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12/02/1985 - 5191OE'FICIAL CQTY Q'7IJNCIL AGII�TL�, Q�tJNCIL NEETIl�G DECENBIIt 2 , 1985 . . ...1 FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: December 2, 198� NAME AODRESS ITEM NUMBER _______________________________________________________________________________________________ �� ) _ � �� ' ' ; �� , E/.��i ��L�.�_ �,�� : �, 4 - 4� v � �'S. ° 5� " _ ad G �� G �� ' � , �� is� � -� �� //.'�� , � �. `�_ _ � -� �' _ �� - �_ �,`(�..-�,.. � �s � s ��%� � �� s t � `r��"- ��tf� �5 5 ,� � � .� �� . �1 , �j �/'v ' `^ t.a�-`' �?z %� L C. / /� C��N f,._ %U> Z / � �7`� b-� � w1 �� l s �� L�� y� ��- ;, �- �� tr,�z�� ' —� .�. �—� � � �i �c. � �'T� l ��'j1 ��Lt ��' �l.L�� O / �i.L:l�4�'�� lZ-� ' IC .O"C-� �.e''•a J �-�'r� � � ,� � � i Cc't�.r ,%C.� / —a ��UA,v �.�1 �� ! r� F. y(1 C� !C�C"�wQ D✓ �i C��G--cs� (r% r� t�' a��v �'rv� s:�:i ��! ¢� ��m�-��:c. �i , i �U3� � < <�ti�1 � ,� �� y�� , -� ,� � � `� � �� i ��f , �'�.� �- �� i�/ � - i Y�� . � ��> � m n�A �� e J� �t ►� e ,� /Z�{ �� u; �j►�� y� 4-�f�/� y -+ ti,� ., `� .�,�'�- y � � �� -� � u�� FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: cont. December 2, 1985 NAME ADDRESS ITEM NUMBER =====1_____________ 1�..� �(o �l�c.,� r�� l�/%'.�-t� �' G`2'� � �, � � " � �""_ J.— �a,,.� � s�y safiu/� re ,� � . , �i;�°-� ,�� -� /f�-�,�i�'-,�� . ✓ �'�"O' / �� L L�iL� I r _ �-- � _�_ -� %�c•L� � f-� du '�// � j. �/�, �, y �r a c - ��C j �v"cT � G. 'c� . � � �- i � r:> � 1 ��'-l_t._ /' �f� G� � � i / �--�_z`� d ��'� `i — `/� / ^ iI� /L v �• �4�1 � J � ;,�, ��,,r Gt.�a�� . G�/�u� �%(', z- � ,� ' � ��0 (p j j7 d , , � aZ � � Z C�,,,.�: c" � . ,E '� ��1.: -�vCJc� �..� Cc�h2.K �.hl''t..; %L�CZ/ILn�' iD l'Y �% �✓ �' yL� %`j-, � '%- - `y- � S � �\� � 1 T�� r�� JQa�e, � � l �5 / �� ,�2� �- �,� �—�' � l�Z� ` �� . �e-- '', }�y�a.Q��. - `�f� � .. �� d ' ' tt �,��o�� c� K�-r ��e �? � �� . : .� �' ,,� c�� `�i9 �� C� ,�-v � �. `�' �� 4 �j �/.�,,, �G�,�.,.f?�.� � i GH`) l/� a , � �., ��c, l�il% ��SS�o 1 L� — �" f }— � � FRIDLEY CI TY COUNCIL DECEMBER 2, 1985 - 7: 30 P. M. ,��._�� Following are the "ACTIONS TAREN" by the Administration for your information. � � needed. � ------------------------------------------------------------------ CERTIFICATE OF APPRECIATION• Caroline M. Svendsen Housing and Redevelopment Authct�ity Certif icate presented at meeting 1�PPROVAL OF MINUTES: City Council Meeting of November 18, 1985 Minutes were approved as presented �ITY MANAGER--ACTION TAREN: Filed for future reference ADOPTION QF AGENDA• Added: Consideration of sign plans f or Skywood Mall ��' + �� •� No response i Council Meeting, December 2, 1985 PUBLIC HEARIN�S: Pa ge 2 Public Searing on a Final Plat P.S. �85-06, Riverwood Park, by Charles S. Cook . . . . . . . . . . . . . 1 - 1 G Hearing opened at 7:35. Closed at 7:55 POBLIC WORRS--ACTION TAREN: Have placed f inal pl at on next agenda f or consideration , 0 Continued Public Hearing on the Transfer of Control of Storer Communications, Inc. to SCI 8oldings, Inc. (Continued 11/18/85) . . . . . . . . . . . .� . . . . . . . . 2 - 2 A Re-opened at 7:55. Closed at 8:15. Received letter from Storer & SCI. Council granted tentative approval subject to capital improvements and public access agreed upon in two weeks PUBLIC WORRS--ACTION TAREN: will put consideration of of agreement with SCI Holdings, Inc. on next agenda for consideration OLD BUSINESS: Consideration of Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Chapter 603 Entitled "Intoxicating Liquor", Section 603.22 (3) Wine License . . . . . . . . . . . . . . . 3 Ordinance No. 847 adopted CITY !lANAGER--ACTION TAREN: Published Ordinance and recodified code m Council Meeting, December 2, 1985 OLD BUSINESS (Continued) Pa ge 3 Consideration of a Resolution Relating to the Approval of a Multifamily Housing Program for the Const r ucti on of a Mul tif am ily eous i ng Pr oj ect by the Fridley Plaza Associates �Limited Partnership and Authorizing the Sale of 8ousing Revenue Bonds (Tabl ed 11/ 18/ 85 ) . . . . . . . . . . .. . . . . . . . . . . . 4 - 4 A •Resolution No. 103-1985 adopted with the understanding this is the first phase for a six story 119 unit _ apartment complex � Council discussed lot line sign. Council requested removal of "right turn only" on Satellite Lane PUBLIC WORRS--ACTION TAREN: Inf ormed appl icant of Council approval and forward necessary material and information to Minnesota Housing Finance Agency. NEW BUSINESS: Consideration of a Variance Request for Front Yard Setback for Addition to Building. Donn G. Mooty, 5- 5 D 6536 Main Street N.E. (From Appeals Comm. of 11/12/85) ... Variance approved PUBLIC WORICS--ACTION TAREN: Inf ormed appl icant of Council approval Consideration of a Resolution Authorizing the ' City Manager to Expend Funds to Bring the City of Fridley into Compliance with the Federal Fair Labor Standards Act of 1938 . . . . . . . . . . . . . . . . . 6 - 6 A Resolution No. 104-1985 adopted. Proceeding with bringing Fridley into compliance with FLSA Consideration of a Resolution Giving Preliminary Approval to the Issuance of Bonds for the Police Pension Association . . . . . . . . . . . . . . . Resolution No. 105-1985 adopted. ��N'�R�L SERVICES--ACTION TAREN: Proceeding with i ssuance of bonds . . . . . . 7 - 7 A Council Meeting, December 2, 1985 �I3EW BUSINESS (Continued) Pa ge 4 Consideration of a Resolution Authorizing and Direct- ing the Splitting of Special Assessments on Part of SW 1/4 of the NE 1/4 of Section 3, Parcel 1401. ...... 8- 8 B Resolution No. 106-1985 aaoPtea - &�ECIAL ASSESSMENTS DEPT.--ACTION TAREN: Will proceed witt� splitting special assessments as authorized 0 Appointment: General Chairperson of Planning Commission . . . . . . . . . . . . . . . . . . . . . . . . . 9 Appointment of Pat Gabel, 5947 2.1/2 St. CITY MANAGER--ACTION TAREN: Informed new chairperson of appointment Appointment; City F�mployee . . . . . . . . . . . . . . . . . 10 Appointment of Corby Pelto, Police Officer S�ITY MANAGER--ACTION TAREN: Informed accounting of new empl oyee Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11 A Approved CENTRAL SERVICE--ACTION TAREN: Issued licenses Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12 F Appr ov ed CENTRAL SERVICE--ACTION TAREN: Paid estimates i �G Council Meeting, December 2. 1985 Pa ge 5 NEW BUSINESS (Continued) Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Appr ov ed CENTRAL SERVICE--ACTION TAREN: Paid Claims 0 Consideration of sign plan f or Skywood Mall. ........ 14 Approved with stipulations for $25,000 bond PUBLIC WORRS--ACTION TAREN: Inf ormed Skywood Mall of a ppr ov al , The City Council commended the staff on their plawing efforts �DJOURN• 10:45 p.m. I "-�.. _ _ _ _ 4 � l��UNCiL MEETING. DECEMBER 2, 1985 � i ■ :� � PAG� 2 PUBLIC HEARING ON A FINAL PLAT P.S. #85-06, R I VER6�JOOD PAR�., BY CHARLES S. COOK . . . . . . . . • . . . . 1 - 1 G CONTINUED PUBLiC HEARING ON THE TRANSFER OF CONTROL OF STORER COMMUNICATIONS, INC. TO SCI HOLDfNGS. INC. (CONT I NUED 11/18/85) . . . . . . . . . . . . . . . . . . . . 2 - 2 A 1 1 : ► CONSIDERATION OF SECOND READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 6�d3 ENTITLED "INTOXICATING LIQUOR". SECTION 6�3.22(3) WINE LICENSE . . . . . . . . . . . . . . . 3 COl!NC I L �+1EE1- I NG. DECEMBER 2� 1985 I'AGE 3 CONSIDERATION OF A RE50LUTION RELATING TO THE APPROVAL OF A MULTIFAMILY HOUSING PROGRAM F�R TNE CONSTRUCTION 0F A MULTIFAMILY HOUSING PROJECT BY THE FRIDLEY PLAZA ASSOCIATES LIMITED PARTNERSHIP AND AUTHORIZING THE SALE OF HOUSING REVENUE BONDS (TASLED 11118/85) . . . . . . . . . . . . . . . . . . . . . . 4 - 4 A � : . ► �►''i� CONSIDERATION OF A VARIANCE REQUEST FOR FRONT YARD SETBACK FOR ADDITION TO BUILDING. DONN G. MOOTY. 653E �+�AIN STREET N,�. �FROM APPEALS COMM. OF ��2�85) ... 5- 5 D CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS TO BRING THE CITY OF FRIDLEY INTO COMPLIANCE WITH THE FEDERAL FAIR LABOR STANDARDS ACT OF 1938. . . . . . . . . . . • . , . . . 6 - 6 A CONSIDERATION OF A RE50LUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF BONDS FOR THE POLICE PENS l ON ASSOC 1 AT I ON . . . . . . . . . . . . . . . . . • . . . 7 - 7 A �oUNCIL MEETING, DECEMBER 2. 19�5 i ► •► ► � PAGE 4 I,ONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECT- IivG TF�E SPLITTING OF SPECIAL ASSESSMENTS ON PART OF SW 1/4 OF THE NE 1/4 OF SECTION 3. PARCEL 1401. ...... 8- 8 B APPOINTMENT; GENERAL CHAIRPERSON OF PLANNING COMP�1 I S S I ON . . . . . . . . . . . . . . . . . . . . . . . . . 9 APPOINTMENT: CITY EMPLOYEE . . . . . . . . . . . . . . . . . 10 L I CENSES . . . . . . . . . . . . . . . . . . . . . . . . . . � � - � 1 A ES� I MATES . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12 F CLA I N1S . . . . . . . . . . . . . . . . . . . . . . . . . . . �3 C' �Ns � � �-n.�n�o,v c� �S, ��ti �v �2 �i� y woao M�. .. , . , y - � y � :1 1 :► CITY COUNCIL MEETiNG OF , 1985 �.� � 1► �� • 4.i • ar a • i:��l�, �� 4 � �� ! •• � • �1� 7he Regular Meeting of the Fridley City Co�cil was called to order at 7:30 p. m. by Mayor Nee. PLIDGE OF ALLEGIAIJC� • Mayor Nee led the Cotmcil and audienoe in the Pledge of Allegiance to the Flag. ROLL CAI.L: I�EI�BII2S PRFSIIJT: Mayor Nee, ��cilman Goodspeed, Cb�mcilman Fitzpatrick, Gb�mcilman Schneider and Cc3�cilman Barnette NENBIIZS ABSIIdT: None APPI�fJVAL OF MINCTPES • ODt1NCIL I�ETING. November 4. 1985: NI�TION by Councilman Schneider to approve the minutes as presented. Se�nded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried �animously. ADOPrION OF AGETIDA• 1rDTION by C.o�mcilman Schneider to adopt the agenda as presented. Seconded by Co�mcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPIIJ FORUM. VISITnRS• I�LS. Pat Brennan, representing the League of Women Voters, submitted a statement prepared by the League regarding their stand on the City parks. Ms. Brennan stated they had a ooncern that the Parks and Recreation doamiission had been circtanvented when a public hearing regarding Meadawlands Fhrk was sc3�eduled before the Planning Comnission before c,ping to the Parks and Recreation Commission. She hoped this was just an oversight and woulc�►'t be a standard practioe. She stated she felt the City commissions are an important part � City g�verrment. Ms. Brennan stated the League's stand is for the Cotuicil and staff to avoid expediency where public hearings are reaessary for public input. l�yor Nee stated he felt the Co�cil would agree and stated an error was aiade when the hearing was scheduled before the Planning Co�mission. Mr. Jesse Ellingsworth, President of North Suburban Cbnsiuner Advocates for the Handicapped, spoke to the Coimcil regarding representatioci by Fridley at their next meeting on Novenber 25, 1985, at the Country Ritchen in Coon -1- � • i �+ � • , � � r �+• RdpidS. Mr. Ellingsaorth stated the purpose o�l their group is to get persons with disabilities involved so they have a v¢�ioe in their awn affairs. He stated their missian is to break dawn the env�rormental and vonmt,uiiaation barriers that exist. Mr. Ellingsaorth stated they w�ould lik� saneone fran Fridley appointed to their Advisory Board. He stated this �erson can be anyone who is ooncerned about the handicapped. I�yor Nee sta�ed they would try and have someone attend their meeting. ' PUBLIC F�ARIIJGS: ' 1. PUBLIC HF�RING ON THE MATrER OF A I�US�NG PROGRAM FOR A SPECIFIC PROJECT. SYLVAN HILLS. BY IAU I,[JrIDGRII�I• , I�DTION by Co�u'►cilman Goodspeed to waivie the reading of the public hearing notioe and open the public hearing. �eoonded by Councilman Fitzpatrick. Upon a voioe vate, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing ope#�ed at 7:45 p. m. Mr. Flora, Pubic Works Director, stated this public hearing relates to a housing prograan in S�lvan Hills. He skated the property is bordered on the east by the University Servioe road, oh the west by RAO Manufacturing, on the s�uth by Satellite Lane, and by Milssissippi Street on the r�rth. Mr. Flora stated the project oonsists bf approximately a 340 unit apartment building, with two level �derground �arking facilities. He stated this would be Phase 1 of a multigle Fhase f�cility. He stated further plans call for two oanmerical oomplexes and elc3er�y housing. Mr. Flora �esented a proposed sketc,�1 of the apartment building shawing views frcm the North and South. Mr. Flora stated the developer for thi�S project is Mr. Lou Lundren and he was present to answer any questions. ', Mr. Ltmdgren stated the apartment struicture would be market rate housing so that it would be available for person� of all ages. He stated the bonds would be backed by a HUD mortgage guar�ntee which means that the people who work on this project will be paid union wages or above and there would be no discrimirsation regarding raoe, creed, !or wlor. Mr. L�mdgren stated there was some �npern about the traffic this project would gerrerate and haa it would be ed. He stated a traffic consultant has been hired to do a traffic study�ch would shaa the implications and ha�► to handle the traffic. He stated this study would be ready at the time o� the r�ext meeting of �e Cbu�cil. �e stated he was ooncerned with the traffic and dicY�'t want any g�ing to the south into the residential area. Mr. L�mdgren stated one aE the suggest!aons made was to �ntinue a road to -2- r� � I�i 1 • • � I• �i• the south o�f this �xoject whic� would rtm east and west directly north of Burger Ring. He stated he felt this was a good suggestion and would check into it further. Mr. Limdgren stated he intends, in the ryext several months, to talk with every tenant and property aaner in that area. Mr. Limdgren stated the apartment building would contain 90 two bedroom tnits and the rest are ore bedrocm ulits. He stated he supposed there would probably be two pers�ns in the one bedroan inits and four persons in the two bedroam uzits. Councilman Barnette asked what rents they would receive for these apartznents. Mr. L�mdgren stated the rents would start at $565 and go to $895 per month. He also stated this includes all utilities; gas, etectricity and water. Councilman Barnette asked if any of the units qualify for subsidized housing. Mr. Lundgren stated 20$ of the units have to be reserved for persons who are in the inoome range af 80$ of the median for the area. He poirited out, haaever, the only subsidy w�ould be a favorable interest rate on the bonds. Co�mcilman Goodspeed asked if children would be allaaed in these �nits. Mr. Ltu�dgren stated they can't prohibit it, but dic�n't feel there would be very �nY • Councilman Schneider asked about the timetable for this project. Mr. Ltmdgren stated on the apartznent building, they are attempting to get the bond issue sold and placed this year. He stated it is a very tight schedule. He stated he expected oonstruction to begin early in the year, assuning the groimd is ready and available to then. Mr. L�mdgren stated the total time o� wnstruction would be between 12 to 14 months including the garage p�rtion. He stated the structural fra�ne would be pre-cast concrete and faoed with brick. He stated it would be built rap�idly, but very w�ell. Mr. Liuidgren stated the staging of the ot,her buildings has more oonditions and other factors involved such as acquiring the land and taking care of mwing the tenarits. He stated, at the present time, this hasn't been worked out. Mr. Lundgren stated it looked like one of the oommerical buildings would be the next developnent and the elderly building or the other c�omner ci al buil di ng would be the r�ext phase . 4��cilman Schr�eider asked if they w�ould be able to generate enough tenants at �at remal structure. Mr. Ltmdgren stated they are a�mfortable with it. He stated the mortgage company is in the process of reviewing it and, hopefully, he will knvw these results by the end of the week. Mr. Ltmdgren stated the total assessed value � this project is $17,000,000 and, with aompletian of all phases, the value would be about $40,000,000. Gbimcilman Goodspeed asked the parking requiregnents for this agartment -3- 7 � COIINCIL I��.'Il�1G OF 1�iVENID�ER 18. 