02/06/1978 - 5609PETER FLEMING
ADMINISTRATIVE ASSISTANT
REGULAR COUNCIL MEETING
FEBRUARY 6, 1978
FRIDLEY
GULAR P�1EETI;VG —
PLEDGE OF ALLEGIq��CE:
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PRESE�^JTATIOiU OF AI�ARD:
CITY
=BRUARY
CERTIFICATE OF APPRECIATION:
APPROVAL OF P1IidUTES:
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COUiJCIL
197�7;30 P,
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EDWARD DUNN
�ABLE TELEVISION �OMP1ISSION
PUBLIC HEARIN6 j"�EETING, �ANUARY 16, 1973
REGULAR �OUNCIL ��EETING, .IqNUARY 23, 1978
ADOPTIOiJ OF AGE�VDA:
OPEPJ FORUf1, VISITORS:
��ONSIDERATION OF ITEMS iVOT ON AGENDA - jS 1��1NUTESI
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THE MINUTF.S OF TRE REGL'LAR fAEETING OF TIlE FR1DiEY CITY COUNCIL
OF FEBRUARY 6, 1g78
The Regular Meeting of the Fridley City Council was called to order
at 7:34 p.m. by I+layor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee ted the Council and audience in the�P7edge of q7�eg�ance
to the Flag.
ROLL CALL: �
MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik,
Flayor Nee, Councilman Schneider and Councll_
man Barnette
MEMBERS ABSENT: None
PRESENTATION OF AWARD - EDWARD UUNN:
Mr. Dunn was not present to receive the certificate of a{�preci-
� ation for�his services as a member af the Cable Television Com-
mitsicn. Mayor Nee requested the staff to for��ard this certif-
�; icate to Mr. Dunn with the Counci7's a
' pprec.iation.
.i APPROVAL OF MINUTES:_
i PU6LIC HEARING MEE7ING, JqNUARY 16, 797g;
� MO7IOIJ by Counci7man Namernik to approve the minutes of January
' - 16. 1978 as presented. Seconded by Counci7man Barrtette. Upon a
�, Voice vote, atl voting aye, �4ayor Nee daclared the motion carried
unanimously.
REGULAR COUNCIL MEEiING, JANUARY 23 197g;
MOTION by Councilman Schneider to approve the minutes of January
23, 1478 as presented. Seconded by Councilman Hamernik. Upon a
' Yoice vote, all voting aye, Mayor Nee declared the mution carried
� unanimously,
ADOPiION OF AGENDA:
Mayor Nee requested two items be added: (1) qppo9ntment of a
Naturatist and (2} Consideration of Licenses for the Canterbury
Pu6.
MOTION by Councilman Hamernik to adopt the agenda as amended.
Seconded by Councilman Schneider. Upon a voice vote, a11 yoting
aye, Mayor Nee declared the motion carried unanimousty,
OPEN FORUM, VISITORS:
�� . Mr. Ed Witmes appeared before the Council and advised them that
�. the�Anoka County Mrs. Jaycee's Benefit viiil be held on February
. ��. 25, 1978 at the Anoka Ramsey Community College in Coon Rapids.
He stated the tickets will be selting for $10 each, with the
proceeds�from this�benefit going to tne Islands of Peace Found-
j � ation.
Mr• Wi7mes aiso stated there will be an announcement shortly re-
9arding the sale of firewood which the Coancil authorized the
Islands of Peace Foundatioh to selt, He stated that some of
i the wood has been given to elderty and handicapped persons.
Mayor Nee thanked him for submitting this information to the
Council.
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vote, a71 votiny aye, (qayor Wee declared the motion carried un-
animousiy.
WEW 6USIhJF.SS:-
t4ayor F1ec stated this ordinance {,rould require 6ingo operators
to dnnate a minirnum of 8r of theii� g�-�,,s receipts to lawful
purpose> as set forth ir hiinnesota Statutes, Chapter 3t19:12;
Subdivision 6 and �vculd ciiange the annual liceiise fee to $250
per year and provide for a speciai four day license at a cost
of $25. ,
MOTION by Councilman Hamernik to o-laive the reading and approv?
the ordinance upon first readiny. Seconded by Councilinan Barnette.
Mr. lierrick, City Attorney, felt the minutes should show that
the 8h is the minimum contribution and by contributing this amount,
it doesn t mean the binyo operators can use any surplus monie,
as they choose as they are still governed by ordinances and State
Statutes. Mr. Herrick fe1C this should be understood by the
organizations present, and the Council, so that there isn't any
dispute in the future as to what are their requirements.
UPON A VOICE VOTE TAI;EPI Ot1 THE ABOVF kOTION, a7T voted aye, and
Mayor i;.e declared the motion carried unanimously.
Mr. Sobiech, Public Works Director, stated the,purpose of the
ordinarrce and the inter.t of the code is to review all mainten-
ance of various residential structures in the City, particular2y
those on a rental basis. he stated t6e code allows fo� inspectior.
liJ' ��ty personnel of inechanica7 and physical facilities of res-
idential dweltings in Che City. He stated, if complaints are
received fram citizens, the City will respond and review the
property. He explained the City has the right to process a
compliance order where items are not in compliance with the
code. He felt confident the ordinance will alloti•r the City to
upgrade residential facilities, particularly those that might
have maintenance problems.
ICayor Nee questioned the written enforcement poticy. Mr. Sobiech
stated this would 6e available at the second reading of the or-
dinance.
Mr. A1ex 6arna, 560 liugo Street, asked how a landlord would
determine if his property meets the code.
t1r, Sobiech stated, with the enforcement progi�am, even#vally
�� the City will be visiting alt rental
they would provide netices, through the�City�newsletterdandtlocal
� paper, that the CiCy do�s have this maintenance code
��I� GounciLnan Sclineider questioned the word "or" on Page qF, ltem 7,
Line 2 and fett this should be changed to "and".
MOTION by Councilman Schncider to
. the ordinance upon first readinq.
Upon a voice vote, a11 votiny aye,
� i carried unanimously,
I
waive the reading and approve
Seconded by Councilniar Rarnette.
Mayor Nee declarec( the motion
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REGULAR MEETING OF FEBRUARY 6, 7978 ? PAGE 5
Mr. Feilmeier explained they p7an to spend approxiniately �250,000
for construction of.xne store and.felt it would be something the
residents and community would be proud of.� He pointed out a17
the residents to the east of this site now have to cross University
for their daily grocery needs and w�ith construction of tneir�store,
they would 6e�in walking distance.
Councilman Hanternik questioned what Superamerica representatives
would consider reasonabte operating hours. Mr. Feilmeier stated
6 a.m. to 12 midnight would be accepta6le with�a shorter day.
on Sunday from 7 a.m. to�ll p.m. Ne�felt they are flexible and
the hours of�operation could 6e worked out.
Councilman Hamernik questioned what advertising signs they would
have. Mr. Feilmeier stated they,would adhere to the requirements
of the Ci�ty for outdoor signs,�and as far as �inside signs, they �
wou7dn't plaster their windows with anyone else's signs and what
signs they had would be minimal and in good taste. �� �
Mr. Hogenson* rpresented some photos of their other stores and
stated, basically, this store would be the same as far as sign-
ing.
Councitman Fitzpatrick questioned the number of park-i�ng spaces
required. Mr. Hogenson* stated 15 off-street parking spaces
are required and there are six parking spaces at the islands so
it would take care of a good share of the parking requirements
since a lot of business is done while vehicles are parked re-
ceiving service.
Counci�lman Barnette q,uestioned, if the hours of operation were
cut back, if the persons who s-igned the petition against the
special use permit would be more acceptab.te to this business.
Mr. Carl Paulson stated there are other factors involved, but
felt a 10 p.m. closing would be beneficial to the adjacent
residents.
Mr. 6ordon Jorgenson stated he was speaki�g for persons who tive
in the apartment building whi"ch is immediately adjacent to the
east of this site. He stated he.talked with all the tenants
of his building regarding Superamerica's plan, and they would
prefer not to have the store at all, However, if the hours of
operation�were cut, obviously, jt would be better than an all-
night operation. �
-Councilman Barnette asked if there was a significant difference
in the noise and traffic since the gas station, which was pre-
Viously located on this site, had closed. Mrs. Mathisen stated
there has been a qreat deal of difference since the gas statior
c7osed and further pointed out that this station had not operated
on long hours. She felt the set-up�at this site is not feasible
for�the type of operation proposed by Superamerica.
Mr. Feilmeier stated the Phillips 66 gas station which had ope�--
ated on this site had some old equipment which generated noise.
�Ne�explained the equipment they will be using is electronic and
no noise is involved. He stated any noise would come from vehicles
starting.
Mr. Feilmeier stated he did sympathize with Mrs. Mathisen's
situation and they would do anything to keep their traffic out
of her driveway. �
� �Councilman Hamernik exptained the zoning is correct for the type
of operation proposed by Superamerica, however, the City requires
a speciat use permit, when a gas station is involved. He stated
the Council is in the position of having a request for a special
� use permit, and a petiti�on from area residents and property
owners, that they are not in agreement with this request. He '
- stated, however, it is up to the Councit to substantiate valid �
reasons to deny the special use permit. �
, *As amended 2/27/78 '
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7
REGULAR MEETING OF FEBRUARY 6, 1978
PAGE 7
properties; (5) signing is to be provided on adjoining property
driveways, as recommended by staff; and (6) Lantlscaping, screen-
ing and maintenance to be approved by staff to insure a well-
maintained facitity. Seconded by Councilman Schneider.
Councilman Hamernik questioned if there would be outside s�torage
on the property. Mr.�Fei7meier stated there wou?d be storage
across the front of the building for a distance of 4 feet and
I these items would 6e brought into the store at closing.
t :
Councilman Fitzpatrick stated he has a pro6lem with the parking
and didn't feel they were providing the 15 parking spaces.
Mr. So6iech stated they have 8 additional spaces, besides the
parking in front of the service pumps.
Mr. Qureshi, City T4anager, stated service stations where they
have repair service requires more parking than an operation of
this nature.
Mr. Paulson stated he felt the Council should deny the special
use permit and let the courts settle it.
Councilman Schneider asked Mr. Paulson what he fett should go
on this�commercial property. Mr. Paulson stated there were
several types of businesses such as a doctor's or dentist'S
office or a 1aw office.
Mayor Nee stated that each one of the Council members would
prefer to do what the voters want them to do and the petition
is very convincing, but he pointed out to Mr. Paulson that he
thought he would aiso want them to obey the law. He stated
each Councit member has to make a decision on whether, in their
own mind, they feel a case has been made for denial.
Councilman Hamernik stated he finds it difficult in his own
mind, when you have a free enterprise, to say that someone cannot
go i.nto business in the community when they meet the zoning re-
quirements for this property. ��
Mr. Paulson felt the burden should be on the courts in this case
and leave the Council out of it. He stated�the zoning ordinance
dealing with this is narrow, obsolete and ancient. He felt some
changes should be made first to readjust the zoning ordinance
so the people would be protected.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, at1 voted aye, and
Mayor Nee declared the motion carried unanimously.
COMMUNITY DEVELOPMENT COMMISSION MINUTES OF JANUARY 10 1978•
� DISCON7INUE BIKEWAY/WALKWAY PRDJECT COMMITTEE•
MOTION 6y Councilman Fitzpatrick to concur with the.recommendation
of the Planning Commission to discontinue the Bikeway/Walkway
Project Committee and send a thank you to .the members. Seconded
by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously. .
MOTION 6y Counci7man Schneider to receive the minutes of the Plan-
ning Commission Meeting of January 25, 1978. Seconded by Council-
man Barnette. Upon a voice vote> all voting aye, Mayor Nee de-
clared the motion carried unanimously.
� CONSIUERATION OF ACCEPTANCE DF UTILITIES IN WEST BAVARIAN PASS
� N SBRUCK VILLAGES PLAT•
�� Mr. Sobiech, Public Works Oirector, stated utilities were instalted
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FRIOLEY CITY COUNCIL MEETING
PLEASE SIGN NAME AD�RESS AND ITEM NUMBER INTERESTED IN
NAME
ADDRESS
DATE• february 6, 1978
ITEM NUMBER
-------------------------------------=----------------
------ --------------- ----------- ---____-------------_________-_--------==q
- ------- --'----------
- -------- I
{i` r �.., � �,
c- � G /`/G S � ��uL 2
�o �a x � � � �
` w- � ��s � � � i
� 900 � dY�� e� �r . J I' l
i
��I
OLD BUSIPdESS:
CONSIDERATION OF SECOND READING OF AN ORDINANCE
FOR ZONIN6 ORDINANCE AMENDMENT ZOA #77-05, BY
R,G�E� CORP „ TO REZONE FROM C-2S TO C-1; 7899
EAST RIVER ROAD� � � � � � � , . � � � � � � � �
.,,,,1—lA
0
CONSIDERATION OF EXECUTION OF aGREEMENT BETWEEN
SUNDIAL REALTY COMPANY, EDWIN DROPPS SR� AND
CITY OF FRIDLEY
AND � .
CONSIDERATION OF SECOND READING OF AN ORDINANCE
FOR ZONING ORDINANCE AMENDMENT ZOA #��-O�I, BY
SUNDIAL REALTY COMPANY, FROM R-3 TO CR—l; 961 Ht��—
WIND ROAD N�E�
AND
�ONSIDERATION OF APPROVAL OF �OT $PLIT ��$� �77-14,
SUNDIAL REALTY COMPANY� � � � . . . � � � � � � � .
IdEW BUSI��lESS:
„
,,,2-2G
CONSIDERATION OF FIRST READING OF AN ORDINANCE APIENDING
SECTION Z9 OF THE CITY CODE {�HICH AUTHORIZES THE
ISSUANCE OF BINGO LICENSES TO QUALIFIED ORGANIZATIONS,
PRESCRIBING CONDITIONS THEREFORE, AND PROVIllING PENALTIES
FOR VIOLATIONS THEREOF; AND AMENDING CHAPTER ll,
SECTION II�IO OF THE FRIDLEY CITY CODE RELATING TO FEES, , 3— 3 A
iJE6�J BUSI(�ESS (COfdTI�IUED>
CONSIDERATION OF FIRST �EADIN6 OF AN ORDINANCE
ESTABLISHING CHAPTER ZZO, OF THE FRIDLEY CITY
CODE, ENTITLED RESIDENTIAL �'�AINTENANCE CODE,
AND REPEALING CHAPTER ZO9 ENTITLED P!IULTIPLE
�WELLINGS� � � � � � � � . , � � � � � � � � � � �, r � � , 4 — 4 K
RECEIVING THE �•�1NUTES OF THE PLANNING COMMISSION
I'iEETING OF �ANUARY 25, I9%�� , � , ,' , , , , , , , , , , 5 — 5 FF
1� $UPERAMERICA, SP �'77—17, SC6% UNIVERSITY
AVENUE � � E, • • • • • • • • . . . . . . . . . . . 5 - 5G
PLANNING GOMM. RF OMM NnartnN; DENY & 5AA - 5FF
COUNCIL ACTION REQUIR D: CONSIDERATION OF
RECOMMENDATION; RECEIVE PETITION #2-1978
�
Z, COMMUNITY DEVELOPMENT COPiMISSION i�INUTES OF
�ANUARY 10, 1978: DISCOfJTINUE �IKEWAY� •
�`�ALKWAY PROJECT COMMITTEE• - • • • • • • • . . . . 5 Y
P�NNING COMM. REGOMMFNnATT�N; DISCONTINUE
AND SEND A"THANK YOU" TO THE MEMBERS
GOUNGIL AGTfON REQ IR D: CONSIDERATION OF
RECOMP4EN17ATION
• 1 k
iVEG! BIISINESS (COidTIfdUED)
CONSIDERATION OF ACCEPTANCE OF UTILITIES IN I'�EST
BAVARIAN PASS IN INNSBRUCK VILLAGES PLAT. �,�,,,,, 6— 6 F
CONSIDERATION OF A RESOLUTION AUTHORIZING CHAN6ING
THE I9�% BUDGET APPROPRIATIONS �`�ITHIN THE GENERAL
FUND,,,,,,,,,,,,,,,,,,,�..,,.. 7-7C
CONSIDERATION OF A RESOLUTION OPPOSING fiOUSE FILE
�0� 1%3� RELATING TO DISTRIBUTION OF POLICE $TATE
Ain,,,,,,,,,,,,,,,,,,,,,,,,,,, 8-8J
CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIF1INARY
REPORT AND CALLING A PUBLIC NEARING ON THE MATTER OF
THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET
IMPROVEMENT PROJECT ST, 1978-1, ADDENDUM �`1 ��,,,,, 9— 9 A
�
l�Erl BUSI��ESS (COfJTIfdUED>
CONSIDERATION OF APpROVAL OF TRAILER LICENSE .
APPLICATION FOR ISLANDS OF PEACE� , , , , , , , � �
13 — 13 B
0
APPOINTMENT: CITY EMPLOYEE� , , , , , , � � � � � � � 1�
F �LAIPiS� � � � � � � � . � � , , � � . � � . � . � . � , . 15
�ICENSES� � � � � . � � . , , � � � � . � � , � � , � � . 16
ESTIMATES. � � , . , , , , . � � . � , �. � � � , , , '
17-17G
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274
THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY
16, 1978
I.
The Public Hearing Meeting of the Fridley City Council was catled to order at
7:43 p.m. by Mayor Nee. � .
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. �
ROLL LALL• � �'
MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik,
Mayor Nee, Councilman Schneider and Councilman
Barnette
MEMBERS ABSENT: None
COMMENTS - SENATOR HUMPHREY:
Mayor Nee stated this was the day Senator Hubert Humphrey was laid to rest and
it seemed to him they should not let this date pass without making�some note of
it. Mayor Nee stated.we all knew of Senator Humphrey and his greatness and even� �
thougb sometimes we didn't agree with him politically and philosophically, tbere ;
is no doubt he was a great man. Mayor Nee stated he not only improved the quality ��
of life and politics in Minnesota, but had an effect throughout the world. j
Mayor Nee stated, as far�as�Fridley goes, one event he recalls was when the tornado
struck. He stated Senator Humphrey was Vice-President at that time and came to
Frid7ey to review the problem. Mayor Nee recalled Vice-President Humohrey told us
to get busy on our end and he would talk with�the President and not to worry
that the City would get help. Mayor Nee stated the federal Government came through
and helped the City in many ways. He stated several thousands of people were in-
spired by Humphrey's a•ords that day and those who were discouraged got to work with
some enthusiasm.
Mayor Nee stated Senator Humphrey certainly wi17 be missed.
PRESENTATION OF AWARD:
Mayor Nee presented Mrs. Carroll Kukowski witfi a certificate of appreciation for
her service to the City and�contributions made to the coimnunity.. Mayor Nee and
members of the Council thanked Carroll Kukowski for her services as a member of
the Councit and wished�her well in her future endeavors. Mrs. Kukowski stated she
appreciated working with all the Council and will miss everyrone in Fridley.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by
Counci7man Barnette. �pon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
DONATION:
RECEIVING DONATION FRDM HARRIS LAKE HOMEMAKER'S ASSOCIATION AND PETITION ,97-1978
F R IMPROV NG NEIGHBORH 0� P RK FACILITY:
- �. Ms. Jennifer Prosek, 1681 Camelot Lane N.E., submitted a petition urging the City
�� , Council to develop the area adjacent to and North of Harris Lake into a public
,% ; park. �
I� Ms. Prosek stated the Harris Lake Homemaker's Club voted to make the park the
� � beneficiary of their money making projects. She stated $200 was earned this fall
; from a craft sale which�they wished.to donate to the City at this time to help in
; development of the park.
� I Mayor Nee stated he felt it Nas the first time this had ever happened in the City.
�;,
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276
PUBLIC HEARING MEETING OF dANUARY 76, 1978 PAGE 3
Mr. Sobiech stated there was a question regarding the vacation oF Grand Avenue
and the staff has checked with Anoka County and as noted, one-half has been
designated to Mr. Brottlund's property. Mr. Barry Brottlund then read the ab-
stract of title covering the vacation. �
No persons in the audience spoke for or against this subdivision request.
MOTION by Councilman Fitzpatrick to close the Pu61ic Hearin9. Seconded by
Councilman Barnette.� Upon a voice vote, all voting aye, P1ayor Nee declared
the motion carried unani�usly and the Pubiic Hearing closed at 8:02 p.m.
Mr. Sobiech, Public Works Director indicated Mr. fretag urould be at the meeting
about 8:15 p.m. and asked Council to proceed with the other items until Mr.
Fretag arrived.
PUBLIC HEARING ON ZONING ORDINANCE AMENDMENT ZOA #77-04 BY SUNDIAL REALTY COMPANY,
fROM R- T CR- ; GENERAL Y LOC TEO AT 96 HILLWIIJD RO 6 N.E.: �
MOTION by Councilman Schneider to waive the reading of the Pubtic Hearing notice
and open the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously and the
Public Hearing opened at 8:03 p.m. � � .
Mr. Sobiech, Public Works Director, stated this is a request to rezone property
from R-3 to CR-1 located northeasterly along Hillwind Road to the North of Lynde
Drive. He stated the purpose of the rezoning is to allow development of a real
estate office. �
The Planning Comnission held a public hearing on Decenber 7, 7977 and recomnended
approval of the rezonin9.
Mr. Sobiech stated this parcel is located directly to the south of a plat for
Real Estate 10. He pointed out that, with the rezoning> there is also a lot
split involved, at which time the City would request a portion for easement
purposes to allow for a future roadway. Mr. Sobiech stated, if the building
Sundial Realty is proposing is similar in nature to the Real Estate 10 office,
it would fit into the neighborhood quite well.
Mr. Sobiech explai�ned the reason for the lot split was because this general
area was divided previously in Arroka County, without approval by the City. He
stated the City is attempting to get these matters straightened out and he
presented a legal�description of the lot split and felt it is in line with the
platting ordinance.
Mr. Sobiech stated, at the appropriate time, the City will have to make im-
provement of the roadway. He indicated the City, in the past, has asked devel-
opers to escrow monies for roadway improvements and felt this may be an item
the Council should consider as a stipulation to the rezoning.
Mr. Jim Villella, 5323 Matterhorn Circle, stated it is the intention of Sundial
Realty to build a real� estate office adjacent to Real Estate 10.
Mr. Sobiech presented drawings of the proposed building to be constructed by
Sundial Realty.
Councilman Schneider felt, from a planning viewpoint, it seems there was a
"hodgepodge" in that area with Idausau Homes, apartments, Real Estate l0�and
potentially the Sundial Realty office and also some R-1. .
Mr. Sobiech stated the only�property that isn't zoned multiple is the Real
Estate 10 parcet, and felt this proposed addition would fit in with the area.
i
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..._ . ._.._ ._..__. . _._ . . _ ___ ....... _ _ . . _... .. _ _._ �., . ..
_.. _ .. . .... .. . �`
278
PUBLIC HEAFCING MEETING OF JHNUARY 16, 197a . � PAGE 5
all vating aye, Mayox tiee declared the moti.on carried unanimously and the�PUblic
Hearing opened at 8:33 p.m. �
Mr. Sobiech, Public Works �irector, stated this is a plat.to allow construction
of duplexes in the rortheast quadrant of 73rd and Central Avenues. Ne indicated
this same pazcel of property was under discussion for a townhouse development,
however, it appears more feasible to construction double bungalows. He stated
the final plat would consist of twv blocks for a total of 10 lots. He stated the
lots meet the minimum requirements of the platting ordinance as far as area,
however, one corner lot calls for 80 feet and would have only 78 feet.
Mr. Sobiech sWted the Planning Caomission reconwended appmval of this plat. He ��.
stated the plat calls for a roadway tn be este�ed from 73rd Avenue to the north. -�'..
He�stated the staff felt they would rather see the madway coming off Central I
Avenue to allow for a more feasible development of the remaining commercial '
pmperty. He stated Mr. Fretaq contacted the property owner to the north regarding
this matter, but the property wner was not inclined to get intu any redevelopment
of his property. .
Mr. Sobiech stated he wished � IDake it clear that the developer will be paying all
asses�ents connected with this plat. �
Mr. Sobiech stated Mr. Fretag concurred with easements for future traffic move-
ment at the 73rd Avenue intersection. He also stated Mr. Fretag is aware of the
park fee con�cted with the plat. �
Wuncilman Schneider asked Mr. Fretag if he had plans or drawings for the buildings
Mr. Fretag stated he did not bring the plans with him, but the buildings would
look like single family homes. He stated they will be three bedroom units and
vill have at least a tr3ple caz garage per buildinq. 'The price range is about
$90,000 and he stated six units have already been sold. -
A gentleean.from the audience indicated he would like to be assured all the assess- '
�ments wauld be picked up by the developer. �I
Ha}ror Nee stated the notice he received is a foxm used for all public hearings '�'i
and in sane casea, other Pmperty owners may be affected; however, in this pazticulax �'
plat, the developer will be paying all special assessments for developing the �'�
pzoperty. ��� �
Covncilman Schneider questioned if the City should have an agreement with Mr. Fretag
regazding the assessments.
Mr..SObiech felt this wouldn't be out of line as it has been done in the past.
Counciletan Schneider felt they should Lave such an agreement�before final approval
of the plat.
Cbuncilman Schneider indicated he appreciated Mr. Fretag's cooperation�in developing
tlle property. . �
No persons in the audience spoke for or aqainst this pzopoaed plat.
MOTION by CounciL¢an Schneider to close the Public Hearing. Seconded by Councilsan
Barnette. Upon a voice vote, all voting aye, Mayor Nee declazed the motion carried
unanimously and the Public Heazing-closed at 8:50 p.m.
� M�TION by Wuncilman Schneider to waive the reading of the Public Hearing notice
��� �, . and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote,
iall voting aye, Mayor Nee declared the motion carried unanimously and the Public
i Aeazing opened at &:50 p.m.
� Mr. Bzunsell, City Clerk, stated the Police Department has recoimnended appmval
. ,. of the license and the Fire Inspector and Building Inspection depar4nent have
' submitted comments regarding the building structure. ee stated the license would
� i be iesued to the existing building, the Fireside Rice eowl. Mr. Srunsell pointed
��
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POBISC REARING MEETING OF JANUARY 16, 1978 PAGE 7 ���
Mr. Smith stated they will be signing the contract for the sprinkler systan and
felt the Council had some rnntrnl for the extesior developnent when the license
comes up for renewal. - �
Oouncilman Schneider indicated the applicants have�been in business many years �
in Fridley and felt they would work to make their establishment.more attractive
Mr. Wong stated he wished to work with the Fire Inspection�Department and ffie �
insurance agency to make suze all requiranents aze met on the sprinkler system.. �
He felt it would take about two months to install the sprinkler systa¢ and hoped :�.
the inside work would be done by April so the outside work connected with the �. '�
sprinkler system could then be completed. _, j
M�TION by Councilman Hamernik to amend the motion that the petitioner have his
buildinq up to code by the time of license renewal which is May 1, 1978. Seconded
by Nuncilman Schneider.
Mr. Wong stated once he siqned the contract for the sprinkler system he would
�want it done in 60 days.
UPON A VOICE VOTE TAKEN ON Rt� AMENDMENT TO 7itE MOTION, all voted aye, and Mayor
Nee declared the motion carried unanimously.
Mr. Qureshi, City Manager, confixmed it was his understanding that the applicant
wuld comply with the safety requirements and install the sprinkler syst� and work.
w.ith staff on the landscaping.
t1PON A VOIC� VOTE TAKEN ON 17IE MAIN MOTION, all voted aye; and Mayor Nee declared �
the motion carried unanimously.
