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01/28/1991 - 5090OFFICIIlL CITY COIIpCIL ]►GS�D�i COIINCIL KEBTINa J1�TQl1RY Z8, 1991 �� �� FRIDLEY CITY COIINCIL MEETING . ATTENDENCE SHEET Monday Jan.uary 28, 1991 '�:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER • � h� j�le,r� 4'n� a. �' f��.,!` UGt �" �� � � / v � � � O/� �� �0.55 i� �� �' K�p„�aJ� a�e (- K vs c.:, w, c,F, - �} �' +� �( � � a r!� S� r./ FRIDLEY CiTY COIIrTCIL 1�EETING OF JANUARY 28, 1991 Paqe 2 OLD BIISINE88: Appointment to the Appeals Commission . . . . . . . . . . 1 NEW BIISINESS: Receive the Minutes of the Planning Commission Meeting of January 9, 1991: . . . . . . . . . 2 - 2000 A. Establish a Public Hearing for February il, 1991, on an Ordinance Regulating Sexually Oriented Businesses ............... 2 - 2K ............... 2V - 2MM B. Establish a Public Hearing for February 11, 1991, on a Zoning Ordinance Amendment to Permit Sexually Oriented Businesses in the C-2, General Business, and C-3, General Shopping Center Districts, as a Permitted Use, and as a Special Use in the M-1, Light Industrial, and M-2, Heavy Industrial Districts ........ 2L - 2M ........ 2NN - 2Q4 C. Establish a Public Hearing for February 11, 1991, on a Rezoning Request, ZOA #90-06, by Crysteel Truck Equipment, to Rezone Property from M-1, Light Industrial, to C-2, General Business, Generally Located at 1130 - 73rd Avenue N.E. .......... 2M - 2Q .......... 2RR - 2000 FRIDLEY CITY COIINCIL MEETING OF JANUARY 28, 1991 Paqe 3 NEW BIIBIN888 (CONTINIIED): Receive an Item from the Appeals Commission Meeting of January 8, 1991: . . . . . . . . . 3 - 3N A. Variance Request, VAR #90-33, by Insurance Mart/Two P.C. Partnership, to Allow a Free-Standing Sign of 48 Square Feet in a R-3, General Multiple Family Zoning District; to Allow Wall Signs Using the Formula Fifteen Times the Square Root of the Wall Length; to Construct a Free-Standing Sign 7 Feet in Height; to Reduce the Setback (From the Property Line) of a Free- Standing Sign from 10 Feet to 4.9 Feet; to Allow the Construction of a Free- Standing Sign and Wall Signage at 6875 Highway 65 N.E. Approval of Purchase Agreement for Property located at 7899 Broad Avenue N.E. (Riverview Heights) . . . . . . . . . . . . 4 - 4G Resolution Approving the Purchase of Real Estate Located at 6132 Central Avenue N . E . . . . . . . . . . . . . . . . . . . 5 - 5E FRIDLEY CITY COIINCIL MEETING OF JANIIARY 28, 1991 Paqe 4 NEW BUSINESS (CONTINIIED): Motion to Approve the Advertisement for Bids for One Skid-Steer Loader and Cold Planer ldentified in the 1991 Public Works Maintenance Capital Outlay Budget . . . . . . . . . . . . . . . . . . 6 - 6A Motion to Approve the Advertisement for Bids for the Tree Removal Contract Identified in the 1991 Public Works Maintenance Budget . . . . . . . . . . . . . . . . . . . 7 - 7A Receive Bids and Award Contract for Well No. 12 Booster Station Project No. 216 . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8B Change Order No. 2 for New Fire Apparatus . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9B Approval of Agreement with MnDOT for the Installation of the Emergency Vehicle Pre-Emption (Opticom) System . . . . . . . . . . . . . . . . . . . . 10 - 10J FRIDLEY CITY COIINCIL MEETINa OF JANIIARY 28, 1991 Paqe 5 NEW BOSIN88B (CONTINIIED): Resolution Requesting the State � of Minnesota Maintain S.C.O.R.E. Funding as Originally Prescribed by the Legislature . . . . . . . . . . . . . . . . . . . 11 - 11B Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids; Corridor Maintenance Project No. 217 . . . . . . . . . . . . . . . 12 - 12B Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids; Lake Pointe Development Maintenance Proj ect No . 218 . . . . . . . . . . . . . . . . . . . . . 13 - 23 B Resolution Establishing Municipal State Aid Streets . . . . . . . . . . . . . . . . . . . . 14 - 14B Resolution Supporting the Improvements of S.P. 0207-54 (T.H. 65 from 45th Avenue N.E. to I-694) in Columbia Heights and Fridley Street Improvement Project No. ST. I990 - 5 . . . . . . . . . . . . . . . . 15 - 15A FRIDLEY CITY COIINCIL 1d8ETING OF JANIIARY 28, 1991 Paqe 6 NEW BIISINE88 (CONTINIIED)s City Employee Appointment . . . . . . . . . . . . . . . . 16 Informal Status Reports . . . . . . . . . . . . . . . . . 17 Claims . . . . . . . . . . . . . . . . . . . . . . . . . 18 Licenses . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19A Estimates . . . . . . . . . . . . . . . . . . . . . . . . 20 ADJOIIRN: THS ILINOT$8 OF T8$ FRIDI.$Y CITY CODNCIL 1�i8$TIN�i OF Jl1iiQARY 7 � l9 91 THE MINtJT$S OF THE REQIILAR l[BETINQ OF THE FRIDL$Y CITY COIINCIL OF JANIIARY 7. 1991 The Reqular Meeting of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledqe of Allegiance to the Flag. � ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None APPROVAL OF MINUTES: SOUNCIL MEETING, DECEMBER 17, 1990: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. 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 Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PLA4UE - FRIDLEY HIGH SCHOOL FOOTBALL TEAM: Mayor Nee stated that early this evening the Council attended a celebration at School District 14 in honor of the School District's Football Team who won the State Championship. He stated that a plaque was presented to the City for display in the trophy case which he accepted on behalf of the City. He expressed his congratulations to the team and coaches. Councilwoman Jorgenson stated that winning the State Championship was a very fine effort on behalf of the students, staff, and coaches. pPEN FORUM, VISITORS: There was no response from the audience under this item of business. �RIDLSY CITY COIINCIL MEBTINQ OF Jl�TUARY 7. 1991 PAGE 2 �IJBLIC HEARING: 1. I2�GISTERED LAND SURVEY. P.S. #90-06. BY GLACIER PARK COMPANY. �O REPLAT THAT PART OF LOTS 2 AND 3. AUDITOR'S SUBDIVISION NO. 78, ANOKA COUNTY. MINNESOTA. GENERALLY LOCATED NORTH OF I-694 $ND WEST OF MAIN STREET N.E.: MOTION by Councilman Fit2patrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:37 p.m. Ms. Dacy, Community Development Director, stated that this property is located at the northwest corner of the intersection where Main Street and I-694 cross. She stated that the property is zoned C-2 and M-2 and surrounding properties to the north, west, and south are zoned M-2, with C-3 2oning to the east. Ms. Dacy stated that the property is currently vacant, and the Minnesota Department of Transportation has used this property to pile their construction debris from the I-694 reconstruction project. Ms. Dacy stated it is proposed that the property be subdivided into four tracts. She stated that Tract A would meet the minimum acreage area requirement of the M-2 zoning district and the 150 foot lot width requirement. She stated that Tract B will be reserved for the Burlington Northern rail yards, and Tract C could be used by the railroad at some future date for private access to Tract B, but is not a buildable lot. She stated that Tract D will be dedicated to the City for right-of-way for Main Street which would allow a future Anoka County road improvement project. Ms. Dacy stated that the Planning Commission recommended approval of this registered land survey with four stipulations, which she outlined as found on Page iC of the Council's agenda booklet. She stated that a resolution approving this registered land survey is on the Council's agenda for consideration at this meeting. No persons in the audience spoke reqarding this proposed registered land survey. MOTION by Councilman Fitzpatrick to close the public hearing. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:40 p.m. 1rRIDLEY CITY COIINCIL I[EETI�Ta Ol� J�NIIl�RY 7. 1991 PAGE 3 OLD BUSINESS: 2. ORDINANCE NO. 964 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 30, ENTITLED "CHARITABLE GAMBLING." BY RENAMING THE CHAPTER "LAWFUL GAMBLING" AND AMENDING SECTION 30.03 kND SECTION 30•04: MOTION by Councilman Schneider to waive the second readinq of Ordinance No. 964 and adopt it on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. SPECIAL USE PERMIT, SP #90-08, BY JOHN BABINSKI, TO ALLOW EXTERIOR STORAGE OF MATERIALS ON LOTS 1 THROUGH 20. CENTRAL AVENUE ADDITION, GENERALLY LOCATED AT 1290 73RD AVENUE N.E. jDENIED 12/17j90): MOTION by Councilman Schneider to reconsider Special Use Permit, SP #90-08, by John Babinski. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that this parcel is located in the southwest corner of 73rd Avenue and Old Central and is zoned M-1 and surrounded by industrial zoning. She stated that the request for a special use permit was initiated as a result of the City's code enforcement efforts in that area. She stated that there was an old school bus and other large vehicles parked in front of the buildinq, the rear yard storage area was not screened, and a number of violations to the City's exterior storage requirements existed. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with five stipulations. She stated that the Planning Commission was very adamant in that they wanted the petitioner to clean the site as much as possible prior to the Council's consideration of this special use permit. She stated that staff was concerned if there were any materials stored that are not related to the business. Ms. Dacy stated that the petitioner has indicated there are two vehicles which eventually may be removed to another site. She stated that the materials stored in the chain link fence area are exceeding the allowable height, and the petitioner was advised that they should conform to the code requirement. Ms. Dacy reviewed the five stipulations recommended by the Planning Commission and stated the petitioner has complied with two stipulations pertaining to re-slatting of the existing storage fence and installation of the eiqht foot fence and boulevard trees. She stated staff's recommendation is that the special use permit be approved, without Stipulations 3 and 4, as the petitioner has tRIDLBY CITY_ COIINCIL IL88TI�T4 OF J71NII11RY 7, 1991 P7�aB 4 already complied, and to add to Stipulation 1 that the heiqht of the materials stored in the storaqe area be kept below the height of the fence. Ms. Dacy presented photos of the site showinq how it has been screened and cleaned up since this spring. She stated that another ftem which may continue to be a problem is the dumpster. Councilman Schneider asked if the dumpster is usually outside. Mr. Kraemer, representinq the petitioner, Mr. Babinski, stated that about half the time the dumpster is inside the buildinq. Mr. Kraemer stated that he wished to apologize for the misunderstanding for not appearing at the Council�s last meeting. He stated that it was felt since they complied with the Planning Commission recommendations, it was not necessary for them to attend the Council meeting. Mr. Kraemer stated that at the last Council meeting there was discussion about snow plowing and that their trucks were out in the street. He stated that at no time were their trucks in the street hindering the snow plows. He stated that they have not moved any trucks outside their area since November. Councilman Schneider asked Mr. Kraemer why it was necessary to keep two vehicles in the front parking lot. Mr. Kraemer stated that they have a vandalism problem, and they have had the police there three times within the last month. Mayor Nee asked if the back area was fenced. Mr. Kraemer stated that the area where they keep their flat bed trucks is not fenced, and it probably would not work to fence the area because it would make access to the loading docks difficult for the trucks. Ms. Dacy stated that if the area was fenced Onan would have to participate, and a joint security system would be needed. Mr. Hill, Public Safety Director, stated that he was not aware of the vandalism problem at this site but would check and submit some recommendations. Councilman Schneider suqgested that perhaps Mr. Kraemer should work with the Police Department for several months to see if this can be brought under control. MOTION by Councilman Schneider to grant Special Use Permit, SP #90-08, with the following stipulations: (i) That the existing storage area shall be cleaned of materials not directly related to FRIDLEY CITY COIINCIL l[ELTINa OF JAiTQlIRY 7. 1991 PAQB 5 the retail lumber and contractinq business and shall be used to store only heavy equipment and materials directly related to the retail lumber and contractinq business. Further, that the heiqht of all exterior storaqe materials shall be below the top of the chain link fence; (2) Flat bed trailers shall be allowed to be stored outside the storage area in the rear yard at the loading docks; (3) The special use permit shall be reviewed by the City Council in one year and�by staff annually thereafter; (4) If an outside dumpster is used, it shall be screened from public view; and (5) The petitioner shall work with the Police Department's Crime Prevention Bureau relative to vandalism and, if a solution is not identified, the petitioner shall come back to the Council in three months to consider allowinq etoraqe of vehicles in front of the property. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: �iDMINISTRATION OF OATH OF OFFICE TO COUNCILMEMBERS STEVE BILLINGS, AND EDWARD FITZPATRICK: Ms. Haapala, City Clerk, administered the Oath of Office to Councilmembers Steve Billings and Edward Fitzpatrick, who were re- elected to the City Council. Councilman Fitzpatrick thanked the voters of his ward who continued to support him and stated that he would try to do what is best for Fridley. 4. RESOLUTION NO. 1-1991 APPROVING REGISTERED LAND SURVEY. P.S. 90-06: MOTION by Councilman Fitzpatrick to adopt Resolution No. 1-1991, with the four stipulations attached as Exhibit A. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION NO. 2-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE LIONS CLUB OF FRIDLEY FOR GEORGE'S LOUNGE AND RESTAURANT, INC.: Mr. Pribyl, Finance Director stated that, as required by State statute, different organizations in the City which are involved in charitable gambling activities need to have a resolution by the Council approving the license prior to approval by the State. He stated that the Lions club is applyinq for a premise permit for George's Lounge and Restaurant. MOTION by Councilman Fitzpatrick to adopt Resolution No. 2-1991. Seconded by Councilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. �RIDLSY CITY �OIINCIL l[EBTING OF Jl1NQllRY ?. 1991 PAG$ 6 6. RESOLUTION NO. 3-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR THE LIONS CLUB 4F FRIDLEY FOR MAPLE LANES: MOTION by Councilwoman Jorqenson to adopt Resolution No. 3-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ?. RESOLUTION NO. 4-1991 IN SUPPORT OF A MINNESOTA LAWFUL �AMBLING APPLICATION FOR EXEMPTION FORM LAWFUL GAMBLING L�CENSE TO THE FRIDLEY CHAMBER OF COrII�iERCE: Mr. Pribyl, Finance Director, stated that this license is for a one day event held by the Chamber of Commerce for a raffle type activity on February 1, 1991. MOTION by Councilman Fitzpatrick to adopt Resolution No. 4-1991. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 8. A�PROVAL OF AGREEMENTS FOR REFERENDUM RETURNS TO INDEPENDENT SCHOOL DISTRICT NOS. 11, 13, 14 AND 16: Mr. Pribyl, Finance Director, stated that these agreements were presented to the Housinq & Redevelopment Authority last month. He stated that this is one of the larqest amounts that the HRA has dealt with over the last several years. He stated that the total estimated 1991 return was $268,950, and they would actually be returning $201,866. Mr. Pribyl stated that the HRA had a concern about placing a cap under what were discretionary type levies. He stated that the HRA came up with a maximum cap of $200, 000 and the amount should be prorated based on the total dollars that could be returned. He stated that the aqreements are structured the same as past aqreements, but there is a paragraph added that places a limit on the maximum amount of levy that could be returned. Mr. Pribyl stated that School District 14 is the only district that has a mandatory return under State statute and this amount is $1,866. Mr. Jim Furgason, Chairman of the School Board for District No. 14, stated that the School District has been receiving this money from the HRA for the last three years. He stated that these are referendum monies over and above what the HRA was planning on receiving from tax increment financinq. Mr. Furqason stated that because of the formula and the cap, School District No. 14 would lose about $40,000. Mr. Furgason stated that this was not taken into consideration in their planning process, as it was felt nothing had happened that would decrease the approximately $160,000 they had anticipated. He stated that this makes their budqeting problem increase as the 1rRIDL$Y CITY COQNCIL 1L88TZNG OF J71NIIl1RY 7. 