12/18/1978 - 5751■ S - '�
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FRtDLEY CITY COUNC t L
REGULfIR f1EETING — DECEf1BER 18, �1978 — 7:30 P, M,
MEMO T0: DE°ARTMENT NEADS
FOLLUWIN6 ARE THE "ACTI�idS ;�EEDED��. PLEASE HAVE YOUft ANSWERS
BACK IN 7HE CITY NIANAGER�S OFFICE BY THE �'IEDNESDAY BEFORE THE
NEXT REGULAR COUNCIL MEETING. THANK YOU� •
APPROVAL OF �1INUTES:
REGULAR ��EETING, ��OVEMBER Z�, 1978
Approved
ADOPTIO�d OF AGENDA:
Approved as submitted
OPEN FORU�1, VISITORS:
�CONSIbERATI�N OF ITEMS NOT ON AGENDA - IS PIINUTES)
Mrs. Adell Langenfeld, 79 632 Way: East River Road Improvement Proposal
NE41 BJSIyESS:
RECEIVING THE ��INUTES OF THE PLANNING COMMISSION MEETING
OF DECEMBER 6, 1973, � � � � , � � � . . � � � , � � � , � 1 - 1 R
t. Caba Realty First Addition, Preliminary Subdivision
P.S. #78-06, Ray Wormsbecker 83rd Ave. & University Ave....l - 16
Planninq Commission Recommendation: Approve & 1M-1N
Council Action Required: Set public hearing
Public Hearing set for January 15, 1979
ACTION NEEDED: Set arrangements for public hearing
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DECEMBER Is, 19%8
NEW BUSINESS (CoNTtNUED)
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2. Minnesota Petroleum Service, Special Use Permit
SP 78-13, Steven Hanson, 5333 University Avenue NE.......16 - lE
Planninq Commission Recommendation: Approve & T0-1P
with stipulations
Council Action Required: Consideration of
recommendation •
Approved with stipulation •
ACTION NEEDED: Inform applicant of Council action ,
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3. Dan-Lan Development Corporation, Lot Split #78-05,
South of 5430 5th Street... .... ............:..... .lE - 1F
Planning Commission Recomnendation: Approve & 1Q-1R
with stipulations
CoUncil Action Required: Consider lot split with
. variance request after Appeals Commission recommendation
is received
NO ACTION (Will be taken when variance request is received)
4. Proposals for powntown Revitalization ....................lF - 1J
Planning Commission Recommendation: Proceed, but
with suggestions on possible assessment/financing
Council Action Required: Consideration of
recomnendation •
SEE ITEM N0. 4 FDR COUNCIL ACTION
PAGE Z
RECEIVING THE �INUTES OF THE CABLE TELEVISION COMMISSION
�EETIN6 OF NOVEMBER 29, 1973 . � � . • � . . � � � � � � 2 ' 2H
. Minutes Received
ACTION TAKEY: Minutes have been filed for future reference
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REGULAR �EETING, DECEMBER l�, 197�
yE�'� $U$IP�E$$ �CONTINUED)
CONSIDERATION OF A RESOLUTION FOR A COMMERCIAL FACILITY
DEVELOPMENT PROJECT GIVING PRELIP�INARY APPROVAL FOR
MUNICIPAL INDUSTRIAL TAX EXEMPT ��ORTGAGE� , � � � � . �
Resolution No. 126 adopted .
ACTION NEEDED: Proceed as authorized .
CONSIDERATION OF SELECTION OF CONSULTANT FOR DOWNTOWN
REVITALIZATION PROGRAM AND APPROVING EXECUTION OF
CONTRACT � � � , � , � � � ,. � � � � , � � � , � , � �
Approved contract with Professional Planning & Development
•ACTION NEEDED: Proceed with execution of contract
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CONSIDERATION OF RPPROVAL OF PROFESSIONAL SERVICE
FOR ANIMAL CONTROL. � � � � � � , � � � � � � �. � � � � � 5
Tabled to first meeting in January
ACTION NEEDED: Put item back on agenda of January 8, 1979
CONSIDERATION OF CHANGE ORDER #S FOR STREET IMPROVEMENT
PROJECT ST, 1978 - 1, DELETING CERTAIN STREETS FROM
PROJECT� � � , , � � � . . � � � � . � . � . � � � � � � .6 - �6 A
Change Order approved • '
ACTION NEEDED: Proceed as authorized
I497�1
RE6ULAR P�EETING, DECEMBER I8, I9%S
iVE!'� BUSINESS �CONTINUED)
CONSIDERATION OF A RESOLUTION TO I�DVERTISE FOR BIDS
FOR MISCELLANEOUS CONCRETE CURB AND GUTTER AND DRIVEWAY
APPROACH RECONSTRUCTION CONTRACT, , � � � � � � � . � �
Resolution No. 127-1978 adopted ,
ACTION NEEDED Proceed as authorized '
PAGE �
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CONSIDERATION OF A RESOLUTION REQUESTING ANOKA COUNTY
COMMISSIONERS TO APPROVE SAFETY IMPROVEMENT PROJECTS
FOR EAST RIVER ROAD AT �9TH !��IAY NORTHEAST IN THE CITY
OF FRIDLEY� . � , . � , , � � � � . , � , � � � � � � , � S
• Resolution No. 128-1978 adopted
ACTION NEEDED: Proceed as authorized
CONSID�RATION OF A RESOLUTION ORDERING I��PROVEMENT,
FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE
COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1979-1,
Sr, 1979-2 ("1SAS) AND ST, 1979-4 (CSAH), , , , , , . , , ,9 - 9A
Resolution No. 129-1978 adopted, but for storm drainage only on Project
ST. 1979-4
ACTIOP! NEEDED: Proceed as authorized
CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT,
FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE
COSTS THEREOF: WATER AND SEWER IMPROVEMENT PROJECT
#126 , , , , , , , , , , , , , ,, , , , , , , , , , ,
Resolution No. 130-1978 adopted
ACTIOtd NEEDED: Proceed as authorized
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REGULAR �EETING, DECEMBER lu. 1973
�IEW BU$IPdE$$ �CONTINUED)
PAGE S
CONSIDERATION OF CAPITAL IMPROVEMENT PROJECT FOR
MUNICIFAL STATE AID SYSTEM� � � . , . , . . � � � . � . . �1 — 11 C
Approved
ACTION NEEDED: Proceed as autFiprized
�LAIMS, � � � . � . . . . . � . . . �� . � , � � � . � � IZ
Approved
FINANCE .. ACTION NEEDED: Pay claims
LICENSES . . . . . . . . . . . . . . . . . . . . . . . . 13 — 13 A
. Approved. License for Hedges Tree Service approved subject to
City Attorney making determination if Workmen's Compensation
Insurance is required
FINANCE ACTION NEEDED: Issue licenses as listed, and Tree Service after
determination from City Attorney
� ESTIMATES . . . . . . . . . . . . . . . . . . . . � . , , 14 — 14 L
Appraved
FINANCE ACTION NEEDED: Pay estimates
I ADJOURN: 11:40 P.M.
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THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF
DECEMBER 18, 1978
The Regul.ar Meeting of the Fridley City Cauncil was called to order at 7:32
p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
�; Mayor Nee led the Council and audience in the P1edge of Allegiance to the
Flag.
ROLL CALL:
MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor
Nee, Councilman Schneider and Councilman Barnette
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
REGULAR MEETING NOVEMBER 20, 1978:
MOTION by Councilman Hamernik to approve the minutes�as presented. Seconded
by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
ADOPTION OF AGENDFh: . .
MOTION by Counci�lman Barnette to adopt the agenda as submitted. Seconded by
Councilman Hartrernik. Upon a voice vote> all voting aye, Mayor Nee declared
the motion carried unanimously.
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OPEN FORUM, VISITORS:
�� East River Road Improvement Proposal: �
Mrs. Adell Langenfeld, 79 - 63 1/2 Way, appeared before the Council regarding
tbe proposal on East River Road. She asked that her comments be placed.on �
' record regarding the feeling of residents�on the proposed improvement of
�, East River Road. � �
'�. Mrs. Langenfeld stated the residents feel the Council and County will 6e
''��� creating an uncontrollable monster and all that would.happen is the continu-
I ation of a similar "bottleneck". She stated they were tired of approaching
�''� the Council on this item and they have contacted Mr. Kordiak, Mr. 0'Bannon
� and Mr.. Bud Redepenning stating their negative position of this proposaL�
�� Mrs. Langenfeld pointed out that at the last Council meeting it was stated
� the matter is out of the Council's hands. She stated this is not so as they
� were told Anoka County will not act until the Council acts. She stated that
�� Mr. Redepenning has assured them this is still only a proposal, as noted in
� a letter of December 1, 1976 to the City Manager from Commissioner Kordiak.
� Mrs. Langenfeld stated it is the residents' understandin9 that the Northtown
jCorridor proposal is undergoing the Environmental Impact Statement procedures
and they urged Council to incorporate all� of Eas•t River Road in that study.
She questioned why the Council members didn't inform their people of the
�'� pu6lic hearing held last fall by Anoka County. '
�� � Mrs. Langenfeld pointed out in 1976 it was staCed the City would lose Federal
. funds, if the project didn't 90 through, but she now understands these funds
�� are set aside and earning interest. She indicated this didn't bothe'r the
! residents that much, but what did concern them was why statements are made
'. which lead them to believe otherwise. -
� Mrs. Langenfeld stated her husband, James Langenfeld,. was perturbed with the
� statement made by Councilperson Schneider in which he stated the Fridley
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REGULAR MEETLN& QP DECEIJ[{ER 78, 1978 pAGE 2
Police must spend all�their time on East River Road and cannot handle the
other problems with the City". She felt the point is that this statement
was a diversion tactic to divert from the�real issue.
Mrs. Langenfeld stated when Mayor Nee was running for third ward Council-
person, he stated in his campaign titerature that "it was�an outrage and the
East River Road neighborhoods are already being severely damaged 6y the
mounting traffic load being dumped on us from the north. There's no good
reason we should be paying for devetopment that can only attract more and
more traffic." �
Mrs. Langenfeld stated the residents plan to form a Citizen's Comnittee to
fight this proposal and in order to save time, friends and votes, she
urged the Council to vote NO when this proposal is acted upon.
Mrs. Langenfeld statgd, on a personal tevel, East River Road has caused
them a great deal of grief, time and anxious moments trying to keep their
property intact. She stated that now the County wants 40 feet of their
property and questioned if the Council realizes the amount of loss not
only to them, but others as well.
Mr. Bonine, 125 River Edge Way, indicated most of the people in this
area feel the same way as Mrs. Langenfeld.
Mr. Emerson, 99 - 64th Way, indicated he agreed with Mrs. Langenfeld's
comnents 100% and felt they should try to discourage traffic on East
River Road.
NEW BUSINESS:
RECEIVING THE MINUTES OF THE PLANNING COMMISSIOiJ MEETING OF DECEMBER 6, �
978:
CABA REALTY FIRST NDDITION, PRELIMINARY SUSDIVISION P.S. #78-06 �
RAY WORMSBECKER 83RD AYENUE AND UNIUERSITY AUENUE• � �
MOTION by Councilman Namernik to set the public hearing on this item for
January 14, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mdyor Nee declared the motion carried unanimously. ��
MINNESOTA PETROLEUM SERVICE, SPECIAL USE PERMIT SP k78-13 STEYEN
HANSON, 5333 UNIVERSITY AVENUE N.E.; ,
Mr. Sobiech, Public Works Director, stated this is a request for a speciat
use permit to allow the property at 5333 University Avenue to be used for
sales and service for installation of service station equipment.
Mr. Sobiech stated the Planning Comnission recomnended approval with the
stipulation that a solid screening fence be erected immediately on the
outside storage area and that landscaping be completed in the spring
and be coordinated and compatible with Che landscaping of Standard Oil
on the south side of the property.
Mr. Hanson, 12057 Duke Drive N.E., the petitioner, stated he concurs with
the need for exterior improvements. Mr. Hanson stated he hoped to put up
the fence yet this year, if it is possible Decause of the frost conditions.
Mr. Qureshi, City Manager, indicated the City has problems in some areas
where equipment hits the fence and indicated there should be some protection
so that the fence is not damaged. � -
Mr. Hanson stated he didn't think this would be a problem as most of their
trade is done away from the shop.
Mr. Qureshi questioned the access and drainage. Mr. Sobiech stated the
drainage would be to�the service drive and stated the petitioner doesn't
intend to use the alley access. - .
Mr. Qureshi questioned if the fence would interfere with persons using the
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REGULAR MEETING OF DECEMBER 18, 1978 . PAGE 3
alley access.
Mr. Sobiech indicated they would make sure it was back far enough so as
not to cause any interference. He stated a stipulation could be added
that proper protection of the screening fence be provided.
Mr. Nanson felt the only problem they might have is residents driving
into the fence�which would be negligence on their part.
�: Mr. Qureshi pointed out they are trying not to develop a situation where
he and the neighboring residents get into a conflict.
Councilman Fitzpatrick stated his chief concern is, from reading the
minutes, it sounds like there would 6e a great deal of outside storage �
and wondered if the buildting on the property is suitable for the use
proposed.
Mr. Sobiech stated, in discussions�wiCh Mr. Hanson, he didn't get the idea
there would be quite a 6it of outside storage.
MOTION by Councilman Fitzpatrick to concur with the recanmendation of
the Planning Comnission and approve SP �78-13 with the following stipu-
lations: (1) That there be a solid screening fence erected imnediately
on the outside storage area: (2) That landscapin9 be compieted in the
spring and be coordinated and compatible with the landscaping of Standard
Oil on the south side; and (3) That some kind of protection be provided
to prevent damage to the fence. Seconded by Counci.lman Hamernik.
Councilman Hamernik questioned if a time limit should be put on the
screening and landscaping.
Mr. Sobiech felt the landscaping could be done by the middle of May or
first of June and the screening they wanted immediately, but depending
on the frost conditions this may have to wait until spring also.
�: Mr. Hanson stated there wouldn't be any outside storage until the fence ��
is erected.
UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously. �
� ��AN-LAN DEVELOPMENT CORPORATION, LOT SPLIT N78-05, SOUTH OF 5430 5TH
STREET:
Mr. Sobiech, Pubtic Works Director, stated there is also a variance
request associated with this lot split and asked that Council consider
action on the lot split when they receive the variance request.- There-
fore, no action was taken on this item at this meeting. �
PROPOSALS FOR DOWNTOWN REVITALIZATION:
This item appears later on the agenda regarding selection of a consultant
for the downtown revitatization program.
MOTION by Councilman Fitzpatrick to receive the minutes of the Planning
Comnission Meeting of December 6, 1978. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
'� RECEIVING THE MINUTES OF THE CABLE TELEVISION�COMMISSION MEETING OF
NOVEMBER 29, 1978: �
MOTION by Councilman Schneider to receive the minutes of the Cable
Television Commission Meeting of November 29, 1978. Seconded by Council-
man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
I RESOLUTION N0. 126-1978 FOR A COMMERCIAL FACILITY DEVELOPMENT PROJECT
' . GIVING PRELIMINARY APPROVAL FOR MUNICIPAL INDUSTRIAL TAX EXEMPT MORTGIIGE:
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REGULAR�MEETLNG OF DECEMBER 18, 1978 �. � PA6E 4 ��
Representatives of the Perlman-Rocque Company (North) appeared before
�the Council regarding development of a commercial facility in the City of
Fridley. They stated they wished to build a distribution facility to
supply the McDonald's Systems Incorporated with various products and supplies
needed to operate a family type restaurant. They explained the facility
will tie 6uilt on approximately six acres of land off East River Road,
south of I-694. A site plan and artist's conception of the building
were submitted for the Council's review. The proposed building is
approximately 56,780 square feet with 28,600 feet for dry storage;
75,180 square feet for refrigeration; 7,000 square feet for the truck
court; and 6,000 square feet for office and mezzanine. It is proposed
to have a service drive for the truck yard to go on to 52nd Avenue. �
Mr. Bernie Friel, Attorney with the Briggs and Morgan law firm in St. �
Paul, explained the difference in the industrial tax exempt mortgage �
as opposed�to the industr5al revenue bonds. He stated, in the case of
�industrial revenue 6onds, you have an underwriter invotved which is
not the case in an industrial tax exempt mortgage. He stated the proposed
user comes to the Council with a banker who is willing to pick up the
financing in a single note.� He stated the municipal obligation is to
see that the principat and interest of the note is paid from the revenue
derived.
Mr. Friel stated the resolution before the Council relates to the purposes
for the financing and pointed out there is nothing in the resolution
that obligates the City to issue this note.
Counci.lman Barnette questioned if, in fact, this facility was buiit and
the company went broke, if the City was obligated to make good on the
note.
Mr. Friel stated there is no financial obligation for the City, but the
purpose of the financing is to help increase the City's tax base.
Councilman Fitzpatrick indicated there was a lot of material and details
in the agenda regarding.this proposed project.
MOTION by Councitman Fitzpatrick to adopt Resolution No. 126-1978, as
noted on Pages 3 through 3C of the agenda book. Seconded by Council-
man Schneider. Upon a voice vote, all�voting aye, Mayor Nee declared
the motion carried unanimously.
CONSIDERATION DF SELECTSON OF CONSULTANT FOR DOtJNT01JN REVITALIZATION
PROGRAM AND APPROVING EKECUTION OF CONTRACT:
Mr. Sobiech, Public Works Director, stated this item was before the
Planning Comnission and their recortmendation was to proceed with pro-
fessional Ptanning and Development as the consultant. They also
recomnended either a special assessment of the property owners in t4e
area or a cooperative financing from property owners in the area tu
help pay for it.
Mr. Sobiech stated a selection group was formed consisting of Jerry
Boardman, City Planner, Bruce Goodman, Management Analyst, and him-
self to make a recomnendation on the consultants. He stated they
based their recommendation on bid proposals, publication presentations
by the consultants, input from the Council and public at the presentations,
reference calls to cities and firms familiar with the work of the con-
sultants and a review of reports previously completed by the consultants.
Besides this criteria, other things taken into consideration were good .
coimnunications with the Council, business community, general public
and staff; a working knowledge of financial analyses and strategies;
working knowledge of different types of grants that are available and
the grants process; ability to conduct field research; ability to
explain the potential of a project to developers and types of services
provided in relation to the cost of the proposal.
Mr. Sobiech stated, after careful review and analysis, it was the selection
` � REGULAR MEETIN6 OF DECEMBER 18, 1978 � PAGE 5
group's recommendation that Professional Planning and Development be
selected as the consultant for the downtown revitalization program.
Mr. Sobiech explained four phases are indicated �in this program and
the consultant is aware that the City has the right to terminate
the contract at the completion of any phase. .
I, � Councilman Barnette stated it was his understanding that a tocal Twin
'� Cities firm would have some advantage. Mr. Sobiech stated Professional
� Planning and Development has Mankato as their address, but have found
; they are working more and more in the metropolitan area. �
�� ( Mr. Herrick, City Attorney, stated he could see no problems with the
; City's right to terminate after any phase since costs were listed.
Councilman Hamernik stated the Planning Commission's recomnendation
regarding the financing was considered at one time and it was felt
this wasn't the approach the City should take at this time. He
pointed out he was not ignoring their concerns and appreciated their
comments, but felt the approach�they are taking is probably the most
feasible and best way to get the program started.
I, MOTION by Councilman Hamernik to concur with the recommendation of
I staff and award the bid to the Professional Planning and Development
� Company and proceed, as recommended, with the execution of the contract.
� Seconded by Councilman Schneider. .
, Councilman Schneider stated he basically concurs with the recommendation
� of the Planning Comnission in trying to get the business correnunity
��, �to share some of the expenses, 6ut felt they have to look at a starting
point. He felt, however, it would be a benefit if this could be de-
veloped. He stated he looked at this as a catalyst to get something
�� moving and not for the City to overshadow the private business sector.
Mr.S�biech�stated the total amount for the study would be 515,500.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION> all voted aye> and Mayor
Nee declared the motion wrried unanimousty.
CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICE FOR ANIMAL CONTROL:
Mr. James Hill, Public Safety �irector, stated two quotes were received
for animal�control service in the City for 1979. These were from
MAPSI, who currently has the co�tract with the City for these services,
and the other was from Blaine Midway.
Mr. Hill stated there were two plans, Plan A and Ptan B, submitted
for quotes. Plan A is basically the system the City�is accustomed
to or an itemized system where the City agrees to pay a certain rate
for the type of services. He stated�both MAPSI and Blaine Midway
submitted quotes for this type of service. Mr. Hill stated, on Plan
B, which is basically a flat rate regardless of the num6er or type of
calls and the City is 6illed by the month, MAPSI did not su6mit a quote
for that type of system.
Mr. Hill stated, in reviewing the quotes, they find that Blaine Midway
was slightly lower� than the quotes received from MAPSI and are, there-
fore, recomnending that the animal control contract for 1979 be awarded
to Blaine Midway. Mr. Hilt stated they are not specifically stating
which plan would be used, but would. anticipate they would stay with
the original system for a certain amount of time until they get some
feel as to what the costs would be. �
He stated Blaine Midway has indicated there would be no problem, if
the City wanted to switch to the other type of bitling.
