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09/17/1990 - 5131OFFICIAL CITY COIINCIL AGENDA COQNCIL MEETINQ SEPTEMBER 17, 1990 � ��ir FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET MONDAY , September 17, lqqp 7:30 P.M. ,,_t . PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER � , � �� N^c �/tl dJL-1 �v S GO � 1� vtT /Sl U o�- �R /.� /.5 9ov � ��' �l � ��'�, 00 �t �o� � �e. ""� �s. f-ryo ,��s�,�° ��So.�J ��7 /��,��,�.n� �� /� � i s�ii� � d ' ��. z �ws � �'"�� y � Sr /��-" =��'ia ` � � �06 S % .,�� ` 3� -s�r�.� � � .� � �-�-Q � r �• ��-ti (�Z/�7�` � � / / � � � G � � �`i 5 T /r/ / _ ; �. FRIDLEY CITY COIINCIL MEETING, SEPTEMBER 17, 1990 PIIBLIC BEARINGt Public Hearing on Preliminary Plat, Plat Request by Fridley Business Center Partnership to Replat Lots 3, 4, 5, and 6, Block 2, Northco Business Park, into Two Lots, Lots 1 and 2, Block 1, Northco Business Park Third Addition, an Property Generally Located East of Northco Drive and South of 7 3 rd Avenue . . . . . . . . . . NEW BIISINESB: Paqe 2 . . . . . . . . . . . . . 1 - 1M First Reading of an Ordinance Recodifying the Fridley City Code Chapter 606, Entitled "Intoxicating Liquor--Congressionally Chartered Veterans' Organization," by Renaming the Chapter "Intoxicating Liquors--On-Sale Clubs" and by Amending Section 606.01, 606.03, 606.06, 606.10.07 and Amending Chapter 11, "General Provisions and Fees�� . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2B First Reading of an Ordinance to Repeal in its Entirety Chapter 605 of the City Code of the City of Fridley, Minnesota, Entitled "Intoxicating Liquor--Clubs," and to Establish a New Chapter 605 Entitled "Intoxicating Liquor--Bottle Club Permit and Amending Chapter li, "General Provisions & Fees" . . . . . . . . . . . . . . . 3 - 3C FRIDLSY CITY COtTNCIL MEETING, SEPTEMBER 17, 1990 paqe 3 NEW BIISINESS (CONTINUED)s Receive Statement of Canvass of the Primary Election of September 11, 1990 . . . . . . . . . . . . . ... . . . . . . . . . . . 4 - 4F Resolution Approving Plat, P.S. #90-03, Northco Business Park Third Addition . . . . . . . . . . 5 - 5B Receive the Minutes of the CATV Advisory Commission Meeting of August 16, 1990 . . . . . . . . . . . . . . . . . . . . . 6 - 6H Approval of Change Order No. 3, Flanery Park Shelter Project No. 206 . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 78 Appointment to the Appeals Commission . . . . . . . . . . . . . . . . . . . . . . . 8 ra�iuLS,s �.iii �.:vuar�:1L i�1��111YCi� iS�Yl�!°1tf�K 1-/� 1990 paqe � NEW BIISINESS (CONTINIIED)s Informal Status Reports . . . . . . . . . . . . . . . . . 9 Claims . . . . . . . . . . . . . . . . . . . . . . . . . 10 Licenses . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11B Estimates . . . . . . . . . . . . . . . � . . . . . . . . . 12 - 12E ADJOURN: Vvilliam J. Nee Mayor Fridley. MN ♦ Worid Summit For Children Week September 23-29, 1990 WHEREAS, 40,000 children die worldwide every day from malnutrition and disease, and over 50 million of the expected deczths during the decczde of the 1990s are eosily preventczble with today's technology; dnd VVHEREAS, U.S. child poverty, infant mortality, and school achievement are czmong the worst of a�ll industrialized countries, with 40,000 children dying in this country every year; and WHEREAS, in Minnesota, 186,000 children live in poverty, and 25 percent of the homeless in shelters are children; and WHEREAS, Zeczders of six countries have called for a World Summit for Children at the United Nations on September29-30,1990, to address thepressing needs of childrer� and WHEREAS, 60 Heads of State hczve committed to czttending the World Summit for Children, including President George Bush, mczking this the largest summit in the history of the world; WHEREAS, children have the right to a healthy, drug-free, clean, pea�ceful, and secure world; and WHEREAS, Fridley citizens are concerned dbout the health, education cznd welfczre of children everyivh.ere; NDW THEREFORE, BE IT RESOLVED, that I, William J. Nee, Mayor of Fridley, do hereby proclaim the week of September 23-29, 1990, as Worid Summit For Children Week in Fridley, and encourage Fridley adults and children to hold ct C¢ndlelight Vgil or to attend the one at the State Capitol on Sunday, September 23, 1990, from 4:30 pm to 7:30pm to mobilize our leaders to participate fully in the World Summit for Children; IN WITNESS WHEREOF, I hczve set my hcznd and cczused the seacl of the City of Fridley to be affixed this 17th day of September, 1990. William J. Nee, Mayor THE MINIITES OF TSE FRIDLEY CITY COIINCIL MEETINQ OF SEPTEMBER 10, 1990 ►` THE MINIITES OF THE REGIILAR MEETING OF T$E FRIDLLY CITY COIINCIL OF SEPTEMBER 10. 1990 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. � ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: KERRY VAN FLEET DAY - SEPTEMBER 13 1990• Mayor Nee read a proclamation proclaiming September 13, 1990 as Kerry Van Fleet Day in the City of Fridley. He stated that Ms. Van Fleet is a past business owner in Fridley and has served as the Executive Director of the Fridley Chamber of Commerce since 1982. Mayor Nee stated that Kerry has helped create a working relationship between the City and the Chamber of Commerce which has generated a business climate that encourages companies to locate and grow in the City. He stated that Ms. Van Fleet has decided to move to Florida; and he and members of the City Council, the City employees, and citizens extend their best wishes to her for a healthy and happy future. Mayor Nee presented this proclamation to Ms. Van Fleet, and he and the members of the Council wished her good luck in her future endeavors. Ms. Van Fleet thanked the Mayor and Council for the proclamation and stated it has been a wonderful 25 years in Fridley. She introduced her successor, Sandra Clauer. She stated that Ms. Clauer has been with the Anoka County Chamber of Commerce and is a lifelong resident of Anoka County. Ms. Clauer stated that she did not know if she could fill Kerry�s shoes, but she would try. �� FRIDLEY CITY COONCIL MEETING OF SEPTEMBER 10 1990 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING. AUGUST 27 1990• MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: GORDON HEDLUND, 1255 PIKE LAKE DRIVE NEW BRIGHTON: Mr. Hedlund stated that he owns a vacant lot at 4800 - 3rd Street in Fridley and was charged $85 for lawn mowing that was done by the City. He stated that he had mowed the lawn and mows 20 feet from the curb. He stated that this has been acceptable in the past and felt he should be notified if there was a change in City policy. He felt that the $85 charge should be removed. Councilman Fitzpatrick asked Mr. Hedlund what he meant that this has been acceptable over the years. Mr. Hedlund stated that there are a lot of lots that are not mowed at all, and he did not feel it was necessary for the City to mow his lot. � Councilwoman Jorgenson asked if the City had received a complaint from a citizen about the lawn. Mr. Burns, City Manager, stated that he believed it was a citizen complaint. Mr. Hedlund stated that if someone had not complained, the lawn would have been acceptable. Mayor Nee stated that the City has adopted a Systematic Code Enforcement policy and asked Mr. Hedlund if he received a notice to mow the lawn. Mr. Hedlund stated that he did receive a notice; however, what he has done in the past was acceptable. Councilman Schneider stated that it has always been the law that the lawn needs to be maintained within ten inches in height and this has been enforced on a complaint basis. He stated that he FRIDLEY CITY COIINCIL MEETING OF SEPT$MBER 10, 1990 PAG$ 3 would assume Mr. Hedlund would contact the City after notice was received to mow the lawn if he had any questions. Councilwoman Jorgenson stated that she understands the City has mowed this property two other times in the past. She stated that with the Systematic Code Enforcement policy, all properties in the City will be reviewed so property owners will have to keep their lawns mowed in compliance with the code. She stated that the City is taking a more aggressive approach towards code enforcement. Mr. Burns stated that a letter was sent to Mr. Hedlund on July 6, 1990 regarding tall grass and weeds. He stated that the site was revisited on July 18, and it was determined the problem still existed, and then the City mowed the lawn on July 19. Councilman Billings stated that the City mowed this property in 1984 and 1987 and asked Mr. Hedlund what was different now than in 1984 and 1987. Mr. Hedlund stated that he did not know. Mayor Nee stated not maintaining City to mow the property owner. that apparently Mr. Hedlund has "gotten away" with the lawn in the past; however, the cost for the lawn should not be borne by the taxpayer, but the MARY VASECKA, 6909 HICKORY: Ms. Vasecka stated that in presenting items to the Council or observing others presenting items to the Council, she felt perhaps there should be a better definition of Open Forum. She stated that on several occasions, she has heard the comment by a councilmember that citizens or groups of citizens are wasting the Council's time. She stated that attending the Council meeting is the only means she knows to address the Council on a topic. She questioned the Open Forum and what topics should be discussed during this time. Ms. Vasecka stated she understands that only motions or resolutions shou�d be scheduled as agenda items and felt perhaps the agenda should be revised so that Open Forum is at the end of the agenda, rather than the beginning. She stated that another suggestion may be to schedule conference meetings where complicated items could be discussed. Mayor Nee stated that this issue has been bothering him and felt Ms. Vasecka raised a good point. Councilman Schneider stated he would agree that this issue needs discussion, but from his viewpoint, he likes citizens to come to the Council meeting. He stated that there is a problem ia� that the Open Forum is suppose to be limited to fifteen minutes. He stated that this is unfair for groups who have complex