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06/16/1986 - 5155OFFIQAL CITY �JNCIL AGFN�1 Q7UIJCIL 1�EETIl� JUNE 16, 1986 � � _. .� _ , FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: June 16, 19�6 NAME ADDRESS ITEM NUMBER � . / �r ■1 i____ FRIDLEY CI TY COUNCIL JUNE 16. 1986 Follow ing are the "ACTION5 TAKEN" by the Administration for your i nf orm sti on. ------------------------------------------------------------------ P E ENrATION AND CERTIFICATES: F:idley V�ri - Presentation of Donation Fitricia Gabel - Appeals Commission and Planning Commission H 3rold Belgum - Human Resources Commission D �le Thompson - Energy Commission F�idl ey VF%1 donation presented. Certif icates presented to H irold Belgum and Dale Thompson. Mailed certificates to Pat Gabel APPROV '�L OF MII3UTES : C�uncil bieeting, June 2, 1986 C�uncil Meeting, June 12, 1986 t4Lnutes approved as presented AD PTI)N OF AGENDA: A�d: Solicitor license for Mary Soba Proposed ordinance to change a sign code Resolution to assist Winfield Development for bonding PE F )RUt•1. VISITORS: (;onsideration of Items not on Agenda - 15 Minutes) M iry Martin appeared before Council regarding a c>mplaint about the business across from her home S:inner & Brickner real estate signs - administration t� contact City Prosecutor to issue citations for s'�gns in violation of the sign code � , Council Meeting, June 16, 1986 LD BCSINESS Page 2 Consiceration of Second Reading of an Ordinance Amendiny Sections of the Fridley City Charter and Addinc Section 1.04 (Def initions) . . . . . . . . . . . .� . 1 - 1 M C rdinance No. 8�? adopted CITY HANAGER--ACTION TAREN: Published ordinance in FridlEy Focus Consic eration of Appointments to Planning, Commur.ity Development, Appeals, and Energy Commi=sions . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2 A Z abl ed to J uly 7, 1986 meeti ng CITY hANAGER--ACTION TAREN: Item will be put on agenda of J uly 7 NELti BL SINESS • Consiceration of First Reading of an Ordinance Creati ng a Chapter of the City Code Relating to a 'I ax Imposed Upon Lodging . . . . . . . . . . . . . . . 3 - 3 F 7 abl ed to next meeting CITY HANAGER--ACTION TAREN: Staff has contacted other cities regarcing enforcement and projections for cost of administering, Item h ill be on July 7 agenda 0 . � R Counci 1 Meeting, June 16, 1986 hEW BL STNESS (Continued) Pa ge 3 Consic eration of First Reading of an Ordinance for a Vacation, SAV #86-01, Generally Locat�d at 55 - 77th Way N, E. , by Lesl ie Kohanek .......... . 4- 4 A C rdi nance adopted on f i rst reading COMMUPITY DEVELOPMENT--ACTION TAKEN: Ordinance is on next � ge.nda for consideration of second reading Consic eration of First Reading of an Ordinance for a Proposal to Change the Sign Code Section 214 of thE Fridley City Code . . . . . . . . . . . . . . . . . . 5 - 5 D 7 abled indefinitely COMMUtITY DEVELOPMENT--ACTION TAKEN: Tabled indefinitely Recei� ing the Minutes of the Planning Commission Mee ti � g of J une 4 , 1986 . . . . . . . . . . . . . . . . . . 6 - 6 I �leeti� g of June 4, 1986 . . . . . . . . . . . . . . . . . . 6 - 6 I � eceived COMMUI ITY DEVELOPMENT--ACTION TAKEN: Filed for future reference A. Cc nsideration of Final Plat, P.S. #86-02, Creek� idge Plat 2, Generally Located on Lot 1, Block 1, Hidden Woods; Outlot 1, Gena Rae Addition; part � f Outlot A, Dennis Addition; part of Lots 6 and 1�, Revised Auditor's Subdivision No. 10, by Richa; d Brickner, Thomas Blomberg and the City of Fridl��y ........................................ 6 - 6E lann.na Commission Recommendation: Approval & 6H - 6I w ith : ti pul ati ons ounc. i Action Needed: Set Public Hearing for July ' ,. 1986 ;�et hearing for July 7, 1986 MU'IITY DEVELOPMENT--ACTION TAREN: MaDe arrangements for p� blic hearing Council Meeting, June 16, 1986 � � � - . �� P�EW BCSINESS (Continuedl Pa ge 4 Consic eration of Agreement for the Lease of the "A" Frame by School District No. 14 . , . . . . . . . . 7 - 7 F P ppr ov ed ENT L SERVICE--ACTION TAREN: Ynf ormed applicant of Co� ncil approval •� Receiv ing Bids and Consideration of Awarding Contr� ct for Signal System Painting Proj ect No. 167 .... 8- 8 A t eceived bids- award contract for total bid to low t idder, A1 Erickson, in the amount of $29,243 PUBLI( WORKS--ACTION TAKEN: Infor�ed appropriate party cf Coi ncil approval Consic eration of a Resolution Endorsing the Efforts of the North Metro Traff ic Task Force Supporting Additi onal River Crossing Capacity tJeeds and Reque: ting a Commitment of Resources f rom the State of �linnesota and the Metropolitan Council to Im� 1 ement Responses to Identif ied River Cross� ng Needs in the North Metro Area ........... 9- 9 B Iesolution No. 47-1986 adopted by 4 to 1 vote PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized � � Counci 1 Meeting, June 16, 1986 NEW B[ SI2�ESS (Continued) Page 5 Consic eration of a Resolution Ordering Improvement, App r o� al of Pl ans and Adv er ti sem ent f or B ids f or Street Improvement Project ST. 1986 - 3 . . . . . . . . ., . 10 - 10 A F esolution No. 48-1986 adopted pUBLI( WORR --ACTION TAREN: Proceeded as authorized Consic eration of a Resolution to Correct Error and to Re: cind Delinquent Sewer and Water Account Certii ied on West 1/2 of Lot 3, Lucia Lane Addition, and tc Recertify this Delinquent Sewer and Water Accour t on the East 1/2 of Lot 3, Lucia Lane Addit: on for the Second Half of 1986 Tax Statement ..... 11 - 11 B ].esolution No. 49-1986 adopted E TRi.L SERVICE--ACTION TAKEN: Proceeded as authorized Appoi� tment: City Employee concurred CITY lANAGER--ACTION TAKEN: 0 . . . . . . . . . . . . . . . . 12 Informed accounting of new employee Councl � Meeting, June lb, ly�b NEW BU�INESS fContinued) rag� o Licens es . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13 B A �pr ov ed CENTRAL SERVICE--ACTION TAREN: Issued licenses � Clai m s . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 • A �pr ov ed E TRAL SERVICE--ACTION TI�REN: Paid claims Estima tes . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 B A ppr ov ed NT L SERVICE--ACTION TAKEN: Paid estimates Consiceration of Issuing a Solicitor's License for ria ry � ue S obr a . . . . . . . . . . . . . . . . . . . . . . . 16 A ppr ov ed Consiceration of First Reading of an Ordinance to Change the Sign C�de by Amending Sections 214.02, 214.05 and 214.15 .. 17 Fefer to Planning Commission before second reading C MMUrITY DEVELOPMENT--ACTION TAKEN• Will forward proper or ai na nce change to th e Pl anni ng Comm i ssi on bef or e se co nd readir g Resol�tion No. 50-1986 Relating To Assisting Winfielol Develc pment, Inc. , In Obtaining An Industrial Development Bondir g Allocation By Finding That the Proj ect Site Would qualif y as a Redevelopment Tax Increment Financing Distict. . 18 F esolution No. 50-1986 adopted MU ITY DEVELOPMENT--ACTION TAKEN: ADJOUF �I: 10 :15 p. m. � Proceeded as authorized u �� ■► I' 1 I : :1 FRIDLEY CI TY COUNCIL JutvE 16, 1986 - 7:30 P.M. .� � �► :1� � : FZIDLEY VFW — PRESENTATION OF DONATION P�TRICIA GABEL — APPEALS COMMISSION AND PLANNING COMMISSION H�ROLO BELGUM — HUMAN RESOURCES COMP�1 I SS I ON DaLE THOMPSON — ENERGY COMMISSION :":� � ► �� C)UNC I L I�IEET I NG, C)UNCIL MEETING. :1 �' 1 1 �:�Ci�►1�):� I' ► : �: JurvE 2. 1986 JuNE 12, 1986 (�ONSIDERATION OF ITEMS NOT ON AGENDA — 15 MINUTES) i COUNC I. P�IEET I NG, .lUNE 16. 1986 � 1 : nl�►�►� PAGE 2 CONSID:RATION OF SECOND READING OF AN ORDiNANCE AMENDI�G SECTIONS OF THE FRIOLEY CITY CHARTER AND ADDING SECTION 1.04 (DEFINITlONS) . . . . . . . . . . . . . 1'- 1 M COtJS I D=RAT I ON OF APPO I NT��IENTS TO PLANN I NG. COMh1uNITY DEVELOPMENT. APPEALS, AND ENERGY Co�ti� i s � i o�v s . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2 A .: ► COySIC=RATION OF FIRST REAOING OF AN ORDINANCE CftEATIVG A CHAPTER OF THE C4TY CODE RELATlNG TO A T 4X � MPOSED UPON LODG I NG . . . . . . . . . . . . . . . 3 - 3 F COUNCI_ MEETING. �UNE 16. 1986 � : ► •► ► � PAGE 3 CONSIC=RATION OF FIRST READING OF AN ORDINANCE FOR A VACATION, SAV #86-01. GENERALLY LOCATED AT 55 - 77TH WAY N. E. . BY LESL I E KOHANEK .......... �F� - 4 A CONSICERATION OF FIRST READING OF AN OROINANCE F�R A PROPOSAL TO CHAN6E THE SIGN CODE SECTION 214 OF THE FR I DLEY C I TY CODE . . . . . . . . . . . . . . . . . . 5 - 5 D RECEII�ING THE P�1INUTES OF THE PLANNING COMMISSION h1EETIrG oF �UNE 4. 1986 . . . . . . . . . . . . . . . . . . 6 - 6 I A. CCNSIDERATION OF FINAL PLAT. P.S. #86-0Z. CREEKFIDGE PLAT 2. GENERALLY LOCATED ON LOT 1. BLOCK 1. HIDDEN WOODS: OUTLOT 1. GENA RAE ADDITION; PART (F OUTLOT A. DENNiS ADDITION: PART OF LOTS 6 � AND 1�. REVISED AUDITOR'S SUBDIVISION N0. 10. BY RICHAFD BRICKNER. THOMAS BLOMBERG AND THE CITY OF FRID�EY ........................................ 6 - 6E p�g�� N� C'OMM I SS ! ON REGOt�iMEHDAT I ON ; APPROVAL & 6H - 6 I WITH `.tIPULATIONS CQUNCI� ACTION NEEDED; SET PUBLIC HEARING FOR .1UL Y i . 1986 r . J �, JuNE 16, 1986 : ► •► ► � PAGE 4 CONSID:RATION OF AGREEMENT FOR THE LEASE OF THE "A� FRAME BY SCNOOL DISTRICT N0. 14 . . . . . . . . . . 7 - 7 F RECEIVING BIDS AND CONSIDERATIOiJ OF AWARDING CONTRA�T FOR SIGNAL SYSTEM PAINTING PROJECT N0. 167 .... 8- 8 A CONSICERATION OF A RESOLUTION ENDORSING THE EFFORTS OF THE NORTH h1ETR0 TRAFFIC TASK FORCE SUPPORTING ADDITIONAL RIVER CROSSING CAPACITY NEEDS AND REQUE�TING A COh1MITMENT OF RESOURCES FROM THE STAZE OF N1INNESOTA AND THE METROPOLITAN COUNCIL TO IMFLEMENT RESPONSES TO (DENTIFIED RIVER CROSS NG NEEDS IN THE NORTH P�IETRO AREA ........... 9- 9 B PAGE 5 : •► ► � CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT. APPROV�L OF PLANS AND ADVERTISEMENT FOR BIDS FOR STREET IMPROVEMENT PROJECT ST. 1986 - 3 . . . . . . . . . . 1(d - 10 A CONSIDIRATION OF A RESOLUTION TO CORRECT ERROR AND TO RES�IND DELINQUENT SEWER AND WATER ACCOUNT CERTIF ED ON WEST 1/2 OF LOT 3. LUCIA LANE ADDITIUN, AND TO RECERTIFY TH1S DELINQUENT SEWER AND WATER ACCOUN� � ON THE EAST 1/2 OF Lo7 3. LUC I A LANE ADDITIiiN FOR THE SECOND HALF OF 1986 TAX STATEMENT . , . . . 11-118 APPO I N"h1ENT: CI TY EMPLOYEE . . . . . . . . . . . . . . . . 1Z COUN;IL MEETING. �UNE 16, 1986 1 r 1! •, ► � PAGE 6 LI CE �SES . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13 B C�A�� s . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ESTI h ATES . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 B : � .� 1 5 0 , THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETIM6 OF JUNE 2, 1986 i �__�1�4_ • 4: ; ?rl�=_� Y!?��1 !�. • _4�_ �� _ � �• � • �� .. �: e Regular N�eeting of the Fridley City Co�cil was called to order at 7:35 p. m. tr� Mayor Nee. � �� • s-- � � M� yor Nee l ed the Council ancl audi ence in th e Pl edge of Al l egi ance to th e F] ag. � LL CAL�L: N�I�BFRS PRFSFNT: Mayor Nee, Gbtmcilman Barnette, do�cilman 5chneider, Cbuncilman Fitzpatrick and Councilman Goodspeed MENBFRS ABSFNT: None A�PROVAL OF MINUTES: OOUNCIL MEETING, MAY 19. J.986: NL rION by Co�cilman Schneider to apprave the minutes as presented. Seoonded b� Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee de rlared the motion carried unanimously. �L �PTION OF AGEDIDA• Tr: follaaing items were added to the agenda: (19) Consideration of a RE �lution CAnfinning Assessnent for the Mar-Len Plat for Street Impravenent Pr �ject ST 1986-1&2; (20) Consideration of a Resolution Authorizing and Di recting the Splitting of Special Assessn�ts for Parcels 1800 and 1810, SE rtion 3; (21) Consic3eration of Qiange Order No. 1 for Street Improvement Pr �ject ST 1986-1&2; and (22) Receiving M�no dated May 28, 1986 from Dave NE �man, Assistant City Attorrrey Re: Sicpz Ordinance as it relates to Mr. Sklnner's Property. I� rI�N by Councilman Fitzpatrick to adopt the agenda with the above ac iitions. Seoonded b� Councilman Schr�eider. Upon a voice vote, all voting ay e, Mayor Nee declared the mo�ion carried unanimously. � �1 FORUM. VISITORS • ,,� �IS ON R�1LPH SKINNER' S PRUPEfZ'I'Y: Ma �or Nee stated they are a nunber of people present who were at the last Cc lncil meeting and voiced their objections to signs located on Air. Sk.nner's property. Ma ►or Nee stated the Council requested a report frosn the City Attorney co Zcerning the City's power to regulate this kind of a sign use in re �idential areas. _ Mr Herrick, City Attorney, stated his office has reviewed the ordinance and -1- r�� s(�� 1�. � �� ' � • it does not specifically oover this particular situation. He stated this is a ooncern as well as the wncern about whether there may be an issue af free speech involved. He stated, to sutmarize the msno the Council received f rcxn his offioe, it is their reoo�nendation, if this matter isn't resolvec3, the G�ty take steps to amend the Sign Ordinance to specifically cover this situation. He stated if it is then still in dispute, to institute a court action, a declaratory judgne.nt, asking the oourt to find the signs that are preseritly in existence in violation of the City ordinance. Mr. Herrick stated he felt language in the present Sign Ordinance is not specific enough to include the sic�s in question. Mr. Herrick stated he didn't think the City has the a�thority to oomgletely prohibit that type af activity. Mayor Nee stated it should be made clear that type of sign wouldn't expressly be prohibited, and the City woulc�'t �ess any law that, in fact, would reduce someone' s abil ity to publ ish thei r ideas. Mr. McCulloch, 6185 Heather Place, didn't feel the ans►aers this evening were any different than from the last meeting. He felt the signs on Heather Place served no purp�se to anyone and thought Mr. Skinner was cbing this to get on with his progran o�f self-irr3ulgence. He felt some action should be taken. Mayor Nee asked that Mr. McCulloch be given a wp� of the meno f rcm the City Attorr�ey's Offioe. He stated this issue has been well-researched. Councilman Schneider stated it isn't a trivial matter of exercising police power to renave the signs, but there is a oonstitutional issue invalved. He stated he c3aesn't necessarily agree with what Mr. Skinner is doing, but believes he has the right. Mr. McCulloch stated he cbesn't disagree a person should be able to say what he warits, but only to a degree where there is a limit on the number of sic�s. He felt the sicgis are creating a nuisance in the area. He felt the courts should make a decision in this case and the City has an obligation to support the residerits who are obj ecting to the signs. Councilman Schneider stated the question he has is on what do they take Mr. Skinner to c�urt, if the City Attorney's opinion is the City doesn't have an ord,inance to o�ver the type of sic�s Mr. Skinner has on his property. Mr. McCulloch stated there are violations in the setbacks, size and quarrtity of signs. Cotuzcilman Schr�eider stated the setbacks in the Sign Code rel ate to political, oommercial, and real estate signs, but don't include signs that are an expression of an opinion. Mr. McCulloch stated their only option then is that it is a blight on the r�eighborhood and felt their taxes should be reduoed. Ms. Meierbachtal, 6171 Heather Place, asked if the City Attorney was aware there are two types of sic�s. She stated the real estate signs relate to this issue. -2- �i 1 I 1�. � 11�� . Herrick stated he is aware there are two different types of signs. _; 3ted it may be p�ssible to bring action on the sic�s relating to the e: tate and have this resolved, but it won't solve the probl.en. He real M: ., Meierbchtal stated th� are only asking for enforoe�nent o�f the existing cc 3e. Mt s. Vasecka, 5427 4th Street, stated she supported Mr. Skinner. She stated nc one tried to help then when they didn't warit Catun�ity Options located in ti� ei r area. Mr s. Nelson, 6080 Ceritral Avenue, stated she also supported Mr. Skinner. SY � felt Mr. Skinner didn't put that sign up to irritate anyone, but to e} �ress haa he feels. She stated if ariyone else was landlocked, they knaw hc � he feels. She stated she was in the same situation. She stated he is pe ,�ing taxes for his laix3 and should be able to have the signs. Nir ,�an Brickner, 6199 Heather Place, stated Mrs. Nelson mentioned Mr. �c Lnner was landlocked. He stated he questions if Mr. 5kinner is any more 1� zdlocked today than the day he moved into his hcme. Ma �or Nee stated the statenerit about being lar�dlocked is false and nothinq ha� happened to change Mr. Skinner's status. Mr. Brickner stated this means yc � can put anything you war►t on a sic� whether it is true or false as his na �e is on Mr. 5kinner's sic�. He stated one si� says he has lots for sale an � the property isn't even platted. Ma �or Nee stated the fact is there may be falsehoods on those signs, but Mr. Bz ickner may be better off taking a private action regarding these fa .sehoods, as the City is not in a p�sition to act. Ma �or Nee stated the issue on whether the Council should take steps to ch inge the ardinance will be discused later in the meeting. He felt, even if there are amenc�ients to the Sign Code, this type of activity cannot en .irely be suppressed. Co incilman Schneider felt Mr. Brickner and Mr. Skinner should meet to re Alve the issue that caused the sicy�s to be put up in the first place. Mr Skinrer stated it is unfair to ask the Council to iron out a problen wh ch is between him ancl Mr. Brickner. � Ms Meierbachtal skated she would like the real estate sicyzs measured to see if thEy meet the o�de. She stated if they find permits are r�eeded and there ar� � none, she felt this should be cited as a violation. Mr. David Anderson felt, in order to settle this arc�,unerit, access should be pr�vided to Mr. Skinner's praperty. Ma� or Nee stated a prop�sal. has been su�mitted to Mr. Skinner to try and re Qlve this iss�e. -3- �� . ��+ s. • 1� � LZZ� Mr. Qureshi, City Mar�ager, stated what has been propo9ed to Mr. Skinner is, if he desires to Fey the oost of access to his �operty, the City would work with Mr. Brickner to aoquire that access. He stated, in 1982, the City assessed Mr. Brickner $179,554 which is an assessmerYt against 11 lots. He stated the City is proposing taking this same figure and divide it �by 16 lots (11 for Mr. Brickner and 5 for Mr. Skinner) or a cost of $11,222 per lot with four years of iriterest at 9$, for a total of $15,261 per lot for Mr. Skinner. Also, the City would be willing to defer the cost up to five years at 9� interest. He stated, if this is acceptab�le with Mr. Skinner, he wou�d be payi.ng exactly what Mr. Brickner g3id for his 11 lots plus Mr. Brickner would have given all the right-of-way. He stated all the road is actually on Mr. Brickner's property. He stated Mr. Skinner would have the advantage of the entire street which has been oompleted and know what is developed to the south o� his property. Mr. Qureshi stated the City is waiting for a reply frcm Mr. Skinner regarding this proposal. Mr. Skinner stated the reason he hasn't reglied to Mr. Qureshi's letter is that he was astounded b� the hypothetical proposal. He stated if the City had assessed his property in 1982 aryd deferred the aost, he would owe them $20,000 in interest. He stated he can't tmderstar�d if they would have done something that didn't happen, how he could be charged $20,000 on a hypothetical question, arid is seeking some legal advice. He stated the City is assuning he woulchi't have sold the lots. He stated he wouldn't pay 9$ ir�terest to the City for four years. Ca�cilman Schneider asked Mr. Skinner if the matter of the $20,000 in irrterest wasn't a oonsideration, if he would be vomfortable with the other i ssues. Mr. Skinner stated he intends to have a counter-proposal in a matter of days. Co�cilman Barnette stated it seems the proposal by the City Manager is reasonable and fair and hoped progress can be made to resolve this issue. Mr. Skinner stated he appreciated the Council's gatience in trying to resolve the matter and would try to o�operate. He didn't want the Council to feel he was trying to p�int them out as the "bad guys" and it wasn't a personal thing. PUBLIC HF��FtINGS • 1. PUSLIC HEARING ON THE MATTER OF A VACATION REQUEST. SAV #86-01, GENERALLY IACATID AT 55 - 77TH WAY N.E., BY LESLIE KOHANEK: NDTION by Councilman Goodspeed to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon voice vote, all voting aye, Mayor Nee declar� the motion carried unanimously and the public hearing ope�d a� 8:45 �.m. Mr. Robertson, Cbmn�ity DeveZognent Director, stated t,his is a request for the vacation of a drainage and utility easeqnent which ranains wer the west - 4 - �. 1�4 ��. � i�� ' ' � � e-half : cation sc uth � �' vacated Gtmwood Street. Mr. Robertson stated the reason for the is the petitioner is proposing to construct a warehouse to the the exi sti ng buil ding. Mt .. Robertson stated there is also a variance and special use permit a: sociated with this vacation request which is on the Gbimcil's agenda later ir the meeting. Mz. Robertson stated Minnegasco and Northern States Power have been a ntacted and Minnegasoo indicated their line is strictly private and have nc iriterest in maintaining an easement. Mr. Robertson stated Northern St �tes Pbwer has a line, but is willing to work with the petitioner for a pr ivate easenerit. Mr , Robertson stated the Planning Commission has recommended approval of th Ls vacation request with three stipulations which he outlined. Cc uncilman Goodspeed asked if the correct address is 77th Way or 77th Av �nue. Mr. Flora, Public Works Director, stated it was originally Way and wa � rhanged about a year ago to Avenue. He stated, at his time, hawever, th : mailing address is still being used as Way �til �e address c�anges are ad �pted. Nc persons in the audience spoke reyarding this prop�sed vacation. ND CION tr� O��cilman Goocispeed to close the public hearing re �uest. Se�nded b� Cotmclman Fitzpatrick. Upon a voioe ay e, Mayor Nee declared the motion carried unanimously he �ring closed at 8:47 p.m. QL ) BUSINESS: on this vacation vote, all voting and th e publ i c �• n�+•� •� � •a • � ::. � • � • ��; • �� • � � �� _ • ii • • • � � .