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10/17/1988 - 5039! `:s . :� � � � �� :� � � � „� :, ;:y� � � � . � � kf< :;! � � . . �� . 'i,. � ; a n,� � . . . . , ��. . � . . . � < . �� , . �� . � . . . � . �, 1. . . . . � . . • "4 , � , „t � � .. .' . _ F T; _ . . . . - � �„d Rzcrc ��an � � � �" � �, � � ; FINANCE DIRECTOR � '� . �` _ `� r. * G�UNCiL MEETING . �; ;� OCTO$ER 17 , 1988 ' .; ' '?` $ � ;� � r s :� _ '` �, '� �` ,� .� - � � �' '� _ �� f � �� r � F r�: �t r� . . . � " ' �. �v , . . . . � S�a t _ (x� . . . .j'r' c:� <: � � �y, f f i . � � . � . �. � F .� �',:� �" � . . , . .�' � ..:r^a 9PR �4 � � � . . . � " � ti� Ev `i*r ... �'�'� . ., �,�. r � r .,� r;:, � 3 � ; r� � r . . �' � � � i -� �': < . . . � � �.,�� . . �1�t�. >5 _� 1'< � . . �. . . � g:. S � � � � ,� � � . . . � � § ��.$§ 4: . . � . .. rti�r . . . ' :� }�.: µ� . � � X'..�� i � � � �� i •'�J� _ £ ^ _ . . . . . k,., � > .. . .' t.,' ' <, Y � # 7 �` •� � FRIDLEY CI TY COUNCIL t OCTOBER 17, 1988 �. , y PBE�LT39H: Rscognition o! New Paid on-call Firetiqhters : • .� .ury Council Maetinq, Septembar 26, 1988 Council Meetinq, October 3, 1988 :�-•y . •- � �: OPEN FORtJM. VISiTOStc� (Consideration of items not on aqenda - 15 minutas) ��1� :r . Consideration o! Possible Revxation ot a Special Use Permit, sp #T7-04, to Allow ths Sales and Service o! Recreational Vehiclss on Lot 1, Block 1, Pearson�s Second Addition, tha sama beinq 7701 East Rivar Road N.E., Apacha Campinq Canter . . . . . . . . . . . . . . . . . . . . i ,ra. : .r Consideration o! North Satellite Fir� station Location . . . . . . . . . . . . . . . . 2 ;`/✓ " R�c�ivinq Petition No. 19-1988 pr� o�oPaedi� surgaons Raquestinq Nater, sanitary Sawer, storm Sew�r and streot =aP��enta !or IInivarsity 1�venue Fleat Sarvice Driva !or Aqresinq to iPaiv� Thair Right to a Public Heariaq tor agraeinq to Pay Their Share o! the 1►ssessments for ths Improvements ,,,,,, 3 Receivinq a Petition No. 18-1988 Fros Nilliam 8artraa and william Barbush R�quastinq Watar, Sanitary Seirer, 'Stors Sever and Stzeet Improvaments !or Vniversity 1►venua wast Servica Dziv� tor Aqreaing to waiv� Th�ir Riqht to a Public Hearing !or Aqr�einq to Pay Thair Shar� of tha 1lssassmants toz th� Improve�ents . . . . . . . . 4 -�: �+�� ; ��`�p�y 3,� , �� '�' ``` � v Pstitions 'S.'�� ng ths Public H�arinq on th� Matt�r o! ths Conatruction o! Certain Improv�aents: Nater, Sanitary Sew�r, and Stora S�ver Projact No. 183 . . . . . . . . . . . . . . . . . S �,. "and Pinal Plans and pncifications and Satimates o! Coats Theraol: Watnr, Sanitary Sewsr aad Stora Sewer Project No. 183 . . . . . . . . . . . . . . 6 ��... `y . t-Aa . k�i=a � � .. ,�.�.: . �.'VIISl1 . . ' 1 �:. • ' , roval o! Plans and �+�� `' ° ering Advertisamet�t for Bids: itaiar, Sanitary Sewer and Stors Sever Projact No. 183 . . . . . . . . . . . . . . . . . . . . . . 7 ;F;_.% = s; Specilications, and ``= sa o! tha costs Thareol: streat Improvemeat Project Ho. ST 1989 - 2......, g Considsration o! 1►pprovinq aa l►qr�sa�nt to Terainat� tho Contract vith J 4 O Construction !or ths 1988 Kisceilaaeous Concrata Nrb, Guttar aad sidevalk Fro j.at . . . . . . . . . . . . . . . . . . . . . 9 Consideration of Receivinq and Rsvievinq th� 1989 Sudqet o! the North Metro Comrantion and Tourism Bureau . . . . . . . . . . 10 +::: �>:�; . A,�x s Comention and `�'� s, Jlqreetlant . . . . . . . . . . . . . . . li Council Mestinq, October 17, 1988 Raceivinq the Minutea of tha GTV 1►dvisory Coa�missioa Meetinq of Septembor 15, 1988 .... iy Claims . . . . . . . . . . . . . . . . . . . . . 13 �� Paqe 2 Licanses . . . . . . . . . . . . . . . . . . . . 14 � ( �a ( i� 1, u,A n � V ' Estimatss . . . . . . . . . . adjourn: . . . . . . . . . 15 n � F � _ � FRIDLEY CI TY COUNCIL OCTOBER 17, 1988 The following are the "ACTIONS NEEDED" to be taken by the noted departments. Please type your "ACTIONS TAKEN" on the attached diskette and pass on ta the next persan on the Isit. Answers and diskette must be returned to the Ctiy Manager's Office no later than noon on Thursday, October 27r 1988. Proclamation of Remembrance of Night of Pograms was issued by Mayor Nee PRESEh'TATION: Recognition of New Paid on--call Firefiqhters Administered Oath of Office and badges presented by Chief Aldrich. New firefighters introduced to Council APPROVAL OF MINUTES: Council Meeting, September 26, 1988 Approved with correction on Page 4 to indicate the Councilj opposed Linda Berglund's bill (not supported it) Council Meeting, October 3, 1988 Approved ADOPTION OF AGENDA: Delete Item 2- North Satellite Fire Station Add Item 16, Consideration of Waiving 60 day review period for Gambling Permit for Totino Grace High School OPEN FORUM, VISITORS: No response PIIBLIC HEARING: Consideration of Possible Revocation of a Special Use Permit, Sp #77-04, to Allow the Sales and Service of Recreational Vehicles on Lot 1, Block 1, Pearson's Second Addition, the same being 7701 East River Road N.E., Apache Camping Center. . . . . . . . . . . . . . . . . Opened at 7:47 p.m. Closed 9:13 p.m. Recessed at 9:13 p.m. Reconvened at 9:22 p.m. . . . . 1 - 1 U e Council Meeting, October 17, 1988 NEW BUSINESS' Page 2 Consideration of North Satellite Fire Station Location . . . . . . . . . . . . . . . . 2 - 2 D Deleted from agenda FIRE DEPT.--ACTION NEEDED: Place on future agenda Receiving Petition No. 19-1988 From Orthopaedic Surgeons Requesting Water, Sanitary Sewer, Storm Sewer and Street Improvements for University Avenue West Service Drive for Agreeing to Waive Their Right to a Public Hearing for Agreeing to Pay Their Share of the Assessments for the Improvements ...... 3- 3 F Received PUBLIC WORRS--ACTION NEEDED: Proceed as authorized Receiving a Petition No. 18-1988 From William Bartram and William Barbush Requesting Water, Sanitary Sewer, Storm Sewer and Street Improvements for University Avenue West Service Drive for Agreeing to Waive Their Right to a Public Hearing for Agreeing to Pay Their Share of the Assessments for the Improvements . . . . . . . . 4 - 4 B Received PUBLIC WORRS--ACTION NEEDED: Proceed as authorized � Council Meeting, October 17, 1988 Page 3 � NEW BUSINESS (CONTINUED): Consideration of a Resolution Receiving the Preliminary Report and Receiving Petitions and Waiving the Public Hearing on the Matter of the Construction of Certain Improvements: Water, Sanitary Sewer, and Storm Sewer Proj ect No . 18 3 . . . . . . . . . . . . . . . . . 5 Resolution 95-1988 adopted PIIBLIC WORRS--ACTION NEEDED: Proceed as authorized Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Water, Sanitary Sewer and Storm Sewer Project No. 183 . . . . . . . . . . . . . . 6 Resolution 96-1988 adopted PUBLIC WORRS--ACTION NEEDED: Proceed as authorized Consideration of Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Water, Sanitary Sewer and Storm Sewer Project No. 183 . . . . . . . . . . . . . . . . . . . . . 7 - 7 B Resolution 97-1988 adopted PIIBLIC WORRS--ACTION NEEDED: Proceed as authorized Consideration of a Resolution Ordering Preliminary Plans, Specifications, and Estimates of the Costs Thereof: Street Improvement Project No. ST 1989 - 2....... 8 Resolution 98-1988 adopted PIIBLIC WORRS--ACTION NEEDED: Proceed as authorized Council Meeting, October 17, 1988 Page 4 NEW BUSINESS (CONTINUED): Consideration of Approving an Agreement to Terminate the Contract with J& O Construction for the 1988 Miscellaneous Concrete Curb, Gutter and Sidewalk Proj ect . . . . . . . . . . . . . . . . . . . . . 9 - 9 C Approved agreement and authorized final payment of $1,558.93 PIIBLIC WORRS--ACTION NEEDED: Issue final payment of $1,558.93 Consideration of Receiving and Reviewing the 1989 Budget of the North Metro Convention and Tourism Bureau . . . . . . . . . . 10 - l0 C Received CITY MANAGER--ACTION NEEDED: Proceed as authorized Consideration of a Resolution Authorizing Execution of a Revised Convention and Tourism Agreement . . . . . . . . . . . . . . . . 11 - 11 D Resolution 98-1988 adopted CITY MANAGER--ACTION NEEDED: Proceed as authorized Receiving the Minutes of the CATV Advisory Commission Meeting of September 15, 1988 .... 12 - 12 D Received COMMIINITY DEVELOPMENT--ACTION NEEDED: File for future reference ' Council Meeting, October 17, 1988 Page 5 • NEW BUSINESS (CONTINUED�: Claims . . . . . . . . . . . . . . . . . . . . . 13 Approved CENTRAL SERVICE--ACTION NEEDED: Pay claims Licenses . . . . . . . . . . . . . . . . . . . . 14 - 14 A Approved CENTRAL SERVICE--ACTION NEEDED: Issue licenses Estimates . . . . . . . . . . . . . . . . . . . . 15 - 15 F Approved CENTRAL SERVICE--ACTION NEEDED: Pay estimates Consideration of Waiving,60 Day Review Period for Totino Grace Charitable Gambling Permit ... 16 Approved CENTRAL SERVICE--ACTION NEEDED: Proceed to notify Totino Grace that City waived this review period Adjourn: 9:40 p.m. r FRIDLEY CI TY COUNCIL � OCTOBER 1'7, 1988 �'LEDGE OF ALLEGIANCE• I'RESENTATION• Recognition of New Paid on-call Firefighters APPROVAL OF MINUTES: Council Meeting, September 26, 1988 Council Meeting, October 3, 1988 ADOPTION OF AGENDA: OPEN FORUM, VISITORS• (Consideration of items not on agenda - 15 minutes) PIIBLIC HEARING: Consideration of Possible Revocation of a Special Use Permit, Sp #77-04, to Allow the Sales and Service of Recreational Vehicles on Lot 1, Block 1, Pearson's Second Addition, the same being 7701 East River Road N.E., Apache Camping Center . . . . . . . . . . . . . . . . . . . . . 1 - 1 U Council Meeting, October 17, 1988 NEW BUSINESS• Page 2 Consideration of North Satellite Fire Station Location . . . . . . . . . . . . . . . . 2 - 2 D Receiving Petition No. 19-1988 From Orthopaedic Surgeons Requesting Water, Sanitary Sewer, Storm Sewer and Street Improvements for University Avenue West Service Drive for Agreeing to Waive Their Right to a Public Hearing for Agreeing to Pay Their Share'of the Assessments for the Improvements ...... 3- 3 F Receiving a Petition No. 18-1988 From William Bartram and William Barbush Requesting Water, Sanitary Sewer, Storm Sewer and Street Improvements for University Avenue West Service Drive for Agreeing to Waive Their Riqht to a Public Hearing for Aqreeing to Pay Their Share of the �ssessments for the Improvements . . . . . . . . 4 - 4 B Council Meeting, October 17, 1988 NEW BUSINESS fCONTINUED): Consideration of a Resolution Receiving the Preliminary Report and Receiving Petitions and Waiving the Public Hearing on the Matter of the Construction of Certain Improvements: Water, Sanitary Sewer, and Storm Sewer Proj ect No . 18 3 . . . . . . . . . . . . . . . . . 5 Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Water, Sanitary Sewer and Storm Sewer Project No. 183 . . . . . . . . . . . . . . 6 Page 3 Consideration of Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Water, Sanitary Sewer and Storm Sewer Project No. 183 . . . . . . . . . . . . . . . . . . . . 7 - 7 B m Consideration of a Resolution Ordering Preliminary Plans, Specifications, and Estimates of the Costs Thereof: Street Improvement Project No. ST 1989 - 2....... 8 Council Meetinq, October 17, 1988 NEW BUSINESS (CONTINUED): Page 4 Consideration of Approvinq an Agreement to Terminate the Contract with J& O Construction for the 1988 Miscellaneous Concrete Curb, Gutter and Sidewalk Proj ect . . . . . . . . . . . . . . . . . . . . . 9 - 9 C Consideration of Receiving and Reviewing the 1989 Budget of the North Metro Convention and Tourism Bureau . . . . . . . . . . 10 - 10 C Consideration of a Resolution Authorizing Execution of a Revised Convention and Tourism Agreement . . . . . . . . . . . . . . . . 11 - 11 D Receiving the Minutes of the CATV Advisory Commission Meeting of September 15, 1988 . .. 12 - 12 D Council Meeting, October 17, 1988 NEW BUSINESS (CONTINUED): Claims . . . . . . . . . . . . . . . . . . . . . 13 Page 5 Licenses . . . . . . . . . . . . . . . . . . . . 14 - 14 A Estimates . . . . . . . . . . . . . . . . . . . . 15 - 15 F Adj ourn : m fiHE MINUTES Of THE FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 , ,i ; THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 26. 1988 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PRESENTATION BY FRIDLEY VFW POST 363: Mr. Larry Rundle, Commander of the Fridley VFW Post 363, presented a check for $11,500 to the Fridley Fire Department to further their training and equip their pickup truck. Mr. Aldrich, Fire Chief, extended his thanks and appreciation to the VFW for this generous donation. Mayor Nee stated, with this contribution by the VFW, they have supplied both the truck and apparatus to equip this vehicle for the Fire Department. Mayor Nee and the Councilmembers extended their thanks to the VFW Post 363. APPROVAL OF MINUTES: COUNCIL MEETING SEPTEMBER 12 1988: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING SEPTEMBER 19 1988• MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA• The following items were added to the agenda: Consideration of a proclamation proclaiming the week of November 14 through 18 as Nasim M. Qureshi Week and consideration of a resolution commending Nasim M. Qureshi for his services to the City of Fridley. In addition, three other items were added as follows: (13) Consideration of an Agreement for Water Easement for Northwest Orthopedic Clinic; (14) Consideration of Contribution to the Association of Metropolitan Municipalities; and (15) Consideration of Selection of Carpet for Civic Center. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 2 MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PROCLAMATION AND RESQLUTION FOR NASIM M. QURESHI: Mayor Nee issued a proclamation proclaiming the week of November 14 through 18, 1988 as Nasim M. Qureshi Week in the City of Fridley. He stated Nasim is about to complete a distinguished career as a City employee extending more than 25 years. He encouraged citizens to express their own sentiments of gratitude and requested the proclamation be published in honor of Mr. Qureshi's many years of public service and his outstanding contribution to the growth of the community. RESOLUTION NO. 82-1988 COMMENDING NASIM M. OURESHI FOR HIS SERVICES TO THE CITY OF FRIDLEY: Mayor Nee read this resolution which commends Mr. Qureshi for his devoted service to the City of Fridley. He requested this resolution, along with other commendations to Mr. Qureshi by the City Council, be transmitted to the Fridley Historical Society so they may be maintained for posterity. MOTION by Councilman Fitzpatrick to adopt Resolution No. 82-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi stated it has been a good 25 years and he leaves with a sense of accomplishment. He stated he has had good people to work with, the Council, fellow employees, and citizens. Mr. Qureshi introduced his wife, Dr. Halima Qureshi and children, Danish and Sofia, and his brother-in-law Dr. Mushataq Khan. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. PUBLIC HEARING ON THE REVIEW OF A SPECIAL USE PERMIT. SP #85- O1. BY COMMUNITY OPTIONS: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:50 p.m. Mr. Robertson, Community Development Director, stated the Council granted this special use permit on February 24, 1986. He stated one of the stipulations of the special use permit was that, for the first two years, it be reviewed annually at a public hearing. Mr. Robertson also reviewed the other stipulations associated with this permit. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 3 Mr. Robertson stated staff has found the applicant to be in compliance with all of the stipulations and the Police Department has detenained that all police calls to this facility were medical emergencies, miscellaneous information, and lockouts. Mr. Hill, Public Safety Director, stated the stipulations on the special use permit did not address crime issues. He stated from a direct factual point of view, there have been virtually no police problems at Community Options. He stated relative to the calls to the facility, their cooperation with the Police Department has been excellent and these calls have been medical assistance to the residents. He stated in comparing this facility with nursing homes, the number c�f pc�lice calls is relatively the same. Mr. Hill stated there is in the area one particular apartment building which generates a lot of calls to the Police Department. He stated of crimes investigated in the neighborhood, none have been related directly to the residents of Community Options. Councilman Fitzpatrick asked if any comparisons were made on police calls in the area between now and earlier years, Mr. Hill stated these facts could be researched for the last several years, but would require a minimum of two days to compile the information. He stated he did not know what this would accomplish, because the figures would have to be compared with other statistics in the City. Ms. Diane 011endick-Wright, owner and administrator of Community Options, stated she was here this evening to answer any questions by the Council. Councilwoman Jorgenson asked how many residents of Community Options were from Anoka County. � Ms. Wright stated all 14 residents were from Anoka County. Councilwoman Jorgenson asked if a breakdown was available for the number of residents from Columbia Heights and Fridley. Ms. Wright stated she did not have the information available this evening, but could obtain it. Councilwoman Jorgenson stated she would be interested as she had been told by the residents in the area that Community Options was not serving the residents of our area. Mrs. Marge Otten, 5311 4th Street, stated Hennepin County is conducting an audit to determine if it is a wise use of public funds to support these facilities. She stated she would like a similar study done in Anoka County. Mrs. Otten stated these facilities do not care for sick people who cannot pay their way. Mrs. Otten asked for a clarification of the status of a special use permit and if it is a legal binding document or if it can be cancelled. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 4 Mr. Herrick, City Attorney, stated this special use permit was issued by order of the District Court. He stated he would advise the Council that, in his opinion, they should not consider revoking this special use permit without concurrence by the District Court. He stated the special use permit is a legal document binding on both parties. He stated if there are violations that are serious in nature, it could be reason to request the Court to revoke this permit. Mr. Herrick stated when the special use permit was issued, both parties agreed it would be subject to those stipulations outlined in the permit. Mrs. Otten felt Community Options was operating without a license, as the special use permit has not been reviewed. Councilwoman Jorgenson stated the stipulation was not to re-issue the permit on an annual basis, but only to review it. Mr. Herrick stated he would agree that there was no termination of the special use permit. Mrs. Otten stated Community Options is accepting patients they are not licensed to treat who are chemically dependent. She stated residents from this facility have been taken to the detoxification center. She felt this is a violation of their contract with the County. Mrs. Otten stated there is a transient problem in this area and 74 out of 107 families have moved. She stated the families who have remained in the area are those who are retired and cannot move. She stated before Community Options moved to their area, they were a stable neighborhood. Mrs. Otten stated they are forming an Alliance Group with others in Brooklyn Center, St. Paul, Richfield, and Golden Valley to fight the State laws that take away the City's authority. Councilwoman Jorgenson stated the Council did pass a resolution in support of Linda Berglund's bill. She stated she wanted the residents of this neighborhood to be aware that the Council is concerned. Mr. Hill stated a resident of Community Options was taken to detoxification, but that is medical assistance, and not a criminal offense. Ms. Wright stated Community Options does have clients with backgrounds of chemical health problems. She stated their primary diagnosis has to be one of inental illness in order to be admitted to their facility. She stated she would estimate that probably 50 to 60 percent of their clients have had a history of difficulty with chemicals. Ms. Wright stated their clients do not carry a dual dia'gnosis of CDMI (Chemical Dependency/Mental Illness). She stated they can only admit clients to their facility through referral by Anoka County. __ _ FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 5 Mr. Herrick stated the Council does not govern the operation of this facility. He stated whether or not there are violations of the State law or Community Options' contract with the County should be discussed with these bodies. Councilman Fitzpatrick asked Ms. Wright why Community Options accepts persons with a chemical dependency problem when their primary treatment is for mental illness. Ms. Wright stated she believed the number of clients that have chemical health problems, in relation to their mental illness, ranges between 60 to 70 percent. She stated they have a history of using chemicals and difficulty in dealing with their mental illness. She stated if a client comes to their facility and discloses that he has used chemicals, it is necessary for them to be checked by a doctor because of inedications they may be given. Councilman Schneider asked why the police were involved. Ms. Wright stated it may be due to the fact the client does not want to be checked or because Community Options only has single coverage at the facility. Councilman Billings asked if the City staff checked with Ar►oka County to verify that Community Options is in compliance with their contract. Mr. Robertson stated staff has checked with the County and Community Options is in compliance. Mr. Haechrel, 5367 5th Street, stated Ms. Wright has abridged her contract by accepting people who are taking the cure for alcoholism and who are chemically dependent. Mr. Haechrel stated there are also vehicles parked at this facility in violation of the number restricted in the special use permit. He also submitted a photograph of a resid�nt of Community Options on the roof of the facility and felt the residents were not properly supervised. Councilman Billings stated the Council voted against this special use permit, but was ordered by the District Court to issue the permit. He stated Anoka County has stated there is no violation of their contract. Councilman Billings stated as far as the vehicles, there is no way to know if these belong to the residents or visitors. Mrs. Vasecka, 5427 4th Street, stated Community Options should have contacted the City when their permit was to be reviewed. Councilman Fitzpatrick stated a new permit was not issued and the original special use permit remains in force. He pointed out the stipulation was only for an annual review for the first two years after the permit was issued. MOTION by Councilwoman Jorgenson to close the public hearing. FRZDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Paqe 6 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:50 p.m. NEW BUSINESS• 2. CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING THE $UDGET FOR THE FISCAL YEAR 1989: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Councilman Schneider stated when the Council reviewed the Capital Improvement Plan, the Utility Fund in 1989 and 1990 provided for a water study and funds for additional wells to serve the City, as well as stabilize the level of Moore Lake. Mr. Qureshi, City Manager, stated this information was for planning purposes and any expenditures would be presented to the Council for their approval. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 14. 1988: A. CONSIDERATION OF A SPECIAL USE PERMIT. SP #88-12. TO ALLOW AN AIR CONDITIONING HEATING AND ELECTRICAL CONTRACTOR OFFICE IN AN S-1 HYDE PARK NEIGHBORHOOD ZONING DISTRICT ON LOTS 27 AND 28 BLOCK 12 HYDE PARK THE SAME BEING 5973 3RD STREET N.E. BY DONALD DICKISON• Mr. Robertson, Community Development Director, stated this is a request for a special use permit to allow an air conditioning, heating and electrical contracting office in an S-1 zone in the Iiyde Park neighborhood. He stated special use permits were previously granted for different commercial uses for this property despite the fact that the uses did not comply with the intent of the Hyde Park special zoning area. Mr. Robertson stated staff is, therefore, recommending denial of this special use permit based on the code which states that whenever a lawful non-conforming use of a structure is abandoned for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the zoning code. Mr. Robertson stated the Planning Commission has recommended approval of the special use permit with the provision the permit is for this business only and, if the property is sold, the special use permit will expire. He stated in conjunction with the special use permit, several variances were requested which the Appeals Commission reviewed. He stated the Appeals Commission recommended approval of the variances, with one exception. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 7 Mr. Robertson stated the Planning Commission recommended to Council that either rezoning or modifying the S-1 zone in the Hyde Park neighborhood be considered to permit a wider range of special use permits than are allowed in the R-1 zoning district. He stated the S-1 zone is more restrictive than an R-1 zone and it does not allow non-residential uses with a special use permit. Councilman Schneider stated, as he recalls, the intent was if property in the S-1 .zone was destroyed, it would lose its non- conforming status and revert to R-l. Councilman Fitzpatrick stated the purpose of adopting this S-1 zone was to ultimately work towards R-1 zoning in this area. Mr. Qureshi, City Manager, stated the intent was to convert this area to residential. He stated if, however, the use of the property remained the same, it would retain the non-conforming status. He stated if this lawful non-conforming use of a structure was abandoned for a period of 12 months, any future use shall be in conformity with the provisions of the Zoning Code. Councilman Billings stated this building is vacant and is an eyesore in the community. He felt even though it was vacant for a year or more, it probably would never revert to a residential use. Mr. Qureshi stated single family zoning does allow for other uses besides homes, such as churches and senior housing. Councilman Billings stated last year the Council did approve a special use permit for a photocopy business which never materialized. He stated the Planning Commission also recommended approval of a special use permit for a church on this property which would have been an acceptable use. He stated the owner withdrew this request before the item was submitted to Council. Councilman Billings stated the proposed purchaser of this property, Mr. Dickison, was present this evening to answer any questions by the Council. Mr. Dickison stated when he first approached the owner to purchase this property, he was told it had been sold, but that the deal had not proceeded, therefore, he applied for the special use permit and variances. Mr. John Magraam stated they had petitioned to use this building as a church when the owner told him it was sold to somone else. He stated this was a complete surprise to them. Councilman Billings asked Mr. Dickison if he would agree to the stipulation that if he sold the property, the prospective purchaser would need to apply for a special use permit which may or may not be granted. He pointed out to Mr. Dickison that his prospects of selling may be severely limited with this restriction. Mr. Dickison asked if a future owner wished to conduct the same FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Paqe 8 type of heating and air conditioning business if another special use permit would be needed. Mr. Herrick, City Attorney, stated he felt comfortable if the special use permit is issued for the use, and not this particular owner. He stated the other question is if a special use permit is permissible in this zoning district. He stated, frankly, he did not research this question, but believed someone from his office indicated it was permissible. He pointed out that this was previously a commercial use and there are other commercial uses in the area. Councilman Billings felt the question that needs to be addressed is if the Council wishes this property to become residential. He stated there was no opposition from neighboring residents when this special use permit was considered by the Planning Commission. Mr. Herrick stated probably the question on the ultimate use of this property needs to be addressed by the Council. Councilman Fitzpatrick stated he has advised other property owners who wished to have a multiple use of their property that this would not be permitted. Mr. Herrick stated there is a difference in the use of an existing building as opposed to new construction. Mr. Dickison stated he would make substantial improvements to the property over the next several years. He stated he plans to close on this property next week, however, if no action is taken on the special use permit, he would not consider purchasing this property. Mayor Nee stated he was not sure a single family home would be the best use of this property and didn't especially feel a commercial use was wrong. He felt the question is really what is the best use of the land. Mr. Herrick stated the market value for a single family home on this property would be very low. MoTION by Councilman Billings to grant special use permit, SP #88- 12, with the following stipulations: (1) petitioner agrees that any future re-use of the building is subject to finding, through the special use permit process, that the re-use would be compatible with the surrounding neighborhood; (2) a portion of Lot 29, approximately 1,604 square feet will be leased from the City for $1.00 per year as long as the business is in operation at this site; (3) landscaping to be installed as per plan by September 1, 1989; (4) a performance bond or letter of credit for 3 percent of the construction value be given to the City prior to issuance of the building permit; (5) parking demand shall not exceed nine spaces unless additional spaces are provided; (6) install six inch concrete curbing around the entire perimeter of the parking lot including driveway opening by September 1, 1989; (7) parking lot to be sealcoated and striped with nine spaces by September 1, 1989; (8) bollards are to be removed upon installation of landscaping; and (9) petitioner to maintain site immediately by cutting grass FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 9 and eliminating weeds. Seconded by Councilwoman Jorgenson. Councilman Schneider stated if the building had been destroyed, he felt the S-1 zoning is very specific and it could not have been rebuilt. He stated he does agree it is an eyesore. Councilwoman Jorgenson stated under the S-1 zone, the property would have reverted to R-1, if the structure had been destroyed. She stated she is in favor of this business on the property, but did not Iike to rezone for one parcel. Councilman Billings stated he would agree that by granting the special use permit, the strictest interpretation is not being applied. Mayor Nee stated there have been proposals f�r �,rarious uses for this property, therefore, the property has not really been abandoned. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. RESdLUTION NO. 83-1988 APPROVING A SUBDIVISION LOT SPLIT. L.S. #88-04. TO SPLIT A FOUR FOOT T�2IANGLE OFF THE SOUTHEASTERLY CORNER OF LOT 2 BLOCK 2. MARIAN HILLS SECOND ADDITION TO BE COMBINED WITH THE PROPERTY TO THE EAST. LOT 1. B�,OCK 2, MARIAN HILIS SECOND ADDITION. ALL TO CORRECT A CERTIFICATE OF SURVEY DONE IN 1969 (GENERALLY LOCATED AT 1350 52ND AVENUE AND 1340 �ND AVENUE. BY STANLEY AND PHYLLIS PROKOPOWICZ)• MOTION by Councilman Billinqs to adopt Resolution No. 83-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF SUPPORTING SYSTEMATIC CODE ENFORCEMENT IN THE CITY OF FRI LEY: MOTION by Councilman Schneider to refer this item to staff for a proposal, in consultation with the City A�torney's Office, to be presented at some future Conference Meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. ITEM FROM THE APPEAIS COMMISSION MEETING OF AUGUST 30 1988: 1. CONSIDERATION OF A VARIANCE. VAR #88-22, TO REDUCE THE SIDE YARD SETBACK FROM 15 TO 5 FEET; TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 7 FEET: TO REDUCE THE MINIMUM HARD SURFACE SETBACK FROM A PUBLIC RIGHT-OF-WAY FROM 20 FEET TO 7 FEET: TO REDUCE THE MINIMUM HARD SURFACE SETBACR FROM 5 FEET TO 0 FEET AT THE SIDE LOT LINE, TO ALLOW AN AIR CONDITIONING, HEATING AND ELECTRICAL CONTRACTOR OFFICE ON LOTS 27 AND 28, -- FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 10 • : � 4s �_�� 5t� �� MOTION by Councilman Billings to qrant the variances, VAR #88-22, to reduce the side yard setback from 15 to 5 feet; to reduce the rear yard setback from 25 to 7 feet; to reduce the minimum hardsurface setback from a public right-of-way from 20 to 7 feet; and to reduce the minimum hardsurface setback from 5 to 0 feet at the side lot line, but to deny the variance to reduce the minimum hardsurface setback from the main building from 5 to 0 feet, subject to the following stipulations: (1) petitioner agrees that any future re-use of the buildinq is subject to finding, through the special use permit process, that the re-use would be compatible with the surrounding neiqhborhood; (2) a portion of Lot 29, approximately 1,604 square feet, will be leased from the City for $1.00 per year as long as the business is in operation; (3) landscaping to be installed as per plan by September 1, 1989; (4) a performance bond or letter of credit for 3 percent of the construction value be given to the City prior to issuance of the building permit; (5) parking demand shall not exceed nine spaces unless additional spaces are provided; (6) install six inch concrete curbing around the entire perimeter of the parking lot including driveway opening by September 1, 1989; (7) parking lot to be sealcoated and striped with nine spaces by September 1, 1989; (8) bollards are to be removed upon installation of landscaping; and (9) petitioner to maintain site immediately by cutting grass and eliminating weeds. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Conunission Meeting of September 14, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR THE MOORE LAKE WEST BASIN AERATOR PROJECT NO. 182 ,�TABLED 91ia�ss) : � Mr. Burch, Assistant Public Works Director, stated four bids were received for this project and staff is recommending the low bid from Sevcon, Inc. for $15,476 be accepted. MOTION by Councilman Schneider to receive the bids: Sevcon, Inc. Route l, Box 330 Cokato, I�i 55321 Becklin Bros. Route 1, Box 448A Cambridge, I�T 55008 Park Construction Company 7900 Beech Street N.E. Fridley, I�J 55432 $15,476.00 $24,800.00 $28,987.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 aye, Mayor Nee declared the motion carried unanimously. Page 11 MOTION by Councilman Schneider to award the contract for the Moore Lake We,st Basin Aerator Project No. 182 to the low bidder, Sevcon, Inc. in the amount of $15,476. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked what is being done to make this aerator aesthetically pleasing. Mr. Burch stated the bank on which the aerator is located is quite steep and did not feel it would be very noticeable from the road. He stated there would be a canvass canopy over the entire structure to screen the mechanical supports. Mr. Burch stated if the apperance is objectionable to the Council, some small trees could be planted. Councilman Schneider stated he would like to leave the options open until next spring. He stated if there is not anything definite as far as development, possibly there could be some berming which is acceptable to the residents. Mr. Burch stated the aerator is only a temporary above ground structure until plans are finalized for development of the adjacent property. Councilman Schneider felt a letter should be sent to the residents on the east and west basins of Moore Lake explaining to them why the aereator is being installed. Mr. Qureshi, City Manager, stated staff could send a letter, with a map, advising residents what the City hopes to achieve and what is proposed to minimize the visual impact. 5. RESOLUTION NO. 84-1988 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: WATER SANITARY SEWER & STORM SEWER PROJECT NO. 183: MOTION by Councilman Fitzpatrick to adopt Resolution No. 84-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF AN AMENDMENT TO THE SOLID WASTE ABATEMENT JOINT POWERS AGREEMENT 1988-89: MOTION by Councilman Billings to authorize the execution of Amendment No. 1 to the Joint Powers Agreement with Anoka County for solid waste abatement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 85-1988 SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL NO. 49. AFL-CIO fPUBLIC WORKSI FOR 1987-1989: FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 12 Mr. Hunt, Assistant to the City Manager, stated the 1987 contract covering these Public Works employees called for renegotiation of wages and insurance only for i988 and 1989. He stated the aqreement negotiated would provide that the City make an employer's contribution of $185 per employee per month toward qroup health and life insurance including dependent coverage for 1988. He stated, in 1989, the amount will be the greater of $185 or the average amount paid by the employer for non-management/non-essential employees. Mr. Hunt stated in regard to wages, workers in the job classification of Maintenance I would receive a 3 1/2 percent increase over 1987 for 1988. He stated, in 1989, workers in this classification would receive an increase of 1 1/2 percent over the 1988 rate. He stated, in addition, in 1989, they would receive a lump sum payment equal to 2 percent of the base rate for normally scheduled hours. Mr. Hunt stated for employees in all other job classifications (Maintenance II, Specialist, and Maintenance III) there would be a 1 1/2 percent increase in the base rate of pay each year plus a 2 percent lump sum payment. MOTION by Councilman Schneider to adopt Resolution No. 85-1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 86-1988 AUTHORIZING PAYMENT OF LUMP PAYMENTS TO CERTATN EMPLOYEES REPRESENTED BY THE INTERNATIONAL UNION OF OPERATING ENGINEERS. LOCAL NO. 49, AFL-CIO. FOR 1988 AND 1989: MOTION by Councilman Schneider to adopt Resolution No. 86-1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 87-1988 DESIGNATING OFFICIAL SIGNATURES FOR THE CITY OF FRIDLEY: MOTION by Councilman Schneider to adopt Resolution No. 87-1988. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 22433 through 22685. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTIMATES: FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 13 MOTION by Councilman Schneider to approve the estimates as submitted: Herrick & Newman, P.A. 6401 University Ave., N.E. Fridley, I�IIJ 55432 For Services Rendered as City Attorney For the Month of August, 1988 Astech Corporation P.O. Box 1025 St. Cloud, 1�T 56302 � $ 3,441.15 Street Improvement Project No. ST. 1988 - 10 (Sealcoat) FINAL ESTIMATE $ 8,278.80 Ernst Associates 122 West Sixth Street Chaska, MN 55318 Lake Pointe Corporate Center Partial Estimate Eugene A. Hickok & Associates 545 Indian Mound Wayzata, MN 55391 Moore Lake Restoration Project No. 149 Partial Estimate H & S Asphalt 1700 Industry Blvd. Anoka, MN 55303 $ 2,090.00 $ 166.00 Street Improvement Project No. St. 1986 - 1& 2(Phase 2) Estimate No. 11 $37,526.90 C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 4 $47,264.78 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF AGREEMENT FOR WATER EASEMENT FOR NORTHWEST ORTHOPEDIC CLINIC: Mr. Burch, Assistant Public Works Director, stated this agreement defines the Clinic's responsibilities concerning the water easement. He stated the agreement has been reviewed with the City Attorney. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 14 Mr. Herrick, City Attorney, stated the reason for the agreement is to basically satisfy the mortgage company. MOTION by Councilwoman Jorgenson to authorize the Mayor and City Manager to enter into this aqreement for a water easement with the Northwest Orthopedic Clinic. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CONSIDERATION OF CONTRIBUTION TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES: Councilman Fitzpatrick stated he serves as the Council's representative to the Association of Metropolitan Municipalities and the Coordinating Committee has been working for development of a property tax reform proposal, a key element which will be retention of the principles of a Homestead Credit. He stated this effort would cost about $185,000 for computer data update and proposal development. He stated in order for them to proceed with this upgrade of data availability, they are enlisting the support of cities. He requested the Council consider authorizing a contribution towards this effort. MOTION by Councilman Schneider to authorize a$1,000 contribution to the Association of Metropolitan Municipalities. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CONSIDERATION OF SELECTION OF CARPET FOR CIVIC CENTER: Councilman Billings stated when bids were received, there were some options on the grade of carpeting to be installed at the new Civic Center. He stated he felt comfortable in proceeding with the carpeting proposed in the original specifications which carried a ten year guarantee. MOTION by Councilman Billings to authorize the acceptance of the carpet which was bid in the original specifications. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. JUAN SALAS - 5810 5TH STREET: Mr. Salas addressed the Council relative to the use of the soccer field at Locke Park. He stated he would like the grass cut and the field chalked. Mr. Salas stated he is trying to organize a recreational soccer league and wished to use the soccer field. Mr. Qureshi, City Manager, stated when there are organized leagues, the City does mow and stripe the fields. He stated the City has a policy which prohibits individuals from chalking a field. Mr. Qureshi stated he would suggest to Mr. Salas that he contact the Parks and Recreation Commission with his request. Mr. Salas stated it is hard for him to attend these meetings because of his work hours. He stated he would use his own chalk FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 15 and stripe the fields himself, if he was permitted to do so. He stated he has a letter from Woodcrest School and they also wish to use the soccer field. Mr. Qureshi asked Mr. Salas to send him a copy of the letter from the school. He also urged Mr. Salas to attend the Parks and Recreation Commission meeting. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Reqular Meeting of the Fridley City Council of September 26, 1988 adjourned at 10:12 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor � , � � 'THE MINUTES�OF THE FRIpLEY CITY COUNCIL MEETING OF pCTOBER 3, 1988 � �B I[INLTT86 OF TSE REGQLAR ![EETZNG OF' T88 1rRIDLEY CITY COIIIdCIL OF OCTOHER 3. 1988 The Reqular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: 1Kayor Nee led the Council and audienas in the Pledqe of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Cou�ncilwoman Jorgenson, Councilman Sch�neider, Councilman Fitzpatrick an�d Councilman Billings MEMBERS ABSENT: None Mayor Nee stated this meeting marks the end of an era and the beginning of a new era. He stated th�e City's past City Manager of many years has retired and tonight ithe Council introduces their choice for the new City Manager, Bill. Burns. Mayor Nee stated Bill is from Ohio and he was selected by the Council out of a field of 60 very firie candidates. Dr. Burns stated he feels very fort�unate to be in Fridley. He stated everything he has seen has been very positive and Fridley is a fine community. He stated he looks forward to working with the Council, staff, and citizens i�z continuing the quality of governmental services in the City. SISTER CITY - FOURMIES, FRANCE: Mayor Nee introduced Mr. Marceau Batteux, President of Fridley's Sister City, Fourmies, France. Mr. Baitteux stated he is in Fridley to determine what the citizens think about the connection between the United States' independence and the French Revolution. He stated ceremonies commemorating the French Revolution will be held next year in France and wanted to invite the citizens of Fridley to participate. Mayor Nee also introduced Mr. Andre l?erron who is associated with the Voice of the North Newspaper in 2torthern France. ADOPTION OF AGENDA• IdOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion c�irried unanimously. OPEN FORUM, VISITORS; FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Page 2 INTRODUCTION OF PLANNING COORDINATOR: Mr. Robertson, Community Development Director, introduced the new Planning Coordinator for the City, Ms. Barbara Dacy. He stated Ms. Dacy comes highly recommended from the City of Chanhassen where she has worked for the last five years as Planning Director. Mayor Nee and the Council welcomed Ms. Dacy to the City of Fridley. OLD BUSINESS• 1. ORDINANCE NO. 917 ADOPTING THE BUDGET FOR FISC�L YEAR 1989: Mr. Pribyl, Finance Director, stated this ordinance has not changed since the first reading on September 26, 1988. He stated the budget does provide for an increase in tax levy which is in accordance with the Council's wishes to reduce the dependency in the fund balances. Councilman Schneider asked what affect this budget has on the typical homeowner in regards to the City's portion. Mr. Pribyl stated as far as distribution of taxes, the City's portion will remain the same. He stated the State Legislature has changed the computations into tax capacity rates and it is very difficult to provide the actual increases. He stated on a home with a market value of $71,700, the gross tax would go up 6.38 percent or $12.00 on the City's gross tax. Councilman Schneider asked when actual figures would be available. Mr. Pribyl stated the County has advised that after the certification date of February 1, solid figures should be available. He stated the figures should be fairly accurate unless the City is obtaining wrong computations from the County. MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 917 on the second reading and order publication. Seconded by Councilman Schneider. Councilwoman Jorgenson stated she received a number of calls in regard to the homestead credit and residents asked if taxes would increase by $700 next year. Mr. Pribyl stated he understands one of the key elements of the new tax law is to phase out homestead credit, but an increase in the amount of aid. He stated the net effect remains the same and there should be no change in the phasing out period. Councilwoman Jorgenson asked if residents would receive an increase of $700�in property taxes in 1990. Mr. Pribyl stated they should not receive such an increase. �'RIDLEY CITY COUNCIL MEETING OF OCTOF3ER 3, 1988 Page 3 UPON A VOICE VOTE TAI�N ON THE ABOV.E MOTION, all voted aye, and Mayor Nee declared the motion carrieci unanimously. NEW BUSINESS• 2. RESOLUTION NO. 88-1988 CERTIFYINt3 TAX LEVY REOUIREMENTS FOR 1989 TO THE COU�TTY OF ANOKA FOR ��OLLECTION: MOTION by Councilman Fitzpatrick to �3dopt Resolution No. 88-1988. Seconded by Councilman Schneider. U'pon a voice vote, all voting aye, Mayor Nee declared the motion c��rried unanimously. 3. RESOLUTION N0. 89-1988 CERTIFYZNu CERTAI�i DELINQUENT WATER AND SEWER CHARGES TO THE COUNTY i�iUDITOR FOR COLLECTION WITH THE 1989 TAXES• MOTION by Councilman Schneider to adopt Resolution No. 89-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion c�3rried unanimously. 4. RESOLUTION NO. 90-1988 CERTIFYINI; CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CER'.PAIN PROPERTIES FOR C�OLLECTION WITH THE TAXES PAYABLE IN 1989 �WEED�� MOTION by Councilman Fitzpatrick to �3dopt Resolution No. 90-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion c�3rried unanimously. 5. RECEIVING THE MINUTES OF THE PI,�ANNING COMMISSION MEETING OF SEPTEMBER 28. 1988: A. CONSIDERATION OF A SPECIAL USE PIERMIT. SP #88-13, TO ALLOW AUTOMOTIVE AGENCIES SEL:LING OR DISPLAYING NEW AND/OR USED MOTOR VEHICLES, ��N PART OF LOT 2, BLOCK 3, EAST RANCH ESTATES SECO]'�D ADDITION. AN ADDITION TO NORTHTOWN NISSAN'S E:KISTING INVENTORY, THE SAME BEING 7810 UNIVERSITY A'iIENUE N.E.: Mr. Robertson, Community Development: Director, stated this is a request for a special use permit to ��xpand the outdoor storage to the south of Nissan's existing facility. He stated one of the stipulations recommended by the Plan�ning Commission was to vacate the existing easement for the strE.et, but retain the utility easement. Mr. Robertson presented the site plan which indicated this proposed storage area in blue. He stated some: of the perimeter parking has been designed for employee parking a�nd these stalls would be ten feet wide and the parking stalls us�ed for storage would be nine feet wide. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1988 Page 4 Mr. Robertson stated the updated drainage plan has been approved by the Public Works Department. He called the Council's attention to one of the stipulations recommended by the Planning Commission regarding the automatic irrigation system. He stated it is recommended that no automatic irriqation system be installed to the south until such time as there is development. Mayor Nee felt the City should retain the authority to order this automatic irrigation system be installed, if it becomes necessary. Councilwoman Jorgenson asked why it was recommended the street easement be vacated and not the utility easement. She felt if Nissan ever sold the property to the south, there would be a problem with access. Mr. Flora, Public Works Director, stated the City had an easement from some of the property owners, but not sufficient land for a full width street. He stated since the City does not have sufficient right-of-way for a street, it would be appropriate to vacate the street easement, but maintain the utility easements. He stated if this is done, the two parcels should be combined. Councilwoman Jorgenson stated she wanted to make sure in the event part of the property was sold, there would not be a problem with access at some future date. Mr. Robertson stated a stipulation could be added that these parcels be combined into one tax parcel. Mr. Herrick, City Attorney, stated if this property is combined into one tax parcel and Nissan, at some future date, wanted to sell these parcels separately, it would be necessary for them to apply for a lot split. He stated the question of accessibility could then be addressed at that time. MOTION by Councilwoman Jorgenson to grant special use permit, SP #88-13, with the following stipulations: (1) install landscaping as per City approved plan by September 23, 1989; (2) install automatic irrigation by September 23, 1989 on the north, east and west sides of the property and on the south side of the property, as deemed necessary by the City; (3) remove tires from northwest corner of lot; (4j all new and used cars must be stored on site (not on any adjacent properties); (5) the fee owner formally requests the City vacate the 30 foot street easement on the site; the 30 foot utility easement would be retained; (6) vehicles cannot be displayed on the boulevard area between the Northtown Nissan parking lot and the University Avenue service drive; and (7) that these parcels all be combined into one tax parcel. Seconded by Councilman Fitzpatrick. Councilman Billings asked if Nissan was purchasing this property or leasing it. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Pace 5 Mr. Pat Ringold, Northtown Nissan, stated they were purchasing the property. Councilman Billings stated there is no formal request before the Council for vacation of this easement. Mr. Robertson stated one of the stipulations of this special use permit was for the fee owner to formally request vacation of the street easement. He stated this vacation would have to be processed through the.normal procedures in order to legally vacate the street easement. Councilman Billings stated as he recalled with the Abra development, Mr. Schroer, the property owner, was to combine all parcels into one. He stated if this has been done, the Council would be taking action on a lot split. Mr. Robertson stated he did not believe the parcels were ever combined. Mr. Flora stated Mr. Schroer recently obtained legal ownership of the parcel (shown in blue on this plan) and, therefore, it has not been combined with the other parcel. Mr. Ringold stated all the paperwork involved in purchasing this property has been given to their corporate attorneys. He stated the attorneys are satisfied that Mr. Schroer is the owner and did not have any problem with proceeding. Councilman Billings stated his concern is if Mr. Schroer is the owner or what implications there may be if someone else has title to the property. Mr. Herrick stated he was sure Nissan would not purchase the property unless they were satisfied with the title. He stated an ordinance is necessary to formally accomplish the vacation. He felt action on this special use permit need not be delayed, if the City has an application for the vacation from the fee owner. He stated construction on the property would not begin anyway until the purchaser has title. Mr. Herrick stated he would suggest when Nissan becames the fee owner, they make application for the vacation of the easement and then the special use permit would go into effect so they could proceed with blacktopping the parking area. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of September 28, 1988. Seconded by FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3 1988 Paae 6 Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. �2ESOLUTION NO. 91-1988 RENAMING THAT PART OF RICE CREEK ROAD BETWEEN HIGHWAY 65 AND CENTRAL AVENUE: Mr. Flora, Public Works Director, stated the developers of Moore Lake Commons have requested this part of Rice Creek Road lying between Highway 65 and Old Central Avenue be renamed East Moore Lake Drive N.E. Councilman Schneider asked if any private residences would be affected. Mr. Flora stated only a few businesses located in the Moore Lake Commons development would be affected. MOTION by Councilman Schneider to adopt Resolution No. 91-1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 92-1988 APPROVING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF OPTICOM ON UNIVERSITY AVENUE: Mr. Flora, Public Works Director, stated this resolution would authorize the City to enter into an agreement with the Minnesota Department of Transportation for installation of emergency vehicle traffic control pre-emption systems. He stated this system would be installed on University Avenue at the intersections of 49th Avenue, 53rd Avenue and I-694. MOTION by Councilman Fitzpatrick to adopt Resolution No. 92-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF A RESOLUTION REOUESTING THE STATE OF MINNESOTA TO PROVIDE FUNDING TO SUPPORT SOLID WASTE ABATEMENT ACTIVITIES SPONSORED BY LOCAL GOVERNMENTS: MOTION by Councilman Fitzpatrick to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated when this resolution is re-submitted to the Council, James Kordiak's name should be added to receive a copy of the resolution. 9. CONSIDERATION OF APPROVING ADMINISTRATIVE PROCEDUR�S FOR PAY APPLICATIONS AND CHANGE ORDERS FOR THE FRIDLEY CIVIC CENTER• FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1988 Pacxe 7 Mr. Robertson, Community Development Director, reviewed the pay application procedure in conjunction with the Civic Center construction. He explained that individual contractor invoices will be submitted to Bossardt Christenson for approval and they would prepare three pay applications, one each for the Fire Station, Civic Center and Plaza Ramp. He stated the pay application form will be the AIA Form G702/?03 and aopies will be submitted for disbursement to all interested parties. Mr. Robertson stated Boarman and Associates and Bossardt Christenson will review completed pay applications and, when approved, Bossardt Christenson will submit them to the City for payment. He stated the City shall receive the original invoices and any copies required, and an invoice summary prepared by Bossardt Christenson shall accompany the invoices. He stated it is anticipated the pay applicatians would be submitted to the Council at their second meeting of the month. Councilman Schneider asked how many of these invoices the Council would receive each month. Mr. Ron Christenson, Bossardt Christenson, stated probably around 30 per month. Mr. Robertsan explained the change order process. He stated the architect, Boarman and Associates, will prepare a written proposal request based either on the City's request for change or architect's directive. He stated Bossardt Christenson will issue the proposal request to all contractors involved who will approve it with the cost estimates. He stated when all costs associated with this request are received, Bossardt Christenson will present the costs to Boarman and Associates and the City. He stated Bossardt Christenson will draft corresponding change orders to each individual contractor pertaining to the specific proposal request. He stated the City staff will then present the proposal request to the Council for approval or rejection. Mr. Robertson stated if the change order is approved, it would show an amended contract amount. Mr. Christenson, Bossardt Christenson, stated the change order will specifically describe the change and each contractor that is involved. Mr. Robertson reviewed the procedure when immediate action is required and approval of the change order cannot wait until the next Council meeting. He stated the Council has given the City Manager discretionary authority to immediately authorize the work to proceed if it does not exceed $10,000. He stated the City Manager would authorize the work and the change order would proceed and be gresented at the next Council meeting. He stated if there was a problem where the $10,000 ceiling would be exceeded, a special meeting of the Council would be scheduled. Councilman Schneider felt it would be helpful to have a summary of the total amount of change orders issued for the Fire Station, FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Pave 8 Civic Center and Plaza Ramp and the total amount remaining in the contingency fund. Councilwoman Jorgenson stated an update on a bi-weekly basis as to whether or not the project is on schedule would be beneficial. Councilman Schneider felt a short narrative on what has been accomplished in the last week and what would be happening in the next several weeks should be included. Mr. Robertson stated this has been occurring for the last several months. He stated a weekly report is received from Bossardt Christenson on each of the contract items. MOTION by Councilman Billings to approve the pay application/change order process as submitted by staff. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 93-1988 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE NOVEMBER 8, 1988 GENERAL ELECTION• Mrs. Shirley Haapala, City Clerk, stated this resolution is to appoint election judges. She stated the judges have been selected from both the DFL and IR lists in accordance with State Statutes. Councilman Schneider asked the salaries for the election judges. Mrs. Haapala stated the judges receive $4 per hour and the Head Judge receives $5 per hour. Councilwoman Jorgenson asked if all the judges were female. Mrs. Haapala stated the election judges can be either male or female and that she had received an inquiry from a gentleman regarding serving as a judge. MOTION by Councilman Fitzpatrick to adopt Resolution No. 93-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he and the Council felt Mrs. Haapala does a terrific job in supervising the elections. 11. CONSIDERATION OF A SUBGRANTEE AGREEMENT WITH ANOKA COUNTY �OR 1988 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Councilwoman Jorgenson stated she would abstain from voting on this item. MOTION by Councilman Schneider to authorize entering into the Subgrantee Agreement with Anoka County for 1988 Community FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1988 Page 9 Development Block Grant Projects. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick, Mayor Nee and Councilman Billings voted in favor of the motion. Councilwoman Jorgenson abstained from voting on the motion. Mayor Nee declared the motion carried. 12. RESOLUTION NO. 94-1988 TO MINNESOTA CONGRESSIONAL DELEGATION IN SUPPORT OF CERTAIN AMENDMENTS TO HR-2530: MOTION by Councilman Schneider to adopt Resolution No. 94-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF MAY 23, 1988• MoTION by Councilman Billings to receive the minutes of the Charter Commission Meeting of May 23, 1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CLAIMS• MOTION by Councilman Billings to table the claims. Seconded by Councilwoman Jorgenson. Councilman Billings stated the Council did not receive a copy of the claims. Mr. Pribyl, Finance Director, stated if the claims are tabled, there could be a problem with the City meeting the statutes of limitation as far as paying some of the claims. Councilman Billings withdrew his motion, with the permission of his seconder, Councilwoman Jorgenson. MOTION by Councilman Billings to approve Claims No. 22686 through 22804. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16 . ESTIi�ATES • MOTION by Councilman Schneider to approve the estimates: Herrick & Newman, P.A. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Paqe 10 6401 University Ave., N.E. Fridley, IrIIJ 55432 For Services Rendered as City Attorney For the Month of September, 1988 TKDA 2500 American National Bank BZdg. St . Paul , I�IId 55101 Commons Park Filtration Plant Project No. 162 Partial Estimate C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 5 Shank Mechanical 3501 - 84th Ave. Minneapolis, MN 55443 Commons Park Filtration Plant Project No. 162 Estimate No. 10 $ 2,324.00 �� $ 1,225.00 .� $39,050.06 � �'�' $82,735.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �g�� ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 3, 1988 adjourned at 8:45 p.m.' Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor � ! cinroF F�� TO: FROM: DATE: CO]1IIMUNITY DEVELOPMENT DEPARTIV�ENT M EMO RAN D UM William Burns, City Manager �.