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PLEDGE OF ALLEGIAMCE:
PRESENTATION OF AYARDS OR PROCIAMATIONS:
Fridley VFU Presentation of Flag
APPROVAL OF MINUTES:
Councit Meeting, October 17, 1988
ADOPTION OF AGENDA-
OPEN FORUM, VISITORS:
(Consideration of items not on agenda - 15 minutes)
NEY BUSINESS-
Consideration of RevieWing Response to Public
Hearing o� Apache Camping Center . . . . . . . . t
Consideration of a Resolution Authorizing
Changes for the Capital Improvement Fund
for the Civic Center Remodeling Fund ...... 2
Consideration of Hockey Rink Site . . . . . . . . 3
Receiving the Minutes of Planning Comnission
Meeting of October 19, 1988 . . . . . . . . . . . 4
A. Consideration of Setting a Pubtic
Hearing on November 21, 1988 for
Rezoning from C-3, General Shopping, to
R-3, General Multiple Dwelling, on Lot 2,
Btock 1, Pearson's Second Addition and
Outtot A, Pearson's Second Addition,
Generally Located North of 77th Avenue
and East of East River Road, by Paul
Schaefer
Planning Commission Recortmendation: Approval
Council Action Needed: Set Public Hearing for
November 21, 198
� ,�E � �
NOVEMBER 7, 1988
Consideration of Setting a Public Hearing
on November 21, 1988 for Review of a
Special Use Permit, SP 1�87-17, Allowing
Exterior Storage of Materials and Equipment
on Part of Lot t, Auditor's Subdivision
No. 19, the Same Being 4500 Main Street
N.E., by Centrat Roofing Company • • • • • • • • 5
Consideration of Advertising for a Water
Supply System Study . . . . . . . . . . . . . . . 6
Consideration of a Resolution Opposing
the Spreading of Costs for Combined
Seuer Separation Upon the State Treasury .... 7
Receiving Petition No. 21-1988 Requesting
Improvements to the Sears Parking Lot
and Agreeing to pay 100 Percent of the
Improvements for Street Improvement
Project No. ST. 1988 - 1& 2
and
Consideration of Change Order No. 4
for Street Improvement Project No. ST.
1988 - 1 & 2 . . . . . . . . . . . . . . . . . .8
��S'l�i. D�
Consideration ot Petition No. 23 - 1988
Requesting the Removal of a Boutevard
7ree at 129 Horizon Circle . . . . . . . . . . . 9
Consideration of a Motion to Allow a
a Porch to be Built Over a Sanitary
Sewer Easement Located at 5505 West
Danube Road . . . . . . . . . . . . . . . . . . . 10
Consideration of a Proposed Cable
Television Agreement Between ACCW and
the City for 7989 . . . . . . . . . . . . . . . . 11
Consideration of Approval of an Opticom
Work Order . . . . . . . . . . . . . . . . . . . 12
Consideration of a Charitable Gambling
License to Minnesota Therapeutic Camp
Inc. . . . . . . . . . . . . . . . . . . . . . . 13
Claims . . . . . . . . . . . . . . . . . . . . . 14
L i censes . . . . . . . . . . . . . . . . . . . . 15
Estimates . . . . . . . . . . . . . . . . . . . . 16
Adjourn:
n
�
NOVEMBER 7, 1988
The folloNinq are tbe ��ACTIONS NEEDED�� to be taken by the noted
departments. Please tppe pour ��ACTIONS TAREN�� on the attacbed
diskette and pass on to the neut person on the list. Answers and
diskette must be returned to the City Manaqer�s Office no later
than 9:00 a.m. on Thursday, November 1�, 1988.
----------------------------------------------------------------
PRESENTATION OF AWARDS OR PROCLAMATIONB:
Fridley VFW Presentation of Flag
Presented,
APPROVAL OF MINIITES:
Council Meeting, October 17, 1988
Approved
ADOPTION OF AGENDA:
Add: licenses � estimates
delete item �11
OPEN FORIIM, VIBITORB:
Mr. DuWayne Skoglund requested building permit fees be
waived due to the drought
COMMIINITY DEVELOPMENT--ACTION NEEDED: Submit report
CITY MANAGER--ACTION NEEDED: �Forward letter to be drafted by
Councilman Fitzpatrick to Commissioner Hatch
� Council Meetinq, November 7, 1988 Paqe 2
,
NEW BIISINE88:
Consideration of Reviewing Response to Public
Hearing on Apache Camping Center . . . . . . . . 1 - 1 D �
Approved
COMMIINITY DEVELOPMENT--ACTION NEEDED: Proceed with Findings
of Fact and Conclusions of Law and Order
Consideration of a Resolution Authorizing
Changes for the Capital Improvement Fund
for the Civic Center Remodeling Fund ...... 2- 2 A
Resolution 100-1988 adopted -
CENTRAL SERVICE--ACTION NEEDED: Proceed as authorized
Consideration of Hockey Rink Site ........ 3- 3 A
Approved for staff to enter into
negotiations with Islamic Society
PIIBLIC WORRB--ACTION NEEDED: Notify residents when appropriate
Receiving the Minutes of Planning Commission
Meeting of October 19, 1988 . . . . . . . . . . . 4 - 4 M
Received
A. Consideration of Setting a Public
Hearing on November 21, 1988 for
Rezoning from C-3, General Shopping, to
R-3, General Multiple Dwelling, on Lot 2,
Block 1, Pearson's Second Addition and
Outlot A, Pearson's Second Addition,
Generally Located North of 77th Avenue
and East of East River Road, by Paul
Schaefer
Plannina Commission Recommendation: Denial
Council Action Needed: Set Public Hearing for
November 21, 198
Set public hearing for 11/21/88
CO�IINITY DEVSLOPMENT--ACTION NEEDED: Proceed with setting
public hearing for November 21, 1988
Council Meetiaq, November 7, 1988
NEW BIISINESB (CONTINLJED):
Pnqe 3
�
Consideration of Setting a Public Hearing
on November 21, 1988 for Review of a
Special Use Permit, SP �87-17, Allowing
Exterior Storage of Materials and Equipment
on Part of Lot 1, Auditor's Subdivision
No. 19, the Same Being 4500 Main Street
N.E., by Central Roofing Company ........ 5- 5 H
Set public hearing for 11/21/88
CENTRAL SERVICE--ACTION NEEDED: Proceed with setting
public hearing for November 21, 1988 and notify surrounding
property owners
Consideration of Advertising for a Water
Supply System Study . . . . . . . . . . . . . . . 6 - 6 B
Approved
PIIBLIC WORRS--ACTION NEEDED: Proceed as authorized
Consideration of a Resolution Opposing
the Spreading of Costs for Combined
Sewer Separation Upon the State Treasury .... 7- 7 F
Resolution 101-1988 adopted
PIIHLIC WORRS--ACTION NEEDED: Proceed as authorized
Receiving Petition No. 21-1988 Requesting
Improvements to the Sears Parking Lot
and Agreeing to pay 100 Percent of the
Improvements for Street Improvement
Project No. ST. 1988 - 1& 2
Received
and
Consideration of Change Order No. 4
for Street Improvement Project No. ST.
1988 - 1 & 2 . . . . . . . . . . . . . . . . . . .8 - 8 F
Approved Change Order #4 for $47,190.75
PIIBLIC WORKS--ACTION NEEDED: Proceed as authorized
Council Keetinq, November 7, 1988 Paqe 4
NEW BIISINEBS (CONTINIIED): �
Consideration of Petition No. 23 - 1988
Requesting the Removal of a Boulevard �
Tree at 129 Horizon Circle . . . . . . . . . . . 9 - 9 B
Received Petition 23-1988 and authorized
removal of tree
PIIHLIC 110RR8--ACTION NEEDED: Proceed as authorized
Consideration of a Motion to Allow a
a Porch to be Built Over a Sanitary
Sewer Easement Located at 5505 West
Danube Road . . . . . . . . . . . . . . . . . . . 10 - 10 C
Approved
PIIBLZC WORRS--ACTION NEEDED: Record hold harmless agreement
with the County
Consideration of a Proposed Cable
Television Agreement Between ACCW and
the City for 1989 . . . . . . . . . . . . . . . . 11 - 11 H
Deleted
POBLZC WORRS--ACTION NEEDED: No action needed
Consideration of Approval of an Opticom
Work Order . . . . . . . . . . . . . . . . . . . 12 - 12 C
Approved
FIRE DEPT.--ACTION NSEDED: Proceed as authorized
s Council Keetinq, Hovamber 7, 1988
NEW BU8INE88 (CONTINIIED):
Paqe S
Consideration of a Charitable Gambling
License to Minnesota Therapeutic Camp --
Inc. . . . . . . . . . . . . . . . . . . . . . . 13 - 13 A
�ENTRAL SERVICE--ACTION NEEDED: Determine if this would
comply with the Charitable Gambling Ordinance
Claims . . . . . . . . . . . . . . . . . . . . . 14
Approved
CENTRAL SERVICE--ACTION NEEDED: Pay claims
Licenses . . . . . . . . . . . . . . . . . . . . 15 - 15 D
Approved
CENTRAL SERVICE--l�CTION NEEDED: Issue Licenses
Estimates . . . . . . . . . . . . . . . . . . . . 16
Approved
CENTRAL SERVICE--ACTION NEEDED: Pay estimates.
Civic Center Project Estimate of 11/4/88 approved
Adjourn: 9:42 p.m.
� FRIDLEY CI TY COUNCIL
NOVEKBSR 7, 1988
�LEDGE OF !►LLEGZP►IJCE :
PREBENTATION OF A11!►RD8 OR PROCLAId�TIONS :
Fridley VFW Presentation of Flag
l,PPROVAL OF 1dINUTE6:
Council Meeting, October 17, 1988
; ADOPTION OF l�GENDA:
OBSId �ORIIIi, VISITORB :
(Consideration of items not on agenda - 15 minutes)
council Xeetinq, November 7, 198s
NEW BOSINESS:
Paqe 2
Consideration of Reviewing Response to Public
Hearing on Apache Camping Center ........ 1- 1 D
Consideration of a Resolution Authorizing
Changes for the Capital Improvement Fund
for the Civic Center Remodeling Fund ...... 2- 2 A
Consideration of Hockey Rink Site ........ 3- 3 A
Receiving the Minutes of Planning Commission ,
Meeting of October 19, 1988 . . . . . . . . . . . 4 - 4 :M
A. Consideration of Setting a Public
Hearing -on November 21, 1988 for
Rezoning from C-3, General Shopping, to -
R-3, General Multiple Dwelling, on Lot 2,
Block 1, Pearson's Second Addition and
Outlot A, Pearson's Second Addition,
Generally Located North of 77th Avenue
and East of East River Road, by Paul
Schaefer
PlanninQ Commission Recommendation: Approval
Council Action Needed: Set Public Hearing for
November 21, 198
Council Meetinq, November 7, 1988
NEW BUSINE88 (CONTINIIED):
Paqe 3
Consideration of Setting a Public Hearing
on November 21, 1988 for Review of a
Special Use Permit, SP #87-17, Allowing
Exterior Storage of Materials and Equipment
on Part of Lot l, Auditor's Subdivision
No. 19, the Same Being 4500 Main Street
N.E., by Central Roofing Company ........ 5- 5 H
Consideration of Advertising for a Water
Supply System Study . . . . . . . . . . . . . . . 6 - 6 B
Consideration of a Resolution Opposing
the Spreading of Costs for Combined
Sewer Separation Upon the State Treasury .... 7- 7 F
Receiving Petition No. 21-1988 Requesting
Improvements to the Sears Parking Lot
and Agreeing to pay 100 Percent of the
Improvements for Street Improvement
Project No. ST. 1988 - 1& 2
and
Consideration of Change Order No. 4
for Street Improve�µent Project No. ST.
1988 - 1 & 2 . . . . . . . . . . . . . . . . . . .8 - 8 F
Co�ncil Meetinq, Novamber 7, 1988
NEW BIISINESS (CONTINIIBD):
Paqe 4
Consideration of Petition No. 23 - 1988
Requesting the Removal of a Boulevard
Tree at 129 Horizon Circle . . . . . . . . . . . 9 - 9 B
Consideration of a Motion to Al1ow a
a Porch to be Built Over a Sanitary
Sewer Easement Located at 5505 West
Danube Road . . . . . . . . . . . . . . . . . . . 10 - 10 C
Consideration of a Proposed Cable
Television Agreement Between ACCW and
the City for 1989 . . . . . . . . . . . . . . . . 11 - 11 H
Consideration of Approval of an Opticom
Work Order . . . . . . . . . . . . . . . . . . . 12 - 12 C
I
Council Keetinq, xovsaber 7, 1988 Paqe 5
�TE11 BDBINE88 (CODTTII�lIIBD) :
Consideration of a Charitable Gambling
License to Minnesota Therapeutic Camp
Inc. . . . . . . . . . . . . . . . . . . . . . . 13 - 13 A
Claims . . . . . . . . . . . . . . . . . . . . . 14
Licenses . . . . . . . . . . . . . . . . . . . . 15 - 15 D
Estimates . . . . . . . . . . . . . . . . . . . . 16
�idj ourn :
�
.THE MINUTES OF THE FRIDLEY CITY CO.UNCIL MEETING OF
OCTOBER 17, 1988
,
�
THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF
OCTOBER 17. 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
PROCLAMATION - 50TH ANNIVERSARY COMMEMORATION OF THE NIGHT OF
POGROMS•
Mayor Nee read and issued this proclamation proclaiming the week
of November 6 through 13, 1988 as the week of remembrance of the
night of pogroms.
PRESENTATION•
Mr. Burns, City Manager, stated Bob Aldrich, Fire Chief, will
introduce and administer the oath of office to five new paid on-
call firefighters.
Mr. Aldrich, Fire Chief, stated these five new volunteer
firefighters have been tested, both mentally and physically, and
have taken part in three live burn scenarios. Mr. Aldrich
introduced Mr. Charles McKusick who was responsible for the
training of these new firefighters.
Mr. McKusick administered the oath of office to the firefighters
and Chief Aldrich presented badges to Robert Bennek, David Larson,
Kim Herrmann, Craig Gordon and Peter Ludwig. Mayor Nee and the
Councilmembers and the City Manager extended their congratulations
to these new volunteer firefighters.
APPROVAL OF MINUTES:
COUNCIL MEETING. SEPTEMBER 26, 1988:
Councilwoman Jorgenson stated on Page 4, the third paragraph from
the bottom, the minutes should read that the Council was in
opposition to Linda Berglund's bill, not in support of the bill.
FRIDLEY CITY COIINCIL ME$TING OF OCTOBER 17, 1988 PAGE 2
MOTION by Councilman Schneider to approve the minutes with the
above correction. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
COUNCIL MEETING, OCTOBER 3, 1988:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
The following item was deleted from the agenda: Consideration of
North Satellite Fire Station Location and the following item was
added: (16) Consideration of Waiving the 60 Day Review Period for
Totino-Grace's Charitable Gambling Permit.
MOTION by Councilman Fitzpatrick to adopt the agenda with the above
two corrections. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
OPEN FORUM, VISITORS:
There was no response
business.
PUBLIC HEARING•
from the audience under this item of
1. PUBLIC HEARING ON POSSIBLE REVOCATION OF A SPECIAL USE PERMIT
S_P _�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:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:47 p.m.
Mr. Herrick, City Attorney, stated this is a public hearing
regarding the possible revocation of a special use permit. He
stated the hearing has been called pursuant to a notice that has
been furnished to the permit holder. Mr. Herrick stated the
purpose of this meeting is to consider evidence regarding whether
there has been a violation of the special use permit and conditions
attached to this permit. He stated all persons who are going to
give testimony will be asked to be sworn to testify the evidence
they are giving is the truth.
FRIDLEY CZTY COIINCIL ME$TING OF OCTOBER 17, 1988 PAGE 3
Mr. Herrick swore in Mr. Robertson, the City's Community
Development Director. Mr. Herrick asked Mr. Robertson if he and
the City staff prepared an exhibit regarding this special use
permit and if copies were sent to the Mayor and City Council. Mr.
Robertson stated staff had prepared the exhibit and copies were
given to the Mayor and City Council. Mr. Herrick asked if copies
were given to the permit holder. Mr. Robertson stated he has one
available this evening for the permit holder; a copy was given to
Mr. Pawelski. Mr. Herrick stated the exhibits to which he is
referring are memos from staff and a number of individual
attachments.
Mr. Herrick asked Mr. Robertson if these records are kept and
prepared under his supervision or the supervision of his
predecessors. Mr. Robertson stated these records are kept on file
in his department and, to the best of his knowledge, is what has
happened in regard to this special use permit.
Mr. Herrick asked Mr. Robertson to indicate the present status of
this property, the conditions attached to the special use permit,
and attempts by staff to secure compliance with these conditions.
Mr. Robertson, Community Development Director, stated the property
is located at 7701 East River Road and the special use permit is
for outside storage of materials. He stated this special use
permit was issued by the City Council in 1977. He stated since
that time, there has been a record of rather persistent violations
of one or the other of the ten stipulations attached to this
permit. Mr. Robertson presented four photographs of the property.
Mr. Herrick presented these photographs to the permit holder and
his legal counsel for review and to see if they had any objections
to the photographs. No objections were stated, he offered them to
the Council and they were received.
Mr. Robertson stated the photographs show a violation of the
stipulation regarding the number of trailer units displayed in
front of the showroom. He presented a diagram which showed the
front line of the showroom and two concrete pads.