Councilman Schneider stated last year when they were�looking at the
bids, there was some question regarding the adequacy of the facilities
� at Blaine Midway.
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1��� REGULAR MEETING OF DECEMBER 18, 1978 PA6E 6
Mr, Hill stated he has not personally inspected the facilities this
year, but talked with other cities who do use this service and they
are satisPied with the services provided.
Mayor Nee questioned what kind of controls there are on businesses of
this Yype as far as checking for disease. �
Mr. Greg Wax>.owner of Blaine Midway, stated they are inspected periodi-
cally by Federal inspectors and he is Federally licensed. He indicated
he was more than happy to show the�Council all or any inspection re-
ports they have had since they've been in business.
Councilman Fitzpatrick questioned how animal diseases were controlled.
Mr. Wax stated through disinfectants and hard continuous�scrubbings.
MOTION by Councilman Barnette to approve Blaine Midway for animal
control services for 1979. Seconded by Councilman Hamernik.
Or. Hedges, owner of the Brighton Veterinary Nospital at 2615 Mississippi
Street, felt Ruth Duchaine of the State Animal Humane Society should
be contacted regarding the disease problems at Blaine Midway. He
stated he was asked by Ms. Duchaine to testify on some of the disease
problems at Blaine Midway, as they have had cases of distemper and
kennel cough which he felt should be looked into further.
Councilman Fitzpatrick stated he has heard of this type of thing and
that was the reason for his earlier question. Ne felt, from the
presentation, there isn't�sufficient reason for changing the animal
control services to Blaine Midway as MAPSI seems to be sati�sfactory.
Councilman Schneider stated the reason for his question was that he
had stopped by Blaine Midway unannounced and it was less than he had
hoped to see. Ne asked Dr. Hedges if he was aware of similar problems
with MAPSI.
Or. Hedges stated he has seen kennel cough problems at MAPSI.
Mr. Hill stated he wished to emphasize they are totaily satisfied with
the services provided by MAPSI and the only reason they were recommending
the change was because it was a lower bid. He stated, after checking
with other cities regarding Blaine Midway, he could find no detrimental
reason not to recommend the low bidder. , .
Councilman� Hamernik stated his primary reason for supporting the Blaine
Midway proposal was that they can reduce the patrol in the City, if
they so des9re. .He stated he was surprised MAPSI appeared to be a
little negative in that aspect.
The manager of MAPSI stated in Plan B there are a lot of unknown
factors.
Mr. Hill stated MAPSI is not offering a bid on Plan B, but simply
saying they have the prerogative of reducing the number of patrol
hours under Plan A. He stated he understands, if they reduce the
patrol hours> that may increase the special calts. _
Mr. Wax stated he has heard some unrealistic and untruthful remarks
and would like to invite the Council out at�any time to check on his
facilities. � -
The manager of MAPS: pointed out if they have to "do away" with any
animal, their contract indicated they are liable and would have'to
defend the City and have proper insurance. He stated they do have
a veterinarian on�call. He stated, if the City is 9oing to award
the contract to Blaine Midway, he would make sure they have a licensed
veterinarian.
. � Mr. Hill stated the specifications do address this situation and the
question of liability. .
REGUL�R HEETING OF DECEIA�ER 18, 1978 � PA�E � 19
MOTIQN by Councilman Schneider to table this to the first meeting in
January in order to allow staff time to follow up on these points
brought up at this meetin9. Seconded by Councilman Fitzpatrick. Upon
a voice vote, all voting aye, Mayor Nee declared.the motion carried
unanimously.
I4r. Hill stated he would investiaate the health conditions further and
report back at the next meeting.
CONSIDERATION OF CHANGE ORDER �5 FOR STREET IMPROVEMENT PROJECT ST. 1_978-1,
Mr. Sobiech, Public Idorks Director, stated this change order involves the
curbing�and sidewalks around the 4illage Green property site,.and stated
they��•iould be added to the 1979 project. .
HOTION bv�Councilnan Schneider to approve Change Order #5, Street Imorove-
men: Project St. 797£3-1 with NDH, Inc. to deduct the following: 63rd
Avenue (5th.5treet to 7th Street); 7th Street (63rd Avenue to Mississippi
Street); and 5th Street (63rd Avenue to 130 feet North) for a total de-
duction of $17,996.22. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Nee declared the.motion carried unanimously.
RESOLUTION N0. 127-1978 TO ADVERTISE FOR 6IDS FOR MISCELLANEOUS C_OWCRETE
�40TION by Councilman Hamernik to adopt Resolution No. 727-1978. Seconded
by Councilman Schneider. Upon a voice.vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
RESOLUTION N0. 128-1978 REQUESTING�ANOKA COUNTY COMMISSIONERS TO APPROVE
IMPROVEI4ENT PROJECTS FOR EASI^RIVER ROA� AT 79TH WAY NORTHEAST IN THE CIT
OF FRIDLEY: � � � � �
MUTION by Counciiman Barnette to adopt Resolution No. 128-1978.
Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously. �
I' MOTION by Councilman Hamernik to adopt Resolution No. 129-1978.
Seconded by Councilman Schneider.
Mr. Sobiech, Pu61ic Works Director, stated, based on the public
hearing held last week, Arthur Street was eliminated under St. 1979-2
� and the sidewalks for East River Road were eliminated under St. 1979-4.
r �
Mayor Nee stated, at the public hearing last week regarding the
sidewalks on East River Road, it appeared about everyon'e was opposed
to this improvement so that has been deleted. He stated he under-
stands there are persons present this evening who wish to express
themselves regarding the basic project. � �
Mr. Sobiech stated generally the improvement was to consist of
safety improvements to the roadway by adding sidewalks and shoulder
areas. He stated medians were also proposed to protect the left
turn movements and these locations were pointed out on the map. Mr.
Sobiech stated the improvement project was. ordered in 1971 and
several stages have been completed, but the final phase has never
been done. -
Mr. Sobiech stated a public hearing is again.being held because of.
new legislation which requires that improvements having an assessment
must be completed in a year and since the project was ordered in
1971,�a new hearing is being held. .
Mr. Sobiech stated the resolution now before�the Council is ordering
the improvement and authorizing certain assessments. '
Councilman Fitzpatrick stated the people in the audience have been
led to believe that, even though this is a County project, there
is a point where the City has an approval or rejection�position.
20
REGULAR MEETLNG Of DECEMBER 18, 1978 PAGE 8
Mr. Herrick, City Attorney, stated there are two things you are talking
about--one is tegal authority to do the improvement and the other is the
politics of whether it is going to be done or not. He stated the County
has the authority to proceed with the improvement, without approval of
the City. He stated, as a practical matter, however, the County may not
do this.
Mr. Ray Humann, 40 - 62 7/2 Way, submitted the notice he received to fhe
City Attorney for his review. Mr. Herrick pointed out the not5ce addresses
a number of projects and lists the streets to be improved.� He pointed
out, at the hearing last week, there was discussion on what is proposed
at this time, and what woutd be assessed.
Mr. Humann stated it seems this matter comes up every few years and wondereti
if someone from the County'was pushing this improvement.
Councilman Barnette stated he understands the County's viewpoint of the
improvement is a way of moving traffic.
F1r. Wronski, 189 River Edge Way, stated if the left turn medians are
installed, they would be getting more traffic on their street. He stated
he understands putting in the medians is simply a safety precaution.and
felt it would be�more practical to simply lower the speed limit.
Mayor Nee stated that Mrs. Langenfel.d quoted him correctly and stated he �
has always shared their view and worked for a number of years to try
and find some reasonable alternative on the safety issue. He stated the
City petitioned for a 35 mile per hour speed limit and was turned down
by the State. He stated the City has initiated extensive control in
trying to find some solution to the safety problem. �
Mr. Emerson, 99 - 64th Way, felt, by improving East River Road, they
are inviting ttare traffic and felt the Northtown Corridor would eliminate
traffic on East River Road.
i
Mr. Hill, Public Safety �irector, stated the Police Department finds it �'�
very difficult to make stops on East River Road as there are only a few � '��
places where it is relatively safe to stop motorists. He stated about �
50% of the STEP time is used for enforcement on East River Road.
Mr. Ellis, 70 - 63rd Way, felt the improvement would only be putting �
a band-aid on the project for a 7 block stretch, as that would be the �
only place the police�could stop cars.
Ms. Pangburn, 80 - 62 7/2 Way, pointed out that, if they proceed with -
this improvement, it would�be necessary for her garage to be moved.
Mr. Qureshi, City Manager, pointed out that if the property owner can� �,
prove that this improvement adversely affects their property and they have i
suffered damages, they would 6e compensated.
I
Mr. Qureshi stated, as the road is now, it gives no protection for pedes- i
trian or non-motorized vehicles. He stated the City desires to make
East River Road safer for the residents.
Mr. Bonine, 125 River Edge Way, felt, by improving the road, you would ��
have more traffic and it would be moving faster. � �I
Councilman Barnette stated in 1976 there was a project committee working I
on this matter of�East River Road and they were talking about left turn � �
lanes to make it a safer roadway.
Mr. Fessenden, 111 - 63 1/2 Way, stated what tbey were discussing was ��,.
an alternative to this plan, however, there was no mention of widening the �
road in ord�r to accompl.ish this. .
-Mr. Fessenden stated�he has no objection to entering or exiting on East
� River Road and hasn't seen a true safety factor.
REGULAR MEETING OF DECEMBER 18, 1978 PAGE 9
Mr. Wronski questioned if the City has come up with any alternatives to
this proposal. -
Mayor Nee stated the County proposal was to put medians in all the way
and as a result of the hearings in 1971, the City prevailed on the County
to permit these turning procedures into the neighborhoods.
Mr. Fessenden felt, by improving East River Roatl,�it would only make it
more attractive a�d they would have more traffic. Mr. Fessenden stated,
at the time of the project comnittee study in 1976, the Minnesota Pollution
-� . Control Agency did take decibel ratings on East River Road and they were
in excess and any widening would be detrimental as it would increase
the noise.
Mr. Jim Langenfeld, 79 - 63 t/2 Way,�stated Mr. Redepenning indicated
they vrould not violate the noise pollution levels and that the readings
would only be a few decibels higher, but felt there was a tremendous
environmental concern irregardless of the traffic.
Mr. Sobiech stated the County su6mitted an environmental assessment in
making application for the project and they felt, based on certain noise
level readings, that there would be no discernable increase in noise after
the improvement as to what exists now. �
Mrs. Slater, 128 River Edge Way, stated a17 the people living on East
�� River Road are satisfied and asked why the Council couldn't leave�it
alone.
Councilman Fitzpatrick stated it surprises him that those persons who,
over the last few years, were concerned with the safety and asking for
left turn lanes are not present this evening. He stated if. the people
present do represent the feelings of the people on East River Road, he
stated he certainly has to represent them in his decision. �
�,., By a show of hands, about 16 people living on the West side of East River
Road and about 12 people from the east side of East River Road were present
and objected to the improvement.
Councilman Schneider stated he believes there is a serious safety factor
involved. He pointed out that 50� of the STEP program is for enforcement
on East River Road and indicated this program will probably not be in
existence in the next several years.
Councilman Hamernik felt they have to be realistic and consider the
safety factor.
Councilman Fitzpatrick stated the people here this evening are the ones
with the biggest safety problem, as they are turning off and onto East
River Road. He indicated he would like to see demonstration of the
fact, that these people speak for all the people east and west between
Chartes Street and 64th Way. Councilman Fitzpatrick stated he does
feel they are hearing from the people whose safety is most in jeopardy.
Mr. Wronski stated they are all concerned with the safety problem, but
are not in agreement with this particular solution. He indicated they
want the safety problem resolved, but are not in favor of widening the
road and putting in medians. He felt there had to be other alternatives.
Mayor Nee stated it isn't as though the City hasn't tried to find other
alternatives.
Mr. Langenfeld stated to imply that they are not safety conscious is
not true, but indicated they don't know if the improvement would increase
traffic and create bottlenecks.
MOTION by Councilman Barnette to table this item. Seconded by Councilman
Fitzpatrick. '
j I Councilman Fitzpatrick felt the storm sewer project would have to come
'LI
22 �, ..
REGUTAR MEETING OF �ECEMBER 18, 1978 PAGE 10 �
as a separate proposal as it is now tied to the improvement of East River
Road.
Mr. Sobiech felt.even.if there is a problem with the total improvement,
they should continue with the storm sewer improvement. �
COUNCILMAN FITZPATRICK WITHDREW HIS SECOND, AND COUNCILMAN BARNETTE WITH-
UREW HIS M�TION. � .
Mr. Herrick, City Attorney, stated the resolution�could be adopted 6y
amending the resolution to cover the drainage improvement only on East
River Road from Charles Street to 64th Way.
MOTION 6y Councilman 6arnette to amend Resolution No: 129-1978 Ordering '
Improvement and Final Plans and Specifications and Estimates of Costs I
Thereof: Street Improvement Project ST. 1979-1, ST. 1979-2 (MSAS) and i
ST. 1979-4 (CSAH) by changing the portion under ST. 1979-4 to read that '�
this shall cover storm sewer improvements only as it relates to East River
Road from Charles Street to 64th Way. Seconded by Councilman Fitzpatrick. �'
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RECESS:
Recess called by Mayor Nee at 11:10 p.m. .
RECONVENED: .
Mayor Nee reconvened the meeting at 71:25 p.m. All Council members were
present.
RESOLUTION N0. 130-7978 OP,DERING IMPROVEM[NT FINAL PLANS AND SPECIFICATIONS
AND ESTIMATES OF THE COSTS THEREOF: IJATER AND SEWER IMPROVEMENT PROJECT #726:
MDTTON by Councilman Fitzpatrick to adopt Resolution No. 130-1978. Seconded ��.
by Councilman Schneider. Upon a�voice vote, all voting aye, Mayor Nee ,'�.
declared the motion carried unanimously. � �'
CONSID[RATION OF CAPITAL IMPROVEMENT PROJECT FOR MUNICIPAL STATE AI� SYSTEM:
Mr. Sobiech, Public Works �irector, stated this five year construction
program proposed for the City and is a continuation of the City's existing �.
street�improvement and surfare treatment programs. �..
He explained this was requested by-the Office of State Aid and involves �
the Municipal State Aid program for streets. Mr. Sobiech stated�this program '.
can be adjusted annually. . . �
Mr. Sobiech pointed out the City still has to follow the appropriate
hearings for improvements, if it was an assessing project.
MOTION by Councilman Schneider to approve the capital improvement project
for the Municipal State Aid Systein. Seconded by Councilman Hamernik. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously
CLAIMS:
MOTION by Councilman Schneider to authorize payment of Claims No. 339P06
through 348W07. � Seconded by Councilman Hamernik. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
�
LICENSES:
. MOTION by Councilman Schneider to approve the licenses as submitted and as �
, on file in the License Clerk's Office. Seconded by Councilman Hamernik.
'�. Upon a voice vote> all voting aye, �4ayor Nee declared the motion carried �
; unanimously.
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7J
•' REGULAR MEETING OF DECEMBER 18, 1978 PAGE 11
LICENSE - HEDGES TREE SERVICE:
Ur. Hedges, operator of the Brighton Veterinary Clinic, appeared before
the Council regarding his application for a license to operate a tree
serv�ice. �
It was pointed out that•Dr. Hedges would not be complying with the ordi-
nance as he did not carry workmen'.s compensation. �
Or. Hedges stated he did this type of work while working his way through
college and enjoys this sort of work as an outlet from his regular veter-
inarian practice. �
��' He stated he would be doing this type of work alone and would not have any
employees. He indicated he would probably average 2 or 6 hours a week.and
pointed out that workmen's compensation insurance runs between $500-$600
� regardless of how many hours worked.
�
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Mr. Herrick, City Attorney, stated he would�have to check, if he was the
sole person doing this work> if workmen's compensation was required.�
Dr. Nedges stated, in checking with his insurance agent, he was told it
was not required. He stated he is adequately covered as far as the liabil-
ity, through the Rice Creek Agency.
MOTION by Councilman Schneider to 9rant the license to �r. Hedges for his
tree service contingent on a determination by the City Attorney that work-
men's compensation is not required and provided that�Dr. Hedges indicates
his interest in being the sole proprietor. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimous7y.
ESTIMATES: -
MOTION by Councilman Fitzpatrick to approve the estimates as submitted.
Smith, Juster> Feikema, Malmon & Haskvitz
Suite 1250
Builders Exchange Building
Minneapolis, MN 55402
For legal service rendered as Prosecutor during
November, 1978
Weaver, Talle & Herrick
316 East Main Street
Anoka, MN 55303
For legal service rendered as City Attorney during
November, 1978
$ 2,080..00
$ 1,766:80
NDH Asphalt> Inc.
700 Industry Avenue N.W.
Anoka, MN 55303
FINAL Estimate N4 - Street Improvement Project St. 1978-1 $37,607.23
FINAL Estimate N4 - Street Improvement Project St. 7978-2 $ 7,817•27
FINAL Estimate �4 - Street Improvement Project St. 1978-4 1>351.30
Seconded by�Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion car�ied unanimously. �
ADJOURNMENT: �
MOTIDN by Councilman Hamernik to adjourn the meeting. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously and the Regular Meeting of the Fridley Council of December
18, 1975 adjourned at 17:40 p.m. � � �
Respectfully submitted,
Carole Haddad
Secy. to the City Council
Approved:
William J. Nee
Mayor
. . . . . . .. . '9rt
FRIDLEY CITY COUNCIL MEETING
PLEASE SI6N NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: December 18, 1978
NAME
ADDRESS
ITEM NUMBER
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FRIDLEY C1TY COUNC I L
REGULAR f9EETING - DECEP��ER 18, 1978 - 7:30 P, M,
PLEDGE OF ALLEGIAPJCE:
APP�OVAL OF F1INUTES:
REGULAR MEETING, P�OVEMBER ZO, 1978
ADOPTIOPJ OF AGENDA:
OPEN FORU�1, VISITORS;
0
�CONSIDERATION OF ITEMS NOT ON AGENDA - IS P��INUTES)
NEG� BUSIiVESS;
RECEIVING THE �'IINUTES OF THE PLANNING COMMISSION PIEETING
OF DECEMBER 6, 1978, , , , , , , , , , , , , , , , , , , ,
1. Caba Realty First Addition, Preliminary Subdivision
P.S. �i78-06, Ray Wormsbecker 83rd Ave. & University Ave....l - 16
Planning Commission Recommendation: Approve & 1M-1N
Council Action Required: Set public hearing
1-1R
�EETIN6
EMBER I3, 1978
NEW BUSINESS (CoNTtNUEn)
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2. Minnesota Petroleum Service, Special Use Permit
SP 78-13, Steven Hanson, 5333 University Avenue NE.......16 - lE
Planning Commission Recommendation: Approve & TO-1P
with stipulations
Council Action Required: Consideration of
recommendation .
3. Dan-Lan Development Corporation, Lot Split #78-05,
South of 5430 5th Street... .... ...........:..... .lE - 1F
Planning Commission Recommendation: Approve & 1Q-1R
with stipulations
Council Action Required: Consider lot split with
variance request after Appeals Commission recommendation
is received
4. Proposals for powntown Revitalization ....................1F - 1J
Planning Commission Recommendation: Proceed, but
with suggestions on possible assessment/financing
Council Action Required: Consideration of
recommendation .
PAGE Z
RECEIVING THE,�INUTES OF THE CABLE TELEVISION COMMISSTON
r1EETING OF NOVEMBER 29, 197� � � � � � � . � � � � � � , 2 - 2H
�
ME
NG
DECEMBER IH, I9%�
i�E�'1 BUSIP�ESS �CONTINUED)
PAGE 3
CONSIDERATION OF A RESOLUTION FOR A COMMERCIAL FACILITY
DEVELOPMENT PROJECT GIVIN6 PRELIP4INARY APPROVAL FOR
MUNICIPAL INDUSTRIAL TAX EXEMPT P�ORTGAGE� � � � � � � � � 3 - � I
0
CONSIDERATION OF SELECTION OF CONSULTANT FOR D�WNTOWN
REVITALIZATION PROGRAM AND APPROVIN6 EXECUTION OF
�ONTl2ACT. . � � , , � � , . � � � � . . � � � � � � � � , 4 - 4B
CONSIDERATION OF AP?ROVAL OF PROFESSIONAL SERVICE
FOR ANIMAL CONTROL, , , , , , , , , ; , , , , , , , , , , 5
�� CONSIDERATION OF CHANGE ORDER �S FOR STREET IMPROVEMENT
PROJECT ST� I9J$ - 1, DELETING CERTAIN STREETS FROM
PROJECT, , , , , , , , , , , , , , , , , , , , , , , , , , 6 - �6 A
A
REGULAR h�EETING, DECEMBER Ig, I9�$
iVE',`I BUSINESS �CONTINUED)
PAGE 4
CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS
FOR ��IISCELLANEOUS CONCRETE CURB AND GUTTER AND DRIVEWAY
APPROACH RECONSTRUCTION CONTRACT, , , , , , , , , , , , , 7 - 7A
CONSIDERATION OF A RESOLUTION REQUESTING ANOKA COUNTY
COMMISSIONERS TO APPROVE SAFETY IMPROVEMENT PROJECTS
fOR EAST RIVER ROAD AT �9TH !'�AY NORTHEAST IN THE CITY
OF FRIDLEY� � � , � � , � � � � � � � � . � , � � � � � � � $
CONSID�RATION OF A RESOLUTION ORDERING IMPROVEMENT,
FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE
COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1979-1,
ST. 1979-2 ("ISAS) AND Sr. 1979-4 (CSAIi), , , , , , , , , ,9 - 9A
CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT,
FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE
CQSTS THEREOF: WATER AND SEWER IMPROVEMENT PROJECT
#126, , , , , , , , , , , , , ,, , , , , , , , , , , , , 10
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298
THE MINUTES OF THE RE6ULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF NOYEMBER 20, 1978
The Regutar Meeting of the Fridley City Council was called to order
at 7:30 p.m. by Mayor Nee. �
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of A7legiance
to the Ftag.
