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06/19/1989 - 5389�� • FRIDLEY CITY COIINCIL MEETING . ATTENDENCE SHEET MONDAY „�,j (,(NE (� , 1989 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER a � �� . ��.. : � 39'�� .� ��.�.� '� �. `7 � � �- T ��r� ��-�.. itJ' �E � _�� ,�°��-- FRIDLEY CITY COUNCIL F�p�� JIINE 19, 1989 - 7:30 P.M. PLEDGE OF ALLEGIANCE: Presentations: Certificate of Achievement for Excellence in Financial Reportinq Award of Financial Reporting Achievement APPROVAL OF MINIITES: Council Meeting, June 5, 1989 ADOPTION OF AGENDA: OPEN FORIIM, VISiTORB: (Consideration of items not on agenda - 15 minutes) PIIBLIC HEARING: Consideration of a final plat, P.S. #89-01, Sullivan's Overlook, being a replat of property generally located at 1161 Regis Lane N.E., by Dan Sullivan .... 1- 1 G FRIDLEY CITY COIINCIL MEETING, JIINE 19, 1989 OLD BIIBIN8S8: Consideration of second reading of an ordinance approvinq a vacation request, SAV #89-02, to vacate the 30 foot drainage and utility easement located on Lots 1, 2, 28 and 29, Block 2, Commerce Park, the same being 250 Osborne Road N.E., by Jerome Farrell . . . . . . . . . . . . . �� .� � NEW BIISINE88: PAGB 2 � � . . . 2 - 2 A . Receive the minutes of the Planninq Commission . meeting of June 7, 1989 . . . . . . . . . . . . . 3 -.3 W A. Consideration of a Lot Split, L.S. #89-03, by Mar-Len Development Corporation: To split off the easterly 230 feet of Lot 1, Block 1, Mar-Len Addition to create two separate lots. Generally located at 81st Avenue N.E. and Hickory,$t��, N.E. and �` Consideration of a res lot split, L.S. # 9-03 Development Corpor _� — oluti approving a b Mar-Len ............... 3-3D, & 3M-3W Consideration of a special use permit, SP #89-09, to allow commercial retail, with a motor fuel station/car wash, on Tract�A, Registered Land Survey No. 78, the same being 7295 University Avenue N.E., by Phillips 66 Company . . . . . . . . . . / s� � / �1 n/� n � � . . . 4 - 4 T FRIDLEY CITY COONCIL �iE$TINQ, JIINE 19, 1989 PAGE 3 �TEW BIISINESS (CONTINIIED)s � Establish a public hearing for the sale � of excess property at 1220 - 52nd Avenue N.E. for �uly 10, 1989 . . . . . . . . . . . . .' 5 - 5 E < r� . ,J b �v� � Establish a public hearing for a vacation request, SAV #89-03, to vacate a six foot , � and the east one foot of a drainage and utility easement in certain tracts of RLS No. 94 and in the Gena Rae Addition for July 10, 1989 . . . . . . . . . . . . . . . . . . 6 - 6 C �/ �k � LI �� Consideration of a request by Frances Anderson to reconsider Council action on October 15, 1979 . . . . . . . . . . . . . . . 7 - 7 F ,� � � / Consideration of First Reading of an Ordinance providing for transfer of Title of the Fridley Plaza Parking Ramp Land � - and • Consideration of agreement for construction, maintenance, and use of Fridley Plaza Ramp ... 8- 8 I � � r � � V' . FRIDLEY CITY COIINCIL 1LEETING, JONE 19, 1989 PAGE 4 NEW BOSINE88 (CONTINIIED)t Consideration of Change Order No. 9 for � Fridley Municipal Center Improvement �� _ Project No. 189 . . . . . . . . . . . . . . . . . 9 9 C � � / • - i � I p . • � r�v � � \ l..I � � i�� • • Consideration of Change Order No. 1 �� for Street Improvement Project No. St. 1989 - 1 & 2 . . . . . . . . . . . . . . . . . 10 - 10 B � � � � Consideration of Advertisement for Bids � for the Exterior Repair of The 3 Million Gallon Water Reservoir . . . . . . . . . . . . 11 � / � Consideration of Advertisement for Bids � for the Repair of the 1.5 Million Gallon �. Water Reservoir . . . . . . . . . . . . . . . . 12 � � � . . � . � � FRIDLEY CITY COIINCIL l�tEETING� JIINB 19, 1989 IE �TEW BIISINESS (CONT NIIED)S Consideration to Reject Landscaping and � � Signage Bids for the Fridley Municipal �' � Center and to Revise Specifications and Rebid Work . . . . . . . . . . . . . . . . . . . . 13 ' � �v.�,,' b �G � �B �� ,`' � '"`" -- U Consideration of Petition No. 8- 1989 from Delta Environmental Consultants, Inc. Requesting Installation of a Monitoring Well on City of Fridley Property. ..... � U � d PAGE 5 � � . . . 14 - 14 E Receive the Minutes of the CATV Advisory Commission Meeting of April 20, 1989. ...... 15 - 15 C � / ' �U Receiving the Bids and Awarding the contract for the West Fridley Satellite Fire Station . . . . . . . . . . . . . . �� G� � � �� !° . . . 16 - 16 C Cdnsideration of a Resolution Authorizing the.T'ransfer of Funds to the Fire Station � Construction Fund for the Construction of,Satellite Fire Station Number Three ..... 17 - 17 A n � � � � � FRZDLEY CITY COtJNCIL MEETING, JUNE 19� i989 �TEW BIISINE88 LCONTINIIED)s Consideration of a Resolution Amendment to the Fridley Volunteer Fireiiqhters Relief Association By-laws . . . . . . . . � � � Consideration of a Resolution Authorizing the Loan of Monies to the Fridley Historical Society . . . . . . . . . . � . . . . . . . . . �� Consideration of a Resolution Congratulating the City of Fourmies, France on the observance of Bicentennial events . . . . . . . . . . . . . . . . . � ; �� - �U ;l/� C�'- � . 18 - 18 B �, � . . 19 - 19 B �J � . . . 20 - 20 A Consideration of a Resolution Designating Polling Places and Appointing Election Judges foY the July 18, 989 Special Election ... . � T / � � . . 21 - 21 C PAGE 6 FRIDLEY CITY COIINCIL 1dBETING, JIINE 19� 1989 PAGE 7 NEW BIISINESS (CONTINIIED)s Claims . . . . . . . . . . . . . . . . . . . . . 22 i- i � Licenses . . . . . . . . . . . . . . . . . . . . 23 ,J �° � Estimates . . . . . . . . . . . . . . . . . . . 24 - 24 E � In � �V' Adjourn: _ .� 0 Certif icate of Achievement f or Excellence in Financial Aeporting Presented to City of Fridley, Minnesota For its Comprehensive Annual Financial Report for the Fiscal Year Ended December 31, 1987 A Certificate of Achieu�ement for Excellence in Financial Repozting is ptesenter� by the Go�+�emrr�nt Finance Officers Association of d�e United States and Canada to gou�ernrr�ent units and public employ�ee �t systems whose oornpr�hensiv�e annual finandal reports (CAFRs) achieae the hi�est standards in gov�emment axounting and financ.ial reportin3 � • , � /// , . . � .,. C .^ c�C �U v v Q � U � C � U � � .� � � � a� � � � � � u .� #� Y c� "c'�� V �. tsi � a� � c� � cn � u � ..� � � � w 0 � :� � � � H z w � � x � V � a O a � � V � � � v � w a �c p � V C � �� 0 w z H � � w J a � k � 0 � � U � _ �� .�� y Y � �� .� � �� Y � ~�� .� E � � •� �:�e� � :� '� � .� ��. _..`� � Ev.��°_ Zs � �� . ��:� � � .� Y G � Q � � �f ��=u"�� .` ., � \ � ., , .. � o� 00 o� . v N a � a w � Ci �'88 1dINOT$8 OF TH$ RBGIILPiR !IE$TINa OF TH$ FRIDLEY CITY COIINCZL OF JIINE 5. 1989 The Regular t+Ieetinq of the Fridley City Council was called to order at 7:46 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ' ROLL C�ALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorqenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. MAY 15. 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested the followinq item be added to the agenda as 18A, "Receiving Bids and Awardinq Contract for Appliances for the Municipal Center". MOTION by Councilman Fitzpatrick to adopt the aqenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: CHRIS ZELEVAROV, 6477 RIVERVIEW TERRACE - DELIN4UENT WATER BILL: Mr. Chris Zelevarov, 6477 Riverview Terrace, addressed the Council regarding a delinquent water bill placed on the tax rolls. He stated he was the o�ner of rental property at 160 Mississippi Place and the tenant did not pay the t�ater bill for a year and it was added to his property taxes. Mr. Zelevarov stated the City never tried to collect this bill from those tenants and is now tryinq to collect the bill from him. Mr. Zelevarov stated he was never informed that the tenants did not pay their water bill. Councilman Schneider stated the City does not have sufficient staff to trace down owners of all rental properties reqarding the ��3DL$Y CITY COUNCIL 1+I8$TIpQ OF JIINE 5. 1989 PAdE 2 tenants' payment of their water bills. He stated the City's recourse is to certify delinquent water bills to the County to be placed on the tax rolls. Mayor Nee asked who applied for the water meter. Mr. Zelevarov stated it was the persons who rented the apartment. Mr. Pribyl, Finance Director, stated it appears when the water meter was requested that the plumbing contractor actually applied for the permit. He stated Mr. Zelevarov was told by the Utility Billing Clerk and possibly the Building Inspector that he may have a potential problem in the future if a renter would leave without paying his bill. He stated the tenant did not request the water meter. Mayor Nee stated it is the City's policy to certify delinquent water bills to the County which are then placed on the tax rolls to be collected with the property taxes. He stated it is a common practice for many cities to follow this procedure and it has been done in Fridley since the City was incorporated. Mr. Zelevarov stated the City did not attempt to collect the bill for one year and after the tenants moved, he was informed about the bill. He felt the City should have informed him that this bill was delinquent so he could have deducted it from the damage deposit. Councilman Schneider stated it is not reasonable to have City staff review every water bill and track down the owner and tenant for delinquent bills. He stated the City's policy has been to place these delinquent bills on the property tax roll for collection. Councilman Billinqs stated he would suqqest Mr. Zelevarov have the water bills placed in his name and pass this cost on to the tenant. He stated this way he would know they are being paid. Mr. Pribyl stated Mr. Zelevarov was contacted prior to certification of the delinquent water bill to the County. Mr. Zelevarov stated when the tenants moved out, he was contacted. He felt the City should follow the same policy as the gas and electric companies. He stated he was advised by these utilities that the tenants were not paying their bills. He stated he found out from the City 15 months later that his tenants did not pay their water bill. Councilman Billings stated the City's policy is not to shut off water when the bill is not paid, but assign it to the tax rolls. He stated the City does not want to create unsanitary conditions by ehutting off the water. Mr. Zelevarov stated he is not payinq for the City's mistake. FRIDL$Y CITY COUNCIL iSE$TING OF JIINS 5. 1989 PAGB 3 He felt the City should have a system to notify property owners when their tenants do not pay the water bill. Councilman Schneider stated he is sorry Mr. Zelevarov does not aqree with the City's policy. Mayor Nee stated if the City's policy was to shut off the water, the occupancy permit would be lost and no one could live in the dwelling unit. Mayor Nee stated the Council could discuss the feasibility and need for staff to notify property owners when tenants are not paying their water bills. He stated Mr. Zelevarov would be notified when the Council discusses this item. PUBLIC HEARINGS: l. PUBLIC HEARING FOR AN ON-SALE LIOUOR LICENSE FOR JOE DIMAGGIO'S RESTAURANT LOCATED AT 1298 EAST MOORE LAKE DRIVE: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:11 p.m. Mr. Pribyl, Finance Director, stated the City was contacted by George Vespa, who is working with Joe DiMaggio, in regard to opening a restaurant in the Moore Lake Commons Shopping Center. He stated the Council has received infonaation on the plans for this restaurant. Mr. Joe DiMaggio and his wife, Barb, and restaurant consultant, Larry Salley, were present to address any questions from the Council. Mr. DiMaggio stated the restaurant they propose to construct would be managed by his business partner, George Vespa, and himself. He stated they have a similar establishment in Erskine, Minnesota and the restaurant is listed in the Minnesota Business Tourist Guide. He stated the reason is the unique decor which is centered around the Yankees, New York City, hand-painted baseball murals and famous headlines. Mr. DiMaggio stated they serve pizza from a recipe handed down through his family. He stated their menu would also include hamburgers, hot dogs, and Italian specialty items. He stated the business would cater to families and sports fans in the area. He stated they would like to become a part of the community and take an active role in the qrowth of Fridley. FRIDLBY CITY COONCIL lIEETINQ OF JIINE 5. 1989 PAQ$ 4 Councilman Schneider asked the size of the restaurant. Mr. DiMagqio stated it is 5, 600 square feet with seating for 240 to 260 persons. Mayor Nee asked Mr. DiMaggio if he had an arranqement with the owners of the shopping center. Mr. DiMaggio replied in the affirmative and stated they would be located in the new development now takinq place. Mr. Ed Kaspszak, 1317 Hillcrest Drive, stated this sounds like a good business, but his one concern is the traffic. He felt persons patronizing this establishment would use Old Central, rather than Highway 65. He stated if persons leave all at one time, there will be some problems and accidents. Councilman Schneider stated the Council is aware of the traffic issue and attempting to address this with the redesign of East Moore Lake Drive. He stated any business that locates in the area would generate traffic. Mr. Kaspszak stated 240 people leaving the establishment at one time does concern him. Councilwoman Jorgenson stated the exits have been designed to direct traffic onto Highway 65, rather than Old central. She also stated internal signage has been discussed with the shopping center owners. Mr. Kaspszak stated all he wanted was to call the Council's attention to this issue. No other persons spoke regarding this application for an on-sale liquor license. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:20 p.m. 2. PUBLIC HEARING OF A FINAL PLAT, P.S. #87-05. TARGET NORTHERN �ISTRIBUTION CENTER ADDITION, TO CREATE TWO LOTS BY REPLATTING OUTLOT 1 BLOCK 1 FRIDLEY INDUSTRIAL PARK PLAT 1, AND THE ADJACENT 54 ACRES, BY TARGET STORES, INC.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:22 p.m. Ms. Dacy, Planning Coordinator, stated Target proposes to plat its 76 acre property into two parcels. She stated the property is FRIDLBY CITY CO�NCIL MB$TING OF JIINE 5. 1989 PAG$ 5 located on the southwest corner of 73rd Avenue and Highway 65. Ms. Dacy reviewed the existing zoning adjacent to his parcel. Ms. Dacy stated when this plat was submitted to the Planning Commission, a 120 foot separation between the two buildinqs would have to be provided to meet building code requirements. She stated if a common wall is provided, no side yard is required between the two buildings. She stated Target's plan is to attach the expansion to the existing building to meet the code requirement. Ms. Dacy stated the plat application has been amended to reflect this change. Ms. Dacy stated the Council received a site plan showing the building expansion. She stated it is slightly different than the plan submitted in 1987, as the preserved wet lands is in the center of the property, and Target is working with the Army Corps of Engineers and the Rice Creek Watershed District to obtain their approvals. Ms. Dacy stated there has been no significant increase in surface area and no need to re-analyze the Environmental Assessment Worksheet. Ms. Dacy stated a neighborhood meeting was held on April 25. She stated the primary concerns were the improvements along 73rd Avenue and whether the frontage road abutting the Melody Manor area would be affected. She stated there will be an expansion of the pavement along the south side adjacent to the Target property, however, the improvement project will not alter the current width of the frontage road. She stated there was also concern about the line of sight from Jackson Street. Ms. Dacy stated Target is in the process of submittinq a landscaping plan to screen this entrance with evergreens. She stated the primary access to the site will be from the service road along Highway 65. Ms. Dacy stated the Planning Commission recommended approval of the preliminary plat subject to stipulations which she outlined. No persons in the audience spoke regarding this plat. 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 8:29 p.m. 3. PUBLIC HEARING ON VACATION REQUEST. SAV #89-02. TO VACATE THE 30 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1. 2. �Q nun �a RT11f'K 2_ [�n�RCF. PARK_ THE SAME BEING 250 OSBORNE ROAD N.E., BY JEROME FARRELL: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared �RIDL$Y CITY COIINCIL 1�8ETING OF JIINS 5. 1989 PAGB 6 the motion carried unanimously and the public hearing opened at 8:30 p.m. Ms. Dacy stated the petitioner wishes to vacate a 30 foot drainage and utility easement along the common lot line of Lots 1, 2, 28 and 29, Block 2, Commerce Park Addition. She stated there are no existing utilities within this easement. Ms. Dacy stated the Planninq Commission recommended approval subje�t to approval of the rezoning and variance requests. Councilman Billinqs asked if the Council would be restricting an outlet for any future development by vacating this easement. Ms. Dacy stated they would not. No persons in the audience spoke regarding this vacation request. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: 4. rONSIDERATION OF SPECIAL USE PERMIT SP #89-06, TO OPERATE A DAYCARE CENTER FOR 35 CHILDREN IN ROOMS 102 104 AND 106 OF �HE ISLAMIC CENTER, ON LOTS 1, 2, 3. 4. 5. 6, 17 AND 33. MELOLAND GARDENS THE SAME BEING 1401 GARDENA AVENUE N.E., BY THE ISLAMIC CENTER OF MINNESOTA: Ms. Dacy, Planninq Coordinator, stated this item was tabled by the Council at the last meeting to have the neighboring residents, Mr. and Mrs. Foco, meet with the Islamic Center representatives regarding a screening plan. She stated the two parties did meet on May 18 and have spoken to each other on the phone since that meeting. Ms. Dacy stated the Islamic Center agreed to construct a six foot wood fence alonq the east and north lot lines and install vegetation on their side of the fencing over the next three planting season. She stated the Foco's indicated they would be willing to remove the existing chain-link fence. She stated it was agreed to have a wood screen on the loading dock area. Ms. Dacy stated the Foco's prefer construction of an eight foot fence in certain areas along the property line. She stated the Zoning Ordinance stipulates a maximum fence height of four feet in the front yard area and, in other areas, a maximum height of seven feet for single family residential districts. Ms. Dacy stated anather issue is the parking. She stated the Islamic Center has submitted a new proposal for parking. She stated there are currently 34 parking spaces on this site. Ms. Dacy stated when this item was before the Planning Commission, FRIDI.$Y CITY COIINCIL lIEBTINd OF JONB 5. 1989 pAQ$ 7 staff recommended re-orientation of the site which meant removal of the existing sidewalk. She stated the Islamic Center does not want to remove the sidewalk and felt this plan maintains a parking area along the Foco's north lot line rather than drivinq activity. Ms. Dacy stated the alternate plan proposed by the Islamic Center would involve restriping of the existing parking lot and extend the parking another 65 feet to the north. She stated the advantage of this plan is that it does maintain a parking area along the Foco's north•lot line instead of drivinq activity. She stated it also provides two-way movement of vehicles and a drop off/pick-up area. Ms. Dacy stated, however, it does increase the size of the parking lot, but from a traffic management point, it is a better arrangement. Councilman Schneider asked if staff reviewed the drainage relative to the increase in the size of the parking lot. Ms. Dacy stated if they wished additional expansion of the parking, the City would require an on-site detention pond. She stated a pre-permit application should be submitted to the Rice Creek Watershed District and if there is additional runoff, they will need a permit from them. She stated the City would want a grading and drainage plan submitted. Councilman Schneider asked the existing setback from the Foco's property. Ms. Dacy stated it was three feet. She stated if there was any new construction, a five foot setback would be required. Ms. Dacy stated the stipulations recommended, if this special use permit is approved, are changed from the last meeting as stipulations 8, 9 and 10 were added pertaining to maintenance of the grass, a grading and drainage plan, and installation of the fence and landscaping. Councilman Schneider stated he has been in contact with the Foco's and, apparently, there is some disagreement with the height of the fence. He stated it makes sense to provide the six foot fence, except he felt an eight foot fence should be installed beginninq at the rear of the Foco's qarage and extending back 40 feet. Mr. Kader, representative of the Islamic Center, stated they had discussion with the Foco's about the fence. He felt, however, they were more concerned about their window and wanted to make sure anyone on the dock would not be able to see in their home. He stated the dock is used only occasionally. Mr. Kader felt it would not look good if part of the fence was six feet and part was eight feet. He stated another problem is an eight foot fence would require a special order and be more expensive to construct. He stated they would work on the veqetation which would help. FRIDI,$Y CITY COQ1dCIL l�EBTINQ OF JQNE 5. 1989 PAG$ 8 Councilman Schneider stated he felt strongly about providing the extra height in the fencinq. Mr. Kader stated he felt the privacy is important, but did not believe an eight foot fence would provide any more privacy than a six foot fence. He pointed out that the ordinance allows only for a height of seven feet. Councilman Schneider stated the ordinance also requires a five foot setback, rather than three feet. He felt this was a unique situation and wanted to try to resolve this issue to everyone's satisfaction. Mr. Foco, 1345 Gardena Avenue, stated his primary concern is in the back of the property. He stated his wife was concerned about the window which has a straight line of site to the loading dock. He stated he would like to believe they can restrict the traffic throuqh those doors, but does not know how it is really possible. Councilman Schneider asked if a six foot fence was installed and a portion was eight feet high, if this would be acceptable. Mr. Foco replied in the affirmative. Mrs. Foco, 1345 Gardena Avenue, stated she would like to see the fence installed before this item is approved. She stated as far as the loadinq dock, when no persons are there from the Islamic Center, there are persons up on it. She stated they wanted an eight foot fence alonq the two sides. Mayor Nee stated the Islamic Center would have to comply with any stipulations placed on this special use permit. Councilman Schneider stated he is concerned about a larger parking area. He stated the lot is striped now for 34 cars and the new proposal would provide space for 42 cars. He stated because of the size of the parkinq stall, even more cars could be parked than for what it is striped. Ms. Dacy stated if this occurred, they would be blocking the aisles. She stated the intent is to provide for better traffic movement. Mr. Ed Kaspszak, 1317 Hillcrest Drive, stated he personally counted the parking spaces and there were not 34 spaces. He felt more cars would be parked on the property in the winter and if the Council thought only 40 cars would be parked there, that is being naive. He stated if the parking lot is expanded, there will be a problem with the runoff. He stated there is already a drainage swale 25 yards to the northeast. He felt with the amount of property available, he was sure a plan could be desiqned that would satisfy the residents and drain the site properly. FRIDLBY CITY COIINCIL !L8$TING OF JIINE 5. 1989 PAGB 9 Ms. Dacy stated one of the stipulations was for a grading and drainaqe plan to be submitted and approved prior to construction of the parkinq lot. Councilman Schneider asked which parking plan was discussed with the Foco � s. Mrs . Foco stated they only discussed the fence and not the parking. Ms. Dacy stated this parking proposal was submitted by staff and it does have its deficiencies. She stated the other option is to provide angle parking and shorten the distance between the aisles. She stated another alternative is to provide parkinq further west. She stated they are tryinq to concentrate the parking in one area and not impact any more neiqhbors. Councilman Schneider stated if the parkinq plan reviewed by the Planning Commission was approved, there is a very minimal addition to the parking lot. He stated it also keeps the cars further from the Foco's home. Mr. Kader felt the other proposal would be better for all concerned. Mr. Kaspszak felt the matter should be resolved once and for all so the residents did not have to keep coming back on this issue. Councilman Schneider stated he shared Mr. Kaspszak's concern and in speaking to the City Manager, it is felt there should be a long- range plan. He stated, at this point, he is attempting to resolve some of the issues so that the daycare center can exist, as well as minimize the Islamic Center's investment on items that may change, and meet the Foco's requirements. Councilman Schneider stated between the two parking proposals, one would add 7,200 square feet of paving and another would add 720 square feet of paving. He stated he did not know how 7,200 square feet of paving would affect the area. Ms. Dacy stated another alternative would be to reduce the parking area to 35 spaces and only add a 45 foot parking addition rather than 65 feet. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #89- 06, with the following stipulations: 1. All drop-off and pick-up of children shall occur on the premises. 