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05/17/1982 - 5267FRIDLEY CITY COUNCIL MEETING PLEASE SIGN N�ME hDQRESS AND ITEM NUMBER INTERESTED IN DATE: May 17, 1982 NAM� � ADDRESS ITEM NUMBER ., MEMO T0: �PUBLIC WORKS� — - r �� FRtDLEY CfTY COUNC 1 P. "fAY 17, 1482 �-- 7; 30 P.� 1, DEPARTMENT HEADS ' ' FCILLOWING ARE THE '�ACTIONS NEEDED". PLEASE HAVE YOUR ANSWERS BACK IN 7HE CITY MANAGER'S OFFICE �Y 7HE WEDNESDAY BEFORE THE NEXT REGUlJ�R COUNC i L MEET I NG . THANK YOU . m � J � A l�� APPROVAL OF MINUTES;� ' I COUNCIL MEETING OF�MAY 3, 1952 Approved A�OPTION OF AGEND�: Adopted as presented OPE�V FORUM,� V I S I TO �S ; 5 iCONSIDERATION OF ITEMS NOT ON AGENDA — IS MINUTES) No response PUBLIC HEARINGS;' PUBLIC HEARING ON REZONING REQUEST, ZOri #3Z-O2, TO REZONE FROM C-IS TO C-ZS TO MAKE ZONING CONSISTENT WITH usE, 6520, 6530 aND 6536 EAST RIVER ROAD, . .. . .. „ . .. , .. .. .. .. ROBERT SCHROER. � . � . . � � . � � , . , � , . . � , , , 1 — � H Hearing opened at 7:35 P.M. Closed at 8:05 P.M. After the pubiic f�earing Robert Schroer requested the Council receiv� his request for withdrawal of the rezoning request. The Council directed the staff to refund the application fee for the rezoning. ACTION NEEDED: !Vo furtfier action on rezoning request needed. 41ork with Finance to see that application fee is refunded - � TY ITY MANAGER SLIC YJORKS �PUBLIC ��Al�TNG CCorv-riNUEn) PUBLIC HEARING ON THE ASSESSMENT FOR STREET IMPROVE— MENT PROJ ECTS ST�,� 1981�1 AND $T ,� 1981—� . � . . . . � � Hearing opened at 8:05 P.M, Closed at 8:15 P.M. Resolution confirming assessment adopted -- see Item No. 10 OLD BUSI NESS�; . , 2-2A SECOND READING OF AN ORDINANCE ON REZONI:NG REQUEST ZOA #B�—O3, TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS �S-2), CITY OF FRIDLEY� � � � � , � � � � � � � � Ordinance No. 751 adopted on second reading ACTION NEEDED: Publish ordinance in Fridley Sun _ SECOND READING OF AN ORDINANCE_AMENDTNG CHAPTER ZOS OF THE FRIDLEY CITY CODE BY ADDING SECTION 205,23 ENTITLED $-2 SPECIAL DISTRICT� . . . . . . . . � �' Ordinance No. 750 adopted on second reading ACTION NEEDEO: Publish ordinance in Fridley Sun ti��-��,�� SECOND READING OF AN ORDINANCE TO AMEND THE CITY _ CODE OF THE CITY OF FRIDLEY, MIPJNESOTA BY MAKING A CHANGE IN ZONING DIS7RICTS, ZOA ��O—�2, 1�J01 HILL— WIND ROAD, TED BURANDT, DBA�SWING REALTY. �.��. , Tabled for one month i�CTION NEEDED: Put on the agenda of June 21, 1982 ,,,5-5A �0�� BUSINE�� CONTINUED) CONSIDERATION OF APPOINTMENTS TO HOUSING AND REDEVELOPMENT AUTHORITY AND ENERGY COMMISSION �TABi.ED ZIIIg� AND 5/3/82) , , , � .�. .� � � 1�1 , . � � . � � 6 Appointed Walter Rassmuson, 7806 A7den Way N.E. to Fridley Housing and Redevelopment Authority _ Appointed Todd D. Tessmer, 6890 Channel Rd� N.E., 574-1904, to the Energy Commission ITY MANAGER ACTION NEEDED: Inform new appointees of their appointment. Prepare Certificate of Appreciation for Russell Houck and inform him to attend meeting of June 7 �E�J BUSINESS;� RECEIVING PLANNING COMMISSION MINUTES OF ,� MAY 5, 1982 ,. ' ,. ; , ,,, ,,, , ,,, ,, , ,,, , , ,, . , , , . , , . . 7 - 7 E , , A. SORT banner for Recycling week..,..�. . . 7 B P.C. recommendation: City pay half cost of�$87�($43.50")• Council action needed: Consideration of recommendation Approved IC WORKS ACTION NEEDED: Inform Environmental Quality Commission of Council approval and work w�th Finance to see that the City pays for half the cost of the banner � PUBLIC WORKS I PUBLIC B. SORT oil recycling .. .. ............. .............. 7 C P.C, recommendation: City share 50/50 in�future profits with SORT Council action needed: Consideration of recommendation Approved ACTION NEEDED: Inform the Env. Quality Cor�mission of Council approval of proposal, and work with Finance on setting up procedure for sharing profits after $5,000 initial cost of installation RECEIVING CATV COMMISSION MINUTES OF APRIL 22, 1982� �� 8— g D Minutes received ACTION NEEDED: Fi1e for future reference , PJEW BUSINESS (CONTINllED) � CONSIDERATION OF A RESOLUTION CAL�ING FOR A PUBLIC HEARING ON A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO TNE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTNORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING �G � W � PASCHKE PROJECT NO � Z) � � � � � � � � � � • � � � 9 - 9 B Resolution No. 42�1982 adopted CENTRAL SERV ACTION NEEDED: Proceed with arrangements for public hearing on June 7, 1982 CENTRAL SERV �CENTRAL SERV CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECTS ST, 1981-1 AND ST,1981-2�,�,,,.;;,;,,.,.,,,,,,,,�,.,,, 10-10A Resolution No. 43-1982 adopted ACTION NEEDED: Forward assessment ro17 to proper authorities RESOLUTION DIRECTING THE PUBLICATION OF PUBLIC HEARING NOTICE ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST, 1979-4 AND RESOLUTIO�N DIRECTING THE PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT $T, 1979-4� ��. 11 - 11 � Resolution No. 44-1982 calling public hearing adopted Resolution No. 45-1982 to prepare assessment roll adopted ACTION NEEDED: proceed as authorized , � {�E�'� BUSINE�S �CONTINUED) CONSIDERATION OF TRAILER LICENSE FOR VIKING CHEV ROi��T �, %5O1 H I GHWAY NO � 65 � � . �.; . . � . . . . . IZ — IZ B Approved application with stipulation that it is for two year period PUBLIC WORKS ACTION NEEDED: Inform applicant of Council action CENTRAL SERV 0 CONSIDERATION OF JUNK YARD LICENSES� � � � . � � � � � 13 — 13 J Approved license for Central Auto Parts Sam's Auto Parts Salvage Center (all with stipulations) Tabled license for CAP (Chies Property) as requested by Mr. Flaherty ACTION NEEDED: Issue licenses as approved with stipulations.except for CAP-- Chies property LICENSES� � � � � � � � � � � , � � � � . � � � � � � . 1� — 14 C Approved CENTRAL SERV ACTION NEEDED: Issue licenses ' CLAIMS� � � � � � � � � � � � , � � , . � . � . � . � , 15 Approved ICENTRAL SERV ACTION NEEDED: Pay ciaims ICENTRAL SER ESTIMATES, , , , , , , , , , , , , , , , , , , , , , , 16 — 16 F Approved ACTION NEEDEii: Fay estimates ADJOUR"a;� 9:2o P.M. _ - r �� FRlDLEY CITY COUNC I L PLEDGE OF ALLEGIANCE�; APPROVAI� OF M I NUT�S �;� "iAY 17, 1482 -- 7; 30 P, � 1, COUNC I L MEET I NG OF� MAY 3, 1�`�2 A�OPT I O�V OF AGEND�� : OPE�V FORUM, VISITO"S; �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) PUBLIC��HEARINGS�; PUBLIC HEARING ON REZONING REQUEST, ZOA #�3Z-OZ, TO REZONE FROM C-IS TO C-~2S TO MAKE ZONING CONSISTENT .. WITH iJSE, 6520, 6530 arvD 6536 EAST RIVER ROAD, ROBERT SCHROER � � � � � � , � � � � � .�. � � .� � � � � � � 1 - 1 H �f'UBL.IC �[EARTNG CCoNTiNUEn) PUBLIC HEARING ON THE ASSESSMENT FOR STREET IMPROVE- MENT PROJECTS $T, 1981--1 AND $T,� 1981--2 � , . . . . . H OLD BUSIhESS�; SECOND READING OF AN ORDINANCE ON REZONiNG REQUEST ZOA #$?-O3, TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING . . .. .. .. DISTRICTS �S-2), CITY OF FRIDLEY� . � � � . � � � � , , 2 - 2 A ,,,3 _ SECOND READING OF AN ORDINANCE AMENDING CHAPTER ZO5 OF THE FRIDLEY CITY CODE BY ADDING SECTION 205,23 ENTITLED $-2 SPECIAL DISTRICT, � � � � . � � � . 4 . SECOND READING OF AN ORDINANCE TO AMEND THE CITY _ - . _ CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS, ZOA #�iO-a2, 1�J01 HILL- WIND ROAD, TED BURANDT,� DBA/SWING REALTY� ��_� , ...5�5A �0�.� BU$I�E�� CONTINUED) CONSIDERATION OF APPOINTMENTS TO HOUSING AND REDEVELOPMENT AUTHORITY AND ENERGY COMMISSION �TABLED ZIIISZ AND S/3/$Z). � . � � � � . , . � � . . . � 6 a ;�E�� BUSI�(ESS�; RECEIVING PLANNING COMMISSION MINUTES OF << MAY 5, 19 �2 , , , , , ,,. , , ,,. ,. , ,. , , ,. ,. , ,. , . . . , . 7 - 7 E A. SORT banner for Recycling week..�...... � . 7 B P.C. recominendation: City pay half cost of�$87�($43.50)� Council action needed: Consideration of recommendation 6. SORT oil recycling. .. ...�....... .............. 7 C P.C, recommendation: City share 50/5Q in�future profits with SORT Council action needed: Consideration of recommendation RECEIVING C,ATV COMMISSION MINUTES OF APRIL 22, 1982, �. g—$ D ; Pd�W BUSINESS iCONTINUED) CONSIDERATION OF A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRI�AL DEVELOPMENT ACT AUTHORIZING THE PUB�ICATION OF A NOTICE OF SAID HEARING iG�W� PASCHKE PROJECT N0� Z)� � � � � � � � � � � � 0 � � • • � _ CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECTS ST, 1981-1 AND ST. 1981-2�,� , , , ., ,. �,� , , �, . , , , , , , , �, , , . . 10 — 10 A RESOLUTION DIRECTING THE PUBLICATION OF PUBLIC HEARING NOTICE ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST, 1979-� AND RESOLUTION DIRECTING THE PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST, 1979--�� , . . 11-11C �E�� B�SINE�S �CONTINUED) CONSIDERATION OF TRAILER LICENSE FOR VIKING . . . . .. .. . _ CHEV ROLET�, %5O1 HIGHWAY N0. 65� � � � � � � . . . � � H CONSIDERATION OF JUNK YARD LICENSES� � . � . � � � � � 12-12B1 13-13J1 LICENSES� � , � , � � � . , � � � � � � . � � � � � . � 14 - 14 C � CLAIMS� � � � . � � < < , . � � � � . � � � � � � � � , 15 EST IMATES � . , . � , , . , � , , � , � . � , � . , , � � ADJOUR"� ;� 16-16F1 93 THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 3, 1952 T�e ReguTar Meeting of the Fridiey City Council was called to order at 7:30 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Ma�yor f(ee led the Counci] and sudience in the Pledge of Allegiance to the Flag. , ROLL CALL: �_. -MEMBERS PRESENT: F1�yor Nee, Councilman Barnette, Councilman Schneider, Councilman Fitzpatrick, and Councilman Hamernik �1EMBERS ABSENT: ��one PROCLAMATION: NATIONAL PUBLIC WORKS WEEK - MAY 23 - 29, 1982: Mayor Nee stated he has issued -a proclamation proclaiming the week of May 23 through Mdy 29 as National Public Works Week and expressed gratitude to the members of the Public Works Department for their service given to the community. APPROVAL OF �1INUTES: COUNCIL MEETING, APRIL 19, 1982: MOTION by Councilman Fitzpatrick to approve the minutes es presented. Seconded by Councilman Schneider. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimous7y. ADOPTION OF A6ENDA: k10TI0N by Councilman Hamernik to adopt the agenda as presented. Seconded by Councilman Fitzpatrick, Upon a voice vote, all votinq aye, Mayor Nee deciared the moticm carried unanimously. OPEN FORUM, VISITORS: PRESENTATION 8Y FRIDLEY JAYCEE'S: Dr. Boudreau, Director of Parks and Recreation, introduced Mr, Kurt Schrupp, President of the Fridley Ja�ycee s:, who presented a check in the amount of $'s,000 for the purchase of scoreboards in the new community park complex. Mr. Schrupp stated the philosophy of the Jaycees is to provide growth to the members through comnunity development and. in keeping with this philosophy, theirrpledge was for $6,000. He stated $3,000 was given last year and the $3,000 presented this evening is their final payment. All i�mbers of the Council extended their thanks and appreciation to the Jaycees for their contribution. Dr. Boudreau stated there are several groups in the City assisting in this community park endeavor and he appreciates their support. He stated if there is anyone who wishes to assist in this project, they may do so by contacting the City Ha�l. � ED WILMES: - Mr. Ed Wilmes appeared before the Council to personally thank his friends and the cortmunity for their heTp and support while he was going through a chemical dependency treatment program at the St. Cloud VA Hospital . s� r� : 1 � COUNCIL MEETING OF MAY 3, 1982 PAGE 2 Mr, Wilmes stated he received many letters from persons in the cortmunity, during his hospital stay; and one letter which came from Councilman Barnette. indicated there were many persons concerned and supporting him through this period. Mr, Wilmes stated he is proud to come fraa such a comnunity made up of persons who care enough to help and friends who are honest enough to tell you what your problem is, He stated he was thankful and grateful to the community for giving h�im back what he thought he had lost. OLD 661SINESS: CONSIDERATION OF APPOINTMENT TO ENERGY LOMMISSION (TABLED APRIL 19, 1982): MOTION by Councilman Hamernik to table the appointment to the Energy Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2 CONSIDERATION OF LOT SPLIT REQUEST LS #82-03, TO COMBINE INTO 3 LOTS, 110 AND 120 - 64', WAY A�JD 6430 EAST RIVER ROAD; D0�ltlA MILLER ABLED 4/19 82 Mr. Flora, Public Works Director, stated Mrs. Miller has requested a lot split to provide a 70 foot lot abutting East River Road, a 66 foot lot, and the remaining lot would be on the parcel where Mrs. Miller currently resides. Mr. Flora stated the City staff reviewed this property and has a number of concerns as normally a replatting would be required so that the necessary easements are dedicated. Mr. Flora stated staff has suggested an 80 foot frontage corner lot parallel- ing East River Road and a 75 foot lot adjacent to it. If the property is split this wdy, it leaves an 84 foot lot, with the existing building on it, and provides for.a 30 foot street and utility easement for future access to the large properties to the south. Mr. Flora felt access to Mrs. Miller's existing garage could be provided by establishing a joint drivewdy easement along the split property line, or by converting the existing garage to home use and constructing a new garage behind the existing house serviced off 64� Way. Mr. Flora stated he has met with Mrs. Miller and explained the platting process and necessary requirements, however, she is interested in dividing the property through the lot split process. Mrs. �iiller stated she visited all the persons in her block that would be concerned about a road easement and, at this point in time, not one person would be interested in acce:s. She stated she would like the Council to consider her request for a 70 foot corner lot, a 66 foot lot adjacent to it, and the remainder of the parcel to be her lot. �ir. Qureshi, City manager, stated if the property is going to be split, it should b.e platted so that proper easements be provided for future access. He stated the easement only provides the right of access a�d would not necessarily take the property, if there isn't a need for it in the future. He pointed out that properties do change and the people who live there now may not want access provided, however, this may not be the case if the property is sold. Mrs. Miller stated if an easement is provided, it would be subject to road assessments end would reduce the value of the property. Councilman Fitzpatrick felt one concern was if the road was ever developed, Mrs. Milier would be assessed. He felt if there was no benefit to her property, possibly there ►rould not be an assessment on it. He thought �trs. Miller might be reluctant to give the easement because there ma�y b�` a road assessment. _� � 1 COUNCIL MEETIN6 OF MAY 3, 1982 95 PAGE 3 Councilman Fitzpatrick felt the lot split would be��of some benefit to the City, as it would eliminate driveways off East River Road. Mrs. Miller stated one of her concerns is the possibility of a road assess- ment, however, she didn't want to sell�the 1ots and then