05/21/1990 - 5122OFFICIAL CITY COIINCIL AGENDA
COIINCIL MEETING
MAY 21� 1990
� FRIDLEY CITY COQNCIL MEETING
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F�tt� ATTENDENCE SHEET
MONDAY �y 2 � , 1990
7:30 P.M.
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FRIDLEY CITY COONCIL MEETING, MAY 21, 1990 Paqe 2
PUBLIC HEARING:
Preliminary Plat, P.S. #90-02,
Michael Servetus 2nd
Addition, by Kate Kemper
and Phyllis Forsberg for
the Michael Servetus
Unitarian Society, Being
a Replat of Outlot A,
Michael Servetus Addition,
to Create Four Separate
Lots, Generally Located
at 980 - 67th Avenue N.E. . . . . . . . . . . . 1 - 10
Vacation, SAV #90-01, by
Kate Kemper and Phyllis
Forsberg for the Michael
Servetus Unitarian Society
to Vacate Oakley Drive
as dedicated in the Plat of
Michael Servetus Addition,
Generally Located West of
980 - 67th Avenue N.E. . . . . . . . . . . . . 2 - 2H
OLD BII$INESB:
Commission Vacancies and Terms
That Will Expire in 1990 for
City Council Consideration . . . . . . . . . . . 3
FRIDLEY CITY COtJNCIL MEBTING, MAY 21, 1990 Paqe 3
NEW BIISINE88:
First Reading of an Ordinance
Under Section 12.06 of
the City Charter Declaring
Certain Real Estate to be
Surplus and Authorizing
the Sale Thereof . . . . . . . . . . . . . . . . 4 - 4K
Preliminary Plat, P.S. #90-02,
Michael Servetus 2nd
Addition, by Kate Kemper
and Phyllis Forsberg for
the Michael Servetus
Unitarian Society, Being
a Replat of Outlot A,
Michael Servetus Addition,
to Create Four Separate
Lots, Generally Located
at 980 - 67th Avenue N.E. . . . . . . . . . . . 1 - 10
Vacation, SAV #90-01, by
Kate Kemper and Phyllis
Forsberg for the Michael
Servetus Unitarian Society
to Vacate Oakley Drive
as Dedicated in the Plat of
Michael Servetus Addition,
Generally Located West of
980 - 67th Avenue N.E. . . . . . . . . . . . . . 2 - 2H
Special Use Permit, SP #90-05,
by tYie Michael Servetus
Unitarian Society . . . . . . . . . . . . . . . . 2.5 - 2.5J
FRIDLEY CITY COUNCIL MEETING, MAY 21, 1990 Paqe 4
NEW BIISINE88 (CONTINOED):
Receive an Item from the
Minutes of the Appeals
Commission Meeting of
May 8, 1990 . . . . . . . . . . . . . . . . . . . 5 - 5T
A. Variance Request, VAR #90-08,
By Cheryl Stinski, to Increase
the Square Footage of a
Free-Standing Sign in a CR-1,
General Office District, from
48 Square Feet to 72 Square
Feet; and to Increase the
Height of a Free-Standing Sign
in a CR-1, General Office
District, from 6 Feet to 12
Feet Above the Finished Grade,
to Al1ow the Construction of a
Free-Standing Sign on Lot 1,
Block 1, Hillwind Addition,
and Part of Lot 3, Auditors
Subdivision No. 25, the Same
Being 941 Hillwind Road N.E.
(Hillwind Office Building).
Receive the Minutes of the
CATV Advisory Commission
Meeting of April 19, 1990 . . . . . . . . . . . . 6 - 6H
Establish a Public Hearing
for June 4, 1990, for a
Rezoning Request, ZOA #90-03,
by Bob's Amoco to Rezone
Lot 1, Block 1, Lampert's
�ddition•from M-1, Light
Industrial, to C-2, General
Business, Generally Located
at 7680 Highway 65 N.E.
(Amoco Oil Service Station) . . . . . . . . . . . 7 - 7I
Approval of 1990 Solid
Waste Abatement Joint
Powers Agreement . . . . . . . . . . . . . . . . 8 - 8H
FRIDLEY CITY COIINCIL MEETING, MAY 21, 1990 Paqe 5
NSW BIISINS$8 (CONTINIIED)s
Change Order No. 1 for
Flanery Park Shelter
Project No. 206 . . . . . . . . . . . . . . . . . 9 - 9B
Change Order No. 1 for
Fire Department
Specification FD 90-1 . . . . . . . . . . . . . . 10 - lOB
Claims . . . . . . . . . . . . . . . . . . . . . 11
Licenses . . . . . . . . . . . . . . . . . . . . 12 - 12E
Estimates . . . . . . . . . . . . . . . . . . . . 13
ADJOIIRN:
�
TH1: MINIITES OF THS FRIDLI9Y CITY COIINCIL MEETING OF
MAY 7� 1990
0
a
THE MINIITES OF THE REGIILAR MEETINa OF T8E FRIDL$Y CITY COIINCIL OF
1�IAY 7, 19 9 0
The Regular Meeting of the Fridley City Council was called to order
at 7:37 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman
Fitzpatrick, Councilman Schneider and
Councilwoman Jorgenson
MEMBERS ABSENT: None
PRESENTATION OF PROCLAMATIONS:
VETERANS' BUDDY POPPY DAY - MAY 11 1990:
Mayor Nee read a proclamation proclaiming May li, 1990 as Veterans'
Buddy Poppy Day in the City of Fridley. He urged the citizens of
Fridley to recognize the merits of this cause by contributing
generously to its support through the purchase of buddy poppies in
appreciation of the sacrifices of the nation's honored dead.
Ms. Maxine Nystrom of VFW Post 363 accepted this proclamation and
introduced the Commander of the VFW, Tod Nessman, and the Buddy
Poppy Queen, Danielle Simmons.
PUBLIC WORKS WEEK - MAY 20 - 26, 1990:
Mayor Nee read a proclamation proclaiming May 20 - 26, 1990 as
Public Works Week. He called upon all citizens and civic
organizations to acquaint themselves with the problems involved in
providing the City's public works and to recognize the
contributions which public works personnel make every day to the
citizens' health, safety, and comfort.
The four Foremen from the City's Public Works Department, Curt
Dahlberg, Don Carrigan, Jim Bates, and Jim Brindley accepted this
proclamation.
OLDER AMERICANS MONTH - MAY. 1990:
Mayor Nee read a proclamation proclaiming the month of May, 1990
as Older Americans Month. He asked all Fridley residents to
recognize the importance of strengthening bonds between all ages
to create a bright vision for the future.
�RIDLEY CITY COIINCIL MEETING OF MAY 7. 1990 PAGE 2
Ms. Corinne Prindle, a representative of the Senior Board, accepted
this proclamation and thanked the Council for all they have done
for the seniors.
APPROVAL OF MINUTES:
COUNCIL MEETING. APRIL 23, 1990:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider 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:
TRAFFIC ON MAIN STREET:
Councilman Fitzpatrick stated there were several persons here this
evening who live on Main Street and wished to comment on the
traffic problems in their area.
Mr. Kevin Rohan, -6705 Main Street, understands that Stylmark is
requesting a variance to expand and his concern is the underground
parking as there is only one entrance and exit to this area. He
felt the quality of the neighborhood would deteriorate.
Mr. Dan Wintersteen, 6661 Main Street, stated there is enough
traffic in the area and they also have buses going down their
streets. He stated the traffic affects the entire neighborhood,
but only fourteen persons received notification of this variance
request by Stylmark. He stated a petition was circulated and
everyone he contacted signed it. He stated they did not want any
additional traffic in their neighborhood as there is only one means
of ingress and egress. He stated he was not in favor of any
parking ramp.
Councilman Fitzpatrick stated the variance request by Stylmark is
on the agenda this evening and residents in the area would have a
chance to address this question when the item is discussed.
VFW PRESENTATION:
Mr. Tod Nessman, Commander of Fridley VFW Post 363, presented a
check for $12,500 to the Fridley Fire Department for the purchase
of new radio equipment.
�RIDLEY CITY COIINCIL MEETINa OF 1dAY 7. 1990 PAGE 3
Mr. Aldrich, Fire Chief, stated some of the Fire Department's radio
equipment is in excess of 23 years old and, with the increasing
demand on the Anoka system, the new equipment will qreatly improve
the Fire Department's communications. He stated he was most
appreciative of this donation by the VFW.
Mayor Nee and the Council members extended their thanks and
appreciation to the VFW for this contribution.
�UBLIC HEARING:
l. ISSUANCE OF AN ON-SALE BEER LICENSE TO WONG'S GOURMET
RESTAURANT AT 1254 EAST MOORE LAKE DRIVE:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the public hearinq
opened at 7:55 p.m.
Mr. Burns, City Manager, stated a background check has been
conducted by the Police Department and they have no objection to
the issuance of this license.
No persons were present to speak regarding this on-sale beer
license.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 7:58 p.m.
Councilman Schneider stated he would like to know the hours of
operation and asked if approval of the license was delayed, if this
would create a problem for the petitioner.
Mr. Burns stated he did not know their timetable as far as the
opening date for the restaurant.
OLD BUSINESS:
2. COMMISSION VACANCIES AND TERMS THAT WILL EXPIRE IN 1990 FOR
CITY COUNCIL CONSIDERATION:
MOTION by Gouncilman Billings to table this item. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
�RIDLEY CITY COIINCIL MESTING OF MAY 7. �990 ___PAGE 4
NFW BUSINESS•
3� �enTttmT[1N 1�ic� 30 1990 AUTHORIZING SIGNING AN AGREEMENT FOR
CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF
QPERATING NGINEERS. LOCAL N0. 49 AFL-CIO (PUBLIC WORKS
MAINTENANCE) FOR 1990:
Mr. Hunt, Assistant to the City Manager, stated last week the
Public Works Maintenance Personnel approved the draft of the labor
agreement for 1990 and it is now submitted for Council's approval.
He stated there are a number of items about this particular
contract which are rather new in this area. He stated the new
aqreement establishes a single classification of Public Services
Worker to replace the previous Maintenance I, II, and III
classifications and also establishes a Mechanics classification.
He stated, basically, in order to reach the top, future Public
Service Workers and Mechanics will need to have the equivalent of
one year of technical college course work plus the highest
appropriate certification in their respective fields. Mr. Hunt
stated this eliminates the two tier system where public works
maintenance workers were working together on the same task and
being paid at different salaries. He stated the agreement also
provides for a probationary period of one year, rather than six
months.
Mr. Hunt stated for the last several years, the public works
maintenance employees have received a smaller increase on their
base in addition to lump sum payments. He stated because of this,
the new contract is estimated to cost the City no more than 3.25
percent over the cost for last year, even though every employee
receives at least a 4 percent increase on the base.
Mr. Hunt stated he thought Fridley will be one of the first to
establish a performance and career track base for public works
employees.
Councilwoman Jorgenson requested clarification of Article XII,
Section 12.2 in reference to legal defense of the employee.
Mr. Hunt stated this section would provide legal defense within
the scope of an employee's employment, but does not mean the City
would pay for negligent acts by public employees. He stated the
key sentence is "when such act is performed in good faith and under
direct order of the employee's supervisor."
MOTION by Councilman Billings to adopt Resolution No. 30-1900.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLBY CITY COIINCIL ME$TINQ OF MAY 7, 1990 PAG$ 5
4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
�PRIL 25, 1990:
A. ESTABLISH PUBLIC HEARING FOR REZONING, ZOA #90-02. BY URBAN
COMMERCIAL DEVELOPERS AND FRIDLEY TOWN S4UARE ASSOCIATES TO
REZONE THREE SEPARATE PARCELS AS FOLLOWS: LOT 9. BIACK 2,
�tICE CREEK TERRACE PLAT 1 FROM R-1, SINGLE FAMILY DWELLING�
TO S-2. REDEVELOPMENT DISTRICT, THE SAME BEING 355 MISSISSIPPI
STREET N.E.; AND LOT 12. BLOCK 3. RICE CREEK TERRACE PLAT 2
FROM R-1. SINGLE FAMILY DWELLING TO S-1, REDEVELOPMENT
DISTRICT, THE SAME BEING 368 66TH AVENUE N.E.: AND LOTS 10.
11 AND 12, BLOCK 2. RICE CREEK TERRACE PLAT 1, EXCEPT THE
SOUTH 30 FEET THEREOF. ACCORDING TO THE RECORDED PLAT THEREOF
ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER,
ANOKA COUNTY MINNESOTA AND LOTS 13 14 15 AND 16 BLOCK 3
R�CE__CREEK TERRACE PLAT 2. ACCORDING TO THE RECORDED PLAT
.�HEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY
RECORDER. ANOKA COUNTY, MINNESOTA, FROM R-1, SINGLE FAMILY
DWELLING, AND C-1. LOCAL BUSINESS, TO S-2, REDEVELOPMENT
�ISTRICT, THE SAME BEING 6525 UNIVERSITY AVENUE N.E.:
MOTION by Councilman Billings to set the public hearing date for
this rezoning, ZOA �90-02, for June 4, 1990. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
B. ESTABLISH PUBLIC HEARING FOR A PRELIMZNARY PLAT REOUEST. P.S.
#90-02. MICHAEL SERVETUS 2ND ADDITION, BY KATE KEMPER FOR THE
MICHAEL SERVETUS UNITARIAN SOCIETY BEING A REPLAT OF OUTLOT
A. MICHAEL SERVETUS ADDITION, TO CREATE FOUR SEPARATE LOTS,
GENERALLY LOCATED AT 980 67TH AVENUE N.E.:
MOTION by Councilman Billings to set the public hearing date for
this preliminary plat, P.S. #90-02, for May 21, 1990. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
C. ESTABLISH PUBLIC HEARING FOR VACATION RE4UEST. SAV #90-01. BY
KATE KEMPER FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY TO
VACATE OAKLEY STREET AS DEDICATED IN THE PLAT OF MICHAEL
SERVETUS ADDITION, GENERALLY LOCATED WEST OF 980 67TH AVENUE
.
. ..
MOTION by Councilman Billings to set the public hearing date for
this vacation, SAV #90-01, for May 21, 1990. Seconded by
Councilman Schneider. Upon a voice vote, aIl voting aye, Mayor Nee
declared the motion carried unanimously.
FRIDL$Y CITY COIINCIL �iE$TINQ O� 1+IAY 7. 1990 PAGE 6
D. RFSOLUTION NO. 31-1990 APPROVING A SUBDIVISION LOT SPLIT
L_s_ ik9o-ol_ TO SPLIT OFF THE SOUTHEASTERLY 92.35 FEET OF LOT
8 BLOCK 2. MOORE LAKE HILLS ADDITION, TO CREATE A SEPARATE
SINGLE FAMILY LOT. GENERALLY LOCATED AT 6065 CENTRAL AVENUE
N•E•
Ms. Dacy, Planning Coordinator, stated this parcel is located
between Central Avenue and Woody Lane. She stated it is 23,000
square feet in size, zoned R-1, and surrounded by R-1 zoning on all
sides. Ms. Dacy stated a home now exists on this parcel with
access from Central Avenue. She stated the petitioner is proposing
to create a separate lot that abuts Woody Lane to construct a new
home on this parcel. She stated the proposed parcel is higher in
elevation than the existing home.
Ms. Dacy stated the petitioner submitted a plan to show how run-
off would be handled. She stated a swale would be constructed
along the south property line and eventually directed to Central
Avenue.
Ms. Dacy stated the Planning Commission recommended approval of
this lot split with five stipulations and amended stipulation No.
3. She stated staff is recommending denial of the lot split as
the new lot line would create a non-conforming rear setback between
the existing structure and lot line. She stated the Planning
Commission acknowledged this non-conforming setback, but felt the
request should be granted as the topography is so different.
Councilman Schneider had a concern about the alignment of the new
home and questioned if property owners to the north and south were
notified of this request.
Ms. Dacy stated these property owners were notified. She stated
the property owners to the north would be able to see the side of
this new home and those to the south would be looking at the side
of the yard and there are a number of trees along this south lot
line.
Councilman Schneider asked the petitioner, Mr. Hanson, if he has
spoken to his neighbors about this request.
Mr. Hanson stated he has contacted all the neighbors that abut the
property and those across the street and none of them had any
objections. He stated the existing home and new home would be
separated by about sixty feet.
Councilman Schneider stated his only concern is the alignment of
the homes and if this would be totally out of line.
Mr. Hanson stated he had the same concern, but has had absolutely
no negative comments from those whom he contacted.
�RIDLSY CITY COIINCIL ME$TINa OF MAY 7. 1990 — PAGE 7
Mr. Flora, Public Works Director, presented an aerial photo of this
area and all homes have different setbacks.
MOTION by Councilman Schneider to adopt Resolution No. 31-1990 with
the five stipulations attached as Exhibit A. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to receive the minutes of the
Planning Commission Meeting of April 25, 1990. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
5. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION
MEETING OF MAY 1. 1990:
A. VARIANCE RE4UEST VAR #90 07 TO REDUCE THE RE4UIRED SETBACK
FROM A RIGHT OF WAY ABUTTING A RESIDENTIAL DISTRICT FROM 100
FEE TO 37 FEET AND 41.9 FEET• AND TO REDUCE THE SETBACK
BETWEEN A PARKING AREA AND A MAIN BUILDING FROM 5 FEET TO 0
FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL OFFICE SPACE IN
�ONJUNCTION WITH A GENERAL OVERALL BUILDING EXPANSION PROJECT.
ON LOTS 2 THROUGH 10 BLOCK 6 RICE CREEK PLAZA SOUTH
�DDITION AND LOT 20 BLOCK 5 IAWELL ADDITION THE SAME BEING
6536 MAIN STREET N E BY STYLMARK INC.:
Ms. Dacy, Planning Coordinator, stated this a request for two
variances for property located to the west of Main Street and north
of Mississippi Street. She stated the property is zoned M-1 with
R-1 and R-3 property to the east.
Ms. Dacy stated one variance is to reduce the one hundred foot
front yard setback to allow construction of a 60 by 96 foot
addition onto the existing building. She stated the proposed
encroachment would be 41.9 feet and, at one point, the request is
to go to 37 feet for an architectural feature around the entry into
the offices. She stated the other variance is to reduce the
required five foot separation between a parking area and the wall
of the building to zero feet.
Ms. Dacy stated the petitioner is proposing to add a receiving
area, an office area, and to extend their shipping and
manufacturing area.
Ms. Dacy stated the Appeals Commission recommended approval of both
the variances with six stipulations for the front yard variance and
one stipulation on the variance pertaining to the separation of the
wall and parking area. She stated some concerns were traffic, the
issue of property values, and the company's ability to expand in
the future.
FRiDLEY CZTY COONCIL ME$TINQ OF MAY 7. 1990 PAGE 8
Ms. Dacy stated the City Assessor was contacted regarding the
property value issue and he advised that the current value of the
homes along Main Street already reflect the existence of the
industrial zoning. She stated the Assessor advised he had no plans
to change the values as a result of this proposed expansion.
Ms. Dacy stated in regard to any expansion of Stylmark's facility,
lot coverage requirements have to be met, property reserved for
parking if additional parking was required, and a permit needed
from the Rice Creek Watershed District regarding storm water
management. She felt the Watershed District may require an on-site
retention pond.
Ms. Dacy stated the neighborhood requested traffic counts of this
intersection at 2nd and Mississippi Streets. She stated these
traffic counts were done last Wednesday and this afternoon. She
stated the best time to obtain these counts was between 3:30 and
5:30 p.m. at the peak periods. She stated the traffic count
involved three different traffic movements; neighborhood traffic
using 2nd Street; traffic that enters on 2nd Street and uses the
frontage road to go onto Main Street; and traffic from the Fridley
Bus Company which uses 2nd Street and the frontage road.