1991 PA�3$ 7 loss of $40,000 is equal to one and one-half teachers, as eighty percent of their budget fs for etaff. Mr. Furgason stated that he would like to urge the Council to allow the staffs of the echool districts �nd the HRA to discuss this further and see what could be worked out. He stated that he just heard about this as the minutes of the I�tA meetinq were just mailed, but wanted to come this eveninq to urge a little caution as far as the Gouncil takinq action until it can be studied further. Councilwoman Jorqenson Btated that she can understand the school district was anticipating the $160,000, but this was if everyone pays their taxes. She stated that there have been projects where taxes have not been paid. Mr. Furgason stated that he would agree, but going back in history, the districts are established with a certain revenue flow and those dollars were never in that revenue flow. He felt that possibly there should be discussion about the process on how tax increment financing districts are established and funded. He stated that there are taxpayers not paying and districts not developing as anticipated, but these dollars were not in the original equations. Councilman Schneider asked if the HRA is adamant about the cap, and if the Council wants something different, who has the final decision. Mr. Herrick, City Attorney, stated that he has not researched this question, but it seems to him that the monies are the HRA's and if they take a position that this would be binding. He stated that he would be happy to research this further before the Council takes action. Mr. Furgason stated that was one of the questions brought up when this was first discussed. He stated that they had legal opinians and bond counsel opinions. Mr. Pribyl stated that it was the bond counsel's opinion that the agreement had to be executed by the City Council. Councilman Schneider stated that he would assume other cities are in the same situation. Mr. Hurns, City Manager, stated that he understands Fridley is in the forefront in this area. He stated that Fridley has probably turned back a larger portion of tax increment financing monies than other cities. Mr. Pribyl stated that he thought Fridley was one of the few cities turning back tax increment financing monies. �'RIDLEY CITY COIINCIL ][BLTINa Ol� Jl1NIIl�iRY 7. 1991 PAtiB 8 Mr. Furqason stated that the School District has delayed a reierendum for one year until November, 1991, and part of that decision was because they did not anticipate any increase, but also not a decrease, in tax increment financinq monies. Councilwoman Jorgenson stated that with the economic Bituation and the recession, she anticipates more busir►esses will not pay their taxes. � Mr. Furgason stated that he would tend to aqree and believes the actions taken by the State Leqislature will impact both the City and School District. Councilman Billings felt that there are two different areas. He stated he assumes that on any parcel that is in a tax increment district, if the taxes on that parcel are delinquent and it is referendum money, that money is not turned over to the school district until it is collected from the County. iie stated the other area is that the HRA did not plan on delinquencies on property taxes and in that case, are the delinquencies which may or may not involve referendwa monies causing the HRA to be out of budget? Councilman Billings stated that if referendum money is involved and if it is collected, he questioned why the HRA would have to keep that money. He stated it was money that was not anticipated at the time the districts were established, but is included in the HRA's cash flow. He stated that it is not a free gift and the taxpayers of the school district are, in fact, paying that free qift to the HRA. Councilman Billinqs stated that out of defense of the HRA, when this was initially discussed several years aqo, it was stated the HRA would go along with the "give backs" on a temporary basis, but could not guarantee they could give the full amount all the way through. At the same time, it was his understanding they were going to enter into one-year contracts that were two years out so the school district could budget properly. He stated that for 1991, the work for 1993 should be done. He stated that he did not know what happened to that process. Councilman Billings stated that the other point is what is the Council's role. He Btated that the enabling legislation was the City Council was the body passing the resolution to return these funds. He is not sure if the Council has the right to amend this agreement. He stated that he is disappointed to see this on the aqenda because he received his HRA minutes about the same time as he received the agenda. He stated that there was never a vehicle in the State statute that allowed the HRA to give these monies back until about four years ago and felt the Legislature was at fault in not providinq it initially. He stated that he would strongly FRIDLBY CITY COIINCIL ltE$TINa OF JAIdQ3�RY 7. 1991 PAaB 9 encourage the HRA to give all the referendum monies they have collected back to the school districts. MOTION by Councilwoman Jorqenson to table this item until it is reviewed by the Housinq and Redevelopment Authority. Seconded by Councilman Billinqs. Councilman Schneider Btated that in reference to the tax defaults, the budget was prepared for the HI2A and certain assumptions were made about their projects which are not necessarily holding true. He stated that the bottom line is if the HRA does not have enough money and comes to the Council, the taxpayers will get hit. He stated that he does not think the HRA is acting improperly in that they have to look out for themselves. He stated he hoped that the problem could be resolved. Councilwoman Jorgenson stated that when this issue was first addressed several years ago, the HRA and Council were going to look at a two-year planning process for the school board, but vaguely remembers the HRA requestinq a one year process. She stated that she would like clarification on that issue in staff's report to the Council. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 9. APPROVAL OF PUBLIC SCHOOL INSPECTION AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY: Mr. Aldrich, Fire Chief, stated that this is an agrement with the State Fire Marshal's Division of the Minnesota Department of Public Safety regarding inspections. He stated that the Legislature passed a law that all public schools be inspected at least once every three years. He stated that in Fridley, the schools have been inspected every year. Mr. Aldrich stated that the agreement allows the City to conduct � the inspection and forward the results to the State so that the City is in compliance with the law. He stated that the State does make available to those who have this agreement some free training relatinq to the codes and regulations that apply in these areas. Mr. Aldrich stated that he would recommend the City enter into this agreement and take advantage of the training sessions that are available. MOTION by Councilman Schneider to authorize the City entering into this agreement with the Department of Public Safety, Fire Marshal Division. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � • �, 1: : , e • �� � � c: � � � � � ' � � ' � � • ��i_i � �� � 1� �t_:_ • � s_._. ' = s. i � � �_ � • y � � • . � � � _ . Mr. Flora, Public Works Director, etated that three bids were received for this equipment. He Btated that MacQueen Equipment, Inc. submitted the low base bid for the mower/tractor for $27,575.00 and the optional enclosed cab accessory equipment for $1,550.00 for a total bid of $29,125.00. He stated that funds have been provided in the 1990 Storm Sewer Capital Outlay Budget for purchase of this equipment, and it is recommended that Council award the bid to the low bidder, MacQueen Equipment, Inc. MOTION by Councilman Billinqs to receive the following bids for the six-wheel drive slope mower/tractor: Bidder MacQueen Equipment 595 Aldine Street St. Paul, MN 55104 KEI 3630 Munkwitz Avenue Cuhady, WI 53110 Ankeny Tract., Inc. 710 S. Ankeny Blvd. Ankeny, IA 50021 Base Bid-Slope Mower/Tractor $27,575.00 $29,500.00 $29,100.00 Options Snowblower Encl. Cab Sweeper Dozer Blade V-Blade Snowblower Encl. Cab Sweeper Dozer Blade V-Blade Snowblower Encl. Cab Sweeper Dozer Blade V-Blade $3,160 $1,550 $2,690 $1,105 S 370 $3,300 $1,700 $2,850 $1,150 S aoo $3,200 $1,700 $2,700 $1,100 $ 400 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorqenson to award the contract for the six- wheel drive slope mower/tractor to the low bidder, MacQueen Equipment in the amount of $27,575.00 plus $1,550.00 for the enclosed cab for a total of $29,125.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR ONE TRAILER- MOUNTED ROBOTIC SEWER RODDER MACHINE IDENTIFIED IN THE 1991 SANITARY SEWER CAPITAL OUTLAY BUDGET: Mr. Flora, Public Works director, stated that specifications have ' � . �� 11, 1= . f • �_:1� ._, �T���� been prepared for the 1991 Sanitary He requested that for this machine. this sewer rodder machine and funds allocated in Sewer Capital Outlay Budget for this equipment. the Council authorize staff to advertise for bids MOTION by Councilman Fitzpatrick to authorize staff to advertise for bids for one trailer-mounted robotic sewer rodder machine. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Y• • � -• 4� �� � �!�� � �� � •' i_' � • � � � � � • � MOTION by Councilman Schneider to authorize staff to advertise for bids for the repair and maintenance of Wells No. 1, 4 and 9. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 5-1991 IMPOSING LOAD LIMITS ON P�JBLIC STREETS AND HIGHWAYS IN THE CITY OF FRIDLEY. MINNESOTA: MOTION by Councilman Schneider to adopt Resolution No. 5-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14, CITY COUNCIL APPOINTMENTS TO DIFFERENT AGENCIES � �IST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL 1. 1991 �ND JUNE 9. 1991: MAYOR PRO TEM• MOTION by Councilwoman Jorgenson to nominate Councilman Schneider as Mayor Pro Tem for 1991. There were no other nominations and nominations were closed by Mayor Nee. MOTION by Councilman Fitzpatrick to cast an unanimous ballot for the appointment of Councilman Schneider as Mayor Pro Tem for 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �NOKA COUNTY LAW ENFORCEMENT COUNCIL: MOTION by Councilman Schneider to nominate Councilwoman Jorgenson as Representative to the Anoka County Law Enforcement Council. There were no other nominations and nominations were closed by Mayor Nee. 1rRIDLEY CITY COIINCIL I[EBTIiIa OF J7lbTQ71RY 7. 1991 pAa$ 12 MOTION by Councilman Schneider to cast an unanimous ballot for the appointment of Councilwoman Jorqenson as Representative to the Anoka County Law Enforcement Council. Seconded by Councilman Billinqs. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorqenson to nominate Councilman Schneider as Alternate to the Anoka County Law Enforcement Council. There were no other nominations and nominations were closed by Mayor Nee. MOTION by Councilman Fitzpatrick to cast an unanimous ballot for the appointment of Councilman Schneider as Alternate to the Anoka County Law Enforcement Council. SUBURBAN RATE AUTHORITY: MOTION by Councilwoman Jorgenson to appoint John Flora as Representative and Mark Winson as Alternate to the Suburban Rate Authority. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ASSOCIATION OF METROPOLITAN MUNICIPALITIES: MOTION by Councilman Schneider to nominate Councilman Fitzpatrick as Delegate and Councilwoman Jorgenson as Alternate to the Association of Metropolitan Municipalities. There were no other nominations and nominations were closed by Mayor Nee. MOTION by Councilman Schneider to cast an unanimous ballot for the appointment of Councilman Fitzpatrick as Delegate and Councilwoman Jorgenson as Alternate to the Association of Metropolitan Municipalities. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SCHOOL DISTRICT �14 COMMUNITY SCHOOL ADVISORY COUNCIL: MOTION by Councilman Schneider to appoint Councilwoman Jorgenson as Representative to School District #14 Community School Advisory Council. There beinq no other nominations, nominations were closed by Mayor Nee and an unanimous ballot cast for the appointment of Councilwoman Jorgenson as Representative to School District #14 Community School Advisory Council. � �� �1 �1: _ c • �_�� �� � c: �: �J� � �i � i. � i_ 1� i t MOTION by Councilman Fitzpatrick to appoint Councilman Billings as Representative and Councilwoman Jorqenson as Alternate to School District �13. There being no other nominations, nominations were closed by Mayor Nee and an unanimous ballot cast for the appointment of Councilman Billings as Representative and Councilwoman Jorqenson as Alternate to School District �13. ,��,HOOL DISTRICT �16 REPRESENTATIVE: MOTION by Councilwoman Jorgenson to appoint Councilman Schneider as Representative to School Dietrict #16. There being no other nominations, nominations were closed by Mayor Nee and an unanimous ballot cast for the appointment of Councilman Schneider as Representative to School District �16. LEAGUE OF MINNESOTA CITIES: MOTION by Councilwoman Jorgenson to appointment Councilman Fitzpatrick as Representative and Councilman Schneider as Alternate to the League of Minnesota Cities. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NORTH METRO CONVENTION & TOURISM BUREAU: MOTION by Councilman Billings to appoint William Hunt, Assistant to the City Manager, as Representative to the North Metro Convention and Tourism Bureau. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table the Commission appointments and request staff to poll members to see if they are interested in re-appointment and submit a list regarding attendance at the meetings. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 15. RF'SOLUTION NO. 6-1991 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO TIiE SUBURBAN RATE AUTHORITY: MOTION by Councilman Fitzpatrick to adopt Resolution No. 6-1991 designating John Flora as Director and Mark Winson as Alternate Director to the Suburban Rate Authority. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLBY CITY COIINCIL l[B$TI�Tt; OF Jl�iiII71RY 7. 1991 PAQE 14 16. RESOLUTION NO. 7-1991 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1991: MOTION by Councilman Schneider to adopt Resolution No. 7-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 8-1991 DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF FRIDLEY: MOTION by Councilwoman Jorqenson to adopt Resolution No. 8-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorqenson etated that she had a call from a citizen inquiring as to whether the money the City has in Fridley State Bank was insured. She stated that the City does have collateral in all funds and is fully insured so they do not have to worry about a collapse. Mr. Pribyl, Finance Director, stated that there has been a monthly review of the charges by Fridley State Bank and no changes are recommended at this time. He stated that it is very convenient to use the services of Fridley State Bank and funds can be invested on a daily basis. Councilwoman Jorgenson stated that Anoka County is reluctant to wire money and prefers to send a check. She stated that she would recommend a letter be sent to the County in regard to the possibility of wire transfer of taxes to the City's account. Mr. Pribyl stated the County, in the past, has not been open to a wire transfer. Councilman Billings stated that rather than a letter, possibly a resolution should be sent to the County Board. Mr. Pribyl felt that other cities in Anoka County would also be happy if the City passed such a resolution. 