QLD BUSI[gSS:
RESOLUTION NO. 9-1978'PRpV2DZNG RED[7(�D SEWEA RATES FOR SENIOR CITIZENS AND HEADS
OF HOUSEFIOLL6 LIVING ON DISABILITY PpY (TABLED 1/9/78)•
Counci]san Schneider indicated he did not wish to appear he was againat reduced
rates for disabled persons, but aas concerned about the definition.
Hr. Aerrick, City Attorney, felt a person must show they qualify for disability
P3yments under social security or similaz disability pay.
Mr. Brunsell, City Clerk, stated the inc�e level would also have to be less than
$7,000 per yeaz in order to quali£y.
Councilman Schneider questioned if there would be a problem as to how this is
classified.
Mr. Bxunsell stated, fxom the standpoint of ineeting the requinements of the Gletro-
politan Wazte Control Coffinission, as lo� as the City reviews the rates to see
that persons are paying. their pmportionate s}�aze, he didn't feel there would be
a problm.
Mr. Herrick, City Attorney, did not see any problems £mm a legal standpoint, as
lonq as the City had the require�ent regazding the limitation of income.
Dr. Cazl Heggestad felt this resolution should be connected with the rate of in-
flation.
', Mr. Bxunsell ctated it was the City's intention to review this at the end of 1978,
i and the income figure could also be taken into consideration at that time.
� I MOTION by Councilman Schneider to adopt Resolution �No. 9-1978. Sewnded by
Councilman Fitzpatrick. opon a voice vote, all voting aye, Mayor Nee declared
' the motion carried unanimously.
� � AWWRNM6NT:
ti �. MOTION by Councilman Schneider to adjourn the meetinq. Seconded by Councilman
Ramernik. Upon a voice vote, all voting aye, MayOr Nee declared the motion carried
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THE MINUTES OF TNE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL Of JANUARY 23, 7978
The Re9ular Meeting of the Fridley City Council was called to order at 7:30 p.m.
by Mayor Nee. .
PLEDGE OF ALLEGIANCE:
Mayar Nee led the Councit and audience in the Pledge of A1legiance ta the Flag.
ROLL CALL:
MEMBERS PRESENT: Councilman Barnette, Councilman Schneider, Mayor Nee,
Councilman Namernik and Councilman Fitzpatrick
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
RE6ULAR MEETING, JANUARY 9, 1978:
Councilman Schneider requested a correction on Page 3, the�fourth paragraph
from the bottom of the page by changing the word "Council" to "General" and
adding the words "as budgeted" after the word "fund".
MOTION by Councilman Schneider to approve the minutes as amended. Seconded by
Councilman Barnette. Upon a voice vote> all voting aye, Mayor Nee declared the
motion carried unanimously.
«nLblltIlV1Y. W.R. �I1HLIf JIHKWH�I - JU6Uttf5HIY KHIC HU111VKllf'
Mayor Nee stated a certificate of appreciation was to be presented to hir. Wa]t
Starwalt for his services on the Suburban Rate Authority, however, he was un-
able to attend the meeting and requested this certificate be forwarded to him.
Mr. Lyte Haney, State Chairman of the Municipal Finance Officers Association,
appeared before the Council to present a Certificate of Conformance for 1976
Financial Statements. He stated this certificate is the highest recognition
avaitable for financial recording in municipalities and that the City's financial
statements for 1976 have met the high standards in order to receive this certificate.
Mayor.Nee extended congratulatians to Mr. Brunsell and the City Manager for
earning this certificate.
Mr. Haney also presented Marv Brunsell with an award for financial achievement.
He stated this distinction has been earned only 14 times in the State of Minn-
esota and it was a great honor to make this presentation.
Mr. Brunsell extended thanks to his staff for their help and stated he apprec-
iated the Municipal Finance Officers Association and the Certified Pubiic
Accountants providing the funds to set standards so that cities can strive to
meet these.
Mayor Nee thanked Mr. Haney for caning this evening and making the presenta-
tions.
AOOPTION OF AGENDA:
a MOTION by Councilman Hamernik to adopt the agenda as presented. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
. OPEN�FORUM, VISITORS: � �
� � ihere was no response from the audience under this item of business.
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RE6ULAR MEETING OF JANUARY 23, 1978 PAGE 3
MOTION by Councilman Fibpatrick to waive the reading and apnrove the ordinance
upon�first reading. Seconded by Councilman Hamernik. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF FIRST READIM1G OF AN OR�INANCE FOR ZOWIYG ORDINANCE AMENDMENT �'
ZOA N77-04 BY SUNDIAL REALTY COMPANY� FROM R-3 TO CR-1, GEWERALLY LOCATED AT ��
961 HILLLlIND ROAD N.E.: � ;
Mr. Sobiech, Public Works Director, stated this is a request by Sundial Realty '
to rezone property from R-3 to CR-1. He stzted a public hearing was held �
last week and�there w?re no objections from the general public.
Mr. Sobiech stated several items were discusseA at the public hearin9 including
the park fee and at tfie time of second reading, the Council would consider
approval of a lot split. Mr. Sobiech stated the park fee woutd be $380.
Mather item Ciscussed was the potential extension of Polk Street and the City
would reauire the easement and funds to be escrowed for this extension. Mr.
Sobiech stated the estimated cost to Sundial Realty for this extension would
be about $2,350.
Mr. Sobiech stated there was also discussion that there should be no variances
to the existino Sinn Ordinance and he stated, before second reading of the
ordinance, staff coul�d have these stipulations in agreement form.
Councilman Schneider asked if Sundial Realty would be the sole ocr_upants of
the building. �
Mr. James Villella stated, at this point, they vrould be the sole occupants, but
they do have some area in the basement that if it wasn't eventual}y used .
for expansion, they would seek to make some use of this area and rent it
to someone that ?s compatible with th? real estate business.
Councilman Schneider asked if they would have problems with an agreement to
the effect that the building eaould be used only for real estate or a similar
low volume office use now and in the future. �
Mr. Villella felt this would just be another restriction on their business.
Mr. Herrick, City Attorney, pointed out that Sundial is requesting a zoning �,�
change and there are contractual and conditional rezonings where a contract . �
could be entered into by the petitioner and the City to where the use of the � �
building would be restricted to low volume comnercial use. He stated this �
would exclude certain types of uses permitted in a general comnercial area.as �
there are a number of uses normally permitted sn comrnercial area that the City I
would not want at this location. �
Mr. Yillella felt this would be accr.ptable as long as it wasn't t0o restrictive.
Mr, Herrick felt the details could be worked out.regarding�the uses.
� MOTION by Councilman Schneider to waive the reading and approve the ordinance �'
upon first reading, with the stipulations that the petitioner pay the park fee
� � of q380; the petitioner agrees to provide ea<ements for the proposed Polk
Street extension and when it is appropriate for the road to be completed, �
- � aarees to pay one-half r.he cost 6ased on the footage of his property; petitioner �. �
agrees not� to request any variances to the existinq Sian Ordinance; petitioner
� � agrees th�t the building to be constructed would be su6stantially the same as �,
'. the building plans that were ;resented; and petitioner agrees to enter into a '
contract, to be drawn by the City Attorney, with regard to present aod future
�i � use of ihe land restricting it to real estate rypes of operation, Seconded ��,
� � by Councilman Hamernik.
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REGULAR MEETING OF JANUARY 23, 1978
PAGE 5
time. Mr. Brottlund also stated he intended to remove the gara9e on the
property.
UPON A YOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
Mr. Sobiech, Public Works Director, stated a public hearing regarding this
plat was held last week and, based on comnents from that meeting, an agree-
ment was written which indicates certain ctipulations to the final plat
approval.. He stated these have been a9reed upon by the owner and potential
developer.� He stated the agreement indicates that the owner and developer
agree to plat the property into 10 lots with two family dwellings on each
lot. A17 utilities will be constructed and oaid for by the developer and
owner, with the�Ctty approving th? plans and�specifications. Petitioner
also understands there is an engineering escrow required to cover costs
associated with reviewing the plans and�specifications and providing in-
spection of construction. There will be a park fee in the artwunt of $300 �
per lot and a 15 foot easement will be dedicated to the City for street pur-
poses, adjacent to 73rd Avenue. He stated the developer and owner recognize
that the property linr between the proposed street and east line of the plat �
be dedicated to the property owner to the east to insure there is prop?r
setback and with th? dedicatior, it witl be properly 9raded and sodded.
MOTIDN by Councilman Schneider to approve the final plat for subdivision
P.5..977-07, Evert's Addition ar.d approve the proposed agreement. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee de-
ctared the motion carried unanimously. ...
CONSIDERATION OF A REQUEST FOR APPR(1VAL OF EASEI4ENT ENCRDACHI4ENT�BY DaVERNE
CORPORA?ION, FOR 5467 EAST DANUBE ROAD:
Mr. Sobiech, Public Works Director, stated this is a request to approve an
encroacMnent into an existing drainage and utility easement. Mr. Sobiech
stated the front corner of the garage encroaches 2.2 feet and the back corner
encroaches .6 feet into the draina9e and utility easement.
Mr. Sobiech stated !he utility companies have no objec*ion to this encroach-
ment, and the staff alsa has no objection, as there is still adequate space
in the remaining easement to allow for any grading that would be necessary
to provide proper drainage.
MO7ION by Councilman Schneider to approve the easement encroachment requesteA
by DaYerne Corporation for 5467 East Danube Road. Seconded 6y Councilman
Namernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
RECESYING THE MTNUT'cS�OF THE PLANNING COMMISSION MEETING OF JANUARY 1T, 1978:
SPECIAL USE�PERMIT SP. H77-76, dAMES DOWDS - 57 37TH AVENUE N.E.:
Mr. Sobiech, Public Works Director, stated the petitioner intends to expand
their operation to what was previously the Dunkley Surfacing Company yard.
i� ��. � He sWted the Planning Comnission recomnended.approval of this special use
- �permit with some stipulations. One of rhe stipulaCions was ihat all customer
� parkina be within the fenced area and apnropriate signing to direct them to
�.the�parking site. Pnother stipulation was that the� petitioner work�with the
'�� staff.to further landscape the area to make it as attractive as possible.
�� � Since the Planning Comnission meeting, Mr. Sohiech felt it would help to
�. �control the parking, if curbing was installed with appropriate driveway en-
,� . � � trances on 37th Avenue. �
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REGULAR 14EETIN6 OF JANUARY 23, 7978 PAGE 7
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�'�- Councilman Schneider stated he has talked with persons who appeared at the
Appeals Comnission meeting and apparently, they are satisified with the plans
Mr. Beckler presented.
Councilman Schneider asked, if the triangular piece of property the Highway
Department has easement rights to would be noted to the purchaser of this
property.
Mr. Beckter stated the piece is there for the purchaser of the property to �
use, but not to own.
Councilman Schneider stated his concern is that a buyer may not have a title
search a�d think this piece af property is his front yard.
Mr. Beckler stated it would show in the survey where the iines are, but felt
Councilman Schneider had a good point in having a prospective buyer realize
they don't own that piece of property, but have access.
Mr. Herrick. City Attorney, felt a mortgage company would require a survey
and felt a prospective buyer would see a copy of the survey.
MOTION by Councilman Schneider to concur with the recommendation of the Appeals
Comnission and grant the variances from the front yard setback of 59.25 feet
to 35 feet and the variance for the side yard setback on the street side of
a corner lot from 77.5 feet to 5 feet. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
D W. HARSTAD 7891 HICKORY STREET N.E.:
Mr. So6iech, Public Works Director, stated this is a request for a variance
to allow off-street parking with "0" feet of the lot line> instead of the
required 5 feet.
He stated the Appeals Commission heard the item on December 27, 1977 and
recommended approval. Mr. Sobiech stated he felt the plan would fit in with
the overall development of the area. He stated what is proposed is the
construction of a single building which would be on the "0" lot line, with
a future proposal to abut a building to the South. He stated, when the
total plan is complete, there will be four individual structures, but they
wilt be abutting each other. _
� Mr. Sobiech stated�the variance request is associated with parkin9 off the
j� existing�atley.or existing industrial properties on the east side of the
alley.
� Councilman Hamernik asked if there would be any problems with snow removal,
if the variance were granted.
Mr. SobSech felt the variance should probably be 9ranted with the knowledge
j that there might perhaps be snow storage on the petitioner's property.
MOTION by Councilman Hamernik to concur with the �ecomnendation of the Appeals
Comnission and grant the variance request to reduce the lot line to "0"
feet, instead.of the�required 5 feet to allow off-street parking, with the
stipulation that the petitioner agree to accept snow that the City plows from
the area. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the Planning
' � Comnission Meeting of January 11, 1978. Seconded by Councilman Hamernik.
Upon.a voice vote, all voting�aye, Mayor Nee declared the motion carried
1 unanimously. �
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RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF_NOVEMBER 15, 7977:
� � HOTION by Councilman Hamernik to receive the minutes of the Charter Commission
� Fteeting of November 15, 1977. Seconded by Councilman Barnette. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
RECI
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REGULAR MEETING OF JANUARY 23, 1978
PAGE 9
He felt, in this case, there was direct erosion caused by the culvert and for
this reason, felt�the City should expend funds to change the effect of the
Nater running through� the culvert. He felt there may be similar situations
in the City where money may.have to be expended and suggested perhaps the
Council or a future Councii� may have to levy some additional City-wide ex- �
penditure in order to make some improvements in the str2ams that serve as
an outlet for the City's underground storm water system. Ne stated he would
be particularly concerned about those locations where water flows with a
force onto private property. �
Councilman Barnette felt the City has some responsibility to the proDerty
owner 6ecause it is a City culvert that is causing the damage.
Mayor Nee stated, in this case, the house was built as a condition of the
Cityissuing the variance.
Mr. Qureshi stated it is all river bank in the area and there is no creek
bank.
Mayor Nee fe1t, if the City hadn't issued the variance to allow the house
to be constructed, there vrouldn't be a.problem.
Mr. Yogel, attorney representing Mr, and l4rs. White, stated Mr. Sobiech's
professional opinion is that the culvert is misplaced which means the City
has undertaken some activity that directs the creek, which is not a normal
flow. Regarding erosi�on control, he stated there isn't any evidence which .
indicates it includes the creek bed. He stated the culvert is misplaced
so the City has liability.
I Mr. Qureshi questioned how the culvert was installed improperty.
t
�� Mr. Sobiech stated�he fett it wasn't in alignment with the creek bed, but
. didn't know if the culvert was put in by the City or the developer.-
�� Mr. White stated the variance they received had nothing to do with Lity
�, regulations, but was a requirement from the State. �
� Mayor Nee stated the culvert has been there for 25 years and asked if the
.. Whites.would be willing to split the cost with the Lity. �
Mr. Yogel pointed out there was money expended by the Whites for erosion
control to protect their property, but because of the culvert that control
1�� � measure was destroyed. Mr. Vogel felt it was the responsibility of the City
1 to roake the correction so that the erosion control efforts the Whites under-
take rrill be effective.
��' Mayor Nee asked Mr. Herrick how many vutes it would take to pass the motion.
� Mr. Herrick stated, since it is a vote to expend funds, it would take 4
affirmative votes of the Council.
UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman Barnette,
Louncilman Schneider and Councilman Fitzpatrick voted in favor. Mayor Nee
and Councilman Hamernik voted against the motion. Mayor Nee declared the
motion failed by a 3 to 2 vote.
....�...��..nr.nu nr n ocrn�cc7 nv TuC rvrrn rv _1aVCFFS TO SPONSOR A SOFTBALL
Mr. Richard Young appeared before the Councit re9arding his request for the
Fridley Jaycees to sponsor a softball tournament, Softball in the Snow, .
on February 18, 1978.
He requested the use of Commons Park and licenses�to sell food and 6eer and
asked that the license fees be waived. He further requested a waiver of the
requirement to have a police officer on the grounds. He felt this would
not be needed because af the size of the tournament which will be only 10 �
teams.
MOTION by Councilman Hamernik to grant the request from the Fridley Jaycees
for a softball tournament on February 18, 1978 at Comnons Park and waive the
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REGULAR MEETING OF JANUARY 23> 7978
PAGE 17
Councilman Fitzpatrick questioned the effect this resolution would have if it was
adopted. Mr. Boardman statea he didn't know if it would have a lot of effect since
it seems the Department of hdusing and Urban Development has already received
direction regarding the Cortmunity Development Block grants.
The Council did not take any action on the resolution.
RECEIVING RESIGNATION OF EDWARD DUNN FROM LABLE TELEVISION COMMISSION:
MOTION by Councilman Hamernik to receive the resignation.of Edward Dunn from the
Cab7e Television Comnission. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye> Mayor Nee declared the motion carried unanimously.
Mr. Qureshi, City Planager, questioned when the Council would like to have the
matte� of Commission appointments on the agenda. The Council agreed to have
this item ptaced on the agenda for the February 27, 1978 meeting. . �
Councilman Schneider suggested some publicity in the Sun Newspaper regarding ar�y
Comnission vacancies.
Mayor Nee suggested the Council consider not voting on the appointments the same
evening as nominations are made. Councilman Hamernik felt there may be a problem
where a person is considered for more than one appointment.
CLAIMS:
MOTION by Councilman Fitzpatrick to authorize payment�of Claims No. 359P06 through
365X01 and Claims No. O10A30 through 018938. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
LICENSES:
110TIONby Councilman Hamernik to approve the licenses as submitted and as on file
in the License Clerk's Office. Seconded by Councilman.Barnette. The motion carried.
Councilman Hamernik questioned the solicitor's license and was concerned if
residents would feel this was endorsed by the City. Mr. Brunsell, City Clerk,
stated that under the present ordinance you cannot deny anyone a solicitor's
7icense. He stated the fact they have a solicitor'S license does not mean the
City or Council endorses them. He explained it really is a registration to let
the Police Department know who is soliciting in the City.
Mr. Herrick, Lity Attorr�ey, stated he would do some further checking regarding
solicitations, but didn't�feel the City could effectively prevent it.
ESTIMATES:
MOTION by Councilman Schendier to approve the estimates as submitted. Seconded by
Councilman Hamernik. Ilpon a voice vote, all voting aye, Mayor Nee declared the
motion carried.
Smith Juster, Feikema, Chartered
1250 Builders Exchange Building
Minneapolis, Minnesota 55402 �
For.Legat Services Rendered as Prosecutor dur9ng December, 1977 $2,060.00
Weaver, Tai7e & Herrick
6279 University Avenue N.E.
Fridley, Minnesota 55432
for legal Services Rendered as City Attorney during
�ecember, 1977
�
$1,507.70
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I 1
ORDINANCE N0. '
AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF
FRIDLEY, MINNESOTA BY MAKIN6 A CHANGE IN ZONIN6
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:
Lot 1, Btock 1, Pearson's First Addition, lying in
the South Half of Section 3, T-30, R-24, City of
Fridley, County of Anoka, �linnesota,
Is hereby designated to be in the Zoned District
known as C-1 (local business areas).
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 C-2S (general
shopping ereas) to C-1 (local business areas).
PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1978.
MAYOR - WILLIAr� J. NEE
ATTEST:
CITY CLERK - MARVIN C. BRUNSELL
Public Hearing: January 16, 1978
First Reading: ;Ta„y,.,.�,�� �q�g
Second Reading:
Publish.......:
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AGREEDfENT
P�
Sundial Realty Inc./Edwin Dropps, Sr./City of Fridiey .
TNIS AGREEh�NT made and entered into tfiis _�day of �(�, 1978
by and between Edwin Dropps, Sr., hereinafter called the "Owner", Sundial
Realty Inc., hereinafter called the "Developer" and the City of Fridley,
a municipal corporation of the State of hlinnesota, hereinafter called the
uCityn
WNEREAS, the Owner and Developer have petitioned the City to rezone the
following described property from the present R-3 (multiple dwelling) zoning
ciassification to CR-1 (general office and limited business) zoning classi-
fication:
That part of the North 80 feet of Lot 6, Auditor's Subdivision No.25
lying Easterly of the Northeasterly right-of-way line of the Outer Drive
of the State Trunk Highway #65, and West of a line 1253.20 feet West
of tlie East line of said Lot 6, as measured at right angles to and parallel
with the East line of said Lot 6, lying in the South Half of Section 24,
T-3o, R-24, City of Fridley, County of Moka, Minnesota.
WHEREAS, the City finds that the rezoning of the previously descriUed pro-
perty to a CR-1 zoning classification will be in the public interest, welfare
and convenience to the people of the City of Fridley if the Owner and Developer
agree in advance to certain conditions and standards.
NOW, THEREFORE, BE IT AGREED AS FOLLO{dS: That in consideration of approval
of the rezoning request the Owner and Developer, their successors and
assigns, do hereby covenant and agree as follows:
1. To limit the use of the rezoned property to the principal uses for
CR-1 zoning classification noted in the City of Fridley Zoning Ordinance.
llses requiring special use permits shall not be requested by the Owner.
or Developer or their successors or assigns and said special use permits
will not be issued by the City.
2. To develop the property as shown in the plans submitted to the City
entitled "Proposed Office Building, Sundial Realty Inc., Fridley,
Minnesota" dated November 9, 1977. The City will permit minor variations
in said plans upon petition filed by the Owner and Developer.
3. To install permitted signs in CR-1 zoning classification according
to the City of Fridley Sign Ordinance. No request for variances will be
permitted.
4. To pay a park fee in the amount of Three Hundred Eighty Dollars
($380). .
�
2A
Agreement -2-
Sundial Realty/Dropps/Fridley
5. To dedicate to the City an easement for street and utility purposes
which would allow for the future extension of Polk Street adjacent to the
rezoned property, described as follows:
Beginning at the Northeast corner of that part of the North 80 feet of
Lot 6, Auditor's Subdivision No. 25, lying Easterly of the Northeasterly
right-of-way line of the Outer Drive of the State Trunk Highway No. 65,
and West of a line 1253.20 feet West of the East line of said Lot 6, as
measured at right angles to and parallel with, the East line of said
Lot 6; thence South along said parallel line a distance of 53.25 feet;
thence deflect to the right in a Northeasterly direction to its point of
intersection witli the North line of said Lot 6, said point being 77.76 .
feet IPest of the beginning point; thence East along the North line of
said Lot 6, to the point of beginning.
6. To pay special assessments levied by the City according to estab-
lished assessment policy, against the rezoned property which result from
the future street improvement.
Agreement _3_
Sundial Realty/Dropps/Fridiey
IT IS MUTUALLY AGREED that the provisions of this agreement shall be binding
upon and enforceable against the parties hereto, their successors and assigns
and all subsequent owners of the property here described. An executed copy
of this Agreement shall be filed with tne Moka County Registrar of Deeds and
made a`part of and be binding upon tlie above described property.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
day of , 1978.
This instrwnent drafted by:
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
Mayor - William J. Nee
Ci;y of Fridley
(Seal)
City Manager - Nasim M. Qureshi
City of Fridley
State of Minnesota)
) ss
County of Anoka )
zs
On this day of , 1978, before me, a Notary Public within
and for said County, personally appeared William J. Nee and Nasim AI. Qureshi,
to me personally known, who be.ing each by me duly sworn they did say that they
are respectively the Mayor and the City Manager of the City of Fridley, the
municipal corporation named in the £oregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said municipal corporation,
and said William J. Nee and Nasim hi. Qureshi acknowledged said instrument to
be the free act and deed of said municipal corporation.
Notary Public
Agreement -4-
Sundial Realty/Dropps/Fridley
i
�� �i ��..�� � ,.�
. � ... • � a
State of Minnesota) ..
) ss
County of Anoka )
zc
On this � day of �! , 1978, before me, a Notary Public within
and for the Co�nty of Anoka and tue State of Minnesota, personally appeared
Edwin Dropps, 9r., to me known to be the same person described in and who
executed the foregoing instrument, and acknowledged that he executed the same
as his free act and deed. �"��
� /
,���C �L,C?y crr/lr�.,
Notary P lic �/
. RAY A. JOHNSON
. :lotary PuGlic, Hennepin County, �71r..^.,
Ny Cnmmission F�cpires Feb. 22, 3+x'9s�%7/r
. �^Q
�
\ - ��� .
��
incent Vil�]la - President
Sundial Realty, Inc.- Developer
State of Minnesota)
) ss
County of Anoka )
On this 3 day of � , 1978, before me, a Notary Pubiic within
and for said County, personally appeared Vincent VilTela to me personally
known, who, being duly sworn did say that he is President of the corporation
named in the foregoing instrument, and that said instrument was signed in
behalf of said corporation by authority of its Board of Directors and said
Vincent Villela, President, acknowledged said instrument to be the free act and
deed of said coxporation. ��'///���///�ff `•
/!�A
? �/
� /�CGL� �j }tl�✓�r..
Notary Pt7blic � gAY A. JoHNSON
� . � 'Jatary Pub�is. Henr.ePin County. M1ifr^.
� � .Vy Commission Expires Feb. 22. i9� J��f �.
iy�y �
�2D
ORUINANCE N0.
AN ORDINANCE TO AP4END THE CITY CODE OF THE CITY OF
FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING
DISTRICTS
The Council of the City of Fridtey do ordain as follows:
SECTION 1. Appendix 0 of the City Code of fridtey is amended as
hereinafter indicated.
SECTION 2. The iract or area within the County of Anoka and the
City of Fridley and described as;
That part of the North 80 feet of Lot 6, Auditor's
Subdivision No. 25, lying Easterly of the Northeasterly
right-of-way line of the Outer Drive of the State
Truck Highway #65, and West of a line 1253.20 feet
West of the East line of said Lot 6, as measured
at right angles to and parallel with the East line
of said Lot 6, lying in the South Half of.Section
24, T-30, R-30, City of Fridley, County of Anoka,
Minnesota.
Is hereby designated to be in the Zoned District known
as CR-1 (general offices and limited businesses).
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 offices and limited
businesses).
PASSEO BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1973.
MAYOR - WILLIAM J. NEE
ATTEST:
�3ii'Lil��l3, E1e13�iiR�l�3:i�l�F��w�
Public Hearing: January 16, 1978
first Reading: ,Ta,,,,a,,,T�y iQ�A
Second Reading•
Publish........
!�
1'1,
,; t
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Mr. Oquist a�reed that the eiact plan cannot be "ninned�� dorrn.
ile ca.id that �one fle•r.ibility doec have to be alloe:ed. IIe
ciid indicate that he didn't r�ant to �ee any more apartment
building: Eoing into the area; therefore, he r�as More in
favor of having the real estate office. T•tr. Oquist said that
the notion �•i�.s really only tyin� Tir. Villella dor�n to a
cimil�,r-type st:ucture.
Chairperson Iiarris indicatecl that Mr. Villella had best find
out if he e�ould be able to build the building. He felt it
wAS that point in time for t4r. Villella.
rir, Villellz. s�id th:�t they had done sone of the prelininary
rtorlc for the buildin�, He said that it r:as tied do�:�n as much
as possible, He said that until the ;3uildin� Fernit sras t�en
out and the bank put a mortgage on the building, anythino
could happen. He said that they i�tere not 100;o sure that that
exact building e�ould be constructeci on that lot.
Mr, Vince Villella of 3625
the stinulation rras out of
restrictions enough on the
Ed���ard Street NE said he felt that
line. He said that there rrere
CR-1 Zone.
Mr. Vince Villella said that he understood the motion to say
that they cior.�t aetua115� get the rezonin� until the Euilcling
Peri�it is applied for. He sail that if that �:ras the case,
i;hen they �•rere back to the original problem. He said that they
could not close on the lot until they get the rezonin�; they
cannot get the rezoning until tiiey appl;- for a builcling permit,
that cannot be issued to the� unless they orm the lot.
