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09/14/1987 - 5066OFFICIAL CITY COUNCIL AGENDA COUNCIL 1rEETING SEPTEI�ER 14, 1987 FRIQLEY CITY COUNCIL MEETING PLEASE SI GN NAME ADDRESS AND ITEM NUMBER INTERESTEO IN OATE : S e p t em b e r 14 , 198 7 t�AME ADDRESS ITEM NUMBER ssstas:assarsmsaassaazszaa=xassaassameaa�saasaaassammasaasas=:aasa_azaasrs=asa�aas_=a-snsco_ssasr� �" � � = p �,�,J u � �,D�r � o�� I /�.DeE'./,�NIV� /�"l�' C'<J k//(/ Oyn.E � 6i/�/ �T� L�4�t/.c� �/• .�. 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Following are the "ACTIONS TAREN" by the Administration for your information. ------------------------------------------------------------------ PROCLAMATIONS: 200TH ANNNERSARY OF THE SIGNING OF THE UNITED STATES CONSTITUTION SEPTEMBER 17, 1987 FREEDOM WEEK OCTOBER 11 - 17, 1987 Presented APPROVAL OF MINUTES: Council Meeting, August 2�1, 1987 Approved as presented ADOPTION OF AGENDA: ADD: #18A Receiving Petition #9-1987 dated 9/14/87 from Maxwell Graphics #2�1 Consideration of Change Order #3, Landscaping, Irrigation & Lighting Project �168 for Minnesota V alley Landscaping #25 Consideration of Change Order #2, Water � SeWer Project #162 for Park Construction OPEN FORUM, V IS ITORS : No response Couneil Meeting, September 14, 1987 PUBLIC HEARINGS: Public Hearing on 1988 Budget . . . . . . . . . . . . . . 1 Opened at 7:4� p.m. Closed at 7:50 p.m. CE1dTRAL SERVICE--ACTION TAKEN: Item on next agenda for consideration Page 2 Publie Hearing on 1987 Service Conneetions ........ 2- 2 A Opened at 7:50 p.m. Closed at 7:52 p.m. CENTRAL SERVICE--ACTION TAKEN: Refer to Item �17 Consideration of a Publie Hearing on a V acation, SAV �87-08, to Vacate the 66 Foot Street Ri�ht of Way (73 1/2 Avenue ) Lying North of Lot 1 And the Westerly 27 Feet of Lot 2, Block 2, Central View Manor, to Allow for an Improved Site Plan for A Proposed Rapid Oil Station, Generally Located at 7315 Highway 65 N.E., by Rapid Oil Ch ange (Continued From 8/2�1/87) . . . . . . . . . . . . . . . . . 3 - 3 N Reopened at 7:52 p.m. Closed at 8:27 p.m. COMMUNITY DEVELOPMENT--ACTION TAREN: Item is on next agenda for consideration of first reading of Ordinance. Public Hearing on the Proposal from Nortel Cable Associates for a Renewal of Cable Television Franchise .. 4- 4 0 Opened at 8:28 p.m. Continued to Oct. 19, 1987 meeting PUBLIC WORKS--ACTION TAKEN: Publie Hearing is on agenda of Oetober 19 RECESSED: 10 :00 P. M. RECONVENED: 10: 15 P. M. Council Meeting, September 14, 1987 OLD BUSINESS: Consideration of a Special Use Permit, SP �87-1�F, to Allow an Automobile Service Station on Lots 1 and 2, Bloek 2, Central View Manor, the Same Being 7315 Highway 65 N.E., By Rapid Oil Change (Continued from 8/2�1/87) . . . . . . . . . . . . . Tabled to next meeting Page 3 . . . . 5 -5 0 COMMUNITY DEYELOPMENT--ACTION TAKEN: Item is on next agenda for consideration Consideration of Varianee Requests, VAR �87-2�4, to Reduce the Minimum Allowable Lot Area for One Main Building; to Reduce the Side Yard Setbaek on The Street Side of a Corner Lot; to Reduce the Distanee that the Edge of The Curb Opening may be From a Street Right-of-Way Interseetion; and to Reduce the Parking and Hard Surface Setback from a Street Right-of-Way to Allow Construetion of an Automobile Service Station on Lots 1 and 2, Block 2, Central View Manor, the same Being 7315 Highway 65 N.E., By Rapid Oil Change (Continued From 8/24l87) . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 G Tabled to next meeting COMMUNITY DEVELOPMEIdT--ACTION TAREN: Item is on next agenda for consideration Consideration of a Varianee, VAR �87-26, to Reduce The Side Yard Setback on the Street Side of a Corner Lot from 35 Feet to 21 Feet on the North, To Allow the Construction of an Automobile Service Station on Lots 1 and 2, Block 2, Central View Manor, the Same Being 7315 Highway 65 N.E., by Rapid Oil Change (Continued From 8/24/87) . . . . . . . . Tabled to next meeting COMMUNITY DEVELOPMENT--ACTION TAKEN: Item is on next agenda for consideration 7 - 7 C Couneil Meeting, September 14, 1987 OLD BUSINESS (CONTINUED): Consideration of Second Reading of an Ordinanee Approving a V acation SAV �`87-O�F, to V acate Easements on Lot �4, Block 2, East Ranch Estates Second Addition, Generally Located at 7710 University Avenue N.E., by James Benson and Gregory Bradbury (Continued From 8/24/87) . . . . Ordinanee No. 89� adopted with stipulations (1 CENTRAL SERVICE--ACTION TAKEN: Published Ordinanee in Fridley Focus Consideration of Second Reading of an Ordinance Approving a Rezoning, ZOA �87-03, to Rezone from C-1 (Local Business) to C-2 (General Business) on Traet B, C and D, Registered Land Survey No. 19, The S ame Being 6520, 6530 and 6536 East River Road N.E., by Randall Olchefske and Klaus Freyinger. . . . . . . . . . . . . . . . . . . . . Ordinanee No. 895 adopted with stipulations CENTRAL SERVICE--ACTION TAKEN: Published Ordinance in Fridley Focus Page 4 . . . 8 - 8 E addition) . . . 9 - 9 E Consideration of Appointments to the Energy and Environmental Quality Commissions . . . . . . . . . . . . 10 Tabled CITY MANAGER--ACTION TAREN: Have put item on next agenda for consideration Couneil Meeting, September 14, 1987 NEW BUSINESS: Consideration of First Reading of an Ordinance Approving a V acation, SAV #87-07, to V acate the 12 Foot Alley in Bloek 5, Hyde Park lying North of the South line of Lot 22 Extended Easterly and South of the North Line of Lot 30 Extended East- erly. All Lying East of and Adjoining Lots 22-30, Bloek 5, Hyde Park, Generally Loeated Between 61st Avenue and 60th Avenue and Between 3rd Street and University Avenue, by Wayne Johnson . . . . . . . . . . 1st reading for vacation of west 1/2 of alley with stipulations COMMUNITY DEVELOPMENT--ACTION TAKEN: Item is on next agenda for consideration of second reading and h ave made necessary correction in the original ordinance for west 1/2 of alley Page 5 . 11 - 11 C Receiving the Minutes of the Planning Commission Meeting of August 26, 1987 . . . . . . . . . . . . . . . . 12 - 12 M Received A. Consideration of a Special Use Permit, SP �87- 16, To Allow Exterior Storage of Materials and Equipment on Part of Lot 1, Auditor's Subdivision No. 79, the S ame Being 4500 Main Street N.E., by Rubber Research ................................... 12-12D Plannin� Commission Recommendation: Approval & 12J-12M With Stipulations Couneil Aetion Needed: Consideration of Re comme ndati on Approved with stipulations COMMUNITY DEVELOPMENT--ACTION TAKEN: Notified petitioner of Couneil approval. Couneil Meeting, September 14, 1987 NEW BUSINESS (CONTINUED): Page 6 Item From the September 1, 1 987 Appeal s Commission Mee ting . . . . . . . . . . . . . . . . . . . . 1 3 - � 3 P A. Consideration of a Varianee Request, VAR �87- 29, to Reduce the Required Side Yard Setback from 10 Feet to 4.4 Feet to Allow the Construction of Additional Livin� Space on Lot 3, Bloek 2, Heather Hills Second Addition, the Same Being 6191 Kerry Lane N.E., by Gregory Mortenson (see aecompanying vacation request) ................................. 13-13K Appeals Commission Recommendation: Denial Of Variance of Addition to Garage; Approval of Variance for Existing Garage at 4.6 Feet Couneil Action Needed: Consideration of Re comme ndati on Received letter from neighbor indicating no objeetion Approved variances subject to approval of vacation of drainage easement COMMUNITY DEVELOPME1dT--ACTION TAKEN: Informed applicant of Couneil approval B. Consideration of a Varianee Request, VAR �87- 32, to Deerease the Required Side Yard Setbaek From 20 Fee t to 5 Fee t to All ow the Encl osure of An Existing Loading Doek, on Lot 7, Block 1, Paco Industrial Park, the Same Being 250 Commeree Circle South N.E., by David Harris ...................... 13L-13P Appeals Commission Recommendation: Approval Couneil Aetion Needed: Consideration of Recommendation Approved with stipulations COMMUNITY DEVELOPMENT--ACTION TAREN: Informed applicant of Cauneil approval with stipulations Consideration of a Resolution Authorizing Funds to be Expended in Support of Mediation Services for Anoka County out of the 1988 City Budget ....... 14 - 14 D Resolution No. 68-1987 adopted Received letter for additional funding for 1987 which is to be considered at next meeting CITY MA1dAGER--ACTION TAI{EN: Plaeed item on next agenda for consideration 0 Council Meeting, September 1�, 1987 Pa�e 7 NEW BUSINESS (CONTINUED): II Consideration of Receiving the 1988 Budget from the North Metro Convention and Tourism Bureau. ...... 15 - 15 F I Received budget CITY MANAGER--ACTION TAKEN: Proceeded as authorized Receiving Petition #8 and Consideration of Change Order No. 3 for Street Improvement Projeet ST. 1987 - 1 . . . . . . . . . . . . . . . . . . . • . . . 16 - 16 G Tabled PUBLIC WORKS--ACTION TAREN: Item is on next agenda for consideration Consideration of a Resolution Confirming Assessment for 1987 Serviee Connections . . . . . . . . . 17 - 17 B Resolution No. 69-1987 adopted CENTRAL SERVICES--ACTION TAKEN: Proceeding with assessments as approved Receiving Petition �9-1987 from Maxwell Graphies ..... 18A Petition received Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Water, Sanitary and Storm Sewer Projeet #169 . . . . . . . . . . . . . . . . . . . . . . 18 - 18 B Received Petition �9-1987 & Adopted Resolution No. 70-1987 PUBLIC WORBS--ACTION TAREN: Proceeded as authorized Couneil Meeting, September 1�F, 1 987 Pa6e 8 NEW BUSINESS ( CONTINUED) : Consideration of a Resolution Orderin� Improvement, Approval of Plans and Ordering Advertisement for Bids: Water, Sanitary and Storm Sewer Project �169 ....... 19 - 19 B Resolution No. 71-1987 adopted PUBLIC WORKS--ACTION TAREN: Proceeded as authorized Consideration of a Resolution Requesting the Minnesota Department of Transportation to Install the Waterline Under I-69�• • • • • • • • • • • • • 20 - 20 B Resolution No. 72-1987 adopted PUBLIC WORKS--ACTION TASEN: Proeeeded as authorized C1aims . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Approved CENTRAL SERV ICE--ACTION TAKEN: Paid Cl aims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 G Approved CENTRAL SERVICE--ACTION TAKEN: Issued Licenses E stimate s . . . . . . . . . . . . . . . . . . . . . . . . 23 - 23 J Approved CENTRAL SERV ICE- -ACTION TARFN: Paid Estimates Consideration of Change Order �3, Landseaping, Irrigation & Lighting Project �168 for Minnesota Valley Landscaping . . . . . . . . . . . . . . . . . . . . . . . . 2� Approved PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized Consideration of Change Order �2, Water & Sewer Project �162 for Park Construetion . . . . . . . . . . . . . . . . 25 Approved PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized ADJOURN: 12:20 a.m. COUNCI L N�ET! NG. SEPTEMBER 14, '1987 . � �. PUBLIC HEARING ON 1988 BUDGET . . . . . . . . . . . . . . � PAGE 2 PUBLfC HEARiNG ON 1987 SERVICE CONNECTIONS ........ 2- 2 A CONSIDERATION OF A PUBLIC HEARING ON A VACATION, SA.V #87-�18, TO VACATE THE 66 F007 STREET RIGHT OF WAY (73 1/2 AVENUE) LYiNG NORTH OF LOT 1 AND THE WESTERLY 27 FEET OF LOT 2. BLOCK 2. CENTRAL VIEW , ��ANOR, TO ALLOW FOR Ah IMPROVED S I TE iLAN FOR A PROPOSED RAPID OIL STATION, GENERALLY LOCATED AT 7315 H i �ywAY 65 N. E, . BY RAP I D O I L CHANGE ( CONT I NUED FROM 8/24/87 ) . . . . . . . . . . . . . . . . . 3 - 3 N PUBLIC HEARING ON THE PROPOSAL FROM NORTEL CABLE ASSOEI ATES FOR A RENEWAL OF CABLE TELEV ( S I ON FRANCH I SE ..` 4-�F � COUNCIL h1EET) NG. SEPTEMBER 14. 1987 1 : �►�C� CONSI DERATION OF A SPECI AL USE PERMIT. SP #87-14. TO ALLOW AN AUTOMOBILE SERV ICE STATION ON LOTS 1 AND Z, BLOCK 2. CENTRAL VIEW M�ANOR, THE SAME BEING 7315 H � �HwAY 65 N, E. . BY RAP I D 0 I l. CHANGE (CONT ( NUED FROM 8/24/87) . . . . . . . . . . . . . CONS I DERAT I ON OF VAR I ANCE REQUESTS, UAR #87-24. TO REDUCE THE P•11 P�I MUM ALLOWABLE LOT AREA FOR ONE P�A I N BU I L01 NG; TO REOUCE THE S I DE YARD SETBACK ON fHE STREET SIDE OF A CORNER LOT; TO REDUCE THE DI SiANCE THAT THE EDGE OF THE CURB OPEhI NG MAY BE FROM A STREET R I GHT-OF-WAY I NTERSECT I ON; AND TO REDUCE THE PARKI NG AND HARD SURFACE SETBACK FROM A STREET R i GHT-OF-l�1AY TO ALLOW CONSTRUCT I ON OF AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2. BLOCK 2, CENTRAL V I EW MANOR, THE SAME BE I NG 7315 HI GHWAY 65 N, E. . BY RAPI D O I L CHANGE i CONT I NUED FROM 8/24/87) . . . . . . . . . . . . . . . . . . . . . CONSIDERATION OF A VARIANCE, VAR #87-26. TO REDUCE (HE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 35 FEET TO 21 FEET ON THE NORTH. TO A�LOW THE CANSTRUCT I ON OF AN AUTOMOB I LE SERV I CE STATION ON LOTS 1 AND 2. BLOCK 2. CENTRAL VIEW MANOR, THE SAME BEING 7315 HiGHWAY 65 N.E.. BY RAPID OIL CHANGE (CONTINUED FROM 8/24/87) .... PAGE 3 , . , . 5 - 5 0 ,...6-6G L ....7-7C COUNCIL MEETI NG. SEPTEMBER 14. 1987 i i �i � PAGE 4 CONSIDERATION OF SECOND READlNG OF AN ORDINANCE APPROV I NG A VACATt ON SAV #87-04. TO VACATE EASEMENTS ON LOT 4, BLOCK 2. EAST RANCH ESTATES SECOND ADD1 T10N, GENERALLY LOCATED AT 771H UNIVERSITY AVENUE N.E.. BY JAMES BENSON AND GREGORY BRADBURY (CONTINUED FROM 8/24/87) , . . . . . . . S — $ E CONSIDERATION OF SECOND READING OF AN ORDINANCE APPROV(NG A REZONiNG, ZOA #87-03. TO REZONE FROM C-1 (LOCAL BUSINESS) 70 C-2 (GENERAL BUSINESS) ON TRACT B, C AND D. REGI STERED LAND SURVEY N0. 19, THE San�E BE i ra� 6520, 6530 AND 6536 EAST R I VER KOAD N. E. . BY RANDALL OLCHEFSKE AhD KLAUS FR EY i N GE R . . . . . . . . . . . . . . . . . . . . . . . . 9 — 9 E CONSIDERATION OF APPOINTMENTS TO THE ENERGY AND ENVIRONMENTAL QUALITY COMMISSIONS . . . . . . . . . . . . 1� � e COUNCIL MEETI NG. SEPTEMBER 14, 1987 REW BUSINESS: CONS i DERAT I ON OF FI RST READI NG OF AN ORD I NANCE APPROVING A VACATION, SAV #87-07, TO VACATE THE 12 FOOS ALLEY 1 IV BLOCK 5. HYDE PARK LY I NG NORTH OF THE SOUTH LINE OF LOT 22 EXTENDED EASTERLY AND SOUT.H OF THE NORTH L I NE OF LOT 30 EXTENDED EAST- ERLY. ALL LYING EAST OF AhD ADJOINING LOTS 22-30. BLOCK 5. HYDE PARK, GENERALLY LOCATED BETWEEN 61ST AVENUE A{�D 6�lTH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE .JOHNSON . . . . . . . PA�E 5 . , . . 11-11C RECE I V I NG THE MI hUTES OF THE PLAP�N I NG COMM I SS I ON h"�EE� I t�G OF AuGUST 26 . 1987 . . . . . . . . . . . . . . . . 12 - 12 N A. CONS l DERAT I ON OF A SPEC 1 AL USE PERM 1 T. SP #87- 16 , TO ALLOW EXTER I OR STORAGE OF h1ATER I AL S AND EQUIPME�T ON PART OF LOT 1. AUDITOR'S SUBDIVISION N0. 79. THE SAME BEING 4500 MAIN STREET N,E.. BY RUBBER RESEARCH ................................... PJANNING OMMISSION RECOMMENDATION: APPROVAL WITH STIPULATIONS �OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDAiION 12-12D $ 12J-12M � _ - COUNCIL h^�EETING. SEPTEMBER 14, 1987 ��.ti� BUS I NESS ( CONT I NUED) : PA�E 6 ITEM FROM THE SEPTEMBER 1. 1987 APPEALS COMMI SS I ON hiEET I NG . . . . . . . . . . . . . . . . . . . . 13 - 13 P A. CONSIDERATlON OF A VARIANCE REQUEST. VAR #87- 29. �-TO REDUCE THE REQUI RED S I DE YARD SETBACK FROM 10 FEET TO 4.4 FEET TO ALLOVJ THE CONSTRUCTION OF ADD ( T I ONAL L I V i NG SPACE otv LoT 3. BLOCK 2. HEATNER H I LL S SECOND ADD I T I ON, THE SAME BE i NG 6191 KERRY LANE N, E, . BY GREGORY (�iORTENSON iSEE ACCOMPANY I �G VACATION REQUEST) ................................. 13-13K. APPEALS COMMISSION RECOMMENDATION: DENIAL OF VAR I ANCE OF ADD I T I ON TO GARAGE : APPROVAL OF VARIANCE FOR EXISTING GARAGE AT 4.6 FEET COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATIOh B. CONSIDERATION OF A VARIANCE REQUEST, VAR #87- 32. TO DECREASE THE REQUIRED SIDE YARD SETBACK FROM 20 FEET TO 5 FEET TO ALLOW THE ENCLOSURE OF AN EX I ST I NG LOAD I NG DOCK, ON LOT 7. BLOCK 1. PACO INDUSTRIAL PARK, THE SAME BEING 250 COMMERCE CIRCLE SouTH N.E., BY DAVID HARRIS ...................... 13L-13P �pp�eic COMMISSION RECOMMENDATION; APPROVAL �OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION T � COUNCIL N�ETING. SEPTEMBER 14, 1987 i � _�� PAGE 7 CONSIDERATION OF A RESOLUTION AUTHORIZING FUNDS TO BE EXPENDED i N SUPPORT OF N�DI ATI ON SERV iCES FOR ANOKA COUNTY OUT OF THE 1988 CITY BUDGET ....... 14 - 14 D CONSIDERATION OF RECEIVING THE 1988 BUDGET FROM THE NORTH N�TRO CONVENTION AND TOURISM BUREAU. ...... 15 - 15 F RECEIVING PETITION AND CONSIDERATION OF CHANGE OP.DER N0. 3 FOR STREET IMPROVEMENT PROJECT ST . 1987 - 1 . . . . . . . . . . . . . . . . . . . . . . . 16 - 16 G CONSlDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR 1987 SERVICE CONNECTIONS . A ........17-17B COUNCIL N�ETING. SEPTEMBER 14, 1987 �!�I�J BUS I NESS � CONT I NUED) : PAGE 8 CONSIDERATION OF A RESOLUTION ORDERING IMPROV EMENT AIvD FI NAL PLANS AND SPECI F I CAT I ONS AND EST 1 MATES OF COSTS THEREOF: WATER, SANITARY AND STORM SEWER PR OJ E CT # 169 . . . . . . . . . . . . . . . . . . . . . . . 18 - 18 B � CONSIDERATION OF A RESOLUTION ORDERlNG IMPROVEMENT, APPROVAL OF PLANS AND ORDER I NG ADVERTI SEMENT FOR B I DS : WATER, SANITARY AND STORM SEWER PROJECT �169 ....... 19 - 19 B CONSIDERATIOh OF A RESOLUTION REQUESTING THE M( PdNESOTA DEPARTMENT OF TRANSPORTATI ON TO I �STALL THE WATERL I NE UNDER I-694 . . . . . . . . . • . • • 2� ' 20 B Q..AIMS . . . . . . . . . . . . . . . . . . . . . . . . . . 2� L I CE NSE S . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 G � - EST I MATE S . . . . . . . . . . . . . . . . . . . . . . . . 23 - 23 J :1 � : • 200Tg APPIVERSARY OF TES SIGNIPG OP Tg13 UAITED STATES CDASTITUTIOA SEPTEMBER 17, 1987 William J. Nee MaYor Fridley, M N. WHEREAS, 17th of September, 1987 is the 200th Anniversary of the signing of the United States Conatitution; and WHEREAS. the Constitution, as ratified, embodies the ideals of Ziberty under Zarv and rvas designed to maintain our free government in perpetuity as a more perfect union and to secure the bteseings of Ziberty by consent of the governed; and WHEREAS. ferv governments in the rvorZd have been able to provide Ziberty and atability to their citizens under a ruritten constitution for more than a generation; and WHEREAS, the Zarvs adopted under this charter of freedom and the attractive rvay of Zife resutting have drarvn to our shores citizena from every corner of the r�orZd, and provide impreseive evidence of the entightened vision and the rvisdom of the drafters of the Conattitution; and WHEREAS. the Bicentenniat offers the opportunity for the American people to rededicate theraseZves to the great principles that have formed the basie for our nationat strength and prosperity; and WHEREAS, it is timeZy and appropriate for us to keep in our hearta and minds the marvetous achievements of the ConstitutionaZ Convention in 1787 and to preserve the ConetitutionaZ Repubtic and the high ideals of our Founding Fathers: NOW, TAEREFORE, BE IT RESOLVED that I, Wittiam J. Pee, Ma�or of the City of Fridley hereby procZaim September 17. 1987 as 200T8 APAIVERSARY OF TEE SIGAIAG pF TgE UAITED STATES COPSTITUTIOP IN WITPESS WHEREOP, I have set my hand and caused the seaZ of the City of Fridtey to he affised this 14th day of September, 1987. WILLIAM J. PEE, MAYOR • FREEDOM_WEBK OCTOBER 11 - 17, 1987 William J. Nee MaYor Fridley, MN. WEEREAS, the FridZey Women of Today is an organization of young pevple rvho betieve in brotherhood of mankind and that this brotherhood transcenda the sovereignty of nations; and WgEREAS, the FridZey Women of Today believe that goverrcment shoutd be of Za�s rather than of inen; and WHEREAS. in their fight for independenee. communities in the United Statee have established a heritage of freedom by patriotic service; and WHEREAS, the American flag is a symboZ of patriotic ZoyaZty and pride in our country; and WHEREAS, the Fridtey Women of Today are committed to a patriotic recognition of the di8covery of America and the founding freedoms of the United States of America; and WBEREAS, Women of Today acrose this state �uiZZ be showing their concern, Zoyatty and aupport for our country by a vivid and patriotic dispZay of pride in America throughout our communities; POW, TAEREFORE, BE IT RESOLVED that I, WiZliam J. 1Pee. Mayor of the City of Fridley hereby procZaim October 11 - 17, 1987 as FRSBDOM iJEE% in the City of FridZey and encourage aZt citizena to join in the observance of thie rveek rvith appropriate ceremonies and activities. IN WITPESS T�BEREOF. I have eet my hand and caused the seaZ of the City of Fridley to be affixed this 14th day of September, 1987. � WILLIAM J. AEE, MAYOR Tf� I�NUTES OF THE FRIDLEY CITY COUNCIL NEETING OF AUGUST 24, 1987 Ti� MINUTES OF THE IiEGiJLAR MEETING OF Ti� FRIDLEY CITIt COIINCIL OF ADGI�ST 24, 1987 The Regular Meeting of the Fridley City Couneil was called to order at 7:40 p. m. by May or Nee . PLEDGE OF ALLEGIANCE: , Mayor Nee led the Couneil and audience in the Pledge of Allegiance to the F1 ag. ROLL CALL: I�ENIDERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Couneilman Schneider, Councilman Fitzpatrick and Couneilman Goodspeed I�I�ERS ABSENT: None APPRUJ AL OF MINiJTES : COUNCIL MEETING, AUGIZST 3. 1987' MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee stated Items �4, 5 attd 6 are to be continued at the request of the petitioner. He requested that Item 3 be considered in conjunction with Item 13 since these are related issues. The fatloWfng items were added to the ; agenda: (27) Receiving Environmental Assessment Worksheet from Central Roofing and (28) Consideration of Change Order No. 2 for Commons Park Filtration Plant, Projeet No. 16�. MOTION by Couneilman Fitzpatrick to adopt the agenda with the above amendments. Seconded by Couneilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, V ISITORS • There was no response from the audience under this item of busir�ess. PUBLIC HEARINGS• 1. PUBLIC I�ARING ON A VACATION, SAV #87-08, TO VACATE THE 66 FOOT STREET RIGHT-OF-WAY (73-1/2) AVENUE) LYING NORTH OF LOT 1 AND THE i�ESTERLY 27 FEET OF LOT 2, BLOCK 2, CENTRAL VIEW MANOR. TO ALLOW FOR AN IMPR(NED SITE PLAN FOR A PROPQSED RAPID OIL STATION, GENERALLY LOCATED AT 7315 HIGHWAY 65 N.E., BY RAPID OIL CHANGE: -1- COIINCIL I�ETING OF AUGUST 24, 1987 Mayor Nee stated the petitioner would like this item continued to the next meeting on September 14, 1987. MOTION by Couneilman Schneider to open the hearing and continue this item to September 1�t, 1987 • Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 2. PUBLIC HEARING ON A V ACATION, SAV #87-07 , TO V ACATE THE 12 FOOT ALLEY _IN BLOCK 5 HYDE PARK LYING NORTH OF THE SOtJTH LINE OF LOT 22 EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY, ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLOCK 5. IiYDE PARK, GENERALLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNNERSITY AVENUE, BY W AYNE J OHNS ON • MOTION by Councilman Goodspeed to �raive the reading of the publ ic hearing notice and open the public hearing. Seconded by Couneilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing oper�ed at 7:�15 p.m. Mr. Robertson, Community Development Direetor, stated this petition for vacation does not involve the entire alley, but only a portion. He stated the Planning Commission's recommendation was to vacate the portion of the alley lying north of the south line of Lot 22 and south of the north line of Lot 3� and extending easterly. Mr. Robertson stated the Commission recommended five stipulations as follows: (1) a utility easement to be retained over the entire portion of the vacated alley; (2) garage construction contingent upon letters from all the utility companies allowing a specified distance of encroachment into the retained utility easement; (3) garage construction contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into the retained easement; (4) petitioner to eserow funds with the Publie Works Department sufficient. to cover curb work for proposed curb cut on 3rd Street; and (5) dumpster to be fully screened. Mr. David Goldstein, 410 Groveland Avenue, stated he was representing the Pestello and Wolfe families. He stated these property owners were in favor of this vacation only if it ineluded the entire alley. He stated the Wolfe's at 6007 3rd Street and the Pestello's at 6011 3rd Street both have been victims of robberies and burglaries. He stated the burglars made their escape through the unmaintained alley. Mr. Goldstein stated the Pestello's have a pool in their backyard and have problems with intruders climbing over the fenee from the alley. He stated the alley has standing water, after a rainfall, and it is dirty with refuse and unmaintained. He felt this alley decreases the value of everyone's property. Mr. Goldstein stated he felt sometimes the good of many should take precedent over the good of a few and the entire alley vacated. He stated there are three or four individuals living above the critical point and two or three individuals living below the eritical point and felt all property owners who abut the alley should be entitled to the same rights. He stated When on�e balanoes the equities, financial hardships, at times, must give way to the good of the community. -2- COtTNCII. t�ETING OF ADGf�T 24, 1987 Mr. Goldstein stated it also seems an alley that has on].y one exit is potentially dangerous. He stated in other cities, alleys are required to have a separate entranee and exit. He felt the City may be liable in terms of having only one entrance to the alley. Ms. Rim Pestello, representing her mother, Elaine Pestello, stated there is only one family that uses the alley and that is the Reeds at 6017 3rd S tree t. Mayor Nee stated it appears from the photos submitted by Elaine Pestello that the alley is used by others who abut it. Councilwoman Jorgenson stated she had inspected the alley today and it appears other people are using it. Ms. Pestello stated the petitioner now uses the alley, but with the vacation they would create their awn aceess to 3rd Street. Mr. Robertson stated the petitioner, Mr. Johnson, lives at 6051 3rd Street and is proposing a driveWay along the north side of his lot for access to 3rd Street. Mr. Herriek, City Attorney, stated he understands this alley is a public platted alley and if the Council takes away the right of aecess of any party, they have a claim for damages. He felt if the Council considers vacating the entire alley, eonsent of everyone who abuts it would be needed. Mrs. Margaret Reed, 6017 3rd Street, stated in order for them to aecess 3rd Street, it would mean taking down mature trees along the south side of their lot. Couneilman Goodspeed stated the alley is really unsightly and would 1 ike to see some sort of eompromise, if possible, to have it vaeated. Mr. Herrick asked if staff has explored the possibility of providing other access for the Reeds at 6017 3rd Street. He stated if the alley is vacated, it seems the abutting property owners would be receiving a fairly substantial piece of property and possibly an assessmeni could be considered. Mayor Nee asked Mrs. Reed if there was a way to pay for the driveway, if she would be in favor of the vacation. Mrs. Reed stated tbe possibility was discussed on reducing the length of the driveway. Mr. Goldstefn stated the a11ey at night is extremely dark and people have t.he right to protect their property and families. He stated it has been shown that the alley is an avenue used i�y those who do not Wish to respect the law. He felt there is a viable means to give the Reed's aecess to their garage. -3- COUNCIL 1+�ETING OF AUG�T 24, 1987 Councilman Sehneider asked Mr. Goldstein if he feels there is more crime if only one-half of the alley is vacated as opposed to the entire alley. Mr. Goldstein stated he thinks the risk of erime exists as long as the alley is open at all. He stated if you allow half the people to secure their property, the others should be given the same right. Mayor Nee stated if the City �vacates the Reed's aecess, there could be a claim for damages and the question is who would pay. Mr. John Early, 60�1 3rd Street, stated because the alley is only one-way, he has had people drive down it and back into his yard in order to turn around. He stated he wou7.d like to see it vacated. MOTION by Councilman Goodspeed to close the public hearing. Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:10 p.m. 1Y�e City staff was requested to review this matter further to see if a solution can be found whieh would satisfy all those persons affected. OLD BUS INESS : 3. CONSIDERATION OF SECOND READING OF AN ORDINANCE APPRW ING A V ACATION, SAV #87-04, TO VACATE EASEMENTS ON LOT �, BLOCK 2, EAST RANCH ESTATES SE_COND ADDITION GENERALLY LOCATED AT 10 tTNNERSITY AVENUE N.E. BY J. BENSON AND G. BRADBURY: This item will be considered in conjunetion with Item 13 later in the age nda . 4. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-14. TO ALLOW AN AUTOMOBILE ec�ut rr� QTATTl1U nu r n�rc � et�m �_ nT.ncx 9_ I:F:NTRAT. V TF.W MANOR. THE SAME BEING 7.his item was continued when Council adopted the agenda. 5. CONSIDERATION OF VARIANCE REQUESTS, VAR #87-24, TO REDUCE THE MINIMOM ALLCIWABLE LOT AREA FOR ONE MAIN BUILDING; TO REDUCE BUILDING SETBACRS ON THE STREET SIDES OF A CORNER LOT: TO REDUCE TF� DISTANCE THAT THE EDGE OF CURB OPENINGS MAY BE FROM A STREET RIGHT-OF-WAY INTERSECTION; TO REDUCE PARKING AND HARD SURFACE SETBACKS FROM A STREET RIGHT-OF-WAY• TO ALLOW THE CONSTRUCTION OF AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2, BLOCK 2i CENTRAL VIEW MANOR, THE SAME BEING 7315 HIGHWAY 65 N.E., BY RAPID OIL CAANGE• �is item Was contint�ed when Council adopted the agenda. 6. CONSIDERATION OF A VARIANCE, VAR #87-26, TO REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 35 FEET TO 21 FEET TO ALLOW THE CONSTRUCTION OF AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2, BLOCK 2� -�- COUNCIL I�EE TING OF AtIG AS T 2�, 19 87 CENTRAL VIEW MANOR, THE SAME BEING 7315 HIGHWAY 65 N.E., BY RAPID OIL CHANGE: This item was continued when Council adopted the age nda. 7. CONSIDERATION OF APPOINTMENTS TO THE ENERGY AND ENV IRONMENTAL QUALITY COtrIl�tISS IOlsS : MOTION by Councilman Sehneider to table this item. Seconded by Counci2woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW B� INESS • 8. COI�SIDERATION OF FIRST READING OF AN ORDINANCE APPRCNING A REZONING, ZOA �87-03. TO REZONE FROM C-1 (LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) ON TRACT B, C AND D, REGISTERED LAND SURUEY NO 19. THE SAME BEING 6520, 6530 AND 65�6 EAST RNER ROAD N.E.. BY RANDALL OLCHEFSRE__AND KLAUS FREYINGER: Mr. Robertson, Community Development Direetor, stated this propoaed rezoning is for the Riverside Car Wash and adjaeent property to the north. He stated a stipulation on the use of the building to the north would be covered by a restrietive covenant and limited to all land uses provided for in the C-1 (local business) section of the Zoning Code plus restaurant and day care uses which may be considered as permitted uses. Mr. Robertson stated the petitioner, Mr. Freyinger, has written a letter dated August 19, 1987 asking that the restrictions proposed be eased somewhat to include a health spa facility, veterinarian clinic, limousine service, mini-storage or indoor parking for the River Road East Apartments. He stated all these uses would require special use permits under the C-2 zoning whieh the Council is considering. He stated the health center and legitimate massage service would only be allowed in a C-3 zone with a special use permit. �ouncilman Fit�patrick stated Mr. Freyinger's request Would be a rather significant departure from the items discussed at the publie hearing. Mr. Herriek, City Attorney, stated the Couneil could adopt the restrietive covenant, as proposed, and if the awner feels he must have a use that isn't contained in the covenant, he could request the Council to amend this covenant. He stated the Couneil could approve an amendment, if t.hey felt it was a legitimate use of the facility rather than broadening the uses at this time and not knowing exactly what type of business would be located in this building. Mr. Freyinger, the petitioner, asked the Council not to narraw the uses. He stated he was making a significant sacrifice for his neighbor in providing parking and it was his understanding he would get a better use of the building. Mr. Freyinger stated it is difficult to negotiate �aith prospective tenants if qou do not 1Qiow if a business will be allowed. He stated he didn't know if he could live with these restrictions. Mr. -5- COUNCIL MEETING OF AOGUST 2�1, 1987 Freyinger stated a day care c;enter at this location is ruled out because he cannot get insurance. He stated the restrictive covenant would then only allow a restaurant and he felt this Would not be a good use because of the acoess. Mr. Freyinger stated, however, he has leased one-third of the building to a pizza delivery service. Councilman Fitzpatrick stated the rezoning has not been approved and if it is of no benefit to the petitioner, it can be withdrawn. Mr. Freyinger stated Mr. Olchefske is far along with his plans and didn't know if the rezoning could be Withdrawn. He stated the recommendation from the Planning Commission was different than what is before the Council. Mr. Robertson stated the Planning Commission stipu].ation was that the covenant would restriet the C-2 uses to non-automotive oriented uses. He stated staff fel t it �aas not spe cif ie e nough and some of the use s contemplated by the petitioner should be mentioned. Ms. Penny Blomquist stated she is considering leasing this building from Mr. Freyinger for a hair and body salon whieh would offer hair and nail care services, tanning, massage and exereise. She stated she lrnows the building has a bad name, but would run a strictly legitimate and very upbeat busine ss. Couneilman Fitzpatrick stated he �ould favor the first reading of the rezoning ordinance with the stipulations recommended by staff and if the awner has other possible uses, he could submit a request to the Council to consider an amendment to the restrictive covenant. MOTION by Councilman Fitzpatrick to Waive the reading and approve the ordinanee upon first reading with the following stipulations applying for Mr. Olehefske's and Mr. Freyinger's properties: Randall Olehefske, Riverside Car Wash -(1) petitioner agrees to reFurbish �esterly addition to car wash by adding roof equi�ent screenittg and refinishing facade (roof sereening details by aWner - approved by staff) . Work to be completed prior to occupancy of proposed addition; (2) proposed easterly facing overhead doors to be tan colored; (3) petitioner agrees to provide a masonry dumpster enclosure with opaque gate prior to oceupancy of proposed addition; (�F) petitioner agrees to install landseaping and provide automatie sprinkling as per City plan dated 7/1/87 on Tract D(except along west edge) prior to oceupaney of proposed addition; (5) petitioner agrees to make parking lot driveway improvements including shifting of westerly drive five feet east, and new curbing, blacktopping and retaining wall as indicated on City plan dated 7/1/87 prior to occupancy of proposed addition. Driveway and retaining wall details submitted by owner prior to building permits; (6) petitioner agrees to execute joint drive�ray and planting easements (content approved by staff) from Tract D to Traet C prior to publication of ordinanee; and (7) petitioner agrees to execute a restrictive covenant agreement stating that land uses under proposed C-2 (General Business) zoning elassification for Tract D, Registered Land Survey No. 19 is limited to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus fuel dispensing and ear Kash uses will be � COIINCIL I�ETING OF AUGUST 24, 1987 considered as permitted uses. Klaus Freyinger -( 1) petitioner agrees to execute a restrietive covenant agreement atating that land uses under proposed C-2 (General Business) zoning classification for Tract B and C, Registered Land Survey No. 19 is limited to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus restaurant and day eare uses will be considered as permitted uses snd compleied prior to publication of r�ezoning ordinance; (2) petitioner agrees to refurbish building ineluding trim painting and roof equipment sereening, prior to oceupancy; (3) petition�er agrees to install a brick dumpster enclosure With opaque gate prior to occupaney; (4) petitioner agrees to install a pylon sign similax to the Riverside Car Wash �sign prior to full oecupancy; (5) petitioner agrees to install landscaping and automatic sprinkling, as per City plan dated 7/1/87, on Traets B and C(except along west ed$e) prior to occupancy; (6) petitioner agrees to install landscape tree wells, plantings, and irrigation along the western edge of Tracts B, C, and D, as per City plan dated 7/1/87 by October 31, 19893 i7) petitioner agrees to make parking lot/driveway improvements including curbing, blacktopping, sealcoating and striping prior to oceupancy ; and ( 8) pe ti ti one r agree s to provide j oint driveway easements (content approved by staff) fram Traet B to Tract C and joint driveWay and parking easements from Traet C to Tract D, prior to publication of ordinance. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROV ING A V ACATION, SAV �87 06, TO VACATE TFIE 12 FOQT ALLEY LOCATED BETWEEN 57TH AVENUE AND 58TH AVF.NTiF. At�m BF.'I1nIEEN JEFFERSON STREET AND WASHINGTON STREET N.E., BY ROGER LEFFLER: Mr. Robertson, Community Developmeni Director, stated all persons affeeted by this vacation are in agreement. He stated letters have been received fro� everyone except Mr. Stephen Watlerius, 5703 Wa�ington Avenue, and he has agreed by phone and a letter should be forthcoming. MOTION by Councilman Goodspeed to waive the reading and approve the ordinance upon first reading. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVII�G THE MINtJTES OF THE PLANNING C0�7�SSION MEETII� OF AUGAST 5, 1987: MOTION by Couneilman Sehneider to receive the minutes of the Planning Commission Meeting of August 5, 1987 • Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. ITEM FROM THE APPEALS CONIl�IISSION MEETII�GG OF JULY 28, 1987: A-1 . COIZSIDERATION OF A VARIANCE, VAR #87-27, TO REDOCE NORTI�RLY 35 F'EET, LOT 5 AND 6, BLOCK 1, PACo -7- COUNCIL I�EETIl�G OF AUGQST 24, 1987 INDUSTRIAL PARK, THE SAME BEING 7110 TO 7190 UNNERSITY AVENUE N.E.. BY WINFIELD DEVELOPI�NT: Mr. Robertson, Community Develogment Director, stated this is a request for a variance to reduce the distance from any property line or driveway from the required 10 feet to 6 feet to allow tkie ereetion of a freestanding sign and that the dumpster is to be screened as noted in the special use permit. He stated the hardship is existing landseaping and utility poles in two corners of the property make it impractical to place a sign at these locations. He stated staff has no objection and the Appeals Commission has recommended approval of this variance. Mr. Robertson stated it should be noted that before the variance is issued, a previous stipulation for the dumpster to be screened, which was approved in conjunetion with the special use permit, should be complied with. MOTION by Couneilman Goodspeed to grant this variance, VAR �87-27, to reduce the distance from any property line from 10 feet to 6 feet to allow the erection of a freestanding sign, and that the dumpster is to be acreened as noted in the special use permit. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECENING THE MINUTES OF THE CAN ADVISORY COMMISSION OF JULY 30, 1987: MOTION by Couneilman Fitzpatrick to receive the minutes of the Cable Television Commission Meeting of July 3�, 1987 • Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 13. CONSIDERATION OF STIPULATION ALTERATION FOR A LOT SPLIT L.S. �8 -OU BY JAMES BENSON AND GREGORY BRADBURY: AND 3. CONSIDERATION OF SECOND READII�G OF AN ORDINANCE APPRW ING A VACATION, SAV #87 0�4, TO VACATE EASEI�NTS ON LOT �t, BLOCR 2, EAST RANCH ESTATES SECOND ADDITION, GENERALLY LOCATED AT 7710 UNNERSITY AVENUE N.E., BY J. BENSON AND G. BRADBURY• Mr. Robertson, Community Development Director, stated there were some questions of awnership raised at the last meeting in regard to lot split, L.S. #87-04. He stated portions of land covered under this lot split were to be combined with Mr. Schroer's property with the intent that no land would be landlocked. Mr. Robertson stated staff has submitted a proposed alteration to the original stipulations, as the definite ownership has not been established at this time, and there is a question whether the original stipulations can be implemented. Mr. Robertson stated the Couneil has received a memo from Mr. Herrick in which he is, essentially, recommending the Council adopt the original stipul ations, but recogniz ing that if by some smal l ch anee, th at 1 and i s found not to belong to Mr. Schrcer, it be recombined with the land to the west so there would be �o landloeked parcels. � COUNCIL I�:ETING OF AOGUST 2�. 1987 Mr. Herrick stated Mr. Jim Benson is present this evening and may wish to comment on the current status as far as the title to Paroel A. Mr. Benson stated there Was some concern whether any part of Pareel C is part of Paroel A. He stated the ownerahip of Parcels C and D, as shown on the map, is not in question and they are awned by Mr. Schroer. He stated the only question regarding the awnership is Parcel A. He stated the title today on this parcel is in Mr. Sehrcer's name and he has a quit elaim deed. Mr. Benson stated someorbe is claiming possible contract interest in this property and it could be months before the o�wnership is determiried. Mayor Nee asked how Parcel A was included in the lot split application. Mr. Benson stated it was all Mr. Schroer's land. He stated when the Iot split was originally proposed, Maehining, Ine. had title to this property. Mr. Herriek stated Mr. Schroer sold Parcel A, as shown on the map, to Maehining, Inc. on a eontract for deed and at the time it was sold, Maehining, Ine. awned Lots 5 and 6 to the west and there was no problem with landloeked property. He stated since that time, Maehining, Inc. has filed for bankruptcy and a problem ari se s be cause of some di spute in the bankruptcy court. He stated as far as combining Parcel s C and D, there is no problem. He stated the problem is if Pareel A is combined with the property to the south and this shouldn't be done until the disagreement on the awnership is resolved. He stated he presumes Parcel B isn't part of the controversy and eould be joined with the property to the south. Mr. Billings, Chairman of ttie Planning Commission, stated or� of the reasons the Planning Commission recommended the stipulation that Parcel A and the adjoining property be tied into one tax pareel with Mr. Sehroer's property was to make sure Parcel A didn't become landloeked because they are vacating a street easement. Iie stated as long as the property is Mr. Schroer's an@ becomes part of the property to the south, it is not a problem. He stated if Mr. Sahrcer does not have title to Parcel A, there is a question if a landlocked situation has been created. Mr, Henson stated there is no street through the parcel as it was vacated a long time ago. Mr. Robertson stated the records shrna the street easement still exists. Mr. Billings stated at the Planning Commission meeting it wasn't necessary to veriiy if the street easement still existed because it was understood all the property was o�wned by Mr. Schroer. Mr. Herriek asked if parcels C and D are combined for one building site, if this could be dorye and still provide for a street easement. Mr. Benson answered in the negative aad stated if the street easement hasn't already been vacated, it Would bave to be vacated in order to make it a Workable piece of propertq. Mr. Herrick stated it is probably 99� certain that Mr. Schroer will get title to Parcel A or Maehining, Inc. would get title. He stated in either -9- COtJNCIL t�ETING OF AUG�ST 2�1, 1987 case, there wouldn't be any landlocked property. Mr. Benson stated the whole piece which ineludes Parcels A, C, and B is one tax pareel all in fee title to Bob Schrcer. Mr. Herrick stated he Would recommend combining Pareels C and D and not doing anything on the rest at this time. Mr. Benson stated there is an unrecorded easement across the south portion of Parcel B which existed when Mr. Sehrcer sold land to Maehining, Inc. Mr. Hill� Aeting City Manager, stated as he understands, there is a question whether Maehining, Inc. actually owns this land. He stated there is a bankruptcy court trustee who doesn't agree on who owns the property. He stated it seems rather complicated, at this point, who actually has legal ownership of tYie previous Machining, Ine. property. Mr. Benson stated all the discrepancies are only in Parcel A and not Parcels B, C, or D. He stated when the property was sold to Machining, Ine., the lot split was never before the Council. He stated it was Machining, Inc. � s responsibility to show they may have an interest in Parcel A. Mayor Nee asked how the property was described when Mr. Schroer sold it to Maehining, Ine. Nh�. Benson stated these are all lots and bloeks. Mr. Billings stated if Mr. Schrcer has an easement over the south portion of Parcel B, it would be his responsibility to prove it exists then it wouldn't be necessary to vacate the street. He stated it isn't the lot split, but the vacation that may deny access across Parcel A. Couneilman Schneider asked if there positively is no contest over the awnership of Pareel C. Mr. Benson stated there is a copy of the contract for deed in the City's files on this parcel. Mr. Benson stated Mr. Schroer advised him the Whole street was vacated, but the City dcesn't have records as such. Mr. Herrick stated if the street was vacated, the records would be on file with the City. Mr. Herrick stated he believed additional research has to be completed to determine if there is an easement across the southern portion of Parcel B, west to Ranehers Road and if the street easement through the eastern portion of Paroel C has been vaeated. Councilman Goodspeed stated he would agree no action should be taken on the vacation request until the isswes are resolved. NIDTION by Couneilman Goodspeed to table the two items, 13 and 3, until the question on oFrnership and easements are resolved. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -10- COtTNCIL MEETING OF AOGtIST 2�, 1987 14. CONSIDERATION OF APPOINTI�NT TO THE ANOKA COUNTY SOLID KASTE ABATEMENT AW IS ORY TASR FORCE : Councilman Goodspeed asked if someone from the Environmental Quality Commission may wish to serve on this task force. Mr. Robertson, Community Development Direetor, stated he believed this was diseussed at the Commission level and it was suggested Myra Wieklaez be appointed. MOTION by Couneilman Schneider to concur with staff's recommendation and appoint Myra Wicklac� to the Anoka County Solid Waste Abatement Advisory Task Force. Seconded by Councilman Goodspeed. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CONSIDERATION OF CHANGE ORDER N0. �4 FOR DEMOLITION AND SITE GRADING PROJECT NO• 163: Mr. Robertson, Community Development Director, stated the ARA approved this change order at their August meeting. He stated, teehnically, a ehange order cannot be executed until it is approved by the City Couneil. He stated the circumstances of this change order, however, required the HRA to act to implement the intent of the law, rather than the letter of the law. He stated if the eontractor had to wait for Couneil action, additional costs would have oecurred and, in consulting with the City Attorney, staff was advised the ehange order should be processed in the most expedient and cost effective way. MOTION by Councilman Schneider to approve Change Order No. �, Demolition and Site Grading Project �163, with Enebak Construction Company in the amount of $38, 750 for a revised contract amount of $1, 200, 863 • Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 16. CONSIDERATION OF AMENDING TRDA AGREEMENT FOR DESIGN AND REPAIR OF 1.5 MG RESERVOIR PROJECT N0. 161: Mr. Flora, Public Works birector, stated the repair of the 1.5 NG reservoir on Johnson Street has been eompleted by Western Waterproofing at a cost of $78,591 • Ae stated the City had a eontract with TRDA to conduet the inspection work for a l�p s� of �i,800. He stated a question was raised about the epoxy in the tank and TI�A Was requested to run tests. Mr. Flora stated TKDA is requesting compensation For these tests at �1,1�46.95 and additional compensation for soliciting prices from other contractors at a cost of $803.54 or a total of $1,950.49 to be added to the original contract of $1,800. Couneilman Schneider asked who selected the contractor for this projeet. Mr. Flora stated this eontractor was the low bidder and the City awarded the bid based on TKDA' s recommendation. Councilmaa Schneider stated the City contracts with experts and he is -11- COIINCIL MEETING OF AUGUST 2�, 1987 disturbed Khen a project is half finished, items are forgotten and have to be added, TKDA comes back for additional compensation. He felt the homework upfront isn� t being accomplished. He stated he would like a representative from TI�A to talk to the Couneil regarding some of these things which have happened in the past. Mayor Nee stated it seems the City always pays for TKDA's mistakes. He stated he Would like to see a short paragraph on each issue to aee the reality of the City's experience with TKDA over the last 9everal years. Councilman Schneider stated he didn't object to a good eonsultant, but when there are errors, it costs everyone additional mot�ey and then to campe nsate TRDA for errors is not right. Mayor Nee stated he felt these additional costs should be paid, but a representative of TKDA should diseuss these issues with the Couneil. MOTION by Councilman Goodspeed to approve the amendment to the agreement with TImA to the Supplemental Contract for Construction Administration Services for repair of the 1.5 MG Reservoir, Project �161, for a total amount of $3,750.49. Seconded by Couneilman Fitz patriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17 . RESOLUTION N0 62-1987 APPROV ING A LOT SPLIT, L.S .#87-07, TO SPLIT OFF THE NORTHE RLY 213 FEET OF LOT 3. AUDITOR' S S UBDN IS ON N0. 88 , BY MARGARE T BRICRNER• Mr. Robertson, Community Development Director, stated the City received the land survey on this lot split and petitior�r has agreed to the stipulations that the southerly portion of the split parcel is to be added to Sandee's Restaurant parcel concurrently with recording of subdivison and a park fee of $1,905 is to be paid prior to recording the lot split. MOTION by Couneilman Schneider to adopt Resolution No. 62-1987 with the stipulations attached as Exhibit A. Seconded by Councilman Fitz patriek. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. Mayor Nee stated since Petitiona No. 4-1987, 5-1987, 6-1987 and 7-1987 (Ttem 23 on the agenda) are directly related to the next two resolutions on Water and Sanitary Sewer Project No. 169, he requested this item be considered at this time. 23. RECEIVING PETITION NO 4-1987 FROM ROSEWOOD CORPORATION REQUESTING_ THE IIZSTALLATION OF STORM SEWER TO SERVE TF� PROPERTY: AND RECENING PETITION NO 5-1987 FROM FMC CORPORATION REQIJESTING A 20-INCH WATERMAIN ALONG THE SIDE OF 51ST WAY AND NORTH PARKING LOT ENTRANCE IMPROV EMENTS : AND RECENING PETITION NO 6-1 87 FROM LONGVIEW FIBRE COMPANY REQUESTING_A 20-INCH WATERMAIN IISSTALLED ON TI� EAST SIDE OF BUILDII�GG: -12- COUNCIL MEETING OF ADG�ST 2�, 1987 AND RECE N ING PETITION NO Z 1987 FROM LAMAUR INC REQUESTING THE INS TALLATION OF A 24-INCH WATERMAIN ALOI�G THE EAST BORDER OF THEIR PROPERTY: MOTION by Couneilman Fity patriek to receive Petitions No. �4-1987, 5-1987, 6- 1987 and 7-1987. Seconded bq Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO 63-1987 ORDERING PRELIMINARY PLANS, S F.�TTMATF,S OF THE CQSTS Ti�REOF: WATER � SANIT_ARY SEWER P Mr. Flora, Public Works Direetor, stated Kith development of the Burlington Northern Industrial area, staff has been preparing plans to provide a larger and additional water souree to the area. He stated With the expansions of Longview Fibre and LaMaur, they have identified a requirement for additional water services. He stated staff has worked with these companies and oDtained petitions for installation of a 20-ineh waterline fr� I-694 south to Well Number 13 and a 2�-ineh waterline from I-69� north to 57th Street extension. He stated staff was advised by Midwest Printing that they woul d also be submitiing a petition for thes� improvements. Mr. Flora stated a storm water improvement is also included in this project to correct an erosion problem on Oak Glenn Creek and a petition for storm Water improvements was received from Rosewood Corporation for development of property on Osborne and Main S treet. Mr. Flora stated staff has been working with the Navy Department to obtain necessary easements to construet the waterline along the northern boundary of their property and it is anticipated the easements will be provided within the next month. He stated in order to advertise and aWard the contract this fall, this resolution and a resolution receiving the preliminary report and waiving the public hearing are before t2ze Council for consideration. Mr. Flora stated the remaining two resolutions (receiving final plans and authorizing advertisement) will be submitted upon receipt of the Navy easement. MOTION by Councilman Fitzpatrick to adopt Resolution No. 63-�987. Seconded by Couneilman Schneider. Upon a voiee vote, all voting aye, Mayor Nee deelared the motion earried unanimously. 19. RESOLUTION NO 64 1987 RECEIV ING THE PRELIMINARY REPORT AND WAIV ING THE �r,nT rr v�euTUr� nu �ruF trteT�R nF THF. CnN1STRIICTION OF CERTAIN IMPROVEMENTS, MOTION by Councilman Fitzpatrick to adopt Resolution No. 6�-1987. Seconded by Couneilman Goodspeed. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20 . RESOLUTSON NO 65 1987 APPRW ING ADJilSTMENTS OF THE 1987 BUDGET OF THE NORTH METRO CONYENTION AND TOURISM BUREAU: Mr. Hunt, Assistant to the Citq Manager, stated the City's agreement with the North Metro Convention and Tourism Bureau requires that any budget -t3- COtTNCIL N�ETING OF AUGiST 2�F, 1987 change of more than 10$ requires City Couneil approval of all partieipating cities. He stated the budget was revised in July and since there are a number of items changed by more than 10$, the Council' s approval is requested by adoption of this resolution. MOTION by Couneilman Sehneider to adopt Resolution No. 65-1987 • Seeonded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION NO 66-1987 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1987 SE RV ICE CONNE CTIONS : MOTION by Councilman Schneider to adopt Resolution No. 66-1987 • Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RESOLUTION N0. 6-1 8 DIRECTING THE PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE 1987 SER�IICE CONNECTIONS: MOTION by Couneilman Schneider to adopt Resolution No. 67-1987 and set the public hearing for September 14, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 23. RECENII3G PETITIONS NO u-1987, 5-1987, 6-1987 APID 7-1987: This item was considered by Council earlier in the agenda before Item 18. 2�4 . CLAII�S : MOTION by Councilman Fitzpatriek to authorize payment of Claims No. 158u7 through 16184. Seconded by Couneilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. LICENSES: MOTION by Couneilman Goodspeed to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor t3ee declared the motion carried unanimously. 26. ESTIMATES• MOTION by Councilman Goodspeed to approve the estimates as submitted: Smith, Juster, Feikema, Malmon & Haskvitz 6401 IIniversity Avenu,e N.E. Suite 301 Fridley, I�A1 55432 For Services Rendered as City Prosecutor for the Month of July, 1987 . . . . . . . . . . . . . $ 8,106 .69 _� 1{_ COUNCIL MEETIIVG OF AUGtST 2�, 1987 Western Waterproofing 2838 Stevens Ave., So. Minneapolis, NII�T 55�08 Repair of i.5 1+� Reservoir Project #161 1� g.00 FINAI. ES TIMATF . . . . . . . . . . . . . . . . • • • • � 9. 3 Enebak Construction � P.O. Box �58 Northfield, NAi 55057 Demolition � Site Grading Projeet �163 . �90,91�1.21 Partial Estimate �6 . . . . . . . . . . . . . . . . Halvorson Construction 4227 - 165th Ave., N.E. Anoka, I�IId 5530� Miscellaneous Concrete Curb, Gutter & Sidewalk Praject Partial Estimate #5 . . . . • • . . . . • • • $ 1,598.85 Eugene A. Hickok & Associates 5 45 Indi an Mound Wayzata, Mn 55391 Moore Lake Project Phase II ... � 6�2� �.63 Partial Estimate . . . . . . . . . . . . . . . Northwe st Asph al t 1451 Co��y Road �`89 Shakopee, 1�A1 55375 Street Improvement Project No. ST. 1987 - 1 Partial Estimate No. 4 . . . . . . . . . . . . . . . . $10,109 .71 Subterranean Engineering Corp. 6875 HiBhway 65, N.E. Minneapolis, t�1 55432 Demolition & Site Grading Project �163 . $ 21}!}.50 Parti al Estimate . . . . . . . . . . . . . . . . . . Sunde Engineering 9001 E. Bloomington Freeway Bloa�ington, 1�1 5542� Demolition & Site Grading Project #163 . $ 5,51�1.75 Partial Estimate . . . . . . . . . . . . . . . . . . Seconded by Couneilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 27. RECENING AN ENVIRONI�NTAL ASSESSI�NT WORKSHEET FROM CENTRAL ROOFING, 4500 MAIN STREET N.E.: Mr. Robertson, Community Development Direetor, stated this spring the City received an application for a special use permit for outdoor storage Prom -15- COiJNCIL I�ETING OF AIIGi15T 2�: 1987 Central Roofing. He stated because of the questions raised regarding possible odor emissions Prom this tqpe of business, two major imrestigations were undertaken. He stated one irrvestigation imiolved the design of a field odor test by T�rin City Testing conducted on April 27 and 28 and the other investigation Was to require the respeetive purehasers of the property to prepare an Enviro�ental Assessment Worksheet(EAW) to explore not only the question of odor, but the possibility of ground water and soil eontamination. He stated the Environmental Assessment Worksheet was completed and distributed. Mr. Robertson stated in the meantime, Mr. Sigorelli arranged for a repeat of the odor test with members of the City Couneil, staff and residents directly across the street from the proposed site to partieipate as an odor testing par�el. He stated from the summary received, the results of the odor test were essentially the same as those by 1�rin City Testing. He stated when a truck 1 oaded with hot mix drives by, you can smell an asphal t odor f or f ive to ten seconds, about the same intensity of smell from a diesel truek or bus. Mr. Robertson stated the Couneil must make a determination if they wish to continue the environmental review process or simply have the petitioner continue with the special use permit process. Councilman Fit,zpatrick stated from the latest report, the EAW should be received and the environmental review process should not be continued. MOTION by Couneilman Fit�zpatrick to receive the Environmental Assessment Worksheet from Central Roofing and direct staff to submit the special use permit application to the Planning Commission. Seconded by Councilwoman Jorgenson. Upon a voic:e vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 28. CONSIDERATION OF CHANGE ORDER N0. 2 FOR COMMONS PARK FILTRATION PLANT PROJECT #16�4: Mr. Kurt Johnson, representing TKDA, stated this change order is necessary to furnish and install reinforcing steel in the existing treatment plant wall underpinning at an additional cost of $7,831 and to substitute electrical �ire size at a reduced eost of $1,700. He stated although there is a reduetion of $1,700 in regard to the eleetrical wire, it would be neeessary to install the primary to the transformer by IsSP at a cost of $500 since 100 feet are involved at $5.00 per foot. He stated, therefore, the net savings is about $1,200. Mr. Johnson stated in regard to installation of reinforeing steel in the Wall underpinning, on TKDA's drawings there is no mention of reinforcing steel. He stated there was no way the contraetor could have anticipated this item when he Was bidding the project as it Was ignored in the design - process. He stated onee TKDA realized this was not included, it was reviewed and negotiations were held With the contractor on the cost for this Work. Mr. Johnson stated TRDA is bearing $899 af the costs in regard to the amount of Work lost as a result of TRDA's stop order and as it directly �SL� COt1NCIL MEETING OF AUGt�ST 24. 1987 relates to the amission of the information on the plans. �is amount Would be dedueted from the TImA contract. Mr. Flora stated What was not shown on the plans Was several feet of concrete that had to be installed and reinforced with steel. Mayor Nee questioned if the eontractor had received all the necessary information when t�he project was bid, if the cast would have been the same. I�. Johnson stated all costa are reasonable and these would have oecurred in the original bid. MOTION by Couneilman Schneider to approve C�ange Order No. 2, Commons Park Filtration Plant, Projeet �16�F, in the amount of �6, 131 with Shank Mechanical, Ine. for a revised contract amount of $1,�06,131. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT - MOTION by Couneilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Couneil of August 2�, 1987 adjourr�d at 10:00 p.m. Respeetfully submitted, Carole Haddad William J. Nee Seeretary to the City Couneil Mayor Approved: -17- corficial r�licatian) R�I.IC �RII� RH�RB '� FRIII.EY QTY � 1D WEK;M IT MAY CON(i�tN: P;ctioe is hereby given that there will be a Public Hearing before the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday. September 14, 1987 in the Council (�nbers at 7:30 p.m. for the purpose of: Conducting the Budget Hearing for the 1988 Btxiget. The City of Fridley would like to extend invitatio�ns to all citize�s and pacticulary senior citizens to particiFete in this p�lic hearing on the 1988 Budget and to make written or oral oonoments. Ar.yone ciesiring to be heard with referenoe to t�►e abave matter will be heard at t2�is meeting. Detailea information may be obtair►ed at the City Manager's office, 6431 Universfty Avenue Northeast. Fridley, NII�1 55432. GH�ItAL P(7bD ffi'F�lA1F� RSV@I1S Taxes and Special Assesstnents: Current Aa Valoren Delinquent, Penalties, Forfeited Special Assessments Lioenses and Permits: Lioenses Permits Interaoverronental: Federal State - Hanestead Creait (Current Ad Valoren) Local Gwerrv[ient Aid All Other Charges for Servives Fi�s and Forfeits Interest on Investments Miscellaneous Revenues Other Firancing Souroes: MuniciFal State Aid FUnd Liqoor FZuid �'l�T. ItEVFrII�S ADID O�1HFR FII�II�JC�G 30QliC� FUnd Balanoe: Desic,mated for Replaoernent of Fixed Assets General EUnd Surglis ��I, P[)!D B�AI.T�XI: u � ao- io-• . • � � SPBQAi+ It�\7f1�UE I�LTI� State Aid Flmd (�b1e ZV Ptnci Grartt Manage�t Ftad �'�L SPHQP►L RBVFi�UE Pilt� v,_•�v .;� �w •��,�. Cap�ital ImQcov�er� P1=d Property Tax - CUrrent A6 Valorem Interest ��i. Q►P174�L PA(a7HQ P[lt� , a>.!�' i��. � Siz Cities Watershed F�na Ad Valorem �'�L 2�C',HiCY PUlD �'�fL AiZ P01�.16 I�,SII+i M. QURFSHI, City Manager $ 2,742►696 81,500 5,983 147,510 173,590 5,000 54b,187 1,900,802 298,386 147,875 245,264 379,698 81,000 147,000 50,000 S 6,952,491 150,000 491,587 S 6i11.587 $ 7,594,078 458,824 62.144 118,937 $ 639,905 84,919 125,000 $ Z09�919 9,457 $ 9,457 S 8.453r359 Legislative: City Council Planning Catunissions Other Ca�missions City Managanent: G�eral Manaoement Persornel Leg3t Finanoe: Elections A000unting Assessin9 Civic Center Pblioe: Polioe Civil Defense Ani�l Control Fire: Pub.lic Works: Technical Engineering Traffic Engineering Street Lighting Public Works Maintenance Recreation: Naturalist Recreation Casmi�ity Developnent: Code Enforcement Planning Reserve: $ 179,647 415,953 652,523 2,376,332 539,597 2,073,629 644,583 367,311 344,503 S 7,594.078 458,824 62,144 118,937 $ 639,905 84,919 125,000 $ 209,919 9,457 $ 9r457 $ 8,453.359 1 M' 1 ' ' ' 11 ri : � �;Jc ��_U,�4 „ �� I�Y; �'� � I�►iZCE OF HFARII� ON ASSESS�lEHT FiOR WATER AND SIIeIER MAINS, I.A�AiS� AI�ID SFRVICE 4�� lvotice is h�reby given that the Council of the City of Fridley will meet at the City Hall in said City on the 14th day of Septanber, 1987, at 7:30 o'clock p.m., to hear and pass upon all objections, if any, to the proposed assessments in respect to the follawing improvenents, to-wit: �• �s• • '11 'i� �' • 1 ti • �.•' • • 11 'i;r` •: 1• ID�1 [1 ' • :I:r' ' l� '• ' ' 1 '� I �•I-•1 11 1 The proposed assessment roll for each of said improveqnents in the total amount of $109,248.95 is naw on file and open to public inspection by all persons interested, in the offioe of the Qerk of said City. The general nature of the improvsnents and each of them is the construction and furnishing of sewer mains, laterals, and service connections, and water mains, laterals, and servive oonnections in and to the properties, as follaws: Part of Lots 7 and 9 Part of Lot I3 Lot 10 W. 90' ot Lot 28 E. 225.64' of Lot 28 Lot l, Block 1 Auditor's Subdivision No. 23 Auditor's Subdivision No. 23 Auditor's Subdivision No. 77 Auditor's Subdivision No. 77 Auditor's Subdivision No. 77 Proposed North Park Estates W. of E. 90' of Lots 80-83, Block A Riverview Heights Lot 9, Block l, 1689 Stinson Blvd. Amber Oaks Addition (New Brighton) Lot 10, Block l, 1699 Stinson Blvd. An�r oaks Addition (New Brighton) Lot 60, 7545 Pleasant View Drive Spring Lake Park Knolls (Moundsview) The area proposed to be assessed for said improvanents and each of them is all that land benefited by said improvanents or each of th�n and lyi.ng within the general area above. Said improvenents will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained acvording to the benef its reoeived. At said hearing the Council will oonsider written or oral objections to the proposed assessments for each of said improvenents. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is f iled with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. A property avr�er may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after acioption of the assessment and filing such notice with the district oourt within ten (10) days after servioe upon the b�ayor or City Clerk. Page 2- Notioe of Hearing on Assessment for Water and S�aer Mains, Laterals, and Service Connections The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to_the deferral of special assessments for certain senior citiz�ens where the payment of said special assessments constitutes a hardship. The follawing factors will gavern the granting of the def erments : the property must be hamestead property, and the owner must be at least sixty-Eive (65) years of age or older, and in the case of husband and wife, one member must meet this age requirenent. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The aaner will make application for deferred payments on forms prescribed by the Anoka County Auditor, ana will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determir�ed by the most recent Federal Income Tax Return. The deferral will be terminated and all �nounts accumulated plus applicable interest shall bevome due when any of the follaaing happen: the death of the aaner, provicled that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS 24ZH DAY OF AUGUST, 1987, BY ORDER OF THE CITY C1�tJNCIL OF THE CITY OF FRII�,EY WILLIAM J. NEE - MAYOR ATI'EST : SHIRLEY A. HAAPALA - CITY CLERR Publish: August 31 and Sept�snber 7, 1987 2A � Notice is hereby giver that Coi.mcil of the City of Fridley Northeast on Monday, August 24, the purpose of : PCTBLIC HEARIl� BEF�DRE �IE QTY OOUNQL there will be a Public Hearing of the City in the Ci ty Hal l at 6 431 Univ er si ty Av enue 1987 in the Co�cil Chanber at 7: 30 p. m. for Consideration of a Vacation, SAV �87-08, by Rapid Oil Change, to vacate the 66 foot street ric�t of way (73 L2 Avenue) lying north of Lot 1 and the westerly 27 feet o� Lot 2, Block 2, Central View Manor. To allow for an unproved site plan for a proposed� Rapid Oil Station, generally located at 7315 Highway 65 N. E. Arry and all persons c3esiring to be heard shall be given an opportt,mity at the above stated time and place. Publish: August 10, 1987 August 17 , 1987 WII�LIAM J. I�E Ng1Y0R � CITY OF FRIDLEY �Ll�'1tJItd� COt��1ISSI01d t1EETING, AUGUST 5, 1987 ��;LL i:i .^�r C�R: 3A :'�,airoerson Billings callzd the August 5, 1987, Planning Commis on meeting to c;rder at 7:35 p.m. ROI.L C:41_L: �•�er�her� Preser* : Steve Bi 11 i ngs, Dave Kondri ck, Dean Saba, Sue Sherek, Donald Betzold �� Plenbers Absent : Richard Svanda Others Present: Jim Robinson, P nning Coordinator �ock Robert , Community Development Director B�11 & D a Madden, 2054 Desmond Cove, Germantown, Tn. 38138 APPR01iAL OF JULY 2�' 1987 PLA��tJIf�G COP1MISSIO�J t4I�JUTES: M.JTION BY !9 . K�JIJI)P.ICK, SECONDED BY MR. SABA, TO RPPROVE THE .7ULY 22, 1987, PLAtiNING U�4lfIS:iION MINUTES AS WRITTEN. l�P�fC A I�')ICP NnTc^,, ALL VOTING AYE, CNAIRPERSON BILLINGS DECLARED THE MOTION CAi?RIED Ui+AViMOUSLY. -- - - 1. T�BLED; COiJSIDERATIOPJ OF A VACATIO��, SAV �87-08, BY RAPID OIL CHAPJGE: �va�ate t e G foot street r�g t-of-way_ 3 2 venue y�ng nort of lcts 1 and 2, alock 2, Central View Manor. To allow for an improved site plan far a proposed Rapid Oil station, generally located at 7315 Highway 65 N.E. ti+nmrnr�r gv 1'R, SABA, SECONDED BY MS. SHEREK, TO REI�OVE THE ITEM FROM TNE TABLE. UPON A VOICE VOTE, ALL VOTZNG AYE, CXAIRPERSON BILLIN6S DECLARED THE MOTZON CAP.RIF. D U�VANIMOUSLY. Mr. Robinson stated this proposal by Rapid Oil was to utilize the property on which now stands a vacant service station on the northeast side of 73r•d Averue and Hiqhway 65. The proposal was to demolish the station and create a new four-bay oil changing operation. Along with this petition was a request for a special use permit which was recommended to Citv Council for approval at the Planning Comnission's last meeting. Nine variances were also recommended to City Council for approval by the Appeals Corr�nission. ThP svecial use permit and the variances went to Cit.y Council last Monday, and all the items were tabled; by the City Council ha�e�i upon the undecided status of the �acation petition which was {�rocessed along with the other petitions as a package. C`] �7 r,._;;�:��I'��_��'iiS;;I�: �;'EtiIt�G, AUGUST 5, 1987 P�1GE 2 Mr. Rob�nson sta±ed the portfon of the street that would be vacated was 73 1/2 Avenue, just north of the property. This particular cross-over did n�r r�ave-� sto�i�oht, it was in MnDOT's program and it was MnDOT's � irtent ta clese off tl�at intersection, along with modifications to the Fireside C�r�v� in�ersection. He showed a slide showing MnDOT's propesal, along with a letter frem �oe Katz, D�strict Traffic Engineer of MnDOT, dated Aug. 5, 1987, �r�hi ch stat�d i t�•�as f•1nD0T's intent to cl ose the cross-over ei ther thi s year �r eariy n�xt year and also to modify the Fireside Drive cross-over in such a f?shior, �� only allov� for northbound westerly left-hand turns. t1� .�:e,�in:c;r stai?d the vacation request was tabled at the last meeting because of some unkno�•�ns, and at this meeting theyhave a couple more ans�rers to those unknowns for the Commission. One was the MnDOT timetable he had referred to, and also an opinion from John Flora, Public IJorks Directur, tf�at tf�e 73 1/2 Avenue vacation enclosure could happen independently o� t�,e extension of Viron Road through the trailer court area and the area could s*il� functior, adequately in terms of traffic flow. ;'r. Robins::�n sta�ed with those two things in mind, it was Staff's opinion tliat tiie project should be interrelated with the vacation and should go forwar,: ;:; tn that approval. t4r. Robinson stated stipulations were discussed at the last meeting and ti•rere �s F��11 n;1s : 1. Feti�icner a�rees to submit a letter (to City) petitioning for street excavation for the portion of 73 1�2 Avenue, lying north of the pronosed site ar.d agreeing to assessment for all costs associated with sai�i exca��at��n prior to publication of vacation ordinance. 2. Upan excavation of vacated 73 1/2 Avenue, petitioner will install dri;e�„ay ex;ting onto service road to east and landscape with irri- yat i o�� as si�ov�n on Ci ty pl an dated July 22, 1987. 3. Perfcrmance bond referenced as stipulation #13 for special use permit, S? �87-14, to cover improvements referenced in item #2 above. 4. A drairage and utility easement should be maintained over the entire portion of the vacated street. l�r. Robinson pointed out that 5,280 sq. ft. of land which would be vacated would go to the Rapid Oil facility. This was a substantial amount of land and would brir.g the let area from .54 acres to .66 acres. It would also eliminate a variance for building setback from 73 1/2 Avenue from 21 to 35 ft., a driveway setback variance from 19 ft. to 53 ft. for the northerly driveway, and would make the lot more conforming in terms of lot area--approximately 50;� closer to the .75 acres required by Code. Mr. Bil? ��ladden stated he was the Director of Real Estate for Rapid Oil. He stated that following the City Council meeting on �1onday, they went to the site and made some preliminary evaluations o�f the area to be vacated and the a�ork� needeC to he done. They are fwping to see the vacation process 3C �L�:,+�+I�;G c„�t1� �ISSION (�EETii�G, AUGUST 5, 1987 PAGE 3 proceed so they can sit down with City Staff and go over the details of the project. At this time, they harte talked �+ith City Staff and have historically a�ree�! t;� �articipate in the inprovements of the vacated area. Of course, they have some concerns. In the vacated area, the newly owned property, there are th ree manholes that are signficantly below the existing grades of the�vacant service station now. There are one or two water cut-off valves that showed in 73 1/2 Avenue that are considerably below the statian grade as ��e11. The pump hcuse to the north of 73 1/2 Avenue was considerably bela,r grade at the corner location. So, there were some major concerns about t��e cos* of improving the vacated area of 73 1/2 Rvenue. Nowever, they have said ti�ey will go alorg �vith the vacation as it will benefit Rapid Oil with the additional l�t expansion area, and they are willing to handle the imp►•ovements of that area. Mr. Billings stated the vacation and special use permit and all the costs incurred with the whole project were things the petitioner would have to determine as to whether it was economicaliy feasible for them to proceed with tiie project. He did not think these were concerns the Planning Commission had to address in their approval or denial of the vacation request. He would encourage the petitioner to get to�ether with City Staff and address the probler;; the petitioner had regarding the difference in grade and the costs involved. MOTIC�1 BY �VR. KO`1DRICK, SECO.NDED BY MR. BETZOLD, TO RECOMMEND TO CITY COUNCIL F,P: ROL'.= L OF :'ACr7TION� SA�' I187-08� BY RAPID OIL CHANGE� TO VACATE THE 66 FOOT SZ'REET RIGrfT OF WAY (73 1/2 AVENUE) LYING NORTH OF LOTS 1 AND 2� BLOCK 2� CENTRAL VIEW l�lANOR, T10 ALLOW FOR AN IMPROVED SIT$ PLAN FOR A PROPOSED RAPID OIL STATION, GENERALLY IACATED AT 73I5 HIGHWAY 65 N.E., WITH THE FOLLOWING STIPUL?;T_inNS; ?. PE^I: IO�:ER AGP,EES TO SUBMIT A LETTER (TO CITY) PETITIONING FOR STREET EXCAVATION FOR THE PORTION OF 73 1/2 AVENUE, LYING NCRTH OF TIiE PROPOSED SITE AND AGREEING T"U ASSESSMENT FOR ALL CU�TS A�SOCIATED WITH SAID EXCAVATION PRIOR T�0 PUBLICATION OF VACATION ORDINANCE. 2. UPON EXCAVATIO.V OF VACATED 73 I/2 AVENUE, PETITIONER WILL INSTALL DRIVE'.OAY EXITING ONTO SERVICE ROAD TO EAST AND LANDSCAPE WITH IRRIGATION .�,5 SHOWN ON CITY PLAN DATED JULY 22, 1987. 3. PERFI�RI�IANCE BOND REFERENCED AS STIPULATION 1113 FOR SPECIAL USE PERMTT, SP #87-14� TO COVER IMPROVEMENTS AS REFERENCED IN ITEM �i2 ABOVE. 4. A DRAINAGE AND UTILITY EASEMENT SHOULD BE MAINTAINED OVER TXE ENTIRE PORTION OF THE VACATED S2REET. Mr. Kondrick stated he was recommending approval based on the letter received from Mr. Katz announcing Mn00T's plans to vacate 73 1/2 Avenue anyway. t�1r. Betzold stated he would like to discuss some of the points brought up at the last meet�ng when I�Ir. Grossman and Mr. Schrader were present. They were making the objection to proceeding with the vacation, not knoa�ing ha� it would affect their property. He stated he wished the Planning Commission had voted on the vacation at that time, as he did not accept � Cl•� �, :.,.;," ^'',.`.,.�`'T�.; .'rETIt�G, AUGUST 5, 1987 PAGE 4 tY�e arguments raised by Mr. Schrader and Mr. Grossman. He thought anything th �t �;r.,s b�ai 3 t cn Mr. Schrader's property was certai �ly visi bl e from u;�h•r�� F5, ,�� Lhe fact that people have to turn in and then take a quick �cii, co T:�e proaeriy was not going to drive away business. and the vacation was r.o` �01i1(] to affect the property at all. He continued to matintain that even tl�ough there was sor�e dispute at the last meeting, the special use �er��it v.as �inseparable from the vacation to the extent that without the vacat��n, they have a substandard lot. If, for whatever reason, the vacation does not go tfirough, he would not like to see anything on that substandard l��t ?