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12/03/1984 - 5222C�FICIAL CI7?Y �JNCIL AGFIVL� �UNCIL MEEr'Il� D�CENBER 3 , 1984 �-- . FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE:December 3, 1984 � �E ADDRESS � ITEM NUMBER ______________________________________________________________________________________________=i � � ' 73� �� . � �oQ .� � �1�' � � f� y � � �!P , �� ,r' �� v� � �� ? � � �� ' ' � .':` `�. ' �' i '� �..� .�/�:�.. � � � . � . � , �� . � ,, � . _ a?'�'�' rv � .5'��...�� ..� ..� . �. _ � � � L � •�.�'.. s�:�� .. _ . ., , �� w' <- �- .� � ' � �' � .� ��' <:. /1 <::- `j jT /.� �F '{ ,^ . 4 �.,.•. �; ` ;{ �. ,�, � "" , , � . �'� i:. ,�X-%t',t.. (. �,,,�r' D, 'r'J! G� ��''``:3f/ .v" 1 Z � �3 ✓ b� �..� �,, �' � �~ . �r , ,�..,�: � ,,,s �: . , �, . > ,,.., ' �.. � �✓,.� �: � ' ' , . , .. �� _ .. -:, � � ,r �.- /�y� 1'°!� ` �� /��.'4.Y'��k/i'�,-{.f � . � � � � 3 � � COUNCIL MEETING. DECEMBER 3, 1984 PA�E 2 . : COUNCIL MEETING. DECEMBER 3. 1984 1 . � � � PA�E 3 RECEIVING THE MINUTES OF THE CNARTER COMMISSION MEETING OF SEPTEMBER 17, 1984 . . . . . . . . . . . . . . . . . . . . 5 - 5 F A. SETTING PUBLIC HEARING ON AMENDING CITY CHARTER FOR JANUARY 7. 1984 ......................5 - 5A $5F CONSIDERATION OF RESOLUT{ON AUTHORIZING LOT SPLIT REQUEST, L.S. #84-a9 FOR A NEW BUILDING S�TE A7 6095 EAST RIVER ROAD BY BURLiNGTON NORTHERN RAILROAD . . . . . . . . . . . . . . . . 6 CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON BLOCKS 1-5. REES' ADDITION TO FRIDLEY PARK, AND PARCELS 5000 AND 5050. SECTION 14, AND REPLATTING INTO FRIDLEY PLAZA CENTER . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7 D APPOINTMENT: CITY EMPLOYEE . . . . . . . . . . . . . . . . . 8 CnUNCiI MEETING, DECEMBER 3. 1984 : • � PAGE 4 CONSIDERATION OF SPECIAL USE PERMIT SP #84-24 FOR A CHANGE IN SIGN AT 7620 UNIVERSITY AVENUE N.E.. BOB'S PRODUCE BY ROBERT SCHROER . . . . . . . . . . . . . . . 9 - 9 C L I CENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 10 A ESTIMATES . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11 F CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 .� � � THE MIP�UTES OF TNE FRIDLEY CITY COUNCIL FIEETING OF PJOVEMBER 5, 19�4 i�. v �i 1�4_. �� M,. � ?ri � � � y� _� M�. �� 4r� � 1� � M� �� 1�� h/ v��_� �he Regular meeting of the Fridley City O�tmcil was called to order at 7:38 p. m. by Mayor Nee. PLIDGE OF AI�,EGIANCE • Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• I�N�ERS PRFSE�]T: Mayor Nee, �lmcilman Barnette, �tuzcilman Schneider, douncilman Hamernik and Councilman Fitz�trick r'�r�ERS AssIIJT: None � • • ;.��1,� • u �l �� . u�__ r�. � �� : . . NC)TION by Councilman Barnette to approve the minutes of the meeting of October 15, 1984. Sev�nded by Councilman Fitzpatrick. C7ouncilman Schneider guestioned the word "resent" on page 9, paragraph 3, 4th line. Mr. Flora stated it was a typographical error, and the word should be "present." Upon a voice vote, all voting aye, Mayor Nee declared the motion carrieci unanimously ancl the minutes appraved as �nended. ADOPTION OF AGF�IDA• r'1�TION by Qouncilman Schneider to adopt the agenc�a as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �'� ��.+.1u � •�_ Mr. Dean Saba, 6325 Van Buren Street NE, stated that one week ago today, he attended the manorial servioe for young Peter Collins, age 10. Peter tried to bicycle across Highway 65 at Rice Creek Road near the Country C1ub Market. Since both sides of the highway are marked for bike trails, he was sure Peter thought he was safe. Mr. Saba stateci that in reviewing the map of the bikeways in the City of Fridley, he oounted no fewer than 12 intersections where bikeways approach a major hic�way. He stated he felt bikeways improve a city; they make the city a�rt aE the people; and we need more bikeways. However, although most bikeways approach, but do not a].ways cross the highways, it is -1- �� i M�--��,, �� J��41' ?I� �reasonable to expect that a child wi11 not attenpt to cross. He stated he felt city goverrment was ultimately judged by haw safe the city is to live in and raise a fa�nily. He felt Fridley was falling short in this area. Mr. Saba stated he realized there were limitations on exactly what can be d�ne by the City with major state and oounty roads, but he did not feel the City should acce� these limitations. Z'here has to be something the City can c3o, whether it is lobbying or persistance, to reduce the speed limits on Highway 65 and Highway 47. Mr. Saba stated Fridley is knaan as a city that exists along the freeway. MarYy peogle do not even realize they have gone through the City of Fridley, because they are going through it at 55 mph. I�9r. Saba stated he felt the City must c�onsider: 1. Doing whatever is possible to reduce speed limits on both major state highways intersecting the City. 2. Posting large signs warning motorists of bike and pedestrian traffic at bikeway intersections. 3. Increasing the time allawed to cross on green lights. 4. Consider building walkways across some of the more dangerous intersections as some other cities have cbrie. Mr. Saba stated he hoped young Peter Collins had not died in vair, and that through his c3eath the Gity might be made safe for the rest of their young people. He stated this matter needs and 3eserves top priority! Mr. Qureshi, City Manager, stated he fully agreed with the cosranents made by Mr. Saba. He stated the City is in oonstant contact and are consistently requesting the same things frcan the County and State Highway Departments. They have recentl.y requested that the County make more studies on the county roads. The City se�ns to have more irifluence on the County, but the State has oertain standards and criteria and the City's requests have fallen on deaf ears. Mr. Qureshi stated the City has requested that the State marlc crosswalks on all the highways. �riat was a snall step, but a step in the right direction. At least it qives the motorists the impression that these highways are being used for pedestrian and bike traffic. Mr. Qureshi stated the City has requested some special signage, even offerinq to �y the cost in c�ertain areas, but there has been no response to this request. Mr. Flora, Public Works Director, stated there has been no response on signs, but the State has started putting in the crosswalks at Mississippi and Rice Creek Road at Highway 65. He started requesting the crosswal ks as early as last April. Z+o date, the State had only g�inted the crosswalk at -2- �� . 4��M �. �. �!1/?+4�=_ � • ; . Mississippi and Highway 47, but now have started on Mississippi and Rice Creek Road at Highway 65. Mr. Flora stated that as far as sic�age, 1�DOT does not believe in signs, because it has been praven that sic�s are not very effective as a�means of deterring accidents or slowing down traffic. �he City has asked for signs but has not rec�ived a positive response. Mr. Qureshi stated he would request that ooncerned citizens write the State Highway Department expressing these concerns. They should contact Dick Braun, State Transportation Caranission, Transportation Building, St. Paul 55101. If the citizens would help by contacting the State Highway Department, it might give the Gity the help it needs. Air. Saba stated there was one very important oonsideration that might help change the minds of the State, and that was that the City of Fridley now has one school oentrally loced between Highways 47 and 65. Children living east of Highway 65 who stay after school for activities often have no way of getting home except to walk unless a parent picks them up. Motorists travel.ing at 55 mph are �t even thinking of looking for rhildren crossing. �his is a major situation that has to be rectified. Mr Qureshi stated the Ctiy wants the speed limit as law as possible to make it safe for all cross traffic. T'he state wants to mave the traffic as fast as possible. A citizen in the audienoe asked if Mr. Qureshi was saying it was hopeless to request a lawer speed limit. Would a personal appeal fram the citizens have ariy effect on this request? Mr. Qureshi stated the City alone has not been able to affect the State with what they want, and maybe they need some help f rom the citizens of the oo�nmunity. The City is doing everything it reasonably can at the city 1eve1. The basic things the City wants are better signage, better crosswalks, and a laaer speed limit. Mr. Saba stated that in view of what has been said at this meeting, he would like to ask every citizen of the city, every person who cares about the safety of their youth, to write the State Highway Department, the state legislature, anyone they feel will help rectify this problem. He even appeals to the city schools to help, through petitions or whatever method that was best. He thought the citizens naw have to get involved. A citizen in the audience stated that if the City wants the citizens to help, it might be helpful to include a suggested form letter along with na�nes and addresses in the city newsletter that would aid the citizens in writing letters. Mayor Nee stated letters fron citizens are more effective when they are written f ram the heart. However, the City �uld state problen and give the names and addresses of where they oould write. r�mr.TC' tiFARTirR; -3- ��.J�. � 4��+3��. �� .��v�-_.� 1. PU$LTG H�nRT� � RF,ZONT REpUEST, ZOA #84-04. TO REZONE FROr� M-1 TO C-Rl AL�L,OW A PI�FESSI BUILDTNC, AT 6095 EASr • RQAD, LARRY PERLIQ{: 1�DTTOr1 by Councilman Fitzpatrick to waive the reading of the gublic hearing notioe and open the public hearing. Sevoryded by Oouncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing oper�ed at 7:50 p.m. Mr. Flora stated the property was located on the southeast corner of 61st Way and East River Road. The property was currently zoned N�1 (light industrial) and was located across the street f rom the single residential property which has been rezoned reoent.ly to i�-3 for Loft Hanes. Mr. Flora stated the prop�sal was to utilize the oorner lot to construct a professional offioe-type building by Qonununications and Special Software. Zlze lot size was slightly over one acre and the building will be about 6,723 sq. ft. on two floors which is well under the building limit for tha�t size property. Mr. Flora stated the rezoning wi11 allaw a buffer between the residential property to the north and develognent of the industrial property to the south. Mr. Flora stated the Planning Can�nission did reco�unend appraval of rezoning request ZQA #84-04, with four stipulations: 1. The petitioner pravide a survey of the property. 2. Z'here be a 15 ft. bikeway/walkway easement along the northern portion of the property. 3. An apprwed drainage plan. 4. An apprwed landscape plan. 'Tl�ere were no oomQnents fran peogle in the audience. IK�TION by Coimcilman Fitz�trick to close the public hearing. Seconded by Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:58 p.m. 2, p�TRT,T� gFA.RTNG ON VACATION REOUESTt SAV #84-03, TO VACATE PART OF 73RD A�� MINCO PFt�IJC`TS . KAl2L SCHCTRR • M7PION by douncilman Haanernik to waive the reading of the publ ic hearing notioe and open the public hearing. Seoonded by Councilman Schrieicier. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously anc7 the public hearing opened at 8:00 p.m. Mr. Flora stated this request was to vacate the portion of 73rd located between Ca�sneroe Circle West and Burlington Northern railroad tracks on 73rd. This adjoins the property which is awned on both sides by Minco. Zhe -4- �� 1�. ��a��IM��. �, �!.1a�4�: a�; ' ; . item was brought before the Planning Commission on October 26 who recommended approval of the vacation request with the following stipulations: 1. Existing utility easements which presently transect 73rd Avenue are n�t to be vacated. 2. Prwide a 5 ft. utility easement along the north of 73rd Avenc�e right of way for buried NSP line. 3. Pravide a 15 ft. utility easenent along the south of 73rd Avenue for buried Minnegasco line. �ere were no c�unents f rom people in the audienoe. NDTION by Co�mcilman Hamernik .to close the public 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 $ : 08 p. m. {�� _e_� ,. �i\ Li i �d f_�� . _i ; �' �' �� 4e �_ e �� i _i � \ i,�� :�_* .� _ � � ; !?!�l _ 4t�i : ,._4*� 7.-- �� M�TION by Qouncilman Schneider to waive the reading of the public hearing notioe and open the public hearing. Seconded by Co�cilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the pubZic hearing opened at 8:Q9 p.m. Mr. Flora stated this was a request to vacate a portion of the existing utility easement running behind the lots from Benjamin through the develognent. �e petitioners constructed a swimmi.ng pool and because af the lay of the land, they had to do some retaining wall construction which encroached into the exisitng easement. He stated that the P1 anning Can�¢nission reconunended approval with the stipulation that a 2 ft, utility easement be maintained for Storer Cable. 'I#�ere were no ca�rnnents f rom peogle in the audience. M7I�ION by G�uncilman Schneider to close the public hearing. Seconded by �uncilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:13 p.m. :�: �_:� � •� t: •� �_ • ; � i� i * • s : �+��+N i! �� _�L_� r� � «, :;,��, M�TION by Councilman HaHnernik to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitz patrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:14 p.m. Mr. Flora stated this was a request the City has received f ran Target, O�rp. Target currently owns the parcel of property to the east of Able Street and � ��.J�. ,�ia�?�y�!�. �. �!��i: �; is aonsidering purchasing the large �rcel of property to the west of Able Street. In so daing, they are interested in knawing if they are required to lceep the street as a boundary, or if they can, in effect, incorporate that street into their developnent. Therefore, they have requested the City oonsider the vacation of Able Street between 73rd and the railroad tracics by Locke Park. Mr. Flora stated the Planning Cananission was concerned about an alternate acoess frcm 73rd Avenue to Locke Park for use of those facilities by the residents of rSelody Man�r. �erefore, the Planning Canmission recommended to the City Cfluncil appraval, in principle, with the stipulation that before the vacation actually oaYanenoes, there be an approved, improved access to Locke Park. Mr. Flora stated they have talked to the Target Corporation and based upon the ultimate use of the property, there could be an easement or road prwided along the boundary line, but this depends on haw the property is to be used. Mayor Nee stated the peogle in the auclience might be interested to knaw that this would be taking out most of the land that is naw in the inventory for the hazardous waste treatment facility. 5taff Yias worked for about a year to get that land a�unitted to a more acoeptable use, and Target indicated an interest in dping that. A citizen in the audience stated he was interested in this item because he lived on Van Buren Street. He asked if Target did expand their warehouse, haw did they prop�se to get all their trucks in and out of the area? Mr. Dick Brooks, Regional �eal. Estate Manager for Target, stated they have rx�t oompleted their glans for expansion of the distribution oenter, but they have entered into an agreenent to purchase the property. As far as haw they would handle the trucks, they will probably handle then in a simil ar manner to what they are doing today, which is along 73rd Avenue on the f rontage road. He was not able to comment fully because they have not completed their glans. A citizen in the audienoe asked if the Ci.ty required landscaping al ong 73rd Avenue to screen the c3evelopnent fran Melody Manpr. Mr. Qureshi stated they have a standard that greenery has to be maintained along 73rd. Zlzere has to be a reasonable separation between the developnent and the residerits. Mr. Qureshi stated that, as Mayor Nee had pointed out, 80 acr es al ong 73rd Avenue have been desic�ated by the Hazardous Waste Board for a preferred hazardous waste site. �he C�ty has been aggressively pursuing to get this land put to a better use. Luckily for the City, Target decided to expand in the �¢n�ity. �hey feel Target has been a good coaperative citizen of the oo�rmwuty. The City has a good working relationship with then, and they are sure Target will do everything reasonable to protect the adjoining neighborhood by preserving same type af green strip that already exists, or, � �� . 