Mr. Herrick asked Mr. Robertson to summarize the problems that have
existed in the past and, specifically, what problems exist at the
present time.
Mr. Robertson stated in mid-1979, it was noted that a number of the
stipulations were not being followed, but these were not
specifically identified. He stated in 1981, the landscaping and
screening requirements were addressed and there was a series of
correspondence on this issue, as well as on the display of free-
standing signs and the number of units in front of the building.
FRIDLEY CITY COIINCIL MEETING OF OCTOB$R 17, 1988 PAGE �
He stated the permit holder promised to come into compliance, but
it was not until 1986 that a final agreement was reached for
landscaping. He stated during that time, there was consistent
violations on the number of units to be displayed in front of the
building and these violations continued into 1987 and 1988. Mr.
Robertson stated there is also a general overcrowding of the lot
to the point where there are trailer units blocking the driveway.
Mr. Herrick asked if these conditions exist at the present time.
Mr. Robertson stated the conditions still existed as of 1 p.m.
today when the site was inspected.
Mr. Robertson stated the photograph identified as No. 4 was taken
on October 14, 1988 and the site is essentially the same today.
He stated the photographs Exhibits No. 5 and 6 were taken on August
3, 1988 which show at least two units in front of the building on
the south side. He stated photograph Exhibit No. 7 was taken on
June 20, 1984 and shows several units in front of the building.
Mr. Herrick asked Mr. Robertson if persons from his department have
recently communicated with the permit holder in an attempt to
secure compZiance with the conditions of the special use permit.
Mr. Robertson stated the last contact of record was on August 3,
1988 and there had been almost monthly contact with the permit
holder through the summer months.
Mr. Herrick stated the permit holder and his legal counsel was
present and asked if they had any questions.
Mr. Pawelski stated he is one of the partners of the Apache Camping
Center. He stated he felt they were in compliance because they did
move the trailer units. He stated photographs No. 5 and 6 show
the side view of a trailer and back view of another trailer which
is right next to their window. He stated the one unit in the side
view is part of the two trailers they requested be allowed in 1977.
He stated they are going by an imaginary line with the building and
the trailers have been moved approximately six feet forward and he
thought they were in compliance.
Mr. Robertson stated all one has to do to determine if they are in
compliance is to sight along the front edge of the building, to see
if any units protrude and this is obvious.
Mr. Pawelski stated in his eyes, the trai2ers have been moved,
however, they have to figure out where the city wants them moved.
Mr. Amundson, Mr. Pawelski's partner, stated Kathy Castle from the
City staff was at their camping center last Tuesday and was advised
the trailers had been moved, but she did not comment.
Mr. Herrick asked Mr. Robertson if, from his observations today,
FRIDLEY CITY COtTNCIL MEETING OF OCTOBER 17, 1988 PAGE 5
there were more than two trailers in front of the building. Mr.
Robertson stated there certainly is more than two trailers in front
of the line of the building.
Mr. Pawelski stated the trailers were moved 30 days ago and no one
indicated they were not moved far enough.
Mr. Herrick stated the question is if they are in compliance with
the special use permit and as of today, they were not.
Mr. Pawelski asked how far he had to move the trailers in order to
be in compliance. Mr. Robertson stated ynu should not be able to
see more than two trailers when you stand and sight along the front
edge of the building.
Mr. Amundson stated that would place the trailers in the middle of
the gate. Mr. Pawelski stated it virtually would mean all the
trailers would have to be removed.
Mr. Herrick stated there should not be a problem determining
whether the units are across the line and if they are, it is a
violation.
Mr. Robertson stated correspondence in the file continually
addresses this problem of the number of trailers parked in front
of the building.
Mr. Pawelski stated he knew what was requested when this permit was
issued, but he questions why six feet is such an issue. He stated
it is an imaginary line.
Mr. Herrick stated when this special use permit was granted, it was
granted based on conditions or certain stipulations. He stated
there have been complaints that he is not in compliance. He stated
it is the City's position these conditions have to be met and if
they are not met, the permit should be surrendered or amended. He
stated the reason the City has attempted to obtain compliance is
so Mr. Pawelski is not in violation of the law.
Mr. Pawelski stated when the permit was issued and they agreed to
two units displayed in front of the showroom, things were different
as far as the units themselves.
Mayor Nee stated he would be interested in the changes Mr. Pawleski
has had in his business.
Mr. Pawelski stated he had tent and travel trailers, slide-in
campers, and fifth wheels. He stated he now handles park model
trailers. He stated this is a semi-permanent recreational vehicle
about 38 by 12 feet in size.
FRIDLEY CITY COIINCIL IrIEETING OF OCTOBER 17, 1988 PAGE 6
Mayor Nee asked the percentage of Mr. Pawelski's sales in each of
these areas. Mr. Pawelski stated about 60 to 75� of his business
involves the sale of park trailers.
Mayor Nee stated there is a long history on file regarding this
site. He stated Mr. Pawelski indicated it was not feasible for him
to stay in business under conditions of this special use permit.
Mr. Pawelski stated he was contacted sometime around May by either
Kathy Castle or Jim Robinson. He stated he contacted his neighbor,
Mary Martin, and explained their situation and if he could sell the
trailer units, he would make the changes. He stated Ms. Martin
indicated this was acceptable to her. Mr. Pawelski stated he did
not sell the units and Kathy Castle came out and he advised her
they would move the trailers which he has done.
Councilman Schneider advised Mr. Pawelski that there has been
correspondence regarding this problem dating back to 1985. He
questioned Mr. Pawelski why he could not comply and keep in
compliance with the law.
Mr. Pawelski stated they need more stock as these trailers are one
of a kind. He stated they do store some trailers at the other lot
on 37th Avenue in Columbia Heights.
Councilwoman Jorgenson asked Mr. Pawelski when he received the
correspondence, if he ever thought about requesting a change in the
special use permit.
Mr. Pawelski stated he did request a change which was denied by the
Council.
Mr. Herrick suggested possibly installing a fence or curb that
would delineate the area where the trailers may be parked.
Mr. Pawelski stated the actual line has to be determined. Mr.
Herrick stated someone could actually stake it, if there is a
question on the Zocation of the line.
Mayor Nee felt Mr. Pawelski has too many trailers on the lot.
Mr. Pawelski stated customers would not purchase these trailers by
just looking at a picture.
Councilman Fitzpatrick stated he felt this is a situation where the
special use permit was issued for one business and it is now being
used for a different purpose.�
Councilman Schneider stated in order for Mr. Pawelski to operate
his business, he needs more outside storage than the special use
permit stipulations allow. He stated if those stipulations are not
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17, 1988 PAGE 7
amended, Mr. Pawelski's present business location would be too
small to continue to operate his business.
Mr. Pawelski stated he agrees with Councilman Schneider, but for
the type of business he operates, the cost to relocate is
prohibited.
Councilwoman Jorgenson asked if there is any way Mr. Pawelski could
limit his line of recreational vehicles and remain in business and
abide by the stipulations of the special use permit.
Mr. Pawelski stated he did not think there was any way to
accomplish what Councilwoman Jorgenson has suggested. He asked if
there was a way to let the other units protrude.
Mrs. JoAnn Myers, 132 Stonybrook Way, stated going back in history
before Mr. Pawelski located his business on this site, there was
a pool center which caused problems for the neighborhood. She
stated Mr. Pawelski's business is quiet and she did not see any
difference if two or four trailers were parked in front. She
stated if you want to sell trailers, people have to be able to see
them. Mrs. Myers stated the landscaping would also have to be
controlled so as not to obstruct visibility for the traffic on East
River Road. She stated she has no problem with Mr. Pawelski's
operation at this site. Mrs. Myers stated Fridley is becoming an
older community and viable businesses should be kept to contribute
to the City's tax base. Mrs. Myers stated she knows Mary Martin
does not share her position and that she has voiced her concerns
in the past.
Councilman Billings stated this item is not before the Council at
Mary Martin's request. He stated it is a request from the staff
and, to the best of his knowledge, there has been no contact with
Ms. Martin relative to this permit since 1986. He stated she is
not the person who instigated this public hearing.
Mrs. Myers stated not long ago, in personal conversations, Mary
Martin did complain to her. She stated she knows this is something
that has bothered her.
Ms. Pat Webb, 146 Stonybrook Way, stated from the way the trailers
are parked, you cannot see them from East River Road. She stated
Mr. Pawelski is helpful to people who live in the community and he
wants to remain in business in Fridley. She felt the residents and
City are fortunate to have Mr. Pawelski and his business in the
community.
Councilwoman Jorgenson stated the problem is Mr. Pawelski is not
adhering to the stipulations and under the law he is not legal.
She stated the City holds other businesses responsible for abiding
by certain stipulations. Councilwoman Jorgenson stated any changes
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17, 1988 PAGE 8
in the stipulations would need to be initiated by Mr. Pawelski.
Ms. Webb stated if Mr. Pawelski leaves, they may not get another
business which is acceptable to the neighborhood. She stated the
residents are satisfied with the manner in which Mr. Pawelski
operates his business.
Mayor Nee stated everyone of the commercial and industrial areas
in Fridley would like to use more of their property and have a
higher density of lot coverage. He stated the reason the areas are
attractive is due to the City's insistance on setback requirements,
green spaces, and berms which characterizes these areas.
Mrs. Myers stated she felt there should be some solution to the
problem. She stated, legally, she can see the Council's point.
She stated there is a lot of room in front of Mr. Pawelski's
building. Mrs. Myers stated customers of Mr. Pawelski use 77th so
East River Road is not affected by this business.
Mr. Jack Dunphy, 155 Stonybrook, stated Mr. Pawelski's business is
clean and quiet. He felt if the property is not used for this
business, apartments may be constructed which would add more
traffic and noise to the neighborhood.
Councilman Billings stated this property is not zoned for multiple
units and there has been no request for a change in the zoning.
Mr. Dunphy stated for the best use of the property, it would be
natural to have apartment buildings. He stated the zoning could
change and apartments constructed and he would prefer this
business.
Councilman Fitzpatrick stated the stipulations contained in this
special use permit were for the protection of the residents on
Stonybrook Way.
Mr. Dunphy stated the stipulations seemed appropriate at the time
the special use permit was issued, but it has been proven that the
residents can live witii this business and perhaps the situation
should be reviewed. He stated there are many other businesses that
could be located on this site which may not be acceptable to the
neighborhood.
Councilman Fitzpatrick stated the Council has not had persons
coming forward before stating they do not mind this business and
would like to see it accommodated.
Mayor Nee felt Mr. Pawelski could remain in business and not
encroach on the front yard setback but may have to limit his stock.
Councilman Schneider asked the residents if someone from Apache
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17, 1988 PAGE 9
Camping Center approached them to appear before the Council at this
hearing. The residents stated they had received a letter from the
City and read about it in the Fridley Focus.
Mr. David Larson stated he was representing the owner of the
property, Hope Thompson, widow of Jack Thompson. He stated he felt
compelled to inform the Council that these people are good tenants.
He stated they run a clean, quiet operation and felt it was a good
business for the City. He stated it would be a real hardship on
Mrs. Thompson if the City revoked the special use permit. Mr.
Larson stated there has to be some reasonable solution and
compromise and hoped this could be worked out.
Mr. Jim Nelson, attorney for Mr. Pawelski, stated he was involved
in this matter back in 1986. He stated it seems since that time,
a lot of the problems have been resolved. He stated it seemed to
him the neighbors were concerned about how many trailers were in
front on the green area and there were specific concrete pads on
which they were to be placed. Mr. Nelson stated it is his
understanding that Mr. Pawelski was not attempting to display
additional units, but merely having them stored on the premises so
they would be available if someone wanted to see one. He stated
they were pulled up behind the units so they were not visible to
persons coming down East River Road. He felt the neighbors
objected to units on the front lawn. Mr. Larson stated maybe Mr.
Pawelski violated the letter of the law, but was not sure he
violated the spirit of the law. He stated if they need an
imaginary line that is something they have to live with. He felt
Mr. Pawelski and his partner have complied with the other
stipulations of the special use permit.
Councilman Billings felt if Mr. Pawelski was trying to cooperate
he should have responded to the City's requests of March 31, April
1, June 4, June 27 and July 19, 1988. He stated it took until
September for the trailers to be moved.
Mr. Pawelski stated the first letter he received in March was due
to a complaint from a concerned citizen or was what he was told.
He stated he contacted Mary Martin as he felt she was the one who
had made the complaint and told her of his plans.
Mayor Nee stated Mary has not talked to him for several years
regarding this item. He stated this really is not an issue between
Mary Martin and Mr. Pawelski, but between the City and Mr.
Pawelski.
Councilman Schneider stated his concern is why Mr. Pawelski has not
responded to the City's correspondence.
Mr. Amundson stated he felt they were to please the neighborhood
which was being accomplished when they contacted Mary Martin.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17, 1988 PAGE 10
Mayor Nee stated every special use permit that has been issued has
stipulations attached and felt the Council's credibility is the
willingness to enforce these stipulations throughout the City. He
stated there has been discussion about a compromise, however, the
Council normally does not make a decision when the public hearing
is held.
Mr. Herrick stated Council can consider the testimony and exhibits
and direct staff as to their wishes.
MOTION by Councilman Fitzpatrick to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9:13 p.m.
RECESS:
A recess was called at 9:13 p.m. by Mayor Nee.
RECONVENED:
Mayor Nee reconvened the meeting at 9:22 p.m.
were present.
NEW BUSINESS•
All Councilmembers
2. CONSIDERATION OF NORTH SATELLITE FIRE STATION LOCATION:
This item was deleted from the agenda.
3. RECEIVING PETITION NO. 19-1988 FROM ORTHOPEDIC SURGEONS
RE4UESTING WATER, SANITARY SEWER, STORM SEWER AND STREET
IMPROVEMENTS FOR UNIVERSITY AVENUE WEST SERVICE DRIVE AND FOR
AGREEING TO WAIVE THEIR RIGHT TO A PUBLIC HEARING AND FOR
AGREEING TO PAY THEIR SHARE OF THE ASSESSMENTS FOR THE
IMPROVEMENTS•
MOTION by Councilman Fitzpatrick to receive Petition No. 19-1988.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee decla•red the motion carried unanimously.
4. RECEIVING PETITION NO. 18-1988 FROM WILLIAM BARTRAM AND
WILLIAM BARBUSH REQUESTING WATER, SANITARY SEWER STORM SEWER
AND STREET IMPROVEMENTS FOR UNIVERSITY AVENUE WEST SERVICE
_I�RIVE AND FOR AGREEING TO WAIVE THEIR RIGHT TO A PUBLIC
HEARING AND FOR AGREEING TO PAY THEIR SHARE OF THE ASSESSMENTS
FOR THE IMPROVEMENTS:
MOTION by Councilman Fitzpatrick to receive Petition No. 18-1988.
Seconded by Councilman Billings. Upon a voice vote, all voting
FRIDLEY CZTY COIINCIL MEETING OF OCTOB$R 17, 1988 PAGE 11
aye, Mayor Nee declared the motion carried unanimously.
5. RESOLUTION NO. 95-1988 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 PROJECT NO. 183:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 95-1988.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
6. RESOLUTION NO. 96-1988 ORDERING IMPROVEMENT AND FINAL PLANS
AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER
SANITARY SEWER AND STORM SEWER PROJECT NO. 183:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 96-1988.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously
7. RESOLUTION NO. 97-1988 ORDERING IMPROVEMENT APPROVAL OF PLANS
AND ORDERING ADVERTISEMENT FOR BID5: WATER SANITARY SEWER
AND STORM SEWER PROJECT NO. 183:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 97-1988.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
8. RESOLUTION NO. 98-1988 ORDERING PRELIMINARY PLANS SPECI-
FICATIONS, AND ESTIMATES OF THE COSTS THEREOF: STREET
IMPROVEMENT PROJECT NO. ST 1989 - 2:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 98-1988.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
9. CONSIDERATION OF APPROVING AN AGREEMENT TO TERMINATE THE
CONTRACT WITH J& O CONSTRUCTION FOR THE 1988 MISCELLANEOUS
CONCRETE CURB, GUTTER AND SIDEWALK PROJECT:
MOTION by Councilman Billings to approve the agreement to terminate
the contract with J& O Construction for the 1988 miscellaneous
concrete curb, gutter and sidewalk project and authorize final
payment in the amount of $1,558.93. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
10. CONSIDERATION OF RECEIVING AND REVIEWING THE 1989 BUDGET OF
THE NORTH METRO CONVENTION AND TOURISM BUREAU:
Mr. Hunt, Assistant to the City Manager, stated this budget was to
be submitted to the Council for review before October, however,
FRIDLEY CITY COIINCIL MEETZNG OF OCTOBER 17, 1988 PAGE 12
there was not a quorum at the September meeting of the North Metro
Convention and Tourism Bureau so it could not be submitted until
this time.
Mr. Charles Cook, Executive Director of the North Metro Convention
and Tourism bureau, stated the 1987 budget was $247,000; the 1988
budget was $211,000 and the 1989 budget is about $250,000. He
stated they are proposing more advertising in 1989. He stated the
budget is on the low side and could go as high as $260,000 to
$270,000 because of the new property in Brooklyn Park.
Councilman Schneider stated the owner of the Sunliner Motel
questioned how the North Metro Convention and Tourism Bureau was
assisting him in his business. He asked if this issue had been
settled.
Mr. Cook stated, as an example, the revenue to the Bureau in
October was $26,300 of which $300 was revenue from the Sunliner.
