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07/07/1986 - 5157OF'FICIAL QTY O�UNC:ZL PGFNLIA «XJNQL NEETING JULY 7, 1986 FRIDLEY CITY COUNCIL MEETING PLEASE SIGN IAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: July 7, 1986 19 NAME ADDRESS ITE� NUMBER � � FRIDLEY CI TY COUNCIL �� JULY 7, 1986 - 7:30 P.M. Follawi ng are the "ACTIONS TAREN" by the Administration for your i nf orm� ti on. ------------------------------------------------------------------ PRESENT4TION OF AWARD: Elmars Prieditis - Housing � Redevelopment Authority Pr esented �,PPROVA � OF MI NUTES • Coun�:il Meeting, June 16, 1986 Spec: al Council Meeting, June 25, 1986 Mi:►utes approved �DOPTIOt OF AGENDA: Adc : Receiving petition for street light on 75th Avenue ,QPEN FOFUM. VISITORS: (Co nsideration of items not on Agenda - 15 Minutes) No response Co unci: Meeti ng, July 7, 1986 � _: � Pa ge 2 Public Hearing on the Matter of a Final Plat, P. S. #i 6-02, Creekridge Plat 2, Located on Lot l, Block �, Hidden Woods; Outlot 1, Gena Rae Additicn; Part of Outlot A, Dennis Addition; Part of Lotf 6 and 14, Revised Auditor's Subdivision ' No. 10, Generally Located East of Central Avenue and Socth of 66th Avenue, by Richard Brickner, T�iomas Blomberg and the City of Fridley .......... 1- 1 I Public Hearing opened at 7:40 p.m. Continued with instructions to staff PUBLIC WORKS--ACTION TAREN: Staff has completed special instruc�ions from City Council OLD BUS: NESS : Considei ation of Second Reading of an Ordinance for a V� cation, SAV #86-01, Generally Located at 55 - 77t h Way N. E. , by Lesl ie Kohanek ........... 2- 2 B Orc inance No. 658 adopted COMMUNI7Y DEVELOPMENT--ACTION TAREN: Proceeded with vacation CITY MAD AGER---ACTION TAKEN: Publ ished Ordi nance in Fridl ey Focus Consider stion of Appointments to Planning, Communit�� Deve2opment, Appeals, Energy and Parks an � Recreatian Commissions . . . . . . . . . . . . . . 3 - 3 A Ste��e Billings appointed Chairman of Planning Commission doh:i Gargaro appointed to Parks & Itecreation Commission � CIT�� IAN��GER--ACTION TAREN: Mailed letters to the appointed members �,nd have put item on July 21 agenda � �I Counci l Meeting, July 7, 1986 NEW BU'�INESS: Pa�e 3 Consid �ration of First Reading of an Ordinance Creati ig a Chapter of the City Code Relating to a T �x Imposed Upon Lodging . . . . . . . . . . . . . . . 4 - 4 R 0�dinance adopted on first reading ' C ITY M. ►NAGER--ACT�ON TAREN : Hav e put i tem on J uly 21 age nda f or second reading Receiv�ng the Minutes of the Planning Commission Meeti nc of J une 18 � 1986 . . . . . . . . . . . . . . . . . . 5 - 5 W A. Cor.sideration of a Special Use Petmit, SP #86-07, Generally Located at 785 - 53rd Avenue N. E. , t � United Stores . . . . . . . . . . . . Pla�nn�n� Commission Recommendation: Approval with Stipulations C.ouncil_Action Needed: Consideration of Recomme adation Ap?roved with three stipulations . . . . . . . 5 - SB & SU - SW COMMUNI �Y DEVELOPMENT--ACTION TAREN• Informed applicant of appr �val with stipulations B. Con: ideratias� of a Preliminary Plat, P.S. . #86-03, A& R Ac3dition, Generally Located South of Osboi ne Road and East of Highway GS, by David Harris . . . . . . . . . . . . . . . . . . . . . . . . . . . SB - 5E Planninc Commission Recommendation: Approval & 5X - SX w i th S ti pul ati ons Council Action Needed: Set Publ ic Heazing f oc � July a21, 1986 Putlic Hearing set for July 21, 1986 COMMUNI7 �t DEVELOPMEN�-ACTION TAREN• Proceeded with setting up the �ublic hearing for July 21, 1986 Counci l Meeting, July 7, 1986 NEW BUSINESS (Continued) (Plann .ng Commission Minutes Continued) C. Co. isi der ati on of a Rez oni ng Req uest, ZOA �86-02 Generally Located South of Osborne Road and Ea, �t of Highway 65, by David Barris ........ Planni��g Commission Recommendation: Approval with S�.ipulations un " Action Needed: Set Public Hearing for J�ily 2: , 1986 SE - SF & 5Z - 5AA H� aring set for July 21, 1986 COMMUN:TY DEVELOPMENT--ACTION TAREN: Set public hearing f or J u] y 21, 196 D. Consideration of a Rezoning Request, ZOA #86-01, Located on the West Half of Lot 4, All of Lots 5, 6 and 7, Lucia Lane Addition, Generally Located on the Northeast Corner of Flississippi Street and Highway 65, by L. Robert Erickso� ......................................... Plannina Commission Recommendation: Split Decisio� with Stipulations. Council Action Needed: Set Publ ic Hearing f or J uly 21 , 1986 He �ring set for July 21, 1986 COMMUNI"Y DEVELOPMEN�-ACTION TAREN: fOr Jul;' 21, 1986 r. Pa ge 5F - 5L & SBB - 5CC Set public hearing 4 Counci: Meeting, July 7. 1986 NEW BU,;INESS (Continued) (Plann: ng Commission Minutes Continued) E. Coi sideration of a Rezoning Request, ZOA #86-03, Located on Lots 16, Except the East 199 Feet TY ereof, 17 and 18, BLock 2, Sgring Valley Addi ti c n, Gene r ally Loca ted Nor th of Ri ce Cr eek Road ar d East of Central Avenue, by Richard Mochinfki ...................................... Pl'annir q Commission Recommendation: Approval w ith St i pul ati ons un ' Action Needed: Set Public Hearing for J uly 21, 1986 Pa ge 5L-50 & 5DD - 5 EE Public Hearing set for July 21, 1986 COMMUNI�Y DEVELOPMEN�-ACTION TAREN: Set public hearing for Jul,� 21, 1986 F. Con >ideration of a Lot Split Request, L. S. �86-05, Located on the South 150 Feet of the West 80 Feet of Lot 6, Auditor's Subdivision No. 129 (presen•.ly part of Flannery Park) , Generally Located on the Southwest corner of Flannery Park, byth e � :i ty of Fr i dl ey . . . . . . . . . . . . . . . . . . . . . . . . . . . Plannin�[ Commissian Recommendation: Approval Council Action Needed: Consideration of Recomme� �dati on 50 - SP & SFF - 5GG Ap� �r ov ed COMMUNI�'Y DEVELOPMENT--ACTION TAREN: Inf ormed appl icant of Co un < i 1 appr ov al G. Cons ideration of Approva� of Environmental Quality Commission Warkglan for 1986 .......�.... 5P Plann'inc�ommission Recom,mendation: Approval & 5HH - 5KK Council Action Needed» Cc��sicieration of Recommen �ation Rec eiwed GOMMUNIT � DEVELOPMEN'r--ACTION TAREN: Proceeded as authorized and file3 for future reference 5 .. 1+ Counci: Meeting, July 7, 1986 Page 6 NEW BU; INESS (Continuec�) (Planni ng Commission Minutes Continued) S. Corsideration of Receiving Motion from Hwnan Resources Commission Minutes of June 5, 1986 Regardi�g 1985 CDBG Human Service Funding ....... 54 �lannir� Commission Recommendation: � 5LL - SPP Agprova 1 Council Action Needed: Consideration of Recomme ndation Co �curred & approved �OMMUNITY DEVELOPMENT--ACTION TAREN: Notified appropriate parties of Council approval I. Ite�is from Appeals Commission Meeting of June 10, 198 �: I-1. G�nsideration of a Variance Request, VAR �86-12, To Reduce the Side Yard Setback f rom 80 Feet to 10 Feet To Allow the Construction of Addi ti o� �al Warehouse Space, Generally Located at 785 - S:rd Avenue N.E . ........................... 5QQ - 5TT AEpeals Commission Recommendatian: Approval & SUU - 5W Council Action Needed: Consideration of Recomme� ,dati on Ap� �r ov ed �O�SMUNI'.'Y DEVELOPMENT--ACTION TAREN: Notif ied appl icant of Coun< il approval , 0 11 Counci: Meeting, July 7, 1986 �,EW BU:'INESS iContinued) Pa ge 7 Conside ration of Resolution Ordering Improvetnent, Approv�l of Plans an Ordering Advertisement for Bids; F epai r of Johnson Street 1.5 I�G Reservoir 1986, I roj ect No. 161 . . . . . . . . . . . . . . . . .. . . 6 - 6 B Resolution No. 51-1986 ac3opted PUBLIC WORRS--ACTION TAREN: Proceeded with advertisement for bias Conside �ation of Resolution Ordering Improvement, Approva.. of Plans, and Ordering Advertisement for Bids; L��ndscaping, Irrigation and Street Lighting Project �168, Woodbridge Development . . . . . . . . . . . . 7 Re; ;ol uti on No. 52-198b adopted �UBLIC 1fORRS--ACTION TAREN: Proceeded with advertisesment f or bi d: Consideration of Reviewing a Special Use Permit, SP #83-C3, for Apache Camping Center . . . . . . . . . . . . 8 - 8 F StaEf to prepare complaint or proceedings for revocation of Special Use Permit for Apache Camping Center CO�IMUNIZY DEVELOFMENT--ACTION TAREN: Staff prepared compl ai n: or pr oceedi ngs f or r ev oca ti on of Spe ci al Use Permit i , II Counci: Meeting, July 7, 1986 NEW BU;�_INESS (Continued) Pa ge 8 ConsidE ration of a Resolution to Approve a Registe red Land Survey for Shorewood Inn .......... 9- 9 D Rf isolution No. 53-1986 adopted T�LIC �lORRS--ACTION TAREN: Proceeded as � authori zed Consideration of a Resolution Entering into A Coope:ative Agreement with Minnesota Department of Transportation for the Improvement of University Avenue between 81st Ave. and 83rd Ave. . . . . . . . . . . . Re �ol uti on No. 54-1986 adopted �UBLIC �TORRS--ACTION TAREN: Proceeded as authorized Conside; ation of a Resolution Approving the Transfe: of the Cable Television Franchise from General Television of Minnesota, Inc. to Nortel Cable A:�sociates . . . . . . . . . . . . . . . . . . . . . . Re: �ol uti on No. 55-1986 adopted ,�UBLIC tIORRS--ACTION TAREN: Proceeded as authorized Conside� ation of Resolution Advertising for Purchase of Utility Department Backhoe Tractor ....... Re: �ol uti on No. 56-1986 PUBL�C �'QRRS--ACTION TAREN: Proceeded as authorized a • 10 - 10 Y 11 - 11 H 12 - 12 B � ,: .Y i Council Meet hEW BU�INES� (Continued) Pa ge 9 Consideration of Changes to Chapter 205 of the Fridley City Code, Amending Provisions for Daycare Centers . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13 B �OMMUNI �Y DEVELOPMENT--ACTION TAREN: lst reading approved. Staff will ci rculate proposed ordinance among day care providers before 2nd re A Appoint.�ent - City Dnployee Ap >r ov ed �ITY MA�AGER--ACTION TAREN: . . . . . . . . . . . . . . . . 14 Noti f ied Accounti ng of new empl oy ee License, � . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 B Ap; ►roved �ENTRAL SERVICE--ACTION TAREN: Issued Licenses Claims . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Api �rov ed �ENTRAL ,�ERVICE--ACTION TAREN: Paid Claims Est imatE s . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17 A ApF r ov ed CENTRAL �SERVICE--ACTION TA�EN: Paid Estimates : ADJOURN; 10:15 p.m. i ng ■r ■� FRIDLEY CI TY COUNCIL JULY 7, 1986 - 7: 30 P. h1. � . � � _ :► ': ► : �► � :.::� ELM�;RS PRIEDITIS - HOUSING 8 REDEVELOPMENT AUTHORITY �": � I U 1 COUP C I L MEET I NG. .1UNE 16. 1986 SPE(IAL COUNCIL MEETING, �UNE 25, 1986 =�� = �= �' ► 1: i C �NS I OERAT I ON OF 1 TEMS f3UT OtJ RG�NDA - i5 M I NUTES ) COUNC l_ P�IEET I NG. �ULY 7, 1986 � � ■ :► 1 PUBLIC HEARING ON THE MATTER OF A�INAL PLAT. . P,S. ��56-02. CREEKRIDGE PLAT 2. LOGATED ON LOT 1. - BLOCK . HIDDEN WOODS: OUTLOT 1. GENA RAE ADDITI(iN; PART OF OUTLOT A. DENN{S ADDIT{ON; PART OF L07: 6 AND 14,�REVISED AUDITOR'S SUBDIVISION N0. 10, GENERALLY LOCATED EAST OF CENTRAL AVENUE AND SOtTH OF b6TH AVENUE. BY RICHARD BRICKNER, P�GE 2 T�iOMAS '�BLOMBERG AND THE CiTY OF FRIDLEY . . . . . . . . . . 1 — 1 I � � : 1 CONSIDE�ATION OF SECOND READING OF AN ORDINANCE FOR A VaCATI�N. SAV #86-01. GENERALLY LOCATED AT 55 - 77 �H WAY ��.E.. BY LESLIE KOHANEK . . . . . . . . . . . 2 — 2 B CONSIDEfATION 0� APPOIA�MENTS TO PLANNING. COMMUNI'�Y DEVELOPM�NT. AP�EALS. Et�ERGY Ah0 PARKS A�D RECREATION COMMIS�lONS . . . . . . . . . . . . . . 3 - 3 A : COUNCi_ MEETiNG. JULY 7, 1986 1 : PAGE 3 CONSlD:RATION OF FfRST READING OF AN OROINANCE CREATI�G A CHAPTER OF THE CITY CODE RELATING - � TO A T 1X IMPOSED UPON LODG I NG . . . . . . . . . . . . . :. . 4 — 4 R RECEIVING THE h11NUTES OF THE PLANNING COMMISSIOr� I►1EET � r�c oF Jur�E 18. 1986 . . . . . . . . . . . . . . . . . . 5 — 5 UV A, CO�SIDERATIOPJ OF A SPECIAL USE PERMIT. SP #86-07, GEWERALLY LOCATED AT 785 — 53RO AVENUE N.E., EY U��iTED STORES ,,,,,,,,,,,,,,,,,,,,,,,,,,, PLANN I N i COh1�1 I SS I Ofd RECOMM NDAT I ON : APPROVAL W I TH ST I PULAT I OtJS C�U�CII ACTION NEFD D: CONSIDERATIO�J OF RECOMME JDAT I ON B. CON' I DERAT I OfJ OF A PREL Ih1 I NARY PLAT, P. S. #86-83. A& R ADDITION, GENERALLY LOCATED SOUTH OF OSBOfNE ROAD AND EAST OF HIGHWAY 65, BY DAVID HARRIS� .......................................... PLANN I NE COM�•1 I SS I ON R COMM N�AT i nn� ; APPROVAL WITH STIPULATIONS COUNCIL �CTio� NEEDEn; SET PUBLIC HEARfNG FOR JUL Y Z 1, 1986 5-5B 8 5U — 56^�' 5B — 5E �5X-5Y COUNC i L h1EET I NG. JULY 7. 1986 �F � � I NESS i COhT I NUED ) (PLANNIN6 COMMISSION h11NUTES CONTINUED) C. CO�SIDERATION OF A REZONING REDUEST. ZOA �86-02. GENERALLY LOCAiED SOUTH OF OSBORNE ROAD AND EAST OF HIGHWAY 65. BY DAVID HARRIS ........ PLANNIh1 COt�1MISSION RECOMMENDATION: APPROVAL WITH STIPULATIONS COUNCiL ACTION NEEDED: SET PUBLIC HEARING FOR� �ULY 21, 1986 D. CON�IDERATION OF A REZONING REQUEST, ZOA #86-01. LOCATED ON THE WEST HALF OF LOT 4. ALL OF LOTS 5. 6 AND 7. LUCIA LANE ADDITION. GENERALI.Y LOCATED ON THE NORTHEAST CORNER OF MISSISS PPI STREET AND HIGHWAY 65. BY L. ROBERT ERICKS01� ........ ............................... PLANt� I N( ; COMM I SS l ON RECOMM��JDAT I ON ; SPL I T DECISIOt WITH STIPULAiIONS. �OU��CIL ACTION NEEDED; SET PUBLIC HEARING FOR JULY 21, 1986 PAGE 4 E 5E - 5F $ 5Z - 5AA 5F - 5L a 5BB - 5CC s COUrJC i_ MEET I NG, JULY 7, 1986 NEW BL�INESS (CONTINUED) (PLANhING COMMISSION MINUTES CONTINUED) E. CONSIDERATION OF A REZONING REDUEST. ZOA #86-03� LOCATED ON LOTS 16. EXCEPT THE EAST 199 FEET T�EREOF. 17 AND 18. BLOCK 2. SPRING VALLEY ADDl71�N, GENERALLY LOCATED NORTH OF RICE CREEK ROAD AaD EAST OF CENTRAL AVENUE. BY RICHARD h10CHINiKI ...................................... PLANNI�G CQMMISSION RECOMMENDATION: APPROVAL W{TH S'iPULATIONS �OU(�CII. ACTION NEEDED; SET PUBLIC HEARING FOR �ULY 2 , 1986 F, CO�SIDERATION OF A LOT SPLIT REQUEST. L.S. �86-05, LOCATED ON THE SOUTH 150 FEET OF THE WEST 8� FEE� OF LOT 6, AUDITOR'S SUBDIVISION N0. 129 (PRESE�TLY PART OF FLANNERY PARK). GENERALLY LOCATEC ON THE SOUTHWEST CORNER OF FLANNERY PARK. BY THE �ITY OF FRIDLEY ........................... PLANNfN,i COMMiSSION RECOMh1ENDA?ION: APPROVAL COUNCIL ACTION NcEDED: CONSIDERATION OF RECOMME�DATION G. CON�IDERATION OF APPROVAL OF EtJVIRONMENTAL QUALITY COMP�11SSlON WORKPLAN FOR 1986 ............ p�ANt�1�. i COMM I SS { 0f�1 RECOI�MENDAT I ON : APPROV�L COUN�.1 L ACT I ON NEEDEC : CONS I DERAT I ON Or= RECOMMcI IDAT I Or� � � PAGE 5 5L-50 � 5DD - 5EE 50 - 5P $ 5FF - 5GG 0 5P 8 5HH — 5KK COUNCI_ MEETING, Ju�Y 7, 1986 1 • : ► •► ► � (PLANNfNG COMMISSION MINUTES CONTINUED) H. COJSIDERATION OF RECEIVING MOTION FROM HUMAN RESOUR :ES COMM I SS I ON h11 NUTES OF .1UNE 5. 1986 REGARD NG 1986 CDBG HuMAN SERVICE FUND{NG ....... PLANNIIIG COMMISSION RECOMMENDATION: APPROV� �L COUNCIt ACTION NEEDED; CONSIDERATION OF RECOMME NDAT I ON I. ITEMS FROM APPEALS COMMISSION P�IEETING OF �UNE 1�, 19�5: (-1. C�NSIDERATION OF A VAr�IANCE REQUEST, VAR #8b-12. TO REDUCE THE SIDE YARD SETBACK FROM 80 FEET TO 1B FEET TO ALLOW THE CONSTRUCTION OF ADDITIO�AL WAREHOUSE SPACE. GENERALLY LOCATED AT 785 - 53�o Av�huF N.E . ........................... APPEALS COMM f SS 10�� RcC0�rh1�NDAT i ON ; APPROVAL �OUNCIL ACTION NcEDED: CONSIDERATION OF RECOMh1E JDAT I ON PAGE 6 � � 5Q � 5LL - 5PP 5QQ - 57T & 5UU - 5VV COUNCI_ MEETING. JULY 7. 1986 ► : ► •► ► � PAGE 7 CONS{D:RATION OF RESOLUTION ORDERING (MPROVEMENT. � APPROV�L OF PLANS AN ORDERING ADVERTISEMENT FOR _ � BIDS: �EPAIR OF �OHNSON STREET 1.5 MG RESERVDIR • 1986. �ROJECT No. 161 . . . . . . . . . . . . . . . . . . . 6 - 6 B CONSIDERATION OF RESOLUTION ORDERING IMPROVEMENT. APPROV�.L OF PLANS, AND ORDERING ADVERTISEMENT FOR BIDS: IANDSCAPiNG. IRRIGATION AND STREET LIGHTI(�G PROJEC" #168, WOODBRIDGE DEVELOPMENT . . . . . . . . . . . . % CONSIDERATION OF REVIEWING A SPEC{AL USE PERMIT. SP #83-�3. FOR APACHE CAMPING CENTER . . . . . . . . . . . . 8 - 8 F Cou�ci_ MEETING, Ju�Y 7, 1986 ► : ► •► ► � PAGE 8 CONSID:RATION OF A RESOLUTION TO APPROVE A REGIST:RED LAND SURVEY FOR SHOREWOOD INN .......:. .. 9- 9 D CONSIDfRATIOPJ OF A RESOLUTION ENTERING INTO A COOPERATIVE AGREEMENT WITH MINNESOTA DEPARTMENT OF TRA�SPORTATION FOR THE IMPROVEMENT OF UNIVERSITY AVENUE BETWEEN 815T AVE. AND 83Rfl AVE. . . . . . . . . . . . 10 - 10 Y CONSIDERATION OF A RESOLUTION APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM GENERAL TELEVISION OF MINNESOTA, IfJC. TO NORTEL CABLE � SSOC I ATES . . . . . . . . . . . . . . . . . . . . . . 1 1 - 1 1 H : COUNCI. MEETING. JULY %. 1986 ► : ► •► ► � PAGE 9 CONSID:RATION OF RESOLUTlON AOVERTISING FOR PURCHA�E OF UTILITY DEPARTMENT BACKHOE TRACTOR ....'. .. �2 - 12 B ; CONSIDERATION OF CHANGES TO CHAPTER 205 OF THE FRIDLE' CITY CODE. AMENDING PROVISIONS FOR DAYCARE CEr�TER� . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13 B APPO I N1 MENT - C I TY EMPLOYEE . . . . . . . . . . . . . . . . 14 L I CENSE 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15 B CLAIMS nn in� i��.+ ...........................16 THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JUNE 16, 1986 TH � MIlN�ES OF THE R�[II�AR A4F�rING OF � FRIDLEY CI'�iC COUNCIL OF JUNE 16 , 1�. 36 �h : Reyular Meeting flf the Fridley City Co�cil was called to order at 7: 40 p. n. by t�layor Nee. PL :;DGE OF AI�LDGI�INCE • Ma ►or Nee led the CA�mcil and audience in the Pledge of Allegiance to the F1 �9- F2C jL� CALL • I+�NBERS PRESFNT: Mayor Nee, Gbt.mcilman Goodspeed, Councilman Fitzpatrick, Coimcilman Schr�eider and Co�cilman Barnette i�NBFRS ABSFNT: None PF :SII�ATION A1�ID CERTIFICATES: Ng �or Nee and the Goimcil rea�c�ized the follaaing persons who had served on Ci _y Cansnissions. Patricia Gabel - Appeals & Planning Ca�nissions Harold Belgum _ Hunan Resouroes Commission Dale �anpson - �erc� Coaenission Ma �or Nee stated these persons have made valuable contributions to the c�o Rn�mity and the Co�cil wished to reooc�ize their efforts tx presentation of these Certif icates of Appreciation. Mr , Belg�m and Mr. 'I�anpson were present to receive thei r certif icates and h1a �or Nee and the Co�cil menbers extended their thanks and appreciation. Ma �or Nee requested Ms. Gabel's oertificates be forwarded to her as she was no: present at the meeting. Mr, Bob Aldrich, Fire Cnief, irrtroduoed Mr. Carl Rasmussen of the Fridley VF � P�st 363 who presented a$4,000 donation to the Council. Mr. Aldrich st3ted this donation was to be used for specialized training for f i ref ighters. N� �or Nee ai�d the Cow�cil menbers extended their thanks to Mr. Rasnussen and th � V�nl P�st for this donation. A� PROVAL OF MINf)TES • ��.�� i 11�� • ' . -1- PnJTION by Councilman Schneider to approve the minutes as presented. Sewnded tr� Co�mcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried �anunously. COUNCIL I�ETING, JUNE 12. 1986: N1f�TI0N by Councilman Fitzpatrick to approve the minutes as presented. Seo�nded b� Councilman Schr�eider. Upon a voice vote, all voting aye, Ngyor Nee declared the motion carried unanimously. ADOPTION OF AGEDIDA• The follawing items were added to the agenda: (16) Consideration of a Solicitor's License for Mary Sue Sobba; (17) Consideration of First Reading of an Ordinance to Change the Sign Cflde by Amending Sections 214.02, 214.05, and 214.15; and (18) Consi�ration of a Resolution Relating to Assisting Wir�f ield Devel ognerit, Inc. in Obtai ni ng an Indust r i al Dev el opm ent B ondi ng All ocati on b� Fi ndi ng That th e Proj ect Site Would Q ual ify as a Redevelopnent Tax Increnent Fir�ancing District. MfJTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seoonded tr� Gouncilman Goodspeed. Upon a voice vote, all vating aye, Mayor Nee declared the motion carried unanimously. OPIIV FORUM. VISITORS• COI�LAINr BY MAFtY M�IN. 133 SI'ONYBROOK WAY: Ms. Mary Martin, 133 Stonybrook Way, appeared befare the Co�cil regarding a oomplairit about the business across fran her hane. She stated this business was not living up to the o�rx]itions of the special use permit given to thsn in 1977. Ms. Martin stated nothing has been accamglished in the last nine years to make then oomply with the stipulations of the special use permit. She stated landscaping was suppose to be installed and the landscaping is less naw than before. Ms. N�rtin also stated they have more than the two vdzicles allaaed in frorit of the building. Ms. Martin stated this business has simgly ignored what the City has told then to do and felt samething should be done about it. CoLmcilman Fitzpatrick stated he talked to Ms. Martin several months ago regarding this business and, at that time, ooritacted Mr. Wiersna of the City staff who began working on this problen. Cbuncilman Fitzpatrick stated the� have ooritinually violated the stipulations of the special use permit. He stated Mr. Wiersna has advised him that the awner of this business is genuir�ely looking for another site arbd is reluctarit to make any changes. Mr. Herrick, C�.ty Attorr�ey, stated he felt there may be grounds to hold a hearing before the G�uncil for revocation of the special use permit. He felt the Znspection Department should g� out and verify the violations and provide doctunentation by notes and pictures. Mr. Herrick stated the petitior�er should also have the opport�.mity to ap�ear before the Council to explain why he is not complying with the conditions of the special use permit. -2- •• i , • i :�_,[�� Mr. Rok ertson, Cr�mm�ity Develognent Director, stated Mr. Wiersna talked to the aar �r and was advised he would mave the trailer ar�d do the landscaping by Jul� 15. The aaner also indicated to Mr. Wiersma that he had a real estate agent looking for a r�ew location for his business and plans to move as s�or as p�ssible. Mayor r ee stated the City Attorriey's office would work with the Inspection De�rt� ent regarding steps to be taken to enforce the conditions of the specia . use permit. He stated this woul.d be an agenda item fot the CA�cil's next meeting on July 7, 1986. SIC�IS C�1 RALPH SKINNER' S P%JPF..K.PY: CAUncil:nan Schneider stated at the last meeting, the Council asked the ac�iini: �ration to look at the existing real estate sales signs throughout the Ci :y and directed staff to take enforcement action. Councilman Scht�ic �r asked what has been c3orye regarding the real estate sic�s. Mr. Quz eshi, City t4anager, stated the real estate signs on [�Ir. Skinner's propert � are r�ot in a�nformance with the Sic� Cflde. Mr. Qureshi stated the sign or Mr. Brickner's site meets the requirements as far as size, except the la ation is not as required tr� the Code. Mr. Qureshi stated Mr. 5kiruler has beE n advised of the violation and staff will follaw up this week. Nlr. Mik � Meierbachtal, 6171 Heather Place, asked what type of notif ication f9r. Ski nner received. Mr. Qur eshi stated normally a letter is serit and, if the violation is not oorrect �d, a citation is then issued. Mr. Mei erbachtal stated if a letter has already been sent and no action has been t� ken by Mr. Skinner, he fe].t the r�ext step should be initiated. Mr. J� es McCulloch, 6185 Heather Place, asked about the time fra¢ne in order to havE these sic�s ranwed. Mr. Her rick, City Attorrey, stated the citation would be issued tr� the City Inspect �r and the timing is pretty much at the discretion of the Co�cil. Mr. Qur eshi, City Manager, stated a letter was received today from Mr. Skinner. He stated the City is trying to mediate and resolve the problens betweer two adjoining property aaners. He stated the City's proposal was not aa �ptable to Mr. Skinrer and it should be determined if the Gity should cease �eing a mediator as it seems the City's efforts haven't been succes: Eul up to this time. Mr. McC ulloch stated the issue is the signs and they either are or are not in �m� Liance and felt a citation should be issued, if there is a violation. Mr. Her rick stated he doesn't see a problan with issuing a citation for violati on of the Sign Code, but dic�'t knaw what would result. He stated this me � end r�p in o�urt and this would not be a speedy process. -3- COUNCIL NIEE,TING OF JUI� 16. 1986 Ms. Meierbachta]., 6171 Heather Place, asked if the City could remove the signs on Mr. Skinner's property, if he didn't remove them within a reasonable period of tir�e. Mr. Herrick stated this isn't an action he would recommend. Mr. Herrick stated he would reo�mmer�d the citation be issued and to have the property aarer and City Prosecutor appear before a judge. Gouncilman Schneider felt a citation should be issued and staff work with the City Prosecutor to determine what pra:edures should be follaaed, if the problen isn't eradicated. He stated he is ref erring to the real estate signs which are clearly in violation of the oode. r'DTION by Councilman Schneider to direct the acfiinistration to fulI.y enforce the Sic� Code relative to Mr. Skiru�er's and Mr. Brickner's properties and issue appropriate citations as soon as possible. Ftirther, to consult with the Prosecuting Attorney to detennine the oourse of action, if compliance with the oode isn't forthooming. Seoonded �y Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �ani.mously. OLD BUSII�tF,�SS: 1. O�INANCE N0. 857 �1MEI�ING SECTIONS OF THE FRIDLEY CITY CHARTER AND ADDING SECTION 1.04 (DEFINITIONS) : NDTION by Co�cilman Schneider to waive the seoond reading of Ordinance No. 857 and acbpt it on the sewnd reading and order publication. Seconded by Councilman Fitzpatrick. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. CONSIDERATION OF APPOIN.rMEDTrS TO PI,ANNING, OOHII�IUNITY DEVEIAPMENT. APPEALS. ADID ENERG'Y OOI�IlyIISSIONS• NDTION by Councilman Schneider to table these appointments to the next meeting on July 7, 1986. Seoonded b� Co�cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r�w susnvESS • 3. CONSIDERATION OF FIRST RF�DING OF AN ORDINANCE CREATING A CHAPTER OF THE CITY CODE REI�ATING TO A TAX INIPOSID UPON IiODGING: Mayor Nee stated this proposed ordinance has been petitioned for by the hotel industry. Mr. L�n Ficken, Chairperson of the Fridley Chamber a� Com�nerce, stated it is r�uested the Co�cil oonsider this ordir�anoe to impose a 3$ tax on lodging in the City in order to support the establishment of a North Metro Convention and Tourisn Bureau. Mr. Ficken stated a similar request is being made to the cities of Brooklyn Center and Brooklyn R�rk. -4- 1�. ti� �r r� ��' t �� CZi� •, Ficken stated State laa �ables cities to impose such a tax with 95$ of �� revenues fran this tax going to a Converition and Tourisn Bureau and 5$ : the revenues to the mcnicipalities. Mr. Ficken stated the purpose of �� is Bureau is to increase business, leisure and social traff ic, and ge �erate additional revenues for the North Metro suburbs. r1r , Ficken irttroduced menbers of the Task Foroe for this Bureau. T'hey are Mr , Jim Decker, Qzai nnan and Kathy Enc�euser, Steve Ander son, Edwin Elmer ar 3 Kurt Hart who represertt hotels/motels in Brooklyn Center. Brooklyn Park an 9 Fridl�. Mr , Ficken presented a short slide presentation relating to industries in th � metropolitan area, convention statistics, areas to be pramoted and ma :keting revenues. Mr , Ficken stated this Converition and Tourisn Bureau has been a brain child no: only of the lodging industry, but Chambers of Commerce of Fridley, Br �oklyn Center and Brooklyn Park and they endorse �is proposed ordinance. He extended his thanks to Dave Naaman and Bill Hunt of the City staff who haie been most helpful in their efforts to sulanit this proposal to the Co u1ci1. Mr , Jim Decker, Qzainnan of the Task Force, stated the organization wi11 be es:ablished as a nori-profit organization with 13 directors and 5 officers fc : a total of 18. He stated it is proposed that in order to communicate we .1 with the cities and Chanbers of Commerce, a menber o�f the Board should be a Co�cil menber or another City representative, a representative fran ea :h C�anber c� Comanerce, and a rep�esentative c� each Q�anbers' Hospita.lity Di ► isi on. Mr, Decker stated the five officers would run the organization on a da►-to-day basis, with monthly meetings. He stated the Executive Director wo ald be responsible for the staff and advertising. Mr. Decker stated this wo ald be an�nique organization working in �.nison to pranote the North Metro ar �a. Mr , Decker stated some r�eighboring states do charge this tax which ranges fr m 1 to 7$. He stated the standard in Minnesota is 3$. Mr. Decker stated fo � every cbllar a person brings into a vomm�mity, only 38 cerits goes to the hc :el and the rest goes into the local conm�ity which makes for a healthy ec �nomic situation. He stated hotels are a good geryerator of revenue for a � m�ity. ��cilman Barnette asked who ac�ninisters this tax and polices it. Mr. Dan Fi ;ken stated this would be the City's responsibility. � mcilman Barnette asked what would happen if some of the smaller motels di �n't wish to �rticipate. Mr. Decker stated most of the small motel aa �ers are in agreene.nt. He stated thEy tried to get 100$ invalvenent f ran ev �ryore' as they felt it was important for this to be a aonm�uiity eEfort. Mr . Ficken stated there isn't one motel o�r hotel that is pramoted more than -5- COUNCIL MEErING OF JUNE 16. 1986 another. Co�mcilman Goodspeed stated the amount of dollars is very small, but the principles are enormous. He felt when the price goes up, d�nand goes down, haaever, extra custaners will be generated because c�f the advertising. He questioned if this set a preoedent for ather industries to impose a tax to promote thei r product. Mr. Decker stated they not oN.y pranote hotels, but ather busiresses in the oorr�n�,nity such as restaurants, theaters, etc. Councilman Goodspeed stated the CAUncil is being asked to impose a tax to pay for the industry of promoting all the businesses that benefit from tourisn. He questioried if this wasn't being done to a degree by private enterprise. i�lr. Decker stated private industry cannot generate enough advertising to attract great n�unbers of peogle. He stated cities and states who spend the most are the ones who are getting the tourists, and tourism is a very big part of Miru�esota's revenues. Councilman Goodspeed felt when the goverrlment steps in and starts taxing people and using these f�.u�ds for a business which, up until this time had been cbne b� private enterprise, it is a degree of s�cialisn. He stated he had talked to Representative Wayr�e Simoneau and this law started out as a plan to help Northern Minnesota in order to give the people a chance to raise revenue to promote their area. Councilman Goodspeed stated fram there, some legislator felt what was good for Northern Minnesota was good for the rest of the State and this is how the legislation ca�ne ir�to effect. He felt even though he thought this was despicable, he oouldn't see forcing Fridley's hotels to operate at a disadvantage. r'�yor Nee stated the State is now spending about $12,000,000 to pramote tourisn in Minnesota with the rationale that 16 times this aQnotmt o�mes back as revenue fran tourists. He stated they are talking about using revenue generated fran the hotel/motel irydustry and the State laba pravides this may be c3one and everyone �ay their fair share. He stated he would be against it, if revenues fram a general f�d were to be �sed. Co�cilman Schneider questioned if the amount of revenue the City received fran this tax would be sufficient to p�y the cost of ac�iinistering the progr�n. Mr. Rick Pribyl, Finance Director, stated it would be difficult to answer the question at this time, as he didn't know what activities would be involved in this procedure. He stated if the City is involved in the audi ti ng, the a¢nount they reoeive probably wouldn' t be suf f icient. Co�cilman Schn�eider felt there should be protect the Ci ty so mor e f unds ar en' t acfiinistering this progr�n. -6- so�ne language in the ordinance to spent than what they receive for • , � i�a� r,_ • ,i_ • • . Ma� or Nee asked if B rooklyn Center or B rookl.y n Pa r k rai sed thi s q ue st i on. Mr, Decker stated they have mt appeared before the Ci.ty Council of these ci ies and would be cbing so in the r�ext several weeks. Co� �cilman Schneider asked if the aar�er of the S�lir�er Motel was in favor of this proposed ordinanoe. Mr. Ficken stated, as of r�aw, he didn't believe he was in favor. Co� u�cilman Barnette stated this was his concern also when he raised the qu� stion about particiFation of some of the snaller matels. Mr� Pribyl stated he has a concern if the City has a responsibil ity of ac� ually verifying the proper renittance �.. taxes. Mr. Decker stated this is usually verified through the State fran �e o�mpleted sales tax revenue fa ms. Mr, Pribyl stated he would like an opport�.uiity to check with other cities wh� � have been involved in such an activity and determine haa the� ac�iinister th: s tax. Nh; or Nee asked if anyone has a aontract for the State for collection of th: s tax. Mr. Decker stated St. Qoud and Rochester have such a tax, but dic n't laiaa if they oontracted wi�th the State or n�t. Ma; or Nee felt the Commissioner o� Taxitirn should be contacted to see if th� y are willing to collect this tax. Mr. Hunt, Assistant to the City Ma� ager, stated the State was o�ntacted and they do not wish to make the oo:lections at this time. Mr, Elmer stated the reason the State didn't want to become involved is be� ause they would need a rew oomputer systan and do not warit to put one in fcv the snall n�mber � cities who have this tax. Mr, F1mer stated he has a snall hotel and wouldn' t benef it f rom any co� �ventions, but felt anything that brings people into the community ul i imately benef its all businesses. He stated he o�uldn' t see ariy probl en wi� h o�llection of the tax or opposition on the p3rt of motel or hotel aai ers in this area. O�i ncilman Schr�eider stated one motel aaner in Fridley isn't in favor of th:s tax and it ooncerns him. Mr, F1mer felt it would be in the best inkerests of this motel awner to go alc ng with the prop�sed tax. ND"ION by Co�cilman Schneider to tahle this iten �ntil the next meeting on Ju7 y 7, 1986 and request staff contact other cities involved that have en� cted this ordinance to determine haw the� enforce it arid to work out so�ne pr<jections as to the costs for ac�iinistering such a tax. Seconded by cbi ncilm`�n Gooc�speed. Upon a vaioe vote, all voting aye, N�yor Nee declared the motion carried unanimously. -7- 4. 5. COUNCIL i�ETING OF JUNE 16. 1986 CONSIDERP�TION OF FIRST RFADII� OF AN O1�II�INCE FOR A VACATION. SAV #86-01, G� r�.r.v iCIC'ATF!? AT SS - �%TH ti+g1Y N. E. , BY LESLIE KOHANII{: t�TION b� Councilman Goodspeed to waive the first reading and approve this ordinance �.�on first reading. Se�nded tr� Co�mcilman Fitzgatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. CONSIDERATION OF FIRST REl1DING OF AN ORDINANCE FOR A PROPOSAL 'In CHANGE THE SIQV CODE SDCTION 214 OF THE FR.IDLEY CITY OODE: Mr. Robertson, Ganm�ity Development Director, stated the staff, at the Council's direction, analyzed the history of requested variances to the Sicg� Code. He presented an analysis of the variances requested to the Sign Code since 1982. Mr. Robertson stated the net effect, in comg�rison to the existing code and the proposed code, would be less deviation in area fram the proposed �de, but the same number � signs would deviate f rom either oode. Co�cilman Fitzpatrick stated the requests for variances, in all cases but one, are greater than the proposed change in the code. He stated, therefore, he cannot see b� aciopting a more lenient code, it would reduce the ntanber of requests for variances. Co�cilman Fitzpatrick asked if the City's Sicyz Code was vom�red with other ryeighboring suburbs. Mr. Robertson stated staff found there was really no clear o�nsistency fran oomm�ity to oonm►uiity in the way the sign ordinances were structured. Mr. Qureshi, City Manager, stated sane oonan�ities severely restrict signs and some are more liberal than Fridley. He felt it was a matter what the Council felt was fair and best for the City. Mr. Robertson outlired the proposed changes to the Sign Code as follaws: (1) restrict C-1 local (neic�borhood) businesses to 80 square feet of sign area only; (2) allaa for medi�n sized sic�s, up to 120 square feet in C-2 and C-3 zones for busir�esses greater than 8,000, but less than 20,000 square feet in area; and (3) allaa for larger sized sic�ns, up to 180 s�uare feet in C-2 and C-3 zones for large business develognents greater than 20,000 square feet in area. Coimcilman Fitzpatrick stated he felt r�either of the studies completed by Staff points to justification for any change in the Sign Ordir�nce. Councilman Barryette stated he di�'t know if the ordinance was changed if it would change the req�sts at all, and possibly nothing would be gained by adopting a r�ew ordinance. He stated the process is working and there will always be requests for e}oceptions. Co�cilman Schneic3er stated the existing ordirr�nce had a tremendous amount of public input and at least five ordimnces of neighboring comm�ities were reviaaed. : COUNCII MEE,TING OF JUNE 16. 1986 Mr. Her rick, City Attorr�ey, felt ore thing that might be of some practical value i s to look at various businesses in the City and decide which signs the Co� zcil feels are aesthetically pleasing and then give some thought to standar iizing the ordinance aroi�d those �at are acceptaYale. He stated he was ref erring to future sic�s and not existing sic�s. NDTION � Councilman Barnette to table this itan indefinitely. Seconded by Counci .man Fitzpatrick. Upon a voice vote, all voting� aye, Mayor Nee declarE d the motion carried unanimously. (� j� Ej�j] � THF: MrN[lTF_S (�F THF. PTANAiTT�Y; (7X+AM7SSION MFETING OF JLTNE 4. 1986 : A. COIVSIDERATION OF FII�I, PLAT, P. S. #86-02 . CREEKRIDGE PLAT 2, GENERALI�Y L�OCI�TID ON L� 1. BI,OQC l. HIDDEN WOODS; OUI'L4T 1. GENA RAE ADDITION; PART OF OUTIrOT A, DE[�IIVIS ADDITION• PART OF L(7iS b� 14. RF.'VISE� AUDI�R' S SUBDIVISON N0. 