� � �, • , �11 YI • • � ��. � �, �• 1� � • ' � ' a• ' ' i • 1 �� i.�� ; .'N� � • ?� •.�, 'J� • M� • }� ' � � � • ? /• .. �_ , ' M� ��" • �!� 1 1 �1 �' ` � � � ' �d Ma� or Nee felt Item 3, oovering the variances should be discussed before oo� �sidering the special use germit request. Mr. Flora, Public Works Director, stated the variances requested by Q Pet roleun are to a].laa then to rebuild their existing service station. He st� ted the Co�cil had suggested that possibly, by vacating and combining th� ri�t-of-way the City currently aans to the east, the building may be re� ligned and use the available groperty fo�� better access off 53rd and Cei tral. Mr. Flora stated the petitioner met with representatives of the bnbers -5- ��.��. ��_?! !�_ • 1J�! ' : . Restaurarrt. and came up with an alternate proposal, based on the Council' s suggestions. He stated there were some problens in reaching an agreement with ETnbers arx3 the petitior�er has naa oame back with the original proposal. Mr. . Flora stated a total � four varianoes are requested. He stated one is to reduce the required lot size from 35,000 to 23,746 square feet; to reduce the front yard setback fran 80 to 70 feet aff 53rd and the access drive; to reduoe the rear yard setback f ran 40 feet to not less than 15 feet; and to reduce the driveway/parking setback from 20 to 10 feet and 5 feet respectively on the easterly lot lir�e and 10 feet on the southerly lot 1ir�e. Mr. Flora stated the variances are required because this property is zoned C-3 which is more restrictive than a C-2 zone. He stated if this was zoned C-2, only a variance for the parking would be needed. Mr. John Kosnas, IQZ Desic�, stated they are proposing a 1,400 square foot building and the car wash is 720 square feet. He stated, currently, their building is 1,300 s�uare feet. He stated the request for the variances would ranain the same regardless if the� have the car wash or not. ��cilman Schneider asked why the diff erences with Dnbers couldn' t be resolved. Mr. Flora stated there were a nunber o� issues. He stated Q felt they were being required to build, mairitain, and operate all the roadway and Dnbers wanted line-of-sic�t priority and the service station restricted to a 107 foot setback rather than the 80 foot setback. Mr. & Mrs. Brannon, aaners of the car wash to the west of this property, were wncerned about their visibility from Central Avenue. Mr. Brannon stated the building is naa located on the west side � the lat, but with the proposed rebuilding, it eliminates their site lines. Qoimcilman Goodspeed felt this raises the question if the City has the right to stop a major project because the property awners in back want to have exposure. Mr. Brannon stated the Gity has an ordinance that addresses this poirit. A�r. Qureshi, City Manager, stated the ordinanoe addresses traffic site lines, and not busir�ess site lir�es. Mr. Herrick, City Attorney, stated the fact is this is an existing lot and the requirenents have c�anged so it isn't o�nforming which creat�s somewhat of a grandfather situation. He stated he felt it affects not only the variance, as far as the s�uare footage of the lot, but has some effect on the validity of the request for variance on the distances from the lot lines. He stated if the City were to apply a strict application of al.l the front yard setbacks, rear yard setbacks and side yard setbacks, in general, you might have sane existing lots that would be non-buildable. He didn't think the City would want to get into this position. Mr. Herrick stated he is not saying the Cowzcil has to allaa this specif ic size building on the lot, but have to make it be a reasonable use c� the property. Mr. Kosmas stated he wouldn't be able to comply with the setback -6- �. � �� 1J�! • ' . r�uirenents by moving the building forward. He stated, with this c�nfiguration, they have better oontrol o�E traffic and access. Mr. Kosmas s:ated Mr. Brannon's property is located belaa their site and he can't keep f:an blocking that site no matter where they locate the building. M�. Kosnas stated he wuld build a larger building by code requir�nents as t �is building would oover only ab�ut 10$ of the lot. Q�tmcilman Fitzpatrick s.ated a larger building oould be oonstructed in terms of lot wver, but in t�rms of setbacks, it oould not. M. Herrick stated the lot aoverage is only one requirenent, but you have to m�et other requirenents of the oode which ooulch�'t be met on this particular 1>t. He stated if you have a strict requirsnerit of ineeting all setbacks on tJ is property, it may end up nothing could be built. M. Brannon stated both the Appeals and Planning Commission were concerned a;but overbuilding on this lot. He felt the lot would not only be o� erbuilt, but traffic would increase. Mr. Brannon presented pictures of t: affic in the area and felt the expansion of this business would add oc ngestion to an already craaded intersection. Mr. Brannon also felt there w� sn't a hardship. N� yor Nee asked if the variance meets the test af hardship on the matter of tt e square footage. Mr. Herrick felt Mr. Brannon's comment may have some v� lidity. He stated increasing the size � the building is really creating a hardship. He statec3 if the building r�nained the same size, he didn't kr aa what affect it would have in terms of the variance and if there would bE less need for same � the variances or if some oould be eliminated. Mc . Herrick stated a hardship may be self-created, but on the other hand, tY e Council has to allaa the aarrer o� the lot to make a reasonable use of tk e property. He felt if there was a reasonable tise, without the variances, it siiould be explored. Mr. Herrick stated the size of the lot has been rE �uced because c�f various g�verrment actions and is something the Council s1- �uld take into oonsideration. (,x mcilman Goodspeed stated variances are r�eeded in order to have something bu Llt on this lot. He stated he didn't want to tell s�meone they couldn't b� ild because the property in back of them has to remain visible. Gc .ulcilman Goodspeed stated he would like to help Mr. Brannon on a variance fc : the height af a si�. ND �IDN by Go�cilman Goodspeed to grant variance VAR �86-03 to reduce the re �uired lot size frctn 35,000 to 23,746 square feet; to reduce the front ya :d setbacks fran 80 to 70 feet on both the access drive and 53rd Avenue; to reduce the rear yard setback fram 40 to not less than 15 feet; and to re �uce the driveway/parking setback f rom 20 to 10 feet and 5 feet re �pectively on the easterly lot lirn and 10 feet on the southerly lot li�. Se bnded b� CA�cilman Barryette. Qo mcilman Fitzpatrick stated h� daesn't see a hardship, but is n�ot going to th� rart Councilman Goodspeed` s investigatim into this matter. -7- ��.�� l�� . �� I • : • Cbu�ilman Schneider also questioned the hardship issue relative to the size of the building, but would support the motion. UF�N A VOICE VO'I� TA�I Qd �iE ABoVE NDTION, all voted aye, and Mayor Nee declared the motion carried unanimously. • M�TION by Councilman Goodspeed to approve that portion of special use pernnit, SP #86-02, to allaa a motor v�icle fuel and oil dispensing service at 5300 Central Avenue b� Q Petroleun, with the follvwing stipulations: (1) petitioner to otbtain approval and implement a landscape plan; (2) petitioner to obtain approval and implement a storm drainage plan; (3) petitioner to sutrnit a performance bond to cover site improvenents; (4) protective measures to be implemented to mitigate any erosion or destabilization of surro�ding property; (5) an approved utility easement across the r�ortherly p�rtion of the property be grarited to the City; and (6) petitioner to work wth City staff on the location of the du►npster. Seoonded b� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 'Ihe Coculcil then discussed the other gortion of this special use permit relating to the car wash. Mr. Kosnas, I�C Design, stated the Co�mcil has a regort done b� their traffic �nsultant, Barton-AscYunan Associates, Inc. , which indicates they do not anticipate arry operational problens orrsite or any queuing onto the street. Mr. Kosnas stated they intend to loop the traffic to the back of their establ ishment. Mrs. Brannon stated the winter season is the busiest for the car wash business. She stated there would be a problem with congestion at this intersection, with the addition of a car wash, in addition to the ttaffic at the Target store during this season. Mrs. Brannon stated studies indicate that a car wash would increase business for Q F�troleun ir� 30$ resulting in increased traffic. Mr. Qureshi, City Manager, stated the Council has provided a number of variances to allaa oonstruction on this site ar�d traffic is a major concern at this intersection. He felt a car wash at this irYtersection, because of the traffic, may �t be pruderit. Mayor Nee also voiced concern about the water coming off the cars and causing the roaciaay to be icy. Mr. Kosmas stated they have a blawer and dryer systen to renuve surface water, haaever, there would be some lef t on the vehicles. He stated they try to control the moisture as much as possibl e. NDT�DN b� Cow�cilman Goodspeed to deny that portion of special use permit, SP #86-02, o�ncerning a motor v�icle car wash establishmerit at 5300 Central Avenue, by Q�troleun. Seaonded by Co�cilman Fitzpatrick. Councilman Schneider stated he is concerned about traffic at this irYtersection and, while every busi�ss should prosper and graa, a n�unber of � � � � ��, ! �e!___ !�. � 1�� ' ' • ,:ianaes were granted. He stated he would support the motion for denial �� the car wash due to the increase in traffic that would be qenerated. UP ►N A VOIC� VO►I'E TAI�1 Q�l �iE ABOVE NDZ�ON, all voted aye, and Mayor Nee de lared the motion carried unanimously. � 4. .QQ JS�DERATION OF A VARIANCE RD�UEST. VAR #86-06. GIIVERALLY LOCATED AT 6299 ,U�j VEI2.SITY AVENUE N.E., BY W. G. DCn'Y: Mr Robertson, Co�nunity Development Director, stated this item was tabled at the last Council meeting in order to allaw time for Mr. Harris and Mr. Do� .y to meet to try and work out a solution for the parking. Mr. Robertson st+ ted an arranganent has been made f or Mr . D�ty to �se pa r ki ng f acil i ti es on the Harris/Herrick property, therefore, only two variances are now ne� �ded. Mr. Robertson stated the variances rquested are to reduce the side yard se• back on a corner lot fram 80 to 30 feet and to reduce the side yard se� back south o� the building frcm 15 to 10 feet. Mr. Robertson stated if th� se variances are approved, staff recommends 12 stipulations which he oui lined. Co �ncilman Barnette asked who awned the driveway to the south of this prc perty which was t�ed t� the Cable Television oompany. Mr. Harris stated th� y have a joirn. use with �e Cable oan�any. Mr. Harris stated he wanted to make sure the proper drainage is provided so th� re isn't any additional drainage onto their property. He also stated he wai ted to make sure there is no access to Mr. Doty's building on the south sic e. Mr. Harris stated the glan is to pravide Mr. Doty with seven parking st� lls in order for him to move his building back farther fran the service dr� ve. He stated Mr. Doty has agreed, if the Harris/Herrick building rec uires additional parking, he wi11 prwide this parking (as shawn on the sit e glan and desicy�ated as possible future parking) and pay 70$ of the ao: t. Cot ncilman Barriette asked if there would be a problen with snow storage. Mr. Doty stated the snaw will have to be pushed to the west. He stated the dri �eway wi11 be sloped on the east and natural drainage will be to the sot theast. Mr. Doty stated the south errtrance has been elimin�ted. tdr. Herrick stated the only problen he oould foresee is the question of the dri �eway irrto the Catale Television oompany. He stated he and Mr. Harris had a= oir�t. driveway agresnerit. He felt if the City is going to request joint dri raaay and parking easement on the portion of the driveweay that runs noz th/south, it would have to wme fran the aaners of the cable television von pany. Mr. Doty stated it oould just be elimirr�ted fran their plan. Mr. Harris stated he would like a stipulation added that there be no doors on the south side of the building. Mr. Doty stated he would have no obj �ction to this being aclded to the stipulations. -g- ��1�: r i ��. • 1�� :. NDTION tr� Co�mcilman Goodspeed to apprave variances, VAR #86-06, to reduce the side yard setback on a oorrrer lot (off � 63rd Avenue) fram 80 feet to 30 feet and to reduoe the side yard setback on the south of the building frcm 15 feet to 10 feet, with �e follaaing stipulations: (1) petitioner to make architectural facade modifications as submitted tr� Staff (the addition of th e canopi es and th e c�angi. ng of th e entry way s as noted w il l pr av ide f or a more aesthetically pleasing and functional building) ;(2) provide landscaping per plan as sukmitted tr� Staff (landscaping to include brick and trees, as per Ceriter City motif, along the University Avenue service drive as well as berming alo�ng the servioe drive and 63rd Avenue - this plan is consistent with the landscape motif established for Center City); (3) provide brick dumpster enclosure with chain link gate with virYyl slat inserts o�lored to match brick; (4) architectural facade materials includng brick and metal panels, to be a�nsisterit with other Ceriter Gity materials - samgles to be su�mitted for Staff appraval prior to building permit; (5) all signage to be a�nsisterit with �e Ceriter City sign program - this includes back lic�ted address nunerals, style and color of signs to be consistent with Center City motif; (6) site plan modification to be implemented consistent with Staff redesign; (7) provide a 25 foot triangular right-of-way on the corner of 63 rd Av enue and Univ er si ty Av enue (specifications to be worked out with Engineering staff) ;(8) provide a walkway easement for the sidewalk along the University Avenue service drive; (9) pravide parking lot lighting the same as other fixtures used in Center City; (10) provide a drainage plan for Staff approval; (11) provide a perf ormance bond to oover all outside imprwenents (amount to be determined with application); (12) petitioner to secure and rec�rd joint driveway and parking easements with aaner to the south; and (13) there will be no exits or entrances on the south side of the building. Seconded by Councilman Fitzp�trick. Up�n a voice vote, all voting aye, Mayor Nee declared the moti on car ri ed unanimously. 5. ORDINANCE N0. 856 REOODIFYING TfiE FRIDLEY CITY O�DE BY AMEt�IDING CHAPrER 512, E�TrITLID "N10'I'OR VEHICLE REGULATIONS ON PUBLIC. SEMI-PUBLIC. AI�ID PRIVATE P%?PEF�Pl'". BY ADDING SDCI'ION 512.07. AI�ID RENUMBERING THE CURRENT 512.07 TO 512.08: � 7. NDTION b� Councilman Schneider to waive the seoond reading of Ordinance No. 856, adopt it on second reading, and order publication. Seconded by O��cilman Barnette. Upon a voice vote, all voting aye, Ngyor Nee declared the motion carried unanimously. �IVSIDE�ATION OF APPOINrMII�5 TO OOAg4UNITY DEVEIAPMEN!', APPFALS. AND ENERGY OONIl�IISSIONS : NDTION b� C;ouncilman Schneider to table these appointments. Seconded by Gbvncilman Barriette. U�n a voice vote, all voting aye, N�yor Nee declared the moti on car ri ed unanimously. NA�I BUSINFSS • QOIVSIDERATION OF FIRSI' READING OF AN ORDINANCE AMENDING SECTIONS OF THE FRIDLEY CITY CFi�.'ER ARID ADDING SECTION 1.04 (DEFINITIONS) : - 10 - 8. J�. _ y��+ _�. �� 1�� :. ; rION by Councilman Sch�ider �� 3inanoe upon first reading. vc i ce vote, all voti ng ay e, im inimously. to waive the first reading and approve the Seconded by Councilman Goodspeed. Upon a Mayor Nee declared the motion carried 1 f � • 1 • I � •• I � �� • •'. �� 1� �1• • • • • � ' �I• • : . 1 � • � �1 �1• • ' .�� • • • . �• • � I� �• • �I �I I�1• . �,� • }� • /' , �• '�91 N!r , Robertson, O�un�ity Develognent Director, stated this is a request for a special use permit to allaa extra outside storage of materials at 55 - 77 :h Way N. E. Mr. Robertson stated in conj unction with this special use pe :mit, there are also ra�uests for a vacation and variance. Mr , RAbertson stated the Planning Commission has recommended approval of th is special use permit with six stipul.ations, which he outliryed. NC rIUN b� Cot,uicilman Goodspeed to approve special use permit, SP �86-04, wi h the follaaing stipulations: (1) prwide an 8 foot high screening fenoe ar �und the perimeter of the storage area except that screening not be re �ui red on the west side adj aoent to the rail road right-of-way (sol id wood or chain link with slats); (2) provide a berming, landscaping, and ir rigation plan for Staff ap�rwal; (3) prwide a storm drainage plan for St iff approval; (4) work with Display Arts to accomplish a joint driveway ea �ement on the west half of vacated G�miwood, lying south of Lot 11; (5) pr 7vide a site performance b�nd equal to 3$ of o�nstruction value; and (6) nc material to be stored so as to be visible fran the right-of-ways. This s� � ci al use pe rm i t i s conti nge nt on appr ov al of th e v aca ti on r eq ue st . Se �onded b� Co�cilman Barnette. Upon a voioe vote, all voting aye, Mayor NE � cieclared the motion carried unanimously. B. OONSIDERATION OF A SPECIAL USE PRMIT. SP #86-05. TO AI�T�W A MOI�lI'ESSORI/DAY C�FtE FACILITY, GINERALLY I�TID AT 472 Q�S�QRNE R�D N. E. , BY HARRIS RATI�,YAKE: Mr , Robertson, Qanm�mity Develognent Director, stated this is a request for a special use permit to allaa a Moritessori/Day Care Facility at 472 Osborne Rc �d. He stated the proposal was f or a f acil ity for up to 30 childr en ra zging f ran 2- 1/2 to 6 years old. He stated an apglication has been made tc the State to lioense the facility and the hours of operation would be f r m 7 a. m. to 6 p. m. , Nbnday th rough Friday. Mr , Robertson stated the Planning Conunission has reoonmended approval with th ree stipulations. He stated the Planning Commission has recommended st Lpulations No. 2 and 3 be held arxl reviaaed tr� the Staff in September or wY en the disposition of the property is decided. Mr , Ratnayake, the petitioner, stated the church, from whom they are lE �sing, i� in the �ocess af sellang the property, therefore, the Planning Co �nission requested their recommendation for landscaping and concrete - 11 - � � t � 1�. � � ��_ ��. �� 1�� _' :. curbing and a performance bond be reviewed kyy City staff in September, or when disposition a�f the p�operty is decided. Mr. Herrick, City Attorr�ey, stated the Gbt�cil may want to make this special use permit for one year and, if the preserit occupants want it for a longer period, they oould apply for a renewal. 1►�DTD�N by Cow�cilman Goodspeed to ap�xove special use permit, SP #86-05, to Salen Nbntessori School for operation of their day care facility for a period of one year, with the following stipulations: (1) petitioner to pravide a fenced area with tot lot equignent prior to occupancy; (2) owners to work with Staff to provide landscaping and concrete curbing to meet City Q�des; and (3) awr�er to pravide performance bond in the anotmt of $5,000 to oover site impravenents. Ftirther, stipulatia�s 2 and 3 are to be reviewed in Septenber by City Staff, or when the disposition of the property is decided. If the disposition is to another church, then these improvements must be made at that time; if the property is sold to Health Central, then the City will take the matter up with them. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •��_ na�•. , � •� •�• � :. �. • � r • « • •� �� •. •. �+�l�• �l � �� • • , � • �� _ � �i� . : ��M • • �� i� `�4C � ':�� i � � • • �I� Mr. Itpbertson, Oar�an�mity Developnent Director, statec� this is a request for a special use permit to allaa o�fioes not associated with a principal use for property located west of University Avenue, south of U. S. S�aim & Fitr�ess, and north o�E the Catan�ity Park. Mr. Rpbertson stated the proposal was f or an off ice/warehouse f acil ity located in Nf-1 industrial zoning and the special use permit is for office use in an industrial zor�e. Mr . Rober tson stated th e Pl anni ng ConIInissi an r ecomm ended appr ov al of th i s special use permit with nirie stipulations, which he outlined. NDTION b� Co�cilman Goodspeed to approve special use permit, SP #86-06, with the follawing stipulations: (1) developer to provide written oommitment to �y all o�sts associated with the realicyzment of cul-de-sac; (2) developer to supgly o�going tenant inforraation, �ior to each occu�ncy, to allaa the C�ty to monitor parking need on a case-by-case basis (parking d�narx3 not to exceed supply); (3) pravide a landscape plan which includes plantings and berming of all perimeter areas; heavy screening to be prwided to buffer loading area; (4) all dumpsters to be located inside or within apprwed masonry structures; (5) all roof �uipnent to be screened to mute visual affect; (6) easenent for joirit parking with U.S. Saim & Fitr�ess to be rec�orded against properties prior to building pernnit; (7) prwide oonnecting siciewalk between the U.S. 9�aim & Fitr�ss Genter and proposed developnent; (8) petitioner to cambine lolts for tax purposes; and (9) petitioner to sutmit a o�mpre�ensive sicyl plan. Seoonded b,� Cotmcilman Fitzpatrick. Up�n -12- ,L 5t��'.�_ �,� � 1�,� � � • roice vote, all voting aye, Mayor Nee declared the motion carried �nimously. I� �� ;,�,u Y. . . . � •� u�v �, , • __'��'� � �� DI' , �, � • �• I . 1 �� ' �� 1� • '�� : • M '.� 1 • 1 �I �i• • • � �!