ChairPerson Harris said that the motion uas the feeling of the
Planning Cor�mission. He said that if Sundial Realty had
different feelings about the r�otion, then they should bring
it to the attention of the City Council since this ctas only
a recommendation to City Council.
UPON A VOICE VOTE, all voting aye, the motion carried unanimously.
The amended motion r�as approved at 8:58 P.M. _�
2.
y:;,v :v , 25� AS D�SCRIB�D IN Ti
TFI� SAt•I� Br,ING 961 HILLi'/IPID I,'OAD N.�,.
S_ ;;`77-1
SUn'nIAL
RL2IILST,
MOTIOId by 14r. Lan�enfeld, seconded by Mr. Storla, to approve
the reque:,t for Lot :;plit, L,S, ;�77-14, by �unc�ial Realty
Company; �plit off that part of Lot 6� Auditor'� ;ubdivision
I•Io. 25, as deacribed in rezonin� reRucst, the �ame being
9G1 Hillrrind Road IdE t•fith tne stipulation that there be a
dedication of the right-of r��.y and the er.ten�ion of services.
Upon a voice vote, Storla, Oquist, IIarris, Langenfeld voting
aye; Schnabel voting nay; tne motion carried at 9:00 P.P4.
3.
FI�AP,I'idG: R:�iJ^ST P'OR A S,PECIl1I,
rzLr�
rnwc.a.�ti,u 1�t;vt'—Ul�l� �UU'_ii� Y=:ii 1�RI7L:Y CITY COD��
SECTIOPd 205. 101 � 3� ( I) , TO EE LOC6T'LD IPi TII� P11RY.IriG
LOT� '�IIIICH IS PAPT OF LOT 13� AUDITOR'S SUT3DIVISIO:V
I��. � 55, TIi� SP�1; BEII?G 250 57th AVEi�:U ; ti, �,
MOTIOPT by fir, Lan�enfeld, seconded by r1r. Oquist, to open
the Public Hearing. Upon a voice vote� all voting aye, the
motion carried unanimously. The Public Iiearing e�as opened
at 9:01 p,l�i,
Mr. Boardman explained that Holiday Village North lvanted to
move their film shop outside to the parkirig lot, He said
that there had been a stipulation on the lot that no outside
lease operation could be granted, He indicated, that the
request ti��as not a lease operation. He said that it y�ould be
ovrned and operated by Holiday slillage, He said that it vrould
be a pick-up/drop-off type operation in a booth in the parking
lot,
Mr, Oquist asked if it i�rould be permitted as long as it L�as
a Holiday Village Photo Shop,
Mr. Boardman said that r�nen th
it ti��as a lease operation, He
Council alloe:ed that business,
other outside lease operation
that they had made it a point
e Trailor Operation rrent in,
said that at the time the City
it put a stipulation that no
rrould be permitted, He said
to stipulate a lease operation.
Mr, Oquist asked if the booth �aould be attended,
A4r, Bradley Steinman representing Holiday Village North
said that it lvould be attended approximately 9:00 A.M, until
7:00 P,M.
rSr. Langenfeld asked if this operation rrould add further to
the traffic problem already existent at the Holiday Village
P'orth rtore.
Fir. Boardman said that the traffic problem r�ould be no more
than it ��as presently,
Air. Steinman said thut the booth r;ould b�isically be for the
sale and developing of film. He said that the trend tivas to
be �ble to pick up your film ri�;ht fram your cnr.
2G
ORDINANCE N0.
AN ORDINAPlCE AME�VDING SECTIOIJ 29 OF THE CITY CODE WHICH AUTHORIZES THE
ISSUANCE OF BIPIGO LICENSES TO QUALIFIED ORGAtJIZATIONS, PRESCRIBING
CONDITIONS THEREFORE, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF;
AMD AMENDING CHAPTER 11, SECTION 11.10 OF THE FRIDLEY CITY CODE RELATING
TO FEES
TNE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS:
SECTION 29.01 Authorization to Issue Licenses
The City is hereby authorized to issue bingo operators licenses pursuant
to Minnesota Statutes Annotated; Chapter 349. Licenses may be issued to
organizations as defined by Minnesota law in said chapter.
SECTION 29.07 Donations
Chapter 11 of'the Fridley Code is hereby amended to read as follows:
SECTION 11.10 Fees
Add new subject of "Bingo Operators License." The annual license fee for
a bingo operators license shall be 250 per year. A special four day
license may be issued at a cost of $25. This special four day license fee
may be waived by Council action for church or other charitable organizations.
PASSED AND ADOPTE� BY THE CITY COUNCIL OF THE CITY OF fRIDLEY THIS
DAY , 1978,
ATTEST:
CITY CLERK - MARVIN C. BRUNSEII
First Reading:
Second Reading:
Publish........
MAYOR - WILLIAM J. NEE
�
u
CITY OF FRIDLEY
MEMORANDUM
T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL
FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR.
SUBJECT: BINGO ORDINANCE
DATE: JANUARY 31, 1978
The attached ordinance would raise the annudl license fee for
bin90 operations from $100 per year to $250 per year. In
addition, the ordinance would require that each bingo operator
donate a minimum of eight percent of their gross receipts to
lawful purposes as set forth in Minnesota Statutes.
MCB:sh
Attachment
3A
ORDINANCE N0.
AN ORDINANCC ESTABLIStIINC CHAPTER 220, OF TFIE FRIDLGY CITY CODE, ENfITLED RESIDENTIAL ,4
NAINTENANCE COD[, AND RLPL•ALINC CILIPTGR 209 ENTITLED hNLTIPLE DWELLINGS �
The Ciiy Couneil of the City of Fridley does ordain as followr. �
ChapYer 220, Residential �fai.ntenance Cade, is hemby established. , �
SECTION 220.00 INTRODUCTION �
SECI'.ION 220.01 TITLE . - �
This chapter shall be referred to as the "Fridley Residential Maintenance
Code".
SECTION 220.02 PREMIBLE
It is hereby foimd and declared that impaired structures harbor conditions
dangerous to tlie public health, safety, and general welfare of the people.
]t is found that impaired structures exist within the City of Fridley
beeause of faulty design or construction, failure to keep them in a proper
atate of repaiz, lack of adequate lighting or ventilation, inability to
properly heat, improper management, or any combination of these factors.
It is declared��that the improvement of impaired structures and the prevention
of oecurrence of impaired structures in the future is in the best interest
of the citizens�of the City.
SECfION 220.03 SCOPE
'fhe provisions of this chapter shall apply uniformly to the maintenance,
repair, equipment, use and occupancy of all existing msidential structures,within the
City of Fridley. This chapter shall apply to building codes in ef£ect at
the time of the issuance of the building permit. ' - '
SECT70N 220.04 PURPOSG •
The purpose of this chapter is to-maintain the City's sanitation, public �
health and attractiveness, protect the safety of the pcople, and to. promote
the general welfare by legislation uliich shall be systematically enforced
upon all residential rental property and act as a public service to resi-
dents�who are home owners.� Section 220.08'immediate Health and Safety
Hazards"is the only section of this chapter which.the City is empowered to
enforce against owner-occupied homes. General objectives are:
-� 1. To protect the character and stability of residential areas within the ����
City.
2. To correct and prevent conditions that adversely affect or are likely to �
adversely affect the safety, general welfare, and health of persons ��
ow�ning or renting residential facilities within Pridley.
3. To provide for spund maintenance of heating, sanitary, electrical and
ver.tilation systems necessar� to health and safety.
4. To provide basic requirements for the eaintenance of existing residential �
struetures.
S. To preserve the value of land and structures throughout the City. '
SECTION 220.05 UEFINITIONS
For the purpose of this chapYer certain terms and wor�s are defined:
1. APPROVED shall mean approved as to construction, installation, and
naintenance in sccordance with applicable statutes of the State of
Ninnesota, and provisions of this Code.
�osdinanca do. -3-
Ghaptcr 220, Rcsidential Maintenance Coda
2. BASEF�NT shall mean that portion of a building between floor.and eeiling, , Y A
whieh is partly below grade, but so located that the vertical distance from .
grade to Floor below is less than the vertical distance from grade to ceiling.
3. BOARDING HOUSE shall mean a building other than a hotel where, compensation
by prearrangement for definite periods, meals, andjor lodging are psovided
for persons, not members of the principal family, not to exceed ten (30)
persons.
4. CI7Y INSPECTOR shall mean the Cicy Manager or his suthorized representative.
S. CLEAN shall mean the absence of rubbish, garbage, vermin, and other
unsightly, offensive, or extraneous matter.
6. OWELIING shall mean a structure or portion thereof, designed or used
predominantly for residential occupancy of a continued nature, including
one-family dwellings, two-family dwellings, and multiple-family dwellings of
Lhree or more family dwelling units either rental or owner occupied, but
not including hotels and motels.
7. �DXELLING UNIT shall mean a single unit providing complete independent
living facilities for one or more persons including permanent pnovisions for
living, sleeping, eating, cooking and sanitation.
8�.� EASILY CLEANABLE shall mean readily accessible and of such material and
finisA, and so fabricated and placed that residue which may aceumulate can
be completely removed by normal cleaning methods.
9. ELECTRICAL SYSTEM shall mean and include any and all methods of trans-
mitting electricity for use to any dwelling, dwelling unit, or mobile home.
10. ERIT shall mean a continuous and unobstructed means of egress to a public
vay and shall include intervening doors, doorways, corridors, ramps, stairways�,
, s�okeproof enclosures, hori2ontal ex:sts, exit passageways, exit courts and yards.
23. E7(7'ERMINATION shall mean the contml and destruction o£ insects, rodents,
- vermin or other pests. � .
� 12. FAMILY shall mean one or more persons each related to the other by
�blood, marriage, or adoption, or a group of not more than five (5) persons
not�all so related maintaining a common household in a dwelling unit.
13. FLOOR AREA, GROSS shall mean the sum of the gross horizontal area of
the several floors o£ such structure or structures measured from the exterior
faces and exterior ells or from the center line of co�oon walls separating
dwelling units. Basements devoted to storage, and/or off-street parking shall
not be included.
14. FLRdCTIONING shall� mean in such physical condition as to safely perform the
service or services for which an item is designed or intended.
15. G4RBAGE shall mean and include every acewoulation of animal, vegetable or
other natter that attends the preparation, consumption, display, dealing in or
storage of ineat, fish, fowl, birds, fruit or vegetables, including the
cens, containers or wrappers wasted along vith such materials.
16. HABI7ABLE STRUCTURE shall mean any stxvcture or part thereof that meets
ainioum standards for use as a home or place of abode by one or more persons.
17. HABITAHLB ROOM shall mean a mom or enclosed floor space used or intended
to be used for living, sleeping, cooking or eating purposes; excluding
bathrooms, water closet compartments, laundries, furnacc raoms, unfinished
basements, pantries,�uiility rooms, foyers, communicating corridors, stairways,
closets, storage spaces and attics.
Ordinance No. .3_
Chapter 220, Residential Maintenanee Code
18. IIEATINC, VGNTILATING, AND AIR CONDITIONING SYSTEDI shall. mean � � - � R D
uid inc]ude any and all units, equipment, material, and miscellaneous devicas
used in the process of�heating, ventilating, and air conditioning
of any dwclling, dwelling unit, or mobile homo, .
19. INFESTATION shall mean the presence rithin or arnund a dwelling'of
any insect, rodent.or other pests. . �
20. KITCtIEN shall�mean.a habitable room intended to be used £or the cooking �
of food or the preparation of ineals. �
21. LIVINC ROOM shall mean a habitable room wiEhin a dwelling unit, which is
intended to be used, primarily for general living purposes.
�� 22. iqT shall mean a parcel of land of at least sufficient size to�meet �
� zoning requirements for use, coverage, and area, and to provide such yards
and other open spaces as are required by the City of Fridley Zoning Code.
23. tMINTENANCE shall mean to keep in a good state of repair; to preserve
froa deterioration. � �
24. MOBILE NW� shall mean a transportable, single-family dwelling �mit
suitable for year-round occupancy and containing the same water supply,
xaste disposal and electrical conveniences.as immobile housing and subject
� to tax or registration, as such, under the provisions of Dlinnesota Statutes,
Chapters 16S or 273, and having no foundation other. than wheels, jacks,
support system, or skirtings, This shall not be constned to mean a recre-
ational camping vehicle. �
2S. FNBILE HODfE PARK shall mean any site, lot, parcel, or tract of land
designed, maintained, or intended for the purpose of supplying a location
or accommodation for any mobile home and upon which any mobile home is parked
and shall include all buildings used or intended for the use as part of the
equipment thereof wiiether a charge is made for tlie use of�a mobile home park
and its facilities ar not. A mobile home park shall not include automobile
or mobile home sales lots on which unoccupied mobile homes are parked for
purposes of inspection and sale. This shall not be construed to mean a
recreational camping vehicle.
� . 26. I�AILTIPLE OCCUPANCY shall mean the occupancy of a building that supports,
'�����.° shelters, or encloses more than one distinct use. . �
27. NON-COhIBUSTIBGE shall mean any material or a combination of materials �
whieh will not ignite or support combustion during a five minute exposure.
(Refer to 1973 UBC, Section 415). � .
28. OCCUPANCY sha12 mean the purpose for which a building, or part thereof,
is used or intended to be used.
�� 29. OCCUPANT shall mean any person residing in a dweliing �mit or rooming
unit.
�� 30. OPBRATOR shall mean the owners or their agents, who have charge, care,
�coafsol, or management of a building, or part thereof.
31. �OWNER shall mean any persan, firm, or coaporation, who alone, jointly, �
or severally with others, shall be in actual possession of, or have charge,
ure or control of, any facility within the City.
32. PERSON sliall mean a natural person, that person's heirs, executors, administrators�
or assigns, and also includes a firm, partnerslup or corporation, its or.
their successors or assigns, or the agent of any of the aforesaid.
S3. �PLUFiBING SYSTF.�i shall mean and.incIudo all potable water supplies and �
distribution pipes, all plumbing fixtures and traps, all drainage and vent
pipes and all building drains, including their respective joints and con-
nections, devices and appurtenances witliin the property lines of the ytemises
and shall include poiable water treatment or using equipment.
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Ordinance No. _q_
Chaptar 220, ResidenTtial Maintenance Code
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34. PROPERTY shall mean all land and structures and systeau theroin, platted
lot or part thereof or�an unplatted pxrccl of land.
35. PROPER COYNLCTION TO AN APPROV[D 5[WER SYSTEM shall mean a functioning
sewex eonnection free from defects, leaks, or obsfructions with Sufficient
eapacity to drain all fixtures or appliances which feed into it. The sewer
system @c it munieipal or privateJ must be capable of disposing of sewage
in a safe, saniiary, and adequate manner. . � �
36. PROPER CONNECTION TO AN APPROVED WATER SY57'EM shall mean a functioning
plumbing�connection free from defects, leaks, or obstructions. providing an
uncontaminated, controllable flow of cold or heated water..
37. PUBLIC AREAS shall mean those areas which are normally occupied or open
to tha general public. �
3g, REASONABLE CARE shall refer to the treatment of all facilities, fix-
tures, equipment, and structural elements such that depreciatian of these
objects and materials is due to their age and normal wear rather�than due to
neglect. � .
3g, REFUSE shall mean all solid waste pmducts or those having the character
of solids rather than liquids; in that.they rill not flow readily without
additional liquid and which are comoosed wholly or partly of such materials
as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial
solid wastes or domestic solid wastes; organic wastes or residue of animals sold
as meat, fruit or other vegetable or animal matter from kitchen, dining
room, market, food establishment of any places dealing in or handling meat,
fowl, grain, or vegetables; offal, animal excreta, or the carcass of animals;
trne or shru6 trimmings; grass clippings, brick, plaster or other waste
matter xesulting from the demolition, alteration or constnction of buildings
or structures; accumulated waste materials, cans, containers,�tires, junk,
or other such substance which may become a nuisance.
qp. REPAIR shall mean to restore to a so�md and acceptable state o£ operation,
serviceability, or appearance in the determination of the Building Ynspector.
ql, RODENT f1ARBORAGE shall mean any place where rodents liva,
nest, or seek shelter. �
qy, RUBBISH shall include wood, leaves, tri�ings from shrubs, dead trees or
branehes�thereof, shavings, sawdust, excelsior, wooden rare, printed matter,
paper, paper board,.paste board, grass, rags, straw, boots, shoes, hats and
ell other combustibles not included under the term garbage.
43. � shall �an the condition of beingfree from danger and �
hazards which may cause accidents or disease.
44. SIRUCPURE shall mean that which is built or constructed, an edifice or
bu3lding or any kind, or any piece of work artifically built up or composed
of parts joined iogetlier in some definite manner.
q5, UNSAFE shall mean, as applied to a structure, a condition or combination
of eonditions xhich are dangerous or hazardous to persons or yroyerty. .
46. �'1SANITARY shall mean, as applied to a structure, conditions whicn are dangerous
°r��hazardous to the health of persons.
q7, USE shall mean the purpose or activity for which the land or building
is designated, or intended, or for which it is occupied, utilized, or maintained,
snd shall include-�the performanee of such activity as dafined by the perfor-
aancy standards of this chapter.
ag XATER CIASET shall mean a toilet, rith a bowl and trap �de in one
piete, which is connected to the City water and seaer system or other
approved water supply and sewer system.
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Ordinance No. T__ � 'S'
Chepter 220, Residentiak Maintenurtce Coda
220�061 Responsibilities of Owncrs
The owner of a dwelling shall be responsible for the�maintenance
of that structure and for meeting the provisians of this chapter.�
Those rosponsibilities may not be abrogated by a private. agrecment.
220 062 Removal of Basic Equipment or Facilities
No owner, operator, or occupant shall cause any facility or equipment
NMch is required under this chapter to be removed from or shut off from any
occupied building or dwelling unit except for
such temporary interruptions as may be necessary while actual repairs or
siterations are in process, or during temporary emergencies.
220 063 Maintenance of Heafing Facilities -
Every heating facility shall be maintained in a safe and good working
condition, and shall comply with all of the following requirements:
1. No fuel burning heater shall be of a portable type.
2. Every fuel burning heater shall be properly vented to a chi�ey
or duct leading to outdoor space. �
3. Every fuel burning heater shall have a fire resistant panel beneath it.
4. Every heater located within tliree feet of a wall shall be equipped with
insulation sufficient to prevent overheating af the wall during
periods of maximum operation.
5. Every heater smoke pipe shall be equipped with guards properly
� constructed o£ non-flam:able material at the point where the pipe
goas through a wall, ceiling, or partition.
220 Ofi4 Basic Health Requirements for Services_and Utilities
1. Minimum Plwobing Standards:
All plwubing in every dwelling unit shall be properly installed and
maintained in a sanitary, sa£e, and functioning condition, and shall be
eonnected to an approved utility system. ��
2, Fiinimum Heating Standards:
�� All structures shall have heating facilities x�hich are properly in-
stalled, and which are maintained in safe and good working condition,
and which are capable of safely maintaiging a minimum indoor temperature
of 68° at an outside temperature of -20 F. below zero ai 36 inclies above
the floox in all habitable. rooms., bathrooms, and water closet com-
partments in every dwelling unit located therein. Gas or electric
applicances designed primarily for cooking or water heating purposes
shall not be considered as heating facilities witliin the meaning of this
section. Portable heating equipment employing flame and the use of liquid
fuel dces not meet the requirements of this section and is prohibited.
No owner or.occupant shall install, operate, or use a heater employing
a flame that is not vented wtside the structure in an approved manner.
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ptdinanca No. "6'
Cpaptcr 220, Rcsidential Maintenance Codo
3. Minimum Watcr Ftcating Standards:
Evcry dwclling shall have rater heating facilities which are in-
stalled in an approved manner, are maintained and operated in safe and
good working condition, are properly connected with the hot water lines, and
are capable of allowing heated water . . �
to be drawn at every�required fixture at a minimum iemperature of 120° F.
4. Units at or Beloa Grade:
aJ All windows located at or near ground level used or intended to
be used for ventilation> all other openings located�at or near ground
level, and all exterior doorways which might provide an entry for
zodents, shall be supplied with adequate screens or such other devices
as will prevent the entrance of rodents into the structure.
b) All sewers, pipes, drains or conduits and openings around such
pipes and conduits shall be constructed to prevent the ingress or
egress or rodents to or from a 6uilding. �
e) Interior floors or basements, and o[her areas in contact
xith the soil shall he rodent-proofed to prevent the entrance of rodents
into the structure.
S. Facilities for Storage and Disposal of Rubbish and Cartiage:
4E
Every owner of a multiple family dwelling shall be responsible for
pioviding and maintaining facilities for the storage and disposal of
rubbish and garbage, and for arranging for the collection of this
material. In the case of single or two family dwellings, these
1�esponsibilities�shall be the occupants. � -
6. Rodent Harborages in Occupied Areas:
It shall be the responsibility of the owner of a dwelling or
� dwelling unit to prevent the formation of rodent harborages in or about
�. . the premises. It shall furthcr be the responsibility of said owner to
� prevent the placement�or accumulation of materials that may serve as food
for rodents in a site accessible to rodents in these areas.
7, Pest/Vermin Extermination: •
The owner of a dwelling or dwelling unit shall be responsible for the
eztermination of pest/vermin infestations on the premises.
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Ordinance No. -�-
Cheptcr 220, Aesidential Maintenance Code
SEC710N 220 07 6ASIC SAFETY REQUIREhIFNTS FOR INTERIOR MAINTENANCE
7, Kitchen Facilities
BitcLen facilicies in every dwelling unit sh"all be maintained in Lhe
following manner. . �
A. A kitchen sink shall be in good working condition and properly
tonnected to an approved water supply system which provides at all times
heated and unhcated running water under pressure,
and rhich is�eonnecied to an approved sewer system. �
B. Cabinets and/or shelves and counter or table shall be of sound
construction furnished with surfaces that are easily cleanable and that
will not impart any toxic or deleterious effect on food.
C. A stove or similar device for cooking food, and a refrigerator or
similar device for the safe storage of food, shall be pro-
perly maintained with all necessary connections for safe, sanitary,
and efficient operatian. _
� 2 Windows, Doors, and Screens
8very xindow, exterior door, and�hatchway shall be substantially tight
and shall be kept in sound condition and repair. Every window, other than a
� fixed window or storm window, shall be capable of being easily opened.
. 3. L3ghting
All electric ligfit fixtures shall be kept.in a.good state of.repair.
4. �linimum Electrical Standards � �
' Every dwelling unit.and all public and common areas supplied with electric
� service, functioning overcurrent protection devices, electric outlets, and
electric fixtures shail 6e maintained in good and safe working conditions, and
-� shall he connected to a source of electric power in a manner prescribed by the
ordinances, rules and regulations of the City of Fridley and by the laws of the
State of Minnesota.
5 Floors Interior Nalls, and Ceilings
Every floor, interior wall, and ceiling shall be kept in sound condition
and good repair�. Every floor shall be free of loose, warped, protruding or
rotted £looring materials. Every interior wall and ceiling shall be free of
holes and large cracks and loose plaster and shall be maintained in a tight
reatherpmof condition..
6 Stairways Porches, and Balcanies
Every stairway,. inside or outside o£ a dwelling and every porch or baleony,
shall be kept in safe condition and sound repair.
7 Door Locks and Security � �
No oaner shall occupy nor let to another for occupancy any dwelling or
dnelling wit unless all exterior doors of the dwelling or�dwelling unit are
equipped with safe, fmctioning locking devices.
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Ordinance No.�,_,_ "6' '
Chapter 220, ResiJentiel Maintenance Code
SECTION 220.08 I�AfEDIAT6 f1EAL77i AND SAFETY IIA2ARD5 . '
The following are eonsidered immediate hazards to health and.safety for
human occupancy:
1. Heating systems that are unsafe due to: burned out or rusted,out heat
exchanges (fire boxJ; burned out, or plugged flues; not being vented; being
tonnected with wsafe gas supplies; failing to meet the miniwum heating
standards set forth in Section 220.064. � �
2, Water heaters that are unsafe due ta: burned out or rusted out heat
exthanges (fire box); burned out, rusted out, or plugged fluer,�� noi being
vented; being connected with unsafe gas supplies; or laek of temperature and
pressure�relief valves.
3. Electrical systems that are unsafe due to: dangerous overloading;
damaged or deteriorated equipment; improperly taped or spliced wiring;
axposed uninsulated wires; distribution systems of extension cords or other
temporary methods; ungrounded systems, ungrourtded appliances in contact
rith earth. � �
4. Plumbing systems that are ansanitary due to: leaking waste�systems fix-
tures and traps; lack of a water closet; lack of washing and bathing faci-
lities; oz eross connection of pure aater s�ply with £ixtures or sewage
lines.
S. Struciural systems, walls, chimieys, ceilings, roofs, foundations, and
floor systems, that� will not safely carry imposed loads.
6. Refuse, garbage, human waste, decaying vermin or other dead animals,
snimal raste, other materials rendering it unsanitary for human occupancy.
7,�.Infestation of rodents, insects, vermin, and/or other pests.
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� SECTION 220 09 BASIC REQUIREMENTS PERTAINING T'0 TI{E MAINTENANCE OF R-3 PROPERTIES
� 220.091 Provisions and �faintenance of Basic Services and Utilities
, 1, Pl�mbing, tleating, and Electrical Service: Every owner shall be
� iesponsible for the provision and maintenance of plumbing,�heating,
electrical, and ventilating service to each dwelling unit.
2, Supplied Heat to Non-controlling Occupant: Whenever the occupant
- lacks direct�control o�er the supplied heat to a dwelling unit or rooming
tmit, it shall be the responsibility of tlie owner to�maintain minimum
heating standards as set £ortli in Section 220.064. �
S. Climate Control as Integral Function: When facilities for interior
elimate control (heating, cooling, and/or humidity control) are
integral functians�of structures containing dwelling units or r000ung
units, it shall be the responsibility of the owner.that such facilities
are naintained and operated in a continuous manner and in accordance
with the designed capacity of the installed equipment. During instances
rhen the integral equipment is inoperative because of power or mechanical
failure, alternative provisions for fresh air �entilation of each dwelling
or rooming �mi.t shall be the responsibility of the owner. .
220 092 Illumination• Public Halls and Stairways
Every public hall and stairway in every �liiple family dwelling shall
bo adequatcly�lighted by natural or electric light at all times, so as to
pmvide effective illumination in all parts thereof. Every public hall and
sta3rway in structures containing not more than two dwelling units may be
supplied with conveniently located light switches controlling an adequate
lighting system xhich may be turned on when needed, instead of full-time
lighting.
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Ordinanca No. '9"
Chaptor 220, Residential Maintenance Code
SECI'ION 220.10 PROVISIONS AND AfA1NTE4M'LE OP 6ASIL SERVICCS-AND UTILITIES - R-4
1. Plumbing, Heating and Llectrical Service: Every owner of a mobile home
park shall bc responsible for the provisiort and maintenance of plumbing,
heating, and electrical service to cach mobile Itome�. All
utilitic5 shall be constructed, installed and maintained�in aceordance with
the laws of the State of Minnesota, the recoimnendations of thc State Health
Department,� and the ordinances and requirenents of the City of Fridley.
2, Every public hall and stain+ay in every mobile park community building
shall be adequately lighted by natural or electric light at all times so as
to�provide effecti�e illumination in all parts thereof.