10, BY RICHARD BRICiQJER. THOMAS BI�ERG ATID THE CITY OF FRIDLEY: NnTION by Councilman Schneider to set the public hearing date for considE ration of this fir�l glat on July 7, 1986. Seconded by Councilman Fitz�at rick. Upon a voice vote, all voting aye, Mayor Nee declared the moti on car ri ed unanimously. MDTION by Councilman Schneider to receive the minutes of the Planning Commis: ion meeting of J�e 4, 1986. Seconded by Councilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimc usly. 7. CON IDI �2ATION OF AGREII�1Vr FOR TI� LF�,SE OF THE "A" FRAME BY SCHOOL DISTRICT N0. 14; P�DTION by Co�cilman Barnette to authorize the Mayor and City Manager to enter � nto this agreenent far t�e lease af �e "A" fr�ne b� School District No. 14, Seoor�ded b� Councilman Schryeider. Upon a voice vote, all voting aye, I� yor Nee declared the motion carried �uianimously. 8. EIV.NG BIDS AI�ID CONSIDERATION OF AWARDING CONTRACT FOR SIGNAL SYSTEM PAINrIl G PRA7DCT N0. 167 : Mr. Flc ra, Public Works Director, stated four bids were received for Project No. 16" . He stated there was a basic bid for pairiting the entire pole and an a1tE rrr�te bid which did not include Fairiting the metal above the siqnal. Mr. Flc ,ra stated the b�ids were higher than what was expected because of the itans � equired such as hlocking traffic and using a cherry picker. Mr. Fl� ra stated staff would reoommend the law base bid f ram A1 Erickson Servia be accepted in the ano�t of $29,243 which includes painking al.l the si gnal, ; and pol es. NDTION by Cotmcilman Schr�eider to receive the follaaing bids for Project No. 167: � _� • i� r,� • ,i .. . . • � �• A1 Erickson Service 538 Virginia Street St. F�ul, NN 55103 Pairiting Systens 1004 Laary Avenue N.E. Minneapolis, NN 55418 Vallc� Contracting P. 0. Box 8599 White Bear Lake, NN 55110 Fagle Construction 8181 Riverviaa Terraoe Fridley, NN 55432 �TAL BASE BID $29,243.00 $38,385.00 $38,779.00 $46,958.00 ALT. A BID $26,493.00 $25,194.00 $29,379.00 $45,811.00 Seoonded tr� Co�mcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee decl ared the moti on ca rri ed unanimously. NDTIfJN by Co�cilman Schneider to award the �ntract for the Signal S�istesn �inting Project No. 167 to the laa bidder, A1 Erickson Service, for the total base bid in the amount of $29,243. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . . _� �,� • •:. � ��• i � ••� • ••� -,• � -� � . . . � •� � � � • �• �• «•�� . . . � � - s• ��,�i u a�� • • �• � •,• • � • • i� • � � � • � •� � • 1• �+ �1 '� • 1� �i �I• M'��_� I �1� i �'� . � :�._ ' Mr. Flora, Public Works Director, stated this resolution requests the hiinnesota Departme.nt of Transportation and the Metrop�litan Cotuicil initiate a detailed study af the bridge r�eeds of this area ar�ci to desic�ate recessary resouroes to desicp� and oonstruct appropriate facilities. NDTIlJN b� Co�cilman Barr�ette to ac3opt Resolution No. 47-1986. Seconded by Councilman Goodspeed. Upon a roll call vote, Councilman Barnette, Co�cilman Goocispeed, Co�cilman FitzFatrick and Coimcilman Schrnider voted in favor c� the motion. Mayor Nee voted aqainst the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. I�yor Nee stated he di�'t feel the State had been responsive to the City's �st requests regarding traffic o�ngestion through Fridley. � �� • ,• �:. ••� � -• ....� � . � � � a�•� a� �.� 3� ; : 1� _ • ; �' y��?�_� �+_�� ' •,• a • : . NDTIDIV b� Co�cilman Schneider to adopt Resolution No. 48r1986. Seoonded tr� Cb�mcilman Barnette. Up�n a voioe vote, all voting aye, l�yor Nee declared -10- • �� i� ��_ • 1!�!_ • thE motion carried �u�animously. 11. RE; IOLtTrION N0. 49-1986 Zi0 CORRDC,T ERRQR ATID � RESCII�ID DELIN�UF1� SEWER AND WA'ER ACOOUNr CERTIFIID ON in�EST 1/2 OF LOT 3. LUCIA LANE ADDITION. AND TO RDi ;ERTIFY THI DII� U ADID 4�,TER ACCOtJNr ON THE 2 F LUi 'IA LANE ADDITiON FUR Tf� SEOOI�ID HP,LF OF 1986 TAX STATEMETTr: ND`.'ION by Co�cilman Schrieider to adopt R�ssolution No. 49-1986. Seaonded tr� Co incilman Fitzpatrici�. Upon a voice vote, all voting aye, Mayor Nee de� larec� the motian carried �uianimously. 12 . AP: 'OINI'MII� : CITY F�IAYEE : ND"ID�] by Cr�imcilman Schryeider to ooncur with tfie follawing appointment by th� � City Manager: STARTIl� S�RTIl� NAl � FnSITION SALARY DiATE REH�ACES Gr< .rit Leland Merseth 40' Pearl Nh� Jcato, MV 56001 Fblice Officer $ 3.�$ P�liae Dept. per (pa rti al exenpt ) Hour ($1,667/mo.) July 1, Bradley 1986 Fearson Se� �onded tr� Co�cilman Barr�ette. Upon a voice vote, all voting aye, Mayor Ne� : declared the motion carried unanimously. 13. LI� ;ENSFS: ND"IDN by Co�ci.lman Barr�ette to apprave the lioec�es as subnitted and as on fi: e in the Lioense C1erk's Office. Se�onded tr� Cb�mcilman Sc�r�eider. Up�n a �oice vote, all voting aye, Mayor Nee declared the motion carried ur� .nimously. 14. Q,►IMS: HD"�DN by Councilman Schneider to authorize p3yment of Claims No. 8358 th�ough 8924. Sewnded b� Co�cilman Fitzpatrick. IJpon a voice vote, all vo :ing aye, N�yor Nee declared the motian carried unanimously. 15. E�, 'IMATES ND"ION by Councilman Fitzpatrick to approve the follawing estimates as su mitted: Sm .th, Juster, �eikana, Nglmon & Haskvitz � 64 il University Ave. N. E. Fr .dl ey, � NN 55432 For Servioes Rendered as City Prosecutor Fbr the Nbrith o� May, 1986. . . . . . . . . . $ 7,399.49 -11- • 1� i� 1� •' 1�� • ' ' • Herrick & Newman, P.A. 6279 University Ave. N. E. Fridle�, NN 55432 For Servioes Rendered as City Attorryey Ngy 1986 Retainer . . . . . . . . . . . . . $ 2,767.50 Eugene A. Hickok and Associates, Inc. 545 Indian Nbtuid Wayzata, rN 55391 Professional Services frcm April 26, to May 28 For bbore Lake Restoratian Project II Partial Estimate . . . . . . . . . . . . . . $ 691.11 x�s�natt 700 Ir�dustry Anoka, NN 55303 For Street Lnp�avenerit Project St. 1986 - 1& 2 �rtial Estimate No. 2. . . . . . . . . . . . $65,590.00 Seoonded b� C;o�mcilman Schr�eider. Upon a vaice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. CONSIDERP,TION OF ISSUING A SOLICITOR'S LICENSE FOR MF�RY SUE SOBBA• NDT7DN by Cb�mcilman Barnette to approve the sol ici tor' s 1 icense f or Ma ry Sue Sobba. Seo�nded tr� Councilman Schneider. Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unani.mously. 17. �NSIDERATION OF FIRST RF�DING OF AN ORDII�NCE TO CHANGE THE SIGN CODE BY AN�IDING SECTIONS 214.02. 214.05 AI�ID 214.15: Mr. Herrick, City Attorney, stated before getting involved in the details of this amendnerit, the question should be asked haw badly it is needed. He stated he felt this ordir�nce would be difficult to enforoe and may involve the (7ty in a lot of oontraversy. Mr. Herrick stated an attenpt to enforce it may well involve sane expensive litigation. Mr. Herrick stated the City has orle current situatian that, in his opinion, initiated the request for this prop�sed ordinance revision. He stated he dich�'t knaa if the Cb�cil wanted that situation to get them into an area that would be difficult to polioe. He stated if the ��cil feels thEy ryeed an ordirance to handle this situation and others that mic�t arise, then the substance o� the ordinance can be discussed. Gbtmcilman Schneider stated the Go�cil asked what they could do about the situation that does exist and Mr. Herrick's office had reglied that, before anything could be done, the ordir�anoe r�eeded to be modified. Mr. Herrick stated that was correct, but the question is should they do anything. He stated there are U.S. Suprene Court cases trying to define what is obscene and what is libelous. He stated his origi.nal reoomnendatican -12- COUNCIL MEETING OF J[JI� 16 , 1986 was to E limirate the word "libelous" and leave in the word "obscene". Cotmclm� n Schr�eider stated there is a problea as a ntunber of people are complai� ing. He felt if the ordinance is adopted, the Council should proceed cautiously. He felt the ordinance should be adopted and have a declaral ory judgnerit to see what the �ourt decides. Mr. Her� ick stated he dic�'t have any prohlen with cbing this, but felt Iten D shoul< probably be eliminated fran the ardinance. Cr��cilr an Gooclspeed stated he would agree the CA�mcil should take a stand in the ' gray area" and let the �ourts decide. MOTION �y Councilman Schneider to waive the reading and approve the ordinanc e upon first reading to �nend Seetions 214.02, 214.05 and 214.15 of the Sigr Ordinance. Sewnded b� Councilman Gooclspeed. MfJTION �y Councilman Schneider to amend this proposed ordinance by eliminal ing Iten 7D under Section 214.05 which refers to libelous or obscene message: . Seoonded b� Councilman Goodspeed. Upon a voioe vote, all voting aye, Ma� or Nee declared the motion carried unanimously. NDTION t y Co�cilman Schneider to amend Item 7E, under Section 214.05 by renamin< it Itan 7D, and adding the worcis "or with the wnser�t of the aar�er" after t� e word "property". Seoonded by Cou�cilman Goodspeed. tipon a voice vote, a] 1 voting aye, Mayor Nee declared the motion carried unanimously. UPON A� OIC� VCIiE TAI�NN Q�1 �IE N�IN NDTION, all voted aye, and Mayor Nee declarec the motion carried unanimously. bflTION t y Co�cilman Schneider to refer this proposed ordinance change to the Plai ning Car�nission before the seoond reading. Seconded by Councilman Barr�ettE . Upon a vaioe vote, all voting aye, Mayor Nee declared the motion carried �ulani.mously. 18. RE9()LUT: ON NU. 50-1986 RELATING TO ASSISTING WINFIEID DEUELOPMENr. INC. _� IN OBTAINII G AN II�IDUS'rRIAL DE,VEI�C3P� BOI�IDING ALiAC,�TION BY FII�IDING THAT THE PR ECZ SITE WOULD 4UALIFY AS A REDEVEIAPMENT TAX INCREMENT FINANCING DI C _ Mr. QUrE Shlr City Manager, stated, by adopting this resolution, the Council allaas ti� infield Develogne,nt to oompete in the State Industrial Revenue Bond p�ol duE to the soil prokalens on their site. He stated, if the resolution is acbpt ed, this would be a first for the City in allawing a business to oompete far fuzding for soil prot�l.ens uider the States new rules. hDTION t y Cot,uicilman Barr�ette to adopt Resolution No. 50-1986. Seconded by �u�cilr an Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the moti on carried unanimously. -13- •• �� I . • : . �a7ou�tv%'lErrr: tK3TI0N by councilman Schneider to adjourn the meeting. Seconded by Gouncilman Goodspeed. Upon a voice vote, all voting aye, Ngyor Nee declared the motion carried tu�animously and the Regular t��eeting of the Fridley City Co�,mcil of J�e 16, 1986 adjourned at 10:15 p.m. Respectf ully sutmitted, Carole Haddad Willi�n J. Nee Secretary to the City Council rfayor Approv ed : -14- THE t1INUTES OF THE SPECIAL MEETIPJG OF THE FRIDLEY CITY COUNCIL JUNE 25, 1986 ,� ; MINCTl'F� OF T8E SPDCIAL 1�ETING OF THE FRIDLEY CITY OOUNCIL OF JUNE 25 , 1� �6 � Zh � SpeGial Meeting of the Fridley City Cbimcil was called to order at 7:38 p.; �, by Mayor Nee. PL �GE OF ALLDGIANCE• Ma: �or Nee led the Co�mcil and audienoe in the Pledge of Allegiance to the Fl ig. F�(J �L C.�L�L: N'�A'BIIZS HtFSFNT: Mayor Nee, Cbuncilman Barrette, Cb�mcilman Schneider, Q��cilman Fitzpatrick, and Councilman Goodspeed I�NBERS ABSFNT: None P,� )PTION OF AGE[�IDA: Ma �or Nee stated the administration requested two items be added to the ac �nda as follaas: (1) Consideration of a permit for a fireworks display fc = the 49er's on Jime 29, 1986; and (2) Consideration of (hange Order No. 2 fc : Street Improvener�t Proj ect, ST 1986-1 & 2. 2� TION b� Councilman Barnette to adopt the agenda with the above additions. SE �onded b� Co�mcilman Goocispeed. Upon a voioe vote, all voting aye, Mayor NE e declared the motion carried unanimously. � ANSFER OF CABLE TELEVISION FRANCHISE FROM SCI HOLDINGS. INC. TO NORTEL C� BLE AS.SOCIATES • 1� �or Nee reopened the public hearing, which had been continued on June 2, 1� 86, on the matter of the transfer of the Cable Television franchise. M� . Gerald Kazma, President af Nortel Cable Associates, stated there was a 1< t�' docunentation prwided at the last meeting and they have repl ied, in w� iting, to the prelimir�ry and final reports. Mr. Kazma stated a letter w<s reoeived frun Mr. Matz in which he raised three questions relating to lc cal origination, public access and super he+adends. M� . Kazma stated in regard to local origination, which is required under S� �ction 405 c� the Cable Franchise Ordinance, Storer suppl ies 2-1/2 peopl e f��r support of local programming and Channel 3 is set aside f or thi s p� .rg�se. He stated Nortel' s commitment will mi r ror Storer' s f or the r� mainder o�f the franchise term, and the nwnber of hours, personnel and ec uipnent they have will all be the same. Mr. Kazma stated he believed a a mmitmertt was made ta ti�� ahl.e T�3ev.�sion Ca�mission and Nortel will abide Y� the franchise and will �avide local origination programming and will a ritinue with the renewai o� the r�esa fr�hise. He stated this poirit is riot a: � issue with Nortel. �� _��. � �I�!?�_ ��_ • 11 � ' : . r - <;■ Mr. Kazma stated in regard to the seo�nd qu�estion raised tr� Mr. Matz, all acoess requiranents oor�tained in the current franchise will be honored by Nortel. He stated there would be one channel for publ ic access, one f or goverrment access and one for educational access. Mr. K3zma stated all equignent donated by. Storer will remain the property of access and be mairitair�ed pursuant to Section 405 � the franchise ordinance. He stated any additional equi.pnent or personnel r�eeds will continue to be funded by the franchise fees Faid to the City. Mr. Kazma stated they have noted the 5torer �nunitment for further grants to acoess and Nortel acknawledges and agrees to those in the reriewal franchise. Mr. Kazma stated the other question raised b� Mr. l�tz concerned the super headend. He stated they have decided not to utilize one super headend in St. Loui.s Park, Bloomington arx3 Fridley and will continue with individual headends. He stated Nortel will maintain Storer's support to progr�uning as it is now and accepts it as it pertains to any renewal agreanent. Mr. Kazma stated in reference to the fir�l report, it points out that Nortel has the legal and technical qualifications, but an area of concern relates mainly to financing. Mr. Kazma stated Amzak is willing to c�araritee all the pravisions of the franchise; haaever, Q»tryside Cable cannot offer that guarantee. He stated Countryside Cable is not an operator, but an investor and is guaranteeing $3,000,000 � the bank debt to acquire the franchise. He stated Co�tryside alsa has $1,500,000 more at risk in the franchise and Amzak has $1,000,000 guararrteed under the performance. Mr. Kazma stated this amo�mts to $5,500,000 in guarantees and comtciitme.nts. He felt this is all �e� can put at risk. He stated the system will have a franchise bond to back up their performance in the amount of $500,000 and this would be reduced to $100,000, after the rebuild. He stated they are ready, willing and able to tackle the job and one which the� will n�t neglect as they are directly involved. Councilman Schrieider asked Mr. Kazma if Nortel was willing to support a level c�f o�anitment similar to the existing franchise and to which Mr. Kazma ans�aer ed i n th e af f i unativ e. Mr. Matz, attorryey for the Cable Television Coirnnission, stated the Council has the final report. He stated it is recommended if this request for transfer � aanership is oonsidered, the Council should take into account the legal and f inancial aspects of the buyer. Mr. N�tz stated Nortel has sutrnitted ample cbcunentation establishing their legal qualifications to operate a cable television system in the City and, generally, l�elieve the� have the technical qualificati.ons. Mr. N�tz stated he has two questions which he believes, in part, have been ans�aered. Mr. Matz stated his first ooncern is whether the a�mpany adequately budgeted for headend oonverters to go to 54 channels as �rt of the upgrading. He stated the other ooncern was the level o� support the oampany would provide for local program�ning. He stated, based on his experience with the Cable Television (bnmission, he uzderstands the importance of local programming for this ��n�ity. He stated he thought the applicarit clearly identified -2- �i • ��, ! ,�i?+�! !�. �- 1J�� T'� th � level o� oonmitrnent to local progra�ning. Mr I�tz stated the financial qualifications of Nortel is another area of co zcern and perhaps the most signif icant for the City. He stated the up �rading will require expanding the channels from 35 to 54 and installing a3 iressa4le oonverters to all subscribers. He stated these are the two im �rtant harciaare improvenents to the systen. Mr I�tz stated, based on the review b� Don Richards, Financial �nsultant, Nc:tel's financial plan requires the achievement of basic service pe aetration of 54.6$ by 1996 compared to the present basic service pe �etration of 39.6$. He stated Storer's range was fran 36$ to 41$ and is 0o isistent with what is happening in the rest o� the metropolitan area. Mr. I� :z revisaed the basic service penetration percentages for other cable te .evision operators in the Minneapolis/St. l�ul area which ranged f ro�n 36� to 51$. Mr. Matz stated Nortel projects a rate increase o� 10$ in 1988 and 5� per year frcm 1989 to 1996. He stated Nortel projects a decline in the nu tber � enployees in Fridley fro�n 9 to 6 in 1988 and thereafter. He st �ted for all three systeqns, St. Louis Park, Bloanington and Fridley, No�tel projects a decline in total nuQnber of enplayees from 56 to 41 by 19 38 . Mr , Matz stated Mr. Richards ran some proj ections to demonstrate the se �sitivity of the financial glan to c�anges in the market. He questioned wh �t happens if they don't adiieve the projected graath. Mr. N�tz stated if Nc-te1's projected graath in the nunber af basic service subscribers for all th ree systems is off by two percentage points per year and all other pr �j ections are met, no managenerit f ee would be paid f ran 1989 on, def aul ts on tx-�nk loans would begin in 1990 and Nortel would need to raise up to $�,000,000 of additional capital to meet debt service and capital ex �enditure requirenents. Mr. Matz stated if Nortel is not able to increase ba sic service per�etration beyond the present level for all three systems, bu : all other proj ections are met, th� would run out of cash in 1988 and wc ald pay no mariagemenf fee frcm that date forward. He stated Nortel would al �o be in default on loan agreenents in 1990 and would need to raise up to $9,000,000 of additional capital to meet debt service and capital ex �enditure requirenents. He stated if the� don't meet thei r proj ections, th �re isn't a great deal � cushion. Ma �or Nee asked the risk to the oor�nimity. Mr. N�tz stated several things co �ld possibly happen. He stated the worst is they may not be able to make th � capital impravenerits or may want to renegotiate the franchise and reduce th � franchise fee or level of community programming. He stated another 00 �.sideration may be cutting operating expenses which oould involve custaner se rvice prwisions. He felt it may be wise for the Council to acknowledge th �t cable oompanies have errored on their projections. Mr. Richards, Financial Consultant, stated he felt the basic service pe �etration pra�ee�ions were the most vulnerable of the prestunptions and e� �ense proj ectic�s were fai rly tight. Mr. Richards stated if they don' t me �t their projections, he wondered haw much oauld be ait withaut affecting th e level af servioe. -3- ��. � ��! �� • 1J�� • • . �,1 A'�yor Nee stated he o�ulch�'t see Nortel investing this much capital without some guarantee. Mr. I�tz stated we aren't neoessarily saying they can't get to 54.6$ penetration in 1996, but what happens if they don't. He stated based on the analysis, it isn't the most pleasarit situation.� He stated when they looked at the different scenarios of the company missing their proj ected graath, the� pres�ned all �e other proj ectioa�s would happen. l�yor Nee stated if the Cb�cil gave wnsiderable weight to the financial rep�rt and there may be the poteritial for firr�ncial def unct, what would be the appropriate action. He questioned if they could deriy the transf er on the basis of an uzdetermined question. Mr. N�tz stated the Minr�esota statute states the ��cil cannot tnreasonably withhald their apprwal. He stated he would recommend a guarantee from PYnzak and Cot,mtryside s� that if Nortel cannot perform �nder the franchise, �Ynzak or (btmtryside will prwide the neoessaiy financial sup�ort. Mr. N�tz stated another alternative is, if and when, the operator comes back to the Colmcil requesting relief because the� missed their projections, the lending institutions should share in those cuts. ��cilman Schryeider asked if there is any way, at this time, to discuss the process that would take glace if �nzak requested relief. Mr. I�tz stated it would be difficult to address as there are no such circumstances at this time. Mr. Kazma stated their basic servioe penetration projections are for 53.5$ and not 54.6$ and this one percent oould make a difference. He stated in regard to the headend and addressable converters, they have budgeted for these expenses. He stated they rieed 5,000 converters in FridlEy and have a oom¢nitrnent to purchase then for $400,000. He stated, as far as the increase in c�annels, there are seven they plan to add in the r�ext year. He stated beyond these, there isn't a lot they oould put on and as stations come on the satellite, they will add. He stated they wouldn't take the headend equipnerit and thraa it away, but would add at a wst ranging fran $2,500 to $3,000 per charuiel. He felt both the wst for the oonverters and addition of �e channels was high in the financial report. Mr. Kazma stated he is caomfortable with the �nstruction figures. Mr. Chris Weg�ner reviewed the basic servioe penetration figures in other areas of the country which ranged f rocn 58� to 67$. He stated the Ztain G�ties is a relatively new market for cable television and their basic service per�etration is 41$. He stated most cable �npanies have problens in a r�w market in raising their service levels. He stated the franchising itself sometimes creates negative attitudes and once the franchise is awarded, operators oonceritrate on oonstruction so there may be some public relations problans at this time. Mr. Wegemer stated once the system is operating, steps need to be taken to geryerate subscribe r s and f el t th i s i s where the Ztain Cities has arrived. He stated Twin Cities cable companies are focusing on better marketing. Mr. Weg�emer stated Exhibit G shaas a gain of 3$ in basic service penetration in 15 months and in FYidl� alone, 3$ was c$ir�ed in two months. He stated -4- � � �,a f��_ ��. � 1��_ � i • th:y have trigled their marketing expenses and felt the 53.5$ penetration f i �ure was rea9onable. . 1� ►or Nee asked about Storer's marketing. Mr. Wegemer stated in 1984, a ty 7ica1 marketing ap�roach would be a mass mail er once a year. He stated wh az the� tripled the marketing expenses, the� went door-to-door and it made a ug difference. He felt some c� the marketing expenses may be reallocated fo � mass media advertising. Mr Dua� Peterson, Chainnan of the C�b1e Television Commission, asked if th �re would be a rental charge for the o�nverters or a deposit required. Mr Kazma stated the franchise prwides for everyone to receive a converter at no additional charge. He stated there would be an extra charge for re Zote �ntrols, but r�o c�arge for the wnverter or no security deposit. Ms Barbara Hughes, a manber � the Cable Television Gomnission, stated she wi �hed to call Nortel's attention to the fact that all access requi r�nents wc ald be honored, but the library was r�t listed. Mr. Kazma stated he is aw ire the library should be incl�ied, but was inadvertently leEt out of the le :ter. Ms Huc�es stated the school districts may possibly want access so there oo ild be request s f or sane addi ti onal channzl s. Mr . Dd Ka spsz ak, a menber of the Cabl e Tel ev i si on Comm i ss i on, di dn' t f eel so �e o� the catile systens in other areas of the country could be compared wi :h the �tain Cities as this is a different market. He stated Minnesotans ar � involved in other outdoor activities and television is competing for th sr time. He stated in the absence of a marketing plan, he finds it di `ficult to foresee a 53$ penetration. Mr Kazma stated he wel�ned Mr. Kaspszak's ornrnnerits, but did feel confider�t wi h their projections. Mr Richards stated there are two differerit penetration factors. He stated Fr .dley is now at 39.6$ and projected to go to 54.6$; however, all three sy stens oombir�ed (St. Louis Park, Bloanington, and Fridle�) are at 41.3� ancl pr >j ected to go to 53 .5� . Mr F�al.ph Stouffer, a manber of the Cable Television Commission, asked if Mr Kazma laiew that the reference to the access grant refers to the minimun an i not the maximun. Mr. Kazma stated he does reo�c�iz e i t and i t i sn' t a pr >bl an. Mr Mark Ne�mtian-Soott, of the AC�+1, stated he was impressed with Nortel's pr :seritatian. He stated their oonoern is the commitment to public access an 9 asked about Nortel's kx�ckgro�md in other systens. Mr Kazma stated their bacycgro�md i� in �oeal azigination. He stated they ha ►e made access channels and studia spa�e availatale� but the ac�cess wasn't th e same as he has �een it here. He felt th� City �s really doing samething -5- ��. �i� �� • 1��i ��Y•i� � that hasn't cauc�t on in other areas. Mr. Newman-Sv�tt asked about the rebuild in Fridley. Mr. Kazma stated the Fridle� system has to have the entire feeder cable reglaced and all of the 1 ine extender angl if ier s reglaoed. Mr. NewmarrSoott asked haa mariy of the 54 c3�annels would be useable. Mr. Kazma stated probably 52. Mr. NE�,nnarrSoott stated he warited to see the compariy succeed and wouldn't ask for another studio or spaoe, but a sizeable amount of equipnent would need to be reglaced within the r�ext several years. He stated Storer has been good about the mairitenance and hoped Nortel follaws suit. He stated the Workshop looks forward to working with Nortel. He also stated the Workshop was diosen as the nunber one access channel in the o��try and will be reoeiving an award in San Francisoo. Mayor Nee stated this award by the Workshop is a great credit to all of those involved. Mr. F�ul Kaspszak stated a ooncern was an intero�nnection with surrounding systems as a representative � the school district had mentioned it this evening. He felt this was a major question which should be ac3dressed. Co�cilman Barnette stated this really isn't a new issue. He stated the schools wanted an intero�nnecting systan for mariy years. Mr. Wegemer stated they haven't done an interconnect with the school s because other catale operators are involved and it takes a joint effort. Mr. Kaspszak asked if this wuld be o�nsidered in the rebuild. Mr. Kazma stated he r�eeded further information so they oould review it. Ms. Huc�es stated she hoped Nortel would commit to having a system where there are personnel to answer complaints and to provide prampt repai r service. Mr. Kazma stated they must give good service and this is their number one priority. He felt Chris Wegemer has c3one an excellent job in the last year or so and would ooritinue this oomanitrnerit s� they don't lose subscribers. Mr. Wegemer stated th� are investicfating an on-lirye oomputer system which would f ree a tranendous amount of manhours for communication with the custaners to make sure they are satisfied. O�uncilman Schneider stated the proj ections show a decrease in empl ayment and asked about the cuts in personnel. Mr. Kazma stated it is a matter of re-degla�ing and Fridley probably wouldn't lose any anpla,�ees. He stated in Blocmington they are making local origiration self-sufficient. Mr. Kazma stated for budget pur�:roses, they have elim�nated four peogle. He stated, at the present �ime, there is enou� work in the overall system that is sub- contracted and felt these people should be hired. Mr. Kazma stated when -6- • , � ly_�� 1� • ��I ' : . the� install the aamputer systen and beoo�ne more efficient, it looks like the re o�uld be a reduction in enployees in this area. He stated nothing woL Ld be cbne to cut the peogle invalved in the argoing copstruction. He sta ted even thouc� they shaa a drop in six peogle, they probably wi11 engloy an additional six and get out of the contracting business. Mr. Kazma outlined other possible areas for additional revenue which covered inv estmerit o� the cash flaa irito money markets, pay preview for which he oo� ld see at least $50,000 fran this industry in a two year period, and adv ertising on the satellite diannel. Mr. Kazma stated Nortel is odmmiting a guarantee and guaranteeing Citizen's Fic �lity Bank $3,000,000 on the bank debt, as we11 as oommiting $1,500,000 in cash in the limited partnership and $500,000 to the franchise. (bi �cilman Barnette asked the value o� the cable systen. Mr. Kazma stated the� are paying $23,000,000 and spending $7,000,000. N�� or Nee asked what kind of guarantees would be reasonabI.e or pruderrt.. Mr. I�t z stated under the existing f ranchise and the one Nortel would ass�une, th� re are several requireqnents. He stated one requirement is for the $1(,000 cash security f�d and the other requirement is $100,000 for the fr�nchise borrd which was negotiated as a result of the Ki�t transfer. He st� ted, in addition, at the time Nortel aocepts the franchise renewal, the $1( 0,000 bond beoomes $500,000 during that period of time for upgrading the sy: ten. He stated when the upgrading is completed, Nortel notif ies the O�incil and the $500,000 bond then reverts to $100,000. He stated the ather gu� rantees are fran various parties invalved with KI�t. Mr, I�tz stated if this transfer is appraved, the Council should look for gu�.rantees fro�► Amzak and Countryside Cable. He stated it is his �c erstanding the applicant is willing to provide the guarant.ee from Amzak, bui has difficulty with guarantees fran Countryside Cable. Mr� Kazma stated Amzak has assets and other systems, and Countryside has ba� Jc debt and also assets. He stated they have more borraaing power than th� y have used. He stated the� have a capacity to borraa based on the cash fl� �a in systens the� aan elsewhere. No other persons in the audience spoke regarding this proposed transf er of th� � cable television franchise. ND"ION b� Co�cilman Fitzpatrick to close the public hearing. Seconded by O�� mcilman Schneider. i]p�n a voice vote, all voting aye, Nhyor Nee declared th� � motion carried unanimously ar�d the public hearing closed at 9:32 p.m. � mcilman Barnette stated he was impressed with the p�eseritation and had no ob� ecti ons to the transf er . O� mcilman Schneider stateri he appreciated the last �er�ts fran Mr. Kazma wh .ch he believes are open anc3 honest. He stated he would still like to see so� ie form � guara�ntees and �a�)ced to staff �co se�e if the Amzak yuararitee is ad �uate. He stated assuning it is ac3equate and, with the �ders�tanding of -7- �� ' � • � the o�mnitrnerits that have been made in the record, he would support the tr ansf er. � I�yor Nee stated he felt everything coulcfi't be put on paper in this s�rt of relationship. He felt an assessnent had to be made rn whether or r�ot Nortel is tolerant of the aomQn�ity's goals in addition to their aan. He stated he is ooncerned they may not make their p�ojected peroentages for grvwth, but as long as they �mderstand it, he is prepared to support the transfer. O�uncilman Fitzpatrick stated a great deal depends on the proj ections of subscriber increases and the proc�osis isn't t��questianalaly good. He stated he has seen figures where it may not be p�ssible and figures where the� meet their projections. He stated it isn't awfully oonfident o� the total ntmber of subscribers for then to operate in the way the� wish. Q�tmcilman Goodspeed stated he was going to put his trust in Nortel and didn't see any reason to stand in the way of what they are trying to ac�npl ish. Mr. N�tz stated he would oontinue to reoommend pursuing guarantees frcm both P�nzak and Co�mtryside and would like the opporttmity to pursue it further. Mayor Nee questioned why guarantees are needed f rom both Amzak and Co�mtryside. Mr. Ric�ards stated Amzak is 100$ owned by Mr. Kazma or his family and Cotmtryside G�ble is also a fanily aar�ed company, but Mr. Forbes ownes 5$. He stated Co►uitryside is approximately five times the size c� PYnzak in terms of total assets. He stated the bulk of the assets aren't liquid, but Amzak has liquid assets which are the kind th� look to in order to provide any assistanoe Nortel may require. Mr. Richards stated Amzak appears to have borraaing pc�wer and Co�mtryside has tr� far more assets and probably would have better poterYtial cash flaa fran those assets. He felt the character af l�rizak could change in the r�ext several months so they are recommending to look also at Countryside because th� are larger. Mr. Kazma stated Co�tryside Cable is not an awner in the system, it is a limited g�rtner. He stated there is some question if the limited partner can guarantee the performance � the general Fartner and still be a limited partner. He stated Co�mtryside aaes $12,000,000 to the Maryland National Bank and doubts if thEy would allaa then to c�arantee because they are not the aaner. NDTIDN b� Councilman Schneider to instruct staff to prepare the resolution and necessary doctanerits to transfer the Cable Television f ranchise f ro�► SCI Haldings, Inc. to Nortel (�ble Associates prwiding the rnoessary guarantees are reoeived fran Amzak and that Amzak will erYter irito a renewal franchise as appraved b� the City. Seo�nded lx Councilman Barr�ette. Upon a roll call vote, O��cilman Schneider, Councilman Barnette, Mayor Nee, Councilman Fitzpatrick and Cowzcilman Goodspeed all v�eci in f�r�r of the motion, and Mayor Nee declared the motion carried unanimously. . m � � �� _ � �,� :. �N>IDERATION OF APPRUVAL OF A LICENS FOR THE FRIDLEY 49ER'S FIREWORKS �I,� �I,AY ON JUN£ 29. 1986 : ' NDT ppN by Co�mcilman Schneider to approve the lioense for the Fridley 49er's fir �aorks display on J�e 29, 1986. Seoonded tr� Councilman Barnette. Upon a v�ice vote, all voting aye Mayor Nee declared the motion carried una umously . � CQ "IDERATION OF CHANGE ORDER N0. 2 WITH H& S ASPHALT, k'OR STREET IMP tDVII�lEI�TTT PR0.7ECT. ST 1986-1 & 2: NDT [ON b� �imcilman Schneider to approve Change Order No. 2 with H& S Asp ialt for Street Improvenent Proj ect, ST 1986-1 & 2, in the amount of $12.080.00. Seconded kyy Councilman Goodspeed. Upon a voice vote, all vot .ng aye, I�yor Nee declared the motion carried unanimously. OQN 'ERII�ICE MEETIIVG. JULY 30 . 1986 • Mayor Nee stated a request was received that the Conference Meeting sch:duled for July 30 be car�celled. None o� the Council menbers objected and staff was advised the Co�mcil would not meet on this date. • � ��1�►�► N1�7ION by Councilman Schneider to adjourn the meeting. Seconded by �u icilman Barrette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Special Meeting of the Fridley City Cbu icil � J�e 25, 1986 adjourned at 9:47 p.m. Res �ectf ully sutmitted, Ca r al e Hack]ad, Sec :etary to the City ��cil ApF:oved: �� Wil l ian J. Nee, I�yor P[7BLIC HEARING BEFORE �iE QTY �t)la,"II� Notioe i > hereby given of the C lty of Fridley rbnday. Tuly 7 , 1986 ' that there witl be a Public Hearing of the City Council in the City Hall at 6431 University Avenue Northeast on in the Council Cha�nber at 7:30 p.m. for the purpose of : Con sideration of a Final Plat, P. S. #86-02, Creekridge Plat 2 by Ric lard Brickner, �cmas Blomberg and the City of Fridley, being a reF lat of that part of the West one-half of the Northeast Quarter of Sec :ion 13, T-30, 1�24, described as follaws: Commencing at a point whi Mh is 742.5 feet North of the Southwest oorner on the West line of sai � quarter section and 467.5 feet East on a line which is parallel wit � the South lirbe of said quarter section; thence East on a line p�r 311e1 with the South line of said quarter section a distance of 41�.5 feet; thence South at right angles and parallel with the west lir e of said quarter section 107.25 feet; thence West parallel with fii st oourse a distance of 412.5 feet; thence North a distance of l0i .25 feet to glaoe o� beginning, containing one acre and two and or� -half rods more or less ac�rding to the GwerrYnent survey thereof, al: � described as part of Lot 6, Auditor's Subdivi.sion No. 10 and now kncan as Lot 14, Revised Auditor's Subdivision No. 10, except the East 24� feet, front and rear, acoording to the plat thereof on file and of rec �rd in the office of the Registrar of Titles in and for Anoka Cot nty, Minnesota, and also that gart of Lot 6, Revised Auditor's Sut division No. 10, described as follvws: Co�unencing at a point 467.5 feE t East of the Southwest wrner of said Lot 6; thenoe North parallel wii h the West boundary line of said Lot 6 140.25 feet; thence East �� allel with the South boundary line of said Lot 6 412.5 feet, more or less, to a point in the East line of said Lot 6; thenoe South along th� East bo�dary line of said Lot 6 140.25 feet to the Southeast co� ner of said Lot 6; thence West along said South boundary line to th� � point of beginning, EXCEPT the East 249 feet, front and rear, aa �rding to the ptat thereof on file and of rewrd in the Office of th� � Registrar of Titles in and for Anoka dounty, Minnesota, and also al: of Outlot A, Dennis Addition, excepting theref rom the East 249 fe� �t and excepting therefran the West 417.5 feet, acoording to the map or glat thereof on file and of reoord in the office of the Registrar of Titles in and for Anoka County, Minnesota, and also all of Lot 1, Bl� ►ck 1, Hidden Woods, and also all of Outlot 1, Block 1, Gena-Rae Ad� lition, all lying in the North Half of Section 13, �30, R-24, City of Fridley, Qo�ty of Anoka, State of Minnesota. Any and all per9on desiring to be heard shall be given an opportunity at the above s:ated time and plaoe. Publ isl, : J�me 23 , 1986 Jl.me 30, 1986 LER(7Y OQUIST VICE-Q3AIR PLANNI� Q?NII�IISSION t1 1A RICHARD BRICKt�ER P, S, ��36-J2 ST I Pl!LAT I O�iS 1� MF, BRICKNER TO PAY THREE PARK FEES OF $I,SOO EACH WITH FIRST TFREE OF FOUR BUILDING PERMITS� Z, PEVDING ASSESSMENTS PLUS INTEREST TO BE PAID WITH THE BUILDIN(= PE�MITS ON TRACTS C AND �, CITY OF FRIDLEY PLANNItJG C0�'CIISSIOt� MEETIWG, JI1NF 4, 1Q86 CALL ' '� ORDER : Actin�i Chairperson-Kondrick called the June 4, 1986, P1 ning Comnission r�eeting to or�er at 7:34 p.n. ROLL � ;ALL: t�lenbe �s Present: �1er�be� s Absent: Other: Present: APPRO' AL OF Dave Kondrick, Dean Saba, Donald Betzold , LeRoy Oquist, Sue Sh�ek rd Svanda (for lJayne IJellan), Jim Robinson, P1 ning Coordinator Jock Robertso Community Developnent �irector �lyron Ostlu , 140� 6Fth Ave. �J.E. Richard B ckner, 1233 12th Ave. N.lJ., R. Podv' , 1391 �lississippi St. N.E. Jon achel Gottwald, 1415 Hississi��i Ro t& Doris ��elson, 1439 Nississippi eph Menth, 1388 66th Ave. N.E. 28, 1986, PLANNI��G C(X1�1ISSION MItJUTES: New Brighton St. N.E. St. N.E. 16 MO'_^IO! �MR. SABA, SECOPIDED BY MR. SVAIPDA, TO APPROVE THF, MAY 28, 1986, PLANNING CO:fPfI' ION MINUTES AS D;RITTEPI. U N. VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPF,P.SON KONDRICK DECLARED TXF. OTIO: CARRIED UNAIJIPIOUSLY. 