SAV87-09 CITY OF FRIDLEY REZONING REQUEST ZOA #
6431 UNIVERSITY AWE. N.E. _ 4
FRIDLEY, MN 554 WA
EQUEST SAV # ��
(612)571-34 50 A :'
PLATTING REQUEST P.S. #
REQUEST FEE J_5. An PARK FEE RECEIPT #
SCHEDULED PLANNING C3I11ISSION MEETING DATE 2-13Q /87
SCHEDULED CITY CIDUI,,lCIL f-EETING DATE
PROPERTY INFORMATION
PROPERTY ADMESS1 1 1 �E i�2'1 L C F-` F _
LIUAL DESCRIPTION:
LOT BLOCK TRACi/ADDITION 14eyvTt�Efa- 141 t-S Si„Lc1•N� (AL7D inOK1
PRESET ZONING - REQUESTED ZONING
REASON FOR REQUEST: A site plan showing the proposed future use is required for all
rezoning.
AJ RC1 62
-T
FEE OWNER INFORMATION
NAME (pl ease pr int)_(oIZ`�fo 0 R� (YIG-iz i tj.11-bMPHONE # 5^1 I "0 Ll
ADIRESS n [I lL EIZP-4 l k. r i�t C ty
SIGNATURE DATE 7 �
Note** ******************* * *** ' * * * * `* ' '******** '**�*****4******* *
PETITIONER INFORMATION Q
NAME (please print) (' ef' Otztl 1m02-1 e-WJ0A-1PHONE #
ADERESs 1r I I l /6 X121?1� LOU �=�'-1 O L E-V
SIGNAIURE� DATE
��
O`
PL,NI?NING COMI•iISSION : APPROVED DENIED DATE
CITY COUNCIL: APPROVED DENIED DATE
STIPULATIONS:
• �
The petitioner hereby understands that:
1. The City will notify all residents and owners of property within 200
feet of said property.
2. This application must be sided by all owners of the property, or an
explanation given why this is not the case.
3. Responsibility for any defect in the proceedings resulting frac, the failure
to list the rames and address of all residents and property oaners of
property in question, belongs to the petitioner.
4. A scaled plan of proposed property and structure must be drawn and attached,
showing the following:
North direction
Location of the proposed structure, and front and rear
setbacks.
Landscaping if appl ica bl e
Str eet n?mes
Location and use of adjacent existing buildings within
350 feet.
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A S rm ra l3 ETRE�, M`al Nt�u.SE p,►� t"� ETLT o►J P S I-W U�:�E
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SAV #87-09 4q
. Gregory Mo:rtenson
CIWOF
HaDLLY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450
September 2, 1987
TO WHOM IT MAY CONCERN:
The City of Fridley Planning Commission will be holding an informal hearing
on a request for a Vacation, SAV #87-09, by Gregory Mortenson, to vacate the
6 foot drainage easement on the north side of Lot 3, Block 2, Heather Hills
Second Addition, the same being 6191 Kerry Lane N.E.
Anyone who wishes to be heard shall be given the opportunity at the Planning
Con nission meeting on Wednesday, September 16, 1987 in the Council Chamber of
City Hall at 6431 University Avenue N.E. at 7:30 p.m.
STEVE BILLINGS
CHAIRMN
PLANNING CDMMISSION
SAV #87-09
SAV # 9 6191 Kerry Lane NE. Gregory Mortenson5 A
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LOCATION MAP
sAv #87-09 4B
OGregory Mortenson
anning 9/2/87
Council 10/2/87
Gregory Mortenson MAILING LIST
SAV #87-09
Kurt Schrupp Dennis Forstrom Patrick Ohern
6171 Kerry Lane N.E. 6230 Rice Creek Drive N.E. 6243 Kerry Lane N.E.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Donald Bratt Dennis Christensen Larry Morford
6181 Kerry Lane N.E. 6220 Rice Creek Drive N.E. 6235 Kerry Lane N.E.
Fridley, MN 55432 Fridley, HN 55432 Fridley, MN 55432
Gregory Mortenson Timothy Solberg Robert Osman
6191 Kerry Lane N.E. 6210 Rice Creek Drive N.E. 1431 Kerry Circle N.E.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Lawrence Beckish Daniel Allen
1481 Rice Creek Drive N.E. 6200 Rice Creek Drive N.E.
Fridley, DIN 55432 Fridley, MN 55432
Robert Helberg William Denker
1491 Rice Creek Drive N.E. 6190 Rice Creek Drive N.E.
Fridley, MN 55432 Fridley, MN 55432
Michael Roach William Michaels
6211 Rice Creek Drive N.E. 6180 Rice Creek Drive N.E.
Fridley, NSI 55432 Fridley, I-IN 55432
Lee Wraspir John Crane
6201 Rice Creek Drive N.E. 6170 Rice Creek Drive N.E.
Fridley, MN 55432 Fridley, MN 55432
Church of God of Prophecy Richard Ferber
6191 Rice Creek Drive N.E. 6160 Rice Creek Drive N.E.
Fridley, NN 55432 Fridley, MN 55432
Franklin Wibel Thomas Beaulieu
1421 Kerry Circle N.E. 6244 Kerry Lane N.E.
Fridley, MN 55432 Fridley, DSI 55432
Karl Kreter Thomas Beaulieu
1420 Kerry Circle N.E. 11230 Partridge Street N.W.
Fridley, HN 55432 Coon Rapids, MN 55433
Bruce Anderson Eugene Schaefer
1430 Kerry Circle N.E. 6240 Kerry Lane N.E.
Fridley, MN 55432 Fridley, 14N 55432
James Schaffran Michael Russinik
6180 Kerry Lane N.E. 6236 Kerry Lane N.E.
Fridley, MN 55432 Fridley, 14N 55432
Ronald Cadwell Edward Clark
6170 Kerry Lane N.E. 6251 Kerry Lane N.E.
Fridley, MN 55432 Fridley, DIN 55432
• CITY OF FRIMEY •
VACATION REQUEST NOTICE
Late: September 2- 1987
Dear Utility Oompany:
The City of Fridley currently has a Vacation request, SAV 87-09 , to
vacate the 6 foot drainage easement on the north side of Lot 3, Block 2,
Heather Hills Second Addition, the same being 6191 Kerry Lane N.E.
