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11/09/1987 - 5071fRIDLEY CITY COUNCIL MEETING PLEASE SI�N NAME AOQRESS AND ITEM Ni�'1BER INTERESTEO IN DATE: November 9, 1987 NAME ADDRESS ITEM NUMBER :zsssas:aaasxs=sr:assssssaazsaaas:aaas�ie�aaaasaz�aa�axasssazac�ssssaszs�ssasa:aama�asoaxzssasr� ; � �, November 9, 1987 - 7�30 P.M. Following are the "ACTIONS TAKEN" by the Administration for your information. ------------------------------------------------------------------ PRESENTATION• JOHAN COES TE R ROTORY EXCHANGE STUDENT FROM SOUTH AFRICA Mr. Coester presented a letter to the Mayor from the Rev. G.P. Van Niekerk, Mayor of Sasolburg APPROV AL OF MINUTES: Couneil Meeting, October 19, 1987 Approved with correction on Page 1 ADOPTION OF AGENDA: Adopted as presented OPEN FORUM. V IS ITORS : No response PUBLIC HEARINGS: Publie Hearing on an Ordinanee to Change the Z oning Code Under Chapter 205 of the Fridley City Code, to Allow Limited Amounts and Types of Commercial Uses in M-1 (Light Industrial ) and M-2 (Heavy Industrial) Districts . . . . . . . . . . . . . . . 1 - 1 I Opened at 7:38 p.m. Closed at 8:20 p.m. COMMIINITY DEVELOPMENT--ACTION TAREN: Item is on next agenda for consideration �� , , Couneil Meeting, November 9, 1987 Page 2 OLD BUS TNESS • Consideration of First Reading of an Ordinance Recodifying the Fridley City Code Chapter 30 Entitled Charitable Gambling by Amending Seetion 30.03 Adding New Section 30.O�F and Renumbering Consecutively (Tabled 10J19/87) . . . . . . . 2 - 2 A Approved POLICE DEPT.--ACTION TAKEN: Have put item on next agenda for consideration of a second reading Consideration of Appointments to Energy and Environmental Quality Commissions . . . . . . . . . . . . 3 Tabled CITY MANAGER--ACTION TAREN: Have put item on next agenda for consideration NEW BUS INESS • Receiving November 3, 1987 General Election Statement of Canvass . . . . . . . . . . . . . . . . . . . � - � C Received and approved CENTRAL SERVICE--TAKEN TAKEN: Executed statement and record for future reference Consideration of First Reading of an Ordinance Approving a Vacation, SAV �`87-09, to Vacate the 6 Foot Drainage Easement on the North Side of Lot 3, Block 2, Heather Hills Second Addition, the Same Being 6191 Kerry Lane N.E., by Gregory Mortenson. . . . . . . . . . . . . . . . . . . . . . . . 5 - 5 B Approved COMMIINITY DEVELOPMENT--ACTION TAKEN: Item is on next agenda for consideration of second reading !. , Couneil Meeting, November 9, 1987 Page 3 NEW BUSINESS ( CONTINUED) : Consideration of First Reading of an Ordinance Recodifying the Fridley City Code by Adopting a New Chapter 803 Entitled "Ordinanee Enforcement, " and Repealing Old Chapter 811 "Ordinance Violations Bureau." . . . . . . . . . . . . . . . . . . . 6 - 6 A Approved Correct Ordinance Change #6 Building Inspeetions to Building Inspector POLICE DEPT.--ACTION TAREN: Correeted wording and have put item on next agenda for consideration of second reading Review of SP �87-01 by Edward Waldoeh, and Consideration of Extending Completion Date for Two Outstanding Improvements . . . . . . . . . . . . . . . 7 - 7 C Approved extension COMMUNITY DEVELOPMENT--ACTION TAREN: Notified petitioner of Council's approval for extension Consideration of a One Year Exte nsion of a Varianee, VAR �86-30, to Reduce the Side Yard Set-back on the Street Side of a Corner Lot from 25 Feet to 20 Feet to Allow the Construction of an Attaehed Garage at 6201 Riverview Terrace N.E., by Geor�e and Lillian Arnold . . . . . . . . . . . . . . . 8 - 8 E Approved COMMUNITY DEVELOPMENT--ACTION TAKEN: Notified petitioner of Couneil approval . Couneil Meeting, November 9, � 987 NEW BUSINESS ( CONTINUED) : Page 4 Receiving the Minutes of the Planning Commission Meeting of October 21, 1987 . . . . . . . . • • • • • • • 9 - 9 LL Received A. Consideration of a Special Use Permit, SP �87- 18, to Allow a Different Commercial Ose in an S-1 Zoning District (Special Zoning District for Hyde Park) Located on Lots 27 and 28, Bloek 12, Hyde Park, the Same Being 5973 - 3rd Street N.E., by John Glynn ....................................... 9-9B Planning Commission Recommendation: Approval & 9Q-9Y With Stipulations Couneil Aetion Needed: Consideration of Re comme ndati on Approved with stipulations COMMUNITY DEVELOPMENT--ACTION TAREN: Notified petitioner of Council approval with stipulations B. Consideration of a Special Use Permit, SP �87-1 9, to All ow a Garage in an 0-1 ( Overl ay District) On Lots 33-36, Bloek U, Riverview Heights, the Same Being 688 Fairmont Street N.E., by Robert Kudla ............................ 98-9� Planning Commission Recommendation: Approval & 9Z-9BB With Stipulations Council Action Needed: Consideration of Re comme ndation Approved with stipulations COMMUNITY DEVELOPMENT--ACTION TAKEN: Notified petitioner of Couneil approval with stipulations . Council Meeting, November 9, 1987 NEW BUS INESS ( CONTINUED ) (Planning Commission Minutes Continued) C. Consideration of a Rezoning, ZOA �87-04, to Rezone from C-2 (General Business) to M-1 (Light Industrial) on Lot �4, Bloek 1, A& R Second Addition and Lot 3, Bloek 1, A& R Addition, the Same Being 7651 Highway 65 N.E., by James Benson ............................ 9D-9M PlanninB Commission Recommendation: Denial & 9CC-9DD Council Aetion Needed: Set Public Hearing for November 23, 1987 Tabled until staff resubmits COMMUNITY DEVELOPMF.NT--ACTION TAKEN: Item is on next agenda for consideration D. Consideration of a Vacation, SAV �87-10, to Vacate the East 25 Feet of Lot 3, Block 1, A& R Addition, and the East 30 Feet of Lot 4, Block 1, A& R Second Addition, and Beginning at the North- East Corner of Lot 1, Bloek 1, A& R Addition; Thenee South Along the East Line of said Lot 1 to The Southeast Corner of said Lot 1; Thenee West Along South Line of said Lot 1, a Distance of 25 Feet; Thenee North along a Line Parallel with and 25 Feet West of, as Measured at Right Angles to, The East Line of said Lot 1, a Distanee of 1 98 Feet; thenee Deflect to the Left in a North- Westerly Direetion �5 Degrees to the North Line of Said Lot 1; thenee East along said North Line to the Point of Beginning, all Generally located at 7651 Highway 65 N.E, by James Benson ............. 9M-9N Planning Commission Recommendation: Denial & 9EE-9FF Couneil Action Needed: Set Public Hearing for November 23, 1987 Tabled until staff resubmits COMMIINITY DEVELOPMBNT--ACTION TAREN: Item is on next agenda for consideration Page 5 ;.. . Couneil Meeting, November 9, 1987 NEW BUSINESS ( CONTINUED) E. Item From the Minutes of the Appeals Commission of October 13, 1987 E-1 . Consideration of a Variance Request, VAR �87- 3�4, to Reduce the Side Yard Setback from 10 Feet To 5 Feet to Allow the Construetion of Additional Living Space Above the Existing Garage on Lot 3, Bloek 1, Walt Harrier First Addition, the Same Being 6490 Riverview Terraee N.E., by Shirley Severson......................................... Appeals Commission Recommendation: Denial Council Aetion Needed: Consideration of Re comme ndati on Denied 9GG-9LL COMMIINITY DEVELOPMENT--ACTION TAREN: Notified petitioner of Couneil denial Page 6 Receiving the Minutes of the CATV Advisory Commission of Oetober 15, 1987 . . . . . . . . . . . . . . 10 - 10 M Received COMMIINITY DEVELOPMENT--ACTION TAKEN: Filed for future referenee Consideration of S. 0. R. T. Recycling Center Lease Agreement Transfer from Universal Can to Minnesota Soft Drink Recycle, Ine . . . . . . . . . . . . . . . . . . 11 - 11 D Approved COMMUNITY DEVELOPMENT--ACTION TAKEN: Proceeding as authorized .. Couneil Meeting, November 9, 1987 Page 7 NEW BUSINESS ( CONTINUED) Consideration of a Resolution Authorizing Changes in Appropriations for the General Fund Resulting from the Implementation of a Classification Plan for City Employees . . . . . . . . . . . . . . . . . . . . 12 - 12 C Resolution No. 83-1987 adopted CITY MANAGER--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Authorizing Preparation of Plans and Specifications for The Expansion and Renovation of the Civic Center Office and Parking Facilities . . . . . . . . . . . 13 - �3 A Resolution No. 84-1987 adopted by a� to 1 vote COMMIINITY DEVELOPMENT--ACTION TAKEN: Proceeding as authorized Consideration of a Resolution Ordering Preliminary Plans, Specifieations and Estimates of Costs Thereof: Street Improvement Project No. ST. 1988 - 2 ....... 1� - 1� B Resolution No. 85-1987 adopted PUBLIC WORKS--ACTION TAREN: Proceeded as authorized Consideration of a Resolution Ordering Improvement and Approval of Plans and Specifieations and Ordering Advertisement for Bids: Springbrook Nature Center Pond Improvement Project No. 173 ...... 15 Resolution No. 86-1987 adopted PUBLIC WORRS--ACTION TAKEN: Proceeded as authorized� ., ,. Council Meeting, November 9, 1987 Page 8 NEW BUSINESS ( CONTINUED) Consideration of Change Order No. 2 for Demolition And Site Grading Projeet No. 163 • • . • • . • • • • . . . 16 - 16 D Approved PUBLIC WORKS--ACTION TAREN: Proceeded as authorized Consideration of Change Order No. 1 for Storm Sewer And Watermain Projeet No. 169 . . . . . . . . . . . . . . . 17 - 17 C Approved PUBLIC WORKS--ACTION TAREN: Proceeded as authorized Consideration of MTC Request for Bus Rerouting ...... 18 - 18 C PUBLIC WORKS--ACTION TAKEN: Talked with MTC and will bring baek in correet form for Couneil's aetion at next meeting Claims . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 Approved CENTRAL SERVICE--ACTION TAREN: Paid Claims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20 A Approved CENTRAL SERVICE--ACTION TAKEN: Issued Licenses Estimates . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 E Approved CENTRAL SERVICE--ACTION TAREN: Paid Estimates ADJOURN: 10:�F0 p.m. _ � � FRIDLEY CI TY COUNCIL NOVEMBER 9, 1987 - 7:30 P. M. i 1 1 ` �. � �► \ ' 1 JOHAN COESTER ROTORY EXCHANGE STUDENT FROM SOUTH AFRICA _ ... � �_ � ��# COUNC I L MEET I NG. OCTOBER 19. 1987 �11' � I � 1' 1 r _ 1' ►( r�i�►'� -... i-CONSI DERATI ON OF ITEMS NOT ON AGENDA - 15 MI NUTES) ' : '► l PUBLIC HEARING ON AN ORDINANCE TO CHANGE THE ZONI NG CODE UNQER CHAPTER 205 OF THE FR I OLEY CI TY CODE. TO ALLOW LIMiTED AMOUNTS AND TYPES OF COMMERCIAL USES IN M-1 (LIGHT INDUSTRIAL) AND M-2 ( HEAVY I NDUSTR ! AL ) D I 5TR l CT S . . . . . . . . . . .....1-11 COUNCf L N�EETI NG. NOVEMBER 9. 1987 1 I : 1 � PAGE 2 CONSIDERATION OF FIRST READING OF AN ORDINANCE RECOD i FY I NG THE FR I DLEY CI TY CODE C!-IAPTER 30 ENTITLED CHARITABLE GAMBLING BY AMENDING SECT�ON 30.03 ADDING NEW SEC710N 30.04 AND RENUMBERING CONSECUTIVELY (TABLED 1�/19/87) . . . . . . •�'2 - 2 A CONSIDERATION OF APPOINTMENTS TO ENERGY AND ENVIRONMENTAL QUALITY COMMISSIONS . . . . . . . � � � � � 3 NEW BUSINESS� RECE I V I NG NOVEMBER 3. 1987 GENERAL ELECT I ON STATEMENT OF CANVASS . . . . . . . . . . . . . . . . . . . 4 - 4 C CANSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV #87-09. TO VACATE THE 6 FOOT DRAINAGE EASEMEN7 ON THE NORTH SIDE OF LOT 3. BLOCK 2. HEATHER HILLS SECOND ADDITION, THE SAME BEINC 6191 KERRY LANE N,E.. BY GREGORY P�IORTENSON . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5 B COUNCIL MEETING. NOVEMBER 9, 1987 l �_� � � �� PAGE 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODI FY I NG THE FRI DLEY CI TY CODE BY ADOPT I NG A NEW CHAPTER S03 ENTITLED "ORDINANCE ENFORCEMENT," AND I�EPEAL I NG OLD CHAPTER 811 "ORDI NANCE V I OLAT I ONS BUREAU, " . . . . . . . . . . . . . . . . . . .'� - 6 A REV I EW OF SP #87-01 BY EDWARD WALDOCH. AND CONS i DERAT I 01� OF EXTEND I NG COMPLET I ON DATE FOR TWO OUTSTANDI NG IMPROVEMENTS . . . . . . . . . . . . . . . 7 ' 7 � CONSIDERATION OF A ONE YEAR EXTENSION OF A VARIANCE, UAR #86-30. TO REDUCE THE SIDE YARD SET-BACK ON THE STREET SIDE OF A CORNER LOT FROM 25 FEET TO 20 FEET TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE AT 6201 RIVERViEW TERRACE N,E.. BY GEORGE AND L ILL I AN ARNOLD . . . . . . . . . • . . � � • 8 - 8 E COUNCIL NIEETI NG. NOVEMBER 9, 1987 ► � �� PA GE 4 RECE IV I NG THE MI NUTES OF THE PLANNI NG COMM I SSI ON N�ET i NG OF OCTOBER Z 1 , 1987 . . . . . . . . . . . . . . . 9 - 9 LL A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87- 18. TO ALLOW A DI FFERENT COMMERCI AL USE I N AN S-1 ZONING DISTRICT (SPECIAL ZONING D(STRICT FOR HYDE PARK) LOCATED ON LOTS 27 AND 28. BLOCK 12. HYDE PARK, THE SAME BEING 5973 - 3RD STREET N.E.. BY ..IOHN GLYNN ....................................... PIANNINC COMMlSSlON RECOMMENDATION: APPROVAL W i TH ST I PULAT I ONS COUNCIL ACTION NEEDED; CONSIDERATION OF RECOMMENDATION B, CONSI DERATI ON OF A SPECIAL USE PERMIT, SP #87-19. TO ALLOW A GARAGE I N AN O-1 (OVERLAY DI STR I CT ) ON LOTS 33-36. BLOCK U. RIVERV I EW HEIGHTS, THE SAME BEING 688 FAIRMONT STREET N.E., BY RCBERT KUDLA ............................ PLANNING COMMISSION RECOMMENDATION: APPROVAL WITH STIPULATIONS COUNCIL ACTION NEEDED: CONSIQERATION OF RECOMMENDATION , 9-9B � 9�-9Y .• . . , ... ; .. COUNC i L MEET I NG. NOVEMBER 9. 1987 � : 1 1 (PLANNING COMMISSION h11NUTES CONTINUED) C. CONSIDERATION OF A REZONtNG. ZOA #87-0�+. TO REZONE FROM C-2 iGENERAL BUSINESS) TO M-1 i L I GHT I NDUSTR I AL ) orv LoT 4, BLOCK 1. A$ R SECOND ADDIT(ON AND LOT 3. BLOCK 1. A$ R ADDITION, THE SAME BEING 7651 HIGHWAY 65 N.E., BY J�ES BENSON ............................ PIANNING COMMISS(ON RECOMMENDATION: DENIAL (;OUNCIL ACTION NEEDED: SET PUBLIC HEARING FOR NOVEMBER 23. 1987 � D. CANS(DERATION OF A VACATION, SAV #87-1(�. TO VACATE THE EAST 25 FEET OF LOT 3, BLOCK 1. A& R ADDITION, AND THE EAST 30 FEET OF LoT 4, BLOCK 1. A& R SECONQ ADDITION, ANQ BEGlNNING AT THE NORTH- EAST CORNER OF LOT 1. BLOCK 1. A$ R ADDITIOfv; THENCE SOUTH ALONG THE EAST L I NE OF SA I D LOT 1 TO THE SOUTHEAST CORNER OF SA I D LOT 1; THENCE WEST ALONG SOUTH L I NE OF SA I D LOT 1. A DI STANCE OF 25 FEET: THENCE NORTH ALONG A LINE PARALLEL WITH AND 25 FEET WEST OF, AS h�ASURED AT RI GHT ANGLES T0, THE EAST L I NE OF SA I D LOT 1. A D I STANCE OF 198 FEET: THENCE DEFLECT TO THE LEFT IN A NORTH- WESTERLY DI RECT I ON 45 DEGREES TO THE NORTH L I NE OF SAID LOT 1: THENCE EAST ALONG SAID NORTH LINE TO THE P01 NT OF BEGI NNI NG. ALL GENERALLY LOCATED AT 7651 HI�HwAY 65 N.E, BY �AMES BENSON ............. PLANNINC COMMISSION RECOMMENDATION; DENIAL ('nl1N(' I I ACT I ON NEEDED : SET PUBL I C HEAR i NG FOR NOVEMBER 23. 1987 , 9D-9M $ 9CC-9DD 9M-9N $ 9EE-9FF PAGE 5 COUNCIL MEETI NG. NOVEMBER 9, 1987 : � 1 � 1 E. 1TEM FROM THE MINUTES OF THE APPEALS COMMISSION OF OCTOBER 13, 1987 E-1 . CONS I DERAT I ON OF A VAR I ANCE REQUE ST, VAR #87- 34, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET , TO 5 FEET TO ALLOW THE CONSTRUCTtON OF ADDIT{ONAL L I V I NG SPACE ABOVE THE EX I ST I NG GARAGE ON L07 3. BLOCK 1. WALT HARRIER FIRST ADDITION, THE SAME BEING 6490 RIVERVIEW TERRACE N,E.. BY SHIRLEY SEVERSON ......................................... 9GG-9LL APPEALS COMMISSION RECOMMENDATION; DENIAL �OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION PAGE 6 RECE I V I NG THE MI NUTES OF THE CATV ADV I SORY COMM I SS I ON OF OCTOBER 15. 1987 . . . . . . . . . . . . . . 10 - 10 M CONS I DERAT I ON OF S. O. R. T, RECYCL I NG CENTER LEASE AGREEMENT TRANSFER FROM UNIVERSAL CAN TO MINNESOTA SOFT DRI NK RECYCLE, INC . . . . . . . . . . . . . . . . . . 11 - 11 D COUNC I L N�ET I NG, NOVEMBER 9, 1987 : � �i�] PAGE 7 CONS I DERAT I ON OF A RESOL UT I ON AUTHOR I Z I NG CHANGE S IN APPROPRIATtONS FOR THE GENERAL FUND RESULTING FROM THE (MPLEMENTATI ON OF A CLASSI F I CATI ON PLAN FOR CI TY EMPLOYEES . . . . . . . . . . . . . . . . . . . . 12 — 12 C CONSIDERATION OF A RESOLUTION AUTHORIZING PREPARATI O(V OF PLAPdS AND SPECIF I CATI ONS FOR THE EXPANS I ON AND RENOVAT I ON OF THE Cl V i C CENTER OFF I CE AND PARKI NG FACIL ITI ES ........... 13 - 13 A CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT N0. ST, 1988 — 2 ....... 14 - 14 B CONSI DERA710N OF A RESOLUTI ON ORDERI NG 1MPROVEMENT AND APPROVAL OF PLANS AND SPECI F I CATI ONS AND ORDER I IVG ADV ERT I SEMEhT FOR B{ DS : SPR I NGBROOK NATURE CENTER POND IMPROVEMENT PROJECT N0. 173 ...... 15 COUNC i L N�ET I NG. NOV EMBER 9. : 787 � : ► 1► 1 1 PA GE 8 CONSIDERATION OF CHANGE ORDER N0. 2 FOR DEMOLITION AND S I TE GRAD I NG PROJ ECT N0. 163 ............. 16 - 16 D � CONSIDERATION OF CHANGE ORDER N0. 1 FOR STORM SEWER AND WATERMA I N PROJ ECT N0. 169 . . . . . . . . . . . . . . . 17 - 17 C CONS i DERAT I ON OF MTC REQUE ST FOR BUS REROUT I NG ...... 18 - 18 C QAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . �9 L I cENSES . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20 A E ST I MATE S . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 E •1 I ► 1. Ti� MINUTES OF THE REGIILAR N�ETING OF Ti� FRIDLEY CITY COUNCIL OF OCTOBER 19, 1987 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: ' Mayor Nee led the Couneil and audience in the Pledge of Allegiance to the Fl ag. ROLL CALL: NEi�ERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Sehneider, Councilman Fitzpatriek and Couneilman Goodspeed N�I�ERS ABSENT: None APPRW AL OF MINUTES : COUNCIL A9EETING, OCTOBER 5, 1987: MOTION by Couneilman SfiChneide Kto approve the minutes as presented. Seconded by Councilman S��: Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the mation carried unanimously. OPEN FORUM, V ISITORS : TY�ere was no response from the audience under this item of business. PUBLIC HEARINGS: PtTBLIC HEARING ON THE PROPQSAL FROM NORTEL CABLE ASSOCIATES FOR A RENEWAL OF CABLE TELEVISION FRANCHISE (CONTINUED FROM 9/14/87): Mayor Nee reopened this public hearing at 7:35 p-m. He stated the hearing was continued in order to allow time for diseussions between the ad hoe negotiating eommittee consisting oP Councilman Schneider, representatives of the Anoka County Community Workshop, and members of the Cable Commission. Couneilman Schneider stated several meetings were held with representatives of Nortel Cable in an attempt to resolve the differences. He felt two key issues have not been resolved which iuvolves the term of the franehise and the amount Nortel Cable is offering for publie aecess. Councilman Sehneider stated Nortel is offering $60,000 for public aceess in years 1, 5 and 10 of -1- FRIDLEY CITY COtTNCIL I�ETING OF OCTOBER 19, 1987 the franchise with an inflation factor for years 5 and 10. He stated the Cable Commission is requesting $150,000 for years 5 and 10 and discussions are at a stalemate at this point. He stated the Cable Commission and negotiating committee requested Nortel to submit a list as to how they believe access could be supported with the $60, 000 they are offering. He stated it is hoped a response will be received towards the end of November. . Mr. Gary Matz, attorney for the Cable Commission, stated in expanding on Couneilman Schneider's comments, the two outstanding issues are the length of the franchise term and support for aecess and publie programming. He stated he understands the City has never granted a franchise for more than 10 years and Nortel's request is for a 15 year franehise . Mr. Matz stated in regard to publie aceess, the Commission has relied on information submitted by interested parties, the ACGW and comments from City staff. He stated he wished to emphasis the ACCW and City staff have modified their original needs significantly and reduced the amount of funding requested. Mr. Matz stated he felt there has been a good faith effort to identify the true needs of publie aceess. Couneilman Schneider stated a renewal option is fairly straightforward, however, if the franehise is not renewed, he asked if there are procedural steps the Couneil should be taking at th3s time. Mr. Matz stated that is a timely question and the approach taken in the past was to renew the existing franchise, however, non-renewal may become another option to review. He stated if this is the case, the City would be subject to the non-renewal provisions of the Cable Aet adopted by Congress. He stated, essentially, the burden is on the City to justify a non-renewal. He stated a franchise non-renewal can be justified upon a finding that (1 ) the operator doesn't have the legal, technical or financial qualifications to meet its proposal; (2) the proposal is not reasonable in light of community needs, taking into account the costs of ineeting those needs; and (3) the operator has not substant3ally complied with the material terms of the franehise. Mr. Matz stated with respect to item 3, the present operator has been in the City for one year so there is only a limited traek record. He stated the final grounds for non-renewal is that the operator service in terms of picture quality, consumer praetices and billing has not been reasonable. He stated what he would recommend if the City is looking at the option of non-renewal, certain faet finding should be done on the part of staff to assess the cable company's finaneial qualifications and determine if they have eomplied with the terms of the franehise. Councilman Sehneider stated if there is some probability they may not proceed with renewal, what action should be taken at this point. Mr. Matz stated there is considerable differences between the cable operator and the City and the parties are not close to an agreement. He stated in reality, a non-renewal is an option and felt it is a policy decision of the Council if they want to proceed with any faet finding. -2- � s FRIDLEY CITY COIINCIL MEETIIVG OF OCTOBER 19, 1987 Mayor Nee stated Nortel has been advised the Council was not readq to take aetion on the renewal and there wasn't a particular need for them to come this evening. He suggested, therefore, the public hearing be continued. MOTION by Couneilman Schneider to continue the public hearing to November 23, 1g87. Seeonded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. � MOTION by Couneilman Sehneider to direct City staff, in conjunetion with the Cable Commission's legal counsel, to begin a faet finding effort to verify Nortel Company's finaneial and teehnical qualifications, compliance with the franehise, and service in regard to the publie interest of the existing franchise holder. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Couneilman Sehneider stated when this cable franehise was transferred from Storer ta Nortel, Mr. Richards was the financial advisor and asked if staff felt his services would be helpful. Mr. Matz stated Mr. Richards examined this transaction at that time and analyzed the results if the growth did not occur. He stated he felt Mr. Richards' assistance would be helpful. MOTION by Couneilman Schneider to authorize staff, if they feel it is berLeficial and useful, to hire Mr. Don Richards for help and analysis of the finaneial qualifications of the cable operator in an amount not to exeeed $2,000 for his services. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor 13ee declared the motion carried unanimously. 2. PUBLIC HEARING ON A V ACATION, S AV �87-09 , TO V AGATE THE 6 FOOT DRAINAGE EASEMENT ON THE NORTH SIDE OF LOT 3. BLOCK 2, HEATHER HILLS SECOND ADDITION, THE SAI� BEING 6191 KERRY LANE N.E., BY GREGORY MORTENSON: MOTION by Councilman Sehneider to waive the reading of the publie hearing notice and open 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 opened at 7:47 p.m. Mr. Robertson, Community Development Director, stated this petition is to vacate a six foot draittage/utility easement located on the north side of this property. He stated the Public Works Department reported this vacation should not create any problems in terms oP storm water and there are no utilities in the easement. Mr. Robertson stated a letter Was received fra� the Morford's at 6235 Kerry Lane stating they were aware of Mr. Mortenson' s buil ding pl ans and had no objeetions. He stated the Planning Commission recommended approval of this vacation at their September 16, 1987 �eting. No other persons spoke regarding this proposed vacation. MOTION by Councilman Sehneider to cl ose the publ ie hearing. Seconded by -3 - � , ,;;� `� FRIDLEY CITY COIINCIL MEETING OF OCTOBER 19, 1987 Councilman Goodspeed. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing elosed at 7:50 p.m. OLD BUSINESS: 3. - CONSIDERATION OF APPOINTMENTS TO ENERGY AND ENVIRONMENTAL QUALITY COMMISSIONS• ' MOTION by Couneilman Fitzpatrick to appoint Paul Dahlberg, 666�t East River Road, to the Envirorimental Quality Commission for the term ending April 1, 1989• Seconded by Couneilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Couneilman Schneider to table the appointments to the Energy Commission. Seconded by Couneilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS • �. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 30 ENTITLED CHARITABLE GAMBLING BY AMENDING SECTION 30.03� ADDING NEW SECTION 30.04 AND RENUMBERING CONSECUTNELY: Mr. Hill, Public Safety Director, stated in May, 1987, the Couneil passed an ordinance permitting eharitable gambling for the operation of pull-tabs in the City. He stated the State Legislature has amended the statute regarding control of these operations and this amendment is proposed to comply with the S tate statute . Mr. Hill stated the primary area in which the City's ordinanee is in conflict with the State statute is determining how the profits are distributed. He stated the current ordinance provides that for each dollar of gross receipts from lawful gambling, four cents shall be agpropriated to the City for distribution to charitable purposes, six cents distributed to organizations for City charitable purposes, and the reamining ten cents shall be used for all other lawful purposes or expenses. Mr. Hill stated the State statute provides that ten percent of the organization's net profit derived from lawful gambling shall be contributed to organizatons located within the City of Fridley Por charitable purposes. He stated net profits are determined by Minnesota Statutes. He further stated thai a].oca]. gambling tax of three percent of the gross receipts from gambling, less prizes aetually paid by the organization, shall be paid to the City for the purpose of regulating said gambling. Mr. Hill stated currently the Lion` s Club has a pull-tab operation in the City and he anticipates there will be another one shortly. He stated the ehoices of the Couneil would either be to repeal the ordinance Por charitable gambling or amend it to eomply �►ith State Statutes. Mr. Hill stated he has met with the City Attorney and those operating the Lion's Club pull-tab. He stated the Lion's Qub indicated they desired to -�- FRIDLEY CITY COUNCIL I�ETING OF OCTOBER 19, 1987 give the City additional monies. He stated in one month, under the present ordinanee, the City would receive about $1,000, however, under the new formula, only about $189 would be received which is a significant reduetion. M�yor Nee stated he is interested in the percentages and amounts aetually being received by eharity. � Mr. Hill stated it may be helpful to the Council to obtain information from the Lion's Club as to their experiences as far as distribution of gross income. Mr. Herrick, City Attorney, stated 75 percent must be used Por prizes which leaves 25 percent to pay for other expenses and the rest is defined as net profit. He stated the net result is probably not a lot oP the gross distributed to charity. Couneilman Sehneider stated the question is whether it is worth it for the City to become involved. Mr. Hill stated he would researeh this question further to come up with some dollar figures and report to the Council. MOTION by Councilman Schneider to table this item for a report from staff. Seconded by Couneilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 5. RECENING THE MINUTES OF THE PLANNING COI�fISSION 1�ETING OF OCTOBER 7, 1987: A. CONSIDERATION OF AN ORDINANCE RECODIFYING CHAPTER 205 OF THE FRIDLEY CITY CODE. TO ALLOW LIMITED AMOUNTS AND TYPES OF INDt�STRIAL) DISTRICTS : Mr. Robertson, Community Development Direetor, stated there has been some interest on the part of developers to supply retail services in 1�1 and M-2 industrial zoning distriet. He stated staff conducted research on what was being done in other communities and this information was presented to the Planning Commission. He stated based on commenis and recommendations from the Pl anning Commission and devel ope rs, some eh ange s were made in sq uare footage requirements. Mr. Robertson stated there is a need for certain types of retail services in industrial complexes such as a small deli, eafeteria or dry cleaning establiahment which the code does not currently al l ow . Mr. Herrick, City Attorney, stated the faet is that years ago, the City had step zoning which would allaw a commerieal use in an industrial area. MOTION by Couneilman Fitzpatriek to set the public hearing on this ordinanee recodifying Chapter 205 of the Fridley City Code for November 9, 1987 • Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -5- i FRIDLEY CITY COtJNCIL MEETING OF OCTOBER 19, 1987 MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of Oetober 7, 1987. Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 6. " RECENING THE MINUTES OF THE CHARTER CONIhiISSION MEETING OF MAY 11, 1987: MOTION by Councilman Schneider to receive the minutes of the Charter Commission meeting of May 11, 1987. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 7. CONSIDERATION OF A FIRE SERVICE CONTRACT BEIWEEN CITY OF FRIDLEY AND CITY OF HILLTOP• Mr. Aldrich, Fire Chief, stated he diseussed this item with the Couneil in June and requested Couneil eonsider entering into the fire serviee contraet between the City of Fridley and the City of Hilltop. MOTION by Couneilman Sehneider to approve this eontraet with the City of Hilltop and authorize the Mayor and City Manager to sign the contract on behalF of the City. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. COI�SIDERATION OF CHANGE ORDER N0. 5 FOR DEMOLITION AND SITE GRADING PROJECT �163: Mr. Robertson, Community Development Direetor, stated this ehange order was approved by the Housing and Redevelopment Authority at their Oetober 8 meeting, and essentially complies with the terms of the agreement of arbitration where the contractor had to excavate additional materiats at the Lake Pointe site. MOTION by Councilman Sehr�eider to authorize Change Order No. 5, Demol ition and Site Grading Project �163, with Enebak Construction in the amount of $22,635.50. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF CHAI�GE ORDER N0. 2 FOR STREET IMPROVEMENT PROJECT N0. ST 1986-1 & 2, PHASE 2• MOTION by Couneilman Schneider to authorize Change Order No. 2, Street Improvement Project No. ST 1986-1 & 2, Phase 2, with H& S Asphalt in the amount of $2,460.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votittg aye, Mayor Nee deelared the motion carried unanimously. 10. RECENING BIDS AND AWARDING CONTRACT FOR STORM SEWER AND WATERMAIN PROJECT �169 : Mr. Flora, Public Works Director, stated 11 bids were received for this projeet and it is recommended the bids be received and the contract be awarded to the low bidder, Glendale Contracting in the amount of -6- FRIDLEY CITY COIINCIL I�ETING OF OCTOBER 19, 1987 $3�9, 978.00 . MOTION by Councilman Fitzpatrick to receive the folloWing bids for Storm Sewer and Watermain Project �169: CONTRACTOR BOND BID Glendale Contracting, Inc. � 3030 Harbor Lane 5� $ 3�9,978.00 Plymouth, NA1 55441 Crossings, Ine. Box 10 Prior Lake, NAT 55372 Dave Perkins Contracting 15775 Juniper Ridge Dr. Anoka, NIl�T 55303 Northdale Construetion 14�450 Northdale Blvd. Rogers, NAT 55374 Hydro-Con, Inc. Box 129 North Braneh, NIld 55056 Bonine Excavating 12636 Main Street RoSers, I�AT 5537� Channel Construction Co., Inc. Route, Box 53 Isle, NIId 563�2 Albrect Companies 1�108 West County Road C Roseville, NAi 55113 B � D Underground, Inc. 6130 Sunset Drive Mound, N�t 5536� Lake Area Utility Contraeting 6995 - 2oth Ave. HuBo, 2�T 55038 Park Construction 7900 Beech St., N.E. Fridley, NII�T 55432 5� $ 333,167 •51 5� $ 351,387.50 5� � 361,53�.70 5� $ 36�.575.00 5x � 3b5,839•75 5� $ 371, �13 .60 5� $ 3�,162.50 5f $ 383, 965 .00 5'� $ 407,770.00 5% $ 416,426.70 -7- FRIDLEY CITY COt1NCIL MEETING OF OCTOBER 19, 1987 Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatriek to award the contract for Storm Sewer and Watermain Project #169 to the low bidder, Glendale Contracting in the amount of $309,978. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carrried unanimously. ' 11. RESOLUTION N0. 82-1987 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. TO PRW IDE A SENIOR OUTREACH WORKER IN TI� CITY OF FRIDLEY: Councilwoman Jorgenson stated she recently was employed by the Anoka County Community Aetion Program and will abstain from voting and discussion on this item. Mr. Hunt, Assistant to the City Manager, stated in July, the City authorized expenditure of CDBG funds for community service and funds for a Senior Outreach Worker. He stated the Ar�oY+a County Community Aetion Program has requested the City finalize this aetion with an agreement for these serviees. MOTION by Councilman Fitzpatrick to adopt Resolution No. 82-1987. Seconded by Couneilman Schneider. IIpon a voice vote, Couneilman Fitz patrick, Couneilman Sehneider and Couneilman Goodspeed voted in favor of the motion. Mayor Nee and Couneilwoman Jorgenson abstained from voting. Mayor Nee deelared the motion earried by a 3 to 0 vote. Couneilman Goodspeed asked if Darler� Zurawski is the Senior Outreach Worker with the Anoka County Community Aetion Program. Councilwoman Jorgenson stated ris. Zurawski has resigned this position and she was recently hired as the Senior Outreaeh Worker. 12. APPOINTMENT - CITY EMPLOYEE: MOTION by Councilman Sehneider to coneur with the following appointment by the City Manager: NAI�E S TARTING P06ITION SALARY Jery L. Cariolano Liquor Clerk $7.30 per 2314 Silver Lane (Off-Sale) Hour New Brighton, I�Il�T 55112(non-exempt) ($1269.63 Mo. ) STARTING DATE RE PL ACES Oetober 26, Reba 1987 Whiteoak Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 13 . CLAII�S : MOTION by Councilman Fitzpatriek to authorize payment of Claims No. 16838 � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19+ 1987 th rough 17064. Seeonded by Couneil woman Jorgenson. Upon a voice v ote, all voting sye, Mayor Nee declared the motion carried unanimously. 1�}. LICENSES: MOTION by Couneilman Schr�eider to approve the ].icenses as submitted and as on file in the Lioense Clerk's Office. Seconded by Councilman Fi�zpatriek. Upon a voice vote, a11 voting aye, Mayor Nee deelared the motion carried unanimously. 15 . ESTIMATES : MOTION by Couneilman Fitzpatrick to approve the estimates as submitted: Layne Minnesota 31�47 California St., N.E. Minneapolis, NIl�T 55418 Well �1 Repair Projeet FINAL FSTIMATE . . . . . . . . . . . . . . . . . . $17,573.00 Park Construction 7900 Beech Street Fridley, MN 55�32 Water & Sewer Project #162 FINALF.S TIMATS . . . . . . . . . . . . . . . . . . $50, 7 �8.07 Eugene A. Hickok & Associates 545 Indian Mound W�yzaia, NIld 55391 Moore Lake Phase II Project #1�19 Partial Estimate . . . . . . . . . . . . . . . . . $ 1,021.64 Sunde Engineering 9001 E. Bloomington Freeway Bloomington, NAT 55�20 Demolition & Site Grading Projeet #163 Partial Estimate . . . . . . . . . . . . . . . . . $ 9, 995 .50 TKDA 2500 American National Bank Building St. Paul, I�IId 55101 Re pai r of Commons Park Fil tr ati on Pl ant #16 4 partial Estimate . . . . . . . . . . . . . . . . . $ �,900.00 Enebak Construction P.O. Box 458 Northfield, NRd 55057 Demolition & Site Grading Projeet #163 Estimate No. 8 . . . . . . . . . . . . . . . . . . $52, 892 .57 -9- FRIDLEY CIT7C COIINCIL I�ETING OF OCTOBER 19, 1987 Minnesota Valley Landseape, Inc. 9700 West Bush Lake Road Minneapolis, NIl�T 55438 Landscaping, Irrigation & Lighting Project #16$ � Estimate No. 8 . . . . . . . . . . . . . . . . . . $�7,7�2.25 Northwest Asp�halt � 1 �151 Co. Road #89 Shakopee, NA1 55375 Street Improvement Projeet No. ST. 1987 - 1 Estimate No. 6 . . . . . . . . . . . . . . . . . . $ 7, 611.88 Seconded by Councilman Sehneider. Opon a voice vote, all voting aye, Mayor Nee declared the motion earried unanimously. ADJOURNMENT: MOTION by Councilman Sehneider to adjourn the meeting. Seconded by Couneilwoman 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 October 19, 1987 adjourned at 8:27 p.m. Respectfully submitted, Carole Haddad William J. Nee Seeretary to the City Council Mayor Approved: -10- ORDINANCE NO. _ AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205 ENTITLED 'ZONING" BY AMENDING SECTIONS 205.03., 205.13., 205.14., 205.17, and 205.18 AND BY RENUMBERING THE NEXT CONSECUTIVE NUMBERS. The City Council of the City of Fridley does hereby ordain as follows: 205.03. DEFINITIONS 14. Commercial Recreation A place where leisure time activities includin�, but not limited to, health clubs, racquet clubs, billiard halls and bowling alleys, but not includin� massa�e parlors, are offered to the general public for a fee. 9. Restaurant An establishment where meals can be purchased by the public for a fee and include the following types: ' A. Class I restaurants include any sit down type restaurant which does not sell or serve liquor and where food is served to a customer and consumed primarily on the premises. Includes, but not limited to, cafeterias where food is selected by the customer while �oing throu�h a service line. B. Class II restaurants include any restaurant which has 25$ or more of their sales taken away from the premises for consumption and which may serve beer and/or wine for consumption on the premises Includes, but not limited to, take-out pizza parlors and fast food establishments C. Class III restaurants include any sit down type restaurant which serves intoxicating liquor for consumption on the premises D. Drive-in type restaurants include any restaurant that sells serves or offers oods or services directl to customers who are either waitin in parked vehicles or who return to their vehicles to consume or use the goods or services while on the premises 205.13 C-1 IACAL BUSINESS DISTRICT REGUI.ATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in C-1 Districts: (7) Class I Restaurants. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in C-1 Districts: �1) Class II Restaurants. 1 Ordinance No. Page Two 205.14 C-2 GENERAL BUSINESS DISTRICT REGULATIONS l. USES PERMITTED A. Principal Uses. The following are principal uses in C-2 Districts: (5) All types of restaurants, not including "drive-ins". 205.17 M-1 LIGHT INDUSTRIAL DISTRICT REGUTATIONS l. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-1 Districts: (1) Offices not associated with a principal use//.// provided that: 1A (a) The parking supply be in compliance with the requirements of Section 205.17.5. of the City Code and be sufficient to support full occupancy of the building. Parking requirements shall be � determined by the City for each tenant prior to occupancy. (2) Commercial retail, service uses and Class I restaurant uses within office and/or industrial buildings which are supplemental to, and for the convenience of, the operation of the zoning district and which provide goods and services which are primarily for the use of persons employed in that district, provided that: (a) The maximum gross floor area occupied by all such uses does not exceed, 20 percent of the total gross floor area of the building, with no individual tenant exceeding 3,000 square feet; (b) The parking supply be in compliance with the requirements of Section 205.17.5., of the City Code and be sufficient to support fuZl occupancy of the buildin�. Parking requirements shall be determined by the City for each tenant prior to occupancy; (c) Only wall mounted si�ns, subject to the limitations of Section 214 of the City Code, be permitted. (d) The building owner and/or agent is responsible for informin� any prospective tenant that the property is zoned for industrial use. �3) Commercial retail and service uses within office and/or industrial buildin�s, including those with drive-through components, such as banks, cleaners, photo shops, Class II restaurants,'and similar uses, provided that: �a) The maximum gross floor area occupied by such use and all other commercial uses, as permitted by special use permit, does nat exceed 30� of the buildings total floor area with no such individual tenant exceedin� 5,000 square feet; Ordinance No. Page Three � (b) The parking supply be in compliance with the requirements of Section 205.17.5. of the City Code and be sufficient to support full occupancy of the buildin�; (c) Only wall mounted signs, subject to the limitations of Section 214 of the City Code, be permitted; (d) The proposed use shall only be permitted when it can be demonstrated that their operation will not generate such level of traffic so as to reduce "The Existing Level o£ Service", as defined by the Institute of Traffic Engineers, on streets at intersections: (e) The proposed use, in the opinion of the City Council, would be compatible with the area in which it is proposed to be located; (f) All such uses be considered only on an individual, tenant specific basis; and (�) The building owner and/or a�ent is responsible for informing any prospective tenant that the property is zoned for industrial use. (4) Commercial recreation uses subject to the conditions outlined in 3b - 3� above, except tenant maximum gross floor area and percent of total building occupied shall be considered on an individual tenant specific basis. 205.18. M-Z HEAVY INDUSTRIAL DISTRICT REGULATIONS l. USES PERMITTED C. Uses Permitted With A Special Use Permit. � The following are uses permitted with a Special Use Permit in M-2 Districts: (1) Offices not associated with a principal use//.// provided that: (a) The parking supply be in cor�pZiance with the requirements of Section 205.18.5., of the City Code and be sufficient to support full occupancy of the buildin�. Parking requirements shall be determined, by the City, for each tenant prior to occupancy. (2) Commercial retail, service uses and Class I restaurant uses within office and/or industrial buildin�s which are supplemental to, and for the convenience of, the operation of the zonin� district and wlzich provide goods and services which are primarily for the use of persons employed in that district, provided that: - (a) The maximum gross floor area occupied by all such uses does not exceed, 20 percent of the total gross floor area of the building, with no individual tenant exceeding 3,000 square feet; (b) The parkin� supply be in compliance with the requirements of Section 205.18.5., of the City Code and be sufficient to support full occupancy o£ the building. Parking requirements shall be determined by the City for each tenant prior to occupancy; Ordinance No. Page Four (c) Only wall mounted si�ns, subject to the limitations of Section 214 of the City Code, shall be permitted. �d� The building owner and/or a�ent is responsible for informin� any prospective tenant that the property is zoned for industrial use. _�3) Commercial retail and service uses within office and/or industrial buildin�s, including those with drive-through components, such as banks, cleaners, photo shops, Class II restaurants, and similar uses, provided that: (a) The maximum �ross floor area occupied by such use and all other commercial uses, as permitted by special use permit, does not exceed 30� of the buildings total floor area with no such individual tenant exceeding 5,000 square feet; (b) The parkin� supply be in compliance with the requirements of Section 205.18.5. of the City Code and be sufficient to support full occupancy of the building; (c) Only wall mounted si�ns, subject to the limitations of Section 214 of the City Code, be permitted; (d) The proposed use shall only be permitted when it can be demonstrated that their operation will not generate such level of traffic so as to reduce "The Existin� Level of Service", as defined by the Institute of Traffic Engineers, on streets at intersections; �e�_ The proposed use, in the opinion of the City Council, would be compatible with the area in which it is proposed to be located; (f) All such uses only be considered on an individual, tenant specific basis; and (g) The building owner and/or agent is responsible for informing a� prospective tenant that the property is zoned for industrial use, (4) Commercial recreation uses subject to the conditions outlined in 3b - 3g above, except maximum gross floor area (percent of total and individual) shall be considered on an individual case bv case basis. 1C Ordinance No. Page Five PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1987 ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 1D CITY OF FRIDLEY PLAt�NING C0�1t1ISSI0N P�EETING, OCTOBF(', 7, 1987 CALL TO ORDER: Chairperson Billings called the October 7, 1!��i7, Planning to order at 7:30 p.n. / ROLL C;ALL: ttenbers Present: Steve Eillings, Dave Sue Sherek, Donald Qe '".eribers Absenf : : Ri chard Svanda (!thers Present: APPROVAL OF SEPTC�' �. ssion meeting ck, aruce Qondow (for �ean Saba), Jim Robin n, Pianning Coordinator Jock R ertson, Community Development Director 16, 1�87, PI.APJNI�JG COt"�1ISSIOt1 �"IPIUT[:S: 1E MO?ION BY l4 KONDRICK, SECONDED BY MS. SHERF,K, TO APPROVF. TNE SEPTEMBER,16, Z987, PLANNIIJG MIfISSION MINUTES AS WRITTEN. UP A VOICE VOTE, ALL VOTING AYF., CHAIRPF,RSOPI ➢ILLINGS DECLARF.D THE MOTION RRIFD UNANIMOUSLY. 1. COflSID'"!',ATIO�I OF RECO�JIFICATIC�I OF THC C.T`! 0� �R.�LEY ,'_OPlING CODE TC ALI.OW LI�IITED CO"!�1ERCIAL ESTABLISHNCNTS IN OF�ICF/tlAREHOUSF FACILITI�S "1r. P.obinson stated that after the discussion at th� last meeting, the main issues seemed to be the size of the building in which they would allow a special use permit for limited commercial establishments and also the hours of operation, and the definition of the concept of what is a mixed use office/industrial building. Mr. Robinson stated a few of the developers at the last meeting expressed a lot of concern that the majority of the buildings they have built over the last 20 years would not qualify because they would not be large enough to meet the 35,000 sq.ft, threshold. At that tir�e, Staff stated they would do an inventory of the existing industrial buildings in the City, and Staff has now done that. From the address file, they pulled out all the industrial properties in the City and graphed them. !1s the Conmission could see, 95 buildings out of 125 buildings would not meet the 35,000 sq, ft, threshold, and 30 buildings would have qualified. So, there-were a li�ited amount of buildings that would qualify under the new ordinan.ce. From a percentage standpoint, 75� of the buildin,gs would not qualify and 25� would qualify under the new ordinance. ;1r. Robinson stated that in addition to that, Staff did a survey of the tenants in all the industrial buildings. They discovered that the majority of the mixed use buildings are in the older industrial area of Fridley and 1F PL�ti"J^lIP1G COt"t1ISSI0�! P'.EETI�;G, OCTOBER 7, 1987 P^,G� 2 are the buildings referred to by Dick Harris and 'Jave Harris at the las± meeting and which are the sr�aller multi-tenant buildings. The type of tenants that are in those buildings are r�uch more roanufaciuring oriented, There Y�as nothing that would qualify as a business service ty�� f use, with the exception of the autor�otive type businesses. The other tenants are light industrial--fabrication, machine shops, and �varehouses. P".r. Robinson sta.ted the true nixed use business centers are the East River Road 6usiness Center, Winfield Developr:ient, Dave flarris' building across the street from the Llinfield Deve.lopr�ent., a building built hy Jerry Paschke, and the proposed f?osewood Developr�ent and �!-D Properties. �1r. Robinson stated the quasi-business centers--light �ranufacturing, ware- house, and more service type businesses--are seen prir�arily betaieen Commerce Circle tJest and Commerce Circle East and over by Old Central. '1r. Robinson stated this gave the Cor►mission an overview of the types of tenants they think will take advantage of the new ordinance. In looking at the other tenants and analyzing the criticisr� of this ordinance, they really feel they can let the market dictate what goes in in those other industrial buildings. PJo one is going to locate there; and if they do, they will probably not last too long. He just could not see those areas supporting the types of comnercial development which this ordinance would allow in there. �1r. Billings stated that if the City allows a business (for example, a small restaurant) to go into an industrial bui?ding and sometir�e later, the land- lord rents out the adjacent space to some typP of industrial use that will be creating paint fumes or whatever, would there be any liability on the part of the City if the restaurant owner came back to the �ity and clair�ed he went out of business because the City had a lousy zoning ordinance and allowed a conflicting business to move in next door? P1r. Robinson stated that was a good point; however, first of all, that business would have to get a special use permit and at that time the business owner would be made aware of the fact that there was the potential for other industrial uses adjacent to him. Secondly, that sar�e scenario �•�as now possible under the existing ordinance in these r�ixed use service-type buildings, not with a restaurant, but there could be, for exar�ple, a carpet show room or a copying business with an automotive business next door. �1r. Robertson stated he and Nr. Robinson also discussed another scenario of where a business owner might come back a couple of months later and say that no one was coming to his restaurant and he needed a higher sign. Again, through the special use permit process, the City can inforM the prosp�ctive tenant that there are certain rules, and if he wants to operate in an industrial area, he should be advised that it is not a commercial- district, and that the City sees the business as a service-type of function. P1r. Billings asked if there was some way they could establish a policy with sor�e standard wordage that goes as a stipulation on the special use permit whenever there are these kinds of requests. 1G PLl1P�P�IPI(= C0�'�!ISSI(!PJ P+EETIPJG OCTOBEF; 7, 1387 P!!�E 3 P1r. Robertson stated one thing they think might work that if the land- lord knows that the retail portion is only going to be a minor percentage of his tenants, again the market should work consistent with the City's policy. The landlord is not going to put a business in that is going to cause problems for his major tenants. "1r. Qillings stated he could appreciate the fact that the market is going to di ctate r�hat goes i nto these bui 1 di ngs , but at the saroe tir,�e there are certain tiMes when a landlord r�ight be looking for next month's rent so he can mal:e the payr�ent. Or maybe the landlord has ptans on selling the building and is only concerned about having a tenant in the bui?ding. There could be a lot of variables that get into this, �1r. Qetzold stated he felt the City has tried to mal:e an ordinance that explains fairly clearly what the City's intentions are and arhat the dev�elopers are limited to. "1r. ^o(�ertson statec! r�ayhe they should be more explicit in the ordinance so people are on notice that this is a special district and the City recognizes there are certain risks businesses will be taking when they locate in these industrial areas. t1r, 6etzold stated he did not see anything wrong with putting into the ordinance sor,►e wording that explains the reason for the ordinance. '1r. Robinson stated that in tall:ing to other cities that have ordinances sinilar to this, they r�ake no distinction as to what types of businesses (restaurants and other commercial) can go into these industrial buildings. They just say any connercial up to a certain percentage, and do not even require a special use perr:�it. He felt one thing they have to realize here in Fridley was that they would be granting a blanket special use permit up to 20� for these ty�es of support services, so they woul�! not have the type of control with each individual tenant that "".r, �illings might be referrtng to. ��s. Sherek suggested that as a condition of granting the special use permit, there be a stipulation that the owner of a building is responsible for notification in writing to any prospective tenant before the lease is signed that this is an industrial zone and the tenant's property might be subject to odors, noise, etc., froM this or surrounding properties in the indus�rial zone. She stated it �vas the owner's responsib�lity, because no owner �vants tenants r�oving in and out repeatedly; therefore, it is in the owner's best interest to get compatible tenants and keep t!�en. Then, if the tenant coMes in and�complains to the City, the City does not have the responsibility and the tenant can sue the owner of the building �or not notifying hin/her.�f these things. "tr. Robinson stated that sounded like a very good idea, and it could be stated right in the ordinance. 1H PL�'!'VI+1G COt'f�ISSIOP! t".�ETIt:G, OCTOBE{'. 7, 1987 �'��f 4 �",r. Robertson stated that under t1-2, Iter� 2 statec�: "Co�merci al retai 1 and service uses and Class I restaurants within office/industrial bui'dings which are suppler�ental to and for the convenience of the operation of the zoning district and which provide goods and services which are prit�arily for the use of persons er�ployed in that district." So, this describes what the purpose of these retail uses are. "�r. �obinson stated another change made in the ordinance was they had replaced the definition that said "Office/industrial mi�;ed use buildings" ��vith "office/industrial buildings." That took into account all industrial buildings. t1r. Robinson stated they deleted any hours of operation. �"r. .".obi nson stated that under i tem 3.A. , they changed the cur�ul ati ve percentage allowed fror� 20� to 30%. It was still 20b for the support-type businesses, but the other types of corunercial have gone up an additional 10°� to allow more commercial in those particular areas. Mr, Robinson stated that on the last page under the definitions, they v�ere nov� stating in which zones the Class I, Class II, and Ciass III restaurants could gq. Prior to that, no restaurants 4vere allowed in a �-1 zone. lr0'i'ION BY MS. SHEREK, SECONDED BY h7R. KONDRICK, THAT DNDER SECTION 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS AND UNDER SECTION 205.18. HEAVY IPIDUSTRIAL DISTRICT REGULATIONS, THF, FOLLOWITIG LANGUAGE SHOULD BE ADDED AS C.2.d, and C.3.q: "IT IS THE RESPONSIBILITY OF THE OWNF.R AND/OR AGENT TO INFORl�1 Ar1Y PROSPECTIVE TENANT THAT THE PROPERTY IS ZONED FOR INDI/S`1'RIAL USE." UPON A VOICE VOTE, ALL VOTING AYF,, CHAIRPERSON BILLINGS DECLARF,D TNF. MOTION CARRIED UNANIMOUSLY. P40TION BY MS. SHEREK, SECONDED BY MR. KONDRICK, TO PASS ON TO THE CITY COUIJCIL THF. ORDINANCE RECODIFYING THE FRIDLEY CITY CODE TO ALL06J LIMITF,D COMMERCIAL ESTABLISKMENTS IN OFFICE/WAREHOUSE FACILITIF.S IN IPIDUSTRIAL ZONES AS AMENDED AND TO RF.COMMEND THAT THE CITY COUNCIL SET A PUBLIC HEARING DATF. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THF, MOTION CARRIED UNANIMOUSLY. 2. P,F, 'GUST 25, 1987, EMCRGY C0�'P1ISSI^P� ,"1I"lUTES: � MOTIOIS BY 14R. BONDOW, SF, Y MR. BETZOLD� TO RECF,IVF. THE AUG. 25� 1987, ENERGY COMMISSION MINUTES. - UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS THE MO_TION CARRIED UNANIMOUSLY. 11 t � CiTYOF F'RIDLEY CNIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDI.EY, MINNESOTA 55432 • PHONE (612) 571-3450 October 28, 1987 To Owners and Developers of Offive/tnTardzouse Developnents RE: City Council Publ ic Hearing for Reoodif ication of the Fridley City Code to Allow Limited Crnunercial Uses in Industrial Zones Zhe Fridley Planning Comnission has recently comgleted work on an Ordinance reoodifying the Fridley Zoning Code by anending the industrial sections of the Code to allow for limited amount of commercial type businesses in industrial buildings. As you recall, the purpose of the Ordinance is to create a more competitive atmosphere as far as attracing tenants to developments within industrial zones. Mariy of you participated in the Planning Carniission public hearing held on September 16, 1987. Your input was taken into oonsideration in the drafting of �e proposed final ordinance, which is enclosed for your review. Specific c�anges to the prop�sed Ordinance include: the dropping of the minimum gross floor area requiranents for buildings whic� may mix uses; deleting the hours of operation 1 imitations, and lastly making the Ordinance appl icabl e to all office and/or industrial buildings in manufacturing zones. �ese changes st�n fran the belief that the market will effectively dictate both where and when oommercial businesses should operate. �e next step in the Ordinance enactment is the Public Hearing scheduled before the City Council on Novenber 9, 1987 at 7:30 p.m. at the Fridley Civic Center. We hope you will be able to attend. We look f orward to your o�mments which may be suLmitted either prior to the meeting in writing or verbally at the meeting. Zhank you for your interest and participation. Sincerely, � ames L. Rpbinson Planning Coordinator JLR/c�n C-87-537 2 ORDINANCE NO. _ ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 30 ENTITLED CiiARITABLE GAMBLING BY AMENDING SECTION 30.03, ADDING NEW SECTION 30.04 AND RENUMBERING CONSECUTIVELY THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 30.03. PULL-TABS SAI.E IN ON-SAI.E CHAPTER 603 PREMISES //1. Twenty cents of each dollar of gross receipts from lawful gambling within the city shall be pledged and contributed to lawful purposes as defined in Minnesota statutes (1984) Chapter 349.12 subd.11, (a)(b) and (c), of which four cents shall be appropriated to the city for distribution to charitable purposes, six cents shall be distributed to organizations for city charitable purposes, and the remaining ten cents shall be used for all other lawful purposes or expenses.// 1. Ten percent (10�) of the organization's net profit derived from lawful �ambling shall be contributed to or�anizations located within the city of Fridley for charitable purposes. Net profits are determined as defined by Minnesota Statutes, or by rules and regulations adopted to administer the statute by the Minnesota Charitable Gamblin� Control Board. 