04/10/1995 - 4899< �
� FRIDL$Y CITY COIINCIL MEETING
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_ Morrday, A ril 10, 1995 '
7:�30 P.M.
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CffY OF
FRIOtEI'
FRIDLEY CITY COUNCIL MEETING OF
APRIL 10, 1995
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatcnent,
or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities
who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance.
(TTD/572-3534)
PLEDGE OF ALLEGIANCE:
BOARD OF REVIEW MEETING
Board of Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.02
CITY COUNCIL MEETING
APPROVAL OF MINUTES:
City Council Meeting of March 20, 1995
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Second Reading of an Ordinance
Recodifying the Fridiey City Code,
Chapter 103, Entitled "Dangerous
Weapons," by Adding Section 103.06,
"Fees," and Renumbering the
Remaining Sections Consecutively,
and Amending Chapter 11, "General
Provisions and Fees," 103, for Firearms
a �:
........ 2.01-2.02
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 1995 Page 2
APPROVAL OF PROPOSED CONSENT AGENDA (CONTINUEDI:
OLD BUSINESS (CONTINUED�.
Second Reading of an Ordinance
Recodifying Chapter 801 of the Fridley
City Code in its Entirety, Entitied "Curfew,"
and Adopting a new Chapter 801 Entitled
„Curfew" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.04
NEW BUSINESS:
Receive the Minutes of the Planning
Commission Meeting of March 15, 1995 . . . . . . . . . 4.01 - 4.13
Establish a Public Hearing for April 24,
1995, for a Vacation Request, SAV #95-01,
by the City of Fridley, to Vacafie all that
Part of the Egress Road from T.H. 47 �
(University Avenue), in Order to Construct
a Single Family Home on the Property,
Generally Located at 5900 Third Street N.E.
(Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02
FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 1995 Page 3
APPROVAL OF PROPOSED CONSENT AGENDA�CONTINUED):
NEW BUSiNESS �CONTINUEDi:
Establish a Public Hearing for April 24,
1995, for Longhorn Grill for an
Intoxicating Liquor License (Ward 3) . . . . . . . . . . . . . 6.01
Receive Bids and Award Contract for
1995 Removal and Replacement of
Miscellaneous Concrete Curb, Gutter
and Sidewalk Project No. 279 . . . . . . . . . . . . . . . . . 7.0'! - 7.03
Receive Proposals and Award Design
and Construction Inspection Contract
for the 53rd Avenue Water Booster
Station Renovation Project No. 280
(Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.02
Resolution Approving Minnesota
Department of Transpor��tion Limited
Use Permit for the University Avenue
Bike Path from 73rd Avenue North to
85th Avenue (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.02
FRIDLEY CtTY COUNCIL MEETiNG OF APRIL 10, 1995 Page 4
APPROVAL OF PROPOSED CONSENT AGENDA jCONTINUED):
NEW BUSINESS (CONTINUED�
Resolution Approving the First
Supplemental Trust Indenture and
Authorizing the Execution Thereof
For the Ci#y of Fridley, Minnesota,
$6,190,000 Floating Rate Demand
Commercial Development Revenue
Bonds (River Road Investors
Project) Series 1984 . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.18
Appointment: City Employee . . . . . . . . . . . . . . . . . . 1 'l .01
Claims ................................... 12.01
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � -'l �.(7'I - � 3.08
FRiDLEY CITY COUNCIL MEETING OF APRIL '! 0, 1995 Page 5
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS:
(Consideration of Items not on Agenda - 15 Minutes)
PUBLIC HEARING:
Creation of a Special Taxing District
for the Harris Pond Treatment Program
(Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.07
NEW BUSINESS:
Receive an Item from the Appeats Gommission
Meeting of March 14, 1995:
A. Variance Request, VAR #95-03, by
Nordquist Sign Company, to Increase
the Size of a Wa11 Sign from 3 Square _
Feet to 49 Square Feet at the Fridley -
Convalescent Home, Generally Located
at 7590 Lyric Lane N.E. (Ward 1) . . . . . . . . . . . . . . 15.01 - 15.14
FRIDLEY C1TY COUNCIL MEETING OF APRIL 10, 1995
NEW BUSINESS�CONTINUEDI:
Receive an Item from the Appeals Commission
Meeting of March 28, 1995:
Page 6
A. Variance Request, VAR #95-05, by
Stephen Hosch, to Reduce the
Setback of an Addition to an Attached
Single Car Garage from 4 Fee# to
3 Feet, Generally Located at 6570
Second Street N. E. (Ward 1) . . . . . . . . . . . . . . . . . . 16.01 - 16.15
Approve Addendum to the Lease Agreement
Befinreen the City of Fridley and Recycle
Minnesota Resources, Inc. . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.03
tnformal Status Reports
ADJOURN:
.......................... 18.01
.�
�
�RII��.EY CITY CUUNCIL MEETING OF APRIL 10,1995
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The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in
iu services, programs, or acrivities because of race, color, creed, religion, national origin, sex, disability, age, marital status,
sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in any of Fridley's service�, programs, and activiries. Hearing impaired persons who need an
interpreter or other persons with disabiliries who requue ai�aciliary aids should contact Roberta Collins at 5'72-3500 at least one
week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE:
BOARD OF REVIEW MEETING
Board of Review . . . . . . . . . . . . . . . . 1.01 - 1.02
. -�/�^-�'���-+.�.� �( �' ... ��Z ����-
,
C/TY COUNC/L MEET/NG
APPROVAL OF MINUTES:
City Council Meeting of March 20, 1995
cr. - � /,G�_� � ����
J �.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Second Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 103, Entitled "Dangerous
Weapans," by Adding Section 103.Q6,
"Fees," and Renumbering the
Remaining Sections Cansecutivety,
and Amending Chapter 11, "Genera!
Provisions and Fees," 103, for
Firearms . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02
�L,�,�� `w�`:-=,^z-� ,:z.��'7 �;/��-L�-�-
�> �'
Second Reading of an Ordinance
Recodifying Chapter 801 of the Fridley
City Code in its Entirety, Entitled "Curfew,"
and Adopting a new Chapter 801 Entitled
"Curfew" . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.04
�� �,(r�/' Gs " %.'v�% ic--{'�' ��Sr����
c�,� � -
. �. = . • �1[.`I���]�#
Establish a Pubtic Hearing for April 24,
1995, for a Vacation Request, SAV #95-01,
by the City of Fridiey, to Vacate all that
Part of the Egress Road from T.H. 47
(University Avenue), in Order to Construct
a Single Family Home on the Property,
Generafly Located at 5900 Third Street N.E.
(1lVard 3) . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02
, ,���� �=� �� �/Z y/y�--
Establish a Public Hearing for April 24,
1995, for Longhorn Grill for an
Intoxicating Liquor License (Ward 3) 6.01
. -�'� � ; � �- �/�-�/�--
��
Receive Bids and Award Contract for
1995 Removal and Replacement of
Miscellaneous Cancrete Curb, Gutter
and Sidewalk Project No. 279 ..... 7.01 - 7.03
� �_�.(% �` � ��.-tiL -�--�-�
�,�-� .,�'�-��
' �
-�� �-6, 93 �'-
Receive Proposals and Award Design
and Construction Inspection Contract
for the 53rd Avenue Water Booster
Station Renovation Project No. 280
(Ward 1) . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.02
,G�...z.� . � C'w-�-�, c <„�,.z,�
� �� � La..a�._� �r <" :,J�-� v` GL'u'°-�t�
i
NEW BUSINESS:
Resolution Approving Minnesota �
Receive the Minutes of the Planning Department of Transportation Limited �
Commission Meeting of March 15, Use Permit for the University Avenue
1995 .......% � 4.01 - 4.13 Bike Path from 73rd Avenue North to
��� ` 85th Avenue (Ward 3) . . .
........ 9.01-9.02
d--te---1 � '�� �/�Cy.•
APPROVAL OF PROPOSED CONSENT AGENDA (CONTINUED►•
NEW BUSINESS �CONTINUED�,
Resolution Approving the First
Supplemental Trust Indenture and
Authocizing the Execution Thereof
For the City of Fridley, Minnesota,
$6,190,000 Floating Rate Demand
Commercial Devetopment Revenue
Bonds (River Road Investors
_;s
Project) Series 1984 . . . . . . . . . . . . 10.01 —10.18
�: _...y � �l��r`L C �> ,
/ Z.
Appointment: City Employee . . . . . 11.01
��'`L, e �L' �-��
Claims . . . . �:�'`'��? :`.s'!,': .�..�.�� 12.01
NEW BUSINESS:
Receive an item from the Appeals Commission
Meeting of March 14, 1995:
:• �
A Variance Request, VAR #95-03, by
Nordquist Sign Company, to Increase
the Size of a Wall Sign from 3 Square
Feet to 49 Square Feet at the Fridley
Convalescent Home, Generally Located
at 7590 Lyric Lane N.E. (Ward 1) .. 15.01 -15.14
:
f / ,Q �,G�`Z�
����jL-�,r--z� ' _
% 5�-�:.w�� ,
Receive an Item from the Appeals Commission
Meeting of March 28, 1995:
A. Variance Request, VAR #95-05, by
Stephen Hosch, to Reduce the
Setback of an Addition to an Attached
Single Car Garage from 4 Feet to
3 Feet, Generally Located at 6570
Second Street N.E. (Ward 1) . . . . . . 16.01 -16.15
�"v��`",-�,� �'`�
�,'�"��y`�' "
Licenses ...�a��-:��. .. 13.01 - 13.08 Approve Addendum to the Lease Agreement
�� Between the City of Fridley and Recycle
i�1innesota Resources, Inc . . . . . . . . . . . . . . . 17.0'9 -17.03
C` - i�
f
ADOPTION OF AGENDA:
�.�-r�c.��C �:�
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OPEN FORUM. VISITORS:
(Consideration of Items not on Agenda -15 Minutes)
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PUBI.IC HEARING:
/� ( � �iv-4� -
Informal Status Reports . . . . . . . . . . . . . . . . 18.01
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A JOURN:
�/S� � 1� ,
Creation of a Special Taxing District ��`" `� °�� �����`y��!
for the Harris Pond Treatment Program
(Ward 2) . . . . . . . . .�� , . . . �, � . �. . �. . . 14.01 - 14.07
,
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
MARCH 20, 1995
The Regular Meeting of the
at 8:38 p.m. by Mayor Pro
the School Districts.
PLEDGE OF ALLEGIANCE:
Fridley City Council was called to order
Tem Schneider after a joint meeting with
f
Mayor Pro Tem Schneider led the Council and audience in the Pledge
of Allegiance to the Flag.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Pro
Jorgenson,
Bolkcom
Mayor Nee
Tem Schneider, Councilwoman
Councilman Billings, Councilwoman
Mayor Pro Tem Schneider stated that Mayor Nee is still recup-
erating after breaking several bones in his leg but expects to be
back shortly.
APPROVAL OF MINUTES:
COUNCIL MEETING, MARCH 6. 1995:
MOTION by Councilman Billings to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
Mr. Burns, City Manager, briefly reviewed each item on the consent
agenda.
OLD BUSINESS•
1. ORDINANCE NO. 1046 UNDER SECTION 12.07 OF THE CITY CHARTER TO
VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY
CODE (VACATION RE4UEST SAV #94-04, BY CEANN HALUPTZOK)
�WARD 2� :
Mr. Burns stated that this ordinance is to vacate a portion
of a drainage and utility easement. He stated that as a
result of title work by the owner, it was found that the
garage was built six inches over this easement. He stated�;it..
is recommended that Council approve this vacation, as the
owner has agreed to sign a hold harmless agreement for any
inj uries or damages that may occur to the property as a result
of this vacation.
FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 2
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1046 ON THE
SECOND READING AND ORDERED PUBLICATTON.
NEW BUSINESS•
�
2. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 103, ENTITLED "DANGEROUS WEAPONS," BY ADDING
SECTION 103.06 "FEES " AND RENUMBERING THE REMAINING SECTIONS
CONSECUTIVELY, AND AMENDING CHAPTER 11, "GENERAL PROVISIONS
AND FEES," 103, FOR FIREARMS:
Mr. Burns said that the state statute authorizes municipa-
lities to charge a$10.00 fee for a permit to carry a weapon.
He stated that this proposed ordinance would adopt this fee,
along with an existing $25.00 fee, for a permit to discharge
a weapon. He stated that a permit to discharge applies to the
testing or use of weapons for target practice.
WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST
READING.
3. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 801 OF THE
FRIDLEY CITY CODE IN ITS ENTIRETY ENTITLED "CURFEW " AND
ADOPTING A NEW CHAPTER 801 ENTITLED "CURFEW:"
Mr. Burns stated that this ordinance repeals the previous
curfew laws and establishes new ones. He stated that the
ordinance also includes the legal definitions of terms and
establishes new categories for youth under the age of sixteen
and those sixteen and seventeen. He stated that the curfew
for those under sixteen on Sunday through Thursday is
10:00 p.m. to 5:00 a.m. and on Friday and Saturday it is
11:00 p.m. to 5:00 a.m. He stated that the curfew for those
sixteen and seventeen on Sunday through Thursday is 11:00 p.m.
to 5:00 a.m. and on Friday and Saturday it is 12:00 midnight
to 5:00 a.m.
Mr. Burns stated that this ordinance is similar to one adopted
in Hennepin County, and it is likely to be adopted by Anoka
County. He stated that the goal is to have this new curfew
in effect for the start of Project Safety Net.
WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST
READING.
4. E5TABLISH A PUBLIC HEARING DATE FOR APRIL 24 1995 FOR STREET
IMPROVEMENT PROJECT NO. ST. 1995-2:
Mr. Burns stated that Council should set a public hearing date
for improvements on 68th Avenue and Arthur Street.
PUBLIC HEARING SET FOR APRIL 24, 1995.
FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 3
5. RECEIVE $IDS AND AWARD CONTRACT FOR VOICE PROCESSING SYSTEM:
Mr. Burns stated that this voice processing system would allow
for leaving messages at all the City's telephone stations.
He stated that it compliments the 24 hour city hall system and
can be built into the City's current telephone system without
major changes. He stated that the cost is included in the
budget as part of the 1994 Capital Improvement Plan. He
stated that maintenance costs for the voice mail range from
$1,500 to $2,000 per year and $1,200 per year for the 24 hour
city hall system. Mr. Burns stated it is recommended that
Collins Communications be awarded the contract.
RECEIVED BIDS AND AWARDED CONTRACT TO COLLINS COMMIJNICATIONS
FOR THE VOICE PROCESSING SYSTEM IN THE AMOUNT OF $33,587.39.
6. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY AND STORM SEWER
REPAIR PROJECT NO. 277:
Mr. Burns stated that this project involves sanitary and storm
sewer repairs. He stated that the sanitary sewer projects
include 605 feet of corrugated metal pipe at Lucia Lane and
661 feet of pipe along 7th Street near Commons Park. He
stated that the storm sewer project includes 315 feet of pipe
on 75th Avenue. . He stated that the total cost of these
projects is $152,505; $72,505 for the sanitary sewer projects
and $80, 000 for the storm sewer project. He stated that funds
are budgeted for these projects in the sanitary sewer and
storm sewer funds in the Five Year Capital Improvement Plan.
Mr. Burns stated it is recommended that Insituform Central,
Inc. be awarded the bid in the amount of $152,505.
RECEIVED BID AND AWARDED CONTRACT TO INSITUFORM CENTRAL, INC.
IN THE AMOUNT OF $152,505 FOR SANITARY AND STORM SEWER REPAIR
PROJECT NO. 277.
7. RECEIVE BIDS AND AWARD CONTRACT FOR THE PURCHASE OF A HIGH
VELOCITY SEWER CLEANER tJETTING MACHINEI_:
Mr. Burns stated that two bids were received for this sewer
jetting machine. He stated that the low bidder was ABM
Equipment Company in the amount of $43,900, and staff
recommends the contract be awarded to them.
RECEIVED BIDS AND AWARDED CONTRACT TO ABM EQUIPMENT COMPANY
IN THE AMOUNT OF $43,900 FOR THE PURCHASE OF A HIGH VELOCITY
JETTING MACHINE.
FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 4
8. RESOLUTION NO. 21-1995 DETERMINING THAT A PUBLIC HEARING LON
APRIL 24 , 1995) IS NECESSARY TO CONSIDER THE PROPOSED TRANSFER
OF CONTROL OF MINNESOTA CABLE PROPERTIES, INC.:
Mr. Burns stated that this public hearing is to consi$er the
proposed transfer of control of the local cable system from
KBLCOM, Inc. to Time Warner.
ADOPTED RESOLUTION NO. 21-1995.
9. RESOLUTION NO. 22-1995 REQUESTING THE LEGISLATURE AND GOVERNOR
OF THE STATE OF MINNESOTA TO PASS AND SIGN INTO LAW SPECIAL
LEGISLATION FOR THE FRIDLEY HOUSING REPLACEMENT PROGRAM:
Mr. Burns stated that Fridley is working with the City of
Crystal to establish state authorization for a pilot housing
program. He stated that this would allow the Housing and
Redevelopment Autharity to capture increment created by new
construction on various scattered residential sites for a
period of twenty years. He stated that these funds would be
used only for housing programs and become part of a revolving
fund used principally for housing rehabilitation loans. He
stated that the HRA adopted a similar resolution.
ADOPTED RESOLUTION NO. 22-1995.
10. CLAIMS•
APPROVED - NOS. 60702 THROUGH 60958.
11. LICENSES•
APPROVED AS ON FILE IN THE LICENSE CLERK'S OFFICE.
12. ESTIMATES•
APPROVED.
There were no comments from the audience regarding the proposed
consent agenda items.
MOTION by Councilman Billings to approve the consent agenda items.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
FRIDLEY CITY COUNCIL MEETING OF MARCH 20 1995 PAGE 5
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARING•
13. PUBLIC HEARING ON THE ESTABLISHMENT OF A SPECIAL `TAXING
DISTRICT FOR THE HARRIS POND TREATMENT PROGRAM fWARD 2):
MOTION by Councilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by Council-
woman Bolkcom. Upon a voice vote, a1I voting aye, Mayor Pro Tem
Schneider declared the motion carried unanimously and the public
hearing opened at 8:50 p.m.
Mr. Flora, Public Works Director, stated that the City has received
petitions from residents abutting Harris Pond to treat the pond
for weeds and algae and for phosphorus reduction. He stated that
a phosphorus treatment is suggested every four years with treatment
for weeds and algae being done yearly. Mr. Flora stated that only
one person from New Brighton did not sign the petition, and he
understands that this person is on vacation.
Mr. F1ora stated he would recommend that Council consider autho-
rizing the treatment of Harris Pond for this year at a cost of
$5, 631. He stated that the cost would be shared fifty-fifty by the
City and abutting property owners. He stated that if Council
wishes to authorize the treatment on a continuing basis, a public
hearing would need to be conducted in order to establish a special
taxing district.
Mr. Jim Furgason, 6381 Squire Drive, thanked Mr. Flora for
arranging this public hearing. He requested that Council take
action this evening to authorize the treatment of Harris Pond
because of the thaw also because the contractor wished to get
started with the treatment.
MOTION by Councilwoman Jargenson to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
NEW BUSINESS:
14. AUTHORIZE THE SPECIAL ASSESSMENT FOR THE TREATMENT OF HARRIS
POND•
•AND
AUTHORIZE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAKE
RESTORATION, INC FOR THE TREATMENT OF HARRIS POND (WARD 2):
AND
ESTABLISH A PUBLIC HEARING FOR APRIL 10 1995 FOR CREATION OF
A SPECIAL TAXING DISTRICT FOR THE HARRIS POND TREATMENT
PROGRAM:
Mayor Pro Tem Schneider stated that, as he understands, the treat-
ment would be for this year, and another public hearing would be
FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 6
necessary to create a special taxing district in order to continue
this treatment program beyond this year.
MoTION by Councilman Billings to authorize execution of the 1995
agreement between the City and Lake Restoration, Inc. �or the
treatment of Harris Pond, with a cost sharing of fifty percent by
the City and fifty percent by the abutting property owners.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
MOTION by Councilman Billings to set a public hearing for April 10,
1995 to create a special taxing district for Harris Pond. Seconded
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Pro Tem Schneider declared the motion carried unanimously.
15. APPROVE THE HUMAN RESOURCES COMMISSION'S 1993 CDBG FUND
REALLOCATION AND THE 1995 CDBG ALLOCATION RECOMMENDATIONS:
Mr. Hickok, Planning Coordinator, stated that the Human Resources
Commission recommended that $4,120 available from the 1993 CDBG
funds be reallocated as follows: St. Philip's Lutheran Church
Middle 5chool Program, $1,100; Anoka County Community Action Senior
Outreach Program (ACCAP), $2,000; and the Community Emergency
Assistance Program, Inc. (CEAP), $1,020.
Mr. Hickok stated that in regard to the 1995 CDBG funds, there were
a number of options. He stated that the original proposal for the
$30,000 for public service grants was for $2,500 each to be given
to the Senior Outreach and Senior Home Companion programs, leaving
a balance of $25,000. He stated that a revised proposal was to
allocate $5,000 for Senior Outreach and $3,000 for Senior Home
Companion programs, leaving $22,000 for other public service
grants. Mr. Hickok stated that a compromise proposal that may be
considered would be to allocate $3,000 for Senior Outreach and
$3,000 for Senior Home companion programs, leaving a$24,000
balance.
Mayor Pro Tem Schneider asked if the compromise proposai has been
recommended by the Human Resources Commission.
Mr. Hickok stated that this compromise proposal has not been
presented to the Human Resources Commission.
Mr. Oquist, Chairman of the Human Resources Commission, stated that
the compromise proposal has not been presented to the Commission,
__. and he understands that it is a recommendation from staff. He
stated that he is not sure the Commission would be in favor of the
compromise, as they wished to keep the 1993 and 1995 CDBG funds
separate.
