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ZOA80-02 t CITY OF FRIDLEY 1,1INNIi50'TA • PLANNING AND ZONING FORM NUMBER �� - D� �� -�G.. TYPE OF REQUEST APPLICANT'S SIGNATURE , � Rezoning Address ��//le � L Special Use Permit Telephone Number JT -� / �� -6 7/ao-5 Approval of Premin- '-" inary & Final Plat PROPERTY OWNER'S SIGNATURE �� Streets or Alley Vacations Address ��/___� Other Telephone Number. ,~� r _e �`" �/moo 116 d n Fee,4 5 Receipt No. Q971 Street Location of Property_ (�O /_` RDk �87VPRox Onoi�� Legal Description of Property 2 i (1F (,C�i.� tt��D vi�8 '�aS (CPf'& Present Zoning Classification /�3 Existing Use of Property_ Acreage of. Property 3/Y 0-cw, Describe briefly the proposed zoning classification cir type of use and improvement proposedlT Has the present applicant previously sought to rezone, plat, obtain a lot s��ntoor ,variance or special use permit on the subject site or part of it? yes 11dhat was requested and when? The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning) must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and propercy owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed -structure, and front and- side setbacks. 4. Street Names. S. Location and use of adjacent existing buildings (within 300 feet)' . The undersigned •hereby declares that all the facts and representations stated in this application are tale and co'.-rect. DATE 5 SICNATURF. (APPLICANT) .Date Filed Date of Hearing � se) Planning Commission Approved City Council Approved (dates) Denied (dates) Denied rl POLICY STATEMENT ON PARK FEES FOR LAND SUBDIVISIONS • The park fee for residential subdivisions is $300.00 per lot to be paid at the time the City approves the final plat (raw land value of $10,500.00/acre) . The park fee on commercial and industrial subdivisions platted after February 24, 1977 (Ordinance No. 633) is at the rate of 1.38 cents ($0.01313) per square foot to be collected on each lot separately when building permits are issued (raw land value of $20,000/acre) . Typical Agreement to be Executed at Time of Plat Approval for Commercial or Industrial Zoned Property: PARK FEE AGREEMENT The undersigned understands that according to the City Platting Ordinance the following lard dedication or cash payment equiva- lent, is required to plat commercial or industrial coned property: 3% of the gross area of the property to be subdivided. It is further understood that the land dedication or cash payment equivalent is at the discretion of the City. It is agreed that a cash payment at the rate of per square foot will be paid separately for each lot when the building permits are issued for the following described plat: The undersigned further agrees to notify all future property owners or assigns of the cash payment requirement. Signature (Property Owner) 2/77 Revised: 6/2/77 PUBLIC HEARING BEFORE THE PLANNING COMMISSION 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 6431 University Avenue Northeast on Wednesday, July 9, 1980 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Rezoning Request, ZOA #80-02, by Ted Burnandt, D/B/A/ Swing Realty, to rezone Part of Lot 3, Auditor' s Subdivision No. 25, (Parcel 1100) , from R-3 (general multiple family dwellings) to CR-1 (general office and limited business) , located in the South Half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 921 Hillwind Road N.E. (Addressed at present time as 1001 Hillwind Road N. E. ) �i Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place, RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: June 25, 1980 July 9, 1980 1 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, September 15, 1980 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Rezoning Request, ZOA #80-02, by Ted Burnandt, D/B/A Swing Realty, to rezone Part of Lot 3, Auditor's Subdivision No. 25, (Parcel 1100) , from R-3 (general; multiple family dwellings) , to CR-1 (general office and limited business) , located in the South Half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 921 Hillwind Road N.E. (Addressed at present time as 1001 Hillwind Road N.E. ) . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: August 27, 1980 September 3, 1980 .�-- UIlO'IWI 11 t Ir.�-off / wwz - .. 1c l !� -: fir. r � t �.1f4�q �• �Ifl � '. 1 Z .I j NVU ��, 1� WN ^�ai• �'` ��.tx.,,,,'t-� ^o-'�'�-A. ',• �'� .x.i>� `tom =' r y ��r +s �` �1 �.,, `� - If' _..,�� ate.• L' N 112 . 24 T30, R 24 1 C/TY OF FR/OLE1' I , axe- 15 , f • .A 1 rF•o t D • � � y t•• J t atsr' omvt � 1. I r � +��;..".. '!•. 3 'J•9 Yr�d K.E I '•.vu o. --••�tN'�i-�' �r `�� ' `' ! ;h(( •.�,•�8 .1• arvt •�T �t•�If. 1'.sArri i y�NY! i.f ••``� I i ►'7pp• � •CMIT 1- 1 t• '�i 1•.ro0;1, m •Y�� 10 ...« .' .....��....� tv, t� vf's N ';� AIELOLA/V GARDE 'S 1� .r, '..SARDCNA ELEMENT 20` p 22 ' �' Tt •••r - M M OI••I r'M AW .. AW- C... 'I / ��I'•f./ ter.? aw�otw ... —... _ ._. _ -wtNut—------ — Yx !� 4►.1, � - W �tigM_rQ_�x a l i N/GN AGRACE + ... M` I ;o 41 IV 4 1ti.)' ��; rs!.t• b u o, I Ra,i } y k• y :I ._ $CNOOL ; ADD?/ON �•�'�'�.. ♦�' Mti, �� Z• ;;il �.•'. 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Sr4is ivcgna,•l- ,� -- - P •�' $ S IKy"1000 ' SWANSlN�N3� -Aft-_ co suacrImm •9 ftcrw000 UNC r+••- t k-•.� �- NM 94 / w000 . �� ~� '�11L�'S'• �� : y..lt .nr � �{E :11 i- 7/ON :,•'Id. j...IQN ".w' "K•� r;" C ..s.. .. . RpT! �i. -- -._ ._.._ .•.—.--lap-rrc»u:--- '• ��,,R y� --�..,�1- i pd ,• � •�' er a♦r.! n26 f II le& dL.We &;'r p 1. .7v, R. 4Cof ` C/rY OF FRIDLEY 15 W{ RM } .�- •.w♦r• N N a�.7'•(�. •I.ir-tel B.I.. ••vr(R°, -.AYE«fiat._• I 3w• , �• t ,�..• •,•�` ��" I, �CI� tt4 `.�T'� `'.SI RA /A� '� y,j. '•L CREST t F'w` • t , ,.,� IG VAN CC IVES A. or i _ ..r. �: 'A OfT N� t•'.—i o 1 MELOLANb GARDE t:• ��' to "_ iti a•QAA'OfNA CLEMENT �A ; `.' 3`'\'1 �Qhs-` �• \!j 1 1 f ._ :,$c#00 ' •20` z_2 �•� 2 22 1f 4,V ' —'^"YF^ ✓,\ lr _ t r •` A (�O 1IJ I t" .,� — - •- - -.�(«„( --- --- I >! fid, - �_ HIGH I .J.�- .�_,:' � `� r � zs z�=-•fit z �o. _ - /�W +�`� :� `•N� ` �� -- GRACE N. y :Iv\;. 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J-S Weeei- 1-177 ~� r (p 26 Planning Commission June 24, 1980 City Council August 26, 1980 City Council April 20, 1981 _ MAILING LIST City Council 'fetter sent 10/6/81 ZOA #80-02, By Theodore Burandt Ted Burandt 6211 Riverview Terrace N.E. Fridley, Mn 55432 VIP Properties 5172 Lincoln Drive Edina, Mn 55436 A. T. Gearman 6225 University Avenue N. E. Fridley, Mn 55432 Bronson-Erickson 3231 Central Avenue N.E. Minneapolis, Mn 55418 Sundial Realty 961 Hillwind Road N.E. Fridley, Mn 55432 Mr. & Mrs. Roger Fassett 1001 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Frank Dailey 1000 Lynde Drive N.E. Fridley, Mn 55432 Lynde Investment Company 9801 Oakridge Trail Hopkins, Mn 55433 Real Estate 10 951 Hillwind Road N.E. Fridley, Mn 55432 i (Official Publication) PUBLIC PLANNI GING BEFORE HE COMMISSION Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 8431 Uni- versity Avenue Northeast on Wednes- day, July 9, 1980 in the Council Chamber at 7:30 P.M.for the purpose of: Re- quest, ZOAn Mf 80-02., byg Ted Burnandt,D/B/A/Swing Realty, to rezone Part of Lot 3,Auditor's Subdivision No.25,(Parcel 1100), from R-3(general multiple fami- ly dwellings) to CR-1 (general office and limited business),lo- cated in the South Half of Section 24, T-30, R-24, City of Fridley, County of Anoka,Minnesota. Generally located at 921 Hill- wind Road N.E. (Addressed at esent time as 1001 Hillwind Woad N.E.) Any and all persons desiring to be heard shall be given an op oortumty at the above statedRICHARD If lace. CHAIRMAN PLANNING COMMISSION (June 25&July 2,1980)-FRID (official Publication) 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,September 15, 1980 in the Council Chamber at 7:30 P.M.for the purpose of: Consideration of a Rezoning Request, ZOA #80-02, by Ted Burnandt, D/B/A Swing Realty, to rezone Part of Lot 3,Auditor's Subdivision No.25,(Parcel 1100), from R-3(general multiple fami- ly dwellings), to CR-1 (General office and limited business),lo- cated in the South Half of Section 24, T-30, R-24, City of Fridley, County of Anoka,Minnesota. Generally located at 921 Hill- wind Road N.E. (Addressed at present time as 1001 Hillwind Road N.E.). Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J.NEE Mayor (Aug.27&Sept.3,1980)-FRID F DIRECTORATE oa OF flo v MEI' PUBLIC WORKS 'Y ril 13, 1982 MEMO NO. 82-22 Jerrold Boardman, Planning TO John Flora k Action with Cheryl Nybo Proposal Housing Authority at their April 8, 1982 meeting discussed this th Mr. Burandt and Ms. Nybo and continued the "right of developme May 13, 1982 meeting. HRA made it clear that for that meeting Ms. Nybo would be requi Signed "Finance Commitment" and the contract documents ready for . Nybo felt that there would be no problems in having this commit at time. would request that the City Council hold any action on ZOA #80-C ter that date. 3/de f '1 1 ,�♦35. 5 ^ . e� E 4 T Yr r� � r pn.ftiH, n 3r t a >� rjpf Tr RITILI ,,., �t�*e m^ f. t �y � •Rir ��r F i � �`{ � e ` n `•;° �,�..-fit .��`,��id'. 7 is F j K i:. r� was ,. �� "•,�y`F x�` �?� � � � k:, q rF r F 1� x ORDINANCE NU. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS. The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Part of Lot 3, Auditor's Subdivision No. 25 (Parcel 1100) lying in the South Half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District known as CR-1 (general office and limited business) . SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3 (general multiple family dwellings) to CR-1 (general office and limited business) . PASSED AND ADOPTED BY THE CITY OF FRIDLEY THIS DAY OF 1981. ZOA #80-02 WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK Public Hearing: September 15, 1980 Reopened Public Hearing: May 4, 1981 First Reading: October 19, 1981 Second Reading: Publish: THE CITY OF DIRECTORATE o0 o.• o OF °o o° MEMORANDUM PUBLIC WORKS FRI L Y Dorothy April 21, 1981 Subject: Rezoning Request, ZOA #80-02, Swing Realty (Ted Burandt) At the City Council meeting of April 20, 1981 the following direction was provided: Reschedule rezoning request, ZOA #80-02 for the May 4, 1981 Council meeting. Re-notify all persons in the original Public Hearing notice of this meeting. JGF:ijk TME CI OF L,--J HOUSING and REDEVELOPMENT MEMORANDUM AUTHORITY FRIDLEY FROM EXECUTIVE DIRECTOR MEMO NO. 82-03 DATE January 15, 1982 / TO ACTION INFO. SUBJECT John Flor /— HRA Action on the Nybo Office Proposal on Nasim Qureshi Hillwind Road Cheryl Nybo appeared before the HRA at their January 14, 1982 meeting to discuss her progress on the development of the proposed office building. She presented the attached letter from First Corporate Services, Inc. which indicated the conditions of financing. She stated that they have presently 25% of the space committed and will need an extension on their right of development so that they can meet the 50% occupancy commitment needed for financing. The HRA felt that she was proceeding in a timely manner and gave her an extension of 60 days on her right of development. This information should be forwarded to the City Council for their January 18, 1982 meting since they are considering a rezoning request on this property. Cheryl, and a person from First Corporate Services, Inc. , will be in attendance to discuss this project with the Council . As additional information to the City Council , the HRA has removed its exclusive right of development from Center Plaza Development (Jerry Remmen) for the shopping center based on a series of events in the last week which include the termination of lease negotiations with Brook Hauser's Super Value. We have been in contact with several other developers in hopes to continue progress on this project with as little disruption as possible. The HRA has also set up a special meeting with Columbia Park Clinic at 5:00 p.m. on January 21 , 1982 to iron out details of the project so that we can get direction on contract documents and firm up financing of the project. This project seems to be moving favorably toward an agreement which would allow construction to start in the Spring, JLB/de i FIRST CORPORATE SERVICES; INC. INVESTMENT BANKERS SUITE 206, 822 MARQUETTE AVE. MINNEAPOLIS, MINNESOTA SS402 (612)332-09SS January 12,1982 Ms. Cheryl Nybo 1612 Berne Circle Fridley, MN 55421 Re: Fridley Office Building i Dear Ms. Nybo: I I am writing this letter to you in order to bring you up to date on our attempt to secure tax-exempt commercial revenue bond financing for your Fridley office project. We have made preliminary contact with a number of lenders and the terms at which they would be interested in your ^aroject are as follows: Loan Amount: 809 of appraised value Rate: 14% Term: 25 year with 10 year review Lease Requirement: Letters of intent for 50% of the space Your chances of obtaining the necessary mortgage looks very positive. If you could provide me with those items I mentioned to you on the phone, I will forward the information to the proposed lenders. Thank you. I Sincerely, FI�RST� CORPORATE SE VICES, INC. Richard J. ordlund Vice President ' RJN/pka I . II 1 • MEMORANDUM o CITY OF FRIDLEY OFFICE OF THE CITY MANAGER O� 6431 UNIVERSITY AVE. NE. NASIM M. GURESHI Vo FRIDLEY, MN. 5543E (612)571-3450 November 20 , 1981 MEMO TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: CITY MANAGER SUBJECT: POSSIBLE OPTIONS ON REZONING REQUEST BY TED BURANDT TO REZONE FROM R-3 TO CR-1 , 921 HILLWIND ROAD (PRESENTLY ADDRESSED AS 1001 HILLWIND ROAD) We have talked to Cheryl Nybo and told her she should appear at the November 23, 1981 , council meeting to give the status of her project so an appropriate answer could be given to Mr. Burandt. If Ms. Nybo does get her financing, then the HRA can proceed to acquire Mr. Burandt' s property. If she cannot proceed with the project the only other options available are the following: Option 1 : The City or HRA could buy Mr. Burandt's property for the market value established by the assessor's office in the amount of $45,600. Option 2: Allow Mr. Burandt to renovate his house and bring it to code. Option 3: Mr. Burandt could tear the house down and build an 8-unit apartment building on the property. Option 4: Allow Mr. Burandt to rezone his property to CR-1 without tying it to the lot to the south. NMQ/ms CITE' OP I RM- Lr--Y, SUBJECT I SSI tvcir�nIC�ac�Y,ra �e::� �re.�..:a�ON9 APPLICATION t-=�EEV G 1-=W Lpor ncnt Nis -5 tiul U r ' tiev t'�; Approved by Uc1b - -�� FILE NO/ ADD FILO �E..._.-._ COMPLETE REVIEW CHECKLIST ,�, ,�, z ' RETURN TO PLANNING DXrpl COMMENTS 3 1 ae.1 -,/7-, •Un tfh -3- /YOT SI,�iP 4S bre Im 17d /C G°Xir .o�►. ✓�t � r �!� Gin WA W � ?K /s ��S�sJs.�� O/P�/.eas .zar�:.►95 as n��• ARMW Atl e`r /U/�•�lrt� ta. tL� ?' Irh Gt et�ih ci✓ ✓I(/ �'LIC.�r� ✓ �v/�c t : City of Fridley 1A P PLANNING_ C0114ISSION MEETING JUJ�Y 9, 1.980 PAGE 1. TO ORDER: irman Harris called the July 9, 1980, Planning Commission meeting to order at 7: p.m. ff E ROLi:..CA_CALL: I Members Present: Mr. arris, Mr. Langenfeld, Mrs.. Gabel (for Schnabel) Mr. Wharton, Mrs. Hughe _ Members Absent: Mr. Treuenfe . Mr, Oquist Others Present: Jerrold' Boardman, C1 Planner. APPROVE PLANNING C0:•fMISSION MINUTES: JUNE 18.,,, 1980. Motion by Mr. Langenfeld, seconded by Mrs. Hughes to approve June 18, 1980 Planning Commission minutes as written (or amended). Upon a voic ote, all voting aye, Chairman Harris declared the motion carried unanimously. 1. PUBLIC HEARING: REZONINGRE ZOA ,� 8002 .BY TED BbRNANDT, D/ B/A SWING REVAIdY: , - - Part of Lot 3 A, 11 D02 1100, from R-3 (general ..,...une I multiple family, &;ellings to CR-1 (general. office and limited business), the same being 921 Hillwind Road N. E. Mr. Ted Burnandt, the petitioner was present. Motion by Mrs. Hughes, seconded by Mr. Langenfeld, that the P1anring Commission open the public hearing on rezoning request ZOA #80-02, by Ted Burnandt. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at 7:37 p.m. Mr. Boardman stated that Mr. ` gurnandtwas requesting rezoning on the house south of the neighboring property. He wants CR-1 resoning. '.there is a parking area located in front of the property. The lot area with this lot is 25,0065 sq. ft, and the .. required lot area is 15,000 sq. ft. Mr. Harris asked if the petitioner had anything to add to the discussion. Tir. Bu.rnant stated that his intent was to either use the existing structure or tear it down and build a new structure. Ile had not 'deterinined which would be the best for him as yet. Mr. Boardman stated that Darrel Clark, Building Inspector, had recommended that the existing structure be taken down as it is in poor conditi.on. If he uses the existing Ouse, lie will have to ring t e structure up to code. 11r. Burnant said that he would like to keep that option open as it is presently being rented as a residential unit. F Tis. Hughes stated that she had sor.:e real concern about removing potential residential land. She asked Mr. Boardman how man units could be placed on the property. Mr. Boardman *answer.ed that by land area, they would be able to build approximately 10 units, however, this would probably be reduced due to low width and parking requirements. Plannin , Commission Mecti.n Wednesday, July 9, 1.980 Pa 2 1 Mr. Langenfeld stated that 1Ye didn't have any problem with rezoning the property since the property just to the south was also CR-1 zoning. This would not constitute spot rezoning. Mr. Boardman stated that if the Planning Coi:unission approved this request, Mr. BurnandL should be aware of the requirements of CR-1 zong adjacent to a:_reasideritial district. Mr. Burnandt stated that he had a copy of the zoning regulations. Mr. Boardman said that a screening fence would be required when the property is converted. Mr. Burnandt stated that this was not a requirement when he rezoned the property to the South. lie said that the Council allowed him to build without the fence because the property owners to the North said he didn't want the fence built. The .property manager of 91.0 Lynde Drive, (just north of the petitioner's property) stated that she was concerned about the property being rezoned to commercial She has tenants which face this property and if a screening fence was put up it will mean that some of her tenants will be looking at a wall. Mr. Boardman said that the parking wouldmost likely be located in the front of the building and may cause some problems for the tenants to the north. Motion Hughes by Mrs. seconded b Hughes, Y Mrs. GahPl that the Planning Commission close the public hearing on rezoning request ZOA Y,` 80-02, by Ted Burnandt. Upon a voice vote, all voting Aye, Chai?:,.an Harris declared the public hearing closed at 7:50 P.M. MOTION BY MS. HUGHES, SECONDED BY kale. LANGEIIFELD, THAT THE PLANNING COMMISSION RECOMIMU-',ND TO C?TY COUNCIL APPROVAL OF REZONING PhQUEST, ZOA ''80-02, BY TED BU!UNA1-,1:Y1-, D/� /A SWING FEALTY, TO REZONE PART OF LOT 3. AUDITOR'S-SUBDIVISION NO. 25, (PARCEL 1100), FROM1 R-3 (miiltiplc family dwellings) TO CR-1 (general office and limited business) THE SAM.'E BEING 92.1 HILLWIND ROAD N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECIT.ABED THE MOTION CiARRD UNA IENIMfOS k._ . UL f7�//►�l..�t.rl./ 1'UBLIC_HEARTNG: FrQUEST FOR A SPECIAL-USE `PERMIT, SP 180-06, BY JERODIE CHRISTENSON- Fer . , °ti.on 205.51 2, A., of the Fridley City Code, to allow the construction of a second a. . sso - builci::g, a 30 ft., by 25 ft. detached garage, on Lots 10 and 11, Block li, Sy _ Hill Plat Three, the same being 6260 Starlite Blvd. N.E. r Mr. Jerome Chris - son, the pgtitioner was present. f MOTION by Mr. Langenfeld, second y Mr. Ullarton, that the Planning Commission open r k the public hearing on the request foz Special Use Permit, SP #80--06, by Jerome E' Christenson. Upon a voice vote, all vot. ye, Chairman Harris declared the public hearing open at 8:_02 p.m. Mr. Boardman stated that the petitioner is interested in ing a 26 ft. Y 30 ft. garage on lot 11 , and he. i.ili. use it as a storage garage. Mir. rdman stated that the staff wants to tie the Lwo 75 ft. lots together. hots 10 and _. ogether would maize a 150 ft. lot. The special-use permit is for a 2nd accessor iilding. � " The only way he can build the garage is fo;• the lot to be legally tied Loge � It is the petitioner's intent to build the garage now. r 230 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 15, 1980 u The Public Hearing Meeting of the Fridley City Council was called to order at 7:38 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Councilwoman Moses, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None ADOPTION OF AGENDA: The following items were added: "Discussion of Licensing of Multiple Dwellings that Haven't Complied with the City Ordinances" and ".Receiving Letter from Islands of Peace Foundation, Alex Barna, President". MOTION by Councilman Fitzpatrick to adopt the agenda with the above addi- tions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - PUBLIC HEARINGS: PUBLIC HEARING ON REZONING REQUESTZOA X80-OZ 4 REZONE FROM R-3 TO CR-1, 1001 HILLWIND ROAD, TED BURNANDT, dba � EALTY: MOTION by Councilman Barnette to waive the reading of the public hearing notice and open-the public hearing. SeCv,`zJ by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:40 p. m.. Mr. Mark Burch stated Mr. Burnandt was requesting rezoning for the property at 1001 Hillwind Road from R-3 to CR-1. He stated the property is presently i being used for rental property and the applicant would like t. tear down this structure and construct a new building to be used for offices. He further stated a screening fence would also have to be provided. Mayor Nee stated the Planning Commission has recommended approval of the rezoning, however, there was some question regarding the use of the land for commercial as opposed to residential. I Councilman Schneider stated the Planning Commission minutes indicated Mr. Burnandt may want to use the existing building. Mr. Burch stated, if Mr. Burnandt used the existing structure, he would have to bring the building up to code. Mr. Roger Fassett, 1001 Lynde Drive, questioned if this was going to be an office building and if it would be one or two stories. Mayor Nee stated, at this point, they have no knowledge of the type of building to be constructed. Councilman Schneider stated he had several concerns and wished the petitioner was present this evening to answer some questions. Mr. Fassett stated he didn't have any particular concerns as there are already real estate offices, he didn't have a problem with the rezoning. He indicated, however, he would like to know what type of building they would be constructing in. terms of office space. Vow PUBLIC HEARING OF SEPTEMBER 15, 1980 PAGE 2 MOTION by Councilman Schneider to continue this public hearing to the next meeting and nnoot_pon'aiifZ the petitioner to-be oresent. Seconded by Councilman —U Fitz pat rick. •voice- vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON REZONING REgUEST, ZOA #80-03 TO REZONE LOT 21 FROM CR-2 to -2; AND REZONE LOTS 22, 23, and 24 FROM R-3 to C-2, ALL IN BLOCK 6, FRID Y PAkK, 6501 EAST RIVER ROAD, CARL E. CHRISTENSEN, dba: CHRISTENSEN AUTO Y: WT ION b Councilman Fitzpatrick to waive the reading of the public hearing notice an pen the public hearing. Seconded by Councilman Barnette. Upon a voice vot all voting aye, Mayor Nee declared the motion carried unanimously and the publ hearing opened at 7:47 p. m. Mr. Burch state Mr. Christensen presently operates an auto body shop at 6501 Eest River Road a non-conforming use and is, therefore, requesting rezoning of Lots 21 through 4 to C-2. !� Mr. Burch stated this 'tem was before the Planning Commission and after discussion, their reco endation was to r� one Lot 21 from CR-1 to C-2 and to leave Lots 22, .23, a 24 as R-2 and pant a special use permit on these i parcels. Mr. Christensen, the applica stated since the Planning Commission did not wish to rezone all the four 1 s to Cf2, the alternate they recommend would allow him to expand his buildi bud not increase the size of the C-2 zoning. He stated this would be acceptab o him. i Councilman Barnette asked Mr. Chri, nsen if he needed the lot next to Lot 21 in order to expand his business. /Mr Christensen stated his building is now on the back let line, therefore,/he w ld need the other lot in order to expand. MCouncilwoman Moses asked if thit propes" was discussed at the Planning Commission meeting. Mr. Christensen statgd it was d ussed as a possible alternate proposal, however, they didn't come up with that as a olution. Mr. Christensen stated, on th� lot he wants t se for parking, it wouldn't be feasible to put in a nice lot with curbing, reening and landscaping, unless he could add more to ,his building. Mr. C istensen stated the addition he proposes is 20 x 60 feet/which would make a to building size of 60 x 60 feet. He presented a drawing showing how the buil would look when it was completed. Councilwoman Moses asked how much of the second lot wou be built on. Mr. Christensen stated he would use approximately one-half o hat lot. He also stated there would be 110,'-115 feet for parking which woul a more than adequate for his business. f . Councilwoman Moses questfoned his hours of operation. Mr. Chr tensen stated his hours would be from 1 7 a. m. to 5:30 p m. Councilwoman Moses alsolasked about the bikeway/walkway easement. Christensen stated he didn't see a�roblem with providing this easement through a landscaping. Mr. Hanheuveln, 6979 Hickory Drive, stated he has lived in this area f the past six years and has driyen past this property and seen it at it's worse, stated, since Mr. Christensen took over the business, there has been a marked imp vement with the area cleaned and the building fixed. Mrs. Langer, 6530 Hickory Street, stated she is home most of the day and out her yard and has never heard any noise or smelled any fumes from Mr. Christense 's business. She felt, since Mr. Christensen has taken over this business, it has 240 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 22,. 1980 Theular Meeting of the Fridley City Council was called to order at 7:30 p by Mayor Nee. PLEDGE 0 LLEGIXICE: Mayor Nee \MEETINGSEPTEM and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERSor Nee, Councilman Barnette, Councilman Schneider, uncilwoman Ptoses and Councilman jitzpatrick MEMBEne i APPROVAL O REGULTEM 8, 1980: MOTION by Councilwoman Dioses to prove the minutes as submitted. Seconded by Councilman Schneider. Upon a ice vote, all voting aye, Mayor Nee de- I. d ared the motion carried unanimou PUBLIC HEARING MEETING, SEPTEMBE• 15, 1980: i MOTION by Councilman Schneider to appro the minutes as submitted. Seconded by Councilman Barnette. Upon a voice vot all voting aye, Mayor Nee de- clared the motion carried unanimously. ADOPTION OF '7NDA: MOTION by Councilman Barnette to consider Item 7, ubsection 6, regarding j Energy Week, as the first item of New Business. onded by Councilman Schneider. Upon a voice vote, all voting aye, Mayo dee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt the agenda wi the above amend- ment. Seconded by Councilman Schneider. Upon a voice vo all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of burin s. PUBLIC HEARINGS: CONTINUED PUBLIC HEARING ON REZONING REQUE$1 , 7.OA °80-02 T REZONE FROM R-3 TO CR-1, 1001 HILLWItND ROAD, TED BURNIAINDT, __TTY: Mayor Nee reopened the public hearing on this rezoning request which had been continued from the September 15, 1980 Council meeting. Mr. Flora, Public Works Director, stated the petitioner. Mr. Burnandt_ wac_ notified to be present, however, he was not in attendance at this time. i Councilman Schneider felt it was unfair to the public to have the public hearing without the petitioner appearing. Mr. Roger Fassett, 1001 Lynde Drive, was present regarding this item of business and was in agreeil,ent to table this request until 6 p. m. in case Mr, Burnandt would arrive. I' 244 REGULAR MEETIJIG OF SEPTEMBER 22, 1980 PAGE 2 MOTION by Councilman Schneider to table this rezoning request to 8 p. m. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUILLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR THE 1980 WATER AND SEWER MAI , LATERALS AND SERVICE CONNECTIONS: MOTTO y Councilwoman Ptoses to waive the reading of the public hearing notice d open the public hearing. Seconded by Councilman Schneider. Upon a v 'ce vote, all voting aye, Mayor Nee declared the motion carried unanimous. and the public hearing opened at 7:25 p. m. Mr. Qureshi, ity Manager, stated this hearing is for the final assessment roll for the '. 80 service connections and involves those properties which have conn n to City Water or sewer and have never paid a lateral ! charge. He sta d, when building permits were issued, agreements were signed to the of t that these charges would be paid. He explained the hearing process is ecessary in order to put these charges on the assess- ment roll. Mr. Hagard Crabtree, 0 Riverview Terrace, raised a question on his assess- ment for Lot 3, Block Marion's Terrace Addition. He stated it was his f understanding he would b given credit because of the extra long run of 290 feet. He stated a cr it of $1,000 was allowed against this assessment, but felt he was being give my a partial credit and requested Council con- sider a full credit. i Mr. Qureshi , City Manager, sta ` d staff did provide Mr. Crabtree with in- formation regarding his assessm ` t, however, if Council desires further in- j formation they would check into is item further and report back. I MOTION by Councilman Fitzpatrick t 'lose the public hearing. Seconded by Councilman Schneider. Upon a voice te, all voting aye, Mayor Nee declared the notion Carried unanimously and th ublic hearing closed at 7:37 p.m. PUBLIC HEARING ON THE ASSESSMENT ROLL F .THE TREATMENT AND REMOVAL OF I TREES 1980 i MOTION by Councilman Schneider to waive t\hearing. ding of the public hearing notice and open the public hearing. Secoy Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee dthe motion carried unani- mously and the public hearing opened at 7 Mr. Qureshi, City Manager, stated this heis r the purpose of assess- ing the removal of trees on properties iCit He stated property { owners were notified of the hearing and tts in 1ved and there was no { objections. i No persons in the audience spoke regardinpropose ssessment. MOTION by Councilman Barnette to close thic hearing. Seconded by j Councilman Schneider. Upon a voice vote, oting aye, M r Mee declared the motion carried unanimously and the puearing closed 7:42 p.m. NEW BUSINESS: RECEIVING ENERGY COMMISSION MINUTES, AUGUST 2G, 1980 ITEM - SIDERA- ' TION OF PROCLAIMING WEEK OF SEPTEI,BER 2.8 TO OCTOBER 4, 19£0 Aqk RIDLEY ENERGY WEEK: I MOTION by Councilman Barnette that the City proclaim the week of Sep\, r28 through October 4, 1980 as Fridley Energy Week. Seconded by CouncilMoses. Upen a voice vote, all voting aye, Piayor Nee declared the m ' carried unanimously. i i 1.4 6 REGULAR MEETING OF SEPTEf1BER 22, 1980 PAGE 4 DERATION OF FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FOR FISCTt 1981: Mr. Qureshi , CityI�"Wq stated this ordinance reflects the memo to the Council, as per their inst'r so there has been some change, however, the total is the same. MOTION by Councilman Schneider to waive the rea i approve the ordinance upon first reading. Seconded by Councilman Ba i Upon a voice vote, all voting aye, Mayor flee declared the motion carni 'mously. CONTINUED PUBLIC HEARING ON REZONING REQUEST, ZOA r80-02 TO REZ07.E FROM R-3 TO CR-1, 1001 HILLWIND ROAD, TED BURNANDT, OBA: 'S'NING REALTY: At 8:00 p.m., the Council again considered this rezoning request. Since 1 Mr. Burnandt was not in attendance at the meeting, the City Attoreny ad- vised the hearing could be closed and the matter of the rezoning taken iunder advisement by the Council. Mr. Herrick, City Attorney, felt favorable consieeration_should not be given on this rezoning request until theetftion�er has full discus ssse� �s plans with bpth_the staflna nrooertX_wm&rs, a sta ed the Council may not necessarily make approval completely dependent on whether neighboring property owners are in agreement with the plans, but there should at least be a discussion and a report back to the Council. Mr. Fassett, 1001 Lynde Drive, stated he was curious as to the type of building that would be constructed. MOTION by Councilman Schneider to close the_publica7earing on rezonin reaiiesi _ffQ-02, and direct the administration to contact the petitioner and have him indicate to staff and the neighboring property o•••rners what his i plans are for this property. Seconded by Councilman Barnette. i Mr. Dick Harris, Chairman of the Planning Connnission, stated there had been some talk of remodeling the existing structure on this property or if that l wasn't feasible, to tear dorm the existing structure and rebuild it. UPON A VOICE VOTE TAKEN ON THE ABOVE f10TION, all voted aye, and Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:05 p.m. Re6UVING THE PLANNING COMMISSION MINUTES OF SEPTEMBER 10, 1980: C0 ' RATION OF VACATION REQUEST, SAV "80-07, PETITION j7-1980-TO 1 VACATE EY EASEMENT 4300 BLOCK BETWEEN ifAIiI STREET l�id0 2ND STREET. MOTION by Councilman' . atrick to sot the public hearing on this vacation request for October 20, 1 Seconded by Councilwoman Ftoses. Upon a voice vote, all voting aye, Mayor eclared the motion carried unanimously. CONSIDERATION OF VACATION REQ SAV #80-08, TO VACATE UTILITY AND_ DRAINAGE EASEMENT IN VACATED 57-1 VENUE, 5750 - 3RD STREET, EDWARD JONAK: MOTION by Councilman Barnette to set the public hear on this vacation request for October 20, 1980. Seconded by Councilman Sc ider. Upon a voice vote, all voting aye, Mayor Nee declared the motion ca 'ed unanimously. REQUEST FROM PARE: CONSTRUCTION TO PARK, RECP,EATI071 VEHICLE T RS TLI bllSE APPROVAL): Mayor Nee stated the Planning Commission has recommended approval of this request with certain stipulations. . 