have saneone have to pa�y for a road, after they �ought the property. She stated her original proposal was for zero lot lines which she felt would be nice for the neighbor- hood, but no matter�what she does, it involves an easement. Mr� Qureshi, C�ty Manager, felt it was the City's responsibility to provide � access. He stated if the Council wishes to acquire an easement and have no assessment imposed, un7ess the access is used, this can be put into the record. Councilman Fitzpatrick stated he would be prepared to move that they approve the sub-standard frontage width on the two lots and, in return, that an access of 30 feet be provided along the west edge of the property and also to give assurances that the property in question would not be assessed for a road improvement, unless they have access from it and use it. Councilman Schneider asked if they would be setting a precedent in approving the sub-standard lots. � Mr. Herrick, City Attorney, stated the Council has, in the past, given waivers on dimensions of lots. He felt the situation here was somewhat unique and didn't feel a waiver would camiit the Council to granting . waivers in other situations. Mr. Qureshi felt the matter of drainage should be taken into consideration as some of the area was low and it could be handled when the building permits are issued. Mr. Qureshi suggested, if the ]ot split is approved, the corner lot be 76 feet, the middle lot be 60 feet, and access be provided from 64� on the west edge of the corner lot and there be no access off East River Road. MOTION by Councilman Fitzpatrick to approve Lot Split �82-03 to combine into three lots, 110 and 120 and 140 64� Wa�y, with a 76 foot lot (110 64� Way) closest to East River Road, a middle lot of 60 feet (120 64� Way) and the existing parcel (140 64; Wa�y) where Mrs. Miller's home is located, to be 84 feet. Further, the westerly 30 feet is to be dedicated as a road and utility easement, with a 25 foot triangle at the intersection with 64� Way. All driveways and access for.these lots should be off 64� Way and the driveway on the 76 foot lot is to be on the west edge of the lot line, with a paved drivewa�y to the present garage located on the 84 foot lot. The drainage on the two new lots will have to be considered at the time building permits are issued and a variance for the square footage on the 60 foot lot is approved in conjunction with this lot split. Also, there will be no future assessment on Mrs. Miller's lot, unless she uses the street, if road improvement is needed to provide access to the south. Seconded by Councilman Schneider. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. The Council noted, from Mr. Flora's memo, that Mrs. Dliller must come in to apply for a vacation of the existing easement on her property, NEW BUSINE55: �' J CONSIDERATION OF FIRST READING OF AN ORDIHA�JCE M1E�1DI��G CHAPTER 205 OF THE FRIDLEY CITY CODE BV ADDIP�6 SECTIOW 205.23 ENTITLED S-2 S ECIAL DI RICT: � MOTION by Councilman Fitzpatrick to waive the reading and approve the ` ordinar�ce upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Ma�yor Nee decTared the motion carried unanimously. � 96� COUNCIL MEETIN6 OF MAY 3,'1882 'r 4 CONSIDERATION^OF FIRST.READING OF AN^ORDINAt�CE,TO'AMEND^THE^CITY PAGE 4 MOTION by Councilman Barnette to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, a7l voting a�ye, M�yor Nee declared the motion carried unanimously. ` �: • 5 REC�IVING PLANNING COMMISSION MINUTES OF APRIL 21, 1982: �`'" � A I�r. Flora, Public Works Director, stated First Bank Systems is requesting a special use permit for a steel frame building to house an automatic teller machine in �tenard's par-king lot. He stated the Planning Comnission has recorrmended approval of this request for a special use permit. F1r. Vern Wilcox, Assistant Vice President for First Bank System, Construction Division, presented a model of the proposed building to be located on Menard's site. Mr. Wilcox stated they are building these units, in conjunction with other banks, so this necessarily wouldn't be just a First Bank unit. � Councilman 5chneider felt there may be a problem of control and asked what mechanisms they were using.. Mr. Wilcox stated there are 19 points they are continually monitoring, including the security, and stated that vandalism hasn't been a problem. He pointed out there is no access to any cash in this building and there are phones in the building in the event it is necessary for a customer to commun�cate with someone regarding his banking 1 transaction, i Councilman Fitzpatrick felt there is a problem regarding the stop signs, as I you exit Dlenard's parking lot, as people do not observe them. Mr. Flora stated it is proposed that the banking unit would be primarity used during the hours when Menard's and the shopping center across the street are closed. Mr. Wilcox stated their high traffic volume is during non-banking and n�n-store hours. Mr. Qureshi, City �lanager, questioned whether enough light would be provided, as it was pointed out �lenard's dcesn't have any parking lot lights. Mr. Wilcox stated the building would be illuminated, however, the matter of lighting the lot is prnbably something they would have to check. Mr. Flora stated landscaping and curbing would be provided for this area. Mr. Wilcox stated they are presently negotiating for the landscaping and maintenance of the building. He pointed out they are concerned about appearances and keeping a well-maintained building. - � 97 COUNCIL MEETING OF MAY 3, 1982 PAGE 5 MOTIO� by Councilman Schneider to concur with the recomnendation of the Planning Cortmission and grant Special Use Permit #82-03 with the conditions that the adequate maintenance and additional parking lot lighting be provided if required and that the la�dscaping and curbing meet with the City staff's approval. Seconded by Councilman Barnette. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. 5 B CONSIDERATIO�� UF SPECIAL USE PERMIT, SP #82-04 TO ALLOW INSTALLATI OF 158 F00T RADIO COMMUNICATIONS ANTENNA, 972 CENTRAL AVENUE, � __ MEDTRONIC, GARY WEBER: Mr. Fiora, Pubiic Works Director, stated this is a request by Medtronics for a special use permit to install an antenna to serve as a radio cortmunications system for their security operations. He stated the antenna is proposed to be located behind their building in an area that will provide the best camouf]age for this antenna. Mr. Weber, Medtronics, Inc., stated the reaso� they need this height is to reach their facilities in neighboring suburbs. MOTION by Councilman Schneider to concur with the recommendation of the Planning Comnissi� and grant Special Use Permit, SP #82-04 to allow installation of a 158 foot radio camiunications antenna. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Matyor Nee decTared the motion carried unanimously. . 5 l.i PARIE A4J0 RECREATION COMMISSION MINUTES, APRIL 6, 1982: COt�SIDERATION OF PROPOSED SUMMER ACTIVITY FEE SCHEDULED: Dr. Boudreau, Director of Parks and Recreation, explained the increase in the summer fee schedule averaged about 10%. He pointed out they have the authority to waive the fee in the case of a hardship. � � MOTION by Councilman Schneider to concur with the recomnendation of � the Park and Recreation Commission and Planning Commission to approve the 1982 summer activity fee schedule. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIOF� OF SUNDAY SOFTBALL LEA6UE: Dr. Boudreau, Director of Parks and Recreation, stated the recortmendation from the Planning Comnission regarding Sunday night softball was they had no problems with it, if the games weren't played at Commons Park. Dr. Boudreau stated this year, after registration of the adult softball teams, it was found there were 12 teams whose needs were not being met as therff_wasn't room for these teams in tf�e Monday throuqh Thursda�y night league. Dr. Boudreau stated these teams were contacted, and six of them indicated they would be interested in playing on Sunda�y night. He stated the games woutd be played at Locke Park since two tournaments will be held at Commons this year. Dr. Boudreau stated they would like approval on a trial basis, if nec- essary, to see how this Sunday night league would work. He further � stated parking would be in the Columbia Arena parking lot and they _ would ask the team's cooperation in not parking on the residential streets. 0 : _.......�._. �-,._rr-�---..__,._<--- � yS. COUNCIL MEETING OF MAY 3, 1982 PAGE 6 MOTION by Councilman Hamernik to concur with the reca►mendation of the Park and Recreation Carmission and Planning Comnission to allow a Sunday night softball league from 5 to 8 p. m. at the Locke Park diamond. Seconded by Councilman Schneider. �Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to receive the minutes of the Planning Commission meeting of April 2i, 1982 and the Park and Recreation Cortmission meeting of April 6, 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried tinanimous1y. b RECIEVING CHARTER COMMISSION MINUTES OF MARCH 2, 1982: MOTION by Councilman Schneider to receive the minutes of the Charter Commission meeting of March 2, 1982. Seconded by Councilman Barnette. Upon a voice.vote, all��roting dye, Mayor Nee declared the motion carried unanimously. 7 COWSIDERATION OF^AUTHORIZING THE ADMI��ISTRATION^TO APPLY^FOR FUNDS MOTION by Councilman Fitzpatrick to authorize the administration to apply for funds for the development of the Riverview Heights Park Project under the provisions of the Federal Land and Water Conservation Fund Act.and the State Natural Resources Fund. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, �layor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, pointed out if the grant is approved, the City would have to provide matching funds. �• g RESOLUTION N0. 39-1982 PROVIDING FOR THE ISSUANCE AND SALE 0� I DEVELOPMEPIT BOND URSUANT TO CHAPTER 474, MINNESOTA STATUTE , T Mr. George Halvorsen, investment banker for this project. stated over a year ago they requested $925,000 in bonds for Mr. Paschke's project. He stated the building was constructed at 73rd and University Avenue consist- ing of 25,000 square feet and they are now only requesting $750,000 in bonds for a 12� year period. He pointed out they now have more than 100 persons uccupying the building and the bonds have been,privately placed. Mr. Halvorsen stated documents have been submitted to the City Manager, and requested approval by the Councii of this resolution. Mr. Herrick, City Attorney, stated he received the documents on Friday, and didn't have ar�y early drafts. He stated he has reviewed the resolution and didn't have any problem with it, however, if it is adopted, he would review the documents before the closing on Frid�y and if there is any problem, discuss it with the City t•lanager and City Clerk prior to signing the final documents. MOTION by Councilman Hamernik to adopt Resolution No. 39-1982, subject to s final approval of the City Attorney after his review of all the documents. Seconded by Counciiman Fitzpatrick. Upon a voice vote, all voting aye, - Mayor Nee declared the motion carried unanimously. •�� hrtJ .� COUNCIL MEETING OF MAY 3, 1982 PAGE 7 MOTION by Counci7man Hamernik to adopt Resolution No. 40-1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Ma�yor Nee declared the motion carried unanimous7y. 1� -RESOLUTION N0. 41-1982 TO ADVERTISE FOR BIDS ON REPAIR WORK TO WELL NO 3: Mr. Flora, Public Works Director, explained what has been done to date in investigating the possibility of redeveloping Well No. 3 to make it a producti�e well. Mr. Flora stated there=remains a continuing problem with intrusion of sand and debris into the bore hole, therefore, it would be appropriate to determine the bore hole configuration and costs and the probability of screening this well for.production. F1r. Flora stated bids have been prepared consisting o�f two phases; one, to clear the bore hole and investigate its size; and two, to obtain a warranty of adequate water production and costs to put it back in operation. MOTION by Councilman Schneider to adopt Resolution No. 41-1982. Seconded by Counciiman Barnette. Upon a voice vote, all voting aye, �tayor Nee declared the motion carried unanimously. 1 1 APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Fitzpatrick to concur with the foilowing appointment made by the City Manager: Effective Na��e Position Salary Date Re laces� Anthony 0. Roach Budget Control Asst. $15,900/yr. April 26, Gordon Centra] Services 1982 Middag Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 !� LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Up�n a voice vote, al7 voting dye, Mayor Nee declared the motion carried unanimously. 1 e� CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 113E12 through 121938. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, M�yor P�ee declared the motion carried unanimously. 1 � ESTIMATES: MOTION 6y Councilman Barnette to approve the estimates as submitted. _ Smith, Juster, Feikema, Ma]�rson & Haskvitz 1250 Builders Exchange Buiiding Minneapolis, MN 55402 For legal services rendered as Prosecutor for the month of March 1382 $4,725.OA ]00 COUNCIL MEETING OF MAY 3, 1982 PAGE 8 Seconded by Councilman Schneider, Upon a voice vote, all voting aye, '.. Mayor Nee declared the motion carried unanimously. . ADJOURNMENT: MOTI�V by Councilman Barnette to adjourn the meeti�ng. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, M�yor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of M�y 3, 1982 adjourned at 9:22 p. m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: - 0 ,�,�,v-.,_ �._..�,.:.. .a .:. s... .:y,"s _..y"•y.r.i+<':.T'n!" '^.r.pta _ - . - T ' ,._ . � �... • . _ . . . . _ ... ............r'9"... ,.,. �.. .. . . . . _ . .. .. . � . , . ' .w.�...c.....' ..,.c,. .. - ._....wr' TME GITY OF DIIaECTORATE � OF - PUBLIC WORKS . . . . - _ . . . . �. . . . FRI L Y` IDATE FROM SUBJEC7 _ _�-= May 11, 1982 D.P. #1 Hea1�h Club TO _—� � � MEMORAN�UM �;�� . Robert Schroer has submitted a rezoning request, ZOA #82-02, to rezone three lots along East River Road from C-1S to C-2S. This action is a result of the #1 Health Club being located in the middle 1ot. ACTIONI INFO. - When �he original Building Permit was issued to the #1 Health Club, it was staff's determination that this was an a]]owed C-iS use. As the renovation became completed, it came to the staff's attention that the #1 Nealth Club was to be operated as a massage parlor. Accordingiy, we advised tF�e operator that this use was not allowed in C-1S and would be required to rezone to C-2S. Subsequently d�e-�a_t�s, the City Council passed a Sauna Ordinance which established massage parlors within e C-2S zone. The existing gas station and car wash are 7ega7 non-conforming use. This should be appropriately located in C-2S zone. The third parcel is currentiy vacant and it is siaff's position that if properties adjacent to it are to be rezoned, this vacant lot should be similarly rezoned. The acti:on presented to City Council is to rezone all three parcels to C-2S in order to make tfie existing uses legal and conforming. The Planning Commission has recommended denial of the rezoning request, primarily becaus� the existing property users were not present at the Public Hearing and underlying thought for the location of a massage par- 7or adjacent to a residential area. JGF;ijk _ . - -�' - PUBLIC HEARING BEFQRE TNE 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 Avenue Northeast on Monday, May 17, 1982 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Rezoning Request, ZOA #80-02, by Robert Schroer, to rezone from C-1S (local shopping area) to C-2S (general shopping areas), Tracts B, C and D, Reg- istered Land Survey #19, to make zoning consistent with use, located in the North Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 6520, 6530 and 6536 East River Road N.E. 