Ms . Dacy stated neighborhood traf f ic peaks around 5 p. m. were about
35 cars. She stated the Stylmark traffic or traffic attributable
to Main Street had 51 cars leaving at 5 p.m. within a five minute
time period. She stated the Fridley Bus Company traffic peaks at
4:30 p.m. and gradually declines to 4:45 p.m.
Councilman Fitzpatrick stated this intersection has been discussed
many times in conjunction with development plans for the southwest
quadrant of University and Mississippi. He stated with no concrete
plans, the problem has not been dealt with at this time.
Mr. Brink, the petitioner, stated more office space is needed for
their present employees and their plans did not involve hiring more
employees. He stated their plan is to install underground parking
and over sixty percent of the asphalt would be removed. Mr. Brink
stated all the shipping will be moved from the north to the west
and the entire north addition will have underground parking. He
stated the entry and exit onto Main Street will also be moved
further to the north.
Mr. Wintersteen, 6661 Main Street, felt Stylmark is going too far
with this expansion. He stated he did not object to the other
variances, but the park and playground is directly across the
street from where the traffic will exit from the underground
parking garage. He stated the other exit will be near the
apartment complex. He felt Stylmark should not be allowed to
install an underground parking facility.
FRIDL$Y CZTY COQNCIL MS$TINa OF MAY 7. 1990 pAa�
Councilman Fitzpatriak stated he believed the residents'
frustration is with the traffic and it is unfortunate this problem
has not been solved.
Ms. Dacy stated the petitioner indicated he would be willing to
limit access and exit from the west side or from the service road.
Mr. Brink stated factory workers could access from the back and the
parking in front could be used by office workers and visitors. He
stated with construction of an underqround parking ramp, the
parking in front will actually be reduced.
Mr. Wintersteen stated he did not want any traffic coming onto Main
Street.
Councilman Schneider stated there are now 35 parking spaces and
these vehicles access onto Main Street and after the construction,
there would be less parking spaces in the front.
Councilman Billings asked Mr. Wintersteen if he had a problem with
the expansion or with the underground parking.
Mr. Wintersteen stated he just did not want all the traffic on Main
Street as they would be exiting by some resident's driveway.
Councilman Billings stated the question before the Council is not
the construction of the warehouse with underground parking, but
whether to allow a variance to expand the office space.
Mr. Gary Martel stated he lives across the street and has no
problem with the factory. He stated he understands Mr. Brink is
just trying to move his parking underground and it would not change
the traffic flow.
Mr. Rohan, 6705 Main Street, stated the flow of traffic would
change because the exits would be further down the block. He
stated he was also concerned about the drainage pond and if it
would be fenced.
Mr. Brink stated his contractor is working with the Rice Creek
Watershed District and the City on this issue and they would comply
with whatever requirements were necessary.
Mr. Rohan felt a pond is a hazard for children in the area.
Mr. Flora, Public Works Director, stated he has not seen the plan
for the detention pond, but they are not usually fenced. He stated
the purpose of the pond is to receive rain water to be held for a
short period of time. He stated these ponds are usually dry within
four to six hours after a rainstorm.
RIDLBY C TY COtTNCIL MEE IN(i OF 1sAY 990 PAGE 0
Mr. Herrick, City Attorney, stated often this retention pond
consists of part of the green area that could hold six to twelve
inches of water for a short period of time or a depression in the
parking lot to allow a few inches of water to stand. He stated
they are not talking about a big or deep pond.
Mr. Rohan stated if a pond is necessary, he would like to be
notified so he knaws what is going to be done.
Mrviewi b C ty staf f� and then toabel sub ittedeto the hR ce eCreek
re Y
Watershed District.
Councilman Billinqs asked Mr. Rohan if he was opposed to the
expansion of the office space.
Mr. Rohan stated at this time, he was opposed.
Councilman Billings stated if the variance is not approved, Mr.
Brink could still build the warehouse facility and install the
driveways as shown on the plan.
Councilman Billings asked Mr. Rohan if he felt the expansion of the
office space would create additional traffic in the neighborhood.
Mr. Rohan stated there would
seems no consideration was
issue has to be addressed.
be new employees and more cars and it
given to the traffic. He felt this
Councilman Fitzpatrick stated the real problem is the traffic, but
felt the variance request would not affect the traffic situation.
He stated there are a lot of problems associated with Mississippi
Street and the southwest quadrant and he sympathizes with the
residents regarding the traffic problem.
Mr. Bruce Lundberg, 230 Rice Creek Terrace, stated he had no
objections to the variance. He stated he is concerned with the
traffic and the bottleneck at 2nd Street. He urged the Council to
try and find a solution to the problem at this intersection.
MOTION by Councilman Fitzpatrick to grant that portion of variance
request, VAR #9�-07, to reduce the required setback from a right-
of-way abutting a residential district from 100 feet to 37 feet and
41.9 feet, with the following stipulations: (1) the petitioner
shall submit drainage calculations and a grading and drainage plan
prior to the issuance of a building permit. If necessary, the
petitioner shall receive a permit from the Rice Creek Watershed
District prior to issuance of a building permit; (2) the new
parking area along Main Street shall be lined with concrete curb;
(3) the building additions shall be handicapped accessible; (4) the
petitioner shall review with the Fire and Building Inspectors the
required fire protection sprinkler systems and comply with their
�RZDL$Y CITY COZJNCIL MESTINO OF l�lY 7. 1990 PAG$ ti
requirements; (5) the petitioner shall submit a landscaping plan
indicating a continuous 3 foot screen between the parking area and
Main Street; and (6) adequate area to the north of the addition
shall be reserved for a 27 car parking area. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to deny that portion of variance
request, VAR #90-07, to reduce the setback between a parking area
and a main building from 5 feet to 0 feet. Seconded by Councilman
Billinqs.
Mr. Brink stated the reason for the five foot berm is to keep the
cars from hitting the buildinq. He stated he would like to have
something less than five feet in order to have two lanes of
parking.
Ms. Dacy stated the driving aisle is about twenty feet wide and the
code only requires eighteen feet.
Councilman Fitzpatrick felt there was some solution that could be
worked out.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
6. APPROVAL OF INDEMNIFICATION AGREEMENT FOR BIKEWAY/WALKWAY
EASEMENT ON TARGET WAREHOUSE PROPERTY:
MOTION by Councilman Billings to approve the indemnification
agreement for a bikeway/walkway easement on the Target Warehouse
property and authorize the Mayor and City Manager to execute the
agreement. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
7. APPROVAL OF EASEMENT AGREEMENT FOR BIKEWAY/WALKWAY TO CROSS
M.T. PROPERTIES EASEMENT:
MoTION by Councilman Billings to approve the easement agreement to
allow a bikeway/walkway to cross M.T. Properties' easement and
authorize the Mayor and City Manager to execute the aqreement.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
8. �tE��iV� D1Lj e�i:L ;��.i ^.^a':�':°�rm Fnu FT.ANF.RY PARK SHELTER,
PROJECT NO. 206:
MOTION by Councilman Schneider to receive the following bids for
the Flanery Park Shelter, Project No. 206:
FRIDLEY CITY COIINCIL KBETINQ O Y 7 990 PAGS 12
'dder
Rarlen Construction
901 - 125th Avenue NE
Blaine, 1�1 55434
Alt. 1 Alt. 2
$4,869
Earl Weikle
2514 - 24th
Minneapolis,
$6,097
$71,072
& sons
Avenue South
MN 55406
Alt. 3 Alt. 4
$ 820 $1,025
($9,265) $1,192
Johnco Buildings, Inc.
6729 West Shadow Lake Drive
Lino Lakes, MN 55014
$5,550 $82,350 $1,200
Morcon Construction, Inc.
5905 Golden Valley Road
Golden Valley, 1�II1 55422
$4,900 $ 2,500
Cedar Forest Products Co.
P. O. Box 98
Polo, IL 61064
$23,000
$1,200
Si,2so
$ ?00
$3,200
Base Bid
$87,831.00
(Materials &
Construction)
Alt. 5
$769
S5oo
$700
$840
$400
$93,653.00
Materials &
Construction)
$95,491.00
(Materials &
Construction)
$95,700.00
(Materials &
Construction)
$39,000.00
(Materials)
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Kirk, Director of Recreation & Natural Resources, stated five
bids were received for the Flanery Park Shelter. He stated the low
bidder was Karlen Construction at a cost of $87,831.00. He stated
$80,000 was budgeted for this shelter so the project is over the
budgeted amount by $7,831.00.
Mr. Kirk stated as an alternate, a bid was requested for burnished
block anticipating it would be higher than a wood structure. He
stated this was not the case, however, and the burnished block
would be more economical at a cost of $75,941.00. He stated since
the Parks and Recreation Commission supported a wood structure, he
has contacted all the Commission members and they support a
burnished block structure because of the reduced cost and it would
FRIDLBY CITY COIINCIL ME$TINQ OF 1SAY 7. 1990 PAG$ 13
be less susceptible to vandalism. He stated they would like the
burnished block to be more of a wood color to match the beams in
the structure.
Mr. Rirk stated he would recommend the Council consider awarding
the contract for construction of this shelter to the low bidder,
Karlen Construction for Alternate 1(water and sewer installation)
and Alternate 2(burnished block) for a total of $75,941.00. He
stated Alternates 3, 4, and 5 have not been included which involved
an exterior drinking fountain, installation of expanded metal
window protectors, and installation of a second steel door with
lock.
Councilwoman Jorgenson felt the metal window protectors were
needed, as well as the drinking fountain. She stated she wanted
to make sure this facility is as vandal-proof as possible.
Councilman Schneider asked if the window protectors could be added
at some future date.
Mr. Kirk stated he believed they could and it is possible that City
employees could complete this work. He stated the additional door
is not required for the size of the building.
MOTZON by Councilman Schneider to award the contract for the
Flanery Park Shelter, Project No. 206 to the low bidder, Karlen
Construction for Alternate 1, $4,859.00; Alternate 2, $71,072.00;
and Alternate 3, $820.00 or a total bid of $76,761.00. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
9. RESOLUTION NO 32-1990 ORDERING IMPROVEMENT, APPROVAL OF PLANS
AND ORDERING ADVERTISEMENT FOR BIDS: ONONDAGA STREET STORM
SEWER REPAIR PROJECT NO. 209:
MOTION by Councilman Schneider to adopt Resolution No. 32-1990.
Seconded by Cauncilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
10. �PPROVAL OF POLICY FOR USE OF PUBLIC MEETING PLACES IN THE
FRIDLEY MUNICIPAL CENTER:
Mr. Hunt, Assistant to the City Manager, presented this policy for
use of public meeting places in the Fridley Municipal Center.
Councilman Schneider stated he assumed a political party would come
under the definition of a non-profit organization and felt this
should be added under Section B-7.
MOTION by Councilman Schneider to approve this policy for the use
of public meeting places in the Fridley Municipal Center with the
amendment to Section B-7 to add the word "political" after
FRIDL$Y CITY COIINCIL MEETINQ OF MAY 7. 1990 PAG$ 14
nrecreational". Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
11. �LAIMS•
MOTION by Councilman Fitzpatrick to authorize payment of Claims No.
31777 through 31992. Seconded by Councilman Billings. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
12. LICENSES:
MOTION by Councilman Schneider to approve the licenses as submitted
and as on file in the License Clerk's Office, with the exception
of the food license for the '49ers. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
WAIVE FEE FOR BIAODMOBILE SIGN AT FRIDLEY UNITED METHODIST CHURCH:
MOTION by Councilman Fitzpatrick to waive the fee far the
bloodmobile sign at Fridley United Methodist Church, May 22, 1990.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13. ESTIMAT�S• �
MoTION by Councilman Billings to approve the estimates as
submitted:
Herrick & Newman
205 Fridley Plaza Office Bldg.
6401 University Avenue N.E.
Fridley, I�IId 55432
Services Rendered as City Attorney
for the Month of April, 1990 . . . . . . . . $ 4,117.00
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Bldg.
6401 University Avenue N.E.
Fridley, NIIJ 55432
Services Rendered as City Prosecuting
Attorney for the Month of February, 1990 ..$ 9,602.00
FRIDL$Y CITY COIINCIL ME$TING OF l[AY 7. 1990 PAG$ 15
HNTB
6700 France Avenue South
Suite 260
Minneapolis, NIIJ 55435
Desiqn of 1.5 MG Elevated Reservoir
at Locke Park, Project No. 196
FINAL $STIMAT$ . . . . . . . . . . . . . . . $ 3,900.00
Hruce A. Liesch Associates, Inc.
3020 Harbor Lane
Minneapolis, 1rIId 55447
Water Quality Study
Project No. 195
(Hydrogeologic Analyses)
FINAL ESTIMATE . . . . . . . . . . . . . . . $ 4,108. 39
Mark Traut Wells
151 - 72nd Avenue South
St. Cloud, MN 56301
Repair and Maintenance of
Well No. 5, Project
No. 198
FINAL ESTIMATE . . . . . . . . . . . . . . . $31,918.00
TMI Coatinqs, Inc.
2805 Dodd Road
St. Paul, IrIIJ 55121
1.5 MG Concrete Reservoir
Repair Project Na. 193
(53rd Avenue & Johnson)
(Contractor)
FINAL ESTIMATE . . . . . . . . . . . . . . . $ l, 592 . 00
Gammon Brothers, Inc.
13845 Northdale Boulevard
Rogers, MN 55374
Street Impravement Project
No. ST. 1989 - 1& 2
Estimate No. 13 . . . . . . . . . . . . . . . $10,156. 07
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
�RIDLEY CZTY COIINCIL MEETING OF MAY 7. 1990 PAGE 16
�DJOURNMENT:
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of May 7, 1990 adjourned at
9:54 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
�
�
unroF
F���
DATE:
TO:
FROM:
SUBJECT:
CC�1�ItMUNITY DEVELOPMENT
DEPARTMENT
M EMO RAN D UM
May 17, 1990 �� •
William Burns, City Manager m�
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Public Hearing for P.S. #90-02, Michael
Servetus Second Addition�
Attached is the staff report for the above-referenced preliminary
plat, P.S. #90-02, by the Michael Servetus Unitarian Society. The
Subdivision Ordinance requires that the City Council conduct a
public hearing. The City Council should conduct the public hearing
as required.
BD/dn
M-90-346
�
� 1A
� STAFF REPORT
���s oaTE
CITY OF PLAMwV(` COtvhhSSION DATE : Apr i 1 2 S, I 9 9 0
FR! DLEY crr,r c�ou�c� oA� : May 7, 19 9 0 �T�pq MM/ dn
REQUEST
PERMIT NUMBER
APPLICANT
' PROPOSED REQUEST
LOCATION
S17E DQTA
SIZE
DENSiTY
PRESENT ZONING
ADJACENT LAND USES
�i Z��
�E$
PARK DEDICATION
ANALYSIS
FNVANCIAL IMPLICATIONS
CONFORMANCE TO
COMPREFENSNE PLAN
COMPATB�ITY WRH
ADJACENT USES & ZONNG
ENVIRONMENTAL
CONS�ERATIONS
STAFF RECOMMEt+�ATION
APPEALS RECOMMENDATiON
PLANN�IG COMMISSION
RECC�NAENDATiON
�
P.S. ��90-02
Kate Kemper and Phyllis Forsberg for the Michael Servetus
Unitarian Society
To replat Outlot A, Michael Servetus Addition, into four
lots; three of which are single family residential lots.
980 - 67th Avenue N.E.
75,375 square feet t
1.7 units per acre
R-I, Single Family D��ellin�
R-1, Single Family D�oellin�, to the north, east, south,
and west
Watermain needs to be looped under Oakley Street extension;
sewer, water, and 67th Avenue extension will need to be
constructed.
$4,500 to be paid at time of building permit
Yes
Yes
Existing peat deposits in location of building pads
Apgroval
Approval
�?
Staff Report
P.S. #90-02, Michael Servetus 2nd Addition
Page 2
Request
Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian
Society are requesting that Outlot A, Michael Servetus 2nd Addition
be replatted. This replat would create four lots, three of which
would be for single family residential use.
Site
The site is addressed as 980 - 67th Avenue N.E. and is located near
what would be the 67th Avenue and Oakley Drive intersection if 67th
Avenue and Oakley Drive were extended. The Michael Servetus
Unitarian Society church is located at the southeast corner of
Outlot A, and the existing church parking lot is located in the
area of Lot 1 of the proposed pZat. In addition, the Unitarian
Society is applying for a special use permit for the expansion of
the church building and the City of Fridley is vacating the portion
of the Oakley Drive that was dedicated in the Michael Servetus
Addition in 1973.
Analysis
The following issues need to be evaluated to determine if they meet
the requirements of the subdivision code:
1. Traffic issues
2. The design of the lots
3. Utilities
4. General site conditions
Traffic
The proposed plat would require that 67th Avenue be extended
further to the west within the right-of-way which was dedicated
with the Michael Servetus Addition. This extension would maintain
the existing 67th Avenue alignment. The City, at the time of
plats, has the option of reserving right-of-way for future streets,
and for the future extension of existing streets. In this
instance, the City is requesting a 60 foot right-of-way be
dedicated along the west property line of the proposed plat. The
Minnesota Department of Transportation has long-range plans to
upgrade Trunk Highway 65. These plans include closing the median
crossings at 63rd Avenue and 73 1/2 Avenue, and intersection
improvements (i.e. signalization upgrade) at Mississippi Street and
73rd Avenue. The Mississippi Street improvements include
installing a median which would prevent access from Brookview
1C
Staff Report
P.S. #90-02, Michael Servetus 2nd Addition
Page 3
Terrace east bound onto Mississippi Street. By reserving the
Oakley Drive right-of-way, the City will be able to provide an
additional means of access to the neighborhood.
The extension of Oakley Drive and connection to 67th Avenue would
serve three purposes:
1. Provide two means of access into and out of the neighborhood,
especially in emergency situations where one street becomes
blocked.
2. Provide easier maintenance. A through street is easier to
plow than two cul-de-sac roads.
3. It would complete the overall traffic pattern in the
neighborhood.
First Western Development has proposed Meadowlands Park as a
potential wetland mitigation site (see attached site plan). This
is required in order for them to receive an Army Corps of Engineers
permit to develop a shopping center at 85th Avenue and University
Avenue. There are several wetlands at that site. The proposed
high water mark for the wetland development at Meadowlands Park
will be approximately 35 feet from the west Oakley Drive right-of-
way line. Should the City Council, at some future point in time,
decide not to extend Oakley Drive, the right-of-way could be
vacated. The right-of-way, with an additional 15 feet from the
park land, could be used to create an additional lot west of the
proposed three lots.
Prior to the Oakley Drive extension, the remaining cul-de-sacs of
67th Avenue and Oakley Drive would meet the subdivision code as
they will be less than a maximum 600 foot length for cul-de-sac
streets. The existing Oakley Drive will be extended an additional
50 feet to provide access to the newly relocated entrance for the
Michael Servetus Unitarian Society church. �
Lots
There will be four Iots created within the Michael Servetus 2nd
Addition. Three of these lots will be for single family
residential use. These three lots meet the minimum lot size of
9,000 square feet (they are 9,375 square feet). They also meet the
minimum lot width of 75 feet. In addition, utility and drainage
easements have been dedicated along all four property lines of the
three proposed lots. These easements will accommodate any future
needs for utility placement and/or drainage needs.
11,J
Staff Report
P.S. #90-02, Michael Servetus 2nd Addition
Page 4
The fourth lot is approximately 47, 250 square feet and will be used
for the church building expansion. All of the proposed lots are
laid out at 90 degree angles to both the 67th Avenue and Oakley
Drive right-of-ways, as is required in the subdivision code. This
lot also has drainage and utility easements dedicated along all
four property lines. This lot meets the minimum lot size of 15,000
square feet for churches which is required in the CR-1 District
regulations.
IItilities
In addition to this plat, the petitioner will be required to
petition for the utility and street projects. The City will be
completing the loop for the six inch water main within the Oakley
Drive and 67th Avenue right-of-ways. Looping the water main
prevents stagnant water from collecting at the end of a line, and
allows any area to be fed from two directions. The extension of
67th Avenue provides access to the three proposed lots and four
lots which were platted in the Michael Servetus Addition.