�;d in� �rO,j°Ct should be shelved. If the lot was not a buildable lot, th,c:n :�oth i r� g � t�o �� d go on i t. He fel t the pl an presented by Rapi d Oi l was doab�e, t�ut ��e �;as not willing to work with any less space than the present lot plus the vacated property. That was why he was in favor of the vacation. Mr. Rober•tson stated Mr. Flora and he had spent some time working through a cou��e of alternative scenarios on the access question brought up by t�r. Gressman and �1r. Schrader: (1) The distance between the signal inter- sectio�� at 73rd and the frontage road, the loopback, was standard or greater than tl�e other iocpbacks in Fridley that are designed specifically to try to address the access problem when there is a frontage road off a cross stree*. P�r`.�.-�_�larly, there was the question of, "is there enough stacking space? and it �•;as greater or equal in this situation. So, their experience has si�ctil�� in oth�r places on Highway 65 and University Avenue that this was an adequate setback for that loopback to provide access to corunercial that �s not. on ti�� frontage road, This was the key question raised at the last n�et;ng by !��r. �cl�rader and t4r. Grossman. (2) �Jith the widening of Viron Road right beh�nd the proposed development, they will have an adequate number of lanes to facilitate the waiting and turning movements which will again al l o�v access to ::or�merci al on the frontage road whi ch was primari ly ; �,�. �russma►�' � concern. ��r. Robertson stated at this point, Staff was satisfied that the Planning Commissi�n'� ccncerns and questions raised at the last meeting were now answered. P1s. S'�erek stateci she still had sone problem with the idea that once you pass ti�e saot to get to the development, the only way to get to it was to go to Fireside and find your way around the outside loop by way of Old Central. Si�e had a problem with the lack of extension of the frontage road there to make it accessible once you pass the exit. She knew what tir. Grossman was talk;ng about in terms of traffic access studies that national restaurant " cl�ains do. This site at present without the frontage road coming from Fireside back would be rejected by most national restaurant chains. Until it becomes critical to get that frontage road ti�rough there and start pressuring the oti�m er of the mobile home park, the question a�ould not be answered. �7aybe the answer will be that 11r. Schrader will have to apply some pressur�e if he wants to make his property marketable. 3E PL;�(l�;I;aG COl��1ISSIOf� 11EETI��G, AUGUST 5, 1987 PAGE 5 t�r. Billings stated �ie felt t1nDOT's report was indicative of the fact that tl�e access to Ni g}�way 65 at 73 ]/2 Avenue ��as goi ng to be closed off, ei ther ��,ter �hjs year or early next year. Since that was going to be closed off, he felt it only made sense that the City then vacate that portion of 73 1/2 Avenue fn order to create a buildable site, and it was only good planning se��se to make that space available to enhance a piece of property that presently is grossly undersized. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED liNANIt'OUSLY. 2. COiJSID�R�;TIO(� OF RECODIFICATIO(� OF THE FRIDLEY CITY CQDE TO ALLOI'! C(1MPIERC L S �+u�TS„�t� t t1r. Robinson stated that at the last meeting, the Planning Co►nm�ss� reviewed a nur�er of other suburbs' positions dealing with commercial esta ishments in industrial zones. In particular, they tried to address offi /warehouse establishments. The City of Fridley is seeing a proliferatio of hundreds of thousands of square feat of space in existence and in th works. Mr. Robinson stated the Commission members had received rough draft of an ordinance which they I�ad requested at the iast r�eetin Basically, it was a synthesis of what they felt was the most appropriat and best of the other suburbs' positions dealing witt� this problem. Ne evie��ed this with the Corunission members. ��r. Kondrick referred to 3.g, which stated: "The proposed use, in the opinion of tEie Ci ty Counci 1, vlou] d be compati ble th the area i n whi ch i t i s proposed to be located and would not create a pu ic nuisance." �4r. Kondrick asked what r�as the de nition of "public nuisance" and who was going to judge what was a public isance? f1r. Robinson stated it would the City's responsibility to define a public nuisance. tJith any special se permit, the burden was on the City to do that. Mr. Billings stated his irst thought when reading 3.g, was that it was an invitation for the Ci � Council to act in an indiscriminate manner. Mr. Saba referred o 3.f, which stated: "The proposed use shall only be permitted when ' can be demonstrated that their operation will not signi- ficantly lowe the existing level of service as defined by the Institute of Engineers o streets at intersections." P1r. Sab wondered what was meant by "significantly lower". How specific can t y or do they want to be? M. Robinson stated "significant" would have to be defined. � co� O Z � Q _� � _ Y Z � �� F-- � W Q F— �' � � � o � �s° � o , � ,�:,�,: ; �' _ � ------- ,. . - . . � ' ' °.rza) — � � 23 �_ ,r s.�.. 3F � j L'�ter A �•vo�f (s�o> � zc t.a�. � I f . _ -- +-^ � �/��i ,�. � � ��' �4L ,�,, . f, �,,� .... iN/ . (y) � �,�) �� (�? � i - �2� � � - -. . � � � - . - " LOCATIO�V,. MAP . . _. .. __±._.- __ .. _ �_' _ _ __ __.._��z.i_._� -- -' -- / �AN O/�C a RAP/D O/L CHaNGE September 4, 1�387 Mr. John G. Flora Public Works Director City of Fridley 6431 [3niversity Av�nue Northeast Fridley, MN 55432 Dear John: 3G _ This letter is to inform the City of Fridley that Rapid 4il Change, a Division of Ashland �il, Inc. has a contract on the property located at 7315 Hwy 65 N.E., Fridley, MN (see legal description attached). As contract holder on the above property, RaPid Oil Change hereby requests that the City of Fridley make the following imProvements to sairl propertY: 1. Widen Viron Rd. by 7" to the west, from 73rd Avenue N.E. to the north side of 73-1/2 Avenue N.E., installin� new curb and gutter along the west side of Viron Rd. 2. Vacate 73 1/2 Avenue N.E. from Hwy 65 to Viron Rd. and deed the property to Rapid OiI Change, a Division of Ashland Oil, Inc. 3. Remove all bituminous pavement and curb and gutter from that section of 73-1/2 Avenue N.E. lying between Hwy 65 and Viron Road. 4. Rough grade that section of propertY where the pavement has been removed to meet adjacent highway right of way ditch grades and site grades as established on site plan to be furnished by Rapid Oil Change. 5. Adjust the elevations of all utilities in the vacated section of street where n�cessary to match the proposed grades as furnished by RaPid Gil Change. 6. Install new curb and gutter along Viron Rd. as req.uired in that section of 73-1/2 N. E. newly vacated. 7. Make necessary shoulder and ditch modification� as required by MnDUP. 8. Secure all necessary and required construction easements and permits required by MnDOT and any other City, County or State agencies having jurisdiction. CORPORATE OFFICE • 3041 4th AVENUE SOUTH • MINNEAPOLIS, MN 55408 •(612) 827-2541 DIVISION OF VALVOLINE OIL COMPANY • DIVISION OF ASHLAND OIL, INC. September 4, 1987 Page 2 - 0 In return for the above improvements, Rapid Oil Change, a Division of Ashlanc3 Oil, Inc. agrees to allow the City of Fridley to assess against the proPertY that amount of moni�s nec:essary to PaY for the improvements. It is our understanding that the City of Fridley est�mates this cost to be $1Q,300.00 Rd�id Oil Change, a DiassessmentAforatheoabovenimprovementslves its right to a public hearu�g on th Resp�tfully, RAPID OIL G'HANGE ''�� __._ Mark J. ilbertson Project Manager MJG/la cc: Jim Robinson 3H � , � � -- — 1 �� . . . . . . . . . . . . • . ( W . . . . . . . . . . . . • . . . . . . . • . . . . . • . . . . . •��• • ��• •♦�� • '• • •��• • • �i C.�L rr� �W • • • • � • �� • • • • • • • � � �d u.fi.r . ' . . . .7�y_L_ aVGNUE N.�• o r . 's`�:"'.�il . . . . . . . . . . . MN� 5 • •�,�•� • �f•ur�''��i . � :... .... .. .. ..... ... ...,. , .•.-.•.•: .� • • .�. .. . . .•.. �, ` -: Pr \� � •$I � iPi i� �i .v i-~-� � � • . �/N• \ � / �' WE�� -� / 1/ ��~ I l.I I � � � T�`�' Ir G�' �L.� T. ' � � � �I l� G+L � i � � ' c�-i�N(�� . � � �� .�. �o �� '��T � �— I Fi. o� l�b•5� I I: ;�A �D� � � - �. � � ► � – !" �. w r�jU�' 5 • � MN Lo_`j��' I Z �I �� Trl I,�'� �� r � � � wc�r ' � � i�l i� � '� �1 .�' D� � �; I I p �} \ � �� —�• ��I� y I � � �9 1 . �' i � ; ? 1 �� : � � ---- - 1_ I � � �_-� o ► I' _" ` li a a y ! ; I 4 _�,�� --- -- ��) -+ � +I �: 3 �p I �-- - � �( N �-' `a �n r ' � �j i3. I � 3 ( � ( � / G � b '� V ' � ' I o �I , � � 1 New ��, �*� � � i o a i , �x�T �v `.�I � � ` I5 ,:M� �_�J ;0� _ 0 �� .I � ;�v. �.q�t --' ;i; �� — — _ � �, ' -� -81� ` � °i2' 4 �" -� - . -� —�. ac�s i .�r'� a►j �'f _ -- �� ,�-r�ra.-�v � G 73"'' �v��U � N. �. -b Mrl. . ��c � 6T. ,.:P�Ic � N � �� #$�-o$ 31 1 'i3 � AvE. N E. 0 -� 7-0' �.�I-t�r� T'Q r� Ti�•�G��i �'f Un E��T � Y� . p-� � . ,. ' ,�. i. �L' 1 1 I■ :► C ST I Ft,LAT I OIVS 3� 1. PETI TI qyER AGREES 70 SUBMIT A LETTER (TO C! TY) PETI T! ON! NG FOR STREET EXCAVAT I ON FOR 1HE PORT I ON OF 73 1/2 P�l ENI�, LY I NG NORTH CF THE PROPOSED SITE AND AGREEING TO ASSESSMENT FOR ALL COSTS ASSOCIATED WITH SAID EXCAVATlqV PRIGR TO PUBLIG4TION OF VACATlON ORDINANCE. 2. UPON EXCAVATIG�IV OF VACATED 73 1/2 AVENUE PETITIONER WILL INST,4l1. DRIVF]�JAY EXITING ONTO SERVICE RQAD TO EAST AND LANDSCAPE WITH IRRIGATION AS SHOWN ON C I TY PLAN DiATED �11.Y ?2. 1987 . 3. PERFORMANCE BOND REFFRENCED AS ST I PULAT I ON #13 FOR SP #87-14 TO COVER iMPROVEMEiYfS REFERENCED IN i7EM #Z ABOVE. 4. A DRAI NACf AND UT IL I TY EASEMENT SHOULD BE MAI NTA I NED OVER THE ENT I RE P�T I ON OF VACATED STREET. ? Enqineerin9 �� - Sewer,:.',- ` wY��_ WitCf�::•-'. �¢. `a-o;' Parks •- =p 3 ` Stieets ;: ; ►^� V : Mai�te�in<e U �.._ W J ,O a _ MEMORANDUM . - TO: Jim Robinson, Plar►ning Coordinator , Av87-254 FROM: John G. F1ora,rPublic Y7orks Director DATE: 3�1Y 29� 198� SUBJECT: Extension of Viron Road gEF�kF2;CE: Na;.o r�87-160, A3ted July 24, Si�bject as Above Tt-,e City and reF.resentatives frc� r1nD0'r District 5 have met with the owners ana oterators oi the trailer courts on either side of Highkay 65 in the vicir�ity of 73 1/2 Ave. a nurr�t,er of tin�es last year recar�ing the closure or r:�caif ication of the mEC;ian on Highway 65. The City's F.osition has been tY►at. ti,c rr�c-tiian oould be clased if an alternate entrance ana exit is provic3ed to t2-�E 4�GSter1}• trailer oourt off of 73rd Ave. ana that Viron Ro�d wUs extenued tl�rough tY�E c-�asterly trailer oourt. Up�,n vor,pletion of these acti�ns, the meuian at Fireside Drive oould be closed. It has been suggestea tt�at the hiShway 65 r�aian t.e revised to provioe for a northbound left turn rr,over..ent onl}• until such time as Viron Roaa is extenaed. E'�nDOT again adaresse6 this ir�tersecticn tY�.is year but no specif ic p1Gr► or timetahle has been subn,itted to thE City. Zt is unc�rstood by both the City anci r1nDOT tY�at the 73 1/2 Ave. reaian coul� be closeo at any time ana prot�bly should be c1asec naw due to the c3ase �:roxin.ity to ?3rd Ave. The City has been interesteci for a period of ti�rle to cor��lete the oonstruction of Viron Roa6 between 73rd ana Osborne. Last year, the loop tx�ck arour,G the Chiropractic Clinic was oor:pleteci ana the only r��aining work to be done is the extension of Viron Road along the f ront of the Easterly trailer court. An attea:pt was made in the last two years to ebtain an easer�.ent or right-of-way but the aaners of the trailer oourt refuse6 to enter ir,to ar,y �uch a5rees:�ent. It is un6erstood tr�at if the southerly rrpst trailer acjaoent to 6ic,iri:ay 65 is ever ra.�oved, the a�r,ers would consider an easer;ent for the Viron Roaa extension. Acain, no tin.etable or costs for this have been estahlished. Viron Raaci has been estai�lisheo at 3G feet but with the future oevelogn�nt of this area, the City should widen that portion between 73rd Ave. ana 73 1/2 Ave. to 38 feet with ooncrete curb ano gutter. This oould be accorr�.lishea far aFpror.ur�ately 510,000. 3K !� �s cmro� �wa�r , . �-- T`�. �:e Trio - R';87-2J4 :_� �::� cic�ure cf tt�� redian on iiighway 65 at 73 1/2 Ave. with the widening of Viron Rc�ci at tr.at lccation should not affect the area traffic as a6eguate �cce:,�s h�o•uld �e r��:de to 73rd Ave., Highway 65 and Old Central for mover;ent in any c:irecticn. ' It is recct�:enced that if the vacation of 73 1/2 Ave. at the proposed �e��? ojr�er�t site is consiaerect, tiien Viron Roaa must be f irst widened between 73 1/2 Ave. anci 73rd Ave. and then the Highway 65 median closed to suFport the �ro�csed dEVe.lopnent of this property. This property would be adecivately servicE:d with raad anc] utilities regardless of the completion of the Viron kc�:a e:ter�ion. JGF/ts 3L ��"�� y0 � a ��,�r �� OF Tii�'� Minnesota Department of Transportation District 5 2055 i�'o. Lilac Drive Golden Valley, Minnesota 55422 � Augusc 5, 1987 John Flora, Public Works City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Re: C.S. 0207 (T.H. 65) Dear Mr. Flora: (6121593- 8544 Enclosed for your consideration are proposed modifications to the median on T.H. 65. These include closing the crossover at 73-1/2 Avenue and modifying [he crossover at the entrance to the trailer park to permit only nor[h to westbound left turns. The layout also shows a suggested new en[rance to the trailer park on 73rd Avenue which would be constructed by others. The work shown on T.H. 65 would be performed by Mn/DOT forces late [his year or early next. It would appear that the function of the two crossovers are not inter-related and that the proposed work could be carried ou[ on one or the other or both. We would appreciate comments from the city on the proposai. Please le[ us know aiso whether you prefer to contact the trailer park owner and other property owners in the area or whether Mn/DOT should do so. Sincerely, � , G� f-� T,;j J. S. Katz, .E. District Traffic Engineer Enclosure: JSK:pI Art Equa! Opportunfty Emp[oyer .p,ssc 3M � � W Y d m � � J��. , , i � � ^ 73 RD AVE. � 11'! fD . 1'� � � . v�l a�o �ZZ�j �W�� > �a�„-= o�o�� o�c � h `� � , � 4 � p0 ' ~I� d i �� G ot � 9 � � w� FIR�SIOE DF . � � , oC .� W ap ; = Q i3 %2 AVE . �i�A�PlI� LL � E b (I a°c � � t! 4�! � 0. W N a 3N PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Fridley City Council will meet on Monday, September 14, 1987 in the City Council Qiambera, at 6u31 University Avenue, Northeast, Fridley, Minnesota 55�32 to hold a public hearing on the proposal from Nortel Cable Associates for a renewal of its cable television franchise. The City Couneil will take comments upon the following: 1. Whether Nortel has substantially eomplied with material terms of the existing franchise. 2. Whether the qual ity of Nortel' s service has bee n reasonable in light of community needs. 3. Whether Nortel's proposal is reasonable to meet the future cable-related community needs and interests, taking into aecount the cost of ineeting such needs and interests. Copies of Nortel Cable Associates proposal for cable television franehise renewal are available for public inspection at City Hall. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and plaoe. WILLIAM J. NEE MAYOR Publish: August 24, 1987 August 31, 1987 � ?wauv E. Hta�sr Dw'vIEL D. TxcE GARY R. *'IATZ Tox Tocws REESE E• CHEZICK DIA\E �'I. $CA�fIDT � HERBST �c THUE, LTD. ATTOR�iEYS AT LAW 950 NOB?EiLA.�TD PLAZA 3800 WEST 80T3 SSBFET BLOO�iI\GT0:�1, MI:`NESOTA 58431 TELEPHO�tE (812) 893-6711 Mr. Mark Hammerstrom General Manager Nortel Cable 350 63rd Avenue N.E. Fridley, Minnesota 55432 TEZECOPIEH (812) 893 - (i991 August 14, 1987 RE: City of Fridley, Minnesota Our File No. 86-0102G Dear Mark: LECwt Asstsrw.�-r-CAT" Aa-�r M. M..r� Ews HAND DELIVERED As you know, the Fridley CATV Advisory Commission has reviewed the various "core" issues outstanding in the cable television franchise renewal process. The Commission is prepared to recommend a cable television franchise renewal to be granted to Nortel provided those "core" issues are agreed upon as set forth below. , I. ACCESS SUPPORT The Commission requires the support of Nortel for access as follows: Year One $150,000 Year Five $150,000 Year Ten $150,000 In addition, the Commission will release Nortel from alI local origination requirements. We understand, however, that the local origination equipment is extremely old and needs to be replaced with new equipment. The Commission will recommend that the City contract with a third-party for local programming activities. In return for being released from the local origination requirements, the Commission will require an annual commitment on the part of Nortel in the amount of Fifty Thousand Dollars ($50,000.00) plus an inflation factor. Please find attached a letter from the ACCW detailing their perception oi needs. 4A HERHST Sc THUE, LTD. Mr. Mark Hammerstorm August 14, 1987 Page 2 - II. INSTITUTIONAL NETWORK The Commission will require the following with respect to the discussion of an institutional network: l. The company immediately dedicate the four (4) upstream channels to the City for allocation to users by the City. 2. In year five the City will notify Nortel of those institutions within the City to be served by an institutional network. 3. The institutional network specifications (i.e. channel capacity) will be resolved during the course of this franchise renewal. 4. The construction of the institutional network will commence in year eight and be fully operational by year nine. III. CHANNEL CAPACITY Based upon the recent discussions, the Commission fully expects the system to be rebuilt to 450 MHz. IV. CUSTOMER SERVICE PRACTICES As you know, the City is extremely concerned about the present customer service practices of the company. The City has received numerous complaints from subscribers regarding the difficulty in contacting Nortel. In addition, it has been the experience of staff and the Commissioners that it is difficult to reach the customer service representatives. Accordingly, the Commission will require the following as a part of any franchise renewal: l. A specific telephone number, with two �2) lines, for Fridley subscribers only. 2. The Fridley specific telephone number shall be listed on all Fridley subscriber bills. 4B HERHST EY THL'E, LTD. Mr. Mark Hammerstorm August 14, 1987 Page 3 3. Nortel shall maintain complete and -accurate complaint log of complaints from Fridley subscribers. 4. Nortel shall maintain a log of telephone calls from Fridley subscribers showing the nature of the call and the disposition. Upon Nortel's agreement with the above conditions, the Commission is prepared to finalize the model cable television franchise ordinance and complete the franchise renewal process. Clyde Moravetz has requested a response from Nortel by August 18 in order for this scheduled agenda item to be discussed at the Commission meeting on Thursday, August 20. Very_ truly yours, ) �� Gary Matz GRM:dl cc: Clyde Moravetz Keith Cripps Ron Abrams 4C .�-=— � Ronald L Abrazns Attomey at I�w Fifth Floar, 701 Fourth Avenue South Minneapoli� Minnesota 55415 , � - . ±4D � i. � c� � ; ; �'. ,..: , 612/33&1979 or 612/546-5356 8 August 28, 1987 Gary R. Matz HERBST b THUE, LTD. Attorneys at Law 950 Northland Plaza 3800 West 80th Street Bloomington, MN 55431 Dear Gary: Reference is made to your letter to Mark Hammerstrom dated August 14, 1987. On May 12, 1987, Nortel Cable Associates, L.P. ("Nortel") submitted an application for renewal of the cable television franchise it holds in the City of Fridley pursuant to a Request for Proposal issued by the City of Frialey on March 16, 1987, as well as Section 626 of the Cable Communications Po2icy Act of 1984. Nortel strongly believes that the proposal submitted on May 12, 1987, meets all the reasonable future related cable communications needs of the City of Fridley, taking into account the costs oF meeting those needs. If Nortel is not granted renewal, Nortel will have no alternative but to initiate appropriate action in Federal District Court pursuant to Nortel's rights under the United States Constitution, the Minnesota Constitution, as well as applicable provisions oE state and federal statutory and common law. This letter is an attempt to settle the differences between Nortel and the �ity of Fridley. This oEfer is made pursuant to the Minnesota and Federal Rules of Evidence, Section 408 relating to compromise offers. Therefore, the contents of this letter are not admissible in evidence. Your letter of August 14, 1987, lists four points for discussion. Nortel's response is as follows: � Gary R. Matz Page 2 August 28, 1987 I. Access Support when Sto� er Communications, Inc. renewed the Fridley franchise �in 1982 on behalf of it's subsidiary, General Television of Minnesota, Inc., a commitment of approximately $50,000 for access equipment was made. Further, when the City of Fridley approved the change of control of Storer Communications, Inc. from a publicly-held company to a leveraged buy out led by the investment firm of Kohlberg, Kravis and Roberts, the minimum commitment for access equipment was for a$50,000 grant in years one, Pive and ten oE the renewal. Nortel proposed those grants in its proposal. Nortel strongly be2ieves that it could prove that the access support in its proposal was reasonable to meet future related community needs, given the costs of ineeting those needs. The costs of video equipment have greatly declined in the past five years. However, Nortel is willing to make the following offer to the City of Fridley. Nortel will commit to a$60,000 cash grant for the purchase of access equipment in year one oF the renewal. The $60,000 represents the $50,000 grant made five years ago, with an inflation factor oE the rise in consumer prices in the Minneapolis/St. Paul metropolitan area during the past five years. In years five and ten of the renewal, Nortel oFfers to make cash grants to the City for the purchase oi access equipment of $60,000, plus an inElation factor based upon the increase of the consumer price index in the Minneapolis/St. Paul metropolitan area from December 1987. As to local origination, in its proposal, Nortel oEfered to continue the current Iocal origination effort. That effort currently costs Nortel between $36,000 to $40,000 per year. In Nortel's proposa2, an oEfer was made by Nortel to discuss alternatives for "cashing out" Nortel's local origination eFfort. On June 29, 1987, the commission asked Nortel to propose alternatives. That was done in Nortel's response oE July 6, 1987, as well as my memorandum of July 23, 198?. The cost study prepared by Nortel shows that the local origination effort costs Nortel approximately $36,000 per year. The principals of Nortel and I deeply resent comments by members of the Commission as well as the Commission's staff that the numbers which were provided the commission were deliberately inaccurate. in an effort to resolve this item, Nortel is wi2ling to offer either one of two options. First, Nortel would provide an annual cash grant of $40,000 per year plus an inflation factor based upon the rise in the consumer price index in the Minneapolis/St. Paul metropolitan area from December 1987 to 4E ', 4F Gary R. Matz Page 3 August 28, 1987 either the City of Fridley or its designee for production of . local programming. Alternatively, Nortel would pay either the City of Fridley or its designee 81C per subscriber per month for loca2 programming, with that figure being indexed annually for the rise in the consumer price index in the Minneapolis/St. Paul metropolitan area from December of 1987 Eor the production of local programming. In return, Nortel wauZd be relieved of all Iocal origination obligations in the City of Fridley, including repair of equipment, except for provision of studio and office space at Nortel's Fridley headquarters to A.C.C.W. In the event that the City of Fridley does not wish to accept either of these alternatives, Nortel will continue its current local origination efforts. II. Institutional Network Nortel strongly believes that there is no need for a separate institutional network in the City of Fridley. The vast majority of institutional networks throughout the United States are unused. The vast majority of institutional netwocks in the Twin Cities metropolitan area are unused. The Fridley School District has not used the educational access channel in at least the last five years. Further, a member of the commission has even suggested the use of the educational access channel by Nortel for carriage of WCCO-II. In short, Nortel does not believe that this is a real need of the City of Fridley. � However, in an effort to compromise the issues outstanding, Nortel will offer to construct a separate institutional network, connecting the three buildings in the Fridley School District, the Anvka County Library, and Fridley City Hall. The network will be designed with either 440 MHa or 450 MHz equipment, with a mid-band split. Construction will take place either during the Fridley rebuild, or, in any event, be commenced no later than year eight with completion no later than year nine of the renewal. The timing oF the construction shall be at the discretion of Nortel. If Nortel does not construct the separate institutional network during the rebuild of the subscriber network, upon con,pletion of the rebuild of the subscriber network, Nortel will dedicate two (2) upstream channels to the City for allocations to users by the City. According to Nortel's technical experts, while there are theoretically four upstream channeZs available, there are only two usable channels for video programming. Gary R. Page 4 August Matz 28, 1987 III. Channel Capacitv . The Request for Proposal contained a requirement for a 400 MHz system. Nortel proposed a 400 MHz system. As representatives of No-te1 have told the Commission on countless occasions, it is Nortel's intention oF building a greater capacity system, based upon completion of various necessary engineering surveys. In an eEfort to settle the potential of litigation between the City of Fridley and Nortel, Nortel makes the Eollowing proposal. Nc:tel will construct a 450 MHz system. The City of Fridley should be totally cognizant of the fact that by making this commitment, Nortel is eliminating the largest supplier of cable television equipment in the United States, Magnavox. Magnavox manufactures 440 MHz equipment. Nortel may very well experience difficulties in procuring 450 MHz equipment in a timely fashion. Nortel would be willing to supply. the City with copies of purchase orders and other correspondence to equipment suppliers of 450 MHz equipment. However, Nortel is unwilling to be liable for fines and penalties incurred if Nortel experiences delays in receiving equipment which have been ordered in a timely fashion. In return for a commitment for a 450 MHz capacity system, Nortel requires appropriate language in the franchise ordinance relieving Nortel of liability in the event that it experiences supplier delays beyond Nortel's control. IV. Customer Service Practices Nortel has spent considerable dollars in upgrading its customer service from that of the previous franchise holder. Specifically, Nortel has taken three actions to improve customer service in Fridley. They are as follows: 1) Spent $35,000 for a"mini-Rohm" telephone system, which is vastly superior to the telephone system acquired from Storer Communications, Inc. 2) Spent over $200,000 for a new computer, a model IBM-36W with CMS software. This computer has the ability to log service calls, log and track marketing campaigns, schedule service calls, periorm technical functions for an addressable system, as well as handle customer billing. This represents a tremendous advance for customer service and convenience. 3) Nortel now has representatives the history of franchises. � a total of eight customer service (two are dispatchers), the highest number in the Bloomington, Fridley and St. Louis Park � 4G Gary R. Matz Page 5 August 28, 1987 During this summer, Nortel has encountered an incredible string of bad �uck which has caused the frustrations exhibited at recent Fridley Cable Commission meetings. These include the following: 1) "Glitches" in the telephone software. As Nortel has discussed with the commission, we believe that the telephone system is now fully operational. 2) "Glitches" in the computer software and hardware. This caused great inconvenience to Nortel and its customers. Various billing and customer service errors were made due to the change out to the new and better computer system. Nortel now believes that this problem has been solved. 3) Changeover of subscriber equipment in Bloomington. Customers in Bloomington were not acquainted with operating the new converters. Scheduling change-outs was diEficult. There were converter failures. This is a problem which accompanies any significant change of subscriber equipment, particularly when the computez software and telephone system is not operating properly. 4) Bad weather. There was a multiple squall storm which passed through Fridley on July 5, 1987, causing an outage. Because there was a multiple squall, it took Nortel's service technicians longer than usual to safely climb utility poles and effect repairs. Further, the "storm of the century" hit St. Louis Park and Bloomington exceedingly hard. Portions of those cities were isolated for days. Nortel's service trucks could not get through closed roads to some areas to effect repairs. Fifteen inches of rain in a 5-day period, including ten inches within a 4-hour period, caused signiFicant problems in St. Louis Park and Hloomington. 5) The walkout of three customer service representatives. This caused an unneeded problem for Nortel which Nortel quickly moved to correct. Nortel has worked exceedingly hard to improve the customer service in its franchises. Nortel has spent considerable resources to this goal. Nortel believes that the most significant difficulties were beyond its control and that Nortel acted with dispatch and purpose in resolving these problems. As to the requirements in your letter, Nortel agrees to maintain a complete and accurate complaint log of complaints from Fridley subscribers. Nortel does not agree to have a specific telephone number, with two lines, for Fridley subscribers only, or to list a Fridley specific telephone number on all Fridley subscriber bills, or maintain a log of all calls from Fridley subscribers 4H Gary R. Matz Page 6 August 28, 1987 showing the nature of the call and the disposition. A Fridley specifi� telephone number will engender worse service for FridIey subscribers, not better. When the Fridley rebuild is being effectuated, despite Nortel's best efforts, there will be a significant flow of Fridley telephone calls. Nortel believes that a staff of eight customer service representatives can provided better service during that period oE time than one. The same holds true for outages. If more than two Fridley subscribers call for an outage, it will be impossible to get those other Fridley telephone calls. As to the requirement to maintain a log of all telephone calls from Fridley subscribers, that is needlessly burdensome and will lead to considerable administrative headache, without any purpose being served. Nortel receives hundreds of phone calls daily, ranging in importance to when a specific program is going to be aired to outage reports. For most telephone inquiries, it would take Nortel's customer service representatives more time to fill out a log than it takes to process the telephone call. ,Nortel cannot and will not agree to that condition. � On behalF of Nortel, we look forward to our �eeting on September 2, 1987, at 2:00 p.m. at Fridley City Hall. Please be advised that if we are able to resolve these "core" issues Nortel still has taken reservation oP a number oE items in the model ordinance. If these "core" issues are resolved, I look Forward to negotiating a Einal franchise ordinance in preparation for the public hearing on September 14, 1987. As always, if you have any questions concerning this or any other matter, please Feel free to contact me. Y rs ery ly, Ronald L. Abrams Attorney at Law RLA/sp Enclosures cc: Gerald J. Kazma Keith Cripps Mark Hammerstrom �' '�R =. 41 HERBST 8c THUE, LTD. TO: FROM: DATE: RE: M E M 0 R A N D U M Fridley CATV Advisory Commission Gary R. Matz, Attorney _ Clyde Moravetz, CATV Coordinator September 3, 1987 Meeting with Representatives of Nortel 4J On Wednesday, September 2, 1987 representatives of the City met with Nortel for the purposes of reviewing and discussing certain core issues outstanding on the cable television franchise renewal. The purpose of this brief inemorandum is to provide a summary of that meeting. In attendance on behalf of the City were Mayor Nee, Ed Kaspszak, Duane Peterson, Bill Hunt, Clyde Moravetz and Gary Matz. In attendance and representing Nortel were Jerry Kazma, Keith Cripps, Mark Hammerstrom and Ron Abrams. It was emphasized to Nortel that those representatives present on behalf of the City could not make any decisions but rather could discuss the issues with Nortel and provide recommendation to the Commission and the Council. ACCESS SUPPORT As you may recall, at a recent Commission meeting the Commission determined that the appropriate level of access support would be as follows: Year One Year Five Year Ten $150,000 $Z50,000 $150,000 Nortel's response in a letter dated August 28, 1987 provided for support in the amount of $60,000 in those designated years plus an inflation factor. According to Mr. Kazma, he was informed by Storer that the $50,000 grants were the minimums to be made in years one, five and ten. Accordingly, Nortel has budgeted for this amount. According to Mr. Kazma the system cannot afford any more support for access than th� present offer. In short, during our discussions no progress was made on the level of access support. CHANNEL CAPACITY As you may recall, at a recent Commission meeting the Commission determined that a 450 MHz cable television system 4K HERBST $C THUE, LTD. September 3, 1987 Page 2 would meet the needs of the community. In its response of August 28, 1987 Nortel agreed to a construct the cable television s�stem to 450 MHz provided that the City would agree not to impose penalties in the event Nortel incurred delays in obtaining the equipment from the vendor. In its response of August 28, 1987 Nortel also explained that there is only one manufacturer of 450 MHz equipment and that by precluding the possibility of a 440 MHz system the cable operator would lose certain flexibility. During the discussions with those present on behalf of City, it was decided to recommend to the CATV Commission that the franchise reguirement be for a minimum of 440 MHz. This would then provide certain flexibility to the cable television operator in both bidding and securing the necessary equipment. The difference between 440 MHz and 450 MHz is two channels. SUBSCRIBER SERVICE PRACTICES At a recent meeting the Commission determined the following would be required in the way of subscriber service practices. The Nartel response is opposite the rec�.tirement. Specific telephone number with two (2) lines for Fridley subscribers only. Fridley specific telephone number listed on all Fridley subscriber bills. Complete and accurate complaint log for Fridley subscribers. A log of telephone calls from Fridley subscribers showing the nature of the call and the disposition. No � Yes No During the course of our meeting on Wednesday, the representatives of the City spent considerable time discussing their concerns and frustrations with Nortel's practice o� responding to complaints. Mayor Nee explained that the Council is very annoyed about this. The Mayor further explained that the word around Fridley is that Nortel has a"lousy" service. The Mayor further explained that he would not want to be in Nortel's position - that they should either do something about this or sell the system to someone who will. FinalZy, those representatives present for the City indicated they were not interested in seeing reports from Nortel or hearing about the "storm of the century" but simply wanted to 4L HEF�BST $c THUE, LTD. September 3, 1987 Page 3 see telephones answered and the calls satisfactorily resolved. Nortel indicated that they would review this further and have a response at the public hearing in September. LOCAL ORIGINATION Clyde Moravetz reviewed the fact that the local origination equipment presently being used is anywhere from ten (10) to fifteen (15) years old and is in desperate need of replacement. Mr. Kazma indicated that he did not believe the System could afford to replace the equipment at this time. He anticipated continuing to use the local origination equipm,ent and replacing the equipment following the rebuild. According to Nortel approximately twenty percent (20�) of the people are interested in local origination. Mr. Kazma believes it wi11 cost millions of dollars to do local origination the way the twenty percent (20�) of the people would like to see it done. Mr. Kazma does not see the growth in the system that would be necessary to support that level of local origination. The latest proposal from Nortel in their letter of August 28, 1987 was for an annual commitment of $40,000 per year plus an inflation factor or $.81 per subscriber plus an inilation factor. This is considerably short of the City's requirement of $50,000 per plus an inflation factor. During the course of the discussions Mayor Nee and the representatives of the City generally concluded that local origination could not be properly done at $40,000 per year. These representatives would like to have Nortel continue with local origination and leave open the possibility that Nortel would be relieved of local origination at a review to be held at year five of the franchise. Mr. Kazma indicated that they would further define the current local origination commitment. It was requested that they define the local origination commitment in terms of "x" number of employees and "y" number of hours of original local programming per week. It is our understanding that Nortel will have such a definition prior to the public hearing. INSTITUTIONAL NETWORK Nortel has agreed to construct a separate institutional network connecting the five (5) buildings in the Fridley School District, the Anoka County Library and Fridley City Hall. This network wi1.1 be designed with either 440 MHz or 450 MHz equipment with a mid-band split. The construction of this institutional network will take place during the rebuild of the cable television system. e�pglq,•i E. $ERIIST DA�iIEL D. TavE GeaY R. '_rinTz To� Toc�s ` REESE E• CSEZIGK .IOEL D. RATH HERBST 8c THUE, LTD. ATTORNEYS AT LAW 950 NOH"t'HLAND P71�ZA 3800 WEST 80T� STREET BLOOMINGTON, MINNESOTA 55431 TELEPHONE �Ei12) 893-8711 TELECOPIE& (812 893 - (i991 - Sep�ember 3, 1987 Mr. Ronald L. Abrams Attorney at Law Fifth Floor 701 Fourth Avenue South Minneapolis, Minnesota 55415 RE: Our File No. 86-0102G Dear Ron: 4M LEGAL ASSIS'fANT'CtiTV A,�rt �1. MA?HEwS The purpose of this letter is to serve as a follow-up on the meeting of September 2, 1987 between certain representatives of the City of Fridley and Nortel regarding the cable television franchise renewal. I would like to summarize below what I understand to have been accomplished and what questions are outstanding and awaiting a response from Nortel. CHANNEL CAPACITY Those representatives of the City present at our meeting on September 2, 1987 are willing to recommend that the franchise simply require a rebuild to a minimum of 440 MHz. Accordingly, we believe that will provide the cable television operator with the flexibility in the bidding and constructing of the cable television system. LOCAL ORIGINATION TY±ose representatives of the_City present at the meeting will recommend that Nortel continue the local origination efforts until, at a minimum, Year 5 of the franchise. At Year 5 of the franchise the parties will revisit the issue of local origination with the possibility that Nortel or the cable television operator at this time will be relieved of all local origination requirements in return for funding and support of a third party undertaking those efforts. It is our understanding that representatives of NorteZ will provide a definition as to the current level of local arigination being conducted by Nortel. This should take the form of a specified number of employees dedicated to local origination and a minimum of number of hours of original local programming per week or per month. HERBST $c THUE, LTD. Mr. Ronald L. Abrams September 3, 1987 Page 2 L1\i INSTITUTIONAL NETWORK _ It is our understanding that Nortel will construct a separate institutional network connecting the five (5) buildings in the Fridley School District, the Anoka County Library and Fridley City Hall. This network will be designed with either 440 MHz or 450 MHz equipment, with a mid-band split. Construction of this separate institutional network will take place during the rebuild of the subscriber system. SUBSCRIBER SERVICE PRACTICES If it was not apparent prior to our meeting on September 2, 1987 I hope it is now fully apparent to Nortel that the City is quite annoyed with the subscriber complaint practices of Nortel including the answering of telephone calls. I cannot over emphasize the frustration that exists on the part of the City in this area. Neither the City staff or Council members are willing to field the number of complaints of angry subscribers that have taken place over the last few months. It is my understanding that Nortel will review this area further and provide an appropriate response and commitment on or before the public hearing. ACCESS SUPPORT As the parties discussed, there is still considerable differences between the level of support required for public access. Those representatives present on September 2 discussed this further following our meeting with Nortel. As you know, local programming has long been an area of significant interest in the City of Fridley. It is imperative that we arrive at a mutually acceptable level of support for public access activities if a fifteen (15) year franchise is going to be granted. Please be advised that those representatives of the City present on Wednesday are having serious concerns regarding the advisability of a fifteen (15) year franchise. As you know, the City of Fridley has never granted a cable television franchise in excess of ten (10) years. In short, I believe it is imperative that both parties seek to arrive at a mutually acceptable level of support for public access. I would encourage Nortel to revisit this issue prior to the Public Hearing in September. HERBST $c THUE, LTD. Mr. Ronald L. Abrams September 3, 1987 Page 3 Ron, I hope that this letter accurately summarizes our recent meeting. Should you have any questions or if I can be'of any assistance, please do not hesitate to contact me. GRM:dl cc: Mark Ham�erstran Clyde Mnravetz Very truly yours, ,i , ar ,, R. Matz ..J . � CITY OF FRIDLEY � FLA�'�I;ING CQMMISSIQN MEETING, JULY 22, 1987 :Pl.i T�i r�nr;�p: C:�a;;�pers�n 6il]ings called the July 22, 1987, Planning Commission m ting to or�.ier at i :32 p.m. ROi.L CAl.L: I-1er-��er•s Pr�sent: Steve Billings, Dave Kondrick, Sue She k, Donald Betzald, Richard Svanda Mer�hers Absent: Dean Saba Otf�ers Present: Jim Robinson, Pianning C� inator Jock Robertson, Communi Development Director Mark Gilbertson, Rapi Oil Change Jane Schrader, 271 edicfne Ridge Rd., Plymouth Alvan Schrader, .L.S. Properties, Crystal John Grossman obert Boblett Assoc. David Nenri on, 6031 3rd St. N.E. Margaret eed, 6017 3rd St. N.E. ;layne nson, 6051 3rd St. N.E. Oen ' Trisler, 304i - 4th Ave. N.E,, t4pls. APPkOVA� OF JU 8, 1987, PL/1NNING COPIMISSIOt� MINt1TES: M.C%T�C.'