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10/25/1982 - 5279OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING OCTOBER 25, 1982 � • � f FRIDLEY CITY COUNCIL MEETING � PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: October 25, 1982 NAME ADDRESS ITEM NUMBER < <.______ -__� ________________________ ___ ,___-____________-_ - _-____________-_ _____ ___-� .�. . �� , , I � ` �,� r,� � .�-<r�.., �: z_k / co �-�/ / /�°L-C�✓y''`.�cl--n.-�..; �L� / �— / : ; -Z �- - 1 � ;� r , a f_ �_ A _,._. , i _ � �i _ �1=1 t t. i• 'e." {>�4 � _ �' /� l. � / j �, 1 � ! ` `� ._ ' d� � � :� •� - ♦l._.f.l �... �. . . . //.r� / `/� v� � . _ I � ` -" � _.�-�.� /�_: : � �. _ _ �,. -.. � `F'µ `�. `..� ' . . 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I-_l �''1 __ r� --`" �-��.. �"'� �`--� � � 3�a i��'��. � l- � m ,, . : � �� // � -is� � �� - � � _ _. � _ _ �', l '/V�'J . _ , , : _. . ; y ..« � 1 �.: .. _ . +f � � .�- r .� :,s� ��" :� �'Q � `� ,� � , �_ .x� a .F � . rv�'` lFa. ✓.' � t°`_ .� . � .� �` r � _ J�j�� U � -�--._'. ,!►_-- -.r.� %3 y� _ _ _ ._.--! `. � j!'�_ _. / t =r� � \ �j � J' � �t�" �� ,�� ,� � �`�.,� " �,%i�?".��1�� ( � J� Vt�'� . _ __ _ ._. -- � �� 3 U 1��.rJ__ ��s �_,__ _.__ ��i . ..` �� °.r�,t".� % �' 3 C �_d�lt �.�. �'�'�'� (�',, v �� _� _ - . �. �-, - � � � .. � , �- ,d:. : �- - � � � � �..�. ti� . e��.�i � . �..�:. � y.r � 3 . : �Y� C�- c� - �1 . :� .: �.,� �.. � �, -�.,, . . , .-. � .� � ,. � ; -� �, �`� � �..:�.�� - -� � /� . , �� .'�"�,.,�"'�.. _. _ a�- �•�--�s• . ,�. ,. . . ..� . .. - � ��, ��.�� ;� . . �,�'��r� ,U�-, /-1- ; �� e �--� . � � /�1 �,� � ,�� ._ ��. . /9�f � 3�%Z L�4� n� �-. t�r� ,. � _ _ _ _ ___ - _ _-- -- � � . _ _ __ . _ _ _ _ ___ _ _._._� �s *: � _ - - - _ _ _ . -- - _ . _ _.___ - - -__ � � _ _ __ ; '� _ _ - i E_ . _ _ _ ___ _ _ ..._.�.. , _ _ � � _ _. _ �i�� . • ` r . . ,. � v , _. _ . _.. _._.._ _ ._ � �t � i� /' FRIDLEY CITY COUNCIL OCTOBER 25, 1982 - 7:30 P.M. MEMO TO: DEPARTMENT HEADS FOLLOWING ARE THE "ACTIONS t�EEDED~. PLEASE HAVE YOUR ANSWERS BACK IN THE CITY MANAGER�S OFFICE BY THE WEDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING. THANK YOU. �%�oVen,b�r 3�� IC WORKS APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER y, IJHZ Minutes Approved ADOPT IO�� OF AGE�YDA: Adopted as presented OPEN FORUM, VISITORS; iCONSIDERATION OF ITEMS NOT ON AGENDA - IS MINUTES) No Response PUBLIC HEARING: PUBLIC HEARING ON REZONING RE�UEST, ZOA �HZ-OS, BY CUB FOODS, M-Z TO C-ZS, 4SO %3RD AVENUE N.E. AND � RECEIVING PETITION N0� H-I9HZ PROTESTING REZONING AND RECEIVING COMMUNICATIONS REGARDING RE�UEST. . . . ...1-1M Public Hearing opened at 7:33 P.M. Closed at 9:58 P.M. Petition �8-1982 Protesting Rezoning was received Petition #10-1982 in favor received Communications recieved ACTION NEEDED: Put ordinance on next meeting agenda for consideration of first reading � � It CITY COUNCIL MEETING, OCTOBER ZS, I9HZ PAGE 2 If I CITY MANAGER CITY MANAGER I CITY MANAGER � CITY MANAGER OLD BUSINESS: CONSIDERATION OF A SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE BY MAKING A CHANGE IN ZONING DIS7RICTS FROM M-1 TO C—Z iZOA #HZ—O4), G. W. PASCHKE. . � . . � . . . . � . . . � . � �� . � . Z — Z A Ordinance No. 761 adopted ACTION NEEDED: Publish ordinance in Fridley Sun a CONSIDERATION OF THE SECOND READING OF AN ORDINANCE TO VACATE PART OF 64TH AVENUE N.E. �SAV #8Z—01), 4RA......................... Ordinance No. 762 adopted ACTION NEEDED: Publish ordinance in Fridley Sun CONSIDERATION OF SECOND READING OF AN ORDINANCE TO VACATE STREET RIGHT—OF—WAY FOR SERVICE DRIVE SOUTH OF 5%TH AVENUE N�� (SAV #79—OZ) CITY OF FR I DLEY . � � � . . . . . . � • . � � . . . . � • Ordinance No. 763 adopted ACTION NEEDED: Publish ordinance in Fridley Sun 0 .3-3A ,..4-4B APPOINTMENTS: ENVIRONMENTAL OUALITY COMMISSION iTABLED IO/4/HZ) AND COMMUNITY DEVELOPMENT � �OMMISSION . . . . . . . . . . . . . . . • . � � � � � 5 Appointed Tom Gronlund, 7411 Lyric Lane to EQC Tabled appointment to COC ACTION NEEDED: Inform Mr. Gronlund pf his appointment and put appointment to CDC on next agenda for consideration 0 � �ITY �OUNCIL MEETING, �CTOBER 25, I98Z PAGE 3 PUBLIC_WORKS NE�� BJSINESS; RECEIVING PLANNING COMMISSION MINUTES OF $EPTEMBER 29, 19g2. � . . � . . . . . . . � . . . � . 6 — 6 G A. Co�sideration of an item from Appeals Comn. � Meeting of September 21, 1982 � Variance request to reduce the distance from an intersection from 500 feet to 480 feet or from 30 feet to 10 feet from the service drive right- of-way to allow the construction of a billboard at 7233 University Ave. N.E. by FarView Sign Company, Jack Nugent.. ..... ........ ........ . 6 A �peals Comm. Recommendation: �Approved with �&�6C - 6G three to one vote Planning Comm. Recommendation: Motion to oppose this approval Council Action Needed; Consideration of recommenda- tion Item tabled to meeting of November 8, 1982 at request of petitioner ACTION NEEDED: Put item on agenda of 11/8/82 for consideration RECEIVING �HARTER �OMMISSION ��1NUTES OF MAY ZO, 1982. .%—%�' Minutes received PUBLIC IJORKS ACTION NEEDED: File minutes for future reference PUBLIC WORKS . PUBLIC WORKS RECEIVING BIDS AND AWARDING CONTRAC7 TO PARK CONSTRUCTION FOR MOORE LAKE PHASE I BASFU STORM SEWER PROJECT #137 (Bins OPENED IOIIZIHZ, 11 AM). ... H— 3 D Bids received and awarded to low bidder, Park Construction. Staff to write Hickok b Associates regardin costs ACTION NEEDED: Inform bidders of Council action and write.Hickock of the Council's concern that the work be completed within the budgeted amount RECEIVING �IDS AND AWARDING CONTRACT TO KEEHN ' �ROS. FOR REPAIR OF FILTER PLANT POOFS iCOMMONS — LOCKE PARK)�BIDS OPENED IO/I9/HZ, 11 ANi) ....�.. 9—� A Bids received and contract awarded to low bidder, Keehn Bros. ACTION NEEDED: Inform bidders of Council ar_tinn �f � ICENTRAL CENTRAL SERV � CI7Y COUNCIL MEETING� OCTOBER ZS, I�HZ NEw' �US I�JESS iCONT I NUED) CONSIDERATION OF A RESOLUTION OF THE CITY OF FRIDLEY, AUTHORIZING THE ISSUANCE OF $I,SOO,OOO AGGREGATE PRINCIPA� AMOUNT COMMERCIAL DEVELOPMENT REYENUE BONDS — FRIDLEY PLAZA PARTNERSHIP PROJECT. .. Resolution No. 96-1982 adopted ACTION NEEDED: Forward resolution tb appropriate parties � CONSIDERATION OF A RESOLUTION APPROVING A $U3DIVISION, �OT $PLIT, �.$. �82—�4, IN THE %%OO BLOCK BETWEEN BEECH AND ELM STREET� . . � . . . . Resolution No. 97-1982 adopted ACTION NEEDED: Proceed with lot aplit as approved PAGE 4 10-10I 11 - 11 A � �LAIMS. . . . . � . . . . . � . . . . . . . . � . . � � 12 Approved CENTRAL SERV ACTION NEEDEO: Pay claims � � LICENSES. � . � � � . � . � � . . � � � . . . �. • � � � 13 — 13 C Approved CENTRAL SERV ACTION NEEDED: Issue licenses � , � -► :ENTRAL SERV. �UBLIC WORKS CITY COUNCIL MEETING, OCTOBER Z5, I9H2 NEW BUSINESS (CoNTiNUEn� PAGE S EST I MATES � . . . � � . , . . . . . � . . � . . . . � � 14 - 14 G Approved ACTION NEEDED: Pay estimates � 0 COMPIUN I CAT IONS: ANOKA PARK AND RECREATION DEPARTMENT: EISENHOWER MONUMENT � . � � � � � � . � . . � . � . � � . . � � � . IS Communication received (See comment under Item #16) VFW: EISENHOWER MONUMENT� � � � . . . . . . . � � . . 16 Communication received. The Council will respect the VFW's wishes,since they donated the monumen� to have it moved to Moore Lake. ACTION NEEDED: Make arrangements for the move of the monument to Moore Lake and draft appropriate letters informing appropriate parties of the move. ADJOURN: �0:35 P.M. � - i� �' � FRIDLEY CtTY COUNCIL OCTOBER 25, 1982 - 7;30 P.M. PLEDGE OF ALLEGIANCE; APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 4, I9H2 ADOPTIOPJ OF AGENDA: OPEN FORUM, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) PUBLIC HEARING; PUBLIC HEARING ON REZONING REDUEST, ZOA #8Z-OS, aY CuB Foons, M-2 To C-2S, 450 73Rn AvENUE N,E. AND RECEIVING PETITION N0� H-I9H2 PROTESTING REZONING AND • RECEIVING COMMUNICATIONS REGARDING REQUEST. � � . ,..1-1M CITY COUNCIL MEETING, OCTOBER Z5, I9HZ PAGE Z OLD BUSINESS: CONSIDERATION OF A SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE BY MAKING A CHANGE IN ZONING �ISTRICTS FROM M-1 TO C-Z �ZOA #HZ-O4), - �. W. PASCHKE. . . . � . . . . . . . . . . . . : . . . 2 - Z A CONSIDERATION OF THE SECOND READING OF AN ORDINANCE TO VACATE PART OF 64TH AVENUE N.E. �SAV #$Z-OI), HRA..........................3-3A CONSIDERATION OF SECOND READING OF AN ORDINANCE TO VACATE STREET RIGHT-OF-WAY FOR SERVICE DRIVE SOUTH OF S7TH AVENUE N.�� SAV #%�-OZ) CITY OF FR I DLEY � � . � . . . . . . � . . . . . � . � . . � . . 4 - � B APPOINTMENTS: ENVIRONMENTAL OUALITY COMMISSION �TABLED IO/4/HZ) AND COMMUNITY DEVELOPMENT � . �OMM I S S I ON � . . . . .� . . . � . . . � � � . . � � � . 5 c CITY COUNCIL MEETING, OCTOBER ZS, I9HZ NEW BUSINESS: PAGE 3 RECEIVING PtANNING COMMISSION MINUTES OF $EPTEMBER 29, 1982. � . . . . . . . � � � � � . . . � 6 - 6 G A. Consideration of an item from Appeals Cortm. � Meeting of September 21, 1982 �� Variance request to reduce the distance from an intersection from 500 feet to 480 feet or from 30 feet to 10 feet from the service drive right- of-way to allow the construction of a billboard at 7233 University Ave. N.E. by FarView Sign Company, Jack Nugent .......... ...... .............. 6 A Appeals Comm. Recommendation: Approved�with b 6C - 6G three to one vote Planning Comm. Recommendation: Motion to oppose this approval Council Action Needed: Consideration of recommenda- tion RECEIVING �HARTER �OMMISSION ��1NUTES OF MAY-ZO, 1982. �%- ��i RECEIVING BIDS AND AWARDING CONTRACT TO PARK CONSTRUCTION FOR MOORE LAKE PHASE I BASFU STORM $EWER PROJECT #13� iBIDS OPENED IOIIZ/HZ, 11 AM)� �.. 8- 3 D . ❑ RECEIVING $IDS AND AWARDING CON7RAC7 TO KEEHN ' �ROS� FOR REPAIR OF FILTER PLANT POOFS %COMMONS - �OCKE PARK)�BIDS OPENED IOI1g�g2, IZ �i) �...�.. 9- 9 A CITY COUNCIL MEETING, OCTOBER Z5, I9HZ NEW BUSINESS (CONTINUED) PAGE 5 ESTIMATES� . � � � . . , � . . . � � � � � � . � . . . 14 - 14 � COMMUNICATIONS: ANOKA PARK AND RECREATION DEPARTMENT; EISENHOWER MONUMENT. . . , . . � � . . � . . . � . . � � � . � � . IS VFW; EISENHOWER MONUMENT, . � � . . � � . . . . � � . 16 � �DJDURN; ♦ 0 � THE MINUTES OF THE COUNCIL MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 4, 1982 1:1 � I�.l�y},. • ►.I �; 1�; �1 Yy ��.1►, � til�iyi�l�. � �.4��,:.�: ' �e Regular Meeting of the Fridley City Council was called to order at 7:30 p. m, by Mayor Nee. $,�'D�SE �?F ALLFXiIA1�CE t Mayor Nee led the C�uicil and audience in the Pledge of Allegiance to the Flag. 1�LL CALL: 1�II�S PRFSF�IT: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette. N��BF�S A&SII�lP: Norbe pq�T ntNnTT� -�IpN�L g�SIl�S,g yV�a'S WEEK. OC.'1�OBIIt 17 - 23. 1982: Mayor Nee stated he has issued a proclamation proclaiming the week of October 17 through 23, 1982 as National. Business Women's Week. APPR(7VAL OF MIl�ITES : MEET�,tjG OF SEP'1'II�BIIt 27. 1982: MOTION by Councilman Schneider to approve the minutes as presented. Seooncled by Councilman Barnette. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A�PTIOri OF AGII�: Mr. Qureshi, City Manager, stated one it�n the Council may wish to add to the agenda is a resolution for approval of a lot split for property at the c;orner of Central Avenue and Mississippi Street. M�OTION by Councilman Schneider to adopt the agenda with the above adclition. Seconded by Councilman Fitzpatrick. Opon a voice vote, all voting aye, Mayor Nee declared the motion carried w7animously. QPEN FORUMt.,VISITORS: �iere was r� response from the audience under this item of business. 1 - �j�-7 'IO Gt-2. 7941 AI�ID 7981 RAN�iER'S RL1ADf N.E.: M�TION by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice v�te, all voting aye, Mayor Nee declared the motion carried �animously and the public hearing openec3 at 7:32 p. m. �� J�. � v��i�iM1�. • � �/��C. �1; ' ' �� 0 Mr. Flora, Pub].ic Works Director, stated this is a request to rezone Lots 4 and 5, Block 3, in the Dniversity Industrial Park at 7941 and 7981 Rancher's Road from M-1 to C-2. Mr. Flora stated the Planning Caamission has revoiunended approval of this rezoning, hawever, at some point in time, if the rezoning is approved by (buncil, a variance will be nevessary for the front yard �etback of lots 4 'and 7 across the street. Mr. Dave Aarris, 470 Rice Creek Boulevard, stated that Lot 8 is already built on and it makes good sense to mave the trucking and truck parking to the back of �e property, and he would have no objection to maintaining the same setback of 35 feet � Lots 4 and 7. Mr. Paschke, the petitioner, stated as a condition of the rezoning, he would not object to a variance on Lots 4 and 7 for the front yard setback. It was the general concensus of the Council that they would have no problem with granting the setback variance, when it is requested and advised Mr. Aarris to initiate this action as soon as possible. No other persons in the audience spoke regarding this rezoning request. MOTION by CounciLnan Schneider to close the public hearing. Seconc7ed by Cbuncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously and the public hearing closed at 7: 43 p. m. Mr. Harris requested the Council proceed as soon as possible on this rezoning request so that Mr. Paschke could begin construction on his building. Mr. Qureshi, City Manager, stated if the Council so desired, the first reading of the ordinance to rezone these lots oould be held this evening. � ��,�� h �: i �� • �:�� ; ; � ��. • ; � ��: � ��. � �� : 4 ai�l� M� M �• � �� .�� 4: �� ; �; �' �' :� � �: �lr��i ��: � �� .�.�� !�:M v �� 4� ► .� � �� / � M 1�1�..'�4: : : � R�e above ordinance was read in its entirety by Gouncil.man H�nernik. MOTIOiN by Councilman Aaanerni.k to approve the ordinance upon first reading. Seoonded by Councilman Fitzpatrick. alI voting aye, Mayor Nee declared the motion carried imanunously. � :� �� e�- Q � N+. �:+ M�� .`i4��1� �� ; 4: ; �y�� : �� i �M!�/; � 4: �i�. MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried imanimousZy and the public heaing opened at 7:47 p. m. ��. ��. � ��Mr�. • �.��,: �+; Mr. Iimtian, City Qerk, stated the c3�arges made imc3er this assessment roll are �mder the authority provided in State Statutes Chapter 18.023 and �apter 104 of the City Code. He stated the roll includes work done in the latter part of 1981 and in 1982, with the assessment running for five years at the rate of 10-1/2$ interest per ann�an. No persons in the audience spoke regarding this assessment. I�tION by Councilman Schneider to close the public hearing. Seconded by Councilman eamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •a � : , r, i �., ' • ; � ��a �,« ,! ; ! • � ��, a,i : �� + a� ; w.i � � ; . . ;,u � �,� . � �.� � � ' ' Myl��% � ��. : . �� y ��N �� 1� y. ��. J��4 • : � � ; ; 1��; �� ;�M �,� M�TION by Councilman Fitz�trick to waive the reading of Ordinance No. 758 and adopt it on second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried t�animously. MOTION by Councilman Aa�►ernik to adopt Resolution No. 88-1982. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �manimously. � 012D��'F' 1� 759 R�.ATtTr q0 THE SA •LE OF REAI� ES'TATE (�11�iID BY �IE _ CITY OF FRmf.EY �'1�LE• H()L�S?� AL�'1_'_��TY F�OR AN OFFICE BUILDING: MDTION by Councilman Schneic7er to waive the reading of Ordinance No. 759 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Opon a voice vote, all voting aye, Mayor Nee declared the motion carried ua�animously. • ; � r� � �.« � � . � ; � � r�. �� , � ; � : w �.,i�i�� :a w� M • �; �!� � �� 4� ,��. ��. ; �4�,� : 4 �� ; ' : ; � �►, !� P�'I'ION by Councilman Fitz�trick to wai and adop� it on the second reading an Councilman Schneider. Upon a voice declared the motion carried �animously, �I?� : 1�I�., ve the reading of Orclinance No. 760 d order publication. Seconded by vote, all voting aye, Mayor Nee '• ��+` �1 �\e. � � � f 1 e � +\ � e � , ► � �.e � �� .i � + � � � •• . /��. � � � s.�. �,. : �I� ; �I�i�/� � 7M �+� : �4�� ; �M Mr. Flora, Public Works Director, stated this ordinance covers the vacation of that part of 64fh Avenue lying between and adjacent to Blocks 2 and 5, Ree's Addition to Fridley Park, to allow for the development of an office building and parking lot in the Center City project. 