1, PI fiLIC HFARItJG: CO'dSIDERATIfIl� OF PRELP1I�JARY PLAT, P.S. #86-02 CRFFYRIIIGE P1 I H Rf� RICY.P�ER, HO�tAS L �1BERf,, ��D HF CITY F FRIDLEY: C�nsi eration of a Pre iminary P at, P,S. 86-Q2, Creekri qe lat hy R�chard Brickner, Thomas [3lomberg and the City of Fridley, being a rc�plat of tl at part of the lJest one-half of the P�ortheast Quarter of Section 13, T-3�, R• 24, descri bed as fol l o►•�s : Cornmenci ng at a poi nt whi ch i s 742. 5 feet rJorth o� the Southwest corner on the 1•lest line of said quarter section an�i 467.5 feet E�st on a line which is para)le? with the South line of said quarter secti�n; tlence East on a line parallel with the South line of said quarter section a d�stance of 412.5 feet; thence South at right angles and parallel tdith the wESt line of said quarter section 107.25 feet; thence I�est parallel with first ccurse a distance of 412.5 feet; thence tJorth a distance of 107.25 feet to p�ace of beginning, containing one acre and two an�i one-half rods more or less according to the Government survey thereof, also described as part of Lot 6, A�ditor's Subdivision No. 10 and now known as Lot 14, Revised Auditor's Suh- d�vision ��o. 10, except the Ea�t 249 feet, front and rear, according to the p� at tf�ereof on file and of record in the office of the Registrar of Titles ii and for Anoka County, Minnesota, and also that part of Lot 6, Revised A�ditor's Subdivision No. 10, described as follows: Commencing at a point 4t7.5 feet East of the Southwest corner of said I�ot 6; thence ��orth parallel 1C PLANNII G COta1ISSI0N MEETIN(;, JUNE 4, 1986 P_AGE 2 wi�h the West boundary line of said Lot 6 140.25 feet; thence East parallel wi�h the South boundary line of said Lot 6 412.5 feet, more or less, to a �oint in the East line of said Lot 6; thence South along the East boundary liie of said Lot 6 140.25 feet to the Southeast corner of said Lot 6; thence We�t along said Sou�h boundary line to the point of beginning, EXCEPT the Ea�t 249 feet, front and rear, according to the plat thereof on file and of record in the Office of the Registrar of Titles in and for Anoka County, Miinesota, and also all of Outlot A, Dennis Addition, excepting therefrom the Ea�t 24Q feet and excepting therefrom the West 417.5 fPet, according to the ma� or plat thereof on file and of record in the office of the Registrar of Ti�1es in and for Anoka County, Ninnesota, ar�d also all of Lot 1, Block l, Hicden lJoods, and also a11 of Outlot 7, Block l, Gena-Rae Addition, all lyinq in the North haif of Section l3, T•30, R-24, City of Fridley, County of Anoka, St�te of Minnesota. MO'.ION BY MR. BETZOLD, SECONDED BY MR. SABA, TO WAIVE THE READING OF TN.F. PUi LIC HEARING P70TICE. UPCN A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON DECLARED THF. MOTION CA1 RIED UNANIp!DUSLY. INO� IpN BY MR. SABA, SECOIIDED BY MR, SVANDA, TD OPF.II TNE PUBLII' HF.AA,INC. UPC h' A VOICE VOTE, ALL VOTING AYF., ACTING CHAIRPERSON KONDRICK DECLARED THF, PUELIC HEARING OPEN AT 7:36 P.M. P1r, Rohinson stated the property �vas located north of Creek Park Lane an�i ea�t of Centra) Ave, Proposed was a replat of four parcels, 2140, 1620 all of Ou11ot 1, Block 1, Gena-Rae Hddition, and Lot I, alock 1, Hidden Woo�is. The re�lat was being requested primarily hecause two large lots could be sub- di�ided into four buildable lots. In order for lot 1f2f1 to gain access to CrEeF: Park Lane, an easement must be granted across the northeast portion of Ou,�lot 1, Block 1, Gena-Rae Addition. The City would retain o►•mership of that poition of the property. Ptr, Rohinson stated that lot 1620 was currently being assessed for sewer an�! waler and street for two lots. t1r, Richard Podvin, 1391 Mississippi St. N.E., asF:ed that if the City retaineci owrership of that corner of the property in order for driveways to access onto CrEek Park Lane, who held liability for thasP drivea►ays--the City or the hor eo►,rners? Mr, Robinson stated the City was just qrantinq access easement, and it N�ould be the owner's liability. It wasn't any different than anywhere in the City whEre driveways cross city boulevards. Mr. Podvin stated he would like to state the following questions as "foocl for thcught" for the Planning Cormission members: 1D PLt1^1NI IG COMMISSIO�� MEE7ING, JUtjE 4, 19f36 _ PAGF � 1. IJhy would the son of a successful developer purchase landlocked property on t�ovember 15, 1983, unless he knew in advance that there would be a way to open up the land? ' 2. Qid the fact that the school was p�t up for sale on April 14, 1983, have anything to do with his decision to buy the property? 3. How else could hP open this land without the corner of Gena-Rae? 4. Did it help to have his father, Tom Brickner, appointed to the Sites and �isposition Cor►�nittee of the School Roard on Dec. 14, 1982? 5. �id it help him to have his father suggest to the City that thPy obtain Gena-Rae as a park knowing the road would be built to thP north? 6. The City had a choice of running Creek Par4� Lane to the north, thus landlocking lots to the south, or runnin� it straight east ancl west, and landlocking land to the north. Was the road run to the north �because Brickner owns land there? 7. Did 6ricl;ner offer a snall strip of land for a walkaray in exchanc�e for the corner of Gena-Rae? 8. The walkway is approximately 2500 sq. ft. in area. The corner is approx.3000 sq. ft. Is that a fair exchange for the taxpayer? 9. At the time Gena-Rae was condemned, the City ultimately pa�id the owners 76.5� per sq. ft. Usin� this as a figure, the Brickner strip is worth apprQx. S1,912. The corner of GPna-Rae, bein� approxi- mately 8,000 sq. ft., is worth approximately �6,12�, leavinn a difference of S4,208. Is Brickner going to pay the taxpayers thA difference? 10. On November 21, 1983, �1r. Boudreau stated,"The City needs a minir�um of 3 to 5 acres." The park presently is down to 2.28 acres after subtracting the holding pond, the street, and the upusable 9 foot strip to the north of the street. The Plannin� Commission is no�•� considerin� a plat submitted by Richard Brickner which ►yill reduce the parl: even further, to a total �f approximately 2.1 acres. Doesn't the City of Fridley have an engineer on staff cre��tive enough to make use of the corner of the �ark for the children of this area? 11, At this time, somebady is a7ready buildin� a house on the Rlomherg lot inc)uded in ti�e preliminary plat you are considering tonight. Beca�ase Richard Brickner submitted this plat, we assume he is the one building. How can he be buildinn when his plat has not even had preiiminary approval yet? 1E PLANN', t�G C�iHISSI0IJ MEETI��G, JUNE 4z 1986 PAGE 4 12. Based on all of these possibilities, could one not assume that the acquisition of this corner was cut and dried as far_ back as 1983? 13. Mayor Nee, in 1985, gave me his personal word that the corner in question would always re�ain a part of the park as long as he was Mayor.� Is he still the Mayor? ��r, Joe 1lenth, 1388 66th Ave. W.E., stated he shared sor�e of the same concerns ex�reseed by Mr. Podvin. He stated he was primarily concerned with the two lcts from this subdivision that would face 65th Ave. He stated that currently all the hor�es alonq 6Fth Ave, are sinqle story dwellinqs that have been there fo- about 30 years. He would be concerned with continuity in the neighborhood ani that homes not be bui]t that would be out of character such as two story ho �es or spli t entry homes. Mr, Richard Brickner stated he had no plans at this time for these houses, but he would keep Hr. Menth's concerns in mind. Mr Rohinson stated the City cannot requlate the style of a house. If Mr Brickner chose to build a certain style of house, that was up to hir�. Mr �1enth stated he would strongly urge Mr, Brickner to consider building siigle story houses on 66th Ave, to maintain continuity in the neighborhood. �1r Kondrick statPd that �1r. Podvin had sane very valid concerns, and he urled �1r, Podvin to express these concerns to the Citv Council also as the Ci,y Council would make the final decision on this preliminary plat. Mr Podvin stated that because the City of Fridley felt it needed 3-5 acres of land for a park, the Gena-Rae property was condemned to use as a park. He stated the neighbors had a promise from Nasir� Qureshi, City PlanagPr, that ev�ry square foot of this land would remain a park forever. I�e stated he had wi�nesses to that statement. It was his feeling that when lanci is taken for a �ark, the land should rer�ain as a park and not be given away lust so t�1r, arickner can build houses. He stated it was sad v�hen tax revenue was mo�e ir�portant than children in a neighborhood. P�itting driveways across th�t cor�er of land would make it unusable for children. This w�s thP bu�lder's probiem, not the City's or the other property ovrners'. He stated it was unbelievable that the City of Fridley would give away a corner of this park land for free. The taxpayers paid 56,200 for tl�at piece of land, an�i no� the City wants to give it away so sor�eone can build on ta�o lots and put twc driveways across it. Mr. Menth stated he had attended the meet�ng vrhen the City said they had to hatie a certain amount of area for a park, whether it came out of the Rice Creek School property or somewhere else. Ne felt this corner piece of pronPr*v co�ld he used as a tot 1ot or so�ething. Mr. Robinson stated he questioned the safety of having a part of a park across the street from the main part of the park. Ne stated �ir. Brickner's pro�erty is �eing assessed, and he should be al�owed to build on his property. 1F PLANt�I'�G C�IMHISSI�N MEETIWG, JUNE 4, 1986 PAGE 5 Mr. Podvin stated that by granting this easement, the City would be openin� up the north ]ots, but the south lots were still landlocked. He�stated there we�e people in the audience whose double lots were landlock�d because of the war Creek Park Lane was put in, a�d they are not happy about that. Mr. Brickner stated that most of the things said by F1r. Podvin had nothing to do with him personally. He stated with the easer�ent he could builci on tw� lots. He could still build two lots on 66th Ave., and if he is not allowed the easement onto Creek Park Lane, he would want to make sure the as>essnents are taken off that propPrty. t1r, "lyron Ostlund, 1400 66th Ave., stated that when the Rice CrPek School pr>perty was developed, it was developed on the basis of openinc� up as much la�dlocked land as possible. The way Creek Par1: Lane was developed did open u� five lots. 1�f0'ION BY tlP.. SABA� SECONDED BY MR. BETZOLD, TO CLOSF. TKE PUBLIC HEARIIIG. UP >N A VOZCE VOTE, ALL VOTING AYE, ACTING CHAIRPEP.SON KONDP.ICY. DECLARED TH1' PU tLIC XF.AFtING CLOSF.D AT B:20 P.M. Mr Svanda stated this land was conder�ned for use as a park. 1Jhat limita- ti ms did that place on the City for uses other than a park; in this case, an extension of new homeowners' front yards? Ftr Rabinson stated that in discussions with the City Attorney it was expressed thaC the City was fee owners of the property and, as such, would be authorized to gran ea�ements. He stated he did not know if the land was condemned for a�ark or a public purpose. The corner piece of propPrty right now is not doinc� the ci:izens much gaod. It is basically unusable and is landlockin� usablP R-1 pr iperty. t1r Svanda stated he did aqree with t•1r. Robinson that to utilize this c�rner pi��ce of property across the street from the main part of the park wnul�i not be very wise. Mr Betzold stated he was uncomfortable with the City retaininq fee ownership of a piece of property that was of absolutely no benefit to the City but was of benefit to the landowners. There may be sone valid reasons for retainin� th� fee ownership, and maybe those reasons should be addressed at the Ci±�� Co� nci 1 meeti ng. Ne di d not 1 i 4�,e to see property 1 andl ocl;ed, and there aras th� option to either expand the par� on both sides of the street or go aheaci an� allow the landlocked land to be developed. Mr Kondrick stated he was the Chairpersoc� of the Parks & Recreation Commission, an� he shared some of the same concerns as the nei�hbors about this park. Ho►�ever, he did agree with h1r. Betzold about ±his triangular piece-of pro�erty; anc since there did not seem to be any use for it, it might as well he used 1G PLANNI JG COt1�tISSIO�� NEETING, JUNE 4, 1986 PAGE 6 fo• access onto Creek Park Lane and open up the two lots for development. He stated that if it was advantageous for the new lots, he felt that tr'anc�ular piece of property should be purchased by the homeowners or the de �el oper. Mr Saba stated he agreed with that. Mr Robinson stated the issue of sale versus the granting of an easement was an issue that would have to be taken up by the City Council. ld0 'IDfJ BY MR. SABA, SECONDED BY MR. SVANDA, TO RECOMMEND TO CITY COi1NCIL AP,'ROVAL OF PRELIMINARY PLAT, P.S. �86-02, CREEKRIDGE PLAT 2 BY RICHARD BR.'CKNER, THOMAS BLOMBERG, AND TXE CITY OF FRIDLEY, SUBJECT TO THE FOLLOWING ST. 'pULATIONS: 1. THAT THE PROPERTY BE SOLD TO TNE DEVELOPER SO EASEMENTS ARF. NOT NECESSARY. 2. MR. BRICKNER PAY THREE PARK FEES OF 51,500 EACH FIITH FIRST TKREE OF FOUR BUILDING PEA.MITS. 3. PENDING ASSESSMENTS PLUS I1�TEREST TO BE PAID WITH THE BUILDING PERMITS ON TRACTS C AND D. UPCN A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MO"ION CARRIED UNANIMOUSLY. Mr, Kondrick stated this item would go to City Council on July 7. — 2. El EIVF. MAY 20, 1986, EP�VIRON�IENTAL QUALITY COt1MISSIO�� MINUTES: P1ii u�s� not available at the meeting. 3. OTI ER BUS a. Proposed Ordil�nce Change - Dean Saba htr. Saba stated he uld like to recommend that the Planninq Cortmission consider recommending City Council a change to Ordinance No. 115.�1.7 regarding Swimming Pools. e stated one problem with the ordinancP is that it treats above ground d below ground pools the same as far as the height of fencing. Mr. Saba stated the State Code requir 4 ft, fencing, and so do most of the surrounding cortgnunities. What the c ent code is doing is forcino people to build 6 ft, high fences around th ' yard or pool in addition to existing fencing for the express purpose o eting code. He stated it was virtually impossible for a child to walk i a yard and fall into a pool that is already 4 ft. h�gh (above ground pool . - Mr. Saba stated he felt the fencing requirement should be nged. He stated he had no problem with any of the requirenents for bel ground pools; his objection was to the fencinq requirement for above qr d , �` � � I �� ` � ►~ R ' � 1 cn /�► �(�) ' I �. 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Y' •�.' t•�� ' , i. , 3 jo 1 ei � � � �k. . 4 w. - �M::1j L,. � T � � • �,. - °es. - - . �`�' iea.15 _ fe .i`�' "'i !�¢ '�. _L i�t -.L ' - t� i84 - - '- °, . • �EN TE 'EC. / �\ 13 � �� ' " _ . . _ . � ,,. .. . . ., . _ r°�PO POSED � f�EG/S TEREI� L A 11/,� SU�1/EY P.S. #86-02 Creekridge Plat 2 —'a'6� /�4 . - - — — � .� —�-- � � ��Y07 q, DENN/J A��. 1 � A B 1 . N N �IK J w , � ' �. �� / l : � ' � .� t - '�'/ � .� li L _ [_ �,. K 'r" F I �� ' I : �� h s s7 --1. c� ,.: 9s �� n � � L�,', �. I � /�f " � 4 ��r- . /, (/�/ \ � Q � �I� D C ;i ,� �' T -Y�e----�,:• �.»_ � ; .� .-� �.,�}�.c' � � — C� �l� N . � � �: .5�./i: /"�CD� L � T -�i go a� �j �' :.j 1 ,y �. L ANE �, \ E y �---- -- �` � �' q � � � `J / �• I P . -:. � Q . o � r:;r� ., � B � t• �: • :. C� % s. � �� j� s� i.% / i I i`� o �"� 1 C.QEEK `^ �.' � o �. � � � f � � \ �, i � t�, q �- . • �� :, , � � � ; �` � , t , � 1' �` ' I _ ' ,� � 1 , �- � �, ,r%•.seiiPf.c� .• Lo f 1, B/o�i 1, /i/iis�en /i/eo�t�. �v//.f 1, G�•so -�oe A��.�f.o.r; �.�t .f D..t/.f A, IJiw,�.r /9�o�:fre.�; �so�t ej L•�s 6�...� /!; Rarite� A�+/:%.S S�S� N�. !D. ��✓.��r.s.• /Qiefia� B�.cknri /2j3 /Z sw' A✓e. N. i✓ Nt»� B�-��/►liiw SS//.Z c, �y .�' F�,dr�y . T/,OMIJ E. BIOw�OQI, Ncfc �7,s;o..�er a.e �`. h � ;.,,, 1 � J `' � . r `�� `� �- � � � � � bl PreP:.r.� Br �ON.9L � .F MEYE� Loird Svivty oi- 98.� ,rers:� sY sf Aw/ ts�o/ r��, zo, i9e6 f�'/�/8/T �3 " SAV #86-01 Leslie Kohanek ,� ;�� r► ; �.� �.� AN QRDINANCE UI�IDII2 SECrION 12.07 OF Ti3E CITY C�IARTER TO VACATE S�,TS ArID p►LL,EYS AI�ID � AN�TD APPENDIX C OF THE CITY �DE The City O�uncil of the City of Fridley cbes ordain as follaws: SEGrION :. Fbr ttie vacation of a drainage and utility easement described as follaws: Vacate an easement for drainage and utility purposes over t'tiat part of the west half of the vacated Gumwood Streeet iying between Biock 5 and 6, Ck�away and bounded on the north by the westerly extension of the north 1 ine 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. All lying in the south half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION :. The saici vacation has been made in conformance with Minnesota Statutues and pursuant to Section 12.07 of the City Charter and Ap�pendix C of the City Code shall be so amended. PASSID Al D ADOFrID BY �iE CITY �IJNCIL OF ZHE QTY OF FRII%,EY THIS DAY OF , 1986 WILLIAM J. NEE - MAYOR ATTF.ST: SHIRLEY F. HA�IPALA - CITY Q,ERK Public Hearing: June 2, 1986 First Re�3ing: June 16, 1986 Seoond R� ading: Publicata �n: 2 ;�.� r`; ..� ;\ � ' I � . , so, r r. � , �� E � , �` '� � � . . ; ,f .• ' '�� , � � � � ET ' , _ _ .:� . . ..^ . ' � 2, 1 s� � � � �� •3�.;, 3Z a� �s`1P `ti1t� { ( i3Y 1 i J�� Gi, f"'� , �., i� . • t : � ' : ; � i �� ti : , ��i r1'�• �� i� .,� ii;,G /.! /�✓ F i9(1�� i, • I � � �`' I,; �, �� - � :"� — � - w, � `� a r � . �e B� ,� . c,� -�. � ,.. �..� f f 4 RUN T�� SAV #86-01 i Leslie Kohanek �� i t • �. � �,. ��r' I I �4 � � � � . �i•.•iN , . ,•, � ..a � ! I►+o . - - - � \� - . ;: � ADD. � � � /� /� Y � < w t �� , i�� , 2 A � .. 1 ; I � ,, y �., . ... �. �rss. ' � � � � I i � f- �� i � I � I iy� I � i � �_�� r� � � I 1 �/' , i : S-. i. � .� � � . , � �' ' ` , - `. � �i� �' h � � t � � � . �l - ' r — -- ... _ . . _. _ _ — - •,�— !/!K � .� �� `� '� /i�"�If—�-- - — - –"- . - - Q .�� fi.�r a��i�.�E', • K /I t //I i tQ�i: � �1I ! � � ' � q �(; I ~ � i �6 � ! ♦ . . _ -� � •r -fil-�� ' �' ; W ' / � � 2 p W � .�.► 1 i i�,� o � -� W — - �-- W� : ��_`__ 4 � ZO `I S y. zC S N � � . ,�/`"'A . \ _. _ _ �` . � - , ., , .� . ��• ' � - �� ' _. �, � '� . , � � 1 i •. � � �• . �� . � �� . p �,�, PEAR�'CX1f'S. �;<<<...,..-�, �� ° < .�:� . � ' � 0 ,'%+ . - � ` � � � � •° ` .� � '' N� � 1 '\`' : � w � � I � , \ 1, � � ADD. .._. _ �, . • , � , �� , ,. .:.. ,� I :.t�� .�._ . ��... .�t:�� ti-. '� �� s� i.�...�✓ n�r H ^�"'�' �� /NE N U E ---��— ;,. . . �� r. \��, , ��w LOCATION MAP • �, � � . t� � 2B � 4. COt: IDE ZATION OF FIRST I:� OF Ai� OF�itVAN�:t� rvx A vAC;A�r� ��'" ;Y IACF+TID AT 75 - 77TH jr�,Y N.E.. BY LESLIE KOHA."�C: t•UTION � Councilman Goodspeed to waive the first reading and approve this ordir�n �e u�n first reading. Sev�nded b� Cotaicilman Fitzpatriek. Upon a voice � ote, all voting aye. Mayor Nee declared the motion carried unanimo �sly. �. ' IDE ?ATION OF FIRST RF�IDING OF AN ORDII�IIQCE FOR A PROPOSAL Z�0 CHANGE THE IQ� )E SECTION 214 OF THE FRIDLEY CITY CODE• hir. Rob!rtson, Conm�nity Development Director, stated the staff, at the Co�:ncil s direction, aralyzed the history af requested variances to the Sic,n Code. ie presented an analysis of the variances rec�uested to-'�he Sign Code since 1 i82. Mr. Robertson stated tne net effect, in com�arison to the �xistin � code and the proposed code, would be less deviation in area f ran tne �ro �osed oode, but the same nunber o� signs would deviate from either cnc�e. i Co�cil ran Fitzpatrick stated the requests for variances, in all cases but one, a� e greater than the proposed change in the code. He statea, therefo �e, he cannot see b� ac�pting a more lenient code, it would reduce the n�an �er of requests for variances. / ,, Gouncil tian Fitzpatrick asked if the City's' Sic� Code was oompared with other nei�bo �ing suburbs. Mr. Ronertsan stated staff found there was =eally no clear o►nsistency frcm cmm��ity to �cRn�ity in tiie way the sign ordir�nces were st �uctured. t•Sr. Qur :shi, City t�lanager, stated some oor�nunities severely restrict signs and som � are more liberal than Fridley. He f elt it was a matter what the Council felt was fair and best for the C1ty. Dtr. Rob �rtson outlired the proposed changes to the Sign Code as follaws: (1) res:rict C-1 local (neighborhood) busiresses to 80 square feet of sign area on .y; (2) allaa for mer%i.un sized si�s, up to 120 square feet in C-2 and C-3 zones for txisiresses greater than 8,000, but less than 20,000 square teet in area; and (3j allaa for larger sized sigis, � to 180 s�uare feet in C-2 and C-3 zones for large busir�ess developnerits greater than 20,000 s3uare feet in area. Co�cilman FitzFatrick stated he felt r�either ot tne studies com�le1 eo by Staff points to justification for any change in the Sign Orclirt�n :e. Co�mcil nan Barnette stated he di�'t lcnow if the ordir�nce was changed if it would c�ange the requests at all, and possibly nothing would be gained by acbptir 3;a r�ew ardinance. He stated the procQSS is woricing and there will always , �e requests for e�aceFtions. C��il nan Schneicier stated the existing ozdir�nce had a trenendous amount of 'g�i,il ic inp�t ar� at least five ordir�nces of neighboring oomn�nities were r,evia,re j. ; • � r FOR CONCURRENCE BY THE CITY COUNCIL �� APPOINTMENTS' � J(a,y 7, 1986 (Tabled June 16, 1986) ' �� 4��l� � , ��,_ •� �,� �.ti��_,� ��1 ��LS �iLJ ��i.��/1 ��ci_� i� al�c �ret Aerx�ey �,� 'L,�ai,g Way N. E. � 571-2757) � � ;___ � ��.ti � � D'�r e Savaae � E�ioe CYeek Terraoe .(�. �J1-3862) �Tgr� � Sher ek 5�3( 73 - 112 Aveswe ,j� 784-6444) i�l i�.l,. �,/�'; • 1�� Y' �• 1`� I�� Zhanpson � 3rd St. N. & j� 572-8684) (B. 297-1802) ►a- a�,�• �; 4-1-88 4-1-89 4-1-89 4-1-87 4-1-89 4-1-88 ! J� t?��! ,�ia�i:_�• R�it Gabel 5947 2-1/2 Street NE (& 571-1288) Q arenoe (Gene ) Rezac 1561 Camelat Lane (H. 574-0629) (vacated b� Louis Sc�midt 10/85) Jean Gerou 1650 Briardale Rd. NE (H. 571-6736) James Plenel 6864 Chaiu�el Rd N. E. (H. 571-0026) (vacated b� i�tricia Gabel 12/85) 4-1-89 Ztm G ronl �d 7411 I�ric Lane (H. 786-7459) �ix e P�terson 4-1-89 $g�a �inted v�: .;. :r'�ti i�, ��,�` �� - 1 - -.� ;__ .• -. Bruoe Peteraon 7503 7�enpo Terr. T� (H. 786-9898) Duane Peterson l�i� Hd�'laJl3y Ltl. NE (H. 571-3386) i�a� :i�! ;_�!i 1�+�,�, ��z=11.\ I� ' �ck Yotng Rea� 7ointed �r� >1 �1 en Rea� 70' nted _ > s• ��„ .� � i�, Dean �ab�a i3eaF �oi rited Bruc � �on3vw �a� �oi nted � � R�.Saix�s ao�a�sm� �at ar ? a D��c�e � R; oe CYeek Terraoe „j�VL �22-5199) Pete r Pieroe Reax pointed Dick ,�torla � Alden Way ��1-6726) 4-1-89 Uick Yo�g 5695 4ui�-Y s't. N. E. (H. 571-8098) 4-1-8s naniei Auen 6200 Rioe CYee�c Dr. NE (H. 571-3137) 4-1-87 4-1-88 4-1-89 4-1-89 4-1-89 4-1-89 4-1-88 I � i•I I ;�I� f� J/' 'J' I 1i �: yM� Tahr E Meyer L P� den Way N. E. ,j� 571-5�28) �� • • � �, . . � ` [��` �v.� s Hauqe � �irited 6-�91 4-1-89 3A Steve Nelson 6540 East River Rd. #342 (H. 571-1484) Dale 7banpson 4976 3rd St. N. E. (H. 572-8684 ) Dean Saha .. 6325 Van Buren St. NE (H. 571-1953) Bruce Bax3aw 6616 Central Ave. NE (H. 571-0163) Robert Mir�on 1538 N. Oberlin Circle (H. 574-1173) Peter Pieroe 572 Rioe Creek Terr. (H. 571-7045) Harald Belg�mi 191 Hartman Circle (H. 571-1191) IImars A. Prieditis 6031 Benjanin St. NE (H. 571-7230) t+�v is Hauge 645 67th Ave. NE (H. 571-1083) � MEMORANDUM 4 CIT' ' OF FRIDLEY (/0 643' UNIVEASITY AVE. NE. FAIO .E�/. MN. 6543� �61� S7'1�3450 OPFICE OF TME CITY MANAGER NASIM M. DUAESHI July 3, 1986 - I�MO T0: THE HO:�ORABLE MAYOR AND CIT1 COUNCIL FROM NASIM M. QURESHI, CITY MANAGER SUBJ:CT: LODGING TAfi AND NORTH METRO CONVENTION AND TOURISM BUREAU Atta:hed please find letters supporting the North Metro Convention and Tour.sn Bureau from the Chambers of Commerce of Fridley, Brooklyn Center and Irooklyn Park as well as from the management of seven hotels and mote.s doing business in the three cities. "�,7 4 QTY OF FRILLEY ME MO RAN DU IK Z): N,ASIM M. QURFSHI� QTY P'�I�GII2 F 30M: RICIt PR�Yi,, FIlJAN(E DII2DCRVR S IB�TECT: LODGII�IG TAX �'�'E: JULY 2, 1986 I hacve v�ntacted a nunber of cities that actually have a lodging tax i1 plaoe in oonjtmction with a tourist bureau. I sean to be getting a variety of answers regarding the activities that the city itself c?als with and hvw they renit to the tourism bureaus. A number of N�nnesota cities have special legislation that allvws then to retain t:n peroent of the tax collected for ac�ninistrative costs. I d �scussed with then our proposed five percent and based on their ecperience, they felt that the actual percentage that should be r?tained should be sanewhere between f ive and ten percent and did n>t feel that the five peraent would totally aover our oosts. This i� based on the responsibilities that the ordinance actually d �ctates. T ie cities of Fargo and Moorhead actually retain no percentage of t�e tax for ac�ninistrative vosts in that they feel this is their c>ntribution to the area. T ie City of Eau Qaire renits nothing to the tourisn bureau because o` special oonsideration with their arena, they advertise their a:ena and as such the surrounding community benef its f rom any t>urism that might attend the events. I have talked to David Newman regarding these issues and he siggested that he change the wording in regard to the ordinance u ider Section 7, and modify "Examination of Return, Adjustments, N>tioes and Demands' and soften the language that would imply that t ie Gity is responsihle for any audit. If it were not necessary to d> an audit of the motels/hotels involved in this tax, I feel that t ie five peroent would aover the ac�niniustrative oosts. R aP: sh � �� ,' MEMORANDUM 4 B i GITY OF FFiIOLEY gq,1 1NiVEASfT�/ AVE. NE. FAIOL 'cY. MN. 6643� �61Z] 571-3450 OFFICE OF THE GITY MANAGER NA51M M. CiUFiE5H1 0 June 10, 1986 l[EMO T0: THE HONORABLE MAYOR AND CITY COUNCIL 'ROM: NASIM M. QURESHI, CITY MANAGER ;UBJECT: LODGING TA.1 ORDINANCE ,�s part of the process of establishing a North Metro Convention and "ourism Bureau our City Attorney has drafted a uniform ordinance to l�e passed by the Cities of Fridley, Brooklyn Center, and Brooklyn :'ark. This ordinance would impose a 3% tax on room rental in any '�otels or motels in the City. According to State law 95% of the ax revenues must go to a convention and tourism bureau. f the lodging tax ordinance is passed on first reading, a resolution ,�uthorizing execution of a convention and tourism bureau agreement �rill be presented to the City Council for consideration along with the econd reading of the ordinance. The resolution and the accompanyinp, ,�greement are included in your packets. t will also be necessary at that time for the City Council to �lesignate someone to represent the City of Fridley as a member of .he Corporation of the North Metro Convention and Tourism Bureau �s well as a member of the first Board of Directors. 4C ORDINANCE N0. AN ORDINANCE CREATING CHAPTER OF THE CITY CODE RELATING TO A TAX IMPOSED UPON IADGING WHEPEAS, the Legislature has authorized the imposition of a tax upon lodging at � hotel, motel, rooming house, tourist court or other use of space by a trar sient; and WHEREAS, the imposition of such a tax would provide funding for a convention and tourism bureau to promote the City as a tourist and convention center. NOW, THEREFORE, BE IT RESOVLED the City of Fridley hereby ordains that Chapter of the City Code is created to read: CHAPTER LODGING TAX 1. )EFINITIONS For :he purpose of this Chapter, the following terms, phrases and words, and thei- derivations shall have the meaning given herein. When not inconsistent with the context, words used in the pesent tense include the future, words in the >lural number include the singular number and words in the singular number incl�de the plural number. The word "shall" is always mandatory and not mere,y directory. A. The term "director" means the Finance Director of the City. B. The term "city" means the City of Fridley. C. The term "lodging" means the furnishing for a consideration of lodg.ng by a hotel, motel or rooming house except where such lodging shall be for a continuous period of 30 days or more to the same lodger(s). The furn'.shing of rooms by religious, educational or non-profit organizations shal. not constitute "lodging" for purposes of this Chapter. D. The term "operator" means a person who provides lodging to others or any �fficer, agent or employee of such person. E. The term "person" means any individual, corporation, partnership, asso.iation, estate, receiver, trustee, executor, administrator, assignee, syndicate, or any other combination of individuals. Whenever the term "per.on" is used in any provision of this chapter prescribing and imposing a pena ty, the term as applied to a corporation, association, or partnership, shal, mean the officers, or partners thereof as the case may be. F. The term "rent" means the total consideratiQn valued in money charged for :odging whether paid in money or otherwise, but shall not include any char;,es for services rendered in connection with fumishing Iodging other than the :oom charge itself. G. The term "lodger" means the person obtaining lodging from an oper� tor. 4D Page 2 - Ordinance No. 2. [MPOSITION OF TAX Ther� is hereby imposed a tax of three percent on the rent charged by an oper�tor for providing lodging to any person on and after August �1, 1986. The tax >hall be stated and charged separately and shall be collected by the operitor from the lodger. The tax collected by the operator shall be a debt owed by the operator to the city and shall be extinguished only by payment to the :ity. In no case shall the tax imposed by this section upon an operator exce�d the amount of tax which the operator is authorized and required by this chap;er to collect from a lodger. 3. �OLLECTIONS Each operator shall collect the tax imposed by this chapter at the time the rent is paid. The tax collections shall be deemed to be held in trust by the operitor for the city. The amount of tax shall be separately stated from the rent charged for the lodging. 4. ;XCEPTIONS AND EXEMPTIONS A. Exceptions. No tax shall be imposed on rent for lodging paid by any offi,er or employee of a foreign government who is exempt by reason of express prov sions of federal law or international treaty. B. Exemptions. An exemption shall be granted to any persor► as to whom or wl.ose occupancy it is beyond the power of the city to tax. No exemption shal. be granted except upon a claim therefor made at the time the rent is coll�cted and such a claim shall be made in writing and under penalty of perj�.ry on forms provided by the city. All such claims shall be forwarded to the �ity when the returns and collections are submitted as required by this chap� er. 5. �DVERTISING NO TAX It stall be unlawful for any operator to advertise or hold out or state to the publ'c or any customer, directly or indirectly, that the tax or any part therEOf will be assumed or absorbed by the operator, or that it will not be addec to the rent or that, if added, it or any part thereof will be refunded. In ccmputing the tax to be collected, amounts of tax less than one cent shall be ccnsidered an additional cent. 6. �AYMENT AND RETURNS The taxes imposed by this chapter shall be paid by the operator to the city montYly not later than 25 days after the end of the month in which the taxes were collected. At the time of payment the operator shall submit a return upon such forms and containing such information as the director may require. The �eturn shall contain the following minimum information: 1. 7he total amount of rent collected for lodging during the period covered ty the return. 2. 7he amount of tax required to be collected and due for the period. Page 3 - Ordinance No. 3. The signature of the person filing the return or that of his or her agent 3uly authorized in writing. 4. Che period covered by the return. � 5. [he amount of uncollectable rental charges subject to the lodging tax. The operator may offset against the taxes payable with respect to any repo;ting period, t�e amount of taxes imposed by this chapter previously paid as �. result of any transaction the consideration for which became uncoLlectable during such reporting period, but only in proportion to the portLon of such consideration which became uncollectable. 7. :XAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND DEMANDS The director may rely upon the Minnesota sales tax return filed by the operitor with the State of Minnesota in determining the accuracy of a return filel under this ordinance. However, the director shall be authorized to make any .nvestigation or examination of the records and accounts of the persons maki�g the return if the director reasonably determines that such steps are nece,sary for determining the correctness of the return. The tax computed on the l�asis of such examination shall be the tax to be paid. If the tax due is foun�l to be greater than that paid, such excess shall be paid to the City with n ten days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the tax paid is g:eater than the tax found to be due, the excess shall be refunded to the pexs�n who paid the tax to the City within ten days af ter determination of such refund. 8. IEFUNDS Any >erson may apply to the director for a refund of taxes paid for a pres:ribed period in excess of the amount legally due for that period, prov:ded that no application for refund shall be considered unless filed with�n one year after such tax was paid, or within one year from the filing of the �eturn, whichever period is the longer. The director shall examine the clain and make and file written findings thereon denying or allowing the claim in wtole or in part and shall mail a notice thereof by registered mail to such perscn at the address stated upon the return. If such claim is allowed in whol� or in part, the director shall credit the amount of the allawance agairst any taxes due under this chapter from the claimant and the balance of said allowance, if any, shall be paid by the director to the claimant. 9. FAILURE TO FILE A RETURN A. If any operator required by this chapter to file a return shall fail to dc so within the time prescribed, or shall make, willfully or otherwise, an incozrect, false, or fraudulent return, the operator shall, upon written notice and demand, file such return or corrected return within five days of receipt of such written notice and shall at the same time pay any tax due on the ��sis thereof. If such person shall fail to file such return or corrected retur�, the director shall make a return or corrected return, for such person from such knowledge and information as the director can ob tain, and assess a tax oz the basis thereof, which tax (less any payments theretofore made on accoult of the tax for the taxable period covered by such return) shall be paid xpon within five days of the receipt of written notice and demand for � F Pag� 4 - Ordinance No. suc'� payment. Any such return or assessment made by the director shall be priaa facie correct and valid, and such person shall have the burden of est,.blishing its incorrectness or invalidity in any action or proceeding in res; �ect thereto. � B. If any portion of a tax imposed by this chapter, including penalties the:eon, is not paid within 30 days after it is required to be paid, the City Att�rney may.institute such legal action as may be necessary to recover the amo��nt due plus interest, penalties, the costs and disbursements of any act: on. C. Upon a showing of good cause, the director may grant an operator one thi�ty (30) day extension of time within which to file a return and make payrent of taxes as required by this chapter provided that interest during sucY period of extension shall be added to the taxes due at the rate of 10 percent per annum. 