30.04. IACAL GAMBLING TAX A local_gambling tax of three percent (3�) of the gross receipts from gambling, less prizes actually paid by the organization, shall be paid to the city for the purpose of regulating said gamblin�. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1987. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: ,.�a�� POLICE DEPARTMENT ' �� _•. , J � ;; City of Fridley � .�� i � °��' � Minnesota DATE OCTOBER 7, 1987 Q�' FROM PUBLIC SAFETY DIRFCTOR, J. .�iILL SUBJECT NASIM CHARITABLE GAMELING ORDINANCE AMENDMENTS MEMORANDUM TO RESHI Enclosed are suggested amendments to our Charitable Gambling Ordinance for Council consideration. During the 1987 Legislative session, the Minnesota Legislature amended the Charitable Gambling Statu�e which no� prohibits the City of Fridley from requiring distribution of profits as currently specified in City Code 30.03 subd. 1. The proposed amendments is deleting all of current City Code 30.03 subd. 1 and replacing that language with the requirement that l00 of the organization net profit derived from lawful gambling be contributed to organizations located within the City of Fridley for charitable purooses. This inclusion is permitted by State Statute and is the maximum allowed for the city to specify. In addition, the Legislature now allows the city to impose a local gambling tax not to exceed 3� of gross receipts from gambling, less prizes actually paid by the organization, to be utilized by the city for purposes of regulating said gambling. The local gambling tax provision has also been includec� in our suggested amendment to Chapter 30 0� the Fridley City Code. No additional licenses or fees may be charged to the organization if a local gambling tax provision is required. The proposed amendments have Attorney Virgil Herrick and Club, the only organization in the c,ity. JPH/sa tNFO X been reviewed by Fridley City discussed with the Fridley Lions currently operating pull tab operations �n t 3 U � H W � � a N 0 � u W _J W J a �� z w co m �r r• W L u _� 0 O W � ._ O W C W S <L W H � J J � N 7 W N N � •2 2 n W z � o m s �-' 2 ^ P L 'S `- .-. 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For the vacation of a drainage easement described as follaws: Vacate the 6 foot drainage easement on the north side of Lot 3, Block 2, Heather Hills Sec�ond Addition, except the west 10 feet and the east 6 feet thereof, the same being 6191 Kerry Lane N. E. All lying in the south half of Section 13, �"-30, R-24, City of Fridley, Co�ty of Ar�oka, Minnesota. Be and is hereby vacated. SECTION 2. �e said vacation has been made in conformance with Minnesota Statutues and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSID AND ADOFi'ED BY THE QTY QOtJNCIL OF THE QTY OF FRIDLEY TfiIS ___.__ I�1Y OF __� , 1987 WILL7AM J. NEE — Ng1Y0i2 �r._�_-- A'LTFST: 33IRLEY A. HA1�1B�1LA — CITY CLERK PUb1iC Hearing:October 19, 1987 First Reading: Seoond Reading: Publ ication: 5 SAV ��87-09 6191 Kerry Lane NE. 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',�$33 �9 . - 140.36 '� o 0 ' '� z ,� �2 UNDERGROUNO �„ � � � _ ? ` p' TII.ITY EASEMENT , _ � cn �" cn - � � 6 '' f- p w� � o w � � �j Q Z O� Q N: 6 3 . , .. � 2� O F- �': W 1 �� .. � � o o � °� � 2 w � s � � N d",�� N ° � ai�� N� t1') W � N O� � o� � p � N j a � � �� g r4 —N w.3s ° � o DRAINAGE ' �� Z N EASEMENT � , �' i ' :' �- f- � 8. `' a � $ W ss.ss_ � �' � � IO � o �[ °D I ao = i � —131�g `O �55. � �,�0 �9° � 1 �- -' � N 78°3�� 30,� �<v ��, \� 96' � W i`' _� ;i --I40.36 - - co a �` N 88 46 34 W -- l0 0� •g� �,•3 �--140.36--� � o a o �, � p 6 o ry a0 �jP, 4� � ( e Fs' ~ � �('� o.°' �� _ `�' •• � , - ati � I —143.32 ,' g ' 2 ' I 3� � A0 2 O DENOTES IRON MONUMENT ALL BEARINGS ASSUN�D SCALE � I"= 50� SITE PLAN ORDINANCE NO. _ AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING A NEW CHAPTER 803 ENTITLED "ORDINANCE ENFORCEMENT", AND REPEALING OLD CHAPTER 811 ENTITLED "ORDINANCE VIOLATIONS BURBAU". The City Council of the City of Fridley does hereby ordain as follows: 803.01. PROMISE TO APPEAR - ARREST AND DETENTION Except as provided by statute, only a peace officer and part-time peace officer may: l. Require a person receiving a citation to give a written promise to appear in court; or 2. Take a person into custody as permitted by Minnesota statute. 803.02. ISSUANCE OF CITATIONS The following full-time or part-time city employees or authorized city volunteers may issue citations, in lieu of arrest or continued detention, for violation of the city code. Areas of jurisdiction will be contained in city policy. l. Peace Officers 2. Community Service Officers 3. Reserve Officers 4. Code Enforcement Officers S. Health Officers 6. Building Inspections 7. Fire Inspector Officers PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1987 ATTEST: � SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR � ///ii,� . i: ? �.�. T�M�� // ;-' \\�\ � �� .,�,� � '` POLICE DEPARTMENT City of Fridley Minnesota DATE NOVEMBER 4, 1987 FROM PUBLIC SAFETY DIRECTOR, J.P.H SUBJECT NEW PROPOSED ORDINANCE ENTITLED "ORDINANCE ENFORCEMENT" MEMORANDUM � NASIM QURESHI Enclosed is an ordinance recodifyinq the Fridley City Code by adopting a new Cha�ter 803 entitled "Ordinance Enforcement", and repealing old Chapter 811 entitled "Ordinance Violations Bureau". The Minnesota Legislature enacted Chapter 334 which went into effect on August l, 1987. This legislati��n is commonly referred to as the "Police Practices Bill". On section of the new law provides that, except as specifically provided by statute, only a peace officer may: 1. Issue a citation in lieu of arrest or continued detention unless specifically authorized by ordinance; 2. Require a person receiving a citation to give a written promise to appear in court; or 3. Take a person into custody. INFO Many cities, including Fridley, have authorized non-peace officers to issue citations for building, fire, housing code violations, animal, noise control ordinances, zoning, and other land use ordinances. Under the new law, the city must now make this a�athorization explicit. The proposed ordinance is modeled by the League of Minnesota Cities and reviewed by the Fridley City Attorney. Its intent is to insure that the city is explicitly complying with the requirements of the new statute. The new proposed ordinance would also include the provision� of the old ordinance, Chapter 811 of the Fridley City Code entitled "Ordinance Violations Bureau". [tiTe are therefore, also recommending that Chapter 811 be repealed. I JPH/sa � � c�nroF FRIDLEY PLANNING DIVISION MEMORANDUM 1�EN0 �U: Jim Robinson, Planning Coordinater I�M� FROM: Kathlyn Castle, Planning Assistant rEND �1TE: Nwenber 2, 1987 � R�ARDING: Special Use Permit, SP �87-01, 7340 Central Avenue N.E. Special Use Fermit, SP #87-01 was approved b�y the City Council with the stipulation that it be reviewed in six months. �his item is being scheduled for the Nwenber 9, 1987 City Co�mcil meeting. �his permit allaws exterior storage of materials and equipnent at 7340 Ceritral Ave. N.E. 7he City Co�ci.l �ssed this permit with 14 stipulations. Of ti�ese 14 stipulations, only two renain �nf ini�ed. Zhey oonsist of : 1. Repair the parking lat as per City Engir,eer's specif ications and stripe nir�e stalls by Sept�nber 15, 1987. 2. Sod area between the p�rking lat and planting becls by J�e 15, 1987. I have discussed these items with the awner of the property, Mr. Dwayne Wald�ch. He states that the�e two items were unahle to be oomgleted c�e to the fact that Landscape Contractors and As�hhault Contractors are booked for tdze rest o� the season. �e shortage � sod has also kept item 2 from being comgl eted th i s sea son. Mr. Waldoch has pravided the city wii3� a bond for 55,000.00 whidi expires on October l, 1988. It is my reoomnendation that we extend the deadline dates to May 30, 1988 for repairing the �arking lat and June 6, 1988 far installing the sod where needed. We will then have until the fall to correct any landscape prohlens that may oa:ur. Recommend that Council grant an extension for the two outstanding impravenents as outlined. r�r 87-216 Attadl. / 7 .. .�'.�. � � 3 � �2 ��VF',I.l1l�=" � 'c sod � f� .' � � "_'' L �"� � �;� . " � L, 1 � k' � i�O.W F 11nc�Q.� �I � 2 K;�t.3�5¢�sN �7i Y ''� pW/�� NlN�BARK �70� Dtv �Q "� Be 3' D.G. x Cov�,�ti�c�rc�,.:.� �ju.�dliy�U �( ,tiJ i � : �73`!o Ce��,ra\ A�'�) I� i�t, PLt'NT�riG B�DS �` ; � �;A��E � MIL . roLT', j S " �D�IN(�, �ND 3�� .I � ;�`��: N R�P Z4GK . � �, �t L L C�P.�f N A R�45 70 {!i}y� �4�'"�} Far.c and T•;... � U��f;R/>�OUN SPRINKI.INL� � I� I� �. Na,� Fe� 4..�1 6o.�a. �� j � �a�N� �at� � 6� o��e., �� K !i �� c x i� :�� ' I � ' �. �. v j` i; tr.�� L� tl: G � s��-.�� .,"�,� �,a�, x i, I� x x. _ ; `f . i� �b�w�Q. i} �1 IT � � �-� � I � bR1V� kIAY �` �-------- � + . �j� � �1 � � ['S! GO GU � i 4v � .; . .; � 0 � : , : 0 .:� _, I � C �P �k 87-U 1 Ed & Rose G•„�lcioch 7 A �ca\Q '. 1" = LL'� �fc�Wr� I�•.j'. �••t�/�� i�tYQ.'�' i. _t..., 1. 7 , Consideration of a temporary road on the Lake ��te; and (31) Apache Camping Center, 7701 East River . � trailers parked on this site. � ..�v by Councilrt:an Fitzpatrick to adopt the agenda wit}� the above udditions. Sea�nded ty CAU�cilman Schneider. Up�n a voiae�v6£e, all voting aye, Nayor tiee declarec3 the motion carried unanimously. /- OPEN FOR(A�4. VISITORSj Mr. �3tan Leino, 7397 Memory Lane, st�c� he sent a letter to � e City Nanager regarding the car wash on ersity and 73rd Avenues. state8 he felt there was a safety probl at exists at this car was on Tuesday afternoons when there is a ia1 and a person can wash th r car for 25 cer�ts. He stated on Tue ys f rom 3 to 5 p. m. , it crea s chaos on the servioe caad because the vehicles waiting in line. He stateci he had no intention of put� the owner out of busiress, but fe this is a safety probiea. N'�r. �,�r�shi, City Manager, stated Mr. Leim's lett$f has been forM�arded to tbe Publ ic Works and R�l ioe DeFartments for thei;/response. gUBLIC HF.ARINGS: i�1vL.[� c�lA[u/ a� a+ i ia�ivaua..�ua. a-av+v a IrDTION by Cbu¢�cilman Fitzpatrick o waive the reading o� the public hearing notive and open the public hear ng. Sewnded by Cb�cilman Goodspeed t�na a voioe vote, all voting a, Mayor Nee c7eclared the motion carried unanimously and the publ ic ring opered at 8:00 p. m. Mr. Fbbertson, mmQnuni velopnent Director, stated the petitioner and his attorrey have requeste the Co�ncil table any action on this item tu�til the petitioner returns f his vacation and is able to work out s�me questions rec�rding the ric� of-way. He stated the Council may want to review the facts of this r ning request and hear arty oomQnents, but the public hearing should t�e onnti ued. Be also suggested the special u�se permit and varianoes related to th' rezoning be tabled and v�nsidered at the same time as the rezoning r st. Nn pe��.s in the audienc�e spoke eiti�er for oz against this rezoning petiti . �t�] ty ��ncilman FYtzpatrick to oontinue this public hearing to May 4, . Seoc>ncled b� Cbu�►cilman Schneider. Upon a voioe vote, a11 vating aye, r Nee�declared the motion wrried u�animously. OID BiISII�SS: - 2. �NSIDERATION � A SPECIAL USE ERMIT. SP #87-01, TO AI�LAW E�C'I'ERIOR S'I'ORAGE OF MATERIALS AI� DDUIPMEI�TP ON Tf� FASP 125 FEET OF IAT 18, •SLOCR 2. CENTRAL VIEh' MANOR, THE SAME BEING 734Q CENTRAL AVENUE N E, BY EDWARD AND ROSE -2- -� 3. QOU� MEE'ITNG OF APRII, 6 � 1987 ��1I�OCH (TABLID i�iARCH 23. 1967) : Mr. R�bertson, �n�nity Developnent Director, stated this item was tabled fran the last Gb�cil meeting in order to give the petitioner time to review s�me oFt_ions r�rding the use of this �xoperty for a less intense purpose. i�e stated there are 14 stipulations rea�mmenc3ed by staff im m�j�ction with this special �.�se permit and are outlined on Page 2L of the agenda. P�r. Fmber.ts�n stated it is rea�mmenc3ed that the c�te, in stipulation N9. 6, for prwiding the a�ncrete curbing and gutter be changed fran June 15 to August 15, 1987. He stated this would give the petitioner the opp�rt�.mity to apply for a rehabilitation loan. Ae pointed out that staff, in no way, is guaranteeing he would reoeive such a loan. Mr. 4�lcbch stated he o�ntacted the person interested in a video store at this location and he is willing to look at the site. He stated there is sufficient Farking and felt the building would meet the oode requirESnents. Mr. �lcbch stated if the building on this property oould be used for a video store, it would solve a Iot of pcoblens, hawever, he did not know if it oould be cbne right away. Ms. �ureshi, City Nanager, stated he wanted to make sure Mr. Waldoch �nderstood that the (�ty isn't pranising he would reoeive a rehabilitation Ioan. . �flTION b� GU�cilman Schneider to grant special use permit, SP �8'1-01, with the follaaing stipulations: (1) provide an eight foot high solici wood screening fenae, as per aQnended City plan dated March 17, 1987; (2) all materials to be stored inside the fenoed storage area belaw the top of the fenae b� Nay 13, 1987; (3) install landscaping, as per avnended City plan dated rSarch 17, 1987, to include edging, mulch, weed barrier and lawn sprinkling by J�ne 15, 1987; (4) sod b�ulevard araas along Central Avenue, ?3rd Aver,ue and 73-1/2 Avenue, as per aQnenc3ed City plan dated March 17, 1987, b� J�e 15, 1987; (5) reFaint building facade and trim by June 15, 1987; (6) provide six inch �ncrete curbing with gutter, as per amended City plan c�ted ilarci� 17, 1987, tr� August 15, 1987; (7) remove ooncrete island frcrr. perking lot by J�.me 15, 1987: (8) repave parking lot, as per City E�o_ineer specif ications, and stripe nine (9) stalls within private property b� Septenber 15, 1987; (10) parking area is for storage of street operable and/or lioensed v�icles only (rodified by staff on March 5, 1987); (11) parking of vc�icles within street right-of-ways is prohibited - violatozs will be tagged anc�/or towed; (12) no �ales or leasing of vehicles is or will be �.ermitted on this site; (13) special use permit is for outside storage for l�an mre operation only and is intended for presecit aarers only and is not transferrable to future awners; and (14) special use permit to be reviewed in six months. Seo�nded by Councilman Goodspeed. Upon a voive vo�.e, all voting aye, 1►�yor Iuee declarecl the motion carried u�animously. �• � � • s • L;__; • � � �• �� • �: : y i � � �' ,�• �►, i� �� ; �� ) • �+� � �� • • � : � «: �l.�l.� • 7C VAR #86-30 � George Arnold �/ 1 G2h� // G� J -f'7 7�-4%?� � �O �/' J .. c!-'L `-C�• .LL"'c��,�� .�--�'�.-: �� -['.�� r� �?-r--�-��.�(� :� �� ;�/ � ��- r .�-� ,.��--�� z �`�!_, ��c_, � � -c.�� C _. � t--z�'�c-c��—�� _ ' i!" r // � C .�L.- (.�-(�..��i�._.. �-C7��^-�Lt.� E (,r-t v2� .,�1�-c`-«- �L- �_ F ,� ¢r� �l--� ,� �� C� .�-- -L^-J ��' .-:e+.!{�"� ��t..Lc_� � � � , , _. �� _,.t'_ -EC.2- .,C�'7"✓ ;�-f�L�—t'L�-2./1i� , ic--C': �'Y_GL� � _ � , �� -- �� C � � �_;Z., � �-c.2�-L-�� -, , L�C� j � �/ ,E' � / _.�,L_. i�� Cl.... (,C-LC�� c �-`--�=-F � .��tC.�_ , - //�� ; u.t � � ,.% t-rv . t�� / > �'v' • y .,� � � �� L� � � �� r � , � /�' , ,fiL �/ _ /Z�..-•� �.�--c --�./ ,K-�c- • � � �CC. - - �� //'-� � L�(� .-�L-t' � � , � ` --�--�z �r�� :�- ��-t--�.�:�=�/�-� � � _ ? -�� -, , ., . �,c��c � —�- z t.-� � � . .�/�c�-� ��t�. _�.�. -� �Y.�� r ./7 %'�'�',.iC GZ.� ��L�-yL.�' �!'Y[,. /�iJ,: -C��,�''�'�C.L%C_7Li`_i�-- -. �-�/� � � ��-� -- 3 G � ,��' �� ,,��-�" ��", '�=-�-�-� �� - J.�' �� C� � ��-t.2c1---c�� _J�C.2 ,..��,�^, , )� .-�, _ -� -7 �!3 � � % � �; 1� • j �� ? M.1�. � . ��+�M �. �. �.�.l�+�i: �+� `•Z�1 � Councilman Goodspeed stated last year he made the m ion to der�y this varianoe on the basis of the r�eic�bor's ohrjection. A felt two questions had to be addressed, one if the varianae should be a wed and, se�nd, the policy on haw to hanc�.e these requests in the fut . cb�Qi� coo��ea S�r�a r,r. Frocm's new ne' ghbor would prefer to have the garage extended. He stated the On�cil also �nsider an ordinance this spring to prohibit Farking on the str ets in the winter. He stated with these two things in mind and, oons' ring Mr. Barna' s vomments, he would mave the follawing: NDTION b� Gbuncilman Goodspeed to a we variance, VAR �66-29, to reduoe the side yard setback f ran 5 feet to 3 feet to allaw oonstruction of an attached acoessory buildi.ng at 9 Pancbra Drive N. E. , b� Donald Froan, with the stipulation that there be openings in the west wall and it must be a or�e-hour fir�rated wall. �nded b� Coimcilman Barnette. Upon a voice vote, all voting aye, Mayor e declared the motion carried unanimously. t�yor Nee stated he can s�m�athize with the issue raiaed b� Mr. Betzold and this should probably be�discussed at a O�nferenoe Meeting. Mr. Herrick statea of the variances City o� Fric�ey. a farmal policy kx�sis, he dicY�' if the Co�mcil a practical a oa oertain fi ngs final decision. if,/he were to quote the tests of the Supreme Court, 90$ o4il.ch't be granted and this Frobebly isn't �ique to the !e skated whether the Cbimcil wishes to try and set forth haw these are to be handled or v�r�tinue on a case-by-case have a strong feeling. He stated he has taken the p�sition id the neic�bors are satisfied, and the Cbwlcil is taking a i�, he c�ch't otrject. He stated the Council has to make and they, as the cpverning boc�, are authorized to make the It was ti�e general o�noensus of the Cb�cil to review this at the O�nferenoe Meeting�and discuss what tests �ay apply. , - - - - . ..:. -. _ . . . .- - . . -. � �� R� • ; • �i ; ls�. .:.s.« ' � • .� L' ' � • � �� !. . — 4:1 �1 :.�� 4= • «: • � `l4�.. a� � • � �� ,i �� .M _ �� .__ �.� 4sl �� 4i �9 �i � :_, � 4�_ : Mrl�l� : �iM . :� '� : � _� �- � �� M� 1 � ' �, ��.� ��, t� _�_4� ,. • � i ��_il� ♦ 4�!i�i « ]�s _ L�I� _:_ L J�� . � Mr. Robertson, darm�nity Developnent Director, statecl this is a request for a varianoe to reduoe the side yard setback on the street side of a vorner lot frc�ti 25 to 20 feet to allaw �nstruction of an attached garage. He stated the petitiorer indicates he needs the variance to attach the_ new c�arag�e and keep it in line with the present building window and to avoid moving the present incoming power supply. Mr. Robertson stated the petitioner indiceted if a detached c$rage were �natructed, it would result in renaval af at least one large tree. Fie stated the addition would be 75 feet fran the rieic�bor's house to the east. -16- 12. ��.1�, � M��y �. � ' �.�il�'y�! � ��L�•�7 Mr. R�bertson stated the Appeal s Commission reoommended appraval of the variance by a 3 to 1 vote. He stated if this is appraved by Council, staff's only reoomQnendation is the drive�ray be harcl�urfaoed. lrDTION b� ��mcilman Fitzpatrick to o�ncur with the reoommendation of the Appeals O�rtnission and apFxave varianoe, VAR #86-30, to reduoe the side yard setback on a street side of a vorner lot f rom 25 to 20 feet to allow v�nstruction of an attached c,$rage at 6201 Riverviea Zlerraoe N. E. , tr� George and Lillian Arnold, with the stipulation that the driveway be hardsurfaced. Se�nc3ed tr� O�tmcilman Barrette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��d. � ' �i � M.t.'s.s�4 _' ��iM�V . �i� V N�1 ��. � i�%��}yIC yl' ' : • M�TION by Councilman Schneicler to receive the minutes of t Charter Cbirnnission Meeting of Septenber 15, 1986. Seaonded b� �i.mcc�l Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the otion carried �manimously. _ {�� *!--:� �. a� • �_ «�+��: �• I7� Ni�TION by Councilman Schneider to reoeive the inutes of the Charter Q�nunission Meeting of October 20, 1986. Seao tr� �uncilman Goodspeed. Upon a voive vote, all voting aye, Mayor Nee clared the motion carried unanimously. / Mr. Bill Himt, Assistant to the City Ma r, stated the Q�arter Commis,�ion is reo�manending two revisions to the rter. He stated one is requi ring election j udges to be registered vote s and the other renwes a referenoe to a State Statute whirh has been ci�an� d sinoe the Q�arter was enacted. Mr. H�t requested the Gb�mcil wnsi f sdzeciuling a public hearing for Deoemk�er 8, 19�6 to wnsider these rEVisj,�ns. NDTION b,� Gb�mcilman Schnei r to eet the public hearing on these prop�sed Charter revisions for Die r 8, 1986. Seoonded tr� �uncilman Goodspeed. Upon a voioe vote, all ing aye, Mayor Nee declared the motion carried unanimously. ��M �� : � Mr. Flora, ic Works Director, stated five bids were reoeived for this p9coject and e City's a�nsultant, TI�A, has remmQnended awarding the b3.d to the law' ' r, Western Waterproofing, Inc. for a total bid, including the alterna , of $106,325. Mr. F'lora stated it is also reoommended that TI�P► be r ned for inspection servives at an a�►oimt mt to e�aceed $1,800. �ON by Q��mcilman Schr�eider to reoeive the follawing bide for the Repair Johnson Street 1.5 NG Reservoi r Proj ect No. 161: -17- . \ � . . � . �\ t ? e� � � '•-,ie rT _ r \ `t :�� "% -.- .. . 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" / Y � _ _ - - � .i r ✓w- i- VAR �686-30 -- --� 8 D �r.�: Ev a. cak: �:2��.�r �A��T��i � ��N ' °'Qeo�r�e �Arefc��d�.�• . dh�n.A CUUNTY SUFVE�S J• E��IL . C�V11, hGt••iLR ��LNVEP�h COl,N1Y SUArEYS �a•�ruaw�u ��N NINNC4PG.1;. 5„H,�r,s L:1,ti"U .� C'R I�E 1'URS C- F. Si+NDHO�-F E4�o SM4„� uAn La�,E N E. C��L �NG�NEER S��ti��• 6-O'�iy R[G:STErtED UNDER LAW9 OF STATI OF MINr+tSOT4 • ESt+bLll�+�L� Ih� ��N I�CENSiO BY ORG�NANCE OF CIT� OF M1hNEAPO�If 3-t5 PLYMOUTH BUILDING LiNCO�N 8721 �AMES NE�SON SuRVEYOR �hD.;5TR1AL. - JlDIC1AL a!'...,.�n�t �oaa y_:; �.lSS - 70GUGRAhM�C�� ucbrpoc's �rrtiEtcat� "'FT�o"��:.�T .� �AntD - '. r �GTS - Pi4TT.1G � St�R��E�C:w• . . , _ ... .o�. / - c� .:�-ass j. ! � - 'nv�oicc _ �7 � : � , , < � 6201 P.iverview Terrace � ,, • ,' ' � `� �C � ��- Q � g � � �a `� — �'>- + � ,/ ''' _--f-- -s" t..:� - -_ __— � ,� _�: , � T ; j� . ' _ . .. --- - __ � i _, � , � J , `. ' � � ` t � � � �3 � � ' , %' ,I y!\INe�n4 S j � I `♦ F�►!__-�_! .'..i•= ♦ . • . � � � � . •• , q __ _ ------- � f�'�!6'� � � � � � � . �� t � � , I � '. .\ . . � i�_� �� ,-- ._ � — , .... _ . �- �`,' j. ` - � � .: -- - . - il,,�,,b� �."'ti_-• �r-t t:is is �: true -std c:,rr.,ct `at o" :� v^y o �t " ��uc:: . , J�1��- �tn : :iLiuz, Vil:�ge o° �i .'_ef, no�ca o ',-, 'trnpset � �,L v-:•-e.: °:e ,iur�:i~ the : or.ti. � ' � •- '�:� � of leccn�.,er, I; � •�. . ,� :� . ,- . , SIGNED �' �� '' . .yK. • . _. � r. _. ._ - . . -�...�- . • CAf;i'W131GMT w«o OLSOti : Iten #2, october 28, 1986 AI�IINLS�I2ATIVE S�FF REPORT 6201 RIVERVIQ�1 ZERFiP,(� VAR #86 30 A. HIBLIC HIR�.SE SIIZVID BY R�UIRII�]T: Section 205.07.3, D, 2c, 3, requires that an attached or detached accessory building which opens onto the side street shall be set back at least 25 feet. Public purpose served by this requirenent is to allow for off-street �rking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment int,o the neighbor's f ront yard. B. S�AZED HARLYSHIP: "We need a varianoe to attach the new garage and keep it in 1 ine w ith the present bui.lding, and also to avoid moving the present incoming pa�wer supp].y. " C. ALiMINIS�iATIVE S�E'F REVIEW: �he petitioner presently has a one-stall garage. He would like to enlarge it and he would prefer rbt to have a seoond detached garage in the middle of his back yard. If he is granted this variance he would add onto the rear of his existing garage and provide a r�ew driveway out to 62nd Way. 'ihere is a 7 foot boulevard on 62nd Way, therefore there would be 27 feet between the curb and the garage door. The south wall of the addition would jog 7 feet to the north; an additional 5 foot jog would make an attached garage addition impractical. Zb oonstruct a detached garage would result in the renoval of at least one large mature tree. �he addition would be about 75 feet from the neighbor's house to the east. � If the Appeals Com�nission apprwes this request the only stipulation the staff reoonmends is that the driveway be hard surfaoed. � CITY OF FRIDLEY PLAPJ�JING C0�1!iISSIC�I NEETIPJG, OCTO�'EP, 21 , 1987 CALL TO ORDE2: Chairperson Billings called the October 21, 1�87, Planning Commission meeting to order at 7:30 p.r�. � ROLL CALL: ".er.�bers Present: Steve Bi 11 i ngs , Donal d Betzol d, t'aynard �;i el sen ( for Ri ch Svanda ), Bruce Bondow (for Dean Saba) '9er.ibers �lbsent : Dave Kondri ck, Sue Sherek Cthers Present: Jim P.obinson, Planning Coordinator Jock Robertson, Community Development Director John Glynn, 825 - 50�z Ave. tJ.E. Robert Y.udla, 14030 Underclift St. t�.W., Anoka Bill Jensen, 6875 Nighway 65 N.E. Al l en t•lestfal l, P. S. I. Y.urt Plarke, 251 60 Z Ave. Pd. E. Steve ��anuel, 462 97th Lane N.C., Elaine Tony Palaia, 1200 Osborne Rd. M.C. Jerry Jackson, 115Q Osborne Rd. N.E. LJayne Dahl , 769!� Hi ghway 65 tJ. C. John Nelson, aloomington, �1n. Harold Anderson, 203 Cooper Ave., St. Cloud APf'RO!IAL OF OCTOBEf'. 7, 1987, PLANNIPIG CON":SS_T^t! �!IM!!T�S: MOTION BY MR. BF,TZOLD, SECONDED BY MR. BONDOW, TO APPROVE THF. OCT. 7, 1987, PLANNZNG COMMISSION MINUTES AS WRITTEPI. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HC/1RI��r,; CO!;SID�RATIOP! OF A SPECIAL USf PFRP1IT, SP #87-18, B`! JU�tr! �t.°rin: Per Section 205.05.4 of the Fridley City Code to allo►•� a different cor�mer- cial use in an S-1 zoning district (special zoning district for Hyde Park) located on Lots 27 and 2�, Block 12, Hyde Park, the same being 5�73 - 3rd Street ��.L-. MOiION BY MR. BETZOLD, SECONDED BY MR. BONDOW, TO FIAI['E THE FORMAL READING OF THE PUBLIC HEARING NOTICE AND OPEN THE PUBLIC HEARING. UPON A VOICE, VOTE, ALL VOTING AYE, CXAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:31 P.M. 9A °LAP�NItJG C0�'.NISSIO�J �1CC?IP;G, OCTOBCR 21, 1987 PAGE 2 t1r. Robinson stated the special use permit was to allow a copy sales and service business in the S-1 (Special Zoning District for Hyde Park). The I�yde Park zoning overlay was created to change a lega? non-conforming status that some of the residential dwellings had in the neighborhood prior to its enactment. One of the unique things about the ordinance was that it does • not have a provision for commercial development, although there are at least three commercial developments in the area, other than residen.*.ial apartments. � In the past, the Planning Commission and !'ity ':ouncil have used the special use perr�it process whenever there is a proposed change in cor.unercia? use in the district. The special use perr�it process is utilized to ensure that the new development is compatible with the neiqhborhood and also to set stipulations for the quality of the development. "1r. F;obinson stated this particular property at 5:'73 3rd St, was thc� suhject of a special use perr.iit in October 1�85, which was granted by the City Council; ho��ever, the petitioner never toof: occupancy of the building and ttie operation was never finalized. Mr, f:obinson stated Hr. Glynn's operation was a lower intensity use than what was proposed in 1�£35 in that there will be four or fewer parking spaces required at any one tiMe. He believed there were approxiMately three employees, not all full-time, so there would not be the need for a parking 1ot expansion as was envisioned with the last proposal. !1r. Robinson stated the site plan, which was approVed in 1�a5, was for an expanded lot area. The proposal was ta lease from the Cit,y sliahtly over 1600 sq. ft. of Lot 2!�. Both Lot 29 and Lot 3C are held by the City of Fridley and were acquired for the slip-off from University Aven. ,1t that time, a lease was proposed and approved by the City. �1r. Robinson stated that at this time, they do not envision a pari:ing lot lil:e that proposed in 1985, but rather would util?ze the existing blacktop area. It ��ould be sufricient for four cars, so the par4:ing requirement which was part of the previous proposal was not part of the current proposal. "'r. P.obinson stated Sta`f has »orked with t!r. �1ynn to cone up with ir�prove- ments to the property. These �vould include facade improvements. They have not yet arrived at what they reel is the most appropriate plan for the building; however, they have looked at sor�e opportunities such as adding some cedar trim. P1r. Robinson stated Staff was recomroending the following stipulations: 1.� Building facade improver�ents, subject to staff approval, to he completed by Oct. 31, 1988. _ 2, Landscape ir�provements, as per City plan dated Oct. 21, 19A7, to be installed by Oct. 31, 198a. Location of plantings on north subject to Council determination. . - PLAPJP�IP!(' CO!1'tISSION t�fETIt;G, OCTOB�f'. 21, 1987 ".'lGC 3 3. Parking situation to be..reviewed in two years (or sooner if necessary) to deterr.�ine adequacy of existing parking lot, If additional stalls are required, petitioner will install expanded parking with concrete curbing as per Oct. �1, 1987, drawing. Co^tingent upon Council approval of lease of approx. 1,b04 sq, ft. of Lot 2�3, Block 12, Hyde Park. 4. Petitioner agrees that any future reuse of the building is s��hject to finding, through a special use permit process, that the reusP would be compatible with the surrounding neighborhood. MOTION BY MR. BETZOLD, SF,CONDED BY MR. BONDOW, TO CLOSE THE PUBLIC HF.ARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLI(' HEARING CLOSED AT 7:39 P.M. MOTZON BY MR. BETZOLD, SECONDED AY MR. BONDOW, TO RECOMMEND TO CITY COUNCTL APPROVAL OF SPECIAL USF, PFRMIT, SP #87-18, BY JOHN GLYNN� PER SECTION 205.05.4 OF THE FRIDLEY CITY CODF, TO ALIAW A DIFFF.RENT.COMMERCIAL USF. IPJ AN S-1 ZONING DISTRICT (SPECIAL ZONING DZSTRICT FOR HYDE PARK) LOCATED ON IATS 27 AND 28, BLOCK 12, HYDE PARK, THE SAME BF,ING 5973 - 3RD STRF,ET N.E. W� _"H THE FOLLOFIING STIPULATIDNS: 1. BUILDING FACADE IMPROVEMENTS, SUBJECT TO STAFF APPP.O[�AL, TO BE COMPLETED BY OCTOBER 31, 1988. 