1�lOTION by Councilman Schneider to waive the reading and approve the :7 1� ��.1�. � �i�1�IM��. •' �_4��;=.�+: � . ;� awned by the same person and the buildings were joined across the vacated alley. He stated, at this time, the proposal is to sell the building that has been built across the alley, and then split the building turning over a portion of the building on Lots 21 and 22 that extend over the alley to the builcling on Lots 6 and 7. Mr. Flora stated the Planning C7armission reoaQrended approval of the lot split, with the stipulation that this approval is based on approval by the Appeals Catmission of the zero lot line variance. Mr. Flora futher stated the Ap�eals Carmission approved the zero lot line with certain stipulations to which the petitioner has agreed. M�TION by Councilman Aa�nernik to ooncur with the recom¢nendation of the Planning Carmission and grant Lot Split �82-04. Seconded by Counciman Barriette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MpTION by Counci].man Aamernik to �oncur with the recom�nendation of the Appeals Cammission and grant the variance for the "0" lot line, with the follawing stipulations: (1) all existing openings in the common wall are closed off with 12 inch ooncrete block; (2} no expansion of either building occurs along the rear lines; and (3) the petitioner work with the staff on improving the outside develo�snent. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vooting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Conmission Meeting of July 14, 1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. ; _ • • + � � �� : 4 �� M �� : 4, M: . 4v �I►� � + � C �Y:��/. • 4� �ia�. MOTION by Councilman Schneider to aclopt Resolution No. 89-1982. Seoonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �� . l� �i\ � � ' 1 �� . � 4 \� �1� \ � \ �. \N � . � . \�� 1� � 4. � 'v. �- �� 4� ��: l��M : 1� M�� : a�.; ��; �4M �,� .14M. 4. v. .�� MOTION t�y Council.man Barnette to adopt Resoluton No. 90-1982. Seconded by Councilman Schneic]er. Mayor Nee thought perhaps staff should take a look at this mattter to see how this could be changed, without the City financi.ng these charges. UP�ON A WICE VOTE, aIl voting aye, Mayor Nee declared the mr�tion carried tmanimously. ��. 1�. � M� �M��. • �.�/��.� �; : �•`.�: . �M �,� � � M�;i�l � �, y: : .� �� y: �• �M� :� � �� : �� a1! �� : : ��'�i M�,�lv: �� i;,� • �I,� �� ; �� h� � �V� Y� � . ► 1,1��• I�TION by Councilman Fitzpatrick to adopt Resolution No. 91-1982. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �aninausly. + �.�% .11M �i� � � �M ��. � � � y.�� i� ��1� ��. �\. 1 y .'Fyl: �1� �� : �1� MOTION by Councilman Fitzpatrick to adopt Resolution No. 92-1982. Seoonded by CounciLnar► Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : �+�� .1FM �i� � � ' ' : ' a:�U/��. '1 1=_� ,1 �;� �� 4 i . 4:. !� : �I�1; • M�+��:: . /��, 1 ; �i� v �Y: �l MOTION by Councilman Schneider to adopt Resolution No. 93-1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried imanimously. : • �� ' � � �: �. i� � ; � � . . .� � � �+ y.4M �� 1 1! � a��; 4.1 , � /yvl: �; ' : ��I�; ; �+ y.� �,� Mayor Nee stated there is a recotrmiendation from staff to increase the pay for the election judges. MOTION by Councilman Fitzpatrick to acbpt Resolution No. 94-1982, with the aQnenc�nent of the oompensation fram $3.35 per hour to $3.65 per hour for Regular Judges and from $4.35 per hour to $4.75 per hour for Chairnnen of the Election Board. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried w�animously. I : �: � , � �J� � � . . : • 4.1 44 � �+; fs. � : � ��, : � �M�! 4 �1� �� ; � �1��: �. 4� :� 1 111 111 � , C� : '; � ';_ :u• � •� ��4 �C� : � �/ . .� ' y �M C �/ �l =.� �I� ;l �y: ; � M: : �. «� U ' ; �� .� Mr. Irrman, City Clerk, stated Ruether Distributing Company has plans to build a disribution facility in Fridley and a public hearing was held regarding the issuance of the industrial revenue bonds. Mr. Irm�an stated information was given to Council on the bond sale and all the ryecessary cloctnnents have been reviewed by the City Attorney' s Office. Mr. Inman stated Ruether's attorney is present if the Council has any questions. MOTION by Councilman Barnette to adopt Resolution No. 95-1982. Seconded by Council.man Fitzpatrick. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried �u�an�mously. 15 16 17 1 ��'.1 ��.1�, r �� +M��. � �_��,:.�+: ; �+.« ►/��. : �- �'��: M �,� : �� r :: ��. ��5, ; �� 1y1�'�� '�►/�'v�,� v��+%�. �: . M ��.y'v �.� MOTION by Councilman Schneider to receive the resignation of Jon Erickson from the Enviror�mental Quality Commission. Seconded by Councilman Barnette. Opon a voice vote, all voting aye, Mayor Nee declared the moti� c,arried ia�animously. MOTION by Councilman Schneider to table the appointment to this Ooimtission. Sevonded by Councilman Hamernik. Upon a voice vote. all voting aye, Mayor Nee declared the motion c,arried tmanimously. M�i�� . MOTION by Gouncilman Schneider t�o approve tlze licenses as subsnitted and as on file in the License Clerk's Office. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �an�mously. « � �u MOTION by Counci]man Barnette tro authorize payment of Claims No. 262547 through 273N10. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��„i,��,i�; M �,'� �; � �': ;��„�� Qouncil.man Aaanernik stated he felt, in �njunction with Fire Prevention W�ek, it w�ould be in order to �end a letter of cam�endation to the Fire Depart=nent in appreciation of their efforts in this field. MOTION by Councilman Aamernik to request staff to send a letter of oo�mendation to the Fire Deparianent. Sevonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : � � 1: ��v�� MD�i'ION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously and the Regular Meeting of the Fridley Gity Council of October 4, 1982 adjourned at 8:12 p. m. Respectfully submitted, Carole 8addad Secretary to the City Council Approved: William J. Nee Mayor PUBLIC HEARING BFFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Nearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, October 25, 1982 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Rezoning Request, ZOA �82-05, by Cub Foods, to rezone from M-2 (heavy industrial areas) to C-2S (general shopping areas), Tract 6, Registered Land Survey No. 78, located in the South Half of Section 11, T-3Q, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 450 73rd Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Publish: October 6, 1982 October 13, 1982 , WILLIAM J. NEE MAYOR �� . ; . ��.. �� . . ,� n�,orrr 'i � �' ! • � �-Z .+ � � ., , ;� . , . ; : t.�� . i � •�i '.. � � . i i �. _;�' , : � J - t�.�.r.n. � i� � � -. •�,ti , .�. ... � . � .� . , it.s ..; . � �i . F 't + ' ' . .�. • i- ij : � : � � � M,z "''�"' t �� .. �� ;;� i �� . i! � • � ' ' • �� • . . � . � I, • .. � � • � ��;� _ °+.�' I� �: • �aetNtt �` . ' • �� . �!� - � ' . i ' f/' � I ' . 1. : . . • � J � ' • � � � - : t� � ' . • r � �� • • . � ... _ � -.. �! r� i�* j � 9��N , . • � ! � • 1M rr� � � ,•� . i. •• Q i� i! � � �� ! � �`+ "�"` C .� � o �i � ' � 1 :1 i: ~ �-i- � � ZOA �182-05 Cub Foods ...,. �., � . ,�,/" � lA� - i i�`�' R-� � � R• l� i� . _.. � � T11s 1Nrr[�or� t�artr�• ... �- • •�`' i . . ..� � . .�� . � ' •� n � ' ' � a 'iT .� n • `� � �� ;, :� •/ �I• `� C • � `_r � ► � � •' � t3 a � Q� � �'r� � tr u l�i c,s t� �� .� �� ,� � �� I 1B ZOA �82-05 Cub Foods 11 - - � - - - - --- � � �___��---� �♦ . . � �------ - ..�..-- -� ,�/ • ' • � . � , � r � ■ • j �,� �'� � . , r � � . 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John Crouch, representing Kunz Oil Company See attached lists APPROVAL OF AUGUST 18, 1982 LPLANNING COMMISSION MINUTES: PIUT'ION BY NS. VAN DAN, SECONDED BY 11R. KONDRICK� TO APPROVE TNE AUGUST 18, 1982, PLANNING COMMISSIDN IHINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOlNAN SCHNABEL DECLARED THE MOTION QIRRIED UNANZNOUSLY. 1. PUBLIC HEARING:_ REZONING RE_QUEST,__ZOA #�82-05, BY CUB FOODS: Rezone from iT eavy in ustria areas, to C-2S genera s opping areas), Tract B, Registered Land Survey No. 78, to allow the construction of a new retail sh�pping area, the same being 45Q - 73rd Avenue N.E. JIIIOTION BY lgt. OQUIST, SECONDED BY JyR. SABA, TO OPEN THE PUBLIC HEARING ON RSZONING REQUEST, ZOA NB2-OS� BY CUB FOODS. UPON 1! VOICE VOTE� ALL VOTING AYE� CHAIRW0IHAN SCXNABEL DECLARED THE PUBLIC BEARING OPEN AT 7:35 P.X. Mr. Boardman stated this proposal is to rezone this parcel from heavy industrial (M-2) to general shopping (C-25). The general shopping zone allows the type of uses that generate large traffic and traffic parking areas. The proposal submitted 1D PLANNING l�N�lIS5I0N MEETING, SEPTEMBER 15. 1982 PAGE 2 initially was for the rezonin� of the entire M-2 area. approximately 27 acres. There has been some modificat�on to that. and Cub Foods has reduced the request Lo rezone only the property facing the University Ave. service drive. The property in back will remain industrial (M-2). He stated he would now tur� the meeting over to representatives from Cub Foods who would give their presentation. Mr. Charles Hooley stated he was the President of Cub Foods. He introduced Mr. Don Pollard, Director of Real Estate for Cub Foods, and stated Mr. Pollard would present their proposed plan. Mr. Pollard stated this is,a 27-acre site. After rezoning approximately 11.2 acres, Cub Foods would take up approximately half of that land. They would also have a 40,000 sq. ft. drugstore, 10,000 sq. ft. of small shops, and a restaurant. He stated they have landscaped the area. They have a parking ratio for the entire site of 7.26 cars per 1,000 sq. ft. They have honored the City's setback off 73rd Ave, of 100 ft. which runs the entire distance of 73rd. Ms. Schnabel asked if Cub Foods had any tenants in mind for the other portions of the shoppi�g area. Mr. Pollard stated they have tenants in mind, but have no contracts with them at this point. Mr. Kondrick asked what the setback was between the service road and the buildinq. Mr. Pollard stated the setback was about 400 ft. Ms. Schnabel asked what the distance would be from 73rd Ave. to the Cub store itself. Mr. Pollard stated there was over 600 ft. from 73rd to the Cub store. Mr. Pollard stated trailer storage would be between the buildings so they would be screened entirely from 73rd. Mr. Saba asked about the hours of delivery. Mr. Pollard stated the delivery hours are 6 a.m. - 5 p.m.; however� there would be some evening deliveries because the operation would be open 24 hrs. a day. Ms, van Dan asked from what direction would the trucks be entering Cub Foods, and what route would Cub Foods recarmend they enter the operation? Mr. Pollard introduced Mr. Shelley Johnson from Barton-Aschnan, who had done the traffic study for Cub Foods. Mr. Johnson stated most of the trucks will probably come from the south from 694. After the first time deliveries are made, drivers can be instructed on how they should approach the store. From a traffic perspective. the trucks could lE PLANNING COh�1I5SI0N MEETING, SEPTEMB_ER 15, 1982 PAGE 3 use either the intersection at 69th b University or the intersection at 73rd 6 University. Both intersections have sufficient capacity to accomnodate the volume of truck traffic generated by the store, so the truckers could use which- ever intersection was easier for them to negotiate. Ms. Gabel asked how close the first entrance was into Cub Foods from 73rd Ave. and was it a two-way entrance? Mr. Pollard stated the distance was approximately 220 ft. and it was a two-way entrance. Ms. Schnabel stated that in their agenda material, some comment was made in the traffic study about possibly changing the road configuration by repositioning the restaurant and perhaps going out behind Lhe restaarant. Mr. Johnson stated that in the"Traffic Impact Analysis" done by Barton-Aschman Association for Cub Foods, they did point out that there is a potential way to solve a problem that may arise in the future. The vehicles that enter and exit this site may in the future create enough volume to possibly warrant a traffic signal on 73rd. They do not know enough about the numbers and what is goina to happen further to the south to say for sure that there may be a need for a signal. So, what they have said is that an option should be kept available to the development and the City that says if a signal should ever have to go in there, it can exist 400 ft, from the 73rd b University signal. However, if the roadway was further detached to the east and brought up on the back side of the property, that would put approximately another 300 ft. of space between signals, which was more desirable from a traffic signal standpoint. What they are saying is that this is a little better design if a signal is ever necessary. Mr. Hooley stated he would like to show some slides to more familiarize the Planning Comnission and those in the audience with what the Cub Store would look like if they were located in this area. Mr. Hooley stated they are very proud of the cleanliness they maintain in and around the store. He stated all the garbage and refuse created in the store goes directiy into compactors and containers outside. All trucks back up to the dock, and all handling of refuse or product occurs within the store. Maintenance continues 24 hrs. a day, both inside the store and outside the store. Mr. Hooley stated this new store would create 123 more jobs for the people in Fridley. Their tax base per year would be around �4-500,000. Mr. Richard Almstead, 1311 Tempo Terrace, asked what the estimated traffic flow would be into the area on a 24-hr. basis, 7 days a week. Mr. Johnson stated on an average day, the development,as they analyzed it, wi]1 generate approximately 10,000 vehicles, 5,000 in and 5,000 out, for a"design day". A"design day" is the day they use and the peak hours of the day to determine whether or not the roadways are adequate. But, on a design day which 1F PLANNING CON�IISSION MEETING, SEPTEMBER 15. 1982 PA6E 4 is that day that will occur approximately 20-25 days a year, there will be approximately 12,000 vehicles. 6,000 in and 6.000 out. He stated they must remember that of these numbers, some of the traffic is already out on the road- ways and is not a11 new traffic. Mr. Almstead asked if Cub Foods had any kind of solution for the homeowners on the north side of 73rd on hwo they can compensate for the increased traffic flow, the noise at 2 a.m. Sunday morning or Saturday evening, and the access to Locke Park from 73rd. Mr. Hooley stated he had done some research on the traffic and pedestrian problem. He had checked back into the records for Super Valu for five years, and a pedestrian has never been struck by a semi-trailer. Mr. Pollard stated the property is presently zoned M-2. Cub foods could come in and build a warehouse for all the Cub Foods to handle all of their trucks under the present zoning. Also, other manufacturers and distributors could come in, acquire the property, and with the rail spur that exits right now to the back side of the property, they could run ten times as many trucks out of there and could hire employees that work around the clock. He stated one thing with a Cub store is that all their traffic is split up. There are only so many cash registers, so only so many people are leaving the store at one time. Mr. Hooley stated they complaint about either allowed a parking area be a problem. have 11 Cub stores right now, and they have never had a noise or traffic. He stated that in this plan, they have behind the store for trailer parking so that would not Mr. Allan Quam, 399 - 73rd Ave., stated they felt that in Cub's zeal to expand and increase its income, Cub Foods has demonstrated a total lack of sensitivity and regard for their neighborhood. He stated Cub had obviously done splendid market research, a traffic study� and untold planning sessions and hours; yet, no one involved in the community had been approached by Cub to see how the people felt about Cub moving into their neighborhood. It could have saved Cub a lot of time and money. He stated the peoPle were at the meeting to demonstrate to Cub Foods that they do not want Cub on that site; and if Cub persists, the people can only assume that Cub Foods does not care about the neighborhood. Mr. Quam stated that two City Council,members suggested two ways for the neighbor- hood to demonstrate their feelings--a good turnout, and a petition. He stated this petition has 394 names, and a cover letter is attached to the petition. Ne stated he would like to read some of the points from that letter: 1. This is a residential to our neighborhood. 