1985 �, I aomplex. Mr. Lundgren stated the tw� bedroan units require two parking spaoes and the ane bedram �nits requi'se 1- 1/2 spaoes. He stated there are 300 parking spaoes in the enclosed are� an�d about 100 on the surface, which meets the requirements. He stated Imost of the people living in the apartment oomplex will have thei r Fark�ng inside. O��cilman Schneider asked if the buillding would be sprinkled. Mr. L�mdgren stated it would 100$ sprinkled. ' Mr. Doug Brighton, 6210 Trinity Drive, stated he is ooncerned with the traffic situation. He stated he also Ihas a ooncern regarding subsidized housing and asked what was involved. ! Mr. L�mdgren stated there is no subsid'�ized housing. He stated some of the units must be reserved for persons im the income category of 80$ of the median inoome, but these are not really subsidized units. He stated those people would still pay full rerrt.. , Mr. Brighton asked if there would be a�ny F�ederal, State or City assistance to any persons who are living in the a;�artments. Mr. I,�mdgren stated there would be rn subsidizing, except use'of the housing bonds which are tax exempt which makes the interest less than if they w�ere t�xable bonds. Mr. Bric�ton asked where the parking e'acits would be located. Mr. Lundgren stated they would be to the r�orth o� the building. Mr. Brighton stated he was cnnoerned about a heavy iriflux of ��tlaffic into the Sj�lvan Hills area as they only have one other exit. Mr.'Lundgren stated he knows there are o�naerns about the traff ic and wants tb work with the residents to see they cbn't get the traffic in their area. , Mr. Dd Ahrens, 198 Mercury Drive, st�ted if there was an east/west road co�ning out north of Burger Ring ontb the service drive, it would allaw traffic to g� dawn Satellite Lane. Mr. L�dgren stated this is the reason they are having traffic experts look a,t the situation ar�d try and solve the problen. Mr. Ahrens stated they may� solve thei r probl em, but not the problen for residents in the area. , He felt the people residing in the apartment aomplex would have acoess ta the Sylvan Hills residential area, and create more traffic. ' Mr. John Holm, 6220 Rainbow Drive, ',asked why only 12 units would be available for the handicapped. Mr. Lu�dgren stated the State law indicates the nunber of uzits which have to be provided. He stated if there is an additional r�eed, he would be glad to aupply the units, but felt you can't have handicapped units that would ren�n anpty. Mr. Holm asked if the elderly housi�,ng would be the last phase to be aonstructed. Mr. Ltaidgren stated it w�ould either be the last o� rext to the last phase. , Mr. Holm felt more work needed to be done before action was taken by the Gb�cil as he felt there were a lot o� �answered questions. -4- �• � i� ��_ �- ,� a+ i- �• Mr. Bob Strom, 144 Satellite Lane,. stated traffic would not only be a problen, but he was o�ncerned about the sewer ca�acity. Mr. Qureshi, City Manager, stated the sanitary sewers are sufficient to handle this added capacity. He skated a retention area is pcoposed f or the surfaoe drainage before it goes into the storm sewer systPSn. Mr. �d Wetterberg, 175 Sylvan Lane, stated they have a storm sewer problen in this area. He stated, whenever there is a heavy rainfall, they are flooded with c3ebris and this has been going on for years. Mayor Nee stated the sanitary sewer problen was oorrected, ho�wever, Mr. Wetterberg is referring to the storm sewer systen. Mr. Dennis Jahnson, 6336 Starlite Blvd. , stated he knows haw much traff ic there is in the S�lvan Hills area already. He stated you can't predict haw many vehicles fram the apartmer►t aoanplext would g� through their area. He questioned why a persfln, such as the developer, who doesn't live in this area has more pawer than the people who live here. Mr. Bric�ton questio�ed the ability of energency vehicles to get into the S�lvan Hills area if there is a traffic prohlen. Mayor Nee stated he hasn't seen ariything that addresses this issue. Ms. Karen Coppicus, 256 Mercury Drive, stated she felt the project shoulc�'t be cbne. She stated nothing has been said to the residents about this project and felt it shoulc�'t be appraved at this time. Mr. Vick, representing the Chamber of Commerce, stated the Board of Directors of the Chanber o� Gonmerve reviewed this proposal and supported the plan. He stated they do have a�noerns about haa the residents of Sylvan Hills wi11 get in and out af their area and what will happen to the tenants in the Rice Creek Center. He stated another concern was for a skyway/wal kway aver Univer si ty Avenue at Mi ssi ssippi Street. Mr. Vick stated the Board felt this four phase approach would bring good quality developnent to the City, as well as pravide for more r�eeded housing. Ms. Shirley Hulten, 6150 Starlite Blvd. , asked if the apartment oomplex would be ftmded by the Federal g�verrmerit. Mr. Qureshi stated they would only insure it, like FHA mortc$ges. Ms. Hulten stated additional traffic would be brought inko the area and she felt this hasn't been publicized. She stated saneone put a yellaa flyer on her door yesterday, and this is the only notioe she reoeived. Mr. Qureshi stated there was a r�ews article an the front page � the Fridley Focus last week regarding this proposed development. Mr. R�on Schoneman, 246 Mississippi Street, stated last Thursday night the questian was raised when the rrext meeting would be held regarding this develognerit and they were told it would be on Deoember 4 before the Planning -5- OOI11�1CIL I�ErII�G OF I�VII�ER 18. I985 , Glomnission. He p�inted out they �re �isinformed and knew nothing bout the meeting this evening taitil they reoeiv�d a r�tioe on Friday. Mr. Qureshi stated the notioe for �is ! public hearing was legally publ ished in the paper. , Mr. Sc3io�eman stated he felt the peopl� have a right to kno�w and they are not being fully informed. Mr. Qureslhi stated, because of the interest shawn, notioes were sent on Friday I,to persons within 500 feet of the proposed developmer�t. , Mr. Larry It1�ec3�].e, 202 Mercury Drive,' stated they are talking about the trust level. He stated when the first' meeting was held, they reoeived a one day notiae which was the same for th� second meeting. He stated at the meeting last Thursday, they w�ere told �he next meeting was on December 4. He felt �ey w�ere r�t being dealt witY� fairly and not being told what is going on. ' Mr. Iduechle stated, whether this proje�t is good or bad, there will be a lot of people p�otesting if they feel thei� reeds have not been addressed. He stated this is the third meeting and hie dichz't feel that ariy of the problens they w�ere o�noerned about were going tp be acYlressed. He stated the traffic from the apartment oomplex will use thie back streets into the Sylvan Hills area and there is no doubt about it. ' Ms. Lois Brighton, 6210 Trinity Driwe, stated until Sunday afternoon reic�bor she r�or her husband knew any of this was going on. She felt they have a ric�-it to knaa what is being pra�sed in their area. Councilman Barnette stated notices were sent for persons living along P+jerairy Drive ar�c] Satellite Lane. H� stated there has to be some glace where the notification stops, but it w�as not the intemian to keep people in the dark. Mayor Nee stated that is why the notices are published for the public hearings. , Mr. Vick, represeming the . Chamber o� Comanerce, stated he would 1 ike an answer regarding the thaanber's sugges�ion for a skyway/wa].kway at University and Mississippi. Also, he would like 'to know if the present retailers at Ric�e Creek Plaza have been given an opport�ity to mwe into this o�mplex as it graas. Mr. L�mdgren stated they are going to wntact each and every tenant and awrier in that area and try to get then to relocate and di scuss thei r r�eeds with than. Ms. l�ry Sjostran, 6240 Starlit�e Blvd'. , asked if the oonstruction trucks would be hauling material throuc� tr�e'streets in Sylvan Hills. Mayor Nee stated he oouldn't imagir�e they wnuld use these streets. Ms. Sjostran made referenae to the Doty developnent and, trucks used the residential streets for transporting materials to the �n�truction site. Mayor Nee felt this �� Y1�15� 1� • �� 91 1:71' was because the develogaer�t was located ric�t in the residemial area. Mr. Bruoe Hanaood, 6200 Starlite Blvd. , stated the people living on Starlite are lucky if �ey c,an get vut o� their driveways in the morning hours and late afternoons on weekdays. He felt their street could not handle any additianal traffic. Ms. Sandy Dennis, 174 Satellite Lane, stated she hoped they considered the safety of �e diildren in the area and the results of extra traffic. Mr. Brian Cook, 6131 Trinity Drive, stated the thing that vonverns him most i s the traf f ic and the fact that there i s a time deadl ine on the bond i ssue. He stated anytime there is a deadline, he begins to question the motives. He felt this �oposal has to be looked at a little more closely. He stated there would not only be additional traffic fran the apartment o�mplex, but also the oo�rmerical developnerit. He stated he wasn't impressed with the oompleteness and detail of what has been presented so far and felt the developer should oome back when they are better prepared. Mr. Pribyl, Finance Officer, stated because of recent Legislation, tax exempt bonds are tmder fire and everyone wishes to meet the Deoember 31, 1985, deadline. Mr. �ok asked if anoe the bonds are issued, this would mean the project is aooepted. Mr. Pribyl stated the bonds wuld be issaed and then collapsed. 1�. Gbok stated he tnderstands the tax motives, but this doesn't do the residents ariy good. Mayor Nee stated the record on industrial development revenue bonds indicates about 25$ of then haven't been issued. He stated if they go through the prooess and find it woulc�n't work, the project doesn't prooeed. Mr. Q�ok stated regarding the matter of the sewer, he wondered if there would be addi ti onal assessme.nts both f or sani ta ry sew er and dr ai na ge . He stated he is not ready to say it is the wrong thinq to do, but r�ot wnvinoed it is right either. He stated, based on his knaaledge � the traffic flvw, there definitely is a problen. He stated Mississippi Street traffic is worse �an when he �me here three years ago. Mr. Don Fitch, awner of the Dairy Queen, stated he has never seen Mississippi Street in such bad shape, as far as traffic. He stated the traffic is �nstantly backed up. Mr. Fitch stated the HRA stated, when the project was o�mgleted, it would have 900 parking spaces so you would be adding 3,000 to 4,000 vehicles going in and out c� this area each day. Mr. Fitch stated, as far as the future developnent affecting his business, they would be "kicked-out" beaause their franc�ise calls for than to be located in a oertain area. Mr. Bric�ton asked the City's obligation in the financing. Mr. Pribyl stated the housing revenue boncls are the only mechanism by which the City beoomes invnlved and a a�nduit by whicii they are i ssued. He stated i t i s actually the developer's bond. He stated the City doesn't issue any gereral -7- •��s. i� �� •, y�J � i• �• olaligation bonds. ' Mayor Nee stated the City doesn't �eally issue the bonds, but is a sponsoring agency that makes then tax �e�aempt. He stated the City neither issues or pays far then or is responsi!ble for �en. Mr. Mervin Herrmann, 278 Mercury Driv�, stated his biggest ooncern is the traffic. He stated, even if the sani�ary sewer is adequate, he would like something in writing that the residents would not reoeive ariy assessments, if it was nevessary to provide for a cjreater capacity. Mr . Herrmann stated there i s a pcobl e�j crossi ng Mi ssi ssi ppi be ca use of th e heavy tr af f ic. He stated he sometimes goes so uth , i n or de r to ge t out of the S�lvan Hills area, and then pcooee�ds north in order to acoess the Holly Shopping Cemer, rather �an trying tc� cross at Mississippi Street. He felt 3rd Street should be vacated and Satellite Lane should be closed. Mr. Ahrens asked if the service road t�y Burger Ring is closed off, haw does Burger King get acoess. ' Mayor Nee stated he didn't feel th�y are in a position to answer that questian. He stated the hearing is' whether or not to build at this location, and if they can't work out �he neighl�rhood traffic, they ooulchi't prooeed. He felt if the businesses ir� the area were to prosper, developnerit is neoessary; haaever, they dic�'t warlt to foroe it on anyone. Mr. Ahrens stated he dic�'t believe the housing was needed at this location. He felt perhaps the area would be 'better served by just commerical dev el opnerit . ' Co�mcilman Schr�eider stated he felt aimnercial developnent generates more traffic than resideritial. He stated the arc�►erits he has heard pertain to the traffic, and if there are ather i�sues, they should be brought out. Mr. Ahrens stated he woulcfi't like standing in his yard an�d looking at a 12 story apartment building. Mr . Denni s Jahnson stated he f el t a 1� st ory apa r tment di dn' t f i t i n a nd would be a detriment and bring dawn gkoperty values. He stated he didn't think any are c� the Coimcil would warnt it next to thei r house. Ms. Norman Wetterberg, 175 Sylvan Lanie, asked the size of the c�ommercial buildings. Mr. L�mdgren stated the a�mercial buildings are approximately 60,000 square feet each and two stories in height. Ms. Wetterberg asked if the traffic study would cover the residents' wnoerns. Mr. Lundgren stated it would cover the implications of this developne,nt. He stated what happens to the �rth and south would be part of the survey. Mr. Sc�onPman stated the seoond phase o� �e developnent would involve him and his business. He stated his bus�ness would be gone as well as five -8�- ', M��L ia+ � • • � +• �+� other businesses. He stated there is no other place to locate, and questioa�ed where he would cp. He stated none of the businesses would be there, except Burger Ring. He stated the liquor store and the $70,000 spent would be gone and reglaoed with an elderly high rise. He stated he didn't feel a 12 story apartmerit is needed there. Ms. Rose Sanciusky, 181 S�lvan Lane, asked if widening Mississippi would tear up more of Hally ShopQing Center. Mr. Qureshi stated two lanes would be added, or�e an the rnrth and one on the south. He stated, in those areas, besic,ally, nothing has been cbne as it is hoped the �unty will be putting in the improvenent next year. He stated he recognizes access to Holly Shopping Cer�ter isn't the best at this time, but it is only a temporary situation. Mr. Qureshi stated the intersectian will be improved to allaw two turning lanes and mwe �e loopback to pravide at least 300 feet o� vehicle stacking roan on the west side. Mr. Neil Bonkoski, 232 Satellite La�, stated he commends the Council for trying to imprave the property. He stated, haaever, he felt a 12 story apartrnent building across fran where he lives would be an eyesore and dic�'t fit in with the area. He also stated to add even a few more cars is a dangerous situatiot� because o� the traffic problens. Mr. Qureshi stated everyone should realize that all the property is zoned oo�nmeric�al. He felt the housing and a mix of retail would tend to even out the traffic problem rather than having all commercial developnent. He stated this is the only property in the City. zoned commercial that is �mderutilized. He stated there is a total o� about nine acres and only four acres is being used. Mr. Qureshi stated eventually something will go in there and he would like to eee it planned properly. Mr. Qureshi stated they have been working on the traffic problan and a study was authorized to oome up with plans to solve the traffic problem. The property is zoned properly so some kind of high density developnent will eventually happen. Mayor Nee asked if the Council wished to close the public hearing or oontinue it. Mr. Qureshi stated, if the hearing is a�ntinued, the c3�oioe c� financing may be eliminated for this year. GbLmcilman Goodspeed stated he felt it was obvious this kind of development was not acceptahle with �e residents' way of life and felt it was a dead issue. Gbtu�cilman Barnette felt the Cbtaicil should have the traffic report before any action is taken. He stated he hoped everyone realizes they aren't trying to rail raad anything and would 1 ike to cb the best j ob they can f or the entire (Yty. Ms. Raren CAppicus, 256 Mercury Drive, questioned why they weren't inf ormed of this proj ect and wanted to kno�w Councilman Goodspeed' s posi ti on. -9- 12. •�� i�+ ��_ • " �:• ��r. �+• Cbunc.ilman Gooc�speed stated he is agait�st this project. He stated he felt notices should involve a larger are�a. He stated if there are further meetings, he woutd insist the notiaes be aent out four days in advance to every hane in the Sylvan Hills area. He stated this isn't a rew subject and dic�n't feel gaverrment should aocoept �he full burden of making sure every pers�n reads everything. He stated lei�al ratiaes were published and if you choose to spend your time informing yotirself, this was r�ot a secret. IrDTD�N by �uncilman Goodspeed to clo�e the public hearing. Seoonded by Councilman Fitzpatrick. Upon a voi;ce vote, all voting aye, Mayor Nee declared the motion carried tu�animous]':y and the public hearing closed at 9 : 25 p. m. ' rDTION by Councilman Schrieider to a�nsider Item 12 at this time which is the resolution relating to the apprwal o� this multifamily housing program. Seooncied by Co�mcilman Fitzpatrick. 