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06/02/1986 - 5156� OFFIQAL QTY aXJNCII. �IIJOA �Jt1NC,IL NEETIl�IG JUNE 2, 1986 � � � �;�, .� • � FRIDLEY CITY COUNCIL MEETING PLEASE SIGN �AME ADDRESS AND ITEM NUMBER INTERES7ED IN DATE: June 2, 1986 I �E ADDRESS � ITEM NUMBER I 1+ ■r � , FRIDLEY CI TY �`�OUNC�L June 2, 1986 - 7: 30 P. M. Follow ing are the "ACTIONS TAREN" by the Administration for your inform ation. ------------------------------ ; ' + • • �c _ � C�uncil Meeting, May 19. 1986 A pproved as presented ADOPTI �1 OF AGENDA • F�ur additions: 1) Resolution confirming assessment roll for Mar Len Plat ST. 1986-1&2 2) Resolution authorizing & directing the splitting of special assessments on Parcels 1800 and 1810, Section 3 3) Change Order #1 for Street Improvement Project ST. 1986-1&2 4) Receive report from City Attorney re: Modif ication of Sign Code PE � F �RUM, VISITORS: (�onsideration of Items not on Agenda - 15 Minutes) Discussion on R. Skinner Signs U L HEARZNGS• Public Hearing on the Matter of a Vacation Request, SAV #f 6-01, Generally Located at 55 - 77th Way N. E. , byLes lie Kohanek . . . . . . . . . . . . . . . . . . . . . 1 - 1 F C pened at 8: 45 p. m. Cl osed at 8: 47 p. m. M Ur ITY DEVELOPMENT--ACTION TAREN: Ordinance for Vacation on Nex t Agenda for Consideration Counci 1 Meeting, June 2, 1986 � ! r-- • � , Consic eration of a Special Use Permit, SP #86-02, To All ow a Motor Vehicle Fuel and Oil Dispensing Servic e and a Motor Vehicle Wash Establ ishment, Gener� lly Located at 5300 Central Avenue N. E. , byQ F etroleum . . . . . . . . . . . . . . . . . Planninca Commission Recommendation: Approval w i th � ti pul ati ons nc'1 Action Needed: Consideration of Recomir endation . . . .� . . P pproved Fuel & Oil Dispensing Special Use Permit with f ix (6) stipulations L enied Special Use Permit for Car Wash MMU ITY DEVELOPMENT--ACTION TAREN: Inf ormed appl icant of approv al of Special Use Permit for Fuel & Oil Dispensing with six (E) stipulations. Informed applicant of Council denial of reque: t for Special Use Permit for Car Wash Consic eration of a Variance Request, VAR �86-03, to Rec uce the Required Lot Size, Reduce the Front Yard :etback, Reduce the Rear Yard Setback, Reduce the Di iveway/Parking Setback, Generally Located at 5300 C entral Avenue N. E. , by Q Petroleum . . . . . . . . . . A�pea) s Commission Recommendation: Approval of Variar ce ounc�l Action Needed: Considerati�n of Recomn endation � ppr ov ed MMU ITY DEVELOPMENT--ACTION TAKEN: Informed Applicant of Co� ncil Approval Page 2 2.- 2 4 3 - 3 F �� 0 Counc:l Meeting, June 2, 1986 LO D BtSINESS (Continued) Pa ge 3 Consi� leration of a Variance Request, VAR #86-06, Gener� �lly Located at 6299 University Avenue N. E. , byW. G. Doty . . . . . . . . . . . . . . . . . . . . . . . 4 - 4 K �ppea.s Commission Recommendation: Approval of Varia ice unc.l Action Needed: Consideration of ; Recom� �endation , ►pproved with 13 Stipulations COMMU iITY DEVELOPMENT--ACTION TAREN: Inf ormed appl icant of Counc .1 approval with stipulations Consi ieration of Second Reading of an Ordinance Amend ing Chapter 512 of the Fridley City Code ....... 5 �rdinance No. 856 Adopted P LI E DEPT.--ACTION TAKEN: Proceeded as authorized . ITY !4ANAGER--ACTION TAKEN: Published in Fridley Focus a Consi leration of Appointments to Community Devel opment, Appeals, and Energy Commissions ........ 6- 6 A Tabl ed ITY MANAGER--ACTION TAKEN: Have put on next agenda �— � � Counci l Meeting, June 2, 1986 Page 4 �� - EW B SINESS- Consiceration of First Reading of an Ordinance Amend� ng Sections of the Fridley City Charter and Addinc Section 1.04 (Definitions) . . . . . . . . . . . . . 7 - 7 M C rdinance adopted on first reading �� ANAGER--ACT I ON TAR EN : Hav e put or di na nce on ne xt '. agend� f.or consideration of second reading Recei� ing the Minutes of the Planning Commission Meeti ig of May 28, 1986 . . . . . . . . . . . . . . . . . . 8 - 8 GG teceiv ed A. G�nsideration of a Special Use Permit, SP #86-04, to A1 .ow Exterior Storage of Materials and Equipment, Gener �lly Located at 55 - 77th Way N. E. , by Lesl ie Kohan�k ........................................ 8 - 8B PlannlnQ Commission Recommendation: Approval & 8J - 8I�1 with >tipulations � unc�l Action Needed: Consideration of Recom �endations �pproved with 6 stipulations and contingent on �acation request MMU �IITY DEVELOPMENT--ACTION TAKEN: Inf ormed appl icant of a� �roval with stipulations B. (onsideration of a Special Use Permit, SP #86-05, to Allow •a Montessori/day care facility, Generally � Locat ed at 472 Osborne Road N. E. , by Harris Ratn�yake ........................................ 8B - 8D P ani�ng Commission Recommendation: Approval & 8 N- 8 P with Stipulations unc il Action Needed: Consideration of Recor mendation Approved for one year with 3 stipulations. Stipulations to be reviewed by staff in September COMMI NTmy DEVELOPMENT--ACTION TAREN: Notif ied appl icant of Coun�:il approval with stipulations and review in September Counc:l Meeting, June 2, 1986 EW �'SINESS (Continued) (Plan� ing Commission Minutes Continued) Page 5 C. C< nsideration of a Special Use Permit, SP #86-06, to Al: ow Offices Not Associated With a Principal Use, i�enerally. Located on Lot 4, except the northerly 35' ,: �ots 5 and 6, Block 1, Paco Industrial Park, byWi� �f ield Development . ..... .... .. . . ........ . . . 8D - 8F � lp ann ng Commission Recommendation: Approval & 8Q - 8V with : 'ti pul ati ons unc l Action Needed: Consideration of Recomi �endation , �pproved with 9 stipulations MMU �ITY DEVELOPMENT--ACTION TAREN: Inf ormed appl icant of Co incil approval with stipulations D. I:ems from the Appeals Commission Meeting of May 13, 1986: D-1. Consideration of a Variance Request, VAR #86-10, to Re �uce the Side Yard Setback f rom 20 Feet to 0 Feet. Gener �lly Located at 55 - 77th Way N. E. , by Lesl ie Kohan�k ......................................... 8k' - 8Y Appeals Commission Recommendation: Approval & 8DD - 8EE with 3tipulations Council Action Needed: Consideratinn of Recomnendation �pproved with 3 stipulations, contingent on �acation request MMC NITY DEVELOPMENT--ACTION TAREN: Inf ormed appl icant of Ccuncil approval with stipulations C>uncil Meeting, June 2, 1986 ,�V;W BUSINESS (Continued) ( �lanning Commission Minutes Continued) D•2. Consideration of a Variance Request, VAR #�6-11, to Reduce the Parking Setback from 20 Feet t� � 10 Feet to Reduce the Parking Setback f rom 2� � Feet to 5 Feet, Driveway Width to Exceed 3; �, Feet at the Curb Opening, to Reduce the P� rking Space Width from 10 Feet to 9 Feet. G� nerally Located on Lot 4, Except the N� rtherly 35', Lots 5 and 6, Block 1, Paco I� dustrial Park, by Winfield Development ......... �j�peals Commission Recommendation: Approval w: th S ti pul ati ons � uncil Action Needed: Consideration of RE comm enda ti on Page 6 8Y - 8 CC & 8FF - 8 GG Approved with stipulations except variance reduction in parking space width ,� MMUNITY DEVELOPMENT--ACTION TAREN: Inf ormed appl icant of approval with stipulations except variance teduction in parking space width Re :eiving Charter Commission Minutes of Ma -ch 17, 1986 . . . . . . . . . . . . . . . . . . . . . . . 9 - 9 � Received CQ lMUNITY DEVELOPMENT--ACTION TAKEN : Fi 1 ed f or f ut ur e ref er ence �r ■ Counc. l Meeting, Jurie 2, 1986 � EN W B, ►,�,INESS (Continued) Pa ge 7 Consi� �eration of Awarding Contracts for Water and Sanit� ry Sewer Project No. 162 and Site Grading Proje� t No. 163 and Review of Lake Pointe Corporate Cente� Plans . . . . . . . . . . . . . . . . . . . . . . . . 10 - 10 R "abl ed to J une 12 spe ci al meeti ng at 9: 00 p. m. pUBLI�' WORRS--ACTION TAREN: Have put on agenda of speci� 1 meeting for June 12 Consic eration of Awarding Contract for Inter: ection Striping Proj ect No. 165 . . . . . . . . . . . 11 - 11 A F eceived bids and awarded to low bidder Madsen Specialties pUBLI( WORKS--ACTION TAREN: Notified Madsen Specialties of Counci 1 approval Consiceration of a Resolution Authorizing a Lot Spl it, L. S. #86-04, Generally Located at 6562 Anoka Street N. E. , by Terry Barrett . . . . . . . . . . . . 12 - 12 C Resolution No. 44-1986 adopted MMUrITY DEVELOPMENT--ACTION TAKEN: Informed applicant of approval Counc:l Meeting, June 2, 1986 � � EN W Bi SINESS (Continued) Consic eration of a Resolution Approving I-694 Prel ir ina ry Layout Identif iec� as Layout No. 16 From '. . H. 152 to T. H. 35W . . . . . . . . . . . . . . . . . 7 abl ed pUBLI( WORRS--ACTION TAREN: Put on hold per John Flora Pa ge 8 13 - 13, D Recei� ing CATV Advisory Commission Minutes of May 1 `. , 1986 . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14 I F eceived MMU ITY DEVELOPMENT--ACTION TAKEN: Fil ed f or f utur e r ef er ence Public Hearing on the Matter of Transfer of Cable Television from SCI Holdings to Nortel Cable Associ ates . . . . . . . . . . . . . . . . . . . . . . . . . (�ntinued to special meeting ofl June 25 at 7:30 p.m. PUBL C WORRS--ACTION TAKEN: Have put item on agenda of speci�l meeting for June 25 0 15 - 15 BBB Counc� 1 Meeting, June 2, 1986 ; ;� j�EW B1 SINESS (Continued) -Page 9 � Cl aim: . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 .. . -. �Y : : •� �� Paid claims Licen: es . . . . . . . . . . . . . . . . . . . . . . . . . . 17 � ppr ov ed CENTR�L SERVICE--ACTION TAREN: Issued licenses Estim� tes . . . . . . . . . . . . . . . . . . . . . . . . . ; ,ppr ov ed CENTRi.L SERVICE--ACTION TAREN: DJ U::N: 12:30 a.m. Paid estimates 18 - 18 A � ; � � � . � � : :► ... � : . _ ► FRIDLEY CI TY COUNCIL JurvE 2, 1986 - 7:30 P.M, �our�c i � MEET I NG, h1aY 19, 1986 : �' � � : �' � �� ; Cor�S I DERAT I OP� OF I TEP•1S NOT ON A�Er��a - 15 h1 i NuTES ) • ,. - - PUBL I: HEAr2 I NG OiJ THC �Y�ATTER OF A VACAT I Oh REQUEST. SAU #36-L1. GENERALLY LOCATED AT 55 - 77rH w�.Y f�.E.. BY LE �L I E KOHANEK . . . . . . . . . . . . . . . . . . . . . 1 - 1 F � COUr� : I L i�1cET I hG, �UNE 2, 19�6 ��I�1 ► CONS DERATION OF A SPECIAL USE PERMIT. SP #86—D2. TO A.LOW A MOTOR VEHICLE FUEL AND OIL DISPENSING SERV CE AND A h10TOR VEHICLE WASH ESTABLISHMENT, GENE;ALLY LOCATED AT 5300 CENTRAL AVENUE N.E.. BY Q� PETROLEUM . . . . . . . . . . . . . . . . . . PLANI f I NG COM►,1 I SS I OtJ RECOMM tinnT i nN ; APPROVAL WITH STIPULATIONS COUtJ�IL ACTION NEEDED: CONSIDERATION OF REC01 Ih1ENDAT I 0�� COr�s DERATION OF A VARIANCE REQUEST, VAR #86-03, TO REDUCE THE REQUIRED LOT SIZE. REDUCE THE FRONT YARD SETBACK, REDUCE THE REAR YARD SETBACK, REDUCE THE �RIVEWAY/PARKING SETBACK. GENERALLY LOCATED AT 5300 CENTRAL AVENUE N,E.. BY Q PETROLEUM ..... APPE! LS COMP1 I SS 10�� RE ��n�FrdnaT i nrv ; APPROVAL OF VAR I � NCE COUh(IL ACTION N D D; CONSIDERATION OF RECOr� �1ENDAT I Of� � PAGE 2 . . .• . . 2-2Q .....3-3F COUr;C i L h1�ET i NG, JUNE 2. 1986 � 1 ' • ► � PAGE 3 CONSI)ERATIOrJ OF A VARIANCE REOUEST, VAR �t86—�6. GENERaLLY LOCATED AT 6299 UNIVERSITY AVENUE N.E.. BYW. G. DOTY . . . . . . . . . . . . . . . . . . . . . . . 4 - 4 K APPEA S COP•1� � I SS I ON RECOMt�IENDAT I OPJ : APPROVAL OF VAR i A VCE • COUtJC1L ACTIOt� hEEDED: CONSIDERATION OF RECOt� •1ENOAT I Oh CONSI�ER�;TIOt� OF SECOND READING OF AN ORDINANCE A�•1ENCIhG CHAPTER 512 OF THE FRIDLEY CITY CODE ....... 5 CO�ti'S DERAT I Ot� OF APP01 NTh1E1�T5 TO COM��IUN I TY DtVEI OPt�1ENT. APPEALS. AND ENERGY �OMM I SS 10(�S ........ 6- 6 A COUNC I L P�1cET I NG. �UNE 2. 1986 ,�� . � .�..�1.�.:.� PAGE 4 CONSI�ERATION OF FIRST READING OF AN ORDINANCE AP1EtvCiNG SECTIONS OF THE FRIDLEY CITY CHARTER AND ADDih� SECTIOt� 1.04 (DEFINITIONS) . . . . . . . . . . . . . 7 - 7 ��1 RECEIlING THE hii��UTES OF THE PLANNING COMMISSION f iEET I �G oF P�1AY 28, 1986 . . . . . . . . . . . . . . . . . . 8 - 8 G� A. C)��S i DERAT I OP� OF A SPEC I AL USE PERh� I T, SP �86-04, TO AL .Oi•+ E�TER I OR STORAGE OF h1ATER I QLS AND EQU I PMENT. GtNER,LLY LOCATtD AT 55 - 77TH W�Y N,E.. BY LESLIE �`:OHAi; 't: ...,� ................................... 8 - 8g �.'LAi•�f� NG CO �'," I SS I Oi; R�COMh'�f�DAT I Oir : APPROVAL 8 8J - 8� � �; I TN >T I r�LAT I O�JS "." L ACT I 0�� J� EDED : CONS I DERAT I ON OF R� co!��;� ,c r;��T i o�, s �. C� nS I DERAT I Or� or A SPEC I AL USE PEP,�� I T, SP #86-�5, TO ALl 0��,� A i�1oNTESSOR I/DAY CARE FAC I L I TY, GEr�ERALLY LOCATI:D AT 472 OSBORNE ROAD N.E.. BY HARRIS RAT��A°atcE ........................................ 8B - 8D r'`' NG C0�1 �il SS I Oi� RECOh�t�iENDAT I OiJ : APPROV�+L 8 H N- H P l�;lTH ,`:TIPULATIO�JS COJ,;:,L ACTIO�: NEEDED: COWSIDERATION OF Rtco�•�r� ��JHT I 0�� 1► Cour�� i � hiEET i NG, JurvE 2, 1986 �� US I��ESS ( CONT I NUED ) �PLAhNING COMMISSION MINUTES CONTINUED) C. CONSIDERATION OF A SPECIAL USE PERMIT, SP �86-06. TO AL LO�r' OFF I CES NOT ASSOC I ATED W I TH A PR i NC I PAL USE. GENERALLY LOCATED ON LoT 4. EXCEPT THE NORTHERLY 35'. LOTS 5 AND 6. BLOCK 1. PACO (NOUSTRIAL PARK. • BY WNNFIELD DEVELOPMENT ......................... 8D — 8F P�ar�r�� 1 NG C0�1'•11 SS I ON RECOM��IENDAT I ON ; APPROVAL b 80 — 8V arITH STIPULATIONS COUtJCiL AcTior; N`EDED: CONSIDERATION OF RECO�• •1ENDAT I Ot� D. I TEh1S FRO�•'; THE APPEALS COMh1 I SS I ON P�1EET I NG OF f•'AY 13, 1985: PAGE 5 D—l. CO(�SIDERATION OF A VARIANCE RtQUEST, VAR #86-1�, TO RE:�UCE THE SIDE YARD SET6ACK FROM 20 FEET TO 0 FEET. GENEF 4LLY LOCATED AT 55 — 77TH I�JC�Y N. E.. BY LESL I E KoHAr,_�: ......................................... 81,J - 8Y �?PE� _S COh' �' I SS I O�d R�COM��"EhDAT I 0;� : APPROVl�L & 8DU - 8EE I•� I TH �T I PULAT I ONS Cou;�� lL A�? I OiJ NFEDED ; CONS I DERAT I ON OF RECON,IENDAT 10'� i COUIr'C I L h1EET I NG. �UNE 2. 1986 1 ' • � � � PLAN J I NG COM��1 I SS I ON M I NUTES CONT I NUED ) D-2. CONSIDERATION OF A VARIANCE RE�UEST, VAR #86-11, TO REDUCE THE PARKING SETBACK FROh1 2� FEET TO 10 FEET TO REDUCE THE PARKING SETBACK FROM 20 FE:T TO 5 FEET. DRIVEWAY WIDTH TO EXCEED 32 FE:T AT THE CURB OPENING. TO REDUCE THE PARK I;G SPACE W1 DTH �RONS 10 FEES TO 9 FEET. GENER,�LLY LOCATED ON LOT 4, EXCEPT THE NORTH.RLY 35', LOTS 5 AND 6. BLOCK 1. PACO INDUS�RIAL PARK, BY WI�JFIELD DEVELOPMENT ......... APPEA; .S COM �i 1 S S I Oi� RECOM �1�NDAT I OtJ : APPROVAL k' I TH '�T I PULAT I OtJS � Ui�C L ACT I 0'; N�EDcD : CONS I DERAT I Ot� OF RECOr,1� �E�;�AT I 0�� PAGE 6 8Y-8CC � 8Fr - 8 G� RECE I�� I f,G CHARTER COt�1�,11 SS I ON i�l l NUTES OF i�,�;�:.H 17 , 1986 . . . . . . . . . . . . . . . . . . . . . . . 9-9D � COUNCIL tfEETING, JUNE 2. 1986 � � � PAGE 7 CONSI)ERATION OF AWARDING CONTRACTS FOR WATER AND SANITaRY SEWER PROJECT N0. 162 AND S{TE GRADING PROJE�T N0, 163 AND REVIEW OF LAKE POINTE CORPORATE CENTE � PLANS . . . . . . . . . . . . . . . . . . . . . . . . 1� - 10 R COhS I)ERAT I OtJ OF Alti'ARG I NG CONTRACT FOR I f�TcR �ECT I OiJ STR I P i NG PROJECT N0. 165 ........... 11 - 1 1 A CONSI��ERATION OF A RESOLUTIO�� AUTHORIZINu A LOT SPLlT L.S. �86-Q4, GENERALLY LOCATED AT 6562 Af��KH STREET P�,E.. BY TERRY BARRETT . . . . . . . . . . . . 12 - 1Z C ,.�'. � COUNC I L P,icET i n�, JuNE 2, 1986 '� '� US 1 f•d+�SS ( CO!�T 1 NUED ) PAGE 8 CONS DERATIO�J OF A RESOLUTION APPROVING I-694 Pr�ELIMINARY LAYOUT {DENTIFIED AS LAYOUT N0. 16 F�o�f T. H, 152 To T. H. 35W . . . . . . . . . . . . . . . . . 13 - 13 D R�CE I J I Nu CATV ADV I S02Y COMh11 SS I ON hl l NUTES OF i it,,Y 1 �, 1986 . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14 I Pua� i: Htti� i r�� 0�: THE P�1l�TTER OF TRANSFER OF CABLE TELE1�' S I Oi� FRO:'•", SC I HOLD I NGS TO NORTEL CABLE A;so:. �,T�s . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 B� COUr, . i L(�1tET I NG. �UNE 2. 1986 ► •► ► � PA�E 9 C�air s . . . . . . . . . . . . . . . . . . . . . . . . . . 16 LICEn��ES . . . . . . . . . . . . . . . . . . . . . . . . . . ll Es7 �t1. TES . . . . . . . . . . . . . . . . . . . . . . . . . 18 — 18 A \ � � I �.i � � � '� � � THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 19, 1986 f ['HF MINUTES OF THE RDGUI,?1R MEErING OF THE FRIDLEY CITY COUNCIL OF MAY 19. 1986 Q�e Regular Meeting of the Fridley Ci.ty G�uncil was called to order at 7:45 �. m. by Mayor Nee. ?LIDGE OF AI�LDGIANCE: 4ayor Nee led the CAUncil and audience in the Pledge of Allegiance to the '1 ag. �JLL CAi.L • t�NBERS PRFSFNT: Mayor Nee, Cbuncilman Barnette, onuncilman Schneider, Gbuncilman Fitzpatrick, and Councilman Goodspeed t�tBFRS ABSENT: None 'RESII�ATION OF CEFdIFICATES: I�ayor Nee stated the Council wished to acknowledge the services of the ; ollaaing persons who have given of their time to serve on various City + orrIInissions. Janes Plenel, Appeals Canmission Thanas GLOnitmd, D�virormental Quality Catunission Robert Mir►ton, H�nan Resources Ga�nission Q ar ence Rezac, Qacununi ty Dev el ognent Catmissi on Je�n Gerou, A�peals Cortanission P ayor Nee read the Certificate of Appreciation which was presented to these � r�dividuals and thanks were exte�ed to Mr. Minton and Mr. Rezac who were � resent to receive these oertif icates. r3yor Nee asked that the certificates for Mr. Planel, Mr. Gronlund and Ms. C erou be forwarded to then. � PpRCJVAL OF MINUTES • QOUNCIL MEh'TING, MAY 5, 1986• r YrION by Councilman Barnette to apprave the minutes as presented. Seoonded t� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee c:clared the motion carried unanimously. • •• • • •h� �.• �' �ION b� Councilman Fitzpat�ick �o adopt the age�c3a as su)mitted. Seoonded t � Councilman Sci�neider. Upan a voice vote, all voting aye, Mayor Nee d:clared the motion carried unanimously. -1- , �i.�f►�- Y�� ft i � : • QPIIV FORUM. VISIT�RS: SIC�IS ON RALPH SKINNII2' S PROPIIZI'Y: NLs. Janioe Meierbarhtal, 6171 Heather Place, presented a petition to the ��cil on behalf � 17 residents of the City, many af then present at the meeting who had si�ed the petition. Ms. Meierbachtal stated this petition is asking the City to enforce the Sic� O�de at 6217 Ceritral Avenue. She stated the City has al ready notif ied the residern. at this address that he is in violation of the Sign Code. She stated there are several violations regarding the nunber of signs, size of the signs, and the distance fram property lines, which is a clear violation of the Sign Code. Ms. i�feierbachtal stated the letter sent to this resident also states that he renave the sic,g�s or axnply with the o�de. She stated, as of. this evening, the sic�s are still up and in violation. She stated, as the next action, the Sic� CAC3e states if the aarer fails to ranwe such illegal sic�ns or make then oomgly with tfie oode, these signs may be renoved by the City. Ms. NSeierbachtal stated they are asking the City exercise this right to remove the signs. She stated illegal si�s are a niisdena3n�r in the City. Ms. Meierbachtal stated the,� appreciated the Council's attention to this matter and would like a response to this request by or at the next Council meeti ng. I�DTION b� Councilman Schr�eider to reoeive the petition submitted by Janice rSeierbachtal. Seoonded ty Councilman Fitzpatrick. Upon a voice vote, all vating aye, Mayor Nee c3eclared the motion carried iu�animously. l�yor Nee stated there are two issues involved, and one is between two property owners. He stated the City has proposed what would be a r�sonable accor�anodation to which Mr. Brickner agrees, but it is questionable on the part of the ather party, Mr. Skiru�er. Mayor Nee stated the other issue an the signs is direct and within the C�.ty's jurisdiction. Mr. N�aman, (�ty Attorney's Office, stated in regard to the placement of sic�s, one of the concerns is the constitutional question of freedom of speech. He stated the Sign Ordinance principally addresses signs of a aammercial r�ature. He stated Mr. Skinner has a oertain aonstit�tional right to express his feelings, but believes the City has the right to impose oertain restrictions. Mr. NE�ama.n stated he hasn't had sufficient time to explore the constitutional issue, hawever, it is clearly a different situation than someone having a oaimnerical sign advertising their property. Mr. Newn�an stated the petitioners bave requested the City to reqnove the signs. He stated, it has been the practice that before the City take such a step, a lawsuit is oomnenoed to say the sic�s do aonstitute a violation of the ordinance. He stated if the City renoves the signs and the court -2- �� !� ��. � Y ' c etermines the property aaner had the right to have the sign, this could i esult in a prohlen for the City. t JTION by Councilman Schneider to direct the administration and City � ttorr�ey's Offioe to prepare a report for the r�ext meeting regarding actions � hich may be taken to solve this problen. Seconded b� Councilman Barnette. [ p�n a voioe vote, all voting aye, Mayor Nee declared the motion carried c zanimously. C��cilman Schneider stated he reoeived calls fran several residents in the G rea and hoped an agreanertt wuld be reached between Mr. Brickner and Mr. f cinner which would eliminate the reed for Mr. Skinner to keep t� the si�s. r r. Newman stated one procedure would be to charge Mr. Skinner with v ialation of the ozdinance. He stated this would take a minim�an of four n�nths knawing there are oertain oonstitutional defenses. He stated the G Ltimate result is Mr. Skinner could be fined or ordered to physically i 3nave the sicyis. Mr. Newn,an stated a declaratory action would take a n inimun a� six months through t�e oourts. C�uncilman Schneic3er stated it seens the most expedient way for the signs to t� renaved is to have an agreenent between the two property awners, Mr. P :ickner and Mr. Skinner. M-. Qureshi, City Manager, stated he has met separately with Mr. Brickner a ld Mr. Skinner and tried to put forth a proposal that is fair to both F irties. Mr. Qureshi stated Mr. Brickner accepted this proposal, and the C.ty is awaiting a response fran Mr. Skinr�er. N',r. Qureshi stated if Nir. S:inner accepts the proposal, there wouldn't be a r�eed for any signage. M�. Jim McCul loch, 6165 Heather Pl ace, stated the oade say s Mr . Sk i nne r i s i i violation. He felt, if this was the case, the City should take some a:tion and the a�de enforced. r� . Netiaman stated he is recommending no action be taken until the next m�eting so the o�nstitutior�l issues can be reviewed. M�. McCulloch stated he would like a progran by the next meeting to get this m itter settled as quickly as possible. M �yor Nee stated the cnde is basically for oar�+erical sicg�s. He stated this i> a sic� of a different gender and that raises the question of whether or n>t it is a�vered under the stark reality of the letter of the lasa. M�. Meierbachtal stated they appreciated the Council's attention to help s� �lve this matter and would like to prooeed with a solution no matter haw 1 >ng it takes. �• •y�: � Z� : � �, � I� �. Joe l�elson, 1357 64th Avenue, appeared before the Council regarding the w�ter problen at his resic3ence. Mr. Nelson stated he realizes this is the -3- ��. 1 Y��'�_ �. � Y i ' � wettest Nl�y on zec�rd, but he has an estimated 53,000 in damages to his basemerit and felt the stozici sewer systen was a oontributing factor as it has bec�me ineffective wer the o�urse af the past 30 years. Mr. Nelson presented a drabaing of holding pc�rcLs and the stona sewer system in effect. Mr. Nelson stated water rtais dawn Mississippi all the way fran Arthur Street, and the storm sewers on Creek Park Lane ru1 across the park, and end up in the halding area behind his hane. He stated this holding pond, wer the last 30 years, has filled in and presently there is only an area about 10 by 50 feet. Mr. Nelson stated the C�ty has given him assurances something would be done b� ditching or a drainage area going west to Old Central and then proceeding south on Old Central to Nbore Lake. Mr. Qureshi, City Manager, stated at one time, there was discussion about a storm sewer system for this area, hawever, because of the costs, most resider�ts di�'t want to prooeed and the project was dropped. Mr. Qureshi felt if the City can obtain permission, there is a deep lot north af Mr. Nelson's property and a logical area where the City could do sbme ditching to divert the water to the west, along Old Central, and put culverts u�der �aved driveways for the r�off to drain to Moore Lake. Mr. Qureshi stated this wouldn't be a perfect solution because of the shallowness of the depth fran his hane to the lake which are both about the same el ev ati on. Cbtimcilman Schneider stated Mr. Nelson questioned if this ponding area was ever an official holding pond. Mr. Qureshi stated it was not and presented 1959 aerial drawings which shaas a swamp� area, but never in public owr�ership or any type of o�ntrol. Mr. Nelson stated he had met with Mark Burch of the City's Engineering DeFartment, other menbers of the �gineering staff, and Co�cilman Schr�eider and would like to thank then for their concern and help in attempting to resolve this problen. He stated he would like support � the Oauncil for an expedient solution to this prob�len. Mr. Qureshi stated permission would be reeded before they can c� on private progerty to prwide an outlet for this water. He stated any influence Mr. Nelson may have to expedite the City's efforts would be appreciated. PtJBLIC HF�RZ��GS: 1. �'USLIC HF�FZING ON THE REC�OMMEAIDATION FOR CHANGES IN THE CITY CHP�RTER • NDTIDN b� C;otimcilman Fitzpatrick to waive the reading of the public hearing notioe and open the public hearing. Seoonc3ec3 by Councilman Schneider. Upon a voice vote, all aoting aye, Mayor Nee declared the motion carried unanimously and the publ ic i�earing oper�ed at 8: 20 p. m Ms. Sue Jackson, Chairperson of the Charter Commission, stated the -4- �J�► 1 1�1 1�� • Y: : • bnmission is reoomme�ding three areas of change to the �arter. She stated :hese �anges are (1) renwal c� specific gender language; (2) filing of �etition for recall; and (3) definitions of various types of vaters. +Ls. Jackson stated they renoved the pronouns referring to a specif ic aascul ine gender and substi tuted words 1 ike "Cotmcilmenber" and '�nenber ". +Ls. Jackson stated the seoond change rel ates to Section 5.15 on f il ing a �eti ti on f or recall. She stated pr esently th e Charter states a pe ti ti on f or �ecall must be sic�ed by 25$ of the registered voters of the City. She �tated this means a Ward Councilmember could be put up for recall by �i�atures of 25$ of the City, even though these people were not in the blmcilmenber's ward. She stated they are reoomnending a change to 25$ of he registered vote�s in the ward of that Co�cilmenber. �.s. Jackson stated the other change was regarding "regular voters". She tated the CY�arter oontains reference to all types of voters and the terms �eem to be used interchangeably. She stated the Ca�nission has oame up with our terms to be tised consistently as fnllvws: eligible voter, registered ��oter, voter, and electorate. She stated the Cor�nission's iritention was to .eep what they peroeived to be the origin�l intent af the Charter. . Ls. Jackson stated it was debated whether sic�atures on a petition should be ��ligible or registered voters. She skated petitions have to be verif ied by he Clerk and oompared to the voter registration card, therefore, they felt he intent af the Qiarter was for registered voters. ; Is. Jackson stated these proposed changes were checked by the Commission's . egal o�unsel to make sure they were not in vialation of any State statute. ; layor Nee stated the Charter is the equivalent of the City's �nstitution so � his is a rathez imFortant hearing. He stated the aQneJx3nent of the Charter � �ccurs if, af ter a public hearing, the Council agrees with the Charter � bmmission, then an ordinance for the changes can be acbpted. He stated if � he Co�cil doesn't agree with the Charter Caim►ission, it oould be sutrnitted 1 o a vote of the peogle. No persons in the audience spoke regarding these � hree proposed Charter aner�}nents. IDTUJN b� O��cilman Barnette to close the public hearing. Seconded by + Auncilman Fitzp3trick. Upon a voice vote, all voting aye, Mayor Nee a eclared the motion carried unanimously and the public hearing closeci at � : 32 p. m. 1 DTION b� Councilman Schneider to direct staff to prepare an ordinance for � he rext meeting covering these proposed Charter a¢nendments. Seconded by � b�mcilman GoalSpeed. Up�n a voioe vote, all vatinq aye, I�yor Nee declared t he motion carried unanimously, ar�d the public hearing closed at 8:32 p.rr►. ( �LD BUSINF.SS• 2. �'ONSIDERATION OF APFOIN'I"MENTS TO COMMUNITY DEVELOPMENT, APPEALS, ]��IRDI�.t`�I.vTFAL QUl�LITY. AI�ID HtJMAN RE.SOURCES OOMMISSIONS• -5- 3. ��l� ft�� f. �t +t��. tUY i, �_�• '� _ •��I • � trDTItJN b� Co�a►cilman Fitzpatrick to raninate Dick Storla, 7548 Alden Way, for app�intrnent to the Hunan Resouroes Qocimission. Seconded by Councilman Schreider. �ere being no further naninations, the fallawing action was taken: MOTION by Councilman Fitzpatrick to cast an unanimous ballot for the appointment � Dick Storla to the Hunan Resources Commission. Seconded by O�imcilman Barnette. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �1 y� �lyl�l,� • • r• •� � �� NDTItJN by Councilman Fitzpatrick to ncminate Dale �anpson, 4976 3rd Street, for appointment to the Enviror�nental Quality Commission. Seconded by O�LU�►cilman Barnette. �ere being no further naninations, the fnllaaing actian was taken: MOTION by Councilman Barnette to cast an unanimous ballot for the appointment of Dale Thompson to the Environmental Quality Cornmission. Seoonded b� CAUmcilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. •� u�ul 1► YY � �►/ • ' �►1 •• I • � • i� • •� �r�u �i� NDTI�] by O�uncilman Schneider to table these appointments. Seconded by O��mcilman Barrette. Upon a voioe vote, all voting aye, A'Hyor Nee declared the motion carried unanimously. �3i��x'�� •• �� 71• • • • ; ; • � • • •�� : �. • • � �I►�� • • • iu �� Mr. Hill, Public Safety Director, stated this ordinance is a proposed amencfient to Chapter 512 of the City Code b� adding a new secti on enti tl ed "Unreasorahle Acceleration." Mr. Hill stated the adjoining cor�cn�ities of Colunbia Heights, O�on Rapids, Blaine and Spring Lake Park have had such an ordinance for several years. He stated, ca�rre.ntiy, FYidl�.y's R�lioe Department has to rely on a greater charge � careless dr�ving to deal with these oomglairtts of s3ueeling tires and e�ocessive vdlicle x�oise. He stateci the careless driving charge is a more difficu3t affense ta �vsecute, as well as reflecting a more serious traffic violation offe�se on a vialator's reoord. Mr. Hill stated it is recommended the Council consider this ordinance amenchient for u�iform �nformity with adjoining cities, a lesser violation reo�rd on those c�arged, and easier prosecution for this type of vio2ation. -6- �.J�. �r�! � � � • • : . I lr. Hill stated if this ordinanoe reoeives a first ra3ding, it is proposed � o make a mir�or anen3nent before the se�n�d reading to delete the reference �.o private property as he felt this was uzneoessary. IIOTION by Councilman Fitzpatrick to waive the reading and approve the � �rdirnnoe upon first reading. Seconded by Councilman Schneider. Upon a � oice vote, all voting aye, Mayor Nee declared the motion carried � nanimously. 4. ��IJSIDERATION OF FIRSI' RF.I,DING OF AN ORDII�NCE FOR A PROPOSAL TO CHANGE THE ,;�GN ORDINANCE SDCTION 2�4 OF THE FRIDLEY CITY OODE• �lr. Flora, Public Works Director, stated in January, 1985, the Planning +ar�unission reviewed changes to Chapter 214 of the Sign Ordinance and no � hanges were made in re�erenoe to p�lan sicy�s. He stated in April, 1986, he Council made a motion to staff directing that a prop�sed draft revision ��f the sicyz ordinance be presented to the Council by the last meeting in i l�y . ; Ir. Flora stated staff preserited two alternative approaches for pylon sign : ev i si ons t o th e Pl anni ng CatIIni ssi on a t th ei r May 7, 1986 meeti ng. He sta ted i he CArranission supported a revision which correlates sign size to both I Usiness size and zoning. I lr. Flora stated the rationale for the proposed revisions were based on the : oll aa ing : (1) th e enf or oenent. c� 80 squa re f eet � ar ea per dev el ognent i s r ot sensitve to business size or zoning; (2) the existing sign area estrictions have prcmpted n�xnerous variance requests, many of which have I een grarYted; (3) evaluating sign policy on a case by case basis, with � ariances, leads to inconsistencies in enforoe�nern and fosters competition I�etween busir�esses seeking larger sic�s; (4) the proposed amendments will �:reate a fair systen which can be used as a tool to discourage variance : equests; (5) the proposed amendments are desic�ed to maintain the Fridley standard" of 80 square feet of sign area for small and medium size +levelognents in C-1, C-2 and C-3, up to 8,000 square feet of floor area; (6) 1 he proposed amenc�nents restrict C-1 local (neighborhood) businesses to 80 , quare feet of sic� area only; (7) the prop�sed amer�nerrt.s allaa for medi�un ,,ized signs, up to 120 square feet in area, in C-2 or C-3 zones for I usinesses greater than 8,000 but less than 20,0.00 square feet in area; (8) 1 he proposed amenc�nents allaa for larger sized sic�s, up to 180 s�uare feet : n area, in C-2 and C-3 2ones for•large business developments greater than a 0�000 square feet in area; and (9) the proposed changes treat C-2 and C-3 .,ones equally because : similar permitted uses; some large vacant C-2 ; aroels; and a few large existing C-2 develognents. Ilr. Flora stated the proposed changes were also discussed by the Appeals � btranissi on and an additional recx�m�renda ti�ri was to have devel ognerrt s i n C-1, �;- 2 and C-3 zones with less than 8,000 s+quare feet of building area and i hat have a do�file €rarYtage lot, be entitled to up to 1E10 aquare feet of ,;ic� area if divided betwee� two si�s or, up to 100 square feet of area if ��ne si� is shared b� two busir�esses. -7- ��. 1l�� ' � f! e O�taicilman Fitzpatrick stated one c� his reactions is that this is the third major proposal he has seen. It seems to him the Council is sending a message that if you can't have it naa, wait around, and the criteria on which �ey are judging will change. O�ta�cilman Schneider wondered if it is warranted to go up to 180 square feet, and if requests were mac3e in the past. for this size and were granted. Mr. Flora stated sane adjoining oomn�ities have sic�s wer 200 square feet and others determine the size c� a sic� based on traffic. Mr. Qureshi stated staff was instructed to bring a proposal to the Council b� this meeting. He felt if Gotuicil wanted an analysis of the variances over the last five years or so, this could be brought back at the next meeti ng. NDTIIJN by Councilman Schneider to table this reguest to the June 2, 1986 meeting and direct the ac�ninistration to prepare an analysis of the variances to the SicF► Ordinanoe which were requested and granted over the last three ar four years. Seoonded b� Coimcilman Fitzpatrick. Upon a voioe vate, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RDCEIVING TEiE MINtJI'FS OF THE PIANNING QONII'�IISSION MEETING OF MAY 7. 1986: A. QONSIDERATION OF L(yT SPLIT, L. S. $86-04 . GE,NERT�LLY IACI�TID AT 6562 ANOKA STREET N. E. , BY TERRY BARRETr: Mr. Robertson, OorrQn�mity Develognent Director, stated this property �nsists of four lots located north � Mississippi Street on Anoka Street. He stated the petitioner wishes to split �f the mrtherly 63 feet of the property in order to make a location for a hane he is planning to move f rom New B ri ghton. Mr. Robertson stated the Planning Cartnnission re�mnended approval � the lot split with the fnllaaing stipulations: (1) park fee of $750 be paid prior to issuance c�' building and maving permits; (2) new double garage oompatib�te with house facade to be c�onstructed and a hard surfaced driveway installed to the r�ew garage prior to issuanoe af the building and maving permits f or the house or posting of a$8,000 bond; (3) lot split to be recorded at the O��ty prior to issuance c� building and moving pemits; and (4) variances for lot areas from 9,000 square feet to 8,127 square feet and lot width fran 75 feet to 63 feet to be approved with the lot split. Mr. Barrett stated the house was built in 1953 and inspected by the City. He stated an additional $20,000 woutd be added for renodeling and the home is similar ta others in the rnic�►borhood. Mr. Barrett stated the appraisal Naa Brighton had on the hame wa� $73,000 and everything wi11 be up to code. Mr. Barrett stated a survey has been oompleted and reflects a total lot area of 7,994 square feet and a lvt �aidth of 62-1/2 feet so these f igures should be v�nsidered in accordance with �e lot split. IrDTI�N b� Cowicilman Schneider to concur with the recommendation of the -8- ��J�► 101 �� • � • �lanning CacBnission and grant lot split, L.S. #86-04 for Terry Barrett, with he follawing stipulations: (1) park fee of $750 to be paid prior to .ssuance o� building and mv.Ting pennits; (2) a rnw double c$rage compatible 7�ith house facade to be �nstructed and a hard surfaoed driveway installed �.o the r�ew garage prior to issuanoe af the building and maving permits for he house ar, in lieu of this, a$8,000 bond; (3) lot split to be recorded ;,t Anoka tbu�ty prior to issuanoe c� building and maving permits; and (4) �ariances for lot areas from 9,000 square feet to 7,994 square feet and lot r�idth fran 75 feet to 62-1/2 feet are approved with this lot split. , �eoonded b� Co�cilman Barrette. Up�n a voioe vote, all voting aye, Mayor l'ee declared the motion carried unanimously. B. �2�SIDERATION OF SF.TI'ING A PUBLIC H£ARING ON VACATION RDQUEST. �AV #86-01. GIIdF.R�1I�LY I�OCI�TID AT 55 — 77TH hTAY N. E. . BY LESLIE KOHANIIC • 1 DTION b� Qoimcilman Goodspeed to set the public hearing on this vacation i e�uest for J�e 2, 1966. Se�nded bi► �uncilman Schr�eider. Upon a voice � ote, all voting aye, Mayor Nee declared the motion �arried unanimously. � iy :� ��Y�Y • 1 � � ; • ; ' : . ' :� : � � � � .�� y� ' �� • « �.� � � � � '�� • � i� �,'�� t r. Robertson, Qatun�ity Developner�t Director, stated this is a request for � variance to reduce the f ront yard setback f rom 35 to 9 feet to allow � �nstruction of additionl living space. Mr. Robertson stated the hardship 4 as the house is too snall for the fanily and due to the odd lot shape, it a s difficult to acoomplish anything without a variance. � r. Rs�berton stated the petitioner's house is the last house on Ashton kefore the street curves to the left onto Rice Creek Way. He stated the c urb curves to the west and the right-of-way curvrves to the east causing the 4 xistng house to be closer than the required 35 feet fram the front lot lir� �3pproximately 11 feet). r r. Robertson stated the neic�boring property aar�er to the s�uth had sent a 1 etter irr�icating he had no objection to the variance request. C��mcilman Fitzpatrick stated it seens to be an extrene request to reduce t ze setback from 35 to 9 feet, but that really isn't what is happening. He :=ated the house is setback 33 feet in the middle c� the front of the house. i� e stated the street in front curves off to the west and the property line c.irves off to the east and, therefore, it really is setback quite a ways a lthough, technic,ally, the property line is only nir�e f eet. He stated the F irpc>se must have been to keep the lot out f ran the f ront of the park. T� �TD�N b� Councilman Fitzpatrick to c�rant the variance, VAR #86-01, to x educe the fror�t yard setback frvn 35 feet to 9 feet at 6715 Ashton Avenue i n order to allaa wnstruction of additional living space. Seconded by � . ��♦ f!� �� t YI� • : • CbtuiCilman Goodspeed. Mr. Nc�aman, GYty Attorrrey's Offioe, stated he wanted to make sure the reoord is clear as to why this home can be built closer to the street than the adjoining properties. Cb�cilman Fitzpatrick stated his ratianale is it is not encroaching on the f ront lire c,f the property to the degree it woul.d seen to at nine f eet, but the property line cbes veer aff to the east. Ms. Kelley, the petitioner, stated they have a�►ly an eic�t foot wide dining area and with this two foot ac3dition, it would allow then to walk around their table. She stated as it is now, it is not a oanfortat�le living area. She stated in talking to a builder, they were assured that construction oosts for adding on this two feet would be less than closing costs on a larger hame. UPON A VOICE VOTE TAi�N CN Z�iE ABOVE MOTION, all voted aye, Mayor Nee declared the motirn carried unanimously. C-2 � �RTANC'F RFC)L1FST VAR #86-06 GII�IERAI.LY Il)CA`I'ID AT 6299 LINIVERSITY AVF,TIUE N. E. . BY W. G. DC)'I'Y • Mr. R�bertson stated these variances are for property located in the Center C�ty area at 6299 University Avenue. He stated the petitioner, Mr. Doty, was before the Appeals Commissian in 1982 for the variances and the request was slic�tly modif ied. He stated this iten never we�t to Council, however, as Mr. Doty withdrea his request. Mr. Robertson stated there were some modifications made at the staff level to reduce the nunber of variances required. He stated, by changing the setbacks on the street, it oomes cbwn to a req�st for variances to reduce the driving a.isle frcm 25 to 23-1/2 feet, the setbacks on the yards fran 15 to 10 feet and fran 35 to 30 feet. He stated the adjustments were made in order to allaa the 18 foot deep parking stall. Mr. Robertson reviewed the 11 stipulations staff was prog�sing which a>vered such itens as architectural facac3e modifications and materials, landseaping, signac�, site plan modifications, right-�-way easenents, walkway easement, pa rki ng 1 ot 1 ighti ng, dr ai r� ge pl an, and perf ormanoe bond. Mr. Dave Harris, aarer of the property directly south of this location, stated he wasn`t irivolved in the planning process as notices of the variances went out to the person who was a previous owr�er of the building. Mr. Harris stated his cbncerns are still the same as when Mr. Doty appl ied before for the variances. He stated Mr. Doty's building wouldn't line up with their building and visua2 acoess for tenants in their building would be htocked. Mr. Harris also felt there would be a problen with snow storage in the winter. N�yor Nee asked Mr. Harris if he had a problen with the parking on the -10- �.J�. r!��_ !�. �� ,� : : �iE'Et S1CjC'. r r. iiarris stated he reooc�izes this is a c3iff icult piece of property to c:velop and would rather not have Farking in this area. He stated he really M arits to make sure their tenants don't lose their visual aocess. r r. Doty, the petitioner, stated he appzeciated Mr. Harris' concern. He f:ated he was scheduled to be rn the CA�mcil's agenda two weeks ago and the C �ty Attorr�ey is Dave Harris' partrier and was certain he knew this was on t ie agenda. He stated he really dic�'t want to faoe another p�stponsnent as h� wanted to begin annstruction as soon as possib�le. N-. Doty stated if the building is mv�red back, it creates a problan for the F irking. He stated if the size c� the building is reduced, the economics a:en't there as other o�sts such as sprinkling and lanciscaping would be the s une. Mr. Doty stated one of the things discussed with Mr. Harris was the �: >ssibility af same o�mrtnon parking on the north side o� Mr. Harris' building a x3 the south side o�' his building. M-. Harris felt sane arrangement could be made to grant Mr. Doty six or s�ven parking spaces in their parking lot and he felt this would make the f: ont of th e 1 ot mor e aesth eti cal ly pl easi ng. Mr . Doty sta ted if he can ge t e iouc� parking fram Mr. Harris to satisfy staff, he would have no objectian. M �yor Nee thought perhaps something may be worked out that would be a:ceptable to both Mr. Doty and Mr. Harris. Mr. Doty and Mr. Harris stated t �ey would be willing to try to axne up with a solution. M►TIDN b� CotmCilman Goocispeed to table this item to the next meeting on J me 2, 1986. Sea�nded b� Coimcilman Fitzpatrick. Up�n a voice vote, all v�ting aye, Mayor Nee c3eclared the motion carried unanimously. M►TION by Councilman Schneider to receive the minutes of the Planning G��nission Meeting of May 7, 1986. Seconded by Councilman Fitzpatrick. U�on a voioe vote, all voting aye, Mayor Nee declared the motion carried u� �animot�sly. 6. �)NSIDERATION OF APPROVING THE SHARING OF EXPENSES ASSOCIATED WITH L�'IGATION FOR MIDTRUNIC. INC. At�ID OI3F1N CORF�?RATION: M. Rr�bert Johnson, Anoka County Attorney, appeared before the Council r� �ga rdi ng th e O�imty' s req uest f or ti� e C� ty to pa rti ci pa te i n th e co st s f or ti e Mec3tronic and Or�n tax appeals. M� . Jahnson stated in the case c� the Medtronic and Onan tax appeals, the Cc unty is facing an unusually large and complex tax litigation with s� bstantial ctists invalved. He stated it is a situatirn where the Gounty is a; king other erttities to share in the litigation costs which will have a dd rect effect m the City` s t�xes. He stated they are making a similar r� quest to the schoc�l district. M� . Jahr�son stated he has spoken with tr�e Qty Attorrrey and worked with him -11- �.�� _ fl�� _��. � t! i ' ' during preparation of the tax appeal, and wi11 continue to work with him throughout the litigation psooess. Mr. Jahnson stated the Co�ty Board has provided funds up to $70,000 for the litigation in this matter, oontingent upon participation by the City and school district. He srtated it has been suggested a participation based on the City's share of the tax revenue and, in discussions with the City Attorr�ey, 158 was mentianed. In rec�ard to the iosses for the City, Mr. Johnson stated in the Medtronic appeal, there would be a loss of $293,000 plus interest which would probahly bring the total up another $100,000. He stated Medtronic in 1985 asked f or an adjustment in their market value � wer $8,000,000. Mr. Johnson stated he dic�'t have any specifics on Onan as they just requested the value be 1 aaer ed. Mr. Johnson stated the case being ma8e b� Medtronic and Onan was there were wastes oonsic3ered to be hazarcbus ciep�sited on their properties. He stated the wastes have been regnwed f ran the Medtronic properties and Onan has �ntained the wastes. Both Medtronic and Onan are saying these wastes affected their property values sic�ificantly. Cbuncilman Schreider asked Mr. Jahnson if his off ioe was ade4uately staf f ed to handle these cases. Mr. Johnson stated, in addition to his off ice, they have retained the services of an attorney in evaluation matters. Mr. Qureshi, City Manager, stated under mrmal circunstances, the County would f�d this matter. He stated the Cotuicil, haaever, may wish to oonsic3er this request because o� the tmusual nature o� these cases. He stated it is hoped that the O�unty rea�c�izes it would be anly for this one time, if assistance is cRven. He stated the City anly gets 14 oents out af a tax dollar, while the O�unty gets over 25 cerYts and the schoal district 55 cents. Mr. Qureshi stated, on the o�ther hand, the two businesses are in Fridle� and there is ooncern that they pay adequate taxes. Mr. Qures,hi stated he would suggest, if the Council wishes to honor this request, an allocation up to $35,000 be cnnsidered. He stated the Council should be aware this doesn't include the costs for the City Attorney's �rticipation in these cases. NDTION b� Co�mcilman Schneider to authorize the ac�ninistration to allocate up to $35,000 to be used at the rate c� 15$ of the v�sts borne ty the Anoka ��ty Rttorney's Office for outside consultants in carrying forth the defense c� the Medtronic and Onan tax appeals. Seconded by Councilman Barrette. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. QONSIDERATION OF AtT�HORIZING AI�ID SELECTING A CONTRACTOR TO PERFORM SOIL �v';�.,�'T'IGATION FOR THE FRIDLEY ALTI'0 RFX,YCLING CErT�ERS• Mr. Robertson, �¢ntmity Developnent Director, stated Section 205.17 of the City Code provides that the City may require the owners of the auto recycling ceriters to o�nduct tests to shaa adherence to pollution control -12- �..��. YIDi �� . �dtzda rdS. �r. Robertson stated staff is reoommending Braun Engineering be hired to �onduct soil samples and b�rings at four locations alang 73-1/2 Avenue. Mr. ialuptzok, aaner � San's and Bargain A�to Parts, stated they have addressed � �l� t3�e tity's o�noerns, as outli�d in letters to then, and are proceeding .o solve these pco4lems. He stated he has met with the Rioe CYeek Watershed �istrict, the �bllution C;�rittal Agenc.y, and Mr�AP. He stated they have oil �nd antifreeze in their soil and would recommend excavation of all �ntamirnted soils and replacement with clean soil. He stated, at the >resertt time, oil, gas and antifreeze is not classified as hazarcbus waste. ;1r. Haluptzok stated he felt they already knaa what wastes are in the soil ��nd to have these tests d�ne would be spenciing $4,000 to no avail. He f el t � he worst thing the PCA would tell then is to excavate the soil as they ,lready knaa the results. + btmcilman Schneider stated without the soil tests, how would they know � here these wastes are located and haa deep they go into the soil. Mr. ] al uptz ok sta ted y ou can tel l beca use th e soil is di sool or ed. � �uncilman Goodspeed stated he would take Mr. Haluptzok's word they can tell r here the ail is located, t�ut would th� be checking f or o�ther things. t r. F`lora, Riblic Works Director, stated what was requested was to test for c il oompo�.mds and to check for eight heavy metals. He stated it should be c etermired if there is oonta¢ninatian and to what exterit. Mr. Flora stated � E there is extensive a�ntamination, ways to elimir�te this should be found :� i t i sn' t a aonti nui ng prohl en. r r. Flora stated if the Co�cil apprc�es the request frcm Central Auto Rarts t ��se Zt�rin (�ty Testing, the City would reregotiate the oontract with Bra� E zgi r�eeri ng f or ane 1 ess site. r)TION by C,ouncilman Schneic3er to reoeive the letter from Harold Haluptzok c ited May 16, 1986. Seo�nded b� Co�cilman Goodspeed. Upon a voice vote, G L1 voting aye, Ngyor Nee declared the motim carried unanimously. N:. Haluptzok stated if Central Auto Parts engages �ain City Testing to c�nduct the tests the City desires, he would also like permission to hire t�is same firm to conduct their tests. He stated they are able to get t�tter bids than the City. N�. Qureshi, City Manager, stated the City would have no problen with C�rrtral Auto Parts and 5an's and Bargain Auto Parts hiring Z1ain City Testing t> cnnc3uct the soil tests and borinc}s, as long as they work with staff on t ie prog=�n and scheduling. ' M•. &nick, Oer�trai Auto Fhrts, stated Ztai.n City Testing did some tests for t �en in i9H2 beca use th ey k•onder ea i f th ey had a pol l uti ort pr obl en . He s.ated the su�a�ary c�f the test results was the� dicfi't have a problen. He s:ated they are recycling their oil and antifreeze and couldn't have -13- ��1�� -y_171�- 1�- • �i : • oontributed to any prolalens on their site. Mr. Buzick stateci they would like to engage Zwin City Testing as he felt they aould get a reduced cost. He stated he di�'t want to have to o�rxiuct these tests each year, if there wasn't a prob�len. I�DT7AN by O��cilman Sc�neider to authorize the ac�nirustration to work with the owners of Bargain and San's Auto F�irts and Central Auto Parts and f or these businesses to englcy Zwin City Testing to develop and manitor testing of their sites and establish a schedule for tests for this time and the fre�uency � re-testing in the future. Further, that ?lain City Testing respond with the first test results within 60 days. Seconded b,� Councilman Goodspeed. Llp�n a voioe vote, all voting aye, t�yor Nee declared the motion carried unanimously. The awners of these properties, Mr. Buzick and Mr. Haluptzok, were in agreanent with this motian. �• 1� x�s � • � ��l�_ 1� . . �� i �� ; � �. �� NDT7AN by ��cilman Schneider to extend the lioenses for San's Auto Parts, Bargain Auto Parts and Central Auto Parts for 60 days. Seconded by O�uncilman Barnette. Up�n a voive vote, all voting aye, I�yor Nee declared the motion carried unanimously. • s_• n�•i •, • � �,�.�� _i a• • n • , �•• �a � s Mr. F'lora, Public Works Director, stated in acoordance with the Sign Code, two tenants of this building have requested a sign on the wall of the build.ing. He stated this is consistent with the Sign Code and would rev��ner�d apprwal. MOTION by Councilman Schneider to approve the sign plan submitted by Hydraulic Specialty, 1131 - 72nd Avenue N.E. Seconded by Councilman Gooc�speed. Upon a voioe vote, all voting aye, I�yor Nee declared the motion carried unanimously. � � _� � � �� . . . . • • � •� i � �• � • • �� : �� Mr. Hill, Public Safety Director, stated a presentation was made m April 21 to the O��mcil by Dr. Schatlmeyer, President of the Greater Anoka County Hunane Society, regarding financial suppart of their project. Mr. Hill stated this Society has been attenpting for some time to establish an operational type h�nane society and has land donated in Blaine and caanpai�s in �ocess to receive finds to build a facility. Mr. Hill stated what they are seeking fram Fridley, and other oonantimities in Anoka County, is a danatian. Mr. Hill stated State statute 343.11 allaas for the City to make an appropriation, not to exceec� 50 cerits per capita, for support of a h�anane sc�ciety. He stated based on this per capita figure, Fridley's cbnatirn would be $15,114 or any ano�a�t the Co�cil wishes to pledge. -14- _1�. � ti�� 4_ • ,�; L]�LI•i� r�'TDx] by Cb�cilman Schneider to adopt Resolution No. 39-1986, with the � namt of $15,000 to be inserted as Fridley's financial support fran the ] 987 budget. Seoonded b� Gouncilman Fitzpatrick. Upon a voice vote, all � �ti ng aye, Mayor Nee decl ared the moti on carried unanimously. 11. � DCEIVING BIDS ADID O�NSIDERATION OF A4�i�DING �NI'RACT FOR STR�Er IMPROVII�fE[�Tr � RQ7ECT. ST 1986-10 (SF�II�OOAT) : r r. Flora, Public Works Director, stated three bids were received for the I�86 sealooating project. He stated the laa bidder was Allied Blacktop in t�e anoLUZt �$115,292.91 and would rec�oRUne� the� be awarded the contract f �r this proj ect. I� )TD�N b� Co�cilman Schneider to reoeive the fnllaaing bids: P llied Blacktop Oompany 1)503 - 89th Avenue N. h iple Grave, NN 55369 ..........................