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07/24/1989 - 53940 Rzc� �unYL FTNJ�NCE D��tEC�OR COUNCIL ��IEET�NG JULY 24, 1989 � @ �'` �� G- ;'_ �� *�_ � �� ^ : a :� � � ' s � � M' a � ; � ;g,{ u �. � � ;;� ,:. x; � '�, s �s : � � r . . x s a" �s �E; e � . �. '� � : + i �. � iX� 1�,. � _ >k -s: � i < .. ' � _, :� ' •.. � � 4 . ... ...... � «..�.<,.,::, . �� . _ . �.. .s5; � � . . � .. S' , ,`�, ' , -: t ; t � b P . . 1`a,a A � � ,.f _ � 'g'� "a � �, ; { . . - > ,. '.Ar'- . . . �'a `;� �' + 3 :: 3 r � � � ;. �S Y i F l � d 9n �' �� _ .. a � fi F�' y Y a � 'f � �§� . 5 �.! 15A + +y ,� ��3 � � tt, . ��. � �s �1� i' - � ��' �i � � � iiR �l��.F'.� 2�4yi. .. �. , _ " .r i'.a� . � `�� -� � y �, v �" ..� � � � r �� ,�4 �' % `Y ,� " �' , �.,��. � ; „s� �;H �� , ` : ' �-� ; ,� � �. *� � ' r �� { � �A�� r t y '�: � . . : 3 � ,. �;. f � �' �,,� F fr F.�,-P4x ,+ . : �f- "ys ,r { Y . ; 7�.� { '� �: . � `j '¢ `§�� . ' �q i �';� .r+�i � � � `i ' �'` y� f $ �� ,(� � fi � � . . .5^P y�x t l � A"�'i ..��t?,�•� '�'i�€, r . �c�. �• � �� ry� � � . 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' � k� # F�' ��.: . ..P�,� k! n S � �� ,�.� � �. .. . � . _..r.'-�`�a'� ` � �.;. ,.-, ..". . ,...... r � anr� FAIDLEY CITY COIINCIL MEETING F�a ATTENDENCE SHEET MONDAY July 24 , 1989 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER _.._------- /� ? 7— •- S..}� ^ ,��k G, a�� f w �3�` . � � �� J �.� �� .� C�.�,� ' d,N`.� v_ ��- (, 2 co � �f'�ers g�Q � . c��b � - �OC� . � � � � � �� 4 �j,v � � .�� - �� Z • I,�� - � �' uc l/f ��- � � /3-i.3.t� Fridle�f� Citr Cancil Meetiro -,R1LY 24_ 19A9 - 7e30 P-M-- PLEDCf OF ALLEGTAMCE� APPRONAL OF NIMlTES- Carxi t Meeting, July 10, 1989 ADOPTIOM OF AGfIDA• , OPEM FORI�I. VISITORS: i (Consideration of items not on agenda - 15 mirwtes) Receiving the Statement of Canvass from the Special Election of July 18, 1989 ...... 1- 1 D Pf�LIC HEARtNG: Public Nearing on a Vacation, 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, by the City ot fridley .... 2- 2 G PI�LIC flEARING OOMTIMI�D: Public Nearing on a Rezoning, 20A �89-03, to rezone Lot 2, Auditor�s Subdivision No. 89 from M-1, Light IrKiustriet aid R-3, General Multiple Dwelling, to C-2, General Business, generally located at 7191 Highway 65 N.E., by Ted Haines . . . . . . . . . . . . . 3 - 3 N OLD BUSINESS- Consideration of Secord Reading of an Ordinance Addinp Chapter 513, Reyuiation of Skateboards, Rollerskis, Rolterskates, and Rollerblades . . . . . . . . . . . . . . . . 4 - 4 A Consideration of a Resolution Authorizing Amen�nent of a Joint Powers Agreen�ent to Form e Coalition of Metropolitan Co�nities to Provide for a Cha�pe in Nawe ......... 5- S N � _ C.ITYOF FRlDLEY NEY �1SIMESS• Receive the minutes of the Ptaming Coamission meeting of Juty 12, 1989 ....... 6- 6 P A. Consideration of s Prelia�inary Plat, P.S. �k89-02, SBF Addition, by Jerane Farrell, to replat Lots 1, 2, 28 and 29, Block 2, Caimerce Park into two lots, the same beinp 250 Osborne Roed N.E . .............................. 6-6C, & 6J-6P PIANNING COlMISSION RECOMMENDATION: Approved with Stipulations. CIT� COUNCIL ACTION NEEDED: Set public hea�irg for Auyust 14, 1989 Consideration of First Readiry of an Ordinance Approving a rezoning, 20A �89-03, to Rezo�e Lot 2, Auditor�s Subdivision No. 89 fran M-1, lipht Industriat and R-3, General Multiple Dwelling, to C-2, General Business, generally located at T191 Highway 65 N.E., by Ted Haines . . . . . . . . . ... .7-7A Consideration of Approval of Recycling Service Contract with SuperCycle . . . . . . . . 8 - 8 R Consideration of Estabtishiny a Public Nearinp Dete of August 14, 1989 for the Sale of Excess Property, Lots 22 through 30, Block 5, Hyde Park, by Wayne Johnson .... 9- 9 G Consideration of a Fou� Foot link Pence for Hpaeowners Borderinp on S�mnit Square Park . . . . . . . . . . . . . . . . . . . 10 - 10 G Consideratio� of First Resdirp of an Ordinance Establishinp a Monitorinp YellFee ....................11-11A Consideration of Char�ye Order No. 10 for the Fridlry Iknicip�l Center I�prova�ent P�oject Mo. 1S9 . . . . . . . . . . . 12 - 12 0 NEV BUSIMESS OOMTIM�D: Consideration of Petition No. 11-1989 Requestiry a"No Perkirg, 8:00 a.�a. to 5:00 p.�n., Maday throuph Fridsy" Siyn on the South Side of 69th Averxx fraa Old Central to the Park Access ......... 13 - 13 B Consideratian of an Agreement of Lease for the "A" Fraaie to School District No. t4 . . . . . . . . . . . . . . . . . . . . . 14 - 14 F Claims . . . . . . . . . . . . . . . . . . . . . 15 Li censes . . . . . . . . . . . . . . . . . . . . 16 - 16 B Estimates . . . . . . . . . . . . . . . . . . . . 17 - 17 A Adjourn: -2- Fridlev Cit�r Cancil Meetina - �ULY 2S_ 1989 - 7e30 P-11-- PlmCf OF ALIEGiAMCE� APF+RONAL OF MIMITES• Cancil Meeting, July 10, 1989 ADOPTION OF ACfIDA� OPEM FORIAI. VISITORS- (Consideration of items not on agenda - 15 minutes) Receiving the Statement of Cenvass from the Special Election of July 18, 1989 ...... 1- 1 0 PUBU C HEARIMG- P�lic Hearing on a Vacation, SAV 1M89-03, 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, by the City of fridley .... 2- 2 G PUBIIC HEARIMG CONTIMIED� Public Hearing on a Rezoning, 20I1 �89-03, to rezaie Lot 2, Auditor's Subdivision No. 89 from M-1, Light Industriat and R-3, General Multiple Dwelling, to C-2, General Business, generatly located at 7191 Mighway 65 N.E., by Ted Haines . . . . . . . . . . . . . 3 - 3 N OlD Bl1SIMESS• Consideration of Second Reading of en Ordinence Addinp Chapter 513, Re9utation of Skateboards, Rollerskis, Rollerskates, and Rollerblades . . . . . . . . . . . . . . . . 4 - 4 A Consideration of a Resotution Authorizing Mierxinent of a Joint Powers Agreeme�nt to Form a Coalition of Metropolitan CamKnities to Provide for a Change in Na�ae ......... 5- 5 H _ _ CIlYOF FRIDLEY I�Y BUSINESS• Receive tbe minutes of the Plsminy Commission meetiny of July 12, 1989 ....... 6- 6 P A.Coruideration of s Prelia�inary Plat, P.S. �89-02, SBF Addition, by Jerane Farrell, to replat Lots 1, 2, 28 and 29, Block 2, Caamerce Park into two lots, the saoe beiny 250 Osborne Road N.E . .............................. 6-6C, & 6J-6P PLANNING COM�IISSION RECOMMENDATION: Approved with Stipulstions. CITr COUNClL ACTION NEEOED: Set pubtic heariny for Aupust 14, 1989 Consideration of First Readiny of an Ordinance Approving a rezoning, 20A �89-03, to Rezone Lot 2, Auditor�s Subdivision No. 89 from M-1, Liyht Industrial and R-3, General Multiple Dwelling, to C-2, General Business, generally lxated at 7191 Highway 65 N.E., by Ted Haines . . . . . . . . . . . . . 7 - 7 A Cauideration of Approval of Recycling Service Contract with SuperCycle . . . . . . . . 8 - 8 R Consideration of Establishi�y a Public Flearinp Date of August 14, 1989 for the Sale of Excess Property, Lots 22 through 30, Block 5, Hyde Park, by Wayne Johnson .... 9- 9 G Consideration of a Four Poot Link Fence for Haneowners Borderiny on Sumiit Square Perk . . . . . . . . . . . . . . . . . . . 10 - 10 G Consideration of First Readirg of an Ordinance Establishinp e Monitoring Wel t Fee . . . . . . . . . . . . . . . . . . . . 11 - 11 A Consideration of Chanpe Order No. 10 for tbe Fridley Mu�icipst Center I�prove�ent Project No. 189 . . . . . . . . • • • 12 - 12 D NEV BIfSINESS COMTJI��D• Consideration of Petition No. 11-1989 Requestinp s"No Parkinp, 8:00 a.�. to 5:00 p.�:, Nondey throuph Friday" Sipn on the South Side of 69th Averxx fra� Old Central to the Park Access ......... 13 - 13 B Consideration of an Apreement of Lease for the "A" Frame to School District No.14 .....................14-14F Claims . . . . . . . . . . . . . . . . . . . . . 15 L i censes . . . . . . . . . . . . . . . . . . . . 16 - 16 B Estimates . . . . . . . . . . . . . . . . . . . . 17 - 17 A Adjourn: -2- Fridley Citr Cancil Neetirn - JUIY 2�i. 1989 - 730 P-M-- PlmCf OF ALLEGIANCE: APPROVAL OF MI�lTES� Caxxi l Meetiny, July 10, 1989 ADOPTIOM OF AGEIDA• OPEM FORl11. VISITORS• 0 (Consideration of items not on agenda - 15 mirwtes) � �� /3or Fi nx lJy n rc,� ,..T �� (� v U� 0 b IC�G�S I�orv pno Co.� ►�u r6,2, P�t,�rL,o ti�ort i-1 A ZMp7 Receiving the Statement of Canvass from the Speciat Election of July 18, 1989 ...... 1- 1 D PUBLIC HEARIMG- Public Hearing on a Vacation, SAV �89-03, to vacate a six foot and the east one foot of a drainage and utility easement in �� 55� certain tracts of RLS No. 94 and in the Gena-Rae Addition, by the City of Fridley .... 2- 2 G Pt�LIC NEARING OOMTIMI�D: Public Hearing on a Rezoning, 20A �89-03, to rezone lot 2, Auditor�s Subdivision No. 89 from M-1, Light Industrial and R-3, n��5t� General Multiple Dr►elting, to C•2, General �� Business, generally Lxated at 7191 Highway 65 N.E., by Ted Haines . . . . . . . . . . . . . 3 - 3 N OLD BUSIIIESS• Consideration of Second Reading of an �% c�Sb� Ordinance Adding Chapter 513, Re9ulation C� of Skateboards, Rollerskis, Rollerskates, and Rollerbtades . . . . . . . . . . . . . . . . 4 - 4 A Consideration of a Resolutian Authorizing D SS�� Amendnent of a Joint Powers Agreen�ent to �� Form a Coatition of Metropolitan Comnunities to Provide for a Chanpe in Na�ae ......... 5- 5 H _ � C �--� GITY OF FRIDLEY w�v eus��ss- • � IL Receive the �inutes of the Plaming Commission meetinp of July 12, 1989 ....... 6- 6 P A. Co�ideration of a Prelimir►ary Plat, P.S. �89-02, SBF Additian, by Jerome Farrell, to replet Lots 1, 2, 28 erd L 29, Block 2, Caamerce Park into two b� lots, the same beiny 250 Osborne Road N.E . .............................. 6-6C, & 6J-6P PLANNING CO�MISSION RECOMMENDATION: Approved with Stipulations. CITY COUNCIL ACTION NFEDED: Set public hearinp for Auyust 14, 1989 Caisideration of First Reading of an Ordinance Approviny a rezoning, 20A �M89-03, to Rezone lot 2, Auditor's Subdivision No. 89 from M-1, Liyht lndustrial and R-3, General Multiple Owelling, to C-2, General Business, generally lxeted at 7191 Highway 65 N.E., by Ted Haines . . . . . . . . . G/� .... .7-7A Consideration of Approval of Recycling �ySE p Service Contract with SuperCycle . . . . . . . . 8 - 8 R Coruideration of Establishinp a Public Hearinp Date of Aupust 14, 1989 for the Sate of Excess Property, Lots 22 through �y� 30, Block 5, Myde Park, by Yayne Johnson .... 9- 9 G Consideration of a Four foot Link Fence �r� s� � 50 for Homeowners eorderiny on S�mnit � PP�n Squere Park . . . . . . . . . . . . . . . . . . . 10 - 10 G Consideration of First Readiny of an �vss� p Ordinance Establishing a Monitorinp YellFee ....................11-11A Consideration of Cl�er�e Order No. 10 '�3�� 3 go .o� for the Fridlry Municip�l Center I�provewent Projeet Mo. 1a9 . . . . . . . . . . . 12 - 12 D MEY Bl1S1NESS OOMTIM�D• Consideration of Petition No. 11-1989 Requestinp a"Mo Parkinp� 8:00 a.w. to 5:00 p.n�., Mondey throuph Fridsy" Si9n ��L on the South Side of 69th Averxu fraw Old Central to the Park Access ......... 13 - 13 B Consideration of an Apreement of Lease for the "A'� frame to School District No.14 .....................14-14P Claims . . . . . . . . . . . . . . . . . . . . . 15 L i censes . . . . . . . . . . . . . . . . . . . . 16 - 16 B Estimates . . . . . . . . . . . . . . . . . . . . 17 - 17 A Adjourn: -2- � FRIDLEY CITY C4UNCIL F�� JIILY 24� 1989 - 7:30 P.M. PLEDGB OF ALL86IANCE: APPROVAL OF MINIITE$: Council Meeting, July 10, 1989 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: (Consideration of items not on agenda - 15 minutes) Receiving the Statement of Canvass from the Special Election of July 18, 1989 ...... 1- 1 D PIIBLIC HEARING: Public Hearing on a Vacation, SAV #89-03, to vacate a six foot and the east one foot of a drainage and utility easement in certain tracts of RLS No. 94 and in the Gena-Rae Addition, by the City of Fridley .... 2- 2 G FRIDLEY CITY COUNCIL MEETING, JULY 24, 1989 PAGE 2 PUBLIC HEARING CONTINII$Ds Public Hearing on a Rezoning, ZOA #89-03, to rezone Lot 2, Auditor's Subdivision No. 89 from M-1, Light Industrial and R-3, General Multiple Dwelling, to C-2, General Business, generally located at 7191 Highway 65 N.E., by Ted Haines . . . . . . . . . . . . . 3 - 3 N OLD BIISINE88: Consideration of Second Reading of an Ordinance Adding Chapter 513, Regulation of Skateboards, Rollerskis, Rollerskates, and Rollerblades . . . . . . . . . . . . . . . . 4 - 4 A Consideration of a Resolution Authorizing Amendment of a Joint Powers Agreement to Form a Coalition of Metropolitan Communities to Provide for a Change in Name ......... 5- 5 H NEW BIISINE88: Receive the minutes of the Planning Commission meeting of July 12, 1989 ....... 6- 6 P A. Consideration of a Preliminary Plat, P.S. #89-02, SBF Addition, by Jerome Farrell, to Replat Lots l, 2, 28 and 29, Block 2, Commerce Park Into Two Lots, the Same Being 250 Osborne Road N.E . .............................. 6-6C, & 6J-6P PLANNING COI�iISSION RECONII�IENDATION: Approved with Stipulations. CITY COUNCIL ACTION NEEDED: Set public hearing for August 14, 1989 FRIDLEY CITY COUNCIL MEETING, JULY 24, 1989 PAGE 3 NEW BIISINE88 (CONTINIIED): Consideration of First Reading of an Ordinance Approving a rezoning, ZOA #89-03, to Rezone Lot 2, Auditor's Subdivision No. 89 from M-1, Light Industrial and R-3, General Multiple Dwelling, to C-2, General Business, generally located at 7191 Highway 65 N . E . , by Ted Haines . . . . . . . . . . . . . . 7 - 7 A Consideration of Approval of Recycling Service Contract with SuperCycle . . . . . . . . 8 - 8 R Consideration of Establishing a Public Hearing Date of August 14, 1989 for the Sale of Excess Property, Lots 22 through 30, Block 5, Hyde Park, by Wayne Johnson .... 9- 9 G ; Consideration of a Four Foot Link Fence for Iiomeowners Bordering on Summit Square Park . . . . . . . . . . . . . . . . . . . 10 - 10 G FRIDLEY CITY COUNCIL MEETZNG, JULY 24, 1989 PAGE 4 FRIDLEY CITY COUNCIL MEETING, JULY 24, 1989 PAGE 5 NEW BDSINE88 (CONTINIIED): Licenses . . . . . . . . . . . . . . . . . . . . 16 - 16 B Estimates . . . . . . . . . . . . . . . . . . . . 17 - 17 A Adjourn: r� T8E SI�BS OF T88 ljtIDLBY CITY COO�iC� . JIILY Z4, 1989 : = % ; .a � ;a � �� `�:�. � � L �BTT�iQ Ql�` :� .... . F�' —� . . k, �+c- 'f4 '�� r� •� 3 t � � � . . . . .. :...� Y� . �� .. ..-- F -, S K` LT :':i .S+ . � A.-:, - � 31 ` - � . .+YL[,. . " .. . � ,.".�� . }' a', .. � . �'.:� �:.: �� r FY � � ., p?_� �y ,y9 f . V'' !�^ a �-'. sa , 5, � 1� S�' 7'k 5. ":� b frt � . . � . � � `j, �:- .. � { i a �� i.' � * �=1 h � § � 5. i� � � �r� + . x va, . . . . �.'. ' :�. p •, . .. -� r.: .i? .:$t''�!% . .�.'S. . ,. . .. THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF JIILY 10. 1989 The Regular Meeting of the Fridley City Council was called to order at 7:44 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: Councilman Schneider APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 19, 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL COUNCIL MEETING. JUNE 26. 1989: Motion by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response business. PUBLIC HEARING• from the audience under this item of 1. PUBLIC HEARING TO CONSIDER THE SALE OF EXCESS PROPERTY AT 1220 52ND AVENUE N.E.• MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman FRIDLEY CITY COIINCIL MEETING OF JIILY 10. 1989 PAGE 2 Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:47 p.m. Ms. Dacy, Planning Coordinator, stated this public hearing was scheduled to obtain input from residents for the possible sale of City owned property at 1220 52nd Avenue N. E. She stated the City obtained title to this property as a tax forfeited parcel in 1974. Ms. Dacy stated since 1973, this parcel has been used as a driveway access to the South Fridley Apartments, and over the last seven years, the apartment owner has maintained the City's property and the existing driveway. Ms. Dacy stated the driveway over this lot serves an important traffic and safety purpose. She stated without this access, the apartment complex would operate on only one driveway from 52nd Avenue. Ms. Dacy stated if the property is sold, the City will need to retain an easement for the street realignment. She stated approximately 10,625 square feet will remain after subtracting the easement area. Ms. Dacy stated there is the possibility a single family home could be constructed on the property, but construction of such a structure would be constrained by the easement and the setbacks. She stated if a home was constructed, it would also eliminate a secondary access for the apartment complex. Ms. Dacy stated the Planning Commission recommended the City sell the property to the apartment owner so that proper traffic safety is maintained and so the property can be returned to the tax rolls. She stated the Planning Commission also recommended, if the property is sold to the owner of the apartment complex, that parking be prohibited and that landscaping be strategically installed on the property to enforce the no parking stipulation. Ms. Dacy stated she received several calls from residents in the neighborhood regarding this property and believed representative of the apartment complex were here this evening. Mr. Levy, 1240 52nd Avenue, stated his lot is adjacent to this parcel of property. He stated he understands there has been changes in ownership of the apartment complex over the last 20 years. He stated the property has not been maintained properly and there is a lot of parked cars and motor vehicle traffic which creates a certain amount of nuisance in the neighborhood. Mr. Levy stated he was told one of the owners had originally sold this parcel of land and the new owner had let it go tax forfeit. He stated over all these years, the apartment complex has been using the property at the expense of the taxpayers. � FRIDLEY CITY COIINCIL MEETING OF JIILY 10, 1989 PAGE 3 Mr. Levy stated he also understands there was a change in the code which provided that new apartments being constructed needed more than one access. He stated if this was the case, the owners of the apartment complex should have been approached regarding these changes and they should have complied. Mr. Levy stated his own personal feeling is if the owner of the apartment complex does not want to purchase the property, to either close it off or sell it for the construction of a home. He also suggested possibly this parcel could be used for a park area. Councilman Billings stated this whole situation came to light last fall when he visited with Mr. Levy and received complaints from others that the apartment complex was using the property not only as a driveway, but for parking cars. He stated in checking further, it was found the City owned this parcel. Councilman Billings stated there were some conversations with the apartment owner regarding any interest he may have in purchasing the property. Councilman Billings stated the purpose of this public hearing is to determine if the City should retain the property or if it should be sold. Mr. Levy questioned the alternatives for the use of this land if it is retained by the City. Councilman Billings stated he really did not feel there was sufficient space for a playground area and felt the traffic on 52nd would not be conducive for this type of use. He stated he honestly did not know what the City would do with the parcel, if it is retained. Mayor Nee asked Mr. Levy if he would be receptive to a split of the lot which could be added to his property. Mr. Levy stated he has given this some thought, but questioned how it would change the tax base on his lot. Mr. Herrick, City Attorney, felt the change in the tax base would be very minor. Mr. Levy stated he has thought about redoing and straighteninq his driveway. He stated in order to accomplish this, he would need to purchase 10 or 15 feet of this parcel the City owns. Mr. Levy asked the positions of the owner of the apartment complex. Councilman Billings stated he hoped the owner was here this evening for the City to receive their input. Ms. Judy Engebretson, 5216 Taylor Street, asked if the apartment owner was to purchase this property if there would be restrictions FRIDLEY CITY COIINCIL MEETIN6 OF JIILY 10, 1989 PAGS 4 on how this parcel was used. She stated her concern was if it would be used for parking. Ms. Dacy stated the Planning Commission has recommended that parking not be allowed on this parcel. No other persons in the audience spoke regarding this proposed sale of excess property. 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 and the public hearing closed at 8:07 p.m. Councilman Billings stated staff has reported that the apartment owner felt he had purchased this parcel when he purchased the apartment complex and were shocked to find out he have not been paying property taxes on it all these years. Councilman Billings stated he would like staff to check with the Assessor's Office to determine the value of the property and the approximate amount of real estate taxes that would have been paid on this parcel if the City had not acquired it. Councilman Billings stated he thought the apartment owner would be here this evening and is a little shocked over his lack of concern. He stated he would like staff to send a letter to the owner of the apartment complex to determine his true intentions. MOTION by Councilman Billings to table this item for further information from staff. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 2. 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: Mr. Herrick, City Attorney, stated one of the questions asked by Councilman Billings at the last Council meeting was if the area under the canopy should be consiclered as square footage of the building. He stated he submitted an opinion that because of the wording of the definition of a building, the area under the canopy should not be included. Mr. Herrick stated he further indicated that the special use permit that is before the Council requesting 400 square feet of retail sales space in an 844 square foot building does not meet the requirements of the ordinance. FRIDLEY CITY COIINCIL MEETING OF JQLY 10. 1989 PAGE 5 Mr. Herrick stated after he submitted his opinion, he received a memorandum from Phillips 66�s attorneys summarizing their position. He stated there is no disagreement that the applicant is entitled to a permit for a service station. He stated, however, because this property is zoned M-2, it is his opinion that a special use permit is necessary for retail sales of non-automotive products. He stated there may be some disaqreement with this issue. Mr. Herrick stated the question before the Council this evening is if a special use permit should be granted for the retail sales and if this proposal meets the requirements of the Zoning Ordinance. Mayor Nee asked if the car wash question was part of the special use permit. Mr. Herrick stated he has indicated the car wash was not eligible to be constructed on this site and he has not changed his opinion. He stated it is not part of this special use permit before the Council at this time. Mr. Gangrud, attorney for Phillips 66, presented a short video of a similar facility in Burnsville. It was pointed out on a site plan where various areas such as cash register counters, coolers, shelving, etc. would be located. Mr. Gangrud stated in their memorandum in support of their application for the special use permit, it is suggested that no special use permit is even necessary. He stated, however, they did not want to get to that issue this evening. Mr. Gangrud stated he believed the special use permit application can be approved subject to meeting the 30� requirement of the ordinance. Mr. Gangrud stated several months ago, they applied for a building permit and were told a special use permit was needed for retail. He stated the City Staff counted the canopy as part of the building and the application was for 400 square feet of retail and was not an issue when the application was filed. He stated it is their position that there is only 118 square feet of retail in their facility. Mr. Gangrud stated that retail floor area is not defined in the City's code and a concept is needed and logic applied to it. He stated their logic is that retail is the additional space that is needed for the variety of convenience items. He stated this floor area is less than the traditional Phillips 66 service stations with service bays and no convenience items. Mr. Gangrud stated their 118.5 square feet is the additional space devoted to convenience items over and above the traditional space of a Phillips 66 station. He stated this 118 square feet takes into consideration oils and additives relating to automotive uses. FRIDLEY CITY COtTNCIL MEETING OF JIILY 10. 