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: April 28, 1982 May 5, 1982 � lA . - 1B CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 7, 1982 CALL TO ORDER: Chairwoman Schnabel called the April 7, 1982, Planning Comnission meeting to order at 7:31 p.m. , - ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquist, Ms. Gabel, Mr. Kondrick, Ms, van Dan, Mr. Svanda, Mr. Saba - Members Absent: None Others Present: Jerrold Boardman, City Planner - Bob Schroer. 490 Rice Creek 81vd. Mark Haggerty, 6441 University Ave. N.E. Henry Sandbulte, 287 - 120th Ave. N.E. Leo Vander6roek, 11861 Flintwood Ellsworth & Florence Hinz, 384 - 66th Ave. N.E. Patricia Hardel, 332 - 64th Ave. N.E. Herb Bacon, 159 Logan Parkway Bill Sledz, 321 University Ave. S.E. D. C. Savelkoul, 6315 Univeristy Ave. N.E. Marietta Anderson, 11003 Terrace Rd. APPROVAL OF MARCH 24, 1982, PLANNING COMMISSION MEETING: MOTION BY MR. OQUIST� SECONDED BY MR. SABA� TO APPROVE THE MARCA 24� 1982� PLANNING COMMISSION lNINUTES AS WRITTEN. UPON A VOICE VOTE� ALL YDTING AYE� CHAIRWOMAN SCHNABEL DECLARED TNE MOTION CARRIED UNANIMOUSLY. r� 1. PUBLIC HEARING: REZONING RE UEST ZOA #82-Q , R08ERT SCHROER: Rezone ract 8, C, an D, Registered Lan urvey o. 19, from C- S local shopping areas) to C-2S (general shopping areas o make zoning consistent with use, the same being 6520, 6530, and 6536 East River Road N.E. �►lOTION BY MS. GABEL� SECONDED BY MR. SAEA, TO OPEN TXE PUBLIC HEARING ON ZOA #82-02 BY ROBERT SCHROER. UPON A VOICE VOTE, ALL Vt�TING AYE� CHAIRWOMAN SCHNABEL DECLARED TNE PUBLIC XEARING OPEN AT 7:34 PM. � 1C PLANNING COMMISSION MEETING �APRiL 7, 1982 _ PAGE 2 Mr. Boardman stated the property is iocated on East River Road and Mississippi St. That is the area where there is a gas station, the �1 Health Club, and a vacant property to the north. The present Zoning is C-]S. Mr. Boardman�3tated when the �1 Health Club carae in, it was Staff's determination that a hea]th club was al]owed in a C-1S zone. After the buiiding was up and operating, it came to the Ciiy's attention that there was another operation going on, other than the health c]ub, and that operation was a massage. He stated a massage parlour is not allowed in a C-lS zone. Mr. Boardman stated since that time, the City Council has passed an ordinance called a"Sauna License Ordinance" which restricts a massage parlour in a C-1S zone and allows it oniy in a C-2S zane. �At this time, Mr. Schroer is making an application for a rezoning of that particular area to C-25. Mr. 8oardman stated there are three properties involved--Tract B, Tract C, and Tract 0. Tract B is the vacant property, Tract C is the #1�Hea7th Club, and Tract D is the gas station. Tract D is also a non-confarming use because a gas station is not allowed in a C-�S zone, although it has been in that operation for quite some time. When the gas station was built, it was an allowed use, but with the changes in the code, it has been grandfathered in and exists as a legal non-conforming use. Mr. Boardman stated Mr. Schroer owns Tract 6 and Tract C. and the owner of Tract D (gas station) is in agreement to the C-25 zoning which is being proposed at this time. Staff feels if they are going to rezone two of the properties, they should rezone all three at one time to make the area consistent. Ms. Gabe1 asked what would happen to the massage parlour operation if this rezoning request was denied. . Mr. Boardman stated they would not be able to operate a massage parlour in that location. A health club operation would be allowed, but not a massage parlour. He stated the City a?lowed a health club with the idea it was going to be a health club, but the use was changed after the b�ilding was purchased by contract for deed from Mr. Schroer and renovated. Ms. Schnabel asked Mr. Schroer if he had a written agreement from the owner of Tract D(gas station) that the owner is in agreement with this rezoning request. Mr. Schroer stated the owner of Tract D is in agreement with the rezoning, but he did not have a letter of agreement. Ms. Schnabel stated she feit that from a legal standpoint as far as the City is concerned, they sho�id have that proof of agreement. If the Planning Comnission approves this reioning request, one of the stipulations should be that a letter be on f i] e. - t � `°" 1 D PLANNING COMMISSION MEETING, APRIL 7i 1982 � PAGE 3 Mr. Bill S1ed2, 321 University Ave. S.E., stated he current7y has a purchase agree- ment on Tract 6. He stated he is buying Tract 8 for the purpose of putting in a garage or just to enhance and protect the property they own behind it (the 144- apartment complex - 6540 East River Road). They would also have purchased Tract C if they had moved a littie faster, but they iearned a health club was going in there, and a health club was fine with them. He stated it was his understanding that the gas station would not be affected if the zoning did not change because of the grandfather clause. Mr. Sledz stated that if this operation is going to exist in this location, they would like to see it return to a health club and not a massage parlour. They do have a purchase agreement on Tract 6 that is binding and can be exercised, and for all practical purposes, they are just waiting for title. If the owners of the health club bought the building from Mr. Schroer and it was Mr. Schroer's understanding that it was going to be a health club, he fe]t those people.should abide by that and not change their operation. He stated he has an investment in his property, and if 7ract C ever becar�e available, he wou7d be interested in purchasing it. Ms. Schnabel stated she had a problem in that she could not recall where the City has rezoned a property to make it consistent with the use of the praperty, usually the property has to be consistent with the zoning. Mr. 8oardman stated it has been done in situations where they are making non- conforming uses into conforming uses. If nothing else, he would recommend the gas station be rezoned to C-2S because the gas station is allowed in C-2S. He stated ' he also has a problem with a rezoning in a situation l�ke this where a property was developed under a C-1S zone for a specific use and then that use, whether right or wrong, has changed. He did not feel the Planning Commission was necessari7y obligated to rezone just because a use is there that was created illegally. Mr. Schroer stated the City had determined the zoning was right for a health club, but when the operation was changed to a massage parlour, there was no zoning for a massage par7our, and there was no one in the City who knew they needed a new license for a massage parlour. The point he wanted to make was that the operation did not have to fit inta a C-]S or a C-2S zone at that time, because no zoning existed for it. Mr. Boardman stated this is an interesting situation, 7he way the code was set up, there was no zone that sa�d a health club was allowed or a massage parlour was allowed. When the health club came in on this site, Staff made the determination that a hea)th club was a local business and, therefore, wou7d be a7lowed in a C-1S zone. A massage parlour is not necessarily a 7oca1 business. The codes were very vague and left it to the discretion of City Staff io decide what was allowed or what was not allowed. At that paint in time, Staff did al�ow a hea7th club. He thought that if a massage parlour f�ad 6een proposed on tf�is s�te, tf�ere would have been some discretion as to the type of zoning where it would be alloa�ed. At that time, a massage par7our would not have been allowed in a 78ca7 business zone. 1y ' i . �� _ � PLANNING COMMISSION'MEETIN_Gz APRIL 7, 1982 PAGE 4 Mr. Boar�nan stated the real issue is whether tt�e Planning Commission felt these three properties should be:zoned to genera] shopping (C-2S) or remain as loca] shopping (C-lS). lHOTION BY J�IS. *i;ABEL, SECONDED BY .11gt. OQUIST� TD CLOSE TXE PUBLIC XEARING �dV ZOA �YBZ-02 BY ROBERT SCAROER. .. IIPON A VDICE VOTE, ALL VOTING AYE,CXAIRWOMAN SCANABEL DECLARED TXE PUBLIC XEARING CLOSED AT 7 s 56 P.1�l. Ms. Gabel stated the fact was that Staff had made the determination to a]low a health club, regardless of whether there was any zoning at that time that allowed a massage parlour. What they have now is after the fact when they are being asked to change the zoning to meet the need when it is normally done tF�e other way around. She stated she had a real problem in doing tE�at. She stated she was not interested in changing the zoning of the gas station as"there isn't really a need for it. It can exist there as a legal non-conforming use. If the owner of that property wants to have an official rezoning, that person can make the request. She felt that in some ways, Staff was mislead in seeing this as a health club and it turned out differently, and she did not see that as a reason to change the zoning. Mr. Saba stated he agreed with Ms. Gabel. Ms. van Dan stated she also agreed with Ms. Gabe7. There was also the fact �hat neither the owners of the health club or the gas station were present at this meeting to speak their wishes, and she did not think the Planning Commission should recommend any changes unless they were present. 1NOTIDN BY MR. SABA� SECANDED BY Mit. XONDRICK� TO RECOMMEND TO CITY COUNCIL THE • DENIAL OF REZONING REQUEST� ZOA �182-02� BY ROBERT SCHROER TO REZONE TRACT B, C, AND D� REGISTERED LAND SURYEY ND. 19� FROM C-1S (LOCAL SHOPPING AREAS) TD C-2S (GENERAL SHOPPING AREAS) TO MAKE ZONING CONSISTENT WITH USE� THE SAME BEING 6520, 6330, AND 65.�6 EAST RIVER ROAD lV.E. UPON A VOICE VOTE� ALL VOTING AYE� CXAIRWOMAN SCXNABEL DECLARED TXE 1NOTION CARRIED UNANIlNOUSLY. Ms. Schnabel stated .the minutes would go to the City Council on April 19th and when tFiey set�the public hearing on this request everyone�would b�otified•anain�. - 2. PUBLIC HEARING: RE UEST FOR A SPECIAL USE P , SP #82-02, NOBLE URSERY, INC.: o use a 0 y a enar s par �ng ot for the saTe"-'o�'nursery stock, and Chri es, in seasa�, per Section 205.10], 3, N, of the Frid]ey City e lacated on Lat 9, Auditor's Subdivision No. 94, the same bei entral Avenue N.E. .. MOTION BY 1►Il4. S � ONDED BY 1�2. 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L. � � � �� 3 `� . �. , � ��, C_� �� ' i� � ' - -_ 3y2 � � �. _ _. . .�. - `� . . .,►,N , �,��r"" G� '\�.• 4, ' , V� A j' � ! . �•%�� `� , �f : -��Z�` - - � . 3 � . . - "-,_ � � � r_� � .. 1- '/� ' � . _. , , �, . �., ; �� • �l : ' . . :'+ ' �. - �;`� � � 3� --- - •�� ,�v .�, �. t Q_i - ,. : •. .. ! , r ., ; " , .,. � + Tr�C+ � - C �. ? j rmc.�' t-' — C 1 S � Tract (J— C'1'S a � ti .. � .� �� ; �' CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA NOTICE OF HEARING OF ASSESSMENT FOR ST. 1981-1 AND 2 STREET IMPROVEMENT PROJECT Notice is her�by given that the Council of the City of Fridley will meet at the City Hall in said City on the 17th day of _ Ma�, 1982 , at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the foTlowing improvements, to-wit: STREET IMPROVEMENT PROJECT ST. 7981-1 AND 2 The proposed assessment roll for each of said improvements is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. At said hearing the Council will consider written or oral objections to the proposed assessments for each of said improvements. The general nature of the improvements and each of them is the construction of street improvements including grading, stabi7ized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services, and other facilities located, as follows: ST. 1981-1 STREET IMPROVEMENT PROJECT Madison Street Park Drive (South Extension of Commerce Circle East) Community Park Parking Lot Matterhorn Drive (overlay) University Avenue West Service _ _Drive;�-overlay) Beech Street (overiay) Eim Street (overlay) Tennis Court Tennis Court Miscellaneous Bleacher Pads and Tennis Court Overlays Nature Center Parking Lat ST. 1981-2 STREET IMPROVEMENT PROJECT 69th Avenue Osborne Road South 290 Ft. Comnerce Circle East Cul-de-sac South to Community Park Parking Lot Gardena Avenue South 1,224 Ft. Osborne Road to 79th Avenue 77th Avenue to 81si Avenue 77th Avenue to 79th Avenue 66th Way and Ashton Avenue 66th Avenue and Arthur Street Yaried Locations Central Rvenue East to Stinson Boulevard The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above noted. - � �� Page 2, NOTICE OF HEARING OF ASSESSMENT FOR ST. 1981-1 AND 2 Said improvements will be assessed against the properties within the above noted areas in who�e or in part proportionate7y to each of the ]ands therein contained according to the benefits received. A property ow�er may appeal an assessment to the district court by serving notice of appeal upon the City Mayor or Clerk within twenty (20) days after adoption of the assessment and filing such notice with the district court � within ten (10) days after service upon the Mayor or Clerk. DATED THIS 19th DAY OF April , 1982, BY ORDER OF THE CITY COUNCIL OF TNE CITY OF �RIDLEY. MAYOR Wi liam J. Nee ATTEST: CITY CLERK Sidney C. Inman Publish: Fridley Sun on April 28 and May 5, 1982 5 2A � �. 11a pgpII�Pf� i0 �Y�B1QD 'PHB CI'P� O�DE OP THB CI'Pt O� PKID[�Y� l�.51D1A ffi lIl91CIIG 11 � IIi �G DSS� �e Camcil of ttie City of Fridley does ordnin as follws: &BCl'�U1 1. Appendiz D of the Ci�y Coae of the Frid2ey fs amended as hereinafter indicate:�. SELZ`�Qd 2. The tract oz area within the County of Anoka an8 the City of Pridley and describea as: Blocks l. 2. 