06/03/1991 - 6186OFFICIAL CITY COIINCIL AGENDA
COUNCIL MEETING
JIINS 3, 1991
�
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CIIYOF
FRIDLEY
FRIDLEY CITY COIINCIL MEETING
ATTENDENCE SHEET
Monda.y , Jlme 3 , 1991
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY) ADDRESS
ITEM
NUMBER
`� �r S?v -g�
� FRIDLEY CITY COUNCIL
=��ypF JIINB 3, 1991
PLED(3E OF ALLECiIANCE:
�RESENTATION OF PROCLAMATIONB:
Foreign Exchange Student Week
June 3 - 9, 1991
Lara Claudia Rosales, Mexico
Saida Masina Sahari, Malaysia
APPROVAL OF MINIITES:
City Council Meetinq of May 20, 1991
r
�
ADOPTION OF AGENDA:
OPEN FORIIM. VIBITORB:
�'�'!�
•
(Consideration of items not on agenda - 15 minutes)
PIIBLIC BEARING:
To Amend Chapter 205 of the Fridley '
City Code, Entitled "Zoning," by
Deleting Section 205.09.05.D.(7) and
Section 205.09.07.F and Renumbering
the Remaining Sections Consecutively . . . . . . . . . 1 - 1B
� �
FRiDLEY CZTY COIINCIL MEETINa OF JIINS 3, 1991 Paqe 2
OLD BIISINESB:
Second Readinq of an Ordinance
�stablishing a New Chapter of the
City Code of the City of Fridley,
Chapter 31, Entitled "Pawn Shops"
and Amendinq Chapter 11, "General
Provisions and Fees" . . . . . . . . . . . . . . . . . 2 - 2I
Approve Revised Comprehensive Sign
Plan for 100 Osborne Road N.E.
(Tabled 3/25/91) . . . . . . . . . . . . . . . . . . . 3 - 3F
NEW BU8INE88:
First Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 205, Entitled "Zoning,"
by Deleting Section ,105.09.05.D.(7)
and Section 205.09.07.F and
Renumbering the Remaining Sections
Consecutively . . . . . . . . . . . . . . . . . . . . . 4 - 4B
First Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 205, Entitled "Zoning" by
Amending Section 205.04, by Adding
New Section 205.04.09, "Above Ground
Fuel 3torage (AGFS) Tanks" . . . . . . . . . . . . . . 5 - 5A
Receive the Minutes of the CATV
Advisory Commission Meeting of
April 24, 1991 . . . . . . . . . . . . . . . . . . . . 6 - 60
FRIDLEY CITY COIINCIL MEETZNa OF JIINE 3, 1991 Paqe 3
�1EW BIISINE88 (CONTINUED):
Receive the Minutes of the Planning
Commission Meeting of May 22�199,�w; .�; . . . . . . . . . 7 - 7AA
i�y}.�.aV... � . f �
A. Establish Public Hearing for
June 17, �991, for a Vacation •
Request, SAV �91-02, by James
and Linda Peterson and Timothy
and Donnett Miller, to Vacate
the East 110 x 40 Feet of Dover
Street as Measured f�om the
East Riqht-of-Way Line of Broad
Avenue, subject to an Easement
for utility purposes over the
Southerly 20 Feet of the Portion
of Dover Street to be Vacated
and a Walkway Easement over the
Northerly 10 Feet of the
Southerly 20 Feet of the Portion
of Dover Street to be Vacated,
Generally Located South of
591 Dover Street and North of
7995 Broad Avenue ............... 7E - 7I
............... 7K - 7AA
Receive Items from the Appeals
Commission Meeting of May 14, 1991: . . . . . . . . . . 8 - 8Z
A. Variance Request, VAR #91-09,
by Seviola Construction
Company Representing Robert
P. McKay, to Reduce the Front
Yard Setback from 35 Feet
to 29.5 Feet, to Allow the
Construction of a Garage
Addition in Front of the
Existing Garage on Lot 6,
Block 5, Innsbruck lst
Addition, Generally Located
at 5218 Matterhorn Drive N.E. ... 8- 8M
FRIDLEY CITY COQNCIL ME$TING OF JIINS 3, 1991 paqe �
NEW BIIBINE88 (CONTINtTED)t
Receive Items from the Appeals
Commission Meeting of May 14, 1991
(Continued):
B. Variance Request, VAR �91-i1,
by Mark Hillstrom, to Reduce
the Front Yard Setback from
35 Feet to 21 Feet, to Allow
the Construction of a 16
Square Foot Foyer onto the
Front of the House, and the
Construction of an Attached
Carport in the Side Yard,
Generally Located at 570
Ironton Street N.E . ............. 8N - 8Z
Reissue Special Use Permit,
SP #89-08 for a New Tenant at �
7570 Highway 65 N. E. . . . . . . . . . . . . . . . . . 9 - 9I
9
Approve Letter to Innsbruck
Townhome Owners Regarding
Fire/Draft Stops . . . . . . . . . . . . . . . . . . . 10 - l0A
Reschedule Public Hearing for
July 22, 1991, for an Ordinance
Amending Section 2.05 of the
Fridley City Charter . . . . . . . . . . . . . . . . . il - 11B
FRIDLEY CITY COIINCIL iiE$TINa OF JIINS 3, 1991 Paqe 5
NEW BIISINE88 (CONTZNIIED):
Establish a Public Hearing for
July 22, 1991, for an Ordinance
Amending Section 2.03.07 of the
Fridley City Charter . . . . . . . . . . . . . . . . . 12 - 12A
Resolution Authorizing Chanqes
in Appropriations for the Capital
Improvement Fund and Authorizing
the Transfer of Funds from the
Capital Improvement Fund, Street
Division, to the 1989 Street Fund . . . . . . . . . . . 13 - 13D
Resolution Adopting the Amer►ded
Joint Powers Agreement for 6-Cities
Watershed Management Orqanization . . . . . . . . . . . 14 - 14V
Resolution Endorsinq Alternative
Funding for State Aid Programs . . . . . . . . . . . . 15 - 15C
Informal Status Reports . . . . . . . . . . . . . . . . 16
FRIDLEY CZTY COIINCIL 1�S$TING OF JUNE 3, 1991 Paqe 6
NEW B�SINESS (CONTINLTED) :
Claims . . . . . . . . . . . . . . . . . . . . . . . . 17
Licenses . . . . . . . . . . . . . . . . . . . . . . . 18 - 18C
Estimates . . . . . . . . . . . . . . . . . . . . . . . 19
ADJOIIRN:
Wiliiam J. Nee
Mayor
Fridiey, MN
•
STU DENT
FOREIGN EXCHANGE WEEK
June 3 - 9,1991
�Yt�'3f�?�,��[,5, our community sgreatest asset i.s our youth; and
�N�f��,��t,S, tFie �lmerican �"'�eC�IService (�1�"S) organizes arccf administers a
program which 6rings students from arounrf tFie world to our community; and
�h�3f��,�S, tkis intercFiange of cufture arcrt philosopky contri6utes to tFie
education and maturation of our youth in many arc�I variecl ways; and
�YV'3f�2�,��I,S, it is the desire of the City of �ridley to sFiow its appreciation and
support to our d'rsrinBuisFce�fguests;
�O�W, 73f�2�,��0?�,�, B� 17�50L�ED that I,'YVi��iam,�. �1(�e, J�fayor
of t6ie City of �"ri�f(zy Fiere6y proclaim tFce weel�,of,une 3rrt to 9th as Student
�"oreiBn �xcFiange �Yl�eek,
In Honor of Lara Claudia Rosales
of Mexico
B� I7 �'�Z.11�,73f2�, �,�SOL�ED tFiat Lara Claud'ia �sa(�es 6e made an
honorary citizen of tke City of �"ridley rfuring the duration of Fcer stay.
IJ1� �INI?J1��',SS `I�t�"X��,�O�; I Fcave
set m� harc�f and caused the seaf of the
City of �"rid�ey to 6e affi�ed tkis
3�day of �une,1991.
WILLIAM J. NEE, MAYOR
William J. Nee
Mayor
Fridley. MN
•
STUDENT
FOREIGN EXCHANG� WEEK
June 3 - 9,1991
�1�ER,��1S, our community sgr�eatest asset is our youth; and
�1a3fE�,��.5, tFce.�Imerican fielcfSe�vice (��"S) organizes arcrfadministers a
program whick drings sturlents from arouruCtke wor(.cf to our community; and
�YU3f�.�,�5, this inte�6iange of culture and philosophy contri6utes to tfi.e
education and maturation of our youth in many arul varier(ways; and
`���,�5, it is tFie desire of the City of �ridley to show its appreciation an�f
support to our d'�.stinguishecfguests;
�O`W, 7�[��,��"0�,�, BE 17�SOL`I�ED that I, �YVi'!.�'iam�. �1(�e, J�fayor
of t�ie City of �ridley Fcer�edy procfaim tFie weel�,of �une 3rrt to 9th as Student
.�"oreign �xcFiange 7Nee(�,
In Honor of Saida Masina Sahari
of Malaysia
B2 I7 �41�,7�fE2�, �,�,SOL�ED tkat Suicfa �►�tasina Sahari de made an
konorary citizen of the City of �"ricf�ey rfuring the duration of her stay.
I� �YVI?J1��',SS 7N3f��,�0� I have
set my �iand arccf cause�f tFie seal'of tFce
City of �rufley to 6e affi.�ed tFcis 3rrC
day of �une,1991.
WILLIAM J. NEE, MAYOR
TH$ MINIITES OF T88 FRIDL$Y CITY COUNCIL MESTINQ OF
MAY 20, 1991
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THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF
MAY 20, 1991
The Regular Meetinq of the Fridley City Council was called to order
at 7:32 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Councilmembers and audience in the Pledge of
Allegiance.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Councilman
Fitzpatrick
MEMBERS ABSENT: None
PRESENTATION OF AWARD:
. ' 1. � _ • . � ' �_ •' _ �_ � s•�_ _
Mayor Nee stated that the Council wished to present a plaque to
Walter Rasmussen in appreciation for his service on the Housing and
Redevelopment Authority. He stated that Walter has been a very
constructive force, not only in Fridley, but in northeast
Minneapolis and Anoka County. He stated that Walter has been
involved in commercial development and a number of public service
programs such as Habitat for Humanity. He stated that Walter is
retiring and the plaque will be delivered to him, as he was unable
to attend this meeting.
� • '_�• ��� �
PUBLIC WORKS WEEK, MAY 19 - 25j 1991:
Mayor Nee read and issued a proclamation proclaiming the week of
May 19 - 25, 1991, as Public Works Week. He called upon all
citizens and civic organizations to acquaint themselves with the
problems involved in providing public works and to recognize the
contributions public works personnel make every day to the health,
safety and comfort of Fridley's residents.
Mr. Flora, Public Works Director, accepted this plaque on behalf
of the Public Works employees.
FRIDLEY CITY COIINCIL MEETING OF MAY 20 1991 PAGE 2
APPROVAL OF MINUTES:
COUNCIL MEETING. MAY 6 1991•
MOTION by Councilman Fitzpatrick to approve the minutes as
presented. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
:�.�:� •� � ���_
The following two items were added under Item 13: (13D) Carnival
License for Skip Reinke at Holly Center on May 29 - June 2, 1991;
and (13E) Request to Waive Fee for a Banner at Marquette Bank.
MOTION by Councilman Schneider to adopt the agenda with the above
two additions. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
•' •' 1 •�
There was no response from the audience under this item of
business.
PUBLIC HEARING•
1, PiiRT.rr HFn12Tl�rr_ mn su�ND CHAPTER 205 OF THE FRtDLEY CITY CODE
ENTITLED "ZONING." BY AMENDING SECTIONS 205 04 "GEN RAL
PROVISIOAS." FOR ABOVE GROUND FUEL STORAGE TANKS:
MOTION by Councilman Fitzpatrick to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:39 p.m.
Ms. Dacy, Community Development Director, stated that Kevin Meeks,
an intern under the Urban Corps Program, and she have been working
with the Fire Department regarding this ordinance amendment on
above ground fuel storage tanks. She introduced Kevin to the
Council and stated that he would make a presentation regarding this
proposal.
Mr. Meeks stated Federal law requires that underground fuel storage
tanks (UGFS) be replaced by the year 2000. He stated that there
is concern due to the expense of replacement and installation of
the tanks that property owners, in order to save money, will switch
from underground to above ground fuel storage tanks. He stated
that aesthetic and safety impacts need to be addressed, and the
proposed ordinance would regulate the placement and installation
of above ground tanks.
FRIDLEY CITY COONCIL MEETING OF MAY 20, 1991 PAGS 3
Mr. Meeks stated that the Planning Commission has recommended an
amendment to the ordinance which provides for the regulation of the
above ground fuel storage tanks. Mr. Meeks reviewed the provisions
of this amendment as covered under Section 205.04, 9 A-H.
A video tape was shown on the locations of above ground fuel
storage tanks in the City.
Ms. Dacy stated that a letter was received from FMC Corporation
requesting clarification of the ordinance. She stated that they
wanted to�know the definition of a Class I fuel. She stated that
a Class I fuel is a flammable liquid, and a Class II fuel is a
combustible liquid. She stated that the word "fuel" would be more
clearly defined in this proposed amendment. Ms. Dacy stated that
FMC was also concerned about the requirement for fencing, and they
also asked if a tank cannot be seen from a public right-of-way
would fencing be required. She stated wording could be added that
if a tank cannot be seen from the right-of-way, the fencing with
slats will not be required.
MOTION by Councilman Billings to receive the letter from FMC
regarding this proposed ordinance amendment. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
Councilman Billings stated that if these tanks were not screened,
they may be an eyesore for adjacent property owners.
Ms. Dacy stated that as far as aesthetics, the tank should not be
visible from a public right-of-way. She stated in industrial
zoning districts it is required that vehicles be stored in the rear
yard and not be visible from a public right-of-way which is the
same approach that was used in regard to the above ground tanks.
Mayor Nee asked if there is a reason for the screening other than
aesthetics.
Ms. Dacy stated that it is primarily for aesthetic purposes, but
it is also a safety factor from the Fire Department's viewpoint.
Mr. Larson, Deputy Fire Chief, stated that most of Fridley's
existing tanks are screened. He stated that the larqe tanks have
a lot of valves, and that is the reason why they should be enclosed
with an eight foot fence. He stated that service stations are
required to install posts into the ground so that vehicles will not
back into the tanks. He stated that there never has been
documentation of an underground tank catching fire and exploding,
but there are many cases of above ground tanks catching fire.
Ms. Dacy stated that this amended ordinance would allow above
ground fuel storaqe tanks as a permitted accessory use in
commercial and industrial zoning districts. She stated that those
FRIDLEY CITY COIINCIL MEETING OF MAY 20. 1991 PAGB 4
persons wishing to install an above ground fuel storage tank must
meet requirements established by the Uniform Fire Code, the
Minnesota Pollution Control Agency, and obtain a permit from the
State Fire Marshall.
Ms. Dacy stated that in commercial zoning districts and for
automotive service stations in an industrial district, above ground
fuel storage tanks shall not exceed a 1,000 gallon capacity and/or
six feet in height and/or diameter. Ms. Dacy stated that the
intent was to prevent a service station from having an above ground
tank larger than 1,000 gallons. She stated that thi� would
prohibit the storage of gas above ground but would allow storage
of propane gas in an above qround tank.
Councilman Schneider stated that a business located in industrial
zoning could install a 5,000 gallon above ground fuel storage tank.
Mr. Larson stated that this could be done, but there are setback
requirements which must be met.
Councilman Schneider asked if there was a reason to allow more
above ground storage tanks even in industiral zoning.
Ms. Dacy stated that staff's main concern was with automotive
service stations. She stated that on industrial sites there is
generally more space and with the restrictions of the Fire Code,
she did not believe there would be a problem. She stated that
staff did not want to limit the ability of an industry to operate,
and the primary focus was on automotive service stations.
No other persons in the audience spoke regarding this proposed
ordinance amendment.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:00 p.m.
�TEW BUSINESS:
2. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF
THE CITY CODE OF THE CITY OF FRIDLEY CHAPTER 31 ENTITLED
"PAWN SHOPS" AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND
FEES"•
Mr. Hill, Public Safety Director, stated that pawn shops have been
locating in the suburbs, and that Fridley has received two
inquiries from individuals regarding regulations pertaining to pawn
shops. He stated that he felt it may be prudent for the City to
enact an ordinance regulating this business. He stated that this
ordinance is based on an ordinance prepared by the cities of
Bloomington and Eagan and refined for the City's purposes. He
FRIDLEY CITY COtTNCIL MEETING OF MAY 20. 1991 PAGB 5
stated that this proposed ordinance has been reviewed by the
Assistant City Attorney.
Mr. Hill reviewed each section of the ordinance covering such items
as licensing, renewal application, license fees, bonding, persons
and places ineligible for a license, conditions of a license,
restricted hours of operation, and inspections.
Councilwoman Jorgenson asked if it is possible, under this
ordinance, for a pawn shop to be located in a residential home.
Mr. Hill stated that there is nothing in the ordinance that would
prohibit it.
Ms. Dacy, Community Development Director, stated that it would be
questionable to consider a pawn shop a home occupation. She stated
that it is not a use identified in an R-1 zoning district. She
stated that she felt it would not be a permitted use under the
definitions provided in this ordinance.
Councilwoman Jorgenson stated she wanted to make sure that someone
residing in any residential zone, such as R-1, R-2 or R-3, does not
apply for a license under this ordinance. She stated that if such
a business could locate in a residential area, it would mean
increased traffic in the neighborhood.
Mr. Hill stated that under Section 31.10, persons and places
ineligible for a license, wording could be added that pawn shops
would not be allowed in the re�idential zones.
Councilwoman Jorgenson stated that she felt it may be wise to
include this wording in the ordinance.
Councilman Schneider questioned if this might not be addressed in
the Zoning Code.
Councilman Billings felt that it may be better to address this
question under the Zoning Code to prohibit such a business in
residential areas rather than under the licensing ordinance.
Councilwoman Jorgenson stated that when the City provided for the
licensing of adult businesses, the distances they had to be located
from parks and schools was addressed under the licensing, and she
felt this was a similar situation.
Ms. Dacy stated that the Zoning Code was also amended, and there
could be a companion amendment with this ordinance.
Mr. Herrick, City Attorney, stated that the only way a pawn shop
could be located in a residential zone was if it met all the
requirements of a home occupation. He stated that, if the Council
FRIDLEY CITY COIINCIL MEETING OF MAY 20 1991 PAGB 6
wished, an amendment could be accomplished to provide that pawn
shops would have to be located in a commercial zone.
Mr. Burns, City Manager, stated that he also had a concern if pawn
shops could be located in a residential area.
Mr. Herrick stated that if pawn shops are permitted in a particular
zoning district, it is interpreted that it is not permitted in the
other zoning districts.
MOTION by-Councilman Fitzpatrick to waive the reading and approve
the ordinance upon first reading. Seconded by Councilman Billings.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
3. RESOLUTION NO. 45-1991 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE CHURCH OF THE
IMMACULATE CONCEPTION:
Mr. Pribyl, Finance Director, stated that this resolution is to
approve the application for a gambling premise permit for
Immaculate Conception Church at the Knights of Columbus Hall at
6831 Highway 65.
MOTION by Councilman Schneider to adopt Resolution No. 45-1991.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
4. �2ECEIVE 'rHE MINUTES OF THE PLANN�NG COMMISSION MEETING OF
MAY 8. 1991:
A. ESTABLISH PUBLIC HEARING FOR JUNE 3, 1991 TO AMEND A�rFD
205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY DELETING
AND RENUMBERING CONSECUTIVE SECTIONS OF THE R 3 GENERAL
MULTIPLE DWELLING DISTRICT REGULATIONS (LANDSCAPING�:
MOTION by Councilman Schneider to set the public hearing on this
amendment for June 3, 1991. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
MOTION by Councilman Fitzpatrick to receive the minutes of the
Planning Commission meeting of May 8, 1991. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
FRIDLEY CITY COONCIL MEETING OF MAY 20, 1991 PAGE 7
5. ESTABLISH A PUBLIC HEARING FOR JUNE 17, 1991, FOR A REZONING.
ZOA #89-04, TO REZONE LOT 4. BLOCK 6, CITY VIEW ADDITION FROM
R-2 TO C-_2� GENERALLY LOCATED AT 5701 UNIVERSITY AVENUE N.E.
BY ASHLAND OIL COMPANY:
MOTION by Councilwoman Jorgenson to set the public hearing on this
rezoning for June 17, 1991. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
� . ..i• � • L � • '� ' � •� ��i� • . .
�s .� � � �1
Ms. Dacy, Community Development Director, stated that the owners
of Moon Plaza are remodeling their existing marquee which will
provide a four foot high light box extending the entire frontage
of Moon Plaza. She stated that the light box will provide a white
lexan panel on which tenants can place vinyl letters advertising
their businesses. She stated that the size of the tenant sign
panel will be 3 feet by 16 feet and within the allowable square
footage of the Sign Code.
Ms. Dacy stated that staff recommends the Council approve the
revised Comprehensive Sign Plan for Moon Plaza.
MOTION by Councilman Billings to approve the revised Comprehensive
Sign Plan for Moon Plaza. Seconded by Councilman Fitzpatrick.
Upon a voice �tpte, all voting aye, Mayor Nee declared the motion
carried unanimously.
7. REC�IVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT
NO. ST 1991 - 1& 2:
Mr. Flora, Public Works Director, stated that eight bids were
received for Street Improvement Project ST 1991 - 1& 2. He stated
that this project covers the widening and upgrading of 73rd Avenue,
sidewalks along 73rd Avenue and into Locke Park and Community Park,
various overlays and improvements, the Fire Training Center parking
area, and an additional right-turn lane on West Moore Lake Drive.
Mr. Flora stated that it is recommended that the contract be
awarded to the low bidder, W. B. Miller, in the amount of
$366,230.00.
MOTION by Councilwoman Jorgenson to receive the following bids for
Street Improvement Project No. ST 1991 - 1& 2:
Company
W. B. Miller
16765 Nutria Street
Ramsey, MN 55303
Total Bid
$366,230.00
FRIDLEY CITY COUNCIL MEETING OF MAY 20 1991 PAGE 8
Company
Midwest Asphalt Corp.
P. O. Box 5477
Hopkins, MN 55343
GMH Asphalt
17018 Saddlewood Trail
Minnetonka, MN 55345
Hardrives; Inc.
9724 lOth Ave. N.
Plymouth, MN 55441
Valley Paving, Inc.
8800 13th Ave. East
Shakopee, NII�t 55379
Northwest Asphalt
1451 Co. Rd. �18
Shakopee, MN 55379
Alber Construction
9636 85th Ave. N.
Maple Grove, MN 55369
Alexander Construction
9050 Jefferson Trail
Inv. Grv. Hgts: , I�J 55077
Total Bid
$378,464.40
$394,926.0
$395,732.00
$435,751.60
$440,438.50
$448,762.50
$498,145.63
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to award the contract for Street
Improvement Project No. ST 1991 - 1& 2 to the low bidder, W. B.
Miller, in the amount of $366,230.00. Seconded by Councilwoman
Jorgenson.
Mr. Burns, City Manager, stated that the bid includes $23,000 for
paving of the Fire Training Center, and the City has the option to
include or delete this item.
Councilman Billings asked if this firm has done work for the City
in the past and if the provisions regarding prevailing wages are
included in the contract. Mr. Flora answered in the affirmative
to both of these questions.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF MAY 20, 1991 PAGE 9
8. RECEIVE BIDS AND AWARD CONTRACT FOR SPRINGBROOK NATURE CENTER
�AN�SCAPING AND ENTRANCE AREA PROJECT:
Mr. Kirk, Director of Recreation and Natural Resources, stated that
bids were opened this morning for the Springbrook Nature Center
landscaping and entrance area project. He stated that all bids
were higher than anticipated. Mr. Kirk stated that the lowe�t bid
was $37, 825, and the amount of funds available for this project was
about $30,000. He stated that out of this $30,000, the cost for
the irrigation system is approximately $5,800 which leaves $24,200
for the portion of the project that was bid.
Mr. Kirk stated that it is recommended the Council receive and
reject all the bids. He stated that staff will rework the
landscaping and rebid in time for the fall planting season.
MOTION by Councilwoman Jorgenson to receive the following bids for
the Springbrook Nature Center Landscaping and Entrance Area
Project:
Company
Minnesota Valley Landscape, Inc.
10901 Nesbitt Ave. So.
Bloomington, MN 55437
Lino Lakers Nursery, Inc.
20195 Greyston�Ave.
Forest Lake, MN
Fair's Garden Center
201 East Broadway
P. O. Box 746
Monticello, MN 55362
Turf Master's, Inc.
919 85th Lane N.W.
Coon Rapids, MN 55433
Total Bid
$39,375.00
$39,446.00
$37,825.00
$ 6,621 (For irriqation
system onlyj
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to reject all the bids for the
Springbrook Nature Center Landscaping and Entrance Area Project.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to direct staff to submit a new
proposal in August. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
FRIDLEY CITY COIINCIL MEETINa OF MAY 20. 1991 PAGE 11
She stated that these fifteen owners which have one draft stop are
in compliance with the Uniform Fire Code. She stated that
Ms. Lager, who resides in one of the townhomes, wanted a letter
verifying whether her chimney is in compliance with the code. Ms.
Dacy stated that based on Mr. Berdahl's letter, Ms. Lager is in
compliance.
Ms. Dacy stated that as far as the townhouse owners that have no
draft stops, she believes the City should advise them that if they
work on their chimneys they should be encouraged to install the
number of fire stops according to the number of stories in their
building.
Ms. Dacy stated that there was confusion as to whether one or three
draft stops were required in Mr. Rochelle's unit. She stated that
Mr. Rochelle did have three draft stops installed, and this is the
proper and safest amount. She stated that she believes the City
does not have any financial obligation to upgrade the chimneys on
the existing fifteen townhomes or the remaining five townhomes
which do not have any draft stops. She stated that the City
Attorney, Mr. Herrick, has submitted a memo regarding the legal
issue.
Mr. Herrick, City Attorney, stated that the Council has received
a memo from his office which he would briefly summarize. He stated
that he reviewed the Uniform Building Code, McQuillin on Municipal
Corporations, and cases by the Minnesota Supreme and Appellate
Courts. He s��ted that based on all of these authorities, it is
his opinion that the City does not have any legal liability in this
situation.