Mr. Hickok stated that the reason the 1995 allocations are before
the Council was in case they wished to consider the 1993 and 1995
FRIDLEY GITY COUNCIL MEETING OF MARCH 20 1995 PAGE 7
CDBG funds together. He stated that the 1993 funds may substitute
for what would be given in 1995.
Mr. Oquist stated that the 1993 CDBG funds need to be spent by
June, therefore, they cannot be considered with the 199`5 CDBG
funds. He stated that the Commission has no problem with funding
the senior programs, but he would like direction from Council if
this is their wish.
Ms. Dacy, Community Development Director, stated that it is her
understanding that the reallocated funds can be used until the end
of June, and as of July 1, funding is available from the 1995 CDBG
funds. She stated that the Senior Outreach Program needs $5,000
a year, and staff's position was to recommend options to fund this
program using $2,000 from 1993 funds and $3,000 from 1995 funds.
MOTION by Counci2man Billings to concur with the recommendation of
the Human Resources Commission for the reallocation of the 1993
CDBG funds as follows: St. Philip's Lutheran Church Middle School
Program, $1,100; Anoka County Community Action Senior Outreach
Program (ACCAP), $2,000; and the Community Emergency Assistance
Program, Inc. (CEAP), $1,020. Seconded by Councilwoman Jorgenson.
Upon a voice vote, aZl voting aye, Mayor Pro Tem Schneider declared
the motion carried unanimously.
MoTION by Councilman Billings to allocate $30,000 for public
service grants from the 1995 GDBG funding as follows: Senior
Outreach Program, $3,000; Senior Home Companion Program, $3,000;
and the Human Resources Commission submit a recommendation on how
the balance of $24,000 should be allocated. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem
Schneider declared the motion carried unanimously.
16. APPROVE AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES BETWEEN
THE CITY OF FRIDLEY AND SUPER CYCLE INCORPORATED:
Mr. Hickok, Planning Coordinator, stated that the City has received
proposals for recycling services. He stated that the Request for
Proposal (RFP) was published in Focus News, and there was interest
from seven potential contractors. He stated that four RFP's were
received, and the lowest was from Super Cycle in the amount of
$156,488.28. He stated that the cost for the City's recycling
services will be paid through the Solid Waste Abatement Program fee
and SCORE funds.
Mr. Hickok stated that this proposal was submitted to the Environ-
mental Quality and Enerqy Commissiot�6-and they concur with staff's
recommendation to add telephone books to the list of recyciable
items. He stated that the agreement is for two years with fines
imposed for failure to perform as specified. He stated that the
agreement also includes two annual community-wide curbside collec-
tions of canned foods, the addition of cereal boxes and textiles,
FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 8
the opportunity to add plastics if the local market value improves,
and the City would take ownership of multi-unit recycling
containers.
Councilwoman Jorgenson questioned the cost to the City �o take
ownership of the recycling containers.
Ms. Dacy, Community Development Director, stated that the cost for
these containers has been amortized over the last three years and
was figured into the cost of the contract. She stated that there
would be a reduction in the contract pertaining to this item as of
April 1, 1996.
Councilman Billings stated that the City has paid for the con-
tainers over the term of the contract and could not see why the
City should not take ownership.
Councilwoman Jorgenson stated that she has a concern about replace-
ment costs, and she asked how many the City has replaced over the
Tast three years.
Mr. Glander, representing Super Cycle, stated that the cost for the
90 gallon container is about $60, and they last six to seven years.
He stated that the City probably has about two hundred containers
and would be saving, as their contract will be reduced when the
City takes ownership on April 1, 1996. He felt that it was
advantageous for the City to take ownership, as maintenance costs
are very low. Mr. Glander stated that he is not aware that any of
the containers have been replaced in Fridley.
MOTION by Councilwoman Bolkcom to authorize the Mayor and City
Manager to enter into an agreement with Super Cycle, Inc. for
recycling services. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Pro Tem Schneider declared the
motion carried unanimously.
Councilwoman Bolkcom felt that residents should be able to bring
their plastics to the recycling center at no charge, and this
should probably be reviewed in the near future.
17. RECEIVE BIDS AND AWARD CONTRACT FOR RICE CREEK PLAYGROUND
EQUIPMENT, PROJECT NO. 278:
Mr. Kirk, Director of Recreation and Natural Resources, stated that
six companies submitted bids for the Rice Creek playground
equipment. He stated that there were a total of eight bid
packages, as two of the coaa�aanies submitted two different options.
He stated that there was an alternate bid which included the
installation of the equipment. He stated that each potential
bidder was told that $30,000 was available to purchase equipment
and asked to design an equipment package that included a structure
far youngsters ages two to five and a separate structure for ages
five to twelve.
FRIDLEY CITY COIINCIL MEETING OF MARCH 20, 1995 PAGE 9
Mr. Kirk stated that the proposals were reviewed by staff, the
Parks and Recreation Cammission, and representatives of the Rice
Creek Townhomes. He stated that residents of the area were invited
to review the bid information at a meeting held on March 9. He
stated that fourteen people attended, and their choice of equipment
was the same as the proposal favored by staff and supplied by
Minnesota/Wisconsin Playgrounds, Inc.
MOTION by Councilwoman Jorgenson to receive the following bids for
the Rice Creek playground equipment, Project No. 278:
Bidder
Base Alt. Total
Bid Bid Bid
St. Croix Recreation Co., Inc.
915 Northland Avenue
Stillwater, MN 55082 $30,000 $7,690
Flanagan Sales, Inc.
4272 Highland Drive
Shoreview, MN 55123
Valus Recreation
555 W. 78th Street
Chanhassen, MN 55317
Bob Klein & Associates*
1303 Lincoln Lane
Hastings, MN 55033
MN/WI Playground,
P.O. Box 27328
Golden Valley, MN
Inc.
55427
$30,000 $6,980
$30,000 $6,923
$30,000 $6,200
$30,000 $6,200
$30,000 $7,8�5
$37,690
$36,980
$36,923
$36,200
$36,200
$37,895
Earl F. Andersen, Inc.*
9808 James Circle $30,000 $5,755 $35,755
Bloomington, MN 55431 $30,000 $5,879 $35,879
* Submitted two bids
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
Mr. Kirk stated that as it stands now, the installation would�be
done by the City. He stated that one person has expressed an
- interest in assisting with the installation of the equipment. He
stated that it is expected the equipment would be installed about
the first part of June.
MOTION by Councilwoman Jorgenson to award the contract for the Rice
Creek playground equipment, Project No. 278, to Minnesota/Wisconsin
FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 10
Playground, Inc. in the amount of $30,000. Seconded by Council-
woman Bolkcom.
Councilman Billings asked if this item was in the Five Year Capital
Improvement Plan. �
Mr. Kirk stated that it is in the Five Year Capital Improvement
Plan, and the total allocated for this park was $35,000 for the
playground equipment and work on the court surface. He stated that
the court surface would be about $5,000 to $8,000, and he has been
told verbally from the owner of the Rice Creek Townhomes that he
would contribute $5,000.
UPON A VOICE Vt3TE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Pro Tem Schneider declared the motion carried unanimously.
Mayor Pro Tem Schneider stated that he would like the residents to
participate in the installation of the equipment.
Councilwoman Bolkcom suggested that all neiqhboring residents
participate, not only those from the townhomes. She thought that
perhaps the block captains could promote this idea to make it a
community effort and possibly, even having a social gathering.
18. FIRST READING OF AMENDMENT TO RENTAL INSPECTION ORDINANCE:
Mr. Burns, City Manager, stated that this is a proposed ordinance
amendment to deal with current difficulties the City is having in
the rental inspection program. He stated that there is an absence
of cooperation from apartment owners in providing representatives
or apartment staff on rental inspections. He stated that the
alternative is to make appointments with each renter which slows
down the program and forces inspections in the evening and on
weekends.
Mr. Burns stated that the proposed amendments would require owners
or their agents to accompany the City's rental inspectors; require
owners or their agents to provide access to the units; require
owners or their agents to notify tenants of pending inspections;
and require the City to give a minimum of one week's notice to
owners. He stated that the expected benefits from this change is
to reduce the City's liability, provide accessibility to units, and
better direct communication with the owner or his representative.
Councilman Billings asked if the proposed amendment was new
language or replacement language.
Mr. Larson, Deputy Fire Chief, stated that the language in the
present ordinance does not address the owner or his representative
accompanying the inspector. He stated that there is one owner that
is not cooperating with the City on these rental inspections.
FRIDLEY GITY COUNCIL MEETING OF MARCH 20� 1995 PAGE 11
Councilman Billings felt that the ordinance should not be changed
to accommodate one owner when the City is receiving cooperation
from all the others.
Councilman Billings felt that the ward "agent" had to }fe more
clearly defined. He asked if an owner lives out of state and did
not have an employee or representative, if he would have to come
to Fridley for the inspection of his building.
Mr. Burns stated that the City plans to be reasonable and accommo-
date those situations. He stated that the inspections are done
once every four years. He felt that if an owner is out of town,
he would have a representative that the City could contact.
Mr. Gregg Herrick, Assistant City Attorney, stated that the owner
could designate someone to be his agent, as far as negotiating the
times for the inspections.
Mayor Pro Tem Schneider felt that Councilman Billings had a valid
point. He stated that the literal interpretation is that a seven
day advance notice is provided and, technically, the City could
notify a person who is out of town to be present in seven days for
the inspection.
Councilman Billings stated that since the City has had only a
problem with one owner, he would like to take a wait and see
approach. If they have a tremendous problem in obtaining access
to units, then it becomes a situation that requires action.
Ms. Dacy, Community Development Director, stated that two new
sentences were added ta this proposed amendment.
Councilman Billings stated that it seems the current language
covers the situation of an uncooperative owner. He stated that he
did not feel that adding the additional language would change the
enforcement as a court order could be obtained.
Mr. Herrick felt that the added language would be beneficial for
the City in the event this would go to court.
Mayor Pro Tem Schneider questioned if the City is accomplishing
what was intended when the rental ordinance was adopted. He
questioned if there was reasonable enforcement on some of the more
minor items.
Mr. Larson stated that they cannot ignore items that are illegal
and against the codes. He stated that ?f_illegal extension cords
are being used, it is not the owner's responsibility, but it is the
tenant�s.
Councilman Billings stated that his problem is not necessarily the
level of inspection, but he is uncertain that the added language
FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 12
would give better results than the current language. He felt that
if this becomes a serious problem, the City would need to adogt
more stringent language.
Councilwoman Bolkcom asked why the City is not obtaining � court
order.
Mr. Larson stated that the City needs to obtain a search warrant
from the court, and then have a police officer serve it.
Councilman Billings stated that if that is the case, there should
be language that if the owner does not cooperate, the City would
obtain a search warrant, and all costs associated with this action
will be assessed to the property owner.
Mayor Pro Tem Schneider asked if the City had met with the owner.
Mr. Burns stated that he had conversations with three owners. He
stated that Mr. Belgarde, Sr. and Mr. Belgarde, Jr. agreed to
review some of the less serious items, but they stood firm in not
providing someone to accompany the City inspector on these
inspections. He stated that he has not been in contact with
Mr. Yaffe. He stated that he agrees with Councilman Billings'
statements, but the problem is here. He stated that there are
about 360 units at Springbrook. About half the units have been
inspected, and there are a lot of problems.
Councilwoman Jorgenson felt that "representative" had to be
defined. She believed that the City needs a more stringent
ordinance, and any costs associated with the enforcement should be
assessed to the owner. She suggested that perhaps the occupancy
permits could be removed.
Councilwoman Jorgenson asked if a search warrant would be required
for each of the units.
Mr. Herrick stated that a substantial effort would have to be made
to locate the occupant of the units.
Mayor Pro Tem Schneider asked if the ordinance remains the same,
if it would be extremely difficult to obtain a search warrant.
Mr. Herrick stated that it definitely would be costly. He felt
that perhaps any new language could be structured that the court
require the landlord be present to assist with the inspections.
Councilwoman Bolkcom asked if it would make a difference in the
enforcement if the two proposed sentences were added to the
ordinance.
Mr. Herrick stated that it would provide a backup, and the City
could obtain a search warrant and a court order requiring the owner
FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1995 _ PAGE 13
to comply and assist in the inspections. He stated that the City
could possibly get an order that would cover more than one unit.
Councilman Billings stated that he does not feel comfortable with
a first reading of this ordinance and would like staff to make some
changes.
MOTION by Councilman Billings to table this item and refer it back
to staff for review and submission at a 2ater date. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Pro Tem Schneider declared the motion carried unanimously.
19. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there are two items to be
discussed informally after this meeting. He stated that one item
pertains to the four-plex on 57th Place, and the other item
concerns improvement costs for Stonybrook Creek.
ADJOURNMENT:
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Pro Tem Schneider declared the motion carried unanimously and the
Regular Meeting of the Fridley City Council of March 20, 1995
adjourned at 10:22 p.m.
Respectfully submitted,
Carole Haddad Dennis L. Schneider
Secretary to the City Council Mayor Pro Tem
FOfm NO. A. F. 4— Notice tn Ciark nf ManN.,n nf R.,��.a ..� o.,.,:,.... .r_.._r. w�.
- — - -- • ---�--• �y......�..,...... -�.v rvu�ner,
� OFFiCE OF C4UNTY ASSESSOR
�
TO THE CIERK OF THE City pF Fridle
. Anoka COUNTY, MINNESOTA:
NOTiCE IS HEREBY GIVEN, That the Tenth day of Aprii, 1995
at 7: 3Q o'ciock P• M., has been fixed as the date for the meeting of the Board of Review—
� � (Strike out one}
'Equalization—in your _ City for said year. This meeting should be held in your office as provided by law.
Pursuant to the provisions of Minnesota Statutes Section 274.03, you are required to give notice of said meeting
by publication and posting, not iater than ten days prior to the date of said meeting.
Given under my hand this Thirteenth day of Februar �9 95
� _
f_ ,
i
C nty Assesso �
Anoka County, Minnesota
Applies oNy to Cities whose charter provides for a Board of Equ�l�za!lon instead ot a Board oi Review. i
1.01
CTTY OF FRIDLEY
OFFICTAL PUBLICATION
ASSESSMENT NOTICE
NOTICE IS HEREBY GIVEN, that the Board .of Review of the City of
Fridley in Anoka County, Minnesota, will meet at the Fridley
Municipal Center, 6431 University Avenue Northeast, in said City
on Monday the lOth of April, 1995 at 7:30 P.M., for the purpose of
reviewing and correcting the assessments of said City of Fridley
for the year of Z995.
All persons considering themselves aggrieved by said assessment or
titho wish to complain that the property of another is assessed too
low are hereby notified to appear at the said meeting and show
cause for having such assessments corrected.
No complaint that another person is assessed too low will be acted
upon until the person so assessed, or his agent, shall have been
notified of such complaint.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500 no later than April 4,
Z995.
Given ur.der my hand this 20th day of March, 1995.
William A. Champa
City Clerk
Published: March 28, Z995 Focus News
April 4, 1995 Focus News
1.02
�/is;A� `�^�
,,i,, :,;
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� ,.
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Y�,r•_'
��ti �
..
DATE APRIL
FROM LT. ZI
SUBJECT
POLICE DEPARTMENT
C�ty of F��ai�y
Minnesota
SECOND READING OF A PROPOSED
ORDINANCE CHANGE TO CHAPTERS
11 AND 103
RECOMMENDATION
MEMORANDUM
TD
BILL BURNS, CITY MANAGER
�
First Reading of the attached ordinance change occurred at the
March 20, 1995 meeting. Staff recommends that the City Council
approve the second and final reading of the attached ordinance
approving the changes and addition of fees.
2.0�
INFO
ORDINANCE N0.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE,
CHAPTER 103, ENTITLED "DANGEROUS WEAPONS", BY ADDING
SECTION 103.06� "FEES", AND RENUMBERING THE REMAINING
SECTIONS CONSECUTIVELY, AND AMENDING CHAPTER 11,
"GENERAL PROVISIONS AND FEES", 103, FOR FIRE ARMS
CHAPTER 103. DANGEROUS WEAPONS
103.06 FEES �
Permit fees shall be as provided in Chapter 11 of this Code.
CHAPTER 11. GENERAL PROVISIONS AND FEES
103 Fire Arms
Permit to Carry $10.00
Permit to Discharge $25.00
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF _ _ , 1995.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
First Reading: March 20, 1995
Second Reading:
Publish: __
2.02
WILLIAM J. NEE - MAYOR
POLICE DEPARTMENT
Gity of Fridley
Minnesota
TO:
FROM:
SUBJECT:
DATE:
MEMOI�:ANDUM
WILLIAM W. BURNS ,�`�
GARY LENZMEIER ��,
CURFEW ORDINANCE CHANGE
April 7, 1995
Attached is the proposed ordinance change on Curfews. It is similiar to ihe ordinance
adopted by Hennepin County and likely to be adopted by Anoka County. You will note
that it is much more comprehensive than our current Curfew Ordinance. This is to
comply with recent court decisions regarding curfews. If Anoka County adopts a
countywide ordinance that is substantially different than this proposed change, we can
make a decision at that time to repeal our ordinance or continue to use it. It was on
the March 20th, 1995 Council Agenda for a first reading.
Staff recommends that the City council approve the second and final reading of the
ordinance so that it will be in place for the proposed start of "4peration Safety Net".
3.01
Ordinance No.
ORDINANCE REPEALING CHAPTER SO1 OF THE
FRIDLEY CITY CODE IN ITS ENTIRETY,
ENTITLED "CURFEW", AND ADOPTING A NEW
CHAPTER 801 ENTITLED "CURFEW".
SO1.01 FINDINGS AND PURPOSE
1. In recent years, there has been a significant increase in juvenile victimization and crime. At the
same time, the crimes committed by and against juveniles have become more violen� A significant
percentage of juvenile crime occurs during curfew hours.
2. Because of their lack of maturity and experience, juveniles are particularly suscept ible to becoming
victims of older perptrators. The younger the person is, the more likely he or she is to be a victim of
crime.
3. While parents have the primary responsibility to provide for the safety and welfare of juveniles,
Fridley also has a substantial interest in the safety and welfare of juveniles. Morever, the City of
Fridley has an interest in preventing juvenile crime, promoting parental suprvision, and providing for
the well being of the general public.
4. An updated and enforceable curfew ordinance will reduce juvenile victimization and crime and will
advance public safety, health, and general welfare.
801.02 DEFIMTIONS
1. "Juvenile" means a person under the age of eighteen (18). The ierm does not include persons under
18 who are married or have been legally emancipated.
2. " Parent" means birth parents, adoptive parents, and step parents.
3. "Guardian" means an adult appointed pursuant to Minn. Stat. 525.6155 or 525.6165 who has the
powers and responsibilities of a parent as defined by Minn. Stat. 525.619.
4. "Responsible adult" means a person over the age of eighteen (18) speciFcally authorized by law or
by a parent or guardian to have custody and control of a juvenile.
5. " Public Place" means any place to which the public or a substantial group of the public has access
and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities, and shops.
6. "Emergency" means a circumstance or combination of circumstances requiring immediate action to
prevent property damage, serious bodily injury, or loss of life.
7. "Serious bodily injury" means bodily injury that creates a substantial risk of death, serious
permanent disfigurement, or protracted loss of impairment of the function of any body part or organ.
8. "f�.�?�3hment" means any privately owned place of business to which the public is invited,
including but not limited to any place of amusement, entertainment, or refreshment.
9. "Proprietor" means any individual, firm, association, partnership, or corporation operating,
managing, or conducting any establishment. The term includes the members or partners of an
association or partnership and the officers of a corporation.
3.02
801.03 PROHIBITED ACTS:
1. It is unlawful for a juvenile under the age of 16 to be present in any public place or establishment
within the City of Fridley:
A any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and
5:00 a.m. of the following day.
B. any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day.
2. It is unlawful for a juvenile, age 16 or 17 to be present in any public place or establishment within
the City of Fridley:
A any time between the 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
and 5:00 a.m. the following day.
B. any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday.
3. It is unlawful for a parent or guardian of a juvenile knowingiy, or through negligent supervision, to
permit the juvenile to be in any public place or establishment within the City of Fridley during the
hours prohibited in paragraphs A and B of this section.
4. It is unlawful for a proprietor of an establishment within the City of Fridley to knowingly permit a
juvenile to remain in the establishment or establishment's property during the hours prohibited in
paragraphs A and B of this section.
If the proprietor is not present at the time of the curfew violation, the responding officer shall leave
written notice of the violation with an employee of the establishment. A copy of the written notice
shall be served upon the establishment's propritor personally or by certified mail.
801.04 DEFENSES
1. It is an af�rmative defense for a juvenile to prove that:
A the juvenile was accompanied by his or her parent, guardian, or other responsible adult.
B. the juvenile was engaged in a lawful employment activity or was going to or returning home
from his or her place of employment.
C. the juvenile was involved in an emergency situation.
D. the juvenile was going to, attending, or returning home from an offical school, religious, or other
recreational activity sponsored and/or supervised by a public entity or civic organization.
E. the juvenile was on an errand at the direction of a parent or guardian.
F. the juvenile was exercising First Ammendment rights protected by the United States constitution
or Article 1 of the Constitution of the State of Minnesota.
G. the juvenile was engaged in interstate travel.
H. the juvenile was on the public right of way boulevard or sidewalk abutting the property
containing the juvenile's residence or abutting the neighboring propeRy, structure, or residence.
3.03
2. It is an aft7rmative defense for a proprietor of an establishment to prove that:
A. the proprietor or employee reasonably and in good faith relied upon a juvenile's representations
of proof and age. Proof of age may be establishe puruant to Minn. Stat. 340A.503, subd. 6, or
other verifiable means, including but not limited to, school identification cards and birth
certificates.
B. the proprietor or employee promptly notified the City of Fridley police department that a
juveniie was present on the premises of the establishment during curfew hours/.