issues to present, a FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 10 1990 PAGE 4 and it is also unfair for those who have an agenda item to have to wait for long periods of time before the Council gets to their item. Gouncilwoman Jorgenson stated that a citizen or citizen groups can also make their concerns known through the City Manager's office which would be directed to the Council. She stated that at the end of the Council meeting, Mayor Nee does ask if there is any other business. Ms. Vasecka stated that she doesn�t necessarily agree with the Fantasy House group, but she stated there is an attorney that helped the City of St. Anthony with an ordinance. She stated that she is a very liberal person and believes everyone has a right to their views. She stated that she has been in the Fantasy House in other locations for gag gifts. She stated that she does not necessarily agree it should be in that location, but didn't necessarily want it in her neighborhood. She stated that she is concerned about the City spending a lot of time and effort on this issue. PUBLIC HEARINGS• 1. PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST 1989 — 1& 2�ADDENDUM NO 1)• MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:07 p.m. Mr. Pribyl, Finance Director, stated that the properties involved in this street improvement project will be assessed according to the benefits received. He stated that the purpose of the public hearing is to hear from anyone who has any objection to the assessment. Mr. Pribyl stated that this improvement project covered Northco Drive, University Avenue West Service Drive, Commerce Lane (73rd Avenue to Osborne Road), 51st Way and East River Road, and a sanitary sewer line for property at 7570 Highway 65. Mr. Pribyl stated that the cost for the Northco Drive improvement is divided in accordance with the Development Agreement between Northco Business Park and the City. He stated that the total cost is $93,243.66 which will be assessed for ten years at an interest rate of 8-1/2 percent. He stated that the improvement involved the construction of concrete curb and gutter, aggregate base course, bituminous paving, and sodding. FR�DLEY CITY COIINCIL MEETING OF SEPTEMBER iQ. 1990 PAGE 5 Mr. Pribyl stated that the University Avenue West Service Drive improvements included concrete curb and gutter, aggregate base course and bituminous paving. He stated that two property owners are invalved, the total cost is $85,380.90, and it will be assessed over a ten-year period at an interest rate of 8-1/2 percent. Mr. Joel Carlson presented a letter to the Council dated September 10, 1990 from Mark Anderson of the Hillstrom and Bale, Ltd. law firm. The letter stated that they represented University Avenue Associates and, according to their records, University Avenue Associates has no interest in parcels described as PIN 02 30 24 22 0010 and 02 30 24 22 0011. Further, they have received no benefit from said street improvements. They requested that University Avenue Associates be removed from the final assessment roll for these projects. Mr. Carlson stated that the letter is a clarification as University Avenue Associates is listed on the final assessment roll, and they do not have an interest in the property. He stated that because the public hearing is the time to object to any assessment, he stated that they wanted to take this opportunity to put the Council on notice that they do not have an interest in this property. Mr. Pribyl stated that University Avenue Associates some interest in the property in previous years. the assessment will be certified on the pin numbers not against corporations. Mr. Carlson stated that he understands this, clarified before anything further proceeded. apparently had He stated that themselves and but wanted it Mr. Herrick, City Attorney, stated that he wished to clarify Mr. Carlson's objection to the fact that University Avenue Associates was mentioned in the notice. Mr. Carlson stated that University Avenue Associates received notice in the mail, and they are not objecting to the assessment, but wanted the Council to be notified they have no interest in the property. Mr. Herrick stated that the assessment is against the properties and understands there is no objection to the assessment on those properties or no objection to the amount of the assessment as long as University Avenue Associates is not responsible for the assessment. Mr. Carlson stated that Mr. Herrick's statement was correct. MOTION by Councilwoman Jorgenson to receive the letter from Mark Anderson, Hillstrom and Bale, Ltd. dated September 10, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF SBPTEMBER t0 19 O G$ 6 Mr. Pribyl stated that in the assessment process, all property owners who may have an interest are notified. Mr. Pribyl stated that the Commerce Lane project included concrete curb and gutter, aggregate base, bituminous pavement, landscaping, and storm sewer improvements. He stated that the total cost of the project is $302,684.06 of which $91,905.60 will be paid from the City's Capital Improvement Fund, and the balance of $210,778.46 will be assessed by front footage between the property owners on Commerce Lane. He stated that the assessment will run for ten years at an interest rate of 8-1/2 percent. He stated that a storm sewer on Osborne Road was added under this portion of the project at a cost of $52,105.47, and the assessment will be split between two properties. He stated that the assessment will be deferred until the property is developed and at the time a building permit is issued, the principal amount plus accumulated interest will become payable. Mr. PribyZ stated that the 51st Way and Ea�t River Road improvement involved the installation of concrete curb and gutter, aggregate base course, bituminous paving, new signal system, and landscaping at a total cost of $310,540.32 which will be assessed according to front footage. He stated that $128,021.01 is being assessed between two property owners for ten years at an interest rate of 8-1/2 percent. Ae stated that $66,868.54 will be paid from the Capital Improvement Fund, Anoka County will pay $86,916.36, and the remaining amount of $28,734.4Z will be placed on two properties as deferred assessment until developed. He stated that at the time these properties are developed and a building permit is issued, the principal amount plus accumulated interest will become payable. Mr. Pribyl stated that a sanitary sewer line was installed for proper.ty at 7570 Highway 65 at a cost of $21,462.77. He stated that $8,444.25 is currently being assessed, and the remainder of $13,018.52 will be paid by the Capital Improvement Fund and placed on the property as a deferred assessment. He stated that at time oi redevelopment, when a building permit is issued, the amount of $13,018.52 plus accumulated interest would become payable. No other persons in the audience spoke regarding these proposed assessments under Street Improvement Project No. ST Z989 - 1& 2 (Addendum No. 1). MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:17 p.m. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBBR 10. 1990 PAQ$ 7 2. PUBLIC HEARING ON ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES 1989• MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinq opened at 8:17 p.m. Mr. Pribyl, Finance Director stated that this assessment is for the removal of diseased trees in the City and involves three properties for a total assessment of $1,200. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:21 p.m. 3. PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST 1988 - 4: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:21 p.m. Mr. Pribyl stated that this assessment involves street improvements under Project No. ST 1988-4 (Osborne Road east of East River Road to Main Street). He stated that this project was part of a Joint Powers Agreement between the County and the City with a total cost to the City of $130,314.46. He stated that $90,305.60 will be assessed between six properties according to front footage. He stated that the project included grading, concrete curb and gutter, stabilized base, hot-mix bituminous mat, sanitary and storm sewer, traffic signal, street lighting, landscaping, and bikeway/walkway path. He stated that the length of the assessment is ten years at an interest rate of 8-1/2 percent. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:23 p.m. FRIDLEY CITY COIINCIL MEETING OF BEPTEMBER 10 1990 PAGB 8 OLD BUSINESS• 4. ORDINANCE NO. 955 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 113 ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" BY ADDING SECTION 113 05 "YARD WASTE TRANSF R SITE" AND �2ENUMBERING THE PRESENT SECTION 113.05 TO 113.06 AND THE �tEMAINING SECTIONS CONSECUTIVELY: AND FURTHER AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE ENTITLED GENERA.L PROVISIONS AND �'EES, SECTION 11.10: MOTION by Councilman Billings to waive the second reading of Ordinance No. 955 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Planning Coordinator, stated that effective October 4, the City will begin charging homeowners to use the yard waste transfer site. She explained the location of the site and the hours it would be open. She stated that waste oil would no longer be received at this site, however, the Rapid Oil locations and Bob's Amaco at Highway 65 and Osborne Road will receive used oil. NEW BUSINESS; 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF �UGUST 22. 1990• A. RESOLUTION NO. 70-1990 APPROVING A SUBDIVISION LOT SPLIT L.S. #90-03, TO SPLIT LOTS 4 5 AND 6 BLOCK 2 NORTHCO BUSINESS PARK INTO TWO PARCELS GENERALLY LOCATED EAST OF NORTHCO DRIVE AND SOUTH OF 73RD AVENUE• Mr. Dacy, Planning Coordinator, stated that this property is zoned M-2, heavy industrial, and the proposed lot split involves two of the originally platted lots in the Northco Business Park. She stated that the petitioner is proposing to delete 88 feet from Let 4 and add this to Lot 5. She stated that there is a triangular easement area that will eventually be added to Lot 5. Ms. Dacy stated that the Angeion Corporation is processing this lot split in order to begin construction this month. She stated that Angeion Corporation will utilize all the former Lots 5 and 6 plus the new 88 foot strip. She stated that the Planning Commission recommended approval of the lot split subject to three stipulations, as outlined in the resolution. Ms. Kristin Larson, Stuart Corporation, stated that Angeion Corporation is a medical manufacturing and research company, with heart monitors being one of their specialties, and they are a growth-oriented company. FRIDLEY CITY COUNCIL MEETING OF SEPTEM88A l0, 1990 PAQ$ 9 Mr. Larry Berg, representing Northco, stated that he would be happy to answer any questions fram the Council. MOTION by Councilman Billings to adopt Resolution No. ?0-1990, with the three stipulations attached as Exhibit A. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Council received the minutes of the Planning Commission meeting of August 22, 1990. 6. RECEIVE ITEMS FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 21. 1990: A. VARIANCE, VAR #90-18, BY WINFIELD DEVELOPMENTS INC. TO INCREASE THE MAXIMUM SOUARE FOOTAGE OF A FREE—STANDING SIGN FROM 80 Sc?UARE FEET TO 104 SOUARE FEET; TO ALLOW A SECOND � FREE—STANDING SIGN ALONG THE SAME STREET FRONTAGE; TO ALLOW AN EXISTING 24 S4UARE FOOT FREE—STANDING SIGN TO REMAIN ON LOTS 4. EXCEPT THE NORTHERLY 35 FEET LOTS 5 AND 6 BLOCK 1 PACO INDUSTRIAL PARK. THE SAME BEING 7110—?190 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE. VAR #90-17, BY JOEL AND MARILYN GERDEEN TO REDUCE THE LOT AREA FROM 9.000 SQUARE FEET TO 8 835 SQUARE FEET; TO INCREASE THE LOT COVERAGE FROM 25 PERCENT TO 26 5 PERCENT: TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 1 FEET ON LOT 2, BLOCK 2, AL ROSE ADDITION, THE SAME BEING 6240 ALDEN WAY N.E. Ms. Dacy, Planning Coordinator, stated that this is a request for three variances to allow the construction of an 18 by 32 foot addition to the front of this dwelling at 6240 Alden Way N.E. She stated that the variances requested are to reduce the lot area from 9,000 to 8,835 square feet; to reduce the front yard setback from 35 to 21 feet; and to increase the lot coverage from 25 to 26.5 percent. Ms. Dacy stated that the Appeals Commission recommended a compromise to reduce the proposed depth of the addition from 18 feet to 15 feet based on the philosophy that if this were a 9,000 square foot lot, a lot coverage of 2,250 square feet would be allowed. She stated that the petitioner has revised his floor plan that would reduce the depth of the addition by three feet. Ms. Dacy stated that the Appeals Commission recommended approval of the variances to reduce the lot area from 9,000 to 8,835 square FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 10, 1990 PAGE 10 feet, to reduce the front yard setback from 35 to 24 feet, and to increase the lot coverage from 25 to 25.4 percent. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and staff and grant variance request, VAR #90-17, to reduce the lot area from 9,000 square feet to 8,835 square feet; to reduce the front yard setbaak from 35 feet to 24 feet; and to increase the lot coverage from 25 percent to 25.4 percent. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick stated he felt the hardship is that the City platted a small and shallow lot back in the 1970's. C. VARIANCE, VAR #90-21, BY SHIRLEY SEVERSON TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 8 FEET: TO REDUCE THE SETBACK FROM THE NORMAL HIGH WATER LINE OF THE MISSISSIPPI RIVER FROM � 1Q0 FEET TO 44 FEET: TO REDUCE THE SETBACK FROM THE MISSISSIPPI BLUFF LINE FROM 40 FEET TO 0 FEET ON LOT 3 BLOCK l. WALT HARRIER 1ST ADDITION, THE SAME BEING 6490 RIVERVIEW TERRACE N.E.• Ms. Dacy, Planning Coordiriator, stated that this is a request for three variances to reduce the side yard setback from 10 to 8 feet, which is an existing encroachment; to reduce the setback from the normal high water line of the Mississippi River from 100 to 44 feet; and to reduce the setback from the Mississippi bluff line from 40 to 0 feet at 6490 Riverview Terrace N.E. She stated that the petitioner is proposing to add a new bedroom addition onto the second story towards the front of the home overlooking the river. MoTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant variance request, VAR #90-21, to reduce the side yard setback from 10 feet to 8 feet, to reduce the setback from the normal high water line of the Mississippi River from 100 feet to 44 feet; and to reduce the setback from the Mississippi bluff line from 40 feet to 0 feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF TEN-WEEK EXPANSION OF THE HOURS AT THE CITY OF FRIDLEY'S YARD WASTE TRANSFER SITE: Ms. Dacy, Planning Coordinator, stated that staff is recommending that the hours at the City's yard waste transfer site be expanded to 9 a.m. to 5 p.m. on Tuesday, Thursday, Friday, and Saturday; 9 a.m. to 7 p.m. on Wednesday; and 1 p.m. to 6 p.m. on Sunday. She stated that this expansion would be in effect September 25 to December 1, 1990. FRIDLEY CITY COIINCIL MEETING OF BEPTEMBER 10. 1990 PAGE 11 MOTION by Councilman Schneider to expand the hours at the City's yard waste transfer site as indicated under Option #2, in staff's memo dated September 6, the hours being 9 to 5 p.m. on Tuesday, Thursday, Friday, and Saturday; 9 a.m. to 7 p.m. on Wednesday; and 1 p.m. to 6 p.m. on Sunday. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVAL OF AGREEMENT WITH SCHOOL DISTRICT NO 14 TO LEASE THE "A" FRAME BUILDING LOCATED AT NORTH INNSBRUCK PARK ARTHUR STREET• Mr. Pribyl, Finance Director, stated that the City has leased this "A" frame to School District No. 14, and they are requesting the lease be renewed under the same terms. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this lease agreement with School District No. 14 for the "A" frame building at North Innsbruck Park. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVAL OF JOINT POWERS AGREEMENT FOR THE INSTALLATION OF TEMPORARY TRAFFIC CONTROL SIGNALS AT INTERSECTION OF: C.S.A.H. #1 (EAST RIVER ROAD� AND 77TH WAY• Mr. Winson, Assistant Public Works Director, stated that the County intends to install a temporary traffic control signal at the intersection of East River Road and 77th Way. He stated that the temporary signals will only require the City to participate in the costs for the electrical installation and for the installation of the Emergency Vehicle Preemption System. He stated that because Fire Station No. 3 is located at this intersection, it is felt the Emergency Vehicle Preemption System should also be installed. He stated that it would probably be several years before a permanent signal is installed. MOTION by Councilman Fitzpatrick to approve the Joint Powers Agreement with Anoka County for installation of the temporary signal and the Emergency Vehicle Preemption System. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 71-1990 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT FUND STREET DIVISION TO THE 1988 STREET FUND: MOTION by Councilman Billings to adopt Resolution No. 71-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COLTNCIL MEETING OF BEPTEMBER 20, 1990 PAG$ 12 11. APPROVAL OF MOTION TO ADD TO THE 1990 SANITARY SEWER CAPITAL IMPROVEMENT FUND FROM FUND BALANCE AN ADDITIONAL $14.000 FOR THE CITY'S COST OF THE SANITARY SEWER LINE SERVICING THE PROPERTY AT 7570 HIGHWAY 65: Mr. Pribyl, Finance Director, stated that in 1989, upon Council action, an amendment was initiated to ST 1989 - 1& 2 to construct a sanitary sewer line to service the commercial development at 7570 Highway 65 . He stated that while the proj ect was approved, the funds were never identified in the 1990 Sewer Capital Improvement Fund, and since this is an Enterprise Fund, the council should move to add this item. MOTION by Councilman Billings to add to the 1990 Sanitary Sewer Capital Improvement Fund from Fund Balance an additional $14,000 for the City's cost of the sanitary sewer line servicing the property at 7570 Highway 65. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 72-1990 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND, STREET DIVISION: Mr. Pribyl, Finance Director, stated that this resolution is to cover the costs for the Emergency Vehicle Preemption System on East River Road (CSAH #1) and 77th Way. MOTION by Councilwoman Jorgenson to adopt Resolution No. 72-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 73-1990 REAPPROPRIATING MUNICIPAL STATE AID FUNDS TO COUNTY STATE AID HIGHWAY CSAH - 51ST WAY AND AST RIVER ROAD SIGNAL REVISION PROJECT �SAP 127-020-08)• Mr. Winson, Assistant Public Works Director, stated that the City had previously requested $54,000 from the State Aid Funds based on estimates available at that time. He stated that the Department of Transportation authorized reimbursement up to 66-2/3 percent which represents $60,000. He stated that preliminary and construction engineering costs bring the total reimbursable amount to over $69,000. He requested that the Council, therefore, consider this resolution to reappropriate the sum of $70,000 from the City's Municipal State Aid Street Fund. MOTION by Councilwoman Jorgenson to adopt Resolution No. 73-I990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COQNCIL MEETING OF S$PTEMBER 10. 