ROLL LALL:
MIET�BERS�PRESENT: touncilman Fitzpatrick, Councilman Hamernik
Mayor Nee, Councilman Schneider and Councilman
Barnette
MEMBERS ABSENT: Nane
PRESENTATION OF PLAQUES - FRIDLEY GRACE HIGH SCHOOL AND FRIDLEY
3�ERT6 SLH L•
, � 14ayor Nee stated everyone in the City was supportive of the efforts
�of both the football teams of 6race High School and Fridley Senior
; High School in their great achievements made in football this year.
Mayor Nee stated, in recognition of those accomplishments, the
Council, on behalf of the citizens of Fridley, wished to give
recognition of those accomplishments and presented piaques to _
each football team. .
Mr. David Nigon received the plaque on behalf of Fridley Grace
High School�and Mr. Bob 0'Nei11 received the plaque on behalf of
Fridley Senior High School. Both coaches expressed their thanks
nnd appreciation for these awards.
RDDPTION OF A6ENDA:
Councilman Schneider requested a resolution be added expressing
appreciation to Congressman Donald Fraser for his many years of
servi ce.
lA[ITION by Councilman Hamernik to adopt the agenda with the above
add9tion. �Seconded by Councilman Barnette. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
�PEN FORUM, VISITORS:
Xrs. Atice Anderson, 220 Rice Creek Boulevard, voiced a complaint
regarding�a ticket she received for havfng her car parked in the
street in front of her house at the time snow was being renoved.-
She explained it was still srrowing at the time she received the
ticket and felt it was unjust for the City to tow cars away with-
out giving the ow�er time to get out of the street.
; FLs. Kathy B1air, 206 Rice Creek Boulevard, explained she couldn't
i get her car in the driveway because the roads were too icy and after
�'� the plow went through, she was out removing the snow in front of the
i wr and planned to move it and the police officer gave her a ticket.
She felt this was unfair and stated she is going to take time off
from school to contest the ticket.
.. � Nr. Dennis Early, 267 69th Avenue, explained he was unable to get
up�his driveway, therefore, his car was in the street next to the
� I curb and he received a call from the Police Department to move it.
�
RE6ULAR MEETING OF NOVEMBER 20, 19J8 PAGE 2
Ne stated, at this time, it was still snowing very heavily and
when he went to his car, there was a tow truck there and he had
a ticket. Mr. Early stated he felt it was safer to leave the
car and wait for it to stop snowing before trying to move it.
Mr. Don Blair, 206 Rice Creek Boulevard, explained the residents
� are not really complaining on the way the ordinance was written,
--� — but�the manner in which it was enforced. He felt the police
officers have to use a little common sense when they issue these
tickets. He pointed out there really isn't any certain pattern
�{ on how the streets are plowed and felt there should 6e rtwre
y consistency in enforcing the ordinance.
Mr. Andrew Kohlan, 236 Rice Lreek Boulevard, stated Rice Creek
Boulevard was left completely unplowed. He felt possibly their
method of plowing should be changed and plow a path so that
vehictes could get through insteatl of plowing close to the curb
area where the cars were parked.
Mr. Sobiech> Public Works Director, explained the City generally
begins plowing operations after the snow has stopped, however,
if it is excessive they proceed with snow plowing�operations.
He explained that plowing begins on the snow emergency routes
first which usually takes two to four hours to complete�. The .
drivers are then dispatched to other areas of the City. He
explained because calls were received that certain�areas are
always last to be plowed, the areas where they begin are rotated.
Mr. Sobiech stated, if the operator of the snow plow encounters
cars parked in the street> he will contact the Police Department
to remave the vehicles. Mr. Sobiech stated the normal procedure
is to plow�the center of the street first and then rtave to the
outside area.
Nr. Qureshi, City Manager, stated, once the plows 6egin their
- operations, the ordinance provides� that there should be no
[_. rehicles.on the roadway. Ne stated tickets are issued to
.vehicles on the street only when the plows go into that area.
He explained, however, if the police officer has not treated
� the citizens politety, they will certainly check into� the facts.
Mr. Herrick, City Attorney, explained if the citizens want the
snaw removed as quickly and as economical as possible, cars parked
on the street prevent this and add to the cost. He felt it was
the police officer's duty to issue a citation where he sees a�
��violation and it was the judge's duty to determine whether the
viatation occurred. He felt, unless there are very extenuating
circunstances> the officer is not equipped to enter into lengthy
discussions and try to resolve these kinds of questions.
Hr. Don Blair felt, if a police officer comes upon a scene where
a person is physicalty trying to rertrove his car, then he should
use his discretion.
Mr. Herrick felt he possibly should, but on the other hand; he
has the right to issue a�ticket and the question is probably the
individual circumstances at the time.
Mr. Blair stated his concern is the way tickets have been issued.
He stated, in other areas of the City, cars are parked and the
ptows go around them and no tickets are issued. He stated he
would like to see some consistency in the enforcement of the
ordinance.
Mrs. Anderson stated it isn't the amount of the fine> but the
principle of it as she feels the ticket was unjust.
29�)
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300
REGULAR MEETING OF NOVEMBER 20, 1978 PAGE 3
Councilman Hamernik felt passi6ly some better public relations
could have been used, however, the people weren't prepared for
the amount of snow which aas received since the starm wasn't
predicted to be that severe. Ne felt some of these circumstances
could have been taken into consideration.
l4ayor Nee felt the question is mainly if the ordinance needs to
be refined. He stated it appears the police officer enforced
the ordinance as it was written.
Mr. Herrick stated, for the past several years, this ordinance '�
has been discussed, however, an ordinance is needed wNich gets �..
the job done. '
Mr. Kohlan felt, if the police could use loudspeakers to warn
the residents they have to remove the�cars from the street, there
wouldn't be objections if thGy did receive a ticket since they
had advanced warnin9.
PUBLIC HEARIlJ6:
I+pTION by Councilman Fitzpatrick to waive the reading of the
public hearing notice and open the public hearing. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously, and the public
hearing opened at 8:20 p.m.
Mr. Sobiech, Public Works Director, stated the petitioner has
requested, in this particular case, that the fee be waived.
No persons in the audience spoke for or a9ainst this vacation
request.
MOTION by Councilman Fitzpatrick to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the rtrotion carried unanimously and the
public hearing closed at 8:27 p.m.
OLD BUSINESS:
CONSIDERATION OF ENVIRONMENTAL UALITY COhP1IS5I0N APPOINTMENT
TABLED 11 6 78 : .
MOTION by Councilman Hamernik ta nominate Mr. Marvin Hora for
appointment to the Environmental Quality Cortmiss9on. Seconded
by Counci]man Barnette.
Councilman Hamernik stated Mr. Hora has an interest in this
field and he is employed by the Minnesota Pallution Cantrol
Agency.
7fiere being no further naninations, Mdyor Nee declared the
aominations closed.
NOTION by Councilman Schneider to cast a white ballot for Marvin
Hora for appointment to the Environmental Quality Conunission.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot-
ing aye, Mayor Nee dectared the motion carried unanimously.
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REGULAR MEETING OF NOVEMBER 20, 1978
NEW BUSINESS:
PAGE 4
301
CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR SAV #78-04,
I THY MUNN AND TODD BLAIR: .
MOTION by Councilman Fitzpatrick to waive the reading and approve
the ordinance upon first reading and further, to waive the fee
as requested by the petitioner. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously. �
RECEIVING THE CABLE TELEVISION COMMISSION MEETING MINUTES OF
NOVEMBER 2, 1978:
MOTION by Councilman Schneider to receive the Cable Television
Camnission Minutes of November 2, 7978. Seconded by Councilman
Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
CANSIDERATION OF INCREASING PAY FOR ELECTION JUDGES:
Councilman Schneider stated he would suggest the rate of $3.00/
hour for the judges and $3.50/hour for the head jud9es.
', MOTION by Councilman Schneider to concur with the recomnendation
I of administratiom for pay increases for election judges for 7979
� at b3.00/hour for judges and $3.50/hour for head judges. Seconded
by Counc9lman Barnette.
� Councilman Pitzpatrick felt a differential in pay should be
' maintained between the judges.and the head judge, but felt it
; sbould be more than proposed.
MOTION by Councilman Fitzpatrick to amend the above motion to
�± inc�ease the pay for election judges at $3.00/hour for the judges
and $4.00/hour for the head judges. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee de-
ctared the motion carried unanirtrously.
i
UPON A YOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unaniirously.
COtiSIDERATION OF A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS
R THE GENER L FUND CET AND OTHER :
Council�man Schneider stated be had some questions regarding
some of the changes proposed, not in the CETA portion, but the
other departments.
Councilman Hamernik indicated he would like to discuss the entire
resolutian rtare fully.
MOTION by Councilman Schneider to table this item to the first
meeting in Decem6er. Seconded by Councilman Hamernik. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 177-1978.
Seconded by Councilman Schneider. Upon a voice vate, all voting
aye, Mayor Nee declared the motion carried unanimously.
. .. . . _. _ . __. ._ .
302
REGULAR MEETING OF NOVEMBER 20> 1978 PA6E 5
118-1978 RECEIVING THE PRELIMINARY
MOTTON by Councilman Barnette to adopt Resolutian No. 118-1978.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimousiy.
Mr. Sobiech, Public Works �irector, stated a public hearing Nas
held in 1971 far this portion of East River Road, but because
of recent legislation, it is required the Council hear this
matter again. �
Mr. Herrick, City Attorney, stated a law was passed which states
if the City is going to levy special assessments, the hearing
must have been held within the last year so> therefore, it is
� necessary to�again have the hearing on this project.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 119-1978.
Seconded by Councilman Schneider. Upon a voice vote, ail voting�
aye, Mayor Nee declared the motion carried unanimously.
�° ���-�-- RESOLUTION N0. 120-1978 RECEIVING THE PRELIMINARY REPORT ANO
CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF
� CERTAIN IMPROVEMENTS: STREET IMPROUEMENT PROJECT ST. 1979-1
ST. 1979-2 MSAS AND ST. 1979-4 CSAH :
Mr. Sobiech> Public Works Director, stated, based on discussions
with residents, he would recomnend under ST. 1979-1 that Channel
� Road, Capitol Street� and 66th Avenue be deleted�at this time. He �
�also recortmended that under ST.�1979-4, Osborne Road be deleted, �
as it was not petitioned and could jeopardize other improvements. �'�.
MOTION by Councilman Schneider to adopt Reeolution No. 720-1978, I�.
with�the deletion of Channel Road, Capitol Street and 66th Avenue ���
under ST. 1979-1 and the deletion of Osborne Road under ST. 1979-4.
Secanded by Councilman Fitzpatrick. Upon a voice vote, all voting ��.
aye, Mayor Nee declared the motion carried unanimously.
RESOLUTION N0. 121-7978 TO ADVERTISE FOR BIDS - FOUR WHEEL
TRACTOR LOA�ER:
MOTION by Councilman Barnette to adopt Resotution No. 121-1978.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unani�usly.
LONSIDERATION OF A REOUEST FOR MOBILE HOME LICENSE FOR TARGET
{iAREHOUSE TO BE USED AS AN OFFICE FOR TWO YEARS• 1080 73RD AUENUE N E
I�pTION by Councilman Hamernik to grant the license to Target for
a mobile home to 6e used as an office for a two year period. Seco�ded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
�� RESOLUTION N0. ]22-1978 EXPRESSING THANKS ANU APPRECIATION TO
� � CONGRESSMAN DONAL��M. FRASER: .
� Councilman Schneider read this resolution and moved the following:
' MOTION by Councilman Schneider to adopt Resolution No. 122-1978.
. Seconded by Louncilman Fitzpatrick. Upon a voice�vote, all
vating aye, Mayor Nee declared the motian carried unanimously.
303
REGULAR MEE7ING OF NOYEMBER 20, 1978 PA6E 6
LICENSES: I
MqTION by Councilman Hamernik to approve the licenses as
subnitted and as on file in the License Clerk's Office. �
Seconded by Councilman Schneider. Upon a voice vote, all �,
voting aye.> Mayor Nee declared the �tion carried unanimously.
C�1�:
MOTION by Councilman Barnette to authorize payment of Claims I�
�. No. 313A04 through 319776. Sewnded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the �
motion carried unanimously.
ESTIMltTES: �
MOTION by Councilman Hamernik to approve the estimates as i
submitted. � �
Smith, duster, Feikema> Malmon & Haskvitz � �
1250 Builders Exchange Building
Minneapolis, MN 55402
For legal services rendered as Prosecutor
for the month of October, 1978 E 2,220.00
� ' Neaver, Talle & Herrick
' 6279 University.Avenue N.E. �
� Fridley, MN 55432
For legal services rendered as City Attorney
j for the month of October, 1978 . $ 7,755.10
� � Seconded by Councilman Schneider. Upon a voice vote, all voting
;��_ aye, Mayor Nee declared the motion carried unanirtausly. �
,i AWOURNMENT:
MOTION by Councilman Barnette to adjourn the meeting. Seconded
� by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the
Regular Meeting of the Fridley City Council of November 20, 1978
j adjaurned at 8:35 p.m.
Respectfully submitted,
�
1
Larole Haddad William J. Nee
Secy. to the City Council �Y�r
Approved
CITY OF FRIDL�Y
PLA1J"�IPi, CJN,MIS5ZOtd M'f•.TINC� DECF..�73F.R 6, 197Fi
CAI.L m0 ORU.ti]R •
Chairman Harris called the December 6, 1978, P1Anning Couaniasion Mectin� to order at
7:35 �•M•
Idembers PreBent: Ned SLorla, LeRo,y Oquict� Richard K.arris� Virginia Schnabel�
Robert Petersen� Jsmes Langenfeld
Members Absent: None
Othern Present: Jerry P.oardman� City Planner
1. APPROVE PLAR'I'IIIdG CO1+�;ISSION M221U'I'ES: PIO'J�AtEER 22, 1978:
MOTIOY by tbr. Langenfeld, seconded by Mr. Oquist to approve the Nwember 22, 1978
Pianning Coaunisaiou t+'Snutes.
Ms. Sch�:bel noted tbet on page 5, the last psragraphJ Chairmnn Fiarris's name was
left oTf the recorded vote. Chsirman Harris voted sye.
Mr. Storla noted thet on page 9� third poragraph should read: °tdr. Storla steted
t;hat low incor:e people pay ten tines mere of their gross ince�e on ener�,y tb2n
the upper most incom$ people". Change middle income to upper wost income.
UP021 A COIC:; VOTE, ALL VO'i`ING AYE, CHAIR2�tAN HARF2I5 DECLAP,ED TFiE MINUPES APYROVED,
AS CORAECTLD.
2. Pc,���G I��I��'^• or�Grn^Ramlora �F n�ta�n�n aaFrrt�rrnranv prnm, r^�T���r�-� rnxn
�pI'i'v FZR�r a D'mT0'1 RY Ad" R_ T•'CRi°a';r�'c^R� Be;a:3 a reglat of All oi' thc
Southwest �uarter of the Idorthirest Quarter of Section 2, T-30� R-2�+� Anoka
County, biinaesota; except the South 877.87 feet thareof� l;�ing TdesCer:y aY
Stat� Trunk Aigsway P�o. �57. Subject to eaeene.nt for utility purposas over the
North �0 feet of said Southwest Qusrter of the Norihkest Auarter, lying �desterly
of present Stete Tr,:nl; Hi�ht;ay No. 47 excent Eaeterly 115 feeL- thereoi', and the
West 20 feet oi the ��cter�y 115 feet of said southwest Quarter of the Ir'orthwest
Quarter� lying F;ester],y and adjacent to Weet line of State Trunk Highway A'o. 47�
general�y located at 83r3 and University Avenues N.E.
ASaTION by Idr. Peterson� seconded by Mr. Langenfeld to open the public hearing.
UPOY A VOICE VOTE� pLL VOTIN,�, AYE� CHAIRi7AY HARRIS DECLARED THE PUBLIC I�ARIIl'G OPEIJ
AT 7:40 P.M.
Mr. floardman stated this was located on £33rd betweeu b7ain and Universit,y, where tbe
tiour.e of Lo�s wn:, presently locatcd. This propert,y tir+�c zoned l�eavy industrinl and
they ore lookin3 at an acre and s holf p�rcel. The platting es lryed out �ectn o11
tha requirements of our plattint± or3iunr,ce. S°W�r and vatcr is in 83r3 Street and
Maiu Street atxi Wlil Ue er.tended doti�*i the ser�-lce drivc, so ell of the lots are
served L,y ceuer nnd Nater. bir. Nonrdr.�n si:;�t�d tt�tat St:�ff Selt tk�2t it shoiild Ue
stipulatcd that before nqv development takes place� thcre s2ioiild be A stor.m water
retention pinn. On all ncw parcels, p.LE�G ur naw developments� there e2�ould be
on-cite etorm uater retention.
1
PLhidNIT7G CO?�rQSSION Mi7:TItJ,� llF.CI'1�lF:ER �� 1978 ___ I'n�E 2 1 A
Mr. Aoardman stnted thut there were 5 lot� in IIlock 2� and 1 lot in Elock 1. Lota
1 4nd 2 of Silock 2� ,�na r.ot i of Fllock l� Are zoned co�ercial (G2}, I,ota 3� 4 nnd
5 of Block 2 are zoned industrirsl.
Mr. Peterson aaked vhat the situation waa re�ardi� Park Dedication.
Mr. Bonrd�can atated that with commercial and industrial praperty� they tuke fees vith
development� in other worde, they chsr�e it off As part of the Buildins Permit. With
sing,le femilY it voul.d be payable at the time of the plat. With commercisi and indust-
rial it amounts to 3°�.
Mr. Harrls aeked Lhe petitioner to step forward.
Mr. Ray Wormsb4eker, 32� td. Lilac Drive csme forward and stated tt�at the reason they
wanted to plat this piece of property aas that first of all the Houce of I,orfls was
builis on part oS it and the City� Mr. Bcardman And the Staff, uas interested in having
it platted out so they can use it for fn�ther developnent� and he was doing the job.
Mr. Harris Asked if they had all the necessary easements on �his plat.
Mr. Boardman that he believed they did, and according to the cormaents from C3yde� they
hed all the easements they needed at this time.
Mr. Harris asked i£ there would be a need for nny easements on the south property line.
Mr. Boardman stated that they wouldn't� that all necessery utilities were in the boule-
vard area.
Mr. Peterson as3;ed if, regarding the storm water disposal, it woul.d be the responsibility
of xhoever took out a building permit oa a specific parcel.
Mr. Bosrdman stated that� in this situation, they xould like to coordinate the 3rainage
between the tbree parcels, and 3f this was vossible, they would like to have it done ¢t
this time. Ii they felt thaf couldn't hand�e it at this time� they would then have to
wait for the development.
Mr. Harris stated that he felt the lots were lerge enough to get on-site drninage.
hIr. Langenfeld stated that tbis property wes the starting point of thzir enviroamental
Itour and from his observation, did not feel that on-cite drainage would be a problem.
�kIOTION by �. Langenfeld� seconded by b7r. Peterson� to close the Public Hearing.
UPON A VOICE V01'E� ALL VOSIIS�; AYE� CHAIRMAN FiAIiR2S DECL,�'.�D ?'i� PUi?LIC HGAl?IIv'G CLOSED
AT 7:50 P.M.
ION by Mr. Peterson, cecended by Mr. Oquist to recommend to Council approval of
request to consideration of a proposed urelirsinary plet� P.S. j'78-06, C?�A Realty
ot Addition by Ray R. F:orc�soecker; Reing � rcpint of rzll o£ the Southwest Ruarter
the Northwest Quari:er of Section 2� i-30, R-2�+� llnolw County� Atinnesota; except
South 677.87 feet thereof, �yin3 Ide:terly of State R�'unk Highuny No. k7. Subject
easement fer utility purpose4 over the A;orth 20 Sect of snid SouLhwest Quarter o£
Northvcst Quarter, lyin„ �desterl,y of pre�ent State Triwk l:i�;tn+�y rro. 47 except
terly 115 feet thereof� c�nd the West 20 feet of Lhe �asterJy lly feet of said South-
t�uarter of Lhe IQOrthxest Quarter� lyinp, Wester�y ond adjacent to Weat liue of
te Trunk Iiighcra,y No. 47� general�y located at f33rd nnd Univere.ity Avenues N.E.
