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10/17/1983 - 5249. •. FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: October 17, 1983 NAME ADDRESS - ITEM NUMBER =_ �:�r :.t.� �_==�.:w=�( ______________________ �o�== ��'S,T=====_ ��' ___=__ � L=====__--__-_______' � �.. C� . .� v`c �.. �' � ;-,./ /`f �/ /� y 1�?�� l�C l� � ��--%- ��1 �' 1 � 4 �� z c,� ��; � � �. � 5 � �� t, ,�� 0 , 0 r FRIDLEY CI TY COUNCIL � OCIOBER 17, 1983 - 7:30 P.M. Follawing are the "ACTIOtZS TAKIId" by the A�ministration for your information. : ' J:��/. � y lu iY� Council Meeting, September 26, 1983 Approved with correction Council Meeting, October 3, 1983 ` Approved with correction CITY MAI�GER--ACTION TAKEN: Corrections made in minutes and file for future reference AD�PT ON OF AGII� Added: Resolution Conmending Staff on Grand Opening � � �I\ Z� � 1M I ��j:%� (C;onsideration of Items not on Agencla - 15 Minutes) No one wished to speak a 1: .I_ . : �. Public Hearing on a Proposed Project and the Issuance of Catmercial Developnent Revenue Bonds or Notes Under the Municipal Industrial Development A�ct, Minnesqta Statutes, Chapter 474 (Sj�Scwyoo3 Mall) . . . . . . . . . . . . 1 Public Aearing Opened at 8:05 p.m. Closed at 8:50 p.m. (SEE ITEM N0. 12—Resolution No. 99-1983 adopted) Council Meeting, October 17, 1983 • . ►� Page 2 Discussion with Representative of the C,able Cc�mpany and Cable Ca�nission . . . . . . . . . . . . . . . . 2 Discussion Only. Varinace to Increase the Maxim�un Size of a Free Standing Sign by Renneth Ingraan for 7600 University ' Avenue N.E. (Tabled 10/3/83) . . . . . . . . . . . . . . . . 3 - 3 H Variance denied by Council PilRT.T(' {�RKS ACTION '!'1�KEN: A�Z1Cdflt lt'1fOIlI1�. Consideration of an Appoint7nent to the F�ergy Catmission (Tabled 10/2/83) . . . . . . . . . . . . . . . . 4 Item tabled to next meeting g�r,T� WURKS—ACT?ON TAK_EN: November 7th agenda Second Reading of an Ordinance Amenc7ing Chapter 504 of the Fridley City Code Entitled "Taxicabs" by Amending Section 504.02 . . . . . . . . . . . . . . . . . . . 5 Ordinance No. 789 aclopteci CSTX MAI�GER ACTION TAREN: Ordinance published in Fridley Sun c�Ar. ��vrCE--ACTION TAREN: Appropriate parties have been informed of Council action � Cour�cil Meeting, October 17, 1983 Page 3 Consideration of First Reading of An Ordinance Adopting a New thapter 218, Entitled "Hazardous Waste Gontrol", of the Fridley City Ca�e .......... 6- 6 H Adopted on first reading and referred to Planning Cort�nission for reconmendations p[tRr.TC WpRxs ACTION T�?cEN: Planning Caimission sent this to EQC, then it will go back to Planning Cannission and then will be brought back for consideration of seconc3 reading when reco�mnendations are received Consideration of a Request for �tao Trailer Permits to be used for Classrooms for ZWo Years by Fridley Assembly of God �urch, 472 Osborne Road, and Parked on Unity Hospital Property . . . . . . . . . . . . . . . . . 7 - 7 B Request approved and the fee waived P[TRt.TC' WpRKS ACTION TAKEN: Applicant informed Receiving Planning Carmission Minutes of Septe�nber 28,1983 ..........................8-8L A. Special Use Permit, SP #83-09, E. Louis Schuette Superamerica, to allaw the Construction of a Service Station at 7299 Highway #65 N.E. ........8-8B Planninc� Conanission Reconmendation: Approval & 8E-8G Council Action Needed: Consideration of Reconunendation Ap�roved with stipulation — • Applicant informed that Special Use Pernut approved with stipulation Q�uncil Meeting, Octaber 17, 1983 �t� .I_ •� ►��1 ►i 1�� (Planning Catmission Minutes Continued) B. Lot Split, L.S. #83-04, E. Louis Schuette Superamerica, to make two building sites, the same being 7201 and 7299 Highway 65 N.E. ....... 8C pl�nninca Corrmission Recormiendation: Approval & 8E-8G with stipulations Council Action Needed: Consideration of Recomnendation Requestec3 Lot Split approved $1�LIC WORKS—ACTION TAKEN: Applicant informed Of Council approval of Lot Split C. Iten fram Appeals Cam►ission Meeting of September 20, 1983 to Reduce Parking Lot setback and the lot area for 7201 and 7299 Highway #65 N.E., by E. Louis Schuette, Superamerica ....... 8H-8K BPpeals Comn�.ssion Recomnendation: Approval � 8L with stipulatior�s Council Action Needed: Consideration of recoscvnendation. Approved with stipulation PtJBLIC WORKS--ACTION TAKEN: AppliCant irlfoi7ned of Council approval with stipulation Page 4 Receiving Planning Co�nission Minutes of October 5, 1983 . . . . . . . . . . . . . . . . . . . . . . . 9 - 9 F A. Special Use Permit, SP #83-10, to allow a regair garage at 7948 University Avenue N.E. Fred Lyons ..................................... 9-9B Plannir�g Co�riission Recomnendation: Approval & 9D-9F with stipulations Council Action Needed: Consic3eration of 1\G�.VI l YI IG� itQ f.ivi a• A�proved Special Use P+ermit with stipulation PLTBI1jC_,�2RKS ACTION TAKEN: AppliCant infOlmed Of of Council approval with stipulation � Council Meeting, October 17, 1983 Receiving Bids and Awarding Contract on 1983 Civic Center Sprinkler System Project (Bids opened 10/5/83 11: 00 A.M. ) . . . . . . . . . . . Bids received and contract awarded to law bidder Schwickert's, Inc. in the amount af 515,800 PUSLIC j�RKS ACTION—TAKEN: All bidders informed of Council action Page 5 . . . . . .10-10A Consic3eration of a Resolution Supporting the Metro Wide Licensing of Taxicabs . . . . . . . . . . . . . . 11 Resolution No. 98-1983 adoptec7 CIIJI�RAr, SERVICF ACTION T�EN: Certified copies of Resolution have been sent to appropriate parties Consideration of a Resolution Giving Preliminary Approval to a Project Under the Municipal Industrial Developnent Act, Referring the Proposal to the NLinnesota �ergy and Economic Development Authority for ApQroval, and Authorizing Preparaton of Necessary Doc�m�ents (Fair Oaks Project/Skyw�ood Mall) . . . . . . . . . Resolution No. 99-1983 adopted . . . . . 12-12B CENI'RAT. SERvT(�—ACTION TAKEN: Skywood Mall has been informed of Council preliminary approval MOTION made that the hill behind Skywood Mall be maintainec] and protected as gart of the building permit process — • A plan for control of erosion of the hill will be developed O�uncil Meeting, October 17, 1983 ►►a. :� �� • ►� ►. �� Page 6 Consic]eration of a Resolution Callirig for a Public Hearing on a Proposal to Undertake and Finance an Industral Development Project (Johnson Pri.nting) ..... 13 - 13 A Resolution No. 100-1983 adoptec7 CENI�R� SE�VICE—ACTION TAxQL: Arrangements for the public hearin9 have been made Q�NSIDERATION OF RF50LUTION Q�kM'�IDING STAFF ON GRAND OPENING Resolution No. 101-1983 adopted �TY MANAGER—ACTION TAKEN: Forward resolution of oann�endation to Staff � Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Approved S�'.NrRAL SEFtVICE—ACTION TAKEN: Clai� Paid �Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 B Licenses Issued � Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Estimates Paid 10:05 p.m. 0 COUNCIL MEETING. OCTOBER 17, 1983 ► � : ► PAGE 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING A NEW CHAPTER 218. ENTITLED "HAZARDOUS WASTE CONTROL". OF THE FRIDLEY CITY CODE .......... 6- 6 H CONSIDERATION OF A RE�UEST FOR TWO TRAILER PERMITS TO BE USED FOR CLASSROOMS FOR TWO YEARS BY FRIDLEY ASSEMBLY OF GOD CHURCH, 472 OSBORNE ROAD. ANO PARKED ON UN ! TY HOSP I TAL PROPERTY . . . . . . . . . . . . . . . . . 7 - 7 B RECEIVING PLANNING COMMISSION MINUTES OF SEPTEMBER 28.1983 ..........................8-8L A. SPECIAL USE PERMIT, SP �83-09. E. LOUIS SCHUETTE SUPERAMERICA. TO ALLOW THE CONSTRUCTION OF A SERVICE STATION AT 7299 HIGHWAY �65 N.E. ........8-8B PLANNING COMrSISSION RECOh1MENDATiON: APPROVAL 8 8E-8G COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION , , � COUNCIL MEETING, OCTOBER 17, 1983 ► � : �1 1 � �PLANNING COMMISSION MINUTES CONTINUEO) B. LOT SPLIT, L.S. #83-04. E, LOUIS SCHUETTE SUPERAMERICA, TO MAKE TWO BUILDING SITES, THE SAME BEING 7201 AND 7299 HIGHWAY 65 N.E. ....... 8C PLANNING COMP�IISSION RECOMh1ENDATiON: APPROVAL 8 8E-8G WITH STIPULATIONS ,�OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION . 0 C. ITEM FROM APPEALS COMMISSION MEETING OF SEPTEMBER 20. 1983 TO REDUCE PARKING LOT SETBACK AND THE LOT AREA FOR 7201 AND 7299 H�GHwAY �65 N.E.. BY E. LOUIS SCHUETTE. SUPERAMERICA ....... 8H-8K APPEALS COMh11SSI0N RECOMMENDATION: APPROVAL g 8L WITH STIPULATIONS COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION. PA�E 4 RECEIVING PLANNING COMMISSION MINUTES OF OCTOBER 5. 1983 . . . . . . . . . . . . . . . . . . . . . . . 9 - 9 F A. SPECIAL USE PERMIT, SP #83-10, TO ALLOW A REPAIR GARAGE AT 7948 UNIVERSITY AVENUE N.E. FRED LYONS ..................................... 9-9B PIANNINC COMMISSION_RECOMh1ENDATION: APPROVAL g 9D-9F WITH STIPULATIONS COU�CIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION. ' 0 ► . : ► � ► iT►I11��7 RECEIVING BIOS AND AWARDING CONTRACT ON 1983 � CIVIC CENTER SPRiNKLER SYSTEM PROJECT (BIDS OPENED 10/5/83 11:00 A.M. ) . . . . . . . . . . . . . . . . . 10 - 10 A CONSIDERATION OF A RESOLUTION SUPPORTING THE METRO W{DE LICENSING OF TAXICABS . . . . . . . . . . . . . . 11 CONSIDERATION OF A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL (NDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL. AND AUTNORlZING PREPARATON OF NECESSARY DOCUMENTS (FAIR OAKS PROJECTISKYWOOD MALL) . . . . . . . . . . . . . . 12 - 12 B COUNCIL MEETING, UCTOBER 1(._1y�3 rA�t o 1 � : 1 �1 ► 1 CONSIDERATION OF A RESOLUTION CALLING FOR A PUBLIC � HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE AN INDUSTRAL DEVELOPMENT PROJECT (�OHNSON PRINTING) ..... 13 - 13 A CLA I MS . . . . . . . . . . . . . . . . . . . . . . : . . . . 14 LICENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 1� B ESTIMATES . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16 A �I 1 �: ► THE i�Ln_�['� OF �E RDC�3LAR ME�.TII� OF Ti� �7nT.FV �rrv mrmrTr. nF ��ER 26, 1983 ZY�e Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. �E OF IAA]�CE • Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL • 1�4BERS PRFSFSIT: Mayor Nee, Councilman Barnette, Councilman Schneider Councilman Hamernik and CounciLnan Fitzpatrick N�BERS ABSENT: None � _ " �U/: • +� �. i4 �!� 1�, ti ��+. �, ��4a��: �; • : MOTION by Councilman Aamernik to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : � � � • � � = e+��,� ; Mayor Nee requested Item 4 be deleted as it was put on the agenda by mistake. MOTION by Councilrnan Fitzpatrick to adopt the agenda with the deletion of Item 4, which was a resolution ooncerning the release of portions of trunk highway turnback to the City of Fridley. Seconded tyy Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ••�+� ��c+l� � �r��: Mrs. Susan Sikorski, representing her husband Congressman Sikorski, presented the 1982 conmunity Partnership Award to the City. She stated this was also a welcome home for her since she is a graduate of Fridley �High School and was pleased to be able to present the award. She stated the lives of disabled persons are greatly enhanced in the City and personnally thanked Barb Terpstra and Marion Anderson for their promotion of the International Year of Disabled Persons. Mayor Nee accepted the award on behalf of the City, and thanked Mrs. Sikorski for the presentation. �v� �� I� * i -� ��. �1��4 . 44 � � d�': � � �� i� �� Mr. Dennis Johnson, 6336 Starlite Boulevard, requesting a progress report on the actian taken by the Council at the last meeting. He asked if a lawsuit had been filed against the Waste Management Board; what publicity tias been �!� 1�, r „��1� 1�. • ��y��: �; . F ��_ given to neighboring catmunities that will be affected; and what zoning laws will be changed in order to pramote other industrial development in this area. Mr. Qureshi, City Manager, stated the Council authorized the ac3ministration to engage the law fiYm of Popham, Haik, Schnobrich Kaufman & Doty, Ltd. to file a lawsuit against the Waste Manag�nent Board, and this f irm has been authorized to do so. He stated, as far as the zoning regulations, the Council is now working on this issue and hopes to present some changes shortly. He stated the Council has also received a list of other cities that potentially could be affected by the Waste Management Board's designation and a letter could be sent to these comnunities, if the Council so desired. PiJgI.IC T G • 4 �� •� i i �t. � l a �\��t� +. ��1 : �� ,e ��«r �i y♦ 1t �� e �• * �I� � \� + � � � ,, � \��71� «r e �� ' � ' �\�� i �i� i �.«� � �� : \. • � y. � ;�y : ' 1 � ► y. DI►+ ; �M MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public heari.ng. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:42 p.m. I'f Mayor Nee stated this hearing covers the proposed renewal of a gas franchise with Minnegasco. He stated the City was operating under such a franchise for aver 20 years. He asked Councilman Hamernik to comment on this issue, since he is the Council's representative to the Suburban Rate Authority. Councilman Hamernik stated the Suburban Rate Authority authorized their counsel to negotiate with the gas company to came up with a franchise that would cover another 20 year period, retroactive to Janauary 1, 1983. He stated this franchise pretty well follows the same ovtline as the previous franchise. He stated, however, anything relating to specific rates was omitted since the Suburban Rate Authority doesn't have rate negotiating authority. He stated this was taken over by the Public Utilities Co�mission. Mr. Flora, Public Works Director, stated the City wr�rked with a number of other cities and the Suburb�an Rate Authority on the franchise and felt the dociunent was workable. Councilman Hamernik stated since there is no authority to cover rate regulations, this franchise primarily deals with coordination for installation or r�noval of facilities in the City. He stated, however, if another utility came in to the City, the franchise doesn't preclude any negotiations with other utility co�npanies. Cotuici].man Schneider asked if this docimient gives the City authority with regard to service problems and the responsiveness of Minnegasco. OF SEPTII��II2 26 , 1983 �� Counci]man Hamernik stated the authority is probably there to eliminate or cancel the franchise, but there isn't another utility canpany to take over. Councilman Schneider asked if there was any authority or body overseeing the actions of Minnegasco. Mr. Newman, representing the City Attorney's Office, stated there is the state agency, the Public Utilities Commission, which oould be contracted regarding the actions of Minnegasco. No other persons spoke regarding this proposed renewal of the gas franchise with Minnegasco. MOTION by Coi,incilman Barnette to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:50 p.m. � BUSINFS.S • 2� VARTANf'F� �1YJ j�Fyn�E �� ST7F OF A FREE STAI�IDII� STC'1v Rv K�� jNGRA►�'! FOR 7600 SITY AVENUE N E (TABLID 9/12/g3) • Mr. Flora, Public Works Director, stated this was a request for a variance to increase the maxim�un size of a free standing sign. Mr. Flora stated the Western Station currently has an existing identification and price sign which is 75 square feet, however, they wish to relocate this sign on Osborne Road and install a new identification and price pylon sign along University Avenue. Zhe new sign would consist of a total of 108 square feet. Mr. Flora stated there seems to be a difference in opinion in interpretation of the oode as to whether or not the pricing signs should be included in the total square footage of a sign. Mr. Flora stated Council may want to give sane direction on haw to proceed with the gas pricing sign and, if the original ordinance is unclear, perhaps it could be changed to be more explicit. Councilman Barnette stated he felt the Council should do what they can to help business in Fridley and, if necessary, should change the ordinance. Councilman Fitzpatrick stated he didn't feel there was a problem of identity on this oorner. Mr. Gordon Griffin, representing the petitioner, stated they felt exposure was needed on Osborne Road, as well as University Avenue, which is why they are requesting the new sign. He stated if they had a smaller sign, there wouldn't be room for pricing and this was very important in the gas station business. Council.man Schneider stated he has difficulty establishing a hardship in this case, since nothing has changed since the station was constructed. �� J�. � „��+�M1�. �� +�4a,�i:.�; . • : '��. ['�at� Mr. Newman stated he dic�'t think there was a hardship in this situation, however, it is a discretionary matter that has to be decided by the Council. Mr. Griffin stated the ordinance refers to only one sign so if both of the signs are included, it would mean each sign could only be 40 square feet as they wanted one each on Osborne and University Avenues. C�ouncilm�-�n Hamernik stated he has no problem with the sign, but felt there should be same clarification of the ordinance. MOTION by Councilman Hamernik to grant the variance to increase the maxim�mn size of a free standing sign for the property at 7600 University Avenue to allow construction of the sign, as proposed. Seconded by Councilman Barnette. Councilman Barnette felt signs are very important for retail businesses and, in order to be fair, he hoped they received some requests from others that were turned dawn in the p�st. Councilman Schneider stated he doesn't r�cessarily think there is a valid hardship. T'he question is what is fair and he would like to know the amount of signage for other service stations in the area. Mayor Nee stated he is all for signs, but tends to agree there isn't a hardship as nothing has changed with the property. Councilman Hamernik felt, in all fairness to the petitioner, the Council has to take action before the middle of October, if he is going to install any signs this year. Mr. Qureshi, City Manager, stated staff could do a study of service stations in the City and come up with a report on the size of signs. The Council could then review this information to determine if they want to make changes in the ordinance. He stated another approach is for a gas station to have one four-sided sign as Champlin has done at 73rd and Highway 65. MOTION by Councilman Schneic]er to table this request to the next Council meeting and instruct staff to do a study of the total square footage of service signs in the City, identification and pricing signs, with a report back to the Council. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Hamernik asked if the Co�mission would have a chance to react to this information. �unci]man Schneider felt, in order to make a decision on this particular request, he w�ould like the information froqn staff . He felt the information could then be further studied by the Camnission. Mayor Nee stated if the staff's report indicates there is more signage for other service stations, he fe.it the Ca►mission should definitely review the ordinance. �� 1\. � yl�i� ��. �i y��4?MI:.�1; • ' _N + a.� �� . � � ��i�` �i\ �.� �� \ �. � �� i e � � y ��4� i� �i��.y 4 � 1. • • : �� : ��l �►/� �. ' N � • ► �! ; ��.1�'1+M �. M. : y.i MM �� +: 1� � : �u y�l �� 1��! • : �!.. � � �� : b.� � � � «. �i . � v ,4�k 1. : �i� : «� ; : �� : .1� ►l4�; ��! ; � y ; ��4��. � �! y,l : �+� 1. ►1 ►, �� M.� • ��. 41: � : ►i� � u �.4� 1: Mr. Flora, Public Works Director,stated at the last meeting, Ms. Ronn brought up basically five issues. 