2. The daycare hours of operation shall be Monday throuqh Friday, 7:00 a.m. to 6:00 p.m. �RIDLEY CITY COIINCIL 1�8BTINQ OF JONE S, 1989 PAQB 10 3. The building shall meet the requirements of the State Daycare Regulations, the Uniform Buildinq Code and the Uniform Fire Code, including the following: a. an enclosed outdoor play area adjacent to the facility, but located at the rear of the building; b. outside exits from the daycare rooms; c. fire alarms in each daycare room and in the hallway outside the daycare rooms. 4. The Islamic Center shall modify the parking lot as illustrated on the modified site plan prepared by staff and shown on Page 4H of this agenda as Plan A. 5. The petitioners shall complete stipulations 1, 2, 5 and 7 from SP #88-17: a. a masonry dumpster enclosure with wooden qates shall be installed by August 1, 1989; b. the property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall be exempted); c. all existing hard-surface areas shall be improved with seal-coating, curb and qutter and striping by August 1, 1989; d. the property owner shall take care of the weed problem by August l, 1989. 6. The dumpster and enclosure shall be located at the northwest corner of the building. 7. The grass between the existing driveway and the fence shall be maintained in a neat appearance. 8. The property owner shall maintain grass on a regular basis in compliance with the height maximum established in the weed ordinance. 9. The property owner shall install an eight foot fence along the east of the Foco's property from the rear of the Foco's garage to 40 feet north and a six foot fence on the remaining east lot 1 ine and on the north lot 1 ine of the Foco' s property . The property owner shall work with City staff to develop a landscape plan to be implemented during the next three planting seasons. FRZDL$Y CITY COIINCIL ME$TING OF JIINE 5. 1989 PAG$ 11 10. That a variance is approved to increase the height of this fence to eight feet due to the hardship on the adjacent residential property. 11. This special use permit shall be reviewed by City staff for compliance at 6, 12, 18 and 24 months from the date the daycare center begins operation and a report submitted to the Council on those reviews. Seconded by Councilwoman Jorgenson. Mrs. Foco stated there are so many issues; the weeds, the fact that the lot is next to a private dwelling, and the drainage. She stated they are not the only ones that are unhappy. She stated something has to be done and not put a band-aid on a large wound. Councilman Schneider stated the daycare center is a fairly minimal use and felt the installation of the fencing would be of benefit to the Foco's. He stated he was concerned about increasing the size of the parking lot and that was the reason for recommendinq the smaller expansion. He stated he is recommending these reviews so if the Islamic Center is not in compliance, the special use permit could be revoked. Councilman Schneider stated in the long-range plan, it is hoped that the possibility of moving the driveway can be addressed. Mrs. Foco felt the daycare center was only a beginning of much larger plans for this site. She stated something will have to be done about this driveway as they are not the only neighbors that want a fence. She stated many people are not here because they are tired of this same situation over and over. Mr. Kaspszak asked what the increased parking entailed. Ms. Dacy stated the existing dimension is 65 feet and the increase would be an additional 11 feet to 76 feet. Mr. Kaspszak stated he is not comfortable with it and requested the Council vote against it. He stated he would like to see the entire project delayed for further study. He stated it may be proven this is a good proposal. Councilman Schneider stated everything is a compromise and there is a need for additional daycare. He stated he did not feel the 720 feet of parking would have that great of an impact. Councilman Billings asked for a clarification of stipulation 5d and 8. FRTDI.$Y CITY COIINCIL MBSTINa OF JONE 5. 1989 PAG$ 12 Ms. Dacy Btated at a reasonable other special uf weeds. stipulation 8 refers to maintenance of the qrass height. She stated stipulation 5d was part of the �e permit and addresses the specific problem of the Councilman Schneider stated, apparently, the Islamic Center does not have a commercial lawn service who routinely mows the lawn and felt the intent of stipulation 8 was to require continued maintenance. Ms. Palmer, I329 Gardena Avenue, stated she wanted to make sure the dumpster is located behind their buildinq. Ms. Dacy stated the stipulations provide that it be located in the northwest corner of the building. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Nasim Qureshi, 7514 Alden Way, stated he is not an active member of this organization, however, Mr. Kader requested he attend the meeting this evening. He stated Mr. Kader asked him about the proper traffic flow. He stated parking along the school is a bad situation due to dropping-off and picking-up children which would place them in the traffic area. He stated he would recommend the parking be away from the school building. Mr. Kader stated in regard to the dumpster, there may be problems if they have it located way to the back. He stated he does not see a problem with it being at the loadinq dock. 5. ORDINANCE NO. 923 APPROVING A REZONING, ZOA #89-01 TO REZONE THE PROPERTIES DESCRIBED AS LOTS l, 2, 28 AND 29, BLOCK 2, COMMERCE PARK, FROM C-1. LOCAL BUSINESS, TO C-2. GENERAL $USINESS THE SAME BEING 250 OSBORNE ROAD N.E.. BY JEROME FARRELL: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 923 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to review the parkinq situation at the theater on an on-goinq basis and about one year after the operation begins, submit a report regarding staff's observations relating to the size of the parking stalls. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: FRIDLEY CITY COIINCIL ME$TINa OF JIIN$ 5. 1989 PAQB 13 6. �ONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION RE UEST, SAV #89-02 TO VACATE THE 30 FO(?T DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1. 2�_ 28 AND 29. BLOCK �� CONII�'IERCE PARK THE SAME BEING 250 OSBORNE ROAD N.E. , BY �EROME FARRELL• MOTION by Councilman Billings to waive the readinq and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. rONSIDERATION OF EXTENSION OF A SPECIAL USE PERMIT TO ALLOW DARR CONSTRUCTION TO RESUME ROCK CRUSHING ACTIVITIES: MOTION by Councilman Billinqs to approve the extension of Special Use Permit, SP �82-12, to allow a rock crushing operation at 7900 Beech Street with the following stipulations: 1. Special Use Permit, SP �82-12 is extended for a period of two years. Re-evaluation of the permit is to be scheduled for the first regular meeting of the City Council in May, 1991, providing there has been one crushing operation at that time. 2. The City be allowed to dump their waste concrete material at this site in City trucks at no cost. 3. Park Construction will take the necessary steps to ensure the City and State noise, dust, and environmental limits are not exceeded. 4. The rock crusher generators and stockpiles shall be located as far north and east on the property as possible. 5. The same standards regarding runoff shall be applied to this site as applied in the Rice Creek Watershed area. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. ORDINANCE NO. 924 APPROVING A VACATION. SAV #89-01. TO VACATE � 30 FOOT ROAD EASEMENT LOCATED ALONG TIiE EAST PROPERTY LINE OF LOT 3 BLOCK 2 EAST RANCH ES�ATES SECOND ADDITION. EXCEPT THE EA5T 200 FEET THEREOF GENERALLY LOCATED SOUTHWEST OF 7810 �TNIVERSITY AVENUE N.E. BY WBDH REALTY COMPANY: MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 924 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RFCEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF �i,P,Y 17. 1989: FRIDLBY CITY COIINCIL MEETING OF JIINE 5, 1989 PAG� 14 A. CONSIDERATION OF PRELIMINARY PLAT. P.S. �89-01. SULLIVAN'S OVERLOOR. BEING A REPLAT OF PROPERTY GENERALLY LOCATED AT 1161 R�GIS LANE N.E.. BY DAN SULLIVAN: MOTION by Councilman Schneider to set the public hearing on this preliminary plat for June 19, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF SPECIAL USE PERMIT, SP #89-07, TO ALLOW A SECOND ACCESSORY BUILDING ON LOT 7. BLOCK 4. BONNY ADDITION. �HE SAME BEING 5932 6TH STREET N.E., BY PAUL HENGEL: Ms. Dacy, Planning Coordinator, stated this is a request for a special use permit to allow a second accessory building. She stated the Planning Commission recommended approval with two stipulations which she outlined. Ms. Dacy stated staff's recommendation was that the access to the accessory building join the neighbor's driveway to the south and be hard-surfaced by September 1, 1989. She stated this stipulation was amended by the Planning Commission that the access to the accessory building be placed at the zero lot line and be hard-surfaced by June 1, 1990. MOTION by Gouncilman Billings to qrant Special Use Permit, SP #89- 07, to allow a second accessory building, with the following stipulations: 1. The access to the accessory building shall be hard-surfaced and be placed at the zero lot line. The access shall be hard- surfaced by June 1, 1990. 2. The accessory building shall be architecturally compatible with the existing house. Seconded by Councilman Fitzpatrick. Councilman Billings felt he did not want to place a stipulation that the access be placed at the zero lot line or join the neighbor�s driveway and, therefore, offered the following amendment: MOTION by Councilman Billings to amend stipulations No. 1 as follows: l. The access to the accessory building shall be hard-surfaced by Jur►e 1, 1990 . Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY �ITY COIINCIL KE$TING OF JIINS 5. 1989 PAQ$ 15 UPON A VOICE VOTE TAI�N ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planninq Commission meeting of May 17, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 10. RFCFTVTN(` THF MTNiM'FS �F THF APPEALS COMMISSION MEETING OF MAY_ 9, 1989• A. CONSIDERATION OF A VARIANCE VAR #89-06 TO REDUCE THE REA�2 YARD SETBACK FROM 25 FEET TO 17 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOT 12 BLOCK 5 BROOKVIEW TERRACE THE SAM� BEING 6701 OUINCY STREET N E BY GEORGE AND LINDA COLSTROM: Ms. Dacy, Planning Coordinator, stated the petitioner is requestinq this variance to reduce the rear yard setback from 25 feet to 17 feet in order to allow the construction of a 14 by 22 foot addition. She stated the Appeals Commission reviewed this variance and failed to approve it due to lack of a second on the motion for approval. She stated a motion to deny did not pass due to a split vote (2-2). Ms. Dacy stated staff's recommendation is to deny the variance because a 14 by 14 foot addition could be built and still comply with the setback requirements. She stated a 14 by 22 foot addition would reduce the available back yard space by 50 percent. Councilman Billings stated he has gone out and looked at this property and is prepared to move for approval of the variance. MOTION by Councilman Billings to grant this Variance, VAR #89-06, to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition at 6701 Quincy Street. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF APPROVAL OF S10.Q00 ALLOCATION FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION AND PERMISSION TO SUBMIT APPLICATION: Councilwoman Jorgenson stated she has been working with Representative Alice Johnson and Lisa Campbell of the City staff towards a household hazardous waste collection in the City. She stated the date for this collection would be in September or October and the Council would need to allocate some funds in order to proceed with the qrant application. Councilwoman Jorgenson stated she believed $10,000 would cover the City's portion and she understands the Jaycees' will be making a contribution for this project. FRIDLEY CITY COIINCIL MEETING OF JIINE 5, 1989 PAGB 16 Mr. Patrick Earley stated the Board approved a$10,000 contribution to the City, however, it has to be approved by their general membership tomorrow evening. Councilman Schneider asked if tires would be included in this collection. Councilwoman Jorqenson stated there is a company in Fridley that recycles tires and staff is exploring this possibility. MOTION by Councilwoman Jorgenson to allocate $10,000 for the household hazardous waste collection project and authorize submission of the application for matching funds to the Minnesota Pollution Control Agency. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee thanked the Jaycees for their support and contribution in this project. 12. RESOLUTION NO. 47-1989 RE4UESTING THE COUNTY OF ANOKA �4 REDUCE THE SPEED LIMIT ON MISSISSIPPI STREET FROM TRUNK �IIGHWAY 47 LUNIVERSITY AVENUE) TO TRUNK HIGHWAY 65 (CENTRAL AVENUE): MOTION by Councilwoman Jorgenson to adopt Resolution No. 47-1989. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF AN AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN THE CITY OF MINNEAPOLIS AND THE CITY OF FRIDLEY• Mr. Hunt, Assistant to the City Manager, stated each year the City enters into a contract with the City of Minneapolis to participate in the Urban Corps Program. He stated as a participant, the City can employ students who have Federal Work Study Grants to work as interns. He stated the City pays between 30 to 40 percent of the salary, and the Federal Work Study money makes up the difference. He stated the Urban Corps also takes care of any taxes and insurance for the interns. Mr. Hunt stated in order to participate in this program, it is necessary for the University to contract with the City and the City, in turn, must enter into an agreement with the City of Minneapolis for participation in this program. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this agreement with the City of Minneapolis for participation in the Urban Corps Proqram. Seconded by FRIDL$Y CITY COIINCIL ME$TING OF JIINE 5. 1989 PAG$ 17 Councilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 14. RE�ATTTTTAN Nn_ dR-79R9 ATITH�RIZING MODIFICATION OF LABOR AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY THE INTERNATIONAL UNION OF OPERATING ENGINEERS. LOCAL NO. 49 (AFL- CIO) FOR 1987-1989: Mr. Hunt, Assistant to the City Manaqer, stated when the Council approved 1989 wage rates for public works maintenance personnel in the Local 49 bargaining unit, it was understood at that time that employees in the Maintenance I classification would receive a 1.5 percent increase in hourly rate plus a 2 percent lump sum payment. He stated as it turns out, this understanding was not correct. He stated although these rates apply to Maintenance II and III classifications, it appears the original intent of the negotiated agreement was to give the Maintenance I classification a straight 3.5 percent increase in the hourly rate and no lump sum. Mr. Hunt stated this would raise the base of the Maintenance I workers for next year. Councilwoman Jorgenson asked how this would affect the City's comparable worth program. Mr. Hunt stated the Maintenance I workers are still within the range. MOTION by Councilman Fitzpatrick to adopt Resolution No. 48-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CONSIDERATION OF CHANGE ORDER NO. 1 FOR WATER. SANITARY SEWER AND STORM SEWER PROJECT NO. 188: Mr. Flora, Public Works Director, stated this change order involves changes in the Northco development project. He stated there were some problems due to unanticipated ground water conditions found during the sewer line installation. Councilman Schneider asked if these charges would be added to the project. Mr. Flora replied in the affirmative. MOTION by Councilwoman Jorgenson to authorize Change Order No. 1 for Water, Sanitary Sewer and Storm Sewer Project No. 188 (Northco Drive) with Volk Sewer and Water, Inc. in the amount of $12,788.40 or a revised contract amount of $208,882.50. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVING BIDS AND AWARDING CONTRACT FOR LANDSCAPING OF FRIDLEY PLAZA PARKING RAMP: ��Tnr.RV CITY COLTNCIL KEBTINQ OF JIIN$ 5. 1989 PAa$ 18 Mr. Flora, Public Works Director, stated the bids were advertised by Tom Sackett, Project Manager for Rraus-Anderson. He stated bids were opened on June 1, and Mr. Kroos of Boarman and Associates will present the bids. Mr. Rroos stated the original allowance for plant materials and installation was $35,000. He stated the only bid received was for $46,000 which included the top soil. He stated he has contacted the companies bidding this project and they advise the increase is, basically, due to last year's drought. He stated he was advised they are paying double for plant materials. Mr. Kroos stated there were also some items added which were not intended to be part of that oriqinal $35,000 allowance. He stated this was the lawn irrigation system, which was part of the original specifications which Bossardt-Christenson could not bid at that time because there was not a landscaping plan. He stated there was the addition of a retaining wall and a change to the concrete system for interlocking paving stone. Mr. Kroos stated the total of the base bid received was $60,468 plus $1,263 for top soil and there were two alternates to the bid. He stated Alternate No. 1 was for $14,410 to replace Locust trees in the plaza area. He stated the Council may or may not wish to proceed with this item as he felt some of the trees did not need replacing. He stated Alternate No. 2 was for $2,820 to cover plant materials for the areas to the north of the building. He stated this is not as hiqh priority as the front of the building. Mr. Kroos stated the bid received was from Seefert-Heins Nursery of Woodbury, Minnesota. MOTION by Councilman Fitzpatrick to receive the bid for landscaping of the Fridley Plaza Parking Ramp from Seefert-Heins Nursery of Woodbury, Minnesota in the amount of $60,468 for the base bid plus $1,263 for top soil. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he was concerned that only one bid was received. Mr. Kroos stated he knows Mr. Sackett had four contractors interested in bidding. He stated the same was true for the signage, however, only one bid was received. He stated he did not know if the bid bond requirement may have had an effect or if contractors could not meet the schedule. Mr. Kroos stated some of the smaller nurseries may have also felt they could not handle the other items that were included in the bid package like the retaining wall and irrigation system. MOTION by Councilman Schneider to table this item to the next meeting on June 19, 1989 for a report from staff and an explanation FRIQI+$Y CITY COIINCIL M$BTING OF JIINS 5. 1989 PAGS 19 why only one bid was received and a list of those companies to whom bid specifications were mailed. Seconded by Councilman Fitzpatrick. Mr. Burns, City Manager, stated an alternative to the interlocking paving stone is to use exposed aggregate. He stated the Council would have to decide if they wish to continue the red brick in the parking lot, as exposed aggregate would be less costly. He stated the concrete contractors are about finished at the site and, therefore, a timely decision needs to be made regarding the type of material the Council wanted. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Kroos stated because of the theme through the plaza and some of the boulevards in the City, they were asked to look at the possibility of maintaining that continuity and introducing interlocking paving stone into the islands and parking lot. Iie stated, therefore, this was added into the landscapinq package. He stated they are introducing exposed aggregate into the plaza surface underneath the colonnade. MOTION by Councilman Schneider to authorize the substitution of exposed aggregate in lieu of the interlocking paving stone in the parking lot. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings asked about HRA approval. Mr. Herrick stated he felt it would be appropriate and request the HRA's concurrence. 17. RECEIVING BIDS AND AWARDING CONTRACT FOR ASPHALT REPAIR OF THE FRIDLEY PLAZA PARKING RAMP: Mr. Kroos, Boarman and Associates, stated only one bid was received from Northwest Asphalt, Inc. of Shakopee, Minnesota for this project. He stated the bid was less than the estimated amount. MOTION by Councilman Fitzpatrick to receive the bid from Northwest Asphalt, Inc. in the amount of $12,565 for asphalt repair of the Fridley Plaza Parking Ramp. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to award the contract for asphalt repair of the Fridley Plaza Parking Ramp to Northwest Asphalt, Inc. of Shakopee, Minnesota in the amount of $12,565. Seconded by Councilman Billinqs. Councilman Schneider stated he is still puzzled by the receipt of only one bid. � y� � Y t_ - c •- �1�: � c: � Mr. Flora, Public Works Director, stated this is prime time for asphalt work and it may be that the job was too small for some of the larger companies to bid. UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 1$. RECEIVING BIDS AND AWARDING CONTRACT FOR EXTERIOR SIGNAGE OF THE FRIDLEY PLAZA PARKING RAMP: Mr. Kroos, Boarman and Associates, stated only one bid was received from Nordquist Sign Company of Minneapolis in the amount of $29,800. He stated the oriqinal allowance for the signaqe was $20,000, however, when this amount was established, there was not a specific number of items and additional signs have been added. Mr. Kroos stated he did not feel that $29,800 was unreasonable for the signaqe. He stated he would not disagree, however, that there possibly could have been some hiqher and some lower bids if more companies had bid. Mr. Herrick, City Attorney, asked if these specifications were circulated to local companies. Mr. Kroos stated they were circulated to four qood reputable siqn companies. MOTION by Councilman Schneider to receive the bid from Nordquist Sign Company for the exterior signage of the Fridley Plaza Parking Ramp in the amount of $29,800. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table this item to the June 19, 1989 meeting for a report from staff and an explanation why only one bid was received and a list of companies to whom bid specifications were mailed. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18A. RECEIVING BIDS AND AWARDING CONTRACT FOR APPLIANCES FOR THE MUNICIPAL CENTER: Mr. Rroos, Boarman and Associates, stated only one bid was received for the appliances for a total bid of $2,295. He stated Sears Contract Sales submitted a bid of $1,541 for the appliances; Klamm Mechanical submitted a bid of $354 for the plwnbing hookup; and Gephart Electric submitted a bid of $400 for the electrical hookup. He stated he did not know if the hookup charges were warranted as being a legitimate part of this bid. FRIDLEY CITY COIINCIL KE$TING OF JIINB 5. 1989 PAaB 21 Mr. Rroos stated the appliances include one double oven range with built-in hood; a 30 inch stainless steel vented ranqe hood, a dishwasher and cord, ranqe cord, and a six cubic foot compact refrigerator. MOTION by Councilman Schneider to receive the bid for the appliances from Sears Contract Sales for $1,541 and from Klamm Mechanical for plumbing hookup at $354 and Gephart Electric for electrical hookup at $400. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the bid for the appliances to Sears Contract Sales in the amount of $1,541. Seconded by Councilwoman Jorqenson. Upon a voice vote, alI votinq aye, Mayor Nee declared the motion carried unanimously. 19� �F.SnTI7TTnN Nn_ 49-�989 APPROVING THE 1989-1994 CAPITAL IMPROVEMENT PROGRAM: MOTION by Councilman Fitzpatrick to adopt Resolution No. 49-1989. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 20. RECEIVING THE CHARTER COMMISSION MINUTES OF APRIL 24. 1989: MOTION by Councilman Schneider to receive the minutes of the Charter Commission of April 24, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION NO 50-1989 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCILIATION AGREEMENT WITH THE HUMAN RIGHTS DEPARTMENT OF THE STATE OF MINNESOTA IN THE MATTER OF CAROLYN DREYER:_ MOTION by Councilwoman Jorgenson to adopt Resolution No. 50-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. CONSIDERATION OF CHARTER COMMISSION'S MOTION TO RESCHEDULE THE REFERENDUM ELECTION FROM JULY 18 1989 TO THE GENERAL ELECTION ON NOVEMBER 7, 1989: MOTION by Councilman Schneider to receive the Charter Commission'B motion. Seconded by Councilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 23. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 26383 throuqh 26687. Seconded by Councilman Schneider. Upon a �RIDLBY CITY COIINCIL 1tE$TINQ OF JDNE 5. 1989 PAaB 22 voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office, except those for the Twin Cities Teen Club for a billiards, entertainment and food establishment license. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES - TWIN CITIES TEEN CLUB: MOTION by Councilman Schneider to approve the billiards, entertainment and food establishment licenses for the Twin Cities Teen Club, with the stipulation that approval is received from the Anoka County Board of Health. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Herrick and Newman 6401 University Avenue N.E. Suite 205 Fridley, 1rIIJ 55432 For services rendered as City Attorney For the month of May, 1989 . . . . . . . . . $ 3,909.00 Smith, Juster, Feikema, Malmon & Haskvitz 1000 IDS Center 80 South Eighth Street Minneapolis, NIId 55402 For services rendered for City Prosecutor For the month of January, 1989 .......$ 8,325.00 For the month of February, 1989. ......