PLANPIIt7G COt�MISSIOri N�F.CrIT��",� PECI?1�1?ER �i� 1978 - PAGE 3
UPOtd A VOIC� VOTE� ALL VQTII:G A7f�� CifAIR;MP1 fiANRIS DECLAl?ED Ti� MCJTION CI�RRIID
UtdANIMOUSLY.
Mr. IIoardmon stated that the atipulation would Ue handied uith the BuildinII Permit.
3. PUi'.I.iC f;E�RI1:G: C01�iSID;�Rt,TI0�1 Or A P,r()UEST POR A SPEC7N� iT.�E P�P�•'IIT� sP �17�-13,
liY S'i}.�n;;r Ftl�t7:'.0?L l�jl; A?;I:l,iti;SC/i'A PE,11tGLFU"1 S�RVIC�: Per ;�oci;ion 2U5.101� 3� ��
of the k'ridley Cale� to aiiox sales nnd service i'or the installation oP service
station equipment on Lots 20� 21 and 22� filock 13� Iiamiiton's Addition to
Mechr�nicsville, the same being 5333 University Avenue N.�.
MOTIOk7 by Mr. Storla� seconded by Ms. Schnabel� to open -tiie public hearing.
UPOId A VOICE VOTE� ALL VOTING AYE� CAAIRt6AN HAIiRIS DECI.l1I?ED 3'H� PUBLIC HEAAING OPEN
AT 7: 53 r. t+t. .
Mr. Boardman stated that this was another proposal far the aid Metro 500 station.
�
Mr, Oquist asked what t�ad happened to the sign cnmpauy i7�at xas there.
Mr. Boardman stated that the sign company had pulled out s%ter they received approval
frorn City Cauacil.
J+1r. Boardnan stated thst these people repair and work on gas pumps. Mr. Boardnsn stated
they were looking at the sa�e basic i::.*orovements they had discussed zrl.th the sign
compaz�y. They were plsnnin� on doin3 landscaping and curbing in the front aree� and
there would be s board-on-board screening fence in the back area. Thare wnuld oe come
outside storage of equipsnent and gas pw3os. Mr. Boar@u�.an pointe3 out ti'ir:t the laa3-
scaping and curbino ar.d green area in f'ront will be a gAneral i..;'prove�aent of the area�
and would be tied in with the lsndscsping of the Standard Station next door:
Mr. Steven Hanson, 12057 Duke Drive N.E. cnne forward and read the Yollowing letter:
'�Minnesota Petrolewn was forned.in A;ay of 1975• i°?innesota Petrole� is basically a
service organization Wnich does work for varicus companies and i,.3ivid�als who use
petroleum pra3ucts. So�e of tl�e serv3ces We provide include pr3vate fuelinc� systems,
such as the one we �re pFe�ently doing at Lambert Ia.m�er in Fridley. k'e also do
iactallation at apartment co�lexes for their secondary heAting �,*stems, which is
usually fuel oil. Hacaever, most of our customers �re service s�ations. The services
which we provide include repair of puaips which people may have ran into from time to
time, equipment brealcdo�ms, we do underground tank and i'uel system instsllutions, we
do piping, hoist installations and lubrica�ion systems. Dlost of our work is done awyy
from st�op location� however we do need a shop with adequate oatside stora�e Por bulky
items such as sir compressors, hoists, pumps� niscellar.eaus equipWent, an3 their own
equipment." Mr. Hanson stated that he felt they would be an asset to the City of
Fridley aad vauld try to keep the pronerty in a very tidy and neat organi:.Ation and
keep it pleasing to everybody concerned.
Mr. Harris asked if the outside storoge area would be used basico].�y for pumps 3n line
Por repair, or if they were �,oing to store tanks back there ar vhat.
Mr, iinnson atated tl�ey have an air eompres�or snd jsck hnr�er which thcy c.•ould store
on tt�e aide. They also have several 2-wheeled trailerv they use far hssuling equipment.
The pum�s they would be storii�g wouZd be pi�:pc they are holding for customere� or pLUnpa
waitir�; for repnir, und occnsionally nex pumps. hfr. Hanson ststed they ��ere going
to inetall a Sence tt�at would be 6 to 7 feet hi�h� to lceep ever�•thing beiow eye level�
and Would be a Ycnce you couldn't see thrau�;h� because they wrovld lil:e to kaep people
aWqy froa those thii�s.
PLAtTNIPtG COf✓MI.^:`:70N MFETIt',, D�Ci14}lIiit 6� 197i PACE �� 1 C
Nfr. Hnrria ssked if they kould be ctoring containers of any kind.
Mr. Hanson atated they would pon�ib]y be �toring 55 gallon druma for. hoist oil and
motor oil. They would want to keep the undcrground atorage tanks that are presently
there for fuelin; their orm trucks, And make use of them� so they would not huve a�y-
thing that dungerouc above ground.
Mr. Langenfeld asked if there would be velding on the premises.
Mr. iLinaon etsted that they occasiona2ly do minor Welding� snd do have an arc welder,
but Would use it very aeldom. Usually tkeey would do the weldtng on the job, away fr�
the shop. N,ost of the uork Would be done at the customers place, rather than on the
premisea.
Mr. Oquist asked if they would have a paint boath� to paint the pumps when they repair
them.
Mr. Hansan stated they ususally don�t do any painting, other tl�an with a spray can.
Ms. Schnabel asked how they crould use the building, if they would be storing any veh2cles
in there.
Mr. Hanson stated they would have the hoiet in there, and thcat they do their rnan main-
tenance on their own trucks� rsnd would use it for that. Also they would stare parts
and maintenance type ite�s� such as punp bandles, etc., in the service bay to the north.
Also, in the south portioa of the buildiag, in addition to repairing their own trucks,
they would set up a shop to repair anything tl�st �ot damaged� such pw:ps which xere run
into.
Ms. Schnabel asked how soon they vrould start operating after they received complete
apprcval� and bow soon they wou7.d �tart construction of the screening fence.
Mr. Hanson stated he wovld move into the facility a� soon as possible, and es far as
the fence, he wasn't sure what the frost situation was. 2•ir. Iianson st�ted -ihat they
had a timetable they would follo�a which inclnded removin� the �+ li�hts in front� re-
move the concrete sign in �he boulevard, remove the bumper guarfls on tha er.istir�
islands, take care of tbe concrete in front so they could plow, cwd so no one would
step in there. He would like to get the fence up this year if the frost Rssn�t too
bad� and Was looking at 1978 to get those thingG done, and would install the green
area in the front in the spring of 1979. Also they would be fixing up an office area.
Ms. Schnabel stated she could understand the hardships oi' putting up a fence in the
�rinter� but was concerned about the gas punus and such which would be stored outside
and would crer�te an un-sightly situation for the residents adjscent to the property�
and fe2t the residents wouldn�t like it.
Mr. HAnson stated he would like to get the fence up before they stsrted storing az�y-
thing outside, snd if they couldn�t get the whole fence up� �aybe they could at lesat
get the back part up.
Mr. Boardman stated that he had discussed they wi.th Afr. Hnnson and told him it waild
probably be a condition that tlie fence be put up as soon as pos:,ible. Mr. Bonrdmsn
also noted that Dir. Hanson had o jack haunner, xhich would help.
rLnttttzr�r rot�+us�ION t9�I11^, D�CE►�f'FR 6, 1�75 - PACE 5 1 D
Ms. Schnabel nated that Mr. Iirinsou �,�s preccntly locnt�d in Minneapolis� and a�ked
iY thcy wou'ld be crnnbining nll their facilitiea into thia one location.
Mr. Hanson ntnted tha't they would.
Mr. Lnn�enteld asked if Mr. Boardnan or h7�'• 1lancon had mnde the list on page 20 of
the agenda.
D4r. finnson stated he had made the list and noted thst the fence would be board� not
chnin link.
Mr. OquisL noted ti�at Ho. 8 on the lis+ mentioned storage of solvent.
Mr. Boardnan stated ihat they had three tanks underground and would use one for heating
oil� one for the stora�e of soll�ent� and one for gasoline for their own vehicles.
Mr. Lz�ngenfeld stated th�t the Co:�iercir�l-Industrial Purchase Agreement stated the
oSfer wowld be null �nd void if the buyer did not accept the property "as-is"� etc.
snd would like to icnow if i�ir. Aanson had accepted the property "as-is".
Ns. Hanson etated there was an attachttent with contingences regarding the heating
system, souad construction� and approval of the Soecial Use Perait� etc.
N1�c. Langenfeld asked if they Youn3 a tank leaking, did they report it to the Pollution
Control.
Mr, Aanson stated they do deal with the PCA and are obligated to notiij� then iP a cus-
toner eveu cuspec�s a leak.
MQTIQN by thr. Lan�enfeld, seconded by t•7r. Oquist to close the public hearing.
UPON A VOICis VOTE, A,LL Va3'IIvG AYE, CHF�IRb�AN HlaRRIS DECLARID TI� PU5LIC HEARIidG CLOSID
AT 8:Z6 P.M.
Ms. Schnabel stated thet at the time oY the l�zst reauest on this property, tbere were
severel nei�hbors who came and were concerned about screening� and i£ Nir. Hanson were
�.*illing to screen -the rear prop°rt5• line i�nedia�ely, either prio: to start o£ opera-
tion or at the ti:ne operation begias, she would have no objec-tion.
Mr. Boardman stated that ii tbey could get the rear screened, they should be able to
screen all oY it and felt a condition �hould be that they screen all of it iunnediately.
D7pTI0N by Ms. Schaabel, seconded by Mr. Oau3st, to recormend to Ceuncil approval of
the request for a Special Use Pernit, sP-,�78-i3, by Steven Hanson, D�B�A T;innesota
Petroleum £�ervice: Per �ection 207.101, 3, 0, of the Pridley Ca9e, to sllow salec�
nnd service for the in�tallation of service st�ation equip�nent on Lots 20, 21, and 22,
Rlock 13, If2.milton's Addition to *'echanicsville� the same being 5333 University Ave. I�B.
wlth the stipulntion that solid ccreenin� fence be erected immediate]y on the outeide
stora�e area, A1�3 ¢lso the stipulatioa thrzt lt�ndscflping be completed in the Spriqg and
be coordinated nnd camputible wizh the landccaping of Standard Oil on the south side.
PTAPtNING C0;+�4ISSIQP114FF'i'IT7�� DRCr1�1'P'R fi, 1�7f3 - _ PACE 6
���
Mr. L�n��nf'eld stated thut he would liY.e to co�nmend Mr. Hnnson for iiin preaeatation�
and feli: that iP his busineae wn� ae Loo3 css hic pre�entation� he �rould be an anset
to the City.
UPOTi A VOICE VOTE� AiL VOPING AYE� CAAIR2r,AI9 ifARRIS UL'CLAFiID TI� N(iT�flN �AHI?�D
UNANZldOUSLY.
4. Ldl` SP7.IT RI?QIIE.`Z' L.S. i173'�5 �Y DAIi_7,nSI P_EVSLflPb?EPIT C6iPDRATIDI�: Spiit oYP
the Soui;li ha1S o:' Lot , and add i� to Lot 'j, ull in Llock 11, ti�ilton's Addition
to Mechanicsville, for the pvrpose of movin� a double bungaiow fln 'the combined
area� located just snuth of 5430 5th Street N.E.
Mr. Aoardman sta-ied t2�t this was located an 5th Street just south of the property
they recent�y approved for a tri-plex. W.�en 'that reauest kent to L'auncii last 1`onday�
they informed Couneil that they had picked up Lot �+� as recon�°nded by Planning.
This lab split would be on Lot 6 fcr tve develop.:,.nt oS n duplex. The duples would
be Luilt south of ihe &ingie faraily house which w1s an I.ot � and I�ot b. �dith this
lot split� there zras a variance �oir.� through presently. Tbe cariance would be on
the Appeals Co�.ission ngenda on December 26. They would need s variance on lot area
and also a variance for setback distsnce from the single Yamily house, If they approved
the lot split at this time� it could be subject to the veriance approval by the Roard of
Appeals. The reason it was coming up at tWO disferant tine li.�e this �*as that they
received an attorneys determination on i.he l�t split� and his deternination �ras that on
lot.splits� variances should be separste because varirinces require public hearings and
lot splits no not.
N,r. Harris asked what -the situation was �rith the garsge ar iot $.
ASr. Board�sn stated that the garage was being mwed to ihe beck of I,ot � and would be
totaly on Lot 5. The split would be right down the x�3.ddZe ot I.ot 6.
Mr. Harris asked i3 those were all 40 £oot lots.
Mr. Boardman stated Lhey yrere and the split would give thea two 53 �oot building sites�
at 100 feet deep.
btr. Hsrlan King, 5�+30 5th Street N.E., tiame forward and stated he lives in the single
ho.use. hir. King ststed that there was a double bun,galow in l�-inne�olis ih3t must be
moved because of a highuay� end they aould lil:e to b�� it and mwe it in� but they have
not yet purchase3 it and were not sure they could �et it. I£ they could not purchase
this particular dup3ex� they would build a doubie bungalow on the lot.
Mr. Harris stated if they did move the double bungalow in, upcu moving it in, they would
have to meet all the require�ents of the Cityy Cc�e, and should also check into the
requirements of the Energy Code� nnd nake sure it meets the Energy Code.
Mr. IIosrdman stnted that the City�s inspector woud.d Y�avs to iook ut it bei'ore they
moved it in and alsa after they moved it in.
Mr. Iiarris state3 l�e �rou;ht this up because it could eiiect the negatiations concerning
the purchase of ti�e donble bungnlow.
rr.nr�rrzrrr, cot��tssiorr r�c;r•.�rirac, nrcT,:r�,Fr. 6, i97t3 — P^�� 7 1 F
Mr. DAn Couturc, 251f3.7ackson Strcet i7.�., aaked if thc lot eplit Were approved and
ihey could not purchace the double bun�;ulcnr, and decided to build uith the seme
dimenaionn and all, would it be a problem.
Mr. liarrie ctAted it would not if thcy had the variances and met then.
Mr. IIoardmnn Ntated thia srep was zoned R-3, so the zoning was correct and pointed out
thnt the ctructure surroundin� this property was four-plexes and multiple family units.
Mr. Couture pointed out that they had the on]y front driveway in the block, and when
tbe garage gets turned sround, they would be using the alley� so there would tben be
no drivewqys in the frcnt.
Nfr, Boardm�n askecl hrnr old the structure was that they were planning to move in.
DSr. Couture stated it was 12 years old and was ctucco with a brick front.
Mr. Harris aaked if they wouZd need ar{y easements.
Nm. Iloardman atated he had talked to Clyde� and as Yar as he kneW� they needed no
easements.
Ms. Schnabel stated that she felt this proposal would be very compatible with the
neighborhool. zhe only single £smiZy dwellin� belon�ed to the petitioner� and the
other struc'tures were multiple fp:�ily units. In terms of visual im�ac�� a double
bungalow would be goa] on that lot.
NOTION by Mr. Langenfeld, seccnned by Ais. Schx:abel, to recemend to Council apProval
of the Lot Split request, L.S. �,�78-05, by Dan-Lan D2velop�eut Corporation: Split ofP
the South hal:f of Lot 6, snd add ii to I,ot 7, all in Block ll, Iitsmilton's Addition to
Mechariicsville, for the �urpose oi moving a double Sungalow on the ccmbined ax�•�a� lo-
cated just sowth o� 5�F3o 5th Si;reet PT.E. uith the stipulation that the variance requests
are approved by the Hoard of oppeals, and also �he stipulation that the building neets
the City of r^ridley's Building and Energy Codes.
UPON A VOICE V6'P�� ALL VOTIR'C AYE� CHAIFiD'AN HARRIS DECLAP.ID THE N,QTION CARRI�D
5. CONTIPdUr."D: A".y�'?�fORANDL�I�I OF AGFEEI�?v'T:
Mr. Storla noted that this item htzd been tsbled.
6. CONSULTAPr'P FROPOSALS P'0� DO��IN'Pa�I REVITALI2JITI�N; MID47EST PLANNSITG ANtI RESEARCHs IR`C�
DEVEI.OPi•�:�7T C0:7CBPi CQt�P03hTI0id� L;sOid D;ADSLN� YROFESSIONAL PLANNIPiG & Dr,VELOPMED"P
Mr. Borsrdman ctated that Council Fould probab�y be selecting a consultsnt at their
December ldth meeting� and right now the City Manager's of£ice was in the process of
an extensive review of the proposals.
Mr. !iarris asked if they had received a�y response from the local busincss community
or the Clmmber uS Cor�eree regardinb this proposal.
Mr. I�oan3man stnted he hnd not l�eard any response as yet� nnd stated that at the meeting
Nhere the consultant.� msde their prouocals, Abo'.tt 70�i of the lundouners rrere represented
nnd hc hnd t�lked to some of them after the meeting and Fred Levi wos very intereated ixi
the propoaal�.
PLANWINC CO}'MI°nION Mi7`P1TIG� i)F'CF'P7f3T'R C, i97� _ pnr,E 8_
1G
Mr. Peter�on otuted that in �Calking to businecsmen in the com�m�nity Who crere reaident
taxpqyera, it had bcen indicnted to him that tticy Selt ttie bit; push Tor hiring u
consultiant wps becauae the Str�ff and profesNionels in City govexzv�ent were loo}:ing Sor
juntific�tlon for plana thnt thcy wov.ld like to tuke place in do��utown Fridley.
Mr. Ronrdman stated thai: they had received a letter fro� the Clzanber of Cer,merce asking
them to look into thi�� but there was no push from Stuff. Mr. L'oardml:n indicuted tbat
Steff would like to see com°thi.ng hnppen a� far ps devc:lopbent gocs� but they do not
have development pluns and would not be puttir.� develcpment plan� toe,ether. Their
3ntent on the uhole proposal and the vny they wrote the whole proposal xas thzt they
were lookin� for private initiative with the possibility o£ pacl-.aging land or malsi�3
land available for developaent. At that point ia time� ax�y develop�ent proposals that
would co�e in would be judged on their oWn merit by the City Cou:icil end the propo�uls
per ce, would have to co:ne fron p:ivate develoners, and would not be proposed by the
City Staf£ Por private developmeat.
Mr. Lrtngenield stated that he thought this began because of the land north of City Iiall.
Mr. Boardman stated that it had stsrted when the City Couacil iras discussing whether or
not to purchase that property and there *Aere discus�ions with the Cha�oer of Co�erce
at that time� and also wiTh the business or.�ners in the dountosm area. Th°re were a lot
oY difi'erent ideas as to uhat to do wiih the land availsble and at that point in tim��
the Chanber of Co�nsrce seques�ted they looL• into the possibility of hirin� a consultant.
At that point in ti�e, Ccuncil atatcd thay would put so much �oney into a consultants
report if they h�d a respanse fro� so::.e oF the business crg�nizations. After that� the
consultants lists were put tooether ar.d sent out.
Mr. Peterson stated that the downtrnm area� unless they could do somathing with Hig�way
No. �+7, 2ooks to him that th<y h�ve seme verg d3fPicult ti�es she�d just because o£ the
problem o£ the Highc:$y in terns of tyin� it iogetber. Atr. Feterscn also stated thet if
the Chamber of Co�srce and the adjacent vroaerty o+n:ers were so interesied� wY�y don't
they do like they did with the ?det S±adium, in other xords� if tl�ey k*ant City tax �:oney
spent on con�ultanis� they should co�e up with part of it� because they are the ones
who Wou2d ber.eiit. Dir. Peterson stated thst he felt very f'CS3 peoale �,a•ald benefit from
this study� other than the busines� owners ia the area of downtown.
PSr. Boardman stated he Yelt that the City �:ould also benefit because i;he City was sitting
wlth a lot of scres tit�t �:ere undevelone3 or un3er-developed. This properi;y is just
sitting vacant and probably would rer+ain vacan�t for a leng periol of tim.e and the type
oY development that micht co�e out of there m�Y not be the tyoe of develop�ent that would
be bene£icial to the City. If the City� rith the support of the Chamber of Co:r�erce arni
the busine:smen in the area can put together packages to spark development, wl�y uot?
Mr. Petereon stated tr.at he still felt that the property o�mers taoi�d be the ones to
beiiefit and they should come up with some money flnd not take it out of the City tax
money M�hich is basicnl],y residents. Atr. Peterson si:ated he Was not sure this was a
legitimate function of City government.
Mr. LsngenSeld stoted that he had noted that throughout the docunents he had noted that
tUey Woald utilize tax increment financing mechani�m And would like :w explanation of
i:bat term.