� • �' � ti • �� Mr . Robertson, �un�mity Developner�t Director, stated this is a request for a iariance to reduoe the side yard setback f ran 20 feet to 0 feet at 55 - 77 :h Way N. E. He stated the hardship is the property has an extrenely li nited building site because o� the utility ease�nerrts• Mr , Robertson stated the Appeals Commission recommended approval of this va :iance with three stipulatons, which he outlir�ed. I�C CION b� Cou�cilman Goodspeed to approve variance, VAR #86-10, to reduce th � side yard setback f ran 20 feet to 0 feet at 55 - 77th Way N. E. , with the fc llawing stipulations: (1) the east wall be a four-hour fire rated a: sembly with no openings; (2) the petitioner work with the City on a 1� zdscape glan; and (3) the petitioner work with the neighbors on a good pl sn for access and other outside imprwenerits. �is varianoe is contingent or apprwal af the vacation. Seo�nded b� Councilman Fitzpatrick. Upon a vc ice vote, all voting aye, Mayor Nee declared the motion carried ur. inimously. I�2 Q�a,,,err,c�vrmTrv.i n� n�Tel�Tn1�Y`F' RFYITIF�`T' VAR #86-11. `I'0 • V�71LLY�C►11V1� vi � RIDUCE THE PARKING SEPBAQC FF�JM 20 FF�ET TO 10 FEET. � RIDUCE THE PARKING SEI�CK FROM 20 FEET TO 5 FEET. DRIVE�IY WIDTH TO EXCEID 32 FEET AT THE CURB OPENING, Tp RIDUCE THE PARKING SPACE WIDTH FROI�1 10 FEET TO 9 FEET. GENEFtA1�,Y L(X'ATID ON LOT 4. EXCEPI' THE D� ERLY 35' . L�S 5 AI�ID 6. BIiOCK 1, PACO II�IDUSTRIAL pARK. BY WINFIFJ.� DEVEIAPMENI'• Mi . Robertson, Co�an�ity Developnent Director, stated this variance request w� s reviewed b� the Appeals CAnmission and appraval was reoomnended f or the f: rst three varianoes with three stipu].ations. He stated the only variance m t reoorr¢nended for approval was a reduction in the �arking space width f ran 1( to 9 feet. Ni� . Winkels, representing Wirifield Developnent, stated they will be working o� �t the �xirking with the U. S. S�aim & Fitness Club so it wouldn't be a p� oblen. He stated they have enough �.arking, without the variance to reduce t1 e parking sg�ce width, so it isn't a major itsn. M. Winkels stated the building will be multi-tenant �nparable to those in t] e East River Road project o�ritaining over 58,000 aquare feet. a umcilman Goodspeed stated since the motions on the variance to reduce the -13- �.��. � ��. •, la�i �T'ZZ� parking stall widths had failed at the Appeals Commission, he would move apprwal � the other varianoes, without this particular rne. NDTmN ky Councilman Goodspeed to approve the follawing variances, VAR �86-11, to reduce the parking setback f ran 20 feet to within 10 feet of street right-of-way ac3jaoent to Highway 47 and to reduoe the Farking setback f ran 20 feet to within 5 feet o� right-of-way adj acent to Commerce Ci rcl e East ; and dr iv saay width to exceed 32 f eet a t th e cur b ope ni ng, excl udi ng the entrance radii, to 45 feet, to allaa construction of an affice/warehouse building at 7171 Canuneroe Circle East, with the fallowing stipulations: (1) the petitioner work with the City rn a landscape plan and sidewalk on the north property line; (2) that there be a written agreenent for joirit parking on a permanent basis, not an aariership basis, between the property and the U.S. 9wim & Fitness Ceriter; and (3) the realignment of Commerce Circle as directed b� Ci.ty staff. Seoonded b� Councilman Fitz�trick. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously. N1�TION by Councilman Barnette to receive the minutes of the Planning Com¢nission meeting of Ngy 28, 1986. Seoonded b� Coumcilman Schr�eider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RDCEIVING CHARTER QONII�IISSION MINUrES OF MARCH 17. 1986: MOTION by Councilman Schneider to receive the minutes of the Charter �nunission meeting of March 17, 1986. Seconded by Councilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. � •• n • • :.r •�� •� �• . � . r ,� � •,� �• . i� •� �•,• a • . � • .� , �..�.. � �+. . . .� _ Mr. Qureshi, City Manager, stated the bids received for the water and sanitary sewer proj ect and site grading for the Lake Fbirite Gorporate Center must be awarded by June 15, 1986 or the 60 day award period f or the contracts will expi re. Mr. Qureshi stated Woodbridge Properties (Lake Fbinte (brporate Center) has certain agreenents with the HRA and some r�w issues have been raised which the HRA will consider at their June 12, 1986 meeting. He felt this item should be tabled until a�ter the HRA meeting and then p�ssibly the Council o�uld meet later in the evening to v�nsider aQaarding the bids. Mr. Qureshi stated Woodbridge is also awaiting approval by the rlinnesota Fbllution Control Agency � their indirect source permit. NDTION b� CAUncilman Goodspeed to table this itesn to a special meeting of the Council m J�me 12, 1986 at 9 p.m. Seoonded by Go�cilman Fitzpatrick. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. -14- a�. � ��+� �� 1��i • : . � u��= •� • �_•;� �_ !�� _ • � •� ,� Mr . Fl or a, Publ ic Wor ks Di rector, stated f our bi ds w er e r eceiv ed f or th i s ic tersection striping project. He stated the low bidder was Madsen S� acialties and would reoo�nend they be a�aarded the c�ntract. NL PD�N by Cotmcilman Schr�eider to reoeive the follaaing bids for Project No. 16 5: Ma isen Specialties Bc x 255 Fa rgo, 1�ID 58107 Pa rki ng Ma rki ng, Inc. 17 29 Seltr� Ave. St , i�ul, M�I 55104 AP � Striping 60 i- lOth Ave. S. Hc �kins, NN 55343 $33,981.20 $39,558.00 $41,354.00 9w �n.ston Equipnent �. $60,320.00 34 )4 W. Main Ave. Fa : go, I�ID 58107 Se bnded b� Co�cilman Barnette. Up�n a voioe vote, all voting aye, Mayor Ne � c3eclared the motion carried unanimously. ND 'I()N by Go�cilman Barnette to award the bid to the law bidder Madsen Sp �cialties of Fargo, North Dakota in the anotmt o� $33,981.20. Seoonded tr� Gb a�cilman Goodspeed. Up�n a voioe vote, all voting aye, N�yor Nee declared th � moti on ca rried unanimously. 12. RE �LUrION N0. 44-1986 AUTHORIZING A LOT SPLIT, L.S. #86-04, GENERALLY ,L� ATID AT 6562 ANOKA STREEr N. E. , BY TERRY BARR��T: ND"ION by �uncilman Schneider to acbpt Resolution No. 44-1986. Seoonded b� �� cilman Barr�ette. Upon a voioe vote, all voting aye, Mayor Nee declared th� � motion carried unanimously. 13. QOl fSIDERATION OF A RE90LUI'ION APPROVING I-694 PRELIMINARY LAYOtTr IDENTIFIED � LAYOtTr I�. 16 FROM T. H. 152 � T. H. 35W: ND'.'ION by Councilman Schr�eider to table this iten. Seconded by CAUncilman Fi1 zg�trick. Up�n a voice vote, all voting aye, Mayor Nee declared the mo� ian carried unanimously. iy �. �: �� •� �� -�• �• � �� l�y • •:. MD"ION by Councilman Schne.ider to receive the minutes of the Cable Te: evision Advisory Commission meeting of May 15, 1986. Seconded by -15- �.��. I�1 1�_ � 1�� ' : • Cb�cilman Barnette. Up�n a voioe vote, all voting aye, N�yor Nee declared the motion carried unanimously. ��« A reoess was c,alled b� Mayor Nee at 11:05 p.m. ; .?.�� .'M .'M� Mayor Nee reoorrvened the meeting at 11:15 p. m. All Council members were present. 15. �UBLIC HEARING ON THE MATTER OF TRANSFER OF CABLE TELEVISION FROM SCI HOI,DINGS TO NOF�I'EL CABLE AS90CIATES: NDTIDN b� Gou�cilman Fitz�xitrick to waive the reading of the public hearing notice and open the p�ablic hearing. Seconded b� Cbw�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publ ic hearing opered at 11:15 p. m. Mr. Abrams, attorr�ey for Storer Cable, stated Storer would like to thank Fridley for the opp�rtunity to serve thsn for the past seven years. He stated things dic�'t work out in this market as Storer had planned and they have decided to sell. Mr. Abrams introduced Mr. Gerald Kazma, President of Nortel Cable O�rporation, to give his plans for the systen. He stated Mr. Kazma operates a number af cable systens and operates then well. He stated he believes Mr. Kazma will pravide e�eptional service for the City. Mr. Kazma introduced Mr. Dave Murray, Vice-President of Union Mutual Insurance Codnpany and Mr. CYipps, shar�older in Countryside Cable, Inc. Mr. Kazma stated he entered into a oontract with Storer to purchase thei r cable systan and has sutxnitted an applicatian for transfer of the franchise. He stated they have met with C1yde Moravetz of the City staff and havE sutmitted cbc�anerits regarding their souroe aE financing. Mr. Kazma stated he realizes there is a renewal coming up and it is his intention to meet with the Cat�le Television C�nission and o�tlir�e gtans for the Fridle,� systen. He stated he intends to keep the Fridley office as their main o�fice for this systen and move the billing from California to Fridl e�. Mr. Kazma statec� Chris Wegeqner wi11 join the Board of Directors and serve as Ger�eral Manager. He stated he didn't see much � a change in the technical personnel and woulc3�'t be dimini.shing the staff here in Fridley. Mr. Kazma stated thEy expect to live up to the oommitments of the f ranchise and will be praviding the Council iriformatiori rec�arding their background in ca�nw�ity access. -16- _ J�. __ �I_� 1�. �� l��.l_ ' : . Mt . Murray, Vioe-Presiderit of Unia► Mutual Insuranoe Company, stated their a npany has been a leader in the cabl.e industry sinoe the 1970's and is naw wc rking with the smaller operators. He stated the financing is very a aservatively structured. He stated he thinks the Hallmark of this deal is Mr. Kazma oomes with $1,500,000 in cash. Mr , Abraa►►s stated the reason Storer is selling the 7.win Cities properties is tc have a larger market. He stated if Storer had been successf ul in Mi aneapolis, they would have a poteritial market � 250,000 hrnies. He stated si 1ce this was not the case, the nunber o� p�tential custcmers is far less. He stated Storer would rather devote their efforts to their larger areas. He stated it wasn't a question of profitability, but oorporate stratec� in a lc :al market driven foroe. Oo mcilman Schrieider asked Mr. Murray where Unior� Mutual sees their gain. Mr , Murray stated they look at the financing as a situatian where you have a pr �dictable stream of cash flow and, five to eight years f ram naw, a law le �e1 of debt and encunbering systen of cash flav. He stated at that point of time, when the tax benefits rim out, you try to raaork and redesign the fi �ncial relatianship. He stated it serves no one if there is a forced tr �r�sactian. He felt in five or six years you have a choice of receiving th � cash or trading it off, depending on the objectives at this time. Mr Murray stated the partnership agreement is not intended to describe ev xy specific detail on haw they would disassociate thanselves, but to fo �ce then to negotiate and haa to maintain their relationship. He stated on � way to realize a return is to sell the syst�n and another way is to re �istribute the cash flaa. Mr Jahn Craaaley, Cable Investment Banking in Denver, Colorado, stated in re �ard to the adequac,y af t-he returns in this investment, he felt the real te t was the marketability when they plaoed this transaction. He stated he ta Lked to other investors and all were extre�►ely interested and made co lpetitive offers. He stated as Mr. Murray described, this is an in �estme.nt with hopes of making a good return. He stated it may involve a sa .e, but not neoessarily the sale � the systen, but probably back to the ge �eral partr�ership. He stated, ultimately, Mr. Kazma would be the sole aa �er � this systan. Ma: �or Nee stated he would like more detail in the study of the econamics. He felt this may give sane indication on what to expect in the future. He st� .ted the Co�cil is reoeiving docunerits that raise some concerns on what wi: 1 be done with the programning. Mr CYawley stated the poirit should be made that the capital structure is fa rly oonservative as only one-half � the inoame would be spent for debt se; vice. Mr Matz, legal counsel for the Cable Television Commission, reviewed Exl ibit A, as fo�d on Page 2 of this report, pertaining to the f inancial an� lysis. He stated the Ger�eral Fhrtrier is Nortel (�ble Corporation and it _��_ ��,� _ �'� 1,� �1 l�,!_ � • • is awned 80$ by Mr. Kazma and 20� by J. A. Fbrbes. He stated Amzak Corp. is awr�ed 100$ by the Kasna fanily. He stated the limited partners are Union Mutual Insurance Oompany, Q�untryside Calale, Inc. (Kasma, 95$ and Cripps, 5$) , and J. A. Forbes. He stated the special limited partner is Union Mutual Insurance Canpany. Mr. Matz stated he would request this public hearing be continued to allaw Mr. Kasna time to �ovide additional information such as a vertification of the 1985 fir�ncial statenent, distribution of what is required to upgrade the preserit systen, a statement f ram J. A. Forbes, and he would 1 ike to ob�tain the executed limited p�rtnership agreener�. Mr. Matz stated it would be the intention to come back with a report addressing the imglications of the transfer arid specifically the upgrading of the systan. Mr. Don Richards, fir�ncial aonsultant for the Cahle Conmission, stated the responsibility for the financial support is through Nortel Cable. He stated it seems on the basis of the forecast, everything has to go right in order for this to work. He stated he tried to p�int out some of the risks that o�uld result. Mr. Richards stated he would agree with Mr. Murray that seven years is a long time in the fir�ncing busir�ess. He stated he is ooncerned about no equitable return well beyond the eleventh year. He stated he sees the possibility of the sale c� 1-he systen at so�ne point. Mr. Richards stated the limited partr�ers, �untryside and J. A. Fbrbes, will possibly be able to generate for thenselves a signif icant amount of tax benefits. He stated it would be difficult for ariyone to borrow or raise additional financing to assist if samething went wrong. NDTIDN by Co�mcilman Schneider to �ntinue this hearing to a special Co�cil meeting on Jtme 25, 1986 at 7:30 p.m. for the purposes of discussing the Cable Television transf er. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. (,�M �. NDTION tr� Co�cilman Fitzpatrick to authorize gayment of Claims No. 8162 throuc� 8357. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. LICENSES• NDTION b� Co�cilman FitzFatrick to apprwe the licenses as subnitted and as on file in the Lioense Qerk's Offioe. Seoonded 17y Councilman Schneider. Upon a voice vote, al..� �roting ay� Af�yc�r Nee dec�.ared the motion carried unanimously. -18- �. _ s�� _�_. �� 1)�� L�� l s . � cIMATES : Nt� �ION by Councilman Schneider to approve the following estimates as su mitted: Sm .fh, Juster, Feikema Malmon & Haskvitz 64 11 University Ave. N. E. Fr .dle�, MV 55432 For Servioes Rendered as City Prosecutor: For the month of February, 1986 .............$ 5,712.50 For the month o� March, 1986 ................ 6,325.00 For the month of April, 1986 ................ 6,577.50 Gu �derson Brothers 23 ?5 Snelling Ave. , S. Mi u�eapolis, NN 55404 For Misc. �ncrete Curb, Gutter & Sidewalk Project: Partial Estimate No. 1 ....................... 3,572.00 H � S Asphalt 70) Industry An >ka, M3 55303 For Street Impraienerit Project St. 1986 - 1& 2: Partial Fstimate No. 1 ...................... 82,981.31 Se 70flC72C1 b� CAUI1CllTilaT1 Fitzpatrick. Upon a voice vote, all voting aye, !�_ �or Nee declared the motion carried unanimously. • � • �� :. a• i � • • i �� 4s �,• � � •�� ':. ND 'ION by O�tuicilman Goodspeed to adopt Resolution No. 45-1986. Seoor�ded b� O� mcilman Schneider. Upon a voioe vote, all voting aye, N�yor Nee declarecl th � motion carried unanimously. 20. �,E �OLtTrION N0. 46-1986 AtTrHORIZING A1�ID DIRECTING THE SPLITTING OF SPECIAL A�S >ESSMErTrS ON PARCELS 1800 A1�ID 1810. S�CTION 3: ND 'ION by Co�cilman Barrrette to ac3opt Resolution No. 46-1986. Seconded by Cb mcilman Schneider. Upon a voioe vote, all voting aye, N�yor Nee declared th � motion earried unanimously. �• �.a+•� • • � ••�.�• • •:. Mr Flora, Public Works Director, stated this c�ange order is requested in or� ler to install an eight inch pipe fram Hickory Street to Main Street, and ex .end the tndergro�d systen along that section. ND' 'IUN by GoLmcilman Barryette to apprwe Q�ange Order No. 1 in the �no�t o� -1� �.��. _ ,��!� _��. • 1�� _' s . $15,775 with H& S Asphalt, Inc. for Street Improvenent Project ST 1986-1&2. Seo�nded b� Cb�mcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; a« � i�+ • � � a�� • : . •,� � � r� ia � � • � • • i �_ � •'�� z • � �: '.. -� i� �• • L� • �•� NDT�CiN by �tmcilman Schneider to reoeive this meno frcm the Assistant City Attorney. Seoonded b,� Councilman Barnette. Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unanimously. NDTION by Co�mcilman Schneider to direct staff to draaa up a draft ordinance, per Mr. Newman's above meno, to li.mit the glacement, size and number of freedom signs within the quidelines the Attorney's Office believes are oonstitutional. Seoonded b� Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Ngyor Nee declared the motion c,arried unanimously. It was felt this draft ordinance should be reviaaed b� the Canunissions. Cb�cilman Schneider felt the Council had to address the real estate signs on Mr. Skinner's property. Mr. Qureshi, City Manager, stated Mr. Skinner has indicated he wishes to respond to the City's proposal and that really is the basis for all the sicgis. NDTIlJN tr� Councilcnan Schneider to direct staff that, within the next two weeks, the� review all real estate signs in the City and follaa the normal procedure for enforoemerlt. Seoonded b� Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously AATOURNN�Tr • N1�TION by Councilman Barnette to adjourn the meeting. Seconded by Cbuncilman Schneider. Up�n a voioe vote, a11 voting aye, Nhyor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City G�wzcil c�f J�e 2, 1986 adjourrnd at 12:30 a.m. Respectfully sutmitted, Carole Haddad, WilliaQn J. Nee, Secretary to the Ci.ty Co�cil Mayor � .. . _. -20- THE PtINUTES OF TNE SPECIAL MEETIhG OF THF FRIOLEY CITY COUNCIk JUNE` I2, 1986 4 l . 4s � I�l I4 • 4 i �• � � ��. • y i �� J� • � . � Zh � Special Meeting of the Fridley Ci.ty Co�mcil was c,alled to order at 10:10 p.: i. tr� Mayor Nee. �� MENBFR.S PRFSFNT: Mayor Nee, Co�cilman Schneider, Gbtaicilman Barnette and Co�cilman Fitz�trick A'�NBIIZS ABSII�IT: Co�cilman Goodspeed Ma� �or Nee stated appropriate x�otioes were given for this Special Meeting for th � purposes of �nsidering the awarding of the contracts for Improvenent Pr ►jects No. 163 and 162 for the Lake Fbirtte Corporate developnent, wvering th � d�nolition and site grading and the water an�d sanitary sewer. Mr Dave Newman, Assistarit City Attorney, stated there may be some risk of th � Gity aaarding these contracts, if plans and contracts have not been f i�al iz ed between th e c3evel oper and the Housing & Redevel ognent Authori ty. Mr Nc�aman f el t th e Ci ty had several opti ons, one was to see if th e bi dde r s ar � willing to extend their bids an additional 30 days, proceed to award the bi �S, or to rej ect the bids. ND'IIJN tr� Gouncilman Schr�eider to direct the administration to see if the bi �]ers are willing to extend their bids for Project No. 163, c]eqnolition and si :e grading, and Project No. 162, water and sanitary sewer, to July 15, 19 36 and the completion dates extended accordingly. If this cannot be ac :ompl ished, the bids are to be rej ected and re-advertised for these pr �jects. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vo :ing aye, Mayor Nee declared the motion carried unanimously. ' � �.1C �lul�1�+ MD CION by Councilman Barnette to adj ourn the meeting. Secondeci by ��cilman Schneider. Upon a voice vote, all voting aye, M�yor Nee declared th � motion carried unanimously ar�3 the Special M�eeting of the Fridley City Co mcil of JLme 12, 1986 adjourned at 10:20 p.m. Re �pectf ully sUtrnitted, C� �ol e Hac3dad, Se :retarty to the City Cotmcil Ap �raved: -1- Willian J. Nee, Mayor � ORDINANCE I�U. AN ORDINP,NCE ANIENDING SECTIONS 2.03, 2.04, 2.05, 2.06, 2.07, 3.01, 4.01, 4.06, 4.07, 5.01, 5.03, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, 5.10, 5.11, 5.13, 5.14, 5.15, 5.17, 5.18, 6.01, 6.02, 6.04, 7.06, 7.14, 7.15, 7.16, 11.06, 11.07, 12.03, 12.04, AND 12.05 OF THE FRIDLEY CITY CHARTER, AND ADDING SECTIaN 1.04 (DEFINITI()NS) THE ;ITY COUNCIL OF THE CITY OF FRIDLEY DOFS ORI�A�IN AS FOLLOWS: That the follawing sections of the Fridley Charter be amended as follaws: 1.04, DEFINITIONS. 1. ;ligible Voter. � resident of the City of Fridley who is qualified to register to vote. 2. Zegistered Voter. �n eligible voter who is currently registered in the City of Fridley. 3. �oter. � registered voter who has voted in the City of Fridley within the last :our years. 4. ;lectorate. 'he whole body of eligible voters. 2.03 , II�ECTIVE OFFICERS. 1. 'he Council shall be composed of a Mayor and four (4) Councilmembers who shal . be eligible voters. The Hiayor shall be elected at large for a term of thre� (3) years, (except the first Mayor to be elected in 1957 shall be for a term of two (2) years) . 2. �>ne (1) Councilmeriber shall be elected at large for a term of three (3) year� except that the first such Councilmember-at-large under this Charter shal . be the inc�unbent elected in 1956, with two (2) years remaining of term and ;hall be considered to serve two (2) years as Councilmember-at-large to 195 9 3. "hree (3) Councilm�nbers shall be elected for terms of three (3) years each from three (3) seg3rate Wards of the City, as designated below, except that the first Councilme�nber for Ward No. 2 tmder this Charter shall be the Coun �ilmember having one (1) year of term yet to serve, and shall be oons.dered Councilmember for 1A Page 2 - Ordinance No. Ward 2 for a one (1) year term to expire in 1958. The Councilmembers f rom Ward; No. 1 and No. 3 shall be elected in 1957, each for terms of three (3) year �. 