�' RY . F:O"lDRICK, SECONDED BY MS. SNEREK, TO APPROVE THE JULY 8, 1987, Pia::::Zi�'"' �vM.l•fi.:;SiGN lfINU'lES AS WRITTEN. UP A �'OICE VOTE, ALL VOTING AYE, CNAIRPERSON BILLINGS DECLARED THE MOTION RRIED UUaNI:NOUSLY. 1. PUaLIC HF�1RItJG: COPJSIpERATION OF A SPECIAL USE PERMIT, SP #87-14, BY RAP I�J O I L Ct1A��GE : r�er Section �05.17.1, C, 7, of the Fridley City Code to allow an automobile service station on Lots 1 and 2, Block 2, Central View Manor, the same being 73�15 Highway 65 N.E. MOTTO�Y BY .MR. KOIVDRICK, SECONDED BY MS. SHEREK� TO OPEN TNE PUBLIC NEARING. UPGW A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC N.EARING UPEN AT 7:37 P.M. Mr. Rob�nson stated the proposal was for property which was now the site of the vacant gas station north of 73rd Ave, and south of 73� Ave, east of Highway 65, The proposai was for a speciai use permit for an automotive service faci]ity. In conjunction with this proposal, there were two other subnittals--one for variances that were being processed through the Appeals Commission and one for a vacation of 73� Ave., ust north of the prope rty (the vacatio� was the second item on the agenda�. 5A PLAtJPJItiG C�t9t•1ISSI0t� �IEE7IPJG, JULY 22; 1987 PAGE 2 Mr. Robinson stated the lot size without the vacation was .54 acres. The Zoning Code requires .75 acres. The variances being applied for were the reduction in acreage, curb cuts for the property that would be located too close to the intersections, building setbacks on the north and east and west of the property, and a hard surface �setbacks. Mr. Robinson stated the property was zoned t•1-1, light industrial, and required a special use permit. There was some commercial property to the north and east which was vacant, and there some people at the meeting representing the developer of that property. Mr. Robinson stated the proposal was to p]ace a 1,700 sq, ft, service facility on the site. There would be nine parking stalls, one handicapped, in addition to four service bays within the building. It was standard procedure to include the inside service bays as part of the parking requfrement. He stated Staff has worked diligently with the petitioner, represented by Mark Gilbertson, to come up with a site plan and improvement program which includes landscaping, berming, automatic sprinkling, as well as specific eievation and facade refinements. �4r. Robinson stated item #2 on the agenda was the vacation request. He stated if the vacation was successful, the City would propose to provide a driveway opening onto the service road. Viron Road presently did not ext�r.x.i,completely north. It was b7ocked by the trailer court south of Fireside Crive, and the City has been pursuing easements in that area but have 5een un6dcsessful at this time. Mr. Billings stated that if it was not out of order, he wouid 19ke to receive the information on the vacation request at this time also so the Commissioners would have all the information before making any decisions. Mr. Robinson stated he would agree with f9r. Billings' suggestion, t�r. Robinson stated the vacation was for an area just north of the proposed site which was 73Z Ave.,north of Lot 1 and part of Lot 2. Presently, there were two scenarios. The petitioner has applied for a variance for the building setback from the right-of-way so the petitioner can start construction prior to finishing the lengthy vacation process. So, with the approvai of the special use permit (plus the pending variances), the petitioner could build with the driveway coming straight out. 4Jhen the vacation was finally approved, the street would be removed, the driveway rerouted, and the green area restored. Mr. Robinson stated it was Staff's recommendation to continue the serviEe road north through the trailer court to connect to the new Viron Road; however, they are having difficulty in acquiring the easement to do that. Mr. Robinson s��ted that closing 73 1/2 Avenue was consistent with MnDOT's'plans for the are� wfiich limits access onto HigF�way 65 and also includes the aiteration of the �ireside Drive intersection, : PL;�IdNIi�G CO'•1t1ISSIGN MEETING, JULY 22, 1981 PAGE 3 Mr. Robinson stated Staff was recommending the following stipulations: 1. Special use permit, SP #87-14, contingent upon approval of all variances fo r development by Council. 2. Petitioner to provide a storm drainage plan and receive approval from Public Works prior to building permit. 3. Building facade to be constructed with face brick as depicted in elevations received by City on June 15, 1987. � 4. All doors,metal trim, and window framing to be painted or color clad to compliment building facade. Color treatment to be approved by City Staff prior to building permit. 5. Landscaping to be installed as depicted in plan proposed by City Staff, dated July 22, 1981, including vacated street portion if vacation is approved. 6. Automatic lawn irrigation to be installed for all green areas, including vacated street portion if vacation is approved. 7. Petitioner agrees to provide an additional seven (7) foot street easement over the east seven feet of the west 27 feet of Lot 2, Block 2, Central View ��anor, prior to building permit. 8. Petitioner agrees to submit letter (to City) petitioning for widening of service road (to east) to 36 foot.width and agreeing to assessment for all costs associated with said widening prior to building permit. 9. Petitioner to combine tax parcels into one prior to building permit. 10. A brick dumpster enclosure with opaque gate to be constructed along with building. 11. All roof equipment to be screened from view. Details to be approved by Staff. 12. No outside storage of materials or equipment is permitted. 13. A performance bond or letter of credit for $20,000 to cover all improve- ments to be supp�ied �o C1ty prior to building permit. Mr. t�lark Gilbertson, Rapid Oii Change, stated he has worked with Mr. Robinson for some time on how to work out this site plan in order to get the building on the site. They would like to proceed with this site plan for now which showed the building and parking lot worked out without the street being va�ated so they can proceed with construction. Mr. Gilbertson stated right now the site has an abandoned gas station on it, and the property was quite unsightly. He felt they had a good proposal that would really enhance the area with good landscaping. 5C P! f�,rd�;zf!G Co��1��ISSIOri t1E�TItiG, JULY 22, 1987 PAGE 4 Mr. Gilbertson stated to save some congested problems, they have rerouted the �raffic off 73rd Ave., moved it on the back street in order to get the ��.jcrity of the traffic away from the intersection, exited out onto 732 Ave., etc., witn the possibiiity of dumping it back onto the service road if the vacation was approved. ' trr. G;lbertson stated this was the first time he had seen all the stipulations in writing. Ne had discussed with the City the taking of the additional 7 ft. of pf,�perty off the east side of the site. With the already 33 ft, easement a�ong *he east and along the south edge of the property, it really limited th�ir land area. Ne did not foresee any,problems with the 7 ft. easement, but he �•rould like to ask that the assessment for the widening of the service road be split among all the developers along there. The additional traffic carried on this road was going to be increased because the City wants to vacate 73'-Z Ave. Their store itself will only generate about 40 additional cars per day. The service road presently is substandard; hence the request for the additional 7 ft. They do not feel their store was going to create �hat much of a traffic problem on this back road at this point prior to the vacation of 732 Ave. Once 73= Ave, was vacated, that would become more of a connecting street. ��r. Gilbertson stated the stipulations he had a problem with were stipulations tt7 and #8. His primary concern was the cost of the road improvements along the servi ce road. P1r. Robinsor stated Staff felt Rapid Oil was the primary petitioner and business abutting this service road that would benefit from the widening of the road. h1r. Bi Mr. Billings asked how many cars were exiti�g out 73', Ave. right now. Robinson stated he did not know. Ms. Sherek stated that in the morning around 6:45, she waits in line to exit onto 73z Ave, to the north. Seventy-third and one-half Ave. co�es off Old Central, and people can bypass 73rd and the light and make a right turn. She felt if the cars traveling on 732 cannot exit onto Highway 65, they are going to make a left turn and benefit from Viron Road also. She did not see where the petitioner was the only person benefitting frnm the widening of the service road. The road behind the station was quite substandard now, and she definitely felt other people in the immediate area would benefit from the widening of the road also. Mr. Billings stated they also have to understand that if the vacation is approved, the petitioner will receive the 5,742 sq, ft. of what is now City ri ght-of-way. Ms. Sherek stated the petitioner would almost have a legal lot if he received the entire vacation. At this point without the vacatifl n, the petitioner was requesting multiple variances in order to use a substandard piece of property. She telt it was the usua3 position of both Staff and the Planning Commission 5D <<; �;�;rr;r ��u'�IS�ION t�tEETIPIG, JULY 22, 1987 PAGE 5 that if a situation can be worked out whereby the petitioner has a legal standard sized lot, that was preferred over granting multiple variances for G ;;:�s tand;;•rd 1 ot. t•1r. Gilbertson stated that right now the lot was an eyesore. They want to �e able to have a building constructed by September and improve the site. Ti�e vacation process can conceivably be a lengthy process ��rhich means the si*e would sit as it for quite a while if they had to wait for the vacation apf roval. 1�'r. B2tzold stated the Appeals Commission had tried to accommodate �1r. Gilbertson in recommending app�roval of the variances beeause it was their understanding that by the time the vacation went through, the variances would be rendered raot. They might have made a different decision if they had known that Mr, uilbertson was really not interested in the vacation. t�ir. Gilbertson stated he did not have a problem with the vacation. His only contention, again, ►•�as the widening of the service road. Mr. Billings stated that at this time, the lot was substandard, but by the City vacating 73-2 Ave,, they were giving enough land to the petitioner to bring the lot closer into conformance. 7heland was being given at no cost to the petitioner, per se, but in exchange for the land, the City was asking the petitioner to pay for the improvement of the street. Even though the petitioner Y1as sayin, he really did not need the vacation, the Appeals Cormission recommended approval of the variances because they figured the vacation was coming and the whole package was tied together. !tr. John Grossman, P,obert Boblett Assoc., stated he was representinq P?��. A1 Schrader, the owner of the property at 7350 Highway 65 (Lots 4, 5, and 6, Ceritral View t4anor, Block 1, and Lot 3, Central View �lanor, Second addition). Ne stated he was also one of the partners of the Professional Venture� which owned a parcel of property on the southeest quadrant of High��ay 65 and Osborne Rd., 77,000 sq. ft. of all retail space. t�r. Grossman stated they are very concerned about the vacation of 732 Ave, They were at the meeting to speak both for and against the vacation at the same time. Rather than looking at today, they are encouraging the Planning Curm�ission to look to tomorrow. This parcel of re tail land was for sale by Mr. Schrader. They feel it is prime retail space. They see many different uses for the land, one of which might be a sit-down restaurant, for example, which cou�d have 100+ stalls of parking and does conform to the nse, They feel the vacation could create a funnel effect. It was going to draw the traffic into a substandard area with a substandard road. ��e stated they are encourag- ing the Planning Commission to act to extend Viron Road all the way through. They feel the vacation should be contingent upon the City's success in extending Viron Road all the way through. Mr. Grossman stated their last figure showed a traffic flow of 27,000 vehicles down Highway 65. It has been their experience with retail use that they would 5E PL.�NfJI�JG COt1�tISSIOP� PIEETIPlG, JULY 22, 1987 PAGE 6 g�t an influx of traffic. They think they are trading 2 for 1. They are c�cat�ra ar ;nvitation for a retail user to come into that property, but with the d�adend and with the access and egress, it wouid be extremely difficuit for the developer. They could see another use in the back of their retail area for more retail which would create the need for additional traffic. If 73'Z Ave. was vacated, it would limit their access as well, and there needs to be that flow to service the retail. ;Sr-. Grossman stated ��r. Schrader ��ras also concerned about the tax ramifications oi, assessments on k�is property, which could impede the sale of his property. �4r. A1 Schrader, A.L.S. Properties, stated he has orrned that parcel of property (2'-2 acres) for 12 years. It has been Hart Custom Homes, a mobile home sales lot which closed on J�ly 1. The property is vacated and after 12 years when he was now ready to sell the property for a higher and better use, coincidentally, at the sa��e time the City was talking about shutting off the road to get to his property. }�e did not want to be in the situation where his road was shut off lea��ing him with a dead end abutting the r�obile home park to the north, lJhat he was saying was that if the City was going to vacate 732 Ave, then the City sho��ld give h�m a guarantee of a way to get his traffic out to the north. The vacat�on and the extension of Viron Road should be timed and put in writing to agree ti�ith each other. Otherwise, he couid be in the situation a�here if the City has to go to condemnation procedures, or whatever, to get the other property to extend Viron Road, he could sit with his property for 1-2-3 years and not be able to sell it. So, he was asking that if the City was going to vacate 73'2 Ave., that they should also extend Viron Road. He did not object to c]osing off 73'2 Ave. and giving that land to Rapid Oil, but he did object to the City doing it at his expense in not being able to sell his propert,y. t�ir. Robinson stated that one reason for the vacation was that the City saw a way of working around a difficult situation with a driveway located in an area wi�ich they considered unsafe. Code says a!riv�way has to be 75 ft, or 2/3 of the lot width from an intersection and this particular driveway wouid only be set back 19 feet. At the same time, they woulc+ be �ccomolishing the road requirement from MnDOT. t�r. Grossman stated P1r. Schrader was also concerned if the vacation did occur, tl�at landscaping be proper and not impede on any signage of his property. Mr. Grossman stated tiiey would encourage the Planning Commission to attach the vacation to the extension of Viron Road and not vacate at this time, but allow Rapid Oil Change to go in. And, then at such time as the City could guarantee the other owners that Viron Road would go through, to widen the road at that time and not invite additional congestion or traffic flow at this time. Mr. Betzold stated he felt it was very dangerous at this tir�e to leave 73z Ave. open, because of the high traffic volume on it. t1r. Bi 11 i ngs asked t�r. Robi nson i f the Ci ty had tri ed� to acqui re the property for the extension of Viron Road. 5F PL�ai�ldifiG CG�','9ISSIUP� MEETItJG, JULY 22, 1987 PAGE 7 Mr. R�binson stated he has been informed by John Flora, Public t•lorks Director, that �•tr. �lora has been working with the property owner for several months and there are scme stumbling blocks. There is a trailer home on the site ecc+!��ed by an elderly couple that aiould have to be moved in order to provide tl�e casQrent. He stated t�InDOT has also approached the owner, and the owner is not interested at this time. t1r•. Gilbertson stated they developed the site plan so it would work either wa��--��ith 73Z Ave. o�en so they can start construction while the vacation is �eing processed, and then if the vacation is approved, they can easily change the pian by rerouting the traffic and installing the additional landscaping. He ��uuld like �o request that the Planning Commission look at the special use pernit separateiy from the vacation request. Mr. Betzold stated he felt the special use permit and the vacation went hand in hand. The issue the City Council will have to address was whether or not they ti•�ant an,ything at all on that lot, because it is such a small substandard lot. Rapid Oil just happened to be one of the few businesses that could make it work. The City Council also recognizes that the 73', Ave. access to Highk�ay 65 was probably going to have to be closed. If they decide too much was being cra�med on this little piece of property, the Council might make the decision that nothing should ever go on that property, possibly redesigning the ��hole intersection with the idea that there was going to be more develop- r^ent to the nortl�. He really felt they had to consider both the special use p�rc�it and the vacation as part of the sar�e process. t�1r. Svanda stated he did not agree that it was the two together or nothing. 7hey nave a plan before them that will fit the property quite nicely either �v?y. He d�d rot think he could vote for the vacation because of the concerns ra�s:.�, plus it concerned him that they were trying to place the entire bill for the ruad improvement on Rapid Oil when other people may or may not benefit frun tF�e improvenents. He wouid feei a lot more comfortable and probably coulo vo�e for the vacation later on if there was a game plan laid out on how tc deal with the traffic flow situation for the entire area; because if it ►yere to bz done correctly, it would benefit other property owners and then he thcught the cost of the improvement could then be shared by other benefit- ting parties. Mr. Billings stated he appreciated the fact that the petitioner has a con- struction schedule and the fact that City Staff has been workinq diligently with the pet�tioner to try and accorrr�odate the structure on that lot, but there just seemed to be a lot of unanswered questions in terr.is of what was going to happen to the traffic, the estimated cost of the improvements, the �ossibilities of the future extension of Viron Road, and what the Highway �epar*ment's plans were for 73z Ave. and Fireside Drive. It was his feeling that this item should be tabled untii the next meeting. Mr. Svanda stated he would be in favor of taking action on the special use permit. He had not heard any disagreement regarding the project itself from either Staff or the Planning Commission meribers. 5G r�.,�,ar;i+;�- c��-��IS�ION t�EETIt�G,JULY 22, 1987 PAr,E 8 Mr. Rebinson stated the lot in area was too small without variances. The variar�ce for the driveway had been his main concern since this proposal was presented. Ms. Siierek stated she saw the vacation as something inevitable for the future, but she questioned whether it should be done at this point without some p�cvisior� for Viron Road. Given the fact that Mr. Schrader now intended to sell his p�•operty adjacent to what they are taiking about improving on Viron �coad, she would question having the petitioner pay for the entire improvement of Viron Road at this point. t4r. Betzold stated that if for some reason the vacation did not go through, and Rapid Oil goes in on the site, what controls did the City have to make Rapid Oil landscape if the vacation did go through at some future time? Ms. Siierek stated the Planning Commission could attach a stipulation to the special use permit that at the time of vacation of 73'; Ave., Rapid Oii wi11 be required to landscape. She stated her biggest problem with the whole thir�g ai this point was not Rapid Oil Change and not their traffic, it was the tying up of the retail property to the north if the City does vacate 73'-Z Ave. Nere was another piece of pr^operty that relied on 73z Ave, for access and egress. She would have a hard time voting to vacate that street without an aiternative plan like the continuation of Viron Road. M.:7^; 0:7 RY ::F.. YC.'1DRICK, SECD.NDED BY MR. BETZOLD, T10 CLOSE THE PUBLIC XF.ARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC XEARING CLUSED AT 8:45 P.M. ?�'�:'1!�1 i:l' i'P.. �CiJDRICK� SECONDED �Y MS. SHEREK� TO RECOMINEND 21p CITY COUNCIL APPROVRL OF SLECIAL USE PERMIT, SP �87-14, BY RAPID OIL CHANGE, PER SECTION '07.�'.1, C, 7, OF THE FRIDLEY CITY CODE TO ALLOW AN AUTOMOTIt�E SERVICE STATION O:� LvTS � ri11%L 2, BLOCK 2, CENTRAL VIEW MANOR, THE SAME BEING 7315 HIGHWAY 65 N.E. , �iITH THE FOL�.OWING STIPULATIONS: 1. SPECIAL USE PERMIT, SP #87-14, CONTINGENT UPON APPROVAL OF ALL VARIAP.'CES FOR DEVEIAPMENT BY COUNCIL. 2. PEI'ITIONER TU PROVIDE A STORM DRAINAGE PLAN AND RECEIVE APPROVAL FROM PUBLIC WORKS PRIOR TO BUILDING PERMIT. 3. BUILDING FACADE TO BE CONSTRUCTED WITH FACE BRICK AS DEPICTED IN ELEVATIONS RECEIVED BY CITY ON JUNE I5, 1987. 4. ALL DOORS, METAL TRIM� AND WINDOW FRRMING TO BE PAINTED OR COLOR CLAD TO COMPLIMENT BUILDING FACADE. COLOR TREATMENT TO BE APPRDVED BY CITY STAFF PRIOR TO BUILDING PERMIT. 5. LANDSCAPING TO BE INSTALLED AS DEPICTED IN PLAN PROPOSED BY CITY ST.�FF, DATED JULY 22, 1987, INCLUDING VACATED STREET PORTION IF VACATION IS APPROVED. 6. AUTOMATIC LAWN IRRIGATION TO BE INSTALLED FOR ALL GREEN AREAS� INCLUDING VACATED STREET PORTION IF VACATION IS APPROYED. 7. PETITIONER AGREES T1D PROVIDE AN ADDITIDNAL SEVEN (7) FOOT STREET EAScMENT OVER THE EAST SEVEN FEET OF THE WEST 27 FEET OF LOT 2, BLOCK 2� CENTRAL VIEW MANOR, PRIOR TO BUILDI�YG PERMIT. 5H �' i',"'�T''�r ''%."'+,iSSIOf! i•1�ETIi�G, �',ULY 22, 1987 PAGE 9 8. PETITIONER AGREES TO SUBMIT A LETTER (TO CITY) PETITIDNING FOR Ia'IDENIi�i� OF SERVICE ROAD (TO EAST) TO 36 FOOT WIDTH AND AGREEING TO .ri.7SG cSi�EITT FOR ALL COSTS ASSOCIATED WITH SAID WIDENING, PRIOR TD BUILDING PER1�fIT. 9. PETITIONER TO COMBINE TAX PARCELS INTO ONE PRIOR TO BUILDING PERMIT. 10. A BRICK DUe�:PSTER ENCLOSURE WITH OPAQUE GATE TO BE CONSTRUCTED ALONG WITfi BUILDING. 11. RLL P.00F EQUIPM,ENT TO BE SCREENED FROM VIEW. DETAILS TD BE .�;PPROVED BY STAFF. 12. i�0 G�?�':3IDE STORAGE OF MATERIALS OR EQUIPMENT IS PERMITTED. _ 3. A 2�RFOR.'•1APICE Bc�ND OR LETTER OF CREDIT FOR $20,000 210 COVER ALL I:•1rROVL-D5ENT5 TO BE SUPPLIED TO CITY PRIOR 2�0 BUILDING PERMIT. 14. AT SUCH TIME AS THE VACATION OF 73'� AVENUE IS APPROVED, RAPID OIL CFiANGE WILL BE REQUIRED TO DO THE APPROPRIATE LANDSCAPING AND IRRIG�TION QF THE PROPERTY. P1r. Billings stated if they were dealing with the special use permit and the VdC1t10f1 se�3rately and �•�ere thinking of not approving the vacation at this tir�e, he would have to vote against the special use permit. The Appeals Conr�ission went along with the variances on the basis that the vacation was coning. Staff has said they looked at the whole plan and said it could be dor�e w;ti� the vacation, and that the vacation was an integral part of the �,rhole �I�ing. W'ithout the vacation, he wouid not be tn favor of the special use oermi t. i�r. Kondric� stated he did not fiink the Appeals Commission was altogether informed of the problem with Viron Road. Al1 that information has come to ligf�t since the Appeals Commission meeting, and it may or may not have changed the decis�on made by the Appeals Corronission. �1r. Svanda stated he did not think he was necessarily against the vacation, but there were other issues associated with it and that was the reason it was approoriate to table the vacation request. Mr. Betzold stated he could support the special use permit as long as the vacati�►n moved forward. Ne also felt the vacation should go with the special �se perm�t. ��r. Billings stated he still felt the two ti�ent hand in hand, and if they were thinking of tabling the vacation request, they should tab?e the special use perr�i t as wel l, UPON A VOICE VOTE, KONDRICK, SHEREK�-BETZOLD, SVANDA VOTING AYE, BILLINGS VGTING NAY, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED BY A VOTE OF 4-1. 23 �. �I o � z P , Q � _ � 4 � � Y Z � �� ;4 W Q F- � ,so � =---� __ �. _ � __ ,-"— — . .%/ w s.�.. c .i 51 � � �ivo�f vi:�w� P - �� 4L ��; % � , . , t. � � - :.�. . LOCATI(�[� -" �f� , ,� . � 0 I� _ �p �8�r�4 - 5J - - Rapid Oil Change �° � � � �'-�� W 12�GtP IK�i� Ny`1N � - W � ?3%2 �vENUE N.� (� �x v�. tN t�ui�t`=� +► �d��r��u,� 5 S N.� s � F� d�-K M� N N• 61 �-----A-'--� y� !�' w y � r��I Wi - � � G_� �, — � � . __ .�� \, I� /� �' �� ' ' �� . 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I 99'-�0" V' P s'-c' � - , � � _ o � .`' ,x'�;s i � �'R� � O r-o' o'-o' �' _• `��r 203 0; �E �� z� �I + o Rf5'R0011 � y--�•- � , • OUCr� ! � 6 � B�KE� � tifCH. 0 i ie� in �6 .• o � � 3 I � '� �o = , � � �i � � � . ._ 1 4• 0• �' M�LE ( � F�R Cl� t. UNES ^ �\ o ° 6 warnHc il ! °' !! 202 O �� I o ° ECCE � G.'. %� ALUN. 1HRESHp,p � 700 -0� � �',^,5 ExP. �T o o O � �T �. � • JOINT CONC. APR�u t!'-d' ExP. ,IT. SP #87-14 Rapid Oil Chanqe x $ _.- aR 5L CD►7C. STO➢P � 9�ElwNC • k S'-0' A.�. ExN�uST DuCT SEE MECi+. \ � �,_Q, NOTE: ALl SNEINNC TO BE lil12' PART. BRJ. W/ANGLES k 9R�CiE"S • 2�' O.0 �A�\: 9+ELV�.0 k 3�a^•"c_ v.: - ..._ . . WA�. CC�.CQ.� 4�W_ h•_� Si.l SP #87-14 5 M :zapid Oi 1 Change n.iv.�i TiOe s.. �..�.� . caoa Kuu ur �us+v+c e�tR �+s-io' -� ��c� .iasr eRc v�ce ea•`c - saacR couase RECESSED CONG. BLOCK - P��NTE� SOIWER COURSE O BASE � 00'-0• OS � � � � � � I I I I I � ___�e� Z. �1�-------7��I------------------�-- --�_ A3 �ROVT ELEVATION i �/<" _ �'-o" �vb�.n,� CAP FLASH�NG � ti3'-6, �w ... ST 90� - RECESSED CONC. BLOCK �._0. - _"� =-L 5 � � � � � � �---- ----------------I�--� ----- — ea-�_ �-----�----------------- -_-------�1� -��5 A3 REAR ELEVATiON � J � /d" _ � �-0" ovovuvm.., ■ . � S< Bv OwNER i�CE �pc - Sot.DifR COURSE SP #87-14 Rapid Oil Change �aw �c:�o aw �.v� w� � MDfllli �N11911M � 5N B�CKUT pyc Br Cr+�EF _ � �� rtECE55ED Ca+C. Bl.Oat � � I ---- E—_ �' MnJE�ALU4. SiRAP - _----_- ---_ -- -- � �,� �� _ �N� � a l E— �� ►� �. ;: " DOMMSP]UT � iR05T PROOF � It ROWIOCK COURSE � N� �B u O WINDOW 9LL P o a SOIDiER COURSE _----- .ii r i . ry — � � � • BA� N ' � � SPLASH flOCK ! • � � � � � ' � I � I �__________ ____._—_________. _ _ _ _—_ ___ _ '__—� A3 LEF7 ELEVATIaM `2J 1�4 = � -0' °`i°N'vo°", a�..�_.- : vc n• ..n�.. �A:E BR.Gc - SOI��ER COURSE � COIOR KUp CAG F�A$r Y� � "�"""' 1. � � =M =M �M�MwY�� __ ��M �� =�� = � �� ,- �� i1�1��M ��Y Ir� � __^- _ _ ..---- �--�-Y•-. --------�------� . � ° �- �-. � _ '�11 ^ I � ' ' �„�, � a� ___J i � 4' a s' i!' CCvC S.A9 J � ( � � � -1-------- ----------------------1- ------------ �----------------------- -------------------J _ _ _ - _ it 3' Cw•. ..,.A:7 '�S' r GR�DE SP �7-�4 ;n� � � �.:► �� ST I FuAT l ONS (APPROVED BY P. C, 7/71J87) 1. SPECIAL USE PERMIT, SP �7-14, CONTlNCENT I�ON APPRONPL CF ALL VARIANCES FCR DEVELOPMENT BY CAUNCIL. 2. PETITIONER TO PROVIDE A STORM DRAINAGE PLAN AND RECEIVE APPROVAL FROM PUBLIC WORKS PRIOR TO BUiLDING PERMIT. 3. BU I LD i NG FACADE TO BE CONSTRUCTED W I TH FACE BR I CK AS DEP I CTED I N ELEVATIONS RECEIVED BY CITY ON �UNE i5, 1987. 4� PLI. DOORS, METAL TR (M ANO W f NDOW FRAM I NG TO BE PAI NTED OR COL.OR CLAD TO C(�1PLlMENT BUILDING FACADE. COLCR TREATMENT 70 BE APPRONED BY CITY STAFF PR I OR TO BU I LD I NG PERM I T. 5. LANDSCAPI NG TO BE I NSTALLED AS DEPI CTED i N PLAN PROPOSED BY CI TY STAFF, DATED �ILY 22. 1987. I NCLUD I NG VACATED STREET PORT I ON I F VACAT I ON I S APPROVED. 6. AUTCMAT I C LAYJN I RR i GAT I ON TO BE I NSTAl1ED FI�R Al1 (�tEEN AREAS, i NCLUD I NG VACATED STREET PORTlON IF VACATION IS APPRO�VED. 7. PETITIOI�R AC�EES TO PRO'VIDE AN ADDITIONAL SEVEN (7) FOOT STREET EASEMENT CNER 1HE EAST SEVEN FEET OF THE WEST 27 FEET CF LOT 2. BLOCK 2. CENTRAL V I EW Nk11VOf2, PR I OR TO BU I LD I NG PERM I T. 8, PETITIONER AGREES TO SUBMIT A LETfER (TO CITY) PETITIONING FOR WIDENING OF SERVICE RQAD iT0 EAST) TO 36 FOOT WIDTH AND AGREEING TO ASSESSMEM' FCR ALL COSTS ASSOCIATED WITH SAID WIDENING, PRICR TO BUILDING PERMIT. 9. PET i T I Of�R TO O�IB i I�E TAX PARCELS I Ni0 0(�E PR I G�R TO BU I L D I NG PERM I T. i0, A BR I CK DI.MPSTER ENCLOSIJRE W I iN OPAQIrE GATE TO BE CONSTRUCTED ALONG W I TH BUILDING. 11. PLL ROOF EQU 1 PMENT TO BE SCREEI�D FR(�l V i EW. �TA I L S TO BE APPROV ED BY STAFF. 12. NO OUTSIDE STORAGE CF MATERIALS OR EQUIPMENT IS PERMITTED� 13. A PERF�MANCE BOND OR LETTER OF CRED I T FOR $20,000 TO COVER ALL IMPRONB�IENTS TO BE SI�PL I ED TO C I lY PR I OR TO BU I LO I NG PERM I T. 14. AT SUCH TIME AS THE VACATION OF 73 1/2 AVENUE IS APPROVED, RAPID OI� Q�iAN(� WILL BE REQUIRED TO DO THE APPROPRfATE LANDSCAPING AND (RRIGATiON OF THE PRQIECT. 50 C ITY OF FR IDLEY APPEALS CO�SSION MEETING, JULY 14, 1987 GaLL TO ORDER• �•J Chairperson Betzold called the July 14, 1987, Appeals Commission me�Eing to order at 7:30 p.m. � ROLL CALL: Members Present: Donald Betzold, Diane Savage, Jerry •Barna and Kenneth Vos Members Abser.t: None , Alex Others Present: Darrel Clark, City of Fridley Arthur Edwards, Lamaur, Inc , Fridley David Hunt, Opus Corp., 9 0 Bren Road E., Minnetonka Tony Heppelmann, BRW, I., 700 3rd Street So., Mpls. . Mark Gilbertson, Rapi Oil Change, 3041 4th Ave. So., Mpls. Dennis Trisler, Rap' Oil Change, 3041 4th Ave. So., Mpls. A A Mr. Sherek requested the word sites" on Page 4, paragraph 1, line 4 be changed to "line of sight" Mr. Betzold stated in r ard to the variance request by Thomas and Joanne Elwell, 1�. Welch had laced a note on his door indicating he objec[ed to this variance. . Betzold stated he was out of town and did not find ttiis note until h' return on June 26, after the Appeals Commission meeting, and approval of he variance. I�. Betzold stated he contacted 1�. Welch and his conce was overbuilding in Heather Hills. A'�. Betzold stated he advised I�. elch theee was nothing he could do at this poin[. rfOTION I�II2. BARNA, SECONDED BY MR. SHEREK, TO APPROVE THE JUNE 23, 1987, APPE� COrQIISSION MINUTES AS AMEI3DED. UPON A VOICE VOTE., ALL VOTLNG AYE, CHAIRPERSON BETZOLD DECLARED THE MOTIOH ��1RRIED UNANIr10USLY. 1. COhSIDERATION OF VARIANCE REQUESTS. VAR 4k87-24�, BY RAPID OIL CHANGEj PURSUANT TO CHAPTER 205.17.03, A, 1, OF THE FRIDLEY CITY CODE, TO REDUCE THE TIINIMUM ALLOWABLE LOT AREA FOR ONE Mr1IN BUILDING FROM 0.75 ACRES T0 0.54 ACRES; AND, PURSUANT TO CHEIPTER 205.17.03, D, 2b,_OF THE FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 35 FEET TO 12 FEET ON THE EAST AND FROM 35 FEET TO 28 FEET ON THE WEST; AI3D, PURSUANT TO CHAPTER 205.17.5, D, 4c, OF THE FRIDLEX CITY CODE TO REDUCE THE DISTANCE THAT THE EDGE OF THE CURB OPENING MaY BE FROM A STREET RI(�iT-OF-WAy IhtTERSECTI0i3 FROM 75 FEET TO 19 FEET ON THE NORTH AND FROM 75 FEET TO 35 FEET ON THE SOUTHEAST; AND, PURSUANT TO CHAPTER 205.17.5, D, Sa, OF THE FRIDLEY CITY CODE TO R�DUCE � �PPE:�T.S C0�^tISSION riEETI:�G, JULY 14. 1987 PaGE 2 T}iF P:�RF:I1G AI�A }�'�RD SURFACE SETBACK FROM A STREET RIGHT-OF-WAY iru:; 2U FEET TO 15 FEET ON THE SOUTH, FR0�1 20 FEET TO 12 FEET ON 'ft�E E:�ST �;�D FR0�1 20 FEET TO 10 FEET 0\ TNE WEST TO ALLOW THE C�':STRI'CTIO\ OF �r AUTO'�fOBILE_ SERVICE ST�TI01 ON LOTS 1 AND 2, };T nCI� 2_,_ CEIiTR�L VIEW DiiI�OR, THE SaP� BEIrG 7315 HIC�iWAY 65, r R IULEY , :`:I�^:�ESOT� 55432: - t��•"TI01 BY MS. SAVAGE, SECO�DED BY I�t. BARNA, TO OPEN THE PUBLIC HEARING. L'P0� A �'OICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED TtiE P(:B�IC }iEARIhG OPEN AT 7:35 p.m. Ct,airperson Betzold read the Administrative Staff Report: AD?tIAISTRATIVE STAFF REPORT 7 31 S H IC�iWAY 65 vaR 4f87-24 A. Yt?BLIC PURPOSE SERVED BY REQUIRErfENT; Sc�ction 205.17.03, A, 1, requites a lot area of not less than .75 acres for one main building on plats recorded before January 1, 1983. Tt�e public purpose served by this requirement is to provide for adequate parking, open landscaped areas, and to limit congestion of inciustrial areas. S�•ction 205.17.3, D, 2b, requires two side yards, each with a width of not less tl�an fifteen fee[ except: where a side yard abuts a screet of a corner lot, the side yard requirement increases to a rinimu^� of 35 feet. A,,blic purpose served by this requirement is to provide adequate op�n s�ce areas around industrial s[ructures for aesthetic and fire fighcing purposes. S��ccion 205.17.5, D, 4c, requires that the edge of the driveway curb opening shall not be closer to the nearest portion of a st:�cc righc-of-way intersection than 75 feet or 2/3 of the lot width, �:}�ichever is srnaller. Section 205.16.5� D, Sa, requires that all parking and hard surface azeas shall be no closer than 20 feet from any street right-of-way. Public purpose served by these requirements is to reduce visual poll�tion and to separate parking with landscaped areas. &. STATED i�►RDSHIP: 1. The gross lot size of the site in question is 0.54 acres. Zoning requires 0.75 8cres. The site is entirely landlocked 6A APPEALS COMNiISSION MEETING JULY 14_, 1987 __ __ PAGE 3 so no further land acquisition is possible. At present the eastern 33 feet and southern 33 feet of the lot are dedicated for the existing road easements. 