1�5 REGULAR MEETING OF JULY 21, 1980 PACE 2 , ORDINANCE NO. 713 FOR THE CONTRACTING AND EXPENDITURE OF FUNDS FOR THE REPAIR OF WELL #8 INTH CITY OF FRIDLEY- John Flora, Public Works Director, explained to the Council that a pipe had broken in Well 1,'8, and the pump had fal.len. 145' to the bottom of the well and gotten lodged in the rock. They had a difficult time removing the pump, and now the pump would have to be rebuilt with all pipes and control rods being replaced. t Mr. Flora explained that the City had negotiated with Layne Minnesota for the repair of the well , as they were the low bidder on the repair of Well No. 12 which they were presently working on, and they will do the work at the same price for Well No. 8. He explained they have already spent $10,000 to get the PUMP out, and at this time, do not know what the final cost will be. L Councilman Schneider asked if the $25,000 mentioned in the ordinance would be adequat:!, or if that was playing it too close. The Council felt that the ordinance should be changed to "not to exceed $30,000", to make sure the costs i could be covered. The City Manager explained that this was being done with an Emergency Ordinance to meet the high demand for water in the summer. He said that Tn a normal situation, this, would not be necessary. MOTION by Councilwoman Moses to adopt Emergency Ordinance No. 713 for the Repair of Well No. 8 on a negotiated basis without advertising for bids, riot to exceed j $30,000. Seconded by Councilman Schneider. ' Upon a voice vote, all voting aye, Mayor Nee,declared the.motion. carried unanimously. RECEIVING THE. PLANNING COMMISSION MINUTES 1980: CONSIDERATION OF REZONING REQUEST, 0A #80-02, O REZONE FROM R-3 to fR-1, j 921 HILLWIND ROAD, TED BRUNANDT, /B%A SWIM' ALTY: Mayor Nee stated that the action on this item would be to set the date for the public hearing. MOTION by Councilman Schneider, seconded by Councilman' Fitzpatrick to see the i public hearing in this rezoning request for September 15, 1980. .Upon a voice ( vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, SP #80--07, TO ALLOW i EXISTING ATTACHED SINGLE GARAGE TO BE USED AS ACCESSORY BUMMING N CONSTRUCTION OF 24 x 24 DETACHED GARAGE ALREADY BUILT), 810 - 66th 1 AVENUE, WAYINE E. EY„ SR. Mr. Flora, Public Works Director, explained that the petitioner wants to keep using his existing attached garage as an accessory building, and the Planning 1 Commission recommends approval of the request with the stipulation that the i Special Use Permit expires in five years. i The Council was concerned about the possibility of the home being sold before that time, and how to.make sure that the area was converted to living space i after five years. Mr. Herrick, City Attorney, suggested that the owner sign an agreement agreeing to convert the attached garage to living space within five years. Mr. Qureshi, City Manager, said that if these conditions are put on the Special Use Permit, and if the stipulation is not fulfilled within the five years, the Council would have cause for action on that basis. Mr. Wayne Ek said that- he was very agreeable to signing an agreement. MOTION by Councilwoman Moses to concur with the Planning Commission and approve the Special Use Permit to allow the existing attached garage to still be used an an accessory building with the stipulation that the permit will expire in five years and that Mr. Wayne Ek be required to sign an agreement that he will comply with this condition to convert the attached garage to living space within i 194 THE MINUTES OF THE. REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 21, 1980 The Regular Meeting of the Fridley City Council was called to order at 7:37 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. i j ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette iMEMBERS ABSENT : None APPROVAL OF MINUTES: REGULAR MEETING, JULY 7, 1980: i - i • - MOTION by Councilman Schneider-, seconded by Councilwoman Moses to approve the minutes as presented. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I PUBLIC HEARING MEETING, JULY' 14, 1980: MOTION by Councilman Schneider, seconded by Councilman Barnette, to approve the minutes of July 14, 1980 with the following correction: On Page 7, Para- graph 2, fourth line, delete the following words: "which may, in fact, require legislative action." Councilman Schneider said that this is not a true state- ment. Upon a voice vote, all voting aye, Mayor Nee declared the minutes approved as corrected. ADOPTION OF AGENDA: Mayor Nee said there were two items to be added to the agenda. One was the i conside•-ation of a house trailer license for Local 684 United Auto Workers Union. ;.t FMC Plant, and the other item was receiving the 1979 City of Fridley Financial Report. MOTION by Councilman Fitzpatrick, seconded by Councilwoman Moses, to approve the agenda as amended. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. I OLD BUSINESS: CONSIDERATION OF ENERGY COMMISSION POLICY STATEMENT (CONTINUED FROM JULY 7, 1980): < ( Mayor Nee said that the Energy Policy Statement has been redrafted by the staff at the request of the City Council. Councilman Schneider referred to Section 5 of the Guidelines and asked if, in fact, the City has established a centralized energy office. Mr. Qureshi, City Manager, said that we have Mary Cayan, Human Services Assistant in the Planning Department, and one of .. her responsibilities was .to coordinate energy functions. She was also the I staff person to the Energy Commission. I Councilman Barnette complimented the staff on the redrafting and on coming up i with the right wording the Council wanted to convey. Mayor Nee agreed there was a problem of style they might want to polish up, but it was well done. MOTION by Councilman Barnette, seconded by Councilman Schneider, to approve the Energy Commission Policy Guidelines. Upon a voice vote, all voting aye, i Mayor Nee declared the motion carried unanimously. i i . II i i L THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 22, 1980 he Regular Meeting of the Fridley City Council was called to order at 7. 0 p.m. by Mayor Nee. PLED OF ALLEGIANCE: Mayor\heun Council and audience in the Pledge of Allegiance to the Flag. ROLL C MNT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilwoman Moses and Councilman.Fitzpatrick MT: 'NoneAPPROVS:RING. SEP BER 8, 1980: MOTION by Councilwoman Moses approve the minutes as submitted. Seconded by Councilman Schneider. Upon voice vote, all voting aye, Mayor Nee de- clared the motion carried unanim sly. PUBLIC HEARING MEETING, SEPTEM R 15, 1980: re the minutes as submitted. Seconded MOTION by Councilman Schneider to ap� by Councilman Barnette. Upon a voice vo all voting aye, Mayor Nee de- clared the motion carried unanimously. ADOPTION OF 4.7ENDA: MOTION by Councilman Barnette to consider Item subsection. 6, regarding Energy Week, as the first item of New Business, corded by Councilman Schneider. Upon a voice vote, all voting aye, May Nee declared the motion carried unanimously. MCTION by Councilman Fitzpatrick to adopt the May wi the above amend- ment. Seconded by Councilman Schneider. Upon a voice vo , all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of busine PUBLIC HEARINGS: �--- CONTINUED PUBLIC HEARING ON REZONING REQU , 7.Ot" A_ #80-02 T REZONE FPO,'! R-3 TO CR-1, 1001 H'_LL'WIND ROAD, TED BURN-AND", QTY: Mayor Nee reopened the public hearing on this rezoning request which had Leen continued from the September 15, 1930 Council meeting. Mr. Flora, Public Works Director, stated the petitioner, Mr. Burnandt, was notified to be present, however, he was not in attendance at this time. Councilman Schneider felt it was unfair to the public to have the public hearing without the petitioner appearing. Mr. Roger Fassett, 1001 Lynde Drive, was present regarding this item of business and was in agreement to table this request until 8 p. m. in case Mr. Burnandt would arrive. 2J 244 REGULAR MEETING OF SEPTLt1BER 22, 1980 PAGE 2 MOTION by Councilman Schneider to table this rezoning request to 8 p. m. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR THE 1980 WATER AND SEWER M PIS, LATERALS AND SERVICE CONNECTIONS: MOTI by Councilwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a oice vote, all voting aye, Mayor P;^e declared the motion carried unar�in�ou ly and the public hearing opened at 7:25 p. m. Mr. Qureshi City Manager, stated this hearing is for the final assessment roll for the .960 service connections and involves those properties which have connecte on to City Water or sewer and have never paid a lateral charge. He st .'ed, when building permits were issued, agreements were signed to the e ct that these charges would be paid. He explained the hearing process i necessary in order to put these charges on the assess- ment roll. Mr. Howard Crabtree, 00 Riverview Terrace, raised a question on his assess- ment for Lot 3, Block Marion's Terrace Addition. He stated it was his understanding he would b given credit because of the extra long run of 290 feet. He stated a cr it of $1,000 was allowed against this assessment, but felt he was being give only a partial credit and requested Council con- sider a full credit. t Mr. Qureshi, City Manager, sta d staff did provide Mr. Crabtree with in- formation regarding his assessme' t, however, if Council desires further in- formation they would check into tKJ s item further and report back. MOTION by Councilman Fitzpatrick to"vlose the public hearing. Seconded by Councilman Schneider. Upon a voice Nle, all voting aye, Mayor Nee declared the motion Carried unanimously and the V ublic hearing closed at 7:37 p.m. PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF TREESi980 : •� MOTION by Councilman Schneider to waive the r, deny of the public hearing notice and open the public hearing. Seconded Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declare .the motion carried unani- mously and the public i.earing opened at 7:37 p.m. . Mr. Qureshi, City i4anager, stated this hearing is f the purpose of assess- ing the removal of trees on properties in the City. -,fle stated property miners were notified of the hearing and the costs invo)*•ed and there was no objections. No persons in the audience spoke regarding this proposed a �essment. MOTION by Councilman Barnette to close the public hearing. conded by Councilman Schneider. Upon a voice vote, all voting aye, MayoP?Ntiee declared the motion carried unanimously and the public hearing closed at :42 p.m. NEW BUSINESS: RECEIVING ENERGY COMMISSION MINUTES, AUGUST 26, 1980 ITEM - CON" ERA.- TION OF PROCLAIMING WEEK OF SEPTEMBER 28 TO OCTOBER 4, 19850 As, FR LEY ENEP•GY WEEK MOTION by Councilman Barnette that the City proclaim the week of September '8 through October 4, 1980 as Fridley Energy Week. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r 2A6 REGULAR MEETING OF SEPTEMBER 22, 1980 PAGE 4 2 K ' IDERA_TION OF FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FOR FISCA 1981: Mr. Qureshi, City stated this ordinance reflects the memo to the Council, as per their ins ons, so there has been some change, however, the total is the same. MOTION by Councilman Schneider to waive the re and approve the ordinance upon first reading. Seconded by Councilman ette. Upon a voice vote, all voting aye, Mayor Nee declared the motion c unanimously. CONTINUED PUBLIC HEARING ON REZONING REQUEST, ZOA ,','80-02 TO REZONE FROM R-3 TO CR-1, 1001 HILLWIND ROAD, TED BURNANDT, DBA: 'SWING REALTY: At 8:00.p.m., .the Council again considered this rezoning request. Since Mr. Burnandt was not in attendance at the meeting, the City Attoreny ad- vised the hearing could be closed and the matter of the rezoning taken under advisement by the Council. Mr. Herrick, City Attorney, felt favorable consideration should not be f given on this rezoning request until the petitioner has fully discussed his plans with both the staff and neighboring property owners. He stated the Council may not necessarily make approval completely dependent on whether neighboring property owners are in agreement with the plans, but there should at least be a discussion and a report back to the Council. Mr. Fassett, 1001 Lynde Drive, stated he was curious as to the type of building that would be constructed. MOTION by Councilman Schneider to close the public hearing on rezoning request 'LOA #80-02, and direct the administration to contact the petitioner and have him indicate to staff and the neighboring property owners what his plans are for this property. Seconded by Councilman Barnette. Mr. Dick Harris, Chairman of the Planning Commission, stated there had been some talk of remodeling the existing structure on this property or if that wasn't feasible, to tear down the existing structure and rebuild it. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:05 P.M. IVING THE PLANNING COMMISSION MINUTES OF SEPTEMBER 10, 1980: SIDERATION OF VACATION REQUEST, SAV "80-07, PETITIOi! '7-1980 TO VAC ALLEY EASEMENT, 4300 BLOCK BETWEEN MAIN STREET AND 2N'J 5 BEET: MOTION by Counci Fitzpatrick to sot the public hearing on this vacation request for October 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, r Nee declared the motion carried unanimously. CONSIDERATIO^! OF VACA RE UEST, SAV 480-08, TO VACATE UTILITY a'JD DRAINAGE EASEMENT IN VAC 57-1/2 AVENUE, 5750 - 3RD STREET, EDWARD JONAK: MOTION by Councilman Barnette to set the lic hearing on this vacation request for October 20, 1980. Seconded by C oilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared motion carried unanimously. REQUEST FROM PARK CONSTRUCTION TO PARK RECP,EAT VEHICLE TRAILERS ULICENSE APPROVAL Mayor Nee stated the Planning Commission has recommended app'rov of this request with certain stipulations. y� ' I 230 2 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 15, 1980 e Public Hearing Meeting of the Fridley City Council was called to order at 38 p. m. by Mayor Nee. i j PLEDGE LLEGIANCE: Mayor Nee led a Council and audience in the Pledge of Allegiance to the Flag. i ROLL CALL: MEMBERS PRESENT: Cound an Fitzpatrick, Councilwoman Moses, Mayor Nee, Councilm Schneider and Councilman Barnette MEMBERS ABSENT: None ADOPTION OF AGENDA: I The following items were added: "Discussion of L nsing of Multiple Dwellings that Haven't Complied with the City Ordina s" and "Receiving Letter from Islands of Peace Foundation, Alex Barna, Pr 'dent". j MOTION by Councilman Fitzpatrick to adopt the agenda with the ove addi- tions. Seconded by Councilman Schneider. Upon a voice vote, a oting j aye, Mayor Nee declared the motion carried unanimously. I PUBLIC HEARINGS: PUBLIC HEARING ON REZONING REQUEST [OA #80-02 REZONE FROM R-3 TO CR-1, I 1001 HILLWIND ROAD, TED BURNANDT, it REALTY: I MOTION by Councilman Barnette to waive the reading of the public hearing notice and open-the public •hearing. Secc,,::ad by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:40 p. m. Mr. Mark Burch stated Mr. Burnandt was requesting rezoning for the property at 1001 Hillwind Road from R-3 to CR-1. He stated the property is presently being used for rental property and the applicant would like to tear down this structure and construct a new building to be used for offices. He further stated a screening fence would also have to be provided. Mayor Nee stated the Planning Commission has recommended approval of the rezoning, however, there was some question regarding the use of the land for commercial as opposed to residential. Councilman Schneider stated the Planning Commission minutes indicated Mr. Burnandt may want to use the existing building. Mr. Burch stated, if Mr. Burnandt used the existing structure, he would have to bring the building up to code. Mr. Roger Fassett, 1001 Lynde Drive, questioned if this was going to be an office building and if it would be one or two stories. Mayor Nee stated, at this point, they have no knowledge of the type of building to be constructed. Councilman Schneider stated he had several concerns and wished the petitioner was present this evening to answer some questions. Mr. Fassett stated he didn't have any particular concerns as there are already real estate offices, he didn't have a problem with the rezoning. He indicated, however, he would like to know what type of building they would be constructing in. terms of office space. PUBLIC HEARING OF SEPTEMBER 15, 1980 PAGE 2 2 MOTION by Councilman Schneider to continue this public hearing to the next meeting and notify the petitioner to be present.. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BLIC HEARING ON REZONING REQUEST, ZOA #80-03 TO REZONE LOT 21 FROM CR-2 t C-2; AND REZONE LOTS 22, 23, and 24 FROM R-3 to C-2, ALL IN BLOCK 6, FRIICEY PARK, 6501 EAST RIVER ROAD, CARL E. CHRISTENSEN, dba: CHP.ISTENSEN Al'TO ODY: MOTION Councilman Fitzpatrick to waive the reading of the public hearing notice a open the public hearing. Seconded by Councilman Barnette. Upon a voice vo e, all voting aye, Mayor Nee declared the motion carried unanimously and the pub 'c hearing opened at 7:47 p. m. Mr. Burch stat d Mr. Christensen presently operates an auto body shop at 5501 East River Road s a non-"conforming use and is, therefore, requesting rezoning of Lots 21 throu 24 to C-2. Mr. Burch stated th item was before the Planning Commission and after discussion, their re emendation was to r `one Lot 21 from CR-1 to C-2 and to leave Lots 22, .23, d 24 as R-2 and ant a special use permit on these parcels. Mr. Christensen, the appli nt, state since the Planning Commission did not wish to rezone all the four ots to C 2, the alternate they recommend would allow him to expand his buil ' g, bu not increase the size of the C-2 zoning. He stated this would be accept le o him. Councilman Barnette asked Mr. Ch tensen if he needed the lot next to Lot 21 in order to expand his business. Christensen stated his building is now on the back let line, therefore, he ould need the other lot in order to expand. Councilwoman Moses asked if thi plop::_-1 was discussed at the Planning Commission meeting. Mr. Christensen stat d it was iscussed as a possible alternate proposal, however, they didn't come up th that as solution. Mr. Christensen stated, on t lot he wants o use for parking, it wouldn't be feasible to put in a nice lot with curbing screening and landscaping, unless he could add more to is building. Mr. hristensen stated the addition he proposes is 20 x 60 feet which would make a t tal building size of 60 x 60 feet. He presented a draw, g showing how the bui ing would look when it was completed. Councilwoman Moses asked ho,w much of the second lot w Id be built on. Mr. Christensen stated he would use approximately one-half f that lot. He also stated there would be 110115 feet for parking which wo d be more than adequate for his business. 1 Councilwoman Moses questioned his hours of operation. Mr. ristensen stated his hours would be fromlh a. m. to 5:30 p m. Councilwoman Moses also asked about the bikeway/walkway easement Mr. Christensen stated he didn't seea roblem with providing this easement throu the landscaping. Mr. Hanheuveln, 6979 H ckory Drive, stated he has lived in this area for the past six years and has dri en past this property and seen it at it's worse He stated, since Mr. Christensen took over the business, there has been a marked i - rovement with the area cleaned and the building fixed. Mrs. Langer, 6530 Hickory Street, stated she is home most of the day and o in her yard and has never heard any noise or smelled any fumes from Mr. Christe ,en's business. She felt, since Mr. Christensen has taken over this business, it h REGULAR MEETING OF APRIL. 20, 1981 PAGE 7 Mr. Flora, Public Works Director, stated there is also the question of the park fee. Mr. Qureshi, City Manager, stated the requirement is that l0",' of the,l and b e given .for park purposes or a cash donation of 10"" of the value of.the.. land. Ile stated the Council has, in the past, allo ..ed the park fee to be:. collected at the tine the building permit is issued. Mr. Brickner stated he would prefer the option of paying the park fee at the time the building permit is issued. Mr. Brickner was requested to submit;a letter, to this effect, regarding payment of the park fee. CONSIULRATION OF FIRST READING OF AN ORDINANCE TO VACATE STREETS AND ALLEYS AND WEND APPENDIX C OF CITY COME. THE AREA_GENERALLY LOCATED NORTH OF 6390 SATELLITE BOULEVARD AND SOUTH OF VACATED ELM STREET, W. G. DOTY AND GARY A. WELLNERSAV 80-14 MOTION by Councilwoman Moses to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION AND POSSIBLE RECONSIDERATION OF REZONING REQUEST ;80-02 FOR TED BURANDT: DENIED APRiE 13, 1981 : Councilman Schneider stated, after the action of the Council last week to deny this rezoning request, Mr. Burandt contacted him and wanted verification on the action taken. He stated Mr. Burandt indicated he didn't receive notice of the prior Corm cil meetings, and is present here this evening and perhaps should explain. Mr. Burandt stated he talked to the City the day before the Council meeting. He stated he was under the impression,-that the rezoning had taken place. Mr. Burandt stated he never received any notices, and felt they were possibly sent to the property address, and not his place of residence. He stated he took the action of the Planning Commission as approval. Councilwoman Moses asked how he was notified of the public hearings before the Planning Commission. Mr. Burandt stated, when he made the application, he was told when the meeting would be held. Councilman Ftizpatrick asked if he attended the hearings before the Planning Commission and at those meetings if he wasn't advised what would be taking place to which Mr. Burandt answered in the affirmative. Councilman Schneider stated the word from staff was that Mr. Burandt was contacted and that he was aware of the meeting. Councilman Schneider asked Mr. Burandt Ohat was his intended use of the property, if it is rezoned. Mr. Burandt stated he wanted to refurbish the property. He stated there was a fire in the dwelling so he has gutted it andthere was no insulation and it has.to be reworked and landscaped. Councilman Schneider pointed out one of the comments made by staff at the public hearing was, if the property is to be rezoned to conlmercial , they didn't think the structure should be remodeled and used as a commercial building. Mayor Nee felt if the Council is inclined to reconsider the denial of the rezoning, they should probably have all the material presented to them again. REGULAR MEETING OF APRIL 20, 1981 PAGE 8 Councilman Schneider stated his thought is that he is not inclined to approve a rezoning, unless. there is a stipulation that the present structure be removed. Mr. Burandt stated it is not economically feasible and the best use now would be to reomdel it and use it as a commercial use. W. Qureshi, City Manager, stated staff feels if there is any property where there is a commercial use intended, it should have a commercial structure on it. He stated if there is a need for the office building and Council feels it should be rezoned from R-3 to CR-1, then there should be an office structure built for that purpose. Mr. Burandt stated he would like to talk with staff regarding the possibility of remodeling the structure. He stated at this time, it isn't economically feasible to tear it down, and he bou,,ht it with the intent of remodeling it because as it is now, it is an eyesore. MOTION by Councilman Schneider to reconsider the denial of rezoning request #80-02 as filed by Ted Burandt and place it on the agenda for the next regular meeting, with submission of all the background information on this rezoning request. Seconded by Councilwoman Moses. Councilman Schneider stated when this does come up for a vote in order to support the rezoning, he would want to see the structure demolished and a commercial building constructed. Mr. Burandt was asked his address which he gave as 6211 Riverview Terrace. Mr. Qureshi asked if persons in the neighborhood should be renotified and Council felt they should be notified this would be on the Council's agenda for consideration. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carrie d'unanimously. NEW BUSINESS: 6 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MINUTES OF APRIL 8, 1981: MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of April 8, 1981. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF MARCH 3, 1981: MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission Meeting of March 3, 1981. Seconded by Councilwoman Moses. Councilman Schneider stated there was a notion in these minutes regarding the redrawing of ward boimdaries 30 days after the official census figures. He pointed out the opinion received from the City Attorney did not coincide with this time period, and staff was requested to forward this memo from the City Attorney to the Charter Commission. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. (RECEIVING PETITION # 1-1981 FROM POLK STREET AND LYNDE DRIVE RESIDENTS: MOTION by Councilman B.arnette to receive the petition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r� 1L4 2F REGULAR MEETING OF MAY 4, 1981 PAGE 3 Mr, iverts stated a petition was circulated over the weekend which, essen 'ally, outlined the reasons they were opposing this project, and they have we over 300 signatures and expects the total to go to at least 500. Mayor Nee ated the Council would like a report from staff on the issue raised regar 'ng Ordinance 555. He stated the City has no vested interest in this projec and is not taking a position one way or the other. Councilman Barnett stated he received a number of phone calls and is sensitive to the wh a issue. He felt the County's position was they are willing to listen and hings can be changed. He pointed out it is the County's property. ' Mr. Siverts pointed out tha New Brighton,.in.considering this issue, had a very thorough public hearin where written notices were handed out to the citizens in the entire City. stated they have been informed that New Brighton considered their segmen of the County's Master Plan unacceptable, i as proposed. i Mr. Siverts asked if a report from sta\adOrdinance No. 555 could be on the Council's next agenda so thethis information before they appear before the Watershed DistrCouncilman Schneider stated what he heounty has indicated a willingness to meet with the people. Ms. Mary Gilbertson, 6801 Channel Road \the Concerned Residents for Environmental Quality, asked if the County is exempt form the Department of Natural Resources requirement regarding environmentai.impact studies. She pointed out anyone who has done any work on the creek bank needed a permit, and asked if the County has to comply with the same ordinances as the property owners. Mr. Herrick, City Attorney, stated, in his opinion, the County would have to obtain permits for work in public waters, the same as a private citizen, but would be happy to look at the various statutes and ordinances, and prefer to wait until next week to give a definite answer. Mayor Nee felt a report could be obtained from the staff by the next Council meeting. I PUBLIC HEARINGS: 1 RE-OPENING OF A PUBLIC HEARING ON REZONING REQUEST ZOA #80-02, TO REZONE FROM R-3 TO CR-1, 1001 HILLWIND ROAD, TED BURANDT, dba: SWING REALTY: Councilman Schneider stated one of the surrounding property owners wished to comment on this item, however, they had to leave for a meeting in Coon Rapids and indicated they would be back as soon as possible, thereford, he requested this item be tabled for another half hour. { MOTION by Councilman Schneider to table consideration of this rezoning item for one half hour. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2CO UED PUBLIC HEARING ON ESTABLISHMENT OF-A TAX INCREMENT DISTRICT IN THE MOORE LAKE REDEVELOPMENT AREA CONTINUED FROM MARCH 30,- AND 0 AND j RESOLUTION €56-1981 OF TH -i TX COUNCIL OF FRIDLEY, MINNESOTA APPROVING TAX / INCREMENT PLAN ,-;1 OF THE MOORE L K€-RFDEVELOPMENT AREA: AND RECEIVING PETITION NO. 2-1981 REQUESTING CITY P PROPERTY IN AREA i NORTH OF HILLWINJ, DRIVE EAST OF POLK WEST OF FILLMORE TBR-COMMUNITY USES: Mayor Nee requested the Council receive the petition requesting the Ci purchase porperty in the area north of Hillwind Drive, east of Polk, and west of Fillmore for park purposes. t j REGULAR MEETING OF MAY 4, 1981 PAGE 8 RE-OPENING OF A PUBLIC HEARING ON REZONING REQUEST, ZOA #80-02, TO REZONE FROM i R-3 TO CR-1, 1001 HILLWIND ROAD, TED BURANDT, dba: SWING REALITY: MOTION by Councilman Barnette to reopen the public hearing on this rezoning request. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 10:10 p. m. Mr. Flora, Public Works Director, stated the property in question is located just off Hillwind Road in the area of Polk Street and Lynde Drive. He stated the request is to rezone the parcel from R-3 to CR-1. Mr. Flora stated the Planning Commission recommended approval , with the stipulation that the existing structure be torn down, and a building constructed for commercial purposes and that fencing be installed. Mr. Burandt, the petitioner, stated his intent is to retain and update the existing structure and the reason for this is the tight financing. He stated now that this area has been approved for tax increment financing, it appears there would be more favorable terms to putting up a new structure. He stated, if it is objectionable to remodeling the existing structure, perhaps some type of time limit could be placed on it to allow there to remodel now and use it and to wait for financing. Mr. Herrick, City Attorney, stated with this property coming under the tax increment district and under the jurisdiction of the HRA, they could move to acquire the property either by purchase or condemnation. Mr. Qureshi , City Manager, felt there are several questions and one is if there is a need for an office building in that area and if that is the proper use of the land. He stated the house being used now for an office, south of this property, was a model home and that is how the structure got there in the first place. He felt, if there is a need for an office building, then it shuuld be constructed as a commerical building. 1 Mr. Qureshi stated Mr. Burandt could fix up the structure and rent it as a residential home if he isn't willing to build a commercial structure at this time. Councilwoman Moses asked if the property were to remain as R-3, how many units could be constructed on it. Mr. Qureshi stated the property would accommodate about ten units. Councilwoman Moses pointed out the Planning Commission determined it would be better suited for commercial use. Councilman Schneider stated the pattern has been set where there are other offices in the area and the land has been rezoned. He stated they do have a traffic problem in this area and ten units would probably create more problems than an office building. Councilman Schneider stated if he was to act in favor of the rezoning it would be contingent on removal of the existing structure. ! Mrs. Fassett stated in Tax Increment Plan 1 it states it is the intent of the HRA to acquire this property and remove a substandard structure. She stated Mr. Burandt knows the HRA will buy it from him for $56,000. i Councilman Schneider stated the HRA would not acquire the land, unless they ! J have reasonable assurances someone would develop it. r ' I I I 13® REGULAR MEETING OF MAY 4, 1981 PAGE 9 Mrs. Fassett pointed out that this week Mr. Burandt can develop the property because he is going to get help which he couldn't do last week. She felt if Mr. Burandt didn't get the rezoning, the HRA would acquire it and have the rezoning anyway. I Mrs. Fassett stated she didn't object to a small office building, but would question whether ten units on the parcel wouldn't add less traffic than an office building. She felt the dwelling units would fit better into the area than an office building. Firs. Nancy Jorgenson, 5730 Polk Street, stated she felt the existing structure should be removed and it would be to Mr. Burandt's benefit to remove it, ! as long as this area is in a tax increment district. i Mr. Burandt stated he would like to take the building down, if it is economically feasible. I ' Mrs. Karyn Prois, 1060 Lynde Drive, asked that the Council be responsible to the neighborhood and take a stand now and not let the structure remain on the assumption it will be removed. MOTION by Councilman Schneider to close the public hearing on this rezoning request. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:40 p. m. J The Council then proceeded to Item 11 on the agenda regarding the community I recreation building needs assessment committee final report. ! 