801.05 PENALTY
Violation of this ordinance is a misdemeanor.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS
DAY OF
ATTEST:
WILLIAM A. CHAMPA - CTTY CLERK
First Reading:
Second Reading:
Publish:
3.04
WILLIAM J. NEE - MAYOR
CITY OF FRIDLEY
PLANNING COMMI83ION MEETING, MARCH 15, 1995
CALL TO ORDER'
Chairperson Newman called the March 15, 2995, Planning Commission
meeting to order at 7:34 p.m.
ROLL CALL•
Members Present:
Members Absent:
Dave Newman, Dave Kondrick, Diane Savage,
Brad Sielaff, Dean Saba
LeRoy Oquist, Connie Modig
Others Present: Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Judith Konseln, 5828 2 1/2 Street N.E.,
Fridley, Minnesota
Al & Kathy Roesler, 5955 - 3rd Street N.E.
Martin & Emily Dykhoff, 5810 - 3rd Street
N.E.
Terry Hart, 6000 - 3rd Street N.E.
Delores DeMars, 1130 N.E. Fireside Drive
Joyce Trehisonsky, 4525 Ewing North,
Robbinsdale, Minnesota
Bruce Boegel, Holiday Plus
A1 Brama, 1699 Radisson Road, Blaine, MN
APPROVAL OF FEBRUARY 15 1995 PLANNING COMMISSION MINUTES:
MOTION by Mr. Saba, seconded by Ms. Savage, to approve the
February 15, 1995, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
APPROVAL OF AGENDA:
Mr. Newman stated the Lyndale Terminal Company had asked that
their request for special use permit, SP #95-03, for Holiday Plus
be tabled until April. Therefore, the public hearing will not be
conducted.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the
agenda as amended.
UPON A VOICE VOTE, ALL VOTING AYE,
THE MOTION CARRIED IINANIMOUSLY.
4.01
NEWMAN DECLARED
� ��
PLANNING COMMISSION MEETING, MARC$ 15, 1995 __PAGE 2
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, #95-
04. BY ALBERT BRAMA FOR AUTO-TECH RESOURCES:
Per Section 205.17.O1.C.(9) of the Fridley City Code, to
allow an auto repair garage to be located on Lot 3, Block 1,
Central View Manor 2nd Addition, generally located at 1175 -
73 1/2 Avenue N.E.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the
reading of the public hearing notice and to open the public
hearing.
OPON A VOICE oOTE, ALL VOTING AY$, CHAIRPER80N NE�MAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:38 P.M.
Mr. Hickok stated the request is for a special use permit for an
auto body repair shop located at 1175 - 73 1/2 Avenue. The
property is zoned M-1, Light Industrial. The property is located
north of 73 1/2 Avenue and east of Highway 65. The surrounding
properties are zoned commercial towards Highway 65. There is M-
1, Light Industrial, zoning to the east. To the north is a mix
of mobile home residential and also a small retail property.
Mr. Hickok stated in July, 1994, the City Council approved a
to allow the creation of a new structure for Rite-Way Mobile
Repair. This structure is 13,000 square feet and would
accommodate the Rite-Way Mobi2e Home Repair business as well
possibly two other tenants.
plat
Home
as
Mr. Hickok stated this request is to allow a body shop to be
constructed within this multi-tenant building. The body shop
would be in the easterly portion of the building and would
utilize the rear screened storage area constructed at the time of
the original construction. That area has a privacy fence to
screen the area from the adjacent properties. The property has
been landscaped and there is a parking area for customers and
employees to the south which is the front of the building.
Mr. Hickok stated the Sign Code requires that multi-tenant
buildings with three or more tenants are required to comply with
the sign criteria so we have a consistent package for signage.
This tenant would be asked to comply with these requirements.
Mr. Hickok stated the petitioner would be required to comply with
Chapter 18 which relates to the licensing and business
specifications for a body shop including the criteria for
ventilation, spray booth operation, and gives specifics for the ��-,
fees and procedure for licensing. As part of this, there would }-�-=--
be a license investigation by the police department which is
standard procedure and which must be in place. Staff is asking
this be done before the request goes to the City Council.
4.02
PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE 3
Mr. Hickok stated to the west of the subject property a multi-
tenant auto mall that had been proposed. Some of the
stipulations come �rom that request. To the north, there is a
residential district. The stipulation stating there be no repair
before 7:00 a.m. or after 9:00 p.m. would mean fewer implications
to the property owners to the north. Since a stipulation was
used for that project, staff felt it appropriate for this use
also.
Mr. Hickok stated staff has reviewed the request and recommends
the Planning Commission recommend approval of the request with
the following stipulations:
1. The petitioner and his successors shall comply with all the
M-1 Requirements for outdoor storage.
2. Al1 signs shall comply with the City Sign Code and Sign
criteria approved by the City Council for this building.
3. The petitioner or successors shall comply with all
provisions of Chapter 18 of the City Code.
4. There shall be no storage of junk or inoperable vehicles
visible to the public right-of-way.
5. There shall be no body damaged vehicles or vehicles missing
body component parts visible to the public right-of-way.
6. No vehicle display or sales shall be permitted on this site.
7. Auto body repair and painting tenants shall comply with EPA
regulations to control odor emissions and hazardous
materials.
8. There shall be no repair of automobiles before 7:00 a.m. or
after 9:00 p.m.
9. The petitioner shall comply with all Fire Department
regulations.
10. The petitioner shall apply for and receive permits for the
spray booth and flammable liquid storage.
11. Issuance of the special use permit sha1Z be contingent on
approval of the County's hazardous waste generator's license
and }he City's Motor Vehicle Body Repair license.
Mr. Kondrick asked how many square feet would be occupied by this
business.
4.03
PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE_4
Mr. Hickok stated this business would occupy 4,300 square feet.
Mr. Sielaff stated he had questions regarding the required
permits. Stipulation #7 requires compliance with EPA
regulations. Does this mean the petitioner must get a permit?
How is this regulated?
Mr. Hickok stated the County is the local authority for hazardous
waste generators. The State also has to sign off on the
operation of the auto body repair. They check that the emission
standards are appropriate. All of the inspection for these
different items are standard for all body shops and are
inspections that are primarily performed by the County.
Mr. Kondrick asked if the City followed up to see that the County
and State have checked the operation.
Mr. Hickok stated the City signs off on the use at least for the
County hazardous waste generator. As far as the EPA odor
emissions, he thought the City received verification but the City
did not sign off. He would have to follow up to be sure.
Mr. Sielaff stated he would like to know if this
permit from the MPCA. There is a permit by rule
allowed to do it without permit. He wondered if
requires an individual permit.
requires a
where they are
a body shop
Ms. McPherson stated she had spoken with the County's hazardous
waste person. The petitioner is required to get a State EPA
number for generating hazardous waste so there is an.application
process for the handling and storing ha2ardous materials. This
number is required before getting a hazardous waste generator's
license from the County. The County does the inspections and
works with the applicants to make sure the paperwork is filled
out and that they comply with the State requirements.
Mr. Sielaff asked if it was up to the County to enforce.
Ms. McPherson stated yes. However, the fire department also has
a permit which needs to be filled out at the local level, and
they make sure the storage is proper.
Mr. Sielaff asked what the difference was between the fire
department permit and that of the County.
Ms. McPherson stated the fire c��rtment is looking at the
storage. The County and the E�r are of in charge of generating
lists of the hazardous chemical that are being handled, the type
of waste, how much waste, and whether the waste is or is not
hazardous. It sounds as if they must take a strong inventory of
what is being disposed.
4.04
PLANNING COMMISSION MEETING, MARGH 15. 1995 PAGE 5
Mr. Sielaff stated the other issue is the odor emissions. He
asked if there were other paint booth operations in the City and
if there was anything different about how those operations.
Mr. Hickok stated there are other paint booth operations, some of
which are close to residential areas. This is consistent with
what other body shops have done and there is an annual review.
If there are any issues of compliance, that would come up also.
Mr. Brama stated he had no additional comments. He wants to move
his operation to Fridley to get closer to home.
Mr. Kondrick asked if he had any problems with the stipulations.
Mr. Brama stated he had no questions. He has already gone
through this.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:48 P.M.
Mr. Kondrick stated he had no problem with the request. The
stipulations are well thought out and appropriate for the
facility and the location. It seems that consideration has been
taken for the neighbors close by for their protection and for the
other tenants in the building. He would recommend approval.
MOTION by Mr. Kondrick, seconded by Ms. Savage, to recommend
approval of Special Use Permit, SP #95-04, by Albert Brama for
Auto-Tech Resources to allow an auto repair garage to be located
on Lot 3, Block 1, Central View Manor 2nd Addition, generally
located at 1175 - 73 1/2 Avenue N,E., with the following
stipulations:
1.
2.
3.
4.
5.
The petitioner and his successors shall comply with all the
M-1 Requirements for outdoor storage.
All signs shall comply with the City Sign Code and Sign
criteria approved by the City Council for this building.
The petitioner or successors shall comply with all
provisions of Chapter 18 of the City Code.
There shall be no storage of junk or ino�a_ble vehicles
visible to the public right-of-way. -�--y
There shall be no body damaged vehicles or vehicles missing
body component parts visible to the public right-of-way.
4.05
PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE 6
6. No vehicle display or sales shall be permitted on this site.
7. Auto body repair and painting tenants shall comply with EPA
regulations to control odor emissions and hazardous
materials.
8. There shall be no repair of automobiles before 7:00 a.m. or
after 9:00 p.m.
9. The petitioner shall comply with all Fire Department
regulations.
10. The petitioner shall apply for and receive permits for the
spray booth and flammable liquid storage.
11. Issuance of the special use permit shall be contingent on
approval of the County's hazardous waste generator's license
and the City's Motor Vehicle Body Repair license.
UPON A VOICE VOTE, WITH MR. NEWMAN, MR. RONDRICR, M$. BAVAGE AND
MR. SABA VOTING AYE AND MR. SIELAFF ABSTAINING, CHAIRPBRSON
NEWMAN DECLARED THE MOTION CARRIED.
Mr. Hickok stated the City Council would review this request on
April 17. �
2. CONSIDERATION OF A SPECIAL USE PERMIT, SP #95-03, BY �,YNDALE
TERMINAL COMPANY:
Per Section 205.15.02.C.(11) of the Fridley City Code, to
allow garden centers or nurseries which require outside
display or storage of inerchandise, on Lot 1, Block 1,
Holiday North lst Addition, generally located at 250 - 57th
Avenue N.E. (Holiday Plus Store)
Mr. Newman stated a public hearing had been scheduZed for this
date. Since the petitioner has requested the item be tabled,
when would the public hearing be rescheduled?
Mr. Hickok stated the petitioner has requested 30 days to address
some of the City's concerns. At this point, it looks as if this
request would be heard on April 24. All appropriate parties will
be re-notified at that time.
3. CONSIDERATION OF A VACATION REOUEST, SAV #95-01. BY THE CITY
OF FRIDLEY•
.:��>vacate all that part o� the egress road from T.H. 47
`(Uriiversity Avenue, lying over Lots 29 and 30, Block 12,
Hyde Park, in order to construct a single family home on the
property, generally located at 5900 - 3rd Street N.E.
4.06 �
PLANNING COMMISSION MEETING MARCH 15 1995 PAGE 7
Ms. McPherson stated the request is generally located in the
block of 3rd Street. It is located very close to the
intersection of 3rd Street and 60th Avenue N.E. The request
would vacate that portion of the slip-off road from the west
line of University Avenue to the 3rd Street curb line.
5900
curb
Ms. McPherson stated the City chose, in 1969, to provide an
access to the commercial properties located along the westerly
boundary of University Avenue. At that time, the city moved to
acquire the property at 5981 - 3rd Street which is composed of
two legally described iots, Lots 29 and 30 of Block 12, Hyde
Park. There was a dwelling located on the property at that ti�e.
The age oF that dwelling was undetermined. The first permit of
record in the address fiie was issued in 1965 to re-roof the
structure due to storm damage. In 197I, the City moved to
condemn the property to provide access to commercial properties
along 3rd Street. This decision occurred as a result of a study
done in 1969. The condemnation did not occur as the property
owner chose to sell the property to the City to complete the
improvement. The slip-off road was constructed as part of a
public improvement project in.1970 and 2971. Properties assessed
for the project including those fronting both sides of 3rd Street
and those on the east side of 2 1/2 Street.
Ms. McPherson stated, at this time, the City owns the two lots
which the road crosses so this request is unique in the fact that
we are not asking to vacate a dedicated right-of-way. The City
Attorney advised that, because public use has been established
over this particular property, it was best to process a formal
vacation request to allow for public comment and testimony.
Ms. McPherson stated the City, in�October 1994, purchased 5973 -
3rd Street which is located just south of the subject parcel. On
this parcel was Custom Mechanical which was the original
commercial property in Hyde Park. The purpose of purchasing this
property was to remove the commercial building and to sell the
property for a single family dweZling. This would fulfill the
purpose of Hyde Park which is to promote residential
redevelopment in this particular part of the City. If the
vacation request is approved, the City intends to sell this
property to allow construction of a single family dwelling. As
part of the vacation, the City would remove the blacktop from the
curb line oi Highway 47 to 3rd Street, reseed the area, and widen
3rd Street to a full two-way width. 60th Avenue would have a new
curb line and access would still be available to those persons
using the alley locatec��e�ween University Avenue and the
residences north of the subject parcel.
Ms. McPherson stated the Engineering Department has determined
that there are a number of drainage improvements which will need
to occur to assure that the street and subject parcel will drain
4.07
PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE 8
properZy. The original public improvement project for 1970
included approval from the Minnesota�Department of Transportation
(MnDOT). Staff has had conversations with MnDOT and the City has
some iegal paperwork to complete to officially close the access
from MnDOT. Once the pavement has been removed and
reconstructive work has been completed, the City intends to
install a fence along University to completely close access and
will devise additional screening similar to what is currently
along th� westerly fence line of University Avenue.
Ms. McPherson stated staff recommends the Planning Commission
recommend approval of the vacation request to the City Council
with the following stipulations:
1. Access shall be returned to MnDOT via a Quit Claim Deed.
2. 3rd Street and 60th Avenue shall be reconstructed to provide
improved traffic flow and aesthetics.
Mr. Kondrick stated, when the access road was first constructed,
properties were assessed for the improvements. Will there be any
assessments when this is closed?
Ms. McPherson stated no.
Mr. Newman stated the site plan indicates a green area to the
north of the proposed parcels. Who owns this area?
Ms. McPherson stated this property is currently part of the
right-of-way. The City would continue to use this area for snow
storage. She estimated the width of area to be 60 feet.
Mr. Newman suggested using this property to enlarge the lots to
make the lots more buildable.
Ms. McPherson stated the lots are currently 10,000 square feet.
Because the two lots are already individual tax parcels, the City
wanted to reduce the expense required by replatting.
Mr. Newman stated the right-of-way is 60 feet. The lots are 40
feet. He suggested that, if the lots were 50 feet and there were
constructed single Zevel tawnhomes, the City might get more value
from the lots.
Ms. McPherson stated this may be an option. It would however
require rezoning or granting a variance. ��.
Ms. Roesler stated they lived next to the Custom Mechanical
property. Staff stated the City was going to reseed. What is
going to happen to the Custom Mechanical property? It is a mess.
, � .
PLANNING COMMI3SION MEETING, MARCH 15, 1995 PAGE 9
Ms. McPherson stated, when the structure was torn down, it was
very late in the year. As part of demolition contracts with the
City, one stipulation is that the demolition contractor needs to
reseed or resod the property. The contractor will be reseeding
this spring.
Ms. Roesler asked if the construction of the fence would include
the Custom Mechanical property also.
Ms. McPherson stated at this time staff has not Iooked at this.
Mr. Kondrick asked if the fence stops before the Custom
Mechanical property.
Ms. Roesler stated Custom Mechanical was their security fence.
Now, pedestrians are going across their•yard like the freeway.
She spoke with Ms. Dacy about it who said the City might be able
to put up some type of fence to give them the privacy they are
used to. The property is accumulating garbage because the
children are using it for a playground.
Mr. Kondrick felt this would stop when a building goes up. He
did appreciate the fact that this can be a collection point for
kids.
Ms. Roesler asked how soon the access would be closed off.
Ms. McPherson stated, regarding the fence, a decision has not
been made. There is an opportunity for comment to the City
Council at the public hearing. Regarding the timing to close the
access, it will take April and May�to get through the vacation
process. The Engineering Department has been notified that this
is to be included in the 1995 street projects. At this point she
cannot give a definite date. The City will do what they can to
expedite the construction. -
Ms. Roesler stated their yard has been torn up making it
difficult to mow their yard.
Ms. McPherson stated, regarding the demolition, staff will make
sure the contractor gets out there as soon as possible.
Mr. Saba asked if they felt the problem in that area would slow
down when the access is taken out.
Ms. Roesler stated she did not know. She sees a lot of you�...,i
people cutting across University Avenue, jumping the fence"�-�-�-
going down to 60th. The litter is a problem.
Mr. Newman asked her opinion about closing the access.
4.09
PLANNING COMMISSION MEETING, MARCH 15, 1995 _ PAGE 10
Ms. Roesler stated she was okay with cutting off the access.
Some mornings there is a lot of traffic going by. When
University Avenue traffic slows, drivers will use the slip-off to
go down Third to the traffic signaZ to have access to the freeway
more quickly.
Mr. Sielaff asked if this project would be done this year.
Ms. McPherson stated it is the City's intent to have this done
this year. The City would like to dispose of the properties as
soon as possible. Staff will take all public comment into
consideration.
Ms. Konseln stated she has lived in the area for 24 years and
plans to stay. She has used the access road for all the 24 years
she has lived there and she does not want to see that road closed
off.
Mr. Kondrick asked how she would get home if the access were
closed.
Ms. Konseln stated she would have to go down 60th or 61st. There
are other ways but those are longer.
Mr. Kondrick asked her opinion about the traffic being slower or
there being fewer cars.
Ms. Konseln stated it does not bother her one way or another.
She knows a lot of people who use that road and really like it.
Mr. Dykhoff stated he would like to see that intersection torn
up. It is a dangerous intersection. At 3rd Street, only one car
can get through there. He would approve of taking the slip-off
out. •
Mr. Saba stated he thought that would reduce the traffic in that
area.
Mr. Dykhoff stated he does not use the slip-off. Traffic that
does use it comes through there at 40 miles per hour.
Mr. Roesler stated he recommended taking out the slip-off
because, at the stop sign, the street is narrow. In the winter
with the snow, there is only enough room for one car to go
through that narrow strip. There is a lot of heavy truck traffic
through the�:. The trucks go down 3rd Street to get to park by
the Hardee's Restaurant on 3rd Street.
Mr. Kondrick asked if Mr. Roesler had seen semi trucks going
through there.
4.10
PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE 21
Mr. Roesler stated yes, there are semis that come through there.
Traffic does not stop at the stop sign. There will be an
accident at that area. Also, cars come off the slip-off and turn
right to go north. The slip-off was designed for traffic to go
south.
Mr. Saba stated it is something long overdue. There is much we
have to do for that area. This is a big first step in making
this a better, quieter and safer neighborhood.
Ms. Savage agreed.
Mr. Kondrick agreed. He is in favor of the closure of the slip-
off as well.
Mr. Saba asked if the City could do more plantings along the
green area to separate the area from 60th and give the area more
of a neighborhood feeling. .
Ms. McPherson stated they could add some trees.
Mr. Saba stated, if a business were there, the City would require
some trees or plantings. He thought the City should consider
doing this.
Mr. Newman stated the City Council and the City has made a
decision to make this should become a residential area and to do
what we can to reach that goal. This is consistent for the
planning direction for this area. �
Mr. Kondrick asked if 3rd Street will be widened.
Ms. McPherson stated the street wili be widened by the two lots.
The street was narrowed originally with the intention to make it
a one-way street. The section by the two lots will be widened to
make it match what is existing.
MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend
approval of Vacation Request, #95-01, by the City of Fridley, to
vacate all that part of the egress road from T.H. 47 (University
Avenue, lying over Lots 29 and 30, Block 12, Hyde Park, in order
to construct a single family home on the property, generally
located at 5900 - 3rd Street N.E., with the recommendations as
presented and with the following stipulations:
1. Access shall be returt� �o MnDOT via a Quit Claim Deed.
2. 3rd Street and 60th Avenue shall be reconstructed to provide
improved traffic flow and aesthetics.
4.11
PLANNING COMMISSION MEETING. MARCH 15, 1995 PAGE 12
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated the City Council will be establishing a new
public hearing for April 17: Notices will be sent.
4. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION
MEETING OF FEBRUARY 6, i995
MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the
Parks & Recreation Commission minutes of February 6, 1995.
UPON A VOICE VOTE, ALL VOTING AYE, C�iAIRPER80N NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
5. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
MEETING OF FEBRUARY 9, 1995
MOTION by Ms. Kondrick, seconded by Ms. Savage, to receive the
Housing & Redevelopment Authority minutes of February 9, 1995.
OPON A VOICE VOTE, ALL VOTING AY$� CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
ADJOURNMENT
MOTION by Mr. Kondrick,•seconded by Ms. Savage, to adjourn the
meeting. .
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE MARCH 15� 1995� PLANNING COMMISSION
MEETING ADJOURNED AT 6:15 P.M.
Respectfully submitted,
U � ��
Lavonn Cooper
Recording Secretary
4.12
S I G N- IN S H E E T
PLANNiNG COMMIBSION MEETING, Wednesday, March 15, 1995
Name Address/Business
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4.13
r �►
�
�
DATE:
TO:
FROM:
SUBJECT:
Community Development Department
PLANNING DIVISION
April 6, 1995
William Burns,
City of Fridley
City Manager �
�
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Establish a Public Hearing for a Vacation Request,
SAV #95-01, by the City of Fridley
The Planning Commission reviewed the request to vacate the slip-
off road from University Avenue to 3rd Street in Hyde Park at its
March 15, 1995 meeting. The Commission voted unanimously to
recommend approval of the request to the City Council.
