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10/21/1985 - 5188. t ��" . r � ,�� G�c / f= j s 1C �� fz �� ( �o � A ��o� b��.P/��-- '��l�-i2 v ��2 �� P -� � �t; ri- �� _ ,/C��'«�"� � �� v�L/� �J `/\ �^/�+�.X./� " � � [� Cr,_��N� I� � �= �Ei2 SD� «> � �-, ,.� , � ��.`/ �� C� ��r� �i�°,� ol'JZ�� . D/Gc..�� ' `�� C—S' �.�tw R��C� �- (, C-{ U �� (�,��lG� C: _ ��-�-�/'S��-�.� � f �v�c,. !�,!/c,, � � � ��-�1 ,i �I� �wul(�t � � �� L/ LL� �G�,'' / Po�, � � ��, �- �a�i c ` � EPT. �L7 L, l LE= �—._ +-�6 � ��t;��r.__. �� / �� Gl �� ' �f�' \t i .� � �I �� U�k�� R� � � �' (% /I ��6a � �� I� �l �� 0�� ,�/�� , /G�i� G'�� J�� s ��t � � � � �c Z S ��,�� L'G�-e �J.,� �s�� /��, � -�°-�� y �� , �. /33 - 7� '" wAY ` � 4�3�.�� o s-�s�� ui�j, X/� 1 �� %J� � I�c� ,� A � �� /� � �?� —� � ��, � �.� � �.c � „5�'33 �f}��, sr� �fz�ro�� ul� ,�t4�� '�� (� OCTOBER 21, 1985 - 7:30 P.M. Following are the "ACTIONS TAKEN" by the Administration for your inf ormation. ------------------------------------------------------------------ Councilman Schneider was absent from the meeting PROCL�MATION: NATIONAL BUSINESS WOMEN'S WEEK OCTOBER 21-25, 1985 APPROVAL OF MINUTES: Council Meeting, October 7, 1985 Minutes approved as presented C ITY MANAGER--A�TION TAKEN: Fi 1 ed f or f ut ur e ref er ence ADOPTION OF AGENDA: 6 Items added: (1) Agreement with Super America; (2) Set hearing f or Cable TV ownership changes; (3) Resolution re: opposing FCC Ruling; (4) Resolution for Preliminary Approval IRDB, Columbia Park Properties; (5) Resolution for Preliminary Approval IRDB, Osborne and University Avenue N.E. Project; (6) Investigate support of Fridley Historical Society OPEN FORUM, VISITORS: Roland Miles, representing Police Officers requested City implement pay provisions as soon as possible. POLIC� DEPT--ACTION TAREN: Report submitted 10-28-85 PUBLIC HEARINGS: Public Hearing on Final Plat, P.S. #85-04, Oak River Estates. The same being 7560 East River Road, by Doug Peterson . . . . . . . . . . . . . . . . . . . 1 - 1 H Hearing opened at 8:05 P.M. Closed at 8:38 P.M. PUBLIC WORRS--ACTION TAREN: Have placed f inal plat on next agenda for consideration of approval Council Meeting, -0ctober 21, 1985 PUBLIC HEARINGS (Continued): Public Hearing on Final Plat, P.S. #85-05, Midwest Addition, Generally Located Be- tw een Hickory Street and Main 5treet, North of 81st Avenue NE, by Leonard W. Vanasse . . . . . . . . . . Hearing opened at 8: 39 P. M. Closed at 8: 42 P. M. PUBLIC WORRS--ACTION TAREN: Have placed final plat on next agenda for consideration of approval Public Hearing on Proposed Change to the Fridley City Code by Amending Chapter 205 - Zoning . . . . . . . . . . . . . . . . . . . . . . . Hearing opened at 8:43 P.M. Closed at 8:43 P.M. PUBLIC WORRS--ACTION TAREN: Will review Item No. 6. adopted on first reading Public Hearing on Proposed Change to the Fridley City Code by Amending Chapter 6- Commi ssi ons . . . . . . . . . . . . . . . . . . . . . Heari ng opened at $: 44 P. M. Cl osed at 8: 45 P. M. �BLIC WORKS--ACTION TAICEN: Will review Item No. 7. adopted on first reading Pa ge 2 2 - 2 H . . . . 3 - 3 A Ordinance . . . . 4 Ordi nance Council Meeting, October 21, 1985 OLD BUSINESS: Pa ge 3 Consideration of Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Kent Roessler, ZOA #85-02) . . . . . . . . . . . . . . . . . 5 Ordinance No. 844 adopted CITY MANAGER--ACTION TAREN: Published ordinance in Fridley Focus PUBLIC WORRS--ACTION TAREN: Will complete rezoning process NEW BUSINESS• Consideration of First Reading of an Ordinance Recodifying the Fridley City Code by Amending Chapter 205 Entitled "Zoninq" Section 205.05 , . . . . . . . 6 Ordinance adopted on first reading PUBLIC WORRS--ACTION TAREN: Have placed ordinance on next aqenda for consideration of second reading Consideration of First Reading of an Ordinance Recodifying the Fridley City Code by Amendng Chapter 6 Entitled "Commissions" Section 6.67. . . . . . . . 7 Ordinance adopted on first reading PUBLIC WORRS--ACTION TAREN: Have placed ordinance on next agenda for consideration of second reading Council Meetinq, October 21, 1985 NEW BUSINESS (Continued) Receiving the Minutes of the Planning Commission Meeting of October 9 , 1985 . . . . . . . . . . . . . . . . . A. Consideration of Special Use Permit, SP#85-11 to Allow Construction of a Second Accessory Build- ing, 6425 Ashton Avenue NE, by Jerry Unglaub........ 8- 8A Plannina Commission Recommendation: Approval & 8F - 8H Council Action Needed: Consideration of Recommendation Special Use Permit approved PUBLIC WORRS--ACTION TAREN: Applicant Inf ormed of Council approval Page 4 8 - 8 H Added: Approval of Agreement with Super America for Proposed Service Station at 57th & University. ..... 8.1 Council approved agreement PUBLIC WORRS--ACTION TAREN: Have forwarded executed agreement to appropriate parties Consideration of a Resolution Ordering Preliminary Plans, Specif ications and Estimates of the Costs Thereof: Water and Sanitary Sewer Project �156. ...... 9 Resolution No. 84-1985 adopted � PUBLIC WORRS--ACTION TAREN: Proceeding with Pr el imi na ry Pl ans Consideration of a Resolution Receiving the Prelimi- nary Report and Petitions No. 19-1985 ,��i�d/,�x�X�� Requesting Improvements for 8 Lots of Oak River Estates Proposed Plat and for Proposed Service Station at 57th & University Avenue and to Waive a Public Hearing on the Matter of the Construction of Certain Improvements: Water and Sanitary Sewer Pr oj ect # 156 . . . . . . . . . . . . . . . . . . . . Resolution No. 85-1985 adopted. (Super America brought in agreement instead of petition) PUBLIC WORRS--ACTION T1�REN: Proceeding with requested improvements. . . . . 10 - 10 D Council Meeting, October 21, 1985 NEW BUSINE5S (Continued) Pa ge 5 Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Water & Sanitary Sewer Project #156 . . . . . . . . 11 Resolution No. 86-1985 adopted PUBLIC WORKS--ACTION TAREN: Proceeding with final pl ans Consideration of a Resolution Ordering Improvement, Approval of Pl.ans and Ordering Advertisement for Bids: Water & Sanitary Sewer Proj ect #156 . . . . . . . . . . . . . 12 - 12 A Resolution No. 87-1985 adoptea PUBLIC WORRS--ACTION TAREN: Will proceed with advertising f or bi ds Receiving Resignation and Consideration of Appointment to Community Development Commission. ...... 13 - 13 A Resignation received. Item tabled to next Council Meeting CITY MANAGER--ACTION TAREN: Prepared Certificate of Appreciation for Mr. Schmidt for next agenda Council Meeting, October 21, 1985 . NEW BUSINESS (Continued) Pa ge 6 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Appr ov ecl CENTRAL SERVICE--ACTION TAREN: Paid claims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 A Appr ov ed CENTRAL SERVICE--ACTION TAREN: Issued licenses Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16 C Appr ov ed CENTRAL SERVICE--ACTION TARE1�: Paid estimates Added: Setting Public Hearing for Cable TV Owner- ship Changes . . . . . . . . . . . .. . . . . . . . . . . . . 17 Public Hearing set for November 18, 1985 PUBLIC WORRS--ACTION TAREN: Have made arrangments f or public hearing Added: Consideration of Resolution Regarding to FCCCabl e Rul ing . . . . . . . . . . . . . . . . . . . . . . 18 Resolution No. 88-1985 adopted in opposition to ruling PUBLIC WORRS--ACTION TAREN: Will forward resolution to appropriate parties Council Meeting, October 21, 1985 „ r NEW BUSINESS (Continued) Pa ge 7 Added: Consideration of Resolution for Preliminary Approval of Industrial Bonds--Columbia Park Properties Parking Ramp . . . . . . . . . . . . . . . . . . . . . . . . 19 Resolution 89-1985 adopted CENTRAL SERVICE--ACTION TAREN: Inf ormed appl icant of Council prelminary approval Added: Consideration of Resolution f or Preliminary Approval of Industrial Bonds--Osborne Road and University Project . . . . . . . . . . . . . . . . . . . . . 20 Resolution No. 90-1985 adopted CENTRAL SERVICE--ACTION TAREN: Inf ormed applicant of Council preliminary approval Added: Consideration of Support of Fridley Historical Society . . . . . . . . . . . . . . . . . . . . . 21 Staff to inv estigate support of Society CITY MANAGER--ACTION TAREN: Investigated possible supgort of Society. ADJOURN: 9: 07 P. M. 0 COUNCIL MEETING. OCTOBER 21, 1985 ' : ■ :C ► •► ► � PUBLIC HEARING ON FINAL PLAT. P.S. i�85-05, MIDWEST ADDITION, GENERALLY LOCATED BE- TWEEN HICKORY STREET AND MAIN STREE7. NORTH OF 81ST AVENUE NE. BY LEONARD W. VANASSE .. PAGE 2 ........ 2-2H PUBLIC HEARING ON PROPOSED CHANGE TO THE FRIDLEY CITY CODE BY AMENDING CHAPTER 205 - ZONING . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3 A PUBLIC HEARING ON PROPOSED CHANGE TO THE FRIDLEY CITY CODE BY AMENDING CHAPTER 6- COMM i SS I ONS . . . . . . . . . . . . . . . . . . . . . . . . . �+ COUNCIL MEETING, OCTOBER 21. 1985 I 1 : ► 'ii PAGE 3 CONSIDERATION OF SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF 7HE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS iKENT ROESSLER, ZOA #85-02) . . . . . . . . . . . . . . . . . 5 0 1 : 1 0 CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 205 ENTITLED '�ZONING�� SECTION 205.05 . . . . . . . . 6 CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDNG CHAPTER 6 ENTITLED "COMh1(SSIONS'� SECTION 6.07. . . . . . . . 7 COUNCIL MEETING. OCTOBER 21. 1985 1 � : 1 �► ► � PAGE 4 RECEIVING THE MINUTES OF THE PLANNING COMh11SSI0N MEET I NG OF OCTOBER 9. 1985 . . . . . . . . . . . . . . . . . 8 - 8 H A. CONSIDERATION OF SPECIAL USE PERMlT. SP�85-11 TO ALLOW CONSTRUCTION OF A SECONQ A�CESSORY BUILD- ING. 6425 ASHTON AVENUE NE. 8Y �ERRY UNGLAUB........ 8- 8A etQNNiNC GOMMl�S10N RECOMr�IENDATION; APPROVAL 8 8F - 8H �OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION � ,�,a v�� -,e � C�-i dW� '�-�.t �-� $, � �k.tip-e� A f .. F� �. � S�� /�,;.. .`t ., ..,� � { & . : � , , � /' �' � _. . . w - �. _ ... ,r � , 0 CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS. SPECIFfCATIOPJS ANO ESTIMATES OF THE COSTS THEREOF: WATER AND SANITARY SEWER PROJECT #156. ...... 9 CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMI- NARY REPORT AND PET I T I ONS N0. 19-1985 AND ��-��`':.�-�``�� ,,,� �_ �p�- ��y-.y� REQUESTING IMPROVEMENTS FOR 8 LOTS OF OAK RIVER �' ESTATES PROPOSED PLA7 AND FOR PROPOSEQ SERVICE STATION AT 57TH 8 UNIVERSITY AVENUE AND TO WAIVE A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER AND SANITARY SEWER PROJECT �156 . . . . . . . . . . . . . . . . . . . . . . . . 10 - 10 D COUNCIL MEETING, OCTOBER 21. 1985 1 � : 1 •► ► �� PAGE 5 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER b SANlTARY SEWER PROJECT #156 . . . . . . . . 11 0 0 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTiSEMENT FOR BIDS: WATER & SANITARY SEWER PROJECT ,#156 . . . . . . . . . . . . . 12 - 12 A RECEIVING RESIGNATION AND CONSIDERATION OF APPOINTMENT TO COMh1UNITY DEVELOPMENT COMMISSION. ,..... 13 - 13 A 0 COUNCIL MEETING. OCTOBER 21, 1985 1 : 1 •► ► � PAGE 6 CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 L I CENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 15 — 15 A EST IMATES. . . . . . . . . . . . . . . . . . . . . . . . . 16 — 16 C �� . t�t.�F�. i-�12.6 �- CCc.bl.e ��d,e.e. � AC�'i6� T°`.lC.Q.'r-�� . ( � • C .� ` A�c�-� a� ��t.IC�.ri ) �c C C�c�.��. �► � �s -1 G �s � � . ` �� 2e,° -� $ �1 ' ! 9 8.5� �,p.�v�'� '' �-qo—�q�S �, �r 2� � � 1 � ► 1 • 9ATIOPAL BUSI9ESS WONEA'S WBBB , OCTOBER 21-25. 1985 Willism J. Nee M�Yor fridleY, MN. WHEREAS. the rueek of October 21-25 is Nationat Businese Women's Week; and WHEREAS. the Fridtey Businese and Professi.onaZ Women's Ctub honors Kerry A. Van Fteet as FridZey'a Businese Woman of the year; and NOW. TKEREFORE. BE IT RESOLVED that I. WiZtiam J. Nee. Mayor of the City of Fridtey hereby proctaim October 21-25. 1985 as AATIOAAL BUSIAESS WOMEA'S iJEEK in the Citr� of Fridley. IN WITAESS WHEREOF. I have set my hand and caused the aeat of the City of FridZey to be affixed this 21st Day of October. 1985. WILLIAM J. NEE. MAYOR .I I�L /y _ � .1 � �.r, � _ � I�1 •, .i ' 1� �• • �� i 9i' ' � ZY�e Regular meeting of �e Fridley City Couu�cil was called to order at 7:38 p.m. by Mayor Nee. PLF.�DGE OF ALLEGIANCE• I�yor Nee led the Cowzcil and audienve in the Pledge of Allegiance to the Fl ag. I�JLL CAI�L• I�ENBERS PRESII�]T: Mayor Nee, Gbuncilman Goodspeed, Gbtuicilman Fitzpatrick, Q»cilman Sch�ider and Co�cilman Barnette I�ENBII2S ABSFNT: None APPROVAL OF MII�1CTrF�: OOUNCIL MEETING. SEP'I'EN�ER 23. 1985: Gbi.uicilman Gooci�peed requested that on the motion regarding approval of final plat P.S. #85-03 Great Northern Industrial Center East on Page 5, paragraph 7, the vote be oc>rrected to shaa the motion carried by a 4-0 vote with arie abstaination. M�TION by Councilman Barnette to approve the minutes with the above v�rrection. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, I�yor Nee declared the motion carried unanimous].y. ADOPTION OF AGErIDA• The follaaing items were added to the agenda: (1) Revonsideration of Apprwal c+f Final Plat, P.S. �85-03, Great Northern Inc�ustrial Oenter East; (2) Consideration of R�esolution Orc3ering Preliminary Plans and Specifica�ion for F�irkir�g Ra¢np; (3) Consideration of Resalution Receiving Preliminary Report and Setting a Public Hearing for the Parking Ramp; and (4) Consic3eration of an Agreement with the Army Corps of Engineers'for Test Wells far Fbllution Cor�tral. M�TION by Councilman Fitzpatrick to adopt the agenda with the above ac3ditions. Sewnded ty Councilman Schr�eider. Upon a voioe vote, all voting aye, l�yor Nee declared the motion c�rried cmanimously. OPEN FORUM. VISI�RS• �iere was no resp�nse f ran the audienoe �der this itan o� business. AIBLIC HF�RIl�1C'�S • 1. �'[JB�LIC HEARII� � O�NSIDER MpDIFICATIONS TO CITY OF FRIDLEY _I�USI� PIAN: _ ��. i� �y • � �,�i_a+• NDTION by Co�ciiman Fitzpatrick to waive the r�ding of the public hearing notioe and open the public hearing. Seoonded by Councilman Schr�eider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:42 p.m. Mr. Flora, Public Works Director, stated the City has adopted a Housing Plan, which includes modifications and changes c�nanded by the Metropolitan Q��ci2, as far as financing and mortgages for residential housing. He stated these dzanges relate to housing needs of the City and plans to meet those needs and, basically, establishes the City as a�rtner in the mortgaging prooess. Mr. Flora stated, sinoe the City does not have a staff person to handle such a prooess, the banks would cb the mortgaging and the City would administer the mortgages throuc� the banks. Councilman Schneider stated these cfianges are an additional r�uirement for the Coanprehensive Plan and asked if they cover what was discussed at the Co�cil's Conferenoe Meeting. Mr. Flora stated the changes discussed have been inoorp�rated. Rnawone in the audienoe spoke regarding these proposed modificati�s to the City's Housing Plan. 1�DTI�3N by Co�cilman Barnette to close the p�ablic hearing. Seoonded by Co�cilman Schr�eider. Upon a voive vote, all voting aye, Ngyor Nee declared the motion carried unanimously and the public hearing closed at 7:45 p.m. 2. PUBLIC HEARING ON 1985 WATER AND SEWER MAIN LATERALS AND SERVICE OONNE.'CTIONS: NDTInN by Cot.u�cilman Sdzneider to waive the reading of the public hearing notioe and open the public hearing. Sev�nded tr� Co�cilman Barnette. Upon a voice vote, all voting�aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Pribyl, Finanae Officer, stated these charges are being assessed to propegties who have �nnected to City water or sewer or both without having previously paid a lateral charge. He stated all property aar�ers involved in this assessnent have sic�ed agreene.nts agreeing to the principle of these lateral dlarges. He stated the assessment can be spread over a 15 year period with an interest rate c� 9-1/2$ each year rn the tuipaid princi�al. Mr. Al Fehn, 1251 Hillwind Raad, requested an explanation as to what was invalved in this assessnent. Mr. Qureshi, C�.ty N�nager, stated Mr. F+ehn had sic�ed an agreenent with the City when he hooked up to the City's water system to pay the service cannection charges. He stated what is taking place now is the actual assessner�t to the property. -2- ��. i �,. �� _�� : �• �'I� Mr. Fehn asked the total charges and Mr. Qureshi stated the cost is $2,250.74. No other�person in the audienoe spoke regardin.3 this proposed assessnerit. 1rDTmt3 by Coiu�cilman Schneider to close the public hearing. Sewnded by �uncilman Barr�ette. Up�n a voioe vote, all voting aye, Mayor Nee declared the motian aarried unanimously and the public hearing closed at 7:51 p.m. ,QLD BUSINES.S: 3. ORDINANC� N0. 843 ADOPTING TI� BUDGET FOR Ti� FISC.AL YFAR 1986: Mr. Qureshi, City Manager, stated, since the first reading of this ordinanoe. �ere has been a slic�t adjustmer�t in the Legislative p�rtian af the budget, as well as adding an ayency f�d for the Six Cities Watershed. He stated the budget is still within the limits proposed. NDTION by ��cilman Srhneider to waive the seoond reading of Ordinance No. 843 and adopt it on the seoond reading and orc3er publication. Seoonded by O��cilman Goodspeed. Upon a voioe vote, all voting aye, l�yor Nee declared the motion carried unanimously. 