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10/15/1984 - 5218OFFICIAL QTY �ITNCIL AGIIJI�1 QXIDTCIL N�ETIlaG OCII7BER 15, 1984 fRIOLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADORESS AND ITEM NUMBER INTERESTED IN DATE: October 15._1984 NAME ADDRESS � I7EM NUMBER ______________________________________________________________________________________________=� � � � �� . , :�q►� cr % � � r � �' �.,_ _�. %y��. -��.�C.G��t�!f�.. �� . / f.r' .�' ,`�.i ,. . / �� .�/ "' ... ---"� ; i ; ' _`"'°_`�.,'. _� t_ `?�--1------ ^ ��_ C ti �---U i�J S� �=r.�,rr �-i� � M � lc..� I i ,�.i t.c, �.o—v,--,.� � �f� .� �'3 �`� �l � .� �i�� l� '.C:� k:�- `7 � � �=� � � ' 1 f' � 4 � : ° ":, i . J� � .j ` � _�'� S7 l/ � � , , f r� . �-� {,�� *---,. t �� ( i` f 7 ,� i'�4'w", j1 �3r',�,�„tti , � � �3 6 �... , ,+ r '. � 1./.QJC.J►h� �i� /Y<' � � S' ; ��/� i� E OG � f.L �'1 `/ , � � .L>�;. L,.� ,..�. 0 c 1 � ;I;^L I� Council Meeting. October 15, 198a Public Hearing on the issuance of a regular On-Sale Liquor License to Mr. Steak in Fridley, 5895 University Avenue N. E . . . . . . . . . . . . . Hearing opened at 7:38 P.M. Closed at 7:40 P.M. rFNTgAL. SERVS E--ACTION TAREN: License issued as approved under "Licenses" section of agenda • � , Consideration of Variance Request to Reduce the Side Yard Setback at 5900 Main Street NE by Gerald H. Johnson (Tabled 9/24/84, 10/1/84) .. Variance approved with stipulation. PUBL•IG WORRS--ACTION TAREN: Appl icant Inf ormed of Council approval with stipulation Page 2 . . . . 1 . . . . . 2 - 2 H Consideration of Appointment to Community Development Cor,►mission (Tabled 10/1/84) . . . . . . . . . . . 3 Item tabled PUBLTG WORKS--ACTION TAKEN: Item placed on Nov. 5 agenda f or consideration , . ► Consideration of First Reading of an Ordinance f or Rezoning Request, ZOA �84-03 Godfather's Pizza, 5151 Central Avenue NE, by Ral ph Allen ....... Ordinance approved on first reading. Staff to work with owner to acquire additional property PUBL•TC WORKS--ACTION TAREN: Working with owner as requested. Item put on next agenda for consideraton of second reading of ordinance . . . . 4 - 4 G Council Meeting, Oct�ober� i5, 1984 Consideration of an Emergency Ordinance for Expending Fund to Purchase Beer and Install Beer Coolers . . . . . . . . . . . . . . . . . . . . Energency Ordinance No. 819 adopted after changing Ordinance amount to read "not to exceed $62,000" �TTv NLANAGER--ACTZON T1�REN: Ordinance corrected as directed and published c'FNTRAL SERVTGF--AGTION T1�REN: Proceeding with expending f unds as authorized . . . Receiving the Minutes of the Planning Commission Meeting of September 26, 1984 . . . . . . . . A. Consideration of Special Use Permit, #84-15 to Allow an Outside Boat Yard and Patio Furniture Display at 6319 Highway �65 byLift Ski and Bike ................................ 6 p�annina Commission Recommend�tion: Approval & 6I with Stipulations ,�ouncil Action Needed: Consideration of Recommendation Special Use Permit approved with stipulations PUBLTG WORKS--ACTION TAREN: Applicant Informed of Council approval with stigulations . - 6C - 6K Page 3 5 - 5 C 6 - 6 N B. Consideration of Special Use Permit, #84-17 to Allow Expansion of the Parking Lots of Unity Hospital, and Professional Building on Osborne Road by John Haines ............. 6C - 6D P�ann�ng Commission Recommendation: Approval & 6L - 6 N with Stipulations co�nc�? Action Needed: Consideration of Recommendation Special Use Permit approved with stipulations pj]BL•TG WORRS--ACTIOH TAREN: Appl icant inf ormed of Council �pproval with stipulations Council Meeting, October �5� 1984 (Planning Commission Minutes Continued) C. Consideration of Vacation Request, SAV #84-03 to Vacate part of 73rd Avenue, Minco Products by Rarl Schurr ....................... P� nninq Commission Recommendation: Approval with Stipulations co�nci� Action Needed: Set Public Hearing f or November 5, 1984 Set Hearing for November 5, 1984 PUBL•TG WORKS--ACTION T1�REN: Publ ic Hearing Set for Nov. 5 Council 0 6 G Page 4 Receiving the Minutes of the Planning Commission I�feeting of October 3, 1984. . . . . . . . . . . . 7 - 7 L A. Consideration of Rezoning Request ZOA #84-04 to Rezone from M-1 to C-Rl to Allow a Professional Building at 6095 East River Road By Larry Perlick ......................... P�anning Commission Recommendation: Approval with Stipulations c'o�ncil Action Needed: Set Public Hearing for November 5, 1984 Set hearing f or November 5, 1984 PUBLTG WORRS--ACTIOH T�KEN: Public Hearing Set for Nov. 5 Agenda B. Consideration of Special Use Permit SP #84-18 to Allow a Second Accessory Builciing Plann?ng1Commission Recommenciat?on:FaApproval• � • • • � & with Stipulations �ounc�� Action Neede�: Consideration of Recommendation Special Use Permit approved with stipulations PUBL•T WORRS--ACTIOH TAREN: Appl icant inf ormed of Council approval with one stipulation. 7 - 7B 7C - 7E 7J - 7L Council Meeting, October i5, 198� Page 5 � � � ► •t r -• (Planning Commission Minutes Continued) C. Consideration of Vacation Req uest SAV #84-04 to Make a Pool Location and Retaining Wall at 1571-61st Avenue NE byThomas & Kathy Shelton ........................... P�annina Commission Recommen8ation: Approval with Stipulations c'ouncil Action Needed: Set Public Hearing for November 5, 1984 Hearinq set for November 5, 1984 rF�mRAr. sFRVTGE--ACTION TAREN: Arrangements made f or public hearing 7F RECE NING REPORT FROM STAFF REGARDING CREEK RIDGE PLAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.1 The report was received by the City Council PLIBL.T WORxS--ACTION TAREN: Action Completed Receiving the Minutes of the Charter Commission Meeting of April 16, 1984 . . . . . . . . . . . . . . . . . . 8 - 8 H Minutes were received PUBL•TC WORRS--ACTION TAKEN: Minutes Filed. Receiving the Minutes of The CATV Commission Meeting of September 20, 1984 . . . . . . . . . . . . . . . . 9 - 9 E Minutes were received PUBL•TG WORRS--ACTION TAREN: Minutes Filed Consideration of Setting a Public Hearing for a Vacation of Part of Able Street for November 5, 1984 . . . . . . . . . . . . . . . Public hearing set f or November 5, 1984 Di1RT.Tf wnRxs--ACTZON TAREN: Public Aearing on Nov. 5 Council Agenda. . � . . . . . 10 - 10 B �� Council Meeting, October 15, 1984 Page 6 ► , •, � -. Consideration of Change Order No. 2, Fridley Garage & Storage Facility for the Heating System . . . . . . . . . . . . . . . . . . . . . . . . . . . Change Order No. 2 approved gt�BL.TG WORRS--ACTION TAREN: Contractor Informed _ of contract change 11 - 11 B Consideration of Approval of Comprehensive Sign Plan for 7570 Highway #65 . . . . . . . . . . . . . . . 12 - 12 A Sign plan approved PfIRT.T� WORKS--ACTION TAREN: Appl icant Inf ormed of Council approval of plan Consideration of a Resolution to Advertise for Bids f or a Sidewal k Snow Blower Machine and f or Quotes on a Diamond Plow . . . . . . . . . . . . . . . . . . Resolution No. 120-1984 adopted prigL.TC WORRS--ACTION TARENs Proceeding as authorized Consideration of a Resolution Authorizing the Issuance of $7,730,000 City of Fridley Industrial Development Revenue Bonds (North Freeway Investors). .... Resol ution No. 121-1984 ado pted �F�TRAL. SERVICE--ACTiON T1�REN: Informed North Freeway Investors of Council approval of Bond Issuance 13 - 13 B 14 - 14 G � i� Council Meeting, October.l5, 198� Page 7 . Consideration of a Resolution Approving and Authorizing the Execution of an Amendment to an Allocation Agreement with North Freeway Investors and to River Road Investors . . . . . . . . . . . . . . . . . 15 - 15 C Resolution No. 122-1984 adopted ��:NTRAr. SFgVTCE--ACTION TAREZL: Amendment exe- - cuted to allocation agreement as approved Consideration of a Resolution Authorizing Submission of the Grant Application and Execution of the Grant Agreement--Anoka Tri-City Alcohol Countermeasure A.T.A.C. .. 16 Resolution No. 123-1984 adopted pnr.T('F. DEPT--ACTION TAREN: Grant being processed. Consideration of a Resolution Authorizing and Direct- ing the Splitting of Special Asessments on Parcel 415, Part of Lot 1, Auditor's Subdivision No. 89 ......... 17 - 17 B Resolution No. 124-1984 adopted �FNTRAL. SERVTGE--ACTIOI� TAREN: Proceeding with splitting assessments as authorized and Lot Split will be sent to the Anoka County Auditor. Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Approved �FNTRAr. SF.RVTGE--AGTION TAREN: Claims paid as authorized ■ � Council Meeting, October 15, 1984 �l. ► • � � - . Page 8 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19 C Approved r�;�TRAL SER��TGE--ACTiON TAREN: Licenses issued as authorized Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20 C Approved ' rFNTRAt• SERVICE--ACTION TAREN: Estimates paid as authorized ADJOURN: 9:40 P. M. COUNCIL MEETING. OCTOBER 15. �:�84 . . �. , . . �. PAGE Z PUBLIC HEARING ON THE {SSUANCE OF A REGULAR ON-SALE LI�UOR LICENSE TO MR. STEAK IN FRIDLEY, 5895 UNIVERSITY AVENUE N.E. . . . . . . . . • • . . • � � • � � 1 : i► ► CONSIDERATION OF VARIANCE REGIUEST TO REDUCE THE SIDE YARD SETBACK AT 5900 MAIh STREET NE BY GERALD H, Jo��tsotv (TAB�E� 9/24184, 10/1/84) ....... 2- 2 H CONSIDERATION OF APPOINTMENT TO COMMUNITY DEVELOPMENT COMMISS{ON (TABLED 10/1/84). . . . . . . . . . • 3 . : r CONSiDERATION OF FIRST READING OF Alv ORDINANCE FOR REZONING REQUEST, ZOA �$4-03 GODFATHER'S PIZZA. 5151 CENTRAL AVENUE NE. BY RALPH ALLEN . . . . . . . . . . . 4 - 4 G COUNCIL MEETING, OCTOBER 15, 1y8� ► a : ► �i ► � PA�E 3 CONSIDERATlON OF AN EMERGENCY ORDINANCE FOR EXPENDING FUND TO PURCHASE BEER AND INSTALL BEERCOOLERS . . . . . � � . . � . . . � . . . . . � . . . . 5 - 5 C RECEIVING 7HE NINU7ES OF THE PLf�NhiNG COMMISSION MEETING OF SEPTEMBER 26, 1984 . . . . . . . . . . 6 - 6 N A. CONSIDERATION OF SPECIAL USE PERMIT, �84-15 TO ALLOW AN OUTSIDE BOAT YARD AND PAT{0 FURNITURE DI5PLAY AT 6319 H�UHwAY �165 BYLIFT SKI AND BIKE...........�.........•.......••� b- 6C p� ^":"; ;":� CQMM I SS 10N RF�OMMENDAT I OfV : APPROVAL � 6 I- 6K WITH STIPULATIONS �it�NCIL ACTION NEEDED: CONSIGERATION OF P.ECOM�IENDAT I ON 0 B, CONSiDERATION OF SPECIAL USE PERMIT, #84-17 TO ALLOW EXPANSION OF THE PARKING LOiS OF UNITY HOSPITAL. AND PROFESSIONAL BUILDING ON OSBORNE Roao BY �OHN HAINES ............. 6C - 6D eLANNING COMMISSION RECOMMENDATION: APPROVAL & 6L - 6 f: WITH STIPULATIONS �OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION COUNCIL MEETING, OCTOBER 15. 1984 � : ► •� ► � (PLANNING COMMISSION MlNUTES CONTINUEO) C. CONSIDERATION OF VACATION REDUEST, SAV �84-03 TO VACATE PART OF 73RD AVENUE. MINCO PRODUCTS BY KARL SCHURR ....................••. 6 G PIaNNIN� COMMISSION RECOMMENDATION: APPROVAL WITH STIPULATIONS COUNCIL ACTION NEEDED: SET PUBLIC HEARING FOR NOVEMBER 5. 1984 PAGE 4 RECEIVING THE I�1INUTES OF THE PLANNING COh1�1 I S S I ON hIEET I NG OF OCTOBER 3. 1984 ,.......•..• 7- 7 � A. CONSIDERATION OF REZONING REQUEST ZUA #�4-�4 TO REZONE FROM M-1 TO C-R1 TO ALLOW A PROFESSIONAL BUILDING AT 6095 EAST FtIVER ROAD BY LARRY PERLICK ..............••.••.•.••• 7- 7g PLANNING COMMISSION RECOMMENDATION: APPROVAL WITH STIPULATIONS 0 NCI ACTION NEEDED: SET PUBLIC HEARING FOR hOVEMBER 5. 1984 B, CONSIDERATION OF SPECIAL USE PERMIT SP #84-18 TO ALLOW A SECOND ACCESSORY BUILDING AT 157 RIVERS EDGE WAY BY LEWIS L. FARR ............. 7C - 7E P�nNNiNr CoMMissioN REGOMMENDATION: APPROVAL $ 7J - 7L WITH STIPULATIONS COUNCIL ACTION NEEDED; CONSIDERATION OF P.ECOMMENDATION CnUNCIL MEETING. OCTOBER 15. ��784 1 � � I� ► •► ► � (PLANhING COMMISSION i►11NUTES CONTINUED) C. CONSIDERATION OF VACATION RE�UEST SAV #84-�4 TO �IAKE A POOL LOCATION AND RETAINING WALL AT 1571-61ST AVENUE NE BY THOMAS 8 KATHY SHELTON.....,...•..........•..•... 7F ej^^�^�� OMMISSION R COMMENDATION: APPROVAL WITH STIPULATIONS �QUKCIL ACTION NEEDED: SET PUBLIC HEARING FOR NOVEMBER 5. 1984 PAGE 5 RECEIVING THE N1INUTES OF THE CHARTER COMMISSiON �iEET I NG OF APR I L 16. 1984 . , . . . . • . . • � • • � • � ' ' 8 8 H R�c��v�nG THE P�INUTES OF THE CATV COMMlSSION h�EET{NG OF SEPTEMBER 20, 1984 . . . . . . . . . . . . . . . . 9 - 9 E CONSIDERATION OF SETTING A PUBLIC HEARING FOR A VACATION OF PART OF ABLE STREET FOR I`iOVEMBER 5. 1984 . . . . . . . . . . . . . . . . . . . . . . 10 - 10 B COUNCIL MEETING. OCTOBER 15, 1984 1 � � I► 1 �► ► �� PA�E 6 CONSIDERA710N OF CHANGE ORDER N0. 2. FRIDLEY GARAGE b STORAGE FACILITY FOR THE HEATING SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11 B CONSIDERATION OF APPROVAL OF COMPREHENSIVE S { GN PLAN �OR 7570 H I GHWAY �i65 . . . . . . . . . . . . . . . 12 - 12 A CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR A SIDEWALK SNOW BLOWER MACHINE AND FOR Quo7�5 oiv A D � /v�otvfl P�ow . . . . . . . . . . . . . . . . . . 13 - 13 B CONSIDERATION OF A RESOLUTION AUTHORIZING THE ISSUANCE OF $7,730.000 CITY OF FRIDLEY INDUSTRIAL DEVELOPMENT REVENUE BONOS (NORTH FREEWAY INVESTORS). .... 14 - 14 G COUNCIL MEETING. OCTOBER 15. ��`'�4 ► . : ► •► ► � PA�E 7 CONSIDERATION OF A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN ALLOCATION AGREEMENT WITH NORTH FREEWAY INVESTORS AND TO R 1 VER ROAD I NVESTORS . . . . . . . . . . . . . . . . . 15 - 15 C CONSIDERATION OF A RESOLUTION AUTHORl21NG SUBMlSSlON OF THE GRANT APPLICATION AND EXECUTION OF THE GRANT AGREENENT--ANOKA TRI-CITY ALCOHOL COUNTERMEASURE A.T,A,C. .. 16 CONSIDERATION OF A RESOLUTION AUTHOk121NG AND DIRECT- ING THE SPLITTING OF SPECIAL ASESSNENTS ON PARCEL 415. PART OF LOT 1. AUDITOR'S SUBDIVISION N0, 89 ......... 17 - 17 B � CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 COUNCIL MEETING. OCTOBER 15. :�$4 1 � : ► •► ► � PAGE 8 LICENSES. . . . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19 C ESTIMATES . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20 C G 1� � � • BPiLBps� �oa�TB AOYEMBBR. 1984 Wiili�m J. Nae MaYor fridle�, MN. WHEREAS. 100,000 Minnesotana have eome form of epitepay; and WHEREAS, 60 percent of those persona ruho have epilepay are etementary achoot age or younger; and WHEREAS, in Minnesota there is approximatety one chiZd in every other ctasaroom raith epitepey; and WBEREAS. THE MINNESOTA EPILEPSY LEAGUE is conducting a pubtic education campaig» to bri.ng the facta about epilepay to the attention of Minnesota and the City of Fridtey throughout the year and especiatty during November; NOW TXEREFORE. BE IT RESOLVED that I. Witliam J. Nee, Mayor of the City of Fridley. do hereb� proctaim Aovember. 1984 ae SPILBPSY MOATB I urge att citisene to joi.n r�ith the Minnesota EpiZepay League in ita efforte to educate the pubtic about epitepay so that peopte ruith epilepey can take their rightful pZace in the mainetream of American eociety. IN WITNESS WgEREOP. I have aet my hand a»d caused the eeal of the City of Pridtey to be affixed this 15th day of October. 1984. �,------------- ----- WILLIAM J. NEE. MAYOR THE MINUTES OF THE CITY COUNCIL MEETINGS OF OCTOBER 1, 1984 1• 4pi ��. �w �, r:i ; �r,1 : � v��+�4��. �. �;� �+; �� 44 ��. l�,w� • � ��;�_ �; 7�e Regular meeting of the Fridley City Cb�cil was c�lled to order at 7:30 p. m. by Mayor Nee. Pf�IDGE OF ALL�F7GtANCE• IKayor Nee led the Oo�mcil ar�d audienoe in the Pledge of Allegiance to the Flag. I�DLL CAI�: 1�NBEELS F�RF�ENT: Mayor Nee, ��cilman Barnette, O�imcilman Sduleider, Oouncilman Hamernik and Co�cilman Fitzpatrick N�BERS ABSIIVT: None •;,h/: �, u� ►l �M �� 1� ui � ��. � �4a+ui: �+; •�� MOTION by Councilman Schneider to apprave the minutes as presented. Seoonded by Councilman Ha�nernik, Upon a voioe vote, all votinq aye, Mayor Nee declared the motion carried unanimously. ; �� y �,� • a��i� � i�ayor Nee requested the following items be added to the agenda: (1) Consideration of a Resolution Supporting a proposal for a Regional Speedskating Facility in the City of Roseville; (2) Consideration of a Bingo Lioense for Fridley Alanon Society of N.E. Suburbs and; (3) Gonsideration of Estimate No. 3 fran Monette Construction for the Pelioe Garage. M�TION by do�mcilman Schneider to adopt the agenda with Seconded by Qo�mcilman Barnette. Upon a voioe vote, all Nee declared the motion carried unanimously. � ��\ ��i� �4 � ��i the above additions. voting aye, Mayor Mr. Joe Menth, 1388 66th Avenue, stated the new street behind his hame, Creek Park Lane, will be completed six or seven feet below the property grade and drop off at a 45 degree angle arid he didn't believe it would be sloped enough in order for him to maw and maintain it. Mr. Qureshi, City Manager, stated the road would be graded so Mr. Menth �uld reasonably maintain it and staff will check with Mr. Menth to see what we would like. � 1:_ ,� 4 : ��. i ��. *) . i 1\. ��\ � _ �i\N/�. i ��i � • � 1 %� � ,� � yr � y M�+�+4; : /��l 1 � ; : a. �\ �� I�'i'ION by O�uncilman Ha�iernik to waive the reading of the public hearing notive and open the public hearing. Seconded by �uncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing oper�ed at 7:38 p.m. Mr. Flora, Public Works Director, stated this rezoning request is for property located south of 52nd and east of Highway 65. He stated the request is to rezone the property fran C-1, local business to C-2, general business so a portion of the building, currently occupied by Great American Music, can be o�nverted into a restaurant for Godfather's Pizza. Mr. Flora stated it is proposed Godfather's Pizza would use about 3,200 square feet of this building and the rezoning is necessary in order to operate a restaurant at this location. Mr. Flora stated, if the rezoning is approved, there would be some impravements to the property to extend the landscaping and bring the parking setback farther off 52nd. He stated the parking would be sufficient for both uses. Mr. Flora stated the Planning Commission recommended approval of the rezoning with the stipulations that approved landscaping and irrigation glans be sukmitted for this property. O�uncilman H�nernik stated the driveway to the north has a steep incline and asked if this would be altered. Mr. Flora stated the width of the driveway w�uld be reduced to 32 feet and sloped to the street and would be impraved because an additional eight feet of setback would be added. Qouncilman HaQnernik asked if the parking lot would be redone. Mr. Qureshi, City Manager, stated there would be added parking on the east side. He further stated there is a"L" Shape pieoe c� property between this building and the apartment building to the east and, if this property is rezoned, he felt this paroel should prwide parking needs for the apartment and this establistunent. He stated some of the property between this establishment and the apartment house may be ryeeded for a buffer and landscaping. Mr. Sid Roth, �nstruction Engir�eer for Godfather's Pizza, appeared before the �Lmcil regarding their rezoning request. Mr. Qureshi asked Mr. Roth what kind of traffic is generated by Godfather Pi.zza. Mr. Roth stated it would depend on the time of day, as vertain times are peak periods. Mr. Qureshi asked haw many custaners they serve a day. Mr. Roth stated he ooulchz' t answer the question at this time, but oould f ind out. doimcilman HaQnernik asked if there would be a j oint use of the parking by Great American Music and Goclfather's Pizza. Mr. Roth stated both the establist�nents would use the same garking. He felt there wouldn't be a problen, as their peak periods are cliffererrt frcm Great Pn►erican Music's. do�mcilman Hamernik asked haw mariy new parking spaves would be added and if -2- it would help alleviate some o� the parking problems when Great American Music is having ticket sales. Mr. Roth stated there would be parking all around the building and, with narrawing the drivaaay to the r�orth, he felt this would help. Mr. Flora stated approximately 22 additional parking spaves would be aclded. Mrs. Breza, 5221 Capitol Street, statecl she felt Godfather's Pizza would be a good addition and was in favor � the rezoning. No other persons in the audienoe spoke regarding this p�oposed rezoning. M7I'ION by �imcilman Hamernik to close the public hearing. Seconded by do�cilman Schneider. iJp�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing cJ.osed at 7:50 p.m. I�ir. Roth indi.cated Goc�fathers Pizza was interested in starting the outside imprwenents while the weather was still good and asked if a permit for this work could be obtained. The Council was polled and each m�nber was in favor of this rezoning request. 2� pQ$j,TC j1�ARThG ON ASS�SSMF'1`M' FOR SEL•�'�'R NLATNS � LATERALS, AND SERVIGE QOI�IIVE'CI'IONS • NYyI'ION by ��mcilman Barn�ette to waive the reading of the public hearing notioe and open the public hearing. Secanded by Qouncilman Schrieider. Upon a voice vote, all voting aye, M�ayor Nee declared the motion carried unani.mously and the public hearing opened at 7:52 p.m. Mr. Irman, City Qerk, stated this is the annual sewer and water assessnent. He stated each of the groperties has connected to City water or sewer or both without having previously paid a lateral charge. He stated all property awners involved in this assessment roll have signed agreements agreeing to the principle of these lateral charges. He stated the assessnent wi11 be spread aver a 15 year period at an iriterest rate of 9-1/2 peroerit. No persons in the audienoe spoke reqarding this proposed assessment. NDTI�1 by Qotmcilman Fitzpatrick to close the public hearing. Seconded by Cb�mcilman Sdzneider. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:54 p.m. 3. �1RI,TC �ARTT`Y' pN AS,qESSMENT FOR SANITARY SEWER IMPROVEMENT PRO.TECT NO. �.: MJTION by �uncilman Schneider to waive the reading of the public hearing n�tioe and open the public hearing. Seoonded by O�tmcilman Ha¢nexnik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ar�d the public hearing opened at 7:54 p.m. Mr. Ir�man, City Clerk, stated this sanitary sewer imprw�ment proj ect -3- involves the construction of a sanitary sewer lateral for the property located between 72nd and 73rd Avenues on the east side of TH No. 65. He stated the total aast of this sewer lateral is $6,175 which will all be assessed to the corner portion on 73rd and TH No. 65. He stated the improvenerit will seYVe the �w Super-America store at 7299 Highwa� 65. Mr. Irman stated the imprwene.nt was petitioned for by the property owner and the assessnent will be spread aver a 20 year period at an interest rate of 9 ],/2$ . No persons in the audienoe spoke regarding this propo9ed asses�ment. i�TION by Go�cilman Barnette to close the public hearing. Seconded by Gbuncilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee c3eclared the motion carried unanimously and the public heazing closed at 7:55 p.m. e� � ��13LT(' HEARThv ON ASSESSNLh'�' FOR WATER A� SANTTP�RY SEWER TMPROVEMFNT p. i�fJJECT N0. _ 145 • Nt�TION by douncilman Schneider to waive the reading of the public hearing notioe and open the public hearing. Se�nded by Qo�ilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:55 p.m. Mr. Irman, (�.ty Qerk, stated water and sanitary sewer improvement project No. 145 involves the construction of water and sanitary sewer laterals, servioes, grading and other facilities located on 66th Avenue, Creek Park Lane and Arthur Street to facilitate the developnent of two new glats, Creek Ridge and Hidden Woods. He further stated this project also oavers sewer work in the area of 81st and University Avenues. Mr. Irman stated the total oost o� the proj ect was $159 , 93 0. 23 and w il l be assessed aver a 20 year period at an interest rate af 9 1/2$. Mr. Irman stated the total cnst for sewer and water laterals on 66th Avenue (Creek Ridge Flat) is $41,889.76 divided by 14 lots or $2,992.13 per lot. �e total oost for water and sewer laterals on Arthur Street (Creek Ridge Plat) is $12,249.90 divided by five lots or $2,449.98 per lot. Rhe total oost for water and sewer laterals on Creek Park Lane is $33,649.30 divicled by ten lots or $3,364.93 per lot. �e total cost for water and sewer on Creek Park Lane (Hidden Wood.s Plat) is $35,334.90 with the cost of sewer divided by nine lots at $1,963.05 and the cost of water divided by seven lots at $2,523.93 per lot. �e total oost for water arid sewer laterals and servioes on Creek Park Lane for the proposed park segment is $22,604.56 with the cost to the park property of $3,767.43 or $1,883.72 per lot. Z'he cast of these laterals to p�operties on the north is $18,$37.13 or divided by five lots would be $3,767.43 per lot. Mr. Irn�an stated the assessnent for the sewer line to these properties on the nprth will not have the assessnents glus interest actually l�vied until -4- the lots are c3�veloped. He stated theae Faroels are Auditor's Subdivision No. 10, Parvels 1620 (two building sites), 1640, 1660 and 1680. Mr. Irman stated this impravenent also oovers a sewer line for Midas Muffler at a oost af $2,328.63 and a sewer lirye for the golf driving range at a vost of $4,657.38. He stated the assessment for the golf driving range plus i�erest will not actually be levied until the lot is developed. Mr. Lman stated the imprwenerit also aavers a water loop between Fridley and Anoka Streets at a cost of $7,215.80 which is to be paid fram the Util ity F1uzd. No persons in the audienoe spoke regarding these prop�sed assesaments. I�TION by O�uncilman Schneider to close the publ ic hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:00 p.m. 5 a�r rr+ vrnnn.r_ rv� s,e"c�ec�•r �nu �c,mn� TMVtxX7F!MFTtm PR(1TF'.(T S`P, 1984-1 _ AND _ 2 . ---- -- --- — A1�ID ADDEI�IDtT� N0. 2 AI�ID 3: M�TION by O�uncilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by O�uncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:00 p.m. Pro,jQct ST 1984-1: Mr. Txman stated the first portion of this project oovers the east service drive on Tii No. 65 betwen 72nd and 73rd Avenues. The total cost is $58,656.80 with $32,847.81 to be spread to the north p�rtion of the lot and $25,808.99 to be spread to the south portion of the lot. p�oj ect, Sm '! 984-1 (Addendiun No. 2): Mr. Irman stated 1984-1 (Addendum No. 2) covers the improvements in the Creek Ridqe Plat by Zb�► Brickner and the improvements in the Hidden Woods Plat by �n Blomberg. He stated the onst for street improvements on 66th Avenue are $2,944.71 per lot and $720 per lot for storm sewer. �e cost of storm sewer impravene.nts on Arthur Street are $720 per lot. The cost for street improvenents on Creek Park Lane (Creek Ridge Plat) are $3,839.82 per lot and $720 per lot for storm sewer. 