4��. �� 1_ MIC �I� if it does not exist, adding to it for an adequate buffer. A citizen in the audience stated that this stm�mer there was a proposal to expand 73rd to make it four lanes all the way frcm High�way 65 to Highway 47 to o�ntinue the bike path and maybe do sanething with the f rontage road and the buffer strip. Was that proposal going to oorne up again r�aw that Target mic�t expand? Mayor Nee stated this did not relate to Target. The proposal was for curbing on the south and f inal surf ace mat because the road was never finished. At the time, the talk was why build a 9 ton road when there are rb 9 ton vehicles using it. Because the curb was not put in on the south and the mat was not put on, the street is unravel ing and is starting to beoame a ma.intenanoe problen. �he City Council decided not to deal with it because of the neighborhood opposition. He clid not knaa if it was oonnected to this question. Whether that proposal comes up again in the f uture w ill depend on the develognent along this sec�nent. Mr. Qureshi stated that if ar►y upgrading of the road is cbne, the cost will be borne by the property to the south. It would not have ariy cost effect on the property to the north. Mayor Nee stated he had good feelings about Target. Target has been a good citizen in the community. When Target expressed an interest in this property, he saw it as an answer to a constructive use for that property, oang�red to what the alternatives were. NnTION by Co�cilman Barnette to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:30 p.m. OLD BUSIlVESS • 5. QOIJS��RATTON OF SEOONI� READING OF AN ORDINANCE FOR REZONING REOUEST. ZOA ,�$4-03 . GGDFATHER' S PIZZA, 5151 (:ENi'RAL AVENIJE NE. BY R��PH ALL�EN: Mr. Flora stated this was the seoond reading of the ordinance to rezone that portion of property that is currently being utilized by Great American Music at the oorner af 52nd and Central Avenue. Godfather's Pizza desires to construct a restaurant in the r�orthern p�rtion of the building; theref ore, requiring a rezoning f ran C-1 to C-2. He stated there has been a publ ic hearing and f irst reading of the Ordinanoe. M�TION by Gouncilman Hanernik to waive the second reading of the ordinance for rezoning request, ZQA #84-03, and adopt it on the second reading and order publication. Seoonded by douncilman Fitz�trick. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanilr�owsly. 6. DOI�S��Rn't'TOIV OF �'QOhJ RF.ADING OF AN ORDINAN(� REOODIFYING ZiiE FRIDLEY CITY �E BY A.�PTTNG A NEW CHAPTER 126 ENTITLED• "HOUSES OF PROSTITUTION: PUBLIC NUIS�K�" . -7- �� 1 yl�l��,. � , ��yl: �1� Mayor Nee stated Pastor Gene Hermeier, RedEener Lutheran Church, had asked to speak to the C:ity �uncil on this particular it�n. Pastor Hermeier stated he was speaking more as a concerned citizen in the oarenunity rather than a rel igious leader in the community. He was very ooncerned, as he believed the Councilmembers were also, about the whole business of the attitude taaard laaa. That was his reason for addressing the City �uncil and he hoped the City �uncil understood his public support of the leac3ership of the polioe and city goverrment. Pastor Hermeier stated he was very frustrated at this point, especially regarding the role of Health Qub #1. His concern was basically that the word they hear day after day frori the citizens of Fridley is that the law is there and everyone knaws the laaa is being violated, but somehaa they are frustrated about why more cannot be done about it in order to make it possible to live in their society in peaoe and decency. Pastor Hermeier stated his oonoern was not just as a moral religious leader, but what can they do more fro�n a legal angle--how can they unleash the polioe more, or haw can they get at this thing when they all know what the Health C1ub #1 is? As peogle af the religious community, they will stay with it and continue to picket, but haw can the law samehaw be given teeth in this whole matter? That was his frustration. Pastor Hermeier stated he was also ooncerned as a pastor af a cangregation. Their people honestly try to raise their children to be good, moral, clean-living citizens of the oammunity. But, if they see some group that se�s to be able to spurn the law and get by with it aver and over again, it is samething that rejects all that they are being taught. It is a real serious matter, and that is why they are on the picket l ine. Pastor Hermeier stated other churches are becoming invol��ea in this issue also, and they are in it for the long pull. Mr. Jim Hill, Public Safety Director, stated it was encouraging to realize there were peogle, other than the pol ice, who were f rustrated oyer this particular problen. He stated he felt the police departrnent has been doing all they can legitimately legally do for the past three years to bring this establishment into legal control of city ordinances and state statutes. Mr. Hill stated this was not the only establishment they have had in the City, but they have been successf ul, to the best of his knowledge, in closing all of these down except f or the particular establishment in question. Zhe City had established a suana ordinanoe that has been rather effective against� most glaoes except this one. They are oonstant].y battling and oonstantly putting under-cover offioers into the establishment. They have maae 12 arrests as of this date, and they will ooritinue this effort. Mr. Hill stated that as a result of a meeting that morning with Pastor Hermeier and some individuals of his congregation, they have requested the Health Inspector to visit the establishQnent, as they understand there has been a new addition to it that may well be abolished in some other city � �� . �i�+�+ rs. � �.�.t?�„i: a+; ordinanoes. They have also instructed the City Attorney to do some additional research based on scme other information pravided to the City at that meeting on the oontrols of the establist�anent. Mr. Hill stated this was the seoond reading of the ordinance. The f irst reading was held on October 1, 1984. From there it went to Planning Cc[�nission on October 17. Zt�e Planning Cwranission unanimously approved the doc�unent as amended after the first reading. He stated they feel this ordinance is basically the additional approach to their ultimate solution to aorrect this situation. Mr. Hill stated that they are currently operating under a 1905 state statute on public nuisances. They intend to continue in that mode. The County Attorney's offioe has indicated their 000peration and assistance in this. Hawever, the O�unty Attorney, as well as the City Attorney' s of f ice, has also reccRUnended they adopt this additional chapter as additional grounds for prooeeding to attempt to correct the situation. Mr. Hill stated he would reoon�nend the City Council consider favorable action on this ordinanoe at this meeting. Mr. Herrick, City Attorney stated he could understand the frustrations being expressed. S�eaking f rom a philosophical standpoint as f ar as the law is conoerned, there is an old saying that "the wheels of j ustice grind slow. " This is often true, but he thought in their legal system that has developed in the United States, over a long period of time, they have developed a legal prooedure that is desic�ed to oonvict the guilty, but also protect the innooent, and sametimes in establishing those rules and procedures, the guilty people are able to take advantage of the rules. Fran his standpoint, he thought these rules are necessary and even though it takes longer to ac�nplish sanething, there are reasons for those rules. Nlr. Herrick stated that, as Mr. Hill said, the Fridley Police Department and the City Attorney' s of f ice, the City Prosecutor, and more recently the County Attorney's office, are working on this problan. He believed Fridley was the first c�ununity in Minnesota to adopt an ordinance such as this. Hopefully, it will be helpful in achieving the goal they are seeking. �ere are soqne benefits and some drawbacks to being a pioneer in this kind of field. �e benefits, of course, are that if it is found to be a valid ordirtiance and if the city and the o�unty can pravide what is requi red to be prwen under this ordinanoe, hopefuZly they can get rid of the problen. The disadvantage is that the ordinanoe is new and has not been tested so they are not able to point to a specif ic court decision that uphol ds this ordinance. They will probably have to c� through the prooedure to cietermine whether the ordinance can stand up in caurt. In their ongoing cases, there have been arrests, and he believed one or more af those cases are presently pencling in the judicial oourt system that have not been resolved. They are hoping to get the neoessary evidenoe and neoessary convictions in order to put this ordinanoe to the test to see whether it will succeed and they can get an injunction to prohibit the operation of the business. Mayor Nee stated people keep asking him if there is all that crime, why can't the establishment be shut down? � � �1. M��. �1 ,�� _ 41: �i� Mr. Herrick stated there was a question as to whether there was "all that crime." They knc�w there have been crimes aommitted, because there have been cbnvictions--convictions for prostitution. In those cases where there have been oonvictions, there have been sentenoes �mder the statutes or ordinanoes used in the cases, and the penalties have been g�id. The diff iculty cone s in o�nvincing the wurts that this is an ongoing situation and, therefore, they ought to close the supposed health club because of the o�nvictions that have been obtained. One ch the difficulties is to obtain the proof that is required, because whatever is going on is going on behind closed doors, and it is not easy to obtain the proof. Pastor Hermeier stated their children might be old by the time this ordinanoe is able to be er�foroed. Was there anything else that could be cbrye? Mr. Herrick stated they are prooeeding with the cases they have under the existing statute. As far as this particular ordinance is concerned, there will have to be three oonvictions acoording to the terms of the ordinance before the ordinance can be invoked. Qouncilman Barnette stated he saw this as a dollars and cents situation. 'i'he people who own the business have invested a great deal of money into the building and the business. By people picketing the busine ss, there was no question but that it wi11 drive away business. 7f, in fact, they drive away ervough business and it becanes an unprof itable operation, the owners may close the business. That could take some time, too, but he felt Pastor Hermeier and his oongregation and other churches are doing a real serv ice to the comununity. He stated it is going to take time, and it is f rustrating for all of then. The O�uncil menbers are symgathetic to this concern and they were very appreciative to what Redeemer Lutheran Church and other churches are doing. It is going to take a tremendous community effort to make that business a losing business, dollar-wise, and to get it closed down. A citizen in the audience asked if there was any reason why they have to let the business renain open 24 hours. Mr. Herrick stated they did not have any authority to control the hours. 7�ere are oertain businesses the state prescribes the hours for, but he did not knaw of any rules where a health club ooulc�'t be open 24 hours a day. A citizen in the audience stated that when the ordinance does go into effect, haw soon will the three arrests be made? Haa much initiative is the City going to take? Mr. Hill stated they will make every effort to acquire the arrests as reasonably soon as possible. �he oonvictions, of oourse, are ar�ather issue as they go through the oourt system. Mr. Qureshi stated he would like to recap what the Caty has been doing the last f�a years. 'I'hey actually have a four-pronged approach. Originally, they had a zoning and health ordinanoe that had some affect. Zhen the City -10- �� a�. 4��+��. !. �.��+„�: �+; L•Ii� �uncil acbpted a massage ordinance to vontrol thi.s kind of operation. 'Ihat had sane additional affect. l�cently, the State Public Nuisance statute further aided what they already had on the books. �e fourth thing they are doing is the "Houses of Prostitution: Public Nuisanoe" ordinance they are adopting now. He stated no other city in the state has adopted this orclinanoe so they are "plawing new ground". �ere is going to be a sizable cost burden to the community to get this ordinance tested through the aourts. He stated the picketing by the citizens actually makes this a 5-pronged approach and gives the city further help in getting this operation closed down. Zhe City has already el iminated a number of these kinds of businesses. Once they have el iminated this business, with all the ordinanoes, hopef ully, it will give the city enaugh resouroes to discourage anyone else f ram maving into this �ununity. N1�TION by CAUncilman Hanernik to waive the second reading of the New CY�apter 126 entitled "Houses of Prostitution: Public Nuisanc�e" and adopt it on the secand reading and order publication. Seoonded by Oouncilman Fitzpatrick. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanirnously. ��► ��-�: �t �� • • ; {?+;v • ; :. . �� : ,�. _�_ � � � � ��. .� �, : ��,�►�?!� �+�.«_ �� : : � � _ : � � ��_.; .! � � = ': � � * • k� u : :�� _:�;��+�_�_ :��`�� v�: �,� • :- Mr. F1ora stated this itesn deals with the property on the southwest corner of Fainnont and East River Road. It is proposea to o�nvert the old service station into a convenience store with gasoline pumps. The Planning Caranission recommended appraval with eight stipulations. He outlined these stipulations. Mr. Flora stated the petitioners have obtained a landscape plan which will oover the area. �hey have agreed to pravide a 17 ft. easement along East River Road, to relocate the entrance on Fairmont further to the west, to imprwe the exterior of the building, and to satisfy all the stipulations reaxtunencied tr� the Planning Canunission. He stated the Councilman f rom the ward did not object to bringing this request back to the City CA�ancil since the petitioners were interested in starting construction this year. That was the reason it was put on the agenda for �nsideration at this meeting. Ms. Pat Holoa�cib stated she and her partner, Bernadette Benson, were with Midwest Super Stop. In talking with Mr. Flora, they came to a decision on most of the landscaping, the mwenent of driveways, and all the stipulations reancunended by the Planning Catunission. 72�ey wish to re-enphasize that they will be opening a fa�nily store. There was some discussion earlier about children being allawed to loiter at the store. She stated they do not see the loitering of ariyone as oonducive to their business and would not allow it. 'I�ey wish to run a fariily store that will service the community, a glaoe where children and fa�►ilies can oome without any fear o� any problens. Councilman Fitzpatrick stated he has had sane great reservations about the traftic problen here; hawever, he did not intend to substitute his judgement for the unanimous recommendation of the Planning Commission, and -11- �� 1�. 4��!