'Upon a voice vote, all voting aye, Mayor Nee declared the mation csrried tulanimously. l4��1�1-��.�l��'L�U�� `� M�TION by Councilman Goodspeed to c�eriy adoption of this resolution. Se�nded by ��cilman Schr�eider. ' Councilman Schneider stated he wou�d agree there has been a n�unber of sic�if icant problens and issues raisec� and perhaps the feasibil ity of the project is in question. He stated the�re are a f�a key pieves of informatian not available regarding the traffic study and if samething oould be done on the heigi�t o� tr�e building. He felt the Council should see all the data before making a decision. �i�cilman Barnette felt the Co�mcil would be looking at projects for this land whether it be this one or others. He felt they awe it to everyone invalved to have all the facts before taking action. O�tmcilman FitzFatrick stated he felt the Co�mcil should have the benef it of the hearing before the Planning Coa�missian and their rec�omnendation. N�yor Nee stated the alternative is ii the Co�.mcil is prepared to vote for adoptian of this resolution. Mr. Qureshi, City Manager, asked if thie Cotmcil apprwed the the hearing for the special use permit, would they have reducing the project size o� stopping it a�mpletely, without City. Mr. Casserly of 0'Connor and Hanno�n law firm stated he uzderwriter az the housing revenue bor�, but would be happy informatian he has on other kinds of issues. -10- proj ect af ter the choice of damage to the was not th e to volunteer ��_ r ia� �,_ •- •� i: �+• L� Mr. Casserly stated he understands what they are talking about is the maximun poteritial bond issue ar�d if they cbn't put in the maxim�un and wish to go above that figure, it would be p�ahibited. Mr. Casserly stated if you wish to go belaa the maximun, this �uld be done. He stated the bond oo�sel always puts in for the maximun. Mr. Qureshi asked if the Co�cil o�uld decide not to prooeed at all with the project, onoe the resolutirn is acbpted. Mr. C�sserly stated the resolution should be very clear rn that issue. He stated if the Co�cil has the option of denying the permit, the bond �tuisel will have to deal with that issue on whether the issuance of the bonds would be valid. He felt most bond co�msels would allaa the bor�ds to proceed if everyone was acting in good faith. He stated then if the special use perniit was denied, it would be a o�llapse o�f the b�nd issue. He stated proceeds fran the bonds wouldn't go to the developer tntil everything is appraved, so the O�uncil ultimately has tfie f inal deci sion. ��cilman Schneider asked who would pay the oosts involved if the bonds oollapsed. Mr. Casserly stated the developer is responsible for those oosts. I�yor Nee stated he now has a moti an f or deni al and que st i one d th e ef f ect for tabling it for two weeks. Mr. Casserly stated the issue has to go to the Housing Finance Agency for their action. He stated it may be tedinic�lly possible to table this, but it would cause some procedural probl ens. �tmcilman Fitzpatrick asked if this resolution was acbpted, if the request for a special use permit wuld be denied. Mr. Herrick, City Attorney, stated one of the reasons for denial of a special use permit is creation of a serious traffic problem. He stated, after the Co�mcil reoeives the traffic study, they would have to make a finding. He stated 80 to 90$ of the discussion this evening has been on traffic and oertainly everyone la�ows there is a�noern about traffic in the area. He stated if the Co�mcil was to determine this issue has not been adequately addressed, they would have suf f ici ent reason f or deny ing the special use permit. Mr. Herrick stated, if the resolutian is adopted, it should be subject to the c3eveloper getting all the permits required including the special use permit and to make it clear Coimcil is not o�mnitting itself in advance of the prooedures and hearings that are required. � l�ayor Nee stated the prob�tea with prooeeding is that the traffic problen has really r�ever been addressed. He felt all this should have been cbne by this time. Mr. Herrick stated another alternative would be to table oonsideration of the resol uti on f or two weeks and, if ther e i s addi ti anal iuif ormati on at that time, actian o�uld be taken to acbpt or not adopt the resolutian. -11- ��!��. �' 1 •,' �� } I: �1• M�TIDN by Co�cilman Goodspeed to table o�nsideration of this resolution �ntil the r�ext regular meeting on Deoeznber 2, 1985 and residents in the area should be notified the item will be before the Council. Seconded by �Lncilman Barnette. Upon a vaioe vote, all voting aye, l�yor Nee declared the motion carried imanimously. � �-« � I�yor Nee called a reoess at 9:52 p. m. R�OONVENm: I, l�yor Nee rev�nve.ned the meeting at 1a:05 p. m. All Council me�nbers were preserit. , 2. PUBLIC HEARING ON THE MATTER OF RE�EVELOPMENT DISTRICT. TAX INCREMENT DISrRICT I�. 6 • . I�DTIDIV by Cb�mcilman Barnette to waivie the reading of the public hearing notioe arx7 open the public hearing. S�c�onded by Councilman Gooclspeed. Upon a voice vote, all voting aye, Mayot Nee declared the motion carried unani.mously and the public hearing op�ryed at 10:05 p. m. Mr. Flora, R�lic Works Director, statred this is a public hearing for the establisrunent � Tax Increnent District �6 which includes all of the 100 Tain Drive-In property and a portibn of Mr. Johnson's property to the Northeast. He stated Redevelopment P�oject Area No. 1 would be expanded and a Tax Increnent Financing Plan would tbe acbpted. Mr. Flora stated the Council has to determine if this is a suitable developnent for inclusion in their tax increnerit plan. He stated the plan has been �oposed to the HRA and they Ihave appraved the developner�t for this locatirn and for oosnbining it irito the Redevelopnertt District. I�yor Nee asked if this hearing was r�lated to a specific proposal at this time ar just establishing the tax inc�enent district. Mr. Qureshi stated there would be a h�aring on the actual agreenent with the developer before the HRA in De�nber. '' Mr. William Rell, 5675 Jackson Street� stated he abuts the Johnson property which would be invalved in this tax increnent district. He questioned what was proposed for the pcoperty and sta�ed the area is poorly located f or any additional flaa of traffic. Mayor Nee stated by making it a tax increment district, at least a substamial aQnount of income generated would go to solving the traff ic prohlens particularly as it relates to acoess to Hic�way 65. Mr. Qureshi stated there will be addi�.ional hearings to advise the residerits of the proposal for this p�operty. He stated he �derstancls there is going to be a�eicj�borhood meeting this Wec�esday. He stated the developer will -12- �� i i,��±��,_ •,� ,� a� i: �• then discuss his proposal and interact with the residents in this neicjiborhood. Ms. Saide Gunderson, 5707 West Moore Lake Drive, asked if the Drive-In property and Mr. Johnson's would be �nbined. Mr. Qureshi stated the tax increnent district includes Mr. Johnson's property, however the arranc�nerns worked out between him and the developer is an open question. On�mcilman Scx►neider stated fran preliminary sketches, it appears there would be a vo�nbinatirn of the Driv�-In progerty and Mr. Jahnson's property. No other persons in the audienoe spoke regarding this groposed establistnne.nt of Tax Increnent District No. 6. MJTIOI�1 by Co�cilman Barnette to close the public hearing. Seconded by C;oimcilman Schneider. Upon a voive vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:15 p. m. 3. PUBLIC HEARING ON THE MATTER OF TRANSFER OF CONTROL OF STORER 00NII�![7NICATIONS. INC. ZO 9CI I�IaING.S. INC• M�TION by Co�cilman Fitzpatrick to waive the reading of the public hearing notioe and open the public hearng. Seoonded by Cbuncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarmously and the public hearing opered at 10:15 p. m. Mr. Qyde Moravetz, staff adviser to the Cable Television ComQnission, ir�troduoed Mr. R�an Abrams, legal ootu�►sel for Storer Cwtm�cations, Inc. Mr. Abraans then introciuved Mr. Zbdd Spoeri, Northeast Regional Manager for Storer and Martha Brody, staff attorr�ey for Storer. He also iritroduced Mr. ARmon, representing Kohlberg, Rravis, Roberts and MacDonnell and Linda R�tter, oo�sel for SQ Haldings, Inc. Mr. Spoeri stated he is responsible for the operation of approximately 19 cable systans in eic,�ht states, serving 600,000 custcmers. He stated it has been no secret Storer plans to sell �e systens in Fridley, St. Louis Park, and Bloaningto�n. He stated they had a tentative agreene.nt with Group W, but that oeased when Group W decided to sell all thei r systems. Mr. Spoeri stated their purpose for selling the systems in Minnesota is merely a matter o� eo�nanics as the �able system goes through a period of graath which is now "clustering", ha�ving larger operations in more confined areas. He stated after the Group W deal failed to materialize, an offering brochure was prepared to see if there was another potential buyer for the systen. He stated six to eight groups here expressed an ir�erest. Mr. S�oeri stated they cbn't want any custaner to say they deserted them. He stated, while they have the frand�ise, they would o�ntinue to operate in a manner all can be p�oud of. Mr. S�oeri stated they are asking Coimcil for appraval o� the transf er . He -13- ��_1�, i�+ ��. • ,� �+ r �• stated their objective and intent is that the customers will see nothing different. He stated it will be the same aorporation doing business with Fridley and they will fallaa �e same policies and prooedures, working with the same staff they have now. Mr. S�oeri stated a multi-million dollar training program was launched to train all their custaner �mact peogle m haa to better serve the public. He stated cable has changed fran a hardware orier�ted business to "custaner driven" and that is why you are seeing expanding custaner installation. He stated rates won't go up because of market forces, as people can do without their servioe. He stated they oanpete with theaters, restaurants, etc. for custcmers, and, if the prioe goes too hic,�, people will disoonnect. Mr. Spoeri stated, as far as capital spending, it is mentioned there could be a reduction. He stated they cannot reduve their spending because if they don't improve their service, they eventually will lose custaners. He stated, most important, they are reducing many of their franchising premi�mn rates right naw and examining if something similar should be done in Fridley. He stated this is proaf they don't autanatically raise rates, but, in fact, reduce th�n. He stated they consider it a privilege to serve Fridley. Mr. l�mon, representing Rohlberg, Kravis, RQberts and MacDonnell, explained the nature of the transaction and how it would affect the day to day operations of Storer. Mr. Pmnon stated they have 12 professionals that work with Ki�t (Kohlberg, Kravis, Roberts) and the mere size of the firm means they are not an operating o�mpany. He stated they are fimncial architects and engineers. He stated they buy aoa�ipanies in a well-financed transaction. Mr. Ammon stated they do not have any expertise in the day to day operations in any of the busir�esses they aoquire, but rely an existing manageqnent. He stated they iritend to keep that managesnent in plaoe. Mr. Pnmon stated, in terms of the actual financial structure, he understands it is very c�anplex. He stated he o�uld spend some time going through the structure, but would 1 ike to reserve comment on the nature of the transaction intil Mr. Ricfiard's has made his report this evening. Mr. Abrans stated the transfer request before the Council is reasonable. He stated no franchising authority denied the request and the transaction is financially pruder�t. I�yor Nee stated notic�e was just reveived the rates would be increased by 5$. He stated he wondered if Fridley's systen was making any money now, to whic� Mr. S�oeri answered in the affinnative. Mayor Nee stated the 5$ increase was for improving thei r system and questioraed what the �fering was for Storer. I�. �nnrn stated he didn't wish to disclose this at the public hearing as it -14- •�� 1 i� � • - y� �i��+• may jeopardize thei r p�sition with other buyers. Mr. Gary Matz, legal oo�msel t:o the Cable Tel.evision darmissiori, stated the report before the Coualcil was prepared by his fiIIn and Mr. Don Rid�ards. He stated the p�ooess for this transfer is established by ordinance and State law. He stated it prwic3es that within 30 days after the public hearing. the City shall approve or deriy, in writing, this request. He stated approval o� the transfer shall not be �reasonably withheld. He stated the C7ty may iryquire into the qualificatirns of the disclosing party. Mr. Matz stated Storer has displayed nothing but o�operation throucj�out and has been most a�operative. Mr. Matz stated the City may oonditian the transfer rn such conditions and tenns it feels appropriate. He stated that the new �rty to the transfer would execute a guararitee of performance of the local operating company. Mr. N�tz stated, at the time the franchise was given to Storer, the City was to apprwe the technical, financial, and lec�l qualificatians. Mr. Matz stated, in regaid to their qualifications, he would address the legal and technical aspects. He stated, at the time of awarding the franc3�ise three years ago, the Gity was to apprwe the lec�l quali.fications, based on their review of the document provided to them from their legal ooimsel. He stated it is their opinion the legal qualifications are not substantially altered. Mr. Matz stated, in response to the technical qualifications, there are no changes anticipated in the Fridley cable system and no changes in the manag�nent af the systen. Also the various doc�anents shvwed the majority af the Storer Board of Directors would remain in glace. They are of the opinion there would be no significant changes in the technical qualifiaations of the franchise. Mr. Don Richards, independerit financial oonsultant, reviewed the financial implications of the transfer of Storer Communications. Mr. Richards preserited an organization ci-iart of the merger of SCI Holdings, Inc. with Storer Conm�micatiazs, Inc. He stated SCL Holdings, Inc. arranged for all the fin�ncing. Mr. Richards reviewed the exhibits presented in his report and the projectians for the future o� the company. He stated he placed Storer's equity with the r�ew money they are raising so the rate of return is 5 to 7$ which is not Farticularly good. He stated this raises a concern if it is difficult for these r�ew buyers to earn an acoepta4le rate of return. They may have difficulty in meeting their capital expenditures. He stated he made new projections and dropped the revenues to determine the cash flaw available for capital expenditures. He poirrted out small changes in revenue can have a rather sizeable oonsequence in the botto�n line so Storer oould easily find itself in a financial squeeze. He can see the possibility of a cash shottage. Mr. Richards stated, in order to meet a cash flvw shortage, the options open would be increased revenue, reduce operating expenses, reduce capital -15- ��. „I�ly'/ ��. �1 � � t}yIi �1� spending, raise cash fran outside investors or sell some assets. He stated he assuned they w�ould explore all c� those, if this occurs. Mr. Richards stated a subsequent sale of the Fridley system to another operator might well resolve some o� the prohleas we are a�noerryed with here, but it may not. I�DTD�N by Coia►cilman Sc.