$ 8,430.00 Gunderson Brothers 2325 Snelling Avenue Minneapolis, I�i 55404 1989 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 1 . . . . . . . . . . . . . . . $10, 881.49 Howard Needles Tammen & Bergendoff (HNTB) 6700 France Avenue South, Suite 260 FRIDLBY CITY COQNCIL ME$TING OF JIIN$ 5. 1989 PAG$ 23 Minneapolis, PIIJ 55435 Water Distribution System Study Project No. 191 Estimate No. 1 . . . . . . . . . . . . . . . $ 7, 543.83 C.S. McCrossan, P.O. Box 1240 Maple Grove, l�T Inc. 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 12 . . . . . . . . . . . . . . . $33,626.27 Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, I�I 55428 Water, Sanitary Sewer & Storm Sewer Project No. 188 Estimate No. 2 . . . . . . . . . . . . . . . $43,781.39 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATE - PARK CONSTRUCTION: MOTION by Councilman Fitzpatrick to approve the estimate from Park Construction in the amount of $118,461.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �DJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 5, 1989 adjourned at 10:40 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor � � cmroF F�� C0INIMUNITY DEVELOPMENT DEPARTMENT MEMORANDL[M Dl1T$: June 14, 1989 � P, • �� TO: William Burns, City Manager ,�• � FROM: Jock Robertson, Community Develppment Director Barbara Dacy, Planninq Coordinator Michele McPherson, Planninq Assistant 8IIB�7ECT: Public Hearing, Sullivan's Overlook Final Plat, P.S. #89-01 Attached is the staff report for the public hearing on the final plat for Sullivan's Overlook located at 1161 Regis Lane. Upon closing the public hearing, the Council may want to give its direction on the plat conditions so staff can prepare the final plat resolution which will be considered by the Council on July 10, 1989. l�II�i :1 s M-89-316 � n __ —_ __ _ _ 1A ■� STAFF REPORT APPEALS DATE Cj�QF PLAN�NNG CONWpSSION DAl'E : May », 1989 FRIDLEY CI'TY COIJNGL DATE: J�e 19, 1989 nur� r�/= REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SiTE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UTLfT�S PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8 ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATlON P.S. 4�89-01 Dan Sullivan To plat a parcel into two lots and construct a single family residence on the second lot. 1161 Regis Lane N.E. 32,150 square feet R-1, Single-Family Dwelling R-I, Single Family Dwelling on east and south, vacant lot on west, school on north (North Park School) Park fee of $750.00 required at time of building permit. N/A Yes Yes None Approval with stipulations N/A Approval with stipulations � 1B Staff Report P.S. �89-01, Dan Sullivan Page 2 REQUEST The petitioner,�Dan Sullivan, is proposing to plat and split part of .Lots 8 and 9 of Auditor's Subdivision No. 25, the same being 1161 Regis Lane N.E. The petitioner wants to split the lot so that his daughter can construct a house on the second parcel. SITE � The parcel is located in an R-1, Single Family Dwelling, district and abuts North Park School. A house and fenced pool area exist on Lot 1 of the proposed plat. Lot 2 of the proposed plat is where the petitioner's daughter is proposing to construct a house. ANALYSIS The proposed plat would accommodate the existing uses and allow for the construction for one additional single family house. Both lots would meet the minimum lot size required by code, as well as the 35 foot front yard setback requirement. There is an oak-filled ravine in the northeast corner of Lot 2. Staff is recommending that no construction or grading occur below the 952 foot contour to minimize any impacts on the ravine. The engineering staff recommends that the access to Lot 2 be placed as close to the westerly lot line as possible. This is to increase the sight distance to the intersection of Regis Lane and-Regis Drive. The vertical curve on Regis Lane makes sighting traffic to the east difficult.. RECOMMENDATION Staff recommends that the Planning Commission approve P.S. #89-01, Sullivan's Overlook, to plat a parcel into two lots, with the following stipulations: 1. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2. 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the rezoning request with the stipulations as stated. 1C Staff Report P.S. �89-01, Dan Sullivan Page 3 CITY COUNCIL RECONII�IENDATION Staff recommends the City Council approve the final plat as recommended by the Planning Commission with the stipulations as presented. ?5' � J � �. •/� � � T� --- � �-' - 8 -•--�-- ...----._- _.._.�e------ � ' iist4 9 ----fr--...----- . � � �'t�� R�/OfiE '-1�fm 1�1�D��._ �S� CAY00 N0.39 � ns� su� cavno� tNC suPj 1 �_ +�-�-`'`°"�-� , �__ � :� �{^� I � P.S. �89-01 Sullivan's Overlook S//2 SEC. 24, T. 30, R. , C/TY OF FR/OLEY �.Li1rYG lJR1YG �..--p�n i srar`w�y.I� n� �, � �� _� 94 .._ -�� 't �� .�, �m q., +, • � ��" °y � • "T ^ • • � �(p�Iiuv �IM�r� �/ 24 �� .fTC. N � � �M � .y ! 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DLEY : Y � Y C01�ILMUNI"i'Y DEVELOPMENT DEPARTMENT M EMO RAN D UM Dl1TE s June 14 , 1989 �� • TOt William Burns, City Manager �j. � FROM: BIIBJECTZ Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator � Second and Final Reading of Ordinance Vacating 30 Foot Drainage and Utility Easement, Jerome Farrell � At the June 5, 1989, meetinq, the City Council conducted a public hearing and passed for first readinq the ordinance vacating a 30 foot drainage and utility easement. Approval of the ordinance for second and final reading is recommended. BD:ls M-89-321 � 0 ORDINANCE NO. 2A AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate a 30 foot drainge and utility easement centered on the concurrent lot line of Lots 28, 29, 1 and 2, Block 2, Commerce Park. All lying in the South Half of Section il, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: June 5, 1989 First Reading: June 5, 1989 Second Reading: Publication: WILLIAM J. NEE - MAYOR 3 CITY OF FRIDLEY PLANNING CO1rIIrII88ION MBETING, JIINE 7, 1989 CALL TO ORDER• Chairperson Betzold called the June 7, 1989, Planning C4mmission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Kondrick, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: Dean Saba Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistan� Leonard Vanasse, Mar-Len Development Corp. APPROVAL OF MAY 17. 1989. PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Barna, to approve the May 17, 1989, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DEC�,ARED THE MOTION CARRIED QNANIMOIISLY. l. CONSIDERATION OF A LOT SPLIT. L.S. #89-03. BY MAR-LEN DEVELOPMENT CORPORATION To split off the easterly 230 feet of Lot 1, Block 1, Mar-Len Addition to create two separate lots. The two legal descriptions are as follows: Parcel A, that part of Lot 1, Block 1, Mar-Len �iddition, according to the recorded plat thereof, Anoka County, Minnesota, lying westerly of the east 230 feet thereof. Reserving an easement for driveway purposes over the north 20 feet of the south 70 feet thereof. Subject to a drainage easement over the north 20 feet thereof. Subject to other valid easements of record. Parcel B, the east 230 feet of Lot 1, Block 1, Mar-Len Addition, according to the recorded plat thereof, Anoka County, Minnesota. Together with an easement for driveway purposes over the north 20 feet of the south 70 feet of that part of said Lot 1, lying westerly of the east 230 feet thereof. Subject to a drainage easement over the north 20 feet thereof. Subject to other valid easements of record. Generally located at 81st Avenue N.E. and Hickory Street N.E. PLANNING COMMI88ION MEBTING. JUNS 7. 1989 - PAQE Z OM TION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPER80N BETZOLD DBCLARED TH$ MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated that Mar-Len Development Corporation is proposing to split Lot 1 of the Mar-Len Addition into two parcels. ANR Trucking is located to the south on Lot 3 of said Addition. To the north is an empty lot and Springbrook Nature Center (is located to the north and west). The area is currently zoned N2, heavy industrial. The proposed lot split would create a north/south division of Lot 1. There are several reasons for this to occur. Hickory Street stops in the southwest corner of the parcel and is a paper right- of-way to the northwest corner of this parcel. Where it stops, there is a drainage ditch within the right-of-way which carries runoff to Springbrook Nature Center. There are also drainage ditches which run along the north and south sides of the ANR Trucking site. There are drainage easements on the north, south and west sides of Lot 1, and they are being used for drainage. Because of the easements and the Hickory Street deadend, the petitioner is proposing a north/south split. There is a potential that Hickory Street could continue but this is not in the current capital improvement plan. The petitioner is proposing there be a private driveway easement of 20 feet to connect Parcel B with Hickory Street. The zoning code requires 25 foot width for any lot access. Staff recommends that the easement be modified to 25 feet before approval by the City Council. Both parcels meet the minimum lot size requirement; however, there is still potential to divide parcel A. Staff is concerned that the private drivway will not handle the potential traffic should that occur. There is also potential in the future depending on the development of the two parcels of the lot split and a vacant parcel to the west of Hickory Street that Hickory Street could be modified to a 10-11 ton road. Staff recommends approval of the lot split with the �ollowing stipulations: 1. The petitioner shall correct and have in recordable �orm a 25- foot driveway easement prior to City Council approval on June 19, 1989; 2. A maintenance agreement concerning general upkeep and snow removal for the private driveway shall be recorded against both Parcels A and B prior to issuance of a buildir►g permit 3. 4. on either parcel; A park fee shall be paid prior to the issurance of building permits; A grading plan with stormwater calculations shall be submitted and approved by staff prior to building permit issuance; and 3A 3B �LANNING COMMIBSION MEETING. JIINS 7. 1989 - PAGE 3 5. A 60-foot public right-of-way shall be created and � public road constructed should future subdivision occur. Mr. Barna asked if there were restrictions on the type of business that can go into the area due to its location near the Sprinqbrook Nature Center and the creek. Ms. McPherson stated there were none that she was aware of other than the limitation for the driveway and for storm water control. Mr. Dahlberg asked if the parcel abutted Springbrook Nature Center. Ms. McPherson stated it does not. One parcel of land lies between the Mar-Len property and Springbrook. Mr. Barna asked if the City had restrictions for that area. Ms. McPherson stated this particular parcel has been used �s a fill site and has no existing vegetation. There are no grotected wetlands on the site. Mr. Dahlberg asked about the narrow strip of land to the south. Ms. McPherson stated there is a 50-foot drainage easement. There is an existing open drainage ditch that runs the length of the parcel. Mr. Dahlberg asked if the driveway could exist within the drainage easement. Ms. McPherson felt there was not enough room for that to occur. Ms. Dacy indicated there was the need to have enough room to get equipment in there to maintain the area. Mr. Dahlberg thought the driveway could be used as the access to the drainage ditch for maintenance. Ms. Dacy stated this would require a private easement on public property. Mr. Dahlberg stated he was under the impression that it would be better for a land locked parcel to own a strip of land from it to a right-of-way. In a situation like this, it is dependent upon an adjacent parcel for access and could potentially create conflict between owners. If on public property, that concern could be eliminated. Ms. Dacy stated that, depending on the petitioner's v�ewpoint, a 50-foot nflag" to Parcel 8 could be created. ' PLANNINQ COMMISSION ME$TING, JIINE 7. 1989 - PAG$ 4 3C Mr. Dahlberg stated the benefits are that the setbacks are from the property line rather than from the drainage easement. Mr. Vanasse stated he talked with Mr. Flora, Director of Public Works, about the driveway easement. Mr. Flora said there is nothing stopping Mar-Len from putting in a concrete pipe and covering it so it can be driven on. He thought it should be done. Then there would be 75 feet to work with. Mr. Barna stated that Lot 2 is still to be developed. There is a possibility for an east/west street throuqh the area; a�nd there is the possibility that if there were a road, the owners would be giving up less land. Mr. Vanasse felt that Lot 2 has full access to Main Street. If Hickory Street were finished, it would have capacity of about 10 tons. The proposed property is for a contractor whose use would be light industrial, parking and storage. Mr. Betzold asked if Mr. Vanasse had plans for Lot A. Mr. Vanasse stated he has a proposed use but is not goinq ahead with that. Mr. Barna asked if Mr. Vanasse also owned Lot 2. Mr. Vanasse stated he did. He has no problem with the stipulations or the 60 foot right-of-way. He felt Mar-Len would go ahead with the private driveway right now. Should e�cpansion be do�e in the future, it would only need 10 more feet of road and then the pipe could be put in. Mr. Barna stated that in a situation such as this it is the property owner would be the one to petition the City to have the street put in. Mr. Vanasse felt that a street would not be requested, but taking 60 feet from the lot would be a hardship because it wourd take away from the parking requirement. Mr. Betzold wondered, if the easements cannot be done, as a fallback position, can they combine with the parcel next door. Mr. Barna stated in this fashion Parcel B would be a"flag" shaped lot and would not be land locked. Mr. Vanasse stated his proposal is to provide the riqht-of-way so the owner of Lot A will not have to interfere. Mr. Dahlberg stated that if the proposed driveway easement was conveyed as Parcel B there would only need to be 50 feet. PLANNING COIKMIBSION ME$TING, JIINE 7. 1989 - PAG$ 5 Mr. Vanassee thought there would be a problem. They have widened the ditch and are using the full width of 50 feet of the easement. Mr. Dahlberg felt that potentially the drainage ditch could be narrower and still accommodate flow. Mr. Vanasse stated that is where the sides of the ditch come in. The slope is a problem. A larger area is required because they are working with sand. Mr. Dahlberg indicated his concern is based on a potential conflict concerning use of the right-of-way and whether or not there is a question. Mr. Vanasse stated that, when property is owned with an easement, it is the owner's responsibility to maintain it. Mr. Vanasse stated he would be willing to abandon it entirely if the owner does not want it and release the easement to Parcel B so there Would r►ot be a problem. Ms. Dacy stated that staff will investigate that alterr�ative as well as combining the driveway access into the 50 foot easement area. MOTION by Mr. Dahlberg, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DEC�+ARED THE PIIBLIC HEARING CLOSED AT 8:00 P.M. OTION by Ms. Sherek, seconded by Mr. Barna, to recommend to the City Council approval of the lot split with stipulations, that staff get together with Public Works to make a determination on the easement issue, and provide alternatives or changes before the City Council meeting. ' IIPON A VOICE VOTE � ALL VOTING AYE, CBAIRPERSON BETZOLD DBCLARED TH$ MOTION CARRIBD IINANIMOIISLY. Mr. Betzold indicated that this item would be before the City Council at their meetinq of June 19, and recommended Mr. Vanasse stay in contact with staff regarding any questions. 2. CONSIDERATION OF OLD CENTRAL AVENUE CORRIDOR STUDY Ms. Dacy reported that staff continued the corridor study and have looked at Phase 2 north of Rice Creek north to the city boundary. Phase 2 has a different character from Phase 1. This area does not have some of the natural features as Phase 1, but there are some things there that can be used to unify the corridor. The plan is Y 3D PLANNING COMMI88ION ME$TING, JIINE ?. 1989 - PAGB 6 3E to ccntinue the Sportman�s Highway theme, and continue the boulevard improvement concept. Onan has boulevard trees which continues the theme which could be continued all the way north to Osborne. Basically, staff looked at the existing features, what are the strengths and weaknesses, and what are the opgortunities. Ms. McPherson stated there is more vacant land to work with in Phase 2 of the study. Onan has a campus-like atmosphere. There are 8 parcels of vacant land available for development. Residential areas are on the east, and a mobile home park and commercial on the west. Most of the structures in this portion were built in the early 1950's and 1960's, with a lot of development that occurred in the early 1970�s. There are two non-conforming houses on commercial property. Ms. McPherson stated one of the scenarios for the residential alternative is to remove the Green building at Onondaqa and relocate the tenants. This parcel then could become single or multi- family. The strip center would also be removed near the southewast corner of Central and Osborne. The vacant lot to the south would be encouraged to be developed into single oz multi- family housing. Access from Meadowmore Drive would be encouraged. Also in the residential alternative, the mobile home park would stay, but the non-conforming use on the northwest corner of 73rd and Central would be removed. Businesses such as the truckinq station should be removed, and then this area could then accommodate single or multi-family housing. This area has been zoned light industrial for years and has had little or no development interest. Ms. McPherson stated south of 73rd there is an R-3 distriat and a variety of commercial and industrial districts. In the residential scenario, those buildings that are commercial or industrial to the west of the R-3 would be rezoned to multi-family. In the commercial scenario, staff recommends removing Determan Welding, the junkyards, and the mobile home park; and encourage spli�t zoning with more commercial to the west and lighter industrial uses to the east. Staff has developed a plan regarding those parcels. There are two fairly new businesses which staff recommends would remain as part of the redevelopment scheme. The parcels would develop in such a way that the outside storage be to the center with the buildings toward the road, and continue the theme of a boulevard with a bikeway/walkway. In the relocation process, the roads would be realligned or vacated. It is recommended that Tam's Rica Bowl be located closer to Hwy. 65, which would provide better access and visibility for the restaurant. Ms. McPherson etated south of 73rd, staff encourages more commercial uses rather than residential. PLANNING COM�IISSION MEETING. JONE 7, 1989 - PAGB 7 3F Ms. Dacy stated that Onan has requested the City evaluate assistinq them in their project to expand their facilities in the southeast corner of their site. Staff understands that Onan has a number of facilities in the Cities and plans to consolidate them at the Fridley site. In order to do so, they need soil correction assistance and sewer, water and street improvements. The HRA is considering whether to modify the redevelopment district and have a new tax increment district. This is also an opportunity to look at other blighted properties in this area. Moving the mobile home park has been discussed, but the relocation impact has not been fully researched. On the east side, pick up those that are not consistent with what is around it. The tax increment district is smaller than the redevelopment district. Ms. Sherek asked if this included Spiro, but not Limpro. She felt both were substandard pieces of property and both should be included. Ms. Dacy stated both are excluded. She felt others were more in need of redevelopment, but these can be reconsidered and the plan can be revised. The staff wanted to minimize the number of properties in the tax increment district. Ms. Dacy stated the staff's recommendation is to: 1) in the residential alternatives, rezone the southwest corner of Osborne and Central to residential. 2) Connect the commercial strip center on the southeast corner to single family or duplex. 3) Remove the non-conforming junkyard south of the American Leqion and combine it be combined with the American Legion or rezone as residential. 4) Create a campus business atmosphere, by extending the Onan and Medtronic campus-like atmosphere, to create a saleable industrial park. This includes removinq the junkyards and developing a redevelopment scenario presented in the packet. Ms. Dacy stated that on the June 21 agenda, the Planning Commission will consider an item regarding the use of the now vacant Kurt Manufacturinq building. A snowmobile sales and service business is requesting to locate there. Staff advised them to rezone it from M-1 to C-2. Staff feels the special use process may become abused in order to get more commercial activities in an industrial zone. Staff's recommendation is to start the pattern t� go to commercial, which may be helpful for redevelopment. Mr. Barna asked if it would make more sense to take out the residential on Norton to 73rd because Onan's and Medtronics are located there and are commercial. Ms . Sherek disagreed, stating this was a new arez�, less than 10 years old. 3G PLANNING COMMISSION MEBTING, JIINE 7. 1989 - PAG$ 8 Mr. Barna recommended to designate the strip from 65 to Old Central as either very old commercial or residential, but felt a mix is asking for continued problems. Ms. Sherek stated that the area to the north of the Z[edtronic parking lot is orphaned area, but not an area where buildings are side by side with industrial. While she did not see this as inappropriate, she didn't think any more residential needs to go there. Rezoning to R1 or R2 the southwest corner on Osborne would be difficult because of the commercial nature of the development in that area, but otherwise commercial is okay. As a proposed senior citizens site, the corner has a transportation problem. The location is not that bad, but transportation is a problem. Ms. Dacy stated that the site may be more appropriate for a"young senior" project. Ms. Sherek felt the site was level, traffic drops off and the area has easy access. She did think gearing the area to the "younger elderly" would be appropriate, but with cottages or appropriate apartments and a convenience store. Mr. Betzold stated that a course has been set when the truck companies went in. He could not see putting any residential near the commercial in that area. Ms. McPherson stated the plan proposes that they relocate the trucking f irm . Ms. Sherek felt that, if this were developed into a mobile home park, it would fill in quickly. Mr. Dahlberg recommended relocating or taking it all out, even from Fireside to 73rd. That whole area could be developed as all mobile home park, but it would mean re-organizing. The current park would not be able to stay in its existing configuration. This would mean the park would have more logic to it. Mr. Barna stated that mobile home park was meant to be temporary. Mr. Dahlberg felt a mobile home park would make an ide�l buffer between commercial/industrial development on Hwy. 65 and the residential area on Old Central. Ms. Sherek felt the mobile homes at this site were in better shape than the homes they face. Another need is for some kind of convenience market or shopping area to accommodate higher density housing, which could be located on the Osborne/Central area rather than on Hwy. 65. This area would have traffic from Onan, Medtronics, residents and mobile home park residents. �LANNING COMMI88ION MEETINQ, JIINE 7. 1989 - PAGE 9 Ms. Dacy asked if inembers would prefer to have the residential orientation rather than create a business park or some other configuration. Mr. Kondrick stated he would rather have a business park than mobile home park. Mr. Betzold thought there was room for a mobile home park in the area. Mr. Dahlberg felt that sinqle family residential would not work east of Viking Chevrolet, but a mobile home park could �1ork. It could also act as a buffer between a commercial area and the residential area to the east. Mr. Barna felt the mobile home park satisfies a need and is part of a plan to bring more low income, single family residences into the city and would alleviate industrial development that is there now and that is blighted. Mr. Kondrick felt the area should be planned as though nothing was there, and felt that it should be developed as a commercial/ industrial area. Ms. Sherek stated that persons in the park are not transient, but are long term residents. The park fi11.s a distinct need. She didn't think there is a need to get rid of the park. Mr. Dahlberg stated that a business park would sit empty for a longer time than a mobile home development. Does the City want to do this rapidly or have it develop over a long period of time? Ms. Dacy stated there are time restrictions with tax increment monies. Mr. Dahlberg did not think it would develop in 10 years as a business park. Mr. Kondrick disagreed. There is no plan in this area. He stated he thinks the area could be developed into a nice area. Mr. Dahlberg thought business use or light industrial u�es would develop over a longer period of time than residential. Northco Development is a planned business park and Mr. Dahlberg felt it would not be filled in 10 years. Ms. McPherson stated that, with the exception of recent development, it seems that most of the City's i�dustrial development has been taking place in the University Avenue corridor rather than the Hwy. 65 corridor. The distance between the two is not that great and there is access to Osborne and Hwy. 65. 