18. RESOLUTION NO. 9-1991 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON: LOT 2. BLOCK 1. NORTHCO BUSINESS ARK• . MOTION by Councilman Billings to adopt Resolution No. 9-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRID�EY C TY COIINCI 1[$BTI�iG OF J»Jl1RY ?. 1991 P�GB 15 19. ��O �j't'TON NO. 10 1991 AUTHORIZING AND DIRECTING THE �D;�ITTINGl�'OMBINATION OF SPECIAL AS�ESSMENTS ON: LOTS 3, 4. 5 AND 6 BLOCK 2 NORTHCO BUSINESS PAR�: MOTION by Councilman Fitzpatrick to adopt Resolution No. 10-1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. INFORMAL STATUS REPORTS: There were no informal status reports presented. 21. CLAIMS: MOTION by Councilman Fftzpatrick to authorize payment of Claims No. 35525 through 35753. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. �STIMATES: MOTION by Councilman Billings to approve the estimates as submitted: Iierrick & Newman 205 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, l�T 55432 Services Rendered as City Attorney for the Month of December, 1990 . . . . . . . . $ 4,590.70 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, l�T 55432 Services Rendered as City Prosecuting Attorney for the Month of October, 1990. ..$ 9,321.00 � .1� �� ��: : , c • �_�1� s " Pitt-Des Moines, Inc. 1015 Tuttle Street Des Moines, IA 50309 Construction of the 1.5 MG Elevated Water Reservoir Project No. 201 Partial Estimate . . . . . . . . . . . . . . $44,823.38 AEC Engineers & Desiqners 511 - iith Avenue South Minneapolis, 1�1 55415 Phase II- 3 MG Concrete Reservoir Repair Project No. 200 (Inspection Services) Partial Estimate . . . . . . . . . . . . . . $ Phase II - 3 MG Concrete Reservoir Repair Project No. 200 (Inspection Services) Partial Estimate . . . . . . . . . . . . . . $ Seconded by Councilman Schneider. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. • � • ��l�!��yA 138.53 762.80 all voting MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 7, 1991 adjourned at 8:59 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor 2 CITY OF FRIDLEY pLANNING COMMISSION MEETING, JANQARY 9, 1991 wN MMN N tiMN MM N�YNw ��A����MtiMwNMMNNr����MSMN�►Mw�YM�►rMr�N MM�Y�MMM��wY�YN�M CALL TO ORDER• Chairperson Betzold called the January 9, 1991, Planning Commission meeting to order at 7:40. ROLL CALL• Members Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Connie Modiq, Diane Savage, Brad Sielaff Members Absent: None Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Virgil Herrick, City Attorney David Gronbeck, 701 4th Ave., S., Suite 1440, Counsel for Fantasy House Doug Erickson, Fridley Focus Jim Kay, Crysteel Truck Equipment Terri Mau, 7343 Hayes Street N.E. Steve and Gayle Boswell, 6800 Washington Street Helen Wojciak, 6280 Able Street C. A. Halpin, 6390 Monroe Street APPROVAL OF DECEMBER 12 1990. PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to approve the December 12, 1990, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING ON AN ORDINANCE REGULATING SEXUALLY-ORIENTED BUSINESSES• MOTION by Mr. Kondrick, seconded by Ms. Modig, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED tJNANIMOIISLY AND THE PIIBLIC HEARING OPEN AT 7:35 P.M. Ms. Dacy stated that because of the location of the Fantasy House in the Moore Lake Commons shopping center, the City 2A PLANNING COMMIBSION MEETING. JANUARY 9. 1991 PAGE 2 Council directed the City Attorney's office and the Community Development Department to prepare the proposed ordinance regulating sexually oriented businesses for the Planning Commission and City Council's consideration and approval. She stated the ordinance contains the following nine sections: 1. Purpose and intent - this section clearly establishes the intent of the City of Fridley to prevent additional crime activity within the City and to prevent deterioration of neighborhoods as a result of the location of sexually oriented businesses. 2. Definitions - this section defines various types of sexually oriented uses ranging from adult book and media stores to adult novelty businesses such as the Fantasy House. 3. This section requires that any sexually oriented business cannot be constructed, altered, or enlarged for any purpose which is not in conformity with the ordinance. 4. Nonconforming uses - this section states that all sexually oriented business which were lawfully in existence at the effective date of the proposed ordinance are to be rendered nonconforming. These businesses will have three years to relocate to either a conforming location or relocate to another location outside of the City. 5. Location - this section establishes the distances that sexually oriented businesses must be from residential areas, churches, schools, and parks. Sexually oriented businesses must be 500 feet from any residential zoning district boundary and 1,000 feet from churches, schools, or parks which are adjacent to properties zoned residential. Also, no sexually oriented business can be located within 1,000 feet of another sexually oriented business. 6. Hours of operation - the hours of operation for these businesses will be limited to 8:00 a.m. to 11:00 p.m. 7. Operation - this in the windows visibility of a� right-of-way, ai the premises. section regulates viewing of inerchandise and doors, layout of display areas, :cess into the business from the public d provision of adequate illumination of 8. Signs - this section requires that proposed signs must be in conformance with the City's sign ordinance. . pLANNING COMMISSION METsTING. JANIIARY 9. �991 PAQE 3 9. Licenses - this section stipulates the requirements and procedures to obtain a license for this type of business. This section also permits the City to investigate the background of proposed sexually oriented business operators. The term of the license will be for one year only. The operator would have to renew the license 60 days prior to expiration. The ordinance also provides procedures for suspension and revocation of the license. Ms. Dacy stated the ordinance was developed by the City Attorney's office. City staff reviewed the City of St. Paul's 1987 Adult Entertainment study, the adult use findings from Phoenix, Arizona, the Adult Use study from Indianapolis, Indiana, and the State of Minnesota's Attorney General's report. Copies of these were included in the agenda. Ms. Dacy stated staff tried to summarize key and major issues from the studies. Staff believes the key findings apply to the City of Fridley. The distances established in the proposed ordinance are consistent with other communities' ordinances and also will protect the value and neighborhood quality of the areas surrounding the sexually oriented businesses. Given the relationship between sexually oriented businesses and the types of crimes, the requirements in the licensing section of the proposed ordinance to regulate the hours of operation and to provide for an annual license process and investigation process are warranted. Ms . Dacy stated that under the proposed ordinance, the Fantasy House will become a nonconforming use. Under the terms of the ordinance, the Fantasy House would have up to three years to relocate to another location. The distances required in this ordinance will permit location of sexually oriented businesses in industrial and certain commercial areas (about 4�) of the community. Ms. Dacy stated staff is recommending that the Planning Commission recommend approval of the proposed ordinance amendment regulating sexually oriented businesses. Mr. Herrick stated this ordinance was based substantially on an ordinance out of Dallas, Texas. That ordinance has been reviewed by the Federal Court System up to and including the U. S. Supreme Court. He would like to emphasize that the purpose of this proposed ordinance is to regulate the location of sexually oriented businesses, not to prohibit or prevent these businesses from locating in the City of Fridley. The courts have made it clear that any activity that is protected by the First Amendment has the right to locate within a community, and that a community must provide adequate locations for those types of businesses. 