The City Charter requires the City Council to conduct a public
hearing for all vacation requests. Staff recommends that the
City Council establish April 24, 1995 as the date of the public
hearing.
MM/dw
M-95-218
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5.02
SiTE PLAN,
CITY OF FRIDLEY
MEMORANDOM
TO: WILLIAM W. BURNS, CITY MANAGER ,�
��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
WILLIAM A. CHAMPA, CITY CLERK
SUBJECT: ESTABLISH A PUBLIC HEARING FOR LONGHORN GRILL FOR AN
INTOXICATING LIGIUOR LICENSE
DATE: APRIL 6, 1995
Longhorn Griil has purchased T.R. McCoys, 7850 University Avenue Northeast, and has
applied for an Intoxicating Vquor License.
Pursuant to Chapter 603 Section .07 of the Fridley City Code, we are required to hold
a public hearing before issuing this license. As a result, we would like to establish a
public hearing for Longhorn Grill on April 24, 1995.
The Police Department is in the process of performing the background investigation on
the Longhorn Grill and those results will be available for the public hearing.
6.01
TO:
FROM:
D�iTE:
SUBJECT:
Engineenng
Sewer
Wa1er
Parks
Streets
Maintenance
William W. Bums, City Manager,���
�
John G. Flora, Public Works Director
���Jon Wilczek, A.sst Public Works Director
�.�,
April 10, 1995
PW95-085
1995 Removal and Replacement of Miscellaneous Concrete Curb, Gutter
and Sidewalk Projec# No. 279
On Wednesday, March 29, 1995, at 10:00 am, bids were opened for the 1995 Removal and
Replacement of Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 279. We
had 14 planholders, seven of which submitted bids for the project. The engineers estimate
for the project was $69,000, including replacement and removal of the 8-in concrete slab
in front of the fire station, which was budgeted as $25,000. Standard Sidewalk, Inc. was
the low bidder for the project. Their bid was $56,930. They had bid $17,000 for removal
and replacement of the 8-in. concrete slab in front of the fire stafion.
Recommend the City Council receive
Replacement of Miscellaneous Concrete
Standard Sidewalk, Inc. for $56,930.
Jw/JGF:cz
Attachments
the bids and award the 1995 Removal and
Curb, Gutter and Sidewalk Project No. 279 to
7.01
��
.,, .
���._ �,
BID FOR PROPOSALS
MISC CONCRETE CURB, GUTTER & SlDEWALK REPAIR, PROJECT NO. 279
WEDNESDAY, MARCH 29, 1995, 10:00 A.M.
Pl.laNHOL;DER ;�1D BOND <. TOTAL BID COMMENTS ::
Standard Sidewalk Graphite 5% $56,930.00
29635 Neal Ave
Lindstrom MN 55045
Gunderson Bros inc Capital 5% $58,400.00
2325 Sneliing Ave
Minnea olis MN 55404
Landmark Concrete Graphite 5% $59,671.00
17630 Highway 65
Ham Lake MN 55304
Advance Concrete Graphite 5% $64,862.00
7438 Upton
Richfield MN 55423
Schmidt Curb Co Old Republic 5% $65,700.00
21504 Ahlstrom Ave
Ro ers MN 55374
Halvorson Construction Co United Fire 5% $73,040.00
1345 157th Ave NE
Anaka MN 55304
North Central Const American Inst. $107,887.50
11331 Westrac Suite 100 5%
Far a ND 58103
Builders Exchange NO BID
300 N Main
Austin MN 55912
Curbmaster Inc NO B!D
10150 101 st St N
Stillwater MN 55082
Independent Curb NO BID
1111 Highway 25 N
Buffalo MN 55313
MN State Curb & Gutter NO BID
6801 W 150th St .� _
A le Valle MN 551'Z4
7.02
BID FOR PROPOSALS (CONT'D)
MISCEI CONCRETE CURB, GUTTER � SIDEWALK REPAIR, PROJECT NO. 279
WEDNESDAY, MARCH 29, 1995, 10:00 A.M.
PLANHOLDER B1D BUNQ ,. ; . `TtJTAL8IQ COMMENTS<. ,
Neeck Construction NO BID
8329 Knollwood Dr
Mounds Uew MN 55112
Ryan Contracting Inc NO BID
8700 13th Ave E
Shako ee MN 55379
Valley Paving NO BID
4'! 05 85th Ave N
Building B Suite 202
7.03
Eng�neer+ng
Sewer
Water
Parks
Sheets
Maintenance
�������� V./ �
TO: William W. Burns, City Manager ,� � PW95-083
�
FROM: John G. Flora, ublic Works Director
DATE: Apri13, 1995
SUBJECT: Award of Contract for 53rd Avenue Water Booster Station Renovation Project
No. 280
On March 15,1995, the City of Fridley received proposals from five firms regarding the 53rd Avenue
booster station renovation project. They consisted of: MSA, Kuusisto, HRW, CDM and RCM
engineering firms. As a result of the proposals, we conducted an interview with three of the firms:
MSA, Kuusisto and BRW. The interviewing panel consisted of Jim Saefke, Paul Lawrence, Jon
Wilczek and I.
MSA $29,090.00
Kuusisto 29,200.00
BRW 29,255.Q0
CDM 32,000.00
RCM 42,620.00
The purpose of the intervieva� was to clarify the request for proposal to ensure all of the firms were
responding to the same issues and all of the items requested were incorporated into their proposal.
As a result of the interview, the panel recommends the contract be avvarded to MSA. Due to their
background in the City's water distribution system as well as their familiarity with the components
of our SCADA system and structures that they developed in the 63rd Avenue booster station, the
Locke Park filter plant and the Commons Park filter plant, we believe that they are extremely capable
of providing the design desired at the not-to-exceed cost presented in their proposal. We also believe
that the amount of staff effort and support vPill be reducc��ause of their familiarity with the Fridley
avater distribution system.
Recommend the City Council award the design and construction inspection contxact for the 53rd
Avenue Water Booster Station Renovation Project No. 280 to Maier Stewart & Associates (MSA).
JGF:cz
8.� �
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CAPITAL IMPROVEMENT PROGRAM
PROJECT AREA
... r. �.... ...... �. :: :
Q ��/a1► �}}�(:kr�c
?iS:=.��.11iK��iT:A�<!�2?:
WATER
;�,::�`::
��� 1995
WATERMAIN AT 68TH 8� WASHINGTON WATER UTILITY (94 ENCUMBERED)
DESIGN TRAC-VAC SYSTEM WATER UTILITY (94 ENCUMBERED)
AT COMMONS
REPLACE TRAC VAC SYSTEM AT COMMONS WATER UTlLITY
DESIGN 53RD 8� JOHNSON BOOSTER STA. WATER UTlLITY
EUMINATE DEAD END LiNE AT HAYES
TO GARFIELD WATER UTILITY
WELL REPAIR- NO'S 3& 11 WATER UTILITY
::�,..�.�..l:<��
�� � 1996
REBUILD $ UPGRADE 53RD 8� JOHNSON
BOOSTER STATION UPGRADE
DESIGN PUMP HOUSE NO. 1 AND
WEU. NO. 1 BOOSTER REPLACEMENT
WELL REPAIR - 4, & 9
iNSPECT 8 REPAIR 3 MG RESERVOtR
(EXTER(OR)
`NIROP IMPACT FILTER PI.ANT WELLHD
���;��;::
1997
TOTAL PROJECT FOR �
WATER UTII.ITY
WATER UTILITY
WATER UTlLlTY
WATER UTILtTY
WATER UTILITY
CAPITAL IMPROVEMENT PROGRAM
REBUILD PUMP HOUSE NO. 1 AND
WELI NO. 1 BOOSTER REPLACEMENT
ELlMINATE DEAD END LINE AT ARTHUR TO
ANOKA ST
WELL REPAIR-10, 12 AND 13
REPLACE CHEMICAL ROOM EQUiPMENT AT
WELLS 12 8� 13
INSPECT & REPAIR'/z AND 1'/z MG TOWERS
` NEW PROJECTS
WATER UTILITY
WATER UTlL1TY
WATER UTILITY
WATER UTtLITY
WATER UTILITY
TOTAL PROJECT FOR : �-�
$.�2
January 30, 1995
25,0OO.OQ
12,000.00
60,000.00
30,000.00 •�
15,000.00
75,000.00
5180.000.00
300,000.00
30,000.00
50,000.00
75,000.00
100.000.00
S 555 .000.00
250,000.00
15,000.00
�s,000.00
25,000.00
50.000.00
$41 �,000.00
Engineenng
Sewer
Water
Parks
Slreets
Maintenance
�������. V � `�./ �
TO: William W. Bums, City Manager t�� PW9S-084
Y �
FROM: John G. Flora, Public Works Director
DATE: April 10, 1995
SUBJECT: MnDOT Resolution
To proceed with the University Avenue bike path along the west side from ?3rd Avenue
north to 85th Rvenue, the MnDOT office requires a resolution supporting a permit for the
bike path in their right-of-way. The attached resolution satisfies their requirement.
Recommend City Council adopt the resolution so that we may proceed with the University
Avenue bike path.
JGF:cz
Attachment
9.01
� _�
;u •
•,�. �
R'ESOLUPIOI�1 l�U. — 1994
•�a-:• t r •• � � n � i:,�,:. v• �.:,i• • •�r i�+ •i- r•,� � •• •�v� •; � � a+�
i _ � • �,�, � . • �:�� �� i � �+•.. � � :� � � : �'�' � �: •�r •,� • � a� �
• •.ty: • 4: � :�+ 1
S�i�RF�AB, on February 27, 1995 the City C�cil approved the sul�ni.ssion of
Minnesota Depart�nt of Transportatiari (MnDOT) permit application for the
referenr.ed bike path project, and
i�EAB, The City has re�ived ISI'EA furid.,s for 50� of the cost of the projec�
not-to-exc�eed $60, 000. 00, ar�d
�'AS, Resolutic� No. 44-1993 authorized t� use of Muni.cipal. 5'�ate Aid Flu�c7s
for this nwnicigal off system bi.k,e path project, ar�d
i�148, the City �il auth�rized the pr�ration of plans ar�d specificatiaris
for the abwe mentianed bike path with the awaxti3 peryding Fedexal. Fiu�dirig of the
P�J�� �
�S, tt�e gatl�ray is propased to be aonstrucied � MnDO►r right-of-iaay on the
t�est side betw�en 73rd Avenue atxl 85th Avemxe, and
�S, N�D�r requ-ires a.Limited Use Permi.t for all r�w facilities to be located
within its rightsrof-way, and
W�S, MnDdI' will advertise the in�rovement arxi awa�l the contract for this
work, and
W�PiS, the City will be responsible for inspec,�tixig the oo�nstxuction and its
share of the it�rov�ment costs.
N�T, T�REFORE, BE IT RE80LVED T�T, the City Cbuncil of the City of Fridley,
At�1t�a �aarYtY► Mir�ta. app�es MnDO►r's Limited Use Pexmit for tY�e vor�struction
of the University Avenue bik�e pathway.
PASSID AUID ADOP� B'�t '1� CI'PY OO�A�i�L OF '� CITY OF FRZDILY 'II�S nAY �'
, 1995.
. ���1
�:'��7�%1 S u M./G ui' � �IYY M�IG .
wrr,r.rn�r J. I�E - N�YOR
9.02
TO: WILLIAM W. BURNS, CITY MANAGER ��
FROM: RICHARD D. PWBYL, FINANCE DIRECTOR
SUBJECT: PROPOSED AMENDMENT TO THE INDENTURE FOR THE 1984
RIVER ROAD INVESTORS COMMERCIAL DEVELOPMENT
REVENUE BOND I5SUE
DATE: Aprii 6, 1995
Attached you will find a resolution dealing with a proposed change that has been requested
by Doherty, Rumble & Butler on behalf of the owners that initiated the River Road
Investors Project. I have also provided a letter I received that was directed to the Mayor
and Council for their information. You might recall that this is the Commercial
Development Revenue Bond Issue that financed the commercial buildings located alongside
East River Road and I-694.
The original amount of the Bonds was $6,190,(�0; since the issuance date the owners have
paid $2,060,000 in principal. The changes made to the Indenture by the Amendment are
basically housekeeping matters that have no impact on the City, but do tend to make the
Bonds more marketable. The Trust Indenture requires the Amendment to be approved by
Council, the Trustee, t1�e Bondholder, and River Road Investors.
Our Bond Counsel has reviewed the documents and has indicated that the primary change
initiated by this resolution is that the calculation of the interest rate on the Bonds changes
to a weekly basis instead of a monthly basis. There are other technical changes that would
take place, but these changes deal with the holding or remarketing of the bonds if they are
ever purchased pursuant to a draw on the letter of credit which secures the bond.
Staff has reviewed the request with Bond Counsel and has no problem with the Amendment
to the Indenture. We have received $2,OQ0 from the applicant to offset any City costs.
RDP/me
Attachment(s)
10.01
DOHERTY
RL:TMBLE
& BUTLER
1'I��)1�1=.SSIUNAL ASSOCIAi'ION
Attorneys at Law
3�00 FifN� Stmet li��rers '_8lR] \tinn��sota 1�`orld Tradc Center Ala,ruder Buildir.; 2370 One Tabo; Center
150 South Pifth Street 30 Ea:t Seventh Street l6_'? ��1 Strect. A��. 1200 Se��rntcenth Strect
Minneapulis, h1innesMa �5�102-423i Saint Paul, �linnesota S;IOl-�999 ��ashingtun, D.0 '_0036-3'_03 Denvcr, Colorado R0202-�h23
Telephunc (612) 340-��55 Celephone (6L7) 297-9333 Teienhune (2021 '_�3-O�S� Telephone (303) 572-6200
FAX (672� 340-5�84 FAX {612) 247-9313 F.a.Y 1202) 6�9-i�k� FAX (303) '72-6203
Writer'sdirectdiainumber: �(1,2� 343-5640
April 4, 1995
Honorable William Nee, Mayor
Members of the Council
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
Repl�� to �4inncapolis oYFicc
Re: $6,190,000 City of Fridley, Minnesota, Floating Rate Demand
Commercial Development Revenue Bonds (River Road Investors
Project) Series 1984
Dear Mayor Nee and Council Members:
Enclosed with this letter is a First Supplemental Trust Indenture
(the Amendment) relating to the above-captioned bonds (the Bonds)
issued by you in 1984 for the River Road Business Center. Also
enclosed are a proposed resolution approving the Amendment and our
opinion as Bond Counsel stating that execution of the Amendment is
authorized by the Trust Indenture executed by you in 1984 and will
not adversely affect the tax-exempt status of the Bonds.
The Bonds are structured as ��floating rate" bonds. They bear
interest at a rate that is set monthly by Doherty, Dawkins, Strand
& Bigelow (the Remarketing Agent). The holders of the Bonds (there
is currently only one, an institutional investor) have the right to
require the Remarketing Agent to purchase the Bonds at any time,
upon seven days' notice. The Remarketing Agent obtains the funds
necessary to purchase the Bonds by selling them to another
purchaser. To insure (i) that the Bondholders are paid on time and
(ii) that there are funds available to pay the Bondholders if they
should elect to require the Remarketing Agent to repurchase their
Bonds and the Remarketing Agent cannot resell them, Citibank, N.A.,
has issued its letter of credit. That letter of cradit is drawn
upon and the proceeds are used to purchase Bonds the Remarketing
Agent has not been able to resell, if the Bondholder has requested
that they be purchased. Citibank's letter of credit has never had
to be drawn upon to purchase bonds or make a payment of principal
or interest to the Bondholders.
When th� Ronds were issued in 1984, very few
had been issued. Since then, floating rate
common and the structure has been refined.
bonds that can be "put" by the bondholders upor
also bear interest calculated every seven days.
made by the Amendment is to allow for intere:
� �.�2
floating rate bonds
bonds have become
Most floating rate
seven days' notice
One of the changes
,t to be calculated
DOHERTY
RUMBLE
& BUTLER
,,.., �<<��;..
Honorable Mayor Nee
April 4, 1995
Paqe - 2 -
every seven days instead of monthly. This will make the Bonds
easier to market and may also result in a small savings in interest
(less than 25 basis points per year).
Citibank, N.A. recently extended the termination date of its letter
of credit (which has been outstanding since 1984) to December,
1999. In connection with that extension, the bank has asked for a
change in the Indenture to allow it to hold bonds purchased with
draws on its letter of credit and allow the Remarketing Agent to
remarket those bonds rather than have them redeemed, as the
Indenture currently provides. This is also the current method of
dealing with Bonds purchased with draws on letters of credit
securing floating rate bonds and is the other change in the
Amendment.
The original principal amount of the Bonds was $6,190,000. The
current unpaid principal balance is $4,130,000. River Road
Investors has paid $2,060,000 in reduction of the principal balance
of the Bonds since 1984 The changes made to the Indenture by the
Amendment are housekeeping matters that have no impact on the City
but do make the Bonds more marketable. The Trust Indenture
requires the Amendment to be approved by you, the Trustee, the
Bondholder, and River Road Investors.
We respectfully request your approval of the Amendment by adopting
the enclosed Resolution.
Sincerely,
Sherrill R. Oman
SRO/d16.68625
Enc.
RESOLUTION NO.
RESOLUTION APPROVING THE ATTACHED FIRST
SUPPLEMENTAL TRUST INDENTURE AND AUTHORIZING THE
EXECUTION THEREOF FOR THE CITY OF FRIDLEY,
MINNESOTA, $6,190,000 FLOATING RATE DEMAND
COMMERCIAL DEVELOPMENTREVENUEBONDS (RIVER ROAD
INVESTORS PROJEC"l� SERIES 1984
WHEREAS, on July 16, 1984, and November 5, 1984, the City of Fridley, Minnesota (the
"Issuer") adopted resolutions (the "Bond Resolutions") approving the issuance of its Floating Rate
Demand Commercial Development Revenue Bonds (River Road Investors Project) Series 1984 (the
"Bonds"), for the purposes set forth in the Bond Resolutions;
WHEREAS, the Bonds were issued by the Issuer on November 20, 1984;
WHEREAS, River Road Investors, a M'uinesota general partnership (the "Company") has
proposed that the Issuer coasent to the amendment of the Trust Indenture pursuant to which the Bonds
were issue�i in the form of the attached F'ust Supplemental Trust Indenture;
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY OF FRIDLEY, MINNESOTA ACTING BY
AND THROUGH TTS CTTY COUNCII. AS FOLLOWS:
Section 1. Pursuant to the above recitals and to accomplish the purposes set forth in the
attached First Supplemental Trust Indenture, the City Council of the Issuer hereby consents to the
amendment of the Trust Indenture pursuant to which the Bonds were issued substantialiy in the form of
the First Supplemental Trust Indenture attached to this Resolution.
Section 2. The Mayor and Manager are hereby authorized to execute the First Supplemental
Trust Indeniure in the form attached herexo with such insubstantial changes as shall be approved by them
as evidenced by their signatures.
Section 3. This Resolution shall be effective from and after the date hereof.
Adopted: , 1995
SRO 68454
Mayor
City Managec
10.03
�
CERTIFICATE
The undersigned, Clerk of the City of Fridtey, Minnesota, hereby ceRifies that the foregoing is
a true and correct copy of a Resolution duly adopted on the day of April, 1995, and that such
Resolution remains in full force and effect and has not been amended or rescinded as of this date.
1995.
Clerk
10.04
FIRST SUPPLEMENTAL
TRUST INDENTURE
THIS FIRST SUPPLEMENTAL TRUST INDENTURE, dated as of April 1, 1995, is
made by and between the City of Fridley, Minnesota, a municipal corporation and political
subdivision of the State of Minnesota (the Issuer) and NORWEST BANK MINNESOTA,
National Association (successor in interest to Norwest Bank Minneapolis, National Association),
as trustee under the hereinafter defined Trust Indenture (the Trustee).
RECITALS
The Issuer and the Trustee have executed a Trust Indenture (the Indenture) dated as of
November 1, 1984, in connection with the $6,190,000 City of Fridley, Minnesota, Floating Rate
Demand Commercial Development Revenue Bonds (River Road Tnvestors Project) Series 1984.
The parties hereto have been requested to amend the Indenture to provide, irzter �lia, for the
interest rate on the Bonds to be adjusted weekly and to make provision for Bonds purchased with
draws on the Letter of Credit to be held by or for the account of the Bank, according to the
terms and subject to the conditions described herein. All capitalized terms used but not defined
herein shall have the meanings assigned to them in the Indenture.
NOW, T'HEREFORE, in consideration of the foregoing and of the covenants and
condifions hereinafter set forth, the parties hereto agree as follows:
Section 1. - Article I of the Indenture is amended by adding or amending the following
defmitions:
"Credit Agreement" means the initiat Letter of Credit and Reimbursement Agreement,
dated as of November 1, 1984, between Citibank, N.A. and the Company, as amended
by that certain Modification Agreement amang the Company, the Bank, and Citicorp
Real Estate, Inc., as successor in interest to the Bank under the Credit Agreement dated
as of October 18, 1994, or any agreement parsuant to which the Alternate Letter of
Credit or Alternate Credit Facility is issued, as any of the same may be amended
hereafter from time to time.
"Custody Bonds" mearis Bonds held by the Trustee or the Paying Agent for the benefit
of the Bank (or held as otherwise requested by the Bank) and purchased with the
proceeds of a draw on the Letter of Credit pursuant to Section 3.05 hereaf.