He stated the law is poorly written, but the intent was if a City
passed the law, all motels and hotels in the city would
participate. He stated the only exceptions are Minneapolis, St.
Paul and Duluth and there is concern by the Bureau if there are any
exceptions, it could set a precedent that may create a problem
statewide.
Councilman Schneider stated the Sunliner's owner felt he was not
sharing in the benefits.
Mr. Cook stated the owner of the Sunliner has admitted that he has
received business through the Bureau. He presented an advertising
brochure which showed that the Sunliner Motel is receiving equal
billing as the other motels.
Mr. Kirk Hart, Chairman of the Board of the North Metro Convention
and Tourism Bureau, and owner of the Starlite Motel in Hilltop,
stated his revenues were down 25� in September from a year ago.
He felt the Chamber of Commerce and the North Metro group has done
everything possible to increase tourism.
MOTION by Councilwoman Jorgenson to receive the 1989 budget of the
North Metro Convention and Tourism Bureau. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
11. RESOLUTION NO. 99-1988 AUTHORIZING EXECUTION OF A REVISED
CONVENTION AND TOURISM AGREEMENT:
Mr. Hunt, Assistant to the City Manager, stated this resolution
authorizes execution of a revised North Metro Convention and
Tourism Bureau agreement which would enable either party to
withdraw from the agreement effective December 31 of the year
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17, 1988 PAGE 13
following notice of withdrawal. He stated it was felt this would
give both parties ample time to adjust to the decision. He stated
the other changes were several typographical errors.
MOTION by Councilman Schneider to adopt Resolution No. 99-1988.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. RECEIVING THE MINUTES OF THE CATV ADVISORY COMMISSION MEETING
OF SEPTEMBER 15. 1988:
MOTION by Councilman Schneider to receive the minutes of the Cable
Telelvision Commission meeting of September 15, 1988. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
13. CLAIMS•
MOTION by Councilwoman Jorgenson to authorize payment of Claims No.
22805 through 23031. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
14. LICENSES•
MOTION by Councilman Fitzpatrick 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.
15. ESTIMATES•
MOTION by Councilwoman Jorgenson to approve the estimates as
submitted:
H & S Asphgalt, Inc.
1700 Industry Ave.
Anoka, MN 55303
Street Improvement Project No. ST. 1986 - 1& 2, Phase 2
FINAL ESTIMATE . . . . . . . . . . . . . . . . $26,399.18
Sunde Land Surveying
9001 E. Bloomington Freeway
Bloomington, MN 55420
Lake Pointe Corporate Ceriter
Partial Estimate . . . . . . . . . . . . . . $ 765.50
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17. 1988 PAGE 14
C.S. McCrossan, Inc.
P.O. Box 1240
Maple Grove, MN 55369
Street Improvement Project No. ST. 1988 - 1& 2
Estimate No. 6 . . . . . . . . . . . . . . . $60, 026. 04
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
16. CONSIDERATION OF WAIVING 60 DAY REVIEW PERIOD FOR CHARITABLE
GAMBLING PERMIT FOR TOTINO-GRACE:
MOTION by Councilwoman Jorgenson to waive the City's 60 day review
period for the gambling permit for Totino-Grace. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously
ADJOURNMENT•
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a vaice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of October 17, 1988 adjourned
at 9:40 p.m. '
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
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G1YOF
fRlDLEY
TO:
FROM:
DATE:
C01�I1MUNI"fY DEVELOPMENT
� DEPARTMENT
MEMOR.ANDUM
William Burns, City Manager ��J� �
Jock Robertson, Community Development Director
Kathlyn Castle, Planning Assistant
November 3, 1988
REGARDING: Apache Camping Center Special Use Permit, SP #77-04
As a follow up to the Council public hearing on October 17, 1988,
staff inspected the site on October 21, 1988. Staff determined
the location of the four extra trailers in front of the showroom
by taking measurements, photographs, and by video taping. Staff
concluded that relocating the four extra trailers behind the front
building line would take most of the customer parking area. There
is no other space on the site because the storage yard is full.
Staff discussed these findings with the City Attorney, Virqil
Herrick, who has drafted a"Finding of Fact" for this item. We
agree with Mr. Herrick that this matter be submitted to the courts
for determination.
JR/KC:ls
M-88-312
1
1A
STATE OF MINNESOTA RE: REVOCATION OF SPECIAL USE PERMIT
SP N0. 77-04
COUNTY OF ANOKA APACHE CAMPING CENTER
---------------------------------------------r----------------------------------
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
The above matter came on before the Fridley City Council pursuant
to notice of a public hearing to consider the 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,
located at 7701 East River Road, Fridley, Minnesota. The hearing
was held at 7:30 p.m. on October 17, 1988.
Those persons appearing at the hearing are as follows: The
permit holder Apache Camping Center appeared by James Pawelski,
Mr. Amundson, and through their attorney James Nelson;
the fee owner, Mrs. Hope Thompson, appeared through her
attorney, David Larson; City of Fridley appeared through Jock
Robertson, Community Development Director, and its attorney,
Virgil C. Herrick. Also appearing were Ms. JoAnn Myers,
Ms. Pat Webb and Jack Dunphey.
FINDINGS OF FACT
1. The above public hearing was duly called pursuant to
mailed and published notice, a copy of which was mailed to the
permit holder. Apache Camping Center, 7701 East River Road N.E., Fridley,
MN 55432. Said notice was mailed to the permit holder on
, 1988.
Page 2
2. Notice of the public hearing to be held on October 17, 1988
was also published in the Fridley Focus on October 5 and October 12, 1988.
3. Jock Robertson, Comnunity Development Director for the City
of Fridley, offered an exhibit consisting of pages. This
exhibit contained correspondence and other documents from August 2, 1917
to August 3, 1988. Mr. Robertson testified that these records
were kept in the normal course of business of the Fridley Community
Development Department. No objection was made to the receipt of this
exhibit and it was received.
4. The City of Fridley issued the permit holder a special use '
permit for outside storage of camping trailers. This special use
permit contained ten (10) conditions, which are as follows:
A. That the development of the property be enerally
consistent with the plot plan (exhibit A� submitted
by Apache Camping Center, corrected to show two concrete
slabs adjacent to the showroom.
B. That landscaping be improved subject to the approval of
City Staff, with showroom visibility acceptable to the
tenants and adjacent neighbors.
C. That there be no outside loudspeakers.
D. That outside lighting after 10:00 p.m. be limited to
security lighting of the property (the illuminarion
being such a nature that it would not be annoying to
the adjacent neighborhood).
E. That there be a maximum of two units (one on each concrete
slab located adjacent to the showroom) displayed in front
of the showroom.
F. That there be no test dirving in the residential area.
G. Any unsightly storage be stored at the rear of the property
(behind the building).
H. That the driveway on East River Road not be used by customers.
I. Sales of motorcycles and snowmobiles be excluded.
J. That the Special Use Permit is issued to Apache Camping
Center for the display of recreational camping vehicles
only, and would be voided if the use changes.
1B
Page 3
5. Since the issuance of the special use permit on
July 25, 1977, there has been a record of persistent violatio�s
of one or more of the conditions attached to the permit. The City
advised the permit holder on the following dates of violations:
April 8, 1979 April 28, 1983 July 19, 1985 April 28, 1988
June 8, 1981 June 26, 1984 March 7, 1986 June 14, 1988
June 18, 1981 Aug. 16, 1984 April 21, 1986 June 19, 1988
March 30, 1983 May 14, 1985 March 31, 1988 June 21, 1988
Included in these violations of the conditions were: failure to
install landscaping and screening; violations of free standing signs
on the property; and violations of the number of camping trailers
permitted in the front yard setback of the property.
6. That on August 18, 1986, the Fridley City Council held a
public hearing to consider the revocation of the special use permit
No. 77-04. The stated reason for considering the revocation was the
failure of the permit holder to comply with the conditions contained
in the special use permit. At that hearing the permit holder and his
legal counsel admitted that they were in violation of the terms of the permit.
7. That on October 17, 1988, the permit holder was in violation
of condition no. 5 in that there were more than two units displayed
in front of the showroom.
CONCLUSIONS OF LAW
l. That the City has legal authority to terminate the above
special use permit pursuant to Minnesota Statute 462.3595, Subd. 3,
which provides that a conditional use permit shall remain in effect
as long as the co�ditions agreed upon are observed.
1C
1D
Page 4
2. That the permit holder has habitually violated the conditions
of the special use permit and was in violation of condition no. 5
regardi�g the setback of the units on October 17, 1988.
ORDER
That the Fridley City Council hereby directs the City Attorney
to proceed as quickly as possible to commence a Declaratory Judgment
Action in District Court seeking a deiermination that the permit
holder is in violation of the terms of the Special Use Permit, and
authorizing the termination of said Special Use Permit.
CITY OF FRIDLEY
l�iEtiORANDUN
�•
T0: WILLIAM W. BURNS, CITY MANAGER ��•
FROI�i: RICHARD D. PRIBYL, FINANCE DIRECTOR
RE: RESOI,xITION REGARDING SUPPLEMII�ITAL APPROPRIATION FOR THE
PURCHASE OF THE FURNITURE
DATE: NOVIIiBER 2, 1988
Attached you will find the supplemental budgetary resolution that
transfers $333,091 from the Capital Improvement fund to the Civic
Center Remodeling fund. This resolution is necessary to
establish the budgetary authority for the acquisition of
furniture and other furnishings. This furniture is necessary for
the proper utilization of space as provided in the space planning
that was done by Boarman & Associates. Council should be aware
that the fund balances that have accumulated within the Capital
Improvement fund have been established for expenditures of this
kind. This resolution satisfies two requirements, first it
amends the 1988 budget, and second it provides the formal
approval that needs to take place before the purchase can be
placed.
a
2
RESOI�JTION N0. - 1988
RESOI�ITION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THS CAPITAL
IMPROVEt�NT FUND AND THE CIVIC CENTER RIIiODELING FUND
WHEREAS, the City of Fridley has proceeded with the remodeling of the Civic
Center; and
WHEREAS, the space planning that was done in conjunction with the interior
design, required use of modular furniture for maximum space utilization; and
WHEREAS, the funds for this purchase has been previously set aside for this
intended purpose.
NOW, THEREFORE, BE IT RESOLVED that the City Cou�l�il of the City of Fridley
authorize the transfer of funds from the Capical Improvement fund in the
amount of $333,091 to the Civic Center Remodeling fund for the acquisition of
new furniture.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1988
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
2A
P,irkS
Str�ttS
Maintendc�.�
MEMORANDUM
l� �, .
TO: William W. Burns, City Manager �' . PW88-354
FROM: John G. Flora,� Public Works Director
DATE: November 2, 1988
SUBJECT: Ice Hockey Rink
At the October 3, 1988, Park and Recreation Commission meetinq, it
was recommended that a new ice hockey rink be installed to support
the Briardale Park area and that the Locke Park hockey rink be
relocated to the new site.
We have reviewed the availability of land to support the Briardale
request and identified four possible locations: Harris Pond,
Gardena School, Moore Lake Beach, and Haclanann Circle. Of the four
sites, the Gardena School location is the most centralized,
provides the best access, and least amount of construction effort
that would service the desired population.
We have talked to representatives from the Islamic Society of
Minnesota, who own the property, about obtaining an easement for
locating an ice hockey rink in the southwest portion of their
property. They have been generally supportive of the request. A
meeting is scheduled for Friday evening, November 4, 1988, to
present the proposal and answer questions of their committee. It
is hoped that a favorable agreement will be obtained by Monday,
November 7, 1988.
In order to expedite the construction of the new ice hockey rink,
we have dismantled the Locke Park facility. To construct the new
rink will cost approximately $3,000 in labor, $7,000 for lighting
and $1,000 for warming house rental. Funding for this work could
be obtained from Public Works Maintenance, the 1989 Tennis Court
Lighting Project and the Recreational Budget.
If a favorable agreement is obtained with the Islamic Society of
Minnesota for the placement of an ice hockey facility on their
property, I would recommend that the City Council approve this site
and authorize the expenditure of funds for an ice hockey rink to
be provided for the 1988-89 winter season.
JGF/ts
Attachment
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C'
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3
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4
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, OCTOBER 19, 1988
---------------------------------------------------------------
CALL TO ORDER:
Chairperson Betzold called the October 19, 1988, Planning
Commission meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Donald Betzold, Dave Kondrick, Dean Saba,
Sue Sherek, Alex Barna, Paul Dahlberg
Members Absent: None
Others Present: Barbara Dacy, Planning Caordinator
Kathlyn Castle, Planning Assistant
Jock Robertson, Community Development Director
Paul Schaefer, St. Cloud, IrIIJ
Mary Martin, 133 Stonybrook Way N.E.
Molly Jonak, 133 Craig Way N.E.
Marjorie Jonak, 133 Craig Way N.E.
Mr. & Mrs. Wayne Webb, 146 Stonybrook Way N.E.
Mr. Jack Dumphy, 195 Stonybrook Way N.E.
APPROVAL OF SEPTEMBER 28 1988 PLANNING COMMISSION MINUTES•
MOTION by Mr. Barna, seconded by Mr. Saba, to approve the September
28, 1988, Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL UPDATE:
Mr. Robertson gave an update on the October 17, 1988, City Council
meeting.
CONSIDERATION OF A REZONING ZOA #88-03 BY PAUL SCHAEFER:
To rezone from C-3, General Shopping, to R-3, General Multiple
Dwelling, on Lot 2, Block 1, Pearson's Second Addition, and Outlot
A, Pearson's Second Addition, generally located north of 77th
Avenue and east of East River Road N.E.
Ms. Castle stated that the reason the petitioner is requesting the
rezoning in order to construct a three story, 38 unit apartment
building on the site. Staff advised the Commission to discuss the
rezoning in terms of zoning requirements and the effect the
rezoninq to R-3 would have on the adjoining properties, and not Mr.
Schaefer's proposal or its specifics.
Ms. Castle stated currently the property is in a C-3 zone, general
4A
PLANNING COMMZS ION MEETING OCT BER 9 1988 A
shopping. To the north is an R-3 zone (Meadow Run Apartments), to
the west is an R-3 zone which contains mostly single family homes,
to the south is a C-3 zone (Apache Camper), and to the west is an
M-1 zone, light industrial.
Ms. Castle stated this project does comply with all the lot
requirements that are contained in the R-3 zone of the Zoning Code.
The rezoning to R-3 would accomplish two things: (1) It would
enhance the surrounding residential neighborhoods by allowing
compatible uses; and (2) the rezoning would also create a better
buffer from the light industrial district to the west and the
single family homes to the east.
Ms. Castle stated this proposal would encourage appropriate land
use transitions and enhance the livinq environment of the
surrounding neighborhood.
Ms. Castle stated staff recommends approval of the rezoning with
the following stipulation: The fee owner combine Lot 2 and Outlot
A into one tax parcel by January 21, 1989.
Mr. Betzold asked if there were any long range plans by Anoka
County for this portion of East River Road, and how would this
project be impacted by any widening of the road?
Ms. Castle stated she was not aware of the improvement schedule for
East River Road.
Mr. ,Barna stated Anoka County intends to continue with improvements
to East River Road on a long term schedule. Their plans are to
complete the improvements from the Coon Rapids City Hall past the
610 bridge down to the Coon Rapids city limits by 1990. The
hardest area to get a foothold on has been in the north end of
Fridley.
Mr. Kondrick stated one reason why the widening of East River Road
in the northern end of Fridley, from 77th Avenue north to Coon
Rapids, has taken longer is because there are 2-3 bridges across
the various creeks. This also makes the project more expensive.
He did not know the time schedule for these improvements. The
widening would have an impact on this project if the divider was
put in, in terms of traffic getting in and out of the development.
Mr. Kondrick asked if the parking requirements were met with this
project.
Ms. Castle stated, yes, 38 was the maximum units for the site, and
the parking requirements have been met by the proposed development.
Mr. Paul Schaefer stated he is a contractor and developer out of
St. Cloud, Minnesota. He is requesting a rezoning from C-3 to R-
3 to allow him to build a 38 unit apartment buildinq with
� 1=�
PLANNING COMMISSION MEETING OCTOBER 19 I988 PAGE 3
recreation areas. The building will consist of 3 bedroom units,
2 bedroom units, and one bedroom units and is meant for family
living. He stated it is a very nice building.
Mr. Kondrick asked about the cost of the rental units.
Mr. Schaefer stated it would be the general market rate rent for
the area--around $400-450 for the one bedroom apartments, and the
two and three bedrooms would rent for a little more than that.
This building is meant for the working class people and up.
Mr. Schaefer stated there are garages and outdoor parkinq. He
stated there will be a big berm along the south side which will
hide Apache Camper, and there are garages along that border. The
building will face to the south, and they will try to save all the
good trees in this area.
Mr. Kondrick asked if there were any provisions for recreational
areas for children.
Mr. Schaefer stated there are tot lot yards for children.
Mr. Betzold stated it is apparent that the County will be doing
something to East River Road in this area, but "when" is still a
question at this point. If the County takes 10-15 feet to widen
the road, how will this affect Mr. Schaefer's project?
Mr. Schaefer stated the project meets and exceeds the required
setbacks so he did not think the widening of East River Road would
affect his project. He has more than an adequate amount of
parking. This parking could be moved back and he would still meet
the parking requirements.
Mr. Saba asked if there were any plans in the future to sell any
of these units as condominiums.
Mr. Schaefer stated, no, these are strictly rental units.