7�e wst for street impravenerits on Creek Park Larie (Hidden Woods Plat) are $6,243.24 per lot and $933.34 per lot for storm sewer. The cost on Creek Park Lar�e for the proposed park segment is $7,543.44 for each outlot for street surfacing. 7he park property has no assessment for storm sewer as there will be a holding pond. He further stated the oost o� street surfacing to properties on the mrth side o� the street is $3,017.38 per lot; cost of right-of-way for these properties is $1,280 per lot; and cost of storm sewer to these properties is $907.20 per lot. -5- Iyr. Irman stated the assessnents for street surfacing, right-of-way, and storm sewer glus interest on the lots on the north side of the street will n�t have their assessnents actually levied until such time as lot sglits are requested and appraved to create new building sites. �ese are Paraels 1620 (two building sites, 1640, 1660, and 1680 of Auditor's Subdivision No. 10. Mr. Irman stated the assessmerits for pond imprwenents are to be paid per an agreenent between the City, Mr. Brickner, and Mr. Blo�nberg. He stated one-third of the total anount, $I0,000, would be paid f rom the Park Fund, one-third p�id by Mr. Brickner, and one-third paid by Mr. Blomberg. Mr. Blc�mmberg would reveive a credit aF $667.00 which results in an assessnent � $114.95 per lot for Mr. Brickner's plat and an assessnent of $296.26 per lot for Mr. ffianberg's glat. t7ouncilman Fitzpatrick questioned the depth o�f this p�nding area. Mr. Flora stated with a very intense long duration rain it probably w�oulc�'t be over two feet and, with normal rainfall, it would probably only be inches. �u¢�cilman Schneider stated he felt the city went through plans over and aver and aoquired property so there woulchz't be any ponding area. He stated this doesn't have any bearing on the assessnerit, but he felt a lot of work had been cbne in order to eliminate any ponding areas. pr�iect � �984-� (Adden�L� No 3)• Mr. Irman, City Qerk, stated this imprc�venent aovers street surf acing and concrete curb and gutter on Capitol Street from Main Street to Hughes Avenue. He stated the front foot assessnent rate is $37.85 per foot and the side yard assessment rate is $7.14 per foot. '�he total cost for this project was $47,918.00. Mrs. D�rothy Breza, 5221 Capitol Street, stated she was appearing on behalf of Mrs. Hazel Osfar who was out of tawn and left a letter with her to be read to the Qouncil regarding this proposed assessment. The letter which she read stated Mrs. Osfar had already been assessed for the front and side yard of her lot at 5180 Hughes Avenue. Zhese renarks were incorporated into the minutes during the adoption of the resolution (Item No. 18). Mrs. Breza stated, from what she understands, Ms. Osfar's home actually fronts on Hughes, hawever, the City maps shaw her as f ronting on Capitol Street. 5he stated Mrs. Osfar was assessed ten years ago and understands she again woizld be assessed for 93 feet. She also wanted to know if she would be dzarged for the r�ew curbing. Mr. Qureshi, City Manager, stated Mrs. Osfar would not be charged for the curbing which was reglaoed on Huges. Mr. Irman, Ci.ty Clerk, stated Mrs. Osfar's lot is being charged for 93 front feet as this is the narraw side of the lot. Ae stated, in reviewing the. assessnent for imprwenents imder Project 1978-1, this parael was c,harged as if its side yard was abutting Hughes Avenue and its tront yard abutting Capitol Street. He stated, at that time, this p�operty wae charged a side yard assessnent for one-third of the balance or 45 feet, therefore, this -b- p�operty has not been charged for a front yard assessment. He stated the City's policy is the narrow side is vonsidered the front yard which is to Mrs. Osf ar' s advantage. Mr. Harold Stevens, 5228 (�pital Street, asked about the method of payinq the assessnent. Mr. Qureshi, City Manager, stated Mr. Stevens would have 30 days to pay the assessment. If he does not wish to gay it at this time, it would be aertif ied to the �unty and the f irst payment with interest would appear on the tax statement for 1985. Mr. Stevens asked when the street would be oosnpleted and when he could have his yard 1 ight f ixed which was broken when they renaved a tree. Mr. Qureshi stated the street would be blacktopped improvement should be completed this month. Mr. Stevens his light would be fixed to his satisfaction. • �� + ��b _� ; -� ' C- •-• 4 • v-_e � � v this week and most of Qureshi advised Mr. Mr. Irman, City Qerk, stated the street width was increased four feet and concrete curb and gutter installed on the soutb side only. He stated the front foot rate is $28.36 and the b�al.anoe o� the �st aF $18,219.25 is to be paid f rcm State Aid Funds. Zl�e total oost of this project was $43,090.97. • : .� _' u .. Mr. Irman, City Clerk, stated reoonstruction and widening of the street and concrete curb and gutter were installed from Able Street t�i Z�i No. 65 on the south side only, and frcm �i No. 65 to Qentral Avenu�e on both sides of the street. He stated the total c�ost of the improvenents is $291,260.10 and the City is going to assune on�third of the oost. ,. , .- . _t- 'i � Mr. Irman, City CLerk, stated oonstruction o�sts for the north side of the skreet were $76.46 per front foot, with one-third of the oost af $29,868.44 to be paid frcm NLSAS f�ds. He stated the balance of $59,736.84 is to be assessed at a f ront foot rate ai $50.97 . ! _� !: • _�' '� =� Mr. Irman, City Qerk, stated construction wsts for the south side of �he street were $87 .60 per f ront foot, with one-thi rd the wst �$67 , 218 . 3 8 to be paid fran A1SAS funds and the balanoe oE $134,436.44 is to be assessed, resulting in the o�st to the aaners of $58.40 per front foot. He stated sidewalk was installed fran Able Street to Stinson Boulevard on the south side only arx7 Onan will be assessed f or the sidewal k at a f ront -'7- foot rate of $11.15 or $28,990.00 and the balance of $32,084.13 is to be paid f ram NLSAS f�ds. Mr. Harold Haluptzok, property owner at 1240 73-1/2 Avenue, stated he has no acoess to 73rd Avenue. He stated he was led to bel ieve at the hearing on this improvenent, he would be assessed one-half the normal assessnent since he has no acoess on 73rd Avenue. He stated he has dzecked with the City and found this isn't the case. Mr. Qureshi, City Manager, stated the Ci.ty o�u1d provide acoess to 73rd f or this property, if Mr. Haluptzok wishes to cb so. Mr. Haluptzok stated he paid the full assessnent for 73-1/2 anci now to gay over $13,000 in assessnents for a street �or which he doesn't have access, he felt this was wrong. He stated if the City wanted to give him access to 73rd, he wouZd gladly pay the assessnent. Mr. Qures�hi, City Manager, stated if it is Mr. Haluptzok's desire to have access onto 73rd, the City would provide it at the same assessment. He stated the Gity would prwide an opening and approach ancl the aaner would be required to prwide the fencing and gate. Mr. Haluptzok is to oontact staff as early as possible to let th�n know where he wishes the driv�vay be located. No other gersons in the audienoe sp�ke regarding these proposed assessments. M�TION by Cbuncilman Schneider to close the publ ic hearing. Seconded by �uncilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee decl ared the motion carried unanunously and the public hearing closed at 8:35 p.m. OLD BUSII�SS: 6. �I`,ST�ERA�OIV OF <�RTP�T�W FZ�JLt�S'r' '� R�.]CE '�'uE SIDE YARD SETBACK AT 5900 MATt�T �'t'RF'•F.'P N E BY GERAI� H. JOHI�ISON (TABLID 9f24/84) : Mr. Flora, Public Works Director, stated the vwn�ers of this property wish to oonstruct an addition to an existing building and to align the addition with the south wall o� the building. He stated the zoning code requires a 20 foot setback so they are requesting a variance to reduve this requiranent to f ive f eet. Mr. Flora stated the Appeals Oo�nmission reooqraner�d�ed approval of the request with the stipulations that the south wal.l af the new addition be a 4-hour rated fire wall and the existing south wall be upgraded to a 4-hour fire wall and ariy openings in that wall be upgraded or remaved. Mr. Paul Holbrook, Vice Presiden� of Johnson Wood Products, stated they wished the variance to keep the buildings in line on the south side in order to p�avide a voritinuous flaw of work for their operation. Mayor Nee felt the solution would be to buy additional property to the south so a varianoe wouldn't be r�eoessary. Mr. Holbrook stated they tried to purchase additional land f ram Burl ington Northern several years ago and they ooulc�'t get them to respond to their -8- request. He stated they wanted the additional property to put in a service drive at that time. He stated now they have an agreenent, haaever, with Siemer Pump to use a oa�non driveway. Mr. Qureshi, City Manager, stated only 15 feet would be needed in order to meet the setback requirenents, and he felt it woulcl be best to see if the railroad would be willing to sell some property so the setback requireqnents aould be met. M�TION by �uncilman Fitzpatrick to table this iten to be brought back after the admutistration and the petition�er have ooritacted the rail road and made an attenpt to purchase land to the south. Se�nded by O�uncilman Sc�neider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7, iZF'('F"It�.y' �'A'1'F:MF'�'" OF CAN�TASS F'OR ZfIE SEPTEMBII2 11,� 1984 PRIMARY ELECTION tTABLID Sf24/$4) • M)TION by �uncilman Hamernik to reoeive the Statement of Carrvass for the September 11, 1984 Primary Election as on file in City C1erk's Office. Seconded by do�cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. g� �Ti��Arj'TQh OF 1�1�POTI`�*""".��'i' 'IO COMMUNTTY DEVELOPMENT COMMISSION ('!'AF3LE� 1/24/84)• NDTIo[V by �unclman Schrieider to table this item. Seconded by Councilman Haunernik. Up�n a voioe vote, all voting aye, Mayor Nee declarec7 the motion carried unanimously. g, RFC`FTVTI�C' p�l�'Fh��D OPTNTON FROM CITY ATTORNEY RErARDING GOLF COURSE TNTTTAT'IVF: p�rmTON ( FRpM M�F*r�r OF 9/24/84 ): M�TI�I by �uncilman Sc�neider to reoeive the amlen�ded opinion fran the City Attorney regarding the golf course initiative petition. Seconded by �uncilman Barnette. Upon a voioe vote, a].1 voting aye, Mayor Nee declared the motion carried unanimously. O��cilman Barnette stated there was a question on the term revenue bonds and the City Attorn�y made a determi.nation as to what that mearit. He stated two types of revenues bonds were discussed at the last meeting, however, he q�estioned the def inition of gross revenue bonds. Mr. Herrick, City Attorney, stated the oonvept o� a revenue bond in its pure form is a bond issued and security for the bond and the income from the project or servioes is pledged. He stated, if you oould sell that type of bond and, if the inc7ome wasn' t suff icient, then the bonc�olders only choi ce would be to foreclose on the bonds and, depending whether it was backed by a mortgage, property wuld be taken, but the city o�ulc�'t be forced to levy taxes to vover the def iciency. He stated that is a pure revenue bond. _c} M,r. Herrick stated there is a revenue bond that primarily pledges the revenue of the project or servioes, but there is a pravision if the revenue is insufficierit, the City will make up the deficiency by levying taxes. It is a bond backed by the full faith and credit o� the City. Mr. Herrick stated the gross revenue bond is a bond that is authorized by the statute cited in the ordinance that is half way between the two j ust described. He stated this bond is backed by the gross revenue of the proj ect. He stated if you were talking about a golf caurse, 1008 of a11 of the fees that were charged to golters an� any invome ooming frcm vonoessi.ons or cart rentals, etc. or inoane fran the project, would be guaranteed to the payment of the bondholders. If this income was sufficient to cover the bonds, then you o�uld not use any of the gross revenue for other expenses. He stated the statute states the O�uncil �,y agree, if those bonds are s�ld, to levy taxes to caver any deficiency in operation. It would be levying taxes not to pay the bonds, but to pay def iciencies in other areas. He stated, on the question of using the initiative prooess in the Charter as it apglies to this project, if any guarantee is made by the O�uncil that would require or might require the use of the taxing power of the City, he feels that is in conflict with the Charter. �he pure revenue bond wouldn't oonflict, but the other two, whether they are general obligation or gross revenue bonds, if there would be any pledge on the Cb�cil's part that they w�ould use taxing pawer, there would be a poteritial problen with the �arter. Cbuncilman Barnette stated, in going back to the original ordinance, he asked if the Committee for the golf course could go ahead and start circulating the petition. Mr. Haanernik stated there wouldn't be arry restriction on then circulating a petition. He stated if it was brought in, as it was written, and ass�uning enough signatures are obtainecl on the petition and, assuning an election was held, and a majority vote cast, the problen that would have to be resolved is what is meant by the ordinanoe. �uncilman Barnette asked if the ordinance was rewritten and a statement merely made that the financing of the golf oourse would be at the discretion of the City �uncil, if there would be any problen with that statement. He stated he felt the people who wrote it intended to be as specif ic as possible. Mr. Herrick stated, if a majority of the Qouncil appraved it, and within the limitations the aouncil has for experxling money, it would be like any other project. He stated, as they are attenpting to �oceed on the basis of the initiative petition, against the wishes of the majority of the Council, he didn't see where it would get anywhere. He stated, obviously, if a majority of the Cbuncil wants to do it, you woulc�'t have to g� through this grooess. Ooimcilman Barnette stated if the section in the ordinance on haw it was going to be financed was left out, and it merely stated that if the referendwn would pass, the fnancing would be left up to the City �uncil, he asked if there was anything illegal about it. Mr. Herrick stated there is nothing illegal, but he didn't feel it would forc3e the �uncil to spend money against the wishes of the maj ority of the Cbuncil . -10-- � • ; � M�►� � « �:� : � � � r�. 4.� . a� .�+ a! � �.� v: � : : . . I�DTIUN by �uncilan Sclvzeider to waive the secand reading of Ordinance No. 818 and adopt it on the seoond reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ,ia, r�i . ��► � �:: M �� • � , • � � 1� � �.� ; �� ,'M 1�. 4,�_ �C 1� ?� 4M ��:� ; � • i+ �. : ��. •. : �4 � � �+�� M4 a�� , � � • ;�� Mk � �� : J= �l ; �.« Mr. Jim Hill, Public Safety Director, stated this ordinance is being proposed upon the rewmmendation of the Assistant City Attorney and the Cb�ty Attorriey's Offioe in order to simglify the public nuisanoe abatement prooess. He stated the current 1905 statute is extremely difficult and almost impossible to er�oroe. Mr. Hill stated the proposed ordinance provides that upon corrviction of three prostitution arrests over a period of three years, it would be o�nclusive evidenoe as to the existenoe of a public nuisance as it relates to a house af prostitution. He stated it is hoped this ordinance would greatly reduoe the time and costs to the City to oorrect a situation that is currently existing in the City. Mr. Hill stated they wished to review the ordinance further to refine it before the seaond reading. He stated the ordinanae was originally drafted by the Hennepin CAUnty Attorney' s off ioe. tbuncilman Schneider asked if the ordinance isn't adopted, what is the process which must be followed. Mr. Hill stated underoover offioers would have to be avquired to o�ntinually make arrests and hope the O�unty Attorney's office would pursue a public nuisanoe abatenerit. He stated it is an extr�nely long, drawn out process under the present statute. I�TION by Oo�cilman Hamernik to waive the first reading and approve the ordinanoe upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��', 1� �I� S �A • �� l�_ �,. �> ; � � �� 1\ : +�M _ , � /: : �i� � �'1 )u��.� � � ']�4; .� : �� : � Mr. Flora, Public Works Director, stated when Ordinanoe No. 813 was adopted on may 21, 1984, the alley to be vacated was listed as 12 feet and this should have been 16 feet. 1�D'I'I0�1 by O�uncilman Haanernik to amend Ordinanoe No. 813 by making a change fram a 12 foot to a 16 foot alley and to order re-publication of the ordinanoe as aorrected. Seoonded by oo�cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -11- ��,� 1� �t�: �� • 4. .: �+ u��,� ? �A.f �� M. MM � �� 1� � : �!� M. : � � : : k� 1�M�► •� u�ul 1� : �� u� � : �* � ' �,. �� i M*� �. : ; I�17i'ION by �uncilman Barnette to apprwe the agreenent between the City and the Anoka County Communication Workshop, Inc. for 1985. Seconded by Councilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��,� �� : �1 �.� • : M� ; a;� �/�� M �.��i�� /: : �� : �; : �14- Mr. Flora, Public Works Director, stated bids were opened for the sale of oertain Fxoperties o�wried by the City, hav�ver, the bids appear to be law and it is reoo��nended they be rejected. He stated staff would like to negotiate the sale o� these properties as it was felt the bids should be higher. , I�TION by douncilman Schneider to reoeive the bids. �!. • !a_� a •�- - ��. _ •� • �� _• �� - 1. 2. 3. 4. 5. 6. 7. 8. Lot 14, Block l, Blanberg Estates Lot 15, Block 1, Blanberg Estates Lot 16, Block 1, Blcmberg Estates �e West 80 feet af the south 150 Subdivision No. 129 Lot 1, Block 7, Edgewater Garc�ens Lot 2, Block 7, Edgewater Gardens Lot 3, Block 7, Edgewater Gardens Lot 11, Block 20, Fridley Park LOT SIZE 1) 75' x136 .88' 2) 90' x136 .88' 3) 75'x]36.88' 4) 80' x150 .00' 5) 89'x142.00' 6) 88'x142.00' 7) 88'x142.00' 8) *40x126.00' f eet of Lot 6, Auditor' s � v�: 4�� V : i , � /: . �' (�UARE �OTAGE) T�BLE VALUE SEALID B1Ia6 RE(�IVID 9/14/84 2: 00 P. M. (10,226) (12,319.20) (10,266) (12,000) (12,638) (12,496) (12,496) (5,040) *Sub-Standard by ityself 17 , 200 18,500 17 ,200 17,200 17 , 900 17 , 200 17 , 200 600 l�bert L. White $15,100.00 $15,100.00 $15,100,00 $ 5,100.00 John Nlurphy $13,561.00 $16,301.00 $14,56I.00 $ 8,527.00 $11,396.00 $15,157.00 $10,952.00 Seoonded by ��cilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. M'7rI0N by Qoimcilman Schneider to reject the bids for the sale of these public proprties and authoriz e staff to negotiate for more favorabl e bids. Sevonded by O�uncilman Barnette. -12- Mr. John Murphy, one of the bidders, stated it was hard to establish what the City was looking for as far as a fair price. He felt, based on what lots are selling for in the City, a few of the higher bids should be acceptable and in the best interests of the City to sell the lots so they can be built on and put back on the tax rolls. Mr. Qureshi, City Manager, stated staff felt the bids were quite law ancl perhaps it was Yhe timing and they should be s�ld in the spring. He stated, in any case, it was felt the bids should be higher. Mr. Merl Lening, 8310 Pleasant View Drive, asked if the City would come up with a minim�un bid. Mr. Qureshi stated he felt a minimun bid has already been established and a offer should be higher than what was reoeived on Septenber 14, 1984. UPON A VOIC� VOTE TAt�N CN �iE ABOVE NDTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � . �� . � ��\ �.� � � � �1 �' �� J ��. ��• y��..: �� > ; � \ � � � : \ ; MM_ � Yr MM • ;,�• �1I M�TION by �uncilman Barnette to adopt Resolution No. 110-1984. Seoonded by Cbuncilman H�nernik. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ;_ _• � ! � �.� �� C u ►� u. �M • : ' � : __ � . �I� �l�l � v: � : 4�+�: ; ��• ��►;�� t •�,�� .� M�TION by ��cilman H�nernik to adopt Resolution No. 111-1984. Seoonded by O��cilman Schneider. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; • , � �,� �:• •s,�� ; u ,. .�u�?�� a• � : � : : �.! : u�• �h/ v�� ;,� ��1 �.� M�TION by O��cilman Barnette to adopt Resolution No. 112-1984. Seaonded by (b�cilman Schneider. Upon a voioe vote, all votinq aye, Mayor Nee declared the motion carried unarumously. � _ `� 1�_ �A \.� ��i+� � � I�. .yM��_ �� : 4 � : +I� � � : � �1� � yl• �.��/�� ' �� _ 4 ,.� NDTION by �uncilman Haanernik to adopt Resolution No. 113-1984. Seoonded by ��mcilman Schneider. Upon a voioe vote, all voting aye, Hlayor Nee declared the motion carried unanimously. � � •� +• ' i ' ��, s4 �l 4. \M � � � U � i� 11 � i�� 1��14- � ' � ' : �i� � �,� ��i� 1u �.� ; �i� �uncilman Fitzpatrick asked Mr. Irman if he reoeived a letter objecting to the assessnent on C�pitol Street. Mr. Trman stated he hasn't officially received any letter opposing the assessnent. -13- He stated he has several calls on deferring the assessment for senior citizens and explained the grooedure to then. O��cilman Fitzpatrick stated he thought Mrs. Breza would leave the letter she read earlier in the meeting frcm Mrs. Osfar. Mr. Herrick, City Attorrbey, stated, if there is to be an appeal, there has to be a written objection filed with the City CLerk prior to this hearing or sutmitted at the hearing. He stated he didn't construe the letter I�Irs. Breza read as an objection to the assessnerit. He stated, if the �uncil had the letter in hand, he woulc�'t knaw if it was a letter of objection or a letter calling for clarification of the assessnerit. Oo�cilman Fitzpatrick stated he didn't know if the letter would be an objection or not, but knows it was the intent of Mrs. Breza and of Mrs. Osfar, who wrote it, to leave it here this evening. MJTIpN by Cbimcilman Fitzpatrick to receive the remarks read earlier this evening by Mrs. Breza on behalf � Mrs. Osfar regardi.ng the imprwement and the assessnent o� these imprwenents on Capitol Street and to incorporate the letter as read, into the assessment hearing. Seconded by Councilman Sc�vzeider. Upon a voioe vote, all voting aye, Mayor Nee cleclared the motion carried unanimously. ; `• . � �� ,� ' ' M�i�� * _� . , �1� �__ � :__ u _ �M • � �� 9. �� )��M • : � � , 3 �� ; �• al�i 1.1 1�DTIO�i by douncilman Barnette to adopt Res�lution No. 115-1984. Seo�nded by Qo�cilman Haanernik. Up�n a voioe vote, all wting aye, Mayor Nee declared the motion carried unanimously. � ; �• � • � � � � ' � ' �N� K�. : � ?� �� !.1� yi_ �i: a�� 1, � : ; � : �!� �� 1� ul_ yl: �1; 1� ./; � � : �� : � � 4�1�� l�li � � �_ �.� NDTION by ��cilman HaQnernik to adopt Resolution No. 116-1984. Seconded tr� Qouncilman Schneider. Upon a voioe vote, aIl voting aye, Mayor Nee declared the motion carried unanimously. : `_• , �+ ��► �.� � N�4 _ ��. �� . � � 4_ : �� . ` :� �l� � ��i� 1)� ��: 4:_ ��/ u�% � • " �+�� ;: � �:4 �� NCYt'ION by �uncilman Schneider to adopt Resolution No. 117-1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee cieclared the motion carried unanimously. + • •+ �• � �. _� � � �• _�M_ .: � ;�I� �t� � r: � G_ �� 9r _ !� 1�i1M . )� �� ; �� •! �/ � � .�MM. 4.� : .� 1�DTI0�] by C7�uncilman Fitzpatrick to adopt Resolution No. 118-1984. Seoonded by �uncilman Schenider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; `.• ..+ �� _: �, . : � �� , �,� 1��M 1� k� � �� ►/ �+� 4. . � � «�� M� ' ;,• � �;� a� ; •� � �.� .MwM, y, : . ' : , .�a��+� -14- N17TION by ��cilman Sriuiei3er to adopt Resolution No. 119-1984. Seconded by Councilman Barnet�e. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 24. j.T�at�s � M7rI0T1 by douncilman Sdvleider to apprave the lioenses as subnitted and as on f i1e in the License C1erk' s Of f ice. Seconded by Councilman Barnette. [Ipon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. NIZTION by ��mcilman H�ernik to acld to the license and approve the bingo lioense as requested by Fridley ALANO Society of N.E. Suburbs. Seconded by Oowzcilman Schneider. ilp�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2�j. F..S'T'TMATFS� Ni�TION by Councilman Schneider to approvethe following estimate as sulmitted. M�onette O�nstruction 2050 White Bear Avenue St. Paul, NN 55119 Partial Payment Estimate No. 3 $ 106,539.89 Seaonded by dou�cilman Barnette. Up�n a voice vote, all voting ay e, Mayor Nee c3eclared the motion carried unanimously. : ! � a. ��+►� MOTION by Councilman Hamernik to adjourn the meeting. Seconded by ��cilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridl ey City �uncil af October 1, 1984 adjourned at 9:35 p.m. Respectf ully sutniitted, Carole Haddad Secretary to the City �uncil Apprwed: -15- Williesn J. Nee Mayor . , ... . 1 � . CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOP'1 IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Frid]ey City Hall, 6431 Univesity Avenue North- east on October 15, 19a4 at 7:30 p.m. on the question of issuing a regular On Sale L�quor license to Mr. Steak i� Fridley for the property tocated at 5895 University Avenue Northeast. Anyone having an interest in this matter should make their interest known at this public hearing. SIDNEY INMAN CITY CLERK Publish: October 1, 1984 Ottober 8, 1964 � _ CI7Y OF fRi DLEY bATE aoM Ud�ECT October 10, 1984 ptAECTORATE �F pura��c woRKs MEMORANDUM hn Flora, Dir.Public Works JOHNSON WOOD PRODUCTS VARIANCES Nasim Qureshi TO � 0 oD � o� F� °o�c � ,. _ _ � PW 185-84 ACTION{ {NFO• I discussed the acquisition of an additional 15 feet of real estate fram the Burlington Northern Railroad by Johnson Wood Products with the Burlington Northern Regional Engineer and sent a letter formally requesting the Burlington Northern response to this item. In a follow-up with tne Burlington Northern organization, I have not been able to trace the letter nor get any positive response to the question raised. While it appears possible that the Burlington Northern Railroad will split off 15 feet of Lot Number 4, Auditor's Subdivision 78, the possibility is remote and the time frame could be excessively long. In order to facilitate the expansion of Johnson Wood Products and allow construction before this winter season, it would be appropriate for the Council to approve the variance requested and stipulate that Johnson Wood Products work diligently with the Burlington Northern Railroad to acquire the necessary additional 15 feet. JGF:jmo Enclosure � .