Please indicate whether or not you have a problem with this vacation request.
Zhe utility company has no problem with this request.
Signed parry Datk
The utility company does have a problem with this request for the
following reasons:
Sided Company Late
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ROI*ND
COO
AMOK
• CITY OF FRIMEY •
VACATION REQUEST NOTICE
Date: September 2, 1987
Dear Utility Company:
The City of Fridley currently has a Vacation request, SAV # 87-09 , to
vacate the 6 foot drainage easement on the north side of Lot 3, Block 2,
Heather Hills Second Addition, the same being 6191 Kerry Lane N.E.
Please 'indicate whether or not you have a problem with this vacation request.
a Me utility oompany has no problem with this request.
4zqe-"-q �4� /y W U tcc ':-2 --z0 ,07
Signed i d Company Date
`Ihe utility company does have a problem with this request for the
f of law ing reasons:
Sided Company Date
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ROf(1ND
COUt
ANOU
• QTY OF FRIDLEY
VACATION REQUEST NOTICE
Lute: September 2, 1987
Dear Utility Company:
The City of Fridley currently has a Vacation request, SAV _$7 _, to
vacate the 6 foot drainage easement on the north side of Lot 3, Block 2,
Heather Hills Second Addition, the same being 6191 Kerry Lane N.E. _______,
Please indicate whether or not you have a problem with this vacation request.
The utility company has no problem with this request.
L irlrl f GZ- n L. - 6-7
Signed Company �- Date
The utility oompany does have a problem with this request for the
following reasons:
Signed Company Date
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ANOKA i
SAV #87-09 4G
• • Gregory Mortenson
MEMORANDUM
TO: Darrel Clark, Building Inspector Pa87-297
FROM: Mark L. Burch, Asst. Public Works Director
DATE: September 2, 1987
SUBJECT: Drainage Easement at 6191 Kerry Lane, N.E.
We have reviewed the requirement for a drainage easement along the
north side of the property at 6191 Kerry Lane and agree that this
easment may be vacated if desired tyy the property owner. Surface
water which flows between this home and the home to the north
should not be affected by vacating this easement and building on a
portion of it.
nB/ts
171
CITY OF
FRIDL.EY
4F SAV #87-09
*P LAN N I N G D IV I*ON Gregory P2ortenson
®
RAN U EM D M
M O
CITYOF
FRIDLEY
MEMD TD: Jock Robertson, Community Development Director
MEND FROM: Myra Wicklacz, Planning Assistant NAMIy
PEMD LATE: September 10, 1987
REGARDING: Mortenson Variance Request
PROPOSAL,
Originally the proposal was to construct an addition to the existing house,
which would be 4.4 feet from the lot line and even with the existing house.
The existing garage attached to the house is currently in the 6 foot easement
on the north side of the property and is actually 4.6 feet from the lot line,
not 4.4.
BACKGROUND*
On September 1, 1987 , the Appeals Commission denied the request for a
Variance to allow the addition to the house. The Appeals Commission approved
the Variance from 5 feet to 4.6 feet instead of 4 .4 feet for the existing
garage only, and not for the new addition on the house. The petitioner is
still seeking approval for the Vacation due to the existing garage placement.
The Vacation will proceed to the City Council in October.
RDCOMMENDATION•
Subsequent to the Appeals Commission review, the petitioner is now seeking
approval for the Variance to construct the addition 8.4 ' versus 10' from the
lot line. This change will bring the addition out of the 6' easement.
NDW/tigW
M-87-184
r
Poole-
I'D
NO C,6
i�
CITY OF
FRIDLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450
September 17, 1987
Gregory Nprtenson
6191 Kerry Lane N.E.
Fridley, M 55432
Dear Mr. Mortenson:
On September 16, 1987, your petition for a vacation, SAV #87-09, to vacate a
drainage easement on Lot 3, Block 2, Heather Hills Second Addition was
approved by the Fridley Planning Commission.
You are now being notified that your petition will have a public hearing at
the City Council on October 19, 1987. You will be reoeiving a public hearing
notice in the mail regarding this.
If you have any questions, please feel free to call.
Sincerely,
Janes L. Robinson
Planning Coordinator
JLR/dm
C-87-460
COMBISSION APPLICATI4ON REVIEW
Department Number File Data Meeting Date
CITY OF Planning 73 8/27/87 9/15/98
FWDLLY
File Address/DescriptionsAv #87-09 COMPLETE REVIEW CHECKLIST
Gregory r7ortenson - Vacate the 6 foot RETURN TO PLANNING
drainage easement on the north side of the
COMMENTS
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DEBBIE
SAV #87-09
Gregory Mortenson
—• ; _ -� •SIC ��.r � •—
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AERIAL MAP
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245.00---SOUTH -- o �LINE OF LOT 23, AUD. SUB. NO 22 , 8k THE WEST = ;
LINE OF THE SE. 1/4, OF THE S.E . 1/4 , OF SEC. 13 ,T 30,R.24 N
a
PLANNING COMMISSION MEETING, SEPTEMBER 16, 1987 PAGE 7
Ms. Mary van Dan, 6342 Baker St. , stated she lived just north of Mr. Machowicz.
In a sense, this lot split did not have any direct impact on her lot, but
she would certainly like to endorse Mr. Machowicz' feelings ab t not approving
a lot split on this particular lot. As many of the Comnissi members knew,
she had served on the Planning Commission, and she could ember discussing
many issues of lot splits and turning them down because t y did not meet the
standard size. She stated that during heavy rains , wat has gone up to
Mr. Machowicz ' basement door. The environmental impa of a new house on the
proposed new lot would have a detrimental impact on r. Machowicz' house.
Mr. Francis van Dan, 6342 Baker St. , stated altho h he emphasized with
Mr. Henley who, by selling off the northerly por ion of his property, could
reduce his house payments, he would have to su ort the view of Mr. Machowidz
that the lot split not be approved.