Mr. Poanin�.ln si;ated thst tax ir.cre�ent finsnciiu3 was that it talces property tluzt is pre-
ceut�,y property that is ai a lower tcix bace� ar.d through the cellin�; of Uonds they Hcquire
the property, deve2op the property to a hi„her Eax level ar.d the 3ifTcrence betv.een the
two i:ax levcls pay� off thc ban3s, and then over c� perial of years or �.�hA{; thc,y crsll
incremeut.,, Cho^e Uond.^. are paid oii uith the dii'fcrcuces in tnxes nud nt thnt point in
time� the City r;uuld be �ettin,q u hi�her tax level out oS the properi:y.
PLntm7rr�, cor�:�Z�^zori t•�rzrra, Drr,r•^ar:r•,� 6, t�-�3 rncE 9 1 H
Mz'. Langenfcld ctai�ed that it sounded cpeculative to him.
Mr. Eoardman ci;4ted this was used rather heavily ull wer the Stnte.
Ma. Schnabel asked if that was done Ly re-zoni�g the property or by iuproving the
property.
Mr. IIoardman stated it c,•as done by the ftousin� and Redevelop�ent Autho:ity acguiring
the property throur•�h bond�, they then make the property available for development at
X nur�ber oP doll.�rs� and when the buildin;s are constructed or ce:�pleted� they go on
the tc�x roll� at e hi�ter level, snd the differences in t�xes from before and nfter
the development is what they use to pay oYP the bor�ds. Eo it is basically property
improvenent.
Mr. Oquict stated he had heard discussions to the efYect that it wouldn't be worth
doin� anythin� to drnmtown Fridley because of the -t2+see major shoppiag centers� PJori;h-
town, Apnche, und Brookdale.
Mr. Iiarris stated it could be a combiaation oY lt�eal shoppi.ng, offices and residential.
Mr• Oquisi; e3ked who Would pay for the developnent.
Mr. Boardmatt stated pr3vate developers would pay xor it.
Mr. Boardman stated that this was s staged developmen-t type of pronosal. Stnhe I wo;ild
be u review o£ the msrkets anal5�sis, review of soil� revie;r of sewer and c;ater locaticns
throughout the area. Sta�e II w-oroald be to ana3yze sn econa�ic feasibi2ity study9 to see
if it taou:d be feasible ior the City, through tax increm.ent and other financial or ftmding
programs, to put tc�ether pscka�es o£ Iand. Sta�e III would be a development prosnecius
vhere they would pui; to�etLer prospectus' to send out -to developers so they could iv=�ve
development propo�als co.�ing back to the City at the type of doZlars they would be looking
for� for Lhe packages.
Mr. Oquist asked if they had a�y �uarantee from the existing land rnaners and businessmen�
that whichever consultsnt they choose, �chey will go alang with it and be srilli� to
develop the areA.
Mr. Beardman ststed the consultants wouid tirork very close7,y wi.th the ].end ocmers and
businessmen, ho�eful]y organize some icind of 3and development program with theiu.
Mr. Oqui�t stoted it should come fro:n the businessmen und land o�mers� not from the
City� in order Lo insure they will back it once they are there.
Mr. Peterson stated he felt it was not being developed at present because it obviouc]y
would not be econo�ical];,* fensible unless the City crm:ec in and bailc out the present
properiy owners uith t¢x dollars, and what they are actunlly doing �rr�s suUcidizivg
exi�ting property owner, to fiet the g:operty ta se31 it to anotlier developer nt ei louer
than rcalistic cost and that doesn't add up to him thst they should be doin3 this with
tnx dollars.
Pr,nrrriTe;c cor�!at^s7on r•�:rrrr,, nL,cr^•�;r� 6, i97�3 _ rn�� io
lI
Mr, I3oarcimnn ctntcci the,y vu�;ld toa):e Lhat money up with the t�amount of tri:ca they would
get out of thc prc�erty ufter it vna developed.
Mz'. Lan�enfeld r,t[�ted thst fr a^� the mer_ting the other ni�ht where this was diacusaed�
he understoal th�t ii' Pha�e I sHaaed it Wus not ecpnomicully fea�ible� it Wo•.xld enci
the whole thin�, nnd also the pcop.le he ha3 talked to ebout this £elt that the mr,jor
shoppin;; ceater: Were ��othering the bu�inecses economical]y in I'ridley und becau,^,e
of that thNy would en1 up c�itu thi; type of stu3y sooner or later. Trr. Langenfeld
ctated he Selt there aae an eco^�o.^.iic deterioratian goin� pu rir.ht now in the City of
Fridley, and they uould have to act to revitilize the whole econousy.
Mr. Harris stated they had tried private development in the area snd it didn�t Hork.
It appears to hir.i that they r.�ed leadership and the consult�nts tirou:.d provide that.
The idea behind the consv?zants Uaa zo havc them tell the City what iract they shovld
be on. They reco�±�,er.ded at tb� �eetin� �aith Cotmcil� that they st�ge this cnnsultants
busiaess in four stages which would coincide with the cen�ultants' phesee. After each
phase� the City wa�ald receive a report, an�lyze it and then decide if thPy sho��ld go on
to the next pUa�e. 2•s. P.arris statad tbat one of the tt,ings that bot�ered hica abput the
proposal� �;�s tha� the lan;uage re5arclin� prices xns kin3 of loose. If you added up tk:e
t.op en3 of all tl�eir ran�es, it 2dded un to w42,000. Another thing that '6oihered him
was that the prouosals inplie3 that in order to entice a private davelaper in here, tbey
would hrive to give a��y so�ething. It ��as not in there in writing, but was im�lied.
Mr: Boardman stated that he felt they neant that the City would have to provide incentive�
using sc�e of tbe fir,ancial tools arailnble to ther� to encoura�e develepment. If they
use tex dollars to enccura�e develep�ent, they wauld get i,ax dolZars out oS it.
Mr. Peterson stated i:e couldn`t see �ahet they Fould put in to generate ia�c dollars� ii'
it wasn't co�nercial.
Mr. Eoardm��n stated they ceuld, Por instance, put in a six story building wiih of£ices,
resideats, anfl loWer con�ercial:
Mr. Peterson stated that could be done by changing zoning.
Mr. Lrzngenfeld stated that they should contact some of the other cities tbat have gone
ihrough tl�is. In the city of Faribault, Sor instance� he wos aware that it didn't �.*orlt
to have consultants plan development.
Mr. Boardmnn stated they were presently checking with all the other cities these con-
sultsr.ts h�ve Morked for.
Ms. Schnabel asked hour m.tmy acre� of land they were talking about in the sti:dy.
Mr. Boas3man stated tl�t had ectimated ti�t the amount of land thAt could be open fpr
developmant was from 30 to 1a0 acres.
Ms, SchnaUel stated �lwt she �rtss not reco�nending they do it, but it seemed io her that
$�42�00� was not a lot of money when they uere tallcin,q about 40 ecres:
PLAP:Plii7C COA:R7I^iI0;7 1�PTTII.".;� DP:CI'hL�;F.R �� 1.978 PAGF. 11 1 J
Me. £chrwbel asked if the Chamher of Coirmierce or the businesamen involved hnd been
appronched to come up with ;ome of' the money.
Mr. Bosrdman stated, to the beat of hia knosrledge, they had not.
MOTION by Mr. Yeterr>on, ceconded by Ms. Schnabel to recommend to Council that they pro-
ceed with a con�ultrjnt, but that they aroceed with either speciel assee�ment oF the
property owners in the area or with a coopera�ive finnncing of 2�3rds - 1�3rd. 2�3rda
of tax dollars and 1�3rd i'rom the pro�ert.y oWners in the area to p�y for it.
Ms. Schnabel ctated an ati;empt ehould be made to try to encourage the business coamiunity
in tBe area to become involved in a financial Way.
UPON A VOICE VO'I'�, ALL VOTING AYE� CHAIRt•:P.N FiARRIS DECLARID THE 240TIOId CARRIED
Mr. Horris stated he felt the,y should select thz least er.pensive consultant� ProPessional
Planning and Developmeat, because P:�ase I and Ph�se II uould be tha sarae from any oi tl�e
three concultants. Professional Planaing and Development would cost Y15,500.
N,OTION by Mr. Storla, seconded by h�. Oquist to recou�end to Council that they select
Profesaional Plannin� and Development.
Mr. Langenfeld stated he would like to hear whet other cities tbat have used this con-
sultant had to say. He felt ProYessioaal Planning and Develoument's presentation was
too technical snd it was dif�icult to uaderstand whst he was srying.
Ms. Sc?�nabel stated tflat ProEe�cional PZanning and DeveZopinent ter3s to lean very he�rilq
toward government financing vith a lot of the projects �hey had discussed� �ore so than
the other two. IE'ot havin� heard tbe actual proposals �de by the people involved with
this, she would vote a3ainst the motion because she did not feel quali£ied at this point
to go alon,a, uith this recom�endation. .
Mr. Iloardma:� stated that all of t�e consultants wculd bave to use sonw kind of tax iucre-
ruent or federal iunding.
Mr. Peterson ststed he felt somewhat like Ms. Schnabel, but hAVing read the proposal.^>,
he felt Professional Plaaning and Development was more realistic as to where the mnney
Was coming fra*a than tne other two.
Mr. Harris stated he was disappointed with the respor,se they received, in receivin� pro-
posrZ:, from only three. A1so he �elt tl�e consultants who did submit proposuls could
have done more �round Work. Mr, H�rris stated he felt they di3 net have a&ood feel
as to what the City Was looking for, but maybe it wasn't uttu�ual ut this point.
Mr. Boardnan stated that Professional Plaaning and Development hed pushed for invol.vement
oS the downtown business cou�unity.
hh�. Lengenfeld stated that he felt more study should be done� and would not vote £or
the motion
Ms. Schnnbel stated she wasn�t against it, but d3dn�t feel prepared to celect one plan
over the other.
Uf'ON A �'OIC� l'CII'E� MR. HARRIS� MR. PETl'P.SOAT� MR. OC?UI�T� t'[�'. STORLA VQTING AYE� AA�D
AiS. SCI�NAL�L AA'D D�, LANC�NP'PLD VOTIIV� N11Y� C?iAISA1AIV HARRIS D�CiAl'SD Tf� h101'ION CATiRIED
4 TO 2.
PLnKNItv , COP?M7SSION 1dEL•'T7^1G, DF(,Tt!i'.R[; E�, 1978 - PAC� 12 � K
7. RECEIVE COT'^fiJNI7'Y DEI�i'sI,OP1�fE1vT CO!�4ISSION MINU'PES: NOVF.hiBITt 1�+, 1978:
MOTIQPJ by M.r. Oquist� �ecor,ded by Ms. Schnabel� to receive the P�iovember 14� 1978,
Community llevelopment Commiccion minutea.
N,r. Oqui�t stated th�y had spent the wbole time going throttbh the zoning chan�es,
and hoped to Sinish it ofS next tfine.
UPON A VOIC�' YOTE� ALL VQTING AY�� CHAIl?MAN ITARRIS DECLARED THE MOTION CARRIE;D
UNA:dIMOtJSLY.
8. RECEIVF E?:ZAGY PP,OJECT COt��dI4'I'L'E MIPIUPES: PdOVED'��R 15, 1978:
TSOTIOTd by Mr. Lan�enfeld, seconded by A1r. Storla� ta receive th� November 15� 1978�
Eneray Project Co�ittee ninutes.
Mr. Harris stated they had n good turn-out and at the ne�et meeting they would select
a chairman. He would not be able Lo attend tl�e next meeting and asked hir. Iaugenfeld
to lead it.
Mr. Boardman stated that NSP and M�nnegasco v�ould have resource people at the next
meeting and they �aou13 also have resource people attend the meetings reguiarly.
Mr. Lenbenfeld asked Air. F.arris if he vras open for nemination to chair the Co�i.ttee.
Mr. Harris stated he would do whatever the Committee c;anted him tD do.
UPON A�'OICE VdTE� ALL VOTI�G AYE� CHAIf2MAN I3ARnIS DECL.4RED THE IdUPI02d CARRIID UNAPTL"i0U5LY.
9. RECEIVE APPT'ALS CO?^�1SSI�N fdIP;UTES: SPECIAL D'�ETING� P'OVE?,!_'�ER 28, 1978:
N!OTIOTd b,y Ms. Schnabel, secanded by Mr. Peterson, to receive the November 2$, 1978,
Appeals Co;�ission minutes.
Me. Schnabel stated they were still working on the zoning ordinaace, but would not have
another special neeting. Page 1 re£ers to their concern for definitions for "Fc�mily"
and "Occupancy Limit" and h�d received a coDy oi Pdinneapolis' nousir.g code and their
definition of "Fami],y" was briefiy,they consider family to be ger6ons kno are related.by
bloo3, marriage, adoption, etc., and for thai, there 3s no limit on the number of persons
per housenold. People who are non-related are limited to 5 people per household
in excess of parents and children iS it is a foster home or that type of thing.
Mr. Langeufeld asked if Mr. IIoard�,sn would broaden himsel£ regardin; his co�nent on
page 1, the last p„ragraph, regarding o�riodic review of S�eci�l Use Perr�its. DSr.
I3onrdmsn had stated thflt perio�ic review would create a lot oi extra paper work and
vouldn't accomplich much. It would be better i;o handle it on a comolaint basis.
Mr. Eoardman stnted that was wnat he wanted to sayr� and didn't see.the productiveness
of peria3lc review.
1�4. Langenfeld nsked if Air. Boardman hud found aqything regarding stute codes on
building permits.
t�'• Doarcimnn state3 he ha3n't loo!ced into it yet.
UPO:i A VOICE 4'pTS� �I,L VOTING AY�� CI{AII',A4AN JW2RI9 D�CLARED TIiE b10TI0N C/IRRIF.D UNr1AiB�;011SLY,
Pr�nrnlrwc co�ssiorr i�ritr� nrcF:rn�ra 6, i97e r� a3 1 L
10, OTHIIi EUSINESS: .
A. Mr. Peterson stated that the Parks and Recreation Co�ission had met on Nc7vember 27�
but the minuLe� weren�t here yet.
B. Mr. Boerdman stated that had made upplicatinn £ar IIUD bonus money £or acquisitian a�
sub-standard units Yor development for low mort�nge or �Lb-financial mortgage rate
housind for lrn+ and moderate ir.come large far.tiiies. At this time we 3iave made a list
of tentative units that could be scquired. We are not looking at condom3nums, but
actual ecquisitioa of the properties ti+iih negatint3ons going on present�y. 3t 3floks
like we vovld be eligible for y�32,000 for acquisition.
C. There are tKO LA47COt1 projects uhich they have submitte3 to tdetro Council �ity P3.r�nn�
Agency. They ranY.ed Ido. 3 on con..traction vf a nature center building st fiort3� Park
Yor �'�2�0�000� $1£?0�000 ctate and i'ederal monies� and �;63�000 local monies. 'rIe rarked
110. 5 wi-L-h the acquisition o: t: e Sears property and are in the negotiating pmeess
at this point in time� with Bob 8hore.
D. Mr, Peterson suggeated that they consider eance]1i.ng the December 20 meeting af ti�e
P].t�nning Coffiission.
Mr, Boardman was not Eure anything had been s�heduled.
M(7I'ION by 2�. Peterson, seconded by A`r, t�uist to canceZ the I3iecember �0� 3978 mee�Ling
of the Planning Ca:�ission.
UPOi�l A �'OICE VO�� ALL VOTL'uu A:E� CP,.A1I?i�SA!4 HpZiRIS DECLARED THE A^.OTIO:L CA�FiI�D
t7I4AATIMDUSLY.
ASOTION by Yfs. Lan�enfeld� seconded by Mr. Pe�erson to adjourn the December 6, 3978
meeting of the Pkaaning Commission.
UPON A VOICE VtYl'E� ALL VpTI2,G AY�� CHAIRMAN EAAEi3S DECLARED THE MEE?'ING }1DJDUffi�ID AT
1A:10 P.M.
Respectfuliy Submitied:
%/.-/.�/. j�t-
Kathy Shelton, Reco�ding 5ecretary
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cn•rv corti�tzssio*i tT�r•.Z�ir�c
Plovember 29� 1976
CdLI, T-------� —ORD�R
Chairperson Kasnszak called the meeting to order at 7;35 P.M.
MEMBERS PRES�P7T; Ed'ward Itaspszak, Larry Chevalier, Harold Belgum,
Carolynn Blanding and Burt Lleaver
I�ttBEP.S ABSENT: None
OT11EItS pP.ESENT: Clyde Moravetz, Blake Balzart
Douglas Hedin, t_ttorney
Greg Gerard, GTV
Ember Reichgott, Legal Counsel £or Storer
Jim Daniels, Iiorthern Cablevision
Bill Schiller, Storer Broadcasting
Ken Brennan
Barbara Hughes
Anne Davis
Mr• tiaspszak asked if there were any changes or corrections to the
minutes of the last_meeting, November 15, 1978.
Mr. Paspszak staYed he had several corrections, Page 5, third
paragxaph, second line, the word should be "ha_ ve" at the end of
the sentence, not "nave". Page 5, seventh paragranh, line 9, the
word "ground" should have been "drown"; also the next line, line 10,
it should be "nrime rate" not "orine time". Pa�e G, fourth paragraph,
first line, after the WOY(� "franchise" insert °agreement" 30 CI72
line will read, "Mz, ::aspszak stated his concern was that going
through the franchise agreement time and time again the comnany has
not complied with various provisions in the franchise .
Page 9, eighth paragranh, first line the word "producting".should be
��Aroducinr". Page 10, second to last
�'. Chevalier if he had made that statement�regard ng �ennno�asked
Couiity idorkshop. .•;r. Chevalier stated he did not recall saying
that. Mr, iSelgum stated ite orobably had made the statement so the
state.ment should read "*Ir. Belgum suggested gettin� some input from
the Anolca County Workshop p=ior to the next meeting."
rir• Kaspszak asked if there were any more changes or additions.
MOTION by Mr, lccaver to accept the minutes of the November 15, 1978
meeting as amended. Mr. L'elgum seconded the motion. Lnon a voice
vote, all votins aye, [he motion carried unanimously.
1. OLD BpgINgSg;
A. Status Report from idortliern Cablevision P.egarding the Merger
and the Projected Pro�ramming
ZA
Pape 2 CATV COMttISSI0t7 PiTiI�7'ItiG November 29, 1978
Mr. llaniels introduced tUe Vice President of. Storer, 21r. Bill Schiller.
Mr. Daniels passed out Storer's 1977 Mnual Heport to the Commission.
He atated they have Ueen active in Nlinnesota in the past months.
He stated they were interested in acquirin� the Fridley franchise
and operating in the city. They acquired BloominFton in early September.
lie sLated thcy had added subscribcrs in Bloominp,ton through their
marketing efforts and other promotions to the tune of nearly b00.
lie hopes to do the same in Fridley. He stated he would iike to
entertain some questions from the floor.
Ms. Reichgott stated Mr. *Soravetz had some questions o£ them in
their discussion the day before. The questions were: (1) just
what the latest developments were on the merger; (2) prograimning;
and (3) public access. She stated the Commission could address
these items.
Mr. Schiller stated the contract betweer. Storer and GTV has been
signed. They are �oaiting for apnroval of 12 or 13 Councils. The
FCC also has to give their approval.
2is. Hughes asked P4r. Schiiler if he anticipated any problems with
the merger.
Mr. Schiller stated no, it is just a time element.
2�s. Hughes asked what is going to be the iongest time problem.
Mr. Schiller state3 they hope to have all necessary approvals by
January of 1979.
Ms. Reichoott stated she hoped the approval could be made by the
end oP Janvary.
Mr. l:aspszak asked if it had received sharehoider approval.
PSr. Gerard stated no, because its conditioned on the ability to
transfer the franchise according to the ozdinance.
.Ls. Reichgott stated the two items, approval of the merger and the
amendments, are not that related. The ordinance amendments the
Commission mentioned earlier really don`t seem to present very much
problem. lhey do not have to be on the sane public hearing.
Mr. Kaspszak asked when they e�cpected to petition the Council.
Ms. P�eichgott stated they formally submitted a letter request for a
public hearing.
ilr. Pioravetz stated regarding holding two separate public hearings
it might be the best alternative. liowever, the Commission mi,�ht
mant to delay any recoonnendations to the Council until after the second
public hearing.
Mr. l:aspszak stated the Council had indicated to PSr. Moravetz that
they wanted the amendments•to be a part of tlic transfer. The
23
Pa�e 3 CA7'V COMMISSION MIiP.T7NC NovemUer. 29, 1978
problem we have is tlie hearinr is to be held on January 9th and
the amendments should be part of tlie hearing notice. Ite asked
Mr. Moravetz if we could serve notice that a public hearinF will
be held and then publish anothcr notice saying chaoter and verse
of ti�e specific amendments. Is this appropriate?
Mx. Moravetz stated yes.
Mr. Iiedin stated the public hearing will be before the Cable
Commission. The first Council meetin�; after the public hearing
is January 22nd. He stated at the public hearing we should ask
the company to �ive us references from outside the state. After
the public hearing the Commi.ssion should meet to make their findings
and immediately get that into the Council before the 22nd. The
Council will then decide whether to approve the merger or not.