2. LANDSCAPE IMPROVEMF.NTS, AS PER CITI PLAN DATFD OCT. 21, Z987, TO BE INSTALLED BY OCT. 31, 1988. LOCATION OF PF.ANTINGS ON NORTH SUBJECT TO COUNCIL DETF.RMINATION. 3. PARKING SITUATION TO BE REVIEWED IN TWO YF.ARS (OR SOONER IF NECESSARY) TO DETERININE ADEQUACY OF EXISTING PARKING LOT. IF ADDITIONAL STALLS ARE RF.�UIRED,. PETITIONF.R WILL INS:'ALL EXPANnF.D PARKING �dITH COl7CRETE CURBING AS PER OCT. ?1, 1987, DRAWING. CONTINGENT UPON COUNCIL APPP.OVAL OF LEASE OF APPROX. 1,604 SQ. FT. OF LOT 29, BLOCK 12, HYDE PARK. 4. PETITIONF,R AGREES THAT A1'lY FUTURE REUSE OF THE BUILDING IS SUBJECT TO FZNDING, THROUCN A SPECIAL USE PERMIT PROCESS, TKA'" THF, RF.USF. WOULD BE COMPATIBLE WITH THE SURROIINDING NEIGHBORHOOD. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MO."'IOIJ CARRIED UNANIMOUSLY. Mr. Robinson stated this iter� would go to City Council on Nov. 9. 2. PUBLIC HCARING: C0�lSIDERATIOPJ OF A SPCCIAL US� PFf',"IT, SP �87-19, B� ROEERT KUDLA: er ection 205.24.4.2 of the Fridley City Code to allovi a garage in an- 0-1 (Overlay District) on Lots 33-36, Elock l!, Riverview Heights, the same being G83 Fairmont Street PJ.�. PLAPJP�ItIG CO"�1ISSIC�! HEE?I�IG, OCTOQER 21, 1987 P��` 4 MOTION AY l•iR. BF.TZOLD, SECOTIDl� .�3:' �'J'. *1IELSF.N, TO WAIVF. THE FORMAL READING OF THE PUBLIC HEARING NQTICE AND TO OPEPI THF. DUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:4i P.M. , '1r. Robi nson stated tfii s proposal vias to construct a garage on the propert��. ' The property was located in the Overlay District, 0-1 District, which has to do with the flood z�ne. Any construction in this zone required a special use permit. In this particular case, because it was not a habitahle struc- ture, the requirements were less stringent than they normally would 5e. �1r. Robinson stated the property was zoned single family, anc! was desi�nated as flood frinqe in the Overlay District. The garage would be located on the rear of the lot, and the re were no problems with setbacks. The stipulations were as follows: 1. Proposed garage shall be firmly anchored to prevent flotation. 2. Proposed garage shall be flood-proofed in accordance with the State Building Code. 3. A hard surface driveway shall be installed within one year of building pernit authorization. 4. Facade of garage to be corpatible with house. MOTION BY MR. BETZOLD, SECONDED BY1MR. NIELSF.N, TO CLOSE THF. PUBLIC HEARINCC. UFON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BZLLINGS DF•CLARED THF. PUBLIC HF.ARING CLOSED AT 7:44 P.M. MOTION BY MR. BETZOLD, SF.CONDED BY MR. BONDOW, TO RECOMMEND TO CITY COi7NCIL APPROVAL OF SPECIAL USE' PER11fIT, SP N87-19, BY ROBERT KUDLA, PER SECTION 205.24.4.2 OF THE FRIDLEY CITY CODE TO ALLOGI A GARAGE IN AN O-L (OVERLAY DISTRICT) ON LOTS 33-36, BLOCK U, RIVERVIEW HEIGHTS, THE SAME BEING 688 FAIRMONT STREET N.E. , FIITH THF. FOLLOWING STIPiILATIONS: 1. PROPOSED GARAGE SHALL BF FIRMLY ANCHORED TO PP.EVENT FLO.".'ATIOPI. 2. PROPOSED GARAGE SHALL BE FLOOD-PROOFF.D If+ ACCORDANCE WITH THE STATE BGILDING CODE. 3. A KARD SURFACE DRIVEWAY SHALL BE INSTALLED WITHIN ONE YF.AR OF BUILDING PERMIT AUTHORIZATION. 4. FACADE OF GARAGE TO BE COMPATIBLE WITH HOUSE. � i1PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THF. MOTION CARRIED UNANIMOUSLY. "1r. P,obinson stated this item would go to City Council on Nov. 9. 9C . � PLI�NPjTtlG �(1�'.!tISSION MEETING, OCTOBER 21, 198? P^.G� 5 3. PUE3LIC HEARING: CONSIDERATION OF A REZOPJI�!G, ZOA #87-04, BY JA!1f:S B�"SQ°;: To rezone from C-2 Genera Business to ��- Light In ustria on Lot 4, Block 1, A& R Second Addition and Lot 3, Block 1, A& �' Addition, the same being 7651 Highway 65 PJ.E. MOTION BY MR. BETZOLD, SECONDED BY MR. NIELSEN, TO WAIVE TXE FORMAL READING OF THE PUBLIC XEARING NOTICE AND TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTF., ALL VOTING AYE, CXAIRPERSON BILLINGS DECLARBD THE MOTION CAP,RIED UNANIMOUSLY AND THE PUBLIC HF,ARING OPEN AT 7:46 P.M. Mr. Robinson stated the property was located just south of Osborne and east of Highway 65 and was a combination of a parcel which was part of A& R Addition and A� R Second Addition. The proposal was to rezone from C-2 existing to t1-1 zoning. The property just to the east was �"-1, to the south it was '1-1, and the corner property was C-3, the heaviest commercial zoning. Mr. Robinson stated the rezoning was needed to facilitate the mini-storage which was classified as warehouse in the City !:ode and was allowed only in industrial zoning. P1r. Rohinson stated the property was previously zoned all C-3. The C-2 zoning was sought by the developer of the plats, both Dave Harris and John Nelson, in order to acconanodate the smaller commercial development they anticipated on the property. The development they were seeking would have been fiinc+ered by setbacks and lot areas under the C-3 zoning, so the �-2 was approved for the plat of A& R Addition in August 1986 and for the plat of A& R Second ;lddition in February 1987. �",r. Robinson stated the City's desire and intent for quality developments for both the plats and the rezonings were expressed in stipulations which called forcomprehensive design elements such as li�hting and lan�scaping. An area map demonstrated the current state of the developed area. �",r. Robinson stated that besides the request for rezoning, there a�ere variances which went to the Appeals Commission on Oct. 13. The status of those have changed. The original setback variances were for a building setback from 35 ft. to 15 ft, on the east, a building setback from 35 ft, to 30 ft. on the north, a green space buffer from 15 ft. to 5 ft, on the north, a hard surface sethack from 5 ft, to 0 ft, on the east, and a parking stall reduction from 26 stalls to 3 proposed. Mr. Robinson stated that since the Appeals Commission meeting, the developer has revised his plans and there currently is 10 ft, of buffer space on the north so they are 5 ft, closer to the 15 ft. required. They now meet the building setback on the north, the building setback on the east would rer�ain the sane, and the hard surface requirement was met on the east. The parking stall remained the same. "+r. Robinson stated in addition to rezoning and the variances, there was also the need to vacate a street and utility easement which was required at the �1"! PLIL"INI�JG CON!1?SSIO�� 10ETIfIG, OCTOBER 21, 1987 P.^.`•� 6 time of the A& R Second Addition.plat. These easements were require� due to the fact that there are two large lots which were combined into one parcel with very �limited a�ceess to the curve on Viron Road, so a stipulation of the A& R Second Addition Plat was that the street easer�ents were to be imple- mented and they are in place today. . �1r. Robinson stated one of the strongest points for the development was that it has a fairly low intensity of traffic generation. There will probably be 10 or fewer vehicles per day visiting the site acco rdino to the developer. "1r. F:obinson stated on the negative side, they might expect a higher intensity commercial development, maybe more compatible with the commercial development in the area, if the easements were r�aintained and the road was put in place. In addition, the Police Department feels this particular location does present sone security problems because it is fairly well tucked away with poor views into the site. P1r. Robinson stated the westerly elevation wauld include a bricl: facade with concrete columns. The rest af the developc�ent would 5e a metal panel construc- tion with overhead doors. There would also be a residence on the site for the caretaker. Mr. Pobinson stated Staff was recorunending the follor�ing stipulations: 1. Developer agrees to covenant, through recorded document, that the rezoning of the property to "":-1, Light Industrial, is for a Mini- storage facility only. Any reuse of the property is subject to Council approval. 2. Developer will further covenant that the building and grounds will be maintained consistent with approved plans and stipulations of the rezoning. 3. Developer to supply final details for storm drainage, landscaping, and lighting for Staff approval by PJov. 10, 1987. 4. All green areas to have automatic sprinkling. 5. Security fence along eastern and western perimeter to have tubular vinyl screening slats and vines planted four feet on center. 6. North elevation facades of all buildings to be of brick material. 7.� Proposed security system specifications to be supplied for police review by P�ov. 10, 1987, - 8. Proposed storage leasing terms and conditions to be supplied for Staff review by Nov. 10, 1987. �lr PL1IP�NIPIG COP?NISSIOPI MEETIP;G, OCTOQER 21 , 1987 �'�� 9. Developer agrees to accept assessment for fair share of proposed comprehensive lighting project. 10. Developer to supply a perforr�ance bond or letter of credit to cover all outside ir�provements prior to construction. , 11. Dunpster to be fully screened fror� off-site view. 12. P.ezoning is contingent upon approval of street easer�ent vacation. 13. All outstanding park fees to be paid prior to construction. 14. Developer to submit drawings indicating pylon sign size, height, and location by PJov. 10, 1987. Mr. Billings asked what would happen if the vacation was not granted. blould everything just get moved over 25 ft.to the east? �^r. Robinson stated the developer has stated they are already below industry standards in terms of the amount of lot coverage on the site in order to make the project financially feasible. If he had to respect these easeMents, he would not be able to make the storage facility go. !1r. 8i 11 i ngs asked t1r. 1Jestfall to descri be r�hat the north facade of the buildings would look like and the security fencing on the north side. t1r. 4Jestfall stated on the north elevation, they have agreed with bricE: with the exception of the cente�r building where there is a glass door front, � ft. wide. On Building A elevation, they have agreed to use brick on its north face and its west face. The security fencing on the north side was wrought iron. There was a pad key entry with a multiple digit entry each tenant receives and the tenants must enter and exi� with that number. Just to the left of the entry, all along the north line, approx. ?0-3(? ft. centered, were 6 ft. high, 2 ft, by 2 ft. brick columns matching the building with wrought iron fencing. The caretaker residence was on the north end of Building A, the westerly-most building. Mr, ti�estfall stated that regarding the stipulations, the only stipulation he had a problem with was Stipulation #5: "Security fence along eastern and western perimeter to have tubular vinyl screening slats and vines planted four feet on center." P1r. We�tfall stated they had no problem complying with the stipulation along the east property line, but they disagreed with that along the west property line. Having over 70Q of these mini-storage facilities and maintaining-them on an ongoing basis, if they have visibility from outside the facility, it helps facilitate the police driving by to be able to observe the facility. P1r, l��estfall stated he felt the west was probab?y the most potential area for the police to have any visibility to the back-end of their project,as all that expanse of open space r�ight pose a natural avenue for vandalism. They think this stipulation will impose a security problem on their property, 9G PLANNIPlG CO'�HISSIOP! NEETIMG, OCTOBCf' 21 , 1987 P/1G� 8 and they would prefer not to do any screening on the west side. �1r. Robinson stated.the Police Chief has indicated there is going to be a security problem anyway because of the fact that there is no rcad that circles the property and there are poor views, irrespective of t�e slatting. P1r. Westfall stated that because there does not seem to he a place for their mini-storage facility in the Code because they technically fall under the classification of warehouse, they are asked to build in an ""-1 zone. He stated 8�-85� of their tenant base is homeowners. They are a commercial use. There are an industry that is only 17-18 years old, and this type of facility is just not addressed in most cities. t"r. Billings stated that regarding Stipulation �`12, "P,ezoning is contingent upon approval of street easement vacation ", even with the vacation, the site seems to be marginally cost effective. P1r. ��estfall stated they have their minir�um standards for the number of units on a lot this size. If they drop another building, there would not be enough income from the rental of the units to justify the expense of building the storage facilities. !1r. Billings asked if this ;n any way gave an indication that maybe this isn't the right site for this project. P�r. Bill Jensen, an Engineer with Suburban Fngineering rep�esenting PSI, stated they have to recognize that the easer�ent v�as a verv recent thin�, ane� it was in response to what was recognized as a possihle future problem. He thought that problem was really coming to a head and was gaing to he recognized for its genuine and practical questions at this time. Nr. Jensen stated he had a copy of a composite drawing of the County's half section map overlaid over a 1985 aerial photo. /lt the time of the A E� f', Second Addition plat, it was recognized that the street in this location might be a necessary thing in order to provide access to these lots that are somewhat buried from the public road, and the possibilit� of sor�e sort of additional access being necessary on the Anderson development plat to the east. At this time, with the proposal by PSI to make ase of this site, because of the fairly low traffic impact and finding the narrow access point at the corner of Viron Road to be very suitable for their purposes, the need for this road was reduced substantially. Of course there was still the question of the Anderson development, but he believed there were probably other accesses that could be provided for that area without impacting the 1� & R Addition and the A & R Second Addition. Mr. Jensen stated they think also that the Cor�mission should note on the aerial photo that the road in this location runs right into Strite Anderson's building. The building is 20 ft, from the line, and the road easement provided on A& R Addition and A& P. Second Addition butts right into that building. That apparently is a cul-de-sac situation of substantial length that is greatly in excess of what the ordinance provides for. 9H PLAP�NI�1G C0�1f1ISSI0P� MfETIPJG, OCTOBER 21, 1987 P/1�F 9 "1r. Robinson stated that when the..City acquired the easements, it was in response to the fact that what was eriQinally a fairly small lot, a little over an acre, with this fairly poor access now needed to be combined with another lot of adequate si2e to create a three acre parcel. At that time, as a condition, the City said they needed the street easer�ents and they were acquired all the way to Osborne Road. The City's proposal, which was future-oriented, was to have a road connect to Old f,entral in either of two locations. They realized it was not good planning to just butt the road up against a building, but there was the opportunity for additional street right-of-way with the development of the property to the east which was almost all vacant, with the exception of the trucking coMpany. �1r. Betzold stated he was a little concerned that they should preclude any future access into the Anderson development., They have already seen a lot of changes in this area, and he was hesitant to vacate those easer�ents, especially when the City was very specific about getting them put in. "1r. P.obinson stated P1r. Dave Harris, a develo�er of the plat, was not ahle to be at the meeting so he had sent a letter to the City. MOTION BY MR. BETZOLD, SECONDED BY MR. BONDOW, TO RECEIVE MR. HARRIS' LETTF.R DATED OCT. 21, 1987. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. t".r. P,obinson stated that in the letter, �1r. Harris had stated he wanted t�e Cor�nission to favorably consider the vacation oF t"e road easement on the easterly portion af the property in question. �"r. P,obinson stated P�r. !'arris had stated that at the time A& F: Second Addition was platted, City Staff had advised hi� that it would be necessary to provide for an easer�ent on the easterly part of the A&� development and the westerly part of the Anc�erson property in order to provide adequate access to the Anderson property. Because of Staff's insistence, he reluctantly agreed to the easement. I�e also stated that at the time this took place, he was not aware there was an exist- ing plat on the Anderson property. This plat does not provide for a street along the boundary of the A& R and Anderson property. The plat does provide for adequate access without this easement. �'.r. Harris had stated the easer�ent was a detriment to the A& F: property, and he felt he was not fully advised by Staff and their stater�ent that this easer�ent was needed for access was in error. "1r, Robinson stated it was made very clear to �tr, fiarris that the reason for the easenent was that they did have three acres of property with poor access, in add�tion to the fact that they did need access for the Anderson property. This was all on record. - P1r. Jensen stated the idea of looping this road out to Old Central does eliminate an overly long cul-de-sac; however, there was also another op•*.ion in the way of correcting the access problens that might exist in the southwest corner of the Anderson property. These are still vacant parcels, and there could be a roadr�ay between lots Z and 3 and looping out similar to those options illustrated b�� the City. In that instance, there would be no negative � PLl1N"�IPI� C0�1t1?SSIC'! N�CTIP;G, OCTOQE" 21, 1987 pq(;` 1n impact on the proposed use by f'SI.and would serve the Anderson development reasonably well. He was only suggesting that there were some other options and what those are should be left up to the future developers. Mr. Tony Palaia, Palaia Construction, stated he was constructincy the two buildings facing Qsborne f'.oad. 4Jith him at the r�eeting were Jerry Jackson, owner of the Dental Lab, and 4layne Dahl from the Fridley Chiropractic Clinic, and �"r. Anderson, fror� Anderson Trucking. Mr. Palaia stated this property has been sitting vacant for sone tir�e, and when it was rezoned to C-2, all of a sudden four lots were inmediately developed. At the time he cane to the City to request the construction of these two buildings, it was made extremely clear to him by City Staff that the concerns of the City were that this area be developed in an orderly fashion and that these v�ere to be extremely nice looking buildings. He stated they have gone to considerable expense to do that. The green areas have been strictly adhered to. Between the two buildings facing Osborne �oad, they are spending in excess of ;30,000 to adhere to the City's requirements. �1r. Palaia stated the vacation of the 25 ft. easer�ent was made mandatory oF hiM to be added to t"e 25 ft. or 3J ft. easer�ent at the ti�e o.` future developr�ent of the Anderson property. It was made very clear to him ttia`. if there were no eas�ments, there would be no building perr�its. He had no problems with the easement if it was going to be made to the entire plat, not only to the 11 & R plat, but also to the llnderson plat. The develo�r�ent of the entire area was put `orth as a nice corriercial development, and now all of a sudden they are being asl;ed to go along with a vacation of an easer�ent and restrictions that v�ere put on ttiem that are not being asked and adhere�! to with the develop�ent of the mini-storage facility. !ie had strong reserva- tions about this type o` facility going in on this property. t"r. Palaia stated he was opposed to both the rezoning and the vacation. The reason for that was he felt the developr�ent would not enhance the llnc!erson property with what looks to be a very developahle piece o` land for cor�r�ercia' use, lls far as the road coming in on the west, he had no probler� with that. Mr. Jensen stated there was an indication that the use of the Anderson property was commercial, lie stated the zoning of the property to the east of the Anderson development and the property to the south were all zoned t�-1. ' lie just �ranted to make that clear. f1r. Harold Anderson, President of Anderson Trucking, stated hP owned the Anderso� Property. He stated he was in agreement with the street easer�ent" ;n that they would share with the developer to the west in that easer�ent. His concern was that if that easeMent is vacated and upon future deve'op�nent of his property, he did not want to end up paying the full expense o` a road if a road was needed in this area. He stated the rezoning joins his !"-1 property, and they would like the property zoned for what was the highest and best use for that property. If C-2 was t"e best zoning and would service t'�e conmunity better, then that is what it should remain. L 9J PLAPJNI��G C0�'HISSIO�! NEETIt�6, OCTOBER 21, 1987 p,1G� li P1r. John P�elson stated he owned the parcel of land between the Strite Anderson Building and the Bass Pro Shop. He stated he was a commercial real estate broker and developer, He looked at this type of development as an asset, not necessarily a detriment, to his property and would venture to say that it could be an asset to the property or�ners around ix. The development was a very low traffic generator. They could have some other kind of commercial use on that property such as an office building that could create considerably more traffic than was proposed for the mini- storage facility. Ne thought access to the project through the corner was limited to a degree and if there was a more intense user, there woulc! probably be some traffic problems. That, in effect, was what t�e easement onto Osborne was all about--to create a secondary point of access in the event a development was built that would create a traffic probler�. l!hat was happening was just the reverse. They are getting a developr�ent that is very handsor�ie, and that r�ould not cause any traffic problems; therefore, there really was not a need for the easement. �'r, rJelson stated PSI was the largest mini-warehouse business in the !!.S., and he has seen some of their developments throughout the country. He stated they are very handsome developments. PSI are the professionals in the industry, lie stated that regarding his own vacant property, he would personally like to see the public storage project be completed, because that creates activity for his lot and the other lots around and increases the value of his lot and the desirability of w!!at possihly could happen to his property. In his estimation, this project wou'd certainly not decrease't'�e value or the other properties around it. Mr. Nelson stated that as the project related to the road system for �1r. Anderson's land, from a development standpoint, he has develo�ed properties in the past and until he knew exactly what was going to go onto the land, he really did not know where the roads were going to be. Fror� a practical stand- point, the road system is really something that has to be addressed in the future when the Anderson property is ready to be developed. "1r. P�elson stated he agreed with Nr. 6lestfall that the zoning required in an industrial zone was not really fitting to the use. He felt this type of facility was more a cor�mercial type use than an industrial type use. P1r. Nelson stated that as a landowner adjacent to this property, he woulc he in favor of the rezoning and the request of a vacation of the road easer�ent for PSI. Mr. Wayne Dahl stated he owned thP Fridley Chiropractic Clinic. He stated he appreciated the nice appearance of the proposed buildings; however, as he understood it,there were going to be 30 ft. stalls in these buildings. - As a boat owner, he knew boat owners would desire a 30 ft, stall because that was what about a 25 ft. boat and trailer required. However, he could not imagine maneuvering his boat around the Viron Road loopback and the corners to a 3� ft. wide road and try to get the boat into the storage arPa. The narrow aisles could potentially be a problen. 9K PLANNI�l� C0�1�1ISSIOPI �9EETI��G, OCTOBER 21 , 1987 PA �f l2 s1r. Dahl stated it was interesting to note that on one hand they are talking about landscaping that would potentially hide the development, and on the other hand they are taiking about the beauty of a mini-storage facility. He was concerned that when they do have future develop�ent that the appear- ance of this mini-storage facility could reflect on the future d�velopment of the area. They have beautiful buildings along Highway 65. Ne would like to see that theme carried throughout the whole area. As far as traffic, he personally wouTd rather see a nice office building go in that would be thP "jewel" of the area that would create a traffic flow into the area and would draw people into the area. Trying to keep traffic down and heing overly concerned about that should not be a consideration. P1r. Dahl stated he was definitely not in favor of this particular project for the reasons he had stated. Ne was in favor of any kind of access that was needed for the deveiopment that best fits the neighborhood. His prob?em was with this development in particular. t1r. Westfall stated he would like to comment regarding the property and its affect on the surrounding properties. He stated he had a summary of a full report which was a valuation study done on a proposed self-storage facility in Denver, Colorado, immediately adjacent to R-4 multi-family. The purpose of the study was to determine the affect, if any, of the public storage on the surrounding properties. This valuation was done prior to the developr�ent in proposed stages and was followed up on one year later. He stated the full re�ort could,be made available if it was needed. �1r. 4Jestfall quoted the following excerpt from page 6 of the summary prepared by Van Court & Co. of Denver, Colorado: "In sur�mary, we have selected a self-storage development for study that can isolate its effect on the two Multi-fa�ily residential projects (both owner rather than renter occupied) that are adjacent. We have then compared sales of idential units within the two projects, some overlooking the mini-storage facility and some not, and we found no market evidence to suggest that residentia? values in these two projects are adversely affected by the self-storage facility. It is our conclusion that a well planne� and constructed and attractively landscaped public storage facility does not diminish the value oF nearby single and multi-fa�nily residential properties." Mr. Westfall stated that as stated by P1r. �lelson, they are the largest development cor�pany in self-storage in the U.S. They are opening up approximately two of these projects per �eek nationally. They are spending a lot of money--over $30,000 in trees and plants on a develoment much sinilar to this. They are restricted because of easements, detention ponds, as to where they can place their buildings and still have value to the development. The impact on the area is very minimal. So, for effective use of the property to its highest and best value, they are not idly invest- ing in this property. 9L PLANNI�� CO"�t1ISSI0F! MEETI�;G, OCTOB�R 21, 1987 °A�� 13 Mr. Jerry Jackson stated he owned the Dental Lab on Osborne Road, Sor�e tir�e aga when he was purchasing the land for his building, it was made very clear to him that this property was going to be zoned only commercial. At that time, if there had been any doubt in his mind that there would be some other kind of use other than commercial on the proposed propPrty, he w9uld have looked for property elsewhere. He stated he has spent a lot of money on his building, and he was totally opposed to this development as far as access to the road. He had no problem with the easement and a road going through there in the future. MOTION BY MR. BETZOLD, SECONDED BY MR. N;ELSEN, TO CLOSF. THF. PUBLIC HEAR_T.NG. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON BILLINGS DECLARED THE PUBLIC HEARING CLOSED AT 8:55 P.M. '1r. Qillings stated in stipulation �12, they are saying the rezoning was con- tingent upon the vacation, but yet in stipulation #1, they are saying they will rezone to P',-1 for the r�ini-storage and any use in the future was subject to City Council approval. To him that was saying that some time down the line i` there is no longer a�ini-storage facility, the property could be used for something else. Since they do not know �vhat that "something else" is and the reason they established the easer�en± in thP first place was to provide access, from the standpoint of good planning, he was in a quandary as to how that good planning could have changed so radically in the few short months since this was done. They are sitting here trying to look at ��hat is going to happen to that land 5, 1C, 20 years from now, and that is a very difficult thing to do. He was concerned that if they vacate the street ease- ment and something happens in the future where the mini-storage is not the best use of the land and something else wanted to go in on t�at site, have they precluded proper development because they do not have that access? "1r. Billings stated that in 1986 when they imposed certain restrictions on the property, it was prir�arily in terns of the rezoning, and the bulk or the stipulations were for landscaping, street lighting, etc. At that tir�e, certain petitioners came in to rezone from C-3 to C-2 and do a ne�v plat, and the presentations at that tiMe surrounded the fact that the best use of this property was going to be commercial development. He respected the petitioner's argument that the City Code says this particular use fits into the industrial character, but he was not sure this was the type of corir�ercial/industrial use they wanted to go in on this property. Ile thought the long range plan that the City envisioned in 1986 was for smaller comMercial type development in this entire area. Mr. Betzold stated it was not very long ago that they considered the rezoning from C-3 to C-2; and it was not too long ago that this was virtually an-eMpty field. P�ow they must make sure they are not stuck with something they will regret. Until they really knovr how they want that property developed, thPy should keep the street easer�ent. He was not sure if this particular develop- ment would or would not fit in. The petitioners have indicated there was not a zoning classification that this mini-storage facility fit into, and he would agree with that, but he was not sure if this typ� of facility even belonged in this particular neighborhood. He just did not think this project 9M PLANNIt�G CO!1t1ISSI0N �1EETI��G, OCTOBER 21 , 1987 PAGE 14 was what he envisioned for this property. Ne would not be in favor of either changin�g the zoning or vacating the ease�ent. Mr. Bondow stated he was concerned about two things: (1) The security. He felt they should be concerned about the additional burden on the City and Police Department, and he thought because of the liMited access to it, there will be a concern for surveillance and for security. (2) If they do rezone and do the vacation, he was concerned they might have precluded the land from any other future use. There really was no going back once they have given up the vacation of the easement. He stated he would oppose the vacation of the easement as well as the rezoning. Mr. Billings stated that as mini-storage facilities go, the petitioner has an excellent looking facility; and if it were not for the location it was proposed in, he thought it would be a very attractive aMenity to the City of Fri dley. MOTION BY MR. BETZOLD, SECONDED BY MR. BONDOW, TO RF.COMMF.ND TO CI.T.Y COUNCIL DENIAL OF REZONING, ZOA #87-04, BY JAMES BF.NSON, TO RF.ZONE FROM C-2 (GENERAL BUSINESS) TO M-1 (LIGHT INDUSTRIAL) ON LOT 4, BLOCK 1, A 6 R SECOND ADDITION AND LOT 3, BLOCK 1, A 6 R ADDITION, THE SA1�IF. BF.ING 7651 HIGHWAY 65 N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MO^'ION CARRIED UNANIMOUSLY. 4. CO��SID�RATIOtI OF A VACATIO"�, SAV #87-1(?� BY JA�1�S BCP;SO�;: o vacate the East 25 feet of Lot 3, Block , A& R A ition, and the Fast 30 feet of Lot 4, Glock 1, A& R Second Addition, and beginning at the north- east corner of Lot 1, Block 1, ,1 & R Addition; thence south along the east line of said Lot 1 to the southeast corner of said Lot 1; thence west along south line of said Lot 1, a distance of 25 feet; thence north along a line parallel with and 25 feet west of, as measured at right angles to, the east line of said Lot 1 a distance of 198 feet; thence deflect to the left in a northwesterly direction 45 degrees to the north line of said Lot 1; thence east along said north line to tF�e poini of beginning, a11 generally located at 7651 Highway 65 N.F. MOTION BY MR. BETZOLD, SF.CONDED BY MR. NIELSEN, TO RECOMMEND TO CITY COUNCIL DENIAL OF A VACATION, SAV #87-10, BY JAMES BENSON, TO VACATF. THE EAST 25 FEET OF LOT 3, BLOCK 1, A& R ADDITION, AND THE EAST 30 FEET OF LO_T 4, BLOCK 1, A& R SECOND ADDI:!'ION, AND BEGINNING AT TXE NORTHF.AST CORNF,R OF LOT 1, BLOCK 1, A& R ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER OF SAID LOT Z; THENCE WEST ALONG SOUTH LINF. OF SAID LO�T 1j THENCE WEST ALONG SOUTH LINE OF SAID LOT 1, A DISTANCE OF 25 FEET; THENCE NORTH ALONG A LINE PARALLEL WIT11 APID 25 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID LOT 1 A DISTANCE OF 198 FEET; THENCE DEFLECT TO THE LEFT IN A NORTHWESTERLY DIRECTION 45 DEGREES T1') THE NORTH LINE OF SAID LOT 1; THENCE EAST ALONG SAID NORTH LINE OF SAID LOT 1; THENCE EAST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, ALL GENERALLY LOCATED AT 7651 FIIGHWAY 65 N.E. � PLAPJNItIG CON"1ISSI!iN MEETI��G, OCTOBER 21, 1987 Pl!.C� 1� iJPON A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARFD THE MOTION CARRIED UNANIMOUSLY. t1r. Robinson stated the variances, rezoning, and vacation requests �rould all go ta the City Council at a public hearing on P�ov. 23. No action would be taken until Dec. 7. 5. COtJSIDERATI0P1 OF 1988 PLAN��IPIG C0�1t1ISSI0N MEETIPlG DATES: Mr. Billings recommended this ite� be held over until the next meeting when, hopefully, more regular mer�bers would be present. 6. RECEIVE SEPTEt1BCP. 10, 1987, HOUSIPJG & REDFI�EL�^t±L�lT AUTHORITY P1IP!!1TFS: MOTION BY MR. BETZOLD, SECONDF.D BY MR. BONDOW, TO RECEIVE THE SF.PT. 10, 1987, HOUSING & REDEVELOPMENT AUTHORITY MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 7, RFCEI��C OCTOBER 5, 1987, PARY.S & RECRfATIOt! C(��'"?SSIOr! P±INUT�S: MOTION BY MR. BETZOLD, SECONDED BY MR. BONDOW, TO RECEIVE THE OCT. 5, 1987, PARKS 6 RECREATION COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NILLINC�S DBCLARED THE M.OTION CARRZED UNANIMOUSLY. 8. RCCEIVE OCTOBE{', 13, 1987, APPEALS CC"'"1ISSIOP! ��ItJUT�S: MOTION BY MR. BETZOLD, SECONDED BY MR. BONDOW, TO RF,CEIPE THF, OCT. 13, 1987, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THF. M.I)►'TON CARRIED UNANIMOUSLY. ADJOURP�MENT: MOTION BY MR. BETZOLD, SF.CONDED BY MR. BONDOW, TO ADJOURN THF. MF.F.TTNG. UPOPI A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THF OCT. 21, 1987, PLANNING COMMISSION MEETING ADJOURNED AT 9:15 P.M. � Respectfully submitted, � -�'.x ��-C yn e, Saba Recording Secretary `��- r � � • . �. � �-F� � //;� � ' . l.�'7'K � �� ot �, /�� 7 �U�� . • � � y�3o �� , ~ S s �' y G�. y� i�� 5` s G��v�=- �1 �.. �o� v�� -�� s , �1.! /,��L' � � / �� , .- ��e:� v/1�;. �1�� ..�..� ��i�° �/ � �9 �"��S c rv f ( 1��.� r.c.. 1 � �.. � � s �s-y � �, � I � C� '` �I �(�', �� j�, �l �- ,. /y% n� � J s s Y�3 Z. �� 7� r�� , �� . �!`��yz /�1�c.� - ,�� 5,��.-;� �� e �� f, M�, s��t 3 z �:�. � . �/� c' G s r`��? ��' f/� a i t � �� ,l�u � s93z._. %`� � 9 ��- � s� Fn'olLt� f ST Y32 �/ '! ' t k�� ' C� �r�� / C�� . �/, /� I' .' _�.r ..1 � � j �� . . � � ci�roF fRlDLEY PLANNING DIVISION MEMORANDUM NEND �: city Co�mcil NErD FROM: Jim Robinson, Planning Coordinator NEND DATE: No�venber 3, 1987 R�ARDING: Special Use Permit, SP #87-28, John Glynn • ;,� ��. ; Mr. Jdnn Glynn has made application for a special use permit to allow sales and servive o�f Fhato wp� equipnent in an S-1, Hyde Park zoning district, at 5973 - 3rd Street N.E. �e property in question is the vacated Energy Shed building. Zhere would be very little customer visits to the site and typically Mr. Glynn would have need of four or fewer garking stalls at one time. �'= «;Z�?: �:��„� �e Hyde Park zoning is an overlay zoning which was created to diange the legal non-conforming staus that some residential dwellings had in the reicjzborhood prior to the enactment o� the ordinance. 7�is case is unique because t�e Hyde Park ordinance does not have a provision for oommercial developnent, even thouc� t3�ere are at least three commercial operations in the r�eic�borhood. In the past, the Planning Commission and City Cotu�►ci1 have used the special use permit prooess in order to allow continuation of the limited oomnercial c�erations in the area while protecting the r�eic�borhood character and interest. 73�is particular property was the subject of a special use permit for Midwest Qassified prir�ing in October of 1985. �is special use permit was granted with stipulations, however, the petitioner never took occugancy of building. Mr. Glynn's operation is of a lawer intensity use than the previously approved special use permit. �he previous petitioner required eicjlt parking stalls whereas Mr. Qynn iridicated that he will need four or fewer stalls. Due to the lesser need for parking, ooncrete curbing is not required. Im�avenents to the facade of the building and also landscaping will be required. � �J . • Planning Commission Nwsnber 3, 1987 Page 2 Because ti�e structure has been vacant for wer one year, one could propose that tfie busiress has lost its legal r�on-conforming status and should revert to single family use. However, due to the fact that the awners of the property have been attempting to cooperate with the unique status of the property (by trying to secure only o�mmercial tenants which present a very lvw profile in terms of inkensity of use, and which would be oompatible with the residential area) it has made it extremely difficult f� then to lease or sell the building. I personally have had numerous requests �rom various o�mercial operations whidl would be allowed under the o�mmercial sections of the Code but would not be desirable in this Farticvlar area. �hese requests have been disoouraged and therefore the building has stood empty. Due to the aar�er's o�ntinuing efforts to secure an acoeptab�l.e tenant as def ined by the City, we feel it would be inappropriate to designate the building as non-conforminq far neicjlborhood o�mnercial use at this time. We have spoken to t3�e City attorney regarding this matter and he is in apparent ooncurrence with t3�is determinafiion. �e Planning Commission reviewed the application on October 21, 1987 and reoommended approval of SP �87-18 with ti�e attached stipulations. �hclosed is the lease agreenent from the previous petition which provides 1,600 sq. ft. of City property for possib�le parking lat expansion. It would be advisable to lease this �operty to Mr. G1ynn r�ow so that he can glaoe his landscaping in a fashion which leaves room for the parking expansion if ryeeded. JI�R/c�n M-87-208 ' -: : �� ST I FI,IAT I OIVS 1. BUILDING FACADE IMPRONEMENTS. SUBJECT TO STAFF APPRONAL. TO BE COMPL ETEQ BY OcTO�R 31, 1988. 2, LANDSCAPE IMPROVB�IENTS, AS PER CI TY PLAN DATED OCTOBER 21, 19�7, TO BE INSTRLL.ED BY OCTOBER 31. 19�3. LOCATION OF PLANTINGS ON NORTH SUBJECT TO COUIVCIL DETERMINATION. 3, PARKINU SITUATION TO BE REVIEWED IN TWO YEARS (OR SOONER IF (�ECESSARY) TO DETERM i f�E ADEQUACY OF EX I ST I NG PARK I NG L OT . I F ADD I T I ONAL STALL S ARE REQUIRED PETITIONER WILL INSTALL EXPANDED PARKING WITH CONCRETE CURBING AS PER OCTOBER 31, 1987 DRAW I NG. CONT I NGENT UPON COUNC I L APPROVAL OF LEASE OF APPROXIMATELY 1,6�+ SO.l1ARE FEET CF LOT 29. BLOCK 1L. HYDE PARK. 4, PETITIONER AGREES THAT ANY FllfURE REUSE OF THE BUILDI NG I S SUBJECT TO FINDING. �}-iROUC�I A SPECIAI. USE PERMIT PROCESS. THAT THE REUSE WOU.D BE CaMPAT I BLE W I �1-I THE SURROUND I NG (�E I C�iBORH00D. � VIRGII G. HERRICK DAVIO P. NEWMAN JAMES E. SCHMECKPEPER HERRICK & NEWMAN, P.A. ATTORNEYS AT LAW December 16, 1985 Jim Robi�nson City of Fridley 6431 University Avenue N.F. Fridley. Minnesota 55432 RE: E. Aderian Smith Dear Jim: Sn #87-18 John Glynn 6279 UNIVERSITV AVENUE N.E. FRIDLEY. MINNESOTA 55432 571-3850 Enclosed you ��vill�find the proposed Lease which I have drafted. You will note that it will be necessary for you to incorporate the starting and ending date of the Lease. You will note that I have drafted the Lease in such a tormat that either party may terminate the Lease at the end of three years by giving the required notice. You will also note that both parties should sign the Leas° and that the signaturzs should be notarized. � DPN:JEB Enclosur�s �incer ly yours, 4! � David . ewman �� LE:ASE 'PHIS INDENTURE, Made this day of r SP # 87-18 �� 1985 by and between THE CITY OF FRIDLEY, a Municipal Corporation, Jahn Glynn � party of the first part, Lessor, and E. ADER I A N S M I T H d. b.a. MIDWES'T CLASSIFI�D, party of the second part, Lesaee, WI'PNESSETH, That the said party of the first part, in consideration of the rants and covenants, hereinafter mentioned, does hereby Demise, Lease and Let unto the said party of the second part, and the sai3 party of the second part does hereby hire and take from the said party of the first part, the following described premises, situated in the County of Anoka, and State of Minnesota, viz: The approximate North 16 feet of Lot 29, Block 12, Hyde Park, containing approximately 1,604 square feet and as more accurately described and indicated in Exhibit A. TO HAVE AND TO HOLD, The above rented premises unto the said Lessee, its heirs and assigns, for and during the full term of three (3) years from and after the day of , 1985, until the day of , 1988. This lease will automately renew for one (1) year periods unless either party provides the other written notice delivered by certified mail which notice shall be given not more than ninety (90) days before or less than ninety (60) days prior to the expiration of a lease period. Any notices required under this Lease shall be sent to each party at the following address: City of Fridley, Attention City Manager, 6431 Qniversity Avenue Northeast, Fridley, Minnesota and Lessee: E. Aderian Smith d.b.a. Midwest Classified at And the said Lessee agrees to and after and to and with the said Lessor to nay as rent for the above mentioned premises the sum of One (51.00) DOLLAR per year. The Lessee agrees and that it will be rasponsible for the construction, maintenance, and repairs to this property. Further, that upon the expiration or termination of this Lease the Lessee shall relinquish any claim or interest to any improvements which have been made to the sub- ject property. The Lessee will be responsible for all snowplowing, and agrees to include that Lease property under its general liability insurance coverage. Further, the Lessee agrees that it will indemnify and hold harmless the Lessor for any liability or damages which may be sustained on the leases premises. IN TESTIMONY WHEREOF, Both parties have hereunto set their hands and seals the day and year first above written. THE CITY OF FRIDI.EY BY: E. Aderian Smith d.b.a. Midwest Classified STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 1985, before me, a Notary Publ�ic within and for said County, personally appeared of the City of Fridley, a Municipal Corporation; and E. Aderian Smith d.b.a. Midwest Classified, to m� known to be the persons described in and who executad the foregoing instrument, and acknowledged that they executed the same as their free act and deed. 6 ,,/ . ��. � /O � . // 's.�. . /2 !s>> _ /� /� incsb� O ". ��fS� /J�Ss� v a�_ 1 � ^ ; � j ,�g' % `�, : ; � �� ,;' 2 ° ; 2:' � 2 �. z9 e.;� � v: � Z�� `, 3 �l � �' 8 �g �G � �¢ . � `�, S �;,,, "1_ 6 y�i � .�`: �'E c� - - d �� r : � '�� , % .� _ , G � lC.�1 � % �A: ` �. - � ''�.; A l. +F C - �:fiq � v � _' 1�� - ! e � 9 � � --9 -- Zz ,.� �io W 'a��' /�' �+`, W � � , i,' �`^' � ° � ._: �:' gl ,1_ 2 2 0 `�\1 �y . A� , i.? 190�= /9 �,r1 /.; � � :'Cl� '�.qi' — _ � — "� r10 % 8 �� ` !4 �� +„� � ± ,-•'- - - - q�l ° �- • i 7 ��, � 'iz9 v � v �` /6 � i s � � ��. 5'�TH AVENUE � ; i7 t. �/i 3 /� N.E. � .L . � - i>n3 � i.�?s „� , � � _��`o ',�a�� ; �5i ;� �� kl � . � � �� -� . o -�' e y �'9 '`'�1 '- ��1 ,°� <'911� ��;1�'- 'tN�29 i -` ��: Z � B � N = Z� tl -' , 0 , �z 8- - `` �' 4 x. N �' 7 �f � 27 �1`� (�3) ¢ �� iir� � 7 � � 5 ? , 5 h�� N� :'� l�C� ---��----� M' 26 E� �'� � 5 � ' 6 25 !s�� 6 25 7 24 � t��' = 24 t�,) 7��y,: ,�,•��Z� 4 f1 �-�1 : "6' � ,' f� �l � = ly�>23 8 � FH� � '- 9 ,�;��2 9 lh'� � `G� v `� � �?/, l�� ,�o �� z� �� /O � (�) Z/ ___1 �o ,�� Zo �� /��// � W)Z� �� „i2 /9 y�l ; ? �el : : /9 l�'i V,�)/Z � /9 /3 � � /B �� /3 /B �l /.3 : (�iB 3' i�� : i� �� 4'��: : i� �)/� : � / �' g a /6 / � � /6 bti / + Y (�/ 58TH AVENUE ��`� - --twE.� ' t I � �— `, iln.if /J4 ^ / !S . � � � 1 � ;�O \�� F � (ly)/C _ �_ � � � � /O �� SP # 8�-�8 9 V John Glynn � o i �� , -� ; .; 2 , -a �.o . � � ,k r—=—�- B � i �,�1� � �G� � � ��a �Ii 1' �i� �L � /3 '. �, /Q � � '. ,. ; -�-- �� L ��. � ,�'3 � � . `i �/ � ; <,• `� >c c+ � ` � F ', Nb'Jf , Jf a i='/ i ��1," ; LOCATION MAP SP #$�-�$ 9 W Jdzn Glynn Office/Service 60th and University Avenue N.E. Fridley, Minnesota For details call Gerry Messler (612) 341-4444 • 2,400 square feet • University signage • Near I-694 • New insulation � New exterior • $79,900 All information furnished to The Towle Real Estate Co. and/or The Towle Company is hom sources judged to be reliable, however, no warranty or representation is made as to its accuracy or completeness. Property is subject to price change, prior sale or lease and withdrawal from market, all without notice. � � 9X , SP 4�87-18 John Glynn � ; vl . J: ; i`�, � � � IZ �-- ; <:; �� i� �� '9 f c► �°_, � �� Q �, G� a� 6 �f- -� G �' � � � u � ► �h , � �_� � ��' b N�J v f'' -� �� . I i� � ;�1 �u� ; SP �8�-�8 9 Y .Jahn Glynn 129.0� � _ -- — ��, % � /, i� � � � � � �/� �/i -i i �� •%� � � � '' 1 � p / , � ,�' � -- � � � \ i i �i o ;: , , LOT 2� ; i-- �, o x�sT�n4 6ui�.cin� , ;1� � _3"�. .f- � �-. , � ,i , ci� � � , � -�'crit��= ¢�;.,�, .,; � , �.t ✓_: I -_._ _ ._- ----- - ' _ � _ - , i0 � O ` b O ,. � . . �:�� Sr';Q:� o� �°�. 3"�•/• _ o ry • I1 � LOT 2a `,�' -� `�'x"�'Y'�-�--� � a) ?� , 2v � - � _ �r'.�, �Y4�. h � �. s � -- � - - ^ - -- �' O. �... - - � � _,,, �� , i .., �. v � '�� . i �� f� - _�- r1.1�=-,.� � , �_ -;-�- � �� 1 � ` i i- t_/ ��-�� i `�� G� �-- � � , � . �'E.�t-: - - � � _ - - - � _ � -- � � APPoX. �604 � ' i � � ' . i ..�- -� � / o. ; �.0 � :. / � I / � i � � �. - -- - - - -. ..._ ^. _._. �. / _. � __ _. _. .--• r-� - - - - � I � � I I � 1 � � i I � � ��-r i� • � I �_�, i S�� I I I � I �--- -- --- - - - - - - - __. _ ._. _ ._ .___ ___. � _. `. -. r..._. i - i ' �IDWEST GL,qS51FIED PIDT PIAN pRAWW BY. � RETTE1t�tN ��/ �Z/ / � `� PlORTH I � _� ,, �a 9 , _ I\� C ,�Losj.i ., 3; .� 33 3` �� 3. � �� V � , � y � Y O {� ' �, 1 i � � ?j i� ,:�FI o �9 . f�, �a. ; i .y �1q!.i-" ` ",0 • '� , � _ �: , � P,�pN 1 � � ;, ,; - _ b B? 1 � ,'� a' ° (- �, � �> i- i _ ��.� � �^, y ' '� 1 •��Vd N ' �� rr'� ° . - � Ny I� � _ � �' /i /S � �, r8 � , � �, , D�',� 5:` 4 W. `' ELy '`, � s 5 � � � � �i L .u.; ;a �� '� p,9 � � ��^_ �4� ' �1,� 1 tn � � ��8 � � 1 �' ' b� E �' ' � �� 1, !, _� ,, � �e ✓� 5� .. _� �' 1 ��: t' �i � � � ' +\ //�% Q� . ,, \ :, . � � �., � � \ � �s� SP #87-19 Ro�ert Kudla :� s�� a 3 sb3 y�� ,� ., �R�E-� � , �c � 1 ��l S � � i�1C�i I U� r ��. LOCATION MAF 9Z 1 0 0 �,._ r ` i `� � �r � '/ ` ' ' _/�, ` � �i , J ' / ' �� /��' . /�N� / \ � zoNr ovEtzL�cy GRP-2_�- '", �1D� Ya,RD SET�AE:�G� �; R�RY,c�RD �►CK : 5 F RQNT D�T�A CK :$ I� n,�;iaWC.E �RlJM NOV.SE : �5' �.. SP #87-19 Rnbert Kudla - ._.._ f. �!: \ F�ev E�ris�; gZZ.Oq RfPD• E/cy 02`�.$� � - � -' �' �� -�,�, a�• � �� . , I � S ITE PLA N • . , SP �T-19 , C,1:,�: � ,1 � STIPU.ATIaVS l. PROPOSED GARAC� SHALL BE FIf�NLY ANCHORED TO PREVENT FL(aATATION. 2. PROPOSED GARAGE SHALL BE FLOOD—PROOFED IN ACCORDANCE WITH THE STATE BUILDING CODE. 3, A HARD SURFACE DR I VEbJAY SHALL BE I NSTALLED W I TH I N ONE YEAR OF BU I LD I NG PERM I T AllTHOR I ZAT I ON, 4, FACADE C� GARAGE TO BE COMPATiBLE Wi7H NOUSE, . - , . �_ . ZOA 4�87-04 � � � James lienson �--------- - --- - -- _ _ __ - -- - ---- --- - -- -- . - ------ � --r� 2� . �: t N/ 4 r'-�-:�f . ' SE • �• � ��o.�� ;��° - �rs�o,�o TTY ��TI�i11TS � � .: �ao_ _ �'— --LOO� ,�. �'� T � EYO.LO _ � _ _ �o��: I * '' ?S Sheimon � � �'. .- , � e, � ests' � � Coio/L Ho�son OF F R � � L E Y � R• ri. i� �o ' �, _ /.� �`� `, � /6�� ' /��' i°s.ro Q I ° ` ~ ` � ; 3 2 ° �('e� o , , ,� _: �,, . ;q DER ON " , ,� - o0 00 0 470.Y0 � � =oo � ` _ � • --- � ,� ; .. � , ' . . * ' ° �/�� - : , � 4 � 0 � ' N o �~ �z40� J � �/3) ~ � I: � 5�� 1 =�e , ,�- � . � �� ! '� � � �j�� DE VEL OP/49EN T ; L� �1 G .I�rlsF. � �` !ol �� . i .yo�6 (.wi '�� ... ,i. i70. t O ' ' � ��` b� , � �� I Ow R�a/>J'' �• �G J H' l.Ii. . � � /L 7Mf � �) i�ii'tivJ RGC/fj., !/+1c. , k � �� eJ , � � . � . � &� /s� ' • ls� � /.�ra/ � - - — �- ��o�� — � • • , ' A iiii/d E �� i� • Ta6�iirrs� . ' � �i � ; . (f1 vi ' � • �li//b.s6�'Ovim�/fi /N.0600d f H!!rliJ . r o N'soo •�s� . • _ f ? 0 � I ,, h � , \i �i 1 � a F�R ' � ` f .h _ ' � � � - . - � •) -. . . .. . . . . . . . . . -. LOCATION MAP i + ,: � �1 , � � � �� ` u � ` ' # � . � � :, r , ^ S. � ' M .,. . � '-' �! - .W !. = � � � �. �� !.-. , t�_4i .fr� `4L. --. � .,� � w�i ' � � , :�;;; Y: � t &�,� `,� i, , ' i k U i �. . � �' "�:` a'e i'a � � $ t } �: � t � ,�,. r � ;� 47 i r.+ �_ , , •. � `{ � � .�s, ,t�� 1H � �� t t" t v.\� : P ` � C f• ��• �' ' � :. ��,,+ � � �, ��. . t`-. -: f � �'.,`_�?. ;:. � ��` i ��„ � , , ;� } ;. I±- � K� � �� t �� `� � t� � �` I `+ � �a s � i � ��' � � ,l�$,,,.� ��_. �: "�i':`,` !► /R,. i�,,Ji*'• � �i�y",�j,.��, �p �„ e"4��Pf ..�• �! '�, b , • 1`'�.' } � �� I t4"'L �, � Ky�..-� { " • ds t ,,,Fe r.., � s...... 4 i. tr�� ` � "``'�' � � . '� � - 1i ,r .�. � �'.�'� �'''�. r `� £ . _. �.,-»�x�� " - ��': e�l I � � � � � �� w � .-- ---.—_ _ _ � = �t .i ._ f ; ; 3 ,1`� � W ; � � � ; Q '� � I �a i�_�.�� : z � rr � �- --- � '4 � � � � �m � �� Z WO �!�- `1 � � zY �� J W 0 1 � �:� �.l W i� � 1 0 t-' o _ " ? p �._.'� w � � •� 1 m �Q i= � � _ O X � v� � i � W a f � � �.--_ `� - ---.� - ��- _ ----. t .,� . _ � . � 1—� � � '' � O � ; pC f" ,+ ' � � � f - -- � � _ � 8 � --- - j � "�' � � ' W v �� _ � . � � '-� � i � ur ,- -- -_. � � I ,,� �� p �'; �� , , ; i o� � � I , ^,,, , ,, o � ,-. �- - �� . - _.__.._1 � S'9 k M +t «o�a �r 0[-L8# At�S O�. ��. A � � aL �� -�=_ ��87-10 James Benson � � W � � � I � � � � � , � ; � ►u � : n � O � � . � �- � � � � � G � �1 � � � � �� I � � � � � � � � � -�-- � I � 9EE n V �av #s�-�o g F F James Benson �----- __. __ _--- ---- ---------- � _ � I ;� f N/ 4 ' SE .�i, � � ��o.tr , � . ;1�----- --�- , --- ,__., -- --- � �zs�o, TTY s �TI�ITTS � ,.�Zeo_ �° -_ZOO' _ F _EZO.zo_ ,,,a . , '�I Sheimann0�' p --- - - a,ee'aa�s � �s <°�� '"��n OF F R I 0 L E Y � � e �� r,.,• ;� � �� (�Z �y�� I (6 �) ` - ��. i9 20 � 1 ( . '� o ; 3 2 � I�°> ° N �, t�� A DER ON � (, - oo ZOO �o. � 4t0.2U� - ;oo � If' ' , � � I , r �8a� . i � - 0 4 � � I � � 0 N n �ti �z4o� � s �l3) � - I' i � L��`\ � 2op .l ( r / � r� � � � � ,rd,�i. ! �k !�� VEL OPMEN T �- . � MG As/IEFa � ' � 30/ A<. (II/ �4� ao ,6. . 470. 2 0 � � . ��.7T �.� 7 � � r��Oi I Ou� R�a/rj� Ga�P. �G � �� Q N't.4. s /L7/Of � �w� Y �I i�%/�ow i?GQ/fy� /nC. � � � ' � I � .urs� - I ' = �� ;s` • ls� I /.zGye/ 4 a�3� �� as� % . � / � p I O li�3i�)� • • . �� Ceiv/dE � �+ •.1. To6e�r.�a� . �� I <, � (flvo) �:r��GOd;m�s, rHocood � � �+�.> � o „soo,�y) . �c� 0 N �� ,3 7 ` � ` F�R �� M e - � � � _ ., . LOCATION MAP 9 � G, .",PPEAL.`'i CO!1'!ISSI��! t!ECTItJG, OCTOBFR 13� 19E7 PRG� 4 UPON A VOICE VOTF,, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THF, MOTION CARRIED UNANIMOUSLY. 2. CO��SIDFRATIOtJ OF A VARIRPJCE R�QU�ST, VA!? #87-34, 6� SHIRLEY SF�!ERSC�:, !�URSUAPIT TO CHAPTC�: 205.O�.Q3� D, 2d,�THF. FRIDLEY CITY CCD� T-!! R��!!C� HC SIDE YRRD S-TE!ICY. R�'' 10 FEE TO 5 FEF TO LL04! H� Ot,S: RUC I�"' OF A�JDITI(!P!AL LI!�:P!G SP/10E ABOVE THF f_Y,ISTI�IG G/1RAGE 0.". LOT 3, BL�C!: 1, td!',LT HAR(',IE!? FI!'.ST ADOITIOP�, THC �11,'�C E�It;G 64^0 P.I��!""I�IEI•J T�RRACE N.�., Ff'.I�L�", �1I�JPJESOTA, 55 32. MOTION BY MR. BARNA, SECONDED BY DR. VOS, TO OPEN TKE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYF., CHAIRPERSON BcTZOLD DECLARF•D THF. Pi1BLIC HEARING OPEN AT 7:45 P.M. Chairperson Betzold read the Administrative Staff Report: AD�IIPJISTRATI��C STAFF R�PORT 64�0 P.IVCRVI�I�! TERRACE �1.E. l'AP, #87-34 A. PUELIC PUP,POSE SFP,VEO QY REQ!'IP,E"E�IT: Section 205.Q7.�3, D, 2a, requires a r�ininur� side yard depth of 1� feet between any living area and side property lines. Public purpose served by this requirement is to maintain a miniMUm of 20 feet between living areas in adjacent structures an�i 1� feet between garages and living areas in adjacent structures to reduce exposure ±o conflagration of fire. :t is also to allow for aesthetically pleasing open areas around residential structures. B. STATED I�ARCSHIP: "Cccupancy of house to increase due to far�ily members moving in." C. ADtiIP�ISTRATIVE STAFF RE!►ICL•!: The petitioner wants to build living space area above the existing attached garage, which is 5 feet from the south property line. The house to the south is in front of the existing garage. The proposed room would have a bay window in it. The building code restricts the use,of windows to a minimum of 3 feet from a property line. Therefore, if the variance is approved, the maximum projection of the window would be 2 feet. - The deck along the back of the room should not project south of the wall of the existing garage. 9HH APPEALS CO;t"":ISSIOlI t1EETI!!�, OCTOB�R 13, 1987 PAGC 5 "ts. Car�pbell stated that, as stated in the �taff ('.eport, the two issues of concern to Staff were the fact that the bay r�indow couid not project� more than 2 feet and that the deck along the back of the room should not project south of the wall of the existing garage. . �1r. Jeff Johnson stated he was represeniing Shirley Severson, who could not be at the meeting, and Ethel Arnold, the mother of Shirley Severson. �1s. Severson and �1s. Arnold are co-owners of the property; however, �1s. Severson is the owner occupant of the property. �1r. Johnson stated the request for the bay window has been dropped so there will be no overhang of the window on the south side of the bui�ding. �1r. Johnson stated that regarding the decE; not projecting south of the wall of the existing garage, there was a stairway cor�ing do�vn and that was why the extension appeared the way it did. He stated the house and the garage do not run parallel with the lot line, In talking with the builder, that was the preferred location for the stairway; however, he felt that could be reworked to have the stairway access the backyard and sideyard. They had no problem with S�aff's recor�mendation regarding the deck. �1r. Qetzold stated he did not know the layout of the inside of the hous�, but he wondered if there was any other way additional living space cou'a be added without the need for a variance. �1r. Doug Siverhus stated he was the conti�actor for Shirley Severson. He stated the house was an older home, and the living quarters were quite small. There was really no other space to expand except to go up on top of the garage. The way the house was laid out, it would be too costly to expand to the east toward the front of the house because the house and the yard would have to be co�pletely reworked. �r. !�os asked how high the structure would be from ground to peak. t1r. Siverhus stated it would be approximately 17 feet. r1r. Johnson stated this was not a normal dormer. The garage slopes from the front all the way to the rear, so the impact as far as height was scnewhat diminished with respect to the existing structure because it was a higher roof line that was normally expected for a garage. In addition, t1s. Severson has talked to the property. owner to the south, 648'L Riverview Terrace, owned by Carol Dulany, and the property owner to the north, 6492 P.iverview 7errace, owned by Denise Smith. Both owners have stated they have no objection to the variance. MOTION BY MR. BARNA, SECQNDED BY MS. SAVAGE, TO RF,CEIVE INTO THf.' RF.'CORD LETTERS FROM CAROL DULANY AND DENISE SMITH STATING THEY HAVE NO OBJEC- TION TO TKE VARIANCE REQUESTED BY MS. SEVERSON. AP�EALS C0�1P1ISSIOP� r1EETING, OCTOBER 13, 1981 PAGC 6 UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIlNOUSLY. Ns. Savage asked �1r. Johnson to address the hardship, . '!r. Johnson 5�tated the hardship was there was an immediate need by "1s. Severson to expand her living conditions. Additional faMily was moving froM California to live with her. Dr, l►os stated the only thing that would be close to the neighbor to the south would be the deck. The house itself was set at least 10-12 feet ahead of that. There were no coru�on lines unless they went at an angle. '1r. Qarna asked how many square foot of living space was in the house right now. �1r. Siverhus stated there was 780 sq, ft, of living space and two bedrooms. MOTION BY DR. VOS, SECONDED BY MS. SAVAGE, TO CIASE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARF,D TXF. PUBLIC XEARING CLOSF•D AT 8:05 P.M. �1r. Qarna stated he was having a little problem with the hardship, f)ne adult living in a two bedroom house with 780 sq. ft, of living space, with another adult relative and possibly more moving in was an ambiguous hardship. It was already a two bedroom house, and he could not find any hardship that would justify a variance at this point. Dr. ��os stated they have received letters that there are no objections from the neighbors to the north and south. !'s a point of interest, the house to the south was for sale. In looY,ing at the proposed deck, he would not be confortable having a 17 ft. structure about 9-1!? feet away fro� the property to the south. P1s. Savage stated she had sone of the same concerns as those expressed by t1r. 6arna and Dr. Vos. This area of P.iverview Terrace �vas kind of a crowded area to begin with, and she felt it r�ould crowd the area r�ore by adding living space. She could certainly understand t�e need for additional space, but would have to agree that there was not a valid hard,�hip. �1r. Betzold stated that since he and Nr. Johnson had gone to law school together, he did not think it would be fair for him to vote on this issue. 