Mr. R. C. Bard, 6347 Baker St. , stated thi lot split also did not affect him
directly, but he felt a smaller house on e 60 ft. lot would be very hazard-
ous to the percolation of water. The h se would shed more water, plus the
excess water from Mr. Henley's lot, wo d really cause a problem for
Mr. Machowicz. He stated another sto sewer might have to be added in the
area and this would be an added exp se to the property owners in the whole
area. He was opposed to the lot s it.
Mr. Robinson stated he did not b lieve there was a storm sewer in Baker St.
at this time. The street cres and drains both to the north and south. In
this lot the depression was a atural drainage area for the residential
property and was a critical rea for percolation.
Mr. Betzold stated a 60 f . wide lot was definitely out of the question. It
was a substandard lot an the whole purpose of changing the code years ago
to 75 ft. was well foun d so there were not the problems that 60 ft. lots
create. He found it u ortunate that Mr. Henley was not willing to discuss
with the City a large lot, but even at 68 ft. , he thought it would be so out
of character for thi neighborhood that it could cause some other problems.
He could not go al o g with a lot split for either a 60 ft. or 68 ft. wide lot.
Mr. Kondrick sta d he agreed with Mr. Betzold. He thought there could be a
big water probl for both Mr. Machowicz and any owner of a new house. He
could not be s isfied with a lot width of either 60 ft. or 68 ft. , and there
did not seem be any feasible way to extend the lot width any more than
68 ft.
Mr. Saba s ated he agreed with Mr. Betzold and Mr. Kondrick.
Mr. Bill ngs stated that in looking at the property, he noticed that all of the
lots i this neighborhood were of extensive size. Even a code size lot of
75 ft. , althought it would be legal , really would not be in character with
this particular neighborhood. He could not support a 60 ft. lot width, and
he,.doubted that he could support a lot split for a 68 ft. lot width.
I
2A
PLANNING COMMISSION MEETING, SEPTEMBER 16, 1987 PAGE 8
MOTION by Mr. Kondrick, seconded by Mr. Betzold, to recommend to City
Counci-I denial of lot split, L.S. #87-08, by William Henley -
UPON
enle -
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BI GS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Sherek stated she did not feel a 68 lot width would be in keeping
with the neighborhood, and she thou that was something they should
emphasize to the City Council .
MOTION by Mr. Kondrick, se nded by Mr. Betzold, to direct Staff to bring
it to the City Council ' attention that a 68 ft. lot width in this neighbor-
hood would not be in eeping with the neighborhood and the Planning Commission
would be opposed a lot split for a 68 ft. wide lot also.
UPON A VOIC VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION
CARRIED ANIMOUSLY.
Robinson stated this item would go to City Council on
3. CONSIDERATION OF A VACATION, SAV #87-09, BY GREGORY MORTENS014:
To vacate the 6 foot drainage easement on the north sie of of 3, Block 2,
Heather Hills Second Addition, the same being 6191 Kerry Lane N.E.
Mr. Robinson stated this property was located on the east side of Kerry Lane
in the 6100 block. The petition was to vacate a 6 ft. drainage/utility
easement located on the north side of the property. The petitioner also
requested a variance. Originally, the variance was not only to allow the
existing encroachment of an existing garage from 5 ft. to 4.6 ft. , but also
for a proposed expansion of living area in the rear of the home for a side
yard setback from 10 ft. to 4.4 ft. On Sept. 1 , the Appeals Commission
recommended denial of the side yard setback but did support the variance for
the existing garage. On Sept. 14, the Citv Council approved both variances.
At this time , the petitioner was seeking to vacate this easement in order
to clean up the title with the existing garage being in that easement.
Mr. Robinson stated the Commission had received a memo from the Public Works
Department supporting the vacation of the drainage/utility easement and that
the vacation should not create any problems in terms of storm water, and there
were no utilities in the easement.
Mr. Robinson stated the Commission had also received a letter dated Sept. 14
from Larry and Kathleen Morford at 6235 Kerry Lane stating they were fully
aware of Mr. Mortenson's building plans and had no objections.
MOTION by Mr. Kondrick, seconded by Mr. Svanda, to receive the letter from
a�rry & Kathleen Morford.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION
CARRIED UNANIMOUSLY.
2B
PLANNING COMMISSION MEETING, SEPTEMBER 16, 1987 PAGE 9
MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council
approval of vacation, SAV #87-09, by Gregory Mortenson, to vacate the 6 foot
drainage easement on the north side of Lot 3, Block 2, Heather Hills
Second Addition, the same being 6191 Kerry Lane N.E.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLI14GS DECLARED THE MOTION
CARRIED UNANIMOUSLY.
4. PUBLIC HEARING: CONSIDERATION OF RECODIFICATION OF THE CITY OF FRIDLEY
ZONING CODE TO ALLOWI I ED COMMERCIAL ESTABLISHMElfTS IN OFFICE/wAREHASE
FACILITIES IPJ INDUSTRIAL ZONES:
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to open the publi hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLA D THE MOTION
CARRIED UNANIMOUSLY.
Mr. Robinson stated that approximately two months ago s S aff brought to the
Planning Commission the idea of altering the H-1 and M sections of the
Zonina Code to allow for some limited commercial typ uses in office/ware-
house mixed use type buildings. After several mee nqs and discussions , they
arrived at the present draft ordinance which was e subject of this public
hearing.
Mr. Robinson stated the reasons for the cha es were that the economy has
changed to a more service economy and the ion's share of the development in
Fridley over the past five years has bee in the office/warehouse market.
He listed a few of the developers , bot existing and proposed: River Road
Business Center; Winfield Developmen at 73rd & University; Harris ' office/
warehouse directly behind Winfield evelopment; proposed Rosewood construction
at Osborne a/regarding
; M-D Propert' s at 83rd and Main.