1 RECEIVING C 1MUNITY RECREATION BUILDING NEEDS ASSESSMENT COMMITTEE FINAL REPORT: I Dr. Boudreau, ' ctor of Parks and Recreation, introduced Mr. Jack Hansen, { Co-Chairman of th Community Recreation Needs Assessment Committee. Mr. Hansen stated the ommittee's report has been presented to the Council and the Committee vote n February 26, 1981 in favor of constructing a community recreation bui Ing by a vote of 11 in favor,'1 against, and 1 abstention. Mr. Hansen stated the Com,iitte also made the following motions: (1) That the Parks and Recreation Conmissi recommended to the Council that before a building is built, the City Coun '1 advise the community of the results of the report via the Sun Newspaper and ther media; (2) That the Parks and Recreation Commission recommend to the ouncil that before a building is built, the City Council go to a referend vote of the people; and (3) That the Parks and Recreation Commission recomm d to the Council that before a building is built, the City Council discuss •th School District 14 any alternative sites or facilities that could be ed or developed. fMr. Hansen stated, in regard to Item 1, there has en an article by Ruth 1 Dunn in the Sun Newspaper and he had one interview w -h Barb Hughes on Cable Television. He further stated, in regard to Ite 3, this motion came about from those on the Committee who felt school distri facilities could be used. He stated the majority of the Committee members It this wasn't feasij)le, however, the Council should check into it further r verification. I Mr.'Hansen stated the Committee also recommended the building i lude three multi-purpose gymnasiums, a multi-purpose auditorium within the st cture, and an indoor, scaled down pool. Mr. Hansen stated copies of the minutes of all the Committee meetings a attached for the Council's reference. He explained the concensus of opin n i was the building could be built for approximately $4,000,000. I i I - 2 D REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 7 Mr. ora stated the petitioner wishes to construe. an addition to the existi building at 4040 Marshall Street, which is now an existing gas station, change some of the existing asphalt to grass and plantings and tear down so of the existing signs. Mr. Flora s ated the Appeals Commission has recommended approval of the variances, w h the stipulation that the owner work with the City Planning Department to stablish a landscape plan and improvement schedule. Mr. Flora further suggest d a bond to insure compliance. MOTION by Council n Fitzpatrick to concur with the recommendation of the Appeals Commission o grant the variances to reduce the front yard setback from 35 feet to 22 et; and to reduce the rear yard setback from 25 feet to - 11 feet; and to reduc the side yard setback from 15 feet to 2 feet, with the stipulation that the o ner work with theCit Planningg Department to establish 4 landscape plan and im rovement schedule. �econded by Councilwoman Moses-Martin Mr. DeMars and his partner tated, in the interests of safety, they would like an additional parking ea they can use as a turn-around so it wouldn't be necessary to back onto Ea River Road. Mr. Dick Harris, Chariman of th Planning Commission, stated the code requires a 20 foot setback to a parking area and if they put another driveway in, they wouldn't have t required 20 feet between the turn- around and the street. He stated a other variance would be needed in order for them to provide this turn-around they are requesting. Mr. Qureshi, City Manager, stated if t y want to put in this turn-around, they would need a variance from the required 20 feet to 4 feet in order for it to be accomplished. MOTION by Councilman Fitzpatrick to amend t above motion by adding that a variance be granted from the required 20 fo t setback from the street to 4 feet in order to provide for a turn-around a ea. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting ay Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. (2) &QUEST FOR A VARIANCE TO REDUCE LOT AREAS TO LLOW CONSTRUCTION OF TWO DUPLEXES, 1239 AND 1241 NORTON AVENUE L ROBERT ERICKSON: MOTION by Councilman Barnette to concur with the recommen\7ee f the Appeals Commission and grant the variance to reduce the lfrom 10,000 square feet to 8.909 square feet and reduce the lot width5 feet to 66-1/2 feet on Lot 6, Auditor's Subdivision No. 89. SecoCouncilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nred the motion carried unanimously. MOTION by Councilman Schneider to receive the Planning Co "nutes of September 16, 1981. Seconded by Councilman Barnette. Upce , ote,all voting aye, Mayor Nee declared the motion carried una .Mayor Nee stated the Council would proceed, at this time, 11 on the agenda. P RESOLUTION NO. 109_1981 CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES. SECTION 474.01 SUBD. 7B, ON_ BEHALF OF PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY FEHLING, FEHLING AND NYBO: MOTION by Councilman Schneider to adopt Resolution No. 109-1981, setting the public hearing for October 19, 1981. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 8 MOTION by Councilman Schneider to direct staff to renotify the people in the area that there will be further discussion on the rezoning request for this area at the October 19, 1981 Council meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECt VING CHARTER COMMISSION MINUTES OF MAY 6, 1981: MOTI0 by Councilwoman Moses-Martin to receive the minutes of the Charter Comm iss'0n Meeting of May 6, 1981. Seconded by Councilman Schneider. Upon a v ice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING C BLE TELEVISION COMMISSION MINUTES OF AUGUST 13, 1981: '� RECEIVE_ E UEST TO AUTHORIZE $500 PAYMENT TO LEAGUE OF WOMEN VOTERS �� FOR CONDU TING CATV SURVEY: MOTION by Counci an Schneider to authorize payment of $500 to the League of Women Voters f r the Cable Television Commission study and that these funds be taken fro the Cable Television Commission's budget. Seconded by Councilman Fitzpatr k. Upon a voice vote, all voting aye, Mayor Nee declared the motion rried unanimously. RECEIVE COMMISSI RE UEST TO APPROVE ACCW 1982 BUDGET REQUEST AND AGREEMENT: Mr. Mark Scott, represents 9 the Anoka County Communications Workshop, appeared before the Counci regarding their 1982 budget request in the amount of $17,109. Mr. Scott stated the quarterl report and budget request pretty well outlines their needs for 1932. MOTION by Councilman Schneider to concur with the request of the Cable Television Commission in funding t e Anoka County Communications Workshop in the amount of $17,109. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee decl red the motion carried unanimously. !` RECEI_VE REQUEST_OF COMMISSION TO END STAFF PERSON TO NEWLY FORMED NATIONAL ASSOCIATION OF TELECOMMUN CATIONS OFFICERS AND ADVISOR'S N FIRST CONFERENCE AND THAT H BECOME A MEMBER: MOTION by Councilman Barnette to approve t request of the Cable Television Commission to send a staff perso to attend this conference. Seconded by Councilwoman Moses-Martin. Upon voice vote, all voting aye, Mayor Nee declared the motion carried unanimo ly. MOTION by Councilwoman Moses-Martin to receive a minutes of the Cable Television Commission Meeting of August 13, 1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Ma r Nee declared the mution carried unanimously. RECEIVING CABLE TELEVISION COMMISSION MINUTES OF SEP MBER 10, 1981: MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Commission Meeting of September 10, 1981. Se onded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he wished to bring to the Council's attenti n the request by the Commission to set up sub-committes or task forces and elt the Council should respond. r 1 R� I ,, PUBLIC HEARING OF OCTOBER 19, 1981 PAGE 6 Mr. Nordlund felt anything a city can do to increase its tax base helps in selling bonds. Mr. Moen, 7154 Riverview Terrace, stated he felt, in the beginning, industrial revenue bonds were intended for construction of hospitals and institutions and tends to agree with Mr. Larson's comments that it would be overstepping the bounds in issuing tax free revenue bonds in this case, as there is no doubt it does remove revenues from the State and Federal governments. Mr. Dave Harris, 470 Rice Creek boulevard, stated he is involved in a residential housing project in Coon Rapids and the housing industry is the lowest since the 1950's. Mr. Harris stated he had nine builders in this project and is now down to two builders, and many of the workers had to go on unemployment and welfare. He felt this was a bigger tax bite compared to the loss of income the State does not get from the issuance of industrial revenue bonds. No other persons in the audience spoke regarding this proposed project for the issuance of industrial revenue bonds. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:15 p, m. OLD BUSINESS: CONSIDERATION OF REZONING REgUEST, ZOA #80-02,xD REZONE FROM R-3 TO CR-1, 921 HILLWIND ROAD PRESENTLY ADDRE. . �0 1 HILLWIND ROAD, TED BURANDT, dba: SWING REALTY PUBLIC HEARING HELD 5/4/81): Mayor Nee stated the Council has had the hearing on this rezoning request and tabled the decision on the rezoning. He stated neighboring residents have been notified that the Council will be considering the item this evening. Mr. Flora, Public Works Director, stated the request is to rezone the property from R-3 to CR-1. He stated when the public hearing was held on the rezoning request, several stipulations were recommended, one being that the existing structure was to be removed and another was to provide screening. He stated, at the time of the hearing, Mr. Burandt was developing a package, but was not too interested in tearing down the existing structure. He stated, since this time, parties have gotten together with the plan for construction of an office building. Councilman Schneider stated he believed it makes sense for commercial use of the property. He stated the traffic question that has come up before is a real problem, however, he is not convinced it would make a lot of difference in the traffic, whether the property is used for multiples or commercial development. Councilwoman Moses-Martin stated she couldn't believe the neighboring residents weren't present this evening, as they raised many questions at the time of the public hearing. Councilman Schneider stated he has talked with Carol Fassett several times and, generally, it was her feeling, and she wasn't speaking for her neighbors, that she would prefer commercial development rather than more multiple units. Mr. Qureshi, City Manager, stated access to the office building would be essentially through Hillwind Road, with traffic exiting to Hackman through Polk Street. No persons in the audience spoke for or against this proposed rezoning request, and the following item was considered. k7 PUBLIC HEARING MEETING OF OCTOBER 19, 1981 PAGE 5 Mr. Qureshi, City Manager, stated the City did deny industrial revenue bond financing in the past, however, the issues Mr. Larson raises are good. He felt it is a policy matter that should be considered at the Federal and State levels, and if this means of financing is :stopped, all cities are going to be treated equally. He stated the problem they have if they want any development now, this is probably the only method left to finance any industrial or commercial construction. He stated the thrust has been to help existing industries in Fridley, however, more and more communities are using this means to obtain industry and the City has to remain competitive. Mr. Larson stated he is concerned about the fact that this project is do or die depending on whether they approve industrial revenue financing. He felt just because everyone else was using this means, the City didn't have to stay in there to get their share and that this had to be looked at from the taxpayer's viewpoint. Mr. Qureshi pointed out he was also a taxpayer and felt this should be brought to the attention of their representatives in Congress as some of the arguments made were good. Mayor Nee stated he would like to have this process eliminated by the Federal government. He stated he felt the Council was uneasy with using this means of financing, but it comes down to the question if they don't offer this means and other cities do, they have lost some development. He stated it then gets into the question of regretable alternatives. He felt there are better ways to help along development, however, it is the setting today and what they have to deal with. Mayor Nee stated he would agree it is bad, but puts the City in a position where, if they want to remain competitive, they are almost required to do it. Councilman Barnette stated the idealistic situation is not to have this means of financing, however, if they don't provide this tool, developers would go somewhere else and the Council would then have denied Fridley this development. Mr. Larson stated he didn't think Fridley got where it is today with the issuance of industrial revenue bonds and his hunch is, in the next year, the conversation will be meaningless because something will be done. Councilman Schneider asked if it was fair to the local taxpayers to not take advantage of something that is legal and, from the City's viewpoint, risk-free. He stated all the surrounding communities are, in fact, providing this means of financing so whether they issue industrial revenue bonds here or whether they are issued in a neighboring community, it is the same cost on the State and Federal levels. Mr. Larson stated the taxpayer can't attribute the cost to his pocketbook. He pointed out it is the same with grants. The money is taken from one pocket and put into another, however, it is still the taxpayer who is paying. Mr. Larson stated the Council agrees with all the facts, but because you want to have a new building, you will probably approve it anyway. Mayor Nee stated he would sign a letter with Mr. Larson to send to the Congress to repeal the use of industrial revenue financing, but until this is done, he has another problem. Mr. Nordlund stated the State Commissioner of Taxation testified at hearings in the State of Minnesota that industrial revenue bonds had no significant effect, as far as the State revenue was concerned. .Mr. Nordlund stated Minnesota issues quite a few industrial revenue bonds, however, the Northern states are losing businesses to the Southern areas. L!2 • PUBLIC HEARING OF OCTOBER 19, 1981 PAGE 7 4 A COPSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS PART OF LOT 3, AUDITOR'S SUBDIVISION NO. 25 PARCEL 1100 LYING IN THE SOUTH HALF OF SECTION 24, T-30, R-24, CITY OF FRIDLEY, COUNTY OF ANOKA, MINNESOTA FROM R-3 TO CR-1: MOTION by Counclilman Schneider to waive the reading of the above ordinance and approve the ordinance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5 ORDINANCE NO. 741 REPEALING CHAPTER 506 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 506 ENTITLED "VEHICLE PARKING": MOTION by Councilman Schneider to waive the reading of Ordinance No. 714 and adopt it on the second reading and order publication. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: iCONSIDERATION OF A SIGN PERMIT APPLICATION, UNITED METHODIST CHURCH 666 MISSISSIPPI STREET: Mr. Flora, Public Works Director, stated the United Methodist Church has requested a second free standing sign identifying their day care center to be placed on Monroe Street off of Mississippi. Mr. Flora stated United Methodist Church came to the Council in 1980 for some variances and the Council required some screening, a landscape plan, and deferred the requirement for curbing in the parking lot until 1983. He stated they have been assured the improvements would be completed as requested by the Council last year. MOTION by Councilman Schneider to grant the sign permit to United Methodist Church fora s-econd free standing sign identifying their day care center. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ► 'RESOLUTION NO. 119-1981 APPLYING FOR A STATE GRANT FOR THE DEVELOPMENT OF THE UNIVERSITY BIKEWAY/WALKWAY PROJECT NO. 2 AND AUTHORIZING EXECUTION OF THE GRANT AGREEMENT: MOTION by Councilwoman Moses-Martin to adopt Resolution No. 119-1981. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 120-1981 CALLING FOR A PUBLIC HEARING ON FINANCING INDUSTRIAL DEVELOPMENT PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 474.01, SUBD. 7B, LaMAUR, INC.: MOTION by Councilman Fitzpatrick to adopt Resolution No. 120-1981 setting the public hearing for November 9, 1981. Seconded by Councilwoman Moses-Martin. 11r.Wallace Johnson, Vice-President of Finance for LaMaur, Inc., stated their company has been in Fridley since 1970 and they manufacture hair care products. He stated they employed 370 persons in 1970 and presently employ 500 and that their sales have increased from $20,000,000 in 1970 to $65,000,000. Mr. Johnson stated there is a need to expand their facilities and they are in the preliminary stages of identifying the type of expansion needed, I and the cost will be about $3,000,000. He stated they have elected to come to the Council and ask for financing through industrial revenue bonds. They were advised the public hearing on their request will be on November 9, 1981. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 27'; I PUBLIC HEARING MEETING OF OCTOBER 19, 1981 PAGE 8 I 9 CONSIDERATION OF RESOLUTION RECITING A PROR—"& FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT, FEHLING, FEHLING, AND NYBO: Councilman Schneider stated he would feel more comfortable having the developers here to discuss their plans. He stated he didn't have a problem regarding the financing, but concern on the traffic flow. Since Ms. Nybo was on vacation, it was felt it probably would be better to wait another week before action is taken on this resolution so the Council could discuss any concerns they had with her. MOTION by Councilman Schneider to table action on this resolution for one week until one of the principals is present. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 0 CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 266530 through 299W26. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 1 LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12 ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Herrick & Newman, P.A. 6279 University Avenue N.E. Fridley, MN 55432 For legal services rendered as City Attorney for the month of September, 1981 $1,855.85 Smith, Juster, Feikema, Malmon & Halvitz 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered as City Prosecutor for the month of September, 1981 $3,787.50 TKDA, Inc. 2500 American National Bank Building St. Paul, MN 55101 Infiltration/Inflow Analysis for August, 1981 $6,069.83 Walhunt Construction Company 1640 - 177th Avenue N.W. Cedar, MN 55011 FINAL Est. #3 - S & W Project No. 133 $4,343.01 2'f 6 REGULAR MEETING OF OCTOBER 26, 1981 PAGE 2 Councilman Schneider asked if they approved the resolution for the industrial revenue bond financing, if it would affect the control on the rezoning. Mr. Herrick, City Attorney, stated approval for industrial revenue bond financing, at this time, is preliminary approval and doesn't bind the Council to proceed. He stated it should be pointed out the Council would be giving preliminary approval and one of the conditions of final approval would be to obtain the rezoning. MOTION by Councilman Schneider to adopt Resolution No. 121-1981. Seconded by Councilwoman Moses-Martin. Councilwoman Moses-Martin asked Councilman Schneider what he had discussed with Ms. Nybo in their telephone conversation. Councilman Schneider stated he talked with her about the structure and made sure they intended to remove the existing structures, however, he stated they didn't go into detail on the building construction. UPON A VOICE VOTE , TAKEN ON THE ABOVE MOTION, all voted aye, Mayor Nee declared the motion carried unanimously. 2 CONSIDERATION OF S OND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF F EY, NESOTA BY MAKING A CHANGE IN ZONING DISTRICTS, FROM R-3 TO CR-1 OA 080-02 921 HILLWIND ROAD PRESENTLY ADDRESSED AS 1001 HILLWIND ROAD , TED B a: SWING REALTY: Councilman Schneider felt the City should maintain some control to make sure existing structures on the property are removed. Councilman Schneider stated he felt administration should be authorized to enter into an agreement with the petitioner regarding certain assurances that the office building will be built before there is a second reading on the rezoning ordinance. Mr. Burandt, petitioner for the rezoning, stated the developers are not involved in the rezoning on this particular piece of property. Mr. Qureshi, City Manager, stated the agreement, referred to by Councilman Schneider, would be between the developer and the City to remove the old, burned-out structure as well as the existing house that is being used as an office in order to construct a new office building. He further stated, if these conditions are met in a certain amount of time, the City will rezone this property. Mr. Burandt stated in order for the new office building to be constructed, it would be necessary to remove both structures in order to supply adequate parking. Mr. Burandt stated he needed this property rezoned now in order to sell it to the Housing and Redevelopment Authority so they, in turn, can sell it to the developer. Councilman Schneider stated he didn't want this property in question rezoned unless they have a package whereby the burned-out house and the house occupied by Swing Realty are removed. Mr. Burandt stated the Council has then changed their position, because at the time of the hearing, the position taken was only to remove the burned-out structure. � u THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 26. 1981 The Regular Meeting of the Fridley City Council was called to order at 7:35 P. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick,Councilwoman Moses-Martin, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 5, 1981: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested the following items be added to the agenda: (1) Set a Public Hearing on the Issuance of Industrial Revenue Bonds on Behalf of the 73rd Avenue Partnership Project; (2) Set a Public Hearing on Behalf of the Rice Creek Company; and (3) Set a Public Hearing on the Establishment of a Tax Increment District in the North Area. MOTION by Councilwoman Moses-Martin to adopt the agenda with the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. OLD BUSINESS• F E RESOLUTION NO. 121-1981 RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL OF THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER U SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT, FEHLING, FEHLING AND NYBO TABLED 10/19/81): Mayor Nee stated action was tabled on this resolution at the last meeting in order to receive further comments from the proposed developer. Mr. Qureshi, City Manager, stated the proposal is to construct a 28,000 square foot office building on the northeast corner of I-694 and Highway 65. He stated this building will be constructed on two lots, one lot presently contains an old, burned out structure which is not occupied, and the other lot south of it currently has a model home which was converted to office space. Mr. Qureshi stated the proposal is to remove both of the structures and construct the office building. Councilman Schneider stated Ms. Nybo is on vacation, however, he did receive a phone call from her and he is comfortable as far as proceeding on this resolution. Councilman Schneider stated regarding the next item on the agenda, which is the rezoning issue, it is his intent to move to authorize the administration to enter into an agreement with the petitioner and, upon completion of the items outlined in this agreement, there would be a second reading on the rezoning ordinance. X77, REGULAR MEETING OF OCTOBER 26, 1981 PAGE 3 Councilman Schneider stated he has talked to neighboring residents, since the time of the hearing, and doesn't want to be in the position of having the property rezoned and not have adequate parking. Councilwoman Moses-Martin stated if this proposed project for construction of an office building falls through and the property is rezoned to CR-1, someone could build a smaller structure and never have to come to the Council for approval, if they met all the codes. Councilman Schneider stated, even if the rezoning is tied to the removal of both structures, he didn't believe it would effect Mr. Burandt's dealings with the Housing and Redevelopment Authority. Mr. Qureshi felt it would have no effect, if the Housing and Redevelopment Authority was going to acquire this piece ofro ert . P P Y Mr. Burandt stated the Housing and Redevelopment Authority is only acquiring one piece of property, the one for which he is asking for the rezoning. Mr. Boardman, City Planner, stated the problem is that only one piece of property is in the tax increment district and if the funding doesn't go through for construction of this office building, the Housing and Redevelopment Authority will pull out of the project. Mr. Herrick, City Attorney, stated it would seem if the proposal for the Nybo office building goes through, then it makes no difference on the rezoning issue. If it doesn't go through, and the rezoning is approved, tips owner could make application for any office building that would meet the area requirements of that particular lot. He felt the question to be answered was if the Council would prefer to have the property rezoned even if it is a separate lot and there may be the possibility of a smaller office building, or to have it remain at its present zoning until they know definitely what will happen with the proposed project. Mayor Nee felt if Mr. Burandt controls both parcels, it would seem to be in his best interests to make an agreement with the developer. Mr. Burandt stated he doesn't control Nybo's property per se, but has a contract for deed which states nothing can be removed from the property, without payment on the contract for deed. Mayor Nee asked which parcel of property the Housing and Redevelopment Authority is considering for purchase. Mr. Boardman, City Planner, stated it is the parcel where the existing burned-out structure is located and that Nybo's control the other parcel under a contract for deed. Mr. Herrick felt the agreement could be witifi the developer for the office building to the effect that if the building project goes forward, the lot with the burned-out house would be rezoned and Nybo's would agree that both this structure and the other structure housing Farmers Insurance would be removed. He stated, at that point, they would have to pay Mr. Burandt on the contract for deed. Mr. Herrick stated he didn't see such an agreement as being an obstacle and felt they could go to their financial agency with such an agreement for the necessary financing. MOTION by Councilman Schneider to direct the administration to work out an agreement which insures that before the property is rezoned, there are assurances that the office building proposed to be constructed will, in fact, be built and implies the removal of the Farmers Insurance Building and removal of the burned-out structure; further, that the agreement insures the proper plantings, screening, signing and that the new construction is substantially the same as proposed to the Council. Seconded by Councilwoman Moses-Martin, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, r REGULAR MEETING OF OCTOBER 26, 1981 PAGE 4 Mr. Nordlund, representing the developer, stated normally you have an inducement resolution to induce the developer to go out and get plans and try to obtain: mortgage commitment from lending institution. He stated, with the mortgage commitment, they will be able to do all the things required by the Council. He stated once they get the commitment for financing, if the rezoning could be a timely and quick step, he could see no problems of having such an agreement. No action, therefore, was taken at this time on the second reading of the ordinance covering the rezoning. NEW BUSINESS: 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICT, FROM M-2 TO C-2 ZOA #81-04),-350 73RD AVENUE, MARK HAGGERTY: MOTION by Councilwoman Moses-Martin to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declA red the motion carried unanimously. 4 CONSIDERATION OF FIRST READING OF AN ORDINANCE TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE SAV #81-03), PETITION #9-1981 TO VACATE 66TH AVENUE BETWEEN PIERCE STREET AND LUCIA LANE, BURTON H. SCHERVEN: Councilman Schneider stated he did go out and look at this property and if a road were to be constructed at some future date, one garage would be very close to the right-of-way. He felt this wasn't a significant enough problem to proceed with the vacation and felt the City should retain the easement in the event there may be a need for it in the future. MOTION by Councilman Schneider to deny vacation request, SAV #81-03, as filed by Burton H. Scherven for the vacation of 66th Avenue between Pierce Street and Lucia Lane. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 602 OF THE FRIDLEY CITY CODE ENTITLED "BEER LICENSING" BY ADDING SECTION 602.01, SUBDIVISION 4; AMENDING SECTION 602.02, SUBDIVISION 1; ADDING SECTION 602.02, SUBDIVISION 5; AMENDING SECTION 602.07, SUBDIVISION 1: Mr. Jim Hill, Public Safety Director, stated at the Council's regular meeting on October 5, there was a request for a temporary on-sale beer license from a local businessman and it was recommended the license be denied as they didn't qualify for a license under the provisions of the State statute. Mr. Hill stated the ordinance before the Council for first reading would permit a business to give away beer during a special event and would more clearly define what the term sale, sell, or sold is intended to mean and is consistant with the definition in the Minnesota State statute. Mr. Hill stated the new Subdivision 5, Section 602.02, explicitly provides for the exemption of the license while giving away free beer, but still gives the City control over the possibility of giving free beer away which would create a public safety danger or infringe on the peace and tranquillity or violate the laws. Mr. Herrick, City Attorney, stated he has no problem with the concept of the ordinance and would suggest a first reading, however, he may have some minor changes at the time of the second reading of the ordinance. MOTION by Councilman Barnette to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting: aye, Mayor Nee declared the motion carried unanimously. V THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF 1 OCTOBER 26. 1981 The Regular Meeting of the Fridley City Council was called to order at 7:35 p, m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Councilwoman Moses-Martin, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 5, 1981: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested the following items be added to the agenda: (1) Set a Public Hearing on the Issuance of Industrial Revenue Bonds on Behalf of the 73rd Avenue Partnership Project; (2) Set a Public Hearing on Behal` of the Rice Creek Company; and (3) Set a Public Hearing on the Establishm ort of a Tax Increment District in the North Area. MOTION by Councilwoman Moses-Martin to adopt the agenda with ':he ntaove J itions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, May r Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of bvsinesr . OLD BUSINESS• 6� RESOLUTION NO. 121-1981 RECITING A PROPOSAL FOR A COMMERCIAL FACiL: iIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL OF THE PROJECT "W(SUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHOR'ZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TG THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT, FEHLING, FEHLING AND NYBO TABLED 10/19/81): Mayor Nee stated action was tabled on this resolution at the last meeting in order to receive further comments from the proposed developer. jdMr. Qureshi, City Manager, stated the proposal is to construct a 28,000 / square foot office building on the northeast corner of I-694 and Highway 65. He stated this building will be constructed on two lots, one lot presently contains an old, burned out structure which is not occupied, and the other lot south of it currently has a model home which was converted to office space. Mr. Qureshi stated the proposal is to remove both of the structures and construct the office building. Councilman Schneider stated Ms. Nybo is on vacation, however, he did receive a phone call from her and he is comfortable as far as proceeding on this resolution. Councilman Schneider stated regarding the next item on the agenda, which is the rezoning issue, it is his intent to move to authorize the administration to enter into an agreement with the petitioner and, upon completion of the items outlined in this agreement, there would be a second reading on the rezoning ordinance. L�6 , REGULAR MEETING OF OCTOBER 26, 1981 PAGE 2 Councilman Schneider asked if they approved the resolution for the industrial revenue bond financing, if it would affect the control on the rezoning. Mr. Herrick, City Attorney, stated approval for industrial revenue bond financing, at this time, is preliminary approval and doesn't bind the Council to proceed. He stated it should be pointed out the Council would be giving preliminary approval and one of the conditions of final approval would be to obtain the rezoning. MOTION by Councilman Schneider to adopt Resolution No. 121-1981. Seconded by Councilwoman Moses-Martin. Councilwoman Moses-Martin asked Councilman Schneider what he had discussed with Ms. Nybo in their telephone conversation. Councilman Schneider stated he talked with her about the structure and made sure they intended to remove the existing structures, however, he stated they didn't go into detail on the building construction. UPON A VOICE VOTE , TAKEN ON THE ABOVE MOTION, all voted aye, Mayor Nee declared the motion carried unanimously. 