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FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: NAME ADDRESS ITEf�I NUMBER -- --- -- _ ________________________________________________________________________________ -- ------__ - --------------------------- j �-�r� ��'_�. n I� � f � 1 `� � � / ��o �� C%a ��.�' �----} { �•v �' �� %'/l`��S c� N �� 1��,,��9��, � n �• L. , � � � �� +� f21C►-I.i��S HSS�.CIf►T�'�S� �j�,G� %/ �., . ?� � S, . �'r� �N� � M�,_ : H,c�.c �s-�- � 7Gt �c �S l (Yi �x i� -, ��. � �`"t/LI �� (<,� �N��_�,,.��5 �:� 3 .-� r - � FRIDLEY CI TY COUNCIL NOVEMBER 18, 1985 - 7:30 P.M. �:'_�rL Following are the "ACTIONS TAKEN" by the Administration for your inf ormati on. ------------------------------------------------------------------ APPR4VAL OF MINUTES: Council Meeting, November 4, 1985 Approved as presented ADOPTION OF AGENDA: Adopted as presented OPEN FORUM. VISITORS: Pat Brennan, representing League of Women Voters spoke regarding Meadowland Park Jesse Ellingsworth spoke requesting representatives to NSCAH Organization PUBLIC HEARINGS: Public Hearing on the Matter of a Hausing Program f or a Specific Project, Sylvan Hills, by Lou Lundgren . . . . . . . . . . . . . . . . . . . . . Hearing opened at 7:45 PM, closed at 9:25 PM NO ACTION NEEDED: SEE ITEM 12, Resolution tabled to December 12, 1985 . . . . . 1 - 1 D Public 8earing on the Matter of Redevelopment District� Tax Increment District No. 6 . . . . . . . . . . . 2 - 2 A Hearing opened at 10:05 PM, closed at 10:15 PM NO ACTION NEEDED: SEE ITEM 13, Resolution No. 97-1965 adopted Council Meeting, November 18, 1985 Page 2 PUBLIC HEARINGS (Continued): Public Hearing on the Matter of Transfer of Control of Storer Communications, Inc, to SCI Holdings, Inc. .... 3- 3 A Hearing opened at 10:15 PM, continued to De cember 2, 1985 agenda PUBLIC WORRS--ACTION TAREN: Have placed on agenda of December 2, 1985 for Continued Hearing Public Hearing on the issuance of a regular On-Sale Liquor License for Sandee's Restaurant, 6490 Central Avenue N. E. , Gary Braam . . . . . . . . . . . . . . � . . . 4 Hearing opened at 12:05 AM, closed at 12:10 AM CENTRAL SERVICE--ACTION TAREN: Issued license as approved under "Licenses" OLD BUSINESS• Consideration of Appointment to Community Development Commission (Tabled 11/4/85) . . . . . . . . . . . . . . . . . 5 Tabl ed PUBLIC WORRS--ACTION TAREN: Have placed on next agenda 6 � Council Meeting November 18, 1985 QLD BUSINESS (Continue ) 0 Consideration of a Variance Request to Al1ow Construction of a Garage, 7571 Alden Way, Dennis A. Wood Appeals Commission Recommendation: Motion t o De ny Fa i 1 ed be ca use of Ti e Vote �QUncil Action Needed: Consideration of Recommendation (Tabled 11/4/85) . . . . . . . . � Approved with stipulation pyBLIC WORRS--ACTION TAREN• Appl icant inf qrmed of appr ov al wi th st i pul ati on � NEW BUSINESS• Page 3 . . . . . 6 - 6 F Receiving the Statement of Canvass for the November 5, 1985 General Election (Ward Ii}. ........ 7- 7 B Statement of Canvass received CENTRAL SERVICE--ACTION TAREN: Statement executed by Council and recorded for future reference Consideration of an Ordinance Recodifying the Fridley Ci ty Code by Amendi ng Chapter 6 03 Enti tl ed "Intoxi- cating Liquor", Section 603.22(3) (Wine License) ..... Adopted on Fi rst Reading PUBLIC WORRS--ACTION TAREN: Have placed ordinance on next agenda for consideration of second reading . 8 - 8 D �� Council Meeting, November 18, 1985 e NEW BUSINESS (Continued) Pa ge 4 Receiving the Minutes of the Charter Commission Meeting of March 16, 1985 . . . . . . . . . . . . . . . . . . 9 - 9 F Minutes received PUBLIC WORICS--ACTION TAREN; Have filed for future reference 0 Receiving the Minutes of CATV Advisor,y Commission Meeting of October 17, 1985. . . . . ,. . . . . . . . . . . . 10 - 10 E Mi nutes received PUBLIC WOR.RS--ACTION TAREN: Have filed for future reference Receiving the Minutes of the Planning Commission Meeting of November 6, 1985 . . . . . . . . . . . . . . . . . 11 - 11 BB A. Special Use Permit, SP #85-12 to Allow a Different Commercial Use in an S-1 Zoning District, 5973 - 3rd Street NE, by Aderian Smith ................................................ 11 - 11E Planning Commission Recommendation: Approval & 11Q-11S with Stipulations ,�ouncil Action Needed: Consideration of Recommendati on I Appr ov ed w i th st i pul ati on �UBLIC WORRS--ACTION TAREN: Appl icant i nf ormed of Council approval with stipulation . � Council !leeting, November 18, 1985 NEW BUSINESS (Continued? (Planning Commission Meeting Continued) Pa ge 5 B. Setting a Public Hearing on the Matter of a Final Plat, Riverwood Park by Charles Cook......... 11E - 11G Plannina Commission Recommendation: Approval & 11T with Stipulations Co�a =ci1 Action Needed: Set Public Hearing f oc De cembe r 2, 1965 8earing set for December 2, 1985 • PUBLIC WORRS--ACTION TAREN: 8ave Placed plat on agenda of December 2, 1985 for consideration C. Review of a Special Use Permit, SP#78-13 to Allow Sales and Service for the Installa- tion of Service Station Equipment, 5333 • Oniversity Avenue NE, by Minnesota Petroleum Service, Steve Hanson ............................... 11G - 11J Planning Commission Recommendation: Reapproval � 11U - 11W with Stipulations Council Action Nee.ded: Consideration of Recommendation Appr ov ed w i th st i pul ati on PUBLIC WORRS--A�TION TAREN: Informed applicant of Council approval with stipulation Council Meeting, November 18, 1985 I�EW BUSINESS (Continued) (Planning Commission Minutes Continued) Pa ge 6 D. Item from the Appeals Commission Meeting of October 29, 1985: Variance Requests to Reduce Setback for Parking and Hardsurface Areas from any Side Lot Line and f rom any Rear Lot Line 7940 and 7984 Rancher's Road and ?989 Main Street HyGerald Paschke ................................... 11X - 11B8 �ppeals Commission Recommendation: Approval with Stipulations . Council Action Needed: Consideration of Recommendation Approved with stipulation PUBLIC WORRS--ACTION TAREN: Inf ormed a pplicant of Council approval with sipulation Consideration of a Resolution Relating to the Approval of a Multifamily Housing Ptogram for the Construction of a Multifamily Housing Proje�t by the Fridley Plaza Associates Limited Partnership and Authorizing the Sale of Housing Revenue Bonds. ..... 12 - 12 A Resolution tabled to December 2, 1985 �U�LIC WORKS--�CTION TAREN• Have placed item on agenda of December 2, 1985 for consideration Council Meeting. November 18, 1985 �IEW BUSINESS (Continued) Consideration of a Resolution Relating to the Enlargement of Redevelopment Project No. 1; Amendment of Tax Increment Financing Plan for Dis- trict No. 2 Through 5; Establishment of Tax Increment Financing District No. 6 and Amendment of Modified Redevelopment Plan and Adoption of Tax Increment Pinancing Plan for District No. 6. . . . . . . . . . . Resolution No. 97-1985 adopted PUBLIC WORRS--ACTION TAREN: Will proceed With enlarge- ment and Establishment of Districts and Plans as authorized � Pa ge 7 . . . 13 - 13 D Consideration of a Resolution Ordering the Preliminary Plans, Specifications and Estimates of the Costs Thereof : Water � Sanitary Sewer Project #160. . . . . . . . 14 - 14 A Resolution No. 98-1985 adopted PUBLIC WORRS--ACTION TAREN: Will proceed as authorized Consideration of a Resolution Receiving the Preliminary Report and Receiving a Petition to Waive a Public Hearing on the Matter of the Construction of Certain Improv�nents: Water & Sanitary Sewer Project #160 ... Resolution No. 99-1985 adopted �$LIC WORRS--ACTION TAREN: Will proceed as authorized , . 15 - 15 E Council Meeting, November 18, 1985 TEW U E nt'nu Consideration of a Resolution Ordering Improvement and Plans and Specifications and Estimates of Costs Thereof: Water & Sanitary Sewer Project #160 . . . . . . . . . . . . . Resolution No. 100-1985 adopted PUBLIC WORRS--ACTION TAREH: Will order improvement as authorized 0 Consideration of a Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement of Bids: Water & Sanitary Sewer Project #160. . . . . . . . . . Resolution No. 101-1985 adopted PUBLIC WORRS--ACTION TAREN: Will order adverti sement of bi as Pa ge 8 16 . . . 17-17A Consideration of a Resolution Supparting the East River Road and Osborne Road Intersection Improvement Project #SP 02-638-07 . . . . . . . . . . . . . . . . . . Resolution No. 102-1985 adopted PUBLIC WORRS--ACTION TAR�N: Will proceed with improv e- a�ent as authorized . . 18 - 18 C Council Meeting, November 16, 1985 NEW BUSINESS (Continued) Pa ge 9 Receiving Bids and Consideration of Awarding Contract for Water 6 Sewer Project #156. . . . . . . . . . . 19 - 19 B Bids received and contract awarded to Bonine Excavation Company �UBLIC WORRS--ACTION TAREN: Will inform all bidders of Council award of contract Consideration of a Petition for Mid-Block Street Light, 5121 Hughes Street . . . . . . . . . � . . . . . . . . . . . . 20 - 20 A Street light approved PUBLIC WORRS--ACTION TAREN: Notified NSP of new street light installation Consider_ation of 1986 Council and Holiday Schedule ..... 21 Approved as presented �ITY MAN�►GER--ACTION TAREN: Establ ished hol iday and Council schedules as appzoved Licenses . . . . . . . . . . . . . . . . . . . . . . . � . . . 22 - 22 B Appr ov ed CENTRAL SERVICE--ACTION TAREN: Issued licenses C�OUNC ( L f�^;EET I NG, NOVEMBER 18. 1985 FA�E 2 PUBLIC HEARING ON THE MATTER OF TRANSFER OF CONTROL OF STORER COMMUNICATIONS. INC. TO SCI HOLDINGS, INC. .... 3- 3 A PUBLIC HEARING ON THE ISSUANCE OF A REGULAR ON-SALE LIQUOR LICENSE FOR SANDEE'S RESTAURANT, 6490 CENTRAL AVENUE N. E.. GARY BRAAM . . . . . . . . . . . . . . . . . . 4 � 1 i ► CONSiDERATION OF APPOINTMENT TO COMMUNITY DEVELOPMENT COMh11 SS ION (TABLED 11/4/85) , , , , , , , , , , , , , , , , , 5 ��UN�IL MEETING NOVEMBER 18, 1985 1 : ► •►__► � PAGE 3 CordsiDERATION OF A VARIANCE REQUEST TO ALLOW CONSTRUCTION OF A GARAGE. 7571 ALDEN WAY. DE�vh i s A. W000 APPEALS COMMISSinN RFC(1MMFNnATIC)N; MoTiaN TO DEraY FA{LED SECAUSE OF TIE VOTE COUNCiL Ac�iorv N DED; CONSIDERATION OF RECOMh1ENDATION iTABLED 11/4/85) , , , , , , , , , , , , , 6 — 6 F 1 � : 1 RECEIVING THE STATEMENT OF CANVASS FOR THE PdOVEMBER 5, 1985 GENERAL ELECTION (�JARD II). ....,... 7— 7 B CONSIDERATION OF AN ORQINANCE RECODIFYING THE FRIDLEY CITY COOE BY AMENDING CHAPTER 6�3 ENTITLED "INTOXI— CAT�NG LIQUOR". SECTION 603.22(3) (WINE LICENSE� . . . . , . 8 — $ D l��)UNCIL MEETING, NOVEMBER 18, 1985 : 1 �► ► � PAGE 4 RECEIVING THE P�IINUTES OF THE CHARTER COMMISSION h1EET I NG OF P�IARCH 18, 1985 . . . . . . . . . . . . . . . . . . 9 - 9 F RECEIVING THE MINUTES OF CATV ADVISORY COMMISSION ��1EET I NG OF OCTOBER 17. 1985 . . . . . . . . . . . . . . . . . 10 - 10 E RECEIUING THE MINUTES OF THE PLANNING COMMISSION P�1EET I NG OF NOVEMBER 6. 1985 . . . . . . . . . . . . . . . . . 11 - 11 BB A. SPECIAL USE PERMIT. SP �85-12 TO ALLOW A DIFFERENT COMMERCIAL USE IN AN S-1.ZONING DISTRICT, 5973 - 3RO STREET NE. BY ADERIAN SMITH................................................ �� - 11E PLANNINC COMMISSION RECOMMENDATION; APPROVAL & ��Q-��S WITH STIPULATIONS COUNGIL ACTION NEEDED: CONSiDERATION OF PECOh1MENDAT I ON COUNClL MEETlNG, NOVEMBER �8, 1985 ► � : \ •► ► � (PLANNING COMMISSION MEETING CONTINUED) B. SEiTING A PUBLIC HEARING ON THE MAT7ER OF A FINAL PLAT, RIVERWOOD PARK BY CHARLES COOK......... e�ANNINC GOMMISSION RECOMMENDATION: APPROVAL & WITH STIPULATIONS �OUNCIL ACT�ON EEDED; SET PUBLIC HEARING FOR DECEMBER 2. 1985 PAGE 5 11E - 11G 11T C. REViEW OF A SPECIAL USE PERMIT. SP#78-13 TO ALLOW SALES AND SERVICE FOR THE (NSTALLA- TION OF SERVICE STATION EQUIPMENT, 5333 UNIVERSITY AVENUE'NE. BY MINNESOTA PETROLEUM SERVICE. STEVE HANSON ............................... 11G - PLANNING COMMISSION RECOMMENDATION; REAPPROVAL & ��U - WiTH STIPULATIONS �QUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION 11J � �W COUNCIL MEETING, NOVEMBER 18. 1985 1 : ► •► ► � (PLANNING COMMISSION P�1INUTES CONTINUED) D, ITEM FROM TNE APPEALS COMMISSION MEETING OF OCTOQER 29, 1985: VARIANCE REQUEST5 TO REDUCE SETBACK FOR PARKING AND HARDSURFACE AREAS FROM ANY-SIDE LOT LINE AND FROM ANY REAR LOT LINE 794� AND 7980 RANCHER'S ROAD aNO 7989 MatiN STREET BY GERALD PASCHKE ................................... APPEALS COMMlSSION RECOMMENDATJON; APPROVAL WITH STIPULATIONS COUNCIL AC710N NEEDED; CONSIDERATION OF RECOMMENDATION CONSIDERATION OF A RESOLUTION RELATING TO THE APPROVAL OF A MULTIFAMILY HOUSING PROGRAM FOR THE CONSTRUCT(ON OF A MULTIFAMILY HOUSING PROJECT BY THE FRIDLEY PLAZA ASSOCIATES LIMITED PARTNERSHIP AND AUTHORIZING THE SALE OF HOUSING REVENUE BONDS. PAGE 6 11X - 116B . . . , . 12 - 12 A COUNC I L ��IEET I NG, I�UVEMBER 18. 19�5 : 1 •► ► � FA�E 7 CONSIDERATION OF A RESOLUTION RELATING TO THE ENLARGEh1ENT OF REDEVELOPMENT PROJECT N0. 1: AMENDMENT OF TAX INCREMENT FfNANCING PLAN FOR DIS- � TRICT N0. 2 THROUGH 5; ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT N0. 6 AND AMENDMENT OF MODIFIE:D REDEVELOPMENT PLAN AND ADOPTION OF TAX INCREMENT FINANCING PLAN FOR DISTRICT N0. 6 . . . . . . . . . . . . . . 13 - 13 D CONSIDERATION OF A RESOLUTION ORDERING THE PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF; WATER & SANITARY SEWER PROJECT #160. . . . . . . . 14 - 14 A CONSIDERATION OF A RESOLUTION RECEIV{NG THE PRELIMINARY REPORT AND RECE{V{NG A PETITION TO WAIVE A PUBLiC HEARiNG ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPRCVEh1ENTS: WATER & SANITARY SEWER PROJECT #16� .,,., 15 - 15 E 1;�1UN� I L �+lEE7 I NG. �OVEMBER �8, 1985 PAGE 8 CONSIDERATION OF A RESOLUTION ORDERIN6 IMPROVEMENT AND PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: UTATER $ SANITARY SEWER PROJECT #160 . . . . . . . . . . . . . 16 '� CONSIDERATION OF A RESOLUTION OROERING IMPROVEMENT. A.PPROVAL OF PLANS AND ORDERING ADVERTISEMENT OF BIDS: WATER & SANITARY SEWER PROJECT #160 . . . . . . . . . . . . . 17 - 17 A CONSIDERATION OF A RESOLUTION SUPPORTING THE EAST RIVER ROAD ANO OSBORNE ROAD INTERSECTION IMPROVEMENT PRO�ECT #SP 02-638-07 . . . . . . . . . . . . . . . . . . . . 18 - 18 C COI,!NC I L P�1EET I NG, NOVEMBER 18, 1985 PAGE 9 RECEIVING BIDS AND CONSIDERATION OF AWARDING CONTRACT FOR WATER & SEWER PROJECT #156. . . . . . . . , . , 19 - 19 B � CONSIDERATION OF A PETITION FOR MID-BLOCK STREET LIGH7. 5121 HUGHES STREET . . . . . . . . . . . . . . . . . . . . . 20 - 20 A CONSIDERATION OF 1986 COUNCIL AND HOLIDAY SCHEDULE ...., Z� L 1 CENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 B COUN� I L i'�IEE T I NG, f�UVEMBER 1t3, 1985 PAGE 1� CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 EST i MATES . . . . . . . . . . . . . . . . . . . . . . . . . . Z�F - 24 F .1 1 C\ 0 � THE MINUTES OF THE FRIDLEY CITY COUNCIL NEETIP�G OF NOVEMBER 4, 1985 f � 1 � I 1�.I4 •,' .I � �-t I�1 1 �.' .I ' 1� �� r • �i t• �1• �he Regular meeting of the Fridley City Co�cil was called to order at 7:40 p. m. by Mayor Nee. �'I.IDGE OF ALL�GIANC;E: l�yor Nee led the Co�cil and audienoe in the Pledge of Allegiance to the Fl ag. IaDLL CALL • NENBERS PRF�II�iT: Mayor Nee, do�mcilman Goodspeed, Gb�mcilman Fitzpatridc, on�cilman Barrette, and Co�cilman Schneider I�EIrBFRS ABSIIdT: None PRESENrATION• «�•� � , . . . � • • - � n •• � � • • i� •• � � Mayor Nee stated a nunber o� ci ti zens se rve the oomnumi ty as v ol untee r s on City Corcmissions for which tihe Co�cil is very appreciative. He stated the C;oimcil wished to reooc�ize Louis Sc�nnidt for his service on the Community Develognertt C,atmission by preseriting him with a plaque. Since Mr. Schmidt was not pcesent to rec�eive the plaque, N�►yor Nee requested it be forwarded to him. APPF�VAL OF MI1�XITES • OOUNCIL MEETING. OCTOBER 21. 1985• rDTIDN by Councilman Barnette to apprwe the minutes as preser�ted. Sewnded by Co�cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unani.mously. ADOPTION OF AGEfalA • N�yor Nee requested the follaaing itens be added to the agenda: (23) Report on SORT by Connie Metcalf; (24) Consideration of Authorizing Appropriation of $4,400 and Awarding Contract for Installation of Biological Filter Units in Moore Lake; (25) Consideration of Authorizing Supplenentary Funds for (bmpletion of Optivom Dnergency Warning System; (26 ) Consideration of a Resolution Designating the Minneappolis Star & Tribune as the City of Fridley's Seaond Official Newspaper for the Year 1985; (27) Consideration of Appointment to the Bousing & Redevelognent Authority; (28) Consideration of Authorizing Independerit Contractor for Snaw Removal; and (29) Report fran the Public Works Director on Coimty's Proposed Solid Waste Facility, and Consic3erata.on of a Resolution in Opposition to Such a Facility in Fridley. -1- •��_ i� � � • � i• �• . MDTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Sea�nded by �tmcilman Sd�u�eider. Upon a vaioe vote, aIl voting aye, l�yor Nee declared the motion csrried unanimously. QP£N FOFdJM. VISITORS• Mr. Maloolm Mitchell, Svoutmaster, introc]uoed menbers of Cub Soouts R�ck 131 iran Fridley's North Park Area. He stated these scouts were working on their citizens activity badge and learning a little about local goverrmem. I�yor Nee stated he was glad the Soouts c�ne to visit. PUBLIC HEARINGS: 1. PUBLIC I�ARING ON TF� SAI�E OF 54.360.000 IN I1�IDiJSTRIAL DEVEUJPNIENP BO1�IDS FOR TEIE O�LLIMBIA PARK CLINIC • NDTION by Cow�cilman Schneider to waive the reading of the public hearing notioe and open the public hearing. Sea�nc3ed tr� Co�.a�cilman Goodspeed. 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. Flora, R�.blic Works Director, stated this putalic hearing is in regard to the sale of $4,360,000 in industrial development bonds tb provide for aoquisition of land and the mnstruction of approximately 17,000 square feet of clinic and related medical facilities far Columbia Park Clinic. He further stated a�arking facility of approximately 254 stalls would also be vonstructed in aonj�ction with this project. Mr. Qureshi, ('�ty Manager, stated represeritatives frcm Cblunbia Park Clinic were present to answer any questions. Mayor Nee stated the Gouncil has had discussions regarding this proposed addition to Colunbia Park's medical facility. No persons in the audienoe spoke regarding this proposal for the issuanoe of industrial revenue bonds to finanve this project. NDTION by Councilman Barnette to close the public hearing. Seconded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee derlared the motion carried imanimously and the public heaing closed at 7:47 p. m. 2. PIJBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS• �ER CITY Tf�2EE IEVEL PUBLIC PARKING RAMP• M�TION by Councilman Fitzpatrick to waive the reading of the public hearing notioe and open the public hearing. Se�rx7ed by Councilman Schneider. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing oper�ed at 7:47 p. m. Mr. Qureshi, City Manager, stated the Colunbia R3rk Clinic, even with thei r proposed expansion, feel they still need more �rking and one of the -2- •• I yi 1 • � �+ I' �1' , solutions would be a public parking raap to servioe their facility, as well as adjoining properties. Mr. Qureshi stated because the Qinic does not have enough time to process this proposal through their Board, they are requesting the item not be a�nsidered further at this time. He stated because a substantial p�rtion of the impravenerit would be paid by Col�mnbia Park Clinic, they need further time. Mr. Qureshi also stated he has received the same indications from owrers of the Fridley Plaza Offiae Building. Mr. Qureshi stated further discussions are necessary to oome up with a solution which satisfies all parties. He stated, even though there may be changes in the laws next year regarding the financing, there isn't an agreement on the location and cost at this time. Mr. Qureshi felt, therefore, this iten should be tabled. N�yor Nee stated the item c�ould be tabled so the prooeedings renain open in the event an agreement is reached on a plan. He stated, if this is the case, everyone notified of this public hearing should be renotified. MYTION by Councilman Fitzpatrick to table this item indefinitely. Seconded by C;oimcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINFSS: 3. ORDII�NCE I�. 845 RDCODIFYING TI� FRIDLEY CITY OODE BY AMENDING CHAPTER 205 ENrITLID "?AIVING" SECTION 205.05: N�TION by Co�cilman Schneider to waive the seo�nd reading of Ordinance No. 845 and adopt it on the seoond reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE NO 846 REOODIFYING Ti� FRIDLEY CITY CADE BY AMENDING CHAPTER� E�TrITL,ID "QONlN1ISSIONS" SECrION 6.07: rDTD�N by Coimcilman Schneider to wai.ve the seoond reading of Ordinance No. 846 and adopt it on the sewnd reading and order publication. Seconded by Cbuncilman Barnette. Upon a voic� vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CbNSIDERATION OF APPOINl'MEIJt TO COMMUNITY DEVELOPMEI� COMMISSION (TABLED 10/211851 • M�TD'JN by Co�cilman Fitz�atrick to table this itesn. Seoonded by Councilman Schneider. Up�n a voioe vote, all voting aye, l�yor Nee declared the motion carried �u�animously. -3 - ��.J� 1 u��1�Y1 . �� • �+ I: �I' ' L�� 6. RDC�IVING LEX'�+,I, OPIDTION ON POLICE I11BnR ODTTI�2ACT ARID RFSOLtTPION DA. 91-1985 Ai1THORIZING F.XECUTION OF Tf� POLICE iJNION QONrRACT: i�yor Nee asked the City Attorney to evaluate the issues raised at the last �tmcil meeting. Mr. Herrick, Gity Attorrey, stated to surtunarize the opinion rendered by his offioe, it was their opinion it woul.d be a problem if the Council were to beaxne invalved in this question berause c� the restrictions cantained in the City CY�arter whi.ch indicates the acfiini.strative functions are to be cbne throuc� the City Manager and his staff. Mr. Herrick stated he checked with the State Auditor's Office and the information received f ran them was the City was on sound ground in not making a�ayment tntil the o�ntract was sic,�ed. Mr. Herrick stated he felt this was all probably made academic by the fact that the oontract r�aw has been sic�ed. Mr. Qureshi, City 1Kanager, stated the Contract has been executed by the Union and the Coimcil's action should Lie to authorize executicm by the City. M�TION by Cpt�cilman Sc�neicier to adopt Resolution No. 91-1985 Authorizing the I�yor and City Manager to execute the �blioe Union Contract. Seconded by Co�cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried unanimously. NEW BUSINF„SS• 7. Q9NSIDERATION OF APPRUVAL OF FII�,L PLAT. P. S#$5-05, MIDWEST ADDITION. �RAI,LY IIJCATID BEIWEEN HICKORY STREET AND MAIN STREET, NORTH OF 81ST AVENUE N. E.. BY I,DONAi2D W. VAI�SSE, AI�ID RDCEIVING A MEMfJ RE)GARDING RE1�NIING OF MIDWEST ADDITION PLAT � 1�11�LEN: Mr. Flora, Public Works Director, stated this plat wnsists of approximately 30 acres located to the rtiorth of 81st, bounded by Main Street on the east and Hickory Street on the west. He stated the plat divides the property into three lots, a large lot on the south c� approximately 16.8 acres and two additional lots on the north � approximately 6.1 acres each. Mr. Flora stated it has been brought to the developer's attention that the Cxty already has a pzeviously recbrded plat knawn as Midwest Addition and, therefore, the developer has requested the plat title be redesignated as the l�r-Len Plat. Mr. Flora stated the only outstanding stipulations reco�nended by the Planning Comenission are for an acoeptable landscaping plan and payment of the park fee at an anotmt equal to .023 times the total square footage of the pl at. HDTION by Councilman Goodspeed to apprave final plat, P. S. #85-05, Mar-Len, -4 - •�� I�1 1 • • �+ I' �I• . with the stipulation that an acoeptable landscape plan be submitted and a park fee to be paid in an amount equal to .023 times the total square footage c� the plat. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Irhyor Nee delcared the motian carried unanimously. 8. 44N�IDERATION OF APPROVAL OF FINAL PLAT. P. S. �85-04 , OAK RIVER EST�ITES. THE SAME BEING ?560 EASr RIVER �D, BY DC)tlG PETEFt.90N: Mr. Flora, Public Works Director, stated this glat is located just west of East River Raad and north � existing 75th Way, and invalves eight lots. Mr. Flora stated there was same wnoern about the existing structure and the Planning Conmission had revonmended it be removed. Mr. Flora stated the petiticner asked the Co�cil that it be allaaed to renain. Mr. Flora stated, if the existing house is to remain, it would need to be impraved by adding a breezeway and garage, with a hard surfaoed drive to the street. He stated the house would also have to be oonnected to sewer and water. Mr. Flora stated if the house remains, with the proposed addition, the oouncil would, in essence, be approving three variances. He stated the developer would also have to provide a 200 foot scale plat drawing; to salvage as marYy trees as is reasonably possible; the fee aar�r to execute a bikeway/walkway easement for the 15 feet alrng East River Road; and provide the C�ty with a letter af credit to ensure the petitioner would construct gates in the existing fenc�es of lots south c� 76th Avenue and to wmgl.y with renoval af all existing structures, except the house rn Lot 4, and provide for the impravanents to this house. Gbuncilman Barnette sta�ed a fanily who lives along 75th Way will end up with a street in their back yard and questioned if they could, in fact, build a garage that opens onto the new street, 76th Avenue. Mr. Flora stated they would have acoess to it. Mr. Doug Peterson, the petitioner, stated he would agree with all the stipulations, howe�rer, he would like to �ay the Fark fee when they take out the building permits. He further stated he would 1 ike the amount of the 1 etter af credi t rec7uoed f ran the $15,000 reootrmended by staf f. Mr. Qureshi, City Manager, stated in regard to the park f ee, this oould be paid at the time the building permit is issued. He stated he wanted to alert Mr. I�terson to the fact that this amount may change and the fee wuld be higher. Mr. Qureshi asked Mr. F�terson if he fett the timetable o� Jt�e 1, 1986 was realistic as far as making the impravane.nts to the existing house on Lot 4. Mr. l�terson stated there may be a�SOblen with putting in the hard surfaoed drivaaay by this date as he dic�'t want to make this improve�nent until the street is wnstructed which woulc�'t be �til spring. -5- 9. �� ly� �i�M1� � �f �+ !