3.1 RECONSIDERATION OF APPROVAL OF FINAL PLAT P.S. $85-03, GREAT I�RTHERN z�vsr�� calr�x �sr : Mr. Flora, Riblic Works Director, stated at the last Council meeting on 5epte�nber 23, the Council approved this final plat with two stipulations: (1) payment of the park fee before the plat is recorded; and {2) the existing billboard sic� be renoved. He stated the Fark fee has been paid, haaever, Burlington Northern has a five year lease for the billboard and stated they would renwe it when the lease expires. Mr. F'lora stated the �uncil should aanend the stipulation for renoval o� the billboard. NDTIOAI b� Gouncilman Fitz�atrick to reoonsider apprwal c�f final plat, P.S. #85-03, Great Northern Industrial Center East. Seconded by Councilman Goalspeed. i)pon a voioe vote, all voting aye, I�yor Nee declared the moti� c�rried unanimously. M�TION by Cbuncilman Fitzpatrick to reapprwe final plat, P.S. #85-03, Great Northern Industrial Center East with the stipulation that the billboard on the adjavent property be renaved within five years. Se�nded b� Councilman Gooclspeed. Upon a vaive vote, Oot�cilman Fitzpatrick, Councilman Goodspeed, �tmcilman Barnette and Co�cilman Shcneider voted in f av or of th e moti on. Irhyor Nee abstained fran voting. N�yor Nee declared the motion carried by a 4-0 vote wi th atie abstai r� ti an. -3- �� J�. � Y��t!�. • � �� : a�• rDTION by O��mcilman Barnette to authorize the Mayor to sign this plat. Seoonded by Co�cilman Shcrieider. tJp�n a vaioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. I�nl BUSIIg'�SS• 4� (�TSmFRATION OF FIRST READING OF AN ORDINANCE ON REZONING REQUEST ZOA #85-02 , TO RE7ANE FROM 1�1 to 1�2 . 5586 , 5570 . 5560 FIISI�IORE STREET N.E. , BY KENT R(JESSLF�R • Mr. Flora, Riblic Works Director, stated this rezoning request v�vers three lots to be rezoned frcm R-1 to R-2 in order to allaw the construction of duplexes with zero lot lines. He stated a�ublic hearing on this rezrning was held before the Council on Septenber 23 and the Planning C,omnission's reo�nmer�dation was for approval of this rezoning request. �uncilman Schneider stated there seems to be support in the r�eighborhood for this rezoning. rDTION by ��cilman Schneider to concur with the recommendation of the Planning Comnissirn and waive the reading and approve the ordinance upon first reading. Seoonded b� ��cilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried unanimously. 5. �NSIDERATION OF LOT SPLIT REQUEST, L.S #85-07 .� OONIBII� SEVE_RAr _.I�TS AI�ID R�-SPLIT TO AI�L�'1W DUPLEXES Zn BE SOLD INDIVIDUALLY. 5586. 5570. AND �5�0 FILI.[�IORE STREET N.E. , BY KENr �JESSLER• Mr. Flora, Public Works Director, stated this item relates to the previous rezoning item and the Planning Commission, at their August 21 meeting, re�rianended apprwal c� the rezcx�ing and this lot split request. Mr. Flora stated the request is to oombine Lots lA and 1B, Block 1, Iwen Terrac�e and split in half to allaw a cliglex to be sold individually and also - to sglit Lots 2 and 3 in half to allav duplexes to be sold individually at 5586, 5570, and 5560 Fillmore Street. Mr. Flora stated the Planning Commission recommended four stipulations relating to Feyment of the �rk fees; the protective oovenant agreement between subsequent aaners being approved and reoorded; reoording of the subdivision prior to arty buiding permit; "�and the lot split is oontingent upon apprwal af the rezoning. Mr. Flora stated the Frotective vovenant on the property wnuld have to be changed pertaining only to the restriction of single fanily hanes, if the lot split is appraved. NDTION by CAtmcilman Sdv�eic3er to ooncur with the tnanimous recommendation of the Planning Commission and approve lot spl it. L. S. �85-07 with the fallaaing stipulations: (1) three park fees be paid with the first three building permits; (2) the �otective mvenarit agreenent between subsequent -4- • � t i� � �, ��:a+• aar�ers to be appraved tr� the City and reo�rded at Anoka O�unty; and (3) the subdivision is to be revorcied at Anoka O��ty prior to any building permit. Seoonc3ed by Cfl�cilman Fitzpatrick. Upon a voice vote, all voting aye, I�iyor Nee declared the motion mrried unanimously. IrDTD�N by Councilman Schneicier t�o direct the a3ninistration to take steps to amend the existing oovenant � the property, to which �e City is a�arty to pravide for aonstructian of duglexes on the property with zero lot lines. Se�nded by Cowzcilman Fitzp�trick. Upon a voice vote, all voting aye, l�yor Nee declared the motim carried tmanimously. 6. RECEIVING TE� MINUl'ES OF TE1E PIAI�IIVII� QONA'IISSION MEETING OF SEPTEMBER 24. 1985: A. ITF�MS FRlJM Z'EIE APPEAI� OONIMISSION MEETING OF SEPTEMBER 17. 1985:. A-1. QONSIDERATION OF VARIANCE RE4UES'r � RmUCE SE'TBACK FR(JM TOP OF RIVER B�L�UFFLINE AI�ID � RIDUCE SETBAQt FR(JM IV�RMAL HIGH inIP,TER LINE T� AI.�LIOW O�NSTRUCTION OF ADDI— TIONAL LIVING ARF�A. 6454 RIVERVIEW TERRACE. BY G�ORGE YD N: Mr. Flora, Public Works Director, stated this variance is requested to reduce the setback fran the top of the Mississippi River bluffline fran 40 to 20 feet and to reduce the setback f ran the normal high water 1 ine f ran 100 to 64 feet in order to allaa the c7onstruction of additional living area at 6454 Riverview �erraoe. Mr. Flora stated the petitianer is requesting these variances in order to ac3d a porc� and sundeck to the rear of his hane. Mr. Flora stated the harclship expressed b� the petitioner was the need to position the sunrocm out fran the front af the house with glass panels facing south in order to utilize the passive s�lar systen. The petition states the solar benefit aould not be adiieved fran any other position except the �uth side and the house is located too close to the southern lot lir�e to build there, leaving him no dzoiae but to build to the west end. Mr. Flora stated in keeping with the Interim Developnent Regulations for the Mississippi River Corridor (Yitic�l Area, a local goverrnnent init may grant a varianae fran strict aomplianoe of the setback after an administrative hearing and after the fallaving findings are mac3e: (1) strict enforcement of the setback or heic�t restrictions will result in u�necessary hardship; (2) there are exceptia�al ci rc�mstanoes �ique to the property that were not created b� the lancbwner after April 25, 1975; (3) the dimension variance does not allaa any use that is not a aomFatible use in the land use district in which t3�e property is located; (4) the dimension varianoe will not alter the esse�ntial character of the locality as established by the Interim Develognent Regulations; and (5) the dimensian varianve will not be oontraty to the Order . -5- � 1►. ,��1�1 ��. • � �jl��: �l• • }� Mr. F'lora stated the Appeals Commission found that the variance requests satisfied all four o� the findings and revonmended apprwal o� the varianoes by a 4 to 1 vote. �e nec$tive vote was made to allvw �tmcil to hear this i ten. I�DTION by Co�cilman Fitzpatrick to �ncur with the reoommendation of the Appeals Comnissirn and apprave the varianoes to reduve the setback f ran the top of the Mississippi River bluffline fran 40 feet to 20 feet and to reduoe the sett�ack f ran the normal high water line f ran 100 feet to 64 feet to allaa the cz�nstruction of additianal living area at 6454 Riverview Terrace. Sec�nded tr� Co�cilman Sc�neider. Upon a voioe vote, all voting aye, Mayor Nee declared the motian carried unanimously. A-2. O�NSIDERATION OF A VARIANCE RE4UEST TO RIDUCE Z� MINIMUM WIDTFi OF PARKING STAI.LS FROM A 10 FFEI' � 9 FEEr TO AL,IiOW M�JRE PARKING SPACES. 550 OSBORNE �D N.E.. UNITY H06PITAL• Mr. Flora, Publ'ic Works Director, stated this is a request for a varianae to reduce the minim�an width of �rking stalls fram 10 to 9 feet at Unity Hospital. He stated the Coi.mcil pre�viously approved a special use permit for the hospital to wnstruct additianal parking for their enployees. He stated, since that time, the hospital is o�ncerned about eliminating all the green s�oe and wish tA vary the parking stall size fran a width of 10 feet to 9 feet in order to obtain the required amoiu►t of parking and still leave additional green area. Mr. Flora stated the hardship expressed by the petitioner was due to the �oertairity surro�ding their future building plans, they wish to avoid overFaving the �operty and still m3intain adequate parking. Mr. Flora stated the Appeals Canmission has reaommended approval of this varianoe. Nhyor Nee asked if nir�e foot wide Farking stalls were typical. Mr. Flora stated sane cities have gone to this width because of the large amount of oom�sct aars. Mr. Flora stated at the Appeals Comnissian meeting, there was discussi� regarding use of nine foot stal] s for employee parking. He s�ated the petitiazer had stated they felt oomfortable they have enough ten f oot stall s f or Fa ti erit Fa rki ng. I�DTION by Co�cilman Goodspeed to ooncur with the reoommendation of the Appeals Conmissian and grant the variance to reduce the minimLUn width of enplo,�ee parking stalls fram 10 feet to 9 feet on �aroel 600, in the north 1/2 of Section 11, the same being 550 Osborne Road (Unity Hospital) . Sevoncied by Councilman Sd�neider. Upon a voioe vote, all voting aye, Mayor Nee c3eclared the moti� carried �manimously. mtmcilman Gooc�speed stated he felt the ordinance should be reviewed to -6 - �� i� ��, �� : �+• wnsider a dzange in the width of parking stalls. I+gyor Nee stated he thouc�t, if this were cbne, you may have more vehicles being damaged as there would be less spac�e for manewerability. NDTION by Councilman Barnette to receive the minutes of the Pl anni ng Cannission meeting of Septenber 24, 1985. Seoonded by (b�cilman Schneider. Upon a vaioe vote, all voting aye, Mayor Nee declared the motion carried ur�animously. 7. SIDERATI OF AGREEME WITH MAR-LE DEVELOPMENT RATI N R m,.,eR*orr�r+TnU nF n mRtrtt m�iJ.SF'ER FACILITY: w+vaa�vv v Mr. Flora, Public Works Director, stated Mar-Len is pursuing oonstruction o� a freic�t terminal north c� 81st Avenue, between Main Street and Hickory Street. He stated, in �njtsiction with this developnent, an agreement has been drawn which outlir�es the developer's responsibilities. �ere has been a cfiange in two itens on the agreener�t. He stated the first change is to add the words "but unlevied" in Iten 2 and to add an addi ti onal pa ragraph, Item 10. He stated this agre�nent should be executed bef ore building permits are issued. Mr. Vanasse, President o� I�r-Len, introduoed Mr. Bi11 Penk. the architect, who presented drawings of this proposed facility shaaing the location af the truck terminal, �fic�e facility, and p3rkin9• Mr, l�nk stated there would be a four foot berm an eight foot fence with slats. He stated the buildings within basically, wouldn't be visible and there would be no di rect viaa a� the souroe of 1 igh ti ng f ran out si de th i s f acil ity. Gb�cilman Fitzpatrick asked if the City had reveived any feec�ack f rom the surrotmding property aaners or the nature center. Mr. Flora stated the g.iblic hearing for the plat is scheduled for the next Council meeting so felt any oomments would iae forthcoming at that time. Mr. Flora stated Mar-Len has made an enviraranerital impact study and the noted information indicates no impact. Gbuncilman Schneider asked if trucks would be left idling at this facility. Mr, l�nk stated the only idling that would occur is when a truck is servioed and refueled t�efore it is reacly to leave. Councilman Schneider asked how they would enforce the item in the developnent agreenent that keeps truckers f rcm using East River Road. Mr. V'anasse stated East River Raad does't present any entioanent for then to use this street. He stated, fram traffic and time stuc7i.es cbne, there would be no advantage in using East River Road an they are willing to use University Avenue. -7- ��. i ��_ � �� : a+• O��mcilman Fitzpatrick asked about idling in the trailers of ref rigeration i.riits. Mr. Vanasse stated their oompany isn't in the business of oold refrigeration trucking. NDT�1 by Cbuncilman Goocispeed to apprnve and authorize execution of this developnent a�ntract with Mar-Len. Seoonded by Councilman Fitzpatrick. Upon a vaive vote, all voting aye, Mayor Nee declared the motion carried unanimously. l�yor Nee stated he would like to see the driveways widened to permit easy acoess to the facility. He requested staff tA check into this matter. 8. OONSIDERATION OF SELECTING A CONSULTANT FOR THE REHABILITATION OF.81ST AVENUE N.E. STREET IMPROVENIEI�Tr• Mr. Flora, Public Works Direc:tor, stated because of the increased load of truck traffic on 81st Avenue and the �ntinuing ground water problems, the City has requested prop�sals to design 81st Avenue to satisfy the 10 ton load capacity required and to deal with the ground water oontaminatian. Mr. Flora stated three prop�sals were reveived. He stated one was frcm Ti�IA who proposes to acoanglish the analysis and design for a cost of $8,000; another proposal was fran Gbmstock & Davis to ir�vestigate and complete a desic�► at a�st between $11,325 to $13,900; and the other prop�sal was fran Short-Elliott-Hendrickson who proposes to design the street at a cost between $12,000 and $20,000. Mr. Flora stated it would be ap�opriate for the City bo retain a wnsulting engineer to investigate and design the appropriate roadway surfaoe. He stated Comstock and Davis is most faaniliar with the City and has designed the storm water system in this area so it would be appropriate for the Qouncil to aonsider then for �is work. NDTION by (buncilman Goodspeed to aoquire the firm of Comstock & Davis to investigate and oanglete a desicy� for 81st Avenue at a wst between $11,325 to $13,900, depending on the solution to be used. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried tmanimously. 9. OONSIDERATION OF AUrHORIZING THE CITY MANAGER TO ENTER INTO AN EASEMENT AGREEMENr WITH Sr. ANrHpNY VILLAGE SHOPPING CEi�TrER AI�ID SHOR��A70D INN, INC.: Mr. Flora, Riblic Works Director, stated the Shorewood Inn is purchasing property adjacent to their business fran St. Anthony Village Shopping Center, Inc. He stated the Rice Creek Watershed District has requested these �arties enter into an agreenent for the City to have an easement for water ponding and flaaage. Mr. Flora stated this easement agreenent has been revi�saed by the City Attorrey and he felt it wasn't detrimerital to the t�.ty. � ��1�. � �� IM1�-��- � �� : �• I�DT�ON by O��mcilman Sdzneic3er to authorize the City Manager to execute this ease�nent agreene.nt. Se�nc3ed by Oouncilman Barnette. Upon a voice vote, all voting aye, I�yor Nee declared the motion oarried �animously- 10. �i`.SIDERP►TION OF A FIRST SUPPI,ENSENI'AL TRUST INDENI'UR� BETWEEN THE CITY OF i�DLEy p,I�ID 1�UFdnT�'Sr BANK (I�lOi�Ii FREEWAY INVESTORS INDUSTRIAL DEVEIAPMENT BOTIDS) : l�r. Qureshi, City Manager, stated this ir�volves the paperwork on the industrial revenue b�nds for North Freeway Irrvestors. He stated he oould see no problen with it, hawever, would like ap�praval o�ntingerit on revi�a by the C�ty Attorney. NDTION by Councilman Fitzpatrick to adopt the indenture, oontingent on approval b� the City Attorrrey. Seoonded tr� Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CbNSIDERATION OF A FIRST SUPPI,EMF�[JTAI� TRUST IPIDENTURE BETWEEN THE CITY OF F�tIDLEY AND NORWEST BANK (RIVER ROAD INVESTORS INDUSTRIAL DEVELOPMEIVT .$�) : Mr. Qureshi, City Manager, stated this irivolves the paperwork on the industrial revenue bonds for the River Road Investors. He stated he would like appraval o�ntingent on review by the CYty Attorney. M�TION by Councilman Fitzpatrick to adopt the indenture, oontingent on apprwal by the City Attorney. Seoonded by Councilman Goodspeed. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. O�IwSIDERATION OF APPFi�JVAL OF AN F.MPTAYEE SEPARATION BENEFIT PIAN FOR CITYS?F FRIDLEY AAI�-UNION EMPIAYEES• Mr. Qureshi, C�ty I�nager, stated approval is requested for an emplayee separatirn benefit plan. He stated the ir►tent of the plan is to help all emplayees prepare for expenses related to separation by encouraging participation in the City's deferred compensaton plan. He stated an additional feature is to pravide a separation benefit for long-term enplv�ees who have not had the opportunity to accumulate funds over the years in a deferred oompensatian plan• Mr. Qureshi stated the rn-going oost of the se�aratian ber�efit plan will be 0.5$ of the base slazy af n�n-union enplo�ees- M�TION by Councilman Schneider to concur with the City Manager's reooa�mendatian and apprave the prop�sed anglayee separatior� benef it plan. Seoonded by douncilman Barnette. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. -9- �� i�+ r • �� : �• .' �� ,, _ n �. . � � . . . � �IMut�� tia� • � •• r • • . • ; . � bDTION by �uncilman Fitzpatrick to apprave the re-appoir�tmerYt af George M. Han.sen �mpany far the 1985 audit. Sevoncied tr� �uncilman Shcneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. 14. ��LI�TION N? 73-1985 APP%JVING TEIE ANIEI�IDID HOUSING PLAN AND AUTAORIZINC THE CITY MAI�GER � SUBMIT Tf� PLAN � THE NIEI'�JPOLITAN COUNCIL• NDTION by Cbuncilman Schneider t,o adopt Resolution No. 73-1985. Seoonded by douncilman Goo�peed. Upon a voioe vote, all voting aye, l�yor Nee declared the motion �rried unanimously. 15. RE90LUTION N0. 74-1985 AtTrHORIZING TE� CITY MANAGER � EXPEI�ID FUrIDS TO BRING THE CITY OF FRIDLEY INIn OOMPLIAN(:E WITH THE FEDERAL FAIR LABOR STANDARDS ACT OF 1938• NDTION by �uncilman Schneider to adopt Resolutian No. 74-1985. Sec�nded by Gbuncilman Goodspeed. Mr. Qureshi, City N�nager, stated in a reoent Supresne Court ruling, local �i ts of goverrment are r�aw requi red to vomgly wi th th e pr ov i si ons of th e �ec3eral Fair Labor Standarcls Act of 1938. N�. Qureshi stated, in order to bring the City into Wmplianoe, additional funds are needed for payment of overtime instead of ooanpensatory time. 16. RE90IdJTION NO 75-1985 CERTIFYING TAX LEVY RE4UIREMENTS FOR 1986 TO THE OOUN!'Y OF AI�KA FOR OOLLECrION • NDTION by Co�cilman Barnette to adopt Resolution No. 75-1985. Seconded by O��cilman Sc�neider. Up�n a vaioe vote, all voting aye, I�yor Nee declared the moti ai � r ri ed unanintously. 17. RF�90LIfrION 1�A. 76-1985 OONFIRMING ASSESSNN1ENr FOR 1985 t�1TER AI�ID SEWER MAINS, LATERAI� . AI�ID SERVICE O�I�IIJECrIONS • NDTION by Councilman Barriette to adopt Resolution No. 76-1985. Seconded by Co�cilman Sd�neider. Upon a voi.oe vote, all voting aye, Ngyor Nee declared the motiaz aarried u�animously. 18. RFSOLUTION N0. 77-1985 CERTIFYING (�AIN DELIN4UENr tnTp,TER ADID SEWF�t CFiARGES Z� THE QOL�TI'Y AUDIZ�OR FOR OOLLECrION WITH Tf� 1986 TAXES: I+DTIbN by Councilman Schryeider to adopt Resalution No. 77-1985. Seoonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously. - 10 - ��. �� —��- ��,�' �1• 19. -,^ '^�� ••r,.,,�,T�Y�r �crr��c m1 muF: mrtnmY ALI�I�POR Zt� BE LEVIED �Lll11t�N PIU. !d 1707 LLictlr ittw �.aruw�+.� �.,+ AGAINS'r C�AIN PROPERTIES FOR �LLECTION WITH THE TAXES PAYABLE I�1 �986 �WF�S) : 1�DTIDN by Councilman Fitzpatrick to adopt Res�lution No. 78-1985. Seoonded by (,btmcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motian oarried unanimously• 20. LITrION I�U. 79-1985 ATTPf�RIZII� AI�ID DIRF�CTING THE SPLITTING OF SPECIAL acc�ccM�,try+S ON PART OF I4►1'S 16 A1�ID 17 . AUDITUR' S SUBDIVISION I�U. 88 : NDTION by Councilman Schr�eider to adopt Resolution No. 7�1985. Seo�nded by �uncilman Barnette. Upon a voioe vote, all voting aye. I�yor Nee declared the motion carried unanimously. 21. RESOLt7TI0N I�. 8Q-1985 SEITING AN ELECTION k�OR �9 II,[��ER I in�,RD I: NDTION by Councilman Fitzpatrick to adopt Resolutian No. 80-1985. Seconded by Co�cilman Schneider. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RF�90Li�I0N I�A. 81 1985 DESIGNING POLLING PLACES AND APPO NTING ELECTION ��S FOR Tf� NQVEMBER 5, 1985 GEI�RAL EI,ECTION: NDTD�N by Oo�cilman Barnette to adopt Resolution No. 81-1985. Seoonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motian oarried unanimously. 23. APPOINrMEI�Tr - CITY F�NlPLOYEE: NDTION by Co�cilman Barnette to wncur with the follawing appointment by the City I�nager : �� F�mela A. Alsen P.O. Box 111 Wyaning, MV 55092 POSITIO�T CYime Prev. S�ecial ist II R�l ioe Department S�►RTIl�G Sl'1+iRTII�U S�ALARY DATE $16 ,000 Septenber 30 P�r 1985 Year ' '�'r Liz Qievalier Sea�nded by (7o�mcilman Sc�,neic�er. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. LIC�LSES• M�TION by �uncilman Fitzpatrick to appro�ve the licenses as suYmitted and as on fil.e in the Lioense Clerk's Offioe. Seoonded by Couincilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. - 11 - ��1�. _� yl�i 1�. �i � ��_�1. . '�� 25 . ¢�TM,� IK�TION by Councilman Barnette to authorize payment of Claims No. 4758 �rouc� 4967. Seo�nded by ��cilman Schneider. Upon a voioe vote, all voting aye, l�yor Nee declared the motian a�rried timanimously. 25. ESTIMATES: IrDT�0i�1 by ��.azcilman Barnette to ap�xwe the estimates as �sutmitted. Herrick & Newman, P.A. 6 26 9 Univ ersi ty Ave. N. E. Fridley, MV 55432 For Legal Servioes Rendered as City Attorr�y for the Month o� Septenber, 1985 ..... $ 3,879.50 Seoonded by Cou�cilman Schneider. Llpon a voioe vote, all voting aye, Mayor Nee declared the motirn carried tmanimously. 27. RE90LLTrION N0. 82-1985 ORDERII� PRELIMINARY PLANS AND SPECIFICATIONS FOR PARKING RAMP• NDTION b� Cou�ncilman Sdzr�eider to adopt Resolution N0. 82-1985. Sev�nded by ��cilman Barnette. Upon a voioe vote, all voting aye, I�yor Nee declared the motian carried tuianimously. 28. RE90I�TrION I�U. 83-1985 RECEIVING PRELIMINARY REPORT AND_ �ETTI A PUBLIC HEARING FOR TE� PARKING RAMP• NDTIUN by oo�cilman Barnette to acbpt Resolution No. 83-1985, and set the public hearing for Nwe�nber 4, 1985. Seoonded by Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 29. O�NSIDERATION OF AN AGREEMENT WITH THE ARMY CORPS OF ENGINEERS FOR TEST WEI,IS FOR POLLCTrION QONPROL• Mr. Flora, Riblic Works Director, stated the Army Corps of Engineers is attanpting to determine the water flaw around the FMC site and has been trying, without success, to obtain permissia► fran the Burlington Northern to laoe scme manitoring wells � their property. He stated the Army Corps has approached the City and wishes to plaoe wells in the street right-of-way to deteunirye this flvw o� water. I�DTION by Coimcilman Fitzp�trick to approve the agreeqnent with the Army Gbrps of �gineers for the use c� public right-of-way for test wells for pollutirn wntral. Seoonded by �uncilman Schneider. Upon a voice vote, all voting aye, I�yor Nee declared the motian carried iusanimously. -12- � ��. i�+ ��_ • � ��: �• L�:}.� . � • ' �;�!�� 1rDTION by Councilman Schneider to adjourn the meeting. Seconded by (b�cilman Goodspeed. tip�n a voioe vote, all voting aye, l�yor Nee declared the motiaz aarried imanimously and the Regular Meeting of the Fridley City �incil o� October 7, 1985 adjourred at 8:55 p.m. Respectully sutmitted, C`arole Haddad Willian J. Nee Secre�tary to the l�yor C5. ty �ta�cil -13- 0 PLAt�'�:;�G IssIOW MEETING. SEPTEMBER 11, 1985 PAGE 2 Mr. Herbe Lennox stated he did plan to use the structure as a garage for cars, a boa snowmobile and trailer. ett. Ne did plan on putting a concrete driveway to e structure. Ms. Schnabel as' in the proposed Mr. Lennox stated Mr. Lennox if he planned to do any type of home occuoation ructure. MrJTIOti BY MR. SABA, did not. UPO'� A VOICE VOTE, ALL V NEnR: hG CIAS£� AT 7: 45 P DED BY M5. GABEL, TO C:,OSE TN£ P:'BLIC HEARI'�'G. :NG A�'E, CXAIR�tiJ.y:+'� S�N.tiABE:. D£CLAFr: TH£ F:'£: :� M.^.T: �ti B�' MP.. SABA, SECO!�DED l' MA.. WELLW:, TO RF.�D`!`.'r�;:' TO CI:'}' CC':'.'�.":1 "'AZ OF SPE�IA� CSE PERMI. SP MF5-�0, B}' NEP.BEP� L£'C.�'0': II, PEF Sr..�: �,� AFi F. � � 70 �. 0 i.1 � C, 1� OF TNE FP.IDLEY 'T}' CCDE T^ A:.IAI+ TNF CD:�'STR:'� 'IOti' OF A SE�O.'�.^ AC�E�S�R)' B:'.'LP;I�G, A 24 . B2' 30 F: , DET1i�Nf'D GnRl��` 0•'� L."T 4. BU:�C!: 2� SPP.?.'; � VALI.E�' � TH£ SA"!£ ti� : 4� I RIC£ 'CRE'f'r" R:. A:� �' , F, � W 1�?i T:"ii r c:'Ip:':.A:'IDA' TNnT A HF►.�� SURFA�£ DR: i+nY BF ISc� A.'.LF.: .. Ti?F. fiP.i; c"'R..�. i� r.. UPJ': A t'DICE V�TE, A:.:. t'D:INC 1!!'E, CHA�h'�!"w: SCN':ABL:. DECLAFF:. Tf:F t!J:': "'� CADFIED Uti;,':I.M��SLI'. � Ms. Schnabel stated this would go to City�Council on Oct. 7. 2. PU6�IC HEAR:NG: COr;SIDERATION OF A PRELIMIriARY PLAT� P.S. �85-04, OAv PI��E? S , � c �$�� : e�ng a rep a� 0�1 ots`� and 41, Revised Auditor's Subdivis�or No. 77. Anoka County, M;nnesota, exCept that part replatted as Niecnann Addition. the sa�e being 7560 East River Road, N.„'T ^ti' B}' N. �. G.rib=':. � S£CC!� �ED 81' M.P.. h'Ei.I,R.': , TC OPE.': TNE PUBL. C F.'EhF.: ': ; ii': p..�.. �P��¢. UP��.'� A T'OIC£ VOTE, AL:. VvT:i:G AYLr, CXF,IRk'�"!n:� SCXti�,?r� DECLI,FrL TN.E PL't'_'_:'_' li£�;n: ti;, OPE.'� A:' 7: 4: p, "!, Mr, Robinson stated the proposed plat was just west of East P.:ver Road and north of existing 75th Way. It involved 8 lots and the land area was aoproxir-,a*_e1y 3 acres, approximately 2.3 acres of that being platted into new lots. The zoning was single far�ily as were all the properties in the immediate neighborhood. Mr. Rob;nson stated the proposal was to split the parcels into 8 lots, 7 lots will be used for new homes and Lot 4 with an existing house on it will re-:air•. .A11 the lots exceed the required lot area of 9,000 sq. ft. The smallest lot was 9,525 sq, ft, and the lots ranged from that ua to over 16,00� s4. ft. A'1 the lots were 15 ft. or more at the setback which was req��ired by code. The road right-of-way was 50 ft. wide and this would provide a 36 ft. w�de s*ree', 1 1A PLAN!�I'iS COM"1ISSIOh MEETING, SEP7EM8ER 11, 1985 PAGE 3 with a 7 ft, wide green boulevard on each side of the street. The street was approximately 510 ft. long. This was less than �he maximum allowable street length on a dead-end street which is 600 ft.; however, the cul-de-sac was less than full width and it did have a 75 ft. diameter. The full width req��irer�ent was 100 ft.; however this requirement could be waived if conditions made it difficult to make it 100 ft. � Mr. Robinson stated all the utilities are available to the lots off Alden Way. The petitioner has shown on his plat the easement so the water line can be looped off Alden Way to the existing lot on East River Road. Mr. Robinson stated the park fee agreement for these 8 lots has been signed-- 51,500/lot or a total of 512,000. Most of the mature trees on the site will remain. Sales of the ho�es are slated for around 5125,�00. with the exception of the home on Lot 4� which was perhaps in the 570,000 range. Mr. �obinson stated Staff was recor�mending the followinq stipulations: 1, Road easement over the southeast corner of 1501 Alden Way to be granted to the City pr�or to final plat apnroval. 2. Petitioner agree to assessments for all street dnd utllities. 3. Boulevard on the south of new 76th Avenue to be maintained by residents of Oa�: River Estates Plat. 4. All ttructures except the existing house on Lot 4 to be rer�oved w�th the develop�ent. 5. Petitioner to provide 200 ft, scale n1�t drawinq for record�nq purposes. 6. Rear yard variance on Lot 4 frnm 40 ft, to approximately 23 ft. contingent upon approval w�th fina' plat. 7. Petitioner to provide a double garage w�th hard surface driveway to existing fiouse on Lot 4 prior to sale of said real estate. 8. Petitioner to work out en ap�roved drdinaoe D�an w�th Enpineerinq staff. Mr. Minton stated that regarding stipulation �3, he questioned how that was going to be enforced. Mr. Rob�nson stated he did not know. but there would probably have to be sor�e wording in the purchase agre�ent at the time of the sale. Staff could consult with the City Attorney on how this could be worded. Ms. Gabel �tated she felt it was more log;cal io deed that property to the present qomeowners south of 76th and have ther-� maintain it. Mr. Wellan agreed. It seer�ed more aopropriate if the neople to the south of •the proposed 76th Ave. a�ere agreeable to doing it. Mr. Dou; Peterson stated they had t�►e sar�e problem wfth what to do w;th the easement to the south. 1g P�a��,Ir�; CO""MISSIO►� MEETING. S�QTEMBER 11. 1985 PAG� 4 Mr, Doug Peterson stated he had considered putting a street through the middle of the oroject which would have provided more lots. but the lots would have been quite ugly. He stated he was open to sugaestions fror� the Planning Co��.ssion and the people in the audience. He stated he did plan to save as many trees as possible for shade and streening. Ms. Schnabel stated that regarding the road easer�ent and the property at 7501 Alden Way� was Mr. Peterson purchasing the corner of that propertv fror^ the owners? Mr. Peterson stated he has talked to Mr, b Mrs.lind and they are trvinQ t� put soc�ething together as an eas�ent. Mr. Doug Peterson stated he intends to rer�ove all the bu�lt;inG� •.�hich are nostly sheds on the property. except the house on Lot 4. Mr. Wellan stated he was concerned as to how that older existinq house would fit into a new neighborhood with new houses. Mr. Douc Peterson stated the house does not f:t in now� but it was in pretty sound shape. It was not econorically feas�ble to either move it or tear it down. The hause is a 2 bedrooT expansion built in the 1950's with a finished basement. Mr. Phil lind� 7501 Alden Way, stated that Mr, RpbinSOn had stated the road right-of-w�y was 50 ft. wide to prc��de for a 36 ft. w�de st►-eet. He quest�oned the need for a 36 ft, wide s:reet when Alder, Wav is o�lv a 30 ft, wide stree;. He statei Alden 4lav has 10-20 tines the amo�nt of traffic on it than the pro�ose� 76th Ave.�ever w�ll. By getting a variance and mai�inQ 76th Ave, a 30 ft, street. he might have to lose that frontage on h�s property wh=ch was very importan� to hir�. He felt a pro�osal for a 30 ft. street was well worth consideri��g for two reasons: (1) the safety standpoint. It is a busy corner and it is a �lind corner in one direction; (2) If they took the whole easer�ent away and made that a street, he would have mounds of snow in h;s dr�vewa,�. As it is. he and his neighbor have two driveways back to back� and it would be a real hardsh'p w�th the add;tional snow�. Mr. Lind stated he real�zed that Alden Way, at the point where the proD�se�i 76th Ave, would ente►� was widpr, Dut other than that. Alden Way was a 3G ft. wide street, and parking was allowed right now on both sides. Mr. Robinson stated the standard residential street is 36 ft. Ms. Schnabel stated that on a 36 ft. street, norrrally there is parking or bct�� sides, but in th;s instance chances are there wouldn't be and the cars would probably be only on the n�rth side of the street where the houses would be, sc it was possible a narrower street would work. Mr. Robinson stated the Engineering pept, was in the p►-ocess of design;ng tne street, and the possibility of a 30 ft. street could be brought to the'r atten:ion. 1C PIANtiIr;G CO"4"":55I�N MEETING. SEPTEMBER 11, 1985 PAGE 5 Mr, lind stated he would like to see the proposed 76th Ave. come out and turn to the south so it meets the curve at a 90° angle. Ms. Schnabel thanked Mr. Lind for his concerns and comments and stated these would be passed on to the Engineering Dept. Mr. Ralph Petersen,116 Rickard Rd., stated he lived on the north side of the prpposed replat. He stated he woutd like to raise an issue concerning the situation with the street a�d that was that fror� the existinq Alden Wav to the existing ground level, there was probably a difference in elevation uf 10 ft, in a relatively short distance. In order to regrade t�e pro�erty for a new street at this point� that was going to cut into the corner of Mr, lind's property subStantially. Mr. Robinson stated that what Mr. PetersPn said was trve, there would De some regrading of Mr. Pete�sen's yard to build t'�e stree:. Mr. Lind stated this was another concern of his. Mr. Ralph Peterse� stated there were so�e fair sized trees that would have to be taken out in order to do the req�•3ding. Proba�ly a tree in Mr. Lind's front yard would have to be taken down also. His prir�ary concern was that he has lived there for a number of years next to this beaut�ful pro�erty with only ane house on it. 7here are sor�e beautiful trees, and he feared that even tho��ah the developer has good intertions, fror� see�ng the plat des�or. he felt they were going to lose more trees than was desirecl in this lotat:on, ihe trees ran�e in aoe fro� 10-15 years to 60-8� years. so it was indeed a well r��ature� lot. Tr,ere was a grove of pine trees, 20-25 years o14, in tl�e pror�:,ced c�l-de- sac tha: wo�1d have to be rerroved. Mr, Ral�h Petersen stated that beinc a resident of the area, if this Dro^ertv is developed, he would like to see it develo�ed w�th an invest�ent that wnuld ma�nta�n the integrity of the lot itself and the surroundina neighborhood. One suvgest�on r;iaht be a replat with fewer lots. There are 1 lots �ro�osed alonc the north side o� the plat, and there are only 6 lots on the oro�erty adjoinir�c the bac�. of the property, so the lots praposed are Sor�ewhat narrawer than the ones that exist in the ne;ghborhood. Mr. Ral�h Petersen stated he was not sure of the setbacks in the rest of th� neighborhood, but his setback fror^ the curb ao�eared to be about 50 ft. Regarding the proposal to leave the existing house on Lot 4, he would re:��°er,d against it. He had some experience in carpentry, and he felt the house was not in very good condition, It was relatively small and the style of the house did not fit in with the neighborhood. The house is not hooked up to c�ty Nater and sewer, and the septic syste� was just redone last year, This ra�se�' the question: Who will take out the existing well and sept:c tank? Mr. Ralph Petersen stated he wpuld like to see a concerted eff�rt R�ade 'n maintaining the aesthetics of the property. Aesthetics freouer,:'y cc�.