-�`�`� ..- "Outstanding" or "Bonds Outstanding" or "Outstanding Bonds" means, as at any given „�� ;�
date, a11 Bonds which have been authenticated and delivered by the Trustee or the Paying -
Agent under this Indenture, except:
SRO 67893.03
10.05
(a) Bonds cancelled at or prior to such date or delivered to or acquired
by the Trustee on or prior to such date for cancellation;
(b) On or after any Purchase Date for Bonds pursuant to Article III
hereof, all Bonds (or portions of Bonds) which aze tendered or deemed to have
been tendered for purchase on such date (other than Custody Bonds), provided
that funds are on deposit with the Trustee which, together with remarketing
proceeds held by the Tender Agent, are sufficient for such purchase;
(c) Bonds deemed to be paid in accordance with Article VIII of this
Indenture; and
(d) Bonds in lieu of which other Bonds have been authenticated under
Section 2.08 hereof.
"Purchase Date" means each date on which Bonds are to be tendered at the option of the
Bondholder thereof pursuant to Section 3.01 hereof, and each date on which the Bonds
are subject to mandatory tender pursuant to Section 3.09 hereof.
"Remarketing Agreement" means the Remarketing Agreement dated as of November 1,
1984, as amended on the date hereof, among the Company, the Bank, the Trustee, the
Paying Agent, and the Remazketing Agent.
"Weekly Rate" means the rate of interest borne by the Bonds for a Weekly Rate Period
and determined pursuant to Section 2.02(c) hereof.
"Weekly Rate Bonds" means the Bonds while they bear interest at the Weekly Rate.
"Weekly Rate Period" means the weekly period which begins on Friday of each calendar
week and ends at the close of business on Thursday of the immediately following
calendar week during which the Bonds bear interest at a Weekly Rate; except that the
first Weekly Rate Period shall begin on , 1995, and end on
, 1995.
Section 2. - Section 2.02(b) of the Indenture is amended by adding a new subsection (iu) to read
as follows:
(ui) From and including 1, 1995, unless the interest rate
on the Bonds shall have been established at the Fixed Interest Rate pursuant to
Article IV hereof, the Bonds shall bear interest at the Weekly Rate described
above and in Section 2.02(c) hereof.
SRO 67893.03 2
10.06
Section 3. - Article II, Section 2.02(c) is amended to read as follows:
(c) A Weekly Rate shall be determined for each Weekly Rate Period as
described below. Weekly Rate Periods shall commence on Friday of each week
and end at the close of business on Thursday of the following week; except that
(i) the first Weekly Rate Period shall begin on , 1995, and
sha11 end on , 1995. The Weekly Rate for each Weekly
Rate Period shall be effective from and including the commencement date of such
period and shall remain in effect through and including the last day thereof. Each
such Weekly Rate shall be determined by the Indexing Agent at or before 12:00
noon, Chicago time, on the Thursday before the commencement date of the
Weekly Rate Period to which if relates or, if such date is not a Business Day, on
the Business Day next preceding the commencement date of the Weekly Rate
Period to which it relates. The Weekly Rate shall be the lowest rate which, in
the judgment of the Remarkedng Agent (having due regard for prevailing market
conditions) would enable the Bonds to be sold at par on the first day of the next
Weekly Rate Period, and shall further meet the conditions set forth in Section
2.02(b)(i) (A) and (B) and (ii) hereof. The Interest Index shall be computed by
the Inde�cing Agent. The Interest Index shall be based upon 7-day yield
evaluations at par of not less than five (5) Component Issuers selected by the
Indexing Agent which may include, without limitation, issuers of commercial
paper, project notes, bond anticipation notes and tax anticipation notes. So long
as the Bonds are rated by either Moody's or S&P in either of its two highest
long-term debt rating categories, each of the Component Issuers must either (i)
have outstanding securities rated by either Moody's or S&P in its highest note or
commercial paper rating category (and no securities rated by either Moody's or
S&P in any lower rating category) or (ii) have outstanding securities rated by
either Moody's or S&P in either of its two highest long-term debt rating
categories (and no securities rated by either Moody's or S&P in any lower rating
ca.tegory) and either (i) have no outstanding notes or commercial paper, or (ii)
have outstanding notes or commercial paper, none of which is rated by either
Moody's or S&P. In the event the Bonds are not rated by either Moody's or
S&P in either of the two highest long-term debt rating categories of such rating
agency, the Interest Index shall be based upon yield evaluations at par of not less
than five (S) Component Issuers, each of which must either (i) have outstanding
securities rated by such rating agency in its note or commercial paper rating
category conelative, in the judgement of the Indexing Agent, to the long-term
debt rating category in which the Bonds are rated by such rating agency or (ii)
have outstanding securities rated by such rating agency in the same long-term debt
rating category as the Bonds are rated by such rating agency and either (A) have
no outstanding notes or commercial paper or (B) have outstanding notes or
commercial paper, none of which is rated b}��,xating agency. The specific
issues included in the Component Tssuers may be changed from time to time by
the Indexing Agent in its discretion. Notice of such changes shall be given to the
SRO 67893.03 3
10.07
Bank, the Company, the Remarketing Agent and the Trustee. In the event (i) that
the Bonds are rated by neither Moody's nor S&P, or (ii) that the Indexing Agent
no longer computes, or fails to compute, the Interest Index and no other qualified
municipal securities evaluation service can be appointed in accordance with
Section 10.24 hereof, the Interest Index during each Interest Period shall be sixty-
five percent (65 %) of the interest rate applicable to 13-week United States
Treasury bills determined by the Remarketing Agent on the basis of the average
per annum discount rate at which such 13-week Treasury bills shall have been
sold at the most recent Treasury auction during the next preceding Interest
Period, or, if no such auction shall have been conducted during the next
preceding Interest Period, or if the Indexing Agent shall fail or refuse to
determine the Interest Index, the Interest Index during such Weekly Rate Period
shall be the same as for such preceding Weekly Rate Period.
On each date a Weekly Rate is determined, and on any date on which the Weekly
Rate is increased pursuant to the last sentence of the first paragraph of this Section, the
Remarketing Agent shall give the Trustee telephonic notice, promptly coniirmed in
writing, by telecopy, with copies to the Company, the Paying Agent and the Bank, of the
Weekly Rate determined by the Remarketing Agent on such date; rovided that such
telephone notice need not be given unless the Weekly Rate so determined is different
from the Weekly Rate for the preceding Weekly Rate Period.
Section 4. - Section 2.03(e) of the Indenture is amended to read as follows:
(e) No notice of W�kly Rates will be given to the Owners, but the Owners
may obtain Weekly Rates from the Trustee upon request. The computation of the
Interest Index by the Indexing Agent, and the Prime Rate and all determinations
of Weekly Rates pursuant to this Indenture, shall be conclusive and binding upon
the Issuer, the Company, the Bank, the Trustee, any Paying Agent, the Registrar,
the Remarketing Agent and the Owners of the Bonds to which such rates are
applicable. T'he Issuer, the Remarketing Agent, the Indexing Agent, the
Company, and the Trustee shall not be liable to any Owner or any other party for
any Weekly Rate determined by the Remarketing Agent in its reasonable
professional judgment and in accordance with the terms of this Indenture. The
Issuer, the Company, the Bank, the Trustee, any Paying Agent, the Indexing
Agent and the Remarketing Agent shail not be liable to any Owner for failure to
give any notice required with respect to Weekly Rates or for failure of any
Bondholder to receive or obtain any such notice.
Section 5. - The first sentence of Article III, Section 3.01(a) is amended to read as follows:
a�`¢� Any Weekly Rate Bond shall be purchased, on the demand of the Owner,
on any Interest Payment Date, at the Purchase Price, upon: (1) delivery to the
Remarketing Agent, at the Principal Office of the Remarketing Agent, at or prior
SRO 67893.03 t�
10.08
to 4:00 p.m., Minneapolis dme, on or before the third Business Day prior to such
Interest Payment Date of a telephonic notice to be followed by written notice on
the next Business Day which (i) states the principal amount of such Bond, and (ii)
states that such Bond shall be purchased on such Interest Payment Date pursuant
to this Section 3.01(a); and (2) the delivery of such Bond (with all necessary
endorsements) at the Principal Office of the Remarketing Agent at or prior to
10:00 a. m. , Minneapolis time, on the Interest Payment Date provided, however,
that such Bond shall be so purchased pursuant to this Section 3.01(a) oniy if the
Bond so delivered to the Remarketing Agent shail conform in all respects to the
description thereof in the aforesaid notice.
Section 6. - The first sentence of Article III, Section 3.01(b) is amended to read as follows:
(b) Any Weekly Rate Bond (except Custody Bonds) shall be purchased, on the
demand of the Owner, if such Owner is an Investment Company, on any Business
Day at the Purchase Price, upon: (1) delivery to the Trustee at the Principal
Office of the Trustee, with a copy to the Paying Agent at the Principal Office of
the Paying Agent, of a telephonic notice to be followed on the next Business Day
by a written notice which (i) states that such Owner is an Investment Company,
(ii) states the principal amount of such Bond, (iii) states that such Bond shall be
purchased pursuant to this Section 3.01(b), and (iv) states the date of purchase,
which shall be a Business Day not prior to the seventh (7th) day next succeeding
the date of the delivery of such notice to the Trustee and the Paying Agent; and
(2) delivery of such Bond (with all necessary endorsements) and, in the case of
a Bond to be purchased prior to the Interest Payment Date of any Interest Period
and after the Record Date in respect thereof, a due-bill check, in form satisfactory
to the Paying Agent, for interest due on such Interest Payment Date, at the
Principal Office of the Paying Agent acting on ttehalf of the Trustee at or prior
to 10:00 a.m., Minnea.polis time, on the first Business Day prior to the date of
purchase specified in the aforesaid notice; provided, however, that such Bond
shall be so purchased pursuant to this Section 3.01(b) only if the Bond so
delivered to the Paying Agent shall conform in all respects to the description
thereof in the aforesaid notice.
Section 7. - The first sentence of Article III, Section 3.01(c) is amended to read as follows:
(c) Any Weekly Rate Bond (except Custody Bonds) shall be purchased, on the
demand of the Owner, on any Business Day at the Purchase Price, upon: (1)
delivery to the Remazketing Agent at the Principal Office of the Remarketing
Agent of a telephonic notice, followed by a written notice on the next Business
Day which (i) states the principal amount of such Bond, (u) states that such Bond
shall be purchased pursuant to this Secti��.01(c), and (iii) states the date of
purchase, which shall be a Business Day no� �Srior to the seventh (7th) day next
succeeding the date of delivery of such notice to the Remarketing Agent; and (2)
SRO 67893.03 5
10.09
delivery of such Bond (with all necessary endorsements) and, in the case of a
Bond to be purchased prior to the Interest Payment Date for any Interest Period
and after the Record Date in respact thereof, a due-bill check, in form satisfactory
to the Remarketing Agent, for interest due on such Interest Payment Date, at the
Principat Office of tfie Remazketing Agent at or prior to 10:00 a. m. , Minneapolis
time, on the date of purchase specified in the aforesaid notice; provided,
however, that such Bond shall be so purchased pursuant to this Section 3.01(c)
only if the Bond so delivered to the Remarkering Agent shall conform in all
respects to the descriprion thereof in the aforesaid notice.
Section 8. - Article III, Section 3.03 is amended to add the following subsection (c):
(c) Provided that all Bonds delivered to the Remarketing Agent pursuant to
Section 3.01 have been remarketed, the Remarketing Agent shall offer for sate
and use its best efforts to sell the Custody Bonds in accordance with the
provisions of Section 3.03(a) relating to determination of the interest rate. The
proceeds from the sale of Custody Bonds sha11 be delivered to the Bank to be
applied to reduce the Company's obligations to the Bank under and pursaant to
the conditions of the Credit Agreement.
Section 9. - Article III, Section 3.05(a)(iii) is amended to read as follows:
(iu) Bonds delivered to the Paying Agent or the Remarketing Agent
and which will be purchased with moneys to be received under the Letter
of Credit pursuant to Section 3.02(a)(iii) or 3.04(a)(iii) hereof shall be
delivered to the Trustee, who will draw such moneys under the Letter of
Credit and who will (A) deliver such Bonds to the Paying Agent to hold
for remarketing for the account of the Bank, as Custody Bonds, or (B)
deliver the Bonds to the Paying Agent for cancellation, at the written
direction of the Bank, which direction may be given or withheld in the
Bank's sole discretion.
Section 10. - The second sentence of Article III, Section 3.07(a) is amended to rea.d as follows:
If called for redemption at any time pursuant to (1), (2), (3) or (4) above, the Bonds shall
be subject to redemption by the Issuer prior to maturity on any Interest Payment Date,
in whole or (in the case of redemption pursuant to Section 5.2(b) of the Agreement) in
part, and if in part, such Bonds shall be selectad in accordance with the provisions of
Section 3.12 hereof (except that Custody Bonds shall be redeemed prior to any other
Bonds), at a redemption price equat to 100% of the principai amount thereof plus accrued
interest to the redemption date.
" Section 11. - Article III, Section 3.07(b) is amended by adding the following sentence to the end ��---'
of that section:
SRO 67893.03 6
1�.1�
Any such reduction in the amount of Bonds to be so called for redemption shall be offset
by the principal amount of Custody Bonds then Outstanding.
Section 12. - The first sentence of Article III, Section 3.10(a) is amended to read as follows:
(a) An Owner (except the Bank) may direct the Issuer through the Trustee not
to redeem any Bond or Bonds, or integral multiples of the Authorized
Denomination thereof, owned by him, to be redeemed pursuant to Section 3.09(a)
hereof by delivering to the Trustee at the Principai Office of the Trustee on or
before the tenth Business Day following the date the Tr�stee gives notice of
redemption as provided in Section 3.13(b) hereof an instrument or instruments in
writing executed by such Owner which (i) specifies the numbers and
denominations of Bonds so owned, (ii) acknowledges that the interest rate borne
by the Bonds is to be converted to a Fixed Interest Rate; (iii) acknowledges that
the Letter of Credit wi11 expire on a date following such conversion and that such
expiration may result in a reduction of Moody's or S&P's ratings of the Bonds
from those which then prevail and, (iii) directs the Issuer not to redeem the Bonds
so owned by such Owner, or integral multiples of the Authorized Denomination
thereof, specified therein.
Section 13. - The first sentence of Article III, Section 3.10(b) is amended to read as follows:
{a) An Owner (except the Bank) may direct the Issuer through the Trustee not
to redeem any Bond or Bonds, or integral multiples of the Authorized
Denomination thereof, owned by him, to be redeemed pursuant to Section 3.09(a)
hereof by delivering to the Trustee at the Principal Office of the Trustee on or
before the tenth Business Day following the date the Trustee gives notice of
redemption as provid�l in Section 3.13(b) hereof an instrument or instruments in
writing executed by such Owner which (i) specifies the numbers and
denominations of Bonds so owned, (ii) acknowledges that the Letter of Credit will
expire in the next succeeding Interest Period, and acknowledges that the
expiration of the term of the Letter of Credit may result in a reduction of
Moody's or S&P's ratings of the Bonds from those which then prevail and, (iii)
directs the Issuer not to redeem the Bonds so owned by such Owner, or integral
multiples of the Authorized Denomination thereof, specified therein.
Section 14. - The second sentence of Article III, Section 3.12 is amended to read as follows:
(a) If less than all the Bonds shall be called for redemption under any provision
of this Indenture permitting such partial redemption, (i) Custody Bonds shall first
be cailed for redemption and (ii) the particular Bonds (other than Custody Bonds)
or portions thereof to be�deemed shall be selected by the Trustee, in such
manner as the Trustee in its-ciiscretion may deem proper, in the principal amount
SRO 67893.03 %
10.11
designated to the Trustee by the Company or otherwise as required by this
Indenture.
Section 15. - A new Section 3.16 is addetl to Article III of the Indenture to read as follows:
Section 3.I6. Bonds Purchased with Proceeds of Letter of Credit.
(a) The Paying Agent shall hold in its custody and control for the benefit of
the Bank any Bonds purchased with proceeds of a drawing on the Letter of Credit
unless and until, with respect to Bonds tendered pursuant to Section 3.01 hereof
that are Weekly Rate Bonds at the time of their release from the Paying AgenYs
custody, the Paying Agent has delivered to the Bank the proceeds of a successful
remarketing of such Bonds and a Letter of Credit is held by the Trustee and in
effect for all Outstanding Bonds and the Bank has given written notice of the
reinstatement thereof with respect to and for the amount of such Bonds being
released. Such Bonds so held by the Paying Agent are herein called "Custody
Bonds". Custody Bonds shall not be transferable or deliverable to any party
except the Bank or its designee.
(b) The Remarketing Agent shall continue to use its best efforts to arrange for
the sale of any Custody Bonds that are Weekly Rate Bonds at a price eqaal to
100°k of the principal amount thereof plus accrued interest; rop videti, however,
that the Remarketing Agent shall not arrange for the sale of (i) any Custody
Bonds that are Weekly Rate Bonds unless and until the Remarketing Agent has
received notice from the Trustee that a Letter of Credit is held by the Trust,ee and
is in effect for all Outstanding Bonds.
(c) On or prior to each Business Day on which any Custody Bonds bearing
interest at a Weekly Rate that are successfully remarketed by the Remarketing
Agent are to be purchased, the Remarketing Agent shall give telephonic notice,
promptly confirmed in writing, to the Paying Agent, the Trustee, the Bank and
the Owner specifying:
(i) the Business Day on which such purchase will take place and the
principat amount of Custody Bonds successfully remarketed by the
Remarketing Agent; and
(ii) to the Paying Agent only, the names, addresses and ta�c
identificadon numbers of the proposed purchasers thereof.
(d) Upon the sale of Custody Bonds arranged by the Remarketing Agent, the
��.-t Paying Agent shall contemporaneously deliver (i) Bonds issued in exchange for ,,,�,�.
°'-� such Bonds to the Remarketing Agent for redelivery to the purchasers thereof and --� -- �-
(ii) the proceeds of such sale received from the Remarketing Agent to the Bank.
SRO 67893.03 g
�0.�2
Section 16.- Section 6.17 is hereby amended to read as follows:
Section 6.17 �atisfactorv Evidence of Non-Occurrence of Event of Bankruptcy.
The Trustee shall determine no lather than the ninety-fifth (95th) day following the
Interest Payment Date, on which any principal amount of Bonds has been paid, or before
any release of the Reserve Fund whether an Event of Bankruptcy shall have occurred at
any time prior to the ninety-first (91st) day foliowing such Interest Payment Date with
respect to the Company which payments were a source of payments made to the Owners
on such Interest Payment Date; provided, that unless the Trustee has received notice of
the occurrence of such an Event of Bankruptcy, the Trustee, in determining whether an
Event of Bankruptcy has occuned with respect to the Company or the Guarantors shall
be entided to reiy upon orai followed by written information furnished by the
Minneapolis, Minnesota office of the U.S. Bankruptcy Court for the District of
Minnesota {the "Court") or upon a bankruptcy search with respect to such office obtained
from a title insurance company which has a Minnesota office. The Trustee shall be
entitled to assume that the Company has at all times remained a Minnesota partnership
with its principal place of business and principal assets in a Minnesota county and that
the Guarantors have at all times remained residents of a Minnesota county within the
jurisdiction of the Minneapolis, St. Paul or Duluth, Minnesota, office of the Court,
unless written notice to the contrary is received, in which case the Trustee, in
determining whether an Event of Bankruptcy has occurred, shall be entitled to rely upon
oral or written information furnished by the office of the U.S. Bankruptcy Court with
jurisdiction over the location of the principal place of business or principal assets or the
place of residence of the Company, the Guarantors or upon a bankruptcy search with
respect to such office obtained from a title insurance company with an office located
within the area over which that office of the Court has jurisdiction.
Section 17.- Section 13.07 is amended to read as follows:
Section 13.07. Notices. Except as otherwise provided in this Indenture,
certificates, requests, requisitions, complaints, demands, or other communications to be
given to or filed with the Issuer, the Trustee, the Company, the Paying Agent, the
Registrar, the Indexing Agent, the Bank, and the Remarkedng Agent, pursuant to this
Indenture shall be in writing and shall be sufficiently given and shall be deemed given
when duly mailed by registered or certified mail. Any service by mail or delivery
service shall be addressed, and service by telephone shall be given, as follows:
(O1) To the Issuer:
6431 University Avenue, N. E.
Fridley, Minnesota 55432
Attn: City Manager
or, if by telephone,
SRO 67893.03 9
10.13
SRO 67893.03
to the City Manager at (612) 571-3450
(02) To the Trustee, Registrar, and
Paying Agent:
Delivery Address
Norwest Bank Minnesota, National Association
Corporate Trust Services
12th Floor North Star East Bldg.
608 Second Avenue South
Minneapolis, MN 55479-0069
and
Mailin� Address
Norwest Bank Minnesota, National Association
Corporate Trust Services
Sixth and Marquette
Minneapolis, MN 55479
or, if by telephone,
To a Trust Officer in its Corporate Trust Department at
(612) 667-3486
(03) To the Company:
7841 Wayzata Boulevard
Minneapolis, Minnesota 55426
Attn: Harry J. Yaffe
or, if by telephone,
To Harry J. Yaffe at (612) 546-2000
(04) To the Bank:
200 S. Wacker Drive
Chicago, Illinois 60606
Attn: City Head
Reference: River Road Investors
Fridley, Minnesota
(CRE Chicago)
10
10.14
or, if by telephone,
to at (312) 876-0525
(OS) To the Owners:
Addressed to each of the Owners of the Bonds at the time outstanding, as
shown by the list of Owners required by the Indenture to be kept at the
principal corporate office of the Trustee.
(06) To the Remarketing and Indexing Agent:
90 South Seventh Street
Suite 4300
Minneapolis, MN 55402
Attn: Walter C. Parkins
or, if by telephone,
To Walter C. Parkins at (612) 376-4137
Any party hereto may, from time to time, change such address or telephone number by
filing with the other parties hereto such new address or telephone number.
sRO b�s�.a� 11
10.15
Section 18. - Exhibit A[Form of Pre-Conversion Weekly Rate Bond] is amended to read as
shown on Exhibit A attached hereto.