� � CITY OF FRiDLEY CIVIC CENTER • 6431 UNIVERSITY AVE N.E.. FRIOLEY, MINNESOTA 55432 • PHONE (612) 5�1-3450 October 4, 1984 Mr. Spencer Arndt Burlingtan Northern Railroad Twin Cities Region 176 E. 5th Street P. 0. Box 6490 St. Paul, MN 55164 Dear Mr. Arndt: PW 61-84 Subject: Property Acquisition As discussed in our telephone conversation of October 4, 1984, the property adjoining Auditor's Subdivision 78, Lot Number 4, owned by Johnson Wood Products, has requested a variance from the City Council because their structure is located too close to the property line, based upon our current Zoning Code. The Council would prefer Johnson Wood Products to obtain an additional 15 feet from Lot 4 along the Northerly boundary in order to establish the desired 20 foot setback as established in our Zoning Code. This item will be returning to the Council on October l5, 1984. At that time I would like to inform the council, if this property would be available for sale, by the Burlington Northern Railroad to Johnson Wood Products. Request your assistance in this matter, indicating if a conveyance of this fifteen foot parcel of property would be favorably considered by the Burlington Northern Railroad. Also, as discussed in our telephone conversation, I am currently investigating possible snow storage sites for depositing the snow removed from the City Hall Parking Lot. One area under consideration is the property owned by Burlington Northern Railroad at the intersection of 61st and Main Street. Request information as to the availability of tnis area for snow storage. Your assistance in the above items is greatly appreciated. If I can provide you any additional information, please contact me at 571-3450. Sincerely yours, � �' ohn G. Flora Director of Public Works JGF:jmo Enclosure - Map 2A 2� � CALL TO ORDER: CITY OF FRIDLEY APPEALS COMMISSION MEETING, AUGUST 28, 1984 Chairperson Gabel\alled the August 28, 1984, Appeals Cor�nission meeting to order at 7:34 p.m. � ROLL CALL: Mer�bers Present: Pat Mer.ibers Absent: None Otl�ers Present: APPROVAL OF JULY 2 1, Alex Barna, Jim Plemel, Jean Gerou, Donald Betzold � Mark Burch, Asst. Public 4Jorks Director James Faulkner, 4838 Bloom, White Bear Lake Rene' Roberts, Nordquist Sign Co. 4. 1984. APPEALS COMMISSION MINUTES: MOTION B1' MR. BARNA� SECONDED BY Mit. BETZOLD, TO APPROVE THE JULY 29, 1984, BPEALS COM1�fISSION MIl7UT.ES AS VRITTEI�' UPON A VOICE V02E, ALL VOTING AYE� CHA RPERSON GABEL DECLARED THE MOTION CAR72IED UNANIMOUSLY. 1. RE UEST FOR A VARIANCE PURSUA��T TO CHAPTER 205 OF THE FRIDLEY CITY CODE TO U E HE SIDE Y RD SETB CK ET EEN NY BUIL I G D S E, P R Y IN S OPi TWEtJTY FEEi TO FIVE FEET TO AtLOW BUILDING ADDI7ION 1'0 LI�JE UP WITH 1\VR 1 fl fl/iLf Vf LV 1 J/1J 1"ILI'1JVnLV nlv��u �.n,� � n�.., � a_an�.,. � 900 MAIN STREET N,E., FRIDLEY, MN. 55432. Request by Gerald H. Johnson, 5900 P�iain Street N.E., Fridley, Mn. 55432 . MOTIDN BY MS. GEROU, SECONDED BY MR. BARNA, TO OPEN THE PUBLIC HEARINC. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC NEARING OPEN AT 7:35 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5900 Main Street P�.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.18.3D.2 requires a setback of not less than twenty feet between any building and side property lines. Public purpose served by this requirement is to provide open space areas around industrial structures for aesthetic and firefighting purposes. 2C APPEALS COF9�lISSION MEETING, AUGUST 28i 1984 PAGE 2 B. STATED HARDSHIP: "Need a side yard setback variance to allow the proposed addition to line up with the current building as the production flaw in manufac- turing would be seriously impaired with a jog in the production line and the lot is too narrow to economically set the addition back 20 feet along the south side yard setback." C. ADFIINISTRATIVE STAFF REVIEW: This will be an extension to the wall of the existinq building. If the Soard recommends approval, it should be stipulated that the new wall be a four-hour rated fire wall with protected openings. Mr. Burch stated the petitioner plans to add a small addition to the back of the building, and it makes sense to line up the building as proposed. Mr. Jim Faulkner stated he was the architect who prepared the plans for Gerald Johnson. Mr. Johnson was requesting to continue on the new addition in line with the existing building line. As stated in the Administrative Staff Report, they need the side yard setback variance to allow the proposed addition to line up with the current building in order to get the manufacturing flow of the facility to work. Ms. Gabel asked Mr. Faulkner to explain what he meant in terms of "manufac- turing flow". Mr. Faulkner stated Johnson Wood Products was a manufacturer of custom wood- working for commercial, residential, and institutional buildings. Part of their building plan was to add new machinery,new equipment, and redesign their manufacturing process from the point where material comes in the build- ing, goes through the building, and back out through the 1_oading docks. To make that manufacturing flow work, the products have to come in and go all the way down a manufacturing line and then come back around. With a jog in the building, it would cause a problem trying to bring the materials around and then bring them back through. It was kind of standard in any manufacturing process to want product lines to run straight through and make a loop, and that was the reason for Mr. Johnson's request. Ms. Gabel asked about the exterior of the proposed addition, Mr. Faulkner stated the addition would be brick--the same material as the rest of the building. Mr. Plemel asked how wide the lot was next to the property on the south. He was wondering if by granting this variance they would be creating a hardship for someone eventually bui{ding on the adjacent lot. Ms. Gabel stated that, after looking at the aerial photo, it was just specu- lation as to what would go on that lot. She stated there was a lot of room 2D APPEALS COMMISSION MEETING, AUGUST 28, 1984 PAGE 3 on that lot. There are some existing problems, and by granting this variance, she did not think they would make the problems any worse. Mr. Barna asked if the south wall in the existing building was a 4-hour rated wall. Mr, Faulkner stated it was a 12-inch masonry wall, and under Uniform Building Code, it does have a 4-hour classification up to about 15 ft. He �ated this wall does have a door in it now to the boiler room. The tentative plan was to take out that boiler room completely and block up the door. He stated he thought the only hindrance on the 4-hour rating on the wall was the fact that the door into the boiler room was probably just a 2-hour rated door. If the door does not come out, it will be replaced with a 4-hour rated door. MOTION BY MR. BARNA� SECONDED BY MS. GEROU, TO CLOSE THE PUBLIC NEARING. UPON A VDICE VOTE� ALL VOTING AYE, CHAIRPERSON GABEL DECLARED TXE PUBLIC XEARING CLOSED AT ?;55 P.M. Mr, Barna stated he could see where setting back the addition 20 ft, would disrupt the manufacturing flow. With no new construction to the south at the present time and the fact that this was just extending an existing wall, as long as all the fire ratings are met and there was continuity with the visual wall, he would have no objections to granting this variance. Mr. Betzold stated that since the existing building was already in its position and was probably closer to the lot line than it should be, that can't be changed. He stated he thought this demonstrated some of the problems that can be created by allawing this type of construction to go too close to the lot line, but as long as the situation was not being worsened and as long as there was a demonstratable hardship for the manufacturing line, the variance should probably be approved. Ms. Gerou and Mr. Plemel agreed with Mr. Barna and Mr. Betzold. Ms. Gabel stated she also agreed. She thought part of the hardship was the existing building being located where it was, and that added to the problem of the flow of the product line. She would also be in favor of granting the variance, but sfie would definitely like to see the Comnission add on a stipu- lation that the door in the existing south wall be either upgraded to a 4-hour rated door or be removed. IyOTION BY MR. BAt?NA, SECONDED BY MR. PLE!►�L, TO RECOMMEND TO CITY COUNCIL J!P ORP � OF THE REQUEST F�R A VARIANCE PURSUANT TO CXAPTER 205 OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE YARD SETBACK BEZWEEN ANY BUILDING AND SZDE PROPERTY LINES FROM ZWENTY FEET TO FIVE FEET TO ALLOW BUILDING ADDITION TO LINE UP WITX CURRENT BUILDING O1N SITE ON LOT 5, AUDITOR'S SUBDIVISZON 78, EXCEPT THE NORTX HALF OF LOT 5 AS ilEASURED ALONG EA5T WEST LINES� THE SAME ffiNG 5900 MAIN STREET N.E.� FRIDLEY� 1�IIV. 55432, WITH THE FOLLOWING STIPULATIONS: 1. THE SOUTB WALL OF THE NEW ADDITION BE A 4-XOUR RATED FIRE WALL. 2. THE EXISTING SOUTX WALL OF THE EXISTING BUILDING BE UPGRADED TO A 4-HOUR RATED FIRE WALL AND ANY OPENINGS IN THAT WALL BE UPGRADED OR REINOVED. /:. APPEALS COMMISSION MEETING, AUGUST 28, 1984 PAGE_4 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE 1►lOTSON CARRIED UNANIMOUSLY. Ms. Gabel stated this item wauld go to City Council on Sept. 24. She stated the reason this would not go to the City Council meeting on Sept. 10 was because the normal procedure was for the Appeals Comnission's minutes to go through the Planning Comnission before going to City Council. Mr. Faulkner stated Mr. Johnson would really like to start construction within the next couple of weeks. It would be very advantageous if this item could go to the City Council on Sept. 10. Ms. Gabel stated she believed the Appeals Commission had no problems with this going directly to City Council on Sept. 10 and not going through the Planning Corrmission since the Planning Colrmission only receives the minutes; however, it was not the normal procedure. She suggested Mr. Burch convey to the City Manager that there was a time problem with this item, realizing that fall and winter are not too far away. She stated Mr. Faulkner should call Mr. Burch to find out if this item was going to the Sept. 10 or Sept. 24 meeting. 2. REQIlEST 0 dy ttene' KODer Mn. 55408). VARIANCE PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE TO ordquis , , USTRIAL ST I ER , I , . Request gn o., est a e treet, Minneapolis, 1►IOTION BY MS. GEROU� ECONDED Y MR. BARNA, T PEN THE PUBLIC HEARING. UPON A VOICE E, ALL ING AYE, C ERSON �ABEL DECLARED THE PUBLIC HEARING OPEN AT 8: P. Chairperson Gabel,read the Adm �strative Staff Report: M� N I STRA�iJ�E STA F F RE PORT 341 East Ri�r Road N.E. A. PUBLIC PURPOSE: �iERVED BY REQUIREMENT: Section 214106.2A.2 restricts a real estat ign for a multiple develop- ment to 5g�square feet in area per developmen Public Purpose served by this requirement is to c trol visual pollution and e�tcessive use of signs in corr�nercial areas. B. STATED HARDSHIP: "The River Road Business Center bounded by 51st Way and 54th Way on East River Road offers a great potential for growth to local and national business people who are able to learn of its location and availability. 2E , T.30, R.24 FRiocEr ,-� � 19 �� $ ! �' „� �. ��.,� a ff��.� u iM[� AM(a� M1 TM( Y�ORI COYMf orrKes urro,rw -Mt �n� yo�r,: rMa o�.•�Nc s ro �r usv a+i. �or f(lfqNCt ►U' �CS:S 1 .� T; �} (p�IR1r b MOr e(YONS•:tt fOR i:il M.K (�/t�C�tS r1tll.M CG'A14M,D 53922 ,SIyoW Sf+�ICN<<` ��EA�� fE� ., � - � � M /�r M: ��I• ' _. .. " � �•• M� �� ; � . �r I � �' t 9 j�, • s• •»,c ` E• »iK ' , I I � � � r � 1 .r.. _ , . 20 . � R - i :� :. ` . . •...�... ,.�.. n... .�,. I 2� � 9 � � i i T i •ROBERT LOUIS STEVENSON � m � ELEMENTARY SCMOOL M �� ` _ - � � �1` ----' �i✓;ry ��''"'� w �1 e �.,,, p ' � � �' • .:o = � � I �'';i � it� � i. c ` ; . 6 �I , ' ` �, AoerN's �NiYER � ; ' �� I �i f � "� ' ' � � ' . _� ` STREET , 'I, �. d � � i I •` •� ' I • • , � j � �• � �� ,� � �a .AIANO/0 .. .r �y ' � � f f ( � ' �P � ' � ' � f ', �. � �' �' � i i ' ...-: : -:r.. � ,� �� ✓ EASTr' R/�ER '^ ' . • . �, � nw , i I i S O . I� O� S ' Sy war H e ;' � i i�► '; .�;+ :�A 4 -; �• .�. � �� . _ Esi,er�s` . + --- : ' �I , _ �%� , E � ; _ ' Z �; �-: �--ti- ... m ' I" � i ,.'� .i.:. •,i` � I .� ' N , . �• ' ��.'�..'r` �v' 1 ...�. . ,: '.'" ; i � ! �S' ; 4 . : . � t � j sw ♦ �•[e :� � �' • r, e � � � �� i , , � � � '� + ' � J �_--1 - � ..... - - �. 'R C.�:� � N0. 38'� � ._ , '. � ..- � �' ti 1 � � II/Cl I • i' �� • � J I, I � O / ,! 1 C! y ' � � 1 .� , � ! � I�i `• . '� � � 1 ( � ! I � �' �� . •%r i I� I j: , a i' �� * , � • �i �i` �'� �� A ' � . • . ' � / � J �� J ! �� -...« w i. � 1 / ��, ♦ I� f�� I _ � / n- — u � Il�r I i is�•�t ' �± r{�/ , � I ( I� �� I '� • � ...�: . �.� ; �^ � :� \ I , �� +. ,.r � •,n..r '""sr:i ' :R2. � L ��C tt � �.;` • � 1;;. � _ �`. � � I : �;. -. / , . /� t%{� �•; :'1. : r.tl„ i (�' %• ...',;e�� :s.. ,.. � •. �sc�t[s auOKV� rs�vrlr� �• r•� • 1 , 2F �� . � 2G .., � . ' ' ' ' ' •M. E. COINNER '� Johnson's Wood Products � s� . .. : : :. ...�,,. ..... . 5900 Main Street „;•- � r° �t� . ; l� � i s ; ; ,.� •. i. N. �tNG►.' Gb � ' , ' .� 1!r .K. _ � I� : � ------ '1� : �`��"�/ � � , '� ir�wr�� /�M� Cw. %t � I� � �t.O.vL�. � �� T � � � 9 �» " : � ' �s � � � � � , � , � Nw.�rd �fi � � � � � �' . �' � � � ' � (•oo) O 59(�O � -- � : ( � � ►� � � �. ; � ,.a • r R � i � �..�i s.. a,.� � ' ; ' � � (r»o) . :, ; 596QE.R.R. � � �� y �� :; , ' ' , � � � �� ~•� . , . � � , � � -- � " - : ` ; � �,,,, 5 93 0 11 • � I � � � . Cw�r�b� iM��.('. �.�t• /A � R r . � � � � e �,.'"�►-�r ;• .�' ( ' �,.� �f � � Z Z .E':`"''; ' ;�� nr.�� ., �� 22 r• � � .�; � �"nui � i � � � ! �' . '� � � ., ; � p- �,�• i�- ------------•--- - _- - � ' `� ! � � 6�„�.t. � ,�� ; vi 1. ; . � �.�► � . .. � 4 . ' � � 6,iM. .AIYK CO. ` ; I : s. s.s.�c. � �� I :� � � X I ' �t 51 ' - _ -�� ia�.�y : , �/i �„y,,;u.��.. C. ( � ! �R � , � - 1 1 1 / �o �,t --_, {J�W MANUFI�LTURM4 DL9IGING � I/O�X'10��H,�if 70HN50W WA9D PRODliG19 S PUN 51UDY 1 �Q3 Al�s tl�uu:a:z MCUt�trs� r.x�nnc, an�w IS,wvo s� s � I I I I I/_ I I 1 I I !EW 30 LAR PARKN4 10T M Gerald H. Johns. 5900 hiai n Stree . Variance Reques;. �� 10 x s+�' {/11pMf� POLKS m — -- -- - �A_lN __ STRFFT ----.-�.----_�.- 2 �i --=� /1, � . . 3 FOR CONCURRENCE BY THE CITY COUNCIL �- APPOINTMENT :. Seqi:eri�er 24, 19�4 , October 1, 1984 •• i � � • • i�, •• i • ..� i �•, �►�• �• a. �� RESIGNIl� N�ER Carol Fassett 1001 Lynde Drive NE (H) 571-5476 � .:- � � • � . ORDINANCE ZO AN�3�ID ZiiE QTY �E OF THE CITY OF FRIDLEY, MII�50TA BY MAKII� A Q�i�E IN ZGNII� DIS�2ICTS '�e Co�mcil of the City of Fridley does ordain as follaas: SDCTION 1. ApQendix D of the City Code of Fridley is amended as hereinaf ter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: �e West 257 feet of Lots 6 and 7, Auditor's Subdivision No. 153, together with an easement for water and sewer over that part of Lots 6 and 7 lying north of the South 232.5 feet thereof , except the West 257 feet of Lots 6 and 7, (subject to road and utility easement 25 feet wide to the City of Fridley) , and the East 50 feet of the West 257 feet of Lots 6 and 7, Auditor's Subdivision No. 153, except the West 207 feet thereof, except part to Julkawski, Parcel 540, subject to road and utility easement 25 foot wide to City of Fridley located in the North ha7f of Section 25, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. Is hereby designated to be in Zoned District knvwn as C-2 (qeneral business) . SECTION 3. 'IY�at the Zming Ac�ninistrator is directed to change the official zoning map to show such tract or area to be rezoned from Zoned District C-1 (local business) to C-2 (general business) PASSID AND AD�PTID BY THE CITY �UNCIL OF THE CITY OF FFIDLEY ZI�iIS DAY OF , 1984. �9ILLIAt•1 J. NEE - t�'AYOR .� SIIX�IE�'Y C. Il�4fAN - QTY CLF�2K Public Hearing: October 1, 1984 First Reading: Second Reading: Publish: ZQA �84-03 4 4A CITY OF FRIDLEY PLANNINt� COMMISSION MEETING, AUGUST 22, 1984 CALL TO ORDER: Vice-Chairperson Oquist cal ed the August 22, 1984, Planning Comnission meeting to order at 7:32 p.m. ROLL CALL: Menbers Present: Mr. Oquist, . Gabel, Mr. Nielsen, Mr. Minton, P1r. Kondrick, r. Saba Menbers Absent: Ms. Schnabel Others Present: Jim Robinson, Pla ning Specialist Jeremy Mayberg, F 11 Pink Assoc. Architects Sidney Roff, Godfa er's Pizza APPROVAL OF JULY 18, 1984, PLAWNING CON�'1ISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. PI.IWNII7G COMMISSION MINUTES AS �IRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, VI CARRIED UNANIMOUSLY. ISEN, TO APPROVE THE JULY 18, 2984, EP.SON OQUIST DECI�RED THE MOTION 1. PUBLIC HEARING: REZONING RE UEST, ZOA �84-03 BY RALPH ALLEN FOR �15FAfil�'ER S PIZZA: Rezone from C-1 local business to C-2 general usiness e ast 50 feet of the West 257 feet of Lots 6 and 7, Auditor's Subdivision PJo. 153 and that part of Lots 6 and 7 lying Easterly of the West 257 feet lying North of the South 232.5 feet thereof, subject to road and utility easement 25 ft, west to City of Fridley, except Parcel 540, all in Auditor's Subdivision #153, the same being 5151 Central Avenue N.E. 1NOTION BY MR. KONDRICK, SECONDED BY MS. GABEL, TO OPEN THE PUBLIC HEARING ON ZOA 1184-03 BY RALPH ALLEN FOR GODFATHER'S PIZZA. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE FUBLIC HEARING OPEN AT 7:35 P.M. Mr. Robinson stated this property was located on the southeast corner of 52nd Ave, and Central Ave. The zoning at this time is C-1, and a C-2 zoning �s needed for a restaurant. The property is surrounded by C-3 on the north (Skywood Mall, Menards), by C-1 on tf�e east (apartment building and some vacant land), and cortrtunercial to the south and across the street in Columbia Heights. Mr. Robinson stated the whole building is used right now by Great American Music. The plan is to split and remodel and have Godfather's Pizza on the north portion (3,200 sq. ft.). That would leave 6,400 sq. ft. remaining of retail space for Great American Music. 4� PLANNING COMMISSION MEETING, AUGUST 22, 1984 PAGE 2 Mr. Robinson stated some extensive remodeling is necessary to bring this property up to today's code. They plan to cut back on the existing blacktop area and replace it with landscaping and irrigation. The new�construction consists of remodeling and adding to the parking lot in the rear of the building. The facility will have the required amount of parking stalls at 79. The restaurant, serving liquor, is required to have one stall for every three seats. Godfather's Pizza is proposing 108 seats and 36 parking stalls. The retail portion requires one stall for 150 customers making 43 spaces, for an overall total of 79 parking stalls. Mr, Robinson stated the �ain concern Staff has is that there be ample parking. Some concerns were raised by the neighbors regarding parking. Apparently, Great American Music sells tickets in the morning when the parking lot becomes quite crowded. However, t�is is primarily in the morning and Godfather's Pizza will not open until noon, so parkingshould not be a problem. Mr. Robinson stated two stipulations were an apF�roved landscaping plan and an approved irrigation plan. Mr. Jeremy Mayberg stated he was with Paul Pink Assoc. Architects, who have been commissioned by Godfather's Pizza to develop the plan and work through t he rezoning process and, when approved, to go forward with the actual architectural design of the restaurant. He introduced Mr. Sid Roff, a con- struction site engineer for Godfather's Pizza, who was responsible for most of the midwest construction of Godfather's Pizzas. He stated Mr. Roff would give a brief description of the Godfather Pizza operation. Mr. Roff Stated Godfather's Pizza is a family restaurant. It is a sit-down restaurant and not a fast-food restaurant. They serve beer, pizza, and sandwiches. The mea� and all the ingredients for the pizza and sandwiches are pre-prepped and shipped in. They do not cook per se. They do not have any grills or fryers, only an oven. Mr. Mayberg stated they feel this is not a typical kind of development that is occurring on Central Ave. and is not what they would consider to have a negative impact on the site. Mr. Mayberg stated one thing he would like some clarification on was regard- ing the improvement and maintenance of the site beyond their property line Mtri ch is ci ty property. Mr. Robinson stated it was city policy that the boulevard was the property owner's responsibility for landscaping and maintenance. Mr. Mayberg asked if they would have to install irrigation and ma�ntain the boulevard area on Central Ave. which is not their property. The boulevard area is approximately 40 ft, to their property line. Mr. Oquist stated the petitioner definitely haci a valid concern when there is that much boulevard area. It would seem reasonable for the petitioner to install irrigation on their property and maintain as much area as they can, 4C PLANNI��G CON�tISSION MEETING, AUGUST 22, 1984 PAGE 3 Mr. Robinson agreed and stated he would check this in Staff because that was a lot of area to maintain. It was possible the State Highway Dept. would maintain that boulevard area. Mr. Oquist asked if the outside of the structure would be remodeled differently for Godfather's Pizza and for Great American Music. Mr. Roff stated there will not be a great deal of change to the outside of the structure, other than a separate entryway and signage. Mr. Mayberg stated they fiave been in contact with Great American Music, and it is Great American Music's intention to upgrade the outside of the building, but they are waiting for the outcome of this rezoning request. Mr. Mayberg stated the peak period of the Great American Music store and the restaurant are off hours. The restaurant peaks after 7:00 p.m., and the record business peaks before 7:00 p.m. The concern expressed regardir�g perking by the neighbors was the result of Great American Music selling tickets to concerts, so some mornings there may be hundreds of people lined up waiting to buy tickets. At that point, the parking lot does not satisfy the parking need. However, that surge is gone by 11:00-noon when Godfather's Pizza opens up for business. So, what may be a problem of great concern ►�ally doesn't affect the parking impact. Mr. Robinson stated the Engineering Dept. has made the comment that there is the chance that the City might want to widen 52nd Ave. If that is the case, it would require some road easement, but would not affect this pro- prosed plan. Mr. Mayberg stated Goufather's Pizza was certainly willing to work with the City on that. He stated there was 12 ft, from the edge of the existing parking lot to the street, so that should not be a problem. Mr. Oquist suggested the petitioner discuss with the City exactly what the City's plans are for the widening of 52nd Ave. MOTIO,N BY MP.. KONDRICK� SECONDED BY MR. MINTON� TO CLOSE THE pUBLIC HEARING ON ZOA �184-03 BY RALPX ALLEN FOR GODFATHER'S PIZZA. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE PUBLIC HEARING CIASED AT 8:04 P.M. 1�lOTION BY MP.. KONDRICK� SECONDED BY !�. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REZQNING REpL'EST ZOA #84-03 BY RALPH ALLEN FOR GODFATHER'S PIZZA, TO REZOr1E FROM C-1 (LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) THE EAST 50 FEET OF TXE WEST 257 FEET OF LOTS 6 AND 7, AUDITOR�S SUBDIVISION NO. 153 AND TNAT PART OF LOTS 6 AND 7 LYING EASTERLY OF TNE WEST 257 FEET LYING NORTH OF TXE SOUTH 232.5 FEET THEREOF, SUBJECT TO ROAD AND UTILITY EASEMENT 25 FT. WEST TO THE CITY OF FRIDLEY, EXCEPT PARCEL 590, ALL IN AUDITOR'S SUBDIVISION NO. 153� TfIE SAME BEING 5151 CENTRAL AVENUE N.E.� WITH THE FOI.LOWING STIPULATIOI�IS: 1. AN APPROVED LANDSCAPING PLAN 2. AN APPROVED IRRICATION PLAN PLAtJNItJG COMPIISSION MEETING, AUGUST 22, 1984 PAGE 4 Mr. Mayberg stated he would like to let the Commission know what a pleasure it has been working with Jim Robinson. He stated Mr. Robinson has been very helpful and they look forward to contin�ing to work with him. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPEP.SQN OQUIST DECLARED THE 1UOTZON CARRIED UNANIlNOUSLY. � 2. RECEIVE JULY 10, 1984, COMI�UNITY DEVELOPMENT COMMISSION MINUTES: 1NOTION BY MR. OQUIST, COMMUNITY DEVELOPMENT UPON A VOICE VOTE, ALL VOTING 1 MOTIGW CARRIED UNANIMOUSLY. 3. RECEIVE JULY 16, 1984, PARKS & BY MR. KONDRICK, TO RECEIVE TXE JULY 10, 1984, �N 1HINUTES. 'E� VICE-CHAIRPERSON OQUIST DECLARED THE :CREATION COMMISSION MINUTES: 1�lOTION BY MR. ICONDRICK� SECONDED � MR. NIEZSEN, TO RECEIVE THE JULY 16, I984, PARKS 6 RECREATIGYV COMMISSION MIN ES. UPON A VOICE VOTE, ALL VOTING AYE, �(ICE-CHAIRPERSON OQUIST DECLARED TJIE MOTION CARRIED UNANIMDUSLY. � 4. RECEIVE JULY 12. 1984, AND AUGUST 2, V 984, HUF1APJ RESOURCES COMMISSION P1INUTES: MOTION BY MR. MINTON, SECONDED BY MR. AND AUGUST 2, 1984, XUMAN RESDURCES C UPON A VOICE VOTE, ALL VOTING AYE, [' MOTION CARRIED UNANIMOi1SLY. 5. RECEIVE JULY 17, 1984, E��VIRONMENTAL DRICK, TO RECEIVE THE JULY 12, 1984, SSION MINUTES. AIRPERSON OQUIST DECLARED THE Y COMMISSION MINUTES: MOTION BY MR. NIELSEN� SECONDED BY MR. SABA �TO RECEIVE THE JULY 17� 1984, ENVIRONMENTAL QUALITY COMMISSION MINUTES. UPON A Vt�ICE VOTE, ALL VOTING AYE, VICE-CH 1NOTION CARRIED UNANIMOUSLY. 6. RECEIVE JULY 24, 1984, APPEALS COMMISSION MINUT�;: 1�lOTION BY MS. GABEL, SECONDED BY l�t. MINTON, TO APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAI PlOTION CARRIED UNANIMOUSLY. OQUIST DECLARED THE IVE THE JULY Z4� 1984, OQUIST DECLARED THE 4D ► � � �` , #- {.,_ .� _ �_-' � �� • ; { - -4 � E �: ' t � tio� Q g � t,� - ' ` �.c�7�J ° � . . r•.• .. 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' * � y �.,,,�; « �. • ... ,'/ ��" �% W �' A . — _ . ' � I�i/� _ w�r+ Q• �:� � ,� ;.� �.�%:. ,. V�N(JE. ..,•� ' �•' � � S •` `•••,i�..r t'�i.. ^ � .«N � _ � '• � _ - �- ts' .. - . •2 {. •'/;�rii' .r7�r� ' ; I (/�� Ai diiwrr! L. t� � i c ,<<� �� '�� •: , j /` i ie ! !�� . � f t r � � � � . � � � � > > � _ � . � ��w�� /�� I y M M ■y M \i �e��5 r : pklvE - Q�( /�� • ; �: ..y.:r�; v.. a � �i�1�CiRT N `: � � � ��t,. +9�t.�� /�� ' � ;.;.;.; . . .. ; ..♦ :, ... . �.. ,,� �� . � � r �:�:�� •�•�•�•* ��: ��•s•=��a� . � ��.►. ��4 _ '�'�'` � � I ♦♦••♦♦ � �s�s� S�C ` � � , . � ' � /��♦ � /!�� : � [� ►��a� r� � 1!� _ ►�� i�� .' , '.❖.• - ; � �.►�iii�� .._... �; �i�E�►� �:�` - -�.�, ��,,i•�._,•�� ~� 0�� I. AMM�� /N�NN� ` . I��`��ar � �,:: _ .. � ADJACENT ZONING (EXISTING): NORTH: ZOA # 84-03 SOUTH: 5151 Central EAST: WEST: (COLUM6IA HEIGHTS) COMMERCI (Columbis Hs hts W , � . Z , W < � .� J � RETA1 a CENT R ~ W _ V � �! .� C-3 �•. >> �� G - _..__ �� BANK . ~ �.'\ � .