`1`ct with econom;cs, but he thought the value of that property was very ir�portar.:. .---.�.�.�+.� 1D PLANt�ING COMMISSION MEETING, SEPTEMBER 11, 1985 PAGE 6 Mr, Robert Duebek� 108 Rickard Rd.� stated he was in concurrence with what Mr. Petersen had said about the trees. He stated there are many birds and wildlife in the area which they love very much. Losing a lot of trees would really ruin Lheir enjo;�nent of nature. He stated the trees rrere his main concern,and he would suggest that a stipulation be that the only trees removed in the development de those trees that are in the line of construction, Ms. Schnabel stated that if the property was developed and the street w?s constructed as proposed, regarding the maintenance of the 7 ft, green area which w�uld be on the south side of 76th, would the property owners of the property adjoining that 7 ft, boulevard be willing to maintain the property? Mr. Crea�er, 55 - 75th Way, stated he would be willinQ to maintain it. He stated that currently he has to �aintain it most of the time anyway. He stated he has no back fence so there would be no proble�, but it would be more of a problem for the property owners whose back yards are fenced. Mr. Bill Witkowski, 100 Rickard Rd., stated that the ho�es in the area are predo�inately single story ramblers. He asked if Mr. Doug Peterson was con- sidering building homes with multiple levels. Mr. Doug PQterson stated that most of the homes would �robably be 1�, story with split foyers. � Mr. Witkowski stated he felt a little uneasy with sinvle family housinq all around and then have a bunch of two story houses in their back yards. He just did not think it would look good with the houses in the area. Ms. Schnabel stated that was a go�d point, but the Zoning Code does Der�,it U�o story homes to be bu�lt. Mr. Ralph Petersen stated that ab�ut the middle of proposed Lot 5 and Lot 6, there was an ex�sting driveway that co�es in fro� East River Road. That had an elevation of almost 3�4 ft. at the boundary of Lots 5 and 6. There was a cluster of trees on the north side. He stated that was probably the lo�r spo± in the area and in the spring when it thaws, there was a fairly large pool of water that cou�d extend all the wav from the driveway to the north lot line. In the process of digging and distributing dirt and regrading, that w?11, of course,affect the trees, but what would happen to the low s�ot? He stated he was concerned because his back yard was an extension of that low s�ot and he did not want the water to go into�his basement. Mr. Robinson stated that one of the stipulations on the replat was that the petitioner must work out an approved drainage plan with Engineering staff. �Mr. Jeffrey Bolz, 124 Rickard Rd., stated he lived beh;nd Lot 4. He stated he felt that the lots were too long and not very wide for the value of ho�es being proposed. He also felt the existing house on Lot 4 presented sor�e problems as far as setbacks. Mr. Robinson stated the existing house on Lot 4 could present so�e proble�.s as far as front yard setbacks for the new homes. 1E QLArrhI►l, COr�c�ISSION MEETING, SEPTEMB�R 11, 1985 PAGE 7 Mr. Dennis Ot`.em, 140 Ri�kard �d., stated he agreed with everything that has been said. He also felt that S125,000 f�omes were not going to fit into a development with one old house. Mr. Minton stated he thought the•major concern expressed was the saving of trees. Could Mr. Doug Peterson corrment on that? Mr. Doug Peterson stated it was a beautiful lot, and he would attem�t to save trees �hereaer possible. He stated they dig with a back hoe, as opposed to a caterpillar, in order to save trees. Ms. Schnabel asked Mr. Peterson's feelings about reducing the number of lots f rom 8 to 1. Mr. Doug Peterson stated he did not see where that would be possible. Origi- nally, they started out with 11 lots. He stated these 8 lots all meet the city's requirements, in fact, exceed all the city's reCUiremer,t5. With special assessnents and land cost, the lots are getting close to 525-30,000. he stated it was cost prohibitive to move the existing house. His intention was to upgrade the house. Granted, it would not be a S?25,000 house, but they do feel these new homes will raise Lhe value in the area. Mr, Peterson stated he would like the Planning Cor�►s�;ssion ta approve the replat as presented. They have worked with City Staff to come up w�th the most feasible plan. M�:":'?.': 85' N.c, GA5E�, SECD.':Di� BF M.F.. X.D."��F.I�f:, T•✓ CLOSE Tti£ P;.'BLIC NF:n:�:.':':;. UPO.': A VOI�E l'O:'£� A:� VO:I.:G AY£� CHAIA.�:.7!�!F..': SC!y.'�.riAr'.:. DE�:.AP.F.D TiiF. Pi'n:.:"- N£AR.SG CIASED A^' 9:1f P.". Ms. Gabel stated she r_ally felt the exis!ing house on Lot 4 should be re^�oved. With the exception o` that house ard having looked at a lot of plats over the years, she felt this was a reasonab�e plat. She syripathized with the concerns about keeping the trees and she would like to see the developer work at that. As far as the design of the houses, that was sor�ething the Corir�ssion had no control over. She felt the plat was reasonable, anc� she did think these new homes would enhance the neighborhood. Ms. Schnabel stated she felt leaving the house on�Lot 4 would have a negative impect on the development. She also felt they should address Mr. Lin�i's concerns. Mr. Robinson stated that since Mr. Lind has a direct concern it might be advisable for Mr. Lind to meet with Mark Bu�ch, Asst. Public Works Director, and work these things out. Ms. Schnabel stated she was still not cor^fortable with stipulation �3 that the boulevard on the south side of the new 76th Ave, be maintained by the residents of Oak River Estates Plat. 1F PLANNING COMMISSION MEETI��G, SEPTE�+IBER 11 L 1985 PAGE 8 ~ Mr. Robinson stated that if the property owners on the south were willinq to maintain the boulevard, perhaps the developer would be willing to install gates for those property owners who have back yard fences. Another property owner on 75th Way with property abutting the boulevard stated he would be willing to maintain the boulevard. He stated he does have a fence in his back yard. Ms. Schnabel stated they realiie it is difficult for people who have lived in a neighborhood for a long time to see a piece of property that is vacant g�, but they also know that land is very valuable; that they have decreased ar►ounts of land available in Fridley for development. It certainly app��•�ed that in terr�s of a plat, it was a reasonable plat and that the develooer has made every effort to meet all code requirements. From that standpoint, the Planninq Cor�mission could not reject the plat. She thought it could be a nice area for the neighborhood. She felt confident that the homes would be of substantial quality, and she could not find eny real negatives, other than the existing house on Lot 4. She felt strongly that the house should be removed. N.J^" B1' MR. k:!:iOti, SE��IDED B}' MR. KDtiDP.7.:}', TO RE�D!!urtiP T:' CIT}' CDi'.':=7L AFFh::',�;* OF FP.F.'.,IM:4'AR�' PLA�', P.5. ±�85-04, DAF' P.IJER ES'i+.''ES, Bi' DOC'G PETcr?S.^..':, BE..'::' A Ri'P:.A:' OF LG'TS QO A�D 41, RE:'I�ED A:'P_:"GF.'S 5_'F�I:?�.J.': ?::!, 7%, A-':"}:�, CrJ:'t;:}', MI.'ti.':ES.^.:'n, £X�r'F�' TXA:' PnP.T REPL.F,T?'F.: l+S I:IEN.F,.':.. A�.`'.:_'I^.'', TXr �K�'i. BE::;: 7500 EA,S; R:V£F RDAD� h'ITu TNE FDi:.Jk':.':G ST:P::�.T,TIO.':S: 1. ROn�^ E.�S£"!£:;:' O:'EP TF?£ 5:�:.'7'?iEl+�� COR.':F'R OF 7�0� A.'.D£.': �'�+}' T'' Pr GRi+.�:'E'� T;' Tfi� C1:2' PA.IJR TO FI.':n.'.. F�.A:' APPr.'.:'n... ?. PF'1:'ID'�EA AriA.EE T✓ J�SS£SS!!£.':"'S FOR .ri�L STREFT A':� :':''::.:TI£;. 3. I.'� OP.��R TC f.'�:.P TH£ HO":�OF�tiERS MAI'::RIti THE B�:':.r:':,F.�' 0.'; TH£ S_,•.""i' SID£ OF TN.E PR?P'JS£D 76:H AVE. � TNF FE:ITIO::�F' k'� L,L �D.'� �:'P.:'�.T G�::":..=' Iti TN.£ FEti�ES OF LOTS S�:.'�F OF 76:"X A:'E, T1:A� .riPr lL,ar,:,:':' FE::=E: . 4. A�L STRJC:.'RE5 IICCLUDII�G EXISTi tiG HOL'S£ 0.': IA:' 4 T^ BF P.EM�:'EL �:I: fi TH£ D£:'£ZAP!�!E:::'. � 5. PE: ITIJ:�£R TG PR��': DE 200 FT. SCA :E' PLA:' DF.nh':!:,; FGF. RECGPD:.': � P�'RF,�� ES . E. P£T:: iD�E'R TD WOR}: O:.'�' A: ArPA.✓: E.'� D�n:!iR;,E' F�.Tt: iti� Tr.: E'� �I:�'Fr�..,�: STnr` . 7. P£='I � IOti ER ii I LL FiT �'EN.PT TG SAL['hGS %� A!Fi:: Y TP.£ES AS PU.:S. E:,E I.': CO.'�.: ;,'i� �: I0lti ii.'TH OPIti I0:'S O' C: TY STAfF. UP�.': A VOIC£ I�OT£, ALL VOTI:�G AYE, CHAIRWJM,�.': SCNti�BcL DECLAF.E� THE N,�:': �': CARTIED UICAti'IMDUS.'.Y. Ms. Schnabel stated this would go to City Gouncil on Oct. 21. 3. PUBLIC HEARIWG: CO��SIDE Oh OF A PRELIMINARY PLAT, P.S. #�85-05, MIJ�.��' _�,��.� . � . e�ng a rep at o e out eas quarter, except the t�ortfi 233 feet Of thc� Northeast quarter of Section 3, 30, R-24, Generally located betweer, Hickory Street and Main Street, No h of 81st Avenue N.E., all of which, except the North 670.00 feet thereo to be used as a site for a truck trar�sfer terr�,i nal faci 1 i ty. !' r � � �' `� � �` a ` � � � �` �` �� ,.4 7� ' . w\�' �'I►F'� :� e� � � •r�� Ir �1 � r ` � / `t •� ''�.�K ,G4' tt� V"' .. � \ • Z ; . , � _ .`�� ,t . �,i 0 s 4 ,,, 1 : � � �. S � . il.. ;• �"� :'� ' � u ",e 't � '� �� ' �� , �� . + � f��M,'� . w � Q\ � •`�� "� � � 't "''� � o i ,�„`�' � ` � � "� ti�'' �'�''� ' ��w P t� �• b�� ,.•. i ,f. I� •. � �s� . 'r�` M '� �,;,,, r '�` _. ` r • . 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'� '� 7356 �� ,' ., vs� 1 l5 � � � � � � : . � I �� 3 l�.a�►it �. f� �, �c«.✓f cw� r.w_ j, - ( �r ` � � lr�wv r �d� - i {: � � Z' `�1l� � �/ �r � � � S�P�� .•°`-�� . -" ',�.S. #85-04 N'('� �"`' „r 3� / 0 Ri ver Estates GOV ,, f'`'�..�'" e ,q Peterson � .f .��' / � '� i /' �� F w /� ^ • Y� i �. t � �j , "� t � \� i, �r , �` L ��r� � /� =, / y � +y '� � ,, , .�--• 1 t�, ' , •, � � ? � �l �� ` t— � , i .� t � 1H � : t � � .�;�. � . � /� � , ��, � : I..,,�� , � � •�� ' ' ,� . •' � � :% i � . L � . > t A : -r ' � r � � �� i � � ` ' • �t �'. �•,� • � �K � � • � `��\ � � ' S g �� • ��i �' � � i a' 1 W� 1 }`''i -j �� "' Y z ' `1 � . �' Y� { ��` w.�� - � � � �' � : � � � . ' � '� � / —� C� v-y � .� , `* J � � 1, \ \ ,�K'► .� .��` � d W y � �� t � �--r f? F \ , � � � � F� � �� , , � 1L , r , � Z � 7 • , ,r� w� •` � } � ., '.. J � `` 1 • '�- � � •� ��•.� � � ,. i Y • 7 W w 1.. • ir Q ' � ;t' Q °. t� ' d � � -.� ;: � �'. � � `. ..� , � ��y "' \ � � � �� _� �.i� :' • � � ' -* `. � ± - / � `= � , , • •� , � � � � -- Y " �" Q ,�� ' f �� - , � � � �`� � . � � � r , • ;. \ �—<��r� ' � ' 4 �� v V• t � �' , F� i `! ` ( Y . j � .— + i : � t �., . � t � � �� i �� .' f , ` � -�i J� e �"'Y` � � ,i . . � r , �^� � V � '�. �� ''' /�` � �-�' J � ,. �t�,,.-. ,� � �,�•.�i ' � � �} 1� ' �� v' � � � �� ,�,� �a�.• � � � �� --� � � — - - - "' - — — y ' f �-„ � �-- —Q — — �:�---- � -- � �' � � � � �. �. ,� ..�� - ,, �;, � y ��-�_, n �_._.�_,_� -i.-+�r:�']�•u c"!-'•i,�--., i�t``� 2 CITY OF FRIDLEY MEMORANDUM 0 T0: John Flora, Director �f Public Works FROM: Leon Madsen, City Assessor SUBJECT: Midwest Plat DATE: October 16, 1985 It has come to my attention that the name of the proposed plat by Mar-Len, Inc. located in SE4 of NE; of Section 3, is to be Midwest Addition. Please be aware of a plat that already has that name, located in the NW'-4 and NE4 of the NE; of Section 27. I think, Lo avoid future confusion, that this new plat be renamed. � _ . G, l� ;' 2A PLANNINE COMMISSION MEETI��G, SEPTEMBER 11, 1985 PAGE 8 Mr. Ro 'nson stated that if the property owners on the south were willino to maintain the boulevard, perhaps the developer would be willing to install gates for those property owners who have back yard fences. Another pro rty owner on 75th Way with property abutting the boulevard stated he wou d be willing to maintain the boulevard. He stated he does have a fence in his ack yard. Ms. Schnabel sta d they realize it is difficult for people who have lived in a neighborhood fo long time to see a piece of property that is vacant g�, but they also know at land is very valuable; that they have decreased amounts of land available in ridley for development. It certainly app��ed that in terms of a•plat, it wa a reasonable plat and that the developer has made every effort to meet al code requirements. From that standpoint, the Planninq Commission could not rej t the plat, She thought it could be a nice area for the neighborhood. She fe confident that the homes would be of substantial quality, and she could not ind any real negatives, other than the existing house on Lot 4, She felt st ngly that the house should be removed. M.OTI^�."� B}' MP.. M.I!�"l0!�', SECOI�'DED }' M.R. KDI�DRICF:� TO RE_^D!.`A!£tiP T� CI:S' CDi'.'�CIL APPR:':'nL OF PRrLIM.?!�'AR}' PLAT� P. ±�85-09� OA}' RIVER £S:'I+'.°£�, Bl' DOC'G PE.TiRS�.•:� B£I'�� A Ri'PLA."' OF LOTS 40 AICD 41, E:'IS£D AC'^_.TGR'S S!'F�I:'IF.O.': .";✓. 77, A':'_'t:h CO,'�: }', MI'C.�£5�:'�, EXCrPT THA�' PnA.. REPL.�?T£D �+5 AIEKF.':': A�D: ^'I^'. , TNF. 5:,.�":: BEI::.� 7500 EAST R:V£P. RDAD, WITH TH FOL',Ok'I.':G S:".'P:;y:+TIO'�S: 1. RDAD EFS£N•£:�:' 0:'EP TN.£ SD:.'TH c: COR':EP OF 75(,�� ALD£.'� h'n}' T_^ R£ GR:�;:'£� TO TFi£ CIT�' PP.IOF. TO .';A:. P:.�i"' APPP�''.'R�. 7. P£T3.-IOICER A�REE TO 155rS5�!£!'::'J FOP A�L STRE£: A':D L'TI:ITIES. 3. I'�' OA.DER 7'O HE:..P TXE NON.�OF�'�RS I.'::Aiti THE E✓:':.EVnf?D Of: TN£ SJ"=':. SID_`' OF Tl.'£ PR�POSED 76TH A:'E., T rE:ITIG::Fk k'ILL �O.':S�'A.;'�T G�::'::' I.ti' THE FEtiCES OF LOTS 50:.': Fi OF 76:' . A:'E. TNA:" AP.E AL.r�£r. i' FE:: =£: . 4. A�L STRUCTC'R.z.'S ItiCLUDIhG £XISTING X„ '�E D.': LO.T 4 TD BE A.EMGI'.r.✓ t•:?: f' TNE DE:'£LOP"'£tiT. 5. PE:ITIO:�£R TD PROZ'IDE 200 FT, SCA:.E' PL "' DRf,h:,'�� FOR P.EC�P.D: :" PURPD�ES. • 6, pE-'.':IOR'EFc TO WORF: OL'T A: APPRD'.E'D DRA_'l� F' PL�i.': WITh' E!d�::tiErr'.:.':'� S. A �'F . 7. P£:''ITIOti£R itiILL A7TEN.P:' T✓ SAL!'F�G=' ��' N.Fi��Y .�ES eri5 PDS=IBLE :.': CO�JL'NCTIDI: WITH OPIAIO:'S O� CIT�' STAFF. UP.'�,.: A VOIC£ VOTE, ALL VOTIhG AYE, CNAIRWJ!�!T,ti SCN.:.'�,BEL D LARE� TNE M�•�: �': CAR�I£D UICA'� IMDUSLY. Ms. Schnabel stated this would go to City Council on Oct. 21. 3. PUBLIC HEARING: CONSIDERATION OF A PRELIMINaRY PLAT, P.S. #�85-05, MIDk'�S? I ION, Y eing a rep at o e�out east quarter, except the North 233 feet of the Northeast quarter of Section 3, T-30, R-24. Generally located betweer. Hickory Street and Main Street, North of Slst Avenue N.E., all of wh;ch, except the North 670.00 feet thereof, to be used as a site for a truc� transfer Lerr�inal facility. 2B PLANNIN� COMMISSION MEETING, SEPTEMBER 11, 1985 PAGE 9 MOi; C!; Bl' l4R. MIVTOh , SECOhDED BY MR. WELLAti , Tb OPE!� THE PUBLIC NEARIltiu 0`: P.S. M&5-05. UPOh A VDIC£ VOT£, ALL VOTIhG AYE, CHAIRWOP!Ati SCHNABEL DECLARED TXE P::'BLIC NEARa'ICG OP£�' AT 9:41 P.M. M;. R;,binson stated this property was located to the north of 81st, bounded by Main St. on the east and Hickory on the west. The �roperty was zoned M-2, h eavy industrial, and it was surrounded by heavy industrial zoned land. Mr. Robinson stated the plat called for dividing the pro�erty into three lots, a large lot on the south of approximately 16.8 acres� and two additional lots on the north of approximately 6.1 acres each. Mr. Rob�nson stated that along with the public hearing, the City Council has asked that the Planning Commission discuss the nature of this proposal. Mr. Vanas�e of Mar-Len Developr�ent Corp, has ex�ressed an interest in buildinq a trucktransfer terr�inal f�cility at this location. The truckinq ca�oany would be �.r�.P. FreicPub Systerrs., wh�ch was presently located at 35W and Coun�v Road C, east of 35W. They are Moving due to limited space at the existinQ facility. Mr, Robinson stated there would be approxir�ately 48,00� so, ft, of un;ns��lated warehouse space ►•rith off;ces in the front. The wa►'ehouse would be Pbout 550 ft, long and intluded 100 bays for trucks. There �rould be about 140 e^�ployees with an anticipated payroll of 55 m;llion, The �roject itself was estir��ated to have a market value of S2.6 m�llion and would involve 5117,000 in tax dollars per year. Mr. Robinson stated the general description of the fa�.:�lity w�s an over-the- road consumer drygoods truck transfer facility. Bett�een 20-30 ten-ton trucks per day would drop off goods at the site� and then there would be approxir.ately 60-70 lesser weight trucks that would transfer the goods to local businesses. So, they are talking about approximately 90 ser:i-tractor trailers per day in and �ut of the site. Mr. Robinson stated Staff would recor�mend the follow�ng stipulations: 1. Petition�rs agree to drainage and road im�rover�ent assessment of 5292,000 m�nimum, 2. Petitioners agree to work w'.th staff to accomplish an acceptable facade plan. 3. Petitioners agree to work with staff to accor�plish an acceptable landscape plan. • 4. A park fee for an a�ount equal to .023 X total square footage of plat to be paid upon approval. 