2. Due to the easement of 33 feet on the east side of the lot, we are only able to achieve a 12 foot building on the east and a 28 foot setback on the west rather than the required 35 foot. building setback. 3. Presently there are curb cuts located at the north end (73-1/2 Avenue) and south end (73rd Avenue) of the site. We Qrcpose to: A. Relocate the north end curb cut further east (away from Highway 65) and narrow it down to 22 feet. This would serve one way traffic exiting the site. B. Close the south end (73rd Avenue) curb cut and drfveway and install green space in its place. C. Install a new curb cut and driveway on the east end start- ing approximately 35 feet north of the south lot corner (see site plan). 4. Again, due to the 33 foot street easement on the east side of the property, we are only able to achieve a 12 foot paving/ hard surfaces setback on the east, a 15 foot setback on the south, and a LO foot setback on the west rather than the required 20 feet. C. ADMINISTRATIVE STAFF REVIEW: Rapid Oil has designed a site plan which provides a reasonable solution to the redevelopment of a non-conforming site. The proposal is to remove the existing building and reconstruct a four bay brick facade service station with nine parking stalls and ample landscaping. In conjunction with the proposal a special use permit for an auto- motive service station in M-1 and a petition to vacate the 66 foot right-of-way (73-1/2 Avenue) north of the property are also being processed. Approval of the special use permit and variances are necessary before construction. The vacation is not essential prfor to construction provided that one additional variance, building setback (from 73-1/2 Avenue) from 35 feet to 21 feet, is approved. Rapid Oil's desire is to open for business in September, which precludes waiting for completion of the vacation prior to con- struceion. Therefore, the additional variance will be heard at the July 28 Appeals meeting. Stipulations for building and site quality will be discussed with the special use permit. : : 6C APPEAI,S C�J:�L�tISSION MEET_�Gi JULY 14, 1987 PAGE q I��. Clark stated these variances are for property Located at Highway 65 and 73rd Avenue. He stated a number of variances are requested regarding the lot area, side yard setbacks, curb opening dis[ances, and parking and hard surface setbacks. Mr. Clark stated in conjunction with this variance request, a..- _ specfal use permit has been filed and a petition to vacate the 66 foot right-of-way (73-1/2 Avenue) north of the property. He stated if, and when, 73-1!2 Avenue is vacated, this property line a�ould move north to the center of 73-1/2 Avenue and the additional variance, to be heard at the July 28 Appeals Commission mecting, would not be necessary. He stated this variance would provide a building setback from 73-1/2 Avenue from 35 feet to 21 feet, if it is necessary and the vacation is not approved. Mr. Clark stated there is a plot plan before the Commission and the petitioner has building plans for the Commission's review. He stated the intended use of this site fs for a Rapid�0i1 Change facility with four bays. He stated no gasoline would be dispensed at this site. Mr. Clark stated the lot is not buildable without any variances and felt Rapid Oil's facility provides a reasonable solution [o the redevelopment of a non-conforming site. Mr. Mark Gilbertson, representing Rapid Oil Change, sta[ed the pro- posed site plan takes into consideration the vacation of 73-1/2 Avenue. He presented another site plan which rearranges the parking and conforms with the variances requested this evening. Mr. Gilbertson presented photos of their proposed building. I�. Sherek asked if the Rapid Oil facilities were company owned or franchised. Mr. Gilbertson stated they were all company owned. P�. Gilbertson stated Rapid Oil Change caters to a fast lube and oil change and no gasoline is sold at this site. r�. Barna asked the number of cars serviced per day. r�. Gilbertson stated abou[ 40 to 50 cars a day and they are open from 8 a. m, to 6 p.m. six days a week. He stated vehicles would enter on 73rd Avenue and proceed to the servicing bays and exit to the north. 1�. Gilbertson stated there would be no vehfcles parked overnight in the parking lot. He stated they wished to serve the customers as a drive-through service and they really never have to get out of their cars. I�. Betzold asked if the parking provided meets the code requirements and I�. Clark answered in the affirmative. l�. Barna questioned what type of signage would be provided for this facility and if the existing base would be used. I�k. Gilbertson presented the signage plan and stated a 6 x 10 foot pylon sign would be used, howevez, he was not sure if they could use the existing base. He stated it depends on where it fs located. APPEr�IS CO*1�"1ISSION MEETING. JULY 14. 1987 PAGE 5 MOTIOH BY I�&t. VQS, SECONDED BY MS. SAVAGE, TO CLOSE THE P[3BLIC riE:�+RING. UPON A VOICE VOTE, ALL VaTING AYE, CHAIRPERSON BETZOLD DECIATtED THE PUBLIC HEARING CLOSED AT 7:58 p.m. P'tr. Vos stated he lives in the neighborhood and anything that can be done on this corner would be an improvement. He stated there isn't any way to build without variances and felt it was a hardship. ' t�k. Barna felt this would be a great improvement over businesses that occupied this corner in the past. He stated the lot would be un- buildable without the variances and, therefore, he would have no objections. Ms. Sherek stated the site is certainly an eyesore now and is thrilled with these plans. She stated she felt ¢he Landscaping being provided would make it an attractive site. Mr. Betzold felt the choice was to either have nothing on the lot or grant variances. He felt the building would compliment the neighbor- hood and hoped this business would be there for a while. r10TI0N BY rIIt. VOS, SECONDED BY MS. SAVAGE, TO RECOT¢�ND TO CITY COUNCIL APpROVAL OF VARIANCE AEQUEST, VAR �687-24, BY RAPID OIL CHANGE TO REDUCE THE rffNIMUM ALLOWABLE LOT AREA FOR ONE MAIN BUILDING FROM 0.75 �CRES TO 0.54 ACRES; TO REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 35 FEET TO 12 FEET ON THE EAST AND FROM 35 FEET TO 28 FEET ON THE WEST; TO REDUCE THE DISTANCE THAT THE EDGE OF THE CURB OPENING MAY BE FROM A STREET RIGHT-OF-WAY INTER- SECTION FROM 75 FEET TO 19 FEET ON T!� NORTH AND FROM 75 FEET TO 35 FEET ON THE SOUTHEAST; AND TO REDUCE THE PARKING AND HARD SURFACE SETBACK FROM A STREET RI(�iT-OF-WAY FROM 20 FEET TO 15 FEET ON TtiE SOUTH, FROM 20 FEET TO 12 FEET ON THE EAST, AND FROM 20 FEET TO 10 FEET ON THE WEST, TO ALLOW CONSTRUCTION OF AN AUTOMO�ILE SERVICE STATIOI3 ON LOTS 1 AND 2, BI:OCK 2, CENTRAL VIEW MANOR, THE SAME BEING 7315 HIGHWAY 65 N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD'DECLARED.THE rK7TI0N CARRIED UNANIMOUSLY. rh. Clark stated if the Commission wished to make a recommendation on the variance which wasn`t advertised for this meeting, it is possible it could be heard at the City Council meeting. He stated the variance would provide a building setback from 73-1/2 Avenue from 35 feet to 21 feet, if the vacation of 73-1/2 Avenue is not approved. MOTION BY I�&i. VOS, SECONDED BY I�t. BARNA, TO RECOMI�ND TO CITY COUNCIL APPROVAL OF A VARIANCE TO REDUCE THE BUILDING SETB�►CK FROM 73-1/2 AVENUE FROM 35 FEET TO 21 FEET. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNaNIMOUSLY. : � L•J � aPpE�LS C0:•�ZSSION MEETIrGi JULY__14�_ 1987 P�GE 6 The Cor.ti�ission menbers wanted the Council to be advised that this variance to the building setback from 73-1/2 Avenue wasn't published. Staff is to check to determine if the public hearing, in conjunction with the vacation request, could be held at the City Council meeting. The Commission noted this variance would be m�oot, if the va�ation request is approved. Mr. Betzold advised this item would be on the City Council's agenda for August 3, 1987. 2. �0�'SIDERATI02� Tb,,C}inF''TER 20 nI.Lt9►,'�I3LE P�+R' � �87- CH:+I'�TaR 20 �. 17 . 5, D, Sa , OF THE FRIDLEY CI'IY CODE SirlZf'��CL ,SET&1CK FRO*1 � STREET RIGHT-OF-Id�Y FROr1 20 �LI.(X. T}i �. � CO�STRUCTION OF AN aDDITIOh:�L PaRl:ING LOT „?:D LOT 14,�AUDITOR'S SUBDIVISION N0. 78, THE SAPiE RI�'ER RO:�D, Iy�2IDLEY. rfIhlv�:SOT� 55432: �tOTION BY PIIt. VO�, SECONDED BY A4t. SHEREK, TO OPEN UPON A VOICE VOTE, I,LL VOTING AYE, CHr1IRPERSON PUBLIC HE�RIIVG OPEN kT 8;05 p.m. �T1aUR. INC.. Pt UA �CREaSE THE rt IrNM • ArT PURSU 'T TO � REDUCE T} . 1{�RD '.ET TO 8 'ET TO ON P:1 OF LOT 13 :IrG O1 EAST PUBLIC HEARING. LD DECLARED THE Ci�airperson Betzold rea��.the Administrative�taff Report: ADMIh ISTt�c1T IVE STAFF PORT 5601 EAS1"' �tNER R N.E. vax �s�-2 A. F'UBLIC PURPOSE SERVED BY REQUj�MENT: Section 205.03.SS.require a 10 fo�t wide by 20 foot long area to store one automobile, wh' h has accc�ss to a public street or alley and permits ingress an egress of an a�tomobile. Where �a parking stall abuts a curb o sidewalk the leng� may be reduced to 18 feet. Public purpose �krved by this requirement is � o provide adequate roon between �rge vehicles. Section 20 .17.5, D, Sa, requires that all parkin� and hard surface areas be o closer than 20 feet from any street rigA,Z-of-way. Publi purpose served by this requirement is to limit v�sual enc achment and avoid congestion. B. ,S`rATED HaRDSHIP: We are unable to meet the code required parking. We wish to a11�pw 9 foot b�� ZO foot stalls to preserve as much landscaping as � possible. An excessive amount of property was consumed by the right-of-way. 23 /fo � -------+ �. �: . . �. 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' �'� 4,• -- �-7_ �r! —' � �, �� -- �� -- o � / 1 �'- N � � � � /f i -� �'"T. . � / Zg, , � py�.� e at, � �� // � �5, � 17� �: �j °a �} � � � i • SioFT ' � � � � n.� �.s � i�,o 4av' 120 , 1 L'" i� �►� - � � � . i �� s �- i".� r �� I � 1 �� \ �� , �� i � � 1 I � --�` � � I � � , : I � �� .� I. �F ' � �;I� I � i;),�N �;�� o �� , . � . i ' �� I ro '0 , 4___ I �i � j � Zd =�`� � � l� - v I I � s,�� g�`� -r2 �^ I� N 3� � ,� I �- � , � � �► � � �, ; o �, z3 i � , � � b �+ � � � � � o i2 � i _ i I N�`"' -°" �g � � °. � o � 1 �' � , I �i �►-,� �� -,M,� . J �� o � �� . �t.�t . --.� � - 11 '� .- - _— - - �''`r� ��u� ��B7cr�' �tP,°�2'4� �-- �� T� � 73"°� �s✓`.�J U E �l. �. --b rtrl• � 14'� CO�+� N t� /� ' � _ �-, , --# 'i5' 7.0' ��i-t=.�r( � � �Ev �G �� .�� -K � r�=� a� �o�' �rec� •5� qc.. vs. •75 aG• �l��g� SITE PLAN 7 APPEAIS COrL"lISSION r1EETII�G JULY 14 1987 PAGE 5 P�TION BY I�Ht. VOS, SECONDED BY MS. SAVAGE, TO CLOSE TNE PUBLIC ti�:�+ItING. UPON A VOICE VOTE, ALL VOTING AYE, CNAIRPERSON BETZOLD DECLARE THE PUBLIC HEaRING CLOSED AT 7:58 p.m. �Ir. Vos stated he lives in the neighborhood and anything at can be done on this corner would be an improvement. He sta d there isn't any way to build without variances and felt it w s a hardship. � T�. Barna felt this would be a great improvement o r businesses that occupied this corner in the past. He stated the ot would be un- buildable without the variances and, therefore e would have no objections. Ms. Sherek stated the site is certainly a eyesore now and is thrilled with these plans. She stated she fe1C e landscaping being provided would make it an attractive site. Mr. Betzold felt the choice was to either have nothing on the lot or grant variances. He felt the bu' ding would compliment the neighbor- t�ood and hoped this business w ld be there for a while. r10TI0h BY rIIt. VOS, SECONDED Y M5. SAVAGE, TO RECOrQ1END TO CITY COUNCIL APPROVAL OF VARIANCE REQ T, VAR �E87-24, BY RAPID OIL CHANGE TO REDUCE THE MINIMIIM ALL BLE LOT AREA FOR ONE MAIN BUILDING FROM 0.75 �CRES TO 0.54 ACRES; REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER L FROM 35 FEET TO 12 FEET ON THE EAST AND FROM 35 FEET TO 28 FEET ON THE WEST; TO REDUCE THE DISTANCE THAT THE ED(� OF THE CURB PENING MaY BE FROM A STREET RIGHT-OF-WAY INTER- SECTION FROM 7 FEET TO I9 FEET ON THE NORTH AND FROM 75 FEET TO 35 FEET ON SOUTHEAST; AND TO REDUCE THE pARKING AND HARD SURFACE SET &1CK FRO A STREET RIQiT-OF-WAY FROM 20 FEET TO 15 FEET ON THE SOUTH, FR 20 FEET TO 12 FEET ON THE EAST, AND FROM 20 FEET TO LO FEET ON E WEST, TO ALLOW CONSTRUCTION OF AN AUTOMO�ILE SERVICE STATI ON LOTS 1 AND 2, BL'OCK 2, CEIVTRAL VIEW MANOR, THE SAME BEING 731�'HIGHWAY 65 N.E. Id'pON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD' DE�LARED .TftE ' PIOTION CARRIED UNANIMOUSLY. rlr. Clark stated if the Commission wished to make a recommendation on the variance which wasn't advertised for this meeting, it is possible it could be heard at the City Council meeting. He stated the variance would provide a building setback from 73-1/2 Avenue from 35 feet to 21 feet, if the vacation of 73-1/2 Avenue is not approved. rfOTION BY I�t. VOS, SECONDED BY l�t. BARNA, TO RECOMMEND TO CITY COUNCIL hPPROVAL OF A VARIANCE TO REDUCE THE BUILDING SETBACK FROM 73-1/2 aVENUE FROM 35 FEET TO 21 FEET. UPON A VOICE VOTE, ALI, VOTING AYE, CHAIRPERSON BETZOLD DECI.ARED THE MOTION CARRIED UNaNIMOUSLY. 7A � APPE�I.S CO?��SSION MEETIrG JtJLY 14 1987 PaC� 6 The Cor.raission members wanted the Council to be advised that this variance to the building setback from 73-1/2 Avenue wasn't� published. Staff is to check to determine if the public hearing, in conjunction with the vacation request, could be held at the City Council meeting. The Commission noted this variance would be m�oot, if the vacation request is approved. .� . Mr. Betzold advised this item would be on the City Council's agenda for August 3, 1987. � 2. �01'SIDERriTI0I3 OF ' AR �:87-25. BY L4rt� TO C}ini'TER 205.03.55 OF THE FRIDLEY CITY CODE nI,I, '.�I3L£ P�RKIKG STAI.L WIDTH FR0�1 10 FEET TO 9 CH:aF'�1�R 205.17.5, D, Sa. OF THE FRIDLEY CITY CO Sl'RF�C� SET&�CK FRO*1 A STREET RIGHT-OF-k'AY FROrt �I.I.OI� Tt�� CO:CSTRUCTION OF AN .�DDITIONAL P�RhII�G A`:D LOT 14„ AWITOR�S SUBDIVISIOh r0. 78, TNE S, RI�'ER ROaD� 1�tIDLEY, rflh'I�SOTA 55432: TO DECRE:iSE THE A1 r FEET • AA'D PURSU 'T T E TO REDUCF TF H�RD 20 FEET TO 8 ��T TC . LOT ON P.� OF LOT 1 rII: BE IhG O 1 EAST M�TION BY rgt. V�, SECONDED BY l�t. SHEREK, TO OPEN UPON A VOICE VOTE, �LL VOTING AYE, CHAIRPERSON PUBLIC HEARING OPEN A� 8:05 p.m. Ciiairperson Betzold reac� the Administrative ADriIhIS1Rk1TIVE STAFF PORT 5601 EAST R NER R N.E. VAR �87-2 A. PUBLIC PURPOSE SERVED BY REQUJ�MENT: PUBLIC HEARING. DECIARED THE ff Report: Section 205.03.55_requires a 10 foqt wide by 20 foot long area to store one automobile, wh' h has acc�.�s to a public street or alley and permits ingress an egress of an �tomobile. Where�a parking stall abuts a curb o sidewalk the len�� may be reduced to 18 feet. Public purpose rved by this requirement is�to provide adequate roor.► between rge vehicles. Section 20 .17.5, D, Sa, requires that all parkino and hard surface areas be o closer than 20 feet from any street rig�-of-way. Publi purpose served by this requirement is to limit vysual enc achment and avoid congestion. B. ,BTaTED HARDSHIP: We are unable to meet the code required parking. We wish to aii�pw 9 foot by 20 foot stalls to preserve as much landscaping as possible. An excessive amount of property was consumed by the right-of-way. 23 . _ :� � �..',� VAR #87-26 .�_..;.a n; � r►,n.,.,o ' 7B, I ( � j Oefar A �ia�f (ilJo> � If R.ik. � Y/�W � s ��' AL rNK.... -•- /K/ -. E) (�%� �) (� �a � �z �� /= _� �. . 24 �- - �, . • � _ � �1..•.. � - • .- - � . !�O C-AT1� . � IV�A.P ., . -�.'H...�..��r� ... . .�_ . . � .�a... .......�.�°�.s�_ :�:..r� �i F . i �� 0 I �I � �r z ' � t�- � �� VAR..#87-?:4 _ �� _ . _ _ - -- --- - - pi OfI� Change i ' , , � �� ' w (` (2�G�!' VW�� MNN W -�--- Nf W � i4�.�ra� � � ?3%2 �v�NUE N.� (� rx �- �N t�Ui�t"..� s s N+�� K N. 6 s7 �� FG' n'��-t� HN . � '«/� ��'� �/ + w y � .tErv u�T 53 . . G—, "�i � r• r. � -gl. ' ��,''12 4> - �-_ 1 ,, �� + \ � � / „ J' �'"� - N � � � � iI `�" �,"T. / Zg� . � p� e at, � � , � �� / 35 � ��ao e� � � � I • yi�FT � K u �•S � � � �r� � � � � i�� lua' 12o�V� � � �� 1 � — —'�F�` � 1 �" r� �''�� ';}�I � ,a.� r ' �' � � 4 '� I-= -p� � ��l�l � � 1 �> � �� °�'-"{�� '��s I� � i , �. � �I i � , : ,,� ; � � � L __ � � I �o '° , o _ _ ( �t � � Zd =�`� � � �� "o a v � 1 4�� gss� ->2 �� I� N 3� � �, I � � . � � ,� � � �, ; o ii Z3 ' i � � a � 1 I � � � o ►2 � � I N�w � a� � p ' � �S � i o � , , E'`�` ,�i �-,; ��S:.M�' � o � 1 i ►N�.1�.44 . � - , 35� ' ' � . ____�� I r----- �' , �5' _� -81-�' 31P,°��q� =-• i5' - Yt� ts��R , 7.0' E�✓.� =t�!�rj � ��;�Ev E�`>'=. • �,?=- �� L�K �i' r�►� a� -�O � � �ao��J 2 �� . � 73"a �;✓uJUE W. �- . Lo�' �r� •s'� qc,. vs. .75 aG• -b rt�l• � I �'. �= ►�..�N v �l��g7 SITE PLAN Cl2DINAN(E N0. AN CRDINANCE UI�IDIIt SE�CI'ION 12.07 OF THE CITY CHARTER 'ID VACATE SIItEETS ArID ALLEYS AND � ANN�NND APPENDIX C OF THE QTY CODE �e City Co�.mcil � the City of Fridley does hereby ordain as fallows: SECTION l. For the vacation of ea.se�nents for public utilities described as follvws: Lot 4, Block 2, East Ranch Estates Second Addition, described as follaws: (1) a 20 foot drainage and util ity easement aver the West 20 feet � the East 183 feet o� the North 160 feet and (2) the East half of the 30 foot street and util ity a�sement lying west o�f the Fast 200 feet of the North 160 feet, generally located at 7710 Univer sity Avenue N. E. All lying in the south half of Section 2, �30, R-24, City of Fridley, Cot�ty of Anoka, Minnesota. Be and is hereby vacated subject to stipulations adopted at City Cotmcil meeting of July 20, 1987. SEQ'ION 2 �he said vacation has been made in conformance with Minnesota Statutes and pursuant to Seetion 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSID ADID ADOPI'ED BY THE QTY QOUNQL OF THE QTY OF FR IDLEY TH IS DAY OF , 1987. A`L'PF.ST: 3iIRLEY A. HAAPALA - CITY Q,ERK Public Hearing: July 6, 1987 First Reading: July 20, 1987 Seaond Reading: Publ ish : 3/7/4/8 WILL IAM J. NEE - Ng1Y0R lu _ _ cinroF f RlDLEY r�Ei�D �fa : council PLANNING DIVISION MEMORANDUM NEI4D FROM: Jim Robinson, Planning Coordir�tor J�•. I�M7 �ATE: September 10, 1987 R�ARDING: Benson Vacation Staff and legal voimsel has met with Jim Bens�n and Bob Schroer :.o finalize details related to the ABRA lat sp].it and vacation. �e follaain9 pravisions were determined: 1. Bob Schroer will grant an acoess/ecgess easement for the s�uth 50 feet �of the west 115 feet of Lot 4(see plat map easement A) to the City of Fridley or it's assic�ed and; 2. Bob Schroer will reassic�n an existing private aooess/egress easement for the s�uth 50 feet of Lot 5(see plat map easement B) to the City of Fridle� or its assigned and; 3. Both e�9ements wi11 be held by the City of Fridley and may be re�rded at ar�y time in the future as public or private eas�nents (assiqned) at the City's discretian. Should the property previously owned by Machining Inc. and presently the subject litigaticn (see plat map property in question) be turned over to a third party, the above outlined easements would ensure appropriate road aocess to Rancher's Road. Staff is working with legal oounsel to draft the appropriate easements for execution prior to recording of the lot split or issuance of building permits. JLR/c�n M-87-185 e �.ii t � Q 11 � . . . . . , . �� ' . • . • . I � ' : • : . : . . . • ,,,�.:� • '. • �� 1�� , I • • � . • . . ' , �.. .� : ' � .t�ti � ,i � � ' ( , . . ' , _ • �'i► •. }, � �:' Ri' 1' a I� . . � :" . I . 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'i ' : :'°;- EASEI�IEf�'t:1 � .' . � . . - � _ ' � ;�:t- .PROPOSED RELOCATED : _ ._ : � ;- 4� £'``' SEWElt UNE � RETA{NED ; .1 S' EASEMENT , ' ...�.� VACATED EASEMENT r � � � � � . � � g �� l� + . � r. �r � � � ��+ i�i�'a�� ' • � * � � �'� � r-+-+-a-t+ t + + , �.+.� • � t + � +��++a �+a• - .�.�-�--.� � .. _. ._.. � � ' .-� � � �...�J . . ` . . .1":..: ... . f r` .......�.r_�i , . .,`�:. .. �� . f - • ~' � ' � � J • � : �... � ��. r . �L%f� . - . .. • � • Y t _ . � . . � . N • D � • o � � � M i ' r r • . • e �- � . .�. M V w 2 � . K q r M N M O w A A i� w •- • + • • � • • � � t � i u i o s � � F W L' O � R � O Y � � ~ r ~ W < � � j � ♦ SAV �7-fd�+ �' � i � 1 i ' ST I F�.LAI I�S : 1. �VELOPER RESPONSIBLE FCR PLL CASTS ASSOC{ATED WI1}i RELOCATiON OF � 1NCH SAN i TARY SEWER L I f�E . L. I�W UTILITY EASEMENTS TO BE PRO'VIDED ON NORTH AND SOUTH OF PROPERTY TO ACC(�MOLIATE RELOCAT I qV OF SEWER L I I�E . 3, t306 SCHROER WILL GRANT AN ACCESS/E(��SS F1�SEMENT FOR 1HE SOUfH 5I0 FEET CF THE WEST 115 FEET OF LOT 4(SEE PLAT MAP EASEMENT A) TO THE (:ITY OF FR I�EY OF2 I T' S ASS I GNED. 4. t30B SCHR()ER W I LL REASS I GN AN EX I ST I NG PR I VATE ACCESS/EGRESS EASEMENT F OR �}-fE SOUTH 50 FEET OF LOT 5(SEE PLAT MAP EASEMENT t3) TO THE C:1T1f OF F'R I DLEY OR I T' S ASS I C1�ED. 5, tjOTH EASEMENTS W ILL BE HELD BY THE CI TY AND MAY BE RECORDED AT ANY T{ ME I N THE FUTUZE AS PUBL I C OR PRI VATE EASEMENTS (ASS I GNED) AT THE (:I TY' S DISCRETION. CTiDINANCE NO. CRDINANCE Zp ANEND THE QTY �L1E OF THE CITY OF FRILg,EY, MII�IIVF50TA BY Ng1I�I� A(�iANGE IN ZCNIl� DIS�tIQS The Coimcil of the City of Fridley does ordain as follaas: SEQ'ION 1. Appendix D of the City Code � Fridley is amended as hereinafter indicated. SEQ'ION 2. The tract or area within the County of Anoka and the City of FridlEy and described as: Tract B, C and D, Registered Land Survey No. 19, the same being 6520, 6530 and 6536 Fast River Road N. E. Is her�by desicgLated to be in the Zoned District known as C-2 (General Business) , subject to stipulations adopted at City Cotuicil meeting of August 24, 1987. SEC,TION 3. �at the Zoninq Ac�ninistrator is directed to change the official zoning map to shaw said tract or area to be rezoned from Zoned District C-1 (Loca1 Busir�ess) to C-2 tGeneral Busiryess). PASSID AND A.D�PrED BY THE CITY QDUNQL OF THE QTY OF FRII�LEY TfiLS DAY OF , 1987 . WILLIAM J. I�E - Ng1Y0R A'L'l.�ST: 3iTRLEY A. HAAPALA - CITY CLFRK Public Hearing: August 3, 1987 First Readinq: August 24, 1987 Sec�ond Reading: Publ ish : 5/7/ 4/ 1 � ,YZ _. y .�, w. � �. ; . `+� titi U ,\ �A �4' -a � . ._ .. . _ �, � � ' l .5/ /�ti� �hV j O1 �a Z� : � Z� # 8�-a 9A ��3 �a�.s„ _ � : 1 � ` ° -' ��, ' � � 1 fske �, .. . � .-. i�`� : ;J . �� c4�. .f � �„� ..... --^, 4. o �� ;�'�` ' �r�� F � ger '"' � � Kla � : ir-,jE -._1ao f - �� % , ..'. *4 � � ��. �fry' .�C%xIC/ . ' C.a s �y .9..e.Fi � ` �%OO/ �,4t. 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DLEY PLANNING DIVISION MEMORANDUM I�+EM� 7D: Jock Robertson, Cbnm�nity Developnent Director James Bill, Assistant City Manager David Newman, City Attorr�ey IrEND FROM: Jim Robinson, Planning Coordir�tor [�M� O�.TE: August 27, 1987 RF�ARDING: Restrictive Covenant fo�r Freyinger Rezoning On September 14, 1987 the City Council reviewed a request to rezone the property at 6540 East Riv� Road f rctn C 1(Local Business) to C-2 (General Bu�siness) .'Il�e rezoning is being requested by Mr. Ktau�s Freyinger in order to pramote leasing of the existing 3,000 s3uare foot building. In c�onjtu�ction with the rezoning, staff prooessed through Pla�nning Conmission a set of stipulatials whic3� included a provision which restricted the C-2 land use category by specif ically not allawing automotive repai r and servioe-type o�perations. Planning Commission endorsed this and all other stipulations and revomnended appraval to the City Council. Prior to City Council review, staff further restricted the covenant stipulation by restricting the use to those �ses in C-1 pl� restaurant and day care uses. At the time of this re-draf t, it was thought that Mr . Frey inger would be leasing to a restaurant and perhaps a day care facility. Since that time, r4c'. Freyinger has determir�ed that these uses would not be appropriate and that the Iease af the structure would be more difficult than anticigated. Rather than burden the petitioner and the Council with oontinuing requests f or addi ti onal all awed uses under C-2, it woul d be mor e j udi ci ous to specifically spell out th� types of uses which would not be appropriate to the site due to txaffic oonoerns and proximity to residential developaent. Tt�ese uses which shauld be excluded are as follaws: • Automobile agencies selling or displaying new and/or used vehicles, agencies selling or displaying reareatia�l vehicles, autaaotive regair or service stationsR li+quor stores, bars and taverns. Restaurants serving wine and/or beer should be alla�red. I have spoken to the City Attorr�y, �avid Naaman, and he concurs that this method of restricting ir�ppropriate uses would be a more fair and appropriate prooeclire. Mr. Fieyinger has also been ooritacted and he feels that he oould live with the above outlined restrictions. With your v�ncurrenoe I will ask David Newman to prepare the appropriate restrictive covenant for Rlaus' review prior to the next City Council meeting. JI�R/�n I�-87 17 8 . ZOA#87-03 Freyinger and Olchefske �.� —3 --; ----� I __ "— �--,_,� � `� � �a��sa �I' �•�@�E@@�@@� ..,� rrrrrrr � d � s � � ;� � �� . �p! . ��4��1i�� g =�� e9tSR�trar�� e '� W i �) , f W � �� I ( ' ��'�---�: n� — L� �` � �_ � � = �� i O � �.-�-�,��-rb ��d � I 1� ••� . Y �� .__ -id- a 9�� - .o., � OrOtl YiAltl 18Yi � � f ,r i X � �__-� \_�t____ _�_ � -__..''•- _ _ (. ._ ___5��}C;��!`� , �� ;, �., �. �� L�✓ tlitS }I ' ,:,! �I � .. � �i �------�� ' -� (� ^,� � p I C_ : --. � 0 = I M —j w < t--_ < p � i 3 _- o� o ►- �_ � _ � � » �_ ` ., • v � � 6 M s I s J. � . e�� S a;,,: ?�' � i'��'i � = i S 3;r � ..�. � �- - '� � � ► � ! � r� . � \� � ' � j `� 't �� . ```_? � .� � . � .i ~ 1 w r � t' � _ � � a � • � �� • ,,� � s � � , � '� . � � '! � �� ' � 9C . � �_�� L(aA #�(—fdj ST 1 F�,I.AI I ONS 1, PET I T I ONER AC�tEES TO E�CUTE A RESTR I CT I V E COV ENANT AGREEMENT STAT I NG THAT LAND USES UNDER PROPOSED (:—� ((iENERAL tiUS I NESS ) ZON I NG CLASSIFICATION FOR IRACT B AND C, REGISTERED LAND SURVEY N0. 19 IS L IM I TED TO 7HOSE LAND USES PROV I DED FOR I N THE (;—� ( �ENERAL t3US I NESS ) SECTIqV OF THE FRIDLEY LONING CODE EXCEPT THE FOLLOWING WILL NOT BE CANS I DERED PERM I TfED USES ; AUTCMOB I LE AGENC I ES SELL I NG OR D I SPLAY I NG (�EW AND/OR USED VEH I CLES. AGENC I ES SELL I NG OR DI SPLAY I NG RECREAT I ONAL VEH I CLES, AUTCM(71' I VE REPAI R OR SERV I CE STATI ONS. L IGlUOR STORES, BARS AND TAVERNS. RESTAURANTS SERV I NG W I f� AND/OR BEER SHOULD BE ALLOWED. (:C�MPLETE PR I OR TO PUBL I CAT I ON OF REZqV I NG ORD I NANCE. �. PETITIONER AGREES TO REFURBISH BUILDING INCLUDING TRIM PAINTING AND ROOF EQUIPMENT SCREENING. PRIOR TO OCCUPANCY. j. PET I T I ONER A(�2EES TO I NSTALL. A Bt21 CK DI,MPSTER ENCLOSURE W I 1H OPAQUE GF1TE PRIq2 TO OCCUPANCY. 4. PETITIONER AGREES TO INSTALL A PYLON SIGN SIMILAR TO THE KIVERSIDE CARWASH SIGN PRIOR TO Fl.l.l.. OCCUPANCY. 5. PETITIONER AGREES TO INSTALL LANDSCAPING AND AUTCMATIC SPRINI�ING. AS PER (:I TY PLAN QATED �/fd1/t3(. ON I RACTS B AND (; (EXCEPT ALONG WEST EDC� ) PRI CR TO OCCUPANCY. 6. PETI TI ONER AGREES TO I NSTALL LANDSCAPE TREE WELLS. PLANT I NGS, AND I RR I GAT i qV ALONG THE WESTERN ED(� CF ( RACTS B. (;, AND U, AS PER C I TY PLAN DATED (/I01/8( BY OCTOBER jl. 19t�3. (. f'�TITIONER AGREES TO MAKE PARKI NG LOT/DRIVEWAY IMPROVEMENTS i NCLUDI NG CURBING. BLACKTOPPING. SEAL—CQATING AND STRIPING PRIOR TO OCCUPANCY. 8. PETI TI ONER AGREES TO PRO'V IDE J01 NT DRIVEWAY EASEMEIYTS (CONTENT APPROVED � BY STAFF ) FROM TRACT B TO I RACT C AND J 0 I NT DR I V EWAY AND PARK I NG EASEMENTS FRCM TRACT C TO (RACT U, PRICR TO PUBLICATION OF CRDINANCE. EXHIBIT B To BUILDlNG PERMIT No. 19071 '� J� 1 1 � � � �� ► ,; ► ST I FI.LAI IqVS 1. PETITIONER AGREES TO REFURBISH WESTERLY ADDITION TO CARWASH BY ADDING ROOF EQUlPMENT SCREENING AND REFINISHING FACADE (ROOF SCREENING DETAILS BY GWPER-APPRO'VED BY STAFF). WORK TO B� CCMPLETED PRIOR TO OCCUPANCY OF PROPOSED ADDITION. 2. PROPOSED EASTERLY FACING CJVFJ2HEAD DOORS TO BE TAN CC�ORED. 3. PETITIONER AGREES TO PRCNlDE A MASONRY DUMPSTER ENCLOSURE WITH OPAQUE GATE PRIOR TO OCCUPANCY OF PROPOSEQ ADDITIqV. 4. P�T I T I G�(VER AGREES TO I NSTAII. LANDSG4P I NG AND PRON I DE AUTCMAT I C SPR I NI� I NG AS PER CITY PLAN LIATED 7/01/87 ON TRACT D(EXCEPT ALONG WEST EDGE) PR10R TO OCCUPANCY OF PROPOSED ADOITION. 5. PET I T( aNER AGREES TO MAKE PARK I NG L OT DR I V EWAY I MPROV EMENT S I NCL UD ! NG SHIFTING OF WESTERLY DRIVE FIVE FEET EAST. AND (�EW CURBiNG. BLACKTOPPING AND RETA ( N I NG WAI..L AS i ND I CATE D ON C I TY PLAN DATE D 7/ 0 I/87 PR I OR TO OCCUPANCY OF PROPOSED ADDITION. Q21VEyJAY AND RETAINING WALL DETAILS BY CWf�ER PR I OR TO BU I LD I NG PERM I TS. 6. PE7I TI ONER AGREES TO EXECUTE J01 M' DRIVEWAY AND PLANTI NG EASEMENTS (CONTENT APPRONED BY STAFF) FRCM TRACT D TO TRACT C PRICR TO PUBLICATION OF ORDlNANCE. 7, P�TITIONER AC-ftEES TO EXECUTE A RESTRICTIVE COVENANT AGREEMENT STATING TNAT LAND USES UNDER PROPOSED C-c (GENERAL BUSINESS� ZONING CLASS I F I CATI ON FOR TRACT D, f�Gl STERED LAND Sl�2VEY N0, 19 I S L 1M I TED TO ALL LAND USES PRCIV i DED FOR I N THE C-1 ( Loc� Bus I NE ss ) SE CT I ON OF THE FRIDLEY ZONING CODE PLUS FUEL DISPENSING AND CAR WASH USES WlLL BE CONSIDERED AS PERMITTED USES. 9E C�tDINANC� N0. AN CIRDINANC� UI�IDER SDCTION 12.07 OF THE CITY CHARTER � VA�ATE SZREEIS AI�ID ALLEYS ArID TO AN�ND APPII�IDIX C OF THE QTY aODE �e City Council of the City of Fridley does hereby ordain as follaws: SEC�PION 1. For the vacation of an alley described as follaws: Vacate the 12 foot alley in Block 5, Hyde Park, lying North of the South line of Lot 22 extended Easterly and South of the North lirie of Lot 30 extended Easterly. All lying East o� and adjoining Lots 22-30, Block 5, Hyde Park, generally located between 61st Avenue and 60th Aveue and between 3rd Street and University Avenue. All lying in the ryorth half of Section 12, Z�30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to stipulations adopted at City Council meeting of . SEC.TION 2 �he said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be s� a¢nended. PASSID AND ADOFrID BY THE CITY QOtJNQL OF THE QTY OF �2IDL EY TH IS I]AY OF , 198'7. A`L'I'EST: 3�IRI,EY A. HA�PALA - CITY Q,II2K Publ ic Hearing: August 24, 1987 First Reading: Seoond Reading: Publ ish : 3/7/ 4/ 12 WILL IAM J. 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' � ;� _ � }�,� ' . .�� 3 � �� t i'' • +�t� . . j: �� t � � � �'±' . �a� � .`��: � � � *� �i � � � t� f> - "m'u+��.�` . �1' ':} ;�'Y �j � '� •�� ,�<.�,3.... . - � , �.; � � � � i�i��R { ��,� ' .�:. - � f__ � ."3 � �:•i . 1?-� �� l r. Y� � � '� ,,y .,i�� "� �` i � � , ��f r � ��..r .r� � , � �� f ;� ( � ;�jt , r � ' b , , . ^ `�a � �:� 'f D.."3` 5 F,.�, fa�t ( - .'q � S . . , i`�_ ' . � s 1 _ �'" �' i ��._ . , ,: , Qi'��i.',-�i�'. ST IFI�AT IqVS l. A UTILITY EASEMENT TO BE RETAINED OVER THE ENTIRE PORTION OF VACATED /V..LEY . 2. GARAGE CANSTRUCTION ODNTINCENT UPON LETTERS FROM ALL UTILITY COMPANIES ALt_GWING A SPECIFIED DISTANCE OF ENCROACHMENT INTO RETAINED UTILITY EASEl�IEM. 3. GARACf CONSTRUCTI ON (�NTI NCENT I�ON PASSAGE OF A RESOLUT I ON BY COUNC I L AUTHOR I Z I NG A SPEC I F I ED D i STANCE CF ENCR(�A4MENT I(�fTO RETA i I�ED EASEMENT � 4, PETITIONER TO ESCRCW FUVOS WITH PUBLIC WORKS DEPARIMENT SUFFICIENT TO CAVER CURB WORK FCR PROPOSED GURB CUT ON 3RD STREET. 5. Q,MPSTER TO BE FU1Y SCREEIVED. 11C CITY OF FRIDLEY PLA�dP�It�G COt'Ih1ISSI0�� 1EETING, AUGUST 26, 1987 CALL TO ORDER: Chairperson BiTlings declared the August 26, 1987, Plannina Comr�ission meeting to order at 7:30 p.m. ROLL CALL: � I�er�bers Present: Steve Billings, Dave Kondrick, pean Saba, Donald Betzold, Richard Svanda ��1er�bers Absent: Sue Sherek Otliers Present: Jir� Robinson, Planning Coordinator Jock Robertson, Comr�unity Deve]opment Director Artiiur Lei ghton, 4500 t�1af n St. I�. E. , Rubber Research Terry t�arti nson, 450Q tlai n St. tJ. E. , Rubber Research Roy Goranson, City of Colurnbia Heights, 590 -40th Ave. (�.E. Linda Fisher, Larkin, Hoffman, Daiy & Lyndgren Ken Belgarde, 7841 Wayzata Blvd. APPROVaL OF AUGUST 5, 1987z FLAtdfJItJG COt�t�1ISSI0N MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO APPROVE TXE AUGUST 5, 1987, PL.�"JNIIJG COMMISSIOIJ MINUTES AS WRITTEN. • UPON A VOICE' VOTE, ALL VOTINf', AYE, CHAIRPERSON BILLINGS DECLARED THE MOTIOIJ CARRIED UNANIMOUSLY. 1. PUBLIC HEARII�G: CO�JSIDERATIOfJ OF A SPECIAL USE PER�1IT, SP #£37-16, QY aBER RESEARCH: Consi eration of a Special Use Permit, Sp #87-16, by Rubber Research Elastomerics, Inc., per Section 205.i8.1, C, 9, of the Fridley City Code to allow exterior storage of materials and equipment on part of Lo�t 1, Auditor`s Subdivision tJo. 79, the same bein4 4500 t4ain Street N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. SVANDA, TO WAIVE THE FOR1dAL READZNG OF THE PUBLIC HEARING NOTICE AND OPEN THE PUBLIC HEARING. UPON A VOZCE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED AND THE PUBLZC HEARING OPEN AT 7:31 P.M. 12 Mr. Robinson stated this property was located on the west side of �4ain Street. The cor�pany took occupancy (7ast year}�f the southerly five acres of the CECO Corporation, which was approximately ten acres in size. The pro�erty was zoned heavy industrial, F�-2, and was surrounded on the west side of �1ain Street by other industrial proFerty and single family on the east side of t1ain Street. 12A PLA�J�JI��G COM�IISSIO�� 4EETI(�G, AUGUST 26, 1987 PAGE 2 Mr. Robinson stated that earlier this summer, a Staff person, Daryl �lorey, noted that tl�ere was outside storage of materials at the site without the benefit of a special use permit. Since that time, the owners of the property have voluntarily applied for a special use permit. P1r. Robir.son stated there was an existing metal building at the extreme v�est enci of the site. The rest of the pro�erty was open. There ►•�as a concrete block ��all interruoted by a cyclone fence in the center with slats. The block ��all was app�roximately 8 ft. high, and there was about 150 ft. of grassy area on the east end of the site. The storage material at this time was approximately 12 semi-trailers which were stored approximately in the middle af the site and approximately 100 - 55 gallon drums toward the western end of the site. f-1r. Robinson stated Staff had some concern about the contents of those drums and that was checked out by the t�1PCA. They had received a nemo from Greg Berger describing the materials stored there as non-hazardous. This was obtained from an inspection at the t�inneapolis site, and it was promised that the �1PCA woul d i nspect ti�e drur�s at the Fri dl ey si te al so. He di d not know the status of that inspection at this time, but it �ras his understanding that these were the same barrels that were transferred from the Plinneapolis site from which the company moved last fall. Mr. Robinson stated that last December, a building permit was issued to the company which included a few stipulations: (1) there be a watermain loop at the tir,�e of the next building expansion (Rubber Research does have plans for expansion). (2) landscaping and hard surface parking with curbing to be installed by June 1, 1988, or with new office building, whichever comes first. (3) automatic sprinkling for front lawn to be installed with landscapina per City's plan (part of Planning Corrxnission agenda). Mr. Svanda stated that earlier this year, there was a fire at this location. What was the cause of that fire? Mr. Arthur Leighton, Vice President of Rubber Research Elastomerics, Inc., stated the fire started in some finished goods that were put into cardboard containers at too high a temperature and consequently the rubber caught on fire. This fire was inside the facility. Mr. Svanda stated there had also been a fire at the �1inneapolis site, tJhat was the cause of that fire? Mr. Leighton stated the fire at the �4inneapolis site was currently under liti- gation. It was the company's allegation that a sprinkler company,in atter�pting to thaw out the sprinkler system with a blow torch, ignited the wall and the building burned down. Mr. Sillings asked what type of business the company was in. 12B PLAtdf�If�G COM�1ISSIOtJ t�IEETIt�G, At1GUST 26, 1987 P�GE 3 1�1r. Leighton stated they make base rubber compounds for the rubber industry, specifically they sell rubber that is used to modify GAF asphalt and shingles, they se11 the rubber that is found in hardware stores for caulking. He stated their rubber was used for pressure sensitive adhesive tapes, etc. They do not make any finished goods. Mr. Billings asked if there were any odors associated with this business. Mr. Leighton stated that generally there were no odors. They do use petroleum products, some of which have what is described as a"sweet odor". At their tlinneapolis facility which operated for 25 years, and now at the Fridley si-i;e, they have not received any complaints about odors. There was an odor that �•�as occasionally detectable inside the facility, but not outside the facili��. Mr. Billings stated iie was on the progressed to the western edge of co�ing out of the large door. northern portion of the site and as he the site, f�e could sme11 a s►veet ordor (�1r. Leighton stated t��at was the odor of natural rubber which was com�ounded at their Fridley facility for shipment to their Babbitt tire recycling operation. Mr. Billings asked f�r. Leighton if he could give an estimate of hoa� many days per year they would be making that particular product. Mr. Leighton stated that, assuming 250 manufacturing days in the year, he would expect they ��ould be making that particular product approximately 100 days. Mr. Billings stated that at Main Street, he did not detect any odor, and on the particular day he was at the site, the wind was coming from the southa�est. He did not ti�ink that occasional odor would be a big problem. P1r. Robertson stated he would like to ask the representatives of the company if they have any hazardous materials on the site at this time or if they plan to have any hazardous materials on the site with the expansion in the future. Mr. Leighton stated they do not generate any hazardous waste and the letter supplied to the City from the MPCA stated there were no hazardous materials at the Minneapolis site. They have introduced no new materials to the Fridley site that they have not had at the Minneapolis site and do not contemplate having any hazardous waste or any hazardous materials on the site. Mr. Betzold asked if the company had any evidence of break-ins or vandalism since the company moved to the Fridley site. Mr. Leighton stated they have not. Mr. Robinson stated the screening of the storage yard was fairly good exceot for the cyclone fence that was slatted in the middTe. 