2C PLANNING COMMISSION MEBTING, JANIIARY 9. 1991 PAGE 4 Mr. Herrick stated that in one of the cases, the U. S. Supreme Court indicated that 5� of an area of a community would be sufficient; and with the limitations being sugqested in the ordinance, the areas that would qualify for the location of sexually oriented business would be approximately 5$. Mr. Herrick stated that one thing to keep in mind is that this ordinance will allow legitimate adult uses, those businesses which are not considered obscene. If there is a business that the City feels is conducting an obscene sale or business, it would be prosecuted through the use of the State Obscenity Ordinance. He stated the difficulty comes in trying to distinguish between what is a criminal activity and what is not, and that is going to be something the City might be faced with in the future. Again, this ordinance is only to limit the location of legitimate adult use businesses in the City. Mr. Betzold stated he believed this ordinance would not apply to a video store that sold off-color videos or obscene magazines. Mr. Herrick stated that if the principal operation of a video store or newsstand is the sale of adult magazines or adult movies, the ordinance would apply; and if the video store or newsstand is selling or renting movies that are for adults, but that is not the principal portion of the business, then it is the understanding of his office, and he believed of City staff, that this ordinance would not apply. Mr. Betzold stated a part of the ordinance says that no sexually oriented business can be located within 1,000 feet of another se�cually oriented business. In reading through the other materials, it seems that kind of limitation is more directed towards Minneapolis and the metro area where there is a wider area and it is easier to separate these businesses. Is this limitation too restrictive for the City of Fridley? Mr. Herrick stated he did not think so, because, as shown on the Fridley map, the areas where these businesses would be allowed are scattered throughout the City. Even with the 1,000 foot separation, there could be locations for several businesses. As near as he and his office can determine, these restrictions, both in terms of the distance that is required as far as separation, and the percentage of area in the community that would be available, do meet the court tests. Mr. Savage stated she is a Criminal Prosecutor with the Anoka County Attorney's Office. She wanted to clarify that if there was any complaint of a possible criminal violation; for example, a video that was known to be pornographic, there would be an investigation by the sheriff's office, whether it 2D PLANNING COMMISSION MEETING, JANIIARY 9. 1991 PAGE 5 was a City Attorney matter or County Attorney matter. This ordinance would have nothing to do with that kind of thing. Mr. Herrick agreed. He stated this is a zoning ordinance, not a criminal ordinance. Mr. Steve Boswell, 6800 Washington Street N.E., stated the studies listed by City staff state that adult uses in an area result in an increase in crime and a decrease in property values. Were those reports based on businesses dealing in obscenity or businesses dealing in pornography? Mr. Herrick stated the studies deal with adult sexually oriented businesses, and he did not think any of them attempted to categorize businesses as either pornographic or obscene. Ms. Terri Mau, 7343 Hayes Street N.E., stated that to say that she opposed the ordinance would not be a fair statement because it would be saying that she approves of pornography. But, as a business person, she feels very strongly about any ordinance that restricts business. To say that this type of business in the City is going to bring in more crime is not really true. Crime has been in this city long before there was a Fantasy House. They had many problems before Fantasy House. Ms. Mau stated it bothered her that the City is planning to put these businesses in certain areas. She would think these businesses could be controlled better if they were in a business district. They would be very visible and very exposed. She stated the Fantasy House has gone out of its way to make sure that minors are not allowed in the store. The Fantasy House runs just a business, and to restrict it in some ways, just because it is a sexually oriented business is, in her opinion, uncalled for. She is concerned with the fact that the City is considering passing an ordinance that puts restrictions on a certain type of business that couldn't be done to any other business, such as regulating business hours. If the City wants to restrict these types of business, that is fine, but restrict them so they are all in one place where they are visible and the police can keep track of the businesses' activities. Mr. David Gronbeck, lawyer and counsel for the Fantasy House, stated he would like to address several things about this ordinance. He stated he has not seen the Dallas, Texas, ordinance, but it seems very similar to the St. Paul ordinance. He stated he spent a lot of time litigating with St. Paul. St. Paul finally agreed with the Fantasy House's legal counsel that the ordinance did not apply to the Fantasy House--that the Fantasy House is not an adult use. That is 2E PLANNING COMMI88ION MEETING. JANUARY 9. 1991 PAGE 6 the position taken by St. Paul, Minneapolis, St. Louis Park, etc. Mr. Gronbeck stated he has a lot of questions about whether the proposed ordinance, as written, will apply to the Fantasy House in Fridley. Mr. Gronbeck stated he questioned whether it is appropriate to say that any adult use has to have opaque window covers. For example, in Minneapolis, there is a bookstore which has a lot of adult materials, but also sells baseball cards. Would the City of Fridley say that those baseball cards cannot be displayed in the window? He doubted it. He stated he questioned a section of the proposed ordinance that requires character references from residents of Anoka County. Last of all, he would question a three year abatement of any nonconforming uses. Fantasy House is the only existing nonconforming use that applies to this ordinance, so they are saying the Fantasy House has to move to an industrial area or get out of town in three years. He believed the Fantasy House has a six year lease, and he did not think that kind of provision is reasonable. Mr. Gronbeck stated the Cities of Minneapolis and St. Paul and other municipalities do not regard the Fantasy House as being governed by the adult use ordinance, and he questioned the applicability of any studies that talk about crime, etc. This is a business that has a somewhat unconventional line of merchandise, but is hardly in the category with bookstores, video parlors, and the like. It would probably be helpful for everyone to devote some more thought to the question of: What does the City of Fridley really want to regulate? Do they want to go after businesses like the Fantasy House, or do they want to attack things like the adult movie theatres, etc.? Mr. Gronbeck stated he would be glad to provide the Planning Commission with a copy of the dismissal from the City of St. Paul. Mr. Betzold stated that assuming this ordinance does not apply to the Fantasy House, how did Mr. Gronbeck feel about the wisdom or validity of having a zoning restriction for sexually oriented businesses? Mr. Gronbeck stated that again the question is: What does the City of Fridley want to regulate? The broader the scope of the ordinance, the more problems he saw. Does a business become a sexually oriented business if it has a half dozen products on the shelf that fit within the definition? If the question is a policy question, does he see a problem with regulating by location? The answer is, no, if it is otherwise reasonable. He would echo the comments made by Ms. Mau, and he had problems with saying these businesses should be located next to a factory and not in a strip mall. It didn't seem to 2F PLANNING COMMISSION MEETING. JANtTARY 9. 