$ECI'ION 220.11 LICENSING OF RENTAL UNITS
To sllow for a systematic enforcement of this ordinance upon rental dwellings,
no person on or following the sixtieth day after the enactment of this ordinance
shall operate a rental dwelling withoui first having obtained a license io do so
from the City of Fridley, as hereinafter provided. At the discretion of the
City Inspector, all initial licenses issued within 18D days of the enactment
of this ordinance may be for a period of less than one year for the purpose of
providing staggered licensing. In all other instances, each such operating
license shall be issued annually and shall expire on the anniversary date oF issu-
ance. License renewals shall be filed at least 60 days prior to the license ex-
piration date. If.an impairment shwld occur in an owner-occupied dwelling that
threatens the health, safety, and welfare of the occupants or adjacent property
owners/renters, and�if the impairment is a violation of Section 220.08, the City
�of Fridley is empowered to exercise the enforcement of this ordinance.
No operating license shall be issued or renewed imless the rental dwelling
. and its premises conform to the ordinances of Fridley and the laws of the
State of Minnesota. �
� 220.111 License Fees '
The annual license fee and expiration date shall be as provided in
Chapter 11 of the Fridley City Code. -
�220 112� Owner or Agent to Apply - �
Lieense application or renewal shall be made by the owner of rental
units or his legally constituted agent. Application forms may be acquired
fxom and subsequently filed with the City Inspector.
220 113 Resident Agent Required
No operating license shall be issued or renewed for a non-resident owner
of rental dwelling units (one xho does not reside in any of the following
llinnesota cwnties; Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or
Nashington) unless such owner designates in writing to the City Inspector
the namc of his resident agent (one who does reside in any of the following
counties; Hennepin, Anoka, Carver, Dakota, Scott, or Washington) who is
responsible for maintenance and upkeep and who is legally constituted and
gmpowered to receive�service of notice of violation of the provisions of the
City,ordinances, to receive orders and to institute remedial action to effect
such orders and to accept all service or process pursuant to law. The City
Inspector shall be noti£ied in writing of any change of resident agent. This
requirement may be waived if, in the City Inspector's determination, the
qmer not living in one of the above specified counties, is nonetheless
sufficiently�accessible for the purposes of this chapter.
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Ordinanec No. -10-
Chapter 220, Aesidential Naintenance Code
220 114 Aorcemmt to A1low InsPection � .
No operating license shall be issueJ or renexed unlass the owner of
rental units agrees in the application to permit inspections pursuant to
� Section 220.12 of this chapter. '
220 115� Posting of License -
Every licensee of a rental dwelling shall cause to be eonspicuously
posted in the main entry way or other conspicuous location therein the
eurrent license fox the respeccive rental dwelling.
220.116 License Not Transferable
No operating license shall be transferable to another rental dwelling.
No operating license shall be transferable to another person without approval
of the City Council. Every person holding an operating license shall give notice
in writing to the City Inspector within five business days after having legally
transferred or otherwise disposed of the legal control of any licensed rental
drelling. Such notice shall include the name and address of the person succeeding
to the ownership or control of such rental dwelling or dwellings..
220 117 License Suspension or Revocation �
�� Erery operating license issued under the provisions of this chapter is
� subject to suspension or revocation by the City Council should the licensed
. � owner,or the duly authorized resident agent,fail to operate or maintain
licensed rental dwellings and units therein consistent with the provisions
of the codes of the City.of Fridley and the laws of the State of Dtinnesota.
In the event that an operating license is suspended or revoked by the City
Council for just cause,'it shall be unlawful for the owner or duly
� authorized agent to therea£ter permit any new occupancies of vacant or
. thereafter vacated rental uniis until such�time as a valid operating license
�, may be restored by the City Council.
SECTION 220.12 ADMINISTRATION
� 7fie City Inspector and/or designated agents shall administer and
enforce tlie provisions of this chapter and are hereby authorized to cause
� inspectians on a scheduled basis and/or when reason exists to believe that
violation of this chapter has been or is being committed. �.
220.121 Authority .
. lfien a City Inspector determines a violation, the Inspector's
xritten evaluation�of deficiencies shall be considered prima facie evidence
in any subsequent litigation of a violation under this�chapter.�
220.122 Insvection Access
If any owner, occupant, or other person in eharge of a dwelling, dwelling
unit or mobile home, fails or refuses to permit free access and entry to the
structure or premises under thai person's control for an inspection pursuant tu this
chapter, the City Inspector may seek a courx order authorizing such .
inspaetion.
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Ordinance No. -11-
Chaptcr 220, Residential Maintenanco Cade
SECTION 220.13 COMPLIANCE AND ENFORCEDIENT
A. Mhcnever the City Inspector determines that any rental dwelling or
unit fails to mcet the.provisions of this ehapter, or if any owner-occupied
dwelling fails ta meet the provisions of Section 220�.08 "Immediate tlealth
and Safety liazards", the City Inspector may issue a compliance ordcr setting forth the
violations of the chapter and ordering the owner or agent to correct such
violations. This compliance order shall;
1. Be in writing. �.
2, Doscribe tha location and nature of the violations of this ordinance.
3. Establish a reasonable time for the correctioa of sueh violations.
4. Be served upon the owner or agent; such notice shall be deemed to be
properly served.upon such owner or agent, if a copy thereof is:
a) Served upon said persons, or
b) Sent by registered mail to the last known address,
e) Upon failure to effect notice through a or b as set
section, posted at a conspicuous place in or about
which is�affected by the notice.
B. Penalty for Violation�of Code
� Failure to meet the requirements of the
this ehapter and a misdemeanor and is subject
violation under the provisions of Chapter 901
the violation continues in existence shall be
220.131 Emergency Cases
�a�
out in this
the dwelling
eompliance order is a violation of
to all penalties provided for such
of the Fridley City Code. Each day
deemed a separate violation.
Nhen a violation of Section 220.08 of thi
imminent peril to life, health, or property, t:
require immediate compliance, and if necessary
protect that life, health, or property.
220.132 Unfii for Human Habitation
chapter constitutes an
e City Inspector may
take appropriate action to
�� 1. �Ueclaration: My dwelling, dwelling unit, or mobile home, which is
damaged, decayed, dilapidated, unsanitazy, unsafe, vermin or rodent infested,�
. or rrhich lacks provision for illumination, ventilation, or sanitary
facilities to the extent tliat the defects create a hazard to the health,
� safety, or relfare of the occupants or of the public may be declared imfit
�. for h�man habitation. Whenever any dwelling, dwelling unit, rooming unit or
� mobile home, has been declared unfit for human habitation, the City
. Inspector shall order same vacated within a reasonable time and shall post a
� placard on same indicating that it is unfit far human habitation and any
" operating-license previously issued £or such dwelling shall be revaked.
2. Vacated Building: It shall be unlawful for a vacant dwelling,
dwelling unit, or mo6ile home, which ]�as 6een declared unfit For human habi-
tation as provided in Su6division 1 above, to be used for human habitation
until the defective conditions have been corrected and written approval has been
issued by the City Inspector. It si�all be unlawful for any person to de-
faee or remove the declaration placard from any such dwelling, dwelling unit or
mobile home. ��
3. Secure I;nfit and.Vacated Dwellings: The owner of any dwelling,
dwelling unit, or mobile home.whicli Itas been declared unfit for human habi-
tation, or which is otherwise vacant for a period of 60 days or more, shall
aake samc safe and secure so that it is not hazardous to the Iiealth, safety and
xelfare of the public and does not constitute a public nuisance. My vacant
dwelling open at doors or windows, if unguarded, shall be decmed to bc a
hazard io t7�e health, safety, and welfare of the public and a public nuisance
within the�meaning of this chapter.
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Oidinancc No. '12 - ; f� 1/
Chaptcr 22U, It�esi ential Maintenance Code � ' Y I\
4. Hazardous Build'ing Declaration: In the event that a dwclling has
been declared unfit for h�vaan.habitation and the owner has not remedied tha
. defects within a prescribed reasonable [ime, the dwelling may 6e declared a
ha�zardous building and treated consistent with the provisions of Section
���. 463.15 of the llinnesota Statutes. :
, I20.133 Execution of Coni l�iance Orders by Public Authority
Upon failure to comply with a compliance order within the time set and
, no appeal having been taken, the�City Council may, by resolution, cause the
eited deficiency to be remedied as set forth in the eompliance order. The
�' eost of such remedy shall be placed against the subject property and may be
�.. levied and collected as a special assessment in the manner provided by
� � Minnasota Statutes, Chapter 429.
220.134 Right of Appeal
Nhen it is alleged by any person to whom a compliance order is direeted
that such compliance order is based upon erroneous interpretation of this
chapter, such person may appeal the compliance order as provided under Chapter
6.14 of the Fridley City Code. 'fhe filing of an appeal shall stay all
procaedings, unless such a stay would cause imminent peril to life, health or
ProPertY• .
220.135 77ansfer of Ownership
Anyone securing.an interest in the dwelling, dwelling unit or mobile
home xhicli has received a violation tag or compliance order shall be bound
by same rithout furtlier service of notice upon him/her and shall be liable to
all penalties and procedures by this chapter.
.�. SECTION 220.14 REPEAL . .
Chapter 209 entitled "Multiple Di.�ellings" of the�Fridley City Code
is hereby repealed,
ADOPTED BY THE CI1Y COWCIL OF 74� CITY OP FRIDLEY 7HIS DAY OF
197 .
A7TEST:
CI1Y CLERK - biARVIN C. BRUNSEL6
6fAYOR �- WILLIMf J. NEE
' First Reading:
; Seeond Reading: ��
� . Wblish.......:
/
r�
,
a
_ �,
_. .., _.. .
' � . CITY OF F'P.IDLEY . �
PLANNING COMIdISSION MEF.TING
J{1NUARY 25, 1978
CALL TO ORDF.R: ,
Chairperson Harris called the January 25, 19']B, Planning
Comroission meeting to order at 7;37 P.M.
ROLL CALL: -
Members Present: Shea, Bergman, Harris, Suhrbier, Schnabel,
Langenfeld
Nfembers Absent: Peterson (represented by Suhrbier)
Others Present: Jerrold Boardman, City Planner
APPROVE PLANNING COMMISSION hiINIITES: JANUARY 11, 1978
MOTION by Ms, Shea, seconded by Mr. I,angenfeld, that the
Plannin� Commission approve the January 11, 1978, minutes
as v�ritten. Upon a voice vote, all voting aye, the motion
carried unaninously,
1.
Yr;HP11'1', SY 1',='/'/-1'/, 13Y SUY'�HAiJiw,'i�1GA: Ylik P'H1llL1�;Y Gl'1'Y
CODES SECiIOtd 205,131, j, �s TO ALLOPI THE CONSTRUCTION OF
A SUP�RAMERICA STATIOY7 CO.NENIENCE STORE, ON LOTS 27, 28�
29 and 30, BLOCK 4, H�'fILTON'S ADDITION TO MECHfi13ICSVILLE,
THE SAME BEING 5667 UNIVERSIlY AVEIdUE NE
PIIBLIC HEARING OPEN
Mr. Boardman said that much discussion had taken place at
the previous meeting, He said that Superamerica had some
revised plans for the Superamerica Station Convenience Store.
Ms. Schnabel asked why it was necessary for Superamerica to
request a Special IIse Permit.
Mr. Boardman said that the station previously located on the
lot had been at that location before Special Use Permits were
required for Gas Station operations.
Mr. Atichael Holt and Mr, Timothy Kortrem were present at the
meeting representing Superamerica.
Mr. Holt sho;ved the Commission a revised plan for the
Superamerica Station Convenience Store. He indicated the changes
that had beea made to the drivervays servicin� the station and
that by mo�ring the proposed building approximately 15 feet they
were able to provide for the required 15 parking spaces as vrell
as.set up a feasible route the gasoline trucks could use so that
the trucks tivould not have to go through the residential area.
5
PLANN7NG COMMISSI�N MrETING - JANUARY 25 1977 Pape 2
�
Mr. Bergman caid it wa� an improved plan and that it rvas much
better than the previousl plan.
Mr. Holt said that he had talked to Superamerica�management
about providing a sign for Ms. Mathisen (348-57 Ave N�)
and they indicated they �rould provide her vrith a sign that
would indicate that her driveway lvas a PRIVATE DRIVEI7AY and
that it should not be used.
ris. Schnabel asked if there would be signs at the entrances
and egresses that would indicate entrance only or exit only
and if so how would the signs be posted.
Mr. Holt said that the driveway to the rear of the lot would
have a sign that tvould indicate ��exit only, do not enter��.
He also said that there rrould be directional arrolvs on the
blacktop.
Ms. 5chnabel asked if there viould be additional signage in
the ground that would indicate exit only.
Mr. Holt said that they vaould have signs in the ground.
Ms. Schnabel asked if any signs 1�ould indicate such things as
"no left turns�� or +�no right turns�� or "right turns only��,
Mr. Holt said that they would provide such signs if the Commission
felt it tivould be necessary, He didn�t think they tF�ould be
necessary in that the patterns ti��ould already be established
because of the island that was located in 57th Avenue.
Mr. Boardman said that it had been suggested at the previous
meetin� that at the exit closest to the service lane and
57th l�venue there would be a sign indicating ��Exit to
IIniversity Aveaue+� v�ith an arro�r that would direct the traffic
around the station or around the area.
Mr. Holt said that Superamerica would comply with that request.
Chairperson Harris asked if the station would be open Z4 hours
per day, every day of the week.
Mr. Tim Kortrem said that it �vas being discussed that the proposed
Superamerica Station Convenience Store tivould be open 24 hours a
day. He said that the particular location had not been fully
established as get, He said that actual business would dictate
the hours it would be opened.
Chairperson Harris asked �vhat type of products would be dispensed
at the 5uperamerican Station Convenience Store.
Mr. Holt said that the Store would handle convenience items such
as pacicaged food, rolls, milk, bread. He said it would handle
no fresh produce. He said they would have bulk oil and some
automobile related products.
Mr. Carl Paulson of 430-NE 57th Place wanted to submit a 5 B
supplement to the original petition that had been signed
by the re�identc in the nei�hborhood, �e said that the
petition itself dealt with moetly the human aspects and
that the supplement petition dealt tvith property owners,
Mr. Paulson said that it v�as an Impact Statement v�hich was a
supplement to the petition, re: Superamerica Request.
"The follot�ing criterion .represents a mutual
correlative to the contents of the aforesaid
petition.
The petition deals with matters serving jointly
both property oimers and residents on a lease
bas�s or otherrrise enjoined.
The fo�.lo�aing are parts or elements, maybe not
all of them, you vrill be considering conjuctively:
I. First of all: Is there a need?
II. Reduction of real estate values.
ITI. Deviation from previous use.
IV. The matter of saturation (used in the
broadest sense)
V. And an overall adverse affect."
rir. Paulson said that the people in the area were adverse io
the night-time operation.
Chairperson Harris said that a petition had been submitted
to the Commission. Ae said that it v�as a petition to the
Planning Commission, City of Fridley.
"�Ve, the signatories to this Peti{;ion do hereby request
that an all-night operation applied for by the applicant
in the name of Superamerica Station Convenience Store, be
rejected.
We submit our request, in part, on the basis of six pages
of criteria calling attention to pollution hazards and how
to curtail them, Peace and composure are cl.osely related
to restful sleep.
17e summarily reject any notion that v�e be held responsible
by tivord or other�vise for the ridiculous overbuilding o£
gasoline stations in years past,
We £urther reject any suggestion that fenced tvalls tivith
ballasts can serve as adequate protection, a�ainst polluted
particles moving with the raind in varied directions, and
noise pollution.
P!e reserve the right to seek redress through the courts,
should L-his becotae our only recourse.
;. _..
We reject
adversely
forvrard to
for sleep!
in�tallations of added Iighting �uch
affect nearby residents at times �vhen
a time of restful sleep. Night time
as might
they look
was made
Also, we are aware that hold-ups"and shoot-outs cannot be
ruled out around an all night o erat'
p ion.
We are opposed to added traffic after-hours, such as �vould
be of convenience to inconsiderate drivers r�ho are prone
to rev-up motors, added to quick starts, sometimes coupled
with loud voices.
YJe want nothing added to overall late night probZems,
such as.are experienced along vrell traveled roads, such
as University and 57th Avenue going east��rard
SC
Finally, we reject the proposed operation as•�ve knov� it.+�
Chairperson Harris said that there raere 39 names on the petition.
MOTION by Mr. Langenfeld, seconcled by Ms. Schnabel, that the
Plannin� Commission receive the petition and the Impact Statement.
IIpon a voice vote, all voting aye, the motion carried unanimously.
Mr. Paulson said that it had been clearl,y stated and that the
people who signed the petition had done so v�ith the enthusiasm
that c+ent with the acceptance of the idea of rejecting the proposed,
Mr, Gordon Jorgenson of 2225 Chalet Drive said that he ovrned
the property located at 561�1� Fourth Street NE, He said that his
property contained a seven-unit apartment building. He said that
the people in his building �:ere very much against ihe proposed
Superamerica Station Convenience Store. He said that they mainly
opposed the 2t� hour operation. He szid that the points they
had indicated they tivere opposed to were the added noise from the
traffic; the increase of cars using the parking lot as turn-around
area; and the people lrho lived on the YJest side of the building
were concerned about the lighting, especially during late night.
He said that he personally ti�ras against the proposed operation
and that people in his building had also indicated their opposition
by signing the petition.
Chairperson Harris asked if there had been traffic problems
pre�iously when Phillips 66 liad o1aned the building�
Mr. Jorgenson said that it had added to the traffic in the
area; but he said the people �vere mostly against the 24-hour
operation.
Ms. Schnabel said that if the petitioner �vas allowed to proceed
v+ith his plans, the Commission could establish hours that the
operation could be open; she rranted to knor� if the people in
Mr. Jorgenson�s buildin� had a preference to the hours it could
be ovened.
Mr. Jorgencon said that he had delivered the petition to the 5 D
people in his building as it was written. He said they seemed
to be basically concerned about the late night noise and the
additional li�hting all through the night.
Ms. Schnabel said that Superamerica had stated they'intended
to have the lighting directed dotimrrards and away from the
adjacent properties.
Mr. Jorgenson said that the Iighting could be improved using
that manner but that the problem ti�rouZdn't be eliminated.
Ms. Grace Mathisen of 348-57th Place NE said that she didn�t
have much to add to ���hat she had stated at the previous
meeting. She said that it irouldn�t make any difference
tivhether the store r�as a night or day operation, the traffic
v�ould be much greater in the area than before. She said that
the lights of the operation ueren't just the lights located on
the property but would involve the lights of the traffic.
Mr. Langenfeld read from the Code a].1 the businesses that
could be established on the lots in question. He said that
the location eras zoned C-2. He felt that a much less desirable
situation could be established at that location than a
Superamerica Station Convenience Store. �
Mr. Paulson said t�at Mr, Langenfeld had made a good point
but that he felt the people in the vicinity did have a
right to say rrhat could be established at that location.
Mr. Jorgenson said that the location ��as probably too sma11
for many of the other uses that had been indicated by
Mr. Lan�enfeld. He said that it seemed that the people in
the vicinity �vanted an opportunity to listen to a proposal
for some other type of operation.
Mr. Holt said that in regards to the all-night operation
5uperamerica did operate some of the stations on established
hours rather than 24 hours. He said that they raould agree
to keep the same business hours as the other businesses in the
area. He pointed oui that the property �vas zoned commercial
and they had presented plans for a commercial operation.
Mr. Bergr�an asked if Super vneric ivould be interested in the
location if the Commission 1;�ould indicate a stipulation that
closing times r�ould ha�e to correspond to the closing times
of the other businesses in the area.
Mr. Holt said that they would be interested.
�'
Mr. Boardman askea if Superamerica planned to have a lighted 5 E
canopy.
Mr. Holt said that they vrould have a lighted canopy but that
no lighting tivould spill from the operation. He said all the
lighting v�ould be directed dowm�vards�
Mr, Boardman asked horr high the proposed fencing would be,
Mr. Holt said they �vould have a six foot fence plus a hedge.
Mr. Boardman asked hotv high the lights of the operation vrould
be.
Mr. Holt said that they vrould be 13 feet.
Mr. Jorgenson didn�t believe that a six foot fence ��ould protect
the area from 13 foot lights. He also doubted the statementthat
no lighting �vould spill from the operation. He also questioned
the traffic-flow diagram.
Mr. Boardman said that at the previous meeting there had been
concern regarding gasoline trucks as far as hovr they �rould ingress
and egress from the property, He said that in order for the trucks
to service the station and not have the trucks go into the
residential area that the diagram indicated the route tihe trucks
v�ould be directed to take. He said that the gasoline trucks were
otvned by Superamerica and that the dri��ers cou].d be told that
it tiras the route ihey had to use.
Mr. Boardman said that Superamerica Nould do some signino to
indicate to the automobile traffic the desired directions.
Ms. Schnabel asked if the Commission could stipulate the route
the trucks servicing Superamerica tiaould have to utilize.
Mr. Boardman said it Has the Commission's Option.
Mr. Paulson explained to the Commission that Ms. Mathisen's
house had been built while Fridley was a Tovm ship; therefore,
he said that it did not have the normal setback from the street,
He said that her garage was situated almost right next to the
curbing and her house right next to the garage, He said that
she tivas really located very close to the proposed business.
He wondered if the minority had as much ri�hts as the majority,
He said that the distance from her house to the proposed
establishment had to be considered in the issue.
Mr. Paulson felt that the air pollution in the area was already
existent without adding to the problem,
a
Mr. Paulson said that there was already too much noise in tHe 5 F
area, He didn�t believe that a fence did anything to control
ihe noisr., He said that the noise seemed to merely ��bounce"
over the fence.
Mr. Paulson said it tivould behoove everyone to consider all
the aspects invoZved; --
Mr. Boardman asked how the people c�ould feel about the
operation if it r�ould close at nights at the same time as
the othes businesses in the area.
Mr. Paulson said that they have lived with it. He said that
they didn�t like it, He felt that it would depend upon the
proximity to the operation,
Ms. Mathisen indicated that if the operation closed at the
same time as the other businesses in that area vrould most
likely help the traffic situation, She said they wouldn�t
have as much as night lighting or noise and that tirould be
a positive aspect. She said that it still wouldn�t elininate
the traffice conjestion and noise in the area, She felt that
the area she lived in was not a regular situation as far as
traffic, noise, and pollution vaere concerned.
Mr. Holt said that the Superamerica Station Convenience Store
would not generally add to 'the traffic in the area, He said
they vrould exist on the traffic that vaas already present in
the area, He didn't feel that they lvould measureably increase
the traffic.
Mr. Jorgenson indicated that he would drive out of his way
to go to a Superamerica Station ��hen that station dropped its
gasoline prices, He said tnat at those times, there �vould
be cars lined up at all the pumps and five or six �vaiting,
(He was referring to a Supers,merica Station located at
50th & Central Avenue). He said that when the cars �vere lined
up at the Station that the cars would overflo�v onto to 50th,
causing conjestion in the area, He said that since he would go
out of his way for gasoline, that most likely other people
would also, He felt that Superamerica did measureably add
to the traffic conjestion in the immediate vicinity,
Mr. Tim Kortrem explained to the Commission the basic Super-
America Station gas pricing policy, He said that they try
to keep their gasoline prices competitive to the other stations
in the area, He said that 8uperamerica Statians basically tried
to live off the existing traffic flow of the areas, but he said
that there may be customers that lvould drive out of their way to
patronize the establishments. Hol�iever� he felt that the
majority of people did not drive too far out of their way to
buy gasoline.
MOTION by Ms. Shea, seconded by Afr. Langenfeld, to close the
Public Hearin�;. Upon a aoice vote, all voting aye, Chairman
Harris declared the Public Hearing cldsed at 8:37 P.M.
PLANNING COMMISSION MrrTING - JANUARY 25 1978 ��paPe 8�
SG
MOTION by Mr. Langenfeld, seconded by Ms. Schnabel, that the
Ylanning Commission recommends denial of the request for a
Special Use Per�it, 5P /�7�-1�, by �uperamerica: Per Fridley
City Code, Section 205.�3�, 3, �, to a11ow �he construction of
a Superamerica Station Convenience Store, on Lots Z7,28,29 and
30, Block �, Hamilton�s Addition to t4echanicsville, the same being
5667 University Avenue 2iortheast.
Mr. Langenfeld said that the reasons for his motion to deny tivere:
1. There had been 39 people that had petitioned against
the request.
2. In regards to the substantive requirements of a
Special Use Permit must be subject to certain
conditions and the conditions must conform to the
following standards:
. To protect the Public Health, 5afety, and
lYelfare
. To avoid traffic conjestion or hazard or other dangers
. To promote conformity of a proposed use v�ith
the character adjoining property and uses.
Ms. Schnabel said that she believed the Superamerica Station
Convenience Store could very likely generate additional traffic
in the area even though they had stated they didn�t feel they
�vould measureably increase the traffic in the area, She said
that this point tvas a point that tivas contrary to the petitioners
of the neighborhood.
Mr. Bergman said that while the ordinance provides for gasoline
stations OR ret�il stores in the zoning of the property, what
was being requested i��as a combination of gasoline and retail.
He said that even though it vaas a fine point it was pertinent
because of the amount and type of traffic and the operating
hours that tivould be involved.
Ms. Shea said that she lvas against the motion because she felt
that rir, Holt had done ever.ythin� he could to try to satisf.y
the neighbors and agreeing to any stipulations that the Commission
had felt �vould be necessary.
UPON A VOIC� VOTE, Mr, Bergman, Ms, Suhrbier, Ms. Schnabel,
and Mr. Langenfeld voting aye; Ms. Shea and Mr, Harris voting
nay, the motion carried.
Chairperson Harris said that the recommendation to deny �vould
go to City Council on February 6, 197$�
2.
ti io—v i, u: r�i:.ii;ixn t��t:,lt',��i7c 1,uPiisr:h: YliK r'H1liLliY CiTY
CODL� S�:C'i'IU;I 205. 101 , j, :d, `1'U P.LLOLY TI1E DLVi,LOPMENT
OF 11 5�000 S�UAR� FOOT GARD�Id C�NT; R IN TiI�IR PAFiKING
LOT, ON LOT 9, P�UDITOR'S SUBDIVISION N0, 94, THE SAME
BEING 5j51 CENTRAL AVENUE NE
MOTIOPI by Mr. Bergman, seconded by Ms. Suhrbier, to onen the
Public Hearing. Upon a voice vote, all voting aye, Chairman
Harris dcclared the�Public Hearing open at 8:44 P.M.
MOTION by Mr. Langenfeld, seconded by Mr. Bergman, to receive
the correspondence from Hagerty, Candell and Lindberg
attorneys at larr, regarding Mendard, Inc. and the dravrings
regarding Mendard, Inc. Upon a voice vote, all voting aye,
the motion carried unanimously.
Mr. Boardman said that the Special Use Permit v�as being
requested for an outdoor garden center to be located in
the Menard�s parking lot. He said that Menard�s r:as attempting
-�- to decide if they v�anted to operate a garden center or not,
He said that the garden center irould initially be an e�cperiment
to see if it rrould or ti�rould not be to their advantaoe,
Mr. Boardman explained the different drar�ings that had been
received by the Comr.�ission, He said that his suggestion to
Menard, Inc, i�as to place the proposed garden center next to/
along side the main Menard Cashti�ray Lumber building.