7hey w�ere as follaws: (1) Zlze City used more salt than they w�uld have if they had used it with sand; (2) Fridley is the only conmunity that is using black slag,fram NSP. EVen the material the County is using is different and more envirorunentally safe; (3) None of the other conmunities of the County is using this material. Hennepin County did an analysis and decicled not to use it. ZR�e cities of Anoka, Columbia Heights, Spring Lake Park do not use this material; (4) She indicated there are some other reports that indicate erivirormiental hazards regarding use of this material; and (5) �ere is a high mercury content in the slag. Mr. Flora stated the City uses mixture close to 1/3 slag, 1/3 sand and 1/3 salt, and feels this provides the best material to melt the ice. He stated Fridley is one of 18 cities and three counties using NSP black slag. Mr. Flora stated the reports submitted by Ms. Ronn indicate that "none of the EPA Primary Drinking Water Standards are exceeded by any of the ash materials leachates. MPCA stated that "salt probably represents the greater detriment" envirornnentally than ash mixture. He stated the reports provided by Ms. Ronn indicate there is substantially less mercury in pure black slag then in a slag/salt mixture. Also, mercury could not be determined at the drinking water standard level. Mr. Flora stated some of the advantages of using black slag as a deicer are as follaws: (1) law cost; (2) less sand required; (3) black slag remains in place; (4) black slag cuts ice; (5) black slag is a recycled material, inert and safe; and (6) acts as a catalyst to the salt because it is black and absorbs heat to reduoe ice. He stated the disadvantage is the black color. � Mr. Flora felt if sand was used it probably woulc�'t stay through the first ice storm, however, slag would remain through several storms. Councilman Hamernik asked if just sand was used, if more would be used per application. Mr. Flora stated more sand would be used because it wouldn't stay as long as the black slag. C�ounciLnan Schneider asked what the Highway Department uses for their streets. Mr. Flora stated the State uses straight salt on the major highways and also uses sand or a sand/salt mixture in other areas with lower traff ic volLmies. aDrtr�r.TI. MEEr?� OF SEP'I'II�BIIt 26. 19� P,�iGESt Councilman Schneider asked if there was any changes in cost for operation and manpawer in using slag versus sand. Mr. Flora stated more passes would have to be made using sand, as it doesn't stay on the streets as well as black slag. � Councilman Fitzpatrick questioned the amount of salt Fridley uses, as crn�ared with other neighboring cities. Mr. Flora stated a number of mixtures was tried and this was found to be the best in eliminating the ice and providing movability for traffic. He stated Hennepin County uses 100$ salt and Fridley uses 30$ salt. Councilman Schneic7er pointed out the cost difference was only about $600 so perhaps the City should try using just sand this winter. Ms. Ronn, 169 Hartman Circle, thanked the staff, on behalf of the Fridley Beautif ication Association, for responding to their request. She stated they are here tonight for a very serious objective which is to have the city use 100$ sand for winter street maintenance. She stated she was overwhelmed that aver 90$ of the people in the metro-area agree with th�n. She requested the Council's support in getting Anoka County to cease using black slag. Mr. Ray Ronn stated he was ooncerned about what they were putting on the streets because of the dirt and the aesthetics. He felt it was also a safety factor and because it is black, it is dangerous to drive on the streets as there are no reference points. Mr. Willis Unke, 1422 Trollhagen, stated his wife has been af ter him to stop tracking that "black stuff" in the house. He felt because of the angular shape, the black slag tracks easier into the house. He thanked Ruth Dunn for her article and also Ms. Ronn for her efforts. Ms. Lee Ann Spore, 295 Ironton Street, stated having served on the �virornnental Quality CoRmission for 10 years, perhaps she is responsible for not solving this issue sooner. She stated the City has just failed to see this problem and thanked Ms. Ronn for bringing it to their attention. She felt the black slag was a messy eyesore and other communities are finding black slag is an inferior product to sand. She stated black slag is impossible to clean out of carpets without having it professionally done and it also cuts bicycle tires. She felt it is also creating a problem in the parks, rivers, and lakes as it is collecting in these areas. She f elt sand was a superior product which is easily cleaned and blends with the enviror�unent. She stated black slag is an eysore and unnecessary and concluded they should use sand. Mrs. Carol Ulrich, 157 Hart�nan Circle, felt black slag added to the dangers of night driving. She stated in sane areas, especially on East Ri.ver Road, it is impossible to tell where you are on the street and in what lane you are driving. She felt the black slag was a real safety hazard. Mr. Grant Merritt stated Ms. Ronn is an example of a citizen spotting a problgn and bringing it to goverr�t. �� 1�. y��!�M1�, • ��M�v��.�; • ;N He stated it seems to him the City should be wary and the burden should be on the supplier of the substance to prove there is no feasible or prudent alternative. Mr. Merritt stated you have visual and aesthetic pollution with black slag and the fact is there isn't any econanic advantage to using it. He stated he w�ould like a decision this evening to eliminate the use of black slag in the City. Ms. Ronn presentec3 a petition regarding residents' concerns about the use of black slag. MOTION by Councilman Barnette to receive the petition N0. 5-1983 presented by Ms. Ronn. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilrnan Schneider felt, if the Council made a decision not to use black slag this next winter season, he would like sane feedback on whether they made a wise decision. Councilman Schneider stated he wondered what New Brighton uses on their streets, because he lives near the border, and the streets in New Brighton are more slippery than the ones in Fridley. Mr. Flora stated they could make an att.�npt to provide some feedback, but it all depends on the winter conditions. Mr. Qureshi stated the best place to obtain this information would probably be fram the residents. Councilman Schneider• asked if they could obtain accident statistics from last year and this year. Mr. Hill, Public Safety Director, stated this information could be provided, but didn't know if these f igures would be valid since every winter is different. Councilman Hamernik stated he had ca�nents in the past regarding the use of black slag and the tracking problems. He stated he went along with it because he�thought it was a better method of controlling the ice. He indicated he would favor the use of sand, if it does nearly an equal J�• Councilman Barnette stated he had f ive or six calls and all of them wanted to get rid of the black slag. Ms. Muriel Anderson, 5194 Matterhorn Drive, stated she has lived at this address for 16 years and is only two houses away fram Col�m�bia Heights and didn't notice any difference in driving in Fridley or the Heights. She stated she has talkec7 to Mr. Flora about the black slag and if the men had to clean it up, it would became a very enotional topic. M�TION by Councilman Hamernik to direct staff to discontinue the use of black slag material as a deicer for the coming winter season and to re- evaluate any results and bring back a report for further discussion on .•.1�. � ,��+�Mr,. •, �+�4yy�:_�: • ,e, June 1, 1984. Secorxled by Council.man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MO'1'ION by Council.nan Schneider to direct the administration to prepare a resolution to send to the County Board requesting they not use black slag in the City of Fridley. Secorided by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �1,�L 1� �I;: _ • � • : \ : ' �� \14V �� yr�_ �I��i:�l'} !��ly �� + M* : �� ' MOTION by Councilman Barnette to table this item to the next Council meeting. Seconded kyy Council.m-�n Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • � ��_ �/ �. : �� • � ��. )�r�l*�-� y� i �� ¢ � 71� Vz :, �� ' Mr. Qureshi, City Manager, requested this item be tabled to the next meeting for further inforniation from staff. MOTION by Councilman Schneider to table this item to the next Council meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �!�� : a�! +/ �. M.I '�� 9s� �� : �►!; . �� : y.� ��y��_: �; ' : ' C M : �+. � y,� • ► Mr3TI0N by Councilman Barnette. to receive and approve the statement of canvass for the September 13, 1983 primary election. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� ♦ 1� _ii . �j\ • 1� �_ � _�_� \. • i \ • ►�� \i �. :_� � �� \. �� i_ �M�� ' � ' �!�� 4 �� : � � �1. � �� +' * �. • � �. � �4�� • Y.� : �� 4. yl►� : �4 Mr. Qureshi, City Mar�ager, stated numerous communities have adopted this ordinance or are in the process of adopting it. Councilman Schneider had voiced some concern regarding the public's interests. Mayor Nee stated it oovers the City's concern, but not the public concern. Mr. Qureshi stated he would asstane the Public Utilities Commission would represent the public's interest. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a roll call vote, all voted aye, and Mayor Nee declared the motion carried �� 1►. „��a+y ►. � a��y�„i:_�; . 11T1d213Ii10USlj�. ';N ' � !�i►� �� . � � • � • . �tii� : _4 � �. • � � �i: � � � �, � � � � �, �I�;. M. : �9�: � . �� 9 �� : � � 4 ; ►i� : �' � �. • � �, � �4�. � ' �I►�M y �� ; �: .; 4M ; �� .�� y • M.� �: 1� � �� 44- �►� : �4 Councilman Hamernik stated he talked to several persons on the Envirortmental �ality Ca�mission and the Commission hasn't reviewed this proposed ordinance. He felt they should review the changes for their reconmendation or �nts to the Council. Mayor Nee stated he w�ould like to see, as a general rule, these come to Coimcil and then referred to the Catmission. MOTION by Councilman Aamernik to refer this proposed ordinance to the F�virornnental Quality Cannission for their review. Secorx3ed by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �� 1� �� • � • � � : _ � ►. • : � • :�� '. �. : � � �M �. ; ►�� .: �Y�+; � ��! y �� ; ��u ; !� ►�4.�� ; �� : �+' � �. • � �l. � �4�+: � �+►�M y �� +/ 7��M �� +:,• 1 ��f 9 �� M: !� ��4.�� ; � � 1 �1�� Y �+� �1 � : � �M : � �u ; �. � b,� �I; �� M.i ; �►1 ; �M MOTION by Councilman Schneider to table this item d.iscussed at the next Conference meeting. Seconded by Upon a voice vote, all voting aye, Mayor Nee declared unanimously. until after it is Councilman Barnette. the motion carried ��,V ��I�e �\ � ��li � .i_� �. � i� �� +�i,. �\��8i� �� •+ i � y!. _� �/ i \�f. 1 �� /i .� y �+4: 4� i ,'� i .�_ e \ � �� s 1i �\,� t • � �+I� �t � M,I � !�� : / � « �� MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��i\�► �� 1�: � � � �ti% � : � +. �� : � � i�� +�* � � : �� : ► �� _� � �\� y �� 5� _: � �. �� ; �� +� I�1�_ • � � ; � • �_ • y,l li� 1� � � ��'� Councilman Fitzpatrick felt if there was no urgency, this proposed ordinance could be submitted to the Co�m►ission. Mr. Jim Hill, Public Safety Director, stated he would consider this a sLmBner-time ordinance as the problen developed this sim�¢ner which predicated the preparing of this ordinace. He stated the problem of tailgating had c3eveloped where persons would actually drink in a liquor establishment parking lot, after the establishment had closed. ' Mr. Aill stated the Police Department became voncerned when they felt they didn't have any strong legal authority to renove them. He stated the City of Spri.ng Lake Park has a simi.lar ordinance, however, some of the other neighboring cities feel they have authority to regulate this problem under 13 . 14. ��.1�. �I�I�MN�. �1 ��4?,rt:,�1� . the establishments liquor license. practical interpretation, as the City parking lot. . :� �n�Ti Mr. Hill stated he favored a less licenses the building and not the MDTION by Councilman Fitzp►�trick to refer this proposed ordinance to the Planning Ga�nission for their review and conunent. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4pI1ST1�gZATTON OF FIRST RFI�DING C�F � p�pI�� urEnmrrr c�� nd n� T�,HF F'��LF.V ('TTY �DE F�TI'I`I'l� °TAXICAI�� BY F.T�TT�Y' GFX"i'TnN 5nd fl� • Mayor Nee stated, along with this ordinance change, he w�ould like to see a resolution in support of taxi cab licensing by the Metropolitan Council. Mr. Dick Bierbrauer, a local taxicab owner, stated what Mayor Nee has proposed is naa before the regulatory c�ranittee in the House. He stated he wasn't in favor of State regulation where they would build a large bureaucracy, but wanted this controlled on the local level. Mr. Bierbrauer stated the reason this c,hange was requested was due to the Minneapolis ordinance which he felt was unfair. He stated he felt the Minneapolis ordinance would be changed once there is a new Council. MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ;a � Mayor Nee called a recess at 10:00 p.m. ; �� ►/�1+1�1� Mayor Nee reconvened the meeting at 10:15 p.m. All Council members were present. �� ,` _ � �f_' . � � � _ � � f __ i.� +. � e \ � f�� + i \. : � � �_ ,. y�� . !� � �� Y,� .._ � _L C .. Mr. Irm�an, City Clerk, stated the major change in the ordinance from the time the draft was presented was in the area of estimated revenues. He stated there is an increase in the areas of the General Property Tax f rom $3,202,138 to $3,025,804; and increase in the Grant and Shared Taxes by $25,317; and an increase in the General Fund Surplus of $151,017. Mr. Irpnan further stated, in addition, there are some changes in the Civic Center fund and in the area of capital improvements. He stated the City Manager has detailed these changes in a m�mo to the Council. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� 1�. M��M1�, �� +�4aMic a�; . : yy \/ �. � � ►4� �. !!v�� v �: �+y� �, �+�yyMi: �; .��_ * ��_�� + y�i 1�'.i �� : : !I� ' � 1 �� ' �/M. : 1 : � M, .�u ��► �� M �.� �� I: �� '��, ►�� 1: : � �. Y� ��: �' ' y �,l►!�; , � . y, �4; .� 4 �, • =.: ►��! � � � � � : : _:� �.� 1!� Mr. Flora, Public Works Director, stated originally this development came into the City as a condominum proposal, however, there were delays concerning the financing which caused the applicant to apply for a zero lot line request. Mr. Flora stated the buildings were constructed so they do satisfy the intent of the zero lot line ordinance and the lot is split to give each unit an equitable split of the property. He stated the City has approved zero lot lines for double bungalaws, but this is the first request for zero lot lines for a four-unit building. Mr. Flora stated several itens were discussed at the Planning Commission meeting regarding maintenance of the buildings and grounds. He stated the Planning Commission recommended approval of the lot split with the following stipulations: (1) there be no fences in the rear yard on individual lot lines; (2) there should be cooperative lawn maintenance; and (3) there be rear yard access easements to all properties. Mr. Flora rioted the Council had received the declaration of covenants, conditions and restrictions for this property. He stated the stipulations reco�IInended by the Canmission are included. Mr. Flora stated another item which has come up is the petitioner has requested a turn-back of the highway easement to his property. He stated at the time of this request, the City didn't have the document for the turnback, hawever, it has since been received and there is an item for the Council's oonsideration later this evening to change the legal description to incorporate the property to be turr�d back to the property awner. MOTION by Councilman Fitzpatrick to approve the lot split, LS �83-05, subject to the acceptance and execution of the covenant. Further, the three stipulations of the Planning Commission be made a part of the covenant and the excess property, if it is turned back, be accepted by the petitioner. Seconded by Councilman Barnette. Councilman Hamernik questioned if perhaps they may be missing something with the way these Lmits are layed out. Mr. Flora stated the difference is when you are dealing with duplexes, a line can be reasonably drawn to serve the units. Mr. Qureshi, City Manager, felt the City's concern should be the outside maintenance and it should be fairly uniform. He stated the oovenant oovers pravisions for access and yard and building maintenance. � UPON A VOICE VI�TE TAKEN ON �IE ABWE M�TION, all wted aye, and Mayor Nee declared the motion carried unanimously. .. ��, r �ia��M��. • �+�w��i:_�+; . ��n MOTION by Councilman Barnette to receive the minutes of the Planning Commission meeting of September 14, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. + '• .1 • ► � � ' ' :. �9, � : ►. : ► � � ; a4� ►. M.� ' MMM ►. • ' � : �'_!�c ��+4� • � ' 4 :� �1 . 1 � � � 1 : 1 �.�1� : b� • � ; �� ; �' ; MM ►, ►1��i ��1� I�� ►ia1� : �1� � �� MOTION by Councilman Fitzpatrick to adopt Resolution No. 84-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. :_ � . � • �� : ' ' � �9• � : �. � 4:t � � ti: ��.��1 �/ y, •u � � �_ � �'1!_�� Y� �: � � \ : : �!_�I+i� .91� : � � : ' �� 1�_ �. � �!�1 �1� \ * �� M• ' ��l��: M MOTION by Councilman Hamernik to adopt Resolution No. 85-19ffi. Seconcled !7y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. +_�� .�_��\ \� :• 'i i ►. �� i f�� •� �� ►. �� t�'y��_i �� l�n �;� * ; �� M : !! �� :� ; � �l/� ! 4v �� ' :! �4 : ► � � , �! :�y, �.�! ).�4 7�?��.�� _ Mr. Qureshi, City Manager, stated there is a proposal to revitalize Skyw�ood Mall and to add additional shopping and office space as well as a motel. He stated there is a request for the City to authorize a$7,000,000 industrial revenue bond to finance this project. Mr. Mark Haggerty stated the existing mall would be added onto both the north and side sides. He stated they have met with neighboring property awners and staff and the structure wouldn't be any higher than two stories. He stated further information regarding this project would be available at the public hearing. Mr. Darwin DeRosier stated he is the owner of Fair Oaks in South Minneapolis and the motel would be Fair Oaks North. M�JTION by Councilman Hamernik to adopt Resolution No. 86-1983, and setting the public hearing f or October 17, 1983. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ;�`_• .� •� �! '' �'�:��1� �. : 'Y1=� �� •� �� • : 1 �� i\I� � _ �M� �i1i ��/� i1� �+ �� •�,:��•.y� ��,• �:;�«?� i ;,�. � �. .,� �. •. y, �+�; _ � . Mr. Flora, Public Works Director, stated if the Council wished to include the turned laack property, the descriptions would have to be changed to include the turned back property, the descriptions would have to be changed to include the property from the State which is no longer needed f or highway purposes. MOTION by Councilman Fitzpatrick to adapt Resolution No. 87-1983, with the amenc�ment of the description to include the property which the State has turned back and no longer needs for highway purposes. Seconded by Co�cilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. !�. 1►. y��MM�. • a1�y�,�1: �; . '�N `1 � _ `• . l� •+ +� : : " :_ �y*.� i ��. • �� : ►�� • _ �: _ �/ � )�ly� e �. • ► . �l�_ \, ��i �4_71��_ � yrl_ 7l/�\ ��i �►+�_ � � .': iJIV ai\1 • \+ y� �I�iC { 1��1. _ �. �� . � .�M _y 21. 22. 23 . MOTION by Councilman Hamernik to adopt Resolution No. 88-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 �~ ��. �7S'J�i 1� �� 1�� \ +i f i. +` '�\ ��.