Soils
outlot A contains highly peaty soils. From soil borings taken in
1958 and 1967, there appears to be anywhere from two to five feet
of peat scattered throughout the proposed plat area. The City does
require that soil correction measures be taken in those areas where
building pads and building foundations will occur. Staff is
recommending that restrictive covenants be filed against proposed
Lots 1, 2, and 3, Michael Servetus 2nd Addition, in order that any
future buyers of these lots will be aware of the existing peat and
the potential higher expense of construction.
Recommendation and Stipulations
Staff recommends that the Planning Commission recommend approval
of the plat request, P.S. #90-02, to replat Outlot A, Michael
Servetus Addition into four lots, with the following stipulations:
1. A park fee of $1,500 per lot for three residential lots shall
be paid at the time of building permit ($4,500 total).
2.
3.
The petitioner shall petition for the proposed improvements
(67th Avenue extension, water main loop, sewer extension).
The vacation request, SAV #90-01, be approved.
4. Restrictive covenants regarding the need for soil correction
shall be recorded against Lots 1, 2, and 3, Block 1, Michael
Servetus 2nd Addition.
Q�
Staff Report
P.S. #90-02, Michael Servetus 2nd Addition
Page 5
PLANNING COMMISSION ACTION
The Planning Commission voted to delete stipulation #3 in their
recommendation to recommend approval of the plat request to the
City Council. The stipulations for approval of the plat request
are as follows:
1. A park fee of $1,500 per lot for three residential lots shall
be paid at the time of building permit ($4,500 total).
2. The petitioner shall petition for the proposed improvements
(67th Avenue extension, water main loop, sewer extension).
3. Restrictive covenants regarding the need for soil correction
shall be recorded against Lots 1, 2, and 3, Block 1, Michael
Servetus 2nd Addition.
STAFF UPDATE
As a result of the Planning Commission meeting, the petitioner has
submitted an alternative plat (labeled in the attachments as Plan
B). The alternative consists of reserving a 60 foot wide outlot
between 67th Avenue and the Oakley cul-de-sac rather than a 60 foot
dedicated right-of-way. Secondly, Plan B would also contain a stub
water line in 67th Avenue rather than the proposal for a water main
loop to the water main in Oakley Drive. Third, instead of
extending Oakley Drive 50 feet, the petitioner would construct a
two lane driveway to the existing pavement in Oakley Drive.
The petitioner submitted this option in response to the surrounding
neighborhood concerns regarding the potential for connection of
Oakley Drive to 67th Avenue. However, staff maintains its original
recommendation of approval of the original submitted plat. The
right-of-way dedication merely reserves the City's right to decide
whether or not the two streets should be connected. The City also
retains the right to vacate the right-of-way at a future point in
time. Second, we recommend that the water line from 67th Avenue
be connected to Oakley Drive.
If Plan B is approved by the City Council, staff recommends that
the plat be conditioned upon a legal document being recorded
against the lots agreeing to hold the City harmless for poor water
taste or odor. Further, a ten foot utility easement should be
reserved along the eastezly edge of the outlot.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council approve the preliminary
plat, subject to the following four stipulations:
1F
Staff Report
P.S. #90-02, Michael Servetus 2nd Addition
Page 6
1. A park fee of $1,500 per lot for three residential lots shall
be paid at the time of building permit ($4,500 total).
2. The petitioner shall petition for the proposed improvements
(67th Avenue extension, water main loop, sewer extension).
3. The vacation request, SAV #90-01, be approved.
4. Restrictive covenants regarding the need for soil correction
shall be recorded against Lots 1, 2, and 3, Block 1, Michael
Servetus 2nd Addition.
Despite the fact that the Planning Commission recommended approval
of the plat, they deleted stipulation #3 which required the
approval of the vacation. Because staff is recommending that the
vacation request also be approved, staff recommends the Gity
Council reinstate this original stipulation (see vacation staff
report).
P.S. ��90-02
Michael Servetus
.
1�
N //2 SEC.
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C0�1/1MUNITY DEVELOPMENT
DEPARTMENT
MEMORANDLIM
DATE: May 17, 1990 � � •
TO: William Burns, City Manager�•
FROM:
SUBJECT:
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Public Hearing for Vacation, SAV #90-01,
Michael Servetus Unitarian Society
Attached is the staff report for the above-referenced request. The
ordinance requires that the City Council hold a public hearing for
the vacation request. Staff recommends that the City Council
conduct the public hearing for this vacation request.
BD/dn
M-90-347
2
� 2A
t STAFF REP4RT
APPEALS DATE
C�N � PLAt�N�K' COt��MSSION DATE : Apri 1 Zs , 1990
F[ZlDLE.Y crr�r cou�,c� oA-r� : May 7, 1990 �Hpq MM/dn
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZ E
DENSITY
PRESENT ZONING
ADJACENT LAND USES
$� Z�i�
�ES
PARK DEDICATION
ANALYStS
F�IANCIAL IMPL.ICATIONS
CONFORMANCE TO
COMPREifNSNE PLMI
COMPAT�ILITY WITH
ADJACENT USES 8 ZONNG
ENVIRONMENTAL
C►vNSIDERATfONS
STAFF RECOMMEPDATION
APPEALS RECOMMENDATION
PLANN�VG COMMISSION
RECONMAENDATION
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SAV 4r�9Q-01
City of Fridley
To vacate the existing Oalcley Street within the
Michael Servetus Addition.
R-1, Single Family Dwelling
R-1, Single Family Dwelling to the north, south,
east, and west
Yes
Yes
N/A
Approval
Denial
2B
Staff Report
SAV #90-01, City of Fridley
Page 2
Request
The City of Fridley is proposing to vacate the existing Oakley
Street which is dedicated in Outlot A, Michael Servetus Addition.
This vacation is related to the proposed preliminary plat request,
P.S. �90-02, by Kate Kemper and Phyllis Forsberg for the Michael
Servetus Unitarian Society.
Site
The dedicated Oakley Street is currently in the shape of a cul-de-
sac "bubble" and is located in the southwest corner of Outlot A
(see preliminary plat map). Located on Outlot A is the existing
Michael Servetus Unitarian Church which is addressed as 980 - 67th
Avenue.
Analysis
The City is requesting this vacation, as the Michael Servetus 2nd
Addition preliminary plat proposes a 60 foot right-of-way to be
dedicated to the City of Fridley in order to reserve the right to
extend Oakley Street to 67th Avenue. By vacating the existing
Oakley Street "bubble", the additional right-of-way east of the
proposed east right-of-way line of the proposed Oakley Street
dedication will be "returned" to Outlot A and will be able to be
used by the Unitarian Society as part of its lot.
Recommendation and Stipulations
Staff recommends that the Planning Commission recommend approval
of this vacation request, SAV #90-01, to vacate the existing Oakley
Street in Outlot A, Michael Servetus Addition. It will be
necessary for the City to record the ordinance vacating Oakley
Street prior to the Michael Servetus Unitarian Society filing the
final plat.
PLANNING COMMISSION ACTION
The Planning Commission voted unanimously to deny the vacation
request. The Planning Commission wanted to ensure that the church
would have legal access to their property, should the plat not be
approved with the dedicated right-of-way between Oakley Drive and
67th Avenue.
STAFF UPDATE
As a result of the Planning Commission's recommendation to deny the
vacation request, the petitioner has submitted an alternative
option which is labeled as "Plan B" within the packet. Plan B
includes a realignment of the church's proposed parking lot to
rt�
Staff Report
SAV #90-01, City of Fridley
Page 3
accommodate the bubble of the Oakley Drive right-of-way. As was
mentioned in the plat staff report, Plan B proposes that the church
will construct a two lane driveway to the existing pavement edge
in 0akley Drive, and that the 60 foot dedicated right-of-way be
changed to an outlot.
Staff maintains its original recommendation to approve the vacation
request subject to approval of the preliminary plat creating a
dedicated right-of-way from the edge of Oakley Drive to 67th
Avenue.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council recommend approval of the
vacation request subject to the following stipulation:
1. Approval of preliminary plat request, P.S. #90-02.
•'►CO�MfA l LLJ
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SAV �i90-01
City of Fridley
N �/2 SEC.
C/TY OF
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PLAN B
I
COMMISSION VACANCIE$ AND TERMS
THAT WII,L E%PIRE IN 1990
FOR CITY COIINCIL CONSIDERATION
CORRENT MEMBER
Planninq Commission
At Large - Vacant
Environmental �uality
and Enerqy Commission
Vacant
(Wayne Wellan resigned.)
TERM
E%PIRES
4-1-93
4-1-90
Human Resources Commission
�'aul Westby 4-1-90
666 Kimball Street
(H) 780-4326 {B) 571-1345
APPOINTEE
3
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SAV 4I90-01
City of Fridley
I,f Oaklay dedication is denied I)}���� �"a
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HSUS will provide lane to blackt� p
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PLAN B
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DATE:
TO:
C011l.IMUNtTY DEVEL�PMENT
DEPART'NtENT
NtEMORANDUM
May 21, 1990
William Burns, City Manager
FROM: Jack Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT:
Special Use Permit, SP #90-05, by the Michael
Servetus Unitarian Society
Attached is the staff report for the above-referenced request. The
Planning Commission voted unanimously to recommend approval of the
request with the following stipulations:
1.
2.
A grading plan shall be submitted prior to the issuance of a
building permit.
A revised landscape plan shall be submitted prior to the
issuance of a building permit.
3. The site plan be modified to reflect the requirements for
parking setbacks and number of parking stalls as required by
City Code.
Stipulation #3 was added when the Planning Commission voted to deny
the vacation request, SAV #90-01.
Staff recominends that the City Council concur with the Planning
Commission action and approve the request.
MM/dn
M-90-302
2.5
� 2.5A
� STAFF REPORT
APPEALS DATE
C''� � �LAi��(a CpMv�SS10N DATE : Apr i 1 25 , 19 9 0
f R! DLEY cmr c:ou�c� �A� : May 2-1, 1990 AuT►�OR 1�Il�i dn
REQUEST
PERMtT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
P�RESENT ZONING
�1DJACENT LAND USES
� Z�%ii�
��$
PARK DEDICATION
ANALYSIS
FNVANCIAL IMPLICATIONS
CONFORMANCE TO
COMPREI-ENSNE PLAN
COMPATBILITY WITH
A�JACENT USES E� ZONNG
ENVq�ONMENTAL
C;ONSIDERATIONS
STAFF RECOMMEI�ATlON
APPEALS RECOMMENDATION
pLANN�VG COMMtSS10N
. REC.ONNAENDATION
SP ��90-OS
Kate Kemper and Phyllis Forsberg for the Michael Servetus
Unitarian Society
Special use permit is required under the R-1 zoning
district for the church expansion
980 - 67th Avenue N.E.
R-], Single Family Dwelling
R-1, Single Family Dwelling to the north, south, east,
and west
on site
N/A
Yes
Yes
Approval
Approval
2.5B
Staff Report
SP #90-05, Kate Kemper
Page 2
Request
Kate Kemper and Phyllis Forsberg are requesting that a special use
permit be granted in order to expand the Michael Servetus Unitarian
Church which is located at 980 - 67th Avenue N.E., the same being
Outlot A, Michael Servetus Addition. A special use permit is
required under the R-1 single family zoning district requirements
to expand a church.
Site
Located on Outlot A is the existing church, a gravel parking lot,
and a small bituminous pathway connecting the parking lot to the
church. The sanctuary of the church rests atop a low, one story
building which is set back into a hill, and which serves as a
fellowship hall and Sunday School. The sanctuary is approximately
100 years old and considered to be a historic building by Anoka
County. The sanctuary was moved approximately 22 years ago from
a lot on East River Road, located north of the Christensen Auto
Body building. The Michael Servetus Unitarian Society church
cemetery is located to the north and east of the Christensen Auto
Body location.
Analysis �
As part of this request, the petitioner has also requested that
Outlot A be platted into four lots. The City is in the process of
vacating Oakley Street that was dedicated in the Michael Servetus
Addition. The petitioner is proposing to relocate the sanctuary
from atop the building to a Iocation at grade, build a second story
addition on top of the existing fellowship hall which will serve
to provide Sunday School classrooms and offices for the church, and
build a small addition to connect the sanctuary to the fellowship
hall. In addition, the Unitarian Society will be constructing an
L-shaped parking lot to the north and west of these buildings, and
will relocate the entrance into the church from 67th Avenue to
Oakley Drive. The City will extend Oakley Drive an additional 50
feet to provide access to the church. It is the hope of the
Unitarian Society that this remodeling and expansion will upgrade
the facility and provide a better face to the neighborhood.
The Police Department has worked with the Unitarian Society in
reducing the number of teenagers visiting the church on Friday and
Saturday nights to see if the "devil's church" rumors are true.
The relocation of the entrance of the church from 67th Avenue to
Oakley Drive will have an impact on the adjacent neighborhood.
Currently, six houses along 67th Avenue are impacted by the traffic
of the church. Once the driveway has been relocated to Oakley
Drive, there will be ten houses that will be impacted by this same
2.5C
Staff Report
SP #90-05, Kate Kemper
Page 3
traffic. This church is also located within a neighborhood, not
at the edge of a neighborhood on a major collector or arterial
street as are a majority of other churches in the area. The
petitioner has indicated that unlike those churches that are
located on arterial streets and have large memberships (Grace
Evangelical church is a good example; it is located on 73rd Avenue,
and has approximately 200 members), this church has approximately
43 members. The service on Sunday at 10:30 a.m. is attended by
approximately 2/3 of their members generating a parking demand and
of approximately 30 cars. The current sanctuary seats 54, and
after the expansion, it will seat 84.
Other activities of the church include some week day evening
meetings at which approximately two to three cars would be using
the parking lot. The Society has rented their facility in the past
for weddings during the summer and hopes to continue to do so in
the future. The only large activity which the Society holds during
the year is its large Labor Day auction, which is used to raise
funds for the church.
The petitioner has submitted a landscape plan which staff has
reviewed. The petitioner is substituting red maple for the
proposed ash trees, and rearranging some of the other plant
materials on the plan. A grading and drainage plan needs to be
submitted in order to insure adequate detention/retention of storm
water.
Recommendation and Stipulations
Although the church is located at the end of a cul-de-sac, the
traffic generated by the church members does not constitute a
significant impact to the neighborhood. Also, the expansion of the
church will improve the appearance of the property and provide
adequate parking facilities built to ordinance requirements. For
these reasons, staff is recommending that the Planning Commission
recommend approval of this special use permit request, SP #90-06,
to allow the expansion of a church facility within an R-1 zoning
district, with the following stipulations:
1. A grading plan shall be submitted prior to the issuance of a
building permit.
2. A revised landscape plan shall be submitted prior to the
issuance of a building permit.
PLANNING COMMISSION ACTION
The Planning Commission voted unanimously to recommend approval of
the special use permit request with the stipulations as recommended
2.5D
Staff Report
SP #90-05,� Kate Kemper
Page 4
by staff. In addition, since the Planning Commission recommended
denial of the vacation request, the Planning Commission amended the
stipulations as follows:
1. A grading plan shall be submitted prior to the issuance of a
building permit.
2. A revised landscape plan shall be submitted prior to the
issuance of a building permit.
3. The site plan shall be modified to conforn► to the zoning code
prior to the issuance of a building permit.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission action.
SP 4� 90-05
Kate Kemper 2.5E
lV �/2 SEC.
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fRIDLEY
C0�1/IMUNITY DEVELOPMENT
DEPART'MENT
MEMORANDUM
DATE: May 17, 1990
TO: William Burns, City Mariager�!��
FROM:
SUBJECT:
Background
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
First Reading of Ordinance for the Sale of
Excess Property; East 6 Feet of a Vacated
Alley; Wayne Johnson
On August 14, 1989, the City Council conducted a public hearing to
determine whether or not the east 6 feet of the vacated 12 foot
alley abutting Lots 1 through 9, Block 5, Hyde Park, should be
considered as excess, and conveyed to abutting property owners on
Lots 22 through 30, Block 5, Hyde Park (see attached graphic). The
City Council closed the public hearing and requested that the
petitioner, Wayne Johnson, confer with the adjacent property owners
to share in the expenses of conducting the court proceedings to
memorialize the certificates for the additional property.
The property owners have already accrued the west 6 feet of the
alley by virtue of the alley vacation approved by the City Council
in May, 1988.
As you may recall, in order for the property owners to obtain title
of the east 6 feet of the alley, a deed from the State of Minnesota
must be conveyed to the City first prior to conveyance to the
abutting property owners.
The two property owners to the north of Mr. Johnson have Torrens
property and opted not to participate in the court process. The
two property owners to the south of Mr. Johnson have abstract
property and have decided to accept the east 6 feet of the 12 foot
alley. Because these property owners have abstract property, there
are no costs to them since they do not have certificates which need
to be memorialized.
By separate contract with Herrick and Newman, Mr. Johnson is moving
forward with the memorialization process for his property.
`;
DOHL
CURRY
JOHNSON
EARLY
HENRIKSON
I
61 st Avenue
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12' vacated atley
(s' to west; s' to state)
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4C
ORDINANCE NO.
AN ORDINANCE IINDER BECTION 12.06 OF THE CITY
CHARTER DECLARING CERTAIN REAL LSTATE TO BE
SIIRPLIIS AND AIITHORIZING T8B SALE THEREOF
SECTTON 1. The City of Fridley is the fee owner of the tract
of land within the City of Fridley, Anoka County,
State of Minnesota, described as follows:
The east half of that part of the vacated alley
which adjoins Lots 5 through 9, Block 5, Hyde Park,
lying north of the south line of said Lot 9,
extended westerly and south of the north line of
said Lot 5, extended westerly according to the plat
thereof on file and of record in the office of the
County Recorder in and for Anoka County, Minnesota.
All lying in Section 23, T-30, R-24, City of
Fridley, County of Anoka, State of Minnesota.
SECTION 2. It is hereby determined by the City Council that the
City no longer has any reason to continue to own
said property, and the City Council is hereby
authorized to sell or enter into a contract to sell
said property.
SECTION 3. The Mayor and City Clerk are hereby authorized to
sign the necessary contracts and deeds to affect the
sale of the above-described real estate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
Public Hearing: August 14, 1989
First Reading
Second Reading:
Publication:
4D
of SBF Addition; and (2) a park fee of $.023 pe square foot shall
be paid prior to issuance of a building pe .
Ms. Dacy stated in regard to the third tipulation regarding the
need for a variance, staff has consul d with the City Attorney and
he has recommended the petitioner ove the west property line to
the west so it would fall on th common drive. She stated staff
has verified the petitioner's rvey to make sure the plat locates
the lot line within the co driveway and not the parking stall,
therefore, the stipulatio regarding the variance is not needed.
Mr. Farrell stated t re are problems with the project which are
� fairly typical. H stated Cub Foods is still on the lease for the
building and he s working with them to negate their lease. He
stated it has lso taken longer than anticipated to obtain the
financing so hey are several months behind schedule.
No other ersons in the audience spoke regarding this plat.
MOTI by Councilman Fitzpatrick to close the public hearing.
Se nded by Councilwoman Jorgenson. Upon a voice vote, all voting
e, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:35 p.m.
2. PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY BETWEEN LOTS
22 THROUGH 30 BLOCK 5. HYDE PARK1 BY WAYNE JOHNSON:
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:35 p.m.
Ms. Dacy, Planning Coordinator, stated this public hearing is to
determine whether or not the east six feet of the 12 foot alley
abutting Lots 22-30, Block 5, Hyde Park, is excess property. She
stated in 1988, the City vacated the alley at the rear of these
properties. Ms. Dacy stated under Minnesota law, half the alley
access went to the property owners to the west and the other half
to the State. She stated the City approached the State for a deed
to convey this back to the City in order to convey it to the
property owners. Ms. Dacy stated in order to record the deed from
the State to the City, the County advised the City that the State's
Certificate of Title has to be memorialized. She stated this
requires a court proceeiiing which takes three to six months.