2 CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THECITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS, FROM R-3 TO CR-1 ZOA #80-02 921 HILLWIND ROAD PRESENTLY ADDRESSED AS 1001 HILLWIND ROAD), itD BUKANDT, dba: SWING REALTY: Councilman Schneider felt the City should maintain some control to make sure existing structures on the property are removed. Councilman Schneider stated he felt administration should be authorized to enter into an agreement with the petitioner regarding certain assurances that the office building will be built before there is a second reading on the rezoning ordinance. Mr. Burandt, petitioner for the rezoning, stated the developers are not involved in the rezoning on this particular piece of property. Mr. Qureshi, City Manager, stated the agreement, referred to by Councilman Schneider, would be between the developer and the City to remove the old, burned-out structure as well as the existing house that is being used as an office in order to construct a new office building. He further stated, if these conditions are met in a certain amount of time, the City will rezone this property. Mr. Burandt stated in order for the new office building to be constructed, it would be necessary to remove both structures in order to supply adequate parking. Mr. Burandt stated he needed this property rezoned now in order to sell it to the Housing and Redevelopment Authority so they, in turn, can sell it to the developer. Councilman Schneider stated he didn't want this property in question rezoned unless they have a package whereby the burned-out house and the house occupied by Swing Realty are removed. Mt. Burandt stated the Council has then changed their position, because at the time of the hearing, the position taken was .only to remove the burned-out structure. I 7 7 REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 5 Mr. Olson stated,in conferring with Midland National Bank, they were told there would be some savings as a result of them purchasing the note. Mr. Olson stated the expansion is to be about 51,000 square feet and would provide about 43 additional job, all at the Fridley facility. Mr. Qureshi, City Manager, stated originally LaMaur was considering two sites for this expansion, one to the north and one to the south, and asked if a decision had been made on the location. Mr. Olson replied they would be expanding to the north and the facility could be larger than what is now anticipated. Mr. Qureshi stated the Council's action on the industrial revenue bond issue has no relationship regarding the building permit. He stated the building permit would be a separate process and the plans would be reviewed to make sure thay meet all the zoning and code requirements. Mr. Herrick, City Attorney, asked Mr. Olson who was their bond attorney and he stated it was Mr. Walter Duffy. Mr. Herrick asked Mr. Olson to have Mr. Duffy contact him as soon as possible. There was no response from the audience regarding the issuance of these industrial revenue bonds. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:45 p. m. OLD BUSINESS: c� CONSIDERATION OF REVISED COMPREHENSIVE PLAN FOR SUBMITTAL TO THE METROPOLITAN COUNCIL�ABLED10/26%8 - Mr. Qureshi, City Manager, stated staff has gone through this plan and made adjustments in order to leave the flexibility, as much as possible, on the City level. He suggested this item be considered later in the agenda if there will be a fairly lengthly discussion. The Council agreed to proceed with the other agenda items and return to this item later. �= ORDINANCE NO. 743 AMENDING CHAPTER 602 OF THE FRIDLEY CITY CODE ENTITLED "BEER LICENSING"• MOTION by Councilman Schneider to waive the second reading of Ordinance No. 743 and adopt it on the second reading and order publication. Seconded by Councilwoman Moses-Martin. Mr. Herrick, City Attorney, stated he has reviewed this ordinance and is satisfied with the way it is written. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. --- f !CONSIDERATION OF REPORT FROM STAFF REGARDING THE REZONINd FOR MR. BURANDT: Councilman Schneider stated his purpose in adding this item to a agenda is to obtain a status report on where they stand with this parcel. He stated, at thelast meeting, this item was referred to staff to draw up an agreement that would, basically, insure that the proposal presented for an office complex does, in fact, proceed. 288 REGULAR MEETING OF NOVEMBER 9, 1961 PAGE 6 Mr. Qureshi, City Manager, stated staff has talked to Mr. Burandt and indicated the Council would rezone the parcel he owns, with the stipulation: that the structure now on it would be removed, as well as the building to the south, and the proposed office building would be constructed. Mr. Qureshi stated Mr. Burandt indicated he didn't want to sign such an agreement and wanted to treat his lot separately, with an agreement he remove the existing structure. Councilman Schneider pointed out that Mr. Burandt is the fee owner on both parcels and asked on a rezoning request who files the application, the contract-for-deed owner or fee owner. Mr. Herrick, City Attorney, stated either can make application, but both must sign the application for rezoning. Councilman Schneider asked if there is any legal agreement that can be drawnso that Mr. Burandt is protected in the event Nybo's financing for the office building does not go through. He felt there should be a way to protect the City as well as Mr. Burandt. Mr. Burandt stated the application for rezoning was made by him and he cannot sign an agreement for removal of the existing structure as the contract for deed prohibits this removal. Mr. Herrick felt there shouldn't be any reason why he and the Nybo's couldn't agree on this matter, subject to them obtaining the financing. Mr. Burandt stated if the financing doesn't go through for the proposed office building, he still has an R-3 property and he cannot apply to refurbish the property under the current status. rr. Herrick stated, depending on the degree of damage, if it is less than 50%, Mr. Burandt has the right to have the structure repaired. He stated he will also have the right to construct multiple units up to the amount allowed under the zoning. He stated on the question of the rezoning, however, that is a discretion made by the Council to decide what is best for the City and the area. Mr. Burandt said he was advised the opposite by the staff. He also stated Nybo's have an exclusive development contract signed with the Housing and Redevelopment Authority. Mr. Herrick stated if they don't have control of both parcels, then they don't have an agreement with the Housing and Redevelopment Authority. Mr. Burandt stated the Housing and Redevelopment Authority gave the Nybo's rights to develop the property through condemnation. Mr. Herrick stated what has to be clarified is who has control over the property. Mr. Burandt stated there was no agreement between himself and the Nybo's for the parcel which contains the burned-out structure. Mr. Herrick felt Mr. Burandt and the Nybo's should get together and come in with a unified proposal on the two parcels. He stated if nothing is going to happen, as far as development and construction of the office building, then Mr. Burandt is free to treat the parcel with the burned-out structure separately. Mr. Qureshi, City Manager, stated Mr. Burandt was given the same information by staff as was given by the City Attorney. He pointed out Mr. Burandt cannot be tied with the property to the south, under a contract for deed, and still have a building permit for the other parcel. 28? REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 7 Mr. Herrick felt the Nybo proposal for the office building should be dealt with first, and if that develops, none of this other discussion would be necessary; however, if it doesn't develop, then the question on what Mr. Burandt wished to do with the property would have to be considered. MOTION by Councilman Schneider to table this matter and obtain a full report of the situation and alternatives for the next meeting. Seconded by Councilwoman Moses-Martin. Mr. Herrick felt the next time this issue is before the Council, Mr. Burandt, the Nybo's, and Mr. Boardman should be here so all the questions can be dealt with. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 5 CONSIDERATION OF A REQUEST BY FRIDLEY FIREFIGHTERS RELIEF ASSOCIATION TO UPGRADE THEIR PENSION BENEFITS: AND ARESOLUTION NO. 125-1981 IN OPPOSITION TO INTERNAL REVENUE SERVICE REVENUE RULING 81-58: Mr. Charles McKusick, President of the Fridley Firefighters Relief Association, appeared before the Council regarding two changes in its by-laws which the Council must ratify under provision of the Minnesota statutes. Mr. McKusick stated the proposed changes are to increase the monthly base service pension from $192.00 to $200,00, effective January 1, 1981 and to ciiange the post 20 year service credit from the current fixed $4.00 per year to 1/20th of the base service pension. Mr. McKusick stated the changes will not require any tax support from the City, but stated they have a surplus in their fund and did not make any changes until they had the additional funds necessary. Mr. Inman, City Clerk, stated he met with the Fire Relief Association and concurs that both the proposed changes will not place them in an unfunded liability situation. MOTION by Councilman Schneider to concur with the request from the Fridley Firefighters Relief Association regarding two proposed changes in their pension benefits. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Bob Aldrich, Fire Chief, appeared before the Council regarding IRS Ruling 81-58. Mr. Aldrich stated they have some serious concerns about this particular ruling and it would have the potential of placing the fire pension into an unfunded liability situation in the near future. He explained what Ruling 81-58 does appear to remove the exemption on earnings of police and fire relief associations from federal taxation, and asked the Council 's support of the resolution opposing this ruling. MOTION by Councilman Barnette to adopt Resolution No. 125-1981 in Opposition to Internal Revenue Service Revenue Ruling 81-58. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. lyU REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 8 6 CONSIDERATION OF REAPPROVAL OF BROTTLUND ESTATES PROPERTY, 6431 AND 6433 EAST RIVER ROAD, REQUESTED BY J. A. CADWALLADER III, DBA: REALTY WORLD: Mr. Flora, Public Works Director, stated the Brottlund 1st Addition Plat was approved by the Council in 1978 with two stipulations, (1) that there be an additional ten foot easement dedicated along East River Road and; (2) the park fee of $600 be received. Mr. Flora stated there were some problems and the plat was not filed and, again, in 1979 the Council reapproved the plat with the same stipulations. Mr. Flora stated all the necessary items in order to file the plat have now ` been completed and Mr. Brottlund is now requesting approval in order to record the plat. He stated the City has not received the plat indicating the ten foot easement nor the park fee. Mr. Flora pointed out the ordinance was changed in 1981, and the park fee now required is $1,000 per lot, therefore, a determination should be made on the amount to be obtained for the park fee. MOTION by Councilman Fitzpatrick to re-approve Brottlund's 1st Addition, with the stipulation there be an additional ten foot easement dedicated along East River Road and a park fee of $600, as originally approved. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SIGNING JOINT COOPERATION AGREEMENT WITH ANOKA COUNTY, COMMUNITY DEVELOPMENT BLOCK GRANT FOR 1982: Councilman Schneider asked if it was the County's intent to have a task force review the various proposals for the community development block grant funds. Mr. Qureshi, City Manager, stated it is his understanding they will use the same process as previously. MOTION by Councilwoman Moses-Martin to authorize the Mayor and City Manager to enter into this agreement with Anoka County for the Community Development Block Grant Program for 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF CHANGE ORDER NO. 1, WATER AND SEWER PROJECT NO. 134: Mr. Flora, Public Works Director, stated the Fire Department has identified a section of East University Service Drive between 57-1/2 Avenue and 60th Avenue which did not have a fire hydrant to service this commercial area. Mr. Flora requested the Council consider this change order in order to extend a water line and install a fire hydrant at an estimated cost of $4,500. MOTION by Councilman Fitzpatrick to authorize Change Order No. 1 to Sewer and Water Project No. 134 with Bonine Excavating, Inc. in the amount of $4,458.19. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 126-1981 GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY LaMAUR, INC. UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF: Mr. Herrick, City Attorney, stated the resolution presented to the Council j was based on the original request for $3,000,000 in industrial revenue bonds 1 and this amount should be changed to $1,000,000. Also, under Item 4, the name of Piper, Jaffray & Hopwood Incorporated should be striken and Midland National Bank be added in its place. 2A CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 October 6, 1981 TO WHOM IT MAY CONCERN: This is to inform you that the City Council will be taking off the table and discussing a Rezoning Request, ZOA #,80-02, by Ted Burnant, to rezone Part of Lot 3, Auditor' s Subdivision No. 25, (Parcel. 1100) , from R-3 (general multiple family dwellings) to CR-2 (general office and limited business) , generally located at 921 Hillwind Road. Any and all persons desiring to be heard on this matter shall be given an opportunity 6n October 19, 1981 at the City Council meeting which begins at 7:30 p.m. in the Council Chamber at 6431 University Avenue N. E. Sincerely, R OLD L. BOARDMAN City Planner JLB/de 7 C AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THEODORE BURANDT TN;IS AGREEMENT, made and entered into this day of 1981 , by and between the City of Fridley, Anoka County, Minnesota, a Municipal Corporation organized under the laws of the State of Minnesota (hereinafter referred to as the City) and Theodore Burandt, Contract for Deed Purchaser of Parcel 1100, Auditor's Subdivision No. 25 (hereinafter referred to as the owner). WHEREAS; the City has been approached by Nybo, Fehling and Fehling, partnership, to approve the sale of Industrial Revenue Bond for the construction of a 29,000 sq. ft. office building located on Lot 1 , Block 1 , Hillwind Addition, and Parcel 1100, Auditor's Subdivision No 25, and WHEREAS; one of the lots (Parcel 1100, Auditor's Subdivision No. 25) is not properly zoned for the construction of an office building and is the lot which is concerned in this agreement, and WHEREAS; the City has been petitioned by the owner to rezone said property from R-3 (general multiple family dwellings) zoning to CR-1 (general office and limited business) zoning to allow the construction of the project proposed by Nybo, Fehling and Fehling, and, WHEREAS; there is presently existing one structure on the above mentioned lot. NOW THEREFORE, for and in consideration of the mutual covenants herein contained, and after good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged by each of the parties hereto. The City and the owner hereby agree as follows: 1 . The owner understands that the rezoning of the above said property is conditioned on the removal of the structure on said lot and construction of the 29,000 sq. ft. office building as presented by Nybo, Fehling and Fehling, and approved by the City Council ; and 2. The City will guarantee the rezoning of Parcel 1100, Auditor's Subdivision No. 25 to allow the construction of this office building. The actual publication of rezoning will take place after financing for the project has been approved and development documents have been signed by the Developer and the Fridley Housing and Development Authority. Agreement Between the City of Fridley and Theodore Burandt Page 2 In withness whereof, the parties hereto have caused this instrument to be duly executed as of this day and year first above written. CITY OF FRIDLEY Nasim M. Qureshi , City Manager THEODORE BURANDT I. A. T. Gearman, am Fee Owner of aforementioned property, purchased by Theodore Burandt, and am aware of this agreement of rezoning. i E ' 7E Oil ww u A A IrWCiyMM'I/ .�. . . ........ ... .... ....._.1_`!M f--------• --MA i _5645 � *aa.r 1f s.• • is•.a/ .�,.�, (i�J ��fi ` - f;bQ s 980 �Q10 ' LLQ s7O 145 1001 loll.+. ►o 1 0911= 4� ' - J.1 MAP l I ) Ar ar ar ~� ► s Xaa i• � i..w.r i•N�n d's i1,18� E, 5a o " o lAr AF'_ jyjr ffAArm, + Aw 4w de Adw ... ` A t .�. .w ,�/�oo� � 5G5o $ 9401 6A IT MF.Ap I AAWrv# JSPIC ZIER R E 1 Q A ~1�EAL f1.�STAW QSl SSbl* d /0 AD"rA%V AMV Jul . - - - t Z AUD.°LS VISION V " L f '" /BSOJ 9 Ap �l - _ f '•.; x %� _ - yam--��,.,� ---� ras aft mov, map -,*I 040 13 COUNCIL MEETING OF JANUARY 18, 1982 PAGE 3 Mayor Nee asked if the Townhouse Association would oppose removal of the barricade to which the President answered in the affirmative. The President of the Townhouse Association stated they have some concerns and one is that they don't want this replat to cost them anything. He stated another concern is what there plat would do to the bylaws. He stated if it affects only the bylaws, this could be handled by the Association, however, if it affects the convenants, there is the pos- sibility they would have to have approval by 75% of the residents. He explained their attorney is checking now if the replat would affect the covenment. Mr. Ray Cunningham, representing Darrel Farr Corporation, stated, as far as the cost and expense of the replatting, there would be no expense to the Association, and the Darrel Farr Corporation would pay all costs. Mr. Flora stated staff's primary concern is the Fire Department access to the entire street and anything that is satisfactory for the Fire Department and Association and acceptable to the Farr Corporation would satisfy this concern. No other persons in the audience spoke regarding this proposed replat. MOTION by Councilman Schneider to close the public hearing on this replat for Innsbruck North Townhouses. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:12 p. m. The persons present were advised that Council would take action on this replat at the February 1, 1982 Council Meeting. 