$115,292.91 f .�falo Bituninous E �x 337 fiffalo, NN 55313 ..............................5121.316.71 � ituninous Roadaays 2 325 dedar Avenue NLnneapolis, NN 55407 ..........................$134,421.70 ��nded b� Co�mcilman Barnette. Up�n a voioe vote, all voti ng ay e, May or h:e declared the motioci carried unanimously. N)TION by Co�mcilman Barnette to award the oontract for the 1986 sealooating F roj ect to the low bidder, Allied Blacktop Compa�, in the amount of $ L15,292.91. Seo�nded by Councilman Schneider. Upon a voice vote, all v�ting aye, Mayor Nee declared the motian carried unanimously. 12. S ZNSIDERATION OF ADVEFZTISING FOR BIDS FOR REPAIR OF TRUPIIC HIGHWAY SIC�d1�IS: N�. Flora, Public Works Director, stated the City is proposing to prepare F.ans and specifications to Faint all the sic�als at the intersections and t..e this into the crossaalk marking project. He requested the Council a�thorize the advertise�nern for bicis for this project. N)TION b� Cb�mcilman Schneider to a uth or i z e th e adv er ti si ng f or bi ds f or r:pair of tr�k highway sic�als. Secnnded b� Co�cilman Barnette. Upon a v�ice vote, all voting aye, Mayor Nee declared the motion carried u �animously. 13. ��SOLUTION N0. 40-1986 TRANSFERRING FUI�IDS FROM THE EMERGENCY RESERVE ,p �PAR'PMIIST Z�Q TfiE R�CRF�,TZO� DEPARTMENT BUDGET ( COI�iNUNITY SCHOOLSr SEIdIOR D 20� IN CII�TTEi� M)TD�N b� Go�cilman Barnette to ad�pt Resolution No. 40-1986. Seoonded by -15- ��. 1l�� . � f!i � • O�taiCilman Goodspeed. rDTIDN by ��cilman Fitzpatrick to amend the above resolution by deleting the words "or t�o the Senior Citizen Drop-in Oenter". Seoonded b� Councilman Schneider. Up�n a voioe vote, all voting aye, l�yor Nee declared the motion carried unanimo�sly. UR7N A VOICE VOTE TAI�NN Qd �iE P�IN M?TION, all voted aye, and Mayor Nee declared the motian carried unanimously. -• �' �� :. •� n •� •• • •�� n � .� � .. i� � •. � . .. ..�.� �� -� � x• . .� � • a�� i � � • . � �� . . . . .,1 � �i� �. .. .i� • • �• � �� :• ;� ►1/_�� S NDTIDN b� ��mcilman Schneider to adopt Resolution No. 41-1986. Seoonded b� Cb�,cilman Goodspeed. Upon a vcuoe vote, all voting aye, l�yor Nee declared the motion carzied unanimously. _� • �� • : . . „ . . . . � ,� ' �� _ � � �• �. . •• � , ..••• • ► �• • � • � •� � • � i • •,n a��,� � • . � �� . . ...,� � • ,�� . � . � �. . . . � � • �« . � • � �� •�� ►� �� NDTION by Co�cilman Fitzpatrick to adopt Resolutirn No. 42-1986. Seconded b� Co�mcilman Schneider. Upon a voice vote, all voting aye� Mayor Nee declared the motion carried unanimously. . -� • ,,� • : . . � � . .� . . . . � �� ' • ��n _� •• u • � � •• � •••� • i �� • • •� � • � �•, • i� a�• • � • . �� . . . . .,• • ;�i� _ �. .. ... •� • �� •� NDTD�N by Cbtaicilman Schneider to acbpt Resolution No. 43-1986. Seoonded b� O��cilman Barnette. Up�n a voioe vote, all voting aye, Ngyor Nee declared the motion carried unanimously. �' �� 1Yu1�►1 � �• • NDT�DN b� Go�ci3mzn Schr�eider to �ncur with the follawing appointment by the C�ty Manager: � Karen Nelson 2179 17th St. Nea B ri ghton, 55112 • � c�1 Off ioe N. W. Assi starrt. MV Polioe Dept. (non-exenpt) STP,RTING STARTING SALARY DATE $6.58 Jime 7, per hr. 1986 $1,140.94/ mo. REA,ACES Michell e Zwicky Sec�nded b� Gb�mcilman Barnette. Up�n a voioe vote, all vating aye, Mayor -16- ��► f(171 ��. �i Y i : • :e declared the motion carried unanimously. LAIMS: �TION by Cbtmcilman Fitzpatrick to authorize payment of Claims No. 7898 Zrough 8161. Seoonded b� Cbu�cil man Sch neider. Upon a v oice v ote, all oting aye, Nhyor Nee declared the motian carried unanimovsly. 18. � I E t�TION by Co�cilman Barrette to apprwe the lioenses as sutmitted and as on 9 i1e in the Lioense Clerk's Offioe. Seoonded b� �uncilman Schneider. Upon < voice vote, all voting aye, Mayor Nee declared the motion carried a nanimously. 20. STIMATES: L)'I'ION b� Cow�cilman Fitzpatrick to approve the fallaaing estimates: ;ugene A. Hickok arul Associates, Inc. �45 Indian Nbund �ayzata, M�t 55391 Moore Lake Restoratian Project - Fhase II Fbr March 27, 1986 to April 25, 1986 ..............$1,559.51 ;eoonded b� Co�cilman Schneider. Upon a voioe vote, all voting aye, Mayor �ee declared the motim carried unarumously. �A7oURNI�Tr • !�TION by Councilman Schneider to adjourn the meeting. Seconded by �ouncilman Barrtiette. Upon a voioe vote, all voting aye, t�yor Nee declared th e moti an ca r ri ed una nimously and th e Regul ar Meeti ng o f th e Fr i dl ey Ci ty Cb�cil af. May 19, 1986 adjourned at 11:08 p.m Respectf ully su�►itted, C� rol e Haddad, Wil l iam J. Nee Secretazy to the City Council Mayor .i��. . _. -17- PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on �onday, �une 2, 1986 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Vacation request, SAV #86-01, by Leslie Kohanek of Test Technology, Inc., to vacate an easement for drainage and utility purposes over that part of the west half of the vacated Gumwood Street lying between Block 5 and 6, Onaway and bounded on the north by the westerly extension of the north line of Block 6, Onaway and bounded on the south by the westerly extension of the south line of Block 6, Onaway, the same being 55 - 77th Way N.E. Any and all persons desiring to be heard shall be given an opportunity at the abo e stated time and place. WItLIAM J. NEE MAYOR Pub ish: May 19, 1986 May 26, 1986 1 �. A PLl�t� �IfIG CO'1�1ISSI(1P� ttEETIt1G, NAY 7, 19£36 PAGE. 3 1. PARK FEE OF $750 TO BE PAID PRIOR TO ISSIIANCE OF BUILDIl1 PERIfIT AND MOVING PERMITS. 2. A NE4; DDUBLE GARAGE COIiPATIBLE WITH AOUSE FACAD BE CONSTRUCTED AND TXAT TNE PETITIDNF.R PO.ST A. FORMANCE BOND FOR TNE COMPLETION OF THE DRIVEWAY AF TNE XOUSE WAS IN PLACE. 3. LOT SPLIT TO BE RECORDED A T :�1 COi�NTY PRIOR TO ISSUANCF. OF BUILDIIIG A'VD RiO:'I17G IITS. 4. VARIANCES FOR LOT FROM 9,000 SQ. FT. :'O 8,127 SQ. FT. AND IAT WIDTH f 75 FT. TO 63 FT. TO BE APPRO['ED WI^_'H IAT SPLIT i PON A VO VOTE, ALL VOTING AYE, VICE-CHAIP.PERSON OQCtIST DECLARF.P T!'F C OTI ARRIF.D UNANIMOUSLY. � r, Oquist stated this item would g� to City Council on �1ay 19. 2, i; ��lSIDERATIO'� �F A VACATIOtJ REOUEST, SAV �86-(11, E�Y LFSLIE K�HANFK �F � , '�acate an easement for�drainage and utility purposes �ver th�t part of ihe west half of the vacated Gur.iwood Street lyin� hetween Rlock 5 and 6, Cnaway and bounded on the north by the ti�esterly extension of the north line cf Block 6, Ona�+ay and bounded on the south by the westerly extension of the s o��th 1 i ne of B1 ock 6, Onaway, the same hei no 55 - 71th I•Jay N. f_. "r. Robinson stated this property was located on Gurm��ood St, beta�een 77th �nd 78th, ju5t east of the railroad tracks. The property was zoned M-2, reavy industrial, and was consistent with the other properties in the area. �he proposal was to vacate the utility and drainage easeMents which remain r, ver t��e western half of the vacated Gur�wood St. t111 the road ri ght-of-ways have been vacated in subsequent vacation proceedinc�s. The reasan for t�e vacation was because the petitioner was proposing to construct a r�arehouse/ �3nufacturing type buildinc� to the south of the existing buildin� which woul�i ��croach into the easecient and up to the property line. F��. Robinson stated the utility companies have been contactPd. (There is a gis line and an electrical line.) tlinnegasco has indicated that the gas line i� strictly a private line, and they have no interest in r�aintaining an eisenent. NSP has a line, but they are willing to wnrk with the peti*.�oner kith a private easement and they will be doing some relocation of that line. M�, Robinson stated there was a variance associated ►�ith this project which w�uld go to the tlay 13th Appeals Cormiission meeting and a special use perr�it f�r outside storage wl�ich would go to the next Planning Coemission r�ePtin�. Tie vacation request, variance request, and special use permit request �rould all go to City Council on June 2. M•. Robinson stated Staff was recomrnending the following stipulations: 1 B ° ��ING COtt(1ISSIOti MEETI'!G T1AY 7 1986 Pl+r,E 4 1, Petitioner to provide proof of private easer�ent with NSP over the easterly 10 ft, of the west half of Gurrnvood St. Z. Final vacation approval contingent upon a pproval of side yard setback variance. 3, The east ►vall of the proposed building must be a four hour, full fire wall with no openings. fhe petitioner, t1r. Kohanek, stated the reason they selected the location for the building in front of the existinq huilding instead of at the rPar of the �xisting building was they wanted the loading docks facing south because of inclement weather. It would all be fenced and enclosed. d0'_"IO'7 BY MR. KO�lDP.ICY., SECOIIDED BY MR, SABA, TO RECO.'!MEt�D TO CIT�' CDU:VCIL �PPROVAL OF VACA.^'70!1 REQUEST , SAV !!86-01 , BY LESLIE KOHANEF: OF TEST ['ECH:lOLOGIES, INC. , TD VACATE A1V E71SE1fE'IT FOP. DRAIIVAGE AND IITILI': Y P(.�RPOSES )VF.R THAT PART OF TfIE WEST HALF OF TNE VACATED GUFlR'OOD STREET LYING BF.TWF.EN 3LOCK 5 A"7A 6, ONAWAY AND BDUNDED D?� TIIE NORTH BY THE WESTF.RLY EXTENSIOf7 OF iHF. NORTH LINE OF BLOCK 6, ONAWAY,A!'7D Bl)U.+lDED ON TNF. SOUTH BY THE WES?'F.R7.Y iY�'ENSIOIJ OF TNE SDUTH LIlJE OF BLOCK 6, ONAWAY, THF. SAI1E BF.IflG i5 - 77TH WAY N.E. , WITH THE FOLLC�iIIh'G S^'IPULATIONS: 1. PETITIOI'JEP. TD PROVIDE PP.DOF OF PRI'.'ATE EASEMEIIT WI:'fl NSP O'.'F,R ^_'1tF EILSTERL2' 10 FEBT OF THE WEST HALF OF GUMWC�D ST. Z, FINAL VACATION APPROt'AL C017TINGEl7T UPdN APPi'OVAL OF SIDF. YAP.D SETBACK VARIA�7CE. 3. THE EAST k'ALL OF THE PP.OPOSEn BLIILDING MUS"' BE A FOi.'R HOUR, FUT.L FIRE WALL WITH NO OPENI7r'GS. 1PO.V A VOICE VOTE, ALL VOTIPlG A�'E, VICF.-CHAIRPERSOP� OnUIST AF.CLAPRD TNF. "OTION CARRIED UIIA.�:IlfOUSLY. 3'\, tECEIVE /1PRIL 3 1986, Hl1�tA!d RESOIIRCES CO�it1ISSI��a �tIFJUTES: '0^'I01' S. SHEREK, SECOITDEn BY MR. BE.TZOLD, TO RECEIVE TNL' APRIL 3, 19Rf , �PPEAZ.S CO'1 D': 1?I': U^_'ES . 1POti R VOZCE VOTE, AL TIIVG AYE, VICE-Cf:AIRPF.RSON O�JUIST DF.CLARF•.D _TfiF. fOTIO': CARRI£D UNANIrfOUSLY. 4. ZECEIVE I�PRIL 10, 1986, HOl�SI�� L R OPt1FPJT At1THORITY MIf1t1TES_: fOTIO!1' Bl' MR. KONDRICK, SECONDED B�' MR. BETZOL , RECEIT�E 7'NF, APP.IL 10, 1986, iOUSII�G 6 REDEVELOPMENT AUTNORITY MINUTF,S. TpON A VOICE VOTE, ALL VOTIR'G AYE, VICE-CHAIRPEP.SOl: C�UIST DE D TllF lOTIO."r' CARRIED UNANIMOUSLY. 1 C LESLIE K�HAP�IEK SaV #'-36-01 �TIPULATIO�JS �, PETITIONER TO PRIVIDE PROVIDE PROOF OF PRIVATE EASEMENT WITH P�SP OVER THE EASTERLY �O FEET OF THE WEST I�ALF 0� GUMWOOD STREE7� �� FINAL VACATION APPROVAL CO�JTINGENT UPON APPROVAL OF SIDE YARD SETBACK VARIANCE� �� THE EAST WALL OF THE PROPOSED BUILDI�JG MUST BE A FOUR HOUR, FULL FIRE WALL I�lITH NO OPENINCS� �` a�� .•.'; . 'S �s � � s •�t J r •i �� • � � � _ • �R� a .a � � • • L��_ � _ ♦ «:».��' . K�' s � ': '' � ,. 14 s r y • ��r s \ � �� j . Z ,.r �. �. �u � L1' ! � O ��0 �� 0� � t 'i �` � � a ; � • � " a � �� Z / � ; LiBERTY ST W ,�� aG ti� 6 = z . ,� Q Y Q � IOHGF � LOW a � � �e � � .� � Z . .'.,`. '.'i .'.�;.'I s7a \ • r � ; • • • • �, ♦ . '' E -_ •r •`�; T y�� - � � •�• • � '''��r 1 )� •i •� • -�• • la�� . • raa�� -v,� � • 6� . . . . . . . . . Y. : , � , ':ti; �: '.•. r..�..z... ...•.•.•. .. 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' _� � � }� . � . � ' . . �i • � ' i � ! : ` . ` '� i � ? ?Z 7 ��° � 8 PEAf'SA�S. �``` .'"'"� �� e � v � , ..,. i � � -� , W � : : � . , , O �1 - ,!�" .� . • �� : � • zs ; - �� . � ,t . . � � �y � � ;' �� '�� . i, :., , �, .. • ,J . 2 ND � '\ ' . � � ,...: • ,�, r ,�. .. , . - , �, �; , , . . � , , I 1 is .�/ • � ADD. � � �� 1� � ir 4c '��fi�` '�-' �\ � � � -72TH {� - �'�.a,., t� . .. - - - - ,.. \ LOCATION MAP � � � � 2 � TBTH AVENUE N.E. -�--z.�"- .��, - ---- ' �.,.,... .�, � ....,, / \ � �� ' I �,, � � \ .�'easoz, \ " . \ � i ,!._ _ "" 1 +\ ` y� � �\ -�— - -- -- \\ — _ _ _ _- - � 3 \ 1 \ � �� \\ �,,;;� -�--- — — �•+ - -�--- — -��;,�., - --- � ` � !'i. ' %�, , w \ ;; � ;r;: ,. I � , ; , � � .' \ ; \ f�%'r ,'�� -_ — �. �.: � ;;� i'�� ''� ,�� U5 ' �l:'� � : � � ', j. � �� ;/ ;�� .`2. � _ -�:�� -- - •«, \ 4 i+ � .« � � 5 � y �«,. , � \ \ ; � ;% �, a; t ,' ` „�.... .. ' - - -� - -- � f� -� ..... �� \ i ..�. ±. � '�ro e ` i�..1 \ :e,.�i \ ;,•, , � � \ � �� :y:�� ` NI ` .. '�` �` �t �\ rii 1. I �W�. ..... � . � �' �� ` `� ro__.. ,o \ S . �S ' \ `.� , � i \w.s °t �• .\. � Q� ' , - j -�''- • �'"5''°+'y-- o v -': r� � �i �,i Y i •\�� . � O a� ��` � �� ` �` �`•e..ew L 1 � \�.%eu ��/ j� �` \ .M � �t t Z� �, �2 � � t1'' i ,: • , � „ �. � � . : , •, e�. ^ ' � i �', : ,;\ ;1 \ . �� { \ q � � � �� - �1= } _ �, , � ', , �, ` � � ,� -- -- � �. -.�. � ' � v, '�, r� �� s ,, o 'j \�� ' `, : � � ,\ , . . 90 � �. � , � � L m a � '� � � ' � , � ° ,\ ` � � ' ``. \ `; �n�� -�-...:_: -23 OI- 5 99' S5 45 E • 77TH AVE. N.E. 1 F Por}:p„� o� (�uwtiWOo VuGo��¢ol i v� i q ��i , G;�� t�,��.:�5 k�,�;� An� d�rA�ro�o�,� t � �-N�F.v�� Sa l�or�iov� t%-� Eauw�woc� vo,cc��Ca+ i,n � a ��j . C�}� ��a;rS u�;(��c� ea s�vv�F,v*�- o h �(,,Q, �c 5l 30 �ee..-�. 5. 6. !�.. � r� _� �.. •, : �; _ ZZ� ;,o�cilman Schneicier felt it would be costly for landlords to ;hese standards and questiored the enforanent. He felt the or it}� r►a�r has is reasonattle. � f orm to nce th e �DTIOt7 by Co�cil�ran Schneicier to table and refer to staff o determine the �ona�ic and enforcenern imFect. Sec�nded by Co�cil oodspeed. Upon a ►oice vote, all voting aye, Mayor Nee declared e motion carried u�a nirr.ot.LSly . . bTION by Councilman Fitzpatrick to eb the public hearing on the �eco;zr�ended changes in the City Ch er for r'�ay 5, 1986. Seconded b}� :oimcilman Schreider. Upon a voice e, all voting aye, NHyor Nee declared :he notion carried unanirr.ously. , �. � UTIOtJ b�• Go�mc' .an Goaispeed to reoeive the letter of withdrawl of special Lse perr.it, SQ 66-01, tr1� t1�e �titioner. Seoonded bs� Go�cilman Schr�ider. '�ron a voice� ote, all voting aye, Mayar hee declarec the motion carried u�rur.ous . ••�,�i.: :�-::� �• �• • ;• ; ; �ON trl Co�mcilman Sc�,neider to direct staff to sutr:�it ordinar�ce chanye:..� � or the AFril 21 meeting recarding ci�:}� care centers on arterial streets. 3. �:SIDERATIO"'_9F A SPECIAL USE Pt'�iF:IT�P �86-02 �� Zl� AL.ID�ti A �, � ; �� • �� I�IZ ��I�� ` , : � �� Sr. Flora, Public ir'orks Director, statc�3 this is a requeyt for � speci�: �c. �errr,it to alla.� a notor v�icle fuel and oil dispensing service and a cc�r ��2sh estatlish�ent at 5300 Central Avenue N. E. He statec the �titi��c:. �lans to za^.vve the existino structure as it is oontinually s�ttliny ca�.ir�<; �tructural probl�s. N�r. Flora stated they propose to reduce ti,c uccc::.:. � �nto 53rd to LT.FLCNE the traffic fla�. lr. Flora stated the Planning Carr�ission reo�m*�ended approval af t�,e s�::i�..l �se perrr�it f or the r�otor ��icl e f uel and oil di s�nsi ng �serv ice k i tr, �i r. ,ti pul ati ons, Mhich he outl ined. He statea, at thE same neeti nc, tn e �lanning Cor,s-,ission recorTr.ended deniGl of the special use permit tc allcw; he motor v�icl e wash establ ish¢nern.. He statea the Catrii:sion f el t tr,e c�: r ��ash would ha�e an irr.�ct on t'tie traffic in thE r�ighbothood. He statec t:.e >perator of another car Masn adj�cent to this site indicated the prc�l�.-:. -3- 2 ��J►► r _� �•• � ; �: •:. with traffic in the area. Mr. John Kosnas, I�C Design, stated they are doing the design work for Q Petroleun. He stated they had a study done through a wnsulting firr� to try and establish the increased valune o� traffic. Kr. Kim Anderson stated a n�nber of studies were done and this �articular Q store has a relatively low valune of traffic. He stated they looked at the �igher vol�ane stations which service 50 to 90 cars per hour, and this �tation operates at about 30. He stated the car wash would generate �irtu311y no additional traffic itself. He stated most cars would be o�ming :o the station for cps as their first priority and then �ing the car wash. ie stated they are estimating 30 cars per hour for four hours of the peak �eria3s and this would be about half the daily volume. He stated, assuQning i 20� increase and that sane would make use of the car wash, there would be �n additional 12 to 15 cars per hour which is�'t a high volune. ".r. Kosnas stated they would be eliminating one of the exits on 53rd and �iagot�a:lly placing the p�nps to imprwe the traffic flaa. b�cilman Fitzpatrick stated his ooncern is increasing the n�nber of cars :xiting frcr� the servic� raad. He stated turning left from this exit is �lmost ur,Fossible. ':r. Kosnas stateo one of the atte�pts to oontrol this is the positioning of he p�;ps and to try and mave the exit farther west on 53rd. �ayor ree stated the City has, in the past, traded land and vacated ight-of-w�• along Highway 65 to prwide a loopback. He stated this solves �rc,bla�s for the o��ity and, in a wa}�, imprwes exposure and acce�� f or he business. !'r. P'arlen Besler, President of Q Petroleun, stated they wished to consider his ottion, if the Gity would approve the car wash. He stateC they are , nxious to work with the City to resolve this issue and improve thei r ; bilit�� to oc�mpete as a business. tayor Nee felt this arrangement would be good for Mr. Be�ler's busine:::. � hether oz not the car wash was apprwed. c �lmcilman Barnette felt if the City was going to consider a loopback, a epresentatives of �inbers should be included in the discussion. P r. Flora stateci it would be several weeks before they could arrange to havc i epresentatives of Q�troleu;� and Dnbers meet rc--Carding this proFosnl. t�TIO?� tn� Co�cilman Goodspeed to refer this matter to staf f f or « repor t i egarding a possible loopback at this location. Seconded by Councilmar� ::hneider. Up�n a voice vote, all voting aye, Mayor Nee declarea th� motior. c 3rrieci unani�:ously. F rs. Br�nnon, 1622 Innsbruck Parkway West, stateu they had cott�nents wr:icr, -4- 2A ��J�,, r� �l �u �i : �:_ :. 2 B �ere pertinent to the variance and if the design changes so would thei r �or,a�ents. ��.r. Brannon asked to be notified of any meetings where a loopback would be iiscussed. - ,-------r---• � i y� i� �• 1 �i� 1! �_-\. � 1t�� ':. C-1. VARIANCE UE.ST TO RIDUCE THE RDQUIRID IDT SIZE, �ARKING S�iBACK GENERAIS,Y IIJCATID AT 5300 CII�TTRAL AV�t1UE N. E. . BY MARI�II�I R. BFSL�ER: � , rDTIDN by Gouncilman Goodspeed to table this item. Secon d by Councilman iarnette. Upon a voice vote, all voting aye, Mayor Nee clared the motion :a r ri ed unanimously. � C-2. 1r. Flora, Public Works Director, stated t petitioner has asked two �ptions be reviewed for his varianoe request. He stated the first oYti�n is :o reduce the side yard setback f rm 15 to feet and reduce the ariving �anes frcm 25 to 20 feet and the second ion is to reduce the �rkiny �equi renern f rm 32 spaoes to 26. �tr. Flora stated in order for the peti oner to build the size structure hc :c-�.ls is ec�onanically feasible, he w d need a side yard variance or reduce :he n��ber of parking stalls. �lr. Flora stated the Appeals Co� ssion failed to recor�nend approval of the �ide yard setback and tY�E set , to reduce the driving aisle b� a 2-2 vote. ie stated the Appeals Comr��i ion recommended denial of the variance to �educe the Farking stalls fr 32 to 26. He statec3, therefore, both options �or the variance request ailed to receive approval from the Appeals :,o.�i ssi on. �tr. Vergil Florhaug st ed his mmpany has been in a leased f acil ity ancl �ave outgra:n the f cility and decided it was tin,e to build their vwr� x� il di ng. dr. Florhauo sta ed some menbers of the Appeals Commission felt he h�d :reated his own ardship and that was the reasan for denial. He stated the �ardship will ver go away as the soil conditions are bad and it will cost �bout 520,00 to oorrect these ctinditions. He stated the building will be i professio 1 building and his oompary would be using most of the s�c.e. �yor Ir asked Mr. Florhaug if he had any discussions with the propert}• �wner the north regarding his plans. He stated he has not hod anY ?isc ions with then �ncerning this issue. -5- 2C �NIWG COMIIISSION MEETItJG, h1ARCN 19, 1986 PAGE 7 Ms. Gabel stated she was a little uncomfortable with the Planning Coruniss' determining a number for the simple reason that they do not know anyt ' g about this day care operation and what it takes to have a successf operation. t4r, Betzold stated that by recommending a number, they are cing the issue of numbers so the petitioner a�ill have more inform on for the City Council's review. Mr. Saba stated that because of the traffic co rn, he could not even agree rrith 45 as a maximum number. UPON A VOICE VOTE, KONDRICK, GABEL, BETZOLD VOTING AYE, SABA AND WELLAN VOTING NAY, CXAIRPERSON GABEL DE D THE MOTION CARRIED BY A VOTE OF 3-Z. MOTIDN BY MR. BETZOLD, SEC ED BY MR. KONDRICK, TO RECOMMEND TO CITY CDUNCIL TiIAT THE CITY COUNCIL SIDER BOTH STREET LIGHTING AND SIGNAGE FOR Tf1IS PARTICULAR NEIGHBO D THAT WOULD BE COMPATIBLE WITIi THE OPERATIQN OF THE DAl' CARE FACZLI T . UPON A VO VOTE, BETZOLD, KONDRICK, AND GABEL VOTING ��t8, SABA AND WELLAN VOTIN AY, CFIAIRPERSON GABEL DECLARED TNE MOTION CARRIED BY A VOTE OF 3-2. � . Gabel stated this item would go to City Council on April 7. `_ 2. PUEiLIC HEARING: CONSIDERATIO�� OF A SPECIAL USE PERMIT, SP #86-Q2, BY � PETROLEUt1: Per Section 205.15.1, C, 5 of tf�e Fridley City �ode to alloa� a motor vehicle fuel and oil dispensing service, and per Section 205.15.1, C, 6 of the Fridley City Code to allow a motor vehicle wash establishment on all that �art of Lot 12, Auditor's Subdivision No. 155, which lies Easterly of a line parallel with and distant 351 feet Westerly from the East line of �ection 23, T-30, R-24, Anoka County, Minnesota, and the South 20 feet of that part of Lot ll, Auditor's Subdivision No. 155, which lies Easterly �f a line parallel with and distant 351 feet Westerly from the East line of �ection 23, T-30, R-24, Anoka County, Minnesota, except that part thereof :aken for Highway, the same being 5300 Central Avenue I�.E. �OTION BY MR. SABA, SECONDED BY MR. WELZ.AIV, TO OPEN THE PUBLIC NEARING. 7PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC ►EARING OPEN AT 8:47 P.M. ir. Robinson stated the zoning was C-3, and the surrounding properties were �lso zoned C-3. Ir. Robinson stated the reason the petitioner was applying for a special use �ermit was because of bad soil conditions.The present building was continually ettling causing structural problems. The petitioner planned to remove the �resent structure, but in doing so has to meet today's codes. Four variances ��ere heard by the Appeals Comnission on March 11, and the Appeals Comnission iade some specific recommendations regarding those variances. PLl1r �ING COPIMISSION �4EETING, �1ARC4i 19, 1986 PAGE 8 P1r. Robinson stated the layout was quite different from the old layout in that the building and the pumps would be situated at an angle on the property in order to improve traffic flow. Also to improve traffic flow, they have closed the existing easterly driveway onto 53rd Ave. The City has also asked for green space and landscaping with automatic sprinkling in order to bring tF�e property up to code as much as possible. Hr. Robinson stated the Appeals Commission decided the addition of the car Nash added to the variances for the site so they recommended sane reduction in the rear yard setback and the front yard variances to allow for more �reen space on 53rd Ave. The petitioner has revised the drawings to meet these requirements with the car wash still included. 1r. Robinson stated Staff was recommending the following stipulations: 1. 2. 3. 4. 5. Petitioner to obtain approval and implement a landscape plan. Petitioner to obtain approval and implement a storm drainage plan. Petitioner to submit a performance bond to cover the site improvements. Protective measures to be implemented to mitigate or destabilization of surrounding property. An approved utility easement across the northerly property to be granted to the City. any erosion portion of the 2D 1r. Betzold stated the first variance regarding the size of the lot had to �e granted because if it was not, nothing could be built on the lot. It ias possible to construct the building without any other variances, but the �etitioner wanted tf�e building constructed at an angle for visibility of .he gasoline pumps from the building. The Appeals Cormission expressed some :oncern about overbuilding on the lot, so they tried to reduce the variances �ecause they thought a smaller building would be more appropriate. 7hey ried to avoid the car wash issue. Ilr. John Kosmas, KK Design, stated the car wash would be a full-service, oll-over car wash. It was a convenience-type service connected with the �ale of gas. It would not be promoted as a single source business. 's. Gabel asked about stacking space to get into the car wash. fr. Robinson stated he did not think Q Petroleum was anticipating a heavy kse of the car wash. There seemed to be enough stacking room for four cars rithin the driveway itself. �s. Gabel stated she shared the same concern as the Appeals Comnission in that �his seemed like a good deal of overbuilding on that lot, �r. Kosmas stated one of the objectives his firm had in serving Q Petroleum aas to loosen up tl�e whole site. To him, it appeared more congested nov� �han it would with the new proposal, The new proposal would open the site �p for more visibility. 2 E PLAI PJIf�G COMMISSIOP� MEETIP�G, MARCN 19, 1986 PAGE 9 ttr. Robinson stated the Y�riances seemed like an extreme request because of the zoning, C-3. Actua'lly, if the property was zoned C-1 or C-2, there would be no need for any variances because setbacks and lot area would not be nearly as severe. Mr. Kosmas stated that in conversations with Q Petroleum, he gave them some alternatives: (l� maximize back to retail; (2) go with a car wash of a little different size which wo�ald allo►� them �o increase the retail; (3) go with a car wash in tliis combination with a dryer. Q Petroleum preferred the car wash with a dryer and the scale of the retail was reduced to accor�anodate it. '�r. Rod Qrannon stated he owned the car wash imnediately to the north. He stated he was not opposed to the variances that allowed the rebuilcling of what �as there now, but he was opposed to the addition of a car wash to that building �rhich was more than they had before. '1r. Qrannon stated t1�at approximately one year ago, four variances were approved by the City to build tl�e Pickwick building, f�e had expressed concern tfiat tlie City was taking a building twice the size of his building and a lot �alf the size of his lot and granting a variance to move that building from �0 ft. to 5 ft. from his property line. Now the Pickwick building sits right �n his property line and virtually screens his entire business. He was supposed to f�ave ►vorked with the owner and the City on the landscaping, but to this day ie has not been contacted by eitlier party. Eight pyramidal arborvitae we►•e �u � i;� �►'�i c.� n�� ! ake up another 15 ft. and screen more of hi s property, and �here r�as an oversized dumpster pad. So, nine �nonths out of the year, his �usiness was not visible from 53rd Ave. He stated his business was down 25%. ie stated this might rot be germaine to this disc�ission, but he has seen a�hat �our variances the City approved i�as done to his business. He stated he would =ic�ht this on the basis that city ordinances were for the protection of every- �ody and to take into consideration the rights of everybody. The City has to �sk itself: Is this proposal in the best interest of all its neighbors? From �is standpoint, the answer was "no". ts. Gabel stated that regarding t}ie landscaping, Staff was going to have to �et together with Nr. Brannon to work something out. She remembered the tipulations that were nade on those variances, and there should be some 'ollow-up on then. Is. Dorothy Brannon stated she thought the car v�ash was goinc� to add to the raffic. She was sure Q Petroleum wanted the car wash to attract business. f the car wash was successful, she did not think there was adequate stacking oom for it. If it was not successful, then ►•�hy add a car wash? When the �riginal Q Petroleum building r�as constructed, there v�ere not a lot of rules �nd regulations on landscaping, tJow the City had an opportunity to upgrade I�e landscaping, and she did not see tlie City doing that by allowing so r�any �ariances which, in turn, then allows the car wash which competes with a tusiness already estabiished in the immediate area. She agreed that this �roposal would be an improvement over what was there now, and there was a need �o upgrade this corner. She was .just not sure that this corner could support rore traffic, and she felt the lot was already overbuilt. With a cai� wasli, ihere was going to be a lot more traffic in and out. 2F PLN NIt�G C0�1�1ISSION ��1EETIPJG, PiARCN 19, 1986 PAGE 10 MOTION BY MR. KONDRICK� SECONDED BY MR. WELLAN� TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CIASED AT 9:30 �.M. MOTION BY MR. KONDRICK� SECONDED BY MR. WELLAN� TO RECOIJMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT REQUEST „SP #86-02� BY Q PETROLEUM, PER SECTIDN 205.Z5.1� C, 5 OF THE FRIDLEY CITY CODE T1D ALLOW A MOTOR VEHICLE FUF.L A1VD OSL DISPENSIIJG SERVICE AND PER SECTION 205.I5.1, C� 6 OF THE FRIDLEY CITY CODE TO ALLOW A MOTOR VEHICLE WASH ESTABLISXMENT� WITH THE FOLLC?WIN6 STIPULATIONSi 1. PETITIONER ?'D OBTAIN .APPROVAL AND IMPLEMENT A LANIISCAPE PLAN. 2. PETITIONER TO OBTAIN APPROVAL AND IMPLEMLNT A STORM DRAINAGE PLAN. 3. PETITIONER TD SUBMIT A PERFORMANCE BOND TO COVER THE 5ITE IMPROVEMENTS. 4. PROTECTIVE MEASURES TO BE IMPLEMENTED TO MITIGATE ANY EROSION OR DE� TABILI2ATION OF SUkROUNDING PROPERTY. 5. AN AppROVED UTILITY EASEMENT ACROSS THE NORTHERLY PORTION OF THE pROPERTY TO BE GRANTED TO 2'HE CITY. 6. PETITIONEP. TD WORK WITH CITY STAFF ON TXE LOCA'lION OF THF. DUMPSTER. �is. Gabel stated that as far as traffic, there has been a lot of traffic in the past, and there will be a lot of traffic in the future. She was in favor �f tearing down the old structure and putting up a new one and cleaning up the area. She did not like the idea of the addition of the car wash because �f the potential for additional traffic. �Ir. Saba stated he felt the car wasf� was going to be a big draw to the �usiness, and he was opposed to the car wasl� because of the extra traffic tfiat would be generated because of it. IP011 A VOICE VOTE, KONDRICK AND 6JELLAN VOTING AYE, BET20LD, SABA, AND GABEL IOTING NAY, CHAIRPERSON GABEL DECLARED THE MOTION FAILED. 20TIOfd BY idR, BETZOLD, 5ECONDED BY MR. SABA, TO RECOMMEND TO CITY COUIJCIL �PPROVAL OF SPECIAL USE PERMIT RE()UEST, SP #86-02, BY Q PETROLEUM� PF.R �ECTIOl1 205.15.1, C, 5 OF THE FRIDLEY CITY CODE TO ALLOW A MOTOR VEHICLE 'UEL AND OIL DISPENSING SERVICE ON ALL THAT PART OF LOT 12, AUDITOR'S �l13DIVISION NO. 155, WHICH LIES EASTERLY OF A LINE PARALLEL WITH AND )ISTANT 351 FEET WESTERLY FROM THE EAST LINE OF SECTION 23, T-30, R-24, WORA COUNTY, MINNESOTA� AND THE SOUTH 20 FEET OF THAT PART OF LOT 11, IUDITOR'S SUBDIVZSION NO. 155, WHICH LIES EAS TERLY OF A LINE PARALLEL WITH WD DISTANT 351 FEET WESTERLY FROM THE EAST LINE OF SECTION 23� T-30, R-24, INOKA COUNTY, MINNESOTA, EXCEPT THAT PART THEREOF TAKEN FOR NIGHWAY, THE �A14E BEING 5300 CENTRAL AVEP7UE N.E. , WI°_'H THE FOLZAWING STIPULATIONS: 1. PETITIONER TO OBTAIN APPROVAL AND IMPLEMENT A LAND5CAPE PLAN. 2. PETITIONER TO OBTAIN APPROVAL AND IMPLEMENT A STORM DRAINAGE PLAN. 3, PETITIQNER TO SUBMIT A PERFORMANCE BOND TO COVER SITE IMPROVEMENTS. 4. PROTECTIVE MEASURES TO BE IMPLEMENTED TO MITIGATE ANY EROSIDIJ OR DESTABILIZATION OF SURROUNDING PROPF.RTY. INIPlG COP1tdISSION MCETI�JG, MARCH 19, 1986 PAGE 11 _ 5. AN APPROVED UTZLITY EASEMENT ACRCISS TXE NORTf1ERLY PORTION OF THE PROPERTY TO BE GRANTED TO THE CITY. 6. PETITIONER TO WORK WITH CITY STAFF ON THE IACATION OF THE DUMPSTER. UPON A VOICE VOTE, BETZOLD, SABA, AND GABEL VOTING AYE, KONDRICK AND WELLAN VOTING NAY, CXAIRPERSON GABEL DECLARED THE MOTION CARRIED BY A VOTE OF 3-2. MOTION BY MR. BETZOLD, SECONDED BY MR. SABA� TO RECOKMEND TO CITY COUNCIL DEIJIAL OF SPECIAL USE PERMIT REQUEST, SP #86-02, BY Q PETROLEUM, PER SECTIOlJ 205.15.1, C, 6 OF THE £RIDLEY CITY CODE '110 ALI�OW A MOTUR VEKICLE WASH ESTABLISHMENT ON ALL THAT PART OF LOT 12, AUDITOR'S SiTBDIVISION NO. 155, WHICN LIE5 EA5TERLY OF A LINE PARALLEL WITH AND DISTANT 351 FEET WESTERLY OF A LINE APRALLEL WITH AlJD DISTANT 35I FEET WESTERLY FROM THE EAST LIPIE OF SECTION 23, T-30, R-24, ANOKA COUNTY, MINNESOTA, AND TNE SOUTH 20 FEET OF THAT PART OF LOT 11, AUDITOR�S SUBDIVISION ND. I55, WHICH LIES EASTERLY OF A LINE PARALLEL WIT'H ANL DISTANT 351 FEET WESTERLY FRO1f THE EAST LINF. OF SECTION 23, T-30, R-24, ANOKA COUNTY, MINNESOTA, EXCEPT THAT PART TXEREOF TAKEN FOR HIGXWAY, TNE SAME BEING 5300 CENTRAL AVENUE N.E. UPON A VOICE VOTE, BETZOLD, SABA, AND GABEL VOTING AYE, ICONDRZCK AND WELLAN VOTING NAY, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED BY A VOTE OF 3-2. 1s. Ga�el clarified for the petitioner that the car wash was a per►nitted use Nith a special use permit; however, there were commissioners who felt the �ar wash was a safety hazard because of traffic concerns. �1s. Gabel stated this item would go to City Council on April 7. ...�� 3. 2ECEIVE I�ARCH 4, 1986� ENERGY PROJECT C0�1t•1ITTEE MIPJUTES: ` � �OTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO RECEIVE THE ?NERGY PROJECT COMMITTEE MINUTES. � IpON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON 'ARRIED UNANIMOUSLY. � ;ECEIVE M.aRCH 11, 1986, NPPEALS��fISSIO�� MI��UTES: , 1986, D THE MOTION 2 G .!OTION BY MR. BETZ , SECONDEA BY MR. KONDRICK, TO RECEIVE THE MAR. 11, 1986, . �PPEALS COMMIS � MINUTES. �PON OICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTIOII �' IED UNANIMDUSLY. - . •'.. •, � • : � 4•, - �� , ••�j�_ � – �i � ��iw. UBDI�'ISION '••� � T -F � .. , .� , . , �� l�� sa;� _ _ _ � _ _' � ' � �� D' fJ it ' . 1 - ' ' ---- M - 1 �� I �� '�� y- �— --- � � � �°'� 2 H r . .� � -..�,. ; ; � .. � � . � � , �. . �,. : _,` � 1It — — ---.---_ �--� ' �� _ .. - , • . ..... � 1 � w "�� _ . �-_�-�_ � a t .r .t " - � ; p . . r � � , - � .�� --�_ - , �' •.Ir1.�4,..`� � ; �-�-z � : i. '�,. �v- ��r � v at � �. >. - I �� //..771r / � •� � . •, •�,, � � D: ^J. ��_ 4� ' - . �� R � ,-l�� • : �� ;� � �s. �,— � ' � � � � .,r,�,. n . � �� :. ' �.} �� _ _ � xi . �� =l.e„ � � � : '+ � � � ' ' � ' � J? ' . r ' 65 1 ; ' 701 ! ��.:= -� ' ' �y� 69 I 8 � '� �� . • . --.� _ ,' , �,. � � c� :=,�.,- ii� � ,� 690 � . , � : '�-�•. ' � w • r�s� � w� .�, - ti rr ii �� H Y � O• r. � r' —f � � � � � i : � t .. `� �}x . � � �`. �41 '� l 1 � c �� c = � n , � -• n�� r � � �� i /� � , � •�ii�M I 11./)�j L (�t�� ' � 1 1 % t� : ,' CO � � � - � � • - J� 1 � } � , , �•. I 4 � i � _ i _._ �, � i --_' � Ni N� r� � aEIZ SE L ('AT „�V MA� • =i�oic�►T�O��c►i►� �b�� .,,,,, � � PLANNiNG DIVISION � cirr oF 111�EM�R.ANDUM FRIDLEY M:M� �; Jock R,�bertson, O��nunity Developnent Director John Flora, Public Works Director r,'.��0 F'RpM: Jaanes Robinson, Planning Coorclinator �. t�9:t•X3 DAZ'E: May 26, 1986 R �ARDING: Q-Petrole�n 'I ie Q-Petrole�n representatives have requested that the attached plan be �.aced back on the June 2, 1986 Council agenda. This plan meets the s�tback requirenents reoonunended by the Appea�s Commission on r;arch 11, 1 �86. A:tempts to secure a r��utual agreer,�ent to remove the service road and p�ovide an improved private circulation system with joint drivewa}� a�reanents between ¢Petrole� ana F7;�bers is apparently frustrated. Ti,e a:tached letter frcm John Kc>snas, the consultant representing Q-Petroleur�,, d:tails the reasons for their dropping their eftorts to secure a written c�,�ittrnent frcm the F��ers. Ztao prima�� concerns are apparent: 1) the E,ibers insistence on written agreement from Q- Petroleum M�hich would p-eclude any building, now or in the future, closer to tnan 107' to tne h,ghway �65 k.O.W. anci 2) the costs associated with new drivewa� s ar�d u :ility reconstruction. Z�e Emnbers is extrenely concerned about visual access to thEir site and t�us the setback condition. It should be noted that the Etnbers sett,ack is 6 )' . A plan with the variances reoom¢nended b� the Appeals Co�mission as well as t ie plan wit'ti joint driveways is attached for your review. J �sk A :tachments N -86-107 KK DESK �1 6112 EXCELSIOR BLVD� MiNNE��F�LiS, MN. 5541b (612)922-�2�6`� ray 2a, i9s6 rr. Jim Robinson, City Planner City of Fridley E431 University Avenue North Fridley, Minnesota 55432 J im, �ns�av oF � ca��,�rJ Ezclosed are twelve copies of the plans for the proposed C-Petroleun project at 53rd and Central Avenue that I would 1Cke presented for the Council's approval. Their approval azd your recoa�mendation is requested for the following: 1. Conditional use permit for the Car Wash. 2. Conditional use persit for the Gasoline Station. 3. Variance granted for 70' setback at 53rd �nd Central rather than 80'. 4. Variance granted for 15' rear setbac 5. Variance granted for 23,746 S.F. lot than 35, �0 S. F. 6. Variance granted for 5' and 10' green drive/parking areas rather than 20'. k rather than 40'. area rather space at TLis proposal is the same one reviewed by the Planning C>m�ission and Appeals Board prior to the Council's request f�r us to explore the possible relocation of the frontage r�ad to the west of the proposed building. As you lanow, a g,eat deal oi effort has been spent to help change the s'�tuation of the frontage road and the intersection of 53rd aid Central. Unfortunately, the solutions which developed p.aced all of the costs on the Q-Petroleuai property not only f>r general construction but for all future maintenance. A.so, �he setback restructions requested by the adjoining p•operty owners and their tenant, F�bers Restaurant, creates ai undue hardship for the development of the property. I am not opposing the thought that it would be a benefit t> both properties and all of the adjoining devLlopsents t► have the two way traffic.located further west. What I d� not agree with is that Q-Petroleum is responsible Yor a:.l of the cost� and additional set'back restrictions. Also, a� was stated by Ken Anderson of Barton-Aschoan Associates, Z�c., Traffic Consultants� in his letter of April ?, 1986 a��d presented at the previous Council meeting� that based on t;ie site plan presented and the anticipated traffic volu�es, n�► operational problems an-site or any queuing onto the street. page 2 �herefore, I would like you to consider the site p�an as �resented with the two curb cuts at the extreme locations ►way from 53rd & Central and back from the frontage road Lntersection, the existing curb cut at the S.E. corr�er of :he site removed, the 15' easement for the existing water .ine on the north property line and all of the site improve- 4ents (curbs, landscaping, yard sprinkler and trash enclosure) •equested by the city. 'hank you and if you have any questions� please contact me. � _.. � �ohn Kos�as , �as 0 � �nCl 2K w ��+.� . . _ . . . � ' J _ • �. 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J!r.� ��"��;��'1 N l�.�'t� T�p:. . �9: :� =01 ` ' , M - �� :�C, • i,� � � , k I �� t��` � ( :� t1 � ' � � � �►�, , _ 'r = ,�.�� `�! �� :�� _'�) �.! �L�'_ -�,, t� - � � ` �r.,. � �_��`� I ��.:.�� ` , M. ■ ■��.�aa�aar► i � ■��aors��a��ra��r��r�or��orr�r�r�• ■�t��r� ■■ �.rr��.r��r� `i ■�� • �4 r� ��ser� i��er� •��.� ■��A S�i��N/ ��rrrJ� �Ir Y�I� / �I��Q�A.��%��%��\\�■��\��ii��MRC •�r��io.l ■�� " 1 c� S � 0 �-- � 7 J � � 0 � \ c 1-- J � � � ti � � 2 P Bari on-Aschman Associates, Inc. 1610 : outh Sixth Street Minneapolis, Minnesota 55454 612-332-0421 April 7, 1986 Mr. J �hn Kosmas KK C esign Architects 6112 =xcelsior Boulevard Minn �apolis, Minnesota 55416 Re: O-Petroleum Station 53rd Avenue Northeast at Central Avenue Fridley, Minnesota Dear Mr. Kosmas: OwnE rs of the existing motor fuel station plan to reconstruct their present facility. Imprc vements will include additional pump islands and a reconstructed retail sales build ng. They also wish to provide a single stall, quick service automatic car wash, attac ied to the retail sales building. The City of Fridley has requested that we evaluate the t affic impact of this car wash. EXIS 'ING CONDITIONS Base� on information provided by O-Petroleum, the existing facility experiences 200 to 225 r�tail sales per day, principally motor fuel sales or motor fuel sales in conjunction with ncidental retail purchases. During normal peak hours, the pump island activity level is ap� roximately 30 vehicles per hour. This usually occurs on weekdays between the hours of 7: i0 to 9:00 A.M. and 4:00 to 6:00 P.M. (Note that this represents almos[ 50 percent of their total daily activity.) BAR� �ON-ASCHMAN STUDIES Base� on studies of high volume motor fuel stations in the Twin Cities metropolitan area and i i the Chicago area, Barton-Aschman Associates, Inc. has found peak hour volumes of 50 tc 90 pump visits on normal weekdays. Comparative studies between stations with car wash facilities and stations without a car wash, show that stations with car washes can have as much as 20 percent more traffic at the pumps when compared to stations without a wa, h facility. Car vash utilization studies show that over 95 percent of the car wash traffic includes fuel � urchase. (Note that pricing structures are geared to encourage motor fuel purchases as p� rt of the car wash activity.) Stations with an active car wash can attract up to 30 perc� nt of the pump island traffic to the wash facility. � 2 Q Bart �n-Aschman Associates, inc. Mr. ;. �hn Kosmas April 7, 1986 Page 2 Car � iashes of the type proposed at this station have a maximum service rate of 15 to 20 vehic les per hour under virtually continuous operation. Normal operation (during peak hour: ) are 10 to 12 washes per hour. PRO!'OSED OPERATION The y ew O-Petroleum facility will be designed to accommodate additional pump volumes. Assu ning an increase of 20 percent over its present peak hour volume, the new station will � enerate 35 to 40 visits during each of the peak hours. Assuming 30 percent of these pumF visits also use the car wash on heavy activity days, a peak hour volume of 12 vehic les can be anticipated in the car wash. Since this anticipated volume is less than the discF arge service rate, queuing problems should not occur. The proposed four to five vehic le staging area will be more than adequate to accommodate waiting vehicles. Base I on our review the site plan and anticipated traffic votumes utilizing this site, we do not � �ticipate any operational problems on-site or any queuing onto the street. SincE rely, i� ` Kenr eth W. Anderson, P.E. Senic r Associate KW� :kro APP �ALS COt4�lISSION MEETING. NARCH il, 1986 _ PAGE 4 2. - - - -- - ------ --- -- -.._ _-__. _.. /�f�L/\ V�\ nLL 1 � �r� 1 r f ' . __ _ SELY I HE S U�H 0 EE �� H ,� t,� UDIT R S SUB�IVISI � WHICH LIES EASTERLY F I�lE P d venue South, Minneapo is, n. 55420) MD'1'IO�ti' BY MS. GEROU, SECOiJDED BY JNR. BARNA� TO OPEN TKE PUBLIC XEARIl:G. UPO.V A VDICE VOTE, ALL VOTIIJG AI'E, CXAIP.PE'RSON BETZOLD DECLATtED THE PUF3LIC HEARIR'� OPEN AT 7:49 P.D1. Chairperson Betzold read the Administrative Staff Report: ADP1Ii�ISTRATIVE STAFF REPORT 5300 Central Avenue N.E. A. PUaLIC PURPOSE SERVED BY REQUIREt�SENT: 0 Section 205.15.3A requires a minimum lot area of 35.000 square feet under one ownership. , • Public purpose served by this reguirement is to provide for adequate parking, open landscaped areas, and to limit congestion of commercial areas. Section 205.15.4C,1 requires permitted buildings and uses, except automobile parking and loading spaces, driveways, essential services, walks and planting spaces not to be closer to any public right-of-r�ay than eighty (80) feet. Public purpose served by this requirement is to provide for adequate parking and open landscaned areas as well as to avoid congestion and provide adequate site clearances in commercial areas. Section 205.15.4C.3 requires a rear yard of not less than forty (40} feet. Public purpose served by this requirement is to provide adequate open spac� araund cortmercial structures for aesthetic and fire fighting purposes. .- . � 3.. 3A APPEF S COHMISSION MEETING, MARCH 11, 1986 PAGE 5 Section 205.15.50.5a requires that all parking and hard surface areas shall be no closer than twenty (20) feet fron any street right-of-way. Public pur.pose served by this requirement is to limit visual encroach- ment into neighboring sight lines and to allow for aestheti�ally pleasing open areas adjacent to public right-of-ways. E. STATED HARDSNIP: "7he existing lot size and shape are odd." C . ADMII�ISTRATIVE STAFF REVIEW: The petitioner would like to remove the existing Q Petroleum facility and after removal, reconstruct a new one as per their submitting plat plan. The new facility would have a car wash that the existing facility does not. There is no other vacant land that could be added to this property to bring it into code compliance. The staff has reviewed the proposal and has communicated with the petitioner some of the City's concerns and this plan as it now exists seems reasonable. The staff has no stipulations to suggest if the Board recommends approval of this request. t4+. Clark stated that as the Commissioners probably kn�w, Q Petroleum was l�cated on 53rd Ave. and Central Ave. between Target and Central Ave. If g►anted the variance, they planned to tear down the existing structure wliich hcs some structural problems. Improper soil correction was done at the time tte existing structure was built so the building is settling. All variances w�re as a result of tl�e lot not being large enough. They do plan to add a car w�sl�. Even if they did not add on the car wash and just haci a retail/service s�ation facility, they could probably reduce the degrees of the variances, bEt variances would still have to be granted in order to use the lot. ttr. Clark s�owed the Commissioners an aerial photo of the area. �1� , Joi�n Kosr��as, KK Design, stated part of the reason for the need for variances w�s because the property i�as been reduced in scale over the years. because tle widening of Central, the service drive, and 53rd Ave. He stated they are proposing a convenience store/service station with a drive-through car wash t� the rear of the proposed building, causing sone of the setback requirements. Tley have tried to keep the buiiding to the back side of the lot to keep the f�or�t area more open. They are looking at closing the easterly access onto 5 rd Ave. to help relieve congestion. �4�. Gerou asked if the car wash would increase traffic. • - 3� B APPE4L5 COttt1ISSI0�� t1EETIt�G, �4ARCH 11, 1986 PI1GE 6 t�r, Kosnas stated the car wash was more of a convenience service connected to t�e sale of gas. Q Petroleum did a reasonably good business noa�, and he did r�t see the car wash generating a great deal of traffic on its own, They ,�ere trying to eliminate some congestion on the site by positioning the car wash in tie back of the structure. � M^. �etzold asked if there was any concern regarding landscaping. t�-. Kosnas stated they are working with Jim Robinson. Planning Coordinator, o� a landscape plan. M�. Rod arannon stated he o�m ed the car wash irmediately to the north and west of G Petroleum. He stated that in order to remodel the convenience store/service s:ation, variances were needed, but where was the hardship that involved adding a car r�ash to that facility? M-. Betzold stated the request was for variances for a building, not necessarily f�r a car wash, and tl�e Commission could not determine how the petitioner wanted ty use the property as long as it was within the proper zoning of tl�e City. The C�rmissio�� was more interested in what size the building was and where it was g�i��g to be located on the lot tiian they were about what was inside the buildinq. M•. Betzold asked the petitioner that if there was no car wash on the building, h�w would that affect their request for variances? �t•. Kosnas stated that if the car wash was not added, their request for variances w�uld probably remain the same. , M•. Bra m�on stated the Pickwick Store was built with variances. He now t�as a b�ilding that is practically sitting on his property line because of four variances a�proved by the City. That building has no�� effectively screened his entire c r wash business from 53rd Ave. That building takes up approximately 43Y of t e lot. The building has a dunpster pad tfiat is about twice the size needed, a�d the owner was supposed to put in low lying shrubs. Instead they put in t ees in front. Driving by on 53rd, nine months out of the year, his car wash w s not visible, That was what four variances had done to his business. 44e s.ated that here were another four variances to put in a competitive business o ti�e same property line. He felt the City had an obligation and responsibility t� bring in new tax dollars, but he also felt as strongly that the City had an olligation and responsibility to protect the people who are already paying taxes 1 ke himself. He stated he has lost 25p of his business since the Pickr�ic� b�ilding was built. Ile stated he felt very strongly against the car wash going iw. It was a question of his livelihood, and t�e would fight it all the way. M�, Brannon stated there are adequate boundaries and grassy areas all around tle United Store just to the north of him. His building was the same. Now he w<s confronted with a buil��ng (PiCkwick) that was virtually on his property 1•ne. Did the City want a building ti�at he couid no longer maintain because hE did not have the cash flow to maintain it? 3C APPE aLS COtit1I SS I ON MEETI I�G, 14ARCH 11, 1986 PAGE 7 Mr. Clark stated there was a public hearinq scheduled to be held before the Flanning Corunission on March 19 for a S�ecial use permit for the car wash and service station, Ne suggested that this car wash discussion would probably te more ap?ropriate at that meeting. Fr.�rannon stated he was not opposed to the variances that were requested. fe was opposed to the car wash. Q Petroleum already has a service station �nd convenience store and now wants to put in a car wash in direct competition to I�is car wash. They already have two sources of income with potentially �hree, He has only one source of income, and that is his car wash. He stated •f the car wash is a full service exterior wash, there is not so much competition, kut if it is a roll-over, as opposed to a self-service car wash, then there is c irect cor��petition. 1�'1'ZOfi BY MS. GERDU, SECONDED BY MR. BARNA, TO CLOSE TXE PUBLIC HF.ARING. f PO;+ A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON BETZOLD DECLARED TNE PUBLIC JEARING CLOSED AT 8:28 P.M. Ilr. Plenel stated he felt the petitioner was trying to do too much on a lot of his size. Tl�ere were four variances being requested, and the largest was the �ear yard setback from 40 ft. to 10 ft. He woulcl iike to speak in favor of �mitting the back building, leaving the present retail bui3ding of 32 ft. x 50 ft., llowing a variance of around 20 ft. on the rear ]ot ]ine. Ir. Clark stated if the building stayed the same size without the car wash, then .he building could be moved north, because there would not have to be a driveway �ehind. The front yard variance off 53rd could go from 80 ft. to approx. 70 ft. n turn, that additional space could increase the green area along the sidewalk in 53rd from 5 ft, to 10-12 ft. 4r. Clark stated he did not think they could come up with exact numbers but �ome general ideas of what could be done if tF�e car wash was not added behind ;he proposdd building. 4s. Gerou stated she would be willing to go along with Lhe revised variances ►s opposed to the ones being requested. She was in complete disagreement to a •ear yard variance from 40 ft. to ]0 ft, because of the objection expressed by 1r. Brannon. 1r. Barna agreed. He stated the first variance to reduce the required Tot size vould almost have to be grandfathered in because the lot has been reduced in �ize tf�rough no fauit of the owner through road acquisition. �r. Barna stated he would recorrmend the front yard setback from 80 ft. to 62 ft. �e reduced to 70 ft. This would nove the whole structure north. �1r. Barna stated that r�garding the driveway/parking setback frori 40 ft. to 10 ft. and 5 ft., that could be returned to 10 ft, and 15 ft. by adding the additionai �space. 3 D APPE4LS COIIHISSIO�� MEETING, 11ARCN 11, 1986 PAGE 8 kr. Barna stated the rear yard setback from 40 ft. to 10 ft. overcrowded the l�t, and he would go along with a reduction to 20 ft., but not the 10 ft. T�e folloo�ing motions were made on that part of Lot 12, Auditor's Subdivision ��. 155, which lies easterly of a line parallel with and distant 351 feet w�sterly from the Line of Section 23, Township 30, Range 24, Anoka County, hinnesota, and the south 20 feet of that part of Lot 11, Auditor's Subdivision t��, 155, wt�icf� lies easterly of a line parallel with and distant 351 feet M�sterly from the east line of Section 23, Township 30, Range 24, Anoka County, hinnesota, except that part thereof taken for highway, the same being 5300 C�ntral Avenue N.E.: k�T70': BY MR. BARNA, SECONDED BY MS. GERDU, TO RECOMMEND TU CITY COUNCIL ��PROVAL OF A VARIA.ti'CE REQUES.T PURSUAtJT TO CNAPl�'R 205 OF TNE FRIDLEY CIT1' C:�D� TO REDUCE TNE REQUIRED LOT SIZE FROM 35�000 SQ. FT. TD 23�7Q6 SQ. FT, C�D.'� A VOICE VOTE, ALL VOTING AYE, CNAIRPERSON BETZOLD DECLARED THE MOTION C:4RRIED UNANIMOUSLY. M �TiTO.V BY MR. BAR1�, SECONDED BY MS. GEROU, TO RECOMMEI'D TO CI:2' CDUNCIL x�PROVAL OF VARIANCE REQUEST PURSUA.NT TO CNAPTER 205 OF THE FRIDLEY CITY CODE 7� REDUCE TNE FRO'�T YARD SETBACKS FROM BO FT. TD 70 FT. ON BOTN THE ACCESS I: 3I VE 1�IV D 5 3 RD AVE:V UE . C�0;� A VDICE VOTE, ALL VOTING AYE, CHAIRPERSO.ti BETZOLD DECLARED TNE MOTION C 4RRIED UNA.'