\ � � � _ __� .. .. � 5�nd AVENUE , � -- — � � APAR�MENT BLOCs. � � ! � 1 � — (�`�1 _. . �' a�s• :os• , so� , ,, . COMMERCIAL ' � (Columbia Heights) � � ` , ' � \� • / �. � -'� ' �\ pE AUR NT UND p C NgT � KEY PLAN NOT TO SCALE . � � �,-1_Tp BE RE�,ONED C-2 , . «,� . • �.; MEMORANDUM ZO: NASIM M. 4URESfiIr CITY MAI�GER •,• �� r a �:' • «a �• • ��• �� i�+•, a •�• � � � L1ATE: 0(.'TCBER 10, 1984 Due to the problens involved in securing a release f rom the lease holder of the Holly Shopping Center Liquor Store, and in reviewing the available Council meetings within the next two months, we have subsequently run into a problem with the bidding process for the beer 000lers. It appears now that in order to meet the necessary guidelines we would be unable to acquire the beer coolers in a tir�ely enough fashion to have them purchased and installed prior to the C�ristlnas holiday season. This would present major problens for us in that the key el�ent in maving prior to �ristr�as is to: 1. E�sure that we capture that large vol�ne trade in a wardlouse location. 2. Zb ensure this mave wi11 allow us free advertising by the mere fact that this is the time of year when most people go to the liquor stores. In reviewing this situation with the City auditor, he recommends that we purchase the beer 000lers under the emergency ordinance procedures. These procedures are found in Chapter 3, Section 3.06 of the City Charter and states, "for the imnediate preservation of the public peace, health, morals, safety or welfare." It is our opinion that the failure to comply with the deadline as set for the moving of the liquor store would have a negative effect on the City's reisdents in that the loss of revenues that would result frorn failure to mave in a timely fashion would result in an overall net loss to our liquor operations for the year 1984. �his would have a direct impact on the General Fund Budget in that we are currently budgeting and trasferring $120,000 from the Liquor Store operations. Zb aid us in the process, the City has used the biinnesota Municipal Liquor Stores Association. The City has been involved with this association for a nu�*iber of years and they provide expertise to municigal liquor stores and their operations. We have used them in the past, and so have many other m�micipal liquor operations, to aid us in the process of bidding and aoquiring other types of supplies and equipnent. They have, in fact, helped us with the bid specifications and further have supplied us with an extensive list of potential contractors and suppliers. This list includes both local and national representatives which supplies these type of itens. We have sent our specifications to these contractors and requested that sealed bids be delivered to the City by October 15, 1984. �erefore, we are still reoeiving sealed bicis, we have contacted a large group of oontractors and the only effect of this or3inance is that we will not be advertising nor will the City Council be actually acting on awarding the bid. We will bring forward the results of the bids to the City Council after we have contracted for this equipment for thei r"af ter the fact" f inal aoncurr�ce. As stated before, we are doing this upon an agreement recatmiendation of the City Auditor, we have reviewed the process with the City Attorney and reoamnend the City Council apprwe this emergency ordinance at the October 15, 1984 meeting. 9CI:sh 5 �;. ��:�.�-�� AN II�+�FIJCY ORDINANGE FOR EXPENDING FUNDS TO PURCHASE BF.gt AI�ID INSTALL BEIIt �IIiS Tt�e City Coi.mcil of the City of Fridley does ordain as follaws: SFXTION l. That the City Council of the city of Fridey f inds that it is neoessary to expend f�mds for energency purchase and replacement of certain beer 000lers to be located in the new liquor store; that the Finance Director and City Auditor �oncur that failure to make such a purchase oould have negative f inancial ef fects on the City and that failure to purchase such itens in a timely fashion oould effect the public welfare; that accordingly an emergency exists within the provision of 3.06 of the City C7�arter. SECTION 2. ZY�at it is deened neoessary, therefore, that the City oontract and purchase such neoessary labor and material and enter into such contract or oontracts as may be neoessary without advertising for bids for the energency purchase and installation of beer coolers and f ixtures for the City of Fridley War�ouse Liquor Store; and that the stan shal l not exceed Fif ty-f ive Thousand and no h�dredths ($55,000.00) Dollars. PASSID AI�ID ADOPTID BY �iE CITY OWNCIL OF �iE CITY OF FRIDLEY �iIS DAY OF , 1984. WILLLAM J. NEE - r9AYOR ATI'EST: SIDNEY C. Il�II�iAN - CITY CLERK Publish: 5A MINNESOTA 5B %1 .C�t;��co�t $tev�ct� r� �4'r11lM�� INCOR►�ORATED � �i,� ! y. '� * : An o�ani:dion aompos�d of tM nwnk3pally-0p�r�hd Di�n�a�i�� of IKinn�sof� RES�DENT Wm 8areih � Moose Lake. MN 55767 ICE PRESIDENI Bob MtGu��! fr�d�ev MN 55471 REASURER James Van Hylte Marsna❑ MN 56258 IRECTORS B�II Wr�nknetnl Kasso� MN 55944 James Mari�n Lake.�i�e MN 55044 D�c► R�sacne� Slavto�. MN 56172 8ob McGu��e fr�d�ey MN 55421 Neis Stnwnau Mouna MN 55364 James Van Hylie Marstia�� MN S62S8 Wm 8a�esh Moose Lakr MN 55767 a�� ee��s Fa�rmont MN 56031 Arv�llp Tnpmps0� Devu�� La►es MN 56501 9�u 2sw�sia► Ano►a MN 55303 Da�e Oa��Dr�p E�► R�ver MN 55330 lvnco� GnH�n E■ec Sec� June 7, 1984 Mr. Robert McGuire Manager Fridley Bottle Shop 6289 N.E. Highway �i 65 Fridley, Minnesota 55432 Dear Mr. McGui re, Following detailed revisions of fixtures for your proposed new package liquor store (detailed specifications under separate cover), I am pleased to set forth highly accurate pricing estimates: Equipment Glass Display Ooors .......... New 6ravity Flow Shelving .... Gravity Flow Parts for Current Shelving ........... Walk-In Cooler ............... Plastic Strip Door ........... Mechanical Refrigeration ..... Steel Display Shelving ....... Wine Rail Gondolas .... ..... Plastic Laminate Endboards (3 wall ends, 2 gondola ends and 2 box corners) ......... Checkouts (one new unit plus new tops for 2 present units and half/pint case) ......... Estimated Freight on Above a 8,500.00 E s,822.00 $ ��%��.�Q � 9,900.00 E 150.00 E 7,6a7.00 � 4,890.00 � ��2�.�� s000.�� 1,190.00 $ 44,819.00 Tota1 Not to Exceed .................................E 2,500.00 Installation on Above Including takedown of current checkouts, gravity flow shelving and new installa- tion of same..AND•WiaE•BA�KETb•••••••••••••••••••• E ��300.00 _ Respectfully,�/C�j �� ' `^r' =.1 �J�'1 • � �' 1 Lyndon M. Griffin 10001 Goodr�ch Rosd • B�oom�npton. MN 55437 • 612•835•2035 a 54,619.00 SUGGESTED VENDORS: RETURN BY: FIY'UR: COhTRACTORS 0 1; Paul 0'Gorman � Liouor S:�re Equ�pnent 3 Supply 9925 Lyrdale Ave*ue Sou'.h Minneapolis. M�nnesota 55420 (612) 688-7939 ?. Terry Gaetke Recriceratio� Systems, Inc. 293 Como Avenue , Su�te 104 St. Paul. Minnescta 55103 (612) 466-5595 3. Jim Vane National Store Fixtures 2517 North Waconia Circle N.E. East Bethel, Minnesota 55005 {612} 434-4933 4. Nussrr�an tvcrth Central 6100 h'ayzata Boulevard Minneapolis. Minnes�ta 55416 (612) 545-1691 5. Superipr Proc'utts Co. 520 West County Road "D" New Brighton, Minnesota 55112 (612) 636-1110 AWARDED T0: VENDOR PO#: DATE 5C. l�] CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 26, 1984 CALL TO ORDER: Chairwoman Schnabel called the September 26, 1984, Planning Comnission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Ms. Schnabel� Mr. Oquist. Ms. 6abe1, Mr. Nielsen, Mr. Saba, Mr. Minton. Mr. Kondrick Menbers Absent: None Oti�ers Present: Jim Robinson, Planning Coordinator Scott Nolmer, The Lift, 6319 t�ighway 65 Hugh Churchi 11, 5955 - 2;. St. N. E. Karl & t4argaret Schurr, 7818 Alden Way James Faulwell, Unity Medical Center Tim McKee� Timco Construction, Inc.,9421 W. River Rd. Tom McKee. Timco Construction, Inc.,9421 W. River Rd. Frank Hart, Jr,� 6000 - 3rd St. N.E. APPROVAL OF SEPTEMBER 12, 1984, PLA1�tiING COMMISSI�N MIi�UTES: MOiIOh BY MR. KONDRZCK� SECONDED BY JNR. NIEISEN, TD APPP.OVE THE SEPT. I2, 1484, PLriNNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTIAN CARRIED UNANIMOUSLY. 1. TABLED: PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #84-15 KI 0 IK : er ection 5. ., ,, o t e ri ey City Co e, to allow an outsi e boat yard and patio furniture display on Lots 9, 10, and 11, Block 1, Moore Lake Highlands, the same being 6319 Highway #65 N.E. Public hearing open. Mr. Robinson stated this property was located on the northeast corner of 63rd Ave. and Highway �Y65. The zoning was C-2. The property was surrounded by R-2 density and single family density with some commercial zoning to the south. • Mr. Robinson stated the petitioner was requesting a special use permit for Nhat was presently a canoe storage and sales area. In conjunction with the special use permit, Staff is looking at some stipulations in :�-der to bring the property up to code. Staff was recommending the follow;ng recomnendations: 6A PLANNIF�G CONU�ISSIOP� MEETING. SEPTEMBER 26, 1984 PAGE 2 1. 2. 3. 4. 5. 6. Restain wooden fence on both sides Provide a screened dumpster location with a solid wood fence on all sides Mulch all existing planting beds. � Plant vines on chain link fence where possible Stripe parking lot Provide a timetable pertaining to the provision of site plan includir.g parking lot setbacks� concr�te �ompleie landscaping. � finalized cuhbing, and Ms. Schnabel asked the petitioner, Mr. Holmer, if he was agreeable to the above stipulations. Mr. Holmer stated that regarding �2, he does have the dumpster fenced in on three sides. The dumpster was tucked up alongside the trailer so it was not visible from the normal public parking. He was reluctant to put a gate on the fence because the fence was not engineered for a gate. He would have to re-engineer the whole fence or construct a new fence. He agreed that in the past before the trailer was brought in for an additional office facility, the dumpster was in full view, but it wasn't now. Mr. Robinson stated they really need a permanent screened dumpster as that is city code. Mr. Holmer stated that regarding #3, he fully intended to mulch the planting beds. Mr. Holmer asked for the reasoning for #4, planting vines on chain link fence where possible. P1r. Robinson stated that when he visited the property, there was nothing in the fenced-in area, and the appearance was not very good. The screening provided was pretty limited. He stated a parking lot is required to be screened by code. He was suggesting that planting vines would be an economical way of screening the parking lot. Mr. Holmer stated that having the vines on the fence v�ould destroy the sale- ability of the garden shop, even though he realized the garden shop was only open two months out of the year. Ne stated that, as Staff has suggested earlier, he had planted trees down the south side and alpine currants in front of the building, so he felt he had done quite a bit of landscaping. He really felt i� was unfair to require him to block his facility from public view. This was an outdoor sales facility. Mr. Holmer stated that regarding #5, striping the parking lot, he has neg- lected having that done for a number of years. He has to sealcoat the drive- way yearly,and he has just neglected to have it striped. He stated the striping will definitely be done this fall. � : PLANNI��G COMMISSION MEETING, SEPTEMBER 26, 1984 __ __ _PAGE 3 Mr. Holmer stated that regarding the timetable, he thought it was a 1987 timetable. In order to upgrade the parking, put in concrete curbing, etc., they would lose a good chunk of parking which would basically make them illegal per city code. � Mr. Robinson asked Mr. Holmer to explain his long range planning. Mr. Holmer stated he has taken out a 3-year permit for the office facility (trailer). His long range plans are the same as they have always been, and that is when his option to buy comes up in the fall of 1986, he will be taking over the buy-out option. As soon after that as is feasibly possible, he will add on to the building. They are cramped for space now, and that is the reason for the permit for the temporary office facility. He stated he was trying to expand as economically as possible. He thought the 1987 time- table was feasible. Mr. Holmer stated he was asking for a special use permit which he thought he had when he went to the Planning Comnission and City Council about five years ago. He had not realized at that time that the special use permit was jast for a garden sFiop; he had thought it was for all outdoor display situations. He had not intended to be in violation of city code, and this was an attempt to get a permit for what has been done for the last five years. Mr. Holmer stated that as far as the patio furniture part of the special use permit, at this point in time, he has no intention of putting patio furniture in the Fridley location. He is doing it at his new Hopkins location and may do it in Fridley, if it works well in Hopkins. He had included the patio furniture in the special use permit request so that he would not have to come back for a special use permit at a later date. Mr. Robinson stated a solution for the fencing of the dumpster on all four sides could be a chain link fence with wooden slats. Mr. Holmer stated that sounded like a good solution, and he would probably do that. Mr. Oquist stated that regarding planting vines on the chain link fence to screen the parking, it would take 2-3 years for the vines to be thick enough to have any affect. By then, P1r. Holmer might be taking that fencing down. l�lOa^ION BY MR. KONDRICK, SECONDED BY MR. SABA� TO CLOSE TXE PUBLIC HEARING QN SP #84-15 BY THE LIFT SKI AND BIKE. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED�TNE PUBLIC E�ARING CZASED AT 8:04 P.M. Mr. Saba stated he also questioned the stipulation requiring vines to be planted on the chain link fencing. He did not think it was a viable option, and would like to see that stipulation deleted. 6C PLANNING COMMISSION MEETING, SEPTEMBER 26, 1984 PAGE 4 Mr. Oquist agreed that stipulation should be deleted. He stated that as far as the stipulation requiring the dumpster to be screened on all sides with a solid wood fence, he would like to see that changed to not specify a wood fence. Mr. Robinson suggested, and the Cortmissioners agreed, that this special use permit should be scheduled for review in three years. AlOTION BY MR. OQUIST,,SECONDED BY PIR. SABA, TD RECOMMEND TD THE CITY CDUNCIL APPROVAL OF SPECIAL USE PERINIT, SP N85-14, BY LIFj`SKI AND BIKE, PER SECTIDN 205.14.1, 3, C, OF THE FRIDLEY CITY CODE, TO ALLOW AN OUTSIDE BOAT YARA AND PATIO FURNITURE DISPLAY ON LOTS 9, i0 AND 11, BLOCK 1, MDORE LAI�E HIGi?LANDS, THE SAME BEING 6319 HIGhiWAY N65 N.E., WITH TNE FOLLAWING STIPUALATIONS: 1. RETAIN A WOODEN FENCE ON BOTN SIDES. 2. PROVIDE A SCREENED DUMPSTER I�OCATION WITH A FENCE ON ALL SIDES. 3. MULCH ALL EXISTING PLANTING BEDS. � 4. STRIPE PARKING LOT. 5. PROVIDE A TIMETABLE PERTAINING TO TXE PROVISIONS OF THE FINALIZED SITE PLAN INCLUDING PARKING LOT SETBACKS, CONCRETE CURBING AND COMPLETE LANDSCAPING. 6. THIS SPECIAL ilSE PERMIT BE REVIEWED BY COUNCIL IN THREE YEARS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED TNE MOTION CARRIED UNIMOUSLY. = Ms. Schnabel stated this item would go to Council on October 15th. 2. PuaLic: MtARING: CONSIDERATION OF A SPECiAL USE PERMJT, SP �84-17 Ur�ITr ER Y J E1N H INES: Per Sect�on 05.07. ,, 8, to a ow expansion o t e par ing ots of Unity Hospital, 550 Osborne Road and the Professional 8uilding at 500 Osborne Road, located on Parcels 600 and 2400 in the North Half of Section 11, T-30, R-24, City of Fridley, County of Anoka, Minnesota. (Complete legal description on file with the City) MOT701V BY MS. GABEL, SBCONDED BY MR. MINTON, 21� OPEN THE PUBLIC HEARING ON SP if84-17, UNITY MEDICAL CENTER BY JOHN NAINES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCNNABEL DECLARED THE PUBLIC tIEARING OPEN AT 8:10 P.M. Mr. Robinson stated the Unity Hospital complex, located on Osborne Road east of University Ave., was contemplating a major parking redevelopment and expansion for completion in the spring 1985. He stated city staff has worked with the petitioners to come up with the present plan. The total of new parking stalls is approximately 250 with the proposed addition. He stated the plan was an improvement in terms of circulation. Mr. Tom McKee, Timco Construction, Inc., staied one of the reasons for this plan was to get better control of the traffic. They felt this was a good plan and would help eliminate a lot of the confusian that ha5 been existing. Ms. Schnabel asked about lighting. Mr. Tom McKee stated the parking lot will be we]1 lit. He stated that is a concern of the hospital also because of the second and third shift employees. He stated the lighting plan will be submitted to the City for approval. They will try to reflect the lights into tt+e parking 1ot rather than out of the parking lot into the neighborhood. � PLANNING COMPIISSION MEETING, SEPTEPI6ER 26, 1984 PAGE 5 Mr. Robinson stated Staff was recommending the following stipulations: 1. An approved landscaping plan 2. An approved lighting plan 3. An approved signage plan 4. An approved drainage plan 5, A�$15,000 performance bond. Mr. Tom M�Kee stated they had no problem with any of those stipulations. MOTION BY MR. KONDRICK� SECONDED BY 1NR. MIN�ON, TO CLOSE THE PUBLIC HEARING ON SP 1�84-I 7, UNITY HOSPITAL CENTER BY JOXN HAINES. UPON A VDICE VOTE� ALL VOTING AYE� CXAZRIIOMAN SCHNABEL DECLARED THE PUBLIC XEARING CL0.SED AT 8:30 P.M. �lOTION BY MR. KONDRICIC, SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP N84-17, UNITY MEDICAL CENTER BY JOHN HAINES, PER SECTION 205.07.1, 3, B, T1� ALLOW TKE EXPANSIAN OF THE PARKING LOTS OF UNITY XOSPITAL, 550 OSBORNE ROAD AND TXE PROFESSIONAL BUILDING AT 500 OSBORNE ROAD, LOCATED ON PARCELS 600 AND 2900 IN THE NORTN HALF OF SECTION 11, T-30, R-29, CITY OF FRIDLEY, COUN TY OF ANOKA, MINNESOTA, WITH THE FOLLOWING STIPULATIONS: 1. AN APPROVED LANDSCAPING PLAN 2. AN APPROVED LIGNTING PLAN 3. AN APPROVED SIGNAGE PLAN 4. AN APPROVED DRAINAGE PLAN 5. A'515,000 PERFORMANCE $OND UPON A VOICE VOTE, ALL V02ING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on October 15. 3. LOT SPLIT REQUEST, L.S. #84-10, HUGH CHURCHILL: Split off the Northerly 8 feet of Lot 29, combined with Lot 30, Block 11, Hyde Park, to make a new builc�ing site at 5963 2 1/2 Street N.E. Mr. Robinson stated the property was in Hyde Park, which is a special zoning district. It is located on the southeast corner of 60th Ave. and 22 St. Mr. Robinson stated the original proposal was to add 8 ft. on to the corner lot which was 40.64 ft., making a lot width of 50.64 ft. This would make the square footage of the new iot 6,611 sq. ft. In studying this a little further, Staff had found some concerns that should be addressed. He stated an application has been filed jointly with this for a variance on the lot size since since it would be iess than 7,500 sq. ft. Mr. Robinson had discovered that in the Hyde Park area, the minimum lot width is 60 ft., so one of the stipulations would be that Mr. Churchill also apply for a variance for the 60 ft, iot width as weil as the square footage of the lot of less than 7,500 sq. ft. uE PLANNIP�G COMMISSION MEETING, SEPTEMBER 26, 1984 PAGE 6 Mr. Robinson stated Staff would also request that the petitioner split off a minimum of 10 ft. He can do this and still maintain the setback needed. He presently has 16.5 ft. so he would still have more than 5 ft. The reason Staff is asking for this is that when there is a lot split, they require an attached garage. With an attached qarage, he would need a 5 ft, setback from the lot line.� �• In addition, code requires a double car garage. So, with a 5 ft. setback and a 22 ft. garage and the 25 ft, setback which is required for a double garage from the street, the petitioner would, in fact, need 10 ft, instead of 8 ft. which was originally proposed. Mr. Robinson stated Staff would recommend the following stipulations: 1. Lot split to be contingent upon approval of variances for: reduced lot area less than 7,500 sq. ft. and lot width less than 60 ft. 2, Split off a minimum of 10 ft, to allow for attached garage 3. Provide an attached two-car garage 4. Provide a survey of the existing corner lot to verify dimensions Mr. Robinson stated one other concern was that if the Planning Commission approves this lot split, are they creating the need for the variances? It becomes a matter of policy. Ms. Schnabe7 stated it has been city policy in the past that the city has not allowed development on 40 ft. lots unless they meet a certain minimum lot size. The City has always felt that it wanted to maintain certain minimum sizes to be mare consistent with the city overall. In fact, the City prefers, if possible, that the adjacent property owner or owners split the 40 ft. lots;and if it is a corner lot that the adjacent property owner keep the property rather than develop a 40 ft, lot. Ms. Schnabel stated that in the past also, the City felt it did not want anything less than a 60 ft. lot in Hyde Park and that was the reason the ordinance was passed. So, there was a problem with the width and the minimum lot size of this proposed lot split request. Ms. Schnabel stated the Hyde Park area has some unusual lot sizes and commer- cial mixed with residential,because there was not a lot of tight controls when it was originally developed. Part of the reason the whole Hyde Park neighborhood area was developed was to try to preserve the integrity of the neighborhood,to upgrade it and make it a more desirable area, to improve the area, to get the neighborhood more conscious of its surroundings and image and preserve it's neighborhood. Ms. Schnabel stated they should also address the fact that they are creating the need for variances if the lot split is approved, and a house was to be built on the lot. The Planning Comnission has to decide how they feel about creating the need for variances. Mr. Saba stated if they approve this lot split, the approval should be based on the approval of the Appeals Comnission on the variances. If the variances are not approved, the lot split would not be approved. GF PLANNI��G COMMISSIO�� NEETING, SEPTEPI6ER 26, 1984 _ PAGE l Mr. Oquist stated the only variances they are actually requiring are the lot width and the lot size. Once the lot split was approved, it was his understanding that a house could be built on the lot without any variances, Ms. Schnabel nsked if there was anyone in the audience who would like to make any comments about this request. Mr. Frank Hart, 6000 3rd St., stated he was at the meeting out of curiosity and would have no objection to the lot split. Mr. Robinson stated that if the Planning Commission was uncomfbrtable with making a recommendation at this time, they might want to take a look at what kind of house could be built on this property and also wait and look at this request again after it goes to the Appeals Commission for variances. Mr. Saba stated he would be more comfortable with looking at this again after the Appeals Commission's decision. Mr. Minton agreed with Mr. Saba. Mr. Oquist stated having a variance with a lot split really bothered him. If the Appeals Commission approves the variances, the Planning Commission should approve the lot split. It was almost like the Appeals Commission should rule on this and not the Planning Commission, because the variances almost take a precedent over the lot split. There just seemed to be some- thing wrong with this combination. MOTION BY MR. KONDRICK.TO APPROVE IAT SPLIT REflUEST� L.S. N84-10, BY HUGH CXURCKILL. MOTION DIED F1�R ZACK OF A SECOND. MOTION BY MR. MINTON� SEGbNDED BY MR. SABA, TO TABLE DISCUSSION ON LOT SPLIT REQUEST, L.S. iYB9-10� BY XUGH CNURCHILL UNTIL TAE PLANNING COMMISSION RECEIYES THE MINUTES FROM THE APPEALS COMMISSION MEETING OF OCT. 9. UPON A VOICE YDTE, MINTON AND SABA VOTING AYE, KONDRSCK VOTING NAY, AND GABEL AND OQUIST ABSTAINING, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED BY A VOTE OF �-1. Ms. Schnabel stated this item would be tabled until the Planning Comnission receives the minutes of the Appeals Comnission meeting on Oct. 9. Mr. Churchill stated he would think the City would want to see this lot improved and looking better. He stated he was tired of going through all this trouble, and he would just as soon fiave the City refund his money, and he would forget the whole thing. PLANNING COMMISSION MEETING, SEPTEMBER 26, 1984 PAGE 8 Ms. Schnabel stated that if Mr. Churchill wanted to withdraw his request, he was certainly free to do so. . Mr. Churchill stated he would like to withdraw his lot split request. 4. VACATION REQUEST, SAV �84-03, MINCO PRODUCTS BY KARL SCHURR: Vacate �3r Avenue et�i ween �ot 5, � oc , ommerce ar an ot T3, Block 1, Paco Industrial Park from Comnerce Circle West to the Burlington Northern Railroad tracks. Mr. Robinson stated this property was loca�ted on 73rd St. The petitioner has requested that 73rd, which is not a through street and deadends at the railroad tracks, be vacated from Commerce Circle back to the railroad tracks. This would allow the petitioner to use the area for green space and ponding and would improve his setback requirements. Because he is actually the only property owner, no one else is affected by this vacation. Mr. Robinson stated Staff was recomnending the following stipulations: 1. Existing utility easements which presently transect 73rd St. are not to be vacated. 2. P.rovide a 5 ft, wide utility easement along the north of 73rd St. right of way for buried NSP line 3, Provide a 15 ft, wide utility easement along the south of 73rd St. for buried Minnegasco line Mr. Robinson stated these utility easements would not affect the petitioner's plans. MOTION BY MR. KONDRICK� SECONDED BY MR. MINTON, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV �84-03, MINCO PRODUCTS BY KARL SCHURR, TO VACATE 73RD AVENUE BET'WEEN LOT 5, BLOCK 4, COMMERCE PARK AND LOT 13, BIACIC 1, PACO INDUSTRIAL PARK FROM COMMERCE CIRCLE WEST T�D THE BURLINGTON NORTXERN RAILROAD TRACKS, WITH THE FOLLOWING STIPULATIONS: I. EXISTING UTILITY EASEMENTS WHICH PRESENTLY TRANSECT 73RD ST. ARE NOT TO BE VACATED. 2. PROVIDE A 5 FT. WIDE UTILITY EASEMENT ALONG THE NORTH OF 73RD ST. RIGHT OF WAY F1DR BURIED NSP LINE. 3. PROVIDE A 15 FT. WIDE UTILITY EASEMENT ALONG THE SOUTX OF 73RD ST. FOR BURIED MINNEGASCO LINE. UPQN A VOICE VOTE, ALL VOTING AYE� CHAIRWQMAN SCHNABEL DECLARED TNE MOTION CARRIED UNANIINOUSLY. Ms. Schnabel stated this item would go to City Council on November 5. 