1990 PAGE 13 14. RESOLUTION NO. 74-1990 TO THE RICE CREEK WATERSHED DISTRICT TO IMPLEMENT THE STREAMBED AND BANK STABILIZATION PROGRAM: Mr. Herrick, City Attorney, stated that he received a telephone call from the attorney for the Rice Creek Watershed District indicating the Watershed District wants to implement the streambed and bank stabilization program as part of their 509 plan. Mr. Herrick stated that in order for the Watershed District to implement this program, a petition has to be received from one of the municipalities in the district and asked that Fridley initiate such a petition. Mr. Herrick stated that he and John Flora, Public Works Director, were not quite certain how the money would be handled. He stated that in a subsequent conversation with the Watershed District's Attorney, he advised that the District would request the County to levy an ad valorem tax and would turn the proceeds over to the City for the City to administer. He stated that whether that is a final decision, he is not really certain. Mr. Herrick stated that if this is the case, the City will probably have to adopt some program, possibly a cost sharing, with the property owners. He stated that he understands the Soil and Water Conservation District Office has some funds avaiiable, and he could envision a three-way cost sharing between the Rice Creek Watershed District, the property owners, and the Soil and Water Conservation district. MOTION by Councilman Fitzpatrick to adopt Resolution No. 74-1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 75-1990 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST 1989 - 1& 2 LADDENDUM NO. 1): MOTION by Councilman Billings to adopt Resolution No. 75-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor nee declared the motion carried unanimously. 16. RESOLUTION N0. 76-1990 CONFIRMING ASSESSMENT FOR THE TREATMENT AND REMOVAL OF TREES 1989: MOTION by Councilman Schneider to adopt Resolution No. 76-1990. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 17. RESlJLUTION NO. 77-1990 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST 1988 - 4: MOTION by Councilman Schneider to adopt Resolution No. 7?-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF BEPTLMBER 10, 1990 PAGE 14 18. RESOLUTION NO. 78-1990 CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1991 (NUISANCE): MOTION by Councilman Billings to adopt Resolution No. 78-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 79-1990 CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1991 (WEEDS): Mr. Pribyl, Finance Director, stated that the third pin number in this resolution, No. 11 30 24 0010, should be deleted from the resolution. MOTION by Councilwoman Jorgenson to adopt Resolution No. 79-1990, with the deletion of Pin Number 11 30 24 242 0010. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. CLAIMS: MOTION by Councilman Billings to authorize payment of Claim Nos. 33723 through 33906. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Astech Corporation P. O. Box 1025 St. Cloud, MN 56302 Street Improvement Project No. ST 1990 - 10 (Sealcoat) FINAL ESTIMATB . . . . . . . . . . . . . . . $12,691.73 0 0 FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 10. 1990 PAGE 15 Herrick & Newman 205 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, NII�T 55432 Services Rendered as City Attorney for the Month of August, 1990. .......$ 5,121.00 Bituminous Consulting & Contracting 2456 Main Street • Minneapolis, MN 55434 Street Improvement Project No. ST 1990 - 3 Estimate No. 2 . . . . . . . . . . . . . . . $25, 567. 59 Volk Sewer & Water 8909 Bass Creek Court _ Brooklyn Park, MN 55429 Water, Sanitary Sewer & Storm Sewer Project No. 210 Estimate No. 2 . . . . . . . . . . . . . . . $ 7, 306.79 Walbon Lawn Maintenance 3225 Skycroft Drive St. Anthony, MN 55418 Corridor Maintenance Project No. 199 Estimate No. 5 . . . . . . . . . . . . . . . $ 4, 342.86 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FANTASY HOUSE• Councilman Billings stated that for those who are watching on cable television, he did not want anyone to think progress has stopped . regarding this issue and wanted to state that the Council received another draft from the City Attorney relative to potential zoning of certain areas. He stated that staff is reviewing this draft to determine, if through zoning, there are any areas where these type of businesses could be located in the City. He stated that the City Attorney is also in contact with the County Attorney and State Attorney General's Office. Councilwoman Jorgenson stated that a letter was received last week from Mr. Boswell and is being addressed by the Council with the Fantasy House group, rather than at the Open Forum of the Council meeting. . FRIDLEY CITY COIINCIL MEETINC: OF BEPTEMBER 30. 1990 PAGE 16 ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 10, 1990 adjourned at 9:00 p.m. Respectfully s�bmitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � � cinroF f RIDLEY DATE: TO: C01ViMl,iNITY DEVELOPMENT DEPARTMENT M EMO RAN D l�M September 13, 1990 �.� William Burns, City Manager �% FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing on Plat Request, P.S. �90-u3, by Fridley Business Center Partnership Attached is the staff report for the above-referenced request. The City Council set the date for the public hearing as September 17, 1990. Staff recommends that the City Council hold the public hearing. The resolution approving the plat appears as a separate item on the agenda. MM/dn M-90-662 0 1 � 1A � STAFF REPORT APPEALS OATE ��NQF PLAMWf' CONMSSION DATE : august 22, 1990 FRIDLEY C�TY COl�1qL DAl'E : September i� , 1990 �HOa_��dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES $, zorviNc unlrEs PARK DEDICATION ANALYSIS FINANCIAL IMPL.ICATIONS CONFORMANCE TO COMPREI-�NSNE PLAN COMPAT�IUTY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION P.S. ��90-03 Fridley Business Center Partnership To replat Lots 3, 4, 5, and 6, Block 2, Northco into 2 lots. 73rd and University Avenues 468,790 square feet M-2, Heavy Industrial M-2, Heavy Industrial $.023 per square foot ($10,782.00) Yes Yes Approval Approval lL'� Staff Report P.S. #90-03, Fridley Business Center Partnership Page 2 Request The petitioner, Fridley Business Center Partnership, is proposing to replat Lots 3, 4, 5, and 6, Block 2, Northco, into two lots. The subdivision of these properties are proposed in two phases for the following reasons: Phase 1: The purpose of the lot split application is to convey the 88 foot rectangle for Angeion Corporation. Angeion has submitted its building permit application and would like to start construction in September. Approval of the lot split will enable them to do so. The proposed description of the rectangle is simple enough to be accepted by the County Recorder's office without replatting. Phase 2: The purpose of the plat application is to common lot line between Angeion's lot include the triangular easement area intc The legal description of the triangle is by metes and bounds, and therefore, replatted. Site reconfigure the and Lot 4 to Angeion's lot. too complicated needs to be The property is generally located at '73rd and University Avenues. Specifically, the property is located at the intersection of Northco Drive and the Carter Day private driveway. The property is currently vacant and treed with mature oak and cherry trees. The property is zoned M-2, Heavy Industrial, as are the parcels to the north, south, east, and west. Analysis The petitioner is proposing to replat Lots 3, 4, 5, and 6, Block 2, Northco, into two lots of 4.65 acres and 6.10 acres. The plat will formalize the lot split and easement which was discussed in the lot split request, L.S. #90-03. The proposed plat will create lots that meet the minimum lot standards set forth in the zoning code for the M-2, Heavy Industrial district. Both lots exceed the 1.5 acre minimum lot size requirement and maintain a width of over 150 feet. In addition, both lots have adequate access opportunities with Lot 2 fronting both Northco Drive and 71st Avenue N.E. As these lots will continue to be part of the Northco development, environmental considerations such as tree preservation and storm water retention LL� Staff Report P.S. #90-03, Fridley Business Center Partnership Page 3 are addressed by the development agreement which was approved as part of the first Northco plat. There are no easements along the side lot lines �f those lots that are being replatted, therefore, a vacation of easements is not necessary. Cross parking easements were recorded against the original Lot 4, Block 2, Northco, and the Carter Day parcel. These cross parking easements will need to be amended and recorded. Recommendation Staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. Cross parking easements shall be recorded against Lot 2, Block 1, Northco Third Addition, and the Carter Day property to the east (Lot 7, Block 2, Northco Business Park). 2. A park dedication fee of $.023 per square foot shall be paid at the time of building permit. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the plat request with the stipulations as presented by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action and approve the plat. � . �.:_ `...' ; I' � ., � � . ....._..... � ' . ------ � ---� -- - - I �--------------- - s !! 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S. 4� 90-03 i Fridley Business = O ♦' (� ter Partnership � N011b'HOd1�0� ll�'v'f115 �.�+, �,� w muw�n � '�"'r�S�a. � �a�o ire an � � � � "�f° .. � NOIJ.'�'�iOdL�OJ NQI��N� �o� «�~ =p ° U �tl0! lMIQ1lA 6LO�w N3W1irN �� wr�+ ! � d i *_ � n °e�r� � �Q � _� � [i �e � � g � 9 � ! 3 ":@ '- � �d � II � astq :� �8 °C . ,..{r� E� ¢ � W ;: a� � � ' Sy �S .. 7 ° G ii • i� � w � J E w , a ¢ � � _ � � � � = ca � d$ �y � A � / _ , W �d a �se �� i $� � �� s� rp a� �� i �� } K r �>,�- >�,.;,� II _ � 'IQfR'fFT�Ti F .9 ;.�! � � ± A:? 1��! � � a � a a. � � F � � ¢s :�� ya�� i �� -��-' �i� � �' � "'_ ��. '.E� 2Ya�� ` "��, . i g s �� "y3 >a�R� g� i e i a g� �s�� •e " � E ;' �1.l j" 3=t8= y5 3 3 8 `t r�c i �� Ia::� rp � r e a t r r�� YQ�� p� a� �°� � � �� °_,g� ��ieQ �� ti � � i � i�i: } igr e�'� �g°�p �Q � � UJ� e Aar 3�� 5 R {—. � t5 . �� d� a� it i � Q$ 6� i�� 2��: Cei�� e: �� a p Z. .. .. . . . . . . P.S. ��90-03 ' Fridley Business tva�ivdod�o� ldvn • °° �� .,, o,,, ��ne r sh i p � .�..�.,,� -.�a., �� q r' 1�110 WY ON (`L$JV1 b7�� w�wo " I'�J011.�i'tJQd�O� (°�J013�1N�' � �-t�� -�� W� •uos 7Mimu� a7soaosa r8HV1t:W� ww w t 5 N �.L'; 1 =IIIII,�,i!'I . ,1,1 _ ,��°�� .� � ��,� � .. �-� � /� � � °I'i'(=;' f ; 1K PLANNINQ COMMISSION MEETINa. AIIGIIST 22. 1990 PAGS 3 MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend tc � City Council approval of L.S. #90-03, by Fridley Busines �Center Partnership, to split Lots 4, 5, and 6, Block 2, Nort �Business Park into the following two parcels. � Parcel 1: Lots 5 ad 6 and the north 87.98 eet of the east 268.02 feet of Lot 4, Block 2 orthco Business Park, accordinq to the reco� ed plat thereof, Anoka County, Minnesota.