12C Pl.ANtJIIJG COMt1ISSI0PJ P1EETI�JG, AUGUST 26, 1987 PACE 4 Mr. Robinson stated he had a conversation with an architect who is workinq for Rubber Research, and he gave Mr. Robinson a good description of the development plans. It was a growing company, and they do have a priority to build a warehouse facility of 10-15,000 sq. ft., primarily used to store the barrels inside. They would like to continue to leave the trailers outside. They also plan to build some lab space and office space. The Planning Commission might want to consider a time frame for the construction of that warehouse. � P�r. Leighton stated he had plans available for the proposed expansion if the Planning Cor,mission members were interested in looking at them. He stated tl�ey hope the expansion will occur some time next summer, based on recent projections. t�lr. Billings asked about the semi-trailers that were stored on the site. Mr. Leighton stated these were old unroad-worthy trailers, used to store raw material and materials that need to be reworked. Mr. Kondrick asked Mr.Leighton if those trailers would be removed from the site when the expansion was completed. Mr. Leighton stated they do not foresee the absolute elimination of the trailers, simply because of the nature of their business. They are eseentially in the recycling business. The tire recycling they do gains them some press, but the business they have been doing for 25 years was recycling rubber. tJormally, they get in truckloads of material, they have to go through that material and winnow out that which is salvageable or recyclable and that which is trash. At any one time, they will have trailers on the site. He would assume the storage trailers would disappear once they have the storage warehouse; however „ because of the nature of their business, they would be receiving truckloads of material. These would not be stationary trailers. Mr. Billings stated he had noticed that some of the grassy area toward the east end of the site inside the fence had some very high weeds. Does the company periodically mow the lawn and maintain the site? Mr. Terr;� Mortenson stated CECO Corporation was still storing some materials on the property and until those things are removed, it would not be a good idea to be running a lawn mower through there. They ��ill be maintaining that part of the property. The Planning Commission members took a few minutes to look at the company's future plans for expansion. MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO CLOSE THE PUBLIC HEARING. UPON A VOZCE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC HARING CLOSED AT 7:55 P.M. 12D PLANNItdG COMMISSION MEETING, AUGUST 26, 1987 PAGE 5 Mr. Robinson stated that if the special use permit was recommended for approval by the Pianning Commission,he would suggest that the three stipu- lations he had meniioned earlier be put on the special use permit. The Planning Commission could change the date of June 1, i988, to Octoberl, 1988, to give the company a little more time. Mr. Billings stated that since they do not have a timetabie far the construc- tion of the storage building, maybe they shouid add a stipuiation requiring gravel and/or crushed rock in the relocated storage area with the provision that tt�e City review the special use permit in one year to monito r the progress of the inside storage facility. IGOTION BY MR. BETZOLD, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERINIT, SP f�87-16, BY RUBBER RESEARCN ELASTOMERICS, INC., PER SECTIDN 205.18.1, C, 9, OF TNE FRIDLEY CITY CODE TO ALLOW F.XTERZOR STORAGE OF MATERIALS AND EQUIPMENT ON PART OF LOT 1, AUDITOR'S SUBDIVISION NO. 79, THE SA13E BEING 4500 MAIN STREET N.E., WITH THf. FOLLOWING STIPULATIONS: 1• Provide a water main•loop �t the time of' the building expansion. 2. Provide a 1an�scaping and hard surface parking 1ot and driveways with curbing. 3. Automatic sprinkling for front lawn to be installed with landscaping as per City's p1an. 4. Provide crushed rock or ssp�alt in the relocated storage area. 5. Stiac�lations to be accomplished prior to October 1, 1988, or prior to occupancy of the new building, whichever comes first. 6. S�ipulations of the 12�22/86 bUilding permit to be extended to October 1, 3988. - UPON A VOICE VOTE, ALL VOTING AYE, CHRIRPERSOlJ BILLINGS DECLARED THE MOTION CARRIED UNANYMOUSLY. Mr. Billings stated the special use permit would go to City Council on Sept. 14. 2. CO��SIOERATiO�� OF RECODIFICATIOt� OF THE FRIDLEY CITY CQDE 70 ALLOt•1 COMt�ERCIAL ESTABLISHME�JTS I�� OFFICE/WAREHOUSE QEVELOPMENTS: Mr. Robinson stated that as a follow-up to the discussion at the last two Planning Commission meetings, Staff had prepared a draft in ordinance form for first reading of the recodification of the M-i and ��I-2 zones and also the definition section of the Zoning Code which deals with ailowing some lir�ited commercial businesses in office/warehouse type of developments. He reviewed the drafted ordinance with the Commission members. Mr. Robinson stated Mr. Dave l�ewman, City Attorney, had reviewed this draft and Mr. t�ewman felt there should be a redefinition of Class Ii restaurants, also a change in the definition of "Commercial Recreation". Originally, Staff's thought was to limit commercial recreation to health clubs and g;�nasiums but apparently that v�ould not be a�r.tanageable soiution in that there real�y was no reason to make a distinction between health clubs and billiard hails or bowling alleys. 12E PL��NtdifJG C0��1P4ISSION MEETI�JG, AUGUST 26, 1987 PAGE 6 Mr. Billings stated that if, for example, a large development decided they needed a"Rapid Oil Change" operation or a"Firestone Tire Store" to service their employees, how would this fit inta the "Commercial retail and service usAs,,, within office/industrial mixed use buildings which are supplemental to and for the convenience of the operation of the zoning district and which provides goods and services which are prfmarily for the use of persons employed in ti�at di stri ct. . . "? 11r. Robinson stated an argument could certainly be made to that effect; however, the limitation of size and signage would r�ake it prohibitive for such an o�eration as described by �4r. Billings. Mr. Billings asked ��I�o made the determination on "which provide goods and services which are primarily for the use of persons er�ployed in that district.."? ��r. Robinson stated t��at once the special use permit was granted, that would be a staff determination in the process of monitorinq each tenant's occupancy. f�e stated the buildings really did not lend themselves to that type of operation. ��r. Rot�inson called the Corrmission's attention to the City of Roseville's Zoning Code, Permitted Uses in 6-4 Retail Office Service Districts". I�e stated that apparently the City of Roseville created a new district wl�ich they are utilizing in their redevelopr►ent areas, and it seemed to be specifi- cally directed at the service economy... The uses permitted were r�edical and dental services; offices, business, and professional; private clubs or lodqes; motels and motor hotels; mortuaries; research, design and develo�ment establish- ments; restaurants over 5,000 sq. ft. in area; banks and financial institutions including drive-in facilities. As discussed in the Fridley draft ordinance, Roseville also allowed health clubs; bowling alleys; blueprinting and photo- copying establishments; catering establishments; clothinq and costume rental shops; linen towels, draperies, and similar supply services; orthopedic and medical appliance stores; pet shops; recording studios; manufacture of elec- tronic equipment and medical instrumentation devices. It also allowed certain tliings with special use permits on an individual basis such as office service building ; retail sales and service structures; automotive type uses; construc- tion trade and operations; v�holesale businesses (provided the area allocated to storage not exceed 500 of the total floor area of the building); exterior storage of trucks; public utility facilities; automobile service stations; printing shops; off-sale liquor stores not located in shoping centers, etc. Mr. Robinson stated one of the more interesting sections in the Roseville Code was that each building built in ihis district requires a special use permit regardless of what was intended to go into the building. At that time, all the site development, proper landscaping, etc., was critiqued by the Planning Commission and City Council. After that, if any of the uses cited were desired to be part of the building, then an additional special use permit would be required. h1r. Robinson stated if Fridey was to use the type of system Roseville was using, they would be creating a new zoning district and would have to go back and rezone a11 the existing office/warehouse developments. It would be feasible but certainly more time consuming. The benefit might be that it 12F PLAi��ItlG COM�IISSIOi� I•tEETIIJG, AUGUST 26, 1987 PArE 7 might open up new areas for the use of these structures by various other commercial � businesses. � ��r. Billings stated the Roseville ordinance certainly provided an entirely different appraach than what the Planning Commission had been ]ookiru� at for the last couple of �reeks. What was the feeling of the Planning Cor��ission in light of t�iis potential philosophical change? t1r. Sa�a stated it was possible that the uses would change over several years to be nore of a retail complex and get away from the industrial charecter. t1r. Ro�inson stated that in looking at the tenants in the various office/ warehouse buildings, a number of ttiem were very much retail-oriented (retail shoti-�room or retail r�arehouse). This change.in the ordinance would open up the market to a larger�vari�ty of retail operations. t1r. Robirison stated at the last meeting, the Planning Corimission set a public {�earing for lded., Sept. 16. The Planning Commission had also requested that public hearing notices and the proposed ordinance be sent to anyone v�ho has or is proposing an officel�varel�ouse development in the City. Ne stated Dave t�ewman had recommended that Staff talk to the Chamber of Cor�r�erce and either attend one of their meetings or invite them to the public hearing in order to get the Chamber's input also. Mr. Betzold stated Staff should make the City Council aware that there is a second proposal, and this could be brought out at the public hearinq to see if there is any interest in it. Mr. Billings asked Ms. Fisher or Mr. Belgarde if they had any stat2ments to make regarding the pr000sed draft ordinance. Ms. Fisher stated they have been monitoring the progress of this ordinance and have provided some information to City Staff in preparing the ordinance. She stated they had reviewed the draft in pretty much the same form as the Planning Co�ission had reviewed it; however, they had not had a chance to revi ew tt►e Rosevi 11 e al ternate. • She had worked wi th tiie Rosevi 11 e al ternate because she has represented developers in Roseville, but she did not know whether Mr. Belgarde a�as familiar with it. Ms. Fisher stated they would like to complement Staff and Planning Commission on their deliberations in this matter. She believed that if the ci�anges were made in the ordinance to allow, under certain circur�stances, comnercial type establishments in the industrial district, it was going to be an overall benefit to the conmunity in terms of marfceting mixed use buildings. She also believed the restrictions in the draft ordinance which were extensive were definitely going to limit the type of uses that might be coming up. The parking restrictions were going to make it difficult for an existing office/service center project to allow a major commercial user and still meet parking requirements. 12G PLANtJItJG COP��4ISSIOtJ MEETIIJG, AUGUST 26, 1987 PAGE 8 Ms. Fisher stated they �•+ere generally comfortable with the ordinance as presented by Staff. 14r. Belgarde did have a question on the hours of operation, and they would like to discuss that with Staff. Ms. Fisher stated Staff could provide the Commission information on the benefits or disadvantages of the Roseville ordinance, but she thought if the City was io go uith the text of that ordinance to create a new district and were then to wait for a developer to request a rezoning, if the developer has an existing development and has a tenant that might fit into the develop- ment, the City might be setting up a fairly cumbersome procedure that might discourage a lot of good tenants the City might wish to have. As the Commissioners kne�•�, the City's rezoning process was long, and there were not going to be very many tenants that were going to be able to wait for that lengthy process. For example, with East River Road Business Center, if Mr. Belgarde had to start a rezoning process after the first of the year when t��e City adopted a new ordinance, it was really questionable whether he would go through tiiat process. Also, whenever there is a rezoning, the developer had a ciifferent burden of proof legally than he/she does with a special use permit and it was more difficult because the City ►rould have to look at the plans, etc., and she just thought there were a nurr� er of restrictions. She was not saying the Commission should reject the Roseville ordinance, but it would be creating a much different animal. Roseville was creating a whole ner� redevelopment district, and Fridley already had a redevelopment district. Mr. Kondrick stated he would like to recommend that they change the hours of operation in the drafted ordinance from 6:00 a.m. to 9:00 p.m. to 6:00 a.m. to 10:00 p.m. Mr. Robinson stated that t�lr. Newman had also suggested that imposing hours of operation might be an unnecessary hardship, and the hours of operation might be able to be eiiminated completely from the ordinance. i�lr. Billin3s stated there was going to be a public hearing, and he felt they shou�d leave the hours of operation in at this time so they can be discussed at the public hearing. Mr. Robinson stated he would send copies of the proposed ordinance to interested developers, the Chamber of Commerce, etc., with a cover letter signed by the Planning Commissio� Chairperson inviting them to the Sept. 16 public hearing. Mr. Robinson stated the public hearing was to get input on the proposed drafted or�iir,ance, and the Rose ville ordinance did not need to be discussed at that time. Mr. Robertson stated the Roseville ordinance had been provided to the Commissioners for informational purposes showing a completely different approach. 12H P�[,.At�NI�tG �OtfPtISSION t1EETIP�G, AUGUST 26, 1987 PAGE 9 3. RECEIVE JULY 9, 1987, HOUSING & REDEVELOP�IEP�T AUTHQRITY MItJUTES: MOTION BY MR. BETZOLD, SECONDED BY MR. KONDRICK, TO RECBIVE TKE JULY 9, 2987, HDUSING 6 REDEVEIAPMENT AUTHORITY MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLAF2ED THE MOTION CARRIED UNAIJIMOUSLY. 4. RECEIVE THE AUGUST 3, 1987, PARKS & RECREATION COMMISSIOtJ MItlUTES: MOTION BY !9R. KONDRICK, SECONDED BY MR. BETZOLD, TO RECEIVE THE AUGUST 3, 1987, PARKS 6 RECREA TION COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLIN65 DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE AUGUST 11, 1987, APPEALS COMf�IISSIOPJ MIt�UTES: MOTION BY MR. BETZOLD, SECONDED BY MR. SABA, TO RECEIVE THE AUGUST 11, 1987, APPEALS COMMISSION MINUTES. Mr. Betzold called tfae Commission's attention to the Proposed Variance Informational Handout to be given to people requesting variances which explains to the petitioner wliat is required in the variance process. He stated Mr. Herrick, the City Attorney, 6ad revie��ed it and felt the handout contained nothing technically wrong. This handout was now going on to the City Council for approval. Tl�e Planning Commission members felt the handout was an-�excellent idea. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURtIME��T: MOTION BY MR. KONDRICK, SECONDED BY MR. BETZ'OLD, TO ADJOURN THE 1�IEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE AUGUST 26, 2987, PLANNING COMMISSION MEETING ADJOURNED AT 8:50 P.M. Respectfully sub itted, �1c.G y Sa a Recording Secretary �� , , � a�� . �� .� _r �/' /�%�� / �� ✓Lf.a-!h /�oy �or��5on , � , !�.� G'�-�x- .�'L��-�-_ � �� 121 a �, /�� 7 _ ---- C'a __ �-/S" o,�,4 i,v 57 ,cJ• F.�j�v 3��f' /�f5� ,4�� ,! `�S � � �IA�'N ST� /�U !�/Sr i( �PSPA �C C �l � %T� s � �ol .y��rs -s9� � �o'-� .�� y, �, /�Uo �.�--�- � -� � ��; � i�.�,� r�._� . �-� ��4 � � � -� � , � c � l �;, :�.,.�,,,}� � � - � z � W � s�r' O �-------2------- � i � � � O t�n � 2 - � J � � i � ; m �-26/'- �` s �q � � , h /�) :j � �� Q � , �� o . � o 0 � � � i_, � -- ----- V 3 — S�/' �o• � #8�-z6 12J � r � i-*It �:y,, g.,r. �:l , � it'r. = i-�. p 3 iW�4.'t�._ _ � F.:�y.l-7.8-7/ LOGATtON MAP . _ •,�� -�..�..�..,.� . ^}� �t r �Y.F �; �iI am,._ i1N • I�r M� • n� .. ,.... . � w i�Y� r1 .ti� w A.r•iw N/k I :_._..._ �_ . . � . _. �''_'_� -- -„�;� - -- •!/.��.�' � �.#8,-16 12K �r x�s�� _� � - - _� - _ j •.t ��.. . ; lI I �` N � ` �L � �l � �C � � � `W C '� �I <) � ;Ip- � 7 �C � � i , �', ;,, �:�.� ,. •,o... .... �. ,- - :rr.a,--. �L — SITE PLAN � _ No�rii 3 - H�UCBERRY 3 " IS + 6 � � 0 � S I 1 � � � � �•I'�� 3 � �� . �_ � 3' 6eKn -� �' �U?uR� z'foRr P�RKiN� - � R�- io'sTal�. i� ;� — — i t '. �� _.-- -- -- , .��`'; , /�.� _ i L�c __-_ ; � 0 ��■ 7 SP #87-16 Rubber Research 4 ►St,�4,c. B;�` RbRY 7 GP.�En �}�N ;S " � + $ I � \ �� 1 , �l� I. � � �� ' � ' � � �`^ V \ I � i � V L , � l �� I ��7 i ` 1 � i �\ , i 'f ' ! � .I - �� , Lq w+v��nt ��+6 �vz� b•6 Zl1�B�R R�S��" E�sTo��RS, �n�. �-��D.�4.P�y...f'�._.... ---a-- - _ 12L — Zp �oLOItiAC � :�l.s' �. :",� i 7' (S 1 F� � ,_ q - nUVko PinE � z�' � - :. - .` �{ - SPfKE.F : h1�1 `' , :_�;t� . � 3 Fa1 . / � .� y��. J' ��r' b�� g� �, f�,��, Sh' �31-16 . ,. , . � _�%�� ► _ .�!1■ ! s_ Ill_� A 5�� 1. PROVIDE A WATER MAIN LOOP AT THE TIME � THE BUILDING EXPANS(ON. 12M �. PRaNIDE LANDSCAPING AND HARD SURFACE PARKING LOT AND DRIVEWAYS WITN CURBING, j. AIJTCMATI C SPRI NIQ_ i NG �OR FRONT L/WJN TO BE I NSTALI.ED W I TH LANDSCAP I NG AS PER CI TY' S FLAN. 4. PRONIDE CRUSHED ROC1C OR ASPHALT IN THE RELOCATED STORAGE AREA. 5, STI PI�AT I ONS TO BE ACC(�IPL I SHED PR I OR TO UCTOBER 1, 19tS�3, OR PR I OR TO OCCUPANCY OF THE M1EW BUILDING, WH(CHEVER OCriIES FiRST. 6. ST I PI�AT I ONS OF �l-IE 11J�11/ri6 BU I L.D I NG PERM I T TO BE EXTENDED TO UCTOBER 1, 1y88. APPEALS CO�MISSION MEETING, AUGUST li, 1987 YAGE 3 Mr. Mackey indicated that the garage addition was intended to house a van, which is currently kept outside or stored at a di£ferent location. The three-season porch is for added space to the kitcnen off the ack side of the house. This cannot be located in a different area. he house is a multi-level house and tnere is no other place where porcn would fit. There is currently a small deck but it is not use le because it is only four feet. The backyard is wooded and also has w 6round with a terraced wall. Basically, the addition of the thre -season �orch would mean that the current roof would be extended appro mately 3� feet. Mr. Mackey provided blueprints of the properiy for the ommission's review. MOTION by Mr. Barna, seconded by Mr. Sherek, to cl�se the public hearin�. UPO� A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON�TZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:42 P.M. Mr. Barna stated that he could see the har hip caused by the way the house was positioned on the lot. While t is was nice in the be�ir►nin�, it now creates problems. The lot is al an odd shape. If the house were parallel, there would probab2y b no need for a variance. Also to be considered is the individual's li style and the neighborhood. Mr. Barna considered the request valid. Ms. Savage agreed. The additio meet the spirit of the code in that they fall within the aesthetic considerations that tne coae is consiaered about and enhance the appear ce. yr. SY�erek found the requ t acceptable. Mr. Betzold agreed. T� additions would fit in with the property anu the neighborhood. � MOTION by Mr. Bar , seconded by Ms. Savage, to sRProve � RIANCE REQUEST, VAR ��87-28, BY WILLIAM MACK�Y, YUKSUAN'1' TO CHAPTER 205. 7.03, D, 1, OF THE FRIDLEY CITY CODE, TO REDUCE THE FRONT' YARD SETBACK OM 35 FEET TO 28 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION TO HE GARAGE; AND, PURSUANT TO CHAPTER 205.07.03, D, 3a, OF THE FRIDLEY CI CODE, TO REDUCE THE REAR YARD SETBACK FROM 28 FEE'1' TU 15 FEET TO ALLOW HE CONSTRUCTION OF A THREE-SEASON PORCH, ON LOT 3, BLOCK 3, INNSBRU NORTH ADDITION, THE SAME BEING 5660 ARTHUR STREET N.E., FRIDLEY, MINNE TA, 55432. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLAREll THE MOTION ED UNANIMOUSLY. � 2.T CONSIDERATION OF A VARIANCE REQUEST, VAR #87-29, BY GREGORY MORTENSON, PURSUANT TO CHAPTER 205.07.03, D, 2a, OF THE FRIDLEY CITY CODE, TO H�llUCE THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 6 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL LIVING SPACE ON LOT 3, BLOCK l, HEATHER HILLS SECOND ADDITION, THE SAME BEING 6i9i KEKRY LANE N.E., FRIDLEY, MINNESUTA, 55432. Mr. Clark stated that a problem has arisen regarding this variance whicn has been discussed with the petitioner. The house and garage is not Iocated on the lot where it was thou�ht to be. When a preliminary site review was made, it was determined there probably was an error in the 13 7 13A APPEALS COMMISSION MEETING, AUGUST 11, 1987 YAGE 4 original location of the house. This was confirmed by a survey. Therefore, the variance would be 4.4 feet rather than that stated in the handout. In discussions with Mr. Mortenson, it may be possible to jog tne addition so it would be in excess of S feet from the lot line. Also on the same property, a 12-foot easement exists � 6 feet on this lot and 6 feet on tne neighboring lot. Council action is required is allow encroachment on an easement. It is likely that the Council will ask the petitioner to get this vacated• Mr. Clark has checked with the Engineering Department, and they stated they see no real need for the easement at this time or in tne future, so it is possible that the easement will be vacated. This process takes quite a bit of time. The Council could allow a temporary encroachment or an encroachment for as long as it takes to get the easement vacated. Mr. Clark has given Mr. Mortenson a Petition for Vacation of Easement which should be signed by the time the commission considers the variance request with the corrected sideyard setback. The petitioner was asked to attend the meeting at this time so that the commission members could hear any comments from neighbors to the proposed variance. No neighbors have come to the meeting, so it is assumed there is no objection. The commission cannot take action on the variance request at this time. The variance request will be republished for discussion at the September i meeting. PfOTION by Mr. Sherek, seconded by Ms. Savage, to table consideration of VARIAtiCE REQUEST, VAR #87-29, BY GREGORY MORTENSOiv, PURSUANT 'TU CHAPTER 205.07.03, D, 2a, OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIRED SiLE YAKll SETBACK FROM 10 FEET TO 6 FEET TO ALLOW THE CONSTRUCTION OF ADDITIOI�AL LIVING SPACE OI3 LOT 3, BLOCK 2, HEATHER HILLS SECOND AllDtTtUN, THE SAME BEING 6191 KERRY LANE N.E., FRIDLEY, MINNESOTA, 5543L, so that the reqc�est can be republished with chanbes for the next meetin� of the Appeals Commission. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLAREll THE MUTIOh CARRIED UNANIMOtiSLY. 3. OTHER BUSINESS a. Proposed Variance Informational Handout Mr. Barna indicated that people are confused by legal hardship and felt it beneficial if some examples of hards � explanations could be given. Mr. Clark stated that this is icult to do because of varying factors including the nei orhood, objections by neighbors, and also the final decision as de by the City Council. Mr. Clark indicated he talks with th persons making variance requests and tries to explain wha 's required. asis. i vage agreed that this almost needs to be done on a case by case CITY OF FRIDLEY 13B APPEALS COPI�IISSIOP� t4EETIP�G, SEPTEPI6ER 1, 1987 CALL TO ORDER: Chairperson Betzold called the September 1, 1987, Appeals Commission to order at 7:30 p.m. � ROLL CALL: ��embers Present: Donald Qetzold, Alex Barna, Jerry Mer�bers Absent: Di ane Savage k, Kenneth Vos Otliers Present: Darrel Clark, City of idley Isabelle Jordal, 6 Woody Lane N.E. Gregory Mortens , 6191 Kerry Lane David Harri 70 Rice Creek Blvd. Janice W en, 3530 Skycraft Drive, St. Anthony APPROVAL OF AUGU'. 1, 1987, APPEALS COt1MISSIOtJ t/IF�UTES: ing MO�:.D.: BY . BARNA, SECONDED BY MR. SHEREK, TO APPROVE TNE AUGUST II, 1987, APPEAL 0l�MISSZON MINUTES AS WRITTEN. j/PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED TNE MOTION CAFZRIED UNANII•;OUSLY. l. CO�JTIWUATIO�J OF A VARIANCE RE UEST, VAR #87-29, BY GREGORY P10RTENSOPJ, PURSUAtJT TO CNAPTER 20 .0 .03, D, 2a, F HE �RIDLEY CITY CODE TO REDUCE ' RE UIRED SID B K EE f� �S R C IOW DI IOJ � SP E , Q K, H NER HILLS SECOWD ADDITIOtJ, THE SA�1E BEIP�G 6191 KERRY LAP�E tJ.E., FRIDLEY, MINPlESOTA, 5432. MOTION BY N.R. BARNA, SECONDED BY DR. VOS, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN A2 7:32 P.M. Chairperson Betzold read the Administrative Staff Report: ADMIPJISTRATIVE STAFF REPORT 6191 KERRY LANE VAR #87-29 A. PUBLIC PURPOSE SERVED BY REQUIRE�1ENT: Section 205.07.3, D, 2a, requires a side yard of ten (10) feet between any living area and side property lines. 13C APPEALS C011MISSIOF� TIEETIi�G, SEPTEt48ER 1, 1987 PAGE 2 Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and living areas in adjacent structures to reduce exoosure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Because of existing layout of house, proposed location of addition is the only feasible location. In 1977 when we built our house we had no children. t�ow, with three growing children a�e fecl the need for a far�ily room, an all-purpose room for family activities. The addition of this room would fulfill these needs. "This location is necessary because of existing decks and swieming pool. Also, existing rooms (dining and living room) would not allow desired access to proposed family roor�." C. AD1�It�ISTRATIVE STAFF REVIEIJ: The petitioner would like to add living space on behind the existina garage. The existing garage is approximately 19.7 feet fror� the hor�e to the north. It is very important that we know exactly how far the north wall is from the existing north lot line because there is 6 ft. easement located along the north line. Therefore, the petitioner has been requested to provide a survey verifying that dimension. If tfie Appeals Commission acts on this variance request, the staff has no stipulations to recommend until a survey is available. Mr. Clark stated tiiis variance request was discussed at the last meeting. At that time, it was decided that the petitioner would have to readvertise because the measurements were different than what were anticipated--a side yard setback from 10 feet to 4.4. feet rather than fror� 10 ft. to 6 feet, because of the way the house and garage were located on the lot. Mr. Clark stated there was also a 6 ft. easement that ran along the pronert� line that was for drainage purposes only. The City Engineering Department has gone out to the site, reviewed the drainage, and feel the drainage ease- ment was not necessary. So, that day the petitioner had petitioned to have the easement vacated. Even if the Appeals Commission approves the variance, the pet�tioner has to go to City Council to get a motion to allow a ter��orary encroachment or an encroachment for the lenyth of tir�e it will take for the vacation process. There should be no reason why the Council would not approve the vacation because the Engineering Department has reviewed it and agreed with the vacation process. - Mr. Clark stated the petitioner had brought in so�e construction plans for the addition. APPEALS C0�41ISSI0�� MEETII�G, SEPTE�46ER 1, 1987 PAGE 3 ��Ir. Betzold stated he would like the petitioner to better explain his hardship. Mr. tlortenson stated they do not have a family room at this time. They have a living room, but tl�ey do not have a room for the TV, piano, and a place for the children to play and have friends over. It would be very nice to have a room for those types of activities. He stated he did not feel it would work out very well to have the addition anywhere else on the lot. Mr. Betzold stated one concern he had was overbuilding on the lot, and the Cor�mission does try to discourage that. Mr. t4ortenson stated they do have quite a few large trees in the back yard and the addition would not involve the taking down of the trees. They would still have a grassy area between the addition and the swimming pool and behind tlie swimming pool as there is now. Right now where the addition would go, they have a sandbox and a swingset and those will be moved farther back. Dr. Vos asked if t4r, t4ortenson h�ad talked to his neighbor to the north about the addition. 1�1r. Mortenson stated, yes, he had talked to his neighbors. The neighbor to the north had no problem with the addition, and the neighbor t� the south would not even see the addition because of so many trees. Mr. Sherek asked how old the house was. P1r. t�ortenson stated he built the house about 10 years ago. Mr. Barna asked Mr. Clark what the percentage of lot coverage would be �aith tiie addition and the screened-in porch. Mr. Clark stated that the lot coverage with the addition would be 16.4q. This was not including the swimming pool. The allov�able lot coverage was 25�. The petitioner was allowed by code to have 3.453 sq. ft. of building, and he would have 2.278 sq, ft. with the addition. Mr. Barna asked why the petitioner cou?d not move the addition over 4 ft. to the south. Mr. ��ortenson stated there was a half-bath back there with a window, and they did not want to have to remove that window. Plus, it would make them so much closer to the swimming pool, and it would make the back yard look more cluttered. The way the addition was proposed, there was a fairly decent space between the addition and the swimming pool. Mr. Barna stated that since the sideyard was already ecisting at 4.6 ft., was it existing non-conforming? 13D 13� APPEALS C0�1t4ISSI0N t1EETIt�G, SEPTEMBER 1, 1987 PArE 4 Mr. Clark stated that was correct; i��wever, if the Appeals Commission altered the variance being requested to less than the 4.6 ft., then it would be proper for the Commission to act on the existing 4.6 ft. and then in a separate motion approve the.variance the Commission wants to approve. How- ever, if the Cotnmission approves the 4.4 ft., then he felt that was encom- passing enough to include the existing sideyard setback. MOTZON BY t1R. BARNA, SECONDED BY MR. SHEREK, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON.BETZOLD DE`CLARED THE PUBLIC HEARING CLOSED AT 7:54 P.M. Mr. Sherek stated he had a difficult time with the hardship in this case. The house was built by the petitioner, and there were no pre-existing condi- tions from the time the property was purchased that would have created a hardship. He stated the lot was very crowded. Because of the difficulty he was having with the hardshiq, he would have to vote against the variance. �1r. Barna stated he felt basically the sar�e way as Mr. Sherek. By moving the addition over and eliminating the bathroom window, the variance would be reduced to about 2.4 ft., but he still would have a problem with any variance. The lot was quite crowded now. The only hardship was a self-created hardship because the petitioner was the original owner of the house and had built the house. He stated he would have to vote against the variance also. Dr. Vos stated there was no objection from the neighbor to the north. By moving the addition over and still keepinq the same square footage, � variance would still be needed, so he would be in favor of the variance as requested. Mr. Betzold stated he was in agreement with what had been said by t1r. 8arna and Mr. Sherek. The yard was already crowded, the addition could be put on with less of a variance than what was being requested. He also felt the hardship was very weal:. The petitioners had made certain decisions alono the way, they planned the house, the swimming pool, etc., and now needed a variance in order to build a far�ily room when they should have planned ahead. He would vote against the variance. MOTION BY MFZ. BARNA, SECONDED BY MR. SHEREK, TO RECOMMEND TO CITY COUNCIL DE2JIAL OF VARIANCE REQUEST, VAR #87-29, BYCREGORY MORTENSON, PURSUANT TO CHAPTER 205.07.03, D, 2a, OF THE FRIDLEY CITY CODE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 4.4 FEET TO ALIAW THE CONSTRUCTION OF ADDITIONAL LIVING SPACE ON LOT 3, BIACK 2, HEATHER HILLS SECOND ADDITION, THE SAl4E BEIN6 6I91 KERRY LANE N.E., FRIDLEY, MINNESOTA, 55432. UPON A VOICE VOTE, BETZOLD, SHEREK, AND BARNA VOTING AYE, VOS VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY A VOTE OF 3-1. 13F APPEALS C0�1��ISSIOiJ t4EETIP�G, SEPTEhtBER 1, 1987 PAGE 5 MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO APPROVE A VARIANCE FROM 5 FT. TO 4.6 FT. FOR THE EXISTZNG GARAGE UNDER VAR #87-29. UPON A VOZCE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO SEND VAR #87-29 DIRECTLY TO CITY COUNCIL, BYPASSING THE PLANNING COMMISSION, IN ORDER FOR THE CITY COUNCIL TO HEAR THIS ITEM ON SEPTEMBER I4, I987. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE llOTION CARRIED UNANZMOUSLY. 2. Cb1��SIDERATIOt� OF A VARI�IP�CE R�E U�EST VAR #87-30 BY ISABELLE JOROAL PU AfJT TO CHAPTER 2��.O�.b3, D, T,�SF YHE RIDL Y CI Y C_E . � e E . MOTION BY DR. , SECONDED BY MR.-BARNA, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, L VOTING AYE, CNAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 8:02 M, Ci�airperson Betzold read �e Administrative Staff Report: ADMIfJIST IVE STAFF REPORT 6133 WO LAtJE �J. E. VAR � -30 A. PUBLIC PURPOSE SERVEO BY REQUIRENI�T: Section 205.07.03, D, l, requires a m imum front yard depth of 35 feet. Public purpose served by this requirer�ent i to allow for off-street parking without encroaching on the public rig -of-r�ay and also for aesthetic consideration to reduce the buildinq ine of sight" encroach- ment into the neighbor's froRt yard. B. STATED HARDSHIP: "The original building has a flat roof which was intended r a porch that was never built. We need the porch now as a perr� ent solution to the leaking roof which will rot out the garage cei 'ng joists if it is not fixed." C. AD�II�JISTRATIVE STAFF REVIE4J: The home was built in 1953 prior to City zoning setback restrictions. � PLANNING DIVISION � MEMORANDUM cinroF FRlDLEY NEND �: Jock Robertson, Ca�mi.uiity Develognent Director AgND FROM: Myra Wicklacz, Planning Assistant 1�M►y hEM� LY�1TE: September 10, 1987 R�ARDING: Mortenson Variance Request • Ct� :� : Origir�lly the proposal was to vonstruct an addition to the existing house, which would be 4.4 feet fran the lat lim and ev�n with the existing house. Zhe existing garage attached to the house is currently in the 6 foot easement a1 the mrth side o�f the property and is actually 4.6 feet from the lat lirre, rx�t 4 .4 . :;!!. .;! �� On September 1, 1987, the Appeals Co�nission denied the request for a Variance to allaa the additirn to the house. �e Appeals Commission approved the Variance fran 5 feet to 4.6 feet instead of 4.4 feet for the existing garage only, and not for �e new addition on the house. The petitioner is still seeking apprwal for the Vacation die to the existing c$rage glaoenent. �e Vacation will proceed to the City Co�cil in October. ; D��,uW� U� : • ► Sl�b�equent to the Appeals Comnission review, the petitioner is now seeking appraval for the Varianve to oonstruct the addition 8.4' versus 10' from the lat lir�. �is change will bring the addition out o�f the 6' easement. [�GW/mgw i�87-184 IEngineering ISewer Water Parks Sveets Maintenancc MEMORANDUM 13H TO: �rrel Q ark, Building Inspector FW87-297 FROM: I`'lark L. Burch, Asst. Public Works Director DATE: September 2, 1987 SUBJECT: Drair�ge Easement at 6191 Kerry Lane, N. E. We have reviewed the requirenent for a drainage easement along the mrth side of the property at 6191 Kerry Lar�e and agree that this easnent may be vacated if desired by the property awner. Surface water which flows between this home and the home to the north should not be affec�ed by vacating this easement and building on a por ti on of it. NL8/ts / � CfiYOF FRIDLEY �� .�. . -. �,� . , � • �. � `�� ,', � _. �� l�� (w% ir, ` � ,J. � ,. � I O { ' Mt � �� .1x�rsi-. `:1 _ t � . � .fD EA/r �w.r� �..�1.,. .._ _ . %��j! � �'� . (3'� • _ , . (t6tdJ � fl!e4�'• �/ool , < tc}J� ( �,f=- ,(8� v , �. ��'`� ' _ Z /4 . � Iz-,, ' Io ; - 8 • 6 4 , : �\ ---' , ,; : � -- � -- s -. , e ._ _ --- -- - -- - �f I I� ' I (rJ �J k (?' V I ; ( • ' �h) j E Jw� �—__ � SV 8• �� ,�� l,l VAR #87-29 Greg Nbrtenson 131 ,-�.. ; l�Y� . �y�� '� .� ..:� � -- �si�i _ � �_j _ L/ � � 4 �1 �� '�? � / Css�:� 4 .! •Z Q Rv,rre//L• • oto�r.H � ' . 9 Neinri� � � �� ` �� %i • ,r . . s' . G 7 � _.�t.a . —�-_ — - � � ., - . ai; � . ;?z �� . .... ,�s ... , . , J .. .. � , M o ` �(�) I �C�� , �� " `�(�/4) �� ( � � � - i�� " � �Q , //o�+ o �� . �U � �`� 3 J' :;.ce��s � lf�:�.�TF• � 1(�) I (� =�..�-�.�, o..�� ; (�oss� � �' ,�r i;v�r�� Hi. j�G d � it� i n !.r �� i'y1 � ',�`� 1 `' i>> ' .,�.�s�s�r� 4 �M) � \. , � ... 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'� Q' ^ (ei-% ; �� ``n�� Q 6 • G'� _ :t , i � , •� Z�= . `' - � _ j S �f�i ` # . � N . 1b , y,-� �l�'/� : . _ j'� . � � - .r.Mw►�Ar rwR,v-nr t "e'r_ �� i . w I � �r %/i �+'f�j �� . �� (�I''� : ; .. 4_, � 3 es � �� . • � Y i � /;;: . P �°f> .�� . � O -� <�. �� . , �4.�3�. ti� � 8 � . � � � �� . � a.�e �:. � �,: ...__ __ __ _.. _... .... , .. ... _... � J.N•1 A►I. . .�..r-N-l+f�r , - < A': �. . .. e ' . .. y. 1 > r-� � :�.. " -� .. J ..__ _�- ._ . LOCATION MAP --•,,, .. ,,..w � . . .��.�,.. _ ... , . ._..._,_ _�._ ._._ 3 � .3 i� � :. /+ � � � CERTIFICATE OF FOR C-�RC�G I�ot�TE�tSO�I IMEREBY CERTIfY TMAT TMIS StlRVEY�PLAN�pq REPORT WAi PREPAREO 8Y ME OR UNDER MY OIRECT SUPERVISION A�T 1 AM A OYLY EGISTEHEO �AN SU VE1�R UNOF`R TNE LAWS FjME STATE OF MINNESOTA MINNESOTA REGI$TR�TIbN NO. I(Q — VAR #87-29 � S U RV EY Greg Mortensan KURTH SURVEYING INC. 4002 JEFFERSON STREET N.E. COLUb181A HEIGHTS IiAINNESOTA 35421 si:-tee-a�sa OATE 8-10 �'7 SCALE 1"� 20__ O�IRON 6AONUMENT SEZ �, �. � � cow.