1989 PAGE 6 Mr. Gangrud asked the Council to approve this special use permit conditional upon their meeting the requirements of the ordinance for the maximum gross floor area. He stated they can comply with the ordinance and feel their retail space in this building is 118 square feet or 14� of that building. Mr. Allison, representing Phillips 66, stated in figuring the square footage, they counted the area in front of the cashier booth, trash disposal area, area where the cooler doors open, petroleum products area, and other shelving areas. He stated they did not count the floor because that space is utilized for people to come into the station to pay for their gas. He stated in figuring the square footage, they distinguished areas that were separate from the service station. He stated the City has made a distinction between retail and gas stations. Mr. Gangrud stated he felt there is a lack of definition in defining retail areas. He stated it remains a fact that seven percent of the sales of this business are in the 118 square feet area and Phillips 66 is in the business of selling gas. He stated their argument is based on a recent case regarding the neeessity of the special use penait. Mr. Gangrud stated he believes they cannot convince the Council that the retail space is 118 square feet anymore than the Council can convince them that it is 400 square feet. Ms. Dacy stated the 400 square foot figure was written on the application submitted by Phillips 66 and the question on whether the canopy should be considered in determining the square footage did not come up until just prior to the Planning Commission Meeting. Mr. Herrick stated the Southland Corporation case to which Mr. Gangrud is referring is a different issue. He stated that issue was whether a Seven-Eleven Store, together with self-service gas pumps, was to be considered a service station under the terms of some restrictions that the Minneapolis Housing Authority had placed on the land. He stated this is not the question here. He stated no one is debating if this is a service station. Mr. Herrick stated the more appropriate question here is whether a service station is authorized, because of the fact that it is a service station, to sell retail products other than automotive products. Mr. Herrick stated on Page 4 in the memorandum presented by Phillips 66 is the City's definition of a service station. He felt those words define and limit the essential services. He felt this definition does not refer to selling milk, bread, etc, but refers to other essential services related to the operation of vehicles. � FRIDLEY CITY COIINCIL MEETING OF JIILY 10. 1989 PAGE 7 Mr. Gangrud felt they should be given some consideration for the space they would be using if they were just selling gas and not to totally exclude it. Councilman Billings asked if public restrooms would be provided in this facility. Mr. Allison stated the restrooms were located at the car wash structure. Councilman Billings asked where the restrooms would be located if the car wash is not allowed. Mr. Gangrud stated they would be added to this service station facility. Mr. Allison stated plans are to include public restrooms with the service station as it is part of their service to the customer. Councilman Billings stated one of the concerns of the neighborhood was the 24 hour operation of this station. He stated this could have some detrimental affects in terms of lights, traffic, etc. He stated the Council has, in the past, placed certain stipulations on special use permits and has limited hours of operation. He asked a response from representatives of Phillips 66 if there was a stipulation regarding hours of operation. Mr. Gangrud stated Phillips 66 knows this is a concern, however, they have taken this into consideration in their lighting and landscaping, and felt a 24 hour operation is essential. Councilwoman Jorgenson asked if they have bullet proof glass in their service stations to which Mr. Allison answered in the affirmative. Councilwoman Jorgenson asked if they install this glass because they feel there may be some criminal element involved. Mr. Allison stated they feel they should take precautions for something that may or may not happen to protect their employees and the public. Councilman Billings asked if Phillips 66 would be complying with the new government regulations requiring ground water monitoring devices, as well as a general liability policy. He stated he is very concerned as this station would be located very close to Rice Creek which empties into the Mississippi River and is a source of water for many communities. Mr. Filippi, North Star Consultants, stated two monitoring devices would be installed and there would be procedures to audit tank Y FRIDLEY CITY COIINCIL MEETING OF JIILY 10. 1989 PAG$ 8 volumes. He stated they would be complying with recent Federal legislation in this regard. - Councilman Billings stated it is no secret that this type of facility is probably the least desirable to him and the neighbors for that parcel of property. He stated, however, it seems reasonable to assume that if Phillips 66 really desires a station at this location, they may pursue this goal. Councilman Billings stated he agrees with Mr. Gangrud that he cannot be convinced that there is only 118 square feet of retail space. He stated, for example, he would consider.the entire cooler, and not just a portion, as part of the retail. Councilman Billings stated when he moved to table this item at the last Council meeting, Phillips 66 stated the item had been delayed two weeks, but would like the record to show that it was postponed at the request of Phillips 66 in order for •them to have. a neighborhood meeting. He stated they decided not to have a meeting with the neighborhood. � Councilman Billings stated he would not feel comfortable with a motion to approve this subject to Phillips 66 working out the retail area with staff. He felt the 118 square feet was arbitrary and could not be substantiated with fact. He felt they have not been able to show they can meet the floor area requirement which should not exceed 30� of the building's total floor area. He stated he would be willing to table for two weeks for Phillips 66 to work with staff on the square footage and hours of operation so that it has a lesser impact on the surrounding neighborhood. Mr. Gangrud stated he wanted to make it clear that a neighborhood meeting was scheduled, however, the residents requested Mr. Allison not attend. Ms. Tangren, 7368 Symphony Street, stated the residents were contacted by Phillips 66 and they did not say they would refuse to meet with them, but Phillips 66 was told the residents did not want to meet with them at this time. Mr. Gangrud stated he has no problem working with staff, but did not feel they are in a position to bargain square footage versus hours of operation. Councilman Billings stated the hours of operation could be a contingency placed on the special use permit. He felt it does not have any direct correlation to the square footage. Mr. Gangrud stated he knows anything less than a 24 hour operation would not be acceptable with Phillips 66. FRIDLEY CITY COIINCIL MEETINQ OF JIILY 10, 1989 PAG$ 9 Councilman Billings stated the Council can take action this evening or continue the item for a possible resolution. Mr. Gangrud stated he would request the Council take action this evening on the special use permit request. MOTION by Councilman Billings to deny Special Use Permit, SP #89- 09. Seconded by Councilwoman Jorgenson. Councilman Billings stated he has moved for denial for one reason only and that is the Zoning Code requires that the maximum gross floor area occupied by such uses for retail sales shall not exceed 30� of the building's total floor area. He stated this application is for 400 square feet. Councilman Billings stated Phillips 66 representatives stated the square footage could be altered to meet this requirement, but indicated they did not want to meet with staff to resolve this issue. He stated he has no alternative but to deny the request on the basis they do not meet the criteria outlined in the Zoning Ordinance. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO 926 PROVIDING FOR TRANSFER OF TITLE OF THE FRIDLEY PLAZA PARKING RAMP LAND: MOTION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 926 on second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 21, 1989: A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-10. TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EOUIPMENT ON OUTLOT 1. BLOCK 1 FRIDLEY INDUSTRIAL PARK PLAT 1 ANOKA COUNTY. MINNESOTA, � TOGETHER WITH THE NORTH HALF OF THE SOUTHEAST 4UARTER OF SECTION 11 TOWNSHIP 30 RANGE 24 ANOKA COUNTY. MINNESOTA; EXCEPTING THE WEST 675 FEET THEREOF; INGLUDING THAT PORTION OF ABLE STREET VACATED OR TO BE VACATED INCLUDED IN SAID NORTH HALF OF THE SOUTHEAST 4UARTER GENERALLY LOCATED AT 1090 73RD AVENUE N.E.. BY TARGET STORES. INC.: AND RESOLUTION NO. 58-1989 APPROVING A FINAL PLAT, P.S. #87-05, TARGET NORTHERN DISTRIBUTION CENTER ADDITION: Ms. Dacy, Planning Coordinator, stated this special use permit is to allow exterior storage of materials and equipment on Lots 1, Block 1, Fridley Industrial Park Plat 1 at 1090 73rd Avenue. She stated the exterior storage is necessary for the use of the site as a major warehouse and shipping facility. Ms. Dacy stated trucks FRIDLEY CITY COtTNCIL MEETING OF JOLY 10. 1989 PAGB 10 and trailers will be parked temporarily, and sometimes overnight and pallet storage is proposed in the parking area in front of the building. Ms. Dacy stated the site is in an M-2, Heavy Industrial District. She stated a preliminary landscaping plan has been submitted which addresses some of the points discussed in the preliminary plat process. Ms. Dacy stated one of the concerns related to direct sight lines into the storage area, and that there will be a planting area at the end of the service entrance drive which is located directly across from Jackson Street. She stated tall evergreens will be planted in this area. Ms. Dacy stated landscaping will also be installed to screen the storage area from the proposed bikeway link to Locke Park and along Highway 65. Ms. Dacy stated the Army Corps. of Engineers has required construction of additional ponding on the east side of Able Street. Ms. Dacy stated the Planning Commission recommended approval of this special use permit with two stipulations regarding the time and type of planting materials. Mr. Dowd, representing Target Stores, stated he has no problem with the two stipulations. MOTION by Councilman Billings to grant Special Use Permit, SP #89- 10 with the following stipulations: (1) No evergreens shall be planted after November 1 of any planting season; and (2) All plant materials used in the upland herbaceous, tall meadow, short meadow, emeqent mudfalt, broad leaf marsh, and floating categories shall be native to Central Minnesota. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • Ms. Dacy stated staff is recommending approval of the final plat by adoption of this resolution with the four stipulations attached as Exhibit A. She stated the Planning Commission has recommended approval subject to a nwnber of stipulations. She stated that some of there stipulations have been complied with, and have already been removed from the resolution MOTION by Councilman Billings to adopt Resolution No. 58-1989, Approving Final Plat, P. S. #87-05, Target Northern Distribution Center Addition, with the four stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Upan a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIILY 10. 1989 PAGE 11 B. �'ONSIDERATION OF SETTING A PUBLIC HEARING ON REZONING. ZOA 89-03 TO REZONE LOT 2 AUDITOR'S SUBDIVISION NO. 89 FROM M-1 LIGHT INDUSTRIAL AND R-3 GENERAL MULTIPLE DWELLING, TO C-2 GENERAL BUSINESS GENERALLY LOCATED AT 7197 HIGHWAY 65 N.E., BY TED HAINES: MOTION by Councilwoman Jorgenson to set the public hearing for this rezoning on July 24, 1989. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF A REOUEST TO MODIFY M-1, LIGHT INDUSTRIAL DISTRICT. TO ALLOW CHURCHES: Ms. Dacy, Planning Coordinator, stated Steiner Development, Inc., owner of the University Business Center at 8000 University Avenue, has requested a church be permitted to occupy space in their building. She stated the property is zoned M-1 which does not permit churches as either a permitted or a special use. Ms. Dacy stated Steiner Development has requested the City consider amending the Zoning Ordinance to permit churches as a special use within an industrial district. She stated the Planning Commission has recommended the Council not consider an ordinance amendment as they felt to include churches in an industrial district would be contrary to the intent of the district to provide areas for light industrial uses. Ms. Dacy stated the Planning Commission requested staff evaluate if this site could be rezoned. She stated the majority of the uses in the building are industrial in nature. She stated the building was constructed and parkinq spaces provided for industrial uses so rezoning to commercial is not an option. Ms. Dacy stated since the Planning Commission meeting, the petitioner has submitted a letter from their Consulting Planners, Dahlgren, Shardlow and Uban, Inc., outlining conditions or guidelines that could be used in determining the appropriate special use permit process to allow a worship facility in an M-1 zone. I�is. Dacy stated staff still maintains its original recommendation that the M-1 district not be amended to allow churches as it will result in loss of industrial uses that may be located only in designated areas of the City. Mr. John Uban, Vice President of Dahlgren, Shardlow, and Uban, Inc., stated his consulting planners firm was representing Steiner Development, Inc. in their request to allow churches in an industrial district. FRIDLEY CITY COIINCIL MEETINQ OF JIILY 10. 1989 PAGE 12 Mr. Uban stated this area along Highway 47 and University Avenue is heavily traveled and, basically, commercial. He stated it is hard to determine what is commercial and what is industrial. He stated it does not have the appearance of an industrial park and churches are attracted to this type of development. Mr. Uban stated churches are located at the heart of activity and to say they belong only in residential areas is not the case. He stated they are interested in ease of access and attractiveness. Mr. Uban stated Northland Church Alive International has about 80 members and wish to grow. He stated they are looking for space to lease in order to begin their growth. He stated the use of this space would be temporary. Mr. Uban stated he felt it was important to create an avenue for churches to start ar►d allow them to build. Mr. Uban stated they would be willing to abide by any conditions imposed by the Council. He felt the location of the church in an industrial area is a good use, as parking is available, and the times they meet do not conflict with the normal hours of operation of the businesses located in an industrial area. He felt these parking lots should be used, rather than build more parking lots in a residential area. Ms. Dacy stated the past policy was churches could be located in any zone and the Zoning Code was amended to allow churches only in residential zones with a special use permit. Mayor Nee stated he could see where churches probably should not be located in an industrial zone, but questioned the rationale for not allowing them in other zoning districts. Ms. Dacy stated neighboring cities have found churches were occupying land that could be better utilized for industrial purposes. She stated if the community has a policy of establishing a certain amount of tax base, eaquate areas need to be provided for industrial and commercial uses. Ms. Dacy stated even as a tenant, the church could petition the State of Minnesota for a tax exemption and it could be the State's decision on whether to permit that exemption. Mr. Uban stated the City of Minnetonka leases industrial space for a church and has found it works well. He stated there is no loss of tax base and they would be willinq to make sure no taxes would be lost. Mayor Nee stated if the ordinance is changed, it would open up the entire M-1 districts for church uses. Mr. Uban stated the conditions and guidelines they submitted would eliminate most M-1 districts as they would have a front on a main FRIDLEY CITY COIINCIL MEETINQ OF JOLY 10. 1989 PAG$ 13 arterial and be built attractively. He felt there were enouqh conditions that would control where churches could be located in these industrial districts. Councilman Billings stated his first instinct is he does not see anything wrong with it. He stated, however, there are a number of issues to be considered and if there is a need for making a change. He stated there is also the question if this use is allowable under the amendment to the industrial district which was made in 1987, which permits commercial uses within multi-tenant buildings. Councilman Billings stated there are a number of issues he would like staff to address includinq an opinion from the City Attorney if they can maintain their tax base, if churches were allowed in an industrial district. He did not feel, however, this should be the sole deciding factor on whether or not churches should be allowed in an industrial district. He stated he would like staff to review the pros and cons and submit this to the Planning Commission as soon as possible for their review. He stated he was willing to make a commitment to review this request from Steiner Development, Inc. Mr. David Kordonowy, Steiner Development, Inc., stated one of their tenants in an industrial building in Minnetonka is a church organization. He stated they have their fellowship on Wednesday evenings and services on Sunday which does not conflict with the hours of other businesses located in the industrial center and the arrangement has worked well. He stated they have not received any waiver of their taxes due to this church being located at this site. Councilwoman Jorgenson questioned if condition No. 9, as outlined in Mr. Uban's letter, could be imposed as it states that "no funerals, weddings, or other major religious events would be allowed during normal business hours". Mr. Herrick stated this would have to be reviewed along with the other conditions suggested by Mr. Uban. Mr. Herrick asked i€ the Council was considering allowing churches only in existing industrial buildings or would they allow churches to buy vacant industrial land and build churches. Ms. Dacy stated the intent of the petitioner's request is the Council to pass an ordinance that churches be located in an industrial district as only part of a multi-tenant building. Mayor Nee stated the arguments are quite convincing to allow this use, however, he would certainly want to have the Planning Commission review this further. He stated the whole question of limiting churches to residential zones concerns him. �RIDLEY CITY COIINCIL MEETING OF JIILY 10. 1989 PAG� 14 MOTION by Councilman Billings to table and request staff to study this question further reviewing the pros and cons and submission to the Planning Commission for recommendation as soon as possible. Seconded by Councilman Fitzpatrick. Ms. Dacy stated Mr. Uban's letter could be presented to the Planning Commission and a follow-up on some of the other issues when this matter was first discussed. She stated it could be submitted to the Commission at their August meeting and to the Council at their August 28 meeting. Councilman Billings felt it should be done as soon as possible and reviewed by the City Attorney. He stated he appreciated the information submitted by Mr. Uban and this will probably serve as a good nucleus for the presentation to the Planning Commission. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. D. RESOLUTION NO. 59-1989 AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1989-90 FEDERAL CDBG FUNDS FOR HUMAN SERVICES ORGANIZATIONS: Mr. Barg, Planning Assistant, stated the Human Resources Commission reviewed the applications received for Community Development Block Grant Funds. He stated 14 applications were received which totaled $53,124. Mr. Barg stated the Human Resources Commission held a special meeting to review these applications and receive input from those who submitted applications for funding. He stated the Commission could only recommend funding about 65� of the total requests since only $34,068 is available. Mr. Barg stated the Planning Commission reviewed and approved the Human Resources Commission's recommendation for distribution of these CDBG Funds with no recommended changes. He requested the Council consider this recommendation and also adopt a resolution for the City to enter into contracts with the recipients of these funds. Mr. Roger Blohm, Vice President of the North Suburban Consumer Advocates for the Handicapped, stated he was asked by Jesse Ellingsworth to speak to the Council regarding their request for funding, as Mr. Ellingsworth recently had surgery and could not attend the meeting. Mr. Blohm stated the North Suburban Conswner Advocates for the Handicapped (NSCAH) requested $1,500 of the CDBG Funds which was not approved by the Human Resources Commission. He asked that the Council reconsider their request. Mr. Blohm stated it is possible that at least $500 may be needed in order for them to complete FRIDLEY CITY COIINCIL MEETINQ OF JIILY 10. 1989 PAG$ 15 their Accessibility Guide. He stated the other $1,000 was to purchase a computer for the Islands of Peace Office of NSCAH. He stated they would furnish invoices to show where the funds were spent. He stated this year they are experiencing a difficult time in obtaining grants. Ms. Sherek, Chairman of the Human Resources Commission, stated there was a contingency in the NSCAH's application stating they may need these funds for printing the Accessibility Guide. She stated this process has been going on for three months, but the NSCAH do not know what they need for printing costs. She stated the Commission felt they could not reserve funds for a contingency. Ms. Sherek stated in 1988, the NSCAH also requested fundinq for a word processor. She stated, at that time, they were asked to attempt to find one from another source and felt no efforts were made in that direction. Ms. Sherek stated it was felt there was no clear plan on what was to be done with this word processor and, therefore, did not fall within the top priorities for this funding. Ms. Elaine Vangerud, Supervisor of Outreach for ACCAP, stated she appreciated the Council's support and was very sorry that Nancy Jorgenson would be leaving as the Senior Outreach Worker. She stated she hoped they can replace her with someone who will do as good a job as she has done. Councilman Billings stated he would like to commend the Human Resources Commission for a very fine job. He stated he knows a lot of i�ime and effort goes into reviewing these applications. He stated with requests of over $53,000 and only $34,000 available, it is not possible to approve all the funding requested. MOTION by Councilman Billings to approve the recommendation submitted by the Human Resources Commission for the distribution of the 1989-90 CDBG Funds. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend the Human Resources Commission recommendation by appropriating $4,034 for Family Life Mental Health Center and $4,034 for the North Suburban Counseling Center, and $1,000 for the North Suburban Consumer Advocates for the Handicapped. Seconded by Councilwoman Jorgenson. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Blohm thanked the Council for their consideration. MOTION by Councilman Billings to adopt Resolution No. 59-1989 with the following amendments: North Suburban Consumer Advocates for the Handicapped, $1,000 for the purpose of printing and the Accessibility Guide and/or computer purposes; Family Life Mental Health Center, $4,034; and North Suburban Counseling Center, $4,034. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIILY 10, 1989 PAGE 16 The Council received the minutes of the Planning Commission meeting of June 21, 1989. 5. ITEM FROM THE MINUTES OF THE APPEAIS COMMISSION MEETING OF JUNE 13. 1989: A. �ONSIDERATION OF A VARIANCE. VAR #89-10. TO REDUCE THE REAR YARD SETBACK FROM 34 FEET TO 18 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE ON LOT 1, BLOCK 2. SYLVAN HILLS PLAT 4. THE SAME BEING 288 MERCURY DRIVE N.E.. BY DUANE JORGENSON: Ms. Dacy, Planning Coordinator, stated this is a request for a variance to reduce the rear yard setback from 34 to 18 feet to allow the expansion of an existing garage at 288 Mercury Drive. She stated the Appeals Commission has recommended approval of this variance. Ms. Dacy stated staff would recommend denial of the variance because it would reduce the rear yard setback by half and there is another alternative to add on to the front which would not require a variance. She stated Mr. Jorgenson could not be present this evening and his neighbor will speak on his behalf. Mr. Herrmann, 278 Mercury Drive, stated he has a letter from the neighbors to the south of Mr. Jorgenson, the McPhillip's, who felt this variance would enhance the neighborhood. The McPhillips felt they would like this addition, rather than having a detached building. MOTION by Councilman Fitzpatrick to receive the letter from the McPhillips in favor of this variance. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy stated the other alternative is to construct a detached building or add onto the front of the existing garage. Councilwoman Jorgenson stated she would consider where Mr. Jorgenson is planning his expansion as a side yard rather than a front yard. Mayor Nee stated the whole presentation of the house is University Avenue even though the address is Mercury Drive. Ms. Dacy stated the petitioner intends to store a boat and other equipment so she felt the driveway would have to be widened in order to gain access. MOTION by Councilman Billings to grant Variance, VAR #89-10, with the stipulation that the appropriate hard surface driveway be constructed in conjunction with the addition. Seconded by FRIDLEY CITY COIINCIL MEETING OF JIILY 10, 1989 PAGE 17 Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF A VARIANCE, VAR #89-09. TO REDUCE THE REAR YARD SETBACK FROM 29.8 FEET TO 7 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE ON LOT 12. BLOCK 4, BROOKVIEW TERRACE 2ND ADDITION, THE SAME BEING 999 OVERTON DRIVE N.E.. BY ROBERT AND DONNA TOMCZAK• Ms. Dacy, Planning Coordinator, stated this is a request to reduce the rear yard setback from 29.8 feet to 7 feet to allow the expansion of an existing garage at 999 Overton Drive. She stated in 1961, when the home was constructed on this corner'lot, the 35 foot front yard setback was observed on both street frontages. Ms. Dacy stated in 1965, the existing garage was constructed in the required rear yard setback of 29 feet. She stated, apparently, an interpretation was made that the garaqe was in the side yard. Ms. Dacy stated in 1976, the Commission denied a variance to place a pool and fence in the front yard abutting 68th Avenue. She stated the front yard, as defined by the code, is in reality functioning as a side yard since the access and orientation of the house is toward Overton Street, the defined side yard. She stated, consequently, the defined rear yard is in fact functioning as a side yard. Ms. Dacy stated the Appeals Commission recommended approval of the variance and staff concurs the variance is warranted as everything abutting the structure is functioning towards Overton Drive. She stated the Appeals Commission recommended that future accessory buildings shall be limited to a maximum of 100 square feet in size. Mr. Tomczak, the petitioner, stated he needs more room and would like to add on to the garage and re-landscape. MOTION by Councilman Billings to grant Variance, VAR #89-09, with the stipulation that future accessory buildings shall be limited to a maximum of 100 square feet in size. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF AN EXTENSION OF VARIANCE APPROVAL FOR TWIN CITY FEDERAL. VAR #88-09, 5205 CENTRAL AVENUE N.E.: Councilman Billings stated Twin City Federal came in a year ago because they wanted to do some expansion at their Fridley facility. He stated it appears that the people from Skywood Mall and their attorney have no desire to proceed to get these things accomplished. MOTION by Councilman Billings to extend approval of Variance, VAR #88-09, for one year. Seconded by Councilwoman Jorgenson. Upon �RIDLEY CITY COIINCIL MEETINQ OF JIILY 10, 1989 PAGE 18 a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated when Twin City Federal applied for the variances, it was found that the owners of Skywood had some prior obligations to the City which they had not fulfilled. He stated if they have not done what was promised, he is prepared to move to rescind their certificates of occupancy and licenses in order to get their attention. He stated the owners of Skywood Mall are not fulfilling their obligations and creating a hardship, as Twin City Federal cannot proceed with their expansion which would alleviate some af the traffic problems in the area. Ms. Dacy stated sca�� of the outstanding items are enclosure of the trash compactor, campletion of the parking lot, and landscaping. Councilwoman Jorgenson stated the handicapped parking is definitely lacking at the Skywood Mall, as these parking spaces are very limited. Mr. Herrick, City Attorney, stated from the letter from Briggs and Morgan dated June 16, 1989, it appears Skywood Mall is in some bankruptcy or receivership. He stated he did not know to what extent that complicates matters. He stated in the second paragraph of the letter, there is some indication the attorney is not going to do anything until he gets the approval of the owners of Skywood and the receivership appointed by the court, Towle Company, and then also makes reference to the City. He stated it looks like the City would be dealing with a number of different people and this may be gart of the problem. He stated it may be that the owners of the property, if they are in receivership, do not have authority to do anything. Councilman Billings stated someone has authority to collect the rents but, apparently, there is no mechanism for anything else that needs to be done. He stated he would request staff, in conjunction with the City Attorney, to send a letter to someone with the authority to get these things accompTished. He stated he would like ta see some positive steps taken with Twin City �ederal. 7. RECEIVING PETITION NO 10-1989 FROM DAHL & ASSOCIATES, INC. TO INSTALL MONITORING WELL ON CITY PROPERTY NEAR THE JET STATION 7600 UNIVERSITY AVENUE N.E.: Mr. Flora, Public Works Director, stated Dahl & A�saciates, Inc. has petitioned the City to allow the installa�ion of a monitoring well on City property �ear t�� J�t �tation at 7600 University Avenue. He stat�d st�ff �o��ei recommend the Council receive the petition aa�� agg��ave the ��acement of a monitoring well in the boul�var�i �r�.�:� ti�� condition that the City be held harmless and be provic�..�d with copies of the reports on this monitoring. r $RIDLEY CITY COIINCIL MEETIN6 OF JQLY 10. 1989 PAGE 19 MOTION by Councilwoman Jorgenson to receive Petition No. 10-1989 and approve the placement of a monitoring well in the boulevard, subject to the condition that the City be held harmless and provided with copies of the monitoring study for the City's records. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF CHANGE ORDER NO. 6 FOR STREET IMPROVEMENT PROJECT NO. ST. 1988 - 1& 2: Mr. Flora, Public Works Director, stated this change order is to install an irrigation controller and appurtenances to the irrigation system alonq East Moore Lake Drive. He stated it was originally intended the system for the boulevard irrigation would be connected to the irrigation system for the new shopping center and health club. He stated as the private irrigation system will not be in operation for several weeks and cannot service the northern side of the road very well, the HRA Executive Director has concurred with the recommendation that a separate controller be installed for the public portion of the irrigation system. Mr. Flora stated the HRA will be paying for this installation. MOTION by Councilman Fitzpatrick to approve Change Order No. 6 for Street Improvement Project No. ST. 1988 - 1& 2 in the amount of $2,500.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVING BIDS AND AWARDING LANDSCAPING PROJECT FOR THE MUNICIPAL CENTER AND RAMP: Mr. Flora, Public Works director, stated the City re-advertised for bids for the landscaping for the Municipal Center and ramp and two bids were received. MOTION by Councilman Fitzpatrick to receive the following bids for the landscaping project for the Municipal Center and ramp: Seefert-Hines Lino Lakes Landscaping Total $48,481 $48,818 Alt. 1 $6,071 $5,600 Alt. 2 $1,580 $1,800 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated the low bidder was Seefert-Hines and it is recommended that the bid be awarded to them with Alternates 1 and 2. MOTION by Councilman Fitzpatrick to award the bid for the landscaping project for the Municipal Center and ramp to the low r FRIDLEY CITY COIINCIL MEETINQ OF JOLY 10, 1989 PAGE 20 bidder, Seefert-Hines in the amount of $48,481 plus $6,071 for Alternate 1 and $1,580 for Alternate 2 for a total of $56,132. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FI�� Mr. bids bids RECEIVING BIDS AND AWARDING SIGNAGE PROJECT FOR THE MUNICIPAL CENTER AND RAMP• � Flora, Public Works Director stated the City re-advertised for for the signage for the Municipal Center and ramp and three were received. MOTION by Councilwoman Jorgenson to receive the following bids for the signage for the Municipal Center and ramp: Nordquist Sign Company Lawrence Sign Company Leroy Signs $28,350 $29,054 $37,769 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated the low bidder was Nordquist Sign Company and recommended the bid be awarded to them for $28,350. MOTION by Councilwoman Jorgenson to award the bid for signage for the Municipal Center and ramp to the low bidder, Nordquist Sign Company in the amount of $28,350. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 60-1989 TO ADVERTISE FOR BIDS FOR THE MUNICIPAL CENTER MECHANICALLY ASSISTED CENTRAL FILE SYSTEM: Ms. Haapala, City Clerk, stated the central file system is part of the remodeling project. She stated this system would eliminate duplicate files and merge similar files, as well as eliminate files that are no longer needed. MOTION by Councilman Fitzpatrick to adopt Resolution No. 60-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF A RESOLUTION AUTHORIZING i�MENDMENT OF A JOINT POWERS AGREEMENT TO FORM A COALITION OF METROPOLITAN COMMUNITIES TO PROVIDE FOR A CHANGE IN NAME: Councilman Billings questioned the changes in some minor non- substantative language. �RIDLEY CITY COIINCIL MEETING OF JQLY 10. 1989 PAGE 21 Mr. Burns, City Manager, felt perhaps this should be tabled for further review and clarification of these changes. MoTION by Councilman Billings to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY ADDING CHAPTER 513: REGULATION OF SKATEBOARDS ROLLERSKIS ROLLERSKATES. AND ROLLERBLADES: Mr. Hill, Public Safety Director, stated there has been an increasing concern on the part of employees, as well as residents, regarding skateboards in the plaza. He stated there was also concern about their use on the tennis courts. Mr. Hill stated because of the potential liability to the City, Mr. Hunt has been working with the City's insurance carriers on this issue. He stated there is quite a concern among those entities, as well as the City Attorney's and Prosecutor's offices. He stated he has received several calls from residents which perceive these skateboards to be a threat to public safety and users of the Municipal Center. Mr. Hill stated this ordinance is presented for the Council's consideration which would, hopefully, control the utilization of skateboards, rollerskis, rollerskates and rollerblades in the City. He stated the proposed ordinance has been reviewed by the City Attorney's office and is modeled after several other cities' ordinances. He stated he did not feel it is as restrictive as other cities, but there is a need to provide for the public safety. Mr. Hill stated the use of these items on streets was not excluded, as long as they comply with the same requirements as outlined for bicycles. He outlined the circumstances where these items would be prohibited. Mr. Hill stated in conferring with North Star Risk Services, Inc., they stated this has become a problem in the State of Minnesota and concurred the primary injuries are head injuries. Mr. Herrick, City Attorney, stated this proposed ordinance was reviewed by his office. He stated the first draft would have prohibited the use of these items on sidewalks and that has been removed. Mr. Hill stated in reviewing the State statute, it does allow bicycles to operate on sidewalks, as long as there is no local ordinance to prohibit it. He stated since this is related to the regulations of bicycles, it was felt it should not be any more restrictive than necessary. FRIDLEY CITY COIINCIL MEETING OF JIILY 10, 1989 PAGE 22 MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 61-1989 AUTHORIZING AN I1�CREASE IN COMPENSATION FOR THE CITY MANAGER: MOTION by Councilwoman Jorgenson to adopt Resolution No. 61-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. APPOINTMENT: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: STARTING STARTING RE- NAME POSITION SALARY DATE PI� Raymond Statler Engineering $12.96 July 17, Jerry Technician per hour 1989 Nord- Grade G $2,246.45/ lund (Non-exempt) month) Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 27006 through 27230. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Herrick & Newman 6401 University Avenue N.E. Suite 205 Fridley, NIId 55432 FRIDLEY CITY COIINCIL MEETINQ OF JIILY 10, 1989 PAG$ 23 For services rendered as City Attorney For the month of June 1989 . . . . . . . . . . .$ 6,021.95 HNTB 6700 France Ave. So. Suite 260 Minneapolis, 1�I 55435 Water Distribution System Study Project No. 191 Estimate No. 2 . . . . . . . . . . . . . . . . . $ 2, 082 . 06 C.S. McCrossan, Inc. P. O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 4 . . . . . . . . . . . . . . . . . $68, 725.99 J. T. Noonan 3601 48th Avenue N. Brooklyn Center, I�T 55429 Corridor Maintenance Project No. 190 Estimate No. 3 . . . . . . . . . . . . . . . . . . $ 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. 4 . . . . . . . . . . . . . . . . . $ 3,996.65 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 10, 1989 adjourned at 10:4'T p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: � William J. 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No. 94 and Gena-Rae Addition, by the City of Fridley Attached is the staff report for the vacation of a portion of drainage and utility easements in R.L.S. No. 94 and Gena-Rae Addition. The Planning Commission recommended approval of the vacation request. The first reading of the ordinance authorizing the vacation will be scheduled for City Council approval on August 14, 1989. BD/dn M-89-414 2 � � cinroF F� �� DATE: TO: FROM: SUBJECT: COINIMUNITY DEVELOPMENT DEPART'MENT MEMORANDUM 2A June 15, 1989 Planning Commission Members Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Vacation of Obsolete Drainage and Utility Easements Lying within Certain Tracts of R.L.S. No. 94, SAV #89-03 Attached please find a memo from Clyde Moravetz, Engineering Department Assistant, outlining the history of the drainage easements located on Tracts G, H and I of Registered Land Survey No. 94. Drainage and utility easements were established on Outlot 1 of the original Gena-Rae Addition. The property was then condemned by the City as park land and R.L.S. No. 94 was recorded to establish the easement right-of-way for Creek Park Lane. The original drainage and utility easements were not carried through to R.L.S. No. 94, and new drainage and utility easements were established when development occurred on Tracts C, D, E, G, H and I of R.L.S. No. 94. Staff recommends that the Planning Commission approve the request, SAV #89-03, by the City of Fridley, to vacate obsolete drainage and utility easements on certain tracts of R.L.S. No. 94. PLANNING COMMISSION ACTION The Planning Commission recoaunended approval of the vacation request. CITY COUNCIL RECOMr�iENDATION Staff recommends the City Council concur with the recommendation of the Planning Commission and approve the vacation. The first readinq of the ordinance authorizing the vacation should be scheduled for City Council approval on August 14, 1989. TO: FROM: DATE: E„ ,,. �,,,, Sc'K�•; W . _ S! � i MEMORANDUM William W. Burns, City Manaqer , John G. F1ora,�Public Works Director �j,��lyde V. Moravetz, Engineering Assistant June 7, 1989 SUBJECT: Outlot 1, Gena-Rae Addition Obsolete Drainage and Utility Easements Lying Within Certain Tracts of Registered Land Survey No. 94 PW89-127 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. ihe creation of Creek Park Lane also created three remnant parcels of prope�rty 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. 2B , � 2C 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 encompassinq 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 drainaqe and utility easements were established without reference to the original drainage and utility easement. In fact, it was not reali2ed 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 wPSt 6 feet of said Outlot 1 lying within tracts H and I of Registered Land Survey No. 94. (See attached draft ordinance). I further recommend the City Council: 1) Establish a public hearing for July 10 at their meeting of June 19. The Planning Commission can review the City initiated vacation at their June 21 meeting, 2) Have the first reading of the ordinance after public hearing on July 10, 3) Schedule second reading for July 24. JGF/CVM/ts Attachment PUBLIC HEARING BEFORE THE CITY COUNCIL 2D Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Monday, July 24, 1989 at 7:30 p.m. for the purpose of: Consideration of a vacation, SAV #89-03, by the City of Fridley, to vacate that part of the north 6 feet of Outlot 1, Gena-Rae Addition lying within Tracts G and H of Registered Land Survey No. 94 (except the west 5 feet of said Tract H), and that part of the east 1 foot of the west 6 feet of said Outlot 1 lying within Tracts H and I of Registered Land Survey No. 94 (except the north 6 feet of said Tract H), generally located at 1371 Creek Park Lane N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: July 5, 1989 July 12, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. PLANNING COMMI88ION MIEETING. JIIN$ 21, 1989 - PAa$ 8 1. Future tenants certificate of parking can be in the buildinq 1 not receive a occupancy unti is shown that adequate provided the proposed use. 2. There shall be no tside storaqe or display by the owner and/or tenan . IIPON A VOICE VOT L VOTING AYB, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRI IMOIISLY. Mr. Be old stated that on July lOth the City Council will set a he ng date to discuss this request. 3. CONSIDERATION OF A VACATION SAV #89-03 BY THE CITY OF FRIDLEY: To vacate that part of the north six feet of Outlot 1, Gena-Rae Addition lying within Tracts G and H of Registered Land Survey No. 94 (except the west five feet of said Tract H) and that part of the east one foot of the west six feet of said Outlot 1 lying within Tracts H and I of Registered Land Survey No. 94 (except north six feet of said Tract H) Ms. McPherson referred to the June 7, 1989, memo from Mr. John Flora and Mr. Clyde Moravetz regarding the history of the parcel. The request is made to assist in clearing the title of the parcel. The easements in question are located in the Gena Rae addition. When the original plat was recorded, there were drainage and utility easements established. The City condemned a portion for a park and then decided it was not suitable for a park. The Registered Land Survey #94 was recorded which allowed the recorded easement for Creek Park Lane to occur. When the new subdivision occurred, Creek Ridge, the City did not realize the easements existed, and new drainage and utility easements were established. These are no longer required so staff is recommending approval of vacation of the easements. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend the City Council approve Vacation, SAV #89-03 by the City of Fridley, to vacate that part of the north six feet of Outlot 1, Gena-Rae Addition lying within Tracts G and H of Registered Land Survey No. 94 (except the west five feet of said Tract H) and that part of the east one foot of the west six feet of said Outlot 1 lying within Tracts H and I of Registered Land Survey No. 94 (except north six feet of said Tract H). IIPON A VOICE VOTS, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. 4. DISTRICT TO ALLOW CHURCHES 0 2E SAV �689-03 � City of Fridley ZF 2 SEC. /3, T 30, R. 24 cirr oF FRiocEr 13 � 12 i i N/ C ia �,.' d• � ' �o ye -�'T�w'-ss- . 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I William Burns, City Manager 11� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Public Hearing on a Rezoning Request, ZOA #89- 03,, by Ted Haines Attached is the staff report for the public hearing on a rezoning request at 7191 Highway 65 N.E., the site of the former Kurt Manufacturing building. The Planning Commission recommended approval of the request subject to two stipulations: 1. Future tenants in the building shall not receive a certificate of occupancy until it is shown that adequate parking can be provided for the proposed use. 2. There shall be no outside storage or display by the owner and/or tenants. Staff recommends the City Council approve the request without stipulation No. 2(see City Attorney's memorandum). Because the petitioner needs to close on the property by August 1, 1989, staff has also scheduled first reading of the ordinance later in the agenda. BD/dn M-89-415 3 _ 3A � STAFF REPORT APPEALS DATE C�� PLAPNVG GOMiMSS10N DATE : June 2 1, 1989 F[ZIDLEY CRY OOI�IqL DATE : July 10, i989 µ�Fqq BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSlTY PRESENT ZON�IG ADJACENT LAND USES $� Z�%i%i� t�'T�EaS PARK DEDICATION ANALYSIS FYVANCIAL NNPLICATIONS CONFORMANCE TO COMPREhENSNE PLMI COMPATBK..fTY WRH ADJACENT USES b ZONhIG ENVIRONMENTAL CONSDERATION�S STAFF RECOMMEPOATION APPEALS RECOMMENDATION PLM�VNG COMMISSION RECOIuMAENDATION ZOA ��89-03 Ted Haines Rezone from M-1, Light Industrial and R-3, General Multiple Dwelling to C-2, General Business 7191 Highway 65 N.E. ].4 acres N/A M-1, Light Industrial and R-3, General Multiple Dwelling North, M-1 Light Industrial; South, M-1, Light Industria (mobile home sales); East, R-3, Multiple Family; tdest, Highway 65 and M-2, Heavy Industrial (Target Warehouse) Municipal services are available to the site N/A None industrial identified on plan Yes � Property owner has complied with MPCA requirements regarding hazardous waste clean up on the site in 1984. Approval with stipulations N/A Approval with stipulations �-J Staff Report ZOA #89-03, Ted Haines Page 2 BACKGROUND The site is zoned both M-1, Light Industrial, and R-3, General Multiple Dwelling. The M-1 zoning exists on the west half of the property. This portion has been zoned M-1 since 1958. The east half of the property was zoned R-1, Single Family. In 1963, the eastern portion of the property was zoned R-3, General Multiple Dwelling. In 1959, the City issued a building permit for Minnesota Door Company to construct the existing structure. In 1984, Kurt Manufacturing, the current owner of the property, made several improvements to the building and to the site. In November 1984, the City approved a variance to allow a reduced driveway and parking setback and approved a special use permit to allow R-3 property to be used as a parking lot. Also in 1984, Kurt Manufacturing complied with MPCA requirements to clean contaminated soils and groundwater on and beneath the property. REQUEST The petitioner, Ted Haines, is requesting rezoning of the property to operate a snowmobile showroom and dealership to be called "City Sports". Mr. Haines currently owns Forest Lake Motorsports and is the largest national dealership of Polaris snowmobiles. The petitioner also intends to sell small watercraft such as jet skis, motorcycle parts or other small engine parts in the future. Also proposed to be located in the building is Mardies Embroidering. Mardies Embroidering stitches lettering on clothing and other garments. Approximately six to eight employees are anticipated for the snowmobile operation and three to four employees for the embroidering use. All activity at this time is proposed to be conducted inside the building. The petitioner also intends to remodel the facade of the building, including repainting, removing the awning on the front of the building and installing display windows along the front of the building. The petitioner is also considering installing an eigr.t foot cyclone slatted fence for security around the property. The building is 10,800 square feet. Mardies Embroidering will occupy 3,000 square feet. The showroom will consist of 3,500 square feet and the service area will be 3,000 square feet. The remaining square footage will be office and storage areas. 3C Staff Report ZOA #89-03, Ted Haines Page 3 ANALYSIS When evaluating a zoning request, the City should evaluate the intent and uses of the proposed district and evaluate its compatibility with the adjacent uses and zoning. While the adj acent zoning to the north and south of the subj ect property is M-1, Light Industrial, the character of the existing uses are commercial. To the north of the site is an automotive service station and a vacant parcel adjacent to the industrial buildings farther east on 72nd Avenue. To the south are mobile home sales and office uses. Rezoning the site to C-2 would permit commercial oriented uses to occupy the site. Because other uses are more commercial in nature, it should not have an adverse impact on adjacent uses and zoning. The area is also well separated from the R-3 area to the east. This rezoning application also initiates an effort to rezone the properties abutting Highway 65 to a commercial zoning, consistent with initial discussions in the Old Central Avenue land use study. There are other adequate vacant land parcels zoned industrial such that the loss of M-1 zoning on these parcels would not constitute a significant loss in available M-1 property. Also, the subject property is split by two zoning districts. The rezoning action would rectify this situation. Existing Site Plan The existing site has approximately 41 parking spaces in the rear and up to ten spaces along the front of the building. This amount of space is more than adequate to accommodate the proposed uses for the building. However, if the building were to be used by a more retail oriented use occupying the entire 10,800 square feet, the zoning ordinance would require 71 spaces (1-150 square feet). Additional spaces could be provided on the site, however, providing 71 spaces cannot be accomplished. The City Attorney has reviewed this application and suggests that a stipulation be placed on the approval that future tenants must prove that adequate parking exists for the proposed use including the option of obtaining additional cross parking easements with adjacent properties. The ordinance also requires one space for every 2D0 square feet for a speculative building. Using this ratio, only 54 spaces are required. Given the location and nature of the site, staff does not anticipate a parking problem at this location, but the stipulation as suggested by the Attorney's Office is necessary. 