Mr. Dahlberg stated that since the Planning Commission is not
acting on Mr. Schaefer's proposal from the standpoint of the
specifics of the building and its layout and they are dealing Qnly
with the rezoning, what is the potential, if any, of Mr. Schaefer's
building plans changing at the time he submits final documents to
staff, i.e., the number of units, orientation of the building on
the site, any other planning concepts, etc.?
Mr. Schaefer stated he could not foresee any chanqes to the
building or the layout of the units. He cannot increase the number
of units, and he certain2y did not intend to decrease the number
of units. He stated the only other thing he has to work out with
staff is the landscaping.
PLANNING COMMISSION MEETING, OCTOBER 19. 1988 PAGE 4
Mr. Barna stated the question before the Planning Commission at
this meeting is whether they would rather see this land rezoned to
R-3 or whether they think it should�remain commercial.
Mr. Schaefer stated the Watkins Brothers have had several proposals
develop this land as commercial property and those proposals were
turned down. One proposal was for a strip center. The lot is not
laid out very well for commercial development. He stated the lot
is only about 200 feet wide. He stated he thought this property
would be better served as residential, R-3, because it is right
next to R-3 and across from a residential area and would block the
industrial property behind it from the residential neighborhood.
Mr. Betzold stated that once in awhile what happens with apartment
buildings is the landlord will do anythinq to fill up the units,
and that makes it rough on a neighborhood.
Mr. Schaefer stated he owns 150 units in 7 buildings in St. Cloud.
Mostly professional people live in those buildings. They do have
one building that houses St. Cloud State students. Two weeks ago
he got his second police report in 4 1/2 years. He stated he does
not tolerate any problems. The people are warned and then they are
out. He stated there will be an on-site manager at this building.
Ms. Pat Webb, 146 Stonybrook Way N.E., stated she did not want any
more apartment buildinqs in this area. They already have the
Meadow Run Apartments. She stated that on any given night,
especially on Friday and Saturday nights, there are police in the
parking lot of the Meadow Run Apartments, and the police are there
for a reason. There is a lot of trash, a lot of traffic, and a lot
of noise and trouble that does spill out into the neighborhood.
She could not see putting in another 38 units when they already
have to put up with the Meadow Run apartments.
Mr. Betzold stated that this property is not goinq to remain
undeveloped forever. Did Ms. Webb prefer to have it remain C-3 and
possibly have more convenience stores or something like that go in
there?
Ms. Webb stated she did not know what kind of business would qo in
there, but she knew she did not want an apartment buildinq there.
She stated they will have to take this one step at a time, and when
another proposal comes in, they will consider it at that time.
Mr. Betzold stated that if a proposal comes in to the City that is
right for the commercial zoning and meets all the code
requirements, it can be built without any involvement by the
Planning Commission or City Council.
Ms. Webb stated she could not really say commercial would be
preferable to apartments, but she knew what goes on at Meadow Run,
and she did not want any more situations like that. She stated Mr.
4C
. �1
PLANNING CONIl�iISSION MEETING. OCTOBER 19. 1988 PAGE 5
Schaefer might build a very nice building, but who knows what kind
of people will live there.
Ms. Webb presented a petition to the Commission which stated that
the undersigned were opposed to the rezoning of Lot 2, Block 1,
Pearson's 2nd Addition, and Outlot A, generally located north of
77th Avenue and east of East River Road N.E.
MOTION by Mr. Kondrick, seconded by Mr. Barna, to receive into the
record Petition No. 22-1988.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Webb stated the feeling she got from the neighborhood is that
no one wants an apartment building across the street. They feel
they have their share of apartment buildings in this area. She
stated she plans on raising her children here; and if the area gets
worse because of rental units, she will move to another community
where the neighborhood is more safe, more secure, and she knows her
neighbors. She stated you do not have that security with apartment
buildings, because people come and go all the time.
Ms. Molly Jonak, 133 Craig Way N.E., stated she has lived 26 years
in a neighborhood considered to be a somewhat prestigious
neighborhood. She stated she grew up in a good community, attended
good schools, with the opportunity to further her education. She
stated she grew up in a neighborhood where she felt safe and
secure, walking or jogging down the street, and that is the major
reason why she still lives in Fridley. She knows what the big city
is like, and she prefers the security, calmness, and the people of
the suburbs, and she has grown to love the Craig Way neighborhood.
Ms. Jonak stated she came to the meeting to fight for something
she feels is hers and her neighbors. She asked the Planning
Commission the followinq question: Is it really necessary for the
City of Fridley to put apartment buildings on this property?
Ms. Jonak stated the first major concern to her and her neighbors
is the aesthetic value. As Ms. Webb had said, Mr. Schaefer can
build a nice apartment building but in 10-15 years, he might not
maintain it or a new owner might not maintain it, and it will
become rundown.
Ms. Jonak stated she knows about landlords and about tenants. She
has been one of each. She did not think this area of Fridley is
a perfect spot for another rental property. Rental properties are
just an opportunity for an increase in crime and drugs. People
come and go all the time, and all this is not conducive to the
neighborhood atmosphere they are trying to achieve. They do not
think building an apartment building here will enhance the
surrounding neighborhood. She thought their property values will
�
PLANNING COMMISSION MEETING OCTOBER 19 1988 PAGE 6
decrease because of it. She challenged each Planning Commission
member to ask themselves these questions: Would he/she want an
apartment building across the street from his/her house? Would it
enhance his/her neighborhood? Would it make him/her feel more safe
and secure?
Ms . Mary Martin, 133 Stonybrook Way N. E., stated she 1 ives directly
across the street from this lot and from Apache Camper. She stated
she wondered if the Planning Commission members have had time to
hear the history of this area in that everything has been either
rezoned or special permitted. If they are goinq to rezone
everything or get a special use permit for everything, what is the
point of having a Planning Commission and zoninq laws? She stated
Meadow Run Apartments were built because of a rezoninq and Apache
Camper was in its location because of a special use permit with
stipulations. Now the City wants to change the zoning on another
piece of property in this area. Didn't the citizens who were here
first have any rights? Are they supposed to just it back and
accept "progress" and say it is o.k. to change every zoninq
whenever the City decides it is best? She stated she hoped the
Planning Commission had more faith in their city fathers who did
the original zoning and that there was a reason for that zoning and
that the zoning should not be changed.
Ms. Martin stated that in terms of the proposed development
protecting the neighborhood from the Barry Blower Company, the
neighborhood does not need any protection from Barry Blower. There
is some occasional noise from that company in the summer when the
windows are open but that is all. In terms of visual protection,
from Barry Blower, the neighborhood does not need that either. Al1
the neighbors see is a blank wall. They do need protection from
Apache Camper, but that has nothing to do with the rezoninq
proposal before the Commission at this meeting, except for the fact
that Apache Camper got a special use permit from the Planninq
Commission and the City Council.
Ms. Martin stated another problem is that the Council and the
Commissioners keep changing, as they should and as they always
will; but she thought the history gets lost in the process. There
is just no continuity on the commissions. What former Planninq
Commission members promised her she would have, she does not have
now because the Commission in its various forms has given it all
away to somebody else and because city staff thought it was a good
idea. Also, the city staff has no continuity in goinq back 25, 30,
not even 10-15 years, to know what the area was like when the
neighbors moved in and what they were promised at that time.
Ms. Martin stated she did not want 38 units across the street from
her. There will be an increase in traffic and the noise of
screeching tires. There will probably be about 76 cars coming in
and out of the complex. She had a hard time even believing that
I.1
�1
PLANNING COI�IISSION MEETING. OCTOBER 19, 1988 PAGE 7
38 units could qo on this site with landscaping, garaqes, outdoor
parking, etc. She would like the Commission to also be concerned
about the drainage, so drainage into the Stonybrook Creek is not
changed.
Mr. Betzold assured Ms. Martin that with every development in the
City, the City Engineers are involved and they make sure there is
no more or no less water leaving the development site than there
was before the development.
Ms. Martin stated this property should remain C-3 zoninq. Any of
the uses allowed in C-3 would be better than an apartment building.
Mr. Jack Dumphy, 195 Stonybrook Way, stated he has lived in Fridley
since 1955 and at this address since 1963. He served on the Parks
& Recreation Commission for 7 years ending in 1963. He stated he
would prefer not to have an apartment building across the street.
It would increase traffic. East River Road is a very busy street
and a dangerous one. There are �nany accidents on this street.
Mr. Dumphy stated he lives on Stonybrook Creek and he doubted if
all that runoff could be eliminated with the construction of an
apartment building. He stated that since 1963 he has seen the
Creek go from a pleasant stream to a dangerous situation. Also,
he felt 38 units on this location was overcrowding the situation
to the extreme. He would prefer a C-3, light industrial-type
business which would not generate as much traffic as an apartment
building.
Mr. Schaefer stated the project is well worthy of the City of
Fridley and will bring a tremendous tax base into the City. The
land has been sitting dormant for many years. He would like the
Planning Commission to vote on this rezoning one way or the other.
Ms. Martin asked for the number of 1, 2, and 3 bedroom units, and
the number of people the buiZding would house.
Mr. Schaefer stated there would be two 3-bedroom units, thirty 2-
bedroom units, and six 3-bedroom units. He estimated the project
would house 66-70 people.
Ms. Sherek stated the Commission has been given guidelines for for
acceptance of special use permits, variances, etc. What guidance
does the Planninq Commission have regarding rezoning requests?
Ms. Dacy stated on a rezoning request, the guides the Planning
Commission can use are policies in the Comprehensive Plan and
whether or not the Planning Commission feels the proposed uses the
zoning district allows is compatible with the existinq adjacent
zoning and land uses. Even though there is a specific proposal
PLANNING COMMISSION MEETING OCTOBER 19 �988 PAGE 8
before the Planning Commission, the Commission has to be thorouqhly
satisfied that the R-3 district is appropriate for that parcel.
If the Commission is not entirely satisfied with that, then they
can recommend to the City Council denial of the request. She
stated the City always has the option of looking at another
appropriate district, so the Comprehensive Plan and proposed zoninq
district are two guides the Commission can use in rezoning cases.
Mr. Betzold stated that 30-40 years ago when everything was new,
it was fairly easy to zone land. Once a community is 95$
developed as Fridley is now, when they rezone any piece of
property, they are doing it with a lot of already existinq
businesses and residences, etc., that have been relying upon the
zoning being a certain way, and it is goinq to affect the character
of the neighborhood by changing it. They have to make sure that
by rezoning the property, it is going to be compatible, not only
with the existing zoning, but with the land actually being used
around it. This is not somethinq the Planning Commission or the
City takes lightly. Leaving the land vacant is probably not a
probable alternative. He stated he saw this land being best used
for the use already in the area, and that is for R-3, General
Multiple Dwellings.
Mr. Dahlberg what happens if, for some unforeseen reason, Mr.
Schaefer is not able to proceed with the project after the property
is rezoned? For that reason, the Planning Commission has to feel
very comfortable and convinced that rezoning to R-3, multiple
dwellings, is appropriate for this site.
Ms. Martin stated she would like to know if the members of the
Planning Commission feel their job is to protect the residents of
Fridley. She has often found that the City comes before the
residents. Do the residents who have lived in this area for 25
years have any rights here or is it more important for the City to
progress and get bigger and fill the Metropolitan Council's needs?
Mr. Betzold stated when he says '�in the interest of Fridley", he
means every part of the City, whether business or resident.
Unfortunately, there are usually always conflicts, and it is a
tough balancing act. He stated every member of the Planning
Commission is a resident of Fridley. They do their best to resolve
these conflicts, and they are doing their best to make a
recommendation, but it will only be a recommendation. The City
Council makes the final decision.
Mr. Barna stated he will object to any redevelopment alonq East
River Road that will increase the traffic to any degree.
Mr. Kondrick stated he lives in this neighborhood, and he will
object to rezoninq to R-3. He stated an additional apartment
building is not compatible with the neighborhood. There is too
much density and too much traffic now. This is a very nice
4G
0
PLANNING COMMISSION MEETING OCTOBER 19 1988 PAGE 9
neighborhood, but the neighborhood has its share of apartment
buildings. He stated he was sure the developer had good
intentions, but he will not,always have control over this project.
He stated he would' like the property to remain C-3, and another
compatible use in the C-3 zoning should be considered.
Mr. Saba stated he would support Mr. Kondrick's statements. He
stated you do not solve the problems that come with apartment
buildings by building another apartment building. He stated
apartment buildings can be a nuisance in a neighborhood. They draw
a lot of good people, but they also draw an element of people who
spoil it for the rest of the people. He stated East River Road is
a mess now and did not need any additional traffic on it. He did
not think R-3 was appropriate zoning for this area.
Mr. Dahlberg stated he lives on East River Road next to the Locke
House which is next to a County Park. There is one property
between him and the Mississippi Apartments. Directly across from
that is another small apartment building. He stated the County
Park causes more distraction and more disturbance and more
heartache to him than the apartment buildings do. He stated he did
feel the rezoning to R-3 was appropriate, but this was his opinion.
The property could also be suitable for a commercial development,
retail office, etc., but that is not what is being proposed. He
would vote in favor of the rezoning.
Ms. Sherek stated she has been on the Planning Conunission for a few
years, and they have looked at a lot of sites that would be mixed
use. One of the issues that comes up frequently, aside from the
nuisance factor of apartment buildings, is the traffic. She
agreed that East River Road is bad now. She did not see how
another apartment building could make it much worse, but she also
could not see putting more people into an area where they would
have to make hazardous entrances and exits onto East River Road.
A commercial or industrial business would create a lot of traffic,
but she just did not feel creating additional residences along
Easts River Road was a good idea. She agreed with the neighbors,
that they have plenty of apartments already. Additional apartments
was not going to solve the problems the neighborhood is already
facing. Her biggest fear, as far as rezoning, is the fact that it
is adjacent to Meadow Run. If the property is rezoned and Mr.
Schaefer is unable to proceed with his project, are they going to
end up with more property owned by Meadow Run? She did not see R-
3 as an appropriate zoning for this piece of property.
MOTION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City
Council denial of rezoning, ZOA #88-03, by Paul Schaefer, to rezone
from C-3, General Shopping, to R-3, General Multiple Dwellinq, on
Lot 2, Block 1, Pearson's Second Addition, and Outlot A, Pearson's
Second Addition, generally located north of 77th Avenue and east
of East River Road N.E.
�
PLANNZNG COMMISSION MEETING OCTOBER 19 1988 PAGE 10
UPON A VOICE VOTE, KONDRICK, BARNA, SABA, SHERER VOTING AYE,
BETZOLD AND DAHLBERG VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED BY A VOTE OF 4-1. �
Mr. Betzold stated the City Council will hold a public hearing on
this item on November 21.
Ms. Dacy stated that because there were a lot of concerns regardinq
the traffic on East River Road and access from East River Road to
the site, staff will get an update on East River Road from the
County and will also check with John Flora, Public Works Director,
who indicated in his preliminary analysis that it appears there
might be a median across from the subject site in the future which
will allow for a"right in" and "right out" flow of traffic.
RECEIVE SEPTEMBER 1 1988 HUMAN RESOURCES COMMISSION MINLTTES:
MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the
Sept. 1, 1988, Human Resources Commission minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLP,RED THE
MOTION CARRIED UNANZMOUSLY.
RECEIVE SEPTEMBER 8, 1988 HOUSING & REDE�IELOPMENT AUTHORITY
MINUTES•
MOTION by Mr. Kondrick, seconded by Mr. Barna, to receive the
Housing & Redevelopment Authority minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
RECEIVE SEPTEMBER 12 1988. PARKS & RECREATION COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the Sept.
12, 1988, Housing & Redevelopment Authority minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
RECEIVE SEPTEMBER 20 1988. JOINT ENVIRONMENTAL 4UALI�C
COMMISSION/ENERGY COMMISSION MINUTES:
MOTION by Mr. Dahlberq, seconded by Mr. Saba, to receive the Sept.
20, 1988, Joint Environmental Quality Commission/Energy Commission
minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
�
PLANNING COMMISSION MEETING OCTOBER 19 1988 PAGE 11
RECEIVE OCTOBER 11 1988 APPEALS COMMISSION MINUTES•
MOT O by Mr. Barna, seconded by Mr. Kondrick, to receive the Oct.
11, 1988, Appeals Commission minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT:
MOTION by Mr. Kondrick, seconded by Mr. Dahlberq, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Betzold
declared the Oct. 19, 1988, Planninq Commission meeting adjourned
at 9:12 p.m.
Respectfully sub itted,
L n e Saba
Recording Secretary
�
�
c�nroF
F� ��
TO:
FROM:
DATE:
COl1/IMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM
William Burns, City Manager � �'�
Jock Robertson, Community Development Director
Kathlyn Castle, Planning Assistant
November 2, 1988
REGARDING: Rezoning, ZOA #88-03, 77th Avenue N.E. and
East River Road N.E.
On October 19, 1988, the Planning Commission denied Paul Schaefer's
request to rezone Lot 2 and Outlot A, Pearson's Second Addition,
from C-3, General Shopping, to R-3, General Multiple Dwelling. The
Planning Commission is forwarding this item to the City Council who
also needs to conduct a public hearing. Please set the public
hearing date for November 21, 1988.
JR/KC:ls
M-88-307
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�
UlYOF
f RlDLEY
TO:
FROM:
DATE:
CO]1IlMUNI1�Y DEVELQPMENT
� DEPARTMENT'
MEMORANDUM
William Burns, City Manager .�.� '"
Jock Robertson, Community Development Director
Kathlyn Castle, Planning Assistant
November 2, 1988
REGARDING: Public Hearing for Special Use Permit, SP #87-17,
4500 Main Street N.E.
This Special Use Permit which allows Central Roofing to have
exterior storage of materials and equipment at 4500 Main Street
N.E. was approved by the City Council on September 28, 1987. One
of the permits conditions requires a permit review by public
hearing in October of 1988. Since the petitioner had conflicts
with the October City Council meeting dates, the review has to be
scheduled in November. Please set the public hearing date for
November 21, 1988.