6G � PLANNIWG COMMISSION MEETING, SEPTEMB�R 26 1984 __ PAGE 9 5. RECEIVE SEPTEMBER 6, 1984, HllMAN RESOURCES C44Y1MISSION MINUTES: MOTION BY MR. MINTON, SECONDED BY MR. KONDRICK, TO RECEIVE TNE SEPT. 6, 1984, IIUMAN RESOURCES COMMISSION MINUTES. Mr. Minton stated the Human Resources Commission looked at the Affirmative Action Plan for the City of Fridley. Their main purpose for doing that was to monitor on an ongoing basis the hiring and promotion of women and minorities in the City. They received a five year report, 1975-1980, and that report showed quite a bit of advancement, especially in the promotion or hiring of women in higher positions in the City. The Comnission was quite satisfied with the report. He stated Staff will be providing an updated report from 1980 - present, and they will see if there is any further progress. When he gets the updated report, he will pass it on to the Planning Commission. Ms. Schnabel stated she would appreciate receiving a copy of the 1975-1980 report and the new updated report. She stated she appreciated the Human Resources Cortunission's interest in the Affirmative Action Plan. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCHNABEL DECLARED THE MOTIDN CARRIED UNANIMOUSLY. 6. RECEIVE SEPTEMBER 18, 1984! APPEALS COMMISSION MINUTES: MOTION BY MS. GABEL, SECONDED BY MR. KONDRICK, TO RECEiVE THE SEPT. 18, 1484, APPERLS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR410MAN SCHIOABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY MR. KONDRICK, SECONDED BY MR. NIELSEN, TO ADJOURI� TNE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHAtABEL DECLAP.ED TXE SEPT. 26� 1984, PL.�NNING COMMISSIDN MEETING ADJOURNED AT 10:00 P.M. Respectfully submi ted, 1 � Lyn e Saba Recording Secretary . �� ` ' . , f ° ,� ;1�"�'� ,'l.� toa� �i�w � j �� , • �' e �a�- i, � � �, � P . '�- = sP s4-,5 . '�� E K 1 w M. AVEQ ti J . !� : � s ►- • • . Sk,� & i � i � �. f, �� - '' „ 1 r9 � � � • ' u � � � , . •, ,; , ��;� a �- � y � + ,� ie ,. - � . : � � ` � � Jy��s N --� . � �� • /, •' / Y y 1 � �7�f • � �C � � ri� � O� �! . � f � - � �`' � � .- +,, is •� `�N,a. � . : ' 1 11 z� 2� ��►� 4 ! . , q , ' ♦ ' K i� �� •�� !�},•� �� • �� y • �' . / � � � t � � �r �I .�/ /'� :� � � � • • � • � I� i -! i.nr 2• 7 i! . f �� + i� r� ��i • 1 ,� .'� T • • • st • . i s t a •. : •�. L I zA , c I-! � ° � • , � � �y ` ,1 I 1 • � • 1f ; �,a � � � � �o � : �� 5 ; � a �' � . _ _` _ �_� : ' � � • � � , i� :;. 3�0. 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'j.. .,: �''3 �y � �/ ,.: ` � � � �� '� �`�. d�J f�+ " � �� `s.� � � �� / ��j �;� � .� :' � -./ ;�\� ;y-� � � � � '� ' ., ��- �� : � '� � �%' � � � � -� - � �. \��: � '�� \ \� �� ✓ •� � �� -• �� :t: ' \ / \ � � ,�� / � � .� � � � `�- i � � �\ `/� �� \ �--��i� �, j �'� � .�: \ /�. � � � ��' -�: � .m � �� . � .;: � -. i � � . � , i s � F � i � ' b .� ' � ��< .� ' y �e . � .. �- � .: � - � � � . ��:. . ;� �„`��`�.�,.�.�j�..r, �,� - . . ' � ,i,,.� �+►,n ciw aw�na.:,'� '� �.�,�,�Z},,.,��w�.ti„�, : - : - - - - � .: -�c:�1.�:�:= a�:_��_ _. - . ; _, .� J CITY OF FRIDLEY PLANNING C0�•1MISSION MEETING, OCTOBER 3, 1984 CALL TO ORDER: Chairwoman Schnabel called the October 3, 1984, Planning Comnission meeting to order at 7:30 p.m. ROLL CALL: Menbers Present: Ms. Schnabel, Mr. Oquist, Mr. Minton, Ms. Gabel, Mr. Nielsen, Mr. Kondrick, Mr. Saba Members Absent: None Others Present: Jim Robinson, Planning Coordinator Larry Perlick, 8406 Center Orive, Spring Lake Park Rob Taylor, Coldwell Banker, 6600 France Ave. ' ' Lewis & Velma Farr, 157 River Edge Way Gerhard & Olga Pragal, 152 River Edge Way Helen Mikulak, 129 River Edge Way Bert & Olga Slater, 128 River Edge Way Tom & Kathy Shelton, 1571 - 61st Ave. N.E. APPROVAL OF SEPTEP1BER 26, 19£i4, PLANWING COMPIISSION MI_NUTES: MOTION BY MR. MINTON, SECQNDED BY �� pgUIST, TO APPROVE TXE SEPT. 26� 1984, PLANNING COMMISSION 1NINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARBD THE MOTION CARRIED UNANIMOLTSLY. 1. PUBLIC HEARING: CONSIDERATION OF A REZONING RE UEST ZOA �84-04 P.RY PERLICK: Rezane from M-1 light industria1 to C-R1 general office) t e Nort er y 155 ft. of Lot 9, Auditor's Subdivision No. 78, to allow the construction of a professional building, the same being 6095 East River Road N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. PiINTON, TO OPEN THE PUBLIC XEARING ON ZOA �l84-04 BY LARRY PERLZCK. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED THE PUBLIC BEARING OPEN AT 7:32 P.lN. ` Mr. Robinson stated this property was located on the southeast corner of 61st Way and East River Road. The property was currently zoned M-1, and the rezoning request was for C-R1 which was for a professional office-type building. The �ame of the proposed business was Communications and Special Software. The lot size was slightly over one acre. The building size will be 6,7?63 �SQ ft. on two floors,and the lot coverage was well under the prescri e 3�% limit. 7A PLANNIP�G COMMISSION MEETING, OCTOBER 3, 1984 _ PAGE 2 Mr. Robinson stated the plan as proposed would have the building located 95 ft. back from East River Road and 35•ft. from 61st. There will be 27 parking spaces which � is adquate, and there will be green space to buffer the building from both the north and the west. Mr. Robinson stated the lots to the irtmediate north are R-1 but are slated to be rezoned to R-3. That is t�e location for the Loft Homes. There is more light industrial to the south, Stevenson School to the west, and single family homes in other adjacent areas. Mr. Robinson stated the plan seemed to meet all code requirements, but Staff wauld recommend the following stipulations: 1. The petitioner provide a survey of the property 2. There be a 10 ft. bikeway/walkway easement along the northern portion of the property, consistent with the bikeway/walkway plan which wi11 tie into the County's regional trail system 3,. An approved drainage plan 4. An approved landscape plan Ms. Schnabel asked the petitioner, Mr. Perlick, if he had any comments regard- ing this request. Mr. Perlick stated his business was currently located in Spring Lake Park away from the freeway system. This property was an ideal location for their building and their type of business, because it will give them easy access to the freeways and downtown areas. Their business is strictly a professional business--a computer software and hardware engineering company. They do build and design computers, but they do not do any manufacturing. He stated 50% of their staff (around 20 employees) are never in the office; they are usually at customer sites, so the need for 27 parking spaces will probably never arise. Ne stated there are very few visitors to the building. They feel t�ey would provide a nice buffer zone between the proposed housing (Loft Homes) and any other light industry. Ms. Gabel asked if they would rent out any portion of the building. Mr. Perlick stated the building would be exclusively for their business. Mr. Kondrick asked if Mr. Perlick had any problem with the stipulations out- lined by Staff. Mr. Perlick stated he had no objection to any of the stipulations. � Mr. Bert Slater, 128 River Edge Way, stated he did not mean to detract from this particular rezoning request, but he wondered if the Comnission Y�as aware that property was acquired from some of their properties some years ago to build a pathway to allow children access to Stevenson School, with the definite stipulation that no bikeways would come through there. If the 7B PLANNING COM�dISSION MEETIP�G, OCTOBER 3, 1984 PAGE 3 bikeway which is proposed is coming as close as this pathway as it sounds like it is, what was to prevent people traveling on bikes desiring to go north,to not go across East River Road, but to start using the pathway? When this bikeway system was built, he could see that pathway turning into a bikeway/walkway. He stated that for that reason the neighbors are very concerned about these bikeway/walkways. Mr. Kondrick stated he was chairperson of the Parks & Recreation Comnission. He stated he appreciated Mr. Slater`s and the neighbors' concerns, and he would recommend that t�ey contact Dr. Charles Boudreau, Director of the Parks & Recreation Department, regarding �these concerns. Ms. Schnabe7 stated this was a very valid concern, and she thanked Mr. Slater for bringing it to the Commission's attention. Mr. Lewis Farr, 157 River Edge Way, stated he would like to speak in favor of the building. He thought it was a very nice thing to have in this area and wou7d certainly enhance the area. The lot has been vacant too long, and the building would be a big plus for the City of Fridley. MOTION BY MR. KONDRICK, SECOP7DED BY MR. SABA, TO CLOSE TffE PUBLIC HEARING ON ZOA �i84-04 BY LARRY PERLICK. UPON A VOICE VOTE, ALL VOTING AYE, CNAIRWOMAN 5CHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:00 P.M. MOTION BY MR. KONDRICK� SECONDED BY MR. MINTON, TO RECOMMEND TO CITY COUNCIL APFROVAL OF REZONING REj)UES2, ZOA �84-04, BY LARRY FERLICK, 4+0 REZONE FROt' M-1 (LIGHT INDUSTRIAL) TO C-R1 (GENERAL OFFICE) TXE NORTXERLY 155 FT. OF IAT 9, AUDITOR'S SUBDIVISION NO. 78, 'I�D ALLOW THE CONSTRUCTION OF A PROFESSIONAL BUILDING, TXE SAME BEING 6095 EAST RIVER ROAD N.E., WITH THE FOLLOWING STIPULATIONS: 1. THE PETITIONER PROVIDE A SURVEY OF THE PROPERTY 2. THERE BE A 10 FT. BIKEWAY/WALKWAY EASEMENT ALONG THE NORTHERN PORTION OF THE PROPERTY. 3. AN APPROVED DRAINAGE PLAN 4. AN APPROVED LANDSCAPE PLAN Ms. Gabel stated she thought this was a very appropriate plan, and she would much rather see this land dorm-zoned in terms af the R-1 property farther down and for the sake of tf�e Loft Nomes tHat are going in there. This will create a much more pleasant environment to live ir. than if it were to go industrial. The Convnissioners agreed with Ms. Gabel. s UPON A VOICE VOTE� RLL VOTING AYE� CHAIRWO1�fAN SCNNABEL DECLAItED THE MOTION CARRIED UNANIMOUSLY. 7C PLANNING COMPtISSIOP� MEETIWG, OCTOBER 3, 1984 PAGE 4 2. LOT SPLIT REQUEST, L.S. #84-09, BURLINGTO�� NORTHERN: Split off the ort er y 55 t. of Lot 9, Au itor s Sub ivision No. 18 to make a new building site at 6095 East River Road. Mr. Robinson stated the proposal was to split off the northerly 155 ft, of Lot 9. He stated 30 ft. of tf�e most northerly portion is roadway easement so the lot size is actually 125 ft. in width. Mr. Robinson stated the only staff recommendation was that this lot split be registered at tF�e County. This should be done before October 15. How- ever the lot split will not be approved by the City Council by that time. he recommended Mr. Perlick contact the County to get a clarification as to how this could be done. Mr. Robinson stated the park fee agreement has already been signed. Mr. Rob Taylor stated he was representing Burlington Northern. He agreed with Ms. Gabel that this building would be an improvement and would upgrade the area. MOTION BY MR. 1CONDRICK, SECONDED BY MR. OQUIST, TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST, L.S. �184-09, BY BURLINGTON iitORT�ER�1' TO SPLIT OFF TXE NORTiIERLY 155 FT. OF LOT 9, AUI�ITOR'S SUBDIVISION NO. 78 TU MAKE A NEW BUILDING SITE AT 6095 EAST RIVER ROAD, WITH TXE STIPULATIDN THAT THE LOT SPLIT BE RECORDED WITX TXE COUNTY PRIOR TO THE ISSUANCE OF THE BiIILDING PERMIT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED TNE 1NOTION CARRIED UNANIMOUSLY. MOTION BY MR. MINTON, SECANDED BY MR. SABA, T1U REC�MMEND THAT THE LOT SPLIT REQUEST BE HELD UNTZL THE CITY COUNCIL HAS THE PUBLIC HEARING ON THE REZONING REj�UEST ON NOVEMBER 5, SD THAT BOTH TXE IAT SPLIT REQUEST AND THE REZONING REQUEST CAN BE NANDLED AT THE SAME TIME. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWO1�fAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3, PUBLIC HEARING: CONSIDERATIOPJ OF A SPECIAL USE PERMIT, SP #84-18 BY er �ection 0. , 3, , of t e Fri ey City Code, to a ow t�e construction of a second�accessory building, a 20 ft, by 30 ft. structure to be used for a workshop on Lot 10, Block 1, River Edge Addition, the same being 157 River Edge Way N.E. � PIOTION BY MR. KONDRICK, SECONDED BY MR. OQUIST, TO OPEN THE PUBLIC NEARING QN SP fi84-18 BY LEWIS FARR. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC IiEARING OPEN AT 8:15 P.M. f� PLANNIt�G COMt1ISSI0N MEETING, OCTOBER 3, 1984 __ PAGE 5 Mr. Robinson stated the proposal was for a 20 ft, by 30 ft. second accessory building to be used as a workshop. This structure would be located in the rear �f the yard and would be attached to an existing shed-type building. The property is in the critical area and, as such, all new buildings have to be set back 40 ft, from the bluff line. This stipulation was enacted as part of an ordinance to preserve the view of the area. This building is set back a minimum of 60 feet. Mr. Robinson stated Staff has no problem with this special use permit request; therefore, there were no stipulations at this time. Mr. Kondrick stated one thing the Commission was always concerned about was noise. Ne asked Mr. Farr what type of equipment would be used in this building. Mr. Farr stated it would be basically woodworking equipment. Right now he does his woodworking in the basement of his house. He has limited space in the basement and has only a 12 car garage. The woodworking is strictly a hobby. He stated he has lived in 1►is home since 1958 and certainly did not want to do anything that would detract from the area. He would not put in anything that was obnoxious to the neighborhood. Ms. Helen Mikulak, 129 River Edge Way, stated she was opposed to the con- struction of this building. She stated that if Mr. Farr ge*.s this special use permit, then there would be half a dozen other people in the neighborhood who would be making requests for other buildings. She stated Mr. Farr will be using saws which will create noise. She stated a hobby usually t�:rns into a full-time job at home, and the neighbors will be listening to the noise all day long. Mr. Farr stated he does woodv►�orking in his garage right now, and he has never had a complaint about noise from his neighbors. As far as noise, there are plenty of other noises around the neighborhood when people are doing things outside. He stated this building will be basically a closed shop. The building will have 6 inch walls so it will be insulated very well. The building will be located to the northwest end of the lot so he did not see noise as ever being a problem. Ms. Schnabel stated that as far as a home occupation, the City does not per- mit a business to be operated in the home, except by request to the City. If at any time, Mr. Farr would decide to turn this into a home occupation, he would have to make a request to the City. When people do request permits to build second accessory buildings, the Comnission is always very careful to make sure there is not a business going into that building. The Commission ` tries very hard to preserve the neighborhood concept within the neighborhoods. Ms. Schnabel stated she wanted to point out that the Commission had received a letter from the two property owners adjoining Mr. Farr's property, Mr. & �irs. Cecil Gibson, 190 - 62nd Way, and Ms. Margaret Latz, 161 River Edge Way. Both property owners stated they were in complete agreement with the construction of the building. IE PLANNING COM�•1ISSION MEETING, OCTOBER 3, 1984 PAGE 6_ Mr. Olga Pragal, 152 River Edge Way, stated she was opposed to this building. When Mr. Far puts in this building, they will not be able to sell their home, because who is going to want to buy a house with a woodworking shop nearby? Mr. Farr stated that if he could expand his garage, he would do so� but this way he was moving his shop farther away from the neighbors. He failed to see the problems expressed by the neighbors. MOTIDN BY MS. GABEL, SECONDED BY !►gt. NIEISEN, TO CLOSE TXE PUBLZC XEARING ON SP #�84-18 BY LEWIS L. FARR. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC IIEARING CLOSED AT 8:36 P.M. Mr, Kondrick stated he appreciated the neighbors' concerns regarding noise, but he did not believe noise was going to be a problem. The building would be far enough away and the building would be too well insulated to create a noise problem. Mr. Saba stated that since there were concerns expressed by the neighbors, maybe one of the stipulations on the special use permit should be that Staff review the special use permit in two years to ensure the petitioner was concurring with the intent of the permit. MOTION BY MR. KONDRICIC, SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP �184-18, BY LEWIS L. FARR, PER SECTION 205.07.1, 3, A, OF TKE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 20 FT. BY 30 FT. STRUCTURE TO BE U5ED FOR A WORKSHOP ON LOT 10, BLOCK 1, RIVER EDGE ADDITION, THE SAME BEING 157 RIVER EDGE WAY N.E., WITX TXE STIPULATION THAT STAFF REVIEW THIS SPECIAL USE PERMIT IN TWO YEARS. h1s. Schnabel stated she appreciated the concerns expressed by the neighbors; however, she felt this was going to be removed even farther from the neighbors than the existing use of the property so that the noise level should not be there. If there should be a problem, the City does have ordir.ances that can deal with the problem. It is a matter of making use of the City's faci- lities and going through the proper channels to make the complaints. UpGaN A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCi�NABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this special use permit request would go to City Council s on October 15. 7F PLANNING COMMISSION MEETING, OCTOBER 3, 1984 PAGE 1 4. VACATION REQUEST, SAV_#84-04,_ THOMAS & KATHY SHELTON: Vacate the Southerly '� ee�'- o—tfie oT�rtF- 0 foot uti 1� ty easement on Lot 9, Block 4, Ri ce Creek Estates, to make a pool location and retaining wall in code compliance, the same being 1571 61st Avenue M.E. Mr. Robinson stated this property was located on 61st Avenue and Benjamin St, adjacent to Benjamin/Briardale Park. The petitioners wish to vacate the 10 ft, utility and drainage easement along the back side of their property. He stated Northwestern Bell, Minnegasco, NSP, and Storer Cable have been notified of this vacation request. He stated Northwestern Bell, Minnegasco, and NSP have no objections to the vacation. Storer Cable has an underground cable located within 2 ft. of the property line. Storer has requested that this cable remain as located and that 2 ft. of the utility and drainage ease- ment remain in effect for future construction if necessary. The remaining 8 ft. may be vacated. The petitioner, Mr. Thomas Shelton, stated he had no objection to this stipulation. MOTION BY MR. MINTON, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV �184-04� BY THOMAS AND KATHY SHELTI�N, TO VACATE THE SOUTNERLY 8 FEET OF TXE NORTH 10 FOOT UTILITY EASEMENT ON LOT 9, BIACK 4, RICE CREEK ESTATES, TO MAKE A POOL LQCATION AND RETAINING WALL IN CODE CbMPLIANCE, TXE SAME BEING 1571 61ST AVENUE N.E., WITH THE STIPULATION THAT A 2 FT U2ILITY EASEMENT BE MAINTAINED FOR STORER CABLE. UFON A VOICE VOTE, ALL VOTING AYE, CNAIRWOMAtV SCHNABEL DECLARED THE MOTION CARRIED UNANIMDUSLY. Ms. Schnabel stated this would go to City Council on Nov. 5. 5. RECEIVE SEPTEMBER 18, 1984, ENVIRONMENTAL QUALITY COP1MISSIOPI MINUTES: MOTIC�IV BY MR. NIEZSEN� SECONDBD BY MS. GABEL� TO RECEIVE THE SEPT. 18, 1984, ENVIRONINENTAL QUALITY COMl�fISSION MINUTES. Mr. Nielsen stated the Comnission had a guest speaker, Ms. JoAnn Nelson, from Recycling Unl.imited, who spoke about starting curb-side recycling programs in comnunities. Mr. Nielsen stated he would like thQ Planning Commission and the City Council to know that the Environmental Q�ality Comrnission has worked very hard in trying to get a curb-side recycling program going in Fridley. At the Sept. City Council meeting, a member of another organization stated their organi- ` zatlon had studied the possibility of getting a curb-side recycling program going with no mention of the Environmental Quality Comnission's efforts. He stated that as far as he was concern�d,he would like to see a curb-side recycling program get started as soon as the City receives funding. 7G PLANNING COMMISSION MEETING, OCTOBER 3, 1984 PAGE 8 Mr. Robinson stated that JoAnn Nelson of Recycling Unlimited would be willing to come into the City and start a curb-side recycling program for �5,000 (from the 50�Jhousehold surcharoe fee the City is eniitled to), so there would be little cost to the City. Recycling Unlimited is a�amily- run organization that employs people such as the handicapped ta do curb-side recycling. Pick-up would be on a once a month basis. Mr. Nielsen stated the curb-side recycling program would work in conjunction wit� SORT, and it would not put SORT out of business. Mr. Robinson stated that Ms. Nelson had stated that when Recycling Unlimited comes into a city where there is an existing satellite-type recycling center, that facility has usually done better because people are more aware of recycling. If people miss their recycling day, they will usually brinq their recycled materials to the recycling center rather than throw the �aterials out. Mr. Robinson stated the only thing Ms. Nelson requested was that the City do the publicity for the program. He stated Connie Metcalf would be going before the City Council regarding this recycling on October 29th. The Environmental Quality Comnission suggested tha.t Ms. Nelson of Recyling Un- limited also be allowed to present her proposal at that time. UPON A VOICE V�TE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTIAN CARRIED UNANIMOUSLY. 6. OTFiER BUSINESS: a. Lot Splits and Variances Ms. Gabel stated that at the last meeting, the question has again arisen as to whether the Planning Comnission should hear lot splits before the Appeals Comnission hears variances when the variances are related to the same property. She stated she felt a lot split appropriately came first. If a petitianer does not get the lot split, then the petitioner does not need to apply for a variance, because the lot split causes the variance. So, she thought the lot split should come before Planning before a variance goes before the Appeals Comnission. That seemed to be the proper sequence. Mr. Oquist stated that seemed to be a reasonable argument, but he could give the argument that if the Appeals Comnission does not grant the variance, why bother with the lot split? Mr. Saba stated that the lot split should be contingent on the approval of the variance. Ms. Gabel stated that is the way the Planning Corrmission has dooe it in the past. The Planning Cannission has heard the lot split first, and then made it contingent upon approval of the variance(s) by �he Appeals Comnission. 7H PLANNIP�G COMMISSION MEETING, OCTOBER 3, 1984 PAGE 9 Ms. Schnabel stated maybe the Planning Commission should establish a policy that in the future, the Planning Co�rmission would handle a lot split in that manner. The Commissioners agreed that in the�future, they would hear lot splits regardless of whether there was a need for a variance and have the lot split contingent upon approval of the variance, if needed, by the Appeals Commission. b. City Code Compliance Ms. Schnabel stated Mr. Scott Holmer of The Lift Ski Shop made some comments at the last meeting regarding landscaping that, in some ways, were very valid. Mr. Holmer had made the corrment that why should he be required to screen his parking lot when the City liquor parking store parking lot next door was not screened. Ms. Schnabel stated she felt very strongiy that the City has to set the example. When there are city properties that are not in code compliance, the City should bring those properties into code so that members of the public cannot point a finger at the City. The City has got to be the leader in the whole city beautification project. Ms. Schnabel stated another good example was the city bulletin board at the north end of the City on Highway #47. The billboard is very tacky and in need of repair. Again, if the City wants people to do things, the City has to get its act together. The City cannot deal from a�position of strength to enforce code compliance when it is out of code compliance in a couple of areas. She felt this had to be a priority of the City's. Ms. Schnabel stated that af�er the City corrected its problems, the next responsibility of the City is to go to the County, another govern- mental body, and tell the county that people are complaining about its property. She was referring to the Fridley Library which has its dumpster unscreened. The Planning Commission members agreed with Ms. Schnabel. MOTION BY MR. MINTON, SECONDED BY MR. OQUIST, THAT TXE PLANNING COMMISSION FINDS IT DIFFICULT � ASK CITIZENS TO COMPLY WITH CITY CODE REQUIREMENTS WHEN TXE CITY� COIINQ'Y, AND SCHOOLS ARE IN NEGLECT OF CODE COMPLIANCE. TXE PLANNING COMMISSION WOULD STRONGLY ENCOURAGE � THE CITY COUNCIL T10 ENCOURAGE ALL LOCAL GOVERNMENTS� INCLUDING THE COUNTY AND SCHOOL DISTRICTS� TO CO1� INTO CODE COMPLIANCE. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCNNABEL DECLARED TXE ilOTZON CARRIED UNANIMOUSLY. PLANNING COMMISSIOlJ MEETING OCTOBER 3, 1984 _ _ PAGE 10 c. New Chapter 126 entitled "Houses of Prostitution: Public Nuisance" Mr. Robinson stated the Comnissioners had received copies of this ordinance at the meeting. The Planning Commission shoutd review the ordinance for discussion at the Oct. 17 Planning Commission meeting. ADJOURNMENT• MOTION BY MR. KONDRICR� SECONDED BY MS. GABEL, TD AA70URN TXE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE OCT. 3� 1984, PLANNING COMMISSION MEETING ADJOURNED AT 9;40 P.M. Respectfully submitted, , ' � � ?"x C . .� f� ynne Sa a Recording Secretary 0 c 7I •�; '.• — .i • � V ' �.,3 _ : •• , i �2 ` � - SP #84-19 y�p � MElQ'� ' � Lewi s L. Farr !� � -� --- L�� , •• . , • . • ' Q K� � ; � � �, � � + ,� � s ' !�O' : � ` ': � \ c�• / • • ,, 4 � �• ♦ , ` � �• �� ; • � �• • � • � � • ��• � � � �� : � � � • , .•• '�•• :. .., � ��. ;► • . � � ; � � • • • i� i'�'��' " . .. ; . •_• ._ �-- ��11. � 1 � A �'�'i ,_ _�!� � • �. , ►- � ' ,• , � K , �� ?I , f, • \1 � r I �� ' � � , .f \� K ' `6 I ' � � 1.' a YZ w � ' ;: �` � � • ' � ' b � �� t' c. � � . M � � _� • =- ,, �� , • '� � i \i� �° `V� . :S. • 'R ' 4 TH WAY '1. , 4 p� j� ' +6 y ; � , .; � � � � � , era ' � � t � ��. 4��•'M * � - 1 � � � S• � 63 � W AY �� , • ' �� 2 � � � 1 : � � , +p � , o,• ' � . � � � .: j ' . . 