�� i ��. f �� e � 'r� +! \. *- �� f f� f y�� __z_ f �\1� +� � �M�'��i �� i MOTION by Counci]man Hamernik to receive the letter from George M. Hansen Canpany and appoint th�n as auditor for the year ending Dec�mber 31, 1 983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� _ MOTION by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. « _, r� MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 253507 through 265F22. Seconded by Counci].man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �ji 1� ' 4 MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Hardrives, Inc. Maple Grove Executive Center 7200 Heml.ock Lane North Maple Grove, 1�A] 55369 Street Project St. 1983-1 Street Project St. 1983-2 Estimate #5 Monette Construction Catq�any, Inc. 2050 White Bear Avenue St. Paul, MN 55109 Estimate #6 Center City Plaza Project Noble Nursery 8059 Central Avenue N.E. Blaine, 1�1 55434 $21,744.54 $24,406.80 FINAL ESTIMATE #5 Plaza Landscape Project $46,151.34 $46,755.21 $ 2,179.20 25. �� 1�, v��l �. �� ►;IM�yt: �; . �!! ��I 1►1 ; �1 �;, .0 �Y�C 4 � �C 1� . Q +i� �� ; �• 1� �I• r• _ ?� y �► .: M • � �i : �� , u �. . � 4. : l�t; J �� 1:�+� � : /��t 1 MDTION by Counci]man Schneider to receive the communication from Diane Ferry, President of the Sister Ci.ties of Fridley. Seconded by Councilman Hamernik. Upon a voice vote, all voti�g aye, Mayor Nee declared the motion carried unanimously. 4�� *�1 � ��!t' ��JM �)� II�II :_: M� ��11 yr� i_� y �+ y�� 4 Mr. Fehn, 1251 Hillwind Road, appeared before the Council regarding a proposal he is considering to develop eight townhouses adjacent to his propezty. Mr. Fehn stated, in order to make this feasible, it would be necessary for him to have the property, which the State originally took for highway purposes and has since turned back to the City, turned back to him. Mr. Qureshi, City Manager, stated staff's approach is they would like to put as much of this property back on the tax rolls and, at the same time, protect the easements. He felt properties which have been turned back by the State and are not buildable in thenselves, s�hould be turned over to the property awner as long as a survey and legal description is provided by the awner and any easeqnents needed by the City are obtained. Mr. Fehn stated, if Council was in agreement with his concept, he would put together a legal survey as well as request a change in the zoning f rom R-2 to R-3. Mr. Qureshi stated Mr. Fehn oould build double bungalows with the present zoning. He felt what has to be c3etermined is haw much property he has and how the drainage would work into such a development. Mr. Fehn stated he would begin work to come up with a proposal to be submitted to the Council. i ! •. r �,��r�� MOTION by Councilman Schneider to adjourn the meeting. Seconded by Council.man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of Sept�nber 26, 1983 adjourned at 11:05 p.m. Respectfully sukxnitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor ��+ �� OF TAE RDGULAR MEEZ'IlVG OF_ T_f�_ FRIDLEY CITY �[JNCIL� QF OC'IOBII2 3. 1983 7Y�e Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PI�IDGE OF AI�LDGIANCE • Mayor Nee led the Council and audience in the Pleage of Allegiance to the Flag. PRnQ,AMATION• - 1. NATTON� BLIS�SS WONIE�S WEF� - OC'lOBER 16-22, 19$3: Mayor Nee read a proclamation he issued which proclaimed the week of October 16 through 22 as National Business Womens Week and the Fridley Business and Professional Wanen's C1ub honored Kay Booner Nee as Fridley's Business Wanan of the Year. Mrs. Nee thanked the Fridley Business and Professional Women's Group for bestowing this honor on her. She stated it makes her feel very humble and happy and, with his honor they honor not only her, but every woman in the business and professional field in the City of Fridl.ey. �9PTION OF AG� Mayor Nee stated Councilman Schneider requested an item be added regarding the Cable Television Co�npany's resp�nsibilities to the citizens of Fridley. He stated this item would be considered after Item 11. MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. QPIIV FORUM. VISI'IDRS• A lady in the audience thanked the Council for their actions taken to � prevent the Waste Management Board from locating a waste processing facility in Fridley. She also thanked Mayor Nee for his article in Saturday's Minneapolis Star and Tribune regarding the Waste Management Board's decision. Mayor Nee stated, based on the original notification f rom the Waste Nlanagement Board, action was taken by the City and the timetable met in order to keep open the City's options. Mr. Qureshi, City Manager, stated the petition has been f iled and this is only one step in the total legal process. He stated this leaves the door open for any further legal action the City may wish to take. Mayor Nee stated a letter was received from the Chairman of the Waste Management Board which indicated they hadn't made a final c3ecision as yet. C�CTI+ICIL MEE!'ING OF OCIDSER 3,�,1983 �� Mayor Nee stated, in the original notice he received, they had indicated that final action had been taken. He stated, in any event, they will try to get infor�mation out to persons who aze interested. Mr. Qureshi stated the persons who appeared at the public hearing held at the high school will be receiving information. A Fridley Boy Scout Troop and their leader were present to see local goverrunent in action. Mayor Nee welcomed them to the meeting and stated he was happy to have then here this evening. PUBLIC �'�R�G• i. ATRT T[' �ARTIS ON A��SES��MF'•11fl' FbR WA'T'F''•R' AN� SEWEB MArI1S, LAmFRAr S. 1�1ID SERVICE aDNNECrIONS• MOTION by CounciLnan Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:50 p.m. Mr. Inman, City Clerk, stated the assessment roll before the Council is for � 1983 service connections. He stated the assessrient is figured in two ways, either using today's average lateral charges, or using charges that were Ievied in the general area at the time the lines in question were installed, plus accrued interest to the present time. Zt�e rate used on the affected properties is the lawer of the above two formulas. He stated all assessments are by prior agreement of the property awners. No persons i.n the audience spoke regard.ing these assessments. MOTION by Council.man Fitzp�trick to close the public hearing. Seconded by - Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. PLn3LIC HE�RTI+x: ON ASSF�SMENT FOR TRF�A�9EI�Tr AI�ID RIIKdVAL OF TREES (1983) : MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconc3ed by Councilm3n Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:51 p.m. Mr. Inman, City Clerk, stated the assessments are for the removal of diseased trees in 1982. Ae stated the assessment will run for f ive years with 9-3/4 per cent interest per annum. Mr. Irnn�an stated all affected property owners were notified of the hearing this evening. No persons in the audience spoke regarding this assessment. MOTIOiN by Councilman Barnette'to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried %nanimously and the public hearing closed at 7:52 p.m. [!� 1�. � ,�1�!�+��. • � �i��:= �: 'I:�C� ��-i� �j :?i�� i �`�# .0 �11�t • �;_. Y�►i� �, ti► c ; ��i��. /i � =,`M- �i� ��.«�� b��.. s�: 1 • • ��..�i�! �.�; .11 1� ��?�� /�►l _ � i: �� • • : Mr. Flora, Public Works Director, stated staff did a s�amiary of various gas station signs in the City. In sumQnary, he stated 14 gas stations installed i-heir signs before the existing ordinance was adopted and five signs are wer the footage the sign ordinance allaws. Mr. Flora stated staff feels, if the Council wishes, the portion of the Sign Ordinance pertaining to service station signs can be rewritten to rectify the problam with the interpretation on whether the pricing sign should be included in the total square footage. He statec] staff would recommend a sign of 100 square feet maximum which would include all signing. Mr. Flora stated this variance request is for a total sign of 183 square feet and the present oode allaws 80 square feet. �e petitioner or his representative was not present at the meeting. Councilman Hamernik stated the ordinance has to be clarif ied, however, he has a problesn on what to do with this request since the petitioner has gone through the process and was given one interpretation and naw it is back for the Council's discretion. He stated he has no big problem with staff's suggestion for a maximt,un pylon sign of 100 square feet. MOTION by Councilman Hamernik to table this item to the next regular meeting and have staff contact the petitioner to notify him what the Council is considering as a possible amenc�nent to the Sign Ordinance for the maximuom size of the sign to be 100 square feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. It was the general concensus of the Council they would be in favor of staff's sugestion regarding a 100 foot maximum square foot sign for service stations. Mr. Flora stated he would incorporate this into an amendment to the ordinance and process it through the Cosrmission. • � ►�_ ►.M ►. : . . � � �_ �, y,� - a� � �� C y.� : �_: � ' 'i� � --- M�TIO�N by Counci].man Barnette to waive the second reading of Ordinance No. 7 86 and adopt it on the second reading and order publication. Seconded by Councilm-�n Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . � �� :�.M �.� �� 4�. �l�. «.��f�; • 1 • �►� ?�� : ��:�.«� : �� : _' .� 1�. • � «. � �4�. � � � • b.. �� f� ��`� _ �� 4- �� 4 Mr. Qureshi, City Manager, stated this franchise ordinance has been UOI�ICIL. N�►'� OF OG`lOBER 3. 1983 _ _ , __ , , ., ; �'14GE. 4 reviewed by a canmittee and acted upon by n�rous cities. Ae stated the p�ssibil'sty-of -t-h"e Sta�e relinquishirig any-powers �to-��Fie �i"�p � is very renote. _ _ __ --- -- Mayor Nee stated, if the State would "deregulate", would the City want to became involved. O�unci].man H�nernik statec� he didn't believe the State would relinquish ___ .__ . _ . _ ---_ _ _.. _ ---. __ ___ _ � ._ _. that�authority.` � Mr. Newman, representing the City Attorney's Office, stated if the State should relinquish their oontral, he felt it would be their intent to let the market place deternune the priae and doubted the State would let the local goverrunents regulate the pricing. MDTION by Counci].maxi Ha�iiernik to waive tfie second-r`eading �of drdinance No. 787 and -adopt it on �the secoricl readirig arid "order �pii5lication. -" Second'ed by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. . •�� .« �� :: J�u?�� •� / • y.� M.��4�: +� /� : M MOTION by Councilman Hamernik to waive the second reading of�Ordinance No. 788 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � M +� +. : 1�� • \ ��. �� l*� � 4� i �+� � � i � �i� }i :_ �!� b't'lt•a'7+7 Mr. Flora, Public Works Director, stated the original bid was rewritten and staff felt at least a minim�un af two vendors should be able to bid on this item, hawever, only one bid was received. Mr. Flora stated, if the City goes out again for bids, the equipment wouldn't arrive in time for the winter season because of the time involved in advertising and awarding th� cantract. He felt, therefore, it may be appropriate at this time to repair the existing grader and car�ry over the capital funds for advertising of a new loac3er next year. Mr. Flora stated the Council could either reject the bid they received or if they wish, award the contract to the bidder. Councilman Hamernik asked Mr. Flora if he felt they would receive a cort�etitive bid next year, as wmpared with what has now been received. Mr. Flora stated he felt the price may be more next year. He felt all options were avai2able in the last bid, which was advertised, for those interested in making a sale. Mr. Qureshi, City Manager, stated the City woulc] r�ot go out for bids a year from naw. He stated they hoped to get the process started, however, it still woulc�'t be in time to receive the equipment for this coming winter season. � 9. 10• �� )�. _ vl��l 1+, • � �� : �1; ' � Councilman Aamernik asked if the City could recover any of the costs incurred, if the present equipment was repaired. Mr. Flora stated they probably would not be able to recoup any of these expenses as the best purchase price they could get was $6,000 and $9,000 in a trade-in. M�'I'ION by Councilman Fitzpatrick to award the bid to Ziegler Ga�any for a four-wheel tractor loac3er. Seconc3ed by Councilman Barnette. Councilman Hamernik statec3 he felt some of the wording in the specifications made the bids rather restrictive. He felt. if they made the specifications more general, they should go out for another bid. Councilman Schneider stated he would agree with Councilman Hamernik. He felt even a five percent lawer bid would pay back the extra cost to repair the resent equipnent. UFON A Ii�LL CALL VC1TE TAKEN ON THE ABOVE MDTION, Councilman Fitzpatrick and Councilman Barnette voted in favor af the motion. Mayor Nee abstained from voting. Councilman Schneider and Councilman Hamernik voted against the motion. Mayor Nee declared the motion failed. MOTION by Councilman Schneider to readvertise for bids for a four-wheel tractor loader. Seconded by Councilnan Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. M�'i'ION by Councilman Schneider to authorize staff to repair the existing loader at an estimated cost of $3,000 to keep it in service this winter. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��.� ��?+� � _ �,� • _ : ► ; ' �� ►t��+►� �� +.i_ a��►a�;e� i!,�i . • � _�: ?��__' ' � '.�c MOTION by Councilman Hamernik to table this item to the next regular meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. �!?:. = ��'-. �� 1��I�' •�► � ��.�_� �� : 4�� __� .'�I�� : �I� �� • �. � i « i ' � � � � .i ��,� � �I� i+ �� y� � � �I+ Mr. Flora, Public Works Director, stated a request has been received f rom Onan Corporation to install six temporary trailers in a conf iguration of three together in two separate groups. He stated they are making internal changes within the �a�any and need temporary office space for a period of three years. Mr. Nelson, Director of Corporate Facilities, appeared before the Council to explain Onan's reason for this request. Mr. Nelson stated the trailers would be specially built to match the exterior of Onan's building. He stated there would be two groups of three trailers and it really becomes a modular building. �� _ ��M�\. • � ��):,�1� ' 2 C1 . Mr. Qureshi, City Manager, stated Onan is one oi the good corporate citizens of the canmunity, but generally it isn't the policy to encourage temporary use of trailers as office space, especially for as long as three years. Mr. Nelson stated the reason for the thre� year period is they have long- range plans for a lab and this ooulc�'t be done in less than three years. Mr. Nelson stated they would work with staff and the Fire Department to make sure all the oodes are met. Councilman Schneider asked if they had a timetable for the new lab. Mr. Nelson stated it probably woW.d be in 1986. Mr. Nelson stated he has worked internally regarding the dedication of the bikeway/walkway easement and it has been approved by the oanpany anci signed deed should be forthcoming sametime in Novenber. MOTION by Councilman Schneider to approve the trailer application for Onan for a period of three years for erection of tc�nporary office quarters, with the provision that Onan work with staff to work out the construction details. Seconded by Councilman Barnette. Upon a voice vote, aIl voting aye, Mayor Nee declared the motion carried unanimously. : �«_ ��. �= . �I�+ ��.- �.� !��t �.� ,� �; l+� yi ��4��: �t: �•'�[l:�C� MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Commission Meeting o£ September 15, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _ ��L M4 • � � 4� ?l� � ► !i ��_�' Councilman Schneider stated he served on the franchise renegotiating co�nittee Iast s�mer and, at that time, the Cable Commission and Cable Campany, as well as Council members, spent a f air amount of time putting language into the new franchise to insure a oertain level of responsibility of the company tawards the citizens of Fridley. Councilman Schneider stated, so far, he hasn't seen this met. He stated the franchise requirecl that services be available in the home of the subscribers, upon request, �after 5:00 p.m. He stated, less than a month ago, his cable service went out and it took several phone calls to have this probleqn corrected. Counciln�an Schneider further stated that some of the cable has been left on the streets.or right-of-�ways creating both an aesthetic and safety probl�n. Ae stated the Cable Commission is suppose to be notified prior to realigrIInent of the channels, however, it was cbne this weekend and the City wasn't notified until after it was oompleted. Councilman Schneic]er stated he would like to request that representatives of the Cable Camp�any came before the Council at the next regular meeting, and invite the Cable Caimission to be present, to discuss whether they can obtain sane co�mitment on the c�ompany's part to honor the agreement. �� )+. � �17i��. �� i�.�� ' � � Councilman Barnette stated he had a n�anber of calls last week regarding the recabling project, as a substantial amount of old cable was left throughout the City. He stated he had several calls from different persons and agencies on the potential danger of this situation. Councilman Barnette stated he couldn't get much information or response from the Cable Campany. He stated what he was told was the company hired outside people to cb the recabling anc3 they had very little control over them. - MOTION by Councilman Schneider to direct the ac�ninistration to place on �he agenda an item regarding discussion with representatives of the cable company and invite the Cable Commission to be present. Seconded by Council.man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _ :� .1� �.� � � • • • : �I�:� � �- -_ . �� C y�: : ?+t_��4• �� : ' : ' �� 4. ��.1►�� • ��,� ��; �• �4 •► MrJTION by Councilman Fitzpatrick to adopt Resolution No. 89-19ffi. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _~� . �i+ � � • 1 • S t�i►� �� ,. : . .'�1t_�+� �� ' � ��* 4�* : �� l�l�� r :- �'� � 4�C: � �I� �IC�� M �� 1�1?14 � � MOTION by Councilman Schneider to aclopt Resolution No. 90-1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � . �i\ \ � . • � �� +� ��1! \. : .~��►+ �� ► y��_ 4� _ i�M �\� e \�� 1l.��/: � 4� _ � � MOTION by Councilman Barnette to adopt Resolution No. 91-1983. Seconcled by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _ � . G� � � . . � «�; � N�. «��. M� � � �� :1��d �l� 4?+; � �u a�l�+� �: � L � �i� y. !� 1��_ � 1� �� C �� !� -a� �.� .� 9. 4.� ' � ' -�. - MDTION by Councilman Fitzpatrick to adopt Resolution No. 92-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . ' `• �' • • • • �1?�' «..�y �� 4.� �� J�l4 �_ J� �� + �� . _ .1�_ ,� �. • .� � �. 3� �+� z i. �� _� � .��•_�' �; �. �� ; �� a4 �.� .� , . - -_ * �` �= � .• ►!__?��• MpTION by Counci].man Schneider to adopt Resolution No. 93-1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. 18. 19. �� )t. � ��M�►. � �.�i��,�_ �C ; N : `.• . � �:� �! . , . • �M ��. : � � �:�1y • ► �� : u �_ • : ; �i� �� 1�. �w �yi: �; : � ��. . MOTION by Councilman Schneider to adopt ResoZution No. 94-1983. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _�� . � � \ + � • • . � h\�: - �+. y� �\. . � i_« i. +�� i � y� �►+�. i. � �.4 � \ 11� �� C y*i_ ��j/}til: �I� : ' : �i\I�I�; �I ?�jIM • \ MOTION by Councilman Barnette to adopt Resolution No. 95-1983. Seconded by Council.man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. � _~� , l� � \ � � ' • � � �1�� i ►. y�� i� i /� �\+� �� l�4. _ . �i\I�i�ti • M�I � • �: �� ?� � � �� : y � : � �. = : �, __ �� : �� ►�4�: � �. MOTION by Counci].aan Schneider to adopt Resolution No. 96-1983. by Councilman Hamernik. Upon a voice vote, all voting aye, declared the motion__carriecl:unanimously, ___ _ __ SECO11C38C� Mayor Nee 1 ;�� .p •► �� " �"��M�. ; 7��,�_ �� !