JR/KC:ls
M-88-308
5A
��y
TO: William Burns, City Manager,,�,
FROM: Jock Robertson, Community Development Director
Kathlyn Castle, Planning Assistant
DATE: November 2, 1988
REGARDING: Public Hearing for Special Use Permit, SP #87-17,
4500 Main Street N.E.
This Special Use Permit which allows Central Roofing to have
exterior storage of materials and equipment at 4500 Main Street
N.E. was approved by the City Council on September 28, 1987. One
of the permits conditions requires a permit review by public
hearing in October of 1988. Since the petitioner had conflicts
with the October City Council meeting dates, the review has to be
scheduled in November. Please set the public hearing date for
November 21, I988.
JR/KC:ls
M-88-308
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Mattet' oP a Special Use Pemit, SP 4�87-17
�95540
CITY COUNCIL PROCEEDINGS
Cent-ral RoofinQ Conpany , OWAer
SPECIAI. OSE PERMIT
The above eatitled matter came before the City Council of the City of Fridley
and was heard on the 28th day of __ Septenber , �g �� , on a
petition for a special use permit pursuant to the City of Fridley�s Zoning
Ordinance, for the folloWing described property:
�;O 2.1].�lt•7 evt?rinr gt r c+n -� j
O_��_ O� m?r2_ial_S uP_Q °,^���i��anC C.^. i)i3:"� Q�� T�Oi. �
Auditor's S�ibdivision i1o. 79, the sane being 4500 Tiain Street N.E.
IT IS ORDERED that a special use permit be granted as upon the following
conditions or reasons:
See City Council ninutes of Septenber '8, IS87.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
I, Shirley A. Haapala� City Clerk for the City of Fridley with and in for
said City of Fridley, do hereby certify that I have compared the foregoing
copy and Order granting a special use permit �rith the original record thereof
preserved in �}r office, and have found the same to be a correct and true
transcript of the xhole thereof.
IN TESTIMONY HHEREOF, I have hereunto subscribed my hand t.xhe City of
Frid ey, Minnesota, in Couaty oP Anoka on the ��� day of
� 19�
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, I�I 55432
�
SHIRLEY A. H APALA, CIT CLERg
(SEAL)
5B
6.
COUNCIL I�ETING OF SEPTEl�ER 28, 1987
Aspha2t, Inc. Por Street Improvement Project ST 1987-1 in the amoun of
�10�300. Seconded by CouncilWaman Jorgenson. IIpon a voioe vote, all ting
aye, May or pee declared the motion carried unanimously.
NEW B QS INESS :
F
Mr. Qureshi, City Manager, stated the budget befor the Council includes
funding for one additional full-time Police 0 icer rather thaa two
par�time Community Service Officers and �1,500 or Hediation Servioes.
Mr. Qureshi stated recent inPormation provi d by the County and submitted
to the Council regarding Medtronic's asse d value could possibly have some
it�ylit".df�.lvi�$ oa L�e bud3a� a..d shcu:� cor.sidered at *�s se�ond readi:ig of
the ordi nance .
MOTION by Councilman Schneide to Waive the reading and approve the
ordinance upon first reading. econded by CouncilWaman Jorgensoa. IIpon a
voice vote, all voting a , Mayor Nee declared the motion carried
unanimously.
7. CON6IDERATION OF FI READING OF AN ORDINANCE APPROVING A VACATION SAV
#8 -08 TO VACATE 66 FOOT STREET RIGHT-OF-WAY -1/2 AVENUE LYING
NORTH OF LOT 1 A TI� WESTERLY 2 FEET OF LOT 2 BLOCR 2 CENTRAL VZEW
MANOR. GENER LOCATED AT 7315 HIGHWAY 65 N.E.. BY RAPID OIL CHANGE:
�,
MOTION by ouncilman Schc�eider to table this item indefinitely. Seconded by
Counci an Fitz patrick. IIpon a voice vote, all voting aye� Mayor Nee
decl d the motion carried unanimously.
�ease refer to Item 2 for further information.
8. RECENING Tf� MINUTES OF Ti� PLANNING COI�SISSION I�'�ETING OF SEPTEMBE_R 16,
1987;
A. COI�SIDERATION OF A SPECIAL �E P'ERMIT. SP #87-1T. TO ALLaii
Mr. Robertson, Community Development Director, stated Ceatral Roofing
applied for a special u�e permit Por outside storage and there xas a delay
in Council action due to tbe concerna about potential odor problems. He
sLated the Presideat of Central Aoofing hired 1�rin City Testing to conduct
an odor te�t aad the results aho�ed that there Was an odor from the trucks
Which lasted aeveral seconds trhen they passed on the street. Iie atated rrhen
the trucks Were parked, odora Were not notioed, ualeas acmeone Was Within 50
meters oP tbe trucks carryfng hot aaphalt. •
Mr. Robertson atated the company duplicated the te�t to al1vW members of the
-6-
5C
�
COtJNCIL I�ETING OF SEPTEl�ER 28. /98T
Council, Commissions, and staff to take part. Ae stated, essentially, the
same results were Pound as tho�e of 11+in City Testing. Mr. Robertsoa atated
the companp submitted an Em►ironmental Assessment Worksheet and the Planniag
Commission noted t�here would be Iittle or no enviror�ental impacts from tha
Dusine��. He atated ataff ia, tharefore, recommendiag approval of the
apecial uae permit.
Councilman Fitzpatrick aaked if the petitioner vaa aware of all the
stipulations to �rhich boLh t�. Robertaon and the petitioner answered in the
affirmative.
MOTION by Councilmaa Fitzpatrick to grant apecial use permit� SP #87-17 to
allo�r exterior storage of materiala and equipment at 4500 Main Street, xith
the follaring stipulations: (1) all tar tanker trucks and kettlea Will be
parked (for both long and ahort term durations) on the northWest corner of
Lhe 9i±� as i��±cate� on t2:e ait� plan dat�d Ssp�ember ?6, 198'; (2)
emissioas of tar odora frcm Central Roofing aite and abutting right-of-xay
to be managed in auch a way as not to ezceed the levela atated in odor
emission test report bq ltirin City Testing dated Nay 4, 1987i (3) there Will
be no heating of tar in tankera or kettles on the Central Aoofing site or
abutting right-of-Waq; (4) the Environmental Assessment Worksheet (EAW)�
prepared by Central RooPing dated September 16, 1987, t+ill be conaidered
findings of fact related to the granting of thia special use permit,
environmental impacta due to Central Roofiag operationa, beyond those
descriDed in said El6i, may be cau�e for review and revocation of the special
use permit; (5) atorage of materiala and equipment shall be managed so as
not to be visible Pram the public right-of-waq or residential viex; (6)
provide ha.rdsurface parking and connective drive�+aq both rith curb and
gutter; prior to xcupancy of proposed otfice building or by October 1,
tg88, r+hichever eomes first; (7) resod and provide landscaping along with
automatic sprinkling in area between Main Street and screening fence to be
installed by October 1, 1988. 1l�e Citq reserves the right to modify the
plan in order to malce it consistent wiLh proposed landscaping by Rubber
Research to the south; (8) a performanee bond or letter of credit for
�15,000 to be pravided to the City, to cover outside improvements, prior to
occupancy of the site; and (9) special use permit complianoe to be revieWed
at public bearing in Oetober� 1988, or aooner xith format apecified by the
City Council if violation of any condition(a) ia reported. Seconded by
Councilman Goodspeed. IIpon a voioe vote, all voting ays, Mayor Nee declared
'.hhe motion carried unanimoualp.
_ — � '
B. CONSIDERATION OF A LOT SPLIT. L.S. #87-08, TO SPLIT PARTS
I� NL.EY •
I�lr. Robertaoa, Commuuitq Deveiopm ireetor, atated Lhia propoaal ia to
aplit a lot at 6300 Baloer S . Ae atated the lot t+ould be 60 feet wide
and 9�000 aquare tee area. Nr. Robertaon atated the oode requires lota
be 75 feet xide erefore, thia proposed lot Would aot meet the minim� lot
xidth. ated stafP felt thia lot could possibly be 68 feet �ide,
h , the petitioaer did aot vant Lo change his request due to coacerns
-7-
�
�
' SE
CITY OF FRIDLEY
PLA(�tJItJG COMPIISSIO�� MEETIt�G, SEPTE�I6ER 16, 1987
CALL TO ORDER:
Chairperson Billings called the September 16, 1987, Planning ission meetinq
to order at 7:30 p.m.
ROLL CALI:
MeMbers Present: Steve Billings, Dave Kondrick, De Saba, Sue Sherek,
Richard Svanda, Donald Betzold
Mer�bers Absent: tJone
Otiiers Present: Jim Robinson, Planning C rdinator
Tony Spigarelli, 3315 . 2nd St., Mpls.
Jim Benson, 620 Mend sson Ave., Mols.
Wi l l i am Henl ey, 63 Baker St. PJ. E.
I�elen & Gerald M owicz, 6314 8aker St. N.E.
R. C. Bard, 63 Bal:er St. N. E.
Mary & Franc' van Dan, 6342 Baker St. f�. E.
Sarah Hard , 2822 Leyland Trail, 4!oodbury
Karol & D id Andreasen, 5510 - 164 Lane P�.W., Anoka
Ken Bel yde, 7841 Wayzata Blvd.
Linda isher, 1500 Northwestern Financial Center, 7900 Xerxes Ave. S.
Ric rd Harris, 6200 Riverview Terrace
D e Harris, 470 Rice Creek Boulevard
en Bureau, 5630 W. Danube Road
t�ancy Jorgenson, City Councilperson-at-Large
APPROVAL OF UGUST 5, 1987, PLAPJNING COMP�ISSION ��ItJUTES:
MOTION MR. KONDRICK, SECONDED BY MR. SVANDA, TO APPROVE THE AUGUST 5, 1987,
PLANNI G COMMISSION MINUTES AS WRITTEN.
A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION
ED UNANIMOUSLY.
1. PUaLIC HEARIfJG: COFJSIDERATIOtJ OF A SPECIAL USE PERt1IT, #87-17, BY CEt�TRAL
OFI��f, CO �P t :
er Section .18.1,C,9,of the Fridley City Code to allow exterior storage
of materials and equipment on part of Lot 1, Auditor's Subdivision No. 79,
the same being 4500 Main Street N.E.
MO_TION BY MR. KONDRICIC, SECONDED BY 1►4�. SVANDA, TO WAIVE THE READ_TNG OF TXE
FORMAL PUBLIC HEARING NOTICE AND TO OPEN THE PUBLIC HEARING.
UPON A VDICE VOTE, ALL VOTING AYE, CNAIRPERSON BZLLINGS DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M.
�
PLAt�NItJG COMMISSION MEETING, SEPTEMBER 16, 1987 PAGE 4
2. Emissions of tar odors from Central Roofing site and abuttinq right-
of-wa�y to be managed in such a way as not to exceed the levels
stated in odor emission test report by Twin City Testing dated
May 4, 1987.
3. There will be no heating of tar in tankers or kettles on the Central
Roofing site or abutting right-of-way.
4. The Environmental Assessment lJorksheet (EAS) prepared bv Central
Roofing dated Sept. 16, 1987,�wi11 be considered findings of fact
related to the granting of special use permit, SP #87-17, environ-
mental impacts due to Central Roofing operations, beyond those
described in said EAW, may be cause for review and revocation of
the special use permit.
5. Storage of materials and equipment shall be managed so as not to be
visible from the public right-of-way or residential view.
6. Provide hard surface parking and connective driveway both with curb
and gutter prior to occupancy of proposed office building on or by
Oct. 1, 1988, whichever comes first.
7. Resod and provide landscaping along with automatic sprinkling in
area between �1ain Street and screening fence to be installed by
October 1, 1988. The City reserves the right to modify the pTan in
order to make it consistent with proposed landscaping by Rubber
Research to south.
$. A performance bond or letter of credit for $15,000 to be provided
to the City to cover outside improvements prior to occupancy of the
site.
9. Special use permit compliance to be reviewed by public hearing in
October 1988 or sooner with format specified by the City Council if
violation of any condition(s) is reported.
UPO(� A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLIt�6S DECLARED THE MOTIOP�
CARRIEU UWAP�It10USLY.
Mr. Robinson stated this item would go to City Council on
2. COIJSIDERATION OF A LOT SPLIT L.S. #87-08 BY WILLIAM HENLEY:
o sp it parts of Lot , , an , oc , oore a e ands, all
generally located at 6300 Baker Street N.E. The legal d iptions are as
foliows:
PARCEL A: Lot 11, Block 2, except the Sout feet and Lot 19, Block 2,
except the South 90 feet of the West 14 eet; all in Moore Lake Highlands.
PARCEL B: Lot 11, Block 2, exc the ��orth 60 feet; the North 40 feet of
Lot 12, Block 2; the tJorth feet of Lot 18, Block 2, except the South
80 feet of the North 11 eet and except the West 130 feet of the North 35
feet; Lot 19, Bloc , except the North 90 feet of the West 140 feet, lyinq
South of the No 60 feet and except the West 130 feet of that part of
Lot 19 lyin outh of the North 90 feet thereof as measured alona South and
West li thereof; all in Moore Lake Highlands.
c v st � i, s nn �,r.,; ., c*..e o*
sP #8�-i�
LOCATION MAP
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S.P. 87-'7 4500 Main Street
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SP #87-17
Central Roofing
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Ma�ntend-,�,.
MEMORANDUM
TO: William W. Burns, City Manager PW88-340
FROM: John G. F1ora,�Public Works Director
DATE: November 3, 1988
SUBJECT: Comprehensive Study of Fridley Water
Source and Distribution System
We have been planning to initiate a study of our water source and
distribution system. This study is necessary to determine the
adequacy of our existing wells and distribution system. This study
is included in our 5-year plan and the Council has suggested that
we have the study completed early in I989 so that we can also
investigate the possibility of installing a new well near Moore
Lake. A well located near Moore Lake could potentially assist us
in maintaining the water level in Moore Lake during drought
conditions as experienced the past two years. We are proceeding
with a request for proposals from consulting engineering firms for
a comprehensive studys of our water system.
Attached is a copy of the Notice to Bidders (Attachment 2) which
will be sent to the engineering firms listed on Attachment 1.
The Notice to Bidders will be published in the Construction
Bulletin for three weeks. Responses to the RFP are due by November
30, 1988. After the initial review and screening process, I will
recommend to you a short list of consultants based on the submittal
analysis, experience and estimated costs.
A date and time will be scheduled to make a final determination of
the consultant who will best perform the study and computer model
for Fridley.
Council should approve this action as it is expediting the 1989
Budget item.
JGF/BN/ts
Attachments
l•J
�_
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s
�� �
ATTACHMENT 1
WATBR STIIDY CONSIILTANTB
1. Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA)
2500 American Nat'1 Bank Bldg.
St. Paul, MN 55101
Attn: Thomas Kirk �
2. Bonnestroo, Rosene, Anderlik & Associates, Inc.
2335 West Trunk Highway 36
St. Paul, MN 55113
Attn: Thomas Noyes
3. Rieke, Carroll, Muller Associates, Inc. (RCM)
10901 Red Circle Drive
P.O. Box 130
Minnetonka, MN 55343
Attn: Jerry A. Denzel
4. Short-Elliott-Hendrickson (S.E.H.)
222 East Little Canada Road
St. PauZ, MN 55217
Attn: Duane W. Elliott
5. Comstock & Davis, Inc.
1446 County Road J(85th Ave., N.E.)
Minneapolis, MN 55432
Attn: Julian G. Fenendael
6. Howard, Needles, Tammen & Bergendoff (HNTB)
6700 France Ave., S.
Minneapolis, MN 55435
Attn: Dale Tranter
7. Donahue Engineers and Architects
7200 Hemlock Lane, N.
Maple Grove, MN 55369
Attn: Mike Hoft
8. Black & Veatch
1500 Meadow Lake Parkway
Kansas City, MO 64114
Attn: Robert Vansant
9. Pete Willenbring
Orr, Schelen, Mayeron & Associates, Inc.
2021 Hennepin Ave., E.
Minneapolis, MN 55413
6A
�
ATTACHMENT 2
NOTICB TO BIDDERB
REQIIEST FOR PROPOBAL - WATER SYSTEM STIIDY
The City of Fridley Public Works Department is currently seeking
responses to an RFP for the analysis and study of the Fridley
Municipal Water Utility System. The study shall analyze the
existing water system and project future needs for the City as
outlined in the RFP.
The responses to the RFP must be received by John G. Flora, Public
Works Director, at 6431 University Ave., N.E., Fridley, MN, 55432,
by WEDNE3DAY, NOVEMBBR 30, 1988.
For additional information or clarification, please call John G.
Flora, at 571-3450, extension 159.
By order of the City Council of the City of Fridley, Minnesota.
Dated this 8th day of November, 1988.
John G. Flora, P.E.
Public Works Director
Published: Construction Bulletin
November 11, 1988
November 18, 1988
November 25, 1988
. :
E�9�„��,.
sEwt,
Water
P�rks
Street�,
Mainlend���c�.
MEM4RANDUM
.