�IMOUSLY. N �TTO:V BY MR. BARti'A, SECONDED B}' MS. GEROU, TO RECOMMEND TO CITY COUIJCIL fi�PA.OI'AL OF A VARIA.4'CE REQUEST PURSUAA'T TO CNAPTER 205 OF TKE FRIDLEY CITY C:�DE TO REDUCE THE REAR YARD SETBACK FROF! 90 FT. TO NOT LESS THAN 15 FT. C'O:+ A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTI0IY C:4RRIED UNAlVIMOUSLY. k?^_'IO:�' BY MR. BARNA, SECONDED BY MS. GEROU, T1D RECOMMEND TO CITY COUNCIL A'PROVAL OF A VF.RIANCE REQUEST PURSUANT TO CHAPTER 205 OF TNE FRIDLEY CITY C�DETO REDUCE TXE DRIVEWWAY/PARKING SETBACK FROM 20 FT. TO 10 FT. AND 5 FT. F:SPECTIVELY ON THE Er1STERLY ZAT LINE AND 10 FT. ON .^NE SOUTHERLY LOT LINE. L�D:� A VOICE VOTE, ALL VOTIIJG AYE, CHAIRPERSON BETZOLD DECLARED TNE MOTIO": C' 414RIED UNANIMDUSLY. N�. Betzold stated the special use permit request would be before the Planning Cxnr�ission on t4arch 19, and the variances and special use pernit would go before t�e City Council on April 7. � i4 ar�to � L.�% �� • uea�v�s�oN ,�` . ��._..__ _ ,,�f.: ---- ; -� �=,': °:ii N.N � jil� .� ��rr�''�� •Of�' .,�, . � ` _....,. 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Y......... �..N 7 3� _ � � i � � � - - i-t-�—�� r-a....+ . � � r � �� N �� o� -�' i �� M .� :� - :;. � ' -- , C' .-�r ' .¢', . � ��+ o ,.�..��: �;,, � - I �� ; �.�� ,`? 4� �'.� �, , . :.=, � t'� Y � 74 �� 4� �s � ` � � / i. �`'i . � � : "��';fl� ' • :�-. ..=� `�� . . � � ,-�J .� .R� _ �y�, O, D �' Q .�E � r .r � VARIANCE 5300 Centxal Q Fetrole�n v ar � a�ce s rcc.o mr*lchd cd by '�`PP��O Gow►m�ss�ov� on 3-1�-8� . Servl�.e. Ro«d � 'S ':T .. , y 1'. s 4i�r �:':f w.^f � �7 .1 . _ � � i • �.. . / � - � \ �� • .ti(% / .� � 3 tiC .. \ {�•� . � ^.t a M a I / \ �/ \ \\;L:.'�` -1�, \ , i � ��\,�? �' � ` � } � �� . �� -� \ 1 � / \ � \� � \ �' \ � :�:.� I � / �- �L � � i - � ='�, _�:: , v 1 � � > � � 1 � � 4 APPE.� LS C0�1P1ISSIOt� ��1EETI��G, APRIL 15, 1986 PAGF 4 _.--I . , . 2. i Ot�SIDFRATI�N OF VARIA��CE REQUESTS #86-06 PURSIJA�T T� CHAPTER 205 OF TI!E � ID EY I Y • s� .; - f0^'IOPI BY MR. B1dRPJA, SECOl7DED BY 1�5. GEROU, TO TOPF.N "'HF. PUBLIC HF.ARING. 1PON A I�DICE VOTE, ALL VOTING AYF. , CHAIRPERSON BF,TZOLD DECLARED TIfR P(�BLIC fEARING OPEN AT 7:55 P.M. �OTION BY MR. BARNA, S�COIIDED BY !!S. GF.ROU, 2p WAIVE '_"HE READIIJG OF "_'IIF. �D�IINISTFZATIVE S_TAFF RF•PORT. JPON A VOICF; VOTE, ALL VOTING AYF. � CFI1dIRPF,RSON BF.TZOLD DF.CLARED ?'fIT•, t4n_TIO!.' �ARRIED UNANIMOUSLY. f f�e Adr:�i ni strati ve Staff Report i S as fol l o�rs : Aa1INISTRATIVE STAFF REPORT 6299 liniversfty Avenue Pa.E. A. PUI3LIC PURPOSC SERVED BY REf�UIREMEt�T: Section 205.15.4C.1 rec�uires permitted buildings and uses, except autor�obiie parking and loading spaces, driveways, essential serviees, walks and plautinc� spaces not to be closer to any puhlic right-of-v�ay than eighty (80) feet, Puhlic purpose served by this requirement is to provide for adequate parking and open landscaped areas as well as to avoid congestion and provide adequate site clearances in corimercial areas. Section 205.15.4C.2h requires a minimum of eighty (.80) feet where a sicie yard ahuts a street of a corner 1ot. Public purpose served by this requirement is to maintain adequate side yard setbacks anci aesthetic open areas around corranercial structures. 4 A APPE {L � C�1t1MISSI�t! t1EETIPJG, APRIL 15, 19g6 PA�E 5 Section 2Q5.15.4C2 requires two side yards, each r�ith a width of no± less than fifteen (15) feet. Public purpose served by this requirement is to provide for adequate open areas (green divider areas) around corm�ercial structures, r�aintain clear access for fire fighting, and reduce conflagratio n of fire. Section 205.15.5D.4b requires the parkin� aisle to be a minimum twenty-five (25) feet for two-way traffic. Public purpose served by this requirement is to provide adequate roo� between large vehicles. Section 205.15.5D.5a requires all par{:ing and hard surface areas to he no cioser than twenty (20) feet fron any street right-of-rray. Public purpose served by this requirem�nt is to limit visual encroach- ment into neighboring sight lines and to allov� for aesthetically pleasinc� open areas adjacent to puhlic right-of-ways. 3. STATED HARDSI�IP: "Tf�e ex i s ti ng code requ i rerien ts tions on this land. To meet the �roperty unbuildahle." ;. AD�1IP�ISTRATIVE STAFF RFVIEI•1: on setbacks place unreasonable restric- C-3's requirements would make this Thi s sar�e request was made i n 1982 and an amended recor�menclati �n r�as forwarded to City Council increasing the setback from the south line from the requested 5 feet to 10 feet to alloa� the petitioner to h�ve south windo►vs. They also recornnended that the front yard be decreased frcxn the requested 35 feet to 30 feet. The rest of the variances were eliminated by redesigninc� the structure and parking layout. The stipulations of approval back tlien 4iere to subr�it a parkinq agreement for joint use on the lot to tl�e soutf� and to grant a street easement on the corner of 63rd and the servir.e drive. 1r. Clarl: stated this was a two-story building with a baser�ent. Ne stateci there was a similar request on this lot in 1978 that ►vas granted. In 1982, �r. Doty was before the Appeals Corr�nission again, anci the Appeals Cora�ission nodified the variance request slightly. The modified recommendation Forwarded on to thP City Council was to increase the setback on the south line frori � f±, tv i(� ft. so the petitioner culd put windows in the south wal1. and to clecrease the front yard setback fror� 35 ft. to 30 ft. The rest of the variances were elia�inated by redesigning the structurP and parkinq layou*. 4 B �'� APPE� 4.S COt1�tISSI�N MEETISJt',, APRIL 15, 1986 PAGE 6 Pr. Clark stated that in 1982 after the Appeals Cor►�ission had met anci before �iie City Council had met to discuss the variances, the HRA took an option on 'ifLe property. In conjunction with that, �tr. Doty participated in the buil�iing �f the Fridley Plaza Office Building next to City Hall. Mr. Doty then witl�- �rew his variance requests, because he apparently was not goinc� to o�•rn the rroperty, so the City �ouncil did not act on the variances. That variance aequest was long enough ago that Mr. Doty must again petition for these dariances. I�r. Betzold stated that in the Aug. 24, 1982, minutes, �tr.�oty essentially requested the same five variances that he was requesting this time. The fppeals Commission recorr�nended to the City Council that those variance be reduced to two variances--to reduce the side yard setback on a corner lot fror� �lie required 80 ft, to 30 ft, and to reduce the side yard sethac4: on the s�uth �: icle of the building fror� 15 ft, to 10 ft. t�e stateci he did not know ►rhat f ad c�iangerl since that time that tvould justify the granting of all five eariances. !r. Doty stated it was his recollection that in 1Q82 there were discussions 4ith Mr. Virgil Herrick that there would be some shared parking on tf�e north 'lot line ►vith a cor�mon driveway. Since that tiMe, �1r, Nerrick has had so�e �roposals submitted to expand his buildinq. In a recent discussion witf� + r. �ave NeYrtnan, tir. Doty stated Pir. Newman had stated that they ►•rere not �resently planning to expand, but if they do, they ►vill have a parl:ing prohlem. �r. Doty stated t�at was one of the reasons he had qone back to all five �ariances requested in 1982. t'r. Doty stated he was requesting that the parkinq lot aisles be reduced fror� �5 ft. to 23.5 ft. and the parking stalls be reduced fror� 2� ft. to 1� ft. fe stated cars have gotten smaller, and he would have a problem meetir.� the E�arking lot provisions without those variances. t�. Doty stated the building was exactly the sar�e as in 19II2; the only changes H�re interior changes. It would be of the sar�e building materials as the c:ther bui7dings in the Center City area. Pr. Doty stated he was willing to build what should be built within reas�n, t:�t he hoped the Cor�missioners understood that there had to be some qivP and take in order to make this lot buildable. He stated he has been payina high t�xes on t�iis property for 13 years, and he has invested more into the Eroperty than it is worth on the open market. t�r. Clark stated that if all the lot dimensions were correct--302 ft. widtl�, b.� using 18 ft. stalls into the curbs, he came up with a width of 3�8 ft.-- � ft, short of makinq the 302 ft. If they shortened the tliree stalls fron << ft, to 18 ft, where t#�ey go into a curb or sideY�alk, that would make ttie r�idth of 302 ft. Tf�e aisles could remain at 25 ft. He stated Staff had no problem reducinc� part:ing stall depths from 20 ft. to 18 ft. into curbs or sidewalks because of the overf�ang. 4C APPE:F LS COPIMISSION �1EETI��G, APRIL 15, 1986 PAGE 7 �r, Clark stated the variances could be revised as foll��s: 1. The 71 ft, could 6e reduced �y 4 ft., hecause the boulevard setback off University could be reduced from 24 ft. to 20 ft.; therefore, the variance a�ould be from tf�e required 8c1 ft. to 67 ft. in the front yard. �. To reduce the side yard setback on a corner lot fror� the required IIO ft, to 30 ft. �. To reduce the side yard set6ack on the south side of the building fror� 15 ft, to 10 ft. 4. This variance would 6e elir�inated because the parking aisle would meet code at 25 ft. �. To reduce the parking lot stalls that face curbs or side►yalks from the required 20 ft. to 18 ft. M�TION BY MR. BARNA, SF.CONDED BY MS. GEROiI, TO CIASE THF, PI�BLIC HF.ARI�.'G. LPON A VOZCE VOTE, ALL VOTING AYE, CIIAIRPERSON BETZOLD DECLARF.D TNF. PUBLIr ti:ARII�G CLOSED AT 8:29 P.M. 1'�. Barna stated that he had heen on tl�e Corimission since the beginnin� wi±h t�iis item, He realized that the main reason this property has heen in limho a� lonc� as it has was because of the HRA and not because of the petitioner. �� realized tfiere were some arrangements tall;ed about in 19�2 �,�ith the adjoin- i�� roperty owner to share a common drivev�ay and parking, b�rt those arran�e- �' ��ts were no 1 onc�er vi abl e. l�li thou t the vari ances , he coul d see wl�ere the 1�t r�ould sit empty. The 6uildinc� was not h�iqe and, in lookinc� at the a^cltitectural design, he felt it �vould fit in with the other huildin�s in th� a�ea. t{e stated lie �vould agree NlltEl tf1P. vari�nces as described by Staff. li )TION BY MR. BAFtNA, SECOI�DED B1' MS. GEROII, TO RECOMMF.R'D TO CITY COI�YCIL A�PROI/AL OF V.7RIANCE I2EQUE5"'S #. 86-06 Pi1R,$UANT TO CfiAPTER 205 O.F' '�'HF FRIDLF.Y C C'I'Y CODE TO REDUCE ;'HF, FRONT YARD SF._^'BACK FROI! THF. RF.QUIRED 80 FT. _Tn 67 F� .; T 7 RED(ICE T.HF. SInF. YARD SETBACI: 0'1 A CORNER LOT FROM THr RF.Q!�IR!'D 80 F'". TO 31 FT,; TO RF.DUCE TfIT' SIDL' YARD SETBACF: 011 THF. SOUTH SIDE OF THF, BI�ILDZ",'G F ZOh' IS FT. TO 10 FT. ; AND TO REDUCE Tt1E PARI;ING LOT STALLS GIHF.RE THE S1'ALLS A 3UT A SZ�EWALK OR CURB FRO,'�1 THF. RF.QUIRF,D 20 FT. TO 18 FT. ^'O ALIAGI THF. C�l]STRUCTION OF A C01111ERCIA7, OFFICE BUILDING ON THE NORTH IOD FEF.T OF T11E SDUTH 2 i9 FEET OF THE' NORTH 1507.5 FF.ET OF TIIE PIEST HALF OF THF. FIEST HALF Or TfIF, E�.ST KALF OF THE SOUTHFIEST QUARTER OF SECTION 14, T-30, R-24; BF.IIIG A PI.i,T Or L)TS 2 AND 3 OF AUDI'_^OR�S SUBDIVISION 1J0. 59, THF. SI'.Ifl' BEIl7G 6299 UPJIVERSITY A 7ENUE N. E. ; AND TD DI72ECT TNE REPi1BLICATION OF THL' PUBLIC HF.ARII�G f70T r�'F, FpR S sCTI017 205.15. 4C.I A�1�D SECTIOf� 205.15, aC.2b AT THF. NF,l7 DISTANCF,S OF 67 FT. A JD 30 FT. .SI'NCE TII£•.'Y DIFFF.R FROM THE OkiGINAL Pi1BLICAPI01�'. U�O:V A VOICE VpTF., ALL VOTING AYE, CHAIRPF,RSON BE_TZOLD DECLARED THE M!iTIO."1 C �IZRIED UNANIMOUSLY. 4 D � PLANNING D1VISION � CtTYOf 11IlEMOR,ANDUM FRIDLEY N�i�yO [t�: Jock Robertson, Conununity Develognent Director John F1ora, Public Works Director r��C� �02•i: Jaries Rabinson, Flanning Coordinator ;l r�r•� �TE: rsay 28, 1986 RE�A�R �ING: Doty Varianoes On r:a � 28, 1986 I spoke with Gus Doty and Davio Harris regarding a mut�ally agrE� �bl� F.lan. �'�r. Fsrris' objective is to maintain a setback off of the Univeisity Avenue servi�e road equal to or greater than that of the existing ofrice building. Zb ac ��lish this, r,r. Daty has agreed to eliminate one bank of parking (7 stal.ls) east of the builaing and push the builciing an� westerly �:arking area eart. the aociitional 18 feet. Zhis modification provic3es an 82 ioot buildinc sett� �k ano a 34' p3rking setback f rar,� the service road. r;r. f arris has agreeci to prwic;� a joint p�rking and drivc�aa�• easer�ent as Zxr the �ttached plan. t�lr. Doty has agreed to construct up to seven new stalls on t��e Harris/Herrick propert}r in tne future if the easen,ent grant�rs �tE:i r�ine a need. Sta�f has reviewed the existing Harris/Herrick office parking su�:�ly anu four�c that there is a surpli:s of ten stalls accorciing to cocie. Zi�erefore tl,� sha�ed scher�e is feasible in ternis of supi.�.ly. Bec,a ise rir. Herrick is out of the country, he ha� not reviErred tt�cs�: r�ucui ications. However, both he and l�,r. Harris snoula t� available ror tt�e JunE� 2, 1986 Council meetir.g. ��e i ollawing variances apgly to ttze rnociif icd plan: 1. ��iae yard setback on a corner lot (off of 63ra Avenue) frcr,� 80 feet to 3U : eet. 2. t�iae yarci seti�ack on the south of ttie builcting f rm 1S feet to 10 tEfL. Star:' has prepared a list of stipulations which includes the execution an� reco:ding of joint driveway/parking agree�ents against the invvlv�U pro.�:rties. JI..F�,�� cc; rt-86 •106 4 E sus noTY VAR #�86-06 ST I PULAT I O�1S .1� PETITIONER TO MAKE ARCHITECTURAL FACADE MODIFICATIONS AS SUBMITTED BY STAFF� �THE ADDITION OF THE CANOPIES AND THE CHANGING OF THE ENTRY WAYS AS NOTED WILL PROVIDE FOR A MORE AESTHETICALLY PLEASING AND FUNCTIONAL BUILDING�) ;Z� PROVIDE LANDSCAPING PER PLAN AS SUBMITTED BY STAFF� LAND- SCAPING TO INCLUDE BRICK AND TREES, AS PER CENTER CITY MOTIF, ALONG THE UNIVERSITY AVENUE SERVICE DRIVE AS WELL AS BERMING ALONG THE SERVICE DRIVE AND 63Rn AVENUE� �THIS PLAN IS CONSISTENT WITH THE LANDSCAPE MOTIF ESTABLISHED FOR CENTER CITY�) .3, PROVIDE BRICK DUMPSTER ENCLOSURE WITH CHAIN LINK GATE WITH VINYL SLAT INSERTS COLORED TO MATCH BRICK� �4� ARCHITECTURAL FACADE MATERIALS INCLUDIt�G BRICK AND METAL PANELS, TO BE CONSISTENT NJITH OTHER CENTER CITY MATERIALS� SAMPLES TO BE SUBMITTED FOR STAFF APPROVAL PRIOR TO BUILDINC PERMIT� 5, ALL SIr,NAGE TO BE CONSISTENT WITH THE CENTER CITY SIGN PRO- �RAM, THIS INCLUDES BACK LIGHTED ADDRESS NUMERALS, STYLE AND COLOR OF SIGNS TO BE CONSISTENT WITH CENTER CITY MOTIF� '6� SITE PLAN MODIFICATIONS TO BE IMPLEMENTED CONSISTENT WITH STAFF REDESIGN. �� PROVIDE A Z5 FOOT TRIANGULAR RIGHT-OF-WAY ON THE CORNER OF 63RD AVENUE AND UNIVERSITY AVENUE� �SPECIFICATIONS TO BE WORKED OUT WITH ENGINEERING STAFF,) 4F Gu ; DOTY V�'� Z #86-06 P,a �F 2 8� PROVIDE A WALKWAY EASEMENT �OR THE SIDEWALK ALONG THE UNIVERSITY AVENUE SERVICE DRIVE� 9� PROVIDE PARKING LOT LIGHTING THE SAME AS OTHER FIXTURES USED IN CENTER CITY� I.C, PROVIDE A DRAINAGE PLAN FOR STAFF APPROVAL� �._� PROVIDE A PERFORMAMCE BOND TO COVER ALL OUTSIDE IMPROVEMENTS� ��MOUNT TO BE DETERMINED WITH APPLICATION�i .L,', PETITIONER TO SECURE AND RECORD JOINT DRIVEWAY AND FARKING EASEMENTS WITH OI�INER TO THE SOUTH, Y �"' Varianc� � w.�. �o �y N�� l � P �pt , � 22i o�� . j-� ar ..� rr • '' I i p, � /! � �f1 � i -zo� y�' �.;. .... ..,._ � � v ��v � � � � �',; � ANE '"'4 � �� ; . �, s^ TE_�.li E- A•��- .-- i"' �_. �� = 64 TH � I/ I •o �r / M • /ir � . � .J "�/. •-� . . ��. �� .� ,/r�J � � K � • . -�5�•' --� •s s r i a � , � .� � `� ' " � ��, , • . �� . ��. ~JJ �i � � •� � � 1 � . �� - � % � � ~ � � � � � . � 4 ` • �/ � � �� ' � �� R' � � ' � s = � �.� ;�Y 24, �.:. 2t5 27'S ~`� j i � ♦ H =. �� y4y +.' � �. a� a ' � � i, � ^, ,�y t � � � •` � f � ` � , �� LrZ�f[ 1 = ... a�IVE -:, a I � .. � � -^- .. � ..,• +,., -rC�► 2 � � vi 22 > �"` Be66H ,zQ� " • + � . �: 3 �� 4 2s6 �b6 � � � � ,� ♦ ��,,.�..•.� �1� � � y !" 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C �" � $ �• I ''g p � r �2 � , „ . �� . .^ J ;, �� i� M ��i _ � Q �, . o � � � � �� '• �� 2.; [o i. i �H ro �j ,.�� •� � 1I( � 3" 70 e° � L w_ r��•� J ��•J � ��.� ,- ,`�, �r �, 4 �• 1 �• � � i ti � 1..i .3-. , , `•�,� : i ; ( (� �,: � :'t I � j o i, , i- - ---- - �.� � n � Q c��'° r � 3k 1i�.) �wZf , �l , ..�.. � d � �- - - - I,"� 1�a � , � _�'� �� ' _1;� ��- • � .�Ja ��' �i 1 � �' � i I �� r°:, � � ��+ �, �� +F , , � r ' �� N�;• ��.. _�` �� , F 2r�p� ^ ! „, � d y �r i-__ I �' ,� � I7� Q�o N 7Z'! '/..1 I�'\ h �i� YA7f _ Ii =�� I`" � ' n" ;.� Jpj JA �.� ' �� 'o � l ' 7n�70 �)i ��.0. .- .,_ .�,., o'° y N SA � . rj�:� � [ . . 1 - n .yi �,� � �� {�f� V � N W J Q � J Y, �;.- a ' �S j a � � Y� � ! * C ��;,x.�� p �t 1 �[ � �L p ' � i °� � a�� . ►��p�-,� Y 7 V �1 � .i < !` n a .,i n ,� _, ,J � 4K •�•�� i • • • AN ORDINANCE RE�DIEYII� 'I9E �EY QTY OODE BY AN�l�Il� �APTER 512, ENTITLED "MOT�R VIDICLE REGULATIONS ON PUBLIC, SE1�lI-POBLIC, AND PRIVATE PROPERTY", BY ADDING SECTDO�I 512.07. AND RE[dUN�ERING THE QIRRENT 512.07. TO 512.08. 7he i'ity Cotmcil of the City of Fridley d�es heretr� ordain as follaas: 512 » ( 7 . UNitF'�f9CNABLE A�,IIi�iTIO[d It :�l.all be iml.aaful for arry person to operate or permit to be operated any mot«� vehicle on ariy putal.ic street or higtaaay, public or semi public property in �� manner that creates or causes unreasonable acceleration. Prima facie evic# nce of such �reasonahle acoeleration shall be squealing or screeching sour7c s�nitted b� the tires spinning or sliding upon the acoeleration of said veh�.c le, or causes the vehicle to unnecessarily turn abruptly or sway from sidE� to side. 512 » t 8. PENALTIES Any } ersan who violates the prwisions of this Chapter shall, upon conviction ther.E of, be guilty of a misd�neanor and subject to all penalties provided for such violation tmder the pravisions of Qlapter 901 of this o�de. PASSi D AND ADUPI'ED BY THE QTY �UNCIL OF THE QTY OF FRII�,EY THIS II�1Y OF _ , 1986 WILLIAAZ J. NEE - N�YOR ATTi�: T: 5'�ilFS EY A. HF�PALA - QTY Q,E�tK Fir:�t Reading: May 19, 1986 Sea�r d Reading: Pub]. i cation: � _� FOR CONCIiRRENCE BY THE CITY COUNCII. -- APPOINTMENTS' s ) JUNE 2, 1986 (Tabled �1ay 19, 1986) :��:►�4?!� � � �IY ' 1' !� • • �a, ��,..� � ��,� .: - - .i � . . • • � � . '..�_ �• „ „� �. i� , ,p :ane Savage 5i7 Rioe Creek Terraoe 1 �. 571-3862) ,� �rry Sherek �530 73 - 1/2 Avenue S ;i. 784-6444) �,� ��.• i f r'• � ��• �' •�...� t i�, j �i e ZY�cmpson �� 976 3rd St. N. E. � H, 572-8684 ) (B. 2�7-1802) � ruce Peterson � ea�inted �.: �f f• �. i�_, ��.xs! � i� � - - - :. :. �.. � - . �• ��' _��.�- 4-1-89 4-1-89 4-1-87 4-1-89 4-1-88 4-1-89 4-1-89 � : �?�r v �= }: Q ar enoe (Gene ) Rez ac 2561 Camelot Lane (H. 574-0629) (vacated bl► Loui s Schnidt 10/85) Jean Gerou 1650 Briardale Rd. NE (8. 571�736) James Pleael 6864 Q�annel Iid N. & (H. 571-0026) (vacated b� Aatricia Gabel 12/85) Tcm Gronit�d 7411 Lyric Lane (H. 786-7459) Bruoe Peterson 7503 �+anpo Terr. NE (H. 786-9898) Duane Peterson 1021 Hathaway Ln. NE (H. 57I-3386) %z. �� ::11 � :.�� J��1� j •�«s/ \ 1� :� �1-, ._�. . s:• �� :,. .- - ; _� : = s�. 1� - . .; ;_ ' �� z,�i � i�_� .- ... ;_ �.. -. .- :.�.. ;= s.. - . : � � :��'��:,�. ��.. „� 1 ��, « . ....- ;_.- • -� - ..- � - .- f J�• �i ' • jj ck Storla ,1 _` 48 Alden Way � , 571-�726 ) 4-1-89 4-1-89 4-1-88 C�� 4-1-89 4-1-89 4-1-89 4-1-88 � �� a :,� � '!��- . �� •� �� lf: � �� , �i�_+_�! a!+�!' 7� hn E. MeYer � 68 Alden Way N. E. � . 571-5328) � •' ��.:_:� � t�, ti .- ; . ;.. � - . �: /u Dick Youa�g 5695 Quincy St. N. & (H. 57I-8098) Daniel Allen 6200 Rioe Creek Dr. 1� (e. 571-3137) Dale �anpson 4976 3rd St. N. E. (H. 572-8684) Dean Saba 6325 Van Buren St. NE (H. 571-1953) Bruce Bondow 6616 Central Ave. NE (H. 571-0163) �b@It M1T1tOA 1538 N. Oberlin tlrcle (H. 574-1173) Peter Pieroe 572 Riae (Yeek Terr. (8. 571-7045) Harald Belg�n 191 Hartman Circle (S. 571-1191) 6-9-91 IImars A. Pri edi ti s 6031 Benjaain St. NE ( S. 571-723 0) 4-1-89 M3V 18 HdtK,� 645 67th Ave. I� (H. 571-1083) 6 A ? .,•�. � • . �. AN pRDINAN(E ANE�TDII�G SECT�TS 2.03 , 2.04, 2.05, 2.06 , 2.07 , 3.01, 4.01, 4.06, 4.07, 5.01, 5.03, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, 5.10, 5.11, 5.13, 5.14, 5.15, 5.17, 5.18, 6.01, 6.02, 6.04, 7.06, 7.14, 7.15, 7.16, 11.06, 11.07, 12.03, 12.04, AND 12.05 OF THE FRIDLEY CITY CHARTER, AND ADDING SEQION 1.04 (DEFINITIONS) TfiE (� TY � OF THE QTY OF FRIIY�EY DOES O�IN AS FOLLC�nTS: That i he follaaing sections of the Fridley Clzarter be amended as follaas: 1.04. DEFINITION�� 1" �E:, ,yaible Voter. � rPGi r�nt of th� C? �v of Fridley who is �ialified to reaister to vote. 2. R, r.,,aistered Vo��r. ,�,i�g�b�e voter who is currentiv�g?GtPr� ;n �hP Citv of Fridlev. 3. ,Y �ter• ,8 regj,�tAre : voter who has voted in the City of Fridley within the ? ast � >ur vears. 4 . E :ectorate. ,T �e whole boch� of eligibl e voters. 2.03. II�ECTIVE OFFI�R.S. I. Z�e Cb�mcil shall be composed of a Mayor and four .� //Councilmen// Couric �11nPmF�+rS W� sha11 be //qual if iec�// eligible voters. 29ze Miayor shall be elec:t �d at large for a tenn of three y� years, (except the first N'ayor to be elect �d in 1957 shall be for a te�n of two �. years) . 2. C12 ��CAl.Il1C111ik'1T1�� (;^'�n�ilmPmhPr ��.1 be elected at large for a term of tt ree � years except that the first such //Councilmen-at-Large// Counc ilmember-at larae imder this Qiarter shall be the incLUY►bent elected in 1956�, with two �].. years ranaining of tenn and shall be considered to serve two �� years as //Coimcilmen-a�Large// �o�nc� ��m►_�r-at larae to 1959. 3. 7 hree y�. //C;otmcilmen// Councilmembers shall be elected for terms of thr� y� years eadi fran three � se�rate Waras of the City, as designated belc�, except that the first //Co�mcilman// Go�nc;?�.�r for Ward No. 2�mder this Qiarter SY131.1 b2 �Yle ��CALII1Cllt[lall,�� '^'�n�'i 1 _}'�r �ing one S1,L year of tern.1 yet to serve, and shall be �onsidered //Councilman// �n,�nci 7memher for 7A Page : , — Ordinanoe No. Ward 2 far a one � year term to expire in 1958. The //Councilmen// ��;, .i �?-�?-G frcm Wards No. 1 and No. 3 shall be elected in 1957 , each f or te�ns of three y� years. 5. I� :2 ��COLIl1C111ItcV�/� Cn»nc-i lmPmhar ��ed frcm a ward must be a resident of suc� ��ara and his aeasinq to be a resident thereof shall cause a vacancy in the �� fioe of //Cotmcilmar�// Souncilmember from such ward; provided that a chan�� in wara boundaries during his term of office shall not disqualify ��hjny � f hP C'rn �n� i 1 mPmhr� r f rUti SE'LV ing oUt the �II[l. 6. 'IS .e ternn of Mayor and of each //Cotmcilmar�// Sni�n�i lm�nhPr ��1 begin on the f: rst official busiriess day in the month of January //next// follawing //hi;s election// the election to office and shall end when a successor has been � luly elected and has qualified. 7�e first order of business at the first offi��: al ��mcil meeting in January shall be the swearing in of the newly elec�t� �d menbers of the Qotmcil. �e O��mcil shall be j udge of the election and :i�.s manbers. (Ref. S�ecial Flection 4/12,/60, Ord. 592) 2.04. DI�TIALIFICATI�1 F�R APPOIl�TI'IVE OFFI�. No m� �ber of the �tmcil shall be appointed acting or pennanent City Manager, nor �l �all any menber hold arry other g�id mimicig3l. offioe or engloyment under the �C ty ; and until orie � year af ter the expi rati on of // hi s// #� te rm as Mayor or ��CAtP1C111i1aI'1�� =n»n�ilrrmnhPr � fo�ner menber shall be appointed to any �� id offioe or enployment �mder the Ci.ty. 2.05. VACANC'1FiS IN �E Q�LTI�T�lZ. �,� vacancy in the �imcil shall be deemed to exist in case of the f ail ur e of a�n� person elected thereto to qualify on or before the date of the second regtiiL� �r meeting of the new O��cil, or b� reason of the death, resignation, rena�� 1 fran offioe, renoval fran the City, renwal of a ward //Councilman// ,��, ,ltr�mt r fran //his// ,�� ward, oontinuous absence f rom the City for more �han three � months, or conviction of a felony, of any such person whetlz� �r before or after his qualification, or b� reason of the failure of any ��CAr,II .C111T1c3I�� [_'-n»n�i lmPmhPr Without good cause to perform any of the duties of ma �bership in the G��cil for a period of three ,131., months. In each such case,, the �tmcil shall by resolution cieclare such vacancy to exist and shall fortl�n ith call a special election to be held not less than forty—five 145L days �.or more than sixtv 1.601 days f ran the time such vacancy is declared. In the � se of a special election to fill the vacancy, there shall be no primary elect: on. The canaidate receiving the largest n�nber of votes shall be c3ec1 ��: ed the w inner. �e w inner of sai d el ections shall be qual if ied and take offi� ii�nediately upon certification tr� the board of canvass and shall fill the r,u expi red term. 2.j. :Ii at any time the menbership of the O�Lmcil is reduoed to less than four (4) m� mbers, the reqnaining members may, by unanimous action, agpoint addi�.: onal menbers to raise the menbership to four (4) . The order of filling vacan� :ies b� appointment shall be as follaas: ,/, 1.//g� If the tenns vacant are for different lengths, the appointment w: ll be to the seat with the shortest renaining tenn. 7 B Page 3 - Ordinanoe No. // 2.//� If the tevns vacant are of the same length, the Council shall ckoose by lot which vacancy to fill by appointment. (Ref. Special II ection 3/25/75, Ord. 776) 2.06. �E I�YOR The NL;yor shall be the presiding officer of the Council, except that a presi� lent pro tem shall be chosen to hold office at the pleasure of the �imci 1, who shall act as Mayor in case of the Mayor' s di sabil ity or absence fran t ae City. Zt�e Asayor shall vote as a manber of the Council. The Mayor shall exercise all pawers and perform all duties oonferrea and imposed //upon him// �y this Qzarter, the ordinanoes of the City and the laws of the State. //He// The Mavor shall be reoocyiized as the official head of the City for all oerarc zial purposes, b� the oourts for the purpose of serving civil process, and b,� the Gavernor for the purp�ses of martial laQa. //He// The M�yor shall study the operations of the City gr�verranent ana shall report to the Council any r� �lect, dereliction of duty, or waste on the part of any officer or depart nent of the City. In time of public danger or emergency //he// � �yor nay, with the ��mcil's consent, take oommanci of the police, maintain order �nd enforve the laa. 2.07. SAI�Rn?S Ai�ID F�'II�1SFS. The M� .yor and each //Councilman// o�n >> me shall receive each year reasor �hle ren�meration or salary, the amotmt and payment of which shall be prescr ibed by ordinance duly a�bpted on or before November lst of the year prece�iing payment of the same. Until the first such ordinance is duly adopte d, the Mayor and each menber of the O�tmcil shall reoeive such salaries and a>mpensations as were received by the riayor and //Councilmen// Council�ml r� of the Village of Fridley. When authorized b� the CA�mcil, its membe �s shall be renunerated for their reasonable expenses incurred in ooru�c tion with the City's business. The City Manager and all subordinate offic� rs ana emFlayees of the City shall reoeive such reasonahle oanpensation as ma� be f ixed by the ��cil. 3.01. Q�UNCZL 1�ETII�S. On thE first official business day in January follawing a regular municipal electi on, the �tmcil shall meet at the City Hall at the usual time for the holdir � of Co�mcil meetings. At this time, the newly elected members of the CoLmci L shall ass�ne their duties. Thereafter the Cbuncil shall meet at such times 3s may be prescribed b� resolution, except that they shall meet at a fixed time not less than once each month. �e Mayor or any three y� members of the Co�cil may call special meetings of the O��cil upon at least twelve (12) t ours' notice to each member of the Council. Such notice shall be c�el ive red per sonal�y to eac� menber or be 1 ef t at the manber' s usual pl ace of resici� nce with a per�on of su�ta�ile age and discretion then residing therein, or wr .tten notice thereaf shail be left in a conspicuous place at the resic7� nce if no such person be fotmc3 there. Zhe presence of any menber of the C��ci 1 at a special meeting shall oonstitute a waiver of any formal notice tmles: //he// the member appears for the special purpose of ob� ecting to the holdir g of such meeting. The Council may provide by ordinance a means by which a minority may ooanpel the attendance of absent menbers. All meetings of the Gc �mcil shall be public and ariy person shall have access to the minutes 7C Page � — ordinanoe No. and r ecords thereof at all reasonable times. The Mayor and each ��Cp� C�� (`n,�n�i lmPmhPr ��1 have one � vote. (Ref. S�ecial Election 4/12/! 0 ) 4.01. GIIJERAI� II,ECTI0l�1 LAWS ZO APPLY. Exce� . as hereinafter prwided, the general laws of the State of blinnesota perta: ning to registration of eliqlble voters and the c.ronduct of primary and gener� S elections shall apply for all m�mici�l elections of such officers as are s� �ecified in this Charter. The Council shall, through ordinances duly acbpt� �d in oangliance with such state laws and this Charter, adopt suitable and n� �oessary regulations for the oonduct of such elections. 4.06. AAMIlIATI�iS BY PETITION. The m� K3e of nanination of all elective officers prwided for by this Charter shall be by petition. �e name of ariy //elector// eli4ible voter of the City sha11 be printed upon the ballot whenever a petition as hereinaf ter prescribed shall have been filed in //his// that nerson's behalf with the City C1erk. Such � �etition shall be sic�ed b,� at least ten (10) //electors// reg�,stered voter � qualified to vote for the offioe in question. No elector shall sign petit .ons for more candidates than the number of //places// offices to be fi11e 3 at the electior�//,// �. //and should he do so his signature// Should such � case occur, the s�cmature shall be void as to the petition or petitions 1 ast :: il ed. All nani.nation petitions shall be in the hands of the Ci ty Cl er k not m>re than one h�dred thirty (130) days nor less than one hundred (100) days �efore the general election at which time the filings shall be closed. The C.ty Clerk shall prep�re the ballots with narnes of the candidates f or an offic e in a manner to be provided by ordinance. Each petition, when prese ited, must be acao�nganied by a five dollar ($5.00) filing fee. (Ref. S�eci �1 Election 4/12,/60, General Election 11/3/64, Ord. 825) 4.07. I�MIl+IATIQ[J PETI'rIi�dS. 'I�e s.c�atures to the nanination petition need not all be appended to one ..(�. paper , but to each segarate �aper there shall be attached an affidavit of the circu _ator thereof stating the n�anber of sic�ers of such paper and that each si�a :ure agpended thereto was made in //his// the circulator' s presence and is th : genuine sic�ature of the person whose name it purports to be. With each �icg�ature shall be stated the glaoe of residence of the signer, giving the s:reet and n�n►ber or other description sufficient to identify the same. �e n miriee shall indicate b� an endors�nent upon the petition //that he will acce� t// acce8tance of the office if elected thereto. The form of the ncminition petition shall be substantially as follaws: ,l�ii�. ��i_ �. � � � We, t ie tmdersic�ed, //electors// ,_rggistered voters of the City of Fridley, here�� ncminate . . . , whose residence is . . . . , for the offioe of . . . , to be voted for at the election. to be held on the .... day of ....., 19 ..; and we inciividually certify that we are //qualified electors// �ytered voters and that we have not signed more nomination petitions of canni3ates for this offioe than there are persons to be elected thereto. 7D Page 5 - Ordinanoe No. Na¢ne Street and Nunber . . . � . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . , . . . . . . . . . ., being duly sworn, deposes and says � //that he is// '1�► the circulator of the foregoing petition paper containing sic�at �res and that the sic�atures appended thereto were made in //his// my preseice and are the genuine signatures of the persons whose names they pl1LpOL = t0 jJ2. ° . . . . . . . . . . . . . . . . . Subscr ibed and sworn to before me this ..... day of ...., 19 .. �is F:tition, if foimd insufficient by the City Clerk, shall be returned to . . . . , . , at Nunber . . . . . . . Street. I herex indicate my willinc�ess to accept the office of ..... if duly electe � thereto. 5.01. FiJWF�iS RFSERVID BY THE PEOPLE. The � ople of the City of Fridley reserve to themselves the power, in acoorc �nce with the prwisions of this Charter, to initiate and adopt any ordina �ce, except an ordinance appropriating moriey or authorizing the levy of taxes, to require such an ordinance when passed by the (btuicil to be referred to the //electors// electorate for approval or disapproval, and to recall electe i public officials. These pawers shall be called the initiative, the refere zduan, and the recall, respectively. 5.03. FUI�IIIt RF�IJLATIOIJS. � A?etition tmaer this Charter shall be f il ed in the of f ice of the Ci ty Qerk �s one � instr�rnent, which instru¢nent shall contain any instrtanent requir �, a wp� of arry ordinance proposed, covered or affected, any other doctunEnt (appropriate to the petition) and all the signature papers and affida �its attached in support of the same. A petition may be signed by any //elec :or// �eaistered voter. A petition can be circulated and verif ied only by //�n elector// a reaistered_voter who has signed the same. All the signst ures on any petition need not be on one .j,],� signature paper. The circul �tor of every paper shall //verify b� affidavit attached that he (she) was th: circulator of the same, that each sic�ature was signed in his (her) presen:e, and is of the person that the same purports to be and that each signe� affirmed that he (she) was an elector at the residence statea thereo i.// be verified as the circulator of the same bv attached affidavit which ;tates that each signature was sicmed in the circulator' s gresence and ,is of thP ,person that the same ,p�x�rts to be and that each signer was ��d as a reai�terea voter at the residence stated thereon. Any paper lackii g such affidavit or verified by an affidavit false and untrue is insuff icient and void of effect. (Ref. Ord. 625) 5.04. INITIATIC�T OF M�A571RF5. Any f: ve �//electors// registered voters may form themselves into a oorunit :ee for the initiation of any orc3inance except as provided in Section 5.01. Before circulating any petition they shall file a verified copy of their �roposed ordinance with the City C1erk together with their names and 7 E Page E - Ordinance No. addre: ses as menbers of such ooa�unittee. They shall also attach a verified copy �f the proposed ordinance to each of the signature papers herein descr:bed, together with their names and addresses as sponsors thereof. 5.05. FURM OF PETITIC�1 AAID OF SIGI�,NRE i�1PERS. 7he p� �tition for the adoption of any ordinance shall oonsist of the ordinanoe, togetl �er with all the sic�ature papers and affic3avits thereto attached. Such petit .on shall not be oo�nglete �mless signed by //a nuQnber of voters equal to// � �t least ten peroent (10$) of the total n�anber of registered voters as of Janua .y lst of that year. Each sic�ature paper shall be in substantially the folla �ing fonn: INITT.ATIVE PETITION Propcsing an ordinance to . . . . . . . . . (stating the purpose of the ordin ince) , a oop� of whicfi ordinanoe is hereto attached. This ordinance is spons >red b� the follaaing con�nittee of //electors// .iggistered voters: NaQne 1. . . . . . . . . . . . . 2. . . . . . . . . . . . . 3. . . . . . . . . . . . . 4. . . . . . . . . . . . . 5. . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The � adersigied //electors// _rggistered voters, understanding the terms and the r 3ture of the ordinance hereto attached, petition the Council for its adop�.ion, or, in lieu thereof, for its submission to the //electors// �, ect orate for thei r appraval. !� -� i. . . . . . . . . . . . . 2. . . . . . . . . . . . . 3. . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . At t.� e end of the list of si�atures shall be appended the affidavit of the circi lator mentioned above. (Ref. Ord. 625) 5.06 � FILING OF PETITI�IS Ai�ID A(TI�1 ZSERDCN. With:.n five .j5� days after the filing of the petition, the City Clerk shall asce� tain by examination the ntmber of //electors whose// signatures //are// appe� �caed thereto and whether this nunber is at ieast ten peroent (10$1 of the tota: nunber of //regular// YeQi, 'stered voters� �s nf .7an��a i 7�t of that year. If tl �e (�ty Qerk f inds the petition insuff icient or i rregular, //he// � Citv .�k shall at onc:e notify one � or more of the o�mmittee of sponsors of t7 �at fact, oertifying the reasons for //his finding// t-� 'nsufficiency or ,yr,�� ruZaritv. The c�o�nittee shall then be given thirtv 1,30Z days in whicYi to �ile aoditional sic�ature gapers and to correct the petition in all other �rt.culars. If at the end of that period the petition is found to be still ins ifficient or irregular, the �Pt�tinn sha11 be filed in 7 F Page 7 - Ordinanoe No. the Ci„v Clerk's office. � C7ty Qerk shall //file it in his office and shall/ � notify each menber of the �nunittee of that fact. (Ref. Ord. 625) 5.07. AGTION OF �IE mIJD1CII� CN Ph'rITIONS. When t ie petition is fotmd to be sufficient, the City Clerk shall so certify to the �imcil at its riext meeting, stating the nunber of petitioners and the peroen :age of the total nunber of r�qistered voters which they o�nstitute, and the Cb mcil shall at once read the ordinance and refer it to an appropriate ooaranit tee, which may be a oo�nittee of the whole. The committee or Council shall thereupon pravide f or publ ic hearings upon the ordinance, af ter the holdir 3 of which the ordinance shall be finally acted upon b� the �uncil not later than si y-five j651 days after the date upon which it was submitted to the C� sicil b� the (�ty C1erk. If the Council fails to pass the proposed or6in�.nce, or passes it in a form different from that set forth in the petiti�n and unsatisfactory to the petitioner, the proposed ordinance shall be sut�nit ted b� the �tmcil to the //vote of the electors// electorate at the next r�gular m�mici�a.l. election; but if the nunber of sic�ers of the petition is egL31 to at least f;ft�n r�pn �5$1 of the total nuanber of �registered voter:, the �Lmci� shall call a special election upon the measure. Such speci; �l election shall be held not less than thirtv .L301 nor more than fortw �.L451 days f rcm the date of f inal action on the ordinance by the Co�cil or after the expiration of six�y-five j65Z. days from the date of submi: ;sion to the Council when there has been no f inal action; but if a reyul� r election is to occur within three � months, the Council may sutxnit the or 3inance at that election. If the ��cil g3sses the proposed ordinance with � nenc�nents anci at least four-fifths 14/51. of the oommittee of petitioners do not express their dissatisfaction with such amended form by a stateqnent filed aith the City Qerk within ��01 ciays of the passage thereof by the Co�cil, the ordinanoe need not be sukmitted to the //electors// electorate. 5.08. INI'PIATIVE BALIA�tS. �e tx llots used when voting upon such proposed ordinance shall state the subst�.nce of the ordinance and shall give the //voters// electorate the opport �ity to vote either "Yes" or "No" on the question of adoption. If a majori ty of //the electors// those voting on ar�y such orclinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of propo:�d ordinances may be voted upon at the same election but the voter shall be al..awed to vote for or against each separately. In the case of inoon: istency between two .j� or more initiative ordinances approved by the //elec tors// voters, the orclinances shall not go into effect until the City Cbunc� 1 has had �� .�601 days to resolve the inconsistencies. (Ref. Ord. 625) 5.09. INITIATION OF QiAR'I'IIZ AN�1L1N�1'L5. Nothir g in this Charter shall be oonstrwed as in any way affecting the right of the //electors// eligible voters under the Constitution and Statutes of Minne:�ta to propose aQnendments to this C�arter. 8 - Ordinance No. 1 1: ; �1:��1; ?,1�_IJ,� . If pri �r to the date when an ordinance takes effect a petition signed by //qual ified electors of the City equal in nunber to// at ?P�Gt fift�n peroent S,1.5$Z. �f the registered voters //filed with the Gity Qerk requesting// as of ,�,x,r lst of that year reauest that any such ordinance be repealed or be sutmit ted to a vote of the electors, the ordinanoe shall thereb� be preventecl from � �oing into operation. The Council shall thereupon reconsider the ordina zce at its next regular meeting, and either repeal it or by aye and no vote r y-affi�n its ac�erence to the ordinance as �ssed. In the latter case the CJc ;mcil shall imnediately or3er a special election to be held thereon, or sulmit the ordinance at the ne� regular m�icipal election, pending which the ordina noe shall renain suspended. If a majority of //the electors voting there��n// those voting is opposed to the ordinance, it shall not become effect ive; but if a majority of //the electors voting thereon// those votina favor: the ordinance, it shall go into effect iimnediately or on the date therei n specified. 5.11. RF.FERF3�IDUM PETITIa[1S. �+• a i� � � Propo �ing the repeal of an ordinance to (stating the purpose of the ordinanoe), a oopy of which ordinanoe is hereto attached. The proposed repeal is spc nsored b� the follaaing co�►ittee of //electors// .�g? GtP?'ed voterG: N�ne Address 1. . . . . . . . . . . . . . . . . . . . . . . . . . 2. . . . . . . . . . . . . . . . . . . . . . . . . . 3. . . . . . . . . . . . . . . . . . . . . . . . . . 4. . . . . . . . . . . . . . . . . . . . . . . . . . 5. . . . . . . . . . . . . . . . . . . . . . . . . . �e � dersicyled //petiti�ers// r�,gistered voters, Lmderstanding the nature of the o�ainance hereto attached and believing it to be detrimental to the welfa� e of the City, petition the Coimcil for its suL-unission to //a vote of the e]ectors// the electorate for their apprwal or disappraval. N�ie Address 1. . . . . . . . . . . . . . . . . . . . . . . . . . 2. . . . . . . . . . . . . . . . . . . . . . . . . . 3............. ............. 5.13. ZHE R�C�ii�,. Any f ive �//electors// registered voters may form themselves into a va�nittee for the purpose of bringing about the recall of ariy elected officer of thE C:i.ty in acoordance with praoedures establisY�.ed in Section 5.03. The �mmi :tee shall certify to the City Clerk the name of the officez whose ranav� 1 is sought, a statenent of the groimds for rendval in not more than � ��, r3 fiftv 12501 words, and thei r intention to bring about //his// � 7G Page � - Ordinanoe No. recal L. A oop,� of this oertificate shall be attached to each sic�ature paper and r o signature paper shall be put into circulation previous to such oerti `ic�ati�. (Ref. Ord. 625) 5.14. RECAI�L PETITD�S. REQ�Id, PETl'PION Prop� aing the rec,all of . . . . . . . . . fran //his// offioe as . . . . . . which rec.all is sought for the reasons set forth in the attached oertificate. This moveqnent is sponsored by the follawing committee of //electors// �� =ered voters• Na¢ne Address 1. . . . . . . . . . . . . . . . . . . . . . . . . . 2. . . . . . . . . . . . . . . . . . . . . . . . . . 3. . . . . . . . . . . . . . . . . . . . . . . . . . 4. . . . . . . . . . . . . . . . . . . . . . . . . . 5. . . . . . . . . . . . . . . . . . . . . . . . . . The u idersic�ed //electors// r�istered voters, understanciing the nature of the c iarges against the officer herein sought to be recalled, desire the holdi ig of a recall election for that purp�se. Na¢ne Address 1. . . . . . . . . . . . . . . . . . . . . . . . . . 2. . . . . . . . . . . . . . . . . . . . . . . . . . 3............. ............. At th � end of the list of signatures shall be appended the affidavit of the circu�ator. (Ref. Ord. 625) 5.15. FTLING OF PETITIO[J. Withil thirtv .L301 days after the filing of the original certificate, the oommi :tee shall file the wmgleted petition in the Offioe of the City C1erk. Zhe C:ty Qerk shall examine the petition within the next five .�,51. days, and if // ze// the Citv Clerk finds it irregular in any way, or finds that the nunbe : of sicg�ers is less than tw��y-five 1251 peroent of the total ntanber of regis:ered voters of the //City// tn'ard or �ity r�resented by the office � s, //he// the Ci�y C1erk shall so notify one � or more members of the ooarani �tee. The oo�nittee shall then be given ten (10 ) days in which to f il e additlonal sic�ature �pers and to o�rrect the petition in all other respects, but t iey may not change the statenent of the gro�mds upon which the recall is souqh :. If at the end of that time the Ci.ty Cl erk f inds the petition still insuf ficient or irregular, //he shall notifX// a11 the members of the �¢ni :tee shall be notified to that effect and //shall file// the petition //in iis// .shall be filed in the Ci�y Clerk's offiae. No further action shall be ta ;en thereon. 7 H 71 Page LO - Ordinanoe No. 5.17. P�DURE AT RD(�lId, ELFXT�I. The (lerk shaZl include with the pub�ished notice of the election the statement of the grounds for the recall and also, in not more than five h�dr�d (500) worc�s, the answer of the offioer oonoerned in justification of //hi: // �. course in off ice. Candidates to succeed the off icer to be recalled shall be naminated in the usual way, and the election shall be o�nci� cted as far as possible, in accordance with the usual procedure in m�ic :g�l elections. 5.18. FURM OF RECALL BAI.I,OT. Unles � the of f ioer whose renwal is sought resic�s within ten (10 ) day s af ter the r�oeipt by the �tmcil of the v�mgleted recall petition, the form of the ballo: at such election shall be //as near as may be//: "Shall ....... be re �lled?", the name of the offioer whose recall is sought being inserted in th � blank, and //the electors// those votina shall be permitted to vote separ �tely "Yes" or "No" upon this question. The ballot shall also contain names of the candidates to be voted upon to f ill the vacancy, in case the recal _ is successful, t,ulder the caption: "Candidates to fill the place of .. ..... ...., if recalled"; but the officer whose recall is sought shall not be a candidate upon such ballot. If a majority of those voting on the q zestion of recall vote in favor of recall, the official shall be thereby renov :d frcen offioe, and the candidate who receives the highest n�unber of votes //for his plaoe// shall be elected thereto for the remainder of the �e�cp.red term. If the offioer sought to be recalled resic�s within ten (10) days � ifter the receipt b� the Co�cil of the completed recall petition, the fo�n �f ballot at the election shall be the same, as nearly as passible, as the f�rm in use at a regular mtmicipal election. 6.01. �iE QTY MAN11GII2. R�e C.ty Manager shall be the Chief Achii.nistrative Offioer of the Ci.ty//.// .L //H%' .� shall be chosen lx the Cou�cil solely on the basis of his training, exper .ence and ac�ninistrative qualifications. The choioe shall not be limited to in iabitants of the C�ty or State but //he// shall be limited to a citizen of th � United States. The City Manager shall be appointed for an indefinite perio � and //he// shall be renovatale b� the Council at any regularly scheduled meeti ng provided at least three y� members of the Council vote for the renw �1. (Ref. Ord. 790) 6.02. POWF�S AND D[ITIFS OF �E QTY MANAGE�t. (� �) To attend all meetings of the do�mcil, with the riqht to take g�rt in tl �e discussions but having no vote; but the Coimcil may at its discretion e:clude //hu�ll the Citv Manaqer frcm meetings at which //his// the City ,�, inager's renwal is �nsiclerecl; (:) To reood►m►end to the �b�mcil for adoption such measures as //he// may /,'deem// be deemed necessary for the welfare of the people and the e�ficient ac�►iinistration of the City's affairs; 7J Page ll - Orclinance No. ( z) To perfonn such other duties as may be prescribed b� this Charter or r�quired //of him// by ordinances or resolutions adopted by the Council. ( �ef . �Ord. 790 ) 6.04. Si�O�INATE OFFI�ILS. Zhere shall be a City Qerk, City Treasurer, City Attorney and such other offio�rs subordinate to the City Manager as the Council may provide for by orclin �nce (s) .�e City Qerk shall be subj ect to the di rection of the City Manag��r and shall have such duties in oonnection with keeping of the public reoor�is, the custody and disbursernent of the public funds, and the general adnin .stration of the City' s affairs as shall be orc3ained by the Council . //H%' The City C1erk may be desic�ated to act as Secretary of the Council. Zhe C>uncil may by ordinance abolish offices which have been created by ordin� .nce and it may oombine the duties of various offioes as it may see f it. (Ref. Ord. 625, 790) 7.06. FNF�DRCEI�3�Tr OF ZSE BtI�GEI'. It sh� 11 be the duty of the City Manager to enforoe strictly the prwisions of the Yx dget. //He// The City Manaaer shall not apprwe any order upon the Ca.ty Treast rer for ariy expenditure u¢�less an appropriation has been made in the budqe:, nor for any expenditure covered by the budqet unless there is suffi:ient unenciunbered balance left after deducting the total past expenc itures and the s�nn of all outstanding orders and encumbrances. No offi� r or englc�yee of the CYty shall glaoe any orders or make any purchases except for the purposes and to the amounts authorized in the budget. Any ot�lic� tion incurred b,� any persfln in the angloy of the City for any purpose not ai thorizec3 in the budget or for arry �notmt in excess of the aano�mt therein autho:�ized shall be a personal obligation upon the person incurring the expenciture. 7.14. AC!�UNrS AND REF�OFriS. �he C7 ty Manager shall be the Chief Accounting Officer of the City and of every branch thereof, and the Council may prescribe ana enforce proper accoim ang methods, forms, 4lanks, ana other devices wnsistent with the law, this C zarter and the ordinances in aco�rd with it. //He// The Citv Manager shall aukmit to the Qoimcil a stater�ent each month showing the aanotmt of money in the custody of the City Treasurer, the status of all funds, the amount spent >r chargeable against each of the annual budget allawances and the balanc �s left in each and suc,h other information relative to the f inances of the Ci _y as the Gotmcil may require. The Council may at any time anct shall annual.y pravide for an audit of the City finances by a certified public acoo�:ant or by the departinent of the State authori.zed to make examination of the af :airs of m�icipalities. On or before the f irst day of April in each year tie City Manager shall preg�re a complete financial state�nent in form apprav �d by the Cotmcil of the City's financial operations for the prececiing calend �r year, and quarter, which statanent may be published in such manner as the Ccuncil may direct and a s�unmary thereof shall be publishea in the offici� S newspaper � or before the third week in April, July, October ana Januar � as appropriate. (Ref. Ord. 625) 7K Page 12 - Ordinance No. 7.15, Bt1�IDED �IDT AI�ID D�T LIMIT. 2. 7 he Co�cil by a vote of at least �� 1.41 of its meqnbers may authorize the ;.ssuance of the bonds to provide funds for any public purpose not prorii bited by laa, or may in its discretion, tr� a majority vote of all of its men}� rs sutmit to the //votersf/ Pl a�tnratr� groppsitions f or the issuance of such bonds. When such a proposition is submitted to the //vote�s// ,Q, ect,�rate, no bonds or other term obligations of the City may be issued exce� t pursuant to a favorahle vote of a majority of those //voters who vote,// votirg on the proposition of their issuance. By the proceedings for the issua nce of arry bonds, by the tetms of the b�nds and by agreesnents with the purr.Y asers of bonds, they may be made special in character and limited in their �yment to earnings or to part earnings and part tax funds. To the exter t that they are thus gayab.le out of earnings or other than tax funds, such bonds shall not be �id out of ta�oes. The total bonded debk of the City at tr � time of the issuance of arry bonds shall not exceed ten peroent 110�) of the 1 ast assessed valuation of the taxable property therein, or the limit auth� �rized by State law for cities of the same class, whichever is the great er, but in oomputing the total bonded debt, oertif icates of indebtechess, b�nd�, warrants or other obligations issued before or after adoption of this Char�.er shall not be included or counted if (1) held in a sinking fund maini ained by the City; or (2) issued for the acquisition, equipment, purch �se, wnstructioaz, maintenance, extension, enlargenent or improvement of street railways, telegraFh or telephone lines, water, lighting, heat and power glant �, or either, or a.ny other public wrrvenienoe fran which a revenue is or may t� deriveci, aaned and operated b� the City, or the aaquisition of property rieecae 3 in oonnection therewith, or for the construction of public drainage ditct es, storm and sanitary sewers, or for the aaquisition of lands for stree �s, parks, or other public impravenents or for the improveqnent thereof, to th: extent that they are �yakale fram the proceeds of assessments levied upon �roperty especially benefited b� such impravenents; or (3) issued for the creat ian of maintenance of a pernianent impravenent revolving f�md; or (4) for the F�rpose of anticipating the oollection of general taxes for the year in which issued. 