10. PENALTIES A. If any tax imposed by this chapter is not paid within the time herein specified for the payment, or any extension thereof, there shall be added thexeto a specific penalty equal to 10 percent of the amount remaining unpaid. B. In case of any failure to make and file a return within the time pres�ribed by this chapter, unless it is shown that such failure is not due to wi11Eu1 neglect, there shall be added to the tax in addition to the 10 percent specLfic penalty provided in A above, 10 percent if the failure is for not more than 30 days with an additional 5 percent for each additional 30 days or frac�ion thereof during which such failure continues, not exceeding 25 percent in tie aggregate. If the penalty as computed does not exceed $10, a minimum penaLty of $10 shall be assessed. The amount so added to any tax shall be coll�cted at the same time and the same manner and as a part of the tax unless the :ax has been paid before the discovery of the negligence, in which case the tmount so added shall be collected in the same manner as the tax. C. If any person willfully fails to file any return or make any payment requ.red by this chapter, or willfully files a false or fraudulent return or will�ully attempts in any manner to evade or defeat any such a tax or payment ther�of, there shall also be imposed as a penalty an amount equal to 50 perc�nt of any tax (less any amounts paid on the basis of such false or frau�.ulent return) found due for the period to which such return related. The pena:ty imposed by this subdivision shall be collected as part of the tax, and shal: be in addition to any other penalties provided by this chapter. D. All payments received shall be credited first to penalties, next to inte�est, an then to the tax due. E. The amount of tax not timely paid, together with any penalty provided by ttis section, shall bear interest at the rate o� S percent per annum from the time such tax should have been paid until paid. Any interest and penalty shal] be added to the tax and be collected as part thereof. 11. P,DMINISTRATION OF TAX The cirector shall administer and enforce the assessment and collection of the taxes imposed by this chapter. The director shall cause to be prepared blank 4G Page 5 - Ordinance No. form� for the returns and other documents required by this chapter and shall dist-ibute the same throughout the city and furnish them on application, but failzre to receive or secure them shall not relieve any person from any obli;ation required of him under this chapter unless it can be�established that the required forms were not available from the City. . 12. EXAMINE RECORDS The �lirector and those persons acting on behalf of the director authorized in writ.ng by the director may examine the books, papers and records of any oper�.tor in order to verify the accuracy of any return made, or if no return was nade, to ascertain the tax as provided in this chapter. Every such oper,.tor is directed and required to give to the said director or to his duly auth�rized agent or employee the means, facilities and opportunity for such exam nations and investigations as are hereby authorized. 13. CONTRACT WITH STATE The iity Manager is suthorized to confer with the Minnesota commissioner of taxa�ion to the end that an agreement between the City and the commissioner of taxation may be entered into for the purpose of providing for the admii'.istration and collection of the taxes imposed by this chapter. Such an agre�ment shall not become effective until presented to the council for its appr�val and when so approved the tax imposed by this chapter shall be collicted and administered pursuant to the terms of said agreement. 14. VIOLATIONS Any �erson who shall willfully fail to make a return required by this chapter, or w�o shall fail to pay the tax after written demand £or payment, or who shal: fail to remit the taxes collected or any penalty or interest imposed by this chapter after written demand for such payment or who shall refuse to perm�t the director or any duly authorized agents or employees to examine the book:, records and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misde meanor. 15. USE OF PROCEEDS The rinety-five (95$) percent proceeds obtained from the collection of taxes purstant to this chapter shall be used in accordance with Minnesota Statutes Secti�n 477A.018 as the same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the city gs a tourist or convention center. 16. �PPEALS '�. Any operator aggrieved by any notice, order or determination made by the dCrector under this chapter may file a petition for review of such notice, order or determination detailing the operator's reasons for contesting the notica, order or determination. The petition shall contain the name of the petit�oner, the petitioner's address and the location of the lodging subject to th� order, notice or determination. 3. The petition for review shall be filed with the City Clerk within ten days ifter the notice, order or determintion for which review is sought has been nailed or served upon the person requesting review. Paga 6 - Ordinance No. C. Upon receipt of the petition the City Manager, or his designee, shall set a date for a hearing and give the petitioner at lease five days prior wri:ten notice of the date, time and place of the hearing. D. At the hearing, the petitioner shall be given an opportunity to show cau;e why the notice, order or determination should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at pet,tioner's own expense. E. The hearing shall be conducted by the City Manager or his designee, pro►ided only that the person conducting the hearing shall not have par��icipated in the drafting of the order, notice or determination for which rev: ew is sought. F. The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable sections of this chapter and evicence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the director. G. Any decision rendered by the City Manager pursuant to this subcivision may be appealed to the City Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Clerk witrin ten days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the council agenda as soon as is practical. The Council shall then review the findings of fact and conclusions to determine whether they were correct. Upon a determination by the Council that fincings and conclusions were incorrect, the Council may modify, reverse or affirm the decision of the City Manager or his designee upon the same staniards as set forth in subdivision F. 17. EFFECTIVE DATE This ordinance shall become effective August 1, 1986. PASS?D AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1986 WILLIAM J. NEE - MAYOR ATTEI'T: SHIR7EY A. HAAPALA - CITY CLERK DAY OF 4H O`'� � Cly„4�► z` 1 � m� 41 Phone 571-9781 �' �� Fridley Plu� OffiCe 8uildin9, Suite 310A. 6401 University Ave. N.E., Fridley. M�nnesota SSd32 o,� 11 � . 4 C� �MM�Q' - cxwix ux Daniel ( Ficken SOS Off x Equipment 780-868E VICE C lAIRPERSON Jayne N ble Larry N� ble Agency �es-oaoa FINAN( E DIRE(,TOR DeWayne R. Schleies Schleiss, �iage, Gish Qc Ca 571�6921 DIRECI �RS Roger H� mola Norwest 3ank Central �so-s�s; Maynard Nieleen N.R'. Bell Trlephone s�i-0�si Robert "] ob" Cook Specialty Advertising 571-6984 David N� vman Herrick � Newman 571-3850 Don Cha roen Upton Ac ✓eRising b36-0970 Kirk Hai Skywood nn 6T 1-9440 Mlen Wi trock FMC Cor � 672-9201 PAST Cl AIAMAN John Gaz ;am F�idley S ate Sank 571-2200 E%ECU7 IVE DIBE(.TOA Kerry A. �an Fleet b71•8781 May 30, 1986 Jim Decker Northland Development Co. 7000 Northland Dr. Mpls, MN. 55428 Dear Jim, The Fridley Chamber of Commerce Board of Tiirectors endorse and encourage the development of the North Pietro Convention and Tourism Bureau. We are very glad to see that a group of neighboring cities and Char�bers can work together to further the northern suburbs of Minneapolis and St.Paul. Alone, we will not be very effective and costs would be prohibitive to promote just the Fridley area. We feel this is an exciting way to promote our areas of interest and business and help the economy. Those of us who have been working on the different phases of this new entity are fired up about how well this is going. k'e will continue to assist in this project. DCF/kvf �i cerely, � � � c- Daniel C. Fick Chairman Of The Board �,m 4:OC �^,.��da ..._.---- �3rf . _.. �.�—, luGy !?c ��---- Ch!�5 �,'^. _._„__. i.; ,.- i•ete _ ' JUff � ;?��:� Fi�E - COhSTR ',>�, _ -- r•F �<r.G' — . . 4J RESOLUTION OF SUPPORT PROPJSED NORTH METRO CONVENTION AND TOURISM BUREAU WHEREAS the purpose of the proposed convention and tourism bureau is to promote 1 ouris:n, conventions and business meeti.ngs in the northern suburbs of Brook] yn Center, 8rooklyn Park and Fridley, and WHEREAS the promotion of the northern area will be of benefit to our communit i and its businesses, and WHEREAS the joint efforts of the cities and chambers involved in this venture E nhance the efforts of the Coalition of Northern Mayors, NOW THE tEFORE BE IT RESOLVED that the Bro�klyn Center Chamber of Commerce suppnrt the North Metro Convention and Tourism Bureau and the room tax collection which will finance the bureau. `� � � � � - ,� �,L/�,�, � ' �� June 12, 19 8 6 � J William E ldridge �President 0 June 10, 1986 4K ��10� �� F�rnnep�n 1r � m er of Commerce _ - - Serving the Communities of Broolclyn Par1c. N{eple Graue and Osseo Honorable Mayor and City Council Members: At thei� May 1, 1986 meeting, the North Hermepin Chanber of Co�mnerce Board of Directo�s unanina�sly passed a resolution "to recaunend the North Metro Con- vention and Taurism Burea�u and the imposition of a 3Z room tax to tt�e camcils of the �nvolved cities." The motLon passed after a presentati� of the concept by Jim Decker of North- land Detelopment. Discussion focused on the need for just su+ch a well-fimded, joint e�:fort to promote the north metro coa�mmities. Tt�e Cha�nber looks forwaxd to wnrkLng cooperatively with the Bureau. We urge your support in passiqg the joint roan tax resolution. Sincere ly, �i � ��'�-- GaYy Ia?alme, President !un NOC Lorinds Wv! TerK lutN lee �� Clris John Pate r.aren J UN 131986 �f �_ a�u0v ' CONSTR FINAN'L. Pit MNGT MI(iGlIEASE 7716 Lalaeland Avenue I`lorth, Brookiyn Park, MPI 55445 (612) 424-6744 4L �� est Weste�rn ..:,,:,,:.. T � 6� � WOO(� � 3 , y W�"' IN N �._ :: � � . . ''une 4, 1986 iITY OF FRIDLEY ,,TTN: WILLIAM NEE, MAYOR 'ridley Plaza Office Building i401 University Ave NE :'ridley, MN 55432 1 �ear Mr. Mayor: : am writing this letter to tecommend that you approve a room tax �n hotel lodP,ing in the CITY OF FP.IDLEY. I represent the largest ]otel in the CITY OF FRIDLEY, 4nd feel that this tax that is tu be �sed for the NORTH METRO CONVENTION AND HOSPITALITY BUREAU wauld be � valuable asset to our community. :f there a�•e any questions that you may have, please feel free to �ive me a call. '.ours truly, . � �,� � ' / � ��u� ]irk Hart ]xecutive Manager 1 H:pr.:t 5201 Central Avenue N.E. • Fridley, Minnesota 55421 • Phone 612-571-9440 ��`,,� �,�J ; V`I'+-� �f-*� �� Ju ne 13 , 19 8 6 Ti-e Honorable James J. Krautkremer City of Brooklyn Park 58D0 - 85th Avenue North Braoklyn Park, Minnesota 55443 Dear Mavor Krautkremer: � 4M Shera�on :\ortil��-c��t The hospitality people of ITT I•94 8 U.S 169 BROOKLYN PARK IMPLS� Mh SSa28 t:�� TELEPMONE �6121 566•8855 I would like to indicate our support for the North Metro Convention & Hospitality Bureau. A joint effort by the hotels and motels in Fridley, Br�oklyn Center, Brooklyn Park, and in the future, Maple Gr�ve, supported by a 3% room tax, will provide the needed stimulus to bring conventions, meetings and tourism to tre North Metro area. We will be able to compete effectively with other cities and areas of the state. �aith the addition of our new golf course, we hav� that pErfect tourist attraction. Sincerely, -, � �/��<<<=�- . John A. Okerstrom --_ Owner � __� G�._�� • �'"�; Donn C. Eric�SOn Owner J� 0 : bk T E SHERATON NO�?wwES"�S OW'�EJ BY JUYE ENTEAPRiSES. INC. AhD OPEAq7ED UNOEA A UCENSE �SSUED BY SMEF7ATON �NNS. INC 7000 NORTHLAND ORIVE • NMNNEAPOUS. MN 55426 • PHONE: 612-535-5093 Tune 16, 1986 3onorable Mayor James Krautkremer �nd City Council Members �ITY OF BROOKLYN PARK i800 85th Avenue North 3rooklyn Park, 1�'IN 55428 n��rthland �entlemen: development �orthland Development supports the formation �ourism Bureau. company of minneapolis, incorporated Company of Minneapolis, Inc. firmly of the North Metro Convention an d +Te believe that the taxes collected from the room revenue, �,enerated at the area hotels and at our new Northland Inn �nd Executive Conference Center will provide the much needed nonies needed to promote our area. �Te at Northland Development ;ouncil will continue its' Jorth Metro Convention and �nd cooperation. >incerely, ,--, ► )avid A. ierson ;hief Financial and Operations Officer )AP/ lh Company are confident that the progressive ways and give the Tourism Bureau your full support • waa+� �..oa.eon naiop � �° 4N 40 � � � ' � G. M. B. Er iTERPRISES . HCR-1 90x 3 ID PEOUOT LAKES. MIN ',i6472 (218) 543,425� May 14,1986 r r. John Okerstrom :heraton Northwest E900 Lakeland Ave. F rooklyn Park� I�Zn. 55428 Iear Johne Thank you for the information concerning the North Metro Convention Center and the 3� room tax. I am all in favor of your proposal assuming that 95� of �he tax goes to the North P,7etro Convention and Tourism Bureau Gnd 5� goes to the City of Brooklyn Park for admistration. S inc erely, , T• Don Schueller 7016 Lakeland Zve, Brooklyn Park� Mn. 55428 ,', 4 P �,� • � 3 11��. �� ,'��9 � �� - �� May 30, 1986 Honcrable Mayor & City Councilmen Fric ley, PLti 55432 RE: I�orth Metro Convention & Tourism Bureau Dea� Honorable Mayor & City Councilmen: The Holiday Inn Brooklyn Center wholehearCedly supports the formation of the abo�e named bureau. We firmly believe that the taxes collected from room revenue, generated at thi: hotel, will provide the monies to promote our area - ultimately benefiting us all. For this reason, I hope you will join me in giving them your full support and cooperation. Sinc ely, ,^- �� KatY y Eng ser GenEral Manager Hol�day Inn Brooklyn Center lf HOLIDAY INN� & HOLIDOME 1501 Freeway Bivd. • Minneapolis, MN 55430 •(612) 566-4140 Operated by Brodc Hotel Corpwffiion, under License BROOKDALE MOTEL 6500 Lyndaie Avenue North MINNEAPOLIS, MINNESOTA 55430 Intersec. 1-694, I-94, 100, 252 N. (Oid US 169) Telephone: (612) 561-5650 EDWIN W. ELM :R, Owner Hon>rable Dean Nyquist, Mayor, Citr Manager and Councilmembers Citr of Brooklyn Center 630. Shingle Creek Parkway Bro>klyn Center, MN. 55430 Dea � Officials: June 11, 1986 Jerry Splinter, 4Q OFFICE: 2901 P�easant Avenue - Minneapolis, MN 55408 (612) 872-4435 The hotels and motels in Brooklyn Center, Brooklyn Park and Fridley, tog;ther with the Chambers of Commerce in these cities and city off,cials have all shown real interest and enthusiasm in promoting tou'ism in the north corridor. Sev�ral of us have worked to promote recognition of our area for sev�!ral years. The 1983 City Lodging Tax law passed by the leg:slature that year provides the vehicle for us to accomplish this res, ,lt. My ],rookdale Motel is a smaller 26-unit family motel. We do not have fooc', liquor or conference rooms. However, increased convention and tow ism traffic in our communities will be of benefit to all hotels, motE'ls, restaurants, retail establishments and our communities genE rally. Proipt passage of ordinances to adopt this City Lodging Tax will benEfit all of us. Sin rely, i _ , � �• ' �'�'�'�!I'� % ✓� -, � . . l � ��;� � �- 7 Edwin W. Elmer —"� �/ 1z 4R � � � �. INN 64 5 �urxs Cic No. %Brooklyn Cenrer, MN 55430 612-561-8400 June 14, 1986 Mayor and City Councilmen Frid Ley, Hn. Re: ►orth Hetro Convention and Sourism Bureau Dear Mayor and City Councilmen: The 3udgetel Inn Brooklyn Center supports the formation of the above bureau. ue sapport and believe that the taxes collected fr4m rooffi revenue� collected at tiis motel� vill help promote this area. I hvpe you vill support us in this. Sincgrely� �,c.- ,� i� l.�c-1-►�-.✓ �..� -� ., � �- ��s-,�:,-w �J Jurn'Rieman and Jane Rieman Mana �ers Bud� atel Inn Broo]clyn Center 5 CITY OF FRIDLEY pLANNIP�G COMMISSION MEETIN�, JUNF 18, 1986 _._____. CALL 1D ORDER: Vice-(hairperson Oquist called the June 18, 1986, Planning Commission meetinc� to orc �r at 7:35 p:m. ROLL (ALL: Members Present: LeRoy Oquist, Dave Kondrick, Dean Saba, Wayne Wellan, Donald Betzold, Sue Sherek Members Absent: None Others Present: Jim Robinson, Planning Coordinator Jock Robertson, Community Development Director Dennis Schneider, City Councilman Qen Rischall, United Stores David Harris, 470 Rice Creek Blvd. L. Robert Erickson, 2178 17th St. N.W., New Brighton Richard P1ochinski, 8271 Madison St. N.E. (See attached list) APPROV4L OF JUNE 4, 1986, PLANNING COMMISSI�N MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO APPROVE THF. JUNE 4, 1986, PLANNZVG COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, iIICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIE� UNANIMOUSLY. 1. PlJ3LIC HEARING: CONSI[7ERATION OF A SPECIAL USE PERP1IT, SP #86-07 QY UfJ S RES : �e� ection 05.15.1, C, 13 of the Fridley City Code to a11ow wholesale/ wa^ehouse enterprises that do not meet an industrial setting that have co�siderable customer contact and have no outside storage of materials, in�luding furniture, home building supplies, automobile supplies, etc., on Lot 3, Block 1, Target Addition, the same being 785 - 53rd Avenue N.E. MCCION BY MR. BETZOLD, SECONDED BY MR. SABA, TO OPEN THE PUBLIC HF.ARING. UP)N A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THF. PU 3LIC HEARING OPEN AT 7:36 P.M. Mr, Robinson stated that the United Store was located west of Highway 65 ard south of 694. The zoning was C-3, general shopping. The special use pErmit was for a warehouse facility not associated with the principal use. TFe 7ot area of the United Store was 104,600 sq. ft., approx. 2.4 acres. TF� existing building area was 16,000 sq. ft., and the proposed addition was close to 7,600 sq. ft. The lot coverage was less than 40% which is allowed. 5A PLANN:NG COMMISSION MEETING, JUNE 18, 1986 PAGE 2 Tie building use would be approx. 80� warehouse with the addition, retail 1!'%, office 5�. Presently, they have 51 parking spaces. T�e plan shows 8� spaces. The requirement is 38 spaces, so they do exceed the parkinq dEmand even witfi the existing spaces. Mi. Robinson stated Staff was recommending the following stipulations: 1. Petitioner to provide an approved landscape plan and install by Oct. 15, 1986. 2. Petitioner to provide automatic sprinkling system for lawn areas and install by Oct. 15, 1986. 3. Petitioner to provide an approved storm drainage plan and install by Oct. 15, 1986. Mi. Robinson stated the petitioner has also applied for a variance for the s�de yard from 80 ft, to 10 ft. Mi. Betzold stated the Appeals Commission recommended approval of the variance a� their last meeting, because they felt this was a unique situation and tfe addition would not enfringe on anyone else as it would only be close to ti e exi t ramp off 694. M�. Ben Rischall stated the plan was quite self-explanatory. This was their fc'urth year in Fridley and they have enjoyed a nice increase in business o�erall. They have 13 stores in the Twin Cities and St. Cloud. This building fi�s always been their distribution center. They are requesting the addition bECause their business has increased and they find it necessary to bring ir more merchandise and, in some cases, store that merchandise in this biilding. Given the amount of truck traffic already in the area with the T<rget store, they feel any increase in traffic to their store would be nEgligible. He stated they are prepared to meet all the city requirer�ents rEgarding landscaping, sprinkling system, etc. As far as drainage, they do h�ve an engineer working now to see if anything was necessary beyond what i� already in place. If the engineer feels more drainage improvements are nECessary, they wi11 do them. M�. Kondrick asked how many people were employed at the store. Mi'. Rischall stated they average about four people in the store. The ware- tu use has about eight people righi no►�� and sometimes as many as 15 depending or the season. The office has six or seven, again depending on the season. Tley do not anticipate adding any additional employees at this time. M�, Rischall stated tf�ey received a letter from Target that day stating that T< rget has approved tF�i s pl an , _ M�. Rohinson asked if Mr. Rischall felt the additional warehouse space would cieate the need for the additional parking spaces. � PLANN [NG C0�4t�ISSION MEETING, JUNE 18� 1986 PAGE 3 M•. Rischall stated they do noi think it will at this time. Right now the 1>t is striped for 51 spaces. It can be striped to 81 spaces if they feel t�ere is a need in the future, but for now they will stay at 51 as long as t�ey are within city code and the extra spaces are not needed. M>TION BY MS. SHEREK, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HF.ARING. i1.'ON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE P�BLIC HEARING CIASED AT 7:45 P.M. M�►TZON BY MR. SABA, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL A.!PROVAL OF SPECIAL U5E PERMIT, SP #86-07, BY UNI"'ED STORES, PER SECTION 2i'S.15.1, C, 13 OF THE FRIDLEY EITY CODE TO ALIAW WHOLESALE/WAREHOUSE ENTER- P.!ISES THAT DO NOT MEET AN INDUSTRIAL SETTING THAT HAVE CONSIDERABLE CUSTOMF.R G!NTACT AND HAVE NO OUTSIDE 5TORAGE OF MA TERIALS, INCLUDING FURNITURE, HOME Bi'ILDING SUPPLIES, AUTOMOBILE SUPPLIES, ETC., ON IAT 3, BIACK 1, TARGET A:DITION, THE SAME BEING 785 - 53RD AVENUE N.E., WITH THE FOLLOPIING S: 'IPULATIONS: 1. PETITIONER TO PROVIDE AN APPROVED LANDSCAPE PLAN AND INSTALL BY OCT. 15, I986. 2. PETITIONER TO PROVIDE AUTOMATIC SPRINKLING SYSTEM FOR LAWN AREAS AND INSTALL BY OCT. 15, 1986. 3. PETITIONER TO PROVIDE AN APPROVED STORM DRAINAGE PLAN AND INSTALL BY OCT. 15, 1986. UFpN A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE 1�1C TION CARRIED UNANIMOUSLY. Mr. Oquist stated this item would go to City Council on July 7. 2. PL�LIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #86-03, BY b� UID HARRIS: A 5 R Addition, being a replat of the North 750 feet of the Northeast iarter of the i�orthwest Quarter of Section 12, T-3�, R-24, Anoka County, i nnesota, except the east 720 feet thereof, and except the SOIItII iOQ fP.P_t of said north 750 feet and except the north 233 feet of the West 230 feet trPreof. Together with that part of the North 750 feet of the NorthwPSt Q�arter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, P9innesota, lying easterly of State Trunk HighH►ay Plo. F5, except the south 3Cp feet of said north 750 feet and except the north 233 feet thereof. MCCION BY MR. SABA, SECONDED BY MR. KONDRICK, TO OPEN THE PUBLIC HEARIIIG. UF�N A VDICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLAP.F•D THE Pi;3LIC HEARING OPEN AT 7:�7 P.M. Mr, Robinson stated this property was located on the southeast corner of Os�orne an�i Highway 65. The property cons�sted of approx. 5.1 acres, and it was zoned C-3. The property was surrounded by some light industrial 5C PLANN: NG CQP'q'1ISSIOIJ MEETING, JUt�E 18, 1986 PAGE 4 zcning, also. He stated the petitioner was seeking to replat the property iito four lots that ranged in size from 31,00� sq. ft, to 71,000 sq. ft. Tfe four lots all met code in terms of loi area, except Lot 2 which was 3',000 sq, ft. The loi area requirement for C-3 zoning was 35,000 sq. ft. Tfe next public f�earing wa� for a rezoning from C-3 to C-2, primarily so tle setbac�k requirements �nd the lot area will be lessened. The lot area r�quirement for C-2 zoning was 20,000 square feet. Mi'. Robinson stated that presently Viron Road was being reworked. This 1r'provement is being assessed to this platted property. Mi. Robinson stated Staff was recorimending the following stipulations: 1. Plat approval continhent upon approval of rezoning. 2. Provide drainage and utility easer�ents on final plat as requested by Staff. 3. Petitioner agrees to assessments for one-half cost of Viron Road improvements. 4. Park fees on four lots to be paid with building permits (subject to prevailing rates). P1i. Harris stated they have moved tf�e line between Lots 1 and 2 so both lots mE�et tf�e 35,000 sq, ft, requirement. This makes it so the easement does not rin down the center of the property line, but all the easements �vill be in Lct 2, This gives Lot 2 the necessary squarP footage. M�, Harris stated the City Attorney was investigatinq the abandonment of tfe sewer line easement that runs north and south. That was a private ease- mEnt put in in 1967 by the oriqinal o4mer of the property and it goes to M�, Maxwell's property which is the 4Z acres to the south. Mr. Harris stated tfat to his knowledge, this easement was never a matter of record, so there w�s soroe question as to whether that north/south sewer line easement will ccntinue otfier than to serve the purposes of the City and whether it should e:tend through Loi 3. It serves no useful purpose for the properties that e� ist thPre noa�. He was sure Ftr, Plaxwell would r�ise a concern about that l�ne also. He stated this question will be answered prior to any final action b�'the City Council on this preliminary plat request. Mr,. Harris stated the reason for the replat was to clean up all the errors ar�i omissions that were collected in this survey. P1r. Robinson stated that based on the change in the preliminary plat by the pEtltioner, they could �liminate stipulation #1 because the re oning wa o 7c nger eo�►tingent upon rezoning if all lots met the plat 35,00� sq. ft. �lo� area. Mr. Maxwell stated he owned the property directly south of P1r. Harris' property. Tte only concern he had was that his property was 600 ft. deep. It was too big a piece of property to be thai deep and isolated by itse7f. fie wondered 5D PLANN]NG C�MPIISSION MEETING, JUNE 18, 1986 P�GF 5 if the City had given any consideration to replatting that property or havina access to the back ha7f of it in the event he should dec�de to break it up or deve7op it for a better tax base for the community. Mr'. Robinson siated tfiey have not looked at Mr. Maxwell's property as part of the overall effort. � HE was not aware that Mr. 1laxwell was interested in splitting his property. ur;tll a few days before tFie meeting. He stated the City really needed a plan lr order to design a raad for it. Ci�y Staff would be glad to work with Mr. �9axwe1l if f�e came in with a plan. Mr. Maxwell stated he would explore some possibilities. One o'ther item he wc�ld like to bring up was that in a former hearing with the City Council, �t wa� muivally agreed between Dave Harris and himself that they would put a privacy fence between their two pieces of property by virtue of the fact that he had a mobile fiome sales lot on his property. That lot is now completely ur�eve7oped and no 6usiness is being conducted on the property, so he t�iould like tc be releasec� `rnn thr� sharing of a fence. t1r, fiarris stated he had no objection to that. If, in fact, the property was nct being used as a mobile home sales lot an�i would not be used, then he had nc'prohlem with there not being a fence between the two properties. Mr; Robinson stated this would be noted in the minutes, and the City Council wo!�ld address at the time they act on the preliminary plat. He woulci re,ommend P1r. Maxwell attend that meeting or address a letter to the City Counci7 stating his request. Mr, Maxwell stated he would attend the City Council meeting. MD"ION BY MR. SABA, SECONDED BY MS. SHEREK, TO CLO.SE THE PUBLIC HEARING. UP>N A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPERSON OQUIST DECLARED THE PUBLIC HEIRING CLOSED AT 8:05 P.M. Mr, Seizold stated that regarding stipulatior. #2 regardinc the drainage an� utilit•� easements, he would suc�gest they leave the wordinn as it is. If there wa� a reasor to delete sor�e of the easements, that czn be dore before the pr�lirr,inary plat reaches the City Council. MO 'ION BY !�1"ic, SABA, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CI7'Y COIINCIL AP.'ROVAL OF PRELIMINARY PLAT, P,S. #86-03, BY DAVID HARRIS, A& R ADDITION, BE. ,`NG A REPLAT OF THE NORTH 750 FEET OF THF, NORTHEAST QUARTER OF THE NORTH— WE.�T QUARTER OF SECTION 12, T-30, R-24, ANOKA COUNTY, MINNESOTA, EXCEPT THE EA,'T 720 FEET THEREOF, AND EXCEPT THE SOUTH 300 FEET OF SAID NORTH_750 FEF,T AN.I EXCEPT THE NORTH 233 FEET OF THE WEST 23t� F'E�'T THEREOF. TOGETHF,R WITH TK '�T PART OF THE NORTH 750 FEET OF THE NORTHFIEST QUARTER OF THE NORTHWEST QU,iRTER OF SECTION 12, T-30, R-24, ANOKA COi7NTY, MINNESOTA, LYING EASTERLY OF STATE TRUNK HIGHWAY ND. 65, EXCEPT THE SDUTH 300 FEET OF SAID NORTH 750 FE�'T AND EXCEPT THE NORTN 233 FEET THF.REOF, WITH THF. FOLIAWING STIPIILATIONS: 5E PLAN� I��G C�M�IISSION MEETI�JG, JUNE 18, 1986 PAGF. 6 z. PROVIDE DRAINAGE AND UTILITY EASEMENTS DN FINAL PLAT AS REQUESTED BY STAFF. 2. PETITIONEP. AGREES TO ASSESSMENTS FOR ONE-HALF COST OF VIRON ROAD IMPROVEMENTS. 3., PARK FEES ON FOUR LOT5 TO BE PAID WITH BUILDING PERMITS (SUBJECT TO PREVAILING RATESf. U'ON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST D�CLARED THF, .M 9TION CARRIED UNANIMDUSLY. t��. Oquist stated this iter� would go to City Council on July 21. 3. PI �BLIC HEARItdG: COIJSIDERATION OF A REZONIWG RFt�)EST, ZOA #86-02, BY � IVI�tRT�� R�!zone from C-3 (general shoppinc� center) to C-2 (general business) on the N�irth 750 feet of the Northeast Quarter of the Northwest Quarter of Section L', T-30, R-24, Anoka County, Minnesota, except the east 720 feet thereof, aid except the south 300 feet of said north 750 feet and except the north 2;I3 feet of the West 230 feet thereof. Together with that part of the N�rth 750 feet of the Northwest Quarter of the Northwest Quarter of Section 1;, T-30, R-24, Anoka County, Minnesota, lying easterly of State Trunk H�c�hway P�o. 65, except the south 300 feet of said north 750 feet and except tfe north 233 feet thereof. M� �'ION BY A1R, BETZOLD, SECONDED BY MR. KONDRICK, TD WAIVE THE READIl7G OF TKE FG itMAL PUBLIC HEARING NOTICE. UFDN A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THF MCI'ION CARRIED UNANIMOUSLY, MCTION BY MR. SABA, SECONDED BY MR, KONDRICK, TO OPEN THF. PUBLIC HEA?iING. UF 7N A VOICE VOTE, ALL VOTING AYF,, VICE-CHAIRPERSON OQUIST DECLARF,D THE Pli�LIC HEARING OPEN AT 8:10 P.M. P1r, Robinson stated this was the same property as discussed above. The zoninq wa; C-3, genera7 shopping, and the proposal was to go to C-2, general business. This was being done primarily so the smaller buildinc�s that are going to be p7iced on this plat would not be required to set back 80 ft, instead of 35 ft. The first building proposed for the area will be a dental lab, approx. 5,i00 sq. ft., a one-story brick veneer building. That was all that was plinned at this time. Mr Kondrick asked if the traffic situation had been addressed. Mr Robinson stated the city engineers feel the new road will facilitate th� traffic. The proposed plan is more of an office scale development. I�i,h the current C-3 zoning, the developer co�ld devetap the area with a hi�her traffic volume. Staff feels C-2 is more appropriate for this in'.ersection and will have less of a traffic iropact oh the surrounding area. 5F PLANNI�G COMMISSION MEETING, JUNE 18, 1986 P/IGF 7 MO"ION BY MR. SABA, SECONDED BY MR. KONDRICK, TO CLO5E THE PUBLIC XF,ARING. UP>N A VOICE VOTE, ALL VOTING AYE� VICE—CHAIRPERSON OQUIST DECLARED THF, PUaLIC HEARING CLOSED AT 8:16 P,M. MO `ION BY MR. KONDRICK, SECONDED BY MR. SABA, TO RECOt7MEND TO CITY COi1NCIL AP.!ROVAL OF REZONING REQUEST, ZOA #86-02, BY DAVID HARRIS, REZONE FROPf C—� (GENERAL SHOPPING CENTERj TD C-2 (GENERAL BUSINF,SS) ON THF. NORTH 750 FE,iT OF THE NORTXEAST QUARTER OF THE NORTHWE5T QUARTER OF SECTION 12, T-30, R—,'4�ANOKA C077NTY, MINNESOTA, EXCEPT TAE EAST 720 FEET THEREOF, AND EXCEPT TH.' SOUTH 300 FEET OF SAID NORTH 750 FEET AND EXCEPT THE NORTH 233 FEET OF TX,! WEST 230 FEET THEREOF. TOGETHER WITH THAT PART OF THF. NORTH 750 FEF.T OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, T-30, R-24, AN�IKA COUNTY, MINNESOTA, LYING EASTERLY OF STATE TRUNK HIGHWAY NO. 65, EXCEPT THi'SOUTH 300 FEET OF SAID NORTH 750 FEET AND EXCEPT THE NORTH 233 FEET THi 'REDF . UP(�N A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPERSON OQUIST DECLARED THE 1N0: 'ION CARRIED UNANIMOUSLY. Mr Oquist stated this item would go to City Council on July 21. 4. PUI'LIC HEARIN(;: CO�dSIDERATIOt� OF A REZO�JI�dG REQUEST, ZOA #86-01, BY L-' RD�Ei�T I KS N: Re;one frora R-1 one family dwelling) to R-3 (general multiple dwelling} on thE West half of Lot 4, all of Lots 5, 6 and 7, Lucia Lane Addition, all located in the North half of Section 13, T-3�, R-24, City of Fridley, County of Anoka, Minnesota. MO�;ION BY MR. KONDRICK, SECONDED BY MS. SHF,REK, TO OPEN THE PUBLIC HEARIrIG. UPCN A VOICE VOTE, ALL VOTING AYE, VICE—CXAIRPERSON OQUIS_" DECLAP.ED THF, PUF L,IC HF.ARING OPEN AT 8:18 P.M. Mr, Robinson stated this property was located on the northeast corner of Hichway 65 and �1ississippi St. and included Lots 5, 6, and 7, an�i the we�terly half of Lot 4. The property was zoned R-1, single family, and was in a single family neighborhood. It consisted of approx. 64,000 sq. ft, or 1'-2 acres. The proposal was to rezone from R-1 to R-3 in order to facilitate a t�wnhouse development of 10 units. The proposed density was 6,400 sq. ft. per unit. The allowable density in an R-3 zone was 2,500 sq. ft, per unit. Of course, that would be to facilitate an apartment building. The 6,400 sq. ft. of lot area per unit being proposed worked out to be about 6.8 units per acre. A typical townhouse density ranged from 8 to 12, so this was described as a ver y 1 ow densi ty. _ Mr. Robinson stated the proposal was for aTl two bedraom units with double gar�ges, 7 3/4 bath, approx. 1,600 sq, ft., not including the garage. When StaFf looked at the plan, they felt it was somewhat unbalanced in that there wer? eight units for the west portion and two units for the east portion. 5G PLAN�[NG COMMISSION MEETING, JUNE 18� 1986 PAGE 8 T�ey realized this was to minimize the impact on Lucia Lane and�the sinqle f��ily neighborhood. However, Staff came up with some alternate plans, one 1� particular had some merit. It was stayinq with the ten units but hreak- t�g them up so there were three clusters instead of one long linear building t� t had something of a barracks-type appearance--three units on the eastern p�rtion, four uni�s facing Highway 65, and the other three units on the n irthern part of the site. M�. Robinson stated the driveway access was facilitiated by a driveway onto �1'ssissippi, approx. 130 ft, from the iniersection, and another driveway onto Licia Lane. The developer felt the plan suggested by staff did have so►�e merit, aid he might be willing to implement the plan. Also, the plan provided sor�e d'stinct green areas for privacy and play areas. It also turned a blank wall t�� the single family homes rather than the back of the buildings. M�, Robinson stated Staff was recommending the following stipulations: 1. Provide an approved landscape plan, including berming of boulevards. 2. Provide automatic sprinkling of all lawn areas. 3. Provide 5now fence around all trees adjacent to construction zone; identify which trees will be removed prior to construction. 4. Obtain townhouse plat approval and record with City approved covenants prior to second reading of rezoninq ordinance. 5. Provide 25 ft, street/bikeway/walkway easement along Mississippi St. 6. Provide a tot lot area with equipment prior to occupancy. 7. Park fee of $500 per unit to be paid with each building permit. 8. Provide a 6 ft. high solid wood screening fence between project and adjacent R-1 land. 9. Rezoning is for townhouse plan as proposed only. 10. Petitioner to provide an approved storm drainac�e plan. 11. Work with Staff to identify guest parking locations. Mr. Wellan stated that regarding stipulation #8 to provide a 6 ft, high sclid wood fence between project and adjacent R-1 land, who maintained that fe �ce? Mr, Robinson stated there would have to be a townhouse covenant and maintenance woald be spelled out in that covenant. Mr, Robinson stated that in 1983 Mr. Erickson had requested a rezoninq from R-I to R-3 for 14 un�ts so this project was scaled down from 14 to 10. Mr Erickson stated he had no objection to the different layouts suggested by Staff. The problem, of course, was the beautiful trees, and they want to sa�e as many trees as they can. As far as the ten units, that is the numher th�y came up with in order to make the project financially feasible. Anythinc� le s than ten would wipe the project out. He stated the townhouses woulci be ow�er-occupied, not rentals. 5N PLANN f�JG COhit�1ISSI0N FIEETING, JUNF 18, 1986 PAGE 9 M�. Jack Young, 6549 Lucia Lane, stated he had lived in this location for 21 years. He stated there had been at least 4-5 proposals for this property, aid each time the proposals have been shot down. He stated the neighhor- hrod has a lot of traffic already, with the apartment buildings at the o,her end of Lucia Lane and the Knights of Columbus Hall. Lucia Lane is a one-�vay street for all those people, and he did not believe the traffic f�om this new development would use Mississippi St, as an exit. They would u�e Lucia Lane. With the possibility of a median down Mississippi, that w��uld force the people to use Lucia Lane even more. He stated thPre were oily 11 homes on both sides of Lucia Lane, and now they are proposinq to put ii 1Q r�ore homes in an area about 1/4 of that space. It did not make good s��nse. There would be ten homes with possibly twenty cars on a lot that w��u1d not even house five residential homes. Why can't the property he left a a residential district? 41hy do they have to go through this same thinq e� ery ?_-3 years? M�� . I�enry P1elcher,6500 Pierce St., asked �1r. Erickson the approx, selling p�ice of each unit. Mi. Erickson stated the selling price was approx. $70,000 per unit. M:. Lois Raaen, 6501 Lucia Lane, stated she would like the property to remain risidential. Lucia Lane was already too busy. If they put ten townhouses o� that property, the!