3, 4 aQd 5, R�ee's A�ition to Fridley Park atd Parcel 5000, describea as that p�rt of the West One Half of East One Half of the Southwest Quarter described as follaws: Commencing at a point 390 feet East of the Northwest oorner of the East One Half of the Southwest Quarter of Section 14, T-30, R-24; the�ce Sc�th 8 rais and 10 feetj thence East 10 Rods, th�ce North B rods and 10 feetj thel►ce West 10 ra7s, to place of beginning, and Parcel 5050, described as that part of the West One Half of the Northeast Quarter of the Southwest Quarter of Sectioai 14, T-30, 1�24; and that part of Ree's Addition to Fridley Park and vacatea alley in esicl subdivision, described as follows: beginning nt a p�int � the North line of said West One Half of the Northeast Quarter af the SouthwPSt Quarter a distance of 30 feet west of the Northeast corner thereof, thence South ard parallel with the East line thereof, a distance of 194 feet more or less to the South line of Lot 1, Block 2, Ree's additi� to Fridley Park, said point being the Southeast oorner of said lat l, thes�ce West al�g the South line of said Lot 1 an8 Lot 22, a distance of 179.3 feets thence North and parallel with East line of said North line= tt�ce East to the point of beginning, subject to ar► easement over ttie North 33 feet thereof for road purposes. Is hereby designated to be in Zoned District known as S-2 (Special Zoning District). SFXTDON 3. Zl�at the Zoning Ac�ministrator ie directecl to change the official zoning mnp to show said tract or area to be rezoned from Zaned Distrfcts, a mixture of R-1 (single favnily dwelling areas), C-1 (lxal business areasy, C-2 (general b�siness areas), M-1 (light industrial areas) arxi P(public facilities arens)r all to be rezaned to �2 (Special Zoning District). PASSID ATID ADOPTID BY TI� QTlt fAUNCII. OF �E CITY OF FRIDLEY '1gIS DAY O[� � 1982. WII�IAM J. I�TEE - NAYOR AZTFSTs SIDI�iC C. IIa7AN - CITlt Q,H� Public H�ring: A�ril 19, 1982 Fiist Re+ading: M�,�3, 1 gR9 Secor�d Reading: Publisb z 3/3/20 3 i " a�n.! �r a�n� �n�c ae�rs� zos og rss � crri OODE BY ADDIIiG 5�.3'ION 205.23 86TITL� S-2 SPSCLIL �' �e City Caaicil of ttie (Yty of Fridley does ordain ae follawss Chapter 205= Zaninq. ie hereby a�sdea by a�ding the followinq Section 2Q5.23 entitled S-2 Special Disrict ' 205.?3. S-2 SPBCIAL DIS�tICT 205.231. Title .� This Ordinance shall be rpierred to as the •reclevelqaoent 8ietrict ordi nanoe' fn ehort fo=m. 205.?32 Putpoae il�e purpoge of this special sonirg disttict is to � l. Allow for the mi.�ced use developnent within epecinl redevelopnEnt districts set up �a►dez Chapter 462 of Minnesotr� State Statutes for the health, safety and general welfare of the City. 2. Allaw for maximan fleaibi2ity in the praootio� of difficult redevelcpment projects. 3. All.ow development by plan which is ncceptable to ard in the best interest of the City and overall district ard developoent plan. 205.233. Oses Permittea 1. Those uses which are acceptable to the ovezall redevelopment plan and specific develc�xnent plans as approvecl by the City. U�on approval of the specific developnent p].ans, the City ehall determine the apecific uses that ---' are permitted within the developnent. ._ 205.234. IIses F�ccluded l. Those uses unacceptable to the overall redevelopment plan and specific c3evelopnent plans as determined by the City. 205.235. Oses Allowed After Plnn Devela�mesit 1. Dses allowed in each individual 6uilding after construction will be the same ns or_similar to those uses approved in Section 205.233. abone. 205.236. Prxess for Approval 1. Plans for each individual project or combination of project� must be submitted to the Planning Caimission for review and recommendations to the City Coimcil. The City Council shall have final authority to approve all project plans. 2. Project plans submitted to tt�e Plannirg CrnQnissio�n ar►a City Ca�ncil shall include as a minimm. . a. Site plans showing location of buildings, off street parking, street snd utility lxations, auto and pedestrian access to and from the project, any modification needed to existing services, gzading plans, storm water plans, building exterior finish, lighting and signing an8 laridscape plans. B. Writte� City staff review on project compatability to the overa2l zedevelopn�ent plan. C. Wrftten ffiiA report ati project plan appraval and oonsic3eFations. 3. Any substantial ma7ification to the plan must be submitted through the Planning Carmission an8 appcoved by the City Council. PASSID ADID ADOPTID BY THE QTY Q�fINCIL OF �E QTY OF FRIDlEY ZSIS � DA3C OF - . 198�2 � _�,-.. WIIZIAM J. I�E - MAYDR � � SIDNEY C. IDIl�,N - CITY (�tR . P�blic Hearing: April 19. 1982 First Readings May 3, 1982 � Sec�nd Reading: Publfsh: 3/3/15 � _r,._.�- ,_.-:-. . . . . - - - _ _ - .,�;..;.�.��--�.-�,:n. : . . -�_-� :�,.: > : .: : -.Y-, � �. ... �., ..�- .,_ , �.� �_. - 5 _� , - _ . _..t_ TME CITY OF ' DIIaECTOFIATE DP . PUBLIC WORKS FRI L Y DATE A ri 1 13, 1982 FROM D.P.W, �errold Boardman, Planning SUBJECT JDh HRA Action with Cheryl Nybo Proposal TO a MEMORANDUM -fi - ACTION j INFO. The Housing Authority at their April 8, 1982 meeting discussed this item with both Mr. Burandt and Ms. Nybo and continued the "right of development" until the May 13, 1982 meeting. _ The HRA made it clear ihat for that meeting Ms. Nybo wouid be required to have a signed "Finance Corrmitment" and the contract documents.ready for approval. Ms. Nybo felt that there would be no problems in F�aving this commitment at that� time. We would request that the City Councii hoid any action on ZOA #80-02 until after that date. , JLB/de � . • •,� � �• «- : • AN ORDII�INCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MARING A CHANGE IN ZONING DISIRICi'S. Zt�e Council of the City of Fridley c3o ordain as follows: SHCTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SD�TI0�11 2. The tract or area within the County of Anoka and the City of Fridley and described as: Part of Lot 3, Auditor's Subdivision No. 25 (Parcel 1100) lying in the South Half of Section 24, T-30, R-24, City of Fridley, Ca�nty of Anoka, Mi.nnesota. . � Is hereby designated to be i.n the Zanecl District known as C�1 (general offioe and limited business). SDGTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoaled District i�3 (general multiple family dwellings) to C1�I (general offioe and limited business). PASSED AI�ID ADOPTID BY THE CITY OF FRIDLEY THIS �AY OF , 1981. ZC� �80-02 WII,LIAM J. I�E - MAYOR AZ'TEST: SIDNEY C. II�9i1N - CITY CI�RK Public Aearing: Septeqnber I5, 1980 Reopened Public Hearing: May 4, 1981 First Reading: 0 to r 1� 1981 Second Reading: , Publish: 5A { F�IItII�1G �A'IISSI�1 POSITn7NS � - � � FR��[ i� Ai� AU�tiTY (5 l�bers - 5 Year �ea� Chairpersan Larry fia�aners � 6-9-84 5212 St. Moritz Drive N.E. (H.571-8925)(B.544-9321) Vioe- Russell Ewdc 6-�82 Chairperson 750 Overton Drive N.E. (H.571-3249)(B.348-Z150) E]mars A. Prieditis 6-9-86 �' 6031 Benjamin St. N.E. (H.571 7230)(B.332-3944) I . Duane Prairie 6-9-83 489 Rioe Creek Terrace N.E. (H.571-3993)(B.786-9800) Carolyn Sbendsen 6-9-85 6171 Rerry Lane N.E. (H.571-6060)(8.571-2345) �I �� B�'Y OC��iISSI�ON (Chapter 6) (5 �ers - 3 Year Tea� "h�aiiperson Dean Saba 4-1-83 6325 t�an Bure� N.E. (H.571-1953)(B.631-�860) �ioe- Jerry Cichosz 4-1-84 fiairperson 7509 Tgnpo Terrace N.E. iH.786-2495) (B.574-5690) Donald E. Wall 6850 Washington St. N.E. (H.571-2272)(8.645-9236) Giles McConville 1568 Gardena Avenue N.E. (B.574-0107) (8.378-5981j William F. Wharton 6B87 Char►nel Road N.E. (H.571-8555)(B.853-22a7) 4-1-6�2 4-1-82 4-1-83 �� 1►�1:n" William Jordan �Z�tTi Av�n�P N'F. (H.786-5504) 1 r,1 .�� PAC� 5 ..• � r�+� ��;, :»_�� ; :� 6-9-87 . ••• ! �+ y�l� i�,�' �; :� 4-1-85 4-1-85 7 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 5, 7982 CALL TO ORDER• Chairwoman Scfinabel order at 7:35 p.m. ROLL CALL: called the May 5, 1982, Planning Comnission meeting to Members Present: Ms. Schnabe7, Mr. Oquist, Ms. Gabel, Mr. Svanda, Mr. Kondrick, Ms. van Dan, Mr. Saba Members Absent: None Others Present: Jerrold Boardman, City Planner Gary Weliner, 6221 Sunrise Dr. Bill Kidder, 6360 Starlite Blvd. Jerry Severt, 100 Sate'llite Lane Michae� Larson, 6390 Starlite Blvd. Lillian Meyer, 7868 Alden Way N.E. - League of Women Voters APPROVAL OF APRIL 21, 1982, PLANNING COMMISSION MINUTES: MOTION BY 1�2. KONDRICK, SECONDED BY MR. SABA� TO APPROVE THE APRIL 2I� I982� PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOlCE VOTE� ALL VOTING AYE, CNAIRWOMAN SCHNABEL DECLAR£D TXE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CQNSIDERATION OF -- � � • -�---�--�- � �--- � --�-, - - --- -- -- - - - - - - ----- - t at part of oc s 8 an 9, owe �tion, ying ovth of the Morth 7ine of Sylvan Hi11s Plat 8, extended in a Westerly direction to the West boundary of said Block 8, and lying Westerly of the plat of Sylvan Hills Plat 8, together with the Easterly �ne-half of vacated Elm Street, and that part of Cots land 2, Block 7, Lowell Addition to Fridley Park, lying Southeriy of the Westerly extensian of the North line of the plat of Sylvan Hills Plat 8, together with the Westerly half af vacated Elm Street, to be developed as three R-1 lots..(single family dwelling areas) and 5 R-2 lots (two fami�y dwel�ing areas), generally located South of Mississippi St. N.E., East of the Burlington Northern right-of-way. lNOTIDN BY IqR. KONDRICK� SECONDED BY MS. GABEL� TD OPEN THE PUBLIC iiEARING ON P.S. #82-01 BY W. G. DOTY AND GARY WELLNER. UPON A VDICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCXNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:38 P.M. f 7A PLANNiNG COMMISSION MEETING, MAY 5, 1982 PAGE 2 Mr. Boardman stated that Mr. Hamernik and Mr. Qureshi met with the petitioners and some of the residents and came up with a plat similar to what the Planning Comnission members had before them. He stated the front three lots wi11 be R-1. He stated Staff is working on a new zoning ordinance that allows zero lot line twin homes where the units themseaves may be owner occupied. So. when the piat is approved, the five lots .in the rear could be split so that each unit could be zero lot line home. Mr. Boardman s�ated the actual plat has not yet arrived and they were expecting it to be delivered to the A]anning Comnission sometime during the meeting. Mr. Wellner stated he has not seen the plat since it came out of the surveyor's office, but the intent on the five rear lots is to build duplexes with a zero lot line with the intention of selling each half to a separate buyer. The square footage of all the lots meets the code requirements. He stated he thought there were 1-2 lots that may need a variance in terms of the width of the iot itself. Mr. Boardman stated that included with the approval of the plat will be approval of the variances necessary, with the lots, in order to develop structures. Ms. Gabel stated she did not necessarily agree they should appr�ve the variances at the same time they approve the plat. Mr. Boardman stated if they approve the plat, they approve the variances applicable to the lot. He was not saying they should approve ali the variances of the structure, because those variances can only be approved when the structure is brought in and looked at. But, when they approve a plat that is less than the required width, then there is automatic approval of the variances. The indication they have gotten from the City Attorney is that the City Council does have the authority to approve variances with plats without going through the variance procedure. The reason for this is that the variance procedure requires a public hearing and notification within 200 feet. The platting procedure requires notification within 300 feet, therefore, that notification allows for more public input. Mr. Wellner stated the conversation he has had with the surveyor and Mr. Qureshi is that they are going to try to keep all the lots with not less than a 65 ft. setback. Ms. Schnabel stated that since the pre]iminary p]at has not yet arrived, they should continue this item unti] the end of the meeting and continue on with the rest of the agenda items. MOTION BY MR. SVANDA� SECONDED BY MS. VAN DAN� TO CONTINUE P.S. �IB2—DI UNTIL LATER IN THE MFs'ETINC, . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWQPIAN SCHNABEL DECLARED THE JNOTION CARRIED UNANIIHOUSLY. � � � PLANNING COMMISSION MEETING,�MAY 5, 1982 � PAGE 3 2. RECEIVE APRIL 13,�1982, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MR. O�IIST, SECONDED BY llQt. SA�A, TO RECENE TXE APRIL 13� 198�, COMMUNITY DEVELOPMENT COMMISSION MINUTES. -'� UPON A VDICE VOl'S� ALL VOTING AYE, CHAIRWGIMAN SCI�NABEL DECLARED TXE MOTION CARRIED UNANIlNOUSLY. 3. RECEIVE APRIL 20, 1982, ENVIRONMENTAL QUALITY COMMISSION MINUTES: MOTION BY MR. SVANDA, SECONDED BY MR. SABA� TO RECENE TXE APRIL 20� 1982, ' ENVIRONMENTAL QUALITY COMMISSION lNINUTES. Mr. Svanda stated they had an interesting discussion with Dan Krivit from the City of Minneapolis on the recyc]ing efforts in the City of Minneapolis. He stated Minneapolis will be initiating an 18-neighbor recycli.ng effort through a city contract the City has with waste haulers. They will be saving the City of Minneapolis $5/ton on recyclab]e materials ($17/ton for recycling compared to $22/ton for disposal). Mr. Svanda stated the Environmenta] Ouality Commission has decided to spend most of their next meeting talking about and planning for a meeting with the haulers in Fridley. Mr. Krivit had suggested the City of Frid]ey look into the possibility of a"block concept" where a block of people would get together and contract with one hauler. This was done in a neighborhood in St. Paul with some success. Mr. Saba stated the "block concept" cou7d go hand-in-hand with the neighborhood concept that the Community Development Cor.mission will be working on. A neighbor- hood group could contract with one hauler to reduce hauling fees and for recycling. He thought it was a very good idea. UPON A VOICE VOTE� ALL V037NG AYE� CXAIRWOMAN SCXNABEL DECLARED TXE 1NOTION CARRIED UNANIMOUSLY. Mr. Svanda stated that on page 5 of the Environmental Qua]ity Cormissi�n minutes, the Commission had made a motion regarding the banner that the SORT Committee had made and which was installed over Mississippi St. during Recycling Week to advise city residents and others of the existing SORT facility and to encourage people to use the facility. SORT paid $87 for the banner. The motion recommended to the City Council that the City of Fridley contribute to SORT at least one-half of the cost of the banner. Mr. Svanda stated he would recommend the Planning Comnission concur with this motion and recornrnend approva] by the City Council. 1►lOTION BY l►42. SVA1riDA� SECONDED BY 1NS. VAN DAN, TO CONCUR WITB THE ENVIRONMENTAL QUALITY COMMISSION'S 1NOTI0IN AND TO RECOINMEND TO TXE CITY COUNCIL TI•JAT TXE CITY OF FRIDLEY C01itTRI�7TB �D SORT AT LEAST ONE-HALF THE COST INCURRED 8Y SORT FOR THE BANNER LOC.�ITED ON !lISSISSIPPI ST. DURING RECYCLING WEEIC. .. UPON A VDICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED TXE MOTION CARRIED UNANIMDUSLY. 