3H 31 PLANNING COMMI88ION MEETING, JUNE 7. 1989 - PAG$ 10 Mr. Barna stated that industrial property attracts other industrial properties. Ms. Sherek stated that,.when an industry has two loca�tions to choose from, one in an industrial area and another near residential, they are going to go to the industrial area, Mr. Dahlberg thought there would be problems getting riid of the mobile home park and felt that relocating it might work.' Mr. Barna suggested moving Tam's Rice Bowl to Highway 65 where it would be more visible and accessible. Mr. Betzold suggested leaving the group of mobile homes on Old Central, but the group on Hwy 65 should be relocated to free up that area for commercial and/or industrial development. Mr. Dahlberg agreed and felt that the park could be expanded. Mr. Kondrick agreed with exchanging the location of Tam's to Hwy 65 and the group of mobile homes. Mr. Barna asked what the County would do with the crossover at Fireside Drive. Ms. Sherek indicated this would not be a problem because the frontage road in that area could be completed if the mobile homes are relocated. Ms. Dacy asked for comments regarding a business park north of 73rd Avenue after removing the existing junkyards. Ms. Sherek felt there is a need for a small, inexpensive piece of land for a smaller business or a smaller building on a larger parcel to e�and. Ms. Dacy asked for comments on zoning in the area of Osborne and Old Central. Mr. Barna felt the area should be zoned R-4 from mobile home park to Osborne, with senior cottages to the north of the mobile home park. Mr. Dahlberg stated there is a need for mobile home housing. Some communities feel that mobile home parks are an eyesore, but this need not be so. He did not think that they are a bad alternative and a good buffer. He recommended the zoning be high derisity, R- 3 to R-4. Mr. Barna recommended R-4 because it fills all needs. t�` � PLANNING COMMISSION ��IEETING. JQNE 7. 1989 - PAGB 11 Ms. McPherson asked if the commission would still want to continue the boulevard improvement. Mr. Barna stated, yes, this theme should be continued all the way through. Ms. Dacy asked for recommendations on the strip along Hwy. 65 to zone to C-2 or C-3. Ms. Sherk felt the snowmobile business should start that happening. Mr. Dahlberg asked what would the improvements to the corridor street improvements and boulevard entail. Ms. McPherson felt the roadway would be maintained as is. The right of way exists in order to do boulevard imp�ovements (including bike paths). Ms. Dacy stated there is 28 feet of boulevard on either side of the pavement. Mr. Dahlberg also thought that the lights should not be too bright adjacent to residential areas. Ms. McPherson stated the intent was that on the bikeway it wou2d be a single globe in the residential section in a�taggered pattern. Mr. Dahlberg commended staff for a nice job done on the �tudy. 3. CONSIDERATION OF PROPOSED REVISION TO REDEVELOPMENT DISTRICT AND CREATION OF NEW TAX INCREMENT DISTRICT FOR ONAN AND ADJACENT PROPERTIES Ms. Dacy stated that what is proposed is consistent with our plan and staff recommend approval. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend the City Council accept the resolution, with the modification to include the Spiro Manufacturing site, and for the signature of the chairman. IIPON A VOICE VOTl3, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRISD IINANIMOIISLY. 4. CONSIDERATION OF PROPOSED EXPANSION TO WERNER'S F�TRNITURE. 5901 - 3RD STREET N.E. 3J PLANNINQ COMMISSION MEETING, JIINE 7. 1989 - PAG$ 12 3K Ms. Dacy stated this item was presented to the City Council for informal discussion. The Council stated that the S-1 district should be maintained as written. The owners are trying to upgrade the property but Council felt it would not be consistent with the intent of the district. No action is required. The Commission felt that in the future, direction for the S-1 district should come from the City Council. 5. CONSIDERATION OF PROPOSED PARKING AREA EXPANSION FOR FRIDLEY � Ms. Dacy stated this was for informal discussion with the City. It appears that Amoco is having problems with the MPCA as far as underground contamination. The VFW is considering buying their site and wants to determine whether rezoning to C-2 and using it for a parking lot is acceptable to the City. Ms. Sherek had no objection provided that the landscaping is approved. She did not want anything that would generate more traffic. Mr. Betzold felt it was okay. Mr. Dahlberg asked if anything could be done with the frontage road to provide better access Osborne going west. Ms. Dacy stated staff would investigate that issue. 6. CONSIDERATION OF BRICKNER REVISED PLAN Ms. Dacy stated this was for informational purposes only. The Commission liked the plan and felt it solves numerous problems. 7. CONSIDERATION OF EXCESS PROPERTY AT 1220 - 52ND AVENUE N.E. Mr. Barna asked wher► will street straightening would happen. Ms. Dacy stated the City would do the street alignment after the sale of the property. This is a minor project and not a high priority. The sketch provided is preliminary. Mr. Barna had no problem with sale but thought the apartment owner should absorb the relocation costs of the road. Mr. Dahlberg stated the driveway is important in an emergency situation. Regarding the proposed roadway alignment, it appears that the portion of the cul de sac will remain. Ms. Dacy thought the driveway and curve will be left as is. It would be more expensive to change. 3L PLANNING COMMISSION MEETING, JUNE 7. 1989 - PAGE 13 Mr. Dahlberg thought the edge of the road should be defined. Ms. Sherek recommended that as a condition of sale, parking be prohibited. This can be done through requiring landscaping so the parcel cannot be used for parking. OM TION by Ms. Sherek, seconded by Mr. Barna, to recommend the property be sold to the apartment owners and that landscaping be done in order to prohibit parking, so staff does not have to enforce the parking ban. IIPON A VOICE VOTE, li1LLL VOTING AY$, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 8. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY �3. 1989 oTION by Mr. Barna, seconded by Mr. Kondrick, to received the May 23, 1989 minutes of the Appeals Commission meeting. IIPON A VOICE VOTE, ALL VOTING AYE � CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. 9. RECEIVE THE MTNUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY �IEETING OF MAY 11. 1989 OM TION by Mr. Dahlberg, seconded by Mr. Barna, to receive the May 11, 1989, minutes of the Housing & Redevelopment Authority meetinq. IIPON A VOIC$ VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIBD IINANIMOIISLY. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. IIPON A VOICL VOTE, ALL VOTING AYE, CBAIRPERSON BET20LD DECLARED THE JQNE 7, 1989, PLANNING COMMISSION MEETING ADJOIIRNED AT 9530 P.M. Respectfully submitted, Lavonn Cooper Recording Secretary � � cmroF F�at..�r C�11/IMUNITY DEVELOPMENT .DEPARTMENT M EMO RAN D UM DATB: June 14, 1989 TOs � William Burns, City Manaqer dl,�� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant BIIBJECT: Lot Split Request, L.S. �89-03, by Mar-Len Development On June 7, 1989, the Planning Commission unanimously recommended approval of the request, L.S. �89-03, by Mar-Len Development to create two separate parcels. The petitioner has submitted a revised survey in compliance with Planning Commission direction. Staff recommends the City Council approve the resolution authorizing the lot split request, L.S. �89-03, with the fallowinq stipulations: 1. A maintenance agreement concerninq general upkeep and snow removal for the private driveway shall be recorded against both Parcel A and Parcel 8 prior to issuance of a building permit on �ither parcel. 2. A grading plan with stormwater calculations ghall be submitted and approved by staff prior to building permit issuance. 3. A 60 foot public right-of-way shall be created and n public road constructed should future subdivision occur. , 1rIIri: ls M-89-317 _ 3N �► STAFF REPORT APPEALS DATE N/A ��QF PLAI�NG COMNNSSION DATE June 7, 1989 FRlDLEY CITY COIINGL DATE June 19, 1989 �uT� �`-�� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONtNG ADJACENT LAND USES 8� ZONING UTILJT�S PARK DEDlCATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WRH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSlDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION L,S. �89-03 l�ar-Len Development Corporation To create two separate parcels 81st Avenue and Hictory Street 6 acres ± N/A M-2 1� 2 on all sides, Springbrook Nature Center to the northwest Utilities available, co�nection needed To be paid at the ti.me of building permit issuance N/A Yes Yes N/A Approval with stipulations Approval with stipulatiaris 30 Staff Report L.S. �89-03 Mar-Len Development Corp. Page 2 REQUEST The petitioner, Mar-Len Development Corporation, is requesting to split Lot 1, Block 1, Mar-Len Addition, into two smaller lots. A 6 acre parcel, Lot 1, would be split into a 3.69 (Parcel A) and 2.31 (Parcel B) acre parcel. Mar-Len Development has a buyer who needs a smaller parcel. SITE The site is generally located at 81st Avenue and Hickory Street, north of the ANR truck terminal. The site has been used alternately as a borrow and fill site for adjacent properties so there is little or no original vegetation on the site. There are also no protected wetlands on the site. ANALYSIS The proposed lot areas meet the 1.5 acre minimum lot area requirement. Several drainage easements exist over the original parcel along the north, west, and south sides and there are drainage ditches within these easements. Because Parcel B does not have direct access to an adjacent street, a 20 ft. driveway easement to Hickory Street across Parcel A is proposed. However, according to the Zoning Code: "...every lot, in order to be built on, shall have at least one lot line which abuts for not ]:ess than 25 feet along a street or along a permanent, unobstructed easement of access to the lot from a public street as approved by the City" (Section 205.04.04.Cj. The petitioner should have this 20 foot easement corrected to 25 feet and in recordable form before the lot split is approved by the City Council. In addition, a maintenance agreement for the maintenance of the private drive to include patching of potholes and snow removal should also be recorded against both parcels. Typical City policy has been to discourage landlocking parcels. Although a private easement is proposed, Parcel B does not have public street frontage. Hickory Street exists as a paper right- oi-way extending to the northwest corner of the property. The right-of-way is now occupied by a drainage ditch which accepts a significant amount of runoff from the surrounding watershed. The ditch could be reconstructed and a stormwater pipe installed instead; however, this improvement has not been contemplated by the City, given its cost to do so. If the street were in place along the entire parcel, staff would recommend a split configuration. Another alternative would b front of the subject in an east/west e to create a public Staff Report L.S. �89-03 Mar-Len Development Corp. Page 3 street along the proposed location of the driveway easement. This would also enable Parcel A to be split into another parcQl if so desired. However, road construction for two lots may not'be cost effective. Therefore, a 60 foot right-of-way should be reserved to acc�mmodate the construction of a typical city street in case of future subdivision. Reserving public easement at this time may complicate maintenance issues or setback/parking issues. Therefore, staff recommends that a stipulation be added to require construction of a public road if future subdivision is proposed. ' It may be necessary to upgrade Hickory Street to a 10 ton capacity road depending on the intensity of development on the subject property and others west of Hickory Street. At the time of the upgrade, a cul-de-sac would be constructed at the end of Hickory Street. Prior to the construction of the improvements, the City would conduct a special assessments public hearing. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the request, L.S. #89-03, to create two separate parcel� by Mar- Len Development Corporation with the following stipulations: 1. The petitioner shall correct and have in recordable form a 25 foot driveway easement prior to City Council approval on June 19, 1989. 2. A maintenance agreement concerning general upkeep and snow removal for the private driveway shall be recorded against both Parcel A and Parcel B prior to issuance of a building permit on either parcel. 3. 4. 5. A park fee shall be paid prior to the issuance of buildinq permits. A grading plan with stormwater calculations shall be submitted and approved by staff prior to building permit issu�nce. A 60 foot public right-of-way shall be created and a public road constructed should future subdivision occur. PLANNING COMMISSION ACTION As proposed, the lot split would create with street access through a private discussion of several alternatives easement, the Planning Commission voted � two separate parcels, one driveway easement. After to the private driveway unanimously to approve the 3P Staff Report L.S. #89-03 Mar-Len Development Corporation Page 4 3Q request, L.S. �89-03, by Mar-Len Development Corporation with the stipulations as recommended by staff. The Planning Commission also directed staff to work with Mr. Vanasse of Mar-Len Development and Mr. Flora, Public Works Director, to agree on an alternative other than a private driveway easement for access to Parcel B. STAFF UPDATE Mr. Vanasse has submitted a revised survey so that Parcel B becomes a"flag lot" with a 60 foot frontage on Hickory Street. A 15 foot driveway easement would still exist on Parcel A with the driveway being constructed on both Parcel A and Parcel B. The 60 foot frontage would match any required right-of-way should an east-west street be constructed to Main Street in the future. It also fulfills the zoning code requirement for 25 feet of street frontage. Given this revision, stipulation #1 is no longer necessary. Staff has also determined that the park dedication fee for the property has already been paid. Stipulation #3 can also be deleted. CITY COUNCIL RECONII�IENDATION Staff recommends that the City Council approve the request, L.S. #89-03, by Mar-Len Development Corporation with the following stipulations: 1. A maintenance agreement concerning general upkeep and snow removal for the private driveway shall be recorded against both Parcel A and Parcel B prior to issuance of a building penait on either parcel. 2. A grading plan with stormwater calculations shall be submitted and approved by staff prior to building permit issuance. 3. A 60 foot public right-of-way shall be created and a public road constructed should future subdivision occur. ;� .± s U u J3Jil3 N.( N. IN COAME/► .� . ' GpRpO11ATE UMITE OF .`, y � - ; ... 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' • ::• "F '"A""°`.L � ,,\, � :� , � -. - ' � _ �. • :\ ' ` .f :,�OO+TiO�► `� { ' -----r - --- . ,._ •�• ----- -�� --� _ r,c�7 - -- - _ _ � �F� � '�- . ,, . ..... � -'... ��'� !. br COR! � ,iJ, . `!`,i� '�- LOCATION MAP li1 � ii/�II/►G GT /yJ�7VV//�I / GJ LAND SURI/EYDRS, /NC. � f7720 Highwey 65 N.E. - Ham lake, Minnesota 55304 °LIT FOR: Acton Const�uction, Inc. 434 - 7¢46 DESCRIPTION: r 3T PARCEL A : :ot 1� Bloct l, NAR-LEN ADDIIION, �ccordiog to the recorded plat thereof, Anok� County, Minnesot�� lring Nesterly ot !.feet thereof. �se�ent for driveM�y purposes over the north P0.04 feet of the sauth 70.00 feet tAereoi. •�ioige ease�ent over the north �0.00 feet thereof. !r valid ease�ents of record. � . . . , . . . . ; . PRRCEL H � � � .. . � i f et af lot ]�, Blork 1, MAR-LEN ADDITIDN, scccrdin to the recorded pi�# thereof;--ilnokr Connty, Minnesot�. �� 4n �ise�ent.for driveMay purposes ovRr, the north E0.80 �feet of the south 70.CQ feei of ;thit p�rt of s�id Lot 1, .of. the east E30.00 feet thereof. . �_ . � . � vinige ease�ent over the narth P0.00'feet thereof. . !r wlid ease�ents of record. , 33 _. � 60 j � �� 00 �� i � i ' � (r0 0 � r d � � W �� 0 ',. �o Dr'a i ria ge_° • NB8'/I'39"E 598. �2 �7 Ec�sen,er►� . — � PARCEL A (3.69 AC. �� .--- — — Z 3°. c�o - - 3 ; � � PARCEL B �2.�� A�. �J � 1 ��t . � -- ,k : � o� �: � I_ _ _ __ --- -_ ____ _ __ t �--- -- — -- — ��— o L°_ P�scai D.�i✓ew� EQ,�Q.r�t�f=-a ---- — --- N E�sem�n� � � , � Ortir.ina.9e f �/t�/�fy � , � 367. /t ` 230.OS , Y+� flFT. .r ....... .�n.. �.r �r� �97. I7 588°�!'39"� . � � �- i / NEREBY CEN7/fY TNAT TN/S SfMYE!'� ALAN� OR AEPONT lYAS MEHIREO oY A/E Q9 LIMDER M1' D/RECT S!/PERV/S/OW ANO TNAT / AM A D(/LY REG/STENEO LAND SURVEYO�P lAAADER TNE LANS Oi THE STATE OF nI/NNESOTA. � ^ SITE PLAN ; �.� = sr �. �: �. : r i� � st' �i �=.=i = : � � _.� =t .�j � ii { _ � s;`. i= •!t: ; t �� ;; � s „� t : i: �i � � ir :��! 4 � i` if : EE� j: ':.- � E' � i iii !=i ��,� �i !!�i �=� i:� f,�s � �� jl �: ''�-�� i �S� + �;�� t � �a ;� ��o�l � �' I `, �t�� i��': , �, I��,; � � �� ' �i= =st �� SITE PLAN 3U RESOLUTION NO. - 1989 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. �89-0�, TO CREATE TWO SEPARATE PARCEIS FROM LOT 1, BLOCK l, MAR-LEN ADDITION, TO BE DESCRIBED AS: PARCEL A : THAT PART OF LOT 1, BLOCK l, MAR-LEN ADDITION ACCORDING TO THE RECORDED PLAT THEREOF, ANOKA COUNTY, MINNESOTA, LYING WEST OF THE EAST 230 FEET THEREOF AND LYING NORTH OF THE SOUTH 60 FEET THEREOF. PARCEL B: THE EAST 230 FEET OF LOT l, BLOCK l, MAR-LEN ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, ANOKA COUNTY, MINNESOTA, AND THE SOUTH 60 FEET OF THAT PART OF SAID LOT l, LYING WEST OF TIiE EAST 230 FEET THEREOF. WHEREAS, the City Council approved a lot split at the June 19, 1989 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval is to create two separate parcels from Lot 1, Block 1, Mar-Len Addition to be described as: Parcel A: That part of Lot 1, Block 1, Mar-Len Addition, according to the recorded plat thereof, Anoka County, Minnesota, lying west of the east 230 feet thereof and lying north of the south 60 feet thereof. Parcel B: The east 230 feet of Lot 1, Block 1, Mar-Len Addition, according to the recorded plat thereof, Anoka County, Minnesota, and the south 60 feet of that part of said Lot 1, lying west of the east 230 feet thereof. WHEREAS, the City has received the required Certificate of Survey irom the owner; and WHEREAS, such approva� will create two separate parcels from Lot 1, Block 1, Mar-Len Addition. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY TIiE CITY COUNCZL OF THE CITY OF FRIDLEY THIS 19th DAY OF JUNE, 1989. ATTEST: SHIRLEY A. HAAPLA - CITY CLERK Y WILLIAM J. NEE - MAYOR 3V 3W EXHIBIT A Resolution No. - 2989 1. A maintenance agreement concerning general upkeep and snow removal for the private driveway shall be recorded against both Parcel A and Parce2 B prior to issuance of a building permit on either parcel. 2. A grading plan with stormwater calculations shall be submitted and approved by staff prior to building permit issuance. 3. A 60 foot public right-of-way shall be created and a public road constructed should future subdivision occur. w � c�nroF F�� C011IlMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DI►T$: June 14, 1989 � � , TOs William Surns, City Manager�, FROM: BOBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Special Use Penait Request to Al1ow Commercial/ Retail with a Motor Fuel Station/Car Wash, 7295 University Avenue N.E., Phillips 66 Company Attached is a staff report for a special use permit request to allow 400 eq. ft. of commercial/retail as part of an automotive eervice statian to be located at the southeast corner of 73rd Avenue and University Avenue N.E. The Planning Commission recommended approval of the special use permit subject to the stipulations recommended by staff. .Staff recommends the City Council adopt the Planninq Commission recommendation. BD:ls M-89-322 � 4A � STAFF REPORT -� APPEALS DATE C�� QF PLAI�NCi COMMISSION DATE : May 17 , 1989 FRIDLEY C�( �+a��+L �A� June 19, 1989 quTHOR BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES $ ZONiNG UTLfTIES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZON�IG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP 4�89-09 Phillips 66 Company For 400 square feet of retail space. 7295 University Avenue N.E. The property is 2.39 acres N/A M-2, Heavy Industrial North, R-1 and R-2, single family and multiple family; South, M-2, Heavy Industrial (vacant); East, M-2, Heavy Industrial (vacant); West, C-2, office and sutomotive uses. Municipal utilities available to the site. Fees will be required at time of building permit applicatio N/A Yes Yes Site has accepted runoff from adjacent property. Approval with stipulations. m Staff Report SP #89-09, Phi113ps 66 Page 2 REQUEST The petitiarier is requesting special use permit approval for approximately 400 square feet of retail sales in conjunction with an automotive service station. Section 205.18.O1.C.(3) requires a special use permit for commercial uses within an industrial building. An automotive service station is a permitted use in the M-2 district. The City Attorney has interpreted the Code to require a special use permit for the retail sale of the grocery/convenient qoods (see attached). . Four pump islands are proposed with a potential expansion of the canopy and an additional two pump islands. Also proposed on the site is a detached car wash building. BACKGROUND The property has been zoned M-2, Heavy Industrial, since 1958. The property was platted in 1980. ANALYSIS The M-2 district establishes six performance standards to evaluate aommercial retail uses in the M-2 district: l. The maximum gross floor area cannot exceed 30� of the buildinq's total floor area with no such individual tenant exceeding 5,000 square feet. The total area of the gas pump island and service building is approximately 5,940 square feet. The proposed retail area at 400 square feet is 14$ of the total square footage. 2. support full occupancy of the buildinct. The traffic generated by the gas pumps is accommodated by the parking surface around the gas pumps. The total square footage of the building alone is approximately 750 square feet. Five parking spaces are required and the site plan indicates six parking spaces. 3. Only wall mounted signs subiect to limitations of the Citv Code, shall be �ermitted. The petitioner does not propose any wall signage for the convenience retail use. Signage is proposed on the canopy and a free standing pylon sign is proposed for the automotive use. It should be noted that the ordinance requires a maximum height of 25 feet. The plan indicates 30 feet. The proposed sign area is 91 square feet. The ordinance permits a maximum of 80 square feet. 4C Staff Report SP #89-09, Phillips 66 Page 3 4. 5. �y the Institute of Traffic Engineers on streets and at intersections. The traffic attributable to the convenience retail is smaller than the traffic that will be generated by the permitted use of the automotive service station. Entrances are proposed onto 73rd Avenue and on the University Avenue service road. A median exists in 73rd Avenue, thus causing the proposed entrance to act as a right- in and a right-out. The location of the intersection meets the 75 foot intersection separation requirement of the zoning ordinance. The traffic generated from the retai2 use or the automotive service station will not affect the level of traffic which will cause the traffic counts on 73rd Avenue or the service road to exceed their capacity. located. The property is bounded on the east by the Northco Business Park, on the west by University Avenue, and commercial uses on the west side of University Avenue. Duplexes and single family zoning are located north of the site across 73rd Avenue. The zoning ordinance requires a 100 foot building setback when the property is adjacent to residential districts. The building and canopy are located approximately 68 feet from the property line. The structure must be shifted to the south in order to meet the setback requirement. This would also increase the separation from the neighborhood. Several changes to the landscape plan should also be made in order to provide more screening and to provide more native species. The following changes to the landscape plan are recommended: A. Locust species should not be used. B. The 12 inch Ash and 14 inch Boxelder on the north boulevard must be removed. C. Gro-low Fragrant Sumac shall be used instead of the Spirea in front of the car wash area. D. Southerland Juniper should be used instead of the proposed Colorado Blue Spruce. E. Bur Oak should be used as a boulevard tree instead of the Sumit Ash. Eight Bur Oaks should be planted along 73rd Avenue and the University Avenue service road, planted 60 feet on center, instead of the proposed Locust trees. The Bur Oak species is proposed in other areas along the bikeway. � an� FRIDLEY CITY COIINCIL MEETING F�DL ATTENDENCE SHEET MONDAY J (,({�IE I� , 1989 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER � Staff Report SP �89-09, Phillips 66 Page 5 RECOMMENDATION 4E Given the proposed location of the use, confined in the corner of the intersection, coupled with appropriate landscaping, there should not be adverse impacts from the proposed use. Planning staff recommends the Planning Commission recommend approval of the special use permit, SP #89-09, to permit 400 square feet of commercial retail at 7295 University Avenue N.E., subject to the following stipulations: 1. 2. 