5. Company agrees to n�t allow any truck traff�c on East Ri��er p02�1, Appropriate zxit signs will be installed directing �rucks t� � University Avenue. 6. Exterior lighting will not cast light beyond the fence per�r�eter. 2C PLA'V��I,�; COMr�1S5JOh MEETIr�G, SEPTEMBER 11, 1985 PAGE 10 Mr. Robinson stat�d there were some soil correction problems on the site with an estir�ated cost of �150,000. Ms. Schnabel asked if this project had to be approved by the Rice Creek Water- shed District because of the wetlands area and North Park being adjacent. Mr. Robinson stated it did not; however, the Citv's standards were exactly equal to the Rice Creek Watershed District's standards. Mr. Vanasse, the owner of Mar-Len Development, stated Mr. Bill Pink, the archi- tect designing the project, and Mr. Ed Michaels, Regional Manager for A..N.R. Garrett, were also at the meeting. He stated he would like Biil Pink to address the arch�t�ctur�l plan, and he would like to speak later about the stipulations. Mr. Pink showed the Comr^issionLrs the architectural plan. He stated he had presented the plans to the City Council to get their ini�ial reaction to the project, and there was some concern on the part of the City Council about what a truck terminal operation would do to the neiqhborhood. He 5tated th',s pro�erty is zoned M-2 heavy industrtal, and there is almost nOthinq hannening in the neighborhood at this point, so the�r impact was on adjacent uni�proved land, The City's concern was what would it do to future use. Again, be�nq industrial zoning, they feel this operation is in compliance with the rules and regulations. The oDeration is a 24-hour operation, but it is one of the cleanest truck o�era- tions in the Twin Cities. The buildinq was only 60 ft. wide and functions by taking the products out of one truck and putt�ng then into another truck--the main reason why the build�ng was so long and narrow. Mr. Rink stated the site w;ll be enclosed by a screened fence and berr,ed w=th adpquate landscaping whfch w;ll make the b��ildina ooerat�on invis�ble to sur- rounding roads and properties. So, there was some question in their min� over the requirement for the building facade. . Mr. Pink stated the costs concerning improvement of 81st Ave. are a qreat concern. The City was to have built a 9-ton road, and they are requesting a 10-ton road. At this t�me, the 9-ton doesn't even work and Zt would have to be repa�red, so they are waiting for the City's response about the road. Mr. Pink stated some of the stipulations worded to h;r^ were stronger than those stated at the meeting by Mr. Robinson� and he would like to have those resolved. One stipulation was the landscaping and the other was the lighting. The stipu- lation given to h��: was that the lights be installed on 30 ft, poles, an�} the stipulation stated at the meeting was "exterior lighting w�ll not cast liqht beyond the fence perimeter". If the requirement was to cut the lighiinq off at the property line and eliminate the 30 ft, pole reau�rement, then there was no problem, but limiting them to 30 ft, poles was a niqhtmare. Mr. Pink explained the drainage plan to the Corr��ssion, stat�ng that a larg� ponding area was proposed for the east end of the s�te. Mr. Wellan expressed concern about the environmental ir�pact on the dra;na?e system from oil 5pi115, etc. � PLANNING COMMISSION MEETING, SEPTEMBER 11, 1985 PAGE 11 Mr. Pink stated this was addressed in their drainage plan. At the five control points, there will be weirs and separators for run-off that comes from the property. Those separators are in compliance with Rice Creek Watershed District standards and are approved by the Fire Marshall� so the drainage should be very well controlled. Mr. Wellan asked Mr. Vanasse if he w�uld be able to control all of his truckers to take University Ave, to 81st Ave. Mr. Vanasse stated he wanted to point out that a majority of the trucks are not ten-ton trucks. The only ten-ton trucks are the ones ti�at come from over-the- road. All of the city trucks are nine-ton trucks, and those trucks are the majority. �The only trucks they need to be concerned about are the over-the- road trucks, and they will come down University to 81st. These trucks do not go anywhere but to the terminal and then back out on the road. Mr. Rob�nson stated he wanted to make it clear that the intention was not to just deal with the nine and ten-ton difference, but that all the trucks use Slst and University unless there is a delivery to a company in the area. The City does not want truck traffit on any of the other roads. Mr. Michaels stated that was their intent. Mr. Vanasse stated he would like to address a couple of stipulations. He stated that in stipulation #1 there was a drainage and road improver�ent assessment of $292,000 r�inimum. When the seller of the property, Mi�iwest Federal, offered to sell the property� they stipulated that the City had a nine-ton graded road in front of the proDerty. In meetings with staff, it was his understanding that the petitioners would be responsible for the incremental difference in the cost of upgrading the road from nine-to� to ten-ton to accor�odate the over-the-road trucks and line•trucks that will come in from out of �tate. He had no idea that �2�2,000 resembled that incremental difference. He stated they are certainly a�illing to pay their appropriate share, but he did not think they were in any position at this meeting to consider a 5292,000 assessment against 16-17 acres. He felt this should be up to the assessor, the city, and the lawyers to dec:de. He stated he even questioned whether 81st Ave, was even a nine=ton road. Ms. Schnabel suggested that they delete the dollar ar�ount in stipulat�on #1. Mr. Vanasse stated that stipulation �5 regarding the fact that the Company agrees to not allow truck traffic on East River Road seemed to imply that A.N.R.Garrett would be responsibie for policing that, and he did not think they could agree to that either. They would certainly make their best effort to instruct their drivers not to drive in other areas and would post appropriate signs. •Ms. Schnabel stated she was still a little concerned about what happens with ali the water, the underground waters, and drainage off the asphalt, etc. Ms, Gabel stated she wondered if the Parks 8 Recreation Corr�nission shouldn'� be reviewing this proposal in terms of North Park. Maybe they should have ar. 2E PLI1NfrING CON1�'r'ISSION MEETING� SEPTEMBER 11 � 1985 PAGE 12 environmental impact study done in terms of the number of trucks, air pollution, noise pollution, traffic, and the impact on the general �nvironment. Maybe Community Development Comnission should also be looking at this pronosal. They are looking at something that is totally new to this area, and they are talking about putting a minimum of 90 trucks out on University plus many employees. In talking about the water, her biggest concern was North Park and the impact this facility might have �n North Park. Sfie was not comfortable not knowing these impacts. Mr. Vanasse stated all the water from their property will eventually drain into the existing drainage system and none of it will go onto parkland. A run-off engineering plan has been done, and all the water is controlled and is exitina either through an existing storm sewer to the river or it goes to the existinQ drainage easement which also goes to the river. The�e are pollution control basins wherever the water exits and also a volume control weir. None of their water goes anywhere except through the systen of pollution control and on to the river. They do not have any ir�pact as far as water any more than there is right now. They �re, in fact, providing a control system that says the water will not drain off the property any faster than it does now and will go throuoh a catch basin system that will purify it and control the rate it runs off, Mr. Vanasse stated that traffic-wise, he has yet to see more than two trucks at the truck terminal at any given time, and he is there everv dav. These trucks are distributed over a 24-hour period. Most of the traffic is during off-peak hours. They will not see peak-hour traffic coming in and out of truck terminals. M1•. Ed Michaels stated that most of the over-the-road units come in between 9 r.m, and 6 a.m. Mr. Kondrick stated he agreed w�th I�s. Gabel, but his greatest concern was about the water. If he could be assured that the water dr•ainage ��ould be controlled adequately, he would be coMfortable with that. But, as he did not know enough about it, he would like to see an environmental worksheet done. Mr. Yanasse stated the water drain�ge will be controlled adequately, and they have done an engineering study and engineeri�,g drainage plan that says that. Ne stated the City should have a copy of the study and the plan. Mr. Pink stated that by city code or Rice Creek Watershed District code or anybody, the final requirement is that the water cannot leave the site any faster than the existing condition, so the run-off will be controlled by a control structure. Because of berms around the property, they essentially have a dike, so he did not understand the Cor�mission's worry about run-off. If they are concerned about underground flow, they would not be affecting the under- ground flow because they are working on the surface. Mr. Kondrick stated he would be satisfied with a stipulation that there �e an approved drainage plan by the city. Mr. Minton stated noise, air pollution, and traffic were broader probler�:s that went beyond this particular project. u PLA��NI►1G COM!�ISSIOr; MEETING, SEPTEM6ER 11 , 1985 PAGE 13 Ms. Schnabel stated that because the project is in an industrial area, the impact of noise, air pollution and traffic is not as great. PJOTID� B}' MR. KOA'DRICK, SECONDED B�' NR. SAEA, TO C�SE THE PUBLIC HEAR: `.;,. UPO.ti A VDICE VOTE, ALL VOTING AYE, CXAIRWD!�!A.'� SCNtiABEL DECLARED TNE P:'BLIC XEARING CIASED AT 11:12 P.M. MOTIO!� BY MA.. KOhDRICF, SECOA'DED Bl' MR. SABA, T�0 RECOMMEND TC` CIT�" COf'.':C*I. APPR� t'AL OF PP.�LIMIhAR.' PLAT, P.S. M8�-O5, MIDKEST ADDITION, B}' LEOR'F.RP H. VAl:hSSE, B£I.':G A PLA:' OF TNE SDUTNEAST Q�'ARTEF, EXCEPT TXF hOF.TN ?33 FEET OF THE t� OR TNEFi` :' 'y�:: AR: ER O r SECT I Dti 3� T- 30 � R-29 . GE'ti EFA' LY LOCA"'EP BF. :'h'F. E.': Ha'CK✓Rl' STREE:' AYL� MAI.': STREFT� NORTti OF E:ST Al'Eti.'P N.E. � ALL OF hnilCN� EXc'£PT TfiE NDA.iN 670.00 FEET TXER£Or� TO BE USF.P AS A SITE FDA. A TR:'�1: TFA�'SFER T£RMIti'n� FACI�IT}', WI:'?? THE FGL�h'IM1G STIPCI.ATIO:�S: 1. PETi 1 10:1'EA.S AGR££ TC DRn: NA:�E A�D RO.�+D IMPR..�I'E'ME:t ^' ASSrS.�."!�!F!1':'. ?. PETI?'IONEFiS AGREE TD WORJ1 kITN S:*AFF TD ACCD'!t^LI�f? A.': A�CEi "'.�+�Lr I.�;ti'DS�AFE PZJ,:�. 3. PETiT:G'�£RS AvRE£ TL h'�P.1' WITu S:A?"F T17 AC�O.NFLIS'.' Ati' A�:,EF:'�B:.F. FAC:sL'r PLI..':. 4. A PAA. ±' F£ r FCF. A'� Aw�'.'.'� �£,�, :':, � TC . 02 3 X:'O'h � S; .'I+R � F00?'AG£ OF PLI,:'' T'J BF P�,IP CPO.': nF-rRJVAL. S. CD"!� n.': }' A"P.EFS TO A:�: A:.L'JM' A.4'Y TRi'�K TFAfFI �� £X� rP7' TO CLIE:tiT: � O.'; £Fti :' RIYE'F' A.�n� . 1►FFP.JPF.IAT£ E.�'IT S.'Gt:; Kl:.� B� I':: :�:.LF: DIR.'':?i.`'. TP.:'�F'c Tp �r�;I•,•roc:Tl' A:'E.':,'F.. (�1"'!' A"':'JR"£}' 7C� DRi,r:' i, DEl'E':,�PN!F..ti" ,r,';rrrur�,. ._ BE R£�OR:�ED A? TFF, COC.4'T)' FJP TNE E'::'uF�F- N.E'.': _ �?_' TH: c R�; :'F.i �:: J': .� r. EJt'T£Ri?F LIGu:'.::C', W: r._. 1►�. C.�S; A LIGN.:' BP}'O.':I� Tf.': FF.' �E PEF:I".'r'F.i•'. 7. TNER£ W: L:. BE A!: �'.PPRD:'E^ DRnI.'CA;,£ PL4.'� B}' :'fiF CIT}'. C'P..1.': A l'�ICr V.^T£� 5�:??.':nB£L� Y.OtiJn^ICF'� SABn� WE'L�.': � N.�.":T,^.!�' VJTItiG A�'E� GAbE'L l':�:'.'.�': �n�'� CI:.�:Ri+'OA.'A.': S�X :'ABE�. DFCiAP.EL' TXE M�:'IO.ti' CFiRP.IED B}' A VOTE OF �-: . Ms. Schnabel stated this item would go to City Co;:ncil on Oct. 21. 4. RECEIVE AUGl75�T 1, 1985, HUM.Ah RESOURCES COMMISSIO�+ "'!IN',!TES: —� MJ":O.': B!' MF.. M.i.� ti� S£.:OAD£D B:' M� . GA5£_ � Tv^ R£�El :'£ T!?E' AUG:.'S:' 1� 19E �� X.'M,;:; F2E6J�'RCE� CO. =SID`; MII:_'TES. UPO:� A l'DIC£ VCTE, ALL '"Iti„ AYE, CHAIP.h'�M:,.': SCN.':.r,AE'� DECLFiP.ED THE "'G:". J.': CARFi£D L"tiA.':IMJ�'S�,�'. 5. RECEIVE AUGUST 13, 1985, APPE COM""ISSIOt; MINUTES: •J�10TIO�B1' MS. GABEZ, SECO:tiDED BY M.A.. APPEn��' COMMISSIOti N.I::;;�ES. UPO.'; A VDIC£ VDa£, A:.L VOTIhG AY£, CH.r,I CARR� £D U.'tin:C: AS;�:TSii'. h, TG RECEIVE TXE AUGUST 13, 19E�, ' SCN..':.r,B� : DECLAP.ED THr X��I�J': zF - - - -.1 T_ � _; � �^� � •/�'1, � �4�`' ( � .� j � � e ^3 �� ` �F' �'J. �I�J- %--~ • _�-: ` � �,. � .� , '� �i � r..� f"` I�id�iest_Ac�i . �.: �.�� 1 -' �' - ' , �� ••>� � �..; � � Le�ondr� ��rja . �' ,'' -` I.�: •-�..� r `• ' 1 � `�''''C , � ? �-.� �"3 . � C° `'� ,' � + � �� .,.; ,, • � � �. 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" fe.11 . . y - - . . fLrlr'-�•...� . . �L/PrJr _ _ . . E. 1� CORIYER ' SEC. � � ? � : ��-�.� N� 7' � ''h , �� f-f! Rir f!y �� 1. r r� .�irl -h{!-/ A�. ��i�-�f ' i � � . s R.~. 1 �r,ra _�r �� so ,� �119 S� �lrv 7•f � I�/D•.I. �{T-dJ / !- 2H � L�CATION MAF ?UBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday. October 21, 1985�n the Council Chamber at 7:30 p.m. for the purpose of. • Consideration of changes to Chapter 205 of the Fridley City Code, Zoning, and changes to Chapter 6 of the Fridley City Code, Commissions. 0 Any and all persons desiring to be heard shall be giveri an opportunity at' the above stated time and place. WILLIAM J. NEE MAYOR Publish: October 7, 1985 October 14, 1985 3 o�n�cE No. — AN ORDINAN� RF�DIFYING �E FR�ILEY QTY �UE BY AIYII�IDING CfIAPrER 205 II�I�ID "ZCNING" SDCTTC�I 205.05 'IIiE QTY QOUNC�L OF �iE QTY OF FRII�I,EY DOES OFd1AIN AS FC[�I,QaS: 205.05 ADMII�IISZRATIO[�1 At�ID F3�'0� G. Lapse of Varianoe by Non-use. //If within one (1) year after granting a variance, the recipient of the varianoe has not c�nenoed the work as peanitted by the variance.// If work as p�rmitted by a variance 1G nt�±' c�mtnpnr� �ui th�n nnP y�r and comnleted Wlthlri t� years �ter g n ing of a variance, then the variance shall become null and void unless a petition for extension of time in which to ocanglete the work has been granted by the City �uncil. Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original variance. Zhe request f or extension sh all state facts shawing a good faith attenpt to complete the work permitted in the variance. Such petition shall be presented to the appropriate body for review anc�/or decision. P1A.SSID AI�ID ADOFrID BY 7�E QTY �[JNCLL OF ZI3E QTY OF FRIDLEY TH IS DAY OF , 1985 WILLIAM J. NEE — Ng1Y0R A7.'I�'.ST: RIQ3ARD D. PRIBYIrACTING QTY CLERK Public He ring: First Rea�ng: Sec�ond Reading: Publication: 3A . •.. � • . . • •�. � • • • y��,� � ►: • n; � •�... � � �. � �: � � a�• . a � �+� •�. i t • as� �� . � 7�iE QTY OOUNC7L OF �3E QTY OF F'R—'��F''r DOES Oi�AIN AS ECH,I,CWS: 6.07. APPEALS dONIl�IISSI�T 9. Lapse of Varianoe by Norruse. //Whenever within one (1) year after granting a variance, the recipient of the variance shall not have ooangleted the work as permitted by the variance.// �. �rk as �rniitted by a variance is not c�menced witY�n one year and co�roleted �vithin two years after gran ' g of a variancP, then such variance shall bec�ne null and voia unless a petition for extension of time in which to c�omplete the work has been granted by the v�mmission. Such extension shall be requested in writing and filed with the City Manager at least twenty (20) days before the expiration of the original variance. �e request for extension shall state facts shawing a good faith attenpt to complete the work permitted in the variance. S�ch petiti0n shall be presented to the Appeals Commission for hearing and decision in the same manner as the original request for varianoe. PASSID AAID ADOFrID BY �iE QTY �I7NCIL OF' 'IHE QTY OF FRIDLEY TH IS DAY OF , 1985 WILLIAM J. NEE - MAYOR AZ'I'FST: RIQ�iARD D. PRIBYIrACTIlVG QTY CZERK Public Nearing: First Reaciing: Seoond Reading: Publication: 4 OEiD7NANCE N0. - 1985 AN ORDINANCE TO AMEND THE CI�Y CODE OF THE CITY OF FRIDLEY, MIIaiI��dPA, BY MARING A QiANGE IN ZCINING DISTRICl'S The Council of the City of Fridley does ordian as follows: SDCTION 1. SECrIOI�I 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. The tract or area withirr the County of Anoka and the City of Fridley and described as: Lots lA, 1B, 2 and 3, Block 1, Iwen Terrace, lying in the South half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District knawn as R-2 (two family dwelling). SDCPIQ�i 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned fram Zoned District R-1 (one family dwelling) to R-2 (two family dwelli.ng). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985. WILLIAM J. NEE - MAYOR ATTFST: SIDNEY C. ID]M1�N - CITY (ZERK Public Hearing: First Reading: Second Reading: Publish: September 23, 1985 October 7, 1985 KENT ROESSLER, ZOA #85-02 5 • •�� • • • AN ORUINANCE RDO�DIFYING 'giE FRIDLEY CITX �DE BY AI�II�IDING C�IAFI'IIt 205 FNTITLID "ZCNIl�]G" SECTION 205.05 glE GITY (JOUNGZL UF ZHE CITY OF FRIIaLEY DOES OR�AIN AS F'OLI�Q�IS: 205.05 AI)MINIS73tATIQt�I ArID II��O�'•NT G. Lapse of Variance by Norruse. /jIf within one (1) year after granting a vari�_nce, the recipient of- the variance has not oorcunenced the work as permitted by the varianoe.// If� �wo years after qrantinq, of a variance, then the variance shall become null ar,ci voio unless a petition for extension of time in which to oanglete the work has been grar:ted by the City Council. S�ach extension shall be re5uested in writing ano filed with the City at least twenty (20) days before the expiration of the original variance. Zhe tequest for extension shall state fucts showing a good fuith att�npt to complete the work permitted in the v«riance. Such petition shall be presenteci ta the a�propriate boay for review Qnc�/or 6ecision. PASSID AI�ID ADOF''i'ID BY �IE QTY �UNQL OF TI-'E CITY OF FkIDLEY Tfi IS UAY GF , 1985 WIIILIAI�1 J. NEE - I�YCR F�'I'l'E'.S 1 I RI(�iAFtD D. PRIBYL-ACTING QTY CZERK Public Hearing: First Reacu.ng: �eoond Reading: Fubl ication: � � u e . •.. � � . . AN ORDINANC£ RE�DIFYING 'giE FRIIaLEY CITY OODE BY AI+Q�IDTNG (�IAPrER 6 FNrITLID "00�'II�IISIONS" SECT70N 6.07. �iE CITY QOCINCIL OF �fiE QTY OF FRIDLEY DOF� OFd�1Il�i AS FOLI�Q^�S: 6.07. APP�.ALS OONII�iLSS70N 9. Iapse of Variance by Non-u9e. f/Wher�ever within one (1) year after granting a variance, the recipient of the variance shall not have oomgleted the work as permitten by the variance.// �. ��_�nn�tte�; by a variance is n�t Co[tmer�Ced Within one year and com�leted �� thin tc,� years after grantina of a var� ancp, then such variance shall beoome null and voici unless a petition for extension of time in which to �anglete the work has been granted by the oommission. Such extension shGll be requesteci in writing and f iled with the City Manager at least twenty ( 20) days bef ore the expiration of the original variance. Zile request for extension shall state facts shawing a good faith attempt to complete the work permitted in the variGnce. Such petition shall be presented to the Appeals Commission for hearir_g and decision in the same maruyer as the original request for variance. PASSID AI�ID ADOFrID BY R�IE QTY �INCIL (�' �iE QTY OF FRIDLEY THTS D�AY OF , 1985 WILLIAM J. NEE - t�YOR A'I'I�'.ST; RIQ�iARD D. PRIBYIrACTING QTY CT.ERI� Public Hearing: First Reading: Second Reaning: Publication: 7 :] CITY OF FRIDLEY PlAti��I1JG CONp1?SSION MEETING, OCTOBER 9, 1985 CALL TO ORDER: Chairwoman Schnabel called the October 9, 1985, Planning Comnission r�eetinq to order at 7:35 p.m. ROLL EALL: Merhbers Present: Ms. Schna�el, Ms. Gabel, Mr. Minton, Mr. K�ndrick, Mr. Wellan, Mr. Saba Mer�bers Absent: Mr. Oquist Oti�ers Present: Jim Robinson, Planning Coordinator Jerry Unglaub� 6425 AshLon Ave. N.E. Harold Unglaub. 830 W. Moore Lake Drive APPROVAI. OF SEPTEMBER 25, 1985, PLAN��I��G COMMISSIOW MINUTES: MO:"ION BY 1NR. MINTON, SECONDED BY MR. SABA, TO APPROVE THE SEPT. 25, 1985, PLANNING COIlMISSION MINU'_"ES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR(�OMAN SCXNABEL DECLARED THE MOTIDN CARRIED UNANIMOUSLY. 1. CONSIDERATIONrbF A SPECIAL USE PERMIT, SP #85-11, BY JERRY UNf,LAUB: er ec ion .., , o e rt ey � y o e, o a ow t e con5truction of a second accessory building, a 24 ft, bv 32 ft, utility shed on Lots 11 and 12, Block 13, Fridley Park, the same being 6425 Asf�ton Avenue N.E. MO^ION BY HR. SABA, SECONDED BY MS. GABEL, TO OPEN TXE PUBLIC HEARIIJG ON SP �85-11. C►P�N A VOICE VOTE, ALL VOTING AYE, CHAIR[IOMAN SCHA'ABEL DECLARED Tfd£ PUBLIC XEARING OPEN AT 7:37 P.M. Mr. Robinson stated this prooerty was locate�i just west of the tracks on Ashton Ave, and north of 64th Way. It was zoned single family and was surrounded by other single family. The special use permit was for a second accessory building, 24 ft. by 32 ft., located to the rear of the lot towar�s the tracks. The proposal was for 3 ft, setbacks off the rear and side lot lines ►rhich does meet code, The petitioner is proposing to bui,ld without a verifyin� survev which he can do with a letter from the adjoining property owner. An agreement from Arnold Kastanek, the owner of the property at 6435 Ashton Ave., was included in the agenda stating that Mr. Kastanek had no object�on to the con- struction of the utility shed. Mr. Robinson stated staff had no stipulations other than thE building was not to be used for motor vehicles that would require a driveway as there was no room for a driveway. 0 �.�� PLANNING COMt1ISSI0N MEETING, OCTOBER 9, 1985 PAGE 2 Mr. Jerry Unglaub stated he wanted the building for storage of boat, wood, truck tooper, lawn r�ower, etc. He stated he only has a single car garaqe and in the three years he has lived in this home, he has been unable to use his present garage for anything but storage. The new building will help him clean up his yard, and he absolutely had no intention of parking motor vehicles in it. MOTION BY MR. KONDRICK, SECONDED BY MR. WELLAIU, TD CLOISE THE PUBLIC H�ARING ON SP 1/85-I1. UPON A VOICE VOTE, ALL VOTI'7G AYl'� CAAIA.�JGMAN SCHNABEL DECLARED THE PUBLIC dEARING CLOSED AT 7:47 p,N. MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO FECOMMEND TO CITY CDIINCIL TNE APPROVAL OF SPF.CIAL USF. PERMIT, SP �85-21, BY JERRY UNGLAUi3, PF.R SECTION 205.07.1, C, 1 OF THE FRIDLEY CITY CODE TO ALLOPI THF. CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 29 FT. BY 32 FT. UTILI_TY 5HED ON LOTS 11 AND 12, BLOCK I3, FRIDLEY PARK, THE SAME BEING 6425 ASHTON AVEP7UE N.E. UPON A VOICE VOTE, ALL VOTING AYE, CNAIRWOMAN SCNNABF,L DECLARED THF. MOTIOII CAItRIED UNANIMOUSLY. 2. RECEIVE SEPTE�I6ER 17, 1985, ENVIRONt1ENTAL OUALITY COMMISSI�t� �1INUTES: MO^'ION BY MR. WELLAN, SECONDED BY FII�. KONDRICIC, TO RECEIVE TXE SF,PT. 17, 1985, ENVIRONIlENTAL QUALITY COMMISSIDN MINUTES. Mr. Wellan stated Ms. Merriam has been tryinq to contact ��r. Beerman of Beerman Services to find out how the participation rate is in the recvcling pick-u� program. � Mr. Robinson stated they should probably invite Mr. Beerman to a E�C meeting to talk about the program. Mr. Minton stated he lived in a townhouse. He stated he and soMe of his neighbors p�t out recyclable� for pick-up last Month, but the recyclables were never picked up. When he called Mr. Beerman, he was told that recvclables were not collected from multiple units. Mr. Wellan stated they had pretty much restricted the pick-up program to single faMily residences. Mr. Minton stated that fact had not been made clear to him, and it would be nice if the recycling pick-up program included townhouses which were not the sane as apartr�ent buildings. Mr. Saba stated a centrally located pick-up spot at townhouse complexes would be a good idea. Mr. Wellan stated this was sor�ething that should be discussed with Mr. Beerman. � PLANNIt�G COMMISSION MEETING, OCTOBER 9, 1985 PAGE 3 3. Ms. S:hnabel suggested that some type of pre-printed card be developed and printed in the city newsletter that a homeowner could cut out. fill in the day and week of their pick-up, and post somewhere in their home to remind them of their pick-up day. Mr. Robinson stated something like that could be put in the city newsletter. Ms. Schnabel stated she had read that Ramsey County and Hennepin Countv and several other counties have coriposting sites. Since there still seems to be an interest in cor.�posting, she wondered if Anoka County would be willing to put a compost site somewhere centrally located where it could be shared with Frialey and Columbia Heights,for example. Mr. Wellan stated they have talked about composting in the City of Fridley man,y times. It isn't the problem of just dumping the leaves and grass clippings; it is the problem of maintenance. He stated they could discuss this with Anoka County and see if there was any interest. Mr. Robinson stated the mandatory law has passed that there will be no land filling after 1990, and 25-30� of all solid waste is grass clippings and leaves. Sonething will have to be done soon. Ms. Schnabel stated this was another good reason why thP County should get involved. OTHER BUSINESS: a. Parking Stall Size Mr. Robinson stated that as the Commission knew, about a year aqo� Unity Hospital applied for a special use permit for the expansion of their Qarkinq lot, but because of cost problems and expansion, it was delayed. When they finally got around to putting in the �arking lot, they decided to try for 9 ft, stalls with a variance rather than put in a piece of parking lot that might have to be removed at sor+�e point in time. The 9 ft. stalls would be only for employee parking. Mr. Robinson stated that as the issue moved throuc�h the Appeals Cor�mission and City Council, there were some questions about what other citles were doing regarding parking stall size. He stated the suburbs were polled, and it apQeared that Fridley and Brooklyn Park are the only two suburbs which require ten ft. stall widths. Six of the cities allow nine ft. stalls while three allow 82 ft. stalls. Several cities also allow for a qercentaqe of the total stalls to be designated as compact stalls under certain circumstances. Mr. Robinson stated that the issue of sc�aller parking stalls was discussed a few years ago and vetoed by the City Council. Some advantages to smaller stall size are less hard-surfaced area, less cost for development, and less run-off. On the other hand, it is hard to get big cars in and out of smaller stalls. n 8 � PLANNING COMMISSION MEETING, OCTOBER 9, 1985 PAGE 4 Mr. Robinson stated that in the case of Unity Nospital, he felt the variance was warranted because the 9 ft. stall width was just for the employee park- inq lot. By reducing the stall width, they are saving green space and will have a greater buffer between residential and the hospital parking lot. Mr. Robinson stated the question has now come up: Should the City be looking at 9 ft, stalls? The City Council has asked for some input from the Planning Commission. Ms. Gabel stated the reason she voted in favor of the variance to 9 ft. stall width for Unity Hosnital was because the 9 ft, stall width was for employee parking only. She felt employee parking was more stable parking. People are parking and staying at least a 4-9 hr, shift, and there are not cars coming in and out all day. Mr. Saba stated he tho��ght what made logical sense at this point was to look at the possibility of a compact car percentage like some of the other communities have done. Ms. Gabel stated Unity Nospital was not in favor of the Appeals Commisston's suggestion of setting aside spaces for compact cars. They felt there could be some problems witf� employees because of where the compact car spaces were located. Some employees with larger cars might not like it that the people with compact cars got to park closer to the building, or vice versa. Mr. Wellan stated that the cost of everything is a big concern these davs, and the City should not overburden their industry by keeping limitations such as 10 ft. parking stalls. He felt a 9 ft, stall was adequate. He felt a 10 ft. stall was a waste of space� especially in an em�loyee parking lot. Employees tend to be more careful and respectful of other people's cars than people do in a general parking lot. Ms. Gabel stated she felt the Citv has been somewhat inconsistent. Nine ft. oarking stalls were allowed by the HRA and the Citv for the Target employee parking lot in the Center City Redevelopment area. They should decide what they are going to do and do it. If 9 ft. parking stall width is the wav they want to handle it, then it should be F�andled by changing the code and not with a lot of variances. MOTION BY MR. MINTON, SECONDED BY MR. WELLAN, TO RECOMMEND TO CITY COUNCIL THAT THE ZONING ORDINANCE BE CXANGED TO STATE THAT 9 FT. PARKING STALZS BE ALLOWED FOR DESIGNATED EMPLOYEE PARKING AREAS. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMDUSLY. b. Poss�ble Development on Southwest Quadrant of Center Citv Redevelopment District Mr. Robinson stated there has been some interest from a couple of developers in the southwest corner of tf�e downtown area of the Center City Redeveloa- � PLANNINr, COM�IISSION MEETING, OCT46ER 9, 1985 PAr,E 5 ment District. Some of the things that could be developed there would require a number of special use perr�its and possible variances. Thev are quickly getting into an area of development in the city v+here they will be seeing sorne parking ra��s. The Fridley P1aza Clinic just receive�i approval for two small parking ramps. The possible development on the southwest corner r►ou]d require a parking ramp and others might be needed on the drive-in stte. Mr. Robinson stated Staff's thinking at this point is that rather than qo to the Planning Commission with numerous special use permits that they try to again utilize the S-2 District where a preliminary plan would be approved. With S-2 zoning, all changes would require formal review by the Planning Commission and City Council but would not require additional public hearings after the preliminary plan was approved with the rezoning to S-2. Mr. Robinson stated one problem was that the City only allows up to six story buildings in the City. The proposal they are looking at for the southwest corner was for a 10-story residential complex in conjunction with commercial. They are looking at a multiple story building on the drive-in site, so there are potential parking problems, lot coverage problems, and possibly other variances. Mr. Robinson stated the other thing discussed was the change to C-3 zoning in the Zoning Code to allow for areater lot coveraqe because of parkinq ramps and modifying the height restrictions so it accommodates the development. Ms. 6abe1 stated that "modifying the zoning to accomr�odate the development" was something that concerned her. That was saying--let's not let the develop- ment work within the community and the way it has developed ovPr the years. She wanted development to happen, but she did not want the developer writinq the code for the City. This particular area could very easily be over- developed. Mr. Saba stated he agreed. He €elt there was a big danqer in overdevelo�in�. Ms. Schnabel stated that the possibility of buildings over six stories should be reviewed with the Fire Department to get their reaction. Ms. Gabel stated there could be a lot of problems with a ten-story high building in this area. How close would the building be to the residential area and how high? What was the visual impact? What was the traffic impact? These were all important questions. Mr. Kondrick stated he would be in favor of a ten-story el�erly highrise in this iocation. He felt it was needed, and the southwest corner would be an excellent location. Ms. Gabel stated it made good sense to deal with the neighbors first so they know up front what is going to happen. If they just rezone the property to S-2, the ballgame is over. Then the developer can do whatever _he wants and that doesn't mean the neighbors would then have any input; w�ereas, if they rezoned it with a plan to go with it, the neighbors would have a cFiance to give their input. 8E PLANNING COMMISSION MEETING, OCTOBER 9, 1985 PAGE 6 Ms. Schnabel agreed. Once the prr�perty was rezoned to S-2� if the developer is not able to follow through with the plan they have approved, then the S-2 zoning was already there. Ms. Gabel stated when they are talking about as big a neiqhborhood as there was in this area that would be impacted, she thought the City had some responsibilities to live up to the current zoning, and they shouldn't do something that would be impactinq the entire neighborhood. There was no way she would turn her back on a whole neighborhood like that and say this development was for the good of the whole community. There was no way that it is good for the whole comnunity. If the City has the neighbor- hood's input and the neighbors are given the opportunity to speak, the City can make these things happen tn a way that is a lot more conducive to good public relations. She understood there were going to be some people who wi11 not want any change, no matter what it is. Mr. Robinson stated there were three options: (lj reZOne to S-2 with a preliminary plan; (2) change C-3 zoning to accomnodate the development; (3) leave the code the way it is now. Ms. Schnabel stated she would be against changing the zoning code on C-3 zoning. The Commissioners basically agreed that rezoninq to S-2 with a development plan was probably the best way to go. They were concerned as to who would make the judgement call to bring the plan back to the Planning Commission if there were substantial changes to that plan.