• �I' . Mr. Qureshi stated the timetai�le o�uld be ci�anged f rctn June 1 to July 1 and he would go along with reducing the letter of credit from $15,000 to $10,000. IrDTI�N by Cotmcilman Fitzpatrick to apprwe final plat, P. S. #85-04, Oak River Estates, with the fallc�wing stipulatians: (�) Road easement wer the southeast o�rr�er af 7501 Alc3en Way be granted to the City prior to final plat apprwal; (2) Petitioner agrees to assessments for all street and utilities; (3) F�titianer will cbnstruct gates in the existing fences of lots south a� 76th Avenue by JuZy 1, 1986 in order to help the homeaaners maimain the boulevard on the south side o� the proposed 76th Avenue; (4) All existing structures except the house on Lot 4 to be removed as the property develops; (5) Existing house rn Lot 4 to be improved by adding an attached cbuble garage with hard surface driveway by July 1, 1986; (6) Hook-up to sewer and water by pravided to this house by July 1, 1986; (7) F�titioner to provide 200 foot scale plat drawing for the records; (8) Petitianer to work out a drainage plan; (9) Petitioner will attempt to salvage as many trees as is reasonabl.y possible; (10) Fee awner to execute the attached street bikeway/walkway easement for the 15 feet along East River Road; and (11) Petitioner prwide the City with a letter af credit in the amount o�f $10,000 to ensure oomgletian of stip�a].ations 3, 4, 5 and 6. Flirther, the follvwing three varianoes be granted in �njunction with this plat: Lot 3, a front yard variance from 54 to 45 foot setback; Lot 5, a frorit yard varianae fran 49 to 45 foot setback; and Lot 4, where existing house is located, a rear yard variance fran 40 to 23 foot setback. Seoonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tu�animously. QONSIDERATION OF ITEMS F1aUM TEIE APPEAI�S COrM9ISSI0N MEETING 4F OCTOBER 15. 85: A-1. C�NSIDERATION OF A VARIANCE RE4UEST Z�0 RIDtICE FRONr YARD SE'I'BACK TO ALLDW O�NSTRUGTION OF A GARAGE, 7571 AIDEN in�Y, DIIJNIS A. inUOD• . Mr. Flora, Public Works Director, stated this is a request for a varianoe to reduce the front yard setback fra�n 35 to 13 feet, 2 inches to allow o�nstruction of a garage at 7571 Alden Way N. E. Mr. Flora stated the hardship outlined by the petitioner was the garage was needed�because of a family members handicap and security of business sup�alies. He stated the petitirner is requesting the garage be located on this side of the property in close proximity to the back door. If the garage was located on the east side, the petitioner states it would abut his i�edroans. Mr. Flora stated this iten was before the Appeals Comanission and a motion failed to deny the varianoe by a tie vate. Mr. Wood, the petitioner, stated he is proposing to build a 24 x 22 foot garage adjaoent to his hane. He stated a question had been raised that if this variance was granted, it would devalue other real estate in the � •�� i� 1 • ,� a� i• �• , neighborhood. He stated he had an appraisal done and this would not devalue, but increase the value, of other Fxoperties in the area. Mr. Wood sutmitted a drawing of the garage he wishes to oonstruct and a floor plan of his hane. He also submitted letters of approval from surro�ding property c�wners at 7548 and 7551 Alden Way and 161 Rickard Road who indicated favorable support of his prop�sal. Gb�cilman FitzFatrick stated the reoannendation fran the Appeals Catmission reflects two strong arc�nnents. He stated he can understand the objections and, an the other hand, he can sympathize with the �eed of the petitioner for a cprage. , Mr. Leroy Anderson, 7581 Alden Way, stated he would like a clear picture where Mr. Wood wishes to o�nstruct the garage. Councilman Barr�ette asked Mr. Wood if the garage would be in line with the rear c� the house. Mr. Wood stated he would �onstruct it that way, if the Cbimcil wished. He stated his initial prop�sal was to bring the garage back six feet fram the house, but would be willing to make it in line in order to have the garage. Mr. Anderson stated if the garage is o�nstructed where Mr. Wood wishes it to be located, they w�uld be looking at a 66 foot wall across their driveway. He stated, if the garage is oonstructed on the east side, it would affect only one sof t magl e tr ee . Mr. Anderson stated Mr. Wood had three people who indicated approval, haaever, he talked with rne af the residents, the Storla's at 7548 Alden Way, and they w�ere rbt opposed, but didn't state they supported it. He stated they felt it should be a decisirn by the Co�cil. Mr. Anderson stated he is not asking for anything more than what is in the ordir�noe. He stated there is roan on the east side of the house for a garage, without a varianoe. Mr. Anderson stated when the house was built, he came down to the City and was assured there was roam for rnly one house on that lat. He stated he i s being asked to pay the penalty for having them construct a garage now and questioned why it wasn't put in when the house was vonstructed. Mr. Anderson stated Mr. Wood was aware o� this problan when he purchased this property. Mayor Nee questioned Mr. Anderson on the position of his garage. Mr. Anders�n stated because c� the angle o� the lot, it was r�evessary for him to obta.in a varianoe in order to build an attached garage. Mr. Anderson stated the ordinanoe was put in for a good reason, to protect the people. Gbtmcilman Barnette pointed out they do have pravisions for the varianoe prooec�re whic�, i.n fact, I�. Anderson himself used. Mr. Anderson stated his varianoe request was only for two feet. - �- r�� I�i 1 • i� � 1' �1' . Mayor Nee stated the cas�s on both sides of the Appeals Catmission were very strong. He thought perhaps they may be getting into an area in this case where you are stretching the varianoe �xooedure. Mr. Herrick, City Attorney, stated he can see where it is a difficult problen in that az oorner lots, by definition the narraa side is oonsidered the front and the lrngest side is o�nsidered the side yard. He stated he is not too faniliar with �e reic�borhood so didn't know if that was haw the house was alic�ed. He stated if the house faoed Rickard Road and that was the front yard, the aetback would be 17-1/2 feet so you would be looking at what would be a relatively minor variance. He stated, apparently, the streets are not at right angles whid� makes it more aomglicated. He stated the rule on a var ianoe is there has to be a hardship cieqnonstrated in order for the Coimcil to grar�t. the varianve. �e �ual rule is it has to be shown that the property can't be developed in any other way. He stated whether this meets that test, he didn't know. He stated you have a situatian where there is roan for a garage on another part of the lot where a variance wouldn't be required. He stated this obviously isn't the petitioner's first choioe, but it is still a�hysic�l p�ssibility this wuld be done. . He felt this was the legal side they have to wnsider. I�yor Nee stated there is roan an the east end to o�nstruct the garage. He stated he hears what Mr. Anderson is saying and there are ways to lighten the oonsequences. He stated Mr. Anderson wasn't responsible for mis-si�ting of the house. Mr. Wood stated it would be impractical to Fut the garage on the east side of the house. Mayor Nee stated the reighbor shouldn't be asked to pay the prioe for a mistake in location of the house on the property. Q�tuicilman FitzFatrick felt they should try to accommodate the yarage in some way. He stated there are some obvious ways, one is to mvve it so it is flush with the back of the house and, another possibility, is to reduce the total. size. c:ouncilman Schr�eider asked Mr. Wood if and then possibly have a storage shed. able to get two v�icles in the garage f eet . he would o�nstruct a snaller garage Mr. W000 SLated he wvuld like to be and f el t i t woul a have to be 21 or 22 Mr. Anc�r�n st.ated a reduction in the size b� two feet wouldn't make that much differenoe in haa it would affect their progerty. Mr. Dennis Dittrner, 7595 A].c7en Way, stated it would make more sense f or Mr . Wood to put a r�np to the back of his house because if he built the garage an the west side, he would have steps to oontend with. Mr. Wood stated the floor plan for his home shaws steps going to the basement, but this would be changed and leveled out and acoess would be into the living area s�aaoe. Mr. Anc3erson stated he was not opposed to a ramp, a fence, or a storage a' •� r ��+ � • • a� �. �. , . . shed, but couldn't see a big wall which would cut out their light. He stated he only wants his property protected. Mr. Arthur Silseth, 7521 Alden Way, stated he would hate to look down the street and see a garage sticking out so far. He didn't feel it would be good f or the r�ei ghborhood. Councilman Fitzgatrick stated the real question is if they have a cl�nonstrated hardship. He stated he dic�'t know what degree it takes for this to be the determining factor. He noted, fran what the City Attorney stated, where there is room on the lot to build the garage in another location, it oonsiderably diminishes the har�hip arc�.anent. Ms. �t Gabel, Qiainnan of the Appeals Co�nmission, stated she felt Mr. Wood has a hardship. She stated if the c�arage were located on the east side of the house, Mr. Wood would have to change the whole house by putting a hole in the wall and losing living sg3ce. Mayor Nee stated he could build the garage without an inside door. Cb�cilman Fitz�trick stated it was noted in the Appeals Comnission minutes that living in the Minresota climate without a garage is a hardship. �uncilman Fitz�atrick asked if the garage was setback so it was flush with the back of the house, the size reduoed several feet, and if screening and landscaping were pravided, cnuld Anderson's live with it. Mr. Anderson stated they oould not and to reduce the size by only several feet woulc�'t make that much differenoe in imprwing their situation. Mr. Gladys Silseth, 7521 Alden Way, stated when you are on Rickard Road and proceeding to go down Alden Way, if there is a vehicle at Mr . Wood' s property, there de�initely is an obstruction. She stated if the Ander son' s were oaming out � their driveway and there is such an obstruction, it oould be real dangerous. oouncilman Schryeider asked Mr. Wood if the driv�aay oomes in fram Alden Way. Mr. Wood stated that was a�rrect. CAUncilman Schneider stated if the driveway came in frcm Rickard Road and if Mr . Wood oonstructed only a 12 foot garage, the wall taaards the Ander son' s would only be half o� what is proposed. Councilman Fitz�trick stated one o� the problens with that solution is it brings the driv�aay too close to the intersection. He felt perhaps the petitioner oould come up with an alternative proposal which may be acoeptable to the nei�bors, an�3 possibly reduoe the size cg the garage. M�TION by Councilman Fitzpatrick to table this item until the petit�oner oanes back with another �xoposal. Seoonded by Cbuncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - 9- � ��_� � �1 1 • y� a� r � • . Pr2. ODNSIDERATION OF A VARIAN�CE RE4UEST 'Ib ITfCREASE THE MA�CIMUM S41IARE �AGE OF A FREE STAI�IDING SIGN � ALiaW PLACEI� OF Zi�A PANELS ON Tf� EXISTING PYLON. 765-769 53RD AVENUE N.E., BY NORM B�I�DDY: Mr. Flora, Public Works Director, stated this is a request fran Pickwick Books to increase the maximun square footage o� a free standing sicp� frcm 80 square feet to 120 square feet to allaw the placement of two 20 inch by 11-1/2 feet panels on the existing pylon si�. Mr. Flora stated the hardship was that the property and building are located at an elevation which is Iocated belaw the main thoroughfare (Central Avenue) and that visibility is almost rionexistent. Mr. Flora stated the plaoement � these two panels on the existing sign is to identify two tenants of the building, Cost Cutters and Mr. Tax of America . Mr. Flora stated the Appeals Catmissirn reoo�mended appraval � the varianoe request with several stipulatians, whic� he outlined. NDTION by Co�.mcilman Goodspeed to grarit the varianoe to increase the maximun �quare footage o� a free standing sign fran 80 square feet to 120 square feet to allaa plaoe�nent c� two 20 inch by 11-1/2 foot panels on the existing pylon at 765-769 53rd Avenue N. E., with the follawing stipulations: (1) the additional 40 square feet to be allowed for two additional tenants at 20 square feet per tenant, as lang as there are two tenants in the building. If either o� the two tenarits should mave out, the square footage will be reduaed by 20 square feet; and (2) the 80 square foot sign to remain for Pickwick Book Store. If, for any reason, Pickwick Book Store should move, the 80 square foot sic��age for ttie rnw t�enant will be reduced to 40 square feet, making the total square footage or signage, with a maximuQn of two additional tenarits, to not exceed 80 square feet. Seconded by Councilman Sdineider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. (btmcilman Srhneider stated he renenbered apprwing the sign plan for this establishmerit and asked why this problen wasn't wnsidered at that time. Mr. Flora stated the original plan called for sign plans for the two addi ti a�al. tenants, but they naw real ize they cbn' t hav e enough v i si bi 1 i ty and are requesting additional sic,g�age on the p�lan. �3. O�ISSIDF�2ATION OF A VARIANCE RE4UEST TO RIDUCE TEIE MIDTIMUM DISrANGE OF A SIGN FROM ANY P12(JPE1�Y LINE FROM 10 FEET TO 0 FEET; Zt� INCRF•ASE TI� MAXIMUM SOig�RE FOO�.PAGE OF A FREE Sl'ArIDING SIGN. 7970 LINI� ERSITY AVENUE. N.E.. BY GERAL,D PASCHItE: Mr. Flora, Public Works Director, stated this is a request for a varianve to rec�uve the minimun distanoe o� a sign fran any property lir�e fran 10 feet to 0 feet and to increase the maximun square footage of a f ree standing sign fran 80 square feet to 160 aquare feet at 7970 University Avenue N. E. -10- • � � I �i 1 • �� } I' �1' , Mr. Flora stated the petitianer def ined his hardship as he would 1 ike to have o�ne nioe sic.y► in glaoe �' four analler ones to give tenants in the rear o�f the building sic��age and visibility fram University Avenue. He stated Mr. �schke would also like to use the existing base as one of the post supports for the r�w sic�. Mr. F'].ora stated the Appeals Conmissirn failed to approve the variance as there was a tie vote. Mr. �sc�ike, the petitianer, sutmitted a picture o£ his proposed 160 square foot sic�. �tmcilman Schneider questianed if an 80 square foot sic�n would be permitted f or a si ngl e dev el opment . Mr. Herrick, CYty Attorney, stated if you look at the literal language of the ordinance whicfi states an 80 square foot sign per development versus another area o� the ordinanoe which states you can have one si gn f or each street frontage, he felt there are streets on all three sides of this property. !�. Herrick felt the City would be hard pressed to say this wasn't two differer�t developnents. He stated it was aomgleted at two different times, but vwned by the same corporation. He stated there was no reason you ooul c�' t sell or�e and keep the other . He stated the �de requi res 80 squar e foot per developnent and instead of two 80 square foot signs, in this case, you would have a�e, 160 square foot sic�. Gbuncilman Schneider stated what they are actually doing then is waving the ric�-it o�f a p�lon sic� on one development in order to get a larger sign on the ather developnerit. Cbuncilman Fitzpatrick stated if one developnent was sold off separately, you would then have a 160 square foot sicp� on one Fart of it. Mr. Herrick thouc�t this oould be handled b� having an agreement by Mr. Paschke if he was permitted this 160 square foot sic� at one location, that is all that would be permitted on the two developnents, and would be enforoeable against him and any sucoessor who aans the property. Mr . Fg schke stated the Co un ci 1 appr ov ed a si gn pl an f or th e dev el opn ent whidi c$lls for an 80 square foot sicyz on each street. He stated he didn't think that is what the Coimcil wants or what he wants for this project. Cb�mcilman Barnette stated these requests oome up over and over again in differerit degrees. He skated he has arc�ed in favor � a large sicpz as lang as they are reasonable and not �attractive and will benefit Fridley. Gb�cilman Goodspeed asked if the ordinanoe states 80 square feet per sign per side � a total � 84 square feet. Mr. Herrick stated if you irrterpret it literally, it is 80 square feet. He further stated, when the Sign Code was adopted, if you had one frontage, you could have one sign; two -11- � �� . �_ �.�_�! � � ��L�l: �+• . froritages, two sic�s; and three frontages, three signs. He stated it was his uiderstanding that the signs on each street were to be the same size. He stated the question is whether it is or�e developnerit ar two. �w�cilman Goodspeed stated he didn't think the ordinance was meant to be that fluid so that you �uld add all the sic,g�s to4ether. Mr. l�schke stated he vould put an 80 square foot sign on all three streets which would make a total of 240 square feet. He stated this has been appraved in his sic,g� plan. He stated this is not what he wants and is sure r�ot what the Co�mcil wants. Cbt.mcilman Goodspeed stated if what Mr. R�schke states is true, he would go along with the 160 square foot sic�►. NDTION by Coimcilman Gooclspeed to grant the varianoe to reduce the minim�un distanoe of a sic,p7 from any property line froai� 10 feet to 0 feet and to i ncrease the maximtm square f ootage of a f ree standi ng s i gn f rom 8 0 squa r e feet to 160 square feet at 7970 University Avenue, providing Mr. Paschke assune total liability for location of this sign and if the two developnents ever beoome separate entities, the sign has to be removed. Seconded by �uncilman Schr�eider. Upon a voive vote, all voting aye, I�yor Nee declared the motion carried iuianimously. MOTION by Councilman Schneider to direct the staff to review the Sign Ordinanoe and discuss with the Commissions the useage and sign plans in multi-tenant or large buildings. Seoanded by ��cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ND'I'ION by Councilman Schneider to direct staff to pravide a oopy of an approved sic� plan, where one eacists, when they have requests for a varianoe to the Sic� Ordir�anoe. Seoonded by Councilman Goodspeed. Upon a voice vote, all voting aye, I�yor Nee declared the motion carried unanimously. 10. QONSIDERATION OF REQUEST REGARDING THE EAST RIVER ROAD BUSINESS CENTER SCULP'I'IJRE • Mr. Flora, Public Works Director, stated this is a request by the East River Road Business Center to glace a p4eoe o� sculpture on their property at the southeast �rner a� 53 rd Way and the East River Road servioe drive. Plr. Flora stated the sculpture is all Lmfinished steel and the dimensions are 27 feet by 27 feet by 30 feet high. 1�DTION by douncilman FitzFetrick to apprwe the plaaement o� this sculpture on the East River Road Business Center's property. Seconded by Councilman Schreider. Upon a voioe vote, all voting aye, l�yoz Nee declared the motion carried unanimously. -12- ��_ i� �_ � ,� a i• �• . 11. C�ONSIDERATION OF SETTING A PUBLIC HEARING FOR NOVEMBER 18. 1985 ON THE C�2EATION OF A MLR�IICIPAL DEVEIDPMENr DISI'RICT IN CENrER CITY: Mr. Qureshi, City Manager, stated the CAU�cil tableci the matter of a public p�arking ranp in the CQriter City, therefore, a public hearing is no longer reoessary, and no action is required on this itera. 12 . QONSIDERATION OF SEITII� A PUBLIC HFARIIVG FOR I�AVEI�ER 18 , 1985 ON A HOUSII� PF�JGRAM FOR A SPECIFIC PRQ7EGT. SYLVAN EIILIS. BY LOU LUNDGREN• NDTION by Co�mcilman Barnette to set the public hearing on this housing progra¢n for Nwenber 18, 1985 and to include all the homes along Mercury Drive in this public hearing notice. Seconded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RDCEIVING AGREII�Tr RDC�ING VIRUN F�Ii�D LOOPBACK: Mr. Flora, Public Works Director, stated David Harris is proposing to develop his property at the o�rner of Osborne Road and Highway 65. He stated, associated with �is developnent, is the requirenent to oonstruct a loopback frontage raad aro�md the Fridley CY�iropractic Clinic. Mr. Flora stated a meeting was held with Dr. Dahl of the Clinic and Mr. Harris regarding this proposed loopback. Mr. Flora stated an agreanerit was to be executed between the g3rties and presented to the C.o�mcil �is evening, hvwe�ver, he stated he dic�'t know if this has been acoomglished. He stated when this matter was discussed with Mr. Harris and Dr. Dahl, it was agreed a 40 foot road right-of-way w�ould be prwided with the entire amount of that portion of the easterly segment aoming frcm Mr. Harris' p�operty and the p�rtion along the s�utherly sec}nent to be split, 25 feet fran Dr. D�hl and 15 feet frcm Mr. Harris. Mr. Harris stated it was his intention to develop this pi.eoe o� property and was advised, in order for this to develop, it would be r�eoessary to provide the loopback. He stated he met with Dr. Dahl and tried to vome to an acoeptable agreenent. He further stated this was not accomplished and Dr. Dahl has lec�l �unsel p�esent this evening. Mr. Harris stated the benefits to Dr. LBhl would probably be very minimal. Mr. Harris stated he has turned in a petition to initiate steps for a public hearing. He stated he woul.d like direction on haa to prooeed so developnent can take plaoe on the property. ��cilman Scfineider asked why the loopback is required. Mr. Flora stated on Osborne Road there is a median so you can only prooeed eastbound so the loopback is required to take traffic away from the ir�tersection and also for the traffic prooeeding westbound. Mr. Gabe Gian�la, attorrey representing Dr. Dahl, stated a petition was preserited by Mr. Harris to Dr. Dahl. He stated, in reviewing the petition with Dr. Dahl, he poirrted out several pitfalls as far as t31e o�ntents. - 13 - r�� 1 1�1 1 • y� � i• �1• � �� Mr. Gian�la stated Dr. L�hl appreciates Mr. Harris' position in trying to develop this property, haaever, the benefit to his client is very minimal. He stated if Viron Road is vacated, Dr. L�ahl would c�in approximately 6,000 square feet, however, this would happen whether or not the Council granted the petition by operation of law. He stated Dr. Dahl has adequate acoess to his business and there is no need for aoaess in any other direction. Mr. Gianvola stated if the loopback is implenented, this puts Dr. Dahl into a mn-conforming use in that the east property line would be within approximately 15 feet f ran the new frontage road. He sta ted th i s put s Dr . L�hl in the pc>sition where he may riot be able to rebuild in the event of a disaster where his building was destroyed. He questioned why Dr. Dahl should take az the added financial burden for these assessments for the loopback when the beref it would be very minimal. Mr. Giancola stated Dr. Dahl appreciates Mr. Harris' problem in the developnent of his property, but believes he should not have to be responsible for assessments levied against his property. He stated for these reasons, he is opp�sed to the loopback. Mr. Giancola stated Mr. Harris shoc.�d stand the financial burden in developnent af his property and have the loopback on his property and assune the asse ssnent s f or const r ucti on of the 1 oopba ck . He sta ted i t i s Dr . Dahl's p�sition he is not benef itting by the impravetaent and real izes Mr . Harris' position, but he is not in a position to assume financial responsibi�ity or put himself in a p�sition where it might downgrade his property. Mr. Qureshi, City Manager, stated it was hoped there would be a mutal agreenent by the two parties, haaever, since this is not the case, the Cotmcil will have to determine if the improvenent should proceed and who should pay for it. Mr. Herrick, C�ty Attorrrey, stated he wanted the record to show he has an irrterest in the property and if there is any le�gal work neoessary, he wouZd r ef er i t to (� rl Newqui st to handl e. Mr. Harris stated Dr. Lhhl would be giving up 5,000 square feet along his south bou¢�dary in exchange for 6,000 square feet in front of his property. He felt as far as distribution of property, he felt it was equitable. Mr. Gianoola stated the fact renains the 6,000 square feet Dr. Dahl gains, he doesn't need. Mr. Qureshi stated frcm the planning point o� viEw, the City's position was to Ixc�vide the loopback. �e question here on who pays for it may have some validity and perhaps this wou].d be negotiable. He stated this may be a case where there may be some City participation, at least frcm Dr. Dahl's pc>int, as he al ready has c3eveloped property. Mr. Herrick questioned haw persons coming f ran the north get to Strite- Anderson. Mr. Qureshi stated they prooeed south and then cross over the hic�way to go back north which makes for a hazardous crossing. - 14- � �� 1 f�1 1 •, • � i: �I• . Mr. Qureshi stated the City was given the impression there was an agreenent, but perhaps more work is needed. Mr. Gianoola stated they were not adverse to discussing it further. Mr. Harris stated because Dr. Dahl's building is so close to the east , bo�,mdary, he would take 40 feet o�f his property. He stated that is 8,000 feet and another 3,000 feet r�ning east and west so they can imglenent this project. He stated on the expansian of �operty, Dr. L�hl would oame out on the plus whi.le he would oane out an the minus. Mr. Gian�ola stated Dr. Dahl is fine in the posture he finds himself in today. He has acoess and a building in o�nformance with the code and the benefit for him would be nil. He stated they would keep the lines of oomnimication open and would have to leave it at that. Mr. Harris stated there is a need to merchandise paroels A& B and if they ooritinue to table, in lieu of working out an agreenent, these busir�esses may locate elsewhere. He stated he would 1 ike to continue the negotiation prooess if the City w�ould give permissian for him to go ahead and develop rather than delay the potential buyers to work out the service drive prohl en. N�. Gianoola stated they are not trying to stop Mr. Harris from marketing his two paroels. I�yor Nee stated Mr. Harris has the power to market his property and the Council has the p�wer to authorize the improv�nent, with or without a petition. He stated he personally felt it shouldn't develop without a 1 oopback . I�. Qureshi stated he felt the CAUncil has to make a determination if it makes sense from a planning point o� view. �e benefit of who pays for it is an open guestian. He stated the Co�cil has expressed many times that this impravenent should be done. He stated a resolution o�uld be brouc�t to the Qotmcil ordering the public hearing and staff would cantinue to work in trying to resolve soane issues. He felt it would be a mistake to proceed without this imprwenent. NDTION by Cotmcilman Schneider to direct staff to prepare the appropriate resolutioci and plans to begin the pcooess of the frontage road and loopback on Viron Road. Seoonded by Co�.mcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motirn carried unanimously. 14. RF�LUTION NO. 92-1985 REGARDING LOT SPLIT, #85-07. 5586. 5570. 5560 FILLl�IORE STRF,E,T. BY KEIJr ROESSLF�t: NDTDDN by Coimcilman Sc�u�eider to acbpt Resolution No. 92-1985. Sev�nded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee c3eclared the motion carried unanimously. - 15- �� I�i 1�_ � �� i• �1• M�TION by Councilman Barnette to receive the oovenant regarding these properties for zero lot lines and authorize the Mayor and City Manager to execute this oovenarit. Seoonded by Councilman Schneider. Upon a voice vate, all voting aye, I�yor Nee declared the motion �rried unanimously. s 15. RE.S�OLUTION N0. 93-1985 FOR TE� SAL�E OF 514.000.000 IN HOUSING REVENUE BONDS FOR THE PROPOSED HOUSING PROJECT IN CENTER CITY (FRIDLEY S4UARE PLAZA I�IMITID PARZ�RSHIP) : NDTIDN by Coincilman Goodspeed to adopt Resolution No. 93 1985. Seaonded by Cfl�cilman Barrette. Upon a vaioe vote, all vo�ing aye, Mayor Nee declared the motion carried unanimously. 