Mr. Herrick stated the Uniform Building Code indicates that neither
the inspector nor the municipality are liable for any oversiqhts.
He stated that in reviewing eight or ten Minnesota Supreme and
Appellate Court cases, he has quoted the Owatonna and St. Louis
Park cases. He stated that he believes these are leading cases in
Minnesota, and the Appellate Court has followed these holdings as
recently as 1989.
Mr. Herrick stated that based on all of these factors, it is his
opinion that the City has no liability. He stated that the City
is not an insurer of construction of buildings, and the primary
responsibility lies with the owner of the building and the
contractor.
Councilman Billings stated the issue that was not addressed was the
request by Mr. Rochelle that a panel be assembled to hold a hearing
to determine if there was any criminal negligence on the part of
the City staff. He asked if the Council has any authority to act
on this request.
FRIDLEY CITY COIINCIL MEETING OF MAY 20. 1991 PAGE 12
Mr. Herrick stated that, in his opinion, there is no criminal or
civil negligence, and the standard for criminal negligence would
be greater than civil negligence.
Councilman Billings asked in matters of criminal negligence,
depending on the severity, if a grand jury would be involved.
Mr. Herrick stated that if the reference is to criminal procedure,
this would be correct.
Mr. Rochelle, 5435 W. Brenner Pass, stated that he would like an
independent board established by the Council that works for the
citizens of this City to see if any criminal wrongdoing has taken
place. He stated that each one of the cases to which Mr. Herrick
referred is one individual person against a city inspector for one
particular thing. He stated that what is involved here is twenty
homes plus all the rest of the townhomes Mr. Farr built which
probably have the same problem. He stated that he contends the
City inspector signed off on all these inspections without really
seeing that the job was done.
Mr. Rochelle stated that his chimney was fixed for one reason only,
and there was not anything wrong with the outside of the chimney.
He stated that he was told in November 1990 when he bought his
townhome that there was a problem with the fire stop. He stated
that the lady next door told him not to build a fire because it was
a hazard.
Mr. Rochelle questioned why the City inspector came out and told
his contractor there had to be three fire stops. He stated that
Mr. Clark stated there had to be three, and that someone reminded
him he signed off for one and then stated to go ahead with one
stop. He stated that he does not know if that is criminal or not.
Mr. Rochelle stated Ms. Dacy contends that only new construction
now requires a fire stop for each floor. He asked if the owners
of the five remaining townhomes took down their chimneys, if they
would be told they only need one stop where new construction
requires three stops. He asked that because it has been said it
is not a threat to life, does it mean that any time something is
taken apart in your home and it is not life threatening that you
do not have to bring it up to code. He stated it seems that is
what is being done in this case.
Councilman Schneider asked if the Council does not come to some
agreeable conclusion what would Mr. Rochelle's options be.
Mr. Herrick stated that he can contact the County Attorney if he
feels there is some criminal offense greater than a misdemeanor.
He stated that if Mr. Rochelle feels it is a civil action, he would
have to contact his own attorney.
FRIDLEY CITY COITNCIL MEETING OF MAY 20. 1991 PAGB 13
Mr. Rochelle stated that the Council should forget about the
criminal issue. He stated that there is a problem and wondered if
anyone felt there has been any wrongdoing.
Mayor Nee stated that Mr. Clark has worked for the City for many
years, and this is the first time he has heard any complaint.
Councilman Schneider stated that Mr. Clark tries to do his job and
discharge his duties to the best of his ability, but he is not on
site at all hours of the day.
Mr. Herrick stated that the City and buildinq inspeetor are not
guarantors that a building is constructed in all senses to all
codes, and that is the standard interpretation in virtually every
state. He stated that there may be two exceptions as indicated in
McQuillin's publication.
Mr. Rochelle asked if the City was contending it was acceptable to
sign off on an inspection even though the inspector �id not see the
work done.
Councilman Schneider stated he believed that Mr. Clark did not sign
off specifically on the chimney, and that it is practically
impossible to see every element of construction.
Councilman Billings stated that he interpreted from Mr. Rochelle's
statements that his primary request was for a board to be
established tqadetermine if there was any criminal wrongdoinq. He
stated that staff did not address this question, and he asked
whether the Council had such authority.
Councilman Schneider stated that from the information presented,
Mr. Clark conducted a good faith inspection ten years ago. Iie
stated that there are numerous legal opinions that the City and
building inspector are not a guarantor that every home is built to
code. He stated that there is a letter from the State indicating
that the way the chimney was built likely met the standards ten
years ago. He stated that from all the evidence, perhaps with the
exception of the point made by Councilman Billings, the City has
done its best job.
Mr. Rochelle stated that he believes this issue is very serious and
the Council should review it.
Councilwoman Jorgenson stated that the Council did review
Mr. Rochelle's complaint. She referred Mr. Rochelle to Page 9D of
the agenda which quotes Section 202 (f) of the Uniform Building Code
of which states, in part, "that a building official, acting in good
faith and without malice in the discharge of his duties, shall not
thereby render himself personally liable for any damage that may
accrue to persons or property as a result of any act or by reason
of any act or omission in the discharge of his duties." She asked
FRIDLEY CITY COtJNCIL MBSTING OF MAY 20, 1991 PAGE 14
Mr. Rochelle if he was implying there was some malice that
construed neglect of the building inspector's duties.
Mr. Rochelle stated that he was afraid to say something to that
effect as he might be sued.
Councilman Billings believed Mr. Rochelle wanted someone to review
Mr. Clark's record to see if some disciplinary action should be
taken because he was not doing his job properly. He stated that
this Council acts, basically, as a Board of Directors and has the
responsibility to hire and fire one employee only which is the City
Manager. He stated that the Council does not have the authority
to discipline an employee.
Councilman Billings stated that he has tried to take a neutral
position which does not mean he does not respect Mr. Clark and
everything he has done for the City. He stated that at the same
time any one of the Councilmembers, if they look at things done
over the past years, can point to something that was done wrong and
wished they could have done it differently.
Mr. Rochelle stated that he would like a yes or no answer if an
inspector can sign off on an inspection without actually seeing the
job done.
Councilman Schneider stated that his answer is yes, as �someone
cannot look at every possible nail, electrical outlet, and
materials used in construction.
Mr. Rochelle stated that according to Section 104.(C) of the UBC,
the townhomes are acceptable with the existing fire stop. He
stated that the City knows there are five more townhomes which, it
is asswaed, do not have any fire stops in their fireplaces. He
asked if it is assumed they do not have to be fixed.
Mayor Nee stated that the State has indicated the present situation
is tolerable and not unreasonable, but if the chimney is rebuilt,
it should be brought up to standard.
Ms. Dacy stated that there are a number of issues in the building
construction industry that change over the years and, apparently,
this is one of the areas. She stated that ten years aqo a detail
on the inside of the chimney was not required to be drawn on the
plans.
Mr. Rochelle stated he has to think that when he was told three
fire stops were required the inspector was thinking this was new
construction.
Ms. Dacy stated that Mr. Rochelle's questions have helped in that,
up until this time, the City did not have an official
interpretation from Mr. Berdahl.
�RIDL$Y CITY COIINCIL MEETING OF MAY 20. 1991 PAGE 15
Councilman Schneider asked Mr. Rochelle how he would like to solve
this problem.
Mr. Rochelle stated that he wanted an independent board established
to check into wrongdoing. He stated that if only one home was
involved it would be different, and that he cannot understand why
the Council cannot see that there is a problem. He stated that it
has cost him money because of the mistake.
Mr. Herrick stated that he did not feel Mr. Rochelle�s statement
was correct. He stated that the costs to Mr. Rochelle were due to
the fact that the contractor did not construct the buildings
properly, and the other part of the problem is that no one did
anything until the statute of limitations had expired. He stated
that the residents do not have any recourse against the contractor.
Mr. Rochelle stated that he just bought the townhome in November
so the statute of limitations had already run out when he bought
the property.
Councilman Schneider stated that he understands the funds he used
to fix the chimney were in escrow.
Mr. Rochelle stated that he had $1,000 in escrow, but this did not
cover all the costs. He stated that it was an additional $300 for
the fire stops, and he felt he should be reimbursed.
Mayor Nee stated that if Mr. Rochelle felt he had a claim, he could
submit it for`review by the City's insurance company.
Mr. Rochelle stated that he was going to drop his request for an
independent board and felt that Mr. Clark has learned a lesson.
It was requested that staff place the item regarding notification
to the five remaining townhouse owners on the Council's agenda for
action.
10. RESOLUTION NO. 46-1991 DESIGNATING MINIMUM FUND BALANCES:
MOTION by Councilman Schneider to adopt Resolution No. 46-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
11. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
12. CLAIMS:
MOTION by Councilman Fitzpatrick to authorize payment of Claims No.
37508 through 37741. Seconded by Councilman Schneider. Upon a
FRIDLEY CITY COONCIL MEETING OF MAY 20, 1991 PAGE 16
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
13. LICENSES•
MOTION by Councilman Schneider to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously.
13D. CARN�VAL LICENSE - MR. SKIP REINKE:
Ms. Dacy, Community Development Director, stated that the Public
Safety Director, Jim Hill, has reviewed the license and recamm�nded
approval.
MOTION by Councilman Fitzpatrick to approve a carnival license for
Mr. Reinke at the Holly Center from May 29 - June 2, 1991.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13E. REQUEST TO WAIVE FEE FOR BANNER AT MARQUETTE BANK:
Ms. Dacy, Community Development Director, stated that this is a
request from Marquette Bank to waive the fee for a banner at
Marquette Bank who are sponsors for the Honduran athletes during
the National Special Olympic Games July 19-27. She stated that the
Council's policy has been to waive the fee for non-profit
organizations:`
Mr. Burns, City Manager, stated that there is private advertising
on the banner, and that the Council should probably set a standard
in this regard.
MOTION by Councilwoman Jorgenson to deny Marquette Bank's request
to waive the permit fee due to the commercial nature of the banner.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
14. ESTIMATES•
MOTION by Councilwoman Jorgenson to approve the estimates as
submitted:
Mark Traut Wells
151 72nd Avenue South
St. Cloud, MN 56301
Repair and Maintenance
Project No. 215
FINAL ESTIMATE . . . .
of Well No. 1
. . . . . . . . . . . $ 9, 625. 67
FRIDLEY CITY COIINCIL MEETING OF MAY 20. 1991 PAGE 17
Mark Traut Wells
151 72nd Avenue South
St. Cloud, MN 56301
Repair and Maintenance of Well No. 4
Project No. 215
FINAL ESTIMATB . . . . . . . . . . . . . . . $10,596.00
Chemlawn Commercial Services
1156 East Highway 36
Maplewood; NIIJ 55109
Corridor Maintenance Project No. 217
Estimate No. 1 . . . . . . . . . . . . . . . $ 3, 685.97
HNTB
6700 France Avenue South
Minneapolis, MN 55435
Inspection of the 1.5 MG Elevated
Water Reservoir, Project No. 202
Partial Estimate . . . . . . . . . . . . . . $ 1,86b.41
Halvorson Construction
4227 lb5th Avenue
Anoka, MN 55304
1991 Miscellaneous Concrete Curb,
Gutter &��idewalk Project
Estimate No. 1 . . . . . . . . . . . . . . . $ 5, 505. 34
Seconded by Councilman Schneider. Upon a voice vote, ali voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT:
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of May 20, 1991 adjourned at
9:39 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
� _
�
J
DATE:
TO:
FROM:
SUBJECT:
Community Development Department
G DIVISION
. City of Fridley
May 30, 1991
► �� .
William Burns, City Manager ;(; �'+
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Public Hearing for Landscape Ordinance
Attached please find an ordinance which will delete two sections
from the R-3, General Multiple Family regulations regarding
landscaping. In our processing of the new landscape ordinance, we
failed to delete these two sections of the R-3 zoning code. The
sections to be deleted conflict with the newly adopted landscape
ordinance.
The City Council set the date of the required public hearing for
June 3, 1991. Staff recommends that the City Council hold the
public hearing. An ordinance will appear later in the agenda for
first reading.
NII�I/ dn
M-91-370
�
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, June 3, 1991 at 7:30 p.m. for
the purpose of:
Amending Chapter 205 of the Fridley City Code, entitled
"zoning" by deleting and renumbering consecutive sections
of the R-3, General Multiple Dwelling District
Reguiations:
205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS
5. PARKING REQUIREMENTS
D. Design Requirements.
?Rl4'le'E�'SI'3'C���-.gAA�CC. .T�T. e�S�cE�°'Z e �-i ._� a _ _ ��� ?
7. PERFORMANCE STANDARDS
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i � � a i i Q .. ._ti.., i � ���.��] . r...,. � i t � : a... . ...a
\�/ ���� �r7�� ������ r��i�.��� ������_�__ __ 1��=�
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These sections are in conflict with the recently adopted Ordinance
#960 and should be deleted.
1A
Page 2
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: May 22, 1991
May 29, 1991
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
�
c' t��o�F`\{
► �� ,
.oi�� r
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POLICE DEPARTMENT
c�y of F��aiey
Minnssote
►ATE lyp,y 2 3, 19 91
ROM PUBLIC SAFETY DIRECTOR, J:P. ILL
UBJECT
PAWN SHOP ORDINANCE
,�
�
MEMORANDUM '
TO.
BILL BURNS � �
�r
�
Enclosed for second reading is an ordinance establishing a
new chapter of the City Code of the City of Fridley, Chapter
31, entitled "Pawn Shops" and amending Chapter 11, "General
Provision and Fees."
Since the first reading on May 13, 1991, section 31.10 (3)
has been added which states "No license shall be granted for
operation of any premises located in a residential district
within the city.°
TION INFO
X
In addition to the new language in 31.10 (3), the Fridley zoning
ordinance 205.03.34 (C) "Home Occupation" includes in the criteria
of home occupation "no over the counter retail sales are involved."
This would seem to preclude a pawn shop operation.
At a future date, in conjunction with some other desired amendments,
the zoning code could be specifically amended to exclude pawn
shops from residential districts.
The City Attorney agreed with the proposed resolution to this
issue.
JPH/sa
2
OR.DINANCE N0.
AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY
OF FRIDLEY, CHAPTER 31, ENTITLED "PAWN SHOPS" AND AMENDING CHAPTER 11,
"GENERAL PROVISIONS AND FEES"
The City Council of the city of Fridley does ordain as follows:
31.01. DEFINITIONS
The following words and terms when used in this Chapter shall have the following
meanings:
1. Licensee.
The person to whom a license is issued under this Chapter including any agents
or employees of the person.
2. Minor.
Any natural person under the age of eighteen (18) years.
3. Pawnbroker.
A person who loans money on deposit or pledge of personal property or other
valuable things or who deals in the purchasing of personal property or other
valuable things on condition of selling the same back again at a stipulated
price or who loans money secured by security interest on personal property or
any part [hereof. This Chapter does not apply to a person doing business under
and as permitted by any law of this State or of the United States relating to
banks, building and loan associations, savings and loan associations, trust
companies or credit unions.
4. Public Safety Director.
The Public Safety Director of the City of Fridley or the Director's designee.
5. City.
The City of Fridley, Minnesota, a municipal corporation.
31.02. LICENSE REQUIRED.
No person shall exercise, carry on or be engaged in the trade or business of
pawnbroker without first obtaining a license from the City as provided in this
Chapter.
31.03. INITIAL LICENSE APPLICATION.
1. General.
Applica[ions for pawnbrokers' licenses to be issued under this Chapter shall
contain information as required on forms prescribed by the City.
2A
2. Nature of Application.
The application shall state whether the applicant is a natural person,
corporation, partnership or other form of organization.
3. Natural Person.
If applicant is a natural person, the following information shall be furnished:
A. True name, place and date of birth and street residence address, and
length of time at that address, of applicant.
B. Whether applicant has ever used or been known by a name other than his
true name and, if so, what was such name or names, and information
concerning dates and places where used.
C. The name of the business if it is to be conducted under a designation,
name or style other than the full individual name of the applicant.
D. Kind, name and location of every business or occupation applicant has
been engaged in during the preceding five (5) years.
E. Names and addresses of applicant's employers and partners, if any, for
the preceding five (S) years.
F. Whether applicant has ever been convicted of a felony, gross
misdemeanor or misdemeanor, excluding traffic violations, and if so, the
date and place of conviction and the nature of the offense.
G. If applicant has not resided in the City for three (3) years last
preceding the date of application, at least four (4) character references
from residents of the State of Minnesota.
4. Partnership.
If applicant is a partnership, the names and addresses of all partners and all
information concerning each par[ner as is required of a single applicant. A
managing partner, or partners, shall be designated. The interest of each
partner in the business shall be disclosed.
5. Corporation.
If applicant is a corporation or other association, the following information
shall be required.
A. Name and, if incorporated, the state of incorporation.
B. A true copy of the certificate of incorporation, articles of
incorporation or as.sociation agreement and by-laws and, if a foreign
corporation, a certificate of authority as described in Minnesota Statutes.
C. The name of the operating officer or proprietor or other agent in
charge of the premises to be licensed, giving all the information about
said person as is required of a single applicant. As used in this Chapter,
28
the term "operating officer" shall mean the person responsible for the day-
to-day operating decisions of the licensed premises.
D. A list of all persons who, singly or together with their spouse, or a
parent, brother, sister or child or either of them, own or control an
interest in said corporation or association in excess of five percent (5'L)
or who are officers or directors of said corporation or association;
together with their addresses and all information as is required of a
single applicant.
6. Description of premises.
A. Legal Description.
The exact legal description of the premises to be licensed, together with
a plot plan of the area for which the license is sought showing dimensions,
location of buildings, street access parking facilities.
B. Street Address.
The street address of the premises for which application is made.
7. Taxes.
Whether or not all real estate taxes, assessments, or other financial claims of
the City, State or Federal government for the business and premises to be
?icensed have been paid, and if not paid, the years for which delinquent.
�. Other Information Required.
Such other information as the City Council shall require.
31.04. RENEWAL APPLICATIONS.
1. License Period, Expiration.
Each renewal license shall be issued for a maximum period of one year.
31.05. EXECUTION OF APPLICATION.
If application is by a natural person, it shall be signed and sworn to by such
person; if by a corporation, by an officer thereof; if by a partnership, by one
of the general partners; if by an incorporated association, by the operating
officer or managing officer thereof. If the applicant is a partnership, the
application, license and bond shall be made and issued in the name of all
partners. Any false s[atement in an application shall result in denial of the
application.
31.06. GRANTING LICENSES. ,
1. At the time of making an initial or renewal application, the applicant
shall, in writing, authorize the Police Department to investigate all facts
set out in the application and do a personal background and criminal record
check on the applicant. The applicant shall further authorize the Police
2V
Department to release information received from such investigation to the
City Council.
2. Each license shall be issued to the applicant only and shall not be
transferable.
3. Each license shall be issued only for the premises described in the
application and shall not be transferable to a different location.
4. No change in ownership, control or location of a license shall be permitted
except by amendment to the license which amendment must be approved by the
City Council.
31.07. LICENSE FEES ESTABLISHED.
1. Annual Fees.
The annual license fee for licenses required by this article shall be in the
amounts as specified in Chapter 11, General Provisions and Fees, of the Fridley
City Code.
2. Investigation Fees:
At the time of each original application for a license, applicant shall pay, in
full, an investigation fee. The investigation fee shall be as specified in
Chapter 11, Provisions and Fees, of the Fridley City Code.
31.08. PAYMENT OF FEES.
1. Initial Fees.
The annual license and investigation fees for a new license shall be paid in
full before the application for the license is accepted. Upon rejection of any
application for a license or upon wi[hdrawal of an application before approval
of the issuance by the Council, the license fee only shall be refunded to the
applicant except where rejection is for a willful misstatement in the license
application. If any investigation outside the State of Minnesota is required,
the applicant shall be charged the cost which shall be paid by the applicant,
prior to issuance of a license, after deducting the initial investigation fee,
whether or not the license is granted.
2. Renewal Fees.
The annual license fee for renewal of a license shall be paid in full at the
time the renewal application is filed with the City.
31.09. BOND REQUIRED.
At the time of filing an application for a license,the applicant shall file a
bond in the amount of Five Thousand Dollars ($5,000) with the City. The bond,
with a duly licensed surety company as surety thereon, must be approved as to
form by the City Attorney. Said bond must be conditioned that the licensee
shall observe the ordinances of the City, in relation to the business of
pawnbroker, and that the licensee will account for and deliver to any person
2D
legally entitled thereto any articles which may have come into the possession
of the licensee as pawnbroker or in lieu thereof such licensee shall pay the
person or persons the reasonable value thereof.
31.10. PERSONS AND PLACES INELIGIBLE FOR LICENSE.
1. No license shall be granted to or held by any person who:
A. Is a minor at the time the application is filed.
B. Has been convicted of any crime directly related to the occupation
licensed, as prescribed by Minneso[a Statutes, and has not shown competent
evidence of sufficient rehabilitation and present fitness to perform the
duties of a pawnbroker.
C. Is not a citizen of the United States or a resident alien.
D. In the judgment of the Council, is not the real party in interest or
beneficial owner of the business operated, or to be operated, under the
license.
2. No license shall be granted or renewed for operation of any premises on
which real estate taxes, assessments or other financial claims of the City
or of the State are delinquent or unpaid.
3 No license shall be granted for operation of any premises located in a
residential district within the City.
31.11. CONDITIONS OF LICENSES.
1. Records.
Every license, at the time of receipt of an article deposited, left, sold,
purchased, pledged or pawned, shall immediately record, in a book consisting of
ink, computer printout or other indelible medium, the following information:
A. An accurate description of the article, in English; and any numbers
written, stamped, impressed or engraved thereon together with the name of
them manufacturer if the name is on the article.
B. The amount of money loaned upon or pledged therefor.
C. The date, time and place of receipt of the item.
D. The full name, residence address, date of birth and reasonable accurate
description of the person from whom the item was received
E. The identification number from one of the following forms of
identification of the person from whom the item was received.
(1) A valid Minnesota driver's license;
(2) A valid Minnesota identification card; or
2E
(3) A valid photo identification issued by the state of residency of
the person from whom the item was received and one other form of
identification.
2. Disposition of Articles.
When any article is sold or disposed of by the licensee, the records shall
contain an account of such sale with the date thereof, interest and charges
accrued, the amount for which the article was sold and identification of the
person to whom sold.
3. Inspection of Records.
The records referred to in this section shall be open to the inspection of the
police officers at all reasonable times and shall be retained by the licensee
for at least four (4) years.
4. Receipt.
Every licensee shall deliver to the person pawning, pledging, selling, leaving
or depositing any articles, a certificate numbered to correspond with the entry
in the licensee's records. The certificate shall contain the substance of the
entry.
S. Reports to Police.
Each licensee shall prepare and deliver to the Public Safety Director, every day
before 12:00 noon, on forms prescribed by the City, a legible, correct and
complete copy from the records hereinbefore required, and a true and correct
account of all personal property or other valuables received, deposited,
purchased, pledged, pawned, sold or otherwise disposed of during the preceding
day. The report and descriptions shall be signed and delivered, in person, by
the person making the report to the Public Safety Director unless otherwise
directed, in writing, by the Public Safety Director.
6. Exceptions to Reports.
No person shall be required to furnish descriptions of any property purchased
from manufacturers and wholesale dealers having an established place of business
or of any goods purchased at an open sale from any bankrupt stock or from any
other person doing business and having an established place of business. Any
goods referred to in this section must be accompanied by a bill of sale other
evidence of open or legitimate purchase and must be shown to the Police
Department when demanded.
7. One Hundred Twenty-Day Redemption Period.
Any person pledging, pawning or depos.iting an article for security shall have
a minimum of one hundred twenty (120) days from the date when the loaner pledge
becomes due and payable to redeem the article before the article becomes
forfeitable.
2F
8. Minimum Period Before Redemption or Sale.
No personal property on deposit with any licensee nor property purchased by or
sold to, or in any other ways coming into the possession and under the control
of any licensee in the due course of business, shall be permitted to be redeemed
from the place of business of the licensee for a period of seventy-two (72)
hours, nor shall the property be sold within ten (10) days after the copy and
statement required to be delivered to the Public Safety Director has been
delivered. �
9. Police Restrictions on Sale.
Whenever the Public Safety Director shall notify any licensee not to sell or
permit to be redeemed any articles received on deposit or purchased by the
licensee, the articles shall not be permitted to be redeemed or sold until such
time as may be determined by the Public Safety Director. Such time shall in no
case exceed the period of six (6) months from the date of such notification.
10. Payment by Check.
Payment by licensee for any article deposited, left, purchased, pledged or
pawned shall be made only by a check, draft or other negotiable or nonnegotiable
instrument or order of withdrawal which is drawn against funds held by a
financial institution.
11. Posting License.
All licensees shall post their licenses, in a conspicuous place, in the licensed
premises under the licensed activity.
12. Responsibili[y of Licensee.
The conduct of agents or employees of a licensee, while engaged in performance
of their duties for their principal or employer under such license, shall be
deemed the conduct of the licensee.
13. Penalty for Property Owner.
It is unlawful for any person who owns or controls any real property to
knowingly permit it to be used for pawnbroking without a license required by
this Chapter.
31.12. RESTRICTED HOURS OF OPERATION; MINORS.
1. No licensee shall be open for the transaction of business on any day of the
week before 7:00 a.m.or after 10:00 p..m.
2. No licensee shall purchase or receive personal property, of any nature, on
deposit or pledge from any minor.
2G
31.13. INSPECTION.
1. Stolen goods.
Any licensee shall, at all times during the term of the license, allow any
police office to enter or inspect the premises, where the licensee is carrying
on business, and all records pertinent to the operation of the business for the
purpose of locating goods suspected or alleged to have been stolen. No licensee
shall conceal any article in his possession from any police officer.
2. Inspection by Claimed Owner.
All goods, wares or merchandise coming into the possession of any licensee,
under the terms hereof, shall at all times be open to inspection and right of
examination of any person claiming to have been the owner thereof or claiming
to have had any interest therein when such person is accompanied by a police
officer.