+D L..OT 3� �j�-,OGK � � I-IEA�Tk-lER �IILS ��D=T�1� �''W OK/'� CO Ul•1`C' `i �''� \ 11-� t�l l=�p�-t-p� �SK2.S t�" \z'► � 0 � � f 4 ti��/ { i �`� a,�*s£��`_� ; `�°� _- � w � ��ff }pl � . �� . �`�t _ a .. �� n; t, i# r = ►` _"==� � � S'K�E�s�',�r,�.-�_=�=-�'--f '��'^ — w. -�— _ , ,� _ _ _ . -. .. '{ � ... ! �. ,.__ � �. � � � ��I ,_ i�4 — , ,� :�. s -� , � � ., . � T � .. _ .�'j,. . ,�: � tf� � ;ii yf ,. �►- � � �'u . ''�, r .��'x �� i• , �!�SS'� z '"� �`' ` :T7t :]s„ v � f t�7+ Kh�iyfti �� i s �ryN �,i'* "' . �4- . .. s. T Ff y� �r+� . ,r .�_� � .� it�k'+.�� '�7 ��q+�0.R�a t �� a 17.`%s '4� 1� �..`' . r� �.�?��. �+'4<Yrb'd`. . � ._ '� -_"''t., n,, ., ,... A . , � �'_ t 2 ,�' ._ " �t y� r -� �� . " �t�� , � .>. . . - � � � � _ „ �. �. � 5 . , ` �' . � R . , y � ' . � / + � t . I G: � K �� . � � �.;� �.;��` _� � _..,,.. «, ��rn °,:- ' � - • v � � F ....4 �, � y � �� - .,d . , � �.�' I � i .:s;a;;� : , . . � :i�' � t - - _.,_zsl.ua� � ��a 1Lt�1li�.i Jii � � . �+' �1 � �'�'il`;,t,,� i � '�1,� � I I r"��o�! .'-_-; �z�a . . ,:. ��II I l�_ � � w`'�a r � ' ~� i i �.v,l r��. �� _ �- �y��- r �k �� I� f� r ;.sok' �,r�".._,, ., � � , r° �:"? �" �. �;, : . ,ti > ,.'-� : �t . 4 �e-„"..a.�,.0 A . � •, � � �d� � � / i4 t ,� � a � {'^�� h. �L a . 1't^�" . . . � .'' 1 �'' i.' ,� � i ' �.. • i� ,y !� 'Y.n«. � � '^' tm�4n�" �"�'� _ , - �: .- .r,;�� , j�.':,-�'.``�;:,,t� '�N.'. � � . . .�'.• , � K ' " .�. 4� .i � '' ;� =� �� . _ . �'�, � .. . � . tia. - - " . ' . '- 'a � ._ �. � . � � � . "F6 e � �r _�� _,��`._'v1�.�,c�w°_....__ _ �;I . . r� � � _ � . i . .2. . _ .., . .. ' . . *i' . , ' � � ' . � ,i.s� -` �,'�+ 1'1 � � a." '�a3 � , L;' �' t� � '• ■ — �' 13L APPEALS COt1P1ISSI0�J t4EETIPIG, SEPTEMBER i, 1987 PAGE 7 MOTIO?d BY DR. VOS, SECONDED $Y MR, SHEREK, TO APPROVE VARIANCE ST, VAR �387-30, BY ISABELLE JORDAL, PURSUANT TO CHAPTER 205 .� D, 1, OF THE FRIDLEY CITY CODE TO REDUCE THE FRONT YARD K FR01�! 35 FEET TO 25 FEET TO ALLOW THE CONSTRUCTION OF A —SEASON PORCH ON TOP OF THE EXISTING GARAGE ON IAT 2, BLOCK RE LAKE HILLS ADDITION, THE SAME BEING 6133 WOODY LANE N. IDLEY, MINNESOTA, 55432. UPON A VO TE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION C UIdANIMOUSLY. 3. COfaSIDERATIO�� OF A VARIAt�CE REQUEST, VAR #87-32, BY DAVID NARRIS, PURSUANT CHAPTER 205.18.03, D, 2, F THE F IDLEY CI Y CODE TO D CRE SE THE RFn►i1RFn cTnF vARn �FTRACY. FR(lt+i 2(l FFFT TO 5 FFET TO ALLOW THE Ef�CLOSURE Ur HIV tT1JIlIiU WNUIIVU UUI.h V1� LVI /� DLV�.n �� rnw cnvvainan�. rnnn� �� EBEIIG OC E ., I , t , MOTID:: BY h1R. BARNA, SECONDED BY DR. VOS, TO OPEN THE Pi1BLIC HEARING. UPOP; A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEA' AT 8:18 P.M. Chairperson Betzold read the Administrative Staff Report: ADMIFJISTRATIVE STAFF REPORT 250 CAMMERCE CIRCLE SOUTH VAR #87-32 A. PUQLIC PURPOSE SERVED BY REQUIREMEtJT: Section 205.18.03, D, 2, requires a s�de yard setback of not less than 20 feet. Public purpose served by this requirement is to.provide adequate open space areas around industrial structures for aesthetic and fire fighting purposes. 6. STA7ED HARDSHIP: "It is difficult if not impossible to secure a tenant of the caliber of Swift-Eckrich without providing this space:' C. ADMItJISTRATIVE STAFF REVIEW: At the present time this is an open loading dock. The petitioner Would like to enclose it. Pianning Department staff has no objection to this proposal, as long as it is stipulated that the variance would be only for this small enclosure and not the entire length of the building. The new west wall must be fire-rated and the petitioner must screen_any outside refuse containers. 13M APPEALS C0�1�1ISSIQId MEETIP�6, SEPTEPI6ER ], 1987 PAGE 8 Mr. Clark stated it was his understanding that if the loading dock was allo►•�ed to be enclosed, that architecturally it was going to blend in with the building. . Mr. Clark stated he had received a letter that day from the building owner to the west, t�idwest Machine 7001 Supply Co., stating he had no objection to the variance as requested by t9r. Harris. Mr. Harris stated the new tenant, Beatrice Foods, feels it would be ir�possible for them to utilize the building space if they cannot have an enclosed lo�ding dock, so it was an economic fact from that standpoint. 14r. Harris stated the hardship for this particular lot was created after the fact. The original plat was approved by the City Council and Planning Commission with no road there. About two days before he was to appear before the City Council for final approval of the plat, the City decided to put a road through there and needed an additional 25 ft. Because of that, it changed the orienta- tion of the lot, so the hardship was really created by the City in askinq for the additional 25 ft. IT, in fact, he had known about the road in the beginning and the City had come to him initially, he would probably have narrowed up the other lots along there to make the road possible. Mr. Harris stated he oriented the buiiding because of the way the road came through there, so the building has frontage view both on the east and the south and sor�ewhat on the north. The back of the building which would face west was really not orientated to the public but was orientated to the build- i ng next to i t, h1i dwest t�tachi ne Tool Supply So. The Mi dwest Flachi ne Tool Supply building was set back to the west so there was parking lot between ttie back of his building and the front of Midwest t4achine Tool Surply building. As far as getting access for fire and any other equipment, there was plenty of roon. t�r. Betzold read the letter from John Demos, President of h1idwest Machine Tool Supply Co., who stated he was in concurrence with the request by Mr. Harris for a covered dock area. MOTION BY MR. BARNA, SECONDED BY DR. VOS, TD RECEIVE TNE LETTER FROM l'lIDFJEST MACF/INE TOOL SUPPLY CO. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTIOA' CRRRIED UNANIMOUSLY. MOTION BY MR. BARNA, SECONDED BY DR. VOS, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CIASED AT 8:30 P.M. Dr. Vos stated he had no objectfon to the variance as requested. 13N APPEALS COt�t1ISSI0f� MEETIt�G, SEPTEt1BER 1, 1987 PArE 9 Mr. Barna stated he had no objection to the variance. The hardship as siated by the petitioner was created by the City in request�ng additional pro�erty for a road. This was a nice looking building and well maintained. He was quite sure that whatever covering was put over the existing loadinq dock would fit in with the neighboring structures and neighborhood, Mr. Sherek and �1r. Betzold also agreed. MOTION BY MR. BARNA, SECONDED BY MR. SNEREK, TD RECOMPlEND TO CITY COUNCIL APPROVAL OF VAR #87-32, BY DAVID HARRIS, PURSUANT TO CHAPTER 205.I8.03, D, 2, OF THE FRZDLEY CITY CODE TO DECREASE THE REQUIRED SIDB YARD SETBACIC FROA1 20 FEET TO 5 FEET TO ALIAW THE ENCIASURE OF AN EXZSTING TAADING DOCK ON IAT 7, BLOCK 1, PACO INDUSTRIAL PARK, THE SAME BEIIIG 250 COMMERCE CIRCLF. SOUTH N.E., FRIDLEY, MINNESOTA, 55432, WITH THE STIPULATION THAT 2HE PETITIONER SCREEN ANY OUTSIDE REFUSE CONTAINERS. DPON A VOICE VOTE, ALL VOTING AYE, CNAIRPERSOIJ BE:ZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MO_TION BY MR. SHEREY,, SECONDED BY MR. BARNA, TO SEND VAR #87-32 DIRECTLY TO CImY COUNCIL, BYPASSING THE PLANNING COMMISSION, IN ORDER FOR THE CITY COIINCIL TO HEAR THIS ITEM O?� SEPTEMBER 14, 1987. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPF.RSON BETZOLD DECLARED THE MOTION CARI2ZED UNANIMQUSLY. ADJOURt�I•1ENT : MOTION BY l�R. BARNA, SECONDED BY MR. SHEREK, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE SEPTEMBER 1, 1987, APPEALS COAlMZSSION MEETING ADJOURNED AT 8:35 P.t1. Respectfully sub itted, yn e Saba Rec rding Secretary - �o VAR #8�-32 130 David Harris I ' :ORNER 3 � C. / / I l �� `i1 N M l � . _ .UC!� �� ."'�i, � I � ----------•��- . -M - „ -�---- - W � iI `l �.L=y � ..ti. il� � •ll_/c {, ^ r` � � � o � �� r !' 9 � � � ♦ if�. o.. Z � '� � , _ � L� �! . `'�. � � , �'�A. � — -- � � _ _ � � � ir� '' -b 1;• ; � � • M � � �' 4 . , W � ;c 4 : � 3 � 2 � � / M e � (n ° � �. � nc::? ' / i3> 0 4! V' RY'' '+ Q" rh � M Q I �, � � � ' -_ _ _ki� � � � 1 �l'it-ie,0' �� / ^ K. !7� ^ / 7,/ � \i ��`�.,3F�� r. L_ 41.: �✓' �f, , a � 2 � �!l'�f�...'F � � � N.I,.,l.'' •!S F � '^ , / � . - '��•`= � V J � � y� ''� Y� . S, � \. 1 ..� �� -----,= a,� r o �� -- W � '.: • ;� ;� :, � , � . � � �� ; N 1 ; � J � ; 5 Z �., /2 0 y � < < �; (CGt I; �� \ � ( t ._ - ' -' a � id3 0 ' ,� � � W t,�• �„ ,, --� � SB9 .�, ,�F ,� ' E • ."' ; � �f) � J .�...--._ , .,�,�- U ;...,_<, �'. -------tB�%:.�-i :� V � �= � - - - - �f� ;, O �,� 3 � 4 I i � �0030� o • G �� `�� . U �L,�J � a � I ti 6 .� // , � � , ` �, �p �,., �� 'S . W � , �•!� ; ` '�: 1 �.o_ • N�r�S ! F f�:....�� ', �. V ,a,fao .: ,;eYi�... • tiir. �¢) ,'�, � �� r: I. v I � 1.4^ s.�i' _ � • y: ,. . '. . ,e� ,is ic' ,-4s " 4 � � ,, � : .1 a � '^ 1�>` *' c � ` i (0011) , W `\. � P `�`.�`,.`1 , * G / h v �� s r i 1 i �'' o �, r�'� � � 0 0 % " • � 9 '� t /O � � �.��,sf 1 v ti B s ,., � � �' ��.� � ,' Y U � �' � I � __ �� . ,�, ,o 1 �>r � ' � V t�, .ri .; � 1 f��.i.• �p,y -ta i �. r, I' 3 \'C �� , ,;� _ �Q• ��,:, ., 4 , .,� ', . w '► ,.; ,f s •+�� ` ' ;� ------ '�� .a, �:� � !• �- ' f �ti' a � j 's `' � ., �, COMMERCE CIRC p. , ; `' ` " � —_ � � � , .� � f . s ` •st;. :.:f� ,.�s r.�.. , - � � , � � � � ,� J �B ^w� - �+..:� ii �o � � ��' � I v �Jry e�/ y,��s ,t � (` �� 1 / �/� , � , ` r 1� 1 I ` 6� I . ' �a�,� -- t� �� 1� k �- I ,r_ 9 -- ` _.. �- . �+i '° 7 + i �� ^•� I �° ---��.+--� ' A�CVl•�iri► Sii�e4 J . �. a- s�,.,,.. ;�.�� .- u L4 � I > � �' �� 0. �./ � —�— ^ v � _i � T• � nav+' � � % � � i �GSO� i e,��", 7'9 � _LL _/ t»<i � _ . _ orf�P�%! . Z _ - - � c \ �� e. �,, * �'�i � � �.; LOCATION MAP N �- � i�� r : s � �� ;� s��. ��:,K 5`Si�G - ��"�u= c � �� -- J � ` � � i � _t � � � � �� )� L_ � � VAR #87-32 David Harris COMMERCE CIRCLE SOUTH o� i s oaE vJAY oNE WAY � 13P / . � % ' I ;� , � ; l�' � �: T-� J .ry - � - -�r 3 ��R�Z �- l (y�� oo� i��V �'l�f��S �, =� � PT ��, � q �7 /L��X �_ /o %�� lF�� ,s o��s � �l/� 1,��,9 � %� /� �� . / a b3� ��J� �v� �/�� /� � � ��`— � l � � r.ci�9 � �. �� l�— �}� � i � �,� v� , � � � l ,l� /ti� �i9 �vs � � �'G �� F��% o�s . � � , ,� �) � � L�. �f� �Z �S � � �, -�t � �� _ }�S OLUTION N0. - 1987 A RESOLtTTION AUTHORIZII�G FIIND6 TO BE E%PENDED IN SIIPPORT OF I�DIATION SERV ICES FQR ANOKA COIINTY OIIT OF THE 9988 CITY BUDGET : WF�REAS, the coneept of volunteer mediation is meetiag an increasing ntim►ber of confliet resolution needs among neighbors, landlords and tenants, businesses and consumers, employers and employees, agencies, and citizens; and WHEREAS, Mediation Services for Anoka County makes voluntary confl iet resolution available to any and all citizens of the City of Fridley; and WHEREAS, because Mediation Services for Anoka County does not restrict the majority of its services to low and moderate ineome persons it does not qualif� for funding to human services ageneies through Federal Community Development Bloek Grants; and WHEREAS, other municipalities have supported the work of Mediation Services for Anoka County on a pro rata basis; NQd, THEREFORE, BE IT RFSOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY that $1,500.00 be allocated for Mediation Services for Anoka County from the Legislative Department in the 1988 Budget. PASSED AND ADOPTED BY Tf� CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1987. WILLIAM J. NEE-MAYOR ATTES T : SHIRLEY A. HAAPALA-CITY CLERK 1/29 14 s' �14A July 24, 1987 Mr. William J. Nee City af Fridley 6431 Ur,iversity Avenue NE Fridley. MN 55432 Deac Mr. Nee: Frldley approved money for MEDIATION SERVICES In 1987 whlch we greatly appreciated. These funds enabled the organi2ation to train volunteer mediatocs and provide services to residents. Without your support in 1987. we would not have had a chance to begin operatlons. We would like your support contlnued in.1988. I am wrlting to ask that you include a request for MEDIATION SERVICES in your 1986 budget, again at 5 cents per capita. Your support in 1987 was $1,500.00. I would like to know what you need from me to consider this request. I will call you next week to discuss the request. Thank you for your ttme and conslderatlon. Very truly yours, ._ �� ji.' ,�'�'l�G'�� Ann M. Wallerstedt Executive Director ___ _ . ,. . . . � 14B � , BUDGET FOR 198? AND i988`� � REVENUE l9g? 1988 �.� �.� Member cltles : �10,Q00 �12,000, �' ` Service organizatlons 2,Q00 3,000 -��` Buslnesses and individuals 2,000 3,000 � Foundatlons ond CorporatIons 9.170 9.000 .• . . �23.170 �27,000 , F'�t*'EI\'�?TL'F�S • Staff � �:_ec,o� ��±�,QflO �12,855 Sec:-E' l ar � a i 5�D � 1, 300 �.::; i�yee 3e.�efits 1,070 1,2DD F.� n t . -0- 2, S00 Te:ephone lOJ °�S '�'r�.ining 1,700 500 :�f : i ce S�:pp ; i es 7Q0 7?5 ^o� r c�,� �-P ?sD 790 ?nctocopy 5�0 525 Fcrms � 5�Q �25 Brcchures 1,�00 S,D50 � Accoun t i na -:'ax Ser �� i ce 250 265 Sto.ff Mileage . 500 525 Capital Expense �50 25Q Promotion 5D0 525 �e�hnical_ Assis:ance 1,83Q Z,QO� r: i sce 1 l aneous r,. �ZDD 500 �'OTfiLS ��3,17D �2�,D00 �� . YA� . . . . � � . . . � - . . . � S . . � . . . . ' • , � . _ � . . ' . . . - . . � .. � �t':. . . . .� . . -. . . . _ ; . - . . , . . . . . , . . . � . . .. . . xi' � � . . _ � � . . . . . . . ..� t�. . � . .' �. - ' . . . . . . . . � . . .. .. .,' .. . . . " . . � . . HISTORY AND PURPOSE OF ORGANI2ATION The MEDIATION SERVICES FOR ANOKA COUNTY CMSAC) Is a non-profit, county-wlde organization offering dlspute resolution services to residents and buslnesses of Anoka County. It was established In January, 1987. The organlzation was formed as an independent organizatlon wlth a 501cC3> status. Our goal Is to provide a center for community residents to settle problems that don't belong In the Judicial system or which are better served with a bipactlsan agreement. These problems can be disputes between neighbors, buslness and consumer, landlord and tenant and others. Mediation Is a low cost, easy to use alternative. It can be used instead of taking someone to court, calling a law enforcement officer to solve a problem for which there is no legal solution or ]etting a situatlon fester until extreme measures are taken. PROGRAM AND IMPLEMENTATION Mediation services are available at this time without charge. In mediatlon, parties must voluntarily agree to meet with a netural thlyd-party mediator (for MSAC this is a trained volutneer> to discuss the problem and explore options for settlement. The mediators do not make decisions. They work with parties to arrive at a mutually acceptable solution. If parties can agree on terms of settlement, a written�agreement is signed by both. There is commitment to these agreements and compllance ot over 90%. MSAC cannot enforce agceements but monitors partles work in making the agreements function, offering re-mediation if there seems to be a need. The organization seeks to attract a vareity of cases from a wide range of sources. Currently, police offi'cers and Anoka County Sheriff's deputies refer the maJority of caess to MSAC. City staff and elected officials of the varlous Anoka communities refer to MSAC as well. A party can call the MSAC offlces himself and simply request services. The staff takes it from there. MSAC will not handle cases involving domestic or sexual abuse, divorce or criminal issues, however. The organization carries on an active outreach program to make the general public aware of inediation and the ease of 14C its use. Presentations to soci;al, civic and professional' 1'4D organizations are a major component in educating the public. Tralnings for clty staff and police offlcers are effective in spreading the word about the services. MSAC has been the topic of many newspaper articles, a radio talk show, and a cable TV news.segment. Information about mediation and the services Is sent on a cegular basls to Anoka communitles for inclusion in any all-resident mallings. • PERSONNEL The MSAC is staffed by a part-time exectuive dlrectoc, 19 trained volunteer mediators and a 12 member board of directors. Mediators receive 26 hours of initial training and 8 hours of annual continuing training. Further, they serve an apprenticeship of observing and working with an experienced mediator. MSAC mediators always work in pairs. SOURCES OF INCO::E Funding for 198? was made available from sixteen Anoka CcUnt}� cc:nTUn;*.ies at 5 cents per capita. Similar requests i:;� fun�+ing in 1988 have been made. The 1988 budget is ;�7,000. The b�lance of the budget will be solicited from :o::r:cl�tior:s, corporate aiving programs, businesses and inciv:duals. 15 MEMO T0: NASIM M. QURESHI, CITY MANAGER FROM: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGER DATE: SEPTEMBER 9, 1987 SUBJECT: 1988 BUDGET FOR THE NORTH METRO CONVENTION AND TOURISM BUREAU According to the Agreement between the City of Fridley and the North Metro Convention and Tourism Bureau, Article 4. BUDGET. "The Bureau shall submit its annual budget for review by the City Council on or before the lst day of October of the year preceding the effective date of the budget." Attached please find a copy of the 1988 budget and narrative relating to it. On behalf of the North Metro Convention and Tourism Bureau I request that you submit the budget to the City Council for reception and review at the September 14, 1987 meeting. �� j. � � t { H E H O T0: Mr. Bill Hawes, City Council/City of Brooklyn Center Mr. Al Erickson, Finance Director/City of Brooklyn Park Mr. Bill Hunt, Assistant to the City Manager/City of Fridley FROM: Ctiarlie Cook �, DATE: Au�ust 15, 1987 _ RE: 1988 North Metro Convention � Tourism Bureau Budget Per the Convention & Tourism Bureau Agreement, tl�e 1988 budget is to be in each cities hands prior [o September l, 1987. If you have any questions regarding the enclosed budget, please do not hesitate to contact me. cc: Mr. John Okerstrom, President � : �,: s. &oo cN� .. Park x=`P ��/�} � ; �""9►+s..,,,,�,,,�,,,�,,.� �'+�_� i Ciryof BrooktynCernx �",� � V' A O 8 ,.; { �� : . �, �: P .1K ,.�' t �. t.r Y� a n @ ' ��C �: 1 . 'Q� � M_c... .._ r.. .....`�.� ' • � - r . i.Y _ : . _. ...� .. . . .�� ` �r- a..... Y :S � .:. " .. . .! ., . Z a F�; 10 MINUTEB TO METROOOME AND OwNTOWN � M NNlAPOLIS �, �1► �i,� PARTICIPATING •OTEL$/MO'TELS d2 The Nathiand Inn Q Ramada Holel—NoM Q 8rookdak Motel � 8 Conle2nce Center (612) 566-8000 (612) 872-I435 (Opening January 1988) rn�ryy �pi Mo�e� � SSimliner MoIN �612) 53�8354 � (6121 �-�t0 (612) S7t-0420 t� Bronco Motel Budgetei Inn � Skywood Mn (6t21424-2277 � (612)561-8400 (612)571-9440 �) Sheraton NartMvest Q Hotiday Inn Nath (6121566-8855 (612)566-At40 tL Hiway View Motel 1612)533 6455 A4RTICIPATNdCi CHAMBERS OF COMMERCE North Hennepin Clwmber d Commaa {612)424-6)44 � �� (fi12)566-8650 �rtieru (612) 571•9781 . - ._ A4RT1ClPAT1NO cmEs Ciry d �� Ciry ol &oaWyn Center Gry M �id�ey 15A c�rr � F��ai� � '�� +>. `X f' � ( S a; g , � . � � . ;b` . �'�� MISSIS3IPPI .. � RfVEH ' � , , :, }�� s � NO['ZTH MCTt�t_° CQ��%E��T��E'1 Arv�.► Touni�, �-� F�URE�l1 6040 Earle Brown Dr'�ve, #200 Brooklyn Center, MN 55430 (612) 566-7722 NORTH MSTRO CONVEATION � TOIIRISli BURSAU 1988 BUDGST Administration Salaries, Gross Amount FICA - Employer Contribution Federal Unemployment State Unemployment Telephone, Equipment Lease & Use Office Supplies Office Lease Secretarial/Temporary Employment Posta�e Automobile, Parking & Tolls Loans � Loan Interest Printing/Stationary Office Furniture Lease Office Equi Audit t Lease Workers Comp. Insurance Employee Benefits Liability Insurance, D & 0 Liability Insurance. General s 1987 + 1988 Adjusted � 50,000.00 3,600.00 224.00 1,80Q.00 3,500.00 1,000.00 9,700.00 2,000.00 1,200.00 2,700.00 13,200.00 2,000.00 Z,500.00 1,SOO.OQ 2,000.00 750.00 3,500.00 2,909.00 600.00 $56,000.00 4,000.00 300.00 2,000.00 3,500.00 1,500.00 9 ,900.00 -U- 1,500.00 2,000.00 S00.00 2,000.00 2,600.00 1,500.00 '1,000.00 750.00 4,000.00 2,909.00 400.00 1.000.00 15B NORTH METRO CONVENTION & TOURISM BUREAU 1988 BUDGET Marketing Direct Mail Printing Meeting Planner's Guide Visitor's Guide Weekend Package Mini-Meeting Planner 5he11 r'older Group Response Card Reference Materials Group Advertising Tourism/Weekend Advertising Agency Fees Advertising (:ontingency Maps & other Promotional It Sales/Sales Promotion Hotel Expense - Travel Meal Expense - Travel Entertainment - Travel Entertainment - Local Airline Expense Car Rental Expense Trade Shows/Booth Expense 1987 Adjusted -0- 10,000.00 10,000.00 1,500.00 1,000.00 -U- -u- IS0.00 15,000.00 35,000.00 16,000.00 -u- 1987 Adjusted 1,500.00 500.00 2Q0.00 750.00 300.00 200.00 1,500.00 PAGE #2 1988 $1,000.00 -0- 7,000.00 1,500.00 1,000.00 10,000.00 500.00 150.00 20,000.00 35,000.00 12,000.00 2,000.00 n 1988 �� 11 1� 11 11 �� 11 11 200.00 I,000.00 15C NURTH METKO CUNVEN"1"ION & TUUKISM BUREAU 1988 BUDGET Memberships MN Ass'n of Convention � Visitors Bureaus MN Society of Association Executives American Society of Ass'n �xecutives Hotel Sales & Marketing Association Nat`1 Employee 5ervice & Kecreation ess'n Minnesota Chapter - N�SRA Brooklyn Center (:hamber of Commerce Fridley Chamber of Commerce North Hennepin Chamber of Commerce Meetine Ylanners Lnterna�ional_ Public Relations Public Relations Local Promotions Loans 1987 Adjusted �300.00 468.OU 174.00 75.OQ -U- -0- 1,500.00 1,500.00 �.500.00 74 1987 Adjusted $20,000.00 2.000.00 PAGE �3 1988 $200.00 100.00 200.00 75.00 400.00 200.00 1,500.00 1,500.00 1.500.00 75. 1988 5,000.00 $�0,000.00 TpTAI,, I $221,184 . 00 15D I. II. � /� /f �� 15E NORTH METRO CONVENTION � TOIIRISM BIIREAII 1988 BIIDGET Overview Two factors in 19$8 are going to have a negative impact on hotel/ motel rates and occupancy. Therefore, the 1988 budget, based on anticipated tax revenues will remain the same as 1987. First, the over abundance of rooms in the Bloomington-Eagan area, plus expansion in the Eden Prairie-Plymouth area will require a major effort to maintain the north metro area`s present market share of the Twin City hospitality business. Secondly, due to the Minneapolis Auditorium being closed in 1988, the Minneapolis Convention and Visitors Bureau and the downtown hotels have al- ready started a major campaign to attract the corporate group business that historically has belonged to the suburban properties. A downward adjustment in downtown hotel rates is already happen- ing in connection with corporate group bids. Administration It is anticipated that short term Ioans will be made in 1988 to cover the temporary need for funds during Spring and Fall adverti- sing campaigns. Unlike 1987, only the anticipated loan interest is shown as a budget item, with the proposed loan amount shown on page ��3 as an income item. The short term loans will be paid off in 1988 from tax income. ono� �� w. �.:. Q A4Rl1CIPATING HOTELS/Mq?ELS 0 The Northland inn � Ram�a Fbtel—North 8 Conietence Center (612� 56fr8000 (Opening January 1988) Thriiry Scot Motel ,s,2, sss-sasa � �s,2i sss-sa,o 0 Bronco Motel O g��q� Inn (672)424-2277 (6t21561-8400 she�aton N«mwesc (612) 566-8855 O �'�Y �nn North (612)566-4140 Q Hiway Vlew Motel (612)533-6455 Q Brookdale Mde! (612)872-C435 Q Sunliner IAotel (6t2157t-0420 � Skywood Inn (612) 571-9440 C;ry ot erookly� Genter 70 MINUTES TO METRODOME A4RTICIAAT1NCi �GOMMERCE Nonh Flennepin Glamber of Comrtierce (612) 4246744 Bioaklyn Center Gi2mb¢r of COmrtierce (612) �-� C�artur�ce� (612) 571-9781 6 7 8 Pl►fi'Tl%lPMlT1WCi cmEs Ciry ot �� Brooldyn Center �Y � �Y NORTH METRQ CONVENTt01� AND TOURIStN BUREAU 6040 Earle Brown Drive, #200 Brookyn Center, MN 55430 (612) 566-7T22 NORTH METRO CONVENTIUN BlJREAU 1988 BUllGET PG. 4�2 III. Marketing With a(7) month history behind us, the Bureau believes that a r.►inimum of travel wilt be required to reach our primary markets. In addition, it is not anticipated�that the Bureau will have a major public relations expense item in 1988, as we did with the Olympic Training Facility in 1987. Adjustments from Sales/Sales Promotion and Public Relations have been added to Marketing for increased advertising and collateral production. 15F Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: Nasim Qureshi, City Manager An187-301 FROM: John G. Flora, PUbl.ic Works Director DATE: Septenber 8, 1987 SUB.IECT: Street Impravenent Project ST. 1987 - 1 Rapid Oil Change has submitted a peti ti on to th e Ci ty in suppor t of th ei r project to vonstruct a facility on the mrtheast corr�er of 73rd and Highway 65. The petition ca11s for the waiving of the public hearing and the assessnent for the imprwenent of renoving a vacated portion of 73 L2 Pu�enue and the widening of the servioe road between 73 L2 and 73rd Av�ues. In support of this petition and their request, we would recommend City Cotmcil authorize Ci�ange Order No. 3 f� 512,000.00 JGF/ts 16 � �'RI�L.EY CITY OF FRIDLEY PETITION COVER SHEET Petition No. 8-1987 Date Received September 8, 1987 object Improvements to Rapid Oil Change property, i.e., 7315 Highway 65 Northeast Petition Checked B�� Percent Signing Referred to City Council Disposition Date 0 16A . : ---.i./`JI.:l.i+4i1`�� fi..� '�.f.Gr�i,.lh�i� � _--� � �� 1.��'�� September 4, 1987 Mr. John G. Flora Fablic Works Director City of Fridley 6431 Ur:iversit.y Avenue Nortr�east Fridley, ILN 55432 De�;r Joru�, : T}�,ie. lette.r iU to inform the City of Fridley that Rapid C�il G'��ange, a Divisior, of A�1�, la: �d C�il , Ir�c . has a contrdct ar� the praperty located at 731� Hwy 65 N. E., Fridley, MN tsee legal descriptiar� attaehed). A� cont•ract holder on th� abave property, Rapid Oil Change hereby requests tr,dt tr,�. City of Fridley make the following itnprovetner►ts ta said praperty: 1. Wider� Viror� Rd . b�� 7` to the west, from ?3rd Avenue N. E. tc, th� nort.h side ef 73-1/2 Avenue N.E., installir,g new curb ar,d gutter al�ng the west side of Viror, Rd. 2. Vacate 73 1/2 Avenue N.E. from Hwy 65 to Viran Rd. ar,d d� thE pr��rty to Rapid Oil Change, a Division of Asr,land Oil, Inc. 3. Ren,ov� all bituminous pavement and curb and gutter from that sectian of 73-1/2 Avenue N.E. lyir,g between Hwy 65 and Viron Ro�d. 4. Rough grade that section of property where th� pavement has been removed to meet adjacent highway right of way ditch grad�s and sit�° grades as established on site plar� to t,e furr►ished by Rapid Uil Change. 5. Adjust the elevatior�s of all utilities in th� vacated secti�r, of stre�t where necessary to match the proposed grades as furnished by Rapid Uil Cr,ange . 6. Install new curb and gutter alor,g Viron Rd. as required ir� that section of 73-1/2 N. E. newly vacated. 7. Make necESSary shoulder and ditch modificatior,� as required by MnDUT. 8. Secure all necessary and required con:truction easemer�ts and permitE required by MnDOT and any other City, County or State agencies having jurisdiction. CORPORATE OFFICE • 3041 4th AVENUE SOUTH • MINNEAPOLIS, MN 55408 • 16121827'2541 DIVISION OF VALVOIINE OIL COMPANY • DIVISION OF ASHLAND OIL. INC. September 4, 1987 page 2 In return f�r the above itnprovements, Rapid Oil Change, a Division of Ashland Oil, Inc. agrees to allow the City of Fridley to assess against the propertY that amo�ant of monies necessary to paY for the improvements. It is aur understanding that the City of Fridley estiir,ates this cost to be $10,300.00 Rapid Oil Change, a Division of Ashland Oil, Inc. hereby waives its right to a public hearing on the assessment for the above improvements. Reti�tfully, RAFID OIL CHAN�aE .�i� ` � M�,r�: �T , ilbertson Prc�ject Manager MJG;'la cc : Jin, Robinson �sc � ` .g � Z` ;� .; C : h (jl t ��) � . co� O Z } ----. a - _� 1 � _ Y 2 � �' � � I � Q � 1 1 ' � I ' Q � � � 1 � /�O / , N�' _�, f. - �._-�--- � r� • � .► 23 �. ._ . _ 16D � ( I � � j Otftr iG' � k) �s�lo' ,I . l� F.�r ( �- . .ii� {//EW � t ��' AG , ,.. . ... .N// ' iiMy �•"` �/ (i'i A Y �� 2 �� ! � - 24 � LOCATIDN �MAP . _ _� . . 1sE PIIBLIC WORKS DEPARTN�NT Engineering Division QTY OF FRII�I,EY Fridley, Minnesota August 18, 1987 Northwest Asphalt 1451 County RQad #89 � Shakopee, NN 55375 SUBJECT: Change Orc3er #3, Street 7mpravanent Proj ect ST. 1987 - 1 Gentl anen : You are hereby ordered, authorized and instructed to modify your contract for Street Imprwenent Project ST. 1987 - 1 by adding the fallowing: ..�. i •� M � : � .� • . •. : �� rM � 4 ;; « : ue ��r Street widening including Class V base and o�ncrete curb and gutter on Highway 65 Servioe Drive fran 73rd Ave., N. to 73 L2 Ave., N. ... S 12,000.00 ORIGINAL Q�N�2ACT PRICE tSI'. 1987-1) .. 5195,202.50 CHAl�E C�RDER N0. 1 . . . . . . . . . . . S 10,320.00 C�iANGE ORDER N0. 2 . . . . . . . . . . . $ ]3,500.00 C�iArIGE ORDER N0. 3 . . . . . . . . . . . S 12,000.00 REVISID apNIRA(� �Di)NI� 5231,022.50 Su�mitted and apprwed tr� Jahn G. Fl ora, Publ ic Wor ks Di rect or on th e 2 4th day of AUGUST, 1987. Pre�red tr� �- ' �' - � Checked by � :��! �l . � , , n G. Flora, P. E. ic Works Director Northwest Asphal t Page 2 Change Order #3 - ST. 1987-1 wed and acce ed this J� of �'i� �`2�, 1987 b Northwest As alt. �PP� P'� 1�— Y Y P� ---------------- Apprwed and acoepted this FridlEy, Minnesota. 3/6/4/6 16F day of , 1987 by the City Council of WILL IAM J. NEE MAYOR SH IRL EY A. 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I �' _ _ _y �.:� � :4•« : i' L .,�4 , L �\`� ' ' - _ ' T ' e-�. - t'r_ _ � '1 � �� Y ^S.'3^ � K � � �� .y��. � ' ` �� ' � �' � . K ]J �1' '.: I � � � � r �'�: �.�''�'_'. .. i : D .,?� r �r - � �_ _ ° _. =�.� _,. - a..�.. , � ! ��-_ -` - _ _ _ : v = � . , _ ��... � >`'�`�..,1__ _ - ' ,e. _ _ � � '�`g�' i r-- . - - — ' ec : .:.a�.. � _. �t�'�; '` - - STREE7 MAP-CITY OF ^�=r_F � ; �-�.: � i/ - _�.=�- FRIDLEY �=-_ — �� -----�-= – --.�:�.-: -- _ �� -_ � Q- _ . _.._. � N._ �.. .�.._ �...� : =- � _ 17 x�socu�rw� No. — �s� RESOI.UTION �NFII�MII� ASSESS!lEI�T� F�OR 1987 WATSR AiiD SLiIER �IAII�S� LATF.R�IS� AI�ID SIIiVICE ��IDIZS BE IT RFSOLVED by the City Council of the City of Fridley, Minnesota, as follaws: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the �roper amounts to be specially assessed for the �• ��I' I� `iD s. . � . `f� . , 11 5�' •' �� I��I 1� in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has preg�red and f iled with the City Clerk tabulated statements.in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its f iling been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been f il ed, except 4. The amounts specified in the proposed assessment are changed and altered as follaws: Page 2- ResoTution No. - 1987 5. This Council f inds that each of the lots, pieces, or parcels of land entunerated in said proposed assessment as altered and modified was and is specially benef itect by the �• �:�+� ,�i ya s• . � . �s.. . n �� •: ��' iaw t� in the amount in said proposed assessment as altered and modif ied by the corrective roll in the amount set opposite the description of each lot, pieoe, or paroel of land, and that said amount so set out is hereby levied against each of the respective lots, pieoes, or parcels of land therein described. 6. Such proposed assessment as altered, modified, and corrected is aff irmed, adopted and confirmed, and the sums fixed and named in said proposed assessment as altered, modif ied, and corrected, with the changes and alterations herein above made, are affirmed, acbpted, and oonfirmed as the proper special assessments for each of said lots, pieces, or pa rcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed, sha].1 be certif ied to by the City Clerk and f iled in his office and shall thereupon be and constitute the special assessment for ' : I� �;�' • ll '15 'r' �• 1 • �J�' . . I� �' •' �� ID�1 (� � 8. The amounts assessed against each lot, piece, or paroel of land shall bear interest f ran the date hereto until the same have been paid at the rate of nine and one-half (9 1/2) per cent per annuQn. 9. Such assessment shall be payabl e in f if teen (15) annual installments �yable on the first day of January in each year, beginning in the year 1988, and continuing until all of said installments shall have been paid, each installment to be collected with taxes oollectibl e during sa id year by the County Auditor. 10. The City Qerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of all such un�id assessments and the amount which will be due thereon on the f irst day of January in each year. PASSED AND ADOPI'ED BY THE CITY QOUNCIL OF THE CITY OF FRI1g,EY THIS D�1Y OF , 1987 WILLIAM J. NEE - MAYUR ATTEST : S'fiIRLEY A. HAAPALA - QTY (I�E�tK 17A CITY OF FRII�EY MEMORANDUM I�JO Zl�: NASIM M. 4jJRESHI, CITY MANAGII2, AND CITY QOUNCIL FROM: StJBJDCT: DATE: RICHARD PRIBi�,, FIN�NC� DIREGR�R FINAL ASSES3�iII� ROLL �R �E 1987 SERVI(� �I�IlJECPIONS SEFTII�ER 1, 1987 The lateral charc�es made under this assessment roll are made under the authority provided in Ordinance No. 113 and under Resolution No. 86-1962. Each of the properties has cannected to City water or sewer or both without having previously �id a lateral charge. These lateral assessments are co�nputed in tw o ways, either using today's average lateral ch�arges, or using charges that were levied in the general area at the time the lines ir, question were installed, plus accrued interest to the present time. The assessment rate used on the affected properties is the lawer of the above two formulas. Also included in this roll are a storm sewer and street surfacing assessment based on area and f ront tootage respectively. All pro�erty awners involved in this assessment roll have sic�ed agreements agreeing to the principal of these lateral charges. The assessment will be spread over a fif teen-year (15) period with an interest rate of eight and one- half (8 1/2) peroent each year on the unpaid princi�al. x�/ns 17B r--- Engmeenng Sewer Water ,Parks Streets Maintenancv MEMORANDUM TO: Nasim Qureshi, City Mar�ager PW87-302 FROM: Jahn G. Flora, Public Works Director DATE: September 8, 1987 SU BJ ECT: Water, Sanitary & Storm Sa�rer Proj ect # 16 9 As you recall, we have been working with FMC, Webb Publishing, Lamaur and Longvi�a Fiber in regards to the v�nstructio�n of a water servioe lir�e to Well No. 13. At1 parties had agreed to suYmit petitioris and apprave the easements for the proj ect. Zb date, we have reoeived the reoessary petitions f ran FMC, Lamaur and Longview Fiber. We have not received the executed easement agreenent frcm the Department of the Navy f� the line oanstruction along the r�rthern p�rtian of their property nor the petitioci fran Midwest Publishing reoently purc3zased by a british firnn. Since the FMC and Midwest projects are one seqment of the two segment improv�nent, we wouid recommend to the Council that we continue the processing of the project to advertis�nent as we anticipate receipt of the necessary easem�t and petition in the immediate future. : �e project is �oposed to be advertised in two segments so that either or both may be awarded depending on the situation that is existing at that time. Should the Navy eas�nent and or the Mic�aest petiti� mt be available after the petition has been open, we would let that portion of the work for next year's construction, or if either one of the two remaining issues are reso].ved, we can address that at the bid apprwal time. ' Reoom�nend the City Council approve the attached two resolutions for the processing of the Water, Sanitary and Storm Sewer Project #169. JGF/ts Attac3�ments � �� , �� s.�. i n� . A Rffi�UTION ORDERING IMPROVII�N'P AND FINAL PLANS AND SPEQFICATIONS AND ESTII�TES OF COSTS THER�OF: WATSR� SANaARY SFWII2 At�ID SA�2M SFi�THt Pit�TH(T #169 W�RE�S, certain agreements requesting street improvements, including grading, stabil i.zed base, hot-mix bitunirnus mat, sewer, water, storm sewer and other facilities, located as follaas: 51ST WAY : 11'� 1 l• •'��0 �'i I '� � ' � J ✓ �� D+•�r' I' N 5 ��rls; '��1 :,• �,� � � • : �i•, � ir r��:io-�� • � • � • � r• � ♦�ti I-694 � I,700 FLET N(IMH •::_�Cyl" ;��;1 �� t�f1: . �� M i7 �� i7� �% J ( � were duly presented to the Co�mcil on 24th day of Augu.st, 1987; and WI�REAS, pursuarit to the resolution of the Couuncil adopted Auyust 24, 1987' a report has been prepared with reference to the improvenent, and this report was received by the Co�mcil Augus�t 24, 1987. I�,W, �E, B�E 1T RffiC[.V� by the City CAtu�►cil of the City of Fridley, Anoka Cotmty. Minnesota, as follvws: 1. Zhe Co�mcil finds and determir�es that said agreenents were signed by all owriers of real property abutting upon the street(s) named as the location of the imprwenent. 2. S�ch imprwement is hereby ordered as proposed in the Council Resolution adopted August 24, 1987. 3. John G. Flora is hereby designated as the engineer for this imprwenent. He shall prepare glans and specifications and estimates of oosts thereof for the makinq of such imprwements. P�fSSID A�ID ADOPPl� BY T� Qi'Y � GF THE CITY OF FRIII.EY �IS DAY OF , 1987. WILL IAM J. I�E - N�,YOR ATTFST; 3�iIRLEY A. HAAPALA - CITY Q,FRK 3/6/1L29 18A PROJECT 1 6 � 18B ,, . • � ��.... -v- �r--=—=..•• �-= ci�r oF vnm�Er �- �1 , ... �_� �. :�:� ��T?�;:•;'; . 'i �..., r..o.. VOTIN6 9L1Da �'.�, � - �3,:'� . � � �. �2 :',� ::?'r; �°`�'�`� D15TRICIB � OB7f�CTi �k;`; _ „��;^;J',i^ _ _ ,,.._ u _�� • \' � � � -- " �� :.� .-.• , .. ��' --- �,�� ;: ,i �� -. • j. • � ', _.-. =�L.. �. ��X?�—�t v' e� _.... 'i -��-- i �+�n J" i? 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' '�— -=�, �' � ,� %�— ',i + i — — ; � r �,�; � �1 �� ,, :-- � ' � �, ,,� � --" � �?. c' I �..�113 . �r � �� i � s �`�!:' � I; � !.Jl:.�� u�'� � : �' �"`� ,r Jc�� '1 I� ' W •.r; �r � � � �I 1 - r�� •%~�� `' �i : � '�``� .� : 1� i � �� j�•,�� i � �y�-•� .lr i ,, � P H S E 1 ' , ;`_ I _ ,,r; �L � io� �� k = °'; � J I ' �`�'�'� � :- - •�> d - ' --- "� ' Y`S _ � �� _ , � -- +� _� �� > ��,``�� ,� � _, r,� � �� I �� j' I� � � -- l� �� „`�3 ( u � �f-� �'�'��. - � � ? i � ::�/ ��1 ; + `f`�� `i� � �' - _ �iLt'=� —� � �' ,� _--� � :�%, _ ?�� .� ,�- i »�� -- . � � „ . � ��. �� - � �� i� ��',��I i � i c ' I i :� � � _ - �� ` � - — � ' �i�u t`��1'.��: , � � .�I , � � ._.. ... i � � �.� r �. -- --- _.._ ......,�,. ' �� E =`.°� _� �' = - -� F ��' � - - ;- �� , N -�: _ ; _�__' �— s 2 O ' ° �►-T fi R=� _ := i _ '_ _� y � O �;�`- — _—,: ;I �' ► ► =�. _ —. _ _ ' . _ ` . � �� ^ I 11 ' : _ � P H A E 2 � �'�� _ _ ` � ��il� �+ _ '° � _-�. �tt � . � a �,= , g� � � r L.:L�'I�� _- �cs.• - �•s' a �r � —.�..— `� � � _ � --• - _ ' �: ` �s � ` e j,;,;_�` r - _ ° =i� �_ � 1`~� ' Tt? �� ~e �� ..-_ti• •_� .. � i ° ' =A' - � T Sr ^ .s.., R � i u �.l� ,� .^�` � � : .. .� �^L .. ��. .. .. tS .'