16. �2F�90LiTrION NJ. 94-1985 GIV�NG PRELIMINARY APPROVAL TO THE COLUMBIA PARK P�JPERTIES PRQ7FX,T AI�ID THE SALE OF THE I1�IDUSTRIAL DEVETAPMENr BO1�ID5: HDT�UN by Cbw�cilman Fitzpatrick to acbpt Resolution No. 94-1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. C70NSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SP'ECIFICATIONS FOR Tf�2EE LEVEL PUB,LIC PARKING RAMP PROJECT IN CENTER CITY A,�ID AUTHORI ZING THE CITY ZO ENi�R INln AN AU� WITH BWBR F'OR TFIE DESIGN OF Tf� PUHLIC RAMP• No action was required at this time since the public hearing for oonstruction of this parking ramp was tab�led indefinitely. 18. CONSIDERI�TION OF A RF�90LL�ION URGING �I�RES.S Zt� EXEMPT PERMIT REQUIREMENTS FOR MUNICIPAL Slt�RM V�TER DI9CiiARGES: Mr. Flora, Public Works Director, stated Congress is currently considering amenc�nents to the C1ean Water Act and the p�oposed legislation would require the issuanoe of National P�llutant Discharge Elimination Systems for each separate storm water disc�iarge point. Mr. Flora stated if this legislation is passed, every culvert that exist onto a creek, lake or river would require a permit. He stated every pipe in the City w�ould have a d7arge. It was the general feeling of the Council they would like further information regarding this proposed legislation. NDTD�N by G�uncilman Barnette to table this item. Seoonded by Councilman Goodspeed. Upon a voioe vote, all voting aye, I�yor Nee declared the motian carried iu�animously. 19 . APPOINII�Nr - CITY E�LUYEE • I�DTION by Councilman Barr�ette to o�ncur with the follawing appointment by the City Manager: S"�PIl�IG S'rARTIl�IG N�E PO6IT�1 SALARY OATE REPLAC�S Julie Ngrie Burt 8128 Zar�e Ave. N. Brooklyn �hrk, M�1 55433 Assistant $24,000 #201 Fir�nae �r OFfioer Year Central Servioes Department -16- Nweaber 8 Noel 1985 Graczyk • i� � �. • a� r �• . Seo�nded by (buncilman Sdzneider. Upon a vaioe vote, all voting aye, Mayor Nee declared the motian carried unanimously. 20. CGAIMS: PDTIDN by Co�cilman Fitzpatrick to authorize Fayment of Claims No. 005150 through 005376. Se�nded by Councilman Sctineider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. LICEIVSES • NDTION by Goimcilman Schrieider to apprwe the lioenses as submitted and as on file in the Lioense Qerk's Offive. Sev�nded by Gb�mcilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22 . ESTIMATES - M?TION by Co�cilman Goodspeed to approve the estimates as sutmitted: H & S Asphalt Cang3ny 1700 Inchistry Blvd. Anoka, Minnesota 553Q3 FIlVAL ESTIMATE $19,551.53 Street Impravenent Project ST 1985-1&2 Beerman Servioes 6900 Dixie Avenue East Iriver Grwe Heights, MV 55075 City Recycling Progran �ees for Nbnths of J�e - August 1985 $ 2.499.99 Se�nded by CA�cilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. 23 . REPORT ON 90RT BY QONiVIE l�.TCALF : Ms. Metcalf stated the SORT Board has agreed to disoontinue ru�uiing the SORT coll ecti on center . She stated they have accompl i sh ed many of th ei r objectives where people �uld bring their recyclable materials. She stated they worked through the schools and various organizations to educate residerits in recycling. She stated, after operating the oenter for six years, the Board is kind of "burned out". Ms. Metcalf stated one c� the main objectives was to get curbside pickup established in Fridley and this was acoanplished. She stated she hoped this progran would be sucoessful and �ntinue. I�yor Nee stated this matter has been referred to the Envirormental Quality -17- ��,: � i�+.�.�,_ � • � i• �• • Oo�miission. He felt it may be a good idea for her to speak to the Cos�mission and give then the SORT Board's reoomnendations. Ms. Metcalf stated they have found, even with the curbsic3e pickup they are still having many materials turned in to SORT. She stated they have aollected aver 900 tons of materials. Ms. Metcalf thought �ere were many possibilities for the oenter to oontinue with possibly having a City Commission involved or a new Board be constituted with a part-time adninistrator hired to take responsibility for scheduling groups to man the oenter. She stated both Mr. Beerman, who is the hauler for the City's curbside pickup, and Mr. Frank, who has been SORT's hauler, expressed interest in keeging the rec.ycling ,oenter. tbuncilman Barnette asked Ms. Metcalf when they would be diso�ntinuing their serviaes at the oeriter. Ms. Metc�lf stated it would be Devember 31, 1985. Mayor Nee and all members of the Council expressed their sincere appreciation to Connie and the SORT Board for all their tr�nendous efforts and personal sacrifives in organizing and participation in this recycling ceriter . 24. QONSIDERATION OF ALT!'f�i�RIZING APPROPRIATION OF $4.400 AND AWARDING CONTRACT F'OR INSTALIATION OF BIOLOGICAL FILTER UNITS IN MOORE IAKE: M)TD�N by Ootmcilman Schneider to authorize the acfiinistration to avoept the proposal fran D. H. ffiattner and Sons, Inc. and spend $4,000 to install vertical drains in the Moore Lake biological filter unit. Seconded by On�mcilman Barnette. Upon a voioe vote, all voting aye, I�hyor Nee declared the motion carried tmanimously. 25. O�NSIDERATION OF ALfl'HORIZING SUPPLQ�ARY FUi�IDS FOR Q�MPLETION OF OPTICOM F.MERGEIVC.'Y Tn�►RNING SYS.L'EM: I�DTII�N by Coimcilman Srhneider to authorize acfiinistration to spend $3,700 in an attanpt to bring some resolution to the Opticom energency warning systen. Seoonded by Coimcilman Fitzpatrick. Upon a voice vote, all voting aye, I�yor Nee declared the motion �rried unanimously. 26. RFSOLtTrION N0. 95-1985 DESIGI�,TING TFiE MII�IlVF�IPOLIS STAR AI�ID TRIBUNE AS THE CTTY OF FRIDLEY'S SDOOPID QFFICIAL NFWSPAPER FOR Ti� YEAR 1985: IrDTION by Cb�mcilman Schneider to ad�pt Resolution No. 95-1985. Sec�nded b� ��cilman Barnette. Up�n a voioe vote, all voting aye, I�yor Nee declared the motion oarried �u�animously. 27 . QO�I.SIDF�tATION OF APPOINI'MENr Z� TI� H�USII� & RIDEVELOPMENr AtTPI�RITY :[ BO 8} Mayor Nee stated he reoeived the resic�ation of Carolyn Svendsen f ran the Housing and Redevelopnerit Authority as she will be leaving tawn. N�yor Nee nominated Virginia Schnabel for appointment to the Housing and Redevelopnent Authority to fill this vacancy. -18- �� I�i 1 •, y� � �' �' • � � I�DTD�N by Co�cilman Fitzpatrick to wncur with the rnenination of Virginia Schnabel for appointment to the Housing and Redevelopment Authority. Seoonded by Co�mcilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 28 . aDI�1.SIDERATION OF AUI'HORI ZING II�IDEPETIDE1�Tr COIJrRAC'IOR FOR SNOW REMO VAL ;[ BO 8] Mr. Qureshi, City Manager, stated the City needs additional snaw r�noval equipnent to facilitate szow renoval operations in the City. NDTION by Coimcilman Sc�neider to direct the City Manager or his staff to authorize an independerit a�ntract to augne.nt snow removal efforts with an additional pieoe o� siow removal equignent as implemented by the Public Works Departmerit. Sewr�ed by Cotu�cilman Barnette. Up�n a voioe vote, all voting aye, Ngyor Nee declared the motion carried unanimously. 29. R_F.PpRT F�M PUBLIC WURKS DIRECIOR ON Tf� 00UNPY' S 9QLID �E FACILITY [B00] A�`ID RFSOLUrION N0. - 985 IN OPPOSITION TO THE COUNTY' LID WA TE DI SAL FACILITY BEING IA('ATED IN F`RIDLEY: Mr. Flora, Public Works Director, stated the Co�ty is investigating sites for a Fxoposed solid waste disposal facility. He stated one site being considered is located in Fridley ryear the prop�sed truck terminal on 81st Avenue. He stated the Co�ty's o�nsulting finn has indicated Fridley is the most expensive site. Mr . Flora stated the Co�mty is well �aare � the City' s po si ti on rega rdi ng this type of disposal site. Mayor Nee felt perhaps the Council should take a formal action in opposi ti on. M>TD�N by Cb�mcilman Barriette to acbpt Resolution No. 96-1985. Seoonded by Co�mcilman Schneider. [Jp�n a voioe vote, all voting aye, Ngyor Nee declared the motion carried i.manimously. f�.�Iir�►��+�� M�TION by Councilman Barnette to adjourn the meeting. Co�cilman Schneider. Upon a voioe vote, all voting aye, l�yor the motion carried unanimously, and the Regular Meeting of the Cb�mcil o� Navenber 4, 1985 adjourned at 11:08 p. m. R�espectf ully sutxnitted, Carole Haddad, Secy. to the City Coimcil :.. .. -.A �� -19- Will ian J. Nee, Mayor Seconded by Nee declared Fri dl ey Ci ty 1 l�TI� �' AJBLIC HF�4RII� CITY OF F1�III,Ey C� IJI'Y OF AN� STATE OF lQI�IIdFSOTA �I� � H�Y �� that the Ci ty Council (the "Council ") of the Ci ty of Fridlc�, Cour,t�, � p�{�� State of Minnesota, will hold a public hearing on �'1°�aY► Nwember 18, 1985 at 7:30 p.m. at City Hall in Fridl relating to adoption of a Housing Program �'� 1"liMesota, Chapter 462.03, as amended. The Housing Pr ogr�,twill�p esent sp cific information relating to a p�op�sed housin 1, Sylvan Hills Plat 6 and Lot 1, Blo kPl�� to be located on Lot 1, Block �� •�E property is bordered on t,}1e �� lvan Hil l s Pl at 7, Fr i dl ey , on the west by RAD the M�nufacturing ComPanY• onbthe southeb�Y Sate 1 ite Lae, � bY I"li ssi ssi ppi Street on the ror th. Zt� e pr opo sed pr oj ect mnsi st s of an a building and a 2 level �d�rground Pproximate 234 unit, 12 story apartment Fridle}� Square p�sso�iates Limited paattrership�Ittis tO �°pnstructed by t,he wi11 be fir�nc�ed by the issu�n� � Housing Revenue o d Sin anaamountpnot� o exceed S13.000,000. All irrterested persons ma�, appear at the on th� Housiny Prograr; orally or in writing lic hearing and preserit their views BY ORIER OF �iE QTY QX:NCIL WILL IAM J. NEE. MAYpR A�BLICATIDN I]qTE: MIh'NF�,LS SI'AR AND TRIB[JI�. I�VB�11rBER 3. 1985 - - � -- - ••�. � .L a= ��•_ . ly' � � � Pv� 9�.� � � Z .L��:/� i.710 71/ -' 43� � i� � � " .. • � + fI � �� ; lI/�•ri /} • �• :� • '� � I� � • . .. �. ��. i i! �� • ' � �� • a`\r "�► ! 2 • :l� ��.. .... � , � �� f, � • . , � . s• �6►�0 ' bTOO. ,�� Il�"' '' 6'� ''e = -: ,�-- . 1 A 'b1Q�'_, . : � 70 p : _. "" ' . ". . Z� �,e � '♦ � " �� : �tii . w `� y•i '• '''Oi� 4 -+ ; %�ry � ' .75� 3bo ' ' ' . '•••�b =' ti''� � W / ; d • -� �. .. 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F��'F3�st:�;,� ._. ��"�� at+njl fF,. �� -'� �ry�' +� �11 i �' ��+ �1 /�� . � r�'�. , ��' ::ai t� + w+ � tr-�' xq�.�l � ` _ iK� ,�i,� ��•��, 1 � �� , �,�! � ,�,� j � �� ; �� —� � ��T�N_ +,�+i; :� �' e:�e .�..r.. `� �:. �� 1 ��\r I./^ A � �_�5.�� r1 � � , a�l 1 r, , ' � ��9' �w' � i �'r :� .�j��, 7� � . ,�� "� ndi'tif�� r:n.�F��t'/F ��.-�1:. � 1'c,. �4 1�� I;i1��F{ � � '' `� .� �r ��t- , �i+ r�i��!��,'1,Wt �� }�',� �'." Y .�`.'�� '$�'�''� ��..� i:. °� -- t.,: ; •,x�,•., 'c � t �-.. h � �ii ��.� � � �•;►��'.a..... �- ��' �,� F; '� � . � . , � ... +` , �;�: 4 •.��, �� "+� � `� � , : *�� I� = : ��. `� �.%.� �. A • '' j' F "� ��«r� " � ; d �3��1-+r� ��'i� �, y , I'C��«, � , ar t ' i"4'ry .. .� , . ;� i, r . ��; �- �1 �.-. 2 I�UTI� OF F�IBLIC HFARII� BEF�RE �3 E QTY Q� NCLL NOR'I� LS HII�BY GIVFN that there Will be a public hearing of the City Council o� the Ci ty of Fri d1 ey in the Ci ty Hall at 6 431 Universi ty Avenue N. E. on t�bnday, Novenber 18, 1985, in the Gb�cil Chanber at 7:30 p.m. foc the purpcse af : Pursuant to Minnesota Statutes, Chapter 273.74, on a prop�sal af the Housing and Redevelopnent Authority in and for ti'P CitY af FridleY, Minnesota, requesting the establ ishment of Tax Increment District No. 6 within the Authority's Redevelopnent Project Area No. 1 and the adoption of a Tax Incra�erit Financing Pian for said tax increment district, the expansion of the Redevelopnec�t Project Are� No. 1, the amen�ent of th e Re�devel oFmer�t Pl ar� f ar th e Redevel oFment Pr oj ect Ar ea No. 1 and the anendine.nt c� the Tax Increner�t Plans far T`ax Increnent Districts 1 throuc� 5. Ttre plan includes the property generally located in Auditor's Subdivision No. 155, Lots 3, 4, and 5; and in Donnays Lakevi� I�nor Aod.ition, Lot 22, 81ock 10 and Lot 5, Block 5, in Fr i dl ey , I� nne sota . All irrterested persons rray appear at the hearing and present thei r views on the proposal orally or in writing. W II.L IAM J. NEE I�+�cOR Pu Cl i sh : Nav enber 4, 1985 ` �'_ 'ji _ � ! r.� . " ,� `�. In U ,'/� � � .. ti . �'�i , : .�, , ...,�w _ . - -� . , �t � 4 (/� � �" � � , ; � �� U,v i . �• , - {A o, � f ��e �`� `� y N � .d � • t'c i �. � 7�r _ �. r I . ..... . •' � _ ' S '' � � � � ' , •--• • .... ./ • �� I � • � � � � � � � � • • � � � � � � � � � I� ! . � � • • � � � � � � � � � � � • ••��•�� R � � • � � • • � � � � � � � � � � � � • � � •��.�•� {Jf: '. 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M :;" pRIVE : • ar v� .� • . d� � � �� J • • �3 . ; .r � . . • * . i: a : +S , � � ;'Y� � � . -�•i /�, 2A 0 PUBLIC HEARING BEE'ORE THE FRIDLEY CITY COUNCZL To Hhom It May Coacern: Pursuant to the Ci ty of Fridley Cable Television Franchise Ordinance� Section 405.13. Subdivision 4, Aotice is hereby given Lhat there vill be a public hearing before the City Council of the City of Fridley in the Council Chamber of the City Hall at 6431 University Avenue Northeaast on Mohday� November 18� �985 at 7:30 p.m. Lo consider the follawing matter: TRMSFER OF CONTR�, OF STORER COI�tITpICATIONSti D�ICORPORATED TO SCI HOLDINGS, D�IC. The Transfer of Control wouid De accomplished by Lhe merger of SCZ Merger �rP•� a subsidiary of SCS Holdiags, Ine., into Storer Communications� Incorporated. Both SCI Holdings, Inc. and SCI Mer er Cor corporations orgar.ized by Kohlberg Kravis Roberts and Co. pUpon consum tion of Lhe merger, Storer Communications, Incorporated xill De the surviving corporatfon and be oxned by SCZ Fioldiags, Inc. 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 WILLIAM J. NEE CITY OF FRIDLEY Publish: October 28� 1985 November 4, 1985 3 3A MEMO T0: Nasim Qureshi, MEMO FROM:� Cly e Moravetz, (� ty Manager MEMO DATE: October 18, 1985 Cable Coordinator R�ARDING: Public Hearing in Lhe Matter of Transfer of Control of Storer Communications, Incorporated to KKR Associates (SCI Holdings, Inc. ) The Cable Television Commission at their meeting of October 17, 1985 suggested that the City Council schedule a public hearir.g for the above mentioned transfer of control. The Council and Cable Commission has previously received the folloxir.g correspondences: Septe�ber 12, 1985 September 13, 1985 Letter to Mayor Nee fron Ron Abra�s� representi ng Storer� requesting approv2l of the transfer of control. Memo from �self discussing various options available to the City. September 27, 1985 Letter from Gary NSatz, City Legal Council, to Ronald Abrams requesting tWelve additional items needed by the City in order to corsider t.t:e transfer request. Our attorney�s office is noK in receipt of the materi�l relating to the tuelve items ir. the September 27� 1g85 letter. I xill receive the packet of materio.l today and will be revieuing the documents xith Gary Matz over the next several days. Ronald Abrams informed me and the Cable Commission of Storer's target date of December 15, 1985 for closing on the proposed transfer. If the City is to accommodate tris time table, the Council could schedule� at their October 21, 1985 meeting, a public hearing for November 18, 1985. Approval, need for further review or City denial could then be made at the December 2, 1985 Council meeting. If approved, the necessary arrangements, agreements, etc. including transferees signatures to the letter of commitment ar,d Cable ordinance could be accomplished prior to December 15, 1985. I Will keep -you informed on ar�y further developments When they occur. CM/dm A+ 85-330 4 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOME IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east on November 18, 1985 at 7:30 p.m, on the question of issuing a regular On Sale Liquor license to Sandee's Resturant for the property located at 6490 Central Avenue Northeast. Anyone having an interest in this matter should make their interest known at this public hearing. RICNARD PRIBYL ACTING CITY CLERK Publish: October 28, 1985 November 4, 1985 APPEAL 0 ISSION MEETING, OCTOBER 15, 1985 PAGE 3 Mr. Betz ld stated he was not sure the hardship as st.ated was very clearly defined, hat the petitioner was proposing would take up most of the existing ba yard; however, on this particular block, there are about ten hor�es that sh re what is one large comnon back yard, He did not recall seeing any oth property like this in the citv. When he looked at the property, he fel it would not be offensive to add on to the back of the house because the etitioner was clearly not enfringing upon anyone else's area. The closest use was pretty far away. Fror� that circumstance, the proposal was well wit in the code's intent, Because of the uniqueness of the lot, he would be in fa r of the variance as requested. Mr, Barna stated that if t e one nei9hbor most affected had no objection� and as Mr. Betzold had point ou this was a unique situation, he would have no objection to the variance. Mr. Pler�el and Ms. Gabel stated �e did not object to the variance re�uest. MOTI�.ti' BY MR. BETZOLD, SECONDED BY . BARNA, TO APPA.Ot'E A VARIANCE RE��'EST p�'R�:.%%+.':T TO CXAp:ER 205 OF THE FRIDLE} CITY CODF. Tn R£DL'CE THE REAR YARD SETBACK FRO"' .32 FEET TY� 14.70 FEET 71') R k' TNE COh'STRUCTION OF A LIl'IA'G ARFA ADDI?ION ON LOT 6, BLOCJC ?, JULI-A1VY ADD ION, TN.E SA.ME BEIhG 62II RIVER:'IEh' TERRACE N.E. UPO.ti A VnICE VOTE, ALL VOTING AYE, CNAIRPFP.SO". GABEL DECLARED THF. MOTIO:� CA.�?IED UNA�'IMOUSLY. 3. CONSIDERATION OF A VARIANCE RE(IUEST PIIRSUANT T(1 CH�PTER 205 OF THE FRIDLEY r� � . �, t i �� . , � � eques y enn�s oo , en ay .., r� ey, n "!O:IDl1 BY MR. PL£M.EL, SECONDED BY MR. BETZOLD, TO OPEN TXE PUBLIC HEAP.Il:G. UPDA A VOIC£ VOTE, ALL VOTING AYE, CXAIRPERSOl� GABEL DECLA.RED TXE PL'BLIC HEARItiG OPEN AT 7:46 P.N. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 7511 Alden Way N,E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.1 requires a front yard with a depth of not less than thirty-five (35) feet. Public purpose served by this requirer�ent is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. 6A APPEALS COMMISSI�N MEETING, OCTOBER 15, 1985 PAGE 4 B. STATED HAROSHIP: °Permission needed because of family members handicap and security of 6usiness supplies.° C. ADMINISTRATIVE STAFF REVIEW: A previous owner requested a similar variance in 1961 which was denied. That request was for a 13.2 foot setback from Alden Way, There is a 15 fcot boulevard on Alden Way which would put the proposed garage approximately 23.5 feet from the curb. There is room for a detached garage on the east side of the house. This location would not be adjacent to the rear door of the existing house. Ms. Gabel stated that in the agenda was a copy of the public hearing notice with a note attacf�ed to the bottom of tF�e notice which stated: "We are opoosed to tt� renuested variance due to the a�pearance and feel it would affect the property values of the neighborfiood as well." It was signed by Gladys Silseth and Arthur Silseth. 1NOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO RECEIVE TNE LETTER DATED OCTOBER 10, 1985, FROM MR. 6 MRS. SILSETH STATING THEIR OBJECTION TD THE VARIANCE, UPON A VOICE VOTE, ALL VOTING AYE, CKAIRPERSON GABEL DECLARED THF. MOTIQN CARRIED UNANIMOUSLY. Mr. Clark stated the Commissioners had a picture of the house where the qarage was proposed and an aerial photo of the property. He stated M��. b Mrs. Silseth live at 7521 Alden Way which is three houses to the south. Mr. Clark Stated that as stated in the staff report, there was a similar request which was denied in 1967. A copy of the Sept. 27, 1967, minutes were included in the agenda. Also stated in the staff re�,ort was the fact that there was room for a detached garage on the east side of the house which would require no variance. Mr, Dennis Wood stated he had prepared some booklets which explained the pronosPd construction. On one page was a drawing drafted by an engineering firm sh�wing the site lines as the driver would be approaching Alden Way on Rickard Road and showing the proposed new construction from the curb line. There was approxi- mately 31 ft. to the closest corner of the proposed garage. Mr, Clark stated that the original petition was for a detached garage 6 ft. away froM the house. Was the request changed to an attached garage? Mr. Wood stated the proposed garage would be attached to the house. 6B APPEALS COMMISSION MEETING,�OCTOBER 15, 1985� � PAGE 5 Mr. Clark stated this would change the front yard variance request from 35 ft, to 8 ft, to 35 ft, to 14 ft. Mr, Wood stated the proposed size of the new garage would be 24 ft. wide by 22 ft, deep. There was a page in the booklet showina the elevations as th� garage would look facing it from Alden Way and Rickard Road. A page also showed the floor detail indicating they plan to put in a handicap ramp so family members can get in and out easily. They had appraisals done of adjoin- ing properties which indicated tf�e new construction would not devalue or deface other properties. Mr. Wood stated he had two letters, one from an adjoining neighbor ooposing the garage to be built on the opposite side of the house, and the other neighbor not opposed to building the garage at tf�e proposed location. MOTION BY MR. PLEMEL, SECONDED BY MR. BETZOLD, TO RECEIVE INTO THE RECORD THE TWO LETTERS FROM AATOIJlING PROPERTY OWNERS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERS�N GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Wood stated that both his parents are disabled and in wheelchairs. His father has Parkinson's Disease, and his moti�er is ter�porarily disabled with a broken ankle. His father is unable to get out of the car and by building the garage attached with a ramp, he would have a secure place for his father to come about three times a week as he needs to have periodic checkuns at the hosaital. Mr, Wood stated securitv was also very important to them because he has business supplies delivered to his home. If the garage was constructed on the other side of the house, they would not be able to see it very well and things would be less secure. Mr. Wood stated that also if the garage was constructed on the other side of the house, there were bedrooms on that end of the house so access froM that side of the house was not feasible. Access would be difficult as they would have to walk around either the front or the back to gain access. By placing the garage where it is proqosed, it would also act as a windblock as far as energy conservation. Mr. LeRoy Anderson, 7581 Alden Way, stated he iived directly to the nortb. He stated he objected to the variance for a garage in 1967, and he was still opposed to it. He was going to have roughly a 65-66 ft. wall staring at him from his back door. To him� it was too large a variance from the front of his house. Ms, Gabel stated that part of the problem with this request was the techni- cality in the code that the narrow part of the lot becomes the front yard. 6C APPEALS COM�IISSION MEETI�iG, OCTOBER 15, 1985 PAGE 6 Ms. Joanne Anderson, 7581 Alden Way, stated she was home all would be looking at that wall all the time. She stated they to build a privacy fence and he has a shed. The snow really there now, and a garage would worsen tf�e sftuation. day, and she allowed Mr. Wood piles up along MOTION BY MR. BETZOLD, SECONDED BY MR. �ARNA� TO CLOSE TXE PUBLIC XEARING. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED THE FUBLIC HEARING CIASED AT 8:23 P.M. Mr. Plemel stated he was sorry to hear the neighborhood objection. He thought the garage where it was proposed was the logical place to put it, and he did not think it would impair the ]ine of vision becuase of the trees in there now. He stated Mr. Wood has 3-4 vehicles and it is best to get them inside in this northern climate. Mr. Barna stated tf�e main thing he had trouble with was the hardship. Mr. Wood has family members ►vho come to his home to get hospital care and need a ramp, but they are not residents of (�is home. If they lived there, he would be in favor of voting for the variance, but this is a temporary situation� and this is a permanent building. Knowing how everyone feels about their property and property values in this area, he would oppose the variance as proposed. Mr. Betzold stated the question before the Appeals Comnission was whether or not the strict enforcement of the literal provisions of the ordinance are going to cause an undue hardship because of circumstances unique to the property that is under consideration. He did not find that in this situation. There are neighborhood objections, one written, and three in person. The same request was made to the Appeals Commission in the past and was turned down. PJothing has changed. The purpose can be accomplished without a variance. He did not think the hardship as stated was a valid hardship, at least within the meaninq of the statutes, and he would be opposed to the variance. Ms. Gabel stated she totally disagreed. She thought the hardship was real clear; however, she did not think it was well defined within the "stated hard- ship" written in the Administrative Staff Report. She tho�,�ght the hardshio was very obvious. She could not imagine in the Minnesota climate living without a garage. She thougi�t the fact that the petitioner needed a garage was clear, and she thought it was totally illogical and irrational to put the garage on the side of the house where there was no entrance, It did not matter whether people were handicapped or not in this situation. The most logical place to put the garage was where the petitioner had requested it. She did not believe there would be any impact on any property values in the neighborhood by placinq the garage in this location. If anything, she felt it would enhance the property values in the neighborhood. Mr. Plemel stated he agreed with Ms. Gabel. He could understnad the neighbors' thinking, but he did not think their objections were valid. APPEALS COPIMISSIO�� MEETING, OCTOBER°"T5, 1985 PAGE 7 MOTION BY MR. PLEMEL, TO RECOMMEND TO CITY COUNCIL 11PpROVAL OF A VARIANCE REpUEST PURSUANT TO CXAPTER 205 OF THE FRIDLEY CITY CODE 110 REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 14 FEET TO ALLOW THE CONSTRUCTION OF A GARAGF. ON LOT 6, BLOCK 1, ELWELLS' RIVERSIDE XEIGHTS PLAT 1, TEIE SAtiE BEING 7571 ALDEN WAY N.E. MOTION DIED FOR LACK OF A SECOND. MOTION BY XR. BETZOLD� SECONDED BY rlR. BARNA, TO RF.COMMEND TO CITY COIINCIL DENIAL OF VARIANCE RF.QUF.ST PURSUAKT TO CKAPTER �OS OF TXE FRIDLEY CITY CODE T10 REDUCE TNE FRQNT YARD SETBACK FROr!' 35 FEE"1' T10 14 FEET TO ALT.O�+t TXF. CONS'_"RUCTION OF A GARAGE ON LOT 6, BLOCK 1, ELWEZLS' RIVERSIDE XEIGHTS PLAT 2, _TXF. SAMF. BEING 7571 ALDEN WAY N.E. UPON A VOICE VOTE, BETZOLD AND BARNA VOTING AYE, GABEL AND PLEMEL VOTING NAY, CXAIRPERSON GABEL DECZ.ARED THE MOTION FAILED BECAUSE OF A TIE VOTE. Ms. Gabel stated this item would go to City Council on Nov. 4, 4. COfJSIDERATI OF A VARIANCE RE�UEST PURSUaNT TO CHRPTER 205 OF THE FRIDLEY CITY CODE TO EDUCE NE FRONT YARD SET6ACK FRO"9 35 FEET 0 FEE 0 ALLOW E S CI G � urrow, 5924 Oakwo�dFfanor, ri ey, n. _ lKequest Dy �erald and Joan MOTION BY MR. BETZOLD SECONDED BY MR. BARNA, TO OYEN THE P(�BLIC HEARING. UPON A VOZCE VOTE, ALL ING AYE, C1'lAIRPERSO.Y GABEZ DECLARED TXE PUBLIC HEARING OPEN AT 8:20 P.N. The petitioners, Gerald and an Burrow, were not present at the meeting. " MO_TION BY MR. BETZOLD, SECONDED Y MR. BARNA, TO TABLE THIS I_TF.M. UPON A VOICE VOTE, ALL VOTING AYE, AIRPEHSON CABEL DECLARED THE MOTION CARRIED UN,�VIIypUSLY. 