7.16. F�RM ADID REPAYI�IT OF BCND6. l�b bo Zc�s shall be issued to rtm for longer than the reasonable life e�eetancy of t.Y e property or improv�nent for which the bonds are authorized, as ascer:ained and set forth in the resolution authorizing such bonos, and in no case shall bonds be issued to run for more than thirty (30) years. The pur�o 3es for which bonds are authorized shall be set forth in the resolution authe : iz ing then and the proceeds f ran such bonds shall not be diverted to any other purpose. It shall be the duty of the City Manager to include in //his// �� idget estimates each year a siun or s�uns amply sufficient to pay the princ lp�l of, and the interest on, any bonds which are to fall due in the o�min � fiscal year, aEnn another stm sufficient to pay the interest for the same �ear on the boncl5 which will be still outstanding. It shall be the duty of th � Council, enforoeahle by mandamus upon the suit of any bondholder or taxpa �er, to include such sun or s�ns as may be r�eoessaYy for this purpose in the a�nual budget which it p3sses. � Page : 3 - Ordir�anoe No. 11.06 , P�L�IC DTII�ITY, HQvT 9CLD. No pu! lic utility vwryed b� the City, whether aoquired prior to the adoption of this � harter or thereafter, shall be sold or otherwise disposed of by the City, unless the full terms of the proposition of said sale or other dispo: ,ition thereof, t�ogether with the prive to be paid theref ore, shall be enbod' ed in an ordinance passed b� an affirnnative vote of at least �our 1,41 menber s of the Co�cil, and sub�nitted to the //electors// electorate at a gener< 1 or special election and approved by at least sixtv 1601 percent of //the voters// those voting thereon. 11.07 � MTNtQP�i, UTII�ITY O1�ANIZATD(�1.5. � Tl e Council by majority vote may provide for the establishment of a separ ite department to ac�ninister the utility function, including the regul� tion of privately awned and operated utilities and the operation of m�ira p�lly vwr�ed utilities. Such deg�rtment shall keep separate financial ana ac oo�mting re�rds for each m�icipally awned and operated utility ana prior to the f irst day of each f iscal year shall prepare //for the City Manac� r in acoordance with his specifications a ooanprehensive report of each utility.// a comprehensive renort of each utilitv in accordance with the City �; r' s cif ications. 12.03 , OA� OF OFFI�. EVer� offioer of the City shall, before entering upon the duties of //his// � o::fice, take and subscribe an oath of office in substantially the folla� ing fonn: "I c�o soler�nty swear (or affinn) to support the donstitution of thE United States and of the State of Minnesota and to discharge faithfully the ch ties devalving upon me as (Mayor, or Councilmember, or City Manager, etc.) �f this Gity to the best of my juc3g�nent and ability." 12.04. QTY OFFICF�RS I�T Zt� ACCEFT FAVORS OR Q�1'iRAClS. No mat ber of the C�ty ��cil or englayee of the City shall solicit or reoeive any �x �, oommission, money, thing of value, or derive ar�y prof it, di rectly or indir��ctly, from or by reason of, any improveqnent, alteration or repair requi r ed b,� authority of the City, or any �ntract to which the City shall be a party, except J%his// lawful compensation, including authorized expen� iitures, or salary as such member of the City Council or as such enplay ee. No menber of the City Cotmcil or enployee of the City, except as other� ise provided in this Charter, or by law, shall solicit, accept or receiv e, di rectl.y or indi rectly, f ran any pub�. i c ut il i ty co r po r ati on or the vwr�er �f ariy pukalic utility or franchise, ariy pass, frank, free ticket, free servic �, or any other favor, upan tenns more favorahle than those granted the public generally. A violation of aryy of the prwisions of this Section shall dis�ua lify the offender, if fotmd guilty, fran oontinuing in offioe or in the enplay nent of the City, and //he// the offender shali be r�noved theref rom. Any oo �tract with the C�ty in which ariy menber of the City Cot�cil or englayee of the (�ty is, or beoomes, directly or indirectly interested personally shall be vai �ak�l.e at the option of the Co�cil; and ariy money whirh shall have been paid o z such oontract by the City may be recovered from any or all of the pers�n a interested therein b� joirit or several action. 7L Page 14 - Ordinance No. 12.0. i. OFFIQAL B(�iia6. ZY�e ��ffioes of City Manager, the City Qerk and City Treasurer and such other offi� �ers or englayees of the City, as may be pravided for b� ordinance, shall each, before entering upon the duties of their respective offices or engl� yment, give a carporate surety bond to the Ci.ty in such form and in such ano�n t as may be fixed by the Cotmcil as security for the faithful performance of tl eir respective official duties and the safekeeping of the public funds. Such bonc3s shall be approved by the City Cotmcil and approved as to form by the c xty Attorney. They shall be filed with the Secretaiy of the CJ��cil. In the E vent the Secretary of the Council holds more than one �. office by appo� ritment, //his// the Secretary's bond or bonds shall be f iled with the Mayoi. Zhe pravisions of the laQas of the State relating to official bonds, not � noonsistent with this C�►arter, shall be �nglied with. The premi�uns on the c�rporate surety bonds hereinbefore provided for shall be paid by the Ci. ty . PASSE D AND ADOF�ID BY �iE QTY (]JUNC�� OF TfiE QTY OF FRII�,EY THIS I�AY OF , 1986 WILLIAN J. NEE - NP�YI�R � c: S�iIRL.:Y A. H�PALA - QTY CLERK Puhli� : Hearing: May 19, 1986 First Reading: Seo�n� i Reading: Puhl i: h : ? M � CITY OF FRIDLEY PLANtJIP�G COr4�1ISSI0N MEETIt�G, �1AY 2i3, 1986 CALL 10 OF;DER: �'ice-(hairperson Oquist called the P4ay 28, 1986, Planninq Cortmission meeting to arcer at 7:35 p.n. RQLL tALL: Menbe�s Present: LeRoy Oquist, Dean Saba, Sue Sherek, Richard Svanc{a (for t•layne Wellan), Donald Betzold Wlenber s Absent: Dave Y.ondri ck Others Present: Jim Robinson, Planning Coordinator Jock Robertson, Community Development Director Leslie Kohanek, 5825 65th Ave. No. l�i 11 i am P1on1 os, 5825 65th Ave. P�o. F�arris Ratnayake, 298 Liberty St. t�.E. Pastor Denyes, 472 Osborne Rd. D. Anderson, 124 N, lst St. Jim Winkels, 5780 Lincoln Dr. APPRO�qL OF �1AY 7, 1986, PLA�J��ING CO�iP1ISSI0�J P1It�UT�S: MO�'IOA BY 11R. BETZOLD, SECONDED BY MR. SABA� TO APPROVF. TIiE MAY 7, 1986, PI,�71V�'1 "7G C0l4.MI,SSION MINUTES AS WRITTEN. UPON � VOICE VOTE, ALL VOTING AYE, VICE-CIIAIRPF.RSON OQUIST DECT.ARED '_^HF. MOTIOPI CARRIE � UNANIAfOUSLY. 1. Pl. BLIC NEARING: CONSIDERATIO�d OF A SPECIAL USE PERPIIT, SP #86-04, [3Y L�E SLIE K H WEY.: �r Section 5.18.1, C, 9 of the Fridley City Code, to allo►•� exterior st�rage of mater�als and equipment on Lots 1 tf�rough 8, Block 5, �naway, th � sane 6eing 55 - 77th 1•Jay N. F. MC rION BY MR. BETZOLD, SECONDED BY MS. SHEREK, TO OPEN TFIE PIIBLIC HF.ARIl7G, UP �N A t/OICE VOTE, ALL VOTIPIG AYF., VICE-CHAIRPFRSON OQUIST DECLARED THF. PU?LIC HEARING OPEN AT 7:36 P.M. �1r. Robinson stated the property was located on Gumw�od St, between 77th ani 78th and just east of ti�e railroad tracks. The property was zoned F1-2, _he�vy industrial, and most of the property in the irimediate area was also iniustrial, The proposal was for outdoor storage. The petitioner has applied fo� a variance for a side yard setback from 2� ft. to 0 ft, along the center li�e of the vacated Gumwood St. That variance was approvecl by the Appeals Co �ission and would go to City Council along with this special use pPrriit on June 2. There was also a public hearinq for the vacation of a utility ea�ement along Gumwood. T►�e right of way has already been vacated. �� PLAP1� II�G COP1t1ISSI0lJ t1FETI�dG, NAY 28, 1986 PAGE 2 hr. �obinson stated tF�e storage �rard was approximately 1/2 acre. It sits �pproxi�ately 165 ft. from 77th on the southand approximately 125 ft. from iSth on the north The area would be entirely fenced with an 8 ft. fence, Nhich should provide a good screening of the area. P�r. Robinson stated Staff was recomnending the following stipulations: 1. Provide an 8 foot F�igh screening fence around the perimeter of the storage area (solid wood or chain link with slats). 2. Provide a 6err�ing, landscaping and irrigation plan for staff approval. 3. Provide a storm drainage plan for staff approval. 4. IJork with Display Arts to accomplish a joint driveway easement on the west half of vacated Gur�wood, lying south of Lot 11. 5. Provide a site performance bond equal to 30 of construction value. 6. No material to be stored so as to be visible fro� the right-of- ways. t1�. Svanda asked what kind of material would be stored in the storage area. �4�. Kohanek stated his company manufactures wooden pallets. The ratv wood c�nes down from up north in hundles. The bundles would be stored plus some o� the finisf�ed wood pallets, M•, P1onlos stated he was told that the fencing would not be required on the ��st side along the railroad tracks. 1�•. Robinson stated that was true. lie did not see any particular reason why s;reening would be needed along the railroad tracks. M•. Y,ohanel; stated that with some of the stacks of wood that are 4'2-5 ft. h gh, since they are lfi5 ft, from llth, some of the stacks might be visible f �om the road. �1��. Robinson stated one thing t1r. Kohanek cauld do was install a berm to a�ld some extra elevation to the fence. t9( �TIO.N BY MR. SABA, SECONDED BY MR. BE"'20LD, .TO CLOSF. THE PUBLIC HEARING. U] 'ON A VOICE VO_TE, ALL VOTING AYE, VICE-CHAIRPF,RSON OQI/IST nECLARED TNE Pl'BLIC HEAftING CLOSED AT 7:49 P.M, : : PLl1"�N fNG COPINISSION NEETING, MAY 28, 1986 PAGF 3 M Y!'ION BY 1fS. SIIBREk, SF.CONDED BY MR. BETZOLD, TD RECOMMEND TO CITY COUNCIL A�PROVAL OF SPECIAL USE PERMIT, SP #86-04, BY LESLIE KOHANEK, PF.R SECTION 2>5.18.1, C� 9 OF '_�'HE RRIDLEY CITY CODE TO ALLO�� EXTERSOR STORAGF. OF MATERIALS AiD EQUIPMENT ON LOT5 _1 THROUGH 8� BLOCK 5, ONAWAY, THE SAME BEIlIG 5>- 77TH W.�Y N.E. , WSTH THE FOLI,OWING STIPULATIONS: 1. PROVIDE AN 8 FOOT HIGH SCREENIPIG FENCE AROUND THF. PERIMETER OF TNE STORAGE AREA EXCEPT THAT SCREENING NOT BE REQUIRED Otl THF. WEST SIDE ADJACENT T1D THE RAILROAD RIGHT-OF-WAY. (SOLID WOOD OR CHAIN LINK WITX SLAT5.) 2. PROVIDE A BERMING� LANDSCAPING, APJD IRRIGATIOII PLAN FOR STAFF APPROVAL. , , ' �' 3. PROVIDE A STOR1� DRAINAGE PLAN FOR STAFF APPROVAL. 4. WORK WITK DI5PLAY ARTS TO ACCOMPLISH A JOIfJT DRIVEWAY EASEMENT ON THE WEST HALF OF VACATED GUMWOOD, LYING SOiITH OF LOT 1I. 5. PROVIDE A SITE PERFORMANCE BOND EQUAL TO 3� OF CONSTRUCTION VALUE. 6. ND MATERIAL TO BE STORED 50 AS TO BE VI5IBLE FROM THE RIGHT- OF-WAYS . U>ON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIA.PF.RSON OQUIST DECLARF.D THF, !�l)TION CARRIED UNANIMOUSLY. 2. P 1f3LIC HCARING: CO��SIDERATIOP� OF A SPECIAI_ 11SF PER�1IT SP #.86-05 i� RRIS RATNAYAY.E: P�r Section 205.0 .1, C, 2 of the Friclley City Code to allo�� a Montessori/ d�y care facility on Lots 1 through 5 and part of Lots 8 throuqh 12, alock 1, Osborne Manor Second Addition, the same being 472 Osborne Road N.E. MITION BY MR. SVAIVDA, SECONDED BY MS. SHF.REK, TO OPEN THE PUBLIC HEARING. U�ON A VOICE VOTE, ALL VOTING AYF., :IICE-CHAIRPF.RSON D�JUIST DECLARF.D THE PIBLIC HEARING OPEN AT 7:51 P.M. P1°. Robinsor. stated this property was located on the southeast corner of 0>borne and 5th St. The property was zoned R-1 as was the surroun�iing a�ea which included Unity Hospital. The proposal was for a �1ontessori/ d�y care facility for up to 30 children and application has been made to the S�ate to license the facility. The age group would be 22-6 yrs., and the h wrs of operation would be 7:00 a.m, to 6:00 p.m. flonday through Friday. M,. Robinson stated there was no real concern at this point on the traffic inpact to the surrounding neighborhood; however, Staff had some concern a�out the surrounding traffic and its potential impact on the children. So, oie of the stipulations reco�nended by Staff was to provide a fenced area with tot lot equipment prior to occupancy. This fenced area could be in t �e rear of the faci 1 ity. M°. Rohinson stated the day care facility itself would be located behind tie sanctuary of the church in the southwest corner. 8C PLANr� It�G C0�1P�ISSI�N MEETING, MEIY 28, 1986 PAGE 4 ��1°. Robinson stated the traffic concern was related to a lot of parkinn in t�e area, both on the church property and also to the south with the Unity H�spital development. M•. Robinson stated Staff was recommending the following stipulations: 1. Petitioner to provide a fenced area with tot lot equi�nt prior to occupancy. 2. Owners to work with staff to provide landscaping and concrete curbing to meet City codes. 3. Owner to provide performance bond in the amount of �5,000 to cover site improvements. F1r. Robinson stated he has talked to Pastor Denyes, who indicated they are ir the process of selling the property to Nealth Central and that it migF,t bE a waste of money to make the landscaping and curbing improvements at this ti�ne. P1r. Robinson was suggesting that the City give the church until SEptember to finalize their plans, but to allow the day care facility to be irstated. If by September, the church's p]ans are not finalized, then the ch�rch would be requir�ed to install the landscaping and curbing improvements. Mr. Betzold asked Mr. Ratnayake that if the church might be moving, would he still go ahead with incurring the cost of the fencing and tot lot eq�ipment? P1r, Ratnayake stated that if the fencing and tot lot equipr�ent are easily moied, there would not be any problem, Pa�tor Denyes stated that it was going to take them at least a year to build th�ir new building so they will still be in their current facility for a yeir after it is sold. P1s Sherek stated she thought stipulations 2& 3 would have to be reconsidered in September, because it will then depend upon whether a church occupied the pr►perty or if Health Central purchased the property. If a church was going to occupy the property, then the City would expect the landscaping and curb- inI improvements to be made. If tt�e property was sold to Health Central, th��n the City would have to wait until they knew Health Central's plans for th� property. Mr. Robinson asked Pastor Denyes if he would be willinq to make the improve- me�ts to the property if, in fact, they do sell the property to another church. Pa�tor Denyes stated he felt something could be worked out and could be part of an overall sales agreement between the two �arties. Ne would be willinc� to cormit to making the improverients if they do se11 the property to another ch� rch. : � PLANN �JG COt�t1ISSI0N MEETI�JG, MAY 28, 1986 PI1GE 5 11c'.TION BY MR. SABA, SECONDED BY MS. SKEREK, TO CLOSE THE PUBLIC XEARING. UION A VOICE VOTE� ALL VOTING AYE, VICE—CHAIRPE�LSON DECLARED THE Pi18LIC !i� 'ARING CLOSED AT 8: OS P.M. Mf'TION BY MR, SABA, SF.CONDED BY MS. SHEREK, TO RECOMMEND TO CITY COUNCIL A1 PROVAL OF SPECIAL USE PERIfIT, SP 1186-05, BY HARRIS RATNAYAKE, PF.R SICTION 205.07.1, C, 2 OF TNE FRIDLEY CITY CODE TO ALLOW A MONTESSORI/ D�Y CARE FACILITY ON LOTS 1 THROUGX 5 AND PART OF LOTS 8 THROUGH 12, Bi OCK Z, OSBORNE !:'ANOR SECOND ADDITION, THE SAMF. BF.ING 472 05BORIVE RDAD N,E. � W:TH THE FOLLOWING STIPULATIONS: 1. PETITIONER TO PROVIDE A FENCED ARF:A WI"_'H TOT LOT EQUIPMEIJT PRIDR TO OCCUPANCY. 2. OWNERS TO WORK WITH STAFF TO PROVIDF. LANDSCAPING AND CONCRETE CURBING TO MEET CITY CODES. 3, OWNER TO PROVIDE PERFORMANCE BOND IN THF. AMOUNT OF $5�000 TO COVF, R SI TE IMPROVEMENTtS . S:IPULATIONS Z& 3 TO BE REVIF;WED IN SEPTEMBER BY CITY STAFF. OR WHEN THE DISPOSITION OF TNE Pi20PERTY IS DECIDED, IF THE DISPOSITION IS TO ANnTNER Ct.URCH, THEN THESE IMPKVEMENTS MUST BE MADE AT THAT TIME; IF THF, PROPERTY I� SOLI) TO HEALTH CENTRAL, THEN THE CITY WILL TAKE Tf1E MATTER UP WI'_"H THFM. L7F �N A VOICE VOTF., ALL VOTING AYE� VICE—CHAIRPERSON OQUIST DECLARF,D THF. MCTION CARRIED UNANIMOUSLY. 3. Pl BLIC HEARI��G: COtJSIDERATION OF A SPFCIAL USE PERMIT, SP #f36-06, BY WIWFIELD DEVELOPPIENT: PEr Section 205.17.1, C, 1 of the Fridley City Code to allow offices not a�sociated with a principal use on Lot 4, except the northerly 35 ft., Lcts 5 and 6, alock 1, Paco Industrial Park. M.CTION BY 1�7R. SABA, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC NEARING. L�F �N A VOICE VOTE, ALL VOTIPIG AYF., VlCE—CHAIRPFRSON OQUIST DECLARED THE PCBLIC HEARING OPEN AT 8:10 P.M. Mr. Robinson stated this property was located west of Univeristy Ave, south a1 U.S. Swim & Fitness and north of the Corununity Park. The proposal was for ar office/warehouse facility located in M-1 industrial zoning, At this time, tfe petitioners are not entirely sure how the facility is going to 7ease up ir terr�s of office users. Because of the high quality office/kareRouse type ccnstruction similar to the East River Road Business Center,.they. are anticipating it cculd very well �ease up with a majority of office as opposed to industrial u�ers. The special use permit is for office use in an industrial zone. htr. Robinson stated the parcel of property is approximately 4.6 acres. The gross floor area of the building is 58,550 sq. ft. It would normally call fcr a speculative parking ratio of 1- 500 which would yield 117 spaces. t4fat they are providing is 50% office/25� manufacturing/25� v�arehouse for a tctal of 161 spaces. The petitioner feels that should be enough parkinq for tre intended office users. 8 E PLIINIJ t�G C(NIMISSIQN MEETItdG, MAY 28, 1986 PA6F 6 Mi. Robinson stated Staff was reco�mending the following stipulations: 1. Developer to provide written commitr�ent to pay all costs associated with the realighment of cul-de�sac. 2. Developer to supply ongoing tenant information, prior to each occupancy, to allow the City to monitor parking need on a case by case basis. Parking demand not to exceed supply. 3. Provide a landscape plan which includes plantings and berming of all perimeter areas; heavy screening to be provided to buffer loading area. 4. All dumpsters to be located inside or within approved masonry structures. 5. All roof equipment to be screened to mute visual affect. 6. Easement for joint parking with U. S. Swim & Fitness to be recorded against properties prior to buildinc� permit. 7. Provide connecting sidewalk between the U.S. Swim & Fitness Center and proposed development. 8. Petitioner to combine lots for tax purposes. Mi. Betzold stated the petitioner came before the Appeals Commission an P��y 13 with four variance requests which will go to City Council on June 2 w�th this special use permit rec�uest. Ne stated at that meeting, Dave Harris w�s very concerned about the traffic problems in the area and wanted to see ai agreement between this property and the 11.5. Swim & Fitness property for slared parking. P1r. I�arris apparently owns the lot immediately to thP south aid p]ans to build there and does not want to see the parking situation get ai y worse. �1i, tJinkels, Winfield Development, stated he wanted to than{: the Planning C��mmission for rescheduling their meeting in order that they might make the J�ne 2 City Council meeting. They have worked quite closely with staff on tlis project for the past few weeks. The appreciated the work Staff has dine for them. He stated they have no problem with the stipulations. They a'so very much agree with a shared parking situation with U. S. Swim & Fitness aid are in the process of finaiizing an agreement with them right now. R�lative to a drainage plan, they are meeting with the Rice Creek Watersheci D�strict and have been told by their engineers that the drainage plan is fine. P1i. Winkels stated the building itse�f was a multi-tenant building. They aie projecting it will be split 50/50 in terms of office/warehouse based oi their experience in the Twin Cities with this type of huilding. They cirrently have approx. 600,000 sq. ft. of this type of product in the Cities aici a few more building under construction. In general, they are finding r��ht around a 50/50 split. 8 F PLANNIIG C�ttt1ISSI0N MEETING, MAY 28, 1986 _ ____ PAGE 7 Mr, lJinkels stated it was suggested by Staff that they apply for a special us� permit so the developer can count on that plan in terms of the use of th� property and so the City and the developer can work together to make su•e the parking coincides with the use. In terms of their experience, they ar� satisfied zhey have adequate parking spaces for their needs. 1NC PION BY MR. SVANDA, SECONDED BY MR. SABA, TO CIASE THE PUBLIC HF.A.RI17G. UP�N A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST bECLARED TNE Pli4LIC HEARING CLOSED AT 8:25 P.b1. MCTION BY MR. SABA, SECONDED BY MR. BETZOLD, TO RECOMMEND TO CITY COi1NCIL AFPROVAL OF SPECIAL USE PERMIT, SP #86-06, BY WINFIELD DEVEIAPMF.NT: PF,R SECTION 205.17.1, C, 1 OF THE FILIDLEY CITY CODE TO ALL067 OFFICES NO:" ASSOCIATED W1TH A PRINCIPAL USE ON IAT 4, EXCEPT THE NORTHERLY 35 FT., LOTS 5 AND 6, BI�CK 1, PACO INDUSTRIAL PARK, WITH THE FOLLOWING STIPULATIONS: 1. DEVELOPER TO PROVIDE WRITTEN COMMITMENT TO PAY ALL COSTS ASSOCIATED WITH THE REALIGNMENT OF CUIrDE-SAC. 2, DEVELOPER TO SUPPLY ONCOING TENANT INFORMATION, PRZOR TO EACiI OCCUPANCY� TO ALLOW THE CITY TO MONITOR PARKING NEED ON A CASE- BY-CASE BASIS. PARKING DEMAND NOT TO EXCEED SUPPLY. 3. PROVIDE A LANASCAPE PLAN WHICH INCLUDES PL�'1TINGS AND BERMING OF ALL PERIl�IETER AREAS; HEAVY SCREENING TO BE PROVIDED TO BUFFER IAADING AREA. 4, ALL DUMPSTERS TO BE LOCATED INSIDE OR WITHIN APPROVED MASONRY STRUCTUf2ES . 5. ALL ROOF EQUIPMENT TO BE SCREENED TO MUTE VISUAL AFFECT. 6� EASEifENT FOR JOINT PARKING WITII U. S. SWIl9 & FITNESS TO BE RECORDED AGAIITST PROPERTIES PRIOR TO BUILDING PERMIT . 7. PROVIDE CONNECTING SIDEWALK BETWEF.N THE U. S. SWIM 6 FITNESS CENTER AND PROPOSED DEVELOPMENT. 8. PETITIONER TO COMBINE IATS FOR TAX PiIRPOSES. 9. EETITIDNER TD SUBMIT A COIIPREHENSIVE SIGN PLAN. 'J,'ON A VOICE vOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THF, .u� >TION CARRIED UNANIMOUSLY. 4. R:VIEW OF LAKE POINTE C�RPORATE CENTER PLANS: P1�. Robinson stated that, as the Commissioners were aarare, in January they h�d the rezoning and platting of the Lal:e Pointe Cor�orate Center. Since t�en, �Joodbridge has been moving ahead on the environmental permits and has s�cceecied in getting their Environmental Assessment tJorksheet approved, �n Environmental Impact Statement tvas not required. They are noY� in the Frocess of gettinc� an Indirect Source Permit fr�m the MPCA which is quite tir�e-consuming. I�e stated they have now suhmitted the construction plans for the first bui7ding which is a 6-story huildinc�. In the agenda �•�as a letter from David Weir of Iloodbridge PropPrties outlining the architPCt:iral character of the bui7ding. Also included in the ac�enda ►vere landscaping Flans, elevation plans and flc�r nlans o� the pronosed building. (ne element of the master plan which staff wanted to bring to the commissioners �ttention was the use of 9' parking stalls on all surface and ramp parking. :ite parking is predominantly employee parking which probably lends itself ,0 9' parking stalls. 8G Pl_11�J!!]��G C�"1PIISSI4�� HEETIt�G, �1AY 2B, 1936 PAGF £3 ��r. Robinson stated this was for the Commission's information only and nc action tvas required. 5. C� I�SIDFRATION OF THf TlJO �10TIONS RE6ARDI��G TNE S.O.R.T. RECYCI_IN(; SITF Tf1 �.' Y � 1tICIL 1 HE EP�VIR d�1F _ Q LITY � 1ISSI � tIN CS 0 P I. 3�, 19£36: �1r. Rohinson stated he would recomaend this ite+►i bP tahled hecause of some mis- unjerstanding of funding from Anoka County. The original agreement with Aroka County was for $13,000 a year; however, the Joint PowPrs Agreement w<s for �13,000 in a two and one half period, so this was going to have to be c"arified before the Cor�riission could take any action on the motions. !dC ?'IOrI BY !'fR. BETZOLD, SEC0IJDED BY MR. SABA, TO _TABLF, THIS ITEIf UtJTIL Tf F. NE};T MEETING. U� ON A[�OICE VOTE, ALL VOTING AYF. , VICE-CIiAIRPRRSnP7 OQUIST DECLI�RED THF, P1C ^'ION CARRIF.D UNANIMOUSLY. 6. RI CEIVF �tAY 1, 1936, IIU�111�J RES�URCES C�I�1ISSI�N MItJUTES: "1( TION BY MS. SHF.REK, SECOIIDED BY MR. SABA, TO RF.CEIVE THE �dAY 1, 1986, Hi Pf1dIV RESOURCES COMI•lISSION MINU'_"F.S. i110N A VOICE VOTF., ALL VOTING AYE, VICE—CHAIRPERSON OQUIST DF,CLARF,D T.HT•. !1( �T.ION CARRIED UNANIMOUSLY. 7. RI:CEIVE �1AY 5, 1986, PARKS & RECREATION COP1MISSIOt� MINUTFS: N,c �TION BY MR. BETZOLD, SECOPIDED BY MS. SHEREK, TO RF,CEIVE THF, rAY 5, 1986, P. RKS 6 RECREATION COMMISSION MIIJUTES. U'ON A VOICE VOTE, ALL VOTING AYE, �iICE—CFiAIRPF.RSON O�UIST DECLARED THF. M� �TION CARRIF.D UNANIMOUSLY. 8. R:CEIVL �1AY 8, 19�6, I�OUSItJG & REDEVELOP�1EPdT Al1TNORITY MIFIUTF.S: F9c �TION BY ldR. SVANDA, SECONDED BY MR. BETZOLD, TO RECEI[�E THF. 1dAY 8, I986, iii >i1SIlJG & REDEVELOPMEIJT AUTFiORITY MINUTES. U; �ON A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPF.RSON OQUIST DECLARED TIIF, M� �^'ION CARRIED UNANIIfOUSLY. 9. R:CEP.�E �tAY �3, 1986, APPEALS COMl1ISSI0lJ PIINUTFS: 1'1i►TION BY MR. BF.TZOLD� SECONDF•D BY MS. SHEREK� TO RECEIVE THF. /4AY 13, 1986� A� 'PEAL.S COIfMISSION 1fINUTES. U,'ON A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPERSON OQUIST DECLARF,D THF. M� �_TIOPI CARRIED UNANIFIOUSLY. 8 H PLANtJ �tIG COFIPIISSIOt� MEETIfaG, MAY 28, 1986 PAGE 9 P1•. Betzold stated he would like to reiterate again that because the l��peals Commission has had many variance requests regarding parking s�all �vidtf� reductions, they feel it is an important enough issue that the City Council should consider an ordinance change. The Appeals Commission w�uld rather not F�ave to continue with these kinds of requests on a piece- m�al basis. 10. 0 ffiER RUSIt�ESS: a, Day Care Facilities t1r. Robinson stated that because of a recent application for a special use permit for a day care facility in an R=1 zone, it had prompted Staff to re-evaluate tf�e City's day care restrictions. He stated Staff was recorimending the following changes in the code`s day care provisions: l. Redefine Section 205.03.32.F, Home Occupations, to read: Day care facilities that serve t�velve (12) or fewer children. (This change will bring the city code into compliance with State Law.) 2. Standardize all nomenclature of pertaininc� codes, to read: �ay care centers/nursery schools/nurseries. 3. Allow day care centers/nursery schools/nurseries in R-1, R�-2, R-3, and R-4 with a special use permlt provided they are to be located in churches, private scf�ools or other structures on arterial or � collector streets. 4. Allow day care centers/nursery schools/nurseries in C-1 and CR-1 zones with a special use permit. 5. All day care facilities must meet �4innesota Statutes to be considered for a special use permit. P1;. Sherek asked if they really needed to increase the number of chil�iren t� 12 to conforr� r�ith State Law (change #1). She stated Hennepin County lir�its it to 10, and the City of Plinneapolis has a requirement th�t hom� day cire cannot exceed 10 children. '1�.Robinson stated they had received correspondence from the City Attorney's o`fice stating they should conform with State Law. The City Attorney had r�ceived that notification fror� the State. He stated he would check int� this a�ain for clarification. T�e Cor�missian members agreed with thQ changes recommencfed by S taff. 81 PLAN�J [tJG COP1�tISSIO�� PIEETI��G, MAY 28, 1986 PAGE 10 MOTION BY MR. SABA, SECONDED BY MR. BETZOLD, TO CONCUR Y1ITH STAFF'S RECOI1h1ENDATIONS FOR CHANGES TO THE CITY'S DAY CARE PROVISION5 AS OUTLINED ON THB PREVIOIIS PAGE. UPOiJ A VOICE VOTE, ALL VOTING AYF., VICE-Cf1AIRPER50N OQUIST DECLARF,D THE MOTION CARRIED UNANIMOUSLY. b, Gi ty 4tecogni ti on for Pat Gabe1 MOTI0IJ BY MR. BETZOLD, SECONDED BY MR. SABA, TO RF.COMMEND TO THE CITY COUNCIL THAT APPROPRIATE RECOGNITION BE GIVE'N TO PAT GABEL FOR HER MAPIY DEDICATED YF.ARS OF SERVICE TO BOTH THE APPF,AL5 COMMISSION AND TKE PLANNING COMMISSIDN. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPER50N �QUIST DECLARED THE 140TION CARRIED UNANIMOUSLY. c Minnesota Petroleum Service, 5333 Univers}ty Ave. t1r. Oq��ist stated he would like to see the City write a letter to Minnesota Petroleum Service cort�ending them for a great job in cleaning up their property, lie stated they have been very cooperative with the City and did everything they said they would do. Both P1r. Jock �'obertsonand P1r. Jim Robinson agreed that was an excellent suggestion. P1r. Jock Robertsonstated they would have a letter prepared for the next Plar�ninc� Comnission meeting and have maybe both the Planning Cormission and City Council members sign the letter, AD,lOU ;�Jt�IEiV i : MO^'70:' BY 11P,. SABA, SECONDED BY MS. SHF.REK, TO ADJOURN TIfF. MEETING. UPON A VOICE VO_TE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THF. MAY 28, 1986, PLANNING COIl.MI. ;SION PfEETING ADJOURNED AT 9:18 P.M. Respe� .tful ly submi tted, % yi r} � a a Recor�ing Secretary 8J LESLIE KOHANEK S. U. P. #,'36-04 $TIPULATIONS 1� �ROVIDE AN S FOOT HIGH SCREENING FENCE AROUND THE PERIMETER �F THE STORAGE AREA� �SOLID WOOD OR CHAIN LINK WITH SLATS�) 2, aROVIDE A BERMING, LANDSCAPING AND IRRIGATION PLAN FOR STAFF APPROVAL� 3, aROVIDE A STORM DRAINAGE PLAN FOR STAFF APPROVAL� 4, �IORK WITH DISPLAY ARTS TO ACCOMPLISH A JOINT DRIVEWAY �ASEMENT ON THE WEST HALF OF VACATED GUMWOOD, LYING 30UTN OF LoT 11� S, aROYIDE A SITE PERFORMANCE BOND E�UAL TO 3% OF CONSTRUCTION VALUE� C� �0 MATERIAL TO BE STORED SO AS TO BE VISIBLE FROM THE RIGHT- �F I�AYS � I . .s , _ � � ' `-`\ ` �, � I .r �. '! . � � � �s� J8 �� i:� , ,� � ,. 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'�a. � �� . .i -r.-�-,� � ��. � �s s - �- 3 � � "_ ..a . • V -� � � •rS � � 4 N s�� -�' � '� d � � �o�� Q �� m 8T , � � I 1 ' ( i�-�.,b-�i�-s�� ----,�—,► T_ 1i � � �o : �A - r ._. � .9 .�� s� ��! �R� �� i__ � � 8 � � o � $ � $�►-�• -� � I T_ j -1 �� ui r o !y ',: n I ._� �f LJ �� N ; � V � .� � �.� � .�, � � ��I t 1 � ' � 4, � � �� ;� �fa . �b ��s � � 8W APPEA .S C�'1t1ISSI�� 1EETI►��, �tAY 13, 1986 PAGf siould be, but he did not see any problem with convertina garage over t� living space. It was moving the pr�perty line or ging the structurP-- j ist the use. M)TION BY IfR. SNEREY,,SECOIlDED BY MR. B , TO APPROVE VARIANCF. RF.QUEST, V, IRIANCE �86-09, PURSUANT TU CNAP . 205 OP TNF, FRIDLEY CITY CODE '!'O RFDUCE _T, IE SIAE YAA.D SETBACK FRO!9 1 ET TO 4 FEF.T FOA ADDITI�tJAL LI[�INr .SpACF. ON I.� >TS 4, 5, AI�D 6, BLOCK , FRIDLEY PARY., A!'IP 1/2 OF VACATED ALLEY, TIIE .S, J1E BEIIIG 6968 AS AI'EIIUE 11,E., �1ITH THE STIPi�L11'^_TON TFfAT TIIE NORTH [9ALL B. ' A FIRE WAL ._TH NO OPENINGS. U,'O. VOICE VOTE, ALL VOTIPIG AYE, CHAIRPEP.SON BETZOLD DECLARED _THF. 1'.'OTIO.'J � iP.RIED UNANIdfOUSL2'. 4. C� i►�SIDEf;l�TIO�� OF A VAf�IA�ir,E RE �U�EST, VARIANCE �86-10, PURSUA��T TO CHAPTER �i� H {;;DL .Y I Y�E TO REDUCE THF SIDE Y�.RD SETRA(:K FR�'t��l �� T � _ .'!S I. I I ��AL S OR �E P CE �tJ l_�TS -�3 �3" . : � � � � . ' � � . �- � � I P.aUeSt y _ L� �sl i e l!. Ko iane , est ec �no ogy, nc. , - t venue orth, 1�1 nneapol is, �1n. 55429) %1� ?^ZO': BY llR. BAR!�A, SECO?IDED BY MR. SFIEREF:, :'O OPI'll TIIE P(►I3LIr HEARII.'G. U,'O'J A VOZCE '✓OTF., AI,I, VOTING AYE, CHAIRPF.RSO11 BETZOLD DF.CI,ARF.D TN.T•. Pf�RLIC !i,'i�P.:;1G OPE": AT F:09 P.M. C�airperson Qetzold read the Adr�inistrative Staff Report: ADt1ItJISTRATIVE STAFF REPORT 55 - 77th Avenue A PU(;LIC Pl1RPOSE SEP,VED QY REQUIREt1E�JT: Section 205.18.4D.2 requires two (2) si�iP y�rds, e�ch ►•�ith a 4�i�ith of not iess than twenty (20) feet. Put�lic purpose served by ti�is requirement is to provide adequate open space areas around industrial structures for aestlietic and fire fi�h*_in� purposes. B STATED HARDSNIP: "The property has extrer�iely limited buildinq sites due to !�SP �as Conpany anci Sanitary Sewer." C ADI1It�ISTRATIVE STAFF REVIEIJ: Tt�e existinq structurP is located on the east side of the railroad tracks. It is approximately 275 fee� north of 77th Avenue. The petitioner ��ould lil;e to add onto the south and east. The ne►�� east wall would be located 8 X APPEAI. ti C�1t1ISSIf1�� FIEETI��G, f•UIY 13, 19a6 PAGE 7 right on the property line. The street was vacated and he now is petitionina to have the retained utility easement also vacated. In addition to the variance, the petitioner then r�ust also get approval of the vacation and get written perriission to build under the t�SP po►•�er 1 ines. If thP Qoard recorvnends approval of this requPSt, the Staff recorimends that you stipulate that tf�e east wall be a four-hour fire rated assenbly with no openings and that the petitioner worl: with the Citv on a landscape plan and that he als� work with the neighbors to p�it f�rth a good plan for access and other outside improvements. 'tr. Clarl: shoared the Commissioners an aerial photo of the property. IJhat th� petitioner plans to add on t•lould be usPd for production and some stora�e. !1r, Y,ohanek showed the Commissioners his plan for the addition. He stated fie ►��ants the loading dock to face south because of inclement weather. HP stited this ��ould he a nice building--either blocl: or pre-cast. :�C "70': B}' /1n. BARNA, SECO1'DED BY I�1R. SHEREY., TO CIASF. THF, P(�BLIC HF.11R711G. UP �'7 A NOICF. VOTE, ALL VOTIP7G,�4'E, CNAIP.PE?LSO!1 FE^'ZOLD DF.CLARF.D TIIF. P"BI,IC NE 7RING CLOSF.D AT 8:20 P.11. t�1r, 6arna stated that ��rith the piece of ,umwoo�l St, that was vacated �•rhich wo�ld he b��ilt on, the fact that the lot runs to 77th, anci r�ith all th� over- heid u*_ility easements, the proximity to the railroad tracks, the gas cor�pany ea;er�ents, etc., this would be the most econonically feasible utilization of this piece of the property. tJith all the zero lot lines already in this area, he had no probler� with this variance request. Mr. Sherek stated it made a great deai of sense to him to put the adriiti�r. in the location proposed by the petitioner. The south access for the loading do�ks ►vas important, especially in tlinnesota. The proposals h?in� �1one wo�ld certainly ir�prove the area, and he had no prohler� with th? variance as re�uested. !1r, Betzold stated the City has been wrestling q�� i te awhi le. l•li±h the ki nd of easer�ents that tr �i ng to r�ake the best use of the property as fa�or of granting tfie variance. �•�ith this narticular arPa fnr are there, the Qetiti�ner ��as it exists. lie wnuld he ir� !1^ "IO:: BY MR• BAp��HR SECO.':DF.D BY !1!?. SHF,!?FY., _°'D RECO.'.'�4EN!? 7'D CT.TY CO�!'I�TL AP'RDY��L OP VARIAI'10E RF:QL'F.5_"� VARIA?:CF, �R6-3.0� P►_TP..S!'ll.*IT TD CHAPTER 205 OF TH ; FR..TDLF,Y CI_�'Y COnt: .'"t3 P.£BC�CL ^:.`i, ,^,I.n_T; yAItD SE_TBACY. FRDI•f 20 FF.ET TO O FF.7':' TC7 ALZ,OIi THE CD?TSTRUCTID." OF ADDITIONAL STCP,A!�L' SP�CE O."1 LOTS I-8, BLOCY. 5, OV 4�ti'Ay ADDITIO."7, THF. S.r,.'.'E BEING 55-77TH£ AVE*.UE N.E. WITH _THE FOLLO��'I':G S^ iPULATIOl:S: 8Y APPEAL S CQM�IISSI�P� NEETI►JG, MAY 13, 1986 PAr,E 8 1. TNE EAST WALL BE A FOUR-NOUR FIRE RATF.D ASSEMBLY WITX NO OPF.NINGS �. TNE PETITIONER WORK WITH THE CITY ON A LANDSCAPE PLAN. 3. '!'HE PETITIONER WORK WITH TNE NEIGNBORS ON A GDOD PLAN FOR ACCESS AND OTffER OUTSIDE IMPROVEMENTS. UF �t7 A S/OIr.'E VOTE, ALL i�OTING AYE, CHAIRPERSON BETZOLD DECLARED THF. NOTIOP� CA' RRIED UNANIMOUSLY. 5. C�NSIDERATIOt� OF VARIAtdr.E REQUESTS, VARIANCE #86-11, PURSUA�JT TO CHAPTER 2C' � , � - ; I�f.f TF:. : �� 1 � - - Tt' .11 C ; Nr,; AF � TO REDt1C Y.I �G I 1 . S l� E� HF UI .I��, ! H R I:� ILDI��G �!+ L 4 EX EP HE N NE Y 5 FE S ��D L CY, Itd US R Al. �AZK, HE SAt1E It�G 71 COt1t1FRCE CIRCLE ST S�U H F II.S. SWIt•i R FITNFSS Z`� ER , equest y James in e s, in ie Deve opnents, nc., 80 Linco n �6rive, uite 127, Edina, Mn. 55436). 1�10 PI077 By MR. BARIJA� SF.COIVDED BY MR. SFIEREK� TO OPEN TXF, PUBLIC HF.ARIA'G. Up �N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSOII BETZOLD DECLAP.ED TNF. PUBLIC NE�RING OPEN AT 8:30 P.M. Chiirperson Betzold read the Administrative 5taff Report: A�t1ItJI5TRATIVE STAFF REP�RT 7171 Comnerce Circle East A. PUBLIC PURPQSE SERVED BY REQUIRE�•1EtJT: Section 205.17.5D.5a requires all parkin� and hard surface areas not to be closer than twenty (2�) feet from any street right-of-way. Public purpose served by this requirement is to reduce visual pollution in the front yard, in areas adjacent to lot lines, and to separate parking with landscaped areas. Section 205.17.5D.4a requires a maximum driveway width of thirty-two (32) feet at the curb opening, excluding the entrance radii. Public purpose served by this requirement is to provide adequate area for ingress and egress of industrial type vehicles. Section 205.03.53 requires a ten (10) foot wide by twenty (2Q) foot lonq area to store one (1) automobile, which has access to a public street or alley and perr�its �ngr�ss and egress of an automobile. Public purpose served by this requirernent is to provide adequate roon between large vehicles. 5 COPINISSION HEETING, MAY 13, 1986 _PAGE 9 ST�TEO HARDS{�IP: "The exceptional conditions of the site includinq: shallowness of the parcel, large right-of-way of University Ave., a double frontage lot, an NSP easer�ent over the south 13Q feet of the �roperty, highly questionable soil canditions and the location af the Commerce Circle cul-de-sac cause many practical difficulties in the design of a buil�ling, landscaping, driving lanes, access points, and parking lot layout." C. AD�IIP�ISTRATIVE STA�'F REVIEII: 8Z In order for the petitioner to build the size and shape of structure he feels is economically and functionally feasible, he is requestin� a hardsurface setbacl: off the University side from 20 feet to 10 feet, Qecause of the double frontage, the code requires a 20 foot sc�tback on the east and west side of tF�is site. Due to the large grassy area bet►�►een the east property line and the roadway itself, the variance would not appear to be perceptible. A hardsurface setback fror� 20 feet to 5 feet is also requested just south of the driveway, lJith the proposed realignment of the cul-de-sac, there will actually be ample green spaces between the parking and the street. A driveway width variance from 32 feet to 45 feet is requested in order to allow for semi-truck maneuverability. The petitioner has been ►vork- ing with staff to reduce curb cuts and improve circulation in the area of the cul-de-sac. This proposal is consistent with staff recommendatians to the developer. A parking stall variance for space width from 10 feet to 9 feet is requested to provide for flexibility in tenant type and to allow for overfloai parking fron the adjacent U.S. Swir� & Fitness Center. A special use permit for offices in an industrial zone is now under consideration for this development. The development is similar to the East River Road Business Center which prograrnried 750 of gross floor area as offices to determine par{:ing need. Although the parking_requirements for speculative office/warehousP huil�- ings requires �ne stall per 500 sq. ft, of gross floor area, this ratio would prove inadeq�ate if a majority of the tenants are office. '�ine foot stalls against the bui2ding will provide additional employee parking while the perimeter stalls with �@ foot rvidth will be available for visitors. Mr. Clarl: showed the Cormissioners an aerial photo of the property. He statP�i thc petitioner is working with a joint parking agreement with U. S. S��ir� � Fi+ness to use sane of the parking lot during -off-pPak times. This SP.Pf1P.� to be agreeable to both the petitioner and U. S. Swim & Fitness. Ne a�i�ie�1 tha� thE parl:ing lots north of this property were 20 ft. from the Right of ,�;��• of University Avenue. 8AA � COt�tISSIOtJ t10ETit�r,, HAY 13, 1986 PAGE 10 �, Clark stated the petitioner would be going before the Planning Co�nission �t1ay 21 regarding a special use permit for a ratio of office versus �iustrial use; then both requests would go to City Council on June 2. r�r, tJinkels stated they would like to make the "picture window" toward University Ave., trying to present their best image toward University wh�re the majority of the traffic was. He reviewed their plans �vith the Co �nissioners. f�r, Winkels stated that for the reasons outlined in the "stated harcishin" in the Administrative Staff Report, they have applied for these three variances. Ne stated the building would be 58,55� sq. ft., a one-story huildin�. They hare tried to create a very solid nice image for the city and yet also �rotect th� back side with extensive landscaping and conceal all the lnading docl;s. P4r, Dave 1larris stated he sold this property to lJinfield Developments, Inc. fie stated he would be putting up a building close by, and he wanted to make su•e the match was good. I�e was also very concerned about parking, especially th� shortage of parkinq for the U. S. Swim & Fitness. I)nless this new de�elopment allows some shared parking, there are going to be some very se•ious parking problems in this area. Mr 4Ji nkel s stated tl�ey wi 11 be openi ng up p�rt of the parl;i ng 1 ot to II . 5. Sw m& Fitness, but they also want to be sure that they reserve some spaces fo� their own tenants who might come in after hours. Mr Harris stated he was not opposed to this developr�ent. It looked like a go�d development, and he hoped the City would allow this size building. I�e fe t if the Commission reconmends approval of the variances, he would hope th�y would include a stipulation that there he an ac�reement with U. S. S�vim &'itness and the new development and possibly the City regarding shared pa�king in order to eliminate any parking problems in the future. If t}�ere wa , no agreement, iJi nf i el d Devei opment coul d sel l thi s property anrf the new pr�,perty owners might not he willing to cooperate with the parl;ing. MO"ION BY MR. BARNA, SECONDED BY MR. SHF.REK, TO CLOSE THE PUBLIC HF,AR_TTIG. UPi �N A VOICE VO?'F., ALL vOTING AYE, CHAIRPF.RSON BETZOLD DF.CLARF.D TIiF. P!TBLIC HE. �RING CLOSL'D AT 9: DO P.1f. Mr Barna stated that as far as the green space from the parking lot to the hardsurface area, the �andscape plan looked good. On the east si�ie, the arf�a between the edge af the parkir�q 1ot and the actual blacktop of Highway al wa so extensive he did not �hinE% anyone would notice whether it was 5 ft. or 10 ft. He would have no problem with that variance. As far as the maximur� dr veway width, he could see the need for more width for truck turn-around on their property. i COf41ISSI0N MEETING, MAY 13, 1986 _ PAGF 11 . Barna stated the Comnission has discussed ti�e 10 ft, wide parkin� stalls �sus the 9 ft. wide parking stalls before, and Staff was not aware of � possible ordinance change. The only question he would raise would he 7arding any liability.as far as joint use of the parking lot be U. S. Swim � Fitness, and he would like to see a joint written agreement. �� F1r. Sherek stated he agreed with Mr. Barna. He did witness the parking pr�blems at U. S. Swir� & Fitness, and he did think a stipulation for the sh3red parking was important. Mr. Betzoid stated he was having difficulty with the 10 ft. wide versus 9 f t. wide parking stalls, too. It was something he really felt the City was c�o�n� tc have to take a good look at. It was something the City Council should acciress and not the Appeals Commission. Ne stated he did not have a probler� with the other variances as requested. They seemed to follow the intention of the code, and the development lool:ed very good. 1NC TION BY MR. BARNA, SECONDED BY MR. SNF.FtEK, TO RECOMMF.P7D TO CITY COi1lJCIL AF PROVAL OF VARIAP7CE REQUEST, VARIANCE �186-11, PURSUANT TO CHAP'"EA. 205 OF TF. E FRIDLEY CITY CODE, TO REDUCE THE PARKING SF,TBACK FROIf 20 FT. ^'O 6•77_"Hlfl 1L FT. OF STREET RIGHT-OF-WAY ADJACENT TO HIGHWAY 47 AND TO REDIICE THF, PF RKIP7G SETBACK FRO��.' 20 FT. TO WITHIN 5 FT. OF RIGHT-OF-WAY ADJACENT TO CCPiMERCE CIRCLE EAST, ALL TO ALLOW THE COP�STRUCTION OF AN OFFICE BUILDZNG ON LCT 4, EXCEPT THF. NORTHERLY 35 FEET, LOTS 5 AND 6, BLOCK 1, PACO INDUSTRIAL P�RK, TXE SAME BEING 7171 COMMF.RCE CIRCLE EAST. U�ON A VOICE VOTE, ALL VOTING AYF., CHAIRPERSON BETZOLD DECLARED THE MOTIOPI C�RRIED UNANIMOUSLY. MCTION BY MR. BARNA, SECONDED BY MR. SHEREIC, TO RECOMMEND TO CITY CDUNCIL A�PROVAL OF VARIANCE REQUEST, VARIANCE N86-11, PURSUANT TO CHAPTER 205 OF T1E FRIDLEY CITY CODE, FOR THE DRIVEWAY WIDTH TO EY.CEED 32 FT. AT THE CURB OIENING, EXCLUDING THE ENTRANCE RADII, TO 45 FT., ALL TO ALLOW TIIE COPIS"RUC- T:ON OF AN OFFICE BUILDING ON LOT 4, EXCEPT THE NORTHFRLY 35 FEET, LO?'S 5 A1JD 6, BLOCK 1, PACO INDUSTRIAL PARK, THE SAME BEIP7G 7171 COMMF.RCE CIRCLE EAST. Ui 'ON A VOICE VOTE, ALL VOTING AYE, CHAIRPEf2SON BETZDOLD DF.CLARED TFiF. PiOTIOPI C. ,RRIED UNANIMOUSLY. M� �T20N BY MR. BARNA 2`� RF,COMMEND TO CITY CDUNCIL DENIAL OF VARIANCE RF,n(JF.ST, V.RIANCE #86-11, PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE Ti'F. PARKING SPACE WIDTH FROM 10 FT. TO 9 FT, FOR SPACES ADJACENT '_►'n '''KP Bi �ILDING, AND THAT THE CITY COUNCIL DIRECT STAFF TO LDOK AT A POS,SIBLF, O. !DINANCE CNANGF. TO 9 FT. �f� >TION DIED FOR LACK OF A SECOND. 8CC APPEAI S COt1�1ISSIfIN MEETIWG, MAY 13, 1986 PAGE 12 MCTION BY MR. SHEREK, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COi?7CIL AF PROVAL OF VARIANCE REQUEST, VARIRNCE 1/86-11, PURSUANT � CXAPTER 205 OF Tt E FRIDLEY CITY CODE, TL� REDUCE THE PARKING SPACE WIDTX FR�+1 10 FT. TO 9 FT. FOR SPACES ADJACENT 410 THE BUILDING, ALL TO ALLOiI THE CONSTRUCTIC�N OF A1t OFFICE BUILDING ON LOT 4, EXCEPT TNE NORTHERLY 35 FEET, LOTS 5 AIIn 6, BIOCK 1, PACO INDUSTRIAL PARK, THE SAME BEING 7171 COMMF.RCF. CIRCLE EAST. UFON A VOICE VOTE, SXEREK VOTINA AYE, BETZOLD AND BARNA VOTING NAY, Ci:AIRPERSON BETZOLD DECLARE D THE MOTION FAILED. MC TION BY MR. BAF2NA, SECONDED BY MR. SHEREK, THAT THE ABOVE APPROVED ��ARI.�IVCE RE�UESTS, VARIANCE �l86-Z1, INCLUDE THE FOLLOWING STIPULATIONS: 1. THE PETITIONER WORK WITH TXE CITY ON A LANDSCAPE PLAN AND SIAF.WAT.t: ON THE NORTH PROPERTY LINE. 2. THAT THERE BE A WRITTEN AGREEI�ENT FOR JUINT PARKING ON A PF.R11A7'7ENT BASIS, NOT AN OWNERSHIP BASIS, BE?tiJEEN THE PROPFRTY AND TiIF. U. S. SWII� & FITNESS CENTER. . 3. THE REALIGHMENT OF CO!'1MERCE CIRCLE AS DIRECTED BY CITY S.^'AFF. UFON A VOICE VOTE, ALL VOTING AYE, CHAIRPERS0IJ BETZOLD DECLARED TNE MOTIO�� C� RRIED UNANIMOUSLY. M►. Betzold stated that he would like to again er�phasize that the parkinq srall width was an important enough issue that it should be dealt with hy the C�ty Council. The Appeals Commission has had many variance requests regard- iic� parking stall width reductions, and they would rather not have to continue w�th these requests for variances on a piecemeal hasis. �— 6. CINSIDERATIOPJ OF A CHANGE TO THE SIGP� ORDINANCE, SECTION 214 OF THF FRIDLE � �1i. Betzold stated that the Planning Commission did discuss th' t their M�y 7th meeting. The Planninc� Comnission recommended appr of the second o� two recomrnendations made by Staff which was as foll . 2. Free Standing Signs A. rl�ximum s�ze of 80 sq. ft. ' area per development in all C-i zones and in C- nd C-3 zones where buildinc� area is less than qual to 8,000 sq. ft. B. �taximum si 120 sq. ft. in area per development in C-2 C-3 zones where building area is greater tha ,�00 sq. ft. but less than 20,�00 sq. ft. . t•laximum size of 180 sq. ft. in area per development in all C-2 and C-3 zones wi�ere building area is greater than 20,000 sq, ft. / ., ,. . � , \, �; ' , �,� VARIAIVCE #86- � � 13ti" '.'�` �!�`.� '!:�" � ,z,� zj�\ ic • � � 3e I f. { . t - - , °'� � �l- — �, �. - J+ � y , � �* � �� i �a_s� r• ' � �r s � � ?4j. � �� 3 �� ;� � �� . � � • ' ` . : • -,. ,. - �. '�- -�.,.•-- r ��. ' '''�� • f 3� .- :t.' �� 1�? . ^ �� s ;c� ` .� /� /6 / C i9 � i.A " � � 'q�i3i i�F ��, �', -- =� '' '° - � . _.. .. __.— _ '� _ '� , . "q� � / 2�'WJF �� _ fAff ,-" �� , :�; � � '1( . �•�` ` . 7 c ''o / rf � � � � a � ` -.r � '' � t397 � 'r ; . . � .. -- --- : + � �4 � 0 � 1;• � �j$ q� ,` 3 . � � � ii�-�-- - � r� �+ .x '' vo j 4 � ,• , -- . � . s x .' 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OG�► , i :M MAF _, (.r_,�.Y �e+n �;1 �i^.bSl=�� DL � � ' Si�l G I r-- �- � r- � Z ;� i =. »l � � i , _�:. �� `� r Y�r - _ R= " - .— ��; �� ; , 2�� -__ -� . 3 _ _-__ __ � VARIANCE #86-1T _ � - --._____ 3,� _ _ _ _ __ —. s� .�� _�:.a.,: „ __, � _� � _- � ) — i � � �� - � � , � Y I j i _ �; f � � _ o I Q � I I � �� N __ � I � _�- f .� _ - - , , �,, .. � � � `� � _-___ _ _. �� _ . -� � V �:sn s : ---- - _ - ---_ � d � � - --� --- ---- ' � . �. _-.�._ _ ; � � - 1 _— ----- - � -- =� --- . --E e � -- � ----, � ' -�—__+_-�. �' I 0 u �, � � ` �� - ��:� :, ,�� x� \`_ `` Z V{. �� .` L� , ;�h, , _ —_ �— - � _ s' ' " �� r � — i �r -_ �.�' � , � �` � � �% � % -�,L ' j G � I I � � � I �� I � � ' � � � i � � �' � �� r � j ! , � � ' � � , - _ fi: --- � . . _ ,,��- :,..-,� 4 _ � ai , � "T_. a � �.�.± � ; �p _ ! .�I J� � ._. _ r , s�� _ _ . _ __ __,�_ .. , _ .._ -�� . � o�% v +�s y � � � ,� .v�T � a � �� z�g� __=a �� ,�� —Q � � � � �� . -��. �� o.nr +'c� ` �� v/ � �� a � �� -� � ,� � � -� v 0 � � a� �. o �\ --- 'I �I I 1 I ;� 'I I ;� �� . � �. � � � g 8GG � CITY OF FRIDLEY CNARTER COP�1t1ISSI0N �•1EETING, MARCN 17, 19II6 CALL "0 ORDER: Chair�erson Jackson called the P1arch 17, 1986, Charter Commission meeting to order at 7:20 p.m, ROLL � ;ALL : ��1enbe�s Present: Sue Jackson, Bruce Nelson, Margaret Hendley, Peter Treuenfels, Francis van Dan, Ralph Stouffer, Pat Kindom Menbe�•s Absent: Donald Betzold, Robert Schmidt Otf�er� Present: Bill 11unt, Assistant to the City P1anager APPROI AL OF FEQRUARY 24, 1986, CHARTER C0�IMISSIO�J MINUTES: �dC�:'IO' BY MR. TREUENFELS, SECONDED BY MR. NELSON, TO APPROVE THE FEB. 24, 2986, CX�,RTF R C014MISSION MINUTES AS WRITTEN, UPO"J 1 VDICE VOTE, ALL VOTING AYE, CFIAIRPERSON JACKSOIJ DECLARED THE MOTInN CAP,RI E D UNANII�IOUSLY . t•ir, fiLnt stated the revised Charter the Cormissioners had received incorporated all ti�� changes made by the Commission up to Jan. 21 and all handwritten changes since then. Those changes were: (1) Definition of various types of voters; (2) SECtioii 5.T5. FILING UF PE7ITI0��; (3) Removal of gender specific language. Ne stated the Commissioners might want to take a fe4r minutes to quickly read throuc� the revised Charter. h1r. Nu�t stated they were still waiting for opinions from the attorney for tv�o sectio�s: (1) Section 4.05. JUDGES OF ELECTION; and (2) Section 12.OII - questions regarding reference to State Statute. Mr. Huit asl:ed if tl�e Corrriission wanted to recommend this revised Charter go on to the City Council or wait until the opinions were received from the attorney. Mr, vai Dan handed out copies of an article from the �1inneapolis Star E� Tribune dated larch 8, 1986, entitled, "Judge rules in favor of petition". The article stated: "aloor�ington residents need not be registered voters to petition for a roll�ack of pay raises to the mayor and City Council, a liennepin County Distri;t Judge (Judge Patrici� Fitzgerald) ruled Friday." The article also stated "The t�fnnesota Supreme Court has rules that the term 'elector' means one wh� has a constitutional and statutory right to vote, vrhether or not such right s exercised by registration." E1r, van Dan stated the Corr�nission had strugg ed for some time with the term "elector". • �� CH/1R1ER COti�•1ISSIO�d �1EETIPIG, MARCH 17, 1986 PAGE 2 Mr. �an Dan stated he agreed with some people in Bloomington also that they had no right to exclude people because, he believed democracy meant they should incl��e the greatest possible number of people. So when ihey do initiate action by petition, r�hether it be a nominating petition or a recall or impeachment petition, or a petition for an initiative to initate or generate an ordinance. registration, he would stand for the greatest number of possible neople. Whether it wa� a Fridley resident who recently moved but has resided in Fridley for the legally prescribed period of time or a�ho has lived here 20 years but never bothered to vote, they should not condemn that person and he/she should still legally be entitled and encouraged to sign a petition if he/she fulfills the qualificatians for being an "elector". Ne would like to suggest that the Conmi�sion, at some future time, consider changing back the text in Section 4.06. ��0�1I � 1T IOPJS QY PETITIOt� ,fron "regi s tered voter" to "qual i fi ed el ector" or r�hatever verba3e they use, meaning that anybody who is statutory qualified and is not re�istered. F1s. J�ckson stated ti�at when tiie Commission discussed this sone time ago, one of ti�e t�i ngs tl�at i nfl uenced ther� to move the way they did ��as that the Ci ty Clerk will :ompare ti�e signature on the petition to the voter registration card and from :I�at they presumed the intention 4�as that the person signing was a rec�istered voter, That Y�as going to be the test of the signature. So, she thought the ci�ang �s tf�e Corruni ssi on then i ncorporated r�ere consi stent a�i th that. If they v�ent back ind changed it, they would have to do sor�etiiing about the voter registration card is evidence. Also, she did not see any prot�lem with what aloomington was doing, because the article also said: "..if a City iiitends to exclude unregistered voter; fron signing petitions, it should clearly state so" (►��hich the Charter Cor,uni;sion would be doinc� in the Charter). It said the "elector" was the one who has t ie ri�ht to vote, and tf�e Coru�ission's definition of "electorate" was "tl�e whole t�ocly of eligible voters" and "eligible voters" are "resdients of the City who a•e qualified to register to vote". So, they wer� being consistent there. Tf�ere v�as no laa� defining "qualified elector" and they do not use that term, so she �i J not see any problem there eitf�er. ^f0"'IO,' BY 11R. 5TOUFFER, SECOIIDED BY MR. VAi� DAN, TO ACCEPT TXE REVISED CHARTER AS A,'EFLECTION A1�iD A CULMINATION OF ALL TNE DISCUSSIOIIS PREVIOUSLY IIELD I3Y TIIE CH��R'.P,'R CDI•iMISSION, UPOV , VOICE [�OTE, ALL VOTING AYE, CHAIRPERSON JACKSON DECLARED THE ��OTION C�RRZ'1 D UN�IJIl10USLY. Ms. J� cksor� stated that at tM3e last meeting, the Cor*mission passed a r�otion to send �he revised document to the City Council after the approval of those minutE s. �1r. Siouffer stated he understood wfiat �1r, van Dan k�as saying regarding Secticn 4.06, but I�e was not sure they should change registered voters to elig��le voters. � �. �H/1P.T:R C011t1ISSI0N �1EETIPJG, �tARCH 17, 19II6 PAGE 3 �1r. T�euenfels stated he agreed with Mr. Stouffer. The point made in the article �bout the City of aloomington was they apparently now wished they had specified �eyi s;ered voters i n thei r Charter; tl�erefore, i�e was i n favor of speci fyi nc� regis;ered voters in Fridley's Charter. MOmI0.1 BY MR, NE.LSON, SECOIJDED BY 1fR. VAN DAN, THJ1T TNE FOLLOWING SECTIONS IN THE C"TY CHAR:ER BE WITfIHELD AND NOT SEN T TO THE CITY COUNCIL UNTIL SUCH A TIME AS LE :AL OPIIIIONS ARE RECEIVED FOR ACTIOb' BY THE CNARTER C01'fAfISSIOI,I: SECTION 4.05 AtiD Ss'CTIOti 12.09. UPON � VOIC'F. [�OTE, NELSON, VAN DAN, JACF;SON, HENDLEY, TREUENFELS, STOUFFER VOTI,V ; AYE, KIIJDOM VOTING NAY, CHAIRPERSON JACKSOP� DECLAP.ED THE MOTION CARRIED BY A �OTE OF 6-1. �•1r. N��?son stated he would like to refer to Section 1.04. DEFINITIO�JS, re�arding "elig ble voter", "registered voter", "voter", and "electorate". Ne remer�bered the C��mmission the Cor,v�ission using these definitions as working definitions, but at an� time did they have ti�e attorney review the definitions and render an opinion as to tfiei r 1 egal i ty? 11r, ki�nt stated a lett�r was sent to �1r. Terpstra on Jan. 19, 1984, askin� for sor�e �uidance on consistent legal terninology in the Charter, P1r. Ht nt stated a response �•�as received from P1r, Terpstra on Feb. 8, 1984. in wf�ich �1r. Terpstra stated it was his opinion that the terms "elector","eligible voter�', ancl "qualified voter" were interchangeable; that those terms constituted the 1< rges t or broaJes t base group of peopl e i n tfie corrmuni ty who have ti�e statu�ory qualifications giving them the right to exercise the votinc� privilege if thEy so choose; that the term "registered voter" encompassed a somewhat smaller group of people who are eligible to vote and have further taken the step of registerinc� to vote; that the term "voter" encompassed a somewhat smaller group yet wlo are both eligible to vote and have registered to vote and have taken the furtf�Er step of actually voting; that the term "regular voter" should not be used and c�nnot be adequately defined since they do not knovr how often a person has to voie to be a regular voter, t1r. Terpstra stated that although in Chapter 5, Secticn 5.06, of the Charter, the terms "voter" and "elector" were used inter- chanqEably, he felt that was bad draftsmanship and the term "voter" should have be�n �sed consistently. Ne stated tlie choice of the appropriate terms in the ChartEr should depend upon the intent of what was to be accomplished. Mr. Hu�t stated that, in essence, he felt P1r. Terpstra approved the terr�s suggested by the Commission. �•1r. Ne 1 son stated he had a probl em YJ1 tIl the word "whol e" i n the defi rii ti on for "elect�rate" ►vl�ich was "the whole body of eligible voters". Mr. Hu�t stated that definition was taken from the Oxford Universal Dictionary. 