°e were going to be problems. She stated she has lived ti�re 17 years, and she liked living there; but if they put townhouses in tlere, she was going to move. P1<.. Jody Bystrom, 6533 Lucia Lane, asked why single family homes coulci not bE built on this property. Mr. Erickson stated the back half of Lot 4 was landlocked right now. The orly way to get into Lot 7 was a curb cut on Plississippi and right now the Ccunty is talking about widening Plississippi and putting in a median, so a driveway could not be put out on that corner. So, that virtually made Lot 7 u�ieless. Lot 6 was the same way. Lot 5 could be divided in half for two rESidential lots. That was why he was requestinq a rezoning to R-3 anci proposing a townhouse development. R-1 housing was just not feasible. Ms. Joyce Swanson, 6601 Lucia Lane, stated she did not object to the con- struction or the design as much as the density. The intersection of Mississippi ard Highway 65 was notorious for �raffic accidents. Traffic was very heavy in tre area, and putting 20 more cars onto Plississippi was going to make it worse. Mr. Joe Randall, 1210 P1ississippi, stated he would like to see the property renain R-1. He felt there were alternatives to work with landlecked lots. T1s, El,vina Timo, 6517 Lucia Lane, stated the driveway from the proposed de✓elopment onto Lucia Lane would cor�e right toward her house. She was afraid this development would depreciate the va�ue of her home. They do have a lot of problems at ni�ht witli traffic from the Knights of Columbu6 Hall, as well as the Lucia Lane apartments. She wanted the property to remain zoned R-1. 51 PLANN[Nr COMMISSION MEETIP�G, JUNE 18, 1986 PAGE 1� Mrr. Bob Bystrom, 6533 Lucia Lane, stated he felt the access.from the proposed d?ve7opment onto Mississippi probably would be impossible. Ne doubted if e�stbound traffic on�Mississippi would want to turn left any sooner than Lucia Lane. Also, there was a considerable incline onto Mississippi from L�cia Lane. In the winter, in spite of maintenance, it was often difficult t� ma4�,e the grade the first time becadse of the slippery surface. It seemed t� him the people who would be trying to get in and out of the proposed t�wnhousP development would be at a real disadvantaqe as they would have no m>r�entum at all trying to get onto Mississippi when Lucia Lane was slippery. H� did want to say there were some things about this townhouse design that w!re better than previous plans. M�, Jack Young stated he did not think families with young children would buy on this busy corner. He was afraid if these townhouses ctid not sell that tsey would turn into rental units. M�. Robert Haedtke, 6540 Lucia Lane, stated he felt the townhouse development wiuld really decrease the real value of the homes in the neighborhood. What a�out assessments for water and sewer and the roadway? As far as the density, w�ere would the children play? Marketability was mentioned in the request fir rezoning, but it was also marketability for the people who own their homes in this area. There was too much traffic, the density was too high, aid it was unjust and unfair to take away some of the real value from the p!ople who own homes in this area. M�. Robinson stated all utilities are in place, and there would be no a�lditional streets. The expense of any hook-ups to utilities would be borne b� the developer. M�. Dick Berganini, 6596 Pierce St., stated he was against the rezoning p �oposal. M�. Oquist stated he had a letter addressed to Councilman Dennis Schneider f�om Dean Thomas, 6550 Lucia Lane, who could not be at the meeting. P1r. Thomas e.�,pressed concern that the units be owner-occupied, not rental units, he was a�ncerned about the density and concerned about the traffic. Mr. �quist s,ated this letter would accompany the minutes to the City Council. �1�. Jody Bystrom stated that if the townhouses were not sold and they became r�ntal units, what happened to the townhouse association? Mi. Erickson stated that townhouse association documents are written so that e�',ch unit that is built has to contribute to the association, tvhether the ui'i�s are owner-occupied or rental. M�. Lilas Crosser, 6565 Lucia Lane, stated there were many accidents on the ccrner of Hississippi and Highway 65 a�ready, It would be worse with more t� affic. 5� PLANN ING COPIPIISSION MEETING, JUNE 18, 1986 PAGE 11 M� ITION BY MR. BETZOLD, SECONDED BY MS. SHEREK, TO CLOSE THE_ Pi7BLIC HE�IRING. U1'ON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE P1'BLIC HEARING CLOSED AT 9:03 P.M. Mi. Wellan stated he would not be in favor of the development. He felt that ►�'th the limited properties in the community, the landlocked properties could bE rearranged so that single family homes could be put in. M� . Sherek stated she had a problem with the theory that sor�ethinc� coulci be dcne with the lots facing Plississippi St. Just looking at the intersection of Highway 65 and Mississippi made you realize it was unrealistic to expect pe�ple to have access from their front yard at that corner. She really tfaught the 7ots were not developable as R-1 zoning; and in view of the o��osition of the neighbors, she did not think R-3 was all that realistic either unless something was explored with regard to making some kind of shared driveway across the backs of the properties so 3-� homeowners could access onto Lucia Lane. She also did not think it was realistic to believe that be;ause they plot a driveway onto Mississippi that the people livinn in the tovnhouses were going to use it to any extent--yes, if they are making a right tu°n onto Mississippi and a right turn onto Highway 65, but the rest of the tr�ffic was going to go to Lucia Lane. Mr Robinson stated that regarding �1s. Sherek's suc�gestion about a shared dr',veway,for 3-4 single family homeowners, it would have to be a private dr've maintained by the homeowners, which was contrary to the city code. It was possible a variance could be granted for something like that. Mr Oquist stated the proble►� with a deadend street was the servicing by em� �rgency veh i cl es . Mr, Saba stated he really felt it was an injustice to the neighborhaod, and he 'felt bad that they had to keep coming back defendinq their right to an R-' zone. He had some problems with the development and problems with the tr� ffi c. Mr, Betzold stated he was sympathetic to the neighbors' concerns, but he wordered if the concerns about traffic were not a little bit overstated. He said that because he happened to live in probably the densest area in the City of Fridley, the Qlack Forest Condominiums right next to the Farr Toarn- ho�;es. Just in the development he lived in there were 250 different units anc one driveway that comes in and exits. One would think they would be drlving into one another all the time, but that doesn't seem to be happening. Mr. Betzold stated there would certainly be an increase in traffic, but hF felt the concerns expressed about the traffic seemed to be primarily because of �he Lucia Lane Apartments and the Knights of Columbua Hall, particularly the'Knights of Columbus Hall which generates a lot of traffic at set tir�es. 5K PLANN NG COP1MISSION MEETING, JUNE 18, 1986 PAGE 12 Mi. Betzold stated something was going to have to be done with this property. Tle Comnission has to be concerned, not only with the neighbors, but also w�th the developer. There was going to have to be some give and take on b�th sides as this was too important a piece of land to have it remain as i� is. . M�. Oquist stated he agreed with Mr. Betzold. He stated he has been involved w�th the last four proposals, and one of these times they are goinc� to have tc approve a project because this property has to be developed. They have to bE concerned about the best development for this area, and he was not sure s�ngle family homes was the best development for this property. Mr. Kondrick stated he also agreed with Mr. Betzold. This was the best proposal he has seen so far. Single family homes were not feasible for this property, and it was not fair to leave the property vacant. He also wondered ii the traffic concern was a little overstated. hfr. Erickson stated the main reason for the dual entrance and exit at MiSSissippi and Lucia Lane was for emergency vehicles. MC I'ION BY MP,. BETZOLD, SECONDED BY MR. Y.ONDP,ICK, TD RECOMMEND TO CITY COIINCIL AF°ROVAL OF REZONING REQUEST, ZOA #l86-01, BY L. ROBERT ERICKSON, TO RF.ZONE FF�M R-1 (ONE FAMILY DWELLINGS) TO R-3 (GENERAL MULTIPLE DWELLING) ON THF, WE3T HALF OF LOT 4, ALL OF LOTS 5, 6, AND 7, LUCIA LANE ADDITION, ALL LOC'ATED Ih THE NORTH HALF OF SECTION 13, T-30, R-24, CITY OF FRIDLEY, COUNTY OF Ah �KA, MINNESOTA, FIITH THE FOLLOGIING STIPULATIONS: Z. PROVIDE AN APPRO[�ED LANDSCAPE PLAII, INCLUDING BERMING OF BOULEVARDS. 2. PROVIDE AUTOMATIC SPRINKLING OF ALL LAWN AREAS. 3. PROVIDE SNOGI FENCE ARDUND ALL TREES ADJACENT TO CONSTRUCTION ZONE; IDENTIFY WHICH TREES WILL BE REMOVED PRIOR TO CONSTRUCTION. 4. OBTAIN TOWNHOUSE PLAT APPROVAL AND RECORD WITH CITY APPRO��ED COVENANTS PRIOR TO SECOND READING OF REZONING ORDINANCE. 5. PROVIDE 25 FT. STREET/BIICEWAY/WALKWAY EASEMENT ALONG MISSISSIPPI ST, 6, PROVIDE A TOT LOT AREA WITH BQiIIPMENT PRIOR TO OCCIIpANCY, QUALITY AND SIZF. SUBJECT TO STAFF APPROVAL. 7. PARK FEE OF $500 PER UNIT TO BE PAID WITH EACH BUILDING PF.RMIT. 8. PROVIDE A 6 FT. HIGH SOLID WOOD SCREENING FENCE BETWEEN PROJECT AND ADJACENT TD R-1 LAND. 9. REZONING IS FOR TOWNHOUSE PLAN AS PROPOSED ONLY. 10, PETITIONER TO PROVIDE AN APPROVED STORM DRAINAGE PLAN. I1. WORK WITH STAFF TO IDENTIFY GUEST PARKING IACATIONS. UP>N A VDICE VOTE, KONDRICK, OQUIST, BETZOLD VOTING AYE, WELLAN, SABA, AND SHiREK VOTING NAY, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION FAILED BY A TI i VOTE. 5� P�ANNIIG COMPIISSION MEETING, JUNE 18, ]986 PAGE 13 Mr, Kondrick stated he hoped the City Council would give this proposal some sQ•ious thought. He felt this was the best proposal the PlanninG Commission ha� seen for a iong time. The pian had a lot of inerit. Mr, Oquist stated the Planning Commission was at a stalemate. This item woul� go to the City Council on July 21 with a split vote. He recomnended the pe�ple concerned be at that meeting to express their concerns. 5. PI;iLIC HEARIPJG: CONSIDERATIO�J OF A REZONING REQUEST, Z�A #86-03, �Y �i , t1 CHINSKI: Re�one from C-1 local business) to R-3 (general multiple dwelling) on Lot 16, e�+:ept the East 199 feet thereof, 17 and 18, B7ock 2, Spring Va71ey Addition, all located in the south half of section 13, T-30, R-24, City of Fridley, Cc anty of Anoka, �1innesota. MC PION BY MR. KONDRICK, SECONDED BY llR. SABA, TO OPEN THF. PUBI,IC HEARING. UF�N A VOICE VOTE� ALL VOTING AYE, VICE-CKAIRPERSON OQUIST DECLAREb THE PL4LIC HEARING OPEN AT 9:29 P.M. Mr. Rohinson stated this property was located east of Old Central and north oi Rice Creek Rd. It was zoned C-1, local commercial. There was approx. 9E,900 sq. ft. or 2.3 acres involved., which was all of Lot 17 and 18 owned b� Mochinski and the west half of Lot i6 which was owned by the I�RA. M�. Robinson stated the proposal was to rezone to R-3 in order to allow the cinstruction of 19 single family attached townhouses. The density was 5 103 sq, ft, of lot area per unit or 8.5 units per acre. That was a moderate dinsity for a townhouse develoment which generally ranges an density from 3•12 uiits ner acre. The units would range in size from 1,100 - 1,500 sq. ft. s�iiing in the mid $7�,000. Each would have a douhie car garage and thPre w�uld be room for two cars for visitor parking behind the garages. M�. Robinson stated they have worked with the developer to cor�e up with the b�st townhouse plan, and P1r. Mochinski was willing to go alor,g with the f� 11 owi ng sti pul ati ons recorr�ended by Staff : 1. Provide an approved landscape plan, inciuding berming of boulevards, 2. Provide automat�c sprink]ing of all lawn areas. 3. Petitioner to provide an approved storm drainage plan. 4. Obtain townhouse plat approval and record with City approved covenants prior to second reading of rezoninc� ordinance. 5. Provide a tot lot area with equipment prior to occupancy. 6. Park fee of $500 per unit to be paid wfth each building permit. 7. Provide a 6 ft. high solid wood screening fence between the project and adjacent to R-] �ar�d. 8. Rezoning is for townhouse plan as propose�l only. 9. Work with staff to identify guest parking locations 10. Petitioner to agree to pay for utility and street assessments (not includinq new storm drainage pipe). 5M PLANNI��G C�t111ISSI0P� MEETING, JUNE 18, 19i36 PAGE 14 Mr. Robinson stated the petitioner has gone to the HRA, and the HRA has tentatively agreed to assist him because of the severe soil'correction costs. Mr. Robinson stated this was a siroilar development to the one on Silver Lake Ro�d across from Apache Plaza. Mr. Richard htochinski stated he has been tryinn to sell this property for sor�e time, and he has had a number of proposals--manufacturing, storage warehouses, offices, etc., but he had not had any luck puttinq the numhers together. Then, it was brought to his attention that the best possible 'use for the land would be townhouses, one in a moderate price range, because of Ziebart and a moving and storage company right across the street. He stated the property does not lend itself to cor!mercial because of the traffic. Mr. �lochinski stated one of the difficulties was the poor soil. The cheapest bid so far was $150,000 to take out approx. 72 ft, of bad material and replace it with granular fill, so their cost projections are even hic�her than when they originally started. Right now it was borderline with the number of units tf�ey have. Anything less than that would make it very difficult to put thP package together. Mr. Brian Peterson, 1340 64th Ave., stated his main concern was drainaqe in the soil. There was a drainage ditch on the south side, but what about the north side? They have all kinds of water problems on the north end where the houses are. He stated he also felt a townhouse development would depreciate the value of the sing�e family homes in the area. Mr. Kondrick explained that one of the stipulations recommended by Staff was that the petitioner had to provide an approved storm drainage plan. h1r. Robinson stated the developer would have to guarantee that run-off from the new development would not exceed the rate before development. �1r. Mark Schwartz, 1372 64th Ave., stated drainage was also one of his main concerns, other than that he was opposed to the developr�ent. It was too many units, and a townhouse development would not fit into this area at all. It is all R-1, single family homes, and small businesses. He stated there was a big water problem right now; it was more than just getting adequate drainage on the new deve�opment. Mr. Oquist stated the plan was to ensure that the problem was not any worse than it is today. The development would not improve the present situation, but it would not make it any worse. �1s. Lavonne Y.owski, 6391 Central Ave., stated this property shared her back property line. She was thoroughly against the proposa]. There were too many units and it would create too much traffic. She felt all their property values would go down, and she would much rather see a business go on this property. PLANNI�lG C0�1t�1ISSI0N MEETiNG, JUNE 18, 1986 PAGE 15 Ms. Jean Schwartz, 1372 64th Ave., stated they just bought their home in February. They checked with the surrounding zoning before they bought their home. If this property had been zoned residential, especially multiple, tf�ey would not have bought. They decided to buy because the property was zoned C-1, light comnercial, a business that is there during the day and gone at nighi. They were opposed to the massive 19-unit townhouse complex. Also, Old Central was already a very busy road. They would he talking about a lot more people coming out onto Old Central. Obviously, their property taxes are not going to go down even their real estate value will if the development goes in. �1r. Brian Peterson stated that as far as rezoninc�, he would rather see the property zoned in the residential direction, rather than commercia7. Idealistically, he would like to see it zoned R-1, but that might no} he feasible with the high w ater table. He stated he was not too happy about the density. He did not think going to multiples wo�ild decrease their property values that much. As stated earlier, his major concern was the drainage. Ms. Jackie Calerom, 6401 Central, stated she was totally against this develop- ment, because of the drainage problems, the extra children in the area, the noise and the traffic. It was just too many people for this size an area. Mr. Joe Nelson, 1357 64th Ave., stated he was against the proposal hecause too many units were being proposed. He would not like to see 60-80 people living in that area. MOTION BY MR. SABA, SECONDED BY MS. SHEREK, TO CZASE THE PUBLIC HF,ARIP)G. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THF. PUBLIC HEARING CLOSED AT Z0:15 p,M, Mr. Betzold stated it seemed there were two issues the Commission was facing: 1. The rezoning issue. That cannot be taken lightly, because once property is rezoned, it does affect the character of the neigh- borhood. One thing they have to keep in mind in the rezoning question was that Old Central was not the same as it was years ago when it was the main thoroughfare from P1inneapolis. It is going to be closed down even more once the Lake Pointe Corporate Center �s developed and once the Moore Lake access is closed from the south, He did not realistically think this area was ever going to be a commercial area. 2. The residential issue. If the property was rezoned residential, was this the right way to do it? Normally, from a townhouse stand- point, this proposal was on the low side of the density. Mr. Kondrick stated he agreed that the density �ras iow compared to the size of the property. Considering the entrance and exits to and from the property 50 PLANNING COMP1ISSION MEETIP�G, JUNE ]$, 1986 PAGE 16 and the green areas, if the developer was willing to agree to all the stipulations, he felt this would be a good development. ' Ms. Sherek stated the hope that was expressed by a few people that this property could_possibly be deve]oped long range with single family dwellings was not feasible due to the poor soil conditions. The hope was for either a light comnercial or a residential development such as the one being proposed� because the cost of single family housing would be prohibitive. 7he other question was whether it would be desirable to develop single family with what is already across the street from this property. �tr. Saba stated stipulation #8 that the rezoning was for the townhouse plan as proposed only was a very important stipulation. Mr. Oquist stated that from a density standpoint, the proposal did not seem unreasonable. This property would be hard to develop as commercial. The drainage plan will have to be very strict to make sure the drainage is controlled in the area. MOTION BY MS. SHERER, SF,CONDED BY MR. KONDRICK, TD RECOMMEND TO CITY COIINCIL APPROVAL OF REZONING REQUEST, ZOA #186-03, BY RICNARD MOCHINSKI, TO REZONE FROM C-1 (LOCAL BUSINESS) TO R-3 (GENERAL MULTIPLE DWELLING) ON LOTS I6, EXCEPT THE EAST 199 FEET THEREOF, 17 AND I8, BLOCK 2, SPRING VALLEY ADDITION, ALL LOCATED IN THE SOUTH HALF OF SECTION Z3, T-30, R-24, CITY OF FRIDLEY, COUNTY OF ANOKA, MINNESOTA, WITN TXF. FOLLOWING STIPULATIONS: 1. PROVIDE AN APPROVED LANDSCAPE PLAN, INCLi1DING BERMING OF BOULEVARDS. 2. PROVIDE AUTOMATIC SPRIl7KLING OF ALL LAWN AREAS. 3. PETITIONER TO PROVIDE AR' APPROVE'D STORM DRAINAGE PLAI'l, 4. DBTAIN TOWNHOUSE PLAT APPROVAL AND RECORD WITH CITY APPROVED COVENANTS PRIOR TO SECOND READING OF REZONING ORDINANCE. 5, PROVIDE A TOT LOT AREA WITH EQUIPMENT PRIOR TD OCCUPANCY. 6. PARK FEE OF $500 PER UNiT TO BE PAID WITH EACH BUILDING PERMIT. 7. PROVIDE A 6 FT. HIGA SOLID WOOD SCREENING FENCE BETWF.EN PROJECT AND ADJACENT TO R-1 LAND. 8. REZONING IS F� TOF7NNOUSE PLAN AS PROPOSED ONLY. 9. WORK WITH STAFF TO IDENTIFY GUEST PARKING IACATIONS. 10. PETITIONER TO AGREE TD PAY FOR UTILITY AND STREET ASSESSMENTS (NOT INCLUDING NEW STOR1�f DRAINAGE PIPE). UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPF.RSON OQUTST DECLARED THE 1►10TION CARRIED UNANIMOUSLY. Mr. Oquist stated this item would go to the City Council on July 21. 6. CO��SIDFRATION OF A LOT SPLIT RE�E1ESTs L.S. #8f-05, BY THE CITY OF FRIDLEY: Spl i t off the South 150 feet of the �test 80 feet of Lot 6, At� i tor s Subdivision No. 129 (presently being part of Flannery Park), the same being 15Q0 - 75th Avenue N.E., to be used as a residential lot. 5P PLANNING COM�1ISSION MEETING, JUNE 18, 1986 PAGF 17 Mr. Robinson stated the proposal was to split off a lot which was 80 ft. by 150 ft, and fronted onto Onondaga St. It was a portion Df Flannery Park which was descri.bed as unused. By Resolution #81-1984, the City Council has determined that this is excess propert.y. He ctated the process now i� to aet the lot split approved and sold. There are buyers interested in the property. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO RECOMMEND TO CITY CDIINCIL APPROVAL OF LOT SPLIT REQUEST, L.S. #86-05, BY THE CITY OF FRIDLEY, TO SPLIT OFF THE SOUTH 150 FEET OF THE WEST 80 FEET OF LOT 6, AUDITOR'S SUBDIVISION NO. Z29 (pRESENTLY BEING PART OF FLANNERY PARK), THE SAME BEING I500 - 75th AVENUE N.E., TO BE USED AS A RESIDENTIAL LOT. UPON A VOICE VOTE, ALLiDTING AYE, VICE-CHAIRPF.RSON OQUIS_T DECLARED THE MDTION CARRIED UNANIMOUSLY, Mr. Oquist stated this item would go to City Council on July 7. 7. CONSIDERATIOP� OF APPROVAL OF ENVIRONMENTAL QIIALITY COMP1ISSIO�J WORKPLAN �— 8 MOTION BY MR. WELLAN, SECONDED BY MR. SABA, TO RECO!•1MEND TO CITY COUNCIL APPROVAL OF THE ENVIRONMENTAL QUALITY COMMISSION WORKPLAN FOR 1986. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARF.D THF. MOTION CARRIED UNANIM0CISLY. 8. RECEIVE F1AY 14, 1986, SPECIAL HUMAN RES(IURCES COMP1ISSION MINUTES: MOTION BY MS. SHEREK, SECONDED BY MR. KONDRICK, TO RECEIVE THF, MAY 14, 1986, SPECIAL HUMAN RESOURCES COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED TNE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE MAY 20, 1986, ENVIRONMENTAL QUALITY C0�1P1ISSION P•1INUTFS: MOTION BY MR. WELLAN, SECONDED BY MR. KONDRICK, TO RECEIVE THE MAY 20, 1986, ENVIRONMENTAL QUALITY COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIS_T DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. RECEIVE JUNE 2, 1986, PARKS & RECREATION CI�MMISSIf1^J MINUTES: �fOTION BY MR. KONDRICK, SECONDED BY MR. WELLAN, TO RECEIVE THF. JUNF. 2, I986, PARKS & RECREATION COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THF. MOTION CARRIED UNANIMOUSLY. 5Q aNNING COM�4ISSIOPJ MEETING, JUPJE 18, 1986 PAGF 18 . RECEIIIE JUNE 3, 1986, ENERGY PROJECT COP1MITTEE MINUTES: 1�fOTION BY MR. SABR, SECONDED BY 1�iR. �KONDRICK, TO RECEIVE THE JUNE 2, 1986, ENERGY PROJECT COMMITTEE MINUTES. UPON A VDICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARF.D THE MOTION CARRIED UNANIMOUSLY. l2. RECEIVE JUNE 5, 1986, HUMAN RESOURCES COPIMISSIOtJ MINUTES: 1NOTION BY MS. SHEREK, SECONDED BY MR. KONDRICK, TO RECEIVE THF JUNE 5, 1986, HUMAN RESOURCES COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARF.D THE MOTION CARRIED UNANIMOUSLY. MOTION BY MS. SHF.REK, SECOI]DED BY MR. SABA, TO CONCUR WITH TKE MOTION MADE BY THE HUMAN RESOURCES COMMISSIDN TO RECOMMF.ND TO CITY COiINCIL APPROVAL OF THT FOLIAWING 1986 HUMAN SERVICE CDBG FUNDING: ANOKA COUNTY CO_MMUNITY ACTION PRSRAM FRIDLEY SENIDR CENTER NORTH SUBURBAN COUNCIL FOR THE ARTS ALEXANDRA HOUSE ST. WILLIAMS CHURCH S.A.C.A. NORTH SUBURBAN COIlSUMER ADVOCATES FOR THF. HANDICAPPED NORTH SUBURBAN FAMILY COUNSELING CENTER CENTRAL CEN TER FOR FAMILY RESOURCES FAMILY LIFE MENTAL HEALTH CENTER - $6,840 - 3,000 - 2,000 * - 3,000 - 2,000 ** - 5,000 - 1,000 - 2,874 - 3,000 - 2,874 $3Z,588 '� TO BE USED FOR SENIOR PROGRAMMING ** TO BE USED FOR FREEZERS AND FOOb, NOT WAGES UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. RECEIVE JUNE 10, 1986,APPEALS COP'�1ISSION ��1INUTES: MOTION BY MR. BETZOLD, SECONDED BY MR. KONDRICK, TO RECEIVE THE JUNE 10, 1986, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPF.R50N OQUIST DECLARED THF. MOTION CARRIED UNANIMOUSLY. 5R PLANNItJG COMMISSI�N MEETING, JUNE 18, 1986 PAGE 19 14. OTHER BUSINESS: a. ICO Station at 7315 Highway .#65 Mr. Robinson stated the Commiss�on had received in the agenda a letter dated April 28, 1986, to Koch Marketing Co, fram Richard Larson, Deputy Chief, Fridley Fire Dept., and a memo dated June 3, 1986, to Jim Robinson from Ric Wiersma, Code Enforcment, regarding the vacant ICO Station at 73rd and Highway 65. These were for the Commission's information, and no action was required. b. Daycare Ordinance Changes Mr. Robinson stated that at a previous meeting, the Commission mPmhers had talked about revising the daycare ordinance. He stated the Commissioners had received at this meetinq a copy of a proposed ordinance change. MOTION BY MR. SABA, SECONDED BY MR. WELLAN, TO REC0�9MEND _TO CITY COUNCIL APPROVAL OF THE PROPOSED ORDINANCE CHANGES IN THF. DAY CARF, CENTER ORDINANCE. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPF.RSON OQFTI.ST DECLARED THE MOTION CARRIED UNANIMOUSLY. c. Swimming Pool Ordinance Mr. Robinson stated that as requested at the last meeting, Staff had done some research on swimning pool fence requirements in six other cities. Pbst other cities require fencing for pools that are greater than 24 inches in depth. They had also included in the agenda some minutes from the Oct. 22, 1975, Planning Commission meeting, the Nov. 5, 1975, Planning Commission meeting, and the April 5, 1975, City Council meeting when��he code was changed from a requirement of 4 ft, fencing to 6 ft, fencing. Cancerns were expressed about the ability of children to climb 4 ft, fences versus 6 ft. fences. Part of that issue revolved around the fact that if they went with a 4 ft. fence, it would probably be chain link fencing which has footholds while people were more apt to install solid wood fencinq if the requirement was 6 ft. Mr. Robinson stated they found that Brooklyn Center waived the fencing requirement if the pool wal] was 4 ft, high with a removable ladder. Mr. Saba stated his concern was that the City's ordinance did-not address separately the ab�ve g�round pool versus the below ground pool. It was virtual]y i�aossible for a toddler or small chiid to walk up to a 4 ft, high above ground pool and fa�1 in. A 4 foot high above ground pool w��l does not hade an,� €aotha�ds and w�th ihe removable ladder, it aras virtually impossibie for the child to fall in or climb in unless he/she was older. If they are older and determined to get into the pool, they can climb a 6 ft, high fence. 5S PLANNING COMPIISSION MEETINGs JUNF 18, 1986 PAGE 2Q Mr. Saba stated that regarding any concern about 4 ft._above ground pools being recessed 6-8 inches into the ground, most pool manufac- turers recommend that the above ground pools set on the ground and not be recessed into the ground because of rust. Even if the pool was recessed 6�8 inches, it would still be very hard for a small child to get into the pool. Mr. Saba stated that in researching the other codes, both New Brighton and Brooklyn Center allowed the 4 ft, wall of the pool to be part of the 4 ft. high fencing requirement. Mr. Saba stated the code was just inconsistent in distinguishing between above ground and below ground pools. (He had no prbblem with the 6 ft. fencing requirement for below ground pools.) It was forcing a lot of extra expense to people in order to adhere to the 6 ft, fencing reqiaire- ment. One was the flimsy railing that can be attached to the top of the 4 ft, wall (cost -$600-1,000 depending on the size of the pool) to satisfy the 6 ft. requirement. Mr. Robinson stated Fridley's ordinance was based on the national standards which were put forth by the American Public Health Associa- tion'.s model ordinance. Ms, Sherek questioned when that ordinance was written, because above ground pools were not very prevelant ten years ago, at least not in this part of the country. P1r, Saba stated he would like to see the Fridley swimming pool ordinance changed similar to Brooklyn Center's code for above ground pools. MOTION BY MR. SABA TO RECOMMEND THAT THE SWIMMING POOL ORDINANCE BF, CHANGED SIMILAR TO BROOKLYN CENTER'S SWIMMING POOL CODE THAT ALL OUTDOOR POOLS REQUIRE A 4 FT. HIGH FENCE WITH THE EXCEPTION OF ALL ABOVE GROUND POOLS THAT HAVE A MINIMUM 4 FT. HIGH VERTICAL PODL SIDE WITH A REMOVABLF, LADDER. 1NOTION DIED FOR LACK OF A SECOND. Mr. Oquist stated he felt the Commission really needed to revie�,► the Fridley swimming pool ordinance. He would request that the Commissioners get a copy of that ordinance for review at the next meeting. Mr. Saba stated the City requires people to build fences around pools, but the City does not put fencing around lakes, creeks, beaches, which are also very attractive nuisances. He would just like to see the code changed to something more reasonable. 5T Pl�N"!ItlG COM�1ISSION MEETING, 3UNE 18, 1986 PAGE 21 ADJOUR�JMENT: MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CNAIRPERSON O�UIST DECLARED THE JUNE 18, 1986, PLANNING COMMISSIDN MEETING ADJOURNED AT 11:20 P.M. Respectful7y submitted, ,, �l yn e Saba Reco�`di ng Secretary UP��ITED STORES SP #�86-07 STIPULATIO�lS 1� PETITIONER TO PROVIDE AN APPROVED LANDSCAPE PLAN AND INSTALL BY OCTOBER 15, 1986, Z, PETITIONER TO PROVIDE AUTOMATIC SPRIMKLING SYSTEM FOR LAWN AREAS AND INSTALL BY �CTOBER 15, 1986� �� PETITIONER TO PROVIDE AN APPROVED STORM DRAINAGE PLAN AND INSTALL BY OcTOB�R 15, I986, J /� i ; .- 7 � � ,: �: , . � , .-- . ' Un' ed Stores ;' . - = - --- �86-07 ; , - a j ------------ --- -- _ �"''' "_ - -.--��'jr' ' •---; • ._ � - - =�---Y�_ �_� ---�---�----��.��-�----- f-------�?- • �". � ` _ -- --y - -4 _ , - -' � ' _ . �� _ --• \ �_ -�-_ _ � . . I:,.y . � , a `„ w• , _. - ,� -----� -----=�'---____�_ `�.`` {-----. __ __ �� . �'. .s, . \ �• . • ` � �` , ` ` ' �' 6`'� � \ �`� .i \ . ,�. �� `: ._i. 1: \ � ' _ _� _ _._ .� __ s F �� " , r.)� Y � �� .� % I � � �� t ; . i� �. 2 5 � �Ji / • • �O ��r � t �' l � SE C URNEy �ri0?sB�; SEC 23 ' � � i :-�' '�' - I t. ...-' � ' ONUMEh? ,r.. , -�r � �J 5n LOCATION MAP �7�_ i � I ` ; � ; � �! ; i � ; � , ; , � i � United Stores SP #86-07 ��l�YYJ �L�Ii�C t%2%K , �=.p.W. � v '-.�' � � 0 � a :� � :•� �'��:'�S� �: '�:��t .. .�.�..�. :�•'� �'�:: �:•:'� �'••`:;:`.��:�::;;•� �::�:`..`•:: �.:::: � :.:�� •. �'�'�:•:��.'•��.� � �:� . t?''z:D. ..�(.. 4to�:�� '�`,`��.:.��. �::=�`�� `��``��t��t�� ` . r.•.�,.� �• . \ I`-°'�ifxc.�KC�IK�c{� � r o r� ; --- N� Y1 �� U � � TE� STpfz.� j GX I � I ��ta; l � ��es � I� � ; ; i�--�-;� C r�� yoo �.�.) �::; ��v�2Y � %� '� i VS�I1�Y� _. . . . . ��. A�{�'� Dt�l �ku�3�«.,a. � � `-- �� -- �X1yTli�lGt ;, ,� �� j ;, � � � � � �� , , , , J � ) � ,u; � ' � ' � � i I � ,� ► o�F�l No. �' t�a„ k:,� I � � I i� 1 sp�s ��,�.��.4, � � ' ; � �- , , 1 � � � � , ; � ! j ! � ' � I , ' c � ! � � � � ' . , , � � � � � , ; � � _ ._..._._._._ ---� __ .,._ , �� I" =- 5!�` USe. S�• . ork;� Rcc�a;r�,�( o�=,�e, r I r o s Spq�.s R�,-��;1 3yS5 �3 �a�cs ��s� �q,�as ro 5�«s To �a l �23� q�i D 3 8 5 pa-c.e-S 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 Monday. July 21, 198b in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Final Plat, P.S. #86-03, by David Harris, A& R Addition, being a replat of the North 750 feet of the Northeast Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, except the East 720 feet thereof, and except the South 300 feet of said North 750 feet and except the North 233 feet of the West 230 feet there- of. Together with that part of the North 750 feet of the Northwest Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying Easterly of State Trunk Highway No. 65, except the South 300 feet of said North 750 feet and except the North 233 feet thereof, generally located South of Osborne Road and East of Highway 65. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: July 7, 1986 July 14, 1986 5X /S� P.S. #86-03 A& R Add i ti on --• �I —.� . , ;�I'°-- ��r�o> --- S�iei�on�l O (' 7S Ciro/L Hii.tron a I� �� ry I � � I � �,��) �� I �• � ..,s�v,s.�, 1.i1 �� i�'�% Ou• R�a/fj� GvP. �G 1 M' l.�s. �I o �� I Iv �r `_ � O I Z a� } � Q — ' �� Z , ° � w'�-`<f� ' � ; � Csii/d E To6w��»n S Y o 2 ° � I �' o HI ` " . ' i ._.l iS� --- —��— �..�r.� .. s�o •(s� ' FIRE ❑ 5 �: �� ', � � �, N/�'I G10F � SE /� � °" :,L ,.- . . ,._:oo- - - - � - - - - T - j=�� - - - - ;... ' ` °i�„ e, .4 es.: j . � ,�, t:.,• �o so . / . f = rr , � C'i) ' "� . • l�.c:� � � (/20) � , (do) (!�l � � 3 2 N ��,s� . . : A DER ON � ; .00 Zo� _ � a70.2A � ' toa � �• � � . � ��C�� t • : � , 0 4 � i N � ^ .' �Z 4 O� • `13? i y � 5�� 1 = o � :; r � DE VELOPMENT + , ' ��' s . , yo � �°+` ... ��o. O 'r _ K�. i h� ': � /z�io,� � u;ra, Rea/fr , �i,r . �' � � . ` ; � . �S> /,.��reJ � 4 � I � I, �� I � � , ' (470oi I : � �.i%co�,�,.1�. ��ocood � �� I � Rq � � V, � � �I ~ �� _ PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be of the City of Fridley in the City Hall at on Monday. July 21, 1986 in the Council of: Public Hearing of the City Council 6431 University Avenue Northeast Chamber at 7:30 p.m. for the purpose Consideration of a Rezoning request, ZOA #86-02, by David Harris, to rezone from C-3 (general shopping center) to C-2 (general business) on the North 750 feet of the Northeast Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, except the East 720 feet thereof, and except the South 300 feet of said North 750 feet and except the North 233 feet of the West 230 feet thereof, Together with that part of the North 750 feet of the Northwest Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota lying Easterly of State Trunk Highway No. 65, except the South 30G feet of said North 750 feet and except the North 233 feet thereof� generally located South of Osborne Road and East of Highway 65. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: July 7, 1986 July 14, 1986 5Z r . ,, � - - (IffoJ ^ - - ► '�I S�,e�monnOE iS� �S <iiv/L. Hin�ron � � �� 1 . ,�; r I �, � � I � I �i \i� ( O I Z °+� � � --- a - �' ° �� •. � I' Y o Z ° � . � �' o � � h � � ZOA #86-02 David Narris --• �� (1�8') l4� �/ 6 .I+rttH.�O I.i/ At (c��j Ow Rea/fj� Ga-P. �G 1 W l.1s. � , �1� � '�`J — �— �uc��ce.,idE ` To6s��vn �.�rr.� H fUp'(L) � FIRE! I ♦ v M y� �� i � SE /� :°=z ;:L � � 1 � • .r� . / • � � r, �J�-'Z��— — — �c— _ — — � —ito. O—. — — ``. ♦ � 9rs e+ a'�s.�. . � d, s;. �• �o So . i � _ s:._ , . c�+i . , .,> . � • �..�� • ; (izo) � . (do) �ioi o , 3 2 N � (,e� . : A DER O/V � . , -co Zoc � , . �+7o.2n � soo � r . . � r • ' �/�j : . � . '. ' � � .. � 0 4 �. . « � :• (z y- o) � � Cr 3) � � 5�� 1 z o 0 :; r � DE VELOPMENT i , .h .,,o y s � . � '.q` . . . . . 670.20 �,. si oi, � r.- � � /�) ; 2 7i0,' !/iro✓1 Rta��y ; /�c . �S) /��re/ �% , ('�?oor �.ib�co�,�,�tr< <�ocood 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 Monday, �uly 21, 1986 �n the Council Chamber at 7:30 p.m, for the purpose of: Consideration of a Rezoning request, ZOA #86-01, by L. Robert Erickson, to rezone from R-1 (one family dwelling) to R-3 (general multiple dwelling) on the West half of Lot 4, all of Lots 5, 6 and 7, Lucia Lane Addition, all located in the North half of Sect�on 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota, generally located on the Northeast corner of Mississippi Street and Highway 65. Any and all persons desiring to be heard shali be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: July 7, 1986 July 14, 1986 5BB 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 Nall at 6431 University Avenue Northeast on Monday, �uly 21, 1986 in the Council Chamber at 7:30 p.m, for the purpose of: Consideration of a Rezoning request, ZOA #86-03, by Richard Mochinski, to rezone from C-1 (local business) to R-3 (general multiple dwelling) on Lots 16, except the East 199 feet thereof, 17 and 18, Block 2, Spring Valley Addition, all located in the South half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota, generally located North of Rice Creek Road and East of Central Avenue. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: July 7, 1986 July 14, 1986 5DD 5 L� E ZOA #8 -03 Richa d c nsk �� 4 ) ENTE _ L i EC � , . ,H1 �� . - " _ ��`�� _ � � .. f.._ ._..--� 7E.s -�.,. ... ujz . . � -��, � �o.; 6:1:. � fil) /u_l �� 5� 'S� 't�_�7 /lS �zf /.if /lf /I� /�t � �� O R /'f0 � �� ` � 0 ��°. W - — � 9 ��`� & � ��. l�) � ;, � -3•��- � ��r 1� , _�" •--� ��G ✓ �p�'/26c ( �� / ��) aeL 1 ��% � (N) Q1 �" G''"� I �.. � '� �.�Ji' •/!! -• I` � •M.� Yti �.� " '�, '�;'ti • � .� .. • � • i • , � � � # ; s.• T'1 y �� GH�`• ~�♦ J• �•�•C� t of Fri dl e e ♦ ,• � • v• � �_� 3r�;i��I .;�. ,. ; f i 3 � •�...r t i.�: • � �� : �'��.�a ,�ND , : � ... ,• .. , . .. /�►�v i �H N so ��N /! � / � 7y /�M'� . . �� _ •, - . ,. q/3�%. -�76�� ` �71j� � c.fj .e% �..i/ry � �' �=�,s� �'' .: , 5 App�: �,�, - : . � ,. . •,a• ru,., , ,. ,. . .r� �_; L�/ �"' 27S/i� ru�tls. �� '�[J r - . .z . . ,. r =~�;�� :,'�so. � �4f� ��•. 1� ,�, , •, ' ` 37do� • : � , ` 1r ` � i � rl 3� . ' ��.� . W s.='�' s • _ " ...• � �s ^� � .►�3 � ,.-+' - �� ► � . )}1�. �! /SO/ S I�B� ; s � � _ ' � .� '' , �,, �v a O' ' iMw ir�i . � ....... '`1�� . � s �so� • tf� �0�� - 9 '�t�f � �• � . � _ � � O o� �� W Q J �J F� � • l:BL� • „ Il.�Y . ,:•�I'„ !!. • • �. 7 6 T H µ,le • � � — :.t ... � � � � - �- ..: . .. ��a ,,�, �f+� M-- w�• `:.�.., ��o (�DITOR' S �+ . s �7r �1t76: '�'s : „,, . , � . , "' ��r 9 � � • � - �,a�. a ., ,+� g . , ,- ,,,.•, e,,� . : . �- . ��-- : • �' � � � _ y� � 1 +rL . . � .OJJ M�� .�SB Z �3, +*�2 Y', � • . . � �w ` • �� z � .,. ,.: - r % �13G7 /�'` ,.... ;:r.�+f� -��: - - '%� ; . 7 L pCi , s A r �� `� i��s s+,� , DRIVE - ' e "' � 10 '' - I �i,p /9�'0 ��—� .., C, o' •y -''y 74ZL � � � ,�9 `` � • � ' � � � �` • i t� e � p� "�' t 1'1 � ` ti' � �T � � • � � , ��r � � Qi: � F - �' ,' , ; C � o ` p , �_ .