1991 PAQE 7 him that a business that sells some products that might be limited in use to adults in any way offends the Subway or Sears or its other neighbors. He supposed it was a different question if it was next to a daycare center. Mr. Gronbeck asked how broadly the City wanted to draw its definition of sexually oriented businesses. He stated the problem is that the� standards seem to be changing all the time. They now have every drugstore in town openly displaying and hawking products a drugstore would not have dared put on open shelves 5-10 years ago. Mr. Betzold stated Mr. Gronbeck had made the following points: (1) He did not believe the proposed ordinance applies to the Fantasy House; (2) he questioned the need for opaque windows; (3) he questioned the character references; and (3) he questioned the 3 year nonconforming issue. Mr. Gronbeck stated he believed those are the points he made. He did not take any position on whether the ordinance as a whole is constitutional or not. He was certain the City could write a constitutional ordinance, but he is much more concerned whether it even applies to the Fantasy House. If it doesn't apply, it does not matter to him. Mr. Gronbeck stated that as matter of business policy, his client does not allow minors in the store, because some of the products might not be appropriate and for shoplifting reasons. Mr. Steve Boswell, 6800 Washington Street N.E., stated he is certainly in favor of the ordinance. Quite a few people have been picketing the Fantasy House for about five months. He would like to address some of the points raised by the Fantasy House's attorney. First of all, the question about whether the Fantasy House is an adult oriented business, and they only allow adults into the Fantasy House. He did not know of any shoe stores or drug stores that limit the age of their patrons to 18 in order to solve a shoplifting issue. Mr. Boswell stated the City of St. Louis Park did prosecute the Fantasy House approximately one year ago based on a movie that was purchased at the store. The person thought it was obscene and took it to the City. The City thought it was obscene and decided to prosecute. That charge was later bargained down to the same or similar charges meaning that unless the owner tried to sell such a movie again within a period of one year and was prosecuted for it, his record would remain clean. Since then, a movie was purchased at the St. Louis Park store. The name of the movie is "Ass Masters". It was found obscene in the Ferris/Alexander trial, and the City of St. Louis Park is investigating what it will take to 2G PLANNING COMMI88ION MEETING, JANIIARY 9, 1991 PAGE 8 prosecute under that. The State Attorney General's office has urged the St. Louis Park to prosecute under obscenity charges. Frankly, the main reason there are not more prosecutions is because the first prosecution has to be financed by the City, and most cities are not willing to undergo the tens of thousands of dollars it takes to fight the "porn" attorneys. So, no one can say the Fantasy House has an extremely clean record. Mr. Boswell stated one of the items they purchased at the Fantasy House for purposes of prosecution under obscenity was an item called the T-15 Trainer. It is harness that fits around a woman's head and forces a rubber ball into her mouth. There are hooks on the side of the harness and the directions on the harness say that the purpose is to bind the "slave" and to force the ball deep into her mouth. Mr. Boswell stated he would like to describe a few of the things that are sold at the Fantasy House, and the Commission members could decide whether or not they thought it is an adult oriented business. Besides the T-15 Trainer, there are chains and whips, some of them with descriptions for rape and simulated rape, movies such as the one found at the St. Louis Park store and found obscene in the Ferris/Alexander trial; also nighties and lotions. He stated they are not complaining about the nighties and lotions; it is all the other things the store sells, and they definitely believe this is an adult oriented business. Mr. Boswell stated that as far as visibility and location of the store, in its present location, he knows minors have been in the store who have not been carded. He knows that because he has spent hundreds of hours picketing the store, and he has watched people go into the store. Some are carded; but he would assume that many are not carded. One evening he observed some teenage boys holding up a video camera and taking pictures inside of the store. Because of its present location, the store is very accessible to this kind of thing. It is very important to get that type of business out of a family shopping center. Mr. Boswell stated that in December he presented the City Council with a petition of 2,200 signatures gathered from residents of Fridley and people who work and shop in Fridley. There were three main points on the petition: (1) urging the City to pass a stronger obscenity statute, particularly to get rid of the torture devices being used for rape and simulated rape (2) urging the City to pass a zoning ordinance; (3) a directive to the State of Minnesota for a stronger obscenity statute. 2H pLANNING COMMISSION MESTING. JANQARY 9. 1991 PAGE 9 Mr. Boswell stated he would like to refer to a couple of things in the proposed ordinance. He referred to 2.A (under Definitions): "Adult Book and Media Store: An establishment having as a substantial portion of its stock in trade or stock on display books, magazines, films, videotape, or other media which are characterized by their emphasis on matter depicting, describing, or relating to 'Specified Sexual Activities' or 'Specified Anatomical areas'." Mr. Boswell stated that, as he understood that, that means that if there is a store the size of K-Mart, they could have only 25� of their business in this type of adult materials, and it would not be considered substantial. The meaning is a little vague, and the Commission might want to take a look at it. Adult materials cannot be viewed by children and in an area that is zoned for family businesses, a business should probably be considered an adult business based on the fact that there is more than one item, rather than requiring a "substantial" amount of items. He also suggested the Commission change the heading to "Adult Book and or Media Store". Mr. Boswell stated he questioned Section 7.0 under Operation. He did not know if Section C referred to the covering of the windows or not. Mr. Boswell stated they are definitely in favor of this ordinance. There has never been a City that has had a decrease in the crime rate after a porn shop has moved in. The space next to Fantasy House has been vacant since the Fantasy House moved in, and he doubted a business would be moving in very soon. All other cities have shown that there is a definite link between adult oriented businesses and the type of clientele they draw and the crime rate. While there may have been crime in Fridley before Fridley had pornography, they can be sure that it will increase because of it. He stated they are urging the Planning Commission to recommend approval of this zoning ordinance amendment. Ms. Gayle Boswell, 6800 Washington Street N.E., stated she has also picketed for many hours in front of the Fantasy House, and thought she was pretty knowledgeable about the people who go in and out. They have seen many minors go in. This is a family mall and not an appropriate place for the Fantasy House. She stated she works for the school district and is around a lot of teenagers. Since the Fantasy House opened, there has been a lot of teasing and joking about the Fantasy House. She knows some of those kids have been in the Fantasy House, even if it is to walk in and get carded and walk out. That concerns her very much because of what the teenagers see when they walk in. Morning walkers have picked 21 PLANNINa COMMISSION ME$TING JANUARY 9 1991 PAGE 10 up some very nasty trash left by people who have shopped at the Fantasy House. Ms. Boswell stated that regarding the opaque windows, right now the Fantasy House has curtains