9C CN1IRT=R C0�1P1ISSIOt� P-1EE�IPJG, P•1ARCH 17, 1986 PAGE 4 M.0'^IC'� BY llR. NELSOI'7, SECONDED BY MR. STOUFFER, TO RESCIND AND CHANGE THE DEFINITION OF "ELECTORATE"T0: "THE BODY OF ELIGIBLE [�OTERS". UPON � VOICE VOTE, NEISOP� AND VAN DAP7 VOTING AYE, JACKSON, TREUENFELS, STOUFFER, AND XIl�DOM VOTING NAY, HENDLEY ABSTAINING, CHAIRPF.RSON JACKSON DECLARED THE MOTIC'l FAILED. E:.ECTION OF OFFICERS: Cnairperson Jackson stated the Nominating Committee had submitted the f�llowing slate of officers for election at this annual meeting: Chairperson - Sue Jackson Yice-Chairperson - Bruce tdelson Secretary - Mar�aret Hendley C�airperson Jackson declared the nor�inations open for chairperson. H�aring no other nominations, Chairperson Jac4:son declared the nominations f �r ci�ai rperson closed. M �:'IOi� BY ��R. NELSON, SECONDED BY MR. TREJENFELS, TO ELECT MS. JACKSON F�R CNAIRPERSON BY ACCLAMATION, U�ON A VOICE VOTE, P�ELSON, TREUENFELS, VArI DAPI, STOUFFER, HENDLEY, KINDOM, ti�TING AYE, JACKSON ABSTAZNING, CHAIRPERSON JACKSOA' DECLARED THE IdOTIOPI C 3RRIED, C�airperson Jackson declared the nor�inations open for vice-chairperson, �1°. Nelson stated that since he had been vice-chairperson for two years and since there were sone people on the Commission who had not had the opportunity t� hold an office, he would like to r�ithdra�� his name as a candidate for vice-chairperson. �1•. Nelson noninated P1r. van Dan for vice-chairperson. H�aring no other nominatioris, Chairperson Jackson declared the nominations f�r vi ce-ciiai rperson cl osed. M JTI03' BY 14R. TREUENFELS, SECOIJDED BY MR. NELSON, TO ELECT HR.VAl] DAP7 AS V'CE—CHAIRPERSON BY ACCLA.^lATIOPJ. U'ON A VOICE VOTE, ALL VOTING AYF., CHAIRPERSON JACY.SO:1 DECLARED THE �1 )TION CARRIED UNAIVIMOUSLY. C�airperson Jackson declared the nominations open for secretary. H�aring no other nominations, Chairperson Jac4�,son declared the nominations f>r secretary closed. . � CHARTf R C0�1h1ISSI0�J NEETING, t4ARCH 17, 1986 _ PAGE 5 MCTION BY MR. TREUENFELS� SECONDED BY MR. NEISON, TO ELECT MS. HENDLEY AS SE CRETARY BY ACCLAMATION. i1F ON A VOICE VOTE, ALL VO�ING AYE, CHAIRPERSON JACKSON DECLARED THE 1•10TIOPJ CfRRIED UNANIMOUSLY. 2. C( ��SIDERATIOtJ OF RECO�•it1ENDATIOF�S FOR MEt4EERSNIP IN THC CHARTER COP��1ISSIOPJ: M�. Jackson again encouraged r�embers to try to find someone who would be ir terested in serving on the Comr:iission. 3, C( I�SIUERATIOPd OF ITEMS FOR FUTURE DISCUSSIO�� AI�O ACTION: 1�1C TION BY 1�IR. TREUENFEIS, SECONDED BY MFt. STOUFFER, TO COIITINUE THIS ITEM Lm TIL THE NEXT MEETING. C�F �N A VOICE VOTE, ALL VOTIIIG AYE, CHAIRPERSON JACKSON DECLARED THE MOTIOI� C�RRIED UNANIMOUSLY. ADJOUF'�^1ENT: MO^IG�ti BY MR. STOUFFER, SECONDED BY MR. TREUENFELS, TO ADJOURN THE MEETIIlG. UPON A VOIC' VC�?'E, ALL VOTING AYE, CHAIRPERSON JACKSON DECLAFZED THE MARCH 17, 1986, CHARTE R COMMISSION MEETING ADJOURNED AT 8: 35 P.14. Respec tful ly submi,tted, � ^ ,- � / -� yn e �aba Recorciing Secretary ,� o�AECTORATE -j� OF PuB��c woRKs ��N� MEMORANOUM f RJ DLEY PV7 86-144 r�Y �U: Nasim M. Qureshi, City �3anager r�t�1C FROi•1: Jotui G. Floza, �Public Works Director I��I•Y IY�TE : t�ay 23 , 1986 S�T&, ECT: Awarding Contract Fbr The hioodbridge Developnent 10 �, o � � ��I�o 0 b��► ...J_. ,� �== � In <.nticipation of pre�aring the site for the proposed Woodbridge DevE lopnent on ttie 100 �lain Drive-in property, the City advertised and recciven bids for three projects: Water and Sanitary Sewer Project �162 incl uded the utilities for the Woodbridge Develognent; Demolit�on and Sit.E Graciing Project �163 for the ciemolition of the existing facilities and pre�ration of the site for the street and proposeci structures; and StrE �t L-nprave�lent Project St. 1986- 1& 2 included Phase II which was the road surface and walkway systgiis within the Woodbridge Develognent. All �ontracts had a 60 day award period. Tcie �0 ctay award period for the contracts expires on June 15, 1986. Accc rdingly, if we are to mave on this work utilizing the bids received, the �ity Gouncil should consider awarding the contracts at their June 1., 1986 n�eting. Ttie �ity has not received the Indirect Source Permit for the Woodbridge site ana tt,eretore construction cannot oonunence until it is issued. It is a itici�:ate-o to be received by July 15, 1986 because of the 30 day publishing requirenent associated with it. Accordingly, Projects �162 and r163 could be awarcled oontingent upon the Indirect Source Permit witt� a oonstruction start no earlier than July 30, 1986 , ano all other date � slipped a minim�un of 60 caays. Acti m regarding Phase II of Street Inprw�nent Project St. 1986- 1& 2 can r>e delayed for a period of time as Pnase I of the project has al re icty been awarded. It i: is appropriate, recommend the City Council award Project �162 and �163 b�th contingent upon the Indirect Source Permit with the start date of J�ly 30, 1986 and all other contact dates extenaed by 60 days. 3GFJ� .s 1 0 A BID OPENING 3: 00 P. M. THURSDAY, APRIL 17, 19 � i�ATER � SANITARY SEWER PROkTECT #162 � BID � TOTAL I PLANHOLDER � BOND I BID I COMMENTS I I I Orefi � Sons, Ine. I I � P. 0. E�x 16 35 8 I 5x I 159, 5 89• 06 I St. Pa �1, trAl 55116-035 8 I I I I I I F.M. Frattalone Excavating { { I 3066 ��ruce Street I 5� I 1b3, 923• 001 St. Pa al, t�IId 55117 { I I i I I A. C. G. Inc. I I I 5 87 S. �1. 1 st St. I 5x I 172,144. 00 I New Br ighton, 1�IId 55112 1 I I I i I Bursch�ille Construction � I I Box 16 T { 5i 1 181, 202. 6 5 i Lorett �, MN 55357 I 1 I i i i J. P. h�rex, Ine. � i i P. 0. E�x �76 { 5� � 182, 96 u. 00 = Chanha �sen, t�1 5531? i I i i { i S. J. L�uis Construction I i I RR4, F, 0. Box 51 80 I 5x I 1 83,153• 60 I St. Cl �ud, I�I 56 302 � i i i s i F. F. J:dlicki, Inc. I i i 14203 �iest 62nd St. I 5i { 192, 898.00; Eden P^airie, MN 553�u i I i s i � G. L. C�ntracting I i i P. 0. E�x 340 { 5� I 210, 892. 671 Hopkin s, 1�1 553�3 I I � i � ` Park C�nstruction Compaqy I I I 7900 B:eeh Street, N. E. I 5i i 212,122• 39 i Minnea �olis, MN 55�132 { I i I { I B� D lnderground, Inc. { i i 6130 S inset Drive ; 5� I 216, 6 81. 00 � Mound, I�W 5536 4 I I i i i i 10B - 2 - { BID i TOTAL I PLANHOLDER I BOND I BID � COI�Il�iENTS i i { Hydro ;on, Inc. i I I Box 1t9 I 5x I 230,677.001 North Branch, lR�I 55056 I I { I I i Arcon Const. Co. , Ine. I i i P. 0. 3ox 57 I 5� I 23�, 339• 95 { Mora, NW 55051 I i I .{ i i Cross Lngs, Inc. � { � Box 1) 1 5x I 238, 876.731 Prior LAke, l�l 55372 � � { i i i Ames :onst. Co. , Iae. { f I 14420 Co. Rd. #5 i 5� ! 242,b59.50� Burns�ille, l�J 55337 1 I I I I I BID OPENING 3:00 P. M. THURSDAY, APRIL 17, l 9� DEN,OLITION � GRADING PROJECT �163 � BID � TOTAL ' I ' PLANHOLDER ' I BOND I BID ; COI�iENTS i i i Park i;onstruction Compar�y 0 i I ?900 ;►eeeh Street, N. E, ; 5f i$�972�514.00; Minne, .polis, 1�W 55432 i I � i I i F.M. 1'rattalone Excavating i i i 3066 �cpruce Street I 5x I1,439,900.00i St. P�.ul, NW 5511? i i � i i i D. L. R, Construction Company { i i 11545 - 190th,St,, E, 4 5i i1,525,000.66= Hasti� gs, hIlV 55033 i I I � I I Ames 1 onst. Co. , Inc. i I i 14420 Co. Rd. #5 i 5� i 1, b 25, 000. 00 i Burns�ille, MN 55337 i i 1 i i i D. H. 1 lattner � Sons 1400 ( oncordia St. P� ul, l�d 55104 c � ; i 5� ;3,�10,000.00i I I � i i i _ 1 0 C � R�9C�,,iTi'Iatd N0. HRA 6— 1986 i , 1 0 D RE5(%Vi'IOI�] p�pP�7VI1�; �iE �[dSRitUGTION PLANS OF THE PHASE ONE BUILDTNG FOR THE LAKE POINTE QORPORATE CENTER AS SUBMITi� BY I�IO�RIDGE PR(JPII2TIES WHERE �S, Woodbridge Properties has suuk�mmitted construction plans for the Phase One b�ilding of the Lake Pointe Gorporate Center; and WHERE�.S, the "Contract for Private Developnent" requires the Fridley Housing and Fedevelognent Authority to approve the constuction plans, if in the reasoiable discretion of the Authority that: � 1. Tle construction plans conform to the terms and conditions of the Contr ►ct. 2. T�e construction plans conform to the terms and conditions of the Reciev lopnent Plan. 3. T�e construction plans wnform to all applicable Federal, State and Local laws, ordinances, rules and regulations. 4. Tie construction glans are adequate to pravide for the construction of the Phase One Minim�un Improvenents. 5. T �e oonstruction plans substantially conform to the Develognent Plan and the D� �velognent Quality Plan as described in the Contract. NOW, ' HE.REFORE, BE IT RF.SCLVID by the Housing and Redevelognent Authority of trie C, .ty of Fridley that the Authority approves the construction plans as surmi .ted and in the reasanable discretion of the Authority, ttie above stated concii� :ions have been met. PASSF� ► AI�ID ADOPTID BY ?I�iE HOUSING AND RELI�'VII�OPI�IENT AU�-IORITY OF THE CITY OF FRILa.l1' �iIS 8�i DAY OF rSAY, 1986 LARRY Q�1�A9ERS � (��IRA9F►IJ HCXISING Al3D RIDEVELOPMENT AUZ�iORITY AZ'I'ES. ' NASI.FI ri. QURFSHI, DIRECI'OR HOUSIi G AND RED�E,VELOPI��NNT AU�iORITY ��a� 1 , 1986 MT::'SF.NGEFED 1 0 E Mr ?�asir� Qureshi Ex�cutive Director of the Housing �.nc3 Redeve]o�ment Authority Ci� y of Fric3lPy 64,1 University Avenue rortheast Ft- <31ey, t•:innesota 55432 De� r :�asim: As re�uired ou.line the coi �struction an;l financial Re: Lake Pointe Corporate Center by the developr-ient aareer�ent, we ar� k•r i t i na t� exteri�r r^ateria] s which 4�i 1 l he use:3 in tl�r of Lake Pointe Corperate Center ... th� c�rf�or��! c� district of the north suburban area. Th�� first builc?inq schedulec3 for cons�ruction is Builr3ing C r�n�'. w•i _1 consist of reflective glass as the prec�or�inant extt�ri��r r,�.erial �ith granite or architectural pre-cast panels acctrntinq th�r entry are�s. ��Je anticiPate tlZe tint of this qlass ki l l hc� �� n�� tra] arayish tint which tenc?s to reflect differc�nt c��lors ;�� >en.� i nq on the weather . Th� proposed color of this qlass has been carefully ev�]u�stec? to b�, cor:patible with a variety of exterior r-iaterials. This wil ] pe-rit all buildings on this site to have architectur�,l ly co�,patible, quality exteriar r�aterials which will comp] er�ent t1��• ot�ier structures. Cor�binations of glass, grani±e .�n�? ar�hitectural pre-cast are expected to be used on all bui.ldings, bu: all exterior r;.aterials will not necessarily be identical �s d� >icteci on the concept rendering . For exa�:.ple, the next of f i c�• bi�ilding may have granite or architectural pre-cast spanr3r<-? pa �els and similar glass. Another opc.ior. would be a primari:;• gliss exterior with a glass selection corple�entary to the firs•_ bu.l�ina. L��• .. ��?L�� f�u�».''fi('>. �f1C. • 3� ��f� `"�•idee Plaza • �0?�� 11a�zata Boule�ard • �1�nnc•t��r,t�. ti1!!1n�•��.',. i:, ,�„_ ,,.jr�� t'.r t�asim Qureshi h;a' � 1 , 19£36 Pa� Ie 2 It is our intention that the material selections reinforce our mu�ual goals of creating a project of architectural signifi��nce. Th:s will result in a distinquished office park environment which c].�arly integrates all buil3ings, while allowing complementary na�erials, tpxtures and colors. This will create interest and al: ow flexibility while still making tlie clear statement t}��it. La) e Pointe Corporate Center is a canFus of the �11GT1P.St. qua 1 i ty bu:ldings located in a beautifully landscaped environment.. l4e are sure that as you review an:� approve future buildings, our cor.r�itment to developing an architecturally exciting �ncl rnhFSive of: ice par}: will be consistently d�monstratee�. Sir cerely, LF+I F. POINTE It:VESTME;:T COMF'A'�Y ti'c>c �3hric?ge Financial Corporation �I--- /�. �� . � ; ✓� , ; � l` ` L � D�� ic3 R. l�'eir PrE sic3ent DF�'/slw � 0 �oF �1' � .. ' ._ ��'� :��. , �'., • 3� . il��F• PI�:7�: • ��'' I 1��.'Id'L B��iJl�..dff� • �i!ri'':�.•��•-..i.d. �il��;(�i•;��a. ii � . , �. I_ . . . , T I i �,1�t y� i L '� ' .� v . � ' ,, � •1 1t �r ,I � ` l� . rn � � �� '. ' �i , ;I : 1 ,1 �*� u• �W� �� : u �� W �!( � � W » Y �Q J ! u O � � 1 OG I �, U � c � v U �+ r. �. � � �. 0 U U � � ..., 0 � 0 x r a 3 ' j �v �y � .� � �; - � z �� . e ��T I� —"� J ' ( f, � 1 sl 1 ��' 10H � � �, � � . Q. i � %�. �,p . :.;'� /� , � ��, A ��.\ _ / �;: ,�e` � • -- . �.� �" . ' � ; %\ �, ; � ti�': . ,a � � r . y, ' ,l �� _ . -1_" _ . . e ,• � • . . j' � % ' � ' .;. V.�' � j� . , % ` ,��.1 :i i •� �. � . � �� t .' `; � ' '`;+�,� � � � \ ' ` , .�� \ • \� �� \ \� '�r ��. ` \ '�`• , .y ' �`. ,: � ,, �;�. % ' • �� . �` � � . � � ��/ '-« / `� \ y �� .. ��'�,, � � `\ /,'��• /M1 i; `=' � � /`�.� .: }. '. �•'� o � j � � : z �•� �; .' ��, ■ \ ^� / �'\ /�� \ � 2` � � j �, ��. � _,' � ; , � � � � _�_ —� ; " � ' -- ! -�= � — _� ; � � . • � / , ,�� i�- , ,=--.� ; � , ,,. , , , � �; � , -r = __ j- � _�_ � ! � _ i -. _T ' f `` � _ _.. ; _ �_ :4 =c - , � �j �' i^. � r �, � �� .. i.�: . . .� . . . , � ---- --- u:. �- ._� __. ---------------• -' � � : . �W � 1 .� �;. . 1 , r _� � i. ..�..�• '� }S ' � ��'� �.. : ��---�-�"p —_.._ _. ��_�_.-�-!� Q ��_�I _._"_'_ "_ ____ I ', 1 / _ � �. / � � i �/ j � I. 1 / �—.-_�...___'._. " '" . . . -___'w r—�,'—.i f_'_.1-.d. j .r..� � —�� ._. ..___ r . . � �:� , � � � � � � � I i (»� ,� ,z � T, , �O � g i �___________ _ __ _ _ __ _—____—==='a====s==� 15,� � yEST EL.EVA I IVIV � � � � � � i ' f i i i � i { � � . , . , , , , , , , i/i� . , , I :AST ELEVATION �i�� 1 OJ I BUtLDING SECTION � � � ;� - �� , � r' ,� _ TO► Qf �Qf�LLA • K�' �LA� -- .��1� A�d � ,1 �� ,�T�' n� r R.4o�-�' �er� it��R��,. I'I . y�•.r oZ� • • r�t -- •sr - -- Fri b,a Fl�Q. •�r-r re� v1tL� ,�. o•-o' . �oo'-o' - - _ �Ld�l�►.a4N�Z�► �CALE 1 / 14' = 1'- d' 1 4K I Bi�€f.Dt1�Q SEC'T�00� � -- -- • sc� titer's_� : �• �.• :: 30 A �RIL 1986 � �� '� �•'�'' �1�� . n• 1 0 L Th� :ONCEPT FOR ThE LANDSGAPE PLAN I S TO CREATE A SENSE OF �tA7l� I TY ANO RE— ORGAi�IZATION OF T1-E SITE. WE ARE PROPOSING TO ACCOMP�ISH THIS BY PLANTING LARGI: TREES ALONG TFf STREETS TO CREATE A BOUI.EVARD EFFECT. TIfSE WOUI.D OCCUR APPRi )X I MATELY 50-60' ON GENTER . Ti�SE TFZEES WOI�D RANGE I N T!-E 4"— 6" S I ZE . G I V I 1�G US A TREE 1-E I GHT OF APPROX I MATELY 20 — 24' AT T�f I N I T I AL PLANT I 1vG . THI 5 APPRi1ACH WOUl.O GIVE US AN OVERALL FABRIC TO TIE TFE SITE TOGETHER AND AL50 PRO— VIDE A VISUAL EXPERIENCE AND IMAGE FOR PROSPECTIVE BUYERS AND BUILDERS. THE �:ONCEPT WOULD AL50 I NCLIAE SODDI NG AND SEEDI NG TFf S I TE . TI� PR I MARY PURPI)SE � THIS IS TO PROVIDE A CLEAN LOOKING SITE. MANICURED LOOK AND TO KEEP DUST FROM BLOwING FROM UdOEVELOPED SITES. TFE SODDING CONCEPT IVOIA.D 8E A FREE FORM LINE THAT WOtJLD MOVE ALONG THE STREETS AND T1f SIDEWALK. WHICH WOULD AL50 CREA' 'E SONE SENSE OF I NTEFi�ST . TFE REMA I NI NG PORT I ON OF ThE S I TE WOULD 8E SEEDI:D IN A FAST ESTABLISHING GRASS (RYE OR SIMILAR) WITN THE INTENT THAT IT WOULI > BE TENPORARY ANO ALL OF I T WOI�D BE REMOVED. I N OI !DER TO SOD AND SEED 11iE S I 1E AND KEEP I T I N A GREEN AND MANI CI�ED LOOK � IRRI��ATION 08VIOUSLY HAS TO BE PART OF THAT PLAN, ThE CONCEPT AT 7HE PRESENT TIME IS TO INSTALL A TEMPORARY OUICK COUPLER OR RDTOR HEAD SYSTEPI USING HEADS THAT WILL GIVE US LARGE RADIUS (a0-100'). WE ARE PROPOSING TNAT TF� TEMPORARY II'RI� �ATION SYSTEM CLOSER TO Tl-E STi�EETS WOULD 8E RUN MORE FREQUENTLY TO PROVIDE MORE WATER AND TRY 7D KEEP A LITTLE f�RE MANICURED LAWN AREA ADJACENT TO TFE ROAD� �AY SYSTEM. ' WE AI'E PROPOSING THAT TF-E IRRIGATION SYSTEM INSTALLED ADJACENT TO THE ROAD BETwt :EN TriE SIOEwALK AtvD IN •Tt-�E 40' BUFFER STRIP ON Tt-E NORTH SIDE TD 8E PER— MANEIITLY INSTALLED AS AN AUTOMATIG SYSTEM THAT WOULD NOT BE CHANGED AS DEVELOPMEPJT TOOK P�ACE. SO�E HEADS WOI�D HAVE TO BE ALTERED AT DRIVEWAYS WHEN NEW DEVELOPh'ENT TOOK PLACE. IT I'� PROPOSE� THAT THIS IRRIGATION SYSTEM BE TIED INTO THE CITY D0��IESTIC WATER SYSTi:M AND NETERED IN SONE FORM FDR BIAGET PURPOSES. 10M FORTY F00T BUFFER - TF-E CONCEPT FOR TFE BUFFER PEDESTRIAN SYSTEM ADJACENT TO TF-� RE S I DENT I AL AREA I S TO PROVI DE AN I NTEREST I NG PLANTI NG SCF-ENE AND AT T1-E SANE TIt•1E FROVIDE BUFFER ANO SCREENING PRIVACY FOR TFE RESIDENTS. WE PROPOSE THAT T1-E CC NPLE7E BUFFER AREA 8E SODDED AND IRRIGATED. Tt-E USE OF CANIFERS (PIPE OR SPRUCE). SMALL FtOWERING TREES� SHADE TREES, AND SFRI�S (LILAC. REDTWIG DOGWOOD. HONEY:UUCLE. ETG.) WILL MAKE UP TFf PALETTE OF PLANTING ALONG TFiE RESIOENTIAL BUFFER. LARGE QPFN UNDEVELOPED AREAS - WE ARE PROPOSING THAT LARGE SHADE TREES BE PLANTED IN ThE LARGE EXPANSIVE l�1DEVELOPED'AREAS. TF�E PRIMARY PURPOSE FOR THIS IS TO TRY TO VI�UALLY BREAK UP TI-E EXPANSIVE AREA. THE MAJORITY OF THESE TREES WOU�D HAVE TO BE RELOCATED AS DEVELOPNENT TAKES PLACE IN THOSE AREAS. ON R� - T!f USE OF CANIFERS ALONG ThE M�1IN DRIVE WOULD BE DOf�E TO PROVIDE CLUNP� OF YEAR AROtJND GREEN COLQR AND REINFpRCENENT OF T}-E DRIVING EXPERIENCE. WE FEEL THAT Tt-E PROPOSED SCHENE IS APPROPRIATE FOR TF�E SITE ANp SHOULD PROVIDE A REAL VISUAL ASSET TO TFE NEW DEVELOPMENT AND THE ADJOINING PROPERTY USES AND OWI�ER` . � -` , ��' �� " �a , � d,� �'�� 4 _ . �. � �.=� . �..y-;,�,.._..� : - �� y..��-� ' `.�!�. . �y�' _ � � 1 � . �� ' � ! ,�'r+r � (r A .T � � ,' :;KR � .� � ,. �`� �, . ��, j; � `, f �� ■�' � �� , i �` a ; i '� � �< < � '�• F�r � �, �i ,�� I �` �' ,� '.e 1�� ! :; ,� _ . 4� � . '- ' � l� kj� t 1��t ' .i �. f ,''�.i� �r� `i t S _" . :j 1`° 4 � ; � ,''= ' 9 a ,� , � �f ' `� i a `�' � � qP' ` , •.• . � � _ �� `� =� ■ ' f �. L c •.t 4''iii � C_ � t- ' � t.t� — 4 p � d r.• � { ■ � i ,: i� s ° - , � '` ° `' � 1_I r r. %f — I �. �. � � ��` M� � � ,'� � �� %� > -� �. . } 1_1 ' . ,r t S `{ � '� �.ti�r ` �'� r��' � A 4 `., r ,� '� �! I�h t �.. _ ., �� : .�. � a� ° a vo �, � . � .�' _• � . �, " ' qF ,— �� `. �� "� ~ ` � �,, , ',,��:,�, _ ►- �- ,-d ea�e •_��.. >r � �� N / � y �� .. •t � �, r!f �il`R♦ �� 1 ►=1 =' � _ �R .\4�y�µ o � s � ,} 'i � 1� � \� j�� . ( ' � �� . � ��M� - '=� 1=1 ►��/ � � � �� ,� �. �k -� � C� , ��• � � _ ,- ^a I� 'sr %r''� � a?.,, �' ,� i . x ^ 11� � ,aq C � �� ' � _ ° "` q '►!y 1.. ; _` � Ai ' *ar!o� ��,� r` r V � V ,� � I , � �� o � ,��' •� o i ' ,'`.d,r""_'- �2 ` r �� i � � _ � � � � ;-� \ a� �III �;�H, �� _ , ` J / ; !'�f I;��i !I► L_ _ � S ,";�)' � I � ---' �� . �__ n.w+�-+ny�w � I I : �� _ � 1 pu,N ,-r J i J J i m J ��- �� i' , � � :� .� The Heritage Series: Modutar styl+ng that is d�stinCtive and iunCtior,al Its SmOOth exterior des�gn and h�gh periormance p�ov�des a i�ghUng concept to� all appi�cai�ons Combined �ti�ith opt�onai iens seiect�on. energy 2tt;c;;.n; ;;ght sources, and a c��sp aes•.het�c des�gn, the He��tage Ser�es �s a natural cho�ce for your arch�tectural sett�ng. Look to L S.I. tor the new, bright, bo�d look in I�ghting. :�`,'.ti4"I".. ~y;� � � ..�:;�.a:`��,:r�: .r�7 g.. ��„ :Q:�'_..�; ` �'.�•�:�'�n I ��a�;..:a�.s.,....%f�.:.:s'�:.w. _-�'— , i� _ .�; —�— �— i I 2"s I T Luminaire — A compiete�y waterproof one p�ece welded aluminum hous�ng The doub;e strength (abricaled alum�num retractor irame. with weided m�tered corners. �s sealed with adhes�ve to the refractor. A neoprene gasket is used to seal the refractor doo� to ihe housing The relractor trame �s hinged to the luminaire with conceaied hinges and locked w�1h ',: tum captive fastener. Lens — Available wilh eiiher an injection molded 2" drop, prismaticaily cut acrylic lens or c;ear ilat glass. Optional 2" drop, injection molded, vandal resistant, polycarbonate lens. J Lamps — Luminaire is 1urn�shed with a single lamp in your choice ol meta► halide. supe� melai halide, high pressure sodium or deluxe mercury vapor. ' Luminaire Finish — F�nished surtaces are degreased, deoxidized and etched p��or to being 1�nished in either black, bronze, or white baked�on enamel. Finish is g�aranieed for 5 years. +��^. M^ ij' L { .� •.;i. .r�!',. ��. 1 0 Q Lum naire Ordering intormation _ — - - --- --- ----- -- �- - ---- _ -- -- - _---------�- - -- -- ---- Watts Order Number Description Lume�s Weight L s_ _ -- - - - - Sup sr Metal Halide - -- - - - -- - -- - - - - --- --- - ---- --------- --- --- - --- -- ---- --- t 75 HE 1755MH Diop Le�s 15.QU0 - ----- __ .. - - --- --- - - ---- ----- ._. --- - -- - - ---- - i75 HEF��75S�.�H Fiat G�ass -----�5QU0 -- - - --- .---.. _._ .__ - --- _..- _.. --.. .. --. - - a0U HE�QUUSt�AH D�oD Lens 40.000 _ �� _ - � - - -- -- _ _ -- ----�-- - - -. .. _ _. _ . . - g _ -a0p HEF��UOSfJIH Fia� G�ass 40 UOU -- - - - Mel al Haiide ___ - -- - -- -- ------ --- - - -- ---- - __._. .------- - � -- --_ 250 HE 250MH D�op lens 20 500 � - - --- - - - -. - ------ -------- -_ -- - -- -- .. _ _ - � -- - : .,��. ----H`F `5.��.N F�at G'355 2p.50Q ' �_.� - - -- - . - --- - - --- - - ----- ---. _. - - - �--_ ----- --�- - a0 �00 HE SOUMH UiOG ��5 34AU0 -- - - - -- ---- -- _ . _ _ .. . - -- - - -- ___ - - 4UU HEF QGO�.�H Fia! �.;ass �� '�'�� `9 _ . _. Hig i Pressure Sodium - -- - — _ _._.- HE t50H�5 . . G.oR Lerc. --- - ---- _ t 5� t o nt10 �d _ . _.. - _ _ _--.-- . � s3 ��) HEf•150HFS F�a� G'ass E �� _. _.. . . - - - -- -- - ------- ----.._ --- --- - , �8 - - ------ -- � �� HE ; 5(1HPS DiOP �e^S •.50 -- -- � -- _ . _ - _ _ _ . __ _S �7 -- _ ---� NEF 250HPS F�at Giass 27._00 ------_- a �J - -- - - - -- - _. . . .-- --- -• ..—._ _,._ — ----- - ' - - - -- --- __ '7 COU HE dOOHP$ UrGG LPnS 50.GOU-------- -------- - - --- - --•-- -- ------ - dJ0 HEF 40UHPS F a� G�ass , 5auoo 4 Del�ze Mercury Vapor -- -------- _--- _- - ----- -- ------ ---- - — - -- -- _- - - -- --- - - -.. _ - 32 25p HE 25nGx Drop ;ens 73.UU0 - _ - - - _ _ _----- -- ------------- - - --- - ---- -- ------ - 25U HEF 250�X Fiat Giass �3A00 v_` _ �� - ---- - - - - - _ _ .-- --- ----- - - -- - - --- - --- -_ __ _- --- --- -� 35 4pU HE,OUDX D:vp lens 22.000 - • - ---- - - -- — - - . -- - --- - -- -- ------ - ---- - aU0 HEF aUC�Dx -- ----.-Fta? Giass-- -------22AU0---------��-- ----- No' �: Spec�ly banasl voitage �20. 208. 2d0. 277. or a8p vo�is a�tl lum�na�ie I�rnsh bronze, b�ac� or wh�te Op�'ons: Poiycarbona�e drop iens (HE•PL). Pnoloeiecir�c conuot (HE•PCR) ,...--.., ..._.�,.�....-:,.,•..... � .::%'.�� FRONT:a.. �`<�:;�,,: � �� ,;.., .... �r�_ ,: �:� . : . ..�.:�. .� r�:- - ;+J�i:+:�- .� �:• ;� �= :.;� s�r�,��E D t60° o yu• .,- � 1.. ; ',`. t !_ ` �• '�e��z � �_. '' .i, � N1i.� � 0 T c`: �Y �� T 9U° ..o .:�r' -,:.t.. - `�,,4� T ��' i 2O ° 0�� ':=� _ �4,��-�1 � :�, :-�t .a �� Ur� 9�' ,� �a. � r.. �: . • � :�'.;w.Lx:.'�xi'..�;�. "t'' 1y .�;,a� photo�etr�c pattern us �g S��H sou�ce - �- ., ��i�19��v��i�G. LS HE ?�N� 4201 Mafsbary • P.O. Box 42419 • CinCinnati, Ohio 45242 (513) 793 3200 u � � I• � LL � W (q � aC � � Ua yQQ�0gaam�oM Qfxj � � O �mOtO��tON M � UV c�aamm�:am O O a W �� i��=i�� :j �� ?� ��, , �a Xo ��- W ` _— � — 9 AVMH�JW p � ; .s I n� ��---__ I- — � 11 /� . �b . �It / S � C �d/d�� • i �- -- � � /� � / s i�,____ � �` � -r \� � \\ � i3aais ►aosx�vr � � �., J I � - / � a �.. � "i,l/ ,� - - ��5,.� � ��- / � I � � �/ � � W 'a �I � � .�-� ; �� '1 � �� `# g _4 . g� 'i. ! � ' l � � i �, �, :. l� I�` �,� � �� LL y 0 M n Gi MbNVA00� �10 �Ob a moearfa�ao� �ar��oo f� l7 VO NA NN Nm� �Nt9v�C9tlG0 OOW�pO 4 *� ♦iz WW W WC1iWW W W W � � � � � � � LL � � B 7 » d > ��vwa �aWt ¢a� ¢d ��LL� ai °a i v�yyrn � �c7t7=�3 <� a < o ��a m oMJ6- � < Fo $ � �� % � � . ' I W � � ! � _ __ ' �� 1 R"$ �� j ''i i� /� \\ � ' I ��' v. �. � � D � � `''� �,�, � � ..:} ; � :; �� ;� 1. \\\ � ��L �,c'�\. . \ , 1 +i , , � ;� . I� ' ; �= m ' I yi � �� ;� �� - � ;. ;: ,; I I I ' - 1 0 R � � OIAECTQRATE � � OF PUBLIC VtilORKS f�DL� MEMORANOUM 'I�O: FR�I: DA� : SL1&7ECT: John-�. ra, Public Works Director PW86-147 Cly ravetz, F�jineering Ac�ninistration N1ay 28, 1986 Intersectiari Striping Project #165 1 1 , o° °a a :� �c ,� �--- � TY�e bid letting ari the above--mentianed project was held at 11:00 a.m. this morning as scheduled. 'I'he results of the sealed bids are as follaws: Madsen Specialties Parking Marking, znc. AAA Striping S�vanstc� Equi�nt Co. $33, 981.20 (LQW BID) 39,558.88 41,354.00 60,320.00 I�d an award to Madsen S�eci.alties, P.O. Sox 255, Fargo, North Dakota, 58107 as they are tt�e ltxa bidder. CvM,/ts 1 1 A BID OPIIJIIS 11:00 A.ri, w�Y, r� 28, 1986 INTERSDCTION STRIPING PRQ7EC�C N0. 165 � BID ( TOTAL ( PL�1NFiQ,DER � 8� � BID � ��1'1� � � � MadsEn Specialties I I I Box �55 ( 5$ (S 33,981.20 � Fargc, DID 58107 � I I I I I Parki zg rlarking, Inc. 1729 Selb� Ave. St. F �ul, N,�I 55104 AAA 5 �riping � 606 - lOth Ave., S. � Ho�ik� Zs, NIIJ 55343 � I saans :on Fquipr►ent Co. I 3404 J. riain Ave. I Fargo . I�ID 58107 I 1 check 1 I $2,000.00 � 39,558.00 { Liberty St.l I I I I I 5$ I 41,354.00 j I I I 1 I I 5� � 60,320.00 � I I I I Denes m Striping � �j 1 147 J mathan Blvd. � � NO BID I Ct�ask. �, r4� 55318 I I I I I I Eagle Construction ( I ( 8181 : tivervi�a Z�errace � � NO BID I Frial� .y, r,�v 55432 ( I I I I I RF.SQGUTIOrT N0. - 1986 A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #86-04, Z10 SPLIT OFF THE NORTHERLY 22.5 FEET OF LOT 5, BLACK 4, QAK G1�OVE ADDITI�1 ADID ADD TO LO�T 4, BL,OCdC 4, C1AK G�(7VE ADDITION TO Q2Ei�1TE A SEPARATE 62.5 FOOT LOT. THE SOUI�IERLY 17.5 FEEP � LOT 5, BLO(xC 4, QAK GRpVE ADDITION WILL RIIHAIN WITH LOTS 6 AI�ID 7, SLOC;K 4, QAR GItOVE ADDITIaIJ TO (�2F�ATE A SEPARATE 97.5 FOOT LOT, THE SAME BEING 6562 ANOKA SrREET N.E. WHERE�-�;>, the City Council approved a lot split a� the May 19, 1986 meeting; and WHERE�'��, such approval was to split off the northerly 22.5 feet of Lot 5, Block 4, Oak Grove Addition and add to Lot 4, Block 4, O�ak Grove Addition to create a separa• .e 62.5 foot lot. The southerly 17.5 feet of Lot 5, Block 4, Oak Grove Additi��n will remain with Lots 6 and 7, Block 4, O�ak Grove A�ddition to create a separai.e 97.5 foot lot, the same being 6562 Anoka Street N.E. WHFRE[�:;, the City has received the required Certificate of 5urvey from the awner; and WHERF��:, such approval will create a separate 62.5 foot lot in which a house is to be � �laced. NOW, TfEREFORE, BE IT RESOLVID that the City Council directs the County of Anoka to rec�rd this lot split within six months of this approval or else such approv�l shall be null and void. PASSEL7 ADID ADOPTID BY THE CITY OOiJ1�IL OF �iE CITY � FRIDLEY THIS DAY OF -- --- --- - - - . 1986 WILLIAM J. NEE - MAYOR ATTEST: SHIRLE�i A. HAAPALA - CITY Q,ERK 1 2 5. ��► 1� �f. � Y i. C»cilman Fitzpatrick stated ore c� his reactims is that this is the third m sj or proposal he has seen. It seems to him the Council is sending a m essage that if you can't have it naw, wait around, and the criteria on w;�ich they are judging will change. C»cilman Schr�eider wondered if it is warranted to go up to 180 square f eet, and if requests were made in the past for thi� ze and we�ce grarrted. rr. F1ora stated sane adjoining oomn�s►ities sic�s aver 200 square feet and others determine the size o� a sic� d an traffic. c r. Qureshi st.ated staff was i ed to bring a proposal to the Council t y this meeting. He felt if ci� wanted an analysis of the variances c ver the last f ive year r so, this could be brought back at the next r eeti ng. IDTION b� Co� ' man Schreider to table this request to the June 2, 1986 r�eeting a direct the ac�ninistration to prepare an analysis of the � arian to the Sign Ordirance which were requested and granted over the : ree ar four years. Seoonded b� Cotmcilman Fitzpatrick. Up�n a voioe � e, all voting aye, Mayor Nee declared the motion carried unanimously. � � y � . . �� .uW _ � ►-u -�/__►_, � 1LG . •:. �r a �•• � • • :. �• � �� ' � a� ; . . • � � . • �l4� � �' ' : : :.L��! ir. Robertson, Ccxr¢�+nity Developner�t Director, stated this property oonsists ��f four lots located north � Flississippi Street on Anoka Street. He stated :he petitioner wishes to split aff the rortherly 63 feet a� the property in >rder to make a location for a hame he is planning to move from New S ri � ton. �r. Robertson stated the Planning Catcnission rec�mnended apprwal o� the lat �plit with the follaaing stipulations: (1) park fee o� 5750 be paid prior :o issuance oE builcling and mwing pennits; (2) new c3ouble cprage cnmpatible rith house facade to be oonstructed and a hard surfaoed driveway installed :o the rnw c,�rage prior to issuanoe c� the building and mwing permits f or :he house or posting of a 58,000 bond; (3) lot split to be recorded at the �Lmty prior to issuanoe c� building and moving pemits; and (4j variances :or lot areas fram 9,000 square feet to 8,127 square feet and lot width fram �5 feet to 63 feet to be appraved with the lot split. Kr. Barrett stated the house was built in 1953 and inspected by the City. He stated an additional $20,000 would be added for renodeling and the home is similar to others in the reighborhood. Mr. Barrett stated the appraisal Naa Brighton had on the hane was $73,DOD and everything will be up to codE. Mr. Barrett stated a survey has been completed and reflects a total lot 3rea af 7,994 square feet and a lot width c� 52-1/2 feet so these figures should be v�nsidered in ac,00rdanoe with the lot split. NDTIDN by CoLa'icilman Schneider to concur with the recommendation of the � 1 2 A ��'�_:..._. �J�. ,��a� �._ • „ • • . Planning Cammission and grant lot �lit, I»S. i86-04 for Terry Barrett, with the follawing stipulations: (1) �Zark fee of $750 to be paid prior to issuance � bui�ding and mwing permits; (2) a new doub�le c�rage compatible �ith house facade to be oonstructed and a hard surfaoed driveway installed :.o the r�ew garage prior to issuance af the building and maving permits for the house ar, in lieu of this, a 58,000 bond; (3) lot split to be recorded 3t Anoka �unty prior to issuanoe c� building and moving permits; and (4) varianoes for lot areas frrn 9,000 equare feet to 7,994 a�uare feet and lot �idth from 75 feet to 62-1/2 feet are approved with this lot split. ;ecanded b� Co�cilman Barrette. Upon a voioe vote, all voting aye, Mayor 1ee declared the motion carried unanimously. � 8. CX�':SIDERATIOI` OF SEITING A PUBLIC HFARING ON VACATION �S'�'. ..,., .�o�_ �, /�L�f.iL+Tl71T 1 V rnrrm�, nm �S _ �7mu wnv N_ F._ . RY I.ESLIE • �i i1 �DTIDN tr�r Cb�icilman Gooclspeed to set the public hearing on is vacation :e�uest for J�e 2, 1986. Seoonded b� Q�uncilman S�►reide . Upon a voice �ote, all voting aye, Mayor Nee declared the motion carr" unanimously. C. I'I'II�I �'RQ_'�: I ETI F '. 5, 1986 : C-1. Kr. Robertson, �rtIInu�ity Developnent Dir or, stated this is a request for 3 variance to reduce the f ront yard s back f r� 35 to 9 feet to allaw aonstruction of additianl living space Mr. Robertson stated the hardship �as the house is too snall for the f ily and due to the odd lot shape, it is difficult to acoomplish anythin without a variance. �Sr. Roberton stated the petit' ner's house is the last house on Ashton �efore the � treet curves to left onto Rice Creek w'ay. He stated the �urb curves to the west and e right-of-way curves to the east causing the :xi st ng house to be cl oser an th e r eq ui red 35 feet f ram th e f ront 1 ot 1 ir� (approximately 11 feet) . Kr. Robertson stated e neighboring property vwr�er to the south had sent a letter irYiicating h had no objection to the variance request. b�mcil�ran Fitz ick stated it seems to be an extrene request to rEduce :he sett�ck fr 35 to 9 feet, but that seally isn't what is happening. He �ated the ho e is setback 33 feet in the middle � the front of the house. �e stated street in front curves off to the west and the property line �rves off to the east and, therefore, it really is setback quite a ways ilthough technically, the property lir�e is only nine feet. He stated the �rp�se �st have been to keep the lot out fran the front o� the park. �DT by Councilman Fitz�trick to grant the variance, VAR #86-01, to r ce the front yard set�ack frcm 35 feet to 9 feet at 6715 Ashton Avenue ' n order to allaw oonstruction of additional living space. Seconded by _� 1 2 B FRANK VILLELLA N N � T I W � J Q � r � LOT SURYEYS COMPANY, INC. F B°NO NO� ;;�3z� _ LAND SU1iVEYOR3 SCALE I" z�' 0 — OENOTES 1 RON REGIST6RED UNDER LAW3 OF STATE OF MINNESOTA 7601 - 73rd Avenue North �•s�3 Minneapdi�, Mtnnewta b5428 B►urnrgora �[rrttt�tt � �� I-5/ory•B/ock r � m Fie�.e 'n I Ca�aye I W��t Fe�cs q�=�g L�na � - 129.0 P/af- -127.9 Mea�. - - t� � P ,� � � �•;' cv � . � GEL �n PR N �; � � P -l27.9 Meas.- _ o i /j�i� _ � 38.7 -- �. - /�Sla y��amt ,V,° G5�2 ` N i_�-� � 38.G5_--^ r _ � ., ��/ Fran�e PQ.� Go�aye 44.45 4 � i � e L- - ' � - -129.0 P/v f• -/27. 9 Meas.- � 38.9 a � v /-S�e.y-Fia.ne � I « ,V,°5544 � Parcel I-(7,994 Sq. Ft.) � All of [�t 4 and the northerly 22.5 feet of I.ot 5, Block 4, Oak Grove Addition to Fridl�y Park, according to the plat thereof on file and of record in the office c' the County Recorder in and for Moka County, Minnesota. Parcel E - (12,470 Sq. Ft.) All of L�ts 6 and 7 and that part of Lot 5 lying south of the northerly 22.5 feet thereof. All in Blxk 4, Oalc Grove Addition to Fridley,Park, according to the plat the eof on file and of record in the office of the County Recorder in and for Mok County, Minnesota. W � w W � � � Y Q � Q The ony eesnrr mte ahown ue from plats of rocord w Intortnetlon provlOed py tllent. � Nk MroDy eertl i tMt t�la Is � true and cortect roD�sntalion of � aurvey o11M % bounderlea o� tl r�bove tleacrlbed land and tNe Iocation of rll bulldlnqs end vls- /' /^ ' Ible encrwchm nb, II �ny, from ot on aald land. �1� � // •� r� S�nsyeAbyw ile 14j.1Ldayol D'L'fY 19 $6 Sig[�ed - lCL.�t �/GIJ' ' ;�•�-' li R�ymond A. Pneeh, Minn, fleg. No. 8743 1 2 C gF�(�UI'IpN N0. 1986 A RF�UTION APP1ifJVING 1-694 PRII�IMINARY LAYOUT IDENTIFIEQ AS LAYOUT N0. 16, S.P. 0285-16 (694=393) F'1mM T.H. 152 � T.H. 35W � iEREAS, the Comaciissioner of the Department of transportation has prepared a preliminary layout for the impravenent of a gart of Trunk Highway No. 393 r:numbered as Trunk Highway No. 694 within the corporate limits of the City o:� Fridley, frcm the West Corp. limits to the East Corp. limits; and seeks t] �e approva7. thereof, and W: iEREAS, said preliminary layouts are on f ile in the Office of the D��p�rtment of Transportation, St. Paul, Minnesota, being marked, labeled, ��d identified as Layout No. 16, S.P. 0285-16 (694=393) from T.H. 152 to �r x. 35w, and W1[EizF�.S, the City of Fridley sees the need for the following items to be i� �corporated with this project: 1 Zhere will be retention-detention p�nding pravided for storm water fran I-694 and Trunk Highway 47 and County Road 1 interchanges. 2. Storm water quality imprwanents are to be handled in the I-694 and Trunk Highway 65 drainage system into Nbore Lake. 3. A 20 inch watermain crossing un3er I-694 west of the railroad bridge should be p�avided. N(�nl, THEREFORE, BE IT RESOLVED that said preliminary layouts for the ir pravenent of said Trunk Highway withi.n the wrporate limits be and hereby a� e apprwed. gi IT Ai,9p RF�QI,VID, that the City appraved retention-detention ponding, w� ter quality impravenents, and 20 inch watermain items be included with tY is imprwanent proj ect contract. P� SSID AI�ID ADOPTED BY TIiE CITY COUNCIL OF THE CITY OF FRIDLEY ON THIS � L1AY OF , 1986. WILLIAM J. NEE - MAYI�R AZ I'EST: SH IRLEY A. HAAPALFI� QTY CZ,ERK 3/ i/1/5 13 � DiRECTORA'fE � OF PuB�ic woRKs C�N� MEMOF3ANOUM f RI DLEY `: J: -- - Nasim Qureshi� City Manager PW86-130 F ROM: L ATE : r John G. F1ora,�Publie Works Director May 13, 19 e6 :UBJECT: I-694 Improvement 1 3 A' , o' a � co� o .� �— ] attended a meeting on Monday, May 12, 1986 at the Minnesota Department oP 7ransport� ion Distriet 5 offices regarding the improvement of I-694 tetween 35W and HighWay 100. 7he improvement of this segment oP I-694 is now scheduled to commenee in 7987 and is Lo be completed in November, 19 89. The f irst order of consiruetion deals �ith the Widening of the Burlington Northern Railroad tracks and the Mississippi River bridge folloxed by new bridges at East I ivber Road, T. H. 47, Highway 6 5$nd ne�r abutments on Lhe Main Streat tridge and a totally neW roadWay surPaee with barrier median and median ]ighting for the entire segment. ' he bikexay aeross the Mississippi River is noW planned to be placed at �oadway elevation on the north side of the bridge and the bridge Will be iidened to provide fowr lanes west-bound and Pive lanes east-bound. All �iher bridges will provide the capaeity for four lanes in each direction. � n additional storna sexer Will be iastalled from T. H. 47 to the t�tiaaissippi liver. The entire improvement Will provide for two-lane movement in aach cirection throughout the eonstruction. - : identified the City�s concern for ineluding red briek in the East River load medians, storm water filtering oP the East River Road and T.H. k7 :ntersections, BASFU system for the Highway 65 cloverleaf, and a �equirement for a sleeved 20-inch Watermain line north oP the railroad iridge. These items are to be ineluded in the Pinal design by Tim Johaso n : rom their office. "he Main Street Bridge will have the southerly abutment relocated w hich iill require elosing oF the bridge and detouring using 53rd and 57th :�treets in order to complete this work Within one constructioq season. I :ndicated the City could support this but approval would be requi red from the Anoka County Highway Department. 'hey will be requiring a resolution approving the preliminary plans for lhis improvement. Upon completing a review of the proposed ehanges, we sill prepare the appropriate resolution for inelusion in the June 2, 1986 t ouneil Agenda. � GF/ts � ��Nt �rq �S' ' tio_ � a � ��ti� I �y� OF TFtP May 7, 1986 Minnesota Department of Transportation District 5 2055 No. Lilac Drive Golden Valley, Minnesota 55422 Mr. John Flora Dir �ctor of Public Works Ci t � of Fridley 643. University Avenue N.E. Fri�!ley, Minnesota 55432 RE: S.P. 0285-47, Etc. I-694 3rd Lane Addition Dea' Mr. Flora: 1 3 B (612 i .-,45•3761 On 1'ovember 19, 1984 a meeting was held with the cities and counties within whi�.h the I-694 3rd Lane Addition Project (S.P. 0285-47, etc.) lies. At that tim� Layout No. 15 was presented and resolution forms were supplied for council act:on (optional). Ple�se find enclosed two copies of Layout No. 16 and resolution forms. As of Apr.l 7, 1986 Layout No. 16 is the current proposal. Note that although the project now extends from TH 152 to I-35W, only the portion of the layout within you• jurisdiction is enclosed. The most significant changes are as follows: A) Computer generated base map and layout proposal based on aerial photog- raphy/planimetric techniques. B) Extension of the project westward to TH 152 along Eastbound I-94 to provide an auxiliary lane to alleviate forecast Level of Service "F" conditions in the TH 100 area. C) "B" requires widening of three interstate bridges and replacement of the Xerxes Ave. bridge over I-94. CD) "B" requires an additional auxiliary lane Eastbound over the Mississippi River. Note that this auxiliary lane is dropped at TH 47. �� Addition of bike/ped. access across the Mississippi River (north side). F) "E" requires one residential relocation within Brooklyn Center. CG) Pavement investigation indicated that I-694 pavement from TH 252 to I-35W should be replaced. The new roadway is proposed to have barrier median with median lighting (urban section). An Equal Opportunity Employer �O 1 3 C Mr. John F1ora May 7, 1986 Pag � Two I�a:11 be arranging a meeting with you during May, 1986 to discuss project sch��dules and other construction concerns. Bri��fly, the first project letting is scheduled for January, 1987 (project sta�t, summer 1987). Project completion is scheduled for November, 1989. Tra:'fic will not be disrupted on the I-694 mainline prior to the opening of the TH :52/610 project. Two lanes of traffic in each direction will be maintained alo:�g I-694 throughout the project limits at all times, with 3 lanes available in Each direction in the River Bridge area through most construction stages. The project is programmed for $35 million. Res� ectfully, Yy,1 J � J R.S. Brown, P.E. Pro; ect Manager Enc: osure DEPARTMENT PHONE DATE TO FROM SUBJECT Mn/DOT Operations Division Golden Valley District 5 593-8532 May 13, 1986 FILE - S.P. 0285-47, Etc. R. S. Brown ✓1 )� Project Manager Conference Report City of Fridley Attenclees: 1 3 D SF-OOt)06�04 STATE OF MINNESOTA Of f ice Memorandum �/'John Flora City Engineer Mark Bursch Asst. City Engineer Duane Brown Dist. 5 Carl Hoffstedt Dist. 5 Bob Brown Dist. 5- Project Manager Bob Brown briefly described project and provided two copies of L.0.16 and resolution forms for city. Several issues were discussed by city: 1) City wants a 20" watermain crossing under I-694 west of the BNI bridge. Final design should coordinate and provide casing & pipe with agreement with city. City budget indicates 1988 water- main project. Stubs at each end already inplace. 2) Although Mn/DOT must yet coordinate with Anoka County, city found no major problem with closing Main Street bridge to replace abut- ments. 3) City wants red paving brick in raised island locations along CSAH 1. Specifications from city or county. City will participate. 4) T.H. 65 pond sites as previously discussed with E. Gavlinski. City wants BASFU. Mn/DOT can't maintain. City interested in nutrient removal as effluent ends up in Moore Lake (city restoration proj- ect). Wet ponds may suffice. City is focus of "6 cities watershed" (permit[ing authority). 5) City advised that county is proposing bikeway along river north of I-694. Bike trail touchdown should recognize this. 6) Layout 16 will go [o council in early June. 7) City generally happy with project. cc: Mn/DOT Attendees T. C. Johnson/M. Remer L. Bann/R. Noreen E. Gavlinski Files RSB:pn n CITY OF FRIDLEY CATV ADVISORY COMMISSION t1EETING, �1AY 15, 1986 CALL TO OR�ER: 1 4 Chairperson Peterson cal]ed the P�1ay 15, 1986, CATV Advisory Camnission meeting to crder at 7:06 p.m. ROLt CALL: � Mer.ikers Present: Duane Peterson, 6ar6ara Hughes, Ralph Stouffer, Ed Kaspszak Mer.ikers Absent: Burt Weaver OthErs Present: Clyde Ploravetz, City of Fridley Angela Forrest, City of Fridley Municipal Channel 13 CFiris Wegemer, Storer Cable Gary Matz, Herbst & Thue Gerald Kazmer, Nortel Cable Corporation APPf OVAL OF P1ARCH 20, 1986, CATV ADVISORY COPIMISSIOPJ MIINUTES: MO:^:ON BY MR. KASPSZAK, SECONDED BY MS. HUGHES, TO APPROVE THE MARCH 20, 1986, CATi' ADVISORY COMMIS5ION MINUTES AS WRITTEN. UPO1' A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PFTERSON DECLARF,D THE MOTION CAR; 'IED UNAN,IMOU5LY. 1. ELECTION OF CHAIRPERSOIV AND VICE CHAIRPERSOIV FOR THE NEXT CACENI�AR YEAR: MOTION BY MR. STOUFFER, .SECONDED BY MS. HUGHF,S, TO CA5T A UNAN.IMOUS BALIAT FOR DUANE PETER50N AND RALPH STOUFFER TO CONTINUE AS CHAIRPER50N AND VICE CHAIRPERSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PF,TER50N DECLARED THE 1�IOTrON CARRIED UNANIMOUSLY. 2. RECEIVE 5� FRANCNISE FEE FOR FIRST QUARTER 1986: MOTION BY MS. HUGHES, SECONDED BY MR. STOUFFER, TO RECEIVE THE 5� FRANCHISE FEE FOR FIRST QUARTER 1986 IN THE AMOUNT OF $Z4,2.Z0.46. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETER50N DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE FRIDLEY CABCE CONSORTIUM (FCC) INFQRMATION: a. Qral Presentation on �irection of FCC (f�.nc�ela Forrest) Mr. �loravetz �ntroduced Angela Forrest vrith the Government Channel 13 for the City. 1 4 A � CATV ADVISORY COP1MISSION P1EETING; P1AY 15i 1986 PAGE 2 P�s. Forrest stated all the members of the FCC were very h�ppy for this opportunity to have a representative talk to the Commission. She stated she would like to give the Commission members an update on each of the individual active channels of the Consortium--Government Access, Li6rary Access, Public Access Channel 12, and Sto�er/Channel 3-- and their goals and major achievements. Government Access/Channel 13 Major achievement: Creating a video about its sister city, Fourmies, France, which involved a lot of cooperation between the access channels and organization on the City's part. Also, regular produc- tion of a program called �ridley Forum. Goals & projects: To continue regularly producing Fridley Forum. Purchase and installation of some 1/2" editing equipment for use by Channel 13 at City I�all and any other employees at City Hall interested in creating programming in the City or for the channel. (The VFW donated �13,750 to Channel 13 to purchase an editing system. They have been authorized to spend about $7,000 more for a total of $21,250 to buy a system which will include a character generator.) To attain ne�v programs from outside sou�ces; update library programs; l�orfc more with otFier departmen�s in City Hall that have expressed a real interest. Channel 12/ACCbJ Public Access P�ajor achievement: Better relations with the cable company. They were able to give the staff of the cable company a tour and expla9n some of the faci7ities and the difference between local origination and public access. Several meetings with LO personnel to discuss cooperation between the two which in the past has not always been the case. A very successful telethon which raised more money this year than in any other year. Received $2,000 in pledges. Goals & projects: New round of classes which are continually given. They are starting a new five week class this summer on television production. They have a grant to hire a summer youth coordinator vrho �•rill take youth to local sporting events to show them how to use the equipment and tape events. A mini�golf tournament as a fund raiser in July. 6dant to expand into the corr�nnunity more to work with commun?ty organi- zations to let them know they can use Channel 12 to get their message out, to tape meeiings, etc. To continue access for 2Q0 individual members. 14B CATV ADVISORY COM�IISSIOfJ P1EETING, P1AY 15, 1986 P�GE 3 Channel 3/Storer Cocal �rigination r�ajor achievement: The improved quality of the productions. John Semeja, Coordinator, attributes that to a change in personnel and more experienced personnel in fieid production. Goals � projects: To become self-sufficient. Channel 3 is undergoing a change right now to become self-sufficient. They will sell adver- tising to pay for the budget and personnel which is something not done in the past. To 6e able to provide the programming as they have in the past which i,s unique from oti�er access channels because they have the ability to do "live" muiti-camera shots out in the field for games/events. Channel 10/Library Channel P'lajor achievement: Completing four programs taped in the library-- presentations of children's programming. Improved transmission qual i ty of thei r channel . Goals & projects: To tape more children's programming this surr�ner at the library and to continue to acquire programs from other libraries across the nation. Ms, Forrest stated the library administration is not real supportive of ca61e, and it is not a high priority, so right now the Library Channel is just trying to maintain where they are. Ms. Forrest stated she would like to tell the Commission what the FCC considers as their goals as a group: 1. As in the past, to continue to work together, share ideas, personnel, equipment, programming, etc. Primary example: Fridley Forum program 2. To get more feedbacl: from Corr�nission members, especially during refranchising, and to give as much input as possib�e to the Commiss9on members. They would like to have more of an ongoing relationship with the Commission members. The FCC members were very disappointed that none of the Commission mem6ers or the Council mem6ers returned the Channel 13 survey. Ms. Hughes thanked P1s. Forrest for an excellent report, r1r. Kaspszak stated he would be interested if an ��dvertising budget had been set up for Channel 3 for L0. �1r, lJegemer stated they are talking and negotiating right now with Group 4� to use their people as Group W already has an ad sales force in place. 1 4 C CATV �DVISORY COF1MISSIO�� P1EETI�IG, MAY 15i 198b PAGF 4 Mr. Kaspszak stated one thing that was lacking that they had up until the Star & Tribune was a published weekTy scheduie of LO and access programming. They almost have to tune into the channel to find out the programming and that moves kind of fast. 1�Jas there any way there could be a published schedule? There was a lot of good programming he was missing because of it. P1r. Kaspszak suc�gested one way of improving communications between the FCC and the Cornmission was to have a member of the FCC at every Commission meeting. He stated there was a public heat^ing on the sale of the company at the City Council on June 2. That wou7d be a good opportunity for the FCC to ask questions and make any comments. In particular, he would like to see some questions asked of the new company in reference to what their approach mighi be in terms of getting the school systPm involved more. �. P1inutes of P1a�ch 14 FCC P1inutes MOTION BY MS. HUGHE5� 5ECDNDED BY MR. KASPSZAK, TO RECEIVF THF. MAR. 14� I986, FCC MINUTES. UPON A VOICE T10TE, ALL I�OTIPJG AYE, CHAIRPER50N PF'TERSON DF,CLARF.D THE MOTION CARRIED UIIANIMOUSLY. _ 4. RECEIIIE flPEftATIOt�S REPORT FRfN'1 CABCE ��PERATOR � INCLf1DIPJG PROOF OF PURCFiASE � _..�` Mr. Wegemer stated they filed the proof of perforraance report with the City and also the annual business plan. Mr. Moravetz stated the technical report was before the Commission. The business plan itself arrived after the agenda was put together so that would come at a later date. MOTION BY M5. HUGHES, SECONDED BY MR. STOUFFER, TO RECEIVE THE PROOF OF PERFORMANCE EXPLANATION OF 2'ESTS AND RE5ULTS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PF,TER30N DECLARED TNE MOTION CARRIED UNANIMOUSLY. 5, REf,EIVE STATUS REPORT ON THE EARLIER TRA�lSFER OF �GlNFRSHIP (KKR): Mr. P1oravetz stated the Commission had received the guarantees from Storer Communications, Inc., SCI Holdings, and SCI Associaies. All were in satis- factory form. The accepiance ac7reement and all the technical documents had been signed. He stated he had the documents if any of the Commission members wished to see them. 14D CATV aDUISORY COt�1F1ISSI0fJ �1EETI1�lG 1�AY 15� 1986 PAGF 5 6. �ISCUSSION ON SALE OF CABCE SYSTE�1 TO NORTEL. CABCE (C�UNTRYSIQE CABLE, INC.): �'r. Kaspszak stated he would like to Gerald Kazma, President of Nortel (able Corp., to give his impressions of tfie Storer system and his plans for the system. �r. Kazma stated as the Corrmissio� members kneu�, Storer was'in the=process cf liquidating many of its systems, not only here, but throughout the country. fecause of the amount of de6t the KKR people took on to pay the �2.5 billion �or the company, tFiey had to sell out a great majority of the company to get 'hat money. Pr. Kazma stated they approached Storer when they knew the system was for �ale, they met with Mr. Wegemer, looked at the demographics, the employment ��ecord.in the community, and various other things one looks at in making any nvestment. They were pleased with the results of their studies and then �pproached their financial people, who in turn did many of the same studies ;nd were pleased with the dea1. Ilr. Kazma stated they then approached Storer, submitted a bid which was �ventually found acceptable, and they then entered into a contract. The :tosing date is slated for July 1, and they will be at the June 2 City Council ieeting in Fridley, at the St. Louis Park City Council meetin,q the same �venfng, and the alaine City Council meeting on June 13. They are now in a 'ready to go" position as soon as they get the necessary regulatory approvals. 