5. "he Councilm�nber elected frcm a ward must be a resident of such ward and his �:easing to be a resident thereof shall cause a vacancy in the office of Coun�;ilm�nber fram such ward; provided that a change in ward boundaries during his �.erm of office shall not disqualify the CAUncilmember from serving out the term 6. "he term of Mayor and of each Councilmember shall begin on the first offi��ial business day in the month of January follawing the election to office and ; hall end when a successor has been duly eJ.ected and has qual if ied. The firsi orcier of business at the first official Council meeting in January shall be tle swearing in of the r�wly elected members of the Council. The Council shal. be judge of the election and its members. (Ref. Special Election 4/12, '60, Ord. 592) 2.04 DI9Qi1ALIFICATION FOR APPCIINPIVE OFFICE. No m�mber of the Council shall be appointed acting or permanent City Manager, nor : hall any mesrber hold any other gaid mi.micipal offioe or �nployment under the tity; and until one (1) year after the expiration of the term as Mayor or Coun:ilmember no f ormer member shall be appointed to any paid office or �plcyment under the City. 2. 05 , VAQ�NC,IES IN THE �iINCIL. 1. � vacancy in the Council shall be deaned to exist in case of the failure of ar y person elected �hereto to qualify on or before the date of the second regu] ar meeting of the ryew Council, or by reason of the death, resignation, remo� al from office, remaval from the City, removal of a ward Councilmember from that ward, continuous absence f rom the City for more than three (3) montY s, or conviction of a felony, of any such person whether before or af ter his c ualification, or by reason of the failure of any Councilmember without goocl cause to perform any of the duties of inembership in the Council for a �eri� �d of three (3) months. In each such case, the Council shall by reso] ution declare such vacancy to exist and shall forthwith call a special elect ion to be held not less than forty-five (45) days nor more than sixty (60) days fram the time such vacancy is declared. In the case of a special elec�.ion to fill the vacancy, there shall be no primary election. The candidate receiving the largest n�nber of votes shall be declared the winner. The � inner of said elections shall be qualified and take office immediately upon certif ication by the board of canvass and shall fi11 the �expired term. 2. ]E at any time the me�nbership of the Council is reduced to less than four (4) n embers, the remaining members may, by unanimous action, appoint additional m�ibers to raise the mezibership to four (4). The or3er of filling vacar�ies by appointment shall be as follaws: P. If the terms vac�nt are for different lengths, the appointment will be t� the seat with the shortest r�naining tern►. 1B Page 3 - Ordinance No. 3. If the tenns vacant are of the same length, the Council shall choose �y lot which vacancy to fi1 1 by appointment. (Ref. Special Election 3/25/75, Ord. 776) 2.06. T8E MAYOR. The t•iayor shall be the presicting officer of the Council, except that a �re�ident pro tem shall be chosen to hold office at the pleasure of the Coun:il, who shall act as Mayor in case of the Mayor's disabil ity or absence from the City. The Mayor shall vote as a mernber of the Council. The Mayor shal. exercise all powers and perform all duties conferred and imp�sed by this Char:er, the ordinances of the City and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purp �ses, by the courts for the purpose of serving civil process, and by the GovE rnor for the purposes of martial law. The Mayor shall study the oper itions of the City goverrunent and shall report to the Counci.l any neglect, aere .iction of duty, or waste on the p�rt of any officer or de�aartment of the City In time of public danger or emergency the Mayor may, with the Council's oons �nt, take co�¢nand of the polioe, maintain orc3er and enforce the law. 2.07 , SF�?.A�t�'S AND EXPIIJSES. The Kayor and each Councilmember shall receive each year reasonable regnu�eration or salary, the amount and payment of which shall be prescribed by ordi �ance duly adopted on or before Novc�nber lst of the year preoeding ga�mr�ent of t�e same. Until the first such ordinance is duly adopted, the Mayor and each member of the Council shall receive such salaries and compensations as were received by the Mayor and Councilmembers of the Village of Fridley. When auth�rized by the Council, its members shall be remunerated f or their reas��nable expenses incurred in connection with the City's business. The City Manaier and all subordinate offioers and employees of the City shall receive such reasonable oompensation as may be fixed by the Council. 3.01 QOUNCIL MEETINGS. On tl �e first official business day in January following a regular municipal elec�ion, the Council shall meet at the City Hall at the usual time for the hold.ng of Council meetings. At this time� the newly elected members of the Coun�;il shall assuome their duties. Thereafter the Council shall meet at such time: as may be prescribed by resolution, except that they shall meet at a fixe�, time not less than once each month. The Mayor or any three (3) members of t} e Council may call special meetings of the Council upon at least twelve (12) hours' notice to each member of the Council. Such notice shall be deli� ered personally to each m�nber or be left at the m�nber's usual place of resicence with a person of suitable age and discretion then residing therein, or w:itten notice thereof shall be left in a conspicuous place at the resicence if no such person be found there. The presence of any menber of the Council at a special meeting shall constitute a waiv er of any formal notice unle:s the m�nber appears for the special purpose of objecting to the holding of s�ch meeting. The Council may provide by ordinance a means by which a minoiity may oompel the attendance of absent members. All meetings of the Coun :il shall be public and any person shall hav e access to the minutes � � � 1C Page 4 - Ordinance No. and :eoords thereof at all reasonable times. The r�ayor and each Councilmenber shal L have or�e (1} vote. (R�ef. Special Election 4j12/60) 4.01 � GF3�RAI� II�EGTION LAW5 ZU APPLY. Exce >t as hereinafter prwided, the general laws of the State of Minnesota �ertiining to registration of eligible voters and the oonduct of primary and gene �al elections shall apply for all mLmicipal elections of such of f icers as are >pecified in this Charter. The Council shall, through ordinances duly adop:ed in compliance with such state laws and this Charter, adopt suitable and �ecessary regulations for the conduct of such elections. 4.06, K)MIlQATIONS BY PETITION. The � iode of nanination of all elective offioers provided for by this Charter shal , be by petition. T'he name of any eligible voter of the City shall be prin� .ed upon the ballot whenever a�etition as hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shal: be sic�ed by at least ten (10) registered voters qualified to vote for the ��ffioe in question. No elector shall sign petitions for more candidates than the n�unber of offioes to be filled at the election. Should such a case occu:, the signature shall be void as to the petition or petitions last filed. All i anination petitions shall be in the hands of the City C1erk not more than one ] undred thirty (130) days nor less than one h�dred (100) days before the gene� al election at which time the filings shall be closed. The City Clerk shal: pre�are the ballots with names of the candidates for an office in a mannEr to be provided by ordinance. Each petition, when presented, must be acco:ipanied by a five dollar ($5.00} filing fee. (Ref. Special Election 4/12,60, General Election 11/3/64, Ord. 825) 4.07 , rAMIlVATI(�Ii1 PETITIONS. The :ic�atures to the nanination petition need not all be appended to one (1) �pei , but to each se�arate �per there shall be attached an affidavit of the circ� lator thereof stating the n�unber of signers of such paper and that each sign�ture appencied thereto was made in the circulator's presence and is the genu�ne signature of the person whose name it purports to be. With each sign� ture shall be stated the place of residence of the signer, giving the streE t and nwnber or other description sufficient to ic3entify the same. The ncxnir�e shall indicate by an endorsement upon the petition acceptance of the offic � if elected thereto. The form of the nomination petition shall be subst �ntially as follvws: NOMIl�tATION PETITIDN We, t�e �mdersigned, registered voters of the City of Fridley, hereby ncminate . . . , whose residence is . . . . , for the offioe of . . . � to be voted for at th : election to be held on the .... day of ..... , 19 ..; and we individually vertify that we are registered voters and that we have not signed more �anination petitions of candidates for this office than there are persons to be elected thereto. 1D Page 5 - Ordinance No. Name Street and Ntunber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,, being duly sworn, deposes and says, "I am the circ�lator of the foregoing petition �per oontaining signatures and that the sign..tures appended thereto were made in my presence ana are the genuine sign.,tures of the persons whose names they purport to be." . . . . . . . . . . . . . . . . . Subs :ribed and sworn to before me this . . . . . aay of . . . . , 19 . . This petition, if found insufficient by the City C1erk, shall be returned to . . . . . , at Ntunber . . . . . . . Street. I he �eby indicate my willinc�ess to acce�t the office of ..... if duly elec.ed thereto. 5.01 , POWII2.S RFSERVED BY THE PEOPLE. The �eople of the City of Fridley reserve to themselves the power, in acco�dance with the provisions of th is Charter, to initiate and adopt any ordi�ance, exce� an ordinance appropriating mor►ey or authorizing the levy of taxe�, to require such an ordinance when �ssed by the Council to be ref erred to t: �e electorate for appraval or disapproval, and to recall elected public offi ;ials. These powers shall be called the initiative, the referendum, and the �ecall, respectively. 5.03 , E'[JFrI'fiIIt RDGUL�AT7AN.S. 2. ,� petition unuer this C�arter shall be filed in the office of the City Cler : as one (1) instrunent, which instrtmient shall contain any instr�nent requ .red, a copy of any ordinance proposed, covered or affected, any other docunent (appropriate to the petition) and all the signature papers and affi �avits attached in support of the same. A petition may be signed by any registered voter. A petition can be circulated and verified only by a regi�tered voter who has signed the same. All the siqnatures on any petition need not be on one (1) sic�ature �per. The circulator of every paper shall be v:rified as the circulator of the same by attached affidavit which states that each signature was signed in the circulator's presence anci is of the pers��n that the same purports to be and that each signer was affirmed as a regi>tered voter at the residence stated thereon. Any paper lacking such affi iavit or verified by an affidavit false and untrue is insufficient and void of effect. (Ref. Ord. 625) 5.04 , INITIATIiON OF MEAS�JRFS. Any :ive (5) registered voters may form thenselves into a committee for the initiation of any ordinance except as provided in Section 5.01. Before circ �lating ariy petition they shall file a verified copy of their proposed ord.nance with the City Clerk together with their names and 1E Page 6 - Ordinance No. addr �sses as m�nbers of such oonanittee. They shall also attach a verified copy of the proposed ordinance to each of the signature papers herein ciesc �ibed, together with their names and addresses as sgonsors thereof. 5.05 FORM OF PETITION AND OF SIGNATtTI2E PAPERS. The �etition for the adoption of any ordinance shall oonsist of the ordinance, toge�her with all the sic�ature papers and affidavits thereto attached. Such �eti .ion shall not be complete unless sic�ed by at least ten peroent (10$) of the � otal n�unber of registered voters as of January lst of that year. Each sign� ture �ger shall be in substantially the follawing form: INITIATIVE PETITION Prop>sing an ordinance to . . . . . . . . . (stating the purpose of the oraiiance), a copy of which ordinance is hereto attached. This ordinance is spon: ored by the follvwing committee of registereci voters: Name 1. ..... ....... 2. . . . . . . . . . . . . 3. ............ 4. . . . . . . . . . . . . 5. . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . ............. . . . . . . . . . . . . . . . . . . . . . . . . . . The indersigned registered voters, understanding the terms and the nature of the crdinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their appraval. Name 1. ............ 2. ............ 3. . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . At tr e end of the list of sic�atures shall be appended the affidavit of the circtlator mentioned above. (Ref. Ord. 625) 5.06. FILIl� OF FETITIC�15 AL�ID ACTION �tDC�i. Withi n five (5� days after the filing of the petition, the City Clerk shall ascertain by examination the ntunber of signatures appended thereto and whether this z�miber is at least ten peroent (10$) of the total number of registered voter s, as of January lst of that year. If the City C1erk fin�3s the petition insufEicient or irregular, the City Clerk shall at once notify one (1} or more of tY; : committee of sponsors of that fact, certifying the reasons for the insufEiciency or irregularity. The committee shall then be given thirty (30) days�Ln which to fi1 e additional signature papers and to o�rrect the petition in al l other particulars. If at the end of that period the petition is found to bE still insufficient or irregular, the petition shall be f iled in 1F Page 7 - Ordinance No. the :ity Clerk's off ice. The City Clerk shall notify each member of the comm Lttee of that fact. (Ref. Ord. 625) 5.07 , ACI'ION OF THE QOUNCTL G�1 PETITIONS. When the petition is found to be sufficient, the City Cierk shall so certify to t ie Council at its r�ext meeting, stating the numiber of petitioivers and the perc �ntage of the total n�unber of registered voters which they oonstitute, and the :ouncil shall at once read the ordinance and ref er it to an appropriate oomm .ttee, which may be a comQnittee of the whole. The committee or Council shal . thereupon provide for public hearings upon the ordinance, after the hold .ng of which the ordinance shall be finally acted upon by the Council not late � than sixty-five (65) c]ays after the date upon which it was submitted to the :ouncil by the City Clerk. If the Council fails to gass the proposed ordizance, or passes it in a•form different from that set forth in the �eti .ion and unsatisfactory to the petitioner, the proposed ordinance shall be subm.tted by the Council to the electorate at the next regular municipal elec� .ion; but if the n�unber of sic�ers of the petition is equal to at least fift� �en percent (15$) of the total number of registered voters, the Council shal: call a special election upon the measure. Such special election shall be h� �ld not less than thirty (30) nor more than forty-five (45) days from the aate of final action on the ordinance by the Council or after the expiration of s. xty-five (65} days fram the date of sutmission to the Council when there has 1�een no final action; but if a regular election is to occur within three (3) � ionths, the Council may sutmit the ordinance at that election. If the Coun�il �sses the proposed ordinance with amencments and at least four-fifths (4/5; of the committee of petitioners do not express their dissatisfaction with such amended form by a statenent f iled with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be subm:tted to the electorate. 5.08 INITIATIVE BAI.I,,O�i'S. The kallots used when voting upon such proposed ordinance shall state the subst ance of the ordinance anct shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those votii g on any such orclinance vote in favor of it, it shall thereupon beoome an ordirance of the City. Any nwnber of proposed ordinances may be voted upon at the : ame election but the voter shall be allawed to vote for or against each sepai ately. In the case of inconsistency between two (2) or more initiative oroir �nces approved by the voters, the ordinances shall not go into effect until the City Council has had si�y (60) days to resolve the inoonsistencies. (Ref. Ord. 625) 5.09. INITIATION OF C�1AItR'gt AME�I�MEN7.5. Nothi ng in this Charter shall be oonstrued as in ariy way affectinc� the right of tk � eligible voters under the Constitution and Statutes of Minnesota to propc se amenanents to this Charter. Page 8 - Ordinance No. 5.10 , THE RF�R�UM. If p�ior to the date when an ordinance takes effeet a petition signed by at leas: f ifteen percent (15$) of th� registered voters as of Januaty lst of that year request that any such ordinance be repealed or be sutmitted to a vote of the electors, the ordinance shall thereby be prevented f rom goi ng into oper�tion. The Council shall thereup�n reconsider the ordinance at its next regu.ar meeting, and either repeal it or by aye and no vote re-aff irm its adhe�ence to the ordinance as �assed. In the latter case the Council shall immeaiately order a special election to be held thereon, or submit the or�i�ance at the next regular m�icipal election, penaing which the ordinance shal . renain suspended. If a majority of those voting is opposed to the ordi tiance, it shall not become effective; but if a majority of those voting favo �s the ordinance, it shall go into effect immediately or on the date ther �in specified. 5.11 , REFERF�.�IDtJM PETITION.S. : y�+c �� 1u aa+ 4 � � Pro� �sing the re�.eal of an ordinance to (stating the purpose of the ordi �ance), a copy of which ordinance is hereto attached. The proposed reFeal is s�onsored by the follawing committee of registered voters: Name 1. . . . . . . . . . . . . 2. ..... ....... 3. . . . . . . . . . . . . 4. . . . . . . . . . . . . 5. ..... ....... Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The indersigned registered voters, understanding the nature of the ordinance here.o attached and believing it to be detrimental to the welfare of the City, peti :ion the Council for its sutmission to the electorate for their approval or d .sappraval. Name 1. . . . . . . . . . . . . 2. ..... ....... 3. . . . . . . . . . . . . 5.13 �iE REQ�LZ. Address . . . . . . . . . . . . . ............. . . . . . . . . . . . . . Any �ive (5) registered voters may form th�nselves into a committee for the purp �se of bringing about the rec�ll of any elected officer of the City in acco dance with procedures established in Section 5.03. The committee shall oert fy to the City Clerk the name of the offioer whose removal is sought, a stat� ment of the grounds for renwal in not more than two hundred fifty (250) words, and their intention to bring about the 1G PagE 9 - Ordinance No. rec� 11. A copy of this certificate shall be attached to each sic�ature gaper and no signature paper sha].1 be put into circulation previous to such oert ification. (Ref. Ord. 525} 5.1� . RE'CP�I�L PETITIONS. . y�. . �. Pro� �sing the recall of . . . . . . . . . frcan office as . . . . . . which rec�11 is sought for the reasons set forth in the attached certificate. This movEnent is sponsored by the follawing comanittee of registered voters: Name 1. ............ 2. . . . . . . . . . . . . 3. . . . . . . . . . . . . 4. . . . . . . . . . . . . 5. . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The .uzdersigned registered voters, understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recaLl election for that purpose. Name l. . . . . . . . . . . . . 2. . . . . . . . . . . . . 3. . . . . . . . . . . . . Adaress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . At t le end of the list of sic�atures shall be appended the affidavit of the circ ilator. (R�ef. Ord. 625) 5.15. FILING OF PETITION. With in thirty (30) days af ter the f il ing of the or iginal certif icate, the aommittee shall fil e the oompleted petition in the Off ioe of the City Clerk. The �ity Clerk shall e�mine the petition within the next f ive (5) days, and if t ie City Clerk finds it irregular in any way, or finds that the number of sigr ers is less than twenty-five (25) percent of the total number of regi �tered voters of the Ward or City represented by the office holder, the City Clerk shall so notify one (1) or more members of the committee. The �mnittee shall then be given ten (10) days in w hich to f ile additional signiture �pers and to c�rrect the petition in all other respects, but they may iot change the statenent of the gro�mds upon which the recall is sought. If �t the end of that time the City Clerk finds the petition still insu:ficient or irregular, all the members of the oommittee shall be notif ied to t�at effect and the petition shall be filed in the City C1erk's offive. No furt�er action shall be taken thereon. . � � 1H � � Page 10 - Ordinance No. 5.17 . PROCEDURE AT RE(�L�L II,FICTION. The �lerk shall include with the published notice of the election the stat �ment of the grounds for the recall and also, in not more than five h�d �ed (500) words� the answer of the offioer c�ncerned in justification of the �urse in office. Candidates to succeed the offioer to be recalled shall be n� �minated in the usual way, and the election shall be conducted as far as poss.ble, in acoordance with the usual procedure in municipal elections. 5.18 F�DRM OF RF7CALL BAIS�OT. Unle; ,s the offiver whose renaval is sought resigns within ten (10) days after the eceipt by the Council of the wmpleted recall petition, the form of the kaall� �t at such election shall be: "Shall .. ..... be recalled?", the name of the offioer whose rec�ll is sought being inserted in the blank, and thos� voting shall be permitted to vote separately "Yes" or "No" upon this ques�ion. The ballot shall also oontain names of the candidates to be voted u�on to fi11 the vacancy, in case the recall is successful, tmcier the caption: "Can� iidates to fill the place of . . . . . . . . . . . � if recalled"; but the ��ffioer whose recall is sought shall not be a candidate upon such ballot. If a majority of those voting on the question of recall vote in favor of reca: 1, the official shall be thereby renaved frwn offioe, and the candidate who :eceives the highest number of votes shall be elected thereto for the re�na: nc;er of the �expired term. If the offioer sought to be recalled resigns with n ten (10) days after the receipt by the Council of the oompleted recall Feti� .ion, the fonn of }aallot at the election shall be the same, as nearly as poss ble, as the form in use at a regular m�ici�al election. 