area before deciding on thi.s lot split. '- "•' �" Mr. $aulex said'. Mr. Bricicner had asked him to sell some of his land to him befoxe. Mr. Iiarris said. that was why he felt they should get the intenti�ns of the landowners. Possibly Mr. Br�ickner was still interested in buying land from Mr. Bauler. Ms. Hughes asked what would be clone �aith the lot split. Mr. Bauler said. the adjoining property ownex wanted to buy it znd use it fox a tennis court. Mr. Harxis questioned if all the area lots were 9,000 square feet. He said if the road was put in the wrong spot, some land would be landlocked and could not be developed. Ms. Hughes asked about a priva�e r�ad to those lo�s. Mr. Harxis said. that brings up a lot of problems and did not think there was room for a cul-de-sac. MOTION by Mr. Langenfeld, seconded by Ms. Hughes, to cantinue Zot Split request L.S. ��79-04, until the next meeting to allow staff time to contact the landowners in the area and see t•ahat they propose to do �aith their land, to find out tne lot sizes of the lots to the noxth of P1r. Bauler's land and also, wha� fihe proposed road status was. UPON A VOICE� VUTE, 1�LL VOTING AY�, C�LAI22MAN Hi�ZT�IS DECL�PtiEB TIiE MOTION GARRTED IINL�NIM�JUS LY . Mr� Harris asked the staf.f to notify the petitioner if this information caas not x�ady for the October 3, 1979 inee�ing. 2. LOT SPLI^' I'.EQUEST, Z.S, ��79--U5, CITY OF F1'�iDI,L'i'_ Split off the West 14.2 feet fxom Lot I, L'locic I, Van Cleeve'e Addition. Already split by County, never approved by City, Purpose of the lot split request is to malce County and City recoxds agree. Mr. Oquist pointed out there �oere houses alread�+ built her_e and asked tiahen the County approved this and why. � • psr. Deblon said he d�d not have ans�a:.rs :Co 'those 2 questions, but said it went tax- £orieit 6 years ago. He said t��e �xopext owner, Mr. Van Cleves, k�pt 14.2 feet out cahen he sold this land (Lot J� to Mr. �- cicson. Right noc� the land was not o�aned by anyone and is was suggest:ecl ti t the ot C picic up the e.�txa 14.2 feet. lie said the City was lool;ing for a b�ssible lot split on Lots 1-4 and also to build a r oad �if of Benjamin Street to s ice�em. ' rir. Treuenfels aslced ii the pr�cSperty owners purcliasc tl�e 1.4.2 fcet and pay taxes on ,it. Mr. Deblan said not- io liis knowledge. Ueen contacted to see i� they Caanted to CALL TO OItDER • . �v LS �79-04 CiTY 0� FP.IDLEX Edward T. Bauler PLANNII�G CO2�1MISSION MJ3ETING, OCTOBER 3, L�79 � Chairman Harris� called the regular meeting of the Planning Commission to order at 7 :30 P .M. . ROLL CALL• Members Pxesent:: Mr. Iiaxris, Ms. Hughes, Mr. Oquist, Mr. Treuenfels, Ms. Gabel Members Absent: Others Present: Ms. Schnabel,(represented by Ms. Gabel), Nir. Langenfeld (arrived at the end o� the meeting) Jexry Boardman, Gity Planner and Bill Deblon, Associate City Planner 1. CONTINU�D: LOT SPLIT REQUF.ST, L_oS._ ��79-04, FDWARD T, 13AULER: Split off the Westerly 6�0 feet of Lot 14, A.S. ��22, except the Southerly 390 Feet, also Lot 30, Blc�ck 2, Irvington Addition, and adjoining vacated sLxeets and alleys in Irvington Addition, to be sold as open space for ax� adjoining property, the same being; 1420 Rice Creek Road I�.E. Chaixman Harxis asked Mr. Boardman for comments on this request. Mr. Boardman tald the Planning Commzssion when considering this i�em, that it was very important to ccnsider planning �or the c�:liole disL-rict. The entire area was quite large with many undeveloped lots. He stated otizer landownexs in this area have contacted hi�m regarding t.he question of lot splits. His two main questions s•�ere how to get access to all o�f this Zand and tiahat kind of use the land would service Frzdley'best. He realized Mr. Bauler only wants to split off b0 feet, but this would make the lot substandard in width and a very deep lot. This lot could become landlociced in the futuxe. When �lanning �ae have to loolc at 15 to 20 years do�an the road. He rea2ized tihis will put a. burden on N1r. Bauler now. The City already has a 30 foot road right- of-way along Mx�. BaU1er's lande This was platted many years ago on the old Irvington Addition. All the streets and alleys in the area have been vacated. The City would have to obtain an additi.onal 30 feet to make room for a xoad. Mr. Boardman recommended denial of the lot split. Mr. Harris said the reason far continuing this xequest caas the question of access to.the rear properties, pl.us, ta find out what the ather propexty owner°s intents where. Mr. Boardinan sa.id they did not aslc each owner what their intent was, because perhaps in 5 years �rom now they map sell to a developer and we have to plan for that now. Mr. Harris said. they were also loolci_ng �or some sori of a plan for this area. Air. Boardman sa.id tliis was whaL- he did an his proposed xoad plan and lot plan. Beeause of lacl: of time., eve�ything was not plar�ned fxom an engineexing standpoint, but the plaxl as far as a road system, lot division and lot- size was �easible. He aslced if we do this split n.o�a, �ahat proUlems are we cxe��tinfi down the line. He reconunended denial because the lot would Ue too narrow. It «ovld he only 60 feet wide, which was substandard and tliat �has never b�en allocaed before. If the CO11L11j_SS1011 olcays the lot sp1iL-, it would be saying thc lot was buildable, �ahich was noL-� true. Mr. Boardman questioned i� , i _ __ . LS #79-04 � �� ` , Edward T. Bauler pAC� 2 PLANNING Cd;?MISSION MT;ETING OCTOI3FR 3 1979 the Commissi,on could ].egally approve the lor split because it would be goin� against the oxdinance requiremen�s for size. Mr. Boardman also recommended denial because the xest of the laiad would be inaccessibl.e and i:he City could not get the needed road xight-of-way. ,., _, , ., Mr. Harris asked. if the terrain w�s too steep for roads. Ifr. Jioardman sai.d there are variations in the texrain, but thare axe low points which are fairly level. and could be serviceable. The propQSed plan was about the best one fox xoad access and creating l.ots. • Ms. Gabel pointE:d out on the proposed xoad plan, some houses were in the way. She questioned what happes to them. Mr. Boardman replied this xoad plan was not defa.nite. �t may have to be moved around for those homes, some lots made smaller or larger or if the price was right, the developer would purchase the homesand relocate them. _ Ms. Hughes asked how many property owners were affected. Mr. Boardman said the land was o�aned by 9 homeowners and they each have a laxge amount of land. He then slzowed a map of each homeowner's land. . Mro Boardman suggesi:ed to Mr. B«uler Y_o split off some other area of his land. �1x. Bauler, 1420 Rice Creek Road, sa�d he has a buye� for this land already and he did not want to sell anymoxe of his land. Mr. Boarclman•said this neighbor would be able to put in hi.s tennis court, with this- lat split alid t.hen split off his ori.gi.nal land and sell. Hc has see�� thzs happen � Uefore. rir. Bauler would i.hen �e left with inaccessi b1e laxzd on his back property. Mr. Robert_�3arnette, 54i Rice Creek Blvd., speaking a5 a friend for Mr. Bauler, pointed out the an.ly reason rlr. L�auler was selling ta�s be�ause of financial need. He said if he sold tliis 60 f�et to his neighb�r, ultimately the tenni_G court would go in, and wher� the road was needed, it would be part of the neighbor's land that would be condemned. The Uurden would be on the purchaser of the proper.ty, not on Mr. Bauler. It would be iip to the neighbor to settle on the cost of this lot, not Mr. �auler. The burden should not be on the petitioner because of somethin; 20 years down the road. . . Mx. Boardman said the burdez� was on the City, becatzse they would be saying the lot sZ�lir was huildable and it was not. ' Tir. Harris saici he did not see how the Plannin� Co�nission c:ould approve a lot spliL �or this size because it goes against the ordinance. Mr. Bauler sai�3 he did not want to se�.Z off more of liis land closer to his house. That taas all part o:E his home a�id he had lived there since 1938. Mr. Iiarris said,there have been no lot splits of less than 75 feet since I966. �iso Gabel asked if C-C. would buy another confi�uration of his land. �l�e Commission tried to work out various `•;ays L-o.spl.iL- Lhe la�id, but because of needed lOgCl ri�hC-of-�,aay and future land devalopmer.t, noChinZ; was feasible. Also, rir. 13auler LS #79-04 Ed�r�ard T. Bauler PLANNING COMMISSION MI;�TING, OCTOBER 3, 1979 PAGE 3 could not ugree witli any of the suggestivns because it would infringe on his home and his life s�'yle. Mr. Bauler �tated he wanted to leave his land to his children. Mr. liarris sugf;ested splittin� off the land along Rice Creek Road;� leaving an access �o his home. 7�his lot would be moxe valuable then the original request, somewhere in the area of $15 - 16,000. This lot would also meet all the requirements. An easement would be given for future road righ't-of-way to give access to the land to the rear. Thi:� split would stillleave Mr. Bauler the land around his home and allow him to do what he wants with it. Mr. Barnette pc�inted out that the neighbor was not interested in.tt;is land. Mr. Harris said considering land shortage and the location, this lot should sell very eas ily. 4X _ _ . ._ . _ _. -- Mr. Boardman su.ggested leasing the land',t�►e'neighbor wasnted for his tennis court and .. also split the fronL 1ot on Rice Creek P,oad. The proposed road plan would then be sh�.f.ted be along this lot and an easement could be dedicated for road right-of-way when the lot ._ was so1d. This would satisfy the neighbor's plan,- and give M"r. Baulter the"money"he Xequires and still leave 2 lots lef� of h�s land. Mr. Bauler said he fought placing a road here in 1967, but looks now like he has lost. Mr. Barnette asked what type of proceduxe Ed would have to go thru. Mr. Harris said he would only need a lot split for the land on Rice Creek Road. He also suggested�working out a written a�reement with the neighbor on leasing the land for 'Che tennis couxt. This should include and easement for access to the tennis court for �aotorized vehicles. T4r. Harris said they would continue this item until Mr. Baulter had time to talk with his neighbor on this proposax and"work out the new lot split. MOTION by Mr. O�quist, seconded by Ms. Hughes, to continue I,ot Split Request, L.S. ' ��79-04, Edward 'r. Bauler, until fur�her notice. . UPON A VOICE VO'TE, ALL VOTIIvTG AYE, CHAI1�iAN HARRIS DECLARED TIiE MOTION CARRIED UNAI�?IMOUSLY . 2. IRECEIVE HOI7SSNG ,AND REDEV�I.OPAIENT AUTHORITX PIINTJT�S : SEPTEMBER 13, 1979 : MOTION by Mr. Oquist, seconded by Ms.Gabel �o eceive the Housing an? Redevelopment minutes oi SeptE�mber 13, �1979. Mr.�:Boardman po:�nted out e motion o age 3 regarding tlie discussion on .relimina�y Development Standards and �he Cent City 1'xoject. 'Tiotion by Mr. Houcic, eco ed by Mr. Prieditis, to recommend to City Council, through Planning Commi s' n, that they adopt some guidelines for controls sim- ilar to the "Prelimin Development Standards" to be implemenCed in the zoning ordi:nance. pon Voice Vote, all v oting aye, Chairpexson Commers de- clared the moti carrie unanimously. . He said h� was ��sently woxkin on zoning contx�ls for the Center Cit}� project nnd should be brirx��.ng tlicm L-o the P anning Commission soon. IIe �ited he was looking at tliis area �1s'��n overlay district �icli would requirc, Specir►1 Use I`ermits tor all buil- dings in tlie Center City project. �pecial Use Yermits would talce care oi va�iances, LS #79-07 Wallace L. Larson - � �YI � � U L� L-1� 1.. �i .�l � L �ei-�S-i-�,c3i�-°-r°-i—�T-- - � -._. ... - ---� �� , ..y ,� J /�S /lS j � .[j'/. � . 3� • � � �91 . wal. .vf.eY , � 4' '1 : � . lr. A�i d . 77� �;. ,, ( �� ' f� . ' iy'° J � � / �j PS /j.% � ,�. . � � ,t � ,.� . 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' 25.50 ' Y.?5 AO . pESCRiPTiOPJ: 1.�7Tli BLK.D� Sf�RING VALLEY (EX.THE S.105� Tt�iERE(?F} 1 tiEREgY CERTIFY THAT THIS SURVEY, PLAP�, OR REFOR� WAS PREFARED BY ME OR UNDER it9Y DIREC7 . SUPER�ISiON ANG THAT ! AM A DULY �E�lSTERED � LAND SURVEYOR Utv�JER THE LAWS OF THE STATE Of h! IN N ESOTA. � �. },����,YN DV "SK " AfJDERSGN n�TE� � 25 � REG. N0. 13:;36 • CATV COMMISSION�^�EETING � S OCTQBEl3 11 � 1979 • �CALL TO ORDLP. Ghairman Kaspszak call the meetin� to order at 7=35 P•M• ROI�L CALL ME:�iBER5 PRESrNTs Ed Kaspszak� Harold 13elgum, Larry Chevalier, � Carolyn Blanding� Burt VJeaver ME�vIBERS ABSENT s None �TIi�RS PRES�NT, Clyde :�►oravetz � City of Fridley John Eddy, General Television, 7nc. Pau1 Kaspszak Will Loe��r-Blosser� Cab1e TV Access Coordinator Ken Brennen, A�CI�i, Inc. Treasurer Julie Dargis, Communications Intern� City of Fridley Pa►n Andersan� Northern Cablevision . _- AP�KOVE CATV CO.