3D Staff Report ZOA #89-03, Ted Haines Page 4 The petitioner has also indicated an interest in acquiring the property to the south which would also provide additional area for parking. The petitioner has also indicated that an application for outdoor storage may also be considered in the future, depending on the volume of business that is to be conducted from the building. _�Yi1��MfF� Although the proposed rezoning request will create a C-2 district surrounded by M-1 and R-3 zoning, the proposed rezoning is appropriate for the existing land uses and will initiate an effort to convert the commercially used properties to a commercial zoning. The rezoning action will also rectify a split zoning situation on the subject property. RECOMMENDATION Planning staff recommends the Planning Commission recommend approval of the rezoning request, ZOA #89-03, for 7191 Highway 65 to be rezoned from M-1, Light Industrial and R-3, General Multiple Dwelling to C-2, General Business, subject to the following stipulation: 1. Future tenants in the building shall of occupancy until it is shown that provided for the proposed use. PLANNING COMMISSION ACTION not receive a certificate adequate parking can be The Planning Commission unanimously recommended approval of the request, but added a second stipulation: 2. There shall be no outside storage or display by the owner and/or tenants. STAFF UPDATE The City Attorney has written an opinion (attached) as to whether the second stipulation is proper. He recommends that the City Council not include it in the City Council's motion, if the request is approved. CITY COUNCIL RECOMMENDATION Staff recommends the City Council approve the request without stipulation No. 2(see City Attorney's memorandum). �'irgil C. Herrick Jame� D. Hocfc Grcgg �'. Hcrrick l�f C��umcl Da� i�� P. '.�e�� man T0: FROM: DATE: f:�� -�:E�' ��;� � �T�`�`�°��.��'� - - ;,; ATTORNEYS AT LAVV MEMORANDUM Barbara Dacy, P1 anni ng Coordi nator �� Virgil C. Herrick, City Attorney June 29, 1989 3E Stipulation on Proposed rezoning, ZOA #89-03, Ted Haines This Memorandum is in response to your inquiry on the above subject dated June 27, 1989. I have reviewed your Memorandum and the Minutes of the Planning Commission dated June 21, 1989. I have also reviewed the Planning Commission Minutes of January 27, 1988 and the Council t4inutes of February 8, 1988 as they pertain to AB Systems, Inc. It is my understanding that Ted Haines has applied to rezone the subject property from M-1 and R-3 to a C-2 zoning. I understand that he intends to establish a snowmobile dealership and showroom in the building and that he might also include watercraft and motorcycle parts. In addition it appears that a portion of the building will be leased to a company that will be doing lettering of sports garments. The Planning Commission held a public hearing and recommended approval of the zoning, subject to the provision that there shall be no outside storage or display by the owner or the tenants. Following the action of the Planning Commission the appiicant has requested an opinion as to whether this is a proper condition to be placed on the recommendation for rezoning. Fridley city code, in the portion relating to the C-2 district, authorizes outside storage of recreational vehicles, boats, etc., upon obtaining a speciai use permit (205.14 1C3). The code also states that exterior storage shall be fully screened so as not to be visible from any public right-of-way or adjoining property of a different district (205.14 7B2). 205.14 7D provides the requirements for screening of outside storage. �ui�c ?U7, (��301 L'ni��ersit�� :-��enue N.E.. Fri�lley, 1�linnesota ��-l3?, 612-�71-3�50 PUBLIC HEARING BEFORE THE CITY COUNCIL 3F Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Monday, July 24, 1989 at 7:30 p.m. for the purpose of: , Consideration of a Rezoning, ZOA #89-03, by Ted Haines, to rezone Lot 2, Auditor's Subdivision No. 89 from M-1, Light Industrial, to C-2, General Business, generally located at 7191 Highway 65 N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: July 12, 1989 July 19, 1989 1 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 3G MOTION by Mr. Svanda, seconded by Ms. Sherek, to re end to the City Council approval of the Special Use Permit SP �89-10, by Target Stores, Inc., per Section 205.18.O1.C. ) of the Fridley City Code, to allow exterior storaqe of mater ls and equipment on Outlot 1, Block 1, Fridley Industrial Par Plat l, Anoka County, Minnesota, together with the North Half f the Southeast Quarter of Section il, Township 30, Range 2, Anoka County, Minnesota; excepting the West 675 feet thereof; ncludinq that portion of Able Street vacated or to be vacated i luded in said North Half of the Southeast Quarter, qenerally 1 ated at 1090 - 73rd Avenue N.E., with the following stipulati s: 1. No evergreens e planted after November 1, 1989. 2. All plant aterials used in the upland herbaceous, tall meadow, ort meadow, emergent mudflat, broad leaf marsh, and f ating categories be native to Central Minnesota. IIPON A VOIC�OTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION C�ItRIED ZJNANIMOIISLY. Mr. tzold stated this item will go to City Council on July 10, 19 . 2. CONSIDERATION OF A REZONING ZOA #89-03. BY TED HAINES: To rezone Lot 2, Auditor's Subdivision No. 89 from M-1, Light Industrial, and R-3, General Multiple Dwelling, to C-2, General Business, generally located at 7191 Highway 65 N.E. MOTION by Mr. Kondrick, seconded by Mr. Barna, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED T8E MOTION CARRIED IINANIMOIIBLY l�IdD THE PQBLIC HEARING OPEN AT 7550. Ms. Dacy stated the facility is located on the southeast corner of 72nd Avei�ue and Hwy. 65. The property is zoned both M-1, light industrial, and R-3, multiple family. The westerly half of the site was zoned M-1 since 1958 and the east half has had a residential zoninq of either R-1 or R-3 since that time. In 1959 the Minnesota Door Company received a permit to build the existing structure on the site. In 1984 Kurt Manufacturing, the current owner, made several site and building improvements-and received a sp'ecial use permit to use the R-3 portion of the lot as a parking area. Ms. Dacy stated Mr. Ted Haines is requesting rezoning the entire parcel to C-2 to enable him to establish a snowmobile dealership and showroom in the existinq building. He is also looking at including small water craft and motor cycle parts. The facility PLANNING COI+II�I88ION 1SEETING. JIINE 21, 1989 - PAGB 5 would employ occupied for square feet shop. 6-8 persons. The majority of the buildinq would be a showroom, offices and storaqe area. About 3,000 of the building would be occupied by an embroidery Ms . Dacy stated that from a zoninq standpoint, this comes at a time when the City is lookinq at existing uses in the area. Staff recommends approval of the rezoning because, even though it may appear on the map as a spot zone, the use of the adjacent properties are commercial in nature and approval will work toward keeping the area commercial. It also rectifies a split zoning situation. Ms. Dacy stated that as far as the site plan issue is concerned, staff indicated some concern about the parking area. If staff uses the parking space ratio for retail, the petitioner would need 71 spaces on site. If staff uses another ratio in the ordinance for speculative commercial zoning, only 54 spaces are required and that amount of parking exists on site. Based on the type of structure and location, staff does not anticipate parking to be a problem. The City Attorney recommended the stipulation included in the staff report so that future tenants in the building shall not receive a certificate of occupancy until it is shown that adequate parking can be provided for the proposed use. Mr. Haines plans to repaint, remodel, add a new facade treatment, and add display windows along the front which staff feels would improve the appearance. Staff is recommending approval of the request with the one stipulation. Mr. John Livingston attended the meeting as a representative of Mr. Haines. Mr. Kondrick asked if Mr. Haines planned to sell motorcycles at this location. Mr. Livingston stated he does not. The plan at this location is to get out of the motorcycle business. The plan is to take the best parts of what they have learned from his other location in Forest Lake and Mr. Haines does not want to be involved in those things that are "theft oriented". Sales would be primarily of snowmobiles and, possibly, personalized water craft such as jet skis. Mr. Haines may provide some motorcycle parts but does not want to have a motorcycle dealership. Mr. Haines is purchasing this site in response to a contract with Polaris Snowmobiles. He did note that he may, in the future, address the issue of water craft. If it should change, he will come back and talk to the commission. Mr. Betzold asked what remodeling is being planned. 3H 31 .i. �is . . ��: . � �1�. � _ Mr. Livinqston stated that rouqhly 120 feet in the front of the buildin�, and specifically the south half of the building, would be remodeled to incorporate display windows. Mr. Haines aleo plans to update the facade. When asked if the plan is to include illuminated awnings, Mr. Livingston stated that this had been discussed but he didn't know what was planned. The awninqs qive visibility at niqht and makes the buildinq less likely to be tampered with. Mr. Betzold asked about the parkinq and whether or not it would be primarily in the back. Mr. Livingston stated that Mr. Haines has the largest Polaris dealership in the U.S. located in Forest Lake. He has done a count of cars and the Iargest number has been 15 at their main dealership. The Frid`Iey �ocation is considered a sub-dealership and they do not anticipate any problem. The showroom will be separate from the rest of the buildinq. An access door will be put in on the east for those who park in the rear. Mr. Betzold asked if there is any lonq ranqe plan to limit access to Highway 65. Ms. Sherek indicated that 73 1/2 was presented for closure and the plan is to close all left turns in the next 5 years. Mr. Livinqston stated the site is also close to the intersection at 73rd. Mr. Betzold wanted to make sure Mr. Haines is aware that there may be changes in the future. Mr. Livingston indicated Mr. Haines is aware of this. The site is a place to which people drive. Mr. Betzold asked if Mr. Haines will be erectinq a siqn. Mr. Livingston indicated Mr. Aaines does not know a siqn can be , placed there. Mr. Haines' goal is to have a siqn on the building, but since he found out, he may pursue it but Mr. Livingston stated he thauqht Mr. Haines would be conservative. Mr. Barna asked staff if, in the future 72nd Avenue was closed, is there adequate property between the site and HwY. 65 for full cut back road. Ms. Dacy stated the first 40 feet is dedicated as easement for a service road and 10 parking spaces back out on the existinq service road. Mr. Svanda asked what Rurt 1+Ianufacturing did at the site. 3J PLANNING COMMISBION 1dEETINa, JIINE 21. 1989 � p�G$ � Mr. Kondrick stated they were a metal fabricatinq company. Mr. Svanda asked if there had been an environmental audit at the site. Ms. Sherek indicated an audit had been done and any recommended clean up completed. Mr. Barna asked if Mr. Haines was aware that there is no outside storage. Ms. Sherek stated that Crysteel just came in recently for showroom and we have prohibited outside storage and probably will also request that this not be done at this site. Mr. Livingston stated this has been only mentioned. He did not think Mr. Haines would do anything to jeopardize the Polaris contract. If there are any changes, he will come back. Mr. Betzold asked if they were aware of the parking problem. The stipulation details the parking with regard to future tenants. The parking is not there for a retail area. Mr. Barna asked if the other retail area was a part of the company. Mr. Livingston stated this is a separate company with stitching machines who do letterinq on jackets. They are not related to the motor sports business. To his knowledqe they are a contract business. MOTION by Mr. Kondrick, seconded by Mr. Barna, to close the public hearing. OPON A VOICE VOTE� l�LL VOTING AYE� CEAIRPERSON BETZOLD DECLARED THE PIIBLIC HEARING CLOSED AT 8:10 P.M. Mr. Kondrick felt that a motion to approve the request should include a stipulation regarding outside storage. Ms. Sherek agreed. Even though this tenant does not intend to use outside storage, a future tenant may end up doing so. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend the City Council approve the rezoning request, ZOA -#89-02, by Ted Haines, to rezone Lot 2, Auditor's Subdivision No. 89 from M-1, Light Industrial, and R-3, General Multiple Dwelling, to C-2, General Business, generally located at 7191 Highway 65 N.E. with the followinq stipulations: Y I__- __- . __. . �Ll�NNING COlQII88ION l�IgBTINQ. JIINB 21. 1989 — P�GE 8 1. Future tenante in the buildinq shall not receive a certificate of occupancy until it is shown that adequate - parkinq can be provided for the proposed use. 2. There shall be no outside storage or display by the owner and/or tenants. IIPON A VOICE VOTE, 11LL VOTII�IG 11Y8, C'8l�IRPBRBON BETZOLD DECLARED THE MOTION CARRIED QNANI1rI0�8LY. Mr. Betzold 6tated that on July lOth the City Council �rill set a hearing date to discuss this request. 3. CONSIDERATION OF A VACATIOId SAV �89-03 BY THE CITY OF FRIDLEY: To vacate that part of the north six feet of Outlot 1, Gena-Rae Addition lying �rithin Tracts G and H of Registered Land Survey No. 94 (except the west five feet of saic� Tract H) and that part of the east one foot of the west si��feet of said Outlot 1 lying within Tracts H and I of Regisfi�ered Land Survey No. 94 (except north six feet of said Trao'� H) Ms. McPherson referred to the June 7, 1989, mem from Mr. John Flora and Mr. Clyde Moravetz reqardinq the hist of the parcel. The request is made to assist in clearing the 'tle of the parcel. The easements in question are located in t Gena Rae addition. When the original p2at was recorded, th e were drainage and utility easements established. The C�ty condemned a portion for a park and then decided it was not s table for a park. The Registered Land Survey #94 was r easement for Creek Park Lane to occurred, Creek Ridqe, the Cit existed, and new drainaqe and ut These are no longer required s� vacation of the easements. >rde which allowed the recorded ;c . When the new subdivision id not realize the easements ity easements were established. aff is recommending approval of OT aAi by Ms. Sherek, seco ded by Mr. Rondrick, to recommend the City Council approve Vac ion, SAV #89-03 by the City of Fridley, to vacate that part of e north six feet of Outlot 1, Gena-Rae Addition lying within acts G and H of Reqistered Land Survey No. 94 (except the west ve feet of said Tract Hj and that part of the east one foot of west six feet of said Outlot 1 lying within Tracts H and I of egistered Land Survey No. 94 (except north six feet of said Tr t H). 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N r., .��r �. �ul�l�a•t t�i J•1i1 t�K�[ It�il.� ..i �.y �i . i.r: :�y �.�..��.a�t�t .�:: u•r �lu•u+u•nc rw�l.�n•.l . � . . ��o- � .� ' �uc ��? � �� SITE PLAN 3N ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLBY CITY CODB BY ADDING CHAPTER 513 REGIILATION OF SRATEBOARDS, ROLLERSRIS, ROLLERSRATEB, AND ROLLERBLADES The City Council of the City of Fridley does hereby ordain as follows: 513.01. PIIRP08E 1. The purpose of this Chapter is to protect the public health and safety arising out of the use of skateboards, rollerskis, rollerskates, and rollerblades within the City; to regulate the use thereof upon public streets, sidewalks, and bikeway- walkways; to prohibit the same from Fridley Plaza Center and from public tennis courts; to prohibit the same from public or private parking areas without permission of the owners; and to provide penalties for violations. 2. Nothing in this Chapter shall be construed to prohibit the use of a wheelchair or any other wheeled device designed to assist a disabled person on any of the places mentioned in this Chapter. 513.02. DEFINITIONS The following definitions shall apply in the interpretation and application of this Chapter, and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Skateboard. A non-motorized platform mounted on wheels which are not greater than six (6) inches in diameter. 2. Rollerski. A non-motorized ski-like device mounted on wheels which are not greater than six (6) inches in diameter. 3. Rollerskate/Rollerblade. A non-motorized device with wheels not greater than six (6� inches in diameter which is attached to a shoe or designed to be attached to a shoe. 513.03. PROHIBITED ACTS It shall be unlawful for any person to ride or propel oneself upon a skateboard, rollerskis, rollerskates, or rollerblades in any of the following circumstances: 4 1. In the Fridley Plaza Center bounded by Fourmies Avenue on the south, by N.E. 5th Street on the east, by the Fridley Municipal Center on the north, and by University Avenue Service Drive on the west. 2. On any public tennis court in the City of Fridley. 3. On any public or private parking lot, ramp, area, or facility without the expressed permission of the owner. 4. In any area within the City while being pushed, pulled, or in anyway propelled by any motorized vehicle or by a person on a bicycle. 5. Contrary to the statutory provisions applicable to the operation of bicycles. 513.04. EBCEPTIONS The provisions of this Chapter shall not prohibit the owner of a property from using those premises for skateboards, rollerskis, rollerskates, or rollerblades for the owner's own use or for an organized event conducted with the owner's permission. 513.05. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. 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 First Readinq: July 10, 1989 Second Reading: Publish: 4A 5 ,� - MEMO TO: WILLIAM W. HIIRNB� CITY MANAGSR,.�`�r' �� FROM: WILLIAM C. BIINT, ASSISTANT TO TH8 CITY MANAGER� SIIHJECT: NAME CHANG$ FOR NORTHERN MAYORB ASSOCIATION DATE: JIILY 19, 1989 The Board of Directors of the Northern Mayors Association has voted to change the name of the organization to "North Metro Mayors Association" and to make a number of non-substantive language changes: 1. Clarifying that the agreement is between various political subdivisions executing identical agreements. 2. Establishing that amendments are effective only by action of all of the members. 3. Making the joint powers agreement effective upon receipt of certified resolutions from at least three political subdivisions. This will require amendment of the joint powers agreement. A resolution has been drafted for this purpose. The Board alsa selected a name for the joint powers marketing organization. It will be called "North Metro Development Association (NMDA)." Since the City of Fridley is not participating in the NMDA, no action is required on this matter. I request that you submit the attached resolution to the Fridley City Council for action at its meeting of July 24, 1989. R880LIITION NO. - 1989 A RESOLIITION 1�iIITHORIZING l�tENDMENT OF A JOINT POWERS AGREEMENT TO FORM !� COALIT20N OF KETROPOLITAN CO1�II�IQNITILB TO PROVIDE FOR A CHANGE IN NAM$ WHEREAS, by virtue of a motion at the City Council meeting on January 6, 1986, subsequently amended by a motion at the City Council Meeting on April 7, 1986, the City of Fridley entered into a joint powers agreement with other public entities to form the Northern Mayors Association; and WHEREAS, certain amendments to said joint powers agreement have been proposed which, among other thinqs, change the name of the organization to "The North Metro Mayors Association;" and WHEREAS, this name change will clarify the identity of the organization for the public at large; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Mayor and the City Manager be authorized to execute the amended Joint Powers Agreement to Form a Coalition of Metropolitan Communities attached as hereto as Appendix A. 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 5A Appendix A 5B JOINT POWERS AGREEMENT TO FORM A COALITION OF METROPOLITAN COMMUNITIES THIS AGREEMENT, made and entered into this day of , 1989, by and between the city of and other political subdivisions executing identical agreements, hereinafter referred to as "Agencies." The A3ency hereto agree to establish ar► organizaticn to be known as the North Metra Mayors Association to promote transportation and economic development projects. Any other public entity may become an agency upon approval by a majority of the then Agencies. � Minnesota Statutes Section 471.59 authorizes two or more governmental units to enter into an agreement for the joint and cooperative exercise of any power common to the contracting parties. Whereas, improvements to transportation systems serve the Agencies by promoting the public's health, safety and general welfare and economic development enhances the local tax base thereby enabling the Agencies to provide needed municipal services at acceptable tax rates. NOW THEREFORE, pursuant to the authority granted by Minnesota Statutes Section 471.59, the parties hereto do agree as follows: 1) BOARD OF DIRECTORS. The governing body of the coalition shall be its Board of Directors. Each agency shall be entitled to two (2) directors. Each director shall have one (1) vote. Each agency shall appoint two (2) directors, one (1) of whom shall be the City Manager or Administrator or other designee. 1 5C A majority of the Board of Directors shall constitute a quorum of the Board. 2) MEETINGS. The coalition shall meet on call of the president or by the Operating Committee. 3) OPERATING COMMITTEE. The Board of Directors shall appoint an Operating Committee. The Operating Committee shall have authority to manage the affairs and business of the coalition between coalition meetings, but at all times, shall be subject �co the control and airection of tne Board. r The Operating Committee shall meet as needed at a time and place to be determined by the Operating Committee. 4) FINANCIAL MATTERS. Coalition funds may be expended by the Board. Other legal instruments shall be executed with the Authority of the Board. The Board shall have no authority to expend funds in excess of the coalition funds or incur any debt. The financial contribution of the Agencies in support of the coalition shall be per capita for full members. Each of the Agencies shall, by February 2nd of each year, pay to the coalition an amount as annually determined by the coalition based on the most recent Metropolitan Council population estimates. The Board may authorize changes in the per capita charge for all members upon majority vote. The annual assessment levy shall be determined by October lst of the preceding year. 2 5D The Board may receive financial contributions from private i associations, entities or financial institutions. Such associations, entities or institutions shall then become honorary associate members. Honorary associate members may send representatives to Board meetings, but shall not be � entitled to representation on the Board or have any voting rights. 5) WITHDRAWAL. Any Agency may withdraw from this agreement effective on January 1 of any year by giving notice prior to October 15 of the preceding year 6) TERMINATION. The coalition shall be dissolved if less than three (3) Agencies remain, or by mutual signed agreement of all of the Agencies. Upon termination, remaining assets of the coalition shall be distributed to the full members still remaining at the time of termination, pro rated according to their respective contributions. 7) NOTICES. All notices or other communications required herein shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid, addressed to the following parties: President, Board of Directors, and Chairman, of the Operating Committee. 8) AMENDMENTS. This agreement may be amended and become effective only by written agreement entered into by all members in good standing. 9) MULTIPLE EXECUTION. This Joint Powers Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original and all such counterpart shall constitute but one and the same instrument. An originally executed counterpart shall be filed with Joseph D. Strauss, Executive Director, North Metro Mayors Association, 8525 Edinbrook Crossing, Suite #5, Brooklyn Park, MN 55443. 3 10) BFFECTIVE DATB. This agreement shall be in full force and effect upon receipt by Joseph D. Strauss, Executive Director, North Metro Mayors Association, 8525 Edinbrook Crossing, Suite #5, Brooklyn Park, I�I 55443, of at least three (3) joint agreements, along with a copy of a certified resolution of the governing bodies authorizing the execution and delivery of the contract. CITY OF By: By: 5E NORTHERN MAYORS ASSOCIATION Organized 1985 June 14, 1989 Mr. William Burns City Manager 6431 University Avenue N.E. Fridley, MN 55432 Dear Mr. Burns: At our last Board of Directors meeting two actions where taken which require each participating community to pass new joint powers resolution. The Board elected to change the name of the Northern Mayors Association to: North Metro Mayors Association (NMMA). Enclosed for your processing is a new joint powers agreement reflecting this change. Some minor non-substantative language changes, are also included, that were suggested by counsel from one of our member communities. The Board also selected a name for the new joint powers marketing organization, to wit: North Metro Development Association (NMDA). For those eleven communities that are participating in the North Metro Development Association find enclosed a revised joint powers agreement reflecting this name change, as well as, some minor non-substantative language changes that make the document consistent with the NMMA agreement. Please have your city council pass resolutions adopting these joint powers agreements. Request that you return to my attention both a certified copv of the resolutions adopting these new ioint aowers agreements, as well as a co of the new 'oint owers a reements full executed. Note, only those communities that are members of the North Metro Development Association need to return that agreement. If you have questions please call. Sincerely, J e D. Strauss 8525 Edinbrook Crossing, Suite 5, &ooklyn Park, MN 55443 (612) 493-5115 FAX (612) 424-1174 5F 2000 F�rst Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Te�ecopier (6121 333-0540 J Dennis O'Brien Jnhn E. Drawz D�rvui J Kennedy Joseph E. Hamilton John 8 Dean Glenn E. Purdue Richard J. Sch�effer Charles L. LeFevere James J. Thomson, Jr Tliomas R. Galt Steven B. Schmidt John G. Kressel James M. Strommen Ronald H. Batty William P Jordan VJiiham R Skallerud C�rrine A Heine ^:��'id D BeaudOin :;«�-e„ r�� T�,u��, ".1ary Frances Skala Leshe M. Altman Timo,hy J. Pawlenty R�If A. Sponheim Jul�e A. Bergh Darcy L Hitesman David C Roland Karen A Chamerlik Paul D. Baertschi Arden Fntz ''!e:^or, L LeFe:,ore, Re•i•eq Herbert P. Lefler, Retired t.