5. COt�SIDERATIOt� OF A VARIANCE RE(IUEST PUR ANT TO CHAPTER 214 OF THE FRIDLEY ., ,,,,�� - --•------ - - - - L Jry-�L u�a��u ioJ—ip7 73KU NYtfVUt IV. ne venue, St. au , n. MOTIQN BY INR. PLEMEL, SECONDED BY HR. BARNA, TO OP� UPQN A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GRBEL HEARING OPEN AT 8:21 P.l�l. uest by Norr.i Brody, TXE PUBLIC HEARING. D THE PUBLIC .� �S! '� o y, �� 7571 Alden ay � � �. � � � •. Ila�c i ance Req � - ZG� , s ��' `�• � -�`� Dennis A. Wood �r,,. 6E ..;•• • �� *� ��' .. : ,C Z/ t " .11'� A � A ` � �� .f�" �. : �.�. `�—'♦ ' �7 � � , ��i .s �� 4 `'. � K��O �`��fl� �� -`*1 'M �.•� 9 �� _ � a1 � `�. �Da _� � � � Y � ' J� • r �1. • t Sce, ' : �. � Z A i' �i ` IVOc, ��r Y � �'� �\' : 1 ti � ~ 7r� �' d 11. '�� , � • �,�� . s� ". � � ;� .. :- � : t. � t ?`' •� �� r' '4 :�' W�'1� 1�" � Q` �i 6 o i�''�"'� , ,Z t�� = 5 ,3 , � , .. ,,: .i,x� �" - �, l�I. ti��' �l0 � � �'•• � � P �� 9 � ., �cd�' . �' �s�� , . 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I� p ��ss . � i�; . g � ,s ,,, a .� � N� 3 �, 2 �., `,� � , , � ': a � N, s��" : -,O w,,� �' , , _...,. , .. �r:';f:C:i:C � 'r / 3��C. v /^ ��,ti ,� -- ---- -- ---------- -- - - --ilarianc�e �teqvest - --- - , 7571 Alden Way 6 F ' 4f, y� Den��L�N�4Q� 927-�;y:;3 S1 � : ��. �l � � S l�►: l �': Y1 � �: G Gi,�.c7 /Zf Qv�s �'' � �� 1 i� , { i CO:��A^;Y � . � s;I:.. . . _ . .. .. .; _.. • , .. _ -.��c .., - - ( I . . . __ __,_, % � / • ,J � �� ' ; �'= � ; E ��n1'�C� ?��' , /-S��y � _ .-��p� ; F�Q,�• f:,�-= 1/ � �� ; ; ; l� , � �, ? s., ' \ G.��A� �� , 3�,� � .,�: � ; �� ° � s; • i , ; �./ � , � . yy�;; �----` , � `� � A ` 1 i �• ��y�' " , ` 1 I" . A�� ' ' v� 1� � ` '"Z �� , ��,� ... .� �; � � \ . �` i � � � , , � , ; � N W • : �3,'t" . � .� `` �. � r' _ o - , � � � R 1� � � � � � ; � � � ; � � ,. , � , ; � i , ! � /� I �..��i �� ' �', • � � , �, � � 1' : � � �` ' � �T i : � . �-1- : .f�c%.•�..fln' I hereby certity th�t :h:s is a tr��e and correc; r�arPsent,ti�n ef a s�rvcy cf t!�e bou��zies �f: Lot E, �l�cE: 1, E!,�ell's P.iv�:�i�e i'eicf�t: flat 2� s�bjQct tn rectrictions, reserv�tions anc ee=e-er;ts of rec�r�� if eny, As su:veye�-by me this F!N d?y of Septe�her, lif7. `,_ •�/ ------ � �� / �' . _ . ` is:-y/`i,,; r_rC ` .,�,_,� Mi-�r��:- R��:i� _rat_�•. ► _=•�, . '- --- i STATEMENT OF CANVASS GENERAL ELECTION NOVEMBFR 5� 19R5 DECLARATION OF RESULTS THEREOF �nce with Section 4.08 of the Charter of the City of Fridley, Minnesota, :ouncil declares the results of the 1985 General Election to be as follows: A. Total nur►ber of Dallots cast was: Ward 2- Precinct 1 62 Ward 2- PrecinCt 2 61 Ward 2- Precinct 3 116 Ward 2- Pretinct 4 110 TOTAL 349 B. The number of votes for each candidate, number of overvotes and undervotes and write-in votes are as follows: Dennis L. SChneider Overvotes Undervotes �lri te-i n Votes TOTALS w'- 2 P-1 58 0 3 1 James J. Bauer _� 62 COUNCILNE"".°EP. - WAPC ?I W-2 P-3 51 0 5 2 Curtis Barness 3 John GarQaro 61 W-2 P-3 lJ-2 P-4 109 104 0 p 4 3 1 2 John Everett Gargaro Utter 1 1 Glenn Kenneth Doualas Rureau : 1 Geral d Machowicz 116 110 T�'P�L 322 � 15 12 3a9 r� S'�iENE',' OF CAhVASS PAGE 2 GE'�ER:.� EIEC?IO�� hC'�EM9Ep 5. 1985 C. The following officer was duly elected to the office of Counciln+ember �ard :I: Dennis L. Schneider 0. The following is a true copy of the ballot used: OFFICAL CITY ELECTION BALLOT � Put ao IXI in tbe squ�re oppowiie tb� oain� uf eK� c�sdid�te �ou wish to vote tor. CITY OF FRIDLEY GENERAL ELECTION NO��E:�18ER S, 1985 FOR COt'tiCIL1fE11BER V�'ARD ? �OTE FOR l)�E DE\I!VIS L. SCHNEIDER TA S?A?EM��;T OF CAf;VASS PAGE 3 E: The nar�es of the judges of the election are as follows: WARD 2 PRECINCT 1 *Alice Henderson Terry Johnson Jean Pladson Marlene Eidem WAPD 2 PRECINCT 3 *Lee Carlson Kathleen Hoppe Kay Beihoffer Janice Hebeisen M;;1'OR - I;:LLIA�' J. NEE GENERAL ELECTION NOVEMBER 5, 1985 WAPD 2 PRECINCT Z *Pat Anderson Doris Moxness Mary J. Johnson Helen Shaffer WARD 2 PRECIP�CT 4 *Virainia Bureau Jean � waaar Delores Mellur� Mary Jechorek Naida Kruger Jean Gerou L'.� L�" M3EP �..� _i�i� (?: Lp COU';CIU�E�r3ER � . .. . 7B ORDINANC$ N0. AN ORDINANCB RECODIFYING THE FRIDLEY CIT3f CODE BY AMBHDING GHAPTER 603 ENTITLED "INTO%ICATIIIG LIQIIOR" SECTION 603.22(3) THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 603.22 iiIlqE LICBNSE 3. No wine license shall be issued to any restaurant having seating capacity of less than fifty (50) persons. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985 WILLIAM J. NEE - MAYOR ATTEST: RICHARD D. PRIBYL - ACTING CITY CLERK First Reading: Second Reading: Publication: � � PLANNING DIVISION _ 8A � cinoF MEMOR,ANDC.IM F(Z! DLEY �� MEMO T0; Jim Robinson, _ Planning Coordinator MEMO FROM: Susan Graves,.Planning Assistant �� I�MO DATE: November 5, 1985 RDGARDING: Change to Ordinanee 603 - Wine Licensing A recommendation was made by Councilman Schneider at the November 5, 1985� City Council meeting to change Ordinance 603 "Intoxicating Liquor" to allow a minim� seating capacity of fifty (50) persons for restaurants receiving a wine license. The ordinance presently requires a minimum seating capacity of seventy-five (75) persons. Ir. order to make this change, it will be necessary to bring the issue up at the November 6, 1985 Planning Commission meeting. The change can then be brought up before the Council on November 1 8� 1985. No public hearing is needed. SG/ dm r� �-�32 603.21. AU�30RIZATIION Rt� ISSTJE 'ON-SALE' WII� LIff�N�S Zhe city is hereby authorized t� pursuant to authority of riinnesota to "restaurants" as def ired above. 603.22. WIl� LI�:N� issue "on-sale" wine 1 ioenses Statute. Liaenses may be issued (Aef. 611) 1. No person operating a restaurant shall sell or permit to be sold on said prerr:ises any wine without having been issued either an "OrrSale Wirye Lic�ense" or an "Orr-Sale Intoxicating Liquor Lioense". An "OrrSAle Wine Lioense" permits only the "on-sale" of wine not exoeeding 14 peroent (148) alvohol by volune in �nj�mction with the sale of f ood. ( Ref . 611) 2. Zhe annual lioense fee and expiration date for "Ori-Sale Wine Lioenses" shall be pravic3ed in C�apter 11 0� this Coc3e. 3. No wir�e lioense shall be issued to ariy restaurant having seating capacity of less than /fseventy-five (75)/J fiftv (50) persons. 4. Zhe pravisions of Sections 603.01 to 603.21 above shall apply to "OrrSale Wir�e Lioenses" insofar as practicable, as they relate to: Definitions; A�lications; Renewal; Procedure for Granting Licenses; Persons and Places Ineligible; Conditions of Lioense; Hours of Operation; Restrictions Involving Minors; Other Restrictions of Purchase or Cons�mption; Liability Insuranoe; Notioe and Hearing on Suspension or Revocation of Lioense; Alteration of PreJnises; and Penalties. (Ref.611) 603.23. PENALT�S Any violation of this Chapter is a misdeir►eanor anci is subject to all penalties provic�ed for such violation under the provisions of �agter 901 of this Code. 603.23. � 8B AU�]ORIZATI�1 'ln ISST.TE "OI� SAT�E" WIl� LI�N�.S WII� LICENSE PENALTIES 603-17 SC ,-l; I�TUI1CATt\G UQl'ORS 310.11 (h1 An� m�nuf�.•turrr �f wine� c�nteining not morc than 25 percent of alcohol !� ��lumc .hall �� to the state annuali� a fee of 5500. �c1 !��r�� .�. �r,,��.ir�i in �I�u.r. 1:►). (h). (dl. an� wh�,le�aler shall �+a�� to the u�: annualh s l�r�n�r frc c�C S�,SW, and 3 fee of 53,QW for each duplicate thereof. (d} 4m w holr.al; r��f w inr� containin� not more than ?S percent of aicohol by ��!ume shall pa� to thr ,t�tr annuall� a fee of 5750. (t) Tht m��imum li.•rn.e fee f�r an "oPl'-sale" license in the citia of the first w.� shall �r thr �um uf ahich, together with an� occupation tax that may be mpnxd b�'s munici�alit�' is.ui�g said 'bff-sale" license, w•ill not exceed the sum ot S:.iXb annu�ll�: in all citie: of u�er 10,000 population, except cities of the first cu��. thr maumum hrentie fee fur an "ufY-sale" ticense shali be 5200; in all cities .,�h a��+ul.�urn b�t�rrn 5.00O and 10,(X� thc maaimum license fee shall be 5150; c all citir. of S.��f)0 Jx,�+ul:�tion or less, the maximum license fee shall be 5100. All s�:h I,;rme fr« for "�ff-tiale" licenxs shall be pa�able to the municipalities issuing ;�.c li.rn.e �1'}�rrr �u�h licen�t. thall be istiu�d for IeSS than ane ytar, a fee ma}• be a rr � r�ta �fi�re of tfie annual license fee. Suh� 1� \1S IQ57 [R�,pealed. 195Q c 686 s 14; Ex1959 c 75 s lJ Suh.f 1�. Licenses not required. It is IaWful for a brew�er to se11 intozicating m.�!� tx•�rr.�_�•� t�� hi� rm�l�,�rr �r tc� a fe,rmer emplo�ee w�ho is retired because of •:c nr �+h�.ic.,l Ji�:�hiln�. Surh tk��r:�gr, shall br sold for consumption of'F the �;;mn�•• ��nl�. and the am��unt sold to an� one person in an}• one w'eek shall not c�,t��i 'e� tiui�i ��un:r,. The reywrrments of IaW relating to minimum prices for ;1�c .al� ��C inc�»i;ating m31t tx�erage� shall not aprl} to sales made under this +u'+.',i�i•i��n. n��r �h�ll an� li�en.e bz reyuired for the making of such sales. lt is also L,Nful t�,r a;��U«t��r of �ommrm�rati�e bottles, as the�e terms are defined in section �s; t�i, t�� .cll ��mm�m��ratice tx�ttles to anothrr collector w�ithout obtaining a �;,�n.r !t i. al,u lautul t��r an otT'-,alr li�en+ce or municipal liquor store to provide Ur.�, Ir� ��f �►in�, liyu�•un. :�nd rurdi:,l+ which Ihe licen,ee or municipal liquor store ,crr:n;I� h.�. i�i .t�k•�, an.1 i• i�ff�nn� f�,r �rlr t�, thr grncr;�l �ublic without obtaining t.^, d��lhi�l}SI �l�Cl1�C. �C(��I�C� I}lC w�ne. liyueur, and rurdial sdmples are dispensed �; r, rh.,r�r .,nd con.umed �n the licenud �+rem�.e� dunng the permitted hours of ,•R-.,Ir in a yuenl�O Ir.� than SO millilucr� of wine per �ariety per customer and 25 n::l:l��rr. ��f I�yueur ��r ��rJial �er �arirt� �r cust�mer. Su�,i ln Eapiration date. All int�»icating liyuon c�enses issued by a munic- �jvhtr �ther ih.in a c�t� �f the fir.t cla.�, excrpt manufacturers' and wholesalers' h:t,x<r�. .fi,ill e��ir�• �� thr .�me detr ' Suh.i l'. �lunicipal rest�ictions. An�� local authorit�• shall ha�e power to :m�ur fu�h�r re,tn:�i�m� �nd regulation; u�n the salr and �ssession of intoxicat- r,: hau,•; ��ithin �h limih. �uh.i Ir. Additi�,nal licenses; referendum. The governing body� of any city, m:lu.ii;:, .tatut��r� r�ue, and citie. issuing "on-sale" licemes pursuant to section �:� ;�� ni�� ••ur "on-.ale" li�enses in exce�s of the number authorized by this •c:u,�n. up��n authurizatinn b� the �oters of the municipalit�� voting at a special ci;;uon :�IIeJ f��r wch �urpose or at the general election in the municipalit}•. Such ��rning hod� ma� b� m�j��rit� �ote direct that either of the follow�ing questions be pl.,,td on tht ballot at a.�ci;�l election caUed for such purEx�ses or at a general cl�;tion of thr citc: "Sh311 the city rouncil be aflowed to issue 'on-sale' licenses for :hr �ale of intoxirating fiyuor at re�ai! in excess of the number nov► permitted by I�N''", or: "Shall the cit� council br allowed to issue ....... 'on-sale' licenses for the vlr of intuzi:ating liyuur at retail in �ddition to the number now� permitted by ;,,w^" If a maj�rit�� of �oters �oting on the question at such election vote in the• 33U.11 1'�TOXI(�ATI\G LIQL�ORS ',•; afi'irmati�e, thr grnrrning hod�� may issue "on-sale" licen.e� in such number a� .h�l' br determined by the referendum. Subd. 19. Reissuance of licenses, certain cities. The go�erning t+od� ri .�<<� cit�� in w�hich real pmpett� or the buildingc thereon ha�e heen taken for a �uh;:, pur�►o�e b� neg�ti:�tion or eminent domain proceedingc. and such pmJ+en� MJ� artuall� and law•full� uscd f<�r the sale of intoxirating liyu�n immcdi�trh J+ri��r t,� surh taking. and in whinc �ity there i� an� territon• in w•hirh �ale� of intu�i.at�c� liyu�rc ha�e t�en rrohihited h� city charter, or law• of thi� state, is hereh� awh�+rvr1 and em�+c�wered, h� a maj�rit�• vote ot the go�erning bcxi� therefor. in ad�iinun t,� thc num�xr of liren�es i�cued in such prohibited temton•, t� rei�we w�h licemr .0 .�^� location, inrluding hotels. in said cit�, w�hich location �h:�ll t+r sublr�t t�� e': {imitationti, n�w pte�crit>ed by am• law of thi� state. Prrnidrd further tha� .�� chanF� �f Ic�cat�on due to a taking after Jul�� 1. 1972, muct be arc��mrh.hed h� 1u1� 1, 1Q76, but all licenses istiued, re�eWed, re«�ued, transferred, relcxatrd rur.u.+«< t,� thi� �erti�n or an� other similar pro�i�i�n of state law. ma� continur t� tx rrnrwr,l rciti�ued, tran�frrred or relcxated pur�uant to thc terms thereuf. Sut�d. 20. On-salc w�ine licenses. (a) "On-sale w�ine licen�e�" shall mr�� licen�eti auth��ri�ing thr �ale c�f w•ine not excerding 14 �+errent alri�h��l h� ��lun�r. f. r con�umrucrn on the Gren.rd premitie. onl�, in conjunrtion with the ,�Ic ��( ��d (b) For pur�ses of thi� subdi�ision "restaurant" shall mean an estahli.hrnrr:�. undcr the c�ntroi of a tiingle �r��rietor or manager, ha�ing appru�riate tarihur. i,�r cenint mcal., and where, in c�n�idcrati�n �f r��ment theref�r, meal. arr rr�uL�rl� �cnrd at tahlc. �c► thr gcnrr�l puh{ic, and which emJ�{�� an Jtll'(�U71C .t.�A �,� pn�� i�ic thr u�ual and witahle sen•ire tc� it. gue+tti. (c; An� municipal�t�� w•hirh maintainc a municiral fiyu�r st�rr ��r a�� mun�,: C�a1it��_or count�� authonzed tc� issue "on-�ale" 6censrc for the sale �f in��v�.�tr.�t `----__ _- - - I�uc;r ma} i�.ue on-sale a ine li�en,e� t� an}� restaurant ha� ing faril�t�r� f��r .r.��; n�� fe��r Ihan 2� �ur.t. ;�t unc Itmc. Thr lirrn.r� �hall tx in addiu�m tc, thc numkr - -- --- - - _. - --�- _ t�� t�n-,.i�� ii.Cll��'� lUf tl�c �:,ir uf im<,�iratinF I�yuc,r auth��nzrd b� thr imu�i;.�nr.E 1►cL:r._ert. Thr fee P��r omsale w•inc licen�eti shall F>e set b� the i.�uinF �uth��rii�. hut �hall n��t e�ceed one-half �f the hcense fer rharFed by thr i��uin� auth�mi� i��+ an ��n-�alr licr�i�r. or S�.lxKl, v►h,�hr��r i. 1r.� l.icr�i�e� i��urd rur,u:m� t�, �h:� suh�ii�i,u�n �h�ll nut br ell�rctnr until a��+ru�rd b� Ihr commi.ti�unrr. Thc lirrn.c� tihall :�uth��rize the tiale �f �ine a� herein pn��idrd �n all day� of the wrrk wilr•� il.c �,�wnF auth�rit� re�tnrts thr ficense's authonz:stion to thr salr of winr �n �U d.,ti+ othcrthan Sund��. Subd. 21. Liability insurance. E�er� person lirensed to tie11 at retail �ni��u• cating liyu<�r c+r nonint��xiratin� malt liquor at on-sale or off-�:�le tih�ll, af'trr AuEu•� 1, 19K}, dem��n+traie rroof oi' Pinancial re��n.�bihty with regard tu li�bilit� im��cJ b� �r.•uun ?40.95, to thr authorit}� issuing thn c�emc ati a rnndition of thr i�.uan.c or rcnrwal of his licenle, pmvided this subeli��ision dcxti not apPl� to Gcemrr. Nfi,� b}• afFid��•it estab6sh that the� are on-sale nonintoxicating malt liquor licen.re• Nuh sales of less than 510.000 of nonintoxicating malt liquor for the preceding �rar. �u ofT-sale nonintoxicating malt liquor licensees w�ith sales of less than S3Q(xMi ��f nonintoxicating malt liquor for the preceding �•ear, or holden of on•wle Nme licenses under subdi�•ision 20, with sale� of less than S 10,000 of wine for thc preceding year. The issuing authority muct submit to the commissioner the prc��fd tinancia] re,ponsibi{it�• or eaemption afTida�it submitted b} the i�cense appiicam Proof of financial responsibilit�• may be gi�en b�• filing: (al A certificate that there is in ef'fect for the peri�d co�ered b� the liren�c �n inwrance �+c�lic� or pool pro�iding the follow�ing minimum co�erages: (l) 550,000 beeause of bodily in}ury to an�• one person in anc one occurnna. and. wbjert to the limit for one per5on, in the amount of SI(w,(�N1 because c�f Fxdd� •�M1 m�ur� hr�.tiu� 1= ��rurr, .►,��.,,� ��. la). �,r (: SI(N►,1` f��r tri tn�ur.�• h�rrui nunin! l t�� th� i�ffrni pru�r.. ►m 1►��! �n�u�, \CC\ � . u(�� n Thr r: mrrrr drrtn� a�:uL� tha� r v►•n��i, �eru�: �"i � i t•�ur� nc�t h � h�•rn� . ` . pn,� i. suhci � i +,' shall shrll r !: V�'11f1 s,a n srr� i� co{Ic. c<,� c. �ur.� man. shall u�ur. yen i � � CITY OF FRIDLEY CHARTER CONMISSION MEETING, MARCH 18, 1985 GALL TO ORDER: . q►airperson Starwalt called the March 18� 1985, Charter Comnission meeting to order at 7:32 p.m. ROLL CALL: Menbers Present: Walt Starwalt, Sue Jackson, Bob Pierce, Ralph Stouffer, Francis van Dan, Peter Treuenfels, Margaret Hendley, Pat Kindom, Bruce Nelson, Donald Betzold, Larry Commers MeMbers Absent: Robert Schmidt, Irene Maertens, David Pinks, Bob Peterson Others Present: Bill Hunt, Assistant to the Cfty Manager APPROVAL OF FEBRUARY 25, 1985, CNARTER CONtMISSIQN MINUTES: P10^'ION BY MR. TREUENFEIS, SECONDED BY MR. BETZOLD, TO APPROVE THE FEB. 25, 1985, CHARTER COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STARWALT DECLARED TNE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA: MOTION BY NS. HENDLEY, SECONDED BY l�2. TREUENFELS, TO APPROVE THE AGENDA AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STARWALT DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ELECTION OF OFFICERS: Chairperson Starwalt stated the Nominating Committee had recommended Bruce Nelson for the office of chairperson of the Charter Commission. Chairperson Starwalt asked if there were any nominations from the floor for the office of chairperson. Mr. Betzold �ominated Sue Jackson. Hearing no other nominations, Chairperson Starwalt declared the nominations for chairperson closed. !lUTION BY PlR. BETZOLD, SECONDED BY l�2. NELSON, TO VOTE BY SECRET BALLOT FOR ALL CONTESTED POSITIONS. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON STARWALT DECLARED THE 1NOTION CARRIED UNANINOUSLY. 9A CHARTER COMMISSION MEETING, MARCH 18, 1985 PAGE 2 Chairperson Starwalt appointed Bob Pierce, Secretary of the Charter Comnission, to count the ballots. , After the counting of the ballots, Chairperson Starwalt declared Sue Jackson Chairperson of the Charter Conmission for 1985-86. Chairperson Starwalt stated the Nominating Committee had recommended Sue Jackson for the office of vice-c�airperson of the Charter Con�nission; . however, she was now inelig�'ble for t�at position. Chairperson Starwalt asked if t�ere were any nominations from the floor for the office of vice-chairperson. Ms. Jackson nominated Bruce Nelson for vice-chairperson. Hearing no other nominations, Chairperson Starwalt declared the nominations closed. MOTION BY lNR. STOUFFER, SECONDED BY INR. TREUENFELS, TO CAST A SINGLE BALLOT FOR BRUCE NELSON AS VICE-CXAIRPERSON OF THE CNARTER COMMISSION FOR 1985-86, UPON A VOICE YOTE, ALL VOTING AYE, CHAIRPERSON STARWALT DECLARED THE MOTIDN CARRIED UNANIMOUSLY. ' Chairperson Starwalt stated the Nominating Committee had recomnended Margaret Hendley for the office of secretary of the Charter Cormission. Chairperson Starwalt asked if there were any nominations from the floor for the office of secretary, Hearing no other nominations, Chairperson Starwalt declared the nominations closed. !NO_TION BY !�lR. BETZOLD, SECONDED BY MR. NELSON, TO CAST A SINGLE BALLOT FOR MARGARET HENDLEY FOR SECRETARY OF THE CHARTER COMMISSIDN FOR 1985-86. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STARWALT DECLARED THE MOTIDN CARRIED UNANIMDUSLY, Chairperson Starwalt turned the meeting over to the newly elected chair�erson, Sue Jackson. 2. CONSIDERATION OF THE MANNER IN WHICH PARTY AFFILIATION OF ELECTION JUDGES Mr. Hunt stated that at the last meeting, the Comnission had asked him to ask Shirley Haapala, Deputy City Clerk/Records Specialist, to provide the Commission with any further information on this item. He stated the Conmissioners had received a memo froM Ms. Haapala on the "Election Judge 9B CHARTER CONMISSION MEETING, MARCH 18, 1985 PAGE 3 Oath". Although the City has a somewhat inforn�al method of determining party affiliation, they do require that every election judge take an oath to support the election process. Ms. Haapala had given the Cortmissioners a copy of that oath. Ms. Jackson stated it seemed to her the Comnission has discussed a number of issues relating to this. One discussion was regarding party affiliation which they seem to fiave little control over. Another discussion at a previous meeting was on how the election judges are chosen, and they have also had some discussion on whet�er t�e whole issue is one within the Commission's jurisdiction and w�ether they should even be discussing it. Ms. Jackson stated she would like to get a feeling from the Commissioners on whether they felt they should make this an item for consideration and perhaps appoint a subcomni�tee to look at what t�e Charter should specifi- cally address on this issue. Mr. Betzold stated he felt they have to start with the Minnesota Statutes, and he did not necessarily think they should be locking themselves into so�ethinq when the law could c�ange. He thought they could just follow what the Statutes require, but rig�t how they are really not very clear on what the statutes do require. However, they have contacted the Secretary of State's Off�cp, and that Office has said that there is no "independent" party for election purposes and that a person has to be a member of a major political party in order to become an election judge. Ne stated the issue here is t�at a person does not have to swear that he/she is a member of a major political party, so maybe the question should be: How do they determine that a person is a member of major political party? Mr. Treuenfels stated it seemed to him the matter was somewhat in doubt as to whether this even pertains to the business of the Charter Commission. He would therefore urge that either a subcommittee be appointed to come back with recommendations or that the matter be drop�ed by the Charter Co�mission. Mr. Pierce stated he was the one who brought up this issue in the first place. The intent was not to change the Charter with res�ect to it, but it was because they had a proposed change in the Charter at the ti�e, and he felt this whole process of determining election judges' party affiliation was related to it. However, �e did not think thev could do anything about it. Ms. Jackson asked if there were some Charter Corm�ission members who felt strongly that they would like to see specific instructions in the Charter for election judges. Ms. Hendley and Mr, van Dan stated they would. Mr. Pierce stated he would also volunteer to be on a subcommittee. Ms. Jackson appointed Ms. Hendley, Mr, van Dan, and Mr. Pierce to form a subcomnittee with Ms. Hendley as chairperson. Ms. Jackson gave the sub- cormittee a September deadline at w�ich time the subcommittee will give a report to the Charter Comnission on what, if anything, the Charter should say about election judges. 9C CHARTER CONMISSION MEETING, MARCH 18, 1985 PAfE 4 Ms. Jackson stated any other members not at the meeting who wished to be a member of the subcommittee were welcome to do so. • I�fOTIQN BY KR. TREUENFELS, SECONDED BY NR. COMMERS, THAT TNE SSSUE OF ELECTION JUDGES AND PARTY AFFILIATIalN BE TURNED OVER TO THE SUBCOMMITTEE FOR ITS CONSIDERATION, AND TXAT THIS ITEIH BE PUT BACX ON THE AGENDA AT TNE SEPTEMBER KEETZNG FOR A REPORT FROM TXE SUBCOMlNITTEE. UPON A VOICE VOTE, ALL VOTING AYE, CHATRPERSON JACKSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CONSIDERATIOW OF FXPIRATION OF CON4�IISSIONERS WHOSE TERM OF OFFICE EXPIRES > > Ms. Jackson stated the following members' terms would be expiring on May 11, 1985: Walt Starwalt - 2 consecutive terms, cannot be reappointed Donald Betzold - wisi�es to continue Ralph Stouffer - wisf�es to continue Robert Peterson -?(Chairperson will contact him.) Larry Commers -?(He will contact Chairperson with decision.) Robert Schmidt - wishes to continue David Pinks - does not wish to continue Pat Kindom - wishes to continue Bruce Nelson - wisF�es to continue Ms. Jackson stated that since Mr. Starwalt and Mr. Pinks would no longer be on the Corrmission, she would write a letter to the Mayor indicating the Charter Conunission had at least two openings. Mr. Hunt stated he would take care of publicity to notify the public that the Commission was in need of inembers. Ms. Jackson thanked Mr. Starwalt on behalf of the Comnission for his many years of service on the Charter Commission. 4. CONSIDERATION OF 7:00 P.M. STARTING TIME FOR CHARTER COMMISSION MEETINGS: XCYIION BY MR. TREUENFEIS, SECONDED BY !►gt. STOUFFER, TO CHANGE THE STARTING TIME FOR CHARTER COMMISSIDN XEETINGS FROM 7:30 P.M. TO 7:00 P.M. BEGINNING WITH THE APRIL 1985 MEETING. Mr. Starwalt stated that it seemed that in the past. a meeting time of 7:00 p.m, had been too early. He was not suggesting 7:00 was not a good time, but it seemed that many commissioners did not even arrive by 7:30 p.m. Mr. Stouffer stated he was just suggesting the Commission try meeting at 7:00 p.m.; and if it does noi work out well, they can always chanqe the time back to 7:30 p.m. .� CHARTER CONMISSION MEETING, MARCN 18, 1985 PAGE 5 UPCMi 1l VOICE VOTE, JACKSON, NEISON, HENDLEY, P3ERCE, STOUFFER� YAN DAN, STARWALT, TREUENFELS, BETZOLD, COMMERS VOTING AYE, ICINDOlN VOTING NAY� CHAZRPERSON JACKSON DECLARED THE MOTION CARRIED. Mr. Stouffer asked that on the next agenda, the meeting time of 7:00 p.m. be written in large letters at the top of the agenda to serve as a reminder of the new meeting time. 5. CONSIDERATION OF SECTION III.D OF TNE BY-LAWS OF THE FRIDLEY HOME RULE . . G E e ommission wil] wait for thirty (30) minutes and, lacking a quorum after thirty (30) minutes, will disband." Mr. Pierce stated he questioned why this even had to be added to the By-Laws. If there was not a quorum, they should leave it up to the prerogative of the chairperson as to haw long they should wait for a quorum. Mr. Starwalt stated he also questioned the need for this addition to the Bv-Laws. Ms. Jackson stated the purpose of the proposed amendment was so that when the Commission was only missing one member for a quorum, and one person had indicated he/she would be a little late, how late were the Commissioners supposed to wait? If the Commissioners leave, and that member arrives five minutes later, that person could be annoyed that the Commissioners had gone hor�e. So, how long should the Commissioners wait--5 minutes, 15 minutes, one-half hour? Mr. Treuenfels stated that putting an addition in the By-Laws such as this served to put people on notice that if they are later than 30 minutes, they should not even come. Mr, van Dan stated that to him it is an honor and a privilege to serve on the Charter Commission, so he has set aside one meeting night a month. He felt that if someone says he/she is coming and doesn't make it within 5 minutes� 10 minutes, whatever, they can still sit around and discuss some issues before going home. The only thing he decried was that the Commission's attendance was so poor. He stated that something should be done about it. Maybe the chairperson should write a letter to the general membership exhort- ing them to attend meetings more diligently, because the attendance has been so poor. The attendance has been hovering around 48-60� of the whole membership. He stated he did not think the above sentence should be added to the By-Laws. XOTION BY MR. BETZOLD, SECONDED BY 1�lR. STARWALT, TO TABLE PURTHER DISCUSSION UNTIL TfIE NEXT MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON JACKSON DECLARED THE MOTION CARRZED UNANIMOUSLY. z CFWRTER COMMISSION NIEETIpG� l�ARCp t81 1985 PAGE 6 6. CONSIDERATION OF TERM "ELECTOR": Ms. Jackson stated the Commissioners have gone through the Charter making changes relating to the various types of voters, including the definition of "electorate". She stated the one thing they did not do was to define "electorate". Mr. Hunt stated the Commissioners had received a memo from Kay Tischler Erickson, Legal Intern, stating she had checked legal dictionaries and references for a definition of the term "electorate". She stated "electorate" was not defined in any of the legal references she inspected. The only definition she Pound was in Readers Digest Great Encyclopedic Dictionary 425 (1975) as follows: "electorate". 