�u�eider to reoeive the report prepared by Herbst and Zllue and Don Richards and Associates. Seoonded by Councilman Goodspeed. Upon� a voioe vote, all voting aye, Mayor Nee declared the motion' carried unanimosly. Mr. �non stated in terms of Mr. Rid�ard's projectirns which appear in the report, and upon which he based many of his conclusions, those are projections prepared by the corporate staff of Storer and operating entities. Mr. Anauon stated in Novesnber of 1984, there was a contest for control of Storer and, as a result, Storer considered a number of aoquisitian proposals. He felt these projectians were put together far in advanoe without the thought that the operating inoome generated f ran those projections would be necessary to support $2,000,000 worth of debt. He stated those �aojectians were prepared in circunstanoes where there was no need to stretch the projections. He stated they are oomf ortabl e an adver se ef f ect i sn' t goi ng to occur . Mr. Artmon stated he would 1 ike to al so oomment rega rdi ng Mr . Richard' s analysis in terms of anortization in the franchise rights. He stated that will in no way have any effect in the kind of r�tes that are d�arged in the Fridley systc�ns or any other cable systan Storer operates. He also stated the equity is about $285,000 and the rates of equity w�ould be far in excess of 5 to 68. He stated they w�ould not have institutio�nal investors investing on the basis of that return. Mr. Pmnon stated there will be reported accounting losses in the first several years of this transaction. He stated they are p3ying $2 .5 bill ion for a oanpany that hasn't made maney in the last several years. He stated it is important to realize that media oompanies do not trade in the marketplave on the basis of net income. He stated media companies are valued as a multiple to ten times operating cash flaw before depreciation and a�nortizati�. Mr. A�non stated the analysis here is �t an importar►t oonsideration for the Gb�cil to take iryto acootmt. He stated Mr. Richard's p�ir�ted out that SCI will rot ger�erate sufficient cash to meet its expenditures. He stated this statene.nt is a�rrect, but there are important o�nsiderations. He stated it is assuned no assets are disposed of within 12 to 18 months. He stated they woud be disposing of some assets and have three systens that will be sold. He stated, in addition to the dispositio�n o�E those assets, they will dispose o� at least ane televisian station. He stated they anticipate $250-$300 millian will be reoeived in disposing of these assets. He stated they w�ould have sufficierit aash flow to servic�e their capital expenditure requirenents. He stated they have r�ever entered into a transaction where they anticipate "squeezing" the aapital expenditure needs of a company they acqui re. He -16- • J� I�i i�. •' �� }vl:_�1; stated they wish to enhanoe the value � those busiryesses and one way is to spend ma�ey. Mr. Amn� stated they anticipate doing that here at Storer. Mr. ARmon stated their disposition o�f assets would carry then through 1990 in terms of suff icient oash flow. He stated f or the f i rst 18 months when they have not disposed of the assets, there is sufficient �sh available to servioe all their nee�. Mr. P�non stated they anticipate having to do one of two things, either disp�sing of assets or refinancing sane � the debt voming due. He stated this is something that has been disclosed, but they have been able to sell $1.5 billion in institutional debt to finanoe those ohligations five years out. Mr. A�nnon stated they are not investing $2.5 billion, but $285 million. He stated they anticipate there will be very little, if any additional borraaing and anticipate the �oessity of refinancing debt four or five years out. Mr. Ammon stated he believed the ass�unptions are very conservative, reas�nable and achievable. He felt a 10$ increase in advertising revenue is not tnrealistic. Nhyor Nee stated they would be increasing the werhead on this operatim and wondered what the Gity would be getting for it. Mr. P�►on stated day to day operating aosts would renain as they have been. He stated the anly way they can be reassured of repayment is to insure the business has sufficient capital to graa and the banks and f inancial institutions have as much oomnihnent to these busir�esses as anyone else. He stated it is in the best interests to asssure the local subscribers are taken care of . I�yor Nee stated they w�uld be increasing the debt load fran about 60 to 80$. Mr. A�non stated there is no alloc�tion to Fridley itself. He stated had this transactio� not taken place what is referred to as the "reduced overhead" would have been made available to pay dividends on the oommon stock to pay shar�alders. Mr. Ammo�n stated three years ago when the franchise was rene�wed, the capital structure was 25$ in equity and 75$ in debt and they are naw looking at 20$ arul 80$ so cap�tal structures have really not dzanged that much. He stated they are not anticipating doing anything differerit in the future than what Storer predi cted 1 ast Novenber . l�yor Nee stated $1.2 billion in deb�t was added for their convenience and c�ves Fridley nothing and they have to pay it. Mr. Ammon stated they are not asking the �nstmers in Fridley to incur ariy additional charges than what would have occurred with Storer. Mayor Nee stated if you increase the o�st � the systen by $1.2 billian, the vonsuners are g�ing to have to pay and asked what they would be getting in -17- • • I �1 1 •, y� � I' �1' return. Mr. ARman stated if you look at the projections, it is possible that the transaction supports itself to 1990 at which time they anticipate refinancing sane a� the debt. I�. Artman felt the important thing to keep in mind is the sale o� the systen as it no langer fits in with the geographic�l avrership of the systeas Storer awns. Mr. Rid�ards stated one o� the very important oonsiderations he has learned being in the investment busir�ess is that the prioe you p3y for an asset is probably the most importarit. He stated anytime you increase the leverage, you expose yourself to more risk and that is what is being done here. He stated anyone that doesn't take into account the capital return of that as9et would find himself behind the "eight ball". He stated he would be �noerred with operating cash flaw and look at the bottan Iine which is return. I�yor Nee asked Mr. Richards if he can c�lculate the oomponer►t of Fridley's debt. Mr. Rid�arcts stated the operating overhead probably won't increase because o� this transfer. He stated they oertainly have more interest cost and more deb�t servioe and someone has to pay it, but it may not result in increased �sts to Fridley subscribers. Mr. Zbdd Spoeri stated the projections referred to last Novenber are being met or exceeded right naw. He stated he believed the plan before the Council will work, as it is working now, and asked for favorable a�nsideration of the transfer. He stated, in referenoe to the rate base and what it has to do with the pricing, the marketplace sets the rates. He stated there is no way cable can be fo�oed dawn the throats of oonsuners. CoLmcilman Schrreider stated a letter has been reoeived notifying them about a rate increase. Mr. Spoeri stated this is a 5$ basic increase. Mr. Abrans stated they wanted to be u�rfront with the rate increase and that is why they w�ere rntif ied. Mayor Nee stated there is a side letter with Storer ooncerning their obligation to offer a 50 channel system. He asked if this would be oontinued. Mr. Abrams stated he believed the requirement is part of the ordinanoe. He stated as part of the acaeptanoe prooec�re, SCI Holdings wi11 beoome a sic�ator to the ordir�anoe. Mr.� I�bravetz stated there is a letter of oamiitme.nt that after the five year frand�ise term, Storer agreed to build a 50 channel systen, if they reveived a 15 year f ranchise. Mr. Abraa��►►s stated if Storer Cbmn�ications went out and borraaed $2 billion and distributed it to the shareholc3ers, they w�oulch't be here this evening because there woulc�'t be a transfer o� ooritrol. He stated, beaause o� I�, they are here tonic�it. Gbimcilman Schneider asked what the optians were regarding disposition of -18- �� .J�. � i� 1�_ •-' �!�Ltii: a�; this matter. Mr. I�itz stated the Council mn apprwe the transactirn as it is before then this evening or they can deny it. He stated, �nder the existing f ranchise ardinanoe, the ��cil has the right to attac� terms and oonditirns. l�r. l�r►on stated they oertainly cbn't warit to cb anything without the local authority's oonserYt. He stated the only areas where they are seeming to meet some resistanoe is in Minnesota. He stated if oonsent wasn't granted or �nditians imposed which �ey felt were erroneous, it would be something they w�uld have to take into acoount in closing the transactian. l�yor Nee asked Mr. Pnman to submit his �erits this evening, in writing, to the C��mcil. NDTIDN by Councilman Schneider to �ntinue the public hearing on the matter of this transfer to Deaember 2, 1985. Seconded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. PUBLIC I��ARING ON THE ISSUANCE OF A REGULAR ON-SALE LIQUOR LICENSE FOR ��IDEE"S RESTAUR11Nr, 6490 CEIJrRAL AVENUE N. E. , GARY BR�M: NDTION by Co�ancilman Fitzpatrick to waive the reading of the public hearing notiae and open the public hearing. Sea�nded by �uncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opered at 12:05 a.m. Mr. Bill Weiss stated he has sold his busiress, Sandee's Restaurant to Mr. Braa¢n. He stated he paid $6,000 for the liquor lioense and Mr. Braam also paid $3,000. He questioned if he would be receiving a refund since he di�'t have the lioense a full year. Mr. Ptibyl, Finanoe Offioer, stated the ordir►�noe does not address itself to a ref�md when an aaner exits a business, but anly to pso-rating the license when a new aaner takes aver. Mr. Herrick, City Attorney, stated he felt it is clear the City is oollecting frcm two people for the same period of time and dichl't feel that was the iriter�t of the ordirianoe. He felt �e way to wrrect this would be an amenc�ient to the ordinance. He stated there is a provision for pro-rating for a rn�a awner, but no pra�ision for pro-rating when an awner leaves a business. Mr. Qureshi, City Manager, stated he would reoommend staff research this iten and sutmit a report and, if there is justification, the money can be ref uded. Mayor Nee stated the hearing is for the issuance of an on-sale liquor lioense far Sandee's Restaurant to Gary Braam. Mr. Pribyl stated the p�live investigation was oompleted and apprwal is -19- •• _ r i�+ � • - • � �• �,• re�mnended of the lioense. Mr. Braam stated he dicfi't ariticipate making any dianges in the restaurant. HDTIDN by Co�ncilman Schneider to close the public hearing. Seconded by Cfluncilman Fitzpatrick. Upon a voic:e vote, all voting aye, Mayor Nee declared the motion carried �a�animously and the public hearing closed at 12:10 a. m. • � : _ �! - 5. �1�rDERATION OF APPOINrMENr ZO COMMUNITY DEVEIAPMENT COMMISSION (TABLED ��.$ � M�TD�1 by Cotmcilman Fitzpatrick to table this iten. Sewnded by Co�cilman Goa�speed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. . �• � a�• • • • � « • �� • • • •�1�._ • • ___; . , �� ►' �� i �� N�. Wood sutmitted a r�ew prop�sal where the garage would not be setback, but brouc,�t forward and kept in line with the house. He stated he is also c3�anging the size frrnn 24 to 20 feet and keeping the depth � 22 feet. Mr. Wood stated he would be changing the drive into the riew garage and deleting the entranoe �to Alden Way. Mr. Leroy Anderson, 7581 Alcien Way, stated he still objects as he would be facing a 60 foot wall. He stated he is not asking for anything here that is not in the ordin3nve. Mr. Anderson stated he felt he was being asked to Fay quite a prioe. He stated Mr. Wood knew � this situatian when he purchased the house, a�nd there is roan an the east side of the house to construct a garage, with no varianoe needed. �imcilman Fitzpatrick stated ric�t row Mr. Anderson looks out on a driveway where oonstruction v�icles are Farked. He stated the petitioner is willing to take out that driv�aay and restore the boulevard and curbing. He stated it seems, if he was in Mr. Anderson's positirn, he wcwld be glad to see the driveway and the parked v�icles go and the boulevard restored. Mr. Herrick, City Attorr�y, stated if the house was facing R.ickard Road and Alden Way was a side yard, then the setback would be about 17 feet. ��ci.lman Fitzpatrick stated he under stands Mr . Ander son' s obj ection to looking at 60 feet of wall, but he now is looking at vehicles parked outside. Mr. Anderson stated, moe the c$rage is wnstructed, he is stuck with it, and there is roan on the east side of the house. Councilman Fitzpatrick stated he agrees Mr.Anderson shoulch't have to look at vehicles or 60 feet o� wall, but if nothing is done, he will continue to look at parked vehicles. Mrs. Anderson stated they wanted to attach their garage also, but wasn't allaaed a two foot varianoe. -ao- 7. �� )�. � �I 1 •.' � � �?�i �'�� Mr. l�sty Silseth, 7521 Alden Way, stated when the stakes were in on Mr. Anderson's house, he tried to talk the c7eveloper into mwing it back so it would be alic�ed properly, but they are not. Mr. Woo�d stated, if you take into oonsideration what should be f ront, the f ront yard setback i s approximately 35 feet from the property line. The side yard fran the property line would be 17-1/2 so it would be only about a 1-1j2 foot varianoe. Gb�ncilman Fitzpatrick stated he understands this is an extreme variance request, but, on the other har�, he believes this will keep a�a�ning up until there is a garage on this property. Mr. Dennis Dittmer, 7595 Alden Way, stated he has lived at this address for 38 years and the ordir�anoe is 35 feet and felt it should be kept. Mr . Ander son stated i t has to be shown th e pr ope r ty can' t dev el op i n ar�y other way for the varianoe to be granted. Mr. Darren Ancierson stated for a varianoe to be approved, there has to be no other way to �hysic.ally put this in. Gb�mcilman Fitzpatrick stated the petitioner is a victim of what really should be his side yard is his front yard. He stated the descriptions of f ront and sic�e yard are used for assessnent purposes. He stated, if this were Mr. Wood's side yard, it woulch't be much � a varianoe. NDT�ON by Co�mcilman Fitzpatrick to grant the varianoe for wnstruction of a 20 x 22 foot attached garage with the driveway off Rickard Road, with the stipulation that the petitioner renwe the b�lacktop in the existing driv�aay and restore the wncrete curb and restore the area with sod and landscaping. Seconded by Councilman Schneider. Upon a roll call vote, Councilman Fitzpatrick, Gb�mcilman Schneider, Councilman Goodspeed, and Councilman Barnette voted in favor of the motian. I�yor Nee voted against the motion. i�yor Nee declared the motion carried tr� a 4 to 1 vote. Mr. Anderson questioned the hardship. Cb�cilman Barnette stated he felt good sense dictates the c�rage should go on the west side c� the house. NEW BUSII�SS • �gy �r�aN jmu,L �r+�n,ym��nm �� rn�nm�c �nR m� 111VF'.MRFR 5 1985 GEI�RAL EIECTION (WAFiD II) • 1�DTION by Cb�cilman Fitzpatrick to reoeive the statenerit of Novenber 5, 1985 General Election, Ward II. Seconded Goodspeed. Upon a voice vote, all voting aye, Mayor Ne motion wrried unaniinously. Canvass fcllows: -21- canvass for the by Councilman e declared the STATEMENT OF CANVASS GENERAL ELECTION NOVEMBFR 5. 1Q85 DECLARATION OF RESULTS THf.REOF A. In accordance with Section 4.08 of the Charter of the City of Fridley, Minnesota, the City Council declares the results of the 1985 General Election to be as follows: A. Total nu�►ber of ballots cast was: Ward 2- Precinct 1 b2 Ward 2- Precinct 2 61 ward 2- Precinct 3 116 Ward 2- Precinct 4 110 � TOTAL 349 B, The number of v�tes for each candidate, number of overvotes and undervotes and write-in votes are as follows: Dennis L. Schneider Overvotes Undervotes t�lri te-i n Votes TOTALS COU��C: L"!r"".