5ection 19. - All references in the Indenture to Trustee, Paying Agent and Registrar shall mean
Norwest Bank Minnesota, National Association, its successors and assigns.
Section 20. - In all other respects, the parties hereto ratify and affirm the Indenture as amended
hereby.
IN WITNESS WHEREOF, the parties hereto have caused this First Supplemental Trust
Indenture to be duly executed and delivered by their respective officers as of the above date.
CITY OF FRIDLEY, MINNESOTA
By
Mayor
By
City Manager
NORWEST BANK MINNESOTA,
NATIONAL ASSOCIATION
By
Its:
SRO 67893.03 12
10.16
CONSENT TO FIRST SUPPLEMENTAL TRUST INDENTURE
DATED AS OF APRIL 1, 1995
BETWEEN THE CITY OF FRIDLEY, n�IINNFSOTA,
1:��11
NORWEST BANK 1VIINN�,SOTA, NATIONAL ASSOCIATION
The foregoing First Supplemental Trust Indenture is hereby consented to by the Bank,
Citicorp Real Estate, Inc., the Company, and the Remazketing and Indexing Agent.
SRO 67893.03
CITICORP REAL ESTATE, INC.
By
Its:
CITIBANK, N.A.
By
Its:
RNER ROAD INVFSTORS
By
Its: General Partner
DOUGHERTY, DAWKINS, STRAND &
BIGELOW INCORPORATED
By
Its:
13
10.17
CONSENT TO FIItST SUPPLEMENTAL TRUST INDENTURE
DATED AS OF APRII, 1, 1995
BETWEEN THE CITY OF FRIDLEY, 11�IINNFSOTA,
0
NORWEST BANK A�IINNESOTA, NATIONAL ASSOCIATION
The undersigned, being the Owner of all Outstanding Bonds issued pursuant to the Indenture
described in the foregoing First Supplemental Trust Indenture, hereby consents to the
amendments to the Indenture set forth in the First Supplemental Trust Indenture to which this
Consent is attached.
OWNER:
(Insert name of Owner of Bonds)
:
Its:
SRO 67893.03 14
1�.18
�
�
C17Y OF
FRiDLEIf
LICENSES
April 10, 1995
Type of License: By:
BILLIARDS
University Biiliards Greg Asproth
7178 University Ave.N.E.
Fridley, MN 55432
Moose Lodge of Fridley DeeDee's Fun
8298 University Ave.N.E. �+lachines & Candy
Fridley, MN 55432
CARNIVAL
Gopher St.Expositions A. Forcier
4286 42nd St. S.E.
Mpls. MN
CIGARE7TE
Fridley Rec. � Service Co. Automatic Sales
6310 Hwy 65 N.E.
Fridley, MN 55432 �
Fridley Sinclair S. Johnson
6290 Hwy 65 N.E.
Fri dl ey, P1N 55432
Holiday Plus #487 Erickson Bros,
1298 E. P�ioore Lk. Dr.
Fridley, MN 55432
Approved By:
David Sallman
Public Safety Director
�� �� ��
Richard Larson
Fire Inspector
David Saliman
Public Safeiy Director
�� �� ��
�� �� ��
Knights of Columbus North Air Nome Assoc, "
6831 Hwy. 65 N,E.
Fridley, MN 55432
P�1i ke' s Gas & Grocery h1. Deconci ni
6485 E. River Rd.
Fridley, MN 55432
Moose Lodge of Fridley Dee Oee's Fun
8298 University Ave.N.E.
Fridley, MN 55432
PDQ Stores of MN PDQ Stores of MN
620 Osborne Rd. N.E.
Fridley, MN 55432
13.01
r �, u
�� �� ��
�� �� ��
�� �� „
Fees:
$250.00
$40.00
$375.00
$30.00
$30.00
$30.00
$30.Q0
$30.00
$30.00
$30.00
/
�
CffY OF
FRIDLEY
LICENSES
Page 2
Sandee's Bram Investments
6490 Central Ave.N.E.
Fridley, MN 55432
Stuart Anderson Cattle Co. ARG Enterprises, Inc.
5696 Universi�y Ave.N.E.
Fridley, MN 55432
Target Store & Snack Bar Target Stores
755 53rd Ave.N.E.
Fridley, MN 55432
Uni,versity Sinclair M. Johnson
6071 University Ave. N.E.
Fridley, MN 55432
Wal-Mart Wal-Mart Stores Inc,
8450 University Ave, N.E.
Fridley, MN 55432
ENTERTAINMENT
Knights of Columbus � North Air Home Assoc.
6831 Hwy,65 N,E.
Fridley, MN 55432
Fridley American Legion M. Saltness
7365 Central Ave.N.E.
Fridley, MN 55432
FIREARM
Stanton 0. Berg Same
6025 Gardena Ln. N.E.
Fridley, MN 55432
FOOD ESTABLISHMENT
A& W Restaurant Wiles Enterprises,Ltd
7429 E. River Rd.
Fridley, MN 55432
Burger King Torchwood Franchise
6401 University Ave.N.E. Group, Inc.
Fridley, MN 55432
Central Embers Central Embers Inc.
5400 Central Ave.N'.E,
Fridley, MN 55432
David Sallman $30.00
Public Safety Director
" " " $30,00
" " " $30.00
" " " $30.00
m
m
" " $30.00
" " $85.00
�� �� ��
�� �� ��
� ��
E, : � �
$25.00
$45.00
$45.00
$45.00
/
�
CffY OF
FRIDLEY
Page 3
Children's Wor1d
5310 Monroe St.N.E.
Fridley, MN 55432
Domino's Pizza
7510 University Ave.N.E.
Fridley, MN 55432
Fridley,Dairy Queen
225 Osborne Rd.N.E.
Fridley, MN 55432
Fri.diey;Sinclair
b290 Hwy. 65 N.E.
Fridley, MN 55432
Hardee's
280 57th Ave.N.E.
Fridley, MN 55432
Holiday Plus #487
250 57th Ave. N.E.
Fridley, MN 55432 �
Hong Kong Kitchen
6562 University Ave.N.E.
Fridley, MN 55432
Knights of Columbus
6831 Hwy. 65 N.E.
Fridley, MN 55432
h1cGlynn's Bakery
7350 Commerce Ln. N.E.
Fridley, MN 55432
Map]e Lanes Restaurant
b310 Hwy. 65 N.E.
Fridley, MN 55432
Medtronic
7000 Central Ave.N.E.
Fridley, MN 55432
Mike's Gas & Groc�ry
6485 E. River Rd.
Fridley, MN 55432
Moore Lake Raquet Hea]th Club
1200 E. P1oore Lk.Dr.
Fri dl e_v, MN 55432
LICENSES
�4RA
Bil� Graves
Don Fitch
S. Johnson
TNP, Inc.
Erickson Bros.
Karen Kwan
North Air Home Assoc.
Same
Same
Roy Newman
Michael Deconcini
Same
y3.03
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.Q0
$45.00
$45.00
$45.00
$45.00
r
�
CITY OF
FRIDLEY
LICENSES
Page 4
Old Country Buffet Buffets, Inc.
6540 University Ave.N.E.
Fridley, MN 55432
Oriental House Meilan Chen Leuck
5865 University Ave.N.E.
Fridley, MN 55432
PDQ Store PDQ Stores of Mn
620 Osborne Rd. N.E,
Fridley, MN 55432
Perkins Rest.& Bakery#1041 Perkins Rest.Oper. L.P,
7520 University Ave.N.E.
Fridley, MN 55432
Pizza Flame Pizza Flame-Fridley Inc.
317 Osborne Rd.N.E.
Fridley, MN 55432
Sandee's Braam Investments Inc.
6490 Central Ave.N.E,
Fridley, MN 55432 �
Stuart Anderson's Cattle Co. Rest.
5696 University Ave.:�' N,E.
Fridley, MN 55432
Target Distribution Same
1090 73rd Ave.N.E.
Fr�dley, MN 55432
ARG Enterprises, Inc.
Target Store & Snack Bar Target Stores
755 53rd Ave.N,E.
Fridley, MN 55432
University Billiards Greg Asproth
7178 University Ave.N.E.
Fridley, h1N 55432
University Sinclair Pqichael Johnson
6071 University AVe.N.E.
Fridley, P1N 55432
Wal-Mart Wal-Mart Stores Inc.
8450 University Ave.N.E.
Frid]ey, MN 55432
13.04
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
/
� LICENSES
� oF
FRIDLEY
Page 5
Wendy's Old Fashioned Wendy's Int.Inc.
Hamburgers
760I Viron Rd. N.E.
Fridley, MN 55432
Wong's Gourment Inc. Park L, Wong
1254 E. f+loore Lk. Dr.
Fridley, MN 55432
OFF SALE BEER
Conoco : Kayo Oil Co.
76Q0 University Ave.N.E.
Fridley, MN 55432
East River Rd Texaco Donald Kisch
8100 E. River Rd.
Fridley, MN 55432
Holiday Plus Erickson Bros.
250 57th Ave,N.E.
Fridley, MN 55432
Mike's Gas & Grocery Michael Deconcini
6485 E, River Rd.
Fridley, MN 55432
PDQ PDQ Stores of h1N
620 Osborne Rd. N.E.
Fridley, MN 55432
ON SALE BEER
Oriental House Restaurant Meilan Leuck
5865 University Ave.P�.E.
Fridley, MN 55432
TEiNPORARY ON SALE BEER
Fridley Lions Club Clyde Moravetz
P.O.Box 32815
Fridley, MN 55432 �,.
REFUSE HAULER
Ace Solid Waste Inc. Dennis Fredrickson
3118 162nd Lane N.W.
Andover, MN 55304
13.05
$45.00
$45.00
David Sallman $60.00
Public Safety Director
" " " $60.00
" " " $60.00
" " " $60.00
" " " $60.00
�� : , .
" " " $325.00
" " " Exempt
$75.00
�i
�
�
C(1Y OF
FRIDLEY
Page 6
Browning Ferris Ind.of MN
9813 Flying Cloud Dr.
Eden Prairie, MN 55347
Hilger Tansfer
8550 Zachary Ln.
Maple Grove, MN 55369
Johnson Sanitation
125 Bunker Lk. Blvd. N.W.
Anoka, MN 55304
Kei.th Krupenny & Son
Disposal Service, In.
1214 Hall Ave.
West St.Paul, MN 55118
Larry's Quality Sanitation
17210 Driscoll St.N.E.
Ramsey, MN 55303
Pretzel's Sanitation Inc.
15323 Ramsey Blvd. N:W.
Anoka, MN 55303
Twin City Sanitation Inc.
279 Meadowood Ln. N.E.
North Oaks, MN 55127
Waste Control Systems, Inc.
95 W. Ivy
St. Paul, MN 55117
Waste Management Blaine
10050 Naples St. N,E.
Blaine, MN 55449
RETAIL GASOLINE
Mike`s Gas & Grocery
6485 E. River Rd.
Fridley, MN 55432
University Sinclair
6071 University Ave.N.E.
Fridley, MN 55432
LICENSES
Bill Heaston
David A. Klatke, Jr.
LeRoy Johnson Jr.
Keith Krupenny
Larry Saba
Lawrence Plessel
Rick Gersdorf
J�hn N. Milne
LeRoy Christen
Michael Deconcini
Michael Johnson
13.06
Richard Larson
Fire Inspector
�� ��
$135.00
$60.00
$90.00
$60.00
$75.00
$90.00
$60.00
$60.00 ',
$180.00 �I
$60.00
" $50.00
�
� LICENSES
CffY OF
FRIDLEY
Page 7
GAT�BLING
Joe DiMaggio's Sprots Bar George Vespa
1298 E. Moore Lk.Dr.
Fri d 1 ey, P�N 55432
Shorewood Inn James Nicklow
6161 Hwy. 65 N.E.
Fridley, MN 55432
SOLICITOR
The Flower Shoppe Heidi Engstrom
8484 Cemtral Ave. N.E.
Spring Lk.Pk., MN 55432
The Flower Shoppe Melanie J. Grosslein
8484 Central Ave.N.E.
Spring Lk.Pk, MN 55432
INTERSTATE COMMERCE &OLICITOR
Greenpeace � Bill Busse
212 No. 3rd Ave. Suite 350
Mpls. MN 55401
USED MOTOR VEHICLE
Fridley Chevrolet Geo,Inc. Same
7501 Hwy 65 N.E.
Fridley, MN 55432
Lupient Buick Carl Huntley
dba Lupient Suzuki
& Lupient Bargain Lot
7810 University Ave.N.E.
Fridley, MN 55432
TREE REMOVAL
Bullseye Tree Service Bryan Heacock
_ �- .:°18519 Cl eveland St.
Elk River, MN 55330
William Nelson Same
13055 Riverdale Dr.
Coon Rapids, MN 55448
The Tree Stump Robert Hutcheson
13677 Dan Patch Dr.
Savage, MN 55378 13.�%
David Sallman
Public Safety Dir
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David Sallman
David Sallman
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$300,00
$300.00
$60.00
$60.00
Exempt
$150.00
$150.00
Paul Lawrence $40.00I
P.W. Superintendent �=_� :,,��
" " " $40.00
" " ° $40.00
Engmeenng
Sewer
Water
Pa�ks
Slreets
Mamtenance
.�I I�� �I���I'� �� \ II�� � �I
TO: William W. Bums, City Manager,�� PW95-071
FROM: John G. F1ora�Public Works Director
DATE: April 10, 1995
SUBJECT: Harris Pond Tax District
At the March 20, 1995 Council meeting, the Council held a public hearing authorizing the
special assessments for treatment of Harris Pond as well as authorizing the execution of
the contract with Lake Restoration
Petitions received from the residents of Harris Pond requested that treatment of the pond
be continued annually. It is understood that the water phosphorous column would be
treated once every four years, submerged weeds twice a year, and the surface algae three
times a year.
As a means of establishing the collection of fees for the residents 50% participation, a
special taxing clistrict must be established This public hearing formalizes the public
notice of the establishment of the taxing district for the Harris Pond improvements.
After the public hearing, an ordinance will be prepared to formalize the taxing ability for
the properties abutting Harris Pond to facilitate the annual maintenance project and the
collection of fees from the abutting properties.
JGF:cz
Attachments
14.01
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�ISSIPPI
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133024410007
133024410084
133024410083
133024410016
133024410017
133024410018
133024410020
133024410021
1330244�'2�,2
13302441iDt723
133024410024
133024410�34
133024410033
133024410032
I33024410031
133024410030
133024410029
133024410028
133024410027
133024410026
133024410025
SIREETNUM
0
1660
1668
1591
1580
1560
643Z
6411
6381
6371
6361
1691
1681
1671
166Z
1651
1641
1631
1621
1611
6351
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MISSISS�ST
STREETADD
MISSISSIPPI ST
MISSISSIPPI ST
DANA CT
DANA CT
DANA CT
SQUIRE DR
SQUIRE DR
SQUIRE DR
�QUIRE DR
SQUIRE DR
CAMELOT I�T
CAMELOT I,N
CAMEI,OT I,N
CAMELOT I,N
CAMEI,OT I,N
CAMELOT I�N
CAMEIAT II�Id
�� �14.02
SQUIRE DR
STREETDIR
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE .
tTE
NE
NE
NE
NE
NE
NE
NE
NE
ZIP
0
55432
55432
55432
55432
55432
55432
. 55432
55432
55432
55432
55432
55432
55432
55432
55432
55432
55432
55432
55432
55432
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'� Date�
C
HARItIB POND PSTITION
1 of 4
We, the undersigned, abutting Harris Pond request �`City. of Fridley to:
X
a.
b.
Treat one-half the pond area three times per year for weeds and
algae
ChemicaZly treat one-half the pond area every four years for
phosphorus reduction �
We agree to be equally assessed for a tota2 amount of one-half the cost of
the designated items above plus any permit fees.
We request that the weed and algae treatment program for Harris Pond be
continued annually until the City is notified to discontinue this effort �y
a petition of 51 percent or greater of the abutting Harris Pond landowners.
We also request that chemical treatment for phosphorus reduction be scheduled
every fourth year until the City is notified to discontinue this effort by
a petition of 51 percent or greater of the abutting Harris Pond landowners.'
Name
CITY OF FRIDLEY
_ Signature
Address
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14.03
Date ��l O � `1 S�
HARRIS POND PETITZON
2 of 4
We,��fie undersigned, abutti�g Harris Pond request the Cityof Fridley to: -y
a. Treat one-half the pond area three times per year for weeds and
algae
b. Chemically treat one-half the pond area every four years for
phosphorus reduction
We agree to be equally assessed for a total amount of one-half the cost of
the designated items above plus any permit fees.
We request that the weed and algae treatment program.for Harris Pond be
continued annually until the City is notified to discontinue this effort by
a petition of 5Z percent or greater of the abutting Harris Pond landowners.
We also request that the chemical treatment for phosphorus reduction be
scheduled every fourth year until the City is notified to discontinue this
effort by a petition of 51 percent or greater of the abutting Harris Pond
landowners.
Name
�- 1.
C���z��, L ,
CITY OF FRIDLEY
,_
"� Signature
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Address '
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--.��.%��G� ••� � <"✓- •�''-'�� 1631 Camelot Lane
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� 4.04
Date �/ 1 � .S�
HARRIS POND PSTITION
3 of 4
We, the undersigned, abutting Harris Pond request the Ci�y�:of Fridley to:
a.
b.
Treat one-half the pond area three times per year for weeds and
algae
Chemically treat one-half the pond area every four years for
phosphorus reduction
We agree to be equally assessed for a total amount of one-half the cost of
the designated items above plus any permit fees.
We request that the weed and algae treatment program for Harris Pond be
continued annually until the City is notified to discontinue this effort by
a petition of 5z percent or greater of the abutting Harris Pond landowners.
We also request that the chemical treatment for phosphorus reduction be
scheduled every fourth year until the City is notified to discontinue this
effort by a petition of 51 percent or greater of the abutting Harris Pond
landowners.
_ Name _
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CITY OF FRIDLEY
Signature
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14.05
Address
4
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Date
gAgitlg pOND PBTITION
4 of 4
We, the u�d�rsigned, abutting Harris,Pond request the City of Fridley to:
a. Treat one-half the pond.area three times per year for weeds and
algae: . . _ _ .
b. Chemically treat one-half the pond.area every� four years for
phosphorus reduction
We agree to be equally assessed for a total amount of one-half the cost of
the designated items above plus any permit fees.
We request that the weed and algae treatment program for Harris Pond be
continued annually until the City is notified to discontinue this effort by
a petition of 51 percent or greater of the abutting Harris Pond landowners.
We also request that the chemical treatment for phosphorus reduction be
scheduled every fourth year until the City is notified to discontinue this
effort by a petition of 51 percent or greater of the abutting Harris Pond
landowners.
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CITY OF NEW BRIGHTON _
Name f ; � i1� �qn�ure Address
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5 21st
CIN OF FRIDLEY
NOTICE OF HEARING ON IMPROVEMENTS
HARRIS POND TREATMENT
WHEREAS, the City Council of the City of Fridley, Anoka county, Minnesota� has deemed it
expedient to receive evidence pertaining to the improvements hereinafter described.
NOW, THEREFORE, NOTICE IS HEREBY GNEN THAT on the 20th Day of March, 1995, at 8:30
pm, the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University
Avenue NE, -Fridley� MN, and will at said time and place hear all parties interested in said
improvements in whole or in part.
The general nature of the improvement is to treat the pond for algae and weed infestation, to wit:
IMPROVEMENT ITEM
Pond improvement including chemical phosphorous treatment, aquatic weed and algae treatment
of the surface waters a# Harris Pond located as follows:
Harris Pond Est. $6,000
Alt of the land abutting upon said pond named above and al! tands within, adjacent and abutting
thereto.
All of said land to be assessed proportionately according to the benefits received by such
improvement.
Hearing impaired persons planning to attend who need an interpreter or other persons with
disabilities who require auxiliary aids, should contact Roberta Collins at 572-3500 no later than
March 13, 1995..
PUBLISHED: FRIDLEY FOCUS
March 7, 1995
March 14, 1995
14.07
�,�/3-
DESCRIPTION OF REQUEST: Nordquist Sign Company requests that a variance be ganted to
increase the maximum square faotage of a wall sign in the R 1, Single Family District from 3 square feet
to 49 square feet. Two signs are proposed, one on the west wall, and one on the north wall of the
building. This request is located at 7590 Lyric Lane. The request is on behalf of Fridley Com�alescent
Home.
SI;fMMARY OF LSSUES: The R 1 Single Family Dwelling District limits wall signs to a maximum of
3 square feet in area. The Fridley Convalescent Home is a special use in the R 1 district. A special use
permit was granted for that use in 1965. Sign regulations do not acknowledge uses other than single
family and multiple family dwellings in the R 1 district.
Four conditions are identified in the sign code to evaluate variance requests. As proposed, the Fridley
Convalescent signs meet all four conditions.
The petitioner has the alternative of installing an institutional sign of 32 square feet. An institutional sign
is a free-standing sign located ten feet from the property line or driveway. This alternative, however,
would have a greater impact on the adjacent residential uses adjacent to the subject parcel.
RECOMMENDED AG"TI4N: Staff recommends that the City Council approve the request, VAR
#95-03, with the following stipulations.
1. The variance shall remain in effect until:
a. The signs are altered in any way except for routine maintenance, and change of
m�sssages which makes the sgns less in compliance with the chapter than it was before
the alteration
b. The supporting structure of the signs replaced or remodeled.
c. The face of the signs are replaced or remodeled.
d. The signs become dilapidated or damaged, and the cost of bringing them into
compliance is more than 50% of the value of said signs, at which time all of the signs
and their structures must be removed. �:.��
e. Notwithstanding sub-paragraph (a) above, the name of the business being changed on
the signs.