2. Existing business is directly on 73rd Ave. area. A shopping area would be an eyesore buffered by a greenway and not located 3. We feel this would most certainly lower the value of our property. 1G PLANNING COhMISSION MEETING, SEPTEMBER 15. 1982 PAGE 5 4. 73rd Ave. is a thoroughfare. The traffic level hns already reached the saturation point. My increase in traffic would make access to and from the Melody Manor addition very difficult and dangerous. Melody Manor residents have only two intersections through which to enter or exit 73rd Ave.; both af which are currently hazardous at peak hours. (Mr. Quam stated the people on Rice Creek Blvd, seem to be very con- cerned, because of the problem they have now in getting in and out. He stated that in using the figure of 6,200 cars per day, assuming 80� enter the service road between the hours of 8-10 p.m., that means a car on that road every 10 seconds.) 5. Residences would be subjected to considerable and undesirable debris, noise and disturbances. 6. This property abuts Locke Park and is located near other parks, schools, and churches. Increased traffic in this area gives us great cause for concern regarding the safety of our children in walking or riding bikes to or from these locations. Mr. Quam stated they are respectfully requesting that the integrity of this neighborhood be preserved with the denial of this request for rezoning. NOTION BY MS. GABEL� SECOrNDED 9Y XR. OpAIST� TO RECEIVE TXE PETITION REQUESTING TNE DENIAL OF REZONINC REQUEST NZOA lY82-05 BY CUB FOODS. UPON A VOICE VOTE� ALL VOTING A YE, CHAIRWOMAN SCANABEL D�CLARED TiIE MOTION CARRIED UNANIMDUSLY. Ms. Schnabel stated this petition would go with the Planning Commission's recommendation and minutes to City Council. Mr. Bill Boatman, 531 Rice Creek Blvd., stated the reason they got a traffic signai at 69th b University was because they signed a petition, and the neigF�bors agreed to pay for it to help protect their children. Now that stop light that was paid for by the neighborhood is going to be used by Cub Foods. Mr. Frank Waks, 7574 - 4th St. N.E. stated that the people in Melody Manor know . that most people in this area who ar� going to travel to Northtown are not going to buck the traffic lighis; they are go9ng to trave7 through Melody Manor to get to Northtown. Mr. Waks asked if Cub Foods had ever considered looking nt the piece of property on the cprner of Mississippi St. and University which is owned by the City. Mr. Boardman stated the City has approached Cub Foods about this piece of property and Cub Foods has looked at it, but the Super Valu screening board hes advised Cub that this is not a suitable location for a Cub store. 1H PLANNING COM9�IISSION MEETING, SEPTEN�ER 15, 1982 PAGE 6 Mr. Pollard stated the City Staff has shown them all the real estate available in the City of Fridley, to his knowledge. Mr. Hooley stated they have toured all the locations in Fridley. and they felt that 8.8 acres was not quite adequate for their store. They felt the location on 73rd and University was the most desirable location. MR. Stan Kowalski, 7450 Tempo Terrace, stated that if Cub Foods moves to this location, School Dist. 16 is losing a tax shelter. Mr. David Thiele, 7300 Tempo Terrace, stated that the majority of the people present at the meeting shop at Cub Foods. He stated they were not against Cub Foods. but are against Cub Foods in this location. Ms. Alice Rassier, 7540 Tempo Terrace, stated she was concerned about Fridley itself with the buildings that are sitting empty right now and all the little restaurants and shopping centers Fridley already has. She was concerned about adding another shopping center. being so close to Northtown, because she thought the neighborhood is looking cr.umby. Ms. Judy Quam� 399 - 73rd Ave.. asked what Cub Foods would do as far as noise abatement. Mr. Hooley stated they would be doing a lot of landscaping. He stated Cub has 11 stores. They have residences all around those stores; and to his knowledge, they have never had any complaint about excessive noise or excessive traffic. Mr. Dan Hagen� 7390 Lyric Lane, asked what Cub intended to do with their old store. Was it going to turn into another empty building? Mr. Hooley stated they do not have any plans for the old Cub store at this time. He stated that type of store with the vast open area inside and the parking area is not hard to rent. Mr. Hagen stated they are all concerned about the traffic noise. Mr. Shelley Johnson stated that in talking about the number of vehicles comina into and out of this development. they must remember that not all the vehicles will be on 73rd, not all of the vehicles will be on 73rd east of the frontage road� not all the vehicles are going to be on 73rd west of the frontage road, and not all the vehicles are going to be on the frontage road south of this site. The traffic will be divided. According to what they have estimated, approximately 28-29� of the traffic departing this site will utilize 73rd to the east of the frontage road� approximately 35% coming from the north on University will utili2e 73rd west of the frontage road, and approximately 36-37� coming from the south on University will probably utilize 69th and use the frontage road past Columbia Arena. Mr. Bob Wienert. 7311 Lyric Lane, stated he was the one who took the petition to the people who live on Rice Creek Blvd, and informed them of this rezoning request. He stated there is a portion of Rice Creek Blvd, that is virtually landlocked; there is only one road in and out. Proposing approximately 3,000 more vehicles going in and out of that area is ridiculous. 0 � lI PLANNING COMMISSION MEETING, SEPTEMBER 15, 1982 PAGE 7 Ms. Karen Dove, 7305 Jackson St.. stated they have a lot of traffic on Jackson Saeet because of Unity Hospital. The quality of life in their neighborhood is such that people do a lot of walking and bike riding, especihlly in the early evening. Early evening is also the time when people do a lot of grocery shopping, and they are concerned about someone getting hit by this increased traffic. This kind of developnent is not the kind of thing they want to encourage. Mr. Ron Mattson, 7324 Symphony St., stated that if the rezoning request is denied, someone could come in and build a large distribution center on this site. Did Cub Foods intend to build a large distribution center on this site? Mr. Hooley stated they could do that. but that was not their intention. Ms. Elizabeth Youngmark. 130 Talmadge Way. stated she was in favor of the new Cub Foods store. She stated Cub Foods was expanding to benefit the people and to make it easier for them to shop. Ms. Schnabel stated it seemed to be the concensus of the people present that they do like Cub Foods and shop there. They would like to encourage Cub to remain in Fridley, but they do not want the store in this iocation. Mr. Charles Smith, 7301 Jackson St., asked if the City knew what the volume of traffic was in terms of semi-trailers at the Target Warehouse per day and how that would compare to the Cub Foods operation. He stated that would be interesting to think about in terms of traffic and employees. He stated he thought this proposed Cub Foods development was a real change-about from the type of thing the Planning Commission and City had in mind when they zoned that area south of 73rd to M-2, The Carter-Day and Target Warehouse operations are probably more in line with what the City was thinking about. The question was asked from the audience that if this rezoning request was denied, would Cub Foods move out of Fridley? Mr. Hooley stated that if this rezoning request is denied by both the Planning Cormission and City Council, they have two alternative sites that are not in the City of Fridley. NOTION BY MS. GABEL, SECONDED BY MR. XONLIRICK� TO CIASE TfIE PUBLIC ilEARING ON ZOA N82-OS BY CUB FOOAS. • UP�IV A VOICE VOTE� ALL VOTSNG AYE� CHAIRWOMAN SCXNABEL DECLARED TXE PUBLIC I�EARING CLOISED AT 9:I3 P.y. Mr. Kondrick stated that a lot more traffic will be going by the entrances to Locke Park, so the traffic volume was of concern to him. Ne also thought there was going to be more traffic on 69th because of the new comnunity park across the street. He did not think the traffic siqnal at 69th would be able to handle that traffic plus the additional traffic generated by the Cub Foods development. From a parks and recreation point of view, he was not in favor of this development in this location. 1J PLANNING COMMISSION MEETING, SEPTEMBER 15, 1982 PAGE 8 - - _________ Ms. 6abe1 stated that the traffic study showed that at peak hours. the traffic conditions are at "D" condition now. and she did not find that acceptable. If the conditions are at "D" now. the level will increase with the development. She stated that in addition to the "D" traffic conditions, she also saw this as a spot rezoning which she has always been opposed to in the City. She stated the City has a Comprehensive Plan, and she did not believe this development fit into that plan at all. In the Comprehensive Plan, the City has a conmitment to the Center City area and they need to see that developed. By allowing this develop- ment, they would be jeopardizing their Center City project, and she did not think it was in the City's best interest to do that. Mr. Saba stated he agreed with Ms. Gabel. He was also concerned about the traffic. He stated he thought Cub Foods was a great operation, and he would like to see them locate somewhere in Fridley, but this particular location was just not suitable in terms of the residential area. Ms. van Dan stated she was speaking as a representative of the Human Resources Cocmission. She had grave concerns, because she did not fee] this development was in the best interest of the residents. She did feel it was important they have high tax return industries in the tarmunity, but she also felt they should consider the wishes of the neighborhood. She had great concerns about the traffic pattern. and she was concerned about how this development would affect the utili- zation of the new comnunity park and the bike trail. Mr. Oquist stated he was concerned about strip or spot zoning and the traffic. He was not sure the traffic study took into consideration the traffic that will be generated by the new community park. He stated that is going to increase the traffic fiow at 69th and 73rd and will create a real problem. Mr. Boardman stated there are some concerns from Staff's point of view. This is and has always been zoned industrial. They are concerned ebout creating 73rd as a major focal point compared to University and Mississippi. University and Mississippi has had substantial city financial commitment. The HRA is involved in trying to develop the Center City as a commercial retail focal point for the City. Staff feels there could be some potential problems by shifting that focal point to 73rd. Ms. Schnabel stated she would concur with that. It bothered her that they would be taking the focus of the business community from a comnit,ment that was already made to Mississippi and University and shifting it north to 73rd and University. She would be afraid of the long range affects on the Center City area which the City has made a commitment to. lIOTION BY MR. OQUIST� SECONDED BY MR. KONARICK� TD RECOMMEND Z'�O CITY COUNCIL DENIAL OF RE20HING REQI)EST� ZOA N82-OS� BY CUB FOODS 1�0 REZONE FROM M-2 (NEAVY INDUSTRIAL AREAS) R�O C-2S (GENERAL SAOPPING AREAS)� TRACT B� REGISTERED LAND SURVEY NO. �B� TO AI�LOW TXE CGINSTRUCTION OF A NEW RETAIL SXOPPING AREA, TBE SAME BEING 450 - 73RD 1lVENUE N.E.� BASED ON TIiE REASONS DISCUSSED ABOVE. PLANNING COMMISSION MEETING SEPTEMBER 15, 1982 PAGE 9 UPDX 1l VOICE VOTE, �LL VOTIN6 AYE, CHAIRWONAiV SCBNABEL DECL�IRED THE MOTION GRRIED UNANIPJWSLY. Ms. Schnabel stated this item would go to the City Council on October 25. She thanked everyone in the audience for coming to the meeting. Chairwoman Schnabel declared a ten-minute recess at 9:27 p.m. 2. PUBLIC HEARING: on a wood building, East Ranch er ect�on . ,,. o a ow an over ea roof �`rame, approximately 30' by 50' on the east end of an existing for a display area for fresh produce, located on lot l, Block 1, Estates, the same being 7620 University Avenue N.E. 1K MOTION BY MR. SABA� SECONDED BY XS. GABEL, TD OPEN THE PUBLIC XEARING ON SP M8Z-09 BY ROBERT SCHROER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN 5CNNABEL DECLARED THE PUBLIC HEARING OPEN AT 9:39 P.JN. Mr. Boardman stated right now this is classified as a tent area, and Mr. Schroer did get a temporary special use permit for the outside tent for the produce. This was done by the City Council on September 13 to allow Mr; Schroer to go ahead with his produce sale. In the process, Mr. Schroer is submitting an appli- cation for a permanent location for the special use of.an outside display area. Mr. Boardma� stated a letter was sent to Mr. Schr�r'on July 14, 1982, identify- ing items that are in non-compliance with City Cdde. These issues are ones of concern for the special use permit. � Mr. Schroer stated the use of this displa� �rea would be strictly seasonal-- May 1- Oct. 1. One of the reasons for d"oing this is because people like the outdoor market, and he may even open if up to some farmers. MOTION BY J�II2. KONDRICK, SECOND BY 1►1R. SABA, TO CLOSE THE PUBLIC HEARING ON SP �82-09 BY ROBERT SCe�ROER. * � UPOlV A irOICE VOTE� ALL VOT G AYE, CXAIRWOMAN 'S�HNABEL DECLARED TXE PUBLIC BEARING CLOSBD AT 10:00 P X. �. Mr. Oquist stated he d' not see anything wrong with t request. Mr. Boardman stated here are a lot of traffic problems and confusion in that area, and they are �rying to eliminate that confusion and have a more orderly flow of traffic i�� that area. There are some things in the property itself that can be done to assist with those traffic problems. �' Ms. Schnabel suggested that Mr. Schroer and Mr. Boardman sit down and work out the se probl ems . 1L 6230 Jupiter Drive N.E. Fridley� Minnesota 55432 September 29� 1982 Fridley City Council Ci ty o f Fri dl ey 6431 University Avenue Fridley� Mn. 55432 Dear City Council Members� As a Fridley resident and taxpayer since 1957, I was extremely concerned ahen I just recently read that we may lose Cub Foods. It would seem that when all points are seriously considered, the advantages of a Cub Food operation Would far surpass the disadvan- tages of a relatively few dissenters. Such a fine organization as Super Value and Cub Foods would surely make sure that the proposed facility they have in mind would not only provide a super shopping place for our people� but that it would also be esthetically exceptable. With the economy the way it is it seems to me that Fridley can ill afford to lose the tax base and the jobs that such an operation would provide. What can the rest of us do to help save Cub Foods for Fridley? Sincerely, ��'�.11� ' Keith B. Hart C�_�:�.- - �.•�t= 6536 Uniy.