��r��,��►�� .��n�� itCllllC(��' ��i17('ll c�' 1 � 1'I111'% :� Profcssion:ii .��.uri:uiun March 23, 198G Mr. �oseph n. Strauss Executive Director Northern P1n�-ors' Association 85?_5 Edinbrook Cros�ing SUltP_ Z�Q Rrooklvn Par1:, r�inr.esota 55443 �e: P�orthern P��a��ors' Association .?oint Powers Agreemer.t Dear Mr. Strauss: e:n!�-��-�-- �-------�s irrl �_ ,_". _ ,� /� �� ! : . -i .z--� - .� I am the City Atterney for the City of Crystal. At its regular Council meeting on Tuesday, N!arch 21 the Crystal City Council, b�• resolutior., approved the execution ef a joint powers agreemer:t for membership in the Northern N!ayors' Ecor,omic Development Joint Powers Agency. Ir. reviewinq the contract there are a fec�� points that I would like to comment on and have you consic�er as amendments to the Joint Powers Contract. First, the opening cl.ause has the City entering into the contract but tilere are no other siq_natories to it or any ind.icatior. cf who the other members are. I would think addinG the followi.ng lan ua e to the third �ine of the contract wou e hel ful ". .. is hetereen t e Pgen�_y _and ot.her political. subdivisions T�- ex c�ing identica? agreements:" Second, Section $ of the contract provides for amendment hy a majority of the memhers. I don't think that this technique is pc�ssible since the Joint Po��aers Act contemplates joint. action by all members of the joint agency. I don't think it is I.egally possible `or a majority of the member� to modify tre obligations of other members tanc�er the c�ntract without their consent. I wrn,ld Gugges�chang' thP �anquaqe to indicate that amendments are effectiv v b action of all of the mem ers. 5G . � Mr. .7oseph Strauss M.arch ?.3, 1989 Page Two Third, Section 10 makes the contract effective u on its Filing ��ith you'-but there is no in ication of how may participants are necessary to put the agency into operation. Section 6 provides for termination if less than three mernbers remain, so I would assume that three members are necessary for the organization to get started. I would suqgest that ara r e changed to rovide that it is in e fect u on recei t of 'oint agreements y three agencies._ I think the aqreements shou a so e accom anied bvi certified resolutions of the governing odies authorizina the execu �.on an deliverv of the contrUct. I think it wouJ.d be desirable to make theGe changes and recirculate the contract for a seconc� execution. You ry ruly, Davic? J. enned� D..TK : caw cc: Jerry Dulgar 5H �/" •� � t' C� CZTY OF FRIDLSY pLANNING CO1�iI88ION KEETING, JIILY 12, 1989 ----------------------------------------------------------------- CALL TO ORDER- Chairperson Betzold called the July 12, 1989, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: None Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Jock Robertson, Community Development Director Steve Billings, Council Member Jerome Farrell, 5871 Cedar Lake Road, Mpls. Connie Lutten, Conoco - Jet Station Debbie Hammock, Conoco - Jet Station APPROVAL OF JUNE 21 1989 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the June 21, 1989, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANII�SOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT. P.S. �89-02 SBF ADDITION BY JEROME FARREL: To replat Lots 1, 2, 28, and 29, Block 2, Commerce Park, into two lots, the same being 250 Osborne Road N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOZCE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE l�[OTION CARRIED QNANII+IOOSLY AND THE PIIBLIC HEARING OPEN AT 7:36 P.M. Ms. McPherson stated the site was recently rezoned to C-2, General Business. One of the stipulations of the rezoning was that the parcel be platted into two lots so the proposed movie theater strip . � PLANNING COl�II�IIBSION ME$TING. JULY 12. 1989 _ - PAGE 2 mall complex will be on one lot, and the free-standing restaurant building will be on the other lot. Ms. McPherson stated both proposed lots meet the minimum lot size requirement of 20,000 sq. ft. However, Lot 2, Block 1, does not provide the parking spaces required by code for the free-standing restaurant building. That is the reason for stipulation #1 which states that cross parking easements shall be recorded between Lots 1 and 2, Block 1, of SBF Addition. Ms. McPherson stated staff is recommending approval of the request, P.S. #89-02, by Jerome Farrell, with the following two stipulations: 1. 2. Cross parking easements shall be recorded between Lots 1 and 2, Block 1, SBF Addition. A park fee of $.023 per square foot shall be paid prior to issuance of a building permit. Mr. Barna stated that according to code, if parking is up against a lot line, a curb is required. Ms. Dacy stated that with the cross parking easement, that really negates that requirement, because the previous approval was for an overall variance for the entire number of parking spaces on site. It is a mixed use situation, but they are creating a separate lot for the free-standing building. Mr. Dahlberg asked if parking easements are dependent upon meeting other code requirements such as setbacks. If this plat is approved, then they would also need additional variances for setbacks for parking as well as the cross parking easements. The variances have been granted for the number of parking stalls for the entire development as well as the setback along Osborne Road. Now, with two lots, don't they need additional variances for setback of parking along the common property line? Mr. Dahlberg stated if the site was two lots and a combination was done under the same owner, then there was no issue. However, if there are two separate owners, then aren't the additional variances necessary as well as the cross easement? Ms. Dacy stated Section 205.14.05 in the C-2 District, stated that parking shall be no closer than 5 feet from any side lot line, except for a common drive approved by the adjoining property owners and the City. She stated this has been done in some industrial districts as well because there is the same language in the M-1 and M-2 Districts. Staff took the interpretation that if there is a common drive or parking aisle, if the lot line falls across the stall, they are still sharing the internal circulation of the PLANNING COKMZ88ION MSETING. JIILY 12. 1989 - PAGE 3 traffic. So, according to staff's interpretation of this section of the code, variances would not be necessary. Mr. Dahlberg stated his interpretation would be more strict from the standpoint of a coauQOn drive. It is not common parking; it is common drive. Ms. Dacy stated they can easily shift the lot line 10 feet to the west to accommodate the plat. Mr. Dahlberg stated maybe an interpretation has to be made and formally attached to this proposal, because he has always been under the impression that each parcel or each development has to stand on its own within its own property line. Ms. Dacy stated that is not true in this case, because a variance has already been granted for the total parking spaces. Mr. Dahlberg stated that is correct, but at that time, it was one project under one ownership with combined parcels. In this case, they are taking a chunk out of the total development. Ms. Dacy stated she understood what Mr. Dahlberg was saying, but staff knew all along that the free-standing building was going to be under separate ownership, and that was the reason for the stipulation for the plat. Mr. Saba stated wouldn't this be a permanent covenant between the two properties, so the properties can basically be treated as one property? Mr. Barna stated the problem is that this is setting a precedent for any future development of this type. He stated that when this goes to Council, the Council should grant a variance for parking at zero lot line or over the lot line, as well as the cross parking easement. They don't want to allow something here that they would not allow somewhere else in the same zoning. Ms. Connie Lutton stated she is the District Manager for Conoco, which owns the Jet Station on the corner of University and Osborne. She stated Conoco's concern all along has been that the inqress/egress from this proposed development will still coincide with the ingress/egress to their property. The concern is that the new driveway not block traffic going in and out of the Jet Station. Mr. Jerome have moved order not Station. Farrell stated that because of Conoco's concern, they the new driveway 150 north of its present location in to affect the ingress/egress of traffic into the Jet . � �T �wTU� MWTQCTAV .r��TTU� _ TIILY 12. 1989 - PAGE 4 j�L��i�V VV�'�i��VViV� iiYY MOTION by Mr. Saba, seconded by Mr. Barna, to close the public hearing. IIPO�1 !1 VOICE VOTE, l�LL VOTING AYE, CHAIRPERBON BETZOLD DECLARED T8E PIIBLIC HEARING CLOSED AT 7:50 P.M. Mr. Barna stated the Council should be encouraged to grant a variance on the parking stalls. Other than that, he had no concerns regarding this plat request. Mr. Betzold stated this might be something that the City Attorney should look at it before this goes to Council. Ms. Sherek stated that in the absence of a variance, maybe the lot line could be moved over 5 feet. MOTION by Mr. Saba, seconded by Mr. Barna, to recommend to City Council approval of preliminary plat, P.S. #89-02, SBF Addition, by Jerome Farrell, to replat Lots 1, 2, 28, and 29, Block 2, Commerce Park, into two lots, the same being 250 Osborne Road N.E., with the following stipulations: 1. Cross parking easements shall be recorded between Lots 1 and 2, Block 1, of SBF Addition. 2. A park fee of $.023 per square foot shall be paid prior to issuance of a building permit. 3. The need for a variance be studied by staff prior to the City Council meeting. IIPON A VOICE VOTE, BETZOLD, 1CONDRICR, SABA� SHEREK, BARNA, VOTING AYE, DAHLBERG VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY A VOTE OF 5-1. Mr. Dahlberg stated he apologized for any comments he made to Mr. Farrell at the last meeting that might have offended him. However, he still thinks this is questionable planning because of the traffic situation, and he just did not agree with this proposal. He felt the property should not be developed this way. 2. LIGHT RAIL TRANSIT: Mr. Robertson stated that on May 2-5, 1989, he along with Mr. Betzold, Councilmember Billings, and representatives from Anoka County, Blaine, Spring Lake Park, and Coon Rapids traveled to Calgary, Portland, and San Diego to look at three LRT systems which have characteristics similar to what is being proposed for the Twin Cities. Mr. Robertson presented a slide presentation of the three systems. 6C . � pL1�iIdNING C01�4IISSION KEETZNG. JIILY 12. 1989 - PAGE 5 Mr. Barna asked if any engineering studies have been done of the soil types in these three systems. Are any of them sand like Fridley and Southern Anoka County? Mr. Robertson stated that the Pacific Northwest (Portland) is characterized by sandy gravely soils and hilly terrain. Mr. Billings stated this is a good question to ask when public hearings are scheduled. Mr. Kondrick stated that regarding the Twin Cities' LRT system, has a final decision been made as to the LRT route south of I-694? Mr. Robertson stated no. They are now in the advanced engineering design stage which will take about nine months. The first stage was the preliminary stage for the corridor. The corridor runs from Northtown down the east side of University to I-694; then two alternates are: 1) either switching over and going down Central Avenue, or 2) continuing on University Avenue. There are also alternates when the University route gets down to the Shoreham yards, whether it would go on the Soo Line or Great Northern to get to the final link before crossing the Mississippi River into downtown Minneapolis. At the moment, those two alternatives are being evaluated, because there are some obvious pluses and minuses. The narrower Central Avenue has high�r potential ridership, and there are some trade-offs in parking and turning lanes at cross streets. Mr. Robertson stated that within a couple of months, a draft Environmental Impact Assessment will be done. Hearings will have to be held on that. At this stage, each city is being asked how it wants to handle the public input and the public hearings that are required for the assessment in each local government. The options were brought to the City Council on Monday, July 10, 1989, and the option picked by the City Council is for the Planning Commission to hold a public hearing on the proposed advanced design at a regularly scheduled meeting. It will probably be late summer/early fall. The City Council is also required to hold a public hearing. Mr. Robertson stated it is important to remember that the final authority is not the City, but the Anoka/Hennepin Regional Rail Authority. 1Kr. Saba stated he sees the biggest benefit of the LRT system as downtown Minneapolis. Yet the people who are paying for the system are not the downtown Minneapolis merchants, hotel/motels, or convention center people. It is the local property tax, motor vehicle registration tax, motor vehicle excise tax, gasoline tax, 6E PLANNING CO1rIIdI88ION KEETING. JOLY 12. 1989 — PAGE 6 local sales tax, etc. The people who are getting the biggest benefit are not the ones payinq for it. Mr. Billings stated these are proposed revenue sources. Right now, 70� of the MTC funding comes from property taxes and only 30� comes out of the fare box. The Legislature said that only 40� of the rapid transit can be funded through property taxes. The rest has to be funded other ways. Mr. Saba stated he thinks a real emphasis should be placed on getting a greater amount of financing from downtown Minneapolis to pay for the major portion of this system, not Fridley, Columbia Heights, and Northeast Minneapolis. Ms. Sherek stated that raises another issue that has bothered her during these discussions. Mr. Billings brought up the MTC issue and that citizens are paying for roughly 70� of those costs. That has fallen over the years, but not as fast as it was anticipated originally. The other issue is, she sees all the capital costs outlined, but where are the operational costs? What is it going to cost on a day-to-day basis to run this system, and how much of that cost are the people going to pick up in addition to the capital costs? She did not see the MTC being abandoned. Possibly some of the express routes might be abandoned along the corridors, but cross routes will be added. They are not going to be reducing the other public transit costs. Yet, they are not going to get ridership (the MTC proved it to themselves with all the fare manipulations) if the fares are set at a level that is going to cover costs. Mr. Saba stated a big problem is that the LRT system studies are based on old data. Why aren't they looking at future statistics? He hated to see an LRT system built, having to pay for it, and then seeing the subsidy get greater and greater because no one is riding it. Ms. Sherek stated the last survey made by the Metropolitan Council said only 20$ of the total commuting trips are from suburb to downtown. The rest of the trips are suburb to suburb or city and out. She did not feel the suburb-to-suburb trips are going to be served by light rail transit. Mr. Robertson stated he will get a summary table of how the three systems, Portland, Toronto, and San Diego, were financed. Ms. Sherek stated that whenever the City wants anything done along University Avenue or Highway 65, it is a perpetual fight with the Department of Transportation. They will get yet another state qoverning body in the LRT to deal with when it comes to maintenance issues and upgrading issues. Is the LRT going to be built to the standards Fridley is trying to establish for the University Avenue 6F �T �.�.�.*,. M1fVTQQTA1t ..��T.t� TiTT.V 1 7_ 7 OA9 - PAGE 7 �1�11�V �..ViYi7ivo+va� ra�a+iaaa�vi Corridor, or is this governing body goinq to build it to its own specifications? Mr. Robertson stated the one hopeful note here is that the proposed landscaping improvements along the Corridor are very pedestrian- oriented, pedestrian-friendly. By its nature, the LRT has the same objective. In all three of the systems visited, there are elaborate crosswalks and landscaping to make a pedestrian-friendly and pedestrian-receptive environment. Mr. Barna stated he questioned the ridership projections at 20,000. Ms. Sherek stated that ridership will happen, but it is a long way in the future. Mr. Kondrick asked t�ow the Commission members can get these concerns to those people will make the decisions. Mr. Billings stated he assumed that will happen in the public hearings that will be held before the Planning Commission. Mr. Dahlberg stated their concerns will have to be put in writing and then distributed to the committees, so the Planning Commission goes on record as establishing a position. Mr. Betzold stated the county commissioners and state representatives are ultimately the ones who will be making the decisions. Ms. Dacy stated that regarding the ridership projections, it is her understanding that BRW got that information from a Metropolitan Council study that was done in 1986. Information like that is easily obtained, and representatives from Metropolitan Council can easily come to a meeting. The Planning Commission's questions and Metropolitan Council's responses can be discussed prior to any public hearings. Mr. Saba stated that regarding the data, it is extremely valuable to know where and when the data was taken, what type of sampling procedure was used, and what kind of projections were made from the data. 3. DISCUSS COMPREHENSIVE PLAN UPDATE: Ms. Dacy stated she would like any comments and/or direction from the Planning Commission on the following issues regarding the Comprehensive Plan: 1. Review process 2. Lenqth of planning horizon 3. The Plan approach �T��w�TU� MWTQQTA1f YppTT1Jr _ TiiT.V ��_ lggg - PAGE 8 �il�i�l�ai�v vvaaraavaaava� sa++r•� 4. Land Use Map versus Zoning Map 5. Metropolitan Land Planning Act 6. What are the issues for the 1990's? Mr. Dahlberg stated he thought one of the hardest things will be convincing the general public that their input is valuable and that the Comprehensive Plan potentially affects them. Mr. Kondrick stated the City should make every reasonable effort to get citizen participation. Mr. Barna stated the best idea is to come up with some options and then hold public hearings for citizen input on those options. Mr. Betzold stated some thouqht has to go into how they want to present this information to the public. Ms. Dacy stated that as far as the "Review Process", she would like some concurrence from the Planning Commission on items A- I. When they get through the draft chapters and see how much information they have to present, then they can reassess the public hearing process. MO ION by Mr. Kondrick, seconded by Mr. Saba, to accept the Comprehensive Plan Update as presented by staff. Mr. Saba stated he liked what staff has done. The Comprehensive Plan definitely needs updating. He liked staff's idea of evaluating the Comprehensive Plan every five years. Ms. Sherek stated she thought the Plan needs to be more focused to look at some af the issues the Planning Commission identified a couple of years ago. Examples are: tightening up the idea of land use and projected uses of vacant land. Ms. Sherek stated another thing that needs to be addressed is some planninq, not so much for urban renewal, but looking at some of the city codes and seeing if the codes need to be updated. They need to look at the whole picture as part of the comprehensive planning for the City. Should they be reviewing all the building code ordinances and things like that with an eye towards some of the thinqs that were done in the 1950's and 1960's that are really not acceptable anymore? Maybe they should be involving even more City staff, such as Public Works, Inspection, etc. Ms. Dacy stated staff will re-present #6 and the Overview chapter for Commission review at the next meeting. Mr. Saba stated he thought Plan can be used by all the agendas and goals. Then, different sections of the Comprehensive commissions to help them develop their when it comes time to re-review the 6G 6H pLANNING COI+II�ISSION M$ETING, JIILY 12. 1989 - PAGE 9 Comprehensive Plan in another five years, the commissions can give valuable input. 4. DISCUSS DUMPSTER ORDINANCE: Ms. Dacy stated that staff found two versions of the dumpster ordinance (Version A, agenda page 4-B and Version B, agenda page 4-G). Staff also discovered some other issues that need to be addressed in the dumpster ordinance. Mr. Barna stated there needs to be definite definitions between a dumpster, a temporary trash receptacle, and whether a recycling container is considered a dumpster. Mr. Betzold stated that as stated in the memo dated July 7, 1989, staff is currently generating a list of establishments that would not comply with the new ordinance by doing site inspections. Ms. McPherson stated that Version A, under "Performance Standards" states: "...Within 180 days of the adoption of this chapter, all owners of such establishments must comply to this chapter." Staff has to start somewhere by knowing what establishments would not comply, so they are compiling a list of existing dumpsters and what the enclosures are right now and the need for upgrading, if any. Mr. Betzo�d asked if Version A and Version B could be distributed to the Fridley Chamber of Commerce and some Fridley businesses to get their input. Ms. Sherek stated Version A came out of previous discussions on the dumpster ordinance and is the most recent version. Mr. Billings stated if there are codes and ordinances relative to trash containers, signs, or anything else, if the property owners of Fridley have to comply, then the City of Fridley should also comply. He would like to see the Planning Commission make a recommendation to the Council that Fridley city properties also be brought up to code. Ms . Dacy stated it was her intent to f ind out how many property owners in Fridley would not comply if Version A is adopted, and then notify those property owners who are directly affected. They can also contact the Chamber of Commerce, hold another public hearinq before the Planning Commission, and then pass any recommendations on to the City Council. Mr. Billings stated that after the list is compiled, but before letters are sent out to property owners telling them they are affected, he would like to see it brought before the Council to get their reaction. pLANNING COl�IIBSIOld KBBTING. JIILY 12. 1989 - PAGE 10 Mr. Betzold stated Mr. Billinqs is riqht. He would like this passed to the City Council and then let the Council direct the Planning Commission to reconsider the dumpster ordinance and hold public hearings. 5. UPDATE ON KEITH'S AUTO BODY SPECIAL USE PERMIT SP #89-08. TO �� A �LD�iD r_nvnr_F nm �S7n HTGHWAY 65 N.E. Ms. Dacy stated that staff followed up on the Planning Commission's direction and found out that the building structurally is in good condition. Mr. Mike Thompson is currently preparing some cost estimates, but because one of the partners is in the hospital, he cannot get a clear concurrence of what the partnership wants to do. She stated Mr. Thompson does understand the need to connect to the sanitary sewer as soon as possible and is looking at those costs first. She has told h,im staff needs those estimates no later than the first meeting in August, and the City will then have to take some action. 6. RECEIVE JUNE 8 1989 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the June 8, 1989, Housing & Redevelopment Authority minutes. IIPON A VOZCE VOTE, ALL VOTZNG l�YE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANII+IOUSLY. 7. RECEIVE JUNE 27 1989 JOINT ENVIRONMENTAL OUALITY COMMISSION/ENERGY COMMISSION MEETING: MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to receive the June 27, 1989, Joint Environmental Quality Commission/Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CSAZRPERSON BETZOLD DECLARED THE MOTION Cl�RRIED IINANIMODSLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. Opon a voice vote, all votinq aye, Chairperson Betzold dsclared the July 12, 1989, Planninq Commission meetinq adjouraed at 9:50 p.m. Res ectfully s itted, Ly Saba Recording Secretary si � � c�nr oF F� �� C011/iMLiNITY DEVELOPMENT DEPARTMENT M EMO RAN D UM DATE: July 19, 1989 �'r� TO: William Burns, City Manager;l� ' FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Preliminary Plat, P.S. #89-02, SBF Addition, by Jerome Farrell Attached please find the staff report for the preliminary plat, P.S. #89-02. The Planning Commission recommended approval of the preliminary plat by a 5-1 vote. By ordinance, the City Council is required to hold a public hearing on the final plat; therefore, staff recommends that the City Council set the public hearing fcr August 14, 1989. MM/ dn M-89-418 6J! 6K ' � �► STAFF REPORT APPEALS DATE C�N QF PLAPNdf' COM��ISSION DATE : Juiy � 2, 1989 F(ZIDLEY CITY COl�1CIL DATE: July 24 ,] 989 AuTHOR �/dn.__. REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENStTY PRESENT ZONING ADJACENT LAND USES 8� ZONNG �E$ PARK DEDICATION ANALYSIS FN�ANCIAL NVIPLICATIONS CONFORMANCE TO con��E �n%i COMPATBiLtTY WtTH ADJACENT USES 8 ZONNG ENVIRONMENTAL CONSDERATIONS STAFF RECOMMFJ�DATION APPEALS RECOMMENOATION PLAf�ING COMMISSION REC�AENDATiON P . S . �� 89-02 Jerome Farrell To replat Lots 1, 2, 28 and 29, Block 2, Commarce Park 250 Osborne Road N.E. c-2 C-3, C-2 to the north, M-1, C-1 to the south On site $.023 per square foot N/A Yes Yes N/A Approval with stipulations N/A Approval with stipulations Staff Report P.S. #89-02 Jerome Farrell Page 2 REQUEST The petitioner, Jerome Farrell, is proposing to replat Lots 1, 2, 28 and 29, Block 2 of the existing Commerce Park to create two new lots. SITE The site has been rezoned to C-2, General Business, and is surrounded by C-1, C-3, M-1 and additional C-2 zoning. The site is the former CUB Foods site and th,� petitioner is proposing to construct a movie theater, strir mall and a free-standing restaurant on the site. r ANALYSIS I The proposed plat creates a lot for the movie theater strip mall ' building and the free-standing restaurant building (stipulated as part of the variance and rezoning processes). � i' The proposed lots meet the minimum lot size requirement of 20,000 square feet. However, Lot 2, Block 1 does not have sufficient area ', to accommodate the 30 parking spaces required for the proposed use I (a variance was granted to reduce the number of on site parking ispaces for the entire development). Staff recommends that the petitioner file cross easements for parking to ensure that parking needs are met. RECOMMENDATION Staff recommends that the Planning Commission approve the request, P.S. #89-02, by Jerome Farrell, to replat Lots 1, 2, 28 and 29, Block 2, Commerce Park with the following stipulations: 1. Cross parking easements shall be recorded between Lots 1 and 2, Block 1, of SBF Addition. , 2. A park fee of $.023 per square foot shall be paid prior to issuance of a building permit. PLANNING COMMISSION ACTION The Planning Commission recommended approval of the preliminary plat, P.S. #89-02, in a 5-1 vote with the following stipulations: 1. Cross parking easements shall be recorded between Lots 1 and 2, Block 1, of SBF Addition. 6L Staff Report P.S. #89-02 Jerome Farrell Page 3 6M 2. A park fee of $.023 per square foot shall be paid prior to issuance of a building permit. 3. The need for a variance be studied by staff prior to the City Council meeting. Staff consulted with Virgil Herrick, City Attorney, as to whether a variance would be required to waive the five foot required side s yard setback, as the proposed property line falls within the parking stall. Mr. Herrick recommended that the petitioner move the west property line to the west so that it would fall on the common drive as is allowed by code (205.14.05.D.5.b). The petitioner will make the correction on the final plat. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council set a public hearing date of August 14, 1989 for the preliminary plat, P.S. #89-02, by Jerome Farrell. � � �1 0 K r Co�+�vew �[c a__ •�_ '_eL/fr P . S . 4189-02 Jerome Farrell 6N ,E N !/2 SEC. Cl T Y Of 21 „ T- T r" � i,,,. f,- . .� . I B� E ra.�r �-- � - - � EAST R,4NCH �£STATES� ''. ` s � N, f� �' -%'-'"''' .:.; � �" � ': '� ES�p TES �"' f/RSfi•� : �� , ; �, 'T _ ,.�' .' , ..�., ; "' � ',l ; ,, -" �. � o NE iM NO rHiRb aoa � ao�i' ,�- �� _, � � �.� � r.. � o B ' ' ' i � •' (,, `�. 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S . �689-02 Jerome Farrell �"--__ . � // . � � • or se��re— i � / i , �d/ � / / �;/ ' � /, ' / � '3� .• .: . � ,.• E �, � .• .• � �a �� a�t � � w - 9 �`� a ' �' ��=Y • � ��::� 6O,G S ITE PLA N i E � - ii - � i F `- , � W � � 4 � i . � .i :tl ,�n 4 i + � e ---� .( � ��1 �� i � � ' f , i • .i �i. 1 Z . i , � � i .. . � . �� i E I W i ' 3 � � i� � J ....!3.._.. .l..-' - i l � 1/1 � .i - : � 4 . I � � I .. o i . , i � � a J�G� � �� • 7'�i' Q � _��• .y_.�� 'i y,''' .� � J `f : o ��' `, � : �. � :.�/ _ d �Z ° . } H � '.� }� ' : f � ` i �' Q �} �� z � � � ,1. ✓. : „ � ':+. �i � t � � � � ��x; , � ; ; � •. i � � m °� o� �' � ;- ; �: , a N p\ 4•��, ' •i � � 4.1T� ��, �' � 1 � N '��S! I � � . , `\ _ ' ' •. " • P.S. �t89-02 Jerome Farrell z s B „ g � a Q N N � � � � O S > � � t � -- ► � � a `•� a �` E �� — s < s � � w� 4 Q �� '. t7 � � N � $ ; • ; M 3 � � M < M' � � oa �� 1 W �� i M1 �,. Y �Z . r 't m A ^� � J I � i l ' iT-j, . � j 3+ . = s ,�\.� ... ;_, � ', +, - , , � ; 1 ��)� V' 1 H .I • � sp 1H �� S �:� ��L � I 1� . ,. ... .i � •'�_.,._ . . ._.. „ .. � SITE PLAN � � cinroF fRlDLEY � il COMMUNI"['Y DEVELOPMENT DEPARTMENT MEMORANDUM DATE: July 19, 1989 ��' � TO: William Burns, City Manager�l�� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: First Reading of an Ordinance Approving a Rezoning Request, ZOA #89-03, 7191 Highway 65 N.E., by Ted Haines Attached is the ordinance approving rezoning of the former Kurt Manufacturing site from M-1, Light Industrial, and R-3, General Multiple Dwelling, to C-2, General Business. Staff recommends the City Council approve the ordinance for first reading noting the City Attorney's recommendation to delete stipulation No. 2 from the Planning Commission's recommendation. BD/dn M-89-416 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to stipulations adopted at the City Council meeting of , 1989. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 2, Auditor's Subdivision No. 89 from M-1 (Light Industrial) and R-3 (General Multiple Dwelling) to C-2 (General Business), generally located at 7191 Highway 65 N.E. Is hereby designated to be in the Zoned District C- 2 (General Business). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1 (Light Industrial) and R-3 (General Multiple Dwelling) to C-2 (General Business). 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: July 24, 1989 First Reading: Second Reading: Publication: 7A s � ci�roF F�� DATE: TO: FROM: SUBJECT: C�1VIMUNITY DEVELOPMENT' DEPARTMENT MEMORANDUM July 20, 1989 � William Burns, City Manager,�`� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Consideration of Approval of Recycling Services Contract At the June 26, 1989 City Council meeting, the City Council directed staff to pursue negotiation of a six month contract with SuperCycle for continued service. The attached contract is recommended for City Council approval. SuperCycle submitted a proposed draft to our � 1989. The City Attorney's office reviewed the and we made changes to the contract language to City Council direction. A revised draft SuperCycle on July 7, 1989. Tom Glander, the SuperCycle, contacted us on July 18, 1989 SuperCycle has no concerns with the revisions execute the agreement. �f f ices on July 5, proposed contract be consistent with was forwarded to Vice President of and stated that �nd is prepared to Features of the contract that were not discussed with the City Council at the June 26, 1989 meeting are paragraphs 2, 7 and Exhibit B. Paragraph 2 and Exhibit B identify the costs which the City is responsible to pay to SuperCycle. In addition to the $l00 per ton basic fee, the City is responsible for monthly "out-of- pocket expenses" wi�ich equal $44 per month or $264 for the contract period. This is equal to two percent of the face amount of the performance bond. SuperCycle will use the $264 to defray the costs to maintain the bond. Exhibit B also requires a minimum monthly payment of $3,144 should the City's tonnage for a month drop below 31 tons. In this manner, SuperCycle's costs are covered should we experience a severe drop in tonnage. We do not anticipate the tonnage to decline to this level or below since tonnage rates have been averaging between 36 and 44 tons since January 1, 1989. Paragraph 7 of the agreement states that SuperCycle will notify the City by August 1, 1989 if its lease agreement with Ramsey County for its recycling center located at 775 Rice Street has been cancelled. Tom Glander advised us in a letter dated July 10, 1989 : � Recycling Contract July 20, 1989 Page 2 (attached) that he anticipates the Ramsey County Board to approve the lease agreement at their meeting on July 25, 1989. Should the Ramsey County Board not approve the contract, SuperCycle will continue to serve the City through July 28, 1989. RECOMMENDATION Tom Glander will be at the meeting to answer questions. The , proposed contract achieves the City's short term goals to guarantee continuation of the recycling service at a reasonable cost. Staff recommends the City Council approve the contract as presented and authorize the Mayor and City Manager to sign the contract. BD/dn M-89-419 : = Supe�r = ycle Complete Recycling Services � - 775 Rice Street St. Paul, Minnesota 55117 (612) 224-5081 FAX (612) 224-0315 ; _. - -- ---- -- -----•- -- -- -. -�- -- . -- --- --•- --- --= -- 'i ., - - - _ - . - , _ _ . _ _ , - -- I, � � _ -- -. __.: ;_�.- ----- -- -:�--=`-- -•._ _._._.._c, �__..._ I- - � - - � ,. � . _ . , . - ` � _ .. -. _ _ . - -' . I_...__� �� . __�....��.��.� _� �� .��.._ �__1��J _��.___.__ I'� _ . _ _ _". _ _ L � _ - ,. .. � f .. . ... . . � _ _ � _ ... _ • . � . � . _ . . _ � _ _. _ . _. _ l. .. _ _. _. _ � _'L � _ _ l. ` _. ". _ _ � _ _. _ _ _ _ _ _ :l: � . . _ . . _. _ . _ _ _ _ _ ' . . . , ! � — ' � ': .. _ � '� � _ _ . . .. ., _ , �. � . �.i ... � . ._ .� _ � _ � . � _ ' _ i_ , .� ... .. ' ' _ ' _ .i " / 1 " _ ' ' .�. ' ' " _ '.' _ � " " " � ' _ "" � _ " � ..... ,. " " "' � "" _ " ' .. �. . ' ." 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'. � ' _ _ . _ n_ i . �. �J _ _ �J � _ .!i :. .. a � '-� � L �' _ _ i •� ' � 1 c _ _� i � ' _ ' . _ ^. 1' L' _ ' . _ . , � _lt _ �. _1;:...__ _�:1:_l ti . tiC ...��_ - ' - _" - - '.. _�...- _ _- _-'-- ^-". il! ''. ' �_1 _ . _ _ . �� _ ! 1 C _ _ _ _ '. _ 1- �_ _ �.. . _ L : +1 : i — � " " .a ._ J. i � ' _ � _ __ _ � i � : _ . -. _' '. ..___ t;r j%----i��c-. !_Y 111c _+_�I!1:??1��i��.•--.- _.- '---ii. _ �.�.J� l�H._•C_ �_�!11� !IIr .�l 1 �Gi.i! 1J'_ _1 •�L��._.�_..._f_ _. 1 _ � �:! ��:,' . _.y. .� _11 .�__ y_U r`�11!iti�1t� --._ ...---�•'� -1 -•-- -�--- -- .t � � 1�� L I_ �� t_ j u`i 1 C3 l. � � J l+ L' ! 1 �. . i C .. .. Cl .. .� 7 _• 1 l, �_� i 11 C �• '. . 1. �7 �� 1 v. 1 J W t L 11 l d. !.. ". r�� __ 1 ii „ j' . r 1 • _ _ ' ' � � vr' � " j . ._ . : d .'= �. . �. _ ;.t' c "' _ _ • - - ' �� -��._.,_ - � - � � �{ �1 W tr��'Id Paprr • .. , i � � _. _ =.:lliJ:..' C 1 1 / � 1 �.� �' _ � L �_ l�.l — 1 AGREEMENT FOR RECYCLING COLLECTION This Agreement is made on day of , 1989, between , � ("City") and Super Cycle, Inc., a Minnesota corporation, with its principal place of business at 775 Rice Street, St. Paul, Minnesota, 55117 ("Contractor"). WHEREAS, Contractor is in the business of collecting recyclables and is in the process of negotiating a long term lease with the County of Ramsey for a recycling facility at 775 Rice Street, St. Paul, Minnesota; and WHEREAS, City desires Contractor to pick up recyclables throughout City's municipal limits in accordance with the terms of this Agreement. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Contractor's Services. The Contractor agrees to provide services in accordance with specifications as contained in Exhibit A attached hereto and made a part hereof by reference. 2. Compensation to Contractor. City agrees to pay Contractor for services as described in Exhibit B attached hereto and made a part hereof by reference. 3. Method of Payment. Contractor shall submit itemized bills in accordance with Exhibit B to City on a monthly basis. Bills so submitted shall be paid within thirty (30) days of 8C AGREEMENT FOR RECYCLING COLLECTION PAGE 2 receipt by City of a bill. 4. Disposal of Recyclables. Contractor shall use its best efforts to assure that all recyclables collected in the City are not placed in landfills or incinerated and are distributed to the appropriate markets for reuse. If any recyclables are landfilled or incinerated, Contractor shall report that fact to City with its next monthly billing statement. The report shall include the types and amounts of materials landfilled or incinerated, the reason for the landfilling or incineration and the steps being taken by Contractor to avoid future landfill or incineration. In the event that the market for a particular recyclable ceases to exist or becomes economically depressed that it becomes economically unfeasible to continue collection of that particular recyclable, either party shall have the right to cause Contractor to cease the pick-up of that particular recyclable. 5. Audit Disclosure. Contractor shall allow City and its duly authorized agents reasonable access to Contractor's books and records applicable to all services provided under this Agreement. Any reports, information, financial material, or data which City at any time requests be kept confidential shall not be made available to any person or party without City's prior written approval. Any reports, information, financial material, or data which Contractor at any time : � m AGREEMENT FOR RLCYCLING COLLECTION PAGE 3 requests be kept confidential shall not be made available to any person or party without Contractor's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, or reports prepared by Contractor shall become the property of City upon termination of this Agreement. To the extent that any of the foregoing involves the business of Contractor outside the City, Contractor shall have the right to use such property in its business outside of the City. 6. Term. The term of this Agreement shall be July 1, 1989, to December 31, 1989, the date of signature by the parties notwithstanding. The parties may, by mutual agreement, cause this Agreement to be extended after the foregoing expiration date, subject to the right of either party to terminate for cause by ninety (90) days written notice as provided in the following paragraph. 7. Termination. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party for cause upon the other party's breach of its duties under this Agreement. In the event termination is by City pursuant to this ninety (90) day provision, Contractor shall be paid until the effective date of termination. Contractor represents the City that is in possession and is utilizing the facilities located at 775 Rice Street, St. Paul, Minnesota. This facility contains all recycling AGREEMENT FOR RECYCLING COLLECTION PAGE 4 � equipment and is the site needed by Contractor to perform the terms of this Agreement on a long-term basis. City and Contractor agree that Contractor shall have the right to terminate this Agreement in the event that a long-term lease agreement on terms acceptable to Contractor have not been entered into by the County of Ramsey for 775 Rice Street, St. Paul, Minnesota, before August 1, 1989. Contractor shall give notice to City before August 1, 1989, in the event such long- r term lease agreement has not been finalized, and, notwithstanding the ninety (90) day notice clause in the first paragraph of this paragraph 8, such notice shall operate after thirty (30) days to terminate this Agreement. 8. Subcontractor. Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of City. 9. Independent Contractor. At all times and for all purposes hereunder, Contractor is an independent contractor and not an employee of City. No statement herein shall be construed so as to find Contractor an employee of City. 10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Excluded Services. City shall have no obligation to pay for any services furnished or performed by Contractor not specifically provided for or contemplated herein. AGREEMENT FOR RECYCLING COLLECTION PAGE 5 � 12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. � 13. Compliance with Laws and Requlations. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 14. Equal Opportunitv. During the performance of this Agreement, Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in places available to AGREEMENT FOR RECYCLING COLLECTION 8H PAGE 6 employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 15. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 16. Indemnification. Contractor shall indemnify and hold harmless City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may be held liable, as a result of negligence or fraud of Contractor, his employees, or subcontractors in the performance of this Agreement. 17. Insurance. Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of $600,000 for any one person and in the sum of $1,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $100,000. � AGREEMENT FOR RECYCLIN(� COLLECTION PAGE 7 The certificate of insurance shall name City as an additional insured and state that Contractor's coverage shall be the primary coverage in the event of a loss. Further, the certificate shall provide for thirty (30) days written notice to City before cancellation, expiration, or change of coverage. 18. Workers Compensation Insurance. Contractor shall provide workers compensation insurance covering all employees of Contractor engaged in the performance of this Agreement, in accordance with the Minnesota Workers Compensation Law. 19. Performance and Payment Bond. Contractor shall execute and deliver to City a performance and payment bond with a corporate surety in the sum of $ 13,200, or equal ("equal" may include a letter of credit from a banking institution approved by City). This Agreement shall not become effective until such a bond, in a form acceptable to City, has been delivered to City and approved by the City Attorney. This Agreement shall be subject to termination by City at any time if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The term of such performance bond shall be for the life of this Agreement. Extensions or renewals shall require the execution and delivery of a perfornaance bond in the above amount to cover the period of extension or renewal. � AGREEMENT FOR RECYCLING COLLECTION PAGE 8 20. Conflict of Interest. Contractor agrees that no member, officer, or employee of City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof . Violation of this provision shall cause this Agreement to be null and void and Contractor will forfeit any payments to be made under this Agreement. 21. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 22. Addition to Recvclables. City agrees that it will consider, from time to time, proposals from Contractor to perform additional services in the collection of additional recyclables or to perform additional services in zne collection of compostable materials. Nothing contained in this paragraph shall obligate City to pay for such additional services or work unless and until this Agreement is modified by a contract in writing. 23. Entire Aqreement. The entire agreement of the parties is contained therein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subj ect matter hereof as well as any previous agreement presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. AGREEMENT FOR RECYCLING COLLECTION PAGE 9 Executed as of the day and year first above written. CITY OF SUPER CYCLE, INC. By BY Its Mayor and By Its City Manager Its By Its m � EYHIBZT A C�tlt O! Fridley COliPREHEN8IV8 RECYCLING PROtiRAI� BPECIFICATIONB I. Introduction. These specifications define the requirements of the Comprehensive Recycling Program for the City of Fridlev II. Definitions. 1. Recyclables: means newsprint and inserts, unsorted glass (food and beverage containers), unsorted aluminum, steel, bimetal, and "'tin"' cans (food and beverage containers), and corrugated cardboard. The parties�by separate agreement may later include the following items as recyclables: mixed plastic bottles (polyethylene terephthalate (PET) and high density polyethylene (HDPE), box board (such as cereal boxes), mixed paper, household dry cell batteries, yard waste and other compostable materials and other materials as mutually agreed upon between City and Contractor. 2. Unacceptable Recyclables: means recyclables which have not been prepared and/or located by the resident in compliance with the following standards: Newspaper: will be place in paper kraft bags or securely tied and bundled. Glass Food and Beverage Containers: will be rinsed clean. The glass will be separated from the other items and placed in a paper bag, box recycling container. Metal Food and Beverage Containers: will or be rinsed clean and kept separated from the other items and placed in a paper bag, box or recycling container. Corrugated Cardboard: will be broken down flat into bundles no larger than 3 feet by 3 feet. No cardboard that is wax or plastic coated or contaminated by food or grease shall be accepted: Preparation standards for other materials will be determined by mutual written agreement between City and Contractor. Page 2 to Exhibit A to Agreement for Recycling Collection 3. Recycling Containers: means uniform receptacles supplied by City, in which recyclables can be stored and later place curbside for collection as specified by City. 4. Rec clin Collection: means the pickinq up of all recyclables placed at or near the curbside properly prepared and package at Certified Dwelling Units (CDU's) and other City designated collection stops in the City. 5. Certified Dwelling Unit (CDU): means a single family home and each residential unit in a duplex, triplex, fourplex, or townhouse complex. Residential units in structures (other than townhouses) containing more than four (4) dwelling units, may be designated as CDU's upon mutual agreement by City and Contractor. 6. Collection District: means a specific geographic area of the City established for the purpose of having Curbside Recycling Collection for all CDU's and other City designated recycling collection stops in the district on the same day. 7. Contractor: Super Cycle, Inc., a Minnesota corporation. 8. � Collection Vehicle: Any v�hicle owned or operated by Contractor for collection of recyclables within the corporate boundaries of the City. Collection Hours: The time period during which collection of recyclables is authorized in the City. 10. Holidays: means any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 11. Scheduled Collection Day: means the day or days of the week on which recycling collection by the contractors is to occur, as specified in the contract with the City. 12. Curbside: means at or near the edge of the public or private street from which the CDU gains its access, or such other location as may be specified by City. � Page 3 to Exhibit A to Agreement for Recycling Collection III. Collection Requirements. A. Residential Collection. � 1. Frequency of Collection: Collection shall occur On the ]st and 3rd Frida of each month in Area 1(north of Mississippi St.) and on the 2nd and 4th Friday of each month in Area 2 south of Mlssissippi The City will be divided into 2 Collection Districts. St.) 2. Collection Hours: Collection shall commence no earlier than 7:00 a.m. Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 6:00 p.m on the scheduled collection day. Residents will be requested to have recyclables placed at curbside before 7:00 a.m. on the scheduled collection day. 3. Compliance with Driving and Hauling Laws: Collection and transportation of all recyclables shall be accomplished in accordance with all existing laws and ordinances, and future amendments thereto, of the State of Minnesota and local governing bodies. 4. Weiqhing of loads and Reporting Requirements: Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, drivers name, vehicle number, tare weight, gross weight, net weight, and number or recycling stops for each loaded vehicle. Collection vehicles will be weighed empty before collection to obtain a tare weight and weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be included as part of the billing sent to City each month. Contractor will also include a report of the total tons collected, a fair estimate of the percentage of the total that each material type represents, and the markets generally used for the sale of the recyclables. 5. Point of Collection: All residential collection will occur at the curbside. 6. Procedure For Unacceptable Recyclables: If Contractor determines that a resident has set out unacceptable recyclables, the driver shall use the following procedure: Contractor shall leave the unacceptable recyclables and leave an "'education tag^' indicating acceptable materials and the proper method of preparation. :1 Page 4 to Exhibit A to Agreement for Recycling Collection The driver shall record the address on forms provided by City, and report the addresses to the City Recycling Coordinator at the end of each week. The City Recycling Coordinator will undertake efforts to educate the resident regarding proper materials preparation. If these efforts fail to achieve compliance within a reasonable time, the Recycling Coordinator may director the Contractor to stop collection at that CDU. 7. Cleanup Responsibility: Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at lease one broom and one shovel for use in cleaning up material spillage. Contractor shall have no responsibility to remove or clean up any items which are not recyclable materials. 8. Missed Collection Policv and Procedure: Contractor shall have a duty to pick up missed collections. Contractor agrees to pick up all missed collections on the same day Contractor receives notice of a missed collection provided notice is received by Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, Contractor agrees to pick up that missed collection before 6:00 p.m. on the immediately following business day. Contractor shall provide staffing of a telephone equipped office to receive missed collection complaints between the hours of 7:30 a.m. and 5:00 p.m. on weekdays, except holidays. Contractor shall keep a log of all calls including the subject matter, the date and the time received, the Contractor's response and the date and time of response. This information shall be provided to the City in a monthly report. 