1r. Kazma stated that as far as plans, they look at the system as a whole-- �ot Bloomington, St. Louis Parl�,, and Fridley. They do plan to retain the �uilding and corporate office in Fridley. They have asked Chris Wegemer to �e on the Board of Directors of Nortel Cable, and he has accepted. He will �ot only be the General P1anager, but a Director. �1r. Kazma stated that at present the 6ills are.developed in California and �nailed here. After a month or so, they will cancel that contract and wi11 install their own computer billing system in Fridley. They will continue with the access studio that is here now and the access as it is now. They might add one more person because of the new computer system. Mr. Kazma stated they are looking at making the cable system become address- ible aimost immediately. This was a business decision based on necessity for controi. There was a lot of lost revenue, and they do not have the controls through addressibility. In order to accomplish that, they will probably have one head end in St. Louis Park--the super head end that wil7 deve�op the new channel package. That will microwave the package to Fridley and Bloomington. Here in Frid]ey and Bloomington, the cor.munity access will be inserted at the first trunk end. The LO an�l the library channel, the government access, and everything done locally will be plugged in here. But each of the three systems will have exactly the same channel numbers on the same stations, so there will be a 1lttle more comformity with the other cable operators in the wFio7e area. 1 4 E CATV ADVISORY COP�1PIISSION P�IEETING, h1AY 15, 1986 PAGE 6 I1r. Kazma stated that was the immediate 6usiness plan for the next 7-9 iionths--to get the microwave system going and to get the addressible con- �erters out to all the households. 9r. P�oravetz stated that regarding, for example, the public access channel =or the three corr�nunities designated as Channel 73, a Bloanington resident :an turn to Channel 13 and get the Blooroington access pr�gram, the same for =ridley and St. Louis Park. However, are those three going to be interfaced in any way where Fridley public access could perhaps be cablecast live in 3loomington or St. Louis Park, or vice versa? , 1r. Kazma stated that when they do their study which is just getting under- Nay, that is one of the points they are going to ask the engineering firm to try to design something into the system so they do have that ability to lnierchange the access channels. �Ir. Stouffer asked Mr. Kazma to give the Commission members a little history of himseif and his company. P1r. Kazma stated he started in cable in 1968. He stated cable was his only business. At one time, they btiilt systems, designed syster�s, sold studios, set up studios, did training, and were a systems designer. 7hat led to a franchise for themselves; then they accumulated franchises. They currently have systems in South Texas in the Corpus Christi area and other areas south of San Antonio with approximately 10,�00 subscribers down in that area. They have systems in Illinois and Plichigan. They had major systems in the St. Louis area which they sold a few years ago. It was a similar operation to that in Frid7ey, Bloomington, and St, Louis Park. P�r. Kazma stated that whenever peop7e saw the name "Amzak" or "Kazma" family ownership, thai was he, his wife, his son and his daughter. Mr. Moravetz asked the Commission members if they had any questions regarding the Application for Transfer of Franchise from Nortel Cable Association. P1r, Moravetz referred to page 11-12 of the Application - List of Current Franchises, Locations, Contact People. He stated he had a list of 15 questions regarding the Kazma operation. A representative from St. Louis Park would 6e askang t{�e questions of the former franchises, and he would be asking tFie questions of the current franchises. Mr. Kaspszak stated that on page 7 of the l�pplication, question 2, "Buy�-out A�reement", it said "PJon-applicable". Did that mean there was no "buy-out" agreement? Mr. Kazma stated it was his interpretation it meant if they had any local business investors. Since they do not have any local investors, he put in "N/A". There was no buy-out if there were no investors. P1r. Kaspszak stated that on the battom of page 19, it stated: "If any portion of equity contribution is borrowed, strike collateral." He assumed Mr, Kazma was offering the franchise as collateral. 1 4 F CATV ADVISORY COMMISSIOPJ P1EETING, �1AY 15; � 1986 �� PA�F 7 Ilr. Kazma stated the equity portion was the limited partnership portion. "h.is a�as noi applicable because neitFier mem6er of tfie partnership, Union Ilutual Insurance Co. or himself, was 6orrowing money. He will have to put �p his shares, the system, and every possi6le thing he has for collateral. Ilr. Kaspszak stated that currently in Fridley, the company has been selective n terms of wiring in certain areas. Was Mr. Kazma going to cover every �treet and potentially every business and every resident so they could sub- �cribe just by tapping into the pole? 11r. Wegemer stated it was the intent that the parameters of the current system i�ould be rebuilt to push on capacity; however, there are some line extension �reas in tfie current franchise that include some �n�+ustria7 parks which are iot currently serviced and which he did not er�vision them serving. ��r. Kazma stated they normally do not service industrial parks, because there ��as no one there to take cable. It was a waste of money. Pr. Kaspszak and Mr. Matz both had a question�under the "Assumptions", page of 4, under first item "Average FCC Subscribers" showing 4� growth in 1987 �nd 1987 and 3� growth thereaftPr. Pr. Kazma stated that in the three systems as a whole in the first year, they <re looking at a large growth. The reason is there are literally thousands cf P1DU's in Bloomington that are not wired which they will be addressinc� �mmediately. So, they will see an imnediate growth in 1986-87. IJhen they 'ook at the "Assumptions", they are looking at the whole system. When they �re looking at the actual numbers, they are looking just at Fridley. Pr. Wegemer stated it was important to note that the 4� growth was for a two- �ear period so it was $2 per year, and the 3% growth was 1� growth for ihree years. Pr. Matz asked what was an FCC subscriber. Pr. Kazma stated the FCC has a method of counting subscribers. The bigger cor�panies usually use the FCC's method of countang suhscribers. P�r. Kaspszak stated that under 1�17, �2 and 4, it stated "20� increase in 193fi actual and basic programming". Whai did that mean? hr. Kazma stated they pay for every station the subscriber sees--MTV, ESPN, Etc. This year MTV increased their rates by 20%, and ESPN, CNN, and Lifetime, the weather channel and Nashville all increased by 20%. That was what the � �% referred to. P�r. P�loravetz stated f�e would encourage the Commission members to contact the �ity Council members to see if there were any specific items the Council ��nted the Co�nission to address. 1 4 G CATV 4DVISQRY COMPIISSIOPJ MEETItJG, MAY 15, 1986 PA�E 8 N�TION BY MS. HUGHES� 5ECONDED BY 1NR. STOUFFER� TO RECEIVE THE FOLLOWING I �S I, APPLICATION FOR TRANSFER OF FRANCHI5E FROM NORTEL C.�lBLE ASSOC. 2,. WORK.ZNG DRAFT OF LIMITED PARTNERSHIP AGREEMENT i 3. MANAGEMENT AGREEMENT BETWEEN NORTEL CABLE ASSOC. AND NORTEL CABLE CORP, 4, COUNTRY5IDE CABLE, INC., BALANCE SHEET 5. COMMITMENT LETTER FROM THE MARYLAND NATIONAL BANK�TO COUNTRY5IDE CABLE� INC. � (� LPON A VOICE VOTE, AZL VOTING AYE, CHAIRPERSON PETERSON DECLARED THE MOTION C ARRrED, UNANIINOUSLY. __ __ . .. . . __ __ _ _ 7. IISCUSSION OF REQfIEST �OR PROpOSAC �RFP) �OR A�RANCHISE RENEWAL: �r. Ploravetz stated this RFP along with a cover letter would be mailed to �11 interest groups, community organizations, churches, library, and school cistrict. They wi17 generally advertise, but the City is not required to �eek applications. He stated Mr. �1atz has recommended they proceed with the iransfer procedure and follow a"lag along" process for the franchise renewal. fe stated P1r. Kazma has indicated an interest in an early renewal. It seems �o be in the best interests of all parties concerned that they do not wait intil 1987 to refranchise. Pr. Matz stated that on page 1, Requirements and Interests, Items 1- 6 �ere what were negotiated with the KKR people. As the Commissioners might ieca7l, the City had some concerns regarding what monies would be available �hen it came time to renew in F'rid7ey. So, tfiese items 1- 6 were the items iegotiated and agreed to with the KKR people. tr. Matz stated pages 1 and 2 set forth what was really minimum for the City. ihe Commissioners might feel �here were additional items they think are rinimums in terms of what they are proposing. ts. Hughes stated that under Item 4, she would like to be sure it outlined ��our access channels--the three that are being used and the one for education. 'ince most of the systems usually have fewer access channels than that, they �hould try to maintain four. Ps. Hughes stated that problems with repair and response to complaints seerr�d �o be the major thing people complained about with Storer, and that was an �rea that was very important. Ilr. P9oravetz stated he would like to have the City pinpoint a little more �learly how many complaints the City received and the nature of them. �r. Matz stated he and Mr. Moravetz had discussed what mechanism should be ised for soliciting the proposal for renewal. He could not see the telephone �urvey or questionnaire because they sometimes get the extreme on what peopie ��ant to see in a franchise renewal. Also, he did not think it was good public !�olicy not to invite any public comment, so he and Mr. Moravetz had discussed 1 4 H CATV ADVISORY COMMISSIO(V PIEETING; P�IAY 15, 1986 _ PAGF 9 �he possibility of sending a letter to institutions within the City soliciting ti�ritten comments and perhaps having one public meeting whereby interested �arties can come in arid respond. Ps. Hughes stated they should send letters to the same groups they did for �Fie last refranch_ising inviting corr�neni from the public and including the fe�ublican and DFL parties, asking for input by July 15, 1986. 1he Commissioners agreed with Ms. Hughes suggestion to invite written input, rather than having an informal public hearing before the Commission. �r. Stouffer suggested that the letter specifically say this was in regard io only the refranchising, and say the Commission was interested in comnents, �articularly as they relate to access channels. hr. P+loravetz stated if there was no objection, he would have this letter come from the Commission listing the Commissioners' names. 1he Cor�nission members had no objection to this. 8. FEf,EIVE FIRST QUAR7ER REPORT FROM ACCW: r;�TrON BY MR. STOUFFER, SECONDED BY MS. HUGHES, TO RECE2VE THE FIRST. QUARTER F �'pORT FROM ACCW . �?ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETER50N DECLARFD THE MOTION C�RRIED UNANIMOUSLY. 9. R=CEIVE REPORT 0�� NATOA CONSORTIUM SURIIEY: M�TION BY MR. KASPSZAK, SECONDED BY MS. NUGHE5, TO RECEIVE THE NATOA C�NSORTIUM SURVEY REPORT. U�ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED THE MOTION C �RRIED UNANIMOU5LY. 10. 0 fI�ER f3USINESS: a, NFLCP (National Federation of Local Cable Programmers� Convention in San Francisco on July 10-12 MOTION BY MS. HUGHES� SF.CONDED BY MR. STOUFFF,R, TO RECOMMEND THAT THE EXPENSES BE PAID FOR CLYDE MORAVETZ TO ATTEND THE NFLCP CONVENTION IN 5AN FRANCISCO ON JULY 10-12, WITH PARTICULAR ATTF.NTION TO THE REFRANCHISING ISSUE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARF•D THF A70TION CARRIED UNANIMOUSLY. 141 CATV ADVISORY COM�9ISSION P�EETING; PqAY 15, 1986 � PAGE 10 11. COfdFIRM DATE FOR NEXT MIEETING: Due to a confl�ct with some Commission members, the next meeting date was changed to Wed:; June 25, 1986, at�7:00`p:m. ADJOI RNMENT: MOTIC .N BY ldR. 5TOUFFER, SECONDED BY 1�15. HUGHES, TO ADJOURN THE MEETING. UPON A VOICETVOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED THE MAY 15, 1986� CATV ADVISORY COMMISSION MEETING ADJOURNED AT 9:Z5 P.M. Respectfu1ly submitted, L e Saba Re or�ing Secretary � �►: Nasim Qureshi, City Manaqer through PW86-143 �70� G Flora, Public Works Director FI�M: C1y8e �C. Moravetz, Cable Telev ision Coordinator I� TE: May 28, 1986 ;� B�7E(Z': Cable Television Transfer of Ownership Update Or April 21, 1986 I copied you and the City Council on the application from Ncrtel Cable Associates for the Transf er of the Cable Communications Fr�nchise. I recently received a working draft of the Limited Partnership Agreement fo: Nortel Cable Associates and the management agreement between Nortel Ca�le Associates and Nortel Cable Corporation. (Attached ra e coSies o �iGy Council). Co�nission members received copies prior to the May 15 Ca�unission meeting. We have since requested certain clarifications and supplemental in=ormation. They are as follaws: 1. Zhe organization chart follawing page nine is complete and correct. 2. A copy of the Malarkey-Taylor Associates report. 3. 'T9�ere is no paragraph six on page two of the Union Mutual letter. It was an error. 4. The missing $7,000,000.00 of senior debt will be prov ided by the Mutual Insuranc�e Company of New York as part of the Union Mutual package of financing. 5. The ten year Profit/Loss Statenent. 6. 7�e Beginning Balanc�e Sheet for Fridley. 7. The Projected Ten Year Capital Budget. 8. Zhe Debt Servioe Schedule. 9. 'Ihe Depreciation 5chedule. 15 1 5 A � ge 2 - PW86-143 10a. Schedule A refers to the C1ass A limited partner which is Union Mutual - 70�. lOb. Schedule B refers to Class B limited partners, which will be Countryside Cable - 24$ and John A. Fbrbes - 6$. lOc. Schedule C refers to the present systen's subscriber rates which we are already in possession of. lOd. Schedule D refers to the information respecting the systems which we already have as �rt of the application form. 11. They have provided us with the April 30, 1986 letter between Storer and Nortel extending the closing date. The Union Mutual canmittrnent letter was dated oorrectly and is valid and bincling. (See att ched letter). 12a. Nortel Cable Corporation has no Financial Statenent as it is a new codn�ny being incorprated solely for this transaction. 12b. The Balance Sheet for Amzak Corporation. (Amzak is a family corporation - Kasma spelled backwards). 12c. 'It�e Net Worth Statanent for John A. Forbes will be forwarded as soon as they reoeive it. 13. Pages two and three of the Maryland National Bank letter are enclosed. 14. List of exhibits to the Contract with Storer. I:ems N�unber 2, 5, 6, 7, 8, 9, 10a, and lOb are voltaninous but will pravide a�pies if desired. Othenaise, I have all the information available for i: ispection and review at any time. It should be noted that all of the a�ove information has been given to Don Richards, Financial Consultant, for a i analysis. M:. Richards witl be at the Publ ic Hearing on June 2, 1986 as will Gary i�i itz and myself to an�aer questions. Cable Commission Members have been eicouraged to attend also. S:. Louis Park originally planned for their Public Hearing on June 16, but a: the request of Mr. Kasna moved it up to June 2. They have it scheduled t�r an early item of discussion at their meeting. I suggest that the Piblic Hearinq be glaced near the end of the Agenda which will allow Mr. Kisma, Mr. Richards and others to attend b�th meetings. C �M/ts c :: City Council Cable Commission PUBLIC HEARING BEFORE TNE CITY COUNCIL Noti�e is hereby given that there will be a Public Hearing of the City Councii of t!�e City of Fridley in the City Nall at 6431 University Avenue Northeast on M,nday. June 2, 1986 in the Council Chamber at 7:30 p.m. for the purpose of. Pursuant to the City of Fridley Cable Television Franchisee Ordinance, Section 405.13, Subdivision 4, notice is hereby given that there will be a public hearing before the City Council of the City of Fridley in the Council Chamber of the City Hall at 6431 University Avenue, Northeast on Monday, June 2, 1986 at 7:30p.m. to consider the following matter: TRANSFER OF CABLE TELEVISION FRQM SCI HOLDINGS TO NORTEL CABLE ASSOCIATES, A LIMITED PARTNERSHIP. All interested persons are invited to attend the hearing and offer comments on the proposed Transfer of Ownership. Any �nd ali persons desiring to be heard shall be given an opportunity at the abovE stated time and place. Publish: �Y 12, 1986 May 19, 1986 WILLIAM J. NEE MAYOR 15B Working Dra�t of � 5 C April 26, 1986 NORTEL CABLE ASSOCIATES (a Delaware Limited Partnership) d/b/a Nortel Cable TV AGREEMENT AND CERTIFICATE OF LIMITED PARTNERSHIP ARTICLE ONE 1 5 D TABLE OF CONTENTS DEFINED TERMS 1.1 Definitions ........................ 1.2 Other Definitional Provisions...... � ARTICL� TWO FORMATION, NAME AND OFFICE, PURPOSES, TERM AND DISSOLUTION 2.1 Formation .......................... 2.2 Name, Place of Business and Office, Agent for Service of Process.... .. 2.3 Purposes ........................... 2.4 Term and Dissolution ............... • ARTICL � THREE ARTICL:: FOUR CAPITAL; LIABILITY OF, AND VOTING HY, LIMITED PARTNERS 3.1 General Partner; Special Limited Partner ............................ 3.2 Class A Limited Partners........... 3.3 Class B Limited Partners........... 3.4 Capital - General Provisions..:.... 3.5 Liability of Limited Partners...... 3.6 Participation in Partnership Business by Limited Partners....... 3.7 Consents of and Voting by Limited Partners ................... LOANS BY PARTNERS; PLEDGE OF INTERESTS 4.1 Assumption of Senior Debt.......... 4.2 Other Loans ........................ 4.3 Status of Loans .................... 4.4 Pledge of Partnership Interest..... ARTICLI; FIVE RIGHTS, POWERS AND DUTIES OF GENERAL PARTNERS 5.1 Authorized Acts; Management and Control ............................ 5.2 Restrictions on Authority.......... 5.3 Independent Activities ............. 5.4 Purchase of Limited Partners' Interests .......................... 5.5 Liability for Acts and Omissions; Indemnification .................... 5.6 Representative Capacity............ 5.7 Representations and Warranties..... 5.8 Remuneration ....................... 5.9 Transactions with Affiliates....... ARTICLE SIX ARTICL� SEVEN ARTICLE EIGHT WITHDRAWAL OR REMOVAL OF A GENERAL PARTNER 6.1 Voluntary Withdrawal; Removal of General Partner .................... 6•2 Withdrawal or Removal of General Partner; Successor General Partner ............................ 6.3 Selection of a Successor General Partner .......................�.... 6.4 Effect of Withdrawal on Partnership Interest of Withdrawn General Partner ............................ 6.5 New General Partner's Agreement.... 6.6 Amendment of Agreement ............. 6.7 Liability of a Withdrawn General Partner ................. 6.8 Applicability of Section 7.2....... TRANSFERABILITY OF LIMITED PARTNER INTERESTS 7.I Assignment of Limited Partner Interests .......................... 7.2 Restrictions ....................... 7.3 Substitute Limited Partners........ 7.4 Allocation Upon Sale To Third Party.............................. . PROFITS AND LOSSES; DISTRIBUTIONS; REQUIRED PREPAYMENTS 8•1 Profits and Losses ................. 8.2 Distributions Prior to Dissolution ........................ 8.3 Distributions Upon Dissolution..... 8.4 Recapture Amount Sharing of Class Allocations ........................ 8.5 General Partner's Interest......... 8.6 Computations ....................... 8.7 Recapture Amount ................... 8.8 Required Prepayments of Floating Rate Debt .......................... 8.9 Investment Tax Credit .............. ARTICLE NINE BOOKS AND RECORDS, ACCOUNTING, TAX ELECTIONS, ETC. 9.1 9.2 9.3 9.4 9.5 9.6 9.7 Books and Records .................. Bank Accounts ...................... Accountants ....................�.., Reports to Limited Partners........ Elections .......................... Fiscal Year ........................ Tax Matters Partner ................ 1 5 E 15F ARTICL � TEN SCHEDU �ES GENERAL PROVISIONS 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 Appointment of General Partner as Attorney-in-Fact ................... Word Meanings ...................... Binding Provisions ................. Applicable Law ..................... Counterparts ....................... Entire Agreement ................... Separability of Provisions......... Waiver ............................. Captions ........................... Amendments ......................... S:HEDULE A- Class A Limited Partners S:HEDULE B- Class B Limited Partners S:HEDULE C - Subscriber Rates S;HEDULE D- Information Respecting Systems 1 5 G NORTEL CABLE ASSOCIATES (a Delaware Limited Partnership) d/b/a Nortel Cable TV AGREEMENT AND CERTIFiCATE OF LIMITED PARTNERSHIP 'Ihis Agreement and Certificate of Limited Partnership is entere3 into by and among Nortel Cable Corporation, a Minnesota corporation (the "General Partner"), as General Partner; the persons identified or� Schedule A annexed hereto as the Class A Limitei Partners; the persons identified on Schedule H annexed hereto as the Class B Limited Partners and Union Mutual Life Insuraice Company as the Special Limited Partner. R E C I T A L S: T;ie following facts set forth the background to this Ag reem� �nt : ARTICLE ONE Defined Terms 1.1 Definitions Tre following terms used in this Agreement shall have the meanincs specified below: "Fffiliate" means, with respect to any Person, a member of such Person's Immediate Family; any member, director, officer, trustee, partner or stockholder of such Person; any corporation, association, partnership, trust, firm or other entity of which such Person or a member, trustee, partner or stockholder of such Person is a member, director, officer, trustee, partner or stockholder; and any other Person directly or indirectly controlling, controlled by, or under direct or indirect common control with, such Person. "A�reement" means this Agreement and Certificate of Limited Partner�hip, as amended from time to time. "A�sumed Debt Amount" means, as to any Partner, the amount of any deb:s of the Partnership outstanding at the end of a fiscal year wi�:h respect to which such Partner has personal liability, whether primary, secondary or otherwise, reduced by any amount with re:pect to which such Partner would have a right of contribition From any other Partner if that debt were satisfied by him at ihe end of such fiscal year other than out of the assets of the Partnership and at a time when there were no assets in the Partner:hip to satisfy any portion of such debt. 15H "�ssumption Agreement" means an agreement between a Partner and �..� Secured Lender whereby such Partner assumes personal liability for a portion of any of the Secured Debt. "3ank" means a bank or banks which provides revolving credit and/or term loans, on the basis of a floating interest rate, securei by first priority liens on substantially all the assets of the Pa-tnership (other than the Franchise, if liens on the Franch.ses are prohibited). "�;apital Account" means the individual capital account establ.shed for each Partner. S�zch Capital Account shall be credit��d with Capital Contributions and with any Profits allo�ated to sucli Partner pursuant to Section 8.1 hereof and shall be charge�l with any Losses allocated to such Partner pursuant to Sectio�� 8.1 hereof and with Distributions in respect of such Partne:. The Partnership shall maintain a memorandum account for each P<.rtner to record any adjustment necessary to reflect the effect of Section 48(q)(5) and (6) of the Code (related to investc�ent tax credits), and shall record in such or a similaY� . memora�.dum account or in such Partner's Capital Account sucfi simila� additional adjustments as the Tax Matters Partner, after consultation with his tax advisors, deems appropriate to reflect proper:y such Partner's interest in the assets and liabilities oE the Pa�tnership. Except where the context otherwise requires, any refererce in this Agreement to the capital account of a Partner shall te deemed to include the Capital Account of any predecessor holder of the partnership interest of such Partner. "Capital Contribution" means the aggregate of (a) the amount of casr, and (b) the agreed value of any property contributed to the PaYtnership in accordance with Article Three. Any reference in thi� Agreement to the Capital Contribution of a Partner shall include the Capital Contribution of any predecessor holder of the partnership interest of such Partner. "Cash Payout" shall be deemed to have been reached whenever the aggregate Distributions to the Limited Partners equal or exceed their aggregate Capital Contribution. "C�rtificate of Limited Partnership" means this Agreement, as amended from time to time, if it is filed as a Certificate of Limited Partnership, or such other document as may be filed as a Certifi�ate of Limited Partnership, under the State Uniform Limited Partnership Law. "Class A Limited Partner" means each person identified on Schedul� "A" annexed hereto and any Person who becomes a Substitite Limited Partner respecting all or a portion of the limited partner interest of any Class A Limited Partner. -2- 1.51 'Class B Limited Partner" means each person identified on Schedtle "B" annexed hereto and any Person who becomes a Subst�tute Limited Partner respecting all or a portion of the limited partner interest of any Class B Limited Partner. "Code" means the Internal Revenue Code of 1954, as amended, and any corresponding provision or provisions of any suc�essor statute thereto. "�istributable Cash Flow" means, for any period, Excess Cash Flow f�r such period minus the principal amount of Floating Rate Debt r�quired to be prepaid to the Bank in respect of such period pursualt to 5ection 8.8 of this Agreement. "�istribution" means the amount of cash and the fair market value ��f any property distributed to a Partner in his capacity as such, >ut shall not include any payment to such Partner on account of ind��btedness of the Partnership to him (including, without limita•:ion, loans made pursuant to Section 4.1 or 4.2). "l;lection" has the meaning set forth in Sections 5.4A, H, and C here<�f. "interprise" means a cable television system or systems includ�ng the related business and assets, serving the Munici�alities. "Excess Cash Flow" means, with respect to any fiscal period, the net income of the Partnership during such period not arising from Major Capital Events or from extraordinary, unusual or non- occurring items, less (i) Pro Forma Debt Service, (ii) the amount of Mana�erial Expenses paid by the Partnership during such period, (iii) Pro Forma Capital Expenditures, and (iv) all operating expense�, provisions for all reserves and all other proper deducti�ns. "Ectraordinarv Cash Flow means all cash receipts arising from Major Capital Events less (i) the amount of cash disbursed or to be dlsbursed in connection witb such Major Capital Event (includ.ng any such amount in respect of a mortgage if its refinan.:ing resulted in the Major Capital Event); (ii) the amount necessa�y for the payment of all debts and obligations of the Partner;;hip related to the particular Major Capital Event (other than amc�unts taken into account pursuant to the preceding clause (i�); ai.d (iii) the amount considered appropriate by the General Partner: to provide reserves to pay taxes, insurance, debt service other ttan respecting loans from Partners, repairs, replacements or rene�als, and other costs and expenses related to the particuJar Major Capital Event or the assets affected thereby, payment of which is not then due but for which other cash related to such Major Capital Event or the assets affected thereby is not expectec by the General Partner to be received prior to the time such paYments are required to be made. -3- 1 5 J 'Final Grant" means a grant by a Municipality of a Franchise to the Partnership, or the grant by a Municipality of approval to the tYansfer or assignment of a Franchise to the Partnership, or the grant by a Municipality of any other approval, with respect to which no administrative or judicial appeal, petition for reconsideration, or other action contesting such grant is pending and as to which the time for filing any such appeal, petition or other �ction has expired or, if filed, has been denied, dismissed or wit�drawn and the time for instituting any further proceeding has ex�ired. "'loatina Rate Debt" means the revolving credit and/or term loans nade or to be made available to the Partnership by the Bank, on the basis of a floating interest rate. "'ranchise" means any franchise or license granted by a- Munici�ality or any agency, authority, or department thereof, and from t.me to time held by the Partnership to construct, own, and operat�� a cable television system. "��eneral Partner" means Nortel Cable Corporation, a Minnesota corpor;�tion, and any other Person who becomes a successor or additic�nal General Partner of the Partnership as provided herein, in sucl; Person's capacity as a General Partner of the Partnership. "(ross Revenues" means gross revenues from cable television operat:ons not arising from a Major Capital Event. . "]mmediate Familv" means, with respect to any natural person, his or her spouse, paxents, parents-in-law, nephews, nieces, brotheis, sisters, brothers-in-law, sisters-in-law, children, children-in-law, grandchildren and grandchildren-in-law and other issue. "Limited Partner" means any Class A Limited Partner or Class B Limited Partner, if any, or any Substitute Limited Partner, in such Person's capacity as a limited partner of the Partnership. "M�jor Ca�ital Event" means any Partnership transaction not in the �rdinary course of business including, without limitation, sales oF real or personal property, condemnations, recoveries of damage iwards and insurance proceeds, debt financing (other than Senior )ebt and Senior Subordinated Debt up to $18,500,000 in principil amount to be used with respect to the Systems), and refinan:ing of Senior Debt and Senior Subordinated Debt or other debt, uiless any such event shall be deemed insignificant in the good fa.th determination of the General Partner. However, capital expendi:ures in any year not in excess of the amounts set forth under P:•o Forma Capital Expenditures shall not be deemed to be Major C��pital Events. "M�nagement Fee" means all salaries, fees and other amounts paid by the Partnership to the General Partner or Affiliates of the GenFral Partner pursuant to Section 5.8A hereof. -4- 1 5 K 'Minimum Distributions" means an amount of cash equal to 50$ of in�ome, if any, of the Partnership taxable to Partners for feder�l income tax purposes and arising out of operations (specifically excluding a Major Capital Event) for a fiscal year (or p�rtion thereof) of the Partnership. 'Municipalitv" means any one of the cities of Hloomington, St. L�uis Park and Fridley, Minnesota. 'Ne ative Ca ital Account Hal nce" means, as to any Partner, the eccess, if any, of the charges over the credits to such Partn�r's Capital Account. 'Net Contribution" means, as to any Partner, the excess, if any, �f such Partner's Capital Contribution over the sum of all Distr.butions to him. 'Notice" means a writing, containing the information required by th.s Agreement to be communicated to a party, personally deliv��red or sent by registered or certified mail, postage prepa.d, to such party at the last known address of such party as shown on the records of the Partnership. Notices shall be deemed given when personally delivered or, if mailed, on the earlier of (i) tl�ree days after the date on which mailed, and (ii) the date on wh..ch received. Obligatory Loan Amount" means, as to any Partner,'the aggre��ate outstanding principal and interest, as of the relevant time, of any outstanding loans made by such Partner to the Partn��rship pursuant to Section 4.1 hereof. 'Partner" means the General Partner or any Limited Partner. 'Partnershia" means the limited partnership existing pursuant to th:s Agreement, as amended from time to time. 'Person" means any individual, partnership, corporation, trust or other entity. 'Positive Capital Account Balance" means, as to any Partner, the e}cess, if any, of the credits over the charges to such Partner's Capital Account. 'Profits" or "Losses" means any item of income, gain, loss or deduction for the Partnership arising during a fiscal year as deterrrined for Federal income tax purposes. "Purchasin4 Partners" has the meaning set forth in Section 3.5C rereof. -5- 15L 'Recapture Amount" means the amount of any item of income or gain c�f the Partnership that is treated as ordinary income as a result of the application of Section 1245 or 1250 of the Code, inclucing, without limitation, amounts so treated as a result of the aFplication of Section 48(q)(5) of the Code. 'Secured Debt" means the Floating Rate Debt, the Senior Secured Debt and the Subordinated Secured Debt. "Secured Lenders" means the Bank, the Senior Secured Lender and tre Subordinated Secured Lender. "Senior Debt" means the Floating Rate Debt and the Senior Secure3 Debt. "3enior Lenders" means the Bank and the Senior Secured Lender;. "3enior Secured Debt" means loans to the Partnership from the Senior Secured Lenders. "�enior Secured Lender" means an institutional lender which makes i loan or loans to the Partnership on the basis of a fixed intere�t rate, secured by first priority liens on substantially all as�ets of the Partnership (other than the Franchises if liens on the Franchises are prohibited). ";�hareholders" means Amzak Corporation and Forbes Co., as the shareh��lders of the General Partner. ";�haring Percentages" means, (i) at any time until Cash Payout, (A) 1� for the General Partner, (e) 69.3$ for the Class A Limitec Partners, and (C) 29.7$ for the Class B Limited Partners, and (i:) at any time after Cash Payout, (A) for the Class A and Class F Limited Partners (to be shared 70$ for the Class A Limited Partneis and 30$ for the Class H Limited Partners, within eacfi class �ro rata to the respective Net Contributions of such Limited Partne�s at that time), the greater of (1) 60� in the aggregate or (2) such percentage as would provide each of the Limited Partners with a return on the amount, from time to time, of their respective Net Contributions, through the date of such determination of such Sharing Percentages, equal to 20$ per annum, compoun3ed annually, and (B) for the General Partner, a percentage equal t� 100$ minus the percentage calculated in accordance with clause (ii) (A)(1) or (2), above. "S�ecial Limited Partner" means Union Mutual Life Insurance Company, in its capacity as a special limited partner of the Partner;hip, or any successor thereto or assignee thereof. "S:ate" means the State of Delaware. "S:ate Uniform Limited Partnershi� Law" means the Uniform Limited Partnership Act of the State. -b- 1 5 M "3ubordinated Secured Debt" means loans to the Partnership from t�e Subordinated Secured Lender. "3ubordinated Secured Lender" means an institutional lender which nakes a loan or loans to the Partnership on the basis of a fixed .nterest rate, secured by second priority liens on substaitially all assets of the Partnership (other than the Franch.ses if liens on the Franchises are prohibited). ";�ubstitute Limited Partner" means any Person admitted to the Partne�ship as a Limited Partner pursuant to the provisions of Sectio� 7 . 3 hereof . "�ystems" means the cable television systems constructed and to be constructed by the Partnership in the Municipalities. "�oluntary Loan Amount" means, as to any Partner, the aggreg�te outstanding principal and interest, as of the relevant date, cf any outstanding loans made by such Partner to the Partne=ship pursuant to Section 4.2 hereof. "withdrawal" means, as to the General Partner, the happening of any �f the following events: (i) death; (ii) adjudication of insanit� or incompetence; (iii) dissolution; (iv) removal; (v) permitt�d voluntary withdrawal from the Partnership; or (vi) an Event o� Bankruptcy. l.? Other Definitional Provisions A. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa. B. All computations and other matters of an accounting nature .n connection with this Agreement, including Schedule E annexed hereto, unless otherwise specified to the contrary, shall be made and determined in accordance with the Federal income tax basis o1 accounting in accordance with standards established by the Ame�ican Institute of Certified Public Accountants. ARTICLE TWO Fornation, Name and Office, Purposes, Term and Dissolution 2.1 Formation The parties hereto hereby form a limited partnership pursuant to the provisions of the State Uniform Limited Partnership Law. 2.2 Name, Place of Business and Office, Aqent for Service of Process The business of the Partnership shall be conducted under the name of 'Nortel Cable Associates" or "Nortel Cable TV." The principa. office and place of business of the Partnership shall be -7- 1 5 N at . The General Partner may at any ti:�e change the location of such principal office, but shall at all times maintain an office in one of the Municipalities. Notice of any such change shall be given to the Limited Partners on or I>efore tihe date of any such change and all filings required by the State Uniform Limited Partnership Law shall be made. Tl�e agent for service of process on the Partnership pursuant to shall be with a� address at , 2,3 Purposes Tte purposes of the Partnership shall be (i) to acquire, constr�ct, reconstruct, own and operate a cable television system or systems in the Municipalities; (ii) to acquire, construct, own and operate cable television systems in any other municipality approved by the Class A Limited Partners and Class B Limited Partnezs pursuant to Section 5.3B hereof; (iii} to engage in such other activities as are incidental to the foregoing; and (iv) to do all things provided for in this Agreement. The Partnership shall n�t enqage in any other business or activity. 2.� Term and Dissolution A. The Partnership shall continue in full force and effect until J�ne 30, 2006, or until dissolution prior thereto'upon the happenilg of any of the following events: (i) The sale or other disposition at one time of all or substantially all the assets of the Partnership in compliance with Section 5.2B hereof, or (ii) The Withdrawal (or the voluntary withdrawal without consent of the Class A Limited Partners and Class B Limited Partners� of the General Partner, unless, within 90 days thereafter, all Limited Partners agree in writing to continue the business of the Partnership and a successor General Partner shall be chosen in accordance with Section 6.3 hereof, or (iii) The Election to dissolve the Partnership made by the Class A Limited Partners or the Class H Limited Partners pursuant to Section 5.4C or 6.1H hereo�. B. Upon dissolution of the Partnership, the General Partners shall cause the cancellation of the Partnership's Certific�te of Limited Partnership, liquidate the Partnership assets, �nd apply and distribute the proceeds thereof in accordan�e with Section 8.3 hereof. �:E 1 5 O ARTICLE THREE Capital; Liability of, and Voting by, Limited Partners 3 1 General Partner: Special Limited Partner. Tt.e Capital Contributions to the Partnership of the General Partnes shall be $100 in cash, all of which shall be paid concur�ently with the execution of this Agreement. The Capital Contrikutions to the Partnership of the Special Limited Partner shall te $100, in cash, wt�ich shall be paid to the Partnership concuriently with the execution of this Agreement. 3.2 Class A Limited Partners Tre aggregate Capital Contributions of the Class A Limited Partners shall be $3,500,000, which shall be paid to the Partnership in cash concurrently with the execution of this Agreement. Each Class A Limited Partner shall be obligated to contri�ute that percentage of such Capital Contributions which is set forth opposite its name on Schedule A annexed hereto. 3.3 Class B Limited Partners Th� aggregate Capital Contributions of the Class B Limited Partner; shall be $1,500,000, which shall be paid to the Partner�hip in cash concurrently with the execution of this Agreeme�t. Each Class B Limited Partner shall be obligated to contribite that percentage of such Capital Contributions which is set for:h opposite his or its name on Schedule B annexed hereto. 3.1 Capital - General Provisions A. The total capital of the Partnership shall be the aggrega:e amount of the Capital Contributions of the Partners. B. No Partner shall be paid interest on any Capital Contribti�tion to the Partnership. C. Prior to dissolution of the Partnership, no Partner shall h�ve the right to demand the return of his Capital Contribition. D. Subject to the provisions set forth in this Section 3.4D, tYe General Partners may, at any time and from time to time, with prior written consent of at least a majority in interest of both the Class A Limited Partners and Class B Limited Partners, admit acditional Persons as Limited Partners, upon each such Limited Partner's making, or agreeing to make, such contribution of cash or other property to the capital of the Partnership, at such tines and on such terms and conditions and in return for such percentage of Partnership interest, as shall be proposed by the General Partner. The terms of admission of such additional � 15P Limitecl Partners (i) may provide that such additional Limited Partne�s shall constitute a separate class from existing Limited Partners, with a different interest in and/or priority in respect of, Prcfits, Losses and Distributions under Article Eight than those �llocated to the existing Limited Partners thereunder, (ii) may prcvide for a reduction in the share of Profits, Losses and Distritutions allocated to the existing Limited Partners under Article Eight, (iii} shall provide for the use of the proceeds of any such additional capital contributions and (iv) shall be set forth in an amendment of this Agreement, to which all Partners hereby consent if such terms are proposed and approved as aforesaid; provided, however, that an amendment so adopted shall not increase the obligations to the Partnership of any then existing Limited Partner without the consent of such Limited Partner or amend this Agreement in any manner prohibited by Section 10.10A. E. Upon the admission of any additional Limited Partners, an amen3ment to this Agreement, reflecting such admission, shall be file3 with the appropriate governmental authority. Such amendmezt shall amend the Schedule annexed hereto to reflect the names, �ddresses and Capital Contributions of such additional Limited Partners, and shall set forth the agreement of such additioial Limited Partners to be bound by all the provisions of this Ag -eement. 3.i Liability of Limited Partners Li�iited Partners shall not be liable for any obligations of the Par:nership, except pursuant to their Assumption Agreements. No Part,�er shall be required to make any Capital Contribution except �;s specifically required hereby or, except as provided in Section 4.1, lend any funds to the Partnership. No General Partner shall have any personal liability for the repayment of the Capital Contribution of any Limited Partner. 3.E Participation in Partnership Business by Limited Partner: The Limited Partners shall not participate in or have any control over the Partnership business (except as required by law and as ctherwise specifically provided by this Agreement) nor any authority or right to act for or bind the Partnership. The Limited Partners hereby consent to the exercise by the General Partner of the powers conferred on it by this Agreement. 3.7 Consents of and Votinq by Limited Partners A. Whenever, by the terms of this Agreement, any consent or approval may be given or any election or determination may be made or actioa taken by the Class A Limited Partners, or by a majority in inter�st thereof, then, unless otherwise specifically provided to the c�ntrary, such consent or approval shall be given, such election or determination shall be made, and such action shall be -10- 1 5 Q taken by Class A Limited Partners whose combined Capital Contributions represent more than 50$ of the total Capital Contr�butions of all Class A Limited Partners. Whenever this Agreenent requires the vote, consent, election, or approval of at least 66-2j3� in interest of the Class A Limited Partners, such reference shall require the vote, consent, election or approval of Class A Limited Partners whose combined Capital Contributions repres�nt at least 6b-2/3� oE the total Capital Contributions of all Cl�ss A Limited Partners. H, Whenever, by the terms of this Agreement, any consent or approv�l may be given or any election or determination may be made or act.on taken by the Class B Limited Partners, or by a majority in int��rest thereof, then, unless otherwise specifically provided to the contrary, such consent or approval shall be given, such electi��n or determination shall be made, and such action shall be taken, by Class H Limited Partners whose combined Capital Contril�utions represent more than 50� of the total Capital Contritutions of all Class B Limited Partners. Whenever this AgreemEnt requires the vote, consent, election, or approval of at least E6-2/3� in interest of the Class B Limited Partners in order to effect any action of the Class H Limited Partners, such refererce shall require the vote, consent, election, or approval of Cla�s B Limited Partners whose combined Capital Contributions represent at least 66-2/3� of the total Capital Contributions of all Class B Limited Partners. C. All references in this Aqreement to the C1ass.A Limited Partner; and Class B Limited Partners acting jointly or toqether shall m�an the Class A Limited Partners acting as a class and the Class B Limited Partners acting as a class, and shall not be deemed :o mean the Class A Limited Partners and Class H Limited Partner; acting as a single class. ARTICLE F�UR Loan by Partners; Pledge of I�terests 4.7 Assumption of Secured Debt Each of the Class B Limited Partners has executed or concurrently with the execution hereof is executing an Assumption Agreement in an amount equal to its Capital Contributions made and agreed t� be made pursuant to Section 3.3. If �ny Limited Partner shall be required to pay any sums to any hold�r of Secured Debt on account of any Assumption Agreement executed by such Limited Partner, then all such sums sha11 be deemed t� be loans to the Partnership in the principal amount of the sums so paid. Such loans shall bear interest at the rate from time to :ime applicable to the Senior Secured Debt (or, if the Senior S��cured Debt shall be paid in full, the rate which would have bee�� from time to time applicable to the Senior Secured Debt -11- 1 5 R if it were outstanding), computed daily based on a 360-day year of twelvr� 30-day months. Such loans, including interest, shall be paid c�nly as provided in Sections 8.2 and 8.3 below. �.2 Other Loans ]f the Partnership requires additional funds for any purpose, any P�rtner may, but shall not be obligated to, loan to the Partnership all or any portion of such funds; provided, that all Partners shall be given the opportunity to loan that portion of any such required funds which such Partner's Capital Contribution bears to the aggregate Capital Contrih��i-ions of all Partners. Such l�ans, including interesti, shall be paid only as provided in Sectiois 8.2 and 8.3 below and shall bear interest at the rate provid�d for loans pursuant to Section 4.1 hereof, computed daily based �n a 360-day year of twelve 30-day months. . 4,3 Status o� Loans I` any Partner shall loan funds to the Partnership, the amount of such loan shall not be an increase in such Partner's Capita:. Contribution or entitle such Partner to any increase in Distril�utions of the Partnership. The amount of any such loan shall t�e an obligation of the Partnership to such Partner. 4,4 P1edAe of Partnership Interests E�ch of the Partners agrees that, if requested by any Secured Lender, he shall pledge and assign his interest in the Partnership to sucr Secured Lender as collateral for obligations of the Partnership to such Secured Lender and for obligations of such Partner pursuant to any Assumption Agreement executed by such Partner in favor of such Secured Lender. Such pledge and assignm�nt shall be pursuant to such pledge or other agreements, and shaLl be in such form and substance, as may be required by such Se:ured Lender. Each Partner agrees to execute and deliver such pl�dge or other agreement at such time or times as such Secured Lender may request. ARTICLE FIVE Riqhts, Powers and Duties of General Partner 5.] Authorized Acts; Management and Control A. The General Partner shall have the right and responsibility to manage the business of the Partnership and is hereby authorized to take any action (including, but not limited to, the acts authorized by Section 5.1B below) in accordance with the provisions of this Agreement, and shall take all action which may be n�cessary or appropriate for the acquisition, development, maintenaace and operation of the Enterprise in accordance with the provisiozs of this Agreement and applicable laws and regulations. -12- 15S E. Except to the extent otherwise provided herein, and specifically subject to the provisions of Section 5.2 hereof, the General Partner for, in the name, and on behalf of the Partnership is hez�by authorized: (i) To acquire by purchase, lease or otherwise, any real or personal property or interest therein which may be necessary, convenient or incidental to the accomplishment of the purposes of the Partnership. (ii) To execute, sign, seal and deliver in the name and on behalf of the Partnership any deed, lease, mortgage, mortgage note, bill of sale, contract or other instrument purporting to convey or encumber the real or personal property of the Partnership. (iii) To execute, sign, seal and deliver in the name and on behalf of the Partnership any and all agreements, contracts, documents, certifications and instruments whatsoever involving the construction, development, management, maintenance and operation of the Enterprise, including the employment of such Persons as may be necessary therefor. (iv) To constru�t, operate, maintain, finance, improve, own, sell, convey, assign, mortgage or lease any real estate and any personal property necessary, convenient or incidental to the accomplishment of the purposes of the Partnership. (v) To borrow money and issue evidences of indebtedness in furtherance of any or all of the purposes of the Partnership, and to secure the same by mortgage, pledge or other lien on the assets of the Partnership. (vi� To prepay in whole or in part, refinance, recast, increase, modify or extent any mortgages affecting the assets of the Partnership and in connection therewith to execute any extensions, renewals, or mvrtgages on the assets of the Partnership. (vii) To invest in short-term debt obligations (including obligations of �ederal and state governments and their agencies, commercial paper, � and certificates of deposit of commercial banks, savings banks or savings and loan associations) such funds as are temporarily not required for investment in the Enterprise or other Partnership property. -13- 1 5 T (viii) To engage in any kind of activity and to perform and carry out contracts of any kind necessary to, or in connection with, or incidental to the accomplishment of, the purposes of the Partnership, so long as said activities and contracts may be lawfully carried on or performed by a limited partnership under the State Uniform Limited Partnership Law. (ix) To employ, when and if the same is deemed necessary or advisable, consultants, agents, accountants or attorneys. 