�� Jock Robertson, Community Development Director October 13, 1988 REGARDING: Special Use Permit, SP �77-04, Apache Camping Center, 7701 East River Road N.E. CONSIDERATION Apache Campinq Center, 7701 East River Road N. E. , was granted a special use permit on July 25, 1977 to allow the sales and service of recreational vehicles in a C-3 zoning district. One of the ten stipulations attached to this permit has been violated, causing the possibility of revocation. This stipulation is: l. There be a maximum of two units (one on each concrete slab located adjacent to the show room) displayed in front of the showroom. Recently, six trailers were being displayed in front of the buildinq line. BACKG O Within the past ll years, several conditions of the special use permit have been violated includinq the one being reviewed �on October 17, 1988. In 1986, the City Council held a revocation public hearing for violation of the same stipulation. The main concerns were the screeninq of trailers from adjacent residential districts and the overcrowdinq of vehicles on the site. A compromise was made between the City and Apache Camping Center and permit compliance was reached. Last sprinq, however, Apache Camping Center began violating the above referenced stipulation again. The-intent of this stipulation is to minimize the visual impact the outside storaqe of campinq vehicles has on the adjacent residential neighborhoods. By limiting the number of display vehicles in front of the showroom and requirinq the petitioner to store trailers in the rear and side yards, this objective could be reached. City staff has worked with the manager of the Center, Mr. Jim Pawelski, rather than the owner, Jack Thompson. Mr. Pawelski stated the display of the six trailers in front of the buildinq line does not violate this objective due to their placement (see attached photographs). This excess of display vehicles has had a minimal impact on the surrounding residential neighborhood, but is detrimental to the general public in other ways. 1A Apache Camping Center October 13, 1988 Page 2 This stipulation is being violated due to the overcrowding ot_ trailers on the site. Currently, 54 vehicles are being stored outside. In 1983, Mr. Pawelski submitted a site plan to the City which designated 14 employee/customer parking stalls and 46 outside storage units. The excess of outside storage has caused Apache Camping Center's parking lot to become obsolete. Code requirements are not being met regarding parking stall size, number of parkinq stalls available, and driveway aisle width. As a result, the chance of vehicle damage, building damage, and bodily injury increases the threat to the public's health, safety and general welfare. CONCLUSION Apache Camping Center's special use penait has become detrimental to the public's welfare because the excess storage of vehicles has caused the parking lot to be inadequate. This excess storage has also caused the violation of a stipulation which states there be a maximwn of two units (one on each concrete slab located adjacent to the showroom) displayed in front of the showroom. It is the City's staff position that the special use permit conditions agreed upon have been violated, therefore, the City has the right to terminate such permit. Minnesota Statute 462.3595, Subdivision 4, states that a conditional use permit shall remain in effect as long as the conditions are in compliance. If not, the City has the right to revoke the permit. If the Council revokes the permit, the City will pursue the matter throuqh the court system to terminate the use. Should the Council feel revocation is not warranted, it is recommended that the applicant comply with the above referenced stipulation by November 1, 1988. Please note that the City received a petition to rezone the property to the north from C-3 to R-3. Perhaps the Council should determine the future land use and needs for this area. Should rezoninq this property to a similar use be considered? KC/dn M-88-272 _ � ciN oY FRlDL REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES PARK DEDICATION S TAFF REPORT APPEALS DATE : N/A PLANPWG COMuNSSiON DATE : N/A CITy GpI�VC�.. DATE : October 17, 1988 ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO ADOPTED LAND USE COMPATIBILITY WITH ADJACENT USES 8� SERV ENVIRONMENTAL CONSIOERATIONS STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP 1�77-04 Mr. Jim Pawelski Public hearing for revokation of a special use permit which allows the operation of sales and service of recreational vehicles. 7701 East River Road N.E. 64,000 square feet. 167 lot coverage C-3, General Shopping District N, R-3, Multiple Family; S, R-3, Multiple Family; E, M-2, Heavy Industrial; W, R-3, Multiple Family. N/A Yes, as a special use The violations of this permit have become detrimental to the general welfare of the surrounding community. N/A N/A N/A N/A W 1C PCBLIC HEARIl� BEFDRE 'II3E Cil'Y QJUNCIL Notice is hereby given that there will be a Public Hearing of the City Cour�cil of the City of Fridl�r at the Q�NA�iTN�Y E�7tJCAT�N CII�ER 6085 - 7ZH S�REET N. E. on Nbr�day, October 17 , 1988 at 7:30 p.m. for the pur�ose of : Consideration of Possible Revokation of a Special Use Permit, SP #77-04, to allaw the sales and service of recra3+�ioral vehicles on Lot 1, Block 1, Pasrson's Secorrl Addition, the same being 7701 East River Road N. E. , A�che (.�nping Center Ar�r and all persons desiring to be heard shall be given an apportunity at the abave sta ted time and place. W ILL ]AM J. NEE 1�'�YO R Publish: October 5, 1988 October 12, 1988 Ar� questions related to this iten may be referred to the Fridley Cu�anunity Develapnent Deg�rtrnent, 571-3450. Review of Apache Camping Center SP ��77-04 Apache Camping Center 7701 East River Road N.E. Fridley, MN 55432 Jack Thompson 8249 Mississippi Boulevard N.W. Coon Rapids, MN 55433 Watkins Brothers P.O. box 87 Sauk Rapids, MN 56379 Barry Blower Co. 99 - 77th Way N.E. Fridley, MN 55432 Snyder General Corp. 2001 Ross Avenue Dallas, TX 75201 John Dunphy 155 Stonybrook Way N.E. Fridley, MN 55432 Charles Martin 133 Stonybrook Way N.E. Fridley, MN 55432 F1oyd Ruggles 2453 East Cowern Place North St. Paul, MN 55109 J and S Enterprises 6490 Riverview Terrace N.E. Fridley, MN 55432 Resident 106 - 77th Way N.E. Fridley, MN 55432 Resident 7673 East River Road N.E. Fridley, MN 55432 Richard Iverson 119 Craig Way N.E. Fridley, MN 55432 Edward Jonak 133 Craig Way N.E. Fridley, MN 55432 Council 8/16/88 9/29/88 Wayne Webb 146 Stonybrook Way N.E. Fr:idley, l�i 55432 Llc�yd Meyers 13:? Stonybrook Way N.E. Fr:idley, MN 55432 GlE�n Bellefeuille 7680 East River Road N.E. Fr��dley, MN 55432 City Council Members Plannng Commission Chair � � J� '� •� . � ' - � . .. . • � ; ` ' � • STi Sc, E! :/r!1 �l �7 1 � � 3� x i T , a� � .�' � Z ' STREET . _ `,A' I jl � -�:.� ,` 1 � s�j�: << - 1r Q . . � _ ( fr � : , . . c� ,: i i� ( 9 �. 7 5 c�i ., � � 9 . / � f: y , / � � � � � utwv u r • n'L' .��. ^ — M! l� I; 1 �S,s . �> ; z �� s� .• � �d . — .� Y � �. j) s: . 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LOCATION MAP �� +, . � � ♦ ii� f *» s , �= ,� , 1' s � � SP 4�77-04 7701 East River Rd. t " �;,� t ' t,� �.� � � ,,,�J � `? �� •� �a%+' �' ��' � �` � �� E �� ';-� � �� 1 '� � .� � � �� `'.�'.,`� �' � � � � � '�� d� � ,� �+� � '\ r • ' ` � � : � � � � �� rj � '� '� �:� � �� `w, � t.� .,� � �;i "`j „' '� .,�' �, � ' ' �� •,`'`� � -.��'��„ �� '�''� � � �� . � -.,. • � � �! � � , s^ �. _ . .* .:s . .� `. � v , �� ":� �,;� .�'�; ,�` - - -- ---- / m �� i . z� ; �� S�,K �;;, i� :�r �� P� BERTY fe � � ��` 1 � � �4G/ � ♦ • •.� • � � � 2•••.� •• �•4• ... � ... • . . � . . i0'�"J � � � `� :1�:, ' �� • � . � • �'!� � � •'r • � ► �- i� _�. t � • '{�� 1 � '�,, d9 � •�• •��•�•�•� ��ij ' l�f� k � •� � � ��• • • •�• • • • ••�.�' � 4�� • � •,�, ��•• • � � � • � � • • ,r �,`� Q �St •'�• ♦ � • • • • �( • • 139 •��'�., �'y ,� • �'' < "' �` '.il��t • • *�d1�.'. s �, t'� +_ �`�y, �S � ` •M� ` ; •�� . � ��•� � •�� \ �i"' � � • • � i. + • .«��6� • ••.7 � � ' ` ��i `ti � Q �Py �� :�:�r• • • • • •t �1 � ' � • �• . 15�."• • � �� ' � � . .' � `. . . . �• 0 1� ► � . `�'� � �� • i ' � , . � • �� • � � 1� , y S � �, � ts - • . • •• �� ' 2a � �. 1� � � •`� � `� ♦ � � • � NO 4� % " . . • • .�1. ♦ r f� �, �� '� •�. 5 A j , i• AQ7 . f' �a �� t � . �� . • - - - ., u � ZONiNG MAP -_ 1F 2. �!�.�.� M� . s:MVI.. • - , �./:.,, : �; Ms. I�lmer, 1329 Gardern Avenue, etated her hame is located to the west of Fafth Aoademy and her bnck yard fs also a holding area. She felt this property w�s not a feasihle site for a cfiurdi � pnrking lvt. She st.ated on the eeist gide of the school, the drfveWay is right nest to �he bedrooa► windo�ws of a residential �elling. /' ��ncilman Sc�neider felt it was pre-mature to take actio on the special use permit until it is laiawn if Rbtino-Graae will a ave the perking a�eenent. IYDT�ON by mu�►cilman Sd�neider to tahle this item �tdNaveaber 17, 1986 for results of Tbtiro-Grace's action on the parkin agreeaent. Plirther, if Zbtirr�Graae denies �ur� on the Mave's reque , the petitioner is to work with staff relative to prop�aed pnrkinq, acoe , and drai�ge on their site. Sea�nded by O��cilman Goodspeed. [lpon a vi ce vote, all v�ting aye, Mayor Nee declared the mation anrried uraanimcus . (buncilman Goodspeed felt there is larger problem which has to be addressed and that is if �urci�es ar an ap�propriate �se for R-1 property. 1rD'i'ION ty Co�cilman Goodspeed �o direct staff to prepare propcsals to f orward to the Pl anning Co�anis on for a reoommenda ti on f f th e z oni ng f or cfiurci�es should be dianged. nded by Q�incilman Sci�rieider. Councilman Schneider f� there are a nunber of iteqns which should be addressed rec�►rding u9e in an 1�1. zore with a special use pecmit. Mr. Aerrick stated e vast majority aF churci�es are in an R-1 zone and if this �is cfianged, i would mean ti�ey would beaome a ron-oor�forming use. Cbindlman S ider stat�d possi4ly a special zoning could be created to eliminate th' Fsrtiailar pcoblen. Mayor Nee elt possihly staff should ciieck with other aaam�nities to see how they e these situations. c1�DN VOI� V� TAt�I (N �IE ABoVE I�DTIDN, a11 voted aye, and Mayor Nee de ared the motion �rried unarw�ausly. ��,�L N 7�1; : Y • � �, : � �. :r; : i : � {�: i : :: �:i v: ��• 11. r��/y�+: Mr. Imbertson, Q�mmunity Developnent Director, stated there were some modifiwtions in the landscapang plan whidz were pointed out to Ms. Martin. ee stated Ms. Martin felt this is the. best that can reasonably be a000mplished. 1�. A�bertaon state�d the p�sitioning of a�e c� the fr�t yard trailers and the Black eills spruae for year aro�md screening should help aoaomplish the ecreening objective. He stated the awrer, Mr. Ftiwelski, supp�rts this idea if he ann p�si�ion the one trailer differently in the Wi�er for enow reawal purposes. Ms. l�rtin, 133 Stoneybrook Way, stated the landscap�ing plan d�es not ac3cbress screening between the frortit and 6nck yards. She stated if the City -fi- 1G ��,1., M• ,i��iY1. • ' , �./+� = �; 1H is not cping to address it, this is probably the best that can be acx�omplished. She questior�ed where the trailer would be plaoed in the wiriter. Mr. i�welski stated ttie trailer is row pnrallel t� the street and staff has requested it be mwed further s�uth. Ae stated he woul8 1 ike to leave it where it is row loc$teci for the winter aionths and then mcve it farther south in the s�nmer months. Mdyor Nee asked Ms. l�6rtin if she wanted the trailer moved farther scuth to screen off tbe other trailers. Ms, i�rtin stated wi�en Apache Ca�np4ng Qenter mwed on this site, there were trees to sareen the bnck lat. She stated she suggested a fenoe, but staff did not want a fenae. She felt to leave the trailer where it is for the winter is not a aompranise. (b�ncilman Fitzpatrick stated the origina�l interit was to screen outside storage. He stated he attended a meeting with staff and Ms. Irlartin and felt �ere is an agreeoent with the lands�pdng plan, but Ms. l�irtin feels there should be screening to the front and south of the building. Ae stated to bcing the property into mmplianae with �e intent of the stipulations on the special use permit, he would request the owner to execute the landscapang pl� agreed up�n. m~ndln+an Fitzpatrick stat�ed he would still like to see the �nits c�splayed in front and to the eouth in such a way to screen the �nits behind. ee aleo felt it would be beref icial to store the talles �nits farther to the bnck of the lat. lrDTDO�N b� Cb�ndlman FitsFstrick to direct the follcwing actions be taken relative to Apache G�np�ing C+enter's pcoperty: (1) e�aecute the agreed upon lands�ping plan by Dea�nber l, 1986; (2) the trailer �its for display be plaoed in such a way as to screen outside storage behind it and an attempt be made to have the taller units farther back on the lot; and (3) a performanae bond of $10,000 be pravided by Navenber 15. 1986 to insure aomplianae. Seo�nded by Cbuncilman Goodspeed. Up�n a voioe vote, all vvting aye, l�yor Nee declared the motion mrried imanimously. C �� . �� : y �.► �i � ��% ►��: � ��. �� . � ��i�� : �.M : Jli��/��. i /: : y �i ��J� 1 y "; • � N J; r; 4 :: �+ � y4: �� : >> I11 M11 : 'f}��1 � �. 1� �I :a/ ti�� 1� y� ; 1= � ,I .� � ' �.� J. 1 � r : ��l �1 '� �► 1rD�t*mN b� Cbuncilman FitzFntrick to waive the ' r�st reading and app�we the ordinanae upon first reading. Seaonde Cou�cilman Barnette. qpc�n a voice vote, all voting aye, [rlayo ee declared the motion carried ia�animously. 4. I�. n, O�mva�mity Developaent Director, stated this rezoning is 7- _� ��.�l�.M ��/Y1�. �,- ; 1_t11�y guaranteed Mr. Rreu¢kenper will get an equal anant a� advertising and felt this may be a�lution to his problem. � Mr. Rreuzkenper stated he wonders why wstrniers aren' ng directed to his mo�tel. !�. Ficken stat,ed they should sdie�le a ing to determine why this iei't being dore. .. , O�incilman Barnette stated the �am�.ier' uictian is to pramo�te FricIley. ee felt a meeting with Skywood Inn pe nnel may be help�ul for all pereons involved. l�r. Rreuzk�nper st this is all he wants as now he is oocnpeting with the Starl ite el. Mr. Ficken s�tated he ogized if Mr. Rreuzkemper's feelings have been hurt, but felt th should now w�ork to resolve the issue. Mayor Nee ed Mr. Rre�kenper and Mr. Ficken for attending the meeting and bci these issues to the O�uncil's attention. 1=. :� .� �. •� 4: �: MY : � :�1L�. •� � �� • ��i • ; �_ ; 4�� . � : � I�: :�� ; � . . . � �. M�►+Y�: NDTInN by ��ncil�ren Barrette bo waive the reading of the publ ic hearing notioe and open the publ ic hearing. Sea�nded b� �undlman Goockpeed. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanimo�sly and the pub�l ic hearing opered at 8:00 p. m Mr. Aerridc, CYty Attorney, stated the City has jurisdiction over these special use permits by virtue a� Minnes�ta Statute 462.3595, �bdivision 3. He btated this Statute stat�es, in part, that a a�nditional use permit shall renain in effect, as long as mnditions agreed up�n are observed. 8e stat�d it is the p�sition of the CYty staff the oonditions agreed upon, in this case, have rot been observed and the ('�ty has the at�thority ta terminate the oonditional use permit. He stated the City Code, Section 205.05, S�bdivisivn 2, pra�vides the O��ncil may require a written agreenent, dep�sit of oertified check or bond or other assuranaes of faithful ob�ervanoe of �nditions, the violation of which shall invalidate the permit and shall be oonsidered a violatian of this chapter. Mr. Berrick stated both by the authority of the Stat� Stat�e and the City's Zaning Ordinanae, the douncil has jurisdictian aver this matter. He stated the City staff has �erved a notiae to the awners of Apache Camping Center of this meeting which indiaated that the O�uzdl would be mnsidering the violation and possible revocation of the special �se permi� He btated the purpose af this hesring .is to give all parties a chanoe to offer any statements or evidenoe they �ooae. [�r. A�bertson, mnminity nevelo�pnent Direc*ot, stat,ed the Cbtaicil issued a special use pera�it in 1977 to Apacfie Campang Oenter with ten stipulations. Ae stated the two stipulatAns in questian relate to the lands�ping and the ma�dmun ium6er af vehicles or trailers displayed at any one time on the -3- 11 ��1_�.M� Y�:,+:MM��. �� , � r��:� � �1J � �ncrete pnds in front of the building. ee stated the file aontains a � rather long rec�rd on aomplaints, staff's resp�nse, and letbers ordering the imgoveaenta l�ir. Herrick stated staff is offering the entire file to the O��mcil for their a�nsideration and inspection, if they so desire. He felt he should read several � the letters ehould be r�d and indicnte the chtes they w�ere sertt to the �wr�er. Mr. Ibbertson read a letter d�ted Mnrch 30, 1983 to 1�. Pnwleski f ram Rent Hill in which he refers to non-complianoe of the special use permit in regard to the landsaaping and outside storage and requested propetty be 6�ouc�t into a�mplianae. ee stated Mr. P�wleski's respon�e related to larger park trailers being displayed �than when the special use permit was granted and was �nahle to move thea becauee a� the weather a�ndit3ons. Mr. P�berts�n stated a diange in the special use permit was requested in A�ril o� 1983 whidi was denied in July, 1983. He referred to a letter chted Juze 26, 1984 regarding an u�authorized free-standing sigi. Mr. Fbbertson stated in a letter �iited Mar� 21, 1985, referenae is made to the storage � the c�np�ng trailers o� the adj aoent vacant lat on Rancher' s Road. He stated there is a similar letter chted July 19, 1985. Mr. ibbertson stated in a letter fran Rick Wiersaa a� the City staff dated January 7, 1986, it was bcouc�t to the awr�ers attention that more than two recreational vehicles were in f ront of thei r facil ity. Ae stated landsoap�ng wasn't mentiored because of the winter season. Ae stated on Mardi 7, 1986, there appeared to be even more vehicles parked in front of their building and the awrer agreed t.o reduoe the n�anber of vehicles and apply for an additior�al, special use permit to store vphicles on the vacant lot behind their facility and to aomglete the lands�p�ng work. He stated there is an�ther letter �ted in Apcil, 1986 indicating this had not been dore. Mr. lbbertson stated there is a meao in the file �naerning an orrsite visit rec$rc�ing four trailers. He stated a rotiae a� rorroomplianae was issued on l�y 8, 1986 and f irally a letter stating that if o�mpl ianoe had not been achieved by July 4, 1986, a citation would be iss�d. ae stated that citation was issued because o� r�n-co[nplianae. Mr. 8errick stated the items fn the file and the past minutes of the Plann,ing Oanmission and City Council where this had been acnsidered are offered to shaw what was originally permitted and that there has been a a�ntinuing discvssion by �e m�bers of staff and the a�r�ers or operators of this business rec�ar�ng the t�ro violations. Be felt it would be apFcogiate at tfiis time tro hear f ran athers Nho may wish bo malae a statanent. l�r. Jim Nels�n, attorney representing Apac.he (bmping Center, stated Mr. Fawleski, one of the owners was present this evening to answer any questions. He stated he had an opp�r+kuiity to �isc�ss this matter with lYlr. F�wleski this morning. He stated, obviously, Pt. Azwleski and his partner ,4- .. i;,_M� „ :r+:�M�,. .;- . � r,�ti� 1K are opposed to the revastian of the speci.al use permit and the ef f ect it would have on thefr business. ee stated there fs no denial they have violated thdr spedal uee penait in the �ast. Mr. Nels�n stated the recreatia�l vehicle in�stry has dianged ctaaatianlly in the last nirre years and demand is for much larger vehicles which. obviously, requires Apndie (�mp�ng Center to uBe quite a bit of spaoe. 