1. The whole body of voters. 2. A district of voters. Mr. Nelson stated that some time ago, the Commission had come up with the following working definition of "electorate": refers to the future actions of peo�le who might be classified into one of the above three categories (voter, eligible voter, registered voter). Mr. van Dan stated the "electorate" could be defined as "the body of voters" as defined in Ms. Erickson's memo. Mr. TrPUenfels stated he would modify the definition to be "the whole body of registered voters" because a person has to be registered in order to vote. Mr. Comners stated he thought "electorate" could just be defined as "voters". Mr. Treuenfels stated he felt "voters" was too restrictive because of the definition they have for"voters". Mr. Pierce stated that in looking through the Charter where they have used the word "electorate," he felt that in each case, they could throw out the word "electorate" and use other wording. He felt the term "electorate" was confusing, and he did not think they needed that word. The Commissioners changed the working definition of "electorate" as follows: electorate - refers to the future actions of peo�le who are in any of the above three categories (voter, eligible voter, registered voter) Ms. Jackson stated she felt the Cortunission needed to give this more thought. She suggested each Commissioner go over the drafted Charter, eliminating "electorate," and inserting "on the ballot" or other wording, to see if this was feasible. She asked that consideration of the term "electorate" be on the agenda for the April meeting. 9F CHARTER COMMISSION MEETING, MARCH 18, 1985 PAGE � Mr, Treuenfels asked if it would be possible to ask Staff of the feasibility of constructing a word concordance of the City Charter. .� Ms. Jackson appointed Mr. Treuenfels, Mr, van Dan, and Mr.Nelson to act as a committee to check with staff on the feasibility of a word concordance of the City Charter. Tbis conanittee is to report back to the Commission at the Mar meeting. . _. .. _ ... ... . .. 7. CONSIDERATION OF REMOVAL OF GENDER SPECIFIC U4NGUAGE FROM THE CITY CHARTER: Ms. Jackson suggested She would ask that the to the next meeting. ADJOURtd�1ENT: tFwt discussion be continued until the next meeting. Commissioners bring their copy of the City Charter l�lOTIDN BY MR, TREUENFELS, SECONDED BY N5. HENDLEY, TO AA70URN THF. NlEETING. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON JACKSON DECLARED TXE MAR. 18, 1985, CXARTER COHMISSION N�ETING ADJOURNED AT 8:51 P.M. Res� ctfully subm'tted, ynn a a Recording Secretary 10 CITY OF FRIDLEY CAT� ADVISORY COMMISSION MEETING, OCTOBER 17, 1985 CALL TO ORDER: Chairperson Pet'erson called the October 17, 1985, CATV Advisory Commission meeting to order at 7:14 p.m. ROLL CALL: Menbers Present: Duane Peterson, Ed Kaspszak, Burt Weaver, Ralph Stouffer Mer�bers Absent: Barbara Hughes Others Present: Clyde Mor�vetz, City of Fridley Dawn Gilbertson, Storer Cable Ronald Abrams, Storer legal counsel APPROVAL OF JULY 18, 1985, CATV ADVISORY C(IMMISSI�N MINUTES: "0:'ZO': Bi' I!R, KASPSZAK, SF.CO?7DED BY MR. STOUFFER, TO APPROT�E THF. JULY 18, 1985, C.�'"'' ADVISORY COI�MISSION MINUTES.AS WRITTEN. C'PO.": A VOICE VOTE, ALL VOTING AYF, CHAIRPERSON PETERSON DECLAP.F.D THE MOTION CnRRIED UtiA,ti'IMOUSLY. AD�PTT��d OF AGENDA: The following item was added to the agenda under "Qther Business": Request by NRA for CATV Advisory Commission '1ember(s) to Attend �Jovember 14, 1985, Meeting '-10TION BY 1•1R. WEAVER, SECONDED BY MR. KASPSZAK, TO APPROVE THF. AGENDA AS AMENDED. UP01' A VOICE [�OTE, ALL VOTIiTG AYE, CHAIRPERSON PE?'FRSDN DECLARED THE MOTIDN CAi�RIF.D 'JNANI!fOUSLY, l. RECEIVE CABLE OPERATOR REPORTS a. Ser�i-Annual Business Report Mr. Horavetz stated this was basically the same format as has been used in the past couple of years. Mr. Kaspszak stated he had a question under Item V. Projected 1985 Business Plan, subpara�raph A. Sales & Marketing, which state�l: "This year we have forecast our subscriber growth on a consolidated district basis instead of b� individual city." Did that mean that Fridlev was just going to be incorporated with ti�e numbers fror� the other cities? 10A CATV ADVIS�RY C�MMISSIO�J MEETI�J�, OCTOBER 17, 1985 PAGE 2 Ms. Gilbertson stated, yes, the overall numbers for sales and marketinn will be a combination of the citias; however, they do market each city. Mr. Weaver stated he thought what Mr. Kaspszak wanted was individual operating systems for the Fridley district. Mr. Kaspszak stated he was not interested in what they were doing in Bloomington and St. Louis Park; he was only interested in what they were doing in Fridley. He wanted to know how the Fridley system was proqressinq. Ms. Gilbertson stated they could certainly do that for the Commission. �1r. Stouffer stated the com�arison he would li.ke to see was what has gone on in the past, what is currently going on, and what is projecteci in the future for Fridley. I•!O_TION.BY PlR, WEAVER, SECONDED BY MR. KASPSZAK, TO RECEIVE THE SF."f7-AA:NUAL BL'SICIESS REPORT. ;'PC:' �l VDICT•, ['OTF,, ALL VOTIIVG A3'E, CI�AIRF'FRSON PRTF.IZSC>N DECZJIPI'P TIIF. MO%'ION Cr1RRIED UNAA'IMOUSLY. b. Third Quarter 1985 5� Franchise Fee Mr. Pioravetz stated this was the same format approved bv the Commission some time ago. He stated he had one question for Ms. Gilbertson and that was why there was a minus S703 under the "other" column. Ms.Gilbertson stated she did not know but would find out for the Cornr�ission. �dr. Peterson stated he would like to see a list of subscriber numbers. He stated that usually July is the r�orst month, then August, an�l then September gets better as far as subscriber numbers. Accor�ling to these figures, that was not the case. t�1r. �toravetz stated this information was requested at the July 18th meeting anclttr. Wegemer agreed to provide tf�e Commission with monthl,y total sub- scriber numbers in conjunction witf� these re�orts. Mr. Kaspszak recommended the Commission not act on the third quarter 19�5 5ro franchise fee until the question raised by P1r. Moravetz was answered anci the list of s;�bscriber numbers was received. c. Operations Update t�s. Gilbertson stated she had nothing to add. 106 CATV ADVISl1RY Cf�MMI5SI0tJ MEETING, OCTOBER 17, 1985 P4GE 3 2. DISCUSSION REGARDING POSSIBLE TRANSFER f1F CO��TROL OF STORER COMMUNICATI�NS, INC., „ KKR S C Mr. Moravetz introduced Ron Abrams, legal counsel to Storer, replacinq Jim Erickson. Mr. Moravetz stated Mr. Abrams has delivered to Garv Matts a stack of material that has been requested of him. Mr. Moravetz stated he has not received the information yet, and Mr. Matts has not f�ad an opportunity to review the material. He stated he was meeting with Mr. Matts on Fridav at 1:30 p.m, at City Hall, and Commission members were invited. They will be discussing the material that has been presented. Mr. Moravetz stated that as noted in his Sept. 13th memo, he was sure the City Council was not going to want to "rubberstam�" and approve this within the 30-day time period and will, in fact, want to schedule a public hearing on the matter. He saw the Commission having tf�ree options to recommend to the City Council: (1) Does the City Council want the Commission to determine if and when a public hearing should be held? (2) If a �ublic fiearing is held, does the City Council want to hold the public hearinc� and invite CATV Advisc►ry Cor.mission members? (3} Does the Citv Council want to m�ndate that the Commission hold the public hearing and the City Council attend the Commission meetin�? Mr. Moravetz stated he had not reviewed the reports submitted by Mr, Abr�ms, but he did not foresee any problems, other than the due course of time it takes to review these kinds of things. The Commission has not t�ad any opnortunit,y to review the materials either. He stated it has been 4-5 weeks since the City received the initial correspondence from Storer, and they could try for the Nov. 18th date discussed by Storer, but he did not want to be in the nosition of coercinq the Commission to r�ake hasty recommendations to the Cit� C�uncil. Mr. Abrams stated it was hoped by Storer to have the process com�leted by all 26-36 national jurisdictions no later than Nov. 15. �bviously that was goin;� to be a very difficult date to meet nationally, but it appeared it was going to be met in most jurisdictions. He would suggest that in order to s�eed up the process while at the same time allowing adequate ti�e to examine the issues, they might want to recommend to the City Council that at the nQxt City Council meeting, a public hearing date be set for Nov. 18. That would give the Commission about a nonth to review the material. Mr. Weaver asked why the Nov. 18th public hearing date was so important. Mr. Abrams stated there was roughly $2.2 billion i arranged through the issuance of various papers ar so it was a question of getting all the a�provals so the monies will be there when the transaction i Delaying the transaction delays the access to the tion of the financial end. That was why municipal n financing that was being d raising of equity, etc., in line in a timely fashion s sunposed to be consur►xnated. monies and delays the consumma- approval was so critical, 10C �ATV ADVIS�RY COMMISSIO�J MEETING, OCTOBER 17, 1985 PAfE 4 Mr. Moravetz stated he felt the total time table ►vas unrealistic, especiallv where rublic hearings are involved, The thought of submitttng materials one month prior to the target date for approvals was verv unrealistic. Even the most simple transaction would requi_re more tfian 36 ciays for the revie��ual process. Mr. Abrams stated he understood and respected the��Commission's and the City's constr�ints, both practical and political, but he also hoped the Cor�mission understood Storer's constraints. Mr. Moravetz stated they would proceed as quickly as nossible on this request, but he wanted P1r. Abrams to convey to Storer what the situation was. Mr. Abrams stated Nov. 18th was also a convenient date because �1r. Jim Rogers, atto►-ney representing SCI Holdings,would be in town for the hearinns in Blooc�- in�-,ton and St. Louis Park. Additionally, Todd Sperry, Vice-President of the Northeast Region for Storer, should be in town, and Martha Srody from Storer's law office in Miami should be present. These people could probably answer questinns about the transaction and what changes, if any, will be harpeninn in both Miar�i and Fridley on the consummation of the transaction. That was another reason ►•�hy he thouyht a public hearin� on Nov. 18th would be convenient for both sides. Ne stated, however, that because of the ti^�e frame problens expressed by Mr. Moravetz, he would talk to P1r. Rogers the following day and see if a Dec. 2, public hearing date would be possible. After talking to �•ir. Rogers, he would contact Mr. Moravetz. The Commiss�on members agreed to give P1r. Moravetz the authority to proceed in whatever way he felt was appropriate after meetinq with Mr. P1atts. Mr. "1oravetz stated that after reviewinq the materia.ls and discussing them with Mr. Matz, ne would poll the Commission members by telenhone before recor�mending the three options to the Cit� Council. 3. 4ECEIVE FRIDLEY CABLE CnNSORTIUM (FCC) JULY 23, 1985, AND SEPTEMBER 3, 1985, � I � I E : ��,�. Kaspszak stated that he was a little disturbed that Storer w�s even thinkinq about moving out of the local origination arena. He stated this was discussed extensively at the last meeting, but he thought it bore mentioning again. AJOTIO�ti' BY .MR. KASPSZAK, SECONDED BY MR. WEAVER, TO RF,CEIVF. THF. FRIDLF.Y CABLF, COI,ISORTIUM (FCC) MEETING MINUTF,S. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPF.RSON PF.TERSON DECLARED THF, MOTION CARRZED UNANIMDZiSLY. 4. RECEIVE A�JD DISCUSS REPORT ON SURVEY OF GOVERNMENT CHANNEL VIEWERSHIP: Mr. Moravetz stated Bill Hunt and Angela Forrest would like any input fror� the Com►nission members in response to the survey that was conducted. It was 10D CATV AD`dISORY COP1MISSIf1�� 1EETING, OCTOBER 17, 1985 PAGE 5 his opinion that �►e would not want too much money recormended in programminq in liqht of what is being viewed and fn lic�f�t of the small numbers that have respon�ed. Mr. Moravetz stated there was a questionnaire at the end of the survev that the �ommissioners were invited to fill out and submit lndividuallv, �r. Kaspszak stated he agreed the viewersF�ip was not verv good. :10TION BY MR. STOUFFER, SECONDF.D BY MR. WEAVER, TO RECEIVE THF. REPORT ON _S�'R"EY OF GOVER1ti.fEN'_^ CHANNEL VIEWERSNIP. JPOti A �'OICE VOTE, ALL VOTZNG AYF., CHAIRPEP.SON PETERSON DECLARF.D THE MOTION C:�RRIED UNANIl10USLY. 5. OTHER BUSIP�ESS: a. Rec�uest by HRA for CATU Advisory Commissi�n Member(s) to atten�i Nov. 18th HRA Meeting Mr. Moravetz stated that at the July meetinq, Pts. Nughes made a motion whici��dr. Kasrszak seconded to recommend to the HRA that they reimburse Storer for relocation of the underground facilities west of University Ave. along Plississippi St, in conjunction with Center City imnrover�ents. �t a joint meeting between the City Council and the HRA, the HP.A decided to stick by the ordinance that says this is not a reimbursable item anci r�ade a motion not to reimburse Storer. He stated Storer'S contention is that NSP and Northwestern Bell are bing reimbursed for tntal costs of their relocation, and Storer has to oay total costs an�i that the subscribers ultimately will be penalized with rate increases, inc. Mr. Ploravetz stated that at the last HRA meeting, the HRA decided to reconsider Storer's request, and this item will be discussed agairr at their Nov. 14th meeting. The HRA would like a CATV Advisory Commission member or members to attend that meeting to further elaborate on why the Commission thinks Storer should be reimbursed. He stated he had talked to fts. Hughes who made the motion. She has not changed her opinion and she wi11 attend the HRA meeting and further support Storer's reouest. He stated all other Comriission members were invited to attend. Fis. Gilbertson stated one other reason why Storer is trying to get reimbursed for this project is that even though they do have a contract with the City of Fridley that says they will pay far relocation of underground facilities, in this situation it is not just strictly a Cit� of Fridley funded project. It is an HRA project and HRA projects are state and county and city all combined. So, if the HRA has to submit a proposal to get this mo:��ey from all three, then Storer cannot understand why they cannot be included in that and be reimbursed. 10E C!1TV ADVISORY COMMISSIO�� MEETING, OCTOBER 17, 1985 PAGE 6 Mr, l�leaver stated he agreed with that and his feelinv was very stronc� that Storer should be reimbursed, but i.t sf�ould be made clear that the Commission was not advocating Storer's position but was supporting the rationale behind the Cor�mission's recommendation that Storer be reimbursed. t�s. Gtlbertson stated that was Storer's understanding. Mr. Weaver stated there should also be some reminder that when thev rewrite the ordinance, they ma ke some changes to make sure this ty�e of thing does not happen again. He stated he felt it was extremelv unfair th�t two utilities were go�ng to be reimbursed and the cable onerator, which he viewed as anot�er utility, was being discriminated aqainst. 6. C��JFIRt�I DATE FOR NEXT MEETING: Next meeting date: Thursday, Nov. 21, at 7:00 p.m. ADJOUR�JME�JT: "�.'�'"ION B1' �iR. WEAVER, SF.CONDED BY MR. KASPSZAK, TO ADJOURN THE MEETING. UPON A VO=CE VOTE, ALL VOTING AYE, CHAIRPF.RSON PETERSON DECLAF2ED THE OCT. 17, 1985, CA"V AD'JISORY COMMISSION MEETIR'G ADJDURNED AT 9:00 P.M. Respectfully subm'tted, "�- � L_ �� Lynne Saba Recording Secretary 11 ., CITY OF FRIDLEY PLANt�IPIr, COMMISSION MEETII�G, NOVEMBER 6, 1985 CALL TO ORDER: Chairwoman Schnabel called the November 6, 1985, Planning Canmission meetinq to order at 7:33 p.m. ROLL CALL: Menbers Presen� : Ms. Schnabel, Mr. Oquist, Hr. Saha, Ms. Gabel, Mr. Minton, Mr. Kondrick, Mr, Wellan Menbers Absent : None Otl�ers Prese��:: Jim Robinson, Planning Coordinator Aderi an Smi th, 3828 - 172nd Ave, t�. IJ. , Anoka Charles S. Cook, 12640 Grouse St., Coon Rapids Steven Hanson, 12057 Duke Dr. PJ,E. Roger 8 Sue Haugen, 4056 Constance Blvd. Sid Inman, 6741 Overton David Weir, 320 Woodbridge Plaza Eric Nesset, 1151 Friar Lane . David C. Schumber, 5029 - 16th Avenue See Attached List APPROVAL OF OCTOBER 9, 1985, PLANNIPJG COMMISSION NINUTES: M�'IOI: BY IlR. KONDRICK, SECVfiDED BY M•F2. SABA, TO APPPOVE _"'HF. OCTOF3F.P. Q, 1985, PL�.NNIi�G COMMISSIDN MINUTES. Ms. Gabel indicated that on �age 6, second paragraph, the secon�i sentence sh�uld be deleted in its entirety. UPOh A VOICE VOTE, ALL VOTING AYE, CHAIRiTOMAN SCHl�ABEL DECLARED THE MII�UTES APPROt�F.D AS AMENDED. 1. PUBLIC HEARI�IG: CONSIDERATION OF A SPECIAL USE PERMIT SP #85-12, BY ERIAN SMITH: Per Section 205.05.4 of the Fridley Citv Code, to allo�� a different corriercial use in an S-1 zoning district (soecial zoning district for Hyde Park) located on Lots 27 and 28, Block 12, Nyde Park, the same being 5973 - 3rd Street �I.E. XO� ION BY MR. KONDRICK, SECONDED BY MS. GABEL, TY� OPEN THE PUBZIC XEAF?I11G. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCHNABEL DECLARED THE PUBLIC BEARING OPEN AT 7:34 P.H, Mr. Robinson stated this property was located in the Hyde Park area, west of University Ave., and south of 60th Ave. The property was last occupied b� The Energy Shed. The change of business was what required the snecial use oermit. 11A PLANNItJr COMMISSION t�EETINr,, NOVENI6ER 6, 1985 PA�E 2 Mr. Robinson stated the property was zoned S-1, special zoninq far Nyde Park, which was a relatively new zoning. The property was surrounded by single family, multiple, and a few commercial businesses across from the property on University Ave. Mr. Robinson stated the structure was approx. 2,300 sq. ft. and the �roposal was to put in a small printfng business. The petitioner has agreed to make substantial site improvements. He has worked with City Staff on what has to done to 6ring tfie property up to code. Included with the exterior improvements was cedar siding on all four sides of the building. The interior will be divided 50� to reception and office area and the easterly 50� to shop area. Site improvertients include new parking and landscapinq. The City was suggesting the petitioner purcfiase from the City a portion of Lot 29, approx. 1�604 sq. ft., in order to bring tF�e property un to code in terms of layinq out a parkinq lot to meet city code dimensions. The petitioner was agreeable to this. With that additional property, the petitioner would be able to put in 10 stalls and also allow setback from the property required by code and still have ample room for hedging and trees to screen the parking area. Mr. Robinson stated Staff was recommending the following stipulations: 1, Make exterior improvements to building, as per plan, by May l, 1986, 2. Purcf�ase a portion of Lot 29, approx. 1,604 sq.,ft., from the Citv as per plot plan by City by Feb. 1, 1986. (4Ji11 require formal Council approval 3. Provide parking area as per plot plan by City, with concrete curbing and asphalt paving by July 1, 1985. 4. Provide landscaping as per plot plan by City by Aug. 1, 1986. 5. Provide a sound insulated chamber for air compressor nrior to occupancy. 6. Provide a site improvement performance bond in the amount of $5,000 prior to issuance of buildinn permit. 7. Expansion of tF�e proposed busi�ness including the addition of a printing press or building additions will require a special use permit review. 8. Employee parking needs should not exceed 8 stalls at any one time, unless additional parking is made available. Mr. Aderian Smith stated they are not only a printing business, but are actually an advertising business, One of the products is a full color tele- phone book cover enclosed in vinyl and sent out to the residents. They have a sales force across the United States. They will do no printing that is offensive to anyone. The air compressor they use is a regular 5 horse air compressor used in any service station. It was not excessively noisy, but for the protection of people working close to it, it will be screened. He stated he has no o6jection to tf�e stipulations. The 8 parking stalls would be adequate because at no one time would they have more than 8 peot�le in the building. Mr. Saba stated he saw that the business planned to use a Thermatron RF sealer shuttle system. He was familiar with its function, and in the past, he has seen a lot of problems with things happening to garage door openers, cordless tele- phones, etc., because of the higi� energy concentration. 11B _ PLANNI��G COI�M,ISSIOfJ MEETING, NOVEFI6ER 6, 1985 PAGE 3 Mr. Smith stated the machine has to be fully screened. It is a regular Thermatron FCC approved fully screened machine. The environment inside the macF�ine screens the RF factor. He stated they can play a radio within 10 ft. of thi s macFii ne wfificfi i s one of the fi rst thi ngs i t woul d affect. A resident asked what hours tf�e business would be open. Mr. Snith stated tf�ey would 6e open four days a week, Mon. - Thurs., from 7 a.m, to 5 p.m. He stated the office will be onen Mon. - Fri., but only 2-3 oeople are in the office on Friday. Mr. Kearney Frank, 6010 3rd St., asked about the special Hyde Park zoning. Ms. Schnabel stated the special zoning came about because of zoning aroblems that occurred in the area. Ms. Gabel stated she chaired the corr�nittee that worked on rezoning that neiqh- �rhood. It took a full eigfit years to take care of it. LJhat was happening v�as tfiere was a strange zoning occurrence in the 1960's and �eo�le who had homes were not allowed to rebuild if there homes were destroyed and sor�e people couldn't get mortgages. When people wanted to sell their homes, buyers couldn't get mortgages eitf�er. Tf�e idea of rezoning was for people to be ahle to keep tF�eir fiomes and not have any more density in the neighborhood. Tfie businesses were to 6e allowed to exist but were not to be increased in size, which was part of a problem sf�e had with this special use permit request. The wf�ole concept was for the neigf�borF�ood to try to turn itself around and become residential again. To a degree tf�at has happened as there are a lot of new homes in the area. Mr. Willard Guimont, 5980 3rd St., asked that if this special use perr�it was approved and this business proposal fell through, could any type of business go in there? Ms. Schnabel stated this special use permit went with this business only. If this business did not go in, any other business would have to go through the same process and apply for a special use nermit. Mr. Robinson stated that as a safeguard, a stipulation could be added that the special use permit was for this particular business only. Ms, Gabel stated she was opposed to the Citv selling right of way because part of the overall plan for Hyde Park was that the businesses were to be allowed to exist, but were not to be expanded in any way because that was a deterrent to keeping the residential character of the neighborhood. She did not think �fus was appropriate for tFie overall plan. Mr. Robinson stated that in reading the code, it was a matter of interpretation. The code says "existing uses other than single family are permitted uses". It went on to say that if they are damaged or destroyed, the existing use will be allowed to rebuild but shall not exceed the size or setbacks of the existing 11C PLANNING COMMISSIOro NIEETING, N011EMBER 6, 1985 PAGE 4 structure. Alterations may 6e made when they improve the structure,nrovided they will not increase t�e number of dwelling units, the bulk of the buildina, or enlarge tf�e use. Mr. Robinson stated tF�at regarding this request, they are just trying to create a parking lot to code that has some landscapinq and some other amenities wfiich are possible by tfie purchase of the extra land. They are not increasing the si ze of tf�e bui 1 di ng. Ms. Gabel stated she was concerned that if the,y start this kind of thing, more of it is going to happen, and tf�ey are going to lose the whole intent of the rezoning wf�ich was to return tf�e neigh6orhood to its residential quality. She did not care to see tf�is kind of precedent set. Mr. Robinson stated the alternative was to have the property remain as it was with substandard parking and no landscaping. Mr. Bob Ecker, 5940 3rd St., stated the thing he did not like was the slip-off or turn-off at University onto 3rd St. He wished that had never been constructed by the City. He stated closing the slip-off would create more room for the peti_tioner's parking lot and additional proeprty would not have to acquired from tf� Ci ty. The otf�er residents present at the meeting agreed with Mr. Ecker. Mr. Robinson stated the closing off of the slip-off was something the Citv could takP a loolc at. Ms. Gabel stated that before the City pursued something like that, she would like to find out about assessments--how ti�e cost would be taken care of tf it were removed as the people have paid for it once already, Mr. Wellan stated that if a majority of the land purchased from the City was to be used to improve the aesthetics of the area, he would be in favor of the purchase of additional land. Mr. Saba stated he did not think they could really set a precedent in a special zoning district. It is a special zoning area with unique situations and, in this particular case, f�e could see both Ms. Gabel's point of view, but he could also see tF�e City's point of view where they want to see the propert.v brought up to code and looking nice for the neighborhood. Mr. Kearney Frank stated he wanted to see the business and property looking nice. If the City has some property it can sell and it will improve the Qroperty and as long as the petitioner takes care of the property and there is no noise, he did not see anything wrong with it. Mr. Bob Ecker stated he would like to have the City Council give some serious consideration to closing off the slip-off. 11D PLAWNIP�r, COMMISSION NIEETING, N011EMBER 6, 1985 PA�E 5 Mr. Robinson stated the City has had 6-7 different requests for this propertv, and this was the first request that was reasonable and fit for this neighbor- hood, and the first petitioner who was willing to make these improvements to the property. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCXNABEL DSCLARF.D THE Pi�BLIC HEARING CLOSED AT 8 �8 P.M. Mr. Minton stated one concern raised was tf�at this would set a nrecedent for otfier businesses in t�e area, and he thought the Planninq Cor.xnission should ma{�,e i t very cl ear tf�at i t does not. Ms. Schnabel stated that since Ms. Gabel was a resident in the area and had chaired the committee that worked on the zonina, she certainly had more experience and knowledge of tf�e area; however, Ms. Schnabel stated she would like to see the landscaping done in some way. She felt screeninq of the parking lot was important, especially if in ti�e future the slip-off was vacated and the rest of the property was sold off for a single family home, in which case good screening would be very important. Mr. Kondrick stated the point made bv Mr. Saba that this was a special area with unique situations was a good point. This particular request was an excep- tion, The area ltself �ras an exception. He felt each situation has to be looked at individually, He felt the plan as submitted was a good �lan and the stipulations were fine. He did have some reservations about the purchase of proQerty also, but, as pointed out by a neigf�bor, the area will be improved as right now the area looks kind of bad. The business was not an offensive business; the renovation of tf�e building will be a big help to the area, and he felt that apnroving this soecial use permit for this propertv would be a good move. Mr. Oquist stated that because the Citv was requesting that the petitioner purchase the extra land to brinq the pro�erts� up to code, not the petitioner wantina to enhance the nropert.y, and that the majority of the land was far landscaping, he felt it was very clear they were not settinq a �recedent. MOTION BY MR. KONDRICY,, SECONDED BY MR. WELLAN, TO RF.COMMEND TO CITY COUNCIL P� PROVAL SPECIAL USE PE'R1NIT, SP #85-12, BY E. ADERIAN SMITH, pF,R SECTION 205.05,4 OF THE FRIDLEY CITY CODE TO AL7AG7 A DIFFERENT COMMERCIAL USE IN AN S-1 DISTRICT (SPECIAL ZONING DISTRICT FOR HYDE PARK) LOCATED ON LOTS 27 AND 28� BLOCK 12, XYDE PARK, THE SAME BEING 5973 - 3RD STREET N.E., WITH THE FOLLOWING STIPULATIONS: 1. MAKE EXTERIOR IMPROVEMENTS TO BUILDING, AS PER PLAN, BY MAY I, I986, 2. PURCHASE A PORTION OF 7AT 29, APPROX. Z,604 SQ. FT., FROM THE CITY AS PER PLOT PLAN BY CITY BY FEB. 1, 1986. 3. PROVIDE PARKING AREA AS PER PLOT PLAN BY CITY WITH CONCRETE CURBIIJG AND ASpHALT PAVING BY JULY 1, 1986. 4. PROVIDE LANDSCAPING AS PER PLOT PLAN BY CITY BY AUG. 1, 1986. 11E PLANNIWG COM��ISSION NIEETING, NOVEMBER 6, 1985 PAGE 6 5. PROVIDE A SOUND INSULATED CHAMBER FL�R AIR COMPRESSOR PRIOR TO OCCUPANCY. 6. PROVIDE A SITE IMPROVEMENT PERFORMANCE BOND IN THE AMOUNT OF $5,000 PRIOR TO ISSUANCE OF BUILDING PFRMIT. 7. EXPANSION OF THE PROPOSED BUSINESS INCLUDING THE ADDITION OF A PRINTING PRESS OR BUILDING ADDITIONS WILL REQUIRE A SPECIAL USE PERMIT REVIEW. 8, EMPLOYEE PARKING NEEDS SHOULD NOT EXCEED 8 STALLS AT ANY ONE TIME, UNLESS ADDITIONAL PARKING IS MADE AVAILABLE. 9. THIS SPECIAL U5E PERMIT FDR THE PROPOSED BUSINESS ONLY. Ms. Schnabel stated she was willing to support the motion reqarding stinulation #2 tf�at the petitioner would purchase the additional property, based on the premise tf�at tfie purCfiase was i niti ated by the City i n order to bri ng the property up to code a�d was not initiated by the petitioner. UPON A VOICE VOTE, ALL [�OTING AYE, CHAIRWOMAN SCHNABEL DECLARF.D THE MOTION CARRIED UNANIMOUSLY. Ms. 5chnabel stated this iteM would go to City Council on Nov. 18. MOTION BY MS. GABEL, SECONDED BY MR. SABA, TO RECOMMEND THAT CITY STAFF LOOK INTO THE POSSIBILIT'Y OF CLOSING THE SLIP-OFF FROM UNIVERISTY TO 3RD STREET, WHA T THE COSTS WOULD BE AND HOW THOSE COST5 WOULD BE BORNE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIG NEARING: CONSIDERATIO�d OF A PRELIMINARY PLAT, P.S. #85-06, RIVERWOOD „n►� t3r I.HAKLES 5. COOK: Being a replat of a of Lots 27, 28, 29, and 30, Revised Auditor's Sub- division No. 77, except Blocks 1 and 2 platted as Riverwood Manor, and except that part of said Lot 28 lying Easterly of tf�e following described line: Beginninq at a point on the South line of said Lot 28 distant 315.64 feet West of the Southeast corner thereof (said Southeast corner being in the centerline of East River Road) thence North at right angles fror� said South li.ne to lts intersection with the North line of said Lot 28 and there terminating. MOTYpN By IyR� ppjtlST„ SECONDED BY MR. MINTON, TO OPEN THE PIIBLIC HF.ARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THF. PUBLIC HEARING OPEN AT 8:25 P.M. Mr. Robinson stated this proposed plat was west of East River Road and north of 71st and south of 71Z Way. It was bounded by all single family homes and was the site of tfie old Riverwood Elementary School. The entire aropertv was zoned pu6lic, except Lots 1 and 2, Block 3. With the replat, zoning to R-1 would be automatic. 11F PLANNING COMMISSION MEE7ING, NOVEP�BER 6, 1985 PAGE 7 Mr. Robinson stated tf�e plat called for the division into three separate 6locks. Block 1, 2, and 3 for a total of 31 sinqle family lots, all the proposed lots are of adequate size and area per code, with areas ranging from 9,000 sq. ft. to i7,000 sq. ft. Al1 lots were 75 ft. wide at the setback area. The developers were in the process of filing petitions with the City for the construction of a new street called Riverwood Drive and to install sewer and water. Mr. Robinson stated 71st Wa.v and 71Z Wav will remain as is, except for the existing cul de sac can 71%2 Way which will be reinoved and reworked with a new cul de sac built further east. Mr. Robinson stated there were two properties that were the most directly affected by this preliminary plat. One property was labeled "exception" at 7136 East River Road. Presently this property has drivewav access off East River Road. Witfi tfie plat initially, tf�ere was no provision for access onto the nerr road. Tfie City was requesting tf�at an outlot be platted to give �his property a 25 ft, parcel for access to tf�e proposed road, in addition to that, the owner of this property is reQUesting sanitary sewer be provided from the new sewer line to f�is propert,y as he was presently utilizing the sanitary sewer system. Ti�e City would also have to have a drainage easement �t�iich would be part of the outlot. Mr. Robinson stated these things have been discussed with the petitioner, and he is agreeable to these things. Mr. Robinson stated tf�e other lot was 105 71� Way. That particular lot has access off tf�e existing cul de sac. When the new road goes in, the cul de sac portion of 7112 Way will be removed and sodded and that lot will have access off the new road. That lot was quite large at 28,000 sq. ft. It would be possible to split the lot to create two lots. The developer has talked to both property owners; and other than the agreer�ent that sanitary sewer be provided to 7136 East River Road, neither of the property owners wanted to be part, of this plat. Mr. Robinson stated the City was recommending the following stipulations: 1. Provide a 15 ft, utility easement over Outlot A to be qranted to exception area. (7136 East River Road) 2. Provide a street and bikeway/walkway easement over the easterlv 25 feet of the nlat. ` 3. Work with Engineering to develop a storm drainage plan. Mr, Charles Cook stated he wanted to noint out that the School District has had extensive public hearings and studies done on the disposition of this site. After extensive appraisal work and public hearings, etc., they have determined it was to the best interest of the communitv to return the site back to residential use. Mr. Don Weeding, 7153 Riverview Terrace, stated he served on the School Board committee tE�at looked at the school's disposition of this property. The Cormittee did recommend to tf�e School Board tf�at the property be returned to residential use. After looking at various proposals and public hearings, the School Board approved the property for single family. He stated he was very pleased to see it go this way. He felt very comfortable with what the developer has proposed and he was in favor of the plat. 11G PLANNIWG COMNIISSIOp'�EETING,��O�ENIBER'6,'1985 PAGE 8 Ms. Schnabel stated she would like to commend the developer and citv staff and all the people in tfie neighborhood w�o have worked on this together. P, lot of time and effort �as gone into t�is and, honefully, it has created a good feeling among the neig�6orhood. Mr. Kondrick stated t�ere is going to be a qroblem on 71st with the traffic, but there really wasn't muc� that can be done about it. He was in favor of this development. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO CLO5F, THE PUBLIC HF.ARING. UPON A VOICE VOTE, ALL VDTING AYE, CHAIRWOMAN SCHNABEL DF,CLARED TNE PUALIC HEARING CLOSED AT 8:47 P.kt, MOTION BY MR. KONDRICK, SECONDED BY MR. MINTON, TO RECOMMEND TO CITY COIINCIL APPROVAL OF PRELIMINARY PLAT, P.S. #85-06, RIVERWOOD PARK, BY CHARLES S. COOK, BEING A REPLAT OF ALL OF IATS 2i, 28, 29 AND 30, REVISED AUDITOR'5 SUBDIVISION NO. 77, EXCEPT BLOCKS 1 ANb 2 PLATTED AS RIVERWOOD MANOR, AND EXF,PT TNAT PART OF SAID LOT 28 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 28 DISTANT 315.64 FEET WEST OF THF. SOUTHEAST CORNER TNEREOF (5AID SDUTHEAST CORNER BEING IN THE CENTERLINE OF EAST RIVER ROADj THENCE NORTH AT RIGHT ANGLES FROM SAID SOUTH LINB TO ITS INTERSECTION WITH THE NORTH LINE OF SAID LOT 28 AND TAERE TERMINATING, WITH TKE FOLLOF7ZNG STIPULATIONS: 1. PROVIDE A 15 FT. UTILITY EASEMENT OVER OUTLOT A TO BE GRANTED TO EXCEPTION AREA. 2. PROVIDE A STREET AND BIKEWAY/WALKWAY EASEMENT OVER THF. EA.STERLY 25 FEET OF THE PLAT. 3. WORK WITH ENGINEERING TO DEVELOP A STORIN DRAINAGF, PLAN, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRH�MAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on Dec. 2. 3, REVIEW OF SPECIAL USE PERMIT, SP #78-13, BY MINNESOTA PETRQLEUM: Mr. Robinson stated this particular business was located east of University, and north of 53rd, just north of the Amoco Station, A little historv on this particular business: TF�is business received a special use permit ��n Dec. 18, 1978, fror� the City Council, to operate a fuel pump refurbishinc� business. The zoning was C-2, general business, and the special use permit was for a business consistent with that zoning. Recently there was a fire at the business and Bob Aldrich, Fridley Fire Chief, noted there was hazardous waste stored above ground in 55 gal, drums, primarily polyester resins which he classifie� as �aving relatively severe fi�re hazard classification. Mr. Robinson stated Staff was asked to look into this situation, did so, and responded to Mr. Steve Hanson, owner of the business, on Aug. 19, 1985 (letter in agenda}. In the letter, Staff stated they felt Mr. Hanson had expanded his business to something tf�at was beyond commercial and was industrial in nature, 11H PLANNI��G COMNIISSION MEETIfVG; �NOVEMBER 6, 1985 PAGE 9 -- � speclfically tf�e business was expanded from a pump refurbishing to a business �chich was called Armor Shield Tank Lining. That business included refurbishing underground tanks for gas stations, etc. As part of the process, water which rtias polluted witfi gasoline was brougFit back to the site, Some of the ather storage activities on the site included tanks which really did not fit into commercia7 zoning. Tfiey asked the owner to cease this "industrial use". Also, they reiterated the City's position tf�at the property should be brouaht up to code as was promised with tf�e special use permit in 1978 but was never done. Mr. Robi nson stated tf�at develop a plan to bring cooperative. since that time, Staff has worked with Mr. Hanson to the property up to code. Mr. Hanson has been Mr. Robi_nson stated Staff was recommending the following stipulations: 1. Replace fence, as per plan, by Nov. 29, 1985 2. Install new fence, as per plan, for additional storage area on the 3. 4. 5. 6, 7. 8. 9. 10. southwest corner of buitding by Nov. 29, 1985. Install new fence to eqclose dumpster area, as per olan, by Nov. 29, 1985. � Install landscaping, as per plan, by Nov. 29, 1985. Stain or paint 6uilding by Nov. 29, 1985. Remove Armor Shield Tank L�ning sign and replace Minnesota Petroleum Service sign 6y Nov. 29, 1985. Rearrange storage yard and place all material, including the equipment on the pronerty to the north, within fenced area by Feb. 28, 1986, Remove trailer from storage yard by Feb. 28, 1986. Replace blacktopping within storage yard by June l, 1986. Supply to the City a performance bond in the amount of $2,000 upon City Council approval, Mr. Kondrick stated this has been a very bad situation. He would hope the Ci.ty would take every precaution to make sure tF�ese stipulations are adhered to, and that this type of poor operation does not happen again. Mr. Oquist stated the City was only requirin_q a$2,000 performance bonc! while the City required a$5,000 performance bond for the first petitioner. This seemed kind of inconsistent. Mr. Hanson stated that because of the nature of their work which is serving service stations and installing this kind of equipment, they became a trans- eorter of hazardous waste materials, specifically p�lyester resins and water tn a gasoline tank wfiich tf�en becomes hazardous waste. In order to comply �cit�i the 1 aw, they Fiave to handl e tf�ose wastes and have to f i 1 e documentati on �cith the EPA to make sure tF�e hazardous waste is disposed of in a safe manner. Tank lining gets into more than just petroleum tanks; it gets into water tanks, stre�t sweeper tanks, fire engine tanks, etc. Tank lining is a very strong viable environmental issue of 1980 and will continue to be. He stated their company, both Minnesota Petroleum and Armor Tank Linin�, are going to try to help people meet the state and federal requirer�ents. >>i PLANNING COMMISSION FIEETING, NOVEMBER 6, 1985 PAGE 10 Mr. Hanson stated they had not realized that the hazardous waste material which they can only have on site for ten days was a definite code violation in the City. He stated the tank lining aperation has been moved to another site as they were in need of anotf�er facility even before the time of the fire. Mr. Hanson stated tF�at as far as the stipulations listed, the,y feel thev can comply witf� these stipulations. Regarding the $2,000 �erformance bond, possibly tf�.e only thing that will not 5e done by tF�e end of November was the removal of the trailer and tF�ey f�oped to have tf�at done by the end of January. Mr. Hanson stated that regarding stipulation #6, they would like to retain the sign tF�at says "Armor Shield Tank Lininq" sign because this was the office for both companies, it is where their mail is delivered and where people call ther�. They are willing to remove tf�e Minnesota Petroleum Service sign. Ms, Schnabel suggested the possibility of having a sign per code that had both company names on it. Mr. Hanson stated that was a good possibilitv. Mr. Oquist recor�mended stipulation #6 be reworded to state that both Minnesota Petroleum Service and Armor Shield Tank Lining signs be removed and that one sfgn be erected that would accomnodate both businesses. He had no qrobler� with a single combination sign that met city code. Mr. Hanson stated they have tried to keep any r�ajor code vi�lations down, but outside the fence area was a shambles. He stated that was their fault, and they pTanned to get things lookinc� better. Ms. Schnabel stated she felt all the Planning Commission mer�bers agree�i that this business has looked very shabby for a lonq time, even before the fire. If Mr. Hanson can sf�ow in good faith that they are going to clean it all up, put in landscaping and blacktopping, and it is all done by June 1, 1986, she did not think any of the Commissioners would have a problem with that. She stated they do want Mr. Hanson's business in Fridley, but they want that business in code com�liance. Ms. Schnabel suggested tf�is special use permit be reviewed again by the Planning C�mmission in June 1986. MOTION BY lNR. OQi1IS_T, SECONDED BY MR. SABA, TO RECOMMEI�D TO CITY COUFCIL APPROVAL OF TXE FOLLOWING STIPULATIONS IN ORDF.A. FOP. SPECIAL USE PERMIT, SP �178-I3, Tb BE ALI,OWED TD CONTINUE: Z. REPLACS FENCE, AS PER PLAN, BY NOVEMBER 29, 1985. 2. INSTALL NEW FENCE, AS PER PLAN, FOR ADDITIONAL S�IURAGE AREA ON THE SOUTXWEST CORNER OF BUILDING BY NOV. 29, 1985. 3. INSTALL NEW FENCE TO ENCLOSE DUMPSTER AREA, AS PER PLAN, BY A'OV. 29, 1985. 4. INSTALL LANDSCAPING, AS PER PLAN, BY NOV. 29, 1985. 5, STAIN OF. PAINT BUILDZNG AND FENCING BY NOV. 29, 1985. 6. REMOVE ARtfOR SXIELD TANK LINING SIGN AND MINNESOTA PF,TROLEUM SERVICE SIGN AND REPLACE WITH A SINGLE COMBINA TION SIGN TO ACCOMMODA._TE BOTX SUSZZVESSES WFIICX 1�lEETS CITY CODE. TO BE ACCOMPLISHED BY NO'✓. 30, I985. �CO►1t. � 11J PL�1�Jid?;�G C01�111ISSI0(� t1EETIP�G, NOVEt�1BER 6, 1935 PA(;E 11 7. REARRANGF. STORAGE YARD AND PLACE ALL MATERIAL INCLUDING THE EQUPMEKT UN TffE PROPEkTY TO THE NORTH WITHIN FENCED AREA BY FEB. 28, Ig86. 8. REMOVF' TXAILER FROM STORAGE YARD BY FEB. 28, Z986. 9. REPLACE BLACKTOPPING WITHIN STORAGF, YARD BY JUNE I, 1986. 10, SUPPLY TO TNE CITY A PERFORMANCE BOND IN THE AMOUNT OF $2,000 UPON CITY COUNCIL APPROVAL. 11. ALL EQUIPMENT ANb MATERIALS UNIQUE TO THE ARMOR SHISLD TANK LINING BUSINESS BE REMOVED FROM THE SITE AND CONTINUE TO BE REMOVF,D FROM TfiE SI^'S. 12. SPECIAL USE PERMIT TO BE REVIEWED BY THE PLANNING COMMISSIDN IN JUNE 1986. UPON A VOICE VOTE, ALL VOTING AYE, CHAI�VOMAN SCHNABEL DECLARED '1'HF, MOTION CARRIED UNANIMOUSLY. �1s. Scftnabel stated tfiis request !�ould go to Ctit�� Conncil on idov. 18, _ __. ,.. . _.. _. 4. P.E(?JEST FR0�1 POTCr�TIAL {1fitEi�TPEfZS �tT� flRI'`11�-��PRORt��; h1r. Robinson stated it has been �roposed tFiat the drive-in pro�ert�� be included as a redevel or�r�Pnt �ii stri ct, actual 1 v Tax Increment Di stri ct #6. I��hat ►�as beinq re�uested of the Plannin� Corimission was that tfie�r consider �-�hether this pronosed development �or the drive-in �ropert��►�as consistent with *he Cit��'s Cor��prehensive Plan. �1r. Ro�i nson stated the Corimi ssi on members fiad recei ved a r�emo al onq ��i th some sections of tfie Cor��rehensive Plan; also sor�e illustrations and a nrelir�inarv site plan of the developr�ent. � '1r. Sid Inr�an, representing tlte Nolmes � Graven Law Frim, stated �.loodridqe Proper�ies gained legal right to deve�op tlie 100 i�rin �rive-In propert� sone months ago. Tliey hi red Holtrres & Graven to hel p ther� �ri th the devel o�r�en± of the site. At that tir�e, thev were contacted bv a number of potential land bu�%ers for budget r�o±els, discount retail stores, lo�•� grade r�anufacturinc�--low density iype of developments. lJoodridge came t� the Cit� to �resent their proposals and were informed by City Staff th�t the City had a different idea �or the drive-in hro�ert��. The Citv suggested a nur�ber of objectives to I�►oodridge Properties: (1) that the project be done in a master plan fashion; (2) that it be a campus approach in that it have a hiqh amenitv �ackage-- runnin� track, landscaping, possible fountains, moniiments, etc., the kind of thing found in a hiqh densit�� type of office develooment; (3) that it have i�peccable quality in the architecture and developr�ent, that it have distinquisiieri architecture, and tf�at it be a$40-60 million �rc►ject. t4r. Inr�an stated l�oodridge Properties agreed 4�itfi these ideas. He stated that in the nortl�ern area, there are a number of scattered buildings which have high architecture with various levels of ar�enit;es, but nothing of the r�aanitude of this nroposed develo�r�ent for the drive-in pronertv. He stated the first thinq that became clear to tJoodridqe Pro�erties rras thev �vould ha�e to actuall�� create a market in tl�e north area for this kind of developr�en±, �ne thing tl�ey 11K PLi��JfJII�G C01•N1fSSI0N f1EETItiG; t�OVE��B�12�'G; .19f3� � PAGE 12 discovered was that with this kind of development �vith the intensity of ti�e ar�eni t�� package, i t co�al d add from �3. 50-6. 00/sq . ft. on top of tl�e al ready $8-10/sq. ft., and if they needed structured parking, it could add another $2.50/sq. ft., bringing the cost close to $16-20/sq. ft. In order to develo� the market and deal witfi $17/sq. ft. cost, it was obvious there would have to be sor�e front-end i nducer�ent fron the Ci ty. Mr. Inr�an stated that at that time, the Cit�� indicated F'1C was goinc� to be nart of the develo�ment, and lJoodridge Pro�erti�s coo�erated with the Cit��; ho��ever, fairly recently F!1C decided to not be pari of the developnent. As soon as that happened, l�oodridge Pronerties began to trv to bring back the old concept to see if there was enough tir�e t� get it done. '1r. Tnrian stated one thing that was ir�portant for the Coemission to un�ierstand was what was going on in llashington. Ttivo weeks ago, the Legislative staff of the Congress drafted legislation ��►hich specificallv said th�t if a cit�� sells a!�ond to aid a developer and more than 10� of the proceeds of that bonci qo to the developer, it becomes w{iat is called a consumer loan bon�i and, tf�erefore, does not {iave tax exempt status and, tl�erefore, tfiere is no advantage to the Citv selling a bond. So, there was an interest to have this done b� Dec. 31, an�i that was arf�v the� were stepping througfi the process rel�tivel� fast. He stated thev f�ave been wor�.in� �vith tf�e City`s underwriters, '1iller & Schroeder, the Citv's bond counsel, 0'Connor & Hannan, and Cit� Staff. t�ir. Inr�an stated tliey r.iade a presentation at a joint Council/HRA meeting on Tuesday, Oct. 29. The�� asked the City Council and f�RA that if tfie tests are r�et after pu�lic hearings are held, �•�ould the Cit;� Council and HRA politicallv supporl: the redevelopment district? The general concensus of both the Hf',A and Cit�� Council was, �es, they �-�ould. P4r. Inrian stated they told tl�e City Council and HRA that the�� needed a substantial i nducerlent from tl�e Ci t��, u� to $9 mi 11 i on, to hel n 1Joodri dge Properti es devel o� the market. It was the concensus of t{�e HRA an�i the City Council tf�at, assuming tlie uncier�vri ters and attorne�� can guarantee tf�e Ci t�� i s secure and the i nterests of the Cit�� were f�eld to be all rigl�t, thev woul�i suo�ort tha�. '1r. Inr�an introduce.i '1r. Weir wf�o exnlalned the project to the Cor�missioners. �1r. Ocluist st�ted his biggest cancern �•�ould be traffic. The propert�� as essentiallv landlocked, and how were they going to move the traffic without sor�e .of that traffic� going tf�rough residential areas? He felt there ►•iere c��inq to so�e real probler�s with traffic. Mr. Weir stated about a year ago, the Citv of Fridley had a traffic stud�� done by a consultant for this area. He stated l�Joodridge Properties has also retained separate traffic consultants to ensure tf�e validity ofi that rer,ort. One of the issues related to traffic that was very s?gnificant was the bridae further to the north. That will be a major factor in handlin� traffic. Mr. Weir stated that one other access �oint, a secondarv ingress an�i eqress point, is off 7th St. to 57'-2 Ave., tying over to Universit� Ave. It has been their direction that this �ii11 be requfred as a means of exiting fror� the site. 11L PLAIJNI(r'G C0�1(1ISSIOId �IEETIfJG, ��OVE�1BER G� 1985 PA�E 13 In wf�at form that �yi 11 becor�e functional other than for fi re, safetv i ssues, etc., I�e did not know at this tir�e. He thought it was a less apParent route for people to use and probably would be used only by people who are �rorking tf�ere as o�posed to outsiders coming to vi sit sor�eone in one of tf�e offi ce buildings. Flr. Weir stated they are also very concerne.d about the traffic and will be studying it carefullv. �1s.Schnabel stated that wlthln tf�e last 1-2 years, an Znternal traffic �attern proposal for this area was brought before the Planninq Comr�ission. 'tenbers of the residential area were at the meeting, and the plannzng Cormissi�n heard corvnents and suggestions. Sfie would recommend the develoner revie�� those minutes of the discussion witfi tf�e neighbors to get a feel for hoa� the neiqhbors felt at that time. iis. Schnahel stated this was a ver�� handsor.�e develo�r�ent and �voul� certainlv be a►vonderful addition to Fridlev and the n�rthern suburbs, but the neigi�bors have to be satisfied v�ith the develo�ment. As a Commission, thev have alwavs been ver�� consistent in being considerate of tf�e neiqf�bors an�i the taxna��ers. Anci, �raffic has alwavs been the number one issue on that corner. '1r. Robinson stated the reason this was beiny brought before thP Plannin� Cor�imission was for the Planning Corm�ission to compare the develo�r�ent to the Conprhensive Plan and hopefiully find the development consistent %►ith the Pl�n. He stated there will be nublic hearin�s a�ith the HRA and a auhlic hearing for the zoning issues at tNf�ich time the neighbors will be notified. M�TION bv '1r. I:ondrick, seconded bv �1s.Gabe1, that the °lanning Cormiission aFi s reviewed and found the establishr�ent of Redevelonment District, Tax ?ncrement �i stri ct P�o. 6, to be consi stent wi tl� tf�e CZ t;�'s Comprehensi ve P1 an. U�on a voice vote, all voting aye, ChairNroman Schnabel declared the motion carried unanir�ously. 5. RFCEIPT OF CUf��1MISSIO�! I�1IfJUTES: "107IO�J b�� 'tr. Minton, seconded by t1r. Y.ondrick, to receive the follovring o�nm ssi on r�i nutes : Sept. 5, 1985, HRA minutes Sept. 30, 1935, HRA minutes Oct. 3, 1985, Human Resources Cor.mission ninutes Oct. 7, 19II5, Parks & Recreation Coc�rnission minutes Oct. 8, 1985, Comr�unitv Develo�r�ent Corimission minutes Oct. 10, 1935, HRA minutes �ct. 15, 19�5, Environmental �ualitv Conrnission mfnutes Oct. 15, 1985, An�eals Comr�ission minutes Oct. 29, 1985, Appeals Co�mission r�inutes 11M PLA��PdI(�G CO"�'1?SSIO�J PIEETI�iG, rJOV�i1BfR�6, �1985 PA�F 1� '1s. Sclmabel stated tf�at regarding the Oct. 7, 1985, Parks & Recreati�n Cor�mission minutes, she ��ould like to make a corr�nent regarding �aqe 4, iten 2, subparagraph (a) under �Jew Business: "Locke Park Entrance and Improver�ent". She stated she had a real problem with the Cit� �rovidina $10,000 out of park funds to help the County put in curbs and gutters for the entrance and parking facilities in Locke Park. She stated the Parks & Recreation Comnission f�ad made a motion requesting the Cit� Council consider this request from Anoka County. S�e stated the City does not give 510,000 to anyone else who cannot rieet the City's zoning code. lJhy should the Citv bail out the Countv? I�r. Kondrick stated he agreed witl��s. Schnabel. He stated he had not been at this meeting when this was discussed and the motion made. He felt this motion shoul�i not be voted on by the PlanninQ Cor�mission. He w�uld like to tal;e ti�i s i ter� back to the next Parks « Recreati on Commi ssi on meeti ng and rediscuss this iter�. He would report back at a future Planninq Commiss�on meetinc�. Upun a voice vote, all voting a��e, Chairwoman Schnabel declared the motion carried unanimouslv. 