31.14. CORPORATIONS, PARTNERSHIPS OR ASSOCIATIONS.
1. Licenses issued to corporations shall be valid only as long as there is no
change in the officers or ownership interest of the corporation unless such
change is approved by the Council, in which event said license shall continue
in force until the end of the then current license year. Failure to report any
change in stockholders, officers, or managers shall be grounds for the
revocation of all licenses held by the corporation. Every corporation licensed
under the provisions of this section shall adopt and maintain in its bylaws a
provision that no transfer of stock is valid or effective unless approved by the
City Council and shall require that all of its certificates of stock shall have
print.ed on the face thereof: "The transfer of this stock certificate is invalid
unless approved by the City Council of Fridley, Minnesota," and failure to
comply with this provision shall be grounds for the revocation of all licenses
held by the corporation. The provisions of this section shall not apply to the
issuance of any license to a corporation whose stock is traded on a public stock
exchange.
2. Licenses issued to associations or partnerships shall be valid only as long
as there is no change in the partnership or association agreement or in the
ownership of said partnership or association unless such change is approved by
the Council, in which event said license shall continue in force until the end
of the then current license year.
3. Corporation, partnerships or associations shall submit written notice to
the City of any such changes described herein on or before thirty (30) days
prior to the effective date of any such change. In case of a corporation, the
licensee shall submit written notice to the City when a person not listed in the
initial application will be acquiring an interest and shall give all information
about said person as is required of a person pursuant to the provisions of this
Chapter.
31.15. REFUSAL, SUSPENSION OR REVOCATION.
1. It is unlawful for any applicant to make a false statement or omission upon
any application form. Any false statement in such application, or any omission
2H
to state any information called for on such application form, shall upon
discovery of such falsehood, work an automatic refusal of license, or if already
issued, shall render any license issued pursuant thereto, void. Prior issuance
is no effect to protect the applicant from prosecution for violation of this
section or any part hereof.
2. The City Cauncil may suspend or revoke a license issued under this Chapter
for operation on any prernises on which real estate taxes, assessments or other
financial claims of the City or of the State are delinquent, or unpaid.
3. The City Council may suspend or revoke a license issued under this Chapter
upon a finding of a violation of any of the provisions of this Chapter or any
State Statute regulating pawnbrokers. Any conviction by the pawnbroker for
theft, receiving stolen property or any other crime or violation involving
stolen property shall result in the immediate suspension pending a hearing on
revocation of any license issued hereunder.
4. Except in the case of a suspension pending a hearing on revocation, a
revocation or suspension of a license by the Council shall be preceded by a
public hearing. The hearing notice shall be given at least ten (10) days prior
to the hearing, include notice of the time and place of the hearing, and shall
state the nature of the charges against the licensee.
31.16. PENALTY.
Violation of any provision of this article shall be a misdemeanor.
CHAPTER 11 GENERAL PROVISIONS AND FEES.
Section 11.10, Fees: is amended to include the following pawnbroker license.
31 Pawn Shops $8,000
Investigation Fee $400
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF ___ , 1991.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
First Reading: May 20, 1991
Second Reading:
Publication:
WILLIAM J. NEE - MAYOR
2�
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DATE:
TO:
FROM:
SUBJECT:
Community Development Department
G DIVISION
City of Fridley
May 30, 1991
William Burns, City Manager�it
n. .
i� 1l
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Revised Comprehensive Sign Plan for 100 Osborne
Road N.E.
At their February 25, 1991 meeting, the City Council tabled action
on this item pending receipt of the revised language on the owner's
letterhead. Staff has now received this language.
The proposed sign is an internally illuminated, self-contained
cabinet sign which will be attached to the building wall. The area
of the sign is 40 square feet, which is less than the 108 square
feet that would be allowed by code. All other tenants wishing to
install wall signs will have to comply with these standards (at
this time, however, Discount Tire is the only tenant with a wall
sign).
Staff recommends that the City Council approve the proposed sign
plan with the stipulation that the Discount Tire sign be removed
by June 30, 1991.
NIlK/dn
M-91-374
.��� � � �
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A PQUrr.s�io.r�i Ax�ix;iwrluY IriGc�srus�►ieu
As Joffir F. Hoxxat LIL Y.A
.totrx F. D�x,rts �nnA-�e��
Jc�n� 1�. $uw.rss, .1a., F{�riu�tb
•Joax F. Doxx..a I1T
B�� R. Mwsrc�es
�'G�RY W. PEE1tY
C i ty of Fr idley
Fridley Municipal Center
6431 University Ave. N.E.
Fridley, MN 55432
May 29, I991
7 t:s i�e=� l�nwce Urzica Csxrs:
:l7iQ1 �►AlZATA �OVLLV�D
:�lr..r�swsoL[n. �iixars�orw S64fE-I�QY
Ta�raor►s (4») sa�-eeaa
t�.:(a�a) s��•��o�
RE: Comphrehensive Sign Plan for l0U Osborne Road N.E., Fridley
Dear Members of the City Cvuncil and Mayor:
The following is proposed languaqe acceptable to my client
modifyinq the cvmprehensive siqn plan fdr the above-captioned
property:
'Tenant signs shall be internal illuminated,
self-contained cabinet signs attached to the
building wall. The dimension of the sign shall be
a maximum of four feet hiqh by twelve feet lonq.
Th� square footage should not exceed that allowed
by the Cf ty Code. "
This modification is intended on�y to modify that portion of the
plan concerninq siqns mounted on the buildinq.
I have been authorized by my client Coachman Diversified Warebouse
Joint Venture to advise you of the foreqoing.
JFB:jf
cc: Client
��,�
Joax F. BoxxEa 18ae-lee3
aTOBN F. BONNEB, JB., RETIBED
Joax F. BoxxEa III
Bai.�x R. MwaTExs
MA.SB w. PEEBY
�011/ll.P/!� a.:?.2tl� �
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A PEOPESSIONAL ASSOCIATION INGOHPOBATED
As Josx F. BoxxEa III, P.A.
February 8, 1991
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Attention: Michele McPherson
RE: 110-112 Osborn Road
Fridley, Minnesota
Sign Permit
Dear Ms. McPherson:
745 PABS PLAG$ OFF2GE GEN?EB
5775 WsYZSTS BOULEVAaD
MnpNBSPOLI6, MINxESOTw 55419
TSLEP80NB (618) 54Y'8622
Fex(ei2) sa2-»ot
I represent Sun Belt Business Centers, Inc., the manager of the
above-referenced property. My client has recently rented space
in the building to Discount Tire, Inc. Discount Tire, Inc. has
cequested our permission to erect a sign on the building adver-
tising its services.
My client has reviewed the sign and approved it and has authorized
me, on behalf of my client, to request the City's approval of this
design and placement of the sign.
I am attaching to this letter a drawing of the sign which my client
has approved, as well as an additional drawing showing the intended
location of the sign on the building.
I am also informed
Tire, Inc ., or hi s
in order to obtain
541-0412.
that Michael Riefer, Esq., attorney for Discount
client will attend any public hearing required
sign approval. You can contact Mr. Kiefer at
Finally, yo�i are informed that the sign which is portrayed on the
drawings attached is the only sign currently approved by my client
for placement on the property. In the event Discount Tire, Inc. or
the City requests changes, my client's approval is, pursuant to the
terms of the lease, a necessary pre-condition of placement of the
sign on the property.
3B
ys. Michele McPherson
February 8, 1991
Page 2
If you have any questions with respect to the foregoing, please
feel free to contact me.
JFB : j f
Enclosure
cc: Michael Kiefer, Esq.
Sun Belt
3C
.
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Sun Be1t (ZIA Belt) Business Centers, Inc.
Mardi 21, 1983
Mr. Steven J. OLsan, R. S.
IIZVix,os�ental Of fiver
City Of FYidley
6431 Univexsity Avenue, N. E.
FYidley, Mint�esota 55432
M81II O�CC
s�is xBW�s, x.E.
Albeiquerquc, Ne� D.' 9
(b06) 34b-8829
Maaegement Dlvision
1616 North 61 Street
Omaba, NebraBka 6810+�
(402) bbl-$891
Ae: Sign Plan for 100 O�bon�e A�ad, N. E.
FYi.dley, Mi.niiesota
Dear Mr. OLSOai :
�'� �,�
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I am in reoeipt of your letter, dated Marc3z 8, 1983. xegarding
the �Uave mentioe�ed subject matter.
�►en signing a new lease � any of our pn7perties, we sugc3est
the follvwirig �eg�lations for sic�s � the buildings which in-
cludes our 100 Osborne i�ad p�erty:
Sicp�s sh�uld be appmximately 20" x 96" . Zize
sic,g� aatpany w�e have been using thtivugh
Des Nbines, Ic�wa oa�pletes these signs with
bronze badcgr�iaul and imitation gold letter-
ing. �is oatpaTZy will also ad�d a oanpany
logo for an additional $75.00 per �lor extra.
Zt�e ba.5e sicp�► aost is $350.00.
We would permit the t�.nant to obtain their own sign if he keeps
it c�lsistent with the aUo�ve guidelines .
SVC/st
Fhclosure (Saa�pl,e)
Sinoerely,
n
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�t� J.,,�ti�
vioe Presiaent
in Q�ar�e of Manag�anent
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Community Development Department
G DIVISION
City of Fridley
DATE : May 3 0, 19 91 /1t,
rt� l:.
TO: William Burns, City Manager,�,
,
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
First Reading of Landscape Ordinance
Attached for first reading is an ordinance amending the zoning
ordinance to delete Section 205.09.05.D.(7) and Section 205.09.07.F
of the Fridley City Code from the R-3, General Multiple Dwelling
District Regulations.
Staff recommends that the City Council approve this ordinance for
first reading.
MM/dn
M-91-382
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE,
CHAPTER 205, ENTITLED "ZONING", BY DELETING
SECTION.205.09.05.D.(7) AND SECTION205.09.07.F
AND RENUMBERING THE REMAINING SECTIONS
CONSECUTIVELY
The Council of the City of Fridley does hereby ordain as follows:
205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS
5. PARKING REQUIREMENTS
D. Design Requirements.
7. PERFORMANCE STANDARDS
i�i@-�H-�-6ii3ii� 9�id-�-�.9 c-m-i is-iziruicr-�� c=ia-r6 a,�
� '-.T=� °� ' �nri i �r�ria�s.-�ni mn-a}►�l l o � � i�.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
, .1
Ordinance No.
Page 2
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
Public Hearing: June 3, 1991
First Reading:
Second Reading:
Publication:
. �
WILLIAM J. NEE - MAYOR
� _
�
J
Community Development Department
G DIVISION
City of Fridley
DATE: May 30, 1991
TO: William Burns, City Manager �� ;'� �
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Kevin Meeks, Intern
First Reading of an Ordinance Amending the
Zoning Code to Regulate Above Ground Fuel
Storage Tanks
Attached is the ordinance amendment concerning above ground fuel
storage (AGFS) tanks. We have changed the organization of the
ordinance to be more readable, and have added language to address
concerns from FMC Corporation and the City Council.
We recommend the City Council approve the ordinance for first
reading.
KM/dn
M-91-373
5
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER
205, ENTITLED "ZONING" BY AMENDING SECTION 205.04, BY
ADDING NEW SECTION 205.04.09, "ABOVE GROUND FUEL STORAGE
(AGFS) TANKS"
The City Council of the City of Fridley does hereby ordain as follows:
205.04. GENERAL PROVISIONS
9. ABOVE GROUND FUEL STORAGE IAGFS) TANKS
A. For the Aurposes of the provisions of this section the term "fuel"
shall mean Class I and II fuels as defined in the Uniform Fire Code
fUFC). The nrovisions of this section do not a�nly to AGFS tanks of
less than 265 gallons.
B. All AGFS tanks must meet requirements established by the Uniform Fire
Code fUFC) and the Minnesota Pollution Control Aqency (MPCA) A
permit from the City of Fridley Fire Department and from the State
Fire Marshall shall be obtained prior to installation
C. AGFS tanks are permitted accessory uses in commercial and industrial
zonina districts. In commercial zoning districts and for automotive
service stations in the industrial districts AGFS tanks shall not
exceed a 1.000 aallon capacity and/or six (6) feet in height and/or
diameter. Use of these tanks is limited to liauid petroleum fLP)
D. All AGFS tanks visible from public riaht-of-ways or residentially
zoned bropertv shall be screened by a chain link fence with metal
slats and shall be no taller than eiaht (8) feet in height with the
exception of LP tanks which do not require fencina
E. The Citv of Fridley may require installation of vehicle protection
barricades for AGFS tanks, depending on tank location on the property
F. All AGFS tanks shall be maintained in a clean and well kept
ap�earance.
G. The onlv sictnage permitted on the AGFS tanks is the identification of
contents and/or caution labels.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAt OF , 1991.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
WILLIAM J. NEE - MAYOR
5A
CITY OF FRIDLEY
CATV ADVISORY COMMISSION MFETING, APRIL 24, 1991
CALL TO ORDER•
Chairperson Stouffer called the April 24, 1991, CATV Advisory
Commission meeting to order at 7:10 p.m.
ROLL CALL•
Members Present: Ralph Stouffer, Robert Scott, Duane Peterson,
Paul Kaspszak
Members Absent: Burt Weaver
Others Present: Clyde Moravetz, City of Fridley
Mark Hammerstrom, Nortel Cable
Edna Erickson, 460 Mississippi Street NE,
Fridley, Minnesota 55432
Ann Finc, 460 Mississippi Street NE, Fridley,
MN 55432
Lauri Grigshy, 460 Mississippi Street NE,
Fridley, MN 55432
Hazel Markuson, 460 Mississippi Street NE,
Fridley, MN 55432
Natalie Dahlheimer, 460 Mississippi Street NE,
Fridley, MN 55432
Ruth Sydow, 460 Mississippi Street NE, Fridley,
MN 55432
Midge Olson, Manager, 460 Mississippi Street
NE, Fridley, MN 55432
Peggie Poxon, 460 Mississippi Street NE,
Fridley, MN 55432
Gwen Miller, 460 Mississippi Street NE,
Fridley, MN 55432
APPROVAL OF JANUARY 23 1991 CATV ADVISORY COMMISSION MINUTES:
MOTION by Mr. Scott, seconded by Mr. Peterson, to approve the
January 23, 1991, CATV Advisory Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER DECLARED
THE MOTION CARRIED IINANIMOOSLY.
APPROVAL OF AGENDA:
MOTION by Mr. Peterson, seconded by Mr. Scott, to approve the
agenda. .
0
CATV ADVISORY COMMISSION MEETING, APRIL 24, 1991 PAGE 2
Mr. Moravetz requested an addition to the agenda under VII.
Other Business, A. Franchise Fee Payment Worksheet.
Mr. Stouffer requested that, because Mr. Hammerstrom would be
late for the meeting, that the Commission first discuss agenda
items III. Fridley Cable Consortium, IV. Fridley
Communications Workshop, V. Nomination of Officers, and VI.
1992 Budget Request.
DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER DECLARED
THE MOTION CARRIED AND THE AGENDA APPROVED AS AMENDED.
I. FRIDLEY CABLE CONSORTIUM (FCC�
A. Receive Minutes of 1-22-91 Meeting
II.
MOTION by Mr. Scott, seconded by Mr. Peterson, to receive
the January 22, 1991, minutes of the Fridley Cable
Consortium.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED [JNANIMOOBLY.
(E.T.C.) FRIDLEY COMMUNICATIONS WORKSHOP
A. 4th Quarter 1990 Report to City dated 2-08-91
�
C.
MOTION by Mr. Peterson, seconded by Mr. Scott, to receive
the 4th Quarter 1990 Fridley Communications Workshop
report dated 2-08-91.
DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOOFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
ist Quarter 1991 Report to the City dated 4-02-91
Including Statistics and Financial Report
MOTION by Mr. Scott, seconded by Mr. Peterson, to receive
the lst Quarter 1991 Fridley Communications Workshop
report dated 4-02-91.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER
DECLARED THE MOTION CARRIED IINANIMOOSLY.
Director Report for January and February
MOTION by Mr. Scott, seconded by Mr. Peterson, to receive
the Director's Report for January and February.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
. �
CATV ADVISORY COMMI88ION MEETING, APRIL 24. 1991 PAGE 3
D. Director Report for March and April
MOTION by Mr. Kaspszak, seconded by Mr. Scott, to receive
the Director's Report for March and April.
IIPON A VOZCE VOTE, ALL VOTING AYE� CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
E. Update on Donations for Amiga Video Toaster
Mr. Moravetz stated the Amiga Video Toaster is a video
computer for Channel 33. ETC is asking local
organizations to donate money to acquire this toaster for
their operation. This is a computer with video
production capabilities which includes a video switcher
with more than 100 digital effects, a character
generator, a 3-D rendering and animation system, and a
video paintbox. This one unit could replace and upgrade
the current video production capability, and make
Fridley's public access station state of the art and more
in line with the needs of the current access members and
volunteers. Since the Commission's last meeting, a quote
was received for an Amiga 2000 for $5,600. This model
is slower and less sophisticated. The Amiga 2500 is
state of the art, and costs $7,200.
Mr. Moravetz has worked with the ETC and has requested
$2,400 each from the Lions, VFW, and Jaycees. The first
presentation and request was made to the Jaycees for
$2,400. Their executive funding board recommended
approval and granted the entire amount. The Lions were
also asked for $2,400. This group had a number of other
commitments, along with a decrease in gaming income, but
they did donate $500. The VFW also donated $500. At the
end of the month, he and ETC will attend the American
Legion executive board meeting and will also request
$2,400 from them. The ETC is well on their way to
obtaining the necessary funds to get the equipment.
Mr. Moravetz stated ETC is also working at the
possibility of getting an educational status for the
workshop because it teaches the video classes in the high
school. The problem is that the school has also
solicited support of the educational status of the LO
Channel, which was needed in order to telecast play off
games for football and softball. Mr. Moravetz is now
waiting to see if the school can establish two separate
access entities. If so, the ETC can get this unit.
There are now enough funds to purchase the computer, but
• =�
CATV ADVISORY COMMISSION MEETING. APRIL 24, 1991 PAGE 4
additional funds are needed for the board with the
additional features.
III. NOMINATIONS OF OFFICERS (MAY 1991 - APRIL 19921
IV.
Mr. Stouffer declared the nominations open for Chairperson of
the CATV Advisory Commission.
Mr. Scott nominated Mr. Stouffer for Chairperson.
Hearing no other nominations, Mr. Stouffer declared the
nominations closed.
MOTION by Mr. Scott, seconded by Mr. Kaspszak, to cast a
unanimous ballot for Mr. Stouffer for Chairperson of the CATV
Advisory Commission for 1991-92.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Mr. Stouffer declared the nominations open for Vice-
Chairperson of the CATV Advisory Commission.
Mr. Peterson nominated Mr. Scott for Vice-Chairperson.
Hearing no other nominations, Mr. Stouffer declared the
nominations closed.
MOTION by Mr. Peterson, seconded by Mr. Kaspszak, to cast a
unanimous ballot for Mr. Scott for Vice-Chairperson of the
CATV Advisory Commission for 1991-92.
OPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPER80N STOUFFER
DECLARED T8E MOTION CARRIED IINANIMOIISLY.
1992 BUDGET REOUEST
Mr. Moravetz stated the budget, included with the agenda, as
recommended by staff is presented on the first page.
Supporting data is available for members to review.
Mr. Moravetz reviewed the figures with the Commission
indicating that the City Manager is now looking at these
figures. To the right of the last column are figures in
parenthesis which are the amounts discussed by the Commission
at their last meeting. Mr. Moravetz submitted a memo
regarding the request that the CATV coordinator and two
Commission members attend the NATOA Conference and the CATV
coordinator and one or two Commission members attend the MACTA
Conference. He has not heard whether this will occur. This
is perhaps still a discussion issue with the City Council.
sC
CATV ADVISORY COMMISSION MEETING, APRIL 24. 1991 PAGE 5
As Mr. Moravetz indicated at the last Commission meeting,
there are several Council work sessions for the budget in
June, and that is when the budget will be finaed up. The
budget is presented for recommendation. Mr. Moravetz did not
know if the entire amount would be allotted. The worst that
would happen would be a 10� decrease in the budget for next
year.
Mr. Moravetz stated that attached to the budget is the ETC
Communications Workshop financial forecast for 1992. They are
asking for $42,000 from the 5� franchise fee. For 1991, they
received $35,000. The City Manager is working on a zero
budget and that is why this figure was extended as it was for
1992.
Mr. Stouffer stated he would like to see the amounts the
Commission had requested be put in the budget. �
Mr. Scott stated the franchise fee revenue projection was
above that collected in 1991.
Mr. Stouffer stated ETC received $35,000 last year.
Mr. Moravetz stated the actual figure in the past had been a
percentage of the franchise fee. In 1991, ETC received a flat
fee rather than a percentage.
Mr. Scott stated the $42,000 is what we thought they should
get.
Mr. Moravetz stated Ms. Hughes and several Commission members
felt this amount for next year was not adequate. After the
last meeting, Mr. Moravetz asked the ETC to come back with a
request for their reasonable needs, and they are requesting
$42,000.
Mr. Stouffer asked, in light of the budget constraints, if
members felt the amount of $42,000 was unreasonable.
Mr. Scott stated he felt the amount reasonable given the
projected increase in the franchise fee.
Mr. Peterson thought the figure was off. The subscriber base
is down and, therefore, so is the franchise fee. This amount
may be a mistake at this point.
Mr. Moravetz stated Mr. Hammerstrom would have to confirm
this. The number of subscribers normally falls off in
January, and then seems to pick up again. Using the 4th
quarter, 1990, revenues and adding 15$, the amount of the rate
increase effective January 1, 1991, a conservative estimate
. �
CATV ADVISORY COMMISSION MEETING. APRIL 24. 1991 PAGE 6
is $100,000 to $105,000 for the 1991-92 total franchise fee
receipts.
Mr. Scott stated he would give up the travel and conference
amount before giving up the ETC payment.
OTION by Mr. Scott; seconded by Mr. Peterson, to recommend
approval of the 1992 CATV budget as presented.
Mr. Scott stated, as discussed at the last meeting, the
workshop allocation has not changed much. He thought it
needed an influx of funds. Costs have been going up
considerably, the ETC has been doing a good job, and they
can do more. Conferences have simply been neglected and
that budget is there to turn it around. Leaving the
budget as it is, is leaving it unattended to. It allows
Mr. Moravetz to do a little, but outside that, there is
nothing.
Mr. Stouffer stated members have been reluctant to attend
conferences because of lack of funds.
Mr. Peterson stated the Commission members should be
better educated than others. Unless members attend other
meetings, members are at times falling behind and that
is not in the best interest of the City. He thought an
increase in the workshop account was definitely needed.
Mr. Kaspszak stated he agreed that the conference
allocation should be increased. Technology is changing
very fast. He is lucky that he knows people in the
business he can ask. It is very important to keep up,
and conferences are the only way to do that. Regarding
the allocation for ETC Workshop, he felt a percentage of
the franchise fee would be more appropriate.
Mr. Stouffer asked what percentage increase this would
represent over 1991.
Mr. Moravetz stated this is approximately 20�.
Mr. Moravetz stated, in comparing percentages in the
past, this is less of a percentage.
Mr. Scott thought this was a reasonable request.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOUFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
6E
CATV ADVISORY COMMIBBION MEETING, APRIL 24. 1991 PAQE 7
V. STATUS OF THE WIRING OF THE SENIOR MID-RISE APARTMENTS AT
MISSISSIPPI STREET AND 7TH STREET
Ms. Sydow, spokesperson for the residents at the Senior Mid-
Rise Apartments, stated the residents do not have cable TV.
She has lived in the building for two years and has heard a
number of excuses for not having cable. She contacted the
Property Manager about this and believed the information given
to him had been provided to the members. Ms. Sydow personally
went to the apartments and got over 50$ of the residents who
were interested in having their apartment wired so that those
who wish to have service can get it. After Kevin from Nortel
was at the apartments, he thought about one-third of the
residents had expressed a desire to subscribe to cable. There
are 103 apartments in the building, and they would like to
know why they cannot get cable service.
Mr. Hammerstrom stated, when the Property Manager contacted
him, he tried to find if there was sufficient interest to wire
at no charge to the owner. Yesterday, he sent a letter to the
property manager with an agreement which would allow Nortel
to wire the building at no charge to the owner. Each
apartment would be charged $9.95 for installation. Nortel can
begin wiring within a few weeks after receipt of the document.
Mr. Stouffer asked how long it would take to start wiring
after receiving the agreement.
Mr. Hammerstrom stated, from the time Nortel received the
agreement, it will take about three weeks to schedule the work
crew. Wiring the building will also take some time because
of the type of construction.
Mr. Scott asked if the building would be wired so they can
have service in any apartment that wishes to have cable.
Mr. Hammerstrom stated, yes.
Ms. Sydow asked if Nortel would wire all of the apartments but
only hook up those that want the service.
Mr. Hammerstrom stated, yes.
Mr. Stouffer asked if the Recreation room would also be wired.
Mr. Hammerstrom stated Nortel is willing to do this if the
owner is willing to pick up the service charge. The owner of
this building would prefer not to do this.
sF
CATV ADVISORY COMMISSION MEETING. APRIL 24, 1991 PAGE 8
VI.
Mr. Moravetz stated this could be a headache for the residents
also because of the many viewing options available
simultaneously.
Mr. Hammerstrom stated he has a copy of the letter that was
mailed and it should be received soon.
Mr. Scott stated the figures Mr. Hammerstrom gave in exchange
with Mr. Moravetz show a cost of approximately $9,000.
Mr. Hammerstrom stated that at one time Nortel did not have
an in-house crew. They thought it would be $35,000. Nortel
now has their own crew who can do the work at a savings.
Ms. Sydow stated, on behalf of the residents, she would like
to thank everyone for their efforts on their behalf and hoped
this will be done to everyone's satisfaction.
Ms. Olson, manager, stated she thought the estimated 30� to
35� subscriber rate would increase because good news travels
fast.
NORTEL CABLE REPORTS
A. Receive Annual Business Report Dated 4-01-91
1.
2.
3.
4.
5.
6.
7.
8.
Financial Statement
Fridley Channel Lineup
Fridley Annual Survey & Commentary
Cable Service Agreement
Cable Company Listing of
Officers
Cable Complaint Summaries
Schedule of Gross Revenues
Summary of Business Activity
Business Activity for 1991
Owners, Directors &
in 1990 & Projected
Mr. Hammerstrom reviewed the items pertaining to the
annual business report to the City.