�_ ��. �� ./�+,�ic a+; '�� reoatnnendation of Staff, and perhaps same of his fellaw oouncilmen. I�K?TION by CAUncilman Fitzpatrick to wncur with the recommendation of the Planning Conunission to grant special use permit request, SP �89-16, to allaw gasoline servioe along with a oonvenience store at 8100 East River Road by Aatricia Hol�nb and Bernadette Benson, with the follawing stipulations: 1. Applicant to work with the City on f inal ization and approval of landscape/site glan 2. Test and/or replace all underground tanks 3. Prwide interior ooncrete curbing 4. Extend fence along residential area on the south to east property line (to be 4 ft. high in front yard; 6 ft. in other yards) 5. Pravide a 17 ft. road easement along East River Road for possible use by the County 6. Stripe �rking lot 7. Prwide a$5,000 performance bond prior to issuance of building permit 8. E7�gineering staff to look at the ingress and egress of the property for reconunendations on traffic flaw 9. Refurbish facade as per plan Seconded tr� O�uncilman Schneider. Mr. Mome Carpenter, 8131 Fairmont Circle, stated he had no problen with the special use permit, but he did want to express a oonoern about the area just n�rth of this location at which there is a grocery store and laundromat. �e access to East River Road f ran their parking lots is aompletely open for a full block. He has lived here for 10 years and has seen numerous accidents along there. He wondered if the City Council would consider including that issue in their oonsideration of a traffic study. Mayor Nee stated the Staff has been working on that along with Anoka �unty. �'he Co�cil was aware of that problgn. �uncilman Fitzpatrick had been very ooncerned about the traffic problens. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. g, (7'N�1S'fnFRATT(�N (�F tcm �pr.rm tzFrx��, L S #84-09. FOR A NF�n1 BCITI�TNG SITE AT 60Q5 EASr RIVER RUAD BY BURL NOR'I'�iERN RAILROAD�TABI�D 10/15/84� : Mr. Flora stated this �xirticular item was the lot spl it of the northerly p�rtion of the property on the south of 61st Way bounded by Burlington Northern railroad tracks and East River Rpad. '�ie proposal is to construct -12- �� a�. Mi�!� r�. �, �.�.�a+„i: a+; a professional building in the rezoned portion of the Zot. The Planning Coaunission did reooa�snend to City O��cil approval of the lot spl it of the northerly 155 ft. of Lot 9, with the stipulation that the lot split be recorded with the County prior to issuanoe o� the building permit. He would add another stipulation of the gayment of a�rk fee of $1,001.88. Mr. Flora stated the first reading of the rezoning is on the agenda also. Zhe petitioner has requested early notioe by the City O�uncil so he can get same concrete work in for the developnent prior to winter. NDTTON by Gouncilman Fitzgatrick to ooncur with the recommendation of the Planning Cornnission and grant lot split request, L. S. #84-09, for a new building site at 6095 East River Raad by Burlington Northern Railroad, with the follaaing stipulations: 1. 'The lot split be reoorded with the �unty prior to issuance of the building permit. 2. Payment af a�rk fee of $1,001.88 Seconded by Qouncilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee c3eclared the motion carried unanimously. � � �i+ � � _ � e �t, � : � �� ' J) �,�_ �� `.� 4 M� \ � . � .� � H \ � �i� 4 4 � \ i _ : � 1 I� M�TION by Councilman Hamernik to nominate Clarence (Gene) Rezac to the Go�nmunity Developnent Caranission as recoiranended by the Fridley Chamber of Catunerce. Seconded by Qouncilman Fitzpatrick. M�TION by Councilman Barnette that the naminations be closed. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, tiayor Nee declared the motion carried unanimously. M�TION by aouncilman Barnette to cast a unanimous ballot for Qarenoe (Gene) Rezac to the Community Developnent Commission. Seconded by Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1�gW BUSINFSS : � �� ._ �.� • �� _�� . • :� •�� _�,« s� �. •�� _+ � � �._� ►. _ �� . � �4� 4 �! u u ,� � �� _ !. � �L� _ ��► : � . • i. � _�_i� i+�--+ L�.� :_�_i �—� «' Mayor Nee stated a public hearing was held at this meeting, and there were rb obj ections. Mr. Flora stated that because the petitioner is interested in oonstructing a building on the lot split, rezoned parcel from r'rl to C-Rl, the first reading of the ordinanoe to rezone that portion Nrl to C-R1 has been added in order to allaw him to pregare to do ooncrete work before winter. Qi�� J��! . ��--��. �. �!�/�+,�i: �+; Oouncilman Fitz�trick stated he thought this was a compatible use of the area they have just dealt with inunediately to the north. MDTION by CAUncilman Fitz�trick to waive the first reading and approve the ordinanoe upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. �e Council menbers all agreed that they had no problen with prooeeding with the second reading. �ey felt it was a great use for the property. ��\ ��_.fi �t+ � f� �_i� +. � i, �� i «_ �i i. �. �i� � i� 1 � �� _� �� _?i� �� Mr. Flora stated this it�n was put on the agenda to oonf irm to Target that the Ci.ty Cfluncil would be interested in vacating the street if Target was to continue in their riegotiations to purchase the property west of the existing Able St. rSr. Flora stated the Qounty, in its overall glans for Locke Park, has been interested in vonstructing a new boulevard driveway from the city garage, underneath the pawer lines, all the way back to the existing parking lot. 7he County cbes not feel there is a need for access f rom 73rd since they will be providing one in the near future. The City is concerned about prwiding some access f rcxn the Melody Marrar neighborhood to the park. Mr. Flora stated Target has shaan the City at least one proposal, and based on the final glan, they can look at where a road could be or should be built and discuss at that time the oosts associated with the relocation of the road, and a right of way, so it will provide a service for the community across the street and an access to the park and still a11ow Target to utilize the property they will be owning. Mr. Qureshi stated that if this vacation is needed for Target' s expansion, the City will get def initive access f rcm 73rd to the park property so�newhere through Target's property. The level of that access depends upon the County' s plans for acoess f ran west to east �rking lot. The County might want a vehicular traffic access fram 73rd to the park, or they might want more of a pedestrian or bike approach and vehicular traff ic oome through the west p�rking lot. M�TTON by Councilman Hanernik to waive the reading and apprave the ordinanoe upon the first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi stated the City's next step is to enter into an agreement with Target that would somehow bind Target and the City to pravide an access between 73rd Ave. and Locke Park, and that Target provide the City with a oocnp�rable access. ' M � 4z ' 4 � �, !�,�t�� • � v! ,. • � 4 _ ' � ' �_- --- �r -_►. —r._ u �t �. -14- �� a�. v� .�y s. �� !�/�+yi: a�; 12A. CONSIDERATION OF REOUEST FOR SPECIAL USE PERMIT. SP #84-19, TO ALLOW AnTACg��!' I.L3 PROPERTY TO BE USED FOR PARKING LOT FOR A BUSII��SS IN r�!-1 �ONTNG. 719� HTGHWAY 65 NE. RL� MANLIFAC7iJ�tING• Mr. Flora stated this paroel. of property is located on th� south of 72nd and just east of Highway 65. It is currently owned by Rurt Manufacturing and has two zones--light industrial zone on the f ront half and 1�-3 zone on the back half. Mr. Flora stated Rurt Manufacturing is in the process of upgrading their building; and are looking at canverting a portion of the property to the rear for �rking with a special use pern�it. Mr. Flora stated the Planning Catunission had some discussion on not only the redevelopnent and the use of the special use permit, but also on some parking located in front of the building. The Planning Commission reoocrunended that the nunber af p�rking stalls in f ront be reduoed f rcm 10 to 7 with sorie additional landscaping in order to pravide some aesthetics off Hic�hway 65. 24-►e Planning C.ananission reoatanended to C�ty �uncil approval of SP #84-19 with seven stipulations. Mr. Louis Rosberg, representing Kurt Manuf acturing, stated the parking spaces were discussed at the Planning Commission meeting, anc� he was agreeable to the 7 parking s�ces. M�TION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP �84-19, with the follawing stipulations: 1. An acoeptable landscape plan which will screen the hard surfaoe areas 2. Six ft. and eight ft. solid wood fencing in front of the loading dock and around outside storage area on the east sic3e o� the building 3. Six-inch ooncrete curbing as per code 4. Appraval of southerly curb location contingent upon variancce appraval 5. Special use percnit is oontingerit upon the City receiving a$10,000 performanoe bond 6. All imprwanents to be canpleted by June 1, 1985 7. �e existing parking spaces in f ront of the building be reduced f ran 10 to 7 and these areas be landscaped. Seoonded tr� Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12g� mi,7crY�nnmi�� OF RD()UEST FOR SPECIAL USE PERMIT. SP #84-20� TO ALLOW THE (�`�jj`n1ATTQj` OF A Ae"`). BTIy H0�3� �n� L_[)'�' Am �625 VIRON ROAD N E., TWIN CITY -15- •� M/ �1 1 • • � : �' HOI�'Il�� D/R/A NnBILE H� USA. R11I�IDY HUDAit Mr. Flora stated the Planning Canmission recommended to the City Council appraval of this special use permit with nine stipulations. A�DTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-20, with the follaaing stipulations: 1. Qean up the rear yard. �is includes renaving debris from mobile hcmes, several clilapidated storage sheds, and junked trailers. 2. Rep�ir and maintain the gate on the screening fence surrounding ref use oontainer 3. File a drainage easesnent with the C�ounty and the City 4. Submit a landscape plan. This plan should include additional screening along the r�rthwest and southwest oorners of the property. 5. Existing sign must be brought into compliance or a variance apprwed for excess square footage. 6. Setback trailers a mi.nimun af 35 ft. fram right of way 7. S�ecial use permit appraval oontingent upon petitioner suLYnitting a $5,000 perfonnance bond 8. All impravenents to be completed by November 30, 1984, with the exception of landscaping to be csoanpleted by June 1, 1985. 9. Special use pennit to be revieaed at the f irst Planning Commission meeting in June 1985. Seoonded tr� Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously. 12C. �SmFRATrcx� OF A REOUEST FOR SPECIAL USE PERMIT. SP #84-21� Tp ALL(7W A DTFF�RF'►�'r QONA�IAL USE IN r-1 ZONIIV� AT 5915 3RD STREET N.E , FOR WERNII2' S FI�RNT�t� S•�C� BY VTRGIL G._ WERNFrR: Mr. Flora stated this was a special use permit for the Hyde Park S-1 zone. �ere were 3 lots which have been used in the g�st for a golf cart sales and re�ir operation. An 5-1 zorye allaws this facility to be used for the same type of operation with a special use permit. Mr. Werner is requesting to locate his wood furniture regair shop, on the property. Mr. Flora stated they have discussed the improvement of that parcel to include landscaping along 59th and 3rd Street and access and 3 parking s�xces for his business with the future requirenent of 2 additional spaces if required. Based on the square footage, city oode requires a total of 5 spaoes. Mr. Werner has stated he only neects 3 s�ces; therefore, they have -16- �� . M��. �\. �I � �J��VI' �li �l•3:# allawed him 3 spaces with the requirene.nt that he put in the additional 2 spaces if required. Mr. Flora stated the Planning Commission recommended to City Council a�rwal of the special use permit with 8 stipulations: MpTION by Councilman Fitzpatrick to o�ncur with the recommendation of the Planning Commission and grant special use permit, SP #84-21, with the follawing stipulations: 1. Renave the existing fenae and berm the property 2. Pravide �ved driveway and three �rking stalls as per 2anended plan 3. Prwide concrete curbing around parking lot and driveway within 3 years 4. Landscape lot as per glan to include seeding of lot 5. Paint building 6. Prwic3e a$5,000 performanoe bond 7. All work, except curbing, to be camgleted by June 1, 1985 8. S�ecial use petmit to be issued to Werner's Furni�ure only and to be revi�aed in 3 years or change in awnership, whichever oosnes f irst. Seo�nded by Councilman HaQnernik. Upon a voice vote, all voting aye, Mayor Nee c3eclared the motion carried unanimously. 1�� rr�m c�r Tm ��r�c,m, ��g4-11, OPF TWO PARCELS 'I'9 N1AKE CITY RECORDS AGREE W T'i4-i AN(_)_K_A c7�t�i�v REapRDS BY A. G. ASLEFORD : Mr. Flora stated the property was spl it by the County, and now that they have been able to discuss this with the property aaner, they have asked him to su�mit a formal lot split request to the City to split off the 80 ft. to the rx>rth and add it to this parcel. 7he planning Commission recommended apprwal of the lot sglit subject to the eas�c►ents of record. He would add the payment of �rk fee af $1,104. N1�TION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant lot split request, LS #84-11, with the following stipulations: 1. Subject to easenerits of record 2. Payment of park fee of $1,104 Seconded by oouncilman Barnette. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. -17- � 1�. �i�+?��M �. �i � �i��,�i: �+; PDTION by Co�cilman Fitzpatrick to receive the minutes of the Planning Catunission meeting of Oct. 17, 1984. Seconded by Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��\ �� _.�:_ �, � : � �.�. �_� �� /� � _: �. _ �� i � y• � � s � � � � �� ,.�4�. � ��\ � � �1� ��\ i_ 1 1 ��i4�V�. � e_\ � M � �� ' � � � _ :. . �,t �C � ��rv : ' a � �r �l 1�4_ • ' � Mr. Flora stated this result deals with the Minco property located on the rbrthwest oorner of �nerce Lane and 73rd. Z'he request if for a variance of a sideyard setback f rcxn 20 ft. to 10 ft. Currently, they have storage on the outside af the building; but a reoent N�C� ruling requires that various hazardous waste be stored under a covered structure. Therefore, the hardship is that Minco is required to have better storage area for norrflatunable chenical waste to acctunulate prior to haulaway and that the building would be attached and compatible with the existing structure. The addition is proposed to be loca�ed where they currently have the outdoor storage and where they will also install same noisy air compressors. This would leave the setback between structures and the property line of 10 ft. , but there is about 100 ft. between this location and the next structure. Mr. Flora stated the Fire Dept. has no problem with this facility being located here. In addition, Minoo glans on expanding their building to the west and, allowing the hazardous waste to be s�tored in this structure, allow then to prooess through the glant and also for truck access for hauling it away. If they had to relocate somewhere else, it would create a hardship for manufacturing space and employee parking. T'he Appeals Commission re�►cr►ended apprwal of this variance request. M7I'ION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance. Seconded by Councilman Fitzp�trick. Upon a voi,ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. . «_ �� . 4�. u �l 1�4_ � �. ..�► � � � _� � •!1�t� . .� ��. u�— �. • ��i� �� •�, MJTION by Councilman Schneider to reoeive the October 18, 1984 CA�V Advisory C�atunission minutes. Sevor�ded tr� Go�cilman Batnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1�L�. �, _�! _ •L� i - �LL• • f _, t _ �r ! i1 �l.! ! � •�1�Si .. _ �� _t. • • � � �� f i� _ � � � ._'li� _ M i � �� 1�.� � �_ . i f �t� �. � Mr. Flora stated representatives f rom Hickok & Assoc. have met with M.ax Saliterman and the City assisted in drawing up the agreesnent to allow the storage aF dredge material for the Moore Lake project on Saliterman property if it is required for the Phase II impravenerits. " Staff would reoommend the Gity Council execute this agreenent so if they need a storage area for this material, they have a place to put it. �� . ��+�+�rr�. �. �!.��:_�+� ' Z1 Mr. Peter Willenbring, representing Hickok & Assoc., stated they would be mechanically dredging 2,000 cu. yards of material and permanently disposing of it on Saliterman property. �e material would consist of a couple of feet of organic material fran off the bottan of the lake, and the rest would be granular material. �he arganic material is suitable for top soil and the granular material is suitable for building foundations. M7I*ION by Councilman Schneider to authorize the Mayor and City Manager to enter into an agreement with Max Saliterman for the storage of dredge material for Moore Lake Phase II project. Seconded by oouncilman B arnette. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. . •�. �_;_: •� • ,_ � � ��l� _. �� Y_��! •� M�•C '�� __:�� ; �� ' �._a_ �_ y : Ii � �a��i�� M • : � � � ; u MpTION by Councilman Barnette to receive the bids for rfoore Lake Restoration Project II. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated they did reoeive a total of six bids on the Oct. 25, 1984, for the Moore Lake Phase II project. D. H. Blattner & Sons of St. Paul was the law bidder for every item bid f or a total proj ect cost of $284 .000 . Based upon their �nsultant's reoommendation, Ci.ty Staff would reco�►end the City �uncil award the Moore Lake Restoration project contract to D. H. Blattner & Sons subj ect to the apprwal af the tIPCA and the U. S. EPA. MOTION by Councilman Schneider to award the contract for Moore Lake Restoration Project II to H. B. Blattner & Sons for the bid amount of $284,000. Seoonded b,� O�uncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Willenbring stated that Gouncilman Schneider had mentioned it would be nioe to have �ane additional doc�unentation on the existing water qual ity of t;oore Lake in the �st ten years or so and what they are predicting for impravanents. He handed out this doctunentation to the �uncil manbers. He stated the imprwenents they anticipate were outl ined on the graphs and tables attached to the meno. G�uncilman Schneider stated he would like to state that rs. Wi.11enbring has been extranely i.nformative and help�ul, and he really appreciated that. ��i\. �� _� e . ��+ � � _ « ��+. � �� : \�� .�� \. ��,��' �� ': _� : ,�� M � � .1� :_�I� y V • � � ' � �� • • �I�I�1� �� ' : ' 1 1 � M�TION by Councilman Barnette to reoeive the bids to rep�ir and modify well and P�anp No. 9. Seconc3ed by Qo�mcilman schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that after reviewing the bids received from four well oomg�nies, Layne Minnesota appeared to be the lowest bidder and met the specifications with a total bid of $10,839. He would recommend the City -19- �� a�. � 4i�+��l�. �, �!.��+��-_�: • ; , p�uncil aaaard the oontract to Layne Minnesota. M�TION by Councilman Sduzeider to award the �mract to Layne Minnesotda to repair and modify well and Pimip No. 9 for a total bid cost of $10,839. eeoonded tr� �uncilman Barnette. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��, 1� __�: ��, � � �«_ �� ,. : 1� : �� * �/4_�I� 1+. ��i,�4�: �� i M� ?� � � y� � �1% � � 1\ : /� • • �I�i�l� , �� ' : � 1 1 : V 1�TION by Councilman Barnette to receive the bids for sidewalk snowblower �i.t. Seoonded by ��mcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated they went out for bids on the snowblawer. Zt�ey received 3 bids. Zhe low bid was frar,l Brian Dquignent Co. for a sidewalk snowblower with a 2-stage blaaer vF $29,495. As an optional item, for the trade-in of their existing existing bombadier snowplow, they received f rom Brian Fquignent Co. a bid of $3,000. Mr. Flora stated they have been negotiating with Anoka County for them to purchase the bombadier, and they are interested; therefore, Staff would suggest the City Council delay the decision on the trade-in until they oanplete negotiations with Anoka O�unty. Mr. Flora stated that also with the bid for the snawblower, they identified 10 options for bid. Zhis particular unit has a single dr�n-type snowblower which is very effective in cutting hard oam�cted ioe and snaw. It also has a utility box to carry sand or tools. �erefore, in reviewing the bids and the optional items, it was recommended that the City Council award the oontract to Brian Equipnent Co. and a change order adding the driun-type snawblaaer, and the util ity box f or a total prioe af $35,195 . M7I'ION by Councilman Scfineider to award the bid to Brian Dquipnent Go. for a sidewalk snawblawer unit at the cost of $29,495. Seconded by Councilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declareci the motion carried unanimously. M�TION by CAUncilman Sc�neider to award to Brian �quipnent �. the follawing change order adding a dr�r-type snawblawer for $8,500, a 2-stage blower for a deduction of $3,500, and the addition of a utility box at $700, resulting in a total cost of $35,195. Seoonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrieci unanimously. �_:� .�± �� '�' _ ��'' � _ '-� - • . •� �� • ; �� a� rs� � _� � ��_ ! �.M�?�„� � ��?+�� =��!� i ��__� �� • � u�.�s� � � �! � � Mr. Irman stated this was a final resolution of the second phase south of I-694. 7his is for the second two buildings, 70,000 and 50,000 sq. ft. respectively, 450 jobs estimated, and about $200,000 in additional taxes. MOTION by Councilman Fitzpatrick to adopt resolution No. 125-1984 authorizing the issuance of $6,190,000 City of Fridley Industrial -20- `i� �,. � V�__��\. �i ,�J��4��.�� Develognent Revenue Bonds for the River Road Investors Project. Seo�nded b� Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � _.�• .i�_ �<� �� • ' �' �.1�.4�� _ �,. ��i� � S ��. 4:_ � � • : 4�� .� ' �-�M : 1 : 1 1 � �I� 1 � � �� : � • � � • 1 ;,�� s ' * � �. M\�� . � � 0i, �i�� i� �_ �i\ Mr. Irman stated the first request was on the Hidden Woods Addition. The glat did not arrive at the ��ty in the time which the County requested; therefore, they have to sglit the specials officially. M�TION by Councilman Sc�neider to adopt resolution No. 126-1984 authorizing and directing the sglitting of special assessnents on Parcels 1580, 1800 and 2120 Auditor's Subdivision No. 10, and replatting into Hidden Woods Addition. Seoonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ✓ � _ � ,1� �� .� ' � ' 4_ 1�4 • : 1�, ; �i� � • � �. 4._ ' � • ��.�� * . _ u�� •� '4' :�� ►!� :� � � y�; :� •+ �• �_�!� 's ' : 5� �. �� : ;,��9 .1�1� _.�_: 4 _. � �� 1� • � Mr. Irunan stated this was the plat approved on January 23, 1978. The petitiorier was unable to reoord the glat, he came back to the City Council on May 21, 1979, reveived final apprwal fran the City Council on December 19, 1983, he has finally filed the plat at the County, and this is the action of splitting the special assessments. MOTION by Councilman Fitzpatrick to adopt resolution No. 127-1984 authorizing and directing the sglitting of special assessments on Parcels 1800 and 1805, Auditor's Subdivision No. 23 and replatting into Brottlund Estates Addition. Seoonded by Cbuncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��, �� _�.• �� • �_.4_• �� I,�y1[�� • M�� 4�� I � • �._ •!, �4l �� -_ • � � � � � ��. � zl 4 : � �_ � • « _ •� M�4 _ �1� ' •��yl I�I�i� �1� � . ..��L: MOTION by Councilman Fitzpatrick to reappoint bir. Treuenfels to the �ununity Education Advisory Qouncil. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� _� � �� • • : ��_ �� ui� �. � �� .� �i � •._�+� � M�TION by Councilman Schneider to approve the 1985 Council meeting and holiday schedule. Secflnded by �uncilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 24. Q�� N1�TION by Councilman Barnette to authorize payment of Claims No. 268H01 through 306V05. Seoonded tr� (buncilman Schneicier. Upon a voice vote, all -21- � � 4��M�. �1 \.��yl: �1� ' � voting aye, Mayor Nee declared the motion carried unanimously. �� I�D'I'ION by Cotmcilman Fitzg�trick to apprwe the licenses as sutmitted and as are on file in the Lioense Qerk's office. Seoonded b� do�cilman Hamernik. Up�n a voioe vote, all voting aye, N,ayor Nee declared the motion carried unanimously. 2C. FS'I'TMA'f'F:S• M�TION by Councilman Schneider to apprave the estimates as surmitted: Halvorson Oonstruction Oo. 4229 - 165th Avenue Wycming, NN 55092 I�Sisc. Curb & Gutter & Sidewalk Partial Estimate No. 7 Eugene A. Hickok & Assoc. 545 Indian Mound Wayzata, NN, 55391 Moore Lake Restoration Project II Partial Estimate - September, 1984 H & S Asphal t 17 00 Industry Avenue Anoka, NN 55303 Street Tmpravanent Project ST1984-1&2 Partial Estimate No. 8 rbnette �nstruction Ocmpany 2050 White Bear Avenue St. Paul, NN 55109 Fblioe Garage-Storage Facil ity Partial Estimate No. 4 $ 3,760.86 $ 10,509.82 $ 29,065.95 $ ?4,620.12 Seconded by Oo�cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . � � 1"i-;i�i�ia��A MOTION by Councilman Barnette to adjourn the m eeting. Seco nded by ��cilman Schneider. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously and the regular meeting of the Fridley City �uncil of Navanber 5, 1984 adjourned at 10:45 p.m. -22- �� 1�. ��?��M��. �� .��+�i: a+; Respectf ully sutmitted, Lynne Saba Wi11ia¢n J. Nee Secretary to the City C�ouncil Mayor • .. . -. -23- THE MItJUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 1984 1. �he R,egular meeting of the Fridley City �uncil was called to order at 7:32 p. m. by Mayor Nee. PZ.IDC'�E OF ALI��7GIAN(� • Mayor Nee led the Gouncil and audienoe in the Pledge of Allegiance to the Flag. RULL CAI�I., • MENBERS PRFSII�T: Mayor Nee, O�uncilman Barnette, �uncilman Schneider, �uncilman Hamernik and Councilman Fitzpatrick N�NBERS ABSIIVT: Norye : � � �_ � \ �i :l1�1�1� � �e follawing it.�ns were added to the agenda: Gonsideration of a Resolution Approving the Police Contract and Receiving a Communication from Mrs. Bernioe Cooney, Blaine, Miruiesota. NY)TION by Qouncilman Schneider to aG3opt ttie agenda with Seconded by Oouncilman Barnette. Up�n a voice vote, all Nee declared the motion carried unanimously. • ��+� �� :�. I �� the above additions. voting aye, Mayor �ere was no response from the audienoe �der this iten of business. . . 1: e_ 4 _�. \. � 1•_ .! _:_C �. • ► �i�l �� ?l �_ � �u!?�� 1��►l �_ : �,�i� � � � 1 1 � • , � ��_ ! ; ia��+ • ;,! �_ � M�TION by O�uncilman Fitzpatrick to waive the reading of the public hearing notioe and open the public hearing. Seoonded by douncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:35 p.m. Mr. Inman, City C1erk, stated this request is for the issuanoe aE $3,500,000 in industrial revenue develognent bonds for the construction of a 120,000 square foot warehoU.se f acil ity. He stated this facility w�ould be located in an area generally bounded by Hickory Street on the east, North Park on the north, the Burlington Northern railroad tracks on the west and the westerly extension of 81st Street on the south. Mr. Irman stated it is estimated this new c3evelopnent would create 45 jobs with an annual payroll of wer $1,000,000 per year. He further stated this developnent would not proceec7, if it could not be f inanced through -1- 2. 3. �� l�. 4� _�_ �. � � �1! _u1: �I; . . • industrial clevelognent revenue bonds, and this project would co�ne under the 1985 financing. Mr. Tim R�ison, the petitioner, stated the prop�sed warehouse facility would serve as a distribution oenter for the Midwest territory. He stated they are a regional trucking operation with warehouses in New Brighton, Arden Hills and Moundsview and deal with products sold in wholesale and retail outlets, basically, food related items. He stated the major principal occug�ing the facility w�ould be Kraft Foods. Mr. Zyson stated the warehouse would not be refrigerated, as it is antici�ted refrigeration would not be needed at this facility. Mayor Nee asked if there Public Works Director, borings have been taken. were any soil problems in the area. Mr. Flora, stated there may be some soil problems, but no Mr. Zyson stated what has taken glaoe so far is discussion of the project with the City's aci�iinistration and some preliminary plans were drawn for the prooess of surmitting the appl ication for industrial revenue bond f inancing. �uncilman HaQnernik asked if they w�ould be maving their other operations to this facility. Mr. Zyson stated they do not have room for expansion at their other facilities in neighboring cammunities, therefore, they need this warehouse in addition to the others. Mr. Zyson also explained there is a rail line acoess adjaoent to this developnent which is a necessity. No persons in the audience spoke regarding the issuance of these industrial developnent revenue bonds. M�TION by (7ouncilman Barnette to close the public hearing. Seconded by �uncilman Ha¢nernik. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:47 p.m. � � : �i� , �� R��►M_ � : �� _ ��, \, i�� ' ��' �' �� Q 4�!� �\: � �. ; • � • _, � : ��?�� ! � � : � � �� «. M�TION by douncilman Fitz�trick to waive the second reading of Ordinance No. 822 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �!? � = �! ' � _ �i ��, � � �e�l� 1�. z. _:�_�� V: s � � i��\ zM _MI ��l1?i, � � � �� ,� �►_�i ��, � •� ;�� ia�,� • � �: _: �� Mr. Jim Hill, Public Safety Director, stated the State has completed an initial training program for a hazarcbus material response team axnprised of persons f ran the State and local goverrments. He stated the State �nergency Services Division wishes to discuss this iteqn with local goverrments who had manbers �rticipate in this training. -2- �� a� �� _�+ i�. � � �� i: . �I�1 Mr. Hill stated Mr. Simonson of FridZey's Fire Department represented the C�ty at this school. He further stated the State would like to make a presentation to the O��mcil on Deoenber 17 to obtain support for using Mr. Simonson as part of this hazardous material response team. �� . 1� +:_ � � • � � C _: � � • � � • �_� �., � • : : • � � • :� ' � �� /i * 4 ' � ��1_ � i � : ��\l 4 �+ �� 1� �y+ � : � �rl 1� ► M�TION by O��mcilman Haanernik to waive the reading and approve the ordinance upon first reading. Seoonded by ��mcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��,� �� .: �1� • �� _.:� � • :� •�� :� _ •; /: _ •� ;_ • _ �l� �.� � � ' . � 4.! : �� y. � u: 7.._ ��,� • Z+ ; ��1 1 MOTION by Councilman Schneider to waive the 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. • : _ «_ \I� �. �.��/�+�r _ ; . • • N�+�i ._; � a� 4 ��► ��: 4 u��+�� • : �►!. NDTION by Councilman Schneider to receive the November 6, 1984 general election statenent aE canvass. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��.► ��_�: _ �� • c� :�v i •. _: k�uu •� u _ � • •4,�- � " �?� _�_ ��C !�� :��!_ �� ,.4;_ !J.� _ �!� ;;_L _:_ � !' \��f� +.�1�� . �+ ��/i��t 1�� !.__1�_ Mr. Flora, Public Works Director, stated he received a call from the petitioner and he requested this it�n be withdr�an at this time. �� __��. �i, � �� y i!�1M :." :_ k�44 �\ u_ \ � \� � y� •:� �a� .i �� e+�« �� DI� M �y�:«� �� : �_\�� 'e�� el��i.. f:� �� 1��. V e+� � i�LS f�. �. �� M� i\�. �i i� ,i� ls�. Mr. Flora, Public Works Director, stated this is a request to reduce the required setback for parking on the south from five feet to one foot to allaw for a 24 foot driveway and to allow parking in the required f ront yard. Mr. Flora stated the reason for the request is to allow for a wider driveway as the existing driveway is too narrow for truck deliveries. He stated, in oonjunction with the varianc�e, Kurt Manufacturing would like to install a surmountable curb along the south property line to prwide for the mavenent af trucks in and out of the lot to the south. Mr. Flora stated the adjoining property awners had no objection to the surmountable curb or the varianoe. Mr. Flora stated the Appeals Commission has recommended appraval of the varianoe. He stated, hawever, the variance has not, as yet, gone to the Planni.ng Caranission, but because Rurt Manufacturing would like to complete -3- ��. 1, V� _� ��. � \.�J�_ 41: �1� • . � , the work before winter, this request has oane directly to the Council from the Appeals Catunission. NDTION by �uncilman Schneider to ooncur with the unanimous recommendation of the Appeals Oo�ranission and grant the variance to reduce the required setback for parking on the south from five feet to one foot in order to allow for a 24 foot drivc�aay and to allaw �rking in the required f rorit yard on the west 375 feet of Lot 2, Auditor's Subdivision No. 89 at 7191 Highway �65 N.E. Seoonded by do�cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . •�� : •� � � ..