7C PLANNING COMMISSION MEETING, MAY 5, ]982 PAGE 4 Mr. Svanda stated that on page 6 of the Environmenta] Qua]ity Commission minutes, the Comnission had made a motion acknowledging and applauding the efforts of the City in taking the initiative to insta7l a used crankcase oi] recycling facility at the SORT facility. ;: Ms. Schnabel stated the Planning Comnission certain7y appreciates the work SORT is doing, and the Planning Comnission would a7so concur with the Environmental Quality Comnission's motion to acknowledge and app7aud the City's efforts in installing the used oil recycling facility. - Mr. Svanda stated it is going to take a concerted effort to get city residents to recycle, and there is a certain amount of expense incurred by SORT, not on7y in time, but al�o in money as far as publishing and distributing literature to city residents and expanding their recycling efforts. Therefore, the Environ- mental Ouality Commiss�on had made a motion on page 6 of the minutes to recomrnend to the City Council that the City share with SORT 50� of the profits the City realizes from the oil recycling facility once the City captures the cost incurred in purchasing and insta7ling the faci]ity. Ms. Schnabel stated this way of giving income to SORT for promotion of the faci]ity appealed to her. Rather than taking tax dollars from the residents of Fridley, they are taking something from the recycling center itself and using it for publicity and promotion of the facility. Ms. Gabel stated that printing and publishing costs are very high, and profits from the recycling center are very low. She felt SORT needed the money to help provide information to the public. as that is basically what SORi' uses the money for. '� MOTION BY MR. SVANDA� SECONDED 8Y MS. GABEL� TO CONCUR WITH TXE ENVIRONMENTAL QUALITY COMMSSSION'S MOTION TO RECOMMEND TO TI•lE CITY COUNCIL THAT TXE CITY� UPON REALIZING A RETURN FROM TXE USED OIL RECYCLING FACILITY LUCATED AT TXE SORT RECYCLING FACILITY WHICH EQUAZS TAE CITY'S COSTS ASSOCIATED WITH PROVIDING TNE USED DIL RECYCLING FACILITY, SHARE 50/50 IN FUTURE PROFSTS WITH SORT. UPON A VDICE VOTE, ALL VOTING AYE� CHAIRWOJN.�IN SCHNABEL DECLARED TNE MOTION CARRIED UNANIMOiUSLY. Mr. Svanda stated he appreciated the Planning Canmission's support in these mations. 4. RECEIVE APRIL 27, 1982, APPEALS �OMMISSIOJV�MINU7ES: 1NOTION BY MS. GABEL, SECONDED 8Y IYR. KONDRICK, TD RECEIVE THE APRIL 27� 1982� APPEALS COl91�fISSION 1NINUTES. Ms. Gabel stated the petitioner at this meeting was very well prepared and had laid out goals, objectives, and alternatives for the Ca�mission. It was very helpful for the Commission members to make a decision. Si�e stated that at a 7D PLANNING COMMISSION MEETING, I�AY 5� 1982 PAGE 5 future Appeals Commission meeting, she thought they should discuss the possi- bility of having some kind of hand-out that a petitioner would receive from Staff when that person comes in to fill out an app7ication. It might help the public in terms of what kind of information is needed before appearing before the Appeals f�mnission. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRW014tAN SCXNABEL DECLARED TNE MOTION CARRIED UNANIMOUSLY. 5. CONTINUED: PUBLIC NEARING: CONSIDERATION OF A PROPOSEO PRELIMINARY PLAT P.S. 82-0 ,� OTYJ Et NER DDI7ION, Y:�G,�D Y' ND�G � E � Public hearing open. Mr. Wel7ner stated the plat had not yet arrived. Mr. Boardman stated the plat is going to be similar to the drawing the Planning Commission members had in their agenda packet. He stated the Planning Comnission is only reviewing the preliminary plat. �Final plat is prepared and submitted to the City Council, a�d the City Council wi71 be reviewing the fina] plat with a public hearing also. � ' Mr. Michael Larson, 6390 Starlite Blvd., stated he wou7d have a problem with the Planning Commission approving a plat they had not seen. Mr. Wel7ner stated he had called the survey�r, and there was nothing substantially different in the plat than what the Planning Commission had before them. He stated they have already scheduled with the City of Frid7ey for sewer, water, and street. By not acting on the preliminary plat, they will be delayed another month, or it could possibly set them back 4-5 months. _ Ms. Schnabel stated she could understand the problems Mr. Wellner and Mr. Doty were facing, but since the plat was not at the meeting, she would fee] very uncomfortable acting on the plat without seeing it. Mr. Wellner stated he was concerned with the timetable only, because they are scheduled to go before City Council with final plat on June 7. Mr. Boardman stated they may want the Pianning CommfssYOn to authorize the pubiic hearing notification so they can sti17 have the Juae 7 public hearing at City Counci] for final p]at. Mr. Wellner staied f�e wauTd have no problem with that. Mr. Wellner stated the intent of this p]at is to pro vide the opportunity for zero lot line;however, he, as the builder, would not be forced to sell a17 the duplex units. He could maintain them as dup7exes and could rent out both sides. The reason for this is it is extremely difficult to get financing for a$140,000 PLANNING CO�MISSION�MEETING;�I�AY�5;"1982 .............. . ......... . ...PAGE 6 unit, but this would a17ow them to be able to sel7 one-half of a unit for a $70,000 mortgage, which was more affordab]e. 8ut, he stated he did noi think the intent was to force this all into an R-1 development. The intent is to provide the opportunity for zero 7ot 7ine so they have the flexibility of sel7ing one-half of��;duplex separately. Mr. Larson stated he is representing the neighborhood. He stated the neighborhood was going to reject the rezoning and take their chances with the M-1 zoning, but they have compromised with the rezoning of Lots 1, 7, and 8 as R-1 and Lots 2-6 as R-2, providing Mr. Qureshi can provide zero lot lines to increase the potential for owner-occupied units, a requirement for attached or tuck-under garages, and minimum square footages for the structures. MOTION BY MS. GAEEL, SECONDED BY MR. OpUIST� TO CONTINUE TXE PUBLIC XEARING ON THE CONSIDERATIOA OF A PROPOSED PR£LIMINARY PLAT, P.S. �82-01� DOTY/WELLNER ADDITIDN� BY W. G. DOTY AND GARY WELLNER, UNTIL THE MAY 19��:I982� PLANNING COMMISSIDN MEETING, AND TO AUTHORIZE STAFF TO ISSUE THE PUBLIC HEARING NOTICES FOR FINAL PLAT APPROVAL AT THE CITY CDUNCIL MEETING ON JUNE 7� 1982. UPON A VDICE VOTE� ALL VOTING AYE, CHAIRW0INAN SCXNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT• MOTION BY I�Z. OQUIST� SECONDED B VOTE, ALL VOTING AYE, CNAIRWQMAN COMMISSIDN MEETING ADJDURNED AT Respectfuiiy submitted, t y Saba Recording Secretary Y MR. SABA, TO ADJOIJRN THE MEETING. UPON A VOICE SCHNASEL DECLARED TXE MAY 5� 1982� PLANNING 9:00 P.M. 7E : City of Fridley . CATV Advisory Commission Meeting - Thursday, April 22, 1982 Pat�e 1 _ CALL TO ORDER• Chairman Burt Weaver called the CATV Advisory Co�issioa meeting of Apr�l 22, 1982, to order at 7:45 p.m. ' = ROLL CALL• = Membere Present: Burt Weaver, Duane Peterson, Ed Raspszak, Harold Belgum, Barbara Hughes Members Absent: None Others.Present: Terry 0'Connell --Northern Csblevisioa . . Bill DeCoursey - Columbia Heights Cable Commission William C. Hunt -.City of Fridleq Anne Davie - MCCB Clyde Moravetz - City of Fridley .� Gary R. Matz - Herbst 6 Thue, Ltd. Adrian E. Herbst - Herbst � Thue, Ltd. AYPROVE CATV COI�IISSION MINUTES OF FEBRUARY 18 and 25 1982: MOTION by Mr. Belgum, second by Mr. Peterson, to approve the CATV Co�issioa minutes of February 18, 1982, as written. UPOr A VOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Peteraon, seconded by Ms. Hughes, to approve the CATV Commission minutes of February 25, 1982, as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DFGLAREU THE MOTION CARRIED UNANIMOUSLY. SEMI-ANNUAL BUSINESS REPORT FROM NORTHERN CABLEVISION: Mr. 0'Connell indicated he was prepared to answer any questions concerning his report dated April 1, 1982. Ms. Hughes questioned the statement in paragraph two under part A which states that there are two epsrtment complexes which cannot currently be serviced by cable yet it goes on to state that the distribution system has been built to the complex. She asked if the etatement meant they have not or could not be wired. Mr. 0'Connell said they haven't been able to obtain permission from the owners, but the dfstribution system is there. Black Forest complex did have a contract which said there would be no HBO, but that is somewhat lax now. The Anna Avenue complex is part of the serial plant. The owner of the building wants Northern to bury the cable to the buildfng and wire it internally. I3orthera`s crew will do that wiring upon completion of the Black Forest project. Mr. Herbst noted that a law was psssed this last session by the Minnesota iegislature and the State Ceble Board will be estab�ishing procedures by which apartment ownezs vilI be =equi=ed to permit cable companies to provide service to tenants of apartment buildings, which has not been the case in the past. . �4 � � �8A CATV ADVISORY CONIl�iISSION MEETING - APRIL 22 1982 PAGE 2 Mr. Raspszak referred to an article ia the paper wh ich addressed the topic of selling home subscriber service for $20 per home per month plus,a dish installat�o�._._ charge of $99.95. Mr. Raspszak asked Mr. Herbst if the aforementicned .. _ apartment complexes did not want to participate in the cable system would the City or the Campany have any recourse if the owaers and/or tenante ,wished to subscribe. to the.HBO eervice mentioned in the paper? Mr. Herbst replied they _ would not, but Mr. Weaver indicated it would be rather unsightly if each tenant - were to put their own dish on top of the complex. Mr. Raspszak said that an apartment owaer �ould put up a dish,._ provide service to the tenants and advertise the cost on their bill thus they could have the eystem within the complex. Mr• 0'Connell said he had just seen 8 dish on top of an eight plex with six . leads extending from it. If it is a joint ownership there is probably not a problem, however,' if the owaer put it up and has six of the eight people subscribing to it with him charging them there�is a problem because he has taken someone else's product and gained money from it. Mr. Weaver. said.>}�e thought there would be an enforcement problem. Ms. Davis said they will start prosecuting and hope that it quiets down and will also make the selling of dishes illegal. Mr. 0'Connell asked if it had happened where they made it mandatory to take the dish down and Ms. Davis replied in mobile home paiks for aesthetic reasons. Mr. Weaver asked how they could make an individual remove 8 dish and Ms. Davis'said if it was aot removed they could be charged with theft of their frequency. Mr. Raspszak esked why the report was dated April 1, 1982 to October 1, 1982 and Mr. 0'Connell said this is the semi-annual projection. Mr. Raspszak said he would like to know what they have done not what they are going to do, and just state it ae a report dated April l�or October 1 when appropriate. Mr. Weaver asked if it is to be a projection report that it say Projections for Work April 1 to October 1. Chairman Weaver referred to Mr. Herbst's letter which addressed the recap of Ch�pter 641 khich specifically states that the ect imposes a 59. sales tax on the service not the installation at this time, although the tax on installation has not yet beea decided. Mr. Kaspszak asked Mr. Herbst if it made eny sense, in his judgment, to force upoa construction of a new multi-housiag unit tbe wiring of the complex as part of the building pe=mitY Mr. Herbst said it really depended on wh�t the Cable Board does with the rule making on the aew etatute passed in the Legislature which does . mandate apartment owners to have service for cable television. If the local municipality adopts an ordinance�which is consistent with that rule, thea it would be permitted. Mr. Kaspszak asked if the State Cable Board does approve it, could Fridley incorporate the wiring as part of the building permit and Mr. Herbet replied they could-and he didn't feel it would require a separate ordinance as it is covered under the Ceble Board rules which is incorporated by reference in the old ordinance. Mr. 88sgszak suggested that when that ruling comes about Mr. flerbst advise the Co�ission so they can determine if they want to suggest,this to the Council. Mr. Herbst said the City administrative offices will be contacted when the rule making occurs stLd that he would keep the Commission members informed. Ms. Davis sta�ted that tbe process is just now beginning. MOTION by Mr. Peterson, seconded by Mr. Belgum, to accept Northern's• report dated April 1, 1982, as presented. UPON A VOICE VOTE, ALL VOTING AYE, �HAIRMAN WEAVER DECLARED THE MOTION CARRIED UNANII�IOUSLY. . . . CATV ADVISORY COl�Il�iZSSION MEETING - APRIL 22 1982 PAGE 3 DISCUSSION REGi4RDING SCAOOL ACCESS TO FRIDLEY RESIDENTS LIVING IN COLtJl�IA AEIGATS, ANOKA AND SPRING LAKE PARR SCHOOL DISTRICTS AND MCCB POSITION: Chairman Weaver said he had spokea with Dave Zurek, Chairman of the Columbia Hoights Co�ission, gad Mr. DeCoursey a member of the Colcm►bia Heighte Co�ission was in • attendance at tonights.meeting. Mr. Zurek asked that Fridley look favorably upon titis venture, In addition, Chairman.Weaver etated that at the City Council meeting in March the Council indicated i�ter�t, but also want to make programming originating from Dietrict 13 available to those householde in Fridley whose students attend � District 13 schools�. Later Councilman Schneidez asked why not do the same thing for Spring Lake Park. It was the coaseasus that the programmiag oristin�ting within the echool districts be made available to the households of the students who attend those districts. There is alot of work to be done between the Commissioas, the Operators and legally. Chairman Weaver iadicated that what Columbia Heights is looking for now is the bi-directional or inetitutional drog coming into North Park. Mr. Zurek suggested that, at least for now, it be held at that point and later address how that� would actually come about. Chairman Weaver indicated an interest in knowing what kind of impediments would be encountered in making this system available to households in additioa to the schools. r Mr. Raspszak suggested that the Couasels. of Fridley and Columbia Heights put together whatever Iegal work is necessary and formally eddrese the MCCB with the problem, its ramific�tions, its complexities and go through whatever aeeds to be done. Ms. Davis indicated the MCCB's interest in working with this project and dfstributed to each Commission member a copy of the rule which states that "a municipality shall require a franchise or extension permit of any cable communications system providing aervice within the municipality". and the rule on interconnectioa. The MCCB feels it could address this item at their May 14th meeting if that is the wish of the Coumission. Mr. 0'Connell felt that Teleprompter should be consulted conce m ing the provision of residents of Fridley with drops for this one service since it would take about 20 miles of distribution and no one has asked them if they want to do that. . Chairman Weaver asked of the possibility of using the Channel 6 interconnect and Ms. Davis indiceted that would be a part of the future, but this is interim. , Ms. Davis added that Teleprompter would elso be operating within Fridley without a franchise and Mr. 0'Connell said from Teleprompter's view point that would be