Mr. Robinson also and construction or presently built, the City
had approxim /4 milli sq. ft. of office/warehouse develorment. These
developmentseen of igh quality, both in terms of architectural treat-
ment and in velo ent. They have been good additions to the tax base
plus the urbic
Mr. Robinsonthe City has had numerous concerns and requests from
these develogarding the limitations imposed upon them in acquiring
tenants whicbenefit the development and the area at large and which,
on the surfald not be detrimental to the area. In order to make
Fridley mord' marketable and more in tune with today's development, the
present o dinance was being proposed.
Mr. Ro inson stated that at the request of the Planning Commission , notices
were ent to all developers, both existing and proposed. The Citv also made
a resentation to the Chamber of Commerce on September 10, 1987.
PLANNING COMMISSION MEETING, SEPTEMBER 16, 1987 PAGE 10
Mr. Robinson stated there already is an allowance for offic s associated with the
principle use in an industrial area and also for retail s es or services of
products either manufactured or warehouses in an industrial district without
any kind of special use permit. With a special use per, it, they allow offices
not associated with a special use permit, and that wi continue.
11r. Robinson reviewed the proposed ordinance with e Commission and those
in the audience.
Mr. Dave Harris , 470 Rice Creek Blvd. , stated e was in favor of this tvpe
of ordinance, but he did have some concerns. As a developer, he took a look
back to see how this ordinance would pertai to him if this ordinance had been
in effect at the time he did some construc ion. He has been involved in
about 800,000 :sq ft. of M-1 structures in the City, 154,000 sq. ft. of that
would fall into the 35,000 sq. ft. or m e area, so initially by using the
35,000 sq. ft. requirement, it would e minate about 80% of the buildings he
has been involved in. That was just ased on the size requirements in this
proposed ordinance.
Mr. Dave Harris stated he felt so thing better than the size requirements
for an overall building could be ddressed in a non-discriminatory manner by
utilizing a percentage which th City alluded to in the ordinance of 3,000
sq. ft. or 20110 of the total gr ss area. His suggestion would be that they
reduce the overall floor area and go to some kind of percentage of the
building for use of the site
Mr. Billings esked Mr. Har is what the average square footage was of the
buildings he has b/tad
ilved with.
Mr. Dave Harris sthought the average square footage of office/
warehouse buildin1 was in the neighborhood of 15,000-22,000 sq. ft.
Mr. Dave Harris swas also concerned about the hours of operation.
If the City was ginvolve itself in recreation for pay; for example,
a billiard centererized golf, etc. , it would be discriminatory to
ask these kinds osses to close at 9:00 p.m. He felt the latitude
should be on the/same basis as other uses allowed in other locations. In
other words , if/a restaurant was open from 6:00 a.m. to 12:00 p.m. in
another locatign, the same hours should be allowed in this particular provision.
Mr. Robinson stated perhaps a clarification needed to be made here. Under
Section 205.,17.c,2, it stated: "Commercial retail and service uses and
Class I restaurants within office/industrial mixed use buildings which are
supplement o to and for the convenience of the operation of the zoning
district d which provide goods and services which are primarily for the use
of people employed in that district.. ." These were uses permitted with a
special se permit in an M-1 district. They would allow this type of special
use per it in a structure as a benefit to offices but not in a typical ware-
house tructure which might have some offices associated with the warehouse,
but w ich might not be directly related to some of the buildings Mr. Harris
was referring to.
•
City of Fridley
(Official Publication)
PUBLIC HEARING BEFORE
THE CITY COUNCIL
NOTICE IS HEREBY GIVEN that
there will be a Public Hearing of the
Planning Commission of the City of
Fridley in the City Hall at 6471 Uni-
versity Avenue Northeast on Mon-
day, Oetaber 19, 1997 in the Council
Chamber at 7:70 p.m.for the purpose
of:
Considertilion of a Vacation,SAV
#97-09,by Gregory Mortenson,to
vacate the 6 foot drainage ease-
menton the north side of Lot 3,
Block 2, Heather Hills Second
Addition, the same being 6191
Kerry Lane N.E.
Any and all persons desiring to be
heard shut[he given an opportunity at
the above staled time and place.
STEVE BILLINGS
Chairman
Planning Commission
(Oct.7&14.1967)-FRID
z
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a Public Hearing of the City
Council of the City of Fridley in the City Hall at 6431 University Avenue
Northeast on Monday, October 19, 1987 in the Council Chamber at 7: 30 p.m.
for the purpose of:
Consideration of a Vacation, SAV #87-09, by Gregory
Mortenson, to vacate the 6 foot drainage easement on the
north side of Lot 3, Block 2, Heather Hills Second
Addition, the same being 6191 Kerry Lane N.E.
Any and all persons desiring to be heard shall be given an opportunity at the
above stated time and place.
WILLIAM J. NEE
MYOR
Publish: October 7, 1987
October 14, 1987
•
COUNCIL MEETING OF SEPTEMBER 28, 1987
about access to his rear yard. He stated other lots in the area are 90 feet
wide and felt the 60 foot wide lot would be inconsistent with the
neighborhood.
Mr. Robertson stated the lot is a natural depression which c ects and
percolates water from adjacent properties and there is neern that a
structure placed in this area would create drainage prol5s.
Mr. Robertson stated two letters of object to this lot split were
received by the Planning Commission. H ated the Planning Commission
unanimously voted to deny this lot s and asked staff to bring to the
Council's attention that the Co on feels even a 68 foot wide lot would
be inconsistent with the nei rhood.
MOTION by Councilman neider to concur with the recommendation of the
Planning Commissi and deny lot split, L.S. #87-08. Seconded by Councilman
Goodspeed. Up a voice vote, all voting aye, Mayor Nee declared the motion
carried una ously.
Counc an Schneider stated even if a lot split was submitted for a 68 foot
w lot, he would not support it.