Mr. liedin stated most of them are housekeeping amendments and could
be handl.ed at the same public hearing. In the alternative it could
be done at a meeting following the 9th.
14r. Kaspszak stated he would like to take the amendments to the
ordinance and put them in the shape they should be presented to
the Council and give those to the Council as soon as possible.
They may have some changes ot corrections. He stated he would
like to get them back before the 9th.
It was decided the amendments (referral to sections to be changed)
would be published with the public hearing notice.
iir. Schiller stated any changes would have to be approved by the
company.
Mr. I:aspszak stated the Council wanted the amendments to be included
with the transfer.
Mr. Belgum asked whey we could not secure references from other
states now.
I�Ir. Hedin stated the Co�ission should follow up on this. 1'he
company will probably be more than happy to give references.
Also, we should see to it that the Council has a copy of their
annual report, as well as what happened in Bloomington.
Mr. Daniels stated Bloomington had gone through the same thing.
77ie Cliairman of their Commission did a very detailed study on
other communit3es that they operate in throughout the United States
aud tliere is a written report.
tlr. Kaspszak stated he had a copy. l3e suggested Mr. Moravetz see
that the other Cocmnission members fiet copies.
TSr. Daniels stated the Chairman did the study independently.
2C
Pape 4 CATV COM1tISSION MP.i"fING Nnvember 29, ].978
Mr. Weaver asked Mr. Gerard what percenta�e of the homes iL Fridley
do they serve.
Mr. Gerard stated 10%. '
Pfr. Weaver stated to Mr. Laniels that SYarer was running significantly
more than 10%. �ould it be reasonable to expect the same in Fridley.
If so, how do they anticipate gettino there.
Mr. Daniels stated they exnected it to increase signif3cantly. In
Bloomington they were at 10% also. Since they took it over in the
middle of September, through the marketing effozts used there, they '
closed November at almost 2600 suUscribers witii some 100 backlogged
connects. ihey were at 2000 when they toak over.
Mr. Schiller stated in looking at the annual report, you have to
remember many areas are not served by basic television. They
do not have six television stations. ::aybe one or two along with
cable. Penetration is very high at these places. You can compare
Fridley with Montgomery, �.lahama. They are at 50%. Storer expects
the same here. It is not only promotion — you have to have quality.
They hope to add services that are attrative Ya the co�unity.
2dr. Weaver aslced how they determi.ne what wouid be attraetive to
Fridley.
Mr. Schiller stated they look at what works in other areas.
I4r. Weaver asked what success they have had with local origination.
Mr. Schiller stated he had been in the business £or 25 years. :Iany
places have tried local origination and it just hasn't worked. There
is not enough ii.terest. It is very hard to compete �aith cotmnercial
stations, l�e stated Montgomery did have some iocal origination, however.
Ae stated the comnany had no objection to local origination. They just
want to see some interest in it.
Mr. Tleaver stated would it be Storer's posit3on to say if there was
a demonstrative viewing audience that they would support it.
t4r. Schiller stated yes.
Mr. Ideaver asked if the comnany had any experience with any locally
originated educational programming.
:fr. Schiller stated they have told educators they could have all
the space they wanted as long as there was interest. They have
had educators all gunho and did nothing about it. If you don't use
it you will lose it.
Mr. Clievalier asl:ed about the facility located in I'ridley. [dould
Storer use this as a base for growth of cable TV in the area.
:fr. Schiller stated they would be using the facility.
2D
Pape S CATV COMi1ISSI0ti M1i1:TIAIG NbvemUcr 29, 1978
i4r. Kasnszak asked Mr.
Commission obtaining a
two companies.
Hedin if there would be any purpose in the
copy of the merger agreement between the
Mr. Schiller stated he did not think we could get a copy.
Mr. Hedin stated he did not feel we needed a copy.
Mr. Kaspszak stated he wanted to know if there was a clause in the
merger that has any default provisions for non-nerformance which at
a later point in time could revert back to General Television.
Mr. Schiller stated the agreement covers the purchase of all GTV's
stock.
Mr, l:aspszak asked if that included the assets and the equipment.
Mi. Schiller stated yes.
Mr. Hedin stated a lot of these questions could be asked at the
public hearing.
Mr. Y.aspszak asked if they had a standard marketing proposal that
they use in other communities.
Mr. Schiller stated right now they have a holiday package in Bloomington.
I3r. P.aspszak asked if they could nrovide the Commission with that
package and any other good ones they might have.
i1r. Schiller stated they would be happy to provide these.
Mr. kaspszak asked if the same officers prevail as far as Northern
is concerned.
21r. Hedin stated not necessarily.
Mr. I:aspszak asked if the Commission could get a list of the officers
of Northern Cablevision.
Mr. Schiller stated they would be happy to provide this.
Mr, l:aspszak asked if Northern had their own financial statement. �
Ptr. Schiller stated yes� but only for Bloomington.
ISr. Hedin stated tliere are three areas to be addressed at the public
hearing; (1) their experience in cable and whether they are financially
able to operate here in Fridley; (2) whether they are willing and able
to operate under our ordinance with tlie amendments; (3) wlietlier they
have got a legitimate business for us.
There was a discussion about Storer and Northcrn Cablevision and
the fact that Nor[hern is a wliolly-owned subsidiary of Storer.
?ir. ICaspszak st�ted the Commission sliould requcst a financial statement
from General Television.
2E
p8 �{� CATV COP1�STSSTO"1 NIi:1:TIT�G November. 29 1978
Is, ICaspszak stated they were interested�only in the Frldley operation.
YIr, lledin stated NorClicrn will l�ave tq give the Commission a report
in March of 1979. The 5% will be based upon that. Ile stated the
Qonun3ss3on could wait until that time for a report.
27r. iLas�szak asked Mr. Schiller if they had done any commercial
pzodactions.
13c. Schiiier stated no.
Mr, Raseszak asked Mr. Schiller if the company allows utilization
o# equipment and facilities for local.origination.
�r, Sc}�i11er stated they did not charge for those services.
Mr, l:aspszak suggested starting on the amendments.
2�C, �e3in stated the imnortance of the first ar,�endment is that the
�tg� if it wants to, can now get 5% of the pay cable receipts. Ri€,ht
mc��a it can't. The original ordinance �•�as very broad. A little over
� g2ar ago the TCC expanded the definition of gross receipts and they
sai3 cae cauld impose our 5% tariff on pay cable.
23r, Sr�aiilar stated 3% stuck out in his mind.
Tfir. lledin stated it is 3%. You can only �o up to 5� if you show a
spetial need. iridley did that vears ago. Fridley originally
p=a}�ased Lhis amendment right after the FCC penaitted this last
year. At that time, GTV said they could not afford it. F7e figured
out lnow anuch it would cost them and if they imoose the 5% of the pai3
cable r2reipts it came out to be somethin� about $400 a year. Mayor
3+�ee and other council members felt it was unfair to do that in view
og 't}ia fact of the financial status of GTV. They did not adopt thai
o�3nance. This then goes into the next amendment. This would
inr3vde gross revenues only c�ithin the city limits of Fridley.
qga$ Playor wants to liave an option to waive the collection of any
a� this. ZE the company is making a special showing of local origi-
naYion and access then they are going to say forget $500-600 or
raiiat�v2r it is. That is why he wants that waiver provision in there-
�� ge3in stated the next amendment is an internal matter. The mone�
rEn�ived from the company will �o to the Commission. Mayor Nee vanLs
t�aat and Lhat is what the amendment accomplishes.
p9r. ii�in stated the next one is about auditing.
yflyese iras a discussion on the renewal period.
l�r, l:as�szak stated tie felt the company would be much more aggressive
�n$ ia�}�efuily caill be more apt to improve their Pro�ramming and im�+rove
theis faci3ities with a 10 year renewal ratl�er than a Live year.
Tis. Reichg�tt sta[ed at the last meeting the Minnesota Cable Board dfl�
a��rov� tl�e association'S petition t:o increase thc renewll time. �
etarsent state rule is the renetaal ir:inchise is 10 years.
ip�_� 7 CA"fV COt�11�1ISSI011 NtiiTING Novemher 29 ].978
nys. 3:eichgoYt sYated they will now increase it with some reeul.atory
�sravisions to safegLiard it. That will be presented at the next
�et1ag, P,ight nas7 Yhat ifl years is probably not going to last very
��g,
I�r. IIedin stated Yfie neact one has to be read in the context of the
psesent ordinanc�. �ight nosa d�snutes between the company and the city are
a�alved in one of 1-wo vays. The company can be charged with a mis-
dl�enteanor far violaT3ng the ordinance and the other way is to rescind
� ordinance. I1Pitfier af these things will ever happen. The third
wa� �en is arbitraLion. r3i this ordinance change does is say that
��e so to arbitratiau and the company does now follow the direction
��he Board a{ �rbi�x'aYian then here is actually what we can�t.
d�r, H�3is� srated t2� nrat ane states they have got a studio and they
�ave tD keep it here and They have to maintain it.
�_ Be�� a$ked i� �th� wDUld iiave to maintain the equipment also.
�r. �-1e33n sYate3 3i� ff�lt we si1dn't have to get that critical.
�„ �aspszak stated 3�y using the word facilities that would include
�qutipment.
,iSz. �edin siai�d ThE neat ane is receiving pariod reports. He
���� �� d�dn't f2a7 �s was needed. IIe £elt the ordinance covers it.
�5r. H�d3n SY3Y£[Z }1E 71E8�E� YD do same more research on conyrights.
t�.� �r�=� ��t�d i�e �ub�.i� semi-annual reports in August and in
F�bznar�.
�_ �n sLa'ted he ]� meni�aned 2ia=ch as the date for getting an
�sna1 raporY and 3i �uld be actaber to go alang with GTV's
ff�xa1 3�ear-
�._ �p�� �kA�l �. �ch3].lar when they vould liice to submit their
�mal rEport.
�Fr. T�hi]1�ar �Yaz�d :apr31.
]�[. 7Jora�eiz �tat�d T�gazd3ng Yhe semi-annual raporY, it is under
��y� t�p3.2g anil staies the company shall submit reports to the
�nz.s:s3nn on ar �ore Febrarary lst and August lst.
�� �az.d �taY�d ��e ;Ca�nission is going to ask for them and
�tt s�qniti.te them,
�„ 7�iglir� sLa2ed ��e �e7Y there ought to be some required deadlines.
q•Q,,yt s�eyIlrd r�yxire �rtaiu 3'�pnrts everq year and i£ you want additional
m�s g�oaa r:aa �hen reyaaesx rh�.
�.,, �� �����t,e� Il;eam3mm� i� as it is.
2F
2G
Pa e 8 CATV COT'R9ISSION "1Tii:TIt7G November 29 7978
Mr. I:aspszak staCed he agreed with Ms. Hughes.
Hr. ?•leaver stated he felt 3t could remain as it is.
It was agreed the amendment could be taken out of the packet.
Ms. t�ughes stated she would like to comment on a few of the amend-
ments. One of them was tl�e section on the waiver. She stated
she would see that as an opuortunity for a city councilman to be
bribed. It is something the Cwmnission really ought to look at.
,� portion of the fees could be waived but not all of them. The
Commission miFht want to write in some restrictions that only thai
Si of paid cable or everything above basic subscriber fees but
she would be very uncomfortable with may waive all. That gives
too much power to the Council and could wipe out the total budget
of the Commission.
Mr, ileaver stated he felt it was the Commission's and Council's
responsibility to keep the franchise active. We don't want to have
another St. Louis Park. If in the interest of keepin� the franchise
active, it is deemed necessary to return all or a portion of the
revenues then he felt it was ihe perrogative of the Commission.
rLs. liughes stated she felt the Co�mission did not have that per=agative.
'the Commission has to do a duty, they have to have money to do it and
the way you get that money is to levy a franchise. 1�erefore, yau rznnot
give it all back.
pir. l�edin stated you couid take out all or.
Ms. Hughes stated she would aiso take out anZ so you would be dozm
to you could waive part o£ it.
Mr, t7eaver aslced :ir. IIedin if he had any objection to deleting 'the
words, all or any.
:Ir. Hedin stated he felt we should leave in any.
Mr. Brennan stated he caonld suggest cross-checking these with t]�e 'Gity
Charter. There are sections in there with deal with franchises.
Mr. Moravetz stated he would check th3s out.
pir. Taspszak stated he and Pir. ?�Teaver had discussed the poss3bility
of an inter-connect arrangement.
Mr, Hedin stated he thought it probably was not legal. He staYed t3ie
Commission should wait to see what happens in the adjacent areas.
Air. iCaspszak mentioned the problem of a penalty for installers.
t[r. Weaver stated he vauld iike to discuss this privately with TSr. �iedin.
2 il
Pape 9 CATV COA1MtISS7017 MEP.TIfIG _ November 29 1978
Iir. Kaspszak stated it was his understanding we could still have
addit'ional amendments drafted between now and January 9th.
Mr. i•ioravetz stated the problem was the notice. Sections that are
going to be discussed have to go into the notice.
It was decided there would be no meeting in December. This meeting
will be considered the December meeting.
Ms. Reichgott stated it was her understanding the 4th would be the
public hearing for both the presentation and the amendments. :he
second meeting after that would be Ehe one where the Commission
vould review and make a proposal to the Council on the 22nd.
Ms. Hughes stated she had some more comments. She stated she
would disagree with the 10 year renewal period. There are some
reasons why five years has some advantap,es. The shorter time
period is a way of assuring some accountability. They would be
on their toes during that last year regarding public access.
The oYher point is franchises are forever. The reason they get
changed is not because of dissatisfaction with the franchise so
much for other kinds of business. ':he disadvantage to aonroaching
any Yhing in the franchise form is that you are giving a monopoly
and you are not going to �et another franchise.
Mr, Raspszak stated the company can come any time and ask for a
renewal.
Ms. IIughes stated these are just the things she feels should be
looked at.
Mr. Belgim stated he would like to find out their experience in
other areas with regard to local programming.
Nir. Schiller stated he would be happy to provide the Commission
with a report on this.
I�TION by 2'ir. Belgum, seconded by Mr. ideaver, to adjourn the meeting.
Rhe meeting adjourned at 9:55 P."I.
Respectfully submitted,
�
" � C.>' �
✓' � � �t.� C G4- L✓
�<-j���
&ayle Goben
Recording Secretary
3
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEV�LOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO TAE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPi20VAL OF SAID PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF h1INNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMEiQTS AND MATERIALS
IN CONNECTION S'IITH SAID PROJECT
�
(aa The purpose of Chapter 474, Minnesota Statutes,
known as the Minnesota Dlunicipal Industrial Development Act
(the "Act") as found and determined by the legislature is to
promote the wel£are of the state by the active attraction and
encourageinent and development of economically sound industry
and commerce to prevent so far as possible the emergence of
blighted and marginal lands and areas of chronic unempl�ynent;
(b) Factors necessitating the active prrnaotion �
and development o� econonically sound industry and conmerce
are the increasing concentration of population in t3ie metro-
politan areas and the rapidly rising increase in th� amount
and cost of governmental services requiren to meet the neads
of the increased population and the need for developnent
of land use which will provide an adequate tax base to �inance
these increased costs and access to employment opportnnities
for such population;
(c) The City Council of the City of �'r?31ey
("the City") has received from The Periman-Rocque Company
(North), a corporation organized under the laws of t31e State
of Minnesota (the °Company") a proposal that the City �under-
take to £inance a Project hereinafter described, thrDUgh the '
issuance of revenne bonds in the form of a single debt in-
strument ("the Note") pursuant to the Act;
�
3A
(.d) The City desires to facilitate the seiec-
tive development of the community, retain and improve its tax
base and help it provide the range oE services and employment
opportunities required by its population; and said Project will
assist the City in achieving those objectives. Said Project
will help to increase assessed valuation of the City and help
maintain a positive relationship between assessed valuation
and debt and enhance the image and reputation of the City;
(e) The Project to be financed by the Note is
a distribution center for the warehousing and distribution
of food products and restaurant supplies to be located in the
City of Fridley, consisting of the acquisition of land and the
construction of buildings and improvements thereon and the
installation of equipment therein, and will result in the
employment of approximately 50 persons to work within the new
facilities;
(f) The City has been advised by representa-
tives of Company that, conventional, commercial financing to
pay the capital cost of the Project is available only on a
limited basis and at such high costs of borro�aing that the
economic £easibility of operating the Project would be signi-
ficantly reduced, but Company has also advised this Council that
with the aid of municipal financing, and its resulting low bor-
rowing cost, the Project is economically more feasible.
IdOW, THEREFORE, BE I.T RESOLVED by the City Council of the
City of Fridley, ilinnesota, as follows:
1. The Council hereby gives preliminary a�proval to
the proposaZ of Company that the City undertake the Project
pursuant to the riinnesota P�Iunicipal Industrial Development
Act (Chapter 474, Minnesota Statutes), consisting o£ the acqui-
sition, construction and equipping o� facilities within the
City pursuant to Company's specifications suitable for the
operations described above and to a revenue agreement
between the City and Company upon such terms and conditions
with provisions for revision from time to time as necessary,
so as to produce income and revenues sufficient to yay, when
due, the principal of and interest on the proposed Note in
the total principal amount of approximately $2.SOO,D00 to
be issued pursuant to the Act to finance the acquisition,
construction and equipping of said Project; and said agreement
may also provide for the entire interest of Company ther�in
to be mortgaged to the purchaser of the Note; and the City
hereby undertakes preliminarily to issue its Note in accordanne
with such terms and conditions;
�3
2. On the basis of information available to this Couneil
it appears, and the Council hereby finds, that said Project
constitutes properties, real and personal, used or useful in
connection with one or more revenue producing enterprises en-
gaged in any business within the meaning of Subdivision la of
Section 474.02 of the Act, that the availability of the financing
under the Act and willingness of the City to furnish such financing
will be a substantial inducement to Company to undertake the
Project, and that the effect of the Project, if undertaken,
will be to encourage the development of economically sound in-
dustry and commerce, to assist in the prevention of the emergence
of blighted and marginal land, to help prevent chronic unemploy-
ment, to help the City retain and improve its tax base and pro-
vide the range of service and employment opportunities required
by its population, to help prevent the movement of talented and
educated persons out of the state and to areas within the State
where their services r.iay not be as effectively used, to promote
more.intensive development and use of land within the City and
to eventually increase the City`s tax base;
3. Said Project is hereby given preliminary approval by
the City subject to the approval of the Project by the Com-
missioner o£ Securities, and subject to final approval by this
Council, Company, and the purchaser of the Note as to the ulti-
mate details of the financing of the Project;
4. In accordance with Subdivision 7a of Section 474.01
Minnesota Statutes, the Mayor of the City is hereby authorized
and directed to submit the proposal for the above described
Project to the Commissioner of Securities, requesting his ap-
proval, and other officers, employees and agents of the City
are hereby authorized to provide the Commissioner with such
preliminary information as he may require;
5. Company has agreed and it is hereby determined that
any and all costs incurred by the City in connection with
the financing of the Project whether or not the Project is
carried to completion and whether or not approved by the
Commissioner will be paid by Company;
6. Briggs and t�lorgan, Professional Associatio.n, acting
as bond counsel, is authorized to assist in the preparation
and review of necessary docur.tents relating to the Project, to
consult with the City Attorney, Company and the purchaser
o£ the Note as to tha matuxities, interest rates and otheY
terms and provisions o� the Idote an� as to the covenants
and other provisions of the necessary docur.ients and to sub-
mit such documents to tiie Council for final approval;
7. Nothinq in this resolution or in the docunents pre-
pared pursuant hereto shall authorize the expenditure of
any municipal funds on the Project other than the revenues
derived from the Project or otherwise granted to the City
for this purpose. The Note shall not constitute a charge,
lien or encumbrance, legal or equitable, upon any property
or funds of the City except the revenue and proceeds pledged to
the payment thereof, nor shall the City be subject to any
liability thereon. The holder of the Note shall never have the
right to compel any exercise of the taxing power of the City to
pay the outstanding principal on the Note or the interest
thereon, or to enforce payment thereof against any property
of the City. The Note shall recite in substance that the
Note, including interest thereon, is payable solely from the
revenue and proceeds pledged to the payment thereof. The Note
shall not constitute a debt of the City within the meaning of
any constitutional or statutory limitation;
8. In anticipation of the approval by the Conmissioner
of Securities and the issuance of the Note to finance all or
a portion of the Project, and in order that completion of the
Project will not be unduly delayed when approved, Company is
hereby authorized to make such expenditures and advances
toward payment of that portion of the costs of the Project
to be financed from the proceeds of the Note as Conpany con-
siders necessary, including the use o£ interim, short-term
financing, subject to reimbursement from the proceeds of the
Note if and when delivered but otherwise without liability
on the part of the City.
Adopted by the City Council of the City of Fridley, Minne-
sota, this 18th day of December, 1978.