6.01 Z�3E QTY MANAGIIt. The �:ity Manager shall be the Chief Ac�ninistrative Off icer of the City, and shal: be chosen by the Council solely on the basis of training, experience and acfii; �istrative qual if ications. The choice shall not be 1 imited to inhabitants of tle City or State but shall be limited to a citizen of the United States. The �:ity Manager shall be appointed f or an indef inite period and shall be remo� able by the Council at any regularly scheduled meeting provided at least thre� (3) menbers of the Council vote for the renwal. (Ref. Ord. 790) 6.02 POFTF�tS AI�ID DUTIES OF THE QTY MANAGIIt. e) To attend all meetings of the Council, with the right to take part in ihe discussions but having no vote; but the Council may at its discretion � xcludse the City Manager f r�n meetings at which the City Manager' s renaval s consictiered; f) To reoommend to the Council for adoption such measures as may be �,eemed necessary for the welfare of the people and the efficient � c�ninistration of the City's affairs; 1J Page 11 - Ordinance No. (h) To perform such other duties as may be prescribed by this Cha rter or required by ordinances or resolutions adopted by the Council. ( Ref . Ord. 790 ) 6.09 . S�7BORDINATE OFFICER.S. Ther : shall be a City C1erk, City Treasurer, City Attorney and such other offirers subordinate to the City Mana ger as the Council may provide for by ordi�ance(s). The City Clerk shall be subject to th e direction of the City P�',ana �er and shall have such duties in connection with keeping of the public recc�ds, the custody ana disbursement of the public f unas, ana the general ac�hnilistration of the City's affairs as shall be ordained by the Council. The City Clerk may be designated to act as Secretary of the Council. The Council rray �y orclinance abolish offioes which have been created by ordinance and it may combine the duties of various offices as it may see fit. (Ref. Ord. 625, 790) 7.06 . F�IFORC�'.�Tr OF THE BUDGET. It szall be the duty of the City Manager to enfor�e strictly the provisions of the budget. The City Manager shall not approve any order upon the City Treasurer for any expenditure unless an appropriation has been made in the budcet, nor for any expenditure covered by the budget unless there is sufi icient unencumbered balance left after deducting the total past expe zditures and the s�an of all outstanding orders and encumbrances. No offi rer or �nployee of the City shall place any orders or make any purchases exce ?t for the purposes and to the amounts authorized in the budget. Any obli�ation incurred by any gerson in the gnploy of the City for any purpose not �uthorized in the budget or for any amount in excess of the amount therein auttorized shall be a personal obligation upon the person incurring the expezditure. 7.19 . AOOOUNI'S AND REPOR7.5. The �ity Manager shall be the Chief Accounting Off icer of the City and of eveiy branch thereof, and the Council may prescribe and enforce proper accoanting methocZs, forms, blanks, and other devioes consistent with the law, this Charter and the ordinances in a ccord with it. The City Manager shall submit to the Council a statenent each month showing the amount of money in the �ustody of the City Treasurer, the status of all fimds, the amount spent or ciargeable against each of the annual budget al].owances and the balances left in each and such other information relative to the f inances of the City as tie Council may require. The Council may at any time and shall annually prov ide for an audit of the City fi.nances by a certified public aco�untant or by t ie department of the State authorized to make examination of the affairs of m inicipalities. On or before the first day of April in each year the City Mana �er shall prepare a oomplete fi.nancial statenent in form approved by the Coun :il of the City's financial operations for the preceding calendar year, and �uarter, which statenent may be published in such manner as the Council may �irect and a s�nnn�ary thereof shall be published in the official newspaper on c r before the third week in April, July, October and January as appr�priate. (Ref. Ord. 625) 1K Page 12 - Ordinance No. 7.15 ,�(J�IDED D�BT AND DEBT LIMIT. 2. 'he Co�cil by a vote of at least four (4) of its membaers may authorize the issuance of the bonds to provide funds for any public purpose not proh_bited by law, or may in its discretion, by a majority vote of al 1 of its m�ib� �rs sutmit to the electorate propositions for the issuance of such bonds. When such a pro�sition is sul�nitted to the electorate, no bonds or other term obli;ations of the City may be issue d except pursuant to a favorable vote of a majcrity of those voting on the proposition of their issuance. By the proc��edings for the issuance of any bonds, by the terms of the bonds and by agre �nents with the purchasers of bonds, they may be mac3e special in character and .imited in their �yment to earnings or to part earnings and part tax fund,;. To�the extent that they are thus �yable out of earnings or other than tax :`�mds, such bonds shall not be paid out of taxes. The total bonded debt of t;�e City at the time of the issuance of any bonds shall not exceed ten pera �nt (10$) of the last assessed valuation of the taxab].e property therein, or t] .e limit authorized by State law for cities of the same class, whichever is tie greater, but in computing the total bonded debt, certif icates of indel �tec�ess, bonds, warrants or other obligations issued before or after acbp� ion of this C�arter shall not be included or counted if (1) held in a sink Lng fund maintained by the City; or (2) issued for the acquisition, equi;ment, purchase, oonstruction, maintenance, extension, enlargement or impr��vesnent of street railways, telegraph or telephone lin�es, water, lighting, heat and power plants, or either, or any other public vonvenience from which a reve �ue is or may be derived, owned and operated by the City, or the acquisition of property needed in connection therewith, or for the oons1xuction of public drainage ditches, storm and sanitary sewers, or for the aoqu.sition of lands for streets, g�rks, or other public improvements or f or the . mprovenent thereof, to the extent that they are �yable frcm the proceec� of a,sessments levied upon property especially benef ited by such improvenents; or (:) issued for the creation of maintenance of a permanent improvement revo:ving f�md; or (4) for the purpose of anticipating the collection of gene: al taxes for the year in which issued. 7.16 F�ORM ADID REPAYME[�P OF BCJI�ID6. No bcnds shall be issued to ru� for longer than the reasonable life expectancy of t ie property or improvement for which the bonds are authorized, as asce�tairred and set forth in the resolution authorizing such bonds, and in no case shall bonds be issued to run for more than thirty (30) years. The purpcses for which bonds are authorized shall be set forth in the resolution authcrizing theqn and the prooeeds from such bonds shall not be diverted to ariy othe� purpose. It shall be the duty of the City Manager to include in the budgE t estimates each year a st,an or s�ans amply su£ficient to pay the principal of, �nd the interest on, any bonds which are to fall due in the ooming f iscal year, and another sum sufficient to pay the interest for the same year on the bond: which will be'still outstanding. It shall be the duty of the Council� enf o�ceable by mandamus upon the suit of any bondholder or taxpayer, to incl� de such s�n or s�ans as may be neoessary for this purpose in the annual budgEt which it passes. 1L Page 13 - Ordinance No. 11. 0 i. AJBLIC iITILITY, HOhT SC�D. No p�blic utility vwned by the City, whether aqquired prior to the adoption of this Charter or thereafter, shall be sold 4r o'�ierwise disposed of by the City, unless the full terms of the propositi�n of said sale or other ciisp �sition thereof, together with the prive to be paid therefore, shall be �nbo 3ied in an ordinance �ssed by an affirnlative vote of at least four (4) mem�:rs of the Council, and submitted to the electorate at a general or spec.al election and appraved by at least sixty (60) percent of those voting ther :on. 11.0 ►. MJNICIPAL UTILI'I'Y ORGANIZATIONS. 1. 'he Council by majority vote nay provide for the establishment of a sepa rate department to achninister the utility function, including the regu .ation of privatelX owned and operated utilities and the operation of m�i ;ipally vwne�! utilities. Such department shall keep separate financial and icco�ting reoords for each municigally owned and operated utility and prio - to the first day of each fiscal year shall prepare a comprehensive repo �t of each utility in accordance with the City Manager's Specifications. 12. 0 S. OA�3 OF OFFICE. �eL � officer of the City shall, before entering upon the duties of the offi :e, take and subscribe an oath of offiae in substantially the following form ; "I do solannly swear (or affirm) to support the Constitution of the Unit �d States and of the State of Minnesota and to discharge faithfully the duti:s devolving upon me as (Mayor, or Councilmenber, or City Manager, etc.) of t iis City to the best of my judgement and ability. " 12. 0 E. QTY OFFICERS I�DT ZO AOCEPT FAVORS OR �NIIi��1C1'S. No m�mber of the City Council or enployee of the City shall solicit or reoeive any �ay, oonun.ission, money, thing of value, or derive any prof it, di rectly or indirectly, from or by reason of, any improvement, alteration or repair requ'.red by authority of the City, or any oontract to which the City shall be a�:ty, exce� lawful c�ompensation, including authorized expenditures, or sala .y as such manber of the City Council or as such eqnployee. No member of the �ity Council or �nployee of the City, exce� as otherwise provided in this Char:er, or kyy law, shall solicit, accept or receive, directly or indirectly, from any public utility corporation or the owner of any public utility or fran ;hise, any pass, frank, free ticket, free service, or any other favor, upor. terms more favorable than those granted the public generally. A viol�tion of any of the provisions of this Section shall disqualify the offe ider, if fot.uid guilty, fran aontinuing in offioe or in the employment of the :ity, and the offender shall be renaved therefrom. Any oontract with the City in which any member of the City Council or employee of the City is, or becones, directly or indirectly interested personally shall be voidable at the opti�n of the Council; and any money which shall have been paid on such cont ract by the City may be recovered from any or all of the persons inte:ested therein by joint or several action. Page 14 - Ordinance No. 12.Oi. OFFICIAL BOND6. The �ffioes of City Manager, the City Clerk and City Treasurer and such other off i;ers or enployees of the City, as may be provided for by ordinance, shall each, before entering upon the duties of their respective offices or anpl >yment, give a corporate surety bond to the City in such form and in such amow �t as may be fixed by the Council as security for the faithful perforn�anoe of t: �eir respective official duties and the safekeeping of the public funds. Such bonds shall be approved by the City Council and approved as to form by the �:ity Attorney. They shall be fi.l.ed with the Secretary of the Council. In the ��vent the Secretary of the Council holds more than one il) office by ap�o .ntment, the Secretary's bond or bonds shall be filed with the Mayor. The prov isions of the laws of the State relating to official bonds, not ir.co� �sistent with this Charter, shall be complied with. The premiums on the corp��rate surety bonds hereinbefore provided for shall be p3id by the City. PASS: �D AND ADOPTED BY THE QTY Q�IJNCIL OF THE CITY OF FRIL[,EY THIS DAY OF , 1986 ATTE� �T : SHI1Z �EY A. HF�F�PALA - CITY CZERK Publ .c Hearing: Firs� . Reading: Seco: �d Reading: Publ . sh : May 19, 1986 June 2, 1986 WILLIAM J. NEE - NF�YOR 1M �% 'i � � FOR CONCURRENCE BY THE CITY COUNCIL -� APPOINTMENTS � June 16, 1986 (Tabled June 2, 1986) �';�_►� � � �1 ��.M V� �� • 1 Y �. � • • Is �1 „.1 `` 1�,-t� Ma ga r et H endl ey 11 3 Cxaiq Way N. E. � , 571-27 57 ) Ai PEAi�S CDMlI.SSIDN Di sr►e Savaqe SE7 Rice Creek Terrace �. 571-3862) Jf rrv Sherek 1`_3073-1/2Avenue � . 784-6444) ✓ 1'.• 'S V• • Y �• 1 `� (�� DE le �hamrason 4� 76 3rd St. N. E. L . 572-8684) (B. 297-1802) B; uce Peterson $ app�i nted [v : �f a.1 t�. �i,T��I � i•:'� D� le Peterson $ a�irrted _ � *� �► �. - 4-I-68 4-1-89 4-1-89 4-1-87 4-1-89 4-1-88 4-1-89 � �; ; �, i� �• Pat Gabel 5947 2-1/2 Street NE (H. 571-1288) (� ar er�ce (Gene ) Rez ac 1561 Camelot Lane (H. 574-0629) (vacated b� Louis Schmidt 10/85) Jean Gerou 1650 Briardale Rd. NE (H. 571-6736) J�nes Plemel 6864 Qzaru�el Rd N. E. (H. 571-0026) (vacated b� Patricia Gabel 12/85) Tcn► G ronl tmd 7411 Lyric Lane (H. 786-7459) 4-1-89 Bruoe Peterson 7503 Tenp� Terr. NE (H. 786-9898) Duar�e l�ters�n 1021 Hath�aay Ln. NE (H. 571-3386) 2 �•. � �� • :,�• r•� i• �• � � �� Di� :k Yo�mg Re .voointed Da: u. el All en �e .rx�irrted s ��.r „� ♦ �• De..n Saba Re �i:-:ted Bs �ce Bondaw �a pnointed : • �.-� � •,�� i� Q �udia Dodge 70. Rioe Creek Terraoe W 422-5199) Pe .er Fieroe t�e ppoi r�ted Di :k Storla � 8 Alden Way ,�-i 571-6726 ) 4-1-89 4-i-69 4-1-88 4-1-89 4-1-89 4-1-89 4-1-89 4-1-88 • � �► :�� • i� •>�. � •• iy �� ►:�• � Jd ,n E. Meyer 7g� �g Alden Way N. E. � 571-5328) ��: •- �• � � �• I�� is Hauge �a .,�ointed �, �u 6-9-91 4-1-89 Dick Yo�mg 5695 Quitx.y St. N. E. (H. 571-8098) Daniel Allen 6200 Rioe Creek�Dr. NE (H. 571-3137) Dale �hanpson 4976 3rd St. N. E. (H. 572-8684) Dean Saba 6325 Van B uren St. NE (H. 571-1953) Bruoe Bondow 6616 Central Ave. NE (H. 571-0163) Rpbert Miriton 1538 N. Oberlin Circl e (H. 574-1173) Peter Pierce 572 Rive Creek Terr. (H. 571-7045) Harold Belgum 191 Hartman Gi rcle (H. 571-1191) Flmars A. Prieditis 6031 Benj anin St. NE ( H. 571-723 0) Mavis Hauge 645 67th Ave. NE (H. 571-1083) . 2A MEMORANDUM Ci1 Y OF PRIDLEY t/0 64; 1 UNIVEASRV AVE. NE. FAt 7LE�/� MN. 65432 I61� 571-3450 OFFICE OP THE CITY MANAGER NASIM M.OUiiESMI June 10, 1986 MEMO T0: THE HONORABLE MAYOR AND CITY COUNCIL FROM: NASIM M. QURESHI, CITY MAIVAGER SUBJECT: LODGING TA.Y ORDINAIVCE As part of the process of establishing a North Metro Convention and Tourism Bureau our City Attorney has drafted a uniform ordinance to be passed by the Cities of Fridley, Brooklyn Center, and Brooklyn Park. This ordinance would impose a 3X tax on room rental in any hotels or motels in the City. According to State law 95% of the tax revenues must go to a convention and tourism bureau. If the lodging tax ordinance is passed on first reading, a resolution authorizing execution of a convention and tourism bureau agreement will be presented to the City Council for consideration along with the second reading of the ordinance. The resolution and the accompanying agreement are included in your packets. It will also be necessary at that time for the City Council to designate someone to represent the City of Fridley as a member of the Corporation of the North Metro Convention and Tourism Bureau as well as a member of Che first Board of Directors. �3 3A ORDINANCE 1�A. AN ORDINANCE CREATING CHAPTER OF THE CITY CODE RII�ATING TO A TAX INS�'OSED UPON LODGING G�iERI AS, the Legislature has autihorized the im�osition of a tax upon lodging at a hotel, r�otel, rooming house, tourist court or other use of space by a tran:ient; and 4�HERi AS, the iriposition of such a tax would provicie funding for a convention ann tourism bureau to promote the City as a tourist and convention center. Dt'7W, THF�2EF�RE, BE IT RFSOVLID the City of Fridley hereby ordains that Chapter of the City Code is created to read: CEi�rER LODG ING TAX 1. IEFINITIONS For t he purpose of this Chapter, the follaaing terms, phrases and words, and theii crerivations shall have the meaning given herein. j�'hen not inconsistent with the context, words used in the �.esent tense include the future, words in the �lural nimber include the singular nwnber and words in the singular n�unber inclt de the plural number. The word "shall" is always manciatory and not mere]y directory. A. The term "director" means the Finance Director of ti�e City. B. The term "city" means the City of Fridley. C. The term "lodging" means the furnishing for a consideration of lodg�ng by a hotel, motel or rooming house except where such lodging shall be for ,. continuous period of 30 days or more to the same lodger ( s). The furn�shing of rooms by religious, educational or non-prof it organizations shal] not constitute "lodging" for purposes of this Chapter. D. The term "operator" means a person who provides lodging to others or any cfficer, agent or �nployee of such person. E. The term "person" means any inaividual, corporation, partnership, association, estate, receiver, trustee, executor, aciministrator, assignee, synd.cate, or any other combination of individuals. Whenever the term "per:�n" is used in any provision of this chapter prescribing and imposing a �enalty, the term as applied to a corporation, association, or partnership, shal] mean the officers, or p�rtners thereof as the case may be. F. The term "rent" means the total oonsideration valued in money charged for l�dging whether Faid in money or otherwise, but shall not include any charc�s for services rendered in connection with furnishing lodging other than the L�om charge itself. 1. The term "lodger" means the person obtaining lodging from an oFer� tor. 3B Page 2 - Ordinance No. 2. :t�iPOSITION OF TAX Ther: is hereby imposed a tax of three percent on the rent charged by an o�er�tor for proviaing lodging to any person on and after August 1, 1986. The tax �hall be stated and charged separately and shall be collected by the o�eritor from the lodger. The tax co3lecteci by the operator shall be a debt owed by the operator to the city and shall be extinguished only by payment to the :ity. In no case shall the tax imposed by this section upon an operator exce�d the arnount of tax which the o�erator is authorizeu and required by this cha�::er to collect f rom a lodger. 3. 70LLECTIONS Each o�erator shall collect the tax imposed by this chapter at the time the rent is paid. The tax collections shall be deemed to be held in trust by the o�er�tor for the city. The amount of tax shall be se�rately stated f rom the rent charc�ed for the lodging. 4. :XCEFTIONS A1�ID EXE[�IFPIONS A. Exce�tions. DIo tax shall be imposed on rent for lodging gaid by any off i:er or employee of a foreiyn yoverranent who is exempt by reason of express �;rov .sions of federal law or international treaty. B. Exemptions. An exeription shall be granted to any person as to whom or w:ose occugancy it is beyond the power of the city to tax. No exemption shal . be granted exce�:t upon a claim therefor macie at the time the rent is ooll:cted ana such a claim shall be made in writing and unner penalty of ��erj iry on forms provided by the city. All such claims shall be forwardeci to tl-ie :ity when the returns and collections are submitted as required by this chap .er. 5. , �D�IEE�PISII� I�A TAX It s:�all be unlawful for any operator to advertise or hold out or state to the publ.c or any customer, directly or indirectly, that the tax or any part ther� �of will be assumed or absorbed by the oFerator, or that it will not be ac�de� I to the rent or that, if added, it or any part thereof will be refunded. In a�mputing the tax to be collected, �nounts of tax less than or�e cent shall be c�nsidered an additional cent. 6. : �AYMENT AI�ID REIURNS The • axes imposed by this chapter shall be paid by the operator to the city montl ly not later than 25 days after the end of the month in which the taxes were collected. At the time of �ayment the operator shall submit a return upon such form.s and containing such information as the director may require. The : eturn shall contain the follawing minim�sn information: 1. "he total amount of rent collected for lodging during the period covered 1 y the return. 2. "he amount of tax required to be collected and due for the period. 3C PagE 3 - Ordinance No. 3. i'he signature of the person filing the return or that of his or her agent auly authorizeci in writing. 4. I'he period covered by the return. 5. ['he amount of uncollectable rental charges subject to the lodging tax. The oFerator may offset against the taxes payabl e with respect to any re�o-ting period, the amount of taxes imposed by this cha�.ter previously �a id as < result of any transaction the consideration for which became urico_lectable during such re�orting period, but only in proportion to the �ort_on of such consideration which became uncollectable. 