►sieyr Awnw N. E. M.Ur C«�t.r A4inn.ape('s. A�inntseta SSA2 Pheir S71d600 October 17, 1982 1M City Council City of Fridley 6431 Univeraity Ave. N. E. Fridley, lHn. 55k32 Dear K�ayor Nee and Council Mesbera. You recently received n letter lrom the Fridley Chasber oi Coanerce regarding the Cub rezoning request. Although the stationery carriea ey name, the letter doea not repreaent qy point of vieM. First. I do believe that Cub ahould be encouraged to build and aain� tain their operation in Fridley. Ho�ever� the rezoning oi the land at 73rd and Univeraity is a ahort-aighted solution Mhich could reeult in long tere problems tor the entire conmunity. NeM development ahould occur through organized profeaaional planning, Mhich provides tor atable,comprehenaive groMth and econonic develop� eent. Spot or etrip resoning doea not do thie. Fridley currently haa a number of epot zoned retail areea. The reault ie that Fridley doea not have a definable dovrntov►n area. Instead. Ne have several retail areas scattered throughout the city� none of which can provide a total package of service to the people. It is aimpler for thee to go to e large shopping center. This dividea our connunity and ruins our ability to build any kind ot public image. It aleo limits our ability to attract neN retail busineaa into e�cisting centera. Some oI these centere currently have vacanciee, and there Nill probably be nore if Me look to apot rezoning aa a quick fix. Fortunately� you have recogniied the problem end are atteopting to correct it in your Comprehensive Developa+ent Plan. A lar�e part oi this plan includes the Center City Project. Nhich has the neceasary professional planning and long terv City coe�mitment� to provide continoua economic growth ior Fridley. The City and Cub ahould be encouraged to work together to tina a location within this project. This Mould be consistent with the zoning, consistent with:the Com� prehensive Plane. and Mould not have any adverse impact on residen- tfal neighborhoods. Sincerely,� �1Q�c.�� Flarcia Schaai. esident Schaai Floral F , �.. �., . «- . .��,� � �� «- . �� :�- ... - . - �:�- .�-� : - • 1� ' 1 i I}: • Y• ' ►• ' 1 r:/• !i' 1 • 1 1 Y' F, The Co�u�cil of the City of Friciley do ordain as follows: SBCTION l. Appendix D of the City Code of Fridley is aanended as hereinafter indicated. SDCTi�i 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 4 and 5, Block 3, Dniversity Industrial Park, lying in the South Half of Sectfon 2, �30, 1�-24, City of Fridley. County of Anoka, Minnesota, Is hereby designated to be in the Zoned District knoMm as C-2 (general business areas). S�C1ZQ�1 3. �at the Zonir�g A3ninistrator is directed to change the official zoning map to shaw said tract or area to be rezoned fram Zoned District 1�-1 (Light Industrial areas) to C-2 (general business areas). . . �� • � �1� :►• .:�: « • . • • u: �; �:� � � • � WILLIAM J. I�E - MAYOR ATl'ES'P: SID[�Y C. II1�1��1N - CITY CIF.E�[C Public 8earing: gctober 4, 1982 First Reading: Second Reading: Publish: ZQA �82-84 1 �t � • t � � ' . 1 W � � 1 �' y � � y 20A �82-04 PascF�� 2 A �L3 ( .1.1 2DO.00 'LO t . a19 t5 r� Sq'25'36"W ; I 1�`; '� ��i° 2� �8 LJ � M, � ( �� 1 i g i7 / -� � i -.. /, � •n s � � � + , � � r' ' (� � � �i�- � � � � o� �,1 � � a ; N r � rl ' ` . � r..... � � i� v� N . �fi •, ,j,'n � ' � `+ '� r229. 4� 4 r� ` Zs � �� - - - - - - - - - � a-� K � r N � _ ! � M N aq•2$'s� w 1 _ �c � ~ ? o.0p , ?Ol. gg �. "' � : � � -� o r zs 3� w �� __,..�, �____'�K �°I i �� _ ^__ j� .� � � I G�2 ,, � N �• I r J 0 � N� a � � i► � .� c � ,; a � 3�-01 4 � � o� a Z� _ , r i �i - o ; � N� ( I '-��- � ° � ( ' � e i 24'1. �q ---�t 2v�.9a ' ao �I N�9°25'38"W ' - 15�3P� W �p ��_ ?S z5 ! � � �. ; r — ,_ to � , i _ w � , �_ , , I.o N , : - � � vir� " (- • i � I ., g� .� � � ,,'�� . ,� � 0( p �I 0 , d �.�W N r, � Z � (K � � / ��; I ' � i� � . v V /�� i Z �, � � �a,• ' � . �AI 224.q� � ��/ �' ,�� hd;��I10 I t� 89°25'3S'1�J � � rl �9°25'� W .f,'s9 � ss � �,ti: �tn � �t� , � � �,`�o�� ?�h�p� ��n 0 ...� 3 I ( /� 1� � i2 N,��l/'ZZ'E•' f�F rs ��f �� p � �1� i �.i , �o �s� ;( I � � N � p I �I r' �'�b �`t��' ,`� � 10 ' � �-� �I � ' , b %;° �.; ` /�'�" 1 I . o� N� �� , � .,p. o+ ; �; � ~ �,�a� .��' �-2 � � � Z 1 � �� _1 33 33 ��,d� �•sb. � 3Q `a ,� � e��A�,� �� I , �° ��' / �"�� ---------°ta'' _ � �� I13.o3 �� L � �72 �3 , _ I i d' �, 1 o Io2 �►� o i • '� �-- -`" — `– J �°� � ' .�� - 8 g °� � � :ss 3, '1q�N �NUE �� qm ' N, C�. b 3 '� ��s.� �. H•� � �� G 't ao.31 � N gft°2$51"b1 � � �.�. hovT�t L�r+4 ap TNE NW'14 �F?►tt �7W`�4 V --, v� oF �,s�r+or 2, Tow�s,M�P *�, ito.r+as 24, � � I or � w � x � � �7-j-� -� � L7 �j � �, v;.1 C� �� L � �'i n {-T i r�i'J V � ,r i, � � �► `Z -t ORDIMAt�E 10. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO YACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITIf CODE The Council of tha City of Fridley do ordein ss tallows: SECTION 1. For Lhe vecetion of street right—of—Ney, described ae fotlors: Atl thet part of 64th Avenue N.E. lying betrreen and edj acent to Blocks 2 and 5. in Ree's Addition to Fridley Pe�k, atl i� the South Hetf of Section 14, T-30, R-24, City of Fridley� County of Anoka, Minnesota. Be end is hereby vaceted. SECTION 2. The seid vacation hes been made in oonformence Mith Minnesote Stetutes end pursuant to Section 12.07 of the City Charter end Appendix C of the City Code shell be so emended. PASSED AND ADOPTEO BY THE CITY � FRIDLEY THIS , 1982. ATTEST: NRLLIAM J. NEE — MAYOR SIDNEY C. INMAN — CITY CLERK Public Hearing: July 14. 1962 Fi�st Reading: dctober 4, 1982 Second ReadinD: Publish: _ DAY OF 3 ._... . .. � �� ' . _ ` " � • ' : z-.�..�'... � �.iC :f"a Z;'!, L' a�. : ' I� . ' • • • �s . '. : � .�-' i. �N : � � ;: �� Z!Ca'^�yft:.�' � ti��.;�.. � • :�"�Yi"� �.i� w••��_•. . ' � ' - ."�. � � � �•'+�. .. s.'a. j. •. ,�''... ��-. �• '•sL � � _ !� . - . . -' �. ; -~`V : �• ;" � •�!''•::r ?'f j�;.=. *' ;�'�-:.':- � `�, F'; :• ; ..- -+ . �• s •. • ♦ ♦!• :!"� � �,' _ L•� �r ' �.�� J Zf � �Z Y � ��• i .. � . . ' S ,. .• • . . � � i • '' * =' •� • �} 'S. � . �t" �' . •«" ��'' �•�' , ..fi . . ��.� +�```,.y,i.,!� s:�_�r��•1�'_t.�. �:i�%�-..� • �.�,• '- ' "'- . • . . . �i . : �, � f�.. a�:± • .�l: . . �''��i ! . . � • _ ,n .,1� , � • - . a _' �•� •s•'' � �� .ly '�. •'� : 1f�` •� .•t. � !� w� �t - •. i�. • •r , _ .• • .• � '_ � .� .�= . '• �•: , •• r •!�'�♦ � .`t:.i':' `�=- ' • ... . . � � ti, •7.. .r� � - jl.��• �' • ` :�: . . �� • ' . . ~ = . •• _ • - - ��i . . � SS�SSIPPt`sia'!�= ' ! ! 2��, t�1, 2ti�,i1 t� , ''� � � i .` � � j• � r �, � MoTe �ar• � � ' � ` ' I i � ,, •.•r... � �' � � i ' ' ' . w. u1. . ,y� . �� . � ;!� "' ' ,. � . , . • r - ` i t i � , «.I� '` t � a► � ' � '� t �� N� ��' � � ba6o - � 1 „ , - �; � _ �__.. � �� ' �* �z ..�..� � b s i ' s • „ ,i � , ..�- -i � .. -•- f . i + � .. t �: ' A _.�t �� . .. s 64 �! �'� — . � � . �� ;� �� ; ��i� ;� C� �; � �i% , � !, 1 �. - d - + � �. :� .� � �► � � ,, .� --� ,� . � •_ ; _;: : �' e� °'°`/� . Co,a.� %_� _•�_ / � .+✓ � � - �` �;t $ !�r,. �or.r ir. � 1 �i ► '� s s . AUOk_ (34S�, _i� .��. ._ �. a : � � Le�e�d �Proposed Vacation L'CD 'rrevious Yacation . , " .____.___.1 � � ' i��ts l�i�. 59 �� . �+ �� . 4 4� d` �* i �� .� e 1 3A ;10 �t �r! � � . II I �-- . �L/��' � ��6q51� ` .� � . � � :' ,q r � � .0 .� ! � � , 401 lJ . tl 1� . r t <IS �131 ' •� t` . - •! " i�t � � "1� - ' -.� � k � � _ � �l E��O � � s �2? � J i% � �� ,. 1 .l ORDINANCE N0. AN ORDINANCE t1NDER SECTION 12.07 OF THE CITY CHARTER TO YACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE. The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of street right of way described ds follows: Parcel �il , ______ That part of the southwest �C of Section 23, Township 30, Range 24, Anoka County. �Sinnesota described as follows: Beginning at the northwest corner of Lot 30, Block 4, Namilton's Addition to Mechanicsville; thence on an assumed bearing of N 89° 35' 00" W, along the westerly extension of the north li�e.of said Block. 54.00 feet; thence on a bearing of south, parallel with�the west line of said block, 102.04 feet; thence southerly on a nontangential curve concave to the east for a distance of 55.55 feet to the westerly extension of the south line . of Lot 27, said block, said curve has a radius of 734.29 feet and chord bearing of S 2° 28' 08" E, thence S 89° 44' 00" E, along said extension, to the west line of said 61ock; thence on a bearing of north, along said west line, to the point of beginning. Subject to easements of record, if any. Containing • 8455 square feet. _ Parcel #2 � • That part of the southwest � of Section 23, Township 30, Range 24 and that part of Block 4, Nar�ilton's Addition to Mechanicsville, all being in Anoka County. Minnesota, described as follows: Beginning at the northwest corner of Lot 26, said 61ock 4; thence on an assumed bearing of N 89� 44' 00" W, along the wzster- ly extension of the north line of said Lot 26, a distance of 51.61 feet; thence southeasterly on a nontangential curve concave to the northeast for a distance of 121.09 feet to the westerly extension of the south line of Lot 24. said Block 4, said curve has a radius of 734.29 feet and chord bearing of S 9� 21' 23" E; thence S 890 44' 00" E, atong said extension of Lot 24, a distance of 3.01 feet; thence northeasterly on a nontangential curve concave to the southeast for a distance of 97.01 feet to the easterly right of way line of Sta�e Nighwajr No. 47, radius of said curve is 145.00 feet and chord bearing is N 18 �9' 36" E; thence northerly, along said right of way 1ine, to the point of beginning. Subject to easements of record, if any. Containing 3,407 square feet. Pa rcel #3 That part of Slock 4 and the vacated a11ey in said block, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, described as follows: Commencing at the southv�est corner of Lot 27, said Block 4; thence on an assumed bearing of sauth, along the west line of said biock, 26.89 feet; thence S 28° 38' 30" E. along the easterty right of way line of State iiighway No. 47, a distance of 66.45 feet to the actual point of beginning; thence continuing along said right of Nay line, 220.69 feet to its intersection with the easterly extension of the south line of Lot 20, said block 4; thence westerly, along said extension and south line, 48.84 feet; thence N 28° 32` 50" W, 14.43 feet; thence on a tangen- tial curve to the right for a distance of 132.85 feet, radius of said curve is 716.20 feet; thence on a com�ound curve for a distance of 59.77 feet to�the actual point of beginniag, said curve has a radius of 90.00 feet. Subjzct to easements of record, if any. Containing 7,124 square feet. 4 ' 4A 0 All lying in the South Half of Section 23, T-30, R-24 City of fridley, County of Anoka, Minnesota. Be is and is hereby vacated. SECTION 2. The said Yacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: CITY CLERK MARVIN C. BRUNSELL Public Hearing: Jul,y 16, 1979 Fi rst Rear(i ng • Oc�ob�r 4 L 14�2 Second Reading: Publish.......: n 1982 YOR - wILLIAM J. NEE � , . / z � � - f. . � �' . 0 f Ci ty of Fri dl ey �� r.. . Vacation . � -� IOA #79-02 . . . _ -- _ -- _!__ _ � � %'—'�` /_� v[�'. -_' _ -�-- _ _' �.s�:�:.:r-� 4.s�r.� � sn'r•�a'r • : srs'.s'�'s � �. . �, � � ��ti Z +`P � � y � �, � ��..` '. V �, ' \ � � y �_I � M \ �. � V . �� i�� ' y4 � �` ` •. � � ♦ � � • �� \ i � `� � � i \ ., \ \ \ \ ,• \ 48 � r iJ y . �, �� \ ( � % �=' � • � � � _. k" ,\ 'i `' `` I -• `� � � • � � ;�\ � ( � t �•� '`-: � o ( � . _ ��.�:: � � ? `�- -- �� '` � � 3 � ` •. ��'� �. �M `♦ . ! \� f �: � � -- �\ r•.``\ /'` �-- -- ti . \\` \Y . r , ��+ ; \ � . . ` J\ .\�; �o; �`'`, �``,� �\ \��-;� ( � . \�' �� . ,.,` ' . . � .i� ,�/. , �s.+, j. _` ��.� , � .,t Mf1':�'aeM I I � � .• � �' � �..y 1 1 �� (/.�..r.C•rq�j✓Ji I �� /��t� � . /� / \ S't. � % � r� _� � � — ---- `;. � � , . r �'� I y � '' t � �i `J ' � -- � , � �. � . �i ( �= % �i1 \ I � � ',�� — - — ' � � � I � I `' w) � '/ �_ i! (i j ---_� Y -- 'k �. _._. _ . �— ---- } � , �. � I � • { I �y .i � � � I � • ,A�• �� I j� a a.. � I !n � ri : -.�_ _._ � -- —... ----- • � i , � ` i� , I ' ( ' � . `• � � ' ' • i Jl � � , � � � � � ( - � � � . . . 1 ; � i 1 � ' :•II � • . ' � + . � . � S� ' ` ' �. i''/ " . ��'.! . � •• . . • � fOR CONCURRENCE BY THE CITY COIfNCII - APPO I NT"1EiVT - COi1."I I SS I ON October 25, 1982 ____ ENVIRONMENTAL COMNIISSION APPOINTEE 612 (Tabled October 4� 1982) TERM EXPIRES COMMUNITY DEVELOPMENT COMMISSION 612 .��3 RESIGNING MEMBER John P. Erickson 1601 N. Innsbruck Drive Fridley, HN 55432 (Letter of Resignation 10/12/1982) 4-1-83 Sharon Gustafson 437 Rice Creek Blvd. N.E. Fridley, MN 55432 5 u C1TY OF FRIDLEY PLANNING COFMISSION MEETING, SEPTEMBER 29. 1962 _-EALI TO ORDER: 'Chair►voman Schnabel called the September 29. 1962. Planninq Conmission a�eeting f,� orde'r at 7:37 p.a. ROLL CALI: Members Present: Ms. Schnabei. Mr. Oquist. Ms. 6abel. Mr. Svanda. Mr. Kondrick. Members Absent: Ms, van Dan. Mr. Saba Others Present: Jerrold Boardman, City Planner APPROVAL OF SEPtEM6ER 15� 1982. PLANNIN6 COMMISSION MINUTES: NOTIDN 8Y MR. IiCQNDRICK, SECANDED BY I�Dt. OQUIST, TO �PPROVP TNE SEPTF.MBER IS, 198?, PLAlVNING C�A�fP1ISSION MINUTES. Ms. Gabel made the followi�g change to the �inutes on page 8. first paragraph. second line: Change the words "are �t" to "would be" and delete the word, "now". so the sentence reads. "Ms. 6abe1 stated that the traffic study showed that at peak hours. the traffic conditions ++ould be at "D" tondition. ind she did not find that acceptable." UPCN a VOICE V07'E� JI LL VOTING aYP� CXAIRWOXAN SCXNABEL AECI.JIRED TXE !lIM1TE5 APPROVED AS JIAIENDED. Ms. Schnabel stated the Planning Commission members had received a letter from Nancy HendricksOn. President Of the fridley Chamber of Comnerce,regarding the request by Cub Foods. I� the fi�al paragraph, Ms. Hendrickson is �equesting the City Co�ncil to consider carefully the importance of losing a significant business snd the impact it would have on Fridley and to consider voting in favor of the reZOning so that Cub Foods can remain in fridley. NOT?ON DY M5. GABEL, SECONDED 8Y Mt. SVJIIVDA� TD RECEIVE TiIIS LETTER. . � Ms. Gabel stated there are names on the side of the letter of the Chamber of Cortmer.ce Board of Directors. Marcia Schaaf is one of the Board members listed. -Ms. Gabet stated she has talked to Ms. Schaaf. and Ms. Schaaf is �ot in agree- �nent with that letter. Ms.Schaaf felt the tetter was not written with the agreement of the Board of Directors whose names are listed. and that the letter Mas not representative of the entire Chamber of Cqrmerce. Ms. Gabe1 stated Ms. Schaaf does plan to r�rrite a letter responding to that. UPO1V 11 VOICE VOTE, ALL VOTING AYL�'� Cl�[AIRf+�ONAN SCfI1VA8EL DECIJIRED 9'NE MOTZON GRRIED UXANIMOUSLl'. • � .. PLANNING COMaI1S5I0N MEETING SEPTEMBER 29 1982 PAGE 2 1. RECEIVE SEPTEMBER 21, 1962. APPEALS C�MISSION MINUTES: �TIGN SY M5. G11BEL, Sb�CONASD i JQi. 1CONl�ICX, !�0 RECEIY3 !!E BSPTFMBER 21, 1982, �PPEIUS C�GWMISSIQN MINUTES. � 'Ms. Schnabel stated she Mranted to conmend Ms. 6abe1 for the time and effort she 'Add put'into the first iten (varia�ce request to reduce 1ot size. front yard setback. side yard setbacks. and rear yard setdack to illa+ the construction of a 4-plex at 6471 Riverview Terrace N.E.). Ms. Gabel stated she has discussed this with Mr. Boardman. She stated she felt very bad about this, because she was recently i�formed by the neighbors that the building permit was issued prior to City Council approval. She stated this really surprised her, and she would like to find out how this happened. All the members of the Appeals Cortmission Morked ve�y hard to establish a lot of credability in that neighborhood. and when the building permit was issued prior to City Cauntil approva], it destroyed what credabi�ity the City of Fridley had for those peopte. Ms. Schnabel stated she also appreciated Ms. 6abe1's vote against the construction of a billboard at 73rd i University (page 7-9 of the �ninutes-•variance request was approved by the Appeals Comnission by , vote of 3-i). , Mr. Oquist and Mr. Kondrick stated they would like to go on record opposing a billboard in the City of fridley. Mr. Oquist stated he could �ot believe the Appeals Commission would vote in favor of a bfllboard. UPON a YOICE VOTE, aLL VOTING AYE� CBAZRidOM1W SCNNIIBEL DECUIRED TNE 11PPERLS CCWMISSION MINUTES RECEIVED. MOTION BY PQi. OpUIST� SSCQNDED BY J�t. �ICANDRICK� !'l111T THE PI.i1NNING COMMI.SSION OPPOSES TbE G�ONSTRi1CTION Of � HILL80ARD �T 73rd i UNIYBRSITY AS RBQUESTED BY FARVIE7� SIGN CQ�lP1WY. UP�V � YOICE VOTE� ALL VOTING �YE� C1iJ1IRA'OPf1W SCXNABEL DECLIRED TXE XOTION C1lRRIED UNANIMOUSLY. _ 2. OTHER BUSINESS: � Mr. Boardman stated that since there were no agenda it�ns for the Oct. 6 meeting. -tt had Deen cancelled. 