�,i��!ISION �iI�dUTES a � MOTIaN by iv7r. Cr,evalier� seconded by &ir. Belgurrt to approve the August 8, ig79, CATV Commission meet3ng minutes. UPQ;3 �1 VOICE VOTi, ALL VOTIIQG AY�, CHAI.Riyi�iJ Kf�SPSZAK= DECLAR�D THE Iti7�TI4P( I'!�SSED UPdAP�IP+TC)USTY. Nlr. l�aspszal: asked the permission from the Commission members� to mo�Te ? t�m 2 on the agenda �o item 1, as he fel�i; that item 2� could Ue length;�. Th� Gonimzssion memb�rs concurred. 'L. II�'TRO�iTCTIOI�T QF AND REPORT B`�.' �:R. �1TILL LQ :'.��t-BI�OSSER, FRIDI;EY GA`I'V PU-L'-LTC hC�raSS C;C)OiiDZ1dA`�'C�R Mr. Brennen introduced ;�Zr. T,oew-F1,osser to th� Camir,ission members. ;�Zr. Brennen sta�ed that ivlr. Zoew-Blosser began v�rorx as the Access Coordina�:or at the beginnin� ai' September. He s�ated that ;�Zr. Loevr-B? o�ser comes ���ith a strong baclfround in access Cabl2casting and that he has �ane sonle i.nteresting �4hi�gs fo: the laorksllop. � r. Zoew-Bla���r s��ated �ha� he is new �:o the area, sa a lot of what he has been doing, is get�in�; acquainted �vith th.e areaw and the peOple� and tlle civic axid social ac�Livztieso so th.at he could see in rvhich �vays cable could best serve �the Ci�y. He further si;ated that for the pre�; i�us two years , he vYorlc�d in Eas� Lansing � n2ichigan public schools as an Access �oordinatar. Because of this� he stated, he has contac�Led the schoo].s in T�'ridley, and they seem receptive. He stated that in East Lansing, Cable is alive and doing v�ry v�a�ll � and it is a Proven cvncept, �vith about six hours of pro�;rammir�� per niglit si� ni�,hts a tivee�t. :�Zr. Loew-Blosser stated some examples o�' the ty1JLS of pro�rams c�one in East Lans:ing. He further stated �that one reason cabJ_e has worl�ed so Nre11 �vas tha� it is a to�ti�1 �vith a hi�h s�udent population � with more time CATV COti9"�iISSI�N P�IEi:T�NG October. 11 0 1�� Pat�e 2 �� i�o wark at cable. He stated that another reason was that the system has Ueen allowed to grow ovei a periad of time �vith steady growth. He s�ated that this was about a year before the system in Fridley was founded. So that this has been growin� for about four and one half 'to five year� of grovrth. He then stated tha� he has found that access can v�ork in Fridley� and he has found positive support from the people he has con�acted. He stated that Fridley though is at the beg�.nning of wha� is a long educational process. M r. Loew-Blosser stated that he did ���ant �o make the point that he himself cannot make access� because what i� really is, is lots of people telling lots of other psople about it and getting involved rr�ith the making of the prograrns. He a1.so s�ated tha�t he is teachin� a class now with 1:en people enrolled, �Ghrou�h -the Com�nunity �ducation. M r. Loevr-Blosser sta�ed that it is very important to have programs scheduled at regular times -�o accustnm people to watch a progra.m a�c a certain time. He further stated that he has scheduled programs from b:30 - 7s3Q P.M. an Tuesday, v^Jednesday� Thursday� and �'rzday evenin�s, wi.th i�2onday night set aside �or �kle City Council meetings o It'Ir. Loew-Blosser stated tha� he has receiv�d full coopera�tion and a lot of help from ihe General Tele�isian people a�c the studio. PJIr. Cheva"lier questzoned as to if �tir. Loew-Blosser had been seeking funding for Access at this i;ime? Mr. Loew-Blosser sta�ed tha�t na he had not as o�' yet, but that Mr. Mark Scott h.�d brou�h�t� that �a his G�tt�ntian. Mr. Brenr�an sta�ed that he felt tha� vrould be a�ob for the of�icers of th� Anoka� C�unty i°3arhshop, bu� �h,at due �o :�ir. Sc�t� having surgery, he ielt tha'� they �vouldn't be able to at'tend to it for a few �rre�kso M r. Kaspszak stated that he was at -�he �ity Council meeting, in which they allocaied rnvney for the t�9orkshop. He stated that it was ha.s feeling tha� the Gouncil would not v✓ant ta have ta renetiv this financial cam�nittment after �he six months of funda.ng ended. Because of this, �Zr. Kaspszali stated that he felt that furi� raising �was a priority for the Access Cc,ord�.nator. He further stated that it vras his s�rong feeling� that i�'ir. Brenil�axy., and "�1r. Loew-Blosser� sho�zld go out �.nd seek pragram►ning from peo�le wl�o cauld do a program, and also cou�.d help out financiall.y. ti'Ir. Kaspszak then offered some suggestians an how to go ab�ut in achieving this end. Mr. Iiaspszak further sugges�i�d, tha�t �vhen ���Tr. Loew-7�losser goes to t�l.l, to someone f that a member from the ���Jorl�shop� the Commission� and either John Eddy� or Toin Stark should go with him so as they could ans�ver any and all questions ihat these people could po�e to them, be�ore they v,�ould agree to funding access. ;�Zr. Kaspszak further stated tha � for a presen.ta�ian tYiey shoul.d edit out about ten minutes of access programming to show people what is and can be done so these peaple 1�ZO�r� what they are �talking aUout. A9r. 'Bel�um questioned �1r. Kaspszak in that lie would lilie it clarified as to ho�v the City Council. �'elt in _fundzri� ihe �tlorlcshop� and the Access Coordxnator. He questioned as to whei;her the Council had felt th�t thi:s �vas not tivori:hy of �t:tieir su.p�ort? � ..- (:A'1'V L'Uf�.1•°�115�1Ulv ��lr.�:��.�1iv� uctober 11, ly'!y ra{;e j Mr. Kaspszak s�ated tha� his feeling from the City Council was that yes� thi� was worthy of funding� therefare ihe eight thousand dollars for six months vras granted, bu� that this was seed money so that other funding could be raised� because they did not want the total burden of financing this to be put on�o the City treasury forever. " � � M r. Brennan stated that it was his feel.ing that he had gotten from the City Council that when they had got�en the initial seed money from the Council, tha� the Council vranted them to do two things, one was to get some regular programming and activity� and secondly to begin some s�rong eff'orts in ge�ting grant money coming in. He further stated �hat it �vas his feeling that they would not have to have this money in the bank so to speal: but ra�her� if they could demonstrate tha� on top of having some good programming that they have made s�rong rigorous ef�orts that �vere in the process of getting results, that then the Council vrould consider, and help the WorY.shop through the phase 'tV10 of development. This way� he stated they would se� the propartion of mone,y �rom the outside� versus the mone,y from the City bega.n to shift to a balazice. He then stated that he had �vondered tivha� the ��mmission saw as a balance? Mr. Kaspszak s �a'ted that either by wri�ting a letter to �Iayor Nee, or by going over the minutes af the City C�unciZ meeting they should get a c�.arificata,4n o� hoti�� -the City Council planned to deal w�th this fundin�. rJir. Ka.spszak further sta�Ced that the Council has not stated as �o what part ii any of the �;o of G ross Revenues they woul.d alloca�e -�o Access �ro�ramming. t�7r. ��aspsz��� �uri;her sta�ed that he felt that �ax^� of the reasc�ri �che Company d� d nat fight the 5i to the Czty, was that they felt that this would go to Access Pro- graMrnin ; : P=�r. Brennarn stated -�ha� he �:rould seek clarification of the �aorY- shaps pasition fox funding tivith the City Cauncil� so �hat they would know v��here they stand. t!Ir. Kaspszak ques'iianed P���r. Brenr��,n, as tp zf the City Cour.cil is kept up to date on -�he prt�grammin�; in Access? RZr. Brennan sta�ted �that they have not made ax�y specific e�forts in keeping the Council, up -to date cn the Lacal Access programs. rJir. Kaspszak stated that he wou].d like ta su�gest that th�e l�lorkshop ]�eep the Council up ta date an �hi�. M r. Loew-Blosser stated that he �vould send them current information and up �o date programming schedules ta zhe Council members. �.. RECrTVi: I'INI�NCIAL ST!�Tr'�1ENT, TECHNTCAL REFORT AND tJPDATE ON CABLL Oi'i:}�t'�`.CIONS ��RO;,i NURT}��'RN CABLEI�'TSIOII �� it7r. Eddy stated that re�ardin� local ori�;a.nati.on they have concentrated on local �ports� because that g'rabs peop�.es a-t�ention right away. 7.'he have the pro�ram ti'tled "iiey Coach" in ��rliich they have taPed some af �the sporting events of the J.ocal schoo:ls � such as Fri.dley Grace � CATV CO^�'AI55ION r�IEFTING October 11 � 1979 __ Pa�e 4 _________ and Fridley Senior High. He fur�her stated that M r. Stark now has another �how in the works which is a�'�zbli.c A�'fairs show, �vhich would be broad enau�h in �cop� �o that it should encompa�s almost every issue in Fridlcy. He sta4ed that they ar� now looking for a host, or hostess per�on for �his show, who would be �he key to the show in coming up with people� i�sues and concepts for the show, and w�uld work closeiy �-rith Tom Stark. Mr. Eddy stated that both UJill . and Tom Stark are embarking on a joint venture� in which they are working with a group of teenagers, called the Lxplorer Post. M r. Kaspszak questioned ;rlr. Eddy� in that has he noticed that the Local Origination and Local Access have done anything in terms of getting more subscribers? ivir. Eddy stated -�ha� na not in additiona.l subscriptians, but that it does balance out the programrnin�;. �Zr. Kaspsza.k stated that vrhat th.e �ommission had talked about before, and what he is suggessting T10V`1' would be to pu� a set into the Fridley State I3ank, or any hi�h traffic area, with LocC,.]. p.ccess, and Origi�.ai:son,proorams on the set. He �tated that this tivay people �rould become avrare c�f i.'t and see it.. Mr. Eddy s�a�ed that this zd��. �rras in �he �r��r�SS p �.nd when they do it they'v�ill put a drop into the bank so that they could r�ork out of the studio. Air. ±r�Teaver stated tha`�; he �el� �:ha� `this vaas a good concept. Mr. Eddy stated tha� th� fii�.��cia.l. and �echnical report that wds submitt�d �o the City is a s-�atcment o�' the fraxichise and a ' tech.�ical report as ob1_igated by the Franchise. He fur�ther stated that included with tilie let�Ler and the check 4o the City was a breif summarry of ho�v that amoun-t was d�termined. (�ce A�t-�tachments) Mr. Mor�.vetz sta�ed that basica�lv the technica.l repart closely fol�ows the format that tivas set up by the Commission a fe�v years bac��. Mr. Eddy fur�her explained tha�t there are thirteen paints scattered throughout the City°s system, ana. at tYiese poi.n-�s diiferent levels and meter readings are ta��en, to determine the quality and the strength Qf the signal beirxg traxlsmitted, becaus� they ax�e obliga�ed to provzde a signal tha.t is acce�table. P�9r. Eddy stated that �hey are addin� a progratn called "5howtime". and that they are restructurir.g the channels so that Access channel will be I2 maYing it sand��aiched be-tiveen to more popular chaxinel.s. AZr. Eddy Stated that rriclley would be only th.e second mature system in �he country to have bath the HBOt and Shotvtime. i��OTTON by �y1r. Belgum� and s�conded by 1�2r. VJeaver� to receive the i'i��naj�c�.al statement from Northern C�blev�ision, Inc. � U�'ON A VOICE �rOTL � ALL VOTING AYL, CI-iAIRPERSON KAS�SZ�K DECLARED TIiAT Tl-IL D10TION PASSED I1NA1�ID10USLY. 5C CATV CO��I^nZ5�I0N PdF,ETING October ]_ 1 Pa e 5D 3. RECEIVE CATV �RDINANCE A1�11END`,4FNTS � a �PPROVED BY CITY COUNCIL Mr. Moravetz stated that back in January, the Commission submitted numerous amcndments to the Cable ordinance, whiNortherntCablevision. again after the six months operatall werep�rPbeived, and implemented, He further stated i�hat basically in the financial statement. �ie with the exception of the wording stated that this was just a minor word change thattheeCoraorates� that the fina.ncial statement could be prepared by P Treasurer, or a Cert-ified Public Accountant. C�ther than that ex- ception, Mr. Moravetz stai:ed tnat it was adopted as submitted, by the Commission. He si:ated that along with the amendments was thai. 5o that would take e�fect in November, 1979. Mr. Moravetz stated that there was some discussior� in the Council on the wording in section 405.011 subdivision 9, on gr_oss revenues and gross system re- venues definitions. Mr. Moravetz stat�d that he is getting a clari- fication on when the 5% on gross earnings would take effect. on when the 5/ would take e�fec�t. --- �-- ---- - _- - ___ - ._ R2r. Eddy stated that as "�Zr. Kaspszak had alluded earlier to, con- cerning tl`�e 5� , that �he reasan tl�.e Campany did not fight the 5� was because