Mr. Charles Seeger representing Aienard Cashi��ay Lumber said
that the Special Use Permit r�ould 'oe to enable them to sell
trees, shrubs and like items since they did carry lalm and
garden supplies in their main store. He said that initially
it ruould be an experiment to determine if the garden center
tsould be a profitable venture for Menard, Inc. He said that
the garden center vrould be constructed neatly. He said they
would have bark chips on the ground rrith a split rail fence
completely around the center, He said they ivould sell trees
and �hrubs, etc, and he didn�t feel anything in the center
would detract from the looks of the property.
Chairperson Harris asked if the garden center would be next
to the building.
Mr. Seeger explained on the draivings ivhere the garden center
�vould be located. He said it rrould be located in front of
the north side o€ the main building. He said that the garden
center would be approximately 5,000 square feet.
Chairperson Harris asked if the garden center tivould abut the
adjacent property�
Mr, Seeger said that that the �arden center tivould not touch or
join or border on any adjacent property.
5H
�
}4s. Schnabel askeci if the area �rould have additional lighting.
Mr. Seeger said that there vrould be�no additional li�hting used
in the Garden Center. �
Ms. Schnabel asked if the garden center �vould have some type of
greenhouse.
Mr. Seeger sai�i that they erould de.cide on the greenhouse only
if the decided to keep the garden center operating. He indicated
that for the present time, 24enard, Inc, tivas only looking at the
Garden Center from an experimental standpoint.
Mr. Bergman asked if the Garden Center would be strictly a
seasonal operation.
Mr, 5eeger said it rrould be a seasonal operation. It vrould
operate from Approximately April 1 through approximately
the middle of Ju1y.�
Mr. Bergman asked if the ordinance specifieally addressed this
type of situation in the Special Use Permit.
Mr. Boardman said that it stated that all outside sale of
materials must be completely screened. If the outside sale of
materials vaas not screened it �=rould have to have a Special Use
Permit.
Mr. Bergman asked that the Ordinance regarding screening be read,
Mr. Boar�.man read the ordinance that pertained to screening,
It read that a special use permit ttas required if the .
enterprise had merchandise in the open and not under Lhe cover
of the display station.
Mr. Seeger said that the initial objective e�as to test market
the program.
Mr. Boardman indicated that with the acidition of the 5,000
square foot garden center, the Menard, Inc. tivould have adequate
parking facilities.
Ms. Mary L. Mathews of 1259 Skyrrood Lane N.F., explained that
r4enarcis had originally proposed that the product lines they
proposed erould have been consumer oriented such as furniture,
carpet, do�estic paneling, cabinets, mill�vork� appliances and
remodeling material, They had intended to be strictly cash and
carry and they did not intend to service lar�e contractors.
She then rrent on.and explained all the changes in policy that had
since occurred on the property as �re11 as revier�ed correspondence
that had been rrritten regarding the property. She lvanted to knotiv
why the public ivas notr being request�d to appear at a public
hearin� tivhen they liad never been asked for their input on all
the other actions that had been taken. At this point, Ms. Mathetvs
pre�ented pictures to tA.e Cor.�mi��ion shor�ing exnctly ��rhat tl:e
Meuard operation looked like from her property, The pictures
dcpici;ed also the screen that tirac presently being used on the
property. �
5I
Ms, ldathetivs v�anted to knoti�� why the neighborhood�s input tvas being
asked regarding the in�tallation of a garden center r�hen they
v�eren't asked when the '�huge" lumber expansion took place.
Mr. Boardman said that it i�as mainly because of the nature of
the request for the �arden center vrhere merchandise <<rould be
in the open and not under cover of the display shotivroom, He
explained that Menards raas required to apply for a Special Use
Permit to have such an outside display.
Mr. Boardman said that rfenards lvas allo�ved to have storage
of inerchandise solely intended to be retailed. The code read,
"all rae� materiaZs, supplies, finished goods, semi-finiskied
products and equipment, not including motor vehicles, shall be
in an enclosed building or screened on all sides from public
vier� by fence or other approved screening which ti�ras tero feet
higher than the highest item to be stored��, t4r, Boardman
explained that the above r�as an allorred usage, He said that as
the garden center �rould not be totally screened. it-required
a special use permit, He said that one of the requirements of
the Special Use Permit ivas the notification of property orm ers
within 200 feet of the property.
Ms. Matheers felt that she needed legal consultation and asked
that the City Council not take action until she had the time
to do so. She explained that the problems ti-rith the Menards
operation had gone on for over 2� years and even though Mer�ards
.�sa� they riant to be ��friends�t they have not none one �hing �hat
they said the� t�ould do at all the �eetings they have had.
Ms. MatheE•rs indicated that Mayor Nee had suggested at one of
the meetings that had been held r�ith Menards, that a density of
use stu@y be conducted. She vJanted to request that that study
be done.
Chairperson Harris explained that the action at this time ti�ras
to recommend to City Council and that the final action ti�rould
be taken by the City Council. Fie said that there i+iould most
Zi.kely be time bet�veen the action taken by the Planning Commission
and the time it irrent to City Council for Ms� Mather�s to get
legal consultation.
Mr. Boardman said that if the Planning Commission sent their
xecommendation onto City Council, it rrould be handled by City
Council at the February 6, 1975 meeting, He said that If
Ms. riathecJS felt that ��ouldn�t be enough time to adequately
prepare for le�al counsultation� he suggested she bring it up
to the City Council at that time for their consideration.
He said that final action rrould not necessarily have to be
taken on February 6, 1978�
5J
PLAPINIPiG COMiqI;SION idPT:TIN� - JAPTUARY ?5a 197P, Pat�F 1?
5 !:
Mr. Bergman said that tivo things �•rere really being discussed.
One cras the Special Use Permit request ti�rhich the Ordinance
does provide for under certain conditions. FIe said it rras
the matter of rrhether or not the zonin� code or the city
ordinance provide for the type of thin� that the petitioner
v�as requesting to do. He said that the other thing being
diccuesed sras the ouestion of neighborliness on the part
of I�Ienards �rhere there ivas alr�ays back�round of citizenry
complaints and an impression of lack of attention by Menards.
He said tha� ei�ht separate letters had been included in the
package that the Plannin� Commission had before them
regarding nuisance type subjects. He said that he had the
impression that the neighbors are basically upse�ti^rith
Menards in general.
Chairperson Harris said that it v�as his assumption that
it rras much ��deeper�+ than the fact of t�ienard's neighborlines�.
Mr. Boardman said that Menards ivas located in a C2S zone.
He exnlained that the inside operation wwas definitely a
retail operation. He said that ���hat made this particular
operation questionable for this particular zoning sras the
outside lumber operation that they c+ere presently involved in.
Hor�ever, he said that the outside lumber operation vras the
accessory use of the storage of inerchandise solely intended
to be retailed by a related and established principle use. ,
Ms. Mary E. Cooney of 759-113th Avenue NE said that she
o�vned Lot 8 of Auditor�s Subdivision PIo, 9i�, She said that
she tiaas definitely against t�ienards having a garden center,
She said that she had had so much trouble ti��ith Menards, She
said she had all their trash on her property, She said she
had hired someone i:o cut the grass on her property because
Menards had complained her grass needed cutti.ng. She said that
the person she hired v;ouldn�t cut the grass because he was
afraid of l��rectcing..his morrer on all the trash that ���as on the
property. She said that instead of Menards having their snocr
hauled ats�ay, they dump all the snorr on her property, She said
that A4enards refused to pay her rent for the property. She said
she sent them bills but that they totally ignored them. She
said she didn�t r�ant any more garbage and the garden center would
only increase the garbage already present at that location.
Chairperson Harris pointed out that the Garden Center would not
abu� her property.
t�ts. Cooney said it didn�t matter, She ivas stil2 against any
garden center going in at that location, She didn�t like the
idea that she had to pay taYes on her property and then Menards
is able to use it free of charge, She said that the Menards
operation tivas alre�dy a diriy operation and they didn't need
a garden center that tivould only add to the trash problem.
t
Ms, Suhrbier indicated that in a letter dated April 20, �977� 5 L
Mr. L�wrence F. Menard had said he had offered Ms, Cooney the
proposition that he ivould keep her strip of land picked up, mowed
and rnaintained short of vratering and landscaping,
Ms. Cooney said that Menard's couldn�t keep their ovm property
clean and she 1�ranted them to leave her land alone. She said
that she would gladly take care of her property once they
removed their trash from it, She asked if there vieren't any
codes to take care of the trashy conditions of P4enard's.
Chairperson Harris said that something would be attempted to
take care of the problems,
Ms. Cooney said she would give Fridley a chance to do something,
She said that if they didn�t vrant to have Menard�s clean up
their property she �vas going to contact the State Health Department,
She said that she did not rrant any �arden center going in on
their property, She suggested they put the �arden center inside
their building if they feel they have to have one, She said that
she had enough rubbish to clean up from them now, and she didn't
ivant a garden center in the par'.�ing lot that ivould only add to
the trash problem.
Mr. Ron Lang of 12'78 Skyrrood Lane brought up the point that there
was already so much traffic p:obler�s in the area at preser.t. Iie
said that shortly wc*•k vras to be started at the intersection of
53rd and Central, He said that the highivay tivork itself �vill add
to the confusion, without also trying to experiment tivith a
garden center, He said that if Menard�s really rranted to attempt
to experiment ���ith the possibility of a Garden Center, they should
wait until that intersection improvement vaas completed, He said
that they really raouldn�t get an accurate study i�hile that
construction tivas taking place,
Mr. Lang suggested that a Special Use Permit not be grznted
at .thas time, He felt they should tivait until that intersection
update ivas completed.
Ms. Schnabel �vzs
the Fire Lane in
they did not have
building.
concerned that I�ienard�s did not properly maintain
front of their building, She also said that
delineated pedestrian path in front of the
Mr. Seeger said that during the r�inter they did have trouble
keepin� the cars parked far enough a�vay from the building, He
pointed out that Lhe garden center rrould not be in operation
in the ivinter, so it rrould not add to that particular problem.
He said that in the summer people vrould be able to see the
l�nes, and usually abided by parking �vhere it was indicated.
PLANNING COMt4I �SION 1+fi;T;TING - JANUARY 25� 1978 Pa�e 1 t�
Mr. See�er caid that they did offer to clean up Di�. Cooney�s 5�,t
property of not �nly the debris that .v�as from their operation
but also any debriU that rrould come off the freev�ay. He said
they had been told to stay off her property. •
Mr. Seeger said that the PA Systems have been repaired to.the
best of their ability. He said that the systeras have been
iurned ar,ay from the neighborhoods, He said that they have
decreaseci their use of the pagin� system to about six times
a day compared to much more at this time last year.
Mr� Seeger said that Menard's had completely repaved the entire
rear section of the parking lot, He said they had put up
fences ��hen they were requested to. He felt they had done
about all they could possibly do. He indicated thai he could
appreciate the surrounding home ol�mer�s feelings and he said
Menard�s had tried to be reasonable people and get along with
the community.
Chairperson Harris asked if Mr. Seeger was prepared to discuss
some of the items that �vere mentioned in a letter from
Hagerty, Candell and Lindberg, Attorneys at La�xr. He said it
was his feeling that a Special Use Permit would,probably compound
some of the problems. -
Mr. Seeger said he could discuss �ost of the situations,
Chairperson Harris asked v�hat the Garrien Center's hours vroul� Ue,
Mr. Seeger said they tvould be the same as the store hours. He
said it ti•rould not be a late night operation.
Chairperson Harris said that it tvas stated that Menard�s seemed
to be rather unbending in their position regarding some late
night operations involving drop-shipment of lumber.
Air. Seeger said that they presently did not encourage shipments
arriving after 5:00 P,!•i, Ae said on occasion trucks did unload
iheir shipments after that time, ho��rever, he said that since
they had been requested to cease their late night drop-shipments
they had not done so. He said that I�[enard�s crould continue to
hold such evening truckiiig to a minimum so long as it vaas able
to do so and carry on its business
Chairperson Harris said that the PA System si.tuation seemed
to Ue the greatest problem area. •
Mr. Seeger said that the use of the PA System was decreased
considerably. Fie said everything has been done to the best
of their ability. He said it �vas not Menard's intention of
a�gravai;e anyone. He mentioned that they did have a business
to run. -
PLANNIIIG COMtdTSUION t4PrTIP1G - JANU�RY Z5 1978 Pap�e 15 �
Mr. Langenfeld indicated that P1r. See�er had always, in the past 5�
worked with the City to the best of his ability. �
Mr, Seeger indicated that Menard�s had not been drop shipping late
at night since the issue ��ras made last spring. He said they
had rare, occasional nroblems r�hen they had a great deal of
raerchandise being received from the distribution centers, Ae
said on such a given day, they have had up to five tractors
break do��n v�hich rtould leave the remaining tractors to do all
the hauling, He said, that since people vrere usually r�aiting
for the merchandise, the unloading vrould have to continue until
it tvas completed.
Mr. Seeger said he wasn't sure of vrhat actually started the
problems or �rhen, but he said i4enard's did not ��rish to have
these problems on a continual basis. FIe said he rras r�illing
to r+ork tivith the people and the city to preserve the integrity
of the business.
Mr. Bergman referenced a letter dated April 1g, 1g7`] to
Mr. Larry Menard regarding refuse storage and collection.
He said that in the letter the Menard�s-Cashraay Lumber
company v�as informed they utere requirad to eleari and maintain
the areas £ree of all the refuse found deposited there. He
said the letter vras directed tor�ards the drainage ditch north of
the parking lot. He asked if it vras Ms. Cooney's property.that
the letter iaas referring to.
Ms. Cooney�s brother said that it v�as commoa for Menard�s
to dump trash on that property all the time.
Mr. Bergman said that Mr. Steven J. Olson, the Environmental
Officer, had directed Menard�s to clean up that property, but
he understood the fact that Ms. Cooney did not rrant Menard�s
on her property,
Ms. Cooney commented that that nas exactly �vhat she vranted
rienard�s to do. She said she vrould cut her oim grass and
maintain the property herself. 5he said all she vlanted ���as
for Menard�s to clean up all their trash from her property,
Mr. Seeger said that had been their original intent, He said
they had a�reed to clean up the property and to maintain it
for Ms. Cooney also.
Ms. Cooney said she rrould take care of her oivn property; she
just rranted them to keep their trash off of the property.
Mr. Seeger said that those terms would be most agreeable to
Menard's.
PLAPINIPIG C�MMT ;SiON MrETIAIG - JANUARY ?5, 1 q7$ Pat*e 16
50
Mr. Lan�enfeld pointed out that in the pact, Menard�s had not
altray� been cooperative e�ith the City, He also said that ��if��
they vrent ti��ith P4r. Lang's suggestion he definitely agreed with
a compZete study of fire lanes, traffic florr, general safety,
proper removal of rubbish, and proper clean-up of premises daily.
In other r�ords, he said, give Menard�s a means of showing City
a genuine display of good faith.
Mr, Dennis L. Schneider, Second Plard Councilmember, indicated
that the problems ���ith the Menard's operation had been going on
for a long time. He said that one point in time there had been
a meeting betr�een the residents and Mr. Menard at City Hall.
He said that everyone came out of that meeting thinking that
an agreement had been reached; hor�ever, nothing really changed,
He said th t it e�as his general feeling that P4enard�s had
not been �operative. He said they had not responded to the
corresp�dence.that the City Attorney had sent them. He
believed that something did have to be done.
Chairperson Harris suggested that Mr. Schneider, Mayor Nee,
himself, and the neighbors have another meeting to attempt
to solve the problems involved vrith the situation at hand.
Mr. Seeger said that he �vas sure that some type of agreement
could be reached at such a ineeting. He said that there was
really no ���ay they lvould be able to make 100% of the people
satisfied 100% of the time.
Chairperson Harris said that ii had come to the point that
something definitely had to be done. He said that he understood
that Mr. Seeger only v�orked for a Company and that there was
an expense point to consider as far as Menard's t�culd go on
remeding the problems but he felt there �+as some common ground
that could be found to help solve the situations, He sa�d he
didn�t think Menard�s r�anied the bad public relations, and the
City did not 1�rant any more of the ��mess" to continue, and the
residents wanted some solution to their problems.
Chairperson Harris asked if that ���ould be agreeable to the
residents that rrere present at the meeting.
Ms. Matherrs said that it was most agreeable tivith her. She hoped
that i;he planned meeting r�ould finally take care of the problems,
She said she lfould rrait until after the meeting to decide if she
would still need legal cor,sultation.
Pir. Lang pointed out thni; most of the nuisance conplaints
were not all costly items i:o correct. He said that they
bas3.cally needed cooperation.
�
. .,
MOTION by i�r. Ler�mzn, seconded by Ms. Suhrbier, that the 5 P
Public J[earing: Request for a Special Use Permit, ;P i/%�-01, by
ldenard Cach•,•��y Lumber: Per I'ridle;/ Ciiy Code, Section 205.101, 3,
N� to allor� the development of a 5,000 squ�re fopt garden center
in the parlcin� lot, on Lot 9, Auditor's Subdivision PJo, 9J�,
the same bein� 5351 Central ,:venue id.E. be continued until such
time that there has be�n a meeting of hienarcl�� managernent, of
concerned citizenry, and City administration to resolve existing
conflici;s/grievances. Upon a voice vote, a12 votin� aye, the
motion carried unanimously.
Chairperson Harris declared a break at 10;20 P.M.
3. PRPS��TATI011 BY FIIVIROI�n•1??IITAL C0�•P-1UNITY SEP,VICrS INC,
MOTIOAI by P4r. Langenfeld, seconded by Mr. Bergman, that the
Planning Commission receive the correspondence from the
Envirnomental CoMmunity Services Inc, dated January 23� 1978,
regardin� litter receptacles and litter pickup for both Cities
and Shoppin� Centers in the local area, Upon z voice vote,
all voting aye, the motion carried unanimously,
Mr. Boardr�an indicated that the gentlemen from the Environmental
CommunitJ Services, Inc. v�ere present at the meeting to give
a presentation of a trash receptacle/advertiser�ent scheme that
they had, ITe explained that tne reason the item r�ws br.ou�ht
before the Planning Commission rras because of the advertising
value oi the trash receptacles that they had. He s�id that
it r��y have been in violation of the Sign Ordinance beczuse
ii; could be classified as a+�billboas•d use��. He said that
the billboard type use ��ould only be allorred in specific cases,
Mr. Richard C. GiZlespie, President of EnvironMental Community
Services, Inc., located at 2810 - 57th Avenue North, Suite 435,
Brooklyn Center 55430. He introduced to the CoLRmission the
oi:her menbers of the Cor�pany,
Mr. Jack Lindsko�, a retired Chief of the PTavy, who
had much e.cperience in Ouality Control, hir, Gillespie
commented that it rras his belief that to make the
business successful the key rrould have to be quality.
He said that t•fr, Lindskog eras the regional planning .
director of the Pietropolitan Area.
Dr. Vernon L. Stintzi, r�ho had extensive years in
executive nanagement, r:as a professor in a �raduate
business schaol, t•ir. S1;iiitzi ��a� the Regional Pianager
for the Pletronolitan Area, iie tvould be uorlcing uith
the City naltin�; sure the Cor�pany ad'nered to the contracts
. as erell as perform all the promised services.
Mr. Gille�pi.e said that, at thc sug�ection of Mr. Boardman,
he had c��ntocted hir, f�1�rl; Ilac;�erty, thc Precident of the
Chamber of Commerce, i�ir. Gillecpie �aid he ha�,:,pent close
to an hour ��rith the gentlemrxn and that Dir. Iiaggerty had
been very favornble to the idea, FIe �aid that Many of
the ideas of the �nvironmental Community Services, Inc, rrere
i.n close relationahip to some of the ideas that the Chamber
of Conmerce r�ere thinki.n� of in terms of possib]e garbage pick-up
ideas.
Mr,'Gillespie said that some of the services that would be
provided by Lnvironmental Community Sereices, Inc. t�rauld
be:
Trash receptacles at no cost to the City.
Trash pick-up at no cosi to the City.
The units r�ould be kept clean and maintained at no cost to
the City.
They ivould provide liability insurance at no cost to the
City.
A tamper-proof unit ti�rould be provided
Lo��r cost advertisernent r�ould be offered to businesses
1'Jould adhere to com,munity standards on advertising,
He said they vrould not discriminate but they rzould
not try to seek pornographic advertisin� or liquor
advertising.
Mr. Gillesnie said that there rrere three ivays to lose a
business:
1) Poorly managed;
2) "Lousy« idea;
3) Poorly funded.
Mr. Gillespie said that they intended to make sure they �oved
at a pace that they i�rere properly funded, He said that after
they had 60% of the advertising for 100 units; then they ���ould
have another 100 units and so on.
Mr. Gillespie said they had a service that was timely in keeping
with the philosophy of the area business people.
Mr. Gillespie said that they intended to be a permanent business
tvl�ich ��ould talce a leadership role in environmental services.
Mr. Gillespie pointed out ivhat r�ould be needed by the City of
Fridleya
1) Approval to place the units;
2) Place to put ihe tras.", at no cost to them;
3) Cooperation of placing the units.
Mr. Gillespie said that it tiaasn't the intent to place units
wliere i;rach receptacles wouldn't be needed.
1
Mr. Bergman vranted to knov exactly t��ho vrouZd be burdened v�i.th 5 R
the cost of the litter receptaclec. •
Mr. GillecPie er.plained that the City of rridley �vould basically
not be a cu�tomer and they vrould not pay the cost. He said that
the busine�cperson of I�'ridley 1�rould be the customcr . He said
that the City of F'ridley could buy adverti�ernent and they rrould
have to pay the same price vrhich vrould be betti�een ;�18 and �25
per month.
Mr. Bergman said that there seemed to be three parties involved
in the propo�al:
The City of I'ridley for approval of the rraste receptac'_e;
The Customer for advertising to go on the tivaste receptacles;
and the Environmental Community Services, Inc. that orrned the
waste receptacZes.
Mr. T3ergman asked for confirmation of the fact that.there vrould
be no cost to the City of Fridley.
Mr. Gillespie said that the customer ��rould nay the cost for
advertising on the rraste receptacles; he said there ti�rould
be no cost to the City, other than someplace for the
Company to put the trash. ' ,
Mr. Bergr�an asked if the Ci+y vrould have ihe opportunity to do
some "free�� advertising on tr�e tivaste receptacles.
Mr. Gillespie said that r�hen the Company had sides not being
used on the rraste receptacles, they erould make those sides available
free to the City. He said that they �vould have to pay for
their o�vn signs.
Ms. Schnabel asked if the Company had a contract with any other
city at the present time.
Mr. Gillespie said.that they did not have any contracts at the
present time, He said they had talked to people in Brooklyn Park,
Brooklyn Center, Crystal, Golden Valley, Aiinneapolis, St. Paul,
and Fridley. He said that they haven't talked to anyone that
didn't thinli it 1•ras a good idez. He said that they rrere getting
�ood receptivity from all the communities. He said that the
only thing that had to be loolced a1; rrere the Ordinances of the
communities.
Mr. Boardman aslced hotv the �nvironmental Community Services, Inc,
tvould maintain the litter receptacles,
Mr. Gille�pie said that they i�ould have milar linings in the
receptacles that they t��ould tal�e out the old one and replace
with a new one each time. Iie sai& that they aZso omned a
po�rer rrasher unit that fii; in the baclt of a picl� up. Ae �aid .
that the units rrould be spray cleaned and rviped do�vn each time
the trnsh �•ras piciced up. }ie said they v�ould clean them in all
�cz�on•�. TIc caid that '.,he�� rrould c�ci�li tiic insidc , of the
wiits ac it t�tould be necc�sn:•y.
Mr. Gillec�ie uaid that keeping the unit� cican was a very
imporl;��nt part of thcir Company, He said vihat slas bcing sold 5$
to thc community rias a clean unit, good ndvcrtising, and tho
type of cervice that.could be depended upon.
Mr. Langenfeld aslted that since the name of the•Company tivas
Environmental Community Services, Inc., did they plan to provide
any other types of services to the communities other than what
had already been discussed.
tdr. Stintzi said that they rranted to go into the schools and
mee1; vith the superintendent(s) to get their assistance in
trying to start some project-type activity for the students.
He said that he felt the Company c�ould be able to get into
some of the other angles of the business through su��estions
and ideas from the schools.
Mr. Lan�enfeld said that the unit did appear to be a sturdy
unit. He said that it seemed that the Company was providing
a lot of services and he v�anted to kno�v hovr all those services
could possibly be paid for.
Mr. Gillespie er.plained that it �vas a good business, He said
that each unit had four sides, and each.side rrould cost between
$18 and $$25 to advertise on them.
1�Ir. Gillespie said that the t�rhole key to the business being
successful �;�as t�service". He said i;hat if i:hey didn't keep the
units clean and if they don't provide good advertising and if
they didn�t satisfy the b�asinessperson that they }��ere getting a
good deal at loti� cost advertising, then they v�ouldn't be able
to get peaple to advertise,
Mr, Langenfeld asked if the Company would go into recycling
the 1?tter.
Mr. Gillespie said that it t�rould probably be explored. He
said that they r�ould have to have the complete plans before
they ��rould ever venture into such a thing. He cited an example
tvhere recycling �vas attempted r;ithout firm plans and the people
ended up r�ith mass quantities of trash and not knotving exactly
what c�as going to be done taith it.
Mr. Gillesuie felt that the young people in the communities
probably had �any good ideas {;hat could be explored, He also
said that he totally believed in the ��self-interest'� motto, He
believed that there had to be something in a venture for the
other person as c�eli as for himself. He said that if
Environmental Community Services, Inc, eras not going to malce a
profit, then they best not go into the business.
Mr. Bergman awked if peop�e ti�tould really gay to, put adverti�emeni
on trash receptacle�. . �
14r. Gillespie said that it ivould bepedestria� advcrtisin�.
He saia thnt the adverticin� would be easicr to Yee than the
advertisin� that crac put on top of buildings and•high in the
air. }Ie said that the advertisin� �•�ould be eye level tivith the
people �valking and people driving on the Gtreets� He also
pointed out that some of the smaller 'businesspe�ple could"not
afford to advertice on the big billboaras.
Ms, Suhrbier asked ho�v often the tra�h v�ould be.picked up from
the receptacles.
Mr. Gillespie said they ���ould be emptied as often as ti�ould be
necessary.
Mr. Langenfeld asked if
indicatin� vhat type of
type of advertising got.
any type of study had been conducted
return the individual s�ho used that
Mr. Gillespie said that that type of study had never been
conducted. He did indicate that a survey had been conducted
in some communities that had similar 5ervices and that 97°0
of the people surveyed had been ��for�� the units and had
liked the r�ay the advertising ti�ras presented and they liked
the style of the units, He said that the units vtould be
tamper-proof containers that t�rould be for pedestrian use only.
Mr. Boardman said that one of tne things that rras being requested
by the City of rridley rras a��place to put the trash at no cost
to �nvironmental Co�nmunity Services Inc,�� He wanted to knov
i:�hat they meant by that request. He said that the City of Fridley
tvas not in the rubbish hauling business. He said that they did
not have a City Dump.
Mr. Gil]espie said that there r�ere some cities that did have
areas wherei;rash haulers could dump at no cost to them.
Ae said that the Company did not is�ant to have to build their
orrn dump sor�eplace to hauZ the trash out of the City of Fridley.
He said that if the City of rridley had an a�reement c�ith some
place ��here they riere presently having the rubbish hauled to,
his Company lvould e�ant to buy into that agreement.
Chairperson fIarris eaplained tliat I'ridley did not have a City
Disposal area. He said that presently each resident of Fridley
contracted on their o�rn to have their trash hauled away by private
haulers. �
_
5T
t4r. �oardmnn r,aid that Pnvironmental Community..Servicec, Inc. had
mentioned that the City �fould have some type of control over the
typc of deci�n af ndvci•ticement that r�ould be used. f1e vanted to
knot�� r�h�.t they meant by that statement�
Mr. Gillespie said that they ���ould meet rrith th�' City to get
their assistance in developing the quality control of the signs.