7he next Planning Commission meeting wi11 be Oct. 27. ADJOURNMIF�IT: MOTION BY 1�IR. OQUIST� SECQNAED PY 11GQ. 1CANDRICK� �1p �A7011RN TAE MEETING. UPON A VOICE VOTE� a1LL VOTING �YE� CXJ1IRi✓AKAK SCXHABEZ DECLJlRED TtIE BBPTEXBER ?9� 2982� PLANNING COJ�tMISSIQiV J�IEETING J1A7011Ra1ED AT It27 p.N. Re ectfully su itted. � Lyn aba. Recording Secretary 0 �� TaE c�Tr oF IDATE BJECT �IRECTORATE OF PUBLlC WORKS Octo�ber 18, 1982 Darrel CZark 6471 Riverview Terrace N.E. (4-plex) • : MEMOF�AN�UM I TO ACTION INFO. John Flora, Director of Public _ I have heard that there has been a possible misunderstanding abou t the date that the City issued a building peraeit to Chris Zelevarov for the construction of a 4-plex at 6471 Riverview Terrace N.E. Please reca2l that there were sane varisnces that had to be granted prior to this pemu.t authorization. The Board of l�ppeals acted in favor of the petitioner at their meeting of September 21, 1982 and the City Council also approved the action of the Board on September 27, 1982. T'he petitioner may have cleared the trees and duq the hole before Council action, hawever I can assure you that no building permit was issued prior to September 28, 1982 and in fact, records indicate that a footi� inspection was made and authorization was given to pour the footing on September 26, 1982 after the Council acted. DGC/mh 6C � Appeals Comoisston Meettna - September 21, 1982 Paae 7 6. BTATED NARDSFIIP: ` "To propsrlr adv�rtis• to HiphMSy �65 Oscsus• ot dist�nc�lto hi�h��y." � C:�\MINISTRATIVE STAFF REVIEti: A �equeat tor a 210 squers t�ot I10' �c 21'i tfie Eoard of Appeet� on 7/25✓78 (see •ttech prlon �ipn is 144 squer� �est t8' �c 18' I�h 21. 1978 to� a siss ve�iencs •nd ha� the e Gnte�". �. prl si�n wes denied by s inutssi. 7hs axistinp fch •ss approvsd on Aupust ssaDs of "Lsmpsrt 8uildinp Tha retl sipne8e Mss approved br staf. o� 5✓14,/82 ises ettachsd sipn penitl. ,, Lampert propoaes to �netslt sn s itionst 82 6qusre toot t4' x 8') L18hted penel tc Lhe existinp p lon Mhich Mould be a �aenusl chsngesbl• aessege cente�. 1'he toLal �qus�e tootege wi�i thiz additional sipnepe nould bs 176 squsre feet� s vsrisnce in-siDn �izs of 96 squer� fsst over ths alloMed 80 squa�e teet fgl� thts dt6trtct. If approvsd� ths Commis�ion a�ey Msnt to consider ths fo[towinp stiputstions: 1. ScreeninD of eest,perkinp a�ea t�oa publtc �i�ht af way. P. Sc�een outcide e;oraga trom public visw •lonp ssst, Me�t �nd no�th. � �� 8. Repai� �nd osintein exi�tinp fs�c�. 4. Provtde p�otection ot tenc• from ve icle� �nd storspe. 6. Outsids ito�a�e is 2- 3 feet sbovs��nce lin�. 6. Outstde open ai� salss srss oey need •� ecisl Use Pe nit �nd ts Deinp � cstsd Sn psrkinp lot. There was no one present for this agenda item. Mr. i1 1 reporte d t hat t hey fiave added additi9nal signage; they have added additional 11 signage and they have a banner up,; He stated they are requesting a variance or signs they have already installed,/ MOT10N,t�y Mr. Plemel, seconded by Mr. Betzold, to table this\,item until the petitjbner appears. UPON A VOICE VOTE, Atl VOTING AYE, CHAIRP�RSON GABEL DECLARED THE 1�TION CARRIED UNANIMOUSLY. At�this time, Chairperson Gabel went to �Igenda Item �5. 5. VARIANCE R ve rs ST PURSUANT TO CHAPTER 214 OF THE fRIDLEY � ROM AN INTERSfCTION FROM 500 FEET TO 480 F M iHE SERVICE QRIVE RIGHT-OF-WAY, TO ALLOW �RACi A'REGI5TERED LAND SURVEY N0. 78, T� NUE N.E. Request by Jack Nugent, FarView Ave� nue S.E., Minneapolis, MN 55414 T gn canpany, MOTI4N 6y Mr. 6etzold, seconded by Mr. Barna, t4 open the public hearing. UPON A VOICE VOTE, All YOTING AYE, CHAIRPERSON DECLARED THE PUBLIC HEARING OPEN AT 8:47 P.M. Chairperson 6abe1 read the Staff Report: �. i A�peais Coromission Meeting - Septeinber 21, 1982 Pa9e 8 ADMIUISTRATIVE BTAFF REPORT 7233 t�+iv��aity Av��u� N.E. A. PUBLIC PURPOSE SERVED 8Y REO1)IREMENT: Ssction 214.047� E4� �equirss •■ini�um 80 foot setbsck t�o� �ny •t�set �ipht ot wey, � Section 214.047, E5, �squi�ss •■inieuio 500 foot cetbsck t�om ths inte�section ot sny strset o� hiphraY Nhich intersects Nith Truck Ni�hwey /47, such di6tsnce bsin� aeesu�sd from the intercection ot �treet o� hiDhMay cent�r lin�. Publlc purpose �arvsd by thsas �equi�ament� is to control visuat pollution and excessive uss of billbosrde slonD ths City'� hi�h�sys •nd to provide sdequate "Ltn• ot sipht" clesrences •t lnter6ectio�s. 8. STATEO HARDSNtPt "Oue to eesement prented by Minnesots T�ansfer Rsilrosd to ths City of Fridley. sn unususl tot contour �esultad 1ia+iLinD u6e by owns� tor •nr or 6aversl purposs�. The cu�vature of ths sccess �osd to 73rd Avenue requi�es seekinp • v�rt�ncs ot setback from ssid �oad. Ths setback needad tor UnivsrsitY Avenus can be sccompliahed� or, iT • verience i� prsnted to •st the �ipn 480 feet f�am the intersection, side setbecks on Doth roadi csn bs comptisd ■ith." C. ADMINISTRATIVE STAFF RE11IEti: 7he proposed biltboe�d sipn is to be plsced on Lhe southern po�tion of the "teer shaped" piecs ot vscent prope�ty on the southeest co�nsr of 73rd Avenue snd University Avenus. Ptecement ot thie billboerd •ill dete noine Mhich of ths sbove va�iencee should be �evieNed by the Commi6sion. The City Councit had a tir�t reedin� ot en ordinence to rezons this p�operty trom M-2 to C-2. Nhich occu�ed on 10/26/81. sfter s public �eerin8 on 10/19/89 Isee attached ordinsncs). If this property is �e:o�sd to C-2, thi� billbcard would than bscooe e[egal non-comtormin,p ci�n� since billboard �f�ns ere only sltowed in C-2S, M-1 and M-2 districts. Mr. Jack Nugent, FarYiew Sign Company, and Mr. Jack Laurence, SignCrafters, were present for this item. Mr. Hill stated that Mark Haggerty brought the zoning request to City Council and that Mr. Haggerty is getti�g together a proposal to purchase the property Nithin the next several days and at that time they would proceed aith the rezoning of Lhis property. Ne has been in contact with the Soo Line and they are in agreement that if the Appeals Commission approves the biliboard sig�, they would put in a continqency c�ause that the billboard would be removed within a certain amount of time if the p�operty is goinq to 6e developed. Ms. Gabei stated that Mr. Haggerty is confident that he can qet the financing and will go ahead with his plans to develop this property. GE Appeals Commission Meetina - September 21, 1982 Pa9e 9 !!s. 6abe1 also �oentioned that there are some significant development plans for this area. Mr. Hill said they could situate the sign so they could meet the 500 yard setback off the intersection but they would not meet the setbnck off the service drive or they could move the sign up and that either May there would be a variance. Mr. Plemel asked Mhat the sign would be advertising. �Mr. Nugent said it rrould 6e a sign for KSTP. Ms. 6abe1 mentioned the traffic study done in that area and they Mould 6e given "D" traffic conditions if there was a retail business there. She asked how they determined this should be the place to put the billboard. Mr. Nugent said it was a highly travelled area, it was vacant, it was accessible and they had first option on the land with the Soo Line people since the bank plan fell through last year. He said they would be interested in purchasing that piece of property (where the sign would be placed) or applying for a conditional use permit. Mr. Hill stated that Mr. Hagger�i expects to have a purchase agreement for this property witf�in the next 7 days. Ms. Gabel stated she could not imagine why they would want to put up an expensive sign that they might have to take down in a very short time. Mr. Nugent stated it is possible that Mr. Haggerty may �ot get financing. Mr. Hill also stated that the City would not be in favor of splitting that iot. Ms. Gabel asked if they had pictures of the sign. Mr. Nugent showed them pictures of the sign. He said it is very attractive, 10 feet by 30 feet, and the latest state-of-the-art in signage. He said it is lighted inside, polyvinyl chlorlde, a heavy coated plastic, flexible material, 9-color silkscreened and reusable. Mr. Laurence showed them samples of signs they are going to put up at the Met Center and stated they have two in the dome area downtown. Ms. Gabel said she is concerned with visual pollution and the traffic at that corner and that people in the community have expressed a desire not to have any more billboards. Mr. Nugent stated that this particular area is remarkably devoid of any signage and thought the visual pollution would be minimal with this particular sign. Mr. Betzold stated that it is a difficult curve to maneuver in this area and you really have to pay attention. Ms. Gabel stated that she is generally opposed to the billboard concept and that she was not sure that the hardship was defined properly Mr. Plemel agreed that the question of hardship was not answered. Mr. Nugent said this is an irregular piece of property and it makes them ask for a variance. Mr. Barna asked if the basic message Mill be the same on the sign and Mr. Hill asked about maintenance if the sign is damage. Mr. Nugent said the message will be for KSTP and that their staff is always checking on their signs and if there is damage they will be out imnediately. MOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSf D'AT 5:23 P.M. MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission recommend to the City Council, through the Planning Comnission, approval of the request to reduce the distance from 30 feet to 10 feet from the service drive right-of-way, to allow the construction of a billboard on Tract A, Registered Land Survey No. 78, the same being 7233 University Avenue N.E., Fridiey, Minnesota, 55432. UPON A YOICE VOTE, THREE YOTING AYE AND CHAIRPERSON GABEL YOTING NAY, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED. (Mr. Hill said he would check again to see if there is a special use permit required. Ms. Ga6e1 said sf�e did not �nt to add anymore 6illboards in Fridley and felt that the hardship was more self-imposed than real. Mr. Plemel felt that the sign would proba6ly come down in 3-4 years 6ecause of devetopments occurring in that area. GF Appeals Corooisston Meeting — September 21, 1982 Page 10 Mr. Bet=o1d felt tf►is campany stautd have a cf�ance to Qut up a sign but he was sorry to see this ptece of greenery go and he did agree with Ms. 6abe1 about the �um6er of signs in Fridley. � 4. VARI ER 205 Of THE fRI I versity Avenue N.E., Fr�a�ey, ues roer, MOTION by Mr. Barna, seconded by Mr. Betzo , to open the public hearing. UPON A VOICE YOTE, ALL YOTING AYE, CHAIRPERSON EL DECLARED THE PUBLIC HEARING OPEN AT 9:40 P.M. Ms. Gabel reported that the Comniss�dn received a memo from Mr. Robert Scfiroer requesting to table this item. � MOTION by Mr. 8arna, seconded b Mr. Plemel, to receive the memo from Mr. Robert Schroer regarding tabling of is variance request. UPON A YQICE YOTE, ALL VOTING AYE, CNAIRPERSON GABEL DECLI�R D THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Plemel, seytinded by Mr. Barna, to table this variance request. UPON A YOICE VOTE, ALL YOTING,AYE, CHAIRPERSON GABEL DECLARED THE MOTION C14RRIED UNANIMOUSLY. MOTION by Mr. 6arna YOICE YOTE, ALL YQX AT 9:42 P.M. / ADJOURNt7ENT: �seconded by Mr. Plemel, to close the public hearing. UPON A NG AYE, CHAIRPERSON GABEL DECLARED THE PU64IC HEARING CLOSED MOTION by �1r. P1eme1, seconded by Mr. Barna, to adjourn. UPON A VOICE VOTE, ALL YOTING A�l�, CHAIRPERSON GABEL DECLAREO TNE APPEALS COMMISSION MEETING OF SEPTEMBER 21, 1982, ApJOURNED AT 9:43 P.M. 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C ; � ' `+ �1``�� • � � , r � � y � i .bAe� � ;j'i',�' v�"+ � � � p C t �� iose h W � � � N � ��! �; o . $ o= 2 2 W � i ► � Lt.:h �Ze �-�. �i � ; _ . IC : 4� i �w I \ i• i�. � 'v7 �Y •4 � �, . ;.; •,.�. :.._._:<: - r�'� �, •. : t; �� - - i�'� � =i � �O , � N .m ' ± f _� � • . �-. . :� �,�'' � r, O" a • n � C � w ; f � e O Z �:. � Setbsck: 30' Off R.0.�1. �47¢�� : � S00' From Intersections 9'` � � t � ~� �fDOC NO. 90�9�) h 1O N. S. P, EaSEMENT -.. _ �____ . ._ . ____�_____ . , _ �,__ . ,-- --- - - -`. ... -��OS6_ll �S.ltwF NE�/��Swl/��SEC.�I N89°IS�S6�W ••• 1/60.97• • � � S. LINE Of TNE N.SOiT.,SEf/4,Sw�/�,SEC.II .__ � � ' N N O � � �� t�, ; 2 n � o� O e� r� o � oW z � _ � O W 2 J 3 , � �� s � • 3 . � t c U � �. � `/l � _; � h: i I � • .. ! � .�� : '- - .•►50.03 ••..� SDOI• ' + --- — _, f ; . . ' : Exhibit "A" Fridley, Minn. � Anoka County � Scale 1'�200' lI Cit, o! 1h�3dLy CHART�R OOIrMLSSmN l�TIl�1G - MAT 20. 1982 PAC� 1 CALI. 10 ORIER � . C�a�irsan Asb call�d tbs r�gular Chsrt�r Coa�issiron as�ting o! 2!y 20� 1962. to ordir at ?i30 p.a. I�OI.L C�►I.Li t�I�RS PR�SBIQT� Clitford /lsb. Jsan Scbsll. 1�alt Star++alt� Bob Pi,srce � P:tsr Avusats2s� lh�ancis van Dan, Davld Pinks� Pat lCindom, $�uce Nslson� Ralph Stouffsr. 9usan Jackson I�NE�RS ABS�NTt O�RS PR�S�NT� Robert Aetsreon. Lrry Comooers� ?rens Masrtsns. Aobsrt Schmidt. William Hunt. City of lhridLy Gsorge L�hmsr APPROVAL OF MD�U�S OF APRII. ��. 1982� }pTION by ?�. ZY euenfela, aecondsd �r I4. Starwalt. to approvs Commissiori �einutes of A,pril 15. 1962. aa �+rittsn. OPON A WI(� AYE� CHAIRMAN AS8 DECLARIsD � I�DT�JN CARR�D IINAND�OUSLT. �ITRODUCTIDN OF N�1 C01�49ISSION I+BI�it� ths Cbartsr Y01S � ALL VOTDBG Chairm�n Asb int,roducsd ths aex Coime�iasion eoeabsr v}� is to fill ti�s unsxpired tern of Mr. Dsvi,d Schaaf � l�. Ralph Stoutf�r. PREAMBIE 1�0 THE CITIi CHART�R� �. 8unt distributed copies of t2�s Frsamblsa to Lhs Constitutions of ths IInitsd St�tea and tbs Stats ot Miru�eaota to givs tbs Co�niseiron members ar� �dea of hox the preamble �ras uaed in sacb instance. l�Is. lCindon astoad Sf the response lron ti�e Com,nission'a •ttorney rsLtivr to I�{r. Aeb's lstter of April 23� 1q82� had been receiv�d and �5r. Aah indicatsd tbat it had not been receivsd. �r. van Drn aaid he fslt the �aa jor diffarencs ia ttxt tbs Frea�b]�� to t�i�s IInitad Statea is baaica7�y a public reLti�ona statem�nt ard tbs Preaabl� to the City Cturt�r a deoLtory atatement of �rh,at f�s Cit,� atunds lor. Cbi►ir�ean Aah aslosd i!' a�y of t,he Co�isaion mambars pref�rred varsi�n on� or t� aa atated in tbs April lsth t�inutes. Ns. J+►ckson stated tbat shs prefarred wr�ion one becauss it givea tiys rationils or justitication and tesls t2�ere shoe:].d bs a preamhls. Hr. P�isrce aalasd if they �rere Deing preaua�tions in tbsir thoughts ot adding a prea�nbL to tbs Cbartsr_•xhen Ds lslt there �ould b� littls or ao bsr►�fit from it. He islt tbey ti+ould �uat be addLlg son�sthing that s+as vonnecessary. Ms. Jackaon aaid sbs �rould liloa aommunication that th� Cit�y ot FrLdley abLdea bpr tbs Federal and Ststs Lxa not because of neceasity buL becauss tbsy think they �re rlght and wnt to. S2�s agreed tbat t2�ey do not nesd aors Lvs � but tbis is a pbilosopbical atatemsnt of xhers ti�e City atanda. Hr. Treuentels aald the preaabis ia not a Isga2 statemsnt 7A CB11R"�R COl4lI3SIDN I�ET�G - MLZ 20. 1962 PAGE 2 bnt a�oral psrsuasion. aorthia� t6at o� do�s aot ha� to do but tba� �st p+opls �n]d p�bahl,� b� ri113ng to do. Mr. P3src� aald tbat if it is true t�t th� pr�aa� �ro�uld nct b� Lgal�j birdir�g, tbat tiaa �wn �or� ot a r�ason not t� pnt it ln, Bs said � oov�3d agi�s� vith a preasb7�s tashl+oasd atbr tfM Stats ot 1[inr�saota on�, nitb ainor o�an�s. bnt addsd that b� l�it it sLonld �ppear Sr� tbs bo�j► ot tbs Charter�er� aoas lorc� cauld b� pat npoa it. Isr. 3t,snwalt iridicatsd tbat ?