they iel� that all, or a good portion of the money would go to��ard funding tl�.e Anoka County �aorkshop, He stated thai it is indeed-�he Compaazy`s p�sition that they trust that the City Gouric�l. w:i�ll alloca�e �.11, :�f nr-� a major portion of this money for ,_ - �h.n funding af �he Anoka CountY Cpr?munica'ulons 1"dorksh�p. ecause he sta�c�d that �lorkshop means a lat to the Company, ax�d tY�i�y would w�.nt 'i,c� � see it succeed. MOTION by iti�r. Vleaverf sec�nded by P�Is. Bland�ng to accept the Ordinar.ce Amendments. UPON A VO10E VOTE � I�.LL VOT�I�G AYE, CHAZRMAN IiASPSZAK DECT AP,ED TH�T NIOTIaI1 C �RKTELl UNAI�Ii�'IOUSLY. �. OTI-iER BUSINESS s h7r. Kaspszak requ�sted that 1�'Ir. Moravetz ab�;ain an. updated list of the terminati.an dates far 'the Commissian members. It was his concern that in �;tivo or three years the Comrnissa.an vaill have to take ug the refrax�chising af the sys�em, �vhich he stated would be a very difficult job. He s�a�ted tha� the termination dates and �ihe by laws preventxng a person from servin� more than two terms, may very well leave the Commission a1: that time vaith all �the members having less than one year of experience on the �ommission. Iie felt that the Commission �hould examine the termination clates, and the by-laws to see i.f this would create a problem that should be corrected. M r. Iiaspszak stated that he felt that �Che Commission might also want �;o consider makin�, it mandatory tha'� a Commission member subscribe to the Cable �ystem. After much discussion� the Commission decided thµt the members should be Cable subscribers. The Commissian felt • �tliat this mi�ht Ue part of an amendment ior the future. ' CATV CO�fMI �SIOI1 P�1FE'rING Octobc�r 11, 1979 Pa ,�e__ 6 - 5E M r. Brennen interjected that'he had per.ceived that Commission member had nothin� to dc with censoring being i'amil.iar v��,th the pro�ramming the job of a or in anyway M r. Kaspszak stated that that was not his feeling, but that he did have a concern in that making this rnandatory that it may preclude people vrho could not afford the cable system from serving on the Commission. M r. Eddy stated that the Company really needs the Commissions help on two items. He stated that the Ordinance is going to have several amendments �:ackeci on � axid -that the Company would like to also tack on two of their own. amendmen-ts. He s�ated, th�.t they are not significant� in that they would not jeopordize subscriber count�' or anything lil�e that. They are sa.gnificant enough in the Company's estimaiion� that the,y shatzld be included i.n the franchise, he stated. (See attached 'Proposed Amendm�nts"). Prlr. Eddy stated that he has talked vri�h almost everv cauncilpersan, arid �hat they did not voice ax�.y opposi'tion. D�r. Ecidy then went on ta explain the first pr.oposed amendment concerning �he copyri�;h-� fee. He stated that the Company would like �o pass this fee on �co �he subscriber� which would amount to about three cen-ts per subscriber, ger month. He stated that it is a tax that is then sent to ��Vashin�tan to �the Copyright Tribunal, and then they decide were the money should be sent to. He fur�her sta�ed that it is th� Car�pany°s policy, �hat tllis is a user's fee, and �r►erefore, shauld be passed on�o the subscriber. He stated that thi� �vould be bralcen do�°�m. in the b�.11a.ng, �.n tha� i� would be under a separate columt�, and no� tack�d on to the ra�c:s. "�ir. Eddy s�tate3 �Y�at they �vere not se ��ing any precedent he.re, in that i.t is being done throughout tYae whole country Mr. ti�e�.ver stated -tha � he rr�ou�.d li�:e �to see Verg Herra.cl� check the wording of 'this amendment, bef'ore �.� w��t to the City �ouncil. �2r. Kaspszak siated that� if T�Zr. Herricls sta�ed that the wording � is firie, then he fe1.-1; �;hat it �vould be fine* and xeady to be brought before the Cornma.sszon to eith�r apprave, c�r disapprove. D'Ir. �ddy stated that regarding the secend propased amendment, the fratichise sta�es now that they are not able to collect a char�e hi�her than �7.50 far a basic connec�ion. He sta�ed that this may. have been enough bei'ore, but �hat i�: is �'ar from enough tor them at �:his ti.me. There�ore, he stated the Company would like to have the �vording changed, so �hat �hey would be able �o, or have the ab5.lity to assess the charge to the subscribers �or at least wnat it costs the Company to install the service. �,'Ir. Eddy stated that they �'elt tha� they would be much more ei'fective in their• marketing campai�;ns� and marketing -the product, if they have some flexibility in the connection fees. �,1r. Eddy stated that it cost them more than the �7.50 for the installaiion, and as a business, he fe�t that they sl�.ould have the ri�ht to charge what it cos�:s them for an installati�n. Iie further stated that they also have to consider tYlat they have tc deal ���ith some�:hi.n; stror��er than the Commission ar�.d tha�: is the free enterprise marlc�-t. He s��ated that the Company tvould no� char�;e so hi.r h a�'ee so as to put themselves ou�t of business. He sta�ed tha� thcy vrauldn't char.�e a connection rate CATV CO,�I'�ISS70N MEI:TING Octob�r 11, �� � Pat�e 7 5 F to the point where they wouZdn't feel peap�.e� wou].d the instal.la.tion rate was too high. Iie st�ted that �Lhe Company is already tlien re�ulated ta char�e a the market place. subscribe, because in this respect� fair price by � M r. Weaver questioned i�7r. Eddy� as to how they wou7.d, or could deterrnine the going rate for a connection charge? Mr. �ddy stated that the rate is pretty much determined for a particular mon�h� a manth and one-half to t�vo months prior to that particular month. Mr. ��leaver stated that he felt that ����hat they were asking for was deregulation� in �hat �tr.ey �vant flexibility a.n the connec�ion fee. i�r. Eddy stated that if the Commission was aggreeable, ta having a difS'erent fi.gure �rnount inserted., in place of the �7.50 limit figuret the Company would agree to a dollar �'igure of "not to exceed $20.00". Mr. Kaspszak statec� that he has spal�en �vith ;YTayQr Ne�, and that his posi�tion was that �hey shauldn't o��er any cannection charges, that it should be a free conriectzon charge, because �the Company's business was to get as many subscribers as they cvant, with tl�e idea �hat a� �16.00 per month ior �G�velve mon.ths tl�.at i.t wauld be xn their in�eres�s 'Go get as man.y subscriUers as �they can. Mr. Kaspszai� fur�her s�a�ec� �CYia� i;�zy�r I3ees posi�ta.on v�as that he ha� _ no problem vrith -�he amendmerit to �he ordii�z�1c�, pravided that the �ompany can sa�isfac-torl�r make its case, in terms of increased eos�;s czue �c� infla�tiono irlr. I�asps���k fu�°tl��er stated that tr,e nther problem ;vitll ;�1r. Eddy° s prupased a.mendment, ��as tha�t the Ci�y Council then �s,To�.lci Le allotiv7 rig the consumer �o be at the mercy o� the Compan.y, in tex�ms ai that connectian c�.arge . He stated tlzat �he Compa.��y say's that �heST are nct goir�g te charge �p20.00� that the Company say` s that �thcy are going to discour�t it, bu-C he stated that �vas John �ddy's s'ta�em�nt� �.nd that i��Ir. �ddy cauld be �ired tomorro�v, alang wi`�h Ji.m llanie�.s y and the Compar�.y could bring in new people �vho coulc� change thin�s. :�Ir. Kaspszak also stated �:hat the Ci�ty also is in the position -�ha� ivhatever discounts the Company allows also effec�s t�he amount of �;he 5,0, tha � the Ci�ty rec�ives, so that ii �;hey gi�Te a�vay tao much af the sl:ore, the ciJcy � oses also. n 1�9r. Eddy stated that -�he Camp�xiy would never {;ive away for free its service. Iie further sta'ted �:hat he had given them a factual and statistical ap��al e and now he feli:, that he had �o make an emotional appe�31. He stated tha� rvhen they had come in�o here they ���anted the Comp ;ny to do nothin� but perform, they wanted them in Innsbruck� they* are in Innsbrucl�� yoit �ran�:ed Access, the Company has given you �ccess far and above wha� the franchise requires � plus gilring the ACC4ti' a. home � you ����nted sJ � you `ve got �o, plus durin� �h� time of tiie evenings mee�tin�, you have aslted o have me help promote furidinb, edit a�ape f�or you � and to set up a machine and a tape a� a 1c�ca1 banl�. He stated that this has CATV COi�tt�fIS ;ION f�IE�TING ��_ Oc�ober 1�.,� 197,� _ Pa�e �3 upset him in that now he has come and asked for something and he is receiving resista.nce. • „ t�lr. Weaver stated tha� it is his feeling that both the Commission and i;he Council vrould have no problem vrith Amendment 405.211 if M r. Eddy could give them the dollar figure that•i� costs for installation, and substituted it with the �7.50 figure. M r. Chevalier si;ated that with escalati.n� costs� he would suggest that the Company set the figure comfortably enaugh� so that they woul.d not have to come bacY. ta change the �igure again soon. M r. Weaver stated that �he Commiss3.on needs some backup data'� from the CompanS� to show the need for an increase� they then could recommend the increase to the Council wx-th their blessing. M r. Weaver stated that as far as a iotal deregulati.on though, he didn't feel that would� ar could be approved. M r.K aspszak questioned the CommissiQn. membErs, in that how did they feel, in that was �20.00 too much far a cannection fee, if indeed this figure is the one -�ha-L the Company substitutes for the �7 • 5�� M r. Eddy stated tha� the Sen�or �itizens ��rould receive a special rate. The Commission concurred afiord the monthly ra�e, $20.00 would probably nat that ii' a subscrzber felt that he could �hat a one time installation hook-up of be a ptoY�lem. M r. Yaspszak stated that there have been same installation prob�ems i.n Innsbr�zcl�t that the Commission members should be a�vare of. li� furtller stated that he ana ��Zr. Eddy have discussed this proU?.em, and that :�1r. r ddy has made avrare the pral�lem to the City Council members individually� and collectively. _Zr. I�a�pszak� requested tha-t Mr. Eddy give the members a repor�G on this problem. M r. Eddy stated that they had s'tarted un.derground cons�:ruction in i:he Innsbr�ack area, approximately s�.x ��reeks ago. He sta�ed that the unfortunate situatzon rvas, that most of these yards have been. expensively landscaped. He stated that they are laying a cable to a dep�h of about fift�en inches� sa tha�: they �a have to do some digging to lay ihe cable. He continued to say that because of this, .the,y have run into some problerns with some hc�meowners. He stated that some of the complaints are legitimate. He further stated �hat he has been talking w�th Dennis Schz�aeider approximately every two days about this proUlem. i-ie sta�ted that he wanted the Commission aware that they are doing construction out there, and that they are completed in the Sou�h InnsUruck area, and 1;hat �hey were okay when they were out in -the street bu�: as soon as they moved into the bacicyard easement� that �vas when the people became upset. He stated th.at �he proUlems have been minimized greatly in North Innsbruck, and they are now attemptin� to deal wi�h problems in South Innsbruck. A9r. Eddy sta�:cd that the completion oi the cable laying si7oul.d be in �he middle of Novembe:r, ancI total cosnpletion should be sometime iiZ in Uecember. He furt}ler s�tated �th�i; they. had anticipated the volume of com�laints, and �hat they have anticipated that �he penetr�tion out in Iiznsbruc}c, would be reali.�tively poor a.riitially because of 5G CATV CO'�t'NISSION :�IEETIIVG OctoUer 1�.