5,2 Restrictions on Authoritv A Without the prior written consent of all the Class A Limite�l Partners and Class B Limited Partners, the General Partner shall i�ot have the authority to: (i) Do any act in contravention of this Agreement. (ii) Do any act which would alter the primary purgose of the Partnership or make it impossible to carry on the ordinary business of the Partnership. (iii� Confess a judgment against the Partnership. (iv) Possess Partnership property, or assign its rights in specific Partnership property, for other than a Partnership purpose. (v) (vi) (vii) Admit a Person as a General Partner, except as provided in this Agreement. Admit a Person as a Limited Partner, except as provided in this Agreement. Perform any act which would subject any Limited Partner to liability as a general partner in any jurisdiction. B. Except as contemplated by the provisions of Section 5.4 below (:ncluding any refinancing contemplated thereby), without the pricr written consent of at least 66-2/3$ in interest of the Class A Limited Partners� and of at least 66-2/3$ in interest of the Cla:s B Limited Partners, the General Partner shall not have the autrority to: (i) Convey, mortgage or otherwise encumber (other than in connection with the Secured Debt), sell, lease, or otherwise dispose of, any substantial portion of the assets of the Partnership. -14- 1 5 U (ii) Borrow on the general credit of the Partnership or on a secured basis {other than the Secured Debt, subject, however, to the limitations set forth in clause (iv), (vj and (vi) below). (iii) Dissolve the Partnership. (iv) Borrow under the Senior Secured Debt more than $15,500,000 in aggregate principal amount outstanding at any one time. (v) Borrow under the Subordinated Secured Debt more than $3,000,000 in aggregate principal amount outstanding at any one time. (vi) Borrow any amounts under the Floating Rate Debt unless at that time: (a) Annualized Net Cash Flow for the Partnership shall have been not less than 200� of Pro Forma Senior Interest Expense (assuming an effective interest rate on such indebtedness to the Bank of 15� per annum and after giving effect to any�such indebtedness or additional indebtedness to the Bank to be incurred on such date); (b) Annualized Net Cash Flow for the Company shall have been not less than 125� of the highest amount of Pro Forma Senior Debt Service (after giving effect to any such indebtedness or additional indebtedness to the Bank to be incurred on such date) for any consecutive 12 months in the immediately succeeding 36 month period; (c) immediately after giving effect to the occurrence of any such additional indebtedness and the application of the proceeds thereof, the aggregate principal amount of all indebtedness of the Partnership then outstanding shall not exceed 500$ of Annualized Net Cash Flow for the Partnership: (d) The interest rate with respect to such indebtedness to the Bank shall be not greater than 1� above the Prime Rate but, in any event, if greater than 15� per annum, such excess interest shall not be paid by the Partnership at such time but shall be deemed to be Excess Interest Loans which shall be repaid by the Partnership to the Bank at such time as the interest rate is less than 15� per annum; and -15- 15V (e) immediately after giving effect to the occurrence of any such additional indebtedness and the application of the proceeds thereof, Net Operating Cash Flow for such fiscal quarter shall be not less than (A) 175� of Senior Interest Expense or 150� of Interest Expense for such fiscal quarter of the Partnership, or (B) 125� of Senior Debt Service or 115� of Debt Service for such fiscal quarter of the Partnership, or (C) 40$ of Gross Revenues for such fiscal quarter of the Partnership. C. The Partnership interest of the General Partner may not be ass!gned, sold, or transferred except in accordance with Articla Six hereof. • 5 3 Independent Activities A The General Partner, Gerald L. Kazma and John Forbes shall clevote whatever time and attention may be necessary to the proper and efficient conduct of the business of the Partnership. Except as provided in Section 5.3B (and, as to the General Partne�, subject to compliance with the immediately preceding sentence) any Partner may engage independently or with others in other kusiness ventures of every nature and description, including, without limitatiion, the ownership, operation; managenent, syndication and development of business ventures relatec to the business of the Partnership; neither the Partneiship nor any Partners shall have any rights in and to such indepen�ent ventures or the income or profits derived therefrom. H. Notwithstanding the provisions of Section 5.3A, neither the Gen�ral Partner nor any Affiliate of the General Partner shall own or zave any direct or indirect interest in (or own or have direct �r indirect interest in any Person which owns or has any direct �r indirect interest in) any cable television franchise, license or system which is serviceable by hardwired coaxial cable (built �t 450 MHz amplifier spacing) from any head-ends servicing any of :he Systems so as to result in signal to noise ratio of not less th,in 45 db at the most remote point of termination, unless the Gen��ral Partner, by Notice to all of the Limited Partners, shall f:.rst offer to have such franchise, license, or system owned by the l�artnership or by a separate limited partnership under the followii g procedures: (i) If ownership of such franchise, license, or system by the Partnership is approved by the affirmative vote of at least a majority in interest of the Class A Limited Partners and at least a majority in interest of the Class B Limited Partners, such franchise, license, or system shall be owned by the Partnership. Equity capital required in connection with such franchise, license, or system -16- 1 5 W shall be contributed to the Partnership 1$ by the General Partner, 69.3� by the Class A Limited Partners, and 29.7� by the C1ass H Limited Partners. (ii) If the Class A Limited Partners, by vote as aforesaid, approve ownership of such franchise, license, or system by the Partnership and the Class B Limited Partners do not, by vote as aforesaid, approve such ownership by the Partnership, then such franchise, license, or system�shall be owned by a separate limited partnership of which the General Partner shall be the general partner, with an interest equal to the interest of the General Partner under this Agreement (without regard to the provisions of Section 6.5 hereof), and of which the Class A Limited Partners (or those members of such class which so elect) shall be the limited partners, and the Special Limited Partner shall be the special limited partner with an interest equal to the interest of the Special Limited Partner under this Agreement. If the Class B Limited Partners, by vote as aforesaid, approve ownership of such franchise, license, or system by the Partnership and the Class A Limited Partners do not, by vote as aforesaid, approve such ownership by'the Partnership, then such franchise, license, or system shall be owned by a separate limited partnership of which the General Partner shall be the general partner, with an interest equal to the interest of the General Partner under this Agreement (without regard to the provisions of Section 8.5 hereofj, and of which the Class 8 Limited Partners (or those members of such class which so elect) shall be the limited partners, and the Special Limited Partner shall be the special limited partner with an interest equal to the interest oF the Special Limited Partner under this Agreement. (iii) If neither the Class A Limited Partners nor the Class B Limited Partners, by a vote of 66-2/3$ in interest of the Class A and Class B Limited Partners, as applicable, affirmatively approve ownership of such franchise, license, or system by the Partnership, then such franchise, license, or system may be owned directly or indirectly by the General Partner and the Special Limited Partner and no Class A Limited Partner or Class B Limited Partner shall be entitled to any right or interest therein. -17- 1 5 X (iv) If no Notice of any affirmative vote de�cribed in clauses (i) through (iii) above shall have been given within the 30-day period referred to in clause (a) below, then the General Partner shall again offer to have such franchise, license, or system owned by the Partnership or by a separate limited partnership and the procedures specified in clauses (i) through (iii) shall be again applied. If no Notice of an affirmative vote described in clauses (i) through (iii) shall have been given within the 30-day period referred to in clause (b) below, then such franchise, license, or - system may be owned directly or indirectly by the General Partner and the Special Limited Partner, and no Class A Limited Partner or Class B Limited Partner shall be entitled to any right or interest therein. All vo:es of the Class A Limited Partners and Class H Limited Partne�s shall be taken, and the General Partner shall be given Notice thereof, (a) in the case of an initial offer, (i) by the Class 1► Limited Partners within 30 days and (ii) by the Class A Limite�l Partners within 45 days, after receipt by all of the Limitec. Partners of Notice of the proposed ownership interest and of all information which, within 15 days after their receipt of such Nctice, the Class A Limited Partners and Class B Limited Partne�s may reasonably request with respect thereto, including, withoui limitation, financial projections respecting the franch�se, license, or system, and demographic information respecting the municipality, and (b) in the case of an offer pursuart to clause (iv) above, (i) by the Class B Limited Partners within 30 days and (ii) by the the Class A Limited Partners within 45 days, after receipt by all of the Limited Partners of Notice of such offer. In addition to any other right or remedy which the Limited Partners and the Special Limited Partner may have on account of breach �f this Section 5.3B, the Limited Partners and the Special Limited Partner shall be entitled to recover from the General Partner, if it breaches this Section 5.3B, the amount of any and all pro°its, distributions and other benefits which would have been re:eived by the Limited Partners and the Special Limited Partner, respectively, if the provisions of clauses (i) through (iv) ab��ve had been complied with. 5.E Purchase of Limited Partners' Interes A. At any time after June 30, 1992 but prior to June 30 1994, upon the election of at least a majority in interes1, of the Class A Limited Partners made by Notice to the General Partner (any such Notice being herein called an "Electic�n"), the Partnership shall purchase the interest in the Partner:hip of all Class A Limited Partners and all Class A Limited Partners shall sell to the Partnership their interests in -18- 1 S Y the P.irtnership. Upon such an Election, the Special Limited Partn��r shall have, by Notice given to the General Partner 15 days after receiving the Notice of such Election, the right to require the P<.rtnership to purchase the interest of the Special Limited PartnEr in the Partnership. The purchase price for the interest of each such Class A Limited Partner and the Special Limited Partner shall be the amount such Partner would be entitled to recei4e under Section 8.3 hereof if, on the date of the Election, the Partnership sold all its assets at their fair market value and liquidated. B. Each Election shall, as an integral part thereof, set forth � proposed fair market value of the Partnership assets; failur� t�o se� forth a proposed fair market value shall render the Electi��n invalid. If, within 30 days after the Election, the Genera:. Partner and the Class A Limited Partners agree upon the fair m�rket value of the Partnership assets, then the fair market value :hall be as so agreed. If the General Partner and the Class A Limited Partners do not, within 30 days after the Election, agree �s to such fair market value, then the Class A Limited Partners shall, by notice to the General Partner, appoint one appraiser, and the General Partner shall, by notice to the Class A Limited Partners, appoint one appraiser, both experienced in the � apprais�l of companies engaged in the cable television business. If eith�r party shall fail to appoint such an appraiser within 14 days af:er the lapse of such 30-day period, then the appraiser appoint�d by the party which does appoint an appraiser shall make the app-aisal of such fair market value and such appraisal shall govern. If two appraisers are appointed and they agree upon such fair ma:�ket value, their joint determination shall govern. If said twc� appraisers cannot reach agreement within 30 days after the appcintment of the last appraiser to be appointed, the two appraisErs selected shall promptly appoint a third appraiser experierced in the appraisal of companies engaged in the cable television business, and the agreed decision of the three appraisers shall govern or, if the three appraisers cannot agree as to su�h fair market value, then the average of the two of the three ap�raisals which are closest in value shall be eonsidered such fai� market value. All appraisal reports shall be rendered in writiig and shall be signed by the appraiser(s). The appraised fair mar:et value of the Partnership assets, determined as herein provided shall be final and conclusive on the Special Limited Partner ��nd all the Class A Limited Partners and shall be enforceal�le in any court,having jurisdiction over a proceeding brought io seek such enforcement. All costs of appraisal shall be borne by the Partnership. The closing ot the sale and purchase of the interests of the Class A Iimited Partners and Special Limited Partner shall take place at the offices of counsel designated by the Class A Limited Partners �t 10:00 a.m. local time on such date not later than 120 days after the determination of the fair market value of the Partnership assets, or 1B0 days after the Election which gave rise to su�h s31e and purchase, whichever is sooner, as the General -19- 15Z Partier may designate by at least 10 days prior written notice to the :lass A Limited Partners and Special Limited Partner (and, if the ��eneral Partner shall fail to so designate a closing date, the clos.ng shall take place on that date which is the sooner of 120 days after such determination or 180 days after the date of such Eleci.�on). Concurrently with payment to the Class A Limited Parti,ers and Special Limited Partner of the purchase price, the Clas: A Limited Partners and the Special Limited Partner shall deli�er to the General Partner such instrument(s) as may be nece:sary to transfer to the Partnership the interest of the Class A Linited Partners and Special Limited Partner in the Partnership. Payment of the purcha�r� pri.ce shall be by wire transfer of immediately available funds or by certified or bank cashier's check or checks in Boston Clearing House funds in an amount equal to th� purchase price determined as aforesaid. In the event that tihe sale and purchase has not been consummated within the time perio�s set forth in this paragraph because of the failure of the Gener,►1 Partner to act in compliance therewith, the Class A Limit��d Partners may designate a Person (who may be a Class A Limit��d Partner) who may act on behalf of and bind the Partnership in al:. matters undertaken in connection with such sale and purch�.se including, without limitation, any financing or refin�ncing and, in connection therewith, shall have all of the power: of the General Partner in connection with the execution of documents and the granting of any security interest in the assets of the Partnership and any lender or other third party may rely on the a�thority of such Person to so act in connection wi�th such sale and purchase. C. If the Class A Limited Partners or Special Limited Partner shall make an Election respecting the purchase by the Partnecship of the interests of the Class A Limited Partners or SpeciaL Limited Partner and the Partnership shall fail for any reason (including refusal of any Secured Lender to grant any requir,�d consents) timely to purchase and pay in full for the intere;cts of the Class A Limited Partners or Special Limited Partne;�, then the Class A Limited Partners or Special Limited Partne�, as the case may be, at any time that such default contin�es, by vote of at least a majority in interest of the Class A Limited Partners or by Notice gi�ten to the Partners by the Specia] Limited Partner, elect to dissolve the Partnership, in which Event the Partnership shall be dissolved pursuant to Sectiors 2.4A and 8.3 hereof. D. Upon purchase by the Partnership of the interests of all the Cla�s A Limited Partners, the Sharing Percentages of the Class A Limit�d Partners shall be reallocated to the General Partner and to the :lass B Limited Partners as a class. E. In the event of a proposed purchase of the interests of the Cla.�s A Limited Partners or the Special Limited Partner by the Partner;;hip pursuant to this Section 5.4, the Class A Limited Partner:; shall propose an allocation of the purchase price of the interesis of the Class A Limited Partners and the Special Limited -20- 15AA Partner among the assets of the Partnership. If the General PartnEr agrees with the allocation of Partnership assets proposed by such Limited Partners, then such allocation shall apply to the purchase of the interests of the Class A Limited Partners and the Special Limited Partner. If the General Partner fails or refuses to agr�e to the proposed allocation within thirty (30} days, then the C13ss A Limited Partners may, by vote of at least a majority in int?rest of the entire class, elect to require the Partnership to liqiidate the Partnership assets and apply and distribute the procee�is thereof in accordance with Section 8.3 hereof. 5 5 Liabilitv for Acts and Omissions: Indemnification A, Each Partner shall be entitled to indemnity from the Partneiship for any liability (including, without limitation, all relatec costs of defense, including reasonable fees and disbur�ements of counsel) arising out of any act performed by such Partnet within the scope of the authority conferred upon such Partner by this Agreement, providing such Partner acted in good faith, aithout negligence or misconduct and in a manner in which such Partner reasonably believed to be in or not opposed to the best in_erests of the Partnership and the Partners, but no indemni:ication shall be made for liabilities arising under federal and state securities laws unless there has been a success`ul adjudication on the merits of each count involving securit..es laws violations or the claims in question have been dismissr�d with prejudice on the merits by a court of competent jurisdiction. Any indemnity under this Section shall be provided out of <nd to the extent of Partnership assets only, and no Limited Partner shall incur any liability on account thereof. B. Notwithstanding the provisions of Section S.SA, the General Partner shall not be indemnified from any liability, loss or damage incurred in connection with any claim or settlement involvin3 allegations that the Securities Act of 1933, as amended, or any state securities law was violated by the General Partner unless t�e General Partner is successful in defending such actions. The Partnership shall not incur the cost of the portion of any i�surance which insures the General Partner against any liabilit�� as to which the General Partner is hereunder prohibited from bei��g indemnified. 5.6 Representative Caoacity Wittout limiting the grant of authority provided in Section 5.1 herecf, but subject to the restrictions on authority provided in Secticn 5.2 hereof, the General Partner is specifically authorized to execute, sign, seal and deliver in the name and on behalf of the Partnership any and all agreements, contracts, documents, certifications and instruments whatsoever involving the construction, development, management, maintenance and operation of the En:erprise, including the employment of such Persons as may be necessiry therefor. -21- 1 5 B B ivery contract, deed, mortgage, lease and other instrument executed by the General Partner shall be conclusive evidence in favor of every Person relying thereon or claiming thereunder that, at the time of the delivery thereof, {a) this Partnership was in existence, (b) this Agreement had not been terminated or cancelled (nor amended in any manner except as shown in certificates or other instrumenks duly filed with the appropriate public offici�ls), and (c) the execution and delivery of such instruments were dily authorized by the General Partner as herein provided. Any Pe:son dealing with the Partnership or the General Partner may always rely on a certificate signed by the General Partner: (i) as to who is the General Partner or the Special Limited Partner or who are the Limited Partners hereunder, (ii) as to the existence or non-existence of any fact or facts which constitute conditions precedent to acts by the General Partner or which are in any other manner germane to the affairs of this Partnership, (iii) as to who is authorized to execute and deliver any instrument or document of the Partnership, or (iv) as to any act or failure to act by the , Partnership, or as to any other matter whatsoever involving the Partnership or any Partner. S.l Representations and Warranties Tha General Partner hereby represents and warrants to the Limited Partners and Special Limited Partners, and agrees for the benefit of the Limited Partners and Special Limited Partner, that as of tl�e date of this Agreement and at all times hereafter during the terr� of this Partnership (except as otherwise specifically providec), the following is and will be true: (i) The Partnership is a limited partnership duly organized and validly existing under the laws of the State. (ii) The General Partner will operate the Enterprise in conformity in all material respects with the loan documents respecting the Secured Debt, the franchise agreements, licenses, or similar agreements as from time to time in effect respecting each Franchise from time to time held by the Partnership, and any other contract or agreement aFfecting the Enterprise. iii) Except as specifically disclosed to the Limited Partners and Special Limited Partner in writing delivered to each of them in connection with their -22- 15CC execution of this Agreement, no event, occurrence or proceeding is pending or threatened which could (a) materially adversely affect the Partnership or its properties, or (b) materially adversely affect the ability of the General Partner to perform its obligations hereunder or under any other agreement with respect to the Enterprise, or (c) prevent the operation, completion of construction, or reconstruction oP the Enterprise in conformity in all material respects with the aforesaid loan documents, franchise, license, or si�ilar agreements, or other contracts or agreements affecting the Enterprise. This subparagraph shall be deemed to include, but not be limited to, the following: (x) legal actions or proceedings before or by any court, commission, administrative body, or other governmental officer or authority having jurisdiction over any Franchise, (y) labor disputes, and (z) acts of any governmental authority or officer. (iv) The Partnership has legally and validly obtained pursuant to Final Grants, and duly holds, the Franchises for the Municipalities. All such Franchises are in full force and eEfect; the Partnership is not in violation of any provision thereof; no proceedings have been comme�ced which could lead to a revocation, suspension, termination, or limitation of the rights thereunder; and the General Partner does not know oE any state oF fact which could lead to any such revocation, suspension, termination, or limitation. (v) The Partnership will at all times be in compliance in all material respects with the terms and conditions of each Franchise which it from time to time holds. (vi) No material default (or event which, with the giving of notice or the passage of time or both, would constitute a material default) will occur and be continuing under the Secured Debt or any agreement or obligation materially affecting the Enterprise. (vii) There is no material violation by the Partnership or the General Partner of any zoning, environmental or similar law, ordinance or regulation applicable to the Enterprise or of any municipal ordinances or regulations relating to the construction or operation of the Enterprise. -23- 1 5 D D (viii) Annexed hereto as Schedule C is a correct and complete list of subscriber rates presently in effect for each Franchise held by the Partnership. Each Municipality contains at least the number of homes set forth opposite the name of such Municipality on Schedule D annexed hereto, and such homes are passed by at least the number of miles of cable plant set forth on such Schedule D. (ix) The General Partner is a corporation duly organized, validly existing, and in good standing under the laws of the State of Minnesota, and has the corporate power to enter into and perform its obligations under this Agreement. The execution and delivery of this Agreement by the General Partner has been duly authorized by all necessary corporate action of General Partner and will not constitute a breach or violation of, or a deiault under, the charter or by-laws of the General Partner or any agreement by which the General Partner or any of its properties is bound, nor constitute a violation of any law, administrative regulation or court decree. This Agreement constitutes the legal, valid and binding agreement of the General Partner enforceable in accordance with the terms hereof. (x) At all times, the General Partner will (a) satisfy all the requirements for a corporate general partner set forth in Internal Revenue Service Revenue Procedure 72-13, or any successor thereto, as prerequisites to the issuance of an advance ruling that the Partnership will be taxed as a partnership and not as an association taxable as a corporation for Federal income tax purposes, and (b) provide the Limited Partners and the Special Limited Partner with such financial statements and other information and documents as they may, from time to time, request in order to verify compliance with the provisions oE this clause (x). T�e General Partner will indemnify promptly and hold harmless the Pa-tnership, the Limited Partners and the Special Limited Partne� from and against any and all losses, damages and liabil.ties which they, or any of them, may incur by reason of breach of any of the foregoing covenants, representations and warran;ies or by reason of the pask, present or future actions or omissi��ns of the General Partner; provided, however, that the forego.ng indemnification shall not apply to acts for which the Genera. Partner is entitled under Section 5.5 to indemnification from t:►e assets of the Partnership. -24- 1 5 E E 5 S Remuneration A For so long as the General Partner is not subject to remova:, pursuant to Section 6.1B, the General Partner shall be entitlt�d to the following compensation on account of its managerient of the affairs of the Partnership, which amount shall be paic, by the Partnership: an annual Management Fee which for any ye<r shall not exceed �� of Gross Revenues for such year; and providEd, further, that if Excess Cash Flow in any year (before deductions for Management Fees with respect to that year) is less than 5� of Gross Revenues, the excess shall be accrued and not paid, �nd may be paid in any subsequent year in which Excess Cash Flow (tefore deductions for Management Fees with respect to that year) exceeds Management Fees payable in that year by the amount of acciued Management Fees to be paid. B. The General Partner shall be entitled to be reimbursed by the Partnership for all direct out-of-pocket expenses which it may reasonably incur in direct furtherance of the business of the Partnership; provided, that as a condition to such reimbursement, the Gereral Partner shall provide the Partnership with receipts or reasonably detailed written vouchers respecting such costs. C. The General Partner shall not, directly or indirectly, receive any remuneration or reimbursement from the Partnership other than as specifically permitted by this Section 5.8, and other than Profits, Losses, and Distributions pursuant to Article Eight hereof. 5.9 Transaction with Affiliates Th� General Partner shall not, in the name or on behalf of the Partnership, enter into any agreement or transaction with the General Partner or any Class B Limited Partner or with any Affiliate of the General Partner or any Class H Limited Partner on terms taat are less favorable to the Partnership than those which might b� obtained at the time Erom Persons who are not such a Partner or Affiliate, unless such agreement or transaction has been colsented to by the Class A Limited Partners. ARTICLE SIX Withdrawal or Removal of General Partner 6.L Voluntary Withdrawal; Removal of General Partner A. The General Partner �hall not have the right to withdraw volunta-ily from the Partnership (including substitution oE an assigne� as General Partner in its place), or to transfer its interes:, or any portion thereof or interest therein, to another General Partner or to any other Person, without the prior consent of the �:lass A Limited Partners. -25- 15FF 1�. Either the Class A Limited Partners, acting alone, or the C:ass B Limited Partners acting with the consent of a majority in in�erest of the Class A Limited Partners may, upon Notice to the GEneral Partner, remove the General Partner at any time or elect to dissolve the Partnership in the event (i) of breach of any ccvenant, representation or warranty contained in Section 5.7 hereof, if such breach has a material, adverse effect on the Partnership or such class of Limited Partners and either cannot be cured or has not been cured within 30 days after notice thereof to the GEneral Partner, (ii) of the occurrence of any event or condition which shall constitute a breach or deiault of any term or prcvision of any agreement or instrument with respect to the Secured Debt which breach or default has a material, adverse effect on the Partnership or such class Limited Partners and cannot be cured or shall not have been cured by the Partnership or the General Partner within the period of grace, if any, applicable thereto, or (iv) the transfer or assignment of any voting control or owrership of any beneficial interest in or of the General Partner or any of its Shareholders (except that, in the event oF a change in voting control or beneficial interest as the result of death, the Limited Partners shall not have the right to remove the General Partner if, within 60 days after such death, voting contrcl vests in a Person approved by the Class A Limited Partners in their discretion), or (iv) if Gerald J. Kazma ("Kazma") shall cease Eor any reason whatsoever, including, without limitation, his death or disability, to be and continuously to perform the duties of a principal executive ofFicer of the General Partner, and if no successor to Kazma reasonably satisEactory to the Class A Limited Partners shall have commenced to perform the duties of such principal executive officer of General Partner within 60 days after �uch succession (provided, however, that iP any such satisfactory successor shall have been so elected and shall have commen�ed the performance of such duties within such period, the name oE such successor shall be deemed to have been inserted in this clause (iv) in place of Kazma.) C. In the event that the Class A Limited Partners or Class B Limi:ed Partners have the right to remove the General Partner pursuait to Section 6.1B above, the General Partner shall give both tie Class A Limited Partners and Class B Limited Partners Notice of such right within 15 days after the General Partner has knowleige that an event giving rise to such right has occurred. 6,2 Withdrawal or Removal of General Partners Successor Genera. Partner. A, In the event of the Withdrawal of the General Partner, or in :he event that, notwithstanding the provisions of Section 6.1A h�reof, the General Partner voluntarily withdraws from the Partne�ship without the prior consent of the Class A Limited Partne�s, one or more successor General Partners may be selected under :he provisions of Section 6.3 hereof and, in such event, or -26- 15GG in an�� event if there is a remaining General Partner, the business of thE� Partnership shall be continued in accordance with the provi:ions of this Agreement. i. Immediately upon the General �artner's Withdrawal or voluniary withdrawal without consent of the Class A Limited Partners, the General Partner shall give Notice thereof to the LimitEd Partners. E.3 Selection of A Successor General Partner. Cpon the Withdrawal of a General Partner, or voluntary withdYawal of a General Partner without consent of the Class A Limited Partners, Class A Limited Partners representing at least 66-2/�� in interest of the Class A Limited Partners, acting togetrer, shall have the right, exercisable within 90 days after they rave actual knowledge oF such Withdrawal or voluntary withdrawal, to designate one or more successor General Partners. Any successor General Partner may be a Limited Partner, or a Person in which one or more Limited Partners has an interest. The General Partner specifically consents to the admission of each succe5sor General Partner in accordance with the terms of this Secticn 6.3. 6.4 Effect of Withdrawal on Partnershig Interest of Withdrawn General Partner. A. Upon the Withdrawal of the General Partner, its interest (inclu3ing the interest in any positive balance, but not in any negative balance, in its Capital Account) shall be allocated first to any successor general partner(s) and the remainder, if any, to the C13ss A Limited Partners, as a class, with the interest alloca�ed in any positive balance in the withdrawn General Partne:'s Capital Account (adjusted for the effect of any increase in the Partnership's tax basis pursuant to Section 743 of the Code) =o be allocated to the Class A Limited Partners pro rata based �n the respective Capital Contributions of the Class A Limitei Partners. B, If, notwithstanding the provisions of Section 6.LA hereof� the General Partner voluntarily withdraws from the Partne�ship without the prior consent of the Class A Limited Partne�s, then the General Partner shall not be entitled to any paymen: or compensation on account of its interest in the Partne�ship, its interest in the Partnership shall be allocated first :o any successor general partner(s) and the remainder, if any, t�� the Class A Limited Partners, as a class, with the intere,ct allocated to the Class A Limited Partners in any balance in the withdrawn General Partner's Capital Account (adjusted for the ef:�ect of any increase in the Partnership's tax basis pursuant to Sec•.ion 743 of the Code) to be allocated among the Class A Limite�l Partners pro rata based on the respective Capital Contril�utions oF the Class A Limited Partners. -27- 1 5 H H (. The provisions of this Section 6.4 shall not be deemed to linit any rights or remedies against the General Partner on accourt of breach of this Agreement, and the Partnership, the Class A Limited Partners, and the Class B Limited Partners shall contirue to have all rights and remedies against t�e General Partner on account of any such breach; provided, that the General Partner shall not be liable pursuant to this Section 6.4D for any acts cr omissions for which it is entitled to be indemnified and held rarmless pursuant to Section 5.5 above. C. Al1 allocations to any successor generai partner(s) or to thE Class A Limited Partners of the interest of the withdrawn General Partner shall be eFfective as of the date of the Withdrawal of such General Partner. The General Partner agrees to execute and deliver such documents as may be requested to evidence or reflect his Withdrawal and the allocation of his interest in the Partnership as provided in this Section 6.4. However, such Withdrawal and allocation shall be effected automatically without the need for execution of any documents by the withdrawn General Partner. 6.5 New General Partner's Aq_reement. Any successor general partner shall, as a condition to becoming a general partner, agree to be bound by the provisions of this A�reement. , 6.6 Amendment of Agreement. U�on the admission of a successor general partner, this Agreem�nt shall be amended to reflect such admission and the requir�ments, if any, of filing an amendment to the Certificate of Limite3 Partnership under the State Uniform Limited Partnership Law sh�ll be complied with. 6.7 Liability of a Withdrawn General Partner. I`, on the Withdrawal of the General Partner, the business of the Pa�tnership shall continue, the withdrawn General Partner shall �e and remain liable for all obligations and liabilities incurr�d by him as General Partner (i) prior to the time of such Withdr�wal, in any case other than a voluntary withdrawal without the co�sent of the Class A Limited Partners, or (ii) prior to the time o' the designation of any successor in the case of a voluntiry withdrawal without the consent of the Class A Limited Partne�s but shall be free of any obligation or liability incurred on acc�unt of the activities of the Partnership from and after the time o` such withdrawal or of designation of any successor General Partne-, as the case may be. 6,8 Applicabilitv of Section 7.2 N�>twithstanding anything to the contrary in this Article Six, the Geieral Partner's interest in the Partnership shall at all -28- 15�1 times be subject to the restrictions on transfer set forth in Sectic�n 7.2 hereof pertaining to a Class H Limited Partner interE st. ARTICLE SEVEN Transferability of Limited Partner Interests ;.1 Assiqnment of Limited Partner Interest. :ubject to any restrictions on transferability required by law oi contained in this Agreement, a Limited Partner shall have the r�ght to assign part of all of his interest by means of a written instrument of assignment, the terms of which are not in contr�vention of any of the provisions of this Agreement, which instr�ment has been duly executed by such Limited Partner. An individual Limited Partner may, by written instrument, designate any ore or more members of his Immediate Family to become the assigree or assignees of his Interest immediately upon his death. Any sLCh designation must be filed with the General Partner during such Limited_Partner's li�etime. If a designee is living at the time cf the assignor's death and such designation is valid under applicable law, the designee shall become an assignee of such Limited Partner (with the same rights as would any inter vivos assignee) immediately upon the assignor's death, without any action on the part of the legal representatives of the assignor; and the estate of such assignor shall have no interest �ahatsoever in the Partnership. Notwithstanding any other provisions of this Section 7.1, the Partnership need not recognize such designated assignee or assignees until (i) duly notified in writing of the death �f the assignor Limited Partner and (ii) furnished with an opinio� of counsel acceptable to the General Partner to the efiect that sich designation complies with applicable law. 7.2 Restrictions A. Except as provided in Section 5.4, each Limited Partner agrees that it will not sell or exchange any of its interest in the Pa-tnership if the interest sought to be sold or exchanged, when aided to the total of all other General Partner and Limited Partne- interests sold or exchanged within the period of twelve (12) c�nsecutive months prior thereto, would result in the Partne-ship being considered to have been terminated within the meanin� aE Section 708 of the Code. B, Each Limited Partner agrees that it will not transfer any of its interest in the Partnership unless such transfer is exempt from registration under the Securities Act of 1933, as amende�l, and is exempt from registration or qualification (or is regist�►red or qualified) under any applicable state securities law. -29- 15JJ C. Without the prior written consent of the Class A Limited Partner, which may be withheld in their sole discretion, no Class B LimitEd Partner, or any holder of a beneficial interest therein, may tra�,sfer or assign any of its interest in the Partnership (or in such Partner, as the case may be) unless the Partnership interesis of all of the Class A Limit�d Partners and, if it has so elected the Special Limited Partner in the Partnership shall have been pu:chased by the Partnership in accordance with the provisic�ns of Section 5.4, above. The CIa�� B Limited Partners and the shareholders thereof and Gerald J. Kazma and John Forbes agree tc� execute an agreement in form and substance satisfactory to the �'lass A Limited Partners to effectuate the provisions of this Se�:tion 7.4C. D. Any sale, exchange or other transfer in any of :he provisions of this Section 7.2 shall be ineffec:ual and shall not bind or be recognized by Partner >hip. 7.! Substitute Limited Partners. contravention of void and the A. No Class B Limited Partner shall have the right to substitite an assignee as a Limited Partner in his or its place. Subject to the provisions of Sections 7.1 and 7.2 hereof, the General Partner shall, however, have the right to permit such assigne� to become a Substitute Limited Partner, which permission may be aithheld in the sole discretion of the General P�rtner and any sucl permission or withholding of permission by the General Partner shall be binding and conclusive. Notwithstanding the foregoizg, each of the Class A Limited Partners and the Special Limited Partner shall have the right to substitute an assignee as a Class A Limited Partner or a Special Limited Partner, as the case ma,r be, in its place. Any assignee who is to become a Substitite Limited Partner shall, as a condition of receiving any interes� in the Partnership, agree in writing to be bound by the provisi�ns of this Agreement and shall execute such instruments as the Genaral Partner may reasonably require to effect the substitltion of the assignee as a Limited Partner. B. Subject to the provisions of Section 7.1 and Section 7.2 hereof, in the event any assignment of the interest of a Limited Partiner shall be made, there shall be filed with the Partnership a duly executed and acknowledged counterpart of the instrument making such assignment, which instrument shall evidence the written acceptance by the assignee of all the terms and provisions of this Agreement and shall represent that such assignment was made ir. accordance with all applicable laws and regulations; and if sucr an instrument is not so filed, the Partnership need not recognize any such assignment for any purpose. C. An assignee of the interest of a Limited Partner who does nct become a Substitute Limited Partner as aforesaid, and who desire: to make a further assignment of his or its interest, shall -30- be suhject to all extent and in the make an assignment the provisions of same manner as any of his interest. 1 5 K K this Article Seven to the same Limited Partner desiring to D. An assignee of a Limited Partner who does not become a Substitute Limited Partner as aforesaid shall only have the right to rec�ive the Distributions of the Partnership to whi�h the assigning Limited Partner would have beat� entitled if no such assignnent had been made by such Limited Partner. An assignee who does n�t become a Substitute Limited Partner shall have no right to reqiire any information from the Partnership or to require any accoun=ing of Partnership transactions or to inspect the Partne:ship transactions or to inspect the Partnership books. E. IE a Limited Partner dies, his executor, administrator or tru�tee, or, if he is adjudicated incompetent, his guardian, or iF a t-ustee or receiver is appointed by a bankruptcy court with respec: to a Limited Partner, such trustee or receiver, shall have all th� rights of a Limited Partner for the purpose of settling or managiig his or its estate and such power as the Limited Partner possesaed to assign all or any part of his or its interest in the Partne�ship and to join with any assignee of his or its interest in sat.sfying conditions precedent to such assignee becoming a Substi:ute Limited Partner. The death of a Limited Partner shall not di>solve the Partnership. 7 4 Allocation Upon Sale To Third Partv. In the event of the sa.e of all or substantially all of the assets of the Partne•ship or of the interests of the Class A Limited Partners and th�� Class H Limited Partners and the 5pecial Limited Partner to a tl�ird party, the Class A Limited Partners shal.l determine the alloca�,ion of the purchase price among the assets of the Partne:ship, with such determination to be made by 66-2/3$ in intere:t of the Class A Limited Partners, and to be binding upon all Pa� tners. ARTICLE EIGHT Profits and Losses: Distributions 8,1 Profits and Losses A, All Profits, Losses and credits, and each item thereof, other than Profits and Losses arising from a Major Capital Event, shall ke allocated one percent (1�) to the General Partner, and ninety-nine percent {99$) to the Limited Partners. B, (1) All ProFits, and each item thereof, arising from a Major Capital Event shall be credited to the Capital Accounts of the Paitners (after crediting or charging thereto the appropriate portior of all Profits or Losses of the Partnership for the current year in accordance with Section 8.1A and aEter distrituting all amounts to be distributed for such year pursuant to Section 8.2) in the following order of priorityz -31- 15LL (�) If the Capital Account of any Partner shall have a negati�e balance, Profits shall first be credited to the Capital Accounts of all Partners having negative balances in proportion to and to the extent of such negative balances; � (t) Profits shall next be credited to the Capital Accounts of eacY Limited Partner to the extent necessary to make the balance thereof equal to the amount of the Limited Partner's Capita] Contributions lus the amount of any unpaid Minimum Distritutions allocable to the Limited Partner less all prior distritutions to the Limited Partner of Extraordinary Cash Flow and Excess Cash Flow (to the extent not used to pay Minimum Distritutions); (c) Profits shall next be credited to the Capital Account of the Gereral Partner to the extent necessary to make the balance thereof equal to its Capital Contribution p,lus the aggregate amount of any unpaid Minimum Distributions allocable to the General Partner less all prior distributions of Extraordinary Cash Flow and Excess Cash Flow to the General Partner (to the extent not used to pay Minimum Distributions); (d) The balance of any Profits, in accordance with the Sharing Percentages of the Partners at that time in effect. (2) All Losses, and each item thereoP, arising Erqm Major Capital Events shall be charged to the Capital Accounts of the Partner� (after crediting or charging thereto the appropriate portion oP all Profits or Losses of the Partnership for the current year in accordance with the Section 8.1A and after distriblting all amounts to be distributed for such year pursuant to Section 8.2) in the Following order oE priority: (a) If the Capital Account of any Partner shall have a positiva balance, Losses shall first be charged to the Capital Account� of all Partners having positive balances in proportion to and to =he extent of such positive balances; (b► The balance of any Losses shall be charged 99� to the Capital Accounts of the Limited Partners and 1� to the Capital Account oF the General Partner. C. Notwithstanding the foregoing provisions of this Section 8.1, in no event shall the General Partner be allocated less than an aggr�gate of one percent (lo) oE all Profits, Losses, and credits 8.! Distributions Prior to Dissolution A. Subject to the applicable requirements and limitations contain,�d in the documents respecting the Secured Debt, all Distrib��table Cash Flow of the Partnership for each Fiscal year shall b�► distributed at reasonable intervals during the fiscal -32- 1 5 M M year ald in any event shall be distributed within sixty (60) days follow:ng the close of such year. Such distributions of Distri>utable Cash Flow shall be made as follows: (i) First, to the Limited Partners, an amount equal to the Minimum Distribution for the fiscal year (or portion) plus cumulative unpaid Minimum Distributions, if any, allocable to each Limited Partner in the sarrte proportion which the aggregate amount of such Minimum Distribution and cumulative unpaid Minimum Distributions allocable to it or him bears to the total amount of such Minimum Distribution and cumulative unpaid Minimum Distributions. (ii) Second, to the General Partner, an amount equal to the sum of the Minimum Distribution for the fiscal year (or portion) plus cumulative unpaid Minimum Distributions allocable to the General Partner, if any. (iii) Third, the balance, if any, in accordance with the Sharing Percentages of the Partners at that time in eFEect. B Prior to dissolution, Extraordinary Cash Flow shall be distril�uted as follows: ' (i) First, to the Limited Partners in an amount equal to the excess, if any, of the aggregate Capital Contributions of the Limited Partners plus the Limited Partners' Obligatory or Voluntary Loans pursuant to Sections 4.1 or 4.2 of their Agreement plus any unpaid Minimum Distributions allocable to the Limited Partners, over the sum of all prior Distributions of Net Extraordinary Cash Flow and Excess Cash Flow to the Limited Partners (to the extent not used to pay Minimum Distributions). (ii) Second, to the General Partner in an amount equal to the excess, iE any, of its Capital Contributions plus the outstanding balance of the General Partner's Obligatory or Voluntary Loans to the Partnership pursuant to Sections 4.1 or 4.2 of this Agreement, plus any unpaid Minimum Distributions allocable to the General Partner, over the sum of all prior distributions of Extraordinary Cash Flow and Excess Cash Distributions to the General Partner (to the extent not used to pay Minimum Distributions). (iii) Third, the balance, if any, in accordance with the Sharing Percentages of the Partners at that time in effect. -33- 1 5 N N E.3 Distributions Upon Dissolution F. Upon dissolution of tihe Partnership as a result of the occurience of any of the events set forth in Section 2.4 or 5.4C, or foz any other reason, a Person who shall be designated by the General Partner (or, if the General Partner sha12 then be subject to renoval pursuant to Section 6.1, ab�v�, by the Class A Limited Partners), such Person or Persons being herein cailed the "Liquidator", shall proceed to liquidate the Partnership. The Liquidator shall sell and convert to cash (or transfer in satisfaction of Partnership debts) such of the Partnership's assets as it deems appropriate under the circumstances; provided, however, that with the consent of a majority in interest of the Class A Limited Partners, the Liquidator may, but shall not be required to, sell some or all oE the assets of the Partnership in return for obligations of the purchaser. Any assets to be distributed pursuant to Section 8.3 (or Section 8.2) that are not converted to cash, including without limitation, any notes receiv�ble, held by the Partnership, shall be valued at their then fair msrket value and an amount of deemed Profit or Loss shall be allocated to the Capital Account of each Partner as if such assets were s�ld for such fair market value. The cash and such assets shall �e applied and distributed in the following order of priority: (i) First, to the payment of debts and liabilities of the Partnership (other than any loans or advances that may have been made by any of the Partners to the Partnership) and expenses of liquidation. (ii) Second, to fund reserves for contingent liabilities of the Partnership to the extent deemed necessary by the General Partner or Liquidator (any balance remaining after such period as may be reasonable in the circumstances to be distributed as hereinafter in this Section provided). (iii) Third, 5$ of the balance to the Special Limited Partner. (iv) Fourth, to the Limited Partners in an amount equal to the positive balances in their Capital Accounts, if any, provided that if distributable funds are insufficient to pay all such amounts then each Limited Partner shall receive a distribution hereunder in the same proportion which such Limited Partner's positive balance bears to the aggregate of all such positive balances, plus the outstanding balance, if any, of any Limited Partner's loans to the Partnership pursuant to Sections 4.1 or 4.2, provided that if distributable funds are insufficient to pay all such amounts, then each Limited Partner shall -34- 1500 receive a distribution hereunder in the same proportion which the Partnership's indebtedness to the Limited Partner bears to the aggregate of all such indebtedness to Limited Partners. (v) Fifth, to the General Partner in an amount equal to the positive balance in its Capital Account, if any, plus the outstanding balance, if any, of any General Partner's loans to the Partnership pursuant to Sections 4.1 or 4.2. (vi) Sixth, the balance, if any, pro rata to the Partners' Sharing Percentages at that time in effect. U�,less the Partners otherwise agree, any cash and other assets distributable to the Partners shall be distributed as nearly as is reasonably practicable pro rata to the aggregate amount of cash and Pair market value of assets distributable hereuncer to each of them. The tax basis of any assets distrituted pursuant to Section 8.3 (or Section 8.2) shall be allocated among the Partners as nearly as is reasonably practicable and permitted by the Code so that the amount of gain that w<uld be realized by each Partner on an immediate disposition of suct distributed assets (without regard to the effect, other than urder Section 743 of the Code, of any election under Section 754 of the Code) will equal the amount of deemed Profit'or Loss allocated to his Capital Account with respect to such assets in accord�nce with this paragraph. E�ch Partner shall be furnished with a statement prepared by the accountants for the Partnership, which shall set forth the assets and liabilities of the Partnership as of the date of complete liquidation along with such other information related to such liquidation as may be reasonably necessary or useful in the preparation of the Federal, state and local income tax returns of the Paitners. 8.4 Sharing of Class Allocations. All allocations which are to be made to the Limited Partners pursuar.t to this Article Eight shall be made to them as a class and, except as otherwise specified in the case of the application of distributions to loans made by them, shall be allocated among the Lirrited Partners of such class pro rata based on the ratios which the Capital Contribution of each Partner of such class bears to the �apital Contributions of all Limited Partners. 8.5 General Partner's Interest. Notwithstanding anything to the contrary in this Article Eight, the General Partner shall be allocated 1� of the Profits, Losses, credits and Distributions of the Partnership for each fiscal year thereof, and, upon liquidation of the Partnership shall contribute to the Partnership as an a3ditional Capital Contribution the lesser of (a) the excess -35- 1 5 P P of 1.01$ of the Capital Contribution of the Limited Partners to the Partnership, over the General Partner's Capital Contribution of the Partnership, and (b) its Negative Capital Account Balance immedi3tely before such additional Contribution. 8.6 Computations. A. All computations in connection with Article Eight shall be mad� and determined in a manner consistent with the methods of accoun=ing and other accounting principles used, and the elections made, �y the Partnership for Federal income tax purposes. H. Where a Distribution is to be made to a Partner pursuant to Sec:ion 8.2 (but not Section 8.3) in respect of a fiscal period or Maj�r Capital Event, for the purposes of Section 8.1 the Capita. Account o€ such Partner shall be charged with such Distri�ution and such amount shall be deemed distributed prior to the al.ocation of any ProFit or Loss to such Partner from such fiscal period or Major Capital Event. Profits, Losses and Distri�utions other than Erom a Major Capital Event shall be alloca:ed to the Partners before the allocation of profits, Losses and Di�tributions from a Major Capital Event. 