� bad a probles �rith ths Lat line of •ittisr vrrai,�n. "r+hich a�►y bav� bsn � L�edLesr�t to tbs �n1oyssnt o! tbs !'n2lness o! citizensbip" and aa[oed xhat had bippensd in tiis p�st t2�at indi�cat�d tbat chaagsa �wrs nsceasary. 8s nasd tb� uoaag�lrs ot aelsction of persoru�sl and lseL that tbe �crutir�r of psrsonnsl tbat aoa talosa pLo� !a nsosasary. Mr. van Dan said t2xt tbe statement "whlch may bavs bssn an i�adi.�nt to t2� �n�o�esnt o! ths lullr�ss of oitissnsbip" doss not atYsct tbs scrutl�y o! peraonn�l 3n that a p�rson birig oonaidsrsd tor a position and disqualitisd by tbs Civil Ssrvics Coaaniaai,�n still aay enjoy t,hs 11�ll,ness oi citiLenship vitbout enjoying fibs benefits of e�aployman� ty tbe City. Mr. Starvalt aakBd for exayples of �So].ations vbich may bavs talaan pLcs in ths City xhich aould deprivs aoa,eone ot anjoying tbs l�2lsesa of citir,enahip. kr. Z�reuenfela responded xitb t2�e l.ack o! attendance at aqy lluzction due to a p2�siaal h�►ndicap and tbe Lck ot slevators or rampa !or acaeaaibility. Kr. Pisres aaid that in terss o! diacrSmination and buiZdirig accsasibilit�y� 2rs didn•t bslLve tbat tbe languags they taera diacussing �uld iliminats �cti�ons dons in�dv�artsnt�,y (i.s. Lck o! •acessibility to some bull,di,ngs dw to ov�eraight) . Cb4lrman Aab aaksd !�. ran D�n it bs had a prefarence !or wrai,on one or t�a. Mr. trs�n Dan sa►id vsrsion Lwo and Ma, Jaokaon indieated ahe iiad tw problem �►itb that. Hs, ]Ci�dom felt tbat �+i�ils ths idea ot a preamble eaa good� liating of specifics �igbt be a problsm in that aoas aight bs l,eft out. Nr. Nelson queationed uaing the Onited Statsa Const3tution a• a maisl in tl�at �s are r�ot •stabllahing a a�re perfact uni�on� �r�e are �n�orcing rathsr tban eatablishing juatics� �s will bs inaurix�g domeetic tranquility� vs xill not bs providing !or t�e conmsaon defsnae, �re �ri11 bs promcting general s+�elfars and ascuring the Dlesainga of liberty= ao he queationed vhether the Conm�iasion ahou3d bs eeLbl.ishing sonr�thirig as bsavy as tiiis dooument, Hr. Fierce 2'elt the preamhle ahould describs �+h�at the documant trishes to accon�liah, xbiab ti�eae statemsnts do not. !!r. v�an Dan tslt it would aLrt gsneral ar�d become mcre and more apecific xitb time. Modificationa and additioris oould bs m�de to ths preamble aa time passea. Mr. Treue�ni'els felt it �rould a�taa peopls think �rithout incurrir�g obSigation. Chairman Aah auggestad that this item bs t�bled nntil ths lsgal opir�ion xaa received. In the meantime� Chairman Aab �rill draft : letter to the City Council sskfng for tbsir opiniona in siti�er xritten or vsrbal lorm prior to the September Con�ission meeting, if they hsd a�y feelings one wy or tha otbsr. Mr. 1�euenfels askad for deletion ot the �ard 'tbeir' ir� li�ne two of v+eraion cns. Mr. van Dan xiahed to thank Ms. Schali for ber aecond on tbe original moti,on. Diacussion on the preaa�ble �+ill continue at the September meeting at xhicb time int'orme�tion from tbe City Council and Iegal Qounsel xill be avai],ah1s. DISCUSSION OF S�CTION 6.01 AND 6.02� ��TDDN by Hr. �euenfela� aeccrdsd by Mr. Stoutfer� to discusa Sections 6.01 and 6.02 at the September no�aeting vben Nr. Peterson rrould be in attend.ance. UPON A VOIC�S Y01Ts� ALL YOT3NG AYE. CHAIRt�lAN ASH DF.�'CIARID �iE MpTZON CARRIID UNAND+iOUSLY. r� CHAR1gt OOI�4�i1SSIDN I�ETIl�iG - MAZ 20. 1982 PAGE 3 RDCEI1i�s C4P7 OF �RIDIEY 80l� 1'�TL� CHAR1hR 00?IIrIISSIDp HY-UWS /13 AI��[�IDID APRII, 25. 1982� Cba ir�ean Jlah noted r�osipt of tbe a�esnded �+-Law notirig tbe on�y obange wa s in 9�ation II�. ' �t l�RSH� LS•3T� Ci�air�ean 1ah notsd t�+c abanges to tbs nev list o! membera �rhich v311 bs corrsctsd. Cbairman Aah indicatsd tbat a GrtiYicats o! ApprecLtion ar�d lstter of ti�anka wi12 bs drattsd and esnt to David Scbaat. Hs sddsd that nsitbsr !!a. Sebsll �o �ri]1 be ucving� nor bimself �+�ould b� availabls for r+appointloent in January. Lsttera to varicus organiutions b+tv�s besn ssnt fcr so2i,citation of nev Conmission mesbsrs. I�EETDdG 3Ci�SUiJLi3 FOR FALL. 1962 � 1he meating acbedule ticas rscaived and r�visWSd. ibs next Coe�oiasion mseting xill bs hsld on SsptAmber 16, 1962. 01i�t �JS 7NESS t Hs. Jackson astaed about t.he procedure for the itema Lhat have been paaaed by the Charter Coaaeission �►nd Chair�.n Aab �ndicated he Would bs forwarding t�m to the City Council and thsir rsaponses should bs availabl.� by tlie Septembsr 16. 1982, a,esti,ng. Hs tl�thsr stated t2�at Lhe preambls •and 6.01 at�d 6.02 vould not be a part of tt►s paclag� a�nt to the Council. Ms. Jackson aaked wlLat �rovld happsn if t2is Council hRd a question, comment or suBgsat,i�on on a particuLr Ytem ar►d Chairaan Aah aaid tiie Cour�cil •it,her had to sccept or rs ject ahat bad been presented to them rithout oh+►ngirig a xord. /�'�y suggestsd ahanges muat come beck to the Coa�mission before it can be cb�nged. If the Council wonld reject a particular item and the Co�oavnission wanted it paased. the Commiasiron could call i spscial slsct.i,on. �tDJOURN?�JTt !�lDTION t� 14. �suenf�ls, sscondsd bZy Mr. Stouffer, to sd journ. UPON A VOICE WTE� ALL VnTING AYS� CHAIRMAH ASH DDCLARI� 1�iE R$('�TLIR CHARTER C0149ISSIDN I+�ET]NG OF I+A7 Z0� 1962. ADJOURNID AT 8�40 P.M. Aeapectltit].�y Nbmitted� Pat Yon l�baob Recording Secretary : . � E � '� .,� � / 545 Indian Mound � _. Wayzata, Minnesota 5539t (612)473-4224 • October ly, 19�2 Mr. John Flora Director of Public Works City of Fridley 6341 University Avenue NE Fridley, Minnesota 55432 Re: Moore Lake Restoration Project Biological Soil Filtration Unit Dear John: We have reviewed the bids received on October 12, 1982, for the Biological Soil Filtration Unit and have prepared a bid tabulation for your inf ormation (copy enclosed). The bid tabulation enclosed reflects changes that were found in Contractor's Proposal Forms. In this respect, unit prices were used in checking the Contractor's bid price. Our review of the bids is completed and we are recommending that the bid received from Park Construction in the amount of $134,7t�1.37 be accepted and a contract awarded. Upon approval by the City Council, we will prepare the necessary Contract documents so that this project can proceed. In addition to our recommendation on contract award, we have reviewed all costs associated with the Moore Lake Restoration Project to determine where we stand from a cost standpoint. For clarif ication purposes, we have prepared a cost summary table which ref lects budgeted costs, expenditures and estimated expenditures at the completion of this portion of the restoration project. We believe that this cost summary analysis indicates that the remaining portions of this restoration pro ject can be completed near budget. The costs for E. A. Hickok and the miscellaneous costs are estimated, however, these costs are reasonable and reflect the costs associated with completion of this project. Even if there was an overrun (costs above �449,400), and it appears that they would be minimal, these overrun costs could be . _ .. : � g p , Mr. John Flora Page Two October 19, 19tt2 used from the contract amendment which will be finalized shortly and will add an additiona] �556,�300 to the present grant. ' IP you have any questions and/or comments please feel free to contact me at your convenience. Sincerely, EUGEN A. HICKO AND ASSOCIATES t �� George W. �oyer, P.E. Vice President bt Enclosure Construction Land Cost E.A. Hickok Expenses Miscellaneous TOTAL � Includes: Legal and Administration Operation and Maintenance Administration (MPCA) Inspection Environmental Assessment and Public Hearing COST SUMMARY Budgeted �237,600 27,500 119,150 65,150� $44q,400 . : . Estimated Expenditures Expenditures (As of 10/1/82) (ProJect Completion) $24�,13�.57 �24�,13�.57 71,800.00 71,700.00 67,666.94 104,461.43 7,685.U0 25,000.00 $395,290•51 $44y,400.00 Budget Actual (7/1/t�2) (Proj. Completion) �15,730 �1,370 4,400 20,000 17,3�0 7,640 $65,150 : -0- -0- 6,315 -0- $7,6�5 $6,U00 4,000 -0- 15,000 -o- $25,000 . � � v� :,i u «� � . }� . C7 � � � � a � o ro 0 r-� � �j H �-1 C f-I I w � N � Q� N '� O�r N C� � , yr ri U N � N C I' ti z,� F•-, �a fi . '� �i aE�-��GN.7 w ►�h�8 Q H Z �A zr�r�z o H�w� � Q Z O w O � � O >+ ( -� OH>+W tn Q H Ca O N � H U � H � a tf. a � ;� ►-+ a a� w � a cra ..' H H 5 �° � �. � � w ��6 a � c,� a H ftl � ��U I � r�a . A Aa da � dP tf1 � � dP � dp tn � � � � � � a�i � �, � � � � a�i � � � � � tll � � � er U'1 � � � N � O� 01 N � � � M r� � � M � ri � O �D � � ac r�-I N 0 r �-i 0 M rl � N � ,� 0 � � � � � � . r-1 00 � d' � � � a~cz �z.-� �zc� w x �a ww w� c� a Hr�� w°ao :U°ao °� w co�na aaz aaz aow aG 8 C � � a 0 0 � � � N �O O� .-� N �"� � W � � U O t O� H� H 4 �.] 5 � a H c� Z N � W ..a A H � GC W L] Q H aa � � � ��N V �i� dP � >+ E ►-i H cL' Z � U O H W f W c!� 4 � Q � W � >n []tZs]� . Lt] A O aaz � � ','� L] E W � > A ►-� z c� C� La • s]QO ac a z O O O� O �D f�+1 N � m U Ea-1 OC aq a N a4 a 4 � W a 8D 0 0 �� T++� ATE ROM DIRECTORATE OF puB��c woAKs October 19, 1982 w John Flora Repair of Filter Plant Roofs (Commons - Locke Park) City Council TO � MEMOiaANDUM � ACTION INFO• X On October 19, 1982 we opened bids for repair of the flashings on the Common Park Filter Plant Building, and removal, reinsulation and reroofing at the Locke Park Filter Plant. Three (3) bids were received. Keehn Bros. of New tiope was the low bidder at $30,600.00. They are a reputable company, experienced in roof repair and using the fabric material designated. � Recommend the City Council receive the bids and award the contract to Keehn Bros. JGF/de � CITY OF FRIDLEY BIDS ON ROOF CONSTRUCTION FILTRATION PLANTS at 6431 UNIVERSITY AYENUE N.E. � PLANHOLDER Keehn Brothers 2512 Hillsboro North New Hope, MN Tremco 6400 Flying Cloud Eden Prarie, MN Central Roofing 3315 2nd Street North Minneapolis, MN D.C. Taylor Company 200 West 88th Street Bloomington, MN Peterson Maintenance Corp. 2329 5th Street White Bear Lake, MN Bid Opening: October 19, 1982 11:00 A.M. BIO DEPOSIT United States Fidelity Guarantee 5� No Bid No Bid Employees Mutual 5% Cashiers Check 52200.00 ABHE 6 Suoboda Inc. PO 251 No Bid Prior Lake. MN 55372 �11 • e ;•�• �• �.1 • • II �30,600.00 �39,295.00 �42,450.00 CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA Resolution No. A RESOLUTION OF TAE CITY OF FRIDLEY, ANORA COUNTY, MINNESOTA, AUTHORIZING THE ISSUANCE OF $1,500,000 AGGREGATE PRINCIPAL AMOUNT CITY OF FRIDLEY, MINNE- SOTA, COMMERCIAL DEVELOPMENT REVENUE BONDS (FRIDLEY PLAZA PARTNERSHIP PROJECT), DATED AS OF OCTOBER 1, 1982, WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED PURSUANT TO TAE LOAN AGREEMENT OR OTHER DISPOSITION OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORI2ING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST; AUTHQRI2ING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING THE AUTHENTICATION AND DELIVERY THEREOF; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, BY AND HETWEEN THE CITY OF FRIDLEY, MINNESOTA, AND FRIDLEY PLAZA OFFICE BUILDING PART- NERSHIP, A GENERAL PARTNERSHIP DULY Ft3RMED AND EXISTING UNDER THE LAWS OF THE STATE, AS BORROWER; AUTHORI2iNG THE CONFIRMATION AND ACCEPTANCE OF THE BOND PURCHASE AGREEMENT; AUTHORIZING AND APPROVING THE FORM OF THE PRELIMINARY OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITIES, RIGiiTS AND REMEDIES OF THE HOLDERS OF SAID BONDS. � WHEREAS, the Municipal Industrisl Development Act, as amended and supplemented, constituting Minnesota Statutes, Chapter 474 (the "Act"), finds, declares and provides that the welfare of the State of Minnesota (the "State") requires active promotion, attraction, encou�agement and development of economically sound industry and commerce through govern- mental action to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action 10 by local government units to prevent the economic deteriora- tion of such areas to the point wbere tbe process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation with the attendant necessity of relocating displaced persons and of duplicating public services in other areas; and WHEREAS, the Act further finds and declares that such governmental action is required by technological change that has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources in each community, a large part of the existing investment of the community and of the State as a whole in educational and public service facilities will be lost, and the movement of talented, edu- cated personnel of mature age to areas where their services may be effectively used and compensated and the. lessening attraction of persons and businesses from other areas for the purposes of industry, commerce and tourism will deprive the community and the State of the economic and human re- sources needed as a base for proviaing governmental services and facilities for the remaining population; and WHEREAS, the Act further finds and declares that such governmental action is required by the increase in the amount and cost of governmental services and the need for more intensive development and use of land to provide an adequate tax base to finance these costs; and WHEREAS, the City of Fridley, Anoka County, Minnesota (the "Issuer"), is authoriz�d by the Act to enter into a revenue agreement with any person, firm or public or private corporation or federal or state governmental subdivision or agency in such manner that payments required thereby to be made by the contracting .party shall be fixed and revised from time to time as necessary so as to produce income and revenues sufficient to provide for the prompt payment of the principal of, premium, if any, and interest on all bonds issued under the Act when due, and the revenue agreement shall also provide that the �ontracting party shall be re- quired to pay all expenses of the operation and maintenance of a project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof and all taxes and special assessments levied upon or vith respect to the project and payable during.the term of the revenue agreement; and wHEREAS, the Act further authorizes the Issuer to issue revenue bonds, in anticipation of the collection of revenues - 2 - 10 A 10� of a project, to finance, in whole or in part, the cost of acquisition, construction, installation, completion, recon- struction, improvement, betterment or extension of any such project; and WHEREAS, Fridley Plaza Office Building Partnership, a general partnership duly formed and existing under the laws of the State (the 'Borrower"), proposes to co�struct on certain land located within the corporate limits of the Issuer, the title to which land is held by the Borrower pursuant to that certain Mortgage Deed respecting said land, by and between the Borrower and the 8ousing and Redevelop- ment Authority in and for the City of Fridley, Minnesota (the "HRA"), an office building and to acquite and install therein certain equipment (the "Project"), all to be owned by the Borrower and leased to Smith, Juster, Feikema,_ Malmon, Haskvitz, Chartered, a Minnesota corporation (the "Tenant"), and the Issuer desires to finance said Project upon the terms and conditions as required by the Act and as in the Agreement (as hereinafter defined) set forth; and wi�EREAS, the Borrower and the HRA have entered into that certain Contract for Private Redevelopment regardinq the above-mentioned land, by which the Borrowez, subject to the conditions set forth in said Contract for Private Redevelog- ment, is given the right to develop and improve said land; and WHEREAS, the Issuer proposes to un�ertake said facili- ties as a project authorized under the Act and to finance the cost thereof by the issuance of revenue bonds of the Issuer under the indenture (as hereinafter defined); and WHEREAS, the Issuer proposes to enter into an Indenture of Trust, dated as of Octobez l, 1982 (the "Indenture"), with F& M Marquette National Bank, in Minneapolis, Minnesota (the "Trustee"), to provide, among other things, for the issuance of the City of Fridley, Minnesota, Commer- cial