�, 19'19 Pa�'e 9 5 �i the fact that they have upset a lot of people be dig�ing up thei.r yards. i�ir. Lddy stated that the Comgany is 100/ responsibJ.e though� Sor restaration� �o the sa�isfac�tion c�f the person. Mr. Kaspszak �vanted it stated that at the last City. Council meeting there v�as a problem in the audio, in that the mike wasn't working. He stated that the visual was efcellent� but that you couldn't hear anything. He went on to say� that soon he was recei:ving severa3. calls complaining af the audio problem. :��Ir. Kaspszak stated that the probl.em was that he felt the gir_1_ at the studio answering the calls was very abrupt. He called the girl personally� and this was his feeling. He went on to say that after he told the girl that the people vreren't receiving any satisiaction� that she told him that they c�a not report any problem tc� the company, unless there ar� a minimurn of fi�ftcen such complaints. .yIr. Kaspszak stated that he called :�r. Eddy the �'ollovrirag day, and indicated to Mr. Eddy tha1; he felt tYia�t polic�� was wrong. M r. Eddy s�ated that he would like to clarify this by stating that at five o'cl.ock vah�n everyone leaves, they have all their calls transferred to a live ans�vering service, he sta�ed that the recording has been removeds from the phone, and s�zbs�:ituted by a live ansti�lering service. He further stated that when someone calls aiter five o' cl.ocli �their name is ta�:ez� dov�m, their phone number, and their addresst whether it is a px'oblem they are having � or they need more i.niormatiorz. He went on to say that if there is t��o ar three com�lain-�s y or problems, that tiiese are handled �he next day Uecause �hey are Ltsuall;� conver-I,ar problens. But, he stated, tha�t i�` th�re are fifteer� comp:Laints, then �his means that -�he ga.rl should beep the techni.cian immediately, ��ahether it is 10 00 or 2: QO 1�..:�I. i�i the r�c�rriiz�g, bec�.use ih�.s would ind.icate that there is a cable dos�rn cr someihing �haz has totally disrupted service �to an area. �y2r. �ddy stated. tl�nt -Lhere�ore �.t is �heir policy that uhe girl shauld dispa�tch a�techniciaxi immedzatley� if there is f'if'�een calls but not one or ��vao etc. ADJOURI�T:,�ENT Chairman Kaspszak decl.ared the CI�TV Conunission meeting acz journed a-� 10� 05 P.i�:7. Oc-�ober 11, 1979• SET DATE rOR NEYT P:TEETTNG Date was set �or the nex� meetin� �or Oc�ober 2�. 19'�9 at 7a fl0 P.R2. Respectfully submi��,ed, u. � _ .�-----,,, . � "( ;1. �.'�Z C�r�-- � EYai.ne Reed Recording Secretary 0 THE MINUTE5 OF THE FRTDLEY POI�ICE CIVIL SERVICE COI�9MISSION Meeting of October 22, I979 ���� 7:00 P.M. Present: Jean Sche11, Elizabeth K�hn.k, Edward Hamernik., and Public Safety Director James P. Hill Motion was made and seconded thai the minutes of �he A��ril 9, 1979 meeting be accepted as written. Motion passed. J�m Hill explainpd that Nlr. Larry Thompson,�th� indivi�ual that was scheduled to be present at the meeting to discuss the Suburban Police Recruitment System, was unable ta be at the meeti.ng this evening due ta a death in his f.amily. Jim Hill briefly explained the pracess and sugge�ted that a me�-E:ing be scheduled at a later date for Mr. Thom�pson to go over t:he process in deiail. Jim Hill expl�.ined that there were basicala.y two optic�ns open to the Comrni��ion at this time regarding t:he esta�l�_shrnent of a new rec�:�uitment roster. The first option would be to x�rc�ceec� as in the past through a loc�1 syst:em. The second optic>n ��c�vld be �ta join. thA new Subtxrba.n Police Recruitment System. 'T�lla syst��rn �s �clleduled �.� beyin coriductinc� the writt�n examinationa in Der_eml�er with a��rget date sometime in February, 1980 to have c�,ndid�tes nam�s available from which to select foz vacanci.es. Jim Hill als� explained tliat s�ould th� COnun�_5sion des� re to join the �uburk�an Polica Rec�-u� txnent System, the Frialey Cit.y Council would h�v� to apgrove a joint powers ac�reement after recamraendation by the Commission. Jim Hill e�aplained that there current�.y existec� one vacancy in the �olice Department and upc�n �ttemp�tirzg to fi��.. t-his vacancy with the iour canr3idates remain�ng an the el.�_gibility roster, it was ascertained that none of ���de four cand�.dat�s are any Ionger avail.able for apgointment, t2xerefoze� the eiigibility r_oster. has expired. Jim Hill explained that the final portion af development in a Suburban Police Recr.uitm�nt Systezn is to run a field test. Jim explained that the City of Bloomington was selected to conduct this process and is curren.tly advertisinc� for police o.ffice� _ positions. Jzm further exp.�ained that there is a re.mo-te possibility that the City of Fridley could join the City ot Bloomington in the test project to expedite our eligibility roster. Afte:r an extensive I Civi1 Service Commission Meeting Minutes October 22, 1979 Page 2 � discussion on this issue, Ed Hamernik moved that FridlE�y join with Bloomington in the selection process, provided that it is possible to solve all problems connected with this veni�ure. Seconded by Liz Kahnk, the motion carried. The Commission then discussed the advertising of this position as it related to Blaomington's ads. Several questions were raised �ahich include: 1. Can it be a joint ad? 2. Uo the candidates have ta apply in Person or can they phone in for an application? 3. Is there a difference in starting sa7_aries and how do we handle that situation? 4. Why there was no phone number Iisted in the Bloomington ad? Jean Sche1Z suggested that we meet with. Larry Thompson at an early date so that the Commission could ascextain whetr►er they wished to recommend joinang the full system when it is activated. Ed Hamernik moved to amend Section 4, EXAMMTN.ATIONS, Subdivision (a), of the I'ridley Polzce Civil Service Rules and Regulations to state a minimum of ten days notice rather than thirt:y days notice be given before each competitive examination. Motion seconded by Liz Kahnk, the motian passed unanimous�.y. Jim Hi�l.was asked to che�k with Bloomington's policy on accepting written applications since their ad is unclear on this issue. The next meeting date for the Commissiax�. was sugc�estecl for Monday, November S, 1979 at 7:00 p.m. if Larry Thompson is available. An alternate dat� would be Tuesday, Novembe:r 6, 1979. Motion by I,iz Kahnk to adjourn, motion seconded ar.d passed. Respectfully submitted, �a�.�,, Elizabeth Kahnk �� Secretary �� . • � �. ' `�-�-�� , . :. ( �} � l r ` L--. � Y\ C�. C Ir"S '1 �"' y� � ' �--� �, _� � J ✓� � �,— � % , V`' � , , . � . _ . ,_. . �u �Q` S� S���ti h D� �-�.. �_o�v��rso � � r ' � V . �c.� ' r � � c�.c�.�c�. � CJ-�+-� � o � � Ce,vt e� . _ . � � e., - . pE�riT�oN t3-1979 . . _ a!�•. . - � � �3i� .j ( , � . . � -- -� 1_f__ „ : � �'�,/�� % — , GGlir�,i'�"l�� �' " � . . _ . � _ �ri �, i����=��� ���� c�'' . ._ ._ . ��� _ _: ? � �- �� � � . - -�� �� � � /�, �� � . �� . . , �. �►�,�,1.� ���...�.�.� -'.Z� � �� / - - ��-� � � . ... 5 , ����� ��� � � � o C��Lo�,". �� N � _ _ : - - _. t � 9 d o`��- __ . � �:. : . � � ,�',�.�., �--Yj��� :_: ; -- . .. . . . � ,/ s ��'vIL.C�(_,i ��l�-:C�' l � �' �„r l..G-G'%ZC,_1�[., ��� i� T"-�� . � . _ . .. ,. . . �, �'���.�c--�-t-� '`��.�G �J � �c�� � ,t�-> �r1=- ' . `� . �. , �� +��i� c�__ r .-- _ . �r � ' --- �--- ��" .f'""� ;' , %-r"— , _ , . `_��-_.. f.�c ...,�, . ; , -=aJ� :_,;._.�-Y�..-.__..� J <� :��. .,._,.�_.,�c._ {�... - ��` �a�k.�, ��.,���k� � • ��v � 3 �-a � -�.�.� � �� �l , . � % � � /�c � J�l,ti��n, . � �o � G;�,i��� ���� �r� . tt/ � ,.'�.'�``' � _ �� :� '���� �L�-r.� �5�/ GC� �� �� � ^ _ .. �� . , � . . �: � ��:��:� ,,��' ��'' � �'y� �''��,,v�;'� � ,� �: �i � � � � � �f . � n `[�}� 1 j j �i�,`.� r'•ti� �� � { r. �"� l.� � � r! I ���''"/ l�� � < �✓ t J, �} , �- � c.,._ ' . ./ "���(,, . y 6 , f�%, � � ��.-��-- _ -J �' Y� 7 � , /"`e. ` (� 7 rt /7 1 /� Vt:�..� W`��`�" _ j� _ � _ � �'"� - `�� v - � �. C� ���:�-c� � / s � � , ,e,� C%�1 � , ' �, ��"�'�� � � `f , �,«,U.-Z i� ► � � ( �� � ��a�.� . ) co � { . �.�--ti�.�.Q--a---�, �e�,.,.,p � � a� av.� �h� j�� I C�;'����� �� . � � 9 . `�1► �]�,�,�1� � . �". �. � . ���--�'�. l.���;��. � ��� C:,�.,.,�°�.�a; L,,�.� ,� ��- G.... t �C� ��i_����J C� ��� SC�:.1'%l�� ���1 V� � � I �� �-- � [� _. . .__v.._ _ 0 s T0: FROM: DATE: SUBJECT: CITY MANAGER AND CITY COUNCIL M MARVIN C. BRUNSELL . NOVEMBER l, 1979 � RESOLUTION GIViNG FINAL APPROVAL TO THE $i,000,000 INDUSTRIAL DEVELOPMENT REVENUE BOfvDS OF 1979 - MEDTRONIC, INC. On September 10, 1979, a public hearing was held on the q�uestion of issuing industrial development revenue bonds for Medtronic, Inc. On September 10, 1979, the City Council gave preliminary approval to this bond issue. Approva] has also been obtained fram the Min�nesota Departmer,t of Commerce. The company is now asking for final approval and authority to issue the bonds. 'fhe Council action needed is to approve the Resotution Relating to $1,000,000 Industrial Development Revenue Bonds (Medtronic, Inc. Project), Series 1979: Authorizing the lssuan�e thereof Pursuant to Minnesota Statutes, Chapter 474. Approval of this r-esolution has the effect of also a�proving a) the Guaranty Agreement, b) the Loan Agreement and c) the Pledge and Loan Disbursement Agreement. Al�so included for your informatior is a letter from Dorsey, I�Jindhorst, Hannaford, Whitney � I-(aiiaday, attorneys for Medtronic, Inc. dated October 24, 1979, and a letter from pain, Kalman & Quail to the Minnesota Departr�ent o� Commerce aated Augusi 10, �979• MCB:c DOI;SCY, WINDHORS'I; Hl1NNAI' O(2D, Wt-il'TNLY & HALLA,DAY �. ,^.300 FI R ST NA710N/�l. F�qN K[iU I LpING . M f N N G A P O L 1 S, M f N Pt � g U 7A 5 a 4 p 2 � 1�1GC1 Yr'-FIRE,T WA7IGNAL i`/.,NK f)UIIUING ... � S7. PAV�,141NNC_^.bTA G6101 (G12) 3Ap-2Gpp IIG 7HIftU $THEfT fiqUTNWEST (FS�21 227-(5017 C4UL[:: UO��OY! ROCl/E`',7[q��.i���/�[�OTA (�;�301 7CLEX:2g-0605 (G07/ 2(SCf-31E6 , � TEL[Cpf•IER:ICii2) �40-2(iG6 •- ��� OCt.Ot�(.'T' %� i 1�%� Nr. Donald R. Stone Mr. Richai�d t�J. Nuiin Mr. Tirnoi�hy Ni. I3eaney Mr_ . Lem S cabr_ aok Mr. Nasim Qureshi r1r. Virgil C:, Iiera-ick Gentlemen: MARK A. JARBO� (6121 340-<G(36 Re: $1,OOQ,000 IndusLri�l. Develo�ment P.evctiu� Bonds . (Medt�-onic, Inc. Project) , Sexies :1979 Ci-L-y of Fridley, M�.nnesot:a Enctosed, relating to th� proposed issuance of the l�onds describ�d above, please find sugges-L-ed drafts of the fo?lowing documents: l. A L" oan Agreemen� bei:�•,een tl�i� City � and the Comp�ny; � 2. A P:ledge and Loan Disburscmcnt Agreemel�t amoi�g the City, the Company. the �sc,_ow Agen-� and the Lend er ; 3. 1� GuarantlT Agreement be�Lw�en the Compan�� and the Lc�nder; and 4. A F3o2�d fiesolutian toc�eth�r �vi ch ihe �orm of bond. � Coulci yau pl�ase review these documen�s and provic?e us with any comn�enL-s �alzich you may hav�. r�111 J : lc s L•:nc.lc�;;t�r�s cc: Tir. C. D. Alahone�t, Jr. Your_ s �rC1: y tru I.y , �� � r � �..�, W:1� �. Mar': A . Jal-hoe � �1 �� � • � • �' August 10, 1979 TO: Minnesota Depart��nt of C�nerce Securities Division 500 Nietro Square Build; ng St. Paul, Minnesota 55101 RE: Pzoposcd $1,000,000 Industrial D�velopment Revenue Bonds of the City of Fridley, Minnesota (Medtronic, Inc. Project) At the rec�iest of Donald R. Stone, Senior Vice President, Secretai.y and General Counsel of Medtronic, Inc,, we have conduct� an inforn��I study as to the econamic �easibility of the pro1�sal that the City of i'ridley issue i.ts reve�zue bonds 7u�der provisions of the Minnesof.a Municipal Industrial Developrr�lt nct. to provide ftiuzds to finance an ^XIx-�nsion to tzeir existing facilii�y �,��ich �,rould include -the acquisition and installation of fi�:ture improvenents ancl i1�e acquistion �nd installation ot related ec�uipl�it to be used iri the C�npaxly' s m�nufacturir�g facility. Based on our preli�ninary investigaLion of the Cc��any's financial condition, w� I�lieve the project is economical.ly feasible and th� revenL�e b�nds of the City can be successfully issued and sold. T�Ie p.ro�s��1 to assi.st in the placerr�nt of said bonds subject to the approval of tlze project; by the Minnesota Securities Can�nissioner and subject to final agre�ment by and amang t1Ze City, Mecltronic, Inc. and Dain, ICalntiln &�hlail, Incorporated as to the tei�ns and conditions of the issuance and sale of the bonds. Ve�� truly yours , / � � /�LL��( lL,(�,�� � �� c Steph�i E. Jacobs Corporate I'inance Depari�lent cl Dain, Kalman & Quail incorporatcd • 100 Dain Towcr • Minneapolis, MN 55402 •(G12) 371-2711 • Telex ?90247 • Telebrams DKQ UNUWhT MPS � Member introduced the followir�g resolution anct movecl its adoption: RESOLUTION RELATING TO $1,000,000 2NDUST.RIAL DEVELOPMENT REVENUE BONDS (MEDTRONIC, INC. � PROJECT), S�RIES 1979; AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 BE IT RESOLVED by the City Counci� of the City of Fridley, Minnesota, as fol:lows; Section 1. Definitions. 