� Parcel 2: Lot 4, Block 2, Nort�o Business Park, accordinq to the recorded p1aE thereof, Anoka County, Minnesota, excep,�the north 87.98 feet of the east 268.02 feet o�/said Lot 4. All generally locat east of Northco Drive and south of 73rd Avenue, with he followinq stipulations: 1. � 3. plat, P.S. #90-03, shall be completed by the tioner. Compliance with stipulations of P.S. #90-03. Park dedication fees shall be paid at time of building permit issuance. OP�i A VOICE VOTB� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED �{iE MOTION CARRIED IINANIMOOSLY. 2. PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT. P.S. #90-03 BY FRIDLEY BUSINESS CENTER PARTNERSHIP: To replat Lots 3, 4, 5, and 6, Block 2, Northco Business Park, into two lots, Lots 1 and 2, Block 1, Northco Business Park Third Addition, on property qenerally located east of Northco Drive and south of 73rd Avenue. MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to open the public hearing. UPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRPERSON BETZOLD DECLARED THE MOTZON CARRIED AND THE PIIHLIC HEARINO OPEN AT 7s45 P.M. Ms. McPherson stated the purpose og the plat is to formalize the previous lot split into correct, simple legal descriptions instead of a complicated metes and bounds description for that particu2ar trianqular easement discussed with the lot split request. The plat will create two parcels: Lot 1 and Lot 2 of the proposed Northco Third Addition. Lot 1 is 4.65 acres and Lot 2 is 6.1 acres. 8oth lots meet the minimum lot area requirement and the minimum lot width requirement set forth in the M-2, Heavy Industrial District regulations. 1L PLANNINd COMMI38ION MEETINQ, AIIGIIST 22. 1990 PAGB � Ms. McPherson stated environmental considerations such as tree preservation and drainage issues were first addressed in the oriqinal plat and those conditions outlined in the original development aqreement will still apply to these new lots. Ms. McPherson stated cross parkinq easements were oriqinally recorded with the original plat for Lots 4 and 5 and the adjacent Carter Day facility. These cross parkinq easements will need to be amended and re-recorded based on the new legal descriptions. Ms. McPherson stated staff is recommendinq the Planninq Commission recommend approval of the preliminary plat with two stipulations: 1. Cross parking easements shall be recorded against Lot 2, Block l, Northco Third Addition, and the Carter Day property to the east (Lot 7, Block 2, Northco Business Park) . 2. A park dedication fee of $.023 per square foot shall be paid at the time of building permit. MoTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearinq. OPON A VOICE VOTE, ALL VOTINa AYE, CBAIRPER30N BSTZOLD DECLARED THE MOTION CARRIED AND T8E PIIBLZC HEARING CL03ED AT 7:50 P.IYi. MOTION by Mr. Dahlberq, seconded by Mr: Saba, to recominend to City Council approval of preliminary plat, P.S. #90-03, by Fridley Business Center Partnership, to replat Lots 3, 4, 5, and 6, Block 2, Northco Business Park, into two lots, Lots 1 and 2, Block 1, Northcc Business Park Third Addition, on property generally located east of Northco Drive and south of 73rd Avenue, with the followinq stipulations: 1. Cross parkinq easements shall be recorded against Lot 2, Block l, Northco Third Addition, and the Carter Day property to the east (Lot 7, Block 2, Northco Business Park) . 2. A park dedication fee of $.023 per square foot shall be paid at the time of buildinq permit. IIPON A VOICB VOT$,. ALL VOTING AY$, CSAIRPERSON BETZOLD DECLARED TH8 MOTION CARRIED IINANIMOOSLY. Ms. McPherson stated the lot split and preliminary plat will qo to City Council on September 10, 1990. 1M FRIDLEY CITY COIINCIL MEETZNG OF AIIGDST 27, i990 PAGB 7 MOTION by Councilman Schneider to concur with the Appeals Commission and qrant variance request, VAR �90-19 to reduce the setback on the street side of a corner lot from l�feet to 10 feet. Seconded by Councilwoman Jorgenson. Councilman Billings asked about the hard p on this piece of property. Councilman Schneider felt that, om a practical standpoint, the variance was appropriate as re would not be a problem with the sight lines, and a car is ow beinq parked at this location. Mayor Nee stated at, as reflected in the minutes, if another garage was co ructed, the use of the existing garage may be a problem. I�i1�C VOICE VOTE TAi�N ON THE ABOVE MOTION, all voted aye, and or Nee declared the motion carried unanimously. 3.5. SETTING A PUBLIC HEARING FOR A REPLAT IN THE NORTHCO ADDITION: Ms. Dacy, Planninq Coordinator, stated that several months ago the Council approved the Northco Second Addition plat, and the owners are now taking four originally platted lots and creating two lots by adjustinq the lot lines. She stated that a public hearing should be set for September 17, 1990 regardinq this replat. MOTION by Councilman Billings to set the public hearing for the replat in Northco Addition for September 17, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 4. Mr. Flora, Public Works Director, stated that in Nov er, 19�5, the Council passed a resolution approvinq the preli ' ary plans for the County's improvement project at the interse on of East River Road and Osborne Road. He stated that this ject was identified within the City as ST 1988-4. Mr. Flora stated that in the resolu 'on for the preliminary plans, the City requested the County inc de a bikeway/walkway on Osborne Road, the use of interlockinq vinq stones within the median, and rubberized railroad crossi panels at the Burlington Northern Railroad tracks. He stat the County indicated that they did not desire to make any cha s to the preliminary plans as this was a federally funded p �ect, and any changes would require a resubmittal, loss funds, and delay of the project. Mr. Flora stated that it as agreed the County would proceed with the oriqinal proj t, and incorporate the desired additional items as change orde s to the contract. /��, :'�' :�.\`� t � � .�,, _,�- �,� ,'... � DATE SUBJECT POLICE DEPARTMENT City of Fridley Minnesota 1990 DIRE ON-SALE CLUB LICENSES MEMORANDUM TO City Council recently expressed an interest in an ordinance that would allow for the on-sale of intoxicating liquors in "clubs" as defined by Minnesota Statue. Enclosed is an ordinance drafted by City Attorney Virgil Herrick, that incorporates some-of my suggestions to achieve councils request. Council should note section 606.06 which is proposed to read "The annual license fees shall be the maximum allowed in Minnesota Statute 340 A..." The current Fridley license fee for "liquor - veterans" is $150.00 annually. Veterans organizations now are defined as a"club" by Minnesota statute 340 A. The fee structure delineated in Minnesota Statue 340 A for "clubs" and what is proposed for Fridley is as follows: $300 for a $500 for a $650 for a $800 for a $1,000 for $2,000 for $3,000 for club with under 200 members; club with between 201 and 500 members; club with between 501 and 1000 members; club with between 1001 and 2000 meYabers; a club with between 2001 and 4000 members; a club with between 4001 and 6000 members; a club with over 6000 members. As a comparison, Fridleys' fees for an on-sale retail liquor license range from $6,000 to $9,000, depending upon square footage and entertainment. Virgil Herrick will make the presentation of this item at the Council meeting. 2 INFO !Ssl ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 606, ENTITLED "INTOXICATING LIQUOR--CONGRESSIONALLY CHARTERED VETERANS' ORGANIZATION", BY RENAMING THE CHAPTER "INTOXICATING LIQUORS--ON-SALE CLUBS" AND BY AMENDING SECTION 606.01, 606.03 606.06, 606.10.07 AND AMENDING CHAPTER 11, "GF,NERAL PROVISIONS AND FEES" The Council of the City of Fridley does ordain as follows: The title of this Chapter "Intoxicating Liquors--Congressionally Chartered Veterans' Organizations" is amended as follows: "Intoxicating Liquors--On-Sale Clubs" Section 606.01 DEFINITIONS The following definitions shall apply to the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Club. "Club" is an incorporated organization organized under the laws of the state for civic, fraternal. social, or business purposes, for intellectual improvement, or for the promotion of �orts or a congressionally chartered veterans' oraanization, which• (a) has more than 50 members; (b) has owned or rented a building or space in a buildina for more than one year that is suitable and adecLuate for the accommodation of its members. ic� is directed bv a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose No member, officer agent or employee shall receive anv profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governinct body. 2 On-Sale. "On-Sale" is the sale of alcoholic beveracres for consumption on the licensed premises only. Section 606.03 KIND OF LICENSE "On-Sale" licenses mav be issued to clubs for the sale of on-sale licxuors to members of the organization or their bona fide auests onl . ORDINANCE NO. Page Two Section 606.06 is amended as follows: The annual license fees shall be the maximum allowed in Minnesota Statute 340A as provided in Cha.pter 11 of this code. Section 606.10.07 CONDITIONS The sale of intoxicating liquor under such license is restricted to members of the club and their bona fide guests. PASSED AND ADOPTED BY THE CITY OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: � - .i�� °-4 E�. i` :`� �' �� . �e4, °.