� M � ,� • �� : �� y,. .!�'7�4�► • • 'v� . i� : ��1 1 �i► � �� :. � M� M� � �,� M, a • � ♦ Mr. Flora, Public Works Director, stated the Council has a new resolution before them, as the original resolution indicated the westerly 29.58 feet of Lot 13. Mr. Flora stated, since this was not a straight rectangle, the wording from the..surveyor was_changed froM the westerly. 29.58 feet to approximately 30 feet. MOTION by Council.nan Barnette to adopt Resolution No. 97-1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' «�1�� s. M�TION by Counci].man Fitzpatrick to apprave the license as submitted and as on file in the License C1erk's Office. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. � MDTION by Councilman Schneider to authorize pay�nent of Claims Na. 273415 through 273W28. Seconded by Council.m��n Ha�nernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �.� ly • 4�. MDTION by Councilman Fitzpatrick to apprave the estimates as submitted. �� 1�, � tiI��M1�. • ��;:.�; Hardrives, Inc. Maple Grove Executive Center 7200 Hanlock Lane North Maple Grave, IMIN 55369 Street Project St. 1983-1 Street Project St, 1983-2 Fstimate #5 Monette Construction Canpany, Inc. 2050 White Bear Avenue St. Paul, NQV 55109 Estimate �6 Center City Plaza Project Noble Nursery 8059 Central Avenue N.E. Blaine, MN 55434 $21,744.54 $24,406.80 FIlVAI, FSTIMATE #5 Plaza Landscape Project �� $46,151.34 $46,755.21 $ 2,179.20 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. :! � 1:��+�� MOTION by Councilman Barnette to adjourn the meetinq. Seconded by Councilman Schneider. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 3, 1983 adjourned at 8:50 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor EXAIHIT A ' ' 1 NOTICE OF PUSLIC AEARING ON A PROPOSED PROJECT AND TAE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS OR NOTES UNDER TAE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MIN!�'ESOTA STATUTES, CAAPTER 474, AS AirSENDED. CITY OF FRIDLEY, MINNESOTA NOTICE IS REREBY GIVEN that the governing body of the City of Fridley, Minnesota (the "City"1, will meet on October 17, 1983, at 7:30 o'clock p.m., at City Aall, 6431 University Avenue, N.E., Fridley, Minnesota, for the purpose of conducting a public hearing on a proposal that the City • issue its revenue bonds or notes under the Municipal In- dustrial Development Act, Minnesota Statutes, Chapter 474, as amended, to undertake and inance a p�ro— j t on behalf of Skywood Mall, a Minnesota partnership (the "Company'). The proposed Project Will consist of the renovation an8 �on- struction of a mall, office building and hotel and related facilities and the acquisition of equipment to be installed therein, on lana located at 5263 Central Avenue N.E., in the ' City of Fridley, to be owned and operated by the Company. The estimated total �mount of the obligations to be issued is 57,000,000. The bonds or notes shall be limited obli- gations of the City, and the bonds or notes and the interest thereon shall be payable solely from the revenues pledged to the payment thereof, except that such bonds or notes may be secured by a security agreement and other encumbrance on the Project. No holder of any such bonds or notes shall ever have the right to compel any exercise of the taxing power of the City to pay the bonds or notes or the interest thereon � nor to enforce payment against any procerty of the City except the Project should the City ever acquire title to it. A draft copy of the proposed acplication to the Minne- sota Energy and Economic Development Authority for approval of the Project, together with all attachments and exhibits thereto, is available for public inspection at the offices of the City Hall, 6431 IIniversity Avenue N.E., Fridley, Minnesota, weekdays, between the hours of 8:00 a.m. and 5:00 p.m. All persons interested may appear an8 be heard at the time and place set forth above or may submit their views in writing addressed to the City Clerk-Treasurer of the City of Fridley at the place set forth above, prior to the �ate of said hearing. Sidney C. Inman City Clerk 2 _ From tae 8est d `' l�ASIY QVRESi� crn• ti��cER�s o�cE . � ATE: �ctober 4. 1983 UB�)ECT: NON-COMPLIANCE OF NEW FRANCISE AGREEME BY STORER tABLE COMPANY hn Flora, MEMORANDUM JF-217 �I�7 The City Council discussed numerous problems that are being experienced by the users and acts of non-compliance by Storer Cable Commun�cations with the new franchise agreement. �cT,Or; I 1hF (1) Councilman Schneider raised a question that during negotiations special issue was made that they have evening hour service available by the company. He had a �ecent experience where this is not true. (2) During the transfer of cable lines. old cable lines were left on the streets and other easements creating a potentially hazardous and aesthetic problem. (3) They have �ealigned all their channels over the weekend and the City did not receive prior notice of this planned change. (4) There are still a number of areas that are receiving poor reception on some of the cAaanels. The City Council felt it is time that we should have a discussion with the representatives of the company regarding these p�oblems and seek an explanation and quick corrective action, so they are requesting that we seek the presence of the company's �epresentatives along with the members of the Fridley Cable Commission at the Council Meeting of October 17, 1983 fo� this discussion. Thank you for your assistance. NMQ/ms CC: Clyde Moravetz � Bill Hunt Octobez 5, 1983 Clyde Moravetz is oc>ntacting the Cable Can:aission and Storer zepresentatives to zequest their presence at the October 17, 1983 Council mee ting at 7:30 p.m. The Oammission is meeting on Thuzsday, Octobez 13th, at the Stozez Studio to tour the faci�ities. It may be appropriate for the Council members !ro attend this meeting, prior to the Council meetinq. J GF/mh CC: Clyde !�loravetz t�+• c�T� or' FRt L Y ATE R O t� D.P. CT plAEGTORATE OF PUBLIC WORKS October 5, 1983 Western Service Station Sign Varia 0 �. - • . .�. F- — • • <t►�� - ,.�:aE.� Nasim Qureshi TO 3 MEMORANDUM � ACTION� INFO• I contacted Mr. Ken Ingram, the petitioner for a pylon sign variance at the Western Service Station at 7600 University Avenue N.E. on Tuesday, October 4, 1983. I inforr�ed him that the Council did not take any action on his variance request because he was not present at the meeting of October 3, 1983. I also notified him that the Council will look favorably on 100 sq. ft. total sign coverage, but will not upon his request for 183 sq. ft. I suggested he reconsider his request and sign positioning and possibly re-configure his requirements into 100 square feet. He responded that he did not want to do that. I was requested to inform the Council that his request remains as originally submitted and the Council should make its decision at the next meeting regardless of his presence. JGF/de 3a City of Fzidley 7�PPEALS Odt49IS5ION MEETING - TU£SDAY, AUGUST J 6, 19B3 PAGE 1 CALL T� ORDER: Chairpers's� Gabel called the Appeals Coa�ission meeting of August l6, 1983,"Lo order at �� p.m. � ROLL CAI.L ; Members Present: Othezs Present: APPROVE APPEALS Patricia Gabel, Alex Sarna, 3im iemel, Jean Gerou, Donald Betzold Da ell Clark, City of Fridley Kenn Ingzam, P.O.,Box )242, Minneapolis Nozman . Johnson,.�ll Dover Street Richard Polk� �r., 2670 Wilhite Dr., Lexington, KY Mr• � Mrs. �fis E. Miskowic, 6180 Briardale Couzt N.E. Leslie W, ialil , 6061 Central Avenue N.E. James Reiland, ' 68 Woody Lane Bernazd K. Heille,�1416 Meadowmoor Drive N.E. � .\ iSSI MINUTES OF JULY 19, 1983: � There veze some m.i corrections on page 2, to add "a \c-ontractor" in the second to last paragrap and on page 3, fourth paragraph, to ad� the w�rd "see." MOTION by . Barna, secanded by Mr. Flemel, to approve th�nutes as amended. U1'Otv A W VOT'E, AI1, VOTIIJG AYE, CHAIRpggSON GABEL DECLARED '14�E MOTION CARRIED UNAt3 LY. y . Tabled) �UEST FOR VARIANCE PURSUMT '"0 CHAP7ER 214.045 OF THE FRIDLEY CI7Y CODE, TO INCRf.11SE THE HAXIMUM SI2E FOR FREE STatiDING SIC!VS FROM 80 SQ. FT. TO 183 SQ. FT. TO ALLO�,' THE COhSTRUCTIO`: OF A FREE STAh'DING SIC!� ON LOT 1� BLOCk 1. COMSERCE PARK ADDITION, TF1E SA."� BEING 7600 IJT�IVERSl7'Y AVENUE N.E. (Request by Kenneth Ingram. P.O. i:ox 1242, Mpls.� tYQd 55440) MOTION by Mrs. Gerou, seconded by Mr. Bazna, to remove Agenda Ztem No. 1 fzom the table. UPOt�7 A VOICE VOTE, ALI, VOTING AYE, CHAIRPERSON GABEL DECLARED T� MOTION CARRIED UNANZMOUSLY. Mr. Clark explained that the last time this item was on the agenda, the Petitionez was. unable to attend and a representative from the sign company attended who was not totally familiar with the details of the signs. Mr. Clark emphasized the stipulation from the Staff Report that Petitioner wrk vith staff on additional landscaping aznund pezimeter of the property. M�• Ingram, representinq the i�estern Station (Kayo Oil/Conoco), was pzesent and stated that headquarters appzoved the additicnal landscapinq which w�uld run around 55,000. � . . . w 1 r _ � _ —T�...�ii..i3._.' 1 3'ts.1k'° .- — ��Y�`.v.�:i.aw�r3��riY►� .�.ta 3B �peals Commission Meetinq - 1►uqust 16, 1983 _ Page 2 Se further stated that the campany feels the need for an identif:ication and pricing siqns for east and �+est tzaffic an8 would like a new siqn of 108 sq. ft., Western name on top and tvo pzicing panels (plastic-inner-lit) and their present sign is 75. aq. it. He said they rrould like to move the present siqn to Osborne Road, which rrould be back within the limits ar�d put the new sign on the NE cy�rner of the property, which vould probably zequize the taking out of the telephone boo�th and placing it somewheze else on the pzoperty. 11s. Gabe� said the Com�ission has sevezal ooncerns and they feel the present sign is vezy visible and they have zecently turned down other gas statio»s that have asked for additional siqns. She stated the station situated across frr�m Western has a 60 sq. ft. siqn and they �u1d most probably ask for a variance :Eor a larger sign if this one is granted. She also stated the Coom�ission was not �cleaz on the hardship. Mr. Zngraa► said the marketing departaent of the company feels th�ere is a lot of tzaffic on Osborne th at does not get vis9bility from the pricing siqn. l4s. Gabel stated the Wall sign is quite visible and asked if they investig�ated any alternatives. Mr. Inqram said this is the way the vompany wants to go througho�ut their netionwide operatinq area. Ms. Gabel asked about designing a different type of siqn, and if they have seen the Champlin station sign and if the price signs �dre an integral part of the desiqn they oould be any size they want them to be. Mr. i�lark said the Champlin sign is a fouz-sided sign, each face about 20-25 sq. ft and the �price signs belaw are the same• There was some discussion on the sign oode and Mr. Cl�ark obtained oopies for the Co�►ission a+embers. Ms. Gabel said the siqn code (214-9) zead one gas price siqn in �addition to one permitted as an integral part of the identification sign. Mr. B,arna felt it meant Lwo gas price signs; one part of the main sign and an additional one. Mr. Clark said it could have an 80 sq. ft. ID sign and attach gas pzice si�gns along as part of the identification siqn. Mr. Ingram said their present sign is 75 sq. ft. total (identification and price signs). Mr. Clark stated that the reoent zequest that was denied foz a qas station v�►as that their sign was a completel;y separate adver- tising sign. Ms. C,abel said if the top of the i�iestern is only 22.8 sq. ft., qranting a 5 ft. variance should be enouqh based on their interpretation �f the sign code. Mr� Clark said the City Council ar�d the City Attorney's office will have to make their own interpretation. l�is. Gabel noted that the Champlin station sign was up vhen the code was wrzitten. Mr. Ynqram said the shape of the siqn will stay the sa:ne ar►d the face will change as they Will change them throuqhout the Metzo azea. Mr. Barna asked if they are allowed two pylons per lot and Mr. Clark said yes, totalinq 80 sq. ft. Ms• Gabel stated t2�at the Co�ission's interpretation of the siqn code is that it does not apply itself to t2ie pricing siqn. l�OTlpt�t by Mr. Barna, seconded by Mr. Betzold, to close the public hearinq. UPON A VpICE VpTE, ALL VOTING AYE, C1iAZRPERSON GABEL DECLARED THE PUHLIC i�ARING CIASID �►T e:ia p.x. Ms. Gabel noted that the price sign issue u�► the sign code should be addressed by the Planning Commission and the City Council. 3C Appeals Coaanission Neetinq - August 16, 1983 Page MOTION by Mr. Betzold, seconded by Mr. Barna, that the Appeals CaaQnission recomnend to the City Cour�cil, approval of a 5 ft. variance to increase the maximum size for a fzee standinq signs to 85 sq. ft. to allow the construction of a free standing siqn on Lot 1, Hlock l, ConQnerce Park Addition, the same being 7600 University Avenue N.E.. Fridley, Minnesota, and that approval of this variance is based upon the Commission's interpretation of the City Sign Code, Section 214.02, Definitions, Paragraph 32 "Sign Area" as well as Section 214.045, Paragraph 6"Gas Stations" which they interpret as the pricing siqns are not included as part of the ovezall ma:ximwn sign area; ar�d upon the stipulation that Petitionez work with City Staff o;n additional land- scaping around the perimeter of the pzoperty. UPON A VOICE VDT,E, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. (This Item goes to Planning on 8/24/83 and to the Council on 9/12/83). 1. REQUEST FOR VARIANCE PURSUANT TO CHAPTER 205 OF THE FR[DLEY CITY CO�; TO REDUCE THE SIDE YARD SETBACK FROM 5' 'TO 3' T� ALLOh' A:SINGLE CAR �4RAGE TO BE A DOUBLE CAR GARAGE, LOCATED ON LOTS 5, 6 AND 7, BL(�CK K, R�ERVIEW IGHTS, THE SAME BEING 515 DOVER STREET N.E. (Reques�t by zman L. son, 515 Dover St. N.E., Fridley, MQ] 55432). � MOTION by Mrs. Gezou, seconded by Mr. Barna, to open the publi 'hearing. UPON A VOICE VOTE, ALL WTING AYE, CHAIRPERSON GABEL DECLAR£D THE P LTC }�ARING OPEN AT 8:15 P.M. Chairperson Gabel z ad the Staff Repozt: �DMIlI3TRA?IPE S2AFF-'$EPORT 515 Do�er Street'N.E. •. POBLIC PORPOSE SERYED B REQOIR� . Sectioa 205.OT3. ;B� (2)� quifr � a aide rard ad�oining aci attached garage to De not lesa thaa 5 teet qe Public purpoae aerved �'th repuirement is to provide apace between individual atructures t reduce onflagration of fire� to Frrovide acce�s to the rear yard for emer encie� an Lo limit the condition i�f crowding in a residential neighDor ood. B. ST�?ED SARDSHIP: 'I Aeed a two car garage for eore atorag Present garage is only 16 feet vide and se back 9 feet from aide propert �line." C. lDMIIiISjf�ATIYE S?LFF ItEYIBY: ?he �isting aingle car garage (16'z22') la 9 1 feet frc�m the east aide pro erty line. Tbe property to the east of the a plicant'a bas an existing a le family house xith ar� attached douDle garage ` The double garage is 7 eet t'rom the line. Reducing the aiCe qard setback froao 5' to 3' vould atill eaintain a distance of 10 feet Detween structur (see aurvey map). If the Board soves to approve this request, we recommend hat the atatus of vindovs on Lhe east wall be discussed. The overhang ahou��l be constructed to ensure all roof vater falls oa the applicant's property. 3D �ppeals Conmission Meeting - June 28. 1963 __ Pa9e 7 �. RE�UEST FOR VARIANCE ?tIRSUAKT TO CHAPTER 214.045 OF THE �RIDLEY CITY CODE. ZO INCRF�►SE THE MAXINUH SIZE FOR FREE STANDING SIGrS FRO'!f 80 SQ• Ff. TO l83 SQ. FT� ?0 ALLO�' THE CONSTRUCTTON OF A FREE STM'DING� SICh Oh LOT l. �LOCK 1. CO!L`�RCi PARK ADDITION, THE SA.� SEIhC 7600 UNIV'ERSITY AVE�UE N.E. (Request by Kenneth Ingram. P.O. Sox 1242, Mpls.. !�l SS�i60) l�TION by Mrs. 6erou. stconded by Mr. Barna, to open the public h�earing. UPON A YOICE YOTE, ALL VOTING AYE. CHAIRPERSON 6ABEL DECLARED THE PUBLIC HEARING OPEN AT 9:05 P.M. Chairperson 6abe1 read the Staff Report: �n�+nisr�uTr� starr tsroXt 7600 Oai��rsit� ��au� ■.S. �. !'lTSLIC lORPOSE SLlt'� DT iEQ0It�1R: S�ctioo 21�.0�6� t2i D• ��Q�ir�• a•azi�us •iss of 60 �py�►r• t�et !or • lr�e •taadioa ai�. tublic purpose �er�ed ►� teis rpuir��eat i• to �ootrol •Si►ual Pollution aaQ •ice�si�e use ot ai�� ia ooa�ercial ar�as. D. 3?�T� R�1tDSSIr: 'lieed identificatioa oa OsDorne �osQ and tDis la tDe •tana�rd •ize �itn tor tbe compaa�r•• C. �DMI7ISTfUTI7E S?�lT �L1ZtY: On SeptemDer 11� 19Td. the Cit� iasuea Si� r�reit 1407 to l�estern 011 to trect s TS ��re toot (aDpro=S�atel� 6• s 12.5') fr�e •tana:[os ai6n. TEis va� a per�itted •i�n and oo •ariance vas aee0e0. ia allowed Oy (vhich ia aot ��Quare footase Owner aov reQue�ts an •aditioaal tbe Sigrs OrCin�cct) �rbicE is in alloved Dr tEe S16n Ordioaoct). vould total 183 sQuare l�tt. tr�e •tandin6 •icess ct e0 It apDro�ed. si�n {vtsich •puar• teet tDe tot�l Our rccora� ahov tD�t t6e aertioe �tation across frcm tDi� a�ervice atation pa� • 60 sQw re foot tree standiaa �i�. 3tJf eu ao �tipulations it tbe !losrd approves tDis rcQuest. l�ir. 6ifford, tawrence Sign Lompany, �►as prtsent for t1�ts matter. M�. Clark satd the Staff did come up Mith one stipulation in that they would like to wo�k with the petttioner to have �oore landscaping done. Mr. 6ifford said Ae Mas called on short notite to attend the hearing as Mr. Ingram could not be present. He tearned from Mr. Ingram that the home office has requested this sign and Mr. 6ifford said he was unnble to contact the home office for further information. He said on a corner lot the code ailows for two stgns 6ut vith a �aaximum of 80 sq. ft and they Nould like to get side street exposure, especially on a street with a lot of traffic. He further stated that the types of signs Mestern has noN is kind of a problem as the company ts in a transitional period with their signs and they are currently changing all their siations. Ne said it is basically a price sign with the name on the top panel. 3E Appeals Commisston Meeting - June 28, 1983 ___ Pa9e 8 Ns. 6abe1 noted that prices �re currently on the other sign. Mr. 6ifford said stations like Standard Oil do not t►eed a larger sign ttke the sm�aller, tndependent companies. He said the smaller tndependents do not have the pow�e� to compete and tAetr price signs are the �ay they compete. � Mr. Bettold asked about getting Mr. In9ram to a hearing. Mr. 6lfford said he would like ta bring back the Commisston's recommendations and it is a practice to have stde lot signage rith a corner lot. Hr. Betzold questio�ed the �ardship. Mr. Gifford s�id the hardship is the square footage �nd they are competing w�ith Amoco. Mr. eetzold felt everyone could see their sign. Mr. 6ifford said tfie smalle� stetions survive on pricing and service and said they could have an alternate request for a larger sign on University Avenue. Ms. 6abe1 felt they are prese�ntly very noticeable. Mr. Gifford said one of their problems is that the name Mestern is going out and pricing coming in -- price large� and name smaller. Ms. 6abe1 stated if the Commission gave them a larger sign, Standard aould be in fequesting one, also. She said she Mas not sure if someone thought this through enough because of t.he transition and changes with ilestern and felt there was a good deal of vision with the present sign and felt the variance should not be granted because of that end the possiDility of anotAer variance request. Mr. 6ifford felt a sign is needed on the side street. Mr, Clark. said he discussed signed Nith the Champlin station and their pricing signs are int.egral part of the overall pylon sign. l�ls. 6abe1 notea they refused the pricing sign for lfnion 75 recently. Mr. Gifford asked about wall signs and pump canopy signs. Mr. Clark said if it is a �nansard canopy they are a wall sign and a f�ee standing canopy on the pump island is probably a f�ee standing sign. Mr. Clark suc�gested tontinuing the matter to find out what Nestern's 'theme' is going to be an�l what the changes are to be. Ms. Gabel said tfie signs could be made smaller. Mr. Gifford snid there would more cost involved with smaller signs. Ms. 6abe1 noted o�� their turrent sign the prices are not included and they could come back with a plar� that includes both signs and it is policy nct to grant variances that are extr•emely excessive for gas stations. Mr. Plemel said he was inclined to think sigr�age is adequate for their needs and it is visibie from Doth di�ections. Mr. 6etzolcl said he would like the owner present for this iaatter. MOTION Dy Mr. Betzold, seconded Dy Mrs. 6erou, to table this agErnda item until notified by the petitioner. UPON A VOICE VOTE. ALL V(1TING AYE, CHAIRPERSON GABEL OECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MqTION by Mr. 8etzotd, seconded by Mr. Barna, to adjourn. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRPfRSU�i GABEL DECLARED THE APPEALS COMMISSION ME:ETING OF JUNE 28, 1983. ADJOURNED A7 9:40 P.M. Respectfully submitted. Deb Niznik, Reco�ding Secretary � fq� � fi✓� ' � .-d�'f,' ., 11Gt � i/O�7b� _ _ ; ��,_.� � � �� , , . o� �� J� �� s 9 �� _ -- � ; - � , .-� 1 , , , ; ; � �� . � , . � , �. = �'� i3"x � �' . na,ur�uy .Tu�TE t�) — ��4 sl�. yuss� V � _ 0 ' � Ii,' J �— ..,, —. � tt.as � tT � _,� ► L u c--o � �?•'it �►. 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" . e� ''' �:,� -4� � '✓ � -. � r . . b � f �� t r � ,� .. . � � . � �. - [ : : * �j y,, r'�-.^� / �� [c ' ,�, > ., � { _ _ w� y#tl r -°{ � � ' > � f � . .E.> , - jjj .,. � � �' +4�. . F y w„ # � � �y. . �, . �' ' `n' . . � . , .. . . I � � � .. ; � .; � . e � . .�* , 3 � ��. M1 - 4 .., , ... .�f- , . _ __ -- ,..++: . �... r�a . _. 'a. � `",�' ` _a . _ . ,. , : � ` . . . ---� - fOR CO�I�URRFMCE DY TNE CITY COtMCII Ta�tea ' � ENERGY COM�'tIS5I0N APPOINTEE Bradley R. Sielaff 7 574- 0470 TERM EXPIRES APPOINTMENT - fNERGY COMMISSION 4 � RESIGNING MEMBER �-1-84 ' Jerry CitfiosZ 7509 Tempo Te�race N.E. (Resigned 10/19/82) 4-1/85 Todd 'l�essmer 6890 (:hanne� Rd. I�.E. (Resi�;ned 5/23/83) cRnn�aae �. �,r� a�nu� �nac �� so� oF ��c.�r crrx ome FXI'I�.ID 'TAXIGBS' BY l+t+��II� SB('TION 50�.02 �he City Council af the City of iYidley dc�es ordain as follows: No person shall operate or permit a taxicab oar�ed or oontrolled by him to be operated as a vehicle for hire u�pon the streets of the City of F'ridley vithout having first obtained a taxicab lioense therefor �dez the pravisions of this Chapter, pzovided that any taxicab licensed to operate in any other nu�icipality of this State may carry passengers fran said m�icipality whereso liaensed to nrty plaoe or point Within the City of Fridley, l �',l �'�/J��t �f /�d�1 ��/��/f ��1 �l�/l'-'�/dl ��'i/FS1�f i��F��/i� 1�� d � but a�r�ers and drivers of such vehicles 6ha11 not be permitt�ed to solicit business in the City of Fridley or otherwise operate a taxicab on the streets of such City, without being lioensed �der the prwisions of this ordinance. Each applicant for a taxicab lioense st�all apply to the City Council for such 1 i oen.se ug�n an appl i cati on f onr� to be pr wi ded by� the Ci ty , an�3 t o be f i 1 ed With the City Qerk, and must comply with the follo�ing prov;isions to the satisfaction of the City Co�cil. (Itens 1 throuqh 5 of Section 504.02 renain the �arr�e.) PASS'ID AAID ADOP'I'i� BY 7IiE QTY COIJNQL OF � QTY OF FRIDLEY �iLS D�AY OF , 1983. WIId.IAM J. I�E - !'�YO;R �►Z'IF5'T; SIDN�'Y C. IIdS��ih - QTY (I.F.E2R First Reading: September 26, 19a3 S�ecor�c3 Reading: R�blish: 5 0 OEZDIl�]ADl(E NJ. AN ORDINANCE ADOPTING A NEW CAAPTER 218� EN:PITLED 'HA'LAFtDOUS WAS'TE OO�AiII�.", OF �iE FRID�.EY CITY O�E R4iE QTY �[JNCIL OF ZiiE QTY OF FRIDLEY DOFS ORI]�IIJ AS FCg�ANTS : 218.01 STAZQ� OF POGICY �e City of Fridley deems it regulation of hazarcbus wast the principel use in orc3er t welfare. 218.02 DEFIIdITIONS r�ecessary to provide for the special and express e storage and treatn►ent facilities which exist as o protect the public health, saf`ety and general When used in this Chapter, the following terms have the following meanings: 1. Aazardous Waste Storage and Treat�nent F'acility. Any building, structure, or use of land devoted, or intende�i to be devoted, primarily for changing by any method, technique or process, including neutralization, the physical, cheaical or biological charact:er of any waste material, so as to neutralize such material or render it norrhazarcbus, safer for transport, amenable f or recovery, storage or reducec9 in bulk. Any facility must be an intermediate phase in the treatment of tiazarc3ous waste, and after the waste has been treated, it shall be transported f ran this site. 2. Hazardous Waste. Any ref use or discarded material or combinations of ref use or discarded materials in solid, semi-solid, liquid, or gaseous form which cannot be handled by routine waste m�r�aggnent techniques because they Fose a substantial present or potential hazard to human health or other living organisns because of their chemical, biological, or physical properties. Categories of hazardous waste materials include, but are not limited i:o: explosives, flaa�mables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include sewage sludge and source, special nuclear., or by-product material as defined by the Atanic Enerc� Act of 1954, as amen�ed. 3. Solid Waste. Garbage, refuse, sluc3ge fran a water supply treatlnent plant c�r air contaminant treatment facility, and other discarded waste materials and commercial, mining, and agricultural operations, and from co�nnunity acti��ities, but does not include hazardous waste; animal waste used as fertilize�:; earthen f ill, boulders, rock; sewage sludge; solid or dissolved material in�c3amestic sewage or other canmon pollutants in water resources, such as si�Lt, dissolved or suspended solids in industrial waste water effluents or disc}larges which are point sources subject to permits under section 402 of tlie federal water pollution control act, as amended, dissolved materials in i�crigation return flvws; or source, special nuclear, or by-product material a:� def ined by The Atomic F�erc� Act of 1954, as aQnended. l� � 4. Dispasal. Zhe discharge, aeposit, injection, d�ing, spilling, leaking„ or placing of any waste into or on any land or water so that the waste or aizy constitutent thereof may enter the ernironment or be enitted into the air„ or discharged into ariy waters, inclucling ground waters. 5. Hazardous Waste generation. 7he act or process of producing hazardous waste. 6. �virornnental Im�ct Statenent. A detailed written state�nent as required by Minn. Stat. S 116D�.04. 7. Aazardous Waste Management. The systematic control of the collection, source separat:ion, storage, transportation, processing, treat�nent, and disposal of hazardous waste. 8. Manifest. �he form used for ic3entifying the quantity, canposition, and origin, routing, and destination of hazarcbus waste during its transportation fran the point of generation to the point of disposal, treat�nent, or storage. 9. Slu3ge. Any solid, semi-solid or liquid waste generated f ran a municiFal, commercial, or industrial waste water treatment plant, water supply treai�ment plant, or air pollution control facility or any other such waste tiaving similar characteristics and effects. 10. Storage. Zhe oontairment within a building of hazardous waste, either on a temporary basis or for a period of years, in such a maruzer as not to c.on,stitute disposal of such hazarc3�us waste. 11. ZYeatment. Any method, technique or process, including neutralization, desi�ed to change the physical, chemical, or biological character or compc�sition of any hazardous waste so as to neutralize such waste or so as to re�zder such waste non-hazardous. safer for transport, amenable for recovery,� amenable for storage, or reduced in vol�ne. Such term includes any activity or processing desic�ed to change the physical form or chemical compositic�n of hazardous waste so as to render it norr-hazarcbus. 218.03 SPECIAL OSE PgtMIT RDQU� ADID ZONII�IG Hazar3ous waste storage and treatment facilities which are princi�l uses may be permitted only after a special use permit has been obtai»ed. Hazardous waste storage and treatrnent facilities may be located in H�:avy Industrial (M-2) Zones only and subject to all applicable pravisions of this Chapter. 218.04 APPROVAL CRI�'��2IA A S�ecial Use Permit shall be approved only if consistent with all of the following objectives: 1. �at the proposed hazardous waste facility is developed ��nd operated in accordance with all applicable local, state, and federal :Laws, rules and regulations; , i . . 2. �at the hazar3�us waste facility is developed and operated in such a manner so as tp minimize the possibility of ground water Fbllution to the greatest extent possible in order to maintain the chemical, physical, and biological integrity of the nation's waters, in order to achi�_ve and maintain a level of water quality which provicles for the protection an�9 prop�gation of fish, shell-fish, and wildlife and for recreation in and on tlle water= 3. �at the proposed hazardous waste facility be developed and operated in such a manner so as to minimize air pollution to the greatest e�ctent possible; 4. �hat the proposed hazardous waste facility be locatedl no closer than fifteen hundred (1500) feet of ariy HUD flood plain, shorelandl, wetland� body of water, or ground water recharge area or aquifer, in c�rder to protect potential drinking water sources; 5. ZY�at sufficient safeguards against spills, fires, ancl explosions are established to protect the public health, safety and welfare to the greatest extent possible; 6. Zt�at the proposed site for hazarcbus waste facilities be �3eveloped in such a way so as to pravide for op�que screening and landscaping to minimize the negative visual i,mpacts fran such a facility on ariy adjacent property; 7. That the proposal is consistent with all applicable codes and regulations of the Fridley Code and Zoning Ordinance; and 8. Ztiat the proposal be consistent with the Canprehensive Plan. 218.05 Ol7AIDITIOTIAL USE PERMIT AP'PLICATION P�D(�(TRES. 1. Prior to the submittal of a conditional use permit application, the developers or aaners of the proposed facility shall meet Miith the City to review all applicable ordinances, regulations, and future pl�ins for the area adjacent to the prope�ty being developea. 2. 7�e developers or owners of the proposed facility shall prepare preliminary drawings in accordance with the regulations of Section 218.10 and an environmental i�act statement and submit the same to tiie City, 60 days prior to the public hearing. 3. Upon staff apprwal of the application for hazarcbus waste facilities, the application will be scheduled for review by the Fridley Env��ronment Quality Cocmussion. 4. �e application for the conditional use permit will then be scheduled for a put�lic hearing before the Planning Caimission. 5. Rhe Notice for Public Hearing shall be published in the c�fficial newspaper at least ten (10) days, but not more than twenty (20) da��s, prior to the public hearing, at which time the iten will be heard. Notic:es will al so be sent during this time period to property owners within 71000 feet of the subject property. 6. The Planning Commission shall hold a public hearing on the proposed conditional use permit. Follawing the public hearing, the Planning CarIIr►ission shall, within ninety (90) days, su�ixnit in writing, to the C:ity Council, its report, its findings, and its recaruner►dation as to the approF�riateness of the proposed development, and shall recommend approval, modification, postponement, or disapprwal, based upon the criteria set fc�rth in Sections 218.03, 218.04 and 218.16 of this Ordinance. 6C 7. Rl�e application for the o�nditional use permit shall be scheduled for a City Coimcil meeting. 8. 'IY�e City Co►mcil, shall consider the application pursuant to Sections 218.04 and 218.16 and shall approve, disapprove, postpone, or modify the Pro�osal. 9. After City Council approval of the application for a�conditional use permit and the appraval of the preliminary plans, the owners or developers shall file final plans with the City. The final plans shall ',be processed in the same manner as the conditional use permit and preliminary plans. A oertified copy of the oonditional use permit shall be recorde�a in the Office of the Anoka County Recor3er or Registrar of Titles, pursuant to Minn. Stat. Section 462.3595, Subd. 4. 10. Should the City Council disapprove the application for a special use pernut and preliminary plans, the owners or developers may ;prepare another preliminary plan and resutmit to the City. 218.06. �3ANGF'S IA1 Pl�ANS. l. If the applicant proposes major changes in the f inal sit�e plan that are inconsistent with the preliminary site plan, these changes cari only be made by resukxnission of a new preliminary site plan and new conditi��nal use permit apQlication to the City and rescheduling of this item before the E�virorunental Quality Camiission, a new pu6lic hearing before the Planning i�ommission, and reviewal again by the City Council. �e following constitute major changes: A. Increase in the size of the proposed structure or deve�loFnent; B. Change in architectural desic� or style; C. Increase in the height of the building; D. A major modification to the landscape plan; E. A sic�if icant reduction in proposed open space and buf�fering; F. A change in the development schedule; G. Change in road location or standards; and H. Other changes as determined to be major by the City Cc�uncil. _2. Minor (�anges. �e City Council may• in its discreti aa, permit minor deviations fram the preliminary site plan, which do not change� the concept or intent of the proposed developnent as previously appraved. 218.07. TIME LIMITATIOI�]S. If final plan apprwal is not granted within a six (6) rronth ��eriod from the time of the apprwal of the conditional use permit applicatior� and preliminary plans, the proposal shall be declared null and void and the applicant will have to re-file a preliminary plan and c�nditional use pernut application with the City. Z18.08. STAt�ID�RD6 1. �e property must be zoned M-2, Aeavy Industrial District. 2. Minim�an set,backs fran property line, major roads, and ol:her buildings, shall be 200 feet. Minim�n setbacks fram ar�y resic7ential str��cture shall be one-half mile. • I 3. Minim�n lot size shall be 10 acres; maxim�un lot coverage shall be 25$; maximun area for parking shall be 25$; maximum building height shall be 40 feet; building materials shall be concrete, wood, or brick; and no metal buildin9s shall be allvwed. 4. Minim�n landscape area shall be 50$. 5. 7]�e entire site shall be opaguely screened so that the building or parking or storage areas cannot be seen from a public street. 6. Minim�n plant sizes: shade trees shall be 3 1/2 inch caliber; small trees shall be 3 inch caliber; flowering trees shall be 3 inch caliber; shrubs shall be 3 feet in height; and coniferous trees shall be 12 to 15 feet in height. 7. No migration of water overland shall be permitted beyond the property li.nes. All ponding of water shall be contained on the site and provisions made to contain all water runoff outside or inside of the facility, and shall not be discharged into the municipal sanitary sewer systen or any storm water syst�n or ditch. 8. Concrete curb shall be required along all parking areas. All parking areas shall be concretQ surfaoes. 9. No outdoor storage shall be permitted. 218.09. RE�RD REFPII�IG �e operators of the hazard4us waste facility shall maintain records of all hazarcbus waste identified or listed which is treated, disposed, or stored, and the manner in which such waste are to be treated, stored, or dispose d of. Z�e operators of the facility shall submit a quarterly report to the City Co�cil, identifying the treatment, storage, or disposal of all such waste received by the facility. 218.10. PRII�IMIIVARY PLAN.S i2DQiJIitID l. Maps of the area within one half mile of the exterior property lines of the proposed site, and including the proposed site, which show: A. All dwelling units, other principal buildings and structures and streets; B. All sicpiif icant topographical features; C. All surface water; D. All sanitary sewer systems; E. All storm water managenent systens; and F. All wells. 2. An engineering certification for the proposed site and the area within one half mile of the proposed site concerning the follvwing factors: A. Dep�th to seasonally high water table; B. Soil drainage, canposition, thiclmess in permeability; C. Floaling, gro�d water recharge areas, aquifers, and flood plains; D. Dep�th to bedrock; and E. Prevailing wind conditions. 3. Certification from the Minnesota Pollution Control Agency, Anoka County GE n Health Board� Metropolitan Co�mcil, State F3�virornnental Quality Board, State Waste Management Board, the Environmental Protection Agency, and the appropriate watershed managanent organization that the use for the proposed site is in oompliance with the appropriate local, state and federal laws, rules and regulations governing: air quality standards, water quality standards, and waste water standards. 4. A narrative explaining the estimated composition, quantities, and ooncentrations of ariy hazardous waste identified or listed by this Qlapter, or oombinations of any such hazarcbus waste and any other solid waste, proposed to be disposed of, treated, transported, and the time, frequency, or rate of which such waste is proposed to be disposed of, treated, transported, or stored. 5. Preliminary site plan - The preliminary site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet. The submission may be composed of one (1) or more sheets and draaings and shall include: A. Location of all prop�sed buildings and their proposed uses; B. Location of driveway and parking areas; C. Front, rear and side yard setbacks; D. Square footage and climensions of all proposed buildings; and E. Location of all easenp�ts width and purpose. 6. Z}�e landscape plan shall be drawn at a scale of one (1) inch equal s f if ty (50) feet and shall oontain the follvwing information: A. Areas for berming, sodding and screening; 8. Location of proposed plantings, identifying materials as shade tree, flvwering tree, con�ferous tree, or shrubs; C. Location of any existing vegetation; and D. Location of any trees to be renaved. 7. A grading and drainage plan shall be drawn at a scale of one (1) inch equals one hundred (100) feet and shall oontain the follaaing information: A. Existing and proposed gracles with a minimum of two (2) foot contour intervals to a knam sea level dat�un; B. S�ot elevations on all proposed hard surface areas; C. Estimated runoff of the area based upon ten and one hundred year storms; D. Location of proposed ponding areas indicating the size and depth of the pond, and amount of acre feet of water to be stored; and E. Finish floor elevations of all buildings. 8. Floor plans and elevations: All floor plans and elevations shall be drawn to a legible scale and include the follawing information: A. Floor plans i.ndicating square footage and dimension of all proposed roans and areas within the structure, identifying the proposed uses for each room; and B. £levations of the proposed buildings, identifying exterior treatment such as materials to be used and the color of the paint. GF 218.11. FIl�iAL A�ANS RDQUIl2ID 1. A final site plan shall be pzepared at a scale of one (1) inch equals fifty (50) feet and shall o�ntain the follaaing inforn�ation: A, Location of proposed buildings; B. Location of proposed driveways and parking areas; C. Front, rear, and side yard setbacks; and D. Square footage of all proposed buildings. 