�� :. • � • � _�� • , : � : : � �.; 4_. Mr. Qureshi, City Manager, stated bids were advertised and rejected for the sale of these lots when it was determiried they weren't in line with what the lots were worth. He stated staff has negotiated to obtain a higher price for these lots and agreanent has been reached for a prioe af $22,500 each to be �id for Lots 14 and 15, Block 1 of Blomberg Estates. Mr. Qureshi stated this prioe is $6,000 to $7.000 higher than what was received in the bid. NL�TION by G�uncilman Schneic%r to authorize the ac�iinistration to sell Lot 14, Block 1, Blomberg Estates for $22,500 and to sell Lot 25, Block 1, Blanberg Estates for $22,500. Seconded by O�uncilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � �� . � ��, � � � � � ' � � �. ��_ 4:,.. �� I�:`�� Mr. Irman, City Clerk, stated an apinion was requested of the Ci.ty Attorney to determine if the City Manager �ould call for bids in order to expedite the bidding prooess. He stated it was the City Attorney's opinion that this was in line with State Statutes and the City's Charter to have the City Manager call for bids, except the Manager is not authorized to advertise for bids for local imprwenents which are going to be assessed without prior Qouncil apprwal. Mr. Iranan stated, if the Q�uncil adopts this resolution, the City Manager � aould call for bids without prior �uncil apprwal, hawever, these bids are subject to f inal approval by the Council before any contracts would be issued. M�TION by Go�cilman Barnette to acbpt Resolution No. 128-1984. Seconcled by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. _ �� . �� , , � • • � . �l�+. ��__ . .i�. �� i.�. i_ � • ��i. �� .1 �i i[� _1 7 u �� _�� • �. . I�i� ��-� -_ � �L ! �M��+��+ � 4 � ' ' � 4. ' ' � +� _. y� ye__ 4 ,�,� , ��1-e ?i\� ��i i_,I� ��d �1�! � � � 4 \� : r � � � � i . . • � i : +�� c. i�_4t � C i�. • �_ '�S= �� • �! « . _�_� �� 1u1�►�+ � `_�1� � ?lL�+ ! 4u�� "�� _ �t -4- k� 1� u�_ ��. • � ��l_ �i= . � • • ; , M�TION by ��cilman Hanernik to adopt Resolution No. 129-1984. Seoonc3ed tr� Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _`.• .. � • � �.� � • ' c. ��. � � M�, y,_ .� : � « • • • � � � � , 4M • �� r� � \�� . _i � i�_ � yV��,� � �� _ : ��,I� �+ �/ � � � ��\� � ' * � ' � �i �_ . � �«*�� Mr. Irman, City Qerk, stated this is one of three prel iminary resol utions authorized by the O��cil, prior to the industrial revenue bond legislation. He stated the issuanoe � these bonds c�vers Jerry Paschke's third addition. Mr. Irman stated this developnent v�nsists of a commercial area and it is proposed 100 new jobs will be added upon completion. He stated this resolution before the Council is the final resolution and all the preliminazy steps have been executed. M�TION by Councilman Barnette to ac3opt Resolution No. 130-1984. Sec�onded by Qouncilman H�nernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. + _ `� . � ��+ � � � � ' � �.� � _ � 1+. 4 �� _ �� C � ': �J4N��\� � �10 \ �� _ �. �i\ �� ',• � ;�� •�. ' � : :► \.: �\ C \� . �1�: :\� • � C N� � Mr. Flora, Public Works Director, stated this resolution is a result of the presentation at the last meeting where cbncern was expressed regarding the traffic and sicyzage a].ong Highways 47 and 65 in Fridley. 1►lr. Flora stated, this resolution, along with the next resolution on the O�uncil's agenda, is a formal notioe to the Department of Transportation for a review of the sicy�s, sic�al.s, and speed limits through the City. Mr. Flora stated, if this resolution is adopted, he woulc3 suggest a change in the last paragraph to r�time the signals. NDTION by Qo�mcilman Sdzrieider to adopt Resolution No. 131-1984 with changes by inserting the words "and re-time signals" after the words crossing sic�►age in the last paragraph, third lirie, of the resolution. Seconded by Qouncilman Ha¢nernik. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; • •� � ;_• � . y ��. • : � •s' y , � 4� � \ �� i �A �� 1� y* ' � y • \ � �� * *�� : � �� • , � M� � Mr. Flora, Public Works Director, stated this resolution requests the Departrnent of Transportation to reviaa the traffic patterns and speed limits on Highways 47 and 65 in Fridley to see if these speed 1 imits can be reduoed. M�TION by Co�cilman Sc��neider to adopt Resolution No. 132- 1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee -5- �� 1+� ��-� �i. � ��_�� _� ' declared the motion carried unanimously. � `_• � �� •• �••:• � .�1� : .�� y+ _ � � � i� 3 s '1: �. �� +. ��I� �A. �l': N � �� : �. �� _ � * yl � i. N� ?� �� M_ � ' Q ��yl�� 4�� _ * : ' � ' Mr. Qureshi, City Manager, stated this resolution, basically, includes a five percent increase in salaries for Police personnel with some modest increases in other areas. NDTION by Qot.uicilman Hanernik to acbpt Resolution No. 133-1984. Seoonded by �uncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. �i M�TION by Oouncilman Fitzpatrick to authorize p�yment of Claims No. 304519 through 319Z09. Seoonded by O�uncilman Schneider. Upon a voice vate, all voting aye, Mayor Nee declared the motion carriec3 unanimously. 16 . I�I(�ES: M�TION by Qotmcilman Barnette to apprwe the lioenses as sukmitted and as on file in the Lioense Qerk's Offioe. Seoonded by Oo�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES• MOTION by Councilman Schneider to approve the estimates. Seconded by Qouncilman Ha¢nernik. Mr. Qureshi, City Manager, stated a p�rtial estimate should be approved f or Halvorson Construction Company in the amount of $1,513.35 instead of $2,692.69. N1�TION by Councilman Hamernik to amend the above motion to correct the p�yment to Halverson O�nstruction Oom�Z�ny from $2,692.69 to $1,513.35 and list then as oorrected: Herrick & New�man, P.A. 6279 University Avenue N.E. Fridley, I�N 55432 For Legal services renc�ered for the C�ty Attorney for the month af October, 1984 Irivoice No. 2883 of Navenber 13, 1984 Legal Services, re: Paschke 9nith, Juster, Feikeqna, Malmon & Haskvitz Attorneys at La�v 1000 ID6 Oenter Minneapolis, MN 55402 � $2,420.00 $2,500.00 �r.1� ui _� r�. • � ��_ u�: �+; • ;] (Smith, Juster, Et al Estimate Continued) For Legal servioes rendered as C7ty Prosecutor for the month of July, 1984 Legal servioes rendered for the morith aE August, 1984 Legal servioes rendered for the month of September, 1984 Legal servioes rendered for the month of October, 1984 Halvorson �nstruction Qo. 4229 - 165th Avenue Wyaning, MV 55092 Partial Estimate 1984 Misc. C1arb & Gutter & Sidewalk H & S Asphalt �. 1700 Industry Avenue Anoka, NN 55303 $6,087.50 $6,16 2.50 $6,512.50 $5,947.50 $1,513 .35 Partial Estimate No. 9 Street Imprwenent Project $15,337.70 ST 1984 - 1&2 'I#ie Mption was se�nded by �uncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declaz'ed the motion carried unanimously. UPON A VOICE VOTE TAI�1 CN �iE Ng1IN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ; M \/ �. !� uiul A � �� C��.0 V�� •---', M •� � �I� • S, : l��t � _ � � � u �4! _�� 4 C �� _,�� ► M.._ ��. �5.._� � �. : � �: �� • , ti,l,f: . ._�. . • , MOTION by Councilman Hamernik to receive this communication fram Mrs. Qooney, dated Novenber•16, 1984, regarding desire to aoquire parcel of land. Seoonded b� Qouncilman Schneic3er. Upon a voioe vate, all voting aye, May or Nee declared the motion carried unanimously. : ! � 1: �iu�� MOTION by Councilman Barnette to adjourn the meeting. Seconded by Qouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular A'ieeting of the Fridl ey Ci ty Council of Nwenber 19, 1984 adjourned at 8:17 p.m. -7- COUNCIL MEETIPlG OF NOVEPIBER 19, 1984 Respectfully submitted, Carole Haddad William J, Nee Secretary to the City Council Mayor Approved: : .•.� � . . AN C�2DINANCE UI�IDIIt SEGTION 12.07 OF THE CITY CHARTER 'lb yACATE S�E��.S p�t,ID AI,I,F,�yg AI�ID Zp AN�ID APPENDIX C OF THE QTY �E Rtie City Co�mcil of the City of Fridley does ordain as follc�ws: SECTION l. For the vacation of a street described as folla�ws: � Zl�at part of 73rd Avenue NE lying between Lot 5, Block 4, CaRUneroe y Park, and Lot 13, Block 1, Paco Industrial Park, from the West line of Commerce Circle West to the East line of Burlington ' Northern, Inc. All lying in Section 11, �30, I�24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated except that the City of Fridley retains easements for utility purposes on the South 15 feet, the North 10 feet and the West 10 feet of the East 57 feet and the West 10 feet of the East 25 feet thereof. SEGTION 2. �he said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amenc�d. PASSED ArID ADOP.�ID BY �iiE CITY OOUNCIL Ofi �4iE CITY OF FRIDLEY �iLS DAY OF , 1984. P►ZTf�T : SIDI�'Y C. Il�Il�f�J - QTY CLF.RK Public Hearing: First Reading: Seoond Reading: P�lish: SAV 84-03 Minco Nwember 5, 1984 November 19, 1984 WILLIAM J. I�E - MAYOR 1 .:•. � � � . AN ORDINAN(E LR�IDIIt SECPION 12.07 OF THE CITY CHARTER TO VA�'ATE S'�T5 AI�ID ALLE.'YS AI�ID 7t� AN�TD APPENDIX C OF '141E QTY �DE �e City Council of the City of Fridley does ordain as follaas: SECTION 1. For the vacation of a utility easement described as follows: the Southerly 8 feet of the North 10 foot easeznent on Lat 9, Block 4, Rioe Creek Estates. All lying in the South Half of Section 13, R�30, R-24, City of Fridley, Co�mty of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. �e said vacation has been made in conformance with t•finnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so aanended. PASSED AI�ID ADOPTID BY �IE CITY QO[JNCIL OF �iE CITY Or' r�RIDLEY �iLS DAY OF , 1984. WILLIAt•1 J. I�E - MAYOR ATI�:S'T: SIDI�'Y C. II�4•9AN - QTY Q�ERK Public Hearing: First Reading: Second Reading: Publish: Nwenber 5, 1984 November 19, 1984 SAV 84-04 Shelton 2 � t � CI7Y OF f RI DL.E.Y TE 1�/29/84 ptAECTORATE �F PUBLIC WORKS MEMOiaANDUM �Or 0.►w Jim Robinson, Pianning Coordinat ue�ECT SP #84-23 CHAMPION AUTO REPAIR GARAGE 3 � o °a :?� °o�c ; � --- �= PW 218-84 TO ACTiON INip. -- _ _--, John F2ora, Director Public Wks. On November 28, 1984 the Planning Commission heard a request for a Special IIse Permit to allow a repair garage in the Holly Shopping Center. Due to the petitioners request for expedient action, this request is being heard before the Council before the regular minutes of the Planning Commission vill arrive. This memo will serve to brief you on the proceedings. The proposed repair garage Will be an auxiliary use to the existing Champion retail operation. The garage xill have three double bays which xill be used for a wide variety of automotive repairs. Staff made the folloWing recommendations as stipulations for the permit. 1. The hours of operation should coincide with the retail operation. 2. Any hazardous raste be managed in a manner consistent with State Lax, this to Snelude registering with the County. • 3• No outside storage be alloxed. The operator, Mr. Douglas Kaska, stated he t�ould employ tr+o full time mechanics during the day and two part time at night. The hours of operation would be 8:30 a.m. - 9:00 p.m. Monday thru Friday, 8:30 a.m. to 6:00 p.m. Saturday and 10:00 a.m. to 6:00 p.m. on 5u nday as needed. Oae resident, Prom a aingle family bome to the North, voiced concern about noise levels and traffic. The petitioner responded saying that the doors vould be closed most of the time and he would see to it that his employees test drive the cars in a professional manner minimizing noise levels. The Planning Commission approved the Speeial Use Permit With the afore mentioned atipulations. 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' � � • . , . _ .r� .,.. . , - — �� 0 z I SP #84-23 Champion Auto 27 � �t � ' -- b btK4^"' o�'^c�S .�K+ :. �++� f"" ' �.�b:•. �. W�,�� w�n/ . �.� -- �-- � � I � � t 1 ' 5-'� �,♦ F„�ae�� ..+�.. N•�► � �� y�.a� . (�� ! �'�� 4�' � w d�w S �++ P�'°'� ° �"�„o:��.-- I. W wt+'" v • k•'�1 h � � � i �i N � t,,��. `,.,.� _��. •�- I • �,� � e � z� � 1 � �''1�� ''`' �` 1 _ ! � x�j - i � �� J �/ 41I �0 p v Ni� �e'i 7\ Q�i•F�kA► �t OJ.►1L�9 �+si :� �Cw�/' �i (,Grr, 7 � Q- i'� .�� •�jr . a�� V,/ �o ----� .��y `��- ' � 4 CITY OF FRIDLEY CATV ADVISORY COMMISSION MEETING, NOVEM�ER 15. 1984 z CALL TO ORDER: � C6airperson Hughes called the Nov. 15, 1984, CATV Advisory Conmission meeting to order at 7:40 p.m. ROLL CAIL: � Members Present: Barbara Hughes, Burt Weaver, Ed Kaspszak� Ralph Stouffer Members Jlbsent: Duane Peterson Others Present: Clyde Moravetz, City of Fridley Dawn Gilbertson, Storer Cable Chris Wegemer� Storer Cable , APPROVAL OF OCTOBER 18. 1984, CAN ADVISORY CONMI_SSION MINUTES: XOTION BYI�t. KASPSZAK, SECQNDED BY MR. WEAVER, TO APPROVE TAE OCT. 18� 1984� CATV ADVISORY CONll�IISSION 1NINUTES AS WRITT'EN. UPQN A VOICE VOTE, ALL Vt7TZNG AYE, CHAIRPERSON HUGiJES DECLAJtED TXE PlOTIpV CARRIED UNANIlIOUSLY. APPROVAL OF AGENDA: MOTION BY MR. IVEAVER, SEG�QNDED BY l�t. !Ul.SPSZAK, TO ADOPT T9E AGENDA AS PRESENTED. _...�..� IIPON A Vt�iCE VOTE, ALL WTZNG 1lYE, CBAIRPERSI�N XUGAES DECIARED THE J�lOTION C.AFtRISD UNANIMOUSLY. � 1. RECEIVE OPERATIONS UPDATE FROM STORER: Mr. Wegemer stated he might have had a misunderstanding regarding their business plan. He stated he was under the impression from the Feb. or March CATV Advisory Commission meeting that Storer should present their busi�ess plan once the capital budget for the year has been approved; then give verbal updates in April and October on the status of that business plan. However, he had not reviewed the Commission minutes and could have been mistaken. Ms. Hughes asked if the Commission m�nbers would like verbal updates or ,� rritten updates. � Mr. Kasps2ak stated he would like to see the updates in writing. Mr. Weaver stated he vrould also like to see something �n writing. He stated they should ask Staff to review the past minutes to see if the Commission did take any formal action regarding Storer's business p1an. 4A CATV ADVISORY COM��IISSION MEETING, NOVEMBER 15, 1984 PAGE 2 Ms. Hughes stated they should definitely review the past minutes, but it was also her feeling that the Commission should have updates in writing. Those updates could be very simple, but it makes the report more official. She asked Mr. Wegemer to have an update in writing for the next meeting. Mr. Wegemer stated what they will probably do from now on is file a compre- hensive business plan for the year, then update the status of that plan in writing twice a year (April and October). Mr. Wegemer stated he had three other points to bring up: (1) Mr. Wegemer stated they have finished construction of the parking lot in back vr!�ich will provide additional parking spaces for their employees, access users, and the general public. (2) Mr. Wegemer stated that on the leased access channel they share witl� AP News, Storer has received a request from Infovision.