1.01. In this Resolution the following texms have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Bond Register: the register maintained by the City Clerk pursuant to Section 5.04 hereof; Bonds: the Industrial Development Reven.ue Bonds (Medtronic, Inc. Project), Series 1979, to be issued by the City pursuant to this Resolution; Building: the manufacturinq tacility and related facilities and improvements to be constructed an the Lanci by the Company; City; the City of Fridley, Minnesota, i.ts successors and assigns; Company: Medtronic, Inc., a Minnesota corporation, its successors and assigns, which mG.y assume its obligations in accordance with the Loan AgreE�ment; Escrow Agent: the Northwestern National. Bank 4f Minneapolis, or any successor escroca agent so de�;ignated pursuant to the Pledge Agreement; Guaranty: the Guaranty Agreement, executed by the Company anci accepted by the Lender; Holder: the Lender or any person to whom any Bond has been assigned pursuant to Section 5.04 of this Resolution; � � Land; the real cstate described in Exhibit A to the Loan Agreement; L�ender: Continental Illinois National-� B�ank and Trust Company of Chicago, its successors and assigns; Loan Agreement: the Loan Agreement to be exectated by ana between the City and the Company; Or anizational Documer.ts: the following documents, each of wnich s a e in form and substance acceptable to the Lender: (i) a copy of the Articles of Incorporation of the Company, certified by the Secretary of State of Minnesota; (ii) an opinion or opinions of counsel reasonably acceptable to the Lender indicating that each of the docum�nts referred to in Section . 3.03 of this Resolution has been duly executed and delivered and is the legal and binding obligation of the Company and the City, enforceable in accordance with its terms, except to the extent limited by state and federal 7_aws, rulings and decisions and principles of equity affecting remedies ancl by bankruptcy, reorganization and other laws of general application relating to or affec�ing zhe enforcement of creditors' rights generally; Pledge Agreement: the Pledge and Loan Disburse- ment Agreement, among the City, the Company, the Lender and the Escrow Agent, including any amendment thereof. Project: the Land, the Building and the Froject Equipment, as they may at any time exist; Project Costs: those costs definecl as Project Costs in Section 1.01 of the Loan Agreement; Project Equipment: all items of furniture, machinery ana equipment, or other personal property, to be acquired by the Company for installation in the Building or else�ehere or the Land and paid for in whole or in part from proceeds of the Bonds; and Resolution: this resolution of the City, adopted November 5, 1979, authorizing the issuance of the Bonds. -2- Ci� Section 2. Findings. It is hereby founci and declared that: (a) the real and personal property described in the Loan Agreement constitute a Project authorized by the Act; (b) the purpose of the Project is, and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound commerce so as to prevent the emergence of blightect and marginal lanas and areas of chron.ic unemployment; preserving the existing in��estment of the community in facilities for public service and preserving a tax base adequate to finance such service; (c) the Project when completed will add to the tax base of the City and will accordingly be of clirect benefit to the taxpayers of tne City as well as t:hose of the County and School District in which �he City is located, will incr.ease employment and the level of econ�m.ic activity in �he area, and enhance the re:putation of the City as a desirable locai�ion for pEr�ple and business; (d) the Project h�.:� been approved by tY:�e Commissioner of Securities of the State of I��innesota as tending to further the purposes and policies of t:he Act; (e) the Linancing of the Project, the issuance and sale of the Bonas, the execution and deliv�ry of the Loan Agre�menfi and the Pledge Agreement, and the performance of a11 covenat�ts and agreements of the City contained in the Bonc�s, the Loan Agreement and tr!e Pledge Ag�eement and of all other acts and th�nqs required under the Constitution and laws of the State of Minnesota to make the Loan Agreement, the Pledge Aqreement and �he Bonds val.id and binding obligations cf the City in acc�rdance with their terms, are authoriz�d by the Act; (f) it is dESirabie that the Industria]_ Development Revenue Bonds (Medtronic, Inc. Projec�t), Series 1979 in the uggregate principal amount of $1,000,000 be iss�ed by the City tspon the terms �set forth herein, and that the City assign its interest in the Loan Agreement and grant a security interest therein t:o the Lender as security for the payment of the principal of and interest and premium, if any, on the Bonds; (g) the loan payments contained in the Loan Agreement are fixed, and are required to be revi�ced from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of -3- principal of and interest on th� Bonds issued under this Resolution when du�, and the Loan Agreement also provides that the Company is requirea to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and all taxes and special assessments levied u�on or with respect to the Land ana payable during the term of the Loan Agreement; and (h) under the provisions of Minnesota Statutes, Section 474.10, and as is provided in the Loan Agreement,. the Bonds are not to be payable from nor charged upon any funds of the City other than the revenue pl_edged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bond shall �ver_ 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 thereof against any property of the City; the Bonds shall not constitt�te a charge, lien or encumbrance, legal or eguitable, upon any property of the City; each Bond issued hereunder shall recite that �he Bonds, including interest thereon, are payable solely f_rom the revenue pledgea to the payment thereof; and the Aonds shall not constitute a debt of tne City within the meaning of any constitutional, charter or statutory limitation. Secti�on 3. Authorization and Sale. 3.01. Authorizatiori. The City is authorized by the Act to issue revenue bonds and loan the proceeds thereof to business enterprises to finance the acquisition and construction of "projects" as defined in the Act, and to make all contracts, execute a11 instruments and do all things necessary or convenient in the exercise of such authority. 3.02. Preliminary City Approval. By preliminary resolution duiy adoptea by the City Council on September 10, 1979, this Council approved the sale of revenue bonds pursuant to the Act and the loan of the proceeds to the Company for the construction of the Project anci authorized the preparation of such documents as may be appropriate to the Project. 3.03. Appraval of DocumenL-s. Pursuant to above authorizatzon, t ere uve been prepared ana presented to this Council copies of th� followirg documents, all of which arz now, or shall be, placed file in the office of the City Manager; Q� the on � (a) Guaranty; U l7 (b) Loan Agreement; and (c) Pledge Agre�ment. The forms of the documents listed in are approved, with such variations, additions as are deemed appropriate approved by the City Attorney. � (a} through (c) above insertions and by the parties and Section 4. Authorizations. Upon the completion of the Loan I�greement and the Plec�ge Agreement aF�proved in Section 3.03 hereof, and the execution thereof by� the Company and the Lender, as the case may be, the N.iayor and City Manayer shall execute the Bonds in substantially the form set forth in Exhibit A hereto on behalf of t.he City, and shall execute such other certificates, documents or � instruments as bond counsel or counsel for the Lender shall requa.re, subject to the approval af the Cit.y Attorney, and all certifications, recitals and representations therein shall constitute the certificates, recitals and representations of the City. Execution of any instrt�ment or document by one or more officers of the City shall constitute, «nd shall be deemed conclusive evidence of, the apProval and authorization by the City and the City Council c�f tl-�e instrument or document so executed. Section 5. The Bc�nds,. 5.01. Form and l�uthorized P.mount. The Bonds shall be issued substantially in the form hereinafter set forth in EYhibit A hereto, with such appropriate variations, omissions and insPr�ions as are permitted or required by this Resolution in the total principal amount of $1,000,000. The Bonds shall be dated as of the`date of d�livery thereof to the Lender, and sha11 mature on November 1 in the years and in the following principal amounts: Year Amount 1985 $175,000 19II6 185,000 1987 200,000 1988 210,000 1989 230,000 -5- 8 �', The Bonds shall be five in number, one �ond representing each maturity, and numbered 1 through 5. The Bonds shall bear interest from the date thereof until paid or duly called for redemption at the rate of 6.50� per annum, subject to increase upon a Determination of Taxability as � described in the Bonds. Interest sha11 be payable on each � Nlay 1 and November l, commencing May l, 1980, payable to '� the Holder thereof at its address on the Bond Register, or such other address as the Holder may designate in writing. The Bonds shall be subject to prepayment and � redemption, in whole or in part and if in part in inverse order of maturities, at the option of the City at the direction of the Company, on November 1_, 1982 and any date thereafter, at a price equal to the principal amount being so redeemed plus accrued interest. The Bonds shall also be subject to redemption at the option of the City at the direction of the Company or, upon written notice to the City and the Company, at the option of the Holder, upon a Determination of Taxability, at their principal amount with accrued interest at the increased rate described in the Bonds. In order for the City or t.he Iiolaer to exercise the option to redeem any Bonds upon a Determination of Taxability, notice of the exercise of • such option must be mailed by the City or the Holder, as the case may be, within 180 days of the Determination of Taxability, and the Bonds sha1Z be redeemed on the next ' interest payment following, but not less than thirty days after, the mailing of such notic�. Notice of redemption shall be mailed, at least thirty aays prior to the date set for redemption, to the Holder of thc Bonds to be redeemed at its address as set forth on the Borid Register. 5.02. Execution. The Bonds shall be executed on behalf of the City by the signatures of the Mayor �nd the City Manager, and shall be sealEd with its corporate seal. In case any offic�r whose signature shall appear on the Bonds shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 5.03. Mutilated, Lost or Destroyed Bond. In case any Bond sha ecome mutilated, or be destr��yed or lost, the City shall cause to be executed and delivered a new Bond of like outstanding principal amount and tenor in exchang� and substitution for and upon cancellati��n of the mutilated Bond, or in lieu of and in substitution for such Bond destroyed or lost, upon the Holder's paying �the reasonable expenses and charges of the City in connection therewith, and, in case the Bond is destroyed or :Lost, its filing with the City evidence satisfactory to the City of such loss or destruction. � �� 5.04. Registration of Transfer. The City will cause to be kept at the oftice of the Clerk a Bond Register in which, subject to such reasonable re.gulations as i� may prescribe, the City shall provide for the . registration or transfers of ownership of, the Bonds. Each Bond shall be transferable upon the Bond Register by the Holder thereof in person or by its attorney duly authorized in writing, upon surrender of the Bond, together with a written instrument of transfer in the form attached to the Bonds or otherwise satisfactory to the Clerk and the City Attorney, duly executed by the Holder or its duly authorized attorney. Upon such transfer, the Clerk shall note the date of registration and the name and address of the new Holder in thP Bond Register and in the registration blank appearing on the Bond. The City may deem and treat the person in whose name each Bond is last registered in the Eond Register and by notation on the Bona as the absolute owner thereof, whether or not the principal balance or any part thereof is overdue, for the purpose of receiving payment of or on accoiznt of the principal balance, redemption price or interest and for all other purposes. 5.05. Delivery and Use of Proceeds. Prior to delivery of the Bonds, the documents re e� rre�d to in Section 3.03 hereof shull be ccmpleted ar.c� executed in the form and substance as approved by the City Attor.ney and an original, executed counterpart of each such document shall be'delivered to ihe L�nder, together with the �rganizational DocumEnts. 'I�he City shall thereupon de:Liver to the Lender the Bonds i_�z the total principal amount of $1,000,000, together with a copy, duly certified by the City Clerk, of this Resolution and such closing certificates as are required by bond counsel, Upon delivery of the Bonds and the above items to the Lender, the Lender shall, on behalf of the City, disburse the proceeds af the Bonds to the Escrow Agent to be disbursed to the Company in reimbursement of Project Costs, pursuant to the provisions of the Loan Agreement and Loan Assignment. The Company shall provide the City with a full accounting of all funds disbursed for Project Costs. Section 6. Paying Agent. 