C. CONSIDERATION OF A VACATION, SAV #87-09, TO VACATE THE
6 FOOT DRAINAGE EASEMENT ON THE NORTH SIDE OF LOT 3, BLOCK 2,
THE SAME BEING 6191 KERRY LANE N.E., BY GREGORY MORTENSON:
MOTION by Councilman Schneider to set the public hearing on this vacation
request for October 19, 1987 . Seconded by Councilman Fitzpatrick. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Schneider to receive the minutes of the Planning
Commission meeting of September 16 , 1987 . Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
9. RESOLUTION N0. 73-1987 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF FRI EY
AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) FOR THE CONST ON
REVISION MAINTENANCE AND OPERATION OF AN EMERGENCY VEHICLE TRA "CONTROL
PRE-EMPTION SYSTEM (EVP) AT VARIOUS INTERSECTIONS ON STATE HIGHWAY 65 :
Mr. Aldrich, Fire Chief, stated this agreement i nti cal to the first
phase of the Opticom system approved last ye except the Department of
Transportation has now requested a log on Mise of the intersection. He
stated the installation of the EVP `will be on Highway 65 at Osborne
Road, 73rd Avenue, Rice Creek , West Moore Lake Drive and 53rd Avenue.
Mr. Qureshi, City Man , asked if the Police Department would also keep a
log. Mr. Aldric ated this was his understanding and it may be more of a
problem for Police Department than it would for the Fire Department.
Mayor 'Nee asked when this system would be installed at University and
or
-8-
COUNCIL MEETING OF SEPTEMBER 28 1987
Council, Commissions, and staff to take part. He stated, essent lly, the
same results were found as those of Twin City Testing. Mr. Robe son stated
the company submitted an Environmental Assessment Worksheet and a Planning
Commission noted there would be little or no environmental imp cts from the
business. He stated staff is, therefore, recommending a roval of the
special use permit.
S6'
Councilman Fitzpatrick asked if the petitioner was ware of all the
stipulations to which both Mr. Robertson and the petiti r answered in the
affirmative.
f
MOTION by Councilman Fitzpatrick Ito grant special permit, SP #87-17 to
allow exterior storage of materials and equipment/:at 4500 Main Street, with
the following stipulations: (1) all tar tanker ,trucks and kettles will be
parked (for both long and short term durations?/on the northwest corner of
the site as indicated on the site plan da�led September 16 , 1987 ; ( 2)
emissions of tar odors from Centr Roofing ite and abutting right-of-way
to be managed in such a way as 'not to ex 'eed the levels stated in odor
emission test report by Twin City Testing : ated May 4, 1987; (3) there will
be no heating of tar in tankers o kettl on the Central Roofing site or
abutting right-of-way; (4) the En iron ntal Assessment Worksheet (EAW) ,
prepared by Central Roofing dated September 16, 1987, will be considered
findings of fact related to th gr%anting of this special use permit,
environmental impacts due to C n al Roofing operations, beyond those
described in said EAW, may be eau for review and revocation of the special
use permit; (5) storage of materi s and equipment shall be managed so as
not to be visible from the publ c right-of-way or residential view; (6)
provide hardsurface parking a d connective driveway both with curb and
gutter; prior to occupancy of proposed office building or by October 1 ,
1988, whichever comes first; ) resod and provide landscaping along with
automatic sprinkling in/arebetty en Main Street and screening fence to be
installed by October 1 , Th City reserves the right to modify the
plan in order to make iist nt with proposed landscaping by Rubber
Research to the southa rformance bond or letter of credit for
$15,000 to be provided! Cit , to cover outside improvements, prior to
occupancy of the site• 'and (9) s cial use permit compliance to be reviewed
at public hearing in/October, 1988, or sooner with format specified by the
City Council if vioVation of any condition(s) is reported. Seconded by
Councilman Goods pe 'd. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carri unanimously.
B. CONSIDERA ON OF A LOT SPLIT L.S. #87-08, TO SPLIT PARTS
OF LOTS 14, 12 18 AND 19, BL CK 2 MOORE LAKE HIGHLANDS
ALL GE ALLY LOCATED AT 6300BAKER STREET N.E. BY WILLIAM
HE NLE
Mr. Ro tson, Community Development Director, stated this proposal is to
split lot at 6300 Baker Street. He stated the lot would be 60 feet wide
and 000 square feet in area. W. Robertson stated the code requires lots
be feet wide, therefore, this proposed lot would not meet the minimum lot
w th. He stated staff felt this lot could possibly be 68 feet wide ,
ever, the petitioner did not want to change his request due to concerns
-7-
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1987
Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 7:50 p.m.
OLD BUSINESS•
3. CONSIDERATION OF APPOINTMENTS TO ENERGY AND ENVIRONMENTAL QUALITY
COMMISSIONS: '
MOTION by Councilman Fitzpatrick to appoint Paul Dahlberg, 6664 East Ri r
Road, to the Environmental Quality Commission for the term ending Apr 1 ,
1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to table the appointments to the Energy
Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINESS:
4. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE CHAPTER 30 ENTITLED CHARITABLE GAMBLING BY AMENDING SECTION 30 .03,
ADDING NEW SECTION 30 .04 AND RENUMBERING CONSECUTIVELY:
Mr. Hill, Public Safety Director, stated in May, 1987, the Council passed an
ordinance permitting charitable gambling for the operation of pull-tabs in
the City. He stated the State Legislature has amended the statute regarding
control of these operations and this amendment is proposed to comply with
the State statute. OO
Mr. Hill stated the primary area in ��ahich the City' s ordinance is in
conflict with the State statute iii determining how the profits are
distributed. He stated the current ordinance provides that for each dollar
of gross receipts from lawful gambling, four cents shall be appropriated to
the City for distribution to charitable purposes, six cents distributed to
organizations for City charit;�ble purposes, and the reamining ten cents
shall be used for all other lawful purposes or expenses.
Mr. Hill stated the State statute provides that ten percent of the
organization' s net profit derived from lawful gambling shall be contributed
to organizatons locatewithin the City of Fridley for charitable purposes.
He stated net profit are determined by Minnesota Statutes. He further
stated that a local 'gambling tax of three percent of the gross receipts from
gambling, less prizes actually paid by the organization, shall be paid to
the City for th purpose of regulating said gambling.
Mr. Hill st d currently the Lion's Club has a pull-tab operation in the
City and h anticipates there will be another one shortly. He stated the
choices of the Council would either be to repeal the ordinance for
charitable gambling or amend it to comply with State Statutes.