� � �� DATE SEPT FROM pUBLIC SUBJECT POLICE DEPARTMENT City of Fridley M innesota 11, 1990 ETY DIRECT BOTTLE CLUB PERMITS J.P. HI BILL B MEMORANDUM 0 0 �� ACTI ONI I N FO X If Council responds favorably to the proposed amendments of Fridley City Code, Chapter 606, entitled "Intoxicating Liquor-- Congressionally Charted Veterans' Organization", by renaming the chapter "Intoxicating Liquors -- On-Sale Clubs", it will become desirable to take legislative action on Chapter 605. Enclosed is an ordinance drafted by myself and reviewed by, City Attorney Virgil Herrick, to repeal existing City Code 605 entitled "Intoxicating Liquor -- Clubs" and to establish a new chapter 605 entitled "Intoxicating Liquor -- Bottle Club Permit." The intent of this ordinance is to eliminate confusion by being explicit as to the purpose of a bottle club permit which is issued by the State, and an on-sale club license which is issued by the City. Minnesota statute requires local government consent for a State issued permit to be effective. Minnesota statute also allows local government to impose a fee of not more than $300 for this permit, in addition to the State fee of $150. The current City fee is $300. The proposed one day permit fee is $25. There currently is no one day permit provision in the City Code. , Virgil Herrick will make the presentation of this item at the Council meeting. 3A ORDINANCE NO. AN ORDINANCE TO REPEAL IN ITS ENTIRETY CHAPTER 605 OF THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA ENTITLED "INTOXICATING LIQUOR--CLUBS," AND TO ESTABLISH A NEW CHAPTER 605 ENTITLED "INTOXICATING LIQUOR--BOTTLE CLUB PERMIT" AND AMENDING CHAPTER 11, "GENERAL PROVISIONS & FEES" The Council of the City of Fridley does ordain as follows: 605.01 DEFINITIONS The definitions delineated in Minnesota State Statute 340A relating to liquor laws are adopted by reference. 605.02 PERMIT REQUIRED No business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the State of Minnesota. 605.03 ELIGIBILITY FOR PERMIT The City may approve a State permit under this section only to: 1. An applicant who has not, within five years prior to the application, been convicted of a felony or of violating any provision of Minnesota State Statute 340A, or for violating any provision of Fridley City Code relating to liquor or non- intoxicating malt liquor. 2. A restaurant. 3. A hotel. 4. An establishment licensed for the sale of non-intoxicating malt liquor. 5. A resort. 6. A club that does not hold an on-sale into�cicating liquor license. 605.04 CONSUMPTION AND DISPLAY ONLY A permit issued under this section authorizes the establishment to permit the consumption and display of intoxicating liquor on the premises. The permit does not authorize the sale of intoxicating liquor. � ORDINANCE NO. Page 2 605.05 PERMIT FEES - EXPIRATION The permit fees shall be the maximum allowed 340A as provided in Chapter il of this code. issued under this Chapter e�ire on June 30 605.06 INSPECTION in Minnesota Statute All annual poermits of each year. An establishment holding a permit under this section is open for inspection by peace Officers who may enter and inspect any time the premises are occupied. Intoxicating liquor sold, served, or displayed in violation of law may be seized and disposed. 605.07 LOCKERS A club issued a permit under this Chapter may allow members to bring and keep a personal supply of bottles kept in lockers on the club's premises. All bottles kept on the premises must have attached to it a label signed by the member. No person under 21 years of age may keep a supply of intoxicating liquor on club premises. 605.08 ONE DAY PERMIT The City may issue a one day permit for the consumption and display of intoxicating liquor under this Chapter to a non-profit organization in conjunction with a social activity in the City Sponsored by the organization. The permit must also be approved by the State of Minnesota and is valid only for the day indicated on the permit. 605.09 REGULATIONS BY REFERENCE Regulations delineated in Chapter 606 of this code entitled "Intoxicating Liquors--On-Sale Club", relating to application, bonds, liability insurance, granting of licenses, conditions, hours of operation, prohibited sales, conduct prohibited, revocation and penalties, are adopted by reference. ORDINANCE NO. Page 3 PASSED AND ADOPTED BY THE CITY OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. 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E Q�,� �,�.� �� ; ��c3rs�c� � U � c W °c ° � a v e�i � �� e� e � �� ; . -�s '� V O 5 ¢ W F Z W U �W Q < m U � � _ �m � ° e i �� 4E 4F � s cinroF F�� DATE: TO: C011/LMIINITY DEVELOPMENT DEPARTMENT MEMORANDLiM September 13, 1990 ��- William Burns, City Manager�� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Resolution Approving a Plat Request, P.S. #90- 03, by Fridley Business Center Partnership Attached is the resolution approving the plat request, P.S. #90-03 for the Northco Third Addition. Staff recommends that the City Council approve the resolution. 1�'I/dn M-90-661 5 RESOLUTION NO. - 1990 A RESOLUTION APPROVING PLAT, P.S. #90-03, NORTHCO BUSINESS PARK THIRD ADDITION WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #90-03, on August 22, 1990, and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their September 17, 1990 Council meeting and approved the Plat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #90-03, Northco Business Park Third Addition, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Sunde Land Surveying Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK ��1 L 5B Exhibit A Resolution No. - 1990 Page 2 1. Cross parking easements shall be recorded against Lot 2, Block 1, Northco Third Addition, and the Carter Day property to the east (Lot 7, Block 2, Northco Business Park). 2. A park dedication fee of $.023 per square foot shall be paid at the time of building permit. l'J CITY OF FRIDLEY CATV ADVISORY COI+II�SISSION MESTING, AIIGIIST 16, 1990 CALL TO ORDER• Chairperson Stouffer called the August 16, 1990, CATV Advisory Commission meeting to order at 7:05 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Ralph Stouffer, Robert Scott, Duane Peterson Barbara Hughes, Burt Weaver Clyde Moravetz, City of Fridley Mark Hammerstrom, Nortel Cable APPROVAL OF APRIL 19 1990 CATV ADVISORY COMMISSION MINUTES: MOTION by Mr. Scott, seconded by Mr. Peterson, to approve the April 16, 1990, CATV Advisory Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPER60N STOIIFFER DECLARED THE MOTION CARRIED IINANIMOUSLY. APPROVAL OF AGENDA: Mr. Moravetz stated that Item I. H., Other Nortel Updates, should include the Better Business Bureau letter dated May 4, 1990, received in the agenda packet regarding complaints. Mr. Moravetz stated, under III. A. Second Quarter Report to City, includes statistics and the financial report of the second quarter which was included in the agenda packet. Mr. Moravetz stated that a tour of the Nortel facility was scheduled following the meeting. With just a quorum present, the C�mmission was asked if they wished to reschedule the tour for the next scheduled meeting on October 18th. The Commission discussed and agreed to schedule the tour of the Nortel facilities for the next meeting. MOTION by Mr. Peterson, seconded by Mr. Scott, to approve the agenda as amended. IIPON A DOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. . ' CATV ADVI80RY COMMISSION MEETING, AIIGIIST 16. 1990 PAGE 2 I. NORTEL CABLE REPORTS: A. Second Quarter Operations Update Mr. Hammerstrom stated it has been a quiet summer. The number of basic subscribers has been stable. There was a little fall off at the end of summer. Pays have also fallen off. The pay-per-view has continued to do well. There is evidence for fall-off after the start of a service. B. Second Quarter Franchise Fee MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the Second Quarter Franchise Fee. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BTOIIFFER DECLARED T8E MOTION CARRIED IINANIMOUBLY. C. Channel Line-up Changes Mr. Stouffer stated he had recently watched a popular movie on pay-per-view at a cost of $2.99, and asked if this would be done again. Mr. Hammerstrom stated this has been very popular. One movie, Baker Brothers, was a special test by Paramount Films and did very well. Over 2,000 pay-per-views were sold that month alone. Paramount is getting very flexible with cable stations. If a movie does not do well at the box office, it may do better on pay-per-view. Mr. Peterson stated a convincing factor was that for a small difference in price a customer can view a movie at home without the inconvenience of having to drive to pick up and return a rented movie. Mr. Moravetz asked what other suppliers are there for pay-per-view movies. Mr. Hammerstrom stated just about every studio has movies available, but perhaps the worst at this time is Warner who keeps their minimum license fees high and keeps the cost high. Pay-per-view is still small enough that Warner doesn't really care that much. They may find that other studios have better pay rates and they may eventually go along. MOTION by Mr. Scott, seconded by Mr. Peterson, to received the Channel Line-up Changes dated April 30, 1990. . = CATV ADVISORY COMMIBBION MEETING. AIIGIIST 16. 1990 PAGE 3 IIPON A VOICE VOT$, ALL VOTINa AYE, CSAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. D. Notification of Rebuild Completion (Inc. Emergency Override) Dated 5/15/90 Mr. Hammerstrom stated the system is now complete. The Commission will be receiving documentation quoting that fact. � The Emergency Alert is in place. The cable in back of the building is gone. The pictures seen from City Hall are coming back through the Nortel facility through I-NET which should result in a clearer picture. MOTION by Mr. Scott, seconded by Mr. Peterson, to received the Notification of Rebuild Completion dated 5- 15-90. UPON A VOICE VOTE, ALL 90TING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOUSLY. E. Installation Rate Increase Dated 6-13-90 Mr. Scott asked how wise it is to boost the installation rate and if it would be more beneficial to perhaps hook up someone at a loss in order to have new customers. Mr. Hammerstrom stated the charge of $49.95 is approxi- mately the cost of installation. When Nortel had discounts and promotions for less, these would tend to make the installation lose its value. Nortel tried to establish a value to what is being provided. The company will continue to run promotions in the future for less than this amount. Mr. Peterson asked if there were many requests for seasonal disconnections. Mr. Hammerstrom stated that surprisingly the number of people requesting a seasonal disconnect is rather small. People are leaving cable connected. MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the Installation Rate Increase dated 6-13-90. QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. F. Goodwill Games Memo Dated 6-15-90 Mr. Hammerstrom stated Nortel did not carry the Goodwill Games for reasons as stated in their memo. Nortel had minor reaction with about 300 calls from all three sc CATV ADVI80RY COMMISSION MEETING. AIIGIIST 16. 