TO: William W. Burns, City Manager���• PW88-328
/
FROM: Johr► G. F1ora,rPublic Works Director
DATE: October 13, 1988
SUBJECT: SRA Resolution
The SRA Legal Council has identified a 1988 state legislative
action which forgave the repayment of $32 million in state loans
to Minneapolis and St. Paul for their separation of combined
sanitary and storm sewers. In addition to this 1988 legislative
action, they have identified a$49 million shortfall in the federal
program funding for this work. Because of this, the Executive
Committee is deeply concerned about the costs that will be
transferred to the metropolitan tax payer.
The SRA has prepared a resolution which objects to the loan
repayment action and suggests that the affected cities bear the
costs of separating and replacing their combined sewers same as all
of the other cities have done in the past.
I concur with the SRA's position and unless the Council feels
otherwise, I will prepare a resolution for the November 7 meeting
for the Council to adopt in this regard.
JGF/ts
Attachments
�
7'
TA
RESOLIITION NO. - 1988
A RE80LIITION OPPOSING THE SPREADING OF COSTS
FOR COMBINED SEWER SEPARATION IIPON THE STAT$
TREASIIRY
WHEREAB, the Suburban Rate Authority has assisted the Metropolitan
Council, the Minnesota Pollution Control Agency and the Minnesota
Legislature in formulating a program for funding combined sewer
separation in the cities of Minneapolis and St. Paul; and
WHEREAB, such sewer separation is required by law and by contract,
and is otherwise desirable; and
WHEREAS, expected federal funding for the program has been
cancelled and replacement funding must be identified; and
WIiEREAB, most cities in the seven county metropolitan area have
built separate sanitary and storm sewer systems, principally
through local funding; and
WHEREAS, the cities of St. Paul and Minneapolis have obtained
legislation forgiving approximately $32 million in separation
loans;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley does by this resolution state that it is opposed to the
spreading of the replacement funding upon the State Treasury, and
that it believes the most equitable resolution is for the affected
cities to themselves bear the cost of separating their combined
sewers.
PASSED AND ADOPTED BY TH8 CITY COIINCIL OF CITY OF FRIDL$Y THIB
DAY OF , 1988.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
RESSRA
�
MEMORANDUM
TO: SRA Board of Directors
FROM: SRA Counsel/�
DATE: October 4, 1988
RE: Combined Sewer 5eparation Program
Hackground
From 1983 to 1986, SRA participated in the development of a
program to fund combined sewer separation in St. Paul and to a
lesser extent in Minneapolis. In 1985 the legislature approved a
program of self-help, state grants, and state loans. Federal
grants were expected to make up the balance needed. The work was
to be accomplished over 10 years, with state loans being paid
back beginning in 1996. A provision in the 1988 "Garbaqe Bill"
removed the requirement that Minneapolis and St. Paul repay those
loans, which will total about $32 million by 1996. 'x'
In addition to the loans being forgiven, federal grants will
be reduced by about $50 million from what was anticipated in
1985. The Board is concerned that all taxpayers will be asked to
separate sewers in Minneapolis and St. Paul. This seems mani-
festly unfair as most cities have paid for their own separate
storm and sanitary sewer systems.
U ate.
Chairman Schoell and I met with several legislators to
discuss the background of the problem. The SRA Executive Com-
mittee has met and discussed the matter. Counsel was directed to
provide an update to Directors prior to the October meeting, so
that Dir�ctors could come prepared to d�.scuss the issues and to
take appropriate action. I was also asked to provide a draft
resolution for approval by the Board and subsequent action by the
members. That is also enclosed.
The easiest way to understand the numbers is to look at the
attached schedule prepared by the MPCA. The pen changes are the
result of an update obtained by one of my staff inembers who
visited with Loren Voight, who is in charge of grants and loans.
With the demise of the federal program the shortfall will exceed
$49 million. k
There is no doubt that the legislature will be asked to make
up for that shortfall. I expect this question to be a substan-
tial issue in the upcon�ing legislative session.
The Executive Committee and I are, I believe, in agreement
that there are not many organized voices which can be expected to
limit the state's funding role. One possibility is the ANIlK, but
it includes the core cities as members. Its legislative position
is currently being formulated. We believe that SRA members must
take an active and vocal position.
0060se01.b18
7C
SUBURBAN
MEMBERS
lIOOMINGTON
6ROOKlYN PARK
euaNSVn�e
CNAMPIIN
CIRCLE PINES
COlUM61A HfIGHTS
OEEVHAVEN
EOEN VRAIRIE
EDINA
FRIDLEY
GREENWO00
MASi1NG5
MOPKINS
LAUDERDAIE
MAPLE PIAIN
MAitEw000
M�NNETONKA
MINNETRISTA
NEW BRIGNTON
NORTM 5T. PAUL
ORONO
OSSEO
PIYMOUTH
RICHFIELD
ROBBINSDALE
ROSEVItLf
SAVAGE
ST. 1OU15 PARK
SMAKOPEE
SMOREVIEw
SPRING PARK
VADNAIS MEIGHTS
WAYZATA
WEST 5T. PAUL
WOOpLAND
0
RATE
AUTHORITY
TO :
FROM:
DATE:
RE:
MEMORANDUM
SRA Member City Managers and Clerks
William D. Schoell
Chairman
October 27, 1988
Funding of Combined Sewer Separation Programs
in St. Paul and Minneapolis
At its quarterly meeting on October 19 the Suburban Rate
Authority Board of Directors unanimously passed a reso-
lution urging member cities to contact their State
elected representatives regarding the funding of the
Combined Sewer Separation Program in the Cities of St.
Paul and Minneapolis. The Board recommends that cities
adopt a resolution along the lines of the enclosed model.
In 1983 and after the Suburban Rate Authority was very
active in working with the MPCA and others to develop a
method of funding Combined Sewer Separation projects in
the two core cities. The purpose of SRA participation
was, of course, to safeguard insofar as possible the
resources of its members, who had installed their own
separated sewers. At that time EPA was threatening to
shut off all t►ookups in the .�letrcpolitan 3rea �!ntil the
problem was resolved. Such action would have landed
particularly hard upon SRA members who are experiencing
growth. After many meetings over a period of approxi-
mat�ly two years, and appearances in the legislature, it
passed a bill providing for a loan and grant program
which would enable St. Paul and Minneapolis to complete
their sewer separations by 1996. The scheme settled upon
by all of the parties included a combination of federal
grants, no interest state loans to he repaid beginning in
1996, state grants and self-help. In the waning hours of
the last legislature, two provisions were inserted in the
appropriations bill which repealed the provisions re-
quiring repayrnc,lt of. th� loans. These repealers were not
heard by any committee of the legislature, except a
conference committee on the appropriations bill. In
2000 FIRST BANK PIACE WEST • MINNEAPOIIS, MINNESOTA SS402 •(612) 333-0543
7D
7E
SRA Member Cities
October 27, 1988
Page 2
effect, the repealer forgives approximately $32 million
in loans to the two cities. ,
Another more important matter, at least in terms of
dollars, is the abolition of the federal grant program.
It now appears that the federal share will be reduced by
approximately $49 million from that expected when the
funding plan was developed.
The legislature will have to face the problem this
session. The Board anticipates that the two cities will
ask the legislature to make up the $49 million in federal
money which will not be forthcoming. The Board feels it
is patently unfair for the residents of the state to
pay for the replacement and separation of sewers in St.
Paul and Minneapolis. The SRA Board feels that it is
imperative that we speak up. In addition to passing the
resolution or something similar, elected officials should
make sure that their state legislative delegation under-
stands the problem.
I would appreciate it if you will provide a copy of the
resolution, should your council decide to adopt it, to me
or to SRA counsel. A brief report on what other steps
have been taken would assist the SRA Board at its January
meeting in determining what more to do on this subject.
Enclosure
�
00601tO1.b18 i-`��� � �
cc: Directors (
7F
RESOL�TION NO.
WHEREAS, the Suburban Rate Authority has assisted the Metro-
politan Council, the Minnesota Pollution Control Agency and the
Minnesota Legislature in formulating a program for funding
combined sewer separation in the cities of Minneapolis and St.
Paul; and
WHEREAS, such sewer separation is required by law and by
contract, and is otherwise desirable; and
WHEREAS, expected federal funding for the program has been
cancelled and replacement funding must be identified; and
WHEREAS, most cities in the seven county metropolitan area
have built separate sanitary and storm sewer systems, principally
through local funding; and
WHEREAS, the cities of St. Paul and Minneapolis have ob-
tained legislation forgiving approximately $32 million in sepa-
ration loans from the state;
NOW, THEREFORE, the council of the City of ,
does by this resolution state that it is opposed to the spreading
of the replacement funding upon the State Treasury, and that it
believes the most equitable resolution is for the affected cities
to themselves provide that funding.
0060se01.b18
E„q��,���� �,�„
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F>:a, � 1
s<<<��is
Ma.ntennncr
MEMORANDUM
�
TO: William ia. Burns, City �:anager pW88-345
FROM: John Flora, Public Worlcs Director
DATE: October 21, 1988
SUBJECT: Overlay of Parking Lot at Sears
Building on Rice Creek Road
We are proceeding with the street improvements along Rice Creek
Road under Street Improvement Project No. ST. 1988 - 1& 2.
Construction of this project includes the removal of the northern
curb in the Sears parking lot to allow widening of the street and
boulevard. In addition to removing the north curb in the Sears
parking lot, we have made a change in the entrance to the lot
moving it from Rice Creek Road to the west service drive. This
change will improve traffic flow on Rice Creek Road and allow more
parking spaces in the Sears lot.
Due to the revisions being made in the Sears parking lot on the
north and west sides, it would not be possible to patch the parking
lot asphalt and provide adequate drainage. We have notified the
owner of the property of the drainage problems and they have
requested that we take the necessary steps to prevent water from
standing in the lot. We reviewed their request and believe we can
provide drainage for the lot by installing two catch basins and
overlying the parking alot.
We will be forwarding to the City Council for consideration at
their November 7 meeting a letter from Mr. George Applebaum
requesting that we incorporate the improvements to the parking lot
into our project and requestinq that we assess the cost of the
improvements to the property. We will also have a change order
prepared which will add these items to the project.
Please be advised that if the Council approves this change order,
we will be adding it to our project and it will be necessary to add
this to our assessment roll for Street Improvemgnt Project No. ST.
1988 - 1 & 2.
MLB/ts
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CITY OP FF.IDT.EY
P�TITIdN CO',�I'R SHELT
Petition No. 21-1988
Date F.eceived OCtOber 21 1988
Object The Shopping Center Group requests improvements to the Sears
parking lot and agrees to pay 100% of the ccst of the improvements.
P:titio�� Chec�:ed B}•
Percent Sisninb
Referred to City Covncil
Disposition
Aate
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G`o�p M 55��3 •
Centet �OSe�1\\e• ~ ��,r\�s�s�n
StiOp���9' , S�`ce ZZ� � ReaS, 5$
��Z33 N N�m�ine P�e SConS���eg` Se��ices
2 `��esc
October 31, 1988
Mr. Mark Burch
City of Fridley
Civic Center
6431 University Avenue N.E.
Fridley, MN 55432
RE: Sears Parkir.g Lo�
BY: FAX
Dear Mark:
Please accept this letter as a formal request to the City of
Fridley to undertake certain improvements to the Sears Surplus
Store located at the intersection of Highway 65 and East Moore
Lake Drive.
The City has requested that the main entrance of the Sears
property be relocated to the Highway 65 frontage road. Because
the lot was originally designed to surface drain, this
relocation has necessitated a redesign of drainage and traffic
flow.
Shorewood Plaza Partners, as owners of the property, request
that these improvements be assessed against the property and
Tt'31 �� C::Z' � �C:'j 4*n a_ :�+,1�J� J C i'2�81"1;.,.
. �•
Sincerely,
S� OOD �ZA PARTNERS
GEORGE A�EBAUM
GENERAL P TNER
GA:ss
Member ol
intemational Council ol
Shopping Centers
a L
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U _
MEMORANDUM
TO: William W. Burns, City Manager PW88-360
FROM: John G. Flora, Public Works Director
DATE: November 7, 1988
SUBJECT: Change Order #4 for Street Improvement Project
No. ST. 1988 - 1& 2
Please forward the attached revised Change Order �4 for Street
Improvement Project No. ST. 1988 - 1& 2 to the City Council for
consideration at their November 7 meeting. This change order
should be acted upon instead of the original Change Order �4 which
is included in the agenda. The Revised Change Order #4
incorporates the correct amount for Item #13, Irrigation System
Additions of $14,574.00.
We were advised of the revised amount for the irrigation system
addition this morning by the contractor and have reviewed the
addition with Mr. George Applebaum of The Shopping Center Group.
Mr. Applebaum agrees that the additional irrigation system is
necessary and that the total cost of this proj ect will still be
within the budget after this addition.
MLB/ts
Attachment
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* R E V I 8 S D*
` CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVE., N.E.
FRIDLEY, MN 55432
November 7, 1988
C.S. McCrossan Construction Co., Inc.
P.O. Box 247
Maple Grove, Mn 55369
SUBJECT: Change Order No. 4, Street Improvement
Project No. ST. 1988 - 1& 2
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your
contract for Street Improvement Project No. ST. 1988 - 1& 2 by
adding the following work:
Addition•
ITEM
1. Remove bituminous
Pavement
2. 10" PVC Storm
Sewer
3. Construct C.B.
4. Common Excavation
5. B-6-18 Curb &
Gutter
6. #2331 Binder
(Leveling Course)
7• #2341 Wear
8. Oil
9. Tack
10. Class 5
APPROX.
QUANTITY
900 S.Y.
250 L.F.
7 L.F.
150 C.Y.
775 L.F.
PRICE
$ 2.00
27.00
150.00
3.25
4.31
AMOUNT
$1,800.00
6,750.00
1,050.00
487.50
3,340.25
400 T. 10.50 4,200.00
300 T. 11.50 3,450.00
40 T. 145.00 5,$00.00
450 Gal. 2.00 900.00
150 T. 6.90 1,035.00
TOTAL PAGE ONE. . . . . . . $ 28,812.75
C.S. McCrossan-;Construction Co., Inc.'
Page Two
Change Order No. 4
November 7, 1988
�TEM
il. 3" Rigid 5teel
Conduits
12. Pad-Mount Service
Equipment for
Signal System
APPROX.
OUANTITY
180 L. F.
Lump Sum
�' ' �
10.75
- • ,1�
1,935.00
1,788.00
13. Irrigation
System Additions Lump Sum 14 574 00
� •
, TOTAL PAGE TWO . . . . . . . . . . . . .$18,297.00
TOTAL PAGE ONE . . . . . . . . . . . . . 28,812.75
TOTAL ADDITIONB . . . . . . . . . . . .$47�109.75
TOTAL CHANGE ORDERS:
original Contract amount. . . . . . . . . . . . $851,807.20
Contract Additions - Change Order No. 1. ... 13,901.00
Change Order No. 2. ... 22,857.30
Change Order No. 3. ... 52,095.50 �l�z
Change Order No. 4. ... 47,109.75 �
REVISED CONTRACT AMOIINT $98?�770.75
Submitted and approved by John G. Flora, Public Works Director, on
the 7th day of November, 1988.
pared by
Checked by -� ,-�
;�
�i G. Flora, P.E.
�irector of Public Works
C.S. McCrossan Construction Co., Inc.
Page Three
Change Order No. 4
November 7, 1988
Approved and accepted this �$ T�1., day of �� ,
1988, by
Approved and accepted this
1988, by
JT/ts
C.B. MCCROSSAN CONSTRIICTION CO., INC.
�� �
Thomas Kenn , Project Manager
day of ,
CITY OF FRIDLEY
William J. Nee, Mayor
William w. Burns, City Manager
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVE., N.E.
FRIDLEY, MN 55432
November 6, 1988
C.S. McCrossan Construction Co., Inc.
P.O. Box 247
Maple Grove, Mn 55369
SUBJECT: Change Order No. 4, Street Improvement
Project No. ST. 1988 - 1& 2
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your
contract for Street Improvement Project No. ST. 1988 - 1& 2 by
adding the following work:
Addition•
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ITEM
Remove bituminous
Pavement
10" PVC Storm
Sewer
Construct C.B.
Common Excavation
B-6-18 Curb &
Gutter
#2331 Binder
(Leveling Course)
#2341 Wear
Oil
Tack
Class 5
APPROX.
4UANTITY
900 S.Y.
250 L.F.
7 L.F.
150 C.Y.
775 L.F.
PRZCE
$ 2.00
27.00
150.00
3.25
4.31
AMOUNT
$1,800.00
6,750.00
1,050.00
487.50
3,340.25
400 T. 10.50 4,200.00
300 T. ].1.50 3,450.00
40 T. 145.00 5,800.00
450 Gal. 2.00 900.00
150 T.. 6.90 1,035.00
TOTAL PAGE ONE. . . . . . . $ 28,812.75
8C
: �
C.S. McCrossan Construction Co., Inc.
Page Two
Change Order No. 4
November 7, 1988
ITEM
11. 3" Rigid Steel
Conduits
12. Pad-Mount Service
Equipment for
Signal System
APPROX.