� � O , � Z � � . _� .s�� ' ► 3�s ��i i �►s� � s o � ,fz � j �* �,;,� ;,�, L �� i4�-�i� J 6A �. -T ♦ � , STR EET ,. ,� � � � . /S�5 7'� � �s�o1 Ro Aii,,,,� ,� (. �rM► �- . -- � ��.r..� � • � �j. .f �..�.� � ,,� �1 , ` /Ilr.�r. /bj/) ; _` r' � R u � • �{ ' . 6 `_ � l� '�� a :: � •iI h O • � � �,f o O t ,. . .t � ! ..o I..I/f► i : �� o �''� ; _ - �� -.4 { ' � �� ( /ini' 7 ' ,,� i� �' ! . � � �5�3 i �40 ., � , ,- � � _ � . - . -• - � �L�Q C �O N �1A , _ . , � - - • _ -. -, ■ RFSQ,17PmN AA. 81 _ 1984 RFSQ,VTION PUBLICIZING AND DISPOSING OF CERTAIN EXCESS QTY �TI� PRQP£RTIES IN FR��EY WHERFAS, the City Co�mcil.has determined certain City owned properties in EYidiey are excess; and W�RFAS, the excess properties are describea as follaas: l. 2. 3. � �4 . 5. 6. 7. 8. Lot 14, Block 1, Blcrnberg Estates Lot 15, Block 1, Blunberg Estates Lot 16, Block 1, Blamberg Estates 7he West 80 feet of the South 150 feet of Lot 6� Auditor's Subdivision No. 129 Lot 1, Block 7, Fdgewater Gardens Lot 2, Block 7, Edgewater Gardens Lot 3, Block 7, Edgewater Gardens Lot 11, Block 20, Fridley Fark; and WHERF.AS, the above n�anbered properties 1-7 will be sold to the highest bi dde r and No. 8 is to be sold to adjoining property awner as it is unbuildable by itself. Nati�, 9-IEREFORE, BE IT RFSOLVID by the City Council of the City of Fridley that: 1. �fie City publicize the sale of these properties in the of f icial legal t�ewspaper. 2. Zhe properties are to be disposed of by highest bid with the exception that No. 8 be sold to adjoining property o�wner. 3. �e City retains the right to refuse any or all bicls received. 4. Zhe proceeds frcci the sale of properties n�nnbered 1-3 sha11 be deposited in the City Park Ftind and the proceeds fram the sale of properties numbered 4-8 shall be deposited in the City General F1uid. 5. Tt�e City Attorney shall prepare the neoessary doc�nents in the disposal of these excess properties. PASSED AI�3 AD�PTID BY �IE CITY �I7NCIL OF ZHE CITY OF FRIDLEY THIS 16th II4Y OF �] U � Y , 19 84 . ATI'ESr: SIDNEl' C. II�AI - QTY Q,�tR WILLIAM J. t�E - MAYOR COMMISSIONERS: �'�AYNE I"�ELLAN RICHARD SVANDA BRUCE PETERSON C'�AYNARD ��IELSON E�JV I PO"lP1E"�TAL AUAL I TY COMN! I SS I Ofl 1986 k!Of�KPLAt� STAFF: �1YRA � I BSON �� 5 �� ENVIROrII�'iEiaTAL ¢JALITY OOhSMISSION Tt�,e �vironmental Quality Catmiission was established in May I973. Its purpose as set forth in section 6 of City Code is "...to stimulate interest in, and to promote an awareness of, enviror�mental concerns among citizens of the City of Fridley; to serve as a resource agency to the City on matters regarding the environment, including information on environmental problems, laws, policies and regulations of the county, metropolitan, state and federal levels to the extent of their effect on Fridley; and to advise the City Council, the City Manager and other appropriate City co�r¢nissions on matters pertaining to the maintenance or improvement of the environment, including the review and recommendation of programs and policies within the City." The scape of the Cor�nissions as set forth in Section 6 is as follows: . ..- The Environmental Quality Caranission shall act as an advisory comm.ission to the Planning Conunission for continuous comnunity planning and development of the comprehensive city goals and policies. Any change in related conununity planning and comprehensive city goals and policies must be reviewed by the Planning Cor�iission who will then make recommendations to the City Council. The Environmental Qua2ity Comlriission shall advise the City Council, after a policy review by the Planning Comnussion, in the development of programs to give increased effectiveness and direction in i�lEmenting established city goals, policies and framework and reconunend actions as needed relavent to the environment. To better fulfill its mandated obligations, the E�vironmental Quality Conunission has established the following workpZan for 1986. This workplan will serve as an action program which will enable the co�nission to concentrate their efforts on areas of concern and interest. a O p U C y M a a NLL Ny �C O M t L� C 7 T N t0 L. 9'.� J L v�i m +�Ni G�i ] a�a L � � � U � c.�� c �o ae N B+� +�1 C U L O a7 L C�6� E3 N m v .� u O C �'. -.i i m U C N � � �.1 � F � 0 m m aa � .� h 9 C m N C � 0 U L. O � O aa � � .�1 � .� 0 �a � � U .i � � �c-+ v.. �c�a m ,.�a � a -o s U.� 1 7 7JU �W b O� 4 O 1 T A N � G a> >s L O d V 1 �D N Z O �' w L C+� 7 V� 7 4� 1 � � S W +� O ttl C a O 60 4. 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U c.� z m c. c. -.i F ~ �/1 O 'a. � � �.�i t/I O __i_�_��_�_�� W .-7 � �0 C m � 1 � C I "� +i � I O +0 � N O O � O E-� �— i--^---�—�—�� N � F I N � �` f 0 � �___ _______________ I r [` ' • ��i �.i y 1 N N O L N � 31 L a �.�i N� 7 9 U N� 7 � y w w.� c� ., v� o � a.� c u c� e e y y op c� I�f y o a� c. y aB� � c c_ � �.~i � a�.� 6. c-�i O O C y y V Gl vl � N O U G7 a+ O C L G a� 9 ; ro., m d a9i ai m-.�'i '{ s c�, «°. � C�s +� d N C> C t0 N 4r j N O L ad C�V O C O 67 a� ,y � RI a-� N .i L V] V� J -.i D.-� N 7 cC c� . u O id L U N V �E +� ?. � �-1 B N i� Ol �.� 07 � aa .� L U O � •V L:! a.� Ol tq .-1 7 G1 J C.i y1 H � O��^I > V1 N 7p O O +�pi �tl �O �p U W� t U M C N L a a S �0 4, N 6 � N M ��...�� 1 1 I � y i � � m � � � � �ti o� . ' O 7 � � aa vl Yi � C "�� U � O 67 � e A y 1 7 C aa G yg U W � .�i C 0�. H � O L W E U +i C> > >s � F m 8 O M '�..�_��—��..�� { I 1 � i 1 � � 1 � � 0 n 5LL HU�1A�� RESRURCES CQt1MISSIf?N 1•1EETING, JUNF 5, 198f MOTION BY MS. DODGE, SECONDED BY MR. STORbA, TO APPROVE THE 4� I986, P�ECI—AL HUl�AIV RESDURCES C0INMISSION MINUTES AS AMENDF.D. � UPON A VDICE VOTE, BILLINGS AND DODGE VOTING , STORLA ABSTAINING� VICE- CIIAIRPERSON BILLINGS DECLARED THF. MOTIO IED, Pnr, � �. .� APPROVAL OF AGEt�DA: M02'ION BY MR. STD , SECONDED BY MS. DODGE, TO APPROVE THF. AGENDA AS SUBMI'"TED. IIPON A E VOTE, ALL VOTING AYE, VICE-CXAIRPERSON BILLINGS DECLARF.D THF. EfOTION C D UNANIMOUSLY. 1. OLD BUSIf�ESS: a. Consideration of Funding Requests from Human Service Orqanizations for 1986 CDBG Funds Mr. Biliings stated that Ms. Sherek could not be at the meeting, but she had prepared notes as to her analysis of the organizations and her recormendations for funding. Anoka County Community Action Program (Sen�or �utreach 4Jorker) - (Amount requested - $6,840) Ms. Sherek had recommended fundinq Anoka County CAP g6,840 for the Senior Outreach Worker. She had stated that this program would cease without CDBG funds. It serves only poor, elderly residents of Fridley. She fe7t the program was very cost effective in the numbers reached and services provided. Mr. Rillinqs stated he gave this funding request a higf� rating. He di�1 not think they could go wrong by funding Anoka County CAP for the Senior Outreach Worker. This was a situation where, if funding does not cone from CDBG funds, this outreach person would no longer be in the City of Fridley. Based on what the Commission members have seen in the past, a very good job was being done by the outreach worker, and he thought it would be a shame to iose that person in the City of Fridley. tds. Dodge stated she agreed with both t1s. Sherek and Mr. Billinqs. Fridley Senior Center (Amount requested - �8,800) Ms. Sherek had recorrmended fundinq $4,400 to the Fridley Senior CPntPr. She had stated that while she felt this was a worthr�hile proqram, she also felt there were nany other possible sources of fundinq for the Center and that they have not been fu11y explored, in spiie of-three years of decreasing Title 3 orants. She recomnended one-half the requested amount--to keep thesn go�crg ��ie thFy start fundraising. � 5MM HU�tAN f;E50URCES CONMISSION MEETIN6 JUNE 5 1986 PAGE 3 Mr. Billings stated the Title 3 funds end July 1. At the last r�eeting, Mr. Lorbeski, Senior Center Manager, did in�iicate they expect their fundraisinq efforts to kick in around the first of the year (1987). Mr. Billings stated he did agree with �1s. Sherek that they have had three years to look at decreasing Title 3 funds. He stated they also have to keep in mind that when the City Council gave extra money for human service funding, the City Council was tremendously concerned about the needs of seniors in the City of �ridley. He was thinkinq of 3J4 funding. Ms. Dodge stated she was also thinking of closer to 3/4 funding because of the directive of the City Council and the extra money the City Council had allocated for human service funding. The Fridley Senior Center has said they are going to start lookinq at other funding. They should emphasize to the Fridley Senior Center that they really need to pursue other kinds of funding. Mr. Storla stated the Fridley Senior Center was sponsoring the Chore Service Program. The Chore Service Program was Title 3 fundinq. The Greater Minneapolis Council of Churches was the coordinating aaency for the Chore money for Anoka and Hennepin Counties. Normally, telephone expenses (which are being requested by the Fridley Senior Center through CDBG funding) was something that was included for the Chore Program. Mr. Hunt stated that on May 19th, the City Council did appropriate from the General Fund $5,000 for the Fridley Senior Center's Director's salary. This amount would be in this year's budget. In view of the fact that the City Council had just appropriated $5,000 for the Director's salary and after reviewing the Fridley Senior Drop-In Center's Annual Report dated July 1, 1985, to June 30, 1986, in which it stated the Fridley Golden K had given �500 and the Senior Drop-In Center Bake Sale had netted �750 to run programs for the remaining six months of this year, the Commissioners agreed to reccxnmend funding in thP amount of $3,000. Nortk� Suburban Council for the Arts (Amount requested -$2,500) Ms. Sherek had stated she would lil:e to see this get goina, hut she could not see the youth part as servinq any substantial nu�her of Fri�iley kids while �ocated at Apacfie. She recorm�ended they fund the North Subur- ban Council for the Arts 52,000 for the elder show and related activities for the elderly, and not the $500 for the children's programs. Ms. Dodge stated her only concern about this funding request was ��hether this organization would indeed be servinq Fridley Senior citizens while they are located at Apache. She agreed W'ItF1i1S. Sherek about-the children's proarams--that the children would not go to AQache. �NN HUt1AN RESOURCES COt1MISSIOPI NIEETING, JUNF 5, 1986 _ __ PAGE 4 t1r. Billings stated he agreed with both �ls. Sherek and Ms. dodge and wondered how much affect $500 would have in terms of qetting the youth of fridley excited about art, They did talk a�out going into the schools. Ms. Dodge stated she felt it was a duplication of what is already being done now in the schools. ATexandra House (Amount requested - g3,000) Ms. Sherek had recommended funding the full $3,000 to Alexandra House. She felt there was a unique service there. They are told funds will serve Fridley residents at the shelter and through a referral sPrvice. Ms. Dodge stated she agreed with �1s. Shere4:. Mr. Billings stated he also agreed with the recomr�endation �ade by Ms. Sherek. St, lJilliams Church ( Amount requested -$5,000) t�s. Sherek had recomnended funding $2,500 to St. Williams. She had stated that after hearinc� their presentation, she was not confident wages would go strictly for food shelf work--counseling, grou� leading, etc., were mentioned by their representative. In order to avoid any "church- state" issue, she felt comfortable only giving funds for food and freezer-- no wages. f1r. Rillings stated they have $31,500 to divide among $46,800 in requests. They cannot fully fund every organization, and this was an area where he also felt they could not do full funding. He agreed with �1s. Sherek that funding for �ither one large freezer or two small freezers and the balance to go to the food shelf would be somethinc� worthwhile for the City of Fridley. He also was not confident the wages would go towards a person working with the food shelf. �1s . ilodge agreed . S.A.C.a. (anount requested - $5,000) �1s. Sherek had recoRmended funding S.A.C.A. $4,000. She had stated there was no douht about effective use of funds. If money was not givPn to St. Williams, she would recorrmend full funding to S.A.C.A. Mr. Billings stated he rated S.A.C.A. for a tie for second with Alexandra House in his overall rating. Ms. Dodge stated she felt this was a worthwhile organfzation aFld served many people. She felt it should be funded 100%, 500 HUI1A�l RESOt1RCES COMt1ISSI�� 1EETIP�G, Jl1��E 5, 1986 PAGF 5 North Suburban Consumer Advocates for the Handicapped (Ar►ount requested - �1,650) t1s. Sherek had stated that although this group looked interesting, they sti11 had no idea of how many Fridley residents are (or may be) served. She was recommending it get a proportional share of the remaining funding with the following organizations: North Suburban Far�ily Counseling Center, Central Center for Family Resources, and Family Life Mental Health Center. Ms. Dodge stated she would like to see this organization receive g1,00� for the slide/tape presentation they would like to develop because it is a new service. The other �650 requested was for wages. North SuburLan Family Counselin� Center (Amount requested -$4,000) Central Center for Family Resources (Amount requested -�5,000) Family Life Mental Health Center (Amount requested -$5,000) Ms. Sherek had stated she had ranked these three counseling-type organizations together because: (1) Continued exis`ence of service not heavily dependent upon CDBG. (2) Requested amounts very small in relation to each budc�et. (3) Differentiation among agencies difficult - each has its strengths and weaknesses. Ms. Dodge stated she had rated Central Center for Family Resources a little higher because of its close proxir�ity to the City of Fridley. N.OTIO*7 BY MS. DODGE, SF.CONDED BY MR. STORLA, TO RECOMMEPID TO CITY CDII.*1CIL TNE FOLLO'�ING 1986 HUMAIJ SERVICE CDBG FUNDI�7G: ANOKA CDUNTY CO."lMUNI.TY ACTION PROGRAM FRIDLEY SENIOR CEN'I'ER NORTH SiJBURBAN COUNCIL FOR THE ARTS ALEY.ANDRA HOUSE ST. WILLIAI�.'S CHURCH S.A.C.A. NORTH SIIBURBA.ti' CONSUMER ADVOCATES FOR THE HANDICAPPEb NORTH SUBURBAN FAMILY COUNSELING CEN':ER CENTRAL CElJTER FOR FAIIILY RESOURCES FAMILY LIFE MENTAL HEALTH CENTER - $6,840 - 3,000 - 2,000 * - 3,OD0 - 2,000 ** - 5,000 - 1,000 - 2,874 - 3,000 - 2,874 $31,588 * TO BE USED FOR SENIOR PROGRAMMING ** TO BE USED FOR FREEZERS AND FOOD, NOT WAGES UPOId A VOICE VOTE, ALL VOTING A�'E, VICE-CHAIRPERSON BILLINGS DECLARF.D THE MOTION CARRIED UNANIMCIUSLY. � � � a o °o v �pQQ � o o g � Cp W N v1 e+l f�1 10 O� C. H � O °o °. a°o °o a�o � .� `� m ui �o .-1 N � �� e O r'y CO M� � v�) . O�'�l 0�0 [L �-1 � f�'1 V °o � e+1 N °o°o N1 u1 O�'��'1 f+1 rl � � N �'"� � O r NO O � u'1 N � N .-1 d � � N �� o � o � � � .� � � �� , � .� � o � ,•1 M � N N p7 � O ��fl o N N .-I d' N O � N � N � 0 0 °m ° ri � r rn � 0 0° o 0 o g o 0 °t�° o`�.�-�n0000 � .� .�1 .-1 N .'� rl N O O O � 000 � 000 � .iNCV � N O � eo�°n � .i tL1 N � N O O �O ^ � '"� 01 rl N � om � � O O O �f1 O Y1 ri N ri O O O �A O � N N '-1 00 0 o °o �°n �!1 .i N 6 g� W � a -- � S � a �� y�Cy' ��(/i�7 � � � Ri R � E �' e�� f� *��t�� W°� dE� `�m � a.�'lf� ' � a�"l� �a a�� a � � � �� z�e .�d aa�� 8 ��, � � E� �I �� a�� '� �t� � W � � d�s � �� H�a�� .� � � M .�-1 f? N 0 0 � � 0 � � � � O O � � O O � � N 0 0 � v� N I � 0 � v n N � � iri � -- O �i �`f N N � � K O � \� �� N N DI � � � O �"( � .�i �--1 aOV�iN� �o� � �; . �� O�\ � � � �O � � N 1 1 � 1 d �a� z �.. f� 8�� N� 'O .� � � O W O .� fA � 7 8 �, � iV .�i '-I � � � � ro -, 4 P�1 �� 01 8 � 0 �w .,, �o 0 O N � O �y 0 ,� o 0 � � ., �� p � a�\ v� �� : � 5PP 5QQ CITY QF FRIDLFY APPEALS COMFIISSION MEETING, JUNE 10, 19R6 CALL T4 ORDER: . Cliairperson Qetzold cailed the June 10, 1986, Appeals Carmissi meetin� to order at 7:30 p.m.. ROI.L CALL: Menbers Present: Donald Betzold, Alex 8arna, rry Sherek Menbers Absent: �iane Savage Otiiers Present: Darrel Clark, ' y of Fridiey Benjamin Ri a11, United Stores, Inc. Mr, and . Rod Brannon APPROVAL OF t1AY 13 .86 APPEALS COf�1MISSION �4IP�UTES: MO^_'ION:BY NR ARNA, SECONDED BY MR. SHEREK, TO APPROVE THE MAY 13� 1986, APPEAI..S CO!lMISSIO INUTES AS WRITTEN. �A VOICE VOTF,, ALL VOTING AYE, CHAIRPERSON BETZOLD DF.CLARED THE MOTION ZED UNANIMOi1SLY. l. CO!�SIDERATIOt� OF A VARIANCE RE UEST VARIANCE #86-12, PURSt1ANT Tt? CfiAPTER 0 EE LL HE CoNS uC I r� � i ION L R H sE sP c r L 3 RL CK , G I I N, NF S 1F E NG 85 - 53RD VENU N.F. (Request by Benjamin Rise a 1, Unite Stores, Inc., 85 - 53r Avenue PJ.E. Fridley, Mn. 55421) MOTION BY MR. BARNA, SEC'ONDED BY MR. SHEREK, TO OPEN THE PUBLIC HF.ARING. UPON A VOICE VOTE, ALL VOTL'7G AYF., CHAIRPERSQN BETZOLD DF,CLARF.D THF. FfOTION CARRIED UNANIMOUSLY. MOTION BY MR. BARNA, SECONDED BY MR. SHEREK, TO WAIVE THF. FORMAL READING OF THE ADMINISTRATIVE STAFF REPORT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. The Administrative Staff Report is as follows: ADr�tINISTRATIVE STAFF REPORT 785 - 53rd Avenue N.E. A. PUt3LIC PURPOSE SERVED BY REQUIREt1Ef�T: Section 205.15.4C.2b requires the side yard that abuts a street of a corner lot to be not less than eighty (80) feet. APPEALS CO��tISSION PIEETING JUNE 10 1986 PAGE 2 Public purpose served by this requirement is to provide adequate side yard setbacks and aesthetic open areas around commercial structures. B. STATED HARDSHIP: "We have a- steep �nbankment at the east end of our property which makes it extremely expensive to buiid on that area." C. ADt1INISTRATIVE STAFF REVIEW: This is a request to vary the setback between the b94 right-of-way adjacent to the exit ramp from east bound 694 to southbound }�ighway 65 from 80 feet to 10 feet (petitioner is United Stores). The proposed addition would be about 90 feet away from the ramp location. The ramp is also at a considerably higher eievation. The use of the building is for additional warehouse space. The only stipulation that staff requests is that the petitioner wc�rk with the City on the use of exterior wall finishes and landscapin�. Mr. Clark stated the petitioner would also be going before the Planninq Commission on June 18 for a special use permit on the percentage of more warehouse than retail in a commercial district. Mr. Clark showed the Commissioners some pictures of the site, one taken from the ramp leading from I-694 down onto liighway 65. Mr. Betzold stated there Highway 65 north of 694, 694 on Highway 65? are plans to not only widen 694 but to upgrade Was Staff aware of any plans for upgrading soutF� of Mr. Clark stated that even if there were any plans, he did not think they would affect the exit ramp in any way. Mr. Risehall showed the Comnissioners the plans of the proposed addition. He stated United Stores was a company that has been growing since it rioved to Fridley about three years ago. He stated they now find it necessary to either add on to their existing building or find another location. They feel this addition will be adequate for at least the next 4-5 years. �4r. Risehall stated the reason they are asking for a variance to come to 10 ft. from the property ]ine was because the land irr�ediately to the east of their building was virtually ��nusable in its present form, hasically because the grade level was at the Central Ave. street level which was about 15 ft. above their current grade level. They would run into a very steep embankment anrf that made expansion extremely expensive in terms of excavation and retaining walls. They also felt that hPCause of the way the property was laid out, the 5SS APP.EALS Ca1MISSI�N MEETI��G JUNE 10 1986 PAGE 3 only thing they really came near was the freeway fence, and they are sub- stantially below the grade of the exit ramp. Qy building this way they feit they would be causing no significant problems to neighbors or oncominq traffic. Another reason for expanding to the north was because their current offices are in that portion of the building and they need to expand the oft'ices also. F4r. Riseshall stated another reason for requesting the variance to 10 ft. was because they have looked at various prices to build the addition smaller. They found that the price per square foot becomes fairly prohibitive unless they b►�ild a fairly good sized structure. Building within 14 ft. makes the addition feasible and gives them around 7,600 sq. ft, of additional space which is sorely needed. Mr, and P1rs. Rod Brannon, owners cf the car wash just to the south of the United Store, were at the meeting. They reviewed �4r. Riseshall's plans and stated they had no objection to the variance as requested. M.OTION BY MR. BARNA� SECONDED BY MS. SHEREK� TO CLOSE TKE P►/BLIC HEARIPIG. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLAF?F.D TXF. PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Barna stated he had no problem with the variance request. Hp stated the plan seer�ed to be well thought out. Any expansion to the east would entail added costs. They cannot expand to the south because of needed parking tot space. They cannot expand to the west because they would gain nothinq and would need a variance there also. The expansion to the north seemed the most feasible and desirable. He did not believe beinq closer to the exit ranp fron 694 to Highway 65 would make much difference. The blacktop at the closer area was still higher than the United Stores roof. t1r. Sh�rek stated the plan looked good, and he thought it was good to encourage growing and expanding businesses in Fridley, He would vote in favor of the variance. Mr. Betzold agreed also. He did not know if there was any re�son why the State Hic�hway Dept, should be aware of this proposed expansion, lie sugqested Staff contact the Hic�hway Dept. before the variance and special use permit requests go to the City Council. P�tr. Clarl; stated he would inform the State Highway Dept, by letter of this variance request. MOTION BY MR. BARNA, SECONDED BY MR. SHEI?EK, TO RECOtfMEND TO CITY COIINCIL APPROVAL OF VARIANCF. REQUEST, VARIANCE #86-12, PIIRSUANT TO CHAP2'ER 205 OF THE FRIDLEY CITY CODE TO REDUCE THF. SIDE YARD SETBACK FROM BO FF.F,_i' TO 10 FEET TO ALLOFI THE CONSTRUCTION OF ADDITIONAL WAREHDUSE SPACE ON LOT 3, BLOCK 1, TARGET ADDITION, TXE SAME BEING 785 - 53RD AVENUE N.E. , WITH THF. S'_►'IPULATION THAT THE PETITIONER WORK WJ.TH fiHE �I'17 ON THE EJSE OF EX2ERIDR WALL FINISHES AIVD LAIJASCAPING. 5TT APPEALS COPINISSI�N MEETING, JUNE 10, 1986 ___ PAGE 4 UPON A VDICE VOTE, ALL VOTING AYE, CXAIRPERSON BETZOLD DECLARED'THE MOTION CARRIED UNANIMOUSLY. ' Mr. Betzold stated this item would go to City Council on July 1. ADJOUR�JME��T : MOTION BY MR. BARNA, SECONDED BY MR, SKEREK, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTIIJG AYE, CHAI22PERSON BETZOLD DECLARED THE JUNE 10, 1986, APPEALS CObfMISSIDN MEETING ADJOURNED AT 7:50 P.M. Respectfully su itted, �!�c -r,.-�- -G�-l� yn Saba Recording Secretary � 7 � _� ; ' i V9&�#86-12 `'� � � �, j j-�CTnited Stores ' : ., _ - ___ __ _ __ __ .,�"�� - _ . ._ _- : .." ___��_-____��`�� 1 � ��._�, • • _ - \ ---�_�_=. �. : ��_ - - - ...� � \ �� `- � . • rD _��+^ _._'._,� _'_. `� i I "�� \ 7 l \` `% ,i�`\ I \• �_' . I^ � . \O� 3 O� � •�♦ �` .\ `�\ �� : ��: ,`� �f � _ � � .. ., ? ^ I f �-r.a•w_ P ;Ro. .. �: iP � . � . �' 2��' '`_ : .�� P,�� ."C� . �SIM� 4 , Y.t Y � N ' . . l �. pu ,�o .-, R . _�_—_ _.__— _ ' :S'a' " � i � , _ ,_ � I 2 5 �; 1 � i � 1 � 1 �: � I, I; �i ,� w� I: ,� I1 I j; � � r «� I I � � � I SEI C �RNE-' SE� 23 / 9 ,,,� ,�F�. . .._.. . _.. . . ... . . _ .y .:_....11C_�_ � - —._--'_._._._ .-- . J 5UU LOCATION MAP i� ,, � � :, VAR #86-12 United Stores �.J��f T�21l:%�G �i�iK � r t� v 1�' n �_� . . � -- N� Yd ��"J�`� p�fT� Ot�t � � ±_ E'�--- �XI�Tit�Y� �� ; � �� ! �► �� 5VV � -� �� f Rl DLEY T0: FizOM: IaATE : OiRECTORATE oF PUBLIC WORKS MEMOiaANDUM Nasim Qureshi, City Manager ' John G. Flora,�rublic Works DirectAr July l, 1986 SUBJECT: Repair of the 1.5 NiG Resezvoir, 53rd and Johnson Street c° `a �;;� �° . � � � � � :. . The finn of TfalA has prepared the plans and specifications for the repair of the 1.5 MG Reservoir located at 53rd and Johnson Street. The repaix wr�rk coalsists of r�noving the existing poly liner and repairing the concrete walls and roof, insulating the roof and installation of a new roof surface. The plans call for completing the work within twenty-one days and an option for accelerating the regair work to ten days. In order to schedule the wc�rk after our s�tcier dem��d and before the weather beccmes cold, it weuld be appropriate for the Council to authorize the advertiseirent for bids for repair of the 1.5 MG Reservoir, Project #7-61. Recam�azd the City Cotmcil approve the attached Resolution. JGF/ts Attachme.nt f :i RF�C[.tTl'ION N0. - 1986 RE�,UTIpN �2D�ERII� , ApP1ZUVAL OF PLANS AND ORDERING ADVERTISF�lT FL�R BID6; REPAIR OF JCHN.S�CN SII2EET 1.5 I�+G RFSIIZVIOR - 1986 , PRQ7EGT N0. 161 WHIItF�S, the wnstruction of certain imprwements is deemed to be in the interest of the City of Fridley and the property awners affected thereby. NQ�T, �iERg�pRE, gE IT RESC[,VID by the City Oouncil of the City of Fridley, Anoka O�unty. Minnesota as follaws: 1. �.Yiat the following impravenents proposed by Council Resolutions are hereby or3ered to be affected and ccmgleted as required: Repair of Johnson Street 1.5 NG Reservoir 2. 7he glans and specifications prepared b� Zbltz, King, Duvall, Anderson and Associates, Inc. ua�der the direction of the Public Works Director for such im�ravements are hereby approved and shall be filed with the City Qerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newsgaper actvertis�nents for bids upon the making of such impravenents tmder such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days) , ancl shall specify the work to be cbne and will state that the bids w ill be opened and consiclered at 11:00 a.m. on the 7th day of August and that no bids will be considered unless sealed and filed with the Public Works Director. �at the advertisement for bids for REPAIR OF JOHN.9CN SIREE,T 1.5 NG RFSERVIOR - 1986, PRGUDC� N0. 161 shall be substantially in the standard form. PASSID AI�ID ADOFPID BY �iE QTY O�UAICII� OF THE QTY OF FRIIx,EY THIS 7TH DAY OF JIII,Y, 1986. WILLIAM J. I�E, 1�1YOR ATPF�T: S�iIRLEY A. HAAPALA - CITY CI�ERK 3/6/10/1 `� . �� 1 : 1 / i '� REPAIR OF JpiNSON STREET 1.5 MG RESERVOIR CITY OF FRIDLEY, MINNESOTA � PROJECT N0. 161 Sealed btds will be recetved and publtcly opened by the C(ty of Fridley, Anoka County, Mtnnesota, at the office of the Public Works Oirecto�, 6431 Untv erstty Avenue N.E., Fridley, Mtnnesota 55432 (Tel. 571-3450) on the 7th day of August at 11:00 a.m. for the furnishing of work and materials for Repair of Johnson Street 1.5 M.G. Reservolr. AIl In accordance with spectfications prepared by Toltz, Ki�g, Duvall, Anderson and Associates, inc., 2500 M�erlcan Mattonal Bank BuJiding, St. Paul, Minnesota 55101 (Tel. 292-4400). Plans and spectfications may be examined at the office of the Public Works Director and copies may be obtai�ed f� the Contracta-'s tndtvtduai use by applying to the Public Works Di�ector and depostting wtth the Public Works Dtrector E25.00 fa- each set. The deposit will be �efunded to each bidder submiti�ing a bona fide btd upon return of the documents in good condition within ten (10) days from the bid opening date. Bids must be made on the basts of cash payment for work, and accompanied by a cash deposit, certtfied check (on a responsible bank in the State of Mi�nesota) or a btdder's bond made payable wlthout conditlo� to the City of Fridley, Minnesota, in an amount ot not less than 5� of the total amount of the bid. The City Counctl reserves the rtght to reject any and ail bids and to waive any lntorma!(ttes !n any bids received without explanatlon. Bids wfll only be constdered from Contractors experienced in the type of repair work specified tn the Contract Documents. No bid may be withd�awn for a period of thirty (30) days. By order of the Ci ty Counci I of the CI ty of Fr( dl ey, M1 nnesota. Dated thls 7th day of July, 1986. Publ ished: Frid�Y Foc,�s July 14, 1986 July 21, 1986 July 28, 1986 John G. Flora, P.E. PUBLIC WORKS DIRECTOR ,�instr ��ct_,,,_ f on B�I I et i n July 11, 1986 � July 18, 1986 July 25, 1986 8677 � RESR,i�i'Ip[ii DiO. - 1986 R�SCI,U!'TON QRpERIl� IN1P'RWII�]'r, APPROVAL OF PLANS AN ORDERING ADVERTISING FOR BIDS: LANDSCAPING, IRRIGATION AND STREET LIGi�ING PRLZTDCT �168 BE IT RESQLVID by the City Council of th City of Fridley as follaws: 1. That it appears in the interests of the City for the developnent of the 100 21ain Drive-In property, that certain landscaping improvenents be constructed on the 100 7.tain Drive-In site. Zhe improvanents to be completed shall consist of tree glanting, sodding, irrigation, retaining walls and lighting. 2. �at the Public Works Director, 3ohn G. Flora, City Hall, Fridley, NN, is hereby authoxized and directed to retain Sunde Engineering, Inc. and Ernst & Associates to draw plans and specifications for this work and to advertise tor bids for the installation of these landscaping improvenents. 3. �hat these impravenents to the 100 Ztain Drive-In property are to be oonstructed according to the sicpied develognent agreement between the Gity and the HRA. PASSID AI�ID ADOPfID BY TfiE CITY OOUNCIL OF THE CITY OF FRIDLEY �iIS DAY OF , 1986. WII�LIAM J. 1VEE, Ng1Y0R AZTEST: S�iIRLEY A. HA�PALA, QTY CLII2K 3/6/1/2 � PLANNING DIVISION � cinroF 1��LEMOR,ANDUM fR1DLEY _ MEMO T0: Jock Robertson, Community Development Director Jim Robinson, Planning Coordinator MEMO FROM: Ric Wiersma, Code Enforcement MEMO DATE: July 1, 1986 REGARDING: Apache Camping Center On July 25, 1977 Apache Camping Center's request for SP #77-04 was approved. One of the stipulations for SP #77-04 was for Apache to have no more than two trailers in the front of their showroom. In 1983 Apache applied for SP #83-03 to expand on SP �77-04. This request was denied. I plan on tagging Mr. Pawelski of Apache Camping Center on July 7, 1986 if there are more than two trailers in the front yard. I have tried to work with him on resolving this matter: Phone conversation - January 6, 1986 Letter - January 7, 1986 Letter - March 7, 1986 Personal Visit - May 2, 1986 Letter - May 8, 1986 Phone conversation - May 27, 1986 The last conversation I had I told him I would give him until after July 4, 1986 before I would tag him. He said he has been trying to sell his property so I gave him some time because I feel that he is serious about relocating. When I spoke to Carl Newquist he suggested that the tag be issued for the storage of vehicles in the front of the showroom and not to include the lack of landscape work. With Mr. Pawelski trying to move and after nine years have passed since SP #77-04 was granted, the court may frown on pursuing the lack of landscape work. RWW/dm M-86-138 .� — � 12S - - - - -- - - - _� �_-- -- - ' 88A I . REGULAR MEETING OF JULV 25. 1977 4 , i i Councilman Fitzpatrick indicated Ae was not inclined to �aove th rezoning of the' R-1 property over the opposition of the people in the neighbo ood. Councilman Fit2patrick stated the objections ►+ere to increased traffic a residential street and increased pressure on inadequate recreational f ilities. He felt, by locating the parking tot on t�e north end, part of th traffic would be eliminated; however, because of the situation at the e ts, people Nill drive - around the block•to exit on the other end. He felt. general. there nould be increaseE traffic in a residential area. j Councilman Schneider stated he shared Councilrta itzpatrick's concern and couldn't 1 camfortably go along ►vith rezo�ing in the R-1 rtion. i MOTION by Councilman Fitzpatrick to deny t rezoning based mainly on increased f traffic in a residential area. increased essures on inadequate recreational � facilities and opposition by the R-1 p erty owners to rezoning the R-1 property. Seconded by Councilman Schneider. Up a voice vote, all voting aye, Mayor Nee i declared the motibn carried unanimo y. i The petitioner requested that al minutes from the Planning Commission and � Council pertaining to this it e forwarded to his attorneys, Dorsey, Marquart, MiMhont, West 5 Haliaday. ' ` CONSIDERATION OF FIRST RE NG OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV �77-05,� i CITY F FRIDLEY, LAKESI ROkD R GHT OF WAY; GENERALLY LOCATED BETWEEN THE 1500 AND . 600 BIOLK ON TNE SOUT SIDE OF O��O��DA�A S7REE7 N.E.: � MOTION by Councilm Schneider to waive the reading and approvc the ordinance upon � first reading. S onded by Councilwoman Kukowski. Upon a voice vote, all voting � aye, Mayor Nee clared the motion carried unanimously. 1 I CONSIDERATIO OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY YACATION � A�V p77-04 FRIDLEY UNITED METH pIST CHURCH; 6ENEP.ALLY IOCATED AT 666 MISSISSIPPI I 4 � MOTIO Dy Councilman Schneider to Naive the reading and approve the ordinance upo first reading. Seconded by Councilman Hamernik. Upon a voice vote, all � v ing aye, Mayor Nee declared the motion carried unanimously. THE PLAN��iNr, r� �*s «=^•� �+FF7ING OF JULY � APACHE CAMPING CENT , SPECIAL USE PERMIT SP �►77-04 1 EAST RIVER ROAD: � Mr. Sobiech. eublic Wo or, exp ained the Planning Comnission held a ! public hearing on this request for a special use permit and recommended approval ; Mith tertain stipulations. He explained the petitioner met with property owners ! in the area and there is general agreement between them regarding operations � at this site. The Planning Commission recommended the following stipulations: � 1. That the development of the property be generally consistent with the ' plat plan submitted by Apache Camping Center, corrected to show t►vo concrete slabs adjacent to the showroom. � 2. That landscaping be improved subject to the approval of City staff, with i showroom visibility acceptable to the tenants and adjacent neighbors. 3. That there be no outside loudspeakers. ; 4. That outside lightin9 after 10:00 p.m, be limited to security lighting of ` the property (the illumination being such a nature that it would not be � annoying to the adjacent neighborhood). _ � 5. That ihere be the maximian of two units (one on each concrete slab located i adjacent Lo the showroom) displayed in front of the shoaroom. 6. That there be no test driving in the residential area. 7. Any unsigh tay storage be stored at the rear of the property (behind the � building). . .� - -- - - --- - -- — -- • _ _ � 'r� i � REf,ULAR MEETIN6 OF JULY 25, 1977 8. TAat the driveaay on East Rtver Road not De used by customers. 9. Sales of iaotorcycles and snownbbiles be ezcluded. PAGE 5 � Mr. Sobiech mentioned another stipulation which�night be added is that the ' special use pe►mit be granted to the property a+ner for this particula� use !only. He stated the interpretation the s Wff rww uses is that this special use ; pennit is for a particular use and if anyone else wanted to use the facility for i ' something otAer than this use, it would De necessary to come back before the ( Council. Hoaever, if the property ►vere used for the same type of display that is rwa proposed,� it would rat cane back to the Council. i � Mr. Herrick, City Attorney. agreed Mith the interpretation by the staff in this regard. ! Councilman Fitspatrick questioned if these stipulations Mere accepted by the � property owner. Mr. Wornisbecker. 13401 Southridge Road, stated he is involved , in the lease and the property owner is aware of the stipulations, and he does . not think there will be any problems. _ Mayor Nee questioned the amount of square footage to be used by the Apache Camping Center. Mr. Sobiech indicated they aould be using about 4,000 square feet in the rear of the butlding. Councilman Fitzpatrick indicated the request is for a particular use of a portion of the building and eventually there r+ould probably be a request for use of the remaining part of the building. Mr. Sobiech explained the ioniog of the property is C-25. F{ayor Nee stated he personally does nat like the idea as he has a bad feeling about display when they are trying to keep it as a residential area. He questioned if the neighborhood agreed to this special use permit. Ms. Mary Martin, 133 Stonybrook Way N.E.. felt the neighborhood realizes something wi11 De going in the Duilding and this seemed to be the Dest alternative. She stated it is zoned commercial, and residential would be the only better use. She indicated, as far as 51►e is concerned. this business is probably not going to bring in a lot of people and the petitioner has agreed to only two vehicles in front of the building. She stated the residents are probably in agreement that this is tfie best possible use at the moment. She requested an added stipulation that r+hen the camping center is no longer in business, the special use per'mit aould expire. PpTION by Councilman Fitzpatrick to concur with the Planning Commission and grant SP #77-Oa with the nine stipulations as outlined in these minutes and with the added stipulation that this permit is issued to Apache Camping Center and the special use permit shall cease, if the use changes. Seconded by Councilman Ha�+ernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. EVANS, SPECIAL USE PERMIT, SP R77-07, 6040 BENJAMIN i Mr. Sobie ted this is a request for a special use permit to allow construction of a 27' x 24 ched garage to be used as an accessory building at 6040 Ber�jamin Street. He ed the Planning Caimission field a public hearing ! and �ecomnended approval 's request. 1 � Mr. Sobiech presented a preliminary or construction of this accessory �� building. He explained the �ew buildirg a iveway will be off Ferndale ; Avenue. I MOTION by Councilman Schneider to concur with the recam�en ' of the _ Planning Commission and grant SP #71-07. Seconded by Councilwan arski. ! Upon a vaice rote, all voting aye, Mayor Nee declared the motion car� unanimousiy. i I 1 �T • � � , 10 . : �,, � •• .. .