(which he had brought up at the last meeting) to lease the access channel since it is not being leased out currently. He stated Infovision is a group in Minneapolis headed by Peter Bradley. They want to run info-commercials (15-30 minutes in length) 24 hrs. a day. The only problem is that Infovision prefers to have their own c��annel; and if Storer has someone else that wants to lease some time on that channel, they aren't sure how they would handle that. Mr. Kaspszak asked how much Storer was 9oing to charge I�fovision. Mr. Wegemer stated Storer is being peid oi� a per subscriber fiqure. Mr. Bradley was willing to come to a Commission meeting and share the financial figures. Mr. Wegemer stated he would like to have �4r. Bradley with him at a Commission meeting when they discuss the financial arrangements. Mr. Moravetz stated the ordinance specifies that any document entered into between Storer and other com�anies, Storer is required to submit copies of the sar�e to the Comriission. As far as the lease contracts, he thought it certainly fell in the realm of that documentation. Ms. Hughes asked Mr. Moravetz to researcN the ordinance to see if there was any protection for the company in what the Commission releases or what becomes part of the public record. She knew this was an issue of discussion in the refranchising--of the City not making public or protecting to a certain degree because of the competitive problems. Mr. Moravetz stated that did not include the realm of this leased access, but he would research this for the next meeting. Mr. Weaver asked Mr. Wegemer if he could arrange to have Peter Bradley at the next Commission meeting. Mr. Wegemer stated he would be happy to arrange it. 4B CATV ADVISORY COMMISSIO�� MEETING, ��OVEMBER 15, 1984 PAGE 3 Mr. Kaspszak stated that somewhere in the rate ordinance there is a stated acknowledged rate that the company will charge all its access holders. He assumed any deviation from that was negotiable, but he was not totally sure it was negotiable. He asked Staff to check into this for the Commission's information. Ms. Hughes asked Mr. Moravetz to get this information out to the Commissioners before the next meeting. Mr. Kaspszak stated he wondered wha: Storer would do if someone else comes in and wants a leased access channel. He would request that the Commission receive a policy clarification of what would happen if that situation occurs. Mr. Weaver stated he would assume Stoer has come up �rith sc,me alternatives to handle �nat situation. He would like Mr, w+egemer to bring a list of those a'ternatives to the next meeting. (3) Mr. Wegemer stated that on the agenda was the receipt of Cable Bill, 5-66, a law signed by President Reagan, which provides rate deregulation up to two years, and during those two years provides for a 5� increase. He wanted to let the Comnission knor� that the 5� increase was something Storer will be looking at doing some time in 1985 as he was sure other cable operators were also looking at it. Mr. Moravetz stated that in conjunction with this, there has been a lot of discussion back and forth regarding the placement �f overhead facilities to underground such as along Mississippi St, and Un'versity, where �JSP has been required by the HRA to go underground. NSP is being reimbursed by the HRA through a different franchise with different regulations for the actual cost of going underground. NSP had notif:ad Storer and Nr. Wegemer that while NSP was being reimbursed, why didn't Storer request tne same? Storer has requested reimbursement from the HRA. Mr. Weger�er w:s at the HRA meeting on Thurs., Nov, g, where there was some discussion aLout the possibility of Storer being reim�ursed. Staff's recommendation had been to not reimb��rse Storer--that it was covered in the ordinance and the agreement that Storer would be required to do the relocation at Storer's expense. Mr. Mor�vetz quoted from the ordinance: Al1 such poles, wires, conduits, or other appliances and facilities shall be removed or replaced by the grantee in such manner as shall be directed by the City so that the same shall not interfere with the said public work of the City,and such removal or replacement shall be at the expense of grantee herein. He stated there were two different �� sectiions in the agreeement...Section 6.05; and in the franchise, it was Section 405.06, paragraph 2. Mr. Moraveti stated it was Staff's recommendation that the placement of over- head facilities to underground be at Storer's expense. ihere was still some possibility that the HRA might reimburse Storer, but �t would not be at the expense of the City or the 5% revenues. 4C CATV ADVISORY COMMISSION MEETING, NOVEMBER 15, 1984 PAGE 4 Mr. Moravetz stated that he had just received a letter that day from the City Attorney to Sid Inman, Director of Central Services, regarding the City Attorney's interpretation of the ordinance. Basically, the City Attorney agreed with the staff recommendation that any underground relocation work should be absorbed by the company as per the franchise agreement and the ordinance. Mr. Moravetz gave Mr. Wegemer a copy of this letter. Mr. Moravetz stated that no matter what happens regarding this, he did not feel it was part of the Cable Comnission's budget. It would be between the HRA and Storer. He just wanted to inform the f,ommission of Staff's position on this Zssue. Fortunately, the relocation work will not be required until next spring, but he thought these relocation work-type things to accommodate Center City develop�ent or other community deveiopments should be addressed more comprehensively for the next franchise term. Z. ANOKA COUNTY COI4MUNICATIO�IS WORKSHOP: a. Receive 3rd Quarter Report MOTION BY MR. iIEAVER, SECONDED BY MR. KASPSZAK, TO RECEIVE TNE ACC[1 3RD QUAR:ER REPORT FOR 1984. UPON A VOIC� VOTE, ALL VOTING AYE, CNAIRPERSOIJ HUGNES DECLARED TNE MOTION CARRIED UYA::IMOUSLY. Ms. Hughes stated the Cormiission members should note that the ACCW would raise 40p of their operating budget through membership dues, classes, and the telethon, which she thought was very impressive. b. Receive By-Laws and Operating Rules (as requested by Mr. Peterson at the October Meeting) Mr. Moravetz stated he had talked to Mr. Peterson and had asked him if these by-laws and operating rules addressed some of the questions he had at the Octobe� meeting. Mr, Peterson stated that, for the most part, they had addressed his questions and after seeing the by-laws and operating rules for the ACCW� he had a better knowledge of the operations of the ACCW. MOTION BY MR. KASPSZAK, SECOI:DED BY MR. WEAVEP., TO RECI'IVE TH� BI'—LA�:'S AND OPERATING RULES FOR THE ACCF1. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSOI,I HUGEES DECLARED TfiE MO'a"ION CARRIED UNANIMOUSLY. 3. DISCUSSION OF CONTINUED AFFILIATIO��S WITN A��D/OR SUBSCRIPTIONS FOR 1985: Ms. Hughes stated she and Mr. Moravetz had talked about the fact that the Commission should probably re-evaluate what affiliations and/or subscriptions the Cormission should continue in 1985. She stated that while they really did not have to make a decision on these tonight, it would be good to discuss it. 4D CATV AUVISORY COMMISSION MEETING, NOVEMBER 15, 1984 PAGE 5 a. P�FLCP (National Federation of Local Cable Programners) Mr. Moravetz stated the ACCW is an active paid member of this organization. He stated there is a publication and usually a yearly regional meeting and national conference. He stated the Cor►mission's affiliation with this organization was not continued in 1984. He stated it was a question of whether the Comnission wanted to reconsider that affiliation or let the ACCW become involved and receive updates from the ACCW. He believed the dues were $60/year. • Mr. Moravetz stated it would be his recommendation that they have the ACCW provide leadership and continued updates froM the NFLCP and not continue the Commission's affiliati��n with the NFLCP. Mr. Kaspszak stated he disagreed with Mr. Moravetz. If the reason they are not a member was because the Commission was going to rely on information from the ACCW, he thought that was risky. Even if the NFLCP doesn't do anything the Comnission is particularly interested in, they are in local programming and that is a concern of the Comnission; and it was his concern that they not rely totally on the ACCW. Mr, Moravetz stated he was a member of the ACCW Board of Directors. Since the ACCW is at least 40-50� sponsored by the franchise fee, the City is really supporting an entity two-fold: Lhe Commission and the ACCW. One or the other should belong to the WFLCP and be active, but he questioned the need for a double membership. If a Commission member wanted to attend an NFLCP function, he/she could go under the auspices of the ACCW, because Commission members are technically members of the ACCW. Mr. Kaspszak stated that they are a year away from refranchising, and he tho��ght local prograr►ming was going to be a big issue. Sixty dollars a year was a reasonable fee; it was only 55/month. Mr. Weaver stated he got the feeling from this discussion that there were some budgetary problems. If the Commission goes along with his recornmenda- tion to nat continue affiliation with MACTA, that would reduce their budget by $500, He did not think the Commission would be hurting for 560 for NFLCP. b. NATUA (National Hssociation of Telecormwnications and Officers and Advisors) Mr. Moravetz stated he felt this organization was more beneficial on what was going on at the national level on the enforcement of franchises, etc., as opposed to the NFLCP, which was more geared to the actual produc- tions and access, L0, etc. Mr, hloravetz stated the 1985 conference was scheduled for September in St. Louis. He believed the dues were $60 last year. 4E CATV ADVISORY COMMISSION MEETING, NOVEMBER 15, 1984 PAGE 6 c. Metro Area Interconnect Mr. Moravetz stated the dues are �500/year subject to change. He would recommend the Commission continue interaction and affiliation with Metro Area Interconnect until further review is required. d. Multi-Channel News Mr. Moravetz stated this was a weekly publication at the rate of �30/yr. He would recomnend they continue their subscription to Multi-Channel News. e. MACTA Mr. Weaver stated that a year ago, they went into MACTA because it was a new organization, and they wanted to see where it was going. He stated he and Ms. Hughes attended the meeting in Bloomington last January. He ran for and was elected to the Board of Directors of P;ACTA. He was there with a stated objective of monitoring where MF.CTA was going. Mr. Weaver stated MACTA has not taken any direction, or if there was a direction, it was a schizophrenic direction in which it was trying to be all things to all people. He said the organization was not very well organized and has no clearly stated goals. The dues the Cor�mission paid last year were about $50 . Quite unbeknownst to the Directors, they were handed a oacket at which time they were informed that the due structure had been totally overhauled... that the dues for next year will be b450. Along with that, there was some very flimsy attempt for justification for where MACTA was going. It was his recommendation that the Commission not continue its affiliation with MACTA. MOTION BY t!R. WEAVEP., SECONDED BY MR. KASPSZAY., TO EITNER PAY DUES OR COI:TINUE AFFILIr7TIDlY WITH NFLCP, NATOA� METRD AREA INTERCONNECT, Al1'D MILTI-CXANNEL NEWS,BUT NOT TO CONTINUE ANY AFFILIATION WITH 1►fACTA. UPON A VOICE VOTE, WEAVER AND KASPSZAK VOTING AYE, HUGHES VOTING NAY, CHAIRPERSON HUGHES DECIARED TNE MOTIGIV CARRIED WITN A VOTE OF 2-Z. (Mr. Stouffer arrived at 8:35 p.m.) Ms. Hughes stated she agreed with Mr, Moravetz that they did not need to double their membership dues with NFLCP. Mr. Kaspszak stated that from the first day he was on the Comnission, he felt there was a conflict of interest for any member of the Cortmission or any staff member to serve on the Board of the ACCW. Mr. Moravetz stated there was a clarification from Doug Hedin, Attorney for the ACCW. It was a conflict of interest for a Commission member to serve as a memher of the ACCW Board of Directors, but not for a staff inember since the staff inember is a non-voting advisor to the Commission. 4F CATV ADVISORY COMMISSION MEETING, NOVEMBER 15, 1984 PAGE 7 Ms. Hughes stated she was under the impression that some time ago, the Cor�nission asked Mr. Moravetz �r.un for the ACCW Board of Directors as a liaison between the ACCW and the Commission. 4. STATUS OF REGIONAL INTERCONNECT (CHANNEL 6) - MR. WEAVER: Mr. Weaver stated he had some correspondence from Mr. W. D. Dona]dson, Executive Director of the Minnesota Cable Comnunications Board. Next Monday, Nov. 19, , at I:OQ p.m., there wfll be a meeting tu firm up the actual organization. He stated that attached to the correspondence was a Staff Discussion Paper on "The Organizati�nai Structure". which basically talked about setting up an independent not-for•profit corporation in accordance with Minnesota Statutes Chapter 317,. The members of the Regional Channel Advisory Committee are going to appoint some lobbyists to go to the legislature and lobby for this. Mr. 4lzaver stated that last June, July, or Aug., Metropolitan Council agreed to more or less shelve their independent effort and go forward with this organization. He stated he felt the sense of it was kind of a halting inter- connect, and he did not predict great things for it, but this was what the majority of the Board members wanted. Ms. Hughes stated the Commission members should have copies of this correspondence from Mr. Donaldson to the members of the Regional Channel Advisory Committee dated Nov. 2, 1984, and of the Staff Discussion Paper. Pir. Weaver stated he did not think there was any need for the Commission to take any action on this, since this was+going to go ahead anyway; however, he would encourage the Commission members to attend the 1:00 p.m, meeting on Monday, Nov. 19, at the League of Cities Building. Ms. Hughes stated that if the Cortgnission members wanted to discuss this any further or had any questions, it could be put on the next meeting's agenda. 5. RECEIVE CABLE BILL - S-66 (H.R. 4103), "CABLE COMMUt�ICATIOP�S POLICY ACT" , N C . 0, 98 : Ms. Hughes stated this was the bill signed by President Reagan. She stated there were some changes in the bill, and she thought they would see some activity on the part of the cable companies in refranchising, so it was well worth the Commission members' while to read this bill. MOTION BY MR. WEAVER� SECOIrDED BY MR. STOUFFER� TO RECEIVE TXE CABLE EILL - S-66 (H.R. 4103), "CABLE COMMUNICATIOl�S POLICY ACT" OF 1984. UPON A VOICE VOTE, ALL VOTII7G AYE, CHAIP.PERSOh' HUGHES DECLARED THE MOTION CARRIED UNANIMDUSLY. 4G CATV ADVISORY COMMISSIOW MEETING, NOVEMBER 15, 1984 PAGE 8 7. CONFIRM DATE FOR NEXT MEETING: MOTIGW BY MR. KASPSZAX, SECONDED 8Y MR. STOUFFER, TO CANCEL TXE DEC. 20, 1984, lIEETING. TXE NEXT MEETING DATE WILL BE JAN. 17, I985. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON lfUGHES DECLARED TXE MOTION CARRIED UNANIMOUSLY. ADJOUR�JMENT: MOTION BY MR. STOUFFER, SEC0IJDED BY MR. KASPSZAIC, TD ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON HUGHES DECLARED THE NOV. I5, I984, CAT[' ADVISORY COMMISSION MEETING AA70URNED AT 9:10 P.M. Respectively sub itted, L n e Sa a Recording Secretary � CITY OF FRIDLEY CHARTER COMMISSION MEETING, SEPTEMBER 17, 1984 CALL TO ORDER: Vice-Chairperson Jackson called the September 17, 1984, Charter Commission meeting to order at 7:49 p.m. ROIL CALL: Members Present: Sue Jackson, Peter Treuenfels, Larry Comners, Bruce Nelson, Margaret Hendley, Donald Betzold, David Pinks, Ralph Stouffer Mer�ibers Absent: Walt Starwalt, Robert Schmidt, Pat Kindom, Bob Pierce, Francis van Dan, Bob Peterson, Irene Maertens Otf�ers Present: Bill Hunt, Administrative Assistant APPROVAL OF APRIL 16, 1984, CHARTER COMMISSION MINUTES: MOTION BY MR. STOUFFER, SECONDED BY MR. TREUENFELS, TO APPROVE THE APRIL 16, 19B4, CHARTER COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-C:.'AIP.PERSON JACKSON DECLARED THE M.OTION CARRIED UNANIMOUSLY. 1. RECEIVE UNDATED VERSIONS OF THE FRIDLEY CITY CHARTER: MOTION BY MR. ST+OUFFER� SECONDED BY MR. TREUENFELS� TO RECEIVE THE UPDATED VERSION OF TNE "FRIDLEY CITY CHARTER REVISION". UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON JACKSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF SECTION 4.06 OF THE FRIDLEY CITY CHARTER RELATING TO THE D R I I C I S: Ms. Jackson stated that since last November, the Charter Commission has been discussing a proposed change to shorten the filing period. This change had been requested by the staff of the City Clerk's office in order to give staff more time to prepare for an election. The recommendation to Section 4.06, Nomination by Petition, was as follows: "All nomination petitions shall be in the hands of the city clerk not more than 130 (now 120) days nor less than 100 (now 90) days before the general elect�on at which time the filings sha1T be closed." Ms. Jackson stated she would like a feeling from the corronissioners present as to how many felt they were ready to make a decision on this change or would like to discuss it further. 5A CHARTER COMMISSION MEETING, SEPTEMBER 17, 1984 __ PAGE 2 Mr. 7reuenfels stated he has listened very carefully to all the arguments presented in the past year, and he has not yeard a good argument for not allowing the extra ten�days which is needed for handling this item. Ms. Hendley stated it dit not really matter to her. She was willing to go ' along with giving the City Clerk's office extra time if it is needed. Ms. Jackson stated she had not seen any compelling reason for not making the change. If the staff finds it easier with ten more days, she felt they should accomnodate them. Mr. Stouffer stated he would agree with that. Mr. Betzold stated he agreed with backing up the time period and giving the staff the extra time. What had been bogging the Commission down was the question of whether or not to leave the 30-day filing period, shorten it up two weeks, or make the filing period to coincide with the state, but those were really separate issues. Mr. Pinks stated he would go along with the staff's recomnendation to shorten the filing pierod. Mr. Nelson stated it was his feeling to leave Section 4.06 as it was, but he was amenable to changing it if that was the con6ensus of the rest of the comnissioners. Mr. Corm�ers stated he agreed they should make the change. It was just a mechanical thing and he did not think it affected the substance. MOTION BY MR. TREUENFELS, SECONDED BY MR. SZ�DUFFER� TO RECOMMEND THAT E�QN 4.06, NOMINATIONS BY PETITION, BE CHANGED AS FOLLO�IS: "ALL NOMINATION PETITIONS SIiALL BE IN THE HANDS OF TXE CITY CLERK NOT MORE THAN 130 DAYS NOR LESS THAN 100 DAYS BEFORE TNE GENERAL ELECTION AT WHICH TIME TXE FILINGS SNALL BE.CLOSED." UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON JACKSON DECZARED TXE !