2 CONTINUED PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF $1,100,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS TO THE RICE CREEK COMPANY UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT MINNESOTA STATUTES, CHAPTER 474 CONTINUED FROM 11/23/81): Mayor Nee reopened this public hearing at 8:12 p. m. Mr. Qureshi, City Manager, stated the applicant attorney has called and indicated they are not able to proceed at this time and wishes the process withdrawn. MOTION by Councilman Schneider to close the public hearing for the issuance of industrial development revenue bonds for the Rice Creek Company. seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p. m. f OLD BUSINESS• 3 CONSIDERATION OF SECOND READING OF ORDINANCE TO AMEND CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS FROM R-3 TO CR-1 ZOA #80-02 1001 HILLWIND ROAD, TED BURANDT, dba; SWING REALTY TABLED FROM COUNCIL MEETING OF 117-23/81): Mr. Flora, Public Works Director, stated this rezoning is directly associated with the Nybo-Fehling proposal to develop Mr. Burandt's property and other property for commercial office space. Mr. Flora stated Mr. Burandt at the November 23, 1981 Council meeting had requested Council action on the rezoning, however, the Council requested he work with Ms. Nybo regarding coordination of the development of the properties. i COUNCIL MEETING OF JANUARY 18, 1982 PAGE 4 Ms. Nybo appeared before the Council and stated her financial advisor had to leave because of a public hearing lin Maple Grove. She stated, however, they have a number of insurance companies interested in financing their building. She stated she felt it is a good project and would be a good addition to the City and they are working towards the successful completion of the project. Mr. Nybo stated they wished some additional time from the City on this, possibly another 60 days. She stated Mr. Burandt is anxious to have something resolved on the project, and they we working as fast as possible to obtain the financing. MOTION by Councilman Schneider to table the second reading of this ordinace until the second Council meeting in March, 1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. (see further discussion later in meeting). NEW BUSINESS• 4 CONSIDERATION OF ORDINANCE AMENDING CHAPTER 11 (SIGNS AND PERMITS) AND CONSIDERATION OF REVISING CHAPTER 220. (RESIDENTIAL MAINTENANCE CODE): Mr. Flora, Public Works Director, stated in August, the Council published a condominium conversion ordinance and specified a license should be obtained for anyone wishing to apply for condominium conversion. He stated the license fees, as well as annual inspection fees, are now being submitted. Mr. Flora stated, if Council approves the ordinance, staff will come back with a rewrite of Chapter 220 to reflect condominium conversions. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with the amendment of Section 217a, subsection (d), to change the $20.00 figure to $50.00. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee C declared the motion carried unanimously. ;) CONSIDERATION OF SPECIAL USE PERMIT, SP #81-10 TO CONTINUE SALES LOT 7625 VIRON ROAD, SUBURBAN HOMES, INC.: Mr. Flora, Public Works Director, stated the property in question is located just south of Osbrone Road and east of Highway 65. He stated a special use permit was issued to this property in 1977 to be renewed within three years. Mr. Flora stated, during this period, the property has changed hands and is under a new operation, and it was determined it should be submitted to the Planning Commission for review. Mr. Flora stated the Planning Commission has recommended approval of the special use permit with five stipulations. Mr. Flora stated he has talked to the operator of the sales lot, as well as the owner, and was advised the owner has sent a letter agreeing to the stipulations recommended by the Planning Commission. Mr. Flora stated Mr. Dave Harris was present at the Planning Commission Meeting and suggested a privacy fence be constructed along the north boundary of the two properties and both property owners share in the cost for construction of this fence. Mr. Flora stated he understands the property owner agrees with construction of the fence and will share in the cost. 1 . - 17 COUNCIL MEETING OF JANUARY 18, 1982 PAGE 7 MR'. BURANDT - RE: REZONING, 1001 HILLWIND ROAD (ZOA #80-02): At this time, Mr. Burandt appeared at the Council meeting and stated he was advised by his wife, who was watching the meeting on Cable Television, that the Council had tabled action on his rezoning request until March. Mr. Burandt asked that the Council consider acting on the rezoning in February instead of March. He felt there wasn't much progress being made with Ms. Nybo's proposal and stated he has another offer regarding the property. Councilman Barnette stated Ms. Nybo advised the Council that her plans for financing would take from 45 to 60 days and based on this information, the matter was tabled to March. Mr. Burandt stated he was told by Ms. Nybo it would take two weeks regarding the financing and requested the Council grant no further extensions of time. He stated he would agree to tabling it to the second meeting in March, but wanted it understood he didn't want it to go beyond that time. 9 RECEIVING BIDS AND AWARDING CONTRACT FOR REPAIR OF WELL NO. 4 (BIDS OPENED 1/8/82): Mr. Flora, Public Works Director, stated bids were received for the repair of Well No. 4 and to clean the well , if it was required. He stated the low bidder was Bergerson-Caswell and recommended the bid be awarded to them. MOTION by Councilman Fitzpatrick to receive the bids for the repair of Well No. 4. t VENDOR BOND TOTAL AMOUNT OF BID STARTING DATE COMPLETION DATE Layne Minnesota i 3147 California NE 5% $24,594.00 Immediate 60 days Mpls, MN 55418 United Pacific Ins. EH Renner & Sons Inc. 6300 Industry Ave NW 5% $24,526.70 1-12-82 3-1-82 Anoka, MN 55303 State Surety Company Keys Well Drilling Co. 413 N Lexington Pkwy. $24,481.00 5 days after award 30-40 days St. Paul, MN 55104 Bergesen Caswell Co. 5115 Industrial St. 5% $21,261.00 14 days 45 days after award Maple Plain, MN 55359 St. Paul Fire & Marine 90 days if new bowl assembly Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to award the bid for repair of Well No. 4 to the low bidder, Bergerson-Caswell. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' 1 ® RESOLUTION N0. 4-1982 AUTHORIZING A STUDY TO DETERMIPJE IF THERE EXISTS IN THE CITY OF FRIDLEY A SIGNIFICANT SHORTAGE OF SUITABLE RENTAL DWELLINGS AVAILABLE TO LOW AND MODERATE INCOME FAMILIES: Councilman Schneider stated the Uniform Condominium Act requires a public hearing be held and he felt, therefore, this should be included in the resolution. COUNCIL MEETING OF JANUARY 18, 1982 PAGE 8 MOTION by Councilman Schneider to adopt Resolution No. 4-1982. Seconded by Councilman Barnette. MOTION by Councilman Schneider to amend the last paragraph of the above resolution, the second line, by inserting the words "and hold a public hearing" after the work "study". Seconded by Councilman Fitzpatrick. Upon avoice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 1 1 RESOLUTION NO. 5-1982 IN OPPOSITION TO COMBINING THE CITY OF MINNEAPOLIS IN A LEGISLATIVE DISTRICT: Councilman Fitzpatrick stated what he recalls is the Council requested a resolution to the effect that Fridley not be divided into two Senate districts. Councilman Schneider stated he doesn't have a problem with the resolution if some language is added to indicate the desire to keep Fridley in one continguous senatorial district. MOTION by Councilman Schneider to adopt Resolution No. 5-1982. Seconded by Councilman Fitzpatrick. MOTION by Councilman Schneider to amend the above resolution by adding the word "and" at the end of the fourth paragraph and the addition of a another paragraph to read as follows: "WHEREAS, the City Council feels the City of Fridley shouldn't be divided into more than one senatorial district," and the further addition of the following words at the end of the last paragraph of the resolution: "and to any redis- tricting plan which divides the City into more than one senatorial district". Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 12 RESOLUTION NO. 6-1982 DETERMINING THE NEED TO CONSTRUCT PUBLIC RECREATIONAL FACILITIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS TO PAY FOR THE SAME AND CALLING AN ELECTION: MOTION by Councilman Barnette to adopt Resolution No. 6-1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. It was called to the attention of staff that Gardena and Riverwood Schools c� should also probably be identified by the other names they are known by. 1 3 RESOLUTION NO. 7-1982 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE FEBRUARY 16, 1982 SPECIAL ELECTION: MOTION by Councilman Fitzpatrick to adopt Resolution No. 7-1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14 RESOLUTION NO. 8-1982 APPROPRIATING MUNICIPAL STATE AID FUNDS TO CSAH PROJECT NO. 02-601-26, SIGNAL EAST RIVER ROAD AND 43RD AVENUE: MOTION by Councilman Schneider to adopt Resolution No. 8-1982. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared 1 .the motion carried unanimously. RESOLUTION NO. 9=1982 RENAMING A PORTION OF ST. 1981-2 STREET IMPROVEMENT PRUEC INTE_RS C ON IM ROVEMNT�fi 73R1) AV�FJlJ1��Nb UTIZVE—R=�1VETI 7D THE ST. 1_9 82 ET I 1P OVEM T-REJECT: MOTION by Councilman Hamernik to adopt Resolution No. 9-1982. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i G2 COUNCIL MEETING OF MARCH 22, 1982 PAGE 10 OLD BUSINESS• 3 CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING CHANGES IN ZONING DISTRICTS FROM R-3 TO CR-1 (ZOA #80-02), 1001 HILLWIND ROAD, TED BURANDT, dba: SWING REALTY TABLED 1/18/82): Mr. Boardman, City Planner, stated an appraisal is being done on the property by the Housing & Redevelopment Authority. Councilman Schneider stated Mr. Burandt, the petitioner for the rezoning, is in agreement with continuing this item to April 19, 1982. MOTION by Councilman Schneider to table the second reading of this ordinance for rezoning application ZOA #82-02 until April 19, 1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. L ORhJNANCE NO. 747 REPEALING OLD CHAPTER 220 OF THE FRIDLEY CITY CODE IN KS ENTIRETY AND ADOPTING NEW CHAPTER 220 ENTITLED RESIDENTIAL RENTAN PROPERTY AND CONDOMINIUM COMMON AREA MAINTENANCE CODE: MOTION,b\Councilman Fitzpatrick to waive the second reading and adopt Ordinann the second reading and order publication. Seconded by Counider. Upon a voice vote, all voting aye, Mayor Nee declarecarried unanimously. NEW BUSRECEIVIVISION COMMISSION MINUTES OF FEBRUARY 18, 1982: MOTION by Councilman\Mting o receive the minutes of the Cable Television Commissiof February 18, 1982. Seconded by Councilman Schneideroice vote, all voting aye, Mayor Nee declared the motunanimously. RECEIVING CABLE TELEISSION MINUTES OF FEBRUARY 25, 1982 AND r� ACONSIDERATION OF A RESOLUTION TO UTHORIZE SOLICITATION OF PROPOSAL FOR RENEWAL OF A CABLE COMMUNICAT NS SYSTEM FROM NORTHERN CABLEVISION, INC.: Mayor Nee asked this item be tabled\andiscussed at the Conference Meeting and brought on the Council' or the April 5, 1982 meeting. MOTION by Councilman Hamernik to taes tem to the April 5, 1982 Council meeting. Seconded by Councilman Fitzp rick. Upon a voice vote, all voting aye, Mayor Nee declared the mo ion carried unanimously. MOTION by Councilman Fitzpatrick to receive the mi tes of the Cable Television Commission Meeting of February 25, 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting e, Mayor Nee declared the motion carried unanimously. i RECEIVING PLANNING COMMISSION MINUTES OF MARCH 10, 1982: The Council received the minutes of the Planning Commission eting of March 10, 1982 and considered the following items: i R A CONSIDERATION OF LOT SPLIT REQUEST L. S. #82-02. TO MAKE A CMLDKBLC LLOT�6530 OAKLEY STREET, MARK ANDERSON: 61 -. . C UNCIL MEETING OF MARCH 22, 1982 PAGE 9 Mr, ureshi, City Manager, stated it has been indicated by the City Attor ey that there is some obligation on the Council 's part to provide access so owners can develop their property as it is zoned, which is current M-1. Mr. Qures i stated, when this matter was before the Planning Commission, he underst od Mr. Doty was going to approach the neighborhood regarding . a proposal hat was reasonably acceptable. He felt Mr. Doty should meet with th neighborhood residents and try to come up with a proposal that is accep able. Mr. Qureshi stated, if the neighborhood feels they want to allow ouble bungalows, with certain restrictions„ the Council has the tools t assure they will be developed as agreed upon. He felt the residents o the area and the owners should be given a chance to work out this problem. Councilman Hamernik stated he wanted the people to understand his position, and in other rezonin cases, he has taken the position he feels it is necessary to have nei hborhood agreement on a rezoning question. Councilman Hamernik stated, base on that position, his recommendation to Council, at this point., would be no to approve the rezoning, but he does have some reservations. He state if the Council denies the rezoning, he is not sure there would be tota agreement of what could go on the property under the current zoning of M-1, He stated the developer could decide to put in a light industrial buildin and the City would have no recourse. He felt there may be ways to come u with an agreement that would allow this property to develop in a way that is satisfactory with most of the residents in the area. Councilman Hamernik suggested a eeting on March 30, 1982 with the residents and the owners to try d come up with an aiternative. Mr. Mike Larson stated he was not are there was a way to tie in a rezoning with a plat, but felt they\COMMIS ng to lose in going along with the meeting. Mr. Qureshi, City Manager, was alsoattend this meeting which will be held March 30, 1982, 7:30 pe City Hall , Community Room I. MOTION by Councilman Hamernik to cos public hearing to April 5, 1982. Seconded by Councilman Schnen a voice vote, all voting aye, Mayor Nee declared the motion animously. 5 CONSIDERATION OF APPOINTMENT TO ENEON TABLED 3/8/82): MOTION by Councilman Hamernik to nominate Bill rdan for appointment to the Energy Commission. Seconded by Councilman B nette. Councilman Hamernik stated Mr. Jordan has indicate an interest in serving on the Energy Commission and Council has hi resume and his qualifications are very impressive in the field of e ergy conservation. Councilman Hamernik stated he believed Mr. Jordan wou d be a good addition to the Energy Commission. MOTION by Councilman Barnette to cast a unanimous ballo for the appointment of Bill Jordan to the Energy Commission. Sec nded by Councilman Schneider. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously. L 1 '� s 104 COUNCIL MEETING OF MAY 17, 1982 PAGE 4 Mr. Harris asked if they were planning to overlay 78th Street under Project 1982-1. Mr. Flora stated this would be done this year and the overlay would not be assessed. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p. m. OLD BUSINESS• 4 ORDINANCE NO. 750 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE BY ADDING SECTION 205.23 ENTITLED S-2 SPECIAL DISTRICT: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 750 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3 ORDINANCE NO. 751 ON REZONING REQUEST ZOA #82-03, TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY AKING A CHANGE I-N ZONIN DISTRICTS S-2 CITY OF FRIDLEY: MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 751 and adopt it. on the second reading and order publication. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5 SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRIC S, ZOA #80-02, 1001 HILLWIND ROAD, TED BURANDT, dba: SWING REALTY: Councilman Schneider stated he understands that Ms. Nybo is not able to complete her requirements, therefore, he has contacted Mr. Burandt who has requested the Council table action on this item for another month. MOTION by Councilman Schneider to table this for one month. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. b CONSIDERATION OF APPOINTMENTS TO HOUSING AND REDEVELOPMENT AUTHORITY AND ENERGY COMMISSION TABLED 2/1/82 AND 5/3/82 : 6 PHOUSING AND REDEVELOPMENT AUTHORITY: Mayor Nee stated he wished to appoint Walter Rassmuson, 7806 Alden Way, to the Housing and Redevelopment Authority. He stated Mr. Rasmussen is President of the Northeast State Bank, and felt he would bring an important financial background to the Housing Authority. MOTION by Councilman Schneider to concur with Mayor Nee's appointment of Walter Rasmussen to the Housing and Redevelopment Authority. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee � cdeclared the motion carried unanimously. "ENERGY COMMISSION: MOTION by Councilman Hamernik to nominate Todd Tessmer, 6980 Channel Road, for appointment to the Energy Commission. Seconded by Councilman I Barnette. There being no further nominations, the nominations were closed by Mayor Nee.