APPF.AI�,S COn�IlVILSSION ACTION: The AppeaLs Comcnission concx.ured with sta�s recommendatioa
15
Petition For:
Location
of Property:
Legal Description
of Property:
Size:
Topography:
Existing
Vegetation;
Existing
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
FRIDLEY CONVALESCENT HOME SIGN VARrANCE
PROJECT DETAILS
Increase pernutted wall signage in an R 1, Single Family District from 3 square feet to 49
square feet.
7590 Lyric Lane
Lot 1, Block 1, Maple Manor Addition
Lot: 131,100 square feet - Building: 97 x 250 - Lot Coverage: Approx. 18%
Flat
Urban Landscape, Mature Trces and Shrubs
R-1, Single Family
N/A
From Lyric Lane and Madison Street
Pedestrian
Access: N/A
Engineering
Issues: N/A
Parking Spaces
Required/Provided: 77 spaces, constructed in accordance with the requirements at the time of consh�uction
Site Planning
Issues:
2
15.02
i Pronertv Historv
DPMENT SITE ANALYSIS
In 1965, a Special Use Pernut was issued to Medicare Development Company for construction of a convalescent
home. A. special use permit was required as the property is zoned R-1, Single Family. {Hospitals, cWucs, nursing
homes, convalescent homes and homes for the elderly aze all special uses in the R 1, Single Family District.) In 1970,
two sign pernuts were issued to allow two 23 square foot signs on the west and north sides of the building. The signs
were comprised of uniit, individual letters, one foot tall. It is unclear how these permits were issued without a variance
as the sign code at the time did not pern�it wall signs of that size. The City issued building permits in 1982 and 1991
for construction af a garage and a modular addition to the building. In 1985, the convalescent horne applied for and
received a special use pernut to allow a parldng iot expansion in the R-1, Single Family District.
Variance Analvsis
The petitioner is requesting that a variance be granted to increase the maximum square footage of a wall sign in the
R-1, Single Famity District, from 3 square feet to 49 square feet. This will altow installation of two seven foot by
seven foot illuminated signs to be installed on the west and north sides of the convalescent home. T'hese signs are
proposed to be located in the location of the e,xisting individual letter signs.
Prior to ganting a variance from the literal provision of the sign code, the following conditions must be proven by
the applicant:
a. That there are exceptional or extraordinary circumstances applicable to the property, or to the
intended use that do not apply generally to other property in the same viciniLy and district.
The property is zoned R 1, Single Family Dwelling. There is additional Single Family Dwelling to the
west and south In addition, there is R-3, General Multiple Family Dwelling, to the east and north of
subject property. Section 214.09 of City Code regu(ates sign sizes and setbacks for residentiat districts.
Wall signs, as pennitted within this section, can be a maximum of three square feet in area. The use
of the property as a convalescent home, is a special use permit in the R-1 district. However, the R 1
sign code does not recognize alternative uses within the district such as convalescent homes and
hospitals. Therefore, the variance is necessary as the use is unique compared to the surrounding
residential uses.
The petitioner could pursue an institutional sign of 32 square feet in area. This free star►ding sign
could be placed ten feet from the property line on Madison Street. This option, however, woutd have
greater impact to the adjacent residential area than the proposed wall signs as it would be more visible
from the residential area..
b. That the variance is necessary for the preservation and enjoyr�rent of a substantial property right
possessed by other property in the same vicinity and district, but which is denied to the property in
yuestion.
15.03
��,_�
c.
d.
In order to identify the convalescent home, a sign iarger than three square feet is necessaiy. If the
convalescent home were located in the CR 1, Generat Office District, as is the medical cliruc to the
north, wall signage equal to the square root of the wall length times fifteen, would be pennitted. Sta.ff
has calculated the pernutted wall signage for the west and north walls, based on this calculation, and
has deterrnined that 128 square feex of signage would be pernutted on the north wall, and 148 square
fcet of signage would be pennitted on the west wall. The permitted signage under the General O�ce
District regulations far exceeds the request by the petitioner. A variance under the CR 1 District
would not be necessary.
Tlus request is sirrvlar to the Insurance Mart variance on Hwy. #65, in which an office use is located
within the R 3, Generat Multiple Family District. Ttus use was pernutted when the district was first
estabiished, and is a legal non-conforming use. A variance far the pylon and wall signs was granted
to the Insurance Mart, complying with the CR 1, General Offce District regutations.
That the strict application of the chapter would constitute an unnecessary hardship.
Sri-ict application of the chapter would limit the petitioner to a maximum of three square feet of wall
signage. For the size and type of use in the district, this amount of signage is very limited. It clearty
indicates in Section 214.09 that the three square feet maximum applies to dwellings.
Ttiat the granting of the variance would not be materially detrimental to the public health, safety or
general welfare or detiime�ntal to the properiy in the vicinity or district in which the properly is located.
The two signs are proposed to be located on the sides of the structure facing away from the single
family residential districts. These signs would face the hospital to the west, and the medical clinic
to the north. While the signs would be lit, the light from the signs would not adversely impact the
adjacent residential property. In addition, if the CR 1 District regulations are used as a guide, the
requested square footage is well within that which would be permitted.
WEST:
SOUTH:
EAST:
NORTH:
Comprehensive
Planning Issues:
Public Hearing
Comments:
N/A
ADJACENT SITES
Zoning: R-1, Single Family
Zoning: R 1, Single Family
Zoning: R 3, General Multiple Family
Zoning: CR-1, General Office
Zoning: R 3, General Multiple Family
No public attended the meeting.
15.04
Use: Hospital
Use: Single Family Dwellings
Use: Apartments
Use: Medical Clinic
Use: Apartments
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
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(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FORM
PROPERTY INFORMATION - site plan required for submittal; see attached
Address: �,z..� 1yC� .� -� v^_1� � j.-t- �� r�h2-� 5Q'c
Property Identification Number (PIN)_ _�'� �� O 2 t-[ 1 i�DO �--
Legal description: �._ �il(.�,:,,,,� ���.{�o,,� ��c �I�, �7 � �. y �s �u�
Lot Block � Tract/Addition �q,-�n /�14w�,T sQ��k�.
Current zoning: ��� ��,,,.,��quare footage/acreage '(�(_, t �L� Sc.�. 7�
Reason for variance and hazdship: .
,
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Hav�e yon�`operated a usiness m a c
Yes °?� No If yes,
If yes, what type of business?
�S�ecti of C�ty Code:
i�which-re"quirec�a business license?
which city? f--rJd _�
,^ � .,
vJas that license ever denied or revoked? Yes Ivo .��
FEE OWNER INFORMATION (as it appears on the property title)
(Contract Purchasers: Fee
NAME_� ' -� C
ADDRESS � r� �
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SIGNATURE �
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NAME r �
ADDRESS _ `� � �
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SIGIVA' URE _
must sign this form prior to processing)
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DAYTIME PHONE %p�-%�OD
PETITIONER INFORMATION
Fee: $100.00 �_
Permit VAR # 9� n�-i
Application received by: �l
Scheduled Appeals Commiss
Scheduled City Council date:
0
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YTIME PHONE ��3— 72°j�
DATE 2. l ^ � S
$ 60.00 ✓ for residential propeities
�_�. Receipt # _ � �/
15.05
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VAR ��95-03
Nordquist Sign
City of Spring Lake Park
77th Avenue N_E.
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The petitioner and fee owner of the property known as 7590 Lyric Lane NE have submitted
a variance request for the purpose of replacing an existing wood letter sign with lighted cabinet
signs.
LOCATION MAP
15"
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51/2"
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T-t/2" 6 3/8"
31/4" �
6 3/8"
31/4" �
6 3/8"
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3 i/2" �
VAR �95-03
Nordquist Sign
--- ----7'-0" --------- �
- ----- -� - 2
2�' � 470.15
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TYPE f FKAME W/'L" KETAIP
PTD i0 MATCH TENL VINYL
#4107
WHITE H.I. ACRYLIC FACE
♦ WMNYL Vi'f #4107 BKGD
5/F ILLUM. WALL SIGN
SCALE: 1/2" - 1'-0" QTY 2
51ZE: 7`-1/2" H X T-O" L
FiZAME: TYPE I
GOLOR: PTD. TO MATCH TEAL VPT #4107
FACE: 3/16" WHITE H.I. ACtZYLIC
GRAPHICS METHOD: YINYL MASK
ARTWORK: ON FILE
ILLUM.: (8) 84" H.O. LAMPS (2) 3782
ELEC. LOAD: 120V. 6.6 APPROX. AMPS
POSTS: N/A
MOUNTING: DIRECT ON WALL
LOGO AND COPY TO ILLUM.
WHfTE
21" WIDE STRIPE PURPLE VT
#4106
REtAINER PORTION P'fD. TC
MATGH PURPLE YT #4106
�s.os SIGN ELEVATION
CITY OF FRIDLEY
APPEALS COMMISSION MEETING, MARCH 14� 1995
CALL TO ORDER•
Chairperson Savage called the March 24, 1995, App s Commission
meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Diane Savage, Lar Kuechle, Ken Vos,
Cathy Smith
Members Absent: Carol
Others Present: Sco Hickok, Planning Coordinator
M' ele McPherson, Planning Assistant
ackie Jedlicki, Fridley Convalescent Home
Steve Hirtz, Nordquist Sign Company
APPROVAL OF ARY 31 1995 APPEALS COMMISSION MINUTE :
MOTION Ms. Smith, seconded by Mr. Kuechle, to approve the
Janua 31, 1995, Appeals Commission minutes as written.
f A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED
MOTION CARRIED IINANIMOII3LY.
l. PUBLIC HEARING• CONSIDERATION OF A VARIANCE RE4UEST VAR
95-03 BY NOR UIST SIGN COMPANY:
Pursuant to Section 214.04.02.B of the Fridley City Code,
increase the size of a wall sign from 3 square feet to 49
square feet at Fridley Convalescent Home, on Lot 1, Block
Maple Manor Addition, except the Easterly 184.45 feet,
generally located at 7590 Lyric Lane N.E., Fridley,
Minnesota.
MOTION by Mr. Kuechle, seconded by Ms. Smith, to waive the
reading of the public hearing notice and to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYR, CHAIRPERSON SAVAGB DECLARED
THE MOTION CARRIED AND THE PQBLIC HEARING OPEN AT 7:33 P.M.
E3•7
1,
Ms. McPherson stated the request is for a variance to the wall
sign requirements in the R-1, Single Family District. The
petitioner is representing Fridley Convalescent Home which is
located at 7590 Lyric Lane. The subject parcel extends to the.�_
intersection of Madison Street and Lyric Lane. Located to th�
north of the subject parcel is the Fridley Medical Center and
Iocated to the west is Unity Hospital. Located south of the
subject parcel is an R-1, Single Family District. There is R-3,
General Multiply Family District zoni�g, to the north and east of
the subject parcel.
15.09
APPEALS COMMISSION ME�TING. MARCH I4, 1995 PAGE 2
Ms. McPherson stated the request is to allow two 49 square foot
wall signs. The first is to be located on the west face of the
building and the second to be loca�ed on the north face. Again,
Lyric Lane runs along the south edge of the parcel with single
family zoning to the south.
Ms. McPherson stated, in 1965, the City issued a special use
permit for the construction of the convalescent home.
Convalescent homes, hospitals, clinics, nursing homes and homes
for the elderly are all special uses in the R-1, Single Family
District. In 1970, the City issued two sign permits which
allowed two 23 square foot signs in the same location that the
petitioner is proposing to locate the new signs. These signs are
comprised of unlit, individual letters each being one foot tall.
In doing research regarding the sign code and reviewing the
address file, it was unclear to staff how the permits were issued
since the sign code at that time did not permit wall signs of
that size in a residential district of that size. Additional
permits for the building were issued in 1982 and 1991. In 1985,
the City approved a special use permit to allow for a parking lot
expansion on the site.
Ms. McPherson stated the request is to increase the maximum
square footage of a wall sign in an R-1 district from 3 square
feet to 49 square feet. The signs as proposed by the petitioner
will be 7 feet x 7 feet and will be lit. These are basically
cabinet signs.
Ms. McPherson stated, prior to granting a variance from the
literal provisions of the sign code, there are four conditions
that should be met by the applicant, as follows:
a. That there are exceptional or extraordinary circumstances
applicable to the property, or to the intended use that do
not apply generally to other property in the same vicinity
and district.
Ms. McPherson stated the property is zoned R-1, Single Family
Dwelling. The use as a convalescent home is a special use in the
R-1 district. The residential district sign code regulates sizes
and setbacks in the R-1 district. Wall signs as defined by the
sign code in the R-1 district can be a maximum of three square
feet in area. The R-1 district does not recognize alternative
special uses within the R-1 district. Therefore, the variance as
requested would be necessary as the use is unique as compared to
a single family home.
Ms. McPherson stated the petitioner has the alter�ative o�=``-�`
pursuing an institutional sign of 32 square feet in area. This
would be a free standing sign which could be located ten feet
from any property line or driveway. The most logical location
for such a sign would be along the frontage of Madison Street
where it could be visible from the main traffic flow from the
15.10
f �` _ �_.
APPEALS COMMISSION MEETING, MARCH 14, 1995 PAGE 3
clinic and hospital. This option, however, would have greater
impact on the surrounding residential properties than the
proposed wall signs.
b. That the variance is necessary for the preservation and
enjoyment of a substantiaZ property right possessed by other
property in the same vicinity and district, but which is
denied to the property in question.
Ms. McPherson stated, in order to identify the convalescent home,
a sign larger than three square feet is necessary. The building
measures approximately 97 feet x 250 feet. Three square feet of
signage would be dwarfed by the building. It would serve to
identify 7590 and not be able to identify Fridley Convalescent
Home. If the convalescent home were located in the CR-1, General
Office District, as is the medical ciinic to the north, the
standard wall sign formula could be used, which is equal to the
square root of the wall length times 15. Using that calcu�ation,
approximately 128 square feet of signage would be permitted along
the north wall and 140 square feet of signage would be permitted
along the west wall. The variance as requested by the petitioner
is within the guidelines of the CR-1, General Office District,
regulations. If the property were zoned general office, the
variance would not be required. This request is similar in
nature to the Insurance Mart variance on Highway 65. In that
instance, an office use was located in the R-3, General Multiple
Family District, which was a permitted use at the time the
building was constructed. Variances for a pylon and wall signs
were granted to the Insurance Mart complying with the CR-1,
General Office District reguiations.
c. That the strict application of the chapter would constitute
an unnecessary hardship.
Ms. McPherson stated strict application of the regulations would
limit the petitioner to three square feet of signage which is
very limited. In addition, it clearly indicates in Section
214.09 of the R-1 District sign code that the three square feet
for a sign applies to dwellings.
d. That the granting of the variance would not be materially
detrimental to the public health, safety or general welfare
or detrimental to the property in the vicinity or district
in which the property is located.
Ms. McPherson stated the petitioner is proposing to locate the
signs on the west and north faces of the building which is away ��r�-�
from the single family and multiple family structures to the -��-°-�-
south and east. While the signs are lit, they would not
adversely impact the residentiaZ districts. If the CR-1 District
were used as a guide, the requested square footage is within that
which would be permitted in that district.
15.11
APPEALS COMMISSION MEETING MARCH 14 1995 PAGE 4
Ms. McPherson stated staff recommends that the Appeals Commission
recommend approval of the request to the City Council with the
following siipulatzon:
1. The variance shall remain in effect until:
a. The signs are altered in any way except for routine
maintenance, and change oF messages which makes the
signs less in compliance with the chapter than it was
before the alteration.
b. The supporting structure of the signs is replaced or
remodeled.
c. The face of the signs is replaced or remodeled.
d. The signs become dilapidated or damaged, and the cost
of bringing them into compliance is more than 50� of
the value of said signs, at which time all of the signs
and their structures must be removed.
e. Notwithstanding sub-paragraph (a) above, the name of
the business being changed on the signs.
Ms. Savage asked if it was correct that the petitioner would not
need a variance in an R-1 district for a free standing, 32 square
foot institutional sign.
Ms. McPherson stated this was correct. An institutional sign is
defined as a sign which is permitted in all districts to identify
a public or private institution includinq churches, schools,
hospitals, and medical clinics.
Ms. Savage asked for additionaZ comments from the petitioner.
Ms. Jedlicki stated she had no additional comments. She thought
overall the signage would decrease from what is there now. The
signs would not be intruding on the residential property to the
south because the signs would be to the west and north.
Ms. Savage asked if there had been any opposition to the request.
Ms. Jedlicki stated she had received no calls.
Ms. Savage asked if the new signs wouZd be in the same place.
Ms. Jedlicki stated yes, but the signs would not be as long.
Ms. Savage asked why they felt it necessary to have a different
sign.
r-- Ms. Jedlicki stated the new signs would reflect the current �;�---
� ownership of the nursing home, will feature the corporate logo,
and wi11 be lighted to make it easier for people to see the sign.
Dr. Vos asked if the sign was to be a backlit sign.
15.12
APPEALS COMMISSION MEETING MARCH 14 1995 PAGE 5
Mr. Hirtz stated the sign would be illuminated from the interior.
The sign is about 10 inches in depth.
MOTION by Mr. Kuechle, seconded by Ms. Smith, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AY$, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:45 P.M.
Dr. Vos stated he thought this was a reasonable request given
taking off the signs on the wall and the sensitivity to the
neighbors to the south through the location of the sign. The
request satisfies the conditions of the sign code. He would
support the request.
Ms. Savage agreed. She normally does not recommend a sign
variance. This is a unique situatian and property. She did not
see how it would have an adverse impact on the neighborhood. The
signage does not face the single family or multiple family
dwellings. The request is reasonable.
Mr. Kuechle and Ms. Smith concurred.
Dr. Vos asked the petitioners if the stipulations were a concern.
Ms. Jedlicki and Mr. Hirtz stated they had not seen the
stipulation.
Mr. Hickok stated the stipulation states, in essence, they can
keep the sign but if there are any changes in the name or logo,
the City would then require a new variance.
Ms. Jedlicki asked, if the signs were damaged due to weather,
would they need to reapply.
Ms. McPherson stated this would be required if the cost to repair
would be more than 50o.of the value of the sign.
Mr. Kuechle stated these are standard requirements used almost
anywhere.
Ms. McPherson stated this particular section of the sign code is
written to deal with nonconforming signs. The City Council has
taken the position that just because they have granted a variance
does not mean that in the future they do not want to look at it
again. These provisions provide the opportunity for that to
occu�.
Dr. Vos stated this seems more restrictive than some of the other
requests.
15.13
APPEALS COMMISSION MEETING, MARCH 14, 1995 PAGE 6
MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend
approval of Variance Request, VAR #95-03, by Nordquist Sign
Company to increase the size of a wall sign from 3 square feet to
49 square feet at Fridley Convalescent Home, on Lot 1, Block 1,
Maple Manor Addition, except the Easterly 184.45 feet, generally
located at 7590 Lyric Lane N.E., Fridley, Minnesota, with the
following stipulation:
1. The variance shall remain in effect until:
a. The signs are altered in any way except for routine
maintenance, and change of inessages which makes the
signs less in compliance with the chapter than it was
before the alteration.
b. The supporting structure of the signs is replaced or
remodeled.
c. The face of the signs is replaced or remodeled.
d. The signs become dilapidated or damaged, and the cost
of bringing them into compliance is more than 50� of
the value of said signs, at which time all of the signs
and their structures must be removed.
e. Notwithstanding sub-paragraph (a) above, the name of
the business being changed on the signs.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated the City Council would consider this request
at their meeting of April 10.
2. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS
Ms. McPherson provided an update on Planning Commission and Ci
Council actions.
ADJOURNMENT•
MOTION by Mr. Kuechle, seconded by Dr. Vos, adjourn the
meeting.
UPON A VOICE VOTE, ALL VOTING AYE HAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE 14, 1995� APPEALS COMMISSION
MEETING ADJOURNED AT 7:55 .
Respectfully submit��d,
�
Lavonn ooper �
Re ding Secretary
15.14
DESCRIPTION OF REQUEST:
The petitioner requests a variance to reduce the side yazd setback for an attached accessory structure from
4 feet down to 3 feet. If approved, the variance request would allow construction of a 9 foot addition
on to an existing attached 12 foot by 30 foot single car garage.
SUMMARY OF ISSUES:
This request is common in the community as a number of dwellings with attached single car garages exist
in Fridley. The code, in fact, was changed to accommodate these expansions. The adjacent property
owner to the north has written a letter opposing the variance request. The neighbor is concerned with
drainage and lack of snow storage.
Alternatives:
1. Construct an addition of 8 feet without a variance.
2. Construct a detached second accessory structure in the rear yard.
RECOI��V�NDED ACTION:
If the Council approves the request, staff recommends the following stipulation:
The north wall of the addition shall be one hour fire rated with no openings. The overhang
shall not exceed 12".
APPEALS COMIVIISSION AGTION:
,.:�..
The Appeals Commission voted 2:1 to recomrriend approval of the request to the City Council, with the
stipulation noted above.
� s.� �
Petition For:
Location
of Property:
Legal Description
of Property:
Size:
Topography;
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
66570 2ND STREET SIDE YARD SETBACK VARiANCE REPORT
PROJECT DETAILS
Variance request to reduce the sideyard setback for an attached gazage from 4' to 3'
6570 - 2nd Street
Lot 8, Block 2, Rice Creek Plaza South Addition
80 x 136.28
Urban, but sloping from east to west
Sod, trees, typical suburban
R 1, Single Family Dwelling
Connected
2nd Street
Pedestrian
Access: N/A
Engineering
Issues: N/A
Site Planning
Tssues:
DEVELOPMENT SITE
Section 205.04.B.(2).(b) requires a setback of 4 feet for an addition to an existing attached single car garage.
The public purpose served by this requirement is to allow the expansion of single car garages while maintaining a
minimum distance between structures. This. �i�s�in limiting crowding conditions in a residential district.