Mr, Hill stated he has met with the City Attorney and those operating the
don' s Club pull-tab. He stated the Lion' s Club indicated they desired to
-4-
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1987
Mayor Nee stated Nortel has been advised the Council was not ready to e
action on the renewal and there wasn't a particular need for them o comake
this evening. He suggested, therefore, the public hearing be co enued.
MOTION by Councilman Schneider to continue the public heapllng to November
23, 1987 . Seconded by Councilman Goodspeed. Upon a voiad vote, all voting
aye, Mayor Nee declared the motion carried unanimously.`
MOTION by Councilman Schneider to direct City st f, in conjunction with the
Cable Commission' s legal counsel, to begin a f ct finding effort to verify
Nortel Company' s financial and technical qu ifications, compliance with the
franchise, and service in regard to the public interest of the existing
franchise holder. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mayor NeeXwhethis
e motion carried unanimously.
Councilman Schneider statcable franchise was transferred from
Storer to Nortel, Mr. Rice financial advisor and asked if staff
felt his services would b
Mr. Matz stated Mr. R hards examined this transaction at that time and
analyzed the results if the growth did not occur. He stated he felt Mr.
Richards' assistance would be helpful .
MOTION by ouncilman Schneider to authorize staff, if they feel it is
benefic' and useful, to hire Mr. Don Richards for help and analysis of :.he
finan al qualifications of the cable operator in an amount not to exceed
$2,,400 for his services. Seconded by Councilman Fitzpatrick. Upon a voice
.,.-Vote, all voting aye, Mayor Nee declared the motion carried unanimously.
2. PUBLIC HEARING ON A VACATION, SAV #87-09, TO VACATE THE 6 FOOT DRAINAGE
EASEMENT ON THE NORTH SIDE OF LOT 3, BLOCK 2, HEATHER HILLS SECOND ADDITION,
THE SAME BEING 6191 KERRY LANE N.E., BY GREGORY MORTENSON:
MOTION by Councilman Schneider to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 7:47 p.m.
Mr. Robertson, Community Development Director, stated this petition is to
vacate a six foot drainage/utility easement located on the north side of
this property. He stated the Public Works Department reported this vacation
should not create any problems in terms of storm water and there are no
utilities in the easement.
Mr. Robertson stated a letter was received from the Morford' s at 6235 Kerry
Lane stating they were aware of Mr. Mortenson' s building plans and had no
objections. He stated the Planning Commission recommended approval of this
vacation at their September 16, 1987 meeting.
No other persons spoke regarding this proposed vacation.
MOTION by Councilman Schneider to close the public hearing. Seconded by
-3-
FRIDLEY CITY COUNC•MEETING OF NOVEMBER 9, 1987 •
Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 8:20 p.m.
OLD BUSINESS:
2. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE CHAPTER 30 ENTITLED CHARITABLE GAMBLING BY AMENDING SECTION 30 .03
ADDING NEW SECTION 30 .04 AND RENUMBERING CONSECUTIVELY (TABLED 10/19/87) :
Mr. Hill, Public Safety Director, stated the Council tabled consideration of
this ordinance at their October 19 meeting for additional information. He
stated the purpose of this amendment to the charitabl$ gambling ordinance
was to bring the City's ordinance into compliance wiState statutes. He
stated the amendment would delete all of the cu . ent City Code 30 .03 ,
subdivison 1 and replace that language with the requirement that 10 percent
of the organization' s net profit derived from lawful gambling be contributed
to organizations located within the City of Fridley for charitable purposes.
Mr. Hill stated the Legislature now allows the City to impose a local
gambling tax not to exceed 3 percent of gross receipts from gambling, less
prizes actually paid by the organization, and is included in this proposed
ordinance amendment.
Mr. Hill read the current State definitions on where profits from charitable
gambling could be expended. He stated the State defines profits as gross
receipts collected from lawful gambling less prizes. He stated it appears
from the report, which must be filed with the Charitable Gambling Board, net
profit means receipts, minus prizes, taxes and expenses.
Ix. Hill reviewed some dollar figures in comparing the existing ordinance
with this proposed amendment. He stated the existing ordinance gives the
City more "hands on" money to pass on to charitable organizations. He
stated there is nothing in the State statute changes that would make less
money available to be distributed in the community, but the City has almost
no authority on that occuring.
Mayor Nee asked if the City can control who obtains a license for charitable
gambling.
Mr. Hill stated a gambling license could be rejected and the Council has the
right to make more stringent regulations on any State statute on charitable
gambling including prohibiting this activity in the City.
Mr. Herrick 7tated based on the research, it is either adopt this ordinance
and see hocharitable gambling functions in the City or repeal the
charitable.//////��/��/gambling ordinance.
Mr. H14/ stated the organization conducting charitable gambling must file a
month l financial report with the State and he has advised the Lion' s Club,
who i now involved in this activity, a copy of this report -to the City
7woul be acceptable.
Gilman Goodspeed asked Mr. Qureshi if he felt the 3 percent tax would
-5-
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1987
cover the City's expenses.
Mr. Qureshi, City Manager, stated it would depend on the amount of scrutiny
the Council desires.
Mr. Pribyl, Finance Director, stated if a copy of the monthly financial
report that is sent to the State is received by the City, it would provide
the required financial criteria. He stated there may be some police work
involved where there is this charitable gambling activity.
Mr. Hill stated only one organization is c rently operating under the
charitable gambling ordinance and possibly t 3 percent tax doesn' t cover
the expenses. He stated if there were more such operations in the City,
this would increase revenues so City expenses would probably be covered. He
stated he has recently received an inquiry from the Fridley Jaycee' s about a
pull-tab operation at Sandee' s.
Mr. Gargaro, member of the Lion' s Club, stated their total annual
projections for the pull-tab operation is approximately $25,500. He stated
these funds are not leaving the C' y. He reviewed the amount of donations
given for charitable purposes iy1he City from their bingo operation. Mr.
Gargaro stated he felt this wa a good ordinance and would like to see it
continued as it creates more f ds for them to distribute . He stated the
Lion' s Club has approached other businesses in the City for a second
location and only three businesses indicated a possible interest in having
the pull-tab operatio ' in their establishment . He stated these
establishments were Catt Company, T. R. McCoy' s and the Rice Bowl.