8 7 Recapture Amount. N��twithstanding anything to the contrary in this Article Eight, any Recapture Amount arising from the sale of an'asset by the Pa•tnership shall be allocated among the Partners pro rata to and to the extent of the depreciation deductions in respect of such a::set claimed by the Partnership (including, without limita�,ion, amounts treated as depreciation deductions arising from ii�vestments tax credits so claimed) that were previously alloca+ed to the Capital Accounts of such Partners or their predec��ssors-in-interest for the fiscal year in which such asset was fi�st placed in service by the Partnership. Any remaining Recaptire Amount shall be allocated among the Partners in accord�nce with the preceding sentence, substituting for the fiscal year in which such asset was first placed in service by the Partne�ship each subsequent fiscal year until such Recapture Amount is fully allocated among the Partners. 8,8 Reauired Prepayments of Floating Rate Debt. For any fiscal period in which the interest rate with respect to the Floatirg Rate Debt is in excess of 10.25$ per annum, the excess of Excess Cash Flow for such period over Minimum Distributions required to be paid in such period shall be paid to the Bank in prepaynent of the principal amount of indebtedness with respect to the Flcating Rate Debt. 8.9 Investment Tax Credit. Each Partner's share of the basis cf Section 38 property (as sueh term is defined in the Code) shall te determined in accordance with the manner in which the Partneis actually share Profits (if there are any) in the year in which �uch property is placed in service. If there are no Profits -36- 1 5 Q Q in a y�ar in which Section 38 property is placed in service by the Partne�ship, all of the basis of such property shall be allocated to thoae Partners who would receive an allocation of the first Profit� received by the Partnership. ARTICLE NINE Books and Records, Accountinq, Tax Elections. Etc. 9.1 Books and Records. Tie books and records of the Partnership shall be kept on the accrua. basis of accounting, and shall be maintained at the princi>al office of the Partnership and shall be available for examin,►tion and copying by any Partner or his duly authorized repres��ntatives at any and all reasonable times at the principal office of the Partnership. 9 2 Bank Accounts. T1►e bank accounts of the Partnership shall be maintained in such b��nking institutions as the General Partner shall determine, and wi.hdrawals shall be made only in the course of Partnership busine:;s on such signature or signatures as may be determined by the Gei�eral Partners. 9 3 Accountants. Tl�e accountants for the Partnership shall be such firm of certif:ed public accountants as shall be engaged by the General Partne� with the prior written consent of the Class A and Class B Limitec, Partners. The accountants shall prepare for execution by the Geteral Partner all tax returns of the Partnership and shall audit �nd certify all financial statements to the Partners in accord�nce with the methods of accounting used by the Partnership for Feceral income tax purposes. 9,4 Reports to Limited Partners. A, Prior to December 1 of each year the General Partner shall :end to each Limited Partner an estimate of the Profits, Losses, and credits of the Partnership allocable to each Partner for th�t year. The General Partner shall incur no liability with respect to such estimates. B. Within 90 days after the expiration of each fiscal year, the General Partner shall deliver to all who were Limited Partneis at any time during such fiscal year financial statements as at the end of and for such year (including balance sheet, result: of operations, and statement of Partners' capital), for the Paitnership prepared in accordance with the methods of accounting used by the Partnership for Federal income tax purposes. Such financial statements shall be accompanied by a report of the Partnership's accountants covering the results of -37- its au iit necess iry and st �te � A� of such financial statements, and by all information for the preparation of each Limited Partner's Federal income tax returns. Elections. The Partnership shall, for Federal income tax purposes, elect ;o treat as items of expense all items which may properly be so tre,ited, and shall elect to use the most accelerated methods of cost r�rcovexy permitted with respect to depreciable assets of the Partne�ship, under the Code and the regulations thereunder. All other ��lections required or permitted to be made by the Partne•ship under the Code shall be made by the General Partner with tl�e advice of the accountants for the Partnership so as to be most a�lvantageous to the Limited Partners. 1 5 R R B The General Partner shall not be responsible for initia�ing any change in elections or accounting methods from those :nitially chosen. Further, the General Partner shall not incur �ny liability for any election which is made pursuant to this SE ction 9.5. C In accordance with Section 1017 of the Code, each Partne� hereby elects to reduce the tax basis of his Partnership intere:t and the Partnership hereby elects to reduce the tax basis of suct Partner's proportionate interest in the depreci�ble property (as such term is defined in Section 1017(b)(3)(B) of the Code) cf the Partnership in respect of any discharqe of indebtEdness income realized by the Partnershi in an fiscal year. year. P Y 9.6 Fiscal Year. Tt-e fiscal year of the Partnership shall be the calendar 9.7 Tax Matters Partner. Tre General Partner shall be the Tax Matters Partner of the Partnership within the meaning oF Section 6231(a)(7) of the Code. The prcvisions of Section 5.5 shall apply to all actions taken on behalf �f the Partners by the Tax Matters Partner. The Tax Matters Partner shall have the right and obligation to take all actions authorized and required, respectively, by the Code for the Tax Matters Partner. The Tax Matters Partner shall have the right to retain proFessional assistance in respect of any audit of the Partner�hip by the Internal Revenue Service and all expenses and fees so incurred on behalf of the Partnership shall constitute Partnerahip expenses. In the event the Tax Matters Partner receive� notice of a final Partnership adjustment under Section 6223(a) of the Code, the Tax Matters Partner shall either (i) file a court petition for judicial review of such final adjustment within =he period provided under Section 6226(a) of the Code, a copy oE which petition shall be mailed to all Limited Partners on -38- 15SS the dat� such petition is filed, or (ii) give written Notice to all Par�ners within such period that describes the Tax Matters Partner's reasons for determining not to file such petition. ARTICLE TEiei General Provisions 10 1 Appointment of General Partner as Attorney in Fact. A. Each Limited Partner hereby irrevocably constitutes and appoint; the General Partner, and the President, Treasurer or any Vice Pr��sident of the General Partner, his or its true and lawful attorne:�-in-Fact, and each principal officer thereof, with full power a;►d authority in his name, place and stead, to execute, acknowl��dge, swear to, file and record at the appropriate public offices any of the following: (i) the Certificate oE Limited Partnership, and any Amendment to the certificate of Limited Partnership, for the Partnership pursuant to the State Uniform Limited Partnership Law; (ii) any certificate or other instrument which may be required to be filed by the Partnership under the laws of the United States or the State; (iii) any amendment or modification of any certificate or other instrument referred to in clauses (i) or (ii) of this Section lO.lA, including such amendments as are necessary to admit a Substitute Limited Partner to the Partnership; and (iv) any agreement, bill of sale, assignment or other instrument or document contemplated by Section 4.4 or 6.4E, above. B. The said appointment of the General Partner as attorne5-in-fact shall be deemed to be a power coupled with an interest in recognition of the Fact that each of the Partners under tris Agreement will be relying upon the power of the General Partner to act as contemplated by this Agreement on behalf of the Partner�hip. The foregoing power oE attorney shall survive the death or incompetency of a Limited Partner or the assignment by a Limited Partner of the whole or any part of his interest hereunder. C. If at any time the General Partner shall fail or refuse to take an action on behalF of a Limited Partner authorized to be taken hereunder, the Class A Limited Partners, after thirty (30) days' written notice to the General Partner (and the General Partner's continued failure or refusal to take such action), may (but shall not be required to) take such action as if it were the General Partner for purposes of this Section 10.1. -39- 1 5 T T .0.2 Word MeaninQ�. Words such as "herein", "hereinafter", "here��f", and "hereunder" refer to this Agreement as a whole and not m�rrely to a subdivision in which such words appear unless the conte::t otherwise requires. The singular shall include the plural and tl�e masculine gender shall include the feminine and neuter, and vi ce versa, unless the context otherwise requires. :0.3 Bindinq Provi.sions "his Agreement shall be binding upon, and shall inure to the benef:t of, the heirs, executors, administrators, successors and assigcs of the respective parties hereto. :0.4 Applicable Law 7his Agreement shall be construed and enforced in accordance with the laws of the State. 70.5 Counterparts. 7his Agreement may be executed in several counterparts, all of which toqether shall constitute one agreement binding on all partiES hereto, notwithstanding that all the parties have not signec the same counterpart, except that no counterpart shall be bindirg unless signed by the General Partner. 10.6 Entire A reement. `Ihis Agreement contains the entire agreement between the parties and supersedes all prior writings or understandings. 10.7 Separability of Provisions. Esch provision oE this Agreement shall be considered separa�le and if for any reason any provision or provisions herein are determined to be invalid, illegal, or unenforceable, such invali3ity, illegality, or unenforceability shall not impair the operation of or affect any other provision oE this Agreement. 1].8 Waiver. N� provisions oF this Agreement may be waived except by an instrunent in writing signed by the party sought to be bound. No failur� or delay by any party in exercising any right or remedy hereun3er shall operate as a waiver thereof, and a waiver of a particilar right or remedy on one occasion shall not be deemed a waiver of any other right or remedy or a waiver on any subsequent occas i �n . 1 ) . 9 Capt ions . Tie captions herein are for descriptive purposes only and shall iot modify or affect the meaning or interpretation of this Agreem �nt. -40- 1 5 U U 1).10 Amendments. A. This Agreement may be amended by a writing signed by the General Partners and by at least 66-2/3� in interest of the Class A Limi:ed Partners and at least 66-2/3$ in interest of the Class B Limitei Partners; provided, that no amendment shall change the provisions of Section 8.4 hereof as to any class of Limited Partne� or as to allocations among the Limited Partners oP such class, except as provided in Section 10.108 below increase the obliga=ion of the Limited Partners of any class to make Capital Contri�utions or loans to the Partnership or otherwise impose any additi�nal financial obligation on such Limited Partners, or modify the limited liability of the Limited Partners oF any class, unless all Limited Partners of such class are parties to such amendm �nt . B, Notwithstanding the provisions of Section 10.10A above, the Gezeral Partner and at least 66-2/3$ in interest of the Limite3 Partners of a particular class may amend this Agreement to increa�e the Capital Contributions of the Partners of such class, as lon� as (i) such increased Capital Contributions are to be contri�uted only by those Partners of such class who agree to do so, ani (ii) each Partner of such class is given the opportunity to con:ribute a pro rata portion of such increased Capital Contri�ution based on the ratio of his then Capital Contribution to the then Capital Contributions of all Partners of such class. �� cnITNESS the execution hereof as of the day of , 1986, by the General Partner and by the Class A Limited Partners and Class B Limited Partners and Special Limited Partner. General Partners: NORTEL CABLE CORPORATION By: Title: Class A Limited Partner UNION '.KUTUAL STOCK LIFE INSURANCE CO. OF AMERICA By: Title: With respect to Section 5.3 and 5ection 7.4C: Gerald J. Kazma John F�rbes -42- C3ass H Limited Partners: AMZAK CORP. By: Title: COUNTRYSIDE CABLE, INC. By: Title: FORBES CO. By: Title: u 1 5 V V 1 1 5 W W MANAGEMENT CONTRACT This Management Contract, made and entered fnto as of el e/'�[r day of �/� , 1986, by and between Nortel Cable f Ccrporation (NCC), a Minnesota Corporation, and Nortei Cahle Associates, Limited Partnership. W I T N E S S E T H WHEREAS, NCC is engaged in the business of performing en;ineering, managerial, accounting and administrative services to conpanies which are engaged in the business of owning, constructing ani operating community antenna television (CATV) systems; and WHEREAS, it is intended that NCC will perform for Customer, Maiagerial services as well as Accounting, Administrative and Engineering se�vices, thus centralizing the record-keeping and other managerial fu�ctions of CATV companies; NOW THEREFORE, for and in consideration of the foregoing and m��ual covenants as herein set forth, the parties do hereby agree as fo� lows: . �� f�x �. SERVICES TO BE RENDERED Pursuant to the terms of this agreement, NCC will perform En ;ineering, Accounting, �?.!...:.. ;.. � rative and Managerial services, pu•chasing, design and construction of the cable television system for an�', on behalf of the Customer, including, bu[ not limited to, the y fo lowing: a) Accounting and bookkeeping services; b) Preparation of periodic reports and related administration work; c) Preparation of annual financial statements; d) Maintenance of records of ineeting of the Board�of Directors of Customer; e) Establishment and maintenance of all other corporate and accounting records; f) NCC will not perform, but will make available, the accounting services of independent accountants when necessary and will make available appropriate legal services when required; g) Assist Customer in connection with any problems concerning its CATV franchise or franchises, pole line agreements or other matters wherein the expertise of management for NCC in CATV matters may be deemed helpful [o Customer; h) Assist Customer in all matters involving the Federal Governmental body with which Customer is concerned; i) NCC will administer and supervise the planning, design and construction of the CATV system along with extensions and rebuilds; j) NCC will assist Customer in locating any and all materials pertinent to the operation of the cable television system, e.g. coaxial cable, head-end equipment, amplifiers, etc.; and ii. 1 5 Y Y PAYMENT FOR SERVICES For the services performed.(as stated in Section 1), the Cu,tomer hereby agrees to pay an annual management fee to NCC equal to Five percent (5%) of the annual gross revenues of Customer. Customer a1;o agrees to reimburse NCC for out-of-pocket expenses and reasonable tr,.vel costs relating to CUSTOMER's cable television system. IN WITNESS WHEREOF, we have set our hands as of the date fi st mentioned above. NORTEL CABLE CORPORATION �' i NORTEL CABLE ASSOCIATES, LIMITED PARTNERSHIP / , �� i�' � • 15ZZ �R ��'( i2000 B�SCAY►�E BOULEVARD, M1.►M1, FLORIOA 33�81-2710 •(305) 899-�000 1 a � a � CJ�1Nl'\ICA71� �S•INC JACOU£LIN E C. EGAN MAILING wDDpE55: ATTO� NEr (305) 75 i•3787 April 30, 1986 Federal Ex� �ress J. Douglas �ollow, III, Esq. Ballard, Sp: ,hr, Andre��s �C Ingersoll 30 South 1 i th Street, 20th Floor Philadelphi ►, PA 19103 Dear noug: P.O. BOX 6�-e000 MIAM1� iL 33261-8000 This letter shall serve to emend the Asset Sales A�reement executed between Amzak Corporatio i("IIu��er") and Northern Cablevision, Inc., General Television of Minnesota, Inc. and First "elevision, Inc., ("Sellers"), dated February 15, 1986, (the "Agreement") in t�o respects. First, as tc the Purchase Price: In the event that the subscriber count in either cete�ory, as defined in paregraph 7(g) of the Agreement, shall exceed Twenty-Three Thousand Five Fiundred (23,�00) Seller shall be required to pay One Hundred Forty-TN�o Dollars (3142.00) for each s� bscriber over that number. Any such additional amount shall be added as an "adjustmen :" to the Purchase Price to be made at Closin�, end shall be paid to the same place and i t the same time as the base Purchase Price (in accordance with paragraph 3 of the Agreen ent). Second, as to the date of Termination: The tifay 1, 1986 date which is referred to throughout the Agreement as the date by which the proposed transaction must close, shall be extende i by ninety (90) days. Therefore, everywhere in the Agreement that the .'tley 1, 1986 Closi ig Date is referenced, it shall be hereinafter deemed to read July 30, 198�. Corresponc inRly, the `.�ay 1�, 1986 expiry date on the Letter of Credit issued in favor of Sellers by t he Maryland National Bank shall be extended to Au�ust 12, 1986. In order to ciernonstrate acceptance of the terms of this amendment, please have an officer of the corp �ration sign below. Sinc rely, a u ' e Egan JE:bt AMZAK C( �RPORATION - ;�' � �. , ; r ,.i�`__ B��: ...i . " /. RICE ;REEK WATERSHED DISTRICT SUITE 177, ARDEN PLAZA 3585 :�ORTH LEXINGTON AVENUE ARDEN HILLS, MINNESOTA 55�12b . '� �I► A�_ CSMP No . 86CO2 oc: City of Fridley E.A. Hidcok & AssoCiates 1�hD File COMPREHENSIVE STORMWATER MANAGEMENT PLAN APPROVAL CSI� t'o . 86CO2 Louis R. I�ndgre�,Manaqinq Geneial Pa,rtrer I s; ued to : Fridley Plaza Associ.ates, 1140 Mimzesota Building, St. Paul, NN 55101 Lo c a t ion : Southwest cluacirant of the int�ersection of Mississippi Street an3 University P.venue. E�Yidley. PuY pose : Appr�val of a Gbrtprehensive St�o�r►water Management Plan far a pha.sed multi-fami.ly residenti.al clevelaprent referr�ed to as Fridley Plaza Ap�artments, 5+ acres. At the Lr meeting on t�lay 14, 1986 the BoBrd of Manager8 of the Rice C�eek Watershed D strict reviewe your Comprehenaive Stormwater Manageoent Plan and the recoQmnendation of the District Engineer together with tie following exhibits: 1. Pen ut application dated Februazy 14, 1986. 2. Let :er frcm B.ill Blodc. Melchext-Block Associates, Inc.. t�o E.A. Hickoic & As�oc- iat� �s dated F3ebYVazy 17, 1986. 3. Sta m sewer and rur�off calculati.ans for Fridley Plaza Apartrnents prepared by Bil:. Blodc, Melcher�Blodc Associates, Inc., tmdated and �eived April 29, 1986. 4. Exi: ;ting drainage area plan for Fridley Pl.aza Apa�rt�erits PrePaz�d bl' :°lelchert Bla �C Associates. Inc., datsd January 13, 1986. 5. Sit�� Plan for Fridley Plaza Apartm�nts Prepared by Melchert-Block Associ.ates,Inc., ur� ,ted ar�d z�e�eived May 12. 1986. OQai'II�[JID QV � They fcund the Plan to be in accordance with the Rules and Guidelines of the District and therefore aporoved the Comprehenaive Stormwater Managenent Plan as requested, with the following stipulationa: separatE p�etmit approval will be r�eyuirea far eac� site witnin the c� as they aev�eloQ. . Date of Issue : Mav 15, 1986 � • � res ent oar o n ger Andrew J. �*�� *?a� , Sr. T H I S Z S N 0 T A Y E R M I T Form L9-81, Revised 9/82 158BB �T7 s: («�r►tinuea) 6. Stc rnn sewer arrd storag�e paxi detail drawing for FYi,ciley Plaza Apartme.nts prepared by f�e.lchert Blocic Associates, Inc. , tmdated ar�d received April 29, 1986. 7. H�] d hazmless ag�nent for Fridley Plaza Asso�i,a�ees signed by L�uis 7aa�dgren. dat ed Fehrvary 26, 1986. 8. Let ter's from Bill Blodc tt> John PanusJta, E.A. Hick�o�C 5 As�ociates, dabed Maz :,h 31 ar�d May 9, 1986, respectively. 9. A�x f drain detail far Fridley Plaza Apartments prepared bY the Ixa�d9rer► Associates, Ir�c ., tmdat�ed and Y+eoeived May 12, 1986. .� �' � � � L-__./ FOR CONCURRENCE BY THE CITY COUNCIL June 2, 1986 CLAIMS 8162 - 8357 -- CLAIMS � �� , FOR CONCURRENCE BY THE CITY COUNCIL �— LICENSES � 7 � June 2. 1! Type of I icense: ITIPJERAfV� FOOD PERMIT �Fridley �merican Legion '6010 - 71h St. N.E. Fridley,Pn. 55432 Fridley �9er Days P.O.Box i85 St.Cloud, MN. 56302 REFUSE H�ULER Waste Mar�gement Blaine 10050 Naples St. N.E. Blaine, NV.55434 TAXICAB Blue & White Cab Co. 1304 - E. Lk.St. Mpls. P1n. 55407 Town Taxi 2812 Univ�rsity Ave.S.E. �1p1s.P1n. i5414 : Uirgil F. Haugen Shirley L. Forcier Ronald Pfeifer Bill Thurmer Steve Nelson Approved By: James P. Hill �� Fees: Asking Fees to be waived �30.00 �180. $50.00 �50.00 ' FOR CONCURRENCE BY THE CITY COUNCIL � June 2, 1986 9m.th, Juster, Feikema Malm�n � Haskvitz 64I �l thiversity Ave. N. E. Fr:.dley, I�N 55432 -- ESTIMATES � $ Fbr Servioes Rendered as City Prosecutor Fbr the month of F�ebruaLy, 1986 ....... $ S,i12.50 For the month of March, 1986 ........ 6,325.00 For the month af April, 1986. ........ 6,577.50 G�u derson Brothers 23 : 5 SY�el l ing Ave. , S. Mir neapol i.s, MV 55404 kbr Misc. O�ncrete C�rb, C�tter � Sidewalk Proj ect Partial Esti.mate No. l . . . . . . . . . . . 3,572.00 H a s Asphalt 70C Industry Anc ka, 1�N 55303 Fbr Street Improvenent Project St. 1986 - 1& 2 Partial Fstimate No. 1 . . . . . . . . . . . 82,981.31 i 176-1 'or legal services rendered as Prosecutor for the City of Fridley luring February, 1986. Iepresentation of City of Fridley in Court in Anoka on 2-11-85, �-12-86, 2-18-86, 2-25-86, and 2-26-86 for 48 jury trial conferences; �nd in Columbia Heights on 2-13-86, 2-10-86 and 2-27-86 for 45 court rials. 76.75 hours. I'reparation of 22 misdemeanor formal compiaints and 7 gross misdemeanor �riminal complaints and �niscellaneous office and phone conferences with �olice and citizens. 34.50 hours. 'OTAL TIME (111.25 hours) iFebruary, 1986 Retainer) �1,650.00 E1,650.00 �ime in Excess of Retainer �81.25 hours) 4,062.50 55,712.50 `76-1 �or legal services rendered as Prosecutor for the City of Fridley �!uring March, 1986. fepresentation of City of Fridley in Court in Anoka on 3-04-86, :-11-86, 3-12-86, 3-17-86, 3-18-86, 3-25-86 and 3-26-86 for 166 pre- ,ury trial conferences and Bessesen jury trial; and in Columbia Heights cn 3-13-86 and 3-27-86 for 31 court trials. 107.75 hours. Ereparation of 19 misdemeanor formal complaints and 9 gross misdemeanor criminal complaints and miscellaneous office and phone conferences with Eolice and citizens. 15.75 hours. IOTAL TIME (123.50 hours) (March, 1986 Retainer) lime in Excess of Retainer (93.50 hours) �; 6-1 E1,650.00 4,675.00 51,650.00 E6,325.00 Fcr legal services rendered as Prosecutor for the City of Fridley d�ring April, 1986. REpresentation of City of Fridley in Court in Anoka on 4-01-86, 4-08-86, 4-09-86, 4-15-86, 4-22-86, and 4-23-86 for 53 jury trials and 2 pre-jury trial conferences; and in Columbia Heights on 4-10-86, 4-17-86 and 4-24-86 for 42 court trial5. 108.75 hours. Pr�paration of 12 misdemeanor formal complaints and 4 gross misdemeanor criminal complaints and miscellaneous office and phone conferences with pclice and citizens. 18.50 hours. TOfAL TIME (127,25 hours) (A�ril, 1986 Retainer) Tine in Excess of Reiainer (91.25 hours) Oi�bursements E1,650.00 4,862.50 65.00 51,650.00 56,512.50 36,577.50 1 8 A �, � RF50�,itPION I�U. - 1986 A RE50I,UTION �NiFIRMIl� ASSESSMENT FOR THE MAR-LEN PLAT F�UR STREET PRA7DCT ST 1986-1�-,� W�R]AS, Mar-Len Develognent Corporation entered into an agreement with the City of Fridley for certain improv�ents, and WHERiAS, Mar-Len Development has requested that all assessments for these imprcvenents be placed against Lot 3, Block l, Mar-Len Addition, per the atta< hed assessment agre�nerit, and WF�RE AS, Mar-Len Developnent Corporation/AAIIt Freight S�stens, Inc. have waived any iight to notice and public hearing, NOW, THEREFORE BE IT RESOLVED, that said assessment per the attached asses �nent agreement so affirmed, adopted and oonfirmed, shall be certified to by t2e City Clerk and filed in her office and shall thereupon be and oonstitute the special assessments for SrREET I�NT PROl7ECT ST. 1986-1f e1- (81ST AVII�fJE, MAIN STRE�T Zt� HICRORY SrREET) BE IT FU1�iER RFSOLVED, the amo�ts assessed agai.nst each of the lots per the asses �nent agre�enent shall bear interest fro�► the date hereto until the same have :�een paid at the rate of nine (9$) peroent per annun. BE IZ FURTHER RESOLVED, such assessments shall be payable in 3 annual insta:.lments, payable on the first day of January of each year, beginning in 1986, and oontinuing until a11 of said installments shall have been paid, each inGta: lment to be collected with taxes collectible durinq said year by the Count� Auditor. BE IT �JKt'HER RF.50LVED, the City C1erk is hereby directed to make up and f ile in thE offioe of the County Auditor of Anoka County a certif ied statement of the anount of all such unpaid asessments and the amount which will be due therecn on the first day of January in each year. PASSEI AI�ID ADOFTID BY THE QTY QOUNCIL OF THE QTY OF FRI3g�EY THIS DAY OE , 1986. .�� S�iIRLE ' A. HAAPALA - QTY CZERR 7/0/2/' � WILLIAM J. 1�E - MAYOR /9 /9 f.��„�� . ; �+�„i��r Zriis Agreeaent is entered into this 29th day of May 1986, by and betw:en the City of Fridley, a Minnesota oorporation, ("City"), Mar-Len CorF�ration, a Minnesota corporation, ("Mar-Len"), and ANR Freight S�ist �s, Inc. , a Minnesota oorporation► ("ANR") . as follaws: wHIIZEAS, a Develognent Agreenent was entered into between the City and 9ar-Len on October 8, 1985 which Developaent Agreement prwided fot the �ayment of $100,000.00 for the upgrading of roads and for the p�ayn wnt of up to $135,000.00 for a storm sewer system which Agreement aove:ed the follawing described property to wit: Lots 1, 2, and 3, Block 1, Mar-Len Addition, O�unty of Anoka, WHEREAS, it is the desire of the parties that the sums be canp.etely assessed against Lot 3, B1ock 1, Mar-Len Addition, and that the �alance of the property not be oavered under this agreenent, It is therefore agreed by and between the garties as follows: l. �at the sum of $235,000.00 shall be assessed against the property described in Exhibit A for upgrading of a ten tan capacity road on 81st Avenue in Fridley f rom Main Street to Hickory Street and for the construction of a storm sewer system under the above mentioned roadway with the terms oontained in Exhibit B. 2. That both Mar-Len and ANR agree pursuant to MSA Section 429.031, subd. 3, that they have petitioned the City for the construction of these impravenents and to assess the entire amounts prwided for in garagraph 1 abave against the property described in Exhibit A. Mar-Len and ANR further agree to waive any right to notice and public hearing on the adoption of the resolution adopting the assessments contained in Exhibits A and B herein. 3. It is agreed by the City that in oonsideration of Mar-Len and ANR entering into this agreement that there will be no assessments against Lot 1 and Lot 2, Block l, Mar-Len Addition, Anoka County, for the work descri.bed in paragraph 1 above. 4. It is agreed between the parties that in all respects the Develo�xnent Agreement entered into between the City and Mar-Len on October 8, 1985 shall remain in full force and effect. ip 5. This agreenent shall be bi�ding upon all of the garties, their heirs and successors in interest. 6. That in the event either Mar-Len or ANR exercises its statutory right to appeal tllese assessnents to the District Court as prwided under Mi.nnesota Statutes Section 429.081, then the pravisions of paragraph 3 shall beoome null and void, QTY OF FRI�EY By : Nasim M. 4ure.shi City Manager ANR FREIGF� SYSl'FMS, INC. BY' � Offioer N��I.IIQ �RPORATIO�J gy; __._ Of f icer r S:'ATE OF MINNESOTA ) )ss. Ct �UNTY OF ANORA ) Tte foregoing instrument was acknowledged before me this day of May, 1986, by Nasim M. Qureshi, City Manager in ard for the City of Fridley, Minnesota, a Minnesota ccrporation, on behalf of said City. Notary Public � )ss. ) Th� foregoing instrument was acknowledged before me this _ day of May, 1986, by , th'- for ANR Freight Systems, In:., a Minnesota corporation, on behalf of the corporation. Notary Public _ � ) ss. __ � The foregoing was acknowledged before me this day of May, 1986, by , the _ of Mar-Len Corporation, a Minnesota coiporation, on behalf of the Corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Herrick & Newman P.A. 6279 University Avenue N.E. Fri3ley, Minnesota 55432 /9 EXHIBIT A Lot 3, Block 1, Mar-Len Addition, County of Anoka, State of Minnesota �9 EBHIBIT B Cos:s associated With the construction of 81st from the Main Street to Hie �ory Street. Cos;s associated With the assessment to ANR Freight Systems, Inc. :ontractual Obligations �uture Mat �uture Median (Red Pavying Brick) ldministration Ass:ssable cost to ANR Freight Systems, Ine./Mar-Len Corp. Ass:ssment allocated to Lot 1, Bloek 1, Mar-Len Addition Ass:ssment alloeated to Lot 2, Bloek 1, Mar�-Len Addition Ass:ssment allocated to Lot 3, Block 1, Mar�Len Addition $234,900.00 26,100.00 25,000.00 7, 625.00 $293r625.00 �235,000.00 $235,000.00 -0- _0_ �235,000.00 DEVELOPMENT AGREEMENT This agreement dated the �� day of October 1985, by and between the City of Fridley, a Minnesota corporation, (here�nafter referred to as the "City") and Mar-Len Develpoment Corpoiation, a Minnesota corporation, (hereinafter referred to as the "Ieveloper") provides as follows: The Developer has indicated to the City an interst in develcping certain property generally located north of 81st Street Northeast, lying between Main Street and Hickory Street, the 1Ega1 description of which is attached as Exhibit A which is made � part of this agreement. The Developer has proposed to develop a 48,000 square foot aarehouse building with attached offices on the Southerly 625 fEet of the above described property. The Developer intends to de�elop the balance of the �roperty at a future time, the specific use of the balance of said property is not known at this t i,��e . The parties acknowledge that because of the nature of the proposed development that it presents concerns to the City that nust be addressed and agreed upon by the parties prior to the ccmmencement of any improvements. Specifically, because of the n�mber of trucks using the facility and the size and weight of said trucks it is necessary for the City to upgrade 81st Avenue Northeast from University Avenue to the subject property to a 10 ton roadway. In addition, there is a pending assessment on the property for an area storm sewer system, and it has been the practice of the City to collect this pending assessment at such tiime as the property with the assessment is developed. Therefore, the parties agree as follows: 1. The Developer will pay the City the sum of One- Hundre3 Thousand Dollars (5100,t300.00), said sum to be used by the City to upgrade ta a 10 ton capacity road, 81st Avenue Northeast from University Avenue to Hickory Avenue. The City shall commence said improvement as soon as practical. 2. The Developer� will pay to ti�e City the penc]ing, but unlevied asssesment on the property for the storm sewer system in an apFroximate amount of One-Hunderd Thirty Five Thousand Dollars (5135,D00.00). 1 3. The amounts due in paragraphs 1 and 2 above shall be paid in three installments with interest on the unpaid balance computed at 9$ per annum. The first installment shall be due upon the i�suance of the certificate of occupancy and an additional insta]lment on the first and second anniversary of the issuance of the certificate of occupancy. 4. The Developer will grant necessary easements, on the subject pro�erty, for the above described facilities. The easements, including storm water detention areas, shall be desigr.ated on the plat and at the City's request the developer will also furnish to the City written easements in recordable form. 5. The Developer will provide the City with a landscaping plan, which shall be acceptable to the City. Said plun �hall include a 20 foot boulevard area, to be sprinkled ana maintained at the landowners expense, along Main Street. 6. The developer will provide the City with samples of the materials to be used on the exterior walls of the warehouse and office buildings. Said materials shall be approve� by the City Nanager before start of construction. 7. The developer will direct all truck traffic using the subject property to enter and exit the property using 81st Avenue Northeast and University Avenue. The developer or its successors in interest will specifically advise all drivers to refrain from using East River Road for access to the site. 8. The developer will install all lights on the facility in such a manner as to eliminate light source glare beyond the propeLty line. 9. The developer will prepare an Environmental Assessment Worksheet and agree to take all necessary procedures to correct any environmental problems revealed by said assess nent . 10. The parties acknowledge that the City may in the future determine it necessary to take additional steps to address any surface water runoff prohlem. By entering into this Agreem�nt, it is expressly understood that the City is not waving its ri�ht to access for any such future improve�ent. This agreement is applicable to and to all successors, assigns, lessees operating the above facility. 2 the parties named herein or other persons - r� Dated this �_ day State of Minnesota Count t of _�L��%Ki� of �QstJ�i!.!� ___ , 1985 . ��-� ��L..1lee+e ✓`t-- • Cit o£ Fridle .. �V (�� Y Y A'l/1 /Y The foregoing instrument was aknowledged before me this _�7 T%5 n __, ,� day of _= �-� 1 T1�� , 1985 by _��-1 � S ii'' _�f�_ �-�'�'_��1iL /! sn�' ��.L.c� � !� � ( �� ,ti�� •. . _ . � �• __��_..1� - r_� r-c= _�� ce. v� v. �oa�v�rz � Notary�Public , � ��1 1 �tlC - MIMNESQL � � , I/IOKI► COUNI'Y 40�� ww+ E�qi�a 1n�.Ol, t!R r r v�nlwWwVWN � � Dated this State of Hlinnesota Count� � of Dakota $�� day of ��° �'�'`--- __, 1985. ✓-- -- -�-�_ ar - Len�Development Corporat n The foregoing instrument was aknowledged before me this __g�.r day of ��!�- , 1985 by �eonard n�. Vanasse. P�.�s�clentof Mar-L� DevelQpment �porati4n a Minnesota corpo�ation on behalf of the corporation. ..�.�...�.. t ,�,''a; ro,. � rr �U �Rr � � � r �..W'� ... �✓� `.�. � =, � . , � - � •�.,�.. , , E �-91 — ------- ---- ..._ --_--_- -_ _-_ �_ _ _..�., o��ry Public 3 ( � La�iz�i7 �� , . . �.'� �' �.'�;�,'i� r' s � � �'� �� '�,: �i C< )�4S"TOCK & DAVI�, ING Cons►�Iting Engineet� and Land Survtyori 1�'r+b County Foad J, M:n.7eapolis, N!N 5�432, (612� 7&:-9346 313 N.E. 3rd Avrn►ie, Grand Rapius, MN 55744 (218� 32fr3079 DESCI.IPTION The !'�outheast Quarter of the Northeast Quarter of Section 3, Township 30, Range 24; Anok,� County, t4inr.esota, EXCEYT the north 233 feet thereof; subject to the folloaing ease,�e�ts of record as noted in the Abstract of Title last dated December 31, 1979. 1. )o�t►c�ent No. 383272- A street and utility easement. � Street and Utility easei�ent described as follows: Comr.�encing at the Sout}ivest :orner of the South`ast Ot�arter of the Northeast Quarter of Section 3, T-30, �-24: thence ?Icrth along the Westerly line of said Southeast C��arter of the ':ortheast Quarter to a line parallel with and 33 feet North of the South line �f said Southeast Quarter of the Northeast Quarter; thence Easterly along said parallel line to a line parallel c�ith and 33 feet East of the Nesterly line of said Southeast Quarter of. the Northeast Quarter to the actual point of beginning; th�nce continue Easterly along a line na:allel with the Southerly line of said Southeast Qua*ter of the Northeast Quarter a distance of 40 feet; tt�ence deflect to the left 135° along a line in a horthwesterly direction to a line p�ral�el � with and 33 feet Easterl}• of the �Jesterly line of said Southeast Quarter of the ' i:ortheast Quarter; thence Southerly parallel With the Westerly line of .:aid Southeast Quarter of the Northeast Ouarter of Section 3 to the actual poinL of be�inning. All lying in the Gity of Fridley, County of Anoka, State of 1�in��so*_a. .. The City �f Fridley he:e.by accepts this easement for street and utility purj��sf�s. 2. nocument No. 383273. . A SU' dr�inage and utility easement. A SO foot DrainaRe and Ut�liiy easement described as follows: The Southerly 50 feet of the Northerly 670 feet as measured at right angles to the ir'ortherly 2ine of the Southeast Quarter of the Northeast C�uarter of Section 3, T-30, R-24, except the Easterly 33 feet and except the 'Aesterly 33 feet thereof. All lyin� in the City of Fridley, County of Anoka, State of Minnesota. This easement is accepted by the City of Fridley for street and utility purpose� 3. DJCllLI°T1t Na. 383274. A 33' utility easement. A 33 foot �tility easement described as folloc�s: The Southerly 33 feet of Nesterly 625.55 feet of the Southeast Quarter of the Northeast Quarter of Section 3, T-30, R-24, except the Westerly 33 feet thereof. All Iying in City of Fridley, County of A.�oka, State of Mir�nesota. The City of Fridley hereby accepts this easement for utiliLy purposes. 4. Docc�ent 2�0. 353265. A 33' street and utility ease-nent. the the �,�A1�;; A 33 foot Street and Utility ease�nent described as follows: The tJe�terly 33 t cercb; certi`y thai this surve�, 1lan or report was pmpared by me or under ny direct �u� e.Vi< io� anci that I am a duly Reyjsten.d Land Surveyor under the laws of th.; Statt oI ;.'i, ;� e:ata. i7 ��,� -�• _ /o83z. �..._3, �7�� _ 5�.Z9"l_— ----- -- --f%--= Rcg. No. Datc Job No. Fxx,k No. , -- --- - - -- -- -- .�/�cc f / a�—r3 �� .�liy'L'E'�'il �'S C�'i't.1 rCLs'�l�' t C Oi�lSTOCK & DAVIS, INC. Con,ulting Engineer� and Land Surveyor� I44b Couaty Road ), biinneapoli�, MN 35432, (612� 75�4-9346 313 N.E. 3rd Avenue� Grand Rapid+, MN 55744 (218) 326-3079 feet of the Southeast Quarter of the Northeast Quarter of Section 3, T-30, R-24. All lying in the City of Fridley, County of Anoka, State of t9innesota. The City of Fridley hereby accepts this easement for street and utility purpose S. Doctt�ent 2Jo. 383267. A 33' street and utilfty easement. A 33 foot street and utility easement described as follows: The So�itherly 33 feet of the Easterly 685.55 feet of the Southeast Quarter of the Northeast Q��arter of Section 3, T-30, R-24. All lying in the City of Fridley, County of Anoka, State of Minnesota. The City of Fridley hereby accepts this ease�nent for street and utility pur�oses 6. Document No. 383268. A 33' street and utility ease.r.:ent. ' A 33 foot Street and Utility easement described as follows: The Easterly 33 feet of the Southeast Quarter of the Northeast Quarter of Section 3, T-30, R-24, except the NorthE�rly 33 feet and except the Southerly 33 fc�et ther��f. All lying in the City of Fridley, Cotinty of Anoka, State of 1�tinnc•sota. The City of Fridley hereby accepts this easement for street and iitility purpose� 7. Documen[ No. 383271. A street and utility easemen[. SC ALE: A Street and Utility easement described as follo�s: Co�n�F�ncin� ar tl�� Soutt�ea�,t corner of the SUlltt1�3SL Quarter of the t'ortheast Quarter of Section 3, T-30, R-24; thence North along the F.asterly line of. said South�ast Quarter of the I�ortheast Quarter to a line parallel with and 33 feet horth of the South line of said Southeast Quarter of the Northeast Quarter; thence l.esterly along said parallel line to a line parallel with and 33 feet I�est of the F.astc.rly line of said Southeast Ouarter of the Ivortheast Quarter to the actt,al point of beginning; thence continue Westerly along a line parallel with ti�e Southerly line of said Southeast Quarter of the Northeast Cluarter a distance of 40 feFt; th�nce deflect to the right 135° along a line in a Northeasterly direction to a line parallel with and 33 feet Westerly of the F.asterly line of said S�utheast QUarter of the Northeast Quarter; thence Southerly parallel with the Easterly line of said Southeast Quarter of the Northeast Qu::ter of Section 3 to the actual point of beginning. All lyin� in the City of Pridley, County of Ano1a, St�te of Minnesota. The City of Fridley hereby accepts this easement for street and utility purposes. Note: The easements along the southerly 33 feet do not match, and the lJest 625.55 feet is for Utility Easement only, and does not include an ease�ent for street. A small gsp is left at the south side of the juncture and an overlao exists on the north side. I heret�y � �rtify that this survey, plan or report �vas prepared by me or under Tny direct ;upcn-isio i and that 1 am a duly Register:.d L,.and Surveyor under the laws of the State of 1::in*�e� �ta. - -- ��. �'='L � �' � �° � -3 2 e.%.,_. 3, i 9Bo '`�.Z 9 7 l--- t b. Nc --- Datc ^ )ob I�o.-`---- Aoc�k Ti o. � i . T � �—�-� o ' _ t _ , t ' , � � f � ;.'Si�C i.� U/� 1� �.,�`I�l �,' !C�C� 1C . . , . � • C' ��iSI'Ot:1�. S�: DAVIS, INC. Corut�lting Enb-ineer� and I�nd S�ir�cyon � r. � Si'F.�'c1' FOR: P;iduPSt FFderal Saving,s b Loan Association 801 2:icollet Avenue ' '' tlinnc�a�olis, Minnesota 55402 _ _ ----- — ---�— -� -7 _. ��,. NE\'1 .S 5..�.3-� �--�o' 1 �O � O' A� nt N� �.. . _ _ 1 O' N88° � t' 39' E- 1316. 83� _ ., _��- ---- 9� �` �( �� t:.�t�. J �:... ( I I � I� n J � �1 v • � ►� . �� S O f � �3 .� t0. :� ,o �G � : 3 ati� sC`/. -f �250 85 I��: �, � ( 'Ip ' �� O OI �� n �� I � � � � �� h) 1 � �� v� i �t� �' � l� � i �} ._------ � _. --- - � --------------- — ------- b . � ---�--------; t-------�--�------ ,3� 3�� — - -_ _ E � � Di1 • ' i ��S�n��il� *✓_ . � 9 p.zir�:�ar_ � _U�i1i:� _ __ --- - E - ------- --1 -T--•--- -�- - ---- � : �� c V �I W / � ' Q, � 3 5 a, . 11 � �j2 Z � �'� .� � � I�''� �'� ti� . �� . �� ' �� it z �i,,�° `f � -� I ; � � .� � i �� .l�J /:�e n �, I �.s�inc�� /�o. 3B317y � f�c �I I�� /.�� a� �� 1-� 1 j� o�' �asc��en� /��/0 38-32.G7 />4�� an ov�r/�;�1� � , ` : �•�w Iwy 4 __ • D � �� N S� �; � c -Q-.�`�/0... .� _ _ a^, �, �°' ~~��,� �164.42� 7 �7' � ..�;' �'`JS.'aC�__ _ _ _ +� �- — — _' � � j1 � i / � .i.7 -' �:7 . � ` i � ♦ �/ � ri 3 � �l i i7 , b-� ��+' 3B3Z7�-- --,� -.��« --__._---T `�� -L/i:/.� �as�m�n — , �r 0 �� N : n � � r, : > L i ��s �_ o. �� , � o; N � 0 �gg° pq' 1�F�w- �3,o.?s • , i � ►.. NE`/♦ . i s.�. 3•� _ �o�1F. 1:.�a .E ;:.. SE �� i 1 �1�� ... Sec. 3 � � ' ' t � SirAI_E: . '-�� ' QQ 17, -.��<. A.,.ke c.. c.� M. te.,.,a Li T� .-.�t�> PK ..�:\ C e..-.a O l7 r_.�.ia a � K f.o:\ �� QC c�.o1�. :�-o.. .--.e.�.. a-�t s�1 A ccrY..l RL5 10H�Z ' I hrrel,y � c;tify that this survey� plan or rrpc�rt w'as ��epered by mc or under rny di�tiet ` su� ..n^sio i a.nd that I am a duty Rc�;ist�red L.�nd Sunr} or under thc l�ws of the State of tiinncs �!s. • _/P'--��'�'-- �"'�� — --- _IOR32 - _ ---- _Dec,_21 1979 . —_ — -4297--- �-- - - -- Rc�. No. Datc J�•l, 2�a �PV /<ED F. G�S t":: N 1'> J f�o c..� ..� 1 i t lA _ _ _ I'.�K,k I`o. �19•�. �� 90 ir � I '+ ` . 3' RESOLUTION ��0. 46 - 1986 A RES(LUTIOr� AUTHORIZIt�G AND OIRECTING THE SPLITTIWG OF SPECIAL ASSESSMENTS 0�� PARCEIS 1800 and 1810, SECTION 3 WHERE�S, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, T�EREFORE, BE IT RESOLVED as follows: That t�e assessments levied against the following described parcels, to-wit: Parcel> 1800 and 1810, Section 3, may and shall be apportioned and divided and re�latted, as follows: Ori in �1 Parcels Parcel 1800, Section 3 Parcel 1810, Section 3 Divisic� and ReplattinQ Approved Lot l, 31ock l, Mar-Len Addition Lot 2, I �l ock 1, 14ar-Len Addition Fund Regular SA W �34 SI•J �102 (WL ) SW #102 (SL) SS �102 (SS) St 1973-1 St 1973-2 Re SS �102 SWBSS =130 St 1980-2 Regular SA lJ = 34 SW =102 (WL) SW =102 (SL) SS :102 (SS) St 1973-1 St 1973-2 Re SS �102 Fund Regular SA W =34 SW r102 (WL) S4! �102 (SL) SS �102 (SS) Re =102 (SS) Regular SA 1J = 3�� S1� =102 (4JL) SW �102 (SL) SS t102 (SS) ST 1973-2 Re =102 (SS) Original Amount Paid Paid 5 31,349.31 42,095.43 10,796.39 Paid Paid 11,042.39 13,283.91 59,171.91 Paid Paid 16,461.06 19,175.40 3,436.83 Paid Paid 11,925.16 5218.737.79 Original Amount Paid Paid Transferred to Lot 3 Transferred to Lot 3 Transferred to Lot 3 Transferred to Lot 3 Paid Paid Transferred to Lot "s Transferr2d to Lot 3 Transferred to Lot 3 Pai;i Transferred to Lot 3 �2 0 �_ .•Page 2, RESOLUTIOt� N0. 47 - 1986 Lot 3, ', �lock 1, Ptar-Len Addition a Regular SA W #34 SW #102 (WL) SW �102 (SL) SS #102 (SS) ST 1973-1 ST 1913-2 Re �102 (SS) SW #130 (W,SL) ST 1980-2 Paid Paid � 47,810.37 61,270.83 14,233.22 Pa i d Pai d 22,967.55 13,283.91 59,171.91 218,737.79 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 2�� DAY oF JUrJ = ,1986. MAYOR William J. Nee A?7EST: CITY CLIRK Shirley Haapala �D IYGJ�r, z �/,� �; John G. Flora ;�Public Works Director PW86-151 FR �i: Mark L. Burch, Asst. Public Works Director L1A :'E: June 2, 1986 _�: SU 3JECI': Change Orc�er #1 for Street Impravenent Proj ect ST. 1986-1&2 We have �mpleteci installation of the 6-inch perforated drainage pipe along 81 �t Ave. fran Hickory St. to Main St. This line was designed to carry wa :er fran the drainage lines that are now being installed on 81st Ave. fr m Main St. to University Ave. It naw appears that due to reoent soil correctiv e work in this area that th� ground water is recovering fast.er and higher than originally an:icipated and that the 6-inch line will not adeq uately drain the road ri�ht-of-way. We propose to add an additional 8-inch line from Hickory St. to Main St. to pravi�ie drainage of the high ground water in this area. Plrase have the City Council consider C.O. #1 for $15,775.00 to H& S As phalt, Inc. for addition of a 8-inch perforated drainage pipe from Hi �kory St. to Main St. t� 3/ts �/ PtJBLIC WORKS DEPARg�NT Engineering Division CITY OF FRII�EY Fridley, Minnesota Jw �e 2, 1986 . H � S Asphalt, Inc. 70( Industry Blvd. Anc ka, NY�1 553 03 S� je�: Change Order #1, Street Imprwenent Project ST. 1986 - 1& 2(Phase I) Ger tlenen: Yat are heretr� ordered, authorized and instructed to modify your contract for Str eet Imprwanent Project ST. 1986 - 1& 2 (Phase I) by adding the follawing: :.�� _ •�._ j� !I APPRUX. OIIANrITY LINIT PRICE 1. 8" PVC 1,250 L.F. 11.50 Perforated Pipe 2. Storm Ng3 2 Each 700.00 ZL?TAL C�iANGE ORDER #1 ORIGINAI. O�NTRAGT F�RICE (Phase I ) �iAI�E ORDER �1 R�IISID Q�N732AQ' AN1�UI�P AMOLIN $ 14,375.00 $ 1,400.00 $ 15,775.00 $439,120.55 +$ 15,775.00 $454,895.55 Su}��itted and approved k� John G. Flora, Public Works Director on ttie 2nd day of Jun� �, 1986. Pre� ared b� � � �� 2f`�--� � � Ciiec ked b� � -_% � --z �� --- John G. Flora, P.E. Public Works Director ' �j H F S Asphalt, Inc. Pac e 2 Cti� nge Order �1 Stieet Impravenent Project ST. 1986 - 1& 2(Phase I) Ap�roved and acoepted this c3ay of _�_, 1986 by H& S Asphalt, Inc. �: H & S ASPHALT, INC. William B. rliller, President - - - - - - - - - - - - - - - - A�� roved and accepted this Fri �le�, riinnesota. 3/6 �4/14 day of , 1986 by the City Council of WILLIAM J. NEE MAYOR Sf-lIRLEY A. HAAPALA - CITY Q,ER�: �( � VIRGI� C. iERRICK DAVID V. IEWMAN JAMES E. SC/ MEGKPEVER HERRICK & NEWMAN, P.A. ATTORNEYS AT LAW M E M 0 6279 UNIVERSITY AVENUE N.E. FRIDLEY. MINNESOTA 55432 571-3850 fiti: Fridley City Council FI:OM: David P. Newman, Assistant City Attorney �1'1� Rl ; : Ralph Skinner D;�TE: May 28, 1986 Pursuant to your request at the May 19, 1986 Council M��eting, we have researched the issue raised by Mr. Sl:inner's neighbors in which they alleqe that he is v:.olating the Fridley Sign Ordinance. It is my understanding that the neighbors are alleging tl�at Mr. Skinner's signs are in violation of chapter 214.06 s��bd. B of the Fridley City Code in that the signs in qi�estion are greater than six square feet in area; are g:�eater than one in number; and are within ten feet of the r��adway. In reviewing the code it appears that this section p��rtains to real estate signs for developments of less than t��n dwellings. However, in reviewing the signs located on M:•. Skinner's property, it appears that only one sign is tl�ere for the purpose of promoting the development and the b:�lance of the signs voice Mr. Skinner's displeasure with tl�e City of Fridley. Consequently, only the sign which d.rectly promotes the potential real estate development is c��vered under this section. In reviewing the Fridley Sign Ordinance it is difficult t�r find a description of a sign which accurately describes tl�ose signs located on Mr. Skinner's property. The best c��tegory would appear to be the regulations for political s..gns. In reviewing the definition of a political sign it i:; directed at signs that promote the candidacy of a par- t,.cular candidate or address what the electorate is about t�� vote on. Mr. Skinner's signs do not directly fall into e..ther of these two categories since as of yet, he is n�:ither a candidate for political office nor are the issues r��ised on his signs an issue in any impending election. S..nce the signs do portray Mr. Skinner's frustration with tl�e City and address Mr. Skinner's view point on action t��ken by the City Council, I would suspect that they are m��st akin to political signs. Several years ago the U.S. Supreme Court addressed the q��estions of what steps a City can take in regulating poli- t.cal signs, in United States v. 0'Brien, 391 U.S. 367, 377, .� Z „' � Fzidley City Council Me y 28, 1986 P�ge Two 88 S. Ct. 1673, 1679. The test developed by the Supreme Ccurt was recently followed by the Minnesota Supreme Court in a case involving the rights of the Hare Rrishna to di�tribute literature at the State Fair. The test adopted by the Court is three pronged: 1. Does the Ordinance further an important or substan- tial governmental interest. 2. Is the governmental interest in adopting the ordi- nance unrelated to this suppression of free expression. 3. By the passage of the Ordinance is the incidental restriction on free speech no greater than is essen- tial. If it is the intent of the City to address the remaining sicns on Mr. Skinner's property, it would be the recommen- dation of our office that the current sign ordinance be amended. I would suggest that a new category of siqns be created regulating signs of personal expression. This ordi- nan�e could require the signs to be maintained in a safe manner and that they do not contain any statements which are lib�lous or obscene. However, beyond this I would not rec�mmend any greater restrictions for this type siqn than for political signs. I believe that a strong Due Process and con;titutional agrument could be made if the City were to pernit greater leeway for political signs than it would for sigis of personal expression. The City could also require thi> type of sign to be no greater than thirty-two square fee: and for this type of sign to have the same set-back req�iirement as imposed by political signs. I would have ser..ous concerns if the City were to attempt to limit the numl�er of signs, particularly if the ordinance w�re to limit eacl property owner to only one such sign. I do believe thoigh, that if the maximum number of such signs was kept at three or four such a restriction would much more likely wittstand a constitutional test. We would reqLired for sigr. is also loca tecl . also not recommend that there be a license such a sign providing that the author of this the owner of the property upon which it is nte believe that an ordinance of this nature would with�tand a constitutional challenge. The first test would be mst in that the Caty has an interest in making sure that the �igns do not interfer with the flow of traffic nor that they become so large that they are distracting or detract �� i Fridley City Council Ma,� 28, 1986 Pa �e Three fr�m the general neighborhood. The second test would also ap;>ear to be met in that the ordinance is not suppressing fr��e expression but simply is attempting to balance such a' ri��ht against another proper City interest. Finally, it wo��ld not appear that the restrictions on freedom of speech ar�� greater than essential in that the property owner would st:ll have ample opportunity to express his personal politi- ca: opinions. In summary it is our opinion that with the exception of one sign, the signs do not fall within the categories apFropriate for promoting real estate development. It apFears that there is not any category of sign in the current ordinance which directly addresses the type of sign which Mr. Skinner has on his property. If it is the desire of the City Council to regulate such a sign then it would be our recommendation that an amendment to the Ordinance be pre?ared in which this tyge of sign is defined and regula- tiozs similar to those imposed for political signs be ado �ted . As I indicated to you at the Council Meeting, the City has two alternatives if it wishes to attempt to enforce the Sig► Ordinance as it applies to Mr. Skinner. The first opt.on would be to bring criminal charges and to proceed thr�+ugh the criminal courts. If Mr. Skinner was convicted it ��annot be guaranteed that Mr. Skinner will still be reqi.ired to remove the signs although it would be extremely likely that the Judge would include such a provision in any type of sentence. The other alternative is to bring a civil abatement action. The recommended procedure would be for the City to commence a declaratory judgment action against Mr. Skinner seeking to have the courts declare that the sigr.s are a violation of the City Ordinance and that the Cit� has the authority to enter onto Mr. Skinner's property for the removal of these signs. I would strongly recommend the �ity not to attempt to remove these signs without first having obtained such a judicial order since the City could be eKposing itself to considerable potential damages. C will be glad to assist the City and the City Council in aiy way you wish in further pursuing any of the items rais�d in this memorandum.