7. �XAMINATION OF REZLTRN, ADJUS�NTS, I�ATIGE.S ADID DE1�PID6 CThe lirector shall, after a return i s f il eci, examine the same and nake any inve�ticaticn or exar�ination of the reo�rds and accounts of the person making the �eturn cieen;ed necessary for cietermining its correctness. The tax computed on t�e tasis of such examination shall be the tax to be �ai . If the tax due is f�und to be greater than that �id, such excess shall be paid to the City with .n ten ciays after receipt of a notioe thereof given either personally or sent by registered r�ail to the address shawn on the return. If the tax paid is g eater than the tax founci to be due, the excess shall be refunded to the �ers� �n who �aid the tax to the City within ten days af ter determination of such ref �u. 8. : ;EFUI�IS Any �erson may apply to the director for a refund of taxes paid for a �res;ribed period in excess of the amount legally csue for that period, prov. ded that no application for refund shall be considered unless filed with: n one year after such tax was paid, or within one year fro�n the filing of the �eturn, whichever period is the longer. The director shall exam ine the clair anti make ana file written findings thereon denying or al.lawing the clai.m in wtole or in part and shall mail a notice thereof by registered mail to such �.ersc n at the address stated upon the return. If such claim is allowed in whol : or in part, the director shall credit the amount of the allowance agair st any taxes due under this chapter from the claimant anci the balance of said allawance, if any, shall be paid by the director to the claimant. 9. F AILURE � FII,E A REZURN A. If any operator required by this chapter to f ile a return shall fail to dc so within the time prescribed, or shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the operator shall, upon written notic � and demand, file such return or corrected return within five days of recei pt of such written notioe and shall at the same time pay any tax due on the k3sis thereof. If such person shall fail to fi1 e such return or corrected returz, the director shall make a return or corrected return, for such person from �uch knawledge and information as the director can obtain, and assess a tax c� the basis thereof, which tax (less any payments theretofore made on acco�it of the tax for the taxable period covered by such return) shall be g�id ipon within five days of the receipt of written notice and demand for such �ayment. Any such return or assessment made by the director shall be prim� facie correct and valid, and such person shall have the burden of estatLishing its incorrectness or invalidity in any action or proceeding in respe rt tYiereto. � Page 4 - Ordinance No. B. If any portion of a tax imposed by this chapter, including penalties ther��on, is not �aid within 30 days af ter it is required to be �aid, the City Atto r�ey may institute such legal action as may be necessary to recover the amouit due plus interest, penalties, the costs ana disbursements of any acti� �n. C. Upon a showing of good cause, the director may grant an operator one thir� .y (30) day extension of time within which to file a retuzn and make �.aym� �nt of taxes as required by this chapter provided that interest during such period of extension shall be added to the taxes due at the rate of 10 �era �nt per anntmi. 10. PIIVALTIFS A. If any tax imposed by this chapter is not paid within the time herein spec.fied for the payment, or any extension thereof, there shall be added ther �to a s�cif ic penalty equal to 10 �ercent of the amount rgnaining unFaid. B. In ca:e of any failure to make and file a return within the time �res:ribed by this cha�ter, unless it is shaan that such failure is not due to wi11:u1 neglect, there shall be added to the tax in addition to the 10 percent spec .fic penalty provided in A above, 10 �ercent if the failure is for not more than 30 days with an additional 5 percent for each additional 30 days or frac:ion thereof during which such failure continues, not exceeding 25 peroent in tie aggregate. If the penalty as computed does not exceed $10, a minimu¢n �ena .ty of $10 shall be assessed. The amount so added to any tax shall be coll �cted at the same time and the same maruier and as a p�rt of the tax unless the ;ax has been paid before the discovery of the negligence, in which case the unount so added shall be collected in the same manner as the tax. C. If any person willfully fail s to f ile any return or make any gayment requ .red by this chapter, or willfully files a false or fraudulent return or will:ully attempts in any manner to evaae or defeat any such a tax or payment ther�of, there shall also be ir�posed as a penalty an amount equal to 50 �erc �nt of any tax (less any anounts �aic1 on the basis of such false or rrau�ulent return) founa due for the period to which such return related. The pena_ty imposed by this subdivision shall be collected as gart of the tax, and shal_ be in addition to any other penalties provicied by this chapter. D. AlI �yments reoeived shall be credited first to penalties, next to inte:est, an then to the tax due. E. The amount of tax not timely p3id, together with any penalty provided by t iis section, shall bear interest at the rate of 8 percent per annum from the :ime such tax should have been paid until g�id. Any interest and penalty shall be added to the tax and be collected as part thereof. 11. �AIaMINISZRATION OF TAX The �irector shall administer and enforoe the assessment and collection of the taxe� imposed by this chapter. The director shall cause to be preFa red blank form � for the returns and other doctunents required by this chapter and shall dist:ibute the same throughout the city and furnish them on application, but iailure to receive or secure them shall not relieve any person from any obli�ation required of him under this chapter unless it can be established that the rec�ired forms 4�re not available fran the City. �► 3E Page 5 - Ordinance No. 12. F,�SAMIlJE REQORDS The ��irector and those persons acting on behalf of the director authorized in writ.ng by the director may examine the books, papers and records of any o�er�tor in order to verify the accuracy of any return made, or if no return was ;,aae, to ascertain the tax as provided in this chapter. Every such oper�tor is directed and required to give to the said director or to his duly auth� �rized agent or employee the means, facilities and opFortunity for such exam nations and investigations as are hereby authorized. 13. QONJ.�2ACT WITH STATE TY�,e �:ity Manager is authorized to confer with the riinnesota commissioner of taxa ion to the end that an agreement between the City and the commissioner of tax�tion may be entered into for the purpose of providing for the acuni; .istration and collection of the taxes imposect by this chapter. Such an aGre� n.ent shall not become effective until presented to the council for its aFpr�val ana when so approved the tax imposed by this chapter shall be coll�cted and ac�ninistered pursuant to the terms of said agreenent. 14. VIOLATIONS Any ;�erson who shall willfully fail to make a return required by this chapter� or w; .o shall fail to pay the tax af ter written demana for �.ayment, or who shal: fail to remit the taxes collected or any penalty or interest impose d by this chapter after written demand for such payment or who shall refuse to �erm:t the director or any duly authorized agents or eraployees to exam ine the book: , records and papers uncler his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misnE meanor. 15. USE OF P�OC�EAS The linety-five (95$) percent proceeds obtained from the collection of taxes �urs�.ant to this chapter shall be used in acoordance with riinnesota Statutes Sect:on 477A.018 as the same may be amended from time to time to fund a local conv�ntion or tourism bureau for the purpose of marketing ana promoting the city as a tourist or convention center. 16. APPEALS A. Any operator aggrieved by any notioe, order or c3etermination maae by the cirector under this chapter may f ile a petition for review of such notice, orde: or aetermination detailing the operator's reasons for contesting the noti�e, order or determination. The petition shall contain the name of the petiiioner, the petitioner's address and the location of the lodging subject to tle order, notice or determination. B. The petition for review shall be filed with the City Qerk within ten days after the notice, order or determintion for which review is sought has been mailed or served upon the person requesting review. C. Upon reoeipt of the petition the City Manager, or his designee, shall set � date for a hearing and give the petitioner at lease five days prior writien notice of the date, time and place of the hearing. Page 6 - Ordinance No. D. At the hearing, the petitioner shall be given an opportunity to show caus� � wliy the notice, order or determination should be modified or withdrawn. The �etitioner may be re�resented by counsel of �titioner's �hoosing at �eti� .ioner's own expense. E. The hearing shall be conc;ucted by the City Manager or his designee, Frovided only that the person conducting the hearing shall not have �art ciFated in the drafting of the orc�er, notice or determination for which revi� :w is souyht. F. The per�on conducting the hearing shall make written f inclings of fact ana �onclusions based upon the applicable sections of this cha�ter and evid��nce presented. The person conducting the hearing may affiun, reverse or n�oai y the notice, order or cietennination made by the director. G. Any decision rendered by the City rianager pursuant to this su�ci .vision may be a�,pealea to the City Council. A petitioner seeking to ap�e �l a ciecision must file a written notice of appeal with the City Clerk with .n ten �.iays after the decision has been mailed to the petitioner. The matt�r will thereupon be placed on the council agenda as soon as is practical. The �ouncil shall then review the finaings of fact ana conclusions to dete znine whether they were correct. Upon a determination by the Council that fina .ngs ana conclusions were incorrect, the Council may moclify, reverse or «ffi rm the aecision of the City rlanager or his ciesignee upon the same stan iarcis as set forth in subdivision F. 17. EFFECTIVE LIATE This oruinance shall become effective August 1, 1986. PASS ;D AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRII�,EY THIS I�AY OF , 1986 WILLIAM J. NEE - A'Y�YOR ATTE �T: SHIR .EY A. H�PALA - CITY Q�E�2K 3F SAV #86-01 Leslie Kohanek • •+� r • � • AN OFtDINAN(� UDID�ER SDGTION 12.07 OF THE CITY CHARTER TO pp,�� g�,F� p,� AT•T,EVS p� � AMF�ID APPENDIX C OF THE CITY �DE 'I'he Cit � Gouncil of the City of Fridley does ordain as tollaas: SFC�ION 1. For ttie vacation of a drainage and utility easement described as tollaws: Vacate an easement for drainage and utility purposes over that �rt of the west half of the vacated Gumwood Streeet lying between Block 5 and 6, Onaway and bouncied on the north by the westerly extension of the north 1 ine of Block 6, Onaway and bounded on the south by the westerly extension of the south line of Block 6, Onaway, the same being 55 - 77th Way N. E. All lying in the south half of Section 3, �30, R-24, City of Fridley, CAUnty of Anoka, Minnesota. Be and is here�by vacated. SECTION 2. The said vacation has been made in contormance with Minnesota Statutues and pursuant to Section 12.07 of the City Charter and Appendix C of the City Cocle shall be so amended. PASSID �ID ADOFrID BY �iE CITY OOLJNCIL OF THE QTY OF FRIIg,EY THIS IY�Y OF _, 1986 WILLIAM J. NEE - MAYOR ATTFST: SEIIRLEY A. HAAPALA - CITY Q,ERK Public iearing: Fi rst F :aciing : Second zeading: Publica aon: 4 , �� I� , ,\ � I 1 ;�i� �. � �',� ,� � A � ,� . '1 � , + ,\ v . `;; � `r, ., ,1� - � � s',iE , � � � �� :io�zi 1 �3 a SAV #86-01 : . .�. ,..�ew. ' � � , '� . . � ... . _• �'� � �; � ' \, � i� Leslie Kohanek � � ! � �. � � '�� • � '• � I i ; �' �� ` � ; � � . I .ET - - -�� ' � ! . ..,�. ; :, �� ' ' a � . . t � � i , '3�';: 3z w �I .'9 ?g �� s 24 . I - " , I �� : ,� F , i. 1 ;, 3 ►� � '� i' : � t .�•.•�� . . .r , •, .- . . .� � 1 ` i �-. �, '�� 3Y -� t �►, s�•�'` s. _ I r � , ,, '�;� , � i. .� 1 � (` ' 1 � ! . � �, i � .� '' �� -� � �� j � � '� ' ' �k- r _ o �,;� .��is;ic� � �9 �z�, y� : � ! �j , ; ? ; • . � ., :, , � _.. ' : �_ _ ._ _. _ ! . _ . . _.. _ � � — - — _ ��,- . - '�� .�v �. . � �'� - -- � c ____ '� - � � . - - '� .�wr+r fe' n!�t�'� . --- - — ---.. .� , �wv ,* �r . — � . . , � ,� � . i� '+ iN � «r� �. :��'►4�0 . v � / y f .�. � /6 � � � O. � = r � �_ , X !� � f� / tJ9.1---- � � / � � 0 ��"" � � { � ,� v • � � ..' r' , _ �i a »c.� 2 �4 W � i, ri �+ � � J r " ' N •� •; �/it _� i• "'�� ,, t � /r � _.G..... � � "_ � �c 7 � , � —e��, �- —r,— ., ,d 13 � �`8 � �, � � ' t4 9 •, ' 9 � �' !T �N ' � `� �o._ •� rs io ;,. Is io /f- � \" �� Z � � _ .. I -- z' , ��- „ 3 �•- V --- .�j�- ?�. �•.~f �:� � `� �a � �► ,� . .� if . � _ ^ � . • e �. _ �x �g t y : ,y ° Z1�. /I :^ ` __ c._ �r � .�.- _.�... � � = :S T�1� �'�'.,�x � NUt • ADD. . ., ., � , 5 ' � ` . w � r• t � ' :.t� �' , � ' • I �v _ - , - --- 1 �• � • � � ~ . �~ � , ,' � i � � t � ' "' -1 � :{'_ '1 . . �. � � .' )�� ; . � �,. � .� :• r ' .r . , °� \ , • ` .i / � � f �, � . . r - ��` i � � 7 • tl 7 �. � , � e � � � PEA� �SA��S `� � `` .. ....'" � , _ ` ` f ,,, M • � � j ' ` ' ' �0 �•r� , �- � ' � �` � iC s � ZJ • i0 . � 2 N� =� 'r'� , i / ' '� `l� 'r`� /- �� v �J , • '• w � i /N. . � , ♦ . . . /� 1 1' '° r �S / � � � f�1O�. � -�� i : ' t • � ° (,c i � �. �' '�'= `1 �9�` __ • -ZL N - . � � i ,I� . \ -� 'r - JC � e: • •,1 ` LOCATION MAP 5 c�nroF FRlDLEY PLANNING DIVISION �, . . � i�M )�: Jock Robertson, Gomau�ity Development Director MEM> FROM: Jim lmbinson, Planning Coordinator �. r` I�.N ) L�ATE: J�e 12, 1986 t�t1) SU&TEGT: Changes to City Sic� Ordinanoe On Tanuary 29, 1985 the Planning Co�unission reviewed changes to Chapter 214 of r.he City Sic� Code. Cane oomponent of the package included loosening the re� :riction of 80 square feet for pylon sign area. �is issue was later arc �ped and no changes were made to the ordinance regarding pylon sign arE 3. On �pril 7, 1986 the City �uncil appraved a motion directing staff to have a Froposed draft revision of the sign ordinance presented to the City Coilcil by their last meeting in May. On �1ay 7, 1986, staff presented two alternative approaches for pylon sign art a revisions to the Planning Commission for their approval. The Con mission supported a revision schene which correlates sign size to both bu: iness size and zoning. See attached ordinanoe reo�dification. On hiay 13, 1986, the Appeals oarimission made an a�itional recommendation to have those developnents in C-1, C-2 and C-3 with less than 8,000 9q. ft. ot building area and that have a cbuble frontage lot, be entitiled to up to 10( sq. ft. of sic� area if divided between two sic�s or, up to 100 sq. tt. ot area in or�e sign if shared by two businesses. Note the revised oode does r.ot reflect the Appeals Commisssion changes. If Council ciesires to add this larguage staff wi11 prooess the reoommendation through Planning C;o�nmission. On Play 19, 1986, City Council reviewed the proposed sic� ordinance changes anc requested further analysis of variances to the sign ordinance for tne �a: t 3-4 years. An�lysis of sign area varianoe requests sinoe January 26, 1982 is attachecl. ivot e that under heading Variance vs. Proposed Coc3e, the requested variance (sc uare footage) is follawed by the allowed square footage under the prc posed oode. 'Ihe analysis appears to shaw that the proposed ordinance wo� ld not have precluded most of the past varianoe req�ests. Iiawever, many ot the requests are close enough to the proposed ooc3e dianges that it oould be assuned that the requested sic� area would have been voluntarily scaled da n to meet �de. �e key to sucoessful administrative handling of sic�age li� s with an effective fair policy. If staff is prwided with an equitable sy;tem (ie: proposed ordinance), backed by the Appeals Co�unission and City Co�ncil, it will be easier to disuade future varianc�e requests. SIG: i ORDINANCE REmDIFICATION RATIONALE: - 5 A * The enforcement of 80 sq. ft. of area per development is not sensitive to business size or zoning. * The existing sicyl area restrictions have pranted n�unerous variance requests, marYy of which have been granted. *�aluating sicy� policy on a case basis, with variances, leads to inconsistencies in enforcement and fosters competition between businesses seeking large� si�as. * The proposed amencfients will create a fair systen which can be used as a tool to d.isnourage varianve requests. * The proposed amenc�nents are designed to maintain the Fridley "standard" of 80 sq. ft. of sign area for snall and medium size develognents in C-1, C-2 and C- 3, up to 8.000 sq. ft. of floor area. * The proposed amendments restricts C-1 local (neighborhood) businesses to 80 sq. ft. of sicpi area only. * The proposed amencfients allow for medi�an sized sic�s, up to 120 sq. ft. in area, in C-2 and C-3 zones for businesses greater than 8,000 but less than 20,000 sq. ft. in area. * The prop�sed amendnents allow for larger sized sic�s, up to 1 80 sq. ft. in area, in C-2 and C-3 zones for large bu5iness developnents greater tinan 20,000 sq. ft. in area. 3/ 5/ 26/7 5B ORDINANCE N0. AN ORDINANCE RECODIFYING T�IE FRIDLEY CITY CODE CHAPTER 214 ENTITLED "SIGNS" BY AMENDING SECTIONS 214.02 AND 214.11. The City Council of the City of Fridley does hereby ordain as follows: 214.02. DEFINITIONS 16. Ground Floor Area. The measurement of building area exclusive of multiple levels, computed by measurin� the surrounding exterior walls of a building. 214.11. TYPES, SIZES AND SETBACKS FOR C-1, C-2 AND C-3 DISTRICTS 2. Free Standing Signs A. One (1) sign per street frontage. Total maximum si�n area per development not to exceed that allowed with sin�le street frontage. B. A maximum //size// siqn area of eighty (80) square feet //in area// per development//.// in all C-1 zones; and in C-2 and C-3 zones where the ground floor area is less than or equal to 8,000 square feet. C. //A maximum height of twenty-five (25) feet above the finished ground grade.// A maximum si�n area of 120 square feet per development in C-2 and C-3 zones where the ground floor area is �reater than 8,000 square feet but less than 20,000 square feet. D. //A minimum height of ten (10) feet from the bottom of the sign to the finished ground grade when within twenty-five (25) feet of a driveway or a corner vision safety zone.// A maximum si�n area of 180 square feet per development in all C-2 and C-3 zones where the ground floor area is �reater than 20,000 square feet. E. //A minimum distance of ten (10) feet from any property line or driveway.// A maximum hei�ht of twenty-five (25) feet above the finished �round grade. F. //A minimum distance of fifty (50) feet from any residential district.// A minimum heiRht of ten (10) feet from the bottom of the sign to the finished �round �rade when within twenty-five (25) feet of a driveway or a corner vision safety zone. G. A minimum distance of ten (10) feet from any property line or driveway. H. A minimum distance of fifty (50) feet from any residential district. Pag� 2 -- Ordinance No. PASiED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1986 WILLIAM J. NEE - MAYOR ATT 'sST: SHIZLEY A. 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Richard F3rickner, 1233 12th Ave. N.IJ., R. Podvin, 1391 Hississippi St. N.E. Jon & Rachel Gottwald, 1415 P1ississippi Robert & �oris PJelson, 1439 P1ississippi Joseph Menth, 1388 66th Ave. N.E. APPR( VAL OF t1AY 28, 1986, PLANNING C0�1MISSION MIWUTES: New Brighton St. PJ. E. St. N. E. MOTIC!V BY MR. SABA, SECONDED BY MR, SVANDA, TO APPROVE THE MAY 28, 1986, PLANNING COIfM� SSION MINUTES AS F7RITTEN. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTIC.N CARRIED UNANIMOUSLY. 1, f 11fiLIC NFARIPlG: CONSIDERATIO�J OF PRELIl1INARY PLAT, P.S. #86-02 CRFEKRIDGE i I RD BRICK�dER, H S L P1 ER�, . PJD THF CITY F FRIO EY: (onsi eration of a Pre iminary P at, P.S. 86- , Cree ri ge P at y fichard Brickner, Thomas E3lomberg and the City of Fridley, being a replat of � hat part of the lJest one-half of the P�ortheast Quarter of Section 13, T-3�, E-24, described as follows: Commencing at a point which is 742.5 feet Plorth cf the Southwest corner on the l�lest line of said quarter section and 467.5 feet last on a line which is parallel with the South line of said quarter section; �hence East on a line parallel with the South line of said quarter section a cistance of 412.5 feet; thence South at right angles and parallel with the ►est line of said quarter section 107.25 feet; thence LJest parallel with first course a distance of 412.5 feet; thence �Jorth a distance of 1Q7.25 feet to Elace of beginning, containing one acre and two and one-half rods more or less <ccording to the Government survey thereof, also described as part of Lot 6, �uditor's Subdivision No. 10 and now known as Lot 14, Revised Auditor's Suh- civision No. 10, except the East 249 feet, front and rear, according to the �lat thereof on file and of record in the office of the Registrar of Titles �n and for Anoka County, Minnesota, and also that part of Lot 6, Revised �uditor's Subdivision PJo. 10, described as follows: Commencing at a point �67.5 feet East of the Southwest corner of said Lot 6; thence North parallel IfJG C0��IISSION MEETIPJG, JUNE 4, 1986 PAGE 2 �ith the l�lest boundary line �f said lot 6 140.25 feet; thence East parallel �ith the South boundary ��ne of said Lot 6 412.5 feet, more or less, to � point in the East line of said Lot 6; thence South along the East boundary ine of said Loi 6 140.25 feet to the Southeast corner of said Lot 6; thence Iest along said South boundary line to the point of beginning, EXCEPT the last 249 feet, front and rear, according to the plat thereof on file and of iecord in the Office of the Registrar of Titles in and for Anoka County, �innesota, and also all of Outlot A, Dennis Addition, excepting therefrom the last 249 feet and excepting therefrom the West 417.5 feet, according to the rap or plat tf�ereof on file and of record in the office of the Registrar of �itles in and for Anoka County, P1innesoia, and also all of Lot 1, Block 1, lidden tJoods, and also all of Outlot ], Block 1, Gena-Rae Addition, all lying n the North half of Section 13, T-30, R-24, City of Fridley, County of Anoka, 'tate of Minnesota, :OTION BY MR. BETZOLD, 5ECONDED BY MR. SABA, TO WAIVE THE READING OF THE 1 UBLIC HEARING P10TICE. IPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON DECLARED THE MOTION � ARRIED UNANIDKOUSLY. lOTION BY MR. SABA, SECOl7DED BY MR. SVANDA, TO OPF.N TXE PUBLIC HEARING. iPON A VOICE VOTE, ALL VOTING AYF., ACTING CXAIRPERSON KONDRICK DECLARED TNF. 1UBLIC HEARING OPEN AT 7:36 P.M. �Ir. Robinson stated the property ►vas located north of Creek Park Lane an�i �ast of Central Ave. Proposed was a replat of four paccels, 2140, 1620 all of iutlot 1, Block 1, Gena-Rae Nddition, and Lot I, alock 1, Hidden Woods. The �eplat was being requested primarily because two large lots could be sub- �ivided into four buildable lots. In order for lot 162� to gain access to reek Park Lane, an easement must be granted across the northeast portion of ��utlot 1, Block 1, Gena-Rae Addition. The City would retain oamership of that �ortion of the property. Ilr, Robinson stated that lot 1620 was currently being assessed for sewer and +�ater and street for two lots. Ilr. Richard Podvin, 1391 Mississippi St. N.E., asked that if the City retained �wnership of that corner of the property in order for driveways to access onto �reek Park Lane, who held liability for those driveways--the City or the omeowners? Ilr. Robinson stated the City was just granting access easement, and it would !e the owner's liability. It wasn't any different than anywhere in the City ��i�ere driveways cross city boulevards. I'r, Podvin stated he would like to state the following questions as "food for hought" for the Planning Cormission members: �� PLANN [��G COMMISSIOfJ MEETING, JUf�E 4, 19f36 PA(;E 3 1. LJhy would the son of a s�ccessf�l devel�per purchase landlocked property on �love�nber 1�, 1983, un7ess he knew in advance that there would be a way to open up the land? 2. Did the fact that the school was put up for sale on April 14, 1983, have anything to do with his decision to buy the property? 