�7��r11�.. �: 11 L1p�n a roll call wte, Cb�cilaan Fitzpatrick, O�uncilman Barnette, yor Nee, Cb�ciLran Sd�u�eider and Co�cilman Aamernik a11 voted in fav , and lsayor Nee declared the mation carriecl �animaLSly. - ��IIII �,� r '. M�TION by Ca�cilnan Barnette to vaive the first readi f this ordinance and approve it on first reaciing. Seconded Dy Oo�a►ci Sdu�eider. Oaa�ciLnan Sciu�eider stated he does have a problen ith .Section 6.02, and vas ooncerned if all three of these proposed nc�nents could be taken 6eparately. Mr. Bill H�t stated he felt the �arter ssior� saw this as a package item and felt Sections 6.02 and 6.04 bal off Section 6.01. He stated if the Council wishes, he can get an opi on from the Charter Conm�ission, but felt they �a�► these as a package i . !rii'ION by Councilman Fitzpatrick o table this item to July 25, 1983. Seoonded by Co�ciLran Setv�eider. . Mayor Nee statea he �rould not present at the July 25 me�eting and it was brought to the Council'6 a ention tat Minnesota statutes prcvide the acnenc�t has to tie approv by the Mayor and by an �animous vote of the Owmcil. Cb�cilman Fitzpatric then Withdrew his motion, with the permission of his s�eoonder, Counc' Sdzneider. Mayor Nee sugges a vote oould be taken on the first reading Which would allow Co�ci Schneider Lime to clarify if these items had to be taken as a package z if they could be taken separately, prior to the second reading of e ordinance. UPON A OLL CALL VOTE TAREN ON THE MOTION FOR FIRST READING OF THE ORDIN CE, Councilman Fitzpatrick, Cour�cilman Schneider, Mayor Nee, 0� lman garnette, and Councilman Hamernik all wted in favor and Mayor declared the mation carried unanimously. : �r �//►. � : � ►. �� .► � ►I /Y�'- �. 11►i u � � _ � �I : �/�: :.��`�� !!r. Flora, Public Works Director, stated the Council approved a 6pecial use permit, #T1�4 in 1977 for Apache Camping Center which a1loWed the �ales and service aF recreational vehicles and a limited outdoot display of two tiaiits. - Mr. Flora stated, in conjtiaictiart With ti�e spe�cial use pennit, there Mere a number of stipulations and, essentially, four of these have not been oonplied with ana the City tsas atte��t�ed t� �� °OR�liar�ce for a n�nber of years. Mr. Florn stated t�,e request riow before t�e Cb�a�cil is foz an addition to the otiginal special use permit in order to alow► for the display of 6ix ta�its, and the Plaruiing Co�rmission has re�� denial of this requeGt. �• � ��. 1�. � •I��Y�►. �• 1�1 • `� M7I'ION by �ciL�an Fitzpatrick to ooncur With the recor�nendation of the Planning Commission and deny the request for special use permit, SP �63-03. Seoonded by �cilman Bamernik• UPon a voice vote, al� voting aye, lKayor Nee declareci the motion carried �nanimously. i � ' �� ) _ �I �� : �' � ; ti ��.•M Y 7' � • :� � �,��; � .►�.i : �I . — +•�—•-��.�t-.t.—= ; r� �. : \/�.�I a� 4�+::: + Mr. Flora, Public Works Director, stated this property fs Iocat in the flood plain and, therefore, requires a special use permit. r. Flora stated there were a n�anber of it� discvssed at the Plannin Commission pertaining to the c�cainage and oonstruction of the building. Mr. Flora stated tiie structure would be surrounded by a ilt-up berm so if there is a flood, it doesn't affect the structure. Mr. Flora stated the question c�me up about the drai e to the south and east of the property. He stated the developer plan to drain the lot to the front and follow tbe natural drainage to the th where it will enter into the storm syste�n. Mr. Flora stated the Planning Comonission r ommended approval of the special use permit with the stipulatians tha a workable drainage plan be appraved and retaining walls be pazt of the ainage plan, provided they are required foz drainage. Irir. Flora stated he felt it is possib and build the structure, as proposed. Mr. Sci�ack, 685 Glencoe, stated he help and snow melting from the wi�l adequately drain the property 3n't feel the retaining wall would w�uld drain on his property. Mr. Smith, 8141 R.iverview Z�err , felt the home would be a good addition to the area, but was concern d about water draining through this front yard. Mr. Flora stated he met ith Mr. Schack and while they don't have the drainage plan availabl y, it is possible to mave the drainage through a swale to the curb a into the drainage system. ee said all that is being c�anged naw i.s rt of the lot is being built-up so the house can be constructed above e flood level. Mr. Flora sta��taff reviews all plans ar►d in this particular case, they would insure water oontinues to nave in its present fashion. Mr. Aerrick Gity Attorney, stated as along as the homeowner is reasonable in his oo truction, he has the ri�t to build even if there is additional drainage Ae stated it is � to the City to see that there is a resonable draina plan for that azea. He su99ested the drainage plan be obtained and a urvey to obtain the elevations and when the grading is done, check to e sure �.t oa�lies with the elevation the plan shows. .¢ireshi. t'ity Manager, stated the water will drain as it does now from st to west and then r�orth, however, there is potential for additional �rater bacause you are adding a structure. � . � .��,�� • - W „, • , , .. �,. "' + „ ' - zo ��3 " , � i � j \a`•,. .� � a (e � r!: '11 �9 �� - iy �: r � \\ �''7 '� 9td9 I:"� ?�v ,,� • t r p'�i «o t7o lio ��o t* r40 � `�; _ „ Apache Campi ng Center i, � ,,� ,'; SP #77-04 dnd SP #83-03 .r ' : !' , �� I � '� _„ � _ -�,,�! � � 7 3 4 � s � � ^ f � : _ .i ,I j. _ � � s �E � � ' , � � ? :bi _ 1.� : �i a . z�s t ��9� � � <<i � � s��; �� •., ,� •; _� '1qo0 � � �. . � ,�,, � . �• _ '� Z '' STREET ` � r�� 8E , j 'o' -- -- : �, � , . • �� ^ 1� � ` j . . 1 . . ; • .1 � i/ \` � ,., � � ` �I .117 .., � MI. �1 �1 � (� 7�',ii 7�c � �1C � T '{ �'��. ^ • , '. a 1Yr / l �i. �Gii i f �4 � � � �''� � � •� i �` . : .e • . •. .. _ . • • � ' � . .� -►. �'� '' `� ' ,. ,� . r ,, ?�` � , ;c � .� ` \� .. � ;. : � : �,j- � �. � f , . : i.� k r,. : , . .,, - '�s �� h' �� 3 I�: � c 7 P 9l io �i ��,iji� 1/� / f i9�1 i� .�f ; � � � x s: ,� �' d'! 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'_ � , .-��` • r �'. � � , � . '• 'l `, . r t. . • } � � � ! � ,r�'� ',�J .. . j � r �� }+ �' � , •� , I � • .' f . .�• * � � � - ��. �+ \ , si♦ /r� '` l � � ' � ^ - .�1P , : y'`�o = : � � � < <z•- --•-� �� p � „ , fgo � . , ; � .... t . ' . a � , z .�, � '1� � � ;'� • . � �� r � yo 1 '�� - �� ` '� = c �.•' � �qQ � ,� � 2ND ;� ' '�,. �. �� Q . �� K � y�t \� �� ` • ' �, w iM.! • � o � � C� ; . . �v` ' \ �� •' ,55 : • � ��p `, 1' .r ,� � j ?�, s . ;' '• .�C'� ' -' '� � ` _ ' %�QLJ. �iq -�� ` � _G(.�r" ' + \� �- � s' + • �•ti ` 1,`�,� JG 4 \ 1 d , .�. I� �i ~� i f •, I \ �. . , r , J � `� ♦ . . + Y ' � % - , w,N . e • • _ ��-- : , . �._ZL T ii �i � � ,. � • � � � �i :+ �► � it! �: ` ; 1 1\— v. ' y.• ,,` \ i. /� �\ � �� " - i� n / ,�_ rf / J \\ � � �; 3� .7 � � p I V � M �� :��' � ' � , - �-�`�� '� -i -�� ,�.� �`}'r ��-= � �� ,�: � �. r j;� 3� •r . ��i � t � � i � - �� '�� , � ,� 1 .��t :,,� � •,'�� . g�w,, x �e� �� ,� � �v� l�,�. �' - � -�� i '�1��- 6�� p� ,}� • �� '.,� _ �; .. . _R.� :., :4_} , �� Apache Cgmping Center SP #77-04 and SP #83-03 � J ;•y'� >" � •"� `� / � / ;� �,` �c �/ . �:' i ,�.: � . �, . . �� . 0 / � �r �'+*° ��,a .♦ � �i .. � �. ; � � V 1 ► � � f � 3 Y � �,t' ♦ �� _e '-� � �I ' .j { ,i ,: / .� ,' � � 1 � ` U i i ; gj 8F � � ci�roF FRIDLEY I�',ND 2D: PLANNING DIVISION 11/lF_M4IZANDUM Jock Robertson, Q�anunity DeveloPnent Director MEND FROM: Jim R�binson, Planning Coordinato ��. MEt+D D�1TE: 3�e 24 , 1986 REGARDING: Registered Land Survey of St. AnthonY Village Shopging Center On March 16, 1985 the Fridley City O��mcil officially approved a lot split, L.S. �85-02, to split off two garcels, both part of Lot 17, Auditor's Subdivision No. 88, to be sold to Shorewood Inn for parking and building exp�ansion purposes. In attempting to reoord this lot sglit at Anoka County. the petitioner's were told tnat due t�o the oomplexity of the legal descriptions and the fact that the property is Zbrrens, that the lot sglit would not be acoeptable. Reoently the petitioner su�mitted the attached registered land survey tor the three tracts as shown. �e registered land survey provides a subdivision which is iclentical to the previous lot split reguest. There is an adde6 benefit to the RL.S. in that Tract C, the oamnon drivaaay, as noted on the diagram, can be a recorded parcel property which will simplify the description of the joint drivaaay easement necessary for the project. The previously requirenents easernents are also included on the RL.S. In revi�aing the subdivision ordinanoe, C�apter 211 of the Fridley City O�cie+ it was noted that a registered land survey generally follows the same prooedure as does a glat, i.e. public hearings at Pl•anning Commission and City O�uncil. In as much as the petitioner has already completed the lot split prooess and the Council has already apprwed the subdivision, it would appear that it would be an iuuiecoesazy hardship to require additional public hearings on this matter. Chapter 211 allaws Council some discretion in determining the need for strict a�erenoe to subdivision prooedures. Section 211.03.2 states that "in any case in which compliance witti the foregoing restrictions will create an �uuiecoesary hardship and failure to comply does not interfere with the purpos�e of this Q�apter, City Gouncil may waive such oanplianoe b,� ad�ption of a resolution to that effect ano the oonveyance can then be filed or recorded." � Should Council concur with the hardship it would be appropriate to pass a resolution authorizing recording of the aforementioned registered land survey. Attached please find a resolution for CAUncil. approval. Also enclosed is a oop� of the Pwgust 5, 1985 Council minutes when L. S. #85-02 was appraved. JLF;/cl�n A4-86-131 ' P�ecw�c-.O REGISTERED LANO SURVEY t�lO. A1.�OKA GOHwTY� M�W►.iE�.OTA ocss�ca�� T�o�J Thac part of Le� 17, Auditors SuAdivision No. !8, �l�o beia� part of [he Southve�t Qwrtar'of Eection 13, iovnship 30, Yange 24, Moka County, Minne�ota, de�eribed a� follavs: beainning at a polnt on the �outb line ot said Southvest Querter, discant 232.00 feet East of the lnter�ectlon of the �outAa�[erl� iisht of v�� llne of State Highvay No. 65 �nd the •aid souchline; thmee Nor[h, at a ri�ht aa{le to �aid wuth line d1�Unt 285.54 feet; [hence Eest parallel to said southline distant 210.00 feet; thence norcherl� on a nootm�ential eurve concave to che northvect for a discance ot 90.OQ teec, radiva !s 73.26. ehord bearing i• !1 37' 1T' I1" E. chence � 4° O1' OI" E, di�tanc 267.0 feet; thence N 86' 66' 30" W dl�tanc 25.05 feet; tbettce S 6' O1' 02" W distanc 268.0 feet; tAence on a tan6enti�l cocve to the r16ht for 75.0 feet. radlu� of Nid eutve !s 96.28 feet, thence casterly, paraliel vi[h the �outh line of s�id Southvest Quatter di�t�nt 50.0 feet; thence �wtherly, 285.54 feet, to a point on the said south 11ne, distmt 309.62 feet easterly of the polat of begionin�; thence vesterly. •long raid south line, to the polnt o[ peslnning. Sub�ect to a�sesente. owNCrz s� A�rno�Y vi�4c,c s++oA�v�c, ec�rr��c ,(�c: 25 Univ¢r�ii� /Lva.S•C. M �.. , N�1 7ra�4 T� 3�9- zvz8 1 � � l ; � ,� �rcc cecc� �----__.._ �,` 'L- � � Z5. DS � �-o � ; � � � �— ("'� -►,16�°4�.''16"1�l � �� i�, � �� I � � ` �� J�� `/ /_ \A_/..�V �ctr- i ','i � ; �eg��J� � _ \ i ' � � 1° �n � i � � � \ a �_ u�l / � ` �-'- 2 •. f�� / ' ' � � \ `� \ t � ,�,� �� i/^ �� ! �, �' h'� 3� • � �' � �, . r� a,,'��>` ` / ` � '.sr_.,,,,t L.L^.o EI.� , V i : , � �. � � �.y�v.o �. B n � J � N N r� `� ,LL' 'l1 N � N � ! C ^ � s� � •<' / zY `� �' � F- z LC�,p � �� • = / � (�� .1 , � 4�'� �ia° _ `� � / � _ ,_ '.r��W. ._ �/ d ai / � - F- r � � T , � °-y� "4�?' . . � � � � Q � M�� G� f- ` � ��r � �' � �- .. � � ..r � ;�-� ,' ! � % . � �� - �► � ��r w��; 5A - - � ; �1� ;N "' ,� � at�1 V 1 �; 1� o�y �;�, �";='�i_ D'"'�-=�"sad�,* � Sc.a� t a FF�T �f � , � r �, _ z� y:��,� � Sc.n�E � 1 �:,�1, _ �uo �� ► rr ��, � � „e. v°', � �: _ , i / � / ` d° �— '^ � -- - _ , --" °S� " .t5enr+.•cJs sha.� ort qssvnred 23Z,.o0 �S�.g 152.8! O Dt/�ofCS lrpn MowN�11C/!T 3�8i ' 3O`9v� �fE=r - �r S�x.T+. No CotNf c_ �t slc. . ,;, �we �jo. E..e 24 � � ' --- S.x�1r j�� 4� �Rt �V Sec. � Tw� �D� �.9�1 �BUR �N �`-,. _ Coutti� ��n� � i.CTS.��i� 7 w'��N�Ir��Ec�I�N.�,Y�1l��.., ��.' � Gb7s h�.r y. `bS �� c=1L.' Frdla.� , wtN ss4s� Qev. 7( � � b I� �1. 57/ - balib R�S(�,UTION N0. 1986 RESOLUTION APPROVING A SUBDIVISION, RFrISTERED LAND SIJRVEY FOR ST. AN�i�TY SHOPPING CE[VTER, ZD SPLIT OFF �n10 PARCII�S, �(7�i PART OF LOT 17 , AUDIR�R' S SUBDIV IS ION N0. 88 ZO BE SCLD Tp SEiORBnT00D INN �R PARKING AND BUILDING F�ANSION AT 6161 HIGI�IAY 65 N. E. WHEREAS; Chapter 211 of the Fridley City Code allows the City Council discretion in determining when strict adherence to the subdivision regulations would create an i�uzeoessary hardship; and WHE�2FAS; lot sglit L.S. #85�2 by St. Anthony Shopping Center was approved Y� the City Council on August 5, I985; and WHEREAS; the lot split was determined to be unreoordable at Anoka County due to comg].icated legal descriptions for Zbrrens property; and WHIIZEAS; the petitioners have sutmitted a Registered Land Survey which would be recorcl3ble at Anoka County. NQn1, �IIItEr�RE, BE IT RESCLVID that the City Council does hereby pass this resolution appraving Registered Land Survey for St. Anthony Village Shopping Center. PASSID AND ADOFrID BY �IE QTY �IJNQL OF THE QTY OF FRII$,EY �iIS I�AY OF , 1986. WILL7RM J. NEE - MAYOR 3iIRLEY A. HAAPALA - CITY Q,E�tK 3/7/3/20 �1•; 9. 10. 11. �J t �� • ; � c�_ �L•j:}� Raad Business Oenter at 5301 Fast River Raad N. E. Seconded ci]man Goodspeed. Upon a vaiae vate, all voting aye, Irhyor Nee ded e motian wrried �a�animously. . �FSIDENI'S • IrDTIDN by tb�cilman Sc3�neider to authorize the Ma r and City Manager to enter into this agreement between the Cit and the Anoka County Ooqmiu�icatims Workshop, Inc. Seoonded by Co cilman Barnette. Upon a voice vote, all voting aye, Mayor Nee d ared the motion carried una nimously . I�r. Burc�, Assistant Public Works ' ector, stated the CYty has been working with Minregasoo and Northern Stat Power rn ererc�r prograns. He stated the house d�ctot progran is f�nded Minnec�soo where a personal energy audit is made a� hanes and reoa►m� ' ms and repai rs are made to the home. He stated Northern States R7wer' ocmtributim is through neighborhood energy workshops and three have scheduled this fall whicfi a�noentrate rn three reic�borhoods in the aent part of the GYty. O��ncilman Scfir�eider ed if other residents oould participate if they don't live in these ighborhoods. Dfr. Burch stated they are initially starting in these rticular reighborhoocls, but if you 1 ive outside these areas where the w kshops will be oonducted, you would be weloome to attenu. He further stat the house cbctor progr�n is City-wide. Opincilman S neic3er als� felt �at Anoka C,ommunity Action Program, Inc. should be are o�F what is being done in these programs in order to avoid ary ciugl ' tirn of serviaes. Cb�cilman Sdir�eider tc� adc>pt Resolutim No. 62-1965. �nc3ed tr� Co�cilman Fitzpatrick. Upon a voice vote, all votin9 aye► yor Nee declared the motion carried unanimously. l�r. Burdi, AssistaM Public Works Director, stated the Shorewood Inn hds been working wi� Mr. Saliterman to obtain additional pxoperty to exF:and their parking facilities. He stated plans have been worked out for ti,i� area invnlving some �anges and impra�ener�ts for t2-,e site. He subnittE� a sa te pl an f a the Shor �aoa3 Lzn. Mr. Herrick, C1ty Attorney, asked if they are praaeedis�g with both Phase I an Ft�ase II. Mr. Lowell Air�as of Milo Atchitects and Engineers (representing Shorewooc -7- 9C �� ir_��y � :--y . � Inn) stated the� are prooeeding wi� �ase I azly ancl plannin9 to add to the ki td�en area, cl ose in the alc�ve that i s naw ope n and add 35 to 40 mor e dining aeats with an outside seasonal dedc. He srtated, in the future, whid� will require additirnal parking, they plan the additirn of a banquet winy, p1tLS extensive interiar renodeling. Q�incilman Sd�neider asked if they Were aware af �e park fee to which they answered in the affianative. MDTIDN by Cb�nci.lman S�reider to adppt Resolutirn No. 63-1985. Seconded by Cb�ncilman Barrette. t?p�n a vaiae vote, all voting aye, [�.yor Nee decl ared the motian carried �aianimously. 12. RDCEIVING RESI TIOh F BAFi�1FiA ROCI�R F'ROM Ti� RE URCE COMM ON AAID APPOIIIIT',II�T TO kJUMAN RE9�URCF.S 0.�NQ4ISSION: IrDTD�N by m�ncilman Sc3�neider to reoeive the resic�atim of ar a Kocher frun t3�e Hunan Resouroes Corrvnission. Seoonded ty Co lma oodspeed. Up�n a voioe vote, all voting aye, Nk�yor Nee c3eclare the ion carried una nimously . t�DTION by Councilman Barnette to table thi appoin ent. Seoonded by Gb�cilnan Goocispeed. Up�n a vaioe vote, al,�v�oting e, I�yor Nee declared the moti m ca r r i ed tima nimously . 13. Q.�AIMS: NDTIDN by O��ncilrran Fitzpetrick o autho ze payment of Claims No. 3661 throu¢� 4018. Seoonded by CA� lman S neider. Upon a voice vote, all voting aye, t�yor Ivee declar the mot' carried unanimously. 14. LIC�f1SFS: NDTION b}� Cou�cilman B nette apprwe the lioenses as sutrnitteo and as of� file in the Li�ense erk's fioe. Secvnded b� O��cilman Sd�reider. Upor► a voice vote, all otin aye, NSayor Nee decl ared the moti on ca r ri ed unanimously. � � 5 . ES'TII�IATFS : NDTDJN by Q�l� � Sdzneider to apprwe the estimates as sutr�itted. Her r i ck d , , P. A. 6279 Uni sity Ave. h. E. �ridle►• M� 55432 F'oz Le�l Servioes re: Pasd1lce Project as of July 3, 1985 . . . . . � . . . . . . . $ 1,500.00 r �nith, J�ster, Feikena, t+�].mon b Haskvitz 1000 � (krYter t�rneapr�lis, M� 55402 -&- .� �� f RI D1.EY �: FROM: II�TE: O1FiECTORATE oF PUBLIC WORKS MEM0�7ANDUM Nasim Qureshi, City Manager r John G. F1ora,�Public Works Director July 1, 1986 STJBJECr: University Avenue West Servioe Drive, 81st and 83 rd O� y� �� o , � � � FW86-177 Fbr a�er two years, we have been working with the State Department of Transportation to oanglete the service drives between 81st and 83 rd as a prere�uisite to the State mociifying the median on Highway 47. We have finally reoeived a Cooperative Agreenent fran Minnesota Department of Transp�rtation for this work. �he State will f�md the improvenent except for the extra widening of the road at 81st and the red brick medians at 81st and 83rd. The estimateca City's �ntribution will be $13,900.00. Reoonanend the City O�uncil approve the attached Resolution and execute the Cooperative Agreanent with the blinnesota De�rtlnent of Transportation for ti�e above i�rwenent. 3: /ts Attachment 1 RF�(I„iTrIQN N0. - 1986 gES(�UTION �ERIl+� 7MPRWII�IT AND AUTHORIZ ING EXEQJTION OF A Q70PERATIVE QJNSII2[JC'rION AGREQ�IT WI7S TSE MII�II�1E50TA DEP�AR'Il�1T OF �TSPORTATION FOR S'II2F�T I� PROJDCT ST. 1986 3� W13EREAS, Resolution.No. 48 - 1986 ordered the construction of the University Ave. West Servive Drive fran 81st Ave. to 83rd Ave. ap�rwed the glans and ordered advertisement for bids, and WHEREAS, the Minnesota Department of Transportation has draf ted a 000perative oonstruction agreenent which estimates the oost sharing of this project to be $96,314.00 for the State and $13,837.50 for the City of FridlEy. I�W, �iF�2EEnRE, SE IT RFSCLVID, BY 7iiE CITY QOUNC�L OF �IE QTY OF �T�.�', ANOKA �i7I�Ti'Y, NJaIlJF50TA as follaws: 1. iY�at the follawing improvenent, including grading, stabilized base, hot mix bit�aninous mat, concrete curb and gutter, sidewalks, water and sani.tary sewer services, storm sewer system, and other facilities located as follaws: University Ave. West Service Drive 81st Ave. to 83rd Ave. 2. Zhat the City Manager is hereby authorized to enter into a 000perative oonstruction agreanent with the Minnesota Departinent of Transportation for the oonstruction of this proj ect. 3. �e glans and specifications prepared b� the Public Works Director for such improvenents are hereby approved and shall be filed with the City Qerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements or bids upon the making of such impravanents �der such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days) , and shall specify the work to be clone and will state that bids will be opened and consic3ered at 11:00 a.m. on the 15th day of July 1986 in the Council (lzaanbers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director, and acoompanied by a cash deposit, bid bond, or oertified check payable to the City for five peraent (5$) of the a¢nount of such bid. PASSID AI�ID ADOPPID BY Z�iE QTY QXJNQL OF �3E QTY OF FRIDLEY THIS DAY OF , 1986. WII�LIAM J. 1��E, 1�Yl�R AZTFST: SHIRLEY A HAAPALA� QTY (3�ERK 3/6/1/4 10A 10B � . DESIGN STATE OF MINNESOTA AGREEMENT NO. DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT 62895 S.P. 0205-54 (T.H. 47=15G) State Funds Agreement between The State of Minnesota Department of Transportation, and The Citv of Pridlev Re: Sta*_c rost T.H. �? frontage roa;: construction by the City on t�'est Service Road from 81st Ave. N.E. to £33rd Ave. N.E. in Fridley AMOUNT ENCUMBERED 596,314.00 AMOUNT RECEIVABLE (None) THIS AGREEMENT made and entered into by and betWeen the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Fridley Minnesota, acting by anc� throu�h its City Council, hereinafter referred to as the "City". �� , � oc 62895 WITNESSETH: WHEREAS, due to the .increasing number of accidents occuring at the Trunk Highway No. 47 (University Avenue Northeast) - 83rd Avenue Northeast intersection, the State is going to eliminate the crossing of Trunk Highway No. 47 northbound traffic to the west at 83rd Avenue Northeast; and WHEREAS the elimination of this crossover will limit the access to the commercial and industrial property on the west side of Trunk Highway No. 47 (University Avenue i�ortheast) from F31st Avenue Northeast to 83rd Avenue Northeast; and WHEREAS that portion of Trunk Highway No. 47 laest Service Road from 61st Avenue Northeast to 83rd Avenue Northeast should be completed to provide reasonable access to these commercial and industrial areas; and t•:HEREAS the City is about to award a contract for oraning, basc, bituminous surface, concrete curb and gutter, sidewalY, and utilities construction and other associated construction work to be performed Upon and along Trunk Iiighway No. 47 t•�est Service Road from Engineer Station 0+00 (81st Avenue Northeast) to Engineer Station 19+61.38 (83rd Avenue Northeast) within the corporate city limits in accordance with city prepared plans, specifications and special provisions therefor designated by the City as Street Improvement -2- �✓ i0Q 62895 Project St. 1986 1 and 2 and by State as State Project �o. 0205-54 (T.H. 47=156); and WHEREAS the City has requested participation by the State in the costs of said Trunk Highway No. 47 West Service Road construction; and t•7HEREAS the State is willing to participate in the costs of said Trunk Highway No. 47 West Service Ro�d construction as hereinafter set forth; and S•IHEREA� FSinnesota Statute 1G,.20 authorizes the Commissioner of Transportation to make arran�ements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunY, highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I- CONSTRUCTIOr: B1' THE CiTY Section A. Contract Award and Construction The City shall duly receive bids and award a contract to the lowest responsible bidder, subject to concurrence in such award by the State, for grading, base, bituminous surface, concrete curb and gutter, sidewalk and utilities construction and other associated construction work to be performed upon and along Trunk Highway No. 47 West Service Road in accordance with state approved city plans, -3- r �� . v 10E 62895 apecifications and special provisions therefor designated by the City as Street Improvement Project St. 1986 l and 2 and by the State as State Project No. 0205-54 (T.H. 47=156). Said City contract construction shall be performed in accordance with said stat� approved city plans, specifications and special provisions wt�ich are on file in the office of the City Engineer at Fridley, Minnesot��, and in the office of the Commissioner of Transportation at•St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Documents to be Furnished to the State The City shall, within 7 days of the opening of bids for said city contract construction, promptly submit to the State's Municipal Enaineer a certified copy of the low bid received and an abstract of all bids received together with the City's request for concurrence bv the State in the proposed award of a constructicr� contract. Th� Cit�� shall not make the aforesaid con�truction contr�ct award until the State advises the City in writing of its concurrence tt�erein. Section C. Cancellation of Agreement Each party to this agreement reserves the right to withdraw fron and cancel this agreement within 30 days from the opening of bids contemplated in Section A. above in the event either or both parties consider any or all bids unsatisfactory; the withdraual from or -4- �/ � 10F 62895 cancellation of the agreement to be accomplished by either or both parties within 30 days of opening of bids by serving a written notice thereof upon the other. Section D. Direction, Supervision and Inspection of Construction The cit}� contract con=truction work contemplated herein shall be under the direction of the City, and shall be under the supervision of a registered professional engineer; however, the state cost participation construction to be performed under said cit}� contract shall be open to insc�ection h}� tl,�• �tate's District Engineer �; Golden Valley or his duly authorized representatives and must h� approved by said District Engineer as satisfactory before any payment is made by the St3t� therefor. In addition, tt�e City sh�ll give said District Engineer five days prior notice of its intention to start the work to be performed under said city contract. The responsibility for the control of materials for the state cos: participation construction hereunder shall he on the City anr. its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's "Standard Specifications for Construction", 1983 edition. -5- �� 10G 62895 Section E. Completion of Construction . The City shall cause said city contract constructio�l to be started and completed in accordance with the time schedule set forth in the specifications for Street Improvement Project St. 1986 1 and 2. The completion date for said city contract construction may be extenc7ed bv an exchange of letters betNeen the City Clerk or the City Engineer and the State's District Engineer at Golden Valley for unavoidable delays encountered in the performance thereof. �cction F. Extra P7ork, Plan Chanc�s, Etc. The State shall not participate under thiG a�reement in the cost of city contract work that is in addition to the state cost participation described herein unless the necessar}� state funds t�ave been req�isitioned prior to the performance of such additional work and the terms and conditions set forth in the following paragraph have been met. An�• and all changes in the plans, �necifications andlor special �Srovisions for said city contract state cost participation construction to be performed hereunder and all "Change Orders" and/or "Supplemental Agreements" entered into by the City and its contractor for state cost participation construction uork to be performed hereunder mUSt be approved in writing by the State's District Engineer at Golden Valley before final payment is made by the State hereundez. -6- �� 10H 62895 Section G. Compliance with LaWS, Ordinances and Regulations � It is understood and agreed that the City shall, in �onnection uith the avard of a construction contract for the Work set forth herein and the administration and performance of said Work, itself comply and cause its contractor to comply aith all federal, state and local laws inclu�inc Minne�ota Laws 1984, Chaptet 440, together with all ordinances and regulations applicable to said contract award and the work to be performeci thereunder. Section fi. F.ich� of �•:av, Ea=er.��nts and Perr.�its The Cit}� shall, without cost or expense to the State, obtain all rights of way, easements, construction permits and/or any other permits and sanctions that may be required in connection witt�� the city contract construction to be performed hereunder, and shall promptly furnish the State with certified copies of the documents for all such rights of way, easements, construction permits anc3/or other permit= and sanctions. ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. Construction Costs UQon the satisfactory completion of the construction to be performed in accordance with Article I hereof, the State shall pay to the City, as the State's fu22 and complete share of said construction, the costs of the construction described below under "STATE COST PARTICIPATION CONSTRUCTIOtJ". -7- �" •f ✓ 0 10! 62895 Payment by the State under this agreement shall be based on the final quantities of state cost participation construction work items performed multiplied by the appropriate unit prices contained in the construction contract to be aWarded by the City in accordance with Article I hereof andjor contained in city contract "Change Orders" ot "Supplemental Agreements" approved hy the State's District Engineer at Golden Valley in accordance with Article I, Section F. hereof. It i� hereby understood and agreed that an�� anr. all liquidated dar.�aa.es assessed the city's contractor in conn<•ction with the work performed under said city contract shall result in a credit shared by the City and the State in the same proportion as their total share of construction contract work is to the total contract cost, without any deduction for liquidated damages. Attached fiereto, made a part hereof by reference and marked SCHEDULE "I", i� a preliminary construction cost estir�ate forr� which lists all of the anticiQated state cost participation construction and construction engineering items to be performed hereunder. QZ � h� , 10J 62895 STATE COST PARTICIPATION CONSTRUCTION •, All of the following construction to be performed upbn and along Trunk Highuay No. 47 West Service Road from Engineer Station 0+00 (Slst Avenue Northeast) to Engineer Station 14+61.38 (83rd Avenue Northeast) and at the Trunk Highway No. 47 (University Avenue Northeast; - II3rd Avenue Northeast intersection within the corporate city limits under State Project No. 0205-54 (T.H. 47=156) 100 PERCENT STATE CnSTS 1. All of the exca��ation. 2. All of the removal and construction of concrete curb an,� e�uttc�r and all of the sodding including the associated topsoil borrow to be performed along the east side of Trunk Highway No. 4� tvest Service Road. 3. All of the bituminous surfacing and aggregate base construction to be performed upon and within that portion of the Tr�nk Eiighway No. 47 S•lest Service Foac roadway which is 30.5 feet in wi�?th ar�ci contiguous to the face of the concrete curb and gutter along the east side of said roadway. 4. Except as described below under "25 Percent State Costs", all of the construction to be performed at the Trunk Highway No. 4? (University Avenue Northeast) - 83rd Avenue Northeast intersection within said trunk highway right-of-way limits. Said construction � ��, � 10K 62895 includes, but is not limited to, sauing of bituminous pavement, excavation, qrading, water, bituminous surfacing and its aggregate base, concrete curb and gutter, concrete walk and sodding including the associated topsoil borrow. 25 PERCENT STATE COSTS All of the brick paving construction to be performed at the Trunk Highway No. 47 (University Avenue Northeast) - 83rd Avenue Northeast intersection within said trunk highway right-of-way. Section B. Construction Engineerinc Co�:= In addition, said payment by the State shall a?so include an an�ount equal to 8 percent of the State's final total share of constructi�n costs as determined in accordance with Section A. above, as the State's proportionate share of construction engineering costs incurred by the City in connection with said state cost participation construction. ARTICLE III - PAYMENT BY THE STt;':E Section A. Estimate of the State's Cost Share It is estimated, for accounting purposes, that the State's share of the costs of the construction work to be performed by the City hereunder plus the 8 percent construction engineering cost share and a$5,000.00 contingency amount is the sum of $96,314.00 as shown in the attached SCHEDULE "I". The attached SCHEDULE "I" form lists all -10- ^�V � 10L 62895 of the anticipated state cost participation construction items and was prepared using plan quantities and estimated unit prices. The State shall, when it has received the contract bid documents described in Article I, Section B. hereof and intends to concur in the City's award of the contract, prepare a revised SCHEDULE "I" b��e^ or� *_he proposed contract unit prices. T,t such time as the State concurs in the City's aWard of the contract, a copy of said revised SCHEDULE "I" will be transmitted to the City and state funds in the amount of the svm of the State's total estimated cost share of cit�• contr�ct construction acrk n1i;= an � E,�r�<°r�; �on�truction engineering cost share and appropriate continger�cy anount as shown in said revised SCHEDULE "I" will be encumbered to cover the State's payment to the City in accordance with Sections C. and D. of this Artic?e III. The aforesaid contingency amount is provided to cover overruns of the plans estimated quantities of state cost participation construction work items and/or items of state approved extra work. In the event it appears at any time that the amount to be paid by the State to the City for the state cost participation construction hereunder is about to exceed the current amount of encumbered state funds, the City shall notify the State's District Engineer at Golden Valley in writing prior to the performance of such additional state cost participation construction. Said notification shall include an estimate in the amount of additional funds necessary to complete the -11- ti n� � 10M 62895 city contract including construction engineering costs and the reason(s) why the current amount encumbered Will be exceeded. As to any such aork, the District Engineer shall approve and then submit said documents to the State's Municipal Engineer. The State's Municipal Engineer shall submit a request for encumbrance of such additional funds as may be deemed necessary to tfie Minnesota Department of Finance. If the Commissioner of Finance certifies and approves that encumbrance request, that action Will have the effect of amending this agreement so as to include the State's share of the costs of the work. The State shall ncti f�• tt�c� City in ��i : in� of .3:1 additions to the current amount of encumbered state funds. Should the City cause the performance of construction which woulc3 otheruise qualify for state cost participation but for which the State has not previously encumbered funds to cover its participation therein, the City agrees that any such work is done at its own ris}:. The City shall notify the State's District Engineer at Golden Valley in writing of such additional state cost participation con�tr«cticr�. Said notification shall include an estimate in the amount of additional funds necessary to cover all of the additional city contract construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. As to any such work, the District Engineer may approve and, if so, then submit the City's claim for compensation therefor to the Sta�e's Municipal Engineer. The State`s M�nicipal Engineer shall submit a -12- � L- � 10N 62895� request for encumbtance of such additional funds as may..be deemed necessary to the Commissioner of Finance for approval pursuant to Minnesota Statute 16A.15, but no guarantee is made that the claim will be approved. In the event the Commissioner of Finance certifies and approves said claim for compensation and the request for c�nci�rhr�nce of the necessary additional funds therefot, that action will have the effect of amending this agreement so as to include the State's share of the costs of the work. The State shall notify the City in writing of all additions to the current ar�ount of encumbered �t�te funds. In the Pvent the State determines that th� submittal of a claim for compensation is warranted and it is deem�d legally necessary to supplement this agreement, it is hereby agreed that, if said claim is approved and a suQplement to this agreement in connection uith said claim is prepared and processed, the first 53,000.00 of the claim will not be eligible for payment. Section B. Records Keeping and Invoicinq by the Citv The City shall keep such records and accounts that will enable the City before invoicing the State for partial and/or final payment in accordance with Sections C. and D, of this article to provide the State with the following: -13- V �� k � 10p 62895 1. Quantities of state cost participation construction contract vork items performed and, if applicable, other state:cost participation contract items which have been paid for by the City and included in�the requested payment. Said quantities are to be entered on the Modified SCHEDULE "I" form provided by the State. 2. Copies of the city contractor's invoice(s) coverina the abo�•e state cost participation items. 3. Copies of the appropriate endorsed and cancelled city Narrant(s) or check(s) payinc� the aforesaia c�ntracto-'s invcice. 