Chairperson Harris said that to do the above, it ti��ould take some
special a�reements betr�een the City and Environmental Community
Services. He said that the CiL•y Ordinances did not provide
fox any regulation of advertising copy.
Mr. Gillespie said it could be tivritten into the contract/
agreement.
Mr. Boardman asked what type of arrangement could be made
v�ith the Company to have trash receptacles in the Park Facilities.
He said that if they decided to use that type of receptacles in
the Parks, they probably iaouldn't r;ant the advertisemeni on�them;
hoti�rever� they may r�ant to utilize them for notification of
park/playground activi�ies that �•�ere available. He eranted to
knorr rahat type of costs they lrould be tallcing about.
Mr, Gillespie said that there may be a point that the Ciiy of
Fridley ���ould rrant to purchase some of the receptacles themselves,
He said he r�ould be r�illing to indicate ivhat the Company paid for
the units, and �:ith a reasonaUle profit, they i�rould sell the
units to the City. He said there �•rould also be a possibility oS
a lease agreement betrieen the City and the Company �•ihere the Company
vtould or�n the units and tne City of I'ridley v�ould rent them, He
said that in that case, they rrould pick up the trash and maintain
the units the sa�e as they r�ould do for the other units that
��onld be used for advertising purposes.
Mr. Boardman asked 1�hat the tops of the tra�h receptacles rrere
made of.
Mr. Gillespie said they ti��ere �ade of fiberglass,
Mr.`Lindskog explained that there ��as a neiv plastic in existence
called le�:an tivhich rfas a very durable plastic that had eight times
the resiliency 'chan there r�as in fiberglass, He said
that if 1:he Company r�ould discover that due to weather conditions
or vandalism the fiberglass e:asn�t holding up, the CoLnpany r�ould
have to provide the more espensive lesan cover.
Mr. iangenfeld as!{ed if there rrould �e a��blanlcet" liability
insurance coverage for all the unit-s in the City of Fridley.
Mr. Lindsltog said that the iesue e�ould be discussed t�rith the
lieensed insurance carrier for the State of Minnesota. '
S �
ChairperUon Ilarric acked hotir �he propo�ed si�n��e fit into the
present Si.gn Ordinance in the City of rridley.
Mr. 13oardman said that the ��I3il.lboard�' ciefinition �,raU
"adverti�ement on a property that doesn't pertain to that
property�'. He said that the proposed signa�e tvould fit into
that definition if the advertisement on one of the sides of
the container rlas not located at the same location as the
trash receptacle.
Mr. Ber�man said that a billboard vas clarified as a permanent
structure also, and the proposed signage did not fit that
classification. He didn�t believe that the current sign ordinance
related to ti•rhat the Environmental Community Services Inc. ti��as
proposin�.
Chairperson Harris asked ��rhat size of advertisement tivould be
put on the litter receptacle.
Mr. Lindsko� said that the signs ��ould be 21 inches by 22 inches.
Ae said that he realized that eihat they v�ere proposing was a
unique thing and that the item rlould most likely have to be
carefully revie�red,
Mr. Lindskog shov�ed the Commission an example of the types of
bolts that r�ould be used to secure the top of the container to
the cement unit. He also e�plained to the Commission horr the
signs �•�ould be inserted into the uni�s, He said that a�ood-
type of plastic e�ould be cov�ring the face of the ad�Tertisement.
Mr, Stintzi indicated that the Co�pany rotated the panels during
the first ti��eeli of ezch n�onth. He also pointed out that the
entire unit r�ould be rotated at least once every 75 days so that
no one side/panel ��ould constantly be located at the same angle,
Tir. Langenfeld said that from the Environmental standpoint the
litter receptacles x�ere aesthetically pleasing and feasible,
Chairperson Aarris asked v�hat the Environmental Community Services
was loolting for from the Planning Co�mission,
Mr. Gillespie said they had submiti;ed an agreement that they
wani:ed to get approved,' He said tnat they rrere baUically lool�ing
for the City Council approval to be able to locate their trash
containers on the streets of Pridley, He �aid that ihe sooner
they could get approval, the sooner they could �et contrac{:s for
the advertisements, and the sooner they e�ould start to receive
the income.
TSr. Lindslco� said that tliey �vere not requesting a short-sited
venture. Ae said {:hey r�anted a long (ten year) contract to let
the Gity of I'ridley linoti� that they i:ruly intended to be around
for a long time.
5V
Chairper�on Il�rric explaincd that the contract }�tould probnbly
only be a�recd unon for one ycar to enable the City to be cure
that erhnt :rac Uein� propoced c�a.s really t��hat they r�anted. IIe
said thai: there e�oulcl moct liY.el� be options on .that contract
for renc���al.
Mr. Boardman said that rrhat had to be considered from the City�s
�tanaroint r�as ��rhether they c�ould alloti�r that type of advertising
operation. Iie said it lvould have to be decided if pernits ��rould
be needed for those signs; and if they e�ere needed, do those
signs fall r�ithin the regulations of the Sign Ordinance. He
said that if they did not fa11 rrithin the regulations of the Sign
Ordinance, e�hat types of variances i��ould be needed or ��hat kinds
of amendments to the Sign �rdinances �aould be needed to allol�� that
type of advertisement or that type of signage.
Mr. Boardraan said that it r�as certain that the City of Fridley
v�ould t�rant control of the si�ns that went on those trash
receptacles. He.said that the City rrould want limited control
over the copy of the signs.
Mr. G?llespie said they �•�ere open to any and all competition.
He said that the operation vas not patented nor rras the trash
receptacle. .
5 4�1
r10TI0N by P4s. Schnabel, seconded by Ms. Shea, that the
Plannino Comr�ission recommend to City Council approval of the
concept oi the refuse ciisposal units as proposed by Environmental
Community Sercices Inc. ���ithin the legal limits of the sign
ordinance rrhich may repuire some amendMer.t and with the understanding
that the City, by contract, ��rith �nvironmental Community Services
ti�rould have linited control over the copy of advertisement placed
in the units.
Chairperson FIarris said that there should be a contract be-t�•reen
Environmental Community Services Inc and the City and it �rould
have to be stated esactly hoti�� they intended to handle the business
as r�ell as the dumpin� arranger�ents. - -
UPON 1� VOICE VOT�� all votin� aye, the motion carried unanimously.
�}. RF.CEIVE HUhtAN RESOURCrS CQAtPlISSION MINUTES: J1INUARY 1 8
MOTTON by r4so Shea, seconded by rfr. Bergman, that the Plannin�
Commission receive the January 5, 1978 minutes of the Euman
Resources Commission.
Ais. Sl�ca said that some recommendations rrere made on the Maintenance
Code that the Commis�ion �:�anted to go onto City Council.
UPON A VOICE VOT�, all votin� aye, the motion carried unanimousZy.
Tlie minutec lvere re;ceived at 11;t�0 P,hi.
PLANPIIPI� cnr�tlzr�I�N 1iT;F"PING - JANUARY 25� 1978 P�Pe 25
5.
j�rr;
r
5�
A40TIOII. by M:,, Suhrbicr, . seconded by Mr. Langenfeld,
Planning Commis:,ion receive the Parks and Recreation
minutes of January 9, 1978.
that the
Commission
t4s. Suhrbier said that on Page 61 she hadn�t felt that the
actual item rras nade clezr. She said they r�anted to r•�ork for
the younger kids to get earlier ice time at the arena.
Chairperson fIarris said that he had discussed that item �vith
Mr. Kordiak and 2�Ir. 0'�annon and they rrould be lookii�g into
the obtaining of earlier ice tirae as well as more ice time.
UPON A VOIC� VOT�, all voting aye, the motion carried
unanimouUly. The minutes vrere received at 11;41 P,M,
6. R�CrIVE COrQ�SUPIITY DEVELOPt•i�IdT COP'�RISSIOAi I��tIPdUTES:
MOTION by Mr. Bergman, �econded by Ms. Shea, that the Planning
Commission receive the January 10� 1978� Community Development
Commission minutes.
Mr. I,an�enfeld referenced page 68, the third paragraph,
He felt that the statement could be interrupted as
unit-picking"�
Mr. Bergman said that Community Development �ras unanimous
in agreeing that i�rhen they ���culd go through tne Ordinances
they r�ould revierr it, approve it, and make any recommendations
or stipulations that they £elt r�ould be necessary, He said
that the Comnission felt that they should not nit-pik tvords
The�� felt that they `should revier� the ordinances in terms of its
content� general direction; challenge it as to rrhether it rrould
be good for the City. He said it r�as £elt it should be decidee
if the ordinances t�rere meaningful and if they tJ�ould be reasonably
enforceable. It should also be decided if the particu"lar
ordinance being revieired made sense for the City of Fridley.
Chairpersen Harris r�anted to knor� rrhat t��as meant by the statement
made by Mr. Acosta on Page o9, third paragraph.
A4r. Boardman said i;hat �vhat was usually being looked for vrhen
a proposal goes before the Com�aissions r�as a feel as to the
direction that the proposal should go. He said tney wanted to
lznorr if the content of the Plan raas adequate to do the things
that the ComMission felt the Plan should do, Iie said that if
ti�as decided that it t��asn't adequate, then they rranted to knorr
v�hy it tvasn't adenuate. He said they didn�t need to know all
tl�e little r�ord ckianges unlec� the ckiange of tivords ��rould chan�e
the entire meaning of the statenent.
PLANNING C01iMI�SION MT;T;TING - JANiJARY ?_5, 1978 Pat�e 26 5 Y
Mr. Boardman saici that hopefully r�hen the proposal e�as typed
in final form, all the vrords weuld be put in the proper '
perspective. He said that as long as Staff get§ the general
direction, they can erork from that point. He felt that many
times the Planning ComMission "ti�rasted�� a lot of time nit-
picking vrords.
Chairperson Harris felt that anytliing to do with the Community
was the resgonsibility of the Commission. He felt that
sometimes a lot more time had to be spent going over proposals
because of the content of the proposal.
Mr. Boardman stated that he believaithe Parks and Open Space
Plan rras probably the single, most important document the City
of rridley r�ould put out this year, because it viould have the
most meaninoful e£fect on the citizens. He felt that a lot
of ineaningful discussion had been occurring at the Planning
Commission level. He indicated that he still vras concerned
about some of the nit-picking that had gone on.
UPON A 40ICE VOTE, all voting aye, the motion carried unanir�ously.
The minutes were received at 11:59 p�M.
140TION by Mr. Bergman, seconded by Ms, Schnabel, that the
Planning Commis�ion concur �rith the Community Development
Commission to recommend to City Council the discontinuance
of the Bikei�Jay/�talki��ay Project Comnittee� and that any further
involvement be referred to the ComMUnity �Jevelopment Commissicn.
In addition, that City Council send to current members of
the Bikei�ray/17alk��ray project Committee a notice to this effect
and . a_ thanks for their efforts.
UPQN A VOICE VOTE� all voting aye, the motion carried unanimously,
7. CONTINUED: PARKS & OPEN SPACE PLAN:
MOTION by Mr. Bergman� seconded by Ms. Shea, that the Planning
Commission continue the Parks and Open Space Plan, Upon a voice
vote� all voting aye� the motion carried unanimously at
1Z:03 P.M.
8. OTHER BUSIPI�SS .
"BI:ST HOUSING BARGAINS AR� IN TAr IATNER CITI�S�!
Ms. Schnabel had a copy of this article from the Sunday,
January 22, 197$, newspaper made for each of the members of the
Planning Commission. She pointed out that tlro of the items
she had braciceted in the article that she felt the City of
Fridley could take into consideration.
Ms. Schnabel explained that at the January 24, 1978, Appeals
Commission meeti.ng they heard the requests to construct houses
on 40 foot lots. She said that the result of the meeting was
that there vras a motion to deny the requests.
She said that viith all the revierrin� of the situation of 4o root 5 Z
lot�� che ha� had a lot of problem� of erhat �vas to be done ��rith
the rehabilitation of.a lo't of the er.isting �tructures in rridley
that needed r�ork done to bring them up to habita� dtivelling� as
v�ell as sub�tantial homes to have on the tax roles.
M�. 5chnabel said that she brought the article to the Planning
Commission so that they might discuss at some time the t���o points
she had bracketed.
Ms, Schnabel said that the one point rras that perhaps there
should be a separate housing code for the rehabilitation,
somer�hat less stringent than those housin� codes for ner�
housing. She eaid that the fact i�ras that in rehabilitating
dcrellings, a lot of the work sometimes tiras done by the
individual that o1med the d1��e]_lin�.
Ms. Schr_abel said that the second point r�as that the city of
St, Louis offers a 10-year abatec�ent on property tax for those
people that improved their homes. She felt that vas another
thing that the City of I'ridley could consider especially in
the Hyde Park area. She said that perhaps if the people in
the area had sor�e type of tax abatement they raay be more
»illing to put their money into their oirn homes.
Ms. Schnabel requested that the item be put on the Planning
Commission agendu in the near future.
"ENERGY CCI1t•1ISSION"
Chairperson Harris indicated that at the January309 1978, City
Council l7orkshop meeting erould be .discussing the "Energy
Commission". He said tnat if any of the members of the Planning
Commission had any thougnts on the item� they should plan to
attend that meeting.
ADJOURId1�iLNT
MOTION by A1s. Shea, seconded by Mr, Langenfeld, to adjourn the
January 25, 1978, Planning Commission meeting. Upon a voice
Vote� all voting �}*e� Chairman Harris�declared the Planning
Commission meeting of January 25, 1978 adjourned at 12:09
Ya.M. . . . .
Respectfully submitted,
%%� �C,'L `
ASaryLee Carhill
Recording Secretary
: �' • '
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..
EITY OF FRIDLEY
PETITIUN COVER SHEET
Petition No. 2-197II
Date Received JdnudY'Y 19 1978
object Against Special Use Permit SP #77-17, Superamerica Station
Convenience Store, Lots 27 - 30, Block 4, Hamilton's Addition to
Mechanicsville (5667 University Ave. N.E.) (Oaen 24 hours a dav.)
Petition Checked By _ __ Date
Percent Signing
Referred to Cicy Council
Diaposition
5 CC
January 16, 1978
Attached to this Petition are six numbered pages of
criteria taken from government documents which relate within
the context as herein set forth.
A PETITION
TO THE PLA'?NING COMMISSION, CITY OF FRIDLEY, Richard Harris,
Chairman:
We, the signatories to this Petition do hereby request
that an all-night operation applied for by the applicant in the
name of Superamerica Station Convenience Store, be rejected.
We submit our request, in part, on the basis of six pages
of criteria calling attention to pollution hazards and how to
curtail them. Peace and composure are closely related to restful
sleep.
We summarily reject any notion that we be held responsible
by word or otherwise for the ridiculous overbuilding of gasoline
stations in years past.
We further reject any suggestion that fenced walls with
ballasts can serve as adequate protection against polluted par-
ticles moving with the wind in varied directions, and noise
pollution.
We reserve the right to seek redress through the courts,
should this become our only recourse.
We reject installations of added lighting such as might
adversely affect nearby residents at times when they look for-
ward to a time of restful sleep. Night time was made for sleep:
Also, we are aware that hold-ups and shoot-outs cannot be
ruled out around an all night operation.
We are opposed to added traffic after-hours, such as
would be of convenience to inconsiderate drivers who are prone
to rev-up motors, added to quick starts, sometimes coupled with
loud voices.
We want nothing added to overall late night problems,
such as are experienced along well traveled roads, such as
University and 57th Avenue going eastward.
Finally, we reject the proposed operation as we know it.
Signatories to the above Petition:
,- NAME ADDRESS . � � ' +
'�:'" � ( . ,(/, . t,`�' �/ _ .. �1.. �. j. ii- /
/�lrt C�. -v- .c.�_/...
.���������f/c..�. 6G�/ i - =i c�.� %b�_- �.��� /,
- 'i
PETITION TO PLAP7NING COMMISSION, CITY OF FRIDLEY Page z 5 DD
�
NAME ADDRESS
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PETITIQD] TO PLANNING COMMISSION, CITY OF FRIDLEY
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Page 3
ADDRESS
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MEMO T0:
MEMO FROM:
DATE:
SUBJECT:
Nasim M
Richard N
Qureshi, City Manager
Sobiech, Public Works
January 27, 1978
Director
City Acceptance of Utiliti.es on West Bavarian
Pass in Ir.nsbruck Villages Plat
During the 1977 construction season sanitary sewer, water
and storm sewer and appropriate service connections were
installed within the public right-of-way of the referenced
plat by the developer. Utilities were installed according
to plans and specifications prepared by the developer and
approved by the City Engineering Division.
Public Works personnel have inspected the facilities and
find that construction was performed in accordance with the
approved plans and specifications. Maintenance bonds for
the utilities are in effect until August, 1978.
It is requested that the Council consider
utilities as part of the City of Fridley
February 3, 1978 City Council meeting.
RNS/jm
cc: Jim London
acceptance of the
system at the
�
'�e�a�ne � ��,�on
�an�u��in� �n�inee2l �nc,.
7097 Hlghwoy 65 N.f. Suite 701 Minneopolis, M/nnewto 55432 Phone: 612-571-Q470
January 11� 197fl
A�. James London� Vice President
Darrel A. Farr Dev:;lopment Corp.
7286 North 72rxi Lane
Minneapo]is, D.iinnesota $�28
Re: Project Status-Project Tlo. 76-10
Innsbruak Villa�a�es (FHA 31t15)
Fridley, Miruiesota
Dear Jim:
This is to indicate t,he status of the rough gradir�, street,
sanitary sewer, water and storm sewer work included in Project
?6-10 plan� and specifications. The work tiras divided into two
separate contracts.
The utility portion Sor sanitary seiver, water, and storm sewer
construction with Devaney Construction Co., 'j3 106t;h Avenue 1d.E.,
Rlaine� Minnesota is coreplete and has been accepted by the City of
Fridle,ya The final estir.�te for this woric was issued on October 1,8�
1977. The final contract amount tivas 4�99,629.35.
The rough grading, street and curb construction portion o£
the contract was with klexander Construction Co., Inc., 11�561
Johntly Ca'ce Road, Apple Valley, hflr.nasota is approximately 99�
complete with some minor corrective work and cross gutter construction
remaining. This will be coenpleted when weather perm3ts and should
he accepted by the City in Jur:o 197�. Payments to date have been
�92,718.15.
The above work is total o£ the work included in the plans and
speci.fications for Project 7Ei-10, 7nr.sbruck [-illap,es. I hope the
above informatior, is satisi'actory for your purposes.
cc: T:r. Richard Sobiech Y
l�ire.ctor of Public i9crks
Cit,y nf ?ridle,y
Alexamier Const. Co.
Sincerely,
�• '�
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son, P.E.
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_ �1' _. , i �_,.
RESOLUTION N0. - 1978
A RESOLUTION AUTHORIZING CHAN6ING THE 1977 BU�GET APPROPRIATIONS
WITHIN THE GENERAL FUND (VOLUNTEER FIREMEN)
WHEREAS, The City Council has previously authorized certain
expenditures beyond the amounts allocated in the 1977 Budget,
NOW, THEREFORE, BE IT RESOLVED, That the budget for the General
fund be increased in total and reallocated as follows: Said increase is
possible in part because of revenue coming to the City from the two percent
rebate on fire insurance policies.
ATTEST:
REVENUE
Refunds - fire Insurance
APPROPRIATIONS
Fire
Emergency Reserve
$ 7,925
$17,900
9,975)
7,925
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY Of
FRIDLEY THIS
CITY ClERK - MARVIN C. BRUNSELL
DAY OF , 1978.
MAYOR - WILLIAM J. NEE
/]
:
T0: NASIM M. QURESHI, CITY PIANAGER, AND CITY COUNCIL
SUBJECT: BUDGET TRANSFER FOR THE YEAR 1977
DATE: FEBRUARY 1, 1978
PAGE 2 �
and insurance mo�eys. Also, we do not charge the pension cost to the
department in the same manner as we do for Volunteer Firemen. With respect
to the Police Officers, pension costs are charged to the department on the
basis of time worked. Therefore, the department's budget is not affected.
In addition, we have adjusted the amount of taxes that the City will turn
over to the Pension Association for the month of December. The balance of
approximately $15,000 will be made up in 1978. The amount of the insurance
rebate for Police Pensions exceeded the estimate by $23,162.
The City will benefit by this $23,162, as the City will contribute that
much less in taxes to the Pension Association for the years 1977 and 1978.
The other problem relating to the Fire Department deals with pay for Volunteers.
Fire calls are paid twice yearly. In making up the December Budget transfer,
which was based on the November report, tt was expected tfie overrun on fire calls
would be balanced out by the under expenditure in other areas, but such was not
the case. The 1977 Budget was apparently under budgeted about $10,000 in this
category, based on prior history.
MCB:sh
Attachment
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7C
RESOLUTION N0. - 1978
A RESOLUTION OPPOSIN6 THAT PART OF HOUSE FILE N0. 1737 RELATING TO
DISTRIBUTION OF POLICE STATE AID
WHEREAS, the Council of the City of Fridley enacted an ordinance
on December 15, 1975, which provides that all newly hired Police Officers
are to be placed in the State-Wide Police and Fire Retirement Plan, and
WHEREAS, This action was the result of many years of negotiations
between the Police Officers and the City, and
WHEREAS, The purpose of the Council action was to reduce the
employer's liability for police pensions, and
WHEREAS, House File No. 1737 would effectively negate the efforts
of the City Council and the Police Officers of the City to hold pension
costs to a reasonable level,
NOW, THEREFORE, BE IT RESOLVED, That the Council of the City of
Fridley hereby goes on record as being opposed to that section of House
File No. 1737 which provides that the State Aid would go directly to PERA
for the purpose of increasing benefits with no reduction in the employer's
liability.
PASSE� AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1978.
MAYOR WILLIAM J. NEE
ATTEST:
CITY CLERK MARVLN C. BRUNSELL
:
CITY OF FRIDLEY
MEMORANDUM
T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL
FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR.
SUBJECT: HOUSE fILE N0. 1737 RELATING TO DISTRIBUTION OF POLICE
STATE AID
DATE: FEBRUARY 2, 1978
House File No. 1737 introduced by Representative Anderson on
January 17, 1978 deals v+ith the distribution of the two (2)
percent insurance rebate on fire insurance policies and the
two (2) percent rebate on automobile insurance policies. The
bill would provide that the distribution of State Aid relating
to the automobile insurance company, which is dedicated to
`Police Officers' pensions, would be distributed to the City and
to PERA based on the number of Police Officers in each plan.
The problem with the proposed distribution formula is that the
money going to PERA does not reduce the employer's obli9ation to
PERA. This money would be over and above the normal employer's
share of PERA, and is dedicated solely to increasing pension
benefits for Police Officers. This, in effect, increases the
employer's contribution to the plan, and would effectively negate
any cost savings realized by transferring ne4r employees to PERA.
Much of the work that we have done in the last ten years trying
to work towards placing new police officers in PERA would be
lost if this bill were to pass.
It is my suggestion that the Council vigorously oppose Nouse
file No. 1737.
MCB:sh
Attachment - House File No. 1737
• �
, • . . . .
:?i;4 � . • � � , . � Pi 33+n. 8 B
�� , . . .�
, ... _.. . . ...:..'...:. ..:...
� _ :.. . .. - . .
j' Sn:roduced by x. Andornon • � H,F,'No. 1737 � '
, • Janu�ry 17th, 1978 :
Companion S,F. '
� Ref. to Com. on Covernmental Operations ' Ref. to S. Com, on
� Reproduced by PHILLIPS LEGISLATIVE S�RVICE
i . '
� . . . .
I. ,' . .A" , . . .
� :,' '.,
� . ' • _ .
. ,
1'. ' . A 6tff for an act '
2., refattng to retfrement; dlstributlon of police
3 stat^ 31d; amendDna Nfnnesotz Stztulesr 1477
4 Suonlement, Sec`ions S?.023, Subdtvisions Sr 6, �
�5. . and 7; and 69.031, Subdivision 5.
5 � � .
7� Sf IT ENG',TED BY THE LEGISLAiUitE DF iHE STATE �F ,yIA�ES�fAC •
8; Section I. Minnesota Statutes. i477 Suppfemente '
4 Seetion b9.�21, Subdivision 5, is amended to read:
' T_0 Subd. 5. (CALCUL4TID\ DF SiA7E AID.; The amount of •
!1 state atd avallable for apportlonnent shail be two percent
:2 ot :he tire, Ilghtnfng, sprtnkler leekage and extended
, !3 coverage premlums reported to the commfssloner by insurers '
14 on tbe Nlnnesota Ftretourt Premium Report and two Derr.ent of
:5 the eremtcas reported to the comalssioner by insurers on the
• 25 Rinnesotn 41d to Polfca Premlum report., The �mount for
:7 apportionnent In respect to t6remen's stnte ald sha11 not be
18 greater or lesser than, t�e amount oi premium te.xes patd to
19 the stata upon the prentums reported to the commtssioner by .
• 20 tnsutcrs on the Mlnnesota Ffretoun Ptemfum ReDort. 7he
' 21 �tOtel 9mo�nt fOf 8pp0�tfOnmOnt Iq ►@SpeCL LO p011Ce Stflie� �
�2 sCd,ahall not bc greate� or lesser than tne rtmount ot ,
. , , :
. . _ � , '
c
_ .
•,. .
t33'.8
1 �
a
PR ,3348
] �temlu�n taxas patd'to the stnte upon the premiuns reported
2 io iho tommtssloner by insurers on the f5fnnesota Ald to
3 Potice Premfum RePOrt. The total amount for aPPOrttonment
4 in resoect to police �tate atd shnll be—�'rsbr'rbctee}—tio
S atlocated b^tween the counttes tor apportlonment to �
6 x�unicipalities matntalning police departments in which
7 vfticers sra members of a local tetirement associat[on and
--------------------------------------------------
8:s—��rze�n47 the aublic erploYees retirement associatlon
9 an the basis of the^nunber of active potfce`oEftcers, zs
2D asrtified pursuant to sectton 64.D11, subdfvtslon 2, cfause �
21 tbl � HIID are members of a tocal retfrement associatfon or
--------------------------------------------------
1.2 are members nt the public emPloYees polGCe and itre fund
�__�—_—__--_____�-------------------�_��.______�___—_ . . .
13 respeoYiv^ty . The commisstoner sball calcufste the
14 .aercen*.a4? of lncrease or decteas^ reflected (n the
� if b�e
15 avvnrtionnent over or under the prevlous Year s ava a ,
I5 s:atE ald ustno the sa�ne premlums as a basis,for comvartson.
I7 Sec. 2. �finnesota Statutes, 1477 SupPtement, Sectfan ''
SS SB.DZ1: SubdFvision 6, is amended to read.
IB Su4d. 5. [CALCUL4TIJV DP AP➢�JtTI�Y4EN7. DF A1D TO
2D LDUNTIFS.1 Nith respect to tf�emen, one—half of the state
21 aid available shali" be dtstributed to the countles Fn —
22 prnvortion to thelr popu(ztfon as shown by the last offictal
23 statewide iederal census. The renaining one—haif of the
24 staie atd a+caTlable shalt be distrlbuted to L'he countles In .
25 ''�roportion to '.heir assessed oroeerty valuatfon, excluding
. 26' aineral v�tues. -
Z7 In She case of tncorporated or munkclpa! fire
23 devar�:nents turnlshin9 iire protectlon to clties, to++ns or
• 29 townshlps in othet counttes as evidonced by vntid flre .