�lOTION CARRIED UNANIMDUSLY. l�JUTION BY MR. TREUENFELS, SECONDED BY MR. PINXS, TO TRANSMIT TO CITY COUNCIL THE RECOMMEIVDATION TO CHANGE TXE WORDING OF SECTION 4.06, NOMINATIONS BY PETITIQN. UPON A VOICE VOTE, ALL YOTING AYE� VICE-CHAIRPERSON JACKSON DECLARED THE 1102IQN CARRIED UNANIMOUSLY. 3. CONSIDERATION OF LANGUAGE l � �'_ !_ �� THE FRIDLEY CITY CHARTER RELATING TO VAR Ms. Jackson stated that discussion at the March meeting left off at the beginning of Section 4.06, Nominations by Petition. She stated the Corrmission has agreed on three working terms to be used as they go through the Charter. Those terms are: : CHARTER COMMISSION MEETING, SEPTEMBER 17L 1984 _ PAGE 3 Eligible voter - a person who is qualified to register to vote Registered voter - a person who has registered and is eligible to vote Voter - a person who is eligible, currently registered, and has voted within the last four years Mr. Hunt stated one way of expediting this was that since�there was agree- ment on these three terms for working purposes, he could ask the City's legal intern, Kay Tischler Erickson, to go through the entire Charter and suggest appropriate changes and bring to the attention of the Charter Convnission whatever difficulties were involved. The legal intern could make a first draft that might ease some of the burden on the Charter Cormiission. Ms. Jackson stated she thought that was an excellent suggestion. The Commission could use that draft as a working document. Mr. Commers referred to the Fridley City Charter Revision the Comnission had received earlier in the meeting. He stated Ms. Erickson has made some significant changes in this draft. It seemed to him that the Commission should go through the draft and look at the changes she has made. Mr, Hunt stated the Commission has only received the udpated version. After reviewing the updated version, they can make any changes or recommendations at the next meeting and then approve it at the next meeting. Ms. Jackson stated that before tF�e next meeting, the Commissioners should review the changes made by Ms. Erickson and compare ther� with the old Charter. Then, at the next meeting, they should have P1s. Erickson's recommenda- tions on where the three terms could be inserted in the Charter. Oiscussion continued until the next meeting. 4. CONSIDERATION OF RECALL AND REFERENDUM AND THE REQUIREMENTS AND QUALIFICATIONS �C N-DIDATES H RUN FOR OFFICE: Ms. Jackson suggested the Commission members start with Section 5.15, Filing of Petition, again which is about "recall". It stated that, "Within 30 days after the filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The city clerk shall examine the petition within the next five days, and if he/she finds it irregular in any way, or finds that the number of si4ners is less than 25. per cent of the total number of registered voters of the city, he/she shall so notify one or more members of the committee. The comnittee shall then be gtven ten days in which to file additional signature papers and to correct the petition in all other respects..." Ms. Jackson stated the question raised was whetf�er tF�e petition for recall should be allowed to be signed by residents of the city who are not consti- tuents of a ward when a ward councilperson is being considered for recall. For instance, when a mayor or councilperson-at-large is being recalled, it takes 25� of the total number of registered voters on the petition. But, when it is a Ward 1 councilperson being recalled, should people outside Ward 1 be allowed to sign the petition for recall? 5C CHARTER COPI��ISSION MEETING, SEPTEMBER 17, 1984 PAGE 4 Mr. Stouffer stated he personally did not think so. People in Ward 1 voted their councilperson to be their representative, and they should be the ones entitled to recall him/her. , Mr. Treuenfels stated that perhaps instead of just using the words, "registered voter" wit�out any further qualification, they should consider putting in a qualification,..that for recall of a ward councilperson, 25% of the registered voters "residing in that ward" can sign a petition for recall. Mr. Betzold stated it has been his position all along that only people directly affected by a particular race in a particular ward should be entitled to sign a recall petition. Ms. Hendley stated she felt that only the people directly affected should be entitled to sign a recall petition. The phrase, "...25� of the total number of registered voters of the city..," has to be changed to a political area or subdivision. Mr. Commers stated he agreed that it seemed fair that only those in a parti- cular ward should be able to sign a recall petition for a councilperson in that ward. Mr. Pinks also concurred with that. After some discussion, the Comnissioners agreed on the following change in Section 5.15: "The City Clerk shall examine the petition within the next five (5) days, and if he/she finds it irregular in any way, or finds that the number of signers is less t�an twenty-five (25) per cent of the total number of registered voters of the ward or cit re resented b the office holder, he/she shall so notify one or more mem ers o t e com�ittee. MOTIDN BY MR. 3TOUFFER, SECONDED BY MR. PINKS, TO CHANGE THE WORDING IN SECTION 5.15, FILING OF PETITION� FROM "...�'NTY-FIVE (25) PER CENT OF THE TOTAL NUMBER OF REGISTERED VOTERS OF THE CITY..." TO "...��NTY-FIVE (25) PSR CENT OF TNE TOTAL NU1�ER OF REGISTERED VOTERS OF THE WARD OR CITY REPRE- SENTED BY THE OFFICE HOLDER...". UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON JACKSON DECLARED TNE MOTION CARRIED UNANIAlOUSLY. Ms. Jackson stated they should now look at Section 5.13, The Recall, which stated: "Any five (5) electors may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the City in accordance with procedures established in Section 5.03." Mr. Hunt asked if the Commission wanted to say "any five electors of the City" or did they want to leave it at "any five electors"? Mr. Treuenfels stated they will proba6ly want to substitute the term "elector" with one of the three terms agreed upon at the April meeting. SD CHARTER COPIMISSION MEETING, SEPTEMBER 17, 1984 _____ PAGC 5 Mr. Nelson suggested they substitute "eligible voter" for "elector". An eligible voter, a person who is qualified to register to vote, means a person has to f�ave residence. The Comnissioners agreed to change the definition for "eligible voter" as follows: Eligible voter - a resident of the City of Fridley who is qualified to register to vote MOTION BY 1�lR. STOUFFER� SECONDED BY 1�2. TREUENFELS� TD CHANGB THE WORDING IN SECTION 5.13, TXE RECALL� FOR WORKING PLIRPOSES ONLY, AS FOLIAGIS: "ANY FIVE (5) ELIGIBLE' VOTERS MAY FORM TflEMSELVES INTO A COrfMITTEE FOR THE PURPOSE OF BRINGING ABOUT THE RECALL OF ANY ELECTED OFFICER OF THE CITY IN ACCORDANCE WITH PROCEDURES ESTABLISXED IN SECTION 5.03." UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON JACKSGIN DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hunt stated he thought it would be consistent to also insert "a resident of the City of Fridley" in the other two terms, "registered voter" and "voter", Mr. Commers stated once they have defined "eligible voter", it seemed to him that it would carry through to the definitions of the other two terms. Discussion continued until the next meeting. 5. OTHER BUSINESS: Mr. Commers stated that at his precinct in the primary election, he noticed ttere was an election judge who was clearly an independent. He wondered if this had been resolved. Mr. Hunt stated he had discussed this with Shirley Haapala, City Clerk. Apparently, what they do when they are asking people to be judges is try to get some kind of indication of the party preference, even though the person is not a registered democrat or registered republican. So far�at least for purposes of serving as e�ection judges, they have been able to get people to give a preference. Mr. Corrmers stated the information received from the Office of the Secretary of State clearly indicated that independents cannot serve as judges. It seemed to him there should be some requirement where a person has to declare whether he/she is a republican or a democrat. Mr. Comners stated he would like to see the Charter Commission discuss as an agenda item the requirement of a party declaration of a major political party for election judges. Ms. Jackson stated this item should be put on the next agenda. 5E CHARTER COMMISSION MEETING, SEPTEMBER 17, 1984 _ PAGE 6 ADJOURNMENT: MOTION BY MR. PINKS, SECONDED BY MR. TREUENFELS, TO AA70L►RN THE MEETZNG. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON JACKSON DECLARED TNE SEPT. 17, 1984, CHARTER COMMISSIDN MEETING ADJOURNED AT 9:05 P.M. Respectfully submitted, y e a a Recording Secretary �t the follawing section of the Fridley Q�arter be amended as follows: 4.06. rDMIhAT7CJt�S BY P£Z'IZ'ION. �l�e mode of election of all elective officers provided for by this Charter shall be by petition. �e na�,e of any elector of the City shall be pzinted up�n the ballot Wherever a petition as hereinafter prescribed shall have been filled in his/her behalf With the City Clerk. Such petition shall be sic,ned by at least ten (10) electors qualified to vote for the office in question. No elector shall sic� petitions fot more candidates than the n�anber of places to be filled at the election, and should he/she do so his/her si�ature shall be void as to the petition or petitions last filed. All nQrination petitions shall be in the hands of the City Clerk not more than //one hundred twenty (120)// Qne hLndred �hir�v (130) days nor less than //ninety (90)// �.e b�,red (1001 days before the general election at r�rhich time the filings shall be closed. Tl�e City Qerk shall prepare the ballots With the names of the candidates for an office in a manner to be provided by ordinance. Each petition, when presented, must be acoc�panied by a five r3ollar (SS.00) filing fee. (Ref. S�ecial Election 4/1?,/60, G�eral IIection 11/3/64) PASSID AAID ADOP:ID BY �?E CITY (�UNQL OF gTE CITY OF FRIDLEY TiiIS I�F1Y OF , 1985. WII.LIAM J. I�E - A'�YUR ATI�S: : SIDNi'X C. II�S�1i� - QTY Q.F�iR 5F RESOLIITION N0. - 1984 A RESOLOTION APPROVING A SIIBDIVISIOH, LOT SPLIT, L.S. #84-09, TO SPLIT LOT OFF THE NORTHERLY 155 FEET OF LOT 9, AIIDITOR'S SUBDIVISION N0. 78, TO MABE A NEH BILDING SITE AT 6095 EAST RI1/ER ROAD p.E. WHEREAS, The City Council approved a lot split at the November 5, �984 meeting, and WHEREAS, such approval Was to split off the Northerly 155 feet of Lot 9, Auditor�s Subdivision No 78, and WHEREAS, The City has received the required Certificate of Survey f rom Burlington Notrthern , and WHEREAS, sueh approval will make a new commereial building site. NOW, THEREFORE BE IT RESOLVED, that the City Couneil direets the County of Anoka to record this lot split Within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF DECEI�BER, 198�l. ATTEST: SIDNEY C. INMAN - CITY CLERR 3/7/u/1 WILLIAM J. NEE - MAYOR 0 � 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 THE DECEMBER 3, 1984 AGFNDA DATE: NOVEMBER 27, 1984 The City Council has previously approved the plat of the Fridley Plaza Center and this plat has been recorded at the County. We are now requesting that the special assessments be split for the new plat. SCI ps 0 7 1A RESOLUTION N0. - 1984 A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON BLOCKS 1-5, REES' ADQITION TO FRIDLEY PARK, AND PARCELS 5000 AND 5050, SECTION 14, AND REPLATTING INTO FRIDLEY PLAZA CENTER 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 parcels, to-wit: Blocks 1-5, Rees' Addition to Fridley Park, and Parcels 5000 and 5050, Section 14, may and shall be apportioned and divided and replatted into Fridley Plaza Center, as follows: Original Parcels Blocks 1-5, Rees' Addition to Fridley Park, and Parcels 5000 and 5050, Section 14 (Pin No's. 14-30-24-31-0004, 0005, 0034, 1135, 0036, 0041, 0042, 0043, 0044, 0045, 0046, 0047, 0048, 0049, 0050, 0054, 0056, 0071, 0073, 0074, 0075, 0076, 0077, 0078, 0079, and 0080) Division and Replatting Approved Lot 1, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0081) Lot 2, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0082) Lot 3, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0083) Lot 4, Blk. l, Fridley Plaza Center (Pin No. 14 30 24 31 0084) Lot 5, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0085) Fund Regular SA SS #71 ST. 1967-4 SW �136 ST. 1983-1 Fund Regular SA SS #71 ST. 1967-4 SW #136 Regular SA SS #71 ST. 1961-4 SW #136 Regular SA SS #,71 ST. 1967-4 SW #136 Regular SA SS #71 ST. 1967-4 SW #136 Regular SA SS #71 ST. 1967-4 SW #136 Original Amount Paid Paid Paid Paid $255,733.43 255,733.43 Original Amount Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Pa i d Paid Paid Paid Paid Paid Paid Paid Lot 6, Blk. l, Fridley Plaza Center Regular SA Paid (Pin No. 14 30 24 31 0086) SS #71 Paid ST. 1967-4 Paid SW #136 Paid : PAGE 2 RESOLUTION N0. - 1984 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON BLOCKS 1-5, REES' ADDITION TO FRIDLEY PARK, ANO PARCELS 5000 AND 5050, SECTION 14, AND REPLATTING INTO FRIDLEY PLAZA CENTER Lot 7, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0087) Lot 8, Blk. l, Fridley Plaza �enter (Pin No. 14 30 24 31 0088) Lot 9, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0089) Lot 10, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0090) Lot 11, Blk. 1, Fridley Plaza Center jPin No. 14 30 24 31 0091} Lot 12, 81k. 1, Fridley Plaza Center (Pin Na. 14 30 24 31 Od92) Lot 13, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0093) Lot 14, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0094) Lot 15, Blk. 1, Fridley Plaza Center (Pin No. 14 30 24 31 0095) Regular SA SS #71 ST. 1967-4 SW #136 Regular SA SS #71 ST. 1967-4 SW #136 Regular SA SS #71 ST. 1967-4 SW #136 Regular SA SS #71 ST. 1967-4 SW �136 Regular SA SS #71 ST. 1967-4 SW #136 Regular SA SS #71 ST. 1967-4 SW #136 Regular SA SS #71 ST. 1967-4 SW #136 Regular SA SS #71 ST. 1967-4 SW �136 ST. 1983-1 Regular SA SS #71 ST. 1967-4 SW #136 ST. 1983-1 Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid Paid $ 62,209.60 Paid Paid Paid Paid �192,050.83 Lot 16, Blk. 1, Fridley Plaza Center Regular SA Paid (Pin No. 14 30 24 31 0096) SS #71 Paid ST. 1967-4 Paid SW #136 Paid PAGE 3 RESOLUTION N0. - 1984 AUTHORIZING AND DIRECTING TNE SPLITTING OF SPECIAL ASSESSMENTS ON BLOCKS 1-5, REES' ADDITION TO FRIDLEY PARK, AND PARCELS 5000 AND 5050, SEC7ION 14, AND REPLATTING INTO FRIDLEY PLAZA CENTER Lot 1, Slk. 2, Fridley Plaza Center (Pin No. 14 30 24 31 0097) Lot 2, Blk. 2, Fridley Plaza Center (Pin No. 14 30 24 31 0098) Regular SA SS �71 ST. 1961-4 SW #136 ST. 1983-1 Regular SA SS #71 ST. 1967-4 SW �136 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIOLEY THIS 1984. ATTEST: CITY CLERK Sidney C. Inman Paid Paid Paid Paid $ 1,473.00 Paid Paid Paid Paid 255,733.43 DAY OF MAYOR William J. Nee 7C �� ►��i�Yr.��Ta��?�.��ia�• • . . . .. � � !s Et:: . .-t f- � r `�� (f) ' ( � a, _ r, ► . r` v � �4) ��). .� � (`�) i t l .. .� '� ' 4 _ ��, � 1 _ . � rf . — � �i rj,�� , + � !1 ♦ f � � ti y 1(1;�tw i I! �'' . i� �� r •� � Il�� !/ � ---i • . .r • '-f�-' -T �, : � lI � , � v � � , � �� >. �Q �)e 1�1 \ ` __' ,� f � Ir• . • , y 1, �f �� 3, �l-•� � •• ' .v t t�, �� .. .. , ,� , .