Mr. Kaspszak referred to the Annual Survey and Commentary
and wondered how QVC could remain with such a seemingly
low viewership.
Mr. Moravetz stated the categories for viewing habits
were changed for the access channels for those viewers
who do not watch very often. Those who watch the access
channels once per week is approximately 40�, which is
pretty good compared to what it was a few years ago.
Whether the subscriber watches monthly, weekly, or
nightly, there may be some items they look forward to
6G.
CATV ADVISORY COMMISSION MEETING, APRIL 24, 1991 PAGE 9
watching a few times per year and he thought this adds
credence to these channels.
Mr. Moravetz asked if Nortel used the same format in
their surveys in Bloomington and St. Louis Park and if
the results were the same.
Mr. Hammerstrom stated they used basically the same
format, and the returns were quite close. In
Bloomington, some areas were closer. In Bloomington,
dissatisfaction was higher with MSC. Hopefully, with the
change to PSN, some of that'has gone away. But other
than that they are pretty close. For the other cities,
Nortel did not break out the access channels as was done
for Fridley.
Mr. Moravetz asked if Nortel was satisfied with the
marketing firm.
Mr. Hammerstrom stated Nortel had no complaints. The
company doing the survey is reasonable alternative for
the survey.
Mr. Stouffer referred to the comment about the remote
control when some can get one free. �
Mr. Hammerstrom stated he didn't know what the customer
was referring to.
Mr. Kaspszak stated the last comment on page 13 was a
very interesting comment, stating that $0.10 per channel
figures out to about a$6.00 basic rate.
Mr. Stouffer asked what the Fashion Channel and Science
Fiction channels were.
Mr. Hammerstrom stated the channel was a clothes shopping
channel, but no longer exists. The Science Fiction
channel has not started yet, but sounds like it will be
showing science fiction productions.
Mr. Moravetz asked, for pay-per-view, if Drive-In Cinema
was the same as Tuxedo and Spice.
Mr. Hammerstrom stated Tuxedo is no longer in existence.
Spice is their competitor. He stated Nortel is talking
to Playboy about their channel.
Mr. Moravetz stated this would be acceptable, as long as
it is not a basic service.
111J
CATV ADVISORY COMMISSION MEETING, APRIL 24. 1991 PAGE 10
Mr. Hammerstrom stated their programming is more
conservative than people think.
Mr. Stouffer stated he has seen the Playboy channel at
hotels. Much of the programming is discussion of adult
topics and adult shows.
Mr. Hammerstrom stated the selling point is that it is
different from Spice and would appeal to a different
audience. It therefore would not cannibalize buyers from
another channel.
Mr. Kaspszak asked if the charge of 10 cents per channel
as stated in the comments was an accurate figure.
Mr. Hammerstrom stated the question reads 10 cents or
more per channel.
Mr. Stouffer asked if the response was up or down.
Mr. Hammerstrom stated the response was slightly down.
Mr. Hammerstrom, referring to the Schedule of Gross
Revenues, stated that the total figure is slightly off
due to the rounding process.
Mr. Moravetz referred to the Summary of Business Activity
for 1990 and the Projected Business Activity for 1991,
and stated the number of basic subscribers dropped from
December 1990 to January 1991 and there was another drop
from January 1991 to February 1991. In past years the
summer months were the time people disconnected. He
asked the reason for this.
Mr. Hanumerstrom stated there are basically three reasons
for the decrease. A rate increase was implemented on
January 1, 1991. Between December and January, Nortel
was going to do a direct mail campaign which was
cancelled. In addition, the direct sales people were
temporarily reassigned to a new location during this
period.
Mr. Moravetz observed that the 15$ rate increase was
excessive. He also asked why should passings be reduced.
Mr. Hammerstrom stated that periodically the computer
data base will have wrong addresses entered. This
eliminates errors in addresses.
Mr. Kaspszak asked if Fridley was maxed out as far as
growth for new housing.
s�
CATV ADVISORY COMMZSSION MEETING, APRIL 24. 1991 PAGE 11
Mr. Moravetz stated there was not much chance for new
growth from a"units passing" standpoint. The vacant
property available is commercial or industrial.
Mr. Peterson stated there is a direct correlation between
basic channel subscribers and pay for view .
Mr. Hanunerstrom stated the pay for view takes the biggest
hit when subscribers need to reduce expenses. It is the
first to go. He would not necessarily correlate the
subscriber drop to the rate increase, but it is probably
due to the fact that Nortel did not have their marketing
in place.
Mr. Peterson asked if subscribers generally fluctuate 100
per month.
Mr. Hammerstrom stated this does happen. There are about
100 disconnects per month in Fridley. The only way to
replace those customers is through marketing.
Mr. Moravetz asked if Nortel has a computer record on
what percentage of disconnects are due to moving.
Mr. Hammerstrom stated moving is one of the direct
reasons for disconnects. 70� of the disconnects are
either non-pays or moving. About 60� of the disconnects
are because of moving.
Mr. Stouffer asked how long Nortel carries a non-paying
subscriber before disconnecting.
Mr. Hammerstrom stated about 60 days.
Mr. Moravetz stated that Nortel has the addresses where
people are moving out. Does Nortel contact these
addresses when people move in?
Mr. Hammerstrom stated Nortel has a contract with
Northwestern Bell so Nortel can get new listings of those
who are moving in. The most effective selling technique,
however, is still knocking on the door.
MOTION by Mr. Kaspszak, seconded by Mr. Scott, to receive
the Annual Business Report dated 4-01-91 with all related
information.
IIPON A VOICB VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOUBLY.
6J
CATV ADVISORY COMMISSION MEETING, APRIL 24, 1991 PAGE 12
B. Receive lst Quarter 1991 Franchise Fee
Mr. Moravetz referred to the copy of the franchise fee
and stated the report attached uses the same format and
categories•as in previous years. •
Mr. Stouffer stated he would like to see an increase next
quarter in the pay for view.
Mr. Moravetz stated the last page is a quarter to quarter
comparison. The total fee is more than for the same
quarter last year; however, it is $500 less than the
fourth quarter, 1990, fee even with the rate increase.
Mr. Stouffer asked that the rates be included in the
report, and the report be reconstructed so the report is
easier to read.
Mr. Stouffer stated there had been earlier discussion
about collections for 1991, and he felt actual fees would
not meet the projection.
Mr. Moravetz stated their estimate was approximately
$90,000 to $93,000.
Mr. Hammerstrom stated part of that could be due to the
economic turnaround. It depends on pay service rates.
It will help that Nortel has a new sales manager in
place, which will help. He has much optimism about
increasing the number of subscribers in Fridley, and he
thinks he can get growth. Mr. Hammerstrom didn't think
that an estimate of $92,000 was that far off.
Mr. Moravetz thought that those sport fans not currently
tuned in to pay for view will perhaps become more
frequent subscribers throughout the year.
MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to
receive the lst Quarter 1991 Franchise Fee.
DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N STOUFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
C. Other Nortel Updates
1. Discussion Re: Signal & New Sports Channel
Mr. Stouffer stated he had poor reception on PSN
during a game. The screen would turn white, then
black, and the picture would then come back.
�
CATV ADVISORY COMMISSION MEETING, APRIL 2�. 1991 PAGE 13
Mr. Moravetz stated he also had problems with
reception during that game.
Mr. Hammerstrom stated Nortel received one call, and
this could have been a scramble problem or a
receiver problem during that telecast.
Mr. Moravetz stated that if this persists people
will not buy the service.
Mr. Kaspszak asked about Wrestlemania.
Mr. Hammerstrom stated this telecast is less popular
and is approximately 1� behind last year.
Mr. Stouffer stated he would like to see a service
where he could call in and request to watch the
telecast of a specific game.
Mr. Hammerstrom stated the NFL is looking at having
such a program this fall or next fall as pay for
view for those who wish to watch a game and live out
of the area where the game is being held. They are
playing with the concept at this time.
Mr. Kaspszak stated he had tried the North Stars pay
for view for the first time last month. It took a
while to figure out how to get it right away. He
found it difficult to find the number to call to
get the service. He finally ended up calling the
office to get the number. Now that he knows, he
has used again. However, Mr. Kaspszak wonders how
many others also find this confusing. He asked if
the telephone number could be generated on the
screen when the date is shown.
Mr. Stouffer stated the screen shows the program
channel and date. The phone number could also be
added below that information.
Mr. Hammerstrom�stated the number will be changing
to something that is easier to remember. He liked
the suggestion to list the telephone number on the
screen.
Mr. Moravetz asked if there was a reception problem
with the Black Hawks game with a black line on the
screen throughout the game. Did Nortel give
subscribers 50$ credit for that?
6L
CATV ADVISORY COMMISSION MEETING. APRIL 24. 1991 PAGE 14
Mr. Hammerstrom stated they had other problems.
Nortel was given the wrong information. Subscribers
were given rebates for that because of the many
problems. '
Mr. Stouffer asked if Nortel told the patrons this
was free due to the problems.
Mr. Hammerstrom stated, no.
Mr. Stouffer thought Nortel should put something in
the billing that states Nortel is sorry for the
inconvenience and that the game is free. This is
good public relations, and could be printed on
everyone's statement.
Mr. Hammerstrom felt this was a good suggestion and
will speak to the billing agency to incorporate.
Mr. Peterson stated there were comments about the
poor quality programming of HBO and Showtime.
Mr. Hammerstrom stated this is one of the prime
issues in the industry at this time. Cinemax is
going to propose a threshold level for license fees
which supposedly gives cable companies more
flexibility. However, Mr. Hammerstrom has not yet
seen the proposal. Showtime is experimenting with
a fixed per company rate. The cable company can set
the price as they wish as long as Showtime gets
their fee. TCI is going to a their own pay service
and will charge $1 per month and shows older movies.
Mr. Stouffer asked if there was flack among the
Federal government.
Mr. Hammerstrom stated he thought the government was
confused about what they want to do. The FCC is
working on proposed modifications.
Mr. Moravetz stated these modifications are expected
to be out on May 9.
Mr. Hammerstrom stated one area is to redefine
competition in the marketplace.
Mr. Moravetz stated if there are two cable
companies, it is considered competition. The latest
criteria of effective competition would potentially
put rate regulation back in place.
l•J 1'I I
CATV ADVISORY COMMISSION MEETING. APRIL 24, 1991 PAGE 15
Mr. Hammerstrom stated rate regulatio
Fridley and St. Louis Park but could
Bloomington. There are still many
questions concerning these changes.
interesting to see what happens.
VII. OTHER BUSINESS
A.
�
Franchise Fee Payment Worksheet
n is not in
happen in
unanswered
It will be
Mr. Moravetz stated the present report includes basic,
pay-per-view, advertising. There is not much made for
various things like stereo pay-per-view, remote control,
etc. This worksheet has been prepared for discussion
which takes the reporting a step further in identifying
revenue sources.
Mr. Hammerstrom stated he sent a copy of the proposed
report to his main office for their reaction about the
amount of detail requested. The questions are how useful
is this information and why is it needed. What Nortel
has provided to this point has been adequate. The
information is taken from the billing report and then
rolled into a summary category of revenue. For our
accountant to go back for line items will be an onerous
task. Our financial office is a one-person office and
to burden him with more is a big task. Category fees
would be particularly impossible to provide in any type
of timely basis. If the information you are getting now
is acceptable, is this necessary? Fees are audited by
a firm and the City can audit if they desire. The
proposal would require much work, and we at Nortel wonder
if there is a need for the additional break down of
information.
The Commission members discussed the proposed format and
felt that the information as currently received was
adequate for their purposes.
Cable Legislation
Mr. Kaspszak asked for the latest update on the Cable
bill.
Mr. Hammerstrom stated there are a number of different
versions of the Cable bill. The one that is getting the
most attention is the Anoya bill but nothing will likely
happen until the FCC does something. The focus of the
discussion changed from the consumer to the business
aspect of cable being a large part of the media in the
6N
CATV ADVISORY COMMISSION MEETING, APRIL 24, 1991 PAGE 16
marketplace. In the process of the shift in focus, Mr.
Hammerstrom felt that the conswaer had lost.
VIII. ADJOURNMENT
MOTION by Mr. Peterson, seconded by Mr. Scott, to adjourn the
meeting. �
IIPON A VOICE VOTE� ALL VOTING AYB, CHAIRPERSON DECLARED THE
MOTION CARRIED AND THE APRIL 24, 1991, CATV ADVISORY
COMMISSION MFETING ADJOIIRNED AT 9515 P.M.
Res ectfully submitted,
L vonn Cooper �•�.
Recording Secretary
. �
CITY OF FRIDLEY
PLANNING COMMISBION MEETING, MAY 22, 1991
�Yr��Ar1YM�Ar1�ti�Yrw� Y�►�►��S�►4StiY�Y�Y�.YMti�YMM�Yr�Nw�►�YAM��YMM��Yw���Y�Y��►M�YMN�Mti�►�Y
CALL TO ORDER•
Chairperson Betzold called the May 22, 1991, Planning Commission
meeting to order at 7:40 p.m.
ROLL CALL•
Members Present: Don Betzold, Dave Kondrick, Brad Sielaff,
Larry Kuechle (for Diane Savage)
Members Absent: Dean Saba, Sue Sherek, Connie Modig
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Steven Barg, Planning Assistant
Jean Hagberg, 5881 - 2nd Street N.E.
James Peterson, 7995 Broad Avenue
See attached list
APPROVAL OF MAY 8, 1991, PLANNING COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the
May 8, 1991, Planning Commission minutes as written.
QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MAY 8, 1991, PLANNIN(3 COMMISSION MINIITES APPROVED AS WRITTEN.
1. CONSIDERATION OF A VACATION REQUEST, SAV #91-01, BY EUGENE
AND JEAN HAGBERG•
To vacate the 12 foot alley in Block 23, Hyde Park, for a
distance of approximately 243 feet south of the south li.ne of
59th Avenue, generally located north of 58th Avenue, south of
59th Avenue, east of 2nd Street, and west of 2 1/2 Street.
Ms. McPherson stated this is the 243 feet directly south of 59th
Avenue. The alley is not improved, and all the properties in this
general area are zoned S-1, Hyde Park. Alleys serve the public in
three ways: They provide: (1) vehicular access; (2) location for
utilities; and (3) access for emergency vehicles. In this
particular instance, all the properties except one, 5834 - 2 1/2
Street, just south of where the vacation request ends, have access
from either 2nd Street or 2 1/2 Street.
Ms. McPherson stated the City has several advantages for vacating
the alley. It will remove from the public responsibility part of
%
PLANNING COMMI88ION MBETING. MAY 22. 1991 PAGE 2
an alley that the City cannot maintain, transferring the
maintenance responsibilities to the adjacent homeowners directly
abutting the alley. It would also potentially remove nuisances of
partying and illegal dumping of materials.
Ms. McPherson stated the property owner, Pete Meisner, who depends
on the alley for access could potentially still have access from
58th Avenue, which is the south entrance to the alley, or if he
could come to some type of agreement with the apartment building
directly to the west of him at 5851 - 2nd Street, he would still
have access to his property.
Ms. McPherson stated there are several disadvantages to vacating
the alley. In the past, the Council has preferred 100� agreement
for vacating an alley or street. Included in the agenda packet
are minutes alluding to a 1963 alley vacation in which the petition
was to vacate a portion of an alley; and in the process of review,
the entire alley, without 100� agreement, was vacated. However,
the original petition for the portion of the alley was 100� agreed
upon by those persons directly abutting the alley, the same as this
current request.
Ms. McPherson stated that in 1980, a similar request to vacate all
of the alley in Block 7, Hyde Park, was approved by the City. In
that instance, a petition with 100� of the adjacent property owners
was submitted. In the Hyde Park neighborhood, there are two
partially vacated alleys and four entirely vacated alleys.
Ms. McPherson stated vacating a portion of the alley creates an
alley that has a deadend which would require that someone driving
into the alley would have to back out the same way he/she entered
the alley. With only one entrance to the alley, access would be
prohibited should someone park in the south area of the alley, and
this would prohibit the access of Mr. Meisner's property.
Ms. McPherson stated a third opportunity for access to Mr.
Meisner's property would be for the City to allow a parking area
to be paved in his front yard. However, in reviewing the building
file in 1978, apparently City staff told the previous property
owners that they could not use a curb cut in their front yard, even
though the Code allows parking in the required front yard if the
parking does occur on a hard surface.
Ms. McPherson stated that in evaluating the request based on the
three public purposes (vehicular access, emergency vehicle access,
and location for utilities), the only requirement that is not met
is the fact that the access to Mr. Meisner's property could
potentially be blocked. There are NSP overhead wires in the alley;
however, a 10 foot drainage/utility easement submitted by the
petitioners would still allow access by the utility company to
repair and maintain their lines. The Fire Department does not
7A
PLANNING COMMISSION MEETING. MAY 22, 1991 PAGE 3
require the alley for emergency access, so the remaining issue is
to ensure that Mr. Meisner has guaranteed access to his property.
Ms. McPherson stated staff is recommending to the Planning
Commission that this vacation request not be granted until Mr.
Meisner has guaranteed access to his property, either by an
easement agreement with the property owner of 5851 - 2nd Street,
the apartment building directly to the west of his property, or by
the City allowing him to pave a parking area in the front yard.
If either option does occur, staff would recommend the portion of
the alley be vacated as requested, the north 243 feet, with two
stipulations:
l.
2.
The petitioner shall pay for the cost of preparing and
installing the deadend alley signs.
The petitioner shall provide a 10 foot drainage and
utility easement over the vacated alley.
Ms. McPherson stated staff is also recommending that perhaps the
Planning Commission might want to discuss the policy issue of
vacating part or all of alleys in general and make a recommendation
to City Council.
Mr. Betzold asked how access to Mr. Meisner's property is being
denied.
Ms. McPherson stated that Mr. Meisner's house has no garage and no
driveway from 2 1/2 Street. In order for Mr. Meisner to remove his
vehicle from the street, he uses the alley to park in his rear yard
on the grass. On occasion he has had to call the City to say that
someone has piled brush in the alley or someone has parked in the
alley which prevents him from accessing his property.
Mr. Kuechle asked if there is any record for the number of parties
or disturbances that would indicate a good reason to vacate the
alley.
Ms. Dacy stated the Police Department has records, but staff does
not have that information for the meeting.
Ms. Jean Hagberg, 5881 - 2nd Street, stated that they have lived
at this address since 1964. Until last year, the alley has not
been drivable, because of high ruts. In the last year, they have
had NSP cut down trees, and the neighbors cleaned up the alley.
They also hauled in dirt to fill in the ruts, because they had
plans for vacating the alley on their end.
Ms. Hagberg stated their reasons for wanting t
is because of the kids that go back there and
broken glass, cans, beer bottles, and other
driving through the alley at 2:00-3:00 a.m.
%8
o vacate the alley
party, because of
debris, and cars
PLANNING COMMISSION ME$TING, MAY 22, 1991 PAGE 4
Mr. Paul Reider, 5875 - 2nd Street, stated that he owns the
property adjoining the Hagbergs. He stated snowplowing is a
concern of his since this alley has never been plowed. This alley
has no gravel on it, and it is very muddy when it rains. At this
point in time, he did not expect the City to come in and spend any
of his tax dollars to improve it. Six months out of the year, the
alley is filled with snow. If the alley was plowed, what would
happen to the snow? To his knowledge, the alley has not been used
for garbage removal or fire access. He believed it would be a win-
win situation for the City to not spend any money improving this
property, and he would condone giving Mr. Meisner off-street
parking in his front yard. Mr. Meisner's lot is very small, but
he could have access to his rear yard from the south end of the
alley and from the front. He did not want to cause a hardship for
anyone.
Mr. Meisner stated there are no lights in any of the alleys that
the City is not maintaining. So, it is very dark back there. He
stated he walked down to the 5900 block where 1/2 of the alley is
vacated. He did not see one sign saying "deadend". He did not
see any signs saying "end of street" or any barricades. He asked
some people if there were any problems with the vacation of the
alley, and there did not appear to be any problems. Regarding snow
removal, they said they are at the discretion of the apartment
building to plow them out. He did not understand that, because he
is under the impression that he is not allowed to plow an alleyway
with his personal vehicle. The people in the 5900 block told him
of similar problems with the alley because of the darkness, a place
for kids to party, and trying to keep the alley clean.
Mr. Reider stated that if one-half of the alley is vacated, they
will stop people from using it for a shortcut and for parties and
it will stop the garbage that is ongoing. The broken glass is a
big problem, and who is liable if someone gets cut while playing
in the alley? If the alley is to be kept open, then he thought
lights are essential for security reasons.
Mr. Betzold asked if vacating the northern one-half of the alley
would preclude the vacation of the southern one-half in the future.
Ms. Dacy stated that if the neighbors submitted a petition to
vacate and had 100� agreement from the adjacent property owners,
then she did not see how the vacation of the northern half could
preclude the vacation of the southern half.
Ms. Dacy stated staff's recommendation is based on the objective
to get the access issue resolved for Mr. Meisner or any future
owner of his property. The record is not clear as to why the City
denied the former property owner the ability to have a curb cut off
that street in 1978 when the Code does allow it. They do not know
if the property owner of the apartment building would be willing
%C
PLANNZNG COI+IIdI88ION MEETING, MAY 22. 1991 PAGE 5
to record an access easement in perpetuity across their property
to allow Mr. Meisner access.
Mr. Pete Meisner stated that he has to have some type of access to
his property. He is willing to work with the apartment building
owner to get an easement as long as it is in writing.
Mr. Kondrick asked how Mr. Meisner felt about a parking area in
his front yard.
Mr. Meisner stated a parking area in his front yard would take up
almost his entire front yard. He would prefer to have access to
the rear of his property.
Mr. Betzold stated a third option for access to Mr. Meisner's rear
yard is to come through the alley from the south.
Mr. Meisner stated the only problem with that is that he would have
to drive in forward and then back out. He would still have to
drive on a part of the northern part of the alley.
Mr. Betzold asked about snow removal in the wintertime.
Ms. Cheryl Williamette, 6004 - 2 1/2 Street, stated she is the
previous owner of Mr. Meisner's property. She stated they had a
big truck and they plowed the alley themselves. They always parked
two vehicles in the back yard. She stated that in 1978 when the
City came in and tore up the old streets and put in new streets and
curbs, they decided they would like to put a parking area in the
front yard. She stated the property is on a hill, and there is no
way you can guarantee that a vehicle parked on the hill in the
wintertime is not going to slide down the hill. So, it is not an
option unless they dig into the hill, and there is water and sewer
on part of the property. At one time, she and her husband tried
to see if they could put a drive-around to get to the rear of the
house, but there is not enough room on either side of the house.
Ms. Dacy asked Ms. Williamette if she remembered why the City did
not allow a curb cut in 1978.
Ms. Williamette stated the City said it was because they could not
park in front of the house, that they needed some access around the
house.
Ms. Judy Konselo, 5828 - 2 1/2 Street, stated she owns the property
next to Mr. Meisner. She stated she uses the alley to the south,
and in the wintertime, the snow from the apartment building parking
lots is stacked at the end of the alley, so access to the south for
Mr. Meisner is not possible in the wintertime.
Ms. Dacy stated that given these particular circumstances, staff
thought the option for a driveway in Mr. Meisner's front yard
7D
PLANNING COMMISSION MEETZNG, MAY 22, 1991 PAGE 6
should be reconsidered. The lot is only 40 feet wide, and there
is no way to get to the rear from the front of the property, and
it seems like a reasonable option.
Mr. Betzold stated that if the City does vacate the northern half
of this alley, they are essentially taking property from Mr.
Meisner. By denying him.the access to the rear of his property
and then requiring him at the same time to have some place to park
his car, having to use his front yard for a driveway would diminish
the value of his property. If the only access to the rear of the
property is with an easement, that will cost someone some money,
and somehow this is going to have to be worked out. He stated
using the southern half of the alley is the worst scenario, because
it is probably just a matter of time before 'the neighbors to the
south are going to want to vacate their half of the alley. It is
too bad the City turned down the curb cut and driveway 12 years
ago, because they wouldn't have this problem now.
Mr. Betzold stated he believed there is an issue here, because the
City is essentially taking property, and the City Attorney should
review this matter before it goes to Council. He would also like
staff to contact the apartment building owner and get more
information on that option.
Ms. Dacy stated staff will try to contact and meet with the
apartment building owner at 5851 - 2nd Street to see if it is
possible to get an access agreement, and they will also discuss
this with the City Attorney.
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to table SAV #91-
O1, by Eugene and Jean Hagberg until the June 12, 1991, Planning
Commission meeting in order to obtain more information and to get
a legal opinion from the City Attorney.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Ms. Dacy stated that if not enough information is available for
the June 12, 1991, meeting, the City will notify the neighbors
about a week prior to the meeting.
Ms. Sherek stated another question to be asked of the City Attorney
is that if there are legal fees incurred by the property owner to
record an access agreement, is there any precedent for the City
undertaking the payment of those fees?
2. CONSIDERATION OF A VACATION REQUEST, SAV #91-02. BY JAMES AND
LINDA PETERSON AND TIMOTHY AND DONNETT MILLER:
To vacate the east 110 x 40 feet of Dover Street as measured
from the east right-of-way line of Broad Avenue, subject to
an easement for utility purposes over the southerly 20 feet
of the portion of Dover Street to be vacated and a walkway
7E
PLANNING COMMISSION MEETING, MAY 22. 1991 PAGE_7
easement over the northerly 10 feet of the southerly 20 feet
of the portion of Dover Street to be vacated, generally
located south of 591 Dover Street and north of 7995 Broad
Avenue.
Ms. McPherson stated the petitioners are proposing to vacate the
east 110 feet of Dover Street, as measured from the east right-of-
way line of Broad Avenue. This portion of Dover Street lies
between the two petitioners' properties.
Ms. McPherson stated the portion of Dover Street east of Broad
Avenue is currently a paper right-of-way. With the exception of
the water lines that lie within the public right-of-way, the street
is unimproved. The right-of-way is currently used by Mr. and Mrs.
Miller to access their property at 591 Dover Street.
Ms. McPherson stated the same public purposes exist for public
right-of-ways as was outlined previously: (1) vehicular access;
(2) location for utilities; and (3) emergency vehicle access. In
this instance, because of the change in topography between the
portion of Dover Street which intersects Broad and the upper
portion which is directly off East River Road, there would not be
a need for the City to connect two portions of Dover because the
cost would be prohibitive. Emergency access can be provided on
Broad and East River Road for the various properties. Currently,
residents from the upper portion of Broad Avenue do utilize the
bluff to walk down the bluff to the streets along the river. The
petitioners are proposing to provide a ten foot walkway easement
which will continue to allow residents to access the lower portion
of Dover Street.