6. OTNER BUSIt�ESS: a. Pro�osal for Southwest Corner of Downtown Area P1r. Robinson stated tfiere is a develoner interested in the south�vest corner of tf�e downtoYm area for the development of a 12-story a�artment cor��lex of 240 apartr�ent units, with 9,000 sq. ft. commercial on tF�e first floor. Phase 2 would be °b0,000 sq. ft. of commercial and office, and Phase 3 would be about a 100-unit elderly building. Phase 4 would be an additional 60,000 sq. ft. of commercial. He 5tated that right now they are discussing the housing program related to the apartment complex. On November 18, there will be a public hearing at the City Co!�ncil to approve the housing program. The developer has talked to the HRA and City Council and they have tentative1y supported the project. Of major concern are the existing business people, and traffic is also a major concern. b. Wine Licensing �4r. Robinson stated a code change has been pronosed f�r Chanter 603, Intoxicating Liquor. This chanQe �vould accomnodate smaller restaurants which desire a wine license. The code sets a minimum of 75 seats while the state law requires a minimum seating capacity of 25 seats. The proposed code change is from 75 seats to 50 seats. '10TIOW bv Mr. Kondrick, seconded by Mr. 1Jellan, to a�nrove the recor�mended coae chanae to Chapter 603, Intoxicatinq Liquor, from 75 seat minimum to a 50 seat minimum for restaurants receiving a wine license. Ut�on a voice vote, a11 voting a��e, �hairwor►an Schnabel declared the motion carried unanimously. PLANt�I�;� COt•1�tISSI�� 11EETIFJ�, NOVE�1f3ER 6, 1985 �/1�E 15 c. Resignation of Planning Commission Chairwoman Ms. �chnabel stated she has been appointed to the NP,A replacinq ��r.n mer�ber, Carolvn Svendsen. She stated that because of the a�pointment, she must resign as chalrv�oman of tfie Planning Cormiissl�n. Sfie stated that before she can officially resign, the Cit� Coancil must appoint a ne�r chair�erson to ti�e Planning Corn�ission. The Planning Co►rmiission r�embers all expressed regret to hear that ;1s. Schnabel would be leaving tfte Com*�ission. She was an excellent cf�ai rwor�ian and they �voul d real l�� miss her. AD,lOURI�"�1E��i : ��IOTIO�J by �1r. l�llan, seconcied bv t•1r, Kon��ricF:, to adjourn vo— ice ��ote, all voting aye, Chairwoman Schnabel declared Plannirig Commission meeting adjourned at 10:45 P.t1. Respectfully submitted, ,�// i ,,�//.{�_\J � _ " ' � 5 L • �i � t �/I1t1C I . � a � Recordinq Secretarv the meeting. 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T b '�Zs n �o v 1 �� 4 , , � �e 1 � , ` � ` ! , � N i � � i� i � 4 � �� -_ = --- - - �.-- - _--�--- -�-y�,�-_ �,`= _ 1"C`� -- � ." �' � �� . 1- �� i �� A O � � �; � � �� N �� r,d � . �p� �L �rr L �gp� L�1' �� na � , ��f " !3' 3� � � . � � w C� � a e [ i �. I�i � ��c �� .1� � 7 �f ? `� Z�t'1�� P�'��F �_ � �� L ` �� a� �� o� i� L�� L �,r��./� �= o n � o C;� � �� f� 7 �y ��% � asy Z� o � . _ � � ��i� � wr� ��y : � F +�,°. a A� '� � �F �� '� �� R � � � � � � IF c� � � � � i.—_ - --- - - - - — — - -- - � 11X APPEALS CONMISSI�i MEETING, OCTOBER 29, 1985 PArE 4 Ms, Gabel concur d with what had been said by t�e other commissianers. MOTION BY MR. BARNA, SECONDED BY �lR. BETZOLD, TO APPROVE A VARIANCE REQUF.ST PURSUANT TD CHAPTE'R 2 OF THE FRIDLEY CITY CODE TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET T 19 FEET TO ALIAW THE CONSTRUCTIAN OF A LIPING ARF.A ADDITIGYV ON IATS 18 AND , AUDITOR'S SUBDNISIQN NO. 92� THE SAME BEING 5924 OAKWOOD MANOR. UPON A VOICE VOTE, ALL VOT CARRZED UNANIMOUSLY. NE1� BUSINESS: AYE, CXAIRPERSON GABEL DECLARED TXE MOTION 3. CONSIDERATION OF VARIANCE REQUESTS PURSUANT T� CHAPTER 205 OF THE FRIDLEY I1E �� TS ,, N 8, CK , �IVERSITY I DUSTRIA PARK DDI I�N, S tE EI��G 4 980 C R S equest y era asc e, n�versi y venue .., r� ey, �n. 55432) MOTZON BY 145. GEROU, SECONDED BY MR. BARNA, TO OPEN TXE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE', CNAIRPERSON GABEL DECLAREn TXF Pi1FLI!' HEARING OPEN AT 7:52 P.M. Chairperson Gabel read the Adr�inistrative Staff Report: ADr1I��ISTRATIVE STAFF REPORT 7940 and 7980 Rancher's Road and 7989 Main Street N.E. A. PUBLIC PURPOSE SERVED BY REOUIREMEtJT: Section 205.18.5D.5b requires all parking and hard surface areas to be no closer than five (5) feet from any side lot line. Section 205.18.5D.5c requires all parking and hard surface areas to be no closer than five (5) feet from any rear lot line. Public purpose served by these requirements is to reduce visual �ollution in the front yard, in areas adjacent to lot lines, and to separate parkina with landscaped areas. B. STATED HAROSHIP: "The placement of landscape 6uffers between developments is not conducive to efficient parking lot layout and maneuvering of semi-tractor trailers." 11Y APPEALS CONMISSIAtJ MEETING, OCTOBER 29, 1985 PAGE 5 C. ADMItJISTRATIVE STAFF REVIEW: The rear yard variances applied for arise from the construction of a jolnt parking area between Lots 4, 5, 6, an�i 7 which results in the elir�ination of the required 10 foot of green space which would normallv be centered over the rear lot lines. The side yard variances applied for involves the laading area on the northwest corner of the building on Lot 4 which is proposed to be paved to the north property line and the joint loadingJparking area between the buildings on Lot 7 and Lot 8. The elimination of these green areas does not significantly alter the intended visual quality of the industrial development as inten�ieci bv code. Large areas of green exist between buildings and the 5 foot rear yard setback on the other buildings is adhered to. If these variances are approved, Staff retommends the followin� stipulations: 1. Joint driveway easement/parking agreement between Lots 1, 2, 3, 4, 7, and 8(to allow circulation rights f ror� 79th to 81st Avenue) to be recorded at Anoka County prior to Certificate of Occupancv for Lot 7 or Lot 4. 2. Joint drivewav easement agreement bett�een Lots 4 and 7(to allow joint access off Rancher's Road) to be recorded at Anoka County prior to Certificate of (lccupancy for Lot 7 or Lot 4. 3. Provide proof of pond size adequacy before variance approval. Mr. Clark stated the Commission had a composite drawinq of all the Paschke buildings in this plat. The petitioner's proposal was outlined in the Staff report. Mr. Clark stated the pond was neaM'y completed. Mr. Paschke has built a storm water system that brings the water into the �ond through Qipe. The water is held there for a pertod of hours and then releases itself into the city system through a smaller pipe. Mr. Clark stated that as far as the pipes that were going in, he did not knov, whether those pipes were going to follow lot lines. If thev do not, easements should be required for the pipes also. XOTION BY MR. PLEMEL, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC NEARING. UPON A VOICE YOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC H^ARING CIASED AT 8:04 P.M. 11Z APPEALS COMMISSI�� MEETIWG, OCTOBER 29, 1985 PAGF 6 Mr. Barna stated they were actually gaining more green areas with the develorxnent being developed this way than they have had in this area with zero lot line buildinqs and joint ownership buildinqs. As far as the zero lot line parking spaces and driveways, he had less objection to that than he did to a zero lot line building. He would have no objection the the variances as requested. Mr. Betzold stated he liked the way they were channeling the heavy industrial traffic into the same areas and, as pointed out by Staff, thev are gaining green s�ace. The only thing he would add to the stipulations suc�gested bv Staff was that Lot 5 and Lot 6, even though Lot 6 is the pond, be included in the joint driveway easement/parking agreenents. MOTION BY MR, BETZOLD, SECONDED BY MR. BARNA, TO RECOIiMEND TO CIT}' COUNCIL APPROVAL OF VARIA'VCE RE�UESTS PURSUWVT TO CNAP"'ER 205 OF THE FRIDLEY CITY CODE TO REDUCE TXE REQUIRED SETBACK FOR PARY,ING AND HARD SURFACE ARF:AS FRO'f 5 FEET TO O FEET FROM ANY SIDE LOT LINE; TO REDUCE THE REQL�IRED SETBACK FOR PARKING AND HARD SURFACE AREAS FROM 5 FEET TO 0 FEET FROM A1VY REAA. LOT LINF. ON LOTS 4, 5, 6, 7, AND 8, BLOCK 4, UNI�'ERSITY INDUSTRIAL PARX. ADDITION, THE SAME BEING 7940 AND 7980 RANCXER'S ROAD Alllb 7989 1NAIN S'"REET N.E., WITN THE FOLLOWING STIPULATIONS: Z. JOIIJT DRIVEWAY EASEMEh'T/PARY,ING AGREEMEN.T BETWEEN IATS 1 THROUGN. 8 (TO ALIAW CIRCULATION RIGNTS FROM 79TN TO 81ST AVF.NUE) TO BE RECORDED AT ANOKA COUNTY PRIOR TO CERTIFICATE OF OCCUPANCY FOR LOT 7 OR IAT 4. 2. JOINT DRIVEWAY EASEMENT AGREEM.ENT BF.Tk'EEN LO^'S 4 AND 7(TO ALLO(:' JOINT ACCESS OFF RANCHER'S ROAD) T1� BF. RECORDED AT ANOKA COUNTY PRIOR TO CERTIFICAI'E OF OCCUPANCY FOR LO^' 7 OR LOT 4. 3. PROVIDE PROOF OF POND SIZE ADEQUACY BEFORE VARIATTCE APPROVAL. 4. PETITIONER TO PROVIDE STORM SEWER EASEM.F.NTS. UPOA' A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABF.L DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated this iter� would go to Citv Council on Nov. 18. ADJOU 1�lOTION BY MR. SF.CONDED BY MS. GEP.OU, TO ADJOURN THE 1�fEETING. UPOII A VOIrE YOTE, ALL VOTTNG AYE, RPERSON GABEL DECLARED THE OC�. 29, 1985, APPEALS GbNlINISSION MEETING ADJOURN . 8:10 P.M. Resp�ctfully su 'tted, � � � yn a a Recording Secretary � � � t � �I �` ,� in � G � . � � B� qo z 1 D db i )� � 1 � : :•.'�es : :•: 0 .._�.... :::..::•:: � i 8a 40 : ee 803 � � � � �7 � f � ♦ � s W 1 t �o _ V ' _ � • , . . ,. . . `� '11 A A - z +� , ~-�Ger�ld P� schke '♦~ �4, 79��-T,�8 Rar� h rs Rd . • �,�, .� � ' •, . '' � _ � 'a' o : t �- t� > ; � t .�� .: �• " •'�. � '� G W ,Z , , f. �� r !".'' �4 0 1 • W , w • V ,, � .� �>' . ; � � W i . .t' � � � � � � I` �� . ; .� �• .�: 7 � � : - �. t ,: s �' y } 3 . . Q ,� � o.,� z s � t� < ;. ,py�2� _ � � � � �: ,� ,:� �,;� •i' ' V f,� N � .r A�+ . iw. irrr .r� ` �1. `; �� . � .r 1� �. /Se.rt! � � . ' . ', � �.'' W��ivr � �� ` y _ _ _ — � ' • ' ,+�` 1� '. �r,-r i ��1�s.�fAt! JOws—t - - — - �,,�ili• � � �'� � l� 7, � � ; . �� • .,+� � ' i' � � � .'� M �S; ; �� R ^ � � • \ . � 8 9 r � e g ^ � �. : � =_ 'i�� t " ^ %8 9 S ; �' "s � i ' ; B � — — — — '� � �,; / P , � � � � � � , , .78 Ns c �r ?g2 p - ? ' , �- : �...,.�.....�.. S _ � : �`— � ,.._. __ _ �� ..�._ 1.,� . AT �z �� . . �•� � _ ..s.�.�.;. '� � '� � �� r � .��,�,._ � : - E . 3 � =� � * 2 1 �i 1 = 1 � � s? 3 _ _ `r;�T— �, � A .�w �t � W � 7ess 't � � � �a,o =. � JC'f ° p� � ' _ E A� o A0 ,� � � _ � .rw � ..��. ac �, � _ _ � �.+.� .: i�.�• � , � i � E : �:. S .� . � ' ; ` � � yf � - ' ` � � � _ ` _ '- -- .. .�__ _ �. � � � _ LL' r _ ___.�' _ ._ 11BB - 00 � � Gerald Paschke -- _ 7940-7980 Raather's Rd. "�11- -- t--------►--- - �l ;� .. � ( _i .�j�.�� 1 � i j � � t 'F ; ., °�, `--- -. �� ._.._.�.:. � ��. 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Ner---� --- �� _� �, . - �`: 12 RESCLLrI'7DN N0. -1985 RESOLUTION RII,ATING TU �3E APPRONAL OF A MJLTIFAMILY HQJSING PROGRAM UI�IDER MIDII�9CITA �S, Q�APTER 462C FUR �lE Q7NS�2UQ'ION OF A MJLTIFAMILY HCJUSIlVG PRQ7ECT BY THE FRIDLEY PLAZA ASSOCIATES LIMITED PARTNERSHIP, AND AUgIORIZII� �iE SALE OF HQJSING RE.iTENUE BQJI� WHFREAS, the Legislature o� the State of Minryesota has authorized any city, including the City af Fridley (the "City") , to plan, acininister and make or purd�ase loans to finanoe multifamily housing developnents after adoption of a ho�sing plan pursuant to Minnesota tatutes, Q�apter 462C (the "Act"); and WHFREAS, the teun 'Ynultifamily housing developnent" is def ined by the Act to include an apart�nent facility, 000perative or group of townhouses which i ncl ude f our or mor e�+►el l ing �mi ts, e3cfi to be rented or aol d to or occupi ed by a person or family as a residence, including new construction or the rehabilitation of an existing building site; and WHFRFAS, the term "housi ng plan" i s def ired by the Act to mean a pl an f or an individual city which sets forth the information required by Section 462C.03 o� tr�e Act, including a housing program; and WHgtEAS, the City ad�pted a Housing Plan on October 7, 1985; and WHEREAS, T'he City has received an application from the Fridley Plaza Associates Limited Fartnership (the "Developer") requesting that the City finanoe the wnstruction of approximately 234 units of rental housing to be known as the Fridley Plaza Apartrnents (the "Project") on property generally located on Lot 1, Block 1, Slyvan Hills Plat 6 and Lot 1, Block 1, Sylvan Hills Plat 7, Fridley, Minnesota, in an amount rot to exceed thirteen mill ion dollars ($13,000,000) ; and WHFRFAS, at l�st twenty peroent (20$) of the �its in the Project are to be oocupied by individuals whose incomes are not greater than eighty percent (80$) of the area median inoane, pursuant to the Act; and WHII2EAS, the Project will be located within a Redevelopment Project, as defired in Minnesota Statutes, d�apter 273.73, Subdivision 11; NC�1, �IIItEFC)RE, BE II' RF�CGVID BY Tf3E QTY aXJNCIL OF �iE CITY OF FRIDLEX AS FOLLCW S : - .. 1. �at fihe Multifanily Housing Program under Minnesota Statutes, Chapter 462C, for the �nstruction of a multifanily housing project to be la�awn as the Fridley Plaza A�rtrnents and to be �nstructed by the Fridley Plaza Associates Lim�ted Partnership, is hereby appraved. 2. �at the City intends to issue ane or more series of Housing Revenue Bonds in an amount not to exceed thirteen million dollars ($13,000,000) to finanoe the aaquisition and v�nstruction of the Fridley Plaza A�rtrnent Project in the City in the event that the City, the Developer and the purd�asers of su� revenue bonds agree m the terms of the sale, purchase and security af the Housing Revenue Bonds. 12A F�ge 2 Resolution No. -1985 3. Tt�at the Housing Revenue Bonci� to be issued by the City to finance the Project shall not oonstitute a charge, lien or encumbrance, legal or equitable, ug�on any property af the City except that property upon which the Project is to be aonstructed, and the issue or issues, when, as and if issued, shall recite in substance that the bonds, including interest thereon, is payable a�lely fran the revenues received fram the Fridley Plaza Apartrnent Project and property pledged to the payment thereof, and shall not annstitute a debt a� the City. 4. Zt�e lae,r fian c� 0'Cbnnor and �#annan is authorized to act as bond counsel and to assist in the pceparation and review o�f cbc�nents neoessary for the issuanc�e by the City af boncis issued under the Act pr�suant to the housing pl an. F�1SSID AND ADOPTID BY Z�iE QTY O�NQL OF ZIiE QTY OF FRIII,EY 7IiLS IY�Y OF , 1985. WII1, IAM J . NEE AT'I�.ST: RIQ�iARD D. PRIB�, ACTING QTY Q,II2IC 13 Councilmember introduced the following resolution, the reading of which was dispensed with by unan- imous consent, and moved its adoption: CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO THE ENLARGEMENT BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY OF REDEVELOPMENT PROJECT NO. 1, THE AMENDMENT OF THE TAX INCREMENT FINANCING PLANS RELATIVE TO TAX INCREMENT FINANCING DISTRICTS N0. 2 THROUGH NO. 5 TO REFLECT INCREASED PROJECT COSTS WITHIN REDEVELOPMENT PROJECT NO. 1, THE ESTABLISH- MENT OF TAX INCREMENT FINANCING DISTRICT NO. 6 LOCATED WITHIN REDEVELOPMENT PROJECT NO. 1 AND THE ADOPTION AND APPROVAL BY THE CITY OF FRIDLEY OF THE AMENDMENT OF THE MODIFIED REDEVELOPMENT PLAN AND ADOPTION OF PROPOSED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. b. BE IT RESOLVED by the City Council {the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed and approved by the Housing and Redevelopment Authority in and for the City (the "Auth- ority"j that the Authority enlarge Redevelopment Project No. 1 and amend the Redevelopment Plan relating thereto pursuant to and in accordance with Minnesota Statutes, Sections 462.411 to 462.716, inclusive, as amended. It has been further proposed and approved by the Authority that the Authority amend the Tax Increment Financing Plans relating to Tax Increment Financing Districts No. 2 through No. 5 within Redevelopment Project No. 1 to reflect increased project costs, and establish Tax Increment Financing Dis- trict No. 6 within Redevelopment Project No. 1 and adopt the proposed Tax Increment Financing Plan relatinq thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 1.02. The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a proposed Modified Redevelopment Plan (the "Redevelopment Plan") for Redevelopment Project No. l, defining more pre- 13A cisely the property to be included and the project costs to be incurred within Redevelopment Project No. 1. The Authority has also caused to be prepared, and this Council has also investigated the facts with respect thereto, the proposed Tax Increment Financing Plan (the "Tax Increment Financing Plan") for Tax Increment Financing District No. 6 within Redevelopment Project No. 1. 1.03. The Authority and the City have performed all actions required by law to be performed prior to the enlargement of Redevelopment Project No. 1, the amendment of the Tax Increment Financing Plans relating to Tax Increment Financing Districts No. 2 through No. 5, the establishment of Tax Increment Financing District No. 6 within Redevelop- ment Project No. 1, and the amendment of the Redevelopment Plan and adoption of the proposed Tax Increment Financing Plan. 1.04. The Council hereby determines that it is neces- sary and in the best interest of the City at this time to enlarge Redevelopment Project No. 1, to amend the Tax Incre- ment Financing Plans relating to Tax Increment Financing Districts No. 2 through No. 5, to establish Tax Increment Financing District No. 6 within Redevelopment Project No. 1, and to approve the amendment of the Redevelopment Plan and the adoption of the proposed Tax Increment Financing Plan. Section 2. Findings for the Enlargement of Redevelop- ment Project No. 1, and the Establishment of Tax Increment Financing District No. 6. 2.01. The Council hereby finds, determines and declares that the proposed enlargement of Redevelopment Project No. 1 and establishment of proposed Tax Increment Financing Dis- trict No. 6 located within Redevelopment Project No. 1 is intended and, in the judgment of this Council, its effect will be, to further provide an impetus for commercial, in- dustrial and housing development, increase employment and otherwise promote certain public purposes and accomplish certain objectives as specified in the Redevelopment Plan and the Tax Increment Financing Plan (collectively referred to as the "Plans"). 2.02 The Council hereby finds, determines and deciares that Tax Increment District No. 6 is a redevelopment type of tax increment financing district and that 70 percent of the parcels in the district are occupied by buildings, streets, utilities or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. - 2 - 13B 2.03. The Council finds, determines and declares that the proposed development and redevelopment, in the opinion of the Council, would not occur solely through private in- vestment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 2.04. The Council finds, determines and declares that the proposed Tax Increment Financing Plan for said Tax In- crement Financing District No. 6 conforms to the compre- hensive plan of the City. 2.05. The Council finds, determines and declares that the proposed Tax Increment Financing Plan will afford maxi- mum opportunity and be consistent with the sound needs of the City as a whole for the development or redevelopment of Redevelopment Project No. 1 by private enterprise. 2.06. The Council finds, determines and declares that fiscal disparities not be taken from within Tax Increment Financing District No. 6 and therefore does not elect the tax increment computation set forth in Section 273.76, Sub- division 3, Clause (b). 2.07. The Council further finds, declares and deter- mines that the City make the above findings stated in Sec- tion 2 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Ex- hibit A. Section 3. Findings for the Amendment of Tax Increment Financing Plans Relating to Tax Increment F�nancing Dis- tricts No. 2 Through No. 5. 3.01. The Council hereby finds that the amendment of the Tax Increment Financing Plans relating to Tax Increment Financing Districts No. 2 through No. 5 is intended and, in the judgment of this Council, its effect will be, to incor- porate the amount of projected developm�ent costs and bonded indebtedness of the proposed Tax Increment Financing Dis- trict No. 6 throughout Tax Increment Financing Districts No. 2 through No. S and will further promote the public purposes and accomplish the objectives specified in the respective Tax Increment Financing Plans for Tax Increment Financing Districts No. 2 through No. 5. Section 4. Adoption of the Plans. 4.01. The proposed amendment to the Redevelopment Plan and adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 6 presented to the Council on this date, are hereby approved and acopted and shall be placed on file in the o�fice of the City Clerk. - 3 - Section 5. Implementation of the Plans. 5.01. The officers of the City, the City's financial advisor and underwriter therefor, and the City's legal coun- sel and bond counsel are authorized and directed to proceed with the implementation of the Plans and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and �pon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested to by the City Clerk. Dated: November 18, 1985. Attest: City Clerk - 4 - Mayor 13C 13D EXHIBIT A TO RESOLUTION NO. The reasons and facts supporting the findings for the establishment of Tax Increment Financing District No. 6 and the approval and adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 6 as required pursuant to Minnesota Statutes, Section 273.74, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 6 is a "redevelopment district" as defined in Minnesota Statutes, Section 273.73, Subdivision 10(a)(1). 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private invest- ment within the reasonable foreseeable future and, there- fore, the use of tax increment financing is deemed neces- sary. 3. Finding that the Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. 4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 6 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Redevelopment Project No. 1 by private enterprise. 5. That the Council does not elect the method of tax incre- ment computation set forth in Secticn 273.76, Subdivision 3, clause (b) and therefore will not be ta�cing the fiscal dis- parities share from within Tax Increment Financing District No. 6. �� RESOLUTION N0. — 1985 A RE50LUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: WATER & SANITARY SEWER PROJECT #160 NOW� TNEREFORE, BE IT RESOLVEO by the City Council of the City of Fridley es fo l loMS : 1. That it appears in the interests of the City and of the property owners effected thet there be constructed certain improvements to—wit: Street improvements, including grading, stsbilized bese, hot—mix bituminous met, concrete curb and gutter, sidewalks� water end sanitary sewer services, storm sewer system, end other facilities located as fo l lows: Riverrood Drive 71st Mey to 71 1/2 Wey Viron Road Osborne Rd. to Existing 2. Thet the Public Wo�ks Di�ector, John G. Flore� City Hell, Fridley� Minnesota, is hereby authorized end directed to drew the preliminary plans and specifications end to tabulate the results of his estimetes of the costs of said improvements, including every item of cost from inception to completion and all fees end expenses incurred for to be incurred) in connection therewith, or the financing thereof� and to make e pretiminery report of his findings stating therein whether said improvements are feasible and whether Lhey can 6est be made as proposed� or in connection with some other improvements (end the estimated cost as recommended), including elso a description of the lands or erea es mey receive benefits therefrom and as may be proposed to be assessed. 3. Thet said preliminary report of the Pubtic Works Director shall be fu�nished to the City Council. PASSED AND ADOPTED BY 7HE CITY COUNCIL OF THE CITY OF FRIOLEY THIS DAY OF , 1985. WILLIAM J. NEE — MAY�R ATTEST : RICHARO D. 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'.� i�� , � Q p.�l' -_ � �� I, ,_I "_� 1 �_ \�J�//�= -��_ . � /•�� I _ /� _, �� 1 i�� f_ �• - `��_ � � � _. ` y ;� .�' ' � `� L -- 1� I 1 lF�� _I \_ � � .�� i _� z -��1 �� _ � _' �� i-�-� � ' ��' � - - - - �' ' � '— '- _�I� i • ' �' ' _ —' � ' �_ ' __.--- _- -- =�_- _..�. _ -•:\ -- :--� __ -_ �:: _- _ _ _ :?:: : __ - �,• . �.1 � i _= • - ^ - - - - - ' _ � � � i 1 -- �., _"'� _ =_: =_ , : �� T 1 � . �_: = =� = =r-: _ =:: _ _ =- = , g - — = T ' _ . - _ =: e '_'- € � ° � '�,\ - '__�'i � __=' _ =`_- - _=- - =_e: - __ _-_ '_' == __' ' ' —._..-- �� : . , - f _: _ =_�'`_ __•- _ _'_:: __ __ -_ . s 8 .. . _ _ ..� _- __ ==; = = ` ` "=• = __ �, 'i - _ " _ ar� =c �z-•-- __; -= E� ' .' �-- _r_ ��:•= c•�- - �Z; ..` �... A • •�_ . ' ' c'= -_ :. = _ - _ �'�. - �e: _ s:sa _ c P =7;..;:i..,,:ss'��fc�, - _-• : �•-- = a:c _ --•-• i�• --_ -L c . ;: � --_ j __':.:.:.: __ - �=w ' =- - �_' -_ �� - 4 Q 1! . t�r e =_ - ? =.:• - ' • ex: c ��'. � •��` _;� r`c:- _ -= = r -- __= -� _c?. '_ • e - - _-- _� c o:o' = r- ' rs• = ta: --- �a � "__"�`i.. _'__` ` _�• - - � � e=t _ ww�w � _._� r- STREET MAP-CITY OF e��_� , _+��_ � - FRIDLEY == � p- _ �=-�_�_ �s-.-�.._�-�--,--.= _=_-_ _ � . . _ . . . � 14A VIROy ROAD LOOPBACK RESOLUTION N0. — 1985 A RESOLUTION RECEIVIN6 THE PRELIMINARY REPORT AND RECEIVING A PETITION TO INAIVE A PUB�IC HEARIN6 ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER AND SANITARY SEWER PROJECT #160 MHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley end the property owners effected thereby. BE IT RESOLVED, by the City Council of the City of Fridley as foltows: 1. That the preliminery report submitted by the City Public Works Director� is hereby received and accepted. 2. Thet the City Clerk shell act to ascertain the neme end eddress of the owner of each percel of land directly effected or within the erea of lends es mey be proposed to be essessed for said improvements, end calculate estimates of essessments as may be p�oposed reletive thereto against each of said lands. 3. That the area proposed to be essessed for seid improvements end eech of them as noted in seid notice are ell the lends end ereas as noted in seid notice: All of the same to be assessed proportionately eccording to the benefits received. 4. That the estimates of assessments of the City Clerk shall be avaitable for inspection to the owner of eny percel of lend as mey be effected thereby. 