9 I.i 9JJ APPEALS COt1h1ISSI0t� 110ETI�lG, OCTC�BEF; 13, 1987 PA�E 7 MOTION BY MR. BARNA, SF•CONDED BY MS. SAVAGE, TO RECOMMEND TO CTTY COUNCIL DENIAL OF VARIANCE REQUEST� VAR #87-34, BY SHIRLEY SEVERSON, PCIRSUANT TO CHAPTER 205.07.03, D, 2a, OF TXE FRIDLEY.CITY CODE TO REDUCE TXF. SIDE YARD SETBACK FROM 10 FEET TO 5 FEET TO ALLUFI THE CONS�'Ri1CTION OF ADDITIOIVAL LIVZNG SPACE ABOVE THE EXISTING GARAGE ON LOT 3� BLOCK 1, WALT HARRIER FIRST ADDITION, THE SAMF, BEINC 6490 RNERVIEW TERRACE N.F.., FRIDLEY, MINNESOTA, 55432, DUE TO THE LACK OF A VIABLE HARDSHIP. UPON A VOICE VOTE, BARNA, 5AVAGF,, VOS VOTING AYE, BETZOLD ABSTAINING, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY A VOTE OF 3-1. "1r. Qetzold stated this iter� would go to City Council on "lovember 9. 3. CO�JSIDCRATIO�J OF VAP,III��CE P.�QUCS'S, VAP, #87-35, B� Pl!BLI� STORA(;�, It!C. , PURSUI�"! 0 HAPT�R 20 .,03, D, c, 0 1� RIDL � T CO�� 0 R�0 �._ � s. T�; c. nF r, rr�ouSTRIAL El!I�[IING FP.Ot� ,� � Bec!c!D E:Y LI�I� o� I� t/1J��\�V� i��V v �F 0 H� !!0;? f�; L�Y CITY CODE TO STORAGF SE ROt1 t1AP�T TO CFI PTER 2 HAF;D SURFACC SETB UANT TO CHAPTCR 2 4JIOTH OF THE SCRE R DIS�P,ICT FRO'1 1 s � � {.1. 1 V�t � � , a c n�► �R 20 . . , ,. . , F . H.. :Y.I�;G STALL R'.:QUIREt1ENT F R ll!1R��!OUS� JIF! D 0 3 STALLS PRO�� FD; nriQ, ), N FRIDLE CIT. CODF 0 R..��!Cr �T TO 0 FEET Ot� T�IE ASi SIDi:; AND, , 0 NE RIOLEY Y CO['� TO (?fDI:CE CTWFEP! At I�l�JUST I L DIS RICT "1� .,t:� rET O�f T1�E PlOR ,S i0 �LLC!� TN� COPlSTRUC- 3, BLOCK 1, & R ADDITIQP! AN� LOT 4, � SA}1C BEIP - 65 HI�H A. 6..�., 11\lt/LLI � II11�I�1�J�/� �� MOTION BY MS. SAVAGE, SECONDED BY MR. B NA, TO OPEN THE PUALIC HF.ARING. UPON A VOICE VOTF., ALL VOTING AYE, C AIRPERSON BETZOLD DECLARED 2HF. PUBLIC HF.ARING OPEN AT 8:I0 P.M. Chairperson Betzold read the A inistrative StaFF Report: ADPII�;IST ATIVC STAFF RE!'Of',T 651 HIGHWAY 65 4'AR #87-35 A. PtlBLIC PUP,POSE S VED BY R�QL'IR!:t'rPJT: �Section 205.1 .3, D, 4c, requires that whenever any industrial district is djacent to or adjoins any other district, permitte� buildings d uses, except automobile parking and loading spaces, driveway , essential services, walks and planting spaces shall not be oser to the baundary line of any other district than 35 fe . Pu ic purpose served by this requireMent is to provide adequate en space around structures for aesthetic and developr�ent reasons. e VAR 4�87-34 9 K K Shirley Severson C/T Y OF �"R/DL EY CONDOM/N/UAI NO 8 C� -9<� � ` �� ' 1 8 , , + ,F,. I ,-� 1 QQ„ � .� . ��\. � -�-- , . � � '�� 1 ` �� .�.: � � � : � � .; :.. � ,� •\ avc . „p , - 7RA�1 ! ` � ' . 9 �5�' __ ��-�� ` � � � � -�� , ;�� j-- :� '�f-- «� �. �4 ; f��` _ ' yr �'1�' '; ' k,\ i �, l - ,i1 •',w., j % C N _ �G' r � __63-�fif�, ' (,/1) a i , 1< o, �� e� � '+'� 9 A b �► 6 3 : . ,� . � pv,� , ��, - � <<�;t� ; �_ �—� a. r p x �., �:� �N �. e v .4�,�/ .o ' � v:w : ��,,�% . ' ��- = . M � �- y'� �'...- �; . , �. 2 � Y'. , ►' 'n� - �,� `� ,�- �- "� ,•,�i - � .. ,� �'Ji .�!- a a I `�� 3 ` Q � ,�,�. ,� ,_ , . . wpY :.:� ,. ,� . ,G�) ~� _ 5 � � � _ 'y� .V�(._ �, . ,. waY .� :' .■..�� LOCATION MAP d �, 1, I� . , � � � �� ; i 1 ( j,, ,j �� i .y �, > '� ( .'.- ; � � �r � f�.- f�' ,; �� ; � ,,!� ! ? { V� r ;� 1� �r �. ' �� ' F r �� - jY => �� `1 . 1n � �, = VAR 4�87-34 Shirl� - ,,, . ,, �.�,-_�. �i �v� �� M � / ti �� N 0 / � . os 5' ��i,,ci ��a� a�a�� c�. ��cu✓�u Vh "� c �o� � , ��o�K � �� l-�L i � I�,�� R. � 5� �� !—� �) � 1�/ \` t C � � � 1 � � ' J 0 SITE PLAN 9LL 10 CITY 0� FRIDLEY CIITU .�ID��ISORY CO"�":SSIO'� "1F!:TINf=, OC''Qf�F{? 15, 1�37 Cl1LL TO ORDER: Chairperson Stouffer called the October 15, 1�87, CATV �'ldvisory Comr�ission r�eeting to order at 7:06 p.r�. 'tOLL CALL: t!enhers Present: �talph Stouffer, 8arbara }',ughes, �uane Peterson, Ed Y.aspszak (arr. 7:25 p.r�. ) ".er,�bers Absent: Burt bJeaver (!tl;ers "resent: Clyde !loravetz, City of Fridley Bi11 k�unt, Assistant to the C,ity !".anager ""ayor Ci 11 Plee Uennis Schneider, Councilperson Y.eith Cripps, Plortel Cable Bruce Thompson, P:ortel Cable �on Abrams , Attorney for P!orte' �abl e (:ary "'atz, f�erbst P� Thue (/!,ttorney for �11T�1 ,1dv. Comr�ission) Angela Forrest-Erown, P,.C.C.I�;. .APf'f:0!!/IL OF JULY 2Q, 1�187, CATV ADVISCRY C�t�"1ISSIC�! HItIUTCS: M.OTION BY l•!S. HUGHES, SECONDF•D BY MR. PETF.RSON, 7.'O APPROPF, THE JULY 20, 1987, CATV ADVISORY COM.MISSIOI'I MINUTES AS GJRITTEN. UPON A VOICE VOTE, ALL V02ING AYF., CHAIRPERSON STOUFFER DECLARED THF. MOTION CAI2RIED UNANZMOUSLY. Af'f'RC!�I�L OF AGFP�DA: MO"_'ION BY tfS. HUGHES, SF.COIVDED BY MR. PETERSOP7, TO APPROVE THE AGF,NDA 6JITH THF. ADnITION OF ITEM 3.K. RECF.IVF, WRITTEII CORRESPONDENCES AND TELF.PHONF CALLS FROM SUBSCRIBERS RF,GARDING RENEWAL. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLARED THF, MO?'ION CARRIED UNANIMOUSLY. 1. .°.C��IVE REPORTS �RO►� P;ORTrL: a. lln�ual Report dated October 1, 1987 '4r. �toravetz stated this was basically the same format used in past years. P, 2-page cover letter dated Oct. 1, 1'337, °ror� "arl: I'ammerstror� was quite self-explanatory. MO'_''ION BY MR. PETERSOII, SECONDED BY MS. HZIGHF.S, TO RECF.7.f�F, mHF. ANNU.'�L REPORT DATED OCT. I, 1987, FR013 NORTEL CA:BLE. t � � ChTV IIDVIS(!F',� C0�±�1ISSI0"! N�CTIPJG, OCTOnrn 15, 1�1F37 •".�� UPON A VOICE VOTE, ALL VOTING ��YF., CHAIRPF.RSON STOUFFER DECLARF:D THE tdOTION CARRIF.D UNANIMDUSLY. b. ?hird Quarter Franchise Fee Payment to City t1r. �1oravetz stated that as in the past, �lortel has hroken the revenues out by r�onth for Basi c, �rer�i um, Instal i�ti on, lldverti s i ng & Other, an�! Total F;evenues. This was the format basically approved by the Corunission in the past. On page 2 there was a Sc!�eciule of ^,dvertising Y� Ot�er ,",evenues which shows they have earned ?'3,G32.2� in advertising for the c�uarter. �1r. �loravetz stated his only cor�ment on this form v�as that with the nu�ber of premium services available and not being at the sane rates, it �ias hard to break down exactly how much was for N"0, Shov�time, ""ovie �hannel, Disney Channel, etc. There should be some :Nay to report these different tiers so they can look at the nur�bers and be assured the City is getting 5°S of all revenues. "1r. Abrar�s stated PJortel has installations and disconnects on a daily basi s. Di d the Comr�issi on want the fi gures an a r,►onthly, wee{:ly, or daily basis? Ne stated that if there v�as l,�nn Disney units on ';ept. 3�, for example, that did not necessarily r�ean there was going to he 1,^�0 �isney units on Sept. 29 or Oct. 1. f9r. Cripps stated they could do a�rea!:out, but revenue was revenue. '1s. I�ughes asked that if someone disconnects in the r�i�dle oF the r�onth, was part of the monthly fee rebated, "".r. Cripps stated he believed that it was. P"s. fiughes stated i� that was �he case, there v�ould be other problems in trying to track this, tJhat she hPard the Company peo�le saying was they can determine the exact amount of revenues and then 5a of that, but they are not going to be able to checl; on that without a great �!ea' of effort in terns of the nuMber of suhscribers and where exactly those nur�bers cane fror�. She v�as not sure how this cou?d come in a sir�ple report. tts. liughes stated the City has the auditing privilege and boo{: inspection privilege. Should they really mistrust the �ompany at any tir�e? Part of the reason the Commission wanted the subscriher data was just so they could see how things were going on a monthly and a yearly conparison basis and then being able to compare with the previous year. - "1r. Stouffer stated that in the Franch;se �ee Payment report, he would like to be able to see the numbers for the last eight quarters so he can coMpare, for exanple, thi rd quarter 87 with thi rd quarter f3£', "r. 1lbrams stated t!�ey might not have records prior to 11ug. 1, 1�8F, when the Ilortel syster� took over, but they ti•�i 11 gi ve the �or�mi ss ; on ►•ihatever thPy have. � : C,�TU A�V.SORY CO"'"ISS:^PI !'1��TIf'G, OCTOEER 15, 1�f37 p",r`� 3 'tayor tJee stated that in his Sept. 17 , 1�87, letter to �'on �^,brams, "r. '!atz chal l enged PJortel's bool:keepi ng practi ce that resul ted i n an underpayment on franchise fees to the City--that was that t!ortel applies the virite-otf of had debts to the gross revenue herore they calculate the franchise feP. In othc�r v�ords, the City shares in the �onpany's bad debt in the collection of the franchise fee. This resulted in an underpayr�ent to the �i�y of a coup�e of thousand dollars. P�r. Abrar�s stated he had not had a chance to exar�ine this issue. He stated other cable operators do it the same way. There is a bross subscriber billing. From tl�e gross subscriber billing, there are a certain number of tir�es, they get stuck. They have to pay their programr�ers based upon the numt�er of subscrihers they have and pay the franchise fee hased upon revenues. Ne believe�l in the progra �; i ng contract, when they get stuc4: on an !!6C subscri her, for exar�ple, they get a credit hacl; fror� f�3(! For whatever they have �o pay the su5scriher for that. Similarly they tal;e the bad debt against the gross suhscriber billing. The bad debts are handed over to a collection agency. Some r�onths the collection agency is able to receive thr_ money bacl:. That, again, becor��s gross subscriher revenues if they get haci; r�oney that v�as previously t�rritten off, and the r�oney that is tal:en to co'lect is totally the Cor�pany's expens�. !layor fJee stated i t probably cones do►vn to the de�'i ni ti on of a�hat i s gross revenue in the franchise and they do not know that now. t1r. Stouffer stated this rvas definitely sor�ething that should be looked into and discussed when they look at the nev� franchise. l'90TION BY MS. HUGHES, SECONDED BY MR. PF,TERSON, TO RECEIVE THF, TIlIRD QUARTF.R FRAP7CHISE FEF PAYMENT TO THE CITY, Al7D TO FILE FOR AN AUDIT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRF'ERSON STOUFFF.R DECLAPF•D TfIF, .MOTION CARRIRD UNANIMOUSLY. c. Policy on !Iddition !`utlets and f'hones Dated Sept, 7.2, 1�87 MOTION BY MS. HUGHF.S� SECONDED RY MR. PF,TF,RSON, TO RF,CEIVF. THF, llF.11O FROM NORTEL REGARDIIIG THE POLICY ON ADDITIONAL OU_^'LF.TS AND PHOPIFS, ?'s. I!ughes stated the Cor�pany had said that by Oct. 1, they thought they r�ight have five more phone lines in, llere those in at this time? ".r.. Cripps stated the lines are into the building, but he did not 1:now i� they had been s�•�itched over at this time. _ "1s. I�ughes stated this was a major issue in how cor�plaints are getting handled, and it was certainly one of those things that has been promised by the �ompany as a way to improve those probler�s. It would der�onstrate a tair amount of commit�ent and sincerity on the refranchising. �1r. Stouffer asl;ed Plortel to convey to Staff the status of these addi- tional outlets and phones. �oc CATU ADVISOf'.`,' C(!1"P'ISSIOf1 MEFTItlG, OCTOGER 15, l�f',' PAG'' n UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSOII S:"OUFFER DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. R�CEI�!E �(?RRCSPOf�DE�JCES: a. Recei ve Correspondence fror� Doug Bucknan dated July 24, 1'�£?' MOTION BY MP,. PETERSON, SECONDED BY MR. KASPSZAK, TO RECEI�'F. TFIF, CORRESPONDENCE FROM DOUG BUCKMAN DATED JCJLY 24, 1987. UPON A VOICF, VOTF., ALL VOTING AYE, CHAIR.PF.RSON STOUFFER DECLARFD THF, 190TION CARRIF,D UNANIMOUSLY. b. Receive Correspondence from Earbara Phelps dated �uly 21, 1�R7 MOTION BY MS. HUGFIES, SECONDF.D BY MR. PE:?'ERSON, TO RF,CF.IT�F, THE CORRESPONDENCE FROM BARBARA PHELPS DATED JULY 21, 1987. UPON A VOICE VOTE, ALL VOTING AYF., CHAIRPERSON STOUFFBR DF,CLAPF,D THF. P40TION CARF2IED UAIANIMOUSLY. ;"r. I;aspszak asked if these letters included in t"e Cor�r�ission's agenda were al so recei ved by the Ci ty Counci 1 r�Pr�hers . P"ayor tlee stated they usually do not receive this kind of inrormation. MOTION BY MR. KASPSZAK� SECONDED BY MR. PETERSON, TD FOR�ARD ALL THF, LE_'.'Z'EF�TIfE COMMISSION WAS RECEIVIPJG II1T0 '!'FiE RF.COP.D AT THZS MEETING TO THF. CITY COUNCIL MEMBERS IN ADVANCE OF THF.IP, MONDAY NIGHT PDBLIC HF,ARING. "'r. "'.oravetz stated he was un�er the impression that the City Council had been receiving the same pacl:et of infornation that the Cor�mission receives, and he would be sure they receive the sar�e infornation fror� nova on. UPON A VOICF. VOTE, ALL VOTING AYF., CNAIRPF.RSnN STO(�FFF,R DF,CLARF,D 2'HF. MOTION CARRIED UNANTMOUSLY. c. Receive Institutional Pletwork Plans "?er�o dated 'lugust 1', 1�£'7 MOTION BY MR. KASPSZAK, SECOP7DED BY MS. HUGHES, TO RECEIVE TfiF. INSTITUTIONAL NETWORK PLANS MEMO DATED AUGUST 12, 1987. UPDN A VOICE VOTE, ALL VOTINC AYF., CHAIRPF,RSON STOUFFER DF.CLARED TffF. .+fOTION CARRIED UNANIMOUSLY. d. P,eceive Interconnection with Adjacent Cahle Television Syster�s '1er�o dated August 12, 1�87 �dOTION BY MR. PF.TERSON, SF.CONDED BY MR. KASPSZAK, TO RF.CEIVE THF. MEMO DATED AUGUST 12, 1987. 10D C/1TV ADVISORY CO�1�tISSICfi t?F�TIPIG, OCTOCEt'. 15, 1�?�7 ��'�� UPON A VOICE VOTE, ALL VOTING AYF,, CHAIRPF.F.SON S20UFFER DF,CLARED THE MOTION CARRIF.D UNANIMOUSLY. e. Receive Annual Compliance �?emo dated /!ugust 13, 1�87 MOTION BY MS. HUGHES, 5ECONDED BY MR. PETF.R5nN, TO RF•CEIVE TFIF. ANNUAL COMPLIANCE RF.VIE6�T MEMO DATED AUGUST I3, .I987. CIPON A VOICE VOTE, ALL VOTING AYF., CHAIR.PFRSON STOUFFER DECLARED THE MOTION CARRIED UNANIMOL'SLY. f. Receive �'emo ^egarding Penalties (Present and Proposed) dated Aug. 13, 1987 1�!OT.IDN BY MS. HUGHES, 5ECONDED BY i�R. PETF,F.SON, TO RECEIVE THF, MF,110 REGARDTNG PENALTIES DATED AUGUST 13, I987. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRF�F,RSON STOUFFER DECLARED THF. MOTION CARRIED UNANIMOUSLY. g. Receive LTC Letter to ""r. Stouffer dated August 1', 1^87 MOTION BY MR. PETERSON, SECONDF•D BY MR. KASPSZAK, TO RF,CF,IVE THF, F.TC LETTER TO MR. STOUFFER DATED AUGUST 12, 1987. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLARED THF MOTION CARRIED UNANIMOUSLY. h. Channel Line-up Changes dated September 14, 1987 MOTION BY MS, HUGHES, SECONDED BY MR. PF.TERSON, '_"O RF.CEIVF, THF, CHANNEL LlllE-UP CHANGES DATED SEPT. I4, 1987, �1s. Ilughes asked if P;ortel had received any consumer cor�plaints hecause of the timing of channel changes and not heing abl� to r�eet the 3Q day customer notification. t1r. Abrams stated he had not !�eard of any. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFF•R DECLARF,D TFII•.' MOTION CARRIF.D UNANIMOUSLY. i. August Complaint Log dated Sept. 15, 1�87 MOTION BY MR. KASPSZAK, SECONDED BY MR. PF,TERSON, TO RECEIVE THF. AtIGUST COMPLAINT LOG DATED SEPT. 15, 1987. �1s. Hughes as{:ed if these complaint logs v�ere fairly typical of the complaints received, "tost of the complaints did not appear to be very substantive. C(�TV IIDV:SCRY COf?'1IJJIC"I '1�rTI!'!G, OCTOECR 15, 19t',7 Pl1GE 6 10E "1r. t:aspszak stated he suspected that �lortel's derinition of a complaint was different than the Commission's definition. tie would suspect that a lot of cor�plaints about service were c�ategorized as service calls. ,41so not included in the conplaint log were inquir:es H�hich could or could not be cor�plaints. "r. !:oravetz stated in the July �omplaint Log, he helieved there were 4 cor�plaints. In August there were 1?.. Tho�e were months during thP storr� outages, arid the phones could not keep track of the people calling i n, so he di d not thi nk these 1 ogs were anyY�here near ac��+r�:�te i n any sense of the definition of a conplaint. ""s. Ifughes stated she thought a complaint log shou�lc! reflect the types of things that are in the complaint log plus calls ahout things being wrong �vith the set, poor reception, etc. She would listen to argur�ents as to whether or not it was appropriate to request the service 10�, hut it was certainly a summary of the types af calls and/or the types of conplaints on a service call that might be useful information to the Comr�ission. �1r. Thompson stated that on the r�onthly report the Commission receives from 11r, Nammerstror�, there should be a sheet listing the overall total of service calls. There ��ere a5out eight different categories that were listed, and it would give an overall percentage of how many service calls versus the ar�ount of subscribers in Fridley. �1r. I:aspszak stated he did not rer�ember the Cor�mission ever receiving that se rvice call log. hr. ,hompson stated the Corunission should be receTVing it, and he 4�ou1�! r�al:e sure the Commission received it in the `uture along with the monthly report. UPON A VOIC� VOTE, ALL VOTII'1G AYE, CHAIRPF.RSOPI STOUFFER D�CLARED THF. MOTION CARRZF,D UNANIMOUSLY, j. Recei ve ETC Letters to �?ayor Slee and �'r. Stourfer dated Sept .? �, 1�R7 and Sept. 21, 1987 MOTION BY HR. PETERSON, SECOI'IDED BY MS. FIUGHES, TO RF.CF.Ii�E THF ETC LETT F.R TO t1AYOR NEE AND 61R . STDUFFER . UPON A VOICE VOTE, ALL VOTIl1G AYE, CHAIRPF.RSON STOUFFER DECLARED "_'71F. Md1'ION CARRIED UNANIMO*SLY. k. L�lritten Correspondences and Telephone Calls from Subscribers Regarding Renewal �1r, tloravetz stated that in the newsletter, people were asked to call him regarding any conments, questions, or conplaints regarding the 10F �11TV ADVISCRY CO'""".ISSIOt1 t!FC:TIP�G, OCTOEEP, 15, 1987 pAr,� 7 renewal. The nature of the calls were as follows: 1, a 15 year franchise was too long (almost unanimous) 2, services wanted - Discovery Channe? Pay per �1i ew Spanish ChannPl (large number of requests) Cine�ax 11rts � Cntertainment/flickoledeum (shared on same channel) want separate channels 3, better volume control 4, service-type related complaints '"r, ttoravetz stated that r�ost people seeaied comfortable with the picture quality repair, but this summer there were a lot of people rerrodeling their hor�es and they had called the utility companies to relocate lines. It seemed the other utilities (telephone company, electric cor�pany) coul d accor�modate these peopl e v�i thi n a day or te�o, but thP cahl e cor�pany could not be out for at least a v�eek. P1r. Ploravetz stated he had the names and addresses for some of these callers. Others desired not be be identified. °"r. Kaspszak stated he had received a couple o.` calls fror� people calling the Company asking about a disability and getting really no ansv�er. He stated it seemed to him that the people who are ans�iering the phones at the Company have not been coached properly and are not helping to get the information people are looking for. MOTION BY M.R. KASPSZAK, SECONDED BY MR. PF'"ERSON, TO RF.CENF, THF. REPORT FROM STAFF RF.�GARDING CORRESPONDEPICE AND TELF.PHOITF, CALLS RECEIi'ED REC,AFtDIPIG RENEWAL. UPON A VOICE VOTE, ALL VOTI1'lG AYE, CHAIRPFRSON STOUFFF.R DF.CLARFD THE MOTION CARRIED UNANItfOUSLY. �1r. Ploravetz stated he would put this repart on the nature of t��e conplaints, suggestions, cor�ments, requests, etc., into written form. 3. CO�ITIPJUF DISCUSSI��I P,EGAf;DIP1G !'AQL!: FRAPlCHIS� RFPJEIlAL: a. Receive Correspondence to ttr. Nammerstror� dated August 14, 1987 190TION BY ��IS. HUGXES, SECONDED BY A1P,. KASF'SZAK, TO RECEIVE THE CORRESPONDENCE TO MR. XAMMF,RSTROM DATED AUGUST 14, Z987. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLAP.ED THE MOTION CARRIED UNANIMOUSLY. �- 10 G CATI� ADVISORY COt",P1ISSI0�! "tEETItlG, OCTOEEf; 15, 1��7 P��E � b. Receive Plortel's Response to "3-a" dated ^,ugust 28, 1987 MOTIDN BY MR. PETERSON, SECONDED BY MR. KASPSZAY, TO RECF.IVE NOR2'EL'S RESPONSE. UPON A VOICE VOTE, ALL VOTIPIG AYE, CHAIRPF•.R50P7 STOIIFFER DECLARED THE MOTION CARRIF.D UNANIMOUSLY. c. Sur�mary of tJegotiations on "Core" Issues dated September 16, 1��7 MOTION BY MR. KASPSZAK� SECONDED BY MR. PETERSON� TO RE'CEIVE 2'HF. SU!'�MARY OF NEGOTIATIONS ON "CORF," ISSUF,S. UPON A VOICE VO?'E, ALL VOTING AYE, CHAIRPER50N ST.OUFFER DF.CLARF,D TFfE MOTION CARRIF,D UNANIMOUSLY. '1r. �1atz stated this sumr�ary pretty well reflected where the City and Plortel stood on these "core" issues since the last Commission meeting. This might be the basis for more discussion later. �'r. �tatz stated that i n the 1 eft hand col umn, "1r. ":oravetz and he had set forth the City F:equest and in the opposite column was PJortel's most recent proposal. In the area of /lccess Support, the Commission had requested ;150,!lQ� every five years for years 1, 5, and 10. The "Jortel proposal was �60,000 every 5 years for years 1, 5, and 1�, plus an infiation factor. P1r. P1atz stated the next major issue was channe? capacity. The Cor�mission had requested a minimum of 44� P',l�z system, and �lortel's initial response was, yes, they would build 45!l, but in further nego- tiations with them, they explained that it they are required to build 450, they would only have one vendor to go to; whereas if the City says a minir�um of 440, it opens the universe to at least two vendors and they could seek competitive bids. His recommendation t•�as to say a minimum of 440 !"Hz and provide ��ortel with some flexihility. t1r, tiatz stated that with respect to the I�JFT, the Commission had discussed a process �vhere construction vrould commence in year 8 and be fully operational 5y year �. P!ortel's proposal now is the construc- tion of a 440 "'Hz mid-split I�lCT during the tine of the rebuild of the system which will pass the five school buildings in the City, the library, and City Hall. �1n, ttoravetz stated tha± t1r, Lleaver had guestioned why Plortel was proposing a mid-split rather than a high or a low. _ P1r. Thompson stated they went with the r�id-split, figuring v�hat kinds of things Dr. Rens wanted or what kinds of uses woul�' be taking place with the INET, 10H CAiV ADVISORY CO?'�1ISSIOPI "1FFTIt'.G, OCTOfIER 15, 1��7 PAGf. 9 t•tr. ttatz stated the 1 ast gener�al area deal t wi th custor�e r practi ces that the Cor�mission had an interest in. The Company has indicated they would provide a specific telephone number with two lines for Fridley subscribers only, but it was his understanding it would apply only froro the time of the renewal to commencement of the rebuil�i. The third was complete and accurate complaint logs for Fridley subscribers. Mortel will do that, and finally, a log of telepho�e calls from Fridley subscribers shoaiing the nature of the call and the disposition. The proposal to date from P�ortel has been "no". !1s he understood it, it was hased on administrative or business concerns. P1r. Cripps stated that if the City wanted two phone lines for Fridley subscribers only after construction also, they would �o that. P1r. Stouffer stated this was sor�ething they should discuss, �aecause this was the first tine he had heard that �'.ortel was willing to have two lines before and after construction. P1r, t1atz stated that in summarizing the mer�o and report, the Conr�ission might want to consider the progress as moving closer to the Cor�mission's stated position. There has been no support in the area of access support. There has been progress in the area of channel capacity and I�JET and, to some extent, the costumer complaint concerns. The one issue that seemed to be outstanding was the level of support for local programming. ;ir. Kaspszak stated that as a member of the P:egotiating Committee, he and t1r. Peterson had had some discussions, prir�arily over the phone, vai*h Plortel, and he was satisfied with the responses at this point. If other Commission members wanted more inforr�ation, he would suggest they address their concerns to �'.r. Matz. "1r. Stouffer stated he was still concerned ahout the access support. °'s. Hughes asked P1r. Natz to outline the history regarding the access support issue. P1r. !latz stated P�ortel started Y�ith 45�,�nn in years 1, 5, and ?�, and now the proposal was for g60,000 in years 1, 5, and 10, plus the inflation factor. The $50,00(! was the minimum agreed to at the tir�e of the Y.KR transaction with Storer. The City had concerns that there would not be resources available for certain key areas, one of these being local programming, and they established that there would be a minir�um of $50,000. As he understood �lortel's response to date, the proposa? tivill meet the needs that are out there today and there is not a need for nore than �60,000 in years 1, 5, and 10. - �1r. �loravetz stated that in light of that, he would reconmend that the Cor.�mission request Ptortel to draw up a plan as to what 460,000 can d� for access in years 1, 5, and 10, as opposed to the o-150,000 the City is requesting. 101 CATV ADVISOP,Y COP'P1ISSI0�! PIEETIfJG, OCTOBFP. 15, 19$7 PA.(=F 1� t�s. Hughes stated that when the $50,000 and even the 460,000 was proposed, it basically provided for people and nothing else. People are ir�portant, but if they do not have the right kind of equipment, and if they can't get places to do things, there was not going to be any decent access. t1r. ttatz stated that to clarify Nortel's cor.►mitr�ent, to the extent they will continue to do local origination, they would also maintain the public access equipment. The Cor�pany would continue to do local origina- tion for at least the first five years, and then in year 5, the issue would be revisited. Eut,again the commitment by Plortel was that as long as thPy were in local origination, they ►vould maintain equipment. In terms of local origination, what they have talked about r��as defining local origina- tion in terms of the number of staff people and the hours of programming. Ne stated he had spoken to !ir. Abrams earlier this week,and !'r, /lbrams indicated what they would propose for thP level of programming wou�c! be 15 hours per month cor�puted on a quarterly basis. ��bove their comr�it- ment of g60,000 a�ould be the allocat�on of r�aintenance. t1r. Stouffer stated he could interpret the 15 hours per month for a quarter to r�ean that he could do 45 hours t!�e first r,►onth of a quarter, and then there was no more hours for the next 6� days. 41e did not like that interpretation. f1r. Abrans stated that with 2'-a staff people, it wnuld be alr�ost impossible to do 45 hours of original prograr�ming in one r�onth. �fe stated the way the 45 hours was arrived at v�as they looked at the programming logs last year and there are some months in which �lortel does 5-10 hours of original programr�ing and there are other r�onths in whi�h they do 18-2� hours. The chief variable seemed to be high school sports--volleyball, football, basketball, etc, Then, there was the month of llugust when there was very little going on. He stated it was John '�cf�ugh's idea to do 15 hours per month per quarter based on what they had experienced in one year's operation. "1r. Natz stated the Cor�pany had indicated they woulc! cantinue their current level oF local origination. The question then becar�e: l�Jhat is thP current level? The City suggested that the current level be defined in terms of people and hours of prograr�ming on either a weekly basis or a monthly basis or some period of time. So, it �•ias at the Ci�ty's request that Plortel was asked to define a�hat constituted the current level of local origination. P1r. Y.aspszak stated that included in the 15 hours per month were City Council meetings. The average City Council meeting runs about 4 hours. Th�re are two meetings a month. Some r�eetings were shorter and sor�e were longer, but that meant that approximately eight out of the 15 hours or a little over 50a of the hours per month were City Council mPetings. That left very little for anything else. "1r, llbrams clarified that this was a r�inir�um of 15 hours averaged over a quarter. 