6.01. A�pointment of Paying Agent. If at any time the Holders of a majority in aggregate prir.cipal ar�ount of Bcnds at the time outstanding request of the City, the City will, as soon as reasonably possible after the receipt of a written request from such Holders, -?- � appoint a paying agent for tt�e Bonds. Such paying agent shall be a bank or trust company satisfactory to the Holders of a majority in aggregate principal amount of the Bonds outstanding, the City and the Company, and :having a capitai and surpius of at least $100,000,000 (if there be � such an institution willing, qualified and able t�o accept � the appointment upon reasonabl� or customary terms). � � Any action taken by the City pursuant to this Section 6.01 shall be taken by the City as soon as practicable after such written request from the Holders of the Bonds; however, no such action under tl�is Section 6.01 shall be required to be taken by the City without the approval of bond couns�l chosen by ar acceptable to the City. 6.02. Exchange of Bonds. Thereafter, upon surrender of anv Bona by the holder thereof, the City will, witnout charge, deliver to or upon the crder of such holder, in exchange therefor, a new Bond, in the same principal amount as the Bond so surrendered, in coupon form, payable at the office of the paying agent so appointed, and bearing interest from the da�te to which interest sha]_1 hav� been paid on the Bond so surrendered. Secti�n 7. T�imitation of Cit��'s Ob�igations. Notwithstanding ar�yi.hinc� contained in the Bonds, the Loan Agreement, the Pledge Agreement or any other documents ref,erred to in Section 3.03 hereof, the Bonds shall not constitute a d�bt af the City caithin the meaning of any constitutional, charter or statutory limitation and shall not be payabie from nor charged upon any funds other than the revenue pledqed to the payment therenf and the City shall not be subject to any liability th�reon, and no Holder of such Bonds shall ever have the right to compel any exercise of the taxing power o� the City to pay the Bonds or the anterest thereon, r�r to enforce paymer,t thereof against any prapArty of the City, and t.he Bonds shall not constitute a charge, lien or encumbrance, legal or equitabler upon any p;.operty of the Cii:y. The agreement of the City to perform the covenants and other provisions contained in this Resolution or in the Bonds, the Loan Agreement or the Pledge Aqreement and the other documents listed in Section 3.03 hereof shall be subject at all times to the availability of revenues furnished by the Company sufficient to pay all costs of such : 8 I: performance by th� enfor.cemeri� thereof, and the City shall not be subject to any personaJ_ or pecuniary liability thereon. Adopted: November 5, 1979. - ' r Mayor � � Attest: City Glerk The motion for the adoption of the foregoing zesolution was duly seconcied by Nember , and - upon vote being taken thereon, the following vote�l in tavor therof: and the following voted ac�ainst the same: whereupon the resolution was declared duly passed and adopted. � � T0: CITY MANAGER AND CITY COUNCIL � FROM: MARVIN C. BRUNSELL DATE: NOVEMBER 1, 1g7g SUBJECT: RESOLU710N CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 47G.O1, SUBD. 7B, REGARDING :PROPOSED PROJECT FOR ISSUANCE OF $700,000 INDUSTRIAL DEVELOPMEN'T REVENUE BOND, TO SIMER PUMP COMPANY The attached Resolution has the effect of ordering a Public Hearing on the matter of the issuance of $700,000 of industrial davelopment revenue bonds far Simer Pump Company. 7he Public Hearing is scheduled for , -� / ��'� �e �. � ���;�4� •�3�9'.. G-°.. ;�. , t � � ;.� � Attached for your information are the foliowing documents concerning this matter: l. City application form 2. Opinion of financial advisers Piper, Jaffray � Hopwoo�� dated 10/25/79 3. Preliminary opinior. of bond counsel, Faegre � Benson, datPd 11/6/79 Th�e company is presently situated at 5960 P1ain Sti�eet on approximately four acres of lar�d. They have 33,000 square feet in their present building. They inter.d to add 24,£300 syuare feet. They're presently renting 16,000 square feet in another city. 7his will be a private taan placement, with no bonds issued to the public. MCF3 : c Attach. �. �: Extract of Minutes of Meeting of the City Council of the City of Fridley� Minneso.ta Pursuant to due calz and notice thereof, a regular meeting of the City Council of the City of Fridley, P�innesota, was duly held at City Hall in said City on Monday, the 5th day of November, 1979, at o'clocic P.M. The following members were present: and the follo��ing were absent: * * * * * * * * * Councilman intrnduced and read in full the following writtern resolution and moved i�s adoption: RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 474.01, SUBD. 7b The motion for the adoption of t�he foregoing resolution was duly seconded by Councilman , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said reso]_ution was declared duly passed and adopted. 9A � , ; I I '� i i I il i ,. i � i. i �� i RESOLUTION C1ILLING FOR � PUBLIC HEARING PUR5LJANT TO MINNESOTA ' STATUTES, SECTION 474.01, SUBll. 7b ' � WHEREAS, a proposal has been made to this Council by Simer Pum Com an � p p y, a Minnesota corporation (the "Cornpany"), to . undertake a project (the "Project") pursuant to the Minnesota �•� Municipal Industrial Development Act, Minnesota Statiztes, Chapter 474 (the "Act"); and WHEREAS, the Project consi5t of the renovai�ion and ex- pansion of an existing manufacturing facility and thE: equipping thereof in the City of Fridley, Minnesota; and WHEREAS, Section 474.01, Subd. 7b, of the ��ct requires this Council to conduct a public hearing-on said proposal and to publish notice of said public hearing not less than �5 days nor more than 30 days priar to the date fixed for the he�►ring; and WHEREA5, the Cornpany has delivered to this Council a ! draft copy of a proposed appli�aL-ion to the Minnesota Corumissioner of Securities, together with all attachments and exhi.bits thereto, ' and said applicatio�, attachments and exhibits are naw on fiZe with the City Clerk; i NOW, THEREF02E, BE IT RESOLVED that: 1. A publi.c hearing shall be conducted by this Council � on the, proposal to undertake and finance the Projec� on Nau�mla�-r �� �!�.�� 2_�i�---�-97-�, at the City Ha11, at which hearing all part:ies who appear sha11 be giverz an opportunity to express theiz• views , with reapect ta said praposal; and 2. Notice of the time and place of hearing, and stating the general nature of the i'roject and an estimate of the principal amo�snt of bonds or other obligations to be issued to finance the Praject shall be published at J_east ance not less tha.n 7_5 days nor more than 30 days prior to the date fixed f.or the hea.ring, in the official newspaper and a newspaper of general circulation.of the City. The natice shall state that a draft copy of the proposed ap�lication to the Minnesota Commissioner of Securitieso together with �11 attachments and exhibits thereto, shall be available for public znspectian following the publication of such notice and sha11 specify the place and times where and when it wi11 be so available. Approved Mayor 4 Attest: City Clerk � NOTICE OF PUBLIC HEARING ON INDSTRIAL DEVELOPMENT PROJECT ON BEHALF OF SIMER PUMP COMPANY 9C � � � ► � � i �. � I � . . NOTICE IS HEREBY GIVEN that a public hear:ing sha11 ; be conducted by the City Council o� the City of Fridley, ; Minnesota on an industrial development project proposed to � be undertaken by the City and Simer Pump Company, a Minnesota ��.�/ � Corporation (the "Company" ), at the City Hall in sa_i.d Ci.ty �"��.L,!�` ` on Monday, the2-����--.�-�.-�����r; _-�-9-�-9 at°? <::: o' clock �.M. � The project is proposed to consist generally of the renovation and er.pansion of an existing manufacturing fac:ility in �he i City of Fr_idley, Minnesota and the acqu.is�tion. and :installation � of equipmen�L therefor, together with any required s:ite ; improvements. Under the propo�al, up to approximately ; $700F000 in principal amount �f Industrial Development ' Revenue Bond of the Ci.ty of Fridley will be issued i�o finance the project. A c3raft copy of the propos�d Ap�licat_i.on to ; the Minnesota Commissioner of Securities for the project, � together with all attachments and exhibits thereto, shall be available f_or pu;�l�c inspection f_oJ.lowing th.is publ�.catian of notice in the office of the City CJ_e k, r�onday through Fri�y, except Iegai holidays, from ,� o'clock A.M. to I �5 o`clock P.M. to and including the date of hearing. Dated ��" �y , 1979. nY ORD�R OI� THE CITY COUNCIL City Clerk STATE OF MINNESOTA ) ) SS.. COUNTY OF ANOKA ) I, the undersigned, being the duly qualified and acting City Clerk of the Ci.ty of Fridley, P�innesota, d�o hereby certify that the attached extract of minutes of a regular meeting of the City Council of said City held November 5, 1979, is a full, true and correct transcript therefrom insofar as the same relates to an industrial development project to be undertaken pursuant to Chapter 474, Minnesota Statutes, by the City and Sim�r Pump Company. WITNESS My hand and seal officially as said �ity Clerk this day of , 1979. (SEal} City Clerk � 6�31 U�Ivcrsity Av. N.�. Fridley, NN 55ti32 �� CI'tY OF FRIDLEY, MINPJESOTA � „._.����,�.-�- - - -�_ . � �i��/INCC �Ef'hRTMEfr i TY ,,,�..,a ._ .-�,� _ --�� . � ' ' _z _ � ► � ► z � ' .�1 _ _ t �i � SUSINESS NAME: 5imer Pump Compan� _ IOCATtOtJ: 59�0 ain ���,al�. TYPE (Partnership, etc.) Cor�oratian (bt2) 57�-3�+5� 9 E 0 LAND $ ��� BUlLO(NG $ 55�.�?��_ EQU I PMENT S � p��oc� 07NER $ 1�0 c�vv REPR�SENTATIVE: Lozen J. Simer Jr, ___ TI�TAL $ 7 0 0 �� TELEPFIONE: 571-5666 � � NATURE OF BUSINESS: ManufacturinQ �Ar�� ,�(1��,C79 ..e - - -- _ - —� • ., �NlSTORY 0�° APPC.iCANT 1. Have yau ever filed for bankruptcy? �o . . . ........ .. ......... . .. ,.�. - - - - 2. Fi��a you ever defaul ted ori any bond v�° mortgage commi �ment? l�4 �___ _____ 3. Have yau ap� 1 i ed �or ccanven t i csna 1� i n�nc i ng? � ��c� .. .. .... �. What are yaur future plans? - W� t�1_an to expana acyr ��,�,�,c�,.� Fs?rc� at this l:o�a�it�n to. a pxo�:�matel. 250 em 10 ees �i�hi�?��,..h.,,��:�,, �� v��G 5. �ist financiat references: ' � aj Th�T' x'd I�o t��J �{ ,,,rn N��at-i Qrta1 R�nk _ 4�� i�' ���1�.�� 1L�3FP � IMF..]�-- 5�5�25 _ b� � . . - - - . . c) -- — - -- 6. Other comments pertinent to your ap�l ication: We are Gu��entl��g�,,s�c�_ _ 16,Q00 sq. ft. of warehaus� in anothez- .,.u?�21),r.�.��nd�r a t�rt- t-Prm 1pASp � due to lack o� space i� pt�r F'Ga.diev x��,�,D�. -_� . r� ~ s 0 � (Go�7�:{.,�cu�{ o,i o.t ic���. �, i.de. � � , .. 0 ItJFORMA710N CONCERNING APPLICANI''S PROPOSED PROJGCT r 1. fs the praposed project a new facllity or expansion of an extsting facility? __._F�:�an�i�n o£ exist�.nq f�cilitv. 2. industriai/Commerclal/Retai l : _zndustrxal 3. What 1s the number o� new Jabs estimatied to become available as a result of • �tha pro�osed project? �.� — �� �. `Esttmated annuat sates: �979/8Q �1:CrOQ0�000 � '9F j i 1 � . � i � � � , � . � : .. 5. Potenttal othsr us�s of propos�d �aciTltye GP�ae�'a�. Pu�o;;� Manu�actur�_ng 6. �t�i11 this fact�ity attract ather .reiated tr��ustrie� to Frtdley?� �.��I��.� .,,���n��._.�?._n.a.�,.���1 ��' ���-..��.� .�'�.� .� i� are��.ea. busin�ss ,_,,,�,��?- t'�=�� �.�.�'�.�.5'��.�:�.�.�,.�����.��a� �5 r --- �e �di 1 1 the. proposed f i nanc i ng I�e, a t�x-e�emp�t mart�ag�., �ub 1 i c E�ond sal e, or •.. private band placemenfi? 4_rx.���r. . c� �a h� �'i�r��� n��,��.�.�DIQal.�� - , 8. 1Jhat are the prapa�ed financing arrangemant5? P�.�� �Taffx�.v,,,.,�.