9. Non-Completion of Collection and Extension of Collection Hours: If Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduled collection day, it shall notify the City Recycling Coordinator by 4:30 p.m and request an extension of the collection hours. Contractor shall inform City of the areas not completed, the reason for non-completion, and the expected time of completion. If the Recycling Coordinator cannot be reached, the Contractor will request the designated alternate. Page 5 to Exhibit A to Agreement for Recycling Collection 10. Severe Weather: Recycling collections may be postponed due to severe weather at the sole discretion of Contractor. ~Severe WeatherM shall include, but shall not be limited to, those cases where the temperature at 6:0o a.m. is -20° F or colder. Upon postponement, collection will be made on a day aqreed upon between Contractor and City. 11. Holidays: If the agreement for collection is weekly, and the scheduled collection day falls on a holiday, the collection will be cancelled for that day. If holidays fall on scheduled collection days for two consecutive weeks (i.e., Christmas Day and New Year's Day), an alternative collection day shall be scheduled by mutual agreement. In such a case, Contractor shall assist City in publicizing the alternative collection day, including delivery of notices to each CDU in the effected Collected District. In those cases where collection is other than weekly, and scheduled collection falls on a holiday, an alternative collection day shall be scheduled by mutual agreement. 12. Test Areas: City reserves the right to have tests performed in the City. The amount of areas removed for a test shall not exceed ten percent (10$) of the total number of CDU's, unless otherwise agreed by City and Contractor. Duration of a test is limited to one hundred twenty (120) days, unless otherwise agreed by City and Contractor. City shall have the right to select equipment and persons to conduct the test. No compensation shall be provided because of fewer materials or stops during the test period. Contractor shall be given first consideration to conduct the test, provided City deems the Contractor best qualified to do so. 13. Collection Vehicle Equipment Requirements: Each collection vehicle shall be equipped with the following: a. b. c. d. e. f. a two-way radio a first aid kit an approved Extinguisher warninq flasher warning alarms reverse 2AlOBC Dry Chemical Fire s to indicate movement in signs on the rear of the vehicle which •This Vehicle Makes Frequent Stops"' state : ' Page 6 to Exhibit A to Agreement for Recycling Collection : ! g. a broom and a shovel for cleaning up spills. All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free from odors as possible. All vehicles must be clearly identified on both sides with Contractor's name and telephone number. 14. Personal Requirements: Contractor shall retain suffic�ent personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: a. Conduct themselves at all times in a courteous manner with the general public. b. Make a concerted effort to have at all times a presentable appearance and attitude. c. Perform their work in a neat and a quiet manner and clean up all recyclables spilled in collection and hauling operations. d. Avoid damage ta property. e. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 15. Ownership: Ownership of the recyclables shall remain with the person placing them for collection until Contractor's personnel physically touch them for collection, at which time ownership shall transfer to Contractor. 16. Household Dry Cell Batteries: If requested by City, Contractor agrees to periodically collect household dry cell batteries at the curbside along with other recyclables, at the regular charge per ton, but not more than once per quarter. The method of preparation and the timing for collection will be mutually agreed upon by Contractor and City. The method and expense of processing will be arranged for by City. ��■l L%HIBIT B CITY OF FRIDLBY FEES FOR COMPREHENSIVE RECYCLING PROGRAM Fees for services to be paid by City to Contractor shall be based on a per ton collected basis, plus "out-of-pocket expenses" incurred by Contractor. "Out-of-pocket expenses" shall be limited to 2$ of the face amount of the Contractor's performance and payment bond costs. A. The cost per ton under this Agreement shall be $100.00. B. The estimated monthly "out-of-pocket expenses" shall be $44.00 per month. It is the intent of the parties that Contractor receive from City a minimum monthly payment, exclusive of "out-of-pocket" expenses". Accordingly, in the event the cost per ton of paragraph A above multiplied by the number of tons collected does not equal the minimum monthly fee hereinafter set forth, City agrees to pay Contractor an additional sum of money so that such minimum payment, when added to the calculation of the payment under paragraph A above, equals the minimum hereinafter set forth. The minimum monthly payment to be received by Contractor in accordance with the foregoing calculation, inclusive of "out-of-pocket expenses", is $3,144.00. � � cinr oF F�� C011/iMUNITY DEVELOPMENT DEPARTMENT M EMO RAN D UM DATE: July 20, 1989 ��y� � TO: William Burns, City Manager�l�� FROM: SUBJECT: BACKGROUND Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Establish a Public Hearing for Sale of Excess Property, East Six Feet of Vacated Alley, Block 5, Hyde Park, by Wayne Johnson On May 16, I988 the City Council approved a vacation request by Wayne Johnson to vacate a 12 foot wide alley along the rear of the properties located between Lots 22 through 30, Block 5, Hyde Park. The petitioner wanted to construct a garage for his rental property at 6051 - 3rd Street (Lots 25 and 26). During consideration of the request, it was detenained that the east six feet of the alley would accrue to the State of Minnesota since MnDOT acquired platted lots in Hyde Park for widening of TH 47. After recording the ordinance to vacate the alley, the Anoka County Title Examiner notified the City that the State of Minnesota would have to deed the east six feet of the alley to the City prior to conveyance to abutting property owners including the petitioner. Further, the Examiner of Titles stated that the State's Certificate of Title for the property would have to be memorialized with the City's ordinance vacating the alley as well as the affidavit of publication. The memorialization process requires a court proceeding which may take three to six months. The State was unwilling to incur the costs associated with the process given the small amount of property affected. On May 10, 1988 the Appeals Commission granted a rear and side yard setback variance to construct the garage one foot from the rear lot line and three feet from the side lot line contingent upon the successfui completion.of the vacation process. � � Wayne Johnson July 20, 1989 Page 2 ANALYSIS The petitioner filed the vacation application in June of 1987. Mr. Johnson, frustrated with the State's refusal to memorialize the Certificate of Title, as well as the passage of two years, requested the City to do the memorialization process. Because of the unforseen costs and procedures involved with the vacation request, staff agreed to proceed with the memorialization process, but to divide the costs equally with Mr. Johnson. The cost of the memorialization process may range from $500 to $1,000. Given that the memorialization process may take up to six months, staff recommended that the petitioner proceed with the excess property process simultaneously in order to identify any problems with conveying the property to him or the other affected property owners. RECOMMENDATION Staff recommends the City Council establish August 14, 1989 for the public hearing date for the sale of excess property. Because the July 26, 1989 Planning Commission meeting was cancelled, the Planning Commission will consider the request on August 16, 1989. BD/dn M-89-417 I ;i� (��'� ��oo . , �p�a�� Q��. -� aa d n� m ,�1 00 ..-�. ��!� �0 on90000 . o .4�►� . !� o � . ��'��b�0� � �0 . .�:i�.. �m� ��- �, ;�e0000 �/ i[ 1 Si1: �`•7/. I1�f Y+'7M' �i/1!� �i �_ ► i".� Iti� t��1 i!O [!�I��C ttS► _ (LS 1i �U� Mf � yf' A1�L iT 'II � Q�F /4i �i � �f1� i�l �'f /P,�fIR �siLl�[I�1 �S� ' r�L �m a_�•s. �s� ir� s+�ct rr-u C:ti. 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I+i � (+�Z6 S �+ �' , F 25 :s�� E ° 25 7 24 7 �,�.� � 24 ty�� %�;�: ' :�r��29 <+ �.�1 : ' e Z �' \1, � ` ly��z-3 �`� � �� —_ � c .i�l? ? �^ : j/t ! .r �. _ . r.1 . l sl _.a .�i-� aa f.::?J sp.v #s�-o� 9C Wayne Jahnson �' y» u e. r-------'� -- --..-��sd s d6 � ^,..' jo I t�� ,i :_� .,- ' „ti! �'i�1 �1., �a � 9 9_ • 4 - � - _-� W --- a > � -- --, Q � � --- a--�� _ �� I � `X � � � = h` /�� • F , f 4� � ��'�o) . •- �e a �. 59 T ..vry.. , � � � i6'I�_ lt� �p CO` 'a v y •., ,• �'ME'�� `� i�. , . Nir. Clyde Moravetz City of Fridley Civic Center 6431 University Ave. N.E. Fridley, A?N. 55432 COU NTY OF ANOKA O,�ice of the Ezaminer of Titles COURTNOUSE ANOKA, MINNESOTA 55303 612-422-7485 AZarch 9, 1989 James J. Pauly Examiner of Titles Re: Lots 1 through 6, Bloc}: 5, Hyde Park (Certificate of Title rio. 24378) Dear 111r. !lRoravetz: I have enclosed the deed which you left with me on A�arch 1, 1989. Following our meeting, I determined that the vacation ordinance affecting the 12 foot alley within Blocl: 5, Hyde Park, was filed in the office of the fiegistrar of Titles on July 25, 1988 as Document No. 177229. The affidavit attesting publication of that ordinance was likewise filed in the office of the Registrar of Titles on July 25, 1988 and is Document No. 177230. It appears as though the State of Minnesota, as the holder of title to the adjoining portion of Lots 1 through 6, Block 5, Hyde Park, described in Certificate of Title No. 24378, would be entitled to a determination in proceedings subsequent that it now also holds title to the east half of that portion of the vacated alley lying between the westerly extensions of the north line of said Lot 1 and the south line of said Lot 6. As I mentioned during our meeting, before such a petition may be brought by the State, the memorials of Documents A'o. 177229 and 177230 must first be added to Certificate of Title No. 24378. The corresponding west half of the alley would accrue to the owners of Lots 25 through 30, Hyde Park, which land is aLso registered. The owners of Lots 25 and 26 are «'ayne A. Johnson and 147ary C. Johnson (Certificate of Title No. 59378); the owner of Lots 27 and 28 is David C. Curry (Certificate of Title No. 51019); and the owner of Lots 29 and 30 is Jerome A. Pohl (Certificate of Title No. 51941). If the City of Fridley also intends to eventually acquire the west half of the vacated alley, these individuaLs must likewise petition in a proceeding subsequent to obtain a judicial determination that the portions of the vacated alley have accrued to their respective lots. Only after that has been done can they convey the vacated alley to the City of Fridley. Affirmative Action / Equal Opportunity Employer . � -�- As I mentioned during our meeting, I agree K ith the Registrar's decision to refuse the enclosed quit claim deed for filing based on the presence of Liquid Paper or "whiteout" on the document. In addition, the enclosed quit claim deed apparently seeks to limit the portion of the vacated alley conveyed to the City of Fridley through the use of the words "which accrues to said Lots 1 through 9 inclusive � reason of the vacation thereof." (emphasis added.) As such, this description is indefinite. The new quit claim deed from the State of i47innesota should convey only the east half of that part of the vacated alley which adjoins Lots 1 through 9, Block 5, Hyde Park, and should further describe the portion of the alley so conveyed by reference to the north and south lot lines of the adjoining lots. If you have any questions or comments, please feel free to contact me. JJP/jr cc: Suanne Raymond C-1 � �--= L-104 9F Q2DINAN� N0. 905 AN CRDINAN� U1�IDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREEIS AND ALLEYS AND TO AI��1�ID APPENDIX C OF THE QT Y QODE 'IY�e City Council o� the City cr� FricIley does hereby ordain as follows: SECTION 1. To vacate the 12 foat alley in Block 5, Hyde Park, lying North � the South line of Lot 22 extended Easterly and South � the r:erth line of Lot 30 extended Easterly. All lyir,g EAst of and adjoining Lots 22 - 30, Block 5, Hyde Park, generally located between 61st Avenue and EOth Avenue and between 3rd Street and University Avenue. All lying in the North Halt af Section 12, T-30, R-24, City of Fridley, Co�mty of Anoka, Minnesota. Be and is hereby vacated subject to stipulations adopted at City Go�cil neetir.g of Max 16 , 198$�. SECPIGN 2 'Ilze said vacation has been made in conformance with I1ir.nesota Statutes and pursuant to Section 12.07 of the City Ct�arter and Appendix C of the City Code shcll be so amenGec:. PASSID Aiv'D ADOPrED Bi' TfiE QTY CC7fJPdQL OF THE QTY OF FRIDLEY THIS 15TH __ L1�,Y OF MAY , 1988. P!L'I'EST : SHIRLEY A. HAAPALA - CITY Q,ERK Put�lic Hearing: P_ugust 24, 1987 First Reading: �y 2, 1988 Seoond Reading: F'1ay 16, 1988 Pulalish: P1ay 25, 1988 3/ 7/4/ 12 W]I,LIAi�i J. NEE - t"AYOR ' � � cinroF FRlDLEY PLANNING DIVISION MEMORANDUM NEN1� �: Jock Robertson. CoRm�nity Develognent nirector Jim Robinson. Planning Coordinator trEMO �tC�i: Kathlyn Castle. Plamning Assistarrt NEPfJ nP.TE : May 11, 1988 �tDING: SAV 87-07. Vacation of the Alley located in Lots 22-30. Block 5. Hyae par k On May 10, 1988 the Anpeals �ommission �animously approved Mr. Johnson's request for a varianoe which reciioes the rear yard setback f or an accessory building f ran three feet to ane foat and the side vard setback f or the same frcm five feet to three feet. �e follawing two stipulations were attadzed to this varianoe : 1. The petitiaier work with the neicj�►bor to the r�orth and the �ity engineer on a sufficierit drainage Rlan. 2. This variance is contingent on �ity �ouncil approval of the Alley Vacati rn. M-88-125 _ _ It ot Fridlsy RECREATION DEPARTMENT 612/572-3570 . � . � �► � � � I I `� I,-/�� ► � W July 20, 1989 . . ��I TO: William Burns �• City Manager FR: Jack Kirk Recreation & Natural Resource Director RE: FENCING FOR PROPERTY ALONG SUMMIT SQIIARE PARR Mr. and Mrs. Del Pettis (5176 Hughes Ave. NE) have requested that the City of Fridley pay for part of a"semi-privacy" fence to be placed on their property adjacent to Summit Square Park. This request was presented to the Parks and Recreation Commission at the June 5, 1989 meeting for their consideration. After considerable discussion on the topic, the Commission passed a motion to recommend to the City Council the expenditure of one half the cost of fencing and installation of a four foot (4') chain link fence along park property for Mr. and Mrs. Del Pettis of 5176 Hughes Ave. NE. However, if Mr. and Mrs. Pettis do not put up a chain link fence then the City will not share in the cost of the fencing. This motion was presented to the Planning Commission at the June 21, 1989 meeting as part of the Parks and Recreation Commission meeting minutes from'�'June 5th. The Planning Commission concurred with recommendation to provide one half of the cost of a chain link fence for Mr. and Mrs. Pettis. Anticipated expenses for the fencing and installation should be approximately $1,500 with the City's fifty percent share at $750. Since this is not budgeted for in the 1989 budget, funds for this project would need to come from the emergency reserve if the City Council approves this request. This request for City assistance is to be on the City Council Agenda for Monday, July 24th for consideration. JK:sj � � � ,�, � � �� . � �� .� � � 'a � � �� .� �� ,� � � � � � �� ~ � � �� _�� 4' l � .�� ` � � 4�� `� � � �� . �� .� � �� . , �-W. � � �� n �m \�a I►� �►�; � �, �� , �� ,� �� . � �� ,� � � � � � � � �� . .a� �� . � � �. � � ��.. �- � \ ,�.� � �� . � �� . � � .� � � � � . � �� -� � � � � o � °� � ' � y °. � �r ' � � .� � � � ,p . � � J�. � � � �� 10A , Mr. Kirk etated one of the residents Btarted etition, and the petition fncluded in the agenda p et stated: "The undersiqned petition that public te s court lights be turned off no later than 10:00 p. Mr. Kirk stated normally tennis urt liqhts in the City parks are turned off at 30:30- :00 p.m. He stated staff does not think it is worth le to insist that the liqhts be left on until 10:30 .m. when there are six tennis courts at the Middle hool only 200 yards away that are lit until i00 p . by Gargaro, seconded by Mr. Young, that the li ts on e north end of Commons Park be shut off at :00 . starting immediately. 71 VOICE VOTE, ALL VOTING l�YE, C8l1IRPERBON 1CONDRZCIC �RED T�tE MOTION CARRIED IINANIMOIIBLY. b. Request from Kr. i Krs. Pettis Mr. Kirk stated Mr. & Mrs. Pettis' property is adjacent to Summit Square Park. Summit Square Park is divided. On one side are the tot lot area and basketball court, and on the other side are the tennis courts and small open play area. Mr. & Mrs. Pettis' property goes between the two parks and is adjacent to the playqround equipment. Mr. Rirk stated the Pettis' had a wooden privacy fence they had to tear down because it was in disrepair. They claim that not only was the fence damaged by the weather, but also by children climbing over it. They are requesting that the City help pay for a new semi-privacy fence which will cost $750 in materials alone. The Pettis' are willing to put up the fence and maintain it. Mr. Kirk stated that some years ago, the City had a practice whereby the City would pay for one-half of a 4 ft. chain link fence for any property bordering the park. As far as he knew, those kinds of requests were automatically approved by the Comnrission; however, it has been 6-8 years since the last request. Mr. Kirk stated that since that time, the City has gone into some new budqetinq practices and money is not budgeted to do this type of thing. Mr. Kirk stated that along Summit Square Park, there is a hodge-podqe of fences. ' �J 1_) 1� a_�� _` 1_' i � —1� Y,Y � Y'" _ i ��. 1 C " Mr. Garqaro asked if there is any flexibility in the budget. Mr. Voll�►an stated that with the old budgetinq system, they could move monies around; but not with the new budgeting system. Mr. Kfrk stated the money in the budqet now is earmarked for certain projects. Mr. Kirk stated he is concerned about setting a precedent , if the Commission should recommend approval of this request. There was a precedent at number of years ago, but there has not been a request for 6-8 years. Mr. Kirk stated he was sure the reason the City paid for half of the chain link fence was because chain link fences are more durable and they could get a uniformity of fencing around the parks. Mr. Kondrick stated it is true that the City should be tryinq to have uniformity nround the parks, but everyone knows that a chain link fence is not much of a privacy fence. The thing that bothered him is that they have had these kinds of requests before, and they have approved them. He realized times change, and the Commission can change its policy, but can the Commission change its policy now after havinq received this request? Mr. Young stated he wished the City had been informed by the property owners before the fence was torn down to see if the fence could have been repaired. Maybe a new fence was not needed. . Ms. Schreiner stated a wooden privacy fence is certainly not going to be as durable as the chain link fence. Mr. Gargaro stated the Commission has to take the property owners' word that the fence was damaged by children in the park. Mr. Rondrick stated if it has been a policy in the past that the City will pay one-half of a 4 ft. chain link fence, then what grounds did the Commission have to deny the property owners a durable fence? He felt they had to act on this request, and then do somethinq about the past policy. , Mr. Rirk etated staff could research the mi�uteB and find out when fences were qranted in the paet. Y 10C 10D ,� , �� " • � h� s�r - • y1: _ c ��' � � " Mr. Garqaro Btated that if they do aqree with this request, do they make the recommendation to the City Couricil? Mr. Kirk stated the Commission would recommend to the City Council that monies be expended for 50� of the installation of a chafn link fence or privacy fence. If it is done this year, then it will take the switchinq of some priorities. If it is to be done next year, then it will have to be put into the budget riqht away as the budgeting process will soon be over. Ms. Schreiner stated ehe is conce.�r►ed that the privacy fence is very expensive, much more expensive than a chain link fence. Mr. Voll�an stated he believed the fence policy was that the City would pay for one-half the cost of a 4 ft. cbain lfnk tence only, and the property awners could then either have the chain link fence installed or a wooden fence, but the City only paid for one-half the cost of the chain link fence. OT O by Mr. Young, seconded by Mr. Garqaro, to recommend to City Council the expenditure of one-half the cost of the fencing and installation of a 4 ft. chain link fence along park property for Mr. and Mrs. Del Pettis of 5176 Huqhes Avenue N.E. Ms. Schreiner stated Mr. Kirk had stated there is already a hodge-podge of fencinq alonq Summit Square Park. For example, if these people want to put in a purple fence, will the City let them do that? Mr. Vollanan stated the property owners can put up any kind of fence they want, but if it is not a chain link fence, then they will not receive any monies from the City. Mr. Kirk stated the durability of the fence was really his qreatest concern. If it is a wooden fence, it could be broken down aqain by children climbinq on it. The Commissioners aqreed with Mr. Vollanan, that if the property owners do not want to put up a chain link fence, then the City will not share in the cost of the fencing. MOTION TO AMEND by Mr. Young, seconded by Mr. Gargaro, to recommend to City Council the expenditure of one-ha2f the cost of the fencing and installation of a 4 ft. chain link fence alonq park property for Mr. and Mrs. Del 10E s_�. �_ . . , _ . �_ : � ,��: � :��z��-� Pettis of 5176 Hughes Avenue N.E.; however, if Mr. and Mrs. Pettis do not put up a chain link fence, then the City will not share in the cost of the fencing. IIPON !1 VOICE VOT$, l�LL VOTI�iG ]1Y8, C871IRP$R80N 1CONDRICR DECLARED THE MOTZON C�RRIBD II�TIMODBLY. Mr. Kondrick stated now the Commission members have to decide if they want to continue with thfs policy or discuss a new policy. Ms. Schreiner suggested the Commission put a moratorium on all fencinq requests until the Commission has had an opportunity to discuss this and formulate a new policy. Mr. Kondrick stated he liked the idea of a moratorium. Ms. Schreiner stated the real question is: Do people want chain link fencing around their parks? The Commission has to discuss what they want to do. Mr. Kirk stated they also have to wait and see if the Council even approves this request. �IOTION by Ms. Schreiner, seconded by Mr. Gargaro, to place a moratorium on any fence requests until the September meeting when the Commissioners will discuss this and formulate a new policy. IIPON !� VOICE VOTE � ALL VOTING 71YE, CH7�ZRPERSON 1CONDRICR DECLARED THE MOTION CARRIED IINANIMOIIBLY. 3. QLD BUSINESS: a. ��cession l�qreemeat at Moore Lake Mr. Kir stated that per the Commission's direction at the last m ing and following the quidance of the City Attorney, the 'ty put out quotations for the concession at Moore Lake. stated four quotations were sent out and they received t back. One was from Lloyd Ackert from Bluebell and one w from Lowell DeMars from Paddy Wagon Concessions, who ha perated the concession at Spring Lake in Sprinq Lake Pa for 3-4 years. Mr. Kirk stated Bluebell quoted $515 r the summer (June 10-Auqust 15) and Mr. DeMars quoted $1, 0 or 10$ of the gross sales, whichever is hiqher. Mr. Rirk stated this is an information item y. The City has accepted the quote from Mr. DeMars. are �oF RISE 5,000 0 Community Emergency Assistance Program 5,000 1,000 Southern Anoka Community Assistance 5,0 0 5,000 St. Williams Church ,000 1,000 Alexandra House 3,500 3,500 Little Voyageurs' Montessori ., 1,000 0 Fridley Senior Center 2,500 2,500 ACCAP - Senior Outreach Worke 7.724 6.000 ** Recommended funding drop-in center only. IIPON A VOICE VOTE, ALL VOTING A MOTION CARRIED IINANIKOIISLY. ALS $53,124 $34,068 of $1,000 to be used for the , CHAZRPERSON BETZOLD DECLARED THE Ms. Sherek stated this wo d be before the City Council at their meeting of July 10. 6. RECEIVE THE MINUT S OF THE HUMAN RESOURCES COMMISSION MEETING MOTION by Ms. She k, seconded by Mr. Kondrick, to receive the May 18, 1989, minute of the Human Resources Commission. QPON A VOICE V TE, ALL VOTING AYE, CHAIRPERSON BET20LD DECLARED THE MOTION CARR D IINANIMO�SLY. 7. OTIO by Ms. Sherek, seconded by Mr. Kondrick, to receive the June 1, 89, minutes of the Human Resources Commission. Q ON A VOICE VOTE, ALL VOTIN(3 AYE, CHAIRPERBON BETZOLD DECLARED THE OTION CARRZED IINANIMODBLY. 8. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF JUNE 5. 1989 Mr. Kondrick stated that, at the June 5th meeting of the Parks and Recreation Commission, Mr. and Mrs. Del Pettis requested funds in 10G gLANNING COMMISSION MEETING, JQNB 21. 