Ms. McPherson stated there are water and gas mains located within
the right-of-way. Minnegasco has requested that the easement be
slightly modified to accommodate this gas main or that the
petitioners pay to relocate the gas main within the easement.
Staff believes the easement can be modified to accommodate
Minnegasco's request.
Ms. McPherson stated the petitioners received letters of agreement
from all but one of the residents living on the upper portion of
Dover Street. The one dissenting resident brought up the issue of
the pedestrian access, and that has been addressed by the
petitioi�ers proposing to provide a ten foot walkway easement.
Ms. McPherson stated that since the proposed vacation does not
adversely affect the vehicular access, utilities, or emergency
access, staff is recommending that the Planning Commission
recommend to City Council approval of the vacation with two
stipulations:
1. The petitioners, Timothy and Donnett Miller, shall
provide a hard surface driveway by August 1, 1992.
% F
PLANNING COMMISSION MEETING. MAY 22, 1991 PAGE 8
2. The drainage and utility easement shall be modified to
accommodate Minnegasco services as described in the
letter dated April 30, 1991.
Mr. James Peterson, 7995 Broad Avenue, stated one reason for
proposing the vacation is so that he can expand his garage and
driveway which seems more logical than building a detached garage
which would require a side yard variance. He realizes he cannot
build on top of the utility easement but he can build up to the
easement.
Mr. Peterson stated there is also an erosion problem, and it is
his intent to regrade and put in some plantings and landscaping to
keep the hill from eroding further.
Ms. Sherek stated that if they recommend approval of this vacation,
they are almost tying the Peterson's ability to build a garage and
upgrade their property to requiring Mr. and Mrs. Miller to put in
a hard surface driveway, and she did not think that is fair.
Ms. Dacy stated that if the Millers are contemplating a garage
rearrangement, the hard surface driveway would be a typical
stipulation as part of the building permit. Maybe the alternative
is rephrase stipulation #1 to say that if the petitioners, Timothy
and Donnett Miller, construct a new garage on Broad Avenue, they
will be required to provide a hard surface driveway.
Ms. Sherek stated that seemed to be fairer solution.
Mr. Peterson agreed that the stipulation does seem a little harsh
to require someone to pave a driveway area that is not being
maintained. Mr. Miller already has gravel to the garage from the
street.
Mr. Peterson stated that regarding the easement for the walkway,
he had included that as a political solution to the problem some
of the neighbors have at the top of the hill in wanting to walk
down the hill toward the river. If the City chooses not to accept
the easement, that is fine.
Ms. Dacy stated that if the walkway easement is not required by
the Cit.y and is not recorded and someone asks to walk down the
hill, would Mr. Peterson give them permission to do so?
Mr. Peterson stated he stated he has stone terraces behind his
house, and he has been thinking about extending those terraces to
try to retain some of the erosion. If someone wants to climb over
the terraces and crawl through some bushes, then he might have a
problem with that. He did not yet know his complete landscaping
plan for the area.
7G
PLANNING COMMISSION MEETING, MAY 22. 1991 PAGE 9
Ms. Dacy stated she believed City staff went along with the
petitioner's political solution for a walkway easement, because
staff thought there was some demand on the part of the neighborhood
at the top of hill to walk down the hill. In looking at the slope
of that hill, she did not know how these people do that. If there
are signs of erosion, she believed the Public Works Department will
not be allocating any money for providing a walkway or sodding, as
they just do not have the resources to do that. If someone does
want to walk down the hill and is not able to cross through Mr.
Peterson's property anyway because of his landscaping improvements,
then why have the easement?
Mr. Peterson stated there was a question as to why he is not
requesting to vacate the entire stretch Dover Street. He believed
that at some time, the City is going to have to go in and do
something to hold up the street, and it seemed more appropriate to
leave that portion of the street in the hands of the City.
(Ms. Sherek left the meeting at 9:00 p.m.)
Mr. Kuechle stated he is in favor of leaving the stipulation for
a hard surface driveway. If they modify it to say that a hard
surface driveway is not required until there are some improvements
on the property or a garage is constructed, then whenever might be
never.
Mr. Kondrick stated he agreed with Mr. Kuechle. The hard surface
driveway would certainly look nicer.
MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend to
City Council approval of a vacation request, SAV #91-02, by James
and Lynda Peterson and Timothy and Donnett Miller, to vacate the
east 110 x 40 feet of Dover Street as measured from the east right-
of-way line of Broad Avenue, subject to an easement for utility
purposes over the southerly 20 feet of the portion of Dover Street
to be vacated and a walkway easement over the northerly 10 feet of
the southerly 20 feet of the portion of Dover Street to be vacated,
generally located south of 591 Dover Street and north of 7995 Broad
Avenue, with the following stipulations:
1. The petitioners, Timothy and Donnett Miller, shall
provide a hard surface driveway by August 1, 1992.
2. The drainage and utility easement shall be modified to
accommodate Minnegasco services as described in the
letter dated April 30, 1991.
3. The petitioners �hall record a 10 foot walkway easement
at the County.
IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPBRBON BBTZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
7H
PLANNING COMMISSION MEETING. MAY 22, 1991 PAGE 10
Ms. McPherson stated the City Council will set a public hearing
date on this item for June 17, 1991.
3. RECEIVE APRIL 16, 1991. ENVIRONMENTAL OUALITY AND ENERGY
COMMISSION MINUTES:
MOTION by Mr. Sielaff, seconded by Mr. Kondrick, to receive the
April 16, 1991, Environmental Quality and Energy Commission
minutes.
IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPER80N BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
4. RECEIVE MAY 2. 1991. HUMAN RESOURCES COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the
May 2, 1991, Human Resources Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOOSLY.
5. RECEIVE MAY 9. 1991, HOUSING AND REDEVELOPMENT AUTHORITY
MINUTES•
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the
May 9, 1991, Housing and Redevelopment Authority minutes.
OPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BET20LD DECLARED
THE MOTION CARRIED tJNANIMOIISLY.
6. RECEIVE MAY 14, 1991. APPEALS COMMISSION MINUTES:
MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the
May 14, 1991, Appeals Commission minutes.
IIPON A VOICE VOTE� ALL VOTING AYE� CBAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
ADJOURNMENT•
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the
meeting. Upon a voice vote, Chairperson Betzold declared the
motion carried and the May 22, 1991, Planning Commission meeting
adjourned at 9:15 p.m.
Respectfully subm'tted,
Lyn Saba
Recording Secretary
7�
B I O N- IN 8 H$$ T
�
7J
r �►
�
.
Community Development Department
G DIVISION
City of Fridley
DATE: May 30, 1991 ,�
T0: William Burns, City Manager��'�
� '� r
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Vacation, SAV #91-02, by James and Lynda
Peterson and Timothy and Donnett Miller
Attached please find the staff report for the above-referenced
request. The Planning Commission voted unanimously to recommend
approval of the request to the City Council.
The City Charter requires that the City
hearing for all ordinance changes. As
requires an ordinance, staff recommends
establish the public hearing date for th
1991.
MM/dn
M-91-376
%
Council hold a public
the vacation request
that the City Council
e vacation on June 17,
�
� STAFF REPORT
APPEALS DATE
��OF PLA�i�'a ��Nq$$�� DA� : May 22, 1991
FRiDLEY CITY COUNGL DATE : June 3, 1991 �Hpq MM/dn
�REQUEST
PERMIT NUMBER
APPUCANT
PROPOSED REQUEST
■LOCATION
■
�SITE DATA
SIZE
OENSITY
SENT ZONING
ACENT LAND USES
8� ZONING
ARK DEDICATION
NALYSIS
FINANCIA� IMPUCATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
COMPATIBILITY WITH
ADJACENT USES 8� ZONNG
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDATION
SAV ��91-02
James and Linda Peterson; Timothy and Donnette Miller
To vacate the east 100 feet of Dover measured from
the east ROW line of Broad Avenue.
Blocks K and H, Riverview Heights
R-1, Single Family Dwelling
R-1, Single Family Dwelling to the north, south,
east, and west
Yes
Yes
Approval
Approval with stipulations
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7N
Staff Report
SAV #91-02, James and Lynda Peterson
Timothy and Donnett Miller
Page 2
REOUEST
The petitioners are proposing to vacate the east 110 feet of Dover
Street, as measured from the east right-of-way line of Broad
Avenue. This portion of Dover Street lies between the two
petitioners� properties.
SITE
The portion of Dover Street east of Broad Avenue is currently a
paper right-of-way. With the exception of sewer and water lines
that lie within the public right-of-way, the street is unimproved.
The properties are zoned R-1, Single Family Dwelling, and the
right-of-way is currently used by Mr. and Mrs. Miller to access
their property at 591 Dover Street.
ANALYSIS
The public purpose served by the right-of-way is to provide
vehicular access, emergency access, and to provide public
utilities. The proposed vacation would not directly affect
through-access for traffic purposes, as there is a change in
elevation of approximately 25 feet from the lower portion of Dover
Street where the vacation is to occur and the upper portion of
Dover Street which is accessed off of East River Road. Mr.
Peterson's property is accessed directly from Broad Avenue and Mr.
Miller's property is currently accessed from the paper public
right-of-way to a private driveway. If the vacation is approved,
Mr. Miller will need to construct a new driveway to provide access
to his property. Emergency access is accommodated on Broad Avenue
to both properties.
The other form of access to consider is that by pedestrians.
Currently, residents living at the top of the bluff walk down the
bluff and cross the right-of-way to be vacated to walk toward the �
river. The petitioners are proposing to provide a ten foot walkway
easement which will continue to allow residents to access the lower
portion of Dover Street.
There is a sewer and water main within the right-of-way which
provide services to the petitioners� properties. In addition,
Minnegasco also has a gas main located within the public right-of-
way. The petitioners are proposing to provide easements to the
City for utilities and drainage. The proposed easement will need
to be modified to accommodate Minnegasco.
The petitioners received letters of agreement from all but one of
the residents living on the upper portion of Dover Street agreeing
���
Staff Report
SAV #91-02, James and Lynda Peterson
Timothy and Donnett Miller
Page 3
to the vacation. The one dissenting resident was concerned with
continued pedestrian access. This concern has been addressed by
the petitioners.
RECOMMENDATION
The proposed vacation does not adversely affect vehicular access,
utilities, or emergency access. Staff recommends that the Planning
Commission recommend approval of the vacation with the following
stipulation:
1. The petitioners, Timothy and Donnett Miller, shall provide a
hardsurface driveway by August 1, 1992.
2. The drainage and utility easement shall be modified to
accommodate Minnegasco services as described in the letter
dated April 30, 1991.
3. The petitioners shall record a 10 foot walkway easement at the
County.
7P
SAV �i91-02
Peterson/Miller
N.C. NOIUM AH�ASSOCIATES, IHC. LANDelepo�e`
P. 0. BOX 33026-COON RAPIDS MINN 55�33 421-782:
10731 MISSISSIP�I BLVD. N. ., �OON RAPIDS, MN
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RIVERVIEW HEIGHTS,
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I HEREBY CERTiFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BdUNC
OF THE ABOVE DESCRIBED LAND, AND THE LOCATION OF ALL BUIIDINGS, THEREON, AND ALL VIS18L1
CROACHMENTS, IF ANY, FROM OR ON SAID LAND.
22nd February 90
AS SURVEYED BY ME THIS ...................DAY OF .............................................A.D. 19...............
N.C. HOIUM AND'ASSOCl/y�E�, IN�'/./ '
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SITE PLAN
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CITY OF FRIDLEY
S4S1 I�NIVERSITY AVE. N.E.
fItIDLEY, MN ia43Z
(atQ)6Tt-s4S0
REZONING REQUEST ZOA #
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PLATTING REQUEST P.S. #
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PROPERTY INFORMATION
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REASCN FOR R�UES'�: A site plan shawin9 the pcopcsed future use is required for all
rezoning.
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w�1tY t-.� h! � o E bRo ►r! Prv E
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FEE OWNER INFORMATtON �
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PETITIONER INFORMATION �`""
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N. C. HOIUM & ASSOC., INC.
10731 Mississippi Blvd. N.W. (P.O. Box 33026) � Coon Rapids, MN 55433
�
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April 15, 1991
James Peterson
7995 Broad Street N.E.
Fridley, MN 55432
Dear Mr. Peterson:
Land
Surveyors
TELEPHONE
(612) 421-7822
The following is a suggested legal description for the vacation
of Dover Street in the City of Fridley:
All that part of Van Buren Street, now known as Dover
Street in the plat of RIVERVIEW HEIGHTS according to
the plat thereof on file and of record in the office
of the County Recorder in and for Anoka County, Minn-
esota, lying Easterly of a line drawn from the North-
westerly corner of Lot 19, Block L to the Southwesterly
corner of Lot 21, Block K and lying Westerly of a line
drawn from the Northeast corner of Lot 22, Block L to
the Southeast corner of Lot 18, Block K, all in the
plat of RIVERVIEW HEIGHTS.
Subject to an easement for utility purposes over the
Southerly twenty (20) feet of the portion of Dover
Street to be vacated.
Also subject to a walkway easement over the Northerly
ten (10) feet of the Southerly twenty (20) feet of the
portion of Dover Street to be vacated.
Yours trul ,
� � /
N. C. Hoium RLS
NCH:dh
7T
°' inne asco
�'M 9'
April 30, 1991
Donald Betzold
Chairman, Planning Commission
City of Fridley
6431 University Avenue N.E.
Fridley, l�i. 55432-4384
RE: Street vacation of Dover Street
SAV #91-02
Dear Mr. Betzold:
Minnegasco does have an existing gas main in that portion of
Dover Street proposed to be vacated.
Since this gas main is necessary to serve 591 Dover Street and
7995 Broad Avenue, we must object to this proposed vacation
unless suitable easement rights are reserved to Minnegasco,
pursuant to MSA 160.29.
Please reserve an easement over the following described
property:
That part of Dover Street which lies 60.00 feet Easterly,
measured at right angles, from the Easterly right-of-way
line of Broad Avenue.
The utility easement mentioned in your letter over the South
20.00 feet will not sufficiently protect Minnegasco's existing
gas main and the legal description mentioned above will have to
be included in the vacation document should it be passed.
We may consider removing our objection should the petitione=s
wish to reimburse Minnegasco the cost of relocating the existing
gas main and service lines. To discuss this and other options
that may be available, please have the petitioner contact Rick
Pilon, Senior Design Engineer at 342-5426.
Thank you for the advance notice and please send me a copy of the
final action on this proposed vacation.
cc: R. J. Pilon, Minnegasco
Ron Munson, Minnegasco
700 West Linden Avenue
p.o. soX i�s�
Minneapolis, MN 55440-1165
7lJ
Sincerely,
(}.�— /
/ /, � �1� � L Zifl ��-
Steven Von Barc}+en
Real Estate Specialist
Minnegasco
To: Timothy and Donnett Miller
James and Lynda Peterson
I/we hav� no objection to your proposal to ask the City of Fridley to
vacate the public right of way called Dover Street which lies between
your hon,es at 7995 Broad Avenue Northeast and 591 Dover Street
Northeast, Fridley, Minnesvta, viz: the first 110 feet of Dover Street
immediat�:ly east of Broad Avenue.
I/we realize that this would eliminate the possibility of Dover Street
bE•lllg developed as a through street from Broad Avenue to the East River
ROac� .
(,
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NAME
. �
NAM
.5// ,d?rz� .�'� �' �
ADDRESS
�'-��� i � i iy/
DATE �
7V
To: Timothy and Donnett Miller
James and Lynda Peterson
I/we have no oUjection to your proposal to ask the City of Fridley to
vacate the public right of way called Dover Street which lies between
your homes at 7995 Broad Avenue Northeast and 591 Dover Street
Northeast, Fridley, Minneaota, viz: the first 110 feet of Dover Street
immedia�ely east of Broad Avenue.
I/we realiz� that this would eliminate the possibility of Dover Street
being developed as a through street from Broad Avenue to the East River
Road.
NAME
. ;
Q
NAME
�/� Q�i� �� �°.
ADDRESS
� �� �� �-
DATE �_ � 7_ yl
% W
To: Timothy and Donnett Mil�er
James and Lynda Peterson
I/we have no objection to your proposal to ask the City of Fridley to
vacate the public right of way called Dover Street which lies between
your homes at 7995 Broad Avenue Northzast and 591 Dover Street
Northeast, Fridley, Minnesota, viz: the first 110 feet of Dover Street
immediately East of Rroad Avenue.
I/we realize that this would eliminate the possibility of Dover Street
being developed as a through street from Broad Avenue to the East River
Road.
/ /
NAME
NAME
�-� ��-�,���
ADDRESS
�—, .�— /
DATE �
%i(
To: Timothy and Donnett Miller
James and Lynda Peterson
I/we have no objection to your proposal to ask the City of Fridley to
vacate the public right of way callzd Dover Street which lies between
your homes at 7995 Broad Avenue Northeast and 591 Dover Street
Northeast, Fridley, Minnesota, viz: the first 11� feet of Dover Street
immediately east �f Rroad Avenue.
I/we realize that this would eliminate the possibility of Dover Street
being developed as a through street from Broad Avenue to thz East River
Road.
� ��
_. , - ,
. ..
� � �� ,
,•-_ � --�____
NAME �-'
NAME
/ J ` �_
�J I ,��z����' �-
ADDRESS
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DA � �'
7Y
�
To: Timothy and Donnett Miller
James and Lynda Peterson
I/we have no objection to your proposal to ask the City of Fridley to
vacate the public right of way called Dover Street which lies between
your homes at 7995 Broad Avenue Northeast and 591 Dover Strzet
Northeast, Fridley, Minneaota, viz: the first 110 feet of Dovez• Street
immediat�:ly east of Rr•oad Avenue.
I/we realize that this would eliminate the possibility of Dover Street
being developed as a througri street from Br�ad Avenue to the East River
�oad.
, � `
/' / /1 ,
/ 2:. �GZ�L�Lc.��- - ��sr�.�i��e-r�-� �
NAME , I
1 �v1 � �j�� /,� � -- `
NAME - �� -� . �� �:
� ��� ��` �. ��.
ADDRESS
� ' �
DATE ,� � J y� y.
� %�� i9�i
C%�
7Z
To: Timothy and Donnett Miller
James ar�d Lynda Peterson
I/we have no objection to your proposal to ask the City
vacate the public right of way called Dover Street which
your homes at 7995 Broad Avenue Northeast and 591 Dover
Northeast, Fridl�y, Minnesota, viz: the first 110 feet
immediately east of Broad Avenue.
of Fridley to
lies between
Street
of Dover Street
I/we realiz� that this would e.liminate the possibility of Dover Street
being developed as a through street from Broad Avenue to the East River
Road.
Q, �
NAM
NAME
S�� �a Jt� �1 . /U �-: . �'TLi � �
ADDRESS
�l� � l� r
DATE �'
7AA.
� � Community Development Department
� G DIVISION
City of Fridley
DATE : May 3 0, 19�91 ��
TO: William Burns, City Manager �;��' '
�;1
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SOBJECT: Variance Request, VAR #91-09, by Seviola
Construction
Attached please find the above referenced staff report. The
Appeals Commission voted unanimously to recommend denial of the
request to reduce the front yard setback from 35 feet to 29.5 feet.
Staff recommends that the City Council concur with the Appeals
Commission action.
MM:ls
M-91-372
�
� T
� STAFF REPOR
APPEALS DATE raay �4, 1991
CITY OF PLANVNG CON�AISS�4N DATE
F'RIDLEY CITY COIJNCIL DATE JZme 3, 1991 �tioR r'Y"i/ls
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
8� ZONING
UT�.ff�S
PARK DEDICATION
ANALYSIS
FlNANCIAL IMPLICATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
COMPATIBILITY WITH
ADJACENT USES 8� ZONNG
ENVIRONMENTAL
CONSIDERATIONS
,-----------•—
STAFF RECOMMENDATION
APPEALS RECOMMENDATIOI
PLANNING COMMISSION
RECOMMENDATIO�
�
VAR #91-09
Seviola Cbnstructi� Oo. representing Rpbert McKay
�Po rec�uoe the front yard setback fran 35 ft. to 29.5 ft.
5218 Matterhorn Driv� N.E.
11,280 sq. ft.; 16.6$ lot ooverage
1� 1, S ing le Fami ly Dwel ling
F�1, Single Family Dwelling to the N, S, E, & W
Yes
Denial
Denial
-- _:,
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C/TY
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VAR 4t91-09
S0V101H i�nnstr�,n*;....
SEC. 25 T. 30, R. 24
OF
OF
COL UMB/A
25
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8B LOCATION MAP
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VAR ��91-09
Seviola Construction
_ ��
8 � ZONING MAP
�
Staff Report
� #91-09, 5218 Matterhorn Drive
Page 2
V• �I� ,►G ; �.:1.� .
"Need i-�ocan for cars to be gazaged--existux� garaqe too small. Children
starting to drive."
• � �� V• ��i.
11eSt
'I'�le j�1t1�I"12r', SEV101d �TZiCtl�d'1 �� 1.S 2'�jJY�E?SP11�1T� �'le
hcaneowriex, R�obert McKay, in r�equesting a variai�oe to reduoe the front yard
setbacJc f�can 35 feet to 29.5 feet to allaw the construction of an
additional garage on Iat 6, Block 5, InnsbrucJc lst Addition, the same being
5218 Matterhorn Drive N.E.
Site
Loc,ated on the prapexty is a single family split-level home with a tucJc-
��' ��' 9�9e• '� p�sty is zoned R-1, Single Family DwoPlling,
as are the propexties to the north, sauth, east, and w�est.
Analysis
Section 205.07.03.D.(1) of the Fridley City Code requires frorit yard
setbacJc of 35 feet.
Public purpo�.,e seryed bj, t�+i c��nt is to allow for off-street
P�'� Wlthaut encroaching on the public right-of-way and also for
aesthetic consideration to reduoe the building "line of sight" encroarhment
into the neighbor's front yard.
The petitionex is pY��osing to oonstruct a 14.5 ft. by 24 ft. yarage in
front of the existinq garaqe, �hys wo�ld� in effect, nake the garage
dauble deep to provide additional roo�n for additional cars. i�ile the lot
does have a severe change in tq�ography which el i m i na�; � p�ial for
a detached garage to be oonstructed in the rear yard, there is adequate
irocsn in the existing twd car garage ar�d on the driveway to prwide irocen
for � to faur cars.
'Ihe petitionPx has reasonable use of the prcyperty with the existing two
�' 9arage as rac�' i'' ed bY oale .�e petitioner ca.tld oonstruct a 9 foot
wide addition. Z3�ere is still 45 feet betw�een the garage and the public
right-of-way. Zhe lat does nat present a unique t�ar,��,;p which wauld
justify approval of the va'rianoe.
: �
Staff Report
VAR #91-09, 5218 Mattexizorn Drive
Page 3
Reoonmiesidation
Sirioe the petitioner has reasonable use of the praperty with the existin�l
9araqe, staff reoo�ds that the Appeals C7a�emission reoo�mend to the City
Qamcil clenial of the request to reduoe the front yard setback from 35 feet
to 29.5 feet.
�s c�c�nnnission Action
Zhe Appeals Doa�anission voted unanimausly to reoo�ner�d denial of the request
to the City �i.l •
City Ca�.iricil Reco�mnendation
Staff r�eoo�m�ex�ds that the Crnuzcil �' with the Appeals C7oa�anission
action.
8E
VAR �i91-09
Veviola Construction
` Scale 1 iach ' 40 fe
Exz�r oF i�il�rrnc�h ��� �ual�oa �C.�9 Co%.�l�1.4�P/.. z.�
�d � LOT 6, gLOCK 5, INN53RUCK 15T pDDITION .
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`°' c�cno}es iron mo�umen�
Th�S Su�vey was made an� a cer��ttca�e Prc� arcc sor
for �!�e aurPose of show�n ' boundar�cs of }ie ioT and �:�;iTy c�scm�nis.
There a�c no encroachrnen�s.
� ERTiFICATE OF SURVEY
sF
�
SITE PLAN
VAR �i91-09
Seviola Construction
�.AST �� vA �'� o N ' 8,� ap
�
8G ELEVATION
Cl'iR OF FRIDLEY
6431 L�JIVEiZSIi'Y AVH�tJE N.E.
FRIDLEY, I�T 55432
(612) 571-3450
•� ii in i� � _ - • � ii =:� � _.� _ •ii = 1
_�+_� �= __��_ � �! ���
Pi�DP�'Y II�iTIaI�T - site plan requ,ired far sui�mittals: see attac3�ed �
Addr�s.s: S Z.1 g 1MA. � N.. n� '� �Z
Iega1 des�ription:
� B1ock � �Yact/1�cldition JivSt�oc.�G / S�/.,�,G�ijv,.�
�rrer�t zatzlrig at.��D ���e i To �o�,r-p —
Reaso�z far vari.aryoe at�d hardship: _�1 s�«i6 �4�.s[� To� �r� r
C�Cl�.�,., ��+e.f%�b i�v Z�rJra s�ti«z of GitY . •1�-� . r� 1 r�,i.; l i 1
� t� �- �� r
..r ...�. ���'_________.- i� k' C�r� �-[� �j .It�. ` � �� ��� �.�°',�,:_: �_.� r_.t'��_,(J M `"t 1�: . .
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(LOd'1tY'dG"t pUl'C�]�dS@Y'S: I'�E OWl�LS 2RYSt S1C�'1 �115 fOTID j�'1G�' t'+O j�00eSS1I'ICf�
N�ME T�r1 �.T2 _ 1� Y_ � w �� A._ •
�ss �'?�l � - PV 1 A-�'�a. { �e�.�_ � �Z
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Fee: sioo.00
S 60•00 for resi�ial propexties
Piezmit VAR � �� �� �
ApQlicatioan raoeived by:
'' =• =• ' �• =- •. �� �� . . . -
Sc3ieduled C'lty Oa�cil date: "
�
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.,.... r............. �. _ _........... _...