1990 PAGE 4 systems. Less than 100 of these calls were complaints. Nortel did run the regular TNT feed so there was no interruption in programming. OM TION by Mr. Scott, seconded by Mr. Peterson, to received the Goodwill Games Memo dated 6-15-90. IIPON A VOZCE VOTE� ALL VOTING AYE� CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. G. Subscriber Survey Results Dated 6-18-90 Mr. Hammerstrom reviewed the results of the survey. They talked about the PSN (Prime Sports Network) . Very little is available from the Midwest Sports Channel, and Nortel is not programming through them. Nortel did make some modifications to the weather channel to feature weather radar and enhancements. With the shift in format, Nortel did receive a number of calls. These calls are going down as people adjust to the new format. Mr. Scott stated he liked the changes and had no problems with them. He was perplexed by the government access and complaints about picture quality. Where are they coming f rom? Mr. Hammerstrom stated the survey is good and can give one a relative feel for what is across the system. Those in the survey that indicated they had problems were generally from the re-build. Those customers were called right away and staff went right out to fix any problems. He thought it was very beneficial to root out existing problems. Mr. Scott asked if the problem of quality is from the area of the street to the house. Mr. Hammerstrom stated typically this is true. It is ironic that a system can be built from the ground up, but a small nick in the cable or if the cable is close to another cable, there can be a poor quality or double picture. The signals from a neighboring cable system are very strong in the City of Fridley and can cause picture problems. Most of the problems should have been taken care of. Mr. Moravetz referred to page 3 of the survey. He asked that there be a classification added between "Rarely Watch" (once or twice per week) and "Never Watch". On channels such as the government channel or public access, there are persons who may watch a City Council meeting three or four times a year when items may affect their . � CATV ADVI80RY COMMISSION MEETING, AUGIIST 16, 1990 PAGE 5 neighborhood. There may also be parents who would watch their children's activities two or three times a year. If looking at Channels 31 and 33 under the columns "Always" and "Sometimes", this accounts for less than 1�. Under "Rarely View", it is 22$ for government access and 23� for public access. There must be a better way to measure. Mr. Moravetz asked that this be noted for further discussion at the first quarter meeting for next year. Mr. Scott asked if it would help to leave out the descriptives. Mr. Stouffer stated these were originally included to provide consistency. He suggested leaving the numbers in but changing the frequency. Mr. Stouffer requested that there be added a Total Column for calculating percentages. Mr. Hammerstrom stated he would add a column for percentage figures. Mr. Moravetz stated he felt there is a discrepancy between the information on page 4, item 2, where 88� of the respondents gave a rating Satisfactory or better; and page 9, at the bottom of the page, where 52$ responded that concerns were rated Poor or Never Resolved. He thought this was interesting. Mr. Scott stated he saw no correlation between the two because the first dealt with programming and the second dealt with service. Mr. Peterson stated that over half the concerns included billing, sales and programming. Mr. Moravetz stated he would like to see this made tighter. Mr. Hammerstrom stated he did not know if he wanted to do that. He wants to get response on what may be controllable. Mr. Moravetz stated, on page 11, 85� rates the company overall satisfactory or better. He thought that some of the issues not resolved would come into play here. Mr. Hammerstrom stated that on page 9, ld, the last column is the percent of total responses based on 219. The first number is the actual number in each category of those who actually called. 6E CATV ADVISORY COMMISSION MEETING. AIIQUST 16, 1990 PAGB 6 Mr. Stouffer felt the comments provided were very interesting. He asked about the problems experienced during the Rolling Stones concert. Mr. Hammerstrom stated there were problems with the originator during the concert. The comments provided gives the company a good idea of what is on people's minds, and some of the problems mentioned are controllable. The problems with the converters is something that cannot be easily solved. Mr. Stouffer asked if comments were similar from surveys done in the other cities. Mr. Hammerstrom stated that MSC had more comments in Bloomington. Mr. Moravetz asked if the same survey was used. Mr. Hammerstrom stated it was the same survey with some minor variations. Mr. Moravetz stated he would like to see the results of all the surveys for comparison purposes. He asked what Nortel's reaction was. Mr. Hammerstrom stated the results are close in all three cities. Fridley has the highest pay to basic ratio. The pay to basic numbers tend to go up as you go out of the city, with Bloomington at 45, St. Louis Park at 48, and Fridley at 53. This tends to go dawn in the city, and in the upper scale areas, tends to go up. Mr. Moravetz asked what the most surprising thing about the survey was, as compared to last year. Mr. Hammerstrom stated the survey was close to last year. He was surprised that given how close they were to rebuild that it was as high as it was. He thought it was a pretty good endorsement that 85� to 95� of the respondents felt Nortel is satisfactory. He did not know if there were many businesses that could say that these days. It is good to hear that customers are satisfied. One survey stated that half showing satisfaction is a rate of success. Mr. Stouffer asked what Nortel would concentrate on. Mr. Hammerstrom stated one area is dealing with telephone traffic during outages. He didn't know of the problem of handling the large volume of calls in a short period of time has a solution. He did not know if it is ever sF CATV ADVISORY COMMISSION MEETING, AIIGIIST 16. 1990 PAGE 7 going to go away. The best bet is simply to fix the problem as fast as possible. They respond in 15 to 30 minutes. After the St. Louis Park storm, it took two to three days to get back in business. Until the system is back up, the best bet is to take care of the problem as quickly as possible. Mr. Stouffer asked if Nortel at one time had a recording stated there was a problem with the system. Mr. Hammerstrom stated this is done periodically. Sometimes, on a hot day, NSP will go out and Nortel's standby power will go out. If it is short, they will take calls. If it is long range, they will put on a message. Mr. Scott stated he would like to see a message even if it is only for an hour. Mr. Stouffer agreed. If a message could be set up right away so that people calling in could hear it is a major problem and not their set, they would hang up. A message should be on even if it is only for a short time. Mr. Hammerstrom stated they could try to do this. Calls are easier to handle during the day. MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the Subscriber Survey Results dated 6-18-90. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIIBLY. H. Better Business Bureau Letter Dated 5-4-90 MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the Better Business Bureau Letter dated 5-4-90. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. II. FRIDLEY CABLE CONSORTIUM (FCC): A. FCC Quarterly Mi�utes of 6-27-90 Meeting MOTION by Mr. Peterson, seconded by Mr. Scott to received the FCC Quarterly Minutes of 6-27-90. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. CATV ADVISORY COMMI88ION MEETING, AIIGIIST 16. 1990 PAGE 8 III. ANOKA COUNTY COMMUNICATIONS WORKSHOP A. B. C. Second Quarter Report to City MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the Second Quarter Report to the City. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOOFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Directors Reports Dated 6-29-90 and 8-02-90 MOTION by Mr. Peterson, seaonded by Mr. Scott, to receive the Directors Reports dated 6-29-90 and 8-02-90. QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. City Staff Update on 3 in 1 Labor Day Telethon for Muscular Dystrophy Mr. Moravetz stated the 3 in 1 Labor Day Telethon will be held in conjunction with the Jerry Lewis Telethon and will begin at 12:00 noon on Sunday and run continuously until 5:00 p.m. on Monday. The professional building to the west of the Nortel building has given their parking lot for overflow parking. Acts, bands, and other displays are all lined up. Nortel has all the required permissions and approvals. The City ShowmobiZe is still pending. This was requested through the City Council and has been approved by the City. Mr. Moravetz indicated to Mr Nortel has promotions such as to use the large parking lot time. IV. OTHER BUSINESS: . Hammerstrom that, when this, Nortel may be able to the west from time to 6G A. Interconnect Related Correspondences Dated 3-14-90, 4- 10-90, 5-09-90 and 5-15-90 (2) Mr. Moravetz stated this is information concerning the interconnection of the north central system. He wanted to keep the Commission informed of discussions that have transpired to date. MOTION by Mr. Peterson, seconded by Mr. Scott, to receive correspondence concerning the Interconnect dated 3-14- 90, 4-10-90, 5-10-90 and 5-15-90. 6H CATV ADVISORY COMMI88ION MEETING, AIIGIIST 16. 