� W �� b i+ + {' Q � � �_f�_�' ...., AL/CE E : � ,f(: s`` ' '�� k ` \ l . k ' � �p . . A�a�. � � '•` � _ . , '� � :� � � r- i � � .�. ..« . _5' . � �..... i l �` _ .-� � f , , � !�e.` 5�) (s�� (as) � • t! ll � li � t0 ; '�' .., R _. . •,(3� � � �. ''.�.' �• �i4: ts. �---� . 1t _'. r y�, � , � (JQ tu7 �� . M. , NEW FRIDLEY PLAZA CENTER Original Property ' . I � � - - - - err r �aa�. - �ue.,, cew.r I• �--------� ----t:•�F — 1'�=.—_�=-•_-.. -- ----- � t ' • . ,N �.; .f , , NL . � ..w .,...• •Itw s+�ae• nt -- ww �. w.• �� r1-- I2 • � � �� . � i ' � �� }. a � �� - II ` � 1 � : ; • { . ; � �,� � i � � �, , ♦ � i � ✓ � ' � •. w � � , � � � a�..�s-!a� M: � � s I � I.; r... s • I s � m � n� ;� . , i' ..• a. � i. h � i I � �' y �' � •� . �• � I . Y I � : t � ; ' , � I � - --�� _�. __: _ I �.w w.� � � � ; .. t � �- 's -- - - - -- =-- . , , a ; � "7__�'r�: •_ �� - -�- , T" �1C: �.'�_��tr :. o i �: � ; � � . � � . , �f • t ` , ;" � ` I : . � � : i . , ;; ; � � � ' r �; � �: y ti h. i� . .: r . s : • . r Y ;'r a r. .; � �^ :}, � �! : r. �' v • ! i �' I �,s.�r f •.r��y e�� , , � �! 1 ' 4 . � —� � . � i �: r '� � (Q � � 1 , � `. ��_�' r �• r \i i .� I�_ •�_�_� ." ' _.'__ ". _' ___�L_ � .�— '.'. � i I , _ � ..: „ � - vr:s•sc... 4 � �:: 's c�tE:' � J s: y ' ) r, �- = ✓ �0 t Tw i�CiF� �. : - � r! i 'T.--,- ��ii�""'+.'� '- - �--r -�--i._ � - ' • � .- j-.��.. , .- e` v. v � ; � . �.. -s. - - t w'r:+:: • - - - - ' 1 � � j � ¢ e. � 1 I � ; � � 1 � � � � . � t� ti, �� " i : . s. r r r � A • s.:i ( . a' � � � � s . " + a� j�1� � � -•� E� : � �; ; I i � : ��•` 'e� ' r - f ...` � ��._�:�� _= '-i-�! I �. ri = I � _ ::- - j��r• _ - �} - 'jf7-'-�-- '- - - - ti 'Y -�i - , •• . ... _; � _.�_ . „�,�.,.,., .f�` �� ' � ' �`s � � �� ' � .. , i f . � s J S : .. _ d e' ' : � � '• � � . j �y,,, Y a .•.s n i:s r • �bin: • ir. •� s • I • �� w •• / '- .►sti r• ww r� • � I I • ! � . i � ... _ • � � l! . �1 �f. 1 1 1 1 �..._.i �� ' i r. i ( —�w �_. �n �r�-- . �'� — �rw �: T 'Mrlvlfp►Y Iv/rW� �7[�MI ,1 _ M .c�v../�r s�i ��µ, � - . ... sta••. . .. .. 7D � � CITYOf f RJ DLEY O/►TE 11/29/84 OIRECTORATE �F PUBLIC WORKS MEMOFiANDUM ipOY �.►w Jim Robinson, Planning Coordinator tua�ECT SP #84-24 for Bob's Produce TO John Flora, Director of Public , o °a :� �o ,� � �__° � PW 219-84 ACTt N IIdFp. �� - � On November 28, 1984 the Planning Commission reviewed an application for a Special Use Permit by Bob Schroer. He has requested that this item be expedited by the City Council to allow installation prior to the holiday sales season. The proposal is for the installation of an automatic changeable sign. This sign is intended to replace an existing free-standing sign which has a message board attached to it. The existing sign was issued variances in August of 1972 which included an increase in height from 25 feet to 28'-Z feet and also an increase in the maximum area for a free standing sign from 100 to 276 square feet. The present proposal would reduce the square footage to 165 square feet. - The intent is to place the new sign on the existing pylons and to maintain the existing height of 28z feet. Concerns related to code enforcement and the elimination of extraneous signage were discussed. Mr. Schroer indicated that he is anticipating major redevelopment within the next year. With this in mind the Planning Comnission approved the proposal with the following stipulations. 1. Curb all hard surface areas with six inch poured concrete curbing. Repair and replace all damaged curb. 2. Provide hard surface for all areas being used by vehicles. 3. Remove and maintain all refuse and debris from the North side of the building. 4. Provide five foot setbacks from the building for parking areas. 5. Provide more landscaping, especially along Osborne Avenue. Petitioner to work out landscaping plan with the City. 6. Reduce vehicle entrance to 32 feet maximum. 7. Remove all advertising signs from water works right of way and parking lot. 8. Remove the Meat Market wall sign. �� 10. The message shall not change more than once every 15 minutes and the message shall be non-moving during this 15 minute interval. Provide the City a b10,000 Performance Bond. Memo from J. Robinson To John Flora Dated 11/29/84 Page 2 Re: SP #84-24 for Bob's Produce The suggested time table for these improvments is as follows: Items 1, 2, 4 and 6 shall be planned and scheduled for completion by June lst, 1985. Items 3, 1, 8, 9 and 10 will be completed now or prior to issuance of the sign permit. Item 5 shall be installed prior to June 1, 1985. JR:jmo 9R i � �7i17A . . � �j 232 % ? �J . • :.ci . `. — :„ •` �•.. � ` •� s• ;; , .� � 1 � ,. / �' t. ` '� . , �s . . � � � , ; - — I G•a » , � /� � � , r°—r ��T � w,�. � ' / t • �� I�• • � • / � 4 �% / . / ,` S . � �/ ' ; �f / • � s�N E � � �1� WoY 3 • T,�~ � . �� 2 4 ♦ � �� , t�t�; 7 �j ; : L � L J � G� .,. t��,M* � .I• ' : '� - �` � • � ��ErNE�' �, � � ,4 X, GrREEK i •.. - - � "� r 9 � .� 1 '/ 1 ADD��(.�STE ? � � � f' �' � CM ►�i'Y.� qCqE Q - � , 1 a � � I ! : � � : $ S i 1 � .,:.N ��nKWOY � : ' :, z' .v oi :! � , �'�_ � �- -- ; _s � £� K N ; � '"-� ° {� % � i �; 8 , , , ; , -... � �� ; e , ,� _ �� + t R '' � • I �y��pl�' ' � ` � , ) .. �� Or��EACE C�QE S0� �� 5,.� . � v , � ' ' � - �---- � '-� �� • e � ��'� ' � .. / � w�Y � : o � nr_K� ''�� fy��" �� f�;J 4-� 4,� • � ♦ ♦ � • I � � � �� L._ r � l �' , 1J V 7 7 ! • �- , � �R�� 1 �• r , ^�� :� � ; • :� ti;:l' � � ' � �i � C OMMUr� � � j Q i� .�►�.1'�� , ,, t ��ryr��-,r� � /� � � `�1 .� �� S 4r► t �/�� as1 ' h Slp 9B 31 P#84-24 6ob:Schroer � r _ � A o r �c RK ; ��f� �B � .� M� . . � 1'° Q,,. . ` E `` . , s� : �; �; �. � � �� - . � : ��:�: � • � �,. ,� _�. . � . �� =-�= i • . 1� _ _ v C ACT TaaCT B Z //// //// RE��sTERE � ///�r// � LAN� � _ ///� / SUR � Y / � ` � / � /• i W �vf -- Q � � "� .�� ,S"►�� H . > � N � �:. 4.i I ��-��8� �' ~ �� J ;;�E''��; o '��"" t��`� +�� `""� - � �� D „ _ �'�,�,�'4- ,'°% .� i �s �'��; ��''-'�°��i �� ,�� ' •� '��• • • �, - � ';,� • • .a • � • ^c�. • • • • � - • ��• • � '�•�� 4-�.�.� • •._• : • �: ��• • „t, �� • •�� - • • •: �•�� :� . s •�• •� � i .�i �;i�'� •� .��.. � �� • � : j �`r i ,.��;�i�� ,� "�!�-�..� �Y.� ?,�-s., ^ . _:�•�,.,..:"S::"'� r,c,:F R� �' � � � . � � � • � ♦ ,� / / ., _--.. �i�►- i �� -� ._.. _ * � t +'� .. � , , ✓- !�j �� t j - �� ` . � � �• _ r.• _ � � -�� .i:it ,� � �� • � a s -�+- _ � FOR CONCURRENCE BY THE CITY COUNCIL December 3, 1984 Type of License: �: Approvect By: CHRISTMAS TREE Frank's Nursery 7620 University Ave.N.E. Fridley, Mn. 55432 Frostop Christmas Trees 7699 Viron Rd. Fridley,�tn. 55432 CIGARETTE Fridley Food Mkt. 8154 E. River Rd. Fridley, Mn. 55432 Midwest Super Stop,Inc. 8100 E. River Rd. Fridley, Mn. 55432 FOOD ESTABLISHMENT Fridley Food Mkt. 8154 E. River Rd. Fridley, Mn. 55432 Midwest Super Stop, Inc. 8100 E. River Rd. Fridley, Mn. 55432 RETAIL GASOLINE Midwest Super Stop, Inc. 8100 E. River Rd. Fridley, Mn. 55432 OFF SALE BEER Fridley Food Mkt. 8154 E. River Rd. Fridley, Mn. 55432 Midwest Super Stop 8100 E. River Rd. Fridley, Mn. 55432 Kent Kenard Sherman Hanson Andy Yantos F. Benson Andy Yantos F. Benson B. Benson Andy Yantos B. Benson Richard Larson Fire Inspector Richard Larson Fire Inspector -- LICENSES James P. Hill Public Safety Director James P. Hill Public Safety Director Steven J. Olson Health Inspector Steven J. Olson Health Inspector Richard Larson Fire Inspector James P. Hill Public Safety Director James P. H i 11 Public Safety Director Fees: $200.00 $200.00 $12.00 $12.00 �35.00 $35.00 $60.00 $25.00 $20.00 � A 11 0 CITr OF FR1ULEr EN6INEERIN6 OEPARTMENT 6�31 UMIVERSITY AVENUE NE FRIDLEY, MINNESOIA 55132 DATE: 11/26/84 T0: Honorible Il�yor ind City Councii City of Fridley 6431 University Avenue NE fridley, MN 55432 lfin�l! 'RE: Esti��te No. 9 'Period End�ng I1/26/B1 ior: Nalvorson Construction Co. 4229 - 165tA Avenue Myo�ing, MM 55092 STATEMENT Of MORK Miscell�neous CurD f� 6utter � Sideralk ------------------------------------------------------------------------------------------------------------------------- CONTRACT PR06RESS ----------------------------------------------=------------------------------------------------------------------------ ESTIMATED UNIT oUANTITY THIS TOTAL TOTAL CONTRACT J1EM QUANTITIES PRICE UNJT ESTIMATE AMOi1NT Re�ove md Repla�e Concrete Curb L 6utter 1,500 12.00 Lin Ft T2 1,11/ 20,568.OU Re�ove and Repl�ce Concrete CurD f� 6utter Less Than B5 Lin Ft 100 13.00 lin ft 0 0 0.00 Re�ove md Replace Concrete Cur� t� 6utter M/3' M�de Concrete Apron - 6' Th��k 200 1�.00 l�n Ft 0 14 980.00 Re�ove and Replice Concrete Cur� 4 6utter M/3' ride Concrete Apron - b' TAick Less TAm B5 Lin Ft 30 15.00 Lin Ft 0 31 465.00 Constru�t 5" Mide 4• Thi�k SideMalk 750 1.80 Sq Ft 0 t,021 1,837.80 rata� 23,B54.84 11 A SUMMARY: Driginil Contr�ct A�ount Contru t Additioas - CA�nqe Order Nos. Contr�ct Deductions - Ch:nge Order Nos. Revised Contrut A�ount Vilue Co�pleted to Dite SU910TA1 'A�ount Retained iD.OX) Less A�ount Piid Previouslr ' AMOUNT UUE THIS ESTIMATE CERTIFICATE DF 1HE CONTRACTOR f23,900.00 f0.40 f0.00 f23,900.00 s23,B50.80 :23�850.80 l0.00 f22,101.4b f1,�13.3� 1 ArreDy certify that the Mork pe�rior�ed �nd the �iterials supplied to dite under ter�s of tAe contrut for reference pro�ect, �nd �11 �uthorized ch�ngies tAereto, A�ve �n utual v�lue under tAe contr�ct of tAe a�ounts shown on this esti�ate (md tAe final qu�ntitie�s of the f�n�l esti�ate �re corre�tl, �n0 th�t tt�i5 esti ute is just �nd correct ind no put of tAe 'A�ount Due This Esti��te' his Deen received. By---------------------------------------------- D�te ------------------------ Contr�ctor's AutAorized Repre�sent�tive tTitle) CERTIFICATE OF THE EN6INEER I �ereDy certify tA�t 1 Aave prep�red or ex��ined this esti�tte, and tAat the contractor is entitled to p�y�ent oF thi5 j esti�ate under tAe contr ut for reference project. CITr OF fR1DlEy� INSPECTOR eY------------------------------------ � Checked B� � D�te ------------------------ Respectfull� sub�itted, CITr OF FRtDIEr By - - --------------------- - ---- ------------ JONN 6. FLORA, P.E. Public Ilorks Director 11 B /•� , . �� ' � � � ;�.� •�� . • _ . :�... �.. .��t = . r ; �C Atchitsctwro• Pl�nninp • Interior Dssipn • En�rpY Desip^ November 13, 1984 Mr. Mark Burch Assotiate City Engineer City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 �,�� S � P,eo`�e.r.rl S� 7 Invoice No. 8470-1 �,`T�(EPlF , r i ey y Ha >> on Sally Port, Video Taping Conmission No. 8410 PROFESSIONAL SERVICES• October 1 through 31, 1984 _ DIRECT PERSONNEL EXPENSES: 11 C � .'' '�.�, _ �1 3 hours [� i29.41 = i 88•23 44 hours @ 17.65 = 776.60 2,378.28 4. 3 x . _ REIMBUA:SABIE EXPENSES: Postage i •20 Phota�co ies 9•72 9.g2 TOTAI GOS7S t2,388.20 Credit in order to not exceed maximum _ s 388.20 fee a�f i2 000.00 _.___— TOTAI A�MOUNT DUE THIS YNYOICE �;2,000.00 �— Respect,fully submitted, :� • %11i�V ' CARL J. REMIC R.. AIA Princip�al � Minns�polis'Saint Paul � Twin Cities IntArnationai AirpOrt � Phosnix .: 11 D ttTr OF FRIDLEY EM6INEERIN6 OEPAR111ENi 6�31 UIIvERS1T1' AVEMUE ME FR1DlEr� hI�E50Ta SS13? 1ATE: 1�/28/9� Mo�or�ple 14�0► +e0 Gt� Cou�,c�l C�ty of FrtOle� 6131 lMivers�t� A�enue I� fr�Oler, !M SS132 ST 19B/-li: ti�n�l� RE: Est�ute Mo. 1� Per�oO End�nq 11/18/84 �or: N � S AspA�lt 1700 lndustr� Arenue Moti�, Iltl 553U3 __-__STATEl�MT pF IIORK ----------------------------------------------- ------•--------------•-----------•----•-------------------------- CONTRACT PR06RE55 �---------------------------------------------T------•------------•---------------------------------------------------•----- ES I�ti1ED 1�1T pUAMT1Tr TNIS TO�A� COMiRAC1 llE� pUAMTITlES ►RICE t!N!1 E51111ATE T01A1 MOUNT ---------------------------•-----------------------------•----------------------------------------------------------------- v�l�e Bo� Ad�ust�e�t !0 55.00 Eu� 0 9 /95.0�� IS' RCi Sto►• Serer 12 25.00 l�n Ft 0 208 - S,2GG.OG 1S' Rt� Sto►� Serer 11 20.00 ltn ft 0 T2 1,1/G.OU Construct C�tc� 6�s�n •6' S 750.00 Eu � 0 9 6,75G.00 tonst►uct t�tt� B�s�n 1 600.00 Euh 0 1 2,/UG.OU Ad�ust Fr��e tnd Ring C�sting IY BS.00 E�c� 0 12 3,S7G.00 Co��on E.c�v� U on 12050 2.65 Cu Yd 1�912 11�688 38,9:�.1t� Cou �n E=c+��t�on 3695 l.SO Cu Yd 0 850 !,??S.OU Co��or E=t�v�t�on 1500 2.50 Cu 1'0 0 1,SOU 1,75C�.QU br�nul�r 6o►roN 6039 1.00 Cu 1d 0 5,75� 11,5�8.6G �ir�nul�r Borro� S00 2.50 Cu �d 0 551 1,3B5.00 ``ioDsc�i Borro. 5700 0.05 Cu yd 0 0 O.OU �tod 1950 1.1Q S4 rd 0 10��32 It,6'?1.2G ��o►e Ccncrete Cu►D �nd 6utter 1825 1.50 l�n ft 2�147 1�31: 6,5!'..OG ancrete CurD md 6utter 8-618 9780 /.SS L�n Ft 0 B�?17 3y�796.85 ;Con:rete CurO ��d 6u;ter 8-618 4191 1.75 l�n ft 154 /,873 13,116.7; 6' Concrete Drive��y P�ve�ert 100 20.04 Sq Yd 0 �SS 9,1UG.00� Il�ter 150 7.00 R/6i1 0 18 11b.00 Aqq�eg�!e B�se ICl�ss Vf T188 6.15 ion 7I1 f1�097 )/,961.75 Aqq�eq�te Bise tCliss V1 27/8 1.15 Ton 525 3�510.6 27�2U1.15 qqreg�te B�se (Cl�ss V) 600 ).BS Ton 0 I/G.15 3�155.16 lnst�ll & itt Med»n P�rinq 1200 S.SO Sq it 0 90G 4,95G.G4 t�tw�nous 11�terial for T�ct Co�t 1529 1.fU WI 0 t�U25 1,1i7.SO e�r�ny Cours� Illstu►! 2681 lS.SO Ton 10,I.5 3�146.7 /2,/8G•15 e�r�nq Course Ili:twe 2I1 11.50 1on 0 0 �•�� e��inq Cou*u Il�iture �19 14.00 jon 4 4 �•�t ��inq Ccuru Ili�ttnt 300 23.Q0 �ot+ 0 302.5 6,451.SG inder Cou•sc 11i:tu►e 2167 l2.00 Ton l52.S 2.7�3.� 31�91c.6!� �nde� Cou►se ll�:ture 261 IS.SO Ton 0 230 3.1GS.GU �nder Courst M�:ture S97 13.00 Ton 0 113.4 5�311.24 �tu��nous R�te► »1 f�r Iiir 358.7 193.00 Ton 0 3�6.22 6t,B:G.16 t:tw:�out f1�te�»1 4or 11�: 16 195.00 Ton 0 l8 �,S1G.UG Reconstruct T�rqet Ile:r 1 704.00 E�t1+ 0 1 )4L.G:� euct E:c�v�tion 19Q0 1.00 Cu rd 0 G O.OG 11 E ed�nq �t eu �nd &u0 e�r �n1 & u0 nce Reloc�t�on �ide SoliO li�e Miite • Sol�d l��t Mitt Stripinq • Il�de Broten li�e M�te ' Douele Sol�l li�e Yello. �►e�er.t Mesi��e ?�e 1 �re�ent lless�qe T�e 2 >8' t�F t�oe � ►�• [RP Arro�s F�rn�sA �nd Inst�ll S�qn [�rD �nd 5utte+ V�lley �t IS' PVC Str� S!■er ��Iter f�Ent C��ge O►der t : - lnst�ll loop Detcctors TO1A: 0.9 � � 1 700 !60 10?0 T000 f2 9 �os 2 2�0.31 40 325 1900 2,OOQ.OQ �,000. o0 �so. o0 I�S00.00 1.I4 3.�0 1./0 1.50 120.00 110.00 �ZO. a� 1�340.00 25.00 9.00 18. 00 0.60 Acre ��.o s�• ��.� s�. lu�p Sw l�n ft �,� ct Lin Ft t�n Ft E�c� Eu� �,� Ft E,�n Sq Ft lsn ft l�n it so ra 2 0 0 0 0 0 0 O 4 0 0 0 0 0 0 0 z 1 1 1.3 710 110 1�0?0 2�000 12 9 ios � 21�.1: Zee 160 0 �,00a�� 1�00Q.�� uo. o0 1,950.QJ 9tQ.M' e�e. oa 1�116.00 S�OOO.Oi� 1,«:.�u 1.S.i0.OG i2,eoc.oe ?,e�o. o0 6�OOB.00 2,11:.00 13, e8(�. Oi� O.DU � s,000.00 tu.� s�. o � s,00c,.c:� ---------------------•---------------____--------•------------•--------------------------- S46,1Ib.99 _.---------=---=-------=-==-°-=---------=-°----=---------==-==--===-=-_-==--°-°-----------° ---- --- ------- - - --------- - ---- --------- - -- - - - -- - ---------- SunnaA, : �q�n�; Contr�;t A�ount ont►�ct Additions - C��nqe OrOer Mos. 1 f: I[or.tr�;t Deductiens - Ctu nqe 0►der Nos. pe��seC Contrict A�ount V�:ue Co�;1e!e� to D�te SU81 L�? p: � Moant Re:i�ned 1021 less p�ount P�iO Prev�ouslr A�tOUN? QUE TNIS ESIIMTE CER11F1CI1TE � TIE C�TRACTOR s1t9,��5.25 f1�,35;.8' :o.oe f19/�148.1: f506,11�.99 f506,116.49 f0.00 f�5:,�39.36 f53, 8t�7. 63 1 Ae►eb� ttrt�4� th�i tAt rork pe-sor�re �nd tAe �ite- »ls s�OD1�ed fo d�te under ter�s oF t�e tontrut for reference OrD)l::, �nd �11 �ut�or�:ea c�mqes thereto, A�ve m utu�l v�lue unde► tAe cont►�ct of tt�e ��our,ts showr on tl+�s K'.It�t! t�n! tAC f�n�! ou�ntst�es o4 tAe f�n�l tS�l�it! if! [OrftCtl� i�d tA�t t�1S lSt1�72t 1f jtlSt ��d [OTflC: i�d �0 p�1t D� t�! �A�DU�t pli! TA1i ES:i N:t� A�i p!!� flCtl�l�. D�t! ------------------------ P► ---------------------------------------------- Lo*;r�;tcr's �at�o►�:ed Rep�esenUttve tl�tlel 'pt)fICATE OF j1E EN61MEfR At►e0y tertify t��t 1 A�re prepured or ti��:neE tAts tstt�tte� and tA�t tAe contrutor 1s ent�tltd to ��ent Of tAts t��te und�r t1e untr ut fa rN erence P►o�ect. hTr 0� fplplfY� IMSPECTON IY rl-�Y\ ��_1_:7.�. _=�Ja� ( � � nect�d B� ..,- " ... r� jsic__.�tt� / ------------ O�te .:/ : 2__�!___ l^'�_--- Respettfull� sul��tte0� c�,� a cR�aEr , ^ ,r " �?�z- -L't:t,l---------•---- �ONN 6. FLORA, P.E. � PuEl�t rorts Dsrettor � 11 F =� 1=0R CONCURRENCE BY THE CITY COUNCfL -- CLAIMS CLAIN� �IUMBERS 30E510 - 335V05 ___._� �