3. How else could h? open this land without the corner of Gena-Rae? 4.� Did it help to have his father, Tom Brickner, appointed to the Sites and �isposition Committee of the School Roard on Dec. 14, 1982? 5, �id it help him to have his father suggest to the City that thPy obtain Gena-Rae as a park knowing the road would be built to the north? 6. The City had a choice of running Creek Park Lane to the north, thus landlocking lots to the south, or runninct it straight east and west, and landlocking land to the north. Was the road run to the north because Brickner owns land there? 7. Did aricl:ner offer a sr�all strip of land for a walkaiay in exchange for the corner of Gena-Rae? 8. The walkway is approximately 2500 sq. ft. in area. The corner is approx.8000 Sq, ft. Is that a fair exchange for the taxpayer? 9. At the time Gena-Rae was condemned, the City ultimately pa•id the owners 76.5¢ per sq. ft. Using this as a figure, the Brickner strip is worth approx. $1,912. The corner of Gena-Rae, beinq approxi- mately 8,000 sq. ft., is worth approximately $6,12�, leavinc� a difference of �4,208. Is Brickner going to pay the taxpayers the difference? 10. On November 21, 1983, P1r. Boudreau stated,"The City needs a minimum of 3 to 5 acres." The park presently is down to 2.28 acres after subtracting the holding pond, the street, and the upusable 9 foot strip to tF�e north of the street. The Planninq Commission is nov� considering a plat submitted by Richard Brickner which will reduce the park even further, to a total of approximately 2.1 acres. Doesn't the City of Fridley have an engineer on staff creative enough to make use of the corner of the park for the children of this area? 11. At this time, somebody is already building a house on the Blomberg lot included in the preliminary plat you are considering tonight. B�cause Richard Brickner submitted this plat, we assume he is the one building. How can he be buildinn when his plat has not even had preliminary approval yet? IIt�G CfIMMISSI4PJ PIEETI�JG, JUNE 4, 1986 PAGE 4 12. Based on all of these possibilities, could one not assume that the acquisition of this corner was cut and dried as far back as 1983? 13. Mayor Nee, in 1985, gave me his persona] word that the corner in question would always re�ain a part of the park as long as he was Mayor. Is he sti71 the Mayor? Ilr. Joe tienth, 1388 66th Ave. N.E., stated he shared sor�e of the same concerns �xpreseed by Mr. Podvin, He stated he was primarily concerned with the two ots from this subdivision that would face 66th Ave. He stated that currently 11 the homes along 66th Ave. are sinqle story dwellings that have been there 'or about 30 years. He would be concerned with continuity in the neighborhood nd that homes not be built that would be out of character such as two story �ones or split entry homes. Ilr. Richard 6rickner stated he had no plans at this time for these houses, but �e would keep �1r. Menth's concerns in mind. !!r. Robinson stated the City cannot regulate the style of a house. If Ilr. Brickner chose to build a certain style of house, that was up to him. Ilr. �1enth stated he would strongly urge Mr, arickner to consider building ingle story houses on 66th Ave. to maintain continuity in the neighborhood. Ilr. Kondrick stated that P1r. Podvin had some very valid concerns, and he rqed �1r, Podvin to express these concerns to the City Council also as the �ity Council would make the final decision on this preliminary plat. Ilr. Podvin stated that because the City of Fridley felt it needed 3-5 acres �f land for a park, the Gena-Rae property was condemned to use as a park. le stated the neighbors had a promise from Nasim Qureshi, City �lanager, that �very square foot of this land would remain a park forever, He stated he had ��itnesses to that statement. It was his feeling that when land is taken for � park, the land sf�ould remain as a park and not be given away just so Ir. Brickner can build houses. He stated it was sad 4ihen tax revenue was �iore important than children in a neighborhood. Piitting driveways across hat corner of land would make it unusable for children. 7his was the luilder's problem, not the City's or the other property owners'. He stated t was unbelievable that the City of Fridley would give away a corner of this �ark land for free. The taxpayers paid $6,200 for that piece of land, and ior� the City wants to give it away so someone can build on two lots and put wo driveways across it. 1r. Plenth stated he had attended the meeting when the City said they had to Iave a certain amount of area for a park, whether it came out of the Rice ireek School property or somewhere else. He felt this corner piece of property �ould be used as a tot lot or something. tr. Robinson stated he questioned the safety of having a part of a park across he street from the main part of the park. He stated Nr. Brickner's property s being assessed, and he should be al�owed to build on his property. 6C 6D I It�G C�MMISSIf1N MEETI�JG, JUNE 4, 1986 PAGE 5 Ilr. Podvin stated that by granting this easement, the City would be opening �p the north lots, but the south lots were still landlocked, fie stated there ��ere people in the audi.ence whose double lots were landlocked because of the �ay Creek Park Lane was put in, and they are not hap�y about that. i�•. Brickner stated that most of the things said by t1r. Podvin had nothing o do with him personally. He stated with the easement he could build on wo lots. He could still build two lots on 66th Ave., and if he is not ,llowed the easement onto Creek Park Lane, he would want to make sure the � ssessr�ents are taken off that property. 'r. P1yron Qstlund, 1400 66th Ave., stated that when the Rice Creek School �roperty was developed, it was developed on the basis of opening up as much andlocked land as possible. The way Creek Park Lane was developed did open �p five lots. 1 OTION BY 11R. SABA, SECONDED BY MR. BETZOLD, TO CLOSF. THE PUBLIC HEARIIIG. jPON A VOICE VOTE, ALL VOTING AYE� ACTING CHAIRPEP.SON KONDRICK DECLARED THE lUBLIC KF.ARING CLOSED AT 8:20 P.M. �r. Svand a stated this land was condemned for use as a park. LJhat limita- �ions did that place on the City for uses other than a park; in this case, �n extension of new homeowners' front yards? tr. Rohinson stated that in discussions with the City Attorney it was expressed tiat the City was fee o��ners of the property and, as such, would be authorized to gra Easements. He stated he did not know if the land was condemned for a park cr a public purpose. The corner piece of property right now is not doing the citizens much gaod. It is basically unusable and is landlocking usable R-1 Eroperty. tr. Svanda stated he did agree with Mr. Robinson that to utilize this corner �iece of property across the street from the main part of the park would not te very wise. �r. Betzold stated he was uncomfortable with the City retaining fee ownership cf a pieee of property that was of absolutely no benefit to the Gity but was cf benefit to the landowners. There may be sor�e valid reasons for retaining ihe fee ownership, and maybe those reasons should be addressed at the City (ouncil meeting. He did not like to see property landlocked, and there was ihe option to either expand the park on both sides of the street or go ahead �nd allow the landlocked land to be developed. �r. Kondrick stated he was the Chairperson of the Parks & Recreatiorr Commission, �nd he shared some of the same concerns as the neic�hbors about this park. F�wever, he did agree with Mr. Betzold about this tri3ngular piece of property; a�d since there did not seem to be any use for it, it might as well be used ��; � 6E PLAN JIPJG COt1P�1I5SI0PJ P1EETIP�G, JUNE 4, 1986 PAGE 6 =or access onto Creek Park Lane and open up the two lots f�r development. {e stated that if it was advantageous for the new lots, 1�e felt that ;rianc�ular piece of property should be purchased by the homeowners or the ieveloper. 1r. Saba stated he agreed with that. 1r. Robinson stated the issue of sale versus the granting of an easement was �n issue that would have to be taken up by the City Council. fO�ION BY MR. SABA, SECONDED BY MR. SVANDA, TO RECOMMEND TO CITY COUNCIL IPPROVAL OF PRELIMINARY PLAT, P.S. #86-02, CREEKRIDGE PLAT 2 BY RICHARD tRICKNER, THOMAS BLOMBERG, AND THE CITY OF FRIDLEY, SUBJECT TO THE FOLLOWING � TIP ULATIONS : Z. THAT THE PROPERTY BE SOLD TO THE DEVELOPER SO EASEMENTS ARE NOT NECESSARY. 2. MR. BRICKNER PAY THREE PARK FEES OF $Z,500 EACH WITH FIRST THREE OF FOUR BUILDING PERMITS. 3. PENDING ASSESSMENTS PLUS II�TEREST TO BE PAID WITH THE BUILDING PERMIT3 ON TRACTS C AND D. 'PON A[lOICE VOTE, ALL VOTING AYE, ACTING �'HAIRPERSON KONDRICK DECLARED THE !OTIDN CARRIED UNANIMOUSLY. Ilr. Kondrick stated this item would go to City Council on July 7. 2. IECEIVF MAY 20, 1986� EP�VIRONMEN7AL QUALITY COt�MISSION MINUTES: I'inutes not available at the meeting. 3. (THER BUSINESS: ,. Proposed Ordinance Change - Dean Saba h1r. Saba stated he would like to recommend that the Planning Corrmission consider recommending to City Council a change to Ordinance No. 115.01.7 regarding Swirrming Poals. He stated one problem with the ordinance is that it treats above ground and below ground pools the same as far as the height of fencing. Mr. Saba stated the State Code requires 4 ft, fencing, and so do most of the surrounding corr�nunities. What the current code is doing is forcinq people to build 6 ft. high fences around their yard or pool in addition to existing fencing for the express purpose of ineeting code. He stated it was virtually impossible for a child to walk into a yard and fall into a pool that is already 4 ft. high (above ground pool). Mr. Saba stated he felt the fencing requirement should be changed. He stated he had no problem with any of the requirenents for below ground pools; his objection was to the fencing requirement for above ground .� � � 6F PLAN� IP�G COMP1ISSION P�IEETING, JUNE 4, 1986 PAGE 7 pools. It was not reasonable to ask people to s�end $1,000-1,200 in additional fencing. It made the cost of installing an above ground pool almost prohibitive and forced people to build above ground pools and not comply with code. P1r. Saba stated he had obtained a copy of the New Brighton Ordinance, Chapter 27, entitled "Swimming Pools". New Brighton t�as less restrictive than Fridley. Mr. Saba stated he would like to give Staff an opportunity to review this proposal before proceeding any further. t�r, 6etzold stated he was concerned about an "attractive nuisance" without fencing around a pool. If there was a way to get into a pool, a child wi11 find a way. He did not want to see the m forego the safety aspect of the code. Mr. Kondrick and Mr. Svanda agreed with P1r. Saba that Staff should look into this proposal and report back at the next Comnission meeting. 1dOTIDN BY MR. SABA, 5ECONDED BY MR. SVANDA, TO DIRECT STAFF TO REVIEW THE SWIMMING POOL ORDINANCE AND REPORT BACK AT THE NEXT PLANNING COMMISSION MEETING. UPON A VOICE VOTE, ALL VOTING AYE,ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOU ;tJMENT: MOTIO,' BY MR. SABA, SECONDED BY MR. SVANDA, TO AA70URN THE MEETING. UPON A VOICE VOTE, ALL V02ING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE JUNE 4, 1986� PLANN.'1'dG COMMISSION MEBTING ADJOURNED AT 9:05 P.M. Respe�tfully su mitted, , �; . ��' ti✓n,t., yn Saba Recorcing Secretary 6C �� . �� e _ _ -e_ _ _ _ _ _ __ . u�c.y�. _ : � � / -J�� _ _ � _ _� _ . _. _ _ _ _ _____ .. �%�c-� . __ . 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MirvrvESOTA SSa32 / 5� �-6000 Ma � 14, 19k6 tiUc Ri.cfz Pn,i,by� CI" y 0� FRT�LEY 64. 1 Uru.veJus.i,ty Avenue N. �. Fn. de.ey, MN 55432 �ec rc AUc. P�c.iby�.: ROGtF SCn�.'� . A� . .. .... .. � � - . we wce .i�.t¢�cee.ted .i,n nene.uu.n.g .the .e.ea,a e we ho.�d on yowc '►A►' Fname Bu,� Qd.i,ng Loca,ted c�t Non,th Inn.s6nuclt Pcvch, An,tlw�� S.t�cee,t. Oun .i.n.teh.e�x .in zh,i,s .�e.a,�e wou.Cd .inc,Cude .the aame .tenme and appnox.ima.te,ey zhe same fi.in e�n.ame a.a ae,t �on,th .i.n oun agnee�n2n.t da.te.d lune 17, 1985. Tha.nk you �on yowc pa.ax coopena.t,i,on and con.s-i.dena,ti.on. Uie woc�d apF 7ec,i.a,te a neaponbe .to .th,i,� nequee.t a,t youn ea��.ea�t converu.ence. S. " ene,� y owt.a, U• g G. Schmaua RGS jma 7A _; _a ia„� • �_ ZYiis Agreenent, made this day of , 1986 , b�• � nd between the City of Fridley (hereinafter designated as "Lessor "�) ar.d : ndepen3ent School District No. 14, (hereinafter desig�ated as "Lessec") . wF�rnFSS�i : That the Lessor, for and in consideration of the terms, co��Enants, i ents and conditions, herein mentiored, to be p3id and performed by Le�scc, c�es hereby derise and let on to said Lessee, and the said Lc��ee �oc� teret�� hire and take from the Lessor the following described prer.*.isE� : ituated in the City of Fridley, Count}� of Anoka, State of tiinnesota, t ��it: The "A" frane building located at tlorth Inn�ruck Park, Arthur Street, Fridley. Minnesota To have and to hold the same just as it is, without liability on tre �art of the Lessor to make alterations, and impraverent� or repair� cf �r,, E ind in and about the demi�ed prer�ises, except as and if other�rise �et ;orti� hErein, beginning Augu.st 28, 1986 and ending June 9, 1986. 1. Le�see agrees to and with Lessor to �� Lessor as and for ttie rcnt f cr the abovrr�entioned preaises monthly installments of 5555 each mon:.h, : n adrar:ce, on the f irst day of each and every r.ionth dur ing the f ul l ter:- cf this Lease at the offioe of. the Lessor or at such othet places a� Lessor ray in writing designate. In addition to the rent specified in the Freoeding paracraph, Lessee agrees to provide for the cleaning of the t uilding's interior, the r.ainteranoe of the side walks and the upkeEp of t he lawn. Further, the Lessee shall prrnr.ptly pay the costs cf all 76 itilities, including but not limited to, electzicity, natural gas, .elephone, sewer, water and refuse reaoval. �e Lessor agrees to provide aIl snow renoval for the parking lot ��hich is imnediately adjacent to and whi� servioes the demised progerty. 2. Lessee shall procure insurance on the contents of the building 3ur ing the term of the lease. 3. Lessee covenants and agrees that it will make no structural change �r r�jor alteration without the Lessor's oonsent, which consent shall not �e unreasor�bly withheld. The Lessee further covenants that it will �rmptly pay for ar�y such alterations, repairs or maintenance made to the �;ised properties so that no mechanics liens will be f iled against the Property. 4. Lessee agrees to �y for all special requirements for utilities such as gas, stean, water and electricity. Charges for such utilitie� shall be �ia by Lessee and in the event such charges are not paid when due, the same shall constitute a default hereun�er on the part of the Lessee. 5. Lessee agrees that it will not sub2et the der�ised prer,ises or any part thereof, and will not assicy� this Lease or any other interest therein. 6. �e parties hereto mutually agree that if the de:►ised prenises arE p3rti�.11y or totally oestroyed by fire, or other hazards, then Lessor r�a;�, but is not obligated to, re�ir and restore the demised prenises as soon a� is reasonably pzactical, to subtantially the same condition in which the o�ised pter,ises were before such daa�age. . � � 7c 7. Any tracie f ixtures, equignent and other property installed in or ��tt�ched to the c�^ised prenises by or at the ex{�ense of the Lessee shall er;ain the property of the Lessee and the Lessor agrees that the Lessee ;hall have the right at any time an�d fram time to time to remove any and ,11 of its trade f ixtures� equipnen� and other property which it may have tored upon or affixed to the de�ised prenises; prwic3ed, however, that in .he event of such renoval, Lessee shall restore the pre�r,ises to .ubstantially the same oondition in which the premises were at the time :.e�see took possession. R. Lessee agrees to pay to the Lessor on demand, the cost of an}• epairs to the preaises if such repairs are made necessary by Lessee's ��isuse or negligence, or the misuse or negligence of Lessee's guests. �essee agrees to i-iake the aforerentiored pa}�rr.ent no later than the f irst � l�y of the nonth following notif ication f rom the Le�sor of the Le; see' s esponsibility for this paynent. 9. Zl�e Lessee agrees to pra�ptly notify the Lessor of any dangercu� �nditions in the pre�;ises prwic,ed by the Lessor. 10. The Lessee agrees to vacate the prer.ises on or before the emination date of this Lease or any renewal or extension as provided by � his I�a:�. if the Lessee fails to vacate on or before the required date, i �e shall be liable to the Lessor for any and all losses incurred by the l�essor as a result of such failure. Upon vacating, the Lessee agrees to : eave the prer,ises in the �ondition at the commencenent of the tenancy, �rdinary wear and tear excepted. 11. Lessor shall at all times have the right to enter upon sai6 7D �re-.ises to inspect their oor�dition and at his election to make reasonable � �d necessary repairs thereon for the protection and preseirvation thereof , t�t nothing herein shall be construed to require the Lessor to make such i epairs, and the Lessor shall not be liable to the Lessee for failure or celay in making such repairs, or for damage or inj�ry to persons or Froperty caused in or by the making of suc� zepairs, or the doing of such F �tk. 12. If the Lessee shall make default in any o�venant or agreenent to t� performed by it and if after written notiae frcm Lessar to Lessee, such c=fault shall oontinue for a period of five (5) days or if the leaseholc interest of the Lessee shall be taken on execution or other prooess of law, cr if the Lessee shall petition to be or be declared banF;rupt or insolvent �ccording to law, then, and in any of said cases, the Lessor may i-II-�ediately or at an}� time thereafter, without further notice or demand, Ezter into and upon said prenises or any part thereof and take absolute ��ssession of the same fully and absolutely without such r�entry working a f�rfeiture of the r�ts to be p�id and the oovenants to be performed by the I��see for the full term of this Lease and at Lessor's election, Lessor nay c ither lease or s�let such prenises or any part therof on such terms and c�nditions and for such rents and for such time as the Lessor may i easonable elect and after crediting the rent actually collected by the Iessor fror.i such re-letting, the Lessee, its respective heirs, legal i�presentatives, succ�essors and assi�s, and interests shall be liable to t�e Lessor for arry b�alance reaaining due on the rent or re.served undEr this I�ase; or the Lessor r.�ay at his option, declare this Lease forfeited and r: ay take full and absolute possession of said prer:ises free from any :�bsequent ric,hts of the Lessee. 7E Zhat in the event of default by the Lessee, Lessee shall car�gensate t ie Lessor for all reasonable attorneys fees, expenses and costs incurred �� the Lessor in either reacquiring possession of the property or for t:inging an action for reoovery of unpaid rent. In the event that the Lessee vacates �he pra,►ises and defaults in any c: the terms of this Lease without giving formal. notice of termination of t�e Lease, the Lessor has a right to reenter and take possession of the F�e^ises. 13. �•lherein in this Lease it shall be required or permitted that r�tioe or denand be given or sen•ed by either �xirty to this Lease to or on t�e other, such notioe or de:�and shall be given or served and shall not be c:a;ed to have been given or served unless in writing and forwarded by r.�ail a jdressed as follaas: To the Lessor : Fridley City tlanager Fridley City Hall 6431 University Avenue Fridley, M.innesota 55432 'Ib the Lessee : Independent School District No. 14 6000 West rbore Lake Drive Fridley, N�innesota 55932 Such addresses may be changed fron tine to tir�e by either party by s�r� ioe of notioe as abave provided. 14. 