3. The site plan shall be revised such that the canopy and building meet the I00 foot setback. The landscape plan shall be revised as follows: A. Locust species should not be used. B. The 12 inch Ash and 14 inch Boxelder on the north boulevard will have to be removed. C. Gro-low Fragrant Sumac shall be used instead of the Spirea in front of the car wash area. D. Southerland Juniper should be used instead of the proposed Colorado Blue Spruce. E. Bur Oak should be used as a boulevard tree instead of the Sumit Ash. Eight Bur Oaks should be planted along 73rd Avenue and the University Avenue service road, planted 60 feet on center, instead of the proposed Locust trees. F. Clusters of Quaking Aspen should be used on the south side of the parking area toward the existing vegetation stand. The Gro-low Fragrant Swnac should be mixed with the proposed Juniper plantings. G. Six inch shredded bark mulch should be used for qround cover area. H. Multi-colored stones should not I. A continuous 36 inch planting between the parking area abuttin of berming and planting is also A car wash is not permitted. be used. strip must g streets. A acceptable. be provided combination 4. There shall not be outdoor operation of lubrication equipment, hydraulic lifts or service pits or the outdoor display of merchandise. The display of petroleum products between pumps or the temporary display of inerchandise within four feet of the station building is permitted. 5. The property shall not be used as a place of storaqe or depository of wrecked, abandoned or junk motor vehicles, or the sale or display of used motor vehicles. 4F Staff Report SP #89-09, Phillips 66 Page 6 6. 7. The sign plan shall be revised to comply with the standards of the sign ordinance. The petitioner shall convey a 15 foot bikeway/walkway easement along 73rd Avenue N.E. PLANNING COMMISSION ACTION On a 4-2 vote, the Planning Commission recommended approval of the special use permit subject to the recommended stipulations of staff, except for Stipulation �7. Because a bikeway/walkway easement was already dedicated, the ariginal stipulation was deleted. It was replaced with the following: 7. If necessary, the petitioner shall obtain a permit from the Army Corps of Enqineers prior to the issuance of a buildina permit. STAFF UPDATE The petitioner has submitted a plan indicating that less than one acre of the wetland area will be filled. Therefore, an Army Corps of Engineers permit is not necessary. Stipulation #7 can be deleted. Staff has also been directed to begin an analysis of closing the service road between Northco Drive and 73rd Avenue. Northco, Inc., has submitted a letter (attached) stating its concern regarding the proposal. CITY COUNCIL RECOMMENDATION Staff recommends the City Council approve Special Use Permit request SP #89-09, to permit 400 sq. ft. of commerciaZ retail at 7295 University Avenue N.E., subject to the following stipulations: 1. 2. The site plan shall be revised such that the canopy and building meet the 100 foot setback. The landscape plan shall be revised as follows: A. Locust species should not be used. B. The 12 inch Ash and 14 inch Boxelder on the north boulevard wiZl have to be removed. C. Gro-low Fragrant Sumac shall be used instead of the Spirea in front of the car wash area. D. Southerland Juniper should be used instead of the proposed Colorado Blue Spruce. 4G Staff Report SP #$9-09, Phillips 66 Page 7 E. Bur Oak should be used as a boulevard tree instead of the Sumit Ash. Eight Bur Oaks should be planted along 73rd Avenue and the University Avenue service road, planted 60 feet on center, instead of the proposed Locust trees. F. Clusters of Quaking Aspen should be used on the south side of the parking area toward the existing vegetation stand. The Gro-low Fragrant Sumac should be mixed with the proposed Juniper plantings. G. Six inch shredded bark mulch should be used for ground cover area. H. Multi-colored stones should not be used. I. A continuous 36 inch planting strip must be provided between the parking area abutting streets. A combination of berminq and planting is also acceptable. 3. A car wash is not permitted. 4. There shall not be outdoor operation of lubrication equipment, hydraulic lifts or service pits or the outdoor display of merchandise. The display of petroleum products between pumps or the temporary display of inerchandise within four feet of the station building is permitted. 5. The property shall not be used as a place of storage or depository of wrecked, abandoned or junk motor vehicZes, or the sale or display of used motor vehicles. 6. The sign plan sha12 be revised to comply with the standards of the sign ordinance. SP �89-09 Phillips 66 Co. S �/2 SEC. //, T 30, C/T Y OF FR/OL £Y 0 � 3� 10 IL . , . , �cENrEe� . ` , � � � �/ � � � 3`FL` n _ •JN•w.�:q'W A�LM j�--�--� - T- : .«,..., ��r :: . y . �, --�—_' .:�2y,�.,t,.•..�,•.a D �.,r.,,.�•.. � `° z TRACT A irr" �" ' ' � ' � - - : � � ' f � � �: M.¢ ..iqs.,,.,.,,, � . � � � II t '' � �`.. .- I y!' ' �• '�* "-i` �.r:�7,. I +� ' � i' �I _ � ' � ..r' � ( ��I �i '[) � �^" ' i r ,...., p� • � � E ' A dYt,c.fii` i � • ,# 7i.. - , � •J � � / f + i � K �� ; i � } � ` V , r. _"�ii�. ,��( `�� (I� ��p � ---=;1 ;�: ' , � ��,�� REGISTERED � , TRACT s.�, JQ` � � ,s., � � " a t � . Y _ LAND : � � . - : , i O ,. � .m�. =, � ti=,� � ; + SURVEY �' ' F \.p� � fnr) , W �'3;' ` •`` : _ , r0 � � �` •°°� `�' . N0. 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Herrick, May 3, 1989 Phillips 66, University and 73rd MEMQRAf�DUM 't rne 'v Ci y Atto y 7his Memorandum is in response to your verbal inquiry concerning a proposed development by Phillips 66 on the southeast quadrant of University Avenue and 73rd Avenue. You have advised me that Phillips 66 is planning on building an automobile service station at this location. In addition they have indicated that they wish to construct an attached convenience store and a detached car wash. You have advised me that this property is zoned M-2 or heavy industrial. You have also asked four questions. These are: 1. Is an automobile service station authorized in M-2 zoning? 2. Is an attached convenience store authorized in M-2 zoning? 3. Is a detached car wash authorized in M-2 zoning? 4. The Fridley city code, Section 205.18D(4) provides that whenever an industrial district is adjacent to a residential district permitted buildings on the industria� property shail not be closer to a street right of way iine, abutting a residential district, than 100 feet. Your quest�on relates to the point from which the 100 feet is to be measured. My answers to the above questions are as follows: 1. Fridley city code 205.18 lA(8) lists automobile service stations as a permitted use in an M-2 district. 2. A convenience store is not listed as a permitted use in an ��I-2 district; nor can it be considered an accessory use as defined in Section 205.18 16. If a convenience store is to be permitted in an M-2 district, it must be through the provisions of 205.18 1C(3). The uses enumerated in this section are tF�ose that can be allowed subject to obtaining a special use permit. This section Suite 205, 6401 University Avenue N.E., Fridley, ILlinnesota 55432, 612-571-3850 4C� . Y Barb Dacy May 3, 1989 Page Two does permit corrrnercial retail in industrial buildings. It is my opinion�that a convenience store included in a gasoline station was not the use that the council had in mind when this section was adopted; however, the language contained in the section may be determined to be broad enough to include the convenience store requested by the applicant. The applicant must demonstrate that the proposed store meets all of the requirements listed in A through F in this Sub-Section. If the council finds that a convenience store is not specifically allowed in Section 205.18.01 C3, then the proposed use is excluded by 205.18.01 2A. This section provides "Any use allowed...in any other district unless specifically allowed under uses permitted of this district, are excluded in M-2 districts." 3. A car wash or a motor vehicle wash establishment is not listed as a permitted use in an M-2 district. Neither is it listed as a use permitted with a special use permit; nor can it be considered as an accessory use as defined in Section 205.18 16. A motor vehicle wash establishment is listed as a use permitted with a special use permit in a C-2 district. The fact that it is ]isted as a permitted use in a C-2 district and not in an M-2 district indicates a conscious decision on the part of the city to authorize this type of establishment in a commercial area. Section 205.18(2)A states "any use allowed...in any other district unless specifically allowed under Uses Permmitted in this district are excluded in M-2 districts." Based on the quoted section of the Fridley Code, it is my opinion that a motor vehicle wash establishment is prohibited in an M-2 district. 4. As indicated above, buildings in an M-2 district are required to have a 100 foot setback from adjoining residential districts. Section 205.18D(4) states that the permitted building shall not be closer to a street right of way line abutting a residential district than 100 feet. It is my understanding that 73rd Avenue abuts a residential district. Therefore, the distance between the proposed service station and the south right of way line of 73rd Avenue must be at least 100 feet. VCH/lal 4P�4 r Lt�TE: [�I�y 1:�, 19d� CiTY uF FitIL�LEY 7TEVE BILLIP�i�aa GviJNCILMAN WtiF�i� 1 MEMOkr�NLUrI iu: Wiiliam iY. t�urns, �ii.y Manager ;-tE: ^LOali3tu GF UNIir'ERSITY SEF�JICE R��AL� AT r.3RL i wc,uid likr tn t:�ke jtist• :� mamer,t• to clariry t•ne pot��nt•� al p,•oui��...._ �:: �i�is are�a. ileibnboz•s ut•�• e��neerr�eci wi-th the �-�d�itior�.ai t.Y'c't2 i 1C ai� r:irci r1vc .��.s �-� 2r;'Stllt GT %xJ_1. Ur 'ti1P GCVG'ZOPriI?E;TI% �C�'1F'C1111.F'Cl t-�� i•��!i�' �'l�tG�� lIi t:"!1.S c'T��:i �:� t'rie n�xT cc,_lUle ar years. iizey are �iso cc�ncerr�.��i •.ait�n t��e iricr�: :s� 111 't�ir. IlUq:�r�A' Of C�Y'1VCF7�.}% CUL ;, £tL1C� in-cer ;!�'Ct1Ur1S et101'!i; L�IF� :jllLlr•(J `;1.:=t� :�i the str�� r . ! Hs w� prcpare plans �jnd speci�ications fr,r thE re�uild r,f 7:�rc1 Nv�,:�. , it• would seem �,n appropiatc time t�� c�e investignting t'r�e many ��urc� cuT.� %1ZJI1� �i}'1C s��°atn sidF� ar tn� s�.r�et. Hs I laol� at tn�� trea irc•n: t.;niv�x��i+.y t�ve. to �tie Hasz, I see a�osibie r�ew ciriv�w�y an tY:� .�o�:� ��.i:��4; i,�sop isack, a possi�lt� new c'trivcway to t•he i�orthcc� DevC14F?ment ��i�F•, and ar� up�radir�� oi an existir�g driveway at the Nort't�co �itr� :.r►t��: � :� rull blown strf�et, ali of these in additi�r� to thG exist.ir�� intrrsecti��n with the sPrvice drivc. In particular, '1 WOU'1Ci lil�e a stiazf review oi the srrvicc drive irc�r.� �i.•� intersection with 73rd to the ir�tersection with Northcc� Lrive, wit'r� a view towards closin� this seciion of the service drive. I would rurtner ask that a review L�e made of the possibility of taking tY�e westeriy one-half �i the roadway and making this a bikeway/ walkway, and vacatiir�g the easterly one-half ror sale to the adjacent property owner. 'The above w�uld provide ingress and egress to the area much the sam� �s exists today, however, the northerly acces� would be along Northco lirive to the service drive, and would be considerably iarther away from the intersection of University Ave. and 73rd. This would provide far greater saiety to the traveling public. The above would also prevent ' people from going straight north from the existing service drive into the residential neighborhood seeking a route �aarth to avoid the I congestion at 73rd and University. I would request that any study includ� the positive and the neeative il�l�4�rts �f t�his, or any alternate scenarios, have on the residential ��'r��c��1��s nax'th �f 7 3rd � and south of 69th avenues . At this time, it would also be prudent to inform tne owners and developers of the Northcv, and the Soo Line sites, s� that they can ractor any possible roadway realignments into their sit� plans, ar►d �herei�re, t.he City will not be held resp��nsible for �ny ioss ai d��e �� . 4Q 4R� \(>iZ"CHC:O ,' �, June 6, 1989 Mr. Steve Billings Council Member City of Fridley Fridley Office Plaza Building 6401 University Ave. NE Fridley, MN 55432 Dear Councilman Billings: I have been studying your proposal of May 19th regarding the possible vacation of the frontage road in front of our Northco Business Park. Our entire business park plan, including our Barton Aschman traffic studies, and the construction underway is predicated upon and relies on the location and function of the frontage road in its present alignment. If traffic were re-routed along Northco Drive it would create significant accass problpmc for our sites and disrupt the circulation within our plat with through traf f ic . We suggest that the simple solution to keep traffic from entering the neighborhood north of the frontage road would be to relocate the driveway entrance opposite the frontage road to the east. We are opposed to a change in the frontage road in front of our sites. We do agree that a curb cut between University and the frontage road along 73rd is poor planning and we continue to be concerned about the proposed Phillips 66 Station. I would appreciate the opportunity to discuss this with you further. Sincerely, � / t� , ,. .: . bc432nor.lj cc: Barb Dacey Northco Corporation 1201 Marquette Ave., Suite T10 • Minneapolis, MN 55403-2461 •(612) 332-2212 • fax number: (612) 332-8909 � _ --- - ----- -- . 6123328909 M A Y- 1 6- B 9 T U E 1 4: 0 3 N O R T H C O G O R P. P. 0��_ . .. -..�......- - • . • •. , _ _ . � i .. lls. Sarb Dseny �tay ib � 1989 Pa�a 2 6. We oppose locatin� �ltiple bui�diags on this small lot. gurthermore, tba plan �iven to us by Phillips 66 seemed to ooatanplate a lot split in order to lesve a portion of tbe zite for later develop�eeut. W� t►�va troub2e snvisioning xhat other sm�i use could go on tbe site that �ouid be compatible with the srea• We vi¢w a 1ot split is inappropri�ste aad probabiq comt=ary to lot si�e sequirements oi the �oaing ordi�naacs . 7. Your repart says nothing about �►etlands. Our maPs designations for the site that xill require. permits. V�ry truly yours. e�rlson bc434nor.mlp �eem ta abov aetl.and st minim�, filling 6123328909 MAY— 1 b—B9 TfUE 1 4� 02 MdORTtiCO CORP . F' � 02 . _ . � _ � __ .. _ .. _� . _ .�.. . . . ..4 Hay 16, 1989 Ma. Barb Dacey planning Coordinator Cfty of Fridley Civic Cer�ter 6431 Uaiversity Ava. li1E Fridlty, t'Q+i 55432 . . . . . . . . .. _..., . ,.��. �X FAX RE: Proposed Phill�ps 66 Station, �3rd a�nd Uni�rcrsity Av¢aas Dear Barb: After revieWing your staff report oa the propo�ed Phillips b6 Station, we want to go on record aith our thoughts on tha subject. Northco does not see atty advasstage ta the praposal either for Frid�ey or our development. At best, another filling �tation is a negative. It adds nothing to tiae co�tmity that is not slxeady pre.��nt in abtutdar►ce. We would prefer to sde tha aorner of 73rd ar�d University Av�nue developed aa an office, bank, medical cliaic or other professional or commwnity-relatsd use. We i�ave the following specific su�gestions arid eomiments: i. The �ross iioor az�ea af the building is 750 squsxe feQt. W� don't think the csnopy are� should be eounted. The retaii sras is, therefore, 53� of the �ross floor area. 2. Signs shauid strictly �t tode if the n.se is pexa►ftted. $,� We think Bzrtoa Aschman oz aaotiur another tra�fi.c en�ine.er should bs braught in bp tha city to rsvie�r volvm�s. tvrninS move�eats and the vi�ability of the 73rd Ave.�ue curb cat. 4. HiaYimum setbacks sho�td be str�ctly obs�rvsd. 5. We agree tiiat your oxdiaanee alearly does aot permit a rar �rsah. North�p Corporation t20t Marquetce Ave.. Suitr t!0 • Mrnr,�polis. MN SS4f13-216J • t�i21 ?3?•22T2 � Fix nui»b�r: fbT?I �3��9 � � G1YOF F�� CQ11I1MUNITY DEVELOPMENT DEPARTMENT M EMO RAN D LiM DATB: June 14, 1989 �'� TOs William Burns, City Manager �� FROM: BIIBJECTs Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Establish Public Hearing for the Sale of Excess Property at 1220 - 52nd Avenue N.E. The City obtained title to the above referenced property as a tax forfeited parcel on January il, 1974. A portion of the property is needed to accomplish the realiqnment of 52nd Avenue N.E. The realiqnment has not yet taken place but can occur at any time. Since 1973, the parcel has been used as a driveway access to the South Fridley Apartments. For the last seven years, the apartment owner has maintained the City's property and the existinq driveway. In the fall of 1988, the City received complaints regarding the use of the lot for parking for the apartment residents. At that time, the City advised the apartment owner that parkinq was not permitted on the lot. Analysis The driveway over the subject lot serves an important traffic and safety purpose. Without the access throuqh the lot, the apartments would operate on only one driveway from 52nd Avenue. Further, in an emergency situation if the driveway was blocked, access to the rear of the property would have to be gained by adjacent properties. Also, one driveway would force all the traffic throuqh the parkinq lot to the existinq driveway. The City taill need to retain an easement for the street realignment. Approximately 10,625 sq. ft. will remain after subtracting the easement area. After applyinq the 35 ft. front Betback and the 28 ft. rear setback„ a buildable area of 30 feet in depth remains. A smaller size home could be.constructed on the property, but the home would be constrained by the easement and the setbacks. Further, construction of the home would elimfnate a secondary access for the apartments. - Establish Public Hearing for Sale of Excess Property 1220 - 52nd Avenue N.E. June 14, 1989 Page 2 Staff has approached the owner of the South Fridley Apartments to begin negotiating a sale price for the property. At the writing of this report, staff has not heard from the apartment owner as to his proposal for a sale price. Planninq Commission Recommendation At the June 7, 1989, meeting, the Planning Commission recommended that the City sell the property to the apartment owners so that proper traffic safety is maintained and that the property can be returned to the tax roll. The Planning Commission stipulated approval upon the provision that parking is prohibited and that landscaping be strategically installed on the property to enforce the no parking stipulation. City Council Recommendation Section 12.06 of the City Charter states that City property shall be sold or disposed of by ordinance. Typically, the City Council has conducted a public hearing prior to passage of the ordinance. Staff recommends the City Council establish July 10, 1989, as the public hearing date for the sale of the property at 1220 - 52nd Avenue N.E. � BD:ls M-89-323 � 5A N !/2 SEC. cirr � C/TY Of � 21 � .I.,CORY[R .«w+. � � _ N �• sr.r .i.,± 1 .� . ,Wt., k,� . �a ` �t. n� �u I' W w�i � . : � � •tt� • M �lp W J.._ � r•. : � M � `_ z �. Z Ilp ON �_= a�yE t p� �P f�u '1 t ]�L e �C Vl �� • i�p e �. Gl � Ml A' 1,.�,.. � �1i t � � -+� �� o,� t0 i �. . � t u�Y L�P n� n � •y `C( �{ . 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" � : � + ' � ., � •,� , � . . �. .� . _ _ . v -� � _ ¢ 3 : � OL r , ,�. !' . : _ � �'�f • o c�i:� tia.t -,. r : --ca � _¢ .. � .J � �5 �� .�.. . . , .. . � 1 . - �'� � ' . . , ; � . N . � �n�iy .. .. � o � ? � . H ��yw . � � Q Y , � i ., "J , c� } - . : . � o k., � �'��w. � � {' � v ? �Q J ' s 'ry s � � � . � . . . $ t l� � Q � t ,: / • , � o� �;. � F- � �. ' � � � . : � �. - � �? : 1� ; ,� ' p., , 2 ��° � ,-� „,. ►� . � �:3. �� . � r., . v ��c �-- _ 4 - r � ' � . .. . . - �. , � . . �, . - �; �.�. �.� � . � . �� ; � _ ..�, _� , O t �. � . _ . i ; � - . ; i S �f � �� "i: -; " , . � .. , . .. . �'�A� 'z��: ..=t� ��!: ' �If � �; , i ., �. , . . . . -•a�. . ., _ K � O 1 �� Q Q O � h � � 7� � � � ! � �. � cinroF Fr�n��r m �01t/IMUNIT'Y DEVELOPMENT DEPARTMENT MENtORANDLiM DATE: June 14� 1989 �r TO: William Burns, City Manager�;(` FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator BIIBJECT: Establish Public Hearing Date for Drainage/ Utility Easement/Vacation on Outlot 2, Gena-Rae Addition Attached is a memorandum describing the background and necessity to vacate the easements identified on the attached location map. Staff recommends the City Council establish July 10, 2989, for a public hearinq. The Planning Commission will review this item on June 21, 1989. BD:ls M-89-324 � TO: FROMZ DATE: Eng�neering Sewer Water Parks Streets Maintenancc MEMORANDUM William W. Burns, City Manager John G. Flora,(LPublic Works Director ��,lyde V. Moravetz, Engineering Assistant ( June 7, 1989 SIIBJECT: Outlot 1, Gena-Rae Addition Obsolete Drainage and Utility Easements Lying Within Certain Tracts of Registered Land Survey No. 94 PW89-127 ec. 6A Perhaps the first place to start with regard to the above- referenced property is to give a brief history of the proceedings that have involved the property. Originally, outlot 1 of Gena-Rae Addition was platted with a drainage and utility easement along the north and west six feet. The next substantial proceeding that occurred with relation to the property was the condemnation proceeding performed by the City of Fridley establishing the property as park land. Registered Land Survey Number 94 was performed to establish the easement right-of- way for Creek Park Lane, which is identified as Tract J of Registered Land Survey Number 94. �he creation of Creek Park Lane also created three remnant parcels of property north of Tract J but still lying within the original bounds of Outlot 1, Gena-Rae Addition. These tracts are identified on Registered Land Survey Number 94 as G, H and I. (See attached map). The City Council subsequently made a determination that the property represented by Tracts G, H and I was ill-suited to be maintained as park property and Ordinance Number 868 declared said property to be surplus property and that the same could be sold to a private individual. In the meantime, the six-foot drainage and utility easement, as originally set forth in the Gena-Rae Plat, had not been eliminated by the condemnation proceeding, and had not been carried forward in the Registered Land Survey Number 94. In reference to the same, said six-foot drainage and utility easement would now run along the northern six feet of Tracts J, G and H. That same six-foot drainage and utility easement also runs the full per�:meter of the original Outlot 1 which would include the westerly six feet of Tracts H, I and J and the easterly six feet of Tract J. • ., � � . � Page Two - PW89-127 The continued existence of the six-foot drainage and utility easement encompassing Outlot 1 of Gena-Rae Addition was brought to our attention pursuant to the purchase by a Fridley resident of a home located on Tracts D and H of Registered Land Survey Number 94. The question has been raised regarding the vacation of all or parts of the original six-foot drainage and utility easement encompassing Outlot 1 of Gena-Rae Addition. When the property represented by Tracts C, D, E, G, H and I was developed by a private individual, the City Council placed certain conditions on that development, one of the most important being the fact that adequate drainage and utility easements were provided. Those newly-established drainage and utility easements were established without reference to the original drainage and utility easement. In fact, it was not realized at that time that the original six-foot easement was still in existence. The fact that the subsequently-created easements are adequate for drainage and utility purposes indicates that the vacation of parts of the original six-foot drainage and utility easements would be proper. Recommend the City Council vacate the drainage and utility easements affecting the north 6 feet of Outlot 1, Gena-Rae Addition lying within Tracts G and H of Registered Land Survey No. 94 and the east one foot of the west 6 feet of said Outlot 1 lying within tracts H and I of Registered Land Survey No. 94. (See attached draft ordinance). I further hearing fo Commission meeting, 2) hearing on JGF/CVM/ts Attachment recommend the City Council: 1) Establish a public r July 10 at their meeting of June 19. The Planning can review the City initiated vacation at their June 21 Have the first reading of the ordinance after public July 10, 3) Schedule second reading for July 24. - „ • .-• �_ h � h v, .[� - � � h � ' '� '-y �-: 1.% � N N .0 N � o � c�ty of Fridley � � ; � � %% t; ��: � � � SAV �89-03 ,��. � � p h _. � � ^— — ` � o � --_ — ! t� �� r'' 75.00 ' �PB.'f 4 O�� v O � � � °� N 7. . 96.sc • •: d. � • �'�. - 0 � : S 47'/7~E . � tV � f"' {{� • � �.-� • ji~ � � 2 � � f .t � . �,, (' � � • ' a a '• � . �� H �' ' `� � �. , T � O � � � `. a f � � r� q 1J . � a. � �i .� �., ,�_'j � � , � r: � . ��. � � � -- � .^r /�� GENA-RAE ADD. •' � �� ' � � ♦ ,-� ��. ----- —� t . E' � � � `� ' . ��. �'.,��' '� •' ...�y.3f.....-.. /63.f... . ��..y _..?49~•• , --•. . �`', !S8B°47%7"E'•. 77. � r- • 7 •lo r -. •~�' � ,__. -- 1 . �.�,/IIE. hf, 5�� ,, ...• �. .r�� o's -� GEA � �,' '' . , �" .d '� I ADl Gof 6 �,�\k�'' � � �i'�ti�" p.Z9 � �.� �- l��,/ .� • H .W � f ' � oA� � ,y ,1r 0 ; �'� s8B'44'�T"E V � ,, '{ � �� e `�4 \, oq �' 3.09 �s �r o � � � r -, � 5 : ; ,, � � �'� ,j �,0 38 0� � ., . ,,1 .�� r;�Y Q` e�, y� sp�9' p1 �3 I h• y ..� � , .� � � �.:,' a o s,o � p M. �� : ; � . �. , . `� j-'--- � �� ° �r�%,. N88'46'f8"l� ' . �•` ; � s� .� S 00 : . • I ' . I `� ' '>/.� 00 „ :''.ti �'� y . . —}-- '' \ d�s"s��j� � `o` � _ �' � r � � . . ��' . ��5 ��y 3'� . o � � � � � � � r'�.o � I� 5 0� _, . , � ' 3 - ji• �'�r��^. � � �� + ' �; �_ , ,�_�_ . , L. . ti • � _. � i,%r_ •, ✓ � _ s� � o i'1 �' I '� %� / .. /: : ._ h I �_ . & :� � � S88°46'fd"'E -' � � _3 � ;:, h F 2 � .. . ; � J • � tt� ; 4p I . ' ;�, � w r ,, �:� I eO r� � -: ,, . O � » * v * � � �� , I Z � ;r: '� � � � i ` 0 V . . �` I . �-• � . , . i �. . ��/ r ' �r,' . •� � �J� h • - . • � � •��' ^ �, % � � /Bo. 07 's�: : � �� ? . � : ° 2'//"'I'Y �"' �— . 'k � . r � N8B S � � d � •,, � ' � I •�' � . i�a q ; � ; ,� . ,� � ��.,e� NE%� f'ov fh /i�� NE �.� _ S�B°47'/7'E � _ �. 4 °� . ,; . C � ��. l G � �•JC'�M'I'f'E . Q � i , R.�f3.a! . b � � ��' TA /L � � . Nof fo sca/e ` � . � _ _ _ -,� c � � crnroF F�� C011/1MUNITY DEVELOPMENT DEPARTMENT MEMORANDLiM D71T8 s June 14 , 1989 To: William Burns, City Manager �.� FItOM: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator BIIBJECT: Request by Francis Anderson to Reconsider Council Action of October 15, 1979 Background Mr. Anderson owns property located at 7748 Elm Street N.E. and legally described as Lots 8 and 9, Block 7, Onaway Addition. The property is zoned M-2, Heavy Industrial. Mr. Anderson lives in the home on the subject property. In 1979, Mr. Anderson received Council approval to construct a 30 ft. x 32 ft. steel pre-fabricated qarage. The property is considered non-conforming because a single family home exists on this property. On October 15, 1979, the City Council approved the construction of the garage with the stipulation that the qarage be removed upon the sale of the property or ten years from October 15, 1979, whichever came first. Secondly, the property was not to he sold for residential habitation with the garage on the property. A�alysis Mr. Anderson has listed the property for sale at this time. An interested buyer, Mr. Greg Granqruth, inquired as to whether he could operate his sandblasting business within the garage, and live in the home until he could save enough money to build an industrial building on the property. Staff advised Mr. Grangruth that his proposal is contrary to the Council action of October 15, 19?9. Mr. Anderson has requested to be on the agenda to discuss the 1979 Council action. Mr. Anderson is requestinq that the Council reconsider its action in 1979 and permit him to sell the property for residential habitation with the garage on the property. � Request by Franci Council Action of June 14, 1989 Paqe 2 ;- .<<��- .. .� s Anderson to Reconsider October 15, 1979 It appears that the intent of the Council stipulation was to give the property owner adequate time to convert the property to a conforming use within the M-2, Heavy Industrial District. Reversing the 1979 motion would continue a non-conforming use. Staff recommends that the City Council maintain its motion passed in 1979. It should be noted that the property immediately south of the subject property is vacant and also for eale. From a land use viewpoint, the best solution would be to combine the two properties. This may or may not be able to be accomplished by Mr. Anderson.- BD:ls M-89-325 7A , � '�B LQCATION MAP � 1� �� a � l �� • i i �'- •��• Z • � • O • �� • � • • i ,�� s��, � ,• • • • ��7 � �� - ,_^< '. i ' . :.' .�= i • • �; : - % �: �: ■ � � � � � � � � - � Z�NING MAF� _ __ -- � - -_ : . � . „�..�.� -�,�,.... : :: �.,.,�..�.�..�,� . �_ _ ---_ _ _. . :.�.. ..-.��.�.� .. . _ � � 28�� .� PUBLIC NEARING MEETING OF OCTOBER 15, 1979 Page 4 regarding the plan so changes they feel ar for regional develop- nent can be made. He stated th ust have some prehensive planning completed and �he capi rovements and implementatio strategies approved by Dec�nber 31 . He stated the City is trying to mee the desired goals to accompl the comprehensive planning process by the en of this year. He stat it is necessary to hold public hearings before th Planning Com- nissio and the City Council regarding.this Comprehensive P an. Ne stated. once e plan is approved by the Counc�l, it has to be subm�tted to neigh- bori g camiunities for their comnents to be forwarded to th Metropolitan Cou it. He stated the Metropolitan Council also reviews t e plan regarding reg onal policies. Mr. bardman briefly sumnari=ed the direction of the Comp hensive Plan as t relates to the key issues of land use, envirormenta resources, housing, par and recreation and transportation. Mayor\ should Mr. He volves i t. stated he had a lot of comnents regarding discussed at a conference meeting. k, City Attorney, stated he hasn't seen t �cement or interpretation, he indicated, plan and felt it plan, and if it in- vvould like to review Councilman Schn ider stated, in the Housing Sect�on where reference is made to 2,300 additio 1 housing units, he asked i� Ehey could obtain the correct figure. ' Mr. Boardman stated t figure has chan9ed ewhat, but tfie policies haven't changed that rtwch and t's can be discusse at the conference meeting. Mr. Qureshi stated that no 'ce was given hat this was a public hearing on the Comprehensive Plan. MOTION by Councilman Fitzpatrick o cj se the public hearing. Seconded by Councilman Schneider. / Councilman Schneider stated all Coc6nis 'ons have done a commendable job in bringing the pian to this present/form. e stated the pianning staff and the Comnission have put a lot of/work into his Comprehensive Plan. Councilman Fitzpatrick stated �Se concurred wi�Councilman Schneider's comments and felt the staff ayfid Comnissions des rve a lot of credit. UPON A VOICE VOTE TAKEN O�NE FtOTION, all voted a�e, and Mayor Nee declared the motion carried unani usly. Mayor Nee felt som�thing should be done to make this document availd le to the public. Mr. Boart�rian stated it is avail- able at the library an City Hall. Mayor Nee stated i.f the City receiyes a similar document from ther surrounding cities, it doesn`�t really state what is proposed. Mr. Boardman stated the actual proposals wodid be in the capital improvements and irt�p�e�nentation document. '� Councilman Schne'kfer questioned if staff had any idea of the co t to prepare this plan. Mr. Boardman stated the total cost was about532,000, ith �22,000 being paid by he Metropolitan Council. Mr. Herric asked if the plan was submitted to the Chamber of Comnerce nd other lo civic groups. Mr. Boardman stated he has met Nith several ups and rev� ed the plan. Mr. ureshi su99ested furthpr discussion of the plan at a conference meeting a then deter,�ine faw the Council wishes to proceed. OLD BUSINESS: �f CONSIDERATIO�� OF A REQUEST FOR BUILDING A STEEL IiUILDING GARA6E FOR AN EXIST- �, /� ING IIOUSE AT 7748 ELM STREET IN A NON-CO?�FORt4ING 1NOUSTRIAL ARCA TABLED 10/1/79): Mr. Qureshi, City Manager, stated this is a request from Mr. Anderson to � build a steel garage at 7748 Elm Street. F!e stated staff's concern was that the garage would be an extension of a non-conforniing use and a step further away from the policy the City has maintained regarding non-conforming uses. D � I i 1 � � ; i i � � � I � i _. ; � i� 285 PUBLIC HEARING MEETIN6 OF OCTOBER 15, 1979 Page 5 Counciiwoman Moses stated she has looked at the site and the garage is pr�- posed to be three feet from the building. She stated she understands that Mr. Anderson Nants the 9arage to store his vehicles. She felt industrial .development has to conform to a certain design, and looking at this particutar lot, putting in the garage Mrould not make the appearance better in terms of -an industrial area. Mr.. Anderson stated he has been trying to sell the property, but needs the garage to work on his vehicles. He requested at least a temporary permit. since the building he proposes to put up could be taken down at some future •:date. Mr. Herrick, City Attorney, stated he would be of the opinion that the Council would not have the authority to allow the owner to construct or enlarge the •residential structure on the premises and that would i�clude building a garage for residential purposes. He stated, however, if this building is to be used -for industrial purposes and meets the requirements of the zoning code for use :as an industrial purpose, then he would say the Council would have the author- -ity to permit the construction of this steel garage, provided the necessary variances are obtained and a case can be made that there is a fiardship that .would entitle him to the variances. Matyor Nee questioned what variances would be needed in order to permit him to .construct the garage. Mr. Qureshi stated a 20 foot setback from the property line is required, .therefore, a variance would be needed for this requirement. xouncilman Barrtette feit, based on the City Attorney's opinion, that tfie 9arage �could.be permitted if•it was used for industrial purposes and sugsested, if �the 30 x 32 foot steel garage was built, it should be with the stiputation that the garage would be rertbved upon sale of the property and that the pro- :perty not be sold for residential habitation with the garage on the property. Louncilman Barnette stated he didn't think Mr. Anderson would sell the property for �esidential use. Mr. Anderson stated he wouldn't because the house isn't worth anything. Mr. Herrick, City Attorney, stated he would have some question if Councilman .Barnette's suggestion, regarding the stipulation, was enforceable since he was saying the property could be sold for residential purposes, providing the garage was taken do►+m. Councilman 6arnette stated what Mr. Anderson is requesting now is a t�nporary use of his property to get a garage up to maintain his equipment. Mr. Anderson stated it has come to a point where he has to�have someplace to wurk on his vehicles during the winter. He stated he would be agreeable to Councilman Barnette's suggestion to take the garage down. Mr. Herrick felt Councilman Barnette's suggestion is probably a good compromise, however, if Council takes action it should be done in terms of a stipulation � 1..-� and should be filed in the abstract so persons are aware the garage is a terry�- orary structure and it has to be removed if the property is sold. He felt Lc--�"" there should also be some limitation on the number of years the garage could � be there so it is not permitted beyond a certain time, even if the property isn't sold. Mr. Qureshi felt there should be an effort to clean up the front yard of the property and provide some screening. Councilwoman htoses stated, in other industrial areas, they are required to fence and screen the equipment and stated this property riould look a lot better, if this was done. Hr. Qureshi felt the question is if they should proceed with a variance. Mr. Herrick stated if the permit is to be gi�ren for the garage, he Nould have to obtain the required variances. Mr. Nee stated, if Councilman Barnette makes a motion, in line with his sug- gestion, and it is adopted by Council, it would also intend to grant the vari- ance so questioned if they could expedite the variance procedure. E i Zt,ei � PUBU C_HEARING MEETING OF OCTOBER 15, 1979 Page 6 Mr. Boardman asked Mr. Anderson if there was any way he could build the garage on the property so a variance wouldn't be required. Mr. Anderson stated he would be driving across someone else's property. if it was put in another way. Councilwoman Moses felt they aould be expanding a non-conforming use and indicated she was not in favor of it. Mr. Anderson stated he would never have rezoned the property, if he knew he couldn't have a garage. He stated he rezoned it for the benefit of the City in order to provide more industrial land. He stated he could go to the neighboring property owner and get their approval to put the garage within five feet of the property line. . Mayor Nee felt there were two questions involved, the first one is whether or not Councilman Barnette's suggestion in the form of a rtwtion would be approved; and if it carries, there is the question of the variance. Mr. Boardman stated Mr. Anderson does have enough land so he could construct the garage, without the need of a variance. Mr. Anderson stated, if this was done, he would have to make a turn and go over his grass. Councilman Barnette stated, if the garage�coUld be located so as to avoid the need for a variance, it would save considerable time. Mr. Qureshi stated Council could make a motion gi�•ing him authority to proceed, if the variance is not required. MOTION by Councilman Barnette to approve the request by Mr, Anderson to build a 30 x 32 foot steel prefabricated garage on this non-conforming use property, aith the stipulation that the garage be removed upon the sale of the property, or 10 years from this date, whichever comes•first. �nd that the property not be sold for residential habitation, with the garage on the property. Seconded by Councilman Fitzpatrick. Mr. Herrick, City Attorney, stated if the motion passes, he would like staff to have the authority to prepare the substance of the motion into a viable agreement. Councilwoman Moses stated she is sympathetic to Mr. Anderson's need for a gar- age, but felt the whole area should be cleaned up. UPON A VOICE VQTE TAKEN ON THE ABOVE MOTION, Councilman Barnette, Councilman Fitzpatrick, Councilman Schneider and Mayor Nee voted in favor. Counciiwoman Moses voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. CONSIDERATION FIRST READING OF AN ORDINA(JCE TO REZONE FROM C-2S to M-1. ZOA p79-06 FO COP�STRUCTION OF NEW INDUSTRIAL BUILDING BY AMES E. LONDON AND MICHAEL D. GA NUCCI 7582-8 ABLE STREET: MOTION b uncilma ider to waive the reading and approve the ordinance upon f' st reading. econ by Councilman Fitzpatrick. Upon a voice vote, all oting aye, Mayor ee decla the motion carried unanimously. TION by Councilwoman Mo es to authorize ent of Claims No. 275A30 through 85635. Seconded by Coun 'lman Schneider. n a voice vote, all voting aye, yor Nee declared the mot n carried unanimous . OURN�IENT• t MO N by Councilma.n Barnett to adjourn the x�eting. Se ded by Councilman Schne er. Upon a voice vot , all voting aye, Mayar Nee dec d the motion carried unanimously and the ublic Hearing Meeting of the Fridl Council of October 15, 1979 adjourn d at 9:20 p.m. Respectfully'submitted, Carole Haddad 5ecy. to the City Council William J. Nee lSayor � �� Fi i : I � I Approved•� ' -- ---•---- __ : __. _ -•— ------ ' r OUSMG and REDEVELOPMENT AUTHORRY COMMiSS10N MEMBERS: LAWRENCE COMMERS, CHA�iMAN OUANE PRARE VIRCNIA SCHNABEL WALTER RASMUSSEN JOHN MEYER CITY OF FRIDLEY D!►TE a TOz l�ROM: BIIBJECT: June 14, 1989 3 . William Burns, City Irlanaqer �'� r Jock Robertson, Executive Director of HRA Fridley Plaza Ramp At the March 6, 1989, meeting of the City Council it was informally agreed that the City would deed to the HI2A the balance of the land upon which the parking ramp fs eituated and that the City would then reserve unto itself a non-exclusive easement for the use of this property. Further, it was also recommended that the City enter into an aqreement with the HRA wherein the City would have express authorization to use this ramp for public purposes. In order to accomplish this, the City Attorney provided you with a proposed Ordinance._ It has subsequently been determined that the legal description contained within that proposed Ordinance was in error and that a portion of the addition to the City Hall will encroach on the most westerly portion of Lot ?. Consequently, the property has been resurveyed and a new legal description has been prepared. Enclosed you will find a revised Ordinance which incorporates the correct leqal description. Also for your reference, you will find a copy of the leqal description which has been prepared by the surveyor, as well as a copy of a portion of the survey which ehows the respective parcel. Consistent with the previous direction provided by the Council, I would ask you to have this proposed Ordinance placed on the Council agenda at its next meeting. The Public Works Department estimates the annual maintenance�costs for the ramp at approximately $6,000 per year. In addition, the Public Works Director estimates that every four years there should be eome concrete sealing and stall stripinq for a total cost of $3,500. . The City and the �enants of the Fridley Plaza Office building will be the main users of the ramp. On June 8, 1989, at their regular meeting, the HI2A aqreed to split both the anhual and the periodic maintenance costs urith the City and recommended approval of the attached proposed aqreement. . EXECUTIVE DIRECTOR: JOCK ROBERTSON a431 UNIVERSITY AVE. (Q 1 Z� aT 1-3460 FRIDLEY, MN 55432 EXT. 11T 8A Fridley Plaza Ramp June 14, 1989 Page 2 I recommend that the City Council adopt: (1) the revised Ordinance; and (2) the attached aqreement concerninq the construction, maintenance, and use of the ramp. JR:ls M-89-318 JR:ls C-89-282 ORDINANCE NO. - 1989 AN ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY The City Council of the City of Fridley does ordain as follows: Sect:ion l. That the City of Fridley is hereby authorized to convey to the Fridley Housing and Redevelopment Authority the following described property to wit: Al1 .that part of Lot 7, Block l, Fridley Plaza Center, Anoka County, Minnesota lying easterly of the following described line: Commencing at the northwest corner of Lot 14, said Block 1; thence North 89 degrees 58 minutes 45 seconds East, along the north line of said Lot 14, a distance of 13.00 feet, to the point of beginning of the line to be described; thence North 0 degrees 47 minutes 15 seconds East a distance of 213.23 feet to a point on the line common to Lots 6 and ?, said Block 1, said point being 3.00 feet westerly from the southeasterly corner of said Lot 6, and said line there terminating. Subject to a permanent non-exclusive easement for parking ingress and egress and other public purposes. Section 2. 'I'hat in conjunction with the granting of this deed the City further waives pursuant to Section 211.05 of the City Code, any requirements for subdivision approval� due to the fact that this conveyance is consistent with the overall plan for the development of this area and was tacitly approved by the City in 1982. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS - DAY OF , 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA. CITY CLERK Public Hearing: First Reading: Second Reading: Publications: (ORDINANCEI/ii&N 3-21-89) : : _ LOT SPLIT for Fridtey H.R.A. rnkcrr. n ' All tt�at p�rt of Lot 7� Aluck 1. FriJley . I'laza Cr•nter, Anoka Cuun[v. Minnesota. lyin� ea�G��rly of thc followin� describeJ li�ia: ' Conm�rncing at the nurthvrtiC corner of l.��t 14. ��id 131ock 1; Chence Nortl� �9 degrecb 58 minutes 45 se�onds Far�t, alon� tiie north liuc uI` r:aid l.ot 14. a dist�ncc of 1i.00 fcet, to the point of be�;innln� of tl�e line to be desc:ribeJ; tl�enr.c Nortii 0 Jegrees 47 minut�:c 15 : . Heconds �::i:i[ 8 �jttCiJlll`C Of �.�,13.��1 [NCC to :� point on the 11ne cummon to l.oCs 6 �nd 7, s�iJ Bloc•k 1. e;�id point being 3.00 tect wes[erly from tl�e soutl�easterlv corner of �said Lot 6. and said line tl�ere terminating. 0 !'AKCkL B ` ' ` .�11 tl�at p:ir[ of l.�t 7, Block 1. l�rtdle�� Plaza t:cntcr..Anoka County� Minnesota. lyin�; acsrrrly ut' tl�c followin� descrLhed linc: a Cuaunencin�; ar thc nortl�ac�t corntr oC Lot 14, �at� Block 1; tl�ence Nortl� 89 dcy;rees SS minuces 45 second� East. w, alon�; thc nor[h linc of said Lot 14, a distance of 13.00 fect, to t1�c point of be�;inning of the 1Lnc to be deRCribed; tl�ence Nurtl� 0 de�;r.�c�s 41 minute� 15 seconds: East a distance of 213.23 fcat to a point on tl�c linr comown to Lots 6 and 7, r��i� Block 1. said poin[ being ,3.00 feet veRtcrly from tl�e southear�terly corner of s11d Lot E+. nnd .- said llne thcre terminatlnK. ♦ 8C � i r J � 8D � , � � � s o: __ � O N � I —s— D ^ � � � �� . . . � ; . m � I ,� r � � _ "' '� ' ( . s s .E , � ( �� s � � . °' � � . _ �. 0 I 8 g ( � � � ( N � . . � I � I NM yY li'C -��o.se� . , I A 4r A� • ' I , I � ,.4 � � M � � M�. 9 �' !1� � N , 1 NO'»'00'W O f -�•� - . . I g NO�Y1'�i't�t�i.tl� 0•�. E .� .� J : � � M f ,Z w • g�► ► a � :�� . � y ; --- ` o� � '" ' : s s i ; � � s u.. � a r .i � s , +� ,, : • ^ c ( � r . � • • . � �' . , Y f � � r �' U --.___._.�._. _ . , _ �.. . ; Q o i .p � � s o �i '0 !! a ,�, . D � . ,� -� � � � �, .�. � � - — .... _wo-ss•os ui• �et.��'._.. ..• t . , � �� . i p A z �; �; : r � w . �, • V O A O, + . � . , � ��' .� i, � ' f . • '�� . o!o . ��oi�o. t• �i. . / ' �. � so•��•s�•G-��.�_ �� • 5th Street NE. , � AGREEMENT This agreement is entered into this day of , 1989 by and between the City of Fridley ("City") and tlze Iiousing and Redevelopment Authority in and for the City of Fridley ("HRA"). WHEREAS, the HRA is the owner of the property described in Exhibit A attached hereto and the City is the owner of the property described in Exhibit 8 attached hereto. WHEREAS, the HRA has agreed to �onstruct a parking facility on the property described in Exhibit C� attached hereto, which parking facility shall be for the benefit of neighboring businesses including but not limited to the Fridley Municipal Center, and WHEREAS, in consideration of the City conveying to the HRA the property described in Exhibit B, the HRA wishes to enter into this agreement for the purpose of formalizing its understanding with the City that the City shall have the non-exclusive right to use this ramp. NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. That the City shall have the non-exclusive right to the use of the parking facility which is located on the �. property described in Exhibit C("Parking Ramp"). This use shall be for all public purposes which are compatible with the operatian of a parking ramp including but not limited to vehicular parking, ingress, egress, and for pedestrian use. 2. That the HRA agrees to construct the parking ramp. 8E 3. That the HRA and the City agree to equally share the cost of maintaining the parking ramp in a state of good condition and repair. 4. That this agreement shall only be terminated upon the Dated: mutual agreement of both the City and the HRA. THE CITY OF FRIDLEY BY Its THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA Dated: By: Chairman By: Director THIS INSTRUMENT WAS DRAFTED BY: Herrick & Newman Suite 205 6401 University Avenue N.E. Fridley, Minnesota 55432 Phone (612) 571-3850 � (AGR10-14 H&N6/13/89) 8F 8G EXHIBIT A Lot 15, Block 1, Fridley Plaza Center, Anoka County, Minnesota. M EXHIBIT B All that part of Lot 7, Block 1, Fridley Plaza Center, Anoka County, Minnesota lying easterly of the following described line: Comraencing at the northwest corner of Lot 14, said Block 1; thence North 89 degrees 58 minutes 45 seconds East, along the north line of said Lot 14, a distance of 13.00 feet, to the point of beginning of the line to be described; thence North 0 degrees 47 minutes 15 seconds East a distance of 213.23 feet to a point on the line common to Lots 6 and 7, said Block 1, said point being 3.00 feet westerly from the southeasterly corner of said Lot 6, and said line tlzere terminating. Subject to a permanent non-exclusive easement for parking ingress and egress and other public purposes. �. L... 8H EXHIBIT C All that part of Lot 7, Block 1, Fridley Plaza Center, Anoka County, Minnesota lying easterly of the following described line: Commencing at the northwest corner of Lot 14, said Block 1; thence North 89 degrees 58 minutes 45 seconds East, along the north line of said Lot 14, a distance of 13.00 feet, to the point of beginning of the line to be described; thence North 0 degrees 47 minutes 15 seconds East a distance of 213.23 feet to a point on the line common to Lots 6 and 7, said Block 1, said point being 3.00 feet westerly�from the southeasterly corner of said Lot 6, and said line theze terminating. Subject to a permanent non-exclusive easement for parking ingress and egress and other public purposes. and That part of Lot 15, Block 1, Fridley Plaza Center, Anoka County, Minnesota lying north of the extension easterly of the north line of Lot 14, said Block 1, to the east line of said Lot 15. � 81 � Engineermy Sewer Water Parks Streets Malntenance MEMORANDUM TO: William W. Burns, City Manager��•�f PW89-141 FROM: John G. Flora; Public Works Director Mark A. Winson, Asst. Public Works Director DATE: June 14, 1989 BIIBJECT: Fridley Municipal Center Improvement Project No. 189 - Change Order No. 9 To date, the Fridley Municipal Center Improvement project No. 189 has eight (8) change orders previously received and approved by the City Council. Change Order No. 9 consists of Proposal Request Nos. 69, 71A, 76, 80, 81, 82 and 86, a demolition extra and a plumbing extra for the Municipal Center for a cost of $5,760.00, and Proposal Request Nos. 73 and ?5 and Work Order No. 1932 for the Fire Statian for a cost of $1,600.00. It would be appropriate for the City Council to receive and approve Change Order No. 9. The attached change order identifies the Proposal Requests and Work Order costs for the renovation project. JGF/MAW/ts Attachments 0 �, � • Q'TY OF FRIDLEY IIaGIl�IAIG L�PAR'II�1�Tr 6431 L�]IVF�ZSITY AVE., N.E. FRIDIEY, l�T 55432 Jw�e 19, 1989 KYaus-Ander�.,,on Oo�'LSt. �. 525 So. Eic�th St. Mirn�eapc�lis, I�T 55404 SIJB�7'�7GT: Q�ar�ge Order No. 9, Pi�osal Request Nos. 69, ?3A, 73, 75, 76, 80, 81, 82 arid 86, De�rolitiori l�ctra ar�d Plwmbit�g E�ctra, and Fie1d Work Orde.r No. 1932 far the FYidley Municipal �enter Ing�rwement Project No. 189 Getitl�: Yau are hereby ozdered, authorized, aKl instn�cted to modify ya� oorYtract far the Fridley Municipal Oenter Imprav�nerit Project No. 189 by �idir�q the followi�g wr�rk: �lcidition• P.R. _� l��i S'[JBO�I�fI'RAC'l��R � �AL 69. Flag pole deletions None (1,280.00) ($1,280.00) 71A. Coa,uzcil Ci�amber light fixtures Gephart Eleckric 3,150.00 3,150.00 73. Paitit Fire Dept. parapet walls (�.iillaunne 475.00 475.00 75. Hose tower modification Curran V. Nielsen 640.00 640.00 76. Electrical chariges for n�w kitchen ar�d sign pacJcage GephaYt Electric 830.00 830.00 80. Hufoor modifications W.L. Hall Co. 308.00 308.00 81. RAllup grill modificatioa�s S�iperior Aooess �ls 1, 775. 00 1, 775. 00 82. Harydicapl�ed sleeves Mir�etorilca I� 35.00 35.00 86. Anti-fract�u�e n�bratie Grazzini Bros. 315.00 315.00 D�lition extra Kranz 322.00 322.00 Pltanbiu�g extza Klam�n M�eci�anical 305.00 305.00 S1�btotal $ 6, 875. 