2. Final landscage plan shall be drawn at a scale of one (1) inch equals fifty (50) feet and shall o�ntain the follawing: A. Plant types (botanical and oonnan names), n�nber, location, size, and metha3 of installation; B. Areas to be sodded; C. Location of existing vegetation; D. Location of trees to be renaved. 3. Final grading and drainage plan shall be cirawn at a scale of one (1) inch equals one hundred (100) feet and shall oontain the follaaing information: A. Existing and proposed grades with a minimum of two (2) foot contour intervals to a knawn sea level dat�an; B. Sufficient spot elevations on all proposed hard surfaoe areas; C. Estimated runoff of the area based upon ten and one hundred year storms; D. Location of proposed ponding areas indicating the size and depth of the pond, and amount of acre feet of water to be stored; E. Finish floor elevations of all buildings;and F. Identify soils by type and location, including identif ication of the water table, and suitability of soil for the proposed development. 4. Final floor plans, construction draeai.ngs and elevations shall be drawn to a legible scale and shall include the follawing information: A. Plans indicating square footage, c3imension, and uses of all proposed areas within the building; and B. Elevations of the proposed building, identifying exterior treatment, such as materials to be u�a ar,a �e oolor of the paint. 218.12. Il3SPECTIO[�I For the purpose of enforcing the pravisions of this Ordinance, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous waste, shall furnish information relating to such waste upon request of the following persons: City Building Inspector; Public Works Director; Police CYiief; City Manager; or the Fire thief. Such persons at all reasonable times shall have access to and the right to copy all records relating to such waste. 1. Any duly authorized City personnel shall be allvwed at any reasonable time to enter any establist�ent or other plave where hazardous wastes are or have been stored, treatec3� or transp�rted fro�n. 6G 2. Any c3uly authorized City personnel shall be allowed to inspect and obtain sa�les from ariy person of any such waste and samples of any containers or labeling for such oontainers. 3. Any duly authorized City persoru�el can at any time� without prior oonsent, inspect the site for the possibility of any leakage, spills, or violations of any local, stat�e, or federal law, rules or regulations. 4. Any records, reports, or information obtained by the City shall be made available to the public. 5. �e existence of any violation of local, state or federal laws, rules or regulations shall require the closing of said facility until it has been determined by public hearing the reasons for said violatins and the identification and implenentation of additional safeguards to prevent future violations. 218.13. RHQU�lS OF ODI�'�LI1�NC� 0►RDII�S Any order issued pursuant to this Chapter may include a suspension or revocation of the conditional use permit issued under this Chapter and shall state with reasonable specificity the nature of the violation and specify a time for c�liance. Any violation of this Chapter shall be considered a misc3emeanor. 218.14. MONI'It�RING 1�NALYSIS AI�ID TE5TIl�1G 1. If the Ac�ninistrator, as desicp�ated by the City Manager, determines that the presence of ar►y �mauthorized hazarcbus wastes are being stored, treated, or disposed of, the Administrator may demand that the facility be closed within 8 hours upon written notice. 2. If the Ac�ninistrator determines that the release of any materials from a hazaraous waste facility or site may present a substantial hazard to human health or the envirorzment, the Ac�ninistrator may issue an order requiring the awner or operator of the facility to conduct such monitoring, testing, analysis and reporting with respect to such facility or site as the AcMinistrator c3eems reasonable to ascertain the nature and extent of such hazard, including spills, leaks, explosions, and f ire. 3. If the Aci�ninistrator determines that the owner or operator, is unable to conduct monitoring, testing, and analysis, or reporting satisfactory to the Administrator, and if the Ac�ninistrator deans ariy such action carried out by the owner or operator to be �msatisfactory• or if the Administrator cannot initially determine that there is an awner or operator who is able to conduct such monitoring, testing, or reporting, he may: A. Conduct monitoring, testing, or analysis, which he deesns reasonable to ascertain the nature and extent of the hazara associated with the site concerned; or B. Authorize the state or a local authority or other person to carry out ariy such action; and C. Require the owner or operator to pay for the cost of monitoring, testing, or analysis done by outside agencies, or individual s plus associated fees of 10$ for City expenses. 218.15. NO►I'ICE OF SPII,I�S, LEARS, F�Q''i�06I0NS, FII2E OR AUCIDFI�?I5 In the event of ariy spill, leak; explosion, fire, or accident, the owner or � operator of the facility is required, within a one (1) hour time period, to notify the follawing individuals: City Manager, Fire Chief, Police Chief, Metropolitan Co�mcil, Irlinnesota Waste Managanent Board, Anoka County Health Depar trnent, and Pollution Control Agency. Failure to report such incidents within the one (1) hour period shall constitute a misc�emeanor. 218.16. �AI� FIl�IDIl�]GS As a prerequisite to the apprwal of the application for the conditional use pernut, the City Co�mcil shall find that evidence presented established: 1. �at safe and adequate acoess to the facility for general, service, and energency purposes will be prwided fram norr�resic3ential major thoroughfares, and will not require the use of ariy residential collector or residential local streets; 2. Zliat the operation of the facility will not proc7uce fumes, odors, noise, dust, smoke or gases which will adversely affect nearb� properties; 3. �at the types of soil under and within one quarter mile of all portions of the proposed site to be used for storage, treat�nent, loading and handling of hazarc7ous materials, as well as �der all paved surface or roads leading to the facilities, shall not have a natural percolation rate in excess of 0.75 gallons per day per square foot; 4. �at all surface water, gro�md water, sanitary sewer systems, and storm water systens will be protected so as to minimize to the greatest extent the probability of contaanination by hazardous waste; and 5. 2fiat the use of the proposed site for hazarcbus waste treatment will not endanger the public health or safety, or substantially reduce the value of adjoining or nearby property. PASSID AI�ID ADOP'I� BY �IE CITY OF FRIDLEY ZIiIS DAY OF , 1983. � WIId,IAM J. I�E - MAYOR AZ'Ig.ST: SIDNEY C. II�II`lAP1 - CITY CLERR First Reading: Second Reading: Publish: SN . � 5 K� l�� t c R� i.U{�t•-�rIL OF ..., SUBJECT CITY OF PRi1DLEY� MINNE90TA �tpoi�mcrd n.twm Oum. Dev. Div. Protective Insp. Dept. �� HOUSE TRAILER APPLICATION mDa � r+ev oo� pOD�ovtd Dy 910-F9 1 1 of 1 800 �►PPLIGNT: �r;a�t-t aSSa+KLIti e� �a� ]1DDi�SS: 4� 1 Qs�•e•n.. Raad ��3.�ey ++1�J_ TRAILER dWNER: So�"►t 11DDRESS s TEI,, Up: ?Y'� -? SS "j TII.. N0: � Doie 7/1/B1 LAiiDOWNER: �f�d�c•y ASS�r.1ol..� o� C� �DDRESS: TO BE .r�� (r' � i�� gjyg; 1.Z� X SO� USED FOR: �''bb;�t Ci4SSrs�+r. O�n�.� �3.+�:�s t S��a..�� - PERIOD OF TIME TO SE STORED/OG'GUPIED: ��S LOGTIOH � TRAILER Oti PRpPOSED PROPERTY: �lttach Plot Plan of Pmperty sh4wing Trailer CS�s.Z�a:�or � � J Signatures of Adjoininq Pzoperty OMmers Grantinq 1lppraval: :.�` 1�:� � �1��.�. I �,� � t•`�� U� � ✓ Relationship beta�►een Trailez Owner and Laridowner: Names and Ayes of all Occupants(If Reside�tial Use)s % Facilities for Sewaqe Dasposal, Water ar►d Electricity: �s �e�.f (� qr�ti �o�n�c _o� Slc,�t.1.) �Icc�c�t,'� ..�:�\ bc, ru.w �irc� EX:s�,� !'��` � P►��1b��'+q � . / / Please find attached a check in the amount of 530.00 for parking the trailer or 550.00 for b�th parkinq and occupyinq the trailez. m�: 9 /�� / � 3 �� Signature - FOR OFFICE USE Date Received: Council �ppzoval: Stipulstions: , I RECEIPT 1�10: • LICENSE I+IOz EXPIRES: Vif SK� a� �e� wA� �� D� �r F. sue�ECT � GITY OP FAID�.EY� w+�n�NEeoTia rsDa�mc��t n�swm p�m. Dev. Div. Protective Insp. Dept. HOUSE TRAILER APPLICATION mDa , cv ov• 4vD�oree Dy 910-F9 1 1 of 1 800 l►PPLIGNT: �c��le...� Assc�+b�.} e� � a►nnx�sSs �t�� Os1��►� R�.l�., F'�;dk� hu �r.. �o: � 8 y - ?SS 7 TRAII.ER OMTNER: �""� �►n�ss:- TII.. I�10: 7A �-- - ------ Do�e 7/1/81 Ll4iDOWNER: �1';�.le� A�y-.�„�bl-, o� Go�r� 11DDRF5S: TO SE TRAILr."Ft I�.3�: Clotito� C�� S2ZEs 1•1, �� JSc.D FOR: �'b�^'.lc C�a�S�ao••�. bhl�_ _ w �.� � � �--� � r �•.,a�,y s PERIOD OF TIME TO BB STORED/OCCUPZED: LOCATIOIJ C1F' TRAILER ON PROPOSED PROPERTY: 1lttach plot Plan of Property showing Trailer Siqnatures of l�djoininq Pzoperty Owners Gtantinq J�pp zoval : �� 7�P' lu '�j � ��z � ��. �.,C� .o �.� �° - �, -7� • �-l<�.....�., �.r !v /�,�- . Relationship between Trailer Owner and Landawmez: Names and Aqes of all Occupants(If Residential Use)s • Facilities for Sewaqe Dtisposal, i�Tater and Electricity: E1cc.��c. He�t �- �iyl�ts � o ��nQ. �,,: tl b� �v•. rrtir� ex;tt l�q i:Z1.t ol� �p_ p`�w�1�: � � � please find attached a check in the amount of �30.00 for pazkinq the trailez or S50.00 for both parking and occupyinq the tsailer. a��: �1 l �3 / 83 ______� f�e�/ '"� '� �i4%!/'�'°'1-. 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' •� � •A \. �• � '� � * 7B l' � � ��` � . � : . r , `, \ o� � 1 . � •, � , . �� l �' � � •�� • V O � ' i !V i ; ! �� + ;r ;'�r'. ;� t � i .� _-��..:- '`':� .� � � I 19t0 cR �� .� �� ,.. ��'� � �.-�0.4G ., ��t �Ltwv TY " • - � �,' .. � L'� -- n�X�� - --7S.q----��_ ''S. -- �� - 12YS0 �=xS0 ` 1'1.x�o G.as H4o-t� El�•c.. R/� . .Uo �,�►�,b:..9 *' - � • 1 Z. �ixso �,��. H�+�r A/G t�,.:�4•� I�osP��-u.t pr•Pe�t� 1.1� p��.w.V:�' � � I: ` fa i� � � I° ' °' 1� , . . i� � � � �u � �J v � � � jr, I ;' ,. t} O�_�I � . � • � —^V , , : CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 28, 1983 CALL TO ORDER• Chairwoman Schnabel called the September 28, 1983, Planning Comnission meeting to order at 7:40 p.m. ROLL CALL: Menbers Present: Ms. Schnabel, Mr. Oquist, Ms. Gabel, Mr. Kondrick, Mr. Saba. Mr. Goodspeed • Members Absent: Mr. Svanda Otl�ers Present: Jerrold Boardman, City Planner E. Louis Schuette, Ashland Oil APPROVAL OF SEPTEMBER 14, 1983, PLAtiNING COMMISSION MINUTES: MOTIDN BY MR. KONDRICK, SECONDED BY XS. GABEL, TD APPROVE THE SEPT. 14, 1983, PLANNING C1�MMISSIDN MII�UTES AS WRITTEN. UPON A VOICE VpTE, ALL VOTING AYE, CXAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED Uh'At0IM0USLY. Ms. Schnabel stated that regarding the discussion the Planning Commission had regarding the black slag, she noticed that at the City Council meeting on Sept. 26, the City Council voted to discontinue the use of black slag and wanted a resolution prepared to send to Anoka County to encourage them not to use black slag on city streets. - �1. PUBLIC HEARING: SPECIAL USE PERMIT SP �83-09 E. LOU1S SCHUETTE, ASHLArJD �IL C0�IPANY D/6/A/ SUPERAMERICA: Per Section 205.171, 3 G, of t e Fri ey �ity Co3e, to allow the construction of a service station on part of Lot 1, Auditor's Subdivision No. $9, the same being 7299 Highway �65 N.E. (Parcel A) MOTIDN BY MR. OpUIST� SECONDED BY NR. KONDRICK, TD OPEN THE Pf�BLIC HEARING ON SP 1183-09 BY E. I,OUZS SCHUETTE, ASHLAND OZL COMPANY. UPON A VOICE VOTE, ALL VO:'ING AYE, CHAIRWOMAN SCXNABEL DECLARED THE PUBLIC BEARING OPEN AT 7:46 P.M. Mr. Boardman stated he would like to �aake the discussion relative to both the special use permit and the lot split since they would be talking about the same property. . Mr. Boardman stated the property is located on Highway 65 between 73rd Ave. and 72nd Ave. N.E. It is a fairly narrow piece of property, to the extent that if the lot is split at all, the City would have to get s ane kind of an 8a PLANNING COPIMISSION MEETING, SEPTEMBER 28, 1983 PAGE 2 access to the property. 7hey do not want an access out onto Highway 65; therefore, any access had to come from 73rd/72nd. The plan for 73rd is for a median eventually, at least partially back and perhaps 2/3 back on this site. There are no plans at this point in time for a median on 72nd. Seventy-third Ave. is the heavily used intersection. What this does is it essentially requires the property to have one total use an it or, if the lot is split, to have some kind of service or access facility to the develop- ment. The most logical location for that access is going to be at some point where they can get access both east and west on 73rd. For this reason and with this particular proposal, they felt a service road was the best alternative. On 72nd there is a service drive that accesses straight across from the new proposed service drive, and on the north side, they felt it would be best because of the median and because it would be right across from the driveway location. In order to do this. they would be in a situation to require all the right-of-way to come from the lead property and that property would be the beneficiary of the service road. This situation created the need for two variances: (1) a variance for the lot size. It would not meet the new ordinance; however, the total lot itself would meet all the old existing ordinances. (2) a variance for the setback on the south from 20 feet to 11 feet. There is not an existing right-of-way right no�r, but the variance will be created with the creation of the road system, Mr. Boardman stated the Engineering Staff has reviewed this proposal exten- sively and feel there are no immediate problems. They feel the road system will be workable, and the development, if the special use permit is approved, would be an appropriate use of this property. Mr. Boardman stated there were some issues brought up at the Appeals Commission meeting. Oie was the bikeway/walkway easement. and Mr. Schuette has shown that in the plan. There is a ditch section out in front, and the City would want to make sure that ditch section is maintained or not altered. Ms. Schnabel asked what type of building could go in on Parcel B. Mr. Boardman stated the property is zoned industrial (M-1), and he would prefer to see it remain industrial at this time. They are talking about a 15,000- 20�000 sq. ft. building, maybe an office/warehouse type of building. Any other type of use would take a zoning change unless the use was allowed in M-1 under a special use permit. Mr. Schuette stated he is f rom Columbus, Ind., an employee of Ashland Oil which is the parent company of SuperAmerica. He stated one of the issues that came up at the Appeals Comnission meeting about rezoning either of the parcels to commercial was that it would be spot rezoning� because the properties to the north, south, and east are all zoned industrial. He stated they have no objection to spot reioning and have asked for it many tines in many places; however, because the service station/grocery store combination is permitted by special use permit in an M-1 district, there was no reason to rezone the property. He stated they will be most critical about what goes in on Parcel B. At this time, they do not know what will go in on that parcel. � PLANNING COMMISSION MEETING, SEPTEMBER 28, 1983 PAGE 3 Mr. Schuette stated that even though they were opposed to the frontage road in the beginning, they can now see some benefits to their property. He showed the Comnission members a prototype of the building they are planning to build. 7hey have two buildings like this--one in Cottage Grove and one in Richfield. The building is almost 4800 sq. ft.,in earthtone colors,with a canopy. Under the canopy there will be 12 pumps with 24 hoses. The reason for that many pumps is because many people who buy gasoline also go into the store to buy groceries ar bakery goods using a gas pump space as a park- ing space. A�ound the edge of the building is a 3-4 ft. earth berm for energy tonservation. The area wil] also be landscaped. Ms. Schnabe] asked about the hours of operation. Mr. Schuette stated he was not sure at this time, but in all probability, it ►vould be open 24 hours. Ms. Gabel asked about the signage. Mr. Schuette stated they have a new sign with new decor. There are none like it in the Minneapolis area. The only place they have put up this sign is in Lexington, Ky. The sign is 8 ft. x 10 ft. (80 sq. ft.). They will also have signage on the building, Mr. Schuette stated the parking is adequate. They have 21 parking spaces in addition to the 24 spaces under the canopy. MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TD CLOSE THE PUBLIC HEARING ON SP /{83-09 BY E. LOUIS SCHUETTE� ASHLAND OIL C0. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCHNABEL DECLARED THE PUHLIC HEARING CLQSED AT 8:19 P.!!. Mr. Oquist stated he thought this was a feasible deve7opment for this corner property. SuperAmerica has done a nice job with their station areas. He stated there is still room for an M-1 development on Parce� B, and he agreed this property should remain M-1. � The Planning Cortmission members agreed. AlOTIDN BY MR. OQUIST� SECONDED BY !►IR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT� SP �83-09� E. LOUIS SCHUETTE, ASHLAND OIL G1�MPANY D/B/A/ SUPERAMERICA, PER SECTION 205.271, (3) G, OF TNE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A SERVICE STATION ON PART OF LOT 1, 11UDITOR'S SUBDIVISIDN NO. 89, SHE SAME BEING 7299 HIGXWAY �Y65 N.E. (PARCEL A). ilPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRWOMAN SCHNABEL DECI.ARED THE 1NOTIDN CARRIED UNAItiII�lOUSLY. 8C PLANNING COMMISSION MEETING, SEPTEMBER 28, 1983 PAGE 4 2. LOT SPLIT REQUEST, L.S. #83-04, E. LOUIS SCHUETTE, ASHLAND OIL�- SUPERAMERICA: Split off the North 331 feet of West 250 feet of the West 500 feet of the N 1/2 of the NE 1/4 of the SW 1/4 of Section 12, T-30, R-24. County of Anoka, being part of what is now known as Lot 1, Auditor's Subdivision No. 89, subject to easement of record, the same being 7299 Highway �65 N.E. (Parce] B) , Mr. Boardman stated that with the lot split, they will want the stipulation that a bikeway/walkway easement be retained along 73rd. He stated there is presently a Naegele sign on the property that will have to be removed at the end of the lease period. l�10TION BY MR. OQUIST, SECONDED BY PII2. GOOASPEED� TD RECOMMEND TO CITY CDUNCIL APPROVAL OF LOT SPLIT REpUEST� L.S. N83-04, E. LOUIS SCHUETTE� ASXLAND OIL- SUPERAMERICA� T�O SPLIT OFF THE NORTH 331 F£ET OF WEST 250 FEET OF THE WEST 500 FEET OF THE N 1/2 OF THE NE 1/d OF TNE SW I/4 OF SECTIDN 1?� T-30, R-24, C10UNTY OF ANOKA � BEING PART OF f�flAT IS NOW KlVOWN AS LOT 1� AUDITOR's SUB- DIVISION NO. B9,SUBJECT TO EASEMENT OF RECORD, TAE SAME BEING 7299 XIGNWAY N65 N.E. (PARCEL B), WITH TXE FOLLUWING STIPULATIDNS: 2. A BIKEWAY/iCAL1CWAY EASEMENT BE RETAINED AIANG 73RD AVE. 2. REMOVAL OF NAEGELE SIGN UPON LEASE TER1�lINATION UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED T1JE MOTION CARRIED UNANIl70USLY. 3. REVIEW OF A�, ORDINANCE ADOPTING A NEW CHAPTER 14� ENTITLED"PEDDLERS, SOLICITORS AND RANSIENT MERCHAN S; AND REPEALING THE LD CHAPT- ER—T4 �NTITLED "PEDDLERS" OF THE FRIDLEY CITY CODE IN ITS ENTIRETY Mr. Oquist stated he felt Ms. Schnabel's suggestion that the Community Development discuss this ordinance with the Chamber�of Commerce was an excellent idea. Mr. Boardman stated he would get a copy of the ordinance to the Chamber of Commerce informing them that the ordinance will be discussed at the Oct. llth Community Development Commission meeting. The Chamber can either respond by letter to Mark Burch, Asst. Public Works Director, or verbally at the Commission meeting. Ms. Schnabel stated discussion on this ordinance will be continued until after the Planning Comnission has received a report from the Community Development Commission. 4. RECEIVE SEPTEMBER 1, 1983, HUMAN RESOURCES COMMISSION MINUTES: JNOTION BY NR. GOODSPEED, SECONDED BY MS. GABEL, TO RECEIVE TXE SEPT. 1� 1983, XUMAN RESOURCES G10MMISSION NINUTES. , - UPON A VOICE VOTE� ALL VOTZNG AYE� CXAIRWOMAN SCNNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. , . � PLANNI��G COMMISSION MEETING, SEPTEMBER 28, 1983 PAGE 5 5. RECEIVE SEPTEMBER 8, 1983, HOUSING b REDEVELOPMENT AUTHORITY MINUTES: MOTION BY �IR. SABA, SECIDNDED BY MS. GABEL, TO RECENE Tt1E SEPT. 8� 1983, BOUSING 6 REDEVEIAPMENT AUTHORITY MINUTES. UPON A VOICE VOTE, ALL VOTZNG AYE, CNAZRiJOMAN SCHAABEL DECLARED TXE MOTION CARRIED UNANINOUSLY. 6. RECEIVE SEPTEMBER 20, 1983, APPEALS COMMISSION MINUTES: !�lOTION BY PlS. GABEL, SECONDED BY PII2. KONDRICK, TO RECEIVE THE SEPT. 20, 1983, JlPPEALS G�OMMISSION NINUTES. UPON A VOICE VOTE, ALL VOTING AYE� CNAIRWOMAN SCilNABEL DECLARED THE MOTION CARRIED UNANINOUSLY. ADJOURNMENT: �, 1�lUTION BY NR. SABA, SECONDED BY XR. GOODSPEED, Tb AA70URN THE INEETING. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWONAN SCXI►ABEL DECLARED THE SEPTEMBER 28, 1983, PLANNING CL�MMISSIDN MEETING AA70URNED AT 9;00 P.M. Respectfully submitted, �l�r zC � ��s Lynrie Saba Recording Secretary � � � . �. . �... t' �k t-'.,;� �`4:� �.� s :� 5�'.` �`," �.� � � � , . .. . . °i �i 2 7� , '*'e {' t ,' .'ifr �r �� . j _ . . �,, " L . . _ �� .,�;�,:;�.,� � :� , ;� �. � . 8 E . ��; _ .�� ;. . � �r SP #83-09 � I :.f , . -'�•�-.• � ��.�, _ -�.��. F.. . - . ,, � `�, r� , - _ . . . " � . . r � .w�'. 43-;."� � - ?�i`.. � . w' . i . .. . . � � := � �. �, ::. :,..,, � � ., � .: ` : Y - , . SUPERAMERICA � : � �. �: a°- �. . ', �� ;� .- �? _'� 7299 N i ghway #65 N . 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N --1 n � m _ �-+ � _ � a � rn � �. — Ys3.3c — 1t �',rli Nt r.r4 Srr 1�. N. nr, •w. ( 8 F ' • � ,S. �� - �'�\ 15 P�2cc-L .4 �i"� ,va.� 3�! a� �a� �'�(� X/s�� z� a� �l �' �!c ,u� O�T/f¢ I�ID�i�¢a5T �i�� T/1� �pv/�1i�t?5� Q4O/?'ly� �Ci�• 0 � o�lv�o� tS rJo•v �riavrl 05 LoT �, ��5 5u�✓/Sio� ,�u�,�,� B o�d f�,��',� �o.� / �� ;��f Quor� r o�i¢ �arrl�ii�s� Q�!�,' /Yrit a�'S�Q� ��jvvy �t/�r G5 Q/% �ii� v1 �a� IZ � �� 30 �o��¢ Z4 9 . � wr��l , , Ar,o1�a Cou�r! ��r.r��a • 5u6 fa rQO�t.a�st.�ranfs ovi� y- � f�a �oif1� �.o,o �f o.,rr,� ffia h/QSl �o.a��af ,4�so �u61� fo a,�ar �tata,�� 'vr�y. . �G � P� �C L f3 _._. - �d W� 2�. AO � I 4�1� /�OrTi7 � o �KC N0�7fjL�f� uQ Q o �' Q ,�r �� So�w�s1� Qu�.�av, 6¢iir o r� o whof �s now now �, Lof � .4�a/,�or's Si�6a�' . . `I /�/ � k � o-L �► � �YlSIG�! N�I�Dar 89 Oil� �?OT �f O�'T!X /t/ rT�r l o.� l�or�w�5 f G��y��rQr c�' �¢ SO�n�II�lQSf u,or�¢r l. _ �"�s� o�' S fQ N� !wQ y�,x,�xr �s � � y'"� . 30, �Qr� a 24 �i�� Y o�, Q ��2�� t �Cf o� �2, rw��i� r,,,,.� . � fy, ��QSo�Q, ��t �� or� 33� o0 . �iy6 f �v ro �"'' ��f or¢v �¢ 5�w�i So. a� � o�� f�c w��o•oo �'� � . /�15� �i6�ec� �o o1�a✓ ¢v�2manf5, /�4r! . y 8� Appeals Commission Meeting September 20, 1983 ___ Page 3 The Commission members present had no objection to this variance request. MOTION by Mr. Plemel, seconded by Mr. Barna, to grant the variance request to reduce the required side yard setback from 10' to 7' to allow the construction of a 12 ft. by 27 ft. enclosed porc�, on Lot 1, Block 4, Melody Manor 4th Addition, the same being 7553 Tempo 7errace N.E., Fridley Minnesota. UPON A VOICE VOTE, All V07ING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. � 2. REQUEST FOR YAR]ANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE. f0 REDUCE�'HE REOUIR�D PARKING L�ST SETBACK�€R�1�0 FEET ON_SIDE YAR� KBi1TTING R:6!�'-OF-NAY_ REDUCE THE REOUIRED PARKIN� L07 SETBACK FROM�O �EET TO 11 FEET Ot; REAR YARD ABUtT1NG A R]GHT OF WAY, At�D REDUCE THE LOT SIZE fROM�HE RE(1UlR�D—T�,�CRES3N'NT�NING�lIG►1T_IND�STRI�TL T0�35 ACRES, TO I�LLOW�HE COhSTRUCTION OF�1 SERYICE STATlO�� ON�E NORTH �31 FEET�TE 41-'EST�O��F�H� NORTH H�LF OF�fHE NORTHM'ESf�UARTfR OF THE_ SOUTHWEST� U�RTER.�EING A PART OF MHAT 1S NOr: KNO�1N A� L6T T. AUD 1 T OR' S SUB� l V l S�4N �9 ,�UBJ�C f�� E�CSEMEN'f S�F�E C4R� ,�'fHE SAME �E l NG T299 HIGHWAY �65 N. . RE�UEST FOR A VARIANCE ON THE REMAINING PARCEL� BECAUSE OF A PROPOSED LOT ` �PLIT 0 REDUCE�'fHE REOUIRED LOT S12E FRO'1 1',_ACRES�YOT-05�CCRES, LOCti�ED ON SH WEST 200 FEEf Of tHE NJRTH HALF OF THE NOP,IHEAST QUARiER OF THE SOUTHw'ESf QUARTERz BE�IN�7C PART OF MHAT 1�N0►�' KN��,"��CS LOTi, 1CUDl�6p'S �U6�IV1S10t� N0. 89. ExCEP� THE NORTH 331 FEETi SuBJECT TO EASEhEr�TS 6F RECOR��tif SAME BEfNG�201 HJGH�JAY �i65 N.-E.. FRIDLEY-1+1N�43�:� jRequest by�. loui s�chuefte- .1�.0. Box �41 , Co�fum`bus-. TN �T�0�0541) MOTION by Mr. Barna, seconded by Mr. Betzold, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:20 P.M. Chairperson 6abe1 read the Staff Report: •DMINISTR�TIOE ST�FF RBPOR? T299 Bighra� Ib5 1i.H. and 7201 Aighray i65 �•�• �. pQBLIC PURPOSE SERVED 81 RSQOIS�iT: 7299 �8�+a7 �5 �.E. Section 205.173. 1�� requires •�inimum lot area of not les� than three-fourtha (3/4) acre on plats recorded Defore January 1. 1983• puDlic purpose aerved Dy this requiremeat ia to provide adequate parking Rnd opea landscaped areas aa well aa to avoid conge�tion and to provide adequate sight clearances ia industrial areas. Section 205.174� #B, (1), require� all parking and hard aurface areas to be no closer than twenty (20) feet from aay atreet right of xay. PuDlic purpose aerved Dy thi� requirement is to reduce ♦isual pollution in areas adjacent to lot lines aad to separate parkiag areas with landscaped area�. 72ot Hi8hva7 �65 1.E. S�ctioa 205.1T3. t�. reQuirss �■ini�us lot •rea of not lesa than three-fourth� (3/�) acre on plata recorded Defore January t, 1983• 8I �peals Commission Meeting - September 20, 1983 Page 4 PuDlic purpo�e aerved Dy tDis requireDeat is to provide adeQuate parking anQ open landscaped areas as Mell aa to avoid congestion aad to provide adequate sight clearances in iadustrial areas. B. S?�TBD fl�RDSHIP: 'tiece�aary road right of ray dedication and its location in order to line up with ezisting roads� require abifting the development 15 faet to the vest. Tbe lot, Deiag a coraer lot� reQuires an additional parking aetback of 20 feet along the aide �ard.• C. �DNI]IISTR�TI�S ST�YF ItE►ZEY: �pplicant ia reque�ting a lot aplit in order to build a aervice atation on oae lot and market Lbe otber lot. The original parcel of land vas aDout 3.8 acres. Easementa ot 33 feet and 50 teet xere Leken for 73rd Avenue and 72nd Avenue respectively. ?his lef t 3.3 acre� remainiag. The lot aplit request will aecessitate additional ea�ement for • aerviee road. Subtracting Lhi� laad ltaves the lots �Dout 1.35 acrea and 1.05 acre� vhich are Eelov Lhe ■inimum requirement. No variaace to lot size xould De necessary if easements rere not taken. 9ariancea to the parking lot are due largely to t5e in�tallation of Lhe aervice drive. Tbe development Das Deen ehifted vesterly to provide the neces�ary Duilding aetDack and proper boulevard for anox atorage. Tbe lot, as currently propoaed, ia surrounded entirely Dy rigbt ot vay whicA reQuires a 20 foot aetDack instead of 5 teet. Staft recoma�ends appro�sl of theae ♦ariances vitb the atipulation that adeQuate land�caping ia inetalled and a 15 toot Dikeway/vallnray easement ia 6raated. Mr. Clark reported that the land is zoned light industrial and a lot split is being requested at the Planning Commission meeting on September 28,1983 and if it is granted, it would mean that the two remaining parcels would be less than the new code requires for M-I lot. He said the side yard variances are off the service drive and there is a large ditch and boulevard. He stated the petitioner is willing to grant a 15 ft. bikeway/walkway and willing to work with Planning on landscaping. He also stated petitioner has applied for a special use permit. Mr. E. Louis Schuette, Ashland Oil, Inc. (SuperAmerica) was present. Mr. Barna'said the property is accessible from 73rd without a service drive and the other property is accessible from 12nd witF�out a service drive. Mr. Clark stated the petitioner spoke with engineering and this was decided to be done. Mr. Schuette said he did rtot know how the road business got started and asked if a median was proposed near the intersection. Mr. Clark said it was. Mr. Schuette said that would hurt the property some as the�roadway is going to be expensive. He also said the marketability of the other property will be better if they have a way of getting into it and he had no objection to dedicating right-of-way or the landscaping. Mr. Clark said he did not know if the service drive was desired by the petitioner or the City. He cited the example of Lampert Lumb�r and tfiat there is a median down Osborne Road and they have no access to westbound Osborne Road. Mr. Plemel noted that Parcel 8 would be a SuperAmerica and that there are two stations across the highway. Mr. Clark said SuperAmerica is more than a service station. : Appeals Comnission Meeting - September 20, 1983 Page 5 Mr. Schuette said they have no plans for the other property until the service drive was in. He also said they have a new SuperAmerica logo. Ms. Gabel asked what the special-use permit was for and Mr. Clark said it was for a service station in an M-1 district. Mr. Schuette said they will have 24 hoses under the canopy and there wi11 be plenty of room, all the pumps would be self-service. Ms. Gabel asked Mr, Clark if he had any problem with the 20 to 11 ft on the rear yard a�d Mr. Clark did not. Ms. Gabel asked what SuperAmerica planned to do with the other property. Mr. Schuette said they hoped to market it but not until the roadway gets in. Mr. Clark said if ft wasn't for the service drive, they would not need any variances. Mr. Plemel wanted to know Nho requested the service drive. Mr. Barna also wanted to know as the hardsF�ip is caused by the service drive. Ms. Gabel said this might something that Planning has asked for. Mr. Schuette said it might be advantageous to have entra�ces from both streets. Ms. Gabel said it is most likely that the median will go in and the service�drive will be needed. Ms. Gabel asked about parking and Mr. Clark said there will be enough parking. Mr. Plemel questioned the future use of Parcel 8 and Mr. Schuette said they have no special plans, they are just doing one thing at a time and they have owned the property for years. Mr. Clark said the parking stalls could be 18 ft. instead of 20 ft. as they go into a curb. Ms. Gabel questioned special-use permit rather than rezoning. She also said the service drive seems like a wise way to go in terms of future traffic. Mr. Clark said this will go to Planning along with the lot split and special-use permit and to the City Council on October 17, 1983. There was much discussion at this time regarding the highway lanes, the turning lanes and their distance from parking. Mr. Clark suggested bringing the matter to engineering for review. Mr. Betzold noted that 11 ft. on south side of the lot is 21 ft. curb to curb and the five ft. on the north side is an actual physical 5 ft. Mr. Clark said thit 5 ft. is not part of the variance; that from the right- of-way to their curb is 20 ft. and the bikeway is not part of that 20 ft.; there is 5-1Q ft. from bikeway to their curb. Ms. Gabel said engineering has looked at this and signed off with no comment so they must believe there is adequate room to do what needs to be done. Mr. Clark said they could get five 12-foot lanes and a 5 ft. median; not much boulevard. Mr. Plemel felt the gas station would be a nice building and it was appropriate use but questioned the need for another gas station. Ms. Gabel said she had some reservations and the specific questions could be answered at the Planning Comnission meeting. Mr. Barna wanted to know who created the hardship, engineering or petitioner and if it was the petitioner then it negates the hardship. MOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearing. UPON A YOICE YOTE, ALL YOTING AYE, CHAIRPERSON GABEI DECLARED THE PUBLIC HEARING CLOSED at 8;55 P.M. Mr. Barna said he had no problem with the lot split due to the usage but he had a problem with the cutback readway and roadway causing the need for the variances that otherwise would not be necessary. The Cortmission members present felt they would like some specific answers from Jerry Boardman about what is going to happen with the road and felt if the lot split and special-use permit are denied then the plan isn't going to work. 8K Appeals Commission Meeting - September 20, 1983 Page 6 MOTION by Mr. Betzold, seconded by Mr. Plemel, that the Appeals Cortrnission recommend to the City Council approval of the variance requests to reduce the �equired parking lot setback from 20 feet on side yard abutting right-of-way; reduce the required parking lot setback from 20 feet to 11 feet on rear yard abutting a right-of-way, and reduce the lot from the required 1� acrea in M-1 zoning (light industrial) to 1.35 acres, to allow the construction of a service station on the north 331 feet of the west 250 feet of the north half of the northwest quarter of the southwest quarter, being a part of what is now known as Lot 1, Auditor's Subdivision 89, subject to easements of record, the same being 7299 Highway �65 N.E. �nd; to grant the variance request on tfie remaining parcel (because of a proposed lot split) to reduce the required lot size from 1� acres to 1.05 acres, located on the west 200 feet of the north half of the northeast quarter of the southwest quarter, being a part of what is now known at Lot 1, Auditor's Subdivision No.89, except the north 331 feet, subject to easements of record, the same being 7201 Highway #65 N.E., Fridley, Minnesota, with the stipulations that adequate land- scaping is installed and a 15-foot bikeway/walkway easement is granted. Discussion: Mr. Barna said he had a problem voting on the motion because he did not know if the hardship was valid or not. Mr. Clark said if the City wants the service drive the hardship is there and if the petitioner wants the service drive, the petitioner should meet setback requirements. Mr. Plemel noted that up until 1= months ago, this was enough area for light industrial. UPON A YOICE VOSE, ALL VOTING AYE, CHAIP.PERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. (This matter goes to Planning Commission on 9/28/83 and to the City Council on 10/17/83). ADJOURNMENT: Chairperson Gabel declared the Appeals Commission meeting of September 20, 1983 adjourned at 9:10 p.m. Respectfully submitted, Deb Niznik Recording Secretary SP #83-09 and L ;�: 83�04 Superamerica 7299 and 7201 Highway #65 �.E ; . N �--I a � m � .� G') 2 � D � � � � •tx.�( � //r!�/11�Ml�.l4tr�/ww.rrwr _ _.� 8L -V � CITY OF FRIDLEY PLANNING COMMISSION MEETING. OCTOBER 5. 1983 CALL TO ORDER• Vice-Chairperson Oquist called the October 5, 1983, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Mr. Oquist, Ms, Gabel. Mr, Svanda, Mr. Kondrick, Mr. Saba, Mr. Goodspeed Members Absent: Ms. Schnabel Others Present: Jerrold Boardman, City Planner Fred 8 Pam Lyons, 1019 - 121st Lane N.W. APPROVAL OF SEPTEMBER 28, 1983, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY P1R. GOODSPEED, TO APPROVE THE SEPT. ?8� 1983, PLANNING COMMISSION PIINUTES. Mr. Goodspeed stated the following sentence should be inserted on page 4, between the first and second paragraphs: "Mr. Goodspeed stated there was a Naegele billboard on the property, and he asked if this sign had to be removed." UPON A VOICE VOTE, ALL YOTING AYE� VICE-CNAIRPERSON OQUIST DECLARED THE MINUTES APPROVED AS AMENDED. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT SP l�83-10 BY F�ED R, LYONS: Per Section 205.T4�, 3, D, o�t�e Fri ley City ode, to allow a repair garage on Lot 4, Block 3, University Industrial Park, the same being 7948 University Avenue N.E. J�lOTION EY PIR. SABA� SEG�ONDED BY PlS. GABEL, TO OPEN THE PUBLIC HEARING ON SP �83-10 BY FRED R. LYONS. UPON A VOSCE VOTE, ALL VOTINC AYE, VICE-CHAIRPERSON OQUIST DECLARED THE PUBLIC HEARING OPEN AT 7:37 P.N. Mr. Boardman stated the location is on University Ave. in the new Paschke comnercial development. The repair garage would be located in one of the back buildings along Ranchers Road. The petitioner is proposing to set aside two bays within the development for a repair garage. Mr. Boardman stated a repair garage is allowed in C-2 zoning with a special use permit. Mr. Boardman asked Mr. Fred Lyons to explain his proposal. 0 � 9R PLANNING COMMISSION MEETING, OCTOBER 5, 1983 PAGE 2 Mr. Lyons stated they are proposing to open a mechanical repair shop. would be located in the back building of the Paschke developnent about midway in the building. There are cement walls on both north a�d south sides. The area is 2,400 sq, ft. He has talked to the fire marshall, there are no problems other than it has to be sprinkled and the normal required extinguishers at this time. It and Mr. Lyons stated the name of his business is Yehicle Maintenance Service (VMS), and he has been in business since May 1982. They are currently located at 127 - lst Ave. N.E, behind Ray Elliott Buick, but they have lost their lease. Because he has built up his clientele, he would prefer to stay in Minneapolis, but he has been unable to find another building in Minneapolis. He stated that about the middle of September, he got in contact with Jim Benson who got him in contact with Jerry Paschke. He and Mr. Paschke discussed the business and he now has a lease with Jerry Paschke if he gets approval for the special use permit from the Planning Commission and the City Council. Mr. Lyons stated his business is basic mechanical repair of cars and light trucks, similar to a repair garage. There will be no gasoline and no tires. Mr. Lyons stated he the past six years. Coon Rapids area. and his wife have lived in Fridley or Coon Rapids for They feel this type of business is needed in the Fridley/ Mr. Kondrick asked about the number of stalls. Mr. Lyons stated that out of the 2�400 sq, ft., 400 sq. ft, will be for office and reception area, and in the remaining 2,000 sq. ft.. there is room for about 4-5 stalls. Mr. Kondrick asked about parking. Mr. Boardman stated the parking is set up for commercial so that will give the Commission an indication of the number of stalls in the Center. , Mr. Lyons stated there are 265 strip parking stalls in University Industrial Park. Mr. Soardman asked if there would be any vehicles sitting in the parking lot. Mr. Lyons stated the cars are usually in in the morning and out by evening. The exceptions are when they have a problem getting parts or they are unable to reach the owner� or there is a major repair. He stated Jerry Paschke was very specific that there be no cars sitting outside, especially over- night, and that the cars be kept inside. Mr. Lyons stated that all cars will be kept inside. Ms. Gabel asked the hours the business would be open. Mr. Lyons stated they will be open 7 a.m. to 6 p.m., Monday through Friday. . • PLANNING CONPIISSION MEETING, OCTOBER 5, 1983 PAGE 3 Ms. Gabel asked about the exhaust system that will be used. Mr. lyons stated the exhaust system is a blower that sits on the floor and it exhausts out the back door similar to what is used in a gas station. Mr. Saba asked if there would be any outside storage of parts. Mr. Lyons stated there will be no outside storage of parts. Mr. Kondrick asked about signage. Mr. Boardman stated the signage is limited based on the sign plan for the complex. NOTION BY !�lR. SABA, SECONDED BY PIS. GABEL� TO CIASE THE PUBLIC HEARING ' ON SP N83-10 BY FRED R. LYDNS. UPON A VOICE VOTE, ALL VOTINC AYE, YICE-CXAIRPERSON OQUIST Z?ECLARED THE PUBLIC HEARING CIASED AT 7:55 P.PI. Mr. Saba stated this sounded like a very good,clean operation� and he would be in favor of approving the special use permit. MOTION BY INR. SABA� SECONDED BY J�t. SVANDA, TO RECQMMEND TO CZTY COUNCIL APPROVAL OF SPECIAL USE PERMIT REQUEST, SP MB3-10, BY FRED R. LYDNS, PER SECTION ?05.141� 3, D, OF TdE FRIDLEY CITY CODE, TO ALLOW A REPAIR GARAGE ON IAT 4, BLOCK 3, UNIVERSITY ZNDUSTRIAL PARX, THE SAME BEING 7948 UNNERSITY AYENUE N.E.� WITH THE FOLLOWING STIPULATIONS: 1. NO OUTSIDE STORAGE OF GARBAGE CONTAINERS 2. ND OUTSIDE REPAIR OF CARS 3. NO OVERNIGHT STORAGE OF CARS OUTSIDE THE BUILDING 0. STAFF REVIEW OF SPECIAL t1SE PERMIT AFTER ONE YEAR UPON A VOICE VOTE� ALL VOTINC. AYE, VICE- CXAIRPERSON OpUIST DECLARED TXE NOTIOA' CARRIED UNAIVSMOUSLY. . Mr. Oquist stated this item would go to City Council on Oct. 17. 2. CONTINUED: REVIEW OF AN ORDINANCE ADOPTING A NEW CHAPTER 14, ENTITLED PED�JLERSL SOLICITORS, AND TRANSIENT MERCHA�ITS": AND REPEALING THE OLD CHAPTER 14 ENTITLED ''PEDDLERS OF THE FRIDLEY CITY CODE IN ITS ENTIRET This item continued until a report is received from the Canmunity Develop- ment Commission. 3. RECEIVE SEPTEMBER 20, 1983, ENVIRONt�ENTAL QUALITY C4MMISSION MEETING: MOTION BY I�II2. SYANDA, SECONDFD BY JyS. GABEL� TD RECEIVE THE SEPT. 20� 2983, ENVZRONMENTAL Qi1ALITY COMMISSIOt� 17INi1TE5. / fIPON A VOICE VOTE, ALL VOTZNG JlYE� VZCE-CHAIRPERSON OQUIST DECI.ARED TXE XOTIDN CARRIED UNANIJyDUSLY. u PLAN^�IriG COMMISSION MEETING, (' ADJOURNMENT• MOTION 8Y lII2. KONDRICK, SECAN: 11 VOI EC VOTE, ALL VOTING AYE, pIANNING COMNISSIQN NEETING A. � Resp ctfully submitted, . �► Lynn Saba Recording Secretary TMe e�tv os FRI L Y TE ROM UBJECT DiFiECTORATE � PUBLIC WORKS October 13, 1983 ,...., John Flora SP #83, Fred Lyons TO 9� MEMORANDUM ACTIONI INFO• At the October 5, 1983 meeting of the Planning Commission they recommended approval of a Special Use Permit for a repai¢ garage at 7948 University Avenue N.E. with four stipulations: 1. No outside storage of garbage containers 2. No outside repair of cars 3. No overnight storage of cars outside the building 4. Staff review of Special Use Permit after one year I would recorm�end that the Special Use Permit be authorized for three years, and the staff review it after one year. If there are no problems, the Special Use Permit could be extended for another three year period by Council action. Three major outstanding deficiencies are associated with this development. 1. Landscaping between 7920 and 8000 building complexes 2. Relocating the pylon sign to comply with code setback criteria 3. Combining parcels 4, 5 and 6, and 7 and 8, Block 3 The landscaping was a stipulation of the building permit and was required as a result of Mr. Paschke selli�g the 8000 property and not constructi�g a duplicate facility as originally proposed. He has delayed completion of the landscaping twice. The pylon sign was approved with the complex sign plan. However, it was installed closer to the curb than in the plan, or in our code. The relocation has been delayed once to date. The individual lots under the respective buildings need to be combined for tax purposes. JGF/de �_J L oc AT�oN w. �v* c�► sFC.t '� � -� -- - - _ - ._ ei , 0 ,� , 'i. � ,� i� ,, �� !, ., , L___ . -- — ._ I �_ ��_ — -- - - ;w= :. . �� i � � i� � �' �.�.;> �,�„ �. � ,..�,...� J I ._\ — — -- ,—. � ��/�•«r�ta+r � � � � • i 1 . � � ' . + i► 1 t � � � �� +,• � � ' , R 789r ' �e8o � s �� t I � / . , � ` 'i � — � - -�7►1� ��- - 18� s' .� � 3 � � ;� � � r , � � �� 1 ( A t � �i�w �� .�w. r � ♦� r � �' � SP #83-10 Fred Lyons 5 Block Lot 4, Block 3 University Industrial Park •� � .�. �. �. . r�'� . _ t � : - - - - �•r •, y� ��. ��.' •r 1 .� � •r , _ •s � . � , �� ,. i ` "� ' ` � � .. � �4 � - , ,'��'t 'k�- , � �'•`` �� ._ . -. e • •� � 4 . , � � . � - � . - •: � � 0 Z � � � i�;' � . � �G, W ,.'� ^ � > , '' � . Q t �r; . 3 � � � , p • W � R� < � �'. 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Y i`- - l.r._ � �.1C � �J � /1 �rauue �: ��. 4�� Z � �i�!L �C �✓ l.� f_� . �-(l�l.ri � I�'-z�`+�%�',1� _-- a: 1: J.):��'. il .:� ,'�3 10 NEMO T0: John Flora, Public �orks Director HEMO FROM: Bob Nordahl, Operations Analyst l�MO DATE: October 12, 1983 SfJBJECT: Civic Center Sprinkler System Recommendation On October 5, 1983, at 11:00 a.m., bids rrere opened and read aloud for the Sprinkler System to be installed in the loWer level of the Civic Center and for the Fire Department. The Dids are tabulated on the attached summary sheet. Schwickert�s Inc. Was the lo� bidder at �15,800.00 and have determined that the bid is a responsible bid. I have contacted Dave Morrill of Alcar Interprises in Rochester, I+�l, �rho recently aWarded contracts to Sch�ickert's to install sprinkler systems into trro of their buildings. He stated that SchWickert's had completed the �ork on time and Was extremely pleased With their �►orl�anship and materials supplied. Also I contacted Don Sraift of SWift Systems in Fairmont, MN. He stated that SchWickert's Inc. had completed a sprinkler system for their building and Was completely satisfied With their work. After checking over their bid documents and contacting these companies, I recommend Lhat the City of Fridley enter into a co ntract with Schwickert's Inc. for installation of the Civic Center and Fire Department Sprinkler System project in the amount of �15.800.00. If you need any further information� please let me know. BN/mh ATTACH: 1 � � Bid Openers Jofin Flora 10 A Robert Nordahl Carol Williams CITY OF FRIOLEY 1983 CIYIC CENTER SPRINKLER SYSTEM PROJECT ' Bid Opening: October 5, 1983 11:00 AM PLANHOLDER BID DEPOSIT s TOTAL , Arrow Sprinkler Inc. Firebird Sprinkler Protection Co NewMech Industries Independent Fire Protection Inc. Automatic Sprinkler Corp. Carlson Automatic Fire Protection 6rinnell Automatic Sprinkler Olson Fire Protection Gorham-Oien Mechanical Inc. Nayes Contractors Inc Industrial Sprinkler Corp Midwest Fire Protection Inc PMC Automatic Sprinkler Co Viking Automatic Sprinkler Eagle Automatic Sprinkler Co National Automatic Sprinkler Schwickert's ; ,— No Bid 5A - St. Paul 23.600.00 No Bid No Bid No Bid 5� - Federal Ins. 17� 733.00 5a - Inland Ins. 23,813.00 5% - Inland Ins. 18,300.00 5� - Wausau Ins. 22,200.00 5% - United Pacific 25,370.00 5� - United Fire 8 24,770.00 Casualt No Bid 5� - Chubb Gnoup 20,590.00 No Bid 5% - Continental Ins. 19,997.00 5� - American � 15,800.00 Institute —_ RESOLUTION N0. - i983 RESOLUTION SUPPORTING THE METRO WIDE LICENSING OF TAXICABS WHEREAS, taxicab licensing is currently handled by individual municipalities, aad WHEREAS, this process leads to confusion and difficulities in the control and regulations of taxicabs, and WHEREAS, this proeess has resulted in the restraint of trade in the Metropollitan area, and WHEREAS, this process does not fully service the citizens of the City of Fridley, NOW, THEREFORE, BE TT RESOLVED, that the City Council of the City of Fridley recommends that a mechanism be established io a11oW each municipality to administer and license taxicabs under uniform regulations. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983• ATTEST: SIDNEY C. INMAN - CZTY CLERK 4/0/2/9 d WILLIAM J. NEE - MAYOR 11 � EXAIBIT A RESOLUTION N0. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVEL- OPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTAORITY FOR APPROVAL, AND AUTAORI2ING PREP- ARATION OF NECESSARY DOCUMENTS (SKY4100D �'.ALL PROJECT) BE IT RySOLVED by the City Council (the "Council") of the City of Fridley, Anoka County, Minnesota (the "City"). as follows: 1. It is hereby found, determined and declared as follows: 1.1. The welfare of the State of Minnesota (the "State") requires active promotion, attraction, en- couragement and development of economically sound in- dustry and �ommerce through governmental acts to pre- vent, 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 by local governmental units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from t�xation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. 1.2. Technological change has caused a shift to a significant degree in the area of opportunity for edu- cated 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 of the City, 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, educated personnel of mature age to areas where their services may be effectively used and compen- sated and the lessening attraction of persons and busi- nesses from other areas for purposes of industry, com- merce and tourism will depzive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. �� 1.3. The increase in ern:nental services requires development ana use of land base to finance these costs. the amount and cost of gov- thz need for more intensive to provide an adequate tax 1.4. Skywood Mall, a Minnesota partnership (the "Company"), has advised this Council that it desires to renovate and construct a mall, office building and hotel and related facilities and to acguire equi�:nent to be installed therein (the "Project"). 1.5. The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an in- czease in opportunities foz employment for residents of the City. 1.6. The City has been advised that conventional, com;nercial 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, but that with the aid of munici- pal financing and its resulting low borrower cost the Project is economically more feasible. 1.7. This Council has been advised by a repre- sentative of Piper, Jaffray & Hopwood, Incozporated, of Minneapolis, Minnesota and Miller Securities Incorpo- rated of Minneapolis, Minnesota, that on the basis of information submitted to them and their discnssions with representatives of the Company and potential buyers of tax-exempt bonds, industrial development revenue bonds, notes or other obligations of the City could be issued and sold upon favoLable rates and terms to finance the Project. 1.8. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds, notes or otner obligations to finance the cost, in who]e or in part, of the acquisition, construction, teconstruction, inprove- ment or extension of capital projects consisting of properties used and useful in connection with a revenue- producing enterprise, such as that of the Company; the issuance of such bonds, notes or other obligations by the City would be a substantial inducement to the Com- pany to construct its facility in the City. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds, notes or other obligations under' the provisions of Chapter 479 to _ 2 - finance the Project of the Company at a cost presently esti- nated not to exceed $7,000,000. 3. The Project is hereby given preliminary approval by the City and the issuance of the bonds, notes or other obli- gations for such purpose and in such amount is hereby approved, subject to approval of the Project by the Minne- sota Energy and Economic Development Authority and the mutual agreement of this body, the Company and the initial purchasers of the bonds, notes or other obligations as to the details of the bond issue and provisions for their pay- ment. In all events, it is understood, however, that the bond, notes or other obligations of the City shall not con- stitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, and each bond, note or otfier obligation when, as, and if issued shall recite in substance that the bond, note or other obligation, including interest thereon, is payable solely from the reve- nues received from the Project and the property ple8ged to the payment thereof and shall not constitute a debt of the City. 4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7(a), the Mayor is hereby authorized and directed to submit the proposal for the Project to the Min- nesota Energy and Economic Development Authority for approval of the Project. The Mayor, the City Clerk- Treasurer, the City Attorney and other officers, employees an3 agents of the City are hereby authorized to provide the Minnesota Energy and EconomiC Develop�ent Authority with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Minnesota Energy and Economic Development Authority. PASSED n.P1D ADOPTED BY THE CITY COU�JCIL OF THE CITY OF FPIDLEY TI:IS DAY OF , 1983. Attest: Sidney C. Inman City Clerk-Treasurer - 3 - William J. hee ' Mayor �B RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE AN INDUSTRIAL DEVELOPMENT PROJECT (JOHNSON PRINTING PR03ECT) WHEREAS, Johnson Printing & Packaging Corp., a Minnesota corporation (the "Company") has presented the City Council {the "Council") of the City of Fridley, Minnesota (the "City"), with information concerning a proposed project (the "Project") within the City; an� WHEREAS, the Company has requested that the City issue industrial development revenue bonds or notes to provide financing to the Company for the Project: NOW, THEREFORE, BE IT RESOLVED BY THE FRIDLEY CITY COUN- CIL AS FOLLOWS: 1. This Council will conduct a public hearing on the proposal to undertake and finance the Project, as �escribed in the Notice of Public Hearing attached hereto as Exhibit A (the "Notice"). 2. The City Clerk-Treasurer is hereby authorized to cause the Notice or a notice in substantially the same form thereof to be published in the City's official newspaper and in a'newspaper of general circulation in the City not more than 30 nor less than 15 days prior to the date of the pub- lic hearing specified in the Notice. 3. The City Clerk-Treasurer shall file in his or her office, and there make available for public inspection fol- lowing the publication of the Notice, a draft copy of the application for approval of the Project, including all re- quired attachments and exhibits, proposed to be made to the Minnesota Energy and Economic Development Authority. PASSED P.�lD ADOPTED GY Tt'E CITY COL'f:CIL OF THE CITY OF FRIDLEY iHIS DAY OF , 1983. 6tILLIR�� J. �lEE, �'.�1YOR pTTEST: SIDIJEY C. INt'A�!, CITY CLEP.I: 13 13 a EXHIBIT A Notice of Public Hearing Industrial Development Revenue Bonds City of Fridley, Minnesota Notice is hereby given that a public hearing will be conducted by the City Council of the City of Fridley, Minne- sota, at the Fridley City Hall, 6431 University Avenue NE, Fridley, Minnesota, at a meeting of the City Council to be held on Monday, November 21, 1983, commencing at 7:30 o'clock p.m., C.T. At the public hearing the Council will consider a proposal that the City assist the financing of an industrial development project by issuing its bonds pursuant to Minnesota Statutes, Chapter 474. The proposed project is the acquisition and installation of equipment for a commercial printing facility to be lo- cated at 40 77th Avenue NE, Fridley, Minnesota, by Johnson Printing b Packaging Corp., a Minnesota corporation, as Bor rower . I t is proposed that the C i ty make a loan to the Borrower to assist financing the Project from the proceeds of an issue of the City's industrial development revenue bonds or notes in an amount not to exceed $2,000,000. If issued, such bonds would be payable solely from loan repay- ments to be made or secured by the Borrower. A draft copy of the proposed application to the Minne- sota Energy and Economic Development Authority for approval of the project is available for public inspection in the office of the Fridley Clerk-Treasurer. All persons appearing at the public hearing will be given an opportunity to present their oral or written com- ments on the proposal that the City undertake and finance the project. � By Order of the Fridley City Council By /s/ Sidney Znman City Clerk-Treasurer 14 '� FOR CONCURRENCE BY THE CITY COUNCIL -- CLAIMS CLAIP; ��P�;BERS �715C3 - 288N,11 � ` FOR CONCURRENCE BY THE CtTY COUNCIL October 17, 1983 �pe Of License• �: Cigarette Stuart Anderson Cattle Servomation Corp. Co.Restaurant 5696 University Ave.N.E. Fridley, Mn. 55432 - Food Establishment Lynn's Cake & Candy Supplies Stephen J. Kraatz 7830 University Ave.N.E. Fridley, Mn. 55432 0 Approved By: -- LICENSES James P. Hill Public Safety Director Steven J. Olson Health Inspector Fees: 512.00 535.00 15 � FOR CONCURRENCE BY THE CITY COUNCIL � Oc�ber 17, 1983 GAS SERVICES Z�ain City Gas Heat 5108 - 197th Avenue N.E. Wyaninq, 1rIIJ 55092 Ken Zi t�ow 1096 Harrison Street Shakopee , I�I 553 79 GEIVERAL CONTRAC'I'OR B & K Builders 1500 - 14th Avenue NW New Brighton, 1�1 55112 Contractor's Cooperative 2354 Main Street Coon Rapids, IrIIJ 55433 East Central Builders P.O. Box 144 Zimmerman, t�ff7 55396 Panelcraft of Minnesota, Inc. 2309 Snelling Avenue South Minneapolis, t�IIV 55404 HEATING Ken Zi tzow 1096 Harrison Stxeet Shakopee, I�IId 55379 ROOF ING Mortenson Hame Zmprovement 236 Madison Street, Apt. #3 Anoka , t�IId 5 53 03 GENERAL CQNTRACTOR DAEX Construction 4332 Washington Stseet Columbia Heiqhts, t�l 55421 Craig Tellers Construction 19360 Norfolk Elk River, 1�II�1 55330 MASONRY Jedneak Construction Co. R�ute #2, Bax 323 Zimmerman, Nff�I 55398 By: Tony Johnson By: Ken Zitzow By: Donald Karpinski By: Daniel Gladu By: Hezman Jedneak By: Lloyd Stimpson By: Ken Zitzow By: Jon Mortenson By: James Prokopowicz By: Craig Tellers By: Herman Jedneak -- LICENSES APPROVED HY WILLIAM SANDIN Plbg.-Htg. Insp- WILLIAM SANDIN Plbg.-Htg. Insp. IaARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. W ILLIAM SANDIt7 Plbg.-Htg. Insp. DARREL CLARK Chief Bldg. Ofc. IaARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. 1� A �► ].5 � _ FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES October 17, 1983 RESIDENTIAL RENTAL PROPERTY OWNER LOCATION OF BLDG. UNITS FEE APPROVED BY W. Roland Little 5780-90 - 22 Street 2 �24.00 S. J. Olson, 9240 University Ave. NW Environ.Ofcr. Apt. 234 Coon Rapids, MN 55433 Joseph Sinigaglio 5191-93 - 3rd Street 2 24.00 " " 4715 - 3rd St. NE Fridley, MN 55421 Leslie Jorgensen 6061-63-65 - 3rd Street 3 36.00 " " 1410 4th St. NE Mpls, MN 55413 Naeem Qureski 5600-02-04-06 - 4th 5treet 4 36.00 " " S &R Investment 4506 Orchard Ave. N. Mpls, MN Norre Inc. 218 - 57th Place 1 18.00 " " c/o Fae M. Neff 9116 Westmoreland Lane St. Louis Park, MN 55426 Daniel G. Nelson 6070 Central Avenue 1 12.00 " " 6080 Central Ave. NE (rear) Fridley, MN 55432 Same owner as above 6070 Central Avenue 1 12.00 " " (front) Bruce J. Herrick 4551 Main Street 1 12.00 " " 4551 Main St. NE Fridley, MN 55421 Roy Crowell 1241-1243 Norton Avenue 2 24.00 " " 332 - 2nd Street Excelsior, MN 55331 lfi � �FOR CONCURRENCE BY THE CITY COUNCIL " ESTIMATES t � Herrick & Newmail, P.A. 6279 University Avenue, N.E. Fridley, Minnesota 55432 For legal servioes rerxiered as City Attorney for the month of Septenber, 1983 $1,861.20 � ViA61l C. N[11111CK OAVID �. N[WMAN ,►AMES E. iCMMEGtt►[►l11 HERRICK 8c NEWMAN, P.A. wrTOeMns �r uw October 5, 1983 City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 September Retainer: HOURS IN EXCESS OF 30 AT $50.00 PER HOUR: EXPENSES ADVANCED: Clerk of District Court re Metro k'aste Control: Transcript re Wise: � 88 xerox copies: BALANCE DUE: �i71 UNIVE113�TY AV(NU� N.E. Fq10LEY, MINNESOTA SS4�2 571-�lSO $1650.00 107.50 7.00 83.50 13.20 $1861.20 16 A