- 8 H ____....__
5194 Matterhorn Drive
Minneapolis, Minnesota 55421
May 13, 1991
Diane Savage, Chairperson
Appeals Commission
Fridley Community Development Department
Fridley, MN 55432
Dear Diane Savage,
As neighbors of Robert P. McKay, we support his request for
consideration of a variance so he can construct a larger
garage on his property.
Sincerely,
.���-�� ��- � � r� �d'Z.
�/������ f� ,�G� �o �
Rolan E. Anderson
Muriel E. Anderson
�
CITY OF FRIDLEY
APP8AL8 CO1�IIrtI88ION l�$TING, �IAY 14, 1991
���►�N�YS.Ur��Yti�►� w�Y���yy.►yy.►�►y�y�YA��4��.Y�Y�wNIN1��Y�►�N��M�YM.YM�ID�NM��1►�My��N
CALL TO ORDER•
Chairperson Savage called the May 14, 1991, meetinq to order at
7:30 p.m.
ROLL CALL:
Members Present: Diane Savage, Larry Kuechle, Ken Vos,
Cathy Smith
Members Absent: Carol Beaulieu
Others Present: Michele McPherson, Planning Assistant
Robert and Nancy McKay, 5218 Matterhorn Drive
John Seviola, Seviola Construction
Mark Hillstrom, 570 Ironton Street N.E.
�1PPROVAL OF APRIL 16 1991 APPEALS COMMISSION MINUTES.
MOTION by Ms. Smith, seconded by Mr. Ruechle, to approve the April
16, 1991, Appeals Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPBR80N SAPAGE DBCLARED THE
MOTION CARRIED IINANIMOIISLY.
1.
•►11V1� v�.aar �r -
Per Section 205.07.03.D. i) of the �ridley City Code, to
reduce the front yard setback from 35 feet to 29.5 feet, to
allow the construction of a garage addition in front of the
existing garage, on Lot 6, Block 5, Innsbruck lst Addition,
the same being 5218 Matterhorn Drive.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTINQ AYE, CSAIRPERSON SADA(3E DECLARED
THE MOTION CARRIED AND THE PQBLIC HEARING OPEN AT 7:31 P.M.
Ms. McPherson stated this property is located on Matterhorn
Drive, just north of the Columbia Heights/Fridley border.
The property is zoned R-1, Single Family Dwelling, as are the
properties surrounding it.
��
�
APPEALS COMMISSION KEBTING IdAY 14 1991 PAGE 2
Ms. McPherson stated the proposed request is to construct a
14 1/2 ft. by 24 ft. garage addition in front of the existing
garage for storaqe of additional cars. The�single family
dwelling unit currently has a tuck-under qarage. The
topography of the lot is such that it prevents construction
of a detached accessory buildinq in the rear yard. The only
access to such a structure would be along the south property
line, and the topography is such that it would prevent access
to the accessory building without considerable expense to the
petitioner.
Ms. McPherson stated the petitioner does have reasonable use
of the property without the proposed addition. The petitioner
could construct a garage addition of 9 feet wide and still
meet the code requirements. There is adequate area to store
additional cars in the front yard. There is a very wide
public right-of-way from Matterhorn Drive, so there is an
additional 16 foot boulevard from where the pavement of the
road ends to where the property line begins for this
particular lot. The lot itself does not present any unique
hardship which would justify approval of the variance.
Therefore, staff recommends that the Appeals Commission
recommend to the Council denial of the variance request.
OM TION by Ms. Smith, seconded by Mr. Kuechle, to receive into
the record a letter from Rolan and Muriel Anderson, 5194�
Matterhorn Drive, stating they have no objection to the
variance.
IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPSRSON SAVA(�E DECLARED
THE MOTION CARRIED DNANIMOUSLY.
Mr. Robert McKay stated that he can come out 10 feet without
a variance. That gives him more storage, but cars are
approximately 16 feet long, and he would not have the length
to store 3-4 cars. He wants to keep his cars stored inside
to keep them from being vandalized.
Mr. Kuechle asked if it was possible to expand the garage to
the rear of the existing garage. �
Mr. McKay stated that behind the garage is the reverse of a
walk-out. The backyard goes up from the basement window to
a very high point. They would have to go in and dig out a
hole in the backyard, and the whole addition would be under-
ground. There are also mature oak trees in the backyard.
Mr. Seviola stated they would have to take out the back wall
of the garage, excavate at least 14-16 feet of dirt out of
the backyard, and they would have to put in block walls. It
would escalate the cost of the construction three to four
times.
8K
�PPEALS COIdMI88ION KE$TING. IrIAY 14. 1991 PAaB 3
Dr. Vos stated another suqgestion would be to add lo feet on
the front and 5 1/2 feet off the back.
Mr. Seviola stated that would still increase the construction
costs considerably. He stated they are only requestinq a
variance of 5 1/2 fe�t. The appearance of the house will not
be chanqed at all.
Mr. McKay stated the way the addition is designed, the peak
of the house to the left would be matched with the peak on
the new qarage. It would be architecturally sound and the
house will actually look better.
Mr. McKay stated that they are seeinq more and more vandalism
in their neighborhood. He stated he likes to have his things
stored inside. Automobiles are too expensive to store
outside. His property is well maintained with a security
system.
Mr. McKay stated that hardships are different for different
people. From his viewpoint, the cost of sutomobiles and the
maintaining and repair of automobiles, particularly in
Minnesota, is a hardship. If he had a flat lot, there would
be no problem; but the only way he could add on the back would
be to dig out the back yard at a substantial additional cost.
He would not be before the Commission if it was feasible to
do that.
OT ON by Dr. Vos, seconded by Mr. Ruechle, to close the
public hearing.
IIPON A VOICE VOTE, CHAIRPER80N BAPAQE DECLARED THE 1�[OTION
CARRIBD AND THg pQHLIC HSARING CLOSED AT 8:00 P.M.
Ms. Smith stated it certainly made more sense to construct
the addition on the front than off the back. The addition
would not infringe on the site lines. However, she is
reluctant to set a precedent for expanding garages, and she
did not want to see them get into the habit of giving
variances.
Ms. Savage stated that she is sure that the majority of the
people in Fridley have the same need for more garage space.
Most garages will not accommodate four cars. She did not see
a hardship, and she also is concerned about setting a
precedent for the expansion of qarages. Even 1 foot sets a
precedent. She would vote against the variance request.
Mr. Ruechle stated he is also inclined to vote against the
variance. There is another option, even though that option
is inconvenient and more expensive. He aqreed with Ms. Savaqe
8L
APPEALS COMMZSSION MEETING, MAY 14. 1991 PAGE_4
2•
that there are probably very few homes in Fridley that
couldn't use more garage space. If they allow one person to
expand, then they have to allow everyone to expand.
Dr. Vos stated he realized that the option of expanding to
the rear is somewhat of a hardship; however, it is an economic
hardship, and they cannot accept economic hardships as a valid
reason for granting a variance.
Ms. Smith stated she just did not see going from a two car
garage to a four car garage as a hardship.
O O by Ms. Smith, seconded by Mr. Kuechle, to recommend to
City Council denial of variance request, VAR #91-09, by
Seviola Construction Company representing Robert P. McKay,
per Section 205.07.03.D.(1) of the Fridley City Code, to
reduce the front yard setback from 35 feet to 29.5 feet, to
allow the construction of a garage addition in front of the
existing garage, on Lot 6, Block 5, Innsbruck lst Addition,
the same being 5218 Matterhorn Drive.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED IINANIMOIIBLY.
Ms. McPherson stated this item will go to City Council on June
3, 1991. �
KLISMITH•
Per Section 205.04.06.A.(7)
increase the height of a e
front yard (4 foot fence o
8, 9, 10 , Block 3, Spring B
River Road.
MOTION by Mr. Kuechle, s
hearing.
0
of the Fridley City Code, to
nce from 4 feet to 7 feet in the
top of a 3 foot berm), on Lots 7,
ok Park, the same being 7905 East
IIPON A VOICE VOTE, CBAIRP1:RSC
CARRIBD AND THE PQBLIC HEARING
The petitioner was not present.
by Dr. Vos, to open the public
SAVAGI3 DECLARED THE MOTION
'EN AT 8:10 P.M.
MOTION by Ms. Smith, seconded by r. Ruechle, to close the
public hearing and table VAR #91-1 until the next meeting.
DPON A VOICE VOTB� CHAIRPERSON SA
CARRIED AND THE PIIBLIC HEARING CLOS
�•l l.l
E DECLARED THE MOTION
AT 8:12 P.M.
� Q
�
.
DATE:
TO:
FROM:
SOBJECTS
Community Development Department
G DIVISION
� City of Fridley
May 30, 19�91 ,� ,
William Burns, City Manager ,�� ^1 +
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Variance Request, VAR #91-11, by Mark Hillstrom
Attached please find the above referenced staff report. The
Appeals Commission voted unanimously to recommend approval of the
variance request to reduce the required front yard setback from 35
feet to 25 feet to correct the existing nonconforming conditions.
The Appeals Commission also voted unanimously to recommend to the
City Council approval of a further variance to 21 feet if the
petitioner's water problem could not be solved by regrading the
property, with the following stipulation:
l. The petitioner shall provide a hard surface driveway by
June 1, 1992.
Staff has determined that while regrading the property would
alleviate the petitioner's water problem, it would not totally
ensure that water would not enter his house. Regrading will need
to occur if the proposed foyer is constructed.
Staff recommends that the Council concur with the Appeals
Commission action to bring the property into conformance and to
deny the request to reduce the front yard setback from 35 feet to
21 feet.
MM:ls
M-91-371
❑
�
� STAFF REPORT
APPEALS DATE �Y 14, 1991
C�TY OF PLAf�VING CON�WWSSION DATE
f RIDLEY CITY COU�GL DATE J� 3, 1991 AUTHOR ��
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SiTE DATA
SIZE
OENSITY
PRESENT ZONING
ADJACENT LAND USES
& ZONING
UT1LffIES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPUCATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
COMPATIBILITY WITH
ADJACENT USES 8� ZONNG
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATIO�
PLANNING COMMISSION
RECOMMENDATION
VAR #91-11
Mark Hillstran
Zb reduoe the front yard setback frcm 35 feet to 21 feet.
570 Ironton Street N.E.
5,500 sq. ft.; 13� lot ooverage
R-1, Single Family Dwelling
R-1, Single Family Dwelling, to the N, S, E, and W
Yes
Denial
� � Approval with stipulation
' VAR �P 9 1-1 I
Mark Hillstrom
ar LOCATION MAP
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Staff Report
VAR #91-11, 570 Ironton Street N.E.
Page 2
A. STATED HARD6FIIP:
"Slape of larid causes water to drain irito both doors. (No elevated
y��.�n
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R est
Zl�e petitioner is requestir�g a varianoe to reciuoe the fznr►t yaYd setback
frwn 35 feet to 21 feet on I�ts 43 and 44, B1ocJt "G", Rivervie�a Heic�ts
Addition, the s�me beirig 570 Ironton Street N.E.
The petitioner is pr�,�osing to oonstnict a 4 ft. by 4 ft. fayer and an
attached carport in the side yard.
Site
Lor.ated on the praperty is a single family clw�elling unit with no garage.
The pro�erty is zoned R-1, Single Family Dwelling, as are all adjacent
Properties.
�nalysis
Section 205.07.03.D.(1) of the Fridley City Code requires frorit yard
setbacJc of 35 feet.
Public pur��ose se,YVed by this r�equir�ment is to allvw for off-street
parlcing withaut encroaching on the public right-of-way and also for
aesthetic consideration to reduoe the bui.lding "line of sight" encroachment
into the neighUor's firont yard.
The petitionex is requesting the variance in order to oonstruct a 4 ft.
by 4 ft. fayer at the front of the hause. The petitioner's lot curreritly
slopes froan east to we.st and, as the water flaws across the PropertY� water
enters the hau�se thro�x3h the front door. 'Ihe petitioner praposes to
construct the foyer in order to alleviate the drainage problem he is
currently expexiencing. �e same drainage problem oauld be solved by
regradirig the area in the front of the haase to direc.�t water away frwn the
hause tauran3 the street arid then towa�l the we.st. The alternative may be
si�ler ar�d less expensive for the petitioner arid w�ld a�q�lish the same
goal.
Zhe prq�osed addition would not affect the parking situatian for the
petitioner.
�
Staff Report
VAR #91-11, 570 Ironton Stx�eet N.E.
Page 3
Rec�cnendation
Staff reo�s that the Appeals (7o�¢nission reooataner�d to the City �il
denial of the request to reciuoe the front yard setback fraan 35 feet to 21
feet. If the Qo[enissiari c�ooses to reo�nesxi approval of the request.
staff rec�� the followiryg stipulation:
1. The petitioner shall provide a hard surface driveway by June
1, 1992.
A,�peals �anission Action
The Appeals �snission voted unanimau.sly to r�e�xyd to the �il
approval of a varianc�e to z�educ�e the front yard setbacJc frc�m 35 feet to
25 feet to vorrect the existing corxlition. Zhe Appeals Oce�rtnission also
voted to reca�anerx3 to tY� �ouricil approval of a further varianoe to 21 feet
if it is determi.ned that the prablem cannot be solved by regrading the
P�Y •
Staff Update
The Assistant Public Works Director revie�red the case per the Appeals
C�mnission's direction, ar�d he detennined that the petitioner's problem
oould be solved by regrading the front yard. Haw�ver, he also indicated
that this solution may not totally ensure that water would not enter the
hau��e. A swale wr�uld rieed to be created to direc�t water to flvw in a
northwesterly direction across the petitioner's yard. R�gradirg will iieed
to oocur if the fayer is constructed to ensure that water is direct.ed away
fr�► the hau.se.
City Cauncil Recoa�m�erxlation
Staff reo��ds that the Qouncil voncur with the Appeals �nnission action
to britig the property into oonforn�ance aryd to deny the request to reduce
the frorit yard setbacJc froan 35 feet to 21 feet.
$S
VAR 4� 9 1-1 1
Mark Hillstrom
�it�e �r��ur�r�ce �Con��a��p of �t��e�ota�
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'he plat above shown indicates correctly t''., ize and location of the improve-
:nts on premises herein insured; also th buildinga now located on premises in
�estion are entirely within the lot lines and the buildings on adjoining prem-
�es do not encroach on the premises herein insured.°
�thing herei�i contained shall be construed as extending or changing the effective date of said
icy, unless otherwise expressly stated.
ds Rider sha11 not be valid or binding unril countersigned by either an Assistant Vice President,
astant Secretary, Title Officer or Validaring Officer.
�ned and seale�i this ,� �� day o f �� ��- � l9 5��
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�itie �nguraace �ompattp of �Cintte�cota
By .
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VAR 4i9 1-1 1
Mark Hillstrom
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Cl'I'Y OF FRIDI�Y
6431 @IIVERSITY AVEI�IIJE N.E.
FRID�£Y� l�i 55432 �ity D�v�lo�le�t Dep�p�t
(612) 571-3450
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Permit VAR � � � � � ; ReoeiP't # �rj �J �1 �O
Application reoeived by:
Scheduled Appeals Oamnission date:
Sci�eduled City Oo�u�cil dat�e:
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APPEALS COI�IIggION K88TING, Ml�Y 14. 1991 PAGE 6
would have to start at the front of the existing house. The
carport as proposed is in line with the proposed foyer.
Mr. Mark Hillstrom stated that instead of a hard surface
driveway, he would like to put in rock as he thouqht it would
help with the drainage. He did not think a hard surface
driveway would help the drainaqe problems.
Ms. McPherson stated an acceptable alternative miqht be brick
paving blocks. That would allow the water to flow �hrough the
blocks.
Mr. Kuechle asked what Mr. Hillstrom thouqht about the
possibility of reqrading the property to divert the water away
from the house.
Mr. Hillstrom stated he did not think reqradinq would work
very well because of the way the property slopes from the
north .
Ms. Savage stated that Mr. Hillstrom certainly does have a
problem. She asked if it is possible for someone in the City
Engineering Department to visit the site and see what
alternatives there are for correcting the drainage problem.
Ms. McPherson stated that might be possible.
Dr. Vos stated his main concern is that the petitioner
believes that the only way to solve the problem is by building
the foyer.
Mr. Kuechle stated he did not see adding the foyer as an
answer to Mr. iiillstrom's drainage problems. Something needs
to be done with the drainage flow.
Dr. Vos stated that the foyer is basically an air lock,
because the petitioner will have two entrances to his house,
first into the foyer, and then into the main dwelling unit.
He believed the Code says a foyer can encroach into the front
yard without a variance.
Mr. McPherson stated that Section 205.04.06.A.(3) states:
"Decks, unenclosed porches, canopies and steps to building
entrances may extend not more than ten feet into any required
front or rear yard setback and not more than three feet into
any required side yard, provided they do not extend nearer
than five feet to any lot line."
OTION by Dr. Vos, seconded by Mr. Kuechle, to close the
public hearing.
8 X
APPEALS COMMISSION MBBTING MAY 14 1991 PAG$ 7
IIPON A VOICE VOTB, CSAIRP$RBON SAVAGE DBCLARED T8$ 1tOTION
CARRIED l�ND TH$ PIIBLIC HgARING CLOSED AT 8:35 P.M.
Ms. Savage stated this is a difficult decision. She did not
want to continue the nonconformance by brinqinq the house even
closer to the street, even thouqh the foyer could improve the
appearance of the �home and solve the drainage problem.
However, she would like see if there are any alternatives for
solving the drainage problem, other than the foyer. It is
obvious something needs to be done; and if there is not a
reasonable alternative, then she would be in favor of granting
the variance.
Or. Vos stated he realizes that the petitioner's house is
already in nonconformance, and he is not opposed to
encroaching 4 more feet into the nonconformance, just because
of the location and the kind of hardship he saw from the road
on that front door. He did not believe the drainage is going
to be solved by diqging a hole. He would vote in favor of
having the petitioner look at a foyer as one of his solutions
for the drainage problem. If, between now and the Council
meeting, the petitioner decides that he can do it by regrading
and not building the foyer, then he can just ask for the
variance for the carport.
Ms. Smith agreed. She stated she did see a hardship with this
drainage problem. She believed that qranting the variance for
the foyer will improve the property, especially with the
stipulation for a hard surface driveway.
Mr. Kuechle stated he would recommend approval of a front yard
variance from 35 feet to 25 feet to bring the house into
conformance. However, he would be in favor of approving the
front yard variance from 35 feet to 21 feet for the foyer if
a drainage solution is not possible with regrading.
MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend to
City Council approval of variance request, VAR #91-11, by Mark
Hillstrom, per Section 205.07.03.D.(1) of the Fridley City
Code, to reduce the front yard setback from 35 feet to 25 feet
to bring the existing property into conformance with City
Code.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVA(3E DECLARED
THE MOTION CARRIED IINANIlrIOIISLY.
�ION by Mr. Kuechle, seconded by Dr. Vos, to recommend to
City Council approval of variance request, VAR �91-11, by Mark
Hillstrom, per Section 205.07.03.D.(1) of the Fridley City
Code to reduce the front yard setback from 35 feet to 21 feet
to correct the water drainage problems if it is determined
8Y
APP$ALS COMMI88ION M$BTING. MAY 14, 1991 PAGE 8
that the drainage problem cannot be corrected by regrading,
with the following stipulation:
1. The petitioner shall provide a hard surface driveway
by June 1, 1992.
IIPON A VOICE VOTE, 11LL VOTING AYE, CHAIRPSRSON BAVAGg D$CLARBD
THE MOTZON Cl1RRIED QNANZIrIOQBLY.
ADJOLTRNMENT •
OTION by Ms. Smith, seconded by Mr. Kuechle, to adjourn the
meeting. Upon a voice vote, Chairperson Savage declared the May
14, 1991, Appeals Commission meeting adjourned at 8:55 p.m.
Respectfully submitted,
Ly Saba
Recording Secretary
8 Z
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�
.
DATE:
TO:
FROM:
SUBJECT:
Request
Community Development Department
P G DrvTSiorr
City of Fridley
May 31, 1991
William Burns, City Manager,�'
�
� �
Barbara Dacy, Community Development Director
Request to Re-Issue Special Use Permit for a
New Tenant, SP #89-08, at 7570 Highway 65 N.E.
Samir Awaijane is requesting that
use permit, SP #89-08, to allow a
N.E. (see attached letter).
Background
the City Council re-issue special
repair garage at 7570 Highway 65
On February 26, 1990, the Fridley City Council approved special use
permit, SP #89-08, for Keith's Auto Body, to allow a repair garage
subject to seven stipulations. Stipulation #1 stated that the
special use permit is limited to Keith's Auto Body, and is not
transferrable to another tenant without City Council approval. The
petitioner, as of May 29, 1991, has become one of the owners of
the partnership which own the site. Keith's Auto Body will not be
occupying the tenant space as of June 1, 1991. (Because of the
involvement of the new partner, unpaid taxes in the amount of
$26,414.85 have now been paid).
Stinulations for Approval
The City Council may recall that the property had several code
requirements, both indoor and outdoor, to be met in order to bring
the property into compliance with current code. One of the most
important items was to connect the buildings to sanitary sewer
(stipulation #3). Both buildings were connected to the sanitary
sewer on October 15, 1990, and the SAC charges of $1,200 was paid
to the City.
Another stipulation required an annual review by staff with a
report to the City Council (stipulation #2). Mike Thompson, one
of the owners in the partnership, advised me that Keith's Auto Body
would no longer be occupying the tenant space and the resulting
lack of income was hampering Thompson's ability to meet the other
Re-Issue SP #89-08
May 31, 1991
Page 2
stipulations. Awaijane's tenancy and participation in the
partnership, however, will help bring the property into compliance.
Stipulation #4 required building code improvements as outlined in
Darrel Clark's letter of August 30, 1989 to be completed by January
1, 1991. This stipulation has not been met. The new petitioner
has stated that the requirements for his building can be met
immediately and the remaining building will also be brought into
compliance.
Stipulation #5 required that the dropped trailers that were stored
in front of the building be removed, or a special use permit for
exterior storage issued to the property owners. The property
owners have removed these dropped trailers from the property.
Stipulation #6 required a screened storage area for the vehicles
awaiting to be repaired. It was to be completed within one month
of the connection to the sanitary sewer. This stipulation has also
not been met but again the new tenant has a specific proposal to
complete this stipulation. The petitioner has indicated that he
would like the ability to have a gravel surface for the wrecked
vehicles. The petitioner is concerned that moving the vehicles in
and out of this area will cause damage to a bituminous surface.
He would also like to use this area for a small detention area.
The Engineering Department has advised that the gravel area be six
inches to one foot below the bituminous surface in order to promote
proper drainage. Given the small size of the storage area and its
location on the property, a gravel surface in this area is
acceptable: The storage area is also proposed to be screened by
an eight foot wood fence.
Stipulation #7 required that the parking lot be hardsurfaced,
striped, lined with concrete curb, and landscaping installed as per
the staff recommended plan by January 1, 1992. The new petitioner
indicate that he will comply with this requirement this summer;
however, he will be applying for a variance request to reduce the
front yard setback from 20 feet to 10 feet in order to allow for
more parking area and also to waive the concrete curbing
requirement at the rear of the lot to facilitate drainage from the
rear portion of the property. The petitioner does not want to
install the concrete curbing along the north side of the property
to the rear of the easterly building and along the proposed gravel
area. We advised the petitioner that the Appeals Commission would
have to make a recommendation on these variances before final
action by the City Council•. These issues are separate from the
special use permit issue.
. .
Re-Issue SP #89-08
May 31, 1991
Page 3
Analysis
The new petitioner understands the requirements of completing the
parking lot improvements, constructing the storage fence, and
meeting the building code improvements. The petitioner operates
an existing auto body repair business at 2555 California Street
N.E. Mr. Awaijane also lives in Fridley at 5096 Hughes Avenue N.E.
Recommendation
Staff recommends that the City Council re-issue special use permit,
SP #89-08, to Samir Awaijane with the following stipulations:
1. The special use permit shall be limited to Samir Awaijane,
and is not transferrable to another tenant without City
Council approval.
2. The special use permit shall be reviewed on an annual basis
by staff with a report to the City Council. Should a hearing
by the City Council be necessary due to lack of compliance by
the petitioner, the item shall be scheduled for City Council
consideration as soon as possible.
3. The building code improvements outlined in Darrel Clark's
letter of August 30, 1989 shall be completed for the building
at the rear of the property by July 15, 1991 and for the
remaining building by September 1, 1991.
4. The storage area for the auto body outdoor storage must be
screened in compliance with the petitioner's submitted site
plan which includes an eight foot wood fence enclosing the
storage area. The storage area for the wrecked vehicles may
contain a gravel surface. The storage area screening shall
be completed by August 1, 1991.
5. The parking lot shall be hardsurfaced, striped, lined with
concrete curb, and landscaping installed as per the staff
recommended plan by January 1, 1992, unless the City Council,
via a variance request, approves an alternate plan.
BD/dn
M-91-383
. �
rsay 3i, i99i
Mayor and Councilmembers
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
Dear Mayor and Councilmembers:
I want to take a moment of your time to introduce myself and my family
to you. My name is Samir Awaijane. I, along with my wife, Mindy, and
our son, Alexander, have lived at 5096 Hughes for the past seven years.
We are expecting our second child in early July. We enjoy living in
Fridley and plan to do so for a very long time.
I am a body shop owner and am currently selling my business located at
2555 California Street NE, Minneapolis. I have become a partner in the
7570 Corporation which owns the property located at that address on
Highway 65 in our City. I am in the process of remodeling the back
building there and hope to occupy the body shop on July 1, 1991. I
am aware of past promises that have not been kept for various reasons
with reference to our property at 7570 Highway 65 and want you, the
City Council, to know that my partners and I will be bringing this
property up to code in a very short time.
Yours Truly,
/'L^-�-- i�'�'t �� / Z %
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Samir Awaijane
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Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
TO: Barb Dacy, Community Development Director PW91-156
FROM: Mark A. Winson, Asst. Public Works Director/y�'�%
DATE: May 28, 1991
SUBJECT: Grading and Drainage at 7570 Highway 65
I have completed a site visit at the above referenced location to
review the proposed plan for new paving and curb and gutter at this
site.