�a�s _ to s�11 bond �e� a�e �.i�v�itut�.pl�al v�ndor . paee: 10/24/79 e � , . Signed: � (Titlej 0 i■ i s - : 'FAEGRE 8� BENSON 1300 NORTMWESTERN BANK BUILDINO MINNEAPOli3. MINN£SOTA 55402 612/371-8300 November 6, 1979 � Minnesota Commissa.on�r of Securities Minnesota Department of Commerce Securities Division 50� Metro Square BuiZding St. Paul, Minnesota 55101 � Re: $700,000 Cit� of Fridley Indu�trial Develapment Revenue Bond (Simer Pump ' Company Project) Dear Commissioner: It is our opinion as bond counsel for the above- captioned issue that the pxoposed �roject described in the Application for Approva.l he.rewith constitutes a"proje:ct" within the meaning of Minnesota Statutes, Sectior� 474.02, Subdivision 1, and that, rahen issued, the bond k=i�.l be a . . valid and binding instrum�nt �n accordance with its tErmsr assuming valid authorization. Very truly yours, � FA�GRE & BENSON � By `Z� �%�,w � ' . ��' ��% 9G 800 Multif�ocJs E3uilding 9 � 733 M�uqucuc Avcnuc Minnea�x>I;is, Minncsota 55402 612/371-GI1! � " ) �'i�r,.J�ray � Hopwood . .. . IMCONPOMIE� Eateblishsd 1895 MamDsr New York Stock ExcAenye, Inc. October 25, 1979 Honorable Mayor and City Council City Hall Fridley, Minnesota 55432 . Re: Proposed Issuance of $700,000 Industrial Development Revenue Bonds of the City of Fridley, Minnesata (Simer Fump Campany) Gentlemen: At the request of Simer Pump Company, we have conducted a study of the preliminary fsasibility of the proposaZ that the City of Fridle}� issue its revenue bond.s under thr� pravisic�ns af the Minnesota i4uaicip��1 Industrial Development Act to provide funds for building and eqc�ipping an addition to the Simer Pump Company facility Iocated within ttie City af T'ridley. . It is our opinion t.iat on. the basis of current financial condiai.ons, the Praject is economically feasibie and ihe revenue bond(s) of the City can be successfully issued.and sold. tde propose to purchase said bands, subject ta approval of th� Project by the City of Fridley and the Minne�;ota Commis- sioner of Securi.ties and agreements as to the terms ar.�cl eonditicons of the Loan Agreement and Bond Piirchase Agreement. We understand a copy of rhis letter will be for�4arded by the Fri.dley City Clerlc to the Com��nissioner of Securi.ties of �he State of Minnesot:a to serve as t�ie letter of intent required by the Commissiar.er. � Very truly yours, PIPER, JAFFRAY & HOPWOOD INC,O;tPORATED -- . �� ,� r�--------.�� � a 0 � The resolution to be considered is pertaining to the Fridley Community Crime Prevention Projec�. Previously, on February 5, 1979, tfie �ity Council authorized the Department of Public Safety through its named authorized official, Public Safety Director James P. Hili, to apply to the Governor's Comrnission on Crime Preverition and Control for funding on behalf of the City of Fridley. At this time, the formality of final consideration to gr.ant applicants is in progress. Our appl�.cation is one of those being so considered. It is, tY�erefore, necessary for the City Counc;il to give to the Department of Public Safety and its Director, James P. Hi�I, the authority to execute the grant agreement and the subsequent grant contracte This, basically, assures the State that we will, in fact, accept the funding and use it �n the appropriate manor described in our grant application. 10 10 A RESOLUTION N0. - 1979 ' "' RESOLUTION AUTHORIZING SUBMISSION OF THE GRANT APPLICA�fION AND EXECUTION OF iHE GRANT AGREEMENT w � . ��� 4 BE IT RESOLVED that the Fridley City Counci7 act as sponsoring unit of �i�4'�� government and grantee for the project titled Fridley Community Crime''to be conducted by Department of Public Safety during the period f rom the lst day of January �� through the 31st day of December 1980. NOW, THEREFORE, James P. Hill, Public Safety Director, is hereb;y authorized 1;o apply to the Governor's Commission on Crime Prevention and Control for funding of the project and execute such agreements as are necessary to implement the project on behalf of Fridley City Council. PASSED AND ADOPTEO QY THE CITY COUNCIL OF THE CITY OF FRIDLEY TI1IS DAY OF , 1979. WILLIAM J. f�EE - NAYOR ATTEST: CITY CLER!< - MARUIN G. BRUNSELL � ll T0; ��.TY MANAGER AND CITY COUNCIL ,.,.„ FROM: MARVIN C, BRUNSELL DATE: OCTOBER 30, 197g , RE: TRANSFERS FROM THE PUBLIC UTI.LITY FUND ANI) THE SPECIAL ASSESSMENT REVOLVING FUND �80� TO VARIOUS BOND FUNDS Th.e attached resolution makes the required transfers from the Public Utility Fund and the Special Assessment Fund to three bond funds for the purpose of ineeting debt service requirements for the year i980. Two of these bond funds have t�3x levies on � file at the County which we will cancel (.see attached letter�, Thi.s resolution has been prepared in the sams manner as resolutions in past years. MCB:c � __...._ . _.� _ ; �� � .. . _.-_-�-- �.. . ,` �� 11 A . if� � jr, ._......<.�'..1 .! J� r . • • �s.�U� Ei � C�od� �r � 4'"'711! '' ���1� i � �...,..�..��..,�• �.. ' ! �..��` f,431 UPdIVERSI7Y AVENU� �f.E., FRIDLEY. MiNNES07A 55432 � e. �i � .. . + � 7ELEP'H03�E ( 612j5Tt-3450 : � , l . . . �, �,Z �. ��;t.. . ,:-� � October 30, 1 g79 _ :� `� Mr. Gordon LeF'ebvre . � � ' . � - � � , -+ f� . Rnoka County Auditor . � _ ' - . . :.� �= . County Courthouse _.. . � - � : �_ • I� . . Anoka, Minnesota 553�3 '- - - .. , .� � R�: Canceled tax levies far bond issues - . • Dear Mr. LeFebvre: - , . Regarding your inquiry concerning tax levies for three bond . issues, ! am furnishing you with the following inforr�ation: The.tax tevy in the amaunt of $66,100 collectible in 198�, for •� the•$780,000 waterwarks bond d�ted tday t, 1965 sh��uld be _-_- -- � canceled."°`The-=C�ty-has'°suffic°ient°funds=`orr�tiaR�ci`to meet�tiie�--- _- payment in 1980 withoufi the tax levy.• The tax levy in the amount of $Iti,000 for the $99a,000 �. improvement bond dated January i, 1963 shauld be �canceled. - .� --_ _- .- . _ . _ . - -- - _ _ _v . __ -TE�e: � t-ty-=ha-s;-sirff-: ci �rxr= �urrd�-csn=[�rc�-=ti�=m�et`-:t�i-s� bond�=�_:---=�-_-__--- = � -- .. __ . - ° payment taitho«t levying taxes. The�$39,900 t�x Tevy for the Civic Center bonds dated May 1, . 1965 should be reduced to $38,800 as per Council resolutian. i �� Yours truly, � . n �� ����`�`���� Marv�n C. Br�nsell Asst. City Mgr./Fin. Dir. %iC�: C ' cc: "Nasim Qureshi Cit Mana er � Y 9 City Council 6 . _ � ; . �! RESOLUTION N0. - 1979 A RESOLUTION AUTHORIZING TRANSFERS FROM THE PUBLIC UTILITY FUND AND THE REVOLVING FUND TO W-75 WATER WORKS IMPROVEMENT BOND FUND, WATER REFUNDIfJG BONDS OF 1975 FUND, AND SPECIAL ASSESSMENTS REFUNDING BONDS OF 19G4 WHEREAS, Tax levies have been adopted and filed with the County., or transfers into bond funtls are necessary to provide the required amount of money in certain improvement bond funds, NOW, THEREFORE, BE IT RESOLVED, By the City Councal of the City of Fridley, meeting at a regular session on the 5th day of November as follows: 1. That a transfer from the Public Utility Operating F-und to the Water Refunding Bond Fund W-75 in the amount of �3fi,662 for the purpose of e1iminating the tax levy for the year 1979 collectible in the year 1980, is authorized. 2. That a transfer from the Public Utility Operating F�und to the Water Refunding Bonds of 1975 Fund in the amount of $51,926 for the purpose of eliminating the tax levy for the ye�r 1979, collectibie in the year 1980, is authorized. 3. That a transfer from the Public Utility Fund to the Refunding ' �onds of 1964 in the amount of $4,748 for the purpose of eliminating the tax levy for the year 1979 collectibe in ihe year 1980, is authorized. 4. That a transfer of the 1979 collections from Service Connections by �he Special Assessment Revolving Fund (80) to the Refunding Bonds of 1964 for the purpose of eliminating the tax levy for they year 1979, collectible in 1980 is authorized. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 1979. WILLIAM J. NEE - MAYOR RTTE 5T : CITY CLERK - MARVIN C. BRUNSELL 11 B PURPOSE � FOR MEETING DEBT SERVICE REQUIREMENTS FOR IMPROVEMENT FUNDS FOR THE YEAR 1980 � TO BE T RANS- A1IAILABLE FROM FERRED FROM SERVICE CONNEC- PUBLIC UTILITY � FUND REQUIREMENTS TIONS IN 1979 FUND TAX LEVY W-75 (4Jater Refunding) Water Refunding Bonds of 1975 Refund Bonds of 1964 0 $ 38,662 51,926 29,�i30 $120,418 $ 25 ,082 $25,082 To be pai d by Uti 1 ity Fund To be paid by Se rvice Connections $38,662 51 ,926 4,748 $95,336 ' 1� C Not Scheduled $ 95,336 25,082 $120,418 � RESOLUTION N0. A RESOLUTION TO ADVERTISE FOR BIDS for ANIMAL CONTROL BE IT RESOLVED, By the Couricil 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 mate�eials. ANIMAL CONTROL 2. A copy of the specifications for the above described items and materials, together with a proposal for the methoa 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 th�. method of acquisi.tion and payment to be rec{uired by the City with respect to the acquisi_tion of said items a.nd materials. 3. 'I'he purchase of said items and materials as described above sha11 be effected by sealed bids to be received and opened by the City of Fridley on the 20th day of November, 1979 at 11:00 a.m. The City D;anager is directed and authorized to advertise for the�purchase of said items and materials by sealed bid pro�osals under notice as provided by law and the Charter of the City of Fxidley, the no�ice to be substantially in £orm as that shown by �xhibit "A" attached hereto and made a part of by reference. Said notice shall be pub�lished at least twice in the official newspaper of the City of Fri�dley. PASSED AND ADOPT�D BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. n MAYOR - WTLLIAM .:f. NEE ATTEST: CI'TY CLERK - A'lARVIN C. BRUNSCLL � CITY OF rRI�DLCY �� �� BID NOTICE for ANIMAL CONTROL EXHIBIT "A" The City Council of the City of Fridley, Minnesota will accept sealed bids for Animal Controi. Such bids will be received by the City Manager's office no later than November 20, 1979 until 11:00 a.m. on the said date at the Fridley City Hall, 6431 University Avenue Northeast, Fridley, Minnesota; Telephone 571-3450, for the term of January 1, 1980 to December 31, 198Q. The City reserves the right to reject any bicls and to waive any irregularities or informalities in the bidding. The City reserves the right to accept the bid which is determined to be in the best interests of the City. The City res¢•rves the right to reject any and a11 bids and waive any informalities or technicalities in any bid xeceived without explanation. Copies of the specifications and general conditions may Ue examined in the office of the Purchasinb Agent, or copies may be obtained from this office. All bids must be submitted in sealed envelopes and plainly marked on the outside with "Animal Control". u PUBLISH: November 7, 1979 November 14, 1979 NASIM QURESHI City Managex 12A 13 RESOLUTION N0. A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTI- MATES OF THE COSTS TNEREOF: STREET, WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT N0. 1980-1�' ....,. BE IT RESOLVED, by the City Council of the City of Fridley as follows: .. 1. That it appears in the interests of the City and of the pr�operty owners affected that there be constructed certain improvements, t�-wit: Street improvements, including grading, stabilized base, h�ot mix bituminous mat, watermai►�s, sanitary sewer laterals and st�rm sewer, and appurtenances located as foilows: Siverts Lane 69th Avenue N.E. to the south 650 feet 2. That the Acting Public Works Director, Nasim M. Qureshi, City Hall, Fridley, Minnesota, is hereby authorized and directed to draw the pre- liminary plans and specifications and to tabulate the resu'its of his estimates of the costs of said improvements, including eve�y item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financ�ing thereof and to make a preliminary reaort of his findings, stating �therein whether said improvements are feasible and whether they can best be made as proposed, rn° i n connect i on vri th some other i m�?rovernen�;s (and the estir�ated cost as recorrrmended), including also a descr�iption of the lands or area as may receive benefits therefrom and as may be pro- posed to be assessed. 3. That said preliminary report of the En�ineer shall be furn'�sheci to the City Council. ADOPTED �Y TFiE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. MAYOR - WILLIAM J. NEE ATTEST: CI7Y CLERK - MARVIN C. BRUNSELL RESOLUTION N0. A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPRC�VEMENTS: STREET, SEWER AND WATER IMPROVEMENT PROJECT N0. 1980-� •• WHEREAS, the construction of certain improvement is deemed to be in the interest of the City of Fridley and the property owners aff'ected there- by. BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. Tha�t the preliminary report submit�ed by the Acting Public Works Dir�ctor �S hereby received and accepted. 2o That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of ass�ssments as may be proposed rPlative there- to against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately accord- ing to the benefits received. 