MOTION by Councilman G dspeed to waive the first reading and approve the
ordinance upon first ading. Seconded by Councilman Fitzpatrick. Upon a
voice vote, all vo ng aye, Mayor Nee declared the motion carried
unanimously.
3. CONSIDERATION OF APPOINTMENTS TO ENERGY AND ENVIRONMENTAL QUALITY
COMMISSIONS:
MOTION by Councilman Schneider to table these appointments. Seconded by
Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
NEW BUSINESS:
4. RECEIVING NOVEMBER 3, 1987 GENERAL ELECTION STATEMENT OF CANVASS:
MOTION by Councilman Goodspeed to receive and approve the November 3 , 1987
gen ral election statement of canvass. Seconded by Councilman Schneider.
Upjh a voice vote, all voting aye, Mayor Nee declared the motion carried
nimously.
5 . CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV
#87-09, TO VACATE THE 6 FOOT DRAINAGE EASEMENT ON THE NORTH SIDE OF LOT 3 ,
BLOCK 2, HEATHER HILLS SECOND ADDITION, THE SAME BEING 6191 KERRY LANE N.E.,
BY GREGORY MORTENSON:
-6-
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1987
MOTION by Councilman Schneider to waive the first reading and approve the
ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
6. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE BY ADOPTING A NEW CHAPTER 803 ENTITLED "ORDINANCE ENFORCEMENT." AND
REPEALING OLD CHAPTER 811 "ORDINANCE VIOLATIONS BUREAU":
Mr. Hill, Public Safety Director, stated the Legislature enacte apter 334
which went into effect on August 1 , 1987 . He stated this le isl ation is
commonly referred to as the Police Practices Bill and under this new law,
the City must now give explicit authorization for non-peace officers to
issue citations for building, fire housing code, animal, noise control,
zoning and other land use violations. He stated this o ,dinance would bring
the City in compliance with the State statute.
Mr. Hill noted that item 6, under Section 803 .02 o this ordinance, should
be changed from Building Inspections to Building Inspectors and would be
corrected at the time of second reading of the ordinance.
MOTION by Councilman Schneider to waive the first reading and approve the
ordinance upon first reading. Seconded byouncilman Goodspeed. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
7. REVIEW OF SP #87-01 BY EDWARD WALDC44, AND CONSIDERATION OF EXTENDING
COMPLETION DATE FOR TWO OUTSTANDING IMPROVEMENTS:
Mr. Robertson, Community Development Director, stated when this special use
permit was approved, the Council requested it be reviewed in six months. He
stated in the review process, it was found only two out of the 14
stipulations remain to be completed. He stated this involves the repair and
striping of the parking lot and sodding the area between the parking lot and
planting beds. Mr. Robertson stated Mr. Waldoch has provided the City with
a bond which expires on October 1 , 1988 and it is, therefore, recommended
the deadline dates to complete these two stipulations be extended until next
year, as the landscape and asphalt contractors are booked for the rest of
this season.
MOTION by Councilman Schneider to concur with staff' s recommendation and
extend the deadline dates for repair and striping of the parking lot to May
30, 1988 and to extend the deadline for installation of the sod until June
6, 1988• Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
8. CONSIDERA71ON OF A ONE YEAR EXTENSION OF A VARIANCE VAR #86-30, TO REDUCE
THE SID ARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 25 FEET TO 20
FEET T ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE AT 6201 RIVERVIEW
TERRAA N.E. BY GEORGE AND LILLIAN ARNOLD:
IION by Councilman Fitzpatrick to approve a one year extension on
-7-
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1987
variance, VAR 086-30. Seconded by Councilman Goodspeed. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
9 . RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 21-,
1987:
A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-18, TO ALLOW
A DIFFERENT COMMERICAL USE IN AN S-1 ZONING DISTRICT (SPECIAL
ZONING DISTRICT FOR HYDE PARK) LOCATED ON LOTS 27 AND 28,
BLOCK 12, HYDE PARK, THE SAME BEING 5973 3RD STREET N.E., BY
JOHN GLYNN:
Mr. Robertson stated this is a request for a special use permit in the S-1
special zoning district for Hyde Park. He stated this particular property
was the subject of a special use permit granted in 1985, however, the
petitioner never took occupancy of the building and the operation wasn' t
finalized. He stated Mr. Glynn is proposing a lower intensity use than the
one approved in 1985 and fewer parking spaces will be required.
Mr. Robertson stated the Planning Commission at their October 21 meeting
recommended approval of this special use
rmit with four stipulations which
he outlined.
MOTION by Councilman Fitzpatrick to concur with the recommendation of the
Planning Commission and grant special use permit, SP #87-18, with the
following stipulations: (1 ) building facade improvements, subject to staff
approval, to be completed by October 31, 1988; (2) landscape improvements,
as per City plan dated October 21 , 1987, to be installed by October 31 ,
1988. Location of plantings on north subject to Council determination; (3)
parking situation to be reviewed in two years (or sooner if necessary) to
determine adequacy of existing parking lot. If additional stalls are
required, petitioner will install expanded parking with concrete curbing as
per October 21 , 1987 drawing. Contingent upon Council approval of lease of
approximately 1 ,604 sq uare feet of Lot 29, Block 12, Hyde Park; and (4)
petitioner agrees that any future reuse of the building is subject to
finding, through a special use permit process, that the reuse would be
compatible with the surrounding neighborhood. Seconded by Councilman
Goodspeed. Uponvoice vote, all voting aye, Mayor Nee declared the motion
carried unanimouy.
B. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-19, TO ALLOW A
GARAGE IN AN 0-1 (OVERLAY DISTRICT) ON LOTS 33-36, BLOCK U,
RIVERVIEW HEIGHTS, THE SAME BEING 688 FAIRMONT STREET N.E.,
BY ROBERT KUDLA:
Mr. Robertson stated this is a request for a special use permit to construct
a garage in a flood zone district. He stated all setback requirements will
be q*t and the only stipulations involve flood proofing the building to
comfply with requirements of the flood plain zone . He stated the Planning
Commission recommended approval of this special use permit with four
stipulations which he outlined.