10J CA � V AQV I SORY CONMI SSIOt! s"EETI PlG, OCTOGER 15 , 1 n�;7 P11GE 11 t1r. Natz stated he would think that if there was an event that was in P�ortel's best �nterest to cable cast, he was sure they ��ould nat say "no" just because they already had 15 hours. t1r. Kaspszak stated there were also two School Board meetings a month, so with the City Council r�eetings, that took care of the 15 hour minimuM right there. t1r. Stouffer stated that perhaps the Company should consider, as part of the netotiations, a viable option or alternative which would be Nortel to cable cast City Council meetings, School Board meetings, plus "x" ar�ount of hours. "1r. Stouffer stated that as far as the 15 year franchise, he felt it was too long a time, especially if they are locl;ed into the kind of dollars "�ortel was proposing. t1s. Hughes stated she was not happy with the access support. That really has to be a major interest of this Commission to ma4:e sure that access support is at a reasonable level. She fplt the only real negotiating tool in the end was the length of the franchise. nf course, "lortel coulc� choose not to rerrew the franchise, and there are procedures in the current franchise and law in terms of what ends up happening to the systert and to the City, and she would like to review that so they know what that scenario is. P1r. Peterson stated he was unhappy with the way the negotiations have gone up to this point, He also r'elt 15 years was too long. t�1s. flughes stated she thought Plortel might be able to make a case that ;60,000 r�eets the current practice, not the need of local origination. She suspected that if the Company marketed local origination, gavP i�ieas to comr�unity organizations, to ath?etic groups, etc., they could generate enumerable opportunities, but it takes more than 2'-Z people to go out and inplement these kinds of things. It happened once before when the cable company hired that type of local origination person. She has seen the responses from organizations when sor�eone has come around initiating programming and it works. That was why she was very unahppy with the a50,000, because she did not see that kind of thing happening here. Mr. I;aspszak stated that in two instances where he was at a Fridley Char�ber of Comrnerce meeti ng and a Fri dl ey f',otary C1 ub meei ng, nothi ng was reproduced because the equipment bro4:e down. So, the Company could have 100 people but if the equipr�ent does not work, they have nothing. Mr. Nunt stated there seemed to be a log jam on the question of access support. This was the third meeting he has been at where Plortel was saying $60,000 and the City was saying �150,000. !ir. "�oravetz had suggested that possibly a way out of that log jam was for PJortel to spell out to the City in concrete terms just what $6(1,00� would provide in terms of equipment for local access, spread out over a 5 year period. It would give the� a little more to discuss. 10K G'�TV 11DVIS�nY COr1MISSICt� MLETIPJG, bf:TOEFR 15, 1�187 F'�.�� 1? t1ayor Plee stated it helped to keep straight that public access was not local origination, was not School, was not City, and if they put local origination and public access together, they were not talking about $6�,000, they were talking about ;�60,000, plus another $2'J0,�00 for the five years. They are talking about $60,A00 for the equipment used by public access. The City would try to fund the basic leadership out of the franchise fee as they have done in the past. All they are saying was they do not believe a60,00Q will solve the technical probiem that public access has. The City is prepared to pay for its own equipment so thPy are not saying that part of the $60,000 goes to the City, because they would rather see it committed to public access. �'s, liughes stated she did not want to see Plortel get out of local origination, and she wanted it to be funded properly because a lot of things that the public access currently feels responsible for should be done by local origination. She did not like the argur�ent that soMething can be done in public access when it was the Cor�pany's responsibility to the community, and it ought to be a good selling tool for them. 4?ayor �lee stated he agreed wi th t1s . Hughes . I f P!ortel s ai d that the capital budget of g60,00(l was comr�itted to new equipment and whatever it takes to carry on their mission to the cor�munit�� through public access, could it be done for $60,000 and still do a reasonably good job? They have heard fror� the City why it won't v�ork, and now they want to hear from PJortel why it will work. P1r. Rloravetz stated that �1r. tileaver asked him to convey his cor�ments on PJortel's proposal not to provide a log of telephone calls to Fridley subscribers showing the nature of the call and the disposition. It was t1r, bJeaver's strong feeling to oppose that. He felt the �ompany should, unc!er any circumstances, be required to provide such a log. MOTION BY MR. KASPSZAK, SE'CONDED Bl' MR. PETERSOII, TO ASK �'VORTE� TO COMF, BACK WITH A REPORT ON XOW THE CAPITAL EXPENDITURES OF $b0,�0� PIOULD BF. SPENT OVER YEARS 1, 5, AND Z0; THE REPORI' TO BE RECEIVED BY THF. COMMlSSION BY THANKSGIVING. P1r. Abrams stated that what has been left out of every Cor�mission meeting is the last half of the statement regarding renev�al of the cable operator, and that is that the applicant's proposal is reasonable in meeting the co�munity needs, given the costs of Meeting those needs. t�t 4200 sub- scribers, he did not know of any other renewal in the country that has a local origination effort of the magnitude that is being made here and separate insitutional network and �60,OOp in years 1, 5, and 10. UPON A VOICE VOTE, ALL VOTING'AYE, CAAIRPERSON STOUFFER DECLARED THE MOTION CARRIF,D IINANIMOUSLY. �1r. Cripps stated they would make every effort to have this report to the Commission by the P�ovember 19th meeting. 10L CATV ADVISORY COMP1ISSIOf1 MEETIPJG, OCTOBER 15, 1�87 PA�F. 13 MOTION BY MR. KASPSZAK, SEC0IVDED BY MR. PETERSON, TO SEND A MEMO TO THF. CITY COUNCIL FROM THE COMMISSION (FOUR OUT QF THE FIVE MEMBERS PRESENT AT THIS MEETING) STATING THAT THE COMMISSInN WAS GENF.RALLY UNCOMFORTABLE WITH A ZS YEAR FRANCHISE. TKIS MEMO TO BE INCLUDED AS PART OF THE PACKET FOR THE PUBLIC HEARING ON MONDAY� OCT. 19. ftr. Y,aspszak asked PJortel how they felt about a 10 year franchise. Mr. Cripps stated the normal term is 15-20 years. 41hen they talk about a 10 year franchise, then they have to look at the whole package as ta what funding goes ti•�here. He felt the Company was a± least willing to discuss a 10 year franchise. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLARED °_'HF, MOTION CARRIED UNANIMOUSLY. " d. Receive Letters of Comments/Compllints Regarding Renewal MOTION BY MR. PETERSON, SECOPIDED BY MR. KASPSZAK, TD RECENE LETTERS FROM SUSAN GONSALVES, KAREN & BYRON TESKA DATED SF.PT. 23, 1987, MAX & NOBUYO MALONEY DATED SEPT. 23, 1987, AND GLENN SAMPSON DATF,D SEPT. 22, 1987, Ns. Hughes stated they should give particular note to the Gonsalves letter because of the number of calls Staff received regarding the Spanish network. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLARED THF, MOTION CARRIED UNANIMOUSLY. e. Gary Natz' Letter to Ron Abrams dated Sept. 17, 1�87 MOTION BY MS. HUGHES, SECONDED BY MR. KA.SPSZAK, TO RF,CEIVE THE LETTER FROM GARY MATZ TO RON ABRAMS DATED SEPT. 17, 1987. P1s. Hughes stated she thought this was a serious issue raised in the letter about the revenue and how the bad debts are handled. P1r, flatz stated he had not had a chance to visit with �1r. Abrams on the franchise fee issue. He would suggest the Commission consider this information and let he and Staff visit with �Jortel about it. t1s. Hughes stated they should remember the comment made by �±ayor Nee e�rlier that it night be a matter of definition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DF,CLARED THE MOTION CARRIED UNANIMOUSLY. 10M CAT�! ADVISORY COt±MISSIOP� �1EETIPJG, OCTOEER 15, 1987 PAGC 14 f. Plortel Letter to Dr. Rens, Supt, of Fridley Schools, dated Sept. 24, 1987 MOTION BY MR. KASPSZAK, SECONDED BY MS. HUGKES, TD RF.CEIVE THE LF.PTER TO DR. RENS FROM NORTEL DATED SEPT, 24, I987. P1r. Y.aspszak stated he felt it was unfortunate at this tir�e that the school system in Fridley is in turmoil. They seem to be getting mixed signals, at least he was on the school system, from �on "ieyers, Principal of Fridley High School,and �r. P,ens, to the �chool Board r�er�bers, He stated he had read this letter several times and he had not talked to Dr. Rens, but the general tone of the letter seemed very negative, tie thought the whole thing had been resolved and was going to be part of the ordinance, but no4� after discussing with memhers of other conmissions and a personal remark to Gary �tatz from Jim Frickson, if and a�hen PJortel wishes to hook up with the other systems, there will be no probler�s and there is no legal reason why it cannot be done. Yet this correspondence seemed to be very negative that this would not happen. UPON A VOICF. VOTE, ALL VOTING AYE, CHAIRl?FRSON STFOUFFER DF.CLARF.D THE MOTION CARRTED UNANIMOUSLY. 4. ;'.EPOP,T ON FURTHCR NfGOTIATIOPI DE!�ELOPP1CPJTS, :[f" A"JY: �1r, tlatz stated there was nothing else to report other than ti•rhat was already discussed. Nortel has a proposal for a franchise renewal with the City, and the present franchise expires on Dec. 23, 1�87. The City has the option of either renewing the franchise on mutually acceptable terr,�s and conditions or denying the franchise and proceeding through the process that is requireci. t1s. Hughes stated she would like a copy of the new Cable Act that outlined the procedures they would have to go through. 5. COPJFIP.t! "JCYT �1EETING DATE: PJext meeting date: Thursday, P?ov. 1�, 1�87, at 7:00 p.m. ADJOUf',P�P�ENT : M.0?'ID"J BY MR. KASPSZAK, SECONDED BY MR. PF.TERSON, TO ADJOURN THE MF,F,TINC. UPON A VOICE VOTE, ALL VOTING AYF., CHAIRPERSON STOUFFER DECLARED THE OCT. 15, I987, CATV ADVISORY COMMI5SION MEETING ADJOURP7ED AT 9:10 P.M. Resg,ectful�ly sub 'tted, % � � Lyn � Saba Recording Secretary � I'LANNING DIVISION - 11 � MEMORANDUIVI cinroF FRIDLEY MEMO T0: Jock Robertson, Community Development Director MEMO FROM: Myra Wicklacz, Planning Assistant�� MEMO DATE: No�ember 2, 1987 REGARDING: SORT Drop-Off Recycling Site On October, 1987 Mr. Steve Barnhart of Universal Can, Inc. (U-CAN) notified me that he would be selling his company, U-CAN, to another recycling company, named Minnesota Soft Drink Recycle, Inc. or MSD. Mr. Barnhart has decided to sell his business so that he may pursue his first career, that being an organist and a pipe organ salesperson for the upper Midwest area. , I have attached a letter from Mr. Barnhart and three documents pertaining to the transfer of the business from U-CAN to MSD. MSD has agreed to take over the current SORT lease agreement as it is. Perhaps after meeting with MSD we will come to an agreement to alter/improve the lease agreement conditions to add additional requirements and improvements to the site. This alteration, however, will not be made for at least two months, at which time the lease agreement renewal date of January 9, 1988 will be due. At this time, it would be appropriate for the City Council to make a motion to accept MSD as the new "manager" of the SORT site under the conditions of the present lease agreement. MW/dm M-87-217 r. _ _ _ 11A Lir.�versal �ar. ?r.c. 22D tirest 79tr Gtreet Bloomin�tor., Minr.esota 551�20 October 26, 1987 The City of Fridley bl�31 University Ave. P? E . F'ridley, Mir.nesota 55u32 Attention: Corrmiunity Development, I�yx�a Gibson k'icklac� Dear N�S'a� TY:is letter kill serve to confirm our conversat;^rs of the past several days. Eecause of numerous conflicts in the division of my �usiness efforts ? have decided to sell the operations of Ur.iversal Can to Minnesota Soft Drin� necycle Inc, I elected to approach tris fine or�ani2atior to take over because thev �re lon� on experience ir. tris field� have excellent mana�ement and staff, and have a reputatior. of inovations ana lor.� term growtY:. You will find them most cooperative. I have been pleased �ith the growir.g success tha.t we are experier_cing at U-i:an/SORT. The public is responding to the service. It has taken some hard work and many d3fferent promotional ideas. Most importantly I �aant to express my thanks to you and to all the other personnel of the City who have helned in so man y ways. This has been an unique cooper?tive effort. M,Sll Recycle Inc., in assuming the operations of Universal ;:an, will take the assignment of the lease agreement with The City o� rridley. I have enclose@ the �'triple documents" related to this assignment. �hibit "A"� of course� refers to the lease itself. I have ir.cluded the entire package so that you can see �rat the other parties a�ree to. Tr'e need to complete these transactions so that the change in ownership can be accomplished. Eest wishes for cor.tinuing success in the development of the U-�an/SCC�T program anri to future recyclin� servisea. c:ordiall�i__- �.. _ .`� .�1 � C�" �. Stephen �arnhart President� Universal Can Inc. _ 11B ASSIGNMENT OF REAL ESTATE LEASE UNIVERSAL CAN, INC., a Minnesota corporation, d/b/a U- CAN/SORT (herein called "Assignor"), for and in consideratior. of the sum of ONE DOLLAR and other good and valuable consideration paid by MINNESOTA SOFT DRINK RECYCLE, INC., a Minnesota corporat- ion (herein called "Assignee"), the receipt of which is hereby acknowledge�, hereby c�oes GRANT, CONVEY, SELL, ASSIGr, TRAI��SFEP. AND SET-OVER to Assignee effective November 1, 1987, all of Assignor's right, title and interest in and to that certain lease agreement dated the 5th day of November, 1986, by and between the CITY OF FRIDLEY, therein callecl City, and Assignor, therein called U-CAN/SORT, relat`ing to certain premises located in Fri�ley, Minnesota and more particularly described in said lease, a cogy of which is attached hereto as Exhibit "A" and made a part hereof. This Assignment shall inure to the benefit of and bind Assignee, its successors and assigns during all the remainCer of the term of said lease, effective as of the date hereof. IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed by its duly authorized officer on this, the day of , 1987. UNIVERSAL CAN, INC. By Its President - Subscribed and sworn to before me this day of , 1987. Notary Public 11C ASSUMFTION OF LEASE (Dated November 5, 1986 by and between City of Fridley and Universal Can, Inc.) MINNESOTA SOFT DRINK RECYCLE, INC., a Minnesota corporation (herein called "Assignee"), by accepting the attached Assignment of lease, covenants and agrees to pay the rent and perform all other terms, conclitions, and obligations under said lease to be performed by UNIVERSAL CA1�, INC. (herein called "Assignee") and relating to the period after the date hereof, and Assignee agrees to indemnify and save harmless Assignor and Stephen P. Barnhart from and against any failure to so pay an� perform. Assignee does hereby accept the foregoing Assignment effective November 1, 1987, and agrees to the terms thereof. IN WITNESS WHEREOF, Assignee has caused this Assumption to be executec3 by its duly authorized officers on this, the day of , 1987. ATTEST: Its Secretary � MINNESOTA SOFT DRINK RECYCLE, INC. By Its President Subscribed and sworn to before me this day of , 1987. Notary Public CONSENT TO ASSIGNMENT CITY OF FRIDLEY (herein called "Lessor") hereby consents to the foregoing assignment of the lease attached hereto as Exhibit A and agrees with Assignee to be bound by the terms of the lease in all respects as if Assignee were originally named in the lease as a party thereto in place of Assignor. In considera- tion of the assumption by Assignee of all of the terms, covenants, and conditions of said lease, Lessor does hereby release UNIVERSAL CAN, INC. from any and all further liability thereunder accruing after October 31, 1987. Lessor further certifies to Assignee that the lease is in full force and effect, in accordance with its terms expiring on November 1, 1988, without default or breach, to the best of Lessor's knowledge and belief, in any term thereof and that in no event has Lessor given notice to Assignor of any alleged �3efault or breach. Lessor's consent to the foregoing Assignment shall not be deemed to be consent to any subsequent assignment of the lease. DATED the day of , 1987. CITv OF FRIDLEY ATTEST: By ts hiayor Subscribed and sworn tv before me this day of , 1987. Its City Manager Notary Public 11D • :�.- • � c� . 12 A R�N A�IZ Il� Q�1i+�F5 7N �PRIAT�kS l�t 7� GF�lII2AI. FOBID RESDLTII� FROM THE IMPLEMENTATION OF A Q�SSIFIC�TmN A2ID �PL'i�iSAT�II A�AN P(�IZ CITY SKPIA��S wEiEREAS, the Minnesota Pay Equity Act of 1984 requires every political subdivision to establish "equitable compensation relationships" among its employees; and WHIIZEAS, on July 20, 1987, the City Council of the City of Fridley passed and adopted Resolution No. 59-1987 ap�rovir.g a Classification and Compensation Plan for City Fmployees; and WHE�tEAS, in the above mentioned resolution the City Council authorized the City Mar,ager to expend f�ds necessary to implement the Classification and Compensation Plan for City E7nnp].oyees effective October 1, 1987; and WHII�EAS, total salary adjustments in acoordance with the Plan will amount to $14,067.00 for the last three months of 1987; NOPl, ZfiEREF�?RE, BE IT RF�OLVED BY THE CITY COUNCIL OF THE CITY OF FR.IDLEY, NiINNESOTA, that funas in the amount of $14,067.00 be reallocated from the General Fund E�nergency Reserve to be used for the implementation of salary adjustments for employees of the City of Fridley in accordance with the Classification and Compensation Plan for City F�nployees. PASSED AND ADOI�ED BY TFiE CITY QOUNCIL OF THE CITY OF FRII�,EY TfiIS I�AY OF , 1987. ATTEST : SHIRLEY A. HFI�PALA� QTY CLIIZK 3/7/3/11 WILL IAM J. NEE - P9AYOR m MEMORANDUM ��ctos�r� � �' UTYOF FRIDi-EY OFFICE OF THE CITY MANAGER � CIVIC CEMTER• 6431 UNIVERSITY AVE.N.E. NASIM M. OURESHI FRIDLE1f. MINNESOTA 66432 • pHONE(A1�Ib71-'460 IYEMO T0: THE HONORABLE MAYOR AND CITY COUNCIL FROM: NASIM M. QURESHI, CITY MANAGER SUBJECT: CLASSIFICATION AND COMPENSATION PLAN FOR , , CITY EMPLOYEFS DATE: OCTOBER 3�, 1987 On July 20, 1987 the City Council passed a resolution authoriz ing the attached classification and compensation plan for City employees effective October 1, 1987• I want to revieW the proposed procedure for implementing this plan prior to formal action by the City Council. CLASS IFICATION 1. The Metro Area Management Association engaged Control Data Business Advisors to conduct a classification study. Eventually this study included some 160 different cities and jurisdictions involving about 7�000 employees. Employees completed a questionnaire Whieh listed the various tasks in their positions. Ttiis resulted in a time-spent profile (TSP) Which listed all the tasks each employee actually performed and the percentage of time spent on each task. Teams of evaluators evaluated each task from a number of different perspectives and through a computer procedure a caleulated value was given to each individual task. The value of any given position is the time-Weighted average of the value of all the tasks performed in that position. 2. During the course of the study condueted by Control Data Business Advisors, 29 positions were identified Which Were common to most of the jurisdictions involved in tt�e study. These were positions such as City Manager, Finance Director, Patro� Sergeant, Departmental Secretary, etc. Some of these benehmark positions such as Electrical Line Person, Public Health Nurse, or Sranch Librarian xere not appropriate to the positions in the City of Fridley. 3, In all, Ke identified 19 pQSitions as appropriate benchmark positions. We then compared the actual point totals of the Fridley employees who xcupied benehmark positions with the point totals assigned to the respective benchmark positions in the study. We found that the values of our employees average a little more than �I points higher than the totals for the benchmark positions in the study. As a result, those 19 positions Were given the point value of the benchmark position established by the study plus 4 points in order to bring them more into line With the point totals of other employees in the City of Fridley's portion of the, study.� �. One other adjustment Was made to the point totals for positions which required rotating shifts. Eaeh of these positions Was given one additional point. Tliese positions ineluded Patrol Officer, Corporal� Sergeant, Offfce Assistant, Sr. Office Assistant, Office Supervisor, Firefighter, and Fire Captain. 5. After an appeals procedure and a final reviea of certain other time-spent profiles a final hierarchy has been constructed. This hierarchy is arranged into 5 point grades or ranges such as �FO to u�l, �5 to �9, 50 to 5u, eta. 12B CLASSIFICATION AND COMPENSATION PLAN FOR CITY EMPLOYEES PAGE 2 COMPENLS ATION 1. 7.he compensation portion of the City's study does not include those employees who are members oP a bargaining unit which is subject to the compulsory arbitration provisions of the Minnesota Public Employees Labor Relationa Aet. The reason is that an amendment to the Comparable Worth Law in 1986 effeetively gave the ultimate determination of salaries to an arbitrator. If these employees were left in the compensation portion of the plan there would be a tendency to ratchet all salaries upward. As a result, the following five positions are not included in the compensation portion oP the plan: � Firefighter, Fire Captain, Patrol Officer, Corporal, and Investigator. 2. For every other postion we determined what we ealled the maximum earning potential. This represents the maximum amount a person could earn in a given position under our current compensation plan. A. For non-exempt employees the maximum earning potential takes into account salary ranges, longevity, overtime, pay for working out of classification, stand-by pay, and an allo- cation of $175.00 per month for life insurance and health insurance premiums. B. Since exempt employees currently have no salary ranges we examined the graded employees and found that on the average, their current salaries were about 10.6� below the top of their respective ranges. To determine the maximum earning potential for exempt empl oyees we added 5� to the sal ary in a given position after 30 months' employment in lieu of a range plus an allocation $175 .00 per month for 1 ife and heal th insuranee premiums. 3. The ma�cimwn earning potential for each position was graphed against the point total for each position using standard statistical procedures resulting in an a11-employee trend line called the 100 percent line. Sinee exempt employees do not qualif`y for overtime, their positions were raised by 5� above the trend line for all employees. This became their 100� line. Sinee there is a certain variability in this statistical procedure, the trend line for each group was raised by an additional 10$ resulting in what is called the 110� line. U.'Ihese 110� trend lines were then reduced by $175 .00 ( the amount all ocated for life and health insurance premiums) to dete"rmine the 110$ line for purposes of calculating monthly salaries. The resulting 110K lines represent the top of the various salary grades and ranges. The base of each grade and range is 80� of the basic trend line. In other words, the salary grade or range for eaeh position extends from 80$ of what would have been the average high point prior to the study to 1104 of the average high point prior to the study. 5. Ttie mi.nimum rate of compensation for each position is determined as follaWS: A. Empl oyed less th an six month s: Base of range ( 80� of Sal ary trend line of maximum earning potential) B. Employed more than six months but less than 18 months: Base + 5� C. Employed more than 18 months but less than 30 months: Base + 10K D. Employed more than 30 months: Base + 15� CLASSIFICATION AND COMPENSATION PLAN FOR GITY EMPLOYEES P�� 3 6. Compensation of an individual employee above the minimum rate of compensation will be determined by experience, performanee, market value of the position, and other relevant work-related criteria. 7. Overall adjustments in 1987 dollars will amount to $112,536.00 per year. Since initial adjustments effeetive October 1, 1987, are only one-half of the total adjustment, and sinee they go into effect for only the last three months of the year, the amount for 1987 will be 1/8 of the total or $1�1,067.00. 8. The following table illustrates the various adjustments being made: Exempt Non-Exempt TOTAL i i ii ii � ; Male ;; Female ; I Total i i ii ii � i i i i i i i i i i No. i$$/Mo.ii No. ;$$/Mo.;I No.; $$/Mo. i i i i i i i i i i � s ;s ; ";; ; : � ; ;; � �s ; : ;9 of 26 � 2,82� ;; 8 of 9� 3,�64 ;;17 of 35i 6,288 i ; s ;; : ;� ; ; ;0 of 6; 0; 119 of 21 ; 3,090 ; i t9 of 27 ; 3,090 i i i i i i i i i i ;9 of 32 ; 2,824 ;;27 of 30; 6,554 ��36 oF 62; 9,378 � i i i i i i i i i i i i i i i i i i Average Montly Adjustments: Mal e s $31 � Females $2�43 Both $261 Range of Monthly Adjustments: Males $87 - $6�►5 Females $ 3 - $951 Both $ 3 - $951 Annual adjustment in 19$'T dollars =$112,536 This represents about 2.81� of the total personnel budget for 1987 of $4,000,000. 9. The first half oP the upward salary adjustments will be made retroactive to October 1, 1987. Effective Julp 1, 1988 all employees will receive no less than the the minimum rate of compensation for their respective positions. NM�/la 13/ 22 12C 13 x�sc�cn�x No. _. — �s� A. RES�DTION AUTHORISING PREPARATION OF PLANS AND SFB�CIFICAT� I�t TRE F�AN.SION AND RF��IOVATION OF TH8 CLVIC �Tffi2 OFFI�: AI�ID PARKII� FAQLITII� WHFREAS, the existing Civic Ceriter facility is 20 years old and has never had ariy �jor renovation; and WHEREAS, the original heating, ventillation, air oonditioning equignent and the entire roof r�eed reglaoement; and WHEREAS, ti�e Fire De�rtment area is over 35 years old and requires extensive mec�anical and electrical retrofitting; and WHII2EAS, there is a growing requirement for space for civic and community activiti.es in the Civic Center; and WHIItEAS, t3�e more intensive develognent of the Fridley Plaza area has created a r�eed for additional �rking; and WHEREAS, the City Council has retained the services of the following consultants to identify the Civic Center r�eds for �e 1990's and beyond: Boarman and Associates - Ardiitects The Bottcm Line - Rewrds Retention Management Advisors� Inc. - Canputing Servioes Electronic Interio�s - Audio/Visual Requirenents; and WHF�tEF6, 1%e City has already approved a renovation and expansion of the FbliceDepartment; and WHII2EAS, the City CAUncil has budgeted and set asi3e ftmds over the last ten years for renovation and updating of equipnent; and WHFREAS, the Fridley HIZA has identified a need for a�dciitioi�al parking at the Civic Center; and WHII�EAS, the Fridley HIZA has ac�eed to participate in the ex�nsion of Civic Center par king f acil ities; and WHFRF..p6, it has been found most economical to complete both the building expansion and parking ramp oonstruction at the same time; - NQnI, �iEREFURE, BE a RESCd�VID BY �IE QTY �UNCIL OF THE CITY OF FRIDLEY, that Boarman and Associates Architects be directed to complete glans and specifications for ti�e expansion and renovation of the Civic Center off ice and parking facilities, inoorp�rating reanrds retention, telewmn�nications, a�mputer and audio/visual studies in the plan; and RES �,UTION N0. _ Page 2 BE IT FURgIIIt RFSCd,VID, that ti�e designated City and HRA monies previously set aside to ftmd this work be used for these im�cyvenents; and BE IT FURTHER RF50LVED, that Boarman Associates proceed immediately to minimize disruptions and ad�ieve the most favorable bids for the renovation of the Civic Center offioes with �arking facilities. PASSID AND ADOPI'ED BY TfiE QTY ODUNCIL OF THE CITY OF FRIDLEY TH?S __ LIAY OF �--Y.-w...r. , 1987. AZ'I'F�T: SHIRLEY A. HAAPALA - CITY Q,FRK 3/ 5/ 30/ 19 0 WII,LIAM J. NEE - I�Y�R 13A 14 RF.SCGUTION N0. _�� - 1987 R�50LUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTINY�TFS OF THE O�TS Zi3II2mF: S7REET TMP12dVEMENT PRATFCP NO. ST. 1988-2 I�nI �IIItE�RE, BE IT RFSCg.VED, by the City CoLmcil of the City of Fridley as follaws: 1. 7,hat it appears in the interests of the City and of the property awners affected that there be oonstructed certain imprwanents to-wit: Street impravenents, including grading, stabilized base, hot-mix bit�nninous mat, ooncrete curb and gutter, side�walks, water and sanitary sewer services, storm sewer system, landscaping, lic�iting, sic�als and other facilities located as fallvws: RICE (REIIC RQAD - T. H. 65 �7 (EN�2AL AVE. That the work involved in said improvanents listed above shall hereafter be desic�ated as: S�tEET IMF�Ia0VII�21'P PRQ7DC� N0. ST. 1988 - 2 2. 7hat the Public Works Director, John G. Flora, City Hall, FridlEy, Nli.nnesota, has been authorized and directed by the Fridley HI2A to retain Short-IIliatt-Hendrickson, Inc. to draw ti�e preliminary plans and specifications and to tabulate t3�e results of their estimates of the oosts of said impravenents, including every item of cost from inception to oomple�tion and all fees and expenses incurred (or to be incurred) in wnnection therewith, ar the financing thereof, and to make a preliminary report of tr�eir findings, stating therein whether said imFravenents are feasible and whether they can best be made as proposed, or in oonnection with some other impravenents (and the estimated oost as rewmnended), including also a description of �e lands or area as may reoeive benef its theref ran and as may be proposed to be assessed. 