Attest:
City Clerk
Mayor
3C
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
I, the undersigned, being the duly qualified and
acting Clerk of the City of Fridley, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in
my office, and that the same is a full, true and complete
transcript of the minutes o� a meeting of the City Council
of said City duly called and held on the date therein indi-
catecl, insofar as such minutes relate to a resolution givinq
preliminary approval to a commercial facilities development
project.
WITNESS my hand and the seal of said CitX this
day of December, 1978.
(SEAL)
City Clerk
3D
3F
The delivery trucks are loaded in the evening hours and are dispatched
early morning hours to allow the first deli.veries at the store at 5:00 A.M.
The drivers are finished up 6efore noon and return between 11:00 A.M. and
3:00 P.M.
The plant, as projected, should be approximately 56,780 square feet
in size. Areas as detailed as follows:
28,600 square feet Dry Storage
15,180 square feet Refrigerated
7,000 square feet Truck Court
6,000 square feet Office & Mezzanine
56,780
A very substantial investment is needed for the 15,180 square feet of
freezer and coolers to protect costly frozen products. The freezer-cooler
would �e within the frame work of the outer structure completely covered
by the building. It is a box wCthi:n a box:
The outside walls of the Distribution Center would be a precast-c�ncrete
made by Fab-Con. At present no color has been determined. The front of the
Center will be nicely landscaped to meet all of the Fridley zoning require-
ments.
There will be a truck parking area on the East end of the site which
will face the Burlington•Northern freight yard.
The people requirements needed to operate the plant will be as follows:
Drivers
Center
Maintenance
Administration
Present
20
0
0
13
33
Future
32
20
3
15
70
Additional
12
20
3
2
37
The Perlman-Rocque Company (North) is an affiliate of The Perlman-
Rocque Company, The Perseco Company, and The Perlman-Rocque Company (REDI),
which are all Illinois Corporations
follows:
A brief history of these companies
The Perlman-Rocque Company was founded in 1974 by T.F. Perlman and
R.E. Rocque servicing two hundred and five McDonald's Restaurants with
related food products only from a rented facility in Elk Grove Village,
Illinois.
In 1976, we moved into our current facility in Lemont, Illinois
supplying two hundred eighty McDonald's restaurants, substantially all
of their food and paper products. Also in 1976, we were awarded by the
Purchasing Committee food and paper products distribution for the
Indianapolis Region adding an additional sixty-five McDonald's Restaurants
to our business. In 1977 we gegan distributing paper products to eighty-two
McDonald's Restaurants in the State of Wisconsin.
The Perseco Company began operations in 1976. Perseco purchases all
of the paper products nationwide for McDonald's, then selling the paper
products to various McDonald's distributors, including The Perlman-Rocque
Company and The Perlman-Rocque Company {North).
The Perlman-Rocque Company (REDI) began operations in 1977, handling
refrigerated items, such as milk, shake mix and sundae mix on multi-
deliveries per week basis• to insure McDonald's high quality standards.
Mr. Perlman and Mr. Rocque have between them over thirty years of
experience in the distribution business. Mr. Perlman was formerly General
Manager of Martin Bower, a subsidiary of Clorax who is a distributor
in the fast food industry. Mr. Rocque was President of Food Marketers,
a division of Beatrice Foods, also a distributor in the fast food indus-
try. Currently, our business covers the following area:
3u
The Perlman-Rocque Company services four hundred fifty McDonald
Restaurants with approximately two hundred thirty items in the States
of Illinois, Indiana, Wisconsin, Iowa and Michigan.
The Perlman-Rocque Company (North) services one hundred forty
McDonald's Restaurants with two hundred thirty items in the States of
Minnesota, Wisconsin, Iowa, North Dakota, South Dakota and Michigan.
The Perlman-ROCque Comapny (REDI) services three hundred forty-
five McDonald Restaurants with twenty one items in the States of
Illinois, Indiana, Wisconsin, Iowa and Michigan.
We currently employ one hundred fifty-seven people in Lemont,
Illinois, thirty-three people in St. Paul, Minnesota, twenty-six
people at Perlman-Rocque (REDI), and eighteen people at The Perseco
Company.
If you need any additional information please contact Douglas C. Polacek,
Director of Finance for The Perlman-Rocque Company at 312-739-4500.
/ ��
�� ' I i
Manager, Administrative Services
THE FIRST NATIONAL BANK OF SAINT PAUL
ST. PAUL, MINNESOTA 55101
December 18, 1978
The Perlman Rocque Company (North)
711 Vandalia Street
St. Pavl, Minnesota 55114
Re: The Perlman Rocque Company (Northj Distribution Center
Gentlemen:
You have asked whether or not The First National Bank of Saint
Paul (The Bank} believes that the proposed distribution center (Project)
is feasible and ��hether or not the Bank is interested in purchasing tax exempt
notes secured by a mortgage on the Project if, as an� when, issued by
the City of Fridley or one of its agencies for the purpose of financing said
Project.
Please be advised that we have reviewed the proposed Project and
the tax exempt method of financing. We believe that the Project
is financially feasible, and subject to the ultimate terms of the
financing being satisfactory to The Bank, The Bank is interested
in issuing its commitment to purchase such tax exempt notes. You
are further advised that we are interested in both the construction
financing and permanent financing and in purchasing tax exempt notes
for both phases.
Very truly yours,
�
ichard L. Shepley
Vice President
291-5522
RLS:me
�i�
5'rEk
// /
3I
4
MEMO T0: Nasim M. Qureshi, City Manager
�
MEMO FROM: Richard N. Sobiech, Public Works Director
DATE: December 13, 1978
SUBJECT: Recommendation of Consultant for Genter City Project
Maintaining and improving the vitality of the commercial/retail area in the
vicinity of University Avenue and Mississippi Street is of importance
to the City of Fridtey. Before taking actions to influence this
area, however, it is necessary to know what alternatives, if any, are
financially feasible to implement. Also, it is necessary to know
what alternatives the businesses and residents in the area would
find desirable.
Direction was given by the City Council to select a consultant to
provide technical assistance in exploring realistic and objective
alternatives for the commercial/retail area. A selection group was
formed, with appropriate input from the City Manager's office, to
select a consultant. The selection group consisted of Jerry Boardman,
(City Planner), Bruce Goodman (Management Analyst) and myseif.
Seven invitations for bids were mailed to consultants, and four bid
proposals were returned, which included a bid proposal by a current
City employee. Based on discussions, during public presentations of
the consultant's proposals, it was decided to limit an award to a
private consultant. Fran the proposals submitted, it was felt that
the City staff would provide substantial input into the process, while
maintaining credibility with the general public.
The recommendation of a consultant by our selection group has been
based on the consultant's bid proposals, the pubiic presentations by
the consultants, input from City Council and public at the presenta-
tions, reference calls to cities and firms familiar with the work of
the consuitants, and a review of reports previously completed by the
consultants.
Besides using the general criteria listed above to select a consultant,
it was our opinion that there were also other more specific qualifi-
cations and abilities that should be used in selecting a consultant.
These other qualifications and abilities included: good communications
with the City Council, business community, general public and the City
staff; a working knowledge of financial analyses and strateg'ies; a
working knowledge of different types of grants that are available and
the grants process; the ability to conduct field research; the ability
to explain the potential of a project to developers; and the type of
services provided in relation to the cost of the proposal.
In general, ail the consultants appeared to be able to perform the
work outlined in the City's,project proposal. Specifically, all the
Memo to N. Qureshi -2- 12/13/7$ 4 A
Center City Project
consultants have capable staff who could provide financial analyses and
strategies, perform field research, develop land use proposals, and
prepare reports which would interest developers in our Center City
Project. However, other items of special importance listed below,
together with comments on how the selection committee views the con-
sultants in relation to the item are to be considered:
Communications: The approach of Professional Planning and
Development Concept was rated ahead of Mido-�est Planning and Research.
Midwest Planning and Research seemed to take a more mechanical
approach to obtaining input from the community through sample
interviews with businesses and through presentations at public
meetings. Development Concept decided to utilize a more in-depth
attitudinal survey to obtain input from the businesses, as well as
conduct general working sessions with the Council and public.
Professional Planning and Development decided to utilize an on-going
business task force, which in our opin;on, seemed to ensure the most
involvement and commitment from the 6usiness community. Professional
Planning and Development also emphasized they would be willing to
conduct 9eneral working sessions more often than the other two con-
sultants.
Implementation: Analyzing the recent projects of the consultants
tisted in their proposals, Development Concept and Professional
Planning and Development appear to have more experience than M.idwest
Planning and Research in working with projects which were implemented
by developers. The emphasis of Midwest Planning and Research appears
to be preparing comprehensive plans and land use studies, which
were not tied directly to implementation efforts. Professional
Planning and Development has conducted studies and procured grants
for housing developments and rehabilitation efforts which were
implemented in cities such as Mankato, St. Peter, and Fairmont.
Development Concept has conducted studies for projects implemented
by developers, such as the current Minneapolis Riverfront project
being implemented by Boisclair Development, the Lake Point project
in Minneapolis, and a commercial park developed in Sioux Falis.
Grants and Fundi�g Alternatives: From the proposal submitted and
through verification by references called, Professional Planning and
Development was far stronger than the other two consultants in this
category in terms of working knowledge and experience. They have
procured grants and identified financial funding alternatives in cities
such as St. Peter, Mankato, New Prague, and Fairmont.
Cost: It is obvious from the consultants' proposals that
Professional Planning and Development is substantially lower in
PUBLIC WORKS DEPARTMENT
Engineering Division
City of Fridley
Fridley, Minnesota
December il, 197$
N.D.H. Incorporated
700 Industry Avenue NW
Anoka, MN 553�3
Re: Change Order N5> Street Improvement Project St. 797$'1
Gentlemen:
�
You are hereby ordered, authorized and instructed to modify your contract for
Street Improvement Project St. 797$'� by deducting the following estimated
quantities for the total price deduction of Seventeen Thousand Nine Hundred
Ninety Six Dollars and 22/00 $17,996•22
63rd Avenue
7th Street
5th Street
ITEM
DEDUCTIONS
Includes the Following Locations and Items
5th Street to 7th Street
63rd Avenue to Mississippi Street
63rd Avenue to 130' North
APPROXIMATE QUANTITIES UNIT PRICE
Corimon Excavation
Topsoil Borrow
Sod
Remove Loncrete C&G
Concrete Curb � Gutter
4" Concrete Walk
Water
Aggregate Base
Bituminous Mat for Tack
Wearing Course
Binder Course
Bituminous Mat for Mixture
522
170
1,940
20
653
9,475
30
80
30
59
59
6.20
$ 2.24
4.00
0.84
1.50
3•3$
1.10
6.50
3•50
0.40
7•25
7.05
85.00
AMOUNT
$ t,t69.28
680.00
1,629.60
30.00
2,207.14
10,422.50
195•00
280.00
12.00
427.75
415•95
527.00
$17�996.22
0
C.O. �5
st. 1978-t
Original Contract Price
Change Order i{i (197$-1)
Change Order N1 (1978-2)
Change Order i/2 (197$-1)
Change Order #3 �197$'1)
Change Order i{4 (197$-7)
Ghange Order il5 (1978'1)
-2-
$47�+,480.92
+ 25.234.70
+ 10,863.00
+ 2,576.40
+ 74,447.00
+ 2,873.50
- 17>996.22
, �
i2/11/78
Revised Contract Price . . . . . . . . . . $562,479•30
Submitted and approved by Richard N. Sobiech, Public Works Director on the
11th day of ecember, 8.
Prepared v �
Checked by ='%�'/�� � � .��� (�-'
ichard N. Sobiech, P.E.
Public Works Director
i�
Approved and accepted this 1 3 day of �i ¢ C, , 1978 by N.D.H. Incorporated.
. %,r��,�. a. o�� U• i
William B. Miller, Vice President
NDH incorporated
Approved and accepted this day of , 197$ by the City Council of
the City of Fridley, Minnesota.
William J. Nee, Mayor
Nasim M. Qureshi, City Manager
s
RESOLUTION N0.
A RESOLUTION TO ADVERTISE FOR BIDS FOR MISCELLANEOUS
CONCRETE CURB AND GUTTER AND DRIVEWAY APPROACH RE-
CONSTRUCTION CONTRACT
WHEREAS, the City of Fridley has determined there is a need
for uniform driveway approach and concrete curb and gutter con-
struction; and
WHEREAS, a set of standard plans and specifications have been
prepared by the City Engineer; and
WHEREAS, the proposed standard contract is anticipated to
reduce maintenance problems for the City and provide an economic
savings to new and existing Fridley residents.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the `
City of Fridley, Anoka County, Minnesota, as follows:
7. That it is in the interest of the City to award bid con-
tracts for the following service and materials:
MISCELLANEOUS CONCRETE CURB AND GUTTER AND DRIUEWAY APPROACH
RECONSTRUCTION
2. That the plans and specifications prepared by the City Engineer
for such improvement, pursuant to the Council action hereto-
fore, a copy of which plans and specification are hereto
attached and made a part hereof, are hereby approved and shall
be filed with the Purchasing Agent.
The City Engineer shall accordingly prepare and cause to be
inserted in the official newspaper advertisements for bids upon the
making of such improvements under such approved plans and specifica-
tions. The advertisement shall be published for two (2) weeks (at
least 70 days), and shall specify the work to be done and will state
that bids will be opened at 11:00 a.m. on Monday, the 15th day of
January, 1979, in the Council Chambers of the Civic Center, and that
no bids will be considered unless sealed and filed with the City
Engineer and accompanied by a cash deposit, bid bond, certified
check or cashier's check payable to the City of Fridley for five per-
cent (5%) of the amount of such bid.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 19 .
L���
MARVIN C. BRUNSELL - City Clerk
WILLIAM J. NEE - Mayor
7
CITY OF FRIDLEY
BID NOTICE
for
MISCELLANEOUS CONCRETE CURB AND GUTTER AND DRIVEWAY
APPROACH RECONSTRUCTION
EXHIBIT "A"
The City Council of the City of Fridley, Minnesota will accept sealed
bids on Miscellaneous Concrete Curb and Gutter and Driveway Approach
Reconstruction on the 15th day of January, 1979, until 11:00 a.m. on
said date at the Fridley City Hall, 6431 University Avenue N.E.,
Fridley, Minnesota 55432 (telephone 571-3450). All bids must meet
the minimum requirements of the specifications. Failure to comply
with this section can result in disqualification of the bid.
Bid shall be accompanied by a Certified Check, Cashier's Check, Cash,
or Bid Bond and made payable without conditions to the City of Fridley,
Minnesota, in an amount of not less than five percent (5%) of the bid,
which check, cash or bond shall be forfeited if bidder neglects or
refuses to enter into contract, after his bid has been accepted.
A performance bond will be required after the bid has been awarded
to the contractor.
The City reserves the right to accept the bid which is determined to
be in the best interests of the City. The City reserves the right to
reject any and all bids and waive any informalities or technicalities
on any bid received without explanation.
The City Council also reserves the right to consider such factors as
time of delivery or performance, experience, responsibility of the
bidder, past performance of similar types of items or materials,
availability of products and other similar factors that it may determine
to be in the best interest of the City.
Copies of the specifications and general conditions may be examined in
the office of the Purchasing Agent, or copies may be obtained from his
office.
All bids must be submitted in
the outside with MISCELLANEOUS
APPROACH RECONSTRUCTION.
Publish: December 27, 1978
January 3, 1979
sealed envelopes and plainly marked on
CONCRETE CURB AND GUTTER AND DRIVEWAY
Nasim M. Qureshi
City Manager
7A
RESDLUTION N0.
A RESOLUTION REQUESTING ANOKA COUNTY COMMISSIONERS TO APPROVE
SAFETY IMPRDVEMENT PROJECTS FOR EAST RIVER ROAD AT 79TH WAY
NORTHEAST IN THE CITY OF FRIDLEY
WHEREAS, East River Road at 79th Way NE within the City of
Fridley is a hazardous roadway affecting the heaith, safety and
welfare of Fridley residents; and
WHEREAS, East River Road is designated County State Aid
Highway No, 1 and is under the jurisdiction of Anoka County; and
WHEREAS, it would be in the best interests of the City of
Fridley and Anoka County to provide safety improvements on East
River Road at 79th Way NE.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Fridley requests that the Anoka County Commissioners
approve a safety improvement project on East River Road at 79th
Way Northeast, consisting of signalization, medians, channelization,
striping, signing and other items to eliminate the safety hazards
of the area.
BE IT FURTHER RESOLVED, that the City of Fridley intends to
cooperate in preparation of plans and participate in its share of
the costs of the safety improvement project.
ADOPTED BY THE CITY COUNCIL aF THE CITY OF fRIDLEY THIS
DAY OF ' , 1978.
William J. Nee, Mayor
ATTEST:
Marvin C, Brunsell, City Clerk
:
0
RESOLU'PION N0.
RGSOI.UTION ORDL•RING Ih1PROVC;PIGN'I' AND PINAL PLANS AND SPECIFI-
CATIONS AND ESTIDIATLS OF COS'CS TIILRGOP: STREET IMPROVEMENT
PROJECT ST. i979-1, ST. i979-Z (MSAS) At�D ST. 1g79-4 (CSAH)
H7iEREAS, Resolution No. �Zp-197$ adopted on tlie ZOthday of Nov., 197$
by the City Council, set the datc for hearing on the proposed improvements,
as specifically noted in the Notice of Hearing attached hereto for reference
as Exhibit "A", and
WHEREAS, ail of the property owners whose property is liable to be assessed
with the making of these improvements (as noted in said Notice) were given ten
(10) days noYice by mail and published noticc of the Council Hearing through
two (2) weekly puUlications of the required notice, and the hearing was held
and the property oivners heard thereon at the hearing as noted in tlie said notice.
NOW, TF3�REFORE, BE IT RESOLVED, by the Council of the City of Fridley,
Anoka Cowrty, Alinnesota as follows:
1. That the following improvements proposed by Council Resolution No.84-197$ �
119'197$ are hereby ordered to be effected and completed as soon
as reasonably possible,to wit:
Street improvements, including grading, stabilized base, hot-mix
bituminous mat, concrete curb and gutter, sidewalks, storm sewer
systen, i•+ater and sanitary sewer services and other facilities
iocated as folio�vs:
ST. 1979-t
70th Way East River Road to Hickory Drive
Locke Lake Road East River Road to Hickory Street
Hickory Street Locke Lake Road to 69th Way
63� Way East River Road East to Ashton Avenue
63rd lJay East River Road East to Ashton Avenue
61� Way East River Road East to Ashton Avenue
Ashton Avenue 64th Way to blst Way
ST. 1979-2 (MSAS)
61st Way East River Road East to AshYOn Avenue
61st Avenue 4th Street to 7th Street
Main SYreet Osborne Road to 77th Avenue
Si. 1979-4 (CSAH�
East River Road Charles STrcet to 64ch Way (Sidewalk not to be
included in improvement)
��
Res. No. -2�
Ord. Improvement; St. 7979-1-2-4
2. That work to be performed under this project may be performed under
one or more contracts as �ay be deemed advisable upon receipt of bids.
3, That the Public iYorks Director, Ricltard N. Sobiech is hereby
designated as the Engineer £or this improvement. He shall
prepare final plans and specifications for the �aking of such
improvement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TIIIS DAY OF ,
t978.
/
MAYOR - �VILLIAPA J. NEE
ATTEST:
CITY CLERK - MARVIN C. BRUNSELL
F�
RGSOLU'I'IUN NU.
RIiSOLUTI0I3 OI2UlIRING 1M1'ROVI.'.A1C:N'I' AWD P11:AL N1�ANS A�U SPGCIFI-
CA'1'IONS A�D l5'1'IAfA'I'f:S 01� GUS1'S 'flll:IttiOG: WATER AND SEWER IMPROVEMENT
PRQJECT N126
IV[IERGAS, Resolution ��o. ��$-7978 adoptcd on the ZOth aaY of Nov., 197$
by the City Council, set the date for hearin� on the Proposed improvements,
as specifically noted in thc Notice of liearing attached ]iereto for reference
as ExhiUit "A", and
IVIiGRGAS, all of thc property oti.ncrs k�hose property is liaUle to be assessed
wi.th the making of these improvements (as noted in said notice} were gi_ven ten
(10) days notice by mail and publishecl notice of the Council Hearing through
two (2) weekly publications of tl�e required notice, and the heari.ng was held
and the yroperty oxners heard tliereon at tlie ]iearing as noted in the said notice.
N014, THEREPORE, L�E IT RBSOLVtiD, by the Council of the City of Fridley,
Anoka County, D7innesota as follo�es:
1. That the follom�ing i.r�provements proposed by Council Resolution No.
���_79�$ are hereby ordered to be effected and completed as soon
as reasonably possible,to wit:
/
Watermains, sanitary sewer laterals with service connections and
appurtenances located as follows:
61st Way: East River Road to Ashton Avenue
2, That work to be performed under this project may be performed under
one or more contracts as may be deemed advisable upon receipt of bids.
3. That the PuUlic 11�orks Director, Richard N. Sobiech is hereby
designated as the Engineer for this improvemcnt. He shall
prepare final plans and specifications for the making of such
imyrovenent.