Ms. Dacy stated this public hearing is to obtain input from
abutting property owners affected by this vacation and if they are
willing to proceed with the City in this memorializing process.
Mr. Herrick, City Attorney, stated the State has deeded the
property to the City, but it cannot be recorded. He stated in the
4E
�RIDLEY CITY COIINCIL liEETING OP �UGIIST 14. 1989 PaGE 6
Torrens system, when any changes are made, they are done by
attaching memorials to the certificate. He stated in this
particular case, what needs to be memorialized is the City's action
to vacate-the alley.
Councilman Fitzpatrick asked if the property owners adjacent to
this alley already have the west six feet.
Ms. Dacy stated the ordinance for the vacation of the alley was
published, but it has not been recorded because of the
complications regarding the State's Certificate of Title.
Mr. Herrick stated if there are some property owners who want to
express they have an interest in the east six feet, the Council
should take this into consideration at this time.
Mr. John Early stated he owns property to the south of Mr. Wayne
Johnson. He stated they are in favor of Mr. Johnson's proposal,
however, he wondered if the intent was to give the property owners
the six feet or if they would be charged for this property.
Mr. Herrick stated this is not a legal question, but one of policy.
He felt the Council may not want to charge for this six feet if it
really does not have much value. He stated, however, the Council
may wish to address the court costs and if the property owners
should contribute to these costs.
Mayor Nee questioned the proposal to handle the court costs.
Mr. Herrick stated he felt there was an understanding that the
City would pay half the cost and the property owners the other
half.
Ms. Dacy stated because the process has taken some turns neither
the City nor the petitioner were aware of, it was proposed,
essentially, to split the cost of the court proceedings. She
stated if more than one property owner wants the extra six feet
added to their property, Mr. Johnson did not feel it was his
responsibility to bear this cost alone. Ms. Dacy stated depending
on how many property owners want to participate, a cost sharing
could possibly be worked out.
Mayor Nee stated he had reservations about the City paying these
costs when it would be a benefit to the property owner and/or
owners.
Mr. Johnson felt this is a unique situation where the City would
be obtaining an improvement which would benefit the community.
Mayor Nee asked if anyone wished to speak either for or against the
City finding this excess property and vacating the City's interest
in the six feet deeded to the City by the State.
4F
PRIDLEY CITY COIINCIL M$ETING OF �UGIIST 14. 1989 PAGE 7
No persons in the audience spoke in reply to Mayor Nee's question.
MOTION by Councilman Biilings to close the public hearing.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9:00 p.m.
Mayor Nee asked about the cost for this court proceeding. Ms. Dacy
stated she thought it would be anywhere from $500 to $1,000.
Councilman Billings stated he was surprised staff proposed to this
cost sharing and was concerned about policy being set by staff,
rather than the Council. He stated he would like to review this
further.
Mr. Hendrickson, 6031 3rd Street, stated he could use the extra six
feet, but did not know the cost involved.
Mr. Herrick stated assuming the cost is $1, 000 and if five property
owners wish to proceed, it would be $200 each. He stated if other
agreements were reached, the cost would be adjusted accordinqly.
He stated the property would have to be conveyed if a property
owner wished to sell or build on it. He stated considering the
cost, he felt it was worthwhile for the property owners to proceed.
Mr. Johnson stated he has been working on this for the last three
years, and Ms. Dacy has been doing the best job in working with him
to solve the problems.
OLD BUSINESS•
3. ORDINANCE NO. 928 APPROVING A REZONING, ZOA #89-03, TO REZONE
�,OT 2, AUDITOR' S SUBDIVISION NO. 89 FROM M-1. LIGHT INDUSTRIAL
D R-3 GENERAL MULTIPLE WELLING TO C- ENERAL B NESS
GENERALLY LOCATED AT 7191 HIGHWAY 65 .E. BY E INES:
MOTION by Councilman Schneider to waive th eading and adopt
Ordinance No. 928 on second reading and or publication, with the
stipulation approved at the first ding on July 24, 1989.
Seconded by Councilman Fitzpatric Upon a voice vote, all voting
aye, Mayor Nee declared the mo 'on carried unanimously.
4.
m
MOTION by uncilman Fitzpatrick to waive the reading and adopt
Ordinan No. 929 on second reading and order publication.
Sec ed by Councilman Billings. Upon a voice vote, all voting
a, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL ![BETINQ OF �OGOBT Z8. 1989 P�GE 2
4G
WAYNE JOHNSON 11610 53RD AVENUE NORTH PLYMOUTH - RE: VACATED
Y:
Mr. Johnson stated he is here this evening to request the Council's
participation in the cost to memorialize the title for the alley
which the City vacated. He stated he thought it was aqreed upon
by staff that the City would pay half of this cost.
Mr. Johnson stated the City may have erred in not constructing the
alley back in the 1960's. He stated because this was not done,
property owners installed their driveways in the front and some
owners do not have a need for part of the vacated alley.
Mayor Nee stated there is a similar situation where the City
purchased land for construction of a street to North Park School
and an adjacent property owner bought some of this excess land
which the City did not use. He stated about a month ago, the
property owner applied for a building permit and found there were
problems with the title. He stated this is the same as Mr.
Johnson's situation, except this other property owner paid for the
property, and Mr. Johnson did not. Mayor Nee stated the City
Attorney has stated the City should not pay for a clear title as
the property was purchased under a quit claim deed, and he felt
this was a similar situation.
Mr. Johnson stated right now the City has an alley that looks very
- bad and he is trying to improve it. He stated he felt he was doing
the City a service in trying to make improvements.
Mayor Nee advised Mr. Johnson that he has the land and can do
anything he wants with it. He felt it is no longer the City's
responsibility, but Mr. Johnson's if he wants to clear the title.
Councilman Billings stated Mr. Johnson is saying he does not feel
he should pay all the court costs to clear the title on the east
six feet of the alley as all his neighbors will obtain part of this
alley and they should bear some of the cost. Councilman Billings
stated Mr. Johnson also points out if the City had paved the alley
back in the 1960's, property owners would have installed driveways
to the alley. He stated, as it now stands, some owners have
driveways to the front and not everyone wants the alley paved so
Mr. Johnson initiated the vacation process. Councilman Billings
stated he can sympathize with Mr. Johnson, but he has a difficult
time with the City paying half the legal costs as he felt it was
not in the best interests of the City.
Councilman Billings felt an alternative may be for the City to pay
the cost to clear the title and then sell the property to owners
who want the east six feet of the alley. Councilman Billings asked
how many property owners or lots would be involved.
4H
FRIDLEY CITY COIINCIL KBETING OF �IIG�ST 28. 1989 P�GB 3
Ms. Dacy, Planninq Coordinator, stated five lots would be involved.
Councilman Billinqs stated he knows one of the property owners to
the north of Mr. Johnson has a structure in the middle of where the
alley was suppose to be and, even with the east six feet, he still
would be in violation of the code. He felt that person has a
vested interest in trying to obtain title to the entire alley.
Councilman Billings asked if the memorialization for both the east
and west half portions of the alley could be done at the same time.
Mr. Newman, Assistant City Attorney, stated if some of the property
owners do not want the property, there could be a problem.
Mayor Nee asked if it was known how many property owners would
participate in the cost for this memorialization.
Mr. Johnson stated if the price was reasonable at about $100 for
each •property owner, he felt probably all of them would
participate.
Ms. Dacy stated she and the City Attorney, Mr. Herrick, discussed
the cost and Mr. Herrick agreed to do the work at a cost not to
exceed $1,000. She stated abutting property owners have agreed to
participate, if the City was involved so that their cost would be
reduced.
Councilwoman Jorgenson asked the cost for staff's time for their
work in vacating the alley.
Ms. Dacy stated she could not answer at this time since she was not
involved from the beginning.
Mr. Johnson stated a lot of staff time has qone into this vacation
as Ms. Dacy is the fourth or fifth person he has dealt with in
reqard to the vacation. He felt because of new personnel, it
involved more staff time than if one person had handled it.
Mr. Johnson stated he would like to complete his improvement and
get the title cleared. He stated he felt someone made the decision
for the City to pay half the cost. He stated he is requesting a
decision from the Council if the City will or will not participate
in the legal costs.
Mr. John Early, owner of property to the south of Mr. Johnson,
stated the alley has been an eyesore and the City has done
absolutely nothing. He stated he would like to see an improvement
and would be willing to pay a small amount to get this
accomplished.
Mr. Burns, City Manager, stated he felt Councilman Billings
suqgestion has some merit.
41
�RIDLEY CITY COIINCIL MEETING OF �IIQO$T Z8, 1989 P�GE 4
Mayor Nee stated he would have no problem �rith the City bearinq the
initial expenses, and collectinq these expenses if the property
owners aqree to purchase the property.
Mr. Johnson stated he did not believe it would be beneficial for
the City unless the other four property owners indicate they would
buy the property for $300 each.
Councilman Billings felt staff, Mr. Johnson, and the four
neighboring property owners should meet and make sure everyon�e is
aware of what is happening and what their riqhts are. He felt all
possibilities should be explored to try and resolve this issue.
Councilwoman Jorgenson stated she would suggest staff review the
costs involved to vacate an alley and if the fee actually covers
the cost for staff's time.
r
nTCK SHERRY 5922 HACKMAN AVENUE - RE: DISEASED TREE:
Mr. Sherry stated he has a diseased elm tree in his yar which was
planted as a boulevard tree and now needs to be remove . He stated
the tree, however, is 13 feet, 3 inches from the ri t-of-way and
to be considered boulevard trees, they must be wi in 10 feet of
the right-of-way. He stated the tree was planted efore the street
was constructed and was not located within the en foot easement
area. Mr. Sherry felt since this is a boule rd tree, the City
should remove it.
Councilwoman Jorgenson stated Mr. Sherry i not the only one with
this problem as she has talked with Mr. ownsend, who also lives
on Hackman Avenue, about a similar probl . She stated the problem
is the City cannot use public funds o remove trees on private
property.
Councilman Schneider stated a ee across the street from Mr.
Sherry was removed by the Cit several years aqo. He stated at
that time there was a proqram n which the City partfcfpated in the
cost, throuqh a State qra , and did remove diseased trees on
private property as fund were designated for that purpose. He
stated the program is n longer in effect.
Councilman Schneide stated there is a proposal for an ordinance
amendment where t City would remove a diseased tree and assess
the cost back to e property owner. He stated if this ordinance
amendment is a pted, Mr. Sherry could use this means to have the
tree removed
Councilm Billinqs felt the real determination if this tree is
located on the City's right-of-vay is the lot pins, and not the
locat' n of the roadway.
Virgil C. Herrick
James D. Hoeft
Gregg V. Henick
Of Counsel
David P. Newman
��1l111111��ll (�. 1 �i � V W �yllfiu �Y
ATTORNEYS AT LAW
April 19, 1990
Barbara Dacy
Planning Coordinator
City of Fridlzy
6431 University Avenue `1.E.
Fridley, MN 55432
RE: Wayne A. Johnson
Dear Barb:
This letter is to confirm our phone conversation of last week in
which you indicated that you would place this matter back on the
City's agenda to complete the process necessary to obtain an
ordinance declaring the property excess. You had indicat�3 that
you would check with the Henricksons and the Earleys to determine
whether they wished to have the additional property deeded to
them. Because the Currys and the Dohls have torrens property and
have not elected to be part of the proceeding subsequent it would
presumably be their intent not to have the property in question
deeded to them. As soon as you have checked with the other
property owners it is my understanding that this matter will be
scheduled to be heard by the City and an ordinance should issue.
Please contact me if you have any questions or problems or if
attendance by Mr. Johnson or myself as his representative is
necessary in any of the proceedings.
Sinc rely,
V
'Gregg �Herrick
GV�i/lal
Suite 205, 6401 University Avenue N.E., Fridtey, Minnesota 55432, 612-571-3850
4J
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---. -- - ----
___ _ , _ _ . _ �� b �i�.. - ��
QUIT CLAIM DEED
The State of Minnesota having heretofore acquired in fee
the real estate hereinafter described and the Commissioner of
Transportation of said State having determined that the same is no
longer needed;
Now, therefore, upon sa id de termina tion and pursuan t to
Minnesota Statutes, 161.44� the State of Minnesota� by Leonard W.
Levine� its Commissioner of Transportation, grantor, at no cost,
does hereby release, quit claim and convey to the City of Fridley�
a municipal corporation, in the County of. Anoka, grantee� for
public purposes� all its interest in and to the real estate situate
in the Coun ty of Anoka � Sta te of Minneso ta � described as follows :
All of Tract A described below:
Tract A. The East Half of that part of the vacated alley which
adjoins Lots 1 through 9, Block 5, Hyde Park, lying north
of the south line of said Lot 9 extended westerly and
south of the north line of said Lot 1 extended westerly�
according to the plat thereof on file and of record in
the office of the County Recorder in and for Anoka
County� Minnesota.
Dated this a3� day of ry�q��� � 19�% .
A ved as to form: STATE OF MINNESOTA
� � ^ �
� .-� BY � . .�� %�
Special Assistant Attorne General (
(Deputy Commis ioner of ansportation)
Seal of the Commissioner of Transporta tion
'�1�IA nr� u.,.....--- --
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F���
C0�1/LMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM
DATE: May I7, 1990
TOi William Burns, City Manager �•�
�
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
SIIBJECT: Variance Request, VAR #90-08, by Cheryl Stinski
The Appeals Commission voted unanimously to recommend denial of
this request to the City Council. Staff recommends that the City
Council concur with the Appeals Commission action. The staff
report for the above referenced request is attached.
I�Il�I :1 s
M-90-333
��
� sa
� STAFF REPORT
APPEALS DATE �y s, 1990
CITY OF PLANVNG CONMSSION DATE
FIZ�DLEY CITY COI�VCIL DATE rlay 21, 1990 ��t 1`'a"1=ls
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION 941 xillwind 1�oad
SITE DATA
SI2E
DENSITY
PRESENT ZONlNG
ADJACENT LAND USES
8� ZONING
UTLJTES
PARK DEDICATION
ANALYSIS
FINANCIAL MAPUCATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
COMPAT�ILRY WITH
ADJACENT USES 8� ZONNG
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDATION
�I
,
•� �:
azeryl stinslci
'Ib increase the squa.rn footage of a free-standi.ng sign
48 sq. ft. t�o 72 sq. ft.; to increase the height of a
standing sign from 6 ft. to 12 ft. above the finished
ground grac�e.
C�-1, General Office
�1: 1�3, General Multiple Family; E: R-3, C�neral NN�ul
Family, �: C�t-1, C�.neral Offive; W: Highway 65
Yes
Yes
Denial
Denial
�
Staff Report
VAR #90-08, 941 Hillwind Road
Page 2
A.
B.
PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 214.10.02.B requires that a free-standing sign have
a maximum size of 48 square feet in area per development.
Public purpose served by this requirement is to limit visual
pollution and excessive signs in commercial areas.
Section 214.10.02.0 requires that a free-standing sign have
a maximum height of 6 feet above the finished ground grade.
Public purpose served by this requirement is to promote ground
level, monument signs in the CR-1 district.
STATED HARDSHIP:
Reason for variance and hardship:
1. Building accessibility due to trunk highway and
interstate is such that a larger sign is needed for
visibility.
2. Permitted sign square footage is not adequate to
accommodate signage for the number of tenants.
3. Due to size of building and materials used, the building
has significant impact and the signage needs to be of a
larger scale to compliment this class A building and
hence the entire development.
I feel it is imperative to finish the project with a sign that
is effective and aesthetically pleasing.
C. ADMINISTRATIVE STAFF REVIEW:
Request
Cheryl Stinski is requesting a variance to increase the square
footage of a free-standing sign in a C-Rl district from 48 sq.
ft. to 72 sq. ft. and to increase the height of a free-
standing sigx� from 6 ft. to 12 ft. above the finished ground
grade. This request is for Lot 1, Block 1, Hillwind Addition,
the same being 941 Hillwind Road.
Site
Located on site is a three-story building of stone and glass
construction. This building was recently completed in the
fall of 1989. The zoning for the parcel is CR-1, General
5C
Staff Report
VAR #90-08�, 941 Hillwind Road
Page 3
Office. Zoning to the north is R-3, General Multiple
Dwelling; to the east is R-3, General Multiple Family; to the
west is Highway 65.
Analvsis
The Sign Ordinance outlines four circumstances in Section
214.21 that the applicant must prove prior to the Appeals
Commission granting a variance.
Section 214.21.02.A. That there are exceptional or
extra-ordinary circumstances applicable to the property
or to the intended use that do not apply generally to
other property in the same vicinity and district.
This property is similar to others along Hillwind Road. There
are two other real estate offices which have signs. Coldwell
Banker has a 35 sq. ft. sign, and they were granted a height
variance to 15 feet in November 1977. This was granted prior
to the adoption of the Sign Ordinance on November 21, 1977.
Due to the reconstruction of I-694 and the installation of
Jersey barricades, the Coldwell Banker sign and the proposed
sign cannot be seen by eastbound traffic on I-694. Westbound
motorists could see the sign, but the motorist is beyond the
Highway 65 exit at that point.
Section 214.21.02.8. That the variance is necessary for
the preservation and enjoyment of a substantial property
right possessed by other property in the same vicinity
and district, but which is denied to the property in
question.
The petitioner, under the CR-1 regulations, is still allowed
wall signage, so denying the height or area variance would not
eliminate a substantial property right. In fact, locating the
"Hillwind Offices" text on the upper one-third of the building
facade would allow it to be seen by eastbound traffic on I-
694.
Section 214.21.02.C. That the strict application of the
Chapter would constitute an unnecessary hardship.
Denying the variance would not constitute an undue hardship
as the petitioner has other alternatives for signage.
Section 214.21.02.D. That the granting of the variance
would not be materially detrimental to the public health,
safety, or general welfare or detrimental to the property
in the vicinity or district in which the property is
located.
5D
Staff Report
VAR #90-08, 941 Hillwind Road
Page 4
Granting the variance will not have an impact on adjacent
properties, but staff is concerned as to whether or not
motorists on Highway 65 can read the directory portion of the
sign, given its distance and unusual angle to the northbound
lanes. Given that the building itself is a landmark, the
free-standing sign acts more as an entry feature. The sign is
also located on a three foot tall berm.
Staff acknowledges that the stone used on the facade of the
building is of a high quality, and the petitioner may not want
to puncture this facade by attaching a sign to it. However,
it would provide higher square footage and the free standing
sign could be dedicated to the tenant signage.
Recommendation
Staff recommends that the Appeals Commission deny the variance
as proposed since the petitioner has other alternatives for
signage. In addition, increasing the height of the free-
standing sign would not make the sign any more visible,
especially from eastbound I-694.
Appeals Commission Action
The Appeals Commission voted unanimously to recommend to City
Council denial of the request as proposed by the petitioner.
City Council Recommendation
Staff recommends that the City Council deny the request as
proposed, as the petitioner has other alternatives for
signage.
5E
CITY OF FRIDLEY
APPEALS CO�ISSION IiEEETING, �IAY 8, t990
�r�.��.wrrw.w�.+�w.w..r,►w.�rr�►w..�rwr�r.w. .�w��w.�.'+�1rti� �+�.�►w.�.w�.�.
CALL TO ORDER:
Vice-Chairperson Savage called the May 8, 1990, Appeals Commission
meeting to order at 7:43 p.m.
1202�L CALL •
Members Present: Diane Savage, Ken Vos, Larry Kuechle,
Clifford Johnson
Members Absent: Alex Barna
Others Present: Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Cheryl Stinski, 1612 Berne Circle
Kathie Phillips, Burnet Realty
APPROVAL OF MAY 1. 1990 APPEALS COMMISSION MINUTES:
OM TION by Mr. Kuechle, seconded by Dr. Vos, to approve the May 1,
1990, Appeals Commission minutes as written.
IIPON A VOICE VOTE, l�LL VOTZNG AYE, VICE-CSAIRPERSON BAVAGE DECLARED
THE MOTION CARRIED IINANIMOUSLY.
l. CONSIDERATION OF VARIANCE REQUEST VAR #90-08, BY CHERYL
STINSKI•
Pursuant to Section 214.10.02.B of the Fridley City Code, to
increase the square footage of a free-standing sign in a CR-
1, General Office District, from 48 square feet to 72 square
feet; and pursuant to Section 214.10.02.0 to increase the
height of a free-standing sign in a CR-1, General Office
District, from 6 feet to 12 feet above the finished grade, to
allow the construction of a free-standing sign on Lot 1, Block
1, Hillwind Addition, and part of Lot 3, Auditors Subdivision
No. 25, the same being 941 Hillwind Road (Hillwind Office
Building), Fridley, Minnesota, 55432.
OM TION by Mr. Kuechle, seconded by Dr. Vos, to open the public
hearing.
IIBON A VOICE VOTE� ALL VOTING l�YE� VICE-CBAIRPER80N BAVAGE
DECLARED THE MOTION CARRIED IINANIMOUSLY AND T8E POBLZC HEARING
OPENED AT 75�5 P.M.
5F
�PPEALS COMMISSZON MEETING. I�tAY 8. 1990 PAGE 2
Ms. McPherson stated that this property is located on Hillwind
Road near the interchange of I-694 and Highway 65. The
northbound Highway 65 exit from I-694 runs parallel with
Hillwind Road. The site is zoned CR-1, General Office. There
is adjacent R-3, General Multiple Family, to the east and
north of the site, and additional CR-1, General Office, to the
south of the site.
Ms. McPherson stated Cheryl Stinski is requesting that a
variance be qranted to the Sign Code for the CR-1 district to
allow the construction of a 72 sq. ft. sign that is
approximately 12 ft. high. The sign will include the name of
the building, "Hillwind Centre", and will have space for the
names of the tenants.
Ms. McPherson stated the Sign Ordinance outlines four
circumstances which the applicant needs to prove prior to the
approval of the variance by the Appeals Commission. Those
circumstances are outlined below:
Section 214.21.02.A. That there are exceptional or
extra-ordinary circumstances applicable to the property
or to the intended use that do not apply generally to
other property in the same vicinity and district.
Ms. McPherson stated this property is similar to others along
Hillwind Road. There are two other real estate offices which
have signs. Coldwell Banker has a 35 sq. ft. sign, and they
were granted a height variance to 15 feet in November 1977.
This was granted prior to the adoption of the Sign Ordinance
on November 21, 1977. Due to the reconstruction of I-694 and
the installation of Jersey barricades, the Coldwell Banker
sign and the proposed sign cannot be seen by eastbound traffic
on I-694. Westbound matorists could see the sign, but the
motorist is beyond the northbound Highway 65 exit at that
point.
8ection 214.21.02.B. That the variance is necessary for
the preservation and enjoyment of a substantial property
right possessed by other property in the same vicinity
and district, but which is denied to the property in
question.
Ms. McPherson stated that the petitioner, under the CR-1
regulations, is still allowed wall signage, so denying the
height or area variance would not eliminate a substantial
property right. In fact, locating the "Hillwind Offices" text
on the upper one-third of the building facade would allow it
to be seen by eastbound traffic on I-694.
5G
�PPEAL8 COIrIIdISBZON KEETING, MAY 8. 1990 PAGE 3
8ectioa Z1�.21.02,C. That the strict application of the
Chapter would constitute an unnecessary hardship.
Ms. McPherson stated that denying the variance would not
constitute an undue hardship as the petitioner has other
alternatives for signage.
Bection Z14.2t.02.D. That the qranting of the variance
�ould not be materially detrimental to the public health,
safety, or general welfare or detrimental to the property
in the vicinity or district in which the property is
located.
Ms. McPherson stated that qrantinq the variance will not have
an impact on adjacent properties, but staff is concerned as
to whether or not motorists on Highway 65 can read the
directory portion of the sign, given its distance and unusual
angle to the northbound lanes. Given that the building itself
is a landmark, the free-standing sign acts more as an entry
feature. The sign is also located on a three foot tall bena.
Ms. McPherson stated that staff acknowledges that the stone
used on the facade of the building is of a high quality, and
the petitioner may not want to puncture this facade by
attaching a siqn to it. However, it would provide a higher
_ square footage of siqnage, and the free-standinq sign could
then be dedicated to the tenant signage.
Ms. McPherson stated that staff is recommending that the
Appeals Commission deny the variance as proposed since the
petitioner has other alternatives to explore for signage. In
addition, staff believes that increasing the height of the
free-standing sign would not make the sign any more visible,
especially from eastbound I-694 traffic.
Ms. Stinski showed the Commission an up-to-date photo of the
sign. She stated the reason for the increased height and size
is because of visibility. They are concerned that the
"Hillwind Centre" and "Burnet Realty" text be visible. They
know that the 4-inch tenant panels would be visible from only
approximately 150-200 feet.
Ms. McPherson stated that traveling eastbound on I-694, people
cannot see over the jersey barricades. Only the top one-
third of the Hillwind Office building is visible.
Ms. Stinski stated they feel this building has a major impact
on this corner. It is a focal point in the community. it was
her intent to put up a sign without having to drill into the
stone on the building. She wants to keep this a class A
building look and have a sign that will be as classy as the
5H
APPEALS COIrII+SI88ION 1tE$TING, IiAY 8. 1990 PAQE 4
building itself. The siqn will be halo lit so it will have
very subtle-type lighting at niqht.
Ms. Stinski stated she believed the "Hillwind Centre" and
"Burnet Realty" text would use approximately 48 1/2 sq. ft.
of the sign.
Ms. Dacy stated that the interpretation of the definition of
sign area in the ordinance would be that the area of the
entire structure must be no more than 48 sq. ft. If the
petitioner eliminated the tenant text panel, then "Hillwind
Centre" and "Burnet Realty" text would be a little lazger than
the 48 sq. ft.
MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the
public hearing.
IIPON A VOICE, ALL VOTING AYE, VICE-CHAIRPERSON BAVAGE DECLARED
THE MOTION CARRIED UNANIMOIIBLY AIJD THE PIIBLIC HEARING CLOBED
AT 8:00 P.M.
Ms. Savage stated the Hillwind Office building is a beautiful
building, but she did not aqree with Ms. Stinski that big
buildings necessarily need big signs. She stated she uses the
northbound exit from I-694 to Highway 65 quite often, and
there is a very good view of the building from that direction.
She stated she did not see a hardship, and she did not see
that the purposes that have been indicated to grant a variance
for the sign have been fulfilled. She always has a concern
about free-standing signs. This sign I.00ks very attractive,
but it is her opinion that free-standing large signs, like
billboards, are very visually polluting. That is why the City
of Fridley's Sign Ordinance is so important. She sees a lot
of other cities allowing signs that are too large and which
do nothing for the environment. She would have to recommend
denial of this variance request.
Dr. Vos agreed that there seems to be no hardship. There is
nothing regerding the property that would make it difficult
for visibility. The buildinq is very visible and can be seen
from Hillwind Drive, Highway 65, I-694, Moore Lake Drive, and
Central Avenue. He, too, would recommend denial of the
variance.
Mr. Kuechle stated he agreed �aith both Ms. Savage and Dr. Vos
and would recommend denial of the variance.
Mr. Johnson stated Dr. Vos brought up a major point, and that
is that the building is very visible. He did not think a siqn
would help find the building any easier than the building
itself would. He would, too, recommend denial of the
variance.
��PEALS COI+II�SI88ION ![EETZNG, KlrY 8. 1990 PAGE 5
2.
�IOTION by Dr, vos, seconded by Mr. Johnson, to recommend to
City Council denial of variance request, VAR #90-08, by Cheryl
Stinski, pursuant to Section 214.10.02.B of the Fridley City
Code, to increase the square footage of a free-�tanding sign
in a CR-1, General Office District, from 48 square feet to 72
square feet; and pursuant to Section 214.10.02.0 to increase
the height of a free-standing sign in a CR-1, General Office
District, from 6 feet to 12 feet above the finished grade, to
a21ow the construction of a free-standing sign on Lot 1, Block
1, Hillwind Addition, and part of Lot 3, Auditors Subdivision
No. 25, the same being 941 Hillwind Road (Hillwind Office
Building).
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CBAIRPERSON BAVAGE
DECLARED T8E MOTION CARRIED IINANIMODSLY.
Ms. McPherson stated this item will go to City Council on
Monday, May 21, 1990.
Ms. Savage stated she is willing to be chairperson; however,
she did have a conflict with attending a]„� the Wednesday
Planninq Commission meetings. The vice-chai�person would have
to help divide up that responsibility. �
Vice-Chairperson Savage declared th � nominations open for
chairperson.
Dr. Vos nominated Diane Savage f chairperson.
Hearing no other nominations, y�ce-Chairperson Savage declared
the nominations closed. /
OM TION by Dr. Vos, se nded by Mr. Kuechle, to cast a
unanimous ballot for ane Savage for Chairperson of the
Appeals Commission fo May 1990-April 1991.
IIPON A VOICE VOTE
DECLARED THE MOT�C
Chairperson
chairperson
Chairper�bn Savage
chairr�s�son. �
l�ILL VOTING AYE, VICE-CHAIRPERSON BAVAGE
CARRIED IINANIMOIISLY.
declared the nominations open for vice-
nominated Larry Kuechle for vice-
ing no other nominations, Chairperson Savage declared the
nations closed.
51
VAR �� 90-08
Cheryl Stinski
S //2 SEC.
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Cheryl Stinski
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SITE PLAN
APPE/tL � CONC4I� ;IOi�1 1�T:i TIPIG - OCTOUER 1 1, 1977 Pa�e 11�
5M
4. R^�UT:�T I'OR �IAP,IA?JC:: OI' THr, FRIDLEY CITY CODE S�CTIC
214. + TO Ii� �;�;a:; TIi;� :•I..XIi;Ui1 II:�;IG:�IT i OP, A
FR::1, ;'!'i�I;:�II;G �IGi: I:i �R-1 I(';::IIT� G�:i;:,P,I�L GI'�� IC�S
AI'•1D LI. i IT�D PU �I i1:,aa^ ; i?i)i�i ,^:?�^' `i'O 20 I�'� ;T !+,BOVi
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aTAT?; 1 A:)DITI�ir T��:� ;�;i1" ?;�? �iu 9 1 HILL:JIhTD R�
FR DLEY I�� P�:?s:;GT ;. P,eques � �
orapany, 1 r 'treet, �xcelsior, Minnesota 55331) ,
MOTIOPi by 14r. Barna, seconded by Mr. Kemper, to open the
Public Hearing, Upon a voice vote, all votin� aye, the
motion carried unanimously. The Public Hearing i��as opened
at g:11 P.M.
ADP•4INISTR 4TIV� ST�`�� I' R�VI�'!'!
A. PUBLIC PURPOS� SER�I� D BY R��TJ .-T�'t,.`4�PIT:
Section 214.055, 4 requirin a maximum height for a
free standir.g sign in CR-1 �general offic� and
limited business) of 6 feet.
Public pur�ose served is to provide for control of
small si�ns in the linited zone of CR-1�
B, STATED H�R�SHIP:
,
� Variance requested to permit sign to have visibility
from 1�6g4, t�rhich is some 12 feet higher grade than
site location of sign; and so that s�gn rrhich is
8 feet d2ep 1•rill not be buried t��o feet into the ground.
C� ADMINISTRATIV� STAFF RE�TI�,",'1:
The sign as proposed has not been located on the site
plan at this ��riting� It is possible that such a high
sign may be a detraction for the adjacent residential
areas.
Mr. Dick �'lalsh of 561 3rd Street, representing Equity
Construction Company �vas present at the meetin�.
rir. Holden requested Mr. ��falsh to indicate on the
dra�ving the exact location of the requested sign.
Mr. lUalsh indicated z�rhere the proposed sign would be
placed. He said that the main reason for the request rras
to enable them to have a sign that i��ould have exposure to
Interstate 694. He said that the si�n r�ould have the
Rea7. Estate 10 Logo. He said that there would be wood
encasing around the poles of the sign and that the sign
��ould be internally lighted. He said that the light c�ould
be on a time-clock that ►vould turn the Zi�hts on at dusk
and then Real Estate 10 r�ould decide at �vhat time the
lights Nould be turned off.
ItPPEALS COt�f1�tIS..�'iInP? Mi �� IP1G - �CTOT3rR 1 1, 1977 Pa�;e 15
5N
Chairperson �chnabel asked if there r�ould also be
signs located on the Real Lstate office building in
addition to the requested sign.
Mr..t7alsh said that in all probabiZity there would be
the Real Estate 10 logo signs lecated on the building itself.
Chairperson Schnabel read from the existing Code Book
regarding the ���all signs. She said that the dra�;�ing they
had before them r�as shocring ttiro signs to be located on the
building, she asked for explanation.
Mr. Holden said that he �vasn't sure hoti�r the ���all sign
subject l�ras being handled.
Mr. :Valsh said that ti�hatever ti�ras done on the building
v�ould be done according to the City Codes. He said that
the main thing tiras to get a free standing sign to
advertise tnat the building c�as in existence and also to
advertise the name of Real Estate 10.
Chairperson Schnabel ti�anted to knotir the height of the
building.
rir. Holden said that the highest �oint of the builciing
v�as approxim2tely 20 feet.
Chairperson Schnabel asked if the sign t�iould be above
the 20 foot portion of the building.
Mr. ►Jalsh said that possibly it r�ould be about
1- 1�- feet above that highest point. He said that it
�vouldn't be extrer.iely high into the air. He indicated
that very possibly the sign itself 1rouldn't be much above
the 20 foot point. He said that the additional distance
tvould probably be necessary because of the rrood casing
that they t��ould put around the sign.
Mr. Kemper r�anted to kno�� exactly rrhat the code said
regardin� the request.
Chairperson Schnabel said that the Code read,
"Maximum Height of Free Standing Sign: Six feet above
lot grade'�.
Mr. �Ya1sh shorred the Commission different pictures of signs
that had been constructed by the Company he represented.
���r�L� r,�i•n�11� �ION M�r.�rzrrc - ocTO�r.�t � i,� 977 P��'e � 6
Chairperson �chnabel indicated that a CR-1 and CR-2
zone basically covered tiedical and Office Builciings. She
said that for some reason that particular piece of
property h�d been zoned CR-1. She said that Real Estate 10
had to oUtain a Special Use Permit to construct their
buildin� on that lot. She said that because of the CR-1
zonin6, the City still had to follorr the Sign Code that
had been established for that zoning.�� She said that if
Real Estate 10 had built in a regular CoMmercial District,
a 25 foot sign �lould have been permitteci.
Mr. �7alsh said that that �vas the main reason that a
variance ��as being requested.
Chairperson Schnabel said that the real problem rras
that basically the area ti��as zoned residential.
Mr. �tlalsh said that they veren't planning to put up
any sign that rrould any �ray be offensive to any residential
property.
Chairperson Schnabel said that her big�est concern
r�as the visibi?ity of the si�n over the top of the
building �o the residential area that is directly behind.
She didn't tivant a sign that t�rould be sticking above the
roof. She said that the area rtas very open land ti�rith fe�v
trees and the sign �rould be most visible to the surrounding
homes. '
�here r�as some discussion by the Conmission members
regardin� the lots and the zoning of the lots in the
nearby areas.
Mr. Flalsh said that they rranted to construct the sign
to be as close to 20 feet high as possible.
Mr. Kemper asked if the building r�ould have that type
of sign at all, if the request ivere denied.
Mr. l�lalsh said that they rrould be advised not to spend
a lot of money for a sign that c�ouldn't be seen by the
public. He said that they rrould have to do something to be
able to inform people i��ho they rrere and exactly rrhat the
building r:as.
Mr. Kemper said that the sign rrould be out of place
for the neighborhood.
50
: PPFAI� � C(`1�1�tISaI�I1 i4::�TII�1G - OCTO�?ER i 1, 1477 Pa�;e 17 5P
t4s. G�bel pointed out that actually the sign e�as to be
used for identification purposes rather than actuaZly
advcrtising.
Mr. ►lalsh said that any outdoor sign ti��as desi�ned
to accomplish tti�ro vurposes. He said that the main purpose
p�as to advertise the business and the other tvas a form
of sub-conscience advertising� as �ras the case of The
Real Lstate Company; a purpose of keeping their name in
front of the Public.
Mr. �'lalsh said that he felt the sign should be up
high enou�h to be visible from Interstate 694 :rhich ti��as
approximately 12 feet above the top of the buildin�.
He said that they r�ould like to have as much flexibility
as possible in placing the sign keeping in mind any
guidelines that the Commission �vould set.
Mr. �'�alsh pointed out that the Real Estate Agency
tvanted the ma:�imun amount of signage that they could
obtain.
There i�ras a brief discussion by the Commission
regarding the Sigr. Code that rras in the prccess of being
re-:rritten. mhis discussion taek p�ace only for th�
purpose of possibly seeing in L�hat direction the ne,:
Code crould be going. It ti��as not actually a conclusive
discussion.
Mr. �7alsh said that Rea1 Estate 10 did spend a
lot of money to have signs and advertising that appeale3
to the public.
Mr. Plemel said that the point of the Free��aay 694
�vhere the si�n ��ould be visible �vas actually such a
beautiful vierr of the city, especially at night, that he
really didn't ti•rant that vie�7 to be ruined by a sign.
Chairperson Schnabel explained that the problem the
Commission r�as having v�ith the request r�as that after
agonizing over a lot of signs, a project committee made up
of citizens that revier�ed the entire Sign Ordinance cras
organized. She said that a proposal from the project
committee �ras in the process of being revieti�ed by most
of the Commissions and ���as ready to be revie�ved by the
City Council. She said that most of the citizen Commissions
of the City of Fridley had been made very conscience and
a�vare of signs because of the many discussions that had
taken place during the past year. She said that it tivas
that ar.�areness that rras causing the Commission to take such
a hard look at the request.
APPEAL� COt�II�lI� ;IOr1 t�1ErTI11C - OCTOT3ER 11 , 1977 Pa�e 18 _. 5Q
Chairperson Schnabel said that the public opinions
had been eYpressed to decrease the amount of signs and to
create a locrer profile of signs in the City.
Mr. ►1lalsh said that he �vas in favor of tasteful signs.
Chairperson Schnabel said that she didn't feel there
Ras any d�sa;reements to the type of sign being proposed.
She said that it rras mainly the height of the si�n that
v�as being questioned.
Ms. Gabel said that the Commission ti��as really
concerned about businesses. She said that the problem
was ho�r they could be fair to both business and to the
residents.
Mr. ;'Jalsh rras in agreement to the sug�estion that
the signc�ouldn�t exceed the highest point of the building.
Mr. Ple:�el asked if he meant the message part of ihe
eign, and that the border of the sign :rould be above the
building.
Mr. �9alsh said that is �•�hat he meant. He spent some
time trying to convince the Commission that the sign .��ould
be nice, tastefully done, and �rould enhance the building.
Mr. B�rna said that the Commission ��as discussing the
entire sign; the messaoe part and the border.
There ti�as much discussion by the members of the
Comr�ission regarding the interpretation of the Sign Code
and horr and rrhere the top of the sign tivould be measured
fror� the ground. This discussion also touched on the
subject of e:cactly hol�� much exposure r�ould be received
from Interstate 69y. in regards to the amount of traffic
and the concentration that is necessary to drive on that
freel��ay.
Mr. Kemper asked rrhy the 6 ft x 8 ft sign v�as
necessary.
Mr. Walsh said that the sign �vould be made by a
vacuum press that makes a standard six foot sign. He said
that eight foot high �7as decided on to make a large sign
that t�rould give the appearance of being almost square.
MOTION by tir. Barna, seconded by r7s. Gabel, to close
the Public Hearing, Upon a voice vote, all voting aye, the
Public Hearing rras closed at 10:13 P�M.
�PrnLS cor�n•t1:slori t�r •r,rzrr� - ocT��rr� > > , � 977 pa�� �
5R
The Commi��ion discussed exactly v�hat height they would
stipulate the si�n to be.
Mr. Barna r�as more concerned about being sure the Sign
vrould not block ihe intersection visibility even mae than
blocking the vie��� from the top.
The other Commission members cvere expressing more
concern a.bout the sign obstructing the vie�v into and out
from the residential area that completely ti��ould surround
the Real Estate 10 building.
MOTION by Mr. Plemel, seconded by Mr. Barna, that the
Appeals Commission recommend the approval of the request for
variance of the I'ridley City Code, Section 21y..o55, 4, to
increase the maxi�ur� height for a free standing si�n in
CR-1 Zoning (General Offices and Limited I3usinesses), from
siy fee� to the na:�imum height of 17 fest from the
closest curb line at Hillrrind Road PI; to the top of the
finished structural member of the sign measured perpendicular
to ihe right-of-:��ay line, to alloe� the construction of a
6 foot by 8 foot sion, to be located on Lot 1, Block 1,
Real Estate 10 Addition, the same being 951 Aillti�rind Road T?E,
Fridley, ?•finnesota.
UPOTd A VOICE VOTE, Mr. Plemel, Ms. Schnabel, l�is. Gabel
and 1•ir. Barna voting aye; Mr. Kemper voting nay, the motion
carried.
Chairperson Schnabel said that the item rr�uZd go before
the City Counci� on 2dovember 7, 1977�
5. R�CEIV� SIG�l�TUR�S OF PROPERTY 0!�d^RS FIITHII'1
�'�iYUL�ITICi3 aT dPP�
Chairperson Schnabel explained that at the September 20, 19?7
Appeals Comnission meeting a stipulation had been put on the
item indicating that the petitioner could notify the listed
persons that r�ere required to be notified of an additional
variance from Section 205.053, 4b; 5a, to reduce the
required 17�5 foot side yard setback to 16 feet, in ��rhich
case� then the itea rrould not have to go to City Council.
She said that it had been discovered in the process of
revie��ing the request that the petitioner had not been
advised that they ti�ould need a variance for a side yard
set back because there was an unvacated street at the side
of the lot.
.�t��
r.tcu�nis �a:cnr ; or t�ovEr;c�k 7. t�77 PACE 5
14r, Sohiccli �t�icd thc priryinal building ncn:iit in�ficate: th�� t��c::ial usc ucrmit
is onl.y ��ooi for thc au�oria[ic car r�a,h. Therrfore, if thc vari;u�cc is ap�rovcd.
it w�ulJ alsu he necessa►y fur a special use �cnnit for the npc�ralion of the �as
siation.
�1r. Qure.hi, City ftan��qcr, statrd� r�hrn the pronerty ta thc south deveiops. it
is antici{�,.ied thi� v;u��id !-�c� one of the irajor inlersectinn:, He inJicatcd ►vhen the
oriyin�,l d�_�•clo�:,��nt �:�s prGpr,sed, tl:e reyuirr.+ient vias tliat an additior�al lane be
p:+t in to tlte nortl� to handle tl�e Lraffic anG tl�1t access be only fr•om the service
road.
Ftr. Hr.rrick, City Attorne�, in�licated l;r. Sobiech's point �:as anll-ta{:er� that the
special usc� per��it exists for the car �vash, and if th� applicai�t r.o�v wants to
est�b)ish a gas station, a ncrri permit would be requireJ.
P1r. Qureshi su�gested the statf t��rk rrith the orrner of the nroperty regardinq a
traffic pattcrn at this location that inay rcquif•e anly ore entrance eff of 73rd and
provide sa::e type of �•:ider acc.ess off of T.►I. ��n7, !?e felt they should have a wf;ole
pittare cn cyhit the total use o` tf;e pi•operty �:�ould bc and to i;�r{: a;ith the ot•;ner on
a rore aae�table tra�fic pattern.
Co;�rcil �:an Ilar�ernik indicated he hrs a proble7 ti•�ith allo�•ring the curb cuts in that
area, t�ayor t;ce indicated he sliared Cc;urcilnan Harernik's concerns and heped an�ti�er
alternative cuuld be r:orked out.
Ftr. Coddin stated he �•:as willing to r�ork with the CiLy in this matter.
�•iOTIC•; by Council�ian HaTernik to tuble this item until stafi is ready to brin� it
back b�iore Cour;cil. S2cortded by Cou�cil�rort�an t;uko�•:ski. Upon a voice �ote, all voti�g
: aye, Playor i:ee declared the n•�otion cari•ied unani;s�usl,y.
� Ct;Ji T_� C0.'rSTu���t:0:i C�:' �' 951 ! ;
� _•• "•A!'�, IiLl.i;i:D RO�� F!_E.:
(• �r•. SehiecR, Public '.dcrls Director, siated this is a re^�est by Real Cstate l� to
incre:��>e thr r.�axir..u;� hefi�f:t allor:ed on �.n �der,iification si9n un tlill►.ind i;uad fra�n
6 fe:t to 2�: Feet above �rzue, N� stated the !!;»e,1; Cor•;�jssfor, fiec'rd tf�e request
. ar.d r��cor.aaanoed tiic riaxirum height be increased fra� 6 feet to 17 feet. He exr �s;re�
this ,area is surrounQed hy residential p;-OpC't'Ly and this was the basis of the di�cu:,siun
on wh�ther �he extra iieiGht woutd be alioNed.
Councilman Fitzpatrick pointed out, arhen constructio� began on this buitdir.g, it fit
ti:ell into the resider�tial area and felt no�v an attempt was being rade to appcal to
the I-694 traffic.
�-'�-'"-- "' ider indicated he I1ad some�•rhat of a problc�n with this request in view
olk St. Investnpl']t_Gxot� � �ouncil has just considered a sign ordinartce.
�tr. Dick lJalsh, representing Real Estate 10, indicated there w.as a mistake on the
location of the sign, and there is oniy one location on the property suitable for
the sign r.�hich would be aest of the building.
Mr. Nalsh stated ihe varia�ce is requested trom tlie 6 foot height in order to get the
sign above ground. He indicated the purpose is to have an illuminat�d si4n to identify
tl�e building and indicated they do not wish to put up anything that would detract from
ihis structure.
Councilman Schneider indicated his primary concern is surrounding residential properties.
Fir. Walsh indicated they would like to get the sign out of the ground to a hei9ht
acceptable to the Council.
Hayar Nee asked FSr. Walsh if he would be �•�illing to work Mith Councilman Schneidcr
regarding tl�e ��itioninq of the sign. H�•. Walsh indicated this woutd be satisfactory
with him and hc could mcet with Councilioan Sclmcidcr at any tinie.
NOTIOt� by Cauncitnkin Schneider to table this item to the next meeting on Wove�nbcr 14�
1971, Seconded by Councilrmnu n Kukowski. U�n a voice votc� a11 voting aye, Mayor Nee
declared tlie motion carrieJ unanimously,
5S
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PUBLIC HEARING MEETING OF NOVEMBER 14, 1977 PAGE 11
� RECESS:
i
� Recess was caTled by Mayor Nee at 11:00 p.m.
i RECONYENED:
I t' Mayor Nee reconvened the meeting at 11:10 p.m. All Councilmembers were present.
�
OLD BUSINESS:
CONSIDERATION OF A SIGN VARIANCE REQUEST BY E UITY CONSTRUCTION COMPANY, SIGN FOR NEW
REAL ESTATE 10 OFFICE BUILDING 9 ILLWIND 0 TABLED NOVEMBER , 977 •
NOTION by Councilman Schneider to approve an increase from 6 feet to 15 feet fran the
closest curb line from Hittwind Road, to be installed perpendicular to the right-of•way.
to allow construction of a 5 x 7 foot sign with the following stipulation: (1) That
the sign be turned off by 9:00 p.m. each evening. Seconded by Louncilman Ftizpatrick.
� Councilman Schneider stated the purpose for the reduction in size and illumination
is for protection of the residents in the area.
Councilman Fitzpatrick stated he is prepared to support the motion on the advice of
Councilman Schneider. He stated, however, this area was rezoned for the real estate
building on the pmfile that this building would fit in with the neighborhood. He
stated he doesn't totally feel this is in the spirit of the original petition.
Councilman Schneider stated he does have some misgivings on the point raised by
Councilman Fitzpatrick; however, the building will shield the sign from nearly all
residences. He indicated there are two homes in the imrt:ediate area that nny type
of illuminated sign would cause some interference.
UPON A VOICE VOTE TAKEN ON THE MOTIOP�, all voted aye. and Mayor Nee dec]nred the
motion carried unanimously.
NEW BUSINESS:
APPROVING STATEMENT OF CANVASS Of ELECTION FOR THE NOVEMBER 8, 1977 GENERAL ELECTION:
STATEMENT OF CANYASS
GENERAL ELECTION
NOVEMBER 8. 1971
DEClARATION OF RFSUlTS 7HEREOF
In accordance with Section 4.08 of the Charter of the City of Fridley, the City
Council dec)ares Lhe results of the 1917 General Election to be as follows:
A. The total number of ballots cast was:
Ward 1 - Precinct 1
Na►�d 1 - Precinct 2
Ward 1 - Precinct 3
Nard 2 - Precinct 1
Ward 2 - Precinct 2
Ward 2 - Precinct 3
Ward 3 - Precinct 1
Ward 3 - Precinct 2
Ward 3 - Precfnct 3
2��—
�
�
�371'
48�—
��—
���—
3523
TOTAL: 3523
B. The votes for each candidate� number of defective and not voted and
Nrite-in votes are as follows:
5T
�
CITY OF FRIDLEY
CATV ADDISORY COMMISSION MEBTING, APRIL 19� 1990
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CALL TO ORDER•
Chairperson Stouffer called the April 19, 1990, CATV Advisory
Commission meetinq to order at 7:05 p.m.
ROLL CALL•
Members Present:
Members Absent:
Others Present:
Ralph Stouffer, Robert Scott, Burt Weaver,
Duane Peterson
Barbara Hughes
Clyde Moravetz, City of Fridley
Mark Hammerstrom, Nortel Cable
APPROVAL OF JANUARY 18 1990 CATV ADVISORY COMMISSION MINUTES:
MOTION by Mr. Peterson, seconded by Mr. Scott, to approve the
January 18, 1990, CATV Advisory Commission minutes as written.
IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BTOIIFFER DECLARED
THE MOTION CARRIED IINANIMOIISLY.
APPROVAL OF AGENDA:
Mr. Moravetz stated the Commission had also received a packet of
information from Minnesota Association of Cable Television
Administrators (MACTA). The following should be added to the
agenda to receive and discuss.
- NATOA Statement of Priority Issues
- NLC Analysis of the "Staff Draft"
- NFLCP Action Alert
MOTION by Mr. Weaver, seconded by Mr. Peterson, to approve the
agenda as amended.
OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED
THE MOTION CARRIED IINANIMOIISI,Y.
. '
CATV ADVIBORY COMMISSION MEETING, APRIL 19. 1990 PAGE 2
I. NORTEL CABLE REPORTS
A. First Quarter Operations IIpdate
Mr. Hammerstrom stated the rebuild is almost all
completed. At the last Commission meeting, there were
still three items left to be done: the INET, the
emergency alert, and the wreck-out. The emergency
alert system is in and has been tested. It works and
is a good system. The INET cable is up. They just
received the permit for the Burlington Northern
crossing, so that should be completed within the next
couple of weeks. The wreck-out of the old plant is
virtually completed.
Mr. Hammerstrom stated their subscribers are now up
4,900, basic customers are about 43� of the market.
They have seen a growth of about 2� since November/
December 1989. A lot of the growth is due directly
the remarket campaign he discussed at the last
Commission meeting. They had about 700 sales, and
about 450-500 new customers.
to
to
kept
Mr. Hammerstrom stated their pay numbers are still
declining somewhat, down to 2,935 pay units. That is
not too surprising, because the rest of the industry is
going through the same decline right now. The premium
service is not admitting any problems, but there are
some definite programming concerns that they feel have
not been addressed. Pay-per-view and certainly home
video have really had an impact on subscription of
those services.
Mr. Hammerstrom stated Home Shopping has presented an
offer Nortel cannot refuse, so the Home Shopping
network is going to stay on for the foreseeable future.
Mr. Hammerstrom stated the offices have been remodeled
as part of their overall general clean-up efforts. He
stated that possibly after the next meeting, the
Commission members can visit the offices and see the
changes that have been made.
Mr. Hammerstrom stated he received a letter from MSC.
There has not been other conversations with MSC, and
their phone traffic with MSC has dropped to virtually
nil. The second service of PSN is up and running, and
they will listen to both of them and see what happens.
. �
CATV ADVISORY COI�IISSION MEETING, �PRIL 19. 1990 PAGE 3
B. 6o Day Rebuilt IIpqrade Notification (letter dated
3/30/90)
Mr. Hammerstrom stated Nortel can get a rebate on the
portion of the unused bonds from the bonding company,
so they would like to request the City to get the bond
reduced once the construction is completed and signed
off.
Mr. Moravetz stated this item will be put back on the
July agenda for action by the Commission.
C. Receive Annual Business Report Dated march 30, 1990
Mr. Moravetz stated that the Commission should receive
Attachment G of the annual business report,
Certification of Franchise Fees for 1989, as required
by ordinance.
OM TION by Mr. Weaver, seconded by Mr. Peterson, to
receive the Certification of Franchise Fees for 1989.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Mr. Moravetz referred to Attachment F. He stated he
had a hard time believing that there are so few
service-related complaints: Reception - 6; Office - 0;
Technical - 9.
Mr. Stouffer stated he believed the Commission
discussed this during the franchise process, and there
were some parameters as to what constitutes a
complaint.
Mr. Moravetz stated that if there are some parameters
on what constitutes a complaint, then those should be
written down.
Mr. Hammerstrom stated these complaints are ones that
have been recorded as specific formal complaints.
Mr. Weaver stated he did not think the Commission can
really codify some of the type of complaint calls he
receives into one of these categories.
Mr. Stouffer stated he would like to know if there is
anything in the franchise regarding the definition of
complaints.
Mr. Hammerstrom stated there is nothing in the
franchise that defines a complaint. The franchise
CATV ADVISORY COMMISSION MEETING, APRIL 19. 1990 PAGE 4
D.
E.
calls for a compilation of the complaints received.
Nortel then did a summary of the calls received by
customers. They keep the written documentation of all
the customer complaints depending upon the nature of
the call.
Mr. Stouffer stated that in the annual report next
year, Mr. Hammerstrom might want to indicate that the
documentation is available upon request.
Mr. Stouffer asked if it would be beneficial for the
Commission to know how many service calls are made in a
year.
Mr. Hammerstrom stated that the page entitled, "Service
Call Activity - Fridley", is an ongoing record of
service calls which is completed during a given month
and the percentage to basic subscribers. It is a very
good record of monthly service call activity.
Mr. Stouffer stated he thought this information was
more meaningful than the complaint log.
MOTION by Mr. Peterson, seconded by Mr. Weaver, to
receive the Annual Business Report dated March 30,
1990.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Receive ist Quarter Franchise Fee
MOTION by Mr. Weaver, seconded by Mr. Peterson, to
receive the 1st Quarter Franchise Fee dated April 14,
1990.
IIPON A VOICE VOTE, ALL VOTZNG AYE, CHAZRPERSON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMODSLY.
Annual Survey status
Mr. Hammerstrom handed out copies of the surveys. He
stated they changed the "Repair and Technical Date"
from 6 months to January 1 as suggested by Mr. Stouffer
at the January 18, 1990, meeting. This gets them out
of the time of the conversion when there were so many
problems. They added a question about MSC, but there
are no questions about pay-per-view because they ran
out of space. These surveys will go out next week.
sc
CATV ADVISORY CO�IBBION MEETING. APRIL 19. 1990 PAGE 5
F. Handicap Facilities, Fire $scapes, $tc.
Mr. Moravetz stated that at the last ACCW Board
meeting, questions came up regarding handicap access to
Nortel Cable on the lower level. Apparently, there are
some handicapped persons who would like to become
involved with productions and camera work. There is
handicap access to the upper level and parking, but the
problem is on the lower level. ACCW is just asking if
there are any plans for handicap facilities on the
lower level at Nortel.
Mr. Hammerstrom stated they have no plans right now
put in handicap parking. Right now the back lot is
cramped for space with all the wreck-out materials.
There is a ramp which makes the building handicap
accessible. He stated he is not opposed to creating
handicap parking space if it is going to be used;
however, with the amount of traffic in and out every
day, it is difficult to take out an existing parking
space without justification. If there is a need, he
will certainly reconsider, but he would want to make
sure it would be used. Any work would have to wait
until the back area is cleaned up.
to
a
Mr. Moravetz stated the other question brought up at
the ACCW Board meeting was fire escapes. He checked
and found that Nortel Cable is in compliance with the
fire code.
Mr. Moravetz stated he wanted to emphasize that these
were only inquiries on the part of the ACCW Board, not
accusations.
II. FRIDLEY CABLE CONSORTIUM (FCC):
A.
B.
Receive January 4, 1990, FCC Meetinq Minutes
MOTION by Mr. Scott, seconded by Mr. Peterson, to
receive the January 4, 1990, FCC meeting minutes.
IIPON A VOICE VOT$, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOOSLY.
Receive Marcb 21, 1990, FCC Meetinq Miautes
MOTION by Mr. Scott, seconded by Mr. Weaver, to receive
March 21, 1990, FCC Meeting Minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
. �
6E
CATV ADVISORY CO1rII�I88ION MEETING. APRIL 19. 1990 PAGE 6
III. ANOKA COUNTY COMMUNICATIONS WORKSHOP:
A. Receive February 14, 1990, l�CCW Meetinq l[inutes
MOTION by Mr. Peterson, seconded by Mr. Weaver, to
receive the February 14, 1990, ACCW meeting minutes.
IIPON A VOICE VOTE, ALL VOTING AYB, CSAIRPERSON BTOIIFFER
DECLARED THE MOTION CARRIED QNANIMOIIBLY.
B. Receive March 14, 1990, ACCW Meetiaq Minutes
MOTION by Mr. Weaver, seconded by Mr. Scott, to receive
the March 14, 1990, ACCW meeting minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
C. Receive March/April Director�s Report
MOTION by Mr. Scott, seconded by Mr. Peterson, to
receive the March/April Director's Report.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTZON CARRIED IINANIMOIISLY.
D. Receive ist Quarter Report to City (includinq
StatistiCS and Financial Reports)
Mr. Moravetz stated the financial report was difficult
to read, and maybe this could be reported differently
in the future.
MOTION by Mr. Weaver, seconded by Mr. Peterson, to
receive the ist Quarter Report to the City.
IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
IV. RECEIVE MACTA SURVEY RESULTS:
Mr. Moravetz stated this was a survey mailed out to 100
random municipalities, of which 40 were returned.
MOTION by Mr. Scott, seconded by Mr. Weaver, to receive the
MACTA survey results.
IIPON A VOIC$ VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
sF
CATV ADVISORY COMMI88ION ME$TING. �PRIL 19. 1990 PAGE 7
V. NOMINATION OF OFFICERS LMAY 1990-APRIL 199�1:
Mr. Moravetz stated Barbara Hughes has indicated she would
be willing to serve as chairperson or vice-chairperson.
Chairperson Stouffer declared the nominations open for
chairperson.
Mr. Peterson nominated Ralph Stouffer for chairperson.
Hearing no other nominations, Chairperson Stouffer declared
the nominations for chairperson closed.
MOTION by Mr. Peterson, seconded by Mr. Scott, to cast a
unanimous ballot for Ralph Stouffer for Chairperson of the
CATV Advisory Commission for the term May 1990 - April 1991.
DPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Chairperson Stouffer declared the nominations open for vice-
chairperson.
Mr. Scott nominated Barbara Hughes for vice-chairperson.
Hearing no other nominations, Chairperson Stouffer declared
the nominations for vice-chairperson closed.
MOTION by Mr. Scott, seconded by Mr. Weaver, to cast a
unanimous ballot for Barbara Hughes for Vice-Chairperson of
the CATV Advisory Commission for the term May 1990 - April
1991.
UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERBON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
VI. OTHER BUSINESS:
A. - NATOA 8tatement of Priority Issues
- NLC Analysis of the ��Staff Draft��
- NFLCP Action Alert
Mr. Moravetz stated the City Council has received
copies of this same material. He did not know if the
Council was going to take any action, or if they were
going to let NATOA attorneys and the National League of
Cities and attorneys handle this. If the Council does
decide to take some action, they might want some input
from the CATV Advisory Commission.
Mr. Weaver stated he didn't think the Commission should
be in favor of something that is not well defined. He
CATV ADVISORY COlrII+IISBION MEETINQ, �PRIL 19. 1990 PAG� 8
B.
had no problem with the issues as defined and felt he
and the Commission could support them. But, how
response to these issues is the legislation that is
being drafted, and what does S.1880 look like?
Mr. Weaver stated they should receive further
information and, at the earliest convenience, he would
like the Commission to receive what comes out of the
committee on the 5.1880 bill and the companion bill in
the House.
Mr. Peterson agreed. He stated that in the memo dated
April 13, 1990, to MACTA Agency Contact Members, Holly
Hansen, MACTA Chairperson, stated that, "The Senate
nStaff Draft" is being rewritten as you read this."
So, they might be in favor of what is here, but there
might already be something totally different from what
the Commission has received.
MOTION by Mr. Weaver, seconded by Mr. Peterson, to
receive the above information.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Mr. Moravetz stated the
for a possible special
on what action the City
legislation.
Equipment
Commission should be prepared
meeting before July, depending
Council takes on this
Mr. Weaver stated that over the years, the operator has
contributed quite a bit of money/equipment to the
generic category of LO, access, etc. He had a concern
that some of this equipment might be drifting around
uncontrolled. Maybe the Commission should ask ACCW to
take the responsibility of keeping track of this
equipment.
Mr. Stouffer stated ACCW provides the Commission with
an inventory each year.
Mr. Moravetz stated every piece of equipment is duly
signed out and recorded when it is used by LO, access,
etc.
Mr. Hammerstrom stated he appreciated Mr. Weaver's
concerns. This is a lot of expensive equipment. ACCW
does quarterly equipment inventories, and Nortel does
quarterly equipment inventories. They work closely
with ACCW to make sure that if some equipment breaks
sG
6H
CATV ADVISORY COMMI88ION MEETING, �PRIL 19, 1990 PAGB 9
down, there is a procedure for recording the trouble,
the trouble gets analyzed, Nortel sends it out for
repair and pays for the damages, and sends it back to
ACCW to be inventoried. Nortel's equipment is
inventoried separately and is handled as "secondary"
access equipment if there is a need for it and it can
be justified.
Mr. Weaver stated he just wanted to make sure that all
the equipment is accounted for and that no one is short
on equipment. From what he is hearing, there does not
seem to be any problem, and he is satisfied.
VII. ADJOURNMENT•
MOTION by Mr. Peterson, seconded
the meeting. Opon a voice vote,
Stouffer declared the April 19,
Commission meetinq adjourned at
Respectfully submitted,
Lynne Saba
Recording Secretary
by Mr. Weaver, to adjourn
all votinq aye, Chairperson
1990, CATV Advisozy
8:30 p.m.
�
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F���
DATE:
TO:
FROM:
SUBJECT:
C0�1/iMUNI'['Y DEVELOPMENT
DEPARTMENT
M EMO RAN D UM
May 17, 1990 � �j •
1-
William Burns, City Manager,�•
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Establish Public Hearing Date for Rezoning
Request, ZOA #90-03, by Bob Ring of Bob's Amoco
Attached is the staff report for the above-referenced request.
This item was originally scheduled for the April 23, 1990 City
Council meeting, but was removed from the agenda at the request of
the Amoco Corporation. Staff has since received permission from
Amoco to continue the process for Mr. Ring (see attached letter
dated April 30, 1990).
The zoning ordinance requires that the City Council hold a public
hearing for all zoning requests. Staff recommends that the City
Council set June 4, 1990 as the date for the public hearing. Staff
would also like to schedule the first reading of the attached
ordinance authorizing the rezoning for June 4, 1990. Second and
final reading will not occur until Amoco conveys title to Bob Ring,
or until we have received permission from Amoco to complete the
zoning change.
MM/dn
M-90-344
7
� 7A
� STAFF REPORT
APPEALS DATE
��� � p�,��r Cp���� pq� : Apr i 1 i�, 19 90
F(Z! DLEY crr�r c;our�cu. oA-r� Apr i 1 23 ; 1990 , May 21 , 199 Q�uTHOq MM/ dn
REQUEST
PERMIT NUMBER
APPLiCANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
�ENSITY
PRESENT ZONING
ADJACENT LAND USES
� Z��
UTLRE$
PARK DEDICATION
ANALYSIS
FMVANCIAL NVIPLICATIONS
CONFORMANCE TO
COMPREF�NE PLAN
COMPATBILfTY WITH
ADJACENT USES & ZONNG
ENVIRONMENTAL
CON�ERATIONS
STAFF RECOMMEt�ATION
APPEALS RECOMMENDATION
PLANNNVG COMMISSION
RECONNAENDATION
ZOA ��90-03
Bob Ring of Bob's Amoco
Rezone from M-1, Light Industrial to C-2, General
Business
7680 Highway 65 N.E.
29,040 square feet
M-1, Light Industrial
M-1, Light Industrial to south and west; C-3, General
Shopping to east; Spring Lake Park to north (C-2,
Neighborhood and Service Center Commercial Districti
Yes
Yes
Remedial system for groundwater contamination to be
installed on site.
Approval with stipulations
Approval with stipulations
�B
Staff Report
ZOA #90-03, Bob's Amoco
Page 2
RE4UEST
Bob Ring of Bob's Amoco is requesting that Lot l, Block 1,
Lampert's Addition, generally located at 7680 Highway 65 N.E., be
rezoned from M-1, Light Industrial, to C-2, General Business.
SITE
The site is currently zoned M-1, Light Industrial. The zoning to
the north in Spring Lake Park is C-2, Neighborhood and Service
Center Commercial District. The zoning to the south and west is
M-1, Light Industrial; zoning to the east is C-2, General Business.
Currently located on site is an automotive service station, a small
convenience store, and gas pumps.
ANALYSIS
The parcel has been zoned M-1, Light Industrial, since 1958;
however, the existing use and adjacent uses are not industrial, but
commercial in nature. The proposed site improvement by the
petitioner will increase the amount of commercial space within the
building. Rezoning this parcel to a commercial use would be in
keeping with the character of other corners of the intersection.
The parcels to the east at the intersection of Osborne Road and
Highway 65 have been zoned General Shopping since 1958. The other
parcels located in Spring Lake Park are also 2oned for commercial
use. In other areas of the City, it is common for "loop back"
parcels to be zoned commercial, even if there is adjacent
industrial zoning. While there is no "loop back" road at this
location, it could be argued that the driveway which starts on the
west side of the VFW and exits through the Amoco parcel operates
and functions as a"loop back" road. Therefore, it would be
logical for the City to approve a rezoning of both the VFW and
Amoco parcels to C-2, General Business.
In addition, approving the rezoning would bring the parcel into
greater conformance with the zoning code. Currently, under the
M-1 zoning, the lot does not meet the minimum lot size requirement
(29, 040 square feet versus the required 36, 679 square feet) . Under
the proposed C-2 zoning, the lot would exceed the minimum lot size
of 20,000 square feet.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval
of the rezoning request, ZOA #90-03, to the City Council with the
following stipulation:
1. The variance request, VAR #90-04, be approved.
7C
Staff Report
ZOA #g0-03, Bob's Amoco
Page 3
PLANNING COMMISSION ACTION
The Planning Commission voted unanimously to recommend approval of
the request with the stipulation as recommended by staff.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission action and approve the request to rezone Lot 1, Block
1, Lampert's Addition, from M-1, Light Industrial, to C-2, General
Business.
[ � �J
Amoco Corporation
200 East Ranciolph Drive
Post Office Box 877C3
Chicago, Illinois 60680-0703
312 856-3562
Douglas W Johnson
A�torney
VIA FACSIMILE
April 30, 1990
Ms. Michele McPherson
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota
7680 Northeast Hi�hway 65, Fridley, Minnesota
Dear Ms. McPherson:
I understand that Lloyd R. Ring, Amoco's lessee dealer at the above
location has initiated with the City a zoning change and site plan
approval for improvements at the location. Mr. Ring is in the process of
purchasing the location from Amoco Oil Company; we have no objection to
preliminary action being taken by the City to Mr. Ring's request so long
as no Amoco rights are prejudiced and no final action is taken without my
approval or until Amoco has conveyed the property to Mr. Ring.
If you have not received a copy of the Deed conveying Amoco's interest in
the property to Mr. Ring three (3) business days prior to any final
action being taken by the City, please contact me by fax letter at
(312) 856-2424. I will thereafter im�ediately let you know whether or
not the final approval by the City should be postponed or whether or not
Amoco has any objection to the final approval going forward.
If by any chance that for some reason unbeknownst to any of us at this
time, that the transfer does not take place between Amoco Oil Company and
Mr. Ring, I understand that prior to the final approval being taken by
the City that Amoco may withdraw its consent to such action and no
further action will be taken by the City and no Amoco rights will be
prejudiced.
If there is any question with this, please contact the undersigned.
Very t yours,
Douglas W. Johnson
Mail Code 2107
DWJ/tw
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C011MI1L1N1TY DEVELOPMENT
DEi'ARTMENT
MEMORANDUM
DATB: May 17, 1990 � � �
To: William Burns, City Manager �� '
FROM:
SIIBJECT:
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Lisa Campbel],�rjPlanninq Associate
U'
1990 Solid Waste Abatement Joint Powers Agreement
0
Attached please find a copy of the 1990 Anoka County Solid Waste Abatement
Joint Powers Agreement. This document is the legal mechanism that will allow
the City of Fridley to receive as much as $127,930 in grant revenue from
Anoka County. The funding formula is shown below:
Base Amount
$4,000
Program
+ 40 Ton +�5.00/Hshld + Yard Waste Grant
+ $66,240 + $54,960 + $3,000
= Total
_ $127,930
Item number three, entitled "Program", refers to Exhibit I which has been
attached for your review. This exhibit identifies current and potential
landfill abatement activities. Staff has included proposed activities that
may or may not be subsequently approved by the Council. This was done in
order to ensure the availability of the funds for the proposed activities.
If Council does not approve of these items, the funds will be available for
other costs associated with the City's solid waste programming. These
proposals will be presented to the Council for consideration as a part of the
final report on the Solid Waste Fact-Finding Process.
Recruested Action
Staff requests that
this document. Once
these grant monies.
LC:ls
M-90-349
the City Council authorize the City Manager to execute
the document is complete, staff may request and obtain
: `
JOINT POWERS AGREEMENT
THIS AGREEMENT made and entered into on April 24, 1990, notwithstanding the date of
the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinaiter referred
to as the "COUf�TY", and the CfTY OF FRIDLEY, hereinafter referred to as the "MUNICIPALfTI'".
WITNESSETH:
WHEREAS, the County imposes a fee of $2.62 per cubic yard at all mixed municipal waste
landfills located within its borders pursuant to Minn. Stat. Section 115A.919 and allocates a portion
of said fee and a portion of the service fee imposed at the Elk River Resource Recovery Facility to
fund local landflll abatement activities; and
WHEREAS, Anoka County has applied for and expects to receive Metropolitan Council
funds allocated to Moka County pu�suant to Minn. Stat. § 473.8441, Subd. 5(c), to be distributed
using a performance based funding formula for local recycling and composting programs; and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals set
forth in the Anoka County Solid Waste Master Plan; and -
WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant
to Minn. Stat. Sections 471.59 and 473.811, Subd. 7.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in
this Agreement, the parties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Ag�eement is to provide for cooperation between the
County and the Municipality to implement �ecycling and yard waste composting programs in the
Municipality.
2. TERM. The term of this Agreement is ftom January 1, 1990 through December 31, 1990,
unless earlier terminated as provided herein.
3. PROGRAM. The Municipality shall perform landfill abatement activities substantially as set
forth in the land��l abatement work plans attached as Exhibit 1, which are made a part of this
Agreement. The Anoka County Administrator or his designee shall have the authority to approve
modifications to Exhibit 1 as requested by the Municipality as long as the amount payable under this
Agreement for eligible activities set forth in Exhibit 1 does not exceed the project maximum established
pursuant to Section 6 of this Agreement.
4. REPORTING. The Municipality shall submit the following reports semiannually to the
County no Iater than July 20, 1990 and January 20, 1991:
A. An accounting of the amount of waste which has been diverted from land�lls as a
result of the Municipality's activities and the efforts of other community programs,
redemption centers and drop-off centers. For community yard waste programs, an estimate
shall be provided of the number of cubic yards or tons of yard waste brought to a
composting site, together with a description of the methodology used for calculations.
For �ecycling programs, documentation shall be provided showing the number of tons of
: :
each recyciable material which has been collected and the number of tons of each
recyclable material which has been marketed. For recycling programs run by other persons
or entities, the Municipality shall also provide documentation showing that the materials were
recycled by the Municipality's residents. -
B. Information regarding any revenue received irom sources other than the County for
landfill abatement activities set forth in Exhibit 1.
The Municipality agrees to tumish the County with additional reports in form and at trequencies
requested by the County for financial evaluation, program management purposes, and reporting to the
Metropolitan Council.
5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices
to the County for abatement activities no later than January 20, 1991. Costs not billed by January 20,
1991 will not be eligible for funding. The invoices shali be paid in accordance with standard County
procedures, subject to the approval of the Anoka County Board of Commissioners.
6. ELIGIBILtT1( FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible
expenses, less revenues or other reimbursement received, for activities listed in Exhibit 1 up to the
project maximum as computed below, which shall not exceed $127,930.00. The actual project
maximum for eligible expenses tisted in Exhibit 1 shalt be computed as follows:
A. A base amount of $4,000.00 for implementation of a residential recycling program
as set forth in Exhibit 1; •
B. Up to $66,240.00 at the rate of $40.00 per ton of residential materials recycled
between January 1, 1990 and December 31, 1990, by the Municipality or other community
programs, drop-off centers or redemption centers to the extent that the Municipality provides
documentation acceptable to the County that the recycled materials were recycled by
�esidents of the Municipality; and
C. Supplemental monies as follows:
• A$5 per household grant of up to $54,690.00 for enhancement or promotion
oi a residential recycling program set forth in Exhibit 1.
■ Up to $3,000.00 for yard waste abatement activities.
The Municipality may request, and the Anoka County Administrator or his designee may approve in
his or her discretion, changes in the line items set forth in said budget so long as the project
maximum computed as set forth in this Section 6 is not exceeded.
If landfill surcharge monies, Metropolitan Council Grant monies, and other monies collected by the
County and allocated to cities and townships for local landfill abatement activities are inadequate to
meet the County's allocation to the Municipality under this Agreement, the County may reduce the
maximum amount reimbursable under this Agreement after giving written notice to the Municipality.
7. RECORDS. The Municipality shall maintain financial and other records and accounts in
accordance with requirements of the county and the State of Minnesota. In accordance with Minn.
-2-
'`•1�7
Stat. § 471.59, Subd. 3, the Municipality shall maintain strict accountability of all tunds and maintain
records of all receipts and disbursements. Such �ecords and accounts shall be maintained in a form
which will permit the tracing of funds and program income to finai expenditure. The Municipality shall
maintain records suffcient to reflect that ali tunds received under this Agreement were expended in
accordance with Minn. Stat. § 115A.919 and Minn. Stat. § 473.8441 for recyclingtyard waste
composting/waste reduction landfill abatement purposes. The Municipality shall also maintain records
of the quantities of materials recycled or composted. All records and accounts shall be retained as
provided by law, but in no event for a period of less than three years from the last receipt of payment
from the County pursuant to this Agreement.
8. AUDR. Pursuant to Minn. Stat. § 166.06, Subd. 4, the Municipality shall allow the County
or other persons or agencies authori2ed by the County, Metropolitan Council and the State of
Minnesota, including the �egislative Auditor or the State Auditor, access to the �ecords of the
Municipality at reasonable hours, including all books, records, documents, and accounting procedures
and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit.
in addition, the County shall have access to the project site(s), if any, at reasonable hours.
9. GENERAL PROVISIONS
A. In perfor�ning the provisions of this Agreement, both parties agree to comply with
all applicable federal, state or local laws, ordinances, rules, regulations or standards
established by any agency or special governmental unit which are now or hereafter
p�omulgated insofar as they relate to performance of the provisions of this Agreement. In
addition, the Municipafity shall comply with all applicable requirements of the Metropolitan
Council for the use of funds provided to the Municipality by the County under this
Agreement.
B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital
status, public assistance status, sexual preference, handicap, age or national origin, be
excluded from full employment rights in, participation in, be denied the benefits of, or be
othervvise subjected to unlawful discrimination under any program, service or activity
hereunder. The Municipality agrees to take affirmative action so that applicants and
employees are treated equally with respect to the following: employment, upgrading,
demotion, transfer, recruitment, layoff, termination, selection for training, �ates of pay, and
other forms of compensation. The Municipality further agrees to take affirmative action to
include the participation of women and minority business enterprises (W/MBE) in the
performance of this Agreement, wherever possible. The Municipality agrees to obtain a
Metropolitan Council list of W/MBE's and to make a good faith effort to include participate
by W/MBE's and to make a good faith effort to include participation by W/MBE's for any
contract to be let in performing the activities contemplated by this Agreement.
C. The Municipality shall be responsible for the performance of all subcontracts and
shall ensure that the subcontractors perform fully the terms of the subcontract. The
Agreement between the Municipatity and a subcontractor shall obligate the subcontractor
to comply fully with the terms of this Ag�eement.
D. The Municipality agrees that the Municipality's employees and subcontractor's
employees who fall within any job class�cation established and published by the Minnesota
-3-
8D
Department oi Labor 8� Industry shall be paid, at a minimum, the prevailing wages rates as
certified by said Department. Each Municipality and subcontractor performing work on a
public project shall post on the project the applicable prevailing wage rates and hourly basic
rates of pay for the County or area within which the project is being performed, including
the effective date of any changes thereof, in at least one conspicuous place for the
information of the employees working on the project. The information so posted shall
include a breakdown of cont�ibutions for health and welfare benefits, vacation benefits,
pension benefits and any other economic benef� required to be paid.
E. It is understood and agreed that the entire Agreement is corrtained herein and that
this Agreement supersedes all oral and written agreements and negotiations between the
parties relating to the subject matter hereof.
F. Any amendments, alterations, variations, modfications, or waivers of this Agreement
shall be valid only when they have been reduced to writing, duly signed by the parties.
G. Contracts let and purchases made under this Agreement shatl be made by the
Municipality in conformance with all applicable laws, rules, and regulations.
H. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held to be
contrary to law, such decision shall not affect the remaining portion of this Agreement.
10. PUBLtCATtON. The Municipality shalf acknowfedge the financial assistance of the County
and the Metropolitan Council on all promotional materials, reports and publications relating to the
activities described in Exhibit t.