3. Zhat said prelimirr�ry rep�rt of the Public Works Director shall be furnished to the City Cot�cil. A�SSID AND ADOP1.'ED BY TFIE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _._,_� UAY OF -- , 1987. W1I,L IAM J. NEE - I�1YOR AITF.S T: , SHIRLEY A. HAAPALA - CITY Q,IItK 3/6✓5110 Engineeriny Sewer Water Parks Sireets Maintenance MEMORANDUM TO: John G. Flora, Public Works Director PW87-352 FROM: Mark L. Burch, Asst. Public Works Director DATE: November 4, 1987 SU BJECT: Resolution No. 1 for Street Irnproven�nt Project No. ST. 1988 - 2 We are preparing to improve Rice Creek Road fran Central Ave. to T.H. 65 to provide adequate roadways to service this developing area of Fridley. We have retained S.E.H., Inc. to prepare plans and specifications for the widening and channelization of Rice Creek Road and the intersections at Central Ave. and T.H. 65. In order to proceed with this project and be able to conplete construction during the 1988 construction season, r,ae are fon,varding a resolution to the City Council for consideration at their NovemUer 9, 1987 meeting to allaw the preparation of the preliminary report. If this is acceptable to the Council, we will proceed with the project. MLB/ts AttacYmients 14A • �, � i �t . / \ / � e � Ii l r: _ �.� ��-::: ! —' � �—: � . _ .-� : � : •: *. � _ �. . .,.� .� b� • �-r(�.Y��' t-^� �-�~1r+� • t � Y� 1Y f+•. t.w�. I-- �1 I,'11..... ) � `t i /� iv d � ` � t � `� 4,� i: � �� '" . ,��^yn n � r` ;____ � ,�.�.�.� ,� � i Mr� •�� ` � �� fi- � � : ; MI� � I' �l �{ t Vlll N! � , �R! [ M �� g 5i � "s� Y :� o ' ... ■...... . , rI ;-. •� CJ 1��w.< ol.L ��aT y. o� �'• � rll++_ � .��.; � C' 1 aa�,. i i. ._ � � Qn ` r�i- �� `�-ti`� � � �. �. '� „E F...,:..ii�j.�l.��_« C:aOrrOMS C . . � � f ' u ..,. � ,rl.,-1';�_1Trr � c � „• ��NMMwt�i+.t.�. y/ s• ..r,�� i I .�.rt QZ] �.� � ... .... . <:.:�— ....,.. • .;•..,.... o,.,,.. w........ ua w• •��• �s� ` t o+nr • ��r.��u�. aY � r � + . J � - ��T` -�.�« � � C. J .c.. ••y-jAw..�'. �? r.'� °T J � Ot ^ N „L LL -F.-i�.L�} •F .-. :-.1+�-��,� ^ _, �� c: t, ..�� ,.. '_��. � - r--� - � �'�-c ^T �'� � � • k� �+ —I - � rq + ...� ��.�i. . Y. i . � � ^Y^ �1' ..� r �� 4 �' «� �.i; i� - �_-�-: = =: t- ; - �-� ; �,= �. �. : .� _ �,.*�- �� .� � �; a; E . _.. _ . i � - , . : . r . �- �..�- ., � �.�. � �. _..� . .nN.�. �M� 0 � `- t+ . ; .. . � • • K� � �r O - �' M - �r �--� ♦ � �1. _ �.� � � . a � �� ~1 i� r �� . I .�. --�+�±�� 1—...y... �� '�.. .-r�� -i �� ' ....,,. � � i �: . � —nra��'. � _ � J LJU ' •� Gj a �•..�ns ru��ce aa� : .. .. �w rt� w i .nwa Y \/ � � �.... � CN[M L�M[ f�� .... ..u.� � .�... u��• � � ciTr oi _ �._- _:--1 _. __' .___ _ .. �E�ND f i�i��r �� w:o ��..�w ... .,.�...,., �.�n.w. . ,< �Mw��• t�At� G J I.AKE 3 : E � ,,• �� . /� ; �� : +r' � � .�+ � � V +�` `� � � Q � ca ..i I . ��.v h�� s �� J i '�� 0 � � �'o'„"' � �� . . _, �,v� ., � nct �wFEM .- J '�. C: .. C f.+ � �.7 ' . J � . � '� ;- ' My. .��: . ��C��tN� � � . W 1 N • �M�M II,II ,�, ~+� .I I : ,.:.: � �� ;;��, � � U �'� �-.. . ��; � O � ..�. �... .,., — : ' r� f .! � � il L �� r y�� -� �KU v � �� 1 ' � �r rt•�N +'/ � ..,•• � tcwti� r I _. ':.`N. ._ u.it..:i.i..ie: . � el� � f ' J � �:; � 1 � � ' �- li I' �..e�.. i�l��l�'� ' . ��I�I' � i . I � , . �II��'�� ..t.�:.�n. I � . <...� 'I'��i�l��l�'�i�l��i� � �.. � Il�ll�l�l,��i��l�ll�ll�i; �si i��,��li � �I�iiii i�� I�ii�i��iii��i�i��ii�� . I��I��1 III �II�II ��I '�� _ �I�I��IIIII�IIiil��ll/ �I i� �i : F.i.�-. � a � 1 1.� ,'�M`� N�� 1 4 1 C � N �� -11 ~ +� �. � • i-i i ��Lit..i!• 3 �� •-• �� ...... .... C.�NtY� ..c. �1"-- i � i� j�' r� I r�n�'„�'� �� I .�¢ f� I �� n�� Q ' `+G w. �t► �: ` `�� Lc +" �\ � , r + ij. �.� ' ' � � ��b M � � �l �� o ; \. �i � n r�� 15 RF50LUTION N0. - 1987 RESOLUTION ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND SPEQFICATIONS AND ORDERING AWIItTISQ�III�TP FI�R BID6: SPRINGBROOK NAZIJRE CE�i'ER POND IMFR�VII�ENT PR�l7F)CT ND. 173 WHEREAS, �e City Council has deenea it necessary to construct certain improvements to the S�ringbrook Nature Center to promote wil�life habitat ana to improve enjoyment of the facility by the citizens of Fridley, and WHIItEAS, The Public Works De�artment has pre�:ared plans ana specifications for the ' construction of certain improvenents to the SFrinqbrook Nature Cer�ter. N�W THIItEFt�RE, BE IT RE�,VED, by the City Council of the City of Fridley, Anoka County, Minnesota as follaws: 1. That the follawing proposed im�rovements are hereby ordered to be effecteci and com�leted as soon as reasonably possible, to-wit: Pond excavation, snbankment plac�ent, weir construction, qrading, seeding, and other facilities located as follaws: .. : •,�• �� a�� That the work involved in said im�rovements as listed above shall hereafter be c]esignated as: .. �.•�� s�,�� r..,� a i�+ �� a • 2. The plans ana specifications pre�ared by the Public Works DeFartment for such improvements are hereby a�proveci. 3. That the Public Works Director shall acoordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the makinq of such improvements under such approved plans and specifications. The advertisem�ent shall �e published for (3) weeks (at least 21 days), ancl shall specify the work to be done and will state the bids will be opened and considerea at 11:00 a.m. on the 2nd day of December, 1987 in the Counci.l Chambers of the City Hall and that no bicLs will be considered unless sealed and filed with the Public Works Director and ac�n�anied by a cash deposit, bid bond, or certified check payable to the City for five percent (5$) of the amount of such bid. That the advertisement for bids for SPRINGBROOK NA'IURE (�1V''PER POND IMPROVEMENT PRU7ECT N0. 173 shall be substantially in the stanclard form. PASSED AND ADOPPED BY THE CITY OOUNCIL OF THE CITY OF FRIDLEY '1'8IS DAY OF , 1987. WII�LIAM J. NEE - MAYOR - ATTEST : SHIRLEY A HAAPALA - CITY CLE�2K 3/6/9/9 Parks Streels Mamtenance MEMORANDUM TO: John G. Flora, Public Works Director PW87-359 FROM: Mark L. Burch, Asst. Public Works Director DATE: Navember 5, 1987 SUBJECT: Change Order #2 - Sunde �gineering, :Lnc. for Services on Lake Pointe Dev�logrent Project #163 We are foYwarding Change Order No. 2 for Sunde �gineering, Inc. to the Gity Co�cil for consideration at their Navember 9 meeting. The change order is for construction staking and inspection services for the Lake Pointe Develo�nent. It is necessary to extend the Sunde Contract due to the increased time for construction of this project. This change order was approv�d by the HRA at their September 10, 1987. MLB/ts AttacYunents , 16 � - � 16A P[JBLIC 6VORKS DEPAR�'IENT Engineering Division CITY OF FRII�,EY Fridley, Minnesota September 10, 1987 Sunde Engineering, Inc. 9001 East Bloanington Freeway Bloanington, NflV 55420 SUBJECT: Change Order #2 - D�olition & Site Grading Project #163 Gentlenen: You are hereby ordered, authorize� and instructed to modify your contract for Storm Sewer & Watermain Project #169 by aading the follawing: �_ ! � � ��• ITIIJI APPROX. 4�UANTITY U1VIT PRICE �UNr Construction Staking And Inspection . . . . . . . . . . . . . . . . . . . . . . . . $19,270.00 ORIGINAL �N'Il2ACT PRICE. . . . . . . . $150,699.00 Cf�1r]GE ORDIIt N0. 1 . . . . . . . . . . $ 7,500.00 CEiADIGE ORDER N0. 2 . . . . . . . . . $ 19.270.00 RE�IISED OON'IRACT P,I�1(JUI3P . . . . . . . . . . . . . $177,496.00 Sul�nittea and approved by John G. Flora, Public Works Director on the lOth day of Septe�mber, 1987. � �L�Pre�ared by • Checked by � ? - � �� ahn G. Flora, P. E. Public Works Director . : Suncie Engineering, Inc. Page 2 Change Orc,er #2 - Project #163 Sept��er 9, 1987 ----------------- �pproved and accepted this �` day of /��"j3� , 1987 by Stmde Engineer ing, Inc. SUNDE ENG INEII2IIVG, INC. ,��,;�,, ��,...,� Gerald HI. Sw1de, Presiclent ---------------- Approved and accepted this day of ,, 1987 by the City Council of Fridley, Minnesota. 3/6/4/6 WILLIAM J. 1�IEE MAYOR 1�9SIM rS. �URESHI, CITY rIANAGER 16C HOUSI(�G & REDEVELOP�ICNT AUTNORITY MEETIP�G, SEPTE�16ER 10, 1987 PAGE 2 . Robertson stated the lower road to the south that was not yet finished was signated a"State Aid" road. At such time that the road was completed, as he erstood it, that road should be opened to the public. At this time they are o constructing a temporary connection to West �400re Lake Drive, and he questio whether they could keep that temporary road bar,ricaded. Mr. Prairie stated tha 'deally it v�ould be nice if they could keep that road closed until there wa development. Mr. tJev�man stated that from a pure legal standpoint, before the road could be opened, the HRA would have to trans ownership to the City. The NRA does not own roads. At that time, it wou e the City's res�onsibility as to what to do with the road. MOTION BY MR. RASMUSSEN, SECONDED BY MR. PRAIRIE, TO CT CITY STAFF TO SEE ?'HAT THE ROADS ARE BARRICADED TO NON-CONSTRUCTION TRA C AT LAKE POINTE SITE ON WEEKENDS AND EVENINGS AND THAT STAFF LUOK INTO THE MO ASONABLE COS T TO ACCOMPLISH THIS. UPOIV A VOICE VOTE, ALL VOTZNG AYE, ACTING CNAIRPERSON MEYER DECLARED THE MOTZON CARRIED UNANIMOUSLY. 3. CO��SIDERATIO�� OF CHANGE ORDER FOR SUNDE ENGI�dEERIWG: Mr. Robertson stated the City had received a letter from Gerald Sunde dated Aug. 30, 1987. Also included in the agenda was a copy of the letter of agree- ment dated May 23, 1987, ouxlining the agreement between Sunde Engineering and the City. He wanted to note in the record that this agreement was approved at thet timle without review by the City Council. Mr. Sunde stated basically the change order was to allow them about two more months to finish the utilities. In April they came in for a change order for a month, but at that time, they figured they v�ould have the utilities done by September 1. Now it appeared that it would take until the end of October. In his August 30, 1987, letter, he had estimated the cost of the remaining work. Mr. Meyer asked why it was costing Sunde Engineering more money to finish the work. Why did Mr. Sunde need more money to do the engineering aspect of the staking, etc., for the same amount of physical work? Mr. Sunde stated when the job was originally anticipated, they were expecting there would be concurring activities going on--that there would be utilities going in at the same time as the grading. He thought those both had completion dates of mid-July, so they felt at that time their inspector on the job could act on both the utilities and grading. They have had to cut back the in�pector so he is only at the site two hours a day, but now they are going to have to have him back for the utilities as he was not able to do it sequentially with the grading work. That was why it was costing extra now. They had hoped to have a lot of things done at the same time. 16D HOUSItJG & REDEVELOPMENT AUTNORITY MEE7ING, SEPTEMBER 10, 1987 PAGE 3 MOTION BY MR. RASMUSSEN, SECONDED BY MR, PRAIRZE, TO APPROVE THE CHANGE ORDER FOR SUNDE ENGINEERING FOR TXE AMOUNTS OF $7�170 FOR INSPECTION COSTS, $9,600 FOR STAKING COSTS, AND $2,500 FOR MISCELLANEOUS COSTS AS OUTLINED IN MR. SUNDE'S AUGUST 30, 1987, LETTER. � UPON A VOICE VOTE, ALL VO2ING AYE� ACTING CHAZRPERSON MEYER•DECLARED THE MOTION CARRZED UNANIMOUSLY, 4. CONSIDERATION OF LOU LUNDGREN'S LETTER OF CREDIT: Mr. Lundgren stated he would again like to give the HRA a progress report. e stated Miller & Schroeder has the taxable bond issue, but the bond market ing the last 30 days has not been doing very well. The interest has gone up. He stated Miller & Schroeder were still willing to do the deal, but they uld require a construction lender or interim lender to carry the project o break-even occupancy. That was a very difficult thing to do. t4r. Lundgren ead the following excerpt from a two-day old Wall Street Journal article: "The ond rating agencies are preparing to give the coveted Triple A rating to securi ' s backed by junk bonds." He stated he would give a copy of this article to Cit Staff for their information. He stated there was $200-300 billion wort of junk bonds in the market which almost all financial institutions have. Thi would theoretically make a lot more liquidity in the bond issues and back bond ' sues. He stated he has talked to t1iller & Schroeder about this, and they are won ring about it. Mr. Lundgren stated he has conta ed another bonding company and he will be meeting with a representative of th t company on �1onday, Sept. 14, at 9:00 a.m. They seem very interested and are not 'nterested in a private issue as Miller & Schroeder were, but as a possible publi issue. Mr. Lundgren stated he has been discussing t senior housing element with a wholly owned subsidiary of Mellon Bank. They they would be willing to give a commitment but need an MIA appraisal. He tated that on these two housing projects, he has a feasibility study, and a MIA study is usually needed for any loan at the time of closing. He gener ly does not want to get the MIA appraisal done too early because the apprai 1 can become outdated, and these appraisals are quite expensive. This company s'd if they had an MIA appraisal, from the numbers given to them for this proje t, they could give him an application commitment in two weeks. He stated he as going to go thrnugh the process of getting an MIA appraisal if the HRA wo d allov� him another monti� to do so. This would be for the senior housing proj t only. Mr. Lundgren stated he has also make contact with�a life ins�,rance comp on a conventional loan which was a participation loan. They will give a forward commitment with a clean take-out with same conditions. He will be meeting with this company the following morning to discuss some of these conditions. This company was headquartered in Washington D.C. He can get the commitment for as short as 12 months or as long as 24 months. This company has a$15 million loan limit, and he has discussed all portions of the project. Engineering Sewer Water Parks Streets Mai�tenance MEMORANDUM TO: John G. Flora, Public Works Director P'W87-351 FROM: Mark L. Burch, Asst. Public Works DirectAr DATE: November 4, 198? SU BJ ECT: Change Order No . 1- Storm SeUrer & Waternnain Ir��arovement Project No. 169 We are suhmitting Change Order No. 1 for Storm Sewer and Watern�ain I�rovement Project No. 169 to the City Council for action at their November 9, 1987 meeting. The changes incorporated in this change on3er include revisions to s�ie of th�e steel casings and the addition of: waterniain pipe and �itfi�ngs to extend the 24-inch watermain to the north property line of Longview Fiber and then woest to loop this line into the watermain presently under East River l�ad. The majority of tl-� cost of this change on�ier wi.11 be paid by Longview Fiber since the additional work is at their request. I am attaching a letter fro�n Longvi�a Fiber indicating tY�eir desire tA have this watermain installed. MLB/ts Attachments 17 � 17A ��NG�I:�� F��Bl�:� COl��. �� ,■, C E N T R A L C O N T A 1 N E R D 1 V 1 S 1 O N \_I 5851 EAST RI V EFi ROAO • BOX 7419 • MINNEAPOLIS. MN 55440 • 61 2� 5 7/ - 4700 October 29, 1987 Mark Burch Assistant Director of Public Works • CITY OF FRIDLEY 6431 University Avenue Northeast Fridley, Minnesota 55432 RE: WATER LINE As per our phone conversation on October 29, 1987, the east-west twelve inch water line will connect with the water main systf>m the city is putting in on the east side of Longview Fibre property. This twelve inch water line will be located at the north end of Longview Fibre property. The line will run east-west and connect with the water line at East River Road. Please do this in conjunction with the City Water Main Project Best regards, ,� 'G' . � -�-�,-� R. V. NOVAK - PLANT MANAGER mw MILWAUKEE. WISCONSIN • CEDAR RAPIDS. IOWA • MINNEAPOLIS. MINNESOTA • ROCKFORD. ILLINOIS HJBLIC WCRiZS UEFf�RTNENT Enqir�eering Division QTY OF PRIDLEY Fridl ey, Minnesota Ncyvenl�er 9, 1987 Glendale Contracting, Inc. 3030 Harbor Lane plymouth, M�i 55441 SUB3FX.T: Change Order #1 - Storm Sewer & Watermain Project #169 Gentl enen : 17B You are hereby orc3ered, authorized and instructed to modify your contract for Storm Sewer & Watermain Project #169 by adding the follawing: 0 1. 36" Jacked Steel Casing 2. 30" Jacked Steel Casing 3. 12" x 12" x 6" Tee 4. 6" Gate Valve 5. 20" X 6" Rec�uoer 6.6"x 6"x G'Tee 7. 8" Plug 8. 24" DIP 9. Salvage & Install Existing Hydrant Assemhl ies 10. 2 4" x 6' Tee 11. 6" DI P 12. 8" Gate Valve 13. 24" x 24" x•8" Tee 1. 20" DIP 2. 24" �teel Casing 3. Hydrant Assemhly , � � 1+►1 �.+- ..*�� 4�► 30 Lin. Ft. 60 Lin. Ft. 1 Each 1 Eadz 1 Fad1 1 Eadl 1 Fad1 520 Lin. Ft. 2 Faci� 1 Fac3� 280 Lin. F't. 1 Ead1 1 Each � � �� « 150.00 140.00 360.00 400.00 800.00 150.00 55.00 39.00 1r000.00 1,050.00 13.00 600.00 1,050.00 Subtotal - Additia'�s DIDULTIOIIS 180 Lin. Ft. 31.00 60 Lin. Ft. 110.00 1 Ead1 1�300.00 Subtotal - Deductions : k �. + 4,500.00 8,400.00 360.00 400.00 800.00 150.00 55.00 20,260.00 2,000.00 1,050.00 3, 640 .00 600.00 1,050.00 $43,285.00 5,580.00 6,600.00 1,30Q.00 �13,480.00 � 17C Glendale Contracting, Inc. P�ge 2 (�ange Order �1 - Project �169 Nc�venber 9, 1967 I�'P C�iAr1GE � #1. . . . . . . . . . S 29,805.00 CfftIG INAL OONZRHC-T PRIC� • • • • • • • . $ 309, 978.00 CHANGE O�tD�ER N0. 1 . . . . . . . . . . � 291$Q�..SZ4 REVISID QON�tA(T ANDUNr . . . . . . . . . . . . . 5339,783.00 Sutmitted and apprwed b� Jahn G. Flora, Public Works Director on the 9th day of Nwenber, 1987. � , Pr epa r ed by �/ f�-, ��_%`'<<l.�?`-ti--- `� r�J %�� Qiecked b� ��%'!��!,J�_�_ - ohn G. Flora, P.E. ~ Publ ic Wor ks Di rector ----------------- Approved and accepted thi day of ____�_. 1987 by Glendale Contracting. Inc. � c, � r � � .�� r• • � � , /� �� . j. Apprwed and accepted this _, day of ___,, 1987 by the City Council of Fridley. Nli.nnesota. 3/ 6/ 4/ 6 WILL IAM J. I�E I�YDR NF6IM M. 4�8I, QTY MANP�IIt - Englneering 'Sewer Water IParks IStreets Maititenance MEMORANDUM 70: �� Q�.e�i, City Manager �ROM: Jdzn G. F1ora,�Public Warks Director DATE: Nwenber 4, 1987 SUBJECT: �C Bus Reroute on 3rd Street EW67-350 Due to the increased early morning congestion on University Avenue as a result of t}�e East River Road construction, the N�C buses are finding it extrenely difficult to pick up passengers and remain in the traveled way c�uring the 6:00 a.m. or 8:00 a.m. weekday period between 61st Avenue and I-694. Because of the inoorYVenience and safety aspects associated wi� i�e passenger pickup, NtrC is requesting to use the 60� Avenue split-off and r�n southbound on 3rd Street to 57th t�ien back onto University Avenue as a means of safely picking up nei�borhood passenger traffic and traveling on University Avenue. 'Ihis diversion would result in approximately 15 buses on 3rd Street during the m�ning period but sfiould pravide far imprwed safety and traffic flow. While the street is not desic,�ed as a 9-ton route�during the winter months, �is �ould not be a problen and we can review next spring conditions to determir�e any ac3verse affects that this diversion could cause. I would expect that the requiranent to divert traffic would extend for at least a one-year period. If the Cotmcil has no serious objections, I oould favorably respond to t3�eir request and caveat the spring period so as to preclude arYy serious damage to our roadway system. JGF/ts . � F�� 18A M E T R O P O L f T A N T R A N S 1 T C O M M I S S i O N 560-6th Avenue North, Minneapolis, Minnesota 55411-4398 612/349-740U October 16, 1987 Mr. Clyde Moravetz Engineer City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Dear Clyde: The MTC is requesting the City of Fridley allow southbound University Avenue buses between 6:00 AM and 8:00 AM on weekdays to operate on 3rd Street Northeast between the University Avenue slip ramp south of 61st Avenue Northeast and 57th Avenue Northeast between 3rd Street Northeast and University Avenue Northeast. Presently, morning rush hour traffic backs up on southbound University Avenue Northeast before it enters the westbound I-694 entrance ramp. With a major MTC bus stop on southbound University Avenue, just south of 57th Avenue Northeast, this traffic congestion causes severe transit delays and safety dangers to the boarding passengers at this bus stop. Buses must either wait through the long delay, inconveniencing many riders, or operate in the center lane of University Avenue. When buses operate in the center lane, boarding passengers dart out in between the slowly moving vehicles entering the westbound I-694 entrance ramp. This practice is obviously very dangerous. Until the I-694 entrance ramp back up is eliminated, the above proposed 3rd Street Northeast route definitely would eliminate both the delays and safety hazards. Buses would operate between 6:00 AM and 5:00 AM on weekdays only. Six Route 10 buses and nine Route 24 buses would operate on 3rd Street Northeast and 57th Avenue Northeast. If the MTC had to eliminate the 57th Avenue Northeast bus stop, many Fridley residents would be forced to walk a considerable distance to the nearest bus stop. , Mr. Clyde Moravetz Page 2 October 16, 1987 Please present this request to your City Council and express to them our sincere appreciation should they grant this bus route change. Sincerely, `��.c�� c�i Richard J. Loeffler Senior Transit Supervisor RJL/mdd cc: T. Vida B. Beck . �L " � L �4 u �S `I "�,.�.l�� %� . « �`K �f � v -' � ="v � � „e � , .ss ,�.� _ , _ H . st.r . _ � - . � �\ _�. � , ... �.,��'� ",'�'� 3� � t;,•,,,,� i.w. �' ' i, � �., ri . �.� �.� � � � �rR ` .. �^ ti r a,^' �`�.� � � f . ,� i el � � . _ � ' < 3� � O � :.. : jo � `` � � s � � ' n ��7 -- --59��- 591�4 ` gb� 9 5� 9 � . a .. 29 - � a .._, 7 -5�-r6 � �� 59,�A B- � . .� 59�74 � q�� -. - �! , � 5�� = 2 j q � . � 5 �4� 6 -- y� 6 � 59�t 59 ' `� P ' .�� .t :. �� 59642-.. �59-05 5yro- . � --- -,� W zs 8 96s 59 4 .� Il � ' •� - -- �9 , _54 = Zf c .�' 39t�`� -- -t Z 2� � - 56 ., ' � , 3 � Z 3. 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N � , _ ` . --•-i -s: � . . . � � � i/ /21/3/¢;/ _ ��3� o,// P/ �"�" �/~ ! 2 3 4 f 6 � M // /T 3 !� / � } � �- 6 3 z ! �z�� 2 t td� � � � • ' : 1 2 ' � .�;1_. `�•.. 9 - . # - . � .�• t� .� -�;� _�r ? _ .� T � �.� �.,�1� � PLACE . . � �,� . �z s .,, . �6_ . .. ` ��;;�:� . 3 _ „ , ,z ��i¢� �2 3If 5 � '� � . .�.Za $ 'Z j � T eo ,!l �r°/ if i �! � � � � � r 28d ;; r °: �,� � 2 3 S o� � . - ' - �a, °�,� �, Ex �s � ; � �".`;."��.:�.3� i� --�tifE-t�H� -- N. E. - - r � � � � ■ T ��".��s 1?ov�'� _ t �. H . ;, �� T��_� �::� �--'-1c+'_t r _ •< ' � � ` ' . � ' 4 . PROPOSl�D' r� a . �, *-�,.. - `#� ' ��u,��'�� : ...�:_> , . $�iS:: �f� . ' .. _ . � FOR CONCURRENCE BY THE CITY COUNCIL -- L.ICENSES � NOVII�IBER 2 , 1987 GAS SF�VICES Ai.r Meci�anical Inc. 345 - 157th Avenue Aroka, MV 55304 Krasen Pltambing & eeating Hic�wacy 15 Nart� Hutchinson, NN 55350 Sxf'�B8T1 COI�TPRACi'QR H.C.R. Gontracting 17555 I3v,�t�en Blvd N.W. Arioka, NN 55303 Ridigels Bros. Construction Co. 1310 Kencbn Lane St. Paul, NN 55120 Stahl Constructi� Cflmpany 8400 Normandale Lake Blvd. #410 Bloomington, NN 55437 HF.�Ii3� Air Mediarucal Inc. 345 - 157th Avenue Anoka, MV 55304 J75 Servioes Inc. 88 West Woodlynn Avenue St. �aul, NiV 55117 d Krasen Plunbing & Ha3ting Hic�way 15 North Hutc�inson, NN 55350 MB�� DayCo Concrete Comgany 1340 Park Road Q�anhassen, N�1 55317 By: Ross Erickson By: Timothy Kras�en By; H. Ra1Fh Htu�t By: Harold Richgels By: Sharon Hollnagel By: Ross Erickson By: �anas Skotnicki By: Timothy Krasen By: David Brock�xhler WILLIAM SANDIN Plbg.-Htg. Insp. . Same L�RRII, Q,ARK Q1ief Bldg. OFcl. S aane 61.r'�� WILLIAI�. SAP��i'. Plbg.-Htg. Insp. Same Sa¢ne L�RRF�. Q,ARK Qzief Bldg. OFc1. ' FOR CONCURRENGE BY THE CiTY COUNCIL —' ESTtMATES November 9, 1987 Herrick � Newman, P.A. 6401 University Ave. N.E. Fridley, 1�I 55�32 For Services Rendered as City Attorney for the Month of October, 1987. • • • • • • • • • • � 1,298.00 Enebak Construetion P. 0. Box 45 8 Northfield, I�Ild 55057 Demolition d�Site Grading Project #163 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . � 60.537.53 TKDA 2500 American National Bank Guilding St. Paul, NIIJ 55101-1893 Repair of Commons Park Filtration Plant Project #164 Partial Estimate . . . . . . . . . . . . . . . . . . $ 4, 900 .00 Glendale Contracting Co. 3030 Harbor Lane Plymouth, NAT 554�11 Storm SeWer � iTatermain Project #169 Estimate No. 1 . . . . . . . . . . . . . . . . . . . � 91,D43.25 H& S Aspii al t 1700 Industry Blvd. Anoka, I�Ild 55303 Street Improvement Project No. ST. 1986 - 1� 2, Phase II Estimate No. 4 . . . . . . . . . . . . . . . . . . . $ 43.774.10 Halvorson Construction Co. �1227 - 165th Ave., N.E. Anoka, I�II+I 5530u Miscellaneous Concrete Curb & Gutter Project - 1987 Estima�e No. 8 . . . . . . . . . . . . . . . . . . . � 2,730.�7 Northwest Asphalt 1451 Co. Rd. #89 Shakopee, I�A1 55375 Street Improvement Project No. ST. 1987 - 1 ' $ 3, 856 .62 Estimate No. 7 . . . . . . . . . . . . . . . . . . . Shank Meehanical, Inc. 3501 - 85th Ave., N. Minneapolis, I�1 55�1�3 Repair oP Commons Park Filtration Plant Project #164 Estimate No. 2 . . . . . . . . . . . . . . . . . . . � 6a, 936 .75 � �?T`i Gr rGirLE� �No:�Ec�'I!dE "uEGLR?�ENT �4�j J�14ERSITY �Ur�i�vE W.E. �R�L�LEY. Mti. `�4�� iQ�1EMRER 4, 1�t�7 'u: ��!;"PY��E �`�''J6' and CITY C�I;NCII �.:T`i :�F ��i�! E'l h4'! ':�diVEkSI?i' "�VE�!�E N,E. =�;IJ:_`f, i9?�YNE50;A °�ya2 FRQJ�CT: $153 nE°S�LITI!�N RNp �ITE �6'.A4Il�.8 ! �K�POIE!'E �L�f±PGRA?E CEtiIcR E5?iMATE � 9 iFlNal� 21A CQNTRACTQR: E�ES�+K. CC�NSTRtJCIILfi CO�-ANY F'. D. EDY 459 ��RTHFIELC, "f:tv;�ESOTa 5�u5'r »a-!30't ?'S-"-�)!:U ESiIMA?E DH?E: t� .?_3� ------------------------------------------------------------------------------------------------------------------------------- ..��TG�%T :T�� ----------------------------------- MU�lI1:3±iD� �=:ear:rc r^: c��ehirg .fl�"ICL : `l Dn g�,;i�� ;.avatic�� ... . , � ,. i;c�aen �r,ca��ati:r, �U�}: �i;:cY3t:Df1 E�bank.�;e�t ?, ,�e?��nt S*r�:�u�al fi:l ?�iwe i '.iCUC+l1C3I F:�1 T','�C � 5t�L'ttL'!:,i Fi�: -;�oe � vtYl1CC'.!!31 'll� r`I�^,E' '� �rosi�n � {::itati;;r, Gor�trai Tu�seil =�incYs;ent �d;2� nC5COf3tS�" 't {.�23';U�t :ha^:3e _�dEr # 1 ;;har�pe �!rd2r � : �`ar.�e :!r�er # : �hange ��eP � � Change ��rdeF # ° ------------------------------ ?LTRL _485 E:tinatrd ?his U.�it `��it 'r�� ices �uantity Esti�ate ----------------------------------�---------------- ,,. �. 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JCI 1 7�U:%�.ilil �!.::` ',v0�.��{� 1 i�1.i1'.Oi� {�,3 �5,i�i�.uti . �^�c3'.5i! --------------------- �1,21C�,75;�.SC! '��-nL 5�''�'��kY: nrici �ai Ct�}>act �,:�o+�r,t _,,,'_ra�: =�;�itier.: �...'� #I�#2 'Y i3 f #? � �4 LC'itfdCt 1JE:L'�tiC�c F�.E:']5.t� '.r.L'^TT3CL '�;RC�:�t `ial��e :o^:aia�e�j 'v v�ate ril�0�!^; NE*a:�Ftl ',':�r;; !?55 r11�G�1Rr G 91 i�(Eb': 7;15; V k"��UNT �'IF T4.l:5 ��TIMFiT� CEk�IFiG�TE �F 'H= �.I�I,�7G�}f'?f�G 21B 597� �'1ti�J. uU f�45,496.5�� U. Ui; p�,2�t,YaB.`+) f1,�1C�,-�u. ��a �'.! . 011 �1�15U,?:�.9i �6��,`'i7.v: 1:':�fE�`/ rFftit`1 }ka't ±j�2 lti0fk ¢E!!�Gi�uE� and the ::a�°':�15 SU;�G�:?'� !0 �ate !1f'�?� t�e tFi165 C` tit8 COtt�faC� tCf *f�15 Y�J�E':t� d^a ::: di:'hGfi:2� :�1d^yL�S theret�, have C" ac��.al �ralt�e il!f�B! t�?E' CCii��3Ct 4f 'CiiE aP,iOU!tt. �hG�Ii Ofl ;h15 t'Stl,rate �.d(l� }��2 tI^3i �tld�tikl�5 df5 ;; e 4i��1 E:}]iftdt� eT� �Oi TCL`-: �:,'!� }hat ��15 ?Sti�^ate i� ;tl5t d.]L� .0'�BCt dr;,� nQ Yd�t wf ^e ��1"L '�? ?�1� :` i1e5 u8 .i �C2t'rEd. _ :�t2 _ �� _ � ��. _________ __ _ _ � _ �- �_� �e^tFac��r'_ �=�th�rized 4eprr=_.e�}ati:e !ri±�e L:�`'T(rii tiT� .'F ?�.. L��ili�E�{ '� f 4v t�,�.•_ I-�e �� 03:.� or �r,r,�:,,�d his e�ti�ate, and rat �_�s�,r�c;ar is entit�e�± ia pay�^ent �f :�;is ,:BfCtl CC!_; ,h,_� s? ra: rina � t, ih r t t t�::��u�t :�,r;,�pi f,h¢ ��rtFd�i 4:]f 'E}8f2�_B ��Oteit. ' . J!�'+I:f� t`'i�i�'i_��':iT �,` � / ��-,��-�-=-l�- - --------------- ��t� _1�_l¢--l�S-� sr�:a! e �!�sa�� .�. � Cnecked qi ---� 6'-' �-_------- ----- - ---- � F'espectf;�lly 5ubmitted, „ _ /; � �� ' -`-J.!��/��L' =---------- �/� J n 6. F1�ra,P.E. �_/ Nwenber 9, 1987 To: Public Works Director City of FricIley : a�� :+ �,� �': �• • a,M • ► ��. : Yy �; y: tt �1 � � �+�� M • � . YY r:: � 1�. ' :s. JsM � ; ;� :� ►1Y •! : .� :: Y Mx�fY�+. We, the undersigned, have inspected the above me.ntioned project and fir�d that the work r�uired tr� the wntract is substantially oomplete in conformity with the glans and specifications of the project. All cieficiencies have been wrrected by the o�ntractor. Also, the work for which the City feels the �ntractor should reoeive a reduced price has been agreed upon by the writraetor. So, therefore, we reootnner►d to you that the City approve the attached FINAL FSTII�'E for t�,e oontractor and the one-year maintenance bond, stazting f ram the day of the f inal inspectia► that being October 2, 1987. v . � Paul 9wenson, Constructia� Inspector �'' ' Contractor Re�resentative, iTitle) JT/PS/tS 3/6/4/10 21D QTY OF FRIC[,EY .. PUBLIC WQ2K5 1�8�RTNE,'NT ENGINE�211� DNISD'JN 6431 ihiversity Avenue N. E. FYidley, Minnesota 55432 Nwenber 9, 1967 Honor abl e Mayor and Ci ty Council Ci ty af Fridl ey c% Nasim M. Qureshi, City Manager 6431 University Aver�ue N.E. Fridley, NN 55432 Council M�nbers: �+:� : M �, 4.� ��, t�i��+:. We hereby sulmit the Final Estimate for Demolition & Site Grading Project �163, Lake Pbinte Corp�rate Oenter fo� �ebak Construction Co., P.O. Box 458, Northf ietd, M�l, 55057. We have viewed the work under v�ntract far the oonstruction of Demolition & Site Grading Project #163, Lake Fbinte Corporate Center and f ind that the �me is substantially omnplete in acoordanoe with the oontract documents. I reoanmend that f inal payment be made upon acceptance of the wor k by your Honorable Body and that the one-year o�ntractual maintenanoe bond vomnenoe on Oetober 2, 1987. Respectfully submitt�d, ��.�'' -� Getry Simde. Project Engineer BN/tS 3/f/4J11 -.- -. . ' .� �r' , . • - - . . � � ,�l.il[.�,L% 21E