. �L �� S � ._. _ ze-3 �� Y I ". � f y � �� '"j ; �,i �1� ° � 'i_ a =s:..�? _ :t -� � �� a � orr • ,.zs n � � ,��. i I �{�� `�° _5 �=_ _ �••� ••._•_ =a=' -r�•' � / �l _ � z t� .. ..-, ~ .. �:S � -� x � ..,.^al; .�{- —.:I �T y n-� ^n s..�.. - ?t�� ry�_ n � �' : �f�tjj, �- — $TREET MAP—CiTY OF __, .� `sy� n �i �� _ - - FRIDLEY � =• 4-° � ..,. - I f .-,i... �-'� .........�.... �....o. =v' _ _` z L ._�.�_ ��-Y�� ` � � (� CITY OF FRIDLEY PETITION COVER SHEET Petition No. 9-1987 Date Received September 14, 1987 object Maxwell Graphics would like to participate in the 20' water main project (Number PW87-168) petition Checked By Date Percent Signing Referred to City Council - Disposition � . � �� GRAPHICS GROUP Don Thornton Operotions Monager September 14, 1987 Mr. John G� Flora Director of Public Works City of Fridley Civic Center 6431 University Ave: N.E. Fridley, MN 55432 Dear John: A4uxwi�ll l��c�F,h�c� f � icilrY `�101 Induslciul lilvd. N.L I�� A Fridley, M�nnesot� 55-5? I « 612-572-SF00 Telecopie� : 612-572-O6110 Please consider this letter as confirmation of our discussions that Maxwell Graphics will partici- pate in the 20 inch water main project number PW87-168. As discussed; we would expect as assessment of approximately $32,000 to cover our portion of the project. We also waive our right to a public hearing on this project. Sincerely, % Daniel Thornton Operations Manager DT/bem a ; x�vr�o� No. — i� A RF�OLiTrION ORDERING IMHtOVE!lENT, APPRO�VAL OF PLANS AND ORDERING ADV�Sfl�t' PC)R BID6: %TATIIt� SANaARY S�iiIER � S`A�tM SH�IFR HtQTI'�1' #169 i�RF'AS, the City Co�mcil reoeived an agreement from 100 percent of the property aaners whose property is liable to be assessed with the making of these imprwements requesting the oonstruction of these imprwanents; and W�RFAS, Resolution No. - 1987 adopted by the City Co�mcil of the City of Fridley ordered a11 of these im�ovenents. 1�1, �IItEE�RE, BE 1T RFSQ,VID by the Co�cil of the City of Fridley, Anoka Co�ty, Minnesota as follaws: 1. �hat the following impravanents �xoposed tr,� Co�cil Resolutions are hereby ordered to be effected and completed as soon as reasonably possible, ta-wit: Street impravements, inciuding grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer servioes, stonn sewer system, and other facilities located as follaas: 51ST WAY I'. 1 • •'� 1' �'i �� i�� _� J ti' ✓ i1� • � ,� ,� �+:1� � : � I � y� �t �+a�; ;,� � � o-• •�� • : �r. � i� �'��7 �'� • 1 '� • 1 �' • r"� I�9i �% 1�%QO �. � �.:.�;•,i� :��:� ��?�_��:i u• �� a•.� s t� �at the work invalved in said im�ovenents as listed abave shall hereafter be desicp�ated as: �.ri 4�+� : ��4v; ;+ �a,,►�; ��•.;�� -,�,i�+; • ; �_ ��w . • 2. Zhe plans and specifications �repared by the Public Works Department for such impravenents and each of then, pursuant to the Co�cil resolutions heretofore adopted, are hereby appraved and shall be filed with the City Qerk. 7he Public Works Director shall acoordingly prepare and cause to be inserted in the o�ficial newsgaper advertisements for bids upon the making of such impraven�ts �der such appraved plans and specifications. 7he advertisement shall be published for three (3) weeks (at la�st 21 days) , and shall specify the work to be done and will state that bids will be apened and oonsidered at 11:00 a.m. on the 6th day of October, 1987 in the Council Chambers of the 19 Page 2- Resoluti� No. - 1986 City Hall, and that no bids wi11 be c�onsidered unless sealed and filed with the Public Works Director, and acoompanied by a cash deposit, bid bond, or , certified check payable to the City for five percent (5$) of the amount of such bid. 73�at the advertisement for bids for hT�'F1t, SANITARY S�i+IER � STOR!! SII�t PRQTDCT #169 shall be substantially in standard f orm. P�SID A1�ID ADOYi'ID BY 79E QTY �� ZSE CTl'Y OF FRII�,EY TH7S DAY OF , 1987. WILLIAM J. NEE - N�YqR ATI�'ST: 33 7RL EY A. HAAPALA - CITY CT� II2K 3/6/1L32 19A 19B . .• • : �� s�•. W�ER, SANaARY � S'A'�tM SH�IHt Hi47BCP N�. 169 Sealed bids will be reoeived and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Tel. 571-3450) on the 7th day af October, 1987 at 11:00 a.m., for the furnishing of work and materials for 1,800 Lir�eal Feet 2,200 Lineal Feet lOQ Lir�eal Feet And Appertenences 24" DIP Watern�ai.n 20" DIP Watermain 15" C�1P Storm SEwer W�t, SAN�ARY & SD�tM SH�IIIt AZ4THCT N0. 169 All in accordance with glans and specif ications prepared by John G. Fl�a, P. E. , Public Works Director, Fridley City Hall, 6431 L�iiversity Avenue N.E., Fridley, NN 55432 (Tel. 571-3450) . Plans and specifications may be examined at the office of the Public Works Director and oopies may be obtained for the Contractor's individua2 t�se by applying to the Public Works Director and depositing with the Public Works Director 525.00 for each set. Z�e deposit will be refunded to each bidder sutxnitting a bona f ide bid upon return of the doc�unents in gaod conclition within ten (10) days fran the bid op2ning date. Bicis must be made on the basis of cash payment for work, and accompanied by a cash dep�sit, oertified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without oonditiai to the CiLy of Fridley. MV, in an amnount � r�t less than five (5$) per oent of the total amount of the bid. The City Council reserves the ric�t to reject any and a17. bids and to waive any informalities in any bids reoeived without explanatian. No bid may be withdrawn for a period of sixty (60) days. By order o�f the City Co�cil o� the City of Fridley, Minnesota. D�ated this 24th day of August, 1987. Published: 3/6/11/10 . �, a.. September 16, 1987 Sept�nber 23, 1987 Septenber 30, 1987 John G. Flora, P. E. AJBLIC WCE2KS DIRDGInR • � K •, � • :.t � September 18, 1987 September 25, I987 October 2, 1987 RF�CGLfl'I0�1 N0. - 1987 RFSCLU�ION R0�UF5�I1� �E 1�IIHI�A DE� OF TRANSPORTATION ZD Il1(I,L�E 7HE �NSII�[TCTIDN OF A 2�IlJC�i WA�IIN CIt�.SIl� I-694 I�1it �IE BtJ1�Il�ZON NCR`IIiERId RAIL�ID BRIDGE WHFREAS, it has been cleened advisab�le and necessary far the City of Fridley to extend watermain facilities to a000�nodate future develognents prior to the widening and reo�nstruction of I-694, and wHIIZEAS, the said reoonstruction project has been apprwed by the Minnesota Department o� Transportation and identified in its reoords as S.P. 0285-50 (T. H. 694) . I�7W, �iFRE�RE, BE IT RESCLVID by the City Cotmcil o� the City of FridZey, Miruzesota as fallavs: 1) The City hereby requests the Minnesota Department of Transp�rtation to inoorporate the watermain oonstructiori with the above-mentioned State proj ect, and 2) The City will be responsible for 100 peroent af the watermain construction costs which shall be identif ied in an agency agreenent between the State and the City. Said agree�ttent to be preg�red by State and surmitted to City for appraval. PASSID AND ADOFTID BY THE QTY �IJNQL OF THE CITY OF FRIDLEY THIS IaAY OF , 1987. WB.I,7AM J. NEE — l�YOR AT1.'F�T: 337RLEY A. HAAPALA — CITY CLIItK 3✓6/L3 20 Parks Streets Maintenance MEMORANDUM TO: Nasim Qureshi, City Mar�ager FROM: John G. Flora, Public Works Director DATE: September 8, 1987 SUBJECT: �� Waterline Resolutim An187-303 In oonj�ctian with the water servioe line extention to Well No. 13, we have been working with NhDOT District 5 to incorporate the installation of the waterline under I-694 during the Burlington Northern Railroad bridge impravenent phase of the proj ect. We have reveived r�otioe frcm 1�.DOT requesting a petition be sutmitted by the City CoLmcil in su�port o�f �is work and approval o� the preliminary estimate of 5112,812.00. In order t:o oontinue prooessing of this waterlir�e, reo�mnend the City Co�mcil apprwe the attac�ed resolution fcr the installation of the waterline under I-6 94 . JGF/ts c 20A � '� � ,I II II ± - -�� i �� j� � I �� !PE� I ' � I' �' i i _ � i \ `J � I � I � �� I ( II I I ; PiPES � I � �----J � ' � ,� � i \ i � � <�-'� ,r � � ^ � � �- --- � �-. � � C PaD � � ; PROPOSED 2�'D.I.P.IBY OTHERS) ;— i i � ; i _--_TRAtL ----�� BEG. 24' D.I.P.�9Y OTHERSi ENO CONST. 2�' D.i.V. -�. LE2 WB 42'X184' R.C.P. CASING - SAwCU7 CONC. PAV'T. ••:;>m:;::: . �.;a.:::l,lZ L.:. POfiTION OF . , �_:� ..:•:•::. 6Q98 ;:::::?0.; BE .Ja p::;:;: ..::.:. .• Qi'1�:>:�:�: 24"315 YAR. BIT. PAY'T 15 CURB — SOI --- 3 5 SOi 5pp 26' YAR. BIT. PAY'T c,�y _- - 5010 w U Q d � z � Q 0 a Y f r �iw � —; �.z��_;z� .1, BEC. CONST. 21' ENO INP, 20' .i. 1NP. 20' D.I.P W t� Q � O E- .. z � 0 Y z � � � N; m� � � � � � � � I M� � � �1.� � � s � � 1 � ' � � i � i _ 1 1 � 1 1 1 � i � � W � � �� . i �y � LL � / � � � �� i z� S � 1 1 � � TRC�IL �� 1 / �'- � � � j � `�� LEGEND ' \, 5000 M.H. OR C.& NUIdBER I � � ■ CATCH BASIN , O INPLACE CATCH BASIN � � I' N � 1 o ir�i cE ►�Aw+aE _ . I � I' -�- STOR�t SEwER u7�. t� I' �- INPLACE STORLI SE11ER B21 � I � , I -FFFFh HA�Y OR STRAN BAlfS ! � ; ; -XC- CH4IH tINK FENCE -�- ShOw FENCE � ► APRON QR HEADN'ALL f I � 1� D INPLACE APRON r � ' ' ; � -fl-- SUBSURFAGE DRAINAGE I � 8� RIPRAP _ f � � j � \�� \ �� ' f `\ � ..�. - ; \ � -- -._ _ � �-'..- \ ��'� 0 ERHEAD ��_�...-� �RR SIGNA�S SIGN � �—.� _ � R/N t280X BIT. Q1R8 .;;;STAIPIHG LINE ::;:::�3•�:.� . 80 BR. 02807 :� ::::>':::::;' � _ + _a � .'��'c?:i, ...':S�i [ �� D��f��,�3ii �� . 1 a ► � � , � �� :• ' ' � ' � , �a 1 , Z , O � ~ rz , H 1 � � M� ' w I � i I BIT. PAV'T. �' BIT. �' BIT, B I 7. �. LOR TE BEAY GUARORAII BIT. PAV'T. jr-�4RCy7 COfVC. PAV'T. . -�.._.�. == i0� $M�U. IHP._ __ ... __ ' V• TNA. _ 11' I4P. 1�421 C - -_____----,�-_ --- -�-�=---- nW� GONC.PAV'T._�=_-- - ' _ _ 12_INPy -."-�,�^---.�--- 10' SHLD. I� �A�'CIiT�'�911. PAV'T. PI� ��t LC EB END PqO�IIE GRADE CHANCE t /��—�--------�1 Ja , . � BoX j � 1 � �1 r� � i s �- \ I ` , I `` � II �.� j 1 `\ � it � / i � \ \ J� � �, 0%�`� ` f � � � \� / � 1� 1 `1 � % �. � C\ � / `I i .. I ' STATE PROJ. N0. / � � I `�� L� CONS7R� EROSION LC 0285-50 tT.H.69a� SH 2 _ FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES � SEPTEMBER 14, 1987 GAS SERVICFS Eoonany Gas Installers InC. 6204 France Avenue South Edina, MV 55410 Ktunpula Plunbing & Aeating Co. 2537 - Sth Av�ue South Minneapolis, NN 55404 GIIVII2AL QONI'RAGTOR A. W. B. Fhterprises Builders 416 9 Adai r Av�ue Nor th Crystal, NN 55422 Arlel Ranodel ing 5744 W. M�ore Lake Drive N.E. Fridley, NQV 55432 Aspenson Constructian 291 Rice Creek Terraoe N.E. Fridley, NN 55432 Hem�anson and Sans, Inc. 16935 Chisholm Street Han Lake, MV 55304 Hane I�bdernizers, Inc. 4153 NLinnehaha Minneapolis, NN 55406 Iro�nwood Constructio� 3909 Central Avenue N. E. Columbia Heights, MJ 55421 Herb Knutson Construction 11501 - 13 4 L 2 Avenue Nor th A�yton, MJ 55327 Merrill Moen Ooritractor 4441 Madison Street N.E. Minneapolis, MJ 55421 Northland Sunroans Ltd. 7496 Berkshire Way Maple Grove, NN 55369 P�rch Living 1903 Highland View Ave. Burnsville, M� 55337 Ranoor Cbnstructian 9029 Dupont Av�ue Bloomington, NN 55420 By: Janes Tootiey By: John Kumpula By: Tony Braoe By: Ken Bangs�md By: Charles Aspenson By: Murray Hermanson By: Lee Raley By: wallaoe Strand By: Herb Knutson By: Merrill Nben By: Tam 9nith By: Craig Vossen By: Ran Baker WILLIAM S�iDIN Plbg.-Atg. Insp. Sa¢ne ��• � ��• . • - : .. • SaQne Sane Sane Sane Sane Same Same Same Sane Sane r FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES � SEPTEMBER 14, 1�87 W1IIC�OW & S1CIlY1C� CONy2CtlOI1 Il'1C. 11576 Flirttwood Street N. E. Coon RapiciS, MJ 55433 �iEBTIi�i � Air Corp Mechanic,al 2525 Nevada Avenue North #303 Golden Valley, MJ 55427 F�er� Ha�ting Servioes Route #3, Box 170A Zimmerman, NN 55398 K�unpula Pluabing & Heating Co. 2537 - Sth Avenue South Minneapolis, M�I 55404 Suiburst Heating & A/C 155b Oiakways Wayzata, Md 55391 $�FS� C& F Tile Installation Inc. 1922 - 128th Avenue N.W. Coon Rapids, NN 55433 SIGN ERDCI�DR Cxosstvwn Sic� Inc. 10166 Central Avenue N.E. Blaine, MV 55434 Et�uity Constructian Cb. 561 - 3rd Street Excelsior, NiV 55331 By: Wally Rikos By: Mike Erickson By: Cecil Seals By: John Kim�pula By: Maynard Johnson By: Fred Nedland By: Richard Fox By: DiCk Walsh sane � WILLIAM SANDIN Plbg.—Htg. Insp. Same Same Sa�ne I�P►RRFL Q�ARK Chief Bldg. QEcl. LY�RRII, (ZARiC Chief Bldg. QEcl. Sane � ' FOR CONCURRENCE BY THE CI'ri( COUNCIL -- LICENSES RESIDENTIAL RENTAL PROPERTY !.1��' � _; � � �. ; � � �. 1�� . � � • • � �s� � .. . . Hong and Piau" 7190 Central Avenue c/o Dai-Shen and Grace Hong 2298 17th St. l�l New Br ighton, N�V 55112 KA� Properties 6551 Channel Road P.O. Box 22632 Robbinsdale, NR�I 55422 Same c�mer as above 6571 Channel Road Flayd A. & Linda N. 7673 East River Road id�ggles 2453 E. Cawe rn Place N. St . Paul , I�IIV 55109 Tan Adams 430 Ironton Street 304 Ironton St. I� Fridley, N�T 55432 Robert & Kathleen 117 Mississippi P1. Andres 3368 - ll8th Ave. 1�W Coon Rapids, NR�i 55433 Allan C. Mattson 120 Mississippi P1. 1625 - 3 rd Ave. S. Anoka, I�V 55303 Ronald Lafond & 140 Mississippi P1. Helen Lewascko 12621 Uplander St. I�W Mpls, I�V 55433 Chris Jelevarav 160 Mississippi P1. 6477 Riverview Terr. Fridley, NIlV 55432 4 36.00 11 49.00 11 49.00 4 36.00 3 36.00 4 36.00 4 36.00 4 36.00 4 36.00 Farr Marketing Inc. 1601 N. Innsbruck Drive 39 103.00 4600 Lake Road Mpls, NIN 55422 James & Arla Lawrence 1601 N. Innsbruck Drive 6 36.00 1550 - 6th Ave. No. 164,215,278,332,339,344 Long Lake, NQV 55356 Chris Jelevarw 6471-77 Riverview Terr. 3 36.00 6477 Riverview �err. . Fridley, NIIV 55432 � FOR CONCURRENCE BY THE CtTY COUNCIL -- LICENSES � . RESIDENTIAL RENTAL PROPERTY Q�INER I�OCATION GE' BUILDINiG U1�IITS FEE APPRaVID BY R. H. Larson, FP'B/ Housing Insp. David Heryla 5761 2nd Street 1100 Polk St . I� Coltambia Hgts, NIlV 55421 T1�omas Wolff 5770 2nd Street 5269 Matterhorn Dr. Fridley, N�I 55421 David or Shirley Burg 5866 2nd Street 2291 Lois Drive New Brighton, NIN 55I12 Arnold Aspenson 6510 2nd Street 6493 Riverview Terr. Fridley, NIId 55432 Milton R. Carlson 5035 3rd Street 5035 - 3 rd St. NE Fridley, NIN 55421 E. Norwoa3 & 5974 3 rd Street B. Braithwaite c/o N�ws Realty 7412 Lyndale Ave. So. Richf ield, NR�1 55423 Margaret Hendley 5800 4th Street 118 Craig Way NE Fridley, 6�] 55432 Roscoe S�nith 5451 5th Street 370 North Arm Lane Mound, NIlV 55364 David W. i3�st 262 57th Place 5735 Quincy St. N� Fridley, NII�i 55432 Otto Westenf ield 110 61st Avenue P.O. Box 32021 Fridley, N�II�T 55432 Dan Staver 389 74th Avenue P.O. Bax 32628 Fridley, NAI 55432 Rohullah M, Vedadhaghi 450 75th Ave., #3, #7. #10 3 8527 Hiawatha Ave. S. Eden Prairie, r+IN 55344 3 36.00 8 49.00 4 36.00 3 36.00 7 36.00 4 36.00 4 36.00 32 89.00 8 49.00 8 49.00 11 49.00 36.00 � FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES RESIDENTIAL RENTAL PROPERTY Q+�iNf:R LOCATION CF BUILDIIVG UNlTS FEE APPROVF� BY R. H. Larson, FPB/ Housing Insp. Floyd A. & Linda N. 106 77th Way Ituggles 2453 E. Caaern Place N. St . Paul , NA1 55109 David L. Halek 7313-15 Able Street 10901 Eagle St. D%1 Coon Rapids, NQ�i 55433 Marvey Mayer 7431-33 Able Street 7431 Able St. I� Fridley, I�'IIV 55432 John Ham��ang 14�42 Charles Street 805 Windemere Drive Plymouth, l�i 55441 Max L. Peterson 7320-22 E�ert Court 1296 - 29th Ave. NW New Brighton, NIlV 55112 Neeta & Sartaj Sahni 7335-37 Et�ert Court 3 Hill Farm Circle North Oraks, NII�t 55127 John & Anna May Broton 1321-23 Fireside Drive 8551 �reka St. Ventura, CA 93004 Allan & Pamela Fehn 1251-53 Hillwind Road 1251 Hillwind Rd. I� Fridley, NA1 55432 4 36.00 2 24.00 2 24.00 2 24.00 2 24.00 2 ' 24.00. 2 24.00 1 12.00 Jack Halverson 1601 rl. Innsbruck Dr,315 1 12.00 697 O�sceola St. Paul, NaV 55105 Caman Properties 1601 N. Innsbruck Dr,362 1 12.00 560 Heinel Dr. Roseville, NBV 55113 S. R. and Savitri 1230-32 Norton Avenue Madireddi Box 54 Gaylord. NIl�T 55334 2 24.00 0 0 � FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES ' RESIDENTIAL RENTAL PROPERTY QdI�TER LOCI�TION CF BUILDING LTNITS FEE APPRUVID BY R. H. Larson, FP�/ Housing Insp. Michael Flannery 1326-28 �orne Road 2 24.00 2611 Central Ave., #407 Mpls, NIN 55418 G& G Building Inc. 6421-23 Starlite Circle 2 24.00 8457 Rivervi�w La. N. Brooklyn Park, NRV 55444 Steven Petschel 7323-25 University Ave. 1 12.00 7325 Univ.Ave. I� Fridley, NRV 55432 Robert E. Dove 7385-87 University Ave. 2 24.00 7505 Jackson St. NE Fridley, NIl�i 55432 Violet Rocek 5791 2 1/2 Street 1924 Garfield St. I+� Mpls, NR�1 55418 Richard H. Rappes 5370 4th Street 3129 Webster Avenue Mpls, NR�1 55416 Bradley Wadsworth 5840-42 4th Street 5840 - 4th St. 1� Fr idley, NII�I 55 43 2 Timathy P. Wheeler 5600 6th Street 5602 - 6th St. I� Fridley, r'Rd 55432 Charles V. Westling 5536-38 7th Street 5536 - 7th St. I� Fridley�, NA1 55432 William M. McGonigal 450 - 75th Ave.,#4 4806 Hawe Lane Brooklyn Center,l�RV 55429 0 2 24.00 2 24.00 1 12.00 2 24.00 1 12.00 1 12.00 ' FOR CONCURRENCE BY THE CITY COUNCIL " ESTIMATES September 14, 1g87 Herrick � Newman� P. A. 6u01 University Avenue N.E. Suite 205 Fridley, NQT 55432 For Services Rendered as City Attorney for the Month of August, 1987 . . . . . . . . . . . . � 1,046.25 Allied Blaektop Company 10503 - 89th Ave., N. Maple Grove, I�IId 55369 Street Improvement Project ST. 1987 - 10 (Sealcoat) FINALFSTIMATE . . . . . . . . . . . . . . . . . . . . �60, 842.25 Custom Turf 298 C7�ester Street St. Paul, I�IIJ 55107 Creek Ridge Park Irrigation Project #177 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . $ 6,7u0.00 Enebak Construction P.O. Box 458 Northfield, 1�4d 55057 Demolition and Site Grading Project No. 163 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . �115, 52�1.62 Halvorson 4227 - 165th Ave., N.E. Anoka, tYW 55304 Miscellaneous Concrete Curb � Gutter - 1987 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . � 1,793 •79 Northwest Asphalt 1�51 Co. Rd. #8g Shakopee, I�1 55375 Street Improvement Project No. ST. 1987 - 1 Estimate No. 5 . . . . . . . . . . . . . . . . . . . . � 6, 365.95 Park Construetion 7900 Beech S treet Fridley, l�Ild 55432 � Water � S anitary SeWer Project #162 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . �12, 508 .65 Subterranean Engineering 6875 Highway 65, N.E. F�^idley, I�T 55432 Demolition � Site Grading Project #163 Partial Estimate . . . . . . . . . . . . . . . . . . . � 5,89�+.55 23A CITY OF F�IDbBY ��GIABBEI�G DBPaH4xB�4 6431 U�IGEBSITY AVB�06 �.6. FflIDb6Y, Md. 55431 Date: Septe�ber 14, 1481 Ta: fl0A0BAB�E MAY�fl aad CITY COOACIb CITY OF F@IDbBY 6431 �AIYBflSITY AVBAQB �.B. :HIDLEY, HIARBSOTA S543Y STEEET IMPBOYBflEAT PBOJ6CY ST. i937 - I {SBALCOATI C08TB�CT ITnM �ealcoat vits r"A-2 Class C �eacoat srzth .A-3 Class C flE: �st. Bo. 1- FiAAb Per. Endinq: Septeaber 14, 1981 COAPBaCPOH: Allied 8?acttop Company 10503 - 89th Ave., A. Maple Grove, M� �5369 ��HTEAC2 �stiaated �n2t Y'13Iltliy Price 161,402 sq.yd. 0.1755 31,50§ sq.yd. 0.3950 PHOGflESS Quantity Quantitp Aaount This Bst. :o �ate io Date 165,§00 165,500 S45,S95.2S 39,60Q ?8,600 fIS,241.00 TQTAb 560,942.25 sor�aaY: Qriqinal Contract Aaount Coatract Additions - Chanqe Crder 8as. Contract Deductions - Chaaqe Order 1os. Bevised Contract ll`ount Value Co4pleted ?o Date Amaunt Betained IS$) (10�► �ess l�mount Paid Previouslq PMOOAi DOB YflIS &S'tI2�1TE C°FTIFICAT& OF TH& C08iHACR08 f60,933.75 0.00 0.00 0.00 50,841.15 60,84i.15 0.00 f60,84Z.1S I hezehy certify t6at the xork performed and the `aterials supplied to date undei terms of the �ontract far the reference project, and ail autborited cflanges thereto, have an actual value under the cantract of :he a�ounts shoxn on this estimate land the final quantities of the final estiaate are correctl, and t�at this estimate is just and correct and ao ra*t � the "A�ount Due is tim�e" has been received. � � / — y7 gp �=�f/ Date ' �on ractor's uthoriae fleptesentative ITitle) �a&TIFIC�1'"B OF ?9$ sAGIAEBfl I hereby certify that I have prepared or esaained this estimate, and that tbe ccntractcr is entitled ta papaent of this esti�ate under the cont:act for refetence rro;ec:. i.i:Y :;F r'wiDbSY, :9��BCTGR . -'" �� 9p ' _ � L_ �; Checked 9y: / l : Date � � � _ u `� Hespectfully Sub�itted, City of Fridlep � Bp J . ora, P.B. Dir or of Public Norgs 23B September 14, 1987 To: Public Works Director City of Fridley ; �+��.;� �,, � : ��'+• �.�M �,� :�! � 44 •' �; 1� �► ��; � v�' �,��1�'u��+�1 �:�_ 1a.�/ � ' .y 1 .a.�,; � We, �e tnc3er sicyzed, have inspected the above mentioned proj ect and f ind that the work required by the contract is substantially complete in conformity with the pl ans and specif ications of the proj ect. All deficiencies have been aorrected by the oontractor. Also, the work for which the City feels the oontractor should reoeive a reduced price has been agreed upon by the oontractor. So, therefore, we reoomnend to you that i-he City approve the attached FINAL ESTINY�TE for the oontractor and the one-year maintenar�ce bond, startinq f rom the day of the f inal inspection that being August 28, 1987 . 6'h J Thampson, Constru ion Inspe r � / % Contractor Representative, (Tit1e) BN/ts 3/6/4/10 23C Septe�ber 14, 1987 City of Fridl.ey �• � � i••�� s .. � aW � � • •• •� �;�M : 4' �.' 4.1 ��4;:�1��;7 'Ihis is to certify that items of the work shawn in the statement of work certified herein have been actually furnished and done for the above mentioned projects in aco�rdanoe wifih the plans and specifications heretofore appraved. Zhe fir�l o�ntract vost is 560,842.25 and the final payment of $60,842.25 for �e improvenent project would oover in full, �ie oontractor's claims against the City for all labor, materials and other work done by the vontractor uzder this jxoj ect. I declare timc�r the penalties of �erj ury that this statement is j ust and correct. 1'� : �MY •• �• I•. I � Contractor epresentative (Tit1e) JT/ts 3/6/ 4/ 9 23D CLTY OF FRID��EY P[IBLIC WQtKS DEPARTN�NT E�IGINEFRING DIVISION 6431 i�iversity Avenue N. E. Fridley, Miru�esota 554342 Septeaber 14, 1987 H�onorable Mayor and City Cotuicil City of Fridley c% Nasim M. Qureshi, City Manager 6431 University Avenue N.E. Fridley, NN 55432 Cotuicil Members: �;�M � ; y �,� y.� �+�. ►i �+: We hereby sutmit the Final Estimate f or Street Imprwsnent Proj ect ST. 1987 - 10 (Sealooat) for Allied Blacktop Caapany, 10503 89th Ave., No., Magle Grave, NYJ, 5536 9. We have viewed the work under contract for the construction of Street Improvement Project ST. 1987 - 10 (Sealcoat) and find that the same is substantially complete in accordance with the contract documents. I reoomnend that final payment be made upon acceptance of the work by your Honorable Body and that the one-year oontractual maintenanoe bond o�mnence on the date listed above. Respectfully suLmitted, Jahn G. Flora, P. E. Public Works Director BN/ts 3✓6/4/11 Prepared by Checked by : � � - ��L � --�--�u 23E C1TY OF FRIDLEY Engineering Department 6431 University Ave�ue f�idley, Minnesota 55432 pate Aucn�Gt- 3. 19 R'7 T0: Fionorable Mayor anC City Council City of Fridley 6431 Ur►iversity Avenue Northeast fridley, Minnesota 55432 Creek Ridqe Par'k Irrigation Project #177 Contract ltem �C�cf^pm - 0 TOTAL 23F RE: Est. No. 1�" Fintl) Per. Endin9 .._ �1�2, iq�� For C�.istcm Turf 298 Chester Street St. Paul, N�1 55107 STATEMENT OF MORK st�mate Un�t Quontity uantities Price This Est. uant�ty To Date � ,.� Q . Amount To Date �.,�„.,,., _ L SUMM�IRY: Original Contract Amount Contract Additions - Change O�der Nos. � Contract peductions • Change O�der Nos. Revised Contract Nnount Yalue Completed To Date SUB TQfAL Amount Retained Qt0(k�� 0� Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE � �ERTIFICATE OF THE COATRACTOR = 6,740.00 i -- a. _ -- = 6,740.00 s 6,7a0.o0 f 6,740.00 i -0- s -o- s 6s74o.o0 23G I hereby certify that the work performed and the materiats supptied to date under terms of the contract for reference project, and all authorized changes tnereto. �ave an actual value under the contract of the amourts shown on this estimate (and the finat quantities of the final estimate are correct), and that this estimate is just and y rrect a�d no p of the "Amount Due This Estimate" h s been received. � � , gy � Date ? �� on actor s A orized epres ta �ve i e CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for �eterence project. CITY By 100A/1091A Date � Z Respecfully submitted, CITY OF FRIDLE� / By ; r L , . . ubl ' Work s Direttor July 22, 1987 �I�O: Public Works Director City of Fridley ;�� :� �;� �► � �+ ► �� • • . �•��+ • �e r • . . � . .,• We, the undersigned, have inspected the above-mentioned project ar�d find that the w�rk required by the contract is substantially co��lete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we reccam�nd to you that the City apprave the attached FINAL ESTIl�� for the contractor and the one-year maintenance bond, starting fran the day of the final i.nspection, that being July 22, 19 8.7. JT/ts � n Tho�son, Construction Inspector � -Gu . Con actor Repr tative, (Title) 23H July 22, 1987 �«s�+�+ rr, • � � � •�• a «;� r �w • i �� •• This is to certify that itPms of the work sYxxan in the statement of work certified herein have been actually furnished and don�e for the above-mentianed projects in accordance with th�e plans and specifica- tions heretofore approved. The final contract oost if $6,740.00 and the final payment of $6,740.00 for the improv�nent pro�ect would cover in fuZl, the contractor's claims against the City for all labor, materials and other wark done by the contractor under this project. I declare under the penalties of perjury that this stat�it is just and correct. C[JS�+QNI TCTRF � �� . � • Contractor presentative (Title sr/ts 231 �z� � �� PUB�LIC WC3RFGS DEPA�I'A�P II'JGIP�ERING DIVISI�i 6431 Univ�rsity Av�nue, N.E. FYidley, Aiinnesota 55432 July 22, 1987 Honorable Mayor and City Council City of Fridley c% Nasim M. Qta,reshi, City Managex 6431 University Ave., N.E. Fridley, N�T 55432 �� i� u��W: �: � C�KCIFICATE OF TI� ENGII�R We hereby su}�mit the Final Estimate for Creek Ridge Park Irrigation Project #177 for C�zstc�n Turf; 298 Chester Street, St. Paul, NN, 55107. We have view�ed tYbe work under contract for the constructioaz of Creek Ridge Park Irrigation Project #177 and find that the sai� is substan- tially carplete in accordance with the contract da.�azts . I reccamPnd that final payment be made upon acceptance of the work by your Honorable Body, and the oa7e-year co�ntractual :naintenance bond c�nce on the date listed. Respectfully suksnitted, John G. Flora, P.E. Public Works Director ,Tr/ts i� - .. �. . Checked by 23.1 � .�. i' Ernst Associates MEMO DAT E: T0 F Ra"1 REf. PRESENT TIME: � 9 September ?987 Merk Burch (�ene Errtst �✓�"'� � Lekepointe Cor ate Centro LsnQscape Chan Order deted 8/26/87 / A1 Li(Mstrom. MN iley Mark'BuCch, City Fridley (�ene Ernsf, Assoc. 9:30 e.m. / cioudy / 69� �� 3 The tollowing items were discussed during our meetin�: We reviewed the chenge order deted 8/26/87 es presented by Minnesote Valley. We had reviewed this chenge order last week end needeC edditional cleriticetion in reference to items outiined. As of this meeting the following items were egreect peduct Items Rip Rep Ciass �4 30.000 s.t. Q S 1.55 ==46�SOQ.00 Rack Mulct� 750 s y. p i.45 = 5337.50 Rock Po1y Edger 22001.t. p t 1.00 = =2200.00 8oulders 88 eech Q 540.00 = 53�520.00 110d liems Sod Mobili�iion 3480 s.y. @ =1.10 = s3,828.00 None � �2 !� � y It was sgreed that the City af Fridley would take the boulders ttrei heve been delivered to the sitP ar�d dispose of lhem at their discrelion. 1 mentioned that 1 would oontHCi some contraciors to see it they would be interesied in purchesing those boulders irom the City o� Fridley. 1 recommend tt�e1 you doai'i hold up your sctiedute in dis�osirg of tt�ose but if tf�ere is somebody that cen get in and get ihoee boulders out quidcly U�en I am sure you woutd be plee9ed with thet. LANDSCAPE ARCHITECTURE � LANC PLANNNG � 122 MIEST SIXTH STREET � CMASKA, MINNESOTA 55318 � PHONE 61Y-448-t094 •F '� F��St Associates 2�� 9 Sepiember 1987 P�ge 2 rri iion - The figure will be slighily chenged es per John Thompson's discussion with Scott Sttianessy. On Fri�ay of last week i discussed with Scott ihe oost br�kdown and feel that the price ihai they ere �oiing you is cor�ect and tair. A1 was going to c�eck wiih Naiurel t�een to clsrify the tinal figure. You were going to check with John Tfwmpson to tind a�t whai he had discussed with Naturel Oreen. We didn't have an agreed tigure es of this meeting. Tt�e 55,295.00 mobilizetion tigure th$t we q�stioned has been remwed trom the change order. The primary reason tor our meeting ihis mornir� was to discuss MN Yelley's extra casi es ii relates to delay of time. If you refer to the speciticatiorrs it does spell out Quite cl�rly under Seciion 0 12, paragraph 3-24 DELAYS AND EXTENSIONS Of OONTRACT TIME thai the City is prepared to extend t�e d�dlines for the project completion but there is ra oompensation for that deloy. A1 st�ted that he was going io be cher'ged an addiiior�al =75 a tree by the Chicago nurseries because ihe trees have not been moved out of the nurseries as MN Valley had sgreed. A1 siated ihat they were Deing c,�arged for addiiional growih on the trees and addilional labor and materials to reboll ttwse trees to move them to the Minneapolis erea The trees have Deen dug in Chicago but were left in the hotes uniil it was time to mwe them io the job site. The City o1 Fridley t�es air�dy paid MN Valley a portion of the coniract tor those trees t�ai have been tagged I do not feel thai lhere should be eny additional charge fran lhe nu�series t� additional growth sicxe the time ot tagging. It is my teeling thst MN Valley h�s owned ihose trees when they were paid by the city ot Fridley. The item in quesiion is ihe additional cosi for reballing ihase trees because they heve sat ei the nursery longer ihen snticipated. It should be noted that ttmse Uees could not have been moved direcily trom the Chicego nursery erens in iheir tinal planiing lacation arry eerlier than lete summer or fall of 1987. A1 staied that he t�'t reoeived e bill trom the nurseries but the figures were based on telephone conversartions wiih ihe Chicago nurseries. A1 agreed to get ma-e back�ound informaiion from Dave Lindsirom who tres been handling t1�e job end irom ihe nurseries �equesiing the addilionel cost. l�s of this meeiing Fiartm� Tree Farm had not requested any addiiionel costs on the trees, but Al siaied that he had rat oontecied them as ot this meeiing. A1 said he would tie down the additionel cosi items and clarity ihe irrigation additions and gei Dack io you tod�y. �arihwork and Sioae - On Thur�dey, 10 Sepiember. you wili kraw the tinal ouicome of whether the wesi slope will be mwed or wili �ernain et its pres�nt locaiion. As soon es we get that informaiion it�en we can instruct MN Yalley to proceed with the planting on that slope. Beceuse of the slope ( 3: t), MN Velley will piant 1hosE trees some time during the month ot November. they prefer weiting uniil then because the trees wiil need in be belled end lifted into position. It tt�e are arty questions� canmenis, disa�epancies or changes nee�ed in this memo pl�se do nat t�esitste to get back to me. c.c. A1 Lindstrom Eric Nesseit J�ohn McClure Dave Weir Scoit Shanessy � �,. . . p�UBLIC WC�2K5 DEA�R�1T Engineering Divisirn QTY OF fRIDLEY FridlEy� Minnesota September 14, 1987 Minnesota Valley Iandscape, Inc. 9700 Bush Lake Road Nlinneap�lis, NN 55438 9UBJDCT: Change Order #3 - Lanclscaping, Irrigation And Lic,�ting Ptoject �168 Gentl enen: 2.� 3 You are hereby ordered, authorized and instructed to modify your contract for Landscaping, Irrigation and Lighting Project �k168 by adding the fallvwing: Y u Rip Rap Cl ass # 4 Rock Mul c� RQCk Edger Boulder s ► y�, .NY �.�� :'.:�. � :�Y YM'1 30,000 Sq. F't. 750 St�. Yc�. 2,200 Ft. 88 itI3II'� S 1.55 .45 1.00 40 .00 �TAL DEDUC�IONS :i� Yv•,.� Ir ri c$ ti on Addi ti onal Install ati on f ar P�nd Ar eas L�np Sum � 3,480 Sq. Yds. S 1.10 ZpTAL A�ITIUNS : �. $46 ,500.00 337 .50 2,200.00 3.520 .00 552,557.50 S 5,510.00 S 3.828� S 9,338.00 I�.'P I7Et7[l(TIION AHD(JIa �1�lGE G1�tDF�t t�l�. 3. ...(543.219.50) ORIGIldAL a7t�1�21�(T PRI(� (Proj. #168) . . . . .S481,413.00 CHANGE CfftDII2 N0. 1 . . . . . . . . . . . . . .S 5,585.47 CHAI�E ORDg2 N0. 2 . . . . . . . . . . . . . .S 11,872.00 QiAtdG E CfftDIIt N0. 3 . . . . . . . . . . . . . ( S 43 ►219.50 ) RE.VLSID 0(k]'�tALT �'1xJNT. . . . . . . . . . . .5455,650.97 ta► .,. l�;i nne sota Vall ey Lands cape, Inc. L 1 C-- . Page 2 Change Order #3 - Project #168 - Septernber 14, 1987 �brnitted and appraved by John G. Flora, Public Works Director on the 14th day of SeptHnber, 1987. Pre�red by � C�ecked b� �!_��d� "�� ,i� ,- � j%./�� f_ �ahn G. Flora, P. E. �ubl ic Wor ks Di rector ----------------- Apprwed and aocepted this f ��day af �� • , 1987 by Minnesota Valley I,andscape, Inc. 1�'QAIIJF50TA VAI�LEY,�.�IDS r C. /y��,�-,,,�� l � �� . `1� � � � ��v � es nt ---------------- Approved and accepted this day a� , 1987 by the City Council of Fridley, Minnesota. 3/ 6/ 4/ 6 WII.L IAM J. I�E NWYOR S�iIRLEY A. H�PALA - CITY CLFRK f � ' . _. -� ,�' J ., : I IE�,��,e��,g 'Sewer Water IParks ,Slreets �� u - � • MEMORANDUM . � Nasim Qureshi, City 1�Yar�ager � A�187 308 TO: Jo1�n G. Flara, �ic Works Director FROM: September 11, 1987 DATE: Change Order Request, Water & Sewer Project #162 SUBJECT: II�ebak Construction plans to vompte�be the majority of the earthwork in the W000�ricige/Lake Poirte sibe daring the week of September 14, 1987. Sunde Engineering, au amsulting erigineer, has infamed Park Construction, who is to oanplete �e water and sanitary sewer work in our Project No. 162, to p�epare to reinit3ate o�nstruc;tian c�iring that week. On August 18, woe reaeived a rotiae fran Park Construction indicating that they anticipated increased costs for their work due to the delay in the mrthwork oodnpletian. I� have just •reveived a letber ider�tifying an increa�e of 55,820.00 ass�ciated with the renob�ilizing and labor o�sts. '7he Park request was r�ot reoeived p�ior to the Sept�ber 10 9RA meeting and Sunde Engineering was not included in the correspondence. As work is to oannenoe �on the water �d �ewer lines the week of September 14, 1987, the � Coia�►cil may wish to oonsider this d�ange arder in order to prec.l.ude any delay in the aonstructian progress of this praject. JIGF/ts Attad�naents . . � <� � ` _"",`, t =` - n3:,�- ��,�. ,. 3, n� fi � _ � _ - _ , � . ,o�:tr-. - . . � ' • .- . � � �, � • • o�c,o�o � � CONSTRUCTION C0. ■COMMERCIAL,AND , `�� , ��N�� INDUSTRIAL EXCAVATING cef ■ ROA� BUILDING s ■PILE DRIVING ` o ■SEWER,WATER �, '+i INSTAI.LATION .�� IMEi��;.. ■ BRI�GES ESTABIISHED ■ GO�F COURSES ■SUB DIVISION AND 1976 LAND DEVELOPMENT ■ EQUIPMENT RENTAL ■ ENGINEERING AND OESIGN 7900 BEECH STREET N.E. t MINIVEAPOLIS, MINMESQTA 55432 • TELEPHONE 786-9800 September 10, 1987 Department of Public Works City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attn: Mark Bursch Re: Water & Sanitary Sewer Improvement Project No. 162 Park Job No. 22-86 Gentlemen: As followup to my letter dated August 18, 1987 we are requesting a Change Order for the following costs: '. 1 ] 2] 3] Remobilization Lost production due to crew reorganization, locating previously completed work, and set up of survey, laser, etc (1 day) Labor increase TOTAL OF CHANGE ORDER REQUEST If you have any questions please feel free to contact me. Sincerely, PARK CONSTRUCTION COMPAN � Greg Boelke, Project Manager se - AN EQUAL OPPORTUNITY EMPLOYER - $2,000.00 $3,186,00 $ 634,00 5, 20,00 . , SUNDE ENGINEERING, INC. GERALD M. SUNDE, Consulting Engineer . 9001 East Bloomington Frwy. • Bloomington, MN 55420 •(812) 881-3344 � Mr. Greg Boelke Park Conatruction Company 7900 Northeast Beech Street Fridley. Minnesota 55421 Dear Mr. Boelke: Auguat 28, 1987 Re: 258-85 Lakepointe Center,.Fridley The grading contractor has indicated that the abwe project should be available for the insta�lation of the remaining sanitary se•aer and water.on September, 1-4, 1987. Please plan your work accordingly. In a recent letter� you indicated that there may be eome basis for a claim by your company for extra work on the job. Please assemble information so that Mark Burch from Fridley and I can meet with you and discuss this. A meeting next week should�be set up. Please call me or Mark. GMS:akw cc: Mark Burch A Yours very truly, � Gerald M. Sunde 2�� i� • o�o 0 � CONSTRUCTION C0. 0 u.�..� ■COMMERCI AND ,SEM(I�� INDUSTRIA EXCAVATINC3 � � d'ps ■ qOAD BUILDINO i ■PILE ORIVING " ■SEWER, WATER Sa INSTALIATION .,�� AY[l\�a,, ■ B R I DG ES ESTABLISHEO ■ GOLF COURSES ■SUB DIVISION AND 19�g t,AfVD DEVEIOPMENT ■ EnUIPMENT RENTAL ■ ENGINEERING AND DESIGN 7900 BEECH STREET N.E. � MINNEAPOLIS, MINNESOTA 55432 • TELEPHONE 786-9800 � August 18, 1987 Department of Public Works City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Attn: Mark Burch Re: Water and Sanitary Sewer Improvement Proj No. 162 Park Job No. 22-86 Gentlemen: As you are aware, on the above referenced project, the completion date of June 27, 1987 has passed. Because of the delay in completing this work we will be requesting a Change Order for any additional costs involved. If you have any questions please feel free to contact me. Sincerely, PARK CONSTRUCTION COMPANY A � Greg Boelke, Project Manager se i � (�(' 1�'rt -� ' \�� - — AN EQUAL OPPORTUNITY EMPLOYER — 0 � 6 �� AJBLIC WCRKS I�P�,RZi�iT Engir�eering Divisian QTY OF FRIL�,EY FY'1Cu�7r M1Ili1C90td September 14, 1987 Park Construction 7900 Beech Street, N.E. Fricil.�, NN 55432 SUB,7DG�: Change Order #2, Water & Sanitary Sa,rer Proj ect No. 162 Gentl sn� : You are hereby ordered, authorized and instructed to modify your oontract for Water & Sanitary Sewer Project No. 162 by adding the fc�l.lo�wing: : � � Y �i�� Y �1v : N�a �% R�to�il izdtian $2,000.00 Lost proc3uction due to cra� reorganization, locatinq previaasly oomple�ted work, and set up of survey, laser, etc. (1 day) 3,186.00 Labor increase 634.00 ZOTAL C�iANGE �tD�EEt #2. . . . . . . . . . S 5,820.00 — — — — — — — — — — — — — — — — — — — — — — — — — — QtIGIlVAL � PRICE (Proj. #168) . . $188,100.00 71�TAL QIAiVGE C�2DiII2 #1. . . . . . . . . . 39,900.00 R�TAL Q3ANGE CRIaER �2. . . . . . . . . . 5.820.00 R�,VISID QOLVZRAL.T ANDONP $233,820.00 S�nitted and appro�ved by John G. Flora, PUblic Works Dire..tor on the 14th day of Septesaber, 1987. Prepared by Checked tr� Jahn G. Flora, P. E. Public Works Director Park Constructia� �ge 2 Change Order �2 - Project �1b2 September 14, 1987 � L�� Apprwed arx3 aooepted this day o� , 1987 by Park Construction, Inc. �•• � •• r•� w • �• i•. Presiderit Apprwed and ac�cepted this FYidl�. MirltlesOta. . 3/6/4/19 day of , 1987 by the City Council of WII,LIAM J. 1�E - NAYOR SHIRLEY A. HAAPALA - CITY CLFRK