in front of the windows. There has been many times when it has been easy to see through those windows. Children do not need to see the things in this store and be confused by them. Let's take it out of the family area where there are children, because it is too accessible to the children. Mr. Gronbeck stated his client tells him that minors are typically carded and not permitted inside. He stated the City has a very interesting ordinance. If they make an adult use the sale of any product that fits within the definition, they will have to license every drugstore in town. He is unconvinced that the ordinance, as drafted, would apply to the Fantasy House. Mr. Betzold asked Mr. Gronbeck if he had any information about the prosecution of the Fantasy House in St. Louis Park. Mr. Gronbeck stated he was unaware of any prosecutions of that sort, as he was not representing the Fantasy House at that time. He stated he will be happy to check into it and provide City staff and the City attorney with that information, as well as the dismissal of the St. Paul ordinance. Ms. Helen Wojciak, 6280 Able Street N.E., stated she also pickets the Fantasy House. She hoped the Planning Commission members have visited the Fantasy House to see what it is really like. The people who go there are people not normally seen in this neighborhood. These are the people being drawn to this area by the Fantasy House. It isn't until a child is raped or something terrible happens in this neighborhood that someone will do something about it. They want something done before anything happens. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:35 P.M. Mr. Betzold asked the Commissioners if they wished to make any changes to Section 9.1.D regarding the fact that the application for license shall contain names, addresses, and telephone numbers of two persons who shall be residents of Anoka County. 2J PLANNING CO�ISSION MEETING. JPiNUARY 9. t991 PAGE 11 The Commission members agreed there should be no change to Section 9.1.D. Ms. Modig stated that a comment was made that limiting hours was putting a restraint on small business; however, the City does set limits on other adult-type businesses. Ms. Sherek stated the City has even limited the hours of operation for Menards. Mr. Saba stated in many cases with special use permits applications, they have limited hours because of the proximity to residential areas or other areas. Ms. Modig stated maybe they should clarify Section 7.C. so there is no doubt that this statement refers to the inside of the store. Ms. Savage agreed with the change suggested by Mr. Boswell for Section 2.A. Ms. Modig stated she has visited the Fantasy House, and they do have everything mentioned by Mr. Boswell. She did not like these things, but she had a difficult time with limiting with what people can sell and how they can sell it. But, she also realize they need some control over adult oriented businesses so they don't have them all over the City. She uses this shopping center a lot, and she has seen children and teenagers go into the Fantasy House. Whether they are carded or not, she did not know. They do need to address this issue; and they are doing that, and if the obscenity statute would make a change, they should look into that also. One of the studies said that where there is a higher concentration of adult oriented businesses in one area, there is a higher crime rate than if they were not concentrated into certain areas. In essence, they would be doing that because there are not too many areas left, and they are limiting them to little pockets in the City. That concerned her. Ms. Dacy stated that it helps to separate the businesses by 1,000 feet. There is another philosophy that concentrating all these businesses in one area is more detrimental than separating them throughout the community. There have probably been studies both ways. The areas that remain within Fridley are secluded as they are within major industrial areas and some commercial areas. It is the best attempt to put the adult oriented businesses in a location that is going to preserve the quality of life in terms of the residential areas of the community. Mr. Kondrick stated he would be in favor of the ordinance with some of the changes discussed. 2K pLANNING COMMISSION MEETING JANIIARY 9 1991 PAGE 12 Mr. Betzold stated that the issue as presented to the Commission is to address the zoning issues of the City. He did not have a problem with saying an adult business has to be in one area as opposed to another. The problem comes in defining what constitutes an adult oriented business. If this ordinance is intended for the Fantasy House, that may or not be accomplishing the�goal because the ordinance may or may not apply to the Fantasy House. He is trying to separate the Fantasy House from the ordinance amendment. Mr. Saba stated children are confused enough when it comes to sex materials. This is and always has been a family shopping center. He is very concerned with what the children are being exposed to, and he could support the ordinance without any problem. Mr. Sielaff stated he believed that the Fantasy House is an adult oriented business, whether it is called "other adult use" or not. He believed the Planning Commission should recommend approval of this ordinance amendment. Ms. Savage stated she supported the ordinance. Ms. Modig stated that, as Mr. Betzold has said, there are two different issues here. This ordinance may or may not affect the Fantasy House if the Fantasy House's attorney is found to be correct. At this time, the Commission has to be concerned about the ordinance amendment which addresses sexually oriented businesses in Fridley. MOTION by Mr. Kondrick, seconded by Ms. Modig, that the Planning Commission has reviewed the various studies and ordinances from other cities and has found the findings from those studies and ordinances to be applicable to the issues in the City of Fridley; therefore, the Planning Commission recommends to the City Council approval of an ordinance regulating sexually oriented businesses with the following amendments: 1. Section 2.A.: Adult Book and or Media Store 2. Section 7.1.C.: The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe the patrons... IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the City Council will establish a public hearing for February 11, 1991. 2L PLANNING COMMISSION MESTING. JANUARY 9. 1991 PAGE 13 2. PUBLIC HEARING ON A ZONING ORDINANCE AMENDMENT TO PERMIT SEXUALLY ORIENTED BUSINESSES IN THE C-2 GENERAL BUSINESS, AND C-3 GENERAL SHOPPING CENTER DISTRICTS� AS A PERMITTED USE AND AS A SPECIAL USE IN THE M-1 LIGHT INDUSTRIAL, AND M-2. HEAVY INDUSTRIAL DISTRICTS: MOTION by Ms. Sherek, seconded by Mr. Kondrick, to open the public hearing. IIPON A VOIC$ VOTE, ALL VOTING AYS, CSAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING OPEN AT 8:55 P.M. Ms. Dacy stated that as a result of the distance analysis, staff determined that there are small areas of the C-2 zoned properties available for these sexually oriented businesses, some C-3, and a substantial amount of industrial area. This ordinance amendment adds the term "sexually oriented business" to the Zoning Code. In the C-2 and C-3 district, it would add it as a permitted use, subject to the terms and conditions of the ordinance which was just recommended for approval. In the industrial districts, it is recommended as a special use permit to be consistent with previous city action for commercial uses in industrial districts. It would be listed in the M-1 and M-2 districts as a special use penait, conditioned upon the ordinance that was just recommended for approval, plus the standards that are in place right now for commercial uses for multi-tenant buildings. MOTION by Ms. Sherek, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED l�ND THE PIIBLIC HEARING CLOSED AT 9:00 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of the proposed zoning ordinance amendment permitting sexually oriented businesses in the C-2 and C-3 districts as a permitted use, and in the M-1 and M-2 districts with a special use permit as follows: