01/28/1991 - 5090OFFICIIlL CITY COIIpCIL ]►GS�D�i
COIINCIL KEBTINa
J1�TQl1RY Z8, 1991
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FRIDLEY CITY COIINCIL MEETING
. ATTENDENCE SHEET
Monday Jan.uary 28, 1991
'�:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM
PRINT NAME (CLEARLY) ADDRESS NUMBER
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FRIDLEY CiTY COIIrTCIL 1�EETING OF JANUARY 28, 1991 Paqe 2
OLD BIISINE88:
Appointment to the Appeals Commission . . . . . . . . . . 1
NEW BIISINESS:
Receive the Minutes of the Planning
Commission Meeting of January 9, 1991: . . . . . . . . . 2 - 2000
A. Establish a Public Hearing for
February il, 1991, on an
Ordinance Regulating Sexually
Oriented Businesses ............... 2 - 2K
............... 2V - 2MM
B. Establish a Public Hearing for
February 11, 1991, on a Zoning
Ordinance Amendment to Permit
Sexually Oriented Businesses in
the C-2, General Business, and
C-3, General Shopping Center
Districts, as a Permitted Use,
and as a Special Use in the
M-1, Light Industrial, and M-2,
Heavy Industrial Districts ........ 2L - 2M
........ 2NN - 2Q4
C. Establish a Public Hearing for
February 11, 1991, on a Rezoning
Request, ZOA #90-06, by Crysteel
Truck Equipment, to Rezone
Property from M-1, Light
Industrial, to C-2, General
Business, Generally Located at
1130 - 73rd Avenue N.E. .......... 2M - 2Q
.......... 2RR - 2000
FRIDLEY CITY COIINCIL MEETING OF JANUARY 28, 1991 Paqe 3
NEW BIIBIN888 (CONTINIIED):
Receive an Item from the Appeals
Commission Meeting of January 8, 1991: . . . . . . . . . 3 - 3N
A. Variance Request, VAR #90-33,
by Insurance Mart/Two P.C.
Partnership, to Allow a
Free-Standing Sign of 48
Square Feet in a R-3,
General Multiple Family
Zoning District; to Allow
Wall Signs Using the Formula
Fifteen Times the Square
Root of the Wall Length;
to Construct a Free-Standing
Sign 7 Feet in Height; to
Reduce the Setback (From the
Property Line) of a Free-
Standing Sign from 10 Feet
to 4.9 Feet; to Allow the
Construction of a Free-
Standing Sign and Wall
Signage at 6875 Highway 65
N.E.
Approval of Purchase Agreement for
Property located at 7899 Broad
Avenue N.E. (Riverview Heights) . . . . . . . . . . . . 4 - 4G
Resolution Approving the Purchase
of Real Estate Located at 6132
Central Avenue N . E . . . . . . . . . . . . . . . . . . . 5 - 5E
FRIDLEY CITY COIINCIL MEETING OF JANIIARY 28, 1991 Paqe 4
NEW BUSINESS (CONTINIIED):
Motion to Approve the Advertisement
for Bids for One Skid-Steer Loader
and Cold Planer ldentified in the
1991 Public Works Maintenance
Capital Outlay Budget . . . . . . . . . . . . . . . . . . 6 - 6A
Motion to Approve the Advertisement
for Bids for the Tree Removal Contract
Identified in the 1991 Public Works
Maintenance Budget . . . . . . . . . . . . . . . . . . . 7 - 7A
Receive Bids and Award Contract for
Well No. 12 Booster Station Project
No. 216 . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8B
Change Order No. 2 for New Fire
Apparatus . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9B
Approval of Agreement with MnDOT
for the Installation of the
Emergency Vehicle Pre-Emption
(Opticom) System . . . . . . . . . . . . . . . . . . . . 10 - 10J
FRIDLEY CITY COIINCIL MEETINa OF JANIIARY 28, 1991 Paqe 5
NEW BOSIN88B (CONTINIIED):
Resolution Requesting the State �
of Minnesota Maintain S.C.O.R.E.
Funding as Originally Prescribed
by the Legislature . . . . . . . . . . . . . . . . . . . 11 - 11B
Resolution Ordering Improvement,
Approval of Plans and Ordering
Advertisement for Bids; Corridor
Maintenance Project No. 217 . . . . . . . . . . . . . . . 12 - 12B
Resolution Ordering Improvement,
Approval of Plans and Ordering
Advertisement for Bids; Lake
Pointe Development Maintenance
Proj ect No . 218 . . . . . . . . . . . . . . . . . . . . . 13 - 23 B
Resolution Establishing Municipal
State Aid Streets . . . . . . . . . . . . . . . . . . . . 14 - 14B
Resolution Supporting the Improvements
of S.P. 0207-54 (T.H. 65 from 45th
Avenue N.E. to I-694) in Columbia
Heights and Fridley Street Improvement
Project No. ST. I990 - 5 . . . . . . . . . . . . . . . . 15 - 15A
FRIDLEY CITY COIINCIL 1d8ETING OF JANIIARY 28, 1991 Paqe 6
NEW BIISINE88 (CONTINIIED)s
City Employee Appointment . . . . . . . . . . . . . . . . 16
Informal Status Reports . . . . . . . . . . . . . . . . . 17
Claims . . . . . . . . . . . . . . . . . . . . . . . . . 18
Licenses . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19A
Estimates . . . . . . . . . . . . . . . . . . . . . . . . 20
ADJOIIRN:
THS ILINOT$8 OF T8$ FRIDI.$Y CITY CODNCIL 1�i8$TIN�i OF
Jl1iiQARY 7 � l9 91
THE MINtJT$S OF THE REQIILAR l[BETINQ OF THE FRIDL$Y CITY COIINCIL OF
JANIIARY 7. 1991
The Reqular Meeting of the Fridley City Council was called to order
at 7:34 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE•
Mayor Nee led the Council and audience in the Pledqe of Allegiance
to the Flag. �
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman
Fitzpatrick, Councilman Schneider and
Councilwoman Jorgenson
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
SOUNCIL MEETING, DECEMBER 17, 1990:
MOTION by Councilman Billings to approve the minutes as presented.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Fitzpatrick to adopt the agenda as submitted.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
PLA4UE - FRIDLEY HIGH SCHOOL FOOTBALL TEAM:
Mayor Nee stated that early this evening the Council attended a
celebration at School District 14 in honor of the School District's
Football Team who won the State Championship. He stated that a
plaque was presented to the City for display in the trophy case
which he accepted on behalf of the City. He expressed his
congratulations to the team and coaches.
Councilwoman Jorgenson stated that winning the State Championship
was a very fine effort on behalf of the students, staff, and
coaches.
pPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
�RIDLSY CITY COIINCIL MEBTINQ OF Jl�TUARY 7. 1991 PAGE 2
�IJBLIC HEARING:
1. I2�GISTERED LAND SURVEY. P.S. #90-06. BY GLACIER PARK COMPANY.
�O REPLAT THAT PART OF LOTS 2 AND 3. AUDITOR'S SUBDIVISION NO.
78, ANOKA COUNTY. MINNESOTA. GENERALLY LOCATED NORTH OF I-694
$ND WEST OF MAIN STREET N.E.:
MOTION by Councilman Fit2patrick to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:37 p.m.
Ms. Dacy, Community Development Director, stated that this property
is located at the northwest corner of the intersection where Main
Street and I-694 cross. She stated that the property is zoned
C-2 and M-2 and surrounding properties to the north, west, and
south are zoned M-2, with C-3 2oning to the east. Ms. Dacy stated
that the property is currently vacant, and the Minnesota Department
of Transportation has used this property to pile their construction
debris from the I-694 reconstruction project.
Ms. Dacy stated it is proposed that the property be subdivided into
four tracts. She stated that Tract A would meet the minimum
acreage area requirement of the M-2 zoning district and the 150
foot lot width requirement. She stated that Tract B will be
reserved for the Burlington Northern rail yards, and Tract C could
be used by the railroad at some future date for private access to
Tract B, but is not a buildable lot. She stated that Tract D will
be dedicated to the City for right-of-way for Main Street which
would allow a future Anoka County road improvement project.
Ms. Dacy stated that the Planning Commission recommended approval
of this registered land survey with four stipulations, which she
outlined as found on Page iC of the Council's agenda booklet. She
stated that a resolution approving this registered land survey is
on the Council's agenda for consideration at this meeting.
No persons in the audience spoke reqarding this proposed registered
land survey.
MOTION by Councilman Fitzpatrick to close the public hearing.
5econded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 7:40 p.m.
1rRIDLEY CITY COIINCIL I[EETI�Ta Ol� J�NIIl�RY 7. 1991 PAGE 3
OLD BUSINESS:
2. ORDINANCE NO. 964 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER
30, ENTITLED "CHARITABLE GAMBLING." BY RENAMING THE CHAPTER
"LAWFUL GAMBLING" AND AMENDING SECTION 30.03 kND SECTION
30•04:
MOTION by Councilman Schneider to waive the second readinq of
Ordinance No. 964 and adopt it on second reading and order
publication. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
3. SPECIAL USE PERMIT, SP #90-08, BY JOHN BABINSKI, TO ALLOW
EXTERIOR STORAGE OF MATERIALS ON LOTS 1 THROUGH 20. CENTRAL
AVENUE ADDITION, GENERALLY LOCATED AT 1290 73RD AVENUE N.E.
jDENIED 12/17j90):
MOTION by Councilman Schneider to reconsider Special Use Permit,
SP #90-08, by John Babinski. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Ms. Dacy, Community Development Director, stated that this parcel
is located in the southwest corner of 73rd Avenue and Old Central
and is zoned M-1 and surrounded by industrial zoning. She stated
that the request for a special use permit was initiated as a result
of the City's code enforcement efforts in that area. She stated
that there was an old school bus and other large vehicles parked
in front of the buildinq, the rear yard storage area was not
screened, and a number of violations to the City's exterior storage
requirements existed.
Ms. Dacy stated that the Planning Commission recommended approval
of this special use permit with five stipulations. She stated that
the Planning Commission was very adamant in that they wanted the
petitioner to clean the site as much as possible prior to the
Council's consideration of this special use permit. She stated
that staff was concerned if there were any materials stored that
are not related to the business. Ms. Dacy stated that the
petitioner has indicated there are two vehicles which eventually
may be removed to another site. She stated that the materials
stored in the chain link fence area are exceeding the allowable
height, and the petitioner was advised that they should conform to
the code requirement.
Ms. Dacy reviewed the five stipulations recommended by the Planning
Commission and stated the petitioner has complied with two
stipulations pertaining to re-slatting of the existing storage
fence and installation of the eiqht foot fence and boulevard trees.
She stated staff's recommendation is that the special use permit
be approved, without Stipulations 3 and 4, as the petitioner has
tRIDLBY CITY_ COIINCIL IL88TI�T4 OF J71NII11RY 7, 1991 P7�aB 4
already complied, and to add to Stipulation 1 that the heiqht of
the materials stored in the storaqe area be kept below the height
of the fence.
Ms. Dacy presented photos of the site showinq how it has been
screened and cleaned up since this spring. She stated that another
ftem which may continue to be a problem is the dumpster.
Councilman Schneider asked if the dumpster is usually outside.
Mr. Kraemer, representinq the petitioner, Mr. Babinski, stated that
about half the time the dumpster is inside the buildinq.
Mr. Kraemer stated that he wished to apologize for the
misunderstanding for not appearing at the Council�s last meeting.
He stated that it was felt since they complied with the Planning
Commission recommendations, it was not necessary for them to attend
the Council meeting.
Mr. Kraemer stated that at the last Council meeting there was
discussion about snow plowing and that their trucks were out in the
street. He stated that at no time were their trucks in the street
hindering the snow plows. He stated that they have not moved any
trucks outside their area since November.
Councilman Schneider asked Mr. Kraemer why it was necessary to keep
two vehicles in the front parking lot.
Mr. Kraemer stated that they have a vandalism problem, and they
have had the police there three times within the last month.
Mayor Nee asked if the back area was fenced.
Mr. Kraemer stated that the area where they keep their flat bed
trucks is not fenced, and it probably would not work to fence the
area because it would make access to the loading docks difficult
for the trucks.
Ms. Dacy stated that if the area was fenced Onan would have to
participate, and a joint security system would be needed.
Mr. Hill, Public Safety Director, stated that he was not aware of
the vandalism problem at this site but would check and submit some
recommendations.
Councilman Schneider suqgested that perhaps Mr. Kraemer should work
with the Police Department for several months to see if this can
be brought under control.
MOTION by Councilman Schneider to grant Special Use Permit,
SP #90-08, with the following stipulations: (i) That the existing
storage area shall be cleaned of materials not directly related to
FRIDLEY CITY COIINCIL l[ELTINa OF JAiTQlIRY 7. 1991 PAQB 5
the retail lumber and contractinq business and shall be used to
store only heavy equipment and materials directly related to the
retail lumber and contractinq business. Further, that the heiqht
of all exterior storaqe materials shall be below the top of the
chain link fence; (2) Flat bed trailers shall be allowed to be
stored outside the storage area in the rear yard at the loading
docks; (3) The special use permit shall be reviewed by the City
Council in one year and�by staff annually thereafter; (4) If an
outside dumpster is used, it shall be screened from public view;
and (5) The petitioner shall work with the Police Department's
Crime Prevention Bureau relative to vandalism and, if a solution
is not identified, the petitioner shall come back to the Council
in three months to consider allowinq etoraqe of vehicles in front
of the property. Seconded by Councilwoman Jorqenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
NEW BUSINESS:
�iDMINISTRATION OF OATH OF OFFICE TO COUNCILMEMBERS STEVE BILLINGS,
AND EDWARD FITZPATRICK:
Ms. Haapala, City Clerk, administered the Oath of Office to
Councilmembers Steve Billings and Edward Fitzpatrick, who were re-
elected to the City Council.
Councilman Fitzpatrick thanked the voters of his ward who continued
to support him and stated that he would try to do what is best for
Fridley.
4. RESOLUTION NO. 1-1991 APPROVING REGISTERED LAND SURVEY. P.S.
90-06:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 1-1991,
with the four stipulations attached as Exhibit A. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
5. RESOLUTION NO. 2-1991 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE LIONS CLUB OF
FRIDLEY FOR GEORGE'S LOUNGE AND RESTAURANT, INC.:
Mr. Pribyl, Finance Director stated that, as required by State
statute, different organizations in the City which are involved in
charitable gambling activities need to have a resolution by the
Council approving the license prior to approval by the State. He
stated that the Lions club is applyinq for a premise permit for
George's Lounge and Restaurant.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 2-1991.
Seconded by Councilwoman Jorqenson. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
�RIDLSY CITY �OIINCIL l[EBTING OF Jl1NQllRY ?. 1991 PAG$ 6
6. RESOLUTION NO. 3-1991 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR THE LIONS CLUB
4F FRIDLEY FOR MAPLE LANES:
MOTION by Councilwoman Jorqenson to adopt Resolution No. 3-1991.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
?. RESOLUTION NO. 4-1991 IN SUPPORT OF A MINNESOTA LAWFUL
�AMBLING APPLICATION FOR EXEMPTION FORM LAWFUL GAMBLING
L�CENSE TO THE FRIDLEY CHAMBER OF COrII�iERCE:
Mr. Pribyl, Finance Director, stated that this license is for a one
day event held by the Chamber of Commerce for a raffle type
activity on February 1, 1991.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 4-1991.
Seconded by Councilman Schneider. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
8. A�PROVAL OF AGREEMENTS FOR REFERENDUM RETURNS TO INDEPENDENT
SCHOOL DISTRICT NOS. 11, 13, 14 AND 16:
Mr. Pribyl, Finance Director, stated that these agreements were
presented to the Housinq & Redevelopment Authority last month. He
stated that this is one of the larqest amounts that the HRA has
dealt with over the last several years. He stated that the total
estimated 1991 return was $268,950, and they would actually be
returning $201,866.
Mr. Pribyl stated that the HRA had a concern about placing a cap
under what were discretionary type levies. He stated that the HRA
came up with a maximum cap of $200, 000 and the amount should be
prorated based on the total dollars that could be returned. He
stated that the aqreements are structured the same as past
aqreements, but there is a paragraph added that places a limit on
the maximum amount of levy that could be returned. Mr. Pribyl
stated that School District 14 is the only district that has a
mandatory return under State statute and this amount is $1,866.
Mr. Jim Furgason, Chairman of the School Board for District No. 14,
stated that the School District has been receiving this money from
the HRA for the last three years. He stated that these are
referendum monies over and above what the HRA was planning on
receiving from tax increment financinq. Mr. Furqason stated that
because of the formula and the cap, School District No. 14 would
lose about $40,000.
Mr. Furgason stated that this was not taken into consideration in
their planning process, as it was felt nothing had happened that
would decrease the approximately $160,000 they had anticipated.
He stated that this makes their budqeting problem increase as the
1rRIDL$Y CITY COQNCIL 1L88TZNG OF J71NIIl1RY 7. 1991 PA�3$ 7
loss of $40,000 is equal to one and one-half teachers, as eighty
percent of their budget fs for etaff.
Mr. Furgason stated that he would like to urge the Council to allow
the staffs of the echool districts �nd the HRA to discuss this
further and see what could be worked out. He stated that he just
heard about this as the minutes of the I�tA meetinq were just
mailed, but wanted to come this eveninq to urge a little caution
as far as the Gouncil takinq action until it can be studied
further.
Councilwoman Jorqenson Btated that she can understand the school
district was anticipating the $160,000, but this was if everyone
pays their taxes. She stated that there have been projects where
taxes have not been paid.
Mr. Furgason stated that he would agree, but going back in history,
the districts are established with a certain revenue flow and those
dollars were never in that revenue flow. He felt that possibly
there should be discussion about the process on how tax increment
financing districts are established and funded. He stated that
there are taxpayers not paying and districts not developing as
anticipated, but these dollars were not in the original equations.
Councilman Schneider asked if the HRA is adamant about the cap,
and if the Council wants something different, who has the final
decision.
Mr. Herrick, City Attorney, stated that he has not researched this
question, but it seems to him that the monies are the HRA's and if
they take a position that this would be binding. He stated that
he would be happy to research this further before the Council takes
action.
Mr. Furgason stated that was one of the questions brought up when
this was first discussed. He stated that they had legal opinians
and bond counsel opinions.
Mr. Pribyl stated that it was the bond counsel's opinion that the
agreement had to be executed by the City Council.
Councilman Schneider stated that he would assume other cities are
in the same situation.
Mr. Hurns, City Manager, stated that he understands Fridley is in
the forefront in this area. He stated that Fridley has probably
turned back a larger portion of tax increment financing monies than
other cities.
Mr. Pribyl stated that he thought Fridley was one of the few cities
turning back tax increment financing monies.
�'RIDLEY CITY COIINCIL ][BLTINa Ol� Jl1NIIl�iRY 7. 1991 PAtiB 8
Mr. Furqason stated that the School District has delayed a
reierendum for one year until November, 1991, and part of that
decision was because they did not anticipate any increase, but also
not a decrease, in tax increment financinq monies.
Councilwoman Jorgenson stated that with the economic Bituation and
the recession, she anticipates more busir►esses will not pay their
taxes. �
Mr. Furgason stated that he would tend to aqree and believes the
actions taken by the State Leqislature will impact both the City
and School District.
Councilman Billings felt that there are two different areas. He
stated he assumes that on any parcel that is in a tax increment
district, if the taxes on that parcel are delinquent and it is
referendum money, that money is not turned over to the school
district until it is collected from the County. iie stated the
other area is that the HRA did not plan on delinquencies on
property taxes and in that case, are the delinquencies which may
or may not involve referendwa monies causing the HRA to be out of
budget?
Councilman Billings stated that if referendum money is involved and
if it is collected, he questioned why the HRA would have to keep
that money. He stated it was money that was not anticipated at the
time the districts were established, but is included in the HRA's
cash flow. He stated that it is not a free gift and the taxpayers
of the school district are, in fact, paying that free qift to the
HRA.
Councilman Billinqs stated that out of defense of the HRA, when
this was initially discussed several years aqo, it was stated the
HRA would go along with the "give backs" on a temporary basis, but
could not guarantee they could give the full amount all the way
through. At the same time, it was his understanding they were
going to enter into one-year contracts that were two years out so
the school district could budget properly. He stated that for
1991, the work for 1993 should be done. He stated that he did not
know what happened to that process.
Councilman Billings stated that the other point is what is the
Council's role. He Btated that the enabling legislation was the
City Council was the body passing the resolution to return these
funds. He is not sure if the Council has the right to amend this
agreement. He stated that he is disappointed to see this on the
aqenda because he received his HRA minutes about the same time as
he received the agenda. He stated that there was never a vehicle
in the State statute that allowed the HRA to give these monies back
until about four years ago and felt the Legislature was at fault
in not providinq it initially. He stated that he would strongly
FRIDLBY CITY COIINCIL ltE$TINa OF JAIdQ3�RY 7. 1991 PAaB 9
encourage the HRA to give all the referendum monies they have
collected back to the school districts.
MOTION by Councilwoman Jorqenson to table this item until it is
reviewed by the Housinq and Redevelopment Authority. Seconded by
Councilman Billinqs.
Councilman Schneider Btated that in reference to the tax defaults,
the budget was prepared for the HI2A and certain assumptions were
made about their projects which are not necessarily holding true.
He stated that the bottom line is if the HRA does not have enough
money and comes to the Council, the taxpayers will get hit. He
stated that he does not think the HRA is acting improperly in that
they have to look out for themselves. He stated he hoped that the
problem could be resolved.
Councilwoman Jorgenson stated that when this issue was first
addressed several years ago, the HRA and Council were going to look
at a two-year planning process for the school board, but vaguely
remembers the HRA requestinq a one year process. She stated that
she would like clarification on that issue in staff's report to the
Council.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
9. APPROVAL OF PUBLIC SCHOOL INSPECTION AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF PUBLIC SAFETY:
Mr. Aldrich, Fire Chief, stated that this is an agrement with the
State Fire Marshal's Division of the Minnesota Department of Public
Safety regarding inspections. He stated that the Legislature
passed a law that all public schools be inspected at least once
every three years. He stated that in Fridley, the schools have
been inspected every year.
Mr. Aldrich stated that the agreement allows the City to conduct
� the inspection and forward the results to the State so that the
City is in compliance with the law. He stated that the State does
make available to those who have this agreement some free training
relatinq to the codes and regulations that apply in these areas.
Mr. Aldrich stated that he would recommend the City enter into this
agreement and take advantage of the training sessions that are
available.
MOTION by Councilman Schneider to authorize the City entering into
this agreement with the Department of Public Safety, Fire Marshal
Division. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all votinq aye, Mayor Nee declared the motion carried unanimously.
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Mr. Flora, Public Works Director, etated that three bids were
received for this equipment. He Btated that MacQueen Equipment,
Inc. submitted the low base bid for the mower/tractor for
$27,575.00 and the optional enclosed cab accessory equipment for
$1,550.00 for a total bid of $29,125.00. He stated that funds have
been provided in the 1990 Storm Sewer Capital Outlay Budget for
purchase of this equipment, and it is recommended that Council
award the bid to the low bidder, MacQueen Equipment, Inc.
MOTION by Councilman Billinqs to receive the following bids for the
six-wheel drive slope mower/tractor:
Bidder
MacQueen Equipment
595 Aldine Street
St. Paul, MN 55104
KEI
3630 Munkwitz Avenue
Cuhady, WI 53110
Ankeny Tract., Inc.
710 S. Ankeny Blvd.
Ankeny, IA 50021
Base Bid-Slope
Mower/Tractor
$27,575.00
$29,500.00
$29,100.00
Options
Snowblower
Encl. Cab
Sweeper
Dozer Blade
V-Blade
Snowblower
Encl. Cab
Sweeper
Dozer Blade
V-Blade
Snowblower
Encl. Cab
Sweeper
Dozer Blade
V-Blade
$3,160
$1,550
$2,690
$1,105
S 370
$3,300
$1,700
$2,850
$1,150
S aoo
$3,200
$1,700
$2,700
$1,100
$ 400
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorqenson to award the contract for the six-
wheel drive slope mower/tractor to the low bidder, MacQueen
Equipment in the amount of $27,575.00 plus $1,550.00 for the
enclosed cab for a total of $29,125.00. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
11. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR ONE TRAILER-
MOUNTED ROBOTIC SEWER RODDER MACHINE IDENTIFIED IN THE 1991
SANITARY SEWER CAPITAL OUTLAY BUDGET:
Mr. Flora, Public Works director, stated that specifications have
' � . �� 11, 1= . f • �_:1� ._, �T����
been prepared for
the 1991 Sanitary
He requested that
for this machine.
this sewer rodder machine and funds allocated in
Sewer Capital Outlay Budget for this equipment.
the Council authorize staff to advertise for bids
MOTION by Councilman Fitzpatrick to authorize staff to advertise
for bids for one trailer-mounted robotic sewer rodder machine.
Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Y• • � -• 4� �� � �!�� � �� � •' i_'
� • � � � �
� • �
MOTION by Councilman Schneider to authorize staff to advertise for
bids for the repair and maintenance of Wells No. 1, 4 and 9.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13. RESOLUTION NO. 5-1991 IMPOSING LOAD LIMITS ON P�JBLIC STREETS
AND HIGHWAYS IN THE CITY OF FRIDLEY. MINNESOTA:
MOTION by Councilman Schneider to adopt Resolution No. 5-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
14, CITY COUNCIL APPOINTMENTS TO DIFFERENT AGENCIES
�
�IST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL 1. 1991
�ND JUNE 9. 1991:
MAYOR PRO TEM•
MOTION by Councilwoman Jorgenson to nominate Councilman Schneider
as Mayor Pro Tem for 1991.
There were no other nominations and nominations were closed by
Mayor Nee.
MOTION by Councilman Fitzpatrick to cast an unanimous ballot for
the appointment of Councilman Schneider as Mayor Pro Tem for 1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
�NOKA COUNTY LAW ENFORCEMENT COUNCIL:
MOTION by Councilman Schneider to nominate Councilwoman Jorgenson
as Representative to the Anoka County Law Enforcement Council.
There were no other nominations and nominations were closed by
Mayor Nee.
1rRIDLEY CITY COIINCIL I[EBTIiIa OF J7lbTQ71RY 7. 1991 pAa$ 12
MOTION by Councilman Schneider to cast an unanimous ballot for the
appointment of Councilwoman Jorqenson as Representative to the
Anoka County Law Enforcement Council. Seconded by Councilman
Billinqs. Upon a voice vote, all votinq aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilwoman Jorqenson to nominate Councilman Schneider
as Alternate to the Anoka County Law Enforcement Council.
There were no other nominations and nominations were closed by
Mayor Nee.
MOTION by Councilman Fitzpatrick to cast an unanimous ballot for
the appointment of Councilman Schneider as Alternate to the Anoka
County Law Enforcement Council.
SUBURBAN RATE AUTHORITY:
MOTION by Councilwoman Jorgenson to appoint John Flora as
Representative and Mark Winson as Alternate to the Suburban Rate
Authority. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
ASSOCIATION OF METROPOLITAN MUNICIPALITIES:
MOTION by Councilman Schneider to nominate Councilman Fitzpatrick
as Delegate and Councilwoman Jorgenson as Alternate to the
Association of Metropolitan Municipalities.
There were no other nominations and nominations were closed by
Mayor Nee.
MOTION by Councilman Schneider to cast an unanimous ballot for the
appointment of Councilman Fitzpatrick as Delegate and Councilwoman
Jorgenson as Alternate to the Association of Metropolitan
Municipalities. Seconded by Councilwoman Jorqenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
SCHOOL DISTRICT �14 COMMUNITY SCHOOL ADVISORY COUNCIL:
MOTION by Councilman Schneider to appoint Councilwoman Jorgenson
as Representative to School District #14 Community School Advisory
Council.
There beinq no other nominations, nominations were closed by Mayor
Nee and an unanimous ballot cast for the appointment of
Councilwoman Jorgenson as Representative to School District #14
Community School Advisory Council.
� �� �1 �1: _ c • �_�� �� � c:
�: �J� � �i � i. � i_ 1� i t
MOTION by Councilman Fitzpatrick to appoint Councilman Billings as
Representative and Councilwoman Jorqenson as Alternate to School
District �13.
There being no other nominations, nominations were closed by Mayor
Nee and an unanimous ballot cast for the appointment of Councilman
Billings as Representative and Councilwoman Jorqenson as Alternate
to School District �13.
,��,HOOL DISTRICT �16 REPRESENTATIVE:
MOTION by Councilwoman Jorgenson to appoint Councilman Schneider
as Representative to School Dietrict #16.
There being no other nominations, nominations were closed by Mayor
Nee and an unanimous ballot cast for the appointment of Councilman
Schneider as Representative to School District �16.
LEAGUE OF MINNESOTA CITIES:
MOTION by Councilwoman Jorgenson to appointment Councilman
Fitzpatrick as Representative and Councilman Schneider as Alternate
to the League of Minnesota Cities. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
NORTH METRO CONVENTION & TOURISM BUREAU:
MOTION by Councilman Billings to appoint William Hunt, Assistant
to the City Manager, as Representative to the North Metro
Convention and Tourism Bureau. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
MOTION by Councilman Schneider to table the Commission appointments
and request staff to poll members to see if they are interested in
re-appointment and submit a list regarding attendance at the
meetings. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all votinq aye, Mayor Nee declared the motion carried unanimously.
15. RF'SOLUTION NO. 6-1991 DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO TIiE SUBURBAN RATE AUTHORITY:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 6-1991
designating John Flora as Director and Mark Winson as Alternate
Director to the Suburban Rate Authority. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
FRIDLBY CITY COIINCIL l[B$TI�Tt; OF Jl�iiII71RY 7. 1991 PAQE 14
16. RESOLUTION NO. 7-1991 DESIGNATING AN OFFICIAL NEWSPAPER FOR
THE YEAR 1991:
MOTION by Councilman Schneider to adopt Resolution No. 7-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
17. RESOLUTION NO. 8-1991 DESIGNATING OFFICIAL DEPOSITORIES AND
SAFE DEPOSIT ACCESS FOR THE CITY OF FRIDLEY:
MOTION by Councilwoman Jorqenson to adopt Resolution No. 8-1991.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilwoman Jorqenson etated that she had a call from a citizen
inquiring as to whether the money the City has in Fridley State
Bank was insured. She stated that the City does have collateral
in all funds and is fully insured so they do not have to worry
about a collapse.
Mr. Pribyl, Finance Director, stated that there has been a monthly
review of the charges by Fridley State Bank and no changes are
recommended at this time. He stated that it is very convenient to
use the services of Fridley State Bank and funds can be invested
on a daily basis.
Councilwoman Jorgenson stated that Anoka County is reluctant to
wire money and prefers to send a check. She stated that she would
recommend a letter be sent to the County in regard to the
possibility of wire transfer of taxes to the City's account.
Mr. Pribyl stated the County, in the past, has not been open to a
wire transfer.
Councilman Billings stated that rather than a letter, possibly a
resolution should be sent to the County Board.
Mr. Pribyl felt that other cities in Anoka County would also be
happy if the City passed such a resolution.
18. RESOLUTION NO. 9-1991 AUTHORIZING AND DIRECTING THE SPLITTING
OF SPECIAL ASSESSMENTS ON: LOT 2. BLOCK 1. NORTHCO BUSINESS
ARK•
.
MOTION by Councilman Billings to adopt Resolution No. 9-1991.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRID�EY C TY COIINCI 1[$BTI�iG OF J»Jl1RY ?. 1991 P�GB 15
19. ��O �j't'TON NO. 10 1991 AUTHORIZING AND DIRECTING THE
�D;�ITTINGl�'OMBINATION OF SPECIAL AS�ESSMENTS ON: LOTS 3, 4.
5 AND 6 BLOCK 2 NORTHCO BUSINESS PAR�:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 10-1991.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
20. INFORMAL STATUS REPORTS:
There were no informal status reports presented.
21. CLAIMS:
MOTION by Councilman Fftzpatrick to authorize payment of Claims No.
35525 through 35753. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
22. LICENSES:
MOTION by Councilwoman Jorgenson to approve the licenses as
submitted and as on file in the License Clerk's Office. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
23. �STIMATES:
MOTION by Councilman Billings to approve the estimates as
submitted:
Iierrick & Newman
205 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, l�T 55432
Services Rendered as City Attorney for
the Month of December, 1990 . . . . . . . . $ 4,590.70
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, l�T 55432
Services Rendered as City Prosecuting
Attorney for the Month of October, 1990. ..$ 9,321.00
� .1� �� ��: : , c • �_�1� s "
Pitt-Des Moines, Inc.
1015 Tuttle Street
Des Moines, IA 50309
Construction of the 1.5 MG
Elevated Water Reservoir
Project No. 201
Partial Estimate . . . . . . . . . . . . . . $44,823.38
AEC Engineers & Desiqners
511 - iith Avenue South
Minneapolis, 1�1 55415
Phase II- 3 MG Concrete Reservoir
Repair Project No. 200
(Inspection Services)
Partial Estimate . . . . . . . . . . . . . . $
Phase II - 3 MG Concrete Reservoir
Repair Project No. 200
(Inspection Services)
Partial Estimate . . . . . . . . . . . . . . $
Seconded by Councilman Schneider. Upon a voice vote,
aye, Mayor Nee declared the motion carried unanimously.
• � • ��l�!��yA
138.53
762.80
all voting
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of January 7, 1991 adjourned at 8:59
p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Approved:
William J. Nee
Mayor
2
CITY OF FRIDLEY
pLANNING COMMISSION MEETING, JANQARY 9, 1991
wN MMN N tiMN MM N�YNw ��A����MtiMwNMMNNr����MSMN�►Mw�YM�►rMr�N MM�Y�MMM��wY�YN�M
CALL TO ORDER•
Chairperson Betzold called the January 9, 1991, Planning Commission
meeting to order at 7:40.
ROLL CALL•
Members Present: Don Betzold, Dave Kondrick, Dean Saba,
Sue Sherek, Connie Modiq, Diane Savage,
Brad Sielaff
Members Absent: None
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Virgil Herrick, City Attorney
David Gronbeck, 701 4th Ave., S., Suite 1440,
Counsel for Fantasy House
Doug Erickson, Fridley Focus
Jim Kay, Crysteel Truck Equipment
Terri Mau, 7343 Hayes Street N.E.
Steve and Gayle Boswell, 6800 Washington Street
Helen Wojciak, 6280 Able Street
C. A. Halpin, 6390 Monroe Street
APPROVAL OF DECEMBER 12 1990. PLANNING COMMISSION MINUTES:
MOTION by Ms. Sherek, seconded by Mr. Saba, to approve the December
12, 1990, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
1. PUBLIC HEARING ON AN ORDINANCE REGULATING SEXUALLY-ORIENTED
BUSINESSES•
MOTION by Mr. Kondrick, seconded by Ms. Modig, to open the
public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED tJNANIMOIISLY AND THE PIIBLIC HEARING
OPEN AT 7:35 P.M.
Ms. Dacy stated that because of the location of the Fantasy
House in the Moore Lake Commons shopping center, the City
2A
PLANNING COMMIBSION MEETING. JANUARY 9. 1991 PAGE 2
Council directed the City Attorney's office and the Community
Development Department to prepare the proposed ordinance
regulating sexually oriented businesses for the Planning
Commission and City Council's consideration and approval. She
stated the ordinance contains the following nine sections:
1. Purpose and intent - this section clearly establishes
the intent of the City of Fridley to prevent additional
crime activity within the City and to prevent
deterioration of neighborhoods as a result of the
location of sexually oriented businesses.
2. Definitions - this section defines various types of
sexually oriented uses ranging from adult book and media
stores to adult novelty businesses such as the Fantasy
House.
3. This section requires that any sexually oriented business
cannot be constructed, altered, or enlarged for any
purpose which is not in conformity with the ordinance.
4. Nonconforming uses - this section states that all
sexually oriented business which were lawfully in
existence at the effective date of the proposed ordinance
are to be rendered nonconforming. These businesses will
have three years to relocate to either a conforming
location or relocate to another location outside of the
City.
5. Location - this section establishes the distances that
sexually oriented businesses must be from residential
areas, churches, schools, and parks. Sexually oriented
businesses must be 500 feet from any residential zoning
district boundary and 1,000 feet from churches, schools,
or parks which are adjacent to properties zoned
residential. Also, no sexually oriented business can be
located within 1,000 feet of another sexually oriented
business.
6. Hours of operation - the hours of operation for these
businesses will be limited to 8:00 a.m. to 11:00 p.m.
7. Operation - this
in the windows
visibility of a�
right-of-way, ai
the premises.
section regulates viewing of inerchandise
and doors, layout of display areas,
:cess into the business from the public
d provision of adequate illumination of
8. Signs - this section requires that proposed signs must
be in conformance with the City's sign ordinance.
.
pLANNING COMMISSION METsTING. JANIIARY 9. �991 PAQE 3
9. Licenses - this section stipulates the requirements and
procedures to obtain a license for this type of business.
This section also permits the City to investigate the
background of proposed sexually oriented business
operators. The term of the license will be for one year
only. The operator would have to renew the license 60
days prior to expiration. The ordinance also provides
procedures for suspension and revocation of the license.
Ms. Dacy stated the ordinance was developed by the City
Attorney's office. City staff reviewed the City of St. Paul's
1987 Adult Entertainment study, the adult use findings from
Phoenix, Arizona, the Adult Use study from Indianapolis,
Indiana, and the State of Minnesota's Attorney General's
report. Copies of these were included in the agenda.
Ms. Dacy stated staff tried to summarize key and major issues
from the studies. Staff believes the key findings apply to
the City of Fridley. The distances established in the
proposed ordinance are consistent with other communities'
ordinances and also will protect the value and neighborhood
quality of the areas surrounding the sexually oriented
businesses. Given the relationship between sexually oriented
businesses and the types of crimes, the requirements in the
licensing section of the proposed ordinance to regulate the
hours of operation and to provide for an annual license
process and investigation process are warranted.
Ms . Dacy stated that under the proposed ordinance, the Fantasy
House will become a nonconforming use. Under the terms of the
ordinance, the Fantasy House would have up to three years to
relocate to another location. The distances required in this
ordinance will permit location of sexually oriented businesses
in industrial and certain commercial areas (about 4�) of the
community.
Ms. Dacy stated staff is recommending that the Planning
Commission recommend approval of the proposed ordinance
amendment regulating sexually oriented businesses.
Mr. Herrick stated this ordinance was based substantially on
an ordinance out of Dallas, Texas. That ordinance has been
reviewed by the Federal Court System up to and including the
U. S. Supreme Court. He would like to emphasize that the
purpose of this proposed ordinance is to regulate the location
of sexually oriented businesses, not to prohibit or prevent
these businesses from locating in the City of Fridley. The
courts have made it clear that any activity that is protected
by the First Amendment has the right to locate within a
community, and that a community must provide adequate
locations for those types of businesses.
2C
PLANNING COMMISSION MEBTING, JANIIARY 9. 1991 PAGE 4
Mr. Herrick stated that in one of the cases, the U. S. Supreme
Court indicated that 5� of an area of a community would be
sufficient; and with the limitations being sugqested in the
ordinance, the areas that would qualify for the location of
sexually oriented business would be approximately 5$.
Mr. Herrick stated that one thing to keep in mind is that this
ordinance will allow legitimate adult uses, those businesses
which are not considered obscene. If there is a business that
the City feels is conducting an obscene sale or business, it
would be prosecuted through the use of the State Obscenity
Ordinance. He stated the difficulty comes in trying to
distinguish between what is a criminal activity and what is
not, and that is going to be something the City might be faced
with in the future. Again, this ordinance is only to limit
the location of legitimate adult use businesses in the City.
Mr. Betzold stated he believed this ordinance would not apply
to a video store that sold off-color videos or obscene
magazines.
Mr. Herrick stated that if the principal operation of a video
store or newsstand is the sale of adult magazines or adult
movies, the ordinance would apply; and if the video store or
newsstand is selling or renting movies that are for adults,
but that is not the principal portion of the business, then
it is the understanding of his office, and he believed of City
staff, that this ordinance would not apply.
Mr. Betzold stated a part of the ordinance says that no
sexually oriented business can be located within 1,000 feet
of another se�cually oriented business. In reading through
the other materials, it seems that kind of limitation is more
directed towards Minneapolis and the metro area where there
is a wider area and it is easier to separate these businesses.
Is this limitation too restrictive for the City of Fridley?
Mr. Herrick stated he did not think so, because, as shown on
the Fridley map, the areas where these businesses would be
allowed are scattered throughout the City. Even with the
1,000 foot separation, there could be locations for several
businesses. As near as he and his office can determine, these
restrictions, both in terms of the distance that is required
as far as separation, and the percentage of area in the
community that would be available, do meet the court tests.
Mr. Savage stated she is a Criminal Prosecutor with the Anoka
County Attorney's Office. She wanted to clarify that if there
was any complaint of a possible criminal violation; for
example, a video that was known to be pornographic, there
would be an investigation by the sheriff's office, whether it
2D
PLANNING COMMISSION MEETING, JANIIARY 9. 1991 PAGE 5
was a City Attorney matter or County Attorney matter. This
ordinance would have nothing to do with that kind of thing.
Mr. Herrick agreed. He stated this is a zoning ordinance,
not a criminal ordinance.
Mr. Steve Boswell, 6800 Washington Street N.E., stated the
studies listed by City staff state that adult uses in an area
result in an increase in crime and a decrease in property
values. Were those reports based on businesses dealing in
obscenity or businesses dealing in pornography?
Mr. Herrick stated the studies deal with adult sexually
oriented businesses, and he did not think any of them
attempted to categorize businesses as either pornographic or
obscene.
Ms. Terri Mau, 7343 Hayes Street N.E., stated that to say that
she opposed the ordinance would not be a fair statement
because it would be saying that she approves of pornography.
But, as a business person, she feels very strongly about any
ordinance that restricts business. To say that this type of
business in the City is going to bring in more crime is not
really true. Crime has been in this city long before there
was a Fantasy House. They had many problems before Fantasy
House.
Ms. Mau stated it bothered her that the City is planning to
put these businesses in certain areas. She would think these
businesses could be controlled better if they were in a
business district. They would be very visible and very
exposed. She stated the Fantasy House has gone out of its
way to make sure that minors are not allowed in the store.
The Fantasy House runs just a business, and to restrict it in
some ways, just because it is a sexually oriented business is,
in her opinion, uncalled for. She is concerned with the fact
that the City is considering passing an ordinance that puts
restrictions on a certain type of business that couldn't be
done to any other business, such as regulating business hours.
If the City wants to restrict these types of business, that
is fine, but restrict them so they are all in one place where
they are visible and the police can keep track of the
businesses' activities.
Mr. David Gronbeck, lawyer and counsel for the Fantasy House,
stated he would like to address several things about this
ordinance. He stated he has not seen the Dallas, Texas,
ordinance, but it seems very similar to the St. Paul
ordinance. He stated he spent a lot of time litigating with
St. Paul. St. Paul finally agreed with the Fantasy House's
legal counsel that the ordinance did not apply to the Fantasy
House--that the Fantasy House is not an adult use. That is
2E
PLANNING COMMI88ION MEETING. JANUARY 9. 1991 PAGE 6
the position taken by St. Paul, Minneapolis, St. Louis Park,
etc. Mr. Gronbeck stated he has a lot of questions about
whether the proposed ordinance, as written, will apply to the
Fantasy House in Fridley.
Mr. Gronbeck stated he questioned whether it is appropriate
to say that any adult use has to have opaque window covers.
For example, in Minneapolis, there is a bookstore which has
a lot of adult materials, but also sells baseball cards.
Would the City of Fridley say that those baseball cards cannot
be displayed in the window? He doubted it. He stated he
questioned a section of the proposed ordinance that requires
character references from residents of Anoka County. Last of
all, he would question a three year abatement of any
nonconforming uses. Fantasy House is the only existing
nonconforming use that applies to this ordinance, so they are
saying the Fantasy House has to move to an industrial area or
get out of town in three years. He believed the Fantasy House
has a six year lease, and he did not think that kind of
provision is reasonable.
Mr. Gronbeck stated the Cities of Minneapolis and St. Paul
and other municipalities do not regard the Fantasy House as
being governed by the adult use ordinance, and he questioned
the applicability of any studies that talk about crime, etc.
This is a business that has a somewhat unconventional line of
merchandise, but is hardly in the category with bookstores,
video parlors, and the like. It would probably be helpful for
everyone to devote some more thought to the question of: What
does the City of Fridley really want to regulate? Do they
want to go after businesses like the Fantasy House, or do they
want to attack things like the adult movie theatres, etc.?
Mr. Gronbeck stated he would be glad to provide the Planning
Commission with a copy of the dismissal from the City of St.
Paul.
Mr. Betzold stated that assuming this ordinance does not apply
to the Fantasy House, how did Mr. Gronbeck feel about the
wisdom or validity of having a zoning restriction for sexually
oriented businesses?
Mr. Gronbeck stated that again the question is: What does
the City of Fridley want to regulate? The broader the scope
of the ordinance, the more problems he saw. Does a business
become a sexually oriented business if it has a half dozen
products on the shelf that fit within the definition? If the
question is a policy question, does he see a problem with
regulating by location? The answer is, no, if it is otherwise
reasonable. He would echo the comments made by Ms. Mau, and
he had problems with saying these businesses should be located
next to a factory and not in a strip mall. It didn't seem to
2F
PLANNING COMMISSION MEETING. JANtTARY 9. 1991 PAQE 7
him that a business that sells some products that might be
limited in use to adults in any way offends the Subway or
Sears or its other neighbors. He supposed it was a different
question if it was next to a daycare center.
Mr. Gronbeck asked how broadly the City wanted to draw its
definition of sexually oriented businesses. He stated the
problem is that the� standards seem to be changing all the
time. They now have every drugstore in town openly displaying
and hawking products a drugstore would not have dared put on
open shelves 5-10 years ago.
Mr. Betzold stated Mr. Gronbeck had made the following points:
(1) He did not believe the proposed ordinance applies to the
Fantasy House; (2) he questioned the need for opaque windows;
(3) he questioned the character references; and (3) he
questioned the 3 year nonconforming issue.
Mr. Gronbeck stated he believed those are the points he made.
He did not take any position on whether the ordinance as a
whole is constitutional or not. He was certain the City could
write a constitutional ordinance, but he is much more
concerned whether it even applies to the Fantasy House. If
it doesn't apply, it does not matter to him.
Mr. Gronbeck stated that as matter of business policy, his
client does not allow minors in the store, because some of
the products might not be appropriate and for shoplifting
reasons.
Mr. Steve Boswell, 6800 Washington Street N.E., stated he is
certainly in favor of the ordinance. Quite a few people have
been picketing the Fantasy House for about five months. He
would like to address some of the points raised by the Fantasy
House's attorney. First of all, the question about whether
the Fantasy House is an adult oriented business, and they only
allow adults into the Fantasy House. He did not know of any
shoe stores or drug stores that limit the age of their patrons
to 18 in order to solve a shoplifting issue.
Mr. Boswell stated the City of St. Louis Park did prosecute
the Fantasy House approximately one year ago based on a movie
that was purchased at the store. The person thought it was
obscene and took it to the City. The City thought it was
obscene and decided to prosecute. That charge was later
bargained down to the same or similar charges meaning that
unless the owner tried to sell such a movie again within a
period of one year and was prosecuted for it, his record would
remain clean. Since then, a movie was purchased at the St.
Louis Park store. The name of the movie is "Ass Masters".
It was found obscene in the Ferris/Alexander trial, and the
City of St. Louis Park is investigating what it will take to
2G
PLANNING COMMI88ION MEETING, JANIIARY 9, 1991 PAGE 8
prosecute under that. The State Attorney General's office has
urged the St. Louis Park to prosecute under obscenity charges.
Frankly, the main reason there are not more prosecutions is
because the first prosecution has to be financed by the City,
and most cities are not willing to undergo the tens of
thousands of dollars it takes to fight the "porn" attorneys.
So, no one can say the Fantasy House has an extremely clean
record.
Mr. Boswell stated one of the items they purchased at the
Fantasy House for purposes of prosecution under obscenity was
an item called the T-15 Trainer. It is harness that fits
around a woman's head and forces a rubber ball into her mouth.
There are hooks on the side of the harness and the directions
on the harness say that the purpose is to bind the "slave" and
to force the ball deep into her mouth.
Mr. Boswell stated he would like to describe a few of the
things that are sold at the Fantasy House, and the Commission
members could decide whether or not they thought it is an
adult oriented business. Besides the T-15 Trainer, there are
chains and whips, some of them with descriptions for rape and
simulated rape, movies such as the one found at the St. Louis
Park store and found obscene in the Ferris/Alexander trial;
also nighties and lotions. He stated they are not complaining
about the nighties and lotions; it is all the other things the
store sells, and they definitely believe this is an adult
oriented business.
Mr. Boswell stated that as far as visibility and location of
the store, in its present location, he knows minors have been
in the store who have not been carded. He knows that because
he has spent hundreds of hours picketing the store, and he has
watched people go into the store. Some are carded; but he
would assume that many are not carded. One evening he
observed some teenage boys holding up a video camera and
taking pictures inside of the store. Because of its present
location, the store is very accessible to this kind of thing.
It is very important to get that type of business out of a
family shopping center.
Mr. Boswell stated that in December he presented the City
Council with a petition of 2,200 signatures gathered from
residents of Fridley and people who work and shop in Fridley.
There were three main points on the petition: (1) urging the
City to pass a stronger obscenity statute, particularly to get
rid of the torture devices being used for rape and simulated
rape (2) urging the City to pass a zoning ordinance; (3) a
directive to the State of Minnesota for a stronger obscenity
statute.
2H
pLANNING COMMISSION MESTING. JANQARY 9. 1991 PAGE 9
Mr. Boswell stated he would like to refer to a couple of
things in the proposed ordinance. He referred to 2.A (under
Definitions): "Adult Book and Media Store: An establishment
having as a substantial portion of its stock in trade or stock
on display books, magazines, films, videotape, or other media
which are characterized by their emphasis on matter depicting,
describing, or relating to 'Specified Sexual Activities' or
'Specified Anatomical areas'."
Mr. Boswell stated that, as he understood that, that means
that if there is a store the size of K-Mart, they could have
only 25� of their business in this type of adult materials,
and it would not be considered substantial. The meaning is
a little vague, and the Commission might want to take a look
at it. Adult materials cannot be viewed by children and in
an area that is zoned for family businesses, a business should
probably be considered an adult business based on the fact
that there is more than one item, rather than requiring a
"substantial" amount of items. He also suggested the
Commission change the heading to "Adult Book and or Media
Store".
Mr. Boswell stated he questioned Section 7.0 under Operation.
He did not know if Section C referred to the covering of the
windows or not.
Mr. Boswell stated they are definitely in favor of this
ordinance. There has never been a City that has had a
decrease in the crime rate after a porn shop has moved in.
The space next to Fantasy House has been vacant since the
Fantasy House moved in, and he doubted a business would be
moving in very soon. All other cities have shown that there
is a definite link between adult oriented businesses and the
type of clientele they draw and the crime rate. While there
may have been crime in Fridley before Fridley had pornography,
they can be sure that it will increase because of it. He
stated they are urging the Planning Commission to recommend
approval of this zoning ordinance amendment.
Ms. Gayle Boswell, 6800 Washington Street N.E., stated she
has also picketed for many hours in front of the Fantasy
House, and thought she was pretty knowledgeable about the
people who go in and out. They have seen many minors go in.
This is a family mall and not an appropriate place for the
Fantasy House. She stated she works for the school district
and is around a lot of teenagers. Since the Fantasy House
opened, there has been a lot of teasing and joking about the
Fantasy House. She knows some of those kids have been in the
Fantasy House, even if it is to walk in and get carded and
walk out. That concerns her very much because of what the
teenagers see when they walk in. Morning walkers have picked
21
PLANNINa COMMISSION ME$TING JANUARY 9 1991 PAGE 10
up some very nasty trash left by people who have shopped at
the Fantasy House.
Ms. Boswell stated that regarding the opaque windows, right
now the Fantasy House has curtains in front of the windows.
There has been many times when it has been easy to see through
those windows. Children do not need to see the things in this
store and be confused by them. Let's take it out of the
family area where there are children, because it is too
accessible to the children.
Mr. Gronbeck stated his client tells him that minors are
typically carded and not permitted inside. He stated the City
has a very interesting ordinance. If they make an adult use
the sale of any product that fits within the definition, they
will have to license every drugstore in town. He is
unconvinced that the ordinance, as drafted, would apply to the
Fantasy House.
Mr. Betzold asked Mr. Gronbeck if he had any information about
the prosecution of the Fantasy House in St. Louis Park.
Mr. Gronbeck stated he was unaware of any prosecutions of that
sort, as he was not representing the Fantasy House at that
time. He stated he will be happy to check into it and provide
City staff and the City attorney with that information, as
well as the dismissal of the St. Paul ordinance.
Ms. Helen Wojciak, 6280 Able Street N.E., stated she also
pickets the Fantasy House. She hoped the Planning Commission
members have visited the Fantasy House to see what it is
really like. The people who go there are people not normally
seen in this neighborhood. These are the people being drawn
to this area by the Fantasy House. It isn't until a child is
raped or something terrible happens in this neighborhood that
someone will do something about it. They want something done
before anything happens.
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the
public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT
8:35 P.M.
Mr. Betzold asked the Commissioners if they wished to make
any changes to Section 9.1.D regarding the fact that the
application for license shall contain names, addresses, and
telephone numbers of two persons who shall be residents of
Anoka County.
2J
PLANNING CO�ISSION MEETING. JPiNUARY 9. t991 PAGE 11
The Commission members agreed there should be no change to
Section 9.1.D.
Ms. Modig stated that a comment was made that limiting hours
was putting a restraint on small business; however, the City
does set limits on other adult-type businesses.
Ms. Sherek stated the City has even limited the hours of
operation for Menards.
Mr. Saba stated in many cases with special use permits
applications, they have limited hours because of the proximity
to residential areas or other areas.
Ms. Modig stated maybe they should clarify Section 7.C. so
there is no doubt that this statement refers to the inside of
the store.
Ms. Savage agreed with the change suggested by Mr. Boswell
for Section 2.A.
Ms. Modig stated she has visited the Fantasy House, and they
do have everything mentioned by Mr. Boswell. She did not like
these things, but she had a difficult time with limiting with
what people can sell and how they can sell it. But, she also
realize they need some control over adult oriented businesses
so they don't have them all over the City. She uses this
shopping center a lot, and she has seen children and teenagers
go into the Fantasy House. Whether they are carded or not,
she did not know. They do need to address this issue; and
they are doing that, and if the obscenity statute would make
a change, they should look into that also. One of the
studies said that where there is a higher concentration of
adult oriented businesses in one area, there is a higher crime
rate than if they were not concentrated into certain areas.
In essence, they would be doing that because there are not too
many areas left, and they are limiting them to little pockets
in the City. That concerned her.
Ms. Dacy stated that it helps to separate the businesses by
1,000 feet. There is another philosophy that concentrating
all these businesses in one area is more detrimental than
separating them throughout the community. There have probably
been studies both ways. The areas that remain within Fridley
are secluded as they are within major industrial areas and
some commercial areas. It is the best attempt to put the
adult oriented businesses in a location that is going to
preserve the quality of life in terms of the residential areas
of the community.
Mr. Kondrick stated he would be in favor of the ordinance with
some of the changes discussed.
2K
pLANNING COMMISSION MEETING JANIIARY 9 1991 PAGE 12
Mr. Betzold stated that the issue as presented to the
Commission is to address the zoning issues of the City. He
did not have a problem with saying an adult business has to
be in one area as opposed to another. The problem comes in
defining what constitutes an adult oriented business. If this
ordinance is intended for the Fantasy House, that may or not
be accomplishing the�goal because the ordinance may or may not
apply to the Fantasy House. He is trying to separate the
Fantasy House from the ordinance amendment.
Mr. Saba stated children are confused enough when it comes to
sex materials. This is and always has been a family shopping
center. He is very concerned with what the children are being
exposed to, and he could support the ordinance without any
problem.
Mr. Sielaff stated he believed that the Fantasy House is an
adult oriented business, whether it is called "other adult
use" or not. He believed the Planning Commission should
recommend approval of this ordinance amendment.
Ms. Savage stated she supported the ordinance.
Ms. Modig stated that, as Mr. Betzold has said, there are two
different issues here. This ordinance may or may not affect
the Fantasy House if the Fantasy House's attorney is found to
be correct. At this time, the Commission has to be concerned
about the ordinance amendment which addresses sexually
oriented businesses in Fridley.
MOTION by Mr. Kondrick, seconded by Ms. Modig, that the
Planning Commission has reviewed the various studies and
ordinances from other cities and has found the findings from
those studies and ordinances to be applicable to the issues
in the City of Fridley; therefore, the Planning Commission
recommends to the City Council approval of an ordinance
regulating sexually oriented businesses with the following
amendments:
1. Section 2.A.: Adult Book and or Media Store
2. Section 7.1.C.: The layout of the display areas
shall be designed so that the management of the
establishment and any law enforcement personnel
inside the store can observe the patrons...
IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Ms. Dacy stated the City Council will establish a public
hearing for February 11, 1991.
2L
PLANNING COMMISSION MESTING. JANUARY 9. 1991 PAGE 13
2. PUBLIC HEARING ON A ZONING ORDINANCE AMENDMENT TO PERMIT
SEXUALLY ORIENTED BUSINESSES IN THE C-2 GENERAL BUSINESS,
AND C-3 GENERAL SHOPPING CENTER DISTRICTS� AS A PERMITTED
USE AND AS A SPECIAL USE IN THE M-1 LIGHT INDUSTRIAL, AND
M-2. HEAVY INDUSTRIAL DISTRICTS:
MOTION by Ms. Sherek, seconded by Mr. Kondrick, to open the
public hearing.
IIPON A VOIC$ VOTE, ALL VOTING AYS, CSAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING OPEN AT
8:55 P.M.
Ms. Dacy stated that as a result of the distance analysis,
staff determined that there are small areas of the C-2 zoned
properties available for these sexually oriented businesses,
some C-3, and a substantial amount of industrial area. This
ordinance amendment adds the term "sexually oriented business"
to the Zoning Code. In the C-2 and C-3 district, it would add
it as a permitted use, subject to the terms and conditions of
the ordinance which was just recommended for approval. In the
industrial districts, it is recommended as a special use
permit to be consistent with previous city action for
commercial uses in industrial districts. It would be listed
in the M-1 and M-2 districts as a special use penait,
conditioned upon the ordinance that was just recommended for
approval, plus the standards that are in place right now for
commercial uses for multi-tenant buildings.
MOTION by Ms. Sherek, seconded by Mr. Saba, to close the
public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED l�ND THE PIIBLIC HEARING CLOSED AT
9:00 P.M.
MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend
to City Council approval of the proposed zoning ordinance
amendment permitting sexually oriented businesses in the C-2
and C-3 districts as a permitted use, and in the M-1 and M-2
districts with a special use permit as follows:
205.17 M-1 Light Industrial District Regulations
1. Uses Permitted
C. Uses Penaitted With A Special Use Permit.
(12) Sexually oriented businesses as defined
and regulated in Chapter of the
Fridley City Code. Sexually oriented
businesses .shall meet the standards
2M
pLANNING COMMI88ION ME$TING, JANIIARY 9. 1991 PAaS 14
required for commercial uses as stated in
Section 205.17.01.C.(3).
205.18 M-2 Heavy Industrial District Regulations
1. Uses Permitted
C. Uses Permitted With A Special Use Permit.
(13) Sexually oriented businesses as of lthe
and regulated in Chapter
Fridley City Code. Sexually oriented
businesses shall meet the standards
required for commercial uses as stated in
Section 205.18.O1.C.(3).
IIPON A VOICB VOTE, ALL VOTIWG AYE, CSAIRPERSON BETZOLD
DECLARED TSE MOTION CARRIED IINANIMOIISLY.
3. Tabled PUBLIC HEARING: CONSIDERATION OF A REZONING ZOA
#90-06, BY CRYSTEEL TRUCK EQUIPMENT:
To rezone that part of the east 225 feet of the west 475 feet
of the north half of the northeast quarter of the southwest
quarter of Section 12, T-30, R-24, Anoka County, Minnesota,
lying north of the south 405.60 feet of said north half of the
northeast quarter of the southwest quarter, from M-1, Light
Industrial, to C-2, General Business, the same being 1130 -
73rd Avenue N.E.
MOTION by Ms. Sherek, seconded by Mr. Saba, to remove the item
from the table and open the public hearing.
IIPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT
9:05 P.M.
Ms. McPherson stated the property is located at 1130 - 73rd
Avenue N.E. The property is currently zoned M-1, Light
Industrial. Currently, there is a building located on the
property which is being used for the assembly and installation
of after market truck equipment.
Ms. McPherson stated the petitioner is requesting to change
the zoning from M-1, Light Industrial, to C-2, General
Business, in order to apply for a special use permit to allow
for the outdoor display of inerchandise which is a special use
in the C-2 district regulations.
Ms. McPherson stated the analysis indicated that both the
SuperAmerica and Rapid Oil sites which are adjacent to the
subject parcel are also zoned M-1, Light Industrial, but are
more commercial in nature. The Central Avenue Corridor Study
2N
pLANNING COMMI88ION ME�TING JANUARY 9 1991 PAGE 15
completed by staff in 1989-90 recommended that properties
directly adjacent to Highway 65 be rezoned from an industrial
designation to a general business designation.
Ms. McPherson stated Crysteel's use of this current building
is predominately assembly with some sales and repair occurring
from the site. The C-2, General Business, district does allow
automobile service station and repair garages as a special use
in the district. However, because of the types of vehicles
that Crysteel does repairs and assembly work on are defined
by statute as "heavy" vehicles, the code would define the
facility as a heavy repair garage and not just a standard
repair garage. The heavy repair garage is not a permitted use
in the C-2 district, nor is it defined as a special use in the
C-2 district.
Ms. McPherson stated that by approving this particular
rezoning request, the current use of the property would be
rendered nonconforming and any future expansion of the
property or the use would not be permitted. The property
would meet the minimum requirements of the C-2 district for
lot area, lot coverage, and lot width. The property itself
did receive variances in 1988 for side corner and hard surface
setbacks.
Ms. McPherson stated staff recommends that the Planning
Commission recommend. denial of the rezoning request as the
use of the property does not fit under the C-2, General
Business, district regulations. Approving the rezoning
request would render the property nonconforming under the
zoning code.
Ms. McPherson stated the Commission has received documentation
from the City Attorney regarding the request and the
interpretation of the Zoning Code by staff.
Mr. Jim Kay, General Manager for Crysteel Truck Equipment in
Fridley, stated the members of the planning staff have been
very cooperative. He very much appreciated their openness
and willingness to discuss this issue.
Mr. Kay stated that Crysteel Truck Equipment is a subsidiary
of Crysteel Distributing which is located in Lake Crystal,
Minnesota, where they have been in business for about 18
years. They have been in the Twin Cities area for
approximately 5 years, and in the current location in Fridley
for just over 2 years. He has been with the company for a
year and at the Fridley store since the first of October 1990.
Mr. Kay stated that as indicated in the second attorney's
opinion, they do not have a specific thing in either the M-1
or the C-2 zoning districts that specifically applies to
20
PLANNING COMMISSION MESTING. JANUARY 9. 1991 PAGE 16
Crysteel Truck Equipment and the things they do. He has a
problem with some of the things the attorney has said and
would like to address those issues with the Planning
Commission and City Council. They seem to have their foot in
one zone and the other foot in another zone. Some of that is
brought about by the fact that their business has been
changing over the last few years. When they first came to
Fridley, about 95� of the business done at this store was the
sale of after market truck equipment which would be physically
installed on a truck chassis. Over time they have found that
both the demands of a profit driven business and the demands
of the market place have caused a change. Now about 85� of
their business is of that nature, and he anticipates that if
they can work out the conflicts between them and the City,
their goal will change to 75� of their business of that
nature.
Mr. Kay stated their business has grown considerably faster
than they anticipated. They have increased sales volume from
$1.8 million in fiscal 1989 to a little over $3 million in the
year ending October 30, 1990. If they continue to grow at
that rate solely by doing what they have always done, then
some of their problems will multiply. They are seeking relief
in three areas:
1. Outside storage of finished truck units and other
equipment due to numbers of units in the yard.
2. Outside storage of finished truck units and other
equipment due to the need to promote their products .
3. Changing product mix reflecting increases in
equipment and related products which need not go
through the shop.
Mr. Kay stated they would like to be able to use specifically
the parking area during the daytime store hours for periodic
parking of equipment. They need the parking for two reasons:
(1) to promote the products they sell; and (2) because of the
limited nature of the site, they cannot get enough trucks
going through the process at one time and it becomes very
congested. They would only put new equipment out there that
would not be junky, and they do not feel it would be
detrimental to the appearance of the general area.
Mr. Kay stated he respected the City Attorney's opinion, but
he accepted it only as an opinion. It was an opinion of the
ordinance that they are not a repair garage and, therefore,
do not have a restriction to the heavy repair garage. They
are an equipment dealer, and that equipment needs to be
installed on vehicles. That is part of the service they
provide to their customers.
2P
pLANNING COMMISSION MESTINQ. JANUARY 9. 1991 PAGE 17
Mr. Kondrick stated the fact that Crysteel services what they
sell might be part of the problem in the differences of
opinion.
Ms. Sherek stated that several of the Planning Commission
members were on the �Planning Commission three years ago when
the people who owned Crysteel came in seeking to build the
building. Crysteel is not a new business. Crysteel was
formerly in the Hydraulic Specialties building. They were
illegally parking vehicles before the building was
constructed, and that was the reason for the limitation placed
on the special use permit when the building was constructed.
Crysteel has a special use permit and continues to violate
that special use permit. The Planning Commission talked
extensively about the limitations of the size of the property
with the need for setback variances and special use permit,
etc. , with the principals of the company when the business was
built. If that was not acceptable at that time, why did they
agree to the limitations and build on property where they knew
there were going to be problems?
Mr. Kay stated he can only speculate as he was not associated
with the company at that time.
Mr. Kay stated Crysteel's problem is that given the volumes
the business has moved to, there are times when they cannot
fit everything in the back of the site. They have rented
space across the street, but that is not sufficient. If the
end result is that the Planning Commission and City Council
don't see the solution to the problem as suggested by
Crysteel, either by a variation or a change in the special use
permit or some other resolution, then fairly soon he will have
to go back to the owners of the company and tell them that the
building is not adequate and something else will have to be
done.
Mr. Kondrick stated that Crysteel may be pursuing something
that should not be pursued, and maybe they are trying to put
too large a business in too small an area.
Ms. Sherek agreed with Mr. Kondrick. This site is very
limited, and too many things are being crammed on a very small
parcel of pzoperty. Maybe Crysteel, in fact, has outgrown
this site and should be looking for a larger site.
Mr. Betzold stated he also agreed. They can go around and
around about whether the business should be in an M-1 zone or
C-2 zone. Looking ahead, they have to agree that Central
Avenue Corridor ought to be more C-2 zoning. And, the
question is being raised: Where does Crysteel fit in?
Crysteel's neighbors, Rapid Oil and SuperAmerica, are
2Q
PLANNING COMMISSION MEETING, JANIIARY 9. 1991 PAGE 18
radically different from Crysteel. He stated there are places
for the type of business Crysteel�does, whether it is in
Fridley or another community. The City wants to solve a lot
of the problems in this area, not create new ones.
Mr. Kay stated that he is concerned with the "Uses Excluded"
in the M-1 district: "Any use allowed or excluded in any
other district unless specifically allowed under Uses
Permitted of this district are excluded in M-1 districts."
iie is trying to find the common ground. He did not want to
spend a lot of time changing the product mix and successfully
bringing on new lines, etc., to sell out of their store and
then find out that as they do that, they are violating the
intent of the M-1 zone. At the same time, he does not want
to park vehicles outside the parking lot and have the Code
Enforcement Officer issuing fines or revoking their special
use permit.
Mr. Betzold stated heavy industrial districts are different
from commercial in that businesses in commercial districts
have to be in areas where there are a lot of people and
traffic or they will not survive. Industrial businesses do
not need that. It is his feeling that Crysteel is like that.
Their customers will come to them whether they are on or off
a main street.
Mr. Kay stated that is true to a certain extent, but there is
no doubt that there is an advantage to being on a main street.
Mr. Kay stated that he does not care if the property is
rezoned or not. It was simply a vehicle to get before the
Planning Commission to see if there is a way the City and
Crysteel can work together to solve Crysteel's problems.
Mr. Betzold asked if the Planning Commission could approve the
rezoning and deny the special use permit.
Ms. Dacy stated that in order for Crysteel to not only store
the vehicles but to display them for sa2e, the Planning
Commission and City Council have to grant the rezoning and
the special use permit.
Mr. Betzold stated they seem to be spending a lot of time
discussing the rezoning and yet there is another part to this,
and that is the special use permit request. This particular
area has both M-1 and C-2 zoning in it. He believed the big
problem involves the outdoor storage. �
[ Zl I
PLANNING COMMI88ION MEETING, Jl�NUARY 9. 1991 PAGE 19
4. (Tabled) PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE
PERMIT SP #90-19 BY CRYSTEEL TRUCK EOUIPMENT:
Per Section 205.17.O1.D.(11) of the Fridley City Code, to
allow exterior storage of materials and equipment on that part
of the east 225 feet of the west 475 feet of the north half
of the northeast quarter of the southwest quarter of Section
12, T-30, R-24, Anoka County, Minnesota, lying north of the
south 405.60 feet of said north half of the northeast quarter
of the southwest quarter, the same being 1130 - 73rd Avenue
N.E.
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to remove the
item from the table and open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT
9:50 P.M.
Ms. McPherson stated the petitioner is requesting that a
special use permit be granted for either of two conditions:
1. To allow outdoor display of inerchandise in the C-2,
General Business District; or
2. To amend stipulation #7 from SP #$$-01, which
requires that "no display or sale or otherwise of
trucks or equipment shall be permitted outside the
storage yard on or off site."
Ms. McPherson stated that based on the C-2 district
regulations, staff does not believe Crysteel fits under the
C-2 regulations; therefore, this special use permit would not
be appropriate at this point.
Ms. McPherson stated that under the M-1 zoning, the district
regulations require that all storage occur in the rear and
side yards. In addition, the code requirements do not include
the outdoor display of inerchandise.
Ms. McPherson stated staff is recommending that Crysteel be
required to store and display all materials and equipment as
required with the original special use permit. The
requirement of storage of such materials is consistent with
past and recent requests that have come before the Planning
Commission. Staff is recommending that the Planning
Commission recommend to City Council denial of the special
use permit to allow the outdoor display of inerchandise in the
C-2, General Business District, or to amend stipulation #7
from the original special use permit, SP #88-01.
2S
PLANNING COMMI88ION MEETING. Jl�TUARY 9. 1991 PAGE 20
OM TION by Mr. Kondrick, seconded by Ms. Sherek, to close the
public hearing for the rezoning and special use permit
requests.
IIPON A VOICE VOTE� l�LL VOTING AYE, CHAIRPERSON B13TZOLD
DECLARED THE PIIBLIC HEARINGB CLOBED AT 9:55 P.M.
Mr. Kondrick stated this business has just outgrown this
location.
Mr. Saba stated he sympathized with the business owner, but
he did not think they should recommend a change in the
ordinance to allow outdoor storage in an M-1 district or to
approve a special use permit for outdoor storage, especially
with the history of violations at this location.
Ms. Sherek stated she concurred with the City Attorney's
opinion. She did not see this as a C-2 use, so they would be
rezoning the property for a use that it is not currently being
used for.
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend
to City Council denial of rezoning, ZOA #90-06, by Crysteel
Truck Equipment, to rezone that part of the east 225 feet of
the west 475 feet of the north half of the northeast quarter
of the southwest quarter of Section 12, T-30, R-24, Anoka
County, Minnesota, lying north of the south 405.60 feet of
said north half of the northeast quarter of the southwest
quarter, from M-1, Light Industrial, to C-2, General Business,
the same being 1130 - 73rd Avenue N.E.
IIPON A VOICB VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED IINANIMOIISLY.
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend
to City Council denial of special use permit, SP #90-09, by
Crysteel Truck Equipment, per Section 205.17.O1.D.(11) of the
Fridley City Code, to allow exterior storage of materials and
equipment on that part of the east 225 feet of the west 475
feet of the north half of the northeast quarter of the
southwest quarter of Section 12, T-30, R-24, Anoka County,
Minnesota, lying north of the south 405.60 feet of said north
half of the northeast quarter of the southwest quarter, the
same being 1130 - 73rd Avenue N.E.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Ms. Dacy stated that on January 28, 1991, the City Council
will establish a public hearing for both the rezoning and
special use permit requests for February 11, 1991.
2T
PLANNING COMMISSION l�EETIN(�, JliN�TARY 9. 1991 PAGE 21
5. RECEIVE THE NOVEMBER 20 1990 ENVIRONMENTAL OUALITY AND
ENERGY COMMISSION MINUTES:
MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the
November 20, 1990, Environmental Quality and Energy Commission
minutes.
OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPSRSON BETZOLD
DECLARED TH$ MOTION CARRIED IINANIMOQSLY.
6. RECEIVE THE DECEMBER 3 1990 PARKS & RECREATION COMMISSION
MINUTES•
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive
the December 3, 1990, Parks & Recreation Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE� CBAIRPERSON BETZOLD
DECLARED THE MOTION CARRIED IINANIMOUSLY.
ADJOURNMENT•
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the
meeting. Upon a voice vote, Chairperson Betzold declared the
motion carried and the January 9, 1991, Planning Commission meeting
adjourned at 10:05 p.m.
Res�ectfully s mitted,
,
�, � t�. � . ,�L
L e Saba
Recording Secretary
2U
sia�-s� s8ass
PLl1NNING COZQiI66ION I�ETIZIG, January 9, 1991
Name Address/Business
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Community Development Department
P G DrviSION
City of Fridley
DATE: January 24, 1991 ��
.
TO: William Burns, City Manager�,
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Establish Public Hearing for Ordinance
Regulating Sexually Oriented Businesses
The Planning Commission conducted a public hearing regarding the
proposed ordinance to regulate sexually oriented businesses on
January 9, 1991. The Planning Commission recommended approval of
the ordinance subjec� to minor modifications. Staff recommends the
City Council establish February 11, 1991 as the public hearing date
for this matter.
The zoning ordinance amendment to permit sexually oriented
businesses within commercial and industrial districts is also
scheduled later on the agenda to establish a public hearing.
BD/dn
M-91-46
� _
�
DATE:
TO:
FROM:
SUBJECT:
Background
, 2W
Community Development Department
P G D�SION
City of Fridley
January 4, 1991
Planning Commission Members
Barbara Dacy, Community Development Director
Proposed Ordinance Amendment Regulating
Sexually Oriented Businesses
As a result of the location of the Fantasy House in the Moore Lake
Commons Shopping Center, the City Council requested staff to
prepare an ordinance regulating sexually oriented businesses.
Since August I990, staff has been reviewing other communities'
studies regarding the impact of adult'uses on the quality of life,
researching other communities' ordinances, and the City Attorney's
office has spent a significant amount of time researching the
obscenity and pornography statutes. A major part of this analysis
included creating required distances between sexually oriented
businesses and residential areas, schools, churches, and park
facilities.
Proposed Ordinance
The proposed ordinance contains the following sections:
1. Purpose and intent - this section clearly establishes the
intent of the City of Fridley to prevent additional crime
activity within the City and to prevent deterioration of
neighborhoods as a result of the location of sexually oriented
businesses.
2. Definitions - this section defines various types of sexually
oriented uses ranging from adult book and media stores to
adult novelty businesses such as the Fantasy House.
3.
4.
This section requires that any sexually oriented business
cannot be constructed, altered, or enlarged for any purpose
which is not in conformity with the ordinance.
Nonconforming uses - this section states that all sexually
oriented business which were lawfully in existence at the
effective date of the proposed ordinance are to be rendered
2X
Sexually Oriented Business
January 4, 1991
Page 2
nonconforming. These businesses will have three years to
relocate to either a conforming location or relocate to
another location outside of the City.
5. Location - this section establishes the distances that
sexually oriented businesses must be from residential areas,
churches, schools, and parks. Sexually oriented businesses
must be 500 feet from any residential zoning district boundary
and 1,000 feet from churches, schools, or parks which are
adjacent to properties zoned residential. Also, no sexually
oriented business can be located within 1,000 feet of another
sexually oriented business.
6. Hours of operation - the hours of operation for these
businesses will be limited to 8:00 a.m. to 11:00 p.m.
7. Operation - this section regulates viewing of inerchandise in
the windows and doors, layout of display areas, visibility of
access into the business from the public right-of-way, and
provision of adequate illumination of the premises.
8. Signs - this section requires that proposed signs must be in
conformance with the City's sign ordinance.
9. Licenses - this section stipulates the requirements and
procedures to obtain a license for this type of business.
This section also permits the City to investigate the
background of proposed sexually oriented business operators.
The term of the license will be for one year only. The
operator would have to renew the license 60 days prior to
expiration. The ordinance also provides procedures for
suspension and revocation of the license.
Findinqs from Other Communities' Studies
We reviewed the City of St. Paul's 1987 Adult Entertainment study,
the adult use findings from Phoenix, Arizona, the Adult Use study
from Indianapolis, Indiana, and the State of Minnesota's Attorney
General report. Key findings from these studies are as follows:
St. Paul
1. A nation-wide survey of realtors has indicated that the
negative impact of adult uses decline significantly at a
distance of three blocks.
2. Crime rates relate to establishment of adult businesses in a
threshold fashion such that there is a significantly higher
crime rate with two adult businesses in an area than with only
one business. �
2Y
Sexually Oriented Business
January 4, 1991
Page 3
3. Confining adult uses to relatively few possible locations
(using large buffer requirements) is a trade-off. It protects
residential neighborhoods but creates potential problems
associated with high concentrations of such businesses in one
general area.
4. Adult uses are appropriate for confinement to industrial
areas, since they have a negative impact on the residential
envirorunent and are incompatible with residential uses.
Phoenix, Arizona
1. The City of Phoenix's study showed that the concentration of
adult businesses increases the rate of sex crimes that occur.
2. In areas where adult uses were located, there was a greater
number and amount of sex crimes versus property and violent
crimes.
Indianagolis. Indiana
1. The City of Indianapolis' study showed that the average crime
rate in study areas (areas where adult uses existed) was 23�
higher than in control areas (areas where adult uses were not
located).
2. The sex crime rates are 77� higher in study areas.
3. Crime rates were 56� higher where sexually oriented businesses
were located in predominantly residential areas.
4. Housing values, while higher in the study areas, only
appreciated at 1/2 the rate of the control areas.
Attornev General's Report
1. Communities need to establish findings for both zoning
ordinance requirements and licensing requirements, and set
distances between schools, churches, parks, and residential
areas.
2. Sexually oriented businesses have a positive effect on the
crime rate index.
3. Sexually oriented businesses are and continue to be associated
with higher crime rates.
4. Studies have shown that there is a correlation between the
location of sexually oriented business and neighborhood
deterioration.
2Z
Sexually Oriented Business
January 4, 1991
Page 4
5. Studies have also shown that there is a higher crime rate in
areas with two or more sexually oriented businesses.
6. Housing values are significantly lower in areas with three
sexually oriented businesses than with one.
Recommendation and Conclusion
Staff believes the key findings in the above cited reports apply
to the City of Fridley. The distances established in the proposed
ordinance are consistent with other communities' ordinances and
also will protect the value and neighborhood quality of the areas
surrounding the sexually oriented business. Given the relationship
between sexually oriented businesses and the types of crime, the
requirements in the licensing section of the proposed ordinance to
regulate the hours of operation and to provide for an annual
license process and investigation process is warranted.
The Fantasy House will be a nonconforming use by virtue of the
adoption of this ordinance. Under the terms of the ordinance, they
will have up to three years to relocate to a conforming location
or relocate from the City. If this ordinance was in effect prior
to establishment of the Fantasy House, the Moore Lake Shopping
Center area would not be eligible because it is within 1,000 feet
of a residential area.
The distances required in this ordinance will still permit location
of a sexually oriented business in industrial and certain
commercial areas (about 4�) of the community.
Staff recommends that the Planning Commission recommend approval
of the proposed ordinance amendment.
BD/dn
M-91-9
2AA
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a Public Hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, February 11, 1991 at 7:30 p.m.
for the purpose of:
SECTION 1 PURPOSE AND INTENT
It is the purpose of this ordinance to regulate Sexually-
Oriented Businesses to promote the health, safety, morals, and
general welfare of the citizens of the City and to establish
reasonable and uniform regulations to:
l. Prevent additional criminal activity within the City;
2. Prevent deterioration of neighborhoods and its
consequent adverse effect on real estate values of properties
within the neighborhood;
3. To locate Sexually-Oriented Businesses away from
residential areas, schools, churches, and parks and playgrounds;
4. Prevent concentration of Sexually-Oriented Businesses
within certain areas of the City.
The provisions of this ordinance have neither the purpose nor
effect of imposing a limitation or restriction on the content of
any communicative materials, including sexually-oriented
materials. Similarly, it is not the intent nor effect of this
ordinance to restrict or deny access by adults to
sexually-oriented materials protected by the First Amendment, or
to deny access by distributors and exhibitors of sexually-
oriented entertainment to their intended market.
SECTION 2 DEFINITIONS
Adult Use: Any of the activities and businesses described
below constitute "Sexually Oriented Businesses" which are subject
to the regulations of this ordinance. .
A. Adult Book and Media Store: An establishment having as a
substantial portion of its stock in trade or stock on
display books, magazines, films, videotape or other
media which are characterized by their emphasis on matter
depicting, describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas".
. •
B. Adult Cabaret: An establishment which provides dancing
or other live entertainment, if such establishment
excludes minors by virtue of age or if such dancing or
other live entertainment is distinguished or
characterized by an emphasis on the performance,
depiction or description of "specified sexual activities"
or "specified anatomical areas."
C. Adult Establishment: Any business which offers its
patrons services, entertainment or the sale of
merchandise characterized by an emphasis on matter
depicting, exposing, describing, discussing or relating
to specified sexual activities or specified anatomical areas.
Specifically included in the term, but without
limitation, are adult book and media stores, adult
cabarets, adult hotels or motels, adult mini-motion
picture theaters, adult modeling studios, adult motion
picture arcades, adult motion picture theaters, adult
novelty businesses, and other adult establishments.
D. Adult Hotel or Motel: Adult hotel or motel means a hotel
or motel from which minors are specifically excluded from
patronage and wherein material is presented which is
distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual
activities or specified anatomical areas.
E. Adult Mini-Motion Picture Theater:
(i) An enclosed building with a capacity for less than
50 persons used for presenting motion pictures,
including but not limited to film and videotape,
having as a dominant theme material distinguished
or characterized by an emphasis on matter
depicting, describing, or relating to "specified
sexual activities" or specified anatomical areas".
�(ii) Any business or building which presents motion
pictures, including films and videotapes, having
as a dominant theme material distinguished or
characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual
activities" or "specified anatomical areas", for
viewing on the premises, including but not limited
to private booths, viewing, by means o£ coin
operated or other mechanical devices, and the
viewinq o.f excerpts of motion pictures offered for
sale or rent.
2CC
F. Adult Modeling Studio: An establishment whose major
business is the provision, to customers, of figure models
who are so provided with the intent of providing sexual
`stimulation or sexual gratification to such customers and
who engage in specified sexual activities or display
specified anatomical areas while being observed,
painted, painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such customers.
G. Adult Motion Picture Arcade: Any place to which the
public is permitted or invited wherein coin or token-
operated or electronically, electrically or mechanically
controlled or operated still or motor picture machines,
projectors or other image-producing devices are
maintained to show images to five or fewer persons per
machine at any one time, and where the images so
displayed are distinguished or characterized by an
emphasis on depicting or describing specified sexual
activities or specified anatomical areas.
H. Adult Motion Picture Theater: An enclosed building with
a capacity of 50 or more persons used regularly and
routinely for presenting live entertainment or motion
pictures, including but not limited to film and
videotape, having as a dominant theme material
distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" for
observation by gatrons therein.
I. Adult Novelty Business: A business which sells, offers
to sell, or displays devices which simulate human
genitals or devices which are designed for sexual
stimulation.
J. Specified Anatomical Areas are any of the following
conditions:
(i) Less than completely and opaquely covered: (a)
human genitals, pubic region, or pubic hair; (b)
buttock, and (c) female breast below a point
immediately above the top of the areola; and
(ii) Human male genitals in a discernibly turgid state,
even if opaquely covered.
2DD
K. Specified Sexual Activities are any of the following
conditions:
(i) An act of sexual intercourse, normal or perverted,
actual or simulated, including genital-genital,
anal-genital, or oral-genital intercourse, whether
between human beings or between a human being and
an animal.
(ii) Sadomasochistic abuse, meaning flagellation or
torture by or upon a person who is nude or clad in
underqarments or in a revealing costume or the
condition of being fettered, bound, or otherwise
physically restricted on the part of ane so
clothed.
(iii) Masturbation or lewd exhibitions of the genitals
including any explicit, close-up representation of
a human genital organ.
(iv) Physical contact or simulated physical contact
with the clothed or unclothed pubic areas or
buttocks of a human male or female, or the breasts
of the female, whether alone or between members of
the same or opposite sex or between humans and
animals in an act of apparent sexual stimulation
or qratification.
SECTION 3 APPLICATION OF THIS ORDINANCE
Except as in this ordinance specifically provided, no
structure shall be erected, converted, enlarged, reconstructed or
altered, and no structure or land shall be used, for any purpose
nor in any manner which is not in conformity with this ordinance.
No Sexually-Oriented Husiness shall engage in any activity or
conduct or permit any other person to engage in any activity or
conduct in or about the establishment which is prohibited by any
ordinance of the City of Fridley, the laws of the State of
Minnesota, or the United States of America. Nothing in this
ordinance shall be construed as author�zing or permitting conduct
which is prohibited or regulated by other statutes or ordinances,
including but not limited to statutes or ordinances prohibiting
the exhibition, sale, or distribution of obscene material
generally, or the exhibition, sale, or distribution of specified
materials to minors. �
2EE
SECTION 4 NON-CONFORMING USES
All Sexually Oriented Businesses which were lawfully in
existence as of the effective date of this ordinance and which
were rendered nonconforming by the application of this ordinance
shall be subject to abatement within three (3) years of the date
of enactment of this ordinance.
SECTION 5 LOCATION
During the term of this Ordinance, no Sexually Oriented
Businesses shall be located less than 500 feet from any residential
zoning district boundary or site used for residential purposes
and less than 1,000 feet from any church site, from any school
site, or from any park which is adjacent to property zoned
residential. In addition, no Sexually Oriented Businesses may be
located within 1,000 feet of another Sexually Oriented Business.
For purposes of this Ordinance this distance shall be a
horizontal measurement from the nearest existing residential
district boundary or site used for residential purposes, church
site, school site, park site or another Sexually Oriented
Business site to the nearest boundary of the proposed Sexually
Oriented Business site.
SECTION 6 HOURS OF OPERATION
No Sexually Oriented Business site shall be open to the public
from the hours of 11:00 o'clock p.m, to 5:00 o'clock a.m.
SECTION 7 OPERATION
A. An establishment operating as a Sexually Oriented
Business shall prevent off-site viewing of its
merchandise by completely covering the windows and doors
of its operation with an opaque covering.
B. All entrances to the
emergency fire exits
enter the business,
of way .
business, with the exception of
which are not useable by patrons to
shall be visible from a public right
C. The layout of the display areas shall be designed so that
the management of the establishment and any law enforce-
ment personnel can observe all patrons while they have
access to any merchandise offered for sale or viewing
including but not limited to books, magazines, photographs,
video tapes, or any other material.
2FF
D. Illumination of the premises exterior shall be adequate
to observe the location and activities of all persons on
the exterior premises.
SECTION 8 SIGNS
Signs for Sexually Oriented Businesses shall comply with the
city's sign ordinance and in addition signs for Sexually Oriented
Businesses shall not contain representational depictions of an
adult nature or graphic descriptions of the adult theme of the
operation. .
SECTION 9 LICENSES
Al1 establishments, including any business operating at the
time this ordinance becomes effective, operating or intending to
operate Sexually Oriented Businesses shall apply for and obtain a
license with the City of Fridley.
SECTION 9.1 LICENSE REQUIRED
A. A person is in violation of the City Code if he operates
a sexually oriented business without a valid license,
issued by the City.
B. An application for a license must be made on a form
provided by the City. The application must be
accompanied by a sketch or diagram showing the
configuration of the premises, including a statement of
total floor space occupied by the business. The sketch
or diagram need not be professionally prepared but must
be drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy
of plus or minus six inches.
C. The applicant must be qualified according to the
provisions of this chapter and the premises must be
'`inspected and found to be in compliance with the law by
the health department, fire department, and building official.
D. Application for license shall be made only on the forms
provided by the City. Four (4) complete copies of the
application shall be furnished to the office of the City
Clerk containing the address and legal description of the
property to be used; the names, addresses and phone
numbers of the owner, lessee, if any, and the operator or
manager; the name, address and telephone number of two
persons, who shall be residents of Anoka County and who
may be called upon to attest to the applicant's,
-- �
2GG
manager's or operator's character; whether the applicant,
�manager or operator has ever been convicted of a crime or
offense other than a traffic offense and, if so, complete
and accurate information as to the time, place and nature
of such crime or offense including the disposition
thereof; the names and addresses of all creditors of the
applicant, owner, lessee, or manaqer insofar as and
regarding credit which has been extended for the purposes
of constructing, equipping, maintaining, operating or
furnishinq or acquiring the premises, personal effects,
equipment or anything incident to the establishment,
maintenance and operation of the business.
If the application is made on behalf of a corporation,
joint business venture, partnership or any legally
constituted business association, it shall submit along
with its application, accurate and complete business
records showing the names and addresses of all
individuals having an interest in the business, including
partners, officers, owners and creditors furnishing
credit for the establishment, acquisition, maintenance
and furnishing of said business and, in the case of a
corporation, the names and addresses of all officers,
general managers, members of the board of directors as
well as any creditors who have extended credit for the
acquisition, maintenance, operation or furnishing of the
establishment including the purchase or acquisition of
any items of personal property for use in said operation.
Al1 applicants shall furnish to the City, along with
their applications, complete and accurate documentation
establishing the interest of the applicant and any other
person having an interest in the premises upon which the
building is proposed to be located or the furnishings
thereof, personal property thereof, or the operation or
maintenance thereof. Documentation shall be in the form
of a lease, deed, contract for deed, mortgage deed,
mortgage credit arrangement, loan agreements, security
agreements and any other documents establishing the
interest of the applicant or any other person in the
operation, acquisition or maintenance of the enterprise.
SECTION 9.2 ISSUANCE OF LICENSE
A. The Public Safety Director shall recommend approval of the
issuance of a license by the City to an applicant within
45 days after receipt of an application unless he finds
one or more of the following to be true:
2HH
(i) An applicant is under 18 years of age.
(ii) An applicant or an applicant's spouse is overdue
in his payment to the City, County or State of
taxes, fees, fines, or penalties assessed against
him or imposed upon him in relation to a Sexually
Oriented Business.
(iii) An applicant has failed to provide information
reasonably necessary for issuance of the license
or has falsely answered a question or request for
information on the applicatian form.
(iv) An applicant or an applicant's spouse has been
convicted of a violation of a provision of this
chapter, other than the offense of operating a
Sexually Oriented Business without a license,
within two years immediately preceding the
application. The fact that a conviction is being
appealed shall have no effect.
(v) An applicant is residing with a person who has
been denied a license by the City to operate a
Sexually Oriented Business within the preceding 12
months, or residing with a person whose license to
operate a Sexually Oriented Business has been
revoked within the preceding 12 months.
(vi) The premises to be used for the Sexually Oriented
Business have not been approved by the health
department, fire department, and the building
official as being in compliance with applicable
laws and ordinances; such inspections shall be
completed within thirty (30) days from the date
the application was submitted, provided that the
application contains all of the information
required by this ordinance. If the application is
deficient, the inspections shall be completed
within thirty (30) days from the date the
deficiency has been corrected.
(vii) The license fee required by this chapter has not
been paid.
(viii) An applicant has been employed in a Sexually
Oriented Business in a managerial capacity within
the preceding 12 months and has demonstrated that
he is unable to operate or manage a Sexually
Oriented �usiness premises in a peaceful and
law-abidinq manner, thus necessitatinq action by
law enforcement officers.
211
(ix) An applicant or an applicant's spouse has been
convicted of a crime involving any of the
following offenses:
Any sex crimes as defined by Minnesota statutes
609.29 through 609.352 inclusive or as defined by
any ordinance or statute in conformity therewith;
Any obscenity crime is defined by Minnesota
statutes 61�.23 through 617.299 inclusive, or as
defined by any ordinance or statute in conformity
therewith;
for which:
less than two years have elapsed since the date of
conviction or the date of release from confinement
imposed for the conviction, whichever is the later
date, if the conviction is of a misdemeanor
offense;
less than five years have elapsed since the date
of the last conviction or the date of release from
confinement for the conviction, whichever is the
later date, if the conviction is a felony offense; or
less than five years have elapsed since the date
of the last conviction or the date of release from
confinement for the last conviction, whichever is
the later date, if the convictions are of two or
more misdemeanor offenses or combination of
misdemeanor offenses occurring within any 24-month
period.
B. The fact that a conviction is being appealed shall have
no effect on the disqualification of the applicant or
applicant's spouse.
C. An applicant who has been convicted or whose spouse has
been convicted of an offense listed in Subsection
9.2A(ix) may qualify for a Sexually Oriented Business
license only when the time period required by Subsection
9.2A(ix) has elapsed.
D. The license, if granted, shall state on its face the name
of the person or persons to whom it is granted, the
expiration date, and the address of the Sexually Oriented
Business. The license shall be posted in a conspicuous
place at or near the entrance to the Sexually Oriented
Business so that it may be easily read at any time.
2JJ
E. The City Council shall act to approve or disapprove the
license application within 120 days from the date the
application was submitted, provided that the application
contains all of the information required by this ordinance.
If the application is deficient, the Council shall act on
the application within 120 days from the date that the
deficiency has been corrected.
F. Within 90 days after the decision by the Council, the
applicant may appeal to the District Court by serving a
notice upon the Mayor or Clerk of the Municipality.
SECTION 9.3 FEES
An initial investigation fee of $400.00 shall be charged
at the time the application is filed; no part of this fee shall
be refundable. If after review of the application the license is
approved, the license holder shall pay $400.00 for the initial
license and $400.00 per annum each time the license is renewed.
SECTION 9.4 INSPECTION
A. An applicant or licensee shall permit representatives of
the police department, health department, fire
department, housing and building inspection division to
inspect the premises of a Sexually Oriented Business for
�the purpose of ensuring compliance with the law, at any
time it is occupied or open for business.
B. A person who operates a Sexually Oriented Business or his
agent or employee commits an offense if he refuses to
permit a lawful inspection of the premises by a
representative of the police department at any time it is
occupied or open for business.
C. The provisions of this section do not apply to areas of
an adult motel which are currently being rented by a
customer for use as a permanent or temporary habitation.
SECTION 9.5 EXPIRATION OF LICENSE
A. Each license shall expire one year from the date of
issuance and may be renewed only by making application as
provided in Section 9.1. Application for renewal should
be made at least 60 days before the expiration date, and
when made less than 60 days before the expiration date,
the expiration of the license will not be affected.
2KK
B. When the City denies renewal of a license, the applicant
shall not be issued a license for one year from the date
of denial. If, subsequent to denial, the City finds that
the basis for denial of the renewal license has been
corrected or abated, the applicant may be granted a
license if at least 90 days have elapsed since the date
denial became final.
SECTION 9.6 SUSPENSION
The City may suspend a license for a period not to exceed 30
days if it determines that a licensee or an employee of a
licensee has:
A. Violated or is not in compliance with any provisions of
this chapter.
B. Engaged in excessive use of alcoholic beverages while on
the Sexually Oriented Business premises.
C. Refused to allow an inspection of the Sexually Oriented
Business premises as authorized by this chapter.
D. Knowingly permitted gambling by any person on the
Sexually Oriented Business premises.
E. Demonstrated inability to operate or manage a Sexually
Oriented Business in a peaceful and law-abiding manner,
thus necessitating action by law enforcement officers.
A suspension by the City shall be proceeded by written notice
to the licensee and a public hearing. The notice shall qive at
least 10 days notice of the time and place of the hearing and
shall state the nature of the charges aqainst the licensee. The
notice may be served upon the licensee personally, or by leaving
the same at the licensed business premises with the person in
charge thereof .
SECTION 9.7 REVOCATION
A. The City may revoke a license if a cause of suspension in
Section 9.6 occurs and the license has been suspended
within the preceding 12 months.
B. The City shall revoke a license if it determines that:
(i) A licensee gave false or misleading information
in the material submitted to the City during the
application process;
(ii)
(iii)
(iv)
2LL
A licensee or an employee has knowingly allowed
possession, use, or sale of controlled substances
on the premises;
A licensee or an employee has knowingly allowed
prostitution on the premises;
A licensee or an emp2oyee knowingly operated the
Sexually Oriented Business during a period of time
when the licensee's license was suspended;
(v) A licensee has been convicted of an offense listed
in Section 9.2A(ix) for which the time period
required in Section 9.2A(ix) has not elapsed;
(vi) On two or more occasions within a 12 month period,
a person or persons committed an offense occurring
in or on the licensed premises of a crime listed
in Section 9.2A(ix) for which a conviction has
been obtained, and the person or persons were
employees of the Sexually Oriented Business at the
time the offenses were committed.
(vii) A licensee or an employee has knowingly allowed
any act of sexual intercourse, sodomy, oral
copulation or masturbation to occur in or on the
licensed premises.
(viii) A licensee is delinquent in payment to the County
or State for hotel occupancy taxes, ad valorem
taxes, or sales taxes related to the Sexually
Oriented Business.
C. The fact that a conviction is being appealed shall have
no effect on the revocation of the license.
D. Subsection B(vii) does not apply to adult motels as a
ground for revoking the license unless the licensee or
employee knowingly allowed the act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact
to occur in a public place or within public view.
E. When the City revokes a license, the revocation shall
continue for one year and the licensee shall not be
issued a Sexually Oriented Business license for one year
from the date revocation became effective. If,
subsequent to revocation, the City finds that the basis
for the revocation has been corrected or abated, the
applicant may be qranted a license if at least 90 days
2MM
have elapsed since the date the revocation became
effective. If the license was revoked under Subsection
B(v), an a�plicant may not be granted another license
until the appropriate number of years required under
Section 9.2Atix) has elapsed.
F. A revocation by the City shall be proceeded by written
notice to the licensee and a public hearinq. The notice
shall give at least 10 days notice of the time and place
of the hearing and shall state the nature of the charges
against the licensee. The notice may be served upon the
licensee personally, or by leavinq the same at the
licensed premises with the person in charqe thereof.
SECTZON 9.8 TRANSFER OF LICENSE
A•licensee shall not transfer this license to another, nor
shall a licensee operate a Sexually Oriented Business under the
authority of a license at any place other than the address
desiqnated in the application.
SECTION 10 SEVERABILITY
Every section, provision or part of this ordinance or any
permit issued to this ordinance is declared severable from every
other section, provision or part thereof to the extent that if
any section, provision or part of this ordinance or any permit
issued pursuant to this ordinance shall be held invalid by a
court of competent jurisdiction it shall not invalidate any other
section, provision or part thereof.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place.
WILLIAM J. NEE
MAYOR
Publish: January 30, 1991
February 6, 1991
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
. _
�
2 N
Community Development Departmen
PLA];vNING DIVISION
City of Fridley
DATE: January 24, 1991 � �
TO: William Burns, City Managerl�'
FROM:
Barbara Dacy, Community Development Director
SUBJECT: Establish Public Hearing for an Amendment to
the Zoning Ordinance to Permit Sexually
Oriented Businesses in Certain Commercial and
Industrial Districts
The Planning Commission at their January 9, 1991 meeting considered
the zoning ordinance amendment to permit sexually oriented
businesses in certain commercial and industrial districts. The
Planning Commission recommended approval of the ordinance
amendment. Staff recommends the City Council establish February
11, 1991 as the public hearing date to consider this matter.
BD/dn
M-91-47
��
�
.�
DATE:
TO:
FROM:
200
Community Development Department
G DIVISION
City of Fridley
January 4, 1991
Planning Commission Members
Barbara Dacy, Community Development Director
SUBJECT: Proposed Zoning Ordinance Amendment Permitting
Sexually Oriented Businesses in the C-2 and
C-3 Districts as a Permitted Use, and in the
M-1 and M-2 Districts with a Special Use Permit
Backqround
As a companion ordinance to the proposed sexually oriented business
ordinance, the attached ordinance amends the zoning code to allow
sexually oriented businesses as a permitted use in the C-2 and C-
3 Districts, and as a special use in the M-1 and M-2 Districts.
Proposed Ordinance
Sexually oriented businesses are proposed to be permitted uses in
the C-2 and C-3 Districts since the nature of the use as a retail
operation is consistent with the other permitted uses in those
districts. Eligible commercial areas within the City would be
limited to small parcels at the southeast and southwest corner of
I-694 and Highway 65, the southeast corner of Osborne Road and
Highway 65, and some areas west of University Avenue and north of
73rd Avenue up to and including portions of the Wholesale Club site
(a larger scale map showing the eligible areas will be presented
to the Planning Commission at Wednesday's meeting).
Sexually oriented businesses are proposed as a special use in the
M-1 and M-2 Districts in order to be consist with previous
ordinance amendments regarding commercial uses in industrial
districts. The proposed ordinance amendment lists the sexually
oriented business as an additional special use and stipulates that
it must conform to the regulations in the chapter of the Fridley
City Code. Not included in the proposed ordinance amendment was
reference to the other typical standards for commercial uses in M-
1 and M-2 codes. Therefore, we would like the Planning Commission
to amend the proposed ordinance language in the M-1 and M-2
sections to read as follows:
2PP
Sexually Oriented Business
Zoning Ordinance Amendment
January 4, 1991
Page 2
Sexually oriented businesses as defined and regulated in Chapter
of the Fridley City Code. Sexually oriented businesses shall
meet the standards required for commercial uses as stated in
Section 205.17.O1.C.(3).
The citation for the M-2 District would be Section 205.18.O1.C.(3).
The distance requirements required by the sexually oriented
business ordinance would permit businesses to locate in the East
River Road Business Center and some of the industrial areas east
of the railroad tracks and west of University Avenue, north of 73rd
Avenue up to approximately 81st Avenue.
Recommendation
Based on the findings from other communities' studies and
ordinances, and based on our analysis for the City of Fridley, the
proposed zoning ordinance amendment permits location of sexually
oriented businesses in certain areas of the community which would
not adversely affect surrounding properties.
The Planning staff recommends the Planning Commission recommend
approval of the attached zoning ordinance amendment with the
following corrections:
205.17 M-1 Light Industrial District Regulations
1. Uses Permitted
C. Uses Permitted With A Special Use Permit.
(12) Sexually oriented businesses as defined and
regulated in Chapter of the Fridley City Code.
Sexually oriented businesses in multi tenant
buildings shall meet the standards required for
commercial uses as stated in Section
205.17.O1.C.(3).
205.18 M-2 Heavy Industrial District Regulations
1. Uses Permitted �
C. Uses Permitted With A Special Use Permit.
(13) Sexually oriented businesses as defined and
regulated in Chapter of the Fridley City Code.
Sexually oriented businesses in industrial buildings
shall meet the standards required for commercial
uses as stated in Section 205.18.O1.C.(3).
BD/dn
M-91-10
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
2QQ
Notice is hereby given that there will be a Public Hearing of the Fridley
City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on
Monday, February 11, 1991 at 7:30 p.m. for the purpose of:
205.14 C-2 General Business District Regulations
1. Uses Permitted
A. Principal Uses.
(17) Sexually oriented businesses as defined and regulated in
Chapter of the Fridley City Code.
205.15 C-3 General Shopping Center District Regulations
A. Principal Uses.
(c) Sexually oriented businesses as defined and regulated in
Chapter of the Fridley City Code.
205.17 M-1 Light Industrial District Regulations
1. Uses Permitted
C. Uses Permitted With A Special Use Permit.
(12) Sexually oriented businesses as defined and regulated in
Chapter of the Fridley City Code. Sexually oriented
businesses in multi-tenant buildings shall meet the standards
required for commercial uses as stated in Section
205.17.O1.C.(3).
205.18 M-2 Heavy Industrial District Regulations
1. Uses Permitted
C. Uses Permitted With A Special Use Peraiit.
(13� Sexually oriented businesses as defined and regulated in
Chapter of the Fridley City Code. Sexually oriented
businesses in industrial buildings shall meet the standards
required for commercial uses as stated in Section
205.18.O1.C.(3).
Any and all persons desiring to be heard shall be given an opportunity at the
above stated time and place.
WILLIAM J. NEE
MAYOR
Publish: January 30, 1991 �
February 6, 1991
Any questions related to this item may be referred to the Fridley Community
Development Department, 571-3450.
� �
�
J
2RR'
Communit�r Development Department
G DIVISION
City of Fridley
DATE: January 22, 1991
!I�'� I
TO: William Burns, City Manager �,
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Rezoning Request, ZOA #90-06, by Crysteel
Attached is the staff report for the above-referenced request. The
zoning ordinance requires that the City Council hold a public
hearing for all rezoning requests. Staff recommends that the City
Council set February 11, 1991 as the date for the public hearing.
NII�I/ dn
M-91-26
-' 2SS
� STAFF REPORT
APPEALS DATE
CIIYOF PLANPNNG COMMISSION DATE : December 12, 1990, January 9, 1991
FRIDLEY CITY COUNCIL DATE : January 28, 1991 AUTHOR �M�dn
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
8� ZONING
UTLffIES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPUCATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
COMPATIBIt_ITY WITH
ADJACENT USES 8� ZONNVG
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENOATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDAT{ON
ZOA �t 90-06
Crysteel
To rezone the property from M-1, Light Industrial to
C-2, General Business.
1130 - 73rd Avenue N.E.
1.29 acres (56,250 square feet)
M-1, Light Industrial
M-1, Light Industrial to the north, west, south,
and easC
Yes
Yes
Denial
Denial
2TT
Staff Report
ZOA #90-06, Crysteel
Page 2
Request
The petitioner, Crysteel, is requesting that the City authorize a
rezoning from M-1, Light Industrial to C-2, General Business. The
request is for 1130 - 73rd Avenue N.E.
Site
Located on the property is a building which is used as an
assernbly/warehouse facility with an outside storage area to the
east and south of the building. The building was constructed in
late 1988 upon approval of SP #88-01. The property is currently
zoned M-1, Light Industrial as are other properties to the north,
south, east, and west.
Analvsis
The petitioner is requesting the rezoning in order to apply for a
special use permit for outdoor display of inerchandise.
SuperAmerica and Rapid Oil, while both zoned M-1, Light Industrial,
are more commercial in nature. The Central Avenue Corridor Study
recommended that the properties directly adjacent to Highway 65 be
rezoned to a commercial zoning. Crysteel's use of the building is
predominantly assembly, with some repair and some sales occurring
from the premises. While automobile service stations and repair
garages are a special use in the C-2, General Business district
regulations, the type of repair that Crysteel performs is
classified as heavy duty repair, and that type of repair garage is
not permitted either outright or by special use in the C-2, General
Business district. Staff has determined and City legal staff has
agreed that Crysteel's particular use of the property is not a
permitted use or as a special use in the C-2, General Business
District (please see attached memorandum from the City Attorney).
By approving the rezoning, the use would be rendered nonconforming.
Expansion would not be permitted.
The property would meet the minimum requirements of the C-2
District for lot area, lot coverage, and lot width. The property
was granted variances for side corner and hard surface setbacks in
1988 (VAR #87-40).
Recommendation and Stipulations
Staff reconunends that the Planning Commission recommend denial of
the rezoninq request, ZOA #90-06, as the use of the property would
not fit under the C-2, General Business district regulations and
approving the rezoning would render the property nonconforming.
2UU
Staff Report
ZOA #90-06, Crysteel
Page 3
Planninq Commission Action
The Planning Commission voted unanimously to recommend denial of
the request to the City Council.
City Council Recommendation
Staff recommends that the City Council deny the request to rezone
the property from M-1, Light Industrial to C-2, General Business.
2VV
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a Public Hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, February 11, 1991 at 7:30 p.m.
for the purpose of:
Consideration of a Rezoning, ZOA #90-06, by
Crysteel Truck Equipment, to rezone that part
of the east 225 feet of the west 475 feet of
the north half of the northeast quarter of the
southwest quarter of Section 12, T-30, R-24,
Anoka County, Minnesota, lying north of the
south 405.60 feet of said north half of the
northeast quarter of the southwest quarter,
from M-1, Light Industrial to C-2, General
Business, the same being 1130 - 73rd Avenue
N.E.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place.
WILLIAM J. NEE
MAYOR
Publish: January 30, 1991
February 6, 1991
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
APPLICATION FOR RE-ZONING
CRYSTEEL TRUCK EQUIPMENT
REASON FOR REQUEST:
zww
In October 1988 Crysteel Distributing, Inc. of Lake Crystal,
Minnesota, DBA Crysteel Truck Equipment, began operations at the
referenced address. The business done at the Fridley location
was patterned after the company's 17 years of experience at the
Lake Crystal location. At that time, Crysteel's product mix was
such that essentially all business included extensive assembly
work.
Over the past two years, the nature of the metro area market has
changed. It now differs from what it was two years ago, as well
as from the Lake Crystal operation. These market changes have
resulted in a changing product mix, with fewer jobs requiring
extensive assembly. While a majority of jobs still require
assembly, the needs of our customers are changing to include
more pre-assembled products from a variety of manufacturers.
As we have examined these changes, and have discussed them with
the City's Planning Department staff, it appears we are moving
toward a situation in which our current zoning may not match the
business we are becoming.
As a result, we are requesting a change in the zoning from M-1,
light manufacturing to C-2, general business.
We are also requesting a change in our current Special Use Permit
to allow for limited parking of vehicles and equipment out of the
yard area. (See attached form.)
We have discussed our needs with the City's planning staff. They
have been very helpful in addressing our questions, and we
appreciate their professional manner in dealing with the issues
and recommendinq this approach to solving our changing situation.
We recognize a request such as this raises many questions, and
will requires serious consideration. We see the needs of our
customers, as well as our own, chanqing. We see ourselves as
good corporate citizens and an attractive business for the City.
We have a strong desire to strengthen the business for the
benefit of ourselves, our employees and the community.
We ask for your support, and the approval of our request, and
look forward to our presentations before the Planning Commission
and the City Council.
�
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V irgil C. Herrick
James D. Hoeft
Gregg V. Herrick
Of Counsel
Uavid P. Newman
TO:
������Cl� �� �1���'���� �
fi�
ATTORNEYS AT LAW
M E M O R A N D U M
:x
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
FROM: Gregg Herrick, Assistant City Attorney �,-��
DATE: December 4, 1990
RE: Crysteel Rezoning
2CCC
The question asked of our office is whether Crysteel can qualify
as a retail use, permitted under Ordinance 205.14(1)(A)(13).
The subdivision which you requested an opinion on deals with
"other retail, wholesale, or service activities." From your
earlier memo, it appears that sales account for only 15� of
Crysteel's business. Therefore, the company would not seem to
qualify under either the catchall retail or wholesale clauses of
subparagraph 13. In reviewing whether or not this might be a
service activity which would be allowable under a permitted use
in a C-2 zoning district, I have reviewed the zoning ordinances
concerning motor vehicle service operations and the restrictions
under subparagraph 13 which provides that the activities for
which goods or services are furnished must be similar to the uses
described in paragraph 1-A of the C-2 zoning requirements. The
types of businesses described in paragraph 1-A are not similar to
Crysteel's operations. The majority of those service uses are
professional or dealing with entertainment. Crysteel's
operations are of a more industrial nature than the other uses
allowed by the ordinance.
Under the code, Crysteel's abililty to operate as a motor vehicle
service business under the C-2 zoning ordinance would be questionable.
Subparagraph 1.0 lists the activities in a C-2 district which are
permitted with a special use permit. Paragraph 3 provides for
agencies selling or displaying...machinery, and paragraph 4
provides for repair garages. Given Crysteel's business
activities, it would seem that a special use permit which
authorized the selling and displaying of machinery as well as a
repair qarage and installation service might be proper in a C-2
district. This would depend, however, on the types of work done
and the vehicles upon which the work was performed. The C-2
district specifically allows repair garages and specifically
prohibits heavy-duty repair garages. The difference between a
repair garage and a heavy-duty repair garage under our or3inance
is the type of vehicies which are repaired. Vehicles licensed at
a category "G" or above or similar weight equipment can only bz
Suice 2U5, 64U1 Uni���rsity Avenue N.E., Pridley, 1�9inneso�a 55�32, 612-57]-3�35U
2DDD
Memo to DacyjMcPherson
December 4, 1990
Page 2
repaired in a heavy-duty repair garage. Given the information
you have provided with regard to the type of work that Crysteel
does it is this office's opinion that Crysteel is engaged in work
which would classify them as a heavy duty repair garage.
The definitional sections of the zoning code describe one other
automotive service category, that of public garage. A public
garage is defined in Section 205.03, Subdivision 30 as "a
building used for the sale of new or used motor vehicles or where
motor vehicles are parked or stored for a renumeration, or where
motor vehicles are repaired within the structure as a service
accessory to the main use." Crysteel's operations appear to be
primarily service oriented and would not be regarded as accessory
to its main use; therefore they would not qualify as a public
garage.
If the City staff's assessment of the nature of Crysteel's
operation is accurate they would not be qualified to conduct
business in the C-2 zoning district.
GVH:ldb
�
2EEE
CITY OF 1�RIDLBY
pI,�NNZN�3 COlgiIBBION MEBTING, D$C8M88R 12 � 1990
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CALL TO ORDER•
Chairperson Betzold called che December 12, 1990, Planning
Commission meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Don Betzold, Dean Saba, Sue Sherek,
Diane Savage, Paul Dahlberg
Members Absent:
Others Present:
Dave Kondrick, Connie Modig
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Humberto Martinez, 7786 Beech Street N.E.
APPROVAL OF NOVEMBER 14 1990 PLANNING COMMISSION MINUTES:
MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to approve the
November 14, 1990, Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING 7►YE, CSAIRPERBON BETZOLD DECLARED
THE MOTION CARRIED ONANZMOOSLY.
1. PUBLIC HEARING CONSIDERATION OF A REZONING ZOA #90-06, BY
CRYSTEEL TRUCK EOUIPMENT:
To rezone that part of the east 225 feet of the west 475 feet
of the north half of the northeast quarter of the southwest
quarter of Section 12, T-30, R-24, Anoka County, Minnesota,
lying north of the south 405.60 feet of said north half of the
northeast quarter of the southwest quarter, from M-1, Light
Industrial, to C-2, General Business, the same being 1130 -
73rd Avenue N.E.
2. PUBL C HEARING CONSIDERATION OF A SPECIAL USE PERMIT. SP
#90-19 BY CRYSTEEL TRUCK E4UIPMENT:
Per Section 205.17.O1.C.(il) of the Fridley City Code, to
allow exterior storage of materials and equipment on that part
of the east 225 feet of the west 475 feet of the north half
of the northeast quarter of the southwest quarter of Section
12, T-30, R-24, Anoka County, Minnesota, lying north of the
south 405.60 feet of said north half of the northeast quarter
of the southwest quarter, the same being 1130 - 73rd Avenue
N.E.
2FFF
�L�I�NING COMMISSION 1�IEETZNG. DECBMBER 13. 1990 P�GE 2
Ms. Dacy �tated that the petitioner has requested that these
two items be tabled until January 9, 1991.
OM TION by Ms. Sherek, seconded by Mr. Saba, to table rezoning
request, ZOA �90-06, and special use permit request, SP �90-
19, by Crysteel Truck Equipment until January 9, 1991.
QpON A VOICE VOTE,� 71LI, VOTINa 11Y$, CHAZRP8R80N SETZOLD
DECLARED THE 1dOTION Cl�RRIBD IINANII�OOBLY.
3. PUBLIC HEARING CONSIDERATION OF A SPECIAL USE PERMIT. SP
�90-18 BY HUMBERTO MARTINEZ:
Per Section 205.18.03.C.(4) of the Fridley City Code, to llow
the lot coverage to be increased from 40$ maximum o 50�
maximum, on Lots 1 throuqh 5, Block 6, Onaway ddition,
generally located at 7786 Beech Street N.E.
OM TION by Ms . Sherek, Beconded by Ms . Sav�
reading of the public hearing notice and
hearing. /
to waive the
z the public
UPON A VOICE VOTE, ALL VOTING 11YE, CHAIRPERSON BETZOLD
DECLARED T8E I�IOTION Cl�RRIED AND THE IIBLIC BEARING OPEN !�T
7:35 P.M. '
Ms. McPherson stated the petit'oner is requesting a lot
coverage increase from 40� ma mum to 50$ maximum. This
increase would allow the peti oner to construct a 3,500 sq.
ft. addition onto the exist'ng buildinq. The property is
zoned M-2, Heavy Industrial, as are the properties surrounding
this property.
Ms. McPherson stated a wo story single family dwelling unit
is located on the pro erty. This dwelling unit is attached
to a concrete block uilding which serves as a warehousing
and assembly facil y for Mr. Martinez' business, which is
Food Process Con ol. An existing fenced outdoor storage
located to the r ar and side yards is where the petitioner is
requesting to nstruct the addition.
Ms. McPhers stated the City Council recently adopted an
ordinance endment which would allow a 10$ increase in lot
coveraqe n industrial districts with a Bpecial use permit.
There a two standards that need to be evaluated prior to
the is ance of a special use permit. Those standards are:
1. For existing developed properties, the total amount
of existing hard surface areas should be evaluated
to determine whether a reduction in the total
building and parking coveraqe can be achieved. In
this particular request, there would not be a
reduction in building and parking coverage. The
�
�
UTYOF
FRlDLEY
DATE:
TO:
FROM:
SUBJECT:
C011/LMUNITY DEVELOPMENT 2GGG
DEPARTMENT
MEMORANDUM
December 20, 1990
Gregg Herrick, Assistant City Attorney
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Crysteel Rezoning
Attached please find a letter submitted by James Kay of Crysteel
located at 1130 - 73rd Avenue N.E. describing the types of work
that Crysteel does and describing his disagreement with your
previous opinion to us which you submitted December 4, 1990.
Please review the attached materials and determine if this changes
your original opinion.
We would appreciate receiving a response by January 3, 1991.
MM/dn
M-90-911
ysrEE�
Barbara Dacy, AICP,
Gregg Herrick, Asst.
City of Fridley
6431 University Ave.
Fridley, MN 55432
1130 - ?3rd AVE. N.E.
FRIDLEY, MN 55432
December 19, 1990
Planning Coordinator
City Attorney
2HHH
612-571-1902
FAX 612-571-5091
Fursuant to my conversation with Barbai�a on December 12th, I am
submitting for your review this description of the curre:�t
bu5iness activities of Crysteel Truck Equip,nent. I have includcd
pictures of a few jobs which are representative of the type of
work desci•ibed herein.
We are in the after-market truck equipment business, selling and
installing equipment on new trucks. The types of equipR�ent we
sell anu install include, dump truck bodies and hoists, flatbed
bocies, van bodies, contractor bodies, snow plows and wings,
aeriai lifts, cranes, sanders, under-body scrapers, as weil as
the related running lights, warning lights, strobe lights,
trailer hitches and other accessories.
We repi�esent seveial Manufacturers of these products. We are an
affiliate of Crysteei Manufacturing of Lake Crystal, Mir,nesota,
and thEir line of grain bodies, dump bodies ar,d hoists is the
primary product line we sell and install. We also represent
Delta, Tafco, and Midwest truck bodies, Clement trailers, Armlift
aeriai ;ifts, FN� Corp street sweepers, Monroe and Henderson
sanders and scrapers, and Falls, Henke, Gledhill, Manroe, Boss,
and Fisher snow piows.
In the twelve months ended October 31, 1990, Crysteel truck
equipment did $3,003,000 in sales. Of this 12� was for install-
ation labor, 11� parts and accessories, 11� non-installed
equipment, and the remaining 66� for equipment which we
installed.
SPECIALLYDFSIGNED • W/TH Q�JALI'TYIN II�ND
2111
Barbara Dacy
Gregg H�rrick
December 19, 1990 -
page two
I feel the need to state the problems we are trying to solve in
asking for a zoning change/review. As a new (in the north metro
area) enterprize, we need to maximize gross profit sa as tc
become profitable as soon as possible.
First, our cui�rer,t business laigeiy comes form state ar,d locai
government bids. This is traditionaliy low margin businESS. We
need to inciease overall business volumn and improvc gio��
n�argin by crianging our pro3�ct tr�ix to inclu3e CliI2Cili aii� ntH
pro:iu�ts witi, higt�cr maryins, (iten�s traditionaiiy svi:i to
i�or,-governa�er�tai customers) ar,ci whicri are less la�or intensive,
requiring less time in our shop. we expect to raise tne percent-
agc of sales coming from non-installed pro3ucts to 25% ir. tr,e
r.c�.t 24 rt�onths.
As we ad3 these ty�es of new products, we are concerned trie
char,ge in product mix will change our busir,ess clossification as
far as the City is concerned. It seems we are headed to a more
general business type operation. We also add to our need to
pioa�ote these new pi-oducts, promvtion which is enhanced by our
ability to display equipment, even on a limited basis, at oui-
iocation. This obviously impacts orl our outside parking dI-Ed.
Second, whether we adn new product lines or not, our volume of
business is growing, 67% in the last year. As mure ar,d more j�bs
( and trucks j ca�r�e trirough our f ac i 1 i t y, we are cont i r�ua i i y
pressurzd for pari:iny and storage space in our rear yard. We can
(and honestly, do) relieve some of this pressure by parking
c�mpleted trucks in the parking ai-ea. Ns w� yi-ow, the pressure
to do this wi 11 gi ov: also.
Hs I l,ave reviewed the ordinances for C-2 an3 M-1, I beiieve we
CaIi solve c�:i- piobien�s by rezor.ing to C-2. Paragi�apt� C, itea� 2
oi :.ha oidivance lists as activities �ermissdLiE witi� a s�C�iai
use perR�it, "Agencies selling or display;ng...machinery..." which
as Gregg noted in his f irst opir:ion, seen�s to f it C� ysteei's
situat;ai�.
As to the ccr,cern ai�aut "heavy-duty" re�air garages, I don't
bel ieve we are a ��2�e�ali yaYagC" . We a2 e r,ot open to trie p�bi ic
for the purpose of taxir�g repair jobs off the street, rathei, �ur
shop facil;ty is used for tt,e instaliatior� of products sold by
2JJJ
Barbara Dacy
Gregg Herrick
December 19, 1990
page three
the business. Also, I would not agree the ordinance prohibits
heavy-duty repair shops over-all. The prohibition comes in
paragrapr� 1.C.5.E.+. Th�e way it is written, it applies a� a
prohibited activity ur,der C.2.5, autocnvbile service stations and
motor vehicle fuei ar.d 3ispensing services. Crysteel is not
a��.iyir►g for approval to vperate under this classif icatior�.
Crysteel Truck Equiprner,t tias ec�joyed being a good member of tt.e
Fridiey coma:ur�ity, and looks forward to growir,g with the
commun i t y. we hope the c i t y p 1 anners , p 1 ann i ng comrn i ss i or, ar,u
cour.cii wiil recognize ti.e necessity for us to expar,d our product
mix. This is n�ost ia��oi tar►t as we seer: to ia�prove auz :,et
z Cs�: ts by 3% to �% ai,d Letter serve the conununity.
Thar:r: you foi� yvui review and cons:deraticn ci our situation. If
i caz, ar,swei- ar�y fui tt►er questions in heiping you understand
cur business accurat�iy, piea�e call.
Sincere:}�,
; ' /, • ��� � L�__i / >� s-,%`
/ ; �
..t'.�1J1GL.� �t[l.Cl� L.k'Vltt`{LIVI
J d111CS G. I�ay , GenEra i N,dliage�
V'vgil C. Herrick
James D. Hceft
Gregg V. Herrick
Of Counsel
David P. Newman
T0:
FROM:
DATE:
RE:
��R����`'� � �T� «° �����
�
ATTORNEYS AT LAW
M E M 0 R A N D U M
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Gregg Hzrrick, Assistant City Attorney
January 2, 1991
Crysteel Rezoning
2KKK
This memorandum is intended to clarify questions raised by James
G. Kay, Crysteel, in reference to my December 4, 1990 memorandum.
In reviewing the City's zoning codes to determine whether or not
Crysteel's operations would be allowable under the C-2 zoning
ordinance, it must be recognized that there is no provision for
the sp�cific inclusion or exclusion of an "after-market truck
equipment business selling and installing equipment on new
trucks". The zoning code is not meant to define each and every
possible business use which might be proposed within the City of
Fridley. The code defines the major classifications of
businesses. Subsequent businesses are compared to those defined
under the code to determine whether they are similar to approved
or non-approved uses.
The types of uses which seem to be comparable to Crysteel's
operations were described in my December 4, 1990 memorandum and
include:
Agencies selling or displaying machinery, C-2, paragraph 1,C,3
Repair garages, C-2, paragraph 1,C,4
Heavy-duty repair garages, C-2, paragraph 1,C,5,E1
As I indicated in my prior memorandum, none of the defined uses
exactly corresponds to Crysteel's operatioas.
In comparing the above uses, "agencies selling or displaying
machinery" would not seem to be an accurate description of
Crysteel's operations. By Crysteel's own description, it is not
selling or displaying machinery, but rather is engaged in the
business of sales and installation of after-market accessories on
vehicles. The second and third comparable uses, a repair garage
and a heavy-duty repair garage, are defined as places where major
repair of motor vehicles is conducted, the only difference
between the two being the size of vehicles which are repaired.
Suite 2U�, 6401 l�ni�•ersic}• .A�•enue N.E., Fridle}�, I�linnesota 55432, 612-�i 1-38�U
2LLL
Memo to Barb Dacy/Michele McPherson
January 2, 1991
Page 2
Crysteel's operation has not been described as a traditional
repair shop dealing in repair of disabled �r malfunctioning
vehicles. The service-oriented aspects of a repair garage,
however, seem to most clo.sely fit the type of operation conducted
at Crysteel. I see very Tittle difference in Crysteel's
operation from a traditional repair garage that would specialize
in replacing rusted or broken pickup boxes or dump bodies with
new equipment. A business which would specialize in this area
would unquestionably be classified as a repair garage. The only
difference I can see from Crysteel's definition of their
operation is that they claim to install this equipment on new
trucks. If Crysteel did accept work on used vehicles, even this
distinction would not apply.
Unless the characteristics of a heavy-duty repair garage; i.e.,
traffic, storage of vehicles/equipment, noise, etc., are not
sufficiently similar to the characteristics of Crysteel's
operations, it is my opinion that they should be treated the same
with regard to the City's zoning code.
GVH:ldb
r �
�
�
DATE:
TO:
FROM:
SUBJECT:
. M M
De ar�men
Community Development p
PLANNING DIVISION
City of Fridley
January 15, 1991
Gregg Herrick, City Attorney
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Rezoning Request by Crysteel Inc.
In light of your most recent legal opinion regarding the Crysteel
rezoning request, dated January 3, 1991, we have two further
questions which require your opinion.
1. Would it be appropriate for City staff to send a letter to Mr.
Kay stating that the retail portion of his use is outlined as
an accessory use under the M-1, Light Industrial, zoning code
and would be permitted as such under the same section.
2. In liqht of your opinion and various discussions staff has had
with Mr. Kay and in relation to the attached submission to the
Planning Commission, it is appropriate for the City to sign
his dealer's license?
Please respond to these issues by January 24, 1991. Thank you.
NII�I/ dn
M-91-31
CRYSTEEL TRUCK
BUSINESS OVERVIEW
i
� � �i , � �
� � �
/t �
EQUIPMENT
Crysteel Truck Equipment, a subsidiary of Crysteel Distributing,
Inc., supplies after-market truck equipment and other equipment to
a variety of customers, includinq state and local government,
buildinq and road construction contractors, excavators,
landscapers, utility companies, etc. We install much of the
equipment we sell on truck chassis for our customers, and in some
instances, we supply the chassis as well.
Crysteel Distributing has been in business for 18 years, and has
operated in the metro area as Crysteel Truck Equipment for five
years, and for the pst two years in our present location. We are
growing, having increased sales volume from 51.8 million to $3.0
million in the past fiscal year.
REASONS FOR APPLICATION FOR RE-ZONING
Growth brinqs change. Crysteel has changed over the past two years
as a result of our qrowth. These chanqes have affected both the
volume of trucks coming through our shop, and the percent of
business which doesn't come throuqh the shop at all. As a result,
we now have three problems in regards to the zoning ordinances
which we are trying to deal with. The are:
l.
2.
3.
Outside storage of finished truck units and other equipment
due to numbers of units in the yard.
Outside storage of finished truck units and other equipment
due to the need to promote our products
Chanqinq product mix reflecting increases in equipment and
related products which need not go through the shop.
OUTSIDE STORAGE OF FINISHED TRUCK UNITS AND OTHER EQUIPMENT DUE TO
INCREASED NUMBERS OF UNITS IN THE YARD. The 66$ increase in sales
mentioned above, has come from increased amounts of work. When we
are busy, we have more units in the shop, the yard, everywhere.
There are times the number of trucks waiting for work or for pick-
up are numerous enough the only way to move units in and out of the
shop is to park finished units in the front parkinq area.
OUTSIDE STORAGE OF FINISHED TRUCK UNITS AND OTSER EQUIPMENT DUE TO
THE NEED TO PROMOTE OUR PRODUCTS. We are like any other business,
we need to have our customers know where we are and what we sell.
As with other equipment dealers, one of the most effective ways to
advertise is to display products at the store. We find this need
increasinq as our product mix chanqes.
2000
CHANGING PRODUCT MIX REFLECTING INCREASES IN EQUIPMENT AND RELATED
PRODUCTS WHICH NEED NOT GO THROUGH THE SHOP. When we first started
in our current location, 95$ of our sales were of equipment which
went throuqh our shop. That percentage is decreasing, both by
design and by the demands of the marketplace. In the fiscal year
just completed, sales requiring shop work has been reduced to 85$.
Our intent is to reduce this amount still further (to 25� in the
next 24 months). We are concerned whether this change will
jeopardi�e our standing in M-1. (See City code 205.17.02A, pg.
205.M1-6)
In tryinq to resolve these problems with the Planning Department,
we find we sit straddle of two zoninq areas, M-1 and C-2. In
reviewinq the codes, it appears to us we can solve the problem in
the C-2 classification under 205.14.O1.A13, 205.14.O1.B5, and
205.14.O1.C3. We are considering ourselves to be an equipment
dealer. In this evaluation, we are in disagreement with the City
Attorney's office. Since there is no specific description of a
� business in the ordinance which specifical ly matches what we do, we
need to find a description which approximates what we do. Any such
attempt is subject to a certain amount of subjective judqement, and
therefore potential disagreement. Mr Herrick has chosen to compare
us most similar to a repair garage. We, on the other hand choose
to compare ourselves to an equipment or machinery dealer. It will
be up to the commission and the council to decide which view will
prevail.
I _
_
J
' ment De artment 3
Community Develop p
G DIVISION
City of Fridley
DATE: January 22,. 1991 �t_�
� fd
TO: William Burns, City Manager�. �
FROM:
BIIBJECT:
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Variance Request, VAR �90-33, by Insurance Mart
Attached is the staff report for the above referenced request. The
Appeals Commission voted unanimously to recommend approval of the
following variances:
1. To allow a free-standing sign of 48 sq. ft. in an R-3,
General Multiple Family zoning district.
2. To allow wall signs using the formula fifteen times the
square root of the wall length in an R-3, General
Multiple Family zoning district.
Stipulation: The wall signs shall be located on the
south side of the building only and shall not be
illuminated.
4. To reduce the setback from the property line of a free-
standing sign from 10 feet to 4.9 feet.
The Commission voted 2-1 to recommend approval of the following
variance to the City Council:
3. To increase the height of a free-standing sign from 6
feet to 7 feet.
Staff recommends that the City Council concur with the Commission's
action for variances 1, 2, and 4; but staff recommends that the
City Council deny variance 3.
1�I :1 s
M-91-28
� 3A
�► STAFF REPORT
APPEALS DATE Januazy 8, 1991
CI1Y OF PLANIWNG COWNVIISSION DATE
FRiDLEY CITY COUNCIL DATE: January 28, 1991 AUTHOR ��
�REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LANO USES
8� ZONING
UTLJT�S
PARK DEDICATION
ANALYSIS
FlNANCIAL IMPUCATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
' COMPATIBILITY WITH
ADJACENT USES 8� ZONNG
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDATION
VAR #90-33
Insuranoe Mart/'Itao P.C. Partnership
See public hearing natice
6875 HigYnaay 65 N.E.
R-3, General Multiple FaHnily Dwelling
R-3, General Multiple Family Dwelling to the north, south,
and west; 1�1, Single Family Dwelling to the east
Yes
Yes
Approval with stipulafions
Approval with stipulations
�� �
Staff Report
VAR #90-33, Insurance Mart/Two P.C. Partnership
6875 Highway 65 N.E.
Page 2
A. PUBLIC PURPOSE OF REQUIREMENT
Section 21�.09 requires one free-standing sign of 24 square
feet in area in an R-3, General Multiple Dwelling District.
Public purpose served by this requirement is to control visual
pollution and excessive use of signs in residential areas.
Bection 214.09.02.B requires a wall sign to be no larger than
three (3} square feet in area.
Public purpose served by this requirement is to control visual
pollution and excessive use of signs in residential areas.
Section 214. 09 only permits area identif ication on wall signs,
not free-standing signs.
Public purpose served by this requirement is to control visual
pollution and excessive use of signs in residential areas.
Bection 214.09.O1.0 requires a minimum distance of ten (10)
feet from any property line or driveway.
Public purpose served by this requirement is to ensure
adequate visibility for traffic purposes.
B. STATED HARDSHIP:
See attached letter to Appeals Commission and City Council
dated December 12, 1990, from Denny Phenow.
C. ADMINISTRATIVE STAFF REVIEW:
Request
The petitioner is requesting the following four variances:
1. To allow a free-standing sign of 48 sq. ft. in an R-3,
General Multiple Family zoning district.
2. To allow wall signs using the formula fifteen times the
square root of the wall length in an R-3, General
Multiple Family zoning district.
3. To increase the height of a free-standing sign from 6
feet to 7 feet.
3C
Staff Report
VAR #90-33, Insurance Mart/Two P.C. Partnership
6875 Highway 65 N.E.
Page 3
4. To reduce the setback from the property line of a free-
standing sign from 10 feet to 4.9 feet.
Approval of the variance request would allow the construction
of a free-standing sign at 6875 Highway 65 N.E.
Site
Located on the property is a two-story office building which
was constructed in 1960 and is located at the intersection of
68th Avenue and the east service drive of Highway 65. The
property is zoned R-3, General Multiple Family, and has been
since.1958, as is the property to the north and south.
Property to the west, while zoned R-3, is used as single
family dwelling units. The property to the east is zoned R-
l, Single Family Dwelling.
Analysis
The Sign Code requires that four conditions be met prior to
the Appeals Commission granting a variance from the literal
provisions of the Sign Code. The four conditions are stated
in Section 214.21.02.A-D.
Variance Request #1: To allow a free-standing sign of 48
square feet in a R-3, General Multiple Family, zoning
district.
A: That there are exceptional or extraordinary
circumstances applicable to the property or to the
intended use that do not apply generally to other
property in the same vicinity and district.
As was stated earlier, the property is currently zoned R-3,
General Multiple Family Dwelling. However, the building has
been used as an office building since its construction in
1960. At that time, the zoning code allowed office uses in
the R-3 district. When the zoning ordinance was changed to
eliminate office uses from the R-3 district, the property and
use became nonconforming. In order for the tenants to have
adequate signage, they have proposed a variance to the R-3
code to allow a sign of 48 sq. ft., as would be allowed in the
CR-1, General Office District, regulations. This is an
exceptional case; and to staff's knowledge, the same
conditions do not exist elsewhere in the City.
3D
Staff Report
VAR #90-33, Insurance Mart/Two P.C. Partnership
6875 Hiqhway 65 N.E.
Page 4
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.
The Knights of Columbus, which is an assembly use and is also
zoned R-3, currently has a projecting sign of 60 sq. ft. on
the west side of its building. This sign was granted a sign
permit in 1970. In addition, a sign permit was issued for a
wall sign of 20.25 sq. ft. in 1980 for the Knights of
Columbus. Granting the variance would allow the tenants of
the building to have some type of signage that would visible
from Highway 65.
C: That the strict application of the Chapter would
constitute an unnecessary hardship.
A strict application of the Chapter would eliminate any option
for visible signage for the tenants of the office building.
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.
As the sign would be located on the west side of the building,
it would be screened from the building itself and would be
buffered from the single family residences located to the east
of the property. Granting the variance to allow a free-
standing sign would not be detrimental to the health, safety,
or general welfare of the property or to the general public.
Variance request �2: To allow wall signs using the formula
15 times the square root of the wall length in an R-3, General
Multiple Family zoning district.
The Sign Code does allow wall signs in residential districts;
however, wall signs are limited to 3 sq. ft. in area. The
petitioner is proposing to use the formula outlined for wall
signs in the CR-1, General Office District, to allow wall
signage for any additional tenants which might occupy the
building in the future. Staff has not received a sign plan
from the petitioner as to the size and type of lettering for
these future tenants. However, staff has indicated to the
petitioner that a comprehensive sign plan will be required if
the building should be occupied by three or more tenants.
3E
Staff Report
VAR #90-33, Insurance Mart/Two P.C. Partnership
6875 Highway 65 N.E.
Page 5 "
A: The property is nonconforming based on the Zoning
Code and is currently being used as an office
building, not a multiple family residence. This is
the only instance within the City that this has
happened and, therefore, is an extraordinary
circumstance.
B: Other office users have been allowed to have wall
signage in the General Office district and to deny
the future tenants the opportunity to use wall
signage would be denying them a substantial property
right enjoyed by similar tenants elsewhere.
C: Strict application of the Chapter would eliminate
any signage opportunities for the future tenants.
D: Wall signs would not be materially detrimental to
the health, safety, or general welfare of the
property or the general public.
Variance Request #3: To increase the height of a free-
standing sign from 5 feet to 7 feet.
The CIt-1 zoning district allows free-standing signs of 6 feet
in heigh�. The petitioner is proposing to increase that by
1 foot to 7 feet. The petitioner has indicated a height of
7 feet is needed to provide adequate visibility of the sign
to the traveling publ?.c. However, from reviewing the sign
plans, it appears it is possible to reduce the overall height
of the sign by 1 foot and still provide adequate room to
support the text needed on the sign.
A: While the property does have a change in topography
at the front of the building where the sign is to
be placed, the sign has been designed in such a way
that the supporting structure could be reduced by
1 foot to shorten the sign.
B: Denying the variance from 6 feet to 7 feet woul.d not
deny the petitioner the right to have signage. The
sign would just need to be slightly smaller in order
to accommodate the code requirements.
C: Strict application of the Chapter would not
constitute an unnecessary hardship as the petitioner
would still have an opportunity for signage,
although it would be smaller.
3F
Staff Report
VAR #90-33, Insurance Mart/Two P.C. Partnerships
6875 Highway 65 N.E.
Page 6
D: Granting or denying the variance to increase the
height of the siqn would not be detrimental to the
health, safety, or general welfare of the property
or the general public.
Variance request #4: To reduce the setback from the property
line of a free-standing sign from 10 feet to 4.9 feet.
The petitioner is requesting this variance to prevent the two
large Green Ash trees at the front of the building from being
removed in order for the sign to be visible. The petitioner
has located the sign in such a manner to maximize the
visibility in working with the site constraints. The
elevation portrays a small portion of the east end of the sign
will be blocked slightly be one of the trees.
A: There are site conditions that prevent the
petitioner from meeting the required setback as
outlined in the Sign• Code. In addition, the
property itself does not meet the setback from the
property line. The building is set 20.5 feet from
the property line.
B: The variance is necessary in order for the
petitioner to locate the sign in a location that
would be visible from the public traveling on
Highway 65 without removing the two mature trees
located at the front of the building.
C: Strict application of the hardship of the Chapter
would require removal of the trees and possibly
could prevent the sign from being visible from the
public traveling on Highway 65.
D: Granting the variance to reduce the required setback
would not adversely impact visibility for traffic
on the service road nor would it impede any of the
neighbors' views across the property.
Recommendation
Staff recommends that the Appeals Commission recommend to the
City Council approval of the variances to allow the
construction of a 48 sq. ft. free-standing sign in the R-3,
General Multiple Family Dwelling district, to allow wall signs
using the formula 15 times the square root of the wall length
3G
Staff Report
VAR #90-33, Insurance Mart/Two P.C. Partnership
6875 Highway 65 N.E.
Page 7
in an R-3, General Multiple Family Dwelling district, and to
reduce the setback from the property line of a free-standing
sign from 10 feet to 4.9 feet, with the following stipulation:
1. The wall signs shall be located on the south side
only of the building and shall not be illuminated.
Staff recommends that the Appeals Commissian recommend to City
Council denial of the variance request to increase the height
of a free-standing sign from 6 feet to 7 feet.
A�Aeals Commission Action
The Appeals Commission voted unanimously to recommend approval
of variances 1, 2, and 4 to the City Council. The Commission
voted 2-1 to recommend approval to the City Council of
variance 3.
City Council Recommendation
Staff recommends that the City Council concur with staff's
recommendation to approve variances 1, 2, and 4, and to deny
variance 3.
3H
pIIBLIC HEARING
BEFORE THE
APPBALS COMMI88ION
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, January 8, 1991,
at 7:30 p.m. for the purpose of:
Consideration of variance request, VAR #90-33,
by the Insurance Mart/Two P.C. Partnership:
1. Per Section 214.09 of the Fridley City
Code, to allow a free-standing sign of 48
square feet in an R-3, General Multiple
Family Zoning District;
2. Per Section 214.09.02.B of the Fridley
City Code, to allow wall signs using the
formula fifteen times the square root of
the wall length;
3. Per Section 214.10.02.0 of the Fridley
City Code, to increase the height of a
free-standing sign from 6 feet to 7 feet;
4. Per Section 214.10.02.D of the Fridley
City Code, to reduce the setback ( from the
property line) of a free standing sign
from 10 feet to 4.9 feet;
To allow the construction of a free-standing
sign and wall signage on the South 95 feet of
the North 190 feet of Lots 14 and 15, Brookview
Addition, Anoka County EXCEPT the West Twenty-
two (22) feet of the South 95 feet of the North
190 feet of Lot 14 AND the North 95 feet of
Lots 14 and 15, Brookview Addition, Anoka
County, EXCEPT the West Twenty-two (22) feet
of the North 95 feet of Lot 14, the same being
6875 Highway 65 N.E.
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
CIZ'Y � FRIDLEY
6431 @TIVERSITY AVENIA� N.E.
FRIDIEX, l+IId 55�32
(612) 571-3450
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PA�PERZ'Y II�O�TI�i - site plan r�equirad for sut�aittals: see attaci�ed
Address: � 8 7 S �V. �, ti iv �, � S �'�'r d lo y
Lagal d�scription: S� � a rT-�`i c�i e a
Iat Block Tract/Addition �
Qirrent zonir�g: Square foatage/acreage
Reason for varianoe arri h���; p:
Sec�tion of City Dode:
-� .-����,• .�.•,►. .;
(Contract Rarchasers: Fee Owners must sign this fozm prior to prooessir�g)
NI�ME U P n � 1�
ADI�2ESS � � % S
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SIC�ZURE
31
f��, e nJ o uJ ,/9 n i�a r� y Co ��e y,�.( o c,� e C L }�� 7�7� i T
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NAME � icJ S v le a n
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nA�n� �� .S � Y 7 5� 5' 7
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�ss 6� 7S �v- � h�� S.�w R x 6 S
�'I" r�i ��e �I �... /'Y) /1% ,,s S Y 3 a L�AYTIl� PI�ONE �� y 7 5�5i 7
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Fee: - - - -- $100.00 r 1�
$ 60.00 for residential properties
�t�# �a-3� �# 3���y
Applicatian reoeivea vy: I,� _� 3- 90
Sc�eduled Appeals daamissioai da.te: �.�, . �'� ����
Sc3�eduled City damcil date:
3J
TWO PC PARTNERSHIP
6875 HIGHWAY 65, N.E.
FRIDLEY, MN 55432
December 12, 1990
TO: City Appeals Commission and City Council
Enclosed is ouc application for a sign variance for our
building located at 6875 Highway 65, N.E. in Fridley. I have
attached a drawing of the sign for your review.
In Segtember 1990, Lowell Pettit, Anthony Coffey, and I
purchased this building from Robert Minder, formerly of Suburban
Engineering Company. After extensive remodeling, we moved our
business, The Insurance Mart, into this building on November 10,
1990. Previously we had operated our business for fourteen years
in Columbia Heights.
In applying for this sign variance, we are asking for CR-1
zoning, a four foot, nine inch road set back and a seven foot high
sign. By approving our request, we would save two trees located in
our front yard from being cut down. Please refer to the attached
photographs.
We are excited about the opportunity of locating our business
in Fridley, and plan on becoming responsible business and civic
citizens in this community. Thank you for your consideration of
this matter.
Sincerely,
' / / -___
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Denny"Phenow
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ANO SAl.E�iiAM ON
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Community Development Department
G DIVISION
City of Fridley
DATE: January 24, 1991
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TO: William Burns, City Manager�}.
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Lisa Campbell, Planning Associate
Consideration of Approval of Riverview Heights
Purchase Agreement: Iverson Property
Attached please find the purchase agreement for the Margaret S.
Iverson property in Riverview Heights. The Iverson property is
located at 7899 Broad Avenue N.E. and is valued at $78,000. The
Iverson property is Parcel 4 on the attached map.
Ms. Iverson has received the proper notification of acquisition,
the appraisals, the review appraisals, and the written offer to
purchase. Ms. Iverson is agreeable to the terms of the purchase
agreement and has signed the agreement. The City Attorney drafted
and reviewed all changes to the agreement.
The term on the Iverson property is $1, 000. 00 earnest money and the
remaining $77,000.00 upon closing.
Recommendation
Staff recommends
and authorize the
documents.
LC/dn
M-91-49
the City Council approve the attached agreement
Mayor and City Manager to execute all necessary
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MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT
BEFORE YOD USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN �,i���
ATTORNEY TO DETERMINE THAT THIS CONTRP,CT ADEQUATELY PROTECTS YOUR
LEGAL RIGHTS. �,�a�^,1 M��sc'�-� l�:tc ��•c� h�.l���,�% ��±1�t
:,� i �
���/"`� 1. �,PARTIES. This Purchase Agreement is made on a l� , �',�yn
` • jn199 b and between Mar aret S. Iverson,� , of 7899
j'ly � y g � ..,,,,
Broad Avenue Northeast, Fridley, MN 55432, SELLER, AND the City of
Fridley, a�Municipal Corporation under the laws of the State of
Minnesota, �OF 6431 University Avenue Northeast, Fridley, MN 55432,
BUYER.
2. OFFER/A�CCEPTANCE. Buyer offers to purchase and Seller agrees to
sell real property legally described as Lots 22, 23 and 24, Block AA,
Riverview H�eights, located at 7899 Broad Avenue Northeast, City of
Fridley, County of Anoka, State of Minnesota.
3. PRICE AJND TERMS. The price for the real and personal property
included in this sale is Seventy-Eight Thousand and no hundredths
($78,000.00) Dollars by cash which Buyer shall pay as follows: � lj��'
Earnest mon��y of $1�000.00 by cash, receipt of which is hereby �
acknowledged and $77,000.00 cash on January �, 1991, the DATE OF ��yti,:a
CLOSING. 3 (
4. DEED/MA1tKETABLE TITLE. Upon performance by Buyer, Seller shall
execute and deliver a Warranty Deed, joined in by spouse, if any,
conveying m�irketable title, subject to:
(A) Bui]lding and zoning laws, ordinances, state and federal
regulations;
(B) Rest:rictions relating to use or improvement of the property
without effective forfeiture provisions;
(C) Rese�rvation of any mineral rights by the State of Minnesota;
and
(D) Util.ity and drainage easements which do not interfere with
exi:>ting improvements.
5. REAL ESTATE TAXES AR'D SPECIAL ASSESSMENTS.
SELLER :HALL PAY the real etate taxes due and payable in the year
i9yo .
BUYER SH[ALL PAY the real estate taxes due and payable in the year
of closing.
There are no special assessments certified for payment with the
real estate taxes due and payable in the year of closing.
Seller w�arrants that taxes due and payable in the year 1991 will
be FULL homestead classification. Seller makes no representation
concerning the amount of future real estate taxes or of future special
assessments.
4C
6. DAMAGES TO REAL PROPERTY. If the real property is substantially
damaged prior to closing, this Agreement shall terminate and the
earnest money shall be refunded to Buyer. If the real property is
damaged materially but less than substantially prior to closing, Buyer
may rescind this Agreement by notice to Seller within twenty-one (21)
days after Seller notifies Buyer of such damage, during which 21-day
period B�yer may inspect the real property, and in the event of such
recision, the earnest money shall be refunded to Buyer.
7. SELLER'S BOUNDARY LINE,. ACCESS, RESTRICTIONS AND LIEN WARRANTIES.
Seller warrants that buildings, if any, are entirely within the .
boundary lines of the property. Seller warrants that there is a right
of acces's to the real property from a public right-of-way. Seller
warrants that there has been no labor or material furnished to the
property for which payment has not been made. Seller warrants that
there are no present violations of any restrictions relating to the
use or improvement of the property. These warranties shall survive
the delivery of the deed or contract for deed.
8. DISCLOSURE OF NOTICE. Seller has not received any notice from
any governmental authority as to violations of any law, ordinance
regulation. If the property is subject to restrictive covenants,
Se11er has not received any notice from any person as to a breach
the covenants.
TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT.
or
of
9. NOTICES. All notices required herein shall be in writing and
delivered personally or mailed to the address as shown at Paragraph 1
above and, if mailed, are effective as of the date of mailing.
10. MINNESOTA LAW. This contract shall be governed by the laws of the
State of Minnesota.
11. ADDITIONAL TERMS. See Addendum.
THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A
LAWYER.
Minnesota law permits licensed real estate brokers and sales
agents to prepare purchase agreements. No recommendations or
representation is made by either the listing broker or selling
broker as to the legal sufficiency, the legal effect, or the tax
consequences of this contract. These are questions for your
lawyer.
I agree to sell the property I agree to purchase the property
for the price and terms and for the price and terms and
conditions set forth above. conditions set forth above.
SELLER: �j >�!-G,'¢'K �,,��c��-��'�����BUYER: CITY OF FRIDLEY
Margaret'8. Iverson (Date �l� (Date
BY : .
�4��� ���� William J. Nee (Date
Its Mayor
w�lac... McL�c.
Closing shall be at the office of:
Name
� �
BY:
Shirley A. Haapala (Date
Its City Clerk
Address
Company/Firm Name � City Zip
4E
71DDENDUM TO PIIRCHASE 1►(3R8E1+IENT
This Addendum, dated the (S�� day of �.:4-. , 1991
is made and entered into by Margaret S. Iverson an Weldon L.
McGee, wife and husband ("Seller") and the City of Fridley, a
Municipal Corporation under the laws of the State of Minnesota,
("Buyer") and amends that certain Purchase Agreement of even date
herewith covering property located at 7899 Broad Avenue
Northeast, Fridley, MN 55432.
1. Examination of Title. Within twenty (20) days of the
date of this Purchase Agreement, Buyer shall (at Buyer's sole
expense) conduct an examination of title and notify Seller in
writing of any objections thereto. Buyer shall be deemed to have
waived any title objections not made within the applicable twenty
(20) day period. If any objection is so made, Seller will have
one hundred twenty (120) days from receipt of the objection to
make title marketable. If Seller chooses not to make title
marketable or if title cannot be made marketable within the one
hundred twenty (120) day period, then this Purchase Agreement
shall become null and void, at the option of either party and all
earnest money paid hereunder shall be refunded. If title is made
marketable during the one hundred twenty (120) day period, the
closing shall take place within ten (10) days of such event or on
the date originally scheduled for closing, whichever is later.
All payments required by this contract shall be postponed pending
the correction of any title problems.
If Buyer obtains a title insurance commitment (attorney's
title opinion) showing title to the property to be marketable,
and if Buyer has Seller listed as an additional insured
(protected) party on the title insurance policy (attorney's title
opinion), then Seller agrees to execute a warranty deed conveying
title to the property to the Buyer. If such a title insurance
policy (attorney's title opinion) is not going to be obtained,
then Seller agrees to transfer title by a limited warranty deed.
If title is transferred by warranty deed and such title insurance
policy (attorney's title opinion) is not obtained, then Buyer
agrees to hold Seller responsible only for title defects caused
or suffered while Seller owned the property. This representation
shall survive closing.
2. �losing Costs. Notwithstanding anything in the
Purchase Agreement or this Addendum to the contrary, Buyer agrees
to pay all closing costs associated with this transaction,
including all costs for the following:
(a) Preparation of documents;
(b) Closing fees;
(c) Recording fees;
(d) Taxes associated with the land transfer, including
Agricultural Fee and State Deed Tax;
(e) Title search expenses; and
4F
(f) Seller's reasonable attorney's fees.
The obligation to pay Seller's reasonable attorney's fees, as set
forth in Section 2(f) of this Addendum, s�hall be construed to
require Buyer to pay, in addition to all other attorney fees, all
the attorney's fees incurred by Seller during the purchase of
their new home in Eden Prairie, Minnesota. Furthermore, in no
event shall the payment of these attorney's fees by Buyer reduce
the amount of the Seller'.s relocation entitlement specified in
the letter referenced at Section 4 of this Addendum.
3. ase. Seller shall deliver possession immediately
after the expiration of a Lease to be entered into by Buyer and
Seller at closing, which Lease will allow Seller to rent the
property from the date of closing to and including May 31, 1991
at a preagreed rental sum of $225.00 per month, payable as agreed
to by the parties and spelled out in the Lease. The Lease shall
contain such terms and conditions as are mutually satisfactory to
the attorneys for the parties. All interest, fuel oil, liquid
petroleum gas and all charges for city water, city sewer,
electricity and natural gas shall be prorated between the parties
as of the date of possession.
4. Relocation Costs and Reimbursements. Buyer shall pay
Seller's relocation costs. Buyer shall arrange for payments of
the following amounts in following manners all of which shall be
consistent with the letter, dated December 3, 1990, and sent to
Seller by Barbara Dacy, Planning Coordinator for the City of
Fridley:
$13,500.00 relocation entitlement shall be made in cash
at closing.
All moving expenses incurred by the Seller to be paid
upon receipt by the Buyer of an invoice from Seller
showing that such moving expenses have been incurred.
All expenses paid by Seller towards the purchase of
their new home in Eden Prairie, Minnesota, which
expenses shall be paid to Seller after presentation by
Seller to Buyer of the settlement statement used in
connection with the purchase of that new home.
Additional mortgage interest costs to be calculated as
the difference between the interest to be paid on the
mortgage financing that will be used to purchase the
Seller's new home and the remaining interest that would
have been paid by Seller on the mortgage financing
currently encumbering the Property. The additional
-2-
mortgage interest costs shall be paid to Seller within
a reasonable time after Seller obtains a commitment for
the new mortgage and delivers that information to
Buyer.
Al1 amounts for other "incidental expenses" to which
Buyer is entitled, which shall be paid as otherwise
agreed to by Buyer and Seller.
5. Personal Pro�erty. Personal property remaining on the
property after the expiration of the Lease described in paragraph
3 of this Addendum shall be automatically forfeited to the Buyer.
6. Miscellaneous. Except as specifically modified by this
Addendum, the terms and conditions of the Purchase Agreement
signed by Seller and Buyer shall remain in full force and effect
and be binding upon the parties hereto. This Addendum and the
above referenced Purchase Agreement constitute the entire
agreement between the parties with respect to this transaction.
This Addendum and the Purchase Agreement may not be amended or
otherwise modified except by a writing signed by the party
against whom such amendment or modification is sought to be
enforced.
WHEREFORE, the parties have caused this document to be
executed on the date and year first above written.
SELLER:
/
.
�;��. �-� ' - _
Margaret S. Iverson
�! . � �: s �. �• !�) M i� ,y ..
Weldon L. McGee
BUYER:
City of Fridley
By:
William J. Nee
Its: Mayor
By:
Shirley A. Haapala
Its: City Clerk
-3-
� �
/
�
CiTYOF
FRIDLEY
MEMORANDUM
Municipal C�ntor
6431 Universtty Avenu• N.E.
Fridley, MN 55432
(612) 571-3450
Office of the City Manager
Wiiliam W. Burns
TO: The Iionorable.Mayor and City Council
FROM: William W. Burns, City Manager �, ���
DATES
BIIHJSCT:
January 23, 1991
Purchase of Garry Pierce Property
At Monday night's meetinq, I will be recommending that we purchase
the property at 6132 Central Avenue N.E. This property is owned
by Garry Pierce of Bismarck, North Dakota. Most of you will
probably know it as the property next to Northwest Racquet Club.
The size of the property is 37,560 square feet. It is a
rectangular shaped piece of property, and is approximately
120' x 310'. It is zoned R-1. The terms of the agreement are as
follows:
1. The City agrees to pay the seller $38,000.
2. The seller agrees to pay any outstanding special
assessments on the property, which are approximately
$1,270.
3.
4.
The taxes are to be prorated to the date of sale.
Possession of the property is to occur at closing.
Funding for this project will come from the City's qeneral Capital
Improvement Fund. Although no money is specifically budgeted for
this purpose in 1991, we do have fund balances that can be used.
If Council approves the purchase, they should understand that a
check in the amount of $3,800 is needed to cover earnest money
requirements of the purchase agreement. The check would need to
be issued before the claims are approved at the February 11, 1991,
meeting.
I recommend your approval of this purchase agreement.
WWB:rsc
5A
RESOLUTION N0. - 1991
A RESOLUTION APPROVING THE PURCHASE OF REAL ESTATE
WHEREAS, Garry G. Pierce and Raren Pierce, husband and wife,
residing in Bismarck, North Dakota, are the owners of Lot 5, Auditor's
Subdivision No. 88, located in the City of Fridley, Anoka County,
Minnesota; and �
WHEREAS, the City Council has on previous occasion expressed an
intention to acquire this and other adjacent property for the purpose
of expanding the City park system; and
WHEREAS, the owners of said property have expressed a willingness
to sell the above described property to the City for the sum of
$38,000.00; and
WHEREAS, the City believes that said price fairly reflects the
market value of the subject real estate;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley hereby approves the purchase of Lot 5, Auditor's
Subdivision No. 88, for the sum of $38,000.00 and authorizes the Mayor
and the City Manager to sign an appropriate Purchase Agreement
effectuating said purchase.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
'�
-� _
:� -
CITY OF
FRIDLEY
.
FRIDLEY MUNICIPAL CEhTER • f}i31 UNIVERSITY AVE. N.E. FRIDLEY, MN 55-i32 •(6121571-3450 • FAX (61?1 571-1?R7
DECEMBER 14, 1990
MR. WILLIAM BURNS
FRIDLEY CITY MANAGER
FRIDLEY, MINN. 55432
RE: MARKET VALUE APPRAISAL OF 6132 CENTRAL AVE.
aka PIERCE PROPERTY PIN �13-30-24-34-0002
DEAR MR. BURNS,
HEREIN CONTAINED IS A REVISION OF MY APPRAISAL OF THE ABOVE CAPTIONED PROPERTY.
THE PURPOSE OF THIS APPRAISAL IS TO ESTIMATE THE MARKET VALUE OF THE FEE SIMPLE
INTEREST OF THE PROPERTY AS OF DECEMBER 14, 1990.
MARKET VALUE IS DEFINED AS THAT PRICE, IN CASH OR IT'S E(�UIVALENT, AGREED TO BY
A WILLING BUYER AND SELLER, FOR A PROPERTY OFFERED FOR SALE ON THE OPEN MARKET
FOR A REASONABLE LENGTH OF TIME.
THIS APPRAISAL WAS PREPARED TO ESTIMATE THE MARKET VALUE FOR POSSIBLE SALE.
ALTHOUGH A COMPLETE APPRAISAL WOULD HAVE INCLUDED A THOROUGH ANALYSIS IN FINE
DETAIL, THIS ABBREVIATED REPORT HAS CONSIDERED ADEQUATE DATA TO PROVIDE A
REASONABLE ESTIMATION OF THE MARKET VALUE OF THE SUBJECT.
BASED ON MY PERSONAL INSPECTION OF THE SUBJECT PROPERTY, AND ON THE DATA HEREI
CONTAINED AND ELSEWHERE, IT IS MY OPINION THAT THE MARKET VALUE OF THE SUBJECT,
AS OF DECEMBER 14. 1990 IS: 540,400
FORTY THOUSAND FOUR HUNDRED DOLLARS
RESPECTF LLY SUBMITTED,
LEON MADSEN
FRfDLEY CITY ASSESSOR
attachment
REVISION
TO APPRAISAL DATED 4-27-90
PROPERTY AT 6132 CENTRAL AVE.
� following is submitted as a revision of the report based on new data availabte.
� revision �evises the final value Conclusion and appraisal date.
�tion revised: Market Approach to Value.
Discussion:
REVISION:
The original appraisal arrives at a market value indication, for the
front 205' of the subject, of 536,000. This section goes on to vaiue
the remaining 105' of depth at S1 per sq foot or a12,600.
At the time of the originai appraisal, the final development of the
adjacent health club facility was in the middle stages of completion.
Of major importance, to the subject, was the final disposition of the
exterior yard deve►opment of the facitity. The original appraisai took
into consideration the potential of a need, by the health club
facility, for additional land which was available at the rear of the
subject. The resutting final development of the club yard improvements
would now considerably diminish this potentiality.
Therefore, the valuation of the excess depth portion of the subject is
revised. A basis for this adjustment, of necessity due to the lack
of good recent similar sales, is made with less qualified foundation, at
.35 per sq foot. This is based on oider studies made by the Fridley
Assessor's Office and used by them for similar property.
12,600 square feet @.35 = 54400 as value for the excess depth.
Added to the originai value of the front 205' of �36,000 resuits in a
total ind+cated value for the subiect, as of December 14, 1990 oi:
a40,400 FORTY THOUSAND FOUR HUNDRED DOLLARS
5C
5574595
FROM ED1NA REALTY PLVMOUTX OFFICE
Edina R�alty..
�
•1,23.1991 12�34 N0. 8 P. 2
VACANT LAND PURCHASE AG��T
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5574595
FROM EDINp REA�TV PLVMOUTM OFFICE •3.23.1991 12=SS N0. 8 P. 3
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-���" ��.��::���� �RECEIUEF FRGh 1 7!1 225 i182 01.:5.1991 t:�39 P. 2
DATE:
Engineenng
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
- ��
. �
William W. Burns, City Manager �(' PW91-16
John G. F1ora,�Public Works Director
January 10, 1991
SUB.7ECT: 1991 Public Works Maintenance Capital Outlay Budget -
Skid-Steer Loader and Cold Planer
In the 1991 Public Works Maintenance Capital Outlay Budget approved
by the City Council, there is $23, 500. 00 identified for a Skid-
Steer Loader and Cold Planer to improve the street patching and
crack repairs throughout Fridley.
The specifications have been prepared and we are now ready to
advertise for bids. The bid opening will be February 20, 1991, and
the recommendation to award the contract is scheduled for the
Council meeting of February 25, 1991.
The existing Waldon Skid-Steer Loader No. 763 will be traded in.
This machine was purchased in 1974.
Recommend the City Council authorize the advertisement for bids for
the Skid-Steer Loader and Cold Planer to be purchased in February
of 1991.
MOTION: Motion to approve the advertisement for bids for one (1)
Skid-Steer Loader and Cold Planer identified in the 1991
Public Works Maintenance Capital Outlay Budget.
JGF/BN/kn
�
�
�
F�DL�.Y
!O BIDDERS
�R AND COLD PLANER
Sealed bids will be received and publicly opened by the City of
Fridley, Anoka County, Minnesota, at the office of the Public Works
Director, 6431 University Ave., N.E., Fridley, NIIJ, 55432, (Tel.
571-3450), on Wednesday, the 20TH DAY OF F88RIIARY, 1991, at 11:00
A.M., for the furnishing of a Skid-Steer Loader Cold Planer.
All in accordance with specifications prepared by John G. Flora,
P.E., Public Works Director, Fridley City Hall, 6431 University
Ave., N.E., Fridley, I�I, 55432, (Tel. 571-3450).
Specifications may be examined at the office of the Public Works
Director and copies may be obtained for the Equipment Dealer's
individual use by applying to the Public Works Director.
Bids must be made on the basis of cash payment for the machine, and
accompanied by a cash deposit, certified check (on a responsible
bank in the State of Minnesota) or a bidder's bond made payable
without condition of the City of Fridley, MN, in an amount of not
less than 5 percent (5�) of the total amount of the bid.
The City Council reserves the right to reject any and all bids and
to waive any informalities in any bids received without
explanation.
No bid may be withdrawn for a period of thirty (30) days.
By order of the City Council of the City of Fridley, Minnesota.
Dated this 28th day of January, 1991.
Published:
FRIDLEY FOCUS:
January 30, 1991
February 6, 1991
February 13, 1991
John G. Flora, P.E.
PUBLIC WORKS DIRECTOR
• �
Engineering
Sewer
Water
Parks
Sireets
Maintenance
MEMORANDUM
.
TO: William W. Burns, City Manager �� PW91-12
�
FROM: John G. F1ora,��Public Works Director
DATE: January 10, 1991
SIIBJECT: 1991 Public Works Tree and Stump Removal Contract
In the 1991 Public Works Maintenance Budget approved by the City
Council, there is $20,000.00 identified for the annual Tree and
Stump Removal Contract.
The specifications and contract documents have been prepared and
we are now ready to advertise for bids from tree removal
contractors. The bid opening will be February 14, 1991, and the
recommendation to award the contract is scheduled for the Council
meeting on February 25, 1991.
Recommend the City Council authorize the advertisement for bids for
the annual Tree and Stump Removal Contract.
MOTION: Motion to approve the advertisement for bids for the Tree
Removal Contract identified in th.z; 1991 Public Works
Maintenance Budget.
JGF/BN/kn
7
/
�
FWDLF.Y
NOTICB TO BIDD8R8
1991 PIIBLIC IIORRS TREB l�i1dD BTIIMP REMOVAL CONTRACT
aaled bids will be received and publicly opened by the City of
ridley, Anoka County, Minnesota, at the office of the Public Works
irector, 6431 University Ave., N.E., Fridley, l�i, 55432, (Tel.
71-3450), on Wednesday, the 14TH DAY OF FEBRIIARY, 1991, at 11:00
.M., for the furnishing of the 1991 Public Works Tree and Stump
:moval Contract. �
till in accordance with specifications prepared by John G. Flora,
P.E., Public Works Director, Fridley City Hall, 6431 University
Ave., N.E., Fridley, I�IIJ, 55432, (Tel. 571-3450).
Specifications may be examined at the office of the Public Works
Director and copies may be obtained for the Tree Contractor's
individual use by applying to the Public Works Director.
The City Council reserves the right to reject any and all bids and
to waive any informalities in any bids received without
explanation.
No bid may be withdrawn for a period of thirty (30) days.
By order of the City Council of the City of Fridley, Minnesota.
Dated this 28th day of January, 1991.
John G. Flora, P.E.
PUBLIC WORKS DIRECTOR
Published: FRIDLEY FOCUS:
January 30, 1991
February 6, 1991
February 13, 1991
7A
Englneer�ng
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
����
�: William W. Burns, City Manager �� PW91-28
�
FROM:
DATE:
8IIBJ8CT:
John G. Flora, Public Works Director
January 24, 1991
Receive Bids and Award Contract for Well
No. 12 Booster Station Project No. 216
We have received the attached recommendation from HNTB for the
modification work for Well No. 12 Booster Station Improvement
Project No. 216. HNTB recommended A& K Construction, Inc., low
bid for base bid, pressure activated valve, Alternate No. 1, water
monitoring meter and Alternate No. 2, valve type, for a total of
$12,826.00. �
The project consists of the Booster Station piping modifications
to include the pressure relief valve and the water monitoring
meter.
The 1990 Water Utility Capital Improvement Budget approved by the
City Council, there is $13,000.00 identified for the modification
to Well No. 12 Booster Station. Recommend the City Council receive
the bids and award the contract to A& K Construction, Inc. for a
total of $12,826.00.
JGF/BN/ts
Attachments
�
�
�
FRIM�Y
NOWAR� N6i�li9 TAMMEN C�EFIOENOOFF G'(�J Franc�c � A
AqCMITBC'rtB 6NOINEERS PLANNERS .�tYrtut Soutb
lurte 1GG
January 23, 1991
Mr. John G. Flora
Director of Public Works
City of Fridley
Civic Center
6431 University Avenue NE
Fridley, MN 55432
Re: Well No. 12 Booster Station Improvements
Dear Mr. Flora:
.Nru»w{pc�lu. .11innesuk?
ss�sx
� 612) 93p-4C(�G
HNTB has campleted its review of the bids for the above-referenced project. We
reconunend that the project be awarded to A&K Construction, Znc. We futther recommend
that the City of Fridley accept b�th Alternates No. 1 and No. 2. 'There£ore, the project
shUuld be awarded for the total amount of 512,826 as follows:
Base Bid:
Alternate No. 1:
Alternate No. 2:
9,477.00
+3,649.00
- 300.00
�12,826.00
Yf you have any questions regarding this submittal, please feel free to call.
Sincerely,
HOWARD NEEDLES TAMIVIEN & BERGEI�'DOFF
� � � �► \
Thomas A. Roushar
TARivw
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FIRE DSPARTMSNT
Y � � • �i:�;�•i�1 �
91-1-5
�A.
�o
MEMO TO: WILLIAM W. B�RNB� CITY MANAaERr�•
FROM: ROBERT D. ALDRICH, FIRF CHIEF
�c_.,✓z�Z /
DATE: JANOARY 17� 1991
SIIBJECT: CHANGE ORDER - NEW FIRE APPARATIIS
When the pre-paint inspection of the new fire apparatus was made
it was felt necessary to add two minor changes to the truck.
I discussed with Rick Pribyl how best to handle these changes. He
advised me that as the changes are a part of the truck it is best
that they be handled as a change order.
I have attached a change order adjusting the contract price and
recommend approval by the City Council.
RDA/ss
�--�,�,.
�''.
_
CITYOF
FRI DLEY
• �
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612> 571-1287
January 17, 1991
Boardman Fire Equipment
1401 SW llth St.
Oklahoma City, OK 73108
Gentlemen:
BUBJECT: CHANGE ORDER # 2- BPECIFICATION FD 90-1
You are hereby ordered, authorized, and instructed to modify your
contract for the 1250 GPM Pumper/Tower by adding the following
work:
Addition•
ITEM
1. Add two (2) 32 candlepower rectangular lights
below red lights over outrigger. Control from
master electrical switch on rear operator's
panel.
2.
3.
Add two full length dividers at edge of pedestal
base.
Delete license plate bracket.
TOTAL ADDITIONS
Original Contact Amount
Contract Additions - Change Order No. 2
REVISED CONTRACT AMOUNT
AMOUNT
$22s.00
206.00
- 15.00
$419.00
$206,322.00
419.00
5206.741.00
Submitted and approved by Robert D. Aldrich, Fire Chief, on the
17th day of January, 1991.
Prepared by
Checked by
Boardman Fire Equipment
Changer Order #2
January 17, 1991
• ��
�
Robert-D. Aldrich, Fire Chief
Approved and accepted this day of , 1991 by
BOARDMAN FIRE EQUIPMENT
Mel Lomax, Sales Manager
Approved and accepted this day of , 1991,
CITY OF FRIDLEY
William J. Nee, Mayor
William w. Burns, City Manager
10
FIRE DEPARTMENT
MEMORANDIIM
91-1-6
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MEMO TO: WILLIAM W.�BIIRNB, CITY MANAGER �• `
FROM: ROBERT D. ALDRIC$� FIRE CHIEF �N `�
DATE: JANUARY 22, 1991
SUBJECT: MNDOT AGREEMENTS
Enclosed are copies of the standard agreement MnDOT requires for
the installation of the Emergency Vehicle Pre-emption (Opticom)
system. This agreement is for the installation located on 61st &
University, 69th & University and Osborne Road & University.
The estimated cost of $4,475.00 is available in the Capital
Improvements allocation for this project.
I recommend the City Council approve the agreements and authorize
the signing of the agreements and disbursement of $4,475.00
Thank you for your assistance.
RDA/ss
Attachment
!*�NNESOr'9
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Minneaota Department of Tranaportation
Metropolitan Dist�ict
Transportation Building
St. Paul, Minnesota 55155
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Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
6 4 3 i v.v� ��E.e s�� > �9��L .�.E
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Reply to
Telephone No
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ATTII�TION : -J c,4,v .��'. jL �' E' �
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�,c�ar rx�. • � 7 9 z �
TYPE OF AGRE�IT: T�A�f� C�'n-v ;.�r- �
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l. The oriqinal and Z copies of this agreenent must be signed by the
appropriate city�eee��- off icials.
Must bear the city's/oe�s seal.
2. _�� copies of the city's�e�s resolution designating officers to
execute the agreement must be certif ied, including seal .
3. When this agreement'becanes fullv executed, one of the copies will be
returned to the city/ee��
Kindly return the executed agreenent and resolutions to:
-�d-u �z �
St� C. Bucko
Agreement �ecialist
Minnesota Deparbnent of Transp�rtation
5801 Duluth Street
Golden Valley, N�1 55422
_ - ---�
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MINNESOT�
1990
An Equal Opportunity Employer
�ATIOIr DEPARTMENT
20L SIGNAL
AGREEMENT NO. 67929
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF FRIDLEY
FOR
� .
Installation of E�nergency Vehicle Pre-emption at the existing
Traffic Control Signals on Trunk Highway No. 47 (University
Avenue) at 61st Avenue Northeast, 69th Avenue Northeast, County
State Aid Highway No. 8(Osborne Road) and 81st Avenue Northeast
in Fridley, Anoka County, Minnesota.
C.S. 0205
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
City of Fridley S4.475.00
AMOUNT ENCUMBERED
None
Otherwise Covered
10C
�REEMENT made and entered into by and between the
:a, Department of Transportation, hereinafter
referred to as the "'State"', and the City of Fridley, hereinafter
referred to as the MCity", WITNESSETH:
WHEREAS, the State has determined that there is
justif ication and it is in the public�s best interest to install
emergency Vehicle pre-emption at the existing traffic control
signals on Trunk Highway No. 47 (University Avenue) at 61st
Avenue Northeast, 69th Avenue Northeast, County State Aid Highway
No. 8(osborne Road) and 81st Avenue Northeast; and
WHEREAS, pursuant to Minnesota Statutes Section 161.39,
the Commissioner of Transportation may upon request provide
technical and engineering advice, assistance and supervision to
any county or municipality; and
WHEREAS, the City requests and the State agrees to
provide Emergency Vehicle Pre-emption Systems, hereinafter
referred to as the NEVP SystemsN, as a part of the existing
traffic control signal installations in accordance with the terms
and conditions hereinafter set forth; and
WHEREAS, the City and State will share in the cost,
construction, revision, maintenance, operation and removal of the
EVP Systems as hereinafter set forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The City with its own forces and equipment shall
provide and install the cables, detectors and lights for the EVP
67929
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10D
�ntrol signals on Trunk Highway
Avenue Northeast, 69th Avenue
Northeast, County State Aid Highway No. 8(Osborne Road) and 81st
Avenue Northeast, all at its own cost and expense.