a great expense for a free service. Ms. 8ughes asked what the options were and Mr. 0'Connell said the viewers would have to go to a 2ibrary or North Park Elementary. Mr. Raspszak asked Mr. DeCoursey about Columbia Aeights constructioa schedule and he said they plaa to start wiring about June 9th, with the west area being wired first thea east. Mr. Weaver asked if the Commission members felt a favorable reaction to Columbia Heights request to provide an institutional drop into North Park School. Mr. 0'Connell asked Ms. Davis to reiterate the requirements. Ms. Davis replied that the rule states that the municipality shall require the franchise or extension permit of any cable com�aunicatfons system providing service within the municipality. This would apply to an institutional cable coming into Fridley. -The MCCB feels the interim intercoanectiaa would eliminate most of the problems and would, in additioa, be the first intercoanection developed. Mr. 0'Connell suggested that the two Companies get together and talk first. Mr. Herbst also recamanended that the i : CATV ADVISORY CO1�iISSION MEETING - APRIL 22, 1982 __ PAGE 4 Co�ission membere keep in mind that the process of fraachise renewal is being negotiated and the response to the RFP is still outstanding. MOTION by Mr. Raspszak, secoaded by Mr. Belgum, that the followiag action be taken: (1) Correspond with Columbi8 Aeighte advising them of Fridley's iaterest in the ..project and that as part of thel�'P fram Northera it has been asked how they = would participate ia this actioa. And, (2j Indic�te to �olumbia Heights thet a representative of the State.Cable Board has met with Fridley's Commission aad discussed the procedure,.recom�ending that an interim interconnectioa procedure would facilitate thie process.: In addition, Mr. DeCoursey is to take thie info�etion back to the Columbia Heights Co�fssion, Mz. O'Connell is to com�uaicate with Teleprompter and keep the Commissioa members fnformed aad Ms. Davis is to indicate to the MCCB Fridley's interest in the interconnect but the information will not be ready by the May meettag. MCCB RATIFICATION OF INTERPRETATION ON ADVERTISING ON ACCESS CHANNEIS: Ms. Davis said she had made a presentation to the Board concerning advertising on access channe2s end its corruptfag of the basic philosophy of publir. access that being that it be free. It is her personal opinion that it isn't faii to the cable companies if a video center is receiving revenues from advertising and receiving the channel free from the cable company — it would be in competition with advertising dollars. Cable campanies could also come back to the Council or whomever asking why they should _ give a free channel whea they are reaping:eveaues fram itY The Board did say that noncom�ercial did not mean no cammercials. Ms. Davis feele this will create alot more problems thaa.benefits received. � Mr. 0'Connell said that Will Loew-Blosser has been tesching a video production class at Anoka Ramsey for a time. This class is now scheduled to be held at Northera's facility. It will be a 4 credit clsss;with s$55 fee, $45 of which will stay with the ACCW. He indicated a problem with an Anoka class being held on Northern property, using Northera's equipment aad all tentative negotiatfons were made without Northern's knowledge. Mr. Raspszak suggested that the Workshop put together e written statement of intent and present it to the Com�ission in �tersns of what they have in miad, ramiffcations, any present standing deals and perhaps the CATV Commission can act as iatermediary. Mr. 0'Connell reiterated that the problem was not that Mr. Loew-Blosser was teaching the class but the fact that it would be held at Northern's facility and how could that be justffied as public � access. It is revenue producing for the ACCW and that it good, but he fails to see how that will benefit the citizens from Fridley especially when used during the day versus evening hours. Ms. Hughes said the real issue is whether that is public access or aot. Mr. Weaver stated that pe�haps the ACCW better reexamine using a Fridley facility for students who not only might not come from Fridley, but maybe not even from Anoka Couaty. Ms. Hughes said it would depend on the agreement the ACCW had with the Company - the_ ACCW does not own the facility so .they cannot rent it out. She feels this is aa issue that must be settled between the ACCW 8nd Northern. If Will wants to teach for Anoka Ramsey that is his business, the problem comes with moving the class to Northern's facility without their permission. Chairmaa Weaver suggested that the topic be tabled untiZ the ACCW is present to tell what they intend to do. Ae would like a formal report from the ACCW as to what they are doing and thea deal with it from �here. Mr. 0'Connell said again that he ie not againet the ACCW making money as long as the residents of Fridley a�ea't suffering in the meantime. Chaixman Weaver also . suggested that the ACCW Quarterly Report, item 4 on the agenda, be coasidered � at the next meeting when the ACCW representatives are present. �� CATV ADVISORY CO�IISSION MEETING - APRIL 22, 1982 PAGE 5 MAY MEETING DATE• Mr. 0'Coanell stated that the RFP respoase should be available bp the end of May so the Mey meetiag will be held on the 27th. Copies of the RFP will be made available to Co�issioa members prior to that meeting. OTfiER BUSINESS: i�lr. Peterson dfetributed to each Coa�issioa member a copy of the materiel he had gathered as a result of being assigned the education area to investigate at the Novmeber, 1981 meeting. The booklet was a campilation of the data received from different educational facilities and included a survey responded to by superfntendeats, principals �nd directors of education. A su�ary of recoa�endatioas prepared.by Mr. Petersoa was at the end of the report. MOTION by Ms. Aughes, seconded by Mr. Belgum, to receive the report, thank Mr. Peterson for his efforts, and put it on the May agenda to act on the conclusions and recommendations made by Mr. Peterson. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLARED THE MOTION CARRIED UNANIMOUSLY. . Mr. Moravetz indicated that a Chairperson and�Vice-Chairperson need to be appointed for the upcoming year. It was decided that this would be considered at the May meeting.� Mr. Moravetz aoted that the ACCW Telethon would be held Monday through Saturday of this week. He encouraged the Com�ission members to drop in Saturday. Over $1000 had been received in pledges thus far. The NFLCP National Convention will be held July 8- 10. Further fnformatfou will be sent with the packet for the May meetiag. ADJOURNMENT• MOTION by Mr. Belgum, secoaded by Mr. Kaspszak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN WEAVER DECLARED THE CATV ADVISORY CO�IISSION MEETING OF APRIL 22, 1982, ADJOURNED AT 9:30 P.M. Respectfully submitted, Pat Von Mosch Recording Secretary � : � 0 � RESOLUTION N0. 1982 RESOLUTION CALLING FDR A PUBLIC HEARING ON A PROPOSAL FOR AN INDUSTRZAL FACILITIES DEVELOPMI�TT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING . ` (G. W. PASCHKE PROJECT.NO. 2) = WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act") gives muni- cipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; � (b) The City Council of the City of Fridley (the "City") l�as received from G. W. Paschke Properties, a sole proprietorship (the "Company") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the ' "Bonds") pursuant to the Act; (c) Before proceeding with consider- ation of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of th e City of Fridley, Minnesota, as follows: 1. A Public Hearing on said proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. � � 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. � 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. _ 4. A draft copy of the proposed application to the _ Commissioner of Energy, Planning and Developi��ent, State of � Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Manager. 5. The City Clerk-Treasurer is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. Adopted by the City Council of the City of Fridley, Minnesota, this day of May, 1982. ATTEST: City Clerk• Sidney C. Inman , Mayor Wil l iam J. PJee � 9 P, NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT -To.whom it may concern: - Notice is hereby given that the City Council of the � City of.�ridley, Minnesota will meet at the City Hall in the - City of Fridley, Minnesota at 7;30 o'clock p•m. on June 7, � 1982, to consider the proposal of G. W. Paschke Properties,_ that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Description of Project Acquistion of land located at the intersection of 79th Avenue N.E. and Ranchers Road in Fridley and the construction tt►ereon of a light industrial building containing approximately 17,350 sq. ft. � The estimated principal amount of bonds or other obligations to be issued to finance this project is $700,000. Said bonds or other obligations if and when issued will not eonstitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Energy, Planning and Development, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning May 19, 1982, from 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday, at the office of the City Manager. At the time and place fixed for said Public Hearing, the City Council of the City of Fridley will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 17th day of May, 1982. (BY ORDER OF THE CITY COUNCIL) By /s/ Sidney C. Inman, _ City Clerk• Publish: May 19, 1982 • . 10 RESOLUTION N0. - 1982 RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECTS ST. 1981-1 AND 2 BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. The City C�erk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be spec- ially assessed for the STREET IMPROVEMENT PROJECT ST. 1981-1 AND 2 in said City against every assessab7e lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every iot, piece, or parcel of iand to be specially assessed and the amount ca]culated against the same. 2. Notice has been duly published as required by law that this Councii would meet in session at this time and p]ace to pass on the proposed assessment. 3. Said proposed assessment has at ali times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except 4. The amounts specified in the proposed assessment are changed and altered as follows: �. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as aZtered and modified was and is specially benefited by the S7REET IMPROVEMENT PROJECT ST. 1981-1 AND 2 in the amount in said proposed assessment as aitered and modified by the corrective ro7] in the amount set opposite the description of each such lot, piece, or parcel of land, and that said amount so set obt is hereby levied against each of the respective lots, pieces, or parce�s of land therein described. 10 A Page 2--RESOLUTION N0. - 1982 6. Such proposed assessments as altered, modified, and corrected are affirmed, adopted, and confirmed, and the sums fixed and named in said proposed assess- ment as altered, modified, and corrected with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed shall be certified to by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for STREET IMPROVEMENT PROJECT ST. 1981-1 AND 2 8. The amounts assessed against each lot, piece, or parcel of land shall bear interes from the date hereof until the same have been paid at the rate of ten (10� per cent per annum. 9. Such assessment shall be payable in ten (10) annual installments payable on the first day of January in each year, beginning in the year 1983, and con- tinuing until all of said installments shall have been paid, each installment to be collected with taxes collectible during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: 1982. CITY CLERK Sidney C. Inman MAYOR William J. Nee y MEMO T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: SIDNEY C. INMAN, DIRECTOR OF CENTRAL SERVICES/ CITY CLERK SUBJECT: FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1979-4 DATE: MAY 1l, 7982 The attached resolutions would order the preparation of the final assessment roll and the publication of the hearing notice on the ST. i979-4 Street Improvement Project. The work under this project has been completed, and covers the areas outlined in the attached Notice of Hearing. SCI ps Atts. � 11 RESOLUTION N0. - ]982 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1979-4 (STORM SEWER PORTION) BE IT RESOLV�D by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: i. It is hereby determined that the assessable cost of construction with respect to the following named improvement, to-wit: STREET IMPROVEMENT PROJECT ST. 1979-4 (STORM SEWER PORTI4N) including all incidental expenses thereto is. � estimated at $ 84,745.86 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvment against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1982. ATTEST: CITY CLERK Sidney C. Inman YOR W�1 iam J. Nee � 11 A RESOLUTION N0. - 1982 RESOLUTION DIRECTING PUBLICATIQN OF HEARING QN PROPQSED ASSESSMENT ROLL FOR STREET IMPROYEMENT PROJECT ST. 7979-4 (STORM SEWER PORTIOf�) WHEREAS, by a resolution passed by the Council on May 17, 1982 , the City Cliei^k was directed to prepare a proposed assessment o the cost of storm sewer and drainage facilities. WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as fol'Fows: 1. The City Council shall meet at the City Hall in the City of Fridley, Anoka County, Minnesota, o� the 7th day of June, 1982 , at 7:30 P.M. to pass apon the proposed assessment for STREET IMPROVEMENT PROJECT ST. 1979-4 (STORM SEWER PORTION) 2. The City Clerk shall publish notices of the time and place of ineeting in the official newspaper of the City at least two (2) weeks prior to such meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17th DAY OF May , 1982. MAYOR William J. Nee ATTEST: CITY CLERK S�dney C. Inman � 5 I18� � CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA NOTICE OF HEARING OF ASSESSMENT FOR ST. 1979-4 = STREET IMPROVEMENT PROJECT (STORM SEWER PORTION) Notice is hereby given that the Council of the City of Fridley will meet at the City Hall in said City on the 7th day of June, 1982, at 7:30 o'clock P.M., to hear and pass upon all objecti�ons, if any, to the proposed assessments in respect to the following improvement, to-wit: ST. 1979-4 STREET IMPROVEMENT PROJECT (STORM SEWER PORTIONj The proposed assessment roll for each of said improvements is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. At said hearing the Council will consider written or oral�obj�ections to the pro- posed assessments for each of said improvements. The general nature of the improvement project is the construction of storm sewer and drainage facilities serving the following general area: The gen�ral area bounded by 61st Way on the south, the railroad tracks on the east, 64th Way on the north, East River Road from 61st Way to 63rd Way on the east extending towards Riverview Terrace from 63rd to 64th Way. The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above noted. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. A property owner may appeal an assessment to the district court by serving notice of appeal upon the City Mayor or Clerk within twenty (20) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or Clerk. DATED THIS 17th DAY OF May , 1982, BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. MAYOR -W�1]�am J. Nee ATTEST: CITY CLERK Sidney C. Inman Publish: Fridley Sun on May 19 and May 26, 1982 11 C MEMORANDUht T0: Nasim Qureshi, City Manager FROM: ' Kent"°Hi]1, Economic Deve7opment Assistant DATE: May 6, 1982 SUBJECT: Trailer�License for Viking Chevrolet 7501 Higi�wa�y �65, N. f. On May 17, 1982, the City Council will consider approval of a trailer ]icense for Viking Chevor]et. An inspection was done by me on May 6, 1982 and indicated the following: . 1. Vehicle parking should be maintained 5 feet from all fencing, buildings and the new trailer. This can be insured by installa- tion of 6" concrete curbing, concrete bumper blocks or pylons spaced every 5-10 feet apart. 2. Additional screening in the form of landscaping could be used along the west and south boulevards and vines p]aced on the east fence. If you need additional info rniation regarding this property, p7ease contact me. 7hank you. KEH/la � A � 0 .- c�r oF FAtc��v. SUBJECT MINNE907A i�porlmsnt/urv�siom Qom. Dev. Div. Protective Insp. Dept. p�ppyl��; Vi�ting Chevrolet �ompany �D�r.S.r7: 75oi �:tN 65 rT�, FridlESr� :'�T T7.^T•. �o: 7?b-61o0 IiOUSE TRAILEQ APPLICATIpN Knber i ' ev aps Apprwed f 910—F9 1 1 of 1 800 12A Dote 7/1/81 TRAILER OWNER: 1�Iark J. Doole� �D�.�. .• %�� i �� 6� t'�f�. ��'� G�12�* :"ir T�. rro: 786-6100 LAi1DpWt�tER: F�tat.e of ?:. G. Isaacson ADDRESS: lst T?�t�n::?1 ��:� :� i^r_e?.pe� is TO BE TRAILER t�lAI�: S�ol:.x FaLs SIZE: 12 X�0 USED FOR: Sal.es Ciiice PERSOD OF TIME TO BE STaRED/OCCUPIED: indefinite � LOCATIOII 0�' TRAILER ON PROPOSED PROPERTY: Attach Plot Plan of Property sl�wing Trailer Signatures of Adjoining Property Owners Granting Approval: Relationship between Trailer Owner and Landowner: �ErtEr. Names and Ages of all Occupants(If Residential Use): � Facilities for Sewage Disposal, Water and Electricity: Please find attached a check in the amount of $30.00 for parking the trailer or 50 00 � for both parking and occupying the trailer. �(� , ' �� n � g�,TE: Apr�l 3�, 19�2 Date Received: Stipul�tions: Vll';1;;� �F�evrolet Co�ran;-: 3y �� Siqnature FOR OFFICE USE Council Approval: RECEIPT NO: • i • �. LICENSE NO: EXPIRES: , N V } _ Q i � � �I p II � I N I_ , � N � � I O 0 � 3 � 2.. �{`t � � c C W v Y h e � 3 W � . -, � i l��:�i:t:T.;i�.: ' .,:;:., ,t I �'�i:•r •; . � �. .� i/� . , .. � .•. y. :h'•. �;•,.,��i••• � �t��i �;.�7�r....i •• .� f4 • I'I. •.i•�ss��•t' .: � •: •C• :I .t'' ; _ : ��:�•; •�- �';•�.i. �' . . .::.�':iv :� ;' :'�, '=_;� , �� •'� ��;' �•.i� �•a/i .t••:L'�:� •�LS•f�•�j �11��r� ••��.I\ �..'.;. :••>�•�•.: :�r. . .,J�r/.��.• �i,•�= � 1�•�•�•�fn•�� •� : '••�1'�•.:'' �t'�•'•,y' .:�•�: •• •�r•�f, �� r ♦'��i�f �!•'1: ti�•• J. �• '.�'• •� '� ��1�• ��f�.�`.••r'r.•�1`..i•f;� i '••�� :, .f� i� .� 1. ��y, �.I� •� � � , •~ •�♦ t: .� " • •••,,�� •� j ..��: � � �� .� • " �� w \ '•r.�1•:�� i.��1 ��:�.�'�.: .��.� •.�.1 . .i = �. � •i N � N� � �• ��: i~ �� • •' � :t ... . , �.. s � �;+�5 �� . •�' t. .�.i : ��•� : . • _ •,. .. ; ;, ..•,; ' :, : � ,' . ;. . ; '•� � ; _. � •,• •��', •,'V,' ,, . .��• •�•``�r�' ,'r�i . .�'� ��: j �� `,►v• . . f I--� . _- — --- . -- --- _ . _ _ . � I . ( � ��W1 h 2 I � t I � � � v . � � v W � � a a � � � N I - �. Y ' -. � � � �-r�..�_ ' . .� �f�r'�'� �.� 9�tr�� •�. _��` _ L � TNE CIT�/ OF FRI L Y DATE � FROM D.P. UBJECT DIRECTORATE DP PUBLIC WORKS 11, 19$2 Junk Yard Stipulations � 13� , MEMORANDUM �:� � ACTIONI INFO. At the April 19, 1982 City Council meeting, it was determined to postpone the license applications for the junk yards until the May 17, 1982 meeting. During this period, we have prepared specific Code compliance items and met with the junk yard owners to discuss Code satisfaction. Attached are the letters for each junk yard/salvage yard operation. Recommend the City Council introduce the specific items to be completed for each of the properties and present the official letter at the May 17th meet- ing. If these letters are tied into the license renewals, we will then be able to specifically address these items at the 1983 licensing applica- tions. . JGF:ijk Attachmertts . r:a . . . . .�t ..�.�-. . � ..<< �< _ .��-__��--:: �� . �.. � �� `' _ L _. .Y..�:�ti _ _'c��%��'� *?=s.. �� 9 �+'` ~ =3� �f: �:� r: .`-: �, � �� . <��`� , . , ��<_<� 13 A CITY OF FRIQLEY Q181 UNIVERSITY AVENUE N.E., FRIDLEY� MINNESOTA 55152 Mr. Rb�n Flaherty % Centra! Auto Parts 1201 - 73 �/2 Avenue N. E. Fridley, 1�1 55421 May 17, 1982 TELEPHONE ( •12)571-3450 SUR7DLTs STIPULATIC�NS FOR JUIJI{YARD LICII�]SE RF3V�'WAL FOR CENIRAL AUIn PAR`I5 AT CII�rRAL VI�nI Nl�,I�AR� ffiA« 1, IATS 10-15 AND CE[�TI�iAL VI�T M�,NOR, � SDOOiND ADDITION, RIA(3C 1� LOT 2 Dear Z�om: The follvwing items will be discussed with you c7uring the Fridley City Council meeting on May 17, 1982. These items may be required to be oompleted prior to renewal of your junkyard lioense in 1963. Completion and maintenance of these items will insure that the above property is in compliance of Chapter 205.13 of the Fridley City Cocle. These itens inclucle: 1. Provide two hard-surfaced 8riveways acoessing onto 73 1/2 Avenue with 6" concrete curbing and extend 20 ft. into storage area - 205.135.1.A and 205.135.1.B. 2. Provide 6" concrete curbing for entire perimeter of parking aisle and acoess driveway along the west property line - 205.135.1.B. 3. Plant 4- 3" diameter deciduous trees and 5-5 ft. tall spruce trees along the south boulevard from the driveway accessing Lot 12 to the east property line of lot 15, - the spacing, species and location to be determined Iater. 205.136.1 4. Landscape fram curbing to fence along 73 1,/2 Avenue boulevard fraa the ciriveway accessing lot 12 to the east property line of lot 15. 205.136.1 �. Plant 6- 3" diameter deciduous trees along the west praperty line of lot �10; starting 20 feet fram public right-of-way, space trees 35 feet off-center. 205.136.1 6. I�taintain all green areas and landscaping anci replace the same as neeaed. 205.136 .2 7. I�laintain all fencing an8 replaoe as needed. 205.138.1.C. 8. Do not store or allow parking of vehicles along 73 1/Z Avenue. 205.135.1.C. 9. Submit plan to the City to insure that no soil or water . contamination occurs by providing control of water run-off. 206.09, Rice Creek Watershecl District regulations and other " applicable governmental regulations. 10. Ca�lete the ab�ve items aco�rding to subqaitted aixl ap�roved site P� �'Y �il 30, 1983. If you have any questions regarding this matter, please contact me. Tt,ank you for your time and coaperation of this matter. Sincerely, �� (/-.�¢.�P Rent Et�gene Aill F�conanic Developmesit Assistant �/bd 7/3/1 � F 13� `w.."P' ��i•y � :- � ��^.G'�yy� ' ..:��'� '�t r _ r�� ,:� �; •. � ,�� . ; .� '; s-;r c , . q,r.;.;�_.. r�,- s :_ . _- �_ : ;� 13 C � CITY OF FRIDLEY l431 UNIVERSITV AVENUE N.E.. FRIDLEY. MINNESOTA 66492 Mr. Aarold Aaluptzok % John's Auto Parts 10506 Central Aves�ue Blaine, Mt3 55434 I�1ay 17, 1982 TELEPHONE ( a12�571•5150 SZT�3JDCrs STIPUTATIOTIS 1�R J[JI�IIC3�4RD LICIIASE P�R - SAM' S AU'I1� PAFr15 AT CE[�1�tA�L VI�n1 M11I�AR, �� 8I,0(R 2, LO�I'S 16 17 At�ID THE WEST 135 FEET OF IAT 18 Dear Harry: The follawing items will be discussed with you during the Fridley City Councfl meeting on May 17, 1982. These items may be required to be completea prior to renewal of your junkyard license in 1983. Canpletfon and maintenance of these items will insure that the above property is in compliance of Chapter 205.13 of the Fridley City Code. These itans incluc]e: 1. Provide hard-surfacing for the two existing driveways accessing onto 73 1/2 Avenue and extend hard-surfacing 20 ft. into storage areas - 205.135.1.A 2. Provide 6" concrete curbing along perimeter of driveways - 205.135.1.B 3. Maintain all harc]-surfaced areas. 205.135.1.A 4. Do not store or allaa parking of vehicles along 73 1/2 Avenue. 205.1.35.1.C. 5. Parking area north of building to be used for custaner's only. Do not store salvage vehicles there. 205.135.2.F. 6. Plant 15 - 5 ft. tall spruoe trees along the 73rc1 Avenue boulevard starting at the west property line of Iot 16 and sgace trees 15 feet apart. 205.136.1. 7. Plant 15 - 5 ft. tall spruce trees alrxig the 73rd Avenue boulevard starting at the west property line of lot 16 - spacing and location to be deterjnined by the City. 205.136.1. 8. Landscape from curbing to fence along the Iength of the 73rd Avenue boulevard. 205.136.1 � 9. Lanciscape fran curbing to fence along tbe length of the 73 1/2 Avenue boulevard. 205.136.1 10. Maintain all gre� areas and landscaping. Replace the same as needed. 205.136.2 11. Re�plac� existing fez�ce along south property line of lots 16-18 with 8 foot solid wuoc� f�ce or c2�ain-link fence witt� earth-tonecl s1a►ts. 205.138.4.A. 12. Place solid, earth-toned slats or plant ivy along existing chain-link fence along the north property line of lot 18. 205.136.2 13. Maintain arxi r�place fencing as needeci. 20�,138.1.C. 14. Provide solid, earth-toned slats on the existing chain-link drive�ray fencing. 205.138.4.A. 15. Submit plan to the City to insuxe that no soil or water contamination occurs by providing control of water run-off. 206.09, Rice Creek Watershed District regulations an8 other applicable governmental regulations. 16. Camplete the above iten.s acoording to submitted and approved site plan by April 30, 1983. If you have any questions regarding this matter, please contact me. Sincerely, ,�'!�.� �-,�.�.�.�o K�t Et�gene eill Eooncmic Develo�t Assistant � cc: Sam's Auto Parts 7/3/12 a 13 D L ,. y, �:.'�� 'qaiF�. �x-_� ,��.��. �:;,. = , ;�� _. .� - _z:. ='� ':}�'+ : `r `! �'.Z.,1_l.�R �_'i�,c-_'�,_�i . R �, 13E CITY OF FRIDLEY 6�51 UNIVER8ITY AVENUE N.E.. FRIDLEY, MINNESOTA 55�82 Mr. Aarold Aaluptzok % John's Auto Parts 10506 Cer�tral Av�ue Blaine, I�1 55434 May 17, 1982 TELEPMONE ( 8/2�571-9�50 SUBJDCl'; STIPUTATIO�IIS FOR JUI�fC�RD LICENSE RII�TEh�L� BARGAIN AVPO PARTS, CENi1�2AL VIEW N1AI�AR, . BiACK 1, LOTS 16 18 Dear Harry: The follawing items will be discussed with you during the Fridley City Council meeting on May 17, 1982. These items may be required to be completed prior to renewal of your junkyard lioense in 1963. Canpletion at� maintenance of these items will insure that the above property is in corrq�liance of Chapter 205.13 of the Fridley City Code. These itens include: l. Maintain all hard-surfaced areas. 205.135.1.A 2. Provide hard-surfacing for the two existing driveways accessing onto 73 1/2 Avenue - 205.135.1.A 3. �ctend hard-surfaced driveway accessing onto 73 �/2 Avenue 20 ft. into storage area - 205.135.1.A 4. Do not store or sllvw parking of vehicles along 73 1/2 Avenue. 205.135.1.C. 5. South parking to be used for custor�er's only. Do not store salvage vehicles there. 205.135.2.F. 6. Plant 15 - 5 ft. tall spruce trees along the south boulevard starting at the west property line of lot 16 and space trees 15 feet apart. 205.136.1. � � 7. Landscape from curbing to fence along the length of the 73 1/2 Avenue boulevard. 205.136.1 8. Maintain all gre� ar�s and landscaping. Replace the same as nee8ed. 205.136.2 ' 9. Replace or re�air existing f�ce along south praperty line with 8 . foot solid wooa fence or chain-link fence with earth-toned slats. 2Q5.138.4.A. " 10. Maintain and replace fencing as neec7ed. 205.138.1.C. 11. Bubmit plan to the City to insure that no eoil or water contamination occurs by providing control of water run-off. 206.09, Rice Creek Watershed District regulations and other applicable governmental regulations. 12. Camplete the above itens accorciing to submittec3 and approved site plan by April 30, 1983. If you have any questions regarding this matter, p2ease contact me. Thank you for your time and ooaneration of this natter. Sincerely, 1C�-�..� ��° Rent �gene Hill Eoonanic Development Assistant KF�/bd cc: Bargain Auto Parts 7/3/21 � 0 �3 F -�,��:. ' `i '�°�.� �r -w _ .:� �.�:. - �� -.� .�,.1 f.. �. � a .� `' � ��;�s� . r�=�'--'?:�, - � CITY OF FR�DLEY s191 UNIVERSITIf AVENUE N.E.. FRIDLEY, MINNESOTA 56�3Z Mr. Don Chies 4020 Tyler Street N. E. Co2u�nbia Heights, l�T 55421 May 17, 1982 TELEPNONE ( 61Z)S71-s450 SU&TDCt': STIPULATIONS FOR JUNRYARD LICENSE PbR CII�TI'RAL AU'IO PAR'I5 AT C�T1�iP,L VIF�3 M11l�AR� BtiOCR 2, LO�I'S 6-8 Dear I�ir. Chies: The following items will be discussed with you during the Fridley City Council meeting on May 17, 1982. Tt�ese items may be required to be completed prior to renewal of your junkyard lioense in 1983. Canpletion and maintenance of these items will insure that the above property is in oompliance of Chapter 205.13 of the Fridley City Code. R'hese itens include: l. Provide hard-surfacing for the two existing 8riveways accessing onto 73 ],/2 Avenue an8 73rd Avenue and extend hard-surfacing 20 ft. into storage areas - 205.135.1.A 2. Provide hard-surfacing for 5- off-street parking stalls and aisles. Location and specifications to be determined by the City. - 205.135.1.A 3. Maintain all hard-surfaced areas. 205.135.1.A 4. Install 6" concrete curbing nlong entire perimeter of parking stalls, aisles and access driveways - 205.135.1.B. 5. Do not store or allaw parking of vehicl.es along 73 1/2 Avenue. 205.135.1.C. 6. Plant 4- 3' 8iameter 8eciduous trees and 4-5 ft. tall spruce trees along the 73 1,/2 Avenue Boulevard. The spacing, species and location to be determined later. 205.136.1 7. PZant 5- 3" diameter deciduous trees and 4-5 ft. tall spruce trees along the 74rd Avenue Boulevard. The spacing, species and Iocation to be determined later. 205.136.1 - 13 G 8. Landscape fraa curbing to fence alo�g the le�gth cf the 73 ancl 73 �/2 Av�we boulevards. 205,136.1 9. I�laintain all landscaping and replaoe as needecl. 205.136.2 10. Erect 8 ft. solid wood fence or chain-link fence with solid , earth-ta�eci slats along the south, west and north property lines of lots 6-8 and along the east praperty line of Lot 8, the fence " should extez�7 50 feet north. 205.138.4.A. - 11. Maintain all fencing and replaoe ns needed. 205.138.1.C. 12. Submit plan to the City to insure that no soil or water contamination occurs by providing control of water run-off. 206.09, Rice Creek Watershecl District regulations and other applicable governmental regulations. 13. Complete the above items acoording to subanittec3 anci approved site plan by April 30, 1983. If you have any questions regarding this matter, please oontact me. Thank you for your time and cooperation of this matter. Sincerely, /1.�..� �� ,l�-�-Q Rent Et�gene Aill Econamic Develapment Assistant � cc: Central Auto Parts 7/3/4 � e '13 H `�'y'��... � "� �Y`;;?�" �r z.�; ` . - �:-`',r.C�i^� - .:�-��:.�< . �s>>� '-�� r,:�i .