QUANTTTY
180 L.F.
Lump Sum
PRICE
10.75
AMOUNT
1,935.00
1,788.00
13. Irrigation
System Additions Lump Sum 6,500.00
TOTAL PAGE TWO . . . . . . . . . . . . .$10,223.00
TOTAL PAGE ONE . . . . . . . . . . . . . 28,812.75
TOTAL ADDITIONB . . . . . . . . . . . .$39,035.75
TOTAL CHANGE ORDERS:
Original Contract amount. . . . . . . . . . . . $851,807.20
Contract Additions - Change Order No. 1. ... 13,901.00
Change Order No. 2. ... 22,857.30
Change Order No. 3. ... 52,095.50
Change Order No. 4. ... 32,535.75
REVISED CONTRACT AMOONT $973,196.75
Submitted and approved by John G. Flora, Public Works Director, on
the 7th day of N ember, 1988.
e red by
i!��!l�'t��t'`t.�"
Checked by
n . Flora, P.E.
D' ector of Public Works
C.S. McCrossan Construction Co., Inc.
Page Three
Change Order No. 4
November 7, 1988
Approveci and accepted this ��`j �"� day of � G�r'1,�=--�� ►
1988, by
Approved and accepted this
1988, by
JT/ts
C.B. MCCROSSAN CONSTR�CTION CO., INC.
� t`� ��^^,�„
Thomas Kenney, Project Manager
day of ,
CITY OF FRIDLEY
William J. Nee, Mayor
William w. Burns, City Manager
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MEMORANDUM
TO: William W. Burns, City Manager PW88-356
FROM: John G. Flora, Public Works Director
DATE: November 3, 1988
SUBJECT: petition from Joe Dzubak of 129 Horizon
Circle Requesting Removal of Boulevard Tree
On November 2, 1988, we have received a letter (Petition No. 23-
1988) from Mr. Joe Dzubak, 129 Horizon Circle.
Mr. Dzubak is one of the home owners on Horizon Circle that has
experienced foundation settlement and basement wall cracking. In
his letter, he is requesting the City remove a boulevard tree in
the front of his property.
As the boulevard tree is an elm tree and is susceptible to Dutch
Elm Disease, and as the tree is a probable cause for the removal
of water from the soil causes the settlement of his basement
foundation, and as removal of this tree is consistent with the
purpose of Ordinance No. 510 (Tree Preservation), I would recommend
the City Council authorize the Public works Department to remove
the boulevard tree in front of 129 Horizon CircZe.
JGF/ts
Attachment
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CITl OI' FF.IP;.El
P�T i'i IO'� C(>;�: R SHEi:i
Petition ho. 23-1988
D�;e F_ecei�.�ed November 3, 1988
Cl�jec� Requesting City to remove the Cit elm tree on the
�-6ou evard of 12 Horizon Drive upon the recommendations
by two engineering firms and the Ci�y's Building
I'.:._, io�. !".:ec: cd
per��-:t S�cr.i^c
Rcie:rcd :o Ci:�• Council
D==?�,si[io�
na:e
9A
Date i f -��i -E:�
Johr� F lora
I>irec+cr of F'�b L ic Works
C i ty of F�- i d ley
I!e.�r : i�r . F lora
F'er recr�mn�enda t i ons aiade b� #!-�� �? E•;i� i neer i n� f i rr��s an�
C i ty of Fr i d leys' bu i�ct i��ig i ii;Fec tor , regard i ng �he sa i! prob lern�
i n i t�e Ho-,- i: vn L��- i�,�e;'� i rc Le �� ea : I an� re��ue� t�:��, tr�,e � i#y of ! r i d i�>
to r.- ,_��: � tf;r� i= i t� � �r„ -trt•� a+h ,�[� ,� _,-� �n; ���,u 1�-. �. .- -
?f�ani� y�a fc� y,�,c;, hc LF ir� tt; i� rn�±t�_� .
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Water
Parks
Streets
Mauitenan�,.
MEMORANDUM
TO: William Burns, C�y Manager _ PW88-351
FROM: ,;ohn Flor.3, Public [dorks Director
DATE: October 31, 1988
SUBJECT: Request from Property Owner at 5505 West Danube
Road to Al1ow the Construction of a Deck Which
Will Encroach 4 Feet into a Utility Easement.
The property owner at 5505 West Danube Road would like to build a
deck on the northeast side of his home that would encroach four
feet into the existing utility easement which runs along the north
side of the property. I have inspected the property and do not
feel this would create a problem for us if we had to perform
maintenance on the storm sewer line running along the north
property line of this site.
I am attaching a letter from the property owner requesting this
encroachment and a drawing which shows the deck and the north
property line.
Please forward this information to the City Council for their
consideration. Due to the time of year, the Contractor would like
to proceed on this project as soon as possible and requests that
the Council consider this at their November 7 meeting, if possible.
Recommend the City Council approve the encroachment into the
utility easement of 5505 West Danube Road with the submittal of a
hold harmless agreement that can be recorded at the County.
MLB/ts
Attachments
10
�
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October 27, 1988
Members of the City Council
Fridley, MN 55432
Dear Council members,
We are writing to request a variance to encroach four feet into a
utility easement on our property to build a deck. Attached is a
plot map of the property located at 5505 West Danube Rd.
The easement is defined as a utility easement. It provides for a
ten foot buffer between structures on our property and the North
lot line. All utilities to the property (gas, electric, water,
sewer, and phone) are routed on the south end of the house. The
only current use of the easement is a storm sewer drain that
terminates roughly at the rear of our garage.
We propose to extend a wooden deck from the rear (East) end of the
garage with a four foot encroachment into the easement. This has
been discussed with the chief building inspector, Daryl Clark, and
with the city engineer, Mark Burch. Both of these gentlemen
believe that the deck will NOT impose any limitations on access to
the storm sewer and they do not anticipate any problems from the
encroachment.
We look forward to a positive response to our request. Should you
have any questions, please contact us.
Sincerely,
���Z.1 ���'�� � C�k�
�
Cheryl Messerli Horeck and Bob Horeck
cc. Northern States Power
Minnegasco
Northwestern Bell Telephone
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MEMORANDUM
TO: Willia urns, City Manager 'A�� PW88-343
�
FROM: Clyde Moravetz, Cable Coordinator
DATE: October 21, 1988
SUBJECT: proposed Cable Television Agreement Between
ACCW and the City for 1989
11
Attached is a draft agreement (two copies) approved by the ACCW
Board of Directors.
This agreement is basically the same as past years. The only
significant change is that the ACCW is asking for 50 percent of the
franchise fee instead of the 40 percent received last year. They
are not asking for the interest on the cable fund for 1989 which
they got in 1987 and 1988.
I have corresponded with the Cable Commission regarding the
agreement and they recommend Council approval of the agreement as
drafted.
I suggest this item be placed on the November 7 meeting agenda for
Council review and authorization. If approved, both copies should
be signed and executed.
Also attached is a memorandum from Paul Kaspszak, Chairman, of the
ACCW providing support for the money requested.
CVM/ts
Attachments
,�
CI
�
•� r a
This agreement made and entered into this day of , 1988, by
and between the City of Fridley, a Minnesota municipal corporation, in the
County of Anoka, State of Minnesota, hereinafter referred to as "the City",
and Anoka County Comnunications Workshop, Incorporated, a non-profit corporation
in the County of Anvka, State of Minnesota, witnesseth:
For and in consideration of the promises, covenants, terms and provisions
herein contained, the parties hereto mutually agree as follows:
1. Period of Agreement. This agreement for a 12 month period, shall be
effective January 1, 1989 through December 31, 1989, unless otherwise
terminated by either party with 90 days written notice. Upon termination
of the agreement, all uncommitted portions of the grant shall be returned
to the City, Final determination of any such uncort�nitted amount shall
be as determined and agreed upon by the City Manager and Anoka County
Co�nunications Workshop, Inc.
2. Responsibilities of Anoka County Communications Workshop, Inc. ACCW
agrees to provide, on behalf of the City, services to Fridley residents
as follows:
a. To educate members of the public to the potential uses of video
communications in the cou�nunity.
b. To provide training and technical assistance that will promote
citizen use of available cable casting facilities as a non-co�nercial
means of communication.
c. To serve as a resource center for information, materials and equipment
relating to the use of video as a communication medium.
d. To serve as a receiving, holding and disbursing entity for monies
intended to promote non-commercial citizens use of the channel.
e. To orovide at the request of the City, assistance to City staff
in the progrartuning of its government acce�s channel, at no additional
cost.
3. Anoka County Communications Workshop, Inc, further agrees to keep and
maintain a qualified staff of personnel, both paid and volunteer,
necessary to perform the services herein set forth.
4. For the period of this agreement the City will grant to Anoka County
Communications Workshop, Inc. 50$ of the 5$ franchise fee from the
current cable company to the City. Said amount shall be payable in
quarterly equal amounts on the first business day of January, April,
.7uly and October, 1989, with any excess funds payable in January,
1990.
11A
Agreement
Page 2
11B
5. Anoka County Communications Workshop, Inc, shall keep accurate and
complete records of financial transactions and shall provide to the
City, on a quarterly basis April 1, 1989, July 1, 1989, October 1,
1989, and February 1, 1989, a complete written financial report of
its operations during the period of this agreement. Said records
shall include an accounting system maintained in a generally accepted
manner, including, if applicable, the filing of proper tax returns
to the Federal and State Governments, such as payroll tax returns or
corporate income tax returns. Said records shall be available for
inspection by the City Manager, members of the Council, and Cable
CoRenission members during regular business hours.
6. ACCW shall provide to the City a written report of its operational
activities, including whatever data will assist the City in evaluating
the effectiveness of the ACCW in the provision of the services herein
set forth. Said report will be provided to the City within sixty days
after completion of this agreement. ACCW will also provide interim
progress reports of its operational activities April 1, July 1, October
1, and February 1.
7. ACCW shall indemnify, save and hold harmless the City and all of its
officers, agents and employees from any and all claims for losses, injuries,
da�►ages and liabilities to persons or property occasioned wholly or
in part by the acts or omissions of ACCW, its agents, officers, employees,
members, guests, patrons or any person or persons associated with ACCW
for any purpose.
8. Insurance. ACCW will provide proof of liability insurance, naming
the City as an additional insured in an amount and form as approved
by the City Manager,
9. ACCW shall provide the City documentation that it has obtained non-profit
tax-exempt status from the Federal Internal Revenue Service and the
State of Minnesota Department Revenue.
10. It is understood and agreed that no alteration o�t variation of the
terms of this agreement shall be valid unless made in writing and signed
by the parties hereto.
11. In the event of a breach by ACC�1 of the terms or conditions of the
Agreement, the City shall have, in addition to any other legal recourse,
the right to terminate thi.s Agreement.
Agreement
Page 3
In witnes whereof, the parties have caused the Agreement to be executed
by their proper officers, thereunto duly authorized.
Witness:
CITY OF FRIDLEY
William Hurns City Manager
William J. Nee Mayor
0
easurer
11C
11D
This agreement made and entered into this day of , 1988, by
and between the City of Fridley, a Minnesota municipal corporation, in the
County of Anoka, State of Minnesota, hereinafter referred to as "the City",
and Anoka County Communications Workshop, Incorporated, a non-profit corporation
in the County of Anoka, State of Minnesota, witnesseth:
For and in consideration of the promises, covenants, terms and provisions
herein contained, the parties hereto mutually agree as follows:
l. Period of Agreement. This agreement for a 12 month period, shall be
effective January 1, 1989 through December 31, 1989, unless otherwise
terminated by either party with 90 days written notice. Upon termination
of the agreement, all uncommitted portions of the grant shall be returned
to the City. Final determination of any such uncommitted amount shall
be as determined and agreed upon by the City Manager and Anoka County
Cortununications Workshop, Inc.
2. Responsibilities of Anoka County Com�nunications Workshop, Inc. ACCW
agrees to provide, on behalf of the City, services to Fridley residents
as follows:
a. To educate members of the public to the potential uses of video
comQnunications in the coummunity.
b. To provide training and technical assistance that will promote
citizen use of available cable casting facilities as a non-commercial
means of communication.
c. To serve as a resource center for information, materials and equipment
relating to the use of video as a communication medium.
d. To serve as a receiving, holding and disbursing entity for monies
intended to promote non-commercial citizens use of the channel.
e. To provide at the request of the City, assistance to City staff
in the programming of its government access channel, at no additional
cost.
3. Anoka County Comanunications Workshop, Inc, further agrees to keep and
maintain a qualified staff of personnel, both paid and volunteer,
necessary to perform the services herein set forth.
4. For the period of this agreement the City will grant to Anoka County
Communications Workshop, Inc. 50$ of the 5$ franchise fee from the
current cable company to the City. Said amount shall be payable in
quarterly equal amounts on the first business day of January, April,
,7uly and October, 1989, with any excess funds payable in January,
1990.
11E
Agreement
Page 2
5. Anoka County Communications Workshop, Inc, shall keep accurate and
complete records of financial transactions and shall provide to the
City, on a quarterly basis April l, 1989, July l, 1989, October 1,
1989, and February 1, 19$9, a complete written financial report of
its operations during the period of this agreement. Said records
shall include an accounting system maintained in a generally accepted
manner, including, if applicable, the filing of proper tax returns
to the Federal and State Governments, such as payroll tax returns or
corporate income tax returns. Said records shall be available for
inspection by the City Manager, members of the Council, and Cable
Commission members during regular business hours.
6. ACCW shall provide to the City a written report of its operational
activities, including whatever data will assist the City in evaluating
the effectiveness of the ACCW in the provision of the services herein
set forth. Said report will be provided to the City within sixty days
after completion of this agreement. ACCW will also provide interim
progress reports of its operational activities April 1, July l, October
1, and February 1.
7. ACCW shall indemnify, save and hold harmless the City and all of its
officers, agents and employees from any and all claims for losses, injuries,
damages and liabilities to persons or property occasioned wholly or
in part by the acts or omissions of ACCW, its agents, officers, employees,
members, guests, patrons or any person or persons associated with ACCW
for any purpose.
8. Insurance. ACCW will provide proof of liability insurance, naming
the City as an additional insured in an amount and form as approved
by the City Manager.
9. ACCW shall provide the City documentation that it has obtained non-profit
tax-exempt status from the Federal Internal Revenue Service and the
State of Minnesota Department Revenue.
10. It is understood and agreed that no alteration o� variation of the
terms of this agreement shall be valid unless made in writing and signed
by the parties hereto.
11. In the event of a breach by ACCW of the terms or conditions of the
Agreement, the City shall have, in addition to any other legal recourse,
the right to terminate this Agreement.
Agreement
Page 3
In witnes whereof, the parties have caused the Agreement to be executec+
by their proper officers, thereunto duly authorized.
Witness:
CITY OF FRIDLEY
William Burns City Manager
William J. Nee Mayor
ul . Kasp ak A Chairperson
_ v
�
David S. Harvet ACCW Treasurer
�1F
11G
I
; I
(
EVERYONE'S TELEVISION CHANNEL
Date: October 13, 1988
Re: Support materials - ACCW request to the City of Fridley
for 1989 operating expenses.
The Anoka County Communications Workshop is approaching the City
of Fridley for continuing operating expenses for fiscal year 1989.
Our current agreement with the City ends December 31, 1988.
This budget request will cover the basic expenses necessary to
keep the Workshop operating at its current level. We are open 60
hours a week and have two staff inembers (one full time, one part-time}.
Our projected basic operating expenses are as follows:
Salaries
Matching FICA
Insurance
Telephone
Office Supglies
Printing
Postage
Total
$26,000
1,800
1,500
1,300
300
1,000
600
$32,500
(two staff inembers).
(required by franchise)
(considered by telephone
company as a business)
(brochures, ne��sletters etc.)
Clyde Moravetz estimates the total 1989 franchise fee to be $64,000.
Therefore, based on the above budget, and past recommendations, the
ACCW respectfully requests the City contribute 50$ of the 5$ franchise
fee (approximately $32,000).
We realize the request represents a 10$ increase over previous years.
For reference, last year the City contributed 40$ of the franchise
fee plus interes t on the cable fund.
We understand additional monies, over and above the City's contribution,
are needed for the Workshop to continue as the nation's #1 public
access center. These additional monies will be used for purchasing
video tape, outreach projects (49er Day parade, telethon, open houses,
Willie awards), staff training, promotional materials, NFCLP dues,
Chamber of Commerce dues, miscellaneous set accessories etc.
The following are some planned fundraising actions:
Anoka Ramse Classes - The Workshop plans to continue teaching classes
or co lege cre it. This year, to date, we have received $3,�355 for
this service. In 1987, we received $4,400. We anticipate similar
figures next year.
ANOKA COUNTY COMMUIV�GATIONS WORKSHOFS
350 63wo AvEN;iE NE FRIDLEY MN 55432 (612) 571�91d4
11H
ACCW Memberships and Classes - Due to the deteriorated condition of
our previous production equipment, recent income in tliis area has
declined. However, with the new equipment installation, enthusiasm
and interest i's gh - people are returni.ng. We will work hard to
attain the 1985 income level, of approximately $3,000.
Telethon - The ACCW's annual telethon was temporarily postponed in
98 . The Board of Directors felt a successful telethon was not
possible using the old production equipment. However, a 1989 telethon
is planned. We ant3cipate approximately $2,000 will be raised.
Interest on Savings - The ACCW has a money market account at the
Fridley State Bank. Annual interest income is approximately $1,000.
T-Shirt Sales - We have developed an exciting new T-shirt design.
Sales ave a ways been excellent and should be even better in the
future. Projected income is approximately $600.
Grants - As needs for special projects arise, we again plan to apply
for grants. We have found an experienced grant writer who will assist
us in submitting successful grant applications.
In reading the local newspapers, it is evident public access is having
problems in surrounding areas. But, with dynamic ideas, excellent
inter-channel cooperation, quality staff, a knowledgable Board of
Directors and strong on-going City support, the ACCW is continuing
as the country's best access organization.