Development Revenue Bonds (Fridley Pla,za Partnership Project), Dated as of October 1, 1982, in�the aggregate principal amount of $1,500,000 (the "Bonds"), by the Issuer, and the Issuer and the Borrower have proposed to enter intc a Loan Agreement, dated as of October 1, 1982 (the "Agree- ment"), so as to, among other things, loan the proceeds of the Bonds to the Borrower to be used to acquire, construct and install the Project, and the Borrower and the Trustee have proposed to enter into a Mortgage and Security Agree- ment and Fixture Financing Statement, dated as of October 1, 1982 (the "Mortgage"), so as to secure the performance of the Borrower's. obligations under the Agreement, and the Borrower and the Trustee have proposed to enter into an Assignment of Rents and Leases, dated as of October 1, 1962, - 3 - whereby the Borrower assigns, grants and transfers to the Trustee all of the Borrower's right, title and interest in and to any present rents and leases or agreements covering all or any part of the Mortgaged Property (as defined in the Mortgage) and the Tenant and the Tzustee have proposed to enter into an Assignment of Rents and Leases, dated as of October l. 1982, whereby the Tenant assigns, grants and transfers to the Trustee aIl of the Tenant's right, title and interest in and to any future rents a�d subleases or agreements concerning all or any part of the Mortgaged Prop- erty (collectively, the "Assignment"), as further security for the payment of the prin�ipal of, premium, if any, and interest on tbe Bonds and the performance of the Borrower's obligations under the Agreement; and WHEREAS, the Bonds issued under the Indenture will be secured by a pledge and assignment of the loan repayments to be paid to the Issuer by the Borrower as required by the Agreement (the "Loan Repayments") and other revenues derived by the Issuer from the Mortgaged Property and the issuer's rights (except certain rights as to indemnification and reimbursement of expenses) under tbe Agreement and the Mort- gaged Property under the Mortgage (the "Mortgaged Prop- erty"), and, pursuant to khe Assignment, all rents, leases, subleases and profits of the Mortgaged Property, and the principal of, premium, if �any, and interest on the Bonds shall be payable solely from the revenues pledged tberefor, and the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limi- tation nor shall constitute or give rise to a pecuniary liability of the Issuer or a charge against the Issuer's general credit or taxing powers and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer other tban its interest in said Mort- gaged Property; and WHEREAS, the Issuer proposes to loan the proceeds of the Bonds to the Borrower to acquire, construct and install the Project, and the Borrower desires to borrow the proceeds from the Issuer to finance the Project upon the terms and conditions as required by the Act and as set forth in the Agreement; and WHEREAS, under the Agreement, the Borrower is to pay to the Issuer sufficient moneys each year to pay the principal of, premium, if any, and interest on the Bonds issued to finance the Project, and the Borrower is to provide the cost of maintaining the Mortgaged Property in good repair, the cost of keeping the Mortgaged Property properly insured and any payments required for taxes; and - 4 - 10 C t�AEREAS, Thomas P. Larkin and Susan J. Larkin, individ- uals residing in the State of Colorado, and Carl John New- quist, Jean Newquist, Mark E. Haggerty, Linda J. Baggerty, w. Gustave Doty, Marlene Doty, 8enry 8. Feikema, Ellen R. Feikema, Ronald L. Haskvitz, Janet S. Haskvitz, John M. Giblin, Randee Held Giblin, Gerald R. Caputa, Jere P. Caputa, Barbaia Au�e, Richard C. Aune, James H. Black, Joan E. Black, individuals residing in the State of Minnesota, jointly and severally, as Guarantors, and Leonard T. Juster and Charlotte T. Juster, individuals residinq in the State of Minnesota, jointly and severally as Guarantors for $110,000, and Alvin S. Malmon and Nancy G. Malmon, individ- ua s residing in the State of Minnesota, jointly and sever- ally, as Guarantors for 110 000 their heirs, legal repre- sentatives, successors an assigns shall, pursuant to the terms of the Guaranty Agreement, dated as of October 1, 1982 (the "Guaranty"), guarantee the payment of the principal of, premium, if any, and interest on said Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THAT: Section 1. The City Council of the Issuer acknowledges, finds, etermines and declares that the welfare of the State requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental action to prevent, so far as possible, emergence of blighted lands and areas of chronic unemploy- ment, and it is the policy of the State to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point wtiere the process can be reversed only by total redevelopment through the use of local, state and federal funds derived fram taxa- tion with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. Section 2. The City Council of the Issuer further finds, determines and declares that such governmental action is required by technological change that has caused a shift to a significant degree in the area of opportunity for edu- catea youth to processing, transporting, marketing, service and other industries, and unless existing and related in- dustries are retained and new industries are developed to use the available resources in the community, a large part of the existing investment of the community and of the State as a whole in educational and public service facilities will be lost, and the movement of talented, educate8 personnel of mature age to areas wbere their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the community and the State of the economic and human resources needed as a base - 5 - 10 D for providing governmental services and facilities for the remaining population. Section 3. The City Council of the Issuer further iinds, etermines and declares that such governmental action is required by the fncrease in the amount and cost of gov- ernmental services and the need for more intensive 8evelop- aent and use of land to proviae an adequate tax base to finance these costs. Section 4. The City Council further finds, determines and declares that the existence of the Project within the corporate limits of the Issuer shall provide for more in- tensive development and use of land to increase the tax base of the Issuer and overlapping taxing authorities and main- tain and provide for additional opportunities for employment for residents of the Issuer and that while conventional, commercial financing to pay the capital cost of the Project is available at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, with the aid of municipal financing and its result- ing lower borrowing ccst, tbe Project is economically more feasible. Section 5. The loan to the Borrower under the Agreement to finance the acquisition, construction and installation of the Project, which consists of the Building and the Equip- ment (as such terms are defined in the Agreement), be and the same is hereby authorized. Section 6. For the purpose of financing the cost of the acquisition, construction and installation of the Project, there is hereby authorized the issuance of $1,500,000 aggre- gate principal amount City of Fridley, Minnesota, Commercial Development Revenue Bonds (Fridley Plaza Partnership Proj- ect), Dated as of October l, 1982. The Bonds shall be issued in coupon form, shall be in such denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form and shall have such other details and provisions as are pre- scribed by the Indenture. Interest rates on the Bonds shall not exceed percent ($) per annum, and the rates of interest shall be approved by the Mayor and the City Manager. Section 7. The Bonds shall be special obligations the Issuer, payable solely from the revenues received by Issuer from the Agreement, in the manner provided in Indenture. As security for the payment of the principal premium, if any, and interest on the Bonds, pro rata without preference of any one Bond over any other Bond�, City Council of the Issuer hereby authorizes and directs - 6 - of the the of , and the the 10 E � Mayor to execute and the Clerk-Treasurer to attest under the corporate seal of the Issuer the Indenture and to deliver to the Trustee the Indenture and does hereby authorize and direct the execution of the�Bonds by the Mayor and the City Manager and does hereby provide that the Indenture shall provide the terms and conditions, covenants, rights, obliga- tions, duties and agreements of the holders of the Bonds, tbe Issuer and the Trustee as set forth therein. �111 of the provisions of the Indenture, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution �as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file in the office of the Clerk-Treasurer with such necessary and appropriate variations, omissions and inser- tions as permitted or required or as the Mayor. in his dis- cretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 8. The Mayor and the Clerk-Treasurer are hereby authorized and directed to execute, attest and deliver the Agreement by and between the Issuer and the Borrower. All of the provisions of the Agreement, when executed and de- livered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect fro�a the date of execution and delivery thereof. The Agreement shall be substantially fn the form on file in the office of the Clerk-Treasurer with such necessary and appro- priate variations, omissions and insertions as permitted or required or as the Mayor, in his discretion, shall deter- mine, and the execution thereof by the Mayor shall be con- clusive evidence of such determination. Section 9. The Mayor is hereby authorized and directed to acceot and confirm the Bond Purcbase Agreement, dated October 25, 1982 (the "Bond Purchase Agreement"), from Miller Securities Incorporated, as Underwriter (the "Under- writer") and accepted by the Issuer, the Borrower and the Guarantors. Al1 of the pravisions of the Bond Purchase Agreement, when accepted and confirmed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement shall be in the form on file in the office'of the Clerk-Treasurer. Section 10. All covenants, stipulations, obligations and agreements of the Issuer contained in this resolution and contained in the InBenture, the Agreement and the Bond - 7 - 10 F �i Purchase Agreement shall be deemed to be the covenants, stipulations, obligations and agreements of tbe Issuer to the full extent authorized or permitted by law, and all such covennnts, stipulations, obligations and agreements shall be birsding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privilegts conferred and duties and liabilities imposed upcn the Issuer or the City Council thereof by the provisions of this resolution or the Indenture, the Agreement or the Bond Purchase Agreement shall be exercised or performed by the Issuer or by such members of the City Council or by such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained fn the Indenture, the Agreement or the Hond Purchase Agreement sball be deemed to be a cove- nant, stipulation, obligation or agreement of any membe� of the City Council or any officer, agent or employee of the Issuer in that person•s individual capacity, and neither the City Council of the Issuer nor any officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 11. Except as berein otherwise expressly pro- niaea, nothing in this reso2ution or in tbe Indenture, ex- press or implied, is intended or shall be construed to con- fer upon any person or firm or cerporation other than the Issuer, the holders of the Bonds issued under the provisions of this resolution and the Zndenture and the Trustee any right, remedy or claim, legal or equitable, uncier and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof; this resolution, the Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and the holders from time to time of the Bonds issued under the provisions of this resolution and the Indenture. Section 12. In case any one or more of the provisions of this resolution, the Indenture, the Agreement, the Bond Purchase Agreement or any of �the Bonds and any coupons ap- purtenant thereto issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, the Indenture, the Agreement, the Bond Purchase Agreement or the BonBs or coupons, but this resolution, the Indenture, the Agreement, the Bona Purchas� Agreement and the Bonds and any coupons shall be construed and endorsed as if such illegal or invalid provision 'hacl not been contained therein. The terms and conditions set forth in the Indenture, the Agree- ment and the Bond Purchase Agreement, the pleage of revenues - 8 - lo � and other sums payable under the Agreement, the creation of the funds provided for in the Indenture, the provisions relating to the handling of the prxeeds derived from the aale of tbe Bonds pursuant to and under the Indenture and tbe handl•ing of said sevenues and other moneys are all com- eitments, obligations and agreements on the part of the issuer contained in the Indenture, and the invalidity of the Indenture, the Agreement and the Bond Purchase Agreement shall not affect the commitments, obligations and agreements on the part of the Issuer to create such funds and to handle said revenues, other �oneys and proceeds of the Bonds for the purposes, in the �anner and according to the terms and conditions fixed in the Indenture, it being the intention bereof that such commitments on the part of the Issuer are as binding as if contained in this resolution separate and apart from the Indenture, the Agreement and the Bond Pur- ahase Agreement. Section 13. The 8onds shall contain a recital that the Bonds are issued pursuant to the Act, and such recital shall be conclusive evidence of the valfdity of the Bonds and tbe regularity of the issuance thereof, and all acts, conditions and things required by the laws of the State relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the Indenture, the Agreement, the Assignment, the Guaranty, the Mortgage and the Bond Purchase Agreement to happen, to existi and to be performed precedent to and in the enactment of this resolution and precedent to the issuance of the Bonds and precedent to the execution of the Indenture, the Agreement, the Assignment, the Guaranty, the Mortgage and the Bond Purchase Agreement have happened, do exist and have been performed as so required by law. Section 14. The officers of the Issuer, attorneys, engineers and other agents or employees of the Issuer are hereby authorized�to 8o all acts and things required of them by or in connection with this resolution, the indenture, the Aqreement and the Bond Purchase Agreement for the full, punctual and complete performance of all tbe terms, cove- nants an8 agreements contained in the Bonds, the Indenture, the Agreement, the Bond Purchase Agreement and this resolu- tion. � , Section 15. The Issuer hereby approves the form of the preliminary O fi�ial Statement, dated October 15 1982 on file in the office of the Clerlc-Treasurer, an ere y rati- fies and confirms its use an8 distribution by Miller Securi- ties Incorporated, the IInderwriter, in connection with the sale of the Bonds and hereby approves the form of the final Official Statement, dated October 25, 1982, and consents to the distribution of the final Official Statement to prospec- tive purchasers of the Bonds; however, the Issuer assumes no responsibility for tbe contents of said Official Statement. - 9 - 10 H � � � Section 16. The Truste� is hereby appointed as Paying Agent for the Bonds pursuant to Section 702 of the Inden- ture. Section 17. , of the Is- suer, is hereby designated and authorize to act on behalf of the Issuer as the Issuer Representative (as defined in the Agreement).. _ ,_ of the Issuer, is hereby designated and authorized to act on behalf of the Issuer as an alternate Issuer Representative. Section 18. This resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED ON OCTOBER 25, 1982. ( SEAL j ATTEST: /s/ Sidney C. Inman Clerk-Treasurer 0 0 - 10 - /s/ William J. Nee Mayor 10 I �sso[.uiiat �0. _ - 1982 A aSSOLQlIO/ lPPit0OI1G � SOBDIYI3I01, LO? 3PLI?, L.3. #82-0#� D�B 7700 BLOC[ BBTYBBII BSBCH A!D BLM 3?HBB? ■. B. YHBRSt3, The Citq Covncil approved a lot aplit at the October 4, 1982. meeting, and YHBREAS, such approval xas Por the East 8 teet of vaeated alley adjaceat to Lots 21 and 22 in Bloek 7, OnaWay i7753 Beech), to be added to Lots 6 aad 7, Block ?