°EP. - NAP.0 ? I h'- 2 P-1 58 0 3 1 James J. Bauer _____._� 62 w-2 P-3 � 51 0 5 2 Curtis Barness 3 John Garqaro 61 -22- W-2 P-3 lJ-2 P-4 109 104 0 0 4 3 1 2 John Everett Garqaro Utter 1 1 Glenn Kenneth Doualas Rureau 1 Gerald Machowicz 116 110 ToTn� 322 � 15 12 � 349 STATEMENT OF C�NVASS PAGE 2 GENERAL ELECTION NOYEMBER 5, 1985 C. ?he following officer was duly elected to the office of Councilmember ward II: Den�is L. Schneider D. The following is a true copy of the ballot used: OFFICAL CITY ELECTION BALLOT Put �a IXI ia t6e xquare oppo�ite t6e oa�ne ot each c�odid�te you �►is6 to vote (or. CITY OF FRIDLEY GENERAL ELECTION NOVEMBER 5, 1985 FOR COUNCILMEMBEft WARD 2 VOTE FOR ONE DENNIS L. SCHNFIDER -23- 7A STA?EMEh7 OF CAhVASS PAGE 3 E: The names of the judges of the election are as follows: r;� WARD 2 PRECINCT 1 *Alite Henderson Terry Johnson Jean Pladson Marlene Eidem k'ARD 2 PRECIMCT 3 *lee Carlson Kathleen Hoppe Kay Beihoffer Janice Hebeisen MAYOR - I�:LLIAt' J. NEE GENERAL ELECTION NOVEhBER 5� 1985 WARD 2 PRECINCT 2 *Pat Anderson Doris MOxness Mary J. Johnson He1en Shaffer wARD 2 PRECIhCT 4 *Virainia Bureau Jean� WaQar Delores Mellur� Mary Jechorek Naida Kruger Jean Gerou U C LM MgEP Otd L MER COUNCILMEMBER -- �� . .. . . CONSIDERATI�N OF �! ORDI�;A�;CE i'ECODIFYIhG THE FP,IDLEY CITY CCDE Bv A��ENDIr;G CIiAPTER 603 ENTITLED "INTOXICATIt:G LIQUOR'�SECTION 603.23 3 k'INE LICENSE): -2a- . rI ��_ � Y�_ �iM1I�, ��' � � /�yli yl; M�TION by Councilman Schneider to waive the reading and approve this ordinanoe upon first reading. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ; a.« � � • .i �. • -� �• •• i • i �_ • z� • : I�JTION by Councilman Schneider to receive the minutes of the Charter oomnissian meeting of March 18, 1985. Seoonded by Councilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RDCEIVING Tf� MIN[TrES OF Tf� CABLE TELEVISION ADVI9�RY QONIl�IISSION A9EETI� QF OC'It�BER 17 , 1985 • MDTION by Councilman Schneider to receive the minutes of the Cable Tel.evisian Qonunission meeting of October 17, 1985. Seconded by Councilman Barr�ette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried �animously. 11. RDCEIVIIJC' TF� MINtTrES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6. 1�g5 : A. SPECIAL USE PERMIT SP #85-12 � AI.TAW A DIFFII2EI� IX�Il�RCIAL USE IN AN Srl ZOIVING DISTRICT. 5973 �RD S'rREEr N.E.. BY ADERIAN SMITH• Mr. Flora, Public Works Director, stated this proposal is to allow a printing plarit at 5973 - 3rd Avenue. He stated the business previously at this loc�tian was The E�erc� Shed. Mr. Flora stated the property is in an S-1 zane in the Hyde F�rk area. Mr. Flora stated the petitioner aqrees to make substantial site improvenents, and the Planning Commission reoommended approval with nine sti pul ati ans, whi ch he outl ir�ed. Cbu�cilman Goodspeed stated the stipulation that the City should sell land to S-1 zo�ned property was in violatian of the spirit of the S-1 zoning in that these businesses shoulch't exp�nd. Councilman Fitzpatrick stated he agreed with Councilman Goodspeed on expansion of non-conforming uses which they would have if the petitioner were to buy the City land. He stated if the petitioner were to purchase this land, he believed it would affect a n�anber of the stipulations. He stated the question he had was if the petitioner, Mr. Sinith, wishes to purchase this City property. Mr. 9mith stated he did not. Mr. Qureshi, C�ty Manager, asked Mr. 9nith haa many parking spaves he r�eeded in order to oonauct his business. Mr. Stnith stated six to eic�t cars would be there on any given day. Mr. Qureshi asked Mr. Snith hvw Yye intended to pravide the parking. Mr. 9mith stated it wouldn't be possible to provide the required parking if it had to be marked and striped, without the extra -25- � � � �. � �� . �_ �! � r,�i: a�' land. Mr. Qureshi stated the questian really is if this is an impravenent to the building. He stated, if it is, he felt there should be curbing to make it look presentable. Q�incilman Sdu�eider stated if City land is used, it precludes anything being built on the slip-off. Mr. Flora stated there has been some discussiai before the Planning Commission about the City closing off the sl ig-a�f . Gbtmcilman Fitzpatrick stated there were statenems to the effect that the purp�se c� fihe S-1 zrning was to return the area to residenti,al. Mr. 9nith stated he was in agreement with the stipulations made by the Planning Cannissian and would work with the City regarding the parking and lanc�caping. Mr. Flora stated staff can work with Mr. Sinith to bring the property closer into oode oomplianoe, without him aoquiring additional property fran the C;ity. ��cilman Goodspeed stated he did not want additia�al land c�ven or sold to the petiticaner, but he would not be opposed to his leasing it. I�DTION by Co�cilman Goodspeed to grant special use permit SP �85-12 to allaa a different o�omnercial use in an S-1 District at 5973 - 3rd Street, with the fallaaing stipulatians: (1) exterior impravenents be made to the building, as per plan, by May 1, 1986; (2) a portion of Lot 29, approximately 1,604 square feet, be leased fran the City for $1.00 per year with t3�e City's ric,�t to terminate the lease with a one year notice, after the third year; (3) parking area be pravided, as per plot plan, with v�ncrete cur bi ng and a sphal t�av ing by July 1, 1986 ;( 4) lands ca pi ng be prwided, as per plot plan, by August l, 1986; (5) a s�und insulated c�aanber be provided for the air compressor, prior to occupancy; (6) a site improvenent performanve bond be pcwided in the anount of $5,000, prior to the issuanoe o� a building permit; (7) expansion of the proposed business, including the addition of a printing press or building additions, will require a review of the special use permit; (8) employee parking needs should not exceed eic,�t stalls at any one time, �less additianal parking is made availat�le; and (9) this special use permit is for �e proposed business only. Sewnded by Cbuncilman Schneider. Upon a voioe vote, all voting aye, I�yor Nee derlared the motion aarried unanimously. B. SEITING A PUBLIC HEARING ON Tf� MAZTER OF A FI1�,L PIAT. �IVEi�OD PARK BY CHARLES OOOK: HDTION by Co�mcilman Fitzpatrick to set the public hearing on this plat for Deaember 2, 1985. Sea�nded by ��cilman Schneider. Upon a voioe vote, all voting aye, Nhyor Nee declared the motion carried unanimously. C. �3EVIE�nT OF A SPECIAL USE PERMIT. SP �78-13. � AW17W SAI�S A,1�ID SERVICE FOR Z'E1E I13STALIATION OF SERVICE STATION DQiJIP� N�Tr. 5333 [7NIVERSITY AVENUE N.E.. BY MIPIIVE90TA PETROLEUM SE�tVICE. STEVE HAN90N: -26- •.�� + � •, � /}yI:_�1• _• � I�. Flora, Riblic Works Director, stated this property is located east of University Avenue and north o� 53rd Avenue. He stated the operations of this establishment were reviewed, after a fire, and it was found the business had expanded beyond the oommerical use and was industrial in nature. Mr. Flora stated it was re�nnended they apply for a special use permit, sinoe the operatirns of the business had changed. Mr. Flora stated the Planning Conmissian reoomnended apprwal with certain stipulatians, which he o�tlined, in order far the special use to o�ntinue. Mr. Hanson, the petitioner, stated he would like the stipulatian regarding a $2,000 performance bond to be eliminated. NDTD�N by Co�.mcilman Fitzpatrick to r�approve special use permit SP #78-13, with the fnllaaing stipulations: (1) fence be replaced by Novenber 29, 1985 , as per pl an; ( 2) a r�ew fenoe be installed f or addi ti anal stor age ar ea on the southwest �rner o� the building, as per plan, and by Nov�nber 29, 1985; (3) a new fence be installed, by Novenber 29, 1985, to enclose dtunpster area, as per plan; (4) landscaping be installed by November 29, 1985, as per plan; (5) fencing and building to be stained or painted by Nwenber 29, 1985; (6) Armor Shield Tank Lining Sic� and Minnes�ota Petroleun Servic�e sic,� to be renwed and replaoed with a single oombination sign to acoonmodate both businesses which meets City oode by Nwenber 30, 1985; (7) storage yard to be rearranged and plaoe all material, including equipnem an the property, to the north within fenced area by February 28, 1986; (8) remove trailer fran storage yard by February 28, 1986; (9) replace hlacktopping within storage yard by June 1, 1986 ;(10) all equi pnent and materials �nique to the Armor Shield Tank Lining busir�ess are to be remwed f tam the site and continue to be r�noved f ran the site; and (11) this special use permit to be revi�aed by the Planning Commissioa� in June, 1986 . Se�nded by Gb�cilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried tmanimously. D. ITEM FF�JM THE APPF�AI.S QOHIlNISSION I�ETII� OF OC'I�OBER 29. 1985: VARIANCE REQUESTS � RIDUCE SErBACK FOR PARKII� ADID HAFtDSURFAC� ARF�AS FRC)M ANY SIDE IUT LINE AI�ID FR(JM ANY RF.AR I1n LIl�. 7940 AI�ID '79R� gANCHER' S I�p AI�ID 7989 MAIN STREET BY GERAID PASCHICE: Mr. Flora, PuUlic Works Director, stated these are variances to reduce the required setback for parking and hard surfaoe areas fran five to zero feet f rcm the side and rear yard setY�acks. Mr. Flora explair�ed the hardship stated was that the placenerit o� landscape buffers between develognents is not oonducive to efficient parking lot layout and manewering of seni-tractor trailers. I�lr. Flora stated the Appeals Com�nission recommended appraval, with four stipul ati ons, which he outl iryed. I�DT1pN by Coi.u�cilman Goalspeed to apprwe the varianoe request to reduoe the required setback far parking and hard surface areas f ran 5 to 0 feet f ran -27- ��. � �!��i�_ •,• ,� r i: a+• ' ' any side lot line and to reduve the required setback for parking and hard surf ave areas f ran 5 to 0 feet f ran any rear lot line an Lots 4, 5, 6, 7 and 8, Block 4, University 7ndustrial Park Addition, the same being 7940 and 7980 Fan�er's Road and 7989 I�in Street, with �e fcallvwing stipulations: (1) joint driveway easement/parking agreenent between Lots 1 through 8(to allaa circulation ricjits fran 79th to 81st Avenue) to be recorded at Anoka County prior to oertificate of occupany for Lot 7 or Lot 4; (2) joint driveway easement agreenent between Lots 4 and 7(to allaa joint access off i�ncher's Road) to be recorded at Anoka County prior to certif icate of occupancy for Lot 7 or Lot 4; (3) provide proo� � pond size adequacy; and (4) petitioner provide storm sewer easements. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the moti� carried unanimously. MDTION by Councilman Schneider to receive the minutes of the Planning CoRmissiai meeting of Novenber 6, 1985. Seoonded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee delcared the motion carried iuianimously. • 12. QONSIDERATION OF A RESOLUTION RELATING TO THE APPROVAL OF A MULTIFAMILY HOUSING PF�JGRAM FOR Ti� QONSTRUC.TION OF A MULTIFAMILY F�USII� PRU7ECT BY TI� FRIDLEY PIAZA AS90CIATF�.S LIMITID PARTNERSHIP AND AUTHORIZING THE SALE OF HOUSING REVENUE BUNIDS: Zhis iten was �nsidered early in the evening, alang with Iten 1--the Fublic hearing relating to this project and was tabled to the meeting of December 2 , 1986 . 13. RF�I�LTPION I�U. 97-1985 REIATII� � Z'f� ENIARGF�N�.TTr OF RIDEVEUJPMENT PROJECT N0. 1; AN�I�IDMENr OF TAX INCREMENr FII�NCING PLAN FOR DISTRICT NJ. 2 THROUGH 5� FSTABLISfII�fENr OF TAX INI�REMEN� FIIJANCING DISTRIGT 1�A. 6 AND AMENDMENr OF I�DIFIID RIDEVEIDPN'IENr PLAN AI�ID ADOPTION OF TAX INCREMENr FII�NCING PIAN FOR DISTRICT 1�U. 6 • NDTION by Co�mcilman Goo�peed to acbpt Resolution No. 97-1985. Sev�nded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motian c�rried unanimously. 14. RF.90LUTION NJ. 98-1985 O�ERII�U THE PRELIMINARY PLANS. SPECIFICATIONS AND E�TIMATES OF Tf� OOSTS TI�RDOF: i�TER AbID SANITARY SEWER PF�7ECT #160 • PDTION by ��cilman Schrieider to acbpt Resolutian No. 98-1985. Sev�nded by Cbtmcilman Goodspeed. Upon a voioe vote, all vating aye, Mayor Nee declard the motian carried unanimously. 15. RF9()I�JPION N0. 99-1985 RECEIVING THE PRELIMINARY REPORT AND RECEIVING A P�.TITION � in�IVE A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF C�AIN IMPRUVEN1ENrS: Sn�TER ArID SANITARY SEWER PRUJDCT #160: 1�DTI01�1 by do�cilman Schr�eider to adopt Resolutior► No. 99-1985. Seoonded by Cbimcilman Goodsgeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motirn carried unanimously. -�8 - � iai � •,• �!�L�r. �• 16. RE.SOLilTION I�. lOQ-1985 ORDERING IMP'1�JVF�MENr AND PLANS AND SPECIFICATIONS A1�ID ESTIMATES OF O�STS Tf1E'.R�OF • i�1TER APID SANITARY S�EWER PFi�7ECT �16 0• NDTD0�1 by �tncilman Barnette to adopt Res�lution No. 100-1985. Se�nded by ��cilman Sch�eid�er. Upon a vaioe vote, all voting aye, l+�yor Nee delcared the motioci carried unanimously. `• • • 1 •: ••�]i• 1 I••,• � 1�1 ••,• • • ' ��_ • �u ••�7i• .� ; � t ;� �+,�i�� • : n. .�—�t�: : �� _ ��4-= � •�• a . � NDTION by Co�mcilman Shcneider to acbpt Resolutian No. 101-1985. Seconded by Cb�cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unanimously. �• �,, � � •� ••�• •,••. i. � :•• •��. _��i y • • •.• �+ ��i � •,�_ ly.� • � . : � NDTD�N by Co�cilman Schr�eider to ad�pt Resolution No. 102-1985. Seoonded by Co�cilman Barnette. Mr. Flora, Alblc Works Director, stated this imprweaent rn East River Road is just north c� Rickard Road to just south of Glen Creek Road. He stated it would oonsist �' two lanes in each direction with concrete medians to channelize traffic and limit crossings to Lcx�an I�rkway, Osborne and Rickard Road. He stated these crossings will have protected left turn lanes when the enti re segnerit i s f inal ized. Mr. Flora stated the imprwener�t on Osborr�e Road is just west of East River Road to Qxnneroe Lar�e. It will include turning lanes with sic,�alization on East R.iver Raad, improved railroad crossing, and two lanes of traffic in eadi di recti on. Mr. Flora stated it is important to identify--the requirements for the bikeways, walkways and sidewalks. He stated the County has plans for a bikeway system along East River Road and the City has established a bikeway/walkway east/w�est systen along the north side o� Osborrye Road. Councilman Fitzpatrick stated he had concern with any plantings, as complaints have been received fran residents regarding the plantings installed in the impravenent c� East River Road further to the south. Mr. Flora stated, where the left turn lanes are located, there wouldn't be any glantings at all. O�ia�cilman Fitzpatrick stated he would like to send a resolution to the Q�tnty to the effect that in the Fridley part of the imprweaent, there not be any plantings at all. Mr. Qureshi, City l�nager, stated one c� �e �noerns on they dicll't want all blacktop and the plantings were cb the harshness of the roadway and for aesthetics. H differerit situatian here than farther south m East Ri.ve -29- East River Road i s ne in order to br eak e felt this was a r Raad. Mr. Qureshi !��. � Y��+M�±---'- _�! ��_�+• � Z�� stated, when the plans are available, it would shvw t�o what extent plaminc� will be dore. Q��cilman Fitzpatrick felt staff should o�nvey to the murity their o�noerns and request there not be any plaritings. Gb�cilman Barnette stated he would agree as he has had marYy oomplaints with glantings farther south on East River Road. UPON A VOICE V0�1'E TAI�i CN �E ABOVE 1�DT�DN, all voted aye, and Mayor Nee declared the motian carried unanimously. . . �« � : u • n ..,_ . �• • • • • �• -. 1,_ •, • • • � • y� y� �. PDTI0�1 by Co�cilman Schneider to reoeive the fallaaing bids f or Water and Sewer Project No. 156: Dave Perkins O�ntracting 7833 Unity Avenue No., Brooklyn P�rk, Minn. Hydroaon, Inc. P. 0. Box 129, North Branch, Minn. 55056 Chaiu�el Construction �. , Inc. Route 2, Box 53 , Isl e, Mi. nn. 56 342 Enoon Utilities 2530 East CLiff R+a�d, Burnsville, Minn. 55337 F. F. Jedl icki 14203 W. 62nd St., Eden Prairie, Minn. 55344 0 & P Contracting, Inc. Box 506 , Osseo, Nlinn. 55369 Hennen Construction (b. 14520 l�in St., Rogers, Minn. 55374 Ro-So Contracting 7137 20th Avenue, Qenterville, Minn. 55038 Mar-I�n Contracting Co. 11985 S�nybrook Raad, Eden Prai rie, Minn. 55344 B & D Undergro�md 6130 �set Drive, lrbimd, Minn. 55364 Boaiir�e Excavating, Inc. 1�636 Main Street, Rogers, Minn. 55374 $66 ,422.50 $57,262.00 $45,342.90 $45,555.25 $55,$00.00 $54,121.01 $47,356 .00 $70,964.00 $62,166.75 $56,815.87 $37,669.60 Seaonded by doincilman Barnette. Upon a vaioe vote, all voting aye, Mayor Nee declared the motion aarried unanimously. - 30- «� i,. i�±��_ •,- ,� !:� i: �• • }� IrDTD�1 by Qo�cilman Barnette to award the oontract f or Water and Sewer Project No. 156 to the law bidder, Bonine Excavating, Inc. of Rogers, Minnesota in the ana,uit o� $37,669.60, oontingent rn the GYty reoeiving the neoessary easeme.nt agreenents. Seaonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. �tSIDERATION OF A PETITION FOR MIU-BIACK SPREET LIGI�. 