4. Copies of any and all city contract change orders and/or supplemental agreements covering state cost participation contract items. S. Certification form (provided by the State) signed by the City's Engineer in charge of said contract construction attesting to the fcllowin�• a. The satisfactory performance and completion, in accordance with the state approved city plans, specifications and special provisions made a part hereof by reference, of the city contract construction work represented in the city's invoice. -14- t/ � 10P 62895 b. The acceptance and approval of all materials furnished for said invoice construction aork relative to the compliance of such materials to the State's "Standard Specifications for Construction", 1983 edition. c. The City having made payment in full to its contractor for the construction work represented in the city's invoice. 6. c•7hen requested by the State, copies certified by the City's Engineer, of material sampling reports and of material testing resu'_*�. icr t.h�� materiais furnish�c .�r thc� city contract �onstruction work represented in the city's invoice. 7. A formal invoice (original and signed) in the amount of the total state cost participation per the terms and conditions of this agreement. �s provided by Minnesota Statute, Section 16B.06 Sub. 4, the boo}:s, records, documents, and accounting procedures and practices of the City relevant to this agreement are subject to examination by the contracting department or agency, and either the legislative auditor or the state auditor as appropriate. Section C. PaztiaZ Payments by the State 1. Upon request of the City, the State will make a partial payment to the City for the state cost participation construction work -15- v _. �� 10Q 62895 completed under said city contract at such time as the value of said completed state cost construction equals 50 percent:or more of the estimated state cost construction amount of $84,550.00 and at such time as the City has made payment to its contractor on said completed state cost construction. Said partial payment shall be an amount equal to 90 percent of the value of said completPd state cost construction or equal to the amount the City has paid to its contractor on said completed state cost construction, whichever amount is smaller, plus an 8 percent construction enaineering cost share. 2. In the event that (a) the state cost participation construction hereunder must be suspended at the end of the construction season until the following spring or (b) completion of the city contract construction is in abeyance because of unavoidable delay(s) thus delaying payment by the State to the City and such delay would be a financial hardship to the City, the State uill, upon request of the City, make one of the two followina partial �ayments to the Cit�• f.cr the state cost participation construction work completed under said city contract at such time as the City has made payment to its contractor on said completed state cost construction. a. When no previous partial payment has been made to the City and if the value of said completed state cost construction is at least equal to 25 percent of the estimated state cost construction amount -16- t�.r �� 10R 62895 of 589,550.00, a partial payment Will be made in an amount equal to 90 percent of the value of said completed state cost�construction or equal to the amount the City has Qaid to its contractor on said completed state cost construction, whichever amount is smaller, plus an 8 percent construction engineering cost share. b. t•7hen a previous pa}•ment has been made to the City in accordance with 1. above and if the value of the total state cost participation construction work completed is equal to an amount at least 25 percent �reater than thc� conrletc�c� state cost eonstruction amoun; which was the basis for t1�e State's previous partia] payment to the City, a second partial payment will be made in an amount equal to 90 percent of the value of said completed state cost construction or equal to the amount the City has paid to its contractor on said completed state cost construction, whichever amount is smaller, plus an 8 percent construction engineering cost share minus the total ar�ount of the previous partial payment made b}• the State to the City hereunder. Any and all request(s) by the City for partial payment shall be made in accordance With a written procedure to be furnished the City by the State. The retained 10 percent of the state cost share of the completed construction and construction engineering upon which either or both of the aforesaid paztial payments is based will be withheld until -17- t. _ I`� ., 10S 62895 all of the state cost participation construction work to be performed under said city contract has been satisfactorily completed and accepted by the State and the City submits an invoice for final payment. Section D. Final Pa ment bv the State Final payment by the State to the City hereunder in accordance with Article II hereof of the State's total cost participation amount less the total amount of any and all partial payments made by the State pursuant to Section C.,above shall be r.�,37c (1` u��on the satisfactory completion of all of the state cest participation construction work to be performed under said city contract, acceptance thereof by the State and invoicing the State by tt�e City in accordance with a Written procedure furnished the City by the State and (2) uQon the completion of all of said city contract construction. ARTICLE IV - GEt�ERAL PROVISIOhS Section A. Replacement of Castin s In connection with the adjustment of inplace ftame and ring castings and value boxes to be performed by the city's contractor under the aforesaid city contract, the City hereby agrees to furnish its contractor with new castings and/or parts therefor When replacements are reqUired, with no cost or expense to the State. �� G� Section B. Maintenance by tfie City 10T 62895 It is hereby understood and agreed that, upon the satisfactory completion of the aforesaid city contract construction, the City shall thereafter provide for the proper maintenance, without cost or expense to the State, of the entire portion of Trunk Highway No. 47 taest Service Road and all of the facilities a part thereof constructed Within the corporate city limits under said city contract. Said maintenance shall be understood to include, but not be ?imite� to, snow and debris removal, resurfacing and/or seal coatinc .3nd any other maintenance activities necessary to per�etuat? said roadway portion in a safe and usable condition. Section C. Claims The City indemnifies, saves and holds harmless the State and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arisinq out of or by reason of the city contract construction, associated construction engineering and maintenance work or services by the City hereunder, and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of said city contract construction, associated construction engineering and maintenance �rork and services by the City hereunder. -19- �` . �� 1QU 62895 It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of any construction, construction engineering and/or maintenance Work or services required or provided for hereunder by the Cit}� shall not be considered employees of the State and that any and all claims that may or might aris� under the 67orker's Compensatiori :.c: of the State of Minnesota on behalf of said employees while so engaged and any and all claims m�de by any third parties as a consequence of any act or omission on the part of said city employees while �o engaged on any of the construct:on, construction engineering and/or maintenance wo:k or services to be rendered herein by the City shall in no way be the obligation or responsibility of the State. Section D. Nondiscrimination The provisions of Minnesota Statute 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section E. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by resolution of the City Council of the City and shall also receive the approval of such state officers as the law may provide in addition to the Commissioner of Transportation or his duly authorized representative. -20- _�jJ �„ J 10V 62895 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. (City Seal) DEPARTME�:T OF TRANSPORTATIOti Recommended for approval: �`� �r` P_ v ;�`:3 � � -f_ �,�`�� Acting Di 1—� - Of f ice of Desi9n Services By District Engineer By Assistant Division Director Technical Services Division Approved as to form and execution: CITY OF FRIDLEY By Mayor Da te Bv City Planager Da te STATE OF MINNESO':A By Deputy Commissione: of Transportation Date (Date of Agreement) Approved: Department of Adsninistration By (Authorized Signature) Date By Special Assistant Attorney General -21- LL/ J r o� aC N �O O �-+ Z : � 4� C � d 7 E A d W d x w U t� � t � T V W E�+ � 'J V Z O Lr V � a N Z C V �- � � � � �iL �I I 1 '7 d �J e0 G (+.. w O > u � U 0 S C 4 a a e i � � d � C � 'b Q� E ►+ O w t+ d C ..�+ u 7 v �S C O u o; � ..+ L J .a N � � � ..+ R 3 Q1 � � L+ C` L u a C� � � w 7 t U � ...� • 3 V C 0 v w ►+ � N u ..a . m o, z d � m u' � R d] N a� C O G U .a �v a� ap a+ w � � V V W � � '� L+ n aD � d > < .� � � I i V C 3 u a �I 'o IQ O� OG� d', v .�. >� w; di � a� � d � � s � a� Z �s C O 'Q V u � v O .r �v d � � � .,.� L 4• C� tl C7 m L G7 0� 'O d �: C �r � ++ o C -• d E O d a� ►+ � � � � C �u C i+ v V P � � C 7 d '� ►+ 67 Q w y P, > E O u u C O � w u � u 3 7 :+ C L r, �_ �� o� J - C � O v M � +� C M �' ..+ Q u s � � u �+ e0 C 4 a� � � � o c U E e� a .+ � � 4 ++ e cn a w a O I C a ° c Y I v ' O �+ a C � � � Z F < 0. 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'O � �G .--� C ca. � � r r r e o r r r . � .� � a� a• o 0 0 0 �� v� � a a c� c� c� z�-- F- F- r- c� a v� cn s v� � �t'1 � O ti1 N E+ O �-+ . �C G. d • C c/� 3 :7 � tc] ta] G+ E"'� �i t!� �-+ Z 4+ d .� u a c� i .� � v � V C7 u d u u C O U d > O E � � � O � d O N a , w � ar X ..+ L � c � w E � y � w CJ � m 7 /+ � � � ' a � x �+ m c .� -+ -+ x 7 O U ►+ _ -^+ O —+ 3 C� � .a +� O 3 c� +� cr q w o �: � a d E > b+ �. eo L �. o� 7 � O 1+ � 7 Ia ++ t1 ca O � O 7 ++ X d! t7 7 U O � W f+ ai O V ee —+ 4 C � ...i ...� .�r C �+ C O 7 0�+ c� E—+ a� 3 E � � .� � �' ro C R O �+ O �0 ^� �J cn CJ C� F 3< eC 3 0 r'i1 .J J {(� ...1 ...1 � ',�i .-+ p N N O• O� � � s � � � � s .n � u'� O � ..a ..a O O O O � 1 d ..e � .-a .r ..� N1 e�1 N N N N N N I u � � o � U � � � � ' U .p C � m � ,.� h � M W d O G � w �v� � � � ..� R' ti+ C� 3 d y u u Z a d C ►+ �+ ..r • v � '� +� C O 'fl +� O O O m U U c/� N � e�1 �f'1 0 � � � � s � � r� .-+ ...� �n �r'ti r� +1 � t^1 1i1 �f'1 �J'1 N N N N � M o� O� � � W H < F � O O i N � 1 10X � � � H cr� H < N � S � .o O �-+ N U F+ � N tas � � 1 I >- H .. L N � v _ r-v I � ` 1 .--1 a-1 Z C �� y F� � Z � s i � � ' � � ' O 4] N f-+ O �-+ . � C1. Q' • � N � V � IaJ is7 �. E-� O v3 � Z � � � �n d a0 .r O .O J N � n G� C V; � n G 0 �, J CI� � ..r R' J� � F � I J'1 � "'1 � � ... � a- F �1 U � N .--r � 1 N ( [a] H < E-� N � �ry N � N il I � � � 10Y I .� . �.. f R! DLEY OtiaECTORATE oF PUBLIC WORKS MEMOi�ANOUM � o _� �� a � , ,� �--- � �: FROM: L�TE : Nasim Qureshi, City Manager Clyde V. Moravetz, Cable Coordinator July 1, 1986 StJBJEQ': City Apprwal of Cable Franchise Transfer to Nortel (�b�le Associates A�186-175 Zrhe City Oo�mcil held a Public Hearing on the above matter on June 2nd of this year. �hEy oontinued the Public Hearing to a Special Meeting held on Wec�-iescsay, Ju¢�e 25, 1986. �e Council approved the transfer of the existing franchise and directed staff to prwide the neoessazy doc�anents and guarantees. Attached you will find the following docaunents: 1) Resolution appraving the Cable Franchise Transfer. 2) Acceptance cbcunent to be approved by City and signed and executed tr� Nortel Cable Associates. 3) Guaranty to be approved by City and provided by Amzak Corporation, Inc. the Guarantor. Item No. 2(Acceptance of a Franchise) refers to an Exhibit A. This Exhibit will contain the existing Franchise Ordinance and Agreement, as amenc3ed, and will be attached to the Acceptance document for Nortel to accept in writing. I suggest the above c3octanents be reoeived and apprwed L� the City Council at their July 7th meeting. As in the past, I am requiring total reimbursement of all City costs involved in the txansfer reviaa and appraval proaess. Please advise if you desire either myself or Gary Matz to be in attendance at the meeting. CVN�/ts Attachments 11 11A RES(LUt'ION N0. — 1986 A RESOLUTION APPROVING �iE TRANSFER OF THE CABLE TELEUISION FRANQiISE FRQM GIIJIIi�L �i,hVISION OF MLII�]NF50TA, INC. ,'PO NORTEL CABLE ASSOCIATF�. WF�2E�.S, General Television of Minnesota, Inc. (General Television) , has requested the City's o�nsent to the transfer of the Franchise from General �elevision to Nortel Cable Associates, a Delaware limited partnership lioensed to cb business in Minnesota (Nortel); and WHEREAS, The City has established a process for reviewing the legal, technical and financial qualifications, of Nortel; and WHEREAS, the City conducted a public hearing affording notice and reasonable opportunity for Nortel, General Television and the general public to be heard; NUW, THEREFORE, BE IT RESOLVID, by the City of Fridley, Minnesota as follaws: l. Zhe legal, technical and financial qualifications of Nortel were oonsidered in a full public proveeding affording notice and a reasonable opp�rt�ity to be heard and are hereYr� appraved. 2. 73�e Gity hereb� �nsents to and approves the transf er of the Franchise and all of the rights thereunder from the present holder, General Television, to Nortel, subject to the closing of the purchase of General �elevision's assets b� Nortel and on the follawing o�nditions: a. Nortel shall, within thirty (30) days after the date set forth belaw acoept the Franchise Ordinanoe and Agreenent, as amended, (referred to herein oollectively as the "Franchise") in form and substanoe acoeptable to City, �mless the time for acceptance is extended by City. b. With its acoeptanoe, Nortel shall c�el iver to City true and oorrect o�pies of documents creating Nortel and evic3encing the pawer and authority of that officer or offioers acoepting on behalr of Nortel. c. With its acceptance, Nortel shall del iver docunentatiQns, ir� the satisfaction of the City, that the cash security fcmd required by the Franchise has been established and otherwise complies with the Franchise. -2- d. With its acoeptanoe, Nortel shall deliver to City a corporate surety bona in the amount of One Hundred Thousand Dollars ($100,000.00) from a responsibl e company licensed to do business in the State of Minnesota, renewable annually, and conditioned upon the faithful performance of Nortel as required by the Franchise. e. With its acoeptanoe, Nortel shall furnish to City oertificat�es of insurance, reasonably acceptable to City and in accordance with the requirements of the Franchise, along with written evidence of payment of required prenitms. f. With its acoeptanoe, l�brtel shall del iver to City a guaranty fr�n Amzak Corp�ration in form and substance acceptable to City. g. With its acoeptanoe, Nortel shall gay all oosts and expenses, including legal and other consulting fees, resulting from the transfer. City shall provide an itenized statenent to Nortel within two (2) weeks of the date set forth belaa. 3. In the event Nortel fails to comply with any of the above requirements within the time specified, unless the time is extended b� City, this RESCLUTION and arry and all approvals set forth herein shall be null and void. 4. Nortel shall, within sixty (60) days after the closing of the purcahse of General Television's assets, file with the City a cop� of the deed, agreement, mortgage, lease or other written instrunent evidencing such sale, transfer of vwnership or oontrol or lease, oertified and sworn to as oorrect tr� Nortel. 5. In the event Nortel fails to close with Gerieral Television on or before August 30, 1986, the RESOLUTION and any and all approvals set forth herein shall be null and void and upon request of Nortel all doc�anents referred to in Paragraph 2(a) through (f) shall be returned to Nortel. PASSID AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS LIAY OF , 1986 YJIIS,IAM J. NEE, I�YOR ATI�ST: siIRLEY A. HAAPALA - CITY Q,ERK 3/6/],/1 11B 11C ACCEPTANCE OF A FRANCHISE FOR A CABLE TELEVISION SYSTEM IN THE CITY OF FRIDLEY, MINNESOTA WHEREAS, the City of Fridley, a Minnesota municipal cor- poration (hereinafter City), by action of its governing body on , 1986, adopted a RESOLUTION approving the transfer of the cable television franchise from General Television of Minnesota, Inc., to Nortel Cable Associates, a Delaware limited partnership licensed to do business in Minnesota (hereinafter Nortel). WHEREAS, the RESOLUTION requires that the Franchise Ordinance and Agreement, as amended, (referred to herein collectively as the "Franchise" and attached hereto as Exhibit A) be accepted in writing by Nortel in form and substance acceptable to City. NOW, THEREFORE, pursuant to the terms and requirements of the RESOLUTIUN, and in consideration of the approval of the transfer of the Franchise to Nortel, Nortel does hereby accept the Franchise and make the following representations and warranties to City: 1. Nortel represents and warrants that it will provide all available services specifically required in and will comply with all provisions of the Franchise; 2. Nortel represents and warrants that neither it, nor its representatives or agents, have committed any illegal acts or engaged in any wrongful conduct contrary to, or in violation of, any federal, state or local law or requlation in connection with the transfer of this Franchise; 3. Nortel represents and warrants that it is a limited partnership validly existing and in good standing under the laws of Delaware and has the requisite power and authority to own, operate and main- tain the cable television system serving the City and to meet all the terms and conditions of the Franchise; 4. Nortel represents and warrants that it is duly qualif ied and in good standing in the State of Minnesota; 5. Nortel represents and warrants that all action necessary to authorize the execution, delivery and per- formance of this Acceptance and all other documents - delivered by Nortel have b�en ciu�.y and validly taken and constitute valid and bindi�g o��igations on Nortel; -1- 6. Nortel represents and warrants that neither the execution and delivery of this Acceptance nor the performance contemplated in the Franchise will: � a) Conflict with or result in a breach of any provision of Nortel's limited partnership agreement; or b) Breach, violate or result in a default under, or give rise to any right of termination or cancellation, under any of the terms, conditions or provisions of any note, bond, mortgage, agreement or other instrument or obligation to which Nortel or its general partner is a party. 7. Nortel represents and warrants that it has carefully read the terms and conditions of the Franchise and accepts without reservation the obligations imposed by the terms and cond i t ions of the Franch i se . 8. Nortel represents and warrants that the Franchise and this Acceptance are valid, binding and legally enforceable against Nortel and Nortel shall have no recourse against the City or its officials, employees or agents for any loss, costs, expense or damage arising out of any provision or requirement of the Franchise or because of the enforcement of the Franchise. Notwithstanding anything to the contrary, in the event Nortel does not close with General Television on or before August 30, 1986, Nortel and General Television shall so notify the City in writing and this Acceptance shall be null and void and Nortel shall have no obligations to the City. Dated: , 1986 NORTEL CABLE ASSOCIATES By Its STATE OF ) ) ss COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this � day of , 1986, by , the of NORTEL CABLE ASSOCIATES. Notary Public -2- 11p 11E GUARANTY GUARANTY given by Amzak Corporation, Inc., a Corporation, headquartered at , hereinafter referred to as Guarantor, to the City of Fridley, Minnesota, hereinafter referred to as City. WHEREAS, the Guarantor is the majority shareholder of Nortel Cable Corporation and Nortel Cable Corporation is the general partner of Nortel Cable Associates, referred to as Grantee, a Delaware limited partnership licensed to do business in Minnesota; and WHEREAS, the Guarantor is anxious to induce City to approve the transfer of a cable television franchise to Grantee; and WHEREAS, City is willing to grant such approval only if Guarantor guarantees the faithful performance of all the terms of the Franchise Ordinance and Agreement, as amended, between City and Grantee, attached hereto and made a part hereof as Attachment A, ("hereinafter collectively referred to as the Franchise"); NOW, THEREFORE, the Guarantor agrees in consideration of the foregoing as follows: 1. Obligation. The Guarantor hereby guarantees the-prompt and complete performance by Grantee of all the covenants, con- -1- 11F ditions and terms of the Franchise, as amended. This Guaranty includes, but is not limited to, the security fund, bond require- ments, capital commitments and franchise fee requirements of the Franchise. The Guarantor further guarantees the payment of all damages, judgments, costs and expenses, including fees which by virtue of the Franchise or otherwise might become recoverable by the City from the Grantee. 2. Terms of Guaranty. This Guaranty shall be absolute, complete, continuing and irrevocable and the Guarantor shall not be released of its obligation hereunder so long as any claim of City against Grantee arising out of the Franchise or otherwise is not settled or discharged in full. No notice of any indebtedness heretofore or hereafter contracted or acquired by Grantee need be given to Guarantor. This GUaranty will be governed and interpreted by the internal laws of the State of Minnesota. Guarantor shall pay to City in protecting or enforcing Grantor's rights under this Guaranty, whether suit be brought or not. 3. Modifications. The parties to the foregoing contract shall not enter into any alteration or modification thereof which would in any way increase the extent of the Guarantor's obliga- tions hereunder, or which would make performance by Grantee more difficult, without fist obtaining the written consent of the Guarantor. -2- 4. Waiver. The Guarantor hereby waives notice of accep- tance hereof , and of nonperformance or nonpayment by Gr�ntee of any of its obligations or liabilities under the foregoing contract. 5. Benefit. This Agreement shall inure to the benefit of City, its successors and assigns and shall be binding upon the Guarantor and its successors. 6. Release. The obligations under this Guaranty shall automatically expire and Guarantor shall be released of all obli- gations hereunder in the event that the cable television system or rights under the Franchise are sold, transfered or assigned to -3- 11G some independent third party and any such saZe, transfer or assignment is approved by City. IN WITNESS WHEREOF, the undersigned has caused these presents to be duly executed as of the date above written. STATE OF COUNTY OF the AMZAK CORPORATION A By: Its ) ) ss: ) CORPORATION The foregoing instrument was acknowledged before me this day of , 1986, by of Amzak Corporation, a corporation, on behalf of said corporation. Notary Public Q� 11H ►---z---- ! _�' OIREGTORATE .� � OF puB�`c woRKs fDLLT MEMOAANCUM � �-- - -- -- T0: Nasim Qureshi, City Manager PW86-129 � FROM: John G. Flora, Public Works Director DATE: .Ju1y:1, 1986 SUBJECT: Utility Backhoe 12 , o° "a � v� �°� �� — � � Our 1974 John Deere Backhoe has been programned for replacement this year utilizing our Utility Funds. The operation, maintenance and repair costs for this item have continued to increase with substantial repair required this year if the item would be retained. In accordance with our policy for scheduling and upgrading our equipment, I would recommend that City Council authorize staff to advertise for a replacement backhoe for our Utility section. Copies of specifications are available for your infarmation. JGF/ts 0 RF�C[,Ut'ION N0. -1986 : �..� t�• � �� ; �.I �;J�1 a• ; : �..� : �1' 1' � � Y • • �1 • ' : � M'/ • � • � � yl' BE IT RF�CLVID by the Co�cil of the City of Fridley, as follaws: 1. �.hat it is in the interest of the City to award bid contracts for the follawing itens or materials. .i-:�+• ra� ►+••w•• �«•�.• ••. 2. A cop� of the specifications for the above described items and materials, together with a proposal for the method of purchase and the g3yment thereof have been presented to the Council by the Gity Manaqer and the same are hereby apprwed and adopted as the plans and specifications, and the method of aoquisition and payment to be required by the City wi�h respect to the aoquisition of said itens and materials. 3. Zhe purchase of said itens and materials as described above shall be effected b� sealed bids to be reoeived and opened by the City of Fridley on the 5th of August 1986. The City Manager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals �der notioe as pravided b� laa and the Charter of the City of Friclley, the notioe to be substantially an form as that shown by Exhibit "A" attached hereto and made a part of b� referenoe. Said notice shall be published at least twioe in the official newspaper of the Gity of Fridley. PASSID ArID ADOPrID BY �iE QTY Q�iJNCIL OF �4iE QTY OF FRIDI,EY �iIS 7TH DAY OF JiJLY 1986. W'II�LIAM J. NEE — MAYOR AT�F�T: 3/6j3/9 SEIIRLEY A. H�PALA — CITY Q,ERiC 12A • � • : �� a�• • 7 � I;.. �P 1' ?� Y' • N • ' �M'�:• •• � Sealed bids will be reoeived and pul�licly opened by the City of Fridley, Anoka Co�ty, Minnesota, at the office of the Public Works Director, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Tel. 571-3450) on the 5th day of August 1966, at 11:00 a.m., for the furnishing of {one) Rubber-Tired Tractor Backho�Loader. All in acoordanoe with glans and specif ications pre�red b� John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Avenue N. E. , Fridley, NN 55432 (Tel. 571-3450) . Plans and specifications may be examirzed at the offioe af the Public Works Director and oopies may be obtained for the Cbntractor's individual use by applying to the Public Works Director. Bids must be made on the basis of casYi �ayment for work, and acoo�nnpained b� a cash deposit, oertif ied check (on a responsible bank in the State of Minriesota) or a bidder's bond made payable without condition to City of Fridley, NIl�T, in an amount of not less than ( 5$ ) per cent of the total a�nount of the bid. �e City Co�cil reserves the right to reject any ana all bids and to waive ariy informalities in ariy bids reoeived without explanation. No bid may be withdrawn for a period of thirty (30) days. By orcier of the City Go�cil of the City of Fridley, Minnesota. Dated the �.s day of Julv, 1986. Put�lished: Fri ey , cus July 14, 1986 July 21, 1986 July 28, 1986 3f 9/15/5 John G. Flora, P. E. AJBLIC WORKS DIRE7Q'OR ,�_ .� : - •� July 11, 1986 July 18, 1986 July 25, 1986 � 13 t�� ZO: Jim Robinson, Planning Coordinator rSEND FROrI: Myra Gibson, Planning Assistant r�rn n��: July 1, 1986 _ MEt�D SUB.7ECT: Day care facilities A reoent appl.icat�on for a special use permit for a day care center in a R-1 zone has prcmpted a reevaluation of the City's chy care restrictions. Staff is proposing revising the zoning vode as it pertains to both hane day care facilities (hane occupations) and day care oenters outside of the hame. On J�e 18, 1986 the Planning Conm►ission appraved the follaaing changes to the zoning code regarding day care: 1) A new definition: Section 205.03.18: Day Care Centers, to reacl, any program, which is not classif ied as a home occupation, that for co�pensation or otherwise, proviaes for the care of children outside their hane for part of a 24 hc�ur ciay. Includes, but is not limited to, programs for children known as nursery schools, day nurseries, child care oenters, group day care, play groups and day care facilities. 2) Redefine Sectian 205.03.32.F Hane Occupations. to read, lioensed home day care facilities that setve twelve (12) or fewer children. (This was previously 10 or f�aer children, however, 12 chilciren o�mplies with State L�a . ) 3) Allaa day care oenters in R-1, R-2, R-3 and R-4 with a special use pennit provic3ed they are to be located in cnurches, private schools or in other structures on an arterial or �llector street. 4) Allaa day care oenters in C-1 and CR-1 zones with a special use permit only. ( A S�ecial Use Permit would be required tor C-1 and CR-1 but not in C-2 or C-3 where day care oenters are would renain a principal use.) It would be appropriate to bring this item to the City Council for their appraval. Attachments ��86-134 3/5/26/10 13A • ••� i. � •- • AN ORDINANCE RF.00DIFYII� 'IDE FRI�.EY CI'1'Y CODE SY ADDING SFGTIONS 205.03.18., 205.07.03., 205.09.02., 205.10.04., 205.16 .04 . , Z05.13 . Q3 . , Ai� RH��II� � Plti� ��TPIVE �Bi�i.S; AL9D BY � S�C.T � 205.03.32. �i�D 2A5.09.01. The City O�uncil of the City of Fridley hereby ordains the follaaing: .1 1 �,� 1�144 �..,+ • � . - -.�� . * � � •• ._S . f ! 1 • " • _ � • �{- • �� • 1 1 c • �.��-�_ •� • • .1"�._ • • •,- • �- - • � • -� • •- �- �� - • �. • �� •. � •; • _ 1• ll. '• • � •• .g • � � '1 .1•�/1 II 1.�• �.. � 1 _ • '1 � • � •. • • • �� .�• •. " - 32. Hame Occupation g, r.��n� t,��r�,� day-care facilities that serve //ten (10)// twelve (12l or tewer children. 205.07. I�1 C�rF'Al�.Y I�1S,i.II�s TJlISIIiI(T R�.SLgAT�I.S 1. USF� PERMITrID C. Uses Permitted With A Special Use Pezmit. �. - y-_� - . • •=�. _!,- _ • .- • -. 1 1 1' • - � ��.� • I • � � " - • - • • � . � • • • � 205.08. R-2 �lU-FA[�.Y II�iLII� DISIItICP R��1S 1. USFS PERMITTID C. Uses Permitted With A Special Use Permit. �. - �- � - � • •,-,� _!� - • �� • - • 1 1 1 ' • .l�.� ♦ _� •!" - • -� •� .� • • � • :.� 205.09. &3 C�RAL I�RZPLE II�III�II� DISIItICT RF�ZIIA�I�+1S 1. USFS PEFtMITTID C. Uses Permitted With A Special Use Permit. Page 2 - Ordinanoe No. (1) Churches//, child nurseries, nursery schools// and private school s. (2) Dasr-care centers *'�rn��iriPr3 thev are to j� located iri churches� P• •P � � o;n o h structu loca � Qn an ar �o>>ector street 205.10. R�4 I�II�E � Pl�C DISIItIC� R�iII�T��1S 1. USFS PERMITI'ID C. t3ses Permitted With A Special Use Permit. � _ �y_ � • • • �� • �_ • _ - • � 1 1 •I - ��• • _� • _�- • _ -• •� .� - • • ' K • :� 205.13. C-1 IDC��L B[1SII�5.S DISII2ICT R�iIATI(IZS 1. USFS PERMITTID C. Uses Permitted With A Special Use Permit. .. -� - 205.16. Q�1 (�L Q�FI(E DISIItICT R�L��1.S 1. USF� PEit[rIITTID C. Uses Permitted With A Special Use Aermit. .. - .- � PASSID AND ADOPrID BY �iE QTY �iJNCZL OF �iE QTY OF FRIL[,EY THIS DAY OF , 1986 WILLIAHI J. NEE - l�YOR AZTFST: 3iIRLEY A. HAAPALA - CITY Q,II2K 13B / � FOR CONCURRENCE 8Y THE CITY COUNCiL JULY 7, 1986 EXCAVATING Berghorst Plumbing & Heating Co. 10732 Fianson Boulevard N.W. Coon Rapids, NII�i 55433 GAS SERVICES Air-Rite Services 748 Holly Avenue St. Paul, MN 55104 Berghorst Plumbing & Heating Co. 10732 Hanson Boulevard N.W. Coon Rapids, MN 55433 Dan's Plumbing & Hea ting Co. 620 Sundial Drive Waite Park, MI1 56387 Iarson-I�ac Company 1509 Coon Rapids Blvd. ti. �1. Coon Rapids , NIIV 55433 Riccar Heating 3095 - 162nd Lane .�. [J. Andover, Nfl 55304 St. Marie Sheet Metal Inc. 7940 Spring Lake Park Road Spring Lake Park, MN 55432 GENERAL CONTRACTOR M. J. Arndt Construction Co. 2808 Sherwood Road N.E. Minneapolis, riN 55432 Barkley Constnlction 1111 - 24th Avenue N.E. Minneapolis, NII�T 55418 Summit Builders 900 West 94th Street Bloomington, NAT 55420 Mark G. Johnson & Sons 5231 Logan North Minneapolis, NQi 55430 Welsh Construction Corp. 11200 west 78th Street Eden Prairie, NII�1 55344 By: Keith Zi�nertnan By : Zbm Oooper By: Keith Zimmerman By: Dan Feneis 23y: Robert Larson By: Anna Hornsten By: Louis St. Marie By: Marlan J. Arndt By: Harold Barkley By: Jim Broderich By: Nlark Johnson By: Brad Bainey -- LICENSES � 5 APPROVED BY DiARREL CLARK _ Chief Building.Ofcl BILL SATIDIN Plbg.-Htg. Insp. Same Same Same Same Same DARREL CLARK Chief Building Ofc1 Same Same Same Same r � FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES � 5 JULY 7, 1986 Page 2 Buclaaan Roofing 716 Portland Avenue S t. Pau 1 Park , l�d 55071 J.A. Menkveld & Associates Inc. P.O. Box 34004 Blaine, t�l 55434 Karkela Qonstruction 4149 Highwood Road rbund, Nal 55364 I. Ken Company P.O. Box 19 Holmes City, NIlV 56341 Hackbarth Construction 1302 - 69th Avenue North Minneapolis, NII�1 55429 Covenant Construction Company 7716 - 67th Avenue North Brooklyn Park, MN 55428 Vista Properties Inc. 961 Hillwind Road N.E. Fridley, NIIV 55432 iiEATING Berghorst Plumbing � Heating Co. 10732 iianson Boulevard N.W. Coon Rapids, NII�I 55433 By: John Buckman By: Jack Menkveld By: Larry Karkela By: Kenne th Baker By: Noel Hackbarth By: Randy Brinkman By: Frank Villella By : K,ei th Zi.mmerman Domes tic Mechanical 9110 Grand Avenue South Bloomington, N�T 55420 By: Randall Peterson Larson-Mac Company 1509 Coon Rapids Boulevard Coon Rapids, NIDI 55433 By: Richard Larson Riccar Heating 3095 - 162nd Lane N.W. Andover, NI�1 55304 By: Anna Hornsten St. Marie Sheet Metal Inc. 7940 Spring Lake Park lmad Spring Lake Park, NQV 55432 By: Louis St. Marie TRAILER (Possible Strike Trailer for FMC Workers) UAW Local 6£33 6831 Highway #65 N.E. Fridley, NB7 55432 By: Arnold Keller Same Same Same Same Same Same Same BILL SANDIN Plbg.-Htg. Insp. Same Same S ame Same DARREL CLARK Chief Building Ofcl u 1 — FOR CONCURRENCE BY THE CITY COUNCIL —' ESTIMATES _ FSTII+�,T�S J�.Y 7, 1986 8errick & Newman, P.A. • 6279 University Ave. N. E. . • Fridley, IrN 55432 . For Serviaes Rer�d�ered as City Prosec:utor Fbr f3�e Morith a� Jcne . . . . . . . . . . . . S 2,751.50 . . . H & s Asphalt 700 It�dustry Anoka, M�] 55303 For Street Imprweaent Proj ect S� 1986 — 1& 2 Aartial Estimate No. 3 . . . . . . . . . . . $169,045.85 _.._ . -- � .-.=i��----- V,_... - -,--�..-'_= ._ �.� . . _ . _. _ ; _ . � _ __. __ --.- - •. �- --- r- . . . _ � _ . ._ . _. _ . • _. . ...._ 4 .... ._ .._ i.. _. ,.. .. ... _.. ... ._.. __ .,.. .. _. _ . _. '�- - • . - _.. ' _ _ . . . . �.' r- �.1 . . .�' . . .. �.. � , .. � _�. � " . _ � ��.. � ��. - .. l�. . ._ Y. .. .� __ �_ . . . � ._ � --� �. ._. . _. . �. . .. . . . _.. . �. _ . _ .. ..... . ._ ..__ . . _ _.... .. �. .. . �.' . = - _ _ . ." �.. . . • ''-. .' :... - r��' .. � . �.. ... .: . . . . l_ ... :� . _ '.. - �. �_- L �.. : �i . . .`. � . � .. . � '_. .. . _ _. � . _. ._ : -. _ . ... _ _ . i . . . � � . _ . _ _ r . ' : �. . v� —� .. C. - . ` ��. �� . ._. . . . . .. .. . . �.. � _._ � - .... .._. .� T. �. _. - . - a . . __ _. . . �. ♦. � . .'.. .._ . ._.. .. . -. _._.. . _. _.... ._ .. , - . _ � r.. � _ .... . . ^ . ....... . _ . .. ' .. � � : . - -.. r. ' � - '... f- . . . - t ' ( r.; "� . � �." �; _.. -.. __ � � �. �. _ . - - _ _ ... _ . . . .-� _. : �_.. .. _ , . . .'-' .-- .__ . .. : . . . ..�.. r � y `� � ... ; �- - , ' • �. .. , . '�. _ _��'. i.�': ._Yi �i"1.` • ''�._ �. . . .. .._ , , _... _ ... . .._ _... _ �-,. _ _" _ _ " ...._.. .. i:.._ I "' 1; . .- ,. _ _ .` r.� .. �.. .. . . . . _ _ ... . �... �� r. . . . . _ . .r �.. .. � ,: ' . ... . __ . .Y: . , � ; 17A _ .- ��. . ` _ _ - HG��R'� . :_ ;: � ` - `- _ _ . . ,.. ._ . MONTHLY RETAINER $1,650.00 8.65 hours in excess of 30 @$50.00 per hour 432.50 20.2 hours of law clerk time @$30.00 per hour 606.00 2,688.50 EXPENSES 28.00 DUE FROM LAST MONTH 35.00 $2,751.50 t: - _ _..- _ - ,_� C= . �� . . -: -. .._---- �_ �.. , _:�� 'C� f-:!-- , �_ ._ _ . - - � - ,'�' _� � � �''� - � _ -- - --. . C / _ . . F---� �:� � � From ihe desk of NASIM QURESHI CTI'Y MANAGER'S OFFICE ,7E: July 3, 2986 �B,IECT: . Request for Street Light at 1319 75th Avenue NE _ `> TO n r�ora MEMORANDUM Jfi-316 CT < < :i Please see the attached petition requesting for a street light at 1319 75th Avenue NE. Review and take appropriate action. Please answer verbally or in writing by Monday, July 7, 1986. 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' ' � r � - ��i / : � . � ` � � '� ^� i �,,i'? � �'/ /l-..�� ll ,.` .,-E' ; �, � ,/ ' � : � _�; � � _� / , � � fLC,,v -��" � f;.=�c-./� , .�r' '�r •, - <, � .( ' ; � ` �` _,( '.'" � ��-� . `-' --� � il � L`y -t J , L " /' r` l �r �j . . i /^�; / . / • /, , �_!.!�c �� / �� ,�l�L'- C� L�t c;'�- �_ `• [ ,. i< 1_ / - �.:. - : : !l -�`/ / ` - , ` / ` ` J� /` _ f ./ , t / � � . , , ! . �� / ;' % :� f ,� /1 � ", / i' �- , �_ • . � _ ,_ �/ �� :L /�� l , �� '��' /i/' /� �- � ._: , _ - !' � \�� % �/% �--s__. �%�'> 'e ' . ,, . ,Iune 30, 1986 Attention: Fridley City Council Members ,JU� 0''_ 1�°� 18C We the undersigned are hereby petitioning the right to have a street light installed on the property of Ronald Charles and Kathleen Kay Bernard, located at 1319 75th Ave. N.E., Fridle}�, Mn. 55432. Should power lines prevent this action we request the street light be installed on nearest convenient property in the cul-de-sac area. We request this action be taken as soon as possible, as we are experiencing vandalism and many noise disturbances during late night hours. There are many small children in the area and this would be a safety feature for them. , NAME � L' ��i�4�-�; L 7; � �� L � --- / ��- � �.., ADDRESS / 9. 7 S?f�,� , r iv ,l' / TELEPHONE J'`/- `/i %/ - -5'> 7/ � Y3 � r"r�' �1.�;_- ---� `� ��i�� .� �5 -' ��%�__ .,�� s� �� ----.-�— - '-��° -`�f ` �� .�i� � `�� ,� .�S_c� � 3 7�� -7s '`''' �_Y?��''/ -5 �-�" �_� _.�� '��-------- �s' y - �3� � v r -- - - --- _C1,��1ti�� I � 35 - ? ��_ _ ��_ _ 7 b'� - l�� v � . � - - - -� -- - � �-t!-��1--�.�•��Gt /3.�s- �s Q'v�. i7�: 7SG - l<z_�'d. � � �p . --- -- . - . - ------ --� - - - ------- ------ - - - -- -- ----- - . . - - . _ _ � ._ _ _. . _' _ _%n--_L_� % i -- �--------- . 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