11. INDEMNIFICATION. The County agrees to indemnity, defend, and hold the Municipality
harmless nom alt claims, demands, and causes of action of any kind or character, including the cost
of defense thereof, resulting from the acts or omissions of its public officials, offiicers, agents,
employees, and contractors �elating to activities performed by the County under this Agreement.
The Municipality agrees to indemnify, defend, and hold the County ha�mless from all claims,
demands, and causes of action of �any kind or character, including the cost of defense thereof,
resutting from the acts or omissions of its public officials, officers, agents, employees, and contractors
relating to activities performed by the Municipality under this Agreement.
The provisions of this subdivision shall survive the termination or expiration of the term of
this Agreement.
12. TERMINA110N. This Agreement may be terminated by mutual written agreement of the
parties or by either party, with or without cause, by giving not less than seven (� days written notice,
delive�ed by mail or in person to the other party, speciTying the date of termination. If this Agreement
is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be
the property of tha Municipality so long as said assets are used by the Municipality for the purpose
of a landfill abatement program approved by the County.
-4-
�
IN WtTNESS WHEREOF, the parties he�eunto set their hands as of the dates written below:
COUNTY OF ANOKA
By: �
Dan Erhart, Chairman
Anoka County Board of Commissioners
Date:
ATTEST:
John "Jay" McLinden
County Administrator
Date:
Approved as to form and legatity:
Assistant County Attorney
CtTY OF FRIDLEY
-5-
By:
Name:
Title:
Date:
Municipality's Clerk
Date:
Approved as to form and legality:
8E
Exhibit 1
LANDFILL ABATEMEHT ACTiVtT1ES WORK PLAN FOR ANOKA COUMY IN 1990 8F
City/Townahip _ F;,� 1 e � Phone 5 7 1- 3 4 5 0
Addresa 6431 Universitv Avenue N E aP 55432
Contact Person L i s a C a m p b e 1 1
DESCRIPTION OF ABATEMENT ACTIVITIES
RESIDENTIAL_"Fridav in Fridlev" Curbside Rec clin Pro ram
Collection of news a er, glass, cans, and corrugated card-
board occurrs twice a month in Area 1 and Area 2. :.--
�Qp-off redemption center Accevtable materials include
�lastics, cans, �lass, newpaper, and corrugated cardboard
Curbside Hauler s u� e r c v c i e, I n c. Cost Per House � 8 4/ t o n
Frequency T w i c e a m o n t h Container Type P a P e r b a g s
Dropoff Address 3 5 0 7 1 s t A v e n u e N E Days/Hours T u e s.- S a t. 9 a m - 5 pm
YARD WASTE COMPOSTING Yard wasrP TrancfPr Site . This site is
available to resident at no cost. Residents may dispose of an
unlimited amount of yard waste at this site. The yard waste is
transfered to the Anoka County Bunker Hill compost site as needed.
Collection Hauler Cost Per House
Containers Used Yes No From 0 3 - 2 7_gp to 1 1 - 3 0 _gp
D�OPOff COSt _ 4 8 8 n e r c u b i c v a r d
CITY MALL PROGRAM White office paper is picked up by Aagard Sanitation
Newspaper, cans, and glass are recycled by an employee group called the
Sunshine Club. These materials are brought to the drop-off center mentioned
above.
COMMERCIAL,/INDUSTRIAL
-1-
DESCRIPTtON OF PUBUC EDUCATION AND PROMOTtON PROGRAMS A direct
mail of the curbside recyclin� pro�ram brochure is mailed out in August of
each year. Staff participates in special events. A pilot project for
containers has been completed. A citizen survey will be completed and a waste
reduction handout will be developed.
Promotion Methods: (Please indicate how often)
Newspape� 4- 5 �X �er vear Newsletter 4 X per Year
Special Mailings � X�er year Other
SUPPLEMENTAL MONIES
=S PER HOUSEHOLD TOTAL $ 54,960 to be spent on a citizen survey
possibly on containers or oth�� activities �soociated with the City's Solid
Waste Program to include contract service �a;►nents.
DROPOFF GRANT $5,000 to be used for
YARD WASTE GRANT $3,000 to be used fo� to �av for part of the cost of
transferring the yard waste from the City site to Bunker Hill
-2-
��
BUDGET ESTIMATED FOR THE YEAR 19g0
1/vcling
Curbside ooliection contract total
Cost per month S 5, 04 0 X 12 months =
Containers: Number �, o0o se t sX �_8 . 24 price
Df0(�Off S@MC@ OOSt
Cost per month _ X 12 months
Site Preparation/Maintenance - Recyclable Dropoff
Equipment (Specity)
Yard Waste
Collection senrice contract
Cost per month S ,_ X_ months
Dropott site service
Cost per month S 3, s oo X_$ months
Equipment (Specify) Front end loader
P�omotion - Number of mailings 1 "
Postage $�,500
Printing g 900
Salerv of Recycling Coordlnator: 1/t/90 to 12/31/90
96 of time spent recyciing 85z
Salaries of Other Employees: t/1 /90 to 12/31 /90
Position 96 of time
Position 96 ot time
Position 96 of time
Other (List)
Revenue trom sale of recydables, grants or
from any community group
TOTAL ESTIMATED COST
SUBTOTAL MINUS REVENUE
-3-
SUBTOTiRL
��
60,480
127,680 (proposed,not approved
28.000
�,soo
900
24 , 753
�
_ $ 182,840
* Revenue = 77,753 in City contributions and 127,930 in County
Englneenng
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
TO: William W. Burns, City Managerl�� PW90-191
f�
FROM: John G. Flora, �Public Works Director
Mark A. Winson, Asst. Public Works Director ��
d� -S/� -yo
DATE: May 15, 1990
SIIBJECT: Change Order No. 1- Flanery Park Shelter Project No. 206
Attached is Change Order No. 1 for the Flanery Park Shelter in the
amount of $2,550.00. This change order reflects upgrading the
color of the burnished block e�tterior, providing additional
insulation for the block walls and supplying electrical fixtures
for the shelter. The contract documents erroneously stated that
the electrical fixtures would be provided by the owner.
Recommend the City Council approve Change Order No. 1 for Project
No. 206 in the amount of $2, 550. 00, bringing the total for this
project to $79,311.00.
JGF/MAW/kn
Attachment
r r
�J
•�
•
CITY OF FRIDLEY
EN(iINEERZN�i DEPARTMENT
6431 IINZVERSITY AVE., N.$.
FRIDLEY, MN 55�32
May 21, 1990
Karien Construction
901 - 125th Ave., N.E.
Blaine, I�+IIJ 55434
SUHJECT: Change Order No. 1, Flanexy Park
Shelter Project No. 206
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your
contract for Flanery Park Shelter Project No. 206 by adding the
following work:
Additions•
TEM
1.
2.
APPROX.
4UANTITY PRICE
Provide & install
electrical fixtures
Upgrade burnished
block to "Autumn
Tan" .
1 Lump Sum
1 Lump Sum
AMOUNT
$1,850.00
400.00
3. Insulate block walls
with styrene 1 Lump Sum 300.00
TOTAL ADDITIONS - CHANGE ORDER NO. 1. ....S2,550.00
TOTAL CHANGE ORDERS:
Original Contract amount . . . . . . . . . . . . $76,761.00
Contract Additions - Change Order No. 1.... 2.550.00
REVIBED CONTRACT AMOIINT. . . $79.311.00
Submitted and approved by John G. Flora, Public Works Director, on
. the 21st day of �ay, 1990.
G�
� bY
�GL�G.....,,-
by �'
G. Flora, P.E.
rector of Public Works
• �
Karlen Construction
Page Two
Change Order No. 1
May 21, 1990
Approved and accepted this
1990, by
. �
�% day of ,
CONSTRIICTIO
�_
Gl n Karlen, ° '-_,__ _
Approved and accepted this day of ,
1990, by
CITY OF FRIDLEY
William J. Nee, Mayor
William W. Burns, City Manager
10
MEMO TO:
FROM:
DATE:
SIIBJECT:
FIRE DEPARTMENT
MEMORANDIIM
WILLIAM W. BIIRNB, CITY MANAGER� ���
ROBERT D. ALDRICH, FIRE CHIEF
MAY 17, 1990
FIRE DEPARTMENT SPECIFICATION FD 90-1
90-5-6
At the pre-contract meeting with the representative of Boardman
Fire Apparatus we determined that a pumper compartment heat shield
had not been provided.
We had not included a heat shield in the specifications. Most all
manufacturers of fire equipment in the northern states included
heat shields as standard equipment. Boardman is a southern state
manufacturer and does not include this item in their base bid.
Cost of this item is $908.00. I recommend the City Council approve
this change order. New contract amount is then $206,322.
RDA/ss
Attachment
10A
CITY OF FRIDLEY
FIRE DEPARTMENT
6431 ONIVERSITY AVE. N.E.
FRIDLEY, MN 55�32
May 17, 1990
Boardman Fire Equipment
1401 SW llth St.
Oklahoma City, OK 73108
SUBJECT: CHANGE ORDER # 1- SPECIFICATION FD 90-1
Gentlemen:
Your are hereby ordered, authorized, and instructed to modify your
contract for the 1250 GPM Pumper/Tower by adding the following
work:
Addition•
ITEM
1-Removable Heat Shield
Under Pump Compartment
UNIT
Lump Sum
OUNT
$ 908.00
TOTAL ADDITIONS . . . . .$ 908.00
Original Contract Amount. . . . . . . . . . .$205,414.00
Contract Additions - Change Order No. 1...$ 908.00
REVISED CONTRACT AMOIINT �206,322.00
Submitted and approved by Robert D. Aldrich,
17th day of May, 1990.
�.1� C���z��r�
P pared by
Fire Chief, on the
Checked by
��
��� �
Ro ert D. Aldrich, Fire Chief
Boardman Fire Equipment
Change Order #1
Page Two
May 17, 1990
1 '
Approved and accepted this day of , 1990 by
BOARDMAN FIRE SQIIIPMENT
Mel Lomax, Sales Manager
Approved and accepted this day of
CITY OF FRIDLEY
, 1990,
William J. Nee, Mayor
William W. Burns, City Manager
1
_
� FOR CONCURRENCE BY THE CITY COUNCIL LIC81d888
�j�r May 21, 1990
Type of License: By: Approved 6y:
CHARITABLE GAMBLING
Joe DiMaggio's Sports Bar George Vespa James P.Hill
1298 E. Moore Lake Dr. Public Safety Director
Fridley,Mn. 55432
CIGARETTE
Fireside Rice Bowl Oliver Tam ' "
1160 Fireside Dr. N.E.
Fridley, Mn. 55432
FMC Corp. Service Am.Corp. "
4800 E. River Rd.
Fridley, Mn. 55432
Onan Corp. " " "
1400 - 73rd Ave.N.E. �
Fridley, Mn. 55432
Service America Corp. Same "
7490 Central Ave.N.E.
� Fridley, Mn. 55432 ,
Stuart Anderson Cattle Co. Service Am.Corp. "
5696 University Ave.N.E.
Fridley, Mn. 55432
FOOD ESTABLISHMENT
Childrens World Same
5310 Monroe St. N.E.
Fridley, Mn. 55421
Fireside Rice Bowl Oliver Tam
1160 Fireside Dr. N.E,
Fridley, Mn. 55432
FMC Naval Systems Div. Service Am.Corp.
4800 E. River Rd.
Fridley, Mn. 55421
Imperial Pizza 4JTW Enterprises, Inc.
6530 E. River Rd.
Fridley, Mn. 55432
McDonald's Mark Wheeldon
8100 University Ave.N.E.
Fridley, Mn. 55432
Fees:
$300.00
" $12.00
" " $60.00
" $60.00
" " $12.00
" " $12.00
$45.00
$45.00
$45.00
$45.00
$45.00
, .
FOR CONCURRENCE BY THE CITY COUbiCIL
May 21, 1990
FOOD ESTABLISHMENT CONT.
Onan Corp. Service Am. Corp.
1400 - 73rd Ave. PJ.E.
Fridley, Mn. 55432
Service America Corp. Same
7490 Central Ave. N.E.
Fridley, Mn. 55432
Target Northern Operations
Center New Horizon Foods
6499 University Ave. N.E.
Fridley, P1n. 55432
Pizza Hut Arnold Wheeler
255 - 57th Ave.N.E.
Fridley,Mn. 55432
FOOD VEHICLE
Service America Corp. Same
7490 Central Ave.N.E.
Fridley,Mn. 55432
JUNK YARD
Central Auto Parts No.Inc. Roger Christenson
1201 - 732 Ave. N.E.
Fridley, Mn. 55432
Sam's Auto Parts Stanley E. Giddings
1240 -732 Ave.N.E.
Fridley,Mn. 55432
PEDDLER
Teens Against Drugs Inc. Omar A. Ibrahim
65 - 22nd Ave.N.E. #122
Mpls. P1n. 55418
ON SALE BEER
Pizza Hut Arnold Wheeler
255 - 5.7th Ave.N.E.
Fridley, Mn. 55432
REFUSE HAULER
Ace Solid Waste Mgt.Inc. Dean 0. Warden
3118 - 162nd Lane N.W.
Andover, F1n. 55304
LICS�T8E8
Page 2
12A
$45.00
$45.00
$45.00
$45.00
$110.00
James P. Hill $350.00
Public Safety Director
�� ��
�� ��
�� ��
" $350.00
" $60.00
" �$�25.00
$60.00
� - -- - -
� _
� FOR CONCURRENCE BY THE CITY COUNCIL
�� MAY 21, 1990
Blacktoppinc
National Sealcoat Co.
8085 Garfield Street N.E.
Minneapolis, MN 55432 By: Wm Richards
Northern Asphalt Construction Inc.
11064 Raddison Road N.E.
Minneapolis, MN 55434 By: Gerhard Larson
Electrical
Marsh Heating & Air Conditioning
6248 Lakeland Avenue North
Brooklyn Park, MN 55428 By: Jim Billiard
Gas Services
Advanced Mechanical Contractor
7805 Beech Street N.E.
Fridley, MN 55432 By: Maynard Edson
Air One Mechanical Company
6317 Welcome Avenue North, #6
Brooklyn Park, MN 55429 By: Sam Breno
Marsh Heating & Air Conditioning
6248 Lakeland Avenue No
Brooklyn Park, NIl�T 55428 By: Larry Marsh
P & D Mechanical Contracting
4629 - 41st Avenue North
Robbinsdale, MN 55411 By: James Daugherty
General Contractor
American Handyman Can Inc.
1202 Hathaway Lane N.E.
Fridley, MN 55432
D & R Construction Co.
2710 - 9th Lane, #307
Anoka, MN 55303
Dolphin Pool & Spa
3405 North Highway 169
Plymouth, NIId 55441
By: Mike Walsh
By: Rick Nemec
By: H.Blwnenberg
DuAll Service Contractors, Inc.
636 - 39th Avenue N.E.
Columbia Heights, MN 55421 By: Gary Dooner
�,
12C
LICENSEB
Darrel Clark
Chief Bldg Ofcl
Same
State of Minn
Clyde Wiley
Bldg/Mech Insp.
Same
Same
Same
Darrel Clark
Chief Bldg Ofcl
Same ,
Same
Same
Karlen Construction
901 - 125th Avenue N.E.
Blaine, I�IlJ 55434 By: Ursula Karlen
Kranz, William Construction Inc.
8424 Noble Avenue North
Brooklyn Park, MN 55443 By: William Rranz
Marcy, K.G. Construction Co.
2813 Bryant Avenue South
Minneapolis, MN 55408 By: Kenneth Marcy
Metal Systems, Inc.
7410 West 114th Street
Bloomington, MN 55438 By: George Williams
Minn Rusco Ins.
7429 Washington Avenue South
Edina, I�T 55435 By: Mel Hazelwood
Northwest Garage Builders
2115 - 21st Avenue South
Minneapolis, MN 55404
Seviola Construction Co.
10580 President Drive
Blaine, MN 55434
Sowles, L. H. Company
2813 Bryant Avenue South
Minneapolis, MN 55408
by: John Nash
By: John Seviola
By: Gary Lewerer
Same
Same
Same
Same
Same
Same
Same
Same
12D
Heatinc
Advanced Mechanical Contractor
?805 Beech Street N.E. Clyde Wiley
Fridley, MN 55432 By: Maynard Edson B1dgfMech Insp.
Air One Mechanical Company
6317 Welcome Avenue No, #6
Brooklyn Park, MN 55429
Airco Heating & Air Cond.
4014 Central Avenue N.E.
Columbia Heights, NIIJ 55421
By: Sam Breno
By: Geo Rogstad
Commercial Air Conditioning Inc.
2200 Niagara Lane
Plymouth, MN 55447 By: Stephen Quade
Efficient Air Control, Htg. & A/C
1818 - 117th Avenue N.W.
Coon Rapids, MN 55433 By: William Sandager
Same
Clyde Wiley
Bldg/Mech Insp
Same
Same
Maple Grove Heating & A/C Inc.
8870 Zealand Avenue North
Brooklyn Park, MN 55445 By: Stephen MacDonald
Marsh Heating & Air Conditioning
6248 Lakeland Avenue North
Brooklyn Park, I�IlJ 55428 By: Larry Marsh
Northwest Sheetmetal Co of St. Paul
2136 Wabash Avenue
St. Paul, MN 55114 By: Rodney Albers
Same
Same
Same
Masonrv
Ronald Pearson Masonry Inc.
741 Kennaston Drive Darrel Clark
Fridley, MN 55432 By: Sharon Pearson Chief Bldg Ofcl
Fireplace Construction Company
15117 Scenic Heights Road
Eden Prairie, MN 55344 By: Mark Mosman Same
Plumbinq
GusCo Plumbing Inc.
4506 Ewing Avenue North
Robbinsdale, MN 55422 By: Gene Gustafson State of Minn
Minnesota Backflow, Inc.
2500 NE Jefferson Street
Minneapolis, MN 55418 By: Arthur Thompson
P & D Mechanical Contracting
4629 - 41st Avenue North
Robbinsdale, NIN 55411 By: James Daugherty
Twin City Lindsay Inc.
7329 Washington Avenue S
Edina, MN 55435
Welter & Blaylock, Inc.
819 West 106th Street
Bloomington, MN 55420
RoofinQ
Blix Construction Co.
7019 McCauley Avenue So
Edina, MN 55439
Viking Home Improvement Co.
4832 - 2 1/2 Street N.E.
Minneapolis, 1�IlJ 55421 .
By: R. Pinkerton
By: William Yetzer
By: Rolf Blix
By: Lloyd Merrell
Same
Same
Same
Same
Darrel Clark
Chief Bldg Ofcl
Same
12E
`��
�
GTYOF
fRlDLEY
�3
FOR CONCIIRRENCB BY THB CITY COIINCIL
IdAY 21, 1990
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Bldg.
6401 University Avenue N.E.
Fridley, I�IId 55432
Services Rendered as City Prosecuting
Attorney for the Month of March, 1990
IiNTB
6700 France Avenue South
Suite 260
Minneapolis, MN 55435
ESTIMATEB
. . . $ 8,112.00
Inspection of the 1.5 MG Elevated
Water Reservoir Project No. 202
Partial Estimate . . . . . . . . . . . . $ 1,339.10
Gammon Brothers, Inc.
13845 Northdale Boulevard
Rogers, I�IN 55374
Street Improvement Project
No. ST. 1989 - 1& 2
Estimate No. 14 . . . . . . . . . . . . . . $ 17,928.20
Lindahl & Carlson
1821 University Avenue, #N318
St. Paul, MN 55104
1990 Miscellaneous Concrete
Curb, Gutter & Sidewalk Project
Estimate No. 1 . . . . . . . . . . . . . . . $ 4, 276.71
Walbon Lawn Maintenance
3225 Skycroft Drive
St. Anthony, NIId 55418
Corridor Maintenance Project No. 199
Estimate No. 1 . . . . . . . . . . . . . . . $ 4, 342 . 86