5121 HfIGHES S'PREEr: P�. Flora, Aibl,ic Works Director, stated a petitian has been reoeived for a mid-�lock street lic�t on 8uc�es Street to be installed in the northwest c�rner at 5121 Huc�es Street. Gb�cilman Fitzpatrick stated, although it looks like this would be far fran mid-block lighting, this is the area o� Huc�es Street that is dark due to the curve in the road. He stated, in the suRmer, the falage fram the trees t�locks licjlt aroiuid the wrve. IrDTION by Cbimcilman Fitzpatrick to authorize the installation of a street light on Huc�es Street. Seoonded by Cour�cilman Schneider. Upon a voice vote, all voting aye, I�yor Nee declared the mation carried unanimously. �.1 _ � �• • •, • � ;. •• ,_ z,�� .>• �� • �« ��+� NDTrON b� Councilman Schneider to apprwe the 1986 Council and Holiday Sc�ec3ule. Sewnded by O��cilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motian c,arried unanimously. 22. LICIIJSFS NDTI�ON by Co�cilman Barnette to approve the lioenses as su}mitted and as on file in the Lioense C1erk's Office. Seconded by Councilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23 . �1IMS I�JTION by Councilman Barnette to auth'orize payment of Claims No. 5377 throucj� 5577. Sewnded by Cotmcilroan Fitzpatrick. Upon a voice vote, all voting aye, l�hyor Nee declared the motian wrried unan}mously. 2�. ESTIMATF.S IrDTD�N by ��cilman Fitzpatrick to apprwe the estimates as su�mitted: Herrick & N�aman, P. A. 6279 University Avenue N. E. Fridley, M�i 55432 For Legal Servives Rendered as Ci.ty Attorr�ey for Nbnth � October, 1985 $ 5,612.86 -31- r� ��_ 1 ��i � •- y� �+ �: �1• Albred�t Irrigation 1408 West Co�ty Road C Roseville, M�T 55113 FINAL ESTINg1TE D. H. Slattryer & Srns, Inc. Q�e South Wabasha Navy Isl and St. I�ul, NN 55107 Partial Estimates No. 4 Moore Laske Restor. Proj. Phase II Hickok & Associates 545 Indian I�iotmd Wayzata, MJ 55391 Prof. Servioes thru Oct. 31, 1985 Moore Lake Restor. Proj. Phase II Concrete Curb Company 771 Ladybi rd Larye Burnsville, M�I 55337 Partial Estimate No. 6 1985 Mi sc. Gbncrete C�.irb & Gutter Proj ect $ 1,233.20 $107,445.00 $ 1,370,72 $ 1,862.00 Seoonded b� Co�cilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motian carried unanimously. • � • ' � M�TION by Councilman Goodspeed to adjourn the meeting. Seconded by Co�cilman Schneider. Upon a vaioe vote, all voting aye, I�yor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council adjourryed at 1:40 a.m. Respectfully sutmitted, Carale Haddad, Secretary to the Ci ty Gbt.�cil Apprwed: -32- Willian J. Nee, Mayor PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given of the City of Fridley on Monday, December 2, of: that there will be a Public Hearing of the City Council in the City Hall at 6431 University Avenue Northeast 1985in the Council Chamber at 7:30 p.m. for the purpose Consideration of a Final Plat, P.S. #85-06, Riverwood Park, by Charles S. Cook, being a replat of all of Lots 27, 28, 29 and 30, Revised Auditor's Subdivision No. 77, except Blocks 1 and 2 platted as Riverwood Manor, and except that 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 the Southeast corner thereof (said Southeast corner being in the centerline of East River Road) thence North at right angles from said South line to its intersection with the North line of said Lot 28 and there terminating. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: November 18, 1985 November 25, 1985 , 1 PLANNING COM�SS_ION ME_ETIN6, NOVEMBER 6, 1985 5. PROV�E 11 SOUND INSUZ.a1TED CH1lMBER iL�R JIIR COJyPRESSOR PRIOR TO PAGE 6 6. PROVIDE SITE Il�ROVEMENT PERFORIiANCE BOND IN TAE /WOUNT OF S5,000 P OR TO ISSUANCE OF BUILDIN6 PFRYIT. 7. EXPANSIQN TffE PROPOSED BUSINESS ZNCLIIDING THE ADDITION OF JI PRINTING PRE OR BUILDING J�DDITIONS WILL REQUIRE A SPECIAL USE PERJNIT REVIEW. B. EMPLOYEE PARKIN NEEDS SHOULD NOT EXCEED 8 STALLS 11T 1WY ONE TIME, UNLE'SS ADDITIONAL ARKING IS NADE AVAILABLE. 9. THIS SPECIAL USE P IT FOR TNE PROPOSED BUSINESS QNLY. Ms. Schnabel stated she was wi ing to support the motion reqardinq sti�ulati�n �2 that the petitioner would pur ase the additional propertv� based on the premise that tf�e purcf�ase was init ted by the City in order to brinq the property up to code and was not init'ated by the petitioner. UPON A VOICE VOTE, ALL [�OTING AYE, CHAI CARRIED UNA!�'IMOUSLY. Ms. 5chnabel stated this iteri would go to C AN SCHNABEL DECLARF.D TNF MOTI(�N Council on Nov. 18. MOTION BY 1NS. GABEL, SECQNDED BY PlR. SABA, TO OliMEND TXAT CITY STAFF I�OUY. INTO TFIE POSSIBILITY OF CLOSINC THE SLIP—OFF FROM. NIVEP.I.STY TO 3RD STREET, h'iiAT TKE COSTS WDULD BE AND NOW THOSE COSTS WOULb BORNE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWONAN SCHNABEL�ECLARED THE MOTION CARRIED UNANIHOUSLY. 2. PUBLIC HEARI��G: CONSIDERATIO�� OF A PRELIt1INARY PLAT, P.S. #�85-06, RIVERW0�0 ,.... ►�nR OT l.fiHKLtJ S, I.UUK: Being a replat of a of Lots 27, 28, 29, and 30, Revised Auditor's Sub- division No. 77, except Blocks l and 2 platted as Riverwood Manor, and except that part of said Lot 28 lying Easterly of the 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 beinq in the centerline of East River Road) thence North at right angles fror� said South line to its intersection with the North line of said Lot 28 and there terminating. M�'!70N BY MR. OQ(�ZST„ SECONDED BY I�1R. PIINTION, TO OPEN TNE PIiBLIC XF.ARItIG. UPON A VOICE VOTE, ALL VOTIHG JIYE� CHAIRWt�MAN SCHNABEL DECLARED TYF. PUBLIC XEARING �PEN AT 8:?5 P.lJ. Mr. Robinson stated this proposed plat was west of East River Road and north of 71st and south of 11� Way. It was bounded by all single family homes and was the site of tf�e old Riverwood Elementar,v School. The entire oro�ertv was zoned public, excent Lots 1 and 2, Block 3. With the re�lat, zoninq to R-1 would be automatic. 1A 1� � � 1B PLANNING CON�IISSIOW MEETING, NOVEMBER 6. 1985 PAGE 7 Mr. Robinson stated the plat called for the division into three separate b1 ocks . Bl ock 1, 2, and 3 for a total of 31 sinql e far�i ly 1 ots, al 1 the proposed lots are of adequate size and area pe� code, with areas ranging from 9,000 sq. ft. to 17,000 sq. ft. All lots were 75 ft. wide at the setback area. The developers were in the process of filing petitions with the City for Lhe construction of a new street called Riverwood Drive and to install sewer and water. Mr. Robinson stated Tlst Wa.v and 71� Wav will remain as is, except for the existing cul de sac on 71�� Way which will be removed 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 pro�erty was labeled "exception" at 7136 East River Road. Presently this property has drivewav access off East River Road, Yitfi tfie plat initially, ti�ere was no provision for access onto the ner� road. Tf�e City was requesting that an outlot be platted to give this property a 25 ft. parcel for access to the proposed road. In addition to that. tf�e owner of tF�is cropertv is reouesting sanitary sewer be provided from the new sewer line to his property as he was presently utilizing the sanitary sewer syste�n. The City would also have to have a drainage easec�ent wl►ich would be part of the outlot. Mr. Robinson stated these thinqs 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 Qarticular lot has access off the existing cul de sac. When the new road goes in, the cul de sac portion of 71�� Way will be removed and sodded and that lot will have access off the new road. That lot was quite large at 2E,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 agreenent that sanitary sewer be provided to 7136 East River Road, neither of the property owners wanted to be part. of this plat. Mr. Robinson sta ted the City was recomnendinq the following stipulations: 1, Provide a 15 ft. uti)fty easement over Outlot A to be qrante�i to exception area. (7136 East River Road) 2. Provide a street and bikeway/walkway easement over the easterly 25 feet of the �lat. 3. Work with Engineering to develop a storm drainage plan. Mr. Charles Cook stated he wanted to �oint out that the School Otstrict 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 camwnitv to return the site back to residential use. Mr. Don Weeding, 7153 Riverview Terrace, stated he served on the School Board corm�ittee that looked at the school's disposition of this property. The Cormittee did recormend to the School Board that the property be returned to residentiat use. After looking at various pronosals and public hearinqs, 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 develoDer has pr000sed and he was in favor of the plat. 1C PLANNING CONaIISSION MEETING, NOVEMBER 6. 1985 PAGE 8 Ms. Schnabel stated she would like to comnend the developer and citv staff • and all the people in tfie neighborhood r�fio have worked on this together. A lot of time and effort has gone into t�is and� hooefully, tt has created a good feeling among the neighborhood. Mr. Kondrick stated there is going to be a problem on 71st Nith the traffic, but there really wasn't much that can be done about it. He was in favor of this development. MOTION BY NlR. KONDRICK, SECQNDED BY KR. SABA, TO CIASF THE PUBLIC NF.ARING. UPON A VDICE VOTE, ALL VOTINC AYE, CHA_TRWOMAN SCHNABEL DF.CLARED TXE PUALIC L�ARING CIASED AT 9:47 P.�, MOTIA'V BY /NR. KONDRICK, SECONDED BY MR. NINTON, TO RECOMMEND TO CZTY COf�NCIL APPROVAL OF PRELIM.INARY PLAT, P.S. M85-06, RIVERWt70D PARK� BY C1iARLES S. COOK, BEING A REPLAT OP ALL OF IATS 27, 28, 29 AND 30, REVISED AUDITOR'S SUBDIVISION NO. 77, EXCEPT BLOCKS 1 AND ? PLATTED AS RIVERWOOD XANOR, AND EXFPT THAT PART OF SAID LOT 28 LYING EASTERLY OF TNE FbLLOWING DESCRIBED LINEs BEGINNING AT A POINT ON TffE SOUTH LINE OF SAID LOT ?B DI.STJ4K'T 325.64 FEET WEST OF THF SOUTXEAS^' CORNER TXERFOF (SAID SOUTHEAST CORNER BEING IN TXE CENTERLINF OF EAST RiVER RQADJ THENCE NORTX AT RIGHT ANGLES FROM SAID SOUTX LINE TO ITS INTERSBCT701� WITH TXE NORTX LINE OF SAID LOT ?8 AND Tl1ERE TERI�lINATING, WITX TflE FOLLOk►ING STIPULATIONS: 1. PROVIDE A 25 FT. UTILITY EASENENT OVER OUTZ�OT A TO BE GRANTED • TO EXCEP:"ION AREA. 2. PROVIDE A STREET AJCD BIKEWAY/WALKWAY EASEXENT OVER TNF. EA°:^ERLY 25 FEET OF TF,fE PLAT. 3. WORK WITH ENCINEERING TO DEVELOP A STORIN DRAINAGF. PLAN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWt�MAN SCHNABEL DECLARED TXF. MOTION CARRIED UNANIM�OUSLY. Ms. Schnabel stated this item would go to City Council on Dec. 2. 3. REVIEW OF SP�AL USE PERMIT, SP �78-13, BY MINNESOTA PETR�LEUM: Mr. Robinson state this particular business was located east of University, and north of 53rd, � t north of the Amoco Station. A little historv on this particular business: is business received a special use permit on Dec. 18, 1978, fror� tf�e City Coun '1, to operate a fuel pump refurbishinq business. The zoninq was C-2, genera usiness, and the special use permit was for a business consistent with that ning. Recently there was a fire at the business and Bob Aldrich, Fridl Fire Chief, noted there was haxardous waste stored above ground in 55 gal. dr , primarily polyester resins which he classified as having relatively seve fire hazard classification. Mr. Robinson stated Staff was asked to 1 k into this situation� did so, and res ponded to Mr. Steve Hanson, owner of th usiness, on Aug. 19. 1985 (letter tn agenda). 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I � i ii i� -� I � �� " � ! � i .� 1 ��' � / --�--_ i -_ /T ' � ~� - � � — i "� a � � •' J = � � �� ! � a N � .: ��-- �� a .,, � - � :� � � � � -- ,` `/ _ � « e � s ' -�-�� _1 � � � � �. ',� � t � • , A s I , I � e ,,: �J - i - � I � ! I / �� 1 O �11 I� � I . I , _ , � I � �� - /' i ~ � � f � . � • ••` � � ( � � V V ` � ~ I ;` � F�'�� r � � � `��3'j�t I �` i. � � � I I� . � --� �3�1/li�i31 u►3ina�nid � _J . _ . --. ..�,_ . .. . 90-58# 'S'd �Z CHARLES COOK 1 G P.S.#85-06 PUBLIC HEARDVC BEFORE THE FRIDLEY CITY COUHCIL To Yhom It Flay Concera: Pursuant Lo the Citq of Fridley Cable Television Franchfse Ordinance, Section 405.13� Subdivision 4, notice is hereby given Lhat there will be a public hearing before the Cfty Council of Lhe City of Fridley in the Council Chamber of the Ci ty Hall at 6431 University Avenue Northeaast on Honday, NovemDer 18� � 985 at 7:30 p. m. to consider the following matter: TRAI`SFER OF CONTROL OF STORER 00l�41[tNICATIONS, �iCORPORATED TO SCZ HOLDINGS, INC. The Transfer of Control trould be accomplished by the merger of SCI Merger Corp.� a subsidiary of SCI Holdings, Inc., into Storer Communications, Incorporated. Both SCI Holdings, Inc. and SCI Merger Corp. are newly formed corporattons organized by Kohlberg Kravis Roberts and Co. Upon consumation of the merger� Storer Communications� Incorporated xill be the surviving corporation and be owned by SCI Iioldiags, Inc. SCI Holdings, Inc. is controlled Dy KKR Associates. Al1 interested persons are invited Lo attend the hearing and offer comments on the proposed Transfer of Control. HAYOR WILLIAM J. NEE CITY OF FRIDLEY Publish: October 28� 1985 November 4, 1985 � 2A MEMO T0: Nasim Qureshi, t�ty Manager t�MO FROM:� Cly e Moravetz, Cable Coordinator 1�M0 DATE: October 18, 1985 RF�ARDING: Public Hearing in the Matter of Transfer of Control of Storer Communications, Incorporated to RKR Associates (SCI Holdings, Inc. ) The Cable Television Commission at their meeting of October 17, 1985 suggested that the City Council schedule a public hearing for the above mentioned transfer of control. The Council and Cable Commission has previously received the folloWir.g correspondences: Septe�ber 12, 1985 September 13� 1985 September 27� 1985 Letter to Mayor Nee from Ron Abra�s� representing Storer, requesting approva.l of the transfer of control. Memo from �rself discussing various options available to the City. Letter from Gary Matz� City Legal Council, to Ronald Abrams requesting twelve additional items needed by the City in order to consider the transfer request. Our attorney�s office is noW in receipt of the materiFl relating to the twelve items in the September 27, 1985 letter. I will receive the packet of materio.l today and Will be revie�wing the documents xith Gary Matz over the next severol days. Ronald Abrams informed me and the Cable Commission of Storer's target date of December 15, 1985 for closing on the proFiosed transfer. If the City is to accommodate this 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, 1g85 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 Dece�ber 15, 1985. I will keep you informed on aqy further developments xhen they occur. CM/dm Ar' 85-330 ORDINANCB N0. A� ORDINANCB RECODIFYING THS FRIDLEi( CITY CODE BY AMENDING CHAPTER 603 ENTITLED "INTOgICATING LZQIIOR" SSCTI011 603.22(3) WINE LICENSE THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOMiS: 603•22 WINE LICENSS 3. No wine license ahall be issued to anq 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 > >985 WILLIAM J. NEE - MAYOR ATTEST: RICHARD D. PRIBYL - ACTING CITY CLERR First Reading: November 18, 1985 Second Reading: Publication: � _4 RFSCLLr!'ION N0. —1985 RESOLUTION RELATING TO �E APPRCNAL OF A MJLTIFAMILY HCUSIIUG PROGRAM UrIDER MIHI�.�TA SrATtli'ES, QiAPrIIt 462C FOR �lE QJiA1S�i[JCTION OF A MILTIfAIrffLY Hi�SING PRGU£Cr BY TIiE FRIDLEY PLAZA ASSOCIATES LIMITED PARTNERSHIP, AND AUZHORIZIl� �IE SALE OF HQJS7NG RE.VIIVUE B(NL� WHPRFAS, the Legislature o� the State of Minnesota has authorized any city, including the City af Fridley (the "City') , to plan, ad�ninister and make or purchase loans to finanve multifanily housing developnents after adoption of a housing plan pursuant to Minnesota Statutes, Chapter 462C (the "Act"); and Wf�RFAS, the tenn '�nultifamily tnusing developnent" is def ined by the Act to include an apartrnent facility, cooperative or group of tawnhouses which inclucie four or more c�aelling units, each to be rented or sold to or occupied by a person or family as a residence, including new construction or the rehabilitation of an existing building site; and WHIItFAS, the term "housing plan" is defined by the Act to mean a plan for an i ndiv idual ci ty whi ch sets f or th the i nf ormati on requi red by Se ct i on 46 2C . 