Generally, the drainage on the east side of the east building will
go to the service drive along Highway 65. Drainage in the back
portion of the lot appears to travel to the southwest corner of
the lot where the proposed body shop will be having their damaged
auto storage. Currently, this back section of the lot is gravel
and there is not a great deal of runoff. Should the proposed body
shop receive a variance to not curb and gutter the southwest corner
of the lot and maintain an unpaved (gravel) area in the southwest
corner for damaged auto storage, I would recommend that this
damaged auto storage area be depressed approximately 6 inches to
1 foot in order to act as a small detention area and allow for some
infiltration of rainfall into the ground. This would, to some
extent, mitigate the increased runoff that will be generated by
paving the rest of the back part of the lot. The drainage from the
southwest corner does go on to a currently vacant lot just north
of the trailer court.
MAw/ts
9E
�_.__
•
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CITYOF
FRIDLEY
CIVIC CENTER • 6�1� 1 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
CITY COUNCIL
ACTION TAKEN NOTICE
February 28, 1990
Keith's Auto Body
Keith Poppenhagen
7570 Highway 65 N.E.
Fridley, MN 55432
Dear Mr. Poppenhagen:
On February 26, 1990, the Fridley City Council approved your
request for a special use permit, SP #89-08, to allow a repair
garage at 7570 Highway 65 N.E., with the following stipulations:
1. The special use permit shall be limited to Keith's Auto Body,
and is not transferrable to another tenant without City
Council approval.
2. The special use permit shall be reviewed on an annual basis
by staff, with a report to the City Council. Should a hearing
by the City Council be necessary due to lack of compliance by
the petitioner, the item shall be scheduled for City Council
consideration as soon as possible.
3. The connection to City sewer shall be completed within four
months after provision of the sanitary sewer line to the
property.
4. The Building Code improvements outlined in Darrel Clark's
letter of August 30, 1989 shall be completed by January 1,
1991.
5. Trailers in front of the building shall be removed by July 1,
1990, or a special use permit for exterior storage must be
requested and approved prior to July l, 1990.
6. The storage area for the auto body outdooz storage must be
screened by a six foot opaque fence in compliance with the
City Code within one month of completion of the sanitary sewer
connection work on the property.
9F
Keith's Auto Body SUP
February 28, 1990
Page 2
7. The parking lot shall be hardsurfaced, striped, lined with
concrete curb, and landscaping installed as per the staff
recommended plan by January 1, 1992.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
Sin ely %�
,
, __
�
Ba ra acy
� Planning Coordinator
` BD/dn
Please review the noted stipulations, sign the statement below and
return one copy to the City of Fridley Planning Department by March
14, 1990.
._� L �L'�
� Co ur with action taken.
9G
�RZDLEY CITY COIII�ICZL I�EBTZNQ OF �EHRIIARY Z6. 1990 P�GE 7
. . �!
3.
KOTION by C cilman Schneider to waive the reading and adopt
Ordinanc o. 944 on second readinq and order publication.
Sec by Councilwoman Jorqenson. Upon a voice vote, all voting
e, Mayor Nee declared the motion carried unanimously.
�- • •' �� �� :�+. :.. � �
Ms. Dacy, Planning Coordinatcr, stated this property is located at
7570 Hiqhway 65 and zoned M-1. She etated there are two existing
buildings on this parcel that contain a variety of industrial uses.
Ms. Dacy stated the Council considered this request on Auqust 28,
1989 and tabled action until identification of the fee owner could
be established and staff was to work with the petitioner on some
code violations.
Ms. Dacy stated in working with the petitioner and City Attorney's
office, it has been determined that American Trustee Life Company
is the owner and they are tryinq to sell the property to a
partnership. She stated they have refused to sign this request,
however, the City Attorney recommends the City proceed on this
special use permit request because of its unique nature.
Ms. Dacy stated the Council has authorized the sewer improvement
project for this property which was the most significant code
violation.
Ms. Dacy stated it is recommended the special use permit be
approved with seven stipulations which she outlined.
Councilman Schneider asked what fmprovements were contained in
Darrel Clark's letter of August 30, 1989.
Ms. Dacy etated they basically involved handrails and some
electrical items.
Councilman Schneider asked Mr. Poppenhaqen if he understood all the
stipulations.
Mr. Poppenhagen stated he wa's not aware of the stipulations for the
front of the building.
Ms. Dacy stated these were outlined in a letter to Mike Thompson
and a copy could be furnished to Mr. Poppenhaqen.
9H
�TDL$Y CIT� OOIII�ICZL �LEE'1'Z1�iG OF 1►BBRIIl1R� Z6. 1990 ��G� 8
Mr. Herrick, City Attorney, asked if there are any new developments
in the purchase of this property.
Mr. Poppenhaqen stated he should know aore this week as they have
been waitinq for financing. 8e stated because there was no sewer
service, at this time, no one wanted to provide the financing,
however, he has approached his bank and should be obtaininq a loan.
Mr. Herrick stated the ownership of the property is not critical
because the special use permit is qiven to Mr. Poppenhagen as the
operator of the business.
Mr. Poppenhagen stated if he wished to sell his business, he would
like the special use permit to be transferrable.
Mr. Herrick stated the procedure would be for a potential buyer to
request a transfer and, at that stage, it is reviewed by the
Council. He stated a transfer would not automatically occur.
Mr. Poppenhagen stated he would feel more aomfortable if something
could be added to the effect that the apecial use permit is not
transferrable except by approval of the City Council.
Councilman Schneider stated he felt this wordinq could be added to
the stipulations.
MOTION by Councilman Schneider to qrant Special Use Permit,
SP �89-08, with the following stipulations: (1) The special use
penait shall be limited to Keith's Auto Body, and is not
transferable to another tenant without City Council approval; (2)
The special use permit shall be reviewed on an annual basis by
staff, with a report to the City Council. Should a hearing by the
City Council be necessary due to lack of compliance by the
petitioner, the item shall be scheduled for City Council
consideration as soon as possible; (3) The connection to City sewer
shall be completed within four months after provision of the
sanitary sewer line to the property; (4) The building code
improvements outlined in Darrel Clark's letter of Auqust 30, 1989
shall be completed by January 1, 1991; (5) Trailers in front of the
building shall be removed by July 1, 1990, or a special use permit
for exterior storage must be requested and approved prior to July
1, 1990; (6) The storage area for the auto body outdoor storage
must be screened by a six foot opaque fence in compliance with the
City Code within one month of completion of the sanitary sewer
connection work on the property; and (7) The parkinq lot shall be
hardsurfaced, striped, lined with concrete curb, and landscaping
installed as per the etaff recommended plan by January 1, 1992.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
91
� _
�
DATE:
TO:
FROM:
SUBJECT:
Community Development Department
G DIVISION
City of Fridley
May 30, 1991
�,.
William Burns, City Manager v��'
Barbara Dacy, Community Development Director
Darrel Clark, Chief Building Official
Letter to Innsbruck Townhome Owners Regarding
Fire/Draft Stops
At the May 20, 1991 meeting, the City Council requested that an
item be placed on the agenda to authorize a letter to be sent to
the five remaining Innsbruck townhome owners regarding the number
of fire/draft stops within their chimney chases. Attached is the
proposed letter. We recommend that the City Council authori2e us
to mail it on June 4, 1991.
The City Council should also be aware that an article for the Fall
Newsletter will be prepared about fireplace safety issues in
general, including fire/draft stops and wood burning appliances.
We will forward the article to the City Council prior to its
publication.
BD/dn
M-91-369
June 4, 1991 D R A F T L E T T E R
According to our records and after a field verification, it has
been determined that your townhome has an exterior chimney chase.
As you probably know by now, there has been a lot of discussion and
code research on how many fire stops are required in exterior
chimney chases.
In your townhome development there are five, six unit townhouses
for a total of 30 units. Each of the five structures have four
units with exterior chimney chases for a total of 20 units in all.
Our records indicate that 15 of the 20 units have had siding
replacement work done on them. During the repair it was determined
that most had no fire stops and some had only one. During the
repair of 14 of the 15 units, one fire stop was installed at the
first floor that the chase passed by.
The current interpretation for the number of fire stops for an
exterior chase is that one stop must be installed for each
floor/ceiling or ceiling that it passes by (this is for a new chase
only). We have now adopted a policy that if and when exterior
chimney chases are being repaired (opened up and restored) we will
strongly recommend that a code complying fire stop be installed for
each floor/ceiling that it passes by at the time your chimney is
being worked on. These fire stops do not prevent fires, they will
however slow the spread of a fire up the chimney chase if one
occurs.
Building permits are required for work done on chimney chases and
your cooperation in this matter will be appreciated.
If you or your contractor have any questions with reference to this
matter, please feel free to call me at 571-3450.
Sincerely,
DARREL G. CLARK
Chief Building Official
10q
MEMORANDUM
_ Muniapai Center
'_ 6431 University Avenue Northeast
Fridley, Minnesota 55432
G7YpF (612) 572-3507
FRlDLF'Y FAX: (612) 571-1287
William C. Hunt
Assistant to the City Manager
Mamo To: 1lilliam 11. Burns, City Maaaqer :�t •�
� ` �l-�
From: William C. Huat, l�ssistant to tbe City Manaqer/ `'
Btatf Parson for the Charter Commission
8ubject: Public 8earinq for Proposed Amendments to Section 2.05
ot tho Fridley City Cbarter
Date: May 24, 1991
At the May 6 meeting of the Fridley City Council a public hearing
was set for June 3, 1991 on proposed amendments to Section 2.05 of
the Fridley City Charter. Due to a mixup on my part the required
notices have not been published. Accordingly, I request that the
hearing be rescheduled to the Council meeting of July 22, 1991.
I request that you submit this to the Fridley City Council at it's
June 3, 1991 meeting for consideration.
WCH/ j b
oRn=rn�c$ xo .
�i ORDINANCE liMENDINa BECTION 2.05
OF THE FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as
follows:
That the followinq section of the Fridley City Charter be amended
as follows:
Section 2.05. VACANCIES IN THE COUNCIL.
1. A vacancy in the Council shall be deemed to exist in case of
the failure of any person elected thereto to qualify on or
before the date of the second regular meeting of the new
Council, or by reason of the death, resignation, removal from
office, removal from the City, removal of a ward councilmember
from that ward, continuous absence from the City for more than
three (3) months, or conviction of a felony, of any such
person whether before or after his qualification, or by reason
of the failure of any councilmember without good cause to
perform any of the duties of inembership in the Council for a
period of three (3) months. In each such case, the Council
shall by resolution declare �us# � vacancy to exist= a�
s�r�� e^ �u,._,;�ti. _
Tf a vacancv is declared to occur before Januarv 1 of the
fourth �ear of the term of office in westion the Counc�
sha call a special election to be held not less than €e��
�;�,� ���1 thirtv (301 days nor more than sixty (60) days from
the time such vacancy is declared. _. The Council_ shall
- - ,�. __ _..�e.,,.
in accordance with Section 4.06.
In the case of a special election to fill the vacancy, there
shall be no primary election. The candidate receiving the
largest number of votes shall be declared the winner. The
winner of said election shall be qualified and take office
immediately upon certification by the board of canvass and
shall fill the unexpired term. (Ref. Ord. 857, Ord,)
2. • .
}y1�M I � 1f1t'1e v�A �'A��}�}TM 1AA�f`1AYC� If the
�8 �rsce: ■ €�i��—�'4T�6a.avv�6 T- - ri. _ � t _ �.. ., .... '1 ., f �-1�► c
remainina members of the Council may, within thirtv (30,_ ) davs
of the vacancv declaration, by unanimous action, appoint
� � � i _ _' � 7 ���ir�wMl� � 1 Y71 CA ��'1A 1wAlMtilAtO'lt���A�'l. ` -' - �
11A
discretion of anpointment as needed but no special election
shall be called. A councilmember so appointed shall assume
office upon appointment �'h�-e�sla�e€ €����;�=•��,aies-�r
a�c��n��e�� s�a�� �ae as €e��aws�
�����s�� w��� �e �e--��e sea� �i��-t�o—���
�s�a i-r���q te� .
�°� '��=wase-��e�w#��s� vasa�s�-�e €��� �a�,a����
(Ref. Special Election 3/25/75, Ord. 776, Ord.„857, Qrd•
���
3. If at anv time the membership of the Council is reduced to
sna11 orcler such an election (Ref. Ord )
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TI�iIS
DAY OF , 1991.
SHIRLEY A. HAAPALA - CITY CLERK
WILLIAM J. NEE - MAYOR
11B
MEMORANDUM
_ Muniapal Center
'_ 6431 University Avenue Northeast
Fridley, Minnesota 55432
��� (612) 572-3507
FAX: (612) 571-1287
William C. Hunt
Assistant to the City Manager
A
� �.
1�[emo To: 1lilliam w. Burns, City �[anaqer �� ^'
��From: william C. Hunt, 7►ssistant to the City ldanaqer/ ��
8taff Person for the Charter Co�imission
suv j ect:
Date:
Public Haarinq ior Proposed Amendment to Bection 2.03 of
the Fridley City Cbarter
May 24, 1991
The original City Charter had the following provision relating to
ward boundaries in paragraph 7 of Section 2.03:
"The boundaries of the three wards shall be redetermined
from time to time by ordinances duly adopted by the
Council, and based on findings of the Council that the
wards as so redetermined are of as near equal size in
both population and area as practicable."
In 1983 the Fridley City Council passed Ordinance No. 776 which
restricted the population of any ward to a one percent deviation
from the average of the three wards. The concept of one person,
one vote was behind this change. However, the restriction of a one
percent deviation was far more rigorous that required by State or
Federal law.
At its May 20 meetinq the Charter Commission voted to expand that
percentage from one percent to three percent. The thinking was
that this would allow more leeway for lining up wards and using
natural boundaries or easily identifiable streets while still
observing restrictions required by state and federal law.
Because in the ordinary course of events the minutes of the May 20,
1991 me.ting would not be approved until September 30, 1991, the
Charter Commission voted to expedite presentation of this matter
to the City Council for consideration.
I am attaching a copy of the proposed ordinance amending the
Fridley City Charter, and I request that you submit it to the
Fridley City Council at its meeting of June 3, 1991 for the purpose
of setting a public hearinq on the proposed amendment for
July 22, 1991.
WCH/jb
ORDINANCE NO.
]�i ORDINl�NCE l�MENDING BECTION 2.03.07
OF T88 FRIDLBY CITY CBARTER
The City Council of the City of Fridley does hereby ordain as
follows: � '
That the following section of the Fridley City Charter be amended
as follows:
Section 2.03.07
7. The boundaries of the three (3) wards shall be redetermined
from time to time by ordinances duly adopted by the Council,
and based on the findings of the Council that the wards so
redetermined are such that the population of any ward shall
not deviate by more than eRe t re percent (� �$) from the
average of the three (3) wards. (Ref. Ord. 776)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
SHIRLEY A. HAAPALA - CITY CLERK
WILLIAM J. NEE - MAYOR
12A
Parks
Streets
Maintenance
MEMORANDUM
P� .
TO: William W. Burns, City Manager .��•'�� PW91-151
FROM: John G. Flora, Public Works Director
DATE: May 31, 1991
SUBJECT: Resolution to Approve Additional Expenditures
To the Budget and Approve the Transfer of Monies
The 1989 Capital Improvement Plan identified the 51st and East
River Road intersection and Commerce Lane from 73rd Avenue to
Osborne Road projects. These projects were not listed in the 1989
Budget approved by Council resolution. The City portion for
Commerce Lane was $91,905.60 and the 51st Way/East River Road
intersection was $66,868.54. The sanitary sewer line at 7570
Highway 65 was an addendum to the project with a final cost of
$13,018.52.
The total of these three projects is $171,792.66 and should be
transferred from the 1989 Street Capital Improvement Fund to the
1989 Street Fund (Special Assessment Fund) by the attached
resolution.
If you need additional information, please let me know.
JGF/ts
Attachment
13
� ��--
�, .
•
RESOLIITION NO. - 1991
RESOLIITION AIITHORIZING CHANGES IN
APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT
FIIND AND AIIT80RIZING THE TRANBFER OF FIINDS
FROM THE CAPITAL IMPROVEMENT FIIND, STREET
DIVISION, TO THE 1989 STREET FIIND
WBEREAB, the City of Fridley authorized expenditures for street
improvements in the 1989 5-Year Capital Improvement Program, and
WBEREAS, the expenditures were not included and approved in the
1989 Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley that the Budget of the following fund be amended as
follows:
CAPITAL IMPROVEMENT FIIND
PROJECT AREA: STREET
�tevenue Aajustments
Fund Balance . . . . . . . . . . . . $ 171,792.66
A�propriation Adjustments
Capital Outlay . . . . . . . . . . . $ 171,792.66
BE IT FIIRTHER RESOLVED, that the City Council of the City of
Fridley authorizes the transfer of funds from the Capital
Improvement Fund, Street Division, to the 1989 Street Fund in the
amount of $171,792.66.
PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS
3RD DAY OF JUNE, 1991.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
WILLIAM J. NEE - MAYOR
13A
August � a,
��
ffi:�7
1989
CAPtTAL IMPROVEMENT PROGRAM
COMBINED UST BY YEAR
� � --
.�r,nT, �.•., r,r�ic�
�..., , � � .��-�.�-R�1T STI�� =
AlE--
�'c LAKE POINTE SWALES AND-�EIRS-
INIE--
v REROUTE ONAN SANITARY LINE
q� REPLACE BROKEN SANITARY LINE
ECT-
, - BORNE
• • ER.
c FILTER PLANT CONTROL SYSTEM
� ,
• ERYL-�IR—
"' RESER:
.._. ..... ,,, ., �.���. -
WATER
STREETS
SEWER
STREETS
BLDG/LAND
STORM WATER
PARKS
SEWER
SEWER
SEWER
STORM WATER
STORM WATER
STREETS
STREETS
WATER
WATER
WATER
WATER
WATER
�- �
ASSESSMENT
ASSESSMENT
ASSESSMENT
ASSESSMENT
GENERAL CAPITAL FUND
HRA
PARKS
SEWER FUND
SEWER FUND
SEWER FUND
STORM WATER UTIL �
STORM WATER UTIL
STREET FUND
STREET FUND
WATER UTILITY
WATER UTILITY
WATER UTIUTY
WATER UTILiTY
WATER UTILITY
GRAND TOTAL FOR 1989
13B
240,000,00
240,000.00
75,000.00
150,000.00
90,000.00
10,000.00
4,000.00
7,000.00
15,000.00
20,000.00
5,000.00
26,000.00
150,000.00
100,000.00
40,000.00
60,000.00
40,000.00
160,000.00
100,000.00
r _ ✓ �,�,� �'�
� Ml�1lA7• ..�e�T.,� n� T�1�TLt�RY 22. 1990 PJ1GE 2
�RIDLEY C1z � VvVrb1L .�a�z++s"' "• -
. Blohm stated he was a member of the l�ccessibility Project
Co ' tee along with Jesse Ellinqworth, Tim Moriarty, Lonnie
Ronnin , and Jim Williams. Mr. Blohm stated he wished to recognize
the suppor nd assistance received from the City's Human Resources
Commission; m ers of the City staff, Bill Hunt, Steve Barq and
Mike Reiland; t volunteers; and Medtronic for the cover and
binding of this bo et. He extended thanks to all who had
contributed their time nd efforts and stated, without this
support, the booklet would t have been possible.
Mr. Blohm stated Fridley is the city to have such a booklet
and it would be distributed to such ces as the library, school
districts, Village Green, the hospital, dical clinics, the VFW
and American Legion.
The Council felt an excellent job was done prepar
and thanked Mr. Blohm for presenting it to them.
PUBLIC HEARING•
this booklet
�,
� ��
l, pUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO ST. 1989-1
� ISANITARY SEWER LINE - 7570 HIGHWAY 6
MOTZON by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:47 p.m.
Mr. Flora, Public Works Director, stated this improvement involves
the installation of a sanitary sewer line at 7570 Highway 65. He
stated a septic tank failed on this property in 1984 and, since
that time, the owners have been patching and pumping the sanitary
facility to keep it operating.
Mr. Flora stated the estimated cost for this improvement is
$18,227.50. He stated the property owner would be assessed at the
rate of $12.15 per lineal foot for a total of S8,444.25, with the
remaining cost borne by the sanitary sewer fund until such time as
the property is redeveloped and the cost with interest assessed
back to the property.
Mr. Flora stated notices were sent to all persons known to be
associated with this property and they were advised of the cost of
this project. He stated the improvement is necessary to provide
proper sanitary sewer facilities.
Councilman Schneider asked if all other commercial properties in
the area were serviced by sanitary sewers. Mr. Flora answered in
the affirmative.
No persons in the audience spoke
improvement.
13C
regarding this proposed
��.� {
�RIDLEY CITY COIII�ICZL I�ELTIIdG OF J71NII!►RY 22. 1990 P71GE 6
. AWARD BID FOR OPTICAL SCAN VOTING EOUIPMENT:
Mr. ribyl, Finance Director, stated staff appreciated the
Counci 's support for the optical scan voting equipment. He stated
it appe s that, without the County's support, Coon Rapids and
Blaine ma not be in favor of proceeding with the purchase of this
equipment. e stated it is hoped that the County would make a
decision in e next several days whether they will or will not
participate.
Mr. Pribyl requeste the Council
optical scan voting ipment at
upon a commitment from he other
MOTION by Councilman Fitzp rick
optical scan voting equipme ,
Agreement and participation
Seconded by Councilwoman Jorqens
consider a motion to purchase the
the low bid of $5,270 contingent
cities and Anoka County.
to authorize the purchase of the
contingent upon the Joint Powers
other cities and Anoka County.
Councilman Schneider stated he is an employee of Unisys who
submitted the bid for the equipment a, therefore, would abstain
from voting on the motion.
UPON A VOICE VOTE TAKEN ON THE ABOV MOTION, Councilman
Fitzpatrick, Councilwoman Jorgenson, Councilm Billings and Mayor
Nee voted in favor of the motion. Councilman neider abstained
from voting on the motion. Mayor Nee declared th motion carried.
11.
MOTION by Councilman Schneider to adopt Resoluticn No. 7- 90.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all vot' c
aye, Mayor Nee declared the motion carried unanimously.
12. RESOLUTION NO. 8-1990 ORDERING IMPROVEMENT AND APPROVAL OF
PLANS AND ORDERING COMPLETION OF STREET IMPROVEMENT PROJECT
NO. ST. 1989 - 1(SANITARY SEWER LINE):
MOTION by Councilman Schneider to adopt Resolution No. 8-1990.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
2.
0
MOTION by Councilman Schn '
Street Improvement Project No.
$18,227.50 for installation o
7570 Highway 65. Seconded by
vote, all voting aye, Mayor
unanimously.
0
to authorize Change Order No. 2 for
1989 - 1& 2 in the amount of
f a san sewer line to service
Councilman B s. Upon a voice
Nee declared the 'on carried
13D
Engineenng
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
��
TO: William W. Burns Cit Mana er,^ ',''s
� Y q a� PW91-145
FROM: John G. Flora V Public Works Director
DATE: May 30, 1991
SUBJECT: 6 Cities WMO Joint Powers Agreement
Based upon the 1990 Legislation, the 509 Law which established the
Watershed Management Organizations was amended mandating certain
changes be accomplished.
In reviewing the Joint Powers Agreement that established the 6
Cities WMO, there were a number of items that require updating in
order to be in compliance with the new statute. At the meeting of
the WMO on May 16, 1991, they passed a resolution requesting each
of the cities accept the mandated changes.
The changes are underlined, added or slashed as deleted items on
the attached Joint Powers Agreement. The changes include section
references, vacancy appointment procedure, consultant retention
notices, and majority of 2/3 of decisions.
I recommend the City Council receive these changes and approve the
suggested resolution so that the WMO may continue to operate under
the state mandates and the Joint Powers Agreement.
JGF/ts
14
,
•, �
•
RESOLIITION NO. - 1991
RESOLDTION ADOPTING THE AMBNDED JOINT POWERS
AQREEMENT FOR 6-CITIES WATERSHED MANAQEMENT
ORGANIBATION
WHEREAS, the Minnesota Legislature extensively amended legislation
during the 1990 legislative session relating to Watershed
Management Organizations; and
WHEREAS, said legislation requires an amendment to the Joint Pawers
Agreement creating the 6-Cities Watershed Management Organization;
and
WHEREAS, 6-Cities Watershed Management Organization has caused its
staff to prepare proposed revisions to the Joint Powers Agreement
to bring it into compliance with the statutory changes; and
WHEREAS, the City of Fridley's staff has reviewed these proposed
changes and recommend their approval.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Fridley that the Mayor and the City Clerk are authorized to and
directed to execute the Amended Joint Powers Agreement as
previously submitted.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
WILLIAM J. NEE - MAYOR
14A
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RESOLUTION - 1991-1
WAEREAS, said Legislation requires an amendment to the Joint
Powers Agreement creating 6-Cities Watershed Manag ement
Organization; and �.
WHEREAS, 6-Cities Watershed Management Organization ha's
caused its staff to prepare proposed revisions to the Joint
Powers Agreement to bring it into compliance with the statutory
changes; and
NOW THEREFORE, BE IT RESOLVED by the Members of the 6-Cities
Watershed Management Organization that the proposed Joint Powers
Agreement be and the same hereby is approved and that the
members recommend each of the member cities adopt this Amended
Joint Powers Agreement in its present form.
Adopted by the Six Cities Watershed Management Organization
the f�_/r day of �, 1991.
Attest:
/
� . �
I.��. _� ' �LL.L�
Recording Secretary
14C
cooperatively develo� a Water'shed Management Flan and a Capital
Improvement Program for the purposes of preserving and using
natural water storage and retention systems in order to (a)
reduce to the greatest practical extent the public capital
expenditures necessary to.�control excessive volumes and rates of
runoff; (b) improve water quality; (c} prevent flooding and
erosion from surface flows; (d) promote groundwater recharge;
(e) protect and enhance fish and wildlife habitat and water
recreationsl facilities; and (f) secure the other benefits
associated with the proper management of surface water.
1.2 Definitions: The following terms and words are defined
for use in this Agreement:
(a) City - a municipality which enters into this Agreement.
(b) Governing body - the elected officials of the City
entering into this AgzEement.
(c) Improvement - construction projects which are either
designed or affect the surface water flow and/or quality.
(d) Member - representative of a city appointed in
accordance with. this agreement to serve in the organization.
(e) Party - a city which executes and enters into this
Agreement.
(f) Shsll - is mandatory and not directory.