5. That etl property owners whose property is liable to be assessed with the making of the improvements have signed en ag�eement requesting the improvements and constitute 100X of the property owners who will benefit from the improvement end do waive the right to have a public hearing which is ellowed under the normal procedures set forth in Minnesote Stetutes Chapter 429. PASSEO AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 1965. . WILLIAM J. NEE — MAYOR ATTEST: RICHARD D. PRIBYL — ACTING CITY CLERK 3/6/1/20 15 CITY OF FRIDLEY PETITION COVER SHEET Petition No. Aate Received November 11, 1Q85 23-19R5 Sanitary and storr� sewer, water, street surfacino, concrete curb Object and �utter, sewer and water service connections for Lots 27, 28, 29 and 30, Revised Aud. Sub. r77, except Block 1 F� 2 platted as Riverwood Man or ( SIJ# 160 ) Petition Checked By Percent Signing Referred to City Council Disposition Date 0 15A /. i PETITION �C:, 1-UBi.IC U^� ;I'"Y INFR05'��'^I�TS i�:�:� FUiiI�IC STar�Tj Tn a;; ��CI�:jTRL'C^E�� B:' ^'H� CITY ('F �RII?L::�. �c t�e Citv Council of Fridley, h'innesota: 15B �!:e Uncersi�ned� 1) Charles S. Cook 2) independent Schocl "istrict �14 Carl 1�ew�ouist, it's 1!ttorney 3 ) nichard f•:alecek bein€ t�e �rote: ty owner� of the fcllowin� described prcpert�•: re:lat ef �1? of Io�s 27, 2°, 2� an�' 3G, revised auditor's Gu'��i�i�;^r. �."', �xce: t'�� ocks � anc 2^latted as River�•eod ^'anor. �Er��;• ie�:ticr.s t�:Gt s.r.it�r,: anc s�or� s�w�er, M�ater, '�itur�ir;cu� s��r:��ec � �TEets� c�r.c:ete c�r� a►:c €utter ar.� sewer and water Cpr`•:,��. �_';r�r.�.` � je,;s fcr .,i ;c+s ir, :�ivera�ccd Fark, in�ludir.E t"c�se lcts c�n ..- , arc "� .:a�-� be Frovide� b�� t�e ^itt� c_'' rrici�e�� rrc-� t'�F :. °Y'_�`:�� :�catior.� to accornadate t'r,e a�eve re.`erer.ce;'. rrorertie=, ir: _^cc_,�-_rc� ��it!� t�:e attached pro�esed ; lat. � '_ �-.� '..�er� i€nec� add itior.ail;,� request that sar.itar�� sew�er serv;ce ^r.' �• : e -r_vice� tc *re ±'ollowing descrihec �rolerty: ^_'!�at �art ^:` lct . �• __ re•: isec au�itio^s subdivisior. �77, lyir.� easterly ef tre :��1' ^�..�ir.�- �escrit�ec line: be�ir.ning at a rcir.t or. tre south line cf iet :��' �:s��rt 31�.E� feet west cf t�e scutheast corner thereef. t�ence nc�r±: �' r�t-�t �:��ies frcrr, said sout� line te it's intersecticn ��it� t�:e r.cr'.� �:^e c� lot 25 and there termir.atin�. T�:is FroFert�� s?�all he �^ere�r'�-� _::`'e�r�ec tc as t�e �xceFtion : ortion of P,iverk�oco ?'ark. :*_ is ;;�vFrstood that tne cost cf said imFrover�ents wil� be a�se� �P�' _= ::r.� � t^e a�cve cescribed �roperties as outlinec in [•�ir.nesc�� '�t:{�;±: :- �, . . � F' ?' �i c . J Ci' . _- is =_�c ur.derstcod ±�^at it is irr,�cossible at thi� timF te �-i��e =. . :�;.�ar�*e estir.ate cf t:,e cost of tne ir��rove*rer.ts �ereir. ;e�'_±i� r.�;'; •- �.,eve= ,+re, are !�erebl� recuested to be constructed �± ty e lcw•e�' .��ic;e ��st co�e-:sura�e k�it� prudent "an�lin� b�• t�e �itr i�. . r.�:•��. �'_ COC.C..i:�e:7 � r.Tr.� E'�.' l. • � �::CE�S�t`:ei. reCliec � ��G` �}"e CCSt iCT S21^ 1,^"'..TCVC'r('Fn �� }c• ;i .•••• +�.: ....., ...��?S�@C aS `C�;CkS : �^E COS � �CT' r.ek� sar.it:r`.' se�er =�r.': ±'� _-r�e� :�� s�-:i*�r�: se•�er ia�ET'3� lines currer.tlti• ex�stir.� �lc::r - � ` .��;,- �r.c ''1 � ::ay ar.d ber.e_°itin� all of t^e a��ove cF�cri^=�: -r, - _ <r �'_es, �e assessec e�;;�� i elle��s : 1/;��:c o� teta� co� � beinE as�esse.^' to eac'r. ef tye 3� 1^'s �`� �Ye rre�csec =ive�wcc�� :ar�c ar.c 1/32n� of t�tal cost beir.�- <<::�e��: tc t�;at part previouGiv referrec to as tre �xce�tion 'r•�-rtior: of niverwood �ark. Tne total cost for the rerrainin� improvements and the cost fcr t�:e water main laterals and stor� sewer laterals currently existin� aler.� ?�st Wa�� and 71� '�n�ay s�all be totaled and allocated 1/31st to 23r�' of tre 3� lots of Riverwood Park. '"!�e lindersigned, being 1005�,of the property owners who will benefi± fro� said street, curb and �utter, sanitary and storm sewer and w3�er r..�ir. i�provement project, hereby waives the right to a public !�earin� 5C for said i�provements which is allowed under the normal procedures set forth in �innesota Statutes Chapter 429.00. . �t: ��IT��SS WHERLOF, the owners hereto have hereunto set their hands this day of , 1985. II� PRr.SEP�C�, OF : ' �� -�t , � _ � ��.1, �.� � ar es . o0 n epenaen c oo is ric �r Carl Newouist, it's Attorne,y . _� � , ; � �� .. �t �,G - -� u•- � .� fc�r � -C� I"l�-1.�'t E l" ic ar Ma ece CITY OF FRIDLEY PETITION COVER SHEET Petition No. 21-1985 Date Received November 13, 1985 Object Sanitary and water mains and service be provided by the City from eir existing ocations for the SE quadrant of Osborne P.oad and Hiqhway 65, approxir^ately 4%2 acres (k'S �160) Petition Checked By Date Percent Signing Referred to City Council Disposition � � � 15D 15E PETI TION FOR SZii6ET, QTRB 1ND (�J'rt'Eii, 311RTARY SE1rER, AND VATER M�II1 �ROQF?�iTS Ill FRIDLEY, MltNESOTA To tbe City Council of �idley, Minasaota: �e IIndsrsigned, David Aarria, as s psrtner ia the propert� so dsscribed: The eonth �aat drant ot Osbora� R�ad and %sbtisy 65 approximataly 4� acrsa h�rsby pstitione that aanitar�► ead �+tter eaina and ssrrice bs pro�ided by th� Cit� fr� thsir axieting locations to accos�eodete tbs sDove r�tersncsd properties; It is wederetood that the coet ot aaid i�provessnts �rill bs asseseed agninet the pre�iauely bensfitsd propsrtisa ae autlined ia Minassota 9t�tutea Chapter 429.00. It ia •lao usderatood that it is impoeaible at thi� tims to �ive an accurats estimate ot the cost of the itproveeents hsrein pstitioned; bove�er, the� are hereby requsetsd to be cosistructed at the lo�reat poseible cost eo�eaeur�te vith pnident handling b� the City ia a aor�al aseesa�ent proj�ct. The underaigned, acting on behalf of ths property orasrs r+ho xill benefit tram said atreet, curb and gutter, aanitary and vater main improvement projsct hereby �i�ee the rigbt to a pnblic hearing for said inprovemsnta vhich is alloxed under the normel procedure� set torth ia Kinneaota Stntutee Chept�r 429.00. Ili WITriL�SS 1�i�OF, the owners hereto have h�rennto eet tbeir handa this 12th day oP No�ea�ber� 1985. IN PRESEN��Olr: �' , �/ //' �—/ ' .�LC r� • �✓ � � K /��✓ �� /� (�a./ .A//+�+ y ' D�vid Hsrria � HE50LUTION N0. — 1985 A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF CQSTS THEREOF: MIATER & SANITARY SEWER PROJECT # 160 1NHEREAS� certain petitions requesting street improvements, including greding, stabilized base� hot—mix bituminous met, sewer. water, storm sewer and other facilities, located es follows: Riverwood Drive 71st Mey to 71 1/2 Way Yiron Roed Osborne Roed to Existing were duly p�esented to the Council on the 1Bth Day of November 1985; and 1MiEREAS, pursuant to the resolution of the Counci l adapted Novewber 18, 1985, a �epnrt has been prepared with reference to the improvement, and this report was �eceived by the Council Noveober 18, 1985; NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA: 1. The Cou�cil finds and determines that said petitions were signed by all owners of real property abutting upon the street(s) named es the location of the improvement. 2. Such improvement is hereby ordered es proposed in the Council resolutian adopted Noveober 16, 1985. 3. John G. Flore is hereby designeted 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 THE CITY COUNCIL OF THE CITY OF FRIOLEY THIS DAY OF � 1985. WIILIAM J. NEE — MAYOR L•yii=�� RICHARD D. PRIBYL—ACTING CITY CLERK 3/6/1/17 17 RESOLUTION N0. — 1985 A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PUWS AND ORDERIN6 ADVERTISEMENT FOR BI06: MIATER & SANITARY SEWER PROJECT #1fi0 MiEREAS, Lhe City Council received e petition from 100 pe�cent of the property owners whose property is liable to be essessed with the meking of these improvements [Riverwood Drive end Viron Roedl requesting the construction af these improvements; and MMEREAS� Resolution Na. — 1985 edopted by the City Council of the City of Fridley ordered ell of these improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota ss follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be effected end completed es soan es reasansbly possible, to—wit: Street improvements, including greding, stebilized base, hot—mix bituminous mat, concrete curb and gutter, sidewalks� weter end sanitary sewer services, storm sewer system� and other facilitiss laceted es follows: Riverwood Drive 71st Wey to 71 1/2 Wey Viron Roed Osborne Roed to Existing Thet the work involved in seid imp�ovements es listed ebove shall hereafter be designated as: WATER & SANITARY SEWER PROJECT #16q 2. The plans and specifications prepared by the Public Works Department for such improvements end each of them, pursuant to the Council resolutions heretofore adopted, are hereby approved and shall be filed with the City Clerk. The Public Works Director shall eccordingly prepere and cause to be inserted in the official newspaper edvertisements for bids upon the making of such improvements under such approved plens and specifications. The advertisement shall be published for three (3l weeks (at Lesst 21 days), end shell specify the work to be done and will stete that bids will be opened end considered at 11:00 a.m. on the 10th dey of 1TA December� 1985 in the Council Chembers of the City Hell, end that no bids will be considered unless sealed end filed with the Public Works Director, and eccompenied by a cash deposit, bid bond, or certified check peyeble to the City for five percent [5�l of the amount of such bid. Thst the advertisement for bids for WATER & SANITARY SEWER PROJECT #160 shetl be substentially in standerd form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985. WILLIAM J. NEE — MAYOR ATTEST : RICHARD D. PRIBYL—AC�ING CITY CLERK 3/6/1 /18 � � CITYOF f RJ DLEY OIRECTORATE OF Pl1BLlC WORKS MEMOqANCUM HEMO T0: Nasim Qureshi� Citq l�lanager FROM: John Flora, Public iiorks Director SUBJECT: EAST RNER ROAD/0.SBORNE ROAD IMPROVFI�iENTS DATE � CODE: 11I7/85 PW 85-3�� ,� oo �� ,� � � r .� = � The Anoka County High�►ay Department is starting to prepare plans and obtain right-of-xay for the intersection improvement of East River Road and Osborne Road. This improvement is to e�.compass the area just north of Rickard Road to just south of Glen Creek Road on East River Road. If will consist of txo lanes in each direction with concrete medians to channelize traffic and limit crossings to Logan Park�ay, Osborne and Rickard Road. These crossings will have protected left turn lanes when the entire segment is finalized. Osborne Road xill be improved from just �rest of East River Road to Commerce Lane. It will inelude turning lanes �ith signalization on East River Road, improved railroad crossing and t�ro lanes of traffic in each direction. This plan is consistant With the original plan presented the City Council in October of 1g80. An important addition to the project is the identification of requirements for our 'bikeways, Walkxays and sidewalks. The County has proposed to construct an off street bikeuay/walkFray parallel to East Rive'r Road if sufficient right-of-xay is available. The City has established a bikeaay/xallcWay east/West system along the north side of Osborne Road and a sidevalk along the south side. Since there are no residential properties along Osborne Road between University Avenue and East River Road and there is limited boulevard available on the south side of Osborne� it would be prudent to omit a side�ralk from this segment. There is empty land and the St. Paul Water Works easement on the north side of Osborne Road so this section should be designated for a biker+ay/r�alkxay system to complete the east west corridor. (The section betxeen University and Commerce Lane may have to be accomplished by the City). Accordingly, to insure that the County prepares proper plans and obtains necessary right-of-xay, the City should submit a resolution to the Aaoka County High�+ay Department to include our desires. Reoammead the attached Resolution be submitted to the City Council for consideration. JGF:jmo Enelosure 18A RESOLIITION N0. - 1985 A RESOLUTION SIIPPORTING THE EAST HIVBR ROAD AND OSBORNF ROAD INTBRSECTIOH IMPRC/VEMENT PaOJECT #SP 02-b38-07 �iHEREAS, the City of Fr3dley is interested in improving the safety and traffic movement along East River Road; and i1HEREAS, the intersection of East River Road and Osborne Road handles a large volume of vehicles and traffic turns; and iiHEREAS, the County of Anoka Highway Department has requested FAU Funds to design and construct improvements to this intersection; and WHEREAS, the County Engineering Study of East River Road calls for the establishment of a parallel off road bikeWay along East River Road; and iiflEREAS, the City bikeway/walkway plans identifies an off road bikeway/Walkway on the north side of Osborne Road; and W�REAS, the planned improvement project calls for protection medians along East River Road with left and right turn lanes bet�een Glen Creek and Rickard Road; and WHEREA.S, the City policy is to use red interloeking paving stones within street medians; and WHEREAS, the Burlington Northern Railroad tracks will require upgrade during the improvement project; and iiHEREAS, the City understands that it Will be required to contribute to a cost sharing on the improvement project for sidewalk and curbing and paving stones. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley approve the preliminary plans for the East River Road and Osborne Road Interseetion, County project #SP 02-638-07; and East River Road and Osborne Road Intersection Resolutin Page � BE IT FURTHER RESOLVED, that the City Council of the City of Fridley requests the County include the folloWing items in their final design for the improvement project: 1. Construction of an off road bikeway/walkway system parallel to East River Road; 2. Construction of an off road bikeway/wallc�ay on the north side of Osborne Road between University Avenue and East River Road; 3. Use of Fridley red interlocking paving stones within the street and turning medians; �. Placement of rubberized type railroad crossing panels on the BNRR Crossing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985- WILLIAM J. NEE - MAYOR ATTEST: RICHARD D. PRIBYL - ACTING CITY CLERK 3/6/1/7 18B � � � , ,; � - • "" � �� '� � �- . _-- .�\ \ ,�- ,��-�.,: . �� v� , �_ /' � _ - _' _ --� j � .-- I1 1 �8� � � CITY OF f RJ DLEY OtAECTORATE �F PUBLIC WORKS MEMORANDUM MEMO T0: John Flora, Public Works Director FROM: Mark L. Burch, Asst. Pub. Works Director SUBJECT: Water & Sanitary Sewer Project # 156 CODE: PW 85-346 DATE: 11/12/85 � o° "� :� �o �� = � We received bids at 11:00 a.m. this morning for Water & Sewer Project #156. This project will provide water and sanitary sewer facilities for the new Super America site at 57th and University Avenue and for the new residential development at 76th Avenue and Alden Way. There were 18 planholders with 11 bids submitted. The low bidder is Bonine Excavation of Rogers, MN with a bid of $37,669.60. Bonine Excavating has successfully completed water and sewer projects for the City of Fridley in the past and we recommend that the contract be awarded to them. MLB:jmo Attachment � W A T E R & S A N I T A R Y S E W E R P R 0 J E C T =156 1 9 A BID OPENING: TUESDAY, NOVEMBER 12, 1985 at 11:00 a.m. Dave Perkins Contracting 7833 Unity Ave. No. $ 66,422.50 Brooklyn Park, MN 566-5197 � Arcon Construction Co. Inc. Mora, MN 55051 NO SID 1-679-2244 Hydrocon, Inc. P. 0. Box 129 $ 57,262.00 North Branch, MN 55056 332-5411 Channel Construction Co. Inc. Route 2 Box 53 $ 45,342.90 APPARENT N0. 3 Isle, MN 56342 Encon Utilities 1530 East Cliff Road $ 43,555.25 Burnsville, MN 55337 APPARENT N0. 2 894-3200 Water Products Co. 15801 West 78th Street NO BID Eden Prairie, MN 55344 937-976 Wald Lake Contracting, Inc. 1640-177th Ave N� NO SID Cedar, MN 5501: 434-7775 F.F. Jedlicki 14203 W. G2nd St. $ 55,800.00 Eden Prairie, MN 55344 934-7272 0 & P Contracting, Inc. � Box 506 Osseo, MN 55369 � 54,121.01 427-9030 Hennen Construction Co. . 14520 Main Street APPARENT N0. 4 Rogers, MN 55374 $ 47,356.00 8-4 77 Ro-So Contracting 1137 - 20th Avenue Centerville, MN 55038 $ 70,964.00 429-2569 ACG, Inc. 587 S W lst Street NO BID New Brighton, MN 55112 636-1810 S.J. Louis Construction Inc. Route 4 P.O.Box 5180 NO BID St. Cloud, MN 56302 1-612-253-9291 WATER 8 SANITARY SEWER PROJECT �156 19B . BID OPENING: TUESDAY, NOVEMBER 12, 1985 at 11:00 a.m. Burchville Construction Co. Inc. Box 167 Loretto, MN 55357 NO BID 498-7023 • Dawson Constru�tion, Inc. 540 Greenhaven Road NO BID Anoka, MN 55303 Mar-Man Contracting Co. 11985 Sunnybrook Road Eden Prairie, MN 55344 $ 62,166.75 944-2032 B&D Underground 6130 Sunset Drive $ 56,815.87 Mound, MN 55364 Bonine Excavating Inc. 12636 Main Street Rogers, MN 55374 $ 37,669.60 Apparent No. 1 428-4037 LOW BID Bid Range . . . . . . . . . $37,669.60 t $ 70,964.00 Number Bids Received - 11 Number Plan Holders Not Submitting Bids - 7 Date: �� TO WHOM IT MAY CONCERN: If the street light is to be installed between homes located at and we give our permission as property owners for trees to be trimmed as necessary for the lines to be run for the light. . The undersigned request a street light be installed on,jl, /�). ��ti,,,_� ,5/� WITHOUT cost to the home.owners: NAME ADDRESS � � �. . 5/�3 '� •, .�,�/�./ - /� �/ 20 - SEG � - � � �~ ,, ' � � A� � _ � L1-'� � � � (: a ! � �1,�� ( ��! �� , ' T+ - ' 1 � ' I ' �� ' � �' � � � � . �_ i - � � �' ' r `� t1rr.� ' r f.,.t � �S :� � , ` �E. j. � "� .�� . � . i , ; a�+ + ( ,♦ � 7 s �. • � . 1. �i �--�� _ ,� l � � � / •'. �� +• � ,! t�� ,�� .:.�'` � st�= I Z2�! r�� •1 ` CL 90 --- e � ' • I'' 1 `� � � � � '` :s + �� _ � 'LL�i S2�� • � � ��. � ;_ �. r ' � � -� -'� i _ �[�'�� %w• Z ..r. - ...,. * gt'� ��s� � w ' � �� • r s� S�Z � ; � � � 1 � � �:_� 1 � � �� L / w 1 S `` \ i� I � � . ` ` -�� - �� • ' � � � `' � � � ��/S T/�� . ., �, . �,� s s� 4 Si; S Z30 23 - ' ; p � � � � ; .. � -=-�"l%L.E� � j' ti S►4� i s'« s� z�� '� ;' Y : �v .. =a �„�•� � tz �� F � � ,�,,,, ��e.� �.�- t� � �� P SZo _.� � li/ y �! � ��I � �. . �.. �• � � � • ;'�► , � � . � z.� � , � 0� �� . `" � _�- �' v � ''�� { � I AOD/77Q.u9 J,. ,�! + i�r �A'I �A/! � Z l�1 s� � i � � y� is � � l. v�L1 r �1. cS \ - ' / ,�fJ,�� , .r .4� ��It � � S'�ff � 1 b �s�sl i , ' �:. T J � � � \ � �� ' �� .. �� r Y \Z`0 � i � 1L 1� 1 0 ( �� I S�o�i s� + - .. . • � ��\0� J � t � � ; � I • ` ` .,.�.. «,,,.,� 1 V Ij ' 7 �.� • . ' �}� ;� �121 � --�6 � '�� s :, S�e �• S�1z . , e .Ft E � `" � . �� / ! ♦ S� u . ♦ � `" -� S _.r��. � � . t ! �3� � � ( I � ` I � ; � �e� � - y�� .• �`� r ' "s : � � . � �5�� 1 � �r .� . � :i . � �' � ��. � � I � �� .. � `�' - T ; ,. �,`�', � .�r , ys�, � �.y. „ �` ; � l� • . �. �,p 4 t � _ _ ��,� ; •• .w s Q� � � � "'t- � � i ' , .. � i �. I S0� i � •-. � ! M •�� 1 � ► •' � � SiO� � f t� S� 6 So ` - 1� � � _ . . /� ' . � • .� � ' � S° Z � s°It ' S°� i � . � r ` � h ! `' �z �,� - ' �_ SO I T� � �� LO S :I � S 7 � �= .� _ . � • S�j2 So13 bO�Z � � , , � „ �. ` t Z � � lf �_ _ ,�-r' �� . �.. .,.. . ' � � Oel t�" r•. � � �Q . 9 � �\ � - ' '�r' '�'� �` '' t�s 1�; s 3 ' 3 � � �' � ' , Zzs � ..: '_ . ' i � +�-�� Zo 1� � � �` ; V . � . �3i 1� � `..�� = r= ' '~ � �. ' ' ai ��, � ` 2 � �� o S" - � • , � � � :�t �r j t 101 11 � • � � �: : � � �pp �r � + � � � t37' 119 ' 11,� 1` jr . �'"' ' -..�-..��_ z -� '_ _ ±'- `_�AA1 TL'es�. /�,r�ww _ . _7!S ��7A� _ 1 _ 1 ' - 1986 CALENQAR 1986 CITY COUNCIL MEETING AND HOLIDAY SCHEDULES January 1986 S M T W T F S )I( 2 3 4 5 7 8 91011 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 31 May 1986 S M T W T F S 1 2 3 a 5 6 7 8 910 11 13 14 15 16 17 18 9 20 21 22 23 24 25 27 28 29 30 31 September 1986 S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 24 25 26 27 2 _ 30 February 1986 S M T W T F S 1 2� 4 5 6 7 8 9 1 11 12 13 14 15 16� 18 19 20 21 22 23 25 26 27 28 June 1986 S M T W T F S 1 7 8 10 11 1 1 14 15 6 21 22 24 25 26 27 28 29 � October 1986 S M T T F S 5 6 7 �101� 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 31 K� Y. - Nolidays (11; � - Council Meetings (24) ❑ = Conference Meetings (5) March S M 1fi 30 1986 T W T F S �1 12 13 14 � 19 20 21 22 25 26 27 28 29 July 1986 S M T W T F S 1 2 3� 5 6 7 8 910 1 12 13 15 16 17 18 19 20 1 22 23 24 25 26 27 29 30 31 November 1986 S M T W T F S 1 9 �12131415 16 16 19 20 21 � 25 26� 28 29 * Council Meetings will be held the first and third Monday of each month except January. when they will be the first and second Monday; February when they will be the first and fourth Flonday; and September and December when they will be the second and fourth Ntonday. ** Conference Meetings will be held the fourth Monday of January, August, October and the fifth Monday of March and June. April 1986 S M T W T F S 1 2 3 4 5 13 7 15 16 1� 18 19 20 22 23 24 25 26 27 29 30 August 1986 S M T W T F S 1 2 10 41213141516 17 8 19 20 21 22 23 24; 26 27 28 29 30 31' December 1986 S M T W T F S 2 4 5 6 14 1617181920 21 23 24 �� 27 28 30 31 CONFERENCE SCHEDULE 2, March 8 - 11 NLC Congressional-City Conference, lJashington, D.C. June 10 - 13 League of t:N Ci ti es Rochester, �'N Sept. 2B - Oct. � ICNA Conference San Diego, Calif. Nov. 2� - Dec. 3 NLC Con,ress of Cities San Antonio, Texas Jan. 1 Jan. 20 Feb. 17 May 26 July 4 Sept. 1 Cct. 13 PJov. 11 Nov. 27 Dec. 25 Dec. 26 11 Holidays New Yea rs f'ay Plartin Luther King Presidents Day N�emorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Oay Christmas Day (10 Days) Day after Ch.ristmas Total Days = FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES 2 2 A NOVEMBER 18, 1985 CHIf�iNEY SWEEP Groen's Va�cu-Man, Inc. P.O. Box 24295 Apple Valley, I�I 55124 GAS SERVICES Cool Air Mechanical, Inc. 1441 Rice Street St. Paul, NIId 55117 Energy Heating Services Route #3, Box 170A Zimmerman, MN 55398 GENERAL CONTRACTOR Herb Knutson Construction Inc. 11501 - 134� Avenue t3orth Dayton, MN 55327 HEATING Cool Air Mechanical, Inc. 1441 Rice Street St. Paul, NIN 55117 ROOFING H.R.D.C. Construction 1001 East 24th Street Minneapolis, MN 55404 M. B. Roofing 6544 Anoka Street Fridley, MN 55432 PUBLIC SWIMMING POOL U.S. Swim & Fitness 7200 University Avenue N.E. Fridley, M21 55432 By : Doug Grcen By: Iuverne J. Worms By: Cecil Seals B.y s Herb Knutson By: Luverne J. Wozms By: Wayne Payne By: Marcel Bouchard By: Thomas Sapp APPROVED BY DARREL CLARK Chief Bldg. Ofc. WILLIAM SANDIN Plbg.-Htg. Insp. Same DARREL CLARK Chief Bldg. Ofc. WILLIAM SANDIN Plbg.-Htg. Insp. DARREL CLARK Chief Bldg. Ofc. Same Same � ' �! � FQB CONCURRENCE BY THE CITY COUNCIL l�ovember 1�, 1985 -- ESTIMATES 2 4 Iierr i ck b Ne�,m�an, P. A. 6279 University Avenue, N.E. F'ridley, Md 55432 For Legal Servic�es Rendered as City Attorney for Mor�th af October, 1985 ......$ 5,612.86 Albrec�t Irrigation 1408 West Co�ty Road C Roseville, M�I 55113 FINAL FSTII�TE . . . . . . . . . . . . . . . .$ 1,233.20 Mississippi Street Irrigation D. H. ffiattr�er 6 Sons, Inc. One South Wabasha - Navy Island St. F�ul, M�l 55107 Partial Estimate No. 4 M�ore Lake Restor. Proj. Phase II . . . . . . . $107,445.00 Hickok & Assoc. 545 Ltdian Mound Wayzata, M�] 55391 Prof . Servives Thru Oct. 31, 1985 Moore Lake Rest. Proj. Fhase II . . . . . . . . $ 1,370.72 Concrete Clarb Company 771 Ladybi rd Lartie Burnsville, M�l 55337 Partial Estimate No. 6 1985 Misc. Q�ncrete C�rb & Gutter Project ...$ 1,862.00 4 �� 0 CITY OF FRIDLEY (CONTINUED> il/11/85 a�t�uu�,-oi>M 2 4 A lU/31/B5 EXPENSE PAID PY HERRICF; t� NEWMAN — VIRGIL C. HERRICN.: PARF'.INlG � 3�RIPS TO MPLS. ,,3 LUNCHES� MILEAGE TO ANOF'.A — RE: COMMUNITY OPTIONS. TOTAL COSTS 6ALANCE DUE THIS INVOICE REPRESENTS THE FOLLOWING FEES: October Retainer Plus 70.95 hours (in excess of 30 hours) at $55.00 per hour Plus 8.1 hours at $30.00 per hour (law clerk) Plus expenses paid by Herrick � Newman TOTAL OCTOBER y .. A FINANCE CHARGE OF 1X PER MONTH WILL BE CHARGED TO ALL ACCOUNTS WHICH ARE 3u DAYS PAST DUE. 157. �6 1 ? �: . � f. $5E 1 �. 86 S1,650.00 3,547.50 243.00 $5,440.50 172.36 $5,612.86 CITY OF FRIOIEY Engineering Department 6431 University Avenue fridley, Minnesota 55432 Date 11-18-85 T0: Ho�orable Mayor and City Council City of Fridley 6431 University Avenue Northeast fridley, Minnesota 55432 TOTAL 24g �x�� RE: Est. No. 3�' Ftntl) Per. Endi�g For Albrecht Irrigation 1408 West Co. Rd. C Roseville, MN 55113 $TATEME NT OF WORK Contract ltem st�mate U��t —�uontity puantity Amount uantities Price This Est. To Date To Date _ t._.__ __� ___ �.._�__ i�.m� c„�, i n o�G nn n n�� n osz�G 14,675.60 ----� _ _� � $14 .60 0 SUMMWRY: Original Contract Amount Contract Additions • Change Order Nos. � Contract Deductions - Change Order Nos. Revised Contract Amount Yalue Completed To Date SUB TOTAL Amount Retained aD�QOd ��) p� Less Amount Paid P�eviously AMOUNT DUE TH]S ESTIMATE 0 CERT�FICATE OF THE COkTRACTOR = 14,936.00 s--------- ,_ � --------- s 14,936.00 s 14,675.60 = 14,675.60 s 0. 00 : 13,442.40 s 1,233.20 24C � hereby tertify that the work performed and the materials supplied to date under terms of the contract for reference project, and all authoriied changes thereto, - have an actual value under the contract of the amourts shown on this estimate (and the final quantities of the final estimate are co�rect). anC that this estimate is juf-t-an�correct and no part of the "Alnount Due This Estimate" has been received. B ' ! L . t��1�,�.�� oate ontrattor S Autfiort2ed epresenta tve 'fif CERTIFICATE Of iHE ENG]NEER � hereby certify that I have prepared oT examineC this estimate, and that the contractor is entitled to payment of this estimate under the contrnct for reference project. CITY OF FRIDLEY. 11+S ECTOR gy � e c By ��%�� 100A/1091A Date � �`—��`�� Respecfully suDmitted. CITY 0� fRIDI Y By . L, . . ic�Morks Direttor CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55�342 Noveaber 18, 1985 Honorable Mayor and City Council City of Fridley c/o Nasim M. Qureshi, 6431 University Avenue Fridley, MN 55432 Council Members: City Manager N. E. i � �i � , � We hereby submit the Final Estimate for Mississippi Street Irrigation Project for Albrecht Irrigation, 1�08 West Co. Rd. C, Roseville, Minnesota, 55113• We have vieWed the work under contract for the co nstruction of Mississippi Street Irrigation Project and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the Work by your Honorable Body, and that the one-year contractual maintenance bond commence on the date listed. Respeetfully submitted, � John G. Flora, P.E. Public Works Director Prepared Checked JT:jmo 3/6/9/1� / . 1� � � � i • �/��// � . 24D November 18, 1985 Mississippi Street Irrigation Project '; �- 1 e_ �� i, � i This is to certify that items of the Work shown in the statement of work certified herein have been actually furnished and done for the above mentioned projects in aecordance with the plans and specifications heretofore approved. The final contract cost is #14,675.60 and the final payment of �1,233•20 for the improvement project Would cover in full, the contractor's claims against the City for all labor, materials and other Work done by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. Albrecht Irrigation �� Contractor Representative (Title) JT:jmo 3/6/9/11 24E f5 :s Director �dley ; '•+ •, ,� , �, •i i ii �� '�� we, the unaersigned, have inspected the above mentioned project and find that the xork required by the contract is substantially complete in conformity xith the plans and specifications of the project. All deficiencies have been corrected by the contraetor. Also, the Work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, �e recommend to you that the City approve the attaehed FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection, that being November 15, 1985. n, Construetion Inspeetor ' ��i � . Contractor Re�resentative, (Title) JT:JMO 3/6/9/12 24F