2
� 6.�2
The petitioner is requesiing a variance to reduce the side yard setback for an attached garage from 4 feet to 3 feet.
Located on the subject parcel is a single family dwelling wut with an attached single car garage. The structure was
constructed in 1958. To the rear of the garage is a screened in porch. The property has a topograpt�ic change from
east to west, such that the lower level of the dwelling unit is a walk-out. Located on either side of the subject parcel
are single farnily dwelling units.
The petitioner purposes a 9 foot addition to the existing single car garage. Located on the property to the north is
a single family dwelling unit with an attached single car garage facing the proposed addition. Located along the
common property line is a variety of veg�ation The code pemuts an expansion of an attached single car garage down
to 3 feet if the following conditions are met:
1. The house on the adjacent lot is locate�i 10 fcet from the iot line.
2. A two car garage on the adjacent lot is located 5 fcet from the lot line.
The petitioner could construct an 8 foot addition without a variance request.
The property owner to the north has written the attached letter opposing the variance request. The neighbor, in her
letter, points out that the petitione� has the option conshucting a detached second accessory structure in the rear yard.
This option is viable for the petitioner, it would require the petitioner to apply for a special use pernut.
The variance is within previousiy granted variances. If the Appeals Commission choases to approve the request, staff
recommends the following stipulations:
Petitioner shall provide an expanded hardsurface driveway by October 1, 1995.
2. The north wall of the addition shall be one hour fire rated with no openings. The overhang shall not
exceed 12".
WEST:
souTx:
EAST:
NORTH:
Comprehensive
Planning Issues:
Pubiic
Commen�s:
None
ADJACENT SITES
Zoning: R-3, General Mulriple Family
Zoning: R 1, Single Family
Zoning: R 1, Single Family
Zoning: R 1, Single Family
�
Use: Multiple Family
Use: Single Family
Use: Single Family
Use: Single Family
Letter received from neighbor to the north, 6700 - 2nd Stre�t, expressing opposition to the
request.
As a r�sult of the Appeals Commission discussion, staff re-reviewed the site swvey for 6700
- 2nd Street (attached). From the s�wey, it appears that the property owner could consaud
a 10 foot addition to their garage without a variance.
16.03
3-13-95
City of Fridley
6431 University Ave N.E.
Fridley, Minnesota 55432
. To whom it may concern;
I am writing in re�ards to the reguest for variance at 6570 N.E.
2nd St. I am not in favor for this variance, and I have not given
approval, nor has anyone associated with me given ap�roval on this.
The existing side yards between the two homes are quite small, and
as you look over the entire neighborhood all the property between
the homes is quite limited. I would not have a problem with the
double garage built in the back of the lot, but up in front it would
be very close. Also, would there be any room for a overhang if he
wants this variance? Z understand the overhang can not be less than
3 feet from the property line. Furthermore, the driveway would probably
have to be widened to accommadate the enlarged garage, and perhaps the
removal of 3 bushes that are there now, which would leave very little
space between their (widened) driveway, and my already widened driveway.
In other words there could be alot of asphalt driveway, with Ii�ited
space between for snow removal.
Fridley has been my home for 31 years, and I have been very proud of
this neighborhood. I would like to think I have a voice in envoking
my rights and protecting my property.
Si rely,
.
eanette Yli n
6700 2nd St. N.E.
Fridley, MN. 55432
CC: Steve Hosch
i
16.04
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FORM
PROPERTY INFORMATION - site plan required for submittal; see attached
Address: � S'%O � "i� S?,��'�T N.� �
Property Identification Number (PIN) �/� `�3 4-� 07 ¢- B� 3- O 0 2�
Legal description: �
Lot � Block v2- TracdAddition ��G� C��k' P4R2R SovT�
Current zoning: �- ��S�'= � L Square footage/acreage ��, s9 %�
Reason for variance and hardship: wavLp � i�r� T o�xvan+n GA�R6E t„��rH�nl _
3 FGE r p� Lor L�N� Fo�. �
Mc�E c�..►�r_T►a.va� �.o�� �-r Section of City Code: 'l�i�-.Cx, .�: )� ��O 1
'�f,4vE N�/�Hd'O/P.'S /�E.PMiSSi d/J� � ����G���� �
Have you operated a busmess m a city which required a business license . �� `�' '
Yes No _� If yes, which city? U� �`�"'� '�'�K�
If yes, what type of business?
Was that license ever denied or revoked? Yes No
FEE OWNER INFORMATION (as it appears on the property title)
(Contract Purchasers: Fee Owners must sign this form prior to processing)
NAME �T�d�fl�it/ ?'. hIOS�C�I � NLl qN/V -/�1 AQ�L� �lOSC�
ADDRESS �i S�'i ' n � n�./� dc'T.�.� �'7 �/ �- -- l�� i3O L E y''
DAYTIlvIE PHONE 3 3 3'�0 5,3 3
SIGNATURE ^ _ ���-:a--�-�, DATE 3���`J.�
PETITIONER INFORMATION
NAME ST� V�' /-� OsG jv�
ADDRESS �`D�'i d��!� �7`2�'�'T N� r ��2��t E y''
DAYTIlviE PHONE 3.3 �- (D S� .� �
SIGNATURE "T_ "' DATE 3� �9', S
Fee: $100.00 $ 60.00 �/ for residential pro_per6es
Permit VAR # ��� Di Receipt.# ��S
Application received by:
Scheduled Appeals Commission date: � 9.i'
Scheduled City Council date:
16.05
VAR 4�95-05
Stephen Hosch
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� The property owner of 6570 2nd street N.E. has�requested
a setback variance. The owner would like to reduce the
setback of and addition to an attached single car garage
from 4 feet to 3 feet.
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Stephen Hosch
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VAR i�95-OS
Stephen Hosch
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MINDER ENGINEERING CO.,INC.
ENGI NEERS AND SUR�/EYORS
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APPEALS COMMISSION MEETING MARCH 28 1995 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, VICB-C$AIRPERSON RIIE LE
DECLARED THE MOTION CARRiED AND THE PIIHLIC HEARING CIA D AT 7:53
P.M.
MoTTON by Dr. Vos, seconded by Ms. Smith, to acce into the
public record the March 24, 1994, letter from M. Emil Menard
regarding this request.
IIPON A VOICE VOTE, ALL VOTING AYS, VICE- RPERSON KUECHLE
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Dr. Vos stated the request is for a fr nt yard setback
encroachment. His experience is tha , if you are going to do
that and ask for a variance, there st be a hardship whether it
be the lay of the front yard, a c ner lot or somethinq to say
that this is the only way we can ake a two car garage or an
expansion. The first public p ose is to allow parking, which
the petitianer still may have The second purpose is the Iine of
site encroachment into the ighbor's front yard. This request
is to go 10 feet forward a the neighbor to the south has a
bedroom. If there was no other option except to go out the
front, he would approve e request, but he was not goi.ng to vote
for the request.
Ms. Smith agreed. S e sympathizes with the petitioner and
realizes it makes s nse. In driving down that street, all the
houses line up on oth sides of the street. She would have a
difficult time a roving this variance request and then not
approving if ot ers on the street came in with a similar request.
Mr. Kuechle
MOTION by . Vos, seconded by Ms. Smith, to recommend denial of
Variance equest, VAR #95-04, by Michael Panning, to reduce the
front y d setback from 35 feet to 28.4 feet to allow an addition
to a g age, on Lot 14, Block 8, Christie Addition, generally
locat at 6351 Quincy Street N.E., FridZey, Minnesota.
A VOICE VOTE, ALL VOTING AYE, VICE-CH.AIRPERSON RIIECHI�E
RED THE MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated the variance request would be considered by
the City Council on April 10.
2- PUBLIC HEARING:``CONSIDERATION'OF'A`VARIANCE REOUEST VAR�,
#95-05 , BY STEPHEN Hn��'`H�. _: ` '
Pursuant to Section 205:�&�=.-«E�5.B. (2j .(b) .(1) of the Fridley
City Code, to reduce the setback of an addition to an
attached single car garaqe from 4 feet to 3 feet, on Lot 8,
Block 2, Rice Creek Plaz,�► S.outh Addition, generally located
at 6570 -2nd Street N.E., Frldley, MN
16.10
APPEALS COMMISSION MEETING MARCH 28 1995 PAGE 5
MOTION by Dr. Vos, seconded by Ms. Smith, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICB-CSAIRPERSON RIJECHLE
DECLARED THE MOTION CARRIED AND THE POBLIC HEARING OPEN AT 7:58
P.M. �
Ms. McPherson stated the request is located at 6570 - 2nd Street
N.E. The property is north of Mississippi Street and northwest
behind the Holly Shopping Center. The property is zoned R-1,
Single Family Dwelling, and there is additional R-1 zoning on all
sides of the subject parcel.
Ms. McPherson stated the petitioner is proposing to construct a
9-foot addition onto an existing 12 foot x 30 foot single car
attached garage. There is approximately 12 feet between the
existing garage wall and the property line to the north. The
code does permit an expansion of an attached single car garage
down to 3 feet if the following conditions are met:
1.
2.
The house on the adjacent parcel is located 10 feet from the
lot line.
A two-car garage located on the adjacent lot is located 5
feet from the 1ot line.
Ms. McPherson stated the property ta the north is a single family
dwelling unit with an attached single car garage which is located
more than 5 feet from the lot line. The conditions met by the
petitioner's request would permit an addition of 8 feet without a
variance. The code would allow the setback to be reduced down to
4 feet as opposed to the typical 5-foot setback. The property
owner to the north submitted a letter objecting to the variance
request. The petitioner has an option of constructing an 8-foot
wide addition or pursuing a second accessory structure in the
rear yard which would require a special use permit as opposed to
a variance reguest.
Ms. McPherson stated this request is within previously granted
variances. Staff does not have a recommendation to the Appeals
Commission. However, if the Appeals Commission chooses to
approve the request, staff recommends the following stipulations:
1.
2.
Petitioner shall provide an expanded hard surface driveway
by October 1, i995.
The north wall of the addition shall be one hour fire rated
with no openings. The overhang shall not exceed 12 inches.
Dr. Vos asked how far the single car garage to the north is from
the lot line.
16.11
APPEALS COMMISSION MEETING MARCH 28 1995 PAGE 6
Ms. McPherson stated that information was not available in the
address file.
Dr. Vos stated, as he understands it, the property to the north
has a single car garage. If that person wanted to build a double
garage, would the granting of this variance preclude them from
ever building a two-car garage? If one person is within 4 feet
on one side, there needs to be a certain width for fire.
Ms. McPherson stated the code states that typically accessory
buildings and structures in side yards are not to be closer than
5 feet; however, single car attached garages may be expanded down
to 3 feet if the following conditions are met - the house is
loeated at least 10 feet from the lot line or a double car garage
which is located at least 5 feet from the lot line. Granting
this variance would eliminate the first option of the property
owner to the north which would be 3 feet.
Ms. McPherson stated the second set of conditions is that the
setback for an addition to an attached single car garage may be
reduced to 4 feet from the lot line if the following conditions
are met - a single car garage which is at least 4 feet from the
common line or a house with a double garage, or a double car
garage at least four feet from the lot line. The intent of the
code is to maintain a minimwn of 8 feet between structures as
opposed to what would typically required for today's construction
of 10 feet.
Dr. Vos stated, if the Agpeals Commission grants the variance
down to 3 feet, the neighbor to the north cannot build any closer
than 5 feet in order to keep the 8-foot distance. This does have
an impact. If both go to 4 feet, neither would be here.
Mr. Kuechle stated the 3-foot distance is at the front corner of
the garage. The lot is not square. What is the distance at the
back of the garage?
Ms. McPherson stated the distance from the lot line at the rear
of the garage is approximately 5 feet.
Mr. Hosch stated the garage is currently 20 feet deep with a
breezeway behind it. They plan to convert the breezeway into a
kitchen along with other remodelling. When adding the new bay to
the garage, they would like to extend it 30 feet to the back of
the house to keep the back wall consistent. If the addition is
limited to 8 feet, this would make it very di;��?�ult to open the
doors. Nine feet would make it more functioii�i`'io bring cars
into the garage. The other issue is the lot. The lot is not
square. It is only the first 10 feet or so of the addition that
wbuld require a variance. The driveway is already a two-car wide
driveway. The construction would be a one-hour fire wall
�6.�2
APPEALS COMMISSION MEETING MARCH 28 1995 PAGE 7
addition. There would be no windows, and the garage would be
insulated. The plans already meet the stipulations.
Ms. Smith stated she was perpZexed as to the letter from the
neighbor indicating that you want to widen your driveway more.
Mr. Hosch stated he also did not understand. The driveway is
more than two cars wide and there is no reason to widen the
driveway further. The snow removal or storage would not change.
There are a few bushes and a trees there. If there were any
issues, those could be removed. There has never been a problem
with snow removal and there would be no change.
Dr. Vos stated the petitioner had mentioned something about the
breezeway. He asked where the kitchen would be located.
Mr. Hosch stated the existing garage has a breezeway. The garage
is 20 feet with a 10-foot breezeway behind it. The addition to
the garage would be one bay 30 feet lonq. Nine feet would make
the garage more functional. He wanted to keep the addition in
line with the character of the neighborhood and keep it in line
with the existing wall.
Dr. Vos asked if 8 feet would not meet what he wants to do.
Mr. Hosch stated 8 feet would be very tight. He has full size
cars which would make it very tight. With a truck, it would be
very difficult to pull ahead. He wanted to make the addition
functional for a standard vehicle.
Ms. Smith asked the distance from the back of the garage to the
property line.
Mr. Hosch stated he did not know. He would have to run a tape or
find the stakes to find that out. The lot is wider toward the
back.
Dr. Vos asked where the fire hydrant was located.
Mr. Hosch stated the fire hydrant is on his property by the
driveway. The driveway will not change or affect the hydrant.
Ms. Ylinen stated she was the neighbor to the north. She thought
Dr. Vos made a valid point that, if she were to build an addition
also, she may not have enough room to do so. She is looking at
retirement living dow�-tYae road. If a young couple were to
Purchase the property,°`���y would like to do improvements also
and it would not be possible.
Mr. Kuechle asked the size of the garage on her property.
16.13
APPEALS COMMISSION MEETING, MARCH 28, 1995 PAGE 8
Ms. Ylinen stated her garage is the same as Mr. Hosch's garage.
The room to expand is also the same.
Dr. Vos asked why the lot line runs at an angle.
Ms. Ylinen stated the lot line is at an angle. There is a hedge
put in by the first owners along the property line. That goes
from about where the garage starts all the way to the back of the
lot. As �uch as she understands without a survey, that hedge was
to have been put on the property line.
Dr. Vos stated it looks as though there are other lots that do
not have straight lot lines.
Ms. Ylinen stated, when she purchased the property, it was
described as a pie-shaped lot.
Dr. Vos stated, if the lot line would have run as it should, the
petitioner would have no difficulty with the garage.
Ms. Ylinen stated, as far as sh� knows, the homes are about the
same throughout the neighborhood. The width between the homes
seems to be pretty standard when driving through the
neighborhood. There are a lot of winding streets so the lots are
at odd angles.
MOTION by Dr. Vos, seconded by Ms. Smith, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRP$RSON xIIECHLE
DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL03ED AT 8:15
P.M.
MOTION by Ms. Smith, seconded by Dr. Vos, to accept into the
public record the March 13, 1995, letter from Ms. Jeanette Ylinen
regarding this variance request.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE
DECLARED THE MOTION CARRIED IINANIMOIISLY. �
Dr. Vos sta.ted he thought this was difficult. The addition would
enhance the neighborhood because there would be a two-car garage.
It would enhance the property. It seems like a reasonable
request. The diificulty he has is that, anytime a variance that
one gets impacts the ability of an adjacent property, he has
_�..
_ concerns. The decision has more impact on the neighbor than �_,-
-�-saying it is too close. If the petitioner is granted the •- ��-
variance, the property owner to the north automatically has to go
through special conditions in order to build a two-car garage
that will function. He has difficulty in giving a variance to
one neighbor but denying to another. One option is to build an
16.14
f
k.
APPEALS COMMISSION MEETING� MARCH 28, 1995 PAGE 9
addition of 8 feet without a variance. Another option, which he
does not recommend, is to build somewhere else on the property.
Based on this, he would approve an addition to 8 feet but then
the petitioner does not need a variance.
Ms. Smith agreed that this is difficult. She would be inclined
to vote for approval. She understands that this leaves the
neighbor to the north with some difficult options. She sees a
hardship here and sees the property owner could run the addition
at an angle which does not make sense. Putting on a one-foot
variance still meets the spirit of the code and still leaves an
option for the neighbor. Although she had a hard time with the
request, she would be inclined to vote for approval.
Mr. Kuechle stated he would be inclined to vote for approval.
Reducing the setback by one foot does put the neighbor into the
position to ask for a variance but it does not preclude them from
getting one. They could be denied the variance but, if the
Appeals Commission were going to deny this request, the
Commission would be doing the same thing. By approving, the
Appeals Commission is setting a precedent for the neighbor to the
north. The Commission is not denying the person to the north
fair use of their property. He realizes that visually this will
be tight, but he thought the alternative of putting on less than
a 9-ioot addition is also tough. A 21-foot garage is not
excessive. He would be inclined to recommend approval.
MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend
approval of Variance Request, VAR #95-05, by Stephen Hosch, to
reduce the setback of an addition to an attached single car
garage from 4 feet to 3 feet, on Lot 8, Block 2, Rice Creek Plaza
South Addition, generally located at 6570 - 2nd Street N.E.,
Fridley, Minnesota, with the following stipulation:
l. The north wall of the addition shall be one hour fire rated
with no openings. The overhand shall not exceed 12 inches.
UPON A VOICE VOTE, WITH MS. SMITH AND MR. RIIECHLE VOTING AYE AND
DR. VOS VOTiNG NAY, VICE-CHAIRPERSON KUECHLE DECLARED THS MOTION
CARRIED BY MAJORITY VOTE.
Ms. McPherson stated this request would be considered by the City
Council on April 10.
ADJOURNMENT
MOTION by Dr. Vos, seconded by Ms. S' , to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTIN , VICE-CHAIRPERSON RIIECHLE
DECLARED THE MOTION CARR AND THE MARCH 28, 1995� APPEALS
COMMISSION MEETiNG RNEp ,�j�' .,�,i,�3 �,'.M.
16.15
I U
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Community Development Department
PLA►�V�VING DIVISION
DATE; Apri15, 1995
City of Fridley
TO: William W. Burns, City Manager �
, �
FROM: Barbara Dacy, Community Deveiopment Director
Scott I-i'ickok, Planning Coordinator
Lisa Campbell, Planning Assc�ciate
SUBJECT: Council Action: Consideration of Addendum II ofthe Lease Agre�.ment between
the City of Fridley and Recycle 1Vfinnesota Resources, Inc.
Council Review of Plastics Recycling Fee
On March 6, 1995, Council reviewed the City's piastic recycling policy and practices. Currently,
plastics are not included as an acceptable item in the curbside reccycling progra,m. Residents may,
however, take their necked plastic i�ottles to the Recycling Center and pay a fee of 5 cents per
pound. Upon review of this policy, Council detern�ined that the City woutd monitor tocal market
conditions for necked plastic bottles. Should the local market value of plastic improve
significantly, Council may decide to add necked plastic bottles to the curbside recycling program.
Council's Direction: City Pays Ptastics Recycling Fee
The Council also deternnned that the City would begin paying the per pound fee for recycling
necked plastic bottles at the Recycling Center. This change in policy necessitates an addendum to
the .current Lease Agreement with Recycle 1Viinnesota Resources. The attached addendum
formalizes this policy change. It allows the Contractor to invoice the City for the per pound fee
and allows the City to pay this fee.
Features of the Addendum
Significant features of the addendum inciude:
1. A November 1, 1995 termination date
2. A two year extension upon muti�ai• agreement
3. A thirty day (34) notice for cause
4. A one hundred and eighty day (180) notice for all other reasons
5. Billing shall include pounds per month recycled, rate per pound, weight slips, and
identification of end market.
17.01
William VV. Burns
April 5, 1995
Page 2
Staff Recommendation:
The addendum is necessary to formalize the Council's desire to pay the recycling fee at the
Recycling Center. Staff recommends that Council approve the addendum and authortze the
Mayor and the City Manager to execute the addendum. If you have any questions, please feel
free to contact Lisa at Extension #594.
LC:da
17.02
M-95-210
ADDENDUM II TO LEASE AGREEMENT
This agreement is made this day of , 1995, by and between the City of
Fridley (the City) and Recycle Iviinnesota Resources, Inc. (the Contractor), and is made part of
the lease agreement dated October 7, 1991, between these two parties.
l. This Lease Agreement between the City and the Contractor expires November 1, 1995
with an additional two year extension of the Lease granted, upon mutual ageement of
both parties.
2. The Lease Agreement may be ternunated for cause upon either party giving the other
party a thirty (30) day notice. In a11 other instances, the Lease Agreement may be
terminated by either party upon a one hundred and eighty day (180) written notice (Article
VIII).
3. The Contractor charges a per pound fee to recycle necked plastic botttes. Currently, users
of the recycling center pay this fee.
4, Effective April 1, 1995, the City shall pay the per pound fee to recycle necked plastic
bottles on behalf of users of the site.
5. The Contractor shall submit a monthly invoice to the City for payment of the per pound
fee for recycling necked plastic bottles. The monthly invoice shall include the number of
pounds recycled, the per pound rate and weight stips documenting the pounds identified
within the invoice. The Contractor shall identify the end market for all invoiced necked
plastic bottles on the invoice.
6. The City shali pay the invoice within thirty days.
This addendum to the Lease Agreement constitutes a full understanding and agreement of both
parties regarding payment of the per pound fee for necked plastic bottles at the leased premises.
CITY OF FRIDLEY RECYCLE MINNESOTA RESOURCES, INC.
:
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17.03