-2-
14E
SECTIO� II
SIX CITIES WATERSHED MANAGEMENT ORGANIZATION
2.1 Establishment:
(a) There is hereby established the "Six Cities Watershed
Management Organization" whose membership shall be appointed in
accordance witr the provisions of this section and whose duties
shall be to carry out the purposes contained herein.
(b) The Six Cities Watershed Management Organization shall
be the parent organization for the six subdistricts identified
as Coon Rapids West which includes Coon Rapids; Pleasure Creek
including Blaine an� Coon Rapid s; Spring Brook Creek including
Blaine, Coon Rapids, Fridley and Spring Lake Park; Stonybrook
Creek including Fridiey and Spring Lake Park; Oak Glen Creek
including Fridley and Spring Lake Park; and CFH South including
Columbia Heights, Fridley anc Hilltog as identified in Exhitit
"A"
•(c} The Grganization shall notify the Board of Water and
Soil Resources of inember apFointments and vaconcies in member
positions within thirty (3Q) days The governing body of each
party shall fill vacant po�itions by 90 days after the vacanc
occurs.
(c) The governing body of each party shall Fublish s notice
of vacancies resulting from exFirstion of inembers' terms and
other reasons. The notices must be published at least once in a
newspaper of general circulation in the Watershed Manage��ent
-3-
14F
Or54nization ares. The notices must state that persons
interested in being ap inted to serve on the Watershed
Management Organization may submit their names to the governing
body of each party for consideration. Published notice of the
vacancy must be given at least fifteen (15) d'ayS before an
appointment or reappointment is made.
(e) The governing body of each party may remove appointed
members of the Watershed Management Organization for just cause.
The Board of Water and Soil Resources shall adopt rules
prescribing standards and proced ures for removing members of
Watershed Management Orgnaization Boards for just cause.
(f) The Six Cities Watershed Management Organization,
hereinafter referred to as the "Organization", shall be
constituted as described in Section 2.2.
2.2 Membership ApFointment:
(a) The governing body of each party to this Ayreement
shall appoint one representative to serve as a member of the
Organization. Each member shall have one vote. Membership in
or representatives to the Organization shall be evidenced by
resolution of the governing body of each party, filed with the
Organization.
(b) The appointed member of the Organization sha�l also be
the designated member to the appropriate subdistrict.
2.3 Alternate Members: One alternate member to the
Organization shall be appointed by appropriate resolution of the
-4-
14G
�
governinc; boc;y of each party to this Agreement and filed with
the Organization. The alternate may attenc3 any meeting of the
Organization and, where the regular mEmber is absent, vote on
behalf of the party the member represents. If an Organization
member is also an officer of the organization, the alternate
shall not be entitled to serve as such officer.
2.4 Term: The members of the Crganization shall not have a
fixed term but shall serve at the pleasure of the governing body
of the party appointing such member to the Organization.
2.5 Vacancies: A vacancy in the Organization shall be
filled by the governing body of the party whose membership
pcsition in the Org�nization is vacant.
2.6 Compensation and Expenses: The Grganization members
shall not be entitled to compensation or reimbursement for
exgenses incurred in attending meetings, except to the extent
that the governing body of a party might determine to compensate
or reimburse the expenses of the menber it appoints, in which
case the obligation to make such payments shall be that of the
party and not that of the Crganization.
2.7 Officers: The organization shall elect from its
membership a chair, a vice-chair, a secretary and a treasurer
and such other officers as it dee��s necessary to reasonably
carry out the purposes of this Agreement. All such officers
shall hold office for a term of one year and until their
successors have been elected and qualified by the Organization.
-5-
14H
An officer may serve only while a member of tre Organizat:on and
may be re-elected to an office. A vacancy in an office 'shall be
filled from the membership of the Orgsnization by election for
the remainder of the unexpired term of such office.
2.8 uorum: A majority of all voting members to the
Organization shall constitute a quorum, but less than a quorum
may adjourn a scheduled meeting.
2.9 Meetings: Reg ul�r meetinqs of the Organization shall
-
be established by the Organization. Special meetings may be
held at the call of the chaiz or by any two members giving not
less than forty-eight (48) hours written notice of the time,
place and purpose of such meeting delivered or mailed to the
residence of each Organization member. Al1 meetings of the
Organization aze subject to Minnesota Statutes Section 471.705
and shall be conducted in accordance with Roberts Rules of
OrCer.
2.10 Org�nization Office: The office of the Organization
shall be determined by the Organization on an annual basis. All
notices to the Organization shall be deliverea or served at said
office.
SECTION III
POWERS AND DUTIES
3.1 Upon execution of this Agreement by the parties, the
Organization shall have the authority as follows:
-6-
141
A. The authority to prepare ana adopt a Water'shed
Management Plan meeting the requirements of Minnesota
Statutes Section �����7� 103B.231.
B. The authority to review and approve local.water
management plans.�as provided in Minnesota Statutes
Section �7���yg 103B.235.
C. The authority of a Watershed District under Minnesota
Statutes, Chapter XXZ 103D, to initiate and comFlete
capital improvement projects and regulate the use and
development of the land when issues cannot be resolved
at the subdistrict level.
D. Other powers necessary to exercise the authority under
clauses A through C including the power to enter into
controcts for the perfornance of functions witr,
governmental units or persons.
3.2 Subdistricts: (a) Each member of a subdistrict shsll
advise the other members within the subdistrict of any changes
to the Local Watershed I�ianagement Plan or changes in land use or
zoning involving more than one acre. Responses will be
submitted within ten (14i) days. Failure to respond shsll imply
approval.
(b) The members of the subdistricts shall attempt to
resolve any disputes involving the Watershed Management Plan.
If the issue cannot be resolved, it will be presented to the
Organization for decision in accordance with the provi'sions of
Section 3.6 of this Agreement.
-7-
14J
(ci Dis�uted changes invoiving woter'shed management is'sue's
shall not be consummated until the dispute is resolved.
3.3 Employr�ent: The Oryanization may contract for
services, may utilize existing staff of the parties, and may
employ such otY,er persons.as it deems necessary. The
Organization shall at least every two years solicit interest
proposals for legal, professional, or technical consultant
services before retaining the services of an attorney or
consultant or extending an Annual Services Agreement as provided
b Ninnesota Statutes Section 103B.227, Subd. 5. Where staff
services of a party are utilized, such services shall not red uce
the financial com�:itment of such �arty to the operating fund of
the Organization. Where the utilization of staff services is
substantial, such services shall reduce the financial commitment
of such party when the Organization so authorizes.
3.4 Committees: The Organization may appoint such
committees and sub-committees as it deems necessary.
3.5 Rules and Regulations: The Organization may prescribe
and promulgate such rules and regulations as it deems necessar�
or exFedient to carry out its duties and the purposes of this
Agreement.
3.6 Review and Recommendations: (a) Where the
Organization is authorized or requested to review, make
recommendations, and/or resolve on any matter, the Organization ,
shall act on such matter within seventy (76) days of receipt of
-8-
14K
�
the matter referred, unlESS the Organization requests and
receives from the referring party an extension of time to act on
the matter referred. If the matter involves works of
improvement projects, the Organization may establish a time
limit for resoiution to aliow for appropriate engineering review
and analysis.
(t) Where the Organization makes recommendations or
decisions on any matter to a party, the governing body of a
party choosing not to act in accordance wiLh such
recommendations or decisions shall submit a written statement of
its reasons for doing otherwise to the Organization within
twenty-one (21) days of the Organization's action. The
Organization shall review the written statement and affirm or
modify its recommendations or decisions within twenty-one (21)
days after receipt of the written statement.
(c) The decisions of the Organization shall be determined
by a �E,i�6�f���E��S�/,(�/��CK�y two-thirds (2/3rds) vote.
3.7 Financial Matters:
Subdivision 1- Method of Operation:
(a) The Organization may tax and receive money, in
equivalency thereof, from the parties in accordance with
Minnesota Statutes Sections l�7�,l�7S 1038.265 to �y�,l���
103B.2��, at the discretion of the psrties and said funds shall
be due and payable on the date thot taxes would normally be
received by the Organization.
-9-
14L
(�) The Organization m�y ap�ly for and receive funcs from
any other source it may approve.
(c) The Organization msy incur expenses and make
expenditures and disbursements necessary and incidental to the
effectuation of the purposes of this Agreement. Funds may be
expended by the Organization in accordance with procedures
established herein.
(d) Orders, checks and drafts shall be signed by the chair
or vice-chair and the treasurer. Other legal instruments shall
be exec uted on behalf of the Organization by the chair and
secretary.
Subdivision 2 - Operating Funds:
On or before �ugust lst of each year, the Organization shali
prepare an operating budget for the following year for the
purpose of providing funds to opeLate the Organization's
business. Annual administrative expenses shall be budgeted and
borne by each party in proportion to its current assesse�
valuation under the jurisdiction of the Organization as compared
to the assessed valuation of all property under the jurisdiction
of the Organization. The budget shall be recommended to the
parties for ratification only upon two-thirds approval of all
voting members of the Crganization. After approval by
two-thirds of the parties, the Secretary shall certify the
recommended budget to the County Assessor on or before September
lst of each year. The Org anization shall receive the amount
owing through taxes unless a city requests separate billing,
-10-
�Q ��i
wherEby the Organization shal� notify the County A'sse's'sor of
this change and obtain payment in two equal installments; the
first on or before January lst and the second on or before Ju�y
lst in accordance with the tax year for which the amount due is
being paid. .�
Subdivision 3- Cost for Review Services:
(a) When the Organization is authorized or requested to
undertake a review, submit recommendations to a party or resolve
an issue as provided in this Agreement, the Organization shall
conduct such review, without charge, except as provided below.
(b) Where the project size and comglexity of review are
deemed by the Organization to be extraordinary and substantial,
the Organization may charge a fee for such review services, tr,e
amount to be based upon direct and indirect costs attributable
to that portion of review services determined by the
Organization to be extraordinary and substantial. Where the
Organization determines that a fee will be chazge for
extraordinary and substantial review services, the party to be
charged sh411 receive written notice from the Organization of
the serv ices to be per formed and the fee there for , pr ior to
undertaking such review services.
(c) Unless the party to be charged objects within
twenty-one (2�) days of receipt of such written notice to the
amount of the fee to be charged, such review services shall be
performed and the party shsll be responsible for the cost
thereof. If the party to be charged objects to the proposed fee
for such services within twenty-one (21) aays and if the party
-11-
14N
and the Organization are unable to agree on a reasonable
alternative amount for review services, such extraordinary and
substantial review services shall not be undertaken by the
Organi zation .
3.8 Annual Accounts: .The Crganization shall make full and
complete financial accounting and report to each party annually.
All of its books, reports and records 'shall be available for and
open to examination by any party at all reasonable times.
3.9 Gifts, Grants, Loans: The Org anization may, witrin the
scope of this agreement, accept gifts, apply for and use grants
or loans of money or other property from the United States, the
State of Minnesota, a unit of government or other governmental
unit or organization, or any person or entity for the purposes
described herein; may enter into any reasonable agreement
required in connection therewitr,; shail comply with any laws or
regulations applicable thereto; and shall hold, use and dispose
of such money or property in accordance with the terms of the
gift, grant, loan or agreement relating thereto.
3.10 Contracts: The Organization may make such contracts
and enter into any such agreements as it deems necessary to make
effective any power granted to it by this Agreement. Every
contract for the purchase or sale of inerchandise, materials or
equipment by thE Organization shall be let in accordance with
the Uniform Municipal Contracting Law, Minnesota Statutes
Section 471.345 and the Joint Exercise of Power Statute,
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14p
Minnesota Statutes, Section 471.59. No men�her or employee of
the Organization or Officer or employee of any of the parties
shall be directly or indirectly interested in any contract made
by the Organization.. .
3.11 Works of Improvement: (a) All caFital improvement
projects affecting the adopted Watershed �ianagement Plan shall
be reviewed by the Organization to insure they are not in
conflict with the Plan. The Organization shall act on said
projects within seventy (70) days.
(b) Projects for protection and management of the natural
resources of the Watershed Management Area, including but not
limited to, improvements to property, land acquisition,
easements or rights-of-way, m�y be initiated by:
(1) Subdistricts in which the improvement is located;
or
(2) Recommenc�ation of the Organization to a party or
parties; or
(3) Petition to the Organization by the governing body
of a party or parties.
(ci When projects are recommended by the subdistrict, the
parties involved with each subdistrict shall endeavor to develop
and agree on any projects including the extent of the project
and the f inanc ing .
(�) If agreement is reached, one or the other of the
parties shall design and cause such work to be done and
-I3-
14P
certify said co'st's to the Organization for
certification to the County and/or billing to the
parties including engineering costs, if so agreed upon.
(2) If agreement cannot be arrived at amongst the
subdistrict parties, said project may be appealed to
the Organization for resolve in accordance with the
provisions of Sec tion 3.6 of this Agreement.
(d) When projects are recommended by the Organization, and
it determines that the benEfits from the improvement will be
local, or not affect properties outside the boundaries of the '
party in which the improvement is to be established, the
Organization shall recommend such improvement to the party which
the Organization determines will be benefited thereby, with the
total estimated cost of the improvement and a description of the
benefits to be reslized by said party.
(e) When projects are recommended by the Organization, and
it determines that benefits from the improvement will be
subdistrict wide or realized beyond the boundaries of the party
in which the improvement is to be established, the Organization
shall recommend such improvement to each party which the
Organization determines will be benefitea thereby. The
recommendation of the Organization shall include the total
estimated cost of the improvement, a description of the extent
of the benefits to be realized by each party and the portion of
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14Q
the cost to be borne by each party in accordance with the extent
of the benefit to each party as described by the Organization.
(1) Each party to whom the Organization submit's such
recommendation shall respond within twenty-one (21)
days from receipt.of such recom�endation.
(2) All parties to whom such recommendations are
directed shall ratify and undertake said improvement,
or the Organization shall resolve the issues in
accordance with the provisions of Section 3.6 of this
Agreement.
(f} When projects are initiated by the governing body of a
party or parties to this Agreement, said party or parties shall
submit a petition to the Organization setting forth a
descrigtion of the proposed project, the benefits to be realized
by said improvement, its total estimated cost and a pro�osed
cooperative method for implementation of the improvement, if
aFplicable. The Organization shall review and make
recommendations on the proposed improvement and its compliance
with the Organization's management plan in accordance with the
provisions of Section 3.6 of this Agreement.
(g) When a proposed improvement may be eligible for federal
or state funds as a cost-shared project, the Organization may
apply f� r said funds subject to the Organization's ratificotion
by ���d�f�,��f�}f� two-thirds (2/3rds) of the members. (See
Minnesota Statute, Section 103B.211(1)(C).)
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(h) The Crganization is further authorized to undertake
experimental improvement projects within the Area to serve as a
bdsis for evaluation of other improvements by the parties. When
the Organization determines to undertake an experimental
improvement project, it shall follow the procedure outlined in
Section 3.11 (e) .
3.12 Maintenance of Im�,rovements: (a) The Organization
sholl levy taxes for the maintenance of facilities within the
jurisdiction of one of the parties upon request of the governing
body of said party. In addition, upon agreement by the parties
within a subdistrict, in any manner agreed upon by said parties,
the Organization shall levy taxes within the subdistrict as
requested by the parties.
(b) This Agreement shall not preclude any subdistrict's
members from entering into Joint Powers Agreements for
operation, maintenance, or improvements within the subdistrict
to the extent they do not conflict with rules, regulations, and
the cagital improvement plan of the Organization. Such
agreements shall not require approval of the Organization.
3.13 Insurance: The Commission may purchase property and
public liability insurance as it deems necessary.
3.14 General: The Organization may take all such other
actions as are reasonably necessary and convenient to carry out
the purposes of this Agreement.
-16-
14S
SECTIOh IV
ARBITRATION
4.1 The parties to this Joint Powers Agreement agree that
any controversy that cannot be resolved between the parties and
the Organization through the review and recommendation
procedures outlined herein shall be submitted to binding
Arbitration. The Uniform Arbitration Act (Minnesota Statutes
Sections 572.08 - 572.30) is adopted by the Organization as the
authority to be fo�lowed in submitting ali controversies to
Arbitration. The result of the Arbitration shall be binding on
the Farties and the Organization. Arbitration shall be by a
panel of three arbitrators. The parties and the Organization
shall each select one arbitrator to represent its position in
the controversy. The two arbitrators shall then select a third
arbitrator, and in the event they are unable to agree on a third
arbitrator, either side may petition the District Court to
appoint a third arbitrator. Thereafter, Arbitration shall
proceed as outlined in the Uniform Arbitration Act.
SECTION V
TERMINATION OF AGREEMENT
5.1 This Agreement may be terminated by a�proval of
two-thirds vote of the governing bodies of each party hereto,
provided that all such approvals occur within a ninety (96) day
per iod .
-17-
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SECTION VI
DISSOLQTION OF ORGANIZATION
6.1 Upon dissolution, all personal property of the
Organization shall be sold and the proceeds thereof, together
with monies on hand after�payment of all obligations, shall be
distributed to the parties. Such distribution of Organization
proceeds and monies on hand shall be made in proportion to the
total monetary contributions to the Organization made by each
garty. All payments due and owing for operating costs under
Section 3.7, Subdivision 2, or other unfulfilled financial
obligations, shall continue to be the lawful obiigation of the
par t ies .
SECTION VII
AMENDMENT
7.1 The Organization may recommend changes�in and
amendments to this Agreement to the governing bodies of the
parties. Amendments shall be adoFted by a two- thirds (2/3rdsi
vote of the governing bodies of each party within ninety (90)
days of referral. Amendments shall be evidenced by appropriate
resoZution of the governing bodies of each party filed with the
prganization and shall, if no effective date is contained in the
amendment, become effective as of the date all such filings have
been completed .
-18-
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SECTION VIII
AGREEMENT
8.1 IN WITNESS WAEREOF, the parties hereto have executed
this Agreement as of the day of complete execution hereof by the
parties.
SEAL
Dated:
S EA L
Dated:
S EA L
Dated:
S EA L
Dated:
SEAL
Da t ed :
SEAL
Da ted :
CITY OF BLAINE
By
Mayor
By
City Manager
CITY OF COLUMBIA HEIGHTS
By
Mayor
By
City Manager
C ITY OF COON RAPI DS
By
Mayor
By
City Manager
CITY OF FRIDLEY
By
Mayor
By
City Manager
CITY OF HILLTOP
By �
Mayor
By
City Clerk
CITY OF SPRING LARE PARR
By ..
Mayor
By
City Cler k
-19- 14V
�
_
G1YOF
FRIDLEY
MEMORANDUM
Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432
� (612) 571-3450
Office of the City Manager
William W. Burns
TO: The Honorable Mayor and City Council
- , �. ,
FROM: William W. Burns, City Manaqer �, �1''
�
DATE: May 30, 1991
BIIBJECT: Resolution Supporting Alternative Funding
for State Aid Programs
I have prepared the attached resolution as our City's response to
the letter sent by Dan Erhart, Chairman of the Anoka County Board
of Commissioners. Although we dislike the prospect of sharing
responsibility for the 1/2G local option sales tax, it would appear
that our options are very limited.
We received a copy of the League of Minnesota Cities bulletin dated
May 24, 1991, that provides an additional explanation of what
happened during the 1991 legislative session. Additionally, I
asked Sharon Fetting to recap the major provisions of the tax bill
as it relates to State local government aid (LGA) and HACA
assistance. A copy of her memorandum is attached.
I recommend your approval of the resolution.
WWB:rsc
Attachments
15
REBOLIITION NO. - 1991
R$80LIITIO�i ENDORSINQ l�LTBRNATIVB
FIINDZWG FOR BTATB 71ID PROaRAMB
WIiEREAS, the Leqislature of the State of Minnesota has chosen to
create a Local Goverivaent Trust Fund; and '
WHEREAS, the Local Goverriment Trust Fund is to be supported from
the proceeds of the State sales tax; and
WHEREAS, the State Legislature has determined that neither county
nor city governments may benefit from the money that is in the
Local Government Trust Fund unless counties choose to adopt a one-
half cent local option sales tax by July 1, 1992; and
WHEREAS, without participating in the Local Government Trust Fund,
county and city governments will lose millions of dollars in sales
tax revenue; and
WHEREAS, county and city qovernments could be forced by these
coercive circumstances to replace lost trust fund revenues with
property taxes; and
WHEREAS, failure to approve the one-half cent local option sales
tax will result in the redistribution of a large portion of Anoka
County's sales taxes to other counties;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley supports the approval of the one-half cent local option
sales tax by the Anoka County Commissioners at their meeting on
June 11, 1991.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
WILLIAM J. NEE - MAYOR
15A
FINANCE DEPARTMENT
�
MEMORANDUM
��.
TO: WILLIAM W. BIIRNS, CITY MANAGER �.
FROM: RICHARD D. PRIBYL, FINANCE DIRECI'OR
SHARON FETTING, STAFF ACCOUNTANT
SIIBJECT: OVERVIEW OF 1991 STATE TAX BILL
DATE: May 30, 1991
Following is a brief overview of the impact the tax bill passed
by the Minnesota State Legislature will have on the City of
Fridley. Although a number of details are not yet clear, we have
a general understanding of some of the major components.
As you are aware, each County has the "option" of initiating an
additional 1/2 cent sales tax. This 1/2 cent plus 1 and 1/2
cents of the current sales tax would then be deposited in a newly
created Local Government Trust Fund. This Fund will provide
funding for the Local Government Aid (LGA) and Homestead and
Agriculture Credit Aid (HACA) programs.
Should the County decide not to approve the additional sales tax
and the Cities within the County not override this decision, all
local governments would then lose all of their aids. This would
amount to approximately $2,300,000 for the City of Fridley, which
would have to be made up for with expenditure cuts or additional
property taxes. By the way, the sales tax would still remain at
6�.
As far as LGA cuts are concerned, in 1991 we will lose
approximately $233,000 as outlined below.
1991 Certified LGA $1,743,090
July 1991 payment cut 130,450
December 1991 payment cut 102.254
Total 1991 LGA . 1,520,386
1992 estimated LGA reductions for the City of Fridley are
approximately $255,635.
Levy limits for 1992 will remain at the 1991 level with no
allowable increase for inflation or population/household growth.
According to a coversation we had with Roger Peterson of the ANII�I,
local governments are allowed to levy for the 1991 LGA cuts and
the 1992 cuts should they chose to.
15B
OVERVIEW OF 1991 STAT$ TA% BILL
May 30, 1991
Page 2
The 1991 Legislature also made changes in the class rates for some
property classes. The Commercial/Industrial class rate for
property over $100, 000 changed from 4. 95� for taxes payable in 1991
to 4.75� for 1992. For homesteaded property, the first tier which
is taxed at 1�, changed from a maximum value of $68, 000 to $72, 000.
The maximum value for the second tier, which is taxed at 2�,
changed from $110,000 to $115,000. For homes valued over $115,000
the taxable percentage was reduced to 2.5� from 3�. As we
understand it, HACA is to compensate local governments for these
reductions in taxable value.
Other issues still unclear are how the growth in sales tax will be
distributed. Also, the 1991 Legislature created a new committee,
the Advisory Commission on Intergovernmental Relations, which will
be studying the distribution formulas for LGA and HACA and may make
recommendations to the 1992 Legislature on changes in the formulas.
15C
16
17
�
� FOR CONCURRENCE BY THE CITY COUNCIL
F�tl'pL�.�Y June 3, 1991
Type of License: By_
REFUSE HAULER
Johnson Sanitation LeRoy A. Johnson Jr.
125 Bunker Lk.Blvd. N.W.
Anoka, MN 55304 �
SOLICITOR(Interstate Commerce)
Ticoa Corp. Geoff Johnson
11230 W. Ave. #105
San Antenio TX 78213
SOLICITOR(Transient Merchant)
Northstar Studebaker Car Clubs
2845 Joppa Ave. So.
St.Louis Pk.,MN 55416
SOLICITOR(Charitable)
MN ACORN Sharon Rubin
757 Raymond Ave. #220
St.Paul, MN 55114
TEPIPORARY ON SALE BEER
Fridley J.C's A1 Lauer
49er's Days
5731 - 7th St.N.E.
Fridley, MN 55432
�$
Approved By:
LICBNSEB
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
Fees:
$60.00
Exempt
$60.00
Exempt
Exempt
Duda, Leon Plumbing Services
208 - 17th Ave N
Hopkins, i�i 55343 Leon Duda
Krumholz Company
3107 Lyndale Ave N
Minneapolis MN 55411
Surma, Frank Plumbing
1136 Rockstone LN
New Brighton, l�T 55112
Key-Tec Services
22740 Heather Ridge Dr
Rogers, l�i 55374
Harley Oelschlaqer
Frank Surma
David Farr
Surge Water Conditioninq (WATER CONDITIONING ONLY)
702 E Excelsior Ave
Hopkins, MN 55343 Gary Capone
SIGN ERECTOR
Juleen Designs Inc
4137 1/2 Woodland Rd
Lexington MN 55014
Crosstown Sign
10166 Central Ave
Blaine l�t 55434
GBNERAI COI�1'1'R1�iCTOR
Otto R Wuellner
3150 Georgia Ave N
Crystal, MN 55428
Rick Juleen
Robyn Wandschneider
Otto Wuellner
.
Same
Same
Same
Same
Same
DARREL CLARK
Chief Bldg Ofcl
Same
DARREL CLARK
Chief Bldg Ofcl
APPROVED BY R.H. L�RSON, FIRE PROTEC � 08N� UREAU/HOUSING INSPECTOR
�
� FOR CONCIIRRENCB BY TH$ CITY COIINCIL BBTIMATEB
�m,� JIINE 3, 1991
FRIDLEY
Herrick & Newman .
205 Fridley Plaza Office Building
6401 University Avenue N..E.
Fridley, I�1 55432
Services Rendered as City Attorney
for the Month of May, 1991 . . . . . . . . . . . $
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, I�IIJ 55432
Services Rendered as City Prosecutinq
Attorney for the Month of April, 1991
HNTB
6700 France Avenue South
Minneapolis, NIlJ 55435
1,928.66
. . . . . $ 9,861.00
1. .5 MG Water Tank Paintinq/Altitude
Valve and Vault Installation
Project No. 212
Partial Estimate . . . . . . . . . . . . . $ 11,512.50
2. Well No. 12 & Booster Station
Improvement Project No. 216
Partial Estimate . . . . . . . . . . . . . $ 2,995.30
19