8e stated they requested a spedal uBe petmit to disptay m�re v�icles and that was denied and they �rere cited fo� having additional vehicles. Mr. Nels�n stated in reqard to tbe lands�pdng, he suggested to the owr�ers they a�ntact someone to determine the a�st foc installing the landscaping. Ae stated the awrers were pcwided with an estimabe for planting additional trees and, to be very h�rest, he stated he �as not sure that would bring then irito e�ct a�mpliance. ee stated he would suggest funds be plaoed in escraa to assure some future aomplianae, if it is determined the special u�e permit would not be revoked. Mr. Nelson stated the recreational vehicle busiress is very oompetitive and the a�rners had setbacks because of the enerc� crisis and high interest rates. Ae stated if the special uee permit is revolaed, it would drive this business out of Fridley. He stated he understands that this may be a �noern because this building has stood vacsnt in the Fast. He stated he is not familiaz with all the aomplaints reoeived so it, is difficult to �mment on then. Mr. Nels�n stated the aarers haven't reaeived o�omplaints di rectly fram the r�eic�rs and, if they were forwarded to the CYty, he wasn't aware of then. Ae stated he understands the special use permit was issued in 1977, but aeens this dich` t beaome a real issue uitil 1983, six years af ter the permit was issued. Ae wondered why it taok so long for this to beaome a �xotalen. Mayor Nee stated Mr. Nelson mentioned placing funds in escraw for the landscap�ng, but questioned hcw they would guarantee �mpl iance regarding the chsplay in frazt. Mr. Nelson stated he has no way to guarantee the vwr�ers would a�mply. Mayor Nee stated there is a lang rea�rd of non-complianoe and because the vehicles are lazger, it cbesn't mean he r�eeds five in front. He stated if the vehicles �are lazger, it sems he �ould have f�er in the front. * Mr. Nelson stated with the larger �nits, it limits the �m►ount they can put in the t�ack. Be stabed if they have t�o reciice the amo�nt a� c�splay in the f ront, it would be �ff icult I�. �wleski stated many different models are manufactured with p�ioes ranging f ran $20,000 to $25,000. He stated when a person is cping to spend that muci� for a uiit, they w�rit to be ahle to see what they are buying so they wi� to display a s�fide�tt nuaber whidi they feel would appeal bo the buyer. He stated when the spedal uee penait was issued, ttiey were mostly involved in the s�lle a� t�erit trailers whi� were 21 feet long. He stated the trailer �nits c�aw are 38 x 12 feet. 8e stated wben deal ing with the tent trailers, m�st people were first-time buyers, inwever, with the larger units, there are trade-ins. Be stated they are aware they are r�mning out _� ...�.,.M� „ ��MM�,. ..- , � r,�.� of spaae and looking for a site to purdiase, but it hasn't been that simple. I�r. i�wleski stated he can't deny they i�aven't a�r�fotmed to the stipulations of the special use permit. He stated in 1983, a request was made for arother spedal uBe permit and it was denied. He stated if he �uld mave taaorrav, it would satisfy him and the �imcil as well as benefit his busiress. l�r. F�wleski stated they are now in aomplianae and have only two units i� front of the buil�nq. i�yor Nee stated after the (b�ncil voted to sciiechl.e this hearing, he rode by this busiress and thouc�t perhaps they saould be in mmplianae, but there were five uuts out in front. He stated the arganent that these are larger �its doesn't mean more �its should be stored in front. Ae stated a request was made for more utits to be displayed in front and it was denied. Mr. F�wleski stated he Imvws the la�r and what the permit states, but asked if it was �nsi�tly with five rather than two �nits. Mayor Nee stated the question, in his mind, is if 1�. I�wleski is aomplying with the law. Mr. I�wleski ask�ed if the la�r anuld be ciianged as there is sp�ae avail abl e. Gb�ncilnan F`itzpatrick stated the sFave may be availahle, hawever, this was a mnsideration when the permit was issued in 1977, as it f ronts acsoss f rcm a resideritial area. ee stated if the busiress has dlanged that much sinoe the special use permit was granted, the site, obviously, is no longer appcopciate for the present use. l�. i�wleski stated Coincilman Fitzpatrick's statenent was oorrect, but he cannot afford to relocate when looking at ansts of $35,000 per acre when he reeds four or f ive acres. He stated they are across the street f ran a residential area, but on the edge o� an industrial park. Ae stated there mu5t have been a hearing on the industrial Fark and people across the street must have appcwed it fo� such a use. �inciln�an FitzFatrick felt the reas�n for this zoning is so the mmcil has the tool of a special use permit. ee stated it was assumed on this Farticular part o� the inci�strial zoning, an irYtense use woul�'t be allawed c�rectly across from a residential area. He stated he understands Mr. Pawleski has a serious probl�, but so ci�es the City, as well as the residents. Be stated there are many calls that have been reoeived, not cbwaented in the file, fram residerits. 1�. i�wleski stated the only aomplaints he reoeived were f raa the City regarding the uiits in front. He stated he has tiad people oome in and say it was gce�t thei r busir�ess was laated there. He stated he real iz es they hav�'t aomplied with the special uee permit, but times have changed sinoe the permit was issued in 1g77. " I�yor Nee stated he dich't think wi�ether 1�. FErwleski displayed five or two �nits, it would hurt his business. Mr. Pawleski stated if he was only eelling the pnrk models, he woulch't have a Fxoblen, but he has used �- 1L i ��.�:,.M� . s�rM�,. �,' . � r�.� ttd�lEtB dI1a O�lEt tI11t8. Mr. Herrick stated it se�s there ie r� �sp�e about the question whether there is a violation. He stated it seems to him one option is the a�riers/operators will acgee to aomply with the aonditions of the special uee permit an�i the CYty talae some steps to ins�ae that aompliance such as the suggestion for an escraw aoa�uit. He stated arather option is the operator find arnther sibe as it appears he has outgro�m this fadlity. 1�. Herrick stated the aar�er/operator a�uld ale� request a maiificstion of the special use permi� ee felt the a�r�er, his attorney, and City staff should oome to an agreanent to abdde tr� the pce�ent terms and, if this is not cbne, the �uncil would have to make a decision regarding the revocation of the spedal uBe permi� O�indlman C,00dspeed stated he was a menber a� the planning Oam►ission when this special uee permit was reviewed. He sEated they were told that the landscapang plan o�uldn't be follawed be�use when large trailers are maved, you woul cY�' t be ahl e to avoid the plaritings. ee stated it may be f ut il e to ever eaq�ect a dec�erit landscap�ng plan. Q�uicilm�n Goodspeed stated it was p�irited out at that time that the business had outgra�m this site s� he felt the awrer had three years to look for another site. Mr. Aawleski stated Councilman Goodspeed' s o�mments were �rrect, but becauee of t�e e�namics, it j ust iei' t that easy to nwve as he c3�esn' t have $150,000 to $200,000 as busir�ess hasn't been that good. Mr. Nels�n requested they be given time tQ initiate a request for another speciat uae permi� Ae stated he understands they are now oomplying and have only tiwo �nits in front and to follaw his suggestions to have funds escrowed for the landscaping. Ms. l�ty Martin, 133 Stonybcook Way, stated she lives aczoss the street fraa Apad�e C�mp�ng Center. She stated whe�n the special use permit was issued, there was discussion at that time that the site wasn't large erouc�, but the petitioner wanted it badly so the neighbors consented with certain stipulations. She stated the petitioner has compl ied with all the stip�lations but two, and those two are �e reason for this hearing. Ms. lrhrtin stated the petitior�er was r�ot that resp�nsive to the landscaping nine years ago and felt if this was cbrie, it would hide some of the trailers. She stated the petitioner, essentially, iqiored this skipulation. She stated it d�eaz't take nire years to plant a tree. Ms. l�rtin stated the (Yty isn't responsihle fos the fact that the business has changed. She stated the petitiorer I�ew of the stipulations nir�e years ago and what was neaessary to aomply. She stated not only has the landscsFdng been igzored, but the landscapd.ng that did ezist is naw gone. Ms. Martin stated nor�e a� the �ic,�b�rs aomplained to the a�r�er as tliey felt it was up to the O�incil to malae him aomply. Ms. Martin stated this property is zoned light commercial and not inciustrial. She stated there is an induatrial Iark behind the property and 7- 1M � � ��1_�.M� ��:n�y1�. �.' : 1 c;l�/ the reas�n for tbis vommercial pcoperty is to prwide a buffer between industrial mxi residential goperties. She stated they aren't asking for the airer bo spend a lot af mor�ey fcc lands�p�ng and pointed out what had been d�r�e with tfie Fcoperty at East River Road and l�lississippd Street. She stated she is not a�nvinaed the petitiorer �ould h�e arrotAer d�ance as she felt if he had not aaaplied in nirie years, what would maloe him change. l�eyor Nee statec7 the CYty cann�t deny i�im the ric�t t�o petition for another spedat uee permi� Mr. Herrick asloed if it is Fhysicnlly and practically possible to install suffident screening in front sa it is sc�eened fraa the residential area. Iie felt the number aE �nits would then be imnatrerial. Mr. �aleski el:aated he didz' t r�eed f ive �nits f or di spl ay as one woul d be • s�ficient. He stated the reason he had five in f ront is due to the availability of spave. I�lr. 8errick stated this simply reinforoes the aonclusion that this busiriess has outgrawn the site. Mr. Fgwleski stated they are atteapting to d� something abo� it as it would be beref idal for thea to move to a larger site. Mr. Aerrick felt it �hould be detenaired by the reut meeting if a workable arrangement muld be made for the interim. Be stated it seems in the long r�n, the a�r�er will have to f ind a larger site that is better suited for the grawth a� his busiress. No other pers�ns in the audienoe sp�ke rec�►rding the poss3ble revocation of this special use permi� irDTIDN tr� Cb�ncilman Fitzpetrick to close �e pub�ic hearing. Seoonded by m�ndln�an Goodspeed. Opon a voiae vote, all v�ating aye, l�hyor Nee declazed the motion aarried �nanimously and the public hearing closed at 8:50 p.m 1�pTmN tr� �u�cilman Fitzpatrick to direct staff to furnish a aomplete oopy of the file for AFa�e (�npdng Oenter and request staff to meet with the petitiorer to attempt to resolve this problea. Seaonded by �uncilman Barnette. Op4n a voiae vate, all wting aye, l�ya� Nee declared the motion �rried manimously. / •IJ: :I'.; �, •� :" •�1 �. i�• 11' �I �,; 1 �� ' � � :•� N�,i;�;; `:!J��1�. «�'��4�+: \� Ns,i:�;: :,� �I" ��t ;: !. 4:�� :; ;,•:� � �:►- ": ��" : :�1� I :�.� ;•: � � :i• ,�; l,� �; :� rpTIDN trii mundlman Barr�ette to waive the reading of the pub2 ic hearing notiae and open the pub�lic hearing. Sec�nded by ��ndlmen Goodspeea. q�on a voioe vote, all voting aye, Mayor Nee declared the motion carried �animously and tbe p�l ic hearing opened at 6: 50 p. aL lyr. Aoberts�n, O�mm�nity D�velopnent nirector, statecl this is a request for rezoning of pcoperty in the s�utheast wrrer of Hi�ay 65 and Osborne Road. He stated the pcimaty reason for the rezoning is to allcw for a reduoed -� 1N 10 ... ,.. .��r��. • , , � i :.� , L1p�n a roll call wte, �uncilman Fitzpatridc, O�uncilman Barnette, yor Nee, Oaa�ci].man Sciutieider and OounciLnan Hamernik all voted in fav , and Mayor Nee declared the mation carried �a�aniioously. - �.N� �.� r � l�TION by Qo�cil.man Barnette Lo vaive the first ren of this ordinance arid approve it cn first readi.ng. Secoc�ded by Oo� Sdu�eider. Caa�ciLnan Sciv�eic]er stated he does have a pr en with ,Section 6.02, and was ocncerned if all three of these propo amendments could be taken eeparately. Mr. Bill H�t stated he felt the �ar Ooim�ission saw this as a package it.em and felt Sections 6.02 and 6.04 lance off Section 6.01. He stated if the Cour,cil wishes, he can get opinion from the Charter Commission, but felt they sawr these as a pe ge itet�. MD�I'ION by Councilman Fi Seconded by �cilnan Si Mayor Nee stated he brought to the Cou� �anent has to � �a�v►cil. ick to table this item to July 25, 1963. � not be p�esen at the July 25 meeting and it was 's attention Minnesota statutes provide the :oved by the Ma or and by an u�animous vote of the O�cilnan Fi trick the� vithdrew his motion, vith the permission of his eeoonder Councilmar► Sciineider. . Mayor Nee uggested a vote aould be taken on the first reading which Would allvw ciLnan Schneider time to clarify if these items had to be taken as a ckage or if they could be taken separately, prior to the second read' of the ordinar�oe. N A ROLL GL�L VOTE TAREN �] THE MOTION FOR F I RS T READ I NG OF TH E RDINANCE, Councilman Fitzpntrick, Councilman Schneider, Mayor Nee, ciLnan Barnetbe� and Councilman Aamernik all wted in favor and Mayor n ' ne� lared the motian carried unanimously. : ?r_ �/1►. � . �41 ►. ��.r'v � �,� r �. /Y�'- �. 1 l�� = � ; ?� lk�l ��,: :?�l . �i ��: r 'f" � : �.� . r�• �. M�I►/��: Mr. Flora, Public i�lorks Directos, state8 the Council approved a special use permit, t77-04 in 1977 for Apnche Camping Center which alla+ed the sales and servioe aE recreational vphicles and a limited outdoor display of t�+o tatits. Mr. Flora stated, in o�njunctian �ith tfie ial use permit, tbere were a number of stipulations and, essentially�our of these have not been oonplied vith ana the City i�as att�ted to a�b�tain oa�lianoe for a n�nber of year�. Mr. Flora stated the request nw before the fl is for an addition to the oriqinal special use penait in order to 1 for the display of six ta�:ts, and the Plarusing Cam�ission has r denial o� this request. 10 •�. ��.Mi .i��/V�.. • t�l • :i� :.� lDTION by Oo�a�cil.man Fitzpetridc to conau vitt� the re��ndation of the Plaru�ing Commission and deny the request for special use permit, SP i83-03. Seoor�dcd by Oo�a�cilnan i�amernik• �pon a voice vote, all voting aye. Mayor Nee declared the �otion carried taw►imously. 11 B �t�sr 1�t 1► cv�c�T�r ilSE PE��Lrr, ca #83-04. BY D(1�I�ID �� w Mr. Flora, Public Florks Directo;; stateci this property is located in the flood plain and, therefore, zequfres a special use permit. Mr. Flora stated there were a n�mber af .3tems discussed at the Planning Con�nission pertaining to the �rainage anH oonstruction o� the buildir�g. .� !�. Flora stated the st if `�ere is a floal• it Mr. F1 a stated the q east of e praperty. the frant follow t into the st systga. Mr. Flora stat d tb� special use permi wi apprwed and retai are required for dr e vould be surrounded by a built-up berm so 't affect the structure. , on cnne up about the drainage to the south and stated the developer plans to drain the lot to natural drainage to the r�crth rri�ere it will enter Planning Con�nission recommended approval of the � the stipulations that a workable drainage plan be wa11s be part af the drainage plan, provided they �9e. Mr. Flora stated felt is pcssible to adequately drain the property and build the str ure, as oposed. Mr. S�ack, 685 enooe, stat�ecl didr�'t feel the retaining wall would help and sncw me ting fran the wint would drain an his property• Mr. 9nith, 8141 Riverview Z�errace, felt�'�ie hame Wou►1d be a good addition to the area, t was concerned about wat draining through this front �a. Mr. Flora st ted he met with Mr. Schack and wh' e they don't have the drainage pl available today, it is possible to the drainage through a swale to e cvrb and into the drainage system. said all that is being ch now is pert c� the lot is being built-up the house can be oonstru above the flooa level. Mc. F �a in� dra ar�d to � stated sta�ff re�views all plans and in this particular case, lhey re the �ater �o�ntinues to mwe in its present fast�,�an. �ridc, City l�ttorney, stated as along as tbe homeowner is r sona oo�struction, he t�as the ri�t to build even if t3�ere is ad tio ge. He stat�ed it is up to the City to eee that there is a ge plan for that area. Be su99ested the drainage plan be obta survey to obtain ti�e ele�vatians an�d when the grading is done, ch e sure it ooaQlies with the ele�vaticn the P1an ahaws- Qureshi. CitY Mar�ager, stated the vater will drain as it does no�,r from to a,est and then n�rth, however, there is potential for additional 'r �a � y°u are adciing a structure. 1P . ' I28 � � � REGULAR MEETING OF JULY 25, 1977 . _ _ ___ __ _ PAGE 4 Councilman Fitzpatrick indicated he was not inclined to caove the rezoning of the R-1 property over the opposition of the people in the neighborhood. Councilman Fitzpatrick stated the objections were to increased traffic on a residential street and increased pressure on inadequate recreational facilities. He felt, by locating the parking lot on the north end, part of the traffic would be eliminated; however, because of the situation at the exits, people will drive around the block to exit on the other end. He fett, i� general, there would be increased traffic in a residential area. Councilman Schneider stated he shared Councilman Fitzpatrick's concern and couldn't comfortably go along with rezoning in the R-1 portion. MOTION by Councilman Fitzpatrick to deny the rezoning based mainly on increased traffic in a residential area, increased pressures on inadequate recreational facilities and opposition by the R-1 property owners to rezoning the R-1 property. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the rr�tibn carried unanimously. i The petitioner requested that all minutes from the Planning Co�nission and i Council pertaining to this item be forwarded to his attorneys, Dorsey, Marquart, i Windhorst, West & Halladay. ' i CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY YACATION SAV N77- MOTION by Councilman Schneider to waive the reading and approvc. the ordinance upon first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, htayor Nee declared the motion carried unanimously. COIdSIDERATION�OF FIRST READING OF AN OF.DINAN�E FOR STREET A��D A.LLEY UACATION � MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded ty Councilman Hamernik. Upon a voice vote, all voting aye, Mayor �iee declared the R�otion carried unanimously. RECENING THE MINUTES GF THE PL�,NNI r, r^•-•*«•^•• �!ccTING OF JULY 13. 1977,: � CAMPING CENT� SPECIAL USE PERMIT SP #77-04.11%O1 EAST RIVER ! Mr. Sobiech, Public Wo r, exp ained the Planning Comnission held a � public hearing on this request for a special use permit and recomnended approval � � with certain stipulations. He explained the petitioner met with property owners � in the area and there is general agreement between them regarding operations ' at this site. � The Planning Canmission recommended the following stipulations: � � i i ; � � 1. That the development of the property be generally consistent with the plat plan 5ubmitted by Apache Campirg Center, corrected to show two concrete slabs adjacent to the showroom. 2. That landscaping be improved subject to the approval of City staff, with showroom visibility acceptable to the tenants and adjacent neighbors. 3. That there be no outside loudspeakers. 4. That outside lighting after 10:00 p.m. be limited to security lighting of the property (the illumination being such a nature that it would not be annoying to the adjacent neighborhood). 5. That there be the maximun of two units (one on each concrete slab located adjacent to the showroom) displayed in front of th.e showroan. b. That there be no test driving in the residential area. 7. Any unsigh tay storage be stored at the rear of the property (behind the building). � J + �� 1Q -,..� � _ _ _ _ � lL� � 1 R i . � REGULAR MEETING OF JULY 25, 1977 8. That the driveway on East River Road not be used by customers. 9. Sales of motorcycles and snowmobiles be excluded. PA6E 5 ; Mr. Sobiech mentioned another stipulation Nhich might be added is that the special use pe►mit be granted to the property owner for this particular use ' only. He stated the interpretation the staff rww uses is that this special use permit is for a particular use and if anyone else r+anted to use the facility for ` sanething other than this use, it would be necessary to cane back before the Council. However, if the property were used for the same type of display that l is noN proposed, it Nould rrot cane back to the Co�cil. i i i , �. l_ Mr. Herrick, City Attorney, agreed Nith the interpretation by the staff in this regard. Councilman Fitspatrick questioned if these stipulations were accepted by the property owner. Mr. Wormsbecker, 13401 Southridge Road, stated he is involved in the lease and the property owner is aware of the stipulations, and he does not think there will be any problems. Mayor Nee questioned the amount of square footage to be used by the Apache Camping Center. Mr. Sobiech indicated they would be using about 4,000 square feet in the rear of the building. Councilman Fitzpatrick indicated the request is for a particular use.of a portion of the building and eventually there would probably be a request for use of the renain;ng part of the building. Mr. Sobiech explained the zoning of the property is C-25. Mayor Nee stated he personally does nbt like the idea as he has a bad feeling about display when they are trying to keep it as a residential area. He questioned if the neighborhood agreed to this special use permit. Ms. Mary Martin, 133 Stonybrook Way N.E., felt the neighborhood realizes something will be going in the building and this seemed to be the best alternative. She stated it is zoned commercial, and residential would be the only better use. She indicated, as far as she is concerned, this business is probably not going to bring in a lot of people and the petitioner has agreed to only two vehicles in front of the building. She stated the residents are probably in agreement that this is the best possible use at the moment. She requested an added stipulation that when the camping center is no longer in business, the special use permit would expire. MOTION by Councilman Fitzpatrick to concur Nith the Planning Comnission and grant SP #77-04 with the nine stipulations as outlined in these minutes and with the added stipulation that this permit is issued to Apache Campi►g Center and the special use permit shall cease, if the use changes. Seco�ded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ANDREW EVANS, SPECIAL USE PERMIT, SP N77-07, 6040 BENJAMIN STREET: Mr. Sobiech stated this is a request for a special use permit to alloN construction of a 27' x 24' attached garage to be used as an accessory building at 6040 Benjamin Street. He stated the Planning Comnission held a public hearing and recomnended approval of this request. Mr. Sobiech presented a preliminary plan for construction of this accessory building. He explained the new buildirg and drive+vay Mill be off Ferndale Avenue. MOTION by Councilman Schneider to concur with the recammendation of the Planning Caamission and grant SP M77-01. Seconded by Councilwoman Kukavski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � -.--.- - --- -- ----- J -.� ��IC� 8� l��« ?►i��T P.A. ATI'ORNEYS AT LAW i 1S � Virgit C. I-krtick December 14, 1987 Da.�d P. Newman james D. }�oef� GeQg V. Herrick Lise Campbell Code Enforcement City of Fridley 6431 University Avenue Fridley, Minnesota 55432 RE: Ricky Throndson Dear Ms. Campbell: I am writing in response to your inquiry of December 1, 1987. For your benefit I would suggest to you that this situation is similar to the one which the City recently encountered regarding the Apache Trailer Sales site. Yes it is pezmissible for the City to cite the property owner for his failure to comply with the terms of the Special Use Permit. In fact, it is my understanding that on occasion the City has done this in the past. Additionally, the City does have the right to revoke the Special Use Permit in the event that the property owner fails to comply with the stipulations contained within the permit. In order for this to occur there must first be a public hearinq of which the property owner is given reaso- nable notice and at which the property owner will have an oppor- tunity to present any relevant information or testimony which he might desire. After hearing all of the testimony the City Council could then take the steps prerequisite to revokinq the Special Use Permit. � If after the Council has taken action to revoke the Special Use Permit and the Use continnes, then the City Would have the option to go into Court to seek an order of the Court authorizing the City to remove the illegal structure. I hope that this letter provides you with the information you have requested. If in fact it is the staffs desire to recommend zevocation of the Special Ose Permit then I would sugqest that you work closing with our office in makinq sure that all the pro- cedural and due process requirements are met. inceze,�y yours, Dav DPN:jeb cc: Jock Robertson Suice 205, 6401 Universiry Avcnuc N.E., Fridtey, Minnesoca 55432, 612-571-3850 0 ! ' . \ . '' r � _, / 1,� a /�� '� � �� ' � , . �� I'L' i.�� 0 d r �� f �i � � �� r�� . � 't1 � �` � - : ^,� der ... .!' � �__ - .. .. - � � �r ""`." ` "; � � �-� l y- .. ~� � ` ,,,,,,�._ � K....+�. . -�.,..:+i , ::.�'�. —�';,�:;� ---- _ � � �I.r �ti,=tir: ,� ,� _-ti ::ir`. � L'� �,, - .- __ - . _ _ .. _ �. `' -�► w-� �� . � .,, - -' . ��'� .�_ . .,�..; ... : ..... + �- ti �� .. ��. f�� .!� ; ,. F � � �. ;: ��.. - ��, � a � ,.' �� '\ � ,� `-'� � � � .� !►y� ,� ��:�� , �� -*�r�: � -�.- . �. � � � -�:;> ., � � � _ , � _ � � ( !"1�� '�'ea�`�°` � i , ��.h � ` �� . r �f'� -� �� . � -=� -' �� * - �-- � � �� ` �_-_ . � � � s ,. ' •� ` , ''� �� ` "� � � `��` ��, `� i—��. ' " .. ''i�� Y��,,. ��, :� � .� .� �: , .\ .�: � .� � . � � i� . �� - . �� :� ! �_ � � � . � ` � � ,, . '4 ' � ' � ' i yi f �� . � ��- . � ��,:�� k� � - ,� �� . � �� . � �. � > �_ � � ��,�, •. e � �, '�''�.. -, e _�� s � > . � �� > . � � _. '" .# f �� . J�� :- . �"��'% � - . � i',.s �;�� •' -;�' ,, �� _ ' .�� r' . �� .. r ___ _ _ _ { ' . � . �-Y , � ( • �''-� ` .. � � - - �` V . �- � . , �..�, , S :' t ! !-i �. i t. . ` � � I�; �• .a. / -.J � i� � ' = ii _ t �■� } ,� i � .��t,1 " ti ' < < � � � 1 �T�.2'. �- _:�.,f � : � � _ _ _ .__ � _ = .A:...._.. . _ . � . � � - . . __. . . . � , , , �• . : • . _ �--- � �� _ = -_ _ _ : - --�--- . , �� -- �: - _ -� �.: _ __ :. r.....• - ,' . :y. �:' ,�' - ., . t: . ,.. � : • �. �' �� ,' ; i ��.+•. .. �: � -� ' "'_— . �. . • .:. .. �- �� ' - rt�r.� t's' "'� ��', _:r�;�,� �':.. •,� . � ` .; � •� � .r �� ! � �s , �. �, �� _ y_ � ''T�a�i� �v �wa,� �i,��b . . . ZO 1oR0� . � . , .• . ; . �.., . . . _ _ . . _. . � � . . . . . � ......�... . ...;. -�--�— - . - , . .. _ . - .. _ . :, . - .-. .. . . ... ._ . . - . . . , - �- FIRE DEPARTMENT MEMORANDUM DATE: October 12, 1988 .�• A� TO: Bill Burns, Acting City Managerql' 88-10-3 � FROM: Robert D. Aldrich, Fire Chief-��" RE: North Satellite Station Location An analysis of six possible sites for location of a satellite fire station in the qeneral area of Osborne Road and East River Road has been completed. Three of the sites were dropped from further consideration for various reasons, including future road construction plans, other better land uses and lot configuration making it difficult to site a building. The remaining three sites were further evaluated. These sites are: a vacant lot on the south east corner of 77th Way and East River Road; the lot on the south west corner of Osborne Road and East River Road; and the lot south of the root beer stand on East River Road. These sites are identified Attachment #1 as sites #1, #3 and #5. I have had my officers prepare a Force Field Analysis of these locations based upon the criteria listed on Attachment #2• The results of this analysis clearly indicate that Site #5 is the best site for the location of a north satellite station. All of the possible sites have been discussed with Councilman Fitzpatrick, and he finds this location to be acceptable. I recommend the City Council accept this site as the location for the north satellite and authorize the City Manager to proceed with acquisition of the land parcel for the purpose of construction of the north satellite fire station, and i further recommend the City Manager be authorized to prepare plans and specifications for a north satellite fire station. RDA/el 2 � �i% • � � � �� i � V � ► ' � 5� MEAD ` ' ,- - . ". , j• , .� � ��. RUN ,�� o� • t,: , ro ' �� 2 A ; c+� - ; .c „ • es: i. :. . 0 6D . � ,� ` ' 7L • r � � � il 1 (r) , G�i� � • '�' °. 1 • � 2 d II . 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', ', - �s . ..... 3 � • � —� � �. w.�y ; , , sr— .,u •• � �' `' _ _ " �• ', (✓ • /- f ' �j� (/ � CR EI� R 'w ' • • • •� i •� N �• a '; S J 2 Au � �' � ' 1 � /� A fI �5�. / I/� /O r�� .r+� P.1 C r � � �.. .. • *.. � � �~ � i � !�7 �ITE ttl - Gulf Oil Property ._ FORCE FIELD ANALYSIS yORTH STATION LOCATION � , , , , �I . , SITE #4 -�sborne Road � East River Road � FORCE FIELD ANALYSIS NORTH STATION LOCATION � ,+ �I 2C SITE �5 - 77th & East River Road � FORCE FIELD ANALYSIS NORTH STATION LOCATION �. 0 ,� � � ; 2D �;'�.��°., . , MEMORANDUM TO: William W. Burns !�1�. PW88-329 � FROM: John G. Flora� Public Works Director DATE: October 12, 19F38 SUBJECT: University Aveiiue West Service Drive - North of 83rd ��venue With the approved Specia.l Use Permit for the new car dealership north of 83rd Avenue, the: City has been requested to construct the initial portion of the IJniversity Avenue West Service Drive for improved access to the ca:r dealership and the Northwest Orthopaedic Surgeons property. We have received petitio�as from the two adjoining property owners calling for the improve�nent, waiving of the public hearing and acceptance of the projecit assessment. Due to the limited constY-uction season available this year, we are processing the necessary resolutions for the installation of the water, storm and sanitarS► sewer systems for the initial portion of the service road alignmen�t. The design of this system will be made to allow for extension northward to 85th Avenue (CSAH 132). The project for this year �vill only encompass the auto dealership frontage. As asphalt and concrete ��ork will not be able to be completed this year, we will delay the x�oadway improvement until next spring when we can coordinate all of` the road construction requirements into a single project. We h�3ve notified the property owners of this action and they are in a�greement. Recommend the City Counc.il receive the two petitions and approve the resolutions necessar,,� for the advertisement of Water, Sanitary Sewer and Storm Sewer Project No. 183 and the preliminary street plans. JGF/ts Attachments 3 �, •, � a 3a W ATER, SANITARY SEW'ER & STORM SEWER PROJECT NO. 183 � Y� �'r. � t � • v ; 2 v ,.�\ � . \.�\ aiTr or c N»TM� ��ios I ��*� of 1,\ . . . . �� 3 � �'��: � �, „u �► ' � � '^.� � rS� '�. �.. j �. `.� 1.+ lSi �J w` evi 1 �' CA1 � O�' � s o�> >��r7•: ��V J�� • A� �'Z�' s�• r �� ,� W j �'' �' `''v � iu � )�,� ei '. s ��r, •`��,,� 3;��:�,�:e''`��;��ti� ��?c��N 1` V � � �..i L.•�+ V C� '7 � � � °� '� D . .� � N �i � d v► J A A p+ 7 � w 3 �� t� � � � �i: � � V t.'� ;� �,� � es� � n � +� � �. i � l� v sr.+�uw�. w�* :�t •_rwn� . •'•a � ^� a� �, u .` i 4 �ri � y � � c�� r�� ?� �'�1:i�'�, ei � � � �. et � _e � .��1 :1 J � � 1 ..'i _. �i'1f r UNIVERSITY A'VE WEST SERVICE DRIVE -� �F' �,` " J �,�;: � :,> ;�_; J�. � '� . "r; ? 7 i ,•..' ' -- - �` ` ,�:� a`�� 3 � „ � � ` a�M� � � �.� •� � 1� , .M� \� �r� �� "~� M, ' Y"'M� � �� N � �~ s ��I�� O �s O � 0 J �•` Q c»c.� .�' .. IL •✓•° •t�::�...�• . �G� � m s � ' �..... � ``��l11�:�� O'C\�.. 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AN OWHM1 `�'�Q"'°z W � (; W = � a C � � J o�.;� Q � 2pOQ JW � • ��H� N Q = Q W �O 3�K2 � ( I � � � __� � .. „ 1 i ;_ : �:'��_.".'+�;: .. , . i � ��\\ I � K �' � I V � � I �- �`) � / ( � iw 1 � �� g, I � N� I I\ I � � � I / � / _ �-� I I / ..: :•e�. ,. � _ � � ---- J-j-20 � � � L UT 2 N 89°a5+37"E — — ��. �— — a-- . .� � � . o `� W . � N W 3 � I V W � 2 W IQ � � W , � \ 2 � \ �Z \ a J � � — Z - - 86.23- � $ .. � �� I �j � ' ' ��ti o� i `� �� f � �� k� �r�i. �',�; I� � ti �h�� LiCP�"� ,� . d �J /` o �' a` �' � / eP p •tip�' � Q , � � � � °~°' .8 � i � W . J ,�b� :._.. �/ °6 �Oti � " � ~• l I �'v � � � r � z � -°��'P� LJT 1 ° ° � _ : : , � � � ..._ � W�v� ,� y.. � a�� e L J C K 2 � i�' =;N a.. 31 � N� � =90°00�00" o- R = SO�AO z i L =�8.54r` �--�' \ � --i� � -----__2so.�3 __� ---�-- AVE. - — -- 1190.08-- S 89° 45' 37" W /4 NW 1/4, SEC.2, T WP. 30, RGE. 24 � s�tn nvE. i�- �r• � �... . 65. i � H � � W > Z � � i 3 ��_ � N D� � �^ � 8 � = 90°0��00" I Z R = SOAO � _ _ 7L =78.54 / i g � I � M — i �a.eT — I,� — --- � � NE. "� �' � �-- - - �0000- � . # � ?� 9 Pi �;,,,e,.�, � � ?� !? Q � �3�,..lc� �' �--� 3Q � `�. 7 CITY OP FRIDT.EY PI:T I'i IOh CO',�R SHELT Petition No. 19-1988 Date F.eceived October 7, 1988 Gbjec: Reques*.ing water, sanitary sew2r, storm sewer and street ;mQrover�ents for University Avenu� Wes*. Service Driv� and agreeing to waiv� their riqh± to a public hearing and aqreeing to pay their shar� o` ±'�e ass�ssmen*.s for *he improvem�n*.s. Northwes±ern Or`ho�aedic Surq�ons, P.A. r�c�t�o,�. c:,e��,ea By Percent Sisnir.g Referred to City Couacil Disposition Aate 0 3C t 0 NORTHWESTEIRN ORTHOPAEDIC SURGEONS, P.A. ROB�N C. CRANDALL. M.D. August 31, 1988 City of Fridley Engineering Dept. 6431 University Ave. N.E. Fridley, MN 55432 Attn: Clyde To Whom It May Concern: 3D JOSEPN FLAKE, M.D. PETER D. HOLMBERG, M.D. It is our understanding that the car dealership which owns the land just west of our land (Lot 1, Bloc.k 2,�Springbrooic Apartments at Northtown — the northwest corner of 83rd and University Avenue Northeast), has requested to proceed with a road from 8�3rd Avenue to 85th Avenue without holding a public hearing. We will agree to waive our ri.ght to a public hearing and proceed with the road provided that this will in na way alter the service road where it borders our land. Attached is a copy� of the service road plan as it appears on the soil investigation report: on our land. If you have any questions, please feel free to contact me. bsa Enc. � MAIN OFFICE 8t BiLLING ADDRE55 UNITY PROFE5510NAL BUILDING SOO OSSORNE ROAD SuiTE 165 FRto�Er, MN 55432 16 t 2) 786-95d3 Sincerely, I � .� Robin C. Crandall, M.D. ❑ BRANGM OPFIGE MERCY HEALTN CARE CENTER 3960 COON RAPIOS BOUIEVARD Suire 3t5 GOON RAPIDS. MN SS433 (6 1 21 421-7043 �� ❑ BRANCM OFFICE SMOREVlEW MEDIGAI CENTER 4625 CMURCHILL S7REET SUITE 2OO SMOItEVIEW, MN 55126 la 12) 461 • 1071 ...�� . , 0 �. :� • .�. . � ., . .,, � �I . � . �� . � � . , ' � ,. ., /� O� �, ' � � • •j•'� . • , • •� ' . � � . . -;.�r � ��-.1, � �� . . � .� . � �o � Z- � 3 _ : c� . _ _ aFV= s�s.�' Z r----�---1 ' . 1 � � .� . �"' I � � ; � �rz ,; W . � E1.EY.=8T6.0 � � �-- $---• a t;, . n�om� , eu��o�v� t1�A� L�CATN�N .100 x 100 .r , ,. . . � � � - � 83rd AVE. I�N.E. . , � . � W �. a . �' J F- . ■ � � 1�1 scol. �»�� ' M C . :� , 9.M. W ' �ob no. ' , � ., , X-88�'39 � Z , � .'''- ' , . � � dat� �> � '. , � 5•10-88 � ; , , , _ , . ,. ' d�awn �.. � BENCHMARK� TOP OF HYO�RANT. ELEV.s8T9.0� MJP Y � ; ., • :. ' ch�ck�d � � � " ' � . �� SOIL 1NVESTIGATION SUBTERRANEAN •h�'� �aC �� 6 ENGINEERIN.G�,�, pR.P_�� S�''f�+�FR10L:E1F:.+:�� , MN. : M i n n e a p o_ 1 I s.� M I p n e s o t a� •x � POR' NOK� F� N� T� N O R T F I O P AEDI� k"' " C O N S U L T j NG S O I L E N G I N E E RS St1R(�EONS . Northwe:�tern Orthopaedic Surgeons 500 Osburne Road Suite 165 Fridley, Minnesota 55432 September 26, 1988 Mr. John Flora Dept. of Public Works City of Fridley 6341 University Ave. N.E. Fridley, A'IId 55432 Dear Mr. Flora: Please use this letter to conf:irm our request to install the service road and street utilities adjacent to our property at Lot 1 Block 2 SPRINGBROOK APAR'T'�1�,NTS AT NORTHTOWN, Anoka County, Minnesota. It is our understanding that our portion of the costs for tlhe above will be assessed with our real estate taxes each year. Thank you in advance for your ;attention to our request. /scb 3F Sincerely, ' � _ i ; , � `_ � � � � %��Northwestern Orthopaedic Surgeons Robin C. Crandall, Partner � �7 CITY OP FP,IDT.EY P�TITIOIv CO'JLR SHEET Petition No. 18-1988 Date F.eceived OCtober 7 1988 0'�jec� Re uesting water s;a�itary sew2r, storm s�wer and street improvements for University Averiu� Wes± Service Drive and agree�n� to waive�ieir riqht to a p�iblic ��earing and aqre�ing �o oay their share of *_he assessments for *.he� improver�ents. W�lliam Bartram ancl William Barbush P:tition C;;ecked By Aate Percent Sisning Referred to City Council Dis�osition 4A May za, i9aa Nr. william Bartram 11834 Tapestry Lane Minneton�a, Mn. 55343 535-5200 Mr. William Barbush 3131 Excelsior Blvd. Minneapolis, Mn. 55416 Mr. tdasim M. Qureshi, Ci.ty Manaqer Mr. Johr, Flora, City EnSfineer City of Fridley 6431 University Ave. N. E. Fridlay, Mn. 55432 Re: Construction of a:�EiJ1C2 road and associated ut��ities 83rd and L'niversitS�, north toward 85th Ave. Gentlemer.: On tday 20, 1908, Mr. william Barbush and Mr. �i�?l�a� bartram submitted an ap��lication for a Special Use Permit along wi�h a site plaz t:o �he City Planner f�r the developmezt of Lot 2, 37lock 2, in the �ract known as Spr�ngbrook Apartments a�t Northtown. Nr. Jim Robertson is c�►rrently reviewinq 1:he plans for a new car/used car/service facility wh:Lch we propose to bui13 at that site. To facilita�e a timely construction schedule, we wish to petition the ci1:y at this time for the constructicn of a servi�.e road and as�ociated utilities. The service road reques�ted would be similar to service road in place o�n the south side of 83rd conceptual drawinq of tl�e proposed service road made availab:e to you a�t your request. ?ou may to the site plan for tl�a proposed road layout. the Ave. A can be also rEfEr T;�e property defined as lot 2, block 2, is owned by Mr. Barbush; the 5pecial Us�e Permit Fee Owner. Ke ar.d the petitioner, Mr. william Bartram, wish to petition the City of Fridley for the construction of the service road and understand tr,e praperty will be asszssed for the improvements alonq the ;property frontaqe in accordance with city polfcy. If it is appropriate, the petitioners also waive the required public hearinq to expedite this process. I ' , . . la Vc'."j' l��it0� �d::t tV :1�E S�1CCE:'S C�f G;.11 �:i:�lI:eS_ , ti�e liitt'1"E�L£ Gf G'Ir l:clylZk.O� 5 lii Lile: dFdl ��',�c:': �S n::� t�ic QE:1CL Gl ��r+CGI CZ:.C� :: t�C G�Ctt1.Jt.iT�.1'�.. G1'rO� �t.�Gt t�C �.lt.y Vf L�+�IEy %�Vi�. `►1ti1 u� Z.: � cC'.11 iAy cll fij..�I : Vnl �:�: `..l:r � �i""i� . IGei� :.i.•1:: t:l1�.t1G1': 50 ti:c i it C&Il i� �::��:t:r�j �:ila t��.::5L1t1CLiv;i .`"•cd:0:]. . idE bIr =i{G1`�.tt� d`•3GUt Gl..: �eVci�i�:�l:-lit F+la:l� li: Fri32ry an3 i:::1C :.�rwar;; tc �l�t start �;E �i,r:�•t�:�c.ti:;::. TI.s::': y�a for jour �rcmrt a�t�r�ti:� tc. tlii_ r,a�t•.r. Sir,cFre�1 , ,!:��I,�X,c,c,�. :45. �lt5a:� FTciii .=..'.T,i::i= _�d�l'vc h�:-1=`d:,i: �;5-��C� S6a - /ZSS' _ � : :i . �Oiili L i+:l a, �:1tY Lllyli:ecl . � REBOLIJTION NO. - 1988 A RESOLIITION RECEIVING THL PRELIMINARY REPORT AND RECEIVING ]PETITIONS AND WAIVING THE PIIBLIC HEARZNG ON THF� MATT$R OF THE CONSTROCTION OF CBRTAIN IMPROV'EMENTS: WATER, SANITARY SEWER 6 BTORM SEWER PROJ$CT NO. 183 AHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BB IT RESOLVED by the City Council of the City of Fridley as follows: 1. That the preliminar,� report submitted by the Public Works Director, is hereby received and accepted. 2. That the City Clerk: shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against eac.h of said lands. 3. That the area p�roposed to be assessed for said improvements and ea�ch of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be asse:ssed proportionately according to the benefits received. 4. That the estimates c�f assessments of the City Clerk shall be available for inspection to the owner of any parcel of land as may be a�ffected thereby. 5. That all property c+wners whose property is liable to be assessed with the making of the improvements have signed an agreement reque��ting the improvements and constitute 100 percent of the;property owners who will benefit from the improvement and do waive the right to a public hearing which is allowed under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED AND ADOPTED HY THL CITY COIINCIL OF THE CITY OF FRIDLEY THIS TH DAY OF OCTOBER, ].988. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CI7'Y CLERK RES2-183 � RESOI,IITION NO. - 1988 A RESOLOTION I�RDERINQ� ZMPROVEMEI�IT A1�iD FIN]lL PLAI�iB AND Spi:CIFICATIONB A1dD $STIM�T$8 OF COSTB THSREOF,: WATER, SANITARY SEWBR AND STORI�! SENBR PR�OJSCT NO. 183 WSEREAS, certain agree:ments requesting street improvements, including grading, stabi:Lized base, hot-mix bituminous mat, sewer, water, storm sewer and other facilities, Iocated as follows: IINIVERSITY AVS. WEST SERVIC$ DRIVE 83RD AVE. TO NORTH 500� were duly presented to the Council on the 17th day of October, 1988; and WHEREAB, pursuant to ithe resolution of the Council adopted September 26, 1988, a re:port has been prepared with reference to the improvement, and th:is report was received by the Council on October 17, 1988. NOW, THEREFORE, BE IT RE80LVSD by the City Council of the City of Fridley, Anoka County, M:innesota, as follows: 1. The Council findls and determines that said agreements were signed by all ��wners of real property abutting upon the street(s) named. as the location of the improvement. 2. Such improvemeni� is hereby ordered as proposed in the Council Resolution adopted October 17, 1988. 3. John G. Flora is hereby designated as the engineer for this improvem�.nt. He shall prepare plans and specifications and estimates of costs thereof for the making of such impY�ovements. PASSED AND ADOPTED BY TH;B CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1988. ATTEST: SHIRLEY A. FiAAPALA - CIZ'Y CLERK RES3-183 WILLIAM J. NEE - MAYOR � RE80I�IITION NO. - 1988 A RESOLIITION O�tDERING IMPROVEKENT, APPROPAL OF PLANB AND ORniBRIN(� ADVERTISBI�NT FOR BIDS t Wl�TER, SANITATtY SE11EIt i STORI� SEWSR PROJBCT NO. 183 WHEREAS, the City Council received an agreement from 100 percent of the property owners wi:iose property is liable to be assessed with the making of these improvements requesting the construction of these improvements; and WHEREAS, Resolution No. - 1988 adopted by the City Council of the City of Fridley ardered all of these improvements. NOW, THEREFORE, B$ IT RESOLVED by the Council of the City of Fridley, Anoka County, Mfinnesota, as follows: 1. That the follow�ing improvements proposed by Council Resolutions are hereby ordered to be effected and completed as soon a,s reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminoua mat, concrete curb and gutter, sidewalks, water anci sanitary sewer services, storm sewer systems, and other facilities located as follows: IINZVERSITY AVB. WEBT SEFtVICE DRIVS 83RD AVE. TO NORTH 500� That the work involved in said improvements as listed above shall hereafter be designated as: WATER, SANITARY S��WER AND STORM SEWER PROJECT NO. 183 2. The plans and ::pecifications prepared by the Public Works Department fo�r such improvements and each of them, pursuant to the Council resolutions heretofore adopted, are hereby approved and shall be filed with the City Clerk. The Public Works Direct��r shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such im��rovements under such approved plans and specifications. The adv�ertisement sha11 be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that bids will be opened and considered at 11s00 a.a. on the 9th day ot November, 1988, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Public FTorks Director, and accompanied by a cash d�posit, bid bond, or ce:rtified check payable to the City for five percent (5�) of the amount of such bid. That the advertisement for bids for WATER, SANITARy! SEWER i STORM SgWSR PROJBCT NO. 183 shall be substantially in sta�ldard form. 7 Page Two - Resolution No. - 1988 PASSED AND ADOPTBD BY TBIB CITY CO�NCIL OF TH8 CITY OF FRIDI,$Y THIS DAY OF , 1988. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK RES4-183 7A NOTIC$ TO BIDD8R8 WATBR, SANITl1[tY i STORI�i SEi1�R PROJBCT NO. 183 Sealed bids will be rec:eived and publicly opened by the Citp o! Fridley, Anoka Couatp, �l�innesota, at the office of the Public Works Director, 6431 Univers�Lty Ave., N.E., Fridley, Minnesota, 55432 (te1. 571-3450) on the 9th dap of November, 1988, at 11:00 a.a., for the furnishing of w�ork and materials for: 525 Lineal Fe�et 10" DIP Watermain . 525 Lineal Fe�et 8n PVC Sanitary Sewer And Appurtena:nces All in accordance with plans and specifications prepared by John G. Flora, P.E., Public Works Director, Fridley Ci'ty Hall, 6431 University Ave., N.E., :Fridley, Minnesota, 55432 (tel. 571-3450j. Plans and specificatio�ls may be examined at the office of the Public Works Director and copies may be obtained for the Contractor's individua]L use by applying to the Public Works Director and depositing with the Public Works Director $25.00 for each set. The deposit �will be refunded to each bidder submitting a bonafide bid upon re�turn of the documents in good condition within ten (10) days fr��m the bid opening date. Bids must be made on �the basis of cash payment for work, and accompanied by a cash d.eposit, certified check (on a responsible bank in the State of M:innesota) or a bidder's bond made payable without condition to th�e City of Fridley, Minnesota, in an amount of not less than five pe:rcent (5�) of the total amount of the bid. The City Council reserve:s the right to reject any and all bids and to waive any inform�ilities in any bids received without explanation. No bid may be withdrawn for a period of sixty (60) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 17th day of c�ctober, 1988. Published: Fridley Focus October 19, 1988 October 26, 1988 November 2, 1988 NOTCBIDR John G. Flora, P.E. Public Works Director Construction Bulletin October 21, 1988 October 28, 1988 November 4, 1988 7B RL80L'ITTION NO. - 1988 A RESOLIITION ORDERIN(i PRELZMINARY PLl�iTB � SPBCZFZCATIONB A1dD ESTIMl�T$8 OF T8B C08T8 THEREOF: STRE�BT IMPROVEMENT PROJECT NO. ST. 1989 - 2 NOW, THERBFORE, B$ IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it appears ini the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Street improvements, inc:luding grading, stabilized base, hot-mix bituminous mat, concret�e curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, and other facilities located as follows: IINIVERSITY AVENOE WEST 83RD AVENOB TO NORTH 500� SERVICE DRIVE That the work involved in said improvements listed above shall hereafter be designated as: , STREET IMPROVEMENT PROJECT NO. ST. 1989 - 2 2. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is h.ereby authorized and directed to draw the preliminary plans and s��ecifications and to tabulate the results of his estimates of the c.osts of said improvements, including every item of cost from incept��on to completion and all fees and expenses incurred (or to be inc:urred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether ;said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminar�i report of the Public Works Director shall be furnished to the City� Council. PASSED AND ADOPT$D BY THS CITY COIINCIL OF THB CITY OF FRIDI,$Y THIB DAY OF , 1988. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CIT�t' CLERK RES189-2 : P.frk; ,M.��.,. �:� MEMORANDUM �' TO: William W. Burns, City Manager�� PW88-331 FROM: John G. Flora, Public Works Director DATE: October 13, 1988 SUBJECT: Final Payment and Final Settlement of Agreement to Discontinue Contract with J & O Construction, Inc. As it was discussed aft�er the August 22, 1988, Council meeting, the City has been negot�Lating with Mr. Lawrence Radden, attorney for J& O Construction, Inc., to terminate the existing 1988 Miscellaneous Concrete (.urb, Gutter and Sidewalk contract. The City Attorney was directed to obtain a release from the contract, based upon the paymeni: for all the work placed by J& O Construction, Inc. The City Attorney has rEaached an agreement with the contractor's attorney to settle the 19�88 Miscellaneous Concrete Curb, Gutter and Sidewalk contract based upon the final payment to J& O Construction, Inc. of $1,558.93. This is the contract amount for the work initiated previously approved by the Council. Upon final payment, th.e City Attorney will obtain the final agreement and necessary lien releases from the Contractor. Recommend the City Counc,il authorize the City Attorney to execute the final agreement with, J& O Construction, Inc. and approve the final payment of $1,558.93. JGF/ts � i � � Virgil C. Herrick David P. Newman ]ames D. Hoefc Gregg V. He�rick HE�;�[CK � 1�1EV��1 P.A. ATTORNEYS AT LAW September 19, 1988 Lawrence N. Radden Attorney at Law Suite 915, Grain Exchange Building 400 South Fourth Street Minneapolis, MN 55415 RE: City of Fridley/Thompson Dear ��fr. Radden: I have just received your letter of September 14, 1988 with a counter-proposal to the City's settlement offer as outlined in Virgil Herrick's August 24, 1988 letter. Inasmuch as our office received a phone confirmation of the acceptance by you of the City's proposal on September 9, 1988, I am confused by your letter. Our office was in the process of drafting the documents necessary to implement the City's offer as it was accepted by you on September 9, 1988. Given the fact that there is some confusion as to whether or not the Auqust 24, 1988 offer was accepted by you and since Virgil is out of town until September 26, 1988, our office will delay any further action on this matter pending his return. Sincerely, Gregg V. Herrick GVH/lal cc: Mark Burch � Suice 205, 6401 Univecsity Avcnue N. E. � Fridley, Minncsoca 55432, 612-571-3850 9A v� c. t�� a P. r��, Jama D. Hoe& Gregg V. i-[ecrick i iL/�J�D V{. l,�l 8d��'`' �� 1�� ATTORNEYS AT LA`V a�9�St 2a, � 9ss Lawrence N. Radden Attorney at Law Grain Exchange Buildin�� Suite 915 4Q0 South 4th St. Minneapolis, MN 55415 RE: City of Fridley - Thompson Oear Mr. Radden: I have discussed the Thompson contract with the Fridley City Council. They have ag�reed to the following proposal: 1. The parties will c��ncel the contract effective immediateiy. 2. The City will pa;y Mr. Thompson the sum of 51,558.93 which is the amount of work that he has satisfactorily compieted, which has not been pai�i previously. 3. 7he City wi�l fo�•ego a claim of E814.93 which is the cost that it will have to pay to remove the unsatisfactory spillways that were constructed Iyy Mr. Thompson. 4. The City will let the remaining work to another contractor. It will not make a �:laim against Mr. Thompson or the bonding. company for the diffE!rence betwee� the cost of this work and the bid price in thE! Thompson contract. However, should Mr. Thompson make a claim against the City for any additional sums, the City reserves the right to assert a counterclaim for these expenses. The Council is willing to forego its claims as stated in Items 3 a�d 4 above. It is not wfl�irtq to pay any additional money to Mr. Thompson. If this agreement is acceptable, I suggest that we enter into a Miutual Release. If you have any questi�m s, please give me a call. Sincerely, Virgii C. Herrick VCH:Idb Suite 205, 6401 Univcrsiry Avenuc N. E., Fridiey, �Iinnesoca 55432, 6l2•571-38�0 �' 'J LAWRENCE N. RADDEN n — oTttvR.scy at �aw 1'iccnsec� in diRic�ei9an, anc� c/i/�%nnesoEa �uiEe c��5, �utin �xchan9e ��. 40o cS 4t�e �lReet .� c�(innea�o�ls, �(rs 554��5 d%.�u: (6�z) 52z-�2n1 t��i,cc: (6�2) 333-988& September 27, 1988 Mr. Virgil Herrick, Esq. Suite 205, 6401 University N.E. Fridley, Minnesota 55432 RE; City of Fridle�r-T�lOmp80A, Dear Mr. Herrick: This letter confirms the telephone conversation you and I had todaq. On behalf, of Mr. Woodrow Ttuompson, I accept the proposals in your letter of August 24, 1988. You and i further agreed to keep open the payment of any work omitted from the $ 1,558.93. You will also draft all releases and settlement agreements. I loo forward ques ns, p ase call. Ver rul yours, La ence N. Rad e cc: Woody Thompson a check and releases. If you have any W MEMO TO: WILLIAlrI 1�1. BIIRNB� CITY MANAG$R �,`�'� FROM: WILLIAM �.. HIINT, ASSISTA1�iT TO THE CITY MANAGLR DAT$: OCTOBER ]L3, 1988 SIIBJ$CT: 1989 BOD�:$T FOR THE NORTH METRO CONVSNTION AND TOIIRISM I3IIREAQ The Agreement between the City of Fridley and the North Metro Convention and Tourism ]3ureau states in Article 4. BUDGET. that "The Bureau shall submiit its annual budget for review by the City Council on or before th� lst day of October of the year preceding the effective date of tlie budget." The Board of Directors c►f the Bureau considered the 1989 budget at their meeting of September 14, 1988. However, in their estimation, the document needed further study, and approval was postponed until their October meeting. The attached 1989 Budget: was approved by the Board of Directors of the Bureau at their October 12, 1988, meeting. I have reviewed the document, and as a Boarcl member concurred in the vote of approval. On behalf of the Nortlh Metro Convention and Tourism Bureau I request that you submit the budget to the City Council for reception and review at their October 17, 1988 meeting. WCH/ss c:\wp\nmctbbud.mem 10A ADMINISTRATION 1 Pr�� t 1988 Budget t% Salaries $ 57,000 $ 53,000 + 7.5 FICA — Employer 4, 500 4, 000 +12. 5 Federal Unemployment 500 300 +66.6 State Unemployment 2,000 1,500 +33.3 Telephone — Lease and Use 3,500 4,000 -12.5 Office Supplies 600 1,500 -60.0 Office Space — Lease 9,600 9,900 - 3.0 Utilities -0- -0- 0 Secretarial/Temporary 5, 000 3, 000 +&6. 6 Postage 1,500 1,500 0 Auto/Parking 4,000 4,500 -11.0 Loan Interest -0- 500 -ZOO.Q Printing/Stationery 2,000 2,000 0 Office Furniture -0- 2,600 -100.0 Office Equipment 1, 000 1, 500 -33. 3 Audit/Tax Preparation 2, 000 2, 000 0 Workers Comp. 1, 000 850 +17 . 6 Benefits 5, 400 5, 400 0 Liability Insurance — DdcO 3, 200 2, 909 +10.0 Liability Insurance — Genera�.l 1, 200 1, 025 +17 . 0 Other 1,000 1,000 0 $105,000 $102,984 + 1.9 10B MARKETING 1 p�� t 1988 Budget t% Direct Mail Collateral -0- 1, 000 •-100. 0 Meeting Planner 1, 000 1, 000 0 Visitor Guide 4, 000 7, 000 - 42. 9. Rate Brochure 2,000 1,500 + 33.3 Shell Folder 10, OQO 10, 000 0 Reference Materials 500 150 +233.0 Group Advertising 4, 000 3,190 + 25. 4 Tourism Advertising 55, 000 40, 000 + 37. 5 Agency Fees/Production 18, 000 16, 961 + 6.1 Promotional Items 1, 500 3, 539 - 57. 6 � Group Bids 5, 000 -0- +100. 0 Group/Motorcoach Brochure Z,000 -0- +100.0 Contingency 2,000 2,000 0 Group Response Card -0- 500 -100.0 $105,000 $ 86,840 + 20.9 SALES/SALES PROMOTION 1989 Budget 1988 Budget t% Proposed Hotel Expense — Travel $ S00 $ 1, 000 - 50% Meal Expense — Travel 500 500 0 Entertainment — Travel 3Q0 20Q + 50.0 Meal Expense — Local 200 -0- +100.0 Entertainment — Local 1, 000 500 +100. 0 Airline 500 300 + 33.3 Car Rental 300 200 + 50.0 Travel Shows/Blitzes 7, 700 2, 000 +285. 0 $ 11,000 $ 4,700 +134.0 10C MEMBEBSHIPS 1 p=� et 1988 Budget t% MACVB $ 200 $ 200 0 ASAE 235 235 0 MSAE 225 100 +125.0 HSMA 75 75 0 NESRA -0- 400 -100.0 MESRA -0- 200 -100.0 Brooklyn Center Chamber 1, 500 1, 500 0 Fridley Chamber 1, 500 2, 250 - 33. 3 North Hennepin Chamber 1, 500 1, 500 0 MPI -0- 200 -100.0 $ 5,235 $ 6,660 - 21.4 PUBLIC RELATIONS 1 Pr�� t 1988 Budget t% P.R. $ 10,000 $ 5,000 +100.0 � Local Promotions 5, 000 5, 000 0 $ 15,000 $ 10,000 + 50.0 TOTAL BUDGET ;241, 235 #211,184 + 14.2 11 TO: WILLIAM A. BIIFtNB� CITY MAl�il�G8R11A ip� • �` FROM: DATE: 11ILLIAM C. 8tJ1i1T, A88ISTA1�1'P TO TH8 CITY MANAGLR OCTOBER 12, 19�88 SIIBJECT: REVIBION OF CCINVENTION AND TOIIRISld BOREAII AGREEMFI�i'1' The original agreement l�etween the City of Fridley and the North Metro Convention and Tourism Bureau was approved by the Fridley City Council on July 21, 1986. It had a sunset provision in it by which the agreement wou.ld have terminated on December 31, 1987, unless both parties agr2°eed to its renewal. On December 7, 1987, th�e City Council approved a revision of the agreement which made it a continuing agreement unless one of the parties took action. According to the revised agreement that action had to be taken prior to June 30 of any calendar year and would be effective on December 31 of the calendar year following the year in which notice: of withdrawal was given. Accordingly, if the notice of withdrawa:l was made on June 30 of 1989, withdrawal could be effective DecE�mber 31 of 1990. However, if notice of withdrawal was given on July 1 of 1989, withdrawal would not be effective until Decembe:r 31 of 1991, some two and one half years later. Since the normal time fo�r the Council to consider withdrawal would be in October, when the Council receives the budget for the following year, it woul�d still be more than two years before the action to withdraw would take effect. Upon reviewing the revi:�ed agreement, David Newman, the Assistant City Attorney, was of thie opinion that this period of time was too lengthy. The matter w��s brought up at several meetings of the Board of Directors of th�e NortY� Metro Convention and Tourism Bureau with the result that at their April 12, 1988 meeting they approved a rewording of the agre:ement which would enable either party to withdraw from the agreement effective December 31 of the year following notice of witlzdrawal. It was felt this would give both parties ample time to adjust to the decision. At the same April 12, 1988 meeting, the Board of the Bureau also approved two typographical changes i�n Article 4 of the agreement. Since the Fridley City� Council regularly reviews the proposed budget of the North Metr�o Convention and Tourism Bureau in October of each year, I have waited to propose this matter until this time. I recommend that you present the attached resolution to the City Council for considerati��n at their meetinq of October 17, 1988. WCH/ch cc: David Newman RESO:LUTION NO. - 1988 RESOLQTION AIITHORIB:[iiQ E%BCIITION OF li► REVIS$D CONVENTION AND TOIIRISM AGREEMEINT WHEREAS, the North Metr�o Convention and Tourism Bureau, a non- profit organization incc�rporated under the Minnesota Non-Profit Corporation Act, Minnesota Statutes, Chapter 317, has as its purpose to professionally promote tourism and conventions in the North Suburban CommunitiEas, particularly along the I-694 corridor; and WHEREAS, the North Metro Convention and Tourism Bureau is able to serve as an administrator of funds collected from city lodging taxes under Minnesota Statutes, Chapter 477A.018; and WHEREAS, the City of Fr.idley entered into an agreement with the North Metro Convention and Tourism Bureau by virtue of Resolution No. 57-1986, dated July 21, 1986, and Resolution No. 99-1987, dated December 7, 1987; and WHEREAS, the Board of Directors of the North Metro Convention and Tourism Bureau at its me�eting of April 12, 1988 approved certain amendments to Article 1. TERM and Article 4. BUDGET.; and WHEREAS, the amended agrE.ement is attached hereto and incorporated herein by reference as Exhibit "A"; and WHEREAS, the terms and c:onditions of said agreement appear to be reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Mayor and the City Manager be and hereby are authorized to enter into the agreement which is attached hereto as Exhibit "A". This resolution shall bec:ome effective upon its passage and without publication. PASSED AND ADOPTED BY TH:E CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY' CLERK C:\WP\NMCTBAGR.RES 11A 11B EXHIBIT "A" CONVENTION AND TOIIRISH BIIREAII AGREEI�NT THIS AGREEMENT made betw�een the City of Fridley, MINNESOTA, a municipal corporation, (hereinafter rei'erred to as the "City") and the NORTH METRO CONVENTiON AND TOURISM BUREAU, a nonprofit corporation (hereinafter referred to as the "Bureau"). WHEREAS, the City has im�posed a tax on lodging to fund a convention and visitors bureau. WHEREAS, the Bureau has t:he staff, facility, and experience to carry out the objectives of promoting tYie City as a tourist and convention center. NOW, THEREFORE, the parties agree as follows: 1. TERM. The term of this agreement shall begin on August 1, 1986, and continue until cessation by nautual agreement or until withdrawal by one of the parties in accordance witki the following provisions: (a) The party withdrawing frc�m this agreement shall provide the other party written notice to that effe�ct //no later than June 30 of any calendar year//. � (b) Withdrawal shall be effective December 31 of the calendar year following the year in which �rritten notice of withdrawal is given. 2. SERVICES RENDERED BY BUR.EAU. The Bureau shall furnish the following services: (a) Informational services i�l answering inquiries about the City via mail, telephone, and personal conta�cts. (b) Provide planning, coc�rdinating and registration assistance to organizations and businesses. (c) Supply support material, including but not limited to name badges, city maps, typewriters, accommodat:ions list, and information in general. (d) Prepare and present audio visual presentations to groups to attract visitors to the City. (e) Distribute brochures, map�s and guides of the City to potential visitors and meeting planners. (f) Provide representation ��t trade shows, conventions, and exhibits to attract new visitors to the C'ity. (g) Promote the City as a co�nvention center for Minnesota by regional and state-wide advertising of the. City's hospitality industry and attractions. 11C Page 2 3. CHARGES. Basic services provided pursuant to paragraph 2 of this Agreement shall be without c2iarge to the person or organization utilizing such services unless authorized by contractual agreement or action of the board of directors. 4. BUDGET. The Bureau shall submit its annual budget for review by the City Council on or before the ist day of October of the year preceding the effective date of the budget. Such budget shall detail //with// specifically the uses to which monies rec.eived shall be spent to provide the services described in paragraph 2 of th.is Agreement. It is understood between the p�arties that the actual revenues being generated under paragraph 5 may vary from the amounts anticipated in the budget. For this reason it is agreed th.at the budqet may be modified without prior consent of the City Council, ��roviding that any adjustments shall be made by a two thirds (2/3) vote of the //board of directors// Bureau Board of Directors. Notwithstanding any other language to the contrary the Bureau shall not expend any sums beyond its re��enues. 5. FUNDING. On the 15th da:y of each month, the City shall remit to the Bureau, for funding of the Bu�reau, 95$ of the lodging tax payments received by the City, less refunds, in the preceding month during the term of this Agreement. 6. VERIFICATION OF EXPENDITURI�. The Bureau will provide the City a copy of the Bureau�s monthly financia]L statements, showing monthly, year-to-date, and budget figures, properly item�Lzed and verified by the director of the Bureau. The Finance Officer of the Ci.ty shall have the right of access to the books and records of the Bureau at any time during normal business hours to audit any item of revenue or expend:�ture. 7. HOLD HARMLESS. Any and all employees of the Hureau or any other persons, while engaged in the performance of any service required by the Bureau under this Agreement, shall not be considered employees of the City, and any and all claims that may or might <3rise under the Workers' Compensation Act of the State of Minnesota on behali' of said employees or other persons while so engaged, and any and all clai.ms made by the third party as a consequence of any act or omission on the part of the Bureau, or its agents or employees or other persons while so enqaged in any of the services provided to be rendered �erein, shall in no way be th�e obligation or the responsibility of the City. In connection therewith, the ]Bureau hereby agrees to indemnify, save and hold harmless, and defend the City and all of their officers, agents and employees from any and all claims, demands, actions or causes of actions of whatever nature or character arising� out of or by reason of the execution or performance of the services p:rovided for in this Agreement. 