�'Y � = -� �� ,, s ::'�� `� �?:.._�y :.�. CITY OF FRIDLEY d131 UNIVERSITY AVENUE N.E.� FRIDLEY, MINNESOTA 55492 TELEPMONE (612)S71•S�SO May 17, 1982 lrir. JaQnes Do�,x3s % Salvage Center 51 - 37th Avenue N. E. Fridley, I�1 55421 StTBJE�CI': STIPUTATIONS FOR JiJI�CYARD LICENSE Rf3J�'f�I, PbR SALVAGE CII�'PER AT 51 - 37�i AVII�][1E N.E. . Dear Mr. Dowris: The following items will be ciiscussed with you during the Fridley City Council meeting on May 17, 1962. These items may be required to be completed prior to renewal of your junkyard livense 3n 1983. Completion and maintenance of these items will insure that the above property is in compliance of Chapter 205.13 of the Fridley City Code. These itens include: l. Place solid, earth-toned slats or plant ivy along existing chain link fence along north property line. 205.138.2 2. Rep�air, replace and maintain fencing as neecied. Especially, fence along north property line. 205.138.1.C. 3. If driveways accessing onto East River Road are used, provide hard- surfacing. 205.135.1.A. 4. Do not store vehicles in customer's parking area.north of building. 205.135.1.C. 5. Maintain all hard-surfacecl areas. 205.136.2 � 6. Maintain all green areas and landscapfng. Replace as needed. 20�.136.2 7. Camplete the above itens acoorc]ing to submitted an8 approved site plan by April 30, 1983. If you have any c�estioras regarding this matter, please oontact me. � 1 13 I Thank you for your time and coap�rat3on of this matter. Siticetelyr z�t,...�- �� _ ,�.Q� Rent F�gene Hill - - Eoonanic Develvpnent Assistant _ KS/� 7%3/3 � � y c� 0 13 J � F.OR CONCURRENCE 8Y THE CITY COUNClL — �j(�'�$ Mav 17, 1982 • Type of License: � B� Approved By: Fee: Food Establishment . Jerry's Bake Shop 6558 University Ave.NE. Fridley, Mn. 55432 t � Food Vefiicle Karis Kitchen Box 44A Isanti, Mn. 55040 Refuse Hauler Paul & Andy's Disopsal 725 - 109th Ave.N.W. Coon Rapids, Mn. L & N Disposal 3647 McKinley St. N.E. Mpls. Mn. 55418 Dan's Disposal 309 - 202nd Ave.N.W. Cedar, Mn. 55011 Solicitor The Flower Shoppe 8432 Westwood Rd. Spring Lk.Pk.,Mn. 55432 Taxicab Debra K..Scavo Karen B. Schmidt Paul n. Eiynck Lawrence P. Nelson Daniel Johnson Mary Lou Box Fridley Cab Service Frank Gabrelcik 5740 University Ave.N.E. Fridley, Mn. 55432 Vending Machine Kennedy Transmission 7800 University Ave.N.E. Fridley, Mn. 55432 Kurt P1fg. ' 5280 Main St. N.E. Fridley, Mn. 55432 People's Auto Auction 8290 Main St. N.E. Fridley, Mn. 55432 B�ngo . �hurch of St. Williams lst & University Ave.NE. Fridley, Mn. 55432 Kan-Du-Vending Sir Vend Inc. Gerald klartman � • . � John Flora Steven J. Olson Healtfi Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Heal�th Inspector Steven J. Olson Health Inspector James P. Hill Public Safety Director James P. Hill Public Safety Director Steven J. Olson Health Inspector Steven J. 01son Health InspeCtor Steven J. Olson Health Inspector -- . $45.00 � $50.00 $60.00 $60.00 $75.00 $60.00 $50.00 $25.00 $15.00 � $50.00 James P. Hill Exempt Public Safety Director 14 � � 14 A � F.OR CONCURRENCE BY THE C{TY COUNCtL - 7�.tCENSES MAY. 17, 1982 BLAQCTOPPING Minnesota Rpadways Co. � 229 West 79th Street, Box 279 Chanhassen, N�t 55317 GAS SERVICES .` Zhe Snelling �mp.any 1400 Concord�a Avernie rn St. Paul, MN 55104 GENERAL OONTRAC'1C)R Rodney Billman, Inc. 151 Silver Lake Road New Brighton, ?Rd 55112 Brickner Buildess Inc. 6249 Ben More Drive N.E. Fridley, NIl�T 55432 Daniel R. Cameron Company 7200 - 79th Avenue North Brooklyn Park, Nj►J 55445 By: John C. Mueller 0 By: Phil Krinkie � By: RQdney Billman By: Thomas Brickner By: Daniel Cameron Capp Homes-Div. of Evans Products 888 Garden of the Gods Road Colorado Springs, Colorado 80907 By: Dick/Ji.m Const. Dept. Kilqore Siding Canpany 6293 Highway #65 tJ. E. Fridley, Mti 55432 Minnesota Exteriors, Inc. 295 Highway #55 Aamel, MN 55340 M.A. Morte�son Cjnmpany P.O. Box 710 Minneapolis, MN 55440 By: Frederic Kilgore By; Gerald Fadclen By: Peter Conzemius R.H. Romens Constsuc tion Co. Inc. 1605 Excelsior Avenue West Hopkins, I�IId 55343 By: R.H. Romens Jun Sackrison Construction Inc. 845 Wes t 80th Street � Bloomingtr�n, IuII�i 55420 By: Sames 5ackriso� The Sussel Company, Inc. 1850 Como Avenue St. Paul, MN 55108 By: Stanley Barenba�n APPRUVED BY DARR'EL Q,ARK Chief Bldg. Ofc. ti7ILLIAM SANDIN Plbg.-Htg. .Znsp. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc . AARREL CLAF7[C Chief Bldg. Of c. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLPiRK Chief Hldg. Ofc. DARREL CLARK Chief Bldg. Ofc. LIARREL CLARK Chief Bldg. Ofc. UARREL CLARK Chief Bldg. Ofc. DARREL CLARK _Chief Bldg. Ofc. a 0 14 � � FOR CONCURRENCE SY THE CITY COUNCtL - LIGENSFS MAY� 17, 1982 . HEATING Central Air �nd. & Heatinq Do. .Div. of Winston Enterprises, Inc. 1971 Seneca R�ad S t. Paul, NBJ 55122 By: E. David Rosenberg The SnelLing Company 1400 Concord�a Avenue St. Paul, 1�1 55104 S IGN ERECZbR Crosstown Sign Inc. 10166 Central Avenue 2J.E. Diinneapolis, Na1 55434 Rpyal �awn Beveraqe Oo. P.O. Box 43466 St. Paul, MN 55164 Pt�LIC SWI?�Il�lING POOL 5506 Meister'lmad N.E. Innsbruck Rec. Bldg. By: Phil Krinkie By : Ri chard Foac By: Arthur Marqot By:.Innsbruck North Zbwnhouse Association 5 � DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. LIARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. STEVETJ J. OISON EtIVIRON�TAL OFC. � FAR CONCURRENCE BY THE CITY COUNCIL - LICQ�SES � • ,�...Resi.dential .Rental Property.- May 17, 1982 , 14 C OWNER . LOCATION DF BLDG. UNITS FEE APPROVED BY Hamnang - Kruse Inv. Co. 6421 Taylor St. NE 1 �12.00 Steven J. Olson, 805 Windemere Dr. - Environ.Ofcr. Plymouth, MN 55441 _. - . Clifford C. & 6262-64 - 5th St. NE 2 24.00 Steven J. Olson, Irmina M. Leary '= Environ.Ofcr. 1062 Highview Drive New Brighton, MN 55112 - Paul M. Lubratt 270 - 67th Ave. NE 580 - 69th Ave. NE Fridley, MN 55432 � 1 12.00 � Steven J. 'Olson, Environ.Ofcr. FOR CONCURRENCE BY THE CITY COUNCIL - CLAIMS � CLAIM� {�UP"�BERS 122F22 - 133Z07 � FQR CONCURRENCE BY THE CITY COUNCIL - EST I M�,TES E. A. Hickok & Assoc., Inc. 545 Indian Mound Wayzat�, MN 55391 Professional Services - April 1982 Moore Lake:Restoration Project Halvorson Construction Co. 4227 - 165th Avenue N. E. Wyoming, MN 55092 Partial Estimate No. 1 1982 Misc. Concrete Curb & Gutter Project Herrick & Newman 6279 University Avenue, N. E. Fri dl ey, h1N 55432 For legal services rendered at City Attorney for the month of April 19 82 Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Buiiding Minneapolis, MN 55402 For legal services rendered as City Prosecutor for the month of April 1982 $ 3,466.08 �16,974.30 $ 4,478.30 $ 4,425.00 �M 16 a � � 16 �1 VIR61L C. MtRRICK DAV�D t. NEWMAN HERRICK & NEWMAN, P.A. wrroRNErs wT uw May 12, 1982 City of Fridley 6431 University Avenue Northeast Fridley, �Iinnesota 55432 April Retainer: Hours in Excess of 30 at .$50.00 per.hour: RE: HRA: EXPENSES ADVANCED: (HRA) Process Service re Hoyt: Revenue Stamps re Wyatt: County Recorder (Filing Fee re Wyatt): EXPENSES ADVANCED: (CITY OF FRIDLEY) Postage re Crampton: 186 xerox copies: BALANCE DUE: Industrial Revenue Bond re Paschke: i27Y UNIVERSITY AVlNUE N.E. FRIDLEY. MINNESOTA 55432 571-8850 $1650.00 727.50 742.50 34.00 4.40 40.00 2.00 27.90 $3,228.30 $1,250.00 r � : � STATEMENT SMITH,JUSTER, FEIKEMA, MALMON & HASKVIT2 ATTORNEVS AT LAW 1250 BUILDERS EXCHANGE BLDG• MINNEAPOLIS, W�INNESOTA 55402 339-1481 rCity of Fridley 6431 University Avenue N. E. , Eridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, L City Manager CJN DATE � rLtA1t AtTYI�N TMIi �OAT�ON MIITM YOYR rAVMINT • SUBURBAN OFFICE FRIOLEY � J � gq1.ANCE FORWARDED FROM LAST STATEMENT 5-04-82 For legal services rendered as Prosecutor for the City of Fridley during April, 1982. Representation of City of Fridley in court on 4-01-82 (Columbia Heights); 4-05-82 (Fridley); 4-06-82 (Fridley); �4-07-82 (Fridley) 4-08-82 (Columbia Heights); 4-13-82 (Anoka); 4-15-82 (Columbia Heights); 4-21-82 (Fridley); 4-22-82 (Columbia Heights); 4-29-82 (Columbia Heightsj; for 25 contested jury 9rials. 648�hours)ed court trials and 1 gross misdemeanor arrai nment. i Preparation of 92 misdemeanor criminal formal complaints (23 hour, Preparation of 9 criminal gross misdemeanor formal complaints (4.5 hours) Miscellaneous citizen conferences (2 hours). Police administrative conferences (4 hours) Judicial administra- tive conference in Anoka (3 hours) Administrative conference SMITH, JUSTER, FEIKEMA, MALMON 6 HASKVITZ wrtowwc�s wr �wr � � STATEMENT SMITH, JUSTER, FEIKEMA, MALMON & HASKVIT2 ATTORNEYS AT LAW 1250 BUILDERS EXCHANGE BLOG. MINNEAPOLIS. MINNESOTA 55402 339-�481 CJlV �ity of Fridley � 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, L Gity Manager rL�AiC I�<TYRM TM�i rOAT10N �ITN 70YR �ArYtNT SUBURBAN OFFICE FRIDLEV � J DATE � #2 � � � BALANCE fORWARDED FROM. LAST STATEMENT 5-04-82 with Supreme Court Representative (1 hour). TOTAL TIME 85.5 hours. April, 1982 Retainer $1,650.00 Time in excess of retainer (55.5 hours) 2,775.00 SMITH. JUSTER, FEIKEMA, MALMON d. HF.SKVITZ wnowwe�s wr u�� $1,650.00 $4,425.00 � 16 C 16 D WYMAN SMITH LEONARD T.�JUSTER MENRV M. FEIKEMA ALVIN 5. MALMON RONALD L. MASKVIT2 CARL J. NEWOUIST MAWK E. NAGGEi7TY JOMN M. GImLIN wssxiwres J. CMRISTOPHER CUNEO.'= •. WILLIAM EKSTPtUM fTACEY A. D[KALD JAMES W. NOESCMLER LAW OFFICES SMITH, cTLTSTEH, FEISEMb, MALMON �c HlaSSVITZ CHARTERED City of Fridley 6431 University Avenue W. E. Fridley, Minnesota 55432 Attention: �4r. Nasim Qureshi, City Manager RE: April, 1982 Prosecution Work Dear Mr. Qureshi: May 4, 1982 SUITE 1260 �UILDERS EXCMANGE �UIIDING MINNEAPOLIS, MINNESOTA 65�02 TELEPFIONE C6�2� �.3a-14e1 fRIDIEY OFFICE e441 UNIVER5ITY AVENUE,N.E. FRIDLEY, MINNESOTA Sb432 ., TCLEPMONE C612) 671-6a70 Several major changes in criminal law and court administration will make, at least for a time, my March and April billings representative of future billings. I want to review these changes with you pointing out how prosecutor/police work will be affected. First, as I am sure you are aware, the Fridley branch of the Anoka County Court will be closed on or about June 30, 1982. In the past, we have enjoyed the advantage of having approximately two-thirds of our case load handled at Fridley City Hall. In the future, all of the jury pre-trials and trials will be held in the Anoka County Court House. This wi]l obviously add time and expense to the prosecution of a significant number of cases. Under the new and tentative trial schedu7e, Fridley will be allocated at least 78 days per calendar year for its case load. We will have at least one jury trial day and one court trial day each week. Because of vacations, occasional illness, etc., I will not 5e able to handlp Fridley court matters by myself. In fact, the Anoka County Court has asked each prosecutor to designate a backup prosecutor. I have arranged for 6. William Ekstrum of our Fridley Office and J. Christopher Cuneo of our downtown office to assist me in a backup capacity. Mr. Ekstrum is a straight A graduate of law school with prior supervisory experience with the federal government. He has been my associate for over two years and has already handled numerous appearances for me on behalf of Fridley. Mr. Cuneo is an associate in our downtown office with extensive experience in criminal law. Mr. Cuneo frequently appears before the supreme court as a specia7 assistant state public defender. I am sure that you and the poTice department will be more than satisfied with the representation provided by Mr. Ekstrum and Mr. Cuneo wheneyer it is necessary to call upon them. ' Mr. Nasim Qureshi Page Two May 4, 1982 Secondly, the 1982 legislature greatly increased the severity of vffense and punishment for repeat drunk drivers. In doing so, the legislature specified that responsibility for this new class of gross misdemeanants be handled by municipal prosecu�ors. Because repeat drunk drivers will be treated as having comnitted a much more serious offense, the law provides for a much more complex court procedure. In the past, municipa� prosecutors have only had jurisdiction over misdemeanor offenses. 7hese are the offenses punishable by a fine of up to $500.00 and/or 90 days in jail. Typically, two court appearances are associated with misdemeanor crimes. The prosecutor appears for a pre jury trial conference, and, if needed, the prosecutor, arresting officer and witnesses appear for a jury trial. Gross misdemeanants are subject to a fine of up to $1,000.00 and/or one year in jail. Instead of the use of traffic citations, each and every gross misdemeanant must be charged by formal complaint. The law provides that each gross misdemeanant make an initial appearance in the county court, an initial appearance in district court, and further provides for an omnibus hearing, a pre jury trial conference, and a jury trial if needed. This will mean two extra court appearances for the prosecutor and one extra apQearance for the arresting officer and/or investigator. 16 E It is anticipated that we will have approximately 150 of these gross misdemeanor cases to prosecute each year. While it is hoped that the increased penalties will return more money to the cities to defray the cost of prosecution, the severity of the penalties may very well mean that many more cases will be ultimately contested to jury trial. For instance, it is presently contemplated that each person convicted of gross misdemeanor drunk driving will serve a minimum of three to four months in the county jaii. Given the carnage wrecked on our streets and highways by drunk drivers, such a crack down has been long overdue. The point is that the new law, combined with a transfer of our jury cases from Fridley to Anoka, will cause increased demands on my office and the police department. So far, the county court has been most receptive to ideas that will minimize, as much as possible, the impact on municipalities within the county. Unfortunately, the law does not grant mur,h leeway. Consequently, for the most part, we will have to adapt to the system rather than the other way around. As always, it is my sincere pleasure to serve Fridley as its prosecutor and to attempt to provide Fridley with the very best court representation possible. If I can suppiy any additional information on either the �ew couri system effective June 1, 1982 or the statutory changes regarding drunk drivers, please do not hesitate to call on me. Finally, I am enclosi�g �r fee statement for services rendered to the City of Fridley during April, 1982, �ncluding information on court appearances and the number of criminal cases and complaints that I handled. I should advise you that in the . 16 F Mr. Nasim Qureshi Page Three May 4, 1982 preparation of my March, 1982.Fridley billing, I simply deleted eight hours of work in an attempt to keep the amount as reasonable as possible. Thank you. : ery truly- your , rl J e quist Fr� ey Prosecutor CJN:pap enclosure cc: James P. Hill, Public Safety Director B. William Ekstrum J. Christopher Cuneo �