ADOPTED I3Y THG C1TY COUNCIL OF TIiE CITY OF FRIDLEY TIiIS DAY OF ,
1978.
MAYOR - l9ILLIMi J. NGti
ATTCST:
CITY CLIiRIi - D1.1RL'1N C. lil.l!NSIiLL
11
MEMO T0: Nasim M. Qureshi, City Manager
MEMO FROM: Richard N. Sobiech, Public Works Director�
M
DATE: December 13. 1978
SUBJECT: Municipal State Aid System Five Year Construction Program
Attached please find a Technical Memorandum from the Office of State
Aid regarding adoption of a five year construction program for the City
Municipal State Aid program.
The proposed construction program gives an indication of the City's
use of its annual MSAS construction allocation. Though Fridley has had
a continuous construction program utilizing its state aid allocation,
there are apparently cities who do not utilize their funds resulting in
a large unexpended construction balance.
The five year construction pro9ram proposed for the City of Fridley is a
continuation of our existing street improvement and surface treatment
programs. Discussions with representatives of MSA office indicate that
they understand that actual construction that takes place in a given
year is subject to change. Also, actual improvement projects are
subject to procedures required by other applicable state statutes.
It is requested that the City Council consider the approval of the pro-
posed MSAS five year�improvement program at the regular meeting of
December 18, 1978.
RNS/jm
Attach: 2
. •
TECHNICAL SUPPORT SERVICES DNISION
TECHNICAL i1EMf7HANDUM N0. 78 - 47 - SA - 11
June 30, 1978
TO s Municipal Engineers Distribution J
FROM . Gordon M. Fay
Director, Office of State Aid
SUBSECT: Implementation of a 5-year constxuction program to encourage a
reduction in the unencumbered construction fund balance.
The Municipal Screening Coimnittee at its June 1-2� 1978� meeting passed a resolu-
tion which states:
That by January 1, 1979' each minicipality shall submft a 5 year •
construction program which has been approved by their citq council.
This progzam shall include sufficient psojects to utilize all existing
and anticipated funds and shall be updated periodically (not to ex-
ceed 3 years). Should a program not be submitted 'nq January 1, 1979�
twice the citqts unencumbered construction fund balance shali be
deducted from its needs prior to the 1980 apportion�nt, and if necess-
sary, increase to 3 times the amount prior to the 1981 allotment and
to 4�5�6, etc. G:imes the aurount until such time as a program is sub-
mitted or the needs are reduced to zero.
In 1983, each city will be reviewed to determine the progress of
their five year program, Failure to implement the proposed pro-
grarcy or other acceptable projecLS would impose the sa:ne adjust�nts
as for failure to submit a 5-year program.
To further encourage the use of these funds, those cities which
have not used municipal State Aid funds for a constr�ction project
in the 5 years prior to January 1, 1978, would have the preceding
foruula concerning Ymplementation applied beginning prior to the
1480 apportionment.
To comp2y with this directive each city is requested to su bmit a council approved
ftemized 5 year program of proposed constructian by prioritq showing the termini�
length, estimated cost and type of anticipated projects; along with a map indica-
ting the locations of each project.
11 A
This submittal m�st be returned to the District State-Aid Engineer by Januarq 1, 1979s
but an earlier return would be helpful to resolve questions which may occur. The
reporting will be reviewed at the district and by our office, with any unusual
conditions being refened back to the Screening Co�nittee at the spring meeting for
their decision.
FIVE YEAR MUNICIPAL STATE AID CONSTRULTION PROGRAM
AS DIRECTED BY TECHNICAL MEMORANDUM N0. 78-47-SA-11
FROM STATE AID OFFICE OF THE MINNESOTA DEPARTMENT
OF TRANSPORTATION
Street
7979 ��n St. (Osborne Rd. to 77thW.)
61st Way (4th St. to 7th St.)
61st Way (ERR to Ashton Ave.)
1979 TOTAL
MSAS
No.
334
302
302
1980 79th Way (ERR Intersection) 309
79th Ave. (RR Prop. to TH 47) 3�9
Matterhorn Dr. (Gardena Av.to S.) 373
1980 TOTAL
1981 73rd Ave. (400' W.of Commerce 308
Ln. to TH 47)
73rd Ave. (TH 47 to TH 65) 307
73rd Ave. (TH 65 to Central)
1987 TDTAL
Length Construction Items
.12 mi. Concrete C&G s Overlay
.19 mi. Concrete C�G b Overlay
.07 mi. Grading, Base,Bit.Mat �
Conc. C&G s Signal
.38 mi.
.25 mi. Signal b Channelization
.46 mi. Overlay
.26 mi. Overlay
.97 mi.
.19 mi.
-94 mi.
307 .24 mi.
1.37 mi.
Overlay � Conc. CbG
One Side �nly
Overlay & Conc. CbG
One Side Only
Concrete C�G
1982 �Hillwind Dr. (Lynde Dr. to
Matterhorn Dr.) 338 .67 mi. Conc. C6G & Overlay
83rd Ave. (Main St. to TH 47) 310 .23 mi. Overlay
Main St. {77th Av. to 83rd Av.) 334 .75 mi. Overlay
1982 TOTAL
1.59 mi.
1983 �'Cheri Ln. (TH 65 to Fillmore) 337 1•30 mi. Conc. C&G b Overlay
Fillmore St. (Cheri Ln. to Skywood
Lane)
Skywood Ln. (Filtmore to
Matterhorn Drive)
i983 TOTAL
FIVE YEAR TOTAL
*To be Designated MSA Route in 1979
1.30 mi.
$.61 mi.
1T C
Estimated
Cost
$30,589.00
36>394.00
73,913.00
$1 o+T$, 9�.00
105>000.00
23,700.00
14,936.00
143,636.00
37>433•00
74,303.00
17>961.00
129>697.00
85,076.00
1o,t64.00
41,339.0a
136>579.00
180,528.00
i8o,528.00
$731,336.00
G°
� F.OR CONCURRENCE SY THE CITY COUNCIL ' zrcerrsEs
December 18, 1978
GAS SERVICES APPROVED BY
Palen/Kimball Company
2505�University Avenue WILLIAM SANDIN
St Paul MN 55114 By: G. Richard Palen F1b4• H�J• I�P•
.� GENERAL CONTRACTOR - ��
Cook Bros. Construction
429 Line Avenue Idorth DARREL CLARK
Elk River, MN 55330 By: Pillip A. Cook Ca�m. Dev, Adm.
Scott Construction CArp.
7415 Wayzata Boulevard, Suite 100 � , - DARREL CLARK
Minneapolis, MN 55426 By: Roy E. Benson Com. Dev. Adm.
HEATING
Preferred Sheet Metal
90 West Woodlynn Avenue
St. Paul, MN 55117
0
By: John P. McGrath
WILLIAM SANDIN
Plbg, Htg. Insp.
13 A
9
F.OR CONCi7RRENCE BY THE CITY COUNCIL
December 18, 1978
Smith, Juster, Feikema, Malmon
& Haskvitz
Suite 1250
Builders Exchange Suiiding
Minneapolis, MN 53402
For lega7 service rendered as Prosecutor during
November, 7978 .
4Jeaver, Talle & Herrick
316 East Main Street
Anoka, MN 553D3
For lega7 service rendered as City Attorney during
November, 7978
�
n
- ESTIMATES
NDH Asphalt, Inc.
700 Industry Avenue N.W.
Anoka, MN 553D3
FINAL Estimate �`4 - Street Improvement Pro,ject St. 1978-1
FINAL Estimate �4 - Street Improvement Project St. 1978-2
FINAL Estimate #4 - Street Imorovement Project St. 1Q78-4
$ 2,080.00
�
$ 1,76fi.80
4 37,fi�7.23
4 7,817.27
A 7 , 351. 3(l
l�
STATEMENT
SMlTH,JUSTER,FEIKEMA,MALMON & HASKVIT2
ATTORNEVS AT lAW
1250 BUILDERS EXGHANGE BLDG.
MINNEAPOLIS, N�INNESOTA 554D2
3341481
SUBURBAN OFFICE
FRIDLEY
�City of Fridley �
6431 University Avenue N. E.
Fridley, Minnesota 55432
Attention: Mr. Nasim Qureshi,
L City Manager J
CUN OLEA56 \TYRM TMIf �ORTION WITM YOYP �I�YMBXT
DNTE � � � � BALFlNCE
FORWARDEDFROM LASTSTATEMENT
12-07-78 For legal services rendered as Prosecutor for
the City of Fridley during November, 1978.
Representation of City of Fridley in 73 contested
jury cases, 19 contested court cases and 192
. criminal arraignments. (33 hours).
Process and investigation of complaints including
citizen inquiries and preparation of 80 formal
criminal complaints. (13Z hours).
Police liability class. (3 hours).
Total Time - (49z hours).
November, 1978 Retainer - $1,300.00 $1,300.00
Time in excess of 30 hours
{19� hours). 780.00 $2,080.00
SMITH� JUSTER, FEIKEMA, MALMON & HASKVITZ
•TTOPM6V1 l�r LI�W
�
14 A
■
LAW OFFICES
WEAVER. TALLE & HERRICK
CNAPLE9 R. WEAVER
MERMI.N L.TALLE
VIRGIL C. HERRICF
fiOBERT MUNN9
WILLIRM M1. GOOORICN
D011GLP.5 E. KLiNT
TIMOTHY E.GPSNIN
VCH
City of Fridley
November Retainer
December 5, 1978
Council Meetings i
Staff Meetings
Conference with Staff
Police training sessions
November 15 & 16, 1978 and
preparation therefore
Memos and Legal Research
Memo re: Additional Hearings re
East River Road Improvements
MEmo re: Access to public roads
Memo re: CATV
Memo re: 40 ft. lot at 4526
' Second St. N.E.
Research and memo re election canvass
and recount
Citizen's Inuqiries
Aours in excess of 30 @$40.00
8'� hours
2 hours
10 hours
1 hour
1 hour
2 hours
1'-g hours
8 hours
2 hours
36 hours
CODRT MATTERS:
District Court
Hedlund vs. Fridley
preparation of respondent's statement
Hamernik vs. Brunsell
initial appearance
EXPENSE ADVANCED:
12 photocopies @ $.15 per copy
BALANCE DUE:
14 B
316 EAST MAIN 9TFEET
ANOKA.MINNESOTA 55303 �
421-5<13
62>9 UNIVERSITY qVfNUE N.E.
FRIDLEY�MINNESOTA 55432
5>I-3B50
Invoice No. 6634
$1,300.00
240.00
75.00
150.00
$1,765.OJ
1.80
$1,766.80
14 C
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
ENGINEERING UIVISION
6431 UNIVERSITY AVENUE NE
FRIDLEY, MINNESOTA 55432
Honorable Mayor and City Councit
City of fridley
c/o Nasim M. Qureshi, City hlanager
6431 University Avenue NE
Fridley, Minnesota 5543z
Gentlemen:
CERTIFICATE Of THE ENGINEER
December lt, 1978
We hereby submit the Final Estimate No. 4 for N.D.H. Asphalt Company,
inc., 700 lndustry Avenue NW, Anoka, Miwnesota 55303 for Street
Improvement Project St. 797$-1, St. 197$-Z (MSAS) and St. 197$-4
(CSAH).
Original Contract
Change Order �l (St. 1978-1)
Change Order #2 (St. 197$-1)
Change Order #3 �St. 1978-1)
Change Order #4 (St. 197$-1)
Change Order #1 (St. 1978'2)
Change Order #5 (St. 1978-1)
final Coristruction Cost St. 1978-1
Final Gonstruction Cost St. 197&-Z
Final Construction Cost St. 1978-4
Less Estimate #1 $208,896•17
Less Change Order #1 29,044.53
Less Estimate �2 143,350.79
Less Estimate #3 97.288•77
$464,480.92
+25,234.70
+ 2,576.40
+74,447.00
+ 2,873•50
+to,863•00
$560,475•52
-77.996.22
$562,479•3�
$392,192.61
106,137.61
27,025.94
5525>356.16
$478,580.36
AMOUNT DUE FINAL ESTIMATE N4 $�6,775•8�
st. i978-i-2-4 -2- 12/11/78
Certificate of the Engineer
We have viewed the work under contract for the construction of Street
Improvement Projects St. 197$'1, St. 1978-2 and St. 1978-4 and find
that the same is substantially complete in accordance with the contract
documents. I recommend that final payment be made upon acceptance of
the work by your Honorable Body, and that the one year eontractual
maintenance bond commence on the date listed.
Respectful��itted,
i��'/ �z.� _ /
Richard N. Sobiech, P.E.
Public Works Director
Prepared b CL -.� v-.
Checked by � � ��
14 D
'
1�; E I
CITY OF FRSDLEY
Enoineering Departnent
6432 University Avenue
Fridley, Minneso[a 55432 ,
Date '
T0: Honorable Mayor and City Council RE: Est. 270. k (Final)
City of Fridley Per. Ending December 11. 1978
6431 University Avenue N.E. For N.D.H. Asphalt, Inc.
Minneapolis, Minnesota 55432 700 Industry Avenue NW
.— Anoka, hW 55303
Contract Item
Borrow
Conc. Curb Fr Gutter
rb 8 Gutter Des. B-
. Driveway Pavement
rete {Yalk
Rock for Drive
te Base Class V
.,,��
TOT/tI.
289
17
.,,.,��
20
3,116
27,097
440
20,235
239
275.00
$10.00
$�O.b�
13.00
�13.00
zso.00
$62.00
��
�
�
�
11
�
.1
�
7.05
5.00
ant
PROGRESS
antity
Date
2
.20 4,
.9D i,
.SD l.
f l.-.. . �-/ 1 '- / f
4
1C I
10E I
'.75.00 1
20.00 �
�: ��
� �
�� ��
::: ��
��
l7�1A�U
5363.147.9�
1
suru�aaY:
Original Contract Amount
Contract Additions - Change Order Nos.
� i�l for St.1978-2
Contract Deductions - Change Order \os
Revised Contract Amount
Value Completed To Date
SIiB TOTAL
Amount Retained (10%)
Less Amount Paid Previously
AMOUNT DUE THIS ESTI61ATE
CERTIFICATE OF THE CONTRACTOR
1,z,3�4
�
g 464,480.92
$ 175,994.60
$ 17.996.22 _
� �� 4]q_�0
$ 363.747.98
� i63 �4�_q8
$ 325 540.75
� 37.607.23
I hereby certify that the work performed and the materials supplied to date,
under terms of the contract for reference project, and all authorized clianges
thereto, have an actual value under the contract of the amounts shown on this
estimate (and the final quantities of the final estimate are correct), and
that this estimate is just and correct and no part of the "Amount Due This
Estimate' as been received.
BY �j1 �Y1G� f"j. `��_ Date f Z-/3 - 7� .
Contractor's Authorized Representa-
tive Title
CERTIFICATE OF THE ENGINEER
I herehy certify that I have prepared or examined this estimate, and that the
contractor is entitled to payment of this estimate under the contract for
reference project.
CITY OF FRID INSPECTOR
<�;y� � Date /Z—/3—%�
_, ; /
. /_/.�'i�
Respectfully submitted,
CITY OF FRIDI.EY
ay // - I/ ,
RICIIARU . SOlIIIiCII, P.E.
Public Works Uirector
%
1978-2 I
1_4 G
CITY 0� FRIDLEY
Engineering Departaent
6431 University Avenue
Fridley, Minnesota 55432
Date
T0: Honorable Mayor and City Council RE: Est. iio. � (Final)
City of Fridley Per. Ending December 11. 1978,
6431 University Avenue N.E. .For N.D.H.. Asphalt, Inc.
tiinneapolis, Minnesota 55432 700 Industry Avenue NW
Anoka, A1N 55303
. /
Contract Item
Excavation
Des. B-618
For Tack
uminous Overl
�
11
�
i '.��
�as
i,��o
OF WORK
62.00
$2.24
2.00
2.00
$4.00
$0.84
1.50
$3.38
ll.00
Sl.io
s.6o
6.50
$3.50
PP.OGR.SS
ity .�uan[ity
Est. To Date
4
73
5�
27
b8�
Da
17,957-94
5
7,729.70
�__
. , -- i �----r—r-- � ` I
�
$106,137.61
SUMMARY:
Original Contract Amount
Contract Additions - Change Order �os. �, Z, 3 E 4
s st. i978-2, C.O. N1
Contract Deductions - Change Order Nos. 5
Revised Contract Amount
Value Completed To Date
SUB TOTAL
Amount Retained (10%)
Less Amount Paid Previously
AMOUNT DUE TNIS ESTIh1ATE
CERTIFICATE OF THE CONTRACTOR
464,480.92
$ 115,994.60
$ 17,996.22
$ 562,479.30
S �o6,t37.bi
$ 1o6,i37•61
$ 98,320.34
$ 7,817.27
I hereby certify that the work performed and the materials supplied to date,
under terms of the contract for reference project, and all authorized changes
thereto, have an actual value under the contract of the amounts shoti.-n on this
estimate (and the final quantities of the final estimate are correct), and
that thi stimate is just and correct and no part of the "Amount Due This
Est' at " has been received.
By � Q ` oate / Z— J 3- 7� '
Contractor's Authorized Representa-
tive Title
CERTIFICATE OF THE ENGINGER
I hereby certify that I have prepared or examined this estimate, and that the
contractor is entitled to payment of this estimate under the contract for
reference project.
C TY OF FRID^LEY, INSPECTO
LF /' � Date /�'/.3- �% O .
Checked By
���� ,1'LC�'�
Respectfully submitted,
CI7'Y OP FRIDI.EY
/ �
Br ' �lf�
RI IiARD N. SOBII:CH, P.L=.
Public IVorks Dircctor
�
14 �
�
I.<< I
CITY OF FRIDLEY
Engineering Departnent
6431 liniversity Avenue
Fridley, Minnesota 55432
Date �
T0; Honorable Mayor and City Council RE; Est. i7o. 4 (Final)
City of Fridley Per. Ending December 11, 1978
6431 University Avenue N.E. .For N.D.ti. Asphalt, Inc.
Minneapolis, Minnesota 55432 ' 700 Industry Avenue N{4
Anoka, NIN 55303
Contract Ztem
■���
PP,OGRESS
Price IThis Est. ITo Date !To Date
110 $1.5
3,593 53.3
93 � $7.25 � � 1
lOD
b9 R 255.30
� TOTAL . $ 27,025.94
a--- . . . .. . . . . . . . ...
SUI�i 1ARY :
Original Contract Amount
Contract Additions - Change Order Nos. 1, 2, 3 b 4
t St. 7978-2 C.O. �i
Contract Deductions - Change Order Nos. 5
Revised Contract Amount
Value Completed To Date
SUB TOTAL
Amount Retained (10%)
Less Amount Paid Previously
MiOUNT DUE THIS ESTIA'IATE
CERTIFICATE OF THE CONTRACTOR
$ 464 480.92
� 115,994.60
$ 17,996.22
$ 562,479.30
� 27,025.94
$ 27 025.94
$
$ 25,674.64
$ 1,351.30
I hereby certify that the work performed and the materials supplied to date,
under terms of the contract for reference project, and all authorized changes
thereto, have an actual value under the contract of the amounts shown on this
estimate (and the final quantities of the final estimate are correct), and
that this estimate is just and correct and no part of the "Amount Due This
Estimate' as been receive .
gY � %�' 6• Date /Z -l3- 78 �
Contractor's Authorized Representa-
tive Title
CERTIFICATE OF THE ENGINEER
I hereby certify that I have prepared or examined this estimate, and that the
contractor is entitled to payment of this estimate under the contract for
reference project.
OF FRIDLEY, ItdSPECTOR
� .
�,�, Date
Checked
,�[���[e��! 'CIT y
Respectfully submitted,
CITY OP fiRID1.BY ' �
By � �� ��%%
R1CI1:1RU �. SOtilLCll, P.L'.
Public 1Vorks Director
�� %� ,
y"
14 J
T0: Public Works Director
City of Fridley
14. K
December 11, 197�
FOR STREET IMPROVEMENT PROJ
We, the undersigned, have inspected the above mentioned projects and
find that the work required by the contract is substantially comp]ete
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 recommend to you that the City approve the attached
FINAL ESTIMATE for the contractor and the one year maintenance bond
start from the day of the final '+nspection, that bein9 November 1,
1978.
_ -�} S'�-
�nt9r��V V
Construction Inspector
� � v.p
Will�am Miller
Contractor Representative
}
14 L
December 11, 197$
St. 1y78-1, St. 7978-2 and St. 1978-4
CERTIFIGATE OF THE CONTRACTOR
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 mentioned projects in accordance with the plans and specifications
heretofore approved. The final contract cost is S525,356.16 and the
final payment of $46,775.80 for street improvement projects would
cover in full, the contractor's claims against the City for all labor,
materials, and other work done bythe contractor under this project.
I delcare under the penalties of perjury that this statement is just
and correct.
N.D.N. Asphalt Company, Inc.
�rii,�.t�.:.. a. �;� v. �
William Miller, Vice President
��