8. MULTIPLE CITY PARTICIPATION. It is contemplated that the Bureau in addition to providinq service:s to the City of Fridley will also provide the services described in paragra;ph 2 of this Agreement to the Cities of Brooklyn Park, Brooklyn Center and any other city duly enterinq into this agreement 11D Page 3 and that all Cities may be jointly promoted as a unitary convention and visitors bureau. Therefore, it is specifically authorized that funding for such joint promotion will be financed pursuant to this Agreement. 9. DISCRIMINATION. The Bureau, in providinq services hereunder shall comply with the provisions of Minnes��ta Statutes Section 181.59 as the same may be amended from time to time. The Bureau shall not discriminate aqainst any person or firm in any of its activities pursuant to Minnesota Statutes Section 181.59 which is incor�orated into this Agreement as though set forth in its entirety. l0. INSURANCE. The Bureau shall carry insurance to cover its employees and agents while performing servic;es pursuant to this Agreement. Such insurance shall provide comprehensive ge:neral liability and property damage coverage to the Bureau and its employees and agents in such amounts� as will equal the ap�Slicable limits of liability to which the City may be held pursuant to State Statute as the same may be amended from time to time. The Bureau shall also carry workers' compensat:ion as-required by Minnesota Statutes Section 176.182.and provide the City with proof of compliance with Section 176.182 before commencing to provide .�ervices hereunder. il. LAWS. The Bureau will �comply with all applicable federal, state and local laws in the performance of its obligations hereunder. 12. ADVERTISEMENT. All broc:hures, listings or advertisements of specific lodging facilities shall include mention of all facilities paying the lodging tax imposed by the City. 13. INTEGRATION. This docum,ent is fully integrated, embodying the entire Agreement between the parties,. IN WITNESS WHEREOF the parties have executed this Agreement on the dates below given. DATED: DATED: c:\wp\nmctb.agr CITY OF BY: BY: Its Mayor Its City Manager NORTH METRO CONVENTION AND TOURISM BUREAU BY: Its 12 CTTY OF FRIDLEY CATt1 ADVI90FtY �[ISSION P'�I'ING, S�'I'IIyBF�t 15, 1988 . C.AI�L TO OF�IIt: Chairperso� Stouffer called the Septenber 15, 1988, CAZiI Advisory Camnission meeting to order at 7:05 p.m. ROLL CAIS,: Memt�ers Present: Ralph Stouf`fer, Duane Peterson, RoUert Soott Members Absent: Barbara Huc�hes, Burt Weaver Others Present: Clyde Mora�►etz, City of Fridley Mark Hanmer-strom, Nortel Cable Colleen Anclerson, Nortel Cable Michele Carirod, Nortel Cable Paul Kasps.:ak, A�CW APPRC)VRL OF MAY 19, 1988, CA7CV ADVISORY COrMISSION MINUTES: MCnION by Mr. Peterson, secorxled by Mr. Scott, to apprwe the May 19, 1988, CATV Advisory Camtission minutes as written. UPON A VOICE VO'1'E, ALL VO►rING AYE, CHAIRPII2.SON SI'QJFFER DDCLARFD THE MOTION CARRIID U1�INIMOUSLY. APPROVAL OF AGII�IDA : MC7I'ION by Mr. Scott, seconded by Mr. Peterson, to approve the agenda as written. UPON A VOICE VOrI'E, ALL VdTII�,; AYE, CE�IIlZPEE2.SON SPOUF'FER DDCLARID TI� A'IUTION CARRID� U1�ININYJUSLY. - Z NORTEL REPORTS AND CORRESPOI�DE[�1CFS : p�, Letter Regarding Consoli�dation with Library Access (May 25, 1988) MOTION by Mr. Peterson, seaonded by Mr. Soott, to receive the letter. UPON A VOICE VO�I'E, AI�L ViO�TING AYE, CHP,IRPII2SON SPOUFFER DDCI� Tf� M(7rION CARRI�D UI�,NIl�CXJSLY. B. Letter Regarcling Service; and Rate Chan4es (Jurie 24, 1988) MOTION by Mr. So�tt, sec�or�ded by Mr• P'r'airie, to reoeive the letter. UPON� A VOIC� VCyI'E, ALL V'OTIlQG AYE, Ci��Il�PER.SON SI'OLTFFII� D�A�D TElE NI02ION CARRgD CR�,NIM(XJ:Z,Y . 12A CATV AWISOKY OOM�tISSION 1�ff�,TIlVG, S�T'II� 15, 1988 PAGE 2 C. Staff Response to Item B(July 8, 1988) 1�TION by Mr. Peterson, seaorx3ed by Mr. Scott, to reaeive the �resporLSe. UPON A VOICE V(7I'E, ALL Vl7►TING AYE, CF�IRPER90N SrOUF'FE�t D� TF� ML7rION CARRIID UNANIl'40i[J'SZY. A Nortel Response tA Iten, C(July 12 , 19 8 8) t�0►rloiv by Mr. so�tt, sevonded by Mr. Peterson, to r�ceive the response from Nortel. i • �' • � • • � r� ��• �- • r �- � a« � - �� ia • • • -�• �� r• � • ti E. Receive Seoond Quarter 1988 Franchise Fee (July 15, 1988) MfJTION by Mr. Peterson, seaonded by Mr. Scott to receive the S�ond Quarter 1988 Franchise ]Fee dated July 15, 1988. UPON A VOICE VCJI'E, ALL �JOTING AYE, CHAII�II2SON SPO[JFF�R DDLZ�iF� Tf� Ni(7TION CP,RRIF� UNANIl"ICXJ;�Y. Mr. Stouffer requested i�hat fran nvw on when the giarterly Franchise Fee is received that No�rtel give the Catmission four back quarters plus the current quarter so ifiat they can get a more accurate catparisan. r'�'• F�rerstrom stated he would be glad to do that. F. Annual Privacy Notificat:ion to C�stcmers (May 25�� 1988) MO2ION by Mr, Soott, sec�onded by Mr. Petersan, to recieve the Annual Privacy Notificati� to Cust.cmers dated May 25, 1988. UPON A VOICE VOQ'E, ALL ��OTING AYE, CF�IRP'ER.90N SrOUF�'ER DD�F2ID TI� M(7TION CARR� UI�NIl�O[7.�,Y . G. Discontinued Senior Citi.zen Discounts (July 21, 1988) MO�ION by Nlr. Petersoil, Sec:oilded by Mr. SOOtt, t0 receive the Discontin�d Seniar Citi.zen Disoaints dated July 21, 1988. UPON A VOICE VOri'E, AI�L V'OTING AYE, �PF�L2SON SI�O[JFF'ER DD(�i2ID Tf� MO►rION CARRI.F� UI�1NIl�i0US�,Y. H. Staff Response t,p Senior' Citi2en Disoounts (July 27, 1gg$) MOiTION by Mr. Scott, secnnded by Mr. Peterson, t,o r+ec,eive the staff response. c� A wicE vo�rE, �i,�, v�o►rnJC A�, c��sori s�� n��n � MrJTION CARR.gD U�I�►NIl�IQJSLY. . 12B CATV ADVI90RY OQ�A7ISSION N�TIIJG, SF�TII�IDgt 15 , 19 88 PAGE 3 I. Nortel's Clarification Regarding Senior Discounts (July 29, 1988) MOTION by Mr. Prairie, secanded by Mr, So�tt, to receive l�brt�el's c�a i icatioci regarding the seni.or discaauits dated July 29, 1988. CJPC)IQ A VOICE VO�i'E, AL,L Vl7TING AYE�, Ci�2RPIIZ.SON S'I�OLTF'F'IIt DD: L�ARID TI� MCII'ION CARRIID UI�,NIMiQJSLY. J. Tentative PlanrLing Schediule for Rebuild GAugust 10, 1988) MOTION by Nlr. Svott, sec�onded by Mr. Prairie, to receive the tentative p�ng schedule for ttne rebuild, Mr. Moravetz stated he h�ad asked Mr. ��erstran to submi.t a tentative schedule so the Cannissi.on memb�rs cvuld see where Nortel was at an the rebui.ld, ar�d ev+ery month or every two m�nths, Dir. Hamrerstran could give a report on the prc�gress . i�• Receive Operations Updat�e Mr. Hanmerstran i.ntrod�c:ed Colleen Anderson, Nortel's new Custaner Servioe S�pezvisar, and Michele Conrod� his Assistant Manager. Mr. Moravetz stated Nort:el abvib�sly still has a lot of teleghone prablens. Mr. Hanmerstroat► stated r'lr. Nbravetz was right. They are still having some problems with the 1.elephones . He stated that was one of the reasons why he had introduced M:�. Andersan and PLs. Conrod, as they are responsible for the operations of tiie front office--Ms. Anderson irore directly rx7w. He stated D4s. Anderson �Till be watching the telephones every single day making sure they are ad�3quately staffed. � Mr. Hamaerstro�n stated lhey have 15 telephane lines, with 11 peaple an_�wering the telephane;s. There are three primary fticu.ses of the tele- phone system: the rece��tion desk, the custaner servioe line, and the repair service line. Tl�ere are also a rnm�ber of private lines. He stated they have found there aire really tw�o times when they have difficulty in dealing with the telephc�nesa (1) at billing times; and (2) when they experience an outage. Mr. Hatrmerstran stated �that as discussed during the refranc3zising, they have n�t found ariy tec3vnology that can help them prev�ent the j acmiing of the telephone lines whe�n a major outage oocurs. He stated they have t�a�o choioes . T'hey can eith��r hire a lot mc�re peq�le and ha�ve more telephone lines twhich was rather ir�ractical) or they can try to fix the proble�s faster, and that is the chaioe they wi�.l be focusing on. Mr. Ha�tmerstrom stated that regarding the billing situation, they have looked at sane cycle bi.11ing. That wvuld help spread the billing out, but the problem is it i.s riot a simple ac�ernight project. However, they are taking sane ste�ps in that directiori. Tt�ey are working on increasing their staff � billi.ng days. That is oa�e of the reasoc�.s why theY created a new positioai and hirexl Ms. Anderson. 12C CAZV P,D�T190�t C7�'�LISSIOr1 MEET7NG, SEpPII'�t 15, 1988 PAGE 4 Mr. Ha�trerstran stated thExe are several changes they are going to be making. Hiring Ms. Ander:� was or�e of the first changes. Ac�ain, she is in charge of deaLing w��th the tele�pho�es and the staffing of the telephones on a day to da�i, evezy day basis. Mr. Haitmerstran stated th�y have also made sclne modification.s to the averall operating structwre. One thing that happet�ed in August was the an_swering senrice they ha�se be�n using went out of bvsiness. They have n� decided it gays theqn �:.o be irrhouse until 10 :00 p.m. , so they riow have their own aperators �3vailable evesy night until 10:00 p.m. Monday through Saturday, exoept :Eor Sinday, so they are essentially apen far repair service in-ha�se between �the houts of 8:00 a.m. - 10:00 p.m. Monday through Saturday. S�u�days they a�ce vpen 3:00 p.m. - 9:00 p.m. That gives than an i�iacy; there is no on�. betw�een thesn and their custamers during those prime time ho�rs. Repair staff is r8quested that if a custcmer requests a repair during those hours, they are to qo out and fix the proble�n. Mr. I�-uimerstran stated th�e seoond thing that happened is they will have a m�nager on call beginning I�bnday, Sept. 19. So, besides Bruce Thc[ipson, the Technical Plant Manag�er, being on call 24 hours a day for technical service, one of the managers will also be available for custaner issues that might arise . Mr. Hai�rstroen stated they have a new arLSwering service they will use ' only during the late nic�t ho�urs after 10:00 p.m. and before 8:00 a.m. Monday through Saturday and after 9:00 p.m. and before 9:00 a.m. on S�ndays . II. AI�10KA COUNI'Y CQ�'S�JNICATIONS 4i1�P.KSHOP NIdTION by Mr. S�tt, secondecl by Mr. Peterson, to receive the follvwing vorrespondence: A. Letter from ACC:W to Mr. Stouffer regarding �quigrent Grant Money Request (June 24, 1988) B. Letter fran ACGW to Mr. Stouffer Regarding Thanking Cann?ssion for S�pport of Above (August: 30, 1988) C. Resolution and Agreenenl. (Dchibit A) Regarding E7quigne�it Grant to � ACCW fram City UPON A VOZCE VaI'E, ALL VC)TIAXi AYE, CHAIRPER.SON STOUr'F�lt DDL�RED TiIE MaTION C�1P1t� iJ1�NIl�IWSLY. D. Discussio� Regarding Hoi.ising of all Acce.ss Fk�iipnent at the AC(.'W Facilities (per Burt We�3ver) Mr. Moravetz stated Mr. Weaver �t perhap� all acc�ss equipment, ev�en the equipmeiit �sed and aar�ed by the City, shoiuld be ha�.sed at the A�JCw stuciios. He stated he cauld see Mr. weaver's ooncern from the standpoint that tliey wvuld la�ow where ev�exything is arld evezytiiin9 is oentrally located; but fran a practical stanr3point, it is physically inpossible . AOCW does not have ti�e space. There is sa� e�uipment the City uses on a day to day basis, and it would riot be convenient to be going back and forth between the ACX.'h1 studio and the City. 12D CAZ�1 ADVI90RY aNMISSION NIEETIlJG, SF�'i�'�t 15, 1988 PAGE 5 Mr. Stouffer stated he had m p�blgn with things the way they are ndw. He stated maybe Mr. W�eav�rr would like to have an annual inventory c�ecklist so that all the equignen•t is acoaunted for on a�early basis.� Mr. Pau1 K�Spszak stated they have to r��Uer that there are three different organizatio�s doing their a�m progra�ming: the schools, the City, and the AOC.'W. III . ii�ENE FRIDI�Y CAffi� CON9(if�rlt]M {FOC ) i�'I'ING NiII�IUTE►S : MCI�ION by Mr. Peters�, sevonded by Mr, Scott, to receive the Fridley Cable Consortiim► (FOC) meeting mi.rnstes for May 4� 1988, June 1, 1988, June 29, 1988, and July 27, 1988. UPON A VOICE VC7I'E, ALL VdTING AYE, CI��ER.9pN STOUFF�2 DDC�LARID TF� NypTION CARR� UI�INIMQJSLY. • � • • �� M�0'I'ION by Mr. Scott, seeonded by Mr, peterson, to adjourn the meeting. Upon a voice vr�te, all voting aye, c�-iai r�rsan Stouffer declared the Septer�er 15, 1988, CATV Advisory Conmission mee�ting adjournc.�d at 7:57 p.m. Respectfully s 'tted, � ��U L Saba Recbrding Secretary � FOR CONCURREINCE BY THE CITY COUNCIL OCTOBER 17, 1988 GAS SERVICES Milts Gas Heating Service :Inc. 2500 Longview Drive New Brighton, MN 55112 By: Milt Witzmann GENERAL CONTRACTOR H. C. R. Cont racti ng 17555 Nawtfien Blvd N.W. Anoka, MN 55303 By: H. Ralph Hunt Niznik Construction 203 Main Street N. E. Minneapolis, NIId 55413 By: David Niznik Phillips Klein C�panies, Inc. 708 North lst Street, Suite 334 Minneapolis, MN 55401 By; Michael Klein Rafco Construction Co. 7831 Edgebrook Drive St. Louis Park, NIld 55426 By: Roger Friedell PLUMBING Loop Belden Porter, Inc. 315 Rayalston Avenue Nortlh Minneapolis, MN 55405 Hy: Douglas Hayes Olson Plumbing 931 - 44th Avenue N.E. Minneapolis , NIld 55421 By : Vern Olson ROOFING Mike Hinck Roof ing 4932 Northern Road Mound, NID1 55364 By; Mike Hinck Morningside Construction Co. 4003 Morningside Road Edina, NR�1 55416 By: Steve Greenbush Northside Roofers & Builciers Inc. 14120 County Road 9 Plymouth, MN 55441 By: C�ry Berthaume -- LICENSES APPROVED BY WILLIAM SANDIN Plbg.- Htg. Insp. DARREL CLARK Chief Bldg. Oicl. Same Same S atne STATE OF MINN Same DARREL CLARK Chief Bldg. Ofcl. Same Same 15A MEMORANDUM TO: John G. Flora, Public Works Director PW88-330 FROM: Mark L. Burch, Asst. Public Works Director DATE: October 13, 1988 SUBJECT: Final Estimate to H& S Asphalt, Inc. for Street Improvement Pra�ject No. ST. 1986 - 1& 2, Phase 2 We are forwarding to the City Council for consideration at their October 17 meeting the final estimate for Street Improvement Project No. ST. 1986 - 1& 2, Phase 2. This project was let in :1986 with the Phase 1 portion consisting of .street construction for 1986 projects and the Phase 2 portion including all the street and storm sewer facilities for the Lake Pointe development site. The Lake Pointe Developme:nt site street improvements were delayed due to problems in comple�ting the soil correction work on the site and scheduling conflicts with the landscaping improvements. The project is now complete and we can make final payment to H& S Asphalt, Inc. The final contract amouni� for Street Improvement Project No. ST. 1986 - 1& 2, Phase 2 is $421,631.10. This amount is approximal=ely 5 percent above the contract amount due to additional work on the street subgrade and some minor realignments in the storm sewer system. We recommend that the Cit:y Council approve the final estimate for Street Improvement Projer.t No. ST. 1986 - 1& 2, Phase 2 and make a final payment to H& S Asphalt, Inc. of $26,339.18. MLB/ts �. �� a :ITY OF fRI�L�Y EN6INEERiN6 CE?AP,?MEMT 6431 UNIVERSITY AVENU� N.E. fR[OLEY, MtNNESQTA 5543? QATE: OCT08EA 17, l988 T0: Honorable �layor and City Council RE: Estisate No. 12 (Finall City of Frid!ey 5T. 1986-1lc2 (PHA5E 2 1 Period Ending:l9-13-88 b431 lJnivereity Avenue N,�. Fridley, Mir^es�±a 5543� For: H& S Aephalt, Inc. 1188 lndustry Blvd. Anoka, Mn. 55303 STATEflENT �F iiORb: - STREET IMPR�VEMENT PAQJEC? ST. 1986-ttc2 IPHASE 2} CONTRACT ITEM � StnrA SeMer Manhole Valve Box Adju:±aent 1?' RCP 5tors Fipe 15° RCP StOfo Pipe Construct Catch Basin 'G" Adjust Fraee & Ring Casting ?7" RCP Stora Pipe Cooeon Excavation Res�ve Con�rete Cu�b k fiut!er Concre±e Cur6 & 6utter (B-b-1@1 18' RCP 5tor. Pipe 21' RCP Storo Pipe 8' PVC Perforated Pipe Aggregate Class V Base 24' RCP Stor� Pipe Bituainou5 Material for Tack Coat Yearing Course Mixt�re Binder Course Mixture Bitu�inous Material for Mixtu�e 12' RCP Apron N/ Trash 6uard 15' RCP Apron M/ Trash 6uard 18' RCP Apron M/ Trash 6uard 36' Arch RCP Stor� Pipe 4' �oubie Broken YelloM 2�' Nhite 5top Bar 4' Broken Yellow 4' Broken White Pave�ent Messages b8' Stor� Strutture 36' R.C.P.Arch AFron N/ Trash 6uard 21' RCP Apron M/ Trash 6uard ?4' RCP Apron M/ Trash 6uard 27' RCP Apron r/ Trash 6utrd Ch�nge O�der # 2 6 1 3 TOTAI ---------------------------------------------------------------------- ESti�ated Unit aUANTITY THIS TOTAL Quantity Price 11NI? ESTIMATE Qt1ANTITY ---------------------------------------------------------------------- � 23 13 8b3 1137 18 51 355 b88B �ee 186881 418i 1423� 15811 ieez�i 2381 340lI 252lI 247�' 21;i :� :' ;i 76 ne`� 84 41i1 18i! 1;2 a. Il �t 1 :t l 788.88 75.A8 15.88 i�.ae 638.8@ 85.88 26.88 2.@8 2.@8 4.48 18.88 ?B.Be 11.58 6.68 23.88 0.18 13.28 11.88 1b5.88 288.88 2ee.0e zee. ee b5.88 1.25 1.25 1.25 1.25 14�.88 i,beo.ea 528.A8 3e1.88 4ea. ee 52i.�1 496i.ee Each Each Lin. Ft. Lin. ft. Each Each Lin. Ft. Cu. Yd. lin. Ft. Lin.Ft. Li n. Ft. ��. Ft. Lin. Ft. Tan Lin. Ft. 6a1. Ton Ton Ton Each Each Each Lin. Ft. Lin. Ft. Lin. Ft. Lin. Ft. Lin, ft. Each Each Each Each Each Each Lu�P Su� . 8 8 8 8 8 e 8 8 B e a a 8 0 e 8 8 a 8 8 e A 2292 92 61@ 148 t2 e e e e 8 e ?4 31 959 1118 18 5t :i96 b943 488 t8936 529 1386 1521 t2597 Y32 1365 2638 2131 386 4 3 4 86 2292 92 61O 140 12 2 t 2 i 2 i 15B 1pTAl AMpUNT tb,8@8.@0 2,325.Be 14,385.8e 19,88b,80 6,�88,89 4,335.8e 18�29b.88 t3,886,80 see. ee aa, i ia. 4e 9,522.88 27,720.Aa 17,568.58 83,148.Z1 5,33b. N 136.51 34,821.61 32,225.Se 58,498.8i e0e. ea 60�. N 1�12f.l� s,s4e.0 2,865.11 115.l1 Tb2.51 175.ai 1,68l.81 3,2i1.8� sze. eo biB. Ai �ae. e� 1,14e.l� 496l.ai ---------------------------------------------- f421�b31.1Y I 5UMMARY: Driginal Contract A�ount , Contract Additians i C.O,� 1 i C.O.! 2 h C.O.f 3f k C.O.f 41 Contract �eductions Rerised Contract A�ount Value Coapleted To Oate A�ount Retained t8i) LesS A�ount Paid Previously AMQUNT OUE THt5 ESiIMATE CERTIFICATE Of TNE CDNTRACTOR 15C f3b8,854.2Y S3T,218.80 fB.Bv f4Y/,1b4.1i f�21,b31.11 38.8A 5395,231.92 316,399.18 I hereby cer±ify that the Mark perforaed and the �aterials supplied to date under the ter�s of the contract for thi5 project, and 3l1 authori:ed changes thereto, have an actual value under the contract of the a�ounts shoMn on this I estiaate ( the final quantities on the final estieat.e are correct}, and that thi5 esti�ate is just and corrett and no � part f t e'� t Oue This Estiaate' en received. i J BY --�-� - -- -'- - ---- Date / � � �3 �� ' --1--- ------ ------------------ Contractor's autharized Representative (Titlel I CERTIfICATE OF THE EN6INEER I here6y certify that I have prepare8 or exaeined this esti�ate, and that the contra�tor is entitled to pay�ent of this ' estieate under the contract for reference proJect. CIT� "< <oT�� „ T�,.��,.r�., Hy Checked 8y �� Date ---� � /--!�(� _I Respectfully Su4titted, --- ---------------------- J n 6. Flora� P.E. � ublic Morks Oire�tor CITY OF FRIDLEY pIIBI�IC WORRS DBPl�RTMBNT ENGINEBRING DIVISION 6431 IIniversity Ave., N.S. Fridley, I�i 55432 October 17, 1988 Honorable Mayor and City Council City of Fridley C/O William W. Burns, Ci1�y Manager 6431 University Ave., N.13. Fridley, MN 55432 Council Members: CERTI]PICATE OF THE ENGINEER We hereby submit the Fina.l Estimate for Street Improvement Project No. ST. 1986 - 1& 2, Phase 2 for H& S Asphalt, Inc., 1700 Industry Blvd., Anoka, MW, 55303. We have viewed the work under contract for the construction of Street Improvement Project No. ST. 1986 - 1& 2, Phase 2 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one-year contractual maintenance ]�ond commence on October 11, 1988. Respectfully submitted, �� - rai4n G. Flora �%"Director of Public Works �� Prepared by Checked by: JT/ts 15D October 17, 1988 15E City of Fridley STREET IMPROVEMENT PROJEC'.[' NO. ST. 1986 - 1& 2, PHASE 2 CERTI]FICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein riave been actually furnished and done for the above-mentioned proj�ects in accordance with the plans and specifications heretofore approved. The fin�l contract cost is $1,219,750.00 and the final payment of $26,399.18 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the pena:lties of perjury that this statement is just and correct. H 6 S ASPHALT, INC. �� . ��/ 5 � � William B. Miller - Project Manager JT/ts 15F October 17, 1988 To: Public Works Directc�r City of Fridley REPORT ON FINAL INSP$CTION FOR CITY OF FRIDLBY STREET IMPROVEMENT PROJSCT NO. ST. 1986 - 1 i 2, PHASS 2 We, the undersigned, have inspected the above-mentioned project and find that the work re�uired by the contract is substantially complete in conformity w�ith the plans and specifications of the project. All deficiencies have bee:n corrected by the contractor. Also, the work for which the City� feels the contractor should receive a reduced price has been aqreed upon by the contractor. So, therefore, we recomaaend to you that the City approve the attached FINAL ESTIMATE� for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being October 11, 1'�88. on T son, Constructi Inspector a �� Contractor Representative, ( itle) JT/ts