0 3 � tr�e Act, including a housing program; and WHIItEAS, the City adopted a Housing Plan on October 7, 1985; and WHEREAS, The City has received an application from the Fridley Plaza Associates Limited Partnership (the "Developer") requesting that the City finanoe the o�nstruction of approximately 234 units of rental housing to be kno�wn as the Fridley Plaza Apartments (the "Project") on property generally located on Lot 1, elock 1, Slyvan Hills Plat 6 and Lot 1, Block l, S�lvan Hills Plat 7, Fridley, Minnesota, in an a¢nount rot to exceed thirteen million cbllars ($13,000,000) ; and WHII�FAS, at la3st twenty peroent (208) of the �its in the Project are to be occupied by individuals whose incomes are not greater than eighty percent (80$) of the area median invome, pursuant to the Act; and WHEREAS, the Project will be located within a Redevelopment Project, as def ired in Minnesota Statutes, Chapter 273.73, S1�bdivision 11; NQnI, �iF1tEFURE, BE FT RESQ,VED BY Ti3E QTY 47UNQL ��iE CITY OF F'RIDLEY AS Ft�I�LQ�IS: • " 1. �at the Multifamily Housing Program under Minnesota Statutes, Chapter 462C, for the a�nstruction of a multifamily housing project to be Imawn as the Fridley Plaza Apartments and to be mnstructed by the Fridley Plaza Associates Limited Partnership, is hereby appraved. 2. �at the Gity intends to issue ore or more series of Housing Revenue Bonds in an amount not to exceed thirteen million dollars ($13,000,000) to finanoe the aa3uisition and �nstruction of the Fridley Plaza Ap3rtinent Project in the City in the event that the City, the Developer and the purchasers of su� revenue bo� agree on the terms of the sale, purchase and security af the Housing Revenue Bonds. 4A i�ge 2 Resolution No. -1985 3. �at the Housing Revenue Bonds to be issued by the City to finance the Project shall not oonstitute a charge, lien or encu¢nbrance, legal or equitable, u�pon arty 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 s�lely fram the revenues received f ran the Fridley Plaza Apartment Project and property pledged to the gayment thereof, and shall rot cvnstitute a debt o� the C�ty. 4. �e la�r firn� a� 0'onnnor and Hannan is authorized to act as bond counsel and to assist in the pceparation and revi�r o� doc�m►ents neoessary for the issuanoe by the City of boncts issued under the Act pr�suant to the housing pl an. PASSm AND ALnPrID BY Z�IE QTY 4'XINCIL OF T�IE QTY OF fRIILEY ZI�IS �AY OF , 1985 . WII�L IAM J . NEE ATI�'.ST: RIQ-IARD D. Pl�IB�,, ACTIIJG QTY CZIIUC CITY OF FRIOLEY /' 5 Jt� /`� v � APPCALS COI�CIISSIOt� MEETING. NOVQIBER 12, 1985 �� . . _ . . .- .� .- .......�� ...- ...� ...� . � .�.�.�.� . . CALL TQ ORUER: Chairperson rabel called the November 12. 1985, A!+�eals Caemisston meeting to order at 7:32 p.m. ROLL CAII: Mer�bers Prese� t: Pat Ga6e1, Jean �erou, Donald Betzold tle�ibers Absent: Alex Barna, Jim Plemel Otl�ers Present: �tari; Burch, Assistant Public Works Director Donn ttootv, St�lmark, Lnc, Dave Brink, StylriarF,. Inc. David Winterstan� G661 'tain St. 1�.E. Gary, Jill. L Carri Marlow, 6525 tlain St, N1E. APPROVAL OF OCTOQER 29, 19t35, APPEALS COMr1I5SItNi �1I�iUTES; MOTI(1N bv tls. Gerou, seconded bv t1r. Betzold. to an�rove the Oct. 29. 1985, pA-neaT's Cocmission minutes as written. � Urx�n a voice vote, a11 votinq aye, Chairperson �,abel declared the rrotion carried unanirmusly. � � �� . . . � � ' 1 1 • �1 ' 1 • � :� 1• � •1 1 • • / � 1 1 1 : 1 '1 1 1 ' 'II 1 � ' :1 [��c��n��r�Ti��r��r�i��i��c��;��c�it��:��ni :��u ��• J11�4.L� I��V• ri e;�, n. ., o v; �53� 1ai n�tree- -t �i. E. , MOTI�N bv Ns. �erou. seconded b,� Mr. Betzold� to o�en the public i�earfn�. U�on a voice vote. all votin� aye, Chairoersnn �abel declared the nuhlic hearinq o4en at 1:33 p.m. Chairperson fabel read the Adr�inistrative Staff Renort: ADMI��ISTRATIVE STAFF REPORT 6536 tlain Street N. E. A. PUBLIC PUP.POSE SERVED BY f:E�1UIRQ1EtlT: Sectio� 205.17.3D.4a requires that whenever any industrial district is adjacent to or adjoins anv other district, �ernitted b��il�finas and uses, exce�t autor�obile �arking and loading spaces, drivewavs, essential 5A APPEAtS COtY�ISSIi1fl t1EETittG, HOVEMBER 12� 1985 pAr,6 _2 services, ��alks and plantina snaces shall not be closer to a street right-of-way line abutting a residential district than 100 feet. Public �urpose se�ved by this requirenent is to provide adequate open space around comaercial structures for aesthetic and development reasons. B. STATED HARDSHIP: "To conform to existing bu;ldinq configuratdon° C. AtN1INISTRATIVE STAFF REVIEI�: Stylr�ark, then Designware, was granted a variance in August uf 1973 to construct an office addition with a front yard setback of 41,9 feet. ThP warehouse addition no�+ proposed to the nnrth will be 82 feet fror� the front property line. The Staff has no stipulations to suqgest if the Board recore�ends an�roval of th.is request. ;1r. Burch showed the Corr�issioners an aerial photo of the �ro�erty and a diagran that showed the nroposed additionand par�inn. � 'tr. Oavid Brink, Presi�ient of Stylmark, ex�lained the nroposed additi�n. }le stated tl�ey had hired a consultant to look at their work flow and suqnest what kind of square footage was nee�ed to supplement the work load the�� ha��e toclav. Throuqh that requirement, tliey car+e u� with the 16,000 sq. ft. pronose�l ��idition. He stated the addition �rould be construtted so it would brinq the buildin� more in line ►�ith the front of the existing buildinq. He stated �rhen thev constructed tl�e office building in 1973, the buildinn was built with the adantabilit�� for another addition. One reaso� for the variance ►�as to bring the buil�inq away fr�ri tlie �ack road�iav for safety reasons an�f to qive tfien r�orP room for access an�i for loading and unloading. �is. Gabel stated the buildin!� could have been laid out differently so a variance would not have been needed. '1r. Brink stated that because of the normal traffic flow and r�ateri�l flo�� for their manufacturing, any other confiquration would not have been loqic�l. Mr. Gary 'larl ow, 6525 t!ai n St. , stated he 1 ived di rectl v across fr� St��lnark. He stated SLvlriark was nrobably one of the best kept factories in the Cit�� o' Fridle��. Ne had no objectio,n whatsoever with the construction of the additi�n, but was just concerned that, because of Jay Park, that the larger constructi�n vel�icles be keot to the back side. t1r. Bri nk stated that �voul d be no probl �, an�f there woul d be ver�� 1 i ttl e heavy eaui �ent. 56 APPEAL � CO'41ISSI0�� t1EETI��, tJOVE"1BER 12, 1985 � PA�E 3 14r. David IJinterstan, 6661 11ain St., also stated that F+e had no objection to the construction of the addition. Stylmark Was a very qoo�i neiqhbor. Ms. Gabel stated that a more accurate description of the f�ardship was really because of the flow for the manufacturing orocess. MOTIU�� by Mr. Betzold, seconded by Ms. Gerou, to close the public heartng. Upon a voice vote, all voting a�e, Chair�ersan �abel detlared the oublic hearinq closed at 1:50 �.r�. Mr. Betzold stated this ►vas the first time since he had been on the Cornission that residential neiahbors came to a rieetinq to co�nlimen*_ the b��siness. I�e stated tl�at was a rarity and it spol:e ��ell of Stvinark, Because of the orevious variance being granted in 1973, he felt this ki�d of c�r�itted them to qrant tliis variance. In order to make the use of the buildin� for what it was intended and keep the manufacturing process goinq, thev need tl�e variance. He felt it was questionable �af�etber the first variance should have been arante�i, but that ti��as not the issue I�ere. So, because of the �recedent that was set on this particular lot, fie �•ioutci be in favor of grantin� the variance. Ns, r,erou agreed �rith Mr, Betzold. She stated she was in favor of the variance. �1s. Gabel stated she agreed witl� what t1r, Betzolci had state�l abc►ut the fact th�t it was questionahle about the granting of the first variance. but the Cor�xnission was locked into that noa�. Cansiderin� the fact that St��lm�rl; h�s done a ve►-v good job of being neiqhbors and the people do not object at all to the addition, she would be in favor of grantin�t the varia�ce. :1r. Betz�ld stated it was l�is understandin� that iRndsca�in� and oaintin� of the building were already in the building perr.�it and did not need�to be ad�iressed as stipuiations of this variance. �1r, Burcl� stated that was correct. "10TIOtd bv i4r, Betzold, seconded by 'ts. �erou, to reconnend to Cit�� Council ap�roval of a var�ance re�uest pursuant to Chapter 205 of the Fridlev Cit� Co�ie to reduce the reauired setback for a buildinq to a street ri�ht of ��v line, when abutting a residential district, fro� 100 feet to 82 feet t� a11oti� the construction of an a�idition to the front of the buildin�l on Lots 2-10, Block G, Rice Creek P1aZa South Addition, the sarne being 6536 'lain Street t�.E. Upon a voice vote, all voting a�e, Chairverson Gabel declared the �tion carried unanimouslv. t�s. Gabel stated this ite� would go to City Council on Dec, 2. - - w - -.�r. � JC' ' � `�1 '�• — 1 � � ; .,.-= , — ' '•�• \�% �' i � . ��• w' f T , � � i ., ; . 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' 1 � ► /10 :� :... . _ _� ' _.i,�s�ii•� G_�� r. _ : o�,w rc �: c 9e o .� •�� r'�.; � .. � �� ; r ._ _..._. ; i 0 -- --• --- ►-- • - --- -- - - • �--- -_ ---•• _. �, ;4 ., ---'t � � ' � _.. _ _ I . ' t . a . L •_ . a.._.__ IIO' _ � � ...a._r �...s..� _ � ��', � �`-_.. . � ._- —!� S R /�.1 �. _.�-�/ . � • / , f �. . . ..� � ' ; ! �l1 � , „I � �r � �D.••t � %� � 04�Y� _ , ( �, . � • ' (��'� � � . r-- ------ � — �R t y — � : . %` + . � : ; ' . . �. ; � / � . � i � �� ( ' � • � • T Pi��t.c NG. ' l r'� j�/.!S' / , � ' � t 1 t C- � � : _. _ �� • r 1 i � . , .� L i :r'" �._.rL.�_ . � � _ _� ; � � . 2 � _.... •�� . .,� , i . ~ � , • i �, > � , �, � . , . . . � . . � r� ` ; '�e/Crw� \ �•\ �\ � , ` � �.� . .• •�` . � � � `! � 1! � �_:_L_�..._. _ �.��_ 1-. 1' ��_ ; � O � � . Z � � • � � ; .� � � ,• � � • � i • � � � � - �.. i..:S �. - • � � � . • , �• i , . �� . . t r f � -� - - � sY'--•--• t _�� 1 . � ----- � � � __ . ----- -�i �.__ L . ._ . _ A�(/�S-lsU�-P� f.._ . 4 3T#EE�----- ----- --- -------- : - 0 5D � /� /• MEMORANDUM GRY OF FA1�7�.EY i431 UNIVERSfTY AVE. NE. iAIOLE�/. MN. 6643t [51�7 dT'1-34a0 IIA'I'E : NOVF1►'BIIt 27 , 1985 OFFICE OF TM�IE GITY MANAGEA I�'END �: THE 8CN(�BLE 1��R AND QTY Q�NCIL FROM: CITY I�NAGFR NASIM M. CiURESNI SUBJECT: �I�LIAN� WITH �iE PROVISIONS G� THE FEIF�RAL FAIR LABQR STAN�F2�6 A�CT (F'LSA) On Novenber 13, 1985, the President of the United States signed legislatian aQnending the Fair Labor Standards Act (FLSA) of 1938 and modifying the impact o� the F�ebruary 19, 1985, decision of the Supreme Court of the United States. Among other things the mandatory implementation date for cities to oomply with the wage and hour prwisions of the FLSA has been advanaed to April 15, 1986. �e City had been pcepared to implea�t the FI.SA retroactively to April 15, 1985 but this will m langer be rnoessary. Hawever, I ao reoommend that the wmpensation for paid-on-call firefic�ters be adjusted at this time to bring it irito oomplianoe with the eventual requirements of the law. F�id ori-call fire�ic�ters are oonpensated quite differently from other city enployees. Up to row ti�ey have been paid at different rates for calls, drills, and sleeFrin time; they are paid quarterly instead of bi-weekly; and they do rnt reoeive adjustments at the beginning of each year. Given the publicity about the extension of the FLSA, and given the fact that paid-on-call firefighters will be paid for the last quarter o� 1985 in Januacy of 1986, it would seesn appropriate to adjust the oompensa ti an f or calls, drill s, and sl ee�in time to a nar e uni f orm rate based on the minimun wage effective October l, 1985. We estimate the aost af this adj ustsnent to be about $2,100. For all other city enployees I reo�mmend that the wage and hour prwisians of the FLSA be implenented effective January 1, 1986. The additional anoiait of maney iirvolved for early implenentation will be offset to a large extent by the a�nvenienoe to the a000�nting division. Zhey will have to make only one change at the beginning of the year, and reor�rd keeping will be easier with the same procedure throughout the entire calendar year. Most af the expense of complying with the wage and hour provisions of the FLSA irYVOlve �ion emplayees, and, most likely, u�.ions will attempt to have any favorable aspects of the FLSA inoarporated into o�ntracts retroactive to January 1, 1986. A January 1 implenentation date would simplify things all around, especially given the fact that the r�w aaen3nents a�nsiderahl.y rec3uce the adjustment in wages that will be r�eaessary. � 1�Q/mb 15/3 � I�SCLUI'I�i N0. - 19ffi Rf'SCLiit'IQV AU�CaEtIZII� ZHE QTY MANAC�'�:R 'IO E�EPD PUI�D6 TO BRIAl6 � QTY OF FRIDLEY II�l'!O �'�LI1�1N� WI78 � f�EIERAL FAIIt LABOR SZ`AI�IDAT�S A�T OF 1938 Wf�REAS, on F�ebruary 19, 1985, the Supreme Court of the United States in the case of Garcia v. San Antonio M�micipal Transit Authority held that the wage and hour pravisions of the Fec3eral Fair Labor Standards Act (FLSA) of 1938 apgl.y to local �its of goverrment; and WE�REAS, on April 15, 1985, the Suprene Court of the United States denied a petition for rehearing of the above mentioried case; and wHEREAS, local units of government are now required to comply with the pravisions of the F+ederal Fair Labor Standards Act (FLSA) of 1938; ana WI�REAS, on November 13, 1985, the President of the United States signed legislation amending the FLSA and extending the date of implementation to April 15, 1986; and NGW� �REFORE, BE IT RESCGVED by the City Council of the Gity of Fridley that the wage and hour pravisions of the FLSA as amended be put into ef fect f or �id-orrcall firefighters effective October 1, 1985, and for all other city emglayees effective Januazy l, 1986; and BE IT FUi�R RFSQ,VED that the Gity O�uncil of the City of Fridley authorize the City Man�ager to dispurse the monies required to adjust the oanpensation of �id-orrcall firefighters for the period of time fran October 1, 1985, through Deae�nk�er 31, 1985. PASSED AAID ADOFI�D BY � QTY �[7NC1I, �' � CITY OF FRIDI�EY �IS nAY OF , 1985. WII�LIAM J. I�E - I�1YOR ATIEST: RIQ3ARD D. PR7BYL - A�,TING QTY Q�ERR 3/7/],/1 6A 7 « ., �� ME MORANDOIY! 'i�0: NASIM M. 4UI�FSHI� QTY MANAC'ER FitG�'i: RIQ3ARD D. PRIBYI,� ALTIl� FINANCE DIRECi�OR STJBJECT: PRELIMIlVARY APPl�WAL F�OR SALE �' PCC�,I� PENSIQN BCrID6 I�E : NOVEl4BCR 26 , 1985 Attached is a preliminary resol�tion that should be passed by the Gity O�uncil so the sale of pension bonds might be allowed to be grandfathered in at scme point in time ryext year. In talking to Mr. Jim Casserly, it was also detetmined that p�ssibly the pension bor�ds th�nselves might be illegal. If the possibility exists for the issuanoe of the bonds, this would allow us to so do as we could escape through a window. If you have ariy additional questions regarding this information, please feel free to ask. RDP:sh Attachment 3/0/2,/8 RESCLUTION N0. - 1985 RESCLI�ION GIVING PRELIMIldARY APPRWAL TO �lE ISS[JANCE OF BONDS PURSUANT TO MINNESOTA SESSION LAWS, �APTER 1, SFECIAL �SSION 14, ARTICLE 8, SECTION 49, SALE OF BONDS F�OR � PC�I� 1£NSION ASSOQATmN Wi�R�AS, the City o� Fridley (the "City") has a pension association for its Police Department employees (the "Association") pursuant to Minnesota Statutes, C2�apter 356, as aar�ended; and WI�REAS, the City has current and future unfunded liability for deposits to the Association; and wF�REAS, the Legislature af the State of Minnesota has determined that the City may issue borx7s for the purpose of funding all or part of the City's current and future imf�ded liability for the Association by purchasing one or more insuranoe p�licies or annuity oontracts to pay all or a specified part o� the liability within the period required by La�v; and Wf�REAS, the Legislature has oodified the determination in Minnesota Session La�vs, C�apter 1, Special Session 14, Article 8, Section 49 (the "Statute"�= and WHEREAS, Miller and Schroeder Financial, Inc. (°M&S") has indicated its willi.nc�ess to assist the City in the issuanoe of the referenoed bor�ds; and WI�REAS, t.he City has deteIInir�ed that it is within its best interest to issue bonds pursuant to the Statute and to use the prooeeds to purchase one or more insurance policies or annuity contracts to pay all or a portion of its �u�f unded 1 iabil ity for the Association. NC�n1, �iEREF�ORE, � IT RES�,VED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY �iAT: 1. �e City gives preliminary appraval to the issuanoe of bonds pursuant to the Statute for the purpose o�f purchasing or�e or more insurance policies of annuity o�ntracts to gay all or a portion o� its unf�mded liability for the Association. " 2. 