2. The cost of all labor, materials, and equipment
rental required to complete the EVP System work, shall constitute
the actual NConstruction CostN and shall be so referred to
hereinafter.
3. The State with its own forces and equipment shall
provide and install the EVP Systems control and interface
equipment for the existing traffic control signals on Trunk
Highway No. 47 (University Avenue) at 61st Avenue Northeast, 69th
Avenue Northeast, County State Aid Highway No. 8(Osborne Road)
and 81st Avenue Northeast. Estimated Construction Cost is
$4,475.00. City�s share is 100 percent.
4. Upon execution of this agreement and a request in
writing by the State, the City shall advance to the State its
share of estimated Construction Cost.
5. Upon final completion and computation of the
actual Construction Cost, that amount of the funds advanced by
the City in excess of its share will be returned to the City
without interest and the City agrees to pay to the State that
amount of its share which is in excess of the amount of the funds
advanced by the City.
67929
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10E
6. The EVP Systems provided for in Paragraph 3 hereof
shall be installed, operated, maintained, revised or removed in
accordance with the following conditions and requirements:
a. All modifications, revisions and maintenance
of the EVP Systems considered necessary or
desirable, for any reason, shall be done by
State forces, or, upon concurrence in writing
by the State�s Traffic Engineer, may be done
by others all at the cost and expenses of the
City.
b. Emitter units may be installed and used only
by vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01,
Subdivision 5 and 169.03. The City will
provide the State�s Assistant District
Engineer or his duly appointed representative
a list of all such vehicles with emitter
units.
b. The City shall maintain and require others
using the EVP Systems to maintain a log
showing the date, time and type of emergency
for each time the traffic control signals
covered hereby are actuated and controlled by
the EVP Systems, and that said logs shall be
made available to the State upon request.
67929
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c.
d.
10F
of the EVP Systems shall be
�..r.._ ___ __ the State immediately.
In the event said EVP Systems or components
are, in the opinion of the State, being
misused or the conditions set forth in
Paragraph b. above are violated, and such
misuse or violation continues after receipt
by the City of written notice thereof from
the State, the State shall remove the EVP
Systems. Upon removal of the EVP Systems
pursuant to the Paragraph, the field wiring,
cabinet wiring and other components shall
become the property of the State. All
infrared detector heads and indictor lamps
mounted external to the traffic signal
cabinets will be returned to the City. The
detector receives and any other assemblies
located in the traffic control signal
cabinets, which if removed will not affect
the traffic control signal operation, will be
returned to the City.
All timing of said EVP Systems shall be
determined by the State through its
Commissioner of Transportation.
67929
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10G
7. Upon proper execution by the City and the State,
the EVP Systems for the existing traffic cor►trol signals on Trunk
Highway No. 47 (University Avenue) at 61st Avenue Northeast, 69th
Avenue Northeast, County State Aid Highway No. 8(Osborne Road)
and 81st Avenue Northeast shall become a part of Signal
Maintenance Agreement No. 1887-R between the City and the State
covering operation, revision, maintenance and removal of the EVP
Systems by State forces at the cost and expense of the City.
8. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
the City, and any and all claims that may or might arise under
the Worker's Compensation Act of this State on behalf of said
employees while so engaged, and any and all claims made by any
third party as a consequence of any act or omission on the part
of said employees while so engaged in any of the work
contemplated herein shall not be the obligation and
responsibility of the City.
9. Any and all persons engaged in the aforesaid work
to be performed by the City shall not be considered employees of
the State, and any and all claims that may or might arise under
the Worker�s Compensation Act of this State on behalf of said
employees while so engaged, and any and all claims made by any
third party as a consequence of any act or omission on the part
of said employees while so engaged in any of the work
67929
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contemplated herein shall not be the obligation and
responsibility of the State.
6'7929
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10H
CITY OF FRIDLEY
APPROVED AS TO FORM:
BY
City Attorney Mayor
(City Seal)
By
City Manager
STATE OF MINNESOTA
STATE OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
Assistant District Engineer
Operations Division
APPROVED AS TO FORM AND EXECUTION:
Assistant Attorney General -
State of Minnesota
67929
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10l
DEPARTMENT OF TRANSPORTATION
By
Assistant Commissioner
Dated
DEPARTMENT OF ADMINISTRATION
By
Dated
10J
RESOLUTION
BE IT RESOLVED that the City of Fridley enter into an
agreement with the State of Minnesota, Department of
Transportation for the following purposes, to wit:
For installation of emergency vehicle
pre-emption at the existing traffic control
signals on Trunk Highway No. 47 (University
Avenue) at 61st Avenue Northeast, 69th Avenue
Northeast, County State Aid Highway No. 8
(Osborne Road) and 81st Avenue Northeast in
accordance with the terms and conditions set
forth and contained in Agreement No. 67929, a
copy of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be
and hereby are authorized to execute such agreement, and thereby
assume for and on behalf of the�City all of the contractual
obligations contained therein.
CERTIFICATION
State of Minnesota
County of Anoka
City of Fridley
I hereby certify that the foregoing Resolution is a
true and correct copy of a resolution presented to and adopted by
the Council of the City of Fridley at a duly authorized meeting
thereof held on the day of , 1991,
as shown by the minutes of said meeting in my possession.
(Seal) City Clerk
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11
Community Development Department
G DIVISION
City of Fridley
DATSs January 23, 1991
TO: William Burns, City Manager�A'
FROM:
Barbara Dacy,�mmunity Development Director
Lisa Campbel�;�(..Planning Associate
SUBJECT: Resolution Requesting the State of Minnesota
Maintain S.C.O.R.E. Funding as Originally
Prescribed by the Legislators
On December 20, 1990, we met with City staff and Anoka County staff
persons, Tim Yantos and Carolyn Smith. You were present at this
meeting and know we forwarded our concerns about the year-to-year
uncertainty regarding County funding. We requested that the County
look at establishing a reliable funding source. At that time, the
funding proposal released an estimated $82,433 to the City of
Fridley for 1991.
On January 2, 1991, at the insistence of Commissioner McCarron, the
County would only agree to pass through S. C. O. R. E. funds the County
has received. This amount is roughly $350,000 for the first six
months of 1991. The estimated grant amount to the City of Fridley
for the first half of 1991 is $41,216.50.
Staff believes that this development demonstrates that the need to
protect S.C.O.R.E. funds is urgent.
Staff Recommendation
Staff, along with the Environmental Quality and Energy Commission,
recommends that the Council approve the attached resolution
requesting that the State of Minnesota maintain the current funding
formula under S.C.O.R.E. If approved, staff recommends forwarding
this resolution to the Anoka County legislative delegation under
a mayoral letter.
LC:ls
M-91-48
11A
REBOL�TION NO. - 1991
A REBOLIITION REQIIESTING THE STATS OF MINNESOTA
MAINTAIN B.C.O.R.E. FIINDING AS ORIGINALLY
PRESCRIBED BY TSE LEGISLATIIRE
WHEREAS, the City of Fridley, in 1985, implemented a comprehensive
solid waste abatement program, including curbside collection, a
drop-off site, a yard waste transfer site, and an office paper
recycling program; and
WHEREAS, the City of Fridley has abated approximately 5,200 tons
since 1985; and
WHEREAS, the City of Fridley recently acted to establish a fee for
its solid waste abatement program; and
WHEREAS, the City of Fridley intends to distribute containers for
curbside recycling collection city-wide in 1991; and
WHEREAS, the Minnesota State Legislature passed the S.C.O.R.E. bill
in 1989; and
WHEREAS, this legislation placed a 35� reduction goal by January
1, 1994, on the Seven County Metropolitan Area; and
WHEREAS, the metropolitan municipalities will play a critical role
in meeting this goal; and
WHEREAS, this legislation required a 6� sales tax be placed on
waste hauling service to pay for a portion of the programs mandated
under this legislation; and
WHEREAS, Anoka County distributes S.C.O.R.E. funds to the
municipalities for their use in abatement programs; and
WHEREAS, the municipalities are dependent on these S.C.O.R.E. funds
as budget revenue from Anoka County, in order to fund waste
abatement programs;
NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley requests
the State of Minnesota maintain the existing funding formula under
S.C.O.R.E. and maintain current levels of funding to metropolitan
counties.
BE IT FURTHER RESOLVED that the City of Fridley requests that the
State of Minnesota distribute the S.C.O.R.E. funds for solid waste
abatement programs as the originally prescribed purpose under the
Legislation.
1�B
Resolution No. - 1991 Page 2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 1991.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY HAAPALA - CITY CLERK
Eng�neenng
Sewer
Water
Parks
Streels
Maintenancc
MEMORANDUM
��
TO: William W. Burns, City Manager p,� PW91-9
A�
FROM: John G. Flora, �lublic Work Director
Mark A. Winson, Asst. Public Works Director �
Jon Thompson, Construction Inspector & Estimator
DATE: January il, 1991
BIIBJECT: Corridor Maintenance Project No. 217
This will be the third (3rd) year of the Corridor Maintenance
Project. In previous years the contract ran for seven (7) months,
from April 15 to November 15.and throughout most of the growing
season, weekly cutting was necessary to meet the specified lengths
desired.
In 1988 the contract was let for $36,000.00. In 1989 the contract
went for $32,000.00.
For 1991, the City Council has only budgeted $19,089.00 for this
project.
On January 10, 1991, we met with Dan Laing of MnDOT, the
Maintenance Supervisor for this region. We discussed the
University Avenue Corridor Maintenance needs and came up with the
following plan for this year.
The City of Fridley will let the Corridor Maintenance Project for
the time frame of April 15, 1991, to August 1, 1991. This will
include the spring clean-up, weed killing applications and mowing.
MnDOT will then maintain the corridor from August 1 until the end
of the growing season on a more frequent schedule than normal,
hopefully grass cutting twice per month.
In the specifications currently being prepared, we will have two
separate bid items, one for the University Avenue and one for the
East River Road areas. This process will allow us to be able to
decide which portions to award to stay within the budget restraints
if the bids are more than that allocated.
JGF/MAW/JT/kn
12
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12A
REBpI�TPI�i 1�U. - 1991
•�s. • � •. •��i�::,�• s � �• •.� � s i�, •.� � • •i- i�
•1•1�,]1- � � � � :�f•� ;17 �51 '�1• : ��_ •�1•�• ��• • r• � �1 r� �+-
..• } •
�8, the o�nstruction of oertain ing�rovem�nts is deemed to be in the
iritex�est of the City of F�idley ar�d the property vwners affected thereby.
I�7W, T�RE, BE IT RE80LVED'by the City Oau�cil of the City of FYidley, Anolm
Caunty, Minnesata as follvws:
1. 'Itsat tne follawir�g ing�rov�nents prq�osed by owncil Re.solutioa�.s are
hereby ozdered to be effec.•ted and oouq�leted as required:
•• ;�; ���.� y►: �,�4�,r; ,!�= {;•�_ 1�.� •
2. The plans arid specifications prepared by the Public Works Director for
such i.�rave�ments are hereby approved ar�d shall be filed with the City
Clerk.
Zhe Public Works Direc,�tor shall acoordirigly prepare ar�d cause to be
inserted in the official npwspaper advertis�nents for bids upon the making
of such inq�rove�nents urYier suc� appraved plans ar�d specifications. The
advertisement shall be published for three (3) weeks (at least 21 days),
and shall specify the woork to be done ar�d will state that the bids will
be opened arxi oonsidex�ed at 11:00 a.m. � the 27th day of �'eb�vasy, 1991,
and that no bids will be oonsidered unle.ss sealed arxi filed with the
Public Works Director. That the advertise�nt for bids for QORR�OR
PlbD�7DGT N�. 217 shall be substantially in the starxla�d form.
PASSID AI�ID ADOPTID BY 'I� QTY QOi�IL OF T� CITY OF FR'mLEY ZiIIB 28'IZi nAY OF
.TANiJARY� 1991.
WIIZ,IAM J. NEE - N�YOR
A'ITF�'T:
n- r. . .. « �.
12B
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Sealed bids will be Y�eceived ar�d publicly ape.r�ed by the City of FYidley, Anoka
Oaunty, Minnesota, at the offioe of the Public Works Directflr, 6431 University
Avenue N.E., Fridley, Minnesota 55432 (Te1. 571-3450) oaz the 27th day of
February, 1991, at 11: 00 a.m. , for ti�e furn; �+; � of w�rk at�d materials for
QO�RIDpR 1�II�TI'II� PROJELT #217.
57 A�res Mowirig, tri�ning and other maint�enanoe as specified.
All in aocordanoe with plans and specifications prepared by John G. Flora, P.E.,
Public Works Director, FYidley City Hall, 6431 University Avenue N.E., Fridley,
MN 55432 (Tel. 572-3550).
Plans ar�d specifications may be examined at the offioe of the Public Works
Direc�tor ar�d oapies may be abtained for the dontractor's individual use by
applying to the Public Works Direct.or.
Bids must be made on the basis of cash payment for wnrk, arid aooca�anied by a
cash deposit, certified check (on a responsible bank in the State of Minnesota)
or a bidder's bond made payable withaut corr3ition to the City of Fridley, NIl�1,
in an amount of not less than five (5�) per cent of the total am�ow�t of the bid.
`Ihe City reseYVes the right to reject any and all bids and to waive any
informalities in any bids reoeived withaut explanation.
No bid may be withdrawn for a periai of forty-five (45) days.
By order of the City �il of the City of �idley, Mfinnesota•
Dated the 28th day of January, 1991.
John G. Flora, P.E.
PUBLIC WI�RI�S DIRECPOR
Published: FYidley Focu.s Construction Bulletin
February 6, 1991 FebrvaYy 8, 1991
February 13, 1991 Febn�aYy 15, 1991
Feb�y 20, 1991 Febn�aYy 22, 1991
IEngfneenng
�Sewer
Water
Parks
IStreets
Maintenance
MEMORANDUM
w r
l`�
TO: William W. Burns, City Manager �!' PW91-27
,[ ��
FitOM: John G. F1ora,IPublic Works Director
DATE: January 23, 1991
SIIBJECT: Resolution for Lake Pointe Development Maintenance
Project No. 218
Attached is the resolution orderinq improvement, approval of plans
and advertisement of bids for Lake Pointe Development Maintenance
Project No. 218.
This resolution is beinq provided for execution by the City as
directed by the Fridley HRA at their January 10, 1991, meeting.
This will be the fourth year of this program and wiii cover all
maintenance of the forty-four (44) acre site.
Recommend the City Council approve the attached resolution.
JGF/kn
Attachment
�3
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13A
RESOLIITION NO. - 1991
REBOLIITION ORDERINa IMPROVEMENT� 1�iPPROVAL OF PLANS 71ND
ORDERINQ� ADVERTISEMENT FOR BIDB; L�i10E POII�IITE D$VELOPMENT
MAZNTENANCE PROJECT �TO. Z18
11HEREAB, the construction of certain improvements is deemed to be
in the interest of the City of Fridley and the property owners
affected thereby. .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley, Anoka County, Minnesota as follows:
1. That the following improvements proposed by Council
Resolutions are hereby ordered to be effected and completed
as required.
LARE POINTE DEVELOPMENT MAI�TT$NANC$ pROJBCT NO. 218
2. The plans and specifications prepared by the Public Works
Director for such improvements are hereby approved and shall
be filed with the City Clerk.
The Public Works Director shall accordingly prepare and cause
to be inserted in the official newspaper advertisements for
bids upon the making of such improvements under such approved
plans and specifications. The advertisement shall be
published for three (3) weeks (at least 21 days), and shall
specify the work to be done and will state that the bids will
be opened and considered at 10:30 a.m. on the 27th day of
February, 1991, and that no bids will be considered unless
sealed and filed with the Public Works Director. That the
advertisement for bids for LAKE POINTE DEVEIAPMENT MAINTENANCE
PROJECT NO. 218 shall be substantially in the standard form.
PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY T8i8
28TH DAY OF JANUARY, 1991.
William J. Nee - Mayor
ATTEST:
Shirley A. Haapala - City Clerk
13B
.. ..- . : ,...�..:
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Sealed bids will be �ived azxi publicly tip�x�ed for the HI2A by the City of
Fridley, Anoka C7a�uzty, Minr�ota, at the offioe of the Public Works Direct.or,
6431 University Avernie N.E., FYidley, Miru�so�ta 55432 (Tel. 571-3450) on the 27th
day of FE�,RY, 1991, at 10: 30 a.m. , for the fi�rni chi m of wurk arxl materials
for I� POIIJI'E D�VIIDPl�TP 1�TNi'�Il� PA0�T8�.T �218.
44 Acres Mowir�g, trimnir�q arid otller mairitenanoe as specified.
All in acoon�ar�oe with plans arid s�ecificatioaLS pre�ared by Jahn G. Flora, P.E.,
Public Works Direc�t-.or, Fridley City Hall, 6431 University Avenue N.E., Fridley,
MN 55432 (Tel. 571-3450).
Plans arid specifications may be ex�mined at the offioe of the Public Works
Director arrl oo�ies may be abtained for the Contractor's individual use by
applying to the Public Works Director.
Bids �ust be made on the basis of cash paymer�t for w�rk, ar�d a��ied by a
cash deposit, oertified check (on a responsible bank in the State of Minnesota)
or a bidder's bond made payable witho�ut oonditioaz to the City of FYidley, NIl�T,
in an amo�mt of nat less than five (5�) per aent of the total amamt of the bid.
'Ihe I�2A resexves the ric�t to reject ariy ar�d all bids ar�d to waive ariy
informalities in ariy bids reoeived withcut explanation.
No bid may be withdrawn for a period of forty-five (45) days.
By order of the i�2A of the City of Fridley, Minnesota.
Drated the lOth day of January, 1991.
Published: Fridley Focu.s
FebruaYy 6, 1991
Febniaty 13, 1991
Febnlary 20, 1991
Jd�ui G. Flora, P.E.
PfJBLIC Wt�ZKS D�R
Oonstruction Bulletin
Febn�ary 8, 1991
FebnlaYy 15, 1991
FebYVaYy 22, 1991
Engineering
Sewer
Water
Parks
Slreets
Maintenance
MEMORANDUM
�
TO: William W. Burns, City Manager ��' PW91-23
FROM: John G. Flora,�'birector of Public Works
Mark A. Winson, Asst. Public Works Directorly�
DATE: January 23, 1991
BIIBJECT: MSAS Designation for Riverview Terrace
The City of Fridley, under current rules, is 1.15 miles under the
limits for MSAS designated streets. The attached resolution
designates portions of 79th Way, Riverview Terrace and Kimball
Street (1.0 miles) as a MSAS route subject to the approval of the
Commissioner of Transportation. The designation will allow the
City to collect state funds for maintenance and improvements to the
streets.
Request the Council favorably consider the attached Resolution at
the January 28, 1991, Council meeting..
JGF/MAW/kn
Attachment
14
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C17YOF
FWDL.EY
14A
RESOLIITIOW �i0. - 1991
RESOLUTiON EBTABLISHINC� lttJiTICIPAL BTATE AID BTREETS
11HEREAB� it appears to the City Council of the City of Fridley that
the streets hereinafter described should be designated as Municipal
State Aid Streets under the provisions of the Minnesota Laws of
1967, Chapter 162.
NOW, THEREFORF, BE IT RESOLVED by the City Council of the City of
Fridley, County of Anoka, that the streets described as follows,
to-wit:
Municipal State Aid Street No.
?9th Way - Riverview Terrace to Alden Way
Municipal State Aid Street No.
Riverview Terrace - 79th Way to Kimball Street
Municipal State Aid Street No.
Kimball Street - Riverview Terrace to East River Road
be and hereby are established, located and designated the Municipal
State Aid Streets of said City, subject to the approval of the
Commissioner of the Minnesota Department of Transportation.
BE IT FIIRTBER RESOLVED, that the City Clerk is hereby authorized
and directed to forward two (2) certified copies of this Resolution
to the Commissioner of the Minnesota Department of Transportation
for his approval of the designation of said streets, that the same
be constructed, improved and maintained as the Municipal State Aid
Streets of the City of Fridley, to be numbered and known as
Municipal State Aid Streets respectively.
PA88ED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS
28TH DAY OF JANIIARY, 1991.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
I �2 3 4 S s
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Engineering
Sewer
Water
Parks
Slreets
Maintenance
MEMORANDUM
��
TO: William W. Burns, City Manager �� PW91-24
FROM: John G. Flora,`Director of Public Works
Mark A. Winson, Asst. Public Works Director��
DATE: January 22, 1991
SIIBJECT: Highway 65 Improvements between 52nd and 53rd Avenue
15
The Minnesota Department of Transportation will be improving
Highway 65 from 45th Avenue to 53rd Avenue this summer.
Improvements include the addition of turning lanes, signal
improvements and median reconstruction.
The City has been requested to participate in the costs
attributable to signal enhancements, sidewalk reconstruction,
engineering and traffic control. Additionally, the City has
requested and required to pay for the use of red brick in the
medians and durable pavement markings. The 1991 Capital
Improvement Budget provides $80,000.00 for this improvement.
Preliminary estimates from MnDOT indicate the City's share of the
cost will be approximately $40,000.00.
Request the City Council consider the attached Resolution at the
January 28, 1991, Council meeting supporting the project.
JGF/MAW/kn
Attachment
�
CliYOF
fii1DLEY
15A
RESOLIITION NO. - 1991
RESOLOTION BUPPORTING THE IMPROVEMENTS OF S.P.
0207-54 (T.H. 65 FROM 45TH AVENUE N.E. TO I-
694) IN COLIIMBIA BEIGHTB AND FRIDLEY STREET
IMPROVEMENT PROJECT NO. ST. 1990 - 5
WHEREAS, the City of Fridley is interested in improving the safety
and traffic movements along T.H. 65 in Fridley; and
1�HEREAB, the intersections of 52nd Avenue and 53rd Avenue with T.H.
65 handle a large volume of vehicles requiring improvements to
turning lanes; and
WHEREAB, the Minnesota Department of Transportation is proposing
to improve T. H. 65 between 4 5th Avenue N. E. and I-694 and these
improvements will include reconstruction of center islands,
medians, turning movements, sidewalks, storm sewer and signal
revisions; and
WHEREAB, although MnDOT has received FAU Funds to design and
construct these improvements there will be certain costs to the
City of Fridley. Certain improvements requiring City and State
cost sharing include the following:
1. Use of red brick in medians and other City requested
areas within the project
2. Use of durable pavement markings to be placed on
intersecting City streets
3. Sidewalk reconstruction
4. Construction engineering
5. Signal enhancements
6. Traffic control
7. Mobilization; and
NHEREAB, the City has provided $80,000.00 in the 1991 Capital
Improvement year for these improvements along T.H. 65 within
Fridley.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley that support be given for the above construction and that
the specified cost sharing improvements are approved and are to be
paid from the approved budget by the City of Fridley.
pASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS
28TH DAY OF JANIIARY� 1991.
WILLIAM J. NEE - MAYOR
ATTE5T:
SHIRLEY A. HAAPALA - CITY CLERK
f
�� �a
9
TO: WILLIAM W. BIIRNS, CITY MANAGER
FROM: RICHARD D: PRIBYL, FINANCE DIRECTOR
BIIBJECT: ADDITIONAL CLAIM FOR MONDAY EVENINGS AGENDA
DATE: January 25, 1991
Attached is a claim to TBC Fabrication, Inc., who provided to the
City of Fridley the new 1250 GPM pumper with 500 gallon tank and
55' tower (Telesquirt). Bob Aldrich has requested that this claim
be added to Monday night's agenda.
RDP/me
Attachment
FOR CONCURRENCE BY THE CITY COUNCIL
GAS SERVICES
Erickson Plbg Htg Cool Inc.
440 Pierce Street �
Anoka, MN 55303 Ron Erickson �
Thrane, Incorporated
5821 Cedar Lake Road
St. Louis Park, MN 55416
Wolf Plumbing & Heating
6021 Xerxes Avenue S
Minneapolis, MN 55410
Robert Thrane
Ronald Wolf
GENERAL CONTRACTOR
Kreps, Ray Construction Co.
1676 Chatham Avenue
Arden Hills, MN 55112 Raymond Kreps
Robbie Construction Inc.
3985 Evergreen Place
Shoreview, MN 55126
Stewart Homes Inc.
1790 -118th Ave NE
Blaine, MN 55434
S W Wold Construction Inc.
16676 Valley Drive
Andover, MN 55304
Robert Michaletz
Skip Stewart
Scott Wold
HEATING
Erickson Plbg Htg Cool Inc.
440 Pierce Street
Anoka, MN 55303 Ron Erickson
Thrane Incorporated
5821 Cedar Lake Road
St. Louis Park, 1�T 55416
PLOMBING
Wolf Plumbing & Heating
6021 Xerxes Avenue South
Minneapolis, MN 55410
Robert Thrane
Ronald Wolf
LICBp8E8
19
CLYDE WILEY
Bldg/Mech Insp
Same
Same
DARREL CLARK
Chief Bldg Ofcl
Same
Same
Same
CLYDE WILEY
Bldg/Mech Insp.
Same
STATE OF MINN