1990 PAGE 9 IIPON A VOICE VOTE� ALL VOTING AY$� CHAIRPERSON BTOIIFFER DECLARED TH8 MOTION CARRIED IINANIMOIIBLY. B. Staff Updates on Community Unit Data (Form �325), CATV Annual Employment Report (Form #395-A), and Basic Signal Leakage Performance Report (Form #320). All Required by the FCC. C. Mr. Moravetz stated the above reports are required through the cable franchise and that he has copies of the reports available for review. Mr. Hammerstrom stated the Community Unit Data is to inform the FCC of what the station does and is an annual formality. The CATV Annual Employment Report involves reporting employment practices and Nortel will get a report back from the FCC. He believes they have received certification for this year. The Basic Signal Leakage Performance Report is filled ont by the company to see if the system is in compliance with the FCC regulations. The report has been filed, but he was not sure what kind of acknowledgement they would receive. NATOA lOth Annual Conference in Dearborn, Michigan, on September 9 through 12 Mr. Moravetz stated the lOth Annual Conference of the NATOA is being held in September. He is one of the charter members of the first annual conference, and will be attending the conference this year. It has been several years since he has gone to a NATOA conference. V. ADJOURNMENT• MOTION by Mr. Scott, seconded by Mr. Peterson, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BTOIIFFER DECLARED THE AOGIIST 16, 1990� CATV ADVISORY COMMISSION MEETING ADJOIIRNED AT 8:55 P.M. Respectfully submitted, l<"��t� Lavonn Cooper Recording Secretary E�gineermg Sewer Water Parks Streets � Maintenance MEMORANDUM TO. William W. Burns, City Manager ;�� PW90-360 . � � FROM: Mark A. Winson, Asst. Public Works Director /11 DATE: September 12, 1990 SIIBJECT: Change Order No. 3- Flanery Park Shelter Project No. 206 Attached is Change Order No. 3 for the Flanery Park Shelter for a net deduct in the amount of ($170.00). This change order reflects the addition of a wood sealer to the exterior portions of the building and the elimination of toilet petition and door lock sets. the City is supplying their own door lock sets that are compatible with the rest of the park system. Recommend the City Council approve Change Order No. 3 for Flanery Park Shelter Project No. 206 in the amount of ($170.00), bringing the total for this project to $79,441.00. MAW/ts Attachment 7 / � FWD�Y FOR CONCURRENCE BY THE CITY COUNCIL LICENSEB 1 1 $LECTRICAL Highland Electric, Inc. 2030 St. Clair Avenue St. Paul, MN 55105 William LaLonde ERCAVATING Groth Sewer & Water ?75 Tower Drive Hamel, MN 55340 GENERAL CONTRACTOR Western Construction Co. 4301 Highway #7 Minneapolis, MN 55416 PLIIMBING Groth Sewer & Water 775 Tower Drive Hamel, MN 55340 McQuillan Bros. Plumbing 452 Selby Avenue St. Paul, MN 55102 ROOFING Top Gun Roofing 9644 Ximines Lane Maple Grove, MN 55369 SIGN ERECTOR Kaufman Sign Company 1G3 - lst Avenue N.E. Minneapolis, MN 55413 Topline Outdoor Adv. Inc. 969 LaBore Ind. Cvurt St. Paul, MN 55110 Larry Groth Milton Chazin Bill Moore John McQuillan Bryan Shiltz Daniel Kaufman Joe Steinbach STATE OF MINN DARREL CLARK Chief Bldg Ofcl DARREL CLARK Chief Bldg Ofcl STA�E OF MINN Same DARREL CLARK Chief Bldg Ofcl DARREL CLARK Chief Bldg Ofcl Same � 11A � F�R CONCURRENCE BY THE CITY COUNCIL LICENSEB �p� � September 17, 1990 Page 1 OWNER -LOCATION OF BUILDING UNITS FEE MULT. DWELLING Floyd & Linda Ruggles 2453 E. Cowern Place N. St. Paul, NIN 55109 Jerry Dold 6110 Star Lane NE Fridley, I�IIJ 55432 Roger Meyer 7350 175th Ave. NW Anoka, MN 55303 Floyd & Linda Ruggles (same as above) CONDO Roger & Janice Challman 48 Garden Dr. Burnsville, NII�T 55337 DUPLEX Jason Schutz 13560 Poppy St. Andover, NIN 55304 Tammy & Terry Marquardt 6588 Central Ave. Fridley, MN 55432 Max Peterson 1296-29th Ave. NW New Brighton, MN 55112 Bruce Herrick 4551 Main St. NE Fridley, MN 55432 A1 Schiro 2630 Eastman Dr. New Brighton, NIlJ 55112 Jerome Dold 6110 Star Lane NE Fridley, MN 55432 7673 E. River Rd. 290 61st Ave. 1230-2-4-6 ?2nd Ave. 106 77th Way 1601 N. Innsbruck Dr. #133 7379-81 Able St. 6588-92 Central Ave. 7320-22 Evert Court 4551 Main St. 1241-43 Norton Ave. 6110-14 Star Ln. 4 36.00 3 36.00 4 36.00 4 36.00 1 12.00 1 12.00 1 12.00 2 24.00 1 12.00 2 24.00 1 12.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAUfHOUSING INSPECTOR APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR / � FOR CONCIIRRENCE HY THE CITY COIINCIL EBTIMATES • i��p�y BEPTEMBER 17 � 1990 Volk Sewer & Water 8909 Bass Creek Court Brooklyn Park, NIId 55429 Water, Sanitary Sewer & Storm Sewer Project No. 210 FINAL ESTIMATE: . . . . . . . . . . . . . . . . . $ l, 763 . 26 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, 1�IlJ 55432 Services Rendered as City Prosecuting Attorney for the Month of July, 1990 .......$ 9,038.45 Bituminous Consulting & Contracting 2456 Main Street Minneapolis, MN 55434 Street Improvement Project No. ST. 1990 - 3 Estimate No. 3 � . . . . . . . . . . . . . . . . . . $ 25, 980. 88 Karlen Construction 901 - 125th Avenue N.E. Blaine, MN 55434 Flanery Park 5helter Project No. 206 Estimate No. 4 . . . . . . . . . . . . . . . . . . $ 8, 084.18 Bruce A. Liesch Associates, Inc. 13400 - 15th Avenue North Minneapolis, MN 55441 Monitoring Wells at Commons Park Project No. 208 Partial Estimate . . . . . . . . . . . . . . . . . $ 5, 533 . 20 10-Sep-90 UPDATED FROM: Ciry of Frid{ey Engineering Division TO: Honorable Mayor and City Council City of Fridley 6431 University Avenue N.E. Fridley� Minnesota 55432 DATE: SEPTEMBER 17� 1990 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E FRIDLEY. MINNESOTA 55432 RE: ESTIMATE NO. 3 (FlNAI.� Period Ending: September 14.1990 FOR: VOLK SEWER 8� WATER 8909 BASS CREEK CT. BROOKLYN PARK, MN 55429 WATER� SANITARY SEWER � STORM SEWER PROJECT NO. 210 Project Code � 548-00-000 STS��u�r [�F W�RK 12A , , _ , < ; ,. .: ; .,: ESTIMATE UNIT Q THIS� QUANTITY . AMOUNT ,>-: .. .... : ;. ... CON7RACT ITEM > .. _ . QUANTtTY PRICE ;;'. .; UNIT. . � ESTIMATE:!; :TO OATE ; ; . TO; DATE <; PART A 6" Ductile Iron Water Pipe 55T 14.00 L.F. 0 601 S8�4i4.00 6' Hydrant Assembly w/6' Gate Valve 1 1,300.00 EA. 0 1 1�300.00 6' Gate Valve 2 350.00 EA. 0 1 350.00 6' x 6" x 6" Live Tap 1 1,000.00 EA. 0 1 1�000.00 6' x 6" Tee 2 150.00 EA. 0 2 300.00 6" - 90' Bend 1 100.00 EA. 0 1 100.00 1' Service Connection 7 105.00 EA. 0 7 735.00 1' Coppet Pipe 245 6.00 LF. 0 268 i,608.04 Drainfield Rock for Hydrants 1 10.00 C.Y. 0 1 10.00 PART B 8" PVC Sanitary Sewer 260 10.00 L.F. 0 260 2,600.00 8" x 4' Wyes 7 15.00 EA. 0 7 105.00 4" PVC ServiCe Pipe 245 6.00 LF. 0 257 1�542.00 Trench Stabitization Rock 500 10.00 TON 120 156 1,560.00 4' PVC Service Connection 7 25.00 EA. 0 7 175.00 Construct Manhote 7 128.00 L.F. 0 7 896.00 Tie into Existing Manhole 1 300.00 EA. 0 1 300.00 PART C 15" RCP Class III StOrm SeWer 210 18.00 LF. 0 240 4,320.00 15' PVC Sto�m Sewer 194 12.00 L.F. 0 194 2�328.00 Construct Catch Basin 2 500.00 EA. 0 2 1,000.00 Construct Manhofe 1 600.00 EA. 0 1 600.00 Ri ra 4 30.00 C.Y. 0 4 120.00 TOTAL 529,363.00 10-Sep-90 UPDATED Volk Sewer d� Water Page Two SUM� Originai Contract Amount Revised Co�Vact Amount Value COmpleted To Date Amount Retained (096) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE 548-00-000-42400 V00026 CERTIFICATE OF THE CONTRACTOR 531.787.00 31,787.00 29�363.00 0.00 27�599.74 $1.763.26 I hereby certify that the work performed and the materials supptied to date under the terms of the contract for this project� and all authorized changes thereto� have an actual value under the conuact of the amounts show n this estimate (and the final quantities on the final estimate are correct), and that this estimate ' ust d correct and o part f the'Amount Due is Estimate" has been received. � � gy If.� • Date Contracto�'s Autho�ized Representative (TiUej CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate� and that the contractor is entitled to payment of this estimate under the contract for refe�ence (xoject. CITY OF FRIDLEY� Date Respectfully Submitted. �ohn G. Flora� P.E. PubliC Works Di�ector 12B CITY OF FRIDLEY pIIBLIC WORICB DBPARTME�1'1' ENC�INEERING DIVZSION 6431 Oniversity Ave., N.B• Bridley, MN 55432 September 17, 1990 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manaqer 6431 University Ave., N.E. Fridley, l�i 55432 Council Members: �ERTIFICAT$ OF THE ENGINEEI3 We hereby submit the Final Estimate for Water, Sanitary Sewer & Storm Sewer Project No. 210, for Volk Sewer & Water, Inc., 8909 Bass Creek Court, Brooklyn Park, NIId, 55429. We have viewed the work under contract for the construction of WATER, SANITARY SEWER & STORM SEWER PROJECT NO. 210 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Hcnorable Body and that the one-year contractual maintenance bond commence on September 14, 1990. Respectfully submit ed, %s= • ohn G. Flora Director of Public Works Prepared Checked 12C � 12D September 17, 1990 , . . - � - • . . - �_=_ i` � • > >l= • ' • ' � • � � ��i " 1 - i_1 z.1 � ��' 1 �� ? Y `l�(` 1 1 � ` � .1 � l We, the undersigned, have inspected the above-mentioned p�o��c� and find that the work re.quired by the contract is substantially complete in conformity with the plans and specifications of the proj ect . All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the - attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that beinq Sevtembe� Inc. ��,P,� �, �'f'i -�(% o--�,Je , t�R E s � c�� NT Randy Volk, President .- Volk Sewer & Water, September 17, 1990 City of Fridley WATER, SANITARY SEWER & STORM SEWER PROJECT NO. 210 _ �. �� . � This is to certify that items o! the work shown in tha statement of work certified herein havo been actually �urnished and done tor the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $29,363.00 and the final payment of $1,763.Z6 for the improvement project would cover in full, the contractor's claims aqainst the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this atatement is just and correct. VOI.� SEWEA i W]�T$�, IiiC. , l�.'..£�.�`� t., � . ��p--�� Randy Volk, President 12E