1989 - PAGE 15 the amount of $750 for replacement of a fence that borders park property. It has been the City's policy in the past to take the fence and provide one-half the cost of a 4-foot chain link fence. The Pettis' want to put in a wooden fence. The Commission recommended offering them one-half the cost of the fencing and installation of a 4-foot chain link fence along this border. If the Pettis� do not wish to install a chain link fence the City will then not provide funds. OM TION by Ms. Sherek, seconded by Mr. Barna, to approve the June 5, 1989, minutes of the Parks and Recreation Commission and to concur with the recommendation to provide one-half the cost of a chain link fence to Mr. and Mrs. Pettis. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 9. 23, 1989 OM TION by Mr. Barna, seconded by Mr. Kondrick, to receive e May 23, 1989, minutes of the Appeals Commission meeting. • IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOL DECLARED THE MOTION CARRIED IINANZMOIISLY. Mr. Barna stated that they had discussio regarding three variances which were corner lots. It is d' icult for City staff to decide what is the front, side and ba yards. He would like the City Council and Appeals Commissio to come up with a change in the definition on what is the fr , side and back yards on a corner lot and to define the orie tion of the house on the lot. 10. OTHER BUSINESS Ms. Dacy stated that t Planning Commission will begin the Comprehensive Plan upda process on July 12, 1989. This item was part of the Planning mmission's 1989 Workplan. She stated staff will present alter ives for the plan's format, plan horizon, and overall approach ADJOURNMENT OM TION Mr. Barna, seconded by Ms. Shezek, to adjourn the meeti A VOICE VOTE, ALL VOTING liYE, CHAIRPERSON HETZOLD DECLARED THE 21, 1989, PLANNING COMMISSION MEETING ADJOIIRNED �T 9s00 P.M. E „�,,,, �.,,��a s,,w,�� w.{��•� P.)!kS �IStre�'t� �M;t�ntennncC MEMORANDUM �,� To: William W. Burns-City Manager �� PW89-158 From: John G. Flora Public Works Director Clyde V. Moravetz-Engineering Assistant Date: Subject: 6-28-89 Permits & Reports for Monitoring Wells Attached is a draft drdinance for discussion providing the City authorization to require annual permit fees and monitoring reports at all monitoring well sites in Fridley. We believe this and information Fridley. CM/ r s ordinance will allow the City greater knowledge regarding monitoring well activities within 11 - , • �. � ORDZNANCS NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED "BUILDING CODE" BY ADDING SECTION 206.03.02 J The City Council of the City of Fridley does hereby ordain as follows: 206.03 PERMIT FEES 2. The fee schedule shall be as follows: J. Monitorinq Well Permit Fee � 1 Each ctround water monitorincr well location shall require a site 2 An initial monitoring well permit fee of Fiftv Dollars/(S50)Jis due and pavable to the Citv of Fridley at or before comm�ent of the installation. reqistration is not filed on or before October first of each vear the apt�licant must pay double the fee. 5 A cop.v of all monitorinq well permits annual renorts and final PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE-MAYOR ATTEST: SHIRLEY A. HAPPALA-CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 11A E �,��„��,�,�, sr�w�� w,�� F',irw, Strrcis M,nn!�•ndncc MEMORANDUM ��. TO: William W. Burns, City Manager�i' PW89-189 FROM: DATE: SIIBJECT: v John G. Flora,► Public Works Director July 20, 1989 Fridley Municipal Center Improvement Project No. 189 - Change Order No. 10 Change Order No. 10 consists of Proposal Request Nos. 24, 27, 70, 78, 85, and 91, Work Order Nos. 1937, 1939, 1940, and 1944 for the Municipal Center totaling $10,370.00. Change Order No. 10 consists of Proposal Request Nos. 30, 74, 74A, 82, 83, 87, 89, and 94, and Work Order Nos. 1941, 1943, 1945, and 1946 for the ramp totaling $41,531.00. Change Order No. 10 consists of Proposal Request No. 84 and Work Order No. 1942 for concrete work in the Fire Station for a cost of $549.00. Proposal Request No. 51 for Employee restrooms was originally estimated on Change Order No. 5 for $25,000.00. The actual cost to complete the restrooms was $18,795.00, a deduct of ($6,260). Change Order No. 10 amends Proposal Request No. 51 to reflect this new total. Also, Change Order No. 10 includes a Contract Amendment for Country Cabinets, Inc. for a deduct of ($13,810.00) for elimination of Fire Station furniture. The attached change order identifies the Proposal Requests and Work Order costs for the entire renovation project. Recommend the City Council approve Change Order No. 10. JGF/BN/ts Attachments �� 3�b �o �2 � � ?�. � CITY OF FRIDIEY IIdGIl�tIl�TG L�PAF�Nr 6431 L�TIVIIZSITY AVE., N.E. FRIDIE'Y, NAI 55432 July 24, 1989 Krdus-AilclerSOn �t. Oo. 525 So. Eighth St. Milzneapolis, NIl�T 55404 S[JHTEGT: Criaryge Ordex No. 10, Pt�o�osal Request Nos. 24, 27, 30, 51, 70, 74, 74A, 78, 82, 83, 84, 85, 87, 89, 91 a1'�d 94, and Field Work Order Nos. 1937, 1939, 1940, 1941, 1942, 1943, 1944, 1945, and 1946 for the FYidley N�uiicipal Center I�rwement Project No. 189 Gentlemen: You are hereby o�lered, authorized, ar�d instructed to modify your contract for the FYidley Municipal Center In�rovement Project No. 189 by addir�g the follawing w�rk: Addition• P.R. _� 24. 27. 36. 70. 74 & 74A 78. IZ'II�I Fire exti r,rn, i chex' cabilzets Revise wall covering Concrete tree planter Wall sleeve/perx�ant sprinklex head �orlcrete & water- P�f �J ��Y Q�rbing, V-joint, bit, strip, pait�t. Vestibule facia ocyverir�g SiJBOON'lRACPOR � �� Roanoke Builditlg Co. Gra2zini Co. GuillaLmie & As.soc. Park Construction GaIrnil�I1 BY�E. � II1C. IIiviron-Con National Sprinkler Park Oo�st. Park Ooa�st. Kr�ner' & Davis, Ir�c. Minnet,o�ilca Iro�i WoL�cs Guillaimie & A��.soc. Sea1�I'reat, InC. Gvrran V. Nielsen A.E. Qonrad Co. 115.00 (65.00) (650.00) 1,638.00 1.000.00 92.00 98.00 5,447.00 1,478.00 900.00 1,390.00 75.00 210.00 3,950.00 l 305.00) 115.00 ( 715.00) 2,638.00 190.00 5,447.00 4,053.00 3,645.00 82. F.'xpoe,ed aggregate 12A xraUS-Ar�3erson const. cb. Ct�ange Order No. 10 July 24, 1989 Page 7�0 P.R. (Cont'd) � TTII�i 83. P�edestrian bridge �� 84. Stai�ell gate, stap, silenoers, catc�es & hiryges 85. Aooustical oeilirig �� 87. FolZn ar�d pour extra sidewalk - Plaza area 89. C1i�line, st� larding, bridge g�1t�g 91. Change to areas 103, 102A, 135 94. Sauth elevation - drainage swale S�JBOOR�iIl2AC'I�OR Minnetonka Iron Works G2Q�'13� E16G't,I'lC CO. Park Qonst. Cauntxy C�b]xietS, ITyC. I�ulcahy Drywall �viron-�on, Inc. Amhitectural Sales Park �nst. Park Const. � � 1,522.00 470.00 10,448.00 12,440.00 227.00 227.00 ( 568.00) 348.00 1,260.00 1,040.00 3,956.00 3,956.00 5,009.00 5,009.00 Mulcahy Drywall 861.00 Cotantxy C�binets, Inc. 2, 402. 00 Geghart ElectriC 1.350.00 � . �. VJt�RK ORDgt � I'I�I S[JBOOIV'!'RAG'II�R 1937 Ret�oute pl�unbirig for sink in Rc�cam 020A Klanan Merhanical 1939 Replave galvanized water pipe to vapper Klauan Mecfiaaiical 1940 Re-excavate storm sewer trerx� for Pow�er outage Kla�m N1�echanical 1941 Law�er rattq� entty oore drill Klatian Mechanical 4,613.00 835.00 835.00 Subtotal $45,800.00 AI�7NZ' Z�OTAL 366.00 366.00 238.00 238.00 228.00 228.00 305.00 305.00 12B xraus-Ar�dexso� ooa�st. oo. Charyge an�er rro. lo July 24, 1989 Pa9e �hree WCd2K � _� ITII�I 1942 Fire Station o�ncrete slab 1943 Dig at beam pocJcets at ra� 1944 E'tCh glass betwe[�.n Ca�r�cil ar�d I�abby 1945 R�move sidewalk to atiat:rh e.�cistirig sid�walk r i'�� KraT1Z ► InC• G�az[ntpn 8t�os. � Iric. ffi].tl�iortl7�WlestE.�'17'i� IIIC. Park Const. AN1xRJ� 7�L 322.00 322.00 2,000.00 2,000.00 650.00 650.00 2,116.00 2,116.00 1946 Remvve srK�w - t�pper & lawer r'cu� Park CorLSt. 425.00 425.00 Subt�otal $ 6,650.00 PROrP06AI, R�dIJE�ST NO. 51 AN�iII�Tr: (Ct�ar�ge Ordex No. 5) 51 E�nplc�yee Restirooan (25, 000. 00) AI�TD P.R. NO. 51• F�nplayee Restirooan Architectural Sales 47.00 KLansn �anical 8,137. 00 phil HutchitLSOn Co. 803.00 R�anoke Build.ing Co. 472.00 Gleww�e Doors, ITic. 529.00 G�iilla�ne & As..soc. 300.00 MulCahy Drywall, Inc. 1,476.00 Gephart Electric 525.00 Grazzini Br�os. Co. 3,795.00 IIiviron-Qon, It�c. 1, 578 . 00 National Aut.o Sprinkler Co. 428.00 T.S. Hc�,rard C�o. 650.00 Subto�tal $18,740.00 BAIANCE OF P.R. NO. 51 (]ON!'RACT �II�TI': �uitYy Cabil�etS, IirC. . . ( 6,260.00) 513.810.001 (13,810.00) 12C Kraus Ar�erson ooa�st. Qo. Qzanqe On�ier No. 10 July 24, 1989 Page Fo�ur . v • r• e� • • � a� •.. 12D �+o�tal pY,pppsal R�quests. ..$ 45, 800. 00 Zbtal Work (h�dexs. ..... 6, 650. 00 Balai�oe of P.R. No. 51 ...( 6,260.00) Oontract Amei'�hnertt: �txy Cabinets, ?nc. . . (13.810.00) '!�1'AL ADDITI�1'B . . . . . . . . . . . . . . .$ 32.380.00 Original C�tract amount . . . . . . . . . . . . . . . . $3,419,170.00 Contract Additions - Ct�ange O�ier No. 1. ..... 16,570.00 - Char�ge Order No. 2. ..... 8,975.00 - Char�ge Ord�er No. 3. ..... 21,157. 00 - Cl�aix�e Order No. 4. ..... 30, 700. 00 - Ct�aryge Ordex No. 5. ..... 31, 000. 00 - Change Orcier No. 6. ..... 51,486.43 - C�r�ge Order No. 7 . . . . . . 35, 457 .16 - �x�e Order No. 8. . . . . . 16,676.00 - C�arige Order No. 9. ..... 6,733.00 - Criange Ordez' No. 10 ..... 32.380.00 '1 �171• •�: • 11 � � � '� S�enitted arr.l appraved by Jahn G. Flora, Public Works Director, on the 24th of 1989. bY c J G. Flora, P.E. irec..tor of Public Works _..�-.-. day of , 1989, by ;�� "= ; ��:�+;.:_� ; ��:;+��!� 7.�QQ S3Ck�� PL�Oj eC."t M3i'k1Q2Y' Approved arxl aooepted this 24th day of July, 1989, by G'ITY �' FRIDLEY Willi�n J. Nee, Mayor William W. Burns, City Manager CITY OP FRIDT.EY P�TITION CO'JER SHELT Petition No. 11-1989 Date Received July 10, 1989 object Request "NO PARKING", 8•00 a m to 5:00 a.m., Mondav through Friday sign on the south side of 69th Avenue from Old Central to the park access. p�tition Checked By Date percent Sisning Referred to City Council Disposition 13 13A �/,� ,�,� �� % i?��,� � 6%� �c �l. � v � jl/D ��%iP/�'/�t/6 � - S /�o.✓- ,r,Q� ,. �� . .�C- .��:�'i �c�- "� �9� � G��' a��' GGn�.G .e ,�%G�-� a.c�ae . . . �,� ��, ��' ��.� ��•'�� a,-��-u�,� �-�- . , . �� ,�� D`rwlL a� .r�,�.aP c�•�c �.a,, a-,�.�C ��-� ��-�a-� �-� ✓�� a�.c�% d��i � . �_ )� `�� Z`_�.�� o /%c,�`��io.��.L a�,.�� .�.�7�� Gl/ -�� nj�.C�� 4/ ,7�� ,a�`� 6��1'� ,��-� G� � �,.��,�%� ��,�!�,,� � . , Z��.W.., , - / .T � d �, � 9 z'l �� • �,a.� ti ,�,,. —�y� —6y� �^(FCtia.l,. ��.�y - � 3 � d - L 9'� - .� � �� , �L�..�.,(�,,,� I 3 9 � . � 9.�,a�: � .� � � �.,� > 3 � a - 6 4 '�` t� � < <� � c� C�� Ye,, � ' ` C' �' ( ��L rv� (c ��' 'F-�`� — l' • L� ��. �l�' c� 1 ^ �� .� .�1 �. � 1 - .�� .�o ,v. � � 9 �,��. �� -�-�� • .� - ,�,�.�tic� �.�. 'a� -; !� � G -- (�q,�` C�..� �1-� .� j1,�, cQ� � � S � � 2 % ' �• ' � . �,� l.v ;n�r�.,�n /.3io - � 9 � a,c� �'I � '�l� .�5�}.3�, C'�ur� � . • � � � ' n �y3� '� l� c� (�. 5� . � .. . --- ,� ..__� , . � � . � � � � - " FR/OL EY �3 �2 / COR/V�R � C. /.i ,� - -� ^� - . �ls�_. wx. -. / ��?� � 5� 50 '�co ,cr ,. , o - ,c. , -�. (- ,� .. �, . - ,1 Jv Y - �.`�VnT�i �i .. _ r310 �?o �3.� 1.�ia �3�`� � « � � �3T° � � . � . ��►�°'° � ' � ,� � / . (��i) (j) � `,+,/ >�j > 6 3 . > l�� %', �I�%. �9� . N ' � � �� +l'� 3 ? � -�° �� (ZZBo� o (.�314'0 �Z3Eo� /.Z� � ' _ V � 16 17 IS 19 �20 ' -� � ` �'� `�° �� d � �'`�� ','v° � ; :�� ( �� ; a � � � + ��< s _ _ < 8 ' �� `�-' � y . �. v..°,� (�� • ��) � . � � `` /13J ; � � . � `;�\ �o � is 1 -- src �9 - R v' ii i� :k 3.rEiv � -_I% -- __1 i? �6 ` v 1' �� 6�, 8 6�60 $� 3, c roe o� F , �� '� s� (�t : E • � � :s rc�+� . � P� ►• ;�y � '. S n 1�6 t � ; � � p, ' �' r 3 � Ys -- B � '�. ��O►. � �s-eJ � � � � . : �, , . �, �I/�� '�y ��. n ( � � Sb-�� 39 � f `v �r �/��L � '. J� � P J � I ° � . G> , .�s R �� bB��J � � �,� � ,�, � „ � � Arr ,/� (ro4J (!►vv) F�o� F c,f �� - =� • � � C; � /i://�j� , � /�...r i.,.r..�r J •F.;� -� '�` �,:�, -- GR � � k�� L:fy of F.�✓,ty ( Ar.,17 a�1. ) R!� QP - —,�. — _ -- �� - s,� o'� Sfs/s a�M�+.,:,t.�,f � 2 � _._.!! � r ,.� � � . �� for/iin �3. : � OwiD� � •i .. � �ow:� � `�' R�� CITY OF FRIDLEY M E M O R A N D II M 1 �, TO: WILLIAM W. BIIRNS, CITY MANAGER A'•� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: ��A'� FRAME LEASE - SCHOOL DISTRICT NO. 14 DATE: JIILY 7, 1989 School District No. 14 would like to renew the lease for the "A" Frame building located at North Innsbruck Park, Arthur Street. The lease would include the same terms as the agreement dated June 6, 1988. The lease will run from September l, 1989 through May 31, 1990. If you have any questions concerning this matter, please give me a call. 0 14 14A 9 AGREF3��1T OF LEASE �is Agreanent, made this day of , 198 , by and betwee� the City of Fridley (hereinafter designated as "Lessor") and Ir�depenclent School District No. 14, (hereinafter desi�ated as "Lessee"� . _ �� That the Lessor, for and in consideration of the terms, covenants, rents and conditions, herein mentioned, to be paid and performed by Lessee, does hereby c�enise and let on to said Lessee, and the said Lessee does hereby hire and take from the Lessor the following described premises situated in the City of Fridley, County of Anoka, State of Minnesota, to-wit : �e "A" fr�ne building located at North Innsbruck Park, Arthur Street, Fridley, Minnesota Zb have and to holc3 the same j ust as it is, without 1 iabil ity on the �rt of the Lessor to make alterations, and imprwenents or repairs of any kind in and about the demised prenises, except as and if otherwise set forth herein, beginning September 1, 1989 and ending May 3t, 1990. 1. Lessee agrees to and with Lessor to pay Lessor as and for the r�t for the abov�mes►tioned prenises monthly installments of $555 each month, in ac7vanoe, cn the f irst day af each and every month dur ing the f ul l term of this Lease at the affioe of the Lessor or at such other plaoes as Lessor may in writing designate. In addition to the rent specif ied in the preaeding paragraph, Lessee agrees to provide for the cleaning of the building's interior, the maintenanoe of the sicle walks and the upkeep of the lawn. Further, the Lessee shall pranptly pay the costs of all � utilities, including but not limited to, electricity, natural gas, telephone, sewer, water and refuse renwal. Zl�e Lessor agrees to provide all snow removal for the parking lot which is imnediately adjaoent to and whic� servioes the demised property. 2. Lessee shall procure insurance on the contents of the building during the term of the lease. 3. Lessee covenants and agrees that it will make no structural change or major alteration without the Lessor's oonsent, which consent shall not be unreasonably withheld. The Lessee further covenants that it will prcmptly pay for any such alterations, rep3irs or maintenance made to the demised properties so that no mechanics liens will be f il ed against the property. 4. Lessee agrees to �y for all special requirenents for utilities such as gas, stea¢n, water and electricity. Charges for such utilities ��i t� �ia t� �S�e ana in the event such charges are not paid when due, the same shall constitute a default hereunder on the part of the Lessee. 5. Lessee agrees that it will not sublet the demised prenises or any part thereof, and will not assic,�n this Lease or any other interest therein. 6. �e parties hereto mutually agree that if the dat►ised prenises are partially or to�tally destroyed by fire, or other hazarc7s� then Lessor may, but is not obligatQd to, repair and rest�e the demised prenises as soon as is reasona4ly practical., to subtantially the same condition in which the danised preaises_were before such ciaanage. � 14C 7. Any trade f ixtures, equipment and other property installed in or attached to the demised prenises by or at the expense of the Lessee shall renain the property of the Lessee and the Lessor agrees that the Lessee shall have the right at any time and fram time to time to renove any and all of its trade fixtures, equipt�ent and other property which it may have stored upon or affixed to the ci�nised pranises; pravided, hawever, that in the event of such removal, Lessee shall restore the premises to substantially the same oondition in which the prenises were at the time Lessee took possession. 8. Lessee agrees to pay to the Lessor on demand, the cost of any repairs to the prenises if such repairs are made necessary by Lessee's misuse or negligence, or the misuse or negligence of Lessee's guests. Lessee agrees to make the aforenentioned payment no later than the f irst day of the month following notif ication f rom the Lessor of the Lessee' s responsibility for this payment. 9. �e Lessee agrees to pranptly notify the Lessor of any dangerous oonditions in the prenises provided by the Lessor. 10. The Lessee agrees to vacate the premises on or before the temination date af this Lease or any re�ewal or extension as provided by this Lease. If the Lessee fails to vacate on or before the required c7ate, he shall be liable to the Lessor for any and all losses incurred by the Lessor as a result of such failure. Up�n vacating, the Lessee agrees to leave the prenises in the oor�dition at the commencement of the tenancy, ordinaXy w�ear arx� tear e�acepted. 11. Lessor shall at all times have the right to enter upon said 14D prenises to inspect their condition and at his election to make reasonable and neoessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require the Lessor to make such repairs, and the Lessor shall not be liable to the Lessee for failure or delay in making such repairs, or for damage or injury to persons or property caused in or by the making of such repairs, or the doing of such work. 12. If the Lessee shall make default in ariy covenant or agreeinent to be perfon�ned by it and if after written notioe fram Lessor to Lessee, such default shall continue for a period of five (5) days or if the leaseholc7 interest of the Lessee shall be taken on execution or other process of law, or if the Lessee shall petition to be or be declared bankrupt or insolvent according to law� then, and in any of said cases, the Lessor may i�riediately or at ariy time thereaf ter, without f ur ther noti ce or demand, enter into and upon said prenises or any part thereof and take absolute possession of the same fully and absolutely without such r�entry working a forfeiture of the rents to be paid and the owenants to be perfornied bY the Lessee for the full term of this Lease and at Lessor's election, Lessor may either lease or s�let such prenises or any part therof on such terms and conditions and for such rents and for such time as the Lessor may reasonable elect and after crediting the rent actually collected by the Lessor fram such re-letting, the Lessee, its respective heirs, legal representatives, sucaessors and assi�s, and interests shall be liable to the Lessor for any balanoe renaining due on the rent or reservec3 under this Lease; or the Lessor may at his option, declare this Lease forfeited and may take f ull and absolute possession of said preaises f ree f ram any subsequent rights of the Leseee. - 14E �at in the event of default by the�Lessee, Lessee shall compensate the Lessor for all reasonable attorneys fees, e�enses and costs incur red by the Lessor in either reacquiring possession of the property or for bringing an action for reoovery of taipaid rent. In the event that the Lessee vacates the prenises and defaults in any of the terms of this Lease without giving forn�al notice of termination of the Lease, the Lessor has a right to reenter and take possession of the prenises. 13. Wherein in this Lease it shall be required or permitted that notioe ar demand be given or servec7 by either �rty to this Lease to or on the other, such notioe or d�emand shall be given or servec] and shall not be deaned to have been given or served unless in writing and forwarded by mail addressec3 as follows: To the Lessor: Fridley City Manager Fridley City Hall 6431 University Avenue Fridley, Minnesota 55432 To the Lessee: Independent School District No. 14 6000 West Moore Lake Drive Fridley, Minnesota 55432 Such addresses may be changed fram time to time by either party by servive of notioe as above pravided. 14. �e Lessor and the Lessee agree that all a� the pra�visions hereof aze to be oonstrued as ooveriants and agreenents. 15. Where appropriate, singular teans include the plural, and pronams of one gender include both genders. 16. In the event that norrp�lic ft,uids are terminatrea or significantly reduced which causes or�e prograan to prenaturely close, the lessee shall notify the lessor and shall be allvwed to terminate the lease within thirty (30) days due to the lack of f�mds. Il�] WI�JFSS WHIIZDOF, the Lessor and Lessee have caused their respective names to be subscribed to this Lease on the day of , 1989. Lessars: City of Fridley BY� William J. Nee I� Mayor Lessee; Independent School District No. 14 BY: Dennis E. Rens I}� Su�erintendent 14F . . 5 FOR CONCURRENCE BY THE CITY COUNCIL LICEN8E8 Type of License: CHARITABLE GA�1BLING Fridley Senior Center 6fl85 - 7th St. N. E. Fridley, Mn. 55432 LIVESTOCK Myron F. Nadala 635 Glencoe St.N.E. Fridley, P1n. 55432 TREE REMOVAL Design Tree Service 4300 Brookdale Dr. Brooklyn Pk., Mn. 55443 FOOD ESTABLISHMENT TCBY Fridley (The Country's Best Yogurt) 1270 E. Moore Lk. Dr. Fridley, Mn. 55432 Plaza Cafe 6401 University Ave.N.E. Fridley, Mn. 55432 � Connie Thompson Same Joan �1. Lawrence Linda Cantin John C. Fennell Approved By: James P. Hill Public Safety Director Ralph Volkman Supertindent of P.6J. Fees: Asking Fees to be waived $15.00 $40.00 $35.00 $35.00 16 FOR CONCURRENCE BY THE CITY COUNCIL JULY 24, 1989 $ZCAVATING Glendale Contracting Inc. 3030 Harbor Lane Plymouth, I�T 55447 By: Jim GLenzinski �il�8 88RVICEB Bloomington Heating & A/C Co. 650 West 92nd Street , Bloomington, IrIIJ 55420 By: Chuck DeMers J. K. Heating Co. 1286 Hudson Road St . Paul , I�I 55106 Pierce Refrigeration 1920 - 2nd Avenue South Anoka, MN 55303 GENERAL CONTRACTOR Carlson-LaVine Inc. 2831 Aldrich Avenue South Minneapolis, MN 55408 By: Jerry Larsen By: John Becker By: Richard Ostedorf Darrel A. Farr Development Corp. 2150 Cedar Lake Road St. Louis Park, 1�I 55416 By: Dan Farr Royston Corporation P.O. Box #7, Old Elberton Road Royston, GA 30662 By: Glenn Denard Sawhorse Inc. 4740 - 42nd Avenue North Robbinsdale, NIN 55422 Swords Construction 3528 Oakland Avenue South Minneapolis, IrIIJ 55407 Twin City D�siqn 1809 East Lake Street Minneapolis, I�1 55407 By: Dave Dahl By: Michael Swords By: Bobbi Kieman BB�TING Bloomington Heatinq & A/C Znc. 650 West 92nd Street Bloomington, MN 55420 By: Chuck DeMers 16A LICENSES DARREL CLARK Chief Bldg Ofcl DARREL CLARK Chief Bldg Ofcl Same Same DARREL CLARK �ief Bldg Ofcl Same Same Same Same Same DARREL CLARK Chief Bldg Ofcl , J.K. Heating Co. 1286 Hudson Road St. Paul, MN 55106 By: Jerry Larsen Modern Heating & Air Cond. Inc. 2318 - lst Street N.E. Minneapolis, MN 55418 By: Terry Hutchinson Pierce Refrigeration 1920 - 2nd Avenue South Anoka, MN 55303 PLIIMBING Encon Utilities 1530 East Cliff Road Burnsville, MN 55337 Glendale Contracting Inc. 3030 Harbor Lane Plymouth, MN 55447 Jack's Plumbing 16930 Chisholm Street N.E. Ham Lake, MN 55304 Mac Donald Plumbing Co. 2946 Sumter Avenue North Minneapolis, MN 55427 Midwestern Mechanical 9103 Davenport Street N.E. Blaine, NIN 55434 Plymouth Plumbing Inc. 9290 Zachary Lane North Maple Grove, MN 55369 SIGN ERECTOR DeMars Signs 4040 East River Road N. E. Fridley, MN 55421 By: John Becker By: Ken Enright By: Jim Glenzinski By: Jack Pederson By: Lawrence Mac Donald By: Gene Beijer By: Cordell Johnston By: Larry Maciej Same Same Same STATE OF MINN Same Same Same Same Same DARREL CLARK Chief Bldg Ofcl . � , 17 FOR CONCURRENCE BY THE CITY COUNCIL ESTIMATEB July 24, 1989 Gammon Bros., Inc. 13845 Northdale Blvd. Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1 & 2 Estimate No. 1 . . . . . . . . . $ 43,154.11 Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 1989 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 1 . . . . . . $ 10,881.49 HNTB 6700 France Ave., S. Suite 260 Minneapolis, Mn 55435 Water Distribution System Study Project No. 191 Estimate No. 3 . . . . . . . . $ 9,410.59 Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, MN 55428 Water, Sanitary Sewer & Storna Sewer Project No. 188 Estimate No. 5 . . . . . . . . $ 8,339.13 Civic Center Remodeling Pay Application #10 Through June 30, 1989 . . . . . . . . . . . . $143,359.00 W F < _ H W a � .� m t-� 4 f7 U i < C �O d^ O F+1C O �0 7 U U O M I.� Z dF .. a J < QO G T U O • ++ i d O C C M C W F Z W U U > M U � � Q F i i < i < d C � N = � � C �y � p+ F- U i � m n .r Q� � f'1 0 � � � � � � � � � � � � � � � � � n�nni°i�i�=�nrni=o+n�i��N� f7 � l� .� f��•r Q� t� .r l� Q� .r �O �� N Pl N Uf if f t� l� � P�� f'1 �D M'1 a 0� r r�� r � : r� � i � � Y�'1 � N �O � If! i � i r a� � � i N i � i Iil IIY ►~+ S r' i U N �0 N b � O � O�C F N i~a. 1�-� N N N 0 m ! N nV+ F f�'f H t�a1 N V U m � � i I�i O t� U < � k� O U i 0 N W y � � � n i� �� tp n 1 1 (7 1 � N 1 1 1 . 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"��="'��• T r'NI'INN P1� !� (��OUf .r .� .� 0 • • •� M M �+ (I► ^� M Y1 • M • v �� ' � � � � u� � � � � � � N i m � Q� i f'f � N � Ifl i � � � � � � i i � .�v i N � N i O � � tl/ � � N � � � A � � � � N � N � i i i N � Q� � �O � •� i P � ! i � i � � � i i � i � � n � �o � M i N i N� � � N � i � i i � i i �� n � n � ��N . 1 ♦ I m � � � � � YN'1 � h � B i i � N i .~r i (�•1 .r i B � N O i N � M �i � p � a � N � O ..1 4 F N tA < V = = M = aa �1 U < N U O ONC -1 t~- _�" i < 6i. N < N F- ►r (lI I�I < �i < M Z < U �"� C = f� GG N= C.) J i S< 0. ►r N i t- p ..7 Z F < M< O U N = � � �+ S tA <►y t� N �= s F tl 1- � O d O f� O OCOCmi4/CM !l��i� ti 6 ►� t� 477<o �.1p mi�ihySG 1-� < i O O F t� U 41 8 i0 t� G OC <� id t- � J it� LMfO � ,< id..l �+ C s <wr:t- �s=a�<s►+smms s n. m � Z F�OCW <f+ Si SO�CF�S d U .+ (/j .+rmes.�N ssogeaxo � C9 `JSiraS i,N! C�MF i...1 i ►y <V»p441►y«.it�N W tlf v<�� i O Y<G�4=1C�9C,7C�9t�'JYiii�/�OC ! m , � • ��°:�:°!�� ; �m��:°. �sN+� ;.,o or.n 17A �