As such, we look forward to a favorable response to our budget request.
If you have any questions on this or any other matter, please call
me at 571-0441.
Thank you a ain for
aul , a�ps /�
Chairperson l�
support and consideration.
cc: ACCW Board of Directors
�
��
i �- � �� - •�� i� �
ia � � � i�
pp,TE: Oc�to�ber' 20, 1988 l,�'.
�i\'
To: sill Bi�ns, Actirrg city Managex ' as-lo-s
Rc�bert D. Aldric� Fire Ci�ief �'�1c�� '
FiZQ�i: ,
RE: Opticxxn Installation
Installation of Opticam, Emex�gerx.y Vehicle Pree�tion (EVP), in the south
University Ave.nue oorridor has previously been aut2brized by the City Coiu�cil.
Royal Electric of Fridley was award,ed the installtion oor�tract based upor► a
q�tation requestea ry the city. Zheir c�uotation of $s,a5o.00 is ba��ea upon the
ass�nnption that existing cableways, candu.its a�i manhples in plac�e by MnD�r can
be u.sed for wiring Optioc�.
'Ihe 1988 project has enooimtered difficulties at two of the installatio�n sites.
'IlZese di f f iculties require the instal lation of an additi�al conduit bY Rayal
Elect-xic to be able to oamplete the wiririg of the syst�n. As a resul.t of a
miswzaerstanaing one conauit has been plaoea already; hawever one aaaitional nm
has to be installed.
Royai Electric has suYmitted an irrwice for additional work outside the sooPe
of the quotation. This work has been done witt�azt prior app�oval of the City
Council.
I have met with the oontractor ar�d informeci hun that ivee mu.st no�t st.art w�rk
outside of the soope of the quotation, and I am certain it will nat hap�pe.n again.
I am requestinq approval by the City �il of the work oo�leted and also
authorization to oamplete the additianal work requestecl in the attached letter
of Oc�tobex 18, 1988.
The total oosts of these requests are $2,752.20. Ftmd.s for the installation of
all the Optiooan equipaent installed to date has oc�e out of Capital I�rove�oent
fiuxis.
RL1A/el
AttaChment
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i.;iivh°�:k�'��1�. t^P: 5',432
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PNOPOS�I SUB�•�iTTEO TO
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STRECT
b43i ;'^_,•c�..._. l..t:. ...
CITY, SiATE ANO ZIP COOE
F:•idiec. ?�'� �543�
ARCMITEGT
We hereby submit specitications and estimates tor:
DATE OF PlANS
PHONE
JUB NAME
JOB LOCATION
Page No. ' of
DATE
_ �'��' .. . � -
�oa vMOwe
Ti1SLd11�C1C^ Of iiY:ZGO� Detectors, iE�u�ec: �'.r;r.� & COtP.DOT18Tlt£ .�L efiCt: Of ti1C �uliUwlh�;
fr._ersectio^�:
49th ?venue � liig;,wa; � � !:.L,. - 4 detectors
� 53rdAver.ue & Nighway 41 i:.F. - 4 detectors
I-694 scut'r. :::n:� - 3 ce _i�etors
_. I-694 north ramp —3. de �ectors
Attachment of detector Would be ac existing pre-d:illed, pre-tapped hubs on top en sema-
phore a:ms. Terminations in cabinet would be rrade by others.
Assuming all ur.dergro�nd conduits.are unobstructed and all puli boxes are accessible, the
amount of labor and buckeL truck for al] �.RCC'�:ct.ie::s would be billed on t:me ar,d
material basis no:. to exceed ----�8,2SC.00
�flr �rn}�nar hereby to turnish material and labor — complete in accordance with above specitications, tor the sum of:
dollars (b
to be made as follows:
)�
All m�terisl is gw�anteed to W as spKififd. Aq wMk lo M cOmplttW in a workmaMiMe �� ' " �/ t
m�nner iccordinQ to standard prsctic�s. A�ryr sMa�tion w deviation Iram above speu��ca• AuthOriild `��/ //� ,%� /'ri'
tiont invavin� e:tr� cnts MIII � fR<CW�E OIIIy YpO:I MI1�If11 O/NR� an0 wi11 Eecome sn Signatur! ��' L�• �/�, ✓�'—� •. ?� l'l'll� _
t:tn ehar�e owr �nE ipov� th� �stimat�. Aq a�nem�ntf eontfn�tM upon strik�s, tcc�dents •
w dei�ya Deyond our control. Own�r to carry fin, twn�do snd otMr necesssry insunnce. Note: This propoSal msy b! `
ou� .w�reR ,r. �uiy cwene �y wo.�me� s Comp.na.t� ��sur,ne.. withdrawn by us ii not accepted within d2ys.
�
,P1ttP�ItMriIP II� �rII�1DSAI —The sbove prices, sPeci��cat�o�s
and cond�tions sre satisfactory and are hereby sccepted. You are authorized S�B^ature
to do the work as speciiied. Payment will be made as outlined above.
Date o( Acceptance:
Signature
ROYAL E�ECTRIC CO., INC.
7401 Centra! Ave. N.E.
MINNEAPOLiS. MN 55432
PflOns: 784-4648
INVOIC�
� -
ro cicy of Fridley �� 5��
6431 University Ave. N.E. p�� Oct. 13. 1988
Fridley, MN 55432 _ To��
01Ai ORDER NO. YOUR ORDER NO. SALESPERSON TERMS �� �
2080-X Bob Aldric Net
�=t'�MIPTION
Trenched in & roto-hacmnered into 2 concrete junction boxes a
_3 �� PVC nip?�� 18p' run d�e to gige�l
on University Ave.
�u�QU�s.and. etc fram 2 othe.�manholes in e der t� locare 1
pull wires in.. Material
--- --L fl r.o.-
Total
Dug._o��sand, rock & debri� i�inground__cnncrpr��ur�crion b��
� & pipes at intersection of Univ. & 53rd St.
i ahnr
Total
Un�yersit�o��*h ct�ip ef 694. Eound pi�P h1��ka.�p t+�ri re-d
out manholes & attempt to free wires.
iahnr
Total
Amount Due
Msm � F2�0 GrsYare. P.O. Box 2944. ►WMad. CT 061 W-291�
c yy��i�r Cirqq,l'iC. 1982 ,
�. ORIGINAL ' .. �
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12B
PPD. OR COLL.
u�au�r : K,
1,115 20
504 00
294 00
1,913 20
.�
ROYAL ELECTRIC CO. INC.
7401 Central Av. N.E , Mpls., MN 55432
Bob Aldrich
Fire Chief
City of Fridley
6431 University Ave. N.E.
Fridley, MN 55432
Dear Bob:
RESIDENTIAL
INDUSTRIAL
COMMERCIAL
October 18, 1988
The MN DOT has determined that the conduit running under the east bound approach
ramp at 694 & University is not reusable for installation of OPTICOM wires.
We have an estimate of $362.00 for boring through the ramp grade. Our charges
for installing the conduit and terminating it into the existing underground
junction boxes will be approximately $450.00 for a grand total of $812.00.
We will proceed with this phase of the work upon receiving your approval.
Sincerely,
. . , �`
, � �� ��
�� � L i�� `" �ru_ : : _ L- � ,� �
Mike Gann'ucci
12C
TO:
FROM:
SUBJECT:
DATE:
0
CITY OF FRIDLEY
M E M O R A N D II M
• �' �{ .
1�
BILL BQRNB, CITY MANAGER /�
RICHARD D. PRIBYL, FINANCE DIRECTOR
13
ISSIIANCE OF A CHARITABLE GAMBLING LICENSE
TO MINNESOTA THERAPEOTIC CAMP INC.
October 27, 1988
Attached you will find an application we received from Larry
Hennig, who is named as the gambling manager for the Therapeutic
Camp Inc. They have filed the appropriate application with the
State Charitable Gambling Board and if they meet the criteria as
stipulated in the statutes they will be permitted to operate a pull
tab operation at Holiday-Plus. Counc�l should be aware that with
each license of this type the statutes allow them to approve the
license by allowing 60 days to pass with no action or to pass a
resolution disapproving the license within a 60-day period.
The council should
gambling license
establishment other
beverages.
be aware that this is the first charitable
applied for that puts pull-tabs in an
than one which serves food and intoxicating
Mr. Hennig has requested that the 60-day period be waived, it would
be our recommendation that unless some hardship exists, the waiting
period not be waived.
If council has any action they would request be taken please
contact me as soon as possible.
13A
�
_
�
�Yes � No 27. Has the S 10,000 fidelity bond required by Minnesota Statutes 349.20 been obtained?
2$. insurance Company Name lnot agency namel . 29. Bond Number .-
30. Lessor Name
33. Gambling Manager Name
31. Address
34. Address
32. City, State,Zip
35. City, State, Zip
36. Gamblirn,� Manager Business Phone `37. Date gambli�g manager became
( � _ I member of organization: Month Year �_
� Yes -No 38. Has the license termination form been completed? Attach copy.
- Yes `No 39. Has the compensation schedule been approved by the organization? Attach copy.
40. List the day and time of the regular meeting of the organization. Day Time
41. Bank Name 42. Bank Address 43. Bank Account Number
GAMBLING SITE AUTHORIZATION
By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site at any
time gambling is being conducted to observe the gambling and to enforce the law for any unauthorized game or practice.
BANK RECORDS AUTHORI2ATION
By my signature below, the Board is hereby authorized to inspect the bank records of the gambling bank account whenever
necessary to fulfill requirements of current gambling rules and law.
I hereby declare that: OATH
1. I have read this application and all information submitted to the Board;
2. All information submitted is true, accurate and complete;
3. All other required information has been fully disclosed;
4. I am the chief executive officer of the organization;
5. I assume full responsibility for the fair and lawful operation of a�l activities to be conducted;
6. I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the 8oard and agree, if
licensed, to abide by those laws and rules, including amendments thereto;
7. Membershi list of the or anization will be available within seven da s after it is re uested b the board.
44. Official, Legal Name of Organization , 45. Signature (must be signed by Chief Executive Officerl
� ' : . , _ , ' x . ,
Title of Signer -
Oate
ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY
I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that
this application will be reviewed by the Charitable Gambling Control Board and if approved by the board, will become effective
60 days from the date of receipt (noted below) unless a resolution of the local governing body is passed which specifically
disallows such activity and a copy of that reso�ution is received by the Charitable Gambling Control Board within 60 days of the
below noted date.
46. Name of City or County (Local Governing Bodyl If site is located within a township, item 47 must be completed, in
addition to the county signature. If township is not organized,
' county must sign.
S�gnature of person receiving application 47. Name of Township
X
Title
Date received 160 day period I Signature of person receiving application
begins from this datel
48. Name of person delivering application to Local
C.G 0001-03 18i881
X
Title
White Copy-Board Canary-Applicant
Page 2 of 2
Pink-Local Governing Body
�i l
� FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES
�
NOVEMBER 7, 1988
EXCAVATING
B & B Excavating .
13727 UnderClift DARREL CLARK
Andover, P+IId 55304 By: Steve Boie Criief Bldg Ofcl.
Klamm Mechanical Contractors, Inc.
12409 County Road 11
Burnsville, NII�i 55337 By: Edward Klamm
GAS SERVICES
Domestic Mechanical
6667 West Old Shakopee Rd
Bloomington, l�T 55438 By: Lonnie Bellin
Klamm Mechanical Contractors Inc.
12409 County Road il
Burnsville, NIIJ 55337 By: Edward Klamm
Thermex Corporation
4850 Park Glen Road
Minneapolis, MN 55416 By: Curt Brekke
GENERAL CONTRACTOR
Beitler Building Systems
2751 Mississippi St NW
New Brighton, I�i 55112 By: Joseph Beitler
Day's Construction & Remodeling
3242 Sandeen Road
Arden Hills, MN 55112 By: Jim Day
Gilbertson Construction
7704 Riverdale Drive
Brooklyn Park, NIId 55444 By: Steve Gilbertson
J-Sons Inc of North Dakota
1100 Industrial Drive
Bismarck, ND 58501 By: Rodney Jacobson
Merchant's Maintenance
12020 Radisson Road NE
Blaine, NIId 55434 By: Bruce Bogie
Morcon Construction Inc.
7711 Country Club Drive
Golden Valley, IrIIJ 55427 By: Jerry Jullie
Netko Brothers Roofing
3446 Russell Avenue North
Minneapolis, MN 55412 By: Dan Netko
�'�
Same
WILLIAM SANDIN
Plbg.-Htg. Insp.
Same
Same
DARREL CLARK
Chief Bldg. Ofcl.
Same
Same
Same
Same
Same
Same
15
North Star Services
688 Hague Avenue
St. Paul, l�i 55104 By: Elliot Stolen
Olson Concrete Company
5010 Hillsboro Avenue North
New Hope, I�J 55428 By: Jack Jarrard
R. J. Peterson & Sons Const.
4005 - 5th Street N.E.
Columbia Hgts., I�T 55421 By: Bryan Peterson
R & M Associates
• 3482 Auger Avenue
White Bear Lake, MN 55110 By: Ray Palme
HEATING
Albers Sheetmetal & Vent. Inc.
200 West Plate Blvd
St. Paul, MN 55107 By: George Albers
Domestic Mechanical
6667 West Old Shakopee Rd
Bloomington, NIId 55438 By: Lonnie Bellin
Erickson Heating & Air Cond.
8823 Zealand Avenue North
Brooklyn Park, 1�IIJ 55445 By: Ron Erickson
Klamm Mechanical Contractors Inc.
12409 County Road 11
Burnsville, MN 5533? By: Edward Klamm
Thermex Corporation
4850 Park GLen Road
Minneapolis, IrIIJ 55416
MASONRY
ABC Concrete, Inc.
4531 - 185th Lane NW
Anoka, MN 55303
By: Curt Brekke
By: Dean Bartlow
Acme Concrete & Underpinning
3612 - lOth Avenue South
Minneapolis, l�T 55407 By: Clinton Engstrom
PLUMBING
Klamm Mechanical Contractors Inc.
12409 County Road 11
Burnsville, NIId 55337 By: Edward Klamm Jr
Same
Same
Same
Same
,
,
WILLIAM SANDIN
Plbg. -Htg. Ir�sp.
Same
Same
�_same
Same
DARREL CLARK
Chief Bldg. Ofcl.
Same
STATE OF MINN
15A
1
15B
Lee Stull Plumbing
15532 Nowthen Boulevard
Ramsey, I�1 55305 By: Lee Stull Same
i �r 15C
� FOR CONCURRENCE BY THE CITY COUNCIL -- LI C E N S E S
FJovember 7, 1988 RESIDENTIAL RENTAL PROPERTY
0
• �' � -_ �:� �. � ►. 1►� �r- �' �. ��/?� ��
. �-
• .
Stanley R. Meinen
3223 !�I. Owasso 61 vd .
S*. Paul , h��� 55126
Leonard E. Dailey
3621 58th Street "Jorth
ScottsdaTe, AZ 35251
Craiq/�1ary Williams
2571 - 135th Lane
Andover, MPI 553�14
John Hofheins
4445 iJ. 77th St., #105
;1p15 , '�I"J 55435
William/Karen Doyle
6551 Oakley Drive
Fridley, MN 55432
Arthur 8. �uiggle II
1906 Stinson Pkwy.
"�Ipl s , Mi�l 55418
John �.�lard
1�18 Pioneer Bldg.
St. Paul , r1N 55101
Same o���ner as above
Jeffrey D. Harris
5164 Star Lane ^IE
Fri dl ey, 'NfJ 55432
J and B Properties
c/o :�Ji l l i am J. Frauly
169 Crown Road "JE
Fri dl ey, "�N 55421
Gary Muske
2321 Stinson Pkwy.
"�pl s , M�V 55418
Kenneth R. Hafner
1�239 Raven St. NW
Coon Raeids, MN 55433
7349-51 Ab]e Street
8191 Fast River Road
1601 N. Innsbruck Drive,
#166
1601 ��. Innsbruck Drive,
#172, 253, 319, 323
1601 iJ. Innsbruck Drive,
#130
101 Pilot Avenue
5E50 Polk Street
5E60 Polk Street
616�-64 Star Lane
5339 4th Street
58��-52 4th Street
5612-14 6th Street
2 $24.00
5 36.00
1 18.00
4 54.00
1 12.00
i ls.00
16 85.5�?
16 85.50
1 18.00
2 24.��
2 24.00
2 24.�0
FOR CONCURRENCE BY THE CITY COUNCIL " ESTIMATES
November 7, 1988
Smith, Juster, Feikema, Malmon & Haskvitz
Suite 301
6401 University Ave., N.E.
Fridley, 1�T 55432
For Services Rendered as City Prosecutor
For the Month of July, 1988. . . . . . . . . . $ 7,530.00
Herrick & Newman, P.A.
6401 University Ave., N.E.
Fridley, I�i 55432
For Services Rendered as City Attorney
For the Month of October, 1988 . . . . . . . . $ 4,457.48
Eugene A. Hickok & Associates
545 Indian Mound
Wayzata, MN 55391
Moore Lake Phase II Project No. 149
Partial Estimate . . . . . . . . . . . . . . . $ 1,727.22 �'� �' �
C.S. McCrossan, Inc.
P.O. Box 1240
Maple Grove, MN 55369
Street Improvement Project No. ST. 1988 - 1& 2
Estimate No. 7 . . . . . . . . . . . . . . . . $112,603.06 ��3U �
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