� Ona�ray (7760 Elm), and Y}�R�3, the City has received the required Cartificate of Survey from A. Oscar Carlson, and YHBRBA3, aueh approval Will allow a 0 foot lot line betweea 7753 $eeeh and 7760 Elm Streat. HOiT, 1'SBRSFOaS BB IT BESQ.IBD, that the City Council directs the County of Anoka to reeord this lot split Within six months oP tbis approval or elae sueh approval shall be null aad void. PASSED AND ADOPTED BY THE CI17 CODNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1982. iIILLIAM J. NEE - HAYOR ATTBST; SIDNBY C. INMAN - CITY CLERB 2/2/9/2 11 _. _ � �I .i � N �` ' � �-1 • f*1 '� � � r a z � r • a• . y ON � !'f � d N •� O� �p A t0 Z N • O . � ELM STREET �c'' v�� cc.�, � 11 A .� . . � _ .. . Bl'iB� OlR�ar+i � r__ FOR CONCURRENCE BY THE CITY COUNCIL - CLAINS CC CLAII� hUN',BEFS 27'A;0 - 294�06 � � FAR CONCURRENCE BY THE CITY COUNCIL — LI(�`�$ October 25, 1982 Type of License: B� Approved By: _ Christmas 7ree Lot � Merry Christmas Tree 280 Mississippi St. N.E. Fridley, Mn. 55432 t Vending Machine Medtronics, Inc. 6910 Central Ave.N.E. Fridley, Mn. 55432 Value Check of America 7927 Beech St: Fridley, Mn. 55432 Food Establishment The Deli Cart 622 Osborne Rd. N.E. Fridley, Mn. 55432 Dairy Queen Oonald Fitch Canteen Co. of Mn. Royal Crown Bev. P�eil �L. Gulsvig . � Richard Larson Fire Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector 0 13 Fees• $300.00 $30.00 $25.00 $22.50 13 A FAR CONCURRENCE 8Y THE CITY COUNCtL -��S� OC'POBER 25, 19£32 GAS SF:RVICES . W1��I1 Il'IC. . 1228 Polk Street Shakopee, !�A] 55379 ' By: Dick Wiggin Joseph L. Ct�erne Roofing ' 142@-8th Avenue Anoka, l�T 55303 By: J. L. Cherne F. G. Gary Construction Inc. 1432-98th Lane N.E. Coon Rapids, Mn 55433 L. (�cinunsen Construction Co. 1410 Coon Rapids Blvd. • Coon Rapids, l�II�l 55433 Inter-City Builders 1633-Sth Street N.W. New Brightan, l�Il�1 55112 Lakeland Brick & Stone 147 Craig Way N.E. • Fridley, lrII�l 55432 Oasis Pool S S�aa 3423 E�nerald Drive White Bear, NIIJ 55110 Stuart Construction Co. 4611 Lyndale Avenue North Minneapolis, MQ1 55412 HEATING Wiggin Inc. 1220 Pelk Street Shalcopee, 1�A1 55379 � By: F.J. Aillyer By: Larry (�c�nunsen By: Joseph St�un By: Rirylo Czichray By: Thort►as E. Rimker By: Richard Sra�eere By: Dick Wiggin WII.LI�lM �1�IDIN P1bg.-Atg. Inspector LIARRII, QARR Chief Building Official LV�RRII� Q.ARR Chief euilding Official L11��llRREZ (T�ARiC Chief Building Official DIA►RFtEy Q�ARK Chief Building Official LIARRII� Q.ARK Chief Building Official DIARRF�. t1�ARK Chief Building Official D�A,RRII. Q�ARR (�ief Building Official WIIS,IAM S�t�IDII� Plbg.-Htg. Inspector 13 � FOR CONCURRENCE BY TFIE C1TY COUNCIL - RESIDENTIAL RENTAL PROPERTY October 25, 1982 OWNER LOCATION OF BLDG. UNITS FEE APPROVED BY George W. Dollar, Jr. 5780-90 - 2� St. NE 1 ;12.00 Steven J. Olson, 5790 - 2� St. NE Environ.Ofcr. Fridley, MN 55432 Andres Wlasiuk 5111-15 - 3rd St. NE 1 18.00 " 5115 - 3rd St. NE Fridley, MN 55421 Andrew P. Kociscak 5131-35 - 3rd St. NE 2 24.00 " 1419 W. Danube Rd. Fridley, MN 55432 Gerald L. Geisinger 5181-83 - 3rd St. NE 2 36.00 " 6018 - 2nd St. NE Fridley, MN 55432 Gary Grossman & 6242-44 - 5th St. NE 2 24.00 '� Melvin Burstein . 3805 Grand Ave. So. Mpls, MN 55409 Same owner as above Same owner as above Wayne R. Thompson 7339 Able St. NE Fridley, MN 55432 Evert Partnership John Lavander 4428 Grand Ave. So. Mpls, MN 55409 David b Janet Parke Rt. 1, Box 74 Renville, MN 56284 Clarence Fischer 7897 Firwood Way NE Fridley. MN 55432 Kennard b Kenneth Littler 41 Rice Creek Way NE Fridley, MN 55432 Ann Rose B. Kania 430 Ironton St. NE Fridley, MN 55432 6252-54 - 5th St. NE 6272-74 - 5th St. NE 7339-41 Able St. NE 7345-47 Evert Court NE 7843-47 Firwood Way NE , 7893-97 Firwood Way NE 6379 Hwy. 65 NE 430 Ironton St. NE Page 1 2 24.00 2 24.00 1 18.00 2 24.00 2 36.00 1 12.00 8 49.00 2 24.00 � � �� 13 C �R �� gy � �in pp�l�I� - RESIDENTIAL RENTAL PROPERTY October 2b, 1982 OWNER LOCATION OF 6LOG. UNITS FEE APPROVED BY S. K. Madireddi 1230-32 Norton Ave. NE 2 �24.00 Steven J. Olson, 11542 Gentilly Rd. Environ.Ofcr. Maple Grove, MN 55369 Robert b Debra Tester/ 124 Pilot Ave. NE 1 12.00 " Harold 3 Mary Martineau 349 Territorial Rd. NE Blaine, MN 55434 Andrew P, Kociscak 1419 W. Danube Rd. Fridley, MN 55432 Janice G. Dold 6110-14 Star Lane NE Fridley, MN 55432 Michael & Jacalyn Chies 2760 - 219th Ave. NE Cedar, MN 55011 1631 Rice Creek Rd. NE 6110-14 Star Lane NE 7313-15 University ave.NE Page 2 1 12.00 1 18.00 m �n 2 36.00 " .. 14 fOR CONCURRENCE BY THE CITY COUNCIL ESTIMATES October 25, 1982 Herrick b Newman, P. A. 6279 University Avenue N.E. Fridley, MN 55432 For legal services rendered as City Attorney for month of September 1982 Re: Industrial Revenue Bonds (Kuether Distributing Company) Halverson Construction Company 4227 165th Avenue N.E. Wyoming, MN 55092 PARTIAL Estimate #4 1982 Misc. Concrete Curb & Gutter Project E. A. Hickok & Assoc., Inc. 545 Indain Mound Wayzata, MN 55391 Professional Services - September, 1982 Moore Lake Restoration Project Keys Well Drilling Company 413 North Lexington Parkway St. Paul, MN 55104 � 4,859.80 $ 2,250.04 $ 1,472.50 $ 3,292.74 FINAL ESTIMATE - Repair Well #3 �14,084.50 � VIROII C. Mt11111CK OAVID �. 11tWYAN VC� HERRICK 8c NEWMAN, P.A. wTto�N[rs wt u►w October 11, 1982 September Retafner: RE: HRA HOURS IN EXCESS OF 30 AT $50.00 PER HOUR: EXPENSES ADVANCED: County Recorder (Hardel-Hardel): County Recorder (Hardel-Bodin): District Court (Copy of Order re Hardel-Bodin): District Court (Copy of Order re Hardel-Hardel): Anoka Court re Burlington: District Court (Massage Parlors): Court Reporter (re Massage Parlors): Court Reporter (re Massage Parlors): Witness Fee re Massage Parlors: Witness Fee re Massage Parlors: Witness Fee re Massage Parlors: Witness Fee re Massage Parlors: David P. Newman (Copies re Massage Parlor): 165 xerox copies: •27Y tINIVEI�iiT�' AVENy! N.E. FRIOLEY, MINNESOTA 5St]2 i71-�SO $16S0.00 902.50 1867.50 5.00 5.00 3.50 3.50 35.00 6.00 113.60 178.45 15.00 15.00 15.00 15.00 5.00 24.75 BALANCE DUE: $4859.80 14 A v�esn e. Moee�er pAVtO ►. MLWMAN vcx HERRlCK & NEWMAN. P.A. �troeNCrs wT uw 1=7� YNIYERfITY AV[NU! N.[. FRIDLEY. MINNEiOTA sSI�2 s��.s�so October 11, 1982 �NVOicE N° 14 8 1326 , � ; City of Fridley ; 6431 University Avenue Northeast ; Fridley, Minnesota 55432 � � � PLEA86 RETURN UPPER PORTION WITM PAYMENT ��..-__-��_�__.-�_��-_--�____-_��_-�__��_�___-_�-_��___�__��_�__�_�__..____�_��_��_�..�__�• i � 82/10/11 RE: INDUSTRIAL REVENUE BONDS � 82/10/11 (KUETHER DISTRIBUTING COMPANY) � � 82/10/il Review various drafts of the � 82/10/11 followinR documents: Indenture � 82/10/11 of Trust; Loan A�reement; � 82/10/11 Mortgage and Security Agreement � 82/10/11 and Fixture Financing Statement; � 82/10/11 Assignment of Rents and � S2/10/11 Leases; Subordination � 82%10/11 ARreement; Guaranty Agreement; � 82/10/11 Preliminary and Final � 82/10/11 Resolutions; Bond Purchase � 82i10/il Agreement; Preliminary Bond � 82/10;11 SCatement; Transcript of � 82j10/il Proceedings; Pre�aration of � 82/10/11 Legal Opinion; Attendance at � 82/10/11 Council Meetings of � 82/10/il August 16, 1982; ; 82/lOjll September 13, 1982; and ; 8�/10/11 October 4, 1982 ' ; 82/10/11 INVOICE N0. 1326 (KUETHER) 2250.00 TOTAL BALANCE DUE RE FEES: $2250.00 wr • • �� :, �[8!lOR��DOIi! 'l�s SID II1�IriN Fii�ls J�OEIl�1 Fi�tA St�JDCTs WELL #3 nATE: SF.FT�IIt 30, 1982 As explained on Bob Norciahl's attached meno, we expended additional funds in the development and regair of Well #3 in primarily two areas, that af clearing the bore hole and test pu�ing as voa�ared to our original contract sul�nittal. We had anticipated that the fill in the bore hole was down at 812 and established our cleaning of the hole accordingly. After the contract was awarded and K�ys went into the well, the hole had f illed up to 735 feet or almost another one hundred feet above where we thought w�e were. hfifien we fir��iy got the well cleared and the interior reQaired, w�e ran into a large amamt of fine materia]. suspended in the water. A�000rdingly, we had to test p�mp the well for a longer period of time in order to obtain sand-free water. Since the bids for the repair work on Well #3 were submitted to the lowest bickier, Reys Well Drilling, these increased oosts for this work they sent you were acvo�lished by the lowest bidder in accordance with our advertised scheme and were required because of unforseen circumstances in the well c3evelopm�nt. We originally identified to the vicinity of 540,000 and averall, S�ggest you keep this memo as work on We21 #3. .. Council that the repair work would cost in the the work was acoom�plished for less than that. an explanation of the wsts associated with the 14 C �+s c�Tr os FRI L Y DIF�ECTORATE OF PUBLIC WORK� 30. 1982 rations Analyst SUBJECT final Estimate For We11 �3 Payment 14D MEMOAANC�UM On May 19, 1982 bids were open to repair Well �3. Keys Well Drilling Company received the award for the items identified for a contract price of $24,261. The original bid was awarded on two phases. Phase I required drilling and cleaning the bore hole from a12 feet to 840 feet. We estimated 40 hours.to accoroplish this phase. On June 7, 1982 it was found that the casing was filled to 735 feet. After clearing the bore hole to 184 feet, sand and shale would slough and refill the bore hole indicating a large cavity below the end of the casing. This unanticipated problem caused the drilling and cleaning of the bore hale to go over the 40 hour estimate. The total hours required ta clear the bore hole was 243 or $24,300. This is 203 haurs or $20,300 over the bid price. Keys was the low bidder on this item. Also because of the cavity and failure of sand into the bore hole, Keys recomnended that we extend the Well casing 64 feet to a total of 791 feet. This required installing an additional 10 inch steel pipe, a 10 inch bell and 20 yards of grout. Change Order No. 1 was approved and established the new contract bid of $31,471. As a result of the work accomplished in the Well, the water was found to be discolored from sand and silt. tt took an additional 43 hours of test pumping rather than the 10 estimated hours to clear the Well and produce 1000 GPM of sand free water. This additional work was $1,485 over the bid price. Keys was the low bidder on this item. Recommend the bills received for Keys Wel� Drilling be paid for the work completed on 4te11 #3. Please let me know if you need additional infor- mation concerning this We]1. BNImc r�i��►oa�: i1678�1—i167872 INVOICE ��g Na. �� 1�� E St Paul, Minn. bSIM WATER PRODUCERS rCity of Fridley 6k31 University Avenue N. E. Fridley, Minnesota 55k32 L I D�►TE INVOICE N0. August 31, 1982 8252-2 Repair Well No. 3 A. Drilling Rig and Crews June July August I B. C. E. F. G. H. I. CUSTOMER ORDER N0. 2204k - 6T Iirs . - 1�+0 Hrs . - 36 Hrs. 2�3 Hrs. � TERMS: NET 10 DAYS J P�tnalirtp interest ra/ea a�ill be droryed we o// onr-dve ocrowt�. LOCATIO� OF 11'ORK @ $100 . OOu $2k , 300� 00 Change Order 10-Inch Pipe - 61�' @ $ �5. jGrout - 16-1/2 Yds. @ $150. ,10" x 16" Bell - 1 Labor Bell out 10" Pipe, Install Grout and Install Bell - Television Inspection - Pump Repair P k' 1,600 00 2,475 00 250 00 2,000 00 850 00 ac ing Box - 1 15 00 Stuffing-Box Bushing - 1 �+5 00 8-Inch Column, T& C - 8 @$255.00 2,oko 00 1-7/16" F/M Rubber Bearings - 26 @$ 16.00 kl6 00 Impeller Collets - 7 @$ 18.00 126 00 Bowl Bushings - 9 @$ 35.00 315 00 Install Pump - � 1,750 00 Air Line - 90 00 HTH Disinfectant - 200 00 Testing - 43 Hrs. @$ 45.00 1 935 00 $38,k07 00 Less Previous Estimates ..... 24 322 p $14,08�+ 50 Amouat of this Invoice . . � . . . . . . �. . .�I. . .$lk,o8k� 50 CITY OF FRIDLEY •' Engineering Department 6431 University Avenue Fridley, Minnesota 55432 Date Sept. 30, 1982 T0: Honorable Mayor and City Council RE: Est. City of Fridley Per. 6431 University Avenue Northeast for Fridley, Min�esota 55432 croTF��rr nF unRK 14 F ( R�l��I�: ) No. � 3 - tFinal) Ending Sept. 30, 1982 Keys Well Drilling 413 Lexington Parkway St. Paul, MN 55104 CONTRACT OGRES Contract Item stimate Un� uan 1 y ua� ity Amount uantities Price This Est. To Date To Date Dril i Ri a d Cr w 40 100.00 36 243 24,300.00 I r 100.00 • 1 700.00 850.OU 300.00 10 200 00 Gr 1 100.00 5 2 400.00 331.00 1 1 $ 2,957.00 � 1 1 1 750.00 90.00 1 200.00 ' Chan e Order 6 8 TOTAL � � SUMMARY: Origi�al Contract Amount Contract Additions - Change Order Nos. 1' Contract Deductions - Change Order Nos. Revised Contract Amount Value Completed To Date SUB TOTAL Amount Retained Q�(�,1Q (YD�3C� (10%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR 14 G _ ?Q, Fi71 __ nn ,� S �,��n__ nn i i? i,., a� i_,_„ nn _ = 38,a07.D0 � � 2,702.50 � 24,322.50 � 14,084.50 I hereby certify that the work performed and the materials supplied to date under terms of the contract for reference project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities of the final estimate are correct), and that this estimate is ju .and correct and no part of th "Amount Due This Estimate" has been received. By \w� Date � �� ' �'✓ o trac or ut or�zed e esent �ve � e CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitted to payment of this estimate under the contract for reference Project. . CITY OF FRIDLEY, II�SPECTOR By /s.ir..�jr••`� (/d:��✓� Check ed By . i� :�%/ � 100A/ 1091A Date lJ �f� Respecfully submitted, CITY OF FR LEY 6 �+.� L , P. . lic�Works Director 0 j ♦► �� 15 • � < ,,4�vka C'ou�rty ;'~~E s04• �epart�e�t of �ar�s � Kecrea��a� a David L. 7orAri/dson. Oiiettor 550 Bunkei Lske B/vd. - Anoka, Minnesots 55303 Tt/ephone 612 - �57-39?0 October 8, 1982 The Honorable William J. Nee Mayor of the City of Fridley 6431 University Ave. N.E. Fridley, Minnesota 55432 Dear Mayor Nee: It has come to my attention through Ed Wilmes that the City of Fridley must move the Eisenhower Memorial from its present location because of parking lot expansion. Ed has suggested that it be moved to the Islands of Peace adjacent to the reception center. This idea has been explored with the Islands of Peace Advisory Committee, but as to date we have not discussed this with the City Park Department nor the Council. There seems to be some urgency in getting the memorial moved as soon as possible, and I think that if the City Council and the City Park Commission and the Fridley V.F.�V, felt it appro- priate, I am sure that the Islands of Peace would be an excellent location. The location referenced would be directly south of the reception center near the existing flagpole. At this point I am not sure if you would like us to make a formal presentation to the Council, requesting the memorial be moved to the Islands of Peace, or if in fact the City and the V.F.W. have come to a decision on its location. Please advise. Sin rely, �� . � David L. Torkildson Director of Parks and Recreation Anoka County, I�!innesota DLT:je cc: Nasim Qureshi, City Manager Charles Boudreau, Director of Parks & Recreation Commander Jerry Resner, Fridley V.F.W. :, .. r .� �Q� ��, �;� FRIDLEY POST N0. �63 1042 Osbom• Road, N.E. Fridlq, Minnesoto 55432 Mr Jerrold Boardman 643� �iversity Ave. N.E. �ridley� Minnesota 55432 Deax Sir, At our meeting on October 12 1982 the membership passed a Motion City of Fridley if they would cansider Moore Lake as the site for ask the e monument. Very Tx�ly Y s, '�-�� % � Gerald Resner Commander 9�'W 63 � YET ERANS Of fOREiGN WARS OF THE UNITED j STATES 16