• When there are substantial changes to that plan, the neighbors should definitely be involved. Mr. Robinson stated they might want to put special stipulations on the development plan which related to significant changes to the plan. ADJOURNI�IENT : MOTION BY MR. KONDRICK, SF,CONDED BY MR. SABA, T1� ADJOURN TXE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED TXE OCTOBER 9, 1985, PLANNING COMMISSION INEETING AA70URNED AT 9:05 P.M. 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N � �- � r ' � �� 621/2 ' W AY 1 ._ , Gz� �, � z�o . 6� � - : � t o, � , 10 r 'r � 'u � �*� �� , 4 - �.. ,� � ss. . _ �,, �� . — i ::-jiyG� 9D 4 � � 24 I ; � i � ._-�'.- _ -f�:,�----�- -�,�.3.. •. �2� ,, il� W �1' I �• i i.i � :! «O ,�u � 6z.oi " GT� ' ' t� `' � � a �+ � � ,: 1 ^' w "� ' "` , � � '� '� 6�'0 �v�l �;G�o •� ! � i 1 � ' , � V `I` w �� iJj � ` ~ ��I �. �/�� ,,h� � i t I 'I ' -� � � .' � i 3 � I 6 +-"3 � 5 ' r 6 75 4 q $ ., .� a pbo��: cR�paooa a•t3S� SP #85-11 8 H 6425 Ashton Avenue N.E. �' ARLEIGH C. �SiV'��laub lt.�id.�+.a �obssioaal s•a�i�: .aa I..aa sur..toz , 1621 S WaTuta BouL��d WaTsata, l�tine�aola � �., PLAT OF SURYEY . OF PROPERTY OF�Y � ? .�� LfI �'St�N �� l�// d � �, _ �Yf �1.�.;5. •- E N • ,' _ a��;�a ��o�,oWS: L of /l-��d /2 � c ct /3 � " � � .�'�iD� E`� � P�.PK � � .-�Nl t',4 �!'C��'Tj �, .�/,yiYEJCT,4 Scale: 1 inch_�Q—�eet. �`Z.� -� � � � � �J �� CERTIFICI►TE OF LOCATION OF BUILDIIQG CERTIFICATE OF =URVEY I hereby certify that � „ 29_ - T hereby certify that or �.��v� "' , 19�6 I made a survey oi the proposed location of the 1 surveyed the property descxibed above and that building on the abo�e described property and th4t tbe above plat is a correct representation of said the location oi said building is correctiy showa on wrvey. the above plat. . : : - - - _. . _ � • � , � r .r.,_, �1t ��;c.�lr ;; _' �'= , �:,}. ./; .... �o��r �� I DEVELOPMENT AGREEMENT THIS AGR£EMENT made this day of October, 1985, by and between the City of Fridley, a Municipal Corpora- tion, organized under the laws of the State of Minnesota (the City?, and SuperAmerica Stations, Inc., a Corporation under the laws of the State of Minnesota. WHEREAS, the City has received permanent road ease- ments from property owners for a proposed service road as indicated on the survey attached hereto as Exhibit A, and; WHEREAS, SuperAmerica Stations, Inc. has agreed to pa}� for the costs of the construction of the service road, and the installation of water and sewer utilities (utili- ties) and; WHEREAS, the City has agreed to undertake the con- struction of the service road and the installation of ut.ilities; NOt�', THEREFORE, the parties hereto agree as follows: 1. SuperAmerica Stations, Inc. hereby formally requests that the City undertake the installation of utilities and the construction of the proposed service road as set forth in Exhibit A and that it waives its right to a public hearing on the installation and assessment of these improvements. 2. SuperAmerica Stations, Inc. hereby agrees to pay all reasonable costs incurred for the installation of utilities and construction of the service road (costs) and hereby agrees to escrow 540,000.00 with the City to be used towards the payment of those costs. This money shall be placed in an interest bear- ing account b}� the City and the interest shall be added to the escrow funds to be used to pay for the costs. 3. In��oices for the payment of costs incurred shall be submitted to SuperAmerica Stations,. Inc. prior to payment. Money may be released from the escrow fund to pay for costs incurred ten (10) days after the invoices have been submitted to SuperAmerica Stations, Inc. If additional funds are needed to pay all of the costs incurred, SuperAmerica Stations, Inc., hereby agrees to pay those reasonable costs within ten (10) days after receipt of the invoices. 4. The City hereby agrees to begin installation of utili- ties and construction of the service road as set �, I A forth in Exhibit A as soon as possible after the 540,000.00 has been excrowed. 5. The City hereby agrees to make every reasonable effort to complete the installation of utilities and the construction of service road no later than six (6) months after the money has been escrowed. 6. It is understood and agreed between the parties that the City will supervise all aspects of the install- ation of utilities and the construction of the service road and agrees to hold SuperAmerica Stations, Inc. harmless from any damages whatsoever including attor- neys fees incurred as a resu�t of or during the in- stallation of utilities and construction of the road. 7. Upon the completion of the road, any funds remaining in escrow account after the costs have been paid, shall be returned to SuperAmerica Stations, Inc. 8. Whenever, in this Agreement, it shall be required or permitted that notice, demand or other document be given or served by either party to this Agreement to or on the other party, such notice, demand or other document shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail (return receipt request- ed). Such notice, demand or other document shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as follows: until changed by notice given as above: If to the City, at: City of Fridley 6431 University Ave. N.E. Fridley. MN 55432 If SuperAmerica Stations, Inc., at: 1240 h'. 98th Street Bloomington, MN 55431 IN WHITNESS WHEREOF, the City and SuperAmerica Sta- tions, Inc. have caused this agreement to be duly executed on the date and year first above written. City of Fridley BY - Its By — Its 0 SuperAmer' a Stations, Inc. �� By t�l� � Its v � _ ♦ • ; STATE OF MINhESOTA COUTTY OF DR�'C7 � • The foreaoing was acknowledged before me this o��^��a�• of , : , 19 � ► b}- �',�, `7Z'�.c:/1 g'h_�D and the � � DF'n and of �� _t�Fi�.,�f .:•iA 57A -'Q/�S. J'/'..t� , a C'r!�' C'RAµ � C��7 , und�r the la��s of M iL' , on behalf of the ' G� PC• �E'AY, � i"I . ��_; ...___. _..�I.; ; -----� L��u �►.7 � , �� <l� .� , , • • ; Notar}� Public . . _ �. . , _ ., ; STATE OF F1I ti'�ESOTA CO�tiT�' OF The foreaoing was acknowledged before m� this da;� of . 19 , b}� and the and _ of . a undcr th�� la��s of , on behalf oi th�_� Notarl Public 0 — -- — -- -- ---- -- - �--- � ' 6" SO-,:'o-y �i►+�r' s rt� ,4� �E, �E NF • , . � � ' ' �— .. w /c�mo,n. �t F,�nsL,�� tu►b i tc►tCK�c dr,v _.... ... ar, � • �� r � �� '. � � � � � � � � 0 � . 1 { t • � i� `� , . . � . ' � �' ' �"r K '�'�'" b' �Q.i � u ' � � � ': � �' � � � : � � . � , , " ,y'-: � �U • tr � . -�—� ` . M � � . � • •�i � � do � ro . �,' � r`v� L � � � O � . a � � f � c� v — ?� � o . ,� ' � � .r � � 2f; � ,; ;"; �� .� � — — — le�• �4 ' � � � • ,,, r f�� , ' � � . � � � o � ^� ' 4 h� , . �_ � � v , !' � \ \ � � � 'i �/�� ' � � � � — — — �� t . .;�: « � — � n c� i\� ' y� .. .t�r " ��• "4 I ' . . � .� I i n� ' - � �v C NO � � �� 4 ` C � � ! � / , �, r '� �.�� • \ 1 �� - �' ./` R� �j� 1� � • ; `�''_ � �� `,A � � a� . .�^�� c .. t � v � �� i� � � .�`+�� ,, Q�cc`Sl � ' 1 ' ` �S. , ' . • . % i � • ` ` . . . . ' �^� � ` `� ; . i �� , c , : ,, �, t, . f fi , ., , � � .� � � � vr Q' , ' �- �+- • � \ .,`. � '`�' �� . � ` `t • fl ., • / � � z �,�t ,+1•�. \ ,�� ii � • . r:� ��- c � Y��.`� T: i� . � � •��\ ..� i �i� \ ' v • ��'� . � �� , , \ R� x Q �r f � C'i �.i. J � �a ` � . � � EXHIBIT A' � ^ � 8'. ) � RE90[�tTrION ND. - 1985 A RF50I,U1'IQJ OF�IItING PRII,IMINARY A�ANS, SPECIFICATIONS AND ESTIMATFS OF THE OOSi'S ZiiEFtDOF' :�TER & SANITARY SII�IER PRATECT #156 ' gL IT RE50I,VID, by the City Council of the City of Fridley as follaws: 1. That it appears in the interests of the City and of the property awners affected that there be constructed oertain i�rovements to-wit: Street improvenents, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer systen, anci other facilities located as follows: 76th Avenue Alden Way to East University Ave. East Service Drive 5'�th Ave South to Existing 2. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is hereby authorized and directed to draw the preliminary p2ans and specifications and to tabulate the results of his estimates of the costs of said improveqnents, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the fi.nancing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSm At�ID ADOPTID BY �E CITY QOIJNCIL OF �iE CITY OF FRIDLEY THIS DAY OF , 1985. WILLIAM J. NEE - M�AYOR ATi�'SI`: RICE�RD D. PRIBYL - ACTING CITY (I,EFtIC 3/6/1/19 �� RFSOLUTION N0. - 1985 A RffiOLUTION RECENING TfiE PRII.II�III�IARY REPORT AND RECENING A PETITION TO WANE A PUBLIC HEARING ON THE MATTER OF THE CONSTRIICTION OF CERTAIN IHPRWEI�NTS: WATER AND SANITARY SF�1ER PRO�JECT f156 YHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property oWners affeeted thereby. BE IT RFSOLVED, by the City Council of the City of Fridley as follows: 1.• That the preliminary report submitted by the City Publie Works Director, is hereby received and aceepted. 2, That the City Clerk shall act to ascertain the name and address of the awner of each p�rcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefiLs received. 4. That the estimates of assessments of the City Clerk shall be available for inspection to the owner of ar�y pareel of land as may be affected thereby. 5. That all property owners whose property is liable to be assessed xith the making of the improvements have signed an agreement requesting the improvements and constitute 100K of the property awners Who will benefit from the improvement and do waive the right to have a public hearing which is a2lowed under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED MTD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985. WILLIAM J. NEE - MAYOR ATTFST: RICHARD D. PRIBYL - ACTING CITY CLERK � CITY OF FRIDLEY 0 PETITION COVER SHEET petition No. 19-19E5 Date Received September 12, 1985 Object Request street, concrete curb and gutter, sanitary sewer/ and mains, water main and services to 8 lots of Oak River Estates, proposed plat. Petition Checked By Date percent Signing Referred to City Council Disposition 0 10A August 22, 1985 To: Mayor and City Council of the City of Fridley, Minnesota I, Leslie Miller, being 1000 owner of the property at 7560 East River Road, hereby request that the City of Fridley install street, concrete curb and gutter, sanitary sewer/and mains, water main and services to the 8 lots of Oak River Estates, proposed plat. I hereby waive the riyht to a public heariny and request that 1000 of the cost of these improvements be assessed equaly against the 8 lots. Sincerely r/�� %�% �l�f-t..� Leslie Miller Owner 10B � � � - - � . 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WILL BE AVAILABLE FOR THE MEETING, IF IT IS NOT RECEIVED, THIS PETITION WILL BE DELETED. , ,J 11 RESOLUTION N0. - 1985 A RF.SOLUTION ORDERING IMPROVEMENT AND FINAL PLMTS AND SPECIFICATIONS MID ESTIMATFS OF COSTS THEREOF: WATER � SANITARY S&lER PROJSCT # 156 �iHEREAS certain petitions requesting street improvements, including grading, stabilized base, hot-mix bituminous mat, sewer, water, storm . sewer and other facilities, located as follor�s: 76th Avenus Alden Way to East University Ave.E Service Dr. 57th Avenue South to Existing were duly presented to the Council on the 2ist day of Oetober 1985; and WHEREAS, pursuant to the resolution of the Council adopted October 21, 1985, a report has been prepared with reference to the improvement, and this report was received by Lhe Council October 21, 1985; N Ad THEREFORE, BE IT RESOLV ED, $Y THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNF.SOTA; 1. The Council finds and determines that said petitions were signed by all ot�►ners of real property abutting upon the street(s) named as the location of the improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted October 21, 1985• 3. John G. Flora is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. PASSED AND ADOPTED BY TIiE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1985. . WII.LIAM J. NEE - MAYOR ATTEST: RICHARD D. PRIBYL - ACTING CITY CLERK 3/6/1/17 12 RFSOLUTION N0. - 1985 A R�SOLDTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADf1ERTISF.t�NT FOR BIDS: WATER � SANITARY SF�iER PRQJECT #156 WHEREAS, the City Council received a petition from 100 pereent of the property owners whose property is liable to be assessed with the ._ making of these improvements (76TH Avenue and University Avenue East Service Drive) requesting the construction of these improvements; and WfiEREAS, Resolution No. - 1985 adopted by Lhe Ci ty Council of the City of Fridley ordered all of these improvements. NOW THEREFORE, BE IT RFSOLYED� by the Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the foZlowing improvements proposed by Council Resolutions are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improve.ments, including grading, stabilized base, hot-mix bituminous mat, conerete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer syste,m, and other facilities located as follows: 76th Avenue Alden Way to East University Ave.E Service Dr. 57th Ave S to Existing That the work involved in said improvements as listed above shall hereaf ter be designated as: J�jATER & SANITARY SEWER PROJECT �156 2. The plans and specifications prepared by the Publie Works Department for such improvements and each of them, pursuant to the Council resolutions heretofore adopted, are hereby approved and shall be filed with the City Clerk. The Public Works Direetor sha.11 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 specifications. The advertisement shall be published for three (3) Weeks (at least 21 days), and shall specify the work to be do ne and Will state that bids will be opened and considered at 11:00 a.m. on the 12th day of November, 1985 in the Council Chambers of the City Hall, and that r�o bids will be considered unless sealed and filed With the Public iiorks Director, and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5�) of the amount of such bid. That the advertisement for bids for WATER & SANITARY SEWER PROJECT #156 shall be substantially in standard form. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985 WILLIAM J. NEE - MAYOR ATTEST: RICHARD D. PRIBYL - ACTING CITY CLERK 3/6/1/18 12A ,; .,�� , � I � ��_ � � 7` �- �i'f-� �- ; 13 � . „� _ ; �J � v��LC C � ��- � ► ) �� % ' ' / L� � � r ' ��{� / 1,�•�� t l� • . �! , )�� ss`��-��- � � ' ` .�.�' �.� �� z- �-t? �% �1 �' t•-L-l�� 1 . � � � ,. ,, .., ' �� '�� ' �, `�= �-' l � �� .-i� ' "' �-c l��-� �� t �2., � � ' ' � �� / �� i' !�{/ � 1� - ,� ,.� �L :C .t l [c z �-�� ti� � � � u%� � ii � �r � - . , , / ; ,- / , l��c�'1� Lj��z-u tiLi. t- � �c�-(� =��'-� (`L�--L�2.,�-2��.,�.Ctt-L.,� . I � � " • �- , � f ^ �3 � - � �� /� -�- �--E� ?�' Q� - ��-�,, �'`�.�>-i-v� ,1 �Q .� �� --L� -� _ �; i� � � r � � J � � , z ��t�-��.�� ` , /l -_ � C �.',��.-t' / � ,� , �_ / � � � L - i �-� � � �u.�� , 1 , �CI �� FOR CONCURRENCE BY THE CITY COUNCIL October ?.1, 1985 �LAIIVlS 4968 - 5149 -- C�AIMS 1 4 /� t, E FOR CONCURRENCE BY TNE CITY COUNCiL OC,'TOBER 21, 1985 GENERAL CONTRAC'POR Olson Concrete Oompany 5010 Hillsboro Avenue N. New Hope, MN 55428 By: Edward An�erson Rite Away Construc tion P.O. Box 9292 North St. Paul, 1�1 55109 By: Carl Jovanovich Roanoke Building Co. Inc. 2344 Nicolett Avenue South Minneapolis, NQi 55404 By: Greg Voss Volk & Son� 4428 Josephine Iane Minneapolis, MN 55422 By: Gene Volk Wilker Design � O�nstruc tion Inc. 13421 Cedar Avenue South Apple valley, MN 55124 By: Tbdd Monson MAS Otd RY RJS Concrete 9415 Ab1e Street Blaine, M:7 55434 By: Randy Nissen 15A -- IICENSES APPROVED BY DARREL CLARK Chief Bldg. Ofc. Same Same Same Same Same ��V�� STATEMENT I 6 A $MITH, JUSTER, FEIKEMA, MALMON d� HASKV172 ATTORNEVS AT LAW 1000 IDS Center -1 t`s0�91f1 t B E RS E 1t2��A4VOE 84..•{�O. YH1 FI P� CRR7t_1 S,TRt f�T7 Z SO'TR 7'7a� 2 339• 1481 �City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, L City Manager cjn DATE � •�iws� weruww TM11 IOI�T�OM v�T� �ouw I1�tYLNT SUBURBAN OFFICE FRIDLEY � J ` BALANCE FORWARDED i'ROM LAST STATEMENT 10-11-85 For legal services rendered as Prosecutor for the City of Fridley during July, 1985. Representation of City of Fridley in Court in Anoka on 7-01-85, 7-02-85, 7-09-85, 7-10-85, 7-16-85, 7-23-85, 7-24-85 and 7-30-85, for 271 pre-jury trial conferences and on 7-11-85 and 7-25-85 for 15 court trials in Columbia Heights. 92.5 hours. Preparation of 123 misdemeanor formal complaints and 16 gross misdemeanor criminal complaints and miscellaneous office and phone conferences with police and citi2ens. 38.75 hours. TOTAL TIME (131.25 hours) (July, 1985 Retainer) $1,550.00 Time in excess of Retainer (101.25 hours) $5,062.50 SMITH, JU57ER, FEIKEMA, MALMON 6 HASKVITZ •r�owwers w� a.ww $1,650.00 $6,712.50 OATE � � � � BALANCE FORWARD[D i RO�". LAST STATEMENT 10-11-85 For legal services rendered as Prosecutor for the City of Fridley during August, 1985. Representation of City of Fridley in Court in Anoka on 8-06-85, 8-13-85, 8-14-85, 8-20-85, 8-27-85 and 8-28-85 for 97 jury trials and on 8-08-85, 8-15-85, 8-22-85 and 8-29-85 for 33 court trials in Columbia Heights. 