-8-
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1987
MOTION by Councilman Goodspeed to waive the second read' e No.
898 and adopt it on the second reading ands = cation. Seconded by
Councilman Fitzpatrick of e vote, all voting aye, Mayor Nee
decla he-' --'Ion carried unanimously.
4. ORDINANCE NO. 899 APPROVING A VACATION, SAV #87-09 , TO VACATE THE 6 FOOT
DRAINAGE EASEMENT ON THE NORTH SIDE OF LOT 3, BLOCK 2, HEATHER HILLS SECOND
ADDITION,_ THE SAME BEING 6191 KERRY LANE N.E., BY GREGORY MORTENSON:
MOTION by Councilman Schneider to waive the second reading of Ordinance No.
899 and adopt it on the second reading and order publication. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
5 . CONSIDERATION OF APPOINTMENTS TO ENERGY AND ENVIRONIIE_ 14TAL QUALITY
COMMISSIONS:
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MOTION by Councilman Goodspeed to table this item. Seconded by CouncilgX"n
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the me ion
carried unanimously. ` 5
NEW BUSINESS:
6 . CONSIDERATION OF FIRST READING OF AN ORDINANCE TO CHANGE TIDE ZONING CODE
UNDER CHAPTER 205 OF THE FRIDLEY CITY CODE, TO ALLOW LIMATED AMOUNTS AND
TYPES OF COMMERICAL USES IN M-1 ( LIGHT INDUSTRIAI,,) AND M-2 ( HEAVY
INDUSTRIAL) DISTRICTS:
Mr. Robertson, Community Development Director, stated several questions were
raised regarding this proposed ordinance at thYdis
'blic hearing. He stated
the first question concerned the definition odrive-in restaurant. He
stated the definition is very res/ithese
timeant to apply to the
traditional drive-in where therehops and food is served and
consumed by customers waiting in car. He stated this type of
establishment would not be alloweindustrial districts. Mr.
Robertson stated food establishmentMcDonald' s, Burger King, or
Hardee' s are not classified as a ty, e-in and would be allowed under
a Class I or Class II restaurant i<' an industrial district with a special
use permit. He stated the reas for the special use permit process would
be to determine if any traffi or parking problems would be created.
Nir. Robertson stated the Gond question raised was who would inform any
potential commercial te�rz°ants of the industrial zone. Fe stated the Planning
Commisson felt that tb'e owners of the property should inform a tenant to
relieve the City ofAny express liability. He stated this requirement is
written into the 'rdinance, and on an informal basis the staff would notify
each business Qf� e zoning with their building permit application.
Mr. Robert�enjstated the third question raised was the distinction between
the 20 cent and 30 percent commercial occupancy categories. He stated in
the 20 rcent occupancy, the ordinance explicitly states that retail uses
rote ed to be supplemental to the district are allowed with a blanket
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1987
Mayor 1Tee a:.1:ed for a response regarding the quality of servi issue which
was raised at the October 19 meeting.
Mr. Mark Hammerstrom, Nortel Cable, stated Nortel ha/added staff and
additional phone lines to better service the residents. / He stated there was
an end to the problems experienced this summer in,/ connection with the
rebuild and they are committed to providing good ser ice to the citizens in
Fridley.
Councilman Schneider asked if the additional pho lines were effective.
1'r. Hammerstrom stated if there was an outage the system, they wouldn' t
be able to handle it fully. He stated unde, normal circumstances, they
should be able to handle the calls. Mr. Hamsderstrom stated they are working
with Northwestern Bell and, with the ex eption of a few peak periods,
persons are able to get through to Nortel
No other persons in the audience spoke egarding this proposed franchise
renewal .
MOTION by Councilman Schneider to c se the public hearing. Seconded by
Councilman Goodspeed. Upon a voieeote, all voting aye, Mayor Nee declared
the motion carried unanimously anthe public hearing closed at 7:55 p.m.
Ad
Councilman Schneider stated the taction of the Cable Television Commission
was certainly taken reluctantly'. He stated it isn' t what they hoped, but is
probably more than what Norte wished to give.
MOTION by Councilman Schnei r to direct staff to begin preparation of the
documents for a 15 year fr chise with Nortel per the core agreement which
is the $60,000 for access years one, five, and ten (with adjustment for
inflation), a minimum 4 n�iz system, and including the other items.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the ..motion carried unanimously.
Mayor Nee stated he shares Councilman Schneider's view that the City hoped
to do better.
OLD BUSINESS:
2. ORDINANCE NO. 897 RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING A NEW
CHAPTER 803 ENTITLED "ORDINANCE ENFORCEMENT", AND REPEALING OLD CHAPTER 811
ENTITLED "ORDINANCE VIOLATIONS BUREAU":
MOTION by C 4cilman Fitzpatrick to waive the second reading of Ordinance
No. 897 and' adopt it on the second reading and order publication. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
3. ORDINANCE NO 898 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 30 ENTITLED
CHARTABLE GAMBLING BY AMENDING SECTION 30 .03, ADDING NEW SECTION 30 .04 AND
REN fIBERING CONSECUTIVELY:
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C[TYOF
FMDLLY
CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450
CITY C COUNCIL
ACTION-TAKEN_WTICE
Gregory t1ortenson December 1, 1987
6191 Kerry Lane N.E.
Fridley, MN 55432
On November 23, 1987 the Fridley City Council officially approved your
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eauest for a Vacation, SAV #87 09, to vacate the 6 foot drainage easement on
the north side of Lot 3, Block 2, Heather Hills Second Addition, the same
being 6191 Kerry Lane N.E. with the following stipulations:
None.
If you have any questions regarding the above action, please call the
Planning Department at 571-3450.
Sincerely,
James L. Robinson
Planning Coordinator
JLR/dm
Please review the noted stipulations, sign the statement below and return one
copy to the City of Fridley Planning Department by December 15, 1987.
cur i io taken