7i�e Lessor and the Lessee agree that all of the provisions hereof a:e to be construed as oovenants and agreenents. 15. �:here appropriate, singular terms include the plural, and pronouns c` one c�ender include both genders. 16. In the event that norrpublic ftu�ds are terr.iinated or sic�ifican;l}- c:duoed which causes ore program to pre�:atutely close, the lessee shall r�tify the lessor anc3 shall be allo�wed to terminate the lease within tY�.irty ( 30) days due to the lack of fu�cLs. It� i�I��FSS ��]H�F, the Lessor and Lessee have caused their re�pective rar�e� to be subscribed to this Lease on the _____ day of _ . 1986. Lessors: City of Fridley By� William J. Nee, Mayor By�Nasim M. Qureshi, City Manager Lessee: Independent Schocl Di�trict f:o. 14 BY� Its 7F 0 :�:. �.�s .. . -� • � � .,� �,'I'E : DtAECTORATE �F PUBLIC WORKS MEMORANOUM Joh�r lora, Public Wcarks I�i.r$ctc�� Clyde . Moravetz, �gir�eering Administsation June 6, 1986 �, o° va �� o ,� �- � F�W86-155 �UBJECT: Results of Signal S�stem Painting Project No. 167 Bid Letting and Recanrended Award rhe bid letting for the Signal S�stem Painting Project No. 167 was held it 11:00 a.m. on June 4, 1986. C7�e results of the letting is attached far your infortnation. We had _ive planholcless of which four sukxnitted bi.ds. As noted, A1 Erickson �ezvice is law bidcler with the Lump S�mi Base Bid at $29,243.00. Cf the City decides to go with the Alternate A Bid, Painting Systems Ls low bidder at $25,194.00. Alternate A basically deletes the �lu¢nintun painting of : 1. above the top bracket of the signal heads ind, 2. the mast anns . �11 bids appear high, Yww�ev�er, the nature of this work involves a lot �f labor including sand and water bla�ing, hand cleaning and brush �ainting. The placesrn.nt of proper advance warning signage and the use �f a boo�n tn�k are also essential and add to labor and ec�ui�enexit costs. �.s noted on the attached bid results, there is only a difference of i4,049.00 between the law Base Bid and the law Alternate A bid. I �ould recatmend the City Cotmcil awaYtl the contsact to A1 Erickson �ezvice, law bidder of the base bid. rc�/ts :c : Mark Eu�h � A1 53 8 St. Pai� 100� Miru BID OPIIdIl� 11:00 A.M. WETLJ�AY, JUI� 4, 1986 SIGI�IL SYSTII�I PAINTII� PRCITECT N0. 167 I BID I zn'r�►t, I �a�R I sa�n i s� BID I�wT. A. BID 1 I I rickson Servioe I Cashier's I I Virginia St. � Check I 529,243.00 I$26,493.00 Paul, l�IId 55103 �$1,461.90 � I � ( � ting S�stens I I i Lowry Ave., N.E. � 5$ ($38,3 &5.00 I$25,194.00 eapol is, AMI 55418 � I I I i I � Val: ey Contracting � Cashier's I I P.O, Box 8599 � Check I$38,779.00 I$29,379.00 White Bear Lake, Md 55110 I$2,200.00 I I I I I Eag]e Construction I Cashier's I I 818] Riverview Terraoe � Check I$46,958.00 I$45,811.00 Fricley, NN 55432 �$2,348.00 I I I I I Fric 3rd & Fritzen � 265� Hennepin Ave. � Minr �apolis, NQ] 55405 � I . � � I I I tao sID I I I I I 8A , a,; ; : •�L . � �� I ROM I ATE : pIqECTORATE � F PUBLiC WORKS M EMO R A N D UM John G. Flora, Public Works Direct,or Mark L. Burch, Asst. Public Works DirectAr June 10, 1986 PW86-158 :UBJECT: Report of the North Metro Area Traffic Task Force � 1 p v0 "� D . � t1.� o O QV ,� �--- � 7 he North tdetro Traffic Task Force (NMTTF) has conducted a study c f the need for and the possible locations of an additional r ississippi River bridge crossing north of I-694. The committee uas organized by the Metropolican Council as a result of concerns Expressed by residents of the north metro area about traffic congestion < n existing roadways and concern for the future. �he task force technical committee completed a traffic study which csmonstrated the need for future river crossings and then studied F�ssible bridge locations. 7ze task force has drafted a resolution which can be passed by the c�mmunities in the north metro area requesting MnDOT and the b�tsopolican Council initiate a detailed study of the bridge needs of tzis area and to designate the necessary resources to design and c �nstruct appropriate facilities . Flease forward the attached resolution and report to the City Council f�r their consideration. N LB/ts P ttachment 9 9A x�ctrioN rlo. RF�S(.g,UTION II�IDpRSIl� �E EF�ORTS OF �E NC�i ME'IIt0 ZRAFFIC TASR FORCE SUPPORTING OQN�USIONS OF THE TASR FORCE REGARDING ADDITIONAt, RIV�t tI%065Il� CAPACITY NEID6 IN �iE NQ� 1�'� ARF.�. AND RDQUESTING A QOMMITMENT OF RESOURGES FROM THE STATE OF MINDIF50TA ADID �iE 1�'�tOPOLITAN O�iT1QCIL � IMPLFI�VT RESPONSES TO IDENTIFIID RIVER CR06SI[� NEED6 IN �iE NQR�3 ME'IIt� AREA. Tn �tEAS, the long standing need for additional river bridges is a critical i�sue for the Counties and Cities adjacent to the Mississippi River in the 1� uth Metro Area; and W 3EREAS, the North Metro Traffic Task Force composed of elected and a�pointed officials from the Metropolitan Council, Anoka and Hennepin C>unties, and the Cities of Ancbver, Anoka, Brooklyn Center, Brooklyn Park, C iaanglin, Coon Rapids, Dayton, Fridley, and Rampsey was established to ��rve as a for�n to study and discuss relevent issues associated with river t:idges in the North Metro Area, to establish a basis for coordination of t:ansp�rtation planning activities among affected jurisdictions, and to f�cilitate achievement of consensus among member jurisdictions on a?propriate alternatives to meet identified bridge needs; and H3ERF,AS, the North Metro Traffic Task Force has appointed a Technical C xnmittee t�o evaluate the need for additional river bridge crossings to �:rve the North Metro Area; and H 3EREAS, the North Nletro Traffic Task Fbrce has accepted and endorsed the r:oommendations of Technical Committee regarding identified short term i npravanents to existing facilities and long term needs for additional Y iver crossing ca�city and potential alternatives to satisfy long and �zort term bridge crossing needs; and H HEREAS, the North Metro Traffic Task Force has concluded that local cxnmunities, State of Minnesota and Metropolitan Council cooperation, ��sistance and funding is essential to specifically define short term c �ficiencies and oonstruct appropriate long term bridge crossings to serve tae important, �u�met needs of the North Metro Area and that this support :zould legitimately receive priority relative to other transportation :tudies and oonstruction of other transportation systen impravanents in the r�tropolitan Area. p�„�� iIItEE�pRE� gE IT RFSC�.VID, by the City Council of the City of Fridley t nat the City of Fridley strongly supports and ooncurs with the oonclusions cf the North Metro traffic Task Force that addit'�al bridge crossing c�g�city is urgently needed to serve the shoct and l�g tenn transportation :�ste�n needs of the North M�etro Area. F E IT FVIt'�IIt RESC�VID. that the City of Fridley respectfully requests that the State of Minnesota and the A`Ietropolitan Council allocate, on a priority t asis, all necessary resources to identify, design, and construct ��ropriate facilities to satisfy ic�entified North M�etro Area river bridge r eecis. -2- B] IT FiJR�IER ItFSC�VID, that the City of Fridley respectfully requests that tl�e initial resource commitments f rom the State of Minnesota and the t� tropolitan Council be directed tawards oompleting detailed studies rieeded tc identify and select the appropriate river crossing corridors and the bESt short and long te�n river crossing alternative and preparation of an E��vironmental Impact Statement and identif ication of the appropriate iuglenenting jurisdictions for the selected short term river crossing a: ternative. P� SSID AI�ID ADpprEp BY �E QTY �UNCII� OF �iE QTY OF FRIIY�EY TQIS D� .Y OF , 1986. WILLIAM J. NEE, MAYOR A`. TEST: Sf IRLEY A. H�PALA� QTY CLERK 3i 6/1/6 9B • o-.-• •: • FtESC�UTION ORDERING IMPROVEMENT� APPROVAL OF PLANS, AND ORDERING ADVE 2TISII�IT FOR BID�6: STREET IMP�tOVII�NT PRQTEGT ST. 1986 - 3 Wfi� AS, the oonstruction of the University Avenue West Service Drive from 81st Ave. to 83rd Ave. is necessary to service the new Vantage Company deve .opnent, and Wi�R ;AS, the Vantage C�npany has executed an agteenent for this imprwanent and ;ertain p�yments, and WHEF EAS, the Minnesota Department coo� ;rative agreanent providing for cons :ruction of this project. of Transportation has written a funding a portion of the costs for I�X.W, �iEREF�ORE, BE IT RF5(�VID, BY �iE QTY �[JNC,II, OF �iE QTY OF FRmr.�, ANOK � �LTNrY, MI1�II�tE50TA as follaws: 1. That the following improvements, including grading, stabilized base, hot mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, and other facilities located as follaws: University Ave. West Service Drive 81st Ave. to 83 rd Ave. SI�2EET IMPROVF�IT PR47ECT ST. 1986 - 3 2. �he plans and specifications prepared by the Public Works Director for such imprwanents are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inse :ted in the official newsp3per advertis�nents or bids upon the making of s ich imprwanents �der such approved plans and specifications. The adve :tisement shall be published for three (3) weeks (at least 21 days) , and �hall specify the work to be done and will state that bids will be open :d and oonsidered at 11:00 a.m. on the 15th day of July 1986 in the Coun;il Chambers of the City Hall, and that no bids will be considered unle �s sealed and filed with the Public Works Director, and acoompanied by a ca �h deposit, bid bond, or oertified check payable to the City for five perc :nt (5$) of the �nount of such bid. pASS � A1�ID ADOfTID BY ZSE QTY �JNCII� OF �iE QTY OF �EY �IS �AY )F , 1986 . WII,LIAM J. NEE, MAYUR ATl'E >T: SHIR �EY A. H�PALA - CITY (I�ERK 3/6/ ./7 10 W � Q O � M CO O H ui > Q r N � � v 0 a 0 ac W V > � W N � Q } _ � � . � s �I : ,' ;;s: ::. , -;. Y 0 � M l � � � � - - �- - - —1- .` _+_ ' i � � 'a� � ::::. \ � // —�-- --- � �� t µ �y W M � Wy M O t 10A 11 MEMO T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION CHANGING CERTIFICATION OF DELINQUENT WATER AND SEWER ACCOUNT TO DIFFERENT PARCEL DATE: JUNE 10, 1986 We are requesting that the Council approve a resolution removing a delinquent water and sewer account which was certified for collection on the 1986 Tax Statement on the west one-half of Lot 3, Lucia lane Addition, in error. We are also requesting that the Council approve under the same resolution recertifying this delinquent water and sewer account for collection on the second half of the 1986 Tax Statement on the correct property--east one-half of Lot 3, Lucia Lane Addition. This resolution, when approved by the City Council, will be for- warded with an abatement form as required to Anoka County, and to the State of Minnesota, Department of Revenue. RDP ps . � � RF5(�.iflZON N0. - 1986 A R�5(g,UTION ZO Q�RRDCT F�tROR AND TO RESCIND DELINQUENT SQ�dIIt APID WATIIt AOCS�JNP CERTIFIED �l,l WEST 1/2 OF LOT 3, LUCIA LANE ADDITION, AND TO RECERTIFY THIS DELINQUENT SF3aER AAID WATER AC(biJNr ON EA.ST �/2 OF LOT 3, LUCIA LANE ADDITION FOR ZI� SEQDDID HALF OF 1986 TAX STAZ�� WE�R]AS, a delinquent water and sewer account in the amount of $260.24 was cert: fied to West 1/2 of Lot 3, Lucia Lane Addition payable on the 1986 Tax StatE ment, and WI�RiAS, this delinquent water and sewer account in the amount of $260.24 shou�d have been certified to East 1/2 of Lot 3, Lucia Lane Addition, I�DW, �RE, SE IT RF�VID as follaws: That the original certification be rescinded and the delinquent water and sewe� account be recertified, as follaws: West 1/2 of Lot 3, Lucia Lane Addition Pin No. 13-30-24-24-0081 East 1/2 of Lot 3 Lucia Lane Addition Pin No. 13-30-24-24-0082 Delinquent Sewer and Water Account in the a�ount of $260.24 be renoved fra�n this property Delinquent Sewer and Water A�ccount in the aiaount of $260.24 be oertified to this property, payable on the seoond half of the 1986 Tax Stateaent P�ASSF D AND ADOP�ID BY THE QTY �iJNCIL OF THE QTY OF FRID�,EY TfiIS DAY C F , 1986. WILLIAM J. I�E - I�,YOR �: r: SHIRI EY A. HAAPAI�A - QTY Q�E�tR 3/7/? /20 1 1 A .j�l \ • � ,2 +� j �! sd .. N-E�. , , �=;-�� L'+' �:I ,� ` �... k �� •�� s� •., 0 �' ;� � (i�) � C"� -� � �� I . � _. - � 1 �`= 3 :� W ,;Z'_.� > � ' i�1�—)� O ,�V �; �_ � - �- - -- � � / r\ , Of V � � •� �: -y� 'y • L _ j'�S eA , — � Y ��. .�Ca.- J 1I Y> � /�. � � :♦ 1 (- �� _ C�= 1-- { �� 1 � ; �Y ' r � � �1�� , �, ; � — � -- � , � . %�> �i -- � -- � � � r(v)� � -- � — — -�-� � • \ � � � ! _J__ ��:= i � (�f� 9 1 ; , �� i ; � %� � , � —�, .— r Ty = � o �� I (JO) � � � �/ " � 1 � ---�� ie J � -1 f - L �� ' FOR CONCURRENCE BY THE CITY COUNCIL -- � June 16, 1986 S�lRTII� 5'1'ARTII� NArE POi6P1'�1 &ALARY �ATE ,� Grant L land Merseth Fbliae Officer $ 9.58 July 1, 407 Pea�l kbliae Dept. per 1986 ' Mankato Md 56001 (partial e.wanpt) Hour ($1,66�/m�.) 12 APPOINTMENTS' ; ;�: ; s:,�-� Bradley Pearson �� FOR CONCURRENCE BY THE CtTY COUNCIL ■1 June 16, 1986 Type oi License: �: Approved By: BILLIAFDS U-Bop 1�en Nightclub Relat�ve Enterprises James P. Hill 7952 Uriversity Ave.N.E. Public Safety Dir. Fridley, Mn. 55432 ENTERTA [PJMENT U-Bop T�en Nightclub " " " " 7952 University Ave.N.E. Fridley, Mn. 55432 13 -- LICENSES FOOD ES 'ABLISH�IENT U-Bop T�en Nightclub 7952 Un versity Ave.N.E. Fridley Mn. 55432 ITINERAIT FOOD PERMIT Fridley 49er Days 576 Ion� Ln. Rosevil e, Mn. 55113 PUSLIC [ANCES RelativE Enterprises, LTO 7952 University Ave.N.E. Fridley, Mn. 55432 REFUSE F4ULER Brownin5-Ferris P.O.BOX 1440 P1p1 s . P1n . 55440 Dan's Di>posal 309 - 20?nd Ave.N.W. Cedar, M i. 55011 TEPIPORAR ' OW SALE BEER Fridley 'F41 #363 1040 Osb �rne Rd. Fridley� Mn. 55432 VEPJDING IIACHINE Sunliner Motel 6881 Hwy #65 N.E. Fridley, Mn. 55432 m �� Emily Bigh's Very Own Cone Co. Floyd A. Pulju Metro Beverage Corp. m James P.Hill Fees: $50.00 i,: 11 �45.00 �,30.00 $75.00 $105.00 $75.00 James P. Hill asking Fees Public Safety Dir. to be waivec $15.00 -� FOR CONCURRENCE BY THE C{TY COUNCIL -- LI C E N S E S 1 3 'i � June 16, 1986 RESIDENTIAL RENTAL PROPERTY 0`rINER LOCATION OF BUILDING UNITS FEE APPROVED BY Stellar Inc. 1250 - 72nd Avenue 29 $83.£�0 R. N. Larson, FP8/ 5236 Lochloy Dr. Housing Insp. Edina, P N 55436 � I � �r ■� FOR CONCURRENCE BY THE CITY COUNCIL J(I��IE 16, 1986 ;XCAVATING . C and K Heati ng & Plbg . Inc . �011 Lone Oak Road 2ockford, r�i 55373 �AS SERVICES C and K Heating & Plbg . Inc. i011 Lpne Oak Road zockford, NIN 55373 By: Eldon Kathman By: Eldon Kathman �ENERAL CONTRAC'IOR ► & S Construction Specialties E21 Red Fox Trail [amel, I�1 55340 By: Arnold Jonson �ansick i480 Squire Drive 'ridley, MN 55432 :ando Enterprises tR#1, Box 239C ;orth Branch, MN 55056 ]etroleum Maintenance Co. 172 Spruce Street ; t. Paul, Nltd 55117 :am Radford Custom Builde rs :3305 Hampton Blvd. F ampton, MN 55031 I ick's Roofing & Siding :019 Montclair rounds View, MN 55112 fEATING P and K Heating & Plbg. Inc. E O11 Lone Oak Road F �ckford, MN 55373 F remAir Fieatinq & Cooling Inc. �315 Driftwood Lane �tillwater, MN 55082 � CIN ERECTOR F�yal Crown Beverage Co. F,O. Box 64466 5 =. Paul, NIlV 55164 J ileen Designs 97 Faizmont Street L�no Lakes, MN 55014 . By: Gary Jansick By: Kent Sayler By: Dan Larson By: Sam Radford By: Rich Longnecker By : El don Kathman By: George RobertA Jr. B y: Steve Barthole t By: Rick Juleen -- LICENSES1 3 B APPROVED BY DARREL G. CLARK Chief Bldg. Ofc1. Plbg.-Htg. Insp. WILLIAM SANDIN DARREL G. CLARK Chief Bldg. Ofcl. Same Same Same Same Same WILLIAM SANDIN Plbg.-Htg. Insp. Same DARREL G. CLARK Chief Bldg. Ofcl. Same �� L____. � FOR CONCURRENCE �Y TH� CITY �OUNCIL June 16, 1986 ��5 8358 - 8924 -- CLAIMS � 4 I , ; l� FOR CONCURRENCE BY THE CITY COUNCiI -- ESTIMATES FSTIl�TES Jtlt� 16, 1986 St ith, Juster, F+eikeaa, Malmon � Haskvitz 6� Ol University Ave. N. E. F� idley, NN 55432 � For Se=vioes Rendered as City Prosecutor Fbr the A�bnth a� May, 1986. . . . . . . . . . $ 7,399.49 He rrick & Neaman, P.A. 6: 79 University Ave. N. E. Fi idley, irN 55432 For Servioes Ren�ered as City Attor�ey May 1986 Retainer . . . . . . . . . . . . . S 2,767.50 E� gene A. Hickok and Associates, Inc. 5� 5 Indian Pbtaid W� yzata, M�i 55391 Professional Servives fran Ap�ril 26, to May 28 For Moore Lake Restoration Proj ect II Partial F.�timate . . . . . . . . . . . . . . $ 691.11 8 & S Asphal t 7t0 L�dustry Ar �ka, NN 55303 Fbr Street Impcwene�t Proj ect St. 1986 - 1& 2 Fhrtial Estimate No. 2 . . . . . . . . . . . $65,590.00 0 � m WYMAN SMIT �, RE7IRED LEONARD T lUSTER 1-+ENRY M FE KEMA Al-VIN S. MA MON RONALO L. h 45KVITZ CAi7L J. NEM >U�ST JOHN M. GIE _IN J CMRISTOF 1ER CUNEO B. WILLIAM E KSTRUM STACEY A. D KALB NICOLE E. N .E JOEI W. LAV NTMAN O� COl vSEI DOUGLASJ.�ETERSON T0: RE: LAW OFFICES S�'IITH, cTL'STE$, FEIKE'_�iA, MALMON 8e HASI{VITZ CHARTERED aEa�r ro June 9, 1986 City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, City Manager May, 1986 Prosecution Work BILLING STATEMENT 15A �000 i05 CENTER � BO SOUThi E�GMTti STREET �MINNEAPOl15. MINNE50T♦ 55402 TE�EPHONE 16�2) 339 �46� � SUiTE 301 6api UNivERS�TY �VENUE. N. E. Fi71DlE�'. MINNES�TA 55432 TELEPt+ONE (6121 571�6870 -------------------------------------------------------------------------------- #76-1 For legal services rendered as Prosecutor for the City of Fridley during May, 1986. Representation of City of Fridley in Court in Anoka on 5-06-86, 5-13-86, 5-14-86, 5-20-86, 5-27-86, and 5-28-86 and in Columbia Heights on 5-08-86, 5-22-86 and 5-29-86 for 11 jury trials, 177 pre-jury trial conferences, 35 court trials and Hammerstad appeal in Court of Appeals. 124.00 hours. Preparation of 48 misdemeanor formal complaints and 16 gross mis- demeanor criminal complaints and miscellaneous office and phone con- ferences with police and citizens. TOTAL TIME (144.00 hours) (May, 1986 Retainer) Time in Excess of Retainer (114.00 hours) Disbursements (Forms) (Printing Brief) $1,650.00 $5,700.00 24.49 25.00 20.00 hours. $1,650.00 $7,350.00 $7,374.49 $7,399.49 HERRICK i NEWMAN, P.A. 6279 UNIVERSITY AVENUE N. E. FRIDLEY, MINNESOTA 53432 THIS STATEMENT DOES NOT REFLECT PAYMENTS MADE AFTER DATE OF STATEMENT C: TY OF FRIDLEY 6�31 UNIVESITY AVENUE NE F F I DLEY, MN 35432 TOTAL COSTS BALANCE DUE /�IA� RETAINER 22.35 hours �n axceas of 30 houra at�$50.00 per boux TOTAL FEES BILLES u 05/31/66 650000-40M $1,650.00 1117.50 52,767.50 � � ss 1 35. 00 �2, 802. 50 ssssa�ss A FINANCE CHARGE OF 1X PER MONTH WILL BE CHARGED TO ALL _ ACCOUNTS i�" °°'H ARE 30 DAYS PAST DUE. �r�u r �t.i p� � _ �,I _ �g� �T (Circle Appropriate Categ � .� � � :, crrx aanacu, oF �xmr�r, �o►rA= Tfie c�dersigned hereby makes application for a permit in acaordance with Chapter 14 , 0� �'. ? Cl� � Of Fil�e'j1. �: s6o Nane of Applicant Physi cal Descriptic �� ,� _ �jl �.� `�...`� � w�� A i � � �,�- ��-`�� a �� ° _ c� P _� � �,2 �, �� w-o �� ` J,a , n � . . _ � ��.f�la�. n�t� j� - / � - � �lnaunt F.1�closed - " New Application or Renewal Perrn nent Hame Address �Hr) bto��+ (sex) r (A9e) ,� D (sMr) Loca Ha�e Address �� Pl�or� Num�er �� U. S. Citize� � Birth Uate �:�� I� Business Na�ne i,oca: Business Address � 9l,� �� • �� Loc,� Business Pt�one N�a�ber �� L�( '�/ �� List names and address of all salesmen '�� ...i ' I Natu�e of business and type of inerchandise to be sold � T � � Loca tion of goo3s and souroe ot supFuy oz 9000s Lv ur avi�+. i i. / eaw goals are to be delivered -= � w, �// d2� v� r� �s � i� D 2 r��'�1 - � fll 3 �z�Z � �v �he len �th of time for Which the right to c3o business is desired Start �Ce5Q�1.'� (Finish) �u o . � �0 � Referen :es: Zt,e s�arr�e of at 2east two (2? property owners of Anoka C,Qnnty who will oertify as to the applicants g�� character and�business . respectability . t�laQne c�.) _ Pa.�T y �n r D� c2) 1�ddress �2� • Phone Have yo� been oonvicted of a crime other past f:ve (5) years (yes) (no) PeT�a1tY ., .___�.�, (2) �an a minor traffic violation in the if yes explain violation and - List th�last municipalities where you the applicant carried on business imnedia:ely prior to the date of this application. , (1) _ 1 ��/ (3) 0 A reoen: photograph of the applicant is required which shall be 2" by 2" showing the head and shoulders of the applicant in a clear and distinguishing maru�er. I hereb � oertify that the infornation oontained in this application is true and cor�ect, to the best of my knowledge. I agree and understand that the infonr,a ion in this application may be investigater] b the City of Fri@ley Public ►afety Deparb:►ent. . „ /� �j , _ e of Applicant PLf'.ASE �0'I£: SECTION 11.11: Z�e per�alty �for 2ate payment for all licenses and per. �it fees as showri in Section 11.10 of the City Code shall be 258 of the amount of the fee if received from 1 to 7 days late. If the payment is reoeivel more than 7 days after it is due, the penalty shall be 50$ of the fee. POR QT .' USE Q�II�Y: 'c Director Departin nt Appraved c.-8�nied Date - �C CITY � : Approved Dienied L�ate R,eaeipt # ^` � �, a-� _ Lioense # I�u� 7z� � �'` �� H OTICB Purs �ent to Lews of Minnesota� 1984� Chapter 502, Article 8, Section 2(270.72) (Tax Clea �ence; Issuence of Licenses), the licensing authority is required to prov' e to the Minn :sota Commissioner of Revenue your Minnesota Dusiness tax identifica�ion num- ber � nd the social security number of eaeh license applicant. ` �. Unde • the Minnesota Government Data Practices Aet and the Federal Privecy Act of 197�, we are required to advise you of the following �egarding the use of this infor- mati� �n: 1. This informetion may be used to deny the issuance or renewal of your license in the event you owe Minnesota sales, employer's withholding or motor vehicle excise taxes; 2. Upon receiving this inforrr.ation, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchenge of Informetion Agreement the Depertment of Revenue may supply this information to the Inter�al Revenue Service; 3. FAII.URE TO SUPPLY THLS INFORMATION MAY JEOPARDIZE OR DELAY THE PROCFSSING OF YOUR LICENSE ISSUANCE OR RENEWAL APPLICATION. Pleas� supply the following informetion and return along with your applicetion to the licens ng euthority. � � � � �/ , — — Signatu Date �� i ✓ �