114.50 hours. Preparation of 9 misdemeanor formal complaints and 11 gross misdemeanor criminal complaints and miscellaneous office and phone conferences with police and citizens. 9.75 hours. TOTAL TIME (124.25 hours) (August, 1985 Retainer) $1,650.00 �1,650.00 Time in excess of Retainer (94.5 hours) 4,712.50 $6,362.50 Cash Disbursements 184.09 $6,546.59 SMITH, JUS'rER, FEIKEMA, MALMOIV'�:�'a:i51COTi2 ATTOwNCVS wT tww 0 CITY OF FRIDq.EY Engineering Department 6431 University Avenue, N.E. Fridley, Minnesota 55432 Date: 10/21/85 Tp; Honorable Mayor and City Co�cil Ci ty of . FY i dley 6431 University Avenue, N.E. FYidley, Minr�esota 55432 RE: Mississippi Street Landscaping Project 530-00-000 16B \':�C`L`i�C�� Est. No. 2 (Final) Per . F7�d,in�� '°r Lino Lakes Landscapin� ' ' � 18400 Lexington Avenu� • _ Wyoming, MN 55092 - 0 � S�l�FtY: Original Contract Amaait Contract A3ditions - Q�ar'►ge Order Nos. #____1_ Contract Deductions - �►ange Order Nos. Revised Contract Amo�mt Value Completed To Date StTB TUTAL Ama�t Retaired (1081 (58) Less Amo�t Paid Previously ANDUIIT D[1E Ti�IS E5TD�IATE y�;�M : 1 • y.� �• �y: ��1N : S 29,974.74 S 4,080.00 s--------- S 33,054.74 S 31,846.66 S 31,846.66 � 0.00 s 24,715.83 S 7,130.83 • 16C I hereby oertify that the work performed and the materials supplied to date �der terms of the contract for the refer�ce project, and all authorized changes thereto, have an actual value der tfie oontract of the ar�ounts shown on this estimate tand the final quantities f the final estimate are correct), and that this estimate is just �d Qo .zect and o part of the/"Arnoi�nt Due TY�is Estimate" has been received. _ � ; `� ,J , � 7 .a ��- � .��.1 Date �l' -�' 7 � f � �Contractor's thdrized Representativ (Title� �:� _: � • y.� ��. ►� �: I hereby oertify that I have prepared or examined this estimate, and that the oontsactor is entitled to payment of this estimate under the oontract for refere�ce project. CITY OF FRIDLEY, INSPEC,�R � �ecked By: / ��i � �te 10 ^ � � A gS Respectfully S'ukn►itted. City of f'ridley � � . Flora, P.E. � ector of Publi c Wor ks � �;` �,� PUBLIC HEARING BEFORE THE FRIDLEY CITY COUNCIL To Whom It Hay Concern: i � (• � o��; . Pursuant to the C3ty of Fridley Cable Television Franehise Ordinance, Section 405.13� Subdivision 4� notice is hereby given that there will be a public hearing before Lhe City Council of the City of Fridley in the Council Chamber of the City Hall at 6431 University Avenue Northeaast on Monday� November 18, 1985 at 7:30 p. m. to consider the following matter: TRAtvSFER OF CONTROL OF STORER COI�lUNICATIONS, INCORPORATED TO SCI HOLDINGS, INC. The Transfer of Control would be accomplished by the merger of SCI Merger Corp., a subsidiary of SCI Holdings, Inc., into Storer Communications, Incorporated. Both SCI Holdings, Inc. and SCI Merger Corp, are neWly formed corporations orgar.ized by Kohlberg Kravis Roberts and Co. Upon consumation of the merger, Storer Communications, Incorporated xill be the surviving corporation and be oWned by SCI Holdings, Ine. SCI Holdings, Inc. is controlled by KKR Associates. All interested persons are invited to attend the hearing and offer comments on the proposed Transfer of Control. MAYOR WZLLIAM J. NEE CITY OF FRIDLEY Publish: October 28, 1985 November 4, 1985 /�'lA,�� "� -l1�- �o�� % !Z�`�� /f�rlsi� ��w ---�J4 � - Li�r�" RFSQ,t�I0�1 N0. 88 1985 A RF�CGUTI�I OPPOSIlVG FCC DFLETION G�' TDQiIVIC1�,L STANOART►S AND PRE-EMPTION OF LOCAL ENFORCEMENT PROVISIONS ES"rrABL�ISHIl�]G Z�CIiNIC�L STA�IDARDS (MM DOCRET N0. 85-3E�; FCC 85-66) WHERF.AS, technical specifications and standards for a cable com�unications systen are imp�rtant issues to local oonsuners of cable television servi ces; and __ WHIItF,AS, the City has negotiated technical standards with the ].ocal cable operator which are included in the City of Fridley Franchise Ordin�noe; and WT�E�EAS, the Cable Communication Policy Act of 1984 has author.ized local franchising authorities to enact and er�forve oonsuner protection sl.andards aild other local cable franchiae ordinance provisions not inconsistent: with that A�ct; and WHF�REAS, the Federal Carummications Oonmiission, in its Proposed Ru]le set forth in N�l Docket No. 85-38 has not cbcunented any instanoes or exampl�s of local abuse by franchising authorities relating to implenentation oi` technical quality standards; and NGW, �IFRF.�ORE, BE IT RFBCLVID that the City of Fridley opposes t}ie adoption of the Proposed Rule set forth in 1�II�+1 Docket No. 85-38; FCC 85-66 which would delete current FCC tec.hnical service quality standards and pre--empt local enforoement of franchise ordinance pravisions estahlishing techniral. service quality standards. PASSID A1�ID ADOPTID BY �E QTY �ONCIL OF �IE QTY OF FR1Td,EY �lIS 21ST DAY OF 0(`ICBER, 1985. WII�LIAM J. 1�E — 1�iY0R ATi'F.S'T: •• � •�� • r � � w � M • �• , 3/7/3/12 � I`�� RESOLUTION N0. $9-1985 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT REVE�E BC)ND PROJECT - ' -.C' � ri .� � � � r �� t�-�: �f� �,:t_. �,R = `' � BE IT RESOLVED by the City Council (the "CounCil") of the City of Fridley, Minnesota (the "City"), as follc>ws: 1. It is hereby found, determined and decl�red as follows: 1.1. The welfare of the State of Minnesota (the "State") requires active promotion, attraction, encour- agement and development of economically sound i.ndustry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by loc�al gov- ernment units to prevent the economic deterioration of such areas to the point where the process can be re- versed only by total redevelopment through the use of local, state and federal funds derived from t�xation, with the attendant necessity of relocating di.splaced persons and of duplicating public services im other areas. 1.2. Technological change has caused a shift to a significant degree in the area of opportunity for edu- cated youth to processing, transporting, mai�keting, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City, a large part of the existing investment of the cc>mmunity and. of the State as a whole in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age t�� areas where their services may be effectively used and com- pensated and the lessening attraction of persons and businesses from other areas for purposes of iridustry, coinmerce and tourism will deprive the City and trie State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. . 1.3. The increase in the amount and cost of govern- mental services requires the need for more iritensive development and use of land to provide an adequ�ate tax base to finance these costs. i�� 1.4. Columbia Park Properties, a Minnesota general partnership (the "Company"), has advised the Council that it desires to undertake a project which consists of the acquisition of land and the construction thereon of approximately 17,000 square feet of clinic and related medical facilities and of an approximately 25� stall parking facility (the "Project"j, to be located �at 6341 University Avenue, N.E., in the City. 1.5. The contribute to land, thereby opportunities existence of the more intensive increasing the in the City. Project in the City will development and use of tax base and employment 1.6. The City is authorized by Minnesota St,atutes, Chapter 474, to issue its revenue bonds, notes or other obligations to finance the cost, in whole or in p�art, of the acquisition, construction, reconstruction, innprove- ment, betterment or extension of capital projects con- sisting of properties used and useful in connecti��n with a revenue producing enterprise, including the Project, and the� issuance of such obligations by the Cit;� would be a substantial inducement to the Company to co:nstruct its facility in the City. 2. On the basis of information given the City t� date, it appears that it would be in the best interest of tlhe City to issue its obligations (the "Bonds") under the pro�visions of Minnesota Statutes, Chapter 474, to finance the :Project in an amount presently estimated not to exceed $4,360,000. 3. The Project and the related financing thez•eof by the City are hereby given preliminary approval, and the issuance of the Bonds for such purpose and in such es�timated amount is hereby approved, subject to compliance wi.th the requirements prescribed by Minnesota Statutes, ChaptE�r 474, including without limitation the approval of the Pro;ject by the Minnesota Department of Energy and Economic Develc�pment, and to the mutual agreement of the Council, the Comp�3ny and the initial purchasers of the Bonds as to the details and provision for payment of the Bonds. In all events, it is understood, however, that the Bonds shall not consti.tute a debt of the City or a charge, lien or encumbrance, lE�gal or equitable, upon any property of the City except its interest in the Project, and each,of the Bonds when, as and if issued shall recite in substance that it is payable solely f�rom the revenues received from the Project and property pleclged to the payment thereof. 4. The adoption of this resolution by the Counc:il does not constitute a guarantee or a firm commitment th.at the City will issue the Bonds as requested by the Compan�. The - 2 - i• : City retains the right in its sole discretion to �vithdraw from participation and accordingly not issue the� Bonds should the City determine that it is in the best inte�rest of the City not to do so or should the parties to the transac- tion be unable to reach agreement on the terms therec�f. Adopted by the Fridley City Council on October 21., 1985. - 3 - , Clerk-Treasurer's Certificate I, the undersigned, being the duly qualified and acting Lerk-Treasurer of the City of Fridley, Minnesota, hereby �rtify that I have carefully compared the attached and �regoing resolution with the original thereof on file in my `fice and further certify that the same is a full, true and �mplete transcript therefrom, insofar as the same relates _� the preliminary approval of a commercial or industrial development project and the financing thereof for Columbia Park Properties, a Minnesota general partnership. I certify that Councilmember introduced said resolution, Councilmember moved its adoption, which motion was duly seconded by Councilmember , and upon roll call, the "Ayes," "Abstains" and "Nays" were as follows: AYES Whereupon adopted. ABSTAINS NAYS the resolution was declared duly passed and I further certify that said resolution was duly adopted by the Fridley City Council at a duly called and regularly held regular or special meeting thereof. WITNESS my hand officially as such Clerk-Treasurer and the corporate seal of the City this day of , 1985. City Clerk-Treasurer Fridley, Minnesota (SEAL) i�� L-V i�i i�',SCr.irr�0ta N0. 90 — 1985 A RE�Ci,UrICHJ GIVING PRELII�IINARY APPROVAL TO A PROPOSED II�IDfJSII2IAL TBVII,OPI�NP REVIIVIJE BCL�ID PRQ7EQ' — 0� ROAD AND ONIVF�RSi'!'Y AVENIIE N. E. NC�V, �REF�OIZE, � IT RESCLVED by the City �uncil (the "Council") of the City o� Fridley, Minnesota (the "City"), as follaws: 1. It is hereby found, determired and declared as follaws: 1.1 7be welfare of the State of Miinnesota (the "State") requires active pranotion, attraction, enoouragement and developnent of econotnically sound industry and commeroe through governmental acts to prevent, so far as possible, emergenoe o£ blighted lands anc3 areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by local gwerrment �its to prevent the eoonanic deterioration of such areas to the point where the proaess can be re�vereed only by total redevelopnent through the use of local, state and federal funds c3erived from taxation, with the attendant neaessity of relocating displaoed persons and of duplicating public servioes in other areas. 1.2 Zhchnological change has caused a shift to a signif icant degree in the area af opportimity for educated youth to prooessing, transporting, marketing, servioe and other industries, and unless existing and related industries are retair�ed and new industries are developed to use the available resouroes of the City, a large �rt of the existing investment of the oo�nmunity and of the State as a whole in educational and public servioe facilities will be lost, and the mavenent of talented, educated personrel of mature age to areas where their servioes may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, oamt�eroe and tourism will deprive the City and the State of the ec�onanic and h�nnan resouroes neec]ed as a base for providing governmental servioes and facilities for the renaining population. 1.3 �e increase in the anount and oost of goverrn�ental servioes requires the need for more intensive developnent and use of land to pravide an adequatQ tax base to f inanoe these o�sts. 1.4 E.J. Plesko & Associates, 7nc., a Florida corporation (or a li.mited or ger�eral partnership in which said oorporation or E.J. Plesko individually will be a ge�ral partrer) (the "Compa,ny"), has advised the Council that it desires to u¢�dertake a project which consists of the acquisition of land and the �nstruction thereon of app�oxunately 75,000 square feet of oommercial and retail shopping facilities (the "Project"), to be located at nort2naest corner o� the intersection of University Avenue, N.E, and Osborne Rpad, in the City. 1.5 The existence of the Project in the City will contribute to more intensive developnent and use of land, thereby increasing the tax base and eqngloyment opport�mities in the Gity. Page 2- Resolution 90 - 1985 1.6 'Ihe Ci.ty is authorized by Minnesota Statutes, Qiapter 474, to �ssuesi`tS'� revenue bonds, notes or other okal.igations to finanoe the oost, in whole or in part, of the acquisition, oonstruction, reconstruction, improvement, betterment or extension af capital projects �nsisting of properties used and useful in connection with a revenwe producing enterprise, including the Project, and the issuance of such obligations by the City would be a substantial induc�nent to th�e Qompany to v�nstruct its facility in the City. 2. Qi the basis of information given the City to date, it appe ars that it would be in the best interest of the City to issue its obligations (the "Bonds") . tmder the prwisions of Minnesota Statutes, Cria�er 474, to f inanoe the Project in an aeno�t preaently estimated not to exoeed $4,360,000. 3. 7he Projeet and the related financing thereof by the City are hereby given preliminary apprwal, and the issuanc�e of the Bonds for such purpose and in such estimated amount is hereby approved, subject to oompliance with the requirenents prescribed by Mir�nesota Statutes, C�apter 474, including without limitation the appraval of the Project by the Miru�esota Deparfisnent of Energy and E�ncmic Developnent, and to the mutual agreement of the Council, the Company and the initial purchasers of the Bonds as to the details and pravision for payment o�f the Bonds. In all events, it is understood, l�ver, that the Bonds shall not oonstitute a debt of the city or a charge, lien or enctmbranoe, legal or equitable, upon any property of the City except its interest in the Project, and each of the Bonds when, as and if issued shall recite in s�stanoe that it is �yable solely frcm the revenues reoeived f rom the project and property pledged to the payment thereaf. 4. Rhe adoption of this resolution by the Council does not constitute a guarantee or a f inn oonunitment that the City will issue the Bonds as requested bY the Oom�rry. Rhe City retains the right in its sole discretion to withdraw from participation and acoordingly not issue the Bonds should the City determir�e that it is in the best interest of the City not to do so or should the parties to the transaction be unable to reach agreement on the terms thereof. PASSED ADID ADOF7I'ED BY � QTY �[1NQL OF THE (;zTy OF FRIDLEY �3IS 215T L1AY OF OCTCBF,R, 1985. WILLIAM J. I�E — Ng1Y0R �.:�Yi�7 RIQiARD D. PR1Bi�,-ACTING QTY CZERR 2�� ZD� 1�3 C1erk-Treasurer's Oertificate I, the undersic�ed, being the duly qualified and acting Qerk-Treasurer o� the C,i.ty � Fridley, Minresota, hereby oertify that I have carefully aompared the attadled and foregoing resolution with the original thereof on f ile in my offioe and further certify that the same is a full, true and complete transcript therefraa, insofar as the saane relates to the p�reliminary approval af a oamnercial or industrial developnem groject and the f inancing thereof for the Qompaiiy def ir�ed in said resolution. I oertify that Councilmember introduced said resolution, Glouncilmember moved its adoption, which motion was duly seoonded by �uncilmember , and upon roll call, the "Ayes," "Abstains" and "Nays" w�ere as follows: A�S ABSTAIlVS NAYS Whereupon the resolution was declared duly passed and adopted. I further oertify that said resolution was duly adopted by the Fridley City Council at a duly. called and regularly held regular or special meeting thereof. WI'Ii�'�S my hand officially as such Qerk-Treasurer and the corporate seal of the City this day of , 1985. ( g'�) ' City Clerk-Treasurer Fridley, Minnesota