7he boryds shall be issued in acoordanoe with all the teuns and conditions of Minnesota Statutes, Chapter 475, as aanended. 3. The brokerage firm of Miller & Schroeder Financial, Inc. is hereby emplayed to act as underwriter to tt�e City in oonnection with the issuanoe a�f the referenoed bonds. PASSED AI�ID ADOPI'ED BY �IE QTY �UIV� OF `� QTY OF FRIDLEY �4iIS DAY OF , 1985. WILLIAM J. I�E - MAYI�R AT.�ST: RIQIARD D. PRIB7�,, ALTIlVG QTY CI,ERR 7A � CITY OF FRIDLEY MEMO T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: RICHARO D. PRIBYL, ACTING FINANCE DIRECTOR/CITY CLERK SUBJECT: RESOLUTION SPLITTING SPECIAL ASSESSMENTS FOR THE DECEMBER 2, 1985 AGENDA , DATE: NOVEMBER 22, 1985 The property concerned in the attached resolution has been previously dealt with by the City Council. We are presenting this resolution to the Council to comply with the legal require- ments regarding the splitting of special assessments on this property. This division has been recorded at Anoka County. Division of special assessments on Parcel 1401, part of SW; of NEa of Section 3 A map showing this division is attached. RDP ps Att. RESOLUTION N0. — 1985 A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF SW; OF NE4 OF SECTION 3, PARCEL 1401 WNEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided, NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcel, to-wit: part of SW; of NE; of Section 3, Parcel 1401, may and shall be apportioned and divided as follows: Original Parcel Part of SW', of NE; of Section 3, Parcel 1401 (Pin No. 03 30 24 13 0012) � Division of Parcel S. 844 Ft. of part of SW; of NE; of Section 3 (Pin No. 03 30 24 13 0014) Part of SW; of NE; of Section 3 (Pin No. 03 30 24 13 0015) Fund Regular SA W �i 34 1964 Serv. Conn. SW �Y102 (W. Lat. ) SW #102 (S.Lat.) SS �1102 Reassmt. of SS N102 SW&SS N130 ST. 1980-2 Fund Regular SA W #34 SW #102 (W.Lat.) SW #102 (S.Lat.) SS �102 Reassmt. of SS N102 SW&SS �Y130 ST. 1980-2 Regular SA W #34 1964 Serv. Conn. SW �102 (W.Lat.) SW #102 (S.Lat.) SS #�102 Original Amount Paid Paid Paid � 19,301.28 24,240.60 5,536.84 6,344.36 15,693.21 26,637.66 �T,�'3 . 95 Original Amount Paid Paid E 13,644.63 5,065.20 1,494.95 6 , 344. 36 15,693.21 26,637.66 Paid Paid Paid � 5,656.65 19,175.40 4,041.89 �3T, 5 . ADOPTED BY THE CITY COUNCIL Of THE CITY OF FRIDLEY THIS DAY OF ATTEST: , 1985. ACTING CITY CLERK Richard D. Pribyl YOR � iam J. ee 8A h �,�ii.� � ,.+r wr�; y (d %.r� --- : _J /i•.!7 ' _ �� C��'\ � `a�, � r�� ;� 1 v� �� i � ��L UIVISION OF PARCEL �� {�in No. 03 30 24 13 0015 � i� . Y 'D �/ N Pin No. 03 30 24 13 0014 ,.•.,.. .� , cta rc� �[C J t � L I � ORIGINAL PARCEL Pin No. 03 30 24 13 0012 ,;,:,, .. 8B � � � �� I. f � 1 I � � i «, ' I� r� i,.. . �t T ��; i 1'I; _ FOR CONCURRENCE BY THE CITY COUNCIL -' ESTIMATES � Z � �E�BF�t 2, 1985 � Concrete (�rb Caapariy � � 771 Ladybird Lare Burnsville, 1rN 55337 FIl�AL FSTII�►TE . . . . . . . . . . . . . . . $ 1,699.53 . 1985 Misc. Concrete C�rb, t�tter & Sidewalk 1 STIMATE WOFik;SHEET FOR: 198� MISCELLANEOUS CONCRETE CURB, 6UTTER aND SIDEWALK F'ROJECT ITY OF FFiIDLEY N6INEERING DEFAkTMEidT 4�1 UNI'JEkSITY A'JENUE N.E. RIDLEY, MN. JJ�I.Ji EaTIMHTE N0. DATE: �l DECEM6EF; �, 1985 CONCRETE CUk9 COMfANY 771 LAUYBIRD LANE BURNSVILLE} MN. 553a7 12A ---------------------------------------------------------------------------------------------------- DNTRACT ITEM STREET WATER SEWER � PARK ESCkOW OTHER TOTAL #181 #4u8 #43$ #5?b FT FT FT FT FT FT FT # 3 � 3 f f f ---------------------------------------------------------------------------------------------------- . Remove and keplace Conc U.uU ti.ti0 U.UO p.0u O.tiO O.uO U.�� Curb & Gutter E0.00 Eu.00 #0.00 E0.00 50.00 30.0� E0.�0 kemove and keplace Conc O.tiO O.GU Curb & Gutter (less tha �U.�� i0.0�� lineal feet) 3. kemove and Replace Conc ci.uU Curb & 6utter with 3 ft ffi0.00 Contrete Apron (b" thick) 4. Remove and Feplace Conc ti.OU Curb & 6utter with 3 ft �0.00 Concrete Apron (b" thick) (less than d5 li�eai feet) 4.00 E0.00 0.00 �0.00 U.00 U.�u iu.0u FU.4u �. �0 ci. 0� EO.GO $O.uO 0. uu U. u0 3�.U� E0.00 U. t10 0. 00 �o.00 tu.00 o.UO o.Uu Z0.00 f0.04 i►. 00 0. 00 30.00 t�.00 O.UO ao.uv O.QO 30. �0 0. 00 �u.00 5. Construct 5 ft wide (4" i1.�0 0.00 �.00 O.vO O.UU G.uO u.UO thick) 5idewalk Eu.40 E0.00 �U.00 E�}.00 �0.00 �0.00 #u.00 -------------=------------------------------------------------------------------------------------- TOTAL 30.00 30.�0 30.vU 3u.00 #0.00 Eu.00 t0.u0 --------------------------------------------------------------------------------------------------- THE FOLLOWIN6 AMOUNTS ARE TO BE CNARGEQ TO EACH ACC�UNT FOR THIS ESTIMATE: treet (101-Ub-b�5-4�4u0-6351) ater (601-73-000-42400? ewer (602-78-U�u-42400) ark (ltil-06-635-424�0) scrow t501-00-U00-42400) ther (ST,1485-1) (529-QO-400-42440-8546) ther (Cu�b Openinqs) (1�1-Ob-b35-42400-b353) #O.UO $0.00 30.00 t0.00 S1,b99.53 f0.00 t0.00 CIT'f OF FRID�EY EN6INEEFcIN6 DEFAkTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN. 55�32 o; y��ypy�pg�E c1HY�k and CITY COUNCIL CITY OF FRIDLEY 64�1 Utdl'�1EkSITY r+VE�dUE N.E. FRIDLE'l, MINNESOTA JJ4J2 � MI''CE�LANEOUS CDNCkETE ES7IMATE N�. 7( FINAL) DATE: DECEMBER 2, 1985 FOR: CONCRETE CURB COMFANY '71 LADYSIkD L�NESJ337 BURNSVILLE, MN. ROJECT: 1�g� ' 612-89u-OU19 ----- CURB, 6UTTEk & SIDEWA�IC --TOTAL � r--- � ------- --------------------------- -------�'"-"�- ^ ESTIMATED UNIT UNIT CUANTITY 70TA ;,MOUNT � CONTkflCT ITEM THIS CUANTITY QUANTITY FftI�E E,TIMATE 12B 1, kemove and f�epla�e Concrete Curb & 6utter �, Remove and keplace Concrete Curb & Gutte� (les5 than 85 lineal feet) 3, kemove and keplace Concrete Curb & Gutter with 3 ft wide Concrete Apron t6" thick) 4, Remove and Replace Conc�ete Curb & Gutter with 3 ft wide Concrete Apron (b" thick) 'tle5s than 85 lineal feetl 5, Construct 5 ft wide �4�� thick? Sidewalk Siu.uU Lin. Ft• $15.uU Lin. Ft. �12.00 Lin. Ft. 520.00 Lin. Ft. 31.54 Sq. Ft. U. UU �.`�7U. �i1 i25, 7G0. UU o, vu o,uu O.uO �Q.00 f).v0 3Q.t1U �7.v0 0.00 O.Ov 5,527.00 f0.60 i8,?9u.�0 --------------- ----- ----------------- 333,940.50 TOTAL COMPLETED T� DA7E CITY OF FRIDLEY P[JBLIC WORKS DEPARTMENT ENGINEERING DN ISION 6�31 University Avenue N.E. Fridley, Minnesota 5543�2 Deeesber 2, 1985 Honorable Mayor and City Couneil City of Fridley c/o Nasim M. Qureshi, 6u31 University Avenue Fridley, 1�1 55�32 Couneil Members: City Manager N. E. ; r y: � - .r , , • � ; We hereby submit the Final Estimate for 1985 Dlisc. Coacsrete Curb, Gutter and Sidexalk Project for Concrete Curb Company, 771 Ladybird Lane, Burnsville, I� 55337. We have viewed the Work under contract for the construction of 1985 Miso. Concrete Curb� Gutter and Sidewalk Project and f ind that the same ig substantially complete in accordanee �rith the contract documents. I reeommend that final payment be made upon acceptance of the work by your Honorable Body, and that the one-year contraetual maintenance bo nd commence on the date listed. Respectfully submitted, John G. Flora, P.E. Public Works Director Prepared Checked JT;jmo 3/6/9/ 14 � • . i� � ►Lir : i , � / � . �--- -- 12D Decesber 2, 1985 To: Publie Works Direetor City of Fridley ;-••; �, ,. , �, '�t . ; • , i ' 1 i : I �I ' ; , ,�1 11 �, ' ; • We, the undersigned, have inspected the above mentioned projeet and find that the work required by the contract is substantially complete in conformity with the plans and specifications oF the projeet. All deficiencies have been corrected by the contractor. Also, the Work Por which the City feels the contractor should receive a reduced grice has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE For the coatractor and the one-year maintenanee bond, starting from the day of the Pinal inspeetion, that being Noveaber 20, 1985 ion Inspector ve, (Title) JT:JMO 3/6/9112 12E and Sidexalk Projeet �' :i' �� i:��+� This is to certify that items of the xork shown in the statemeat of work certified herein have been actually furnished and doae for the above mentioned projects in aecordance With the plans and speeiPications heretofore approved. The final contract cost is #33,990.50 aad the final paymeat of a1r699•53 for the improvement project xould cover in i1i11, the co ntractor's claims against the City for all labor, materials and other work done by the contraetor under this project. I declare under the penalties oP perjury that this statement is just and correct. Concrete Curb Compaqy �% �. Coatractor Representative (Title) JT:jmo 3/6/9/11 12F "-� PLANNING DIVISION �y � I s� U uNoF MF.MORANDUM F(ZIDLEY ll��w Lo: Jo�a F2ora � �ti 1ti lMao troa: Jio RoDiason � lN�o date: November 27, 1985 Nsmo subject: 31cy�roo4 Mall 31ga Plan We bave received a sign plan from tbe SJcywood Mall developer�. Thsir desire ia Lo Degin constructioa of Lbe aigns prior Lo•tDe Chriatmas aea�on. t The p2an aa21a tor a 2 f/2 foot stucco sign Dand to run a2ong tbe entire �all length. The signage itaelt consista of plastic letters varyiog ia styles and colors� glued to the atueco. Three eolors are propo�ed. Although tbis plan la aot of the puslity re might bave boped for. it does �eet tbe intent of our code. Continuous lighting is provided Dy flourescent dovn lighting. TDe issue of uncompletea aite �ork aad tbe need for a larger performance Dond is still unreaolved. I have received a letter from tbe !larquette Bank vbich bolda i493�000 in eacrar lLnda for tbe� Slcy�rood Mall pro�ect. A large portion of thi� fund is beld as retalnage tor tinal payment to aubcontractora. A non- contingent certificate of occupancy vill � reQuired in order to release the�e tL nds. This cont.ol is 2lmited Dy tbe tact tDat �t can not actually utilize the�e funds ourselves to complete aay �ork. �dditionally� the bulk of t0e aubcontractors' roric vill De done thia viater� a�d it la reasonable to as�ume tDat the developer will De reQuesting a certificate ot occupaacy in order to tiaal out his debt prior to tDe laadacapiag beiag co�pleted. It ia sy r�coameadation that Lbe developer be reQuired to suDmit a aeW performance Dond in tDe a�ount of =25,000 Detore aay aign per�ita are iaaued. Also� Lbe developers bave said thaL Lhey do oot intend Lo lastall LDe 100 stalls of new parking on the west end of tbe aite. SDe�e atalla are required Dy code. The desire la Lo vait aad asses� the need aa tbe sall filla. A deferred parking arrangement la alloved Dy code� Dovever, I teel �e ahould Dold tbe Doad tor a period of oDe year as sscurity if t�e parkiag ia nseded. If Couacil feels the aign plan is acceptaDle, it would pe appropriate to approve it ritl� LDe stiDulatioas that a poad ia the amount of =25�000 pe isaued to the Cit� Lp oover all landacapir�g iaproveseats including the proposed parking spaces oQ tD� reat end of tbe aite. Sbe boad abould De beld tor oae �ear after a tinal o�rtificate of occupancy is iasued to allov tiae to aasess the parki�g need. 00 �O � � v ��Q,�. � �� SKn"JOOJ MALL 5203 CENTRAL AVE N E FRiD�EY, MiNNESOTA 55421 � PHONE 16t2157� qa�� -Nov. 13, 1985 City Of Fridley 6431 University Ave. �.E. Fridley, M;� 55432 Atc: Mr, Jim Robinson y Dear Jim, Enclosed is our proposed Sk�wood Mall sign plan. 1 believe 1 have spelled out all thc• .�spects of the plan you requested. 1 have includc�d onl�• the mall plan as no additional signing is planned for ehe mc�el or office build- in� in che immc�diace fu�ure. �hile this plan ma�• be over ehe strictest code interpretation, 1 would point out chat we are providin� si�ning for some cwency-five cenancs (fifte.•n cur- rcn�). If each merchane faced the outside and had a tw�r,;y-five foot frc�nt, cod� would allow se��entv-fi��c� square feet of si�nage. We are askinK apprc�v- al for apprc�ximacely ewenty-two to twency-five �quarc� feet per tenant. we are developin� a new proposal for che site sign which will be presc�ncc•J to the Citv later. Please let me know if you need any addi�ional information and what your pro- cedure is re�3rding the appro�•al process. Needless to sa}•, our merchan�s are mose concerned about excerior signing. 1 wasn'c aware chat the sign plan had not been appreved previousl�• so I would appreciace your help in speeding che process. Sincerely, ,,.�j��MC Dennis Albrechc DA/cz Enclosure I'�c� �Q .�° � G � �"JOOD MALL 5203 CENTRAL AVE N E Skywood Mall Sign Plan FRIDLEY. MINNESOTA 55421 / PHONE �6t. ) 5't •94Q? The exterior retail (mall) sign plan shall consist of che following cri- teria: 1) Size - Sign fascia extends accross the en[ire length of the mall. Tenanc signs shall be restricted co a total height of 2 feet in heighe and ]Z feec in length. Sign shall fall,within 3 inches of cop and bot- tom of sign band and signs shall be at•lease 12 inches apart. Letters shall not exceed l8 inches in height and'may be placed on two lines in which case maximum letter size shall noe exceed 12 inches. 2) Illumination band of fluorescent with light ailowing fascia. Sign fascia shall be illurninated by a continuous (2 �ube) lighting which is designed to wash tt�c fasci:� the letters to stand oue against the white stucco 3) Sign materials - Tenant signs will be plast ic let ters n,�,:1c by Gc�m- ini, lnc. of Cannon Falls, Afinnc�sota. Ins[allation will be by LcMars Si�n Company. Letters shall be secured co the sign band usin�; � sili- con� adhesi��e which is easily removed when tenancs are replaced and nc•w signs are required. The silicone is cuc to remove the leeters and the rcmaining adhesive maeerial is hea:ed and pulled off leaving little re- sidual markings. The scucco can be easily couched up before the new lt•c- erinQ is installed. 4) Color and design - Color selection is restriceed to black, blue or red. Letter style can be selecced from a number of lecter scyles providc•d by Gemini. lnc. which will allow for greater idencity as many tenan�s have specific lettering s�}�les. Maximum heighe will be 18 inchcs alehough sign band size will generall}• allow only 12-1� inch lecters. Tenant signs will be allowed up to 16 feee of the sign band for their sign. Ic will be our intent to have all Skywood signing co fall wichin [hese criteria. � .i��.+�' �� Dennis Albrecht DA/cz 10/30/8� I _____ _, � R�-,-- . :�;- - , `}--- �w� _ _— � ��a r_- t- = � --- ,. ,. � :�-- � ._ �- — �� i__ .� ��. � :l� �� . ,� � i� $i � , , .; � �. i =� �� . t I i : �y ( / �� - =1 �_ � ; � � i � i I ; : � � . � i � , � U � .� (�� l �� t�,,�'.� �� , ,�� . '`'�-�.: �� '!�. �� .} . .C..� , ► . • .:! 1r \� �� -.----- i r �S ,� �r , ��: ,x �'�''� ;=3 =� # ;��"�` . �'r" .: ,� ,� 0 N A If'�' = I =O' :., �..ouRESC�T .►v = BANfl 'VE12►F`f Wl6w►.iFQ 1L��I� S�0 � � • '_._.� �• '� • �� y—�. �+r�r � w- 1�� •� . _ T-� �-'� .�±��.�-.� Y-� �r- � � s • • - � ( �i � � 'i�ie Many Lettering Sfj�les � vai�a��e for Your �ign ll ►eeds � . � Page Style 9 ARCHITECTURAL 12 t3(�UH(�US,�� 1� b�uh�us� ��.•:�� 10 BARNUM 10 CLASSIC BARNUM 6 �CONOENSED BIOCK s ROUND FACE BLOCK s STAN DARD BLOCK 14 �Z'ZtS� SG��9p'7,uoo..c.�, Page Style 14 italici�edse�ipl t�o�c.�� 10 MICROGRAMMA EXTENDED 2 MINNESOTA LETTERS . 11 fD�� £i�Q�i�,�3� �uooe, cue> 11 ota rng(isl� ,��, c,�, 12 P�RF�IIR�'I Upper Case) 12 perfirlre ��e. ��, `"�-' .15 �l�Gs�.7�G� .��i1E�z°�71E . . . .�G��J�.7 w�• c.�, . 15 G�zuQ�C QCtl�tt �Lower Case) �. :��. �,. i 5 jw�� 'v��.aGtt�.f (Lower Casel �. •�'rw•!.�� . g CLARENDON- � -� - 8 ROMAN FORTUNE BOLD 16 �OMPl1TER DATA 17 COOPER BLACK ITALIC 1, couMraY �Ort�ic s cE�ico 6 FUTURA IUpperCase) 6 futurn ,�oWe,c�, 7 FUTURA BOLD,uR��c.�, 7 futurd bold,��.c�, 4 HELVETICA��p�c�, 4 helvetica,�oWe��, . r. 4 HFLVETICA MFD/ UM I TALI C woce� c�� 5 helvetica medium ita��,e►c�, 13 X�'RM�N IT�ZIC �� , +�.� �<;�'�'�- , 13 ,herman i�alicc�c��;�.� ,�-� 8 ROUND FACE ROMAN lUpper Case) 8 round face roman (LowerCase) �6 V-BEVEL �uvoe�Case) 16 v-bevei ,�� , 7 VENUS Flat Cut-Out 17`Gemtite 18 G ini Fo ed Symbols 2i Stu & iracfe Pads 19 Rel 20 Ins 24 �s 19 Cus Crosses How To Order Supplies & Symbols 14 /T�.C/C/Z�'D S'CR/PTiu� c�� _ I 26 Color Chips \ �, Gemini also offers - Mounti�g Hardwa�e ... see pase 24 - Mounting method suggestio�s, see pages Acrylic sheet and UVEX sheet...eall for pric�s Z0� 22 and 23. snd mounting patterns and = Silicone, ISP�16, IPS35� Tuff•bond, templstes at a nominal charge. Eastman Thinner. .. iee pa�e 24 ,. �, . 3 � , - _ :.