4. That tl�e estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected there- by a�t any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. That the City Clerk is authorized and directed to give notice of such public hearing by pub7ishing a notice thereof irt th� official news- paper of the City of Fridley and by mai1ed notices to all the property owners whose property is liable to be assessed with the making of these improvements according to law, suc� notice to be substantially in form and substance of the notice attached hereto as Exhibit "A". 6. That this Council will meet on the 19th �ay of Novemb�r , 1979 at 7:30 o'clock p.m. at the City Hall in the City of Fridle� for the purpose of holding a public hearing on the impravement noted in the notice attached hereto an made a part thereof by reference, Exhibit "A". ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. ATTEST: CITY CLERK - MARVIN C. aRUNSELL MAYOR - WILLIAM J. NEE ' 1� PUBLIC HEARING '� �" BEFORE THE FRIDLEY CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Ave- nue Northeast on Monday, November 19, 1979, in the Council Chamber at 7:30 p.m, for the purpose of: Street, Sewer and Water Impravements to Siverts Lane, from 69th Avenue N.E. to the south Estimated Cost . . . . . . . . $38,500.00 All of the land abutting said street will be assessed proportionately according to the benefits received by the improvement. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: November 7, 1979 Navember 14, 1979 14 A , . � 15 MN/DOT 30182(Revised 10/79) RE50LUTION WHEREAS, plans for Project No. S.P. 02-601-23 showing proposed alignment, profiles, grades and cross-sections for the construction, reconstruction or improvement of County S'�tate-Aid Highway No. 1 within the li.mits oi the City as a(Federal) (� (� Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things approved. Dated this , day of _, 19 CERTIFICATION State af Minnesota County of Anoka city ot Fridle� I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by th� City Council of Fridley, Mi.nnesota at a meeti�g thereof held in the City of Fridley , M:innesota, on the day of , 19 _ , as disclosed by the records of said City in my possession. (Seal) FOR CONCURRENCE BY THE CITY COUNCIL - November 5, 1979 _ HALVORSON CONSTRUCTION 4227 - 165th Avenue N. E. Wyomi ng, h1i nn. 55092 Partial Estimate #10 - 1979 Miscellaneous Curb & Gutter Contract SMITH, JUSTER, FEIKEP�IA, MALMOM & HASKVITZ, ATTORNEYS AT LAW 1250 Builders Exchange Bldg. Minneapolis, Minn. 55402 " ESTIPIATES For legal services rendered as Prosecutor during October 1979 � $,2,160. 00 $2,580.00 16 � 16 � STATEMENT SMITH, JUS7FR, FEIKEMA, MALMON & HASKVITZ ATTORNEYS AT LAW ' 1250 BUtLDERS EXCHANGE BLDG. • MINNEAPOLIS, MINNESOTA 55402 SUBURBA�I OFFICE 339-1481 FRI DL.EY i �Ci ty of Fri d 1 ey � 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, L City Manager J � C�N PLEqSE RE7URN THIS PORTION WITH YOUR PAYMENT � . .. .. . . . . . . . .. _ ._"_... .. . _ .. ..... _... _.. . . _ _ .... . . . DATE � � • a 0 BALANCE ! i FORWARDED FROM LAST STATEMENT � 10-31-79 For 1ega1 ser��ices rendered as C'rosecutor for � the City of Fridley during October, 1979, Representation of City of Fridley in 2 jury trials, 18 jury trial appearances and 28 court trials. (41 hours ) ; Processing camplaints including citizen inquiries , and preparation of 86 for•mal complaints. (21 hours) Total Time - (62 hours) October, 1979 Retainer $1,300.00 $1,300.00 Time in excess of 30 hours (�z nours) ��,2s0000 �2,5f�o.00 SMITH, JUSTER, FEIKEMA, MALMON & HASKVITZ ATTORNEYS AT LAW � � _.. _ _ , , . � %..__ _ -, �, 17 f�> � F.OR CONCURRCMCE E3Y THE CIT'�' COUNClL -� LI�E"�SES ..:..._� � _ ___:.___ . T�pr e of License: . B� . Approved By: •,�, Fee: C�arette � . Fridley Mr. Steak Duane Straley James P. Hill � ��� 5895 University Ave. N.E. � . Public Saf,et;y Director� ,$12.Q0 Fri�dley, Mn. 55432 ' . !' ' � 0 . j . �� � ��� . ,, ' l7A t} F�.OR CONCURRL"NCE 3Y Tf-fE CtTY COUNCIL - LICF�'1SES - November 5,.1979 � MULTIPLE DWELLING . ER - ADDRESS U�fITS FEE APPROVED QY Mr�. & Mrs. Roger Slesi & Mr�. & Mrs. Ral ph Ward 28�12 64th Ave. N. Mp�l s, MN 55430 Gordon J. Aspenson 17 Rice Creek Way Fridley, MN 55432 Dale & Bernadette Knott 2000 Fairway Dr. Mpls, MN 55421 Mr. & Mrs. Arnold Elmquist 81��0 Long Lake Road NE Mp'1 s, h1N 55432 Mr„ & Mrs. Arnold Elmquist sanae address as above Mr. & Mrs. Arnold Elmquist sanle address as above Mr. & h1rs. Arnold Elmquist same address as above Mr. & Mrs. Arnold Elmquist samie address as abave Duane L. Schwartz 2525 - 118th Ave. NW Coon Rapids, MN 55433 Larry G. Noble 950 Hwy. 10 NE Mp1s, MN 55432 Mar!garet Hendley 118 NE Craig Way Fri ��1 ey, P1N. 55432 Carol E. & James J. Pineault 585'I Central Ave. NE Friciley, MN 55432 Brya�n Kingsriter & F. C►uane Hui e 850 W. Moore Lake Drive Mpls, MN 55432 5848 - 2nd St. NE 6510 - 2nd St. NE 5980 - 2 2 St. NE 4901 - 3rd St. fdE 4913 - 3rd St. NE 4921 - 3rd St. NE 4939 - 3rd St. NE �4949 - 3rd St. NE 5347-49 - 4th St. NE 5419 - 4th S�. NE 5800 - 4th St. NE 5420 -- 5th Si. NE 5428 - 5th St. NE Page 1 8 $40. 00 3 30.00 4 30.00 7 30.00 7 30.00 7 30.00 7 30.00 7 30.00 3 30.00 4 30. 00 4 ;30. 00 4 . �0.00 4 30.00 � Steven J. O1son,I Environ.Offi cei° Steven J. 01son,' Environ.Officer Steven J. Olson,l Environ.Officer Steven J. Ol�on, Environ.Officer Steven J. Olson, ' Environ.Officer Steven J. Olsan. Environ.Officer� Steven J. Olson, Environ.Officer Steven J. Olsor.,' Environ.Officer St�ven J. Olson, ' Environ.Officer Steven J. Olson, I Environ.Officer Steven J. Olson, I Environ.Officer Steven J. Olson, I Environ.Officer Steven J. Olson, Environ.Officer � � . ���' � �, � � l7 � �0 F.OR CONCUt�RL'NCE �3Y 1"f-�E CITY CO.UNCIL. - LICF�`�SES � November,5,. 1979 . • MULT]:PLE DWELLING . - ,. . OWNER � ADDRESS UNITS . FEE APPROVED BY • . ._ _. Fridley Apartmenis 6303-6305 - 5th St. NE 2 �20.00 Steven J. Olson, Suite 2030 Environ.Officer 7°00 Xerxes Ave. So. Bloomington, MN 55431 Fridley Apartments same address as above Fridley Apartments same address as above Fridley Apartments same address as above Fridley Apartments same address as above Fridley Apartments same address as above Fridley Apartments same address as above Fridley Apartments same address as above Fridley Apartments same address as above Fridley Apartments same address as above Fridley Apartments same address as above James Lund 4606 Chicago Ave. So. Mpls, MN 55407 James Lund same address as above James Lund same address as above James Lund same address as above Fit-Bar En�erprises 5217 idayzata alvd., Suite 108 Mpls, MN 55416 6311-6329 - 5th St. NE 6337-6339 - 5th St. NE 6347-6365 - 5th St. NE 6401-6403 - 5th St. NE 6409-6427 - 5th St. NE 6431-6433 - 5th St. NE 6437-6455 - 5th St. NE 16 2 16 2 16 2 16 16459-6461 - 5th St. NE 2 6565-6483 - 5th St. PIE 6487-6489 - 5th St. NE 1Q50 - 52nd Ave. NE 1090 - 52nd Ave. NE 1120 - 52nd Ave. NE 1170 - 52nd Rve. NE 151 - 59 2 Way NE -2- 16 2 1b 16 16 16 12 0 46.00 Steven J. Olson, Environ.Officer 20.00 Steven J.Olson, Environ.Officer 46.00 Steven J. Olson, Environ.Officer 20.00 Steven J. Olson, Environ.Officer 46.00 Steven J. 07son5 Environ.Officer 20.00 Steven J. Olson, Environ.Officer 46.00 Steven J. 01son. Environ.Officet° 20.00 Steven J. Olson, Environ.Officer 46.00 Steven J. Olson, Environ.Officer 20.00 Steven J. Olson, Environ.Officer 46.00 Steven J. Olson, Environ.Officer �46. 00 �6.OQ ��6, 00 40.00 Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Qlson, Environ.Officer Steven J. Olson, Environ.Officer _ , _ _, . . �� , ' , `� F.Of� CONCU[�RCNCE BY 7f-iE CITY COUNCIL - LIC�'JSES � November.5, 1979 • MULT:[PLE Dt•JELLING . - - ,- �.:....,. nwNFR � ' . Afl(1DCCC �ie�rrc� rre- , Otto Westenfield P.O. Box 32021 Fridley, MN 55432 Gary D. & Joan M. Towne 5600 Matterhorn Drive Fridley, MN 55432 Otto Westenfield P.O. Box 32021 Fridley, MN 55432 Cux Harbor c/o Tycon Mgt. 321 S.E. University Ave. Mpls, MN 55414 Tycon Mgt. 321 S.E. University Ave. Mpls, MN 55414 Otto Westenfield P.O. Box 32021 Fridley, MN 55432 Hirsch-Newman Company 520 Shelard Tower 600 S. County Road 18 Mpls, MN 55426 Hirsch-Newman Company same address as above Hirsch-Newman Company same address as above Hirsch-Newman Company same address as above Hirsch-Newman Company same address as above Mr. & Mrs. Arnold Elmquist 8140 Long: Lake Road �NE Mpls, MN 55432 Mr. & Mrs. Arnold Elmquist same address as above Mr. & P1rs. Arnold Elmquist same address as above 110 - 61st Ave. NE 1441 - 73rd Ave. NE 361 - 74th Ave. NE 5950 East River Road 8 Y �40. 00 18 49.00 8 40.00 12 40.00 6540-50 East River Road 141 6551 East River Road 7805 East River Road . 7�25 East River Road 7845 East River Road 7875 East River Road 7895 East River Road 6370 Highway #65 NE 6417 Highway #65 NE 6393 Highway #65 NE -3- 11 59 59 59 59 59 15 8 7 233.50 40.00 110.50 110.50 17 0. 50 110.50 110,50 44. 50 40.00 30.00 l7 C APPROVED BY Stever� J. Olson, Environ.Officer Steven J. Olson,' Environ.Officer Steven J. Olson,' Environ.Officer Steven J. Olson, ' Environ.Officer Steven J.Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olsan, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer � , Ur/ __/ • • ' � � . : � � � l7 D U F.Of� CONCU�tRENCE E3Y TfIE CI7`t COUNCIL — LICE�VSES � � Paovember, 5, 1979 • M11L1'IPLE DWELLING , - -- � . OWNER •_ ADDRESS UNITS FEE APPR(1VF11 Rv Lowell L. Hancuh 2093 Fairways Lane Rosevi]le, MN LaVerne E. Dingley 5621 Camden Ave. No. Brooklyn Center, MN 55430 Fridley Apartments Suite 2030 7900 Xerxes Ave. So. Bloomington, MN 55437 Innsbruck North Associates 7286 No. 72nd Lane P�pl s, MN 55428 Gordon J. Aspenson 17 Rice Creek Way Fridley, MN 55432 J & B Properties 169 Crown Rd. Fridley, P�N 55421 Marvin K. & Evelyn J. Durben 8230 - 15 Ave. So. Bloomington, MN 55420 Mrs. Ruth L. Magnuson 625 Park Ave. Mahtomedi, MN 55115 William J. Urban 3090 Arthur St. Roseville, MN 55113 Richard T. Simmons 360 - 57th Ave. NE Fridley, MN 55432 WilJiam J. Urban 3090 Arthur St. Roseville, h1N 55113 6021 Main St. NE 6035 Main St. NE 460 Mississippi St. NE 4 . �. $30.00 4 30.00 103 176.50 1601 North Innsbruck Dr. 258 6489 Riverview Terrace NE 4 5339- 4th St. NE 5349-53 - 4th St. NE . 5830-32 - 4th St. NE 5932-34 - �th St. NE 360-6� 57th Ave. fdE 7313-15 Able St. NE Robert A. & Cathleen M. Kloiber 7325-2? Able St. NE 11577 Xavis St. NW Coon Rapids, MN 55433 Theodore R, or Delois C, Truehl 7365-67 Able St. NE 6044 - 4th St. NE Fridley, MN 55432 -4- �� � 1 2 1 Pa 2 � 409.00 30.00 20.00 20. 00 20.00 20. 00 25.00 �0.00 ;?0. 00 �'0. QO Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olsonl Environ.Officer Steven J. Olsan, Environ.Officer Steven J. Olson, Enviran.Officer Steven J. Olson, En��iron.Officer Steven J. Olsor, Environ.Officer Steven J. Ols�n Envi ron.Offi cer° Steven J. Olsona Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ,Off7cer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer . �� • . ', ' , 0 F.OR CONCURREi�10E SY Tf-iE CITY COUNCfL .— LICEi�SES � November 5, 1�979 " � MULT��PLE DWELLING �7 L OWNER ' AUDRESS UNITS FEE APPROVED BY , Marvey A. Mayer 7431 Able St. NE Fridley, MN 55432 Karen Hornsten 10916 Mississippi Dr. Champlin, MN 55316 Kenneth Landborg 15354 Fillmore St. NE Anoka, MN 55303 William G. Shields 1300 Skywood Court Mpls, MN 55421 Clarence A. & h1ildred J. Larson 1150 - 107th Ave. NE Blaine, P�N 55434 Mary L. Hanson 7851 Firwood Way NE Fridley, MN 55432 John M. Chura 5973 Mai n St. hjE Fridley, P1n 55432 S. K. Madireddi 11542 Gentilly Rd. Maple Grove, MN 55369 Donovan L. & Sharry J. Elias 7390 Concerto Curve Fridley, h1N 55432 Donovan L. & Sharry J. Elias same address as above Vernon L. Fuechtmann 5872 Washin�ton St. NE Fridley, MN 55432 Duane Levandowski 6361 Pierce St. IV� � Fridley, MN 55432 Ray h�. Burchett 6100 Star Lane NE Fridley, MN 55432 . . Mr. & Mrs. Robert J. Anderson 6164 Star Lane NE Fri dl ey, t�1N 55432 7431-33 Able St. NE 6190-92 East River Rd. 7320-22 Evert Court NE 5355 Fillmore St. NE 1321-23 Fireside Dr, NE 7851 Fi r�NOOd t�ay NE 5971-73 P1ain St. NE 123C-32 NortQn Ave. ��E 1240-42 Norton Ave. NE 7 250-52 Norton Ave, t�E 6335- Pierce St. NE 6361- Pierce St. NE 6100- Star Lane NE 6160-6�4 Star Lane NE �l•� 1 ._ �• �20. 00 2 20. 00 2 20. 00 2 20.00 2 20.00 2 20.00 1 20.00 1 2 2 r . 2 1 1 1 20.00 y 20. 00 M Steven J. Olson,' Environ.Officer Steven J. Olson,' Environ.Officer Steven J. Olson, Environ.Officer Steven.J. Olson, Environ.Officer Steven J. Olson, ' Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer 20.00 Steven J. Olson, Environ.Officer �0.00 Steven J. Olson, Environ.Officer �?0. 00 20.00 ?.0. 00 Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer Steven J. Olson, Environ.Officer FOR CONCURRENCE BY THE CITY COUNCIL _ �$ CLAIMS 0 CIA I M NUP�BERS 28512 - 304�J06 