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'` _..:� ''- . . . :-,�..•r''":. _ {:.. . . � ..^-."""'�"� ..r...r t � - - " ' ♦ _'.w.c �• � j �� ,s 'f � -a� ( � � - ._-_•._ _- - _ � � '� ;,r. _ - .��T..c�:�4�'.: y _�•7�.�r•., � . . : CITY OF FRIDLEY CHARTER CQMMISSION MEETING, APRIL 16, 1984 CALL TO ORDER: Chairperson Starwalt called the April 16, 1984, Charter Commission meeting to order at 7:38 p.m. ROLL CALL: Mer�bers Present: Walt Starwalt, Susan Jackson, Larry Commers, Robert Schmidt, Pat Kindom, Bruce Nelson, Bob Pierce, Peter Treuenfels, Francis van Dan, Margaret Hendley Mer�bers Absent: Donald Betzold, Bob Peterson, David Pinks, Irene Maertens Ralph Stouffer Others Present: Shirley Haapala, Deputy City Clerk RE-REVIEW �F FEBRUARY 27, 1984, CHARTER COMMISSION FIINUTES: Mr, van Dan stated he would like to thank Mr. Pierce for acting as his spokes- man at the March 14th meeting. He would like to apologize to the Commission that he couldn't be at that meeting. He also expressed his appreciation to the Corsnnission for adopting the Feb. 27th minutes with the proviso that any corrections or exceptions could be made by him at this meeting. Mr, van Dan stated that on page 2, 4th paragraph, under Item #2, "Stat� District 51 Chair" should be changed to "Senate District 51 Cf�air". Mr, van Dan stated the thing that had upset him the most at the Feb. 27th meeting was the comment made by Mr. Starwalt on page 7, paragraph 3, in which . Mr. Starwalt stated: "Mr, van Dan's point on recall and referendum was another item that should be remembered and discussed at a future time." He stated the Corimission started out discussing election judges and previously had spent sone time on the inconsistencies in the City Charter (initiated by �4s. Jackson) pertaining to different terminologies used and the interpretation of those terminologies. He felt that, although he did not want to discuss it in detail at that time, he wanted to make a valid point and that was that it was mute discussing or adopting terminology unless it clarified what they wanted to accomplish. When he made his statement regarding recall and referendum, he did not think he deserved to be censored by tF�e chairperson or anyone else, because he was just trying to find the rationale or justification for their discussions. He had just felt the Chairperson's statement was unfair because it painted him out as digressing from the agenda and he was not. Mr. van Dan thanked the Comnission for allowing him to make these comments. He stated that after explaining and being able to express hfs personal feeling, he was satisfied with the Feb. 27, 1984, minutes as written. • � CNARTER COr4MISSION F�ETING, APRIL 16, 1984 PAGE 2 MO:ION BY MR. VAN DAN, SEC�IDED BY MR. NELSQN, THAT� ACCEPTING lII2. VAN DAN'S COI�tENTS� THE FEB. 27� 1984� CHARTER G1DAIMISSION MINUTES WERE ADOPTED AS WRITTEN. Mr. Starwalt stated it was certainly not his intent to cut off Mr, van Dan's discussion at the February meeting. He just wanted to make sure that Mr. van Dan's concern on recall and referendum was recorded so it would not be forgotten and could be discussed at the appropriate time. UPD.V A VOICE VOTE, ALL VOTING AYE, CHAZRPERSON STARWALT DECLARED THE MOTION CARRIED iINANIMOUSLY. APPROVAL OF MARCH 19, 1984, CHARTER COMMISSIO�� MINUTES: MOiION BY MR. SCHMIDT, SECONDED BY 1►�t. TREUENFEIS� Z1D APPROYE TXE MAR. 19� 1989, CXARTER COMMISSION MINUTES AS WRITTEN. Ms. Hendley stated she just wanted to say that when Mr. Pierce presented Mr, van Dan's revised slate of officers at the March meeting in which she was listed as a candidate for secretary, she had not been contacted prior to that tine as to whether or not she was interested in the office. At the time this was brought up at the meeting, she was very specific in feeling the original slate was a very good slate, she stood in approval of that original slate, and had made no further comments. At this time, she felt she should make the corament that she had not been contacted prior to the notation at the meeting, and therefore felt it was not necessary for her to refuse the nomination. Had she been approached, she would also have refused the nomination. Mr. Pierce stated he should have mentioned at the time that, even though Ms. Hendley had not been contacted, Mr, van Dan felt she was a good person for the job. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STARWALT DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. DISCUSSION OF SECTION 4.06 OF THE FRIDLEY CI7Y CHARTER RELATING TO TfIE D R I G EC I S ir ey aapa a, City er , at meeting): Mr. Starwalt stated he hoped the Cortmission members had all had a chance to reread Ms. Haapala's memo dated May 18, 1983, re: "Filing Dates - City Council". He stated Ms. Haapala was at the meeting to discuss this with the Canmission. Mr. Pierce stated he was one of the people who raised the question of election judges and the whole election process. He had t6e feeling there were some other problems with the process or might be sane other problems, and that by changing the dates, the problems might still remain. He thought that problem might be the whole problem of getting election judges. Maybe Ms. Haapala and other staff people are having to do the work other people should be doing. The political parties are supposed to come up with names of people for election judges and sometimes they do not do that. . ► CHARTER C0r1MISSIOH MEETING APRIL 16 1984 PAGE 3 Mr. Pierce stated he would like to explore the question of election judges. He stated the other concern he had was he felt the demands made on the election judges were too severe. The election judges have to be at the polls from 6:00 a.m, to 10:00 p.m. T�e pool of election judges is shrinking because �ore and more women are in the work force. It is almost too much to ask senior citizens to take that long a duty; whereas, if the day could be split in half some way, maybe that could be changed, Another factor was the pay--if it would help to increase the pay. Ms. Haapala stated she would like to bring something to the Cormission members attention that was not in her memo of May 18, 1983, when it was written because they were not aware of the problem at that time. There is now a law that requires the ballots to be printed for absentee voting. In the past, they had to have them available 15 days before the election. Now the law has changed, and the ballots have to be ready 20 days before an election. That cuts down the time between the time the filings close and the 20,days before the election when the ballots have to be ready. In 1983 they had 12 days to draw up a sample ballot, send it to the printer for him to follow the specific instructions for printing, get a proof back to the City for approval before the ballots are printed, then back to the printer again for printing �rithin 12 calendar days. She did not know if that was a long enough period. It does make for a real tight deadline. Ms. Haapala stated there is also a bill before the legislature this year that would like the absentee ballots to be ready 45 days before the day of election. That would really make it difficult. She brought this up only because she wanted them to be aware of some of the problems that might develop. Ms. Haapala stated that as far as election judges, there are very strict rules in the state statutes requiring this year that the parties submit their lists to the auditor by July 1; the County Auditor must in turn submit those to the Ciiy by July 15. Those lists are then used for the selection of election judges. They usually get the list from the Democrats and Republicans. Once those lists are exhausted, in the past they have called the political parties and asked for additional na�es, have advertised in the newsletter for people interested in being an election judge. If anyone calls, t�ey get the name, address, and party affiliation. The law states there must be a party balance within the precincts. There is nothing in the law that says they can have Independents. The American Party is a recognized party in the State of Minnesota, so they can use people affili- ated with the American Party. There are only three recognized parties in the State of Minnesota. Mr, van Dan asked if the law stressed that they have to be partisan and party balanced or does the law say they can have 2-3 Independents because they belong to neit�er party, and 2 Republicans and 2 Democrats so they balance each other? : � CHARTER COMMISSION MEETING, APRIL 16, 1984 _ PAGE 4 Ms. Haapala read Minnesota Election Laws - 1983, 2046.19, Su6d. 5, Party Balance Requirement: "No more than half of the election judges in a precinct may be members of the same major political party unless the election board consists of an odd numbe,r of election judges, in which case the number of election judges who are members of the same major political party may be more than half the number of election judges in that precinct." Mr. Pierce stated he would interpret that to mean they could involve a lot of Independents. It sounded like a misinterpretation of the law. Mr, van Dan and Mr. Treuenfels agreed. Mr. Nelson stated that, for example, if there are 10 election judges, 2 Republican and 2 Democrat, and the other 6 declare themselves as Independents, the law would then be satisfied because of the requirement that "no more than half of the election judges in a precinct may be members of the same political party". Ms. Haapala stated the problem was that the Independent party was not a recognized major political party in the State of Minnesota. She felt they would have to get a legal opinion on that. MOTION BY MR. VAN DAN, SECONDED BY MR. NELSON, T10 REQUEST TXE CHARTER COMMISSIOIJ SECRETARY TO CONSULT WITX THE SECRETARY OF STATE'S OFFICE FOR AN INTERPRETATION OF STATE LAW 204B.19, SUBD. 5, PARTY BALANCE REQUIREMENT. Mr. Nelson stated that maybe they should ask Ms. Haapala if she would be willing to write a letter to the Secretary of State since she was more familiar with it and understands the Commission's concerns. Ms. Haapala stated she would be willing to do that. She could either write a letter to the Secretary of State, who may in turn request an opinion from the Attorney General, or she could work with the City Attorney and request him to get an opinion from the Attorney General. Mr. van Dan stated he would agree that they leave this up to Ms. Haapala. He would suggest she proceed through the Secretary of State's office since that office is primarily in charge of election and rules, but add the proviso in the letter that the Secretary of State consult with the Attorney General. MR. VAN DAN WITHDREW XIS MOTION� WITH THE CONSENT OF TXE SECONDER. Ms. Haapala stated she would make sure the Cortmission m�nbers received a copy of the letter when it was written. Ms. Haapala stated the election list t[Zat comes from the County Auditor on every presidential or state election is good for two years. This i.nformation she received fran the Secretary of State's office. Even though the parties : 1 CHARTER COMMISSION MEETING, APRIL 16 L 1984 __ PAGE 5 do not give them a list of election judges on a municipal election or off- year election, that list for the previous year is still good. They always use that list when they go to select the judges. 7hey do not start �ut with their own ideas. T�ey have a lot of judges who come back every year. If they run out of names, they contact the political parties to see if there are any new names. Sometimes, the parties can and sometimes they cannot give them any new names. Ms. Haapala stated �1r. Pierce had suqgested the splitting of shifts. In talking with the Secretary of State's office, under the Votomatic section of the election laws, there is no provision for split shifts. There is for paper ballots but not for Votomatics. She stated there are a lot of things that go on during the day that some of the judges have to know into the evening. In a small election, most of the judges are done by 10:00 p.m. This year, unfortunately, it wi11 probably be longer, but there are no provisions in the law for splitting the shifts (Chapter 206 of the Minnesota Election Laws). Mr. Pierce wondered if the spl i tting of sf�i f ts �cas something that shoul d be expl ored f urtf►er . Ms, liaapala stated she did not kno� if it would he worth�rhile or not. ShP could understand the concern for the election judges. She stated she would have to poll the judges, but she found that most of t(�m did not seem unhappy with the one shift. They f�ave never heard any complaints. Ms. Haapals stated that as far as wages earned by the election judges, the law states they must be paid the minimum wage. She stated the City pays ther� more than that--$3.65/hr. and $4.75/hr. Ms. Jackson asked if it was a problem getting judges. Ms. Haapala stated, yes, it was a problem. Ms. Jackson stated the issue the Car�ission is concerned about is changing the dates. Would the change in the date of the closing of filing have any affect on the retaining of judges? Ms. Haapala stated, no, their major concern for changing tF� date of filing was to eliminate appointing election judges 6efore they knaw if there is going to 6e a primary--that type of thing. She would not want to be called to be an election judge and tfien two days later be told there was not going to be a primary. The electfon judges have to bP appointed 25 days 6efore the election. Ms. Kindom stated she has had complaints from 2�3 elder7y Pe�ple whn would like to be election judges 6ut cannot stand the long day. : CHARTER COMMISSION MEETING, APRIL 16, 1984 PAGE 6 Ms. Haapala stated she could understand that. She stated she could check with the Secretary of State's office to see if there was any reason why the shifts could not be split. She stated if it was done, it would requirP extra training, extra judges, extra pay, so the costs would go up. Ms. Jackson asked what some of the other time problems were that Staff was now experiencing with the filing dates. Ms. Haapala stated the two things were the appointment of election judges and the printing of the absentee ballots. Ms. Jackson asked abo�t coordinating with other cities' or the county's filing dates. Was that a problem? Ms. Haapala stated they do have to coordinate this year with the County as far as programming for the election. Both Blaine and Coon Rapids close before Fridley does. She was sure that if Fridley's c7osing time was more in line with theirs so the County had all the information at one time, it would make it easier for the County. Mr. Treuenfels stated that at the last meeting, he had asked the question about whether or not it was spelled out �anywhere in the Charter what the difference was between the judge of an election and the clerk of an election. Ms. Haapala stated she could tell the Commission what terminology they use. They have judges of an election and a head judge. Those are the only two terms they use. The head judge then picks a judge of the opposite party to go to the County with her, because there must be a representative from each party. The clerk of an election would be Sin Inman, City Finance Director. Mr. Treuenfels stated tf�e Comnission might want to go tf�rough the Charter to see if the terminology is consistent with what the City uses. Ms. Jackson referred to Section 4.05, Judges and Clerks of Election (in the Charter) which stated: "The Council shall at least 25 days before each municipal election appoint three qualified voters of each voting precinct to be 'ud es of elections therein and two qualified voters of the same precinct to e c er�cs o eiection or as many more or less as may be deter- minted by the Counci . Ms. Haapala stated even the state.statutes for Votomatics, when it comes to the selection of judges, does not really spell out how many judges they have to have. They do f�ave to have a minimum of 3 judges, but they have been using the old paper ballot type of procedure of 1 judge per every 150 registered voters. They have to have 1 judge to handle the demonstrator, 1-2 judges to handle registration, 1 judge to handle the register, 1 judge to handle the ballot receipts, ] judge to F►andle the ballots. So, depending upon the size of an election, they go from 6-8 judges at a municipal elec- tion to 12 or more for a presidential election. : CHARTER COMMISSION MEETING APRIL 16 1984 PAGE 7 Ms. Kindom asked if there was anything in the State Statutes that requires a person to have voted before being eligible to be an election judge. Ms. Haapala stated that with the new Election Day Registration Law, the Secretary of State has told her that anybody can be an election judge as long as he/she meets these requirements: be 18 years of age, a resident of the State of Minnesota for 20 days, and a citizen of tf�e United States. According to the Secretary of State, anyone who meets these requirements is an eligible voter. Mr, van Dan asked how Ms. Happala determined if someone who moved from another state has been a resident of Minnesota for 20 days. Ms. Haapala stated a person must shs��t speci'fic proof, and tfta�t person must sign an oath that he/she is a citizen of the 11.S.,18 years of age, and has resided in Minnesota for 20 days. f�r, van Dan asked if the City can appoint someone to be an election judge even though that person will not have fulfilled the requirements (age, citizenship, resident of Minnesota for PO days) until election day. Ms. Haapala stated she thought they had some latitude, and she would say that if the person could show proof and sign an oath that he/she would have fulfilled the requirements and could register and vote, they would have to accept that person to be an election judge. Mr. Cormers stated tF�e statute is clear that the qualifying time is 20 days before the election. So, a person could be appointed 50 days ahead of time as long as that person meets the 20 day requirement, Ms. Jackson asked if there was a problem when people changed wards or precincts. " Ms. Haapala stated the law has changed there also. If they do not have enough judges in Fridley, they can go throughout the County and get judges. The judges don't have to be in the same precinct. The move the judges around to make a balance, and the judges then vote by absentee ballot. Mr. Treuenfels asked Ms. Haapala how many days she felt would be adequate. Ms. Haapa]a stated she was not rea7ly prepared to answer that question. They lost 5 days between the 15 and 20 day cfiange in the law. She thought they would be happy with an additional 5 days. That would gi;ve tftem back the 5 days they lost with the changing of the law. Ms. Haapala stated there was another ]aw before that legislature that pro- poses that with jury duty, the employer wi71 pay the difference in wages. She did not know if that would give anyone an incentive to be an election judge or not. �G CHARTER COMMISSION MEETING, APRIL 16,s 1984 PAGE 8 Mr. Treuenfels stated his question concerned the 7ength of the filing period. Did the 31 days of filing create a hardship to the city �nployees or would they want the filing period shortened? Ms. Haapala stated the filing period did not create a hardship for them. Mr. Pierce stated he really appreciated Ms. Haapala's coming to the meeting and sharing this information with the Commission members. They had learned a lot and would be more comfortable when it came time to make a decision. Mr. Starwalt also thanked Ms. Haapala for coming. He stated her input had been most beneficial. Ms. Haapala stated that if there was anything more the Commission needed, she would be glad to try to get it for them. Further discussion continued until the next meeting. 2. DISCUSSION OF LANGUAGE IN THE FRIDLEY CITY CHARTER RELATING TO VARIOUS Tvorc nr unTrnc. Mr, van Dan stated it would be worthwhile to continue discussion, not so much on "recall and referendum" but on "quorums"� meaning the mir.imum number or specified number of electors or voters required for filing nomination petitions and recall petitions. What is the Commission's purpose? Do they want to liberalize it and how far? Making it too difficult would reduce the liability of those in office, so they have to find a number that is the most proper in the Comnission's opinion. Mr, van Dan referred to the three terms decided on for working purposes on page 5 of the Mar. 19, 1984, minutes: l. Eligible voter - a person who is qualified to register to vote 2. Registered voter - a person who has registered and is eligible to vote 3. Voter - a person who is eligible, currently registered, and has voted within the last four years He stated that individually the definitions are excellent, but they are using the definition of one to define the second, etc. Mr. Commers stated he could see nothing wrong with that, as long as the first one is all right. He cou7d not see a problem with the definitions. Looking at Chapter 200.02 Definitions, Minnesota State Election Law (handed out by Ms. Haapala), each definition related back to a different definition. It is not uncomnon for that to be done. They cannot redefine a term each time or they will run into problems. : CNARTER CONiMISSION MEETING APRIL 16 1984 PA�f 9 Mr, van Dan stated that for the next meeting.the Comnissioners should decide what they would like tD see required to sign a petition--should they open it up or should they restrict the number of voters, whether registered or qualified, or eligible? Mr. Starwalt stated discussion on the "Language in the Fridley City Charter Relating to Various Types of Voters" would he continued at the next meeting. Also, they would include discussion on "recall and referendum", and the requirements and qualifications for candidates wF�o run for office. Ms. Jackson stated discussion at the March meeting left off at the beginning of Section 4.06, Nominations by Petition. This included candidates. ADJOURNMENT: MO"'ION BY MS. JACKSON, SECONDED BY MR. TREUENFEIS, T10 ADJOURN THE MEETIP7G. UPON A t�OICE VOTE, ALL VOTING AYE� CXAIRPERSON STARWALT DECLARED TXE ,t�p�qlL 16 � 2984, CHIIRTER COMMISSION I�ETING ADJOURNED AT 9:40 P.M. Respectfully subm'tted, � -�f ynne a a Recording Secretary � CITY 4F FRIDLEY CATV ADVISORY COPIMISSION MEETING, SEPTE�I6ER 20. 1984 CALL TO ORDER: Chairperson Hughes called the September 20. 1984, CATV Advisory Cortmission meeting to order at �:37 p.m. 1nLl CALL: Mer,ibers Present: Barbara Hughes, Duane Peterson, Ed Kaspszak, Ralph Stouffer Mer�bers Absent: Burt Weaver Oti�ers Present: Clyde Moravetz, City of Fridley Chris Wegener, Storer Cable Dawn Gilbertson, Storer APPROVAL OF JULY 9, 1984, CATV ADVISORY COMMISSION P1ItJUTES: MOTION BY MR. STOUFFER, SECONDED BY MR. PETERSON, TO APPROVE TNE JULY 9, 1984, CATV ADVISOP,Y COMMISSION MII7UTES AS G7RITTEN. UPON A VOICE VOTE � ALL VOTING AYE, CHAIRPEF'.SO�V HL'CHES DECLARED Tf1E MOTION CAP,RIED UNANIMOUSLY. ADOPTION OF AGENDA: The following items were added to the agenda under "Other Business": a. August and September Reports from Fridley Cable Consortium (FCC) b. Upcoming Interconnect Educational Seminar on Nov. 9, 1984 c. Upcoming NFLCP Conference on Oct. 12-14, 1984 MOTION BY MR. PETERSON� SECONDED BY MR. S1�DUFFER, TO ADOPT THE AGENDA AS AMENDED. UPQN A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON AUGHES DECLARED THE MOTI0IJ CAF2RIED UNANIMOUSLY. 1. RECEIVE OPERATIONS UPDATE FROM STORER: a. Marketing Efforts Mr. Wegener stated he wanted to give the Commission members an update on what is happening right now. They have sent aut a mailer in conjunction with H60 to every subscriber in the City. About half of these mailers have been sent, and the next half will be sent soon. They have gotten a pretty good response so far, but it was too early to give a final report. • ► �CATV AUVI_SORY COMMISSION MEETING, SEPTEMBER 20, 1984 PAGE 2 Mr. Wegener stated they have also hired a door-to-door salesperson in Bloomington, and will hire one for Fridley and St. Louis Park to go door to door to all the multiple dwelling units, because of the high turnover of tenants. Mr. Wegener stated that witF� these two efforts, they are taking a more aggressive stand than they have in the past to go after new subscribers. Mr, Kaspszak stated he would like a copy of the mailer sent to the Commission members for their information. Mr. Stouffer stated it should be made standard policy that all mailers going out to the general public, whether subscriber or nonsubscriber, should automatically be sent to Comnission members. Mr. Wegener stated they could certainly do that. Mr, Kaspszak stated that as a matter of policy, any marketing solicitations that Storer makes to nonsubscribers and renewals and that type of thing should be included in the Comnission's monthly agenda packet as routine. Ms. Hughes stated that was good policy, and the Comnission would appreciate that. Mr. Kaspszak stated that, along with that, it would be nice for the Commission members to know a little something about the marketing plan-- how people are being approached. As individuals, each Comnission member gets feedback that the company does not get, and the Commission members could share some of this information with the company. Anything Mr. Wegener felt was appropriate for the Comnission's discussion at a later date, he would appreciate having that information included in the agenda packet. b. Tape Dubbing Fees for Private or Non-Fridley Resident Use Mr. Wegener stated that on several occasions, people (non-subscribers) have asked for dubbing of a number af tapes. Storer has done it for free until now and are continuing to do so. They would like the Corr�ission to consider a request that for the dubbing service, there be a small source of income to help discourage some of the requests. Because it is time- consuming for their staff, they are suggesting a small fee of $5 per 1/2 hour tape. For a non-subscriber or someone not using cable service, they are suggesting possibly $10 per 1/2 hour tape. Mr. Kaspszak questioned whether it was necessary for Storer to come to the Comnission with this kind of request. Ms. Hughes agreed. She would think this should be part of the company's regular business, just like they would charge a fee for copies on a copy machine. • � CATV ADVISORY COh0�1I55I0N MEETING, SEPTEMBER 20, 1984 PAGE__3_ Mr. Moravetz stated that personally he felt it should be on a case-by- case, individual basis. Perhaps that would be at the discretion of the cable operator to determine what the charge should be. To the best of his knowledge, there was nothing specific in the ordinance mandating how an item like t�is s�ould be handled. He asked if the tape dubbing �ad become a prevalent problem. Mr. Wegener stated it is a problem, especially during the school year. Mr. Kaspszak stated he did not think Storer needed to come to the Commission for approval. For their own protection, he would suggest that whatever fee policy they set up should be included in the Commissioners' agenda packets for the Commissioners' information. Mr. Moravetz suggested Storer establish a comprehensive policy and bring it before the CATV Advisory Comnissions of, not only Fridley, but St. Louis Park and Bloomington. Mr. Wegener stated he would put together a policy in letter form and submit it to the Comnission. Mr, t�oravetz stated it was also mandated quite ciearly in the ordinance that the Commission, as well as the State Cable Soard, was to receive any other reports that are submitted to other agencies. c. Other Mr. Kaspszak asked what the circulation count was at this time. Mr. Wegener stated it was about 3,900. Mr. Kaspszak asked what kind of an increase this was over July lst. Mr. Wegener stated it was approximately 100 subscribers. Mr. Moravetz asked if the company had recognized a substantial disconnect since the rate increase officially went into effect on Sept. 6. Mr, Wegener stated they have not noticed a significant decrease. He thought one of the reasons for this was because it was masked by increased reconnects after the surtmer. So, if there were any disconnects in Sept., they were more than offset by the reconnects after Labor Day. Mr. Noravetz stated that for informational purposes for the next Commission meeting, the company might want to provide the Commission with the number of subscribers July through the end of September on a month-to-month basis. That would be a pretty good indicator as to how the rate increase affected the base. Ms. Hughes asked what reaction Storer had received to the Disney channel. 9C CATV ADVISORY COMMISSION MEETING, SEPTEMBER 20, 1984 PAGE 4 Mr. Wegener stated they sold an additional 20 units. He Stated it was not an overly successful preview, but it did generate a lot of enthusiasm and interest. 2. RECEIVE SECO��D QUARTER 5% FRANCHISE FEE: Mr. Moravetz stated there was a discrepancy in the report. He was told it was a computer error. The total franchise fee amount due on the July 9, 1984, statement was $12,470.07. The total should have been $12,775.98, for a difference of $305.92. He stated he had just received that evening the amended report and a check for $305.92, the additional fee payment for the second quarter due to a calculation error. MOTION BY MR. STOUFFER, SECONDED BY MR. PETERSON, TO RECEIVE TXE AMENDED REPORT AND THE CHECK FOR TKE ADDITIONAL FEE PAYMENT IN TNE AMOUNT OF $305.92. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HUGHES DECLARED TXE MOTION CARRIED UNANIMDUSLY. Mr. Kaspszak stated he questioned this whole procedure. Mr. Moravetz stated that if this was a straight line mistake, some statement should f�ave been made by Richard Zaha, Asst. Regional Business Manager, who signed the report. He stated he would certainly like to pursue the reason for that. Mr. Kaspszak stated he personally thought it would be appropriate for the City to send a letter to Mr. Zaha telling him that the Comnission has received this report and are very disappointed in the quality of the report. MOTION BY MR. KASPSZAK, SECONDED BY MR. PETERSON, TO REQUEST CLYDE MORAVETZ, Zr��Y STAFF, Z1� DRAFT A LETTER TiD THE CITY COUNCIL, TO BE APPROVED BY THE CATV ADVISORY COMMISSION AT THEIR OCT. MEETING, THAT WOULD EXPRESS THE COIIMISSION'S CONCERN OVER THE QUALITY AND TXE ACCURACY OF THE FINANCIAL REPORT SUBMITTED TO THE COMMISSION ON JULY 9, 1984, FROM STORER CABLE. TXE COl�lMISSION WOULD THEN ASK THE CITY COUNCIL TO WRITE A I.ETTER TO MR. RICHARD ZAHA, ASST. REGIONAL BUSINESS MANAGER, EXPRESSING THESE CONCERNS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HUGHES DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE RATE INCREASE ORDINANCE: MOTION BY MR. S1�OUFFER� SECONDED BY MR. KASPSZAK, TO RECEIVE TXE FINAL FORM OF "AN ORDINANCE RECODIFYING THE CITY CODE BY AMENDING SECTION 406.02.ZB OP CXAPTER 406 ENTITLED 'CABLE COMMUNICATION RATES AND RATE CXANGE PROCEDURES "'. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HUGNES DECLARED THE MOTION CARRIED UNANIMOUSLY. 9D CATV AOVISORY COMMISSION MEETING, SEPTEMBER 20, 1984 PAGE 5 Ms. Hughes asked Mr. Moravetz if he had copies of proposed or final rate ordinances for the other cities. Mr. Moravetz stated he did, and he had provided copies of those to the City Council. Ms. Hughes asked Mr. Moravetz to compile a summary of those other cities' reports, either in s�ort written form or verbally, at the next meeting. Mr. Stouffer stated that, in addition to the summary, he would like Mr, Moravetz to give his reactions to those reports. 4. RECEIVE A.C.C.W. CORRESPONDENCE: Mr. Moravetz stated there was no action needed by the Commission. These reports were included in the packet to keep the Commission up-to-date. MOTION BY MR. KASPSZAK� SECONDED BY MR. PETERSON, TO RECEIVE THE FOLLOW7NG ItEPORTS FROM A.C.C.W.: DIRECTOR'S REPORT, COORDINATOR'S REPORT, SECOND QUARTER REPORT, AND CABLE CONSORTIUIN REPORT (FCC). UPDN A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON HUGHES DECLARED THE MOTZON CARRIED UNANIMOUSLY. Ms. Hughes stated something she thought the Comnission should discuss again was a way to fund public access. She would like this put on the next agenda. They can review some of the suggestions that have been made in the past, and she would like to ask the ACCW if they have any philosophic thoughts on this. She saw the need for public access, the local types versus the school, the government, and libraries, t(�at have some big institutions behind them. Mr. Moravetz stated they should also ask for input from the Fridley Cable Consortium. 5. ELECTIONS FOR CHAIRPERSON ANQ VICE-CHAIRPERSON: Chairperson Hughes declared the nominations open for chairperson and vice- chairperson. MOTION BY MR. KASPSZAK, SECONDED BY lNR. PETERSON� TO NOININATE BARBARA HUGHES AN DD �E PETERSON FOR CHAIRPERSON AND VICE-CHAIRPERSON RESPECTIVELY TO SERVE UNTIL APRIL 1965. Hearing no other nominations, Chairperson Hughes declared the nominations closed. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON XUGNES DECLARED THE MOTION CARRIED UNANIMOUSLY. 9E CATV ADVISORY COMMISSION MEETING, SEPTEMBER 20, 1984 PAGE 6 6. OTHER BUSINESS: a. August & September Reports from Fridley Cable Consortiwn (FCC) MOTION BY MR. PETERSONi SECONDED BY MR. STOUFFER, TO 12ECEIVE TXE AUG. AND SEPT. REPORTS FROM THE FRIDLEY CABLE CGINSORTIUM. UPON A VOICE WTE, ALL VOTING AYE� CKAIRPERSON XUGHES DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Moravetz stated that anytime the Comnission had any questions regarding the ACCW, they should direct them to him. A few years ago F�e was directed by the Comnission to become involved with the ACCW and keep the Commission posted on what is going on, He has also been serving as a member of the Board of Directars for a nurr�er of years. b. Upcoming Interconnect Educational Seminar on Friday, Nov. 9, 1984 Mr. Horavetz stated he would be getting more specific information on this at the next Metro Interconnect Corronittee meeting, and he would send this information to the Commission members. He would strongly recommend that all the Commission members attend this seminar if at all possible. c. Upcor�ing N�LCP (National Federation of Local Cable Programmers) Conference on Oct. 12-14, 1984 Mr. Moravetz stated this conference, "Understanding and Cooperation" would be held Oct. 12-14 at the Minneapolis Hilton Inn. He stated he thought this conference was tailor-made more for people actively involved in production or people interested in becoming actively involved in production. 7. COP�FIRM DATE FOR NEXT MEETING: Next meeting date: Thursday, Oct. 18, 1984, at 7:30 p.m. ADJOURNMENT: MOTION BY MR. KASPSZAK, SECONDED BY 1�2. STOUFFER, 20 ADJOURN TNE MEETING. UPON A VOICE VOTE, ALL VOTING AYE� CNAIRPERSQN HUGHES DECLARED THE SEPT. 20, 1984� CATV ADVISORY COMMISSION MEETING ADJOURNED AT 8:40 P.M. Respectively submitted, yn Sa a Recording Secretary � � CITYOF FR! DLEY OATE fAOY 10/10/84 ptiaECT�RATE OF PUBLIC WORKS John Flora,Dir.Pub.Wks. iUd.JEGT VACATION OF ABLE STREET MEMOiaANDUM TO Nasim Qureshi, City Manager I have been informed that Target is investigating the possibility of purchasing that vacant property South of 73rd and West of Able Street for possible expansion of their warehouse operations. In order to assist them in determining the development and use of that property, they are interested in knowing if the City would favorabl.y consider the vacation of Able Street between 73rd and Locke Park. If the sale should be consumated, Target would undoubtably use a portion of Able Street for access to their facilities. It would be appropriate, then, for Target to provide an alternate access from 73rd to Locke Park, if it was deemed necessary by the City. In order to assist them in determining their expansion plans in Fridley, the Able Street vacation item is being presented to the Planning Comnission at their October 17 meeting and a Public Hearing is scheduled for the Council at the November 5 meeting so that the Target Corporation would be able to determine the City support for the vacation of Able Street between 73rd and Locke Park, if it was desired. Recomnend the City Council set the Public Hearing for the vacation of Able Street for Navember 5, 1984. ' JGF:jmo 14 � o °a :� �o ,� �-- PW 187-84 ACTION INFp. 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''''. . �. +� ` a' ty•`� ; ` � `- � - - � t� f t � t � t",!r'`�--- � 1 � _�I -�� i� � -r .; . �` y_""i - � :� • j� n . � 4 t� - � � "•t �''� � � g .� -+ T',:� �_. r�� = r: � i � � , � ,- --. . - ,_��. • �,' , ti> � ,�: . - r � . t� h'. y r = E -�' � .' • v�, y �, {� ` t • Yj � � iY ��/� .� `� I T S - � •• � r`�� - /: ?!� .s °. ,/��. • ZL� ;� A �' ' "�SV� ii.. F ♦ �� x :� � � ,, - � � � ' �. � � . - �' �� r � �. } � �y,�'¢� � � r � ;��•-�. ., r �;-+� �.' �� .� `_i �{ � �. � .� ,• ._ - t �..Y �L . "��' r � -:� (` � . � i..c..G`: - tl � �s „��, 1� _r� �y ,;►' - �c �j y+� � � i� �=S� f, s i �'''�,�J�/ r ��'- ' ;� �- �' �' �. �-` M ' 'i ��Tt �� • ' ��; . � � � -� � =� x � . � � . � � _ . .... � r . � �_�— � ' .� y � �. • ti�, � � cin oF F�� _ -i�1 11 �71F�ECTOqATE OF Pue�ic woRKS i,� : MEMOAANpUM DATE �� 9/5/84 � " �ROM O.►,Ml. John Flora,'Director Public Works TO �U6�ECT Nasim Qureshi, City Manager FRIDLEY GARAGE/STORAGE FACILITY Change Order No. 2 PW 159-84 ACTION� INFp. The HRA originally allocated $75,000 for the construction of storage facilities in conjunction with the Target development north of City Hall (ie: Police Garage Facility). From the bids received from Monette Construction Company, $71,960 were identified as the Police Garage/Storage Facility. Not included in that bid was the heating system for the facility, which was planned to be added later. Monette is reguired to put in pipe channels for the heating system and therefore it would be appropriate to install the heating system during this construction. We have received a proposal from Monette for the heating system. The heating system costs, with a few other changes to the plan, such as pneumatic vs. electrical safety switches ana key controlled door openers and locks, is �7,331. In order to facilitate the construction completion and use of the Police Garage/Storage Facility, request the HRA consider and approve Change Order No. 2 to the Police Garage/ Storage Facility for an amount of �7,331.00. JGF:jmo cc: Sid Inman � . PUBLIC �ORKS DEPARTI�NT Engineering Division CITY OF FRIDLEY Fridley, Minnesota 0 September 10, 1984 lbnette Construction, Inc. 2050 Irlhite Bear Avenue St. Paul� MJ 55109 Subject: Change Order #2, Fridley Garage and Storage Facility Gentlemen: You are hereby ordered, suthorized and instructed to modify your contraet for the Fridley Garage and Storage Facility by modifying the folloxing: ADDITIONS j,�em Ouantitv Unit Price ��Lt 1. Add reinforcing steel to 14' and 25' end Walls 2. Change overhead door electric safety edge to pneumatic safety edge 3. Change three button transmitter to one button transmitter 4. Add Wiring for ninth overhead door operator 5. Add nine outside key switches for overhead doors 6. Change "Schlage" locks to "Best" loeks 7. Add gas unit beaters complete With vent piping Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum +� 68�.00 -�1�080.00 -� 387.00 +� 225.00 +�2,049.00 +� 264,00 +a 66,.00 -� 1,080.00 -a 3s7.00 +� 225.00 +� 2,049.00 +� 264.00 Lump Sum +�5,579.00 +S 5,579•00 TOTAL CHANGE ORDER #2 (ADDITION) +� 7,331•00 j ORIGINAL CONTRACT PRICE CHANGE ORDER #1(ADDITION) CHANGE ORDER #2(ADDITION) REVISED CONTRACT AMOUNT +3394�700.00 +; 8,740.00 +� 7.331.00 _ �410,771.00 11 A Monette Construction, Inc. Page 2 Change Order #2, Fridley Garage and Storage Facility Submitted and approved by John G. Flora, Public Works Director on tbe day of � 1984. �, Prepare� Cheaked by : il/i f� /G. Flora, P.E. ic Works Director Approved and accepted this �� day of Gc r. , 1984 by Monette Construction, Inc. MONETTE CONSTRUCTION CO., Inc. 1 � ;�> � �1 � :� � L y Title Approved and accepted this day of , 1984 by the City Council of Fridley, Minnesota. William J. Nee, Mayor Nasim M. Qureshi, City Manager 27/17 mc s 11B t�re c�TV os OIRECTORATE OF PUBLIC WORKS � OATE octAber 10, 1984 FROM D.P.W. Steve Ols� SUBJECT � MEMOiaANDUM tal Office TO ACTION INFO. John Flora, Public Works Direc or Sign Plan for 7570 Highway #65 N.E. The attached sign plan was submitted by Mr. Steve Codden, the new owner of this property. This should provide for the upgrading of the signs on this building and should provide a unif ormity in appearance. Each tenant will have to get a permit prior t�o displaying any new signs and each sign must comply with the size requirements of the City Code. S30/mh _ `}� ATTACH: 1 " ��1 ��ti . ; . �� I � M y 1. 1 � �4 � • � ' C� h ` � ?i . K .., �` ,r; •'i �^ . � . ; C � 1`: � �� I � � v _ .. ,� � � � � . �� , � w � , "J � . � � y,.�' . `� � �� . W � �� _ � ,: - - � ----�c- � a � � Q � � �; � � �, � ��; � .� � � o'� � c.�� °ti� � �4� o � � �� } � � � B� � h ��t 3 � � N s� � � � � � O `� �o�k ? � , � � �� v.3 •, �� `i�1'� � .� �. , (?- 3 �,� � � � N � � ��a$�=�� . .. � W� �� l(, �� p � 0 2 .°�tc±� � NW�'j +c�3 � � -+',�,c � ° c � �. � � o�� W�� t�.� � � �� z ��+s� �� =8; = a� *�E ^��~ _� � � ��3h�.�� a � 0 U I �E 1 1 � I "� 1 � � � _ _11 i -- � ' ,i ; ; � � � � s' • . y . . :'� ..� . r � .. . -�� , - .---- ---________.__�. _ . i � �A � � CtTY OF f RJ DLEY O�TE 10/10/84 AOw O.►W. John Flor�. Di usJEC� . SNOW REMOVAL EQUIPMENT o�RECTOaATE OF puB��c woRKs MEMORANDUM TO Nasim Qureshi, Ci 13 0 0� ;� �o . �--= � PW 186-84 •CTION INFO• ManaQer A 1985 Capital Budget outlay for Public Works identified a Diamond Plow to be used an the Engineering Survey Vehicle and a snow blowing tractor to be used on sidewalks, parking lots, and for truck loading. In order to facilitate and to properly handle the snow removal requirements associated with the Police Garage and Storage area adjacent to City Hall, the City Nall parking lot, and the liquor warehouse operation, it is essential that we obtain this specialized snow removal equipment before we receive any major snow falls. I have coordinated with the Finance Department and obtained their approval to purchase this equipment this year. In order to insure that we have the necessary equipment to expeditiously and economically handle the snow removal requirements that are placed upon the Public Works Department, recommend the Council authorize the advertisement for bids for the snow blowing equipment and the quotes for a Diamond Plow. JGF:jmo RESQATI(k�T Nt�. - 1984 ' 7. �. � 1 � � X'i • • : N.. SIDEWALK SNOW BLOWER MACHINE , BE IT RESOLVm by the Council of the City of Fridley, as follaws: l. Tfiat it is in the interest of the City to award bid contracts for the following itais or materials. SIDEWALK SNOW BLOWER MACHINE 2. A copy of 1-he specifications for the above described itens and materials, together with a proposal for the method of purchase and the gayment thereof have been presented to the Council by the City tlanager and the same are hereby approved and adopted as the plans and specificatians, and the method of acquisition and payment to be required by the City with respect to the aoquisition of said itens and materials. 3. Zl�e purchase of said iteqns and ^aterials as described above shall be effected by sealed bids to be reoeived and opened by the City of Fridley on the 5th day of November, 1984 . The City rlar�ager is directed and authorized to advertise for the p�rchase of said itans and materials by sealed bid proposals under notioe as pravided by law and the Charter of the City of Fridle:r, the notioe to be substantially in form as that shown by Exhibit "A" attached hereto and mac3e a part of by ref erence. Said notice shall be published at least twioe in the official newsp3per of the City of Fridley. PASSID AND ADOPTID BY 'I�IE CITY �UiVCIL OF 'n-�E CITY OF FRIDLEY THIS DAY o� , isa4. AZTEST; SIDNE'Y C. Il�4•fAN - CITY CLQZK 3/7/1/10 WII�LIArI J. I�E - MAYOR 0 13 A 13 � crrY oF �m� Bm r�ozzaE f or SIDEWALK SNOW BLOWER MACHINE E�iIBIT "A" The City Council of the City of Fridley, tlinnesota will acoept sealed bids for a Sidewalk Snow Blower Machine _ on the 5th dav of November, 1984 until 11:Q0 A.t•1. on said date at the Fridley City Hall, 6431 University Avenue P1E, Fridley, tiinnesota 55432 (telephone: 571-3450) . Ali bids must meet the ninim�.a� requirer,ents of the specifications. Failure to comply with this Section can result in disqualification of the bid. Fach bid shall be acampanied by a Certified Check, Cashier's Check, Cash or i3id Bond and made payable without conditions to the City of Fridley, Flinnesota, in an anount of not less than five pervent (5$) of the bid, which check, cash, or bond shall be forfeited if bid3er neglects or refuses to enter into contract, af ter his bid has bePn acoepted. "he City reserves the right to acaept the bid �ahich is determined to be in the best interests of the City. �e City reserves the right to reject any and all bicls and waive any infoc�alities or technicalities in any bid received without explanation. �he City Council also reserves the right to consider such f actors as time of delivery or performance, experience, responsibility of the bidder, past performance, of similar types of itens or materials, availability of products or other similar factors that it may determine to be in the best interest of the Ci ty . Copies of the specifications and general conditions may be examined or obtained fram the offioe of th O�erations An�ly�t. Robert Nordahl . All bids must be submitted in sealed envelopes and plainly marked on the outside with Sidewalk Snow Blower Machine . Nasim M. Qureshi City FSanager Publish: Eridle� Focus Week of: October 22, 1984 : October 29, 1984 14 BND/nofreeway8 EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA HELD ON: OCTOBER 15, 1984 Member introduced the iollowing resolution an move its adoption: RESOLUTION NO. A RESOLUTION AUTHORIZING THE ISSUANCE OF $7,730,000 CIZ'Y OF FRIDLEY INDUSTPIAL DL�'ELOPr1ENT REVENUE BONDS (NORTH FREEN'AY INVESTORS) WHEREAS, the Municipal Industzial Development Act, Min- nesota Statutes, Chapter 474, as amended (the "Act"), de- clares that the welfare of the State of Minnesota (the "State") requires active promotion, attraction, encourage- ment and development of economically sound industry and commerce through governmental action to pzevent, so far as possible, emergence of blighted lands and areas of chronic 14 A unemployment, and it is the policy of the State to facili- tate and encourage action by local government units to pre- vent the economic deterioration of such areas to the point where the process can be reversed only by total redevelop- ment through the use of local, state and federal funds de- rived from taxation with the attendant necessity of relo- cating displaced persons and of duplicating public services -in �other areas; and ' WHEREAS, the Act further finds and declares that such governmental action is required by technological change that has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources in each community, a large part of the existing investment of the community and of tbe State as a whole in educational and public service facilities will be lost, and the movement of talented, edu- cated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for the purposes of industry, commerce and tourism will deprive the community and the State of the economic and human re- sources needed as a base for providing governmental services and facilities for the remaining population; and WSEREAS, the Act further finds and declares that such governmental action is required by the increase in the amount and cost of governmental services and the need for more intensive development and use of land to provide an adequate tax base to finance these costs; and WHEREAS, Section 474.02, Subdivision la, of the Act further authorizes the financing of properties, real or personal, used or useful in connection with a revenue producing entergrise; and WHEREAS, the City of Fridley, Anoka County, Minnesota (the "Issuer"), is authorized by the Act to enter into a revenue agreement with any gerson, firm or public or private corporation or federal or state governmental subdivision or agency in such manner that payments required thereby to be made by the contracting party shall be fixed and revised from time to time as necessary so as to produce inco�e and revenues sufficient to provide for the prompt payment of the �rincipal of, premium, if any, and interest on all bonds issued under the Act when due, and the revenue agreement shall also provide that the contracting party shall be re- quired to pay all expenses of the operation and maintenance of a project, including, but without limitation, adequate insurance thereon and insurance against all liability for - 2 - 14 B injury to persons or property arising from the operation thereof and all taxes and special assessments levied upon oz with respect to the project and payable during the term of the revenue agreement; and WHEREAS, the Act further�authorizes the Issuer to issue revenue bonds, in anticipation of the collection o� revenues -of a project, to finance, in whole� or in part, the cost of acquisition, construction, installation, completion, recon- stzuction, improvement, betterment or extension of any such project; and WSEREP,S, North Freeway Investors, a Minnesota general partnership (the "Borrower"), proposes to acquire, construct and equip office/industrial service facilities (the "Proj- ect"j in the City of Fridley, to be owned by the Borrower, and the Issuer desires to finance said Project upon the terms and conditions as required by the Act and as in the Agreement (as hereinafter defined) set forth; and WHEREAS, the Issuer proposes to undertake said facili- ties as a project authorized under the Act and to finance the cost thereof by the issuance of revenue bonds of the Issuer under the Indenture (as hereinafter defined); and WSEREAS, the Issuer proposes to enter into a Trust In- aenture, dated as of October 1, 1984 (the "Indenture"), with Norwest Bank Minneapolis, National Association, in Minne- apolis, Minnesota (the "Trustee"), to provide, among other things, for the issuance by the City of Fzidley, Minnesota, of its Floating Rate Demand Commercial Development Revenue Bonds (North Freeway Investors Project) Series 1984, dated as of the date of delivery thereof, in the aggregate princi- pal amount of $7,730.000 (the "Bonds"�, and the Issuer and the Borrower have proposed to enter into a Loan Agreement, dated as of October 1, 1984 (the "Agreement"), so as to, among other things, loan the proceeds of the Bonds to the Borrower to be used to acquire, construct and install the Project, and the Bozrower, the Trustee, the Issuer and Citi- bank, N.A. ( the "Bank" ) have proposed to enter into a Dis- bursing Agreement, dated as of October 1, 1984, (the "Dis- bursing Agreement"), so far as to provide the proper use of the proceeds of the Bonds, and the Borrower, and the Trustee have proposed to enter into a Mortgage, Security Agreement and Fixture Financing Statement, dated as of October 1, 1984 (the "Mortgage"), so as to secure the performance of the Horrower's obligations under the Agreement, and the Borrower proposes to ob�ain an Irrevocable Letter of Credit from the Bank to secure the Bonds; and copies of the proposed Agree- ment, Indenture, Mortgage and Disbursing Agreement have been placed on file in the office of the City Manager; and - 3 - 14 C WHEREAS, the Bonds issued under the Indenture will be secured by a pledge and assignment of the loan repayments to be paid to the Zssuer by the Borrower as required by the Agreement (the "Loan Repayments") and other revenues derived by the Issuer from the Mortgaged Property under the Mortgage (the "Mortgaged Property"� and the Issuer's rights (except certain rights as to indemnification and reimbursement of -expenses) under the Agreement and.the Mortgaged Property, and the Bonds shall be further secured by an Irrevocable Letter of Credit issued by the Bank, and the Bonds shall be further secured by moneys in a Reserve Fund (as defined and established by the Indenture), and the principal of, pre- mium, if any, and interest on the Bonds shall be payable solely from the revenues pledged therefor, and the Bonds shall not constitute a debt of the Issuez within the meaning of any constitutional or statutory limitation nor shall constitute or give rise to a pecuniary liability of the Issuer or a charge against the Issuer's general credit or taxing powers and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer other than its interest in said Project; and WHEREAS, the Issuer proposes to,loan the proceeds of the Bonds to the Horrower to acquire, construct and install the Project, with the disbursement of such proceeds controlled by the Disbursing Agreement, and the Borrower desires to borrow the proceeds from the Issuer to finance the Project upon the terms and conditions as required by the Act and as set forth in the Agreement; and WHEREAS, under the Agreement, the Borrower is to pay to the Issuer su�ficient moheys each year to pay the principal of, premium, if any, and interest on the Honds issued to finance the Project, and the Borrower is to provide the cost of maintaining said Project in good repair, the cost of keeping the Project properly insured and any payments re- quired for taxes; and WHEREAS, Dougherty, Dawkins, Strand & Yost, Incorpo- rated, Minneapolis, Minnesota (the "Original Purchaser"), has proposed to purchase the Bonds on the terms and condi- tions contained in the Indenture: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THAT: s Section l. to finance the the Project is The loan to the Borrower under the Agreement acquisition, �onstruction and installation of hereby authorized and approved. Section 2. For the purpose of financing the cost of the acquisition, construction and installation of the Project, there is hereby authorized the issuance of $7,730,000 aggre- - 4 - 14 D gate principal amount City of Fzidley, Minnesota, Floating Rate Demand Conunercial Development Revenue Bonds (North Freeway Investors Project) Series 1964, dated as of the date of issuance thereof (the "Bonds"). The Bonds shall be issued in fully registered form, shall be in such denomina- tions, shall be numbered, shall be dated, shall mature, shall bear interest, shall be subject to redemption prior to =maturity, shall be in such form and shall have such other details and provisions as are prescribed by the Indenture. Section 3. The Honds shall be special obligations of the Issuer, payable solely from the revenues received by the Issuer from the Agreement, in the manner provided in the Indenture. As security for the payment of the principal of, premium, if any, and interest on the eonds, pro rata and without preference of any one Bond over any other Bond, the City Council of the Issuer hereby authorizes and directs the Mayor and the City Manager to execute and the City Clerk- Treasurer to attest under the corporate seal of the Issuer the Indenture and to deliver to the Trustee the Indenture and does hereby authorize and direct the execution of the Bonds by the facsimile signatures of the Mayor and the City Manager, as attested by the facsimile signature of the City Clerk-Treasurer, and does hereby provide tbat the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the holders of the Bonds, the Issuez and the Trustee as set forth therein. All of the provisions of the Indenture, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file in the office of the City Manager with such neces- sary and appropriate variations, omissions and insertions as permitted or required or as the City Manager, in his discre- tion, shall determine, and the execution thereof by the City Manager shall be conclusive evidence of such determination. Section 4. The Mayor, the City Manager and the City Clerk-Treasurer are hereby authorized and directed to exe- cute, attest and deliver the Disbursing Agreement by and between the Issuer and the Borrower. All of the provisions of the Disbursing Agreement, when executed and delivered as 8uthorized herein, shall be deemed to be a part of. this resolution as fully and to the same extent as if incorpor- �ted verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Dis- bursing Agreement shall be substantially in the form on file in the office of the City Manager with such necessary and appropriate variations, omissions and insertions as per- - 5 - 1�� E mitted or required or as the City Manager, in his discre- tion, shall determine, and the execution thereof by the City Manager shall be conclusive evidence of such determination. Section 5. All covenants, stipulations, obligations and agreements o the Issuer contained in this resolution and contained in the Indenture, the Agreement and Disbursing :-Agreement shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer or the City Council thereof by the provisions of this resolution or the Indenture, the Agreement or the Disbursing Agreement shall be exercised or pezformed by the Issuer or by such members of the City Council or by such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the Indenture, the Agreement or Disbursing Agreement shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer executing the Bonds shall be liable personally on t�he Bonds or be subject to any personal liability or accountability by reason of the issu- ance thereof. Section 6. Except as herein otherwise expressly pro- vide , nothing in this resolution oz in the Indenture, ex- press or implied, is intended or shall be construed to con- fer upon any person or firm or corporation other than the Issuer, the holders of the Bonds issued under the provisions of this resolution and the Indenture and the Trustee any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof; this resolution, the Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and the holders from time to time of the Bonds issued under the provisions of this resolution and the Indenture. Section 7. In case any one or more of the provisions of �his resolution, the Indenture, the Agreement, the Disburs- ing Agreement or any of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, the Indenture, the Agzeement, the Disbursing � 14 F Agreement or the Bonds, but this resolution, the Indenture, the Agreement, the Disbursing Agreement and the Bonds shall be construed and endorsed as if such illegal oz invalid provision had not been contained therein. The terms and conditions set forth in the. Indenture, the Agreement, the Disbursing Agreement, the pledge of zevenues and other sums _payable under the Agreement, the creation of the funds pro- vided for in the Indenture, the provisions zelating to the handling of the proceeds derived from the sale of the Bonds pursuant to and under the Indenture and the handling of said revenues and other moneys are all commitments, obligations and agreements on the part of the Issuer contained in the Indenture, and the invalidity of the Indenture, the Agree- ment and the Disbursing Agreement shall not affect the com- mitments, obligations and agreements on the part of the Issuer to create such funds and to handle said revenues, other moneys and proceeds of the Bonds for the purposes, in the manner and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the Issuer are as binding as if contained in this resolution separate and apart from the Indenture, the Agreement and the Disbursing Agreement. Section S. The Bonds shall contain a recital that the Bonds are issued pursuant to the Act to finance a"project" within the meaning of Section 474.02, Subdivision lc thezeof, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and all acts, conditions and things required by the Home Rule Charter of the Issuer, the Constitution and the laws of the State relating to the adoption of this reso- lution, to the issuance of the Bonds and to the execution of the Indenture, the Agreement and the Disbursing Agreement to happen, to exist and to be performed precedent to and in the enactment of this resolution and precedent to the issuance of the Bonds and precedent to the execution of the In- denture, the Agreement and the Disbursing Agreement have happened, do exist and have been performed as so required by law. Section 9. The officers of the Issuer, attorneys, engineers an other agents�or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the Indenture, the Aqreement and the Disbursing Agreement for the full, punctual and complete performance of all the terms, cove- nants and agreements contained in the Bonds, the Indenture, the Agreement and this resolution. Section 10. The Issuer has not participated in the preparation of any preliminary official statement or final official statement and assumes no responsibility for the - 7 - sufficiency, accuracy, or comgleteness of any statement or information contained in any summary of the financing contemplated by the issuance of the Bonds. Section 11. The Trustee is hereby designated as the paying, authenticating and t'ransfer agent and registrar for the Bonds. . Section 12. The City Manager of the Issuer is hereby designate and authorized to act on behalf of the Issuer as the issuez representative under the Agreement. The City Clerk of the Issuer is hereby designated and authorized to act on behalf of the Issuer as an alternate issuer represen- tative. Section 13. The officers of the City are hereby autho- rized to execute the Agreement, the Indenture and the Dis- bursing Agreement, as provided in this resolution and with such modifications to such documents, insubstantial in nature, as bond counsel and �ounsel to the City may approve. Section 14. This resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA ON OCTOBER 15, 1984. ATTEST: City Clerk-Treasurer � - 8 - Mayor 14 G 15 RESOLUTION NO RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN ALLOCATION AGREEMENT WITH NORTH FREEWAY INVESTORS AND TO RIVER ROAD INVESTORS WHEREAS, North Freeway Investors, a Minnesota general partnership, and River Road Investors, a Minnesota general partnership, respectively, have applied to the City of Fridley, Minnesata, and have been given preliminary approval by the City Council for the issuance by the City of its commercial or industrial development revenue bonds for their proposed Projects; WHEREAS, pursuant to Laws of Minnesota 1984, Chapter 582 (the "Allocation Act"), the City has received an allocation as an Entitlement Issuer thereunder and may, under certain circum- stances, apply on a competitive basis for additional amounts of bonding authority; WFiEREAS, the City Council pursuant to approval at the August 6, 1984 meeting,-has executed an agreement allocating its Entitle- ment Amounts to North Freeway Investors and River Road Investors; and WHEREAS, the Allocation Act requires that certain actions be taken in a timely fashion to retain the City's Entitlement Amounts and to compete for additional allocations thereunder: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: 1. The City Council hereby determines that it is in the best interests of the City to amend the agreement with North Freeway Investors and River Road Investors, respectively. 2. The Amendment entitled "Amendment to Agreement Allocating the City of Fridley's 1984 Industrial Development Bonding Entitle- ment Amounts to North Freeway Investors and to River Road Investors," which is attached to and made a part of this Resolution, is hereby approved by the City Council, and the City Manager, the City Clerk- Treasurer., and the other officers and employees of the City are hereby authorized to execute said Agreement and to take such actions as may be necessary to abide by and fulfill the terms and intent thereof. Such officers are further authorized to enter into such Amendment with any changes thereto as may be recommended by the City's bond counsel, O'Connor & Hannan, which changes shall be deemed approved by the City Council upon the execution of said Amendment by said officers. 0 3. The officers and employees of the City are authorized to notify the Minnesota Energy and Economic Development Authority ("MEEDA") by letter of the return to MEEDA of a portion of the City's Entitlement Amount, pursuant to the Amendment. Adopted by the Fridley City Council on this 15th day of October 1984. William J. Nee, Mayor ATTEST: Sidney Inman, City Clerk-Treasurer ' -2- . 15 A 15B AMENDMENT TO AGREEMENT ALLOCATING THE CITY OF FRIDLEY'S 1984 INDUSTRIAL DEVELOPMENT BONDING ENTITLEMENT AMOUNTS TO NORTH FREEWAY INVESTORS AND TO RIVER ROAD INVESTORS THIS AMENDMENT is dated October , 1984; is by and between the City of Fridley, Minnesota (the "City"), North Freeway Investors, a Minnesota general partnership, and River Road Investors, a Minnesota general partnership; and provides as follows: 1. Recitals. (a) The City, North Freeway Investors and River Road Investors executed an original agree- ment allocating the City's Entitlement Amounts (the "Original Agreement"). (b) The City has received a final entitlement amount from the Minnesota Energy and Economic Development Authority ("MEEDA") in the amount of $8,137,185. (c) The City has been requested to issue its Floating Rate Demand Commercial Development Revenue Bonds (North Freeway Investors Pro- ject) Series 1984 in the aggregate principal amount of $7,730,000. (d� The City has been informed by Bond Counsel that to issue its Commercial Development Revenue Bonds for River Road Investors, the City must return any unissued Entitlement Amount to MEEDA by October 20 and apply for an allocation from the "Competitive Pool" established by Laws of Minnesota 1984, Chapter 582. � 2. Amendments. (a) Section 3 of the Original Agreement is hereby amended to provide that the City shall allocate to North Freeway Investors $7,730,000 of its 1984 Entitlement Allocation. The remaining terms of said Section shall continue in full force and effect. (b) Section 4 of the Original Agreement is hereby amended to provide that the City shall make no allocation to River Road Investors. � River Road Investors shall supply the one percent (1$) deposit fee required by MEEDA for competitive application for bonding authority. The City c 15 C agrees to cooperate with River Road Investors in the filing of the application to MEEDA. 3. Continuing Effect. Section 2, 5, 6 and 7 of the Original Agreement are unamended by this Amendment and shall continue in full force and effect. IN WITNESS WHEREOF, the City, North Freeway Investors and River Road Investors have caused this Amendment to be duly executed by their authorized representatives on the date hereof. CITY OF FRIDLEY By Nasim Qureshi, City Manager By i ney Inman, City C erk-Treasurer NORTH FREEWAY INVESTORS, a Minnesota general partnership By General Partner RIVER ROAD INVESTORS, a Minnesota general partnership By General Partner -2- RFSO[,UTION N0. - 1984 RF�OLUTION AU�iORIZING SUBMISSION OF �IE GRANP APPLICATIOr1 AND EXECUTION OF THE GRANT A�GREEMENT - ANOKA TRI-CITY AT,OOHOq, A. T. A. C. WHEREAS, the State of Minnesota will make grant funds available for I7�dI enforceqnent measures to local law enforcement agencies to begin October 1, 1984 and end Septenber 30, 1985; and WHEREAS, the cities of Blaine, Coon Rapids and Fridley are desirous of prwiding a 000rdinated cooperative approach to LWI enforcesnent; and WHEREAS� a joint powers agreement is in place which will allow for a coordinated enforcement effort; and WH�E�S, the City of Blaine and the City of Coon Rapids agree to allow the City aF Fridley to ac�inistratively coordinate the A.T.A.C. grant. NCC7W, �IEREFORE, BE IT �tE'SC�,VID that the City of Fridley act as one of three sponsoring units of government and one of three grantees for the project titled Anoka Tri-city Alochol Countermeasure (A.T.A.C.). The A.T.A.C. project is to be conducted in the City of Fridley by the Fridley Police Departrient during the period fram October 1, 1984 through Septenber 30, 1985. James P. Hi11, Public Safety Director, is hereby authorized to apply to the State of Dti.nnesota Departlnent of Public Safety for funding of the project and execute such agreanents as are neoessary to implement the project on behalf of the Fridley City Council. PASSID AND ADOPTID BY �IE CITY «l[JNCIL OF �iE CITY OF FRIDLEY TH IS DAY OF , 1984. WILLIAP'i J. NEE - MAYOR ATTEST: SIDNEY C. Il�IlN11N - CITY Q,ERK 16 � � � MEMO T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: SIDNEY C. INMAN, DIRECTOR OF CENTRAL SERVICES/ CITY CLERK SUBJECT: RESOLUTION SPLITTING SPECIAL ASSESSMENTS FOR 7HE AUGUST 15, 1984 AGENDA DATE: OCTOBER 10, 1984 We are requesting that the City Council approve the resolu- tion splitting the special assessments on Parcel 415, part of lot 1, Auditor's Subdivision No. 89 (Pin No. 12 30 24 31 0004). . The City Council has previously approved the splitting of this parcel and the division has been recorded at Anoka County. SCI ps 17 RESOLUTION N0. - 1984 A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 415, PART OF LOT 1, AUDITOR'S SUBDIVISION N0. 89 WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcel, to-wit: Parcel 415, part of Lot 1, Auditor's Subdivision No. 89, may and shall be appor- tioned and divided and replatted, as follows: Oriqinal Parcel Parcel 415, Part of t. 1, Auditor's Subdivision No. 89 (12 30 24 31 0004) Division of Parcel Approved Part of L. 1, Auditor's Sub- division No. 89 (12 30 24 31 0048) Part of L. 1, Auditor's Sub- division No. 89 (12 30 24 31 0047� Fund Regular SA W #34 SW #24 •SS #24 SS #89 ST. 1968-16 ST. 1969-2 SW #88 Fund Regular SA W �34 SW #24 SS #24 ST. 1969-2 SS #89 Regular SA W #34 SW #24 SS #24 ST. 1968-1B SW #88 SS #89 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1984. ATT�ST: CITY CLERK Sidney C. Inman Original Amount Paid Paid Paid Paid $ 1,791.90 Paid Paid 1 ,453.60 3,245.50 Original Amount Paid Paid Paid Paid Paid $ 1,003.46 Paid Paid Paid Paid Paid $ 1,453.60 788.44 3,245.50 DAY OF YOR William J. Nee 11 A i . Original Parcel r�ru w .r t,/. 4..�.tu rs+ .r si0i ��/.�� 1� � � � ! • . ..... . - - •` � ,V • � . �� , ' ' �� ,~ • � � : . •.. '�/ �ir ♦ ��/ w' • � �r�•��IYt �� ., ' � .. , - , ' . ! �,.:. : , `. - 't -� j`�`��i +� s� � A ! •. `• _► � �__ r� � ■ � �� _ i � ,_ ` � f I� �. �'►• �'/R�r� � _ ' ;� • . . � . �_ . ....� �_ 17 � � ...,,.,,._. . � � �• � �w��sr.� r. +w� � . . • M I , �jt� � ll�i " �-T�r=�s. =�s-Z�V •.��, . �rs N0. �� . . 3 i 1 ... �.. 7i+' -T t T.� � --• • ` _ C� �� , , , ��-�� `�� 1 Divisian of Parcel � FOR CONCURRENCE BY THE CITY COUNClL -- ClAlMS OcTOB CL�IN'� hl;�'EERS 268512 - 286V10 : � FOR CONCURRENCE BY THE CITY COUNCIL October 15, 1984 Type of License: By_ Approved By: Food Establishment 19 -- LICENSES Mr. Steak in Fridley Robert W. Hite Steven J. Olson 5895 University Ave.N.E. Health Inspector Fridley, Mn. 55432 On Sale Liquor Mr. Steak in Fridley Robert W. Hite James P. Hill 5895 University Ave.N.E. Public Safety Director Fridley, Mn. 55432 Sunday On Sale Liquor Mr. Steak in Fridley Robert W. Hite James P. Hill 5895 University Ave.N.E. Public Safety Director Fridley, Mn. 55432 Vending Machine Burlington Northern Coca Cola 8ottling Steven J. Olson 4301 California Ave.N.E. Health Inspector Fridley, Mn. 55421 Commerce Park Bauermeister Vending Steven J. Olson 7362 University Ave.N.E. Health Inspector Fridley, Mn. 55432 Fees• $35.00 $3,500.00 $133.28 $25.00 $75.00 - 19A ' FOR CONCURRENCE BY THE CITY COUNCIL -- IiCENSES OC�BER 15, 1984 GAS SERVICES Advanced Heatinq & Air �nd. Inc. 7805 Beech Street N.E. Fridley. MN 55�l32 Total Energy Heating & Cooling 5905 Lexington Avenue North S�. Paul, MN 55112 GENERAL CONTRACTOR Dailey Homes 8510 Central Averrue N.E. Blaine, MN 55434 Designer Pools P.O. Box 504 Prior Lake, MN 55372 Don Knu tson Remo de li ng 11117 Welcome Avenue North Champlin, t4N 55316 Meehan Brothers Inc. 2838 Stevens Avenue South Minneapo lis , N1IJ 55408 Universal Pools & Spas P.O. Box 611, S. Hwy. 25 Monticello, MN 55362 HEATING Advanced Heating & Air Cond. Inc. 7805 Beech Street N.E. Fridley, MN 55432 Comfort Refrigeration 3624 Morgan Avenue North Minneapolis, NBJ 55411 Continental Energy Systems 8700 Research Center Road New Hope, Mtd 55428 D& D Anderson Plunabing & Heating Route #4, Cambridge, NID1 55008 Total Energy Heating & Cooling 5905 Lexington Avenue 13orth St. Paul, NIId 55112 MASONRY Day Co Concrete Qompany 1340 Park Road Chanhassen, MN 55317 By: Maynard Fdson By: Curtis Lovegren By: Howard Thorson By: Jim Vossen By : Don Knu tso n By: By: Patrick Phipps By: Maynard Edson By: Tim Frei By: John Metzkel By: Darius Anderson By: Curtis Lovegren By: David Brockpahler Y� APPRCNED BY William Sandin Plbg.-Htg. Insp. Same DARREL CI�ARK Chief Bldg . Ofc . Same Same Same Same WILLIAM SANDIN Plbg.-Htg. Insp. Same Same Same Same Darrel Clark Chi ef Bldg . Of c. �� FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES J' October 15, 1984 RESIDENTIAL RENTAL PROPERTY ER LOCATION OF BUILDING UNITS FEE APPROVED BY Herbert A. Zwirn 5900 3rd Street 5900 3rd St. I� Fridley, 1�J 55432 Herbert A. Zwirn 5410 5th Street 5900 3rd St. 1� Fridley, I�J 55432 Joseph D. & 6232-34 5th Street Irer�e hfaertens 144 River Edge Way Fridley, FII� 55432 Gary t;uske 1591-93 73rd Avenue 2321 Stinson Pkwy. t�ipls, NII�I 55418 W. Zfiomas & 1580-84 73-1/2 Avenue Gloria B. Shier 1715 Heritage La. New Brighton, NII� t3attson Properties 7325-27 Able Street 10267 Univ. Ave. I� Blaine, I�4�] 55434 Stanley R. t;einen 7349-51 Able Street 3223 ta. Owasso Blvd. St. Paul, rII� 55112 John P. Baumhofer & 7463-65 Able Street Kathleen t•1. Ba�nnhofer 608 Jefferson Cir. I�"arshall, P�l 56258 Richard & Phyllis Fudali 7833-37 Firwood Way 2810 County Rr9. 10, �500 Mpis, r'II3 55430 i�Sazy Hanson 7851-55 Firwoa7 way 7851 Firwood �Jay 2� Fridley, NII�] 55432 S. R. Madireddi 1230-32 Norton Avenue 11542 Gentilly Rd. Maple Grwe, MN 55369 Daniel Winterstee� 6671-ffi Main Street 6651 t�ain St. Iv� Fridley, bII�] 55432 4 $36.00 4 $36.00 2 $24.00 2 $24.00 2 $24.00 2 $24.00 2 512.00 2 $24.00 2 $24.00 1 $12.00 2 $36.00 2 $24.00 Steven J. Olson� E�rviron.Ofcr. � ' , Roy cY awel l 110253 Village Rd. �aska, hII� 55318 llichael QZies 2760 219th Ave. Cedar, NdV 55011 Diane E. Schute 7379 Able St. 1� Fridley, i�II�] 55432 Rabert & Kathle� Andres 3368 118th Ave. Na Coon Rapids, �IIJ 55433 1�3ark L. Clasen 6345 Pieroe St. I� Fridley, !�] 55432 1241-42 Norton Avenue a $24.0o st�� J, ols.,..19 C F�viron.Ofcr. 7313-15 University Ave. 2 $36.00 7379-@1 Able Street 117 Mississippi P1. 6345 Pierae Street � 1 $12.00 4 $36.00 1 $12.00 �` FOR CONCURRENCE BY THE CITY COUNCIL '- ESTIMATES Aerrick & Newman, P.A. 6279 University Avenue N.E. Fric�.ey, 14N 55432 For Legal Servioes rendered as City Attorney for the morith of Septenber, 1984 � . F. F. Jecil icki, Inc. 14203 W. 62nd Street Eden Prairie, M3 55344 FINAL ESTII+�TE Proj ect #145 Water & Sewer Itnprwenerit Short Elliot-Hendrickson 200 Gopher Building 222 East Little Canada Road St. F�aul, Minnes�ota 55117 Partial Estimate for July 29-August 25, 1984 Drive-In �`heatre Site Tr�fic Study x&sAs�hatt 1700 Industry Avenue Anoka, MV 55303 Street Impruvanent Project St. 1984 1& 2, Partial Estimate No. 7 $ 2,736.25 $ 6,602.96 $ 3,465.58 $130,547.10 20 V1RGfl C. MENRIGI( OAVID ►. NEWMAN JAMES E. fCMMEGKVEPER VCH HERRiCK & NEWMAN, P.A. ATTORNEYS AT LAW October 9, 1984 City of Fridley 6431 University Avenue Northeast Fridley, MN 55432 September Retainer: HOURS IN EXCESS OF 30 AT $50.00 PER HOUR: HOURS IN EXCESS OF 30 AT $25.00 PER HOUR BY LAW CLERK: EXPENSES.ADVANCED: Anoka County Recorder (Filing Fee re Belisle): Anoka County Recorder (Filing Fee re Gottwaldt): Clerk of District Court (Filing Fee re Police Pension: 45 xerox copies: BALANCE DUE: 6279 UNIVERS�Tr AVEr+uE a,E. FRIDLEY. MINNESOTA 35432 571-3850 $1650.00 900.00 132.50 5.00 5.00 37.00 6.75 $2736.25 20 A 10: Honorible Miyor ind City Council City of Fridley 6�31 Universitr Avenue NE Fridley, !IN 55�32 -------------------------------------------- CIiY OF FRSDLEY EN6INEERIN6 DEPARTMENT 6431 UMIVERSITY AVENUE NE FRIDLEY� MINNESOTA 55432 DATE: 1�/18/84 . Final RE: Estiwte No. S Period Ending 1811e/84 For: f. F. Jedlicki, In�. 14283 il 62nd Stree± Eden Pra►rie, MN 55z44 STATEMENT OF MORK Proje:t 11�5 - Mater and SeMer Inprave�ent ----------------------------------------------------------------------- CDNiRRCT PR06RESS ------------------------------------------------------------------------------------------------------------------------- ESTIMATED UM1T QUANTITY THIS i01f�: CONT�ACT I1EM QUANIITIES PRICE UNIT ESTIMATE TOTAL AMOUNT -------------------------------- 6' D�ct�le Pipe b" 6ate Valve 6' Hydrant M/valve ' live Tap-6' 6ate Valve M/18' ta;,ping Sleeve b' 98 degree Bend Ja�k !1' stEel casting under Centra; Avenue �' 6ate VaIre Hydrint Re-locatian 4' D.I.F. Drainf�eld rock for �ydrants 6' x 6' K 4' Tee 6' 45 degree Ber.tl 1' cepFer service connections Clear � 6ru� Lu�p Su� b' x 6' z b' Tee 1' Copper Service Pipe 8` P.V,C. fB-18'1 Construct SIND MH 8' x 4' Service M�es 6ranular P►pe Bedding Material 4' P.V.C. Service Pipe B' x �' VCP t�ps Retove i Repltce Cnr� tc 6utter Re�ove i Replue 8it. Mit Co�eon Eec�vition 6rinular B�rroM Chanqe Order il � TOTAL � -------------------------------------------------------------------------- 2,454 1l.e8 L�n Ft 8 2,375 26,125.28 4 325.e0 Each 1 4 2,425.08 � 98@.@8 E�cn 8 4 3,6ed.80 1 f,2�8.08 Ea�h 3 125.88 Each 6B l 1 28 2 t 7 58 i 8 1,328 1,825 72 58 3e1 i,�se 5 238 646 Z,288 3,lBe t ----------------------- b8.9@ 388.88 BB�.BB 18.88 ie.ee 115.88 lBB.A@ 15.18 758.88 158,88 5.88 11.88 125.1@ 48.BB e.ei l.ea 158.lB 5.18 �.ee i.ee 2,d8 22,292.23 lin Ft Ea;h Ea�r, Lin Ft Cu Yd Each E�th Lin ft Euh Each lin Ft Lin Ft Lin Ft Ea�h a rd Lin Ft Each Lin Ft s, r. Cu Yd Cu '(d Lu�p 5u� 8 1 1,2@8.8@ 8 2 ?50,@0 1 68 3,ee�.8� t 380.00 1 6@B.@B 15 158.80 5 5�.ea 1 175,80 14 1,48�.0@ �E 3,080.88 1 758.80 e i,�ee.ea 1�'s14 b�518.e@ 2,381 26,191.88 y9 1:,3i5.88 4I 1,88�.8@ e e.ee l,349 9,443.80 J 7JA.B� 87 �35.8@ s�� z,eae.e� 3,8EQ 3,88�.88 S!8 1,8@B,B� 1 22,242.2� --------------------- 132,859,2; Q� �uKnaRr; Driginal Cont�tct Ibount Cantra�t Additions - Change Order Nos. 1 Contra�t Oedu�tions - Change Order Nos. Revised Contrut A�ount V�lue Co�pleted to Dite SUB?OTAI A�ount ketained t.88xi Le55 A�oun! Paid PreviouSly Ah0UN1 DUE iH:� ESTIMaTE ' LEkTIF1CATE OF iNE COMTAACTGF' SIBJtbJZ.ee :12,292.23 fe.BB f127,944.23 313_,85+.�3 s132,l59.23 fB.Be fi�S,�Sb.?7 sb,oe:.y� 1 Aereby cert:fy t�at the Mork per4or�ed an� the �a:erials s�ppiied '.e date un�er ;ere: of tr.e con;ract 4cr reiere^.ce pro]e:t, ar,d a?1 a�thori�eC change. t��ereto, have an act�al val�e un�er the cor:trac: �f the ac�::r:s srow-, or th:s esti�ate �a^d the iina! qua^:it�es of trE final esti�ate are correct!, and that th:s esU �a'e is �us`. a^d co•�e_t er,� r:; part of the 'Aeount D T�::s ESt� te' i ee^ re eived. ' i�—�� r� 6 , Gate ____� r- � - -s--� - - - --- - y--- % ------------------- /� ,ti f1 ,e �ese�ta:ive l?�.le) Ccntra.tor s Au, o P //j�-4 , I CEFTiFIL�?E OF TNE EH5INEER 1 here5y cert:fy ihat 1 Aave prepared or exa�ine� tt�is esti�a:e, anC th,dt ihB COR!�dCf�! is en±itled tc� paye.E^'. c� tn:s esti�a;e urder the tontra:t 4or reference proJe�t. CITY L�F fRIDtEY, 1N5PELTOR �r ----- �-'-=`---- ------- - Checked By _'_� �%�l.!_��'l_�_J��!��--- Oate _-----� �----I D_ � � Respect4ully sub�itted, C:TY DF fRID Y ' ar- - - -- -- --------- 6. FLORA, P.E. ublic Yo�ks Director 20 C