00 . � KY'dus-At1t,�eZ"'�.�0[1 00[LSt. Oo. Ct�a�ge Oxder No. 9 Jtu�e 19, 1989 � � �;;.�� .:- �;�- � � � ):��►�i�: �;. . � �� ! �� 1� _ 1932 Reqmtie and �laoe . J l�o�e t:ower cbwn spout Q�rran V. Nielsoai 485.00 485.00 Subtvtal $ 485.00 Zb�tal pra��osa1 �ts. . . $6, 875. 00 To�tal Work prdex5. . . . . . 485.00 TOR'AL ADDITI�14 . . . . . . . . . . . . . . . $7,360.00 �v� «.r• �n •;� �la��.. Original Gb�t�tract am�ult . . . . . . . . . . . . . C�ontract Additions - C1�aage Order No. 1. ... - Q�ange O�der No. 2. . . . - Char�ge Order No. 3. . . . - Ct�at�ge O�ier No. 4. . . . - Change Onier No. 5. . . . - Ci�nge Order No. 6. . . . - Criaryge Ozder No. 7. . . . - Chai�ge Order No. 8. . . . - Ct�ar�ge Order No. 9. . . . 'J • �171� •�1 '!� •'h $3,419,1?0.00 16,570.00 8,975.00 21,157.00 30,700.00 31,000.00 51,486.43 35,457.16 16,676.00 7,360.00 $3,638,551.59 SukBn,itted and approved by Jahn G. Flora, Public Works Director, � the 19th of June, 1989. �..� l'� bY ChecJt,ed by � G. Flora, P.E. ir+ector of Public Works �ed thi.s day of , 1989, bY .•.. ��_ �.;:�+•.�.. �.: ,. .: Tan Sackett, �J� �� xraus-Arx3ezsos� oonst. o�. C2�ar�ge Order No. 9 Jtme 19, 1989 Fage Zhree Approv�ed arxi aooepted this 19th day of Jtu�e, 1989, by wy�4 •i• -,��-,, � i�-.,t'� Williantl J. Nee� Mdj�r Willia�a W. &1rns. CitY Man�s 9C E�gineermg Sewer Water Parks Streets Mamtenance MEMORANDUM 10 TO: William W. Burns, City Manager �•�' PW89-142 �' FROM: John G. Flora,�Public Works Director Mark A. Winson, Asst. Public Works Director /�� DATE: June 14, 1989 SIIBJECT: Change Order No. 1 for Street Improvement Project No. ST. 1989 - 1& 2 Change Order No. 1 for Street Improvement Project No. ST. 1989 - 1& 2 is submitted for consideration by the City Council at their June 19 meeting in the amount of $23,420.00. Items 1& 3 are requests from FMC. Item 2 is for the reconstruction of Commerce Lane and was missed in the bid documents. Recommend the City Council approve Change Order No. 1 to the Street Improvement Project No. ST. 19089 - 1& 2 for $23,420.00. JGF/MAW/ts Attachments • �. i CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDLEY, MN 55432 June 19, 1989 Gammon Brothers, Inc. 13845 Northdale Blvd. Roqers, N�T 55374 SUBJECT: Change Order No. 1, Street Improvement Project No. ST. 1989 - 1& 2 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Street Improvement Project No. ST. 1989 - 1& 2 by adding the following work: Addition: ITEM 1. 2. Relocate hydrant Additional Sod APPROX. QUANTITY 1 Each ,8,000 Sq.Yd. RIC $1,550.00 2.18 AMOUNT $1,550.00 17,440.00 1oA 3. Relocate light pole at FMC 1 Each 4,430.00 4,430.00 � TOTAL ADDITIONS . . . . . . . . . . . . $23,420.00� TOTAL CHANGE ORDERS: Original Contract amount. . . . . . . . . . . .$ 670,628.34 Contract Additions - Change Order No. 1. ... 23,420.00 REVISED CONTRACT AMOIINT $ 694�04$.34 Submitted and approved by John G. Flora, Public Works Director, on the 19th day of �Tune, 1989. ) .2 . .� Pr r by Checked by , � ,� J n G. Flora, P.E. irector of Public Works Gammon Brothers, Inc. Page Two Change Order No. 1 June 19, 1989 1 : Approved and accepted this day of , 1989, by G1�iISMON BROTH8R8, INC. Michael Gammon, President Approved and accepted this day of , 1989, by CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager Englneering Sewer Water Parks Streets Mamtenance MEMORANDUM �� TO: William W. Burns, City Manager ��, PW89-138 FROM: John G. Flora,�Public Works Director DATE: June 13, 1989 SIIBJECT: Advertisement for Bids for the 3 Million Gallon Water Reservoir AEC Engineers, the City consultant, has inspected the 3 million gallon underground reservoir and identified structural repair work inside the tank as well as necessary roof insulation and repair to the tank. Based upon the proposed 5-year Capital Improvement Program, we have scheduled the repair of this tank over 2 years accomplishing the insulation and reroofing of the tank in 1989 and the interior repair work in 1990. We are currently preparing the plans and specifications for the repair of the tank with roof to be accomplished this fall and the remainder next year. Recommend the City Council authorize the advertisement of bids for the repair of the 3 million gallon reservoir. JGF/ts 11 • � � Engineenng Sewer Water Parks Streets Maintenance . MEMORANDUM . TO: William W. Burns, City Manager �,� PW89-137 FROM: John G. Flora,�Public Works Director DATE: June 14, 1989 BIIBJECT: Repair of the 1.5 Million Gallon Water Reservoir The City has retained the consultant, AEC Engineers for investigation of repair work for our water reservoirs. AEC has investigated the 1.5 million gallon reservoir located on 53rd Avenue west of Matterhorn. As a result of their inspection, it is proposed that a vinyl liner be installed on the interior of the tank to preclude the penetration of water through the concrete and attack on the prestressed reinforcing wires. In order to expedite the repair of this structure, we propose to advertise the repair work this summer with three (3) options: 1) to repair the structure in the fall of this year, 2} to repair the structure in early spring, 3) to repair the structure in early spring with an accelerated schedule. By advertising the project at this time, we hope to evaluate the economy of accomplishing the work this year or next year. Recommend the City Council authorize the advertisement for bids for the repair of the 1.5 million gallon water reservoir. JGF/ts 12 � � Engineenng Sewer Water Parks Streets Main�enance MEMORANDUM TO: William W. Burns, City Manager F"� PW89-139 r � FROM: DATE: SIIBJECT: John G. Flora r Public Works Director June 15, 1989 Landscaping and Signage Bids for The Municipal Center At the June 5, 1989, Council meeting, the City Council received the bids that were prepared by Kraus-Anderson for the landscaping and signage of the Municipal Center Building and Parking Ramp. Bids were submitted to the HRA at their meeting on June 8, 1989. Since only one bid was received for each of the two contracts, it was recommended by the HRA that the bids be rejected and rebid. Based upon the review of the bids by our consultant, Kraus-Anderson Const . Co ., and the FiRA, we would recommend the City Council rej ect the bids for the landscaping and signage contracts and authorize the readvertisement of that work extending the completion period. JGF/ts � r; • �. � Englneering Sewer Water Parks Slreets Mainienance MEMORANDUM . TO: William W. Burns, City Managery� � PW89-135 FROM: John G. F1ora,�Public Works Director DATE: June 15, 1989 BQBJECT: Consideration for Installing a Monitoring Well on City Property. Delta Environmental Consultants, Inc. working for Rapid Oil Co. is doing a ground water monitoring evaluation of the Rapid Oil property on the intersection of 57th Street and University Avenue. This area had previously been a service station with underground fuel tanks. In their analysis of the property, they propose to install a down stream monitoring well on the south side of 57th Street in the boulevard in front of the SuperAmerica Gas Station. Recommend the City Council receive the petition from Delta Environmental Consultants, Inc. and authorize the placement of a monitoring well in the boulevard with the condition that the City be held harmless for any damages which should occur as a result of the installation and maintenance of the monitoring well and that the City be provided copies of the monitoring information for our records. JGF/ts Attachments 14 • 14A CITY Or FRIDLEY P�TITION CO'�R SHEI:T Petition No. 8-1989 Date Received June 13, 1989 � Object Installation of a monitor well on City of Fridlev property. (Rapid Oil Change, 5701 University Avenue N.E. by Delta Environmental Consultants, Inc.) P'tition Checked By Date Per.cent Signing Referred to City Cauncil Disposition 14B Delta �/� �o�s �� tst ��. 1801 Highway 8, Suite 114 St. Paul, MN 55112 612/636-2427 FAX:612/636-8552 June 5, 1989 City of Fridley 6431 Universitv Avenue Fridley, Minnesota 55432 Attention: Mr. John F1ora City Engineer Subject: Permit Request Rapid Oil Change 5701 University Avenue Fridley, Minnesota Delta No. 10-88-207 Dear Mr. Flora: I am writing this letter to request permission to install a monitoring well on City of Fridley properry. The exact location of the proposed monitoring well is illustrated on Attachment L This is a grassy area located adjacent to a SuperAmerica service stadon. The proposed monitoring well will be completed to a depth of approximately 33 feet in a manner similar to the well installation shown in Attachment IL The monitoring well shown in Attachment II is located on the subject site. The well will be protected by the use of an overlapping, locked metal casing and the placement of three protective posts at equal distance from one another and two feet from the metal casing. The monitoring well is scheduled to be installed in mid-June. Your office will be notified as to the exact date of well installation. Installadon is expected to be completed within one day. All areas disturbed during well installation will be restored to original or better condition. Pracacal Solutions to EnvironmeMal Conoems Mr. John Flora Delta No. 10-88-207 June 5, 1989 Page 2 14C Water level measurements will be collected on a monthly basis. Water quality samples will be collected on a quarterly basis. The well will be maintained for the duration of the project Upon completion of the project, the well will be abandoned as per the Minnesota Department of Health Water Well Construction Code (Chapter 4725). If y�u have any questions or comments, please feel free to contact me at (612) 636- 2427. Sincerely� DELTA ENVIRONMENTAL CONSULTANTS, ING � • Mary Siedlecki Geochemist MS:Ij Enclosures cc: Mr. Arthur Newby - Consoer, Townsend & Associates Mr. Robert Goltz - Minnesota Pollution Convol A,gency Y � u GRASS � W < Y � N � > � A i Q > < � u i �� • SDIL BORING LOCATIDN � M�QT�RING VELL LOCATION • PRDPOSED MOPIITDRING VELL LDCATIDNS p NORTH 40 SCALE FEET� � > c � f- H � > � � N N K � � 00 � � �► i� �� cl 3� �' � �� I ol �� Y � a � 3 I o I N I I yI � � � � i .) � I I I I � � I 14D S7th STREET GRASS i . SHRUBS pp�yE R , CAMPER STDRAGE -1 DUMP STATION CPLUGGED) ELECTRIC POVER TO BUILDING PMV-3 N Q PUMP ISALNDS � CREMObED) (,W,1I > SB-4� �-3 � BUILDING �ASS �SB-7 AREA OF � I Tnr�c I I D(CAVATI�I—F-� S8-S I 1 � 1 I I -2 I I PUMP ISLAND • _ J uter+ovEn>�_ _ SB-6 SB-2 � 57th STREET FENCE ' STREET DIVIDE /City of Fridley Property D�Ifo Envlronm�nfal � Conwltonta. Ine. ATTACHMENTI RAPID OIL CHANGE 5701 UNIVERSITY AVEN FRIDLEY, MINNESOTA DELTA ND. 10-88-207 ATTACHMENT II -• •�— r ' _---. � -- _*,r'\ : C �; r-• . — � • • � . .�� . . �� . . � � � � � �I� �,I'�• ��• � Ir' � � . �. Ii . � 1�i�1�; ''N �� PRD.;EC� Rapid Oil Cnanqe MDNITDRING vELL N0. MW-3 Fridley, MN DELiA N�. ?0-88-207 .---- vor�a car �oaccw v�� c� 4„ 5� IfAMETE.� u1D lMTERIAL � ;�„� �N steel _�C � � � �M �rov� c,�ca�a ' �M � � � �� 4' sacrete y�/��, w�T�Iµ �yay JQWT ME pF aSER p+� �" t h r e a d e d aaZvanized stepl � � �L � �� Neat cement ans� ff Fa.�e w+a �uave � aF �;� Red flint sand rnE ar ��e �an+e se�o+ � „� ��r,,� Stainless steel �� 10 slot OIRME"E� w10 �.�*IGT►r � SCRQ�1 2" 10' DE�T►i *0 'hE lOT7'�.r � �+ITPJiING vELL n�►+ Tc n+e �crra+ .� �-� s�wa naaa+�ss +wo rn� cf sFx D1M�E'E� ff ICRQI0.E l 1 � FT. L2� 23 �r. ��- 10 rr. � ♦ . 3 4 iT. A�S7ALLJ1TIC1 �PI.ETED� :}-, 1/13/89 -:,�, 10:00 0 14E 33' � � 34' 7 5/8." O.D. '� 14iiTORING VkL' VA1Ei �NEL !£ASURElEMfS DATE TD�E I VATER L£Vfl. • , tEASURE P�tti� � � o.Mo , :.�vironen�nfal ' //� tonawrenfs. ina CITY OF FRIDLEY CATV ADVISORY COMMZSSION MEETING� APRII� 20� 1989 ---------------------------------....._-------�-------------------- CALL TO ORDBR: Chairperson Stouffer called the April 20, 1989, CATV Advisory Commission meeting to order at 7:40 p.m. ROLL CALL: Members Present: Members Absent: Others Present: Ralph Stouffer, Barbara Hughes, Duane Peterson Burt Weaver, Robert Scott Clyde Moravetz, City of Fridley Mark Iiammerstrom, Nortel Cable APPROVAL OF JANUARY 19 1989 CATV ADVISORY COMMISSION MINUTE5: OM TION by Ms. Hughes, seconded by Mr. Peterson, to approve the January 19, 1989, CATV Advisory Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON STOUFFER DECLARED THE MOTION CARRIED IINANIMOIIBLY. I. NORTEL CABLE REPORTS: A. B. C. Receive First Quarter, 1989 Francbise Fee Due April 15 OTION by Ms. Hughes, seconded by Mr. Peterson, to receive the First Quarter, 1989 Franchise Fee, due April 15, 1989. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Operations IIpdate Mr. Hammerstrom stated Basic continues to go up. They might break 4,500 Basic subscribers this month, which has never been done in the past. Pay subscribers probably will remain steady. Rebuild �pdate 15 � 15A CATV l�DVISORY COMMISSION MEETING. APRIL 20. 1989 - PAGE_2 Mr. Hammerstrom stated the rebuild is proceeding much faster than they anticipated. About 26 miles of aerial cable has been put up so far. They have put up almost a mile of trunk line. They have spliced a very small portion of the distribution, and all the stranding to put the cable on through the system has been completed. They will begin the underground construction about May 1. They are hoping that all the aerial construction will be done by the end of June, and the rest of the construction should be done by early fall. With luck, they will be done with everything by March 1990. D. �eceive Annual Report 1. Annual 8ubscriber Survey and Results Discussion Mr. Hammerstrom stated they received a very good response from Fridley subscribers. He reviewed the survey one section at a time. Mr. Stouffer asked Mr. Hammerstrom if Nortel had any surprises as a result of the survey results. Mr. Iiammerstrom stated they found from the survey results that the phone operations, picture quality, audio, billing practices seemed to be all right, but what surprised them the most was the Complaint Practices Section. He stated 69$ said they had to call 1-2 times, 31 � said they had to call for any reason because they were dissatisfied over a 6 month period, but 48$ said the resolution of their complaints were poor and were never resolved. He stated that disturbed them very much, and for the future, they are looking at adding another comment asking that: "If you rated us poor or never, why?" Mr. Hammerstrom stated there are really two main areas of complaints: programming and service repair. Programming is hard to solve. Serqice repair is also a hard problem to solve; but from the comments, it seems what might be happening is that people-do not call and complain over little problems bu� wait until there is a bigger problem. Then, sometimes the technician fixes the main problem but not the original problem. He stated they have instituted a new practice that every time a technician makes a repair, the company will follow up with a phone call to the customer to make sure all the repairs have been made. That should hope- fully take care of some of the loose ends. 15B CATV ADVI80RY COMMISSION 1�SEETING. APRIL 20. 1989 - PAGE 3 II. ANOKA COUNTY COMMUNICATIONS WORKSHOP: a. 1988 Year-to-Date Financial Report OTI N by Mr. Peterson, seconded by Ms. Hughes, to receive the 1988 Year-to-Date Financial Report. IIPON A VOICE VOTS, ALL VOTING AYE, CHAIRPERSON BTOOFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. b. 1989 Income and Rxpenses Forecast MOTION by Ms. Hughes, seconded by Mr. Peterson, to receive the 1989 ACCW Income and Expenses Forecast. UPON A VOICE VOTE, ALL VOTING AYE, CSAIRPER80N BTOIIFFER DECLARED THE MOTION CARRIED UNANIMOIIBLY. c. Receive Director�s Marcb-April Report Mr. Moravetz stated that at the present time, the Commission receives monthly, quarterly, and year-end reports. Would the Commission have any objection to receiving the reports on a quarterly basis as opposed to a monthly basis? Mr. Stouffer stated he did not have any objection, as long as the quarterly reports are detailed monthly. Ms. Hughes stated that since the Commission is not meeting on a regular basis, whatever information is available when the Commission meets would be adequate. She also had no objection to quarterly reports. OTION by Mr. Peterson, seconded by Ms. Hughes, to receive the ACCW Director's March-April Report. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOQBLY. d. iteceive Minutes oi March 8, 1989, Meetinq OM TION by Mr. Peterson, eeconded by Ms. Hughes, to receive the March 8, 1989, ACCW meeting minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. e. Receive March 1989 Financial Report 15C �ATV ADV280RY COMMI88ION MEETING. l�PRIL 20. 1989 - PAGE 4 O ON by Ms. Hughes, seconded by Mr. Peterson, to receive the March 1989 ACCW Financial Report. IIPON A VOICE VOTE, ALL YOTING AYE, CSAIRPERBON BTOIIFFBR DECLARED THE MOTION CARRIBD IINANZMOIISLY. III. OTHER BUSINESS: a. FCC (Fridley Cable Consortiumj Mr. Moravetz asked if the Commission members had any objections to the FCC meeting quarterly as opposed to monthly. The Commission members had no objection to the FCC meeting quarterly. ADJOURNMENT: OM TION by Ms. Hughes, seconded by Mr. Peterson, to adjourn the meeting. IIpon a voice vote, all votinq aye, Chairperson Stouffer declared the April 20, 1989, CATV Advisorp Commission meetinq adjourned at 8:2o p.m. Res ctfully submi ed, � n e' Saba Reco ding Secretary FIRE DEPI�,RTlSENT MEl�ORPiNDU![ 89-6-4 M$KO TO: FROM: DATE: f !� �, . WILLIA�I W. BURNS, CITY I�ANAGSR �I ROBERT D. aLDRICH, FIRE CHIEF ��)� JDN$ 15, 1989 SUBJECT: WEST S2iTELLITE FIRE STATION BIDS Bids for the West Satellite Fire Station project were received and opened on June 6, 1989. Four bids were received for this project. The apparent low bid is the bid of Dailey Construction of Blaine, MN, in the amount of $167,500.00. I have met with representatives of Dailey Construction and their subcontractors to discuss the plans and specifications of this project. I am confident that Dailey has bid the project in conformance with the plans and specifications and can complete the project as specified. I recommend the City Council accept the bid of Dailey Construction and enter into a contract to construct the West Satellite Fire St�,'�i�n . RDA/ss K 16 . _, W z W d O � m 0 m � 0 � Z _ 0 Q � a H O H Z 0 � a � N W d' � W WG'3p� JF-ZOQ e O �-+ �--� � � ►-+ J Z .-+ OC J W Q I.iWd H O �D O O LL Q O O t/1 O W •• O � Z .r CU >- Q C� _ •--� F- ^� � �r {� r+ U O C� Z O H U � � � N O V ; �.f:. ; '.t;... . o: � O Q � H- O �� \ � � � � � � � � /. � � �1 � �� 0 �� U � � ' C � � O C �_i O I V `. � i. �1-- .F-i 4-� � � � I T O �� c_� i C � O C N O r .1J Q1 V1 Y � Y r0 .� C� .� o � � � � � � \ � r� V � O �� S �` � � � �� , V � � � � � �� h.h 1 i 0 � � �� 0 � � � � ni �� ao. �� 16A C C � C I Q• 0 o i � o � � •r- •r •r � +� � � I .N � •.- +.i (J CJ j O. U C) � e'S L i. •r � , O �- •L � � rCJ i� N L I i +� i-` I � C) v+ v► a� � �. v+ v � a v� c c u c a� � w O O G� � E= O .- �..+ U U O U w � �n c W O i L O C � s- i +-' C� F O N O N � a �n al O � t � li r RS 1 � � r- 1-> Q Q� O i � � ' .- � L L tn � i U O �O O � rt3 I �O R3 � O C1 �O .. O [Y_ I _ U �G V O m 7 j--- --1- 16B CONTRI�ICT CITY OF FRIDLEY CONSTRQCTYON OF !i SATELLITE FIR$ STaTION This Agreement made and entered into this day oi , 1989, by and between CITY OF FRIDLEY hereinafter re€erred to as the CITY (Party of the First Partj and DAILEY CONSTRUCTION COMPANY hereinafter referred to as the CONTRACTOR (Party of the Second Part). WITNESSETH: That the CONTRACTOR, in consideration of the covenant and the agreement of the CITY hereinafter set forth, and for the sum and price of $ hereby agrees that: WHEREAS, the City has heretofore asked for proposals for the furnishing of materials, iabor, and equipment and the use of the CONTRACTOR' S equipment and plan�, for the purpose of : CONSTRUCTION OF A SATELLITE FIRE STATION and appurtenances thereto, as shown on the plans and as set forth in the Specifications now on file with the City, and that; WHEREAS, the CONTRACTOR has submitted a Proposal in response thereto, which has been accepted by the CITY, in which the CONTRACTOR agrees to and shall furnish all necessary materials, labor, use of tools, equipment, and plant and everything necessary to perform the work desiqnated and set forth in the Contract, including all CONTRACTOR'S superintendence, and to furnish everything necessary for the completion of the Project and to put the entire system into complete working condition. FURTHER: The CONTRACTOR aqrees, under penalty of a Corporate Surety Bond in the amount of 100� of the total Contract, to compiete the work under the contract in accordance with the Contract Documents. The Contract Dxuments consist of the following component parts, all of which are as full a part of this Contract as though therein stated verbatim, or if not attached, as if hereto attached: 1. 2. The City of Fridley Plans & Specifications included with this Contract. This "Contract" between the City and the Contractor. 3. Any Modifications or changes in the terms of the Contract or Bid or additions to or deductions from_the amount or character of the work which is to be performed or which may be agreed to in writing by the Contractor and the City. Page 2 The CONTRACTOR agrees to pay all persons furnishing labor and material in and about the performance of the CONTRACT; and the CONTRACTOR will, within ten (10) working days after the acceptance of the CONTRACTOR'S Bid execute this Contract and furnish a bond to be approved by the City in a sum equal to 100� of the full amount of the Bid. The CONTRACTOR further agrees to take all precautions to protect the public aqainst injury and to save the CITY harmless from all damages and claims of the CONTRACTOR or the CONTRACTOR'S Agents or Employees while engaged in the perfonaance of this Contract and will indemnify the CITY furnished as aforesaid and against all loss by reason of the failure of the CONTRACTOR in any respect to fully perform all obliqations of this CONTRACT. The CITY agrees to pay the CONTRACTOR for the performance of this Contract, and the CONTRACTOR agrees to accept as full compensation thereof the prices set forth within the attached Proposal. The CONTRACTOR and the CITY agree that all of the terms of this Contract shall be bindirig upon themselves, their heirs, administrators, executors, legal and personal representatives, successors, and assigns. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this day of , 1989. WILLIAM W. BURNS, CITY 1+iANAGER WITNESS WITNESS i_S • 4: � _ � � CITY OF FRIDLEY by WILLI2iM J. NEE, MAYOR ;_� • �t� •s � CONTRACTOR by NAME (TITLE) lllr' 17 CITY OF FRIDiEY M E M O R A N D II M � 2 . rd TO: WILLIAM W. BIIRNS, CITY MANAGER p� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECT: RESOLIITION TRANSFERRING FIINDS FROM THE CAPITAL IMPROVEMENT FIIND TO THE FIRE STATION CONSTRIICTION FIIND DATE: JIINE 15, 1989 This resolution should go along with the bid opening for Fire Station Number 3. By passing this resolution, we will transfer $239,000 to the Fire Station Construction Fund. 17A RESOLIITION NO. - 1989 A RESOLIITION AIIT$ORIZING THE TRANSFER OF FIINDS TO THE FIRE BTATION CONSTRIICTION FIIND FOR THE CONSTRUCTION OF SATELLITE FIRE STATION NQMBER THREE WHEREAS, the City of Fridley has included in its Capital Improvements Program the construction of Satellite Fire Station Number 3; and WHEREAS, the construction of the Fire Station is to take place in 1989. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley authorize the transfer of funds from the Capital Improvement Fund to the Fire Station Construction Fund in the amount of $239,000. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 18 FIRE DEPART!ffi�IT �•a •� �i i 89-6-5 �� JI�' l�IEl�IO TO: WILLIAIrI W. BURNS, CITY MANAGffi2 Uf � FROK: ROBffi2T D. ALDRICii, FIRE CHIEF ��" '�, DATE: JIINE 15, 1989 SUBJECT: RELIEF 1�iSSOCIATION BY-I,l�WS The attached resolution is for City Council action approving a change in the By-Laws of the Fridley Firefighters Relief Association. This approval is required by legislation governing Relief Association By-Laws. The By-Law change has been approved by the Association membership i�s annual meeting in May, 1989. Approval by the City Council will allow the Association to forward the changes to the State of Minnesota as required by law. RDA/ss P.S. As per Bob Aldrich, this will not have any financial impact on the City. PROPOSED RELIEF 1�iSSOCI�iTION BY-L�►FI REVISION April 5, 1989 Explanation: At it's January 18, 1989 meeting, the Board reviewed the issue of Special Fund liquidity to pay groups of retiring firefighters without prematurely selling investments, whicii would result in a loss of anticipated investment income. Wher► the current by-laws were adopted, the membership was advised that this subject would be addressed. As individual retirement accounts g�ow and members retire in groups having common 20 year anniversary dates, the potential for liquidity problems increase. Currently, a member's benefit application must be reviewed by the Board at a meeting following receipt of the application and the benefit paid within 30 days of the Board's approval of the application. The Board recommends that the rule be changed to state that payment must be within 90 days of the day that the application is given to the Board. The 90 day rule protects the member from the Board not promptly reviewing and approving the benefit application. The 90 day period also gives the Board more time to have liquid funds avaflable to pay the benef it . . p�o,gosal: Amend Article IV, Section 5, last paragraph on the January 1988 By-Laws revision by deleting that paragraph and inserting: Payment will be made no later than ninety (90) days fo.11owing date of application. �y-Law Ame dment ProceciLr� : Article VIII of the by-laws provides that the by-laws may be amended by providing the written proposal to the members 30 days in advance of a special or regular meeting during which the proposal is acted upon. This proposed amendment will be considered for final adoption at the Association's annual meeting on May. Members not at the April Special Meeting will receive a copy by mail. Chuck McKusick for the Board of Trustees CM/ss � �: 18A RESOLUTION NO. —1989 RESOLUTION APPROVING �NDMSN'P TO THE FRIDLBY VOLUId'i'Effit FIR.SFIGHTBRS R�LISF A.SSOCIATION BY—L�iWS WHEREAS, the Relief Association By-Laws provided for the payment of a pension benefit to an eligible retired firefighter within 30 days of the Association Board's approval of the benefit application; and WHEREAS, the 30 day period could require the Board to liquidate some investments in time deposit certificates before maturity of the certificate; and WHEREAS, the Board and all members of the Association have adopted an amendment to the By-Laws to allow a 90 day period to pay said benefit, commencing with the date the benefit application is received by the Board. NpW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, that amendment to the Fridley Volunteer Firefighters Relief Association By-Laws allowing payment of a lump sum pension benefit to an eligible retiree no later than 90 days following date of benefit application, is hereby approved. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989 ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Y WILLIAM J. NEE - MAYOR . MEM ORANDUM � city of fridl�y WW18R1 C. Hu�t - _ d4s 1 Npi��rstty A��au• N.E. Fri A 1� y, Y I A A� S O t• s s a s z Assiatent to the City Manager Pbon• �a�z)s»-a4s0 ,�, MEMO TO: WILLIAM W. BURNS, Y MANAGER �?1 FROM: WILLIAM C. HUNT �, ISTANT TO THE CITY MANAGER SUBJECT: LOAN TO THE FRIDLEY HISTORICAL SOCIETY DATE: JUNE 15, 1989 The Fridley Historical Society has approached the City of Fridley for assistance in completing the landscaping surrounding the Fridley Historical Musewn including the installation of a sprinkler system in accordance with city requirements. On Monday I spoke with Fern Moe, President of the Fridley Historical Society, and she indicated the willingness of their Board of Directors to accept a no interest loan from the City of up to $7,000.00 payable over ten years. The attached resolution would authorize such a loan. It has been reviewed by the City Attorney. I request that you present this resolution to the Fridley City Council for action at their meeting on June 19, 1989. � � m �9A RESOLIITION NO. - 1989 !� RESOLIITION AIITHORIZING THE LOAN OF MONIES TO T8L FRIDLEY HIBTOAICAL 80CI8TY WHEREAS, it is in the public interest to preserve the historical records of the City of Fridley for future generations; and WHEREAS, the Fridley Historical Society is renovating the former Hayes Elementary School to serve as a historical museum where the above mentioned records can be properly preserved, exhibited to the public, used for educational purposes, and made available to scholars; and WHEREAS, as part of the intended renovation completion of landscaping improvements, including installation of an underground sprinkler system, is necessary to meet city requirements; and WHEREAS, funds are available through grants and donations to pay for other improvements of the Historical Museum, including a lift for handicapped accessibility, but funds are not presently available for required landscaping improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that $7,000.00 be transferred from the emergency reserve of the general fund to the City Council division of the Legislative Department to be available for a loan to the Fridley Historical Society not to exceed the same amount of $7,000.00 under the following conditions: 1. Contracts with vendors shall comply with the City's purchasing regulations. 2. The City will pay an amount not to exceed $7,000.00 to the appropriate vendor or vendors upon receipt of an invoice from each vendor together with a full lien waiver of all labor and materials; certification of satisfactory completion from the Fridley Historical Society, and signing of a promissory note to the City of Fridley for the purchase amount by the Fridley Historical Society. 3. One tenth (1/10) of the total amount of the loan shall be payable on the anniversary of the f inal payment by the City of Fridley in each of the subsequent ten (10) years. 4. There shall be no interest charged on the loan. l [-J : PASSED AND ADOPTED BY TIiE CITY COUNCIL OF THE CZTY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK MEMO TO: 11ILLIAM W. FROM: IiILLIAM C. SIIBJECT: DATE: BQRNS CITY MANAQER �� r� HUNT � 1188I8TANT TO THE CITY MANA(iER RESOLIITION CONGRATIILATING THE CITY OF FOORMIES ON T8E OBS$RVANCS OF BICENTENNIAL $VENTS JIINE 15, 1989 This year marks several mutual bicentennial events for France and the United States. A group from Fridley will be travellinq to France and will be in Fourmies, our Sister City, for the observance of Bastille Day on July 14, 1989. In cooperation with Sister Cities of Fridley Jim Froehle has been preparing a special document suita_ble for framinct which contains French and Enq i ex s of both thp Ri11 nf Z2irt}�tc ar�A t�a __ g��lOTI Of ��- lQ S O Man Citizen. It �c thp ir+to„t tha� this ocume mies to be presented to the Cit of Fourmies as ntennia o servation. I ee s ppropriate that the document be accompanied by forma esolutio from the City Council. Since the group from ey leaving on June 28, I request that the accompanying resolution be presented to the City Council for adoption at its meeting of June 19, 1989. 20 . RE80LZT'PION NO. - 1989 lil REBOLIITION CONGRATIILATIN(i THE CITY OF FOIIRMIEB � FRANCE � ON THE BICENTENARY OF T88 FRENCH REYOLIITION AND THE PROCLAMATION OF TSE DECLARATION OF THS RIQ�HTS OF l[AN AND CITIZEN WHEREAS, the year 1989 marks the two hundredth anniversary of both the French Revolution and the implementation of the Constitution of the United States of America with the inauguration of Georqe Washington as first President and the convening of the first Congress; and WHEREAS, in addition, the year 1989 marks the two hundredth anniversary of two landmark documents in the history of human rights: The Declaration of the Rights of Man and Citizen decreed by the French National Assembly on August 26, 1789, and the Bill of Rights of the Constitution of the United States passed by Congress on September 25, 1789; and WHEREAS, the Cities of Fourmies, France, and Fridley, Minnesota, in the United States of America, have entered into an Agreement of Friendship as participants in Sister Cities International; and WHEREAS, a delegation from the City of Fridley will be visiting the City of Fourmies durinq the bicentennial observation of Bastille Day, July 14, 1989; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that congratulations be extended to the City of Fourmies, France, on the occasion of these bicentennial events. BE IT FURTHER RESOLVED that the President of Sister Cities of Fridley, Clynell Moore, be authorized to present to the City of Fourmies on behalf of the People of Fridley a document containing the texts of the Declaration of the Rights of Man and Citizen and the Bill of Rights as an indication of our esteem and as a mutual pledge to respect and honor the rights of all human beings. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19TH DAY OF JUNE, 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 20A � CITY OF FRIDLEY M E M O R A N D O M � TO: WILLIAM W. BIIRNB, CITY MANAGER �'� FROM: SHIRI,EY A. IiAAPALA, CITY CLERR BIIBJECT: SLECTION JIIDGES FOR THE BPECIAL ELECTION DATE: JIINE 15, 1989 The attached resolution appoints election judges for the July 18, 1989 Special Election. The judges have been chosen from the lists that were provided.by the Democratic-Farmer-Labor Party and the Independent-Republican Party. We have selected judges from both the DFL and IR lists in accordance with State $tatutes. If you have any questions concerning this resolution, please let me know. Attachment 0 21 21A RESOLUTION NO. - 1989 RE80LIITION DEBIGNATING POLLINa PLACES AND APPOINTING ELECTZON JIIDGES FOR T8E JIILY 18, 1989 SPECIAL ELECTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regular meeting on June 19, 1989. SECTION 1. SECTION 2. SECTION 3. That on the July 18,1989, there shall be a Special Election: That the polling places for said election shall be as follows: Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 1 Precinct 5 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Grace Evangelical Free Church Hayes Elementary School Fridley Public Library Fridley Covenant Church Fridley Senior High School Woodcrest Elementary School Knights of Columbus St. Philip's Lutheran church North Park Elementary School Springbrook Nature Center Redeemer Lutheran church Stevenson Elementary School Rosyln Park Wesleyan Church That the polling place will be open from 7:00 a.m. to 8:00 p.m. ' SECTION 4. That the following people are hereby appointed to act as Judges for said election except that the city Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter. WARD 1 PRECINCT 1 *Carolyn iiolmen Gay Gronlund WARD 1 PRECINCT 2 *Alice Anderson Carolyn Bethel WARD 1 PRECINCT 3 *Bernadette Bovy Rosemary Johnson Sandy Gorman Marjorie Rosin Doris Nord Angeline Westman Irma Kelly Dee Truehl Page 2- Resolution No. - 1989 WARD 1 PRECINCT 4 *Alice Mol Jane Hosman WARD 1 PRECINCT 5 *Judy Engelbretson Marlys Lisowski WARD 2 PRECINCT 1 *Jean Forster Jackie Larson WARD 2 PRECINCT 2 *Pat Anderson Karen Bjorgo WARD 2 PRECINCT 3 *Doris Reiners Darlene Rusch WARD 2 PRECINCT 4 *Virginia Bureau Jean Wagar WARD 3 PRECINCT 1 *Betty Bonine Janet Kothman WARD 3 PRECINCT 2 *Jordis Mittlestadt Marlys Hinsverk WARD 3 PRECINCT 3 *Irene Maertens Darlene Vallin WARD 3 PRECINCT 4 *Betty Nelson Gerry Wolsfeld Dorothy Slough Nina Landt Muriel Pomeroy Muriel Littlejohn Terry Johnson Alice Henderson Mary Johnson Helen Shaffer Dolores Lynch Lee Carlson Naida Kruger Dorine Newland Kathy Tingelstad Kay Olson Betty Scott Carol Johnson Laurie Harris Barbara Enroth Laverne Roseth Joanne Ranem 21B 21C Page 3, Resolution No. - 1989 SECTION 5. SECTION 6. HEALTH CARE CENTER Lavonne Avery Bernadette Bovy That the following judges are appointed to act as chairmen of the Election Board for the precincts designated and shall have the duties set forth in Section 204B.20 of Minnesota Statutes. Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 1 Precinct 5 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Carolyn Holmen Alice Anderson Bernadette Bovy Alice Mol Judy Engelbretson Jeane Forster Pat Anderson Doris Reiners Virginia Bureau Betty Bonine Jordis Mittlestadt Irene Maertens Betty Nelson Compensation for said Judges will be paid at the rate of $4.00 per hour foz regular Judges and $5.00 for the Chairperson of the Election Board. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CSTY CLERK 23 _ _ � � FOR CONCURRENCE BY THE CITY COUNCIL $BTIMAT88 Smith, Juster, Feikema, Malmon & Haskvitz 1000 IDS Center 80th South Eight� Street Minneaplis, I�1 55402 . For services rendered for City Prosecutor For the month of March 1989. . . . . . . . . . . $ 8,910.00 For the month of April 1989. . . . . . . . . . . $ 7,785.00 Layne Minnesota 3147 California St., N.E. Minneapolis, 1�T 55418 Repair of Well No. 8 FINAL ESTIMATE . . . . . . . . . . . . . . . . . $ 9, 632. 80 C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 13 . . . . . . . . . . . . . . . . . $ 15, 466. 52 J.T. Noonan 3601-48th Ave., N. Brooklyn Center, MN 55429 Corridor Maintenance Project No. 190 Estimate No. 2 . . . . . . . . . . . . . . . . . $ 4,980.72 Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, MN 55428 Water, Sanitary Sewer & Storm Sewer Project No. 188 Estimate No. 3 . . . . . . . . . . . . . . . . . $ 95,140. 43 Civic Center Remodeling Pay Application #9 Invoices through 5-31-89 . . . . . . . . . . . . . $370,682.00 K City of Fridley F�gir�eexing �e�t 6431 Univ�ersity Av�e N.E. Fridley, I�T 55432 Date: Ji,me 6, 1989 Zb; H�orable Mayor and City Oauicil R,e: Final �te City of Fridley Per. �: Jwze 6, 6431 University Av�enue N.E. Fbr: Iayne M,innesota FYidley, NIIJ 55432 3147 California Minr�oa�olis, 1��1 Well �8 Sl'ATII�SENT' OF i�Z F�i-�] 24A St,reet N.E. 55418 •� r� • --.�r- a. Oontract Item Est. IJnit Qty. Qty. Amo�mt Qty. PY'ioe Zhis Est. Zb Date 'Ib Date Pull ptanp, dis�tnar►t1e & inspect, reinstall & voav�ec�t to systan Rubbex' bearirigs 1-1/2"x5' shaft w/Sleeve 1-1/2"x10' shafts w/Sleev+es 1-1/2" c�.�liryg5 10" suction pipe 8"x9' 9-5/8" oolwm� pipe 8"x4'10-13/16" oolimm pipe ma1 1-1/2"x8' S.S. driv�shaft Slceves (not required) 8tnnze spiders (ra�t required) Bvwl bearir�gs i riot requ:ired ) Stuffing booc bushing New im�ellers (twt required) Baac Packing It�eller w�ear rings (not req) Baal shaft 10" V'I'S oone strai.nex' 12 TLC 5-stage Iayne bowl 11 1 3 4 1 5 1 1 0 0 0 1 0 1 0 0 1 $ 15.00 65.00 75.00 8.00 200.00 150.00 125.00 250.00 i �'� 25.00 232.80 11 1 3 4 1 5 1 1 0 0 0 1 0 1 0 0 1 11 1 3 4 1 5 1 1 0 0 0 1 0 1 0 0 1 $2,000.00 165.00 65.00 225.00 32.00 200.00 750.00 125.00 250.00 .00 .00 .00 50.00 .00 25.00 .00 .00 232.80 �y. 1 3,938.00 1 1 3,938.00 Water level i.ryd.-ltmip stIIn 25.00 InsPec,'t, straic�te�, and pairrt lirie shafts 11 io . o0 11 11 llo . o0 Sar�last & paint oolw� pipe 11 40.00 11 11 440.00 Disinfecting w�ell (1� s�mn) 2� • � �t ��! (1� �) 650 .00 Sy�tem testincJ �1waP s�m) 100.00 $9,632.80 24B S[�,RY: Original � amo�mt Oontract ad�diti�s - c3�arige order nos . Gontract deductior�s - c33at�ge order 1�os. Revised oo�tract aarcnmt Value ooKnpleted to date StJB n7I'AL Atno�mt � (10$ ) i `.r� ) Less ama�mt paid p�viausly AMOIINT' DUE TfIIS �TE N�:�M��1 -i 4 • � i •• �• • •.• $9,632.80 0 0 0 9,632.80 9,632.80 0 0 $9,632.80 I he,reby oertify that the wnrk perfoYmed arrd the materlalS supplied t�o date w�dex texms of the oontract for the refere.noe p�roject, ancl all authorized changes ther�t�o, have an actual value w�der the ooritract of the aamo�mts shawr� oa� this estimate (arid the final quantities of the final estimate are coYrec.�t), and that this estim�te is just and oorrect and no part of the "Amotmt Due Thi.s Estimate„ has i BY � � /t�. Uate / �`r r's Authorized tive (Tit1e) r .w�:�Y�BI s Y • �.i a::e3ii��a�c7 I here,by certify that I have p�epared or ex�oined this estimate, ar�d that the oontractor is entitled to payment of this estiinate Lmder the aoa�tract for refereix�e pmoject. • • �� i �• a •:- � � is. �/i � r/// � �� b- �y�-g� Respectfully �ni.ttea, CtierJced by: /��7� v ��- City of Fri BY G. Flara, P.E. Direc,�tor of Public Works C�PY OF FRIDL�Y PUSI�IC WCE2KS DEPAF�I'r ENGIl�IIdG DIVISIaId 6431 University Avenue N.E. F'ridley, 1��1 55432 Iioalorable Mayor and City (b�ulcil City of FYidley % Willia� �rns, City Manager 6431 Univexsity Avenue N.E. Fridley, I�Ai 55432 Can�cil Me�ers: June 6, 1989 «a�� • • �� , !,�a�?+' We hexeUy sutYnit the firsa]. �timate for Well No. 8 I�mov�ts for Layne M.in�sata �any, 3147 California Street N. E. , Minneapolis, IrIId 55418. We have vie��ed the work tayder oorrtract far the oonstruction of Well No. 8 Im�rovesnents and f ir�d that the same is substantially oa�lete in a000rdanoe with the oo�tract �ts. I recanner�d that final payment be mad� upcx� aooeptat�oe . of the work by your Honorable Body. Respectfully Sutxnittsd, ohn G. Flora, P.E. Public Works Director - .. :. . • .- _. . � 24C 24D Jtu�e 6, 1989 City of Fridley 1.1� �� 1 i�',• � ia� y?'�� r� • �� 4:��1�1' This is to oertify that it�s of the work sh�own in the stat� of wnrk opxtified herein have been actually furnislled and d�e for the above mentioned P�7ects in a000rdanae with the plans and specificatiorLS hex�trofome app�oved. The final oontract oost is $9,632.80 and the final payment of $9,632.80 for the i�rov�ent P�'o7ect would oaver in full, the ooritractor's clains against the City for all labor, materials and athps w�rk done by the oo�tractAr und�r this P�'o7ect. I declare tmder the perialties of perjLny that this state�t�ent is just and oorrec.�t. I,ayrie Mirmeso�ta Oo�any � / �� `L //--� - - �. . -.��- ..P- - Jime 6, 1989 Zb: Public Works DirectAr City of FSridley ; �1�!�� . �1� 1 `1' 8�y � •'- �4_ �_ i� �_�_ ,Zal _ ,�� . I��L��/?�t�?`��yC We the w�dersigned, have ir�spec.�ted the above mentioa�ed project and firtid that the work required by the oontract is substantially ooeriple�tre in oonformity with the plans and specifications of the p�oject. Al l def iciencies have been carrecbed by the ooaltractor • A1so, the work for which the City feels the contractor s�hould r�eoeive a red�xced p�'ioe has bee�z agreed upcm by the c5ontractor. So, ther�efore, w�e reoodnnend tfl yw that the City app�ro�ve the attacl�ed FINAL E�ATE for the oontract�r. ,�%�;�..C[1.L� (/ �g^— � Rillpll V0�40311 � P11b11C WOY'JSS �rlr1�I'1�'tlt s'�/ �'!� � �' rl • '�0711 w G ••� � - 24E � I � TO: FROM: DATE: Englneering Sewer Water Parks 'iStreets �Mairttenance MEMORANDUM William W. Burns, City manager John G. F1ora,�Public Works Director June 19, 1989 SU&7ECT: Appliance Contract Change PW89-146 Per your request, Kraus-Anderson Const. Co. has contacted Sears to revise the contract for appliances to the Municipal Center by changing the 30" double oven range with built-in vented hood to a single, oven self-cleaning range for a reduced cost of $380.00. Tom Sackett requests Council confirmation to their contract so that he may order the appliances. Recommend the Council approve a change order to the Sears Appliance Contract for a deduction of $380.00. JGF/ts Attachments y �;, � �' _ � �DLE.II 25A KR,AUS-ANDERSON CONSTRUCTION COMPANY CONTRACTORS 6 CON6TRUCTION MANAOERB June 15, 1989 The Ciry of Fridley 6431 University Avenue NE Fridley, MN 55432 Attn: Mr. John Flora Re: Fridley Civic Center Fridley, Minnesota Dear Mr. Flora: As a follow-up to Mr. Nordahl's conespondence of June 7, 1989 whereas he requested the cancellation of the double oven and the substitution of a 30" electric range, non-vented hood and grease protector, enclosed is Sears Contract Sales bid in the amount of One Thousand One Hundred Sixty-One and no/100 Dollars ($1,161.00) reflects the changes you have requested above. Please advise when the City Council has approved the above contract with Sears and I will order stated appliances. Very truly yours, KRAU ANDE ; Thomas J. Sack tt Project Manag ng cc: Julie Burt David Kroos OONIPANY 4`` MiNNEAPOLIS DIVISION C„ ti. 525 SOUTH EIGHTH STREET, MINNEAPOLIS, MINNESOTA 55404 PHONE 612-332-7281 irth�� Equal ppportunity Emp�pyer SEAR? 4270 No. 612 379 5880 Jun 12,89 13�51 P.02 25B ��j �� L� CONTRACT A!�!D SECUR�TY AGREEMENT OR Contrsct ia/�a � 4b�NU1fVG QFFER �OR SAtF 4F MERCHANDtSE AND t�: 2t�am�s Saduett ��CURITY AGREEMENT :• . � Kx��as l.n3ersan C+onszYUet�on CQ. � A�iS'S PIq�EGS OR fiA0.RY W1tiE Ci�v of �Yidley i ourorrmr ��,� (Of1MtiK';ipd�Y) 1 1� 3 1 1 1 1 , � t� 4F.0.8 Ser,rs 1 t�I.00�7 W1y�; � � �•• � sr� I�.IBEF 93391 55399 5255 14290 9G6b8 5339I 58023 �ill 525 S.B� St. •. '_ _:� �i •-�! 1 ' J � ��T�T .. Sears Cai�act Sales �+270 � , 379-5780 R�ge wlSelf Cleavng dv�sl 30" Stainless Steel Vented Range Iiood Ran�e Gord Di.sh�aasher w/Cord H G�a.. FC. Compact RefrigeraCor, A1.�ao�2d 3Q" V�ntless Range HQOd Back Splash -- -.... . ., . _.. .. .. ._ i R c�eac�� iiw r�. �.rm,w s w.o r�,wt ac�x 000t - oasm �oo.e nFAB. .bb9ite. �;Galsd fnto Unaahd inio U i:,�hatc LJ t�we►Hno t�inn 4 owe�a una �Ack�erdum (A)/Exlrbi�(c1 6 AttaChet! i,tl tx.�otaorated hiorei� '�7.s. , tfiT SS404 Y. SWE, �P Y�c�By M3 i,r� uas �Oa OOOE 14� 2 2 2 2 2 2 2 399.00 2�J7. OQ 7.40 284.Q0 175.00 34.OQ 9.00 TOli�L �+IERCFiIV�tDISE SALE OEWERY O�'; li�AN9�CM'11Ai1()!� '332-72bI � � 399.00 � 207. (� 7. Ot� 284.4�4 175.0� 34.03 9. 04 1,115.00 • /� w.� . ...� �E�_ _ ��t TbTAL 1,161. 00 axrrn�rro�� tu�.ok o�. er i�.s. 8a�.� _ '�Aio.s ,h�r �.nr�:r �Ynr x,► aayas r000rwo ana eocaMed by / � .�e.►� � b I2 / 30 � 89 � _. c� a'v a►+,a.. �,n�►� � m. ��.c o� �a (pr. ao�ana,►», r� �e. s�a�► wr ae �.ur+o paaa�c�,.r wra� �►�' R�e►r wa�+'g �s .a�r�a�►r .�o aer�a� oa►� a t„� �,.-t. sears �►+s� ship no me�cnan�ise 11 a� the xAetlule�o sMprt�re oate ax ca4noe oweo by �ne R.dr�er vlic e+e pta d oc+�ebled �A�n+c�t mseeds t PURCl1ASER / DEQTOR . . B� ipnshme horo� PurCA3�or Ap�oCS ro t►+e k�m� srd oaditiona appearirg on ths fsoe snA rev�eru, sidE hereof as well �n irty addendum ar Wtltiuil all3dKi0 hOtC401u10 �IDned b�/ boCi S6ars inC Au�Ch35tr purdL2ser 1Ffd�d�6ta�s eR�t the Contra�l is n�ject b Ifte acx��ai a sBe:� c�aa o�r►�n � Krsus And�ersan Oonstructiai Ca. SELLER / SECURED PMIRTY SEARS, ROEBUCK AND CO. 2700 Winter $t. N.E. Mirayeapolis M�T 55413 tr�;� �M�� i---• ------- - — • � � � , C[TYOF • FRIDLEY , � � CMC CENTER • 6431 UNIVERSTTY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 June 7, 1989 Mr. Tom Sackett Project Manager Kraus-Anderson Const. Co. 525 S. Eighth St. Minneapolis, MN 55404 SUBJECT: Double Oven - Fire Dept. Dear Mr. Sackett: PW89-113 As per our conversation on June 7, 1989, please cancel the order from Sears for a double oven and order a white 30-inch electric oven instead. Also order a white nonvented hood fan and grease protectdr shield for behind the oven. If you need additional information, please call me. Sincerely, � �� "�, Bob Nordahl Operations Analyst BN/ts 25C � I' ' - I` � �Y 25D ,- KRAUS-ANDERSON CONSTRUCTION COMPANY CONTRACTORS & CONSTRUCTION MANAGEFS . . ' June 2,1989 . � The City of Fridley 6431 University Avenue NE Fridley, N1N 55432 Atm: Nir. John Flora Re: Fridley Civic Centez Fridley, Minnesota Dear Mr. Flora: Kraus-Anderson Construcdon Company requested bids for appliances on May 15, 1989. Sears Contract Sales was the only bidder that responded for supplying the appliances. The following is the breakdown for the furnish and installation of appliances. Sears Contract Sales $1,541.00 HIamm Mechanical 354.00 Gephart Elecrric 400.00 Total Amount $2,295.00 Please advise when the City Council has approved the above contract with Sears and change orders to Klamm Mechanical and Gephart Elecrric for changes to their existing contract� Very truly yours, '"KRAUS �NDERSO�i')CONSTRUC1iON COMPANY Julie Burt MINNEAPOLIS DIVISION 525 SOUTH EIGHTH STREET, MINNEAPOLIS, MINNESOTA 55404 PHONE 612-332-�281 Equaf Opportunity Employer � � �)�//-�n/�� - Contract Sa/es �,.. _t_., ... , .. at�rrmti srvcK , �corr,svc�s aan �11�R ,- - ��$$ 1 55399 1 5255 I 1tti29Q 1 966�8 1 � CONTRACT AND SECURITY AGREEMENT OR MKT. SEG. C�z:� � CONTINUING OFFER FOR SALE OF MERCHANDISE AND SECURITY AGREEMENT fRACT NUMBER �JBMeTTED BY (SIUFS REP) UNfT NMAE AND ADDRESS P►iONE ) RiT1 Sesrs Cantract Sa]�es �270 379-57�0 �� . ��. � � � boatzisctiaa Co. 525 S. 8rh St. Is- , 1� 55404 332-7281 � �� arr. sA�. z� cooe . � � unar oesc,c�Pnor� ernc coo� Pwce � �. �. _ •._. _- . . ►�.. -. :..., ��.,. �� :.. - - .-- ►_� -. _..�- •,.. :,.•- . . r� - ., .� . :.► . . • � •N�:M ' ■� ��:J _7 • N��• 2 2 2 2 2 � v�c� :� �1 :I �1 207.00 7.� 284.00 175.00 Z 207.dQ 7.00 2�4. 00 175.00 AppticaGle ONLY IF CHEGCED AND IF box rxmber is IivieO in "APPL �X CODE" coMxm abwe. �F o.s. s� ❑ F.O B. Jobsite, � c�t�a �� u�c�a �� DTAL MERCHANDISE SALE I=F9H. 00 1►„pcal Whse. 2 Tailgate 3 Dwelling Unit 4 Dweliing Unit �., Adderdum (A)/Exhibit(s) DELIVERY OR TRANSPOR'fAT10N � ocr,e� LJ n�n�a ar,d 43. 00 �r No.. sa�s� �co�orated �ei� . _ USE TAX t TOTAL 1 ` 541. OQ EXP/RATION: /CMck one of thes� boxes) - �a►;� �► rer►,�:, r.,►� ra o� ►�v ga �a ar / / a�a s►�a a�► ro IZ / 30 / gg : Pr�ces a�e sho++�n on the �cned Price kst (PL adrlenatanl- New PL aa�dend�m wi� be iss�red P�N which wd/ modify exat��9 PL adder�dim and becane pert oi Hus CanbecL . • . Sears shall ship no merCtrandise 'rf on the scheduled ShipmeM date Ute balance owed by the Pu�chaser pkis the price � sct�eduled shipment exceeds S , t.:s ;5 REV. t t/Ba � . � , Sean Forms Manaoement . - ' = . '_ _ .. aUOTATION COPY -- ��r cyq � � � �� - Fridley Plaza Office Building, Suite 102, 6401 Univ� o,� ■ �v � c�MM�P CHAIRPERS01 Darlene Jones First Bank'�orthtown 785-3000 VICE CHAIRPERS�\ Jan Golden Sign Ianguage 571-2697 FI\A\CE DIREC'I'OR DeWayne Schleiss Schleiss, Hage, Gish & Co. 571-6921 DIREC7'ORS Dr. Gregg Hebeisen Hebeisen Chiropractic Clinic 571-9499 'vlike Schrcer Bob's Produce Ranch 5� t -�20 A] Swintek Minnegasco 553-7632 Cannie'tiiompson Fridley Senior Center 571-1304 Tony Bakhuari Sunshine Place Restaurant 571-9440 Gary Burke Marquette Bank-Fridley 571-9111 Mark Wheeldon McDonalds-Fridley s�i-i�t PAST CHAIRPERS01 Karen Lennoz Columbia Heights Credit Union 788-7700 EXECUTIVE DIRECI'OR Kerry Van Fleet (Ms J 571-9781 June 19, 1989 Mayor William Nee City Council City Staff 6431 Univ. Ave. N.E. Fridley, MN. 55432 26� i71-9781 . ��% - , �?��'�' ta 55432 -� � '�9 � ��.� � , � � �,� � � Dear Mayor Nee, City Council and City Staff, The City Staff are to be commended for the outstanding job this past week-end, during Fridley 49ers Days. I know they were very helpful in setting up for the many events in the Plaza Area. The clean-up crew did an outstanding job and by Monday morning it was business as usual for those of us who work in and around the Plaza Area. 1989 Fridley 49ers is a success and the City Staff should take a bow for that. We could not have done it without each of you and your willingness to go the extra mile. The Police were very visable and that was good. They too did a fine job with the parade and all the other events through- out Fridley. Jim Hill, your crew needs to be commended for a job well-done. Promotions like our past week, has to be good for our image botli inside and outside of Fridley. I had phone calls asking "where is Fridley?" fram all over. So we are being noticed and h�rd of and the annual celebration is good for business and good for our civic _pride. Sincerely, Kerr . an Fleet (Pis.) Executive Director