3D serviee conttacts 11fed uith the commisstoner of Insurance
31 and aounty audltor the.distrtbutloo to the respective
3? aouniies shall be adjus`•ed proportionately to take lnto
� ' 2
i
A
. .C33'+6 , • . , • •. PR 33GS 8 D ��I
0
1 constderatton the crossover ftre Drotectfon service. The
2 amoun: of tfremen's state a1d apportioned to BECh covnty
3.shall not be I?ss thxn i00 percent nor more than 150 percent
4 of the average state atd calcutated for app�ortionment to the �
5 county. ?rovided that if the amount ot aId so calcutated 'es
6 either grezter or Iess than the amount o1 aid avatlable as
7 cafculated in subdivtsl'on 5 each eounty's proportlonate
B share of the state aid shail be reduced or Increa.sed on a
9 vercenta9e Sas[� so that the amount of atd apoortioned shsPt
ID not exceed the amount ot tax coltected. Other necessary
11 adjus:s�ents shall bo made to subsequent appo�ttonnents. Ro
:2 coun*.y shsll recetve less than provided for under th[s
23 subdlvlsfon. .
I4 . The state afd ava(lable'Fn respect to po��ce ofticers
15 sha11 not exceed the anoun: of tax coliected snd shall be
15 dta�r}SrSrd—ho_al�ocated bet+reen the coanties and the � �
!7 aubtic employees retirement assoclatfon in proporYton to the'
16 totat number of act(ve police oificers, as defined tn
!9 section 59.9I1: subdfvtsion 2, cl3use (hIr En e2ch countY
20 rho are employed either by wunicipal[ttes malntaining pofice
22 dePartments or by the county , and t�ho are me!nbers of a
22 local retiremen: associatlon or of theVpubtic employees
---------------°----------�---------------------°---
23 police and tire fund, as the case may be . Any necessary
24 adJustnents shalt be made to subsequentTzpportlonnents.
25 Sec. 3. Mlnnesot� Statutes. 197� Supplement, Section
^ 2S 59.�21. Subdivfston 7� Is a:nended to read: - '
�
21 Subd. i. IAPPORTIORNE1�i OF AID Tp !1URICIPALIilES AYD
2B `ICENEk'S RE�IEF ASS�CIATI��S BY ,OUBTY AUDITJR.1 (11 iha
29 county auditor shall aDVOrtion ihe state aid recetved by h!�
9� relative to the premiums reported on the Mlnnesota Ffretown
31 Prem�um Ceoorts il.ted Pursuant to thfs chapter to each �
??. nunictFatity and/or tlre!nen's rel�rt T�socfation certlticd
�
e
. .
C334B
,
PR 334II
� 1 to h(m by the commissloner In :he seme manner that s*.ate aid
2 Is.apportloned to the counties, one-ha(f !n pravortlon to
3 tAe oopulat{on and one-half in provortlon to the assessed
4; property vatuation of ttie ftre to.rns in the courtty for uhich
5 aid Is Proportfoned. The county audltor shall anPOrtion the
6 amoun: of sid to each �unlcipa�ity and/or iiremen�s re�lef
7 association Tn an amount not less Lhan 100 percent nor more
B'than 153 percen*. of the a�erage state aid catculated for
9�pportionr.ent to the muntcfpality and/or firemen's retlef
ID associaYion. Provided that if the amoun: of sfd so
1! catculzted is either greater or less than the amount of eid
I2 available as calculated in subdlvislon 5 each municipaFfty's
13 �nd/or firenen's reltet assoclation�s praportlonate share ef
14 the stete atd �halt be reduced or irtcreased on a percentage
15' basis so that the amount ot ald aDPOrttoned shalf not er.ceed
16 the amount of tax collected. No �un�ipatttY or firemen's
27 relief association shall raceive less than provided for
19 under this subdiviston_
19 In the case oi municinatlties or independertt fFre
29 devartments quallTying for the atd the county auditor shall
21 calculats the state aid for the aunlcipalttY or retfef
22 associaiton on the basls of the population and the propertY .
?3. valuatfon of the area turnfshed fire protection service by
24 tbe ftre devartmeni as evidenced by duly executed and va.IFd
25 iire servic>_ agreements fFled uFth hfm_ If one or more iire ,
• 25
p7
�g
?9
depa�tments are turnlsbing contraoted itre servEce to a
ctty, toxn or toNnshfp only the ooputatSon and vaivatton of
the area ser�red, bY each fire department shall be conslderod
in calcul�ting the state ald and the fite dopartments
:: 'crnishln3 �ervlce shall enter Into an aoreement
31 .aDFOrtiontn9 smong ihemselves the percent ot the poputation
?2 and ;he assessed Proeorty veluztlon of each service aree.
4
i
. i
8E
� ,:33±8
.
pR 3348
1 49reement shatl be In wrttin9 and ilted wlth the
2. commisstoner in duplicste. The commisslo.ner shal� Torward
3 one copy ot the agrecment to the county aud4tor of the
4 county Hhereln the ffr^ department Is loceted and retain one
5 cooy_ .
6 tn the case oi citfes of the fTrst and secortd class Lhe
7 state aid caicutated shall be pald dfrectlY to the treasurer
g�f the rellet association. In the case of atl other
9 nunicipaltties and independent fl�e departnent relfef
IJ zssociat[ons or retfres�ent plans the a[d shali be paid to
21 �the treasurer of the municlpailtY where the fire department ��
12 is located and the treasurer of the muntcfpalitY shatl
13 .rithin ;J days transmlt the aid to the rellet assoc[atTon tt
I', the reLtat associatfon has filed a ttnancla� report with :he
L5. treasurer of the :nun[ctpallty and has met al! other
15 statutorY proytslons pertalning to the aTd apportlonment.
2T She county auditor and commtssloner are hereby �
13 emooNered to make rules and regutattons to perml: the
24 administr3tlon of the ProvEslons of thfs sectton. .
2D (2) The county audttor shall apvort[on the state potice
2! aid r9aeived by Itlm to each municlpa(Fty—srtd-4e—':he—eosat•Y
22 In wbich police officers are members oi e local re:irement
---------`---------°------------------'---------� '
23 lssocia:ion in thc fallo�:ing manner:
2y [aY For alt muntciPaittfes maintalning police
?i-.departnents—and—thc—connby , the sta.te aid shatl be . -�
26 distrtbuled by tha coun:y auditor in pr�oDOrtfon to the total��.
27 number of volice offTce�s, as defined Fn sectfon 69_DI.I.
29 subdivis[on 1, ciause (h), employed by each munfclpalttY-!�rr�
>_9 bY-4he—ennnby xho are members ot e local retirement ��
3� assoctT:lon ;
31 Eb}^Fe�—eeeh—nnn*e+pe++EY—KM�ck—eertbrrtc!s—rr'rCh—bhe
32 -ennty—fo�—po+fec—eerr�acT—tt—proPOr4�orto-�r—amoanB—o-R-4Mr
i
c
• .. .... . .
C'.'.;B ' • , , � PR 3348
. � � . � �G
1 �lxbe—c'rd—df�kr�bd°cd—!c-4h�—corntY—based—on—Ehr—Fn�1--�'rRe
. ' 2 eqd�rs�enb—nambrr—eP—poti-oe—eftreers—p�o-r'rdFrvg—tertbrrr4.
3 srtrrce—ahr+}—bc—cr�di4rd—agc'rnsb—�hc—rtvrt+efpr+rbYLs
.� . _ .. . . . . . ..j
.. ' 4 :oniract—eb+r9�°-+ent ' .
5 {�} (y) For each mun[cipality which contracts uith
6 another ,r.unicipatlty in khich po�ice otttcers are members ot
---------------------------------------
7 a local retirement associztion, tor police service, a �
---------`--------------------
9 proportionzte anount of the stzte atd dFstributed Lo the ,
9 TunicEpality providina contract servfce 6ased on the fuil.
� 27 tlme equiv�Jent number of police officers providing contt3ct.. '
?i service on a tutl tfine equivalent bas[s'shall be credited
I2 egalnst the contracY oSllgation of the municfpa.liiy
'23 receivi'no contract servlce; '
14 Ed} fc1 Except as resu(ts irom the dlstribution of
r «
-------------------------------,.'—_---------
1� sia.e ald directly to the public employees retirenent
-----"-------------°—°----°-------°---------�r.
15 associatiun, no municipality entitled to receive po!(ce
17 state aid shall be apportioned less polfce stete aid for any
18 Year under Laws 1976, Lhapter 3ISr tnan the a+nount which was
19 apportion>d to 1t for calondar year I475 6esed on premiums
27 reDOrted to the conn[ssloner for caiendar year 1474,
21 provided, the anount of police state aid to other
22 muntctpalittes within the county—�rvd—to—�h�—mo-vn4y shatl be
23 adJusted tn proportlon to the totaf num6er of polFoe
24 office�s In the muntclPatitics and the county, so that the .
•25 amount ot pofice stnte ald apportfoned shall not exceed the
' 26 amo�nL o` police st2te atd avaltable tor apportlbnment.
27 The coun4y auditor and commissfoner are hereby
28 emDOwered to make rufes and regulations to permit the
29 adminlstration oT t�e provlslons of this sec:[on.
.'•7 Sec. 4. �Sirtnesotz Statutes. 1477 Supplcnent� 5ec!ton
3: 54.�31, Subdivtsfon 5, is amended to readc
32 Subd. 5. :ID:PDSIT DF SiATE �ID.) fl) The munielpnl
6 '
._.. ;....__.. ... ._�..,.__.
' C'..� S 3
_ PR ?36S
1 treasurer. uhen the state aid and t2x Is recelved bY hin.
2 shali wi:hin 30 days after recelnt pay over the portlon of
3 it attr39u:ed to premlums reported on tbe �}nnesotx Firetown
; Fremlum �eDOrt to the treasurer oi the duty incorporated
5 {ireeen's relief associxtion I{��'}TOrC-'!'°�CRNOfR,�,R't-�CG��7RL{
6 the association has tlled a ftnancial.report ulth the
7 nunicipzlity; Sut lt-.4�rt-i-s-rte-re�i-ef-rscaetr°+erv
S,4f5kRTtCC�r-or-if any a�sociatton dlsso�ver be removed, or
9 has hereto`ore dissolved. or has been removed as ttustees of
1.� s:ate aid, ;hen the trezsurer of tM1e muntcipatfty shall keep
I1 .the money In the municipzt treasury as provtded tor ;n
12 sections ;2+.30 znd 424.31 and shall be dtsbursed oniy tor
13 Lhe purposes and in the manner set torth (n those �e'c:tons.
14 {21 The mun]cip21 treasurer, upon receTpL of the state
25 aid and tax attributed to lnsurance premiums reported en tfie
iG Ninnesota ATd :o.POlice Premium Raport, shal(-d�sbvrsc-�he �
I7 �i4�E�CtC-rR-?�f}@-f�T�FOMt'fYq'M3Rh^t:�
1 B S-4i���Ot'L'fM1tlRYC-Fp?f-i-tY-tt*-xki-oh-a-?-trcAt-pai-Yat-rebrefr
2� `e�e��R?TOq-ex+�9s-end-e+1-co4rtr-o-xf-Fcers-art-teaS�rr�-of-
2� th�-ss-ae-at�anr Lransnit Lhe :ota( state atd-saa{-f-b�
21� Fr-n-nr�Eca to the trezsurer.oi the reltef associatlon
?2 xlthtn 3D days of the dzte of receTpt . a�d the treasurer of
23 the relief associatton sha�l tm�edla*_ety deposit the totat
t4 stste ald In ihe special iund of the relief association-;- .
25 fS�-=or-a-r,.nnr�+r,+i-4Y-i�r.-K4'rcM-po+:�m�-rr�fre��rtb ---
?6 roaetc5ri-s�-prorfde�+-bY-Ehc-pebi-i-s-tTpFPy�ts-pot-t:o--nn�d-t'rrr
•'.7 '�vnd-artd-sii-pe+i-ec-oi-Fie-r--tre-Remtrtrs-P:�-b4r^�rr.c�r-t4e
26 beEa+-shaEe-c}d-�ha�+-�c-apP'�{-cd-Eox�rrd-8h�-mrrrtFer��{-i-trYiT
?4 e�rtn�-oyrr-eart?-r�tre+:-tert-Ec-L`kr.-pabl-rr-enp{-tryr�a-pe+i-ee-er.d�
?9 fT�r.-!�rnd-paradsnS-SC--to4�ert-353:65r-�a6d}r�ifort-?r-errd-sry
'.I s!s`r-r'rd-}�-ex�r�a-oP-tkraROant-r�qni-��d-b-Krr.:-t4r •
q? ;•�••i;•y�rs�--antri-}r�'ren-ndr-x�r�l-�e-zerf�ort-�5?r65T
7
i
. . . . . . . . � w .. . . . .
C3'.99 � PR •3346
1 �nbdrris�on-3r-�he}+-e1-ao-be-tortbr��a�s��c-Ee-6ht-pnbf-f�e
2 e�ofeyeea-pati�e-tnd-4}r�-Prnd-rrte}-rrec�{r:-rd��Yn-4ht-msnrttrbe
3 S�-aoeorf-red-6y-thr-beard-of-tras��es-et-Ch�-pmbti-t
4
5
5
tmp}eyets-rc�4remenf-cs�oo+e�frn-ti-ar
{�}_cer-x-martr�+px+'rty-'rn-Kh'rok-both-a-pe}'ret-�e}+rf
sssoe=z�}on-cx��!--cn2-pe}}��-rcb'rremert4-cererege-*s
� 8 1
7 praYi-ccd-rn-rtr=-�Y-=-h�-Dtl}}rt-CT(�{�QY�'CS-p�i'Y:C�9RC�'�ftfC ' - -
� .. . B ..Fandr-LFe-a�n'rerag+try-neY-e+ect-o-4-'rta-ept�-ort^�u-krsn-ni-E � �
° bMe-zek�=-9�c4e-c�d-xo-�he-`-rees�rrer-e�-the_^•i-{-rf
�1D e7oaertr54on-es-prorrc+rc'-trt-thZa-ssbd'-YtStbR}-:-P-tY�C-t'Ft� �.
2? �Lo°.ai--��w�e-atd-�tr-cPPi-Y-Lerearc�-{�4e-rtartr�%-P¢i-��Yis-tnPi-±Yr� .
12.� eon?:r'rcn�}ert-4e-°he-�ab{-'re-e�p+o-Y�r�-pokrcr-mnc'-f-'rre-fertc�
F3 saS�ecb-to-r{-T-±he-�rerrs+en--se8-�orth-i-n-eTsvse-f�}r-er-�a
I4 x+i-ab-4he-'-o-S,+-��cie-�ti-d-ero-parSrena�efY-4e-b•c-frtrrsn�:t!-sd
15. '-n-Sht-pa=ro--rri-TeF-assoere8�arr-¢s-prori-dcd-rrt-:-4"rs �.
I5 snb�-�visTen-and-do-npntp-`�xtrd-bhc-.r,err}c�psf-'r!-Yts-ea�{-erer
I7 ton3rTbrf�on-4o-�ne-pe'otrc-o-�pi-oY^e�-po;-fee-anc�-fi-rc-grn� �
18 �nb�ce?--`c-who-prnvrrFarts-cb-a+e�se-fb}-crt-�ka-brsi-s-ef-b}..
19 tespetti�ae-nembnt-e�F-czE-i�ro--fn{•+-�i-mr-paf+ct-o-Ffii��r�r-ts
�p
2i
22
?3
24
�5
LteL:•RCG��ff:-:'CC�"FOR-EYC: �?-� T�9CC't�'FSFY'Si-en-}�rckses�-fh}s-
E3�-i-he-�eaniy-trceaarrrs-n7ert-r�orTp�-e$-Eh--po+TCt
r�a 4e-r, r eF-;� o r-4 k r�o �rt byrz �*s+t-o-p p}Y-0 h r-4 a�s+-s 6etre-2i-d
Enr.o-rd-zh>-oenn�Y+z-ene}nyer-o-ent���ba�i�ert-Eo--l�hn-patr{-;-t
�ma}eyces-pe{-t�o-snc�-'�rc-fnrtd-pnrsaentr-fo-s�eti-arr-353-65T
svSd}r�si-en-9r-end-anY-s�aEe-atd-Frt-cxtcss-e�-thc-arroe�t
• ?6 1`Cqtl'ftCLi�40-TItC��LFrC-CT(ri�OyCP�S-C�RtftbtSL`}QR-pCf7CCfrt-tD
77 SCCiTC!1�?�j3:}yT�'JCStfYY�F�'!OR�3T�S�lS'f"�'�'Ci-SP-6C�COR!-ttbtlSCG�-.O
2° thrpnb+re-pnpfo7c�a-pei-i-ar-and-frre-Pand-xrtd-eredrErd-+rt
29 !hc-man�r�-le-ba-�peetft�d-�Y-tk�-6ntrd-eF-brnstrerT-oF-bh�
3� At!!�'�'YC�PTrp�tYeP�-tf£+rfTCR!�-x��OC'�SEfCfts-
31 State afd pay�bie to a municipaltty tn which police
32 re.lrerent coverage is provtdnd by both a tocal retirenent
n
�
�
1 �
e
.
.'
m
C33;�
. . r . . . ...
• • PR 334II � �
l-associn:fon and the public e.r.ptoy^es poPfce and tlre tund
�-�-�_..--'------------------�--------------'---
. �---------
�� 2�shall 6e based solely upon the nunber of potice officers uh��
'---------°--------------------°-
------°----------------
3 are members of the local retlren:nt associztion.
4 Sec. 5.` [69.0351 IDISTRIBJi(7P! pF STATE A1D; P.E.R.A.
i POLICc JFFICEB5.1 Subdivision I. Distributtons of state s�d
-----------------------°-----------°-----
6 on behal�f of police officers uho are menbers ot the publlc ��
-° ^-�----------'--------------
7 eTployees^polic� and fire fund shail be made directly to th=
'---- ------------------------
---------------------
B aublfc employees retirsment association and utilized by the
-----------------------------
----------------------------
. 9 assootation for the purpose oT }nproving benefiYs tor pol�ic^�
--------°---------°--------
-----------------------------
I.� otttcers =_nd ±heir survivors. '
-----------------------------
F1 • Suhd. ?. Secttons 69_OZ1 and 64.032 shall contFnu> to
_____________�__________________
__________�_______— .
F2 govern_th= distrioution of state aic+ :o loca! oolice
L3 retirement_assecia;.ions. The d(stribut3on ef state poiiee •
].4 aid_to_the_pubiic enployees retire,r.ent associatfon shalf r.ot
----^---------------•-----°-----
---^-----�
,�15 aftect the obiioation of the empinying coun;y or �
.�:G nuniclpality_to_make the employer's cor.:ri'uut!pn purs;:a«: `p �
---------------------^----- �
I� section 3i3.65, su6division 3.
------------------------------
Ig Subd_ 3___\ot ta_er than Febrvary Z. 1'.+74, and annualty
-- ---------------------'-----------
----
% thereafter the bo�rd of•trustees of the publtc amployees
---------------------------
-------------°_---------
2D, re:ire!��n: assecia:ion shall reoort to :he Iegisiative
2! comm[.ssion_on p%nstons and re�trenent on receipts pursuxnt �
- ---- ----"------------------_... _ -'_----------
22 to thl5 "'
_________ct and propas¢Is te Implement !morovemertt of
--------------------------------
--------
23 Senei'rts tor pelice efficers end survivors. A report shai[
24 be acco^�panied`by draT: le5�slation desi:nned to tnclemen: Y _
25 p�o➢osed_improvenents end such other data`2nd iieformation as �
� ------------�----"---------------'-
--------_^�--
5. the board of trus:ecs sha'II der.m anpronrlate or thc
----------------------------
---°-----------------
_7 le�Es(e*ive c�c�mission shall requirr_.
�------------------------------------
29 Sec. 5. Th(s act Is effecttvc Jufy 1, I978.
9
0
RESOLUTION N0.
A RESOLl1TION RECEIVI1dG TI1E PREiLIMINAkY REPOhT AND CAI,LING A PUI3LIC
tiEARING 0� 7'FI� MATTfiR OF THE CONSTRUCI'ION Of CCRTATN Ih1PROVGMEYI'S:
STTiEE'P II�IPROVII�fENT PROJECT. ST. 1978-1, ADDENDUM #1
h'HEREAS, the construction of certain improvements is deemed to be in
the interest of the City of Fridley and the property owners affected thereby.
BE IT RI:SOLVED, by the City Council of the City of Fridley, as follows:
1. 79iat tiie preliminary report submitted by the City Engineer and the
Consulting Engineers is hereby received a��d accepted.
2. That the City Clerk shall act to ascertain the name and address of the
owner of each parcel of :and directly affected or within the area of
lands as may be proposed to be ascessed for said improvements, and
calculate estimates of assessments as may be proposed relative thereto
against each of said lands.
3. That the area proposed to be assessed for sai.d improvem�nts and each of
them as noted in said notice are all the lands and areas as r.oted in
said notice: All of the same to be assassed proportionately according
to the benefits received.
4. That the estimates of assessments of the Clerk shall be available for
inspection to the oraner of any parcel of land as may be affected
thereby at any public hearing he2d relative thereto, as well as at any
prior time reasonable and convenient.
S. 1fi at the City Clerk is authorized and directed to give notice of such
public hearing by publishing a notice thereof in the official news-
paper of the City :.of Fridley and by mailed notices to all the p:operty
owners whose property is liable to be assessed with the making of
these improvenents according to law, such notice to be substantially
in form and substance of the notice attached he:eto as E�ibit "A".
6. That this Council wi11 meet on the 13 � day of 1Vy-�rr.h , 1978
at 7:30 o'clock P.bi, at the City 11a11 in t}ie City of Fridley for the
purpose of holding a public hearing on tlie improvement noted in the
notice attached hereto and made a part thereof by reference, Exhibit
nAn
ADOPTED BY THE CITY COUIv'CIL OF 7'IiE CITY OF FRIDLEY THIS DAY OF
, 1978.
ATTEST:
MAYOR - WILI,IAM J. NEE
CI7'Y CI.F:R}: - 6t�11:VIN C. 13Rl1NSGLL
OPFICIAL PUBLICATION
CITY OF FRIDLEY
(EXHIBIT A)
NOTICE OF HEARI;�'G 0\' I�iPROVEAtENTS
STREET IMPROVII�IF3�IT PROJECT. ST. 1978-1, ADDINDUM #1
{VHEREAS, the City Council of the City of Fridiey, An.oka County, Minnesota,
has deemed it expedient to receive evidence pertaining to the improvements
hereinafter described.
NOIV, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 13th day of
M�mh , 1978 at 7:30 o'clock P.Df. the City Council will meet at
the City Hall in said City, and �aill at said time and place hear all parties
interested in said improvements in Hhole or in part.
The general nature of the improvements is the construction (in the lands
and streets noted beloca) of the folloi�ing improvements, to-wit:
CONSTRUCTION ITEM
S�eet improvements, including grading, stabilized base, hot-mix
bittuninous mat, concrete curb and gutter, sidewalks, storm sew2r
syste�'n, water and sanitary secaer sa vices and other facilities located
as follows:
Meyers Avenue: Burlington Northern Railroad Right-of-way West to
Existing Fast River Road Right-of-way
Hillcrest Avenue: Meyers Avenue to Hickory Drive
ES1'IDtATED COST . . . . . . . . . . . . . . . . . . . . . . . . . $ 49, 080.00
THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID IME'ROVEMENTS IS AS FOLLO�VS:
For Construction Item above
All of the land abutting upon said stree*_s named above and all lands
within, adjacent and abutting thereto.
All of said land to be assessed proportionately according to the
benefits received by such improvement. ,
9A
1'hat should the Council proceed with said improvements they will consider
each separate improvements, except as hereafter otherwise provided by the
Council all under the folloticing authorit}•, to-wit: hfinnesota Statutes 1961,
Chapter 429 and laws amendatory Lhereof, and in conformity with the City Charter.
DATED THIS DAY OF
Publish• February 15, 1978
Febru�°my 22, 1976
1978 , BY ORDER OF THE CITY COUNCIL.
�fAYOR - 4,]II,I,Ipri J. NEE
RGSOLUTION N0.
A RGSOLUTION 01?llGRING PRELIhtI�ARY PLANS, SPHCTPICATION'S, �'VD ESTIMATGS
OR THE COSTS TfiL'RGOF: SANITARY SEWER ANil WATER IMPItOVEMENT PROJECT
#124
BE IT RGSOLVED,;by the City Council of the City o£ Fridley as follows:
1. That it appears in the interests of the City and of the property owners
affected that there be constructed certain improvements, to-wit:
Waterm3ins, Sanitary Sewer Laterals with Service Connections, and
Appurtenances, located as follows:
t'leyers Avenue: Burlington Northern Railroad Right-of-way West to
E�cisting East River Road Right-of-way
Hillcrest Avenue: Meyers Avenue to Hickory Drive
2. That the Public Works Director, Richard Sobiech, City Ha21, Fridle��, p1N, is
hereby: authorized and directed to draw the preliminary plans and specifi-
cations and to tabulate the results of his estimates of tiie costs of
said improvemer,ts, including every item o£ cost from inception to cempletion
and all £ees and expenses incurred (or to be incurred) in connection there-
with, or the financing thereef, and to make a preliminaiy report cf his
findings, stating therein :vhetlier said iniprovements are £easible and
�ahether they can best Ue made as proposed, or in connection icitli some
other improvements (and the estimated cost as recommended), including
also a description qf the lands or area as may receive beiiefits therefroM
and as may be proposed to be assessed.
3. That said preliminary report of the Engineer shall be furnished to the
City Council.
ADOP1'F:p BY TIIL• CITY COL'NCIL OF TIIE CITY OF FRIDLEY THIS UAY OF
1978.
P1AY012 - jdILLLSt°I J. NEE
ATTEST:
C17'1' Cl.l:R}� - Dtrlfil�l�l C. BRUNSIiI�I.
s
1�
RESOLUTION N0.
A RESOLUTION RECEIVING TIIE PRL=LIh1INARY RGPORT AND CALLING A PUdLIC
HEARING ON 7'IiE MATTI:R OF THE CONSTRUCTION OF CERTAIN IhtPROVEMF:NTS:
SANITARY SELdER AND WATER II�ROVII�NT PROJECT S�W #124
WfiEREAS, the construction of certain improvernents is deemed to be in
the interest of the City of Fridley and the property owners affected thereby.
BE IT RESOLVED, by the Gity Council of the City of Fridley, as follows:
1. That the preliminary report submitted by the City Engineer and the
Consulting Engineers is hereby received and accepted.
2. That the City Clerk shall act to ascertain the name and address of 'the
owner of each parcel of land directly affected or within the area of
lands as may be proposed to be assessed for said improvements, and
calculate estin�ates of assessments as may be proposed relative thereto
against each of said lands.
3. That the area proposed to be assessed for said improvements and each of
them as notec� in said noti�e are all the lands and areas as noted in
said notice: AlI of the same to be assessed proportionately according
to the benefits received.
4. That the estimates of assessmcnts of the Clerk shall be availahle for
inspection to the owner of any parcel of land as may be affected
thereby at any public hearing held relative thereto, as well as at any
prior time reasonable and convenient.
S. That the City Clerk is authorized and directed to give notice of such
public hearing by publishing a notice thereof in the officiai neias-
paper of the City of Fridley and by mailed notices to all the property
owners tiahose property is liable to be assessed with the making of
these improvements according to law, such notice to be substantially
in form and su�stance of the notice attached hereto as E�iibit "A".
6. That this Council will meet on the 13th day of March , 1978
at 7:30 o'clock P.ht. at the City Hall in the City of Fridley for the
purpose of holding a public hearing on the improe�ement noted in the
notice attached hereto and made a part thereof by reference, E�chibit
uAn
ADOPTED BY THG CITY COUNCIL OF THE CITY OF FRIDLEY TIiIS DAY OF
, 1978.
arresr:
CI1'Y CLGRii - MARVIN C. LiRUNSGLL
MAYOR - WILLIAM J. NEE
11
OFFICIAL PUIILICATION
CITY OF FRIDLEY
(GXHIftIT A)
N�TICE OF HEARING ON IDIPROVGh".ENTS
SANITIIRY SEWER � 4JATII2 IMPROVEf�NT PROJECT S&W #124
WIiEREAS, the City Council of the City of Fridley; Anoka County, Minnesota,
has deemed it expedient to receive evidence pertaining to the improvements
hereinafter descri.bed.
NOiV, THEREFORE, NO:ICE IS HEREBY GIVEN THpT on the 13th day of
Mar`eh , 1978 at 7:30 o'clock P.M. the City Council will meet at
the City Hall in said City, and will at said time and place hear all parties
interested in said improvements in iahole or in part.
The general nature of the improvements i.s the constructian (in the lands
and streets noted belotia) of the following improvements, to-wit:
CONSTRUCTION ITEM
WaternHins, Sanitary Sewer Iaterals with Service Connections, and
Appurtenances, located as follows:
`Meyers Avenue: Burlington Pdorthern Railroad Right-of-way West to
F,xisting East River Road Right-of-way
Hillcrest Avenue: Meyers Avenue to Hickory Drive
ESTIhLATED COST . . . . . . . . . . . . . . . . . . . . . . . . . $ 22.700.00
THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID IMPROVEA7ENTS IS AS FOLLOWS:
For Construction Item above -----------------------------------------
All of the land abutting upon said streets named above and all lands
within, adjacent and abutting thereto.
All of said land to be assessed proportionately according to the
benefits received by sudi im,provement. ,
11 A
Tliat should the Council proceed with said improvements they wili consider
each separate improvements, except as hereafter otheriaise provided by the
Council all under the follouing authority, to-wit: Minnesota Statutes 1961,
Chapter 429 and laius amendatory thereof, and in conformity with tlie City Charter.
DATED THIS DAY OF
Publish: February 15, 1978
February 22, 1978
1978 , F3Y ORUER Of THE CITY COUNCIL.
MAYOR - WILLIAM J.NEE
GITY OF FRIDLEY
PETITION COVER SkiEET
Petition No, 3-1978
Date Received FebY'udry 3, 1978
objecc Independent School District No. 14 would like the construction
Avenue to 63rd Avenue to become pai�t of the City's 1978 construction
year.
�
Petition Checked By
, Percent Signing
Reterred to City Council
Aiaposition
Date
12
6D00 WEST MOORE LAKE DRIVE, FRIDLEY, MINNESOTA 55432 / 560�6100
January 30, 1978
Mr. Nasim Qureshi
City of Fridley
6431 University Ave. N. E.
Fridley, MN 55432
Dear Mr, Qureshi:
DR. JOHN K. H n
SUPEHINTENOENT � � / �
L
JAMES Fi. HED�,...
oinECroH
BUSINE55 AFFAIRS
JAMFS G. PAPPAS
PDMINISTRqTIyE RSSISTFM
The Parkview Elementary School will be closed starting with the
1978-79 school year and the students from that area will attend the
Hayes Elementary School, The Board of Education has passed a
resolution requesting the construction of a sidewalk along the east
side of 7th Street from blst Avenue to 63rd Avenue to allow a safe
walkway for children from the Park�r�ew area. This request is
the same as that discussed at the last meeting of the City-School
Committee.
Please place this request Before the City Council as quickly as
possible with the expectation that Yhe project could be a part of the
City's 1978 construction year.
Members of the Board, Dr. Hansen, or I will be available to make
a presentation to the Council if you feel it �11 be of assistance.
Feel free to contact me for any information relative to this project.
Cordially,
- James H He
. dren
t
12 B
RESOLUTION N0.
A RESOLUTION ORDERING PREL1MIyAItY pLANS, SPLCIFICATIO�yS, AND ESTIMATGS
OF THL COSTS T13ERL'OF: STREET IMPROVEMENT PROJECT ST. 1978-1, ADDENDUM fk2
BE IT RESOLVED, by the City Council o£ the City of Fridley as follows:
1. That it appears in the interests of the City and of the property owners
affected that there be constructed certain improvements, to-wit:
Street improvements, including grading, stabilized base, hot-mix
bituminous mat, concrete curb and gutter, sidewalks, storm sewer
system, water and sanitary sewer services and other facilities located
as follows:
Sidewalk on 7th Street East Side, From 61st Avenue to 63rd Ave.
�
2• That the Public iVorks Director, Richard Sobiech, City Hall, Fri3ley, Ah�, is
hereby authorized and directed to draw the preliminary plans and specifi-
cations and to tabulate the results of his estimates o£ the costs of
said improvements, including every item of cost from inception to completion
and all £ees and expenses incurred (or to Ue incurred) in connection there-
with, or the £inancing thereo£, and to make a preliminary report of his
findings, stating tl:erein k�hether said improvements are feasible and
whether they can best be made as proposed, or in connection with some
other improvements (and the estir�ated cost as recomr.iended), including
also a description of the lands or area as may receive benefits therefrom
and as may be proposed to be assessed.
3• T'hat said preliminary report of the Engineer shall be furnished to the
City Council.
ADOPTED BY THE CITY COiJ;JCIL OF THE CITT OF FRIDLEY THIS DAY OF
, 197 8.
N1AY�1t - WILLIAM J. NEE
ATTEST:
CI'1']' CLEI:f: - p1A1:171N C. 61:U\tiL'I.L
RGS�LU1'ION N0.
A RESOLUTION RGCEIVING TNE PRL'LIMINARY REPORT AND GALLING A PUIlLIC
HEARING ON TIIE M4TTER OF THE WNSTRUCTION OF CBRTAIN IMPROVEMENTS:
STREET IMPROVEDIENT PROJECT ST. 1978-1, ADDENDUM N2
Wf1EREAS, the construction of certain improvements is deemed to be in
the interest of the City of Fridley and the property owners affected thereby.
BE IT RESOLVED, by the City Council of the City of Fridley, as follows:
1• That the preliminary report submitted by the City Engineer and the
Consulting Engineers is hereby received and accepted.
2. That the City Clerk shali act to ascertain the name and address of the
owner of each parcel of land directly affected or within the area of
lands as may be proposed to be assessed for said improvements, and
calculate estimates o£ assessments as r�ay be proposed relative thereto
against each of said lands.
3• That the area proposed to be assessed for said improvements and each of
them as noted in said notice are all the lands and areas as noted in
said notice: All of the same to be assessad proportionately according
to the benefits received.
4. That the estimates of assessments of the Clerk shall be available for
inspection to the owner of any parcel of land as may be affected
thereby at any public hearing held relative thereto, as caell as at any
prior time reasonable and convenient.
S• That the City Clerk is authorized and directed to give notice of such
public hearing by publishing a notice thereof in the official neius-
paper of the City ;of Fridley and by mailed notices to all the property
owners tiahose property is liable to be assessed with the making of
these improvements according to law, such notice to be substantially
in form and substance of the notice attached hereto as Exhibit "A".
b. That this Council will meet on the 13th day of March , 1978
at 7:30 o'clock P.�1, at the City Hall in tl�e City of Fridley for the
purpose of holding a public hearing on the improvement noted in the
notice attached hereto and made a part thereof by reference, Exhibit
uAu
ADOPfED BY Tt� CITT COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1978.
A7"fEST:
C19'Y CI.GRf: - h�gVIN C. 13RUNSELL
MAYOR - 19ILLIAM J. NEE
12 C
OFFICIAL PUBLICATION
CITY OF FRIDLLY
(EXIiIBIT A)
NOTICE OF IiEARING ON IhiPROVi:AIENTS
STREGT IMPROVEA4ENT PROJECT ST. 1978-1, ADDENDUM ri2
12 D
WIiEREAS, the City Council of the City of Fridley, Anoka County, Minnesota,
has deemed it expedient to receive evidence pertaining to the improvements
hereinafter described.
NOW, T}IERBFOItE, NOTICE IS HEREBY GIVGN THAT on the ��_ day of ^
March , 197g at 7:30 o'clock P.61. the City Cow�ci.l will meet at
the City Hall in said City, and will at said time and place hear all parties
interested in said improvements in whole or in part.
The general nature of the improvements is the construction (in the lands
and streets noted below) of the folloming improvements, to-tiait:
CONSTRUCTION ITEM
Street improvements, including grading, stabilized base, hot-mix
bituminous mat, concrete curb and gutter, sidewalks, storm sewer
system, water and sanitary sewer services and other facilities
located as follows:
Sidewalk on 7th Street East Side, From 61st Avenue to 63rd Avenue
ESTID1ATED COST . . . . . . . . . . . . . . . . . . . . . . . . . $ 17, 300. 00
THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID Ih1PROVEb1ENTS IS AS FOLIAIVS:
For Construction Item above _________________________________________
All of the land abutting upon said streets named above and all lands
within, adjacent and abutting thereto.
All of said land to be assessed proportionately according to the
benefits received by such improvement.
That should the Council proceed with said improvements. they tvill consider
each separate improvements, except as hereaftcr other�vise provided by the
Council all under the follotiaing autliority, to-wit: Dlinnesota Statutes 19G1,
Qiapter 429 and laws amendatory thereof, and in conformity iaith the City Charter.
DATED THIS DAY OF
Pubiish: February 15, 1978
February 22, 1978
1978 , BY ORDER OF THE CITY COUNCIL.
MAYOR - {4ILLIAM J. NEE
ISLAND OF PEACE WORK AIv'D PP.OJECT ORpER
NOTE: Typed for legibility .
Trailer has been placed on Chasis Island to serve the following purposes: -
1. Conatruction headqnarters, as at present time the Anoka County Parks Depart-
ment has a crew of "Ceda" people performi.ng much needed general clean-up of
the complete project. Preparing for spring construction.
2. We have groups of military, Navy Sea Bees, Air'Force and P�ational Guard, etc.,�
sending advance parties to discuss plans to assist us this spring and su�ner
'on construction. Tra� unions sending out their representatives.-
Ed Wilmes, Islands of Peace, Inc.
3. Because of continued vandalism and other acts that are thieatening the success-
ful completion of the project, the trailer arid someone to be on duty is vital
now. Ed Wilmes will make every effort to car:y out these duties as Construction
CoOordinator and Caretaker.
Date of Foundation or Coirmittee Reviewal
Foundation
7ames A. Langenfeld
Alex P. Barna-Vice Pres.
1/22/78
1/22/78
1/22/78
of
not
not approved
❑ appr. �
Policy 0utline•
1. Submit order form to Islands of Peace Foundation for agproval. Attach additional
papers and documents if necessary.
2. If approved bq above, then submit to City of Fridley for review and approval.
3. If approved and signed, only then can project or work be st'arted by City or others
on CiCy property leased by the Foundation.
See back side.
13
Trailer by 20' Camper's City made availabla to Islanda of Peace at no cosC.
Znsuranca paid by Ed Wilmes.
Phone paid by Ed Wilmes. ,
Gas paid by Ed Wilmes. '
Electricity shared by Islands of Peace, Inc. and Ed Wilmes.
Ed Wilmea time and othar items being discussed at present time and will send
report to City Coimcil.
Corporation and organizations also interested in sending their representatives
to tour site for possible funding and the trailer will serve a purpose in that
activity.
5
13 A
��1iy' �Y �"C:�in�f!
�T rHZ tor oi rHt 1F•�wy
touNUxirr o:v¢�cswe�r av.
• � vnoTUtirs r.;:a;crioM r:�r.
' CtTr Mnll F::IRLSY GS�'2
`.J C13•Ca0'�4lp
• A. t.'ame of Applicant; • �'',,
Addrecn • � � � Z "'
� , � ,�:
,
B. Canersliip of Tr.:ilcr,; �
C.. Deacriptioa of Trniler (I4�kc
b. Y;as•e of C;sner of I,and: �
, naaz���: t, �3 1 %�",,.. ..�
._.__ _ _,_�
HOUS� TRAILER APPLICATION 13 �
I
7./31/73 I 1
r
,
.
Size) : �': ��f �� �s � s2����1 yf/
> . . :� .
T�. Period of Tiuie Trailcr is to �be Stored or Occupiedv+��jL���C .
F. Use of Trr,tler: �// =�:.f� � �tr �> �`�;,� ��, ;/ �•
G. Signstures of Adjoinin� propc=ty C:onera G.an-Cin� F,pprpval:
H.• Location oE Trailer on yropo�ecj Property (Attach Plot Plan of
- '�'�: p.,-/ � - t'� 1.L� � ?> / �_ .. -, ., ._. . :./ .. � !`'? .
a `i � �
I: k'here .:raiicr ie to be Occ:!pic�} tin�t 19:
1: Fielaeicn�nlp bett�:een ^lrriicr Gaae: snd i.an� 4amer;
i ��
2. fit�acs and AFcs of eill Occup�nte;, ��,:..,�/ /�''�
' y~ � �' � ' �
. 3. r^acilities For Sc�aage ;�i::pcaai, jd::ter =..,e E1ca�«�«y ;,
., , . "� ' 1.- /'_. , ._..c
C.
The applic;�tiori, i,hen prescnted to the C3ty Councl2 shall e2iow thn recon.mendation
of the Zoning AdminisLrutor nnd/o: Building Inopector. �
Plenoe fir.d attached chock in tho �nount of $7,50 for parkicl�,� $25.00 for
occupying a ltou�o kxaiicr.
�
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Approvcd �yr
. �I:cc�tpt No,
0
Llceneo No.
��
�
�
F.OR CONCJRRENCE BY THE ClTY COUNCIL - APPOINTMENT
__ FEBRUARY 6, 1978 14
NAME
Elaine J. Tibbetts
6251 6th Street N.E.
Fridley, Mn. 55432
POSITIO�J
Public Utility
Billing Machine
Operator
Finance Dept.
(Grade B)
SALARY
$686
Per
Month
EFFECTIVE
DATE
February 20,
1978
REPLACES
Sharon
Schuldt
F.OR CONCURR[NCE BY THE CITY COUNCII. - CLAI.h1S
15
CLAIMS N0.
019F07 - 03477E
F.OR CONCURRENCE BY THE CITY COtJNCIL =��NSEs
Februar.y 6, 1978
GAS S�RVZCES
Grant's Mechanical
Route #9, Box #4
Fargo, North Dakota 58102
1Win City Gas Heating
5108 - 197th Avenue N.E.
Wyoming, Mn. 55092
, GENERAL CONTRACTOR
Richard Construction Co.
90 West Road
Circle Pines, Mn. 55014
HEATING
Grant's Mechanical
Route #4, Box N4
Fargo, North Dakota 58102
The Heating Innovators Co.
18520 Yakima Street N.W.
Anoka, Mn. 55303
By: Grant Johnson
By: Tony Johnson
By: Richard Peterson
By: Grant Johnson
By: Arnold E. EirYs
� 16
APPROVED IIY
WILLIAM SANDIN
Plumbing-Heating Insp.
WILLIAM SANDIN
Plumbing-Heating Insp.
DARREL CLARK
Community Development Adm.
WILLIAM SANDIN
Plumbing-Heating Insp.
WILLIAM SANDIN
Plumbing-Heating Insp.
F.OR CONCURRENCE BY THE CITY COUNCIL - ESTIMATES
. February 6, 1978
N.D.N. Asphalt Company, Inc.
5400 Industry Avenue N.W.
Anoka, Minnesota 55303
Final Estimate #4 for Street Improvement Project
ST. 1977-1
Final Estimate #4 for Street Improvement Project
SF. 1977-2
$ 29,172.18
$ 6,691.44
1�
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
ENGINEERING bIVISION
6431 UNIVERSITY AVENUE NE
FRIDLEY, D9INNESOTA 55432
Honorabie Mayor and City Council
City of Fridley
c/o Nasim M. Qureshi, City Manager
6431 University Avenue, NE
Fridley, MN 55432
Gentlemen:
CERTIFICATE OF THE ENGINEER
December 19, 1977
We hereby submit the Final Estimate No. 4 for N.D,H. Asphalt Company, Inc., 5400
Industry Avenue, NNl, Anoka, MN 55303 for Street Improvement Project St. 1977-1
and Municipal State Aid Street Improvement Project St. 1977-2.
Original Contract. . . . . . . . . .
Change Order #1. . . . . . . . . . .
• . . . . . . . .$359,876.52
• • • . • • • • $12,044.94
371,921.46
Final Construction Cost St. 1977-1 . . . . . . . . . . .$273,707.44
Final Construction Cost St. 1977-2 , , , , , , , , , $66,914.43
340,621.87
Less Estimate #1. . . . . . . . . .�168,334.77
Less Estimate #2, , , , , , , , , , $50,051.21
Less Estimate tt3. . . . . . . . . . $86,372,27
$304,758.62
AMOONT DUE FINAL ESTIMATE N 4 . . . . . . . . . . . $35,863.62
We have viewed the work under contract for the construction of Street Improvement
Projects St. 1977-1 and St. 1977-2 and find that the same is substantially complete
in accordance with the contract docwnents. I recommend that final payment be made
upon acceptance of the ivork by your Honorable Body, and that the one year contrac-
tual maintenance bond commence on the date listed.
Prepared b L,�
� �, �- .
Checked by j �
Respectfully submitte ,
Richard N, Sobiech P.E,
,
Public Works Director
17 A
December 19, 1977
T'0: Public Works Director
City of Fridley
I7 �
ON FINAL INSPECTION FOR STREET Ib1PROVEMENT PROJECTS ST. 1977-1
1977-2
We the undersigned, have inspected the above mentioned projects and find that
the work required by the contract is substantially complete in conformity with
the plans and specifications of the project.
All deficiencies have been corrected by the contractor. Also, the work for which
the City feels the contractor should receive a reduced price has been agreed upon
by the contractor.
So, therefore, we recoimnend to you that the City approve the attached FINAL ESTI-
MATE for the contractor and the one year maintenance bond start from the day of
the final inspection, that being October 1, 1977,
� . 2.,�� .�
, el Zentgraf
Construction Inspector
��-� B, �� U•�
William Miller
Contractor Representative
St. 1977-1 � St. 1977-2
December 29, 1977
1% �
�1 • • �lY :' •:
This is to certify that items of the work shown in this statement of work
certified herein have been actually furnished, and done for the above men-
tioned projects in accordance with the plans and specifications heretofore
approved. The Final Contract Cost is $340,621.87 and the Final Payment
of $35,863.62 for street improvement projects would cover in full, the
contractor's claims against the City for all labor, materials, and other
work done by the contractor under this project.
I declare under the pen�lties of perjury that this statement is just and
correct.
N.D.H. ASPHALT COMPANY, INC.
, ' U, �
William Miller, Vice President
,.. . _.. .. . ..,• _.
__ ., _. � __w_ _ ..
; N .� ,
., CLTY OF FRIDLEY 17 D
Engineering Dep'artaent .
6431 University Avenue
Fridley, rLinnesota 554]2 - �
Date Suly 11, 1977
^s0: RonoraSle Mayor and City Council RE: Es[. 2Io. 4 (Final)
City of Fridley per. Ending 12 19/77
: 6431 University Avenue N.E. For N.il.H., Incorporated
Piinneapolis, Minnesota 55432 5400 Industry Avenue, IIW
� ST. 1977-1 Anoka, .Zt 55303
i Contract Item
e Base (Class V)
as Material for ::i
;ourse t.ixture (23
�urse Mixture f234
ts .;•laterial for Ta
,.��22-1 2o Bend
'S ce�aer
'. Sewer
't.E. ➢�sign A or
- C.B. Desien A or
y Gutter
Concrete
ridlav Sur^.ountable Curb
.vdFant Relocation
z.3infield P,ock for Hydrant
�3?ve 30:: �diust¢:ent
�
' --_--
�698 C.Y. 2,1_�,
ioo c.Y. i.00
200 C.Y. .20--
52 M Gal. .�0
7698 tons 3.?0
478 tons ujg,pp
4821 tons 6.30 T
4102 tons 6.75
1784 Gal. •40
105.00
82 . ^. ---12. JO '
525 L.F. i3.50
3.
16.
932 Sq.Ft. 11.
C.79 Acres 440.
18474 S.Y.
2312 C.Y. 3.
7�0 L.F. 3,
te Curb_. E. Gutter______. _22552 L. F. ___ 3.
alt Driv�way--_--- 850 S.Y. _ 3.
for Drive:�ay 60 tons _Z
ining �1a21 100 S. F �_
i[y
Esc.
�
�
�
�
C�7
1
SS
�,aoua t
io U�t�
289 u�317.9t
866 $23,361.9('�
391 $78.2C
160 "960.0(`
.80 $24,783.�,':
94 28,621.s=�
.75 �22,506.��'
.00 25�623._�?G
175 $470.Or
35$�'� 4 296.0.`�
478 $6,453.u+,
7 1,155.00i
52 ' ' 3 120.00?
'9.3 4.I�_
0,487
1,G84.7�
5,948.iE-
1,000.0'-
10. C:`
$480. u�
1,030.OU
3,587.6 -
s,sss.i�"
6 , b'78 _''_'.
1,086.75
$837.90
A
0
SU":.`L�RY:
Original Contract tLaount
Contract Additions - Change Order Nos, ?
Coatract D_ductions - Change Order Nos.
Revised Contract Aaount
Value Comoleted To Da[e
SUB TOTAL
Aaount Retained (10�)
Less Ariount Paid Previously
A*IO �Wi T DUE T11I5 FINAL ESTIMATE
CERTZFICATt OF TtIE CO�TRACTOB
�] r
�
g 359,876.52 '
$ 12,044.94
$
g 371,921.46 , I
$ 273,707.44
g 273,707.44
$ �
$ 244;535.26
� 29,172.18
I hereby certify that the work parforr�ed and the rnaterials supplied to date under
ter�as of the contzact for reference project, and all authorized changes ti±ereto,
have an aetual value under the mntract o: the amounts sho:an on this estirate (arr.
the final quantities of the firal estinate are correct), and that this estivaate •;
just and/`orrect ar_d no part the "Anount Due This Esti�ate" has been zeceived._
sy �A l„ ���.;.., � � ,�%1��, ( .� � ..
Date--- / � - / � • Z 7
Contractorts AuLhor3zed P.epresentative (Title) '
.CEP.TIFICATE OF THE E?VGIhEER
I hereby certiEy that I have prepared or exeminzd this estir�ate, anc� that the
contractor is eatitled to paystent of this estiraate und:: the contract for referenc.
pro;ect.
Ci.'fT OF Ft;I�DT„T'.�' I_;Sp;:.C'iJt.
Sy �,+�T��
Citec'.:ed B}' ^G/L ,
ii.
Date /v / /�
Respec�fell•y s::b:iLtte3,
$3'T--a,'!' L �l�,:G���
RIC�!:1E:D �I. SG�IECH, P.�_ '
Yub,:c Idu:i;s Di.-ecto-
.. . •... . � � . . . . . . . . . . ' . Y
M. '. . ' . � . . . _ . .. . . . � � .• � �
•• . CITY OF FRIDLEY 1� F f
Bngineerino Departnent �
6G31 University Avemle
Fzidley, Minnesota 554�2
Date July 11, 1977 � `
� i
TO: Honorable Mayor and City Council RE: Est. Ho. 4 (Final)
City of Fridley per. Endin� ���
6431 University Avenue N.E. For N.il.H., Tncorporated
Piinaeapolis, Minnesota 55432 5400 Industry Avenue, II4F `:
Anoka, :Ti 55303 's
� ST. 1977-2 i
STAT°t�NT OF WORK
COVTP.ACT PROGRc'.SS
ContracG Item sci�.a�ea Unit Quaatity 'uaatxty ��ou�c
Ouantities Price Thi� Est. To Date Yu Gate
o��e Concrete Curb & Gutter 120 L.F. _�. 0 150 �155.00
on Escavation 3631 C.Y. � i s „ ,,.,� ,�., ,,,,, ,,,.
ous
0
Base (Clas�
Eor Tack
*L;i. DesiQn A
C.B. Design A
C.B. Svecial D
ame S Rin? Cast
te ?dalk
Valley Gutter
rced Concrete S
drant
�
tons 6.30
tons 6.75
Gal. -_ __..__ .40
ch � 105.00
.F. �--12.J0
575 L.F. i3.50
F �0.00
G 2 Each —�
gn 4 Each y� QQ
8 Each o0.00
15 S . Ft. i,z�
200 L.F. 3_�S
_I+3_Cor.cr_�z Cucb S Gutter_.__ 4569
23i1 .1�n�.}al: Driy�way_._____ 50 S.Y.
ush=.d _Roc� for Drive:�ay,____ 20 tons
sonrv Retainin� tJall ��
"-- -'--- ---- °
^.C_P. 11��Bend`---` 4 Each_
EO i c`:L
o�
❑�
�
�
1
�
�
0
0
�
0
0
_ 40_00 _
.._5.00__ 0
..._.. 98___
3.20 0
.�__ _3.75�-- --_0
_.__Z.S�-•-- a
3.50
_ _.105..!�0_
11
6.
1
6,979.50
"�720.00
1�h85.00
�540.00
15.b2
$431.25
1,536.00
�90.00 ,.
14,198.40
�397.50
�15'S.25
...�
�66
—_ I
4 I. � Y
SU"�`tA_°,Y:
Original Contract Amount
Contract Additions - Change Order P:os. 1
Contract D:ductions - Chanoe �rder Nos.
Revfsed Contract Anount
Value Completed To Date
SUB TOTA?,
Agount Retained (l0i)
Less Aaount Paid Previousl.y
APIOL�7T DUE THIS FINAL E&TIAfATE
CEP.TIFICATr. OF THE C0�'TP4CTOR
17 G
$ 359,876.52
g 12,044.94
$
$ 371,921.46
$ 66,914.43
g 66,914.43
$ O -I
$ 60',222.99 I
$ 6,691.44 '
Z herehy certify that the work pzrforr_ed and the materials supplied Lo date ua�-r
terr.�s of the contract for raFerence pro;ecr, �nd all author.ized chanoes tnereta,
have an 'aetual value under the ccntract o: tlie ar�ounts sho:an on tiiis esticate (ar.
the final uantities of the fir.al estinate are correct), and that this esti.mate i
just and o ect and no part o �"Amount Due This Esti�ate" has been received,
,, �pBY ' Date /Z�i9•77
Contractor's Authorized Representative (Title)
CEP.TIFjCATE OF THE ENGItvEFR
I hereSy cer[if}• that I ha�*e preparad or er.anxned this estir.!ate, an3 that tne
contractor is entitled to pay�ent of tFiis estinzte under the contract for referenc�
pr�;ect.
C!'C]' OF FRIDLT" I`:S:';:C'i0R ,
�S , ����
cn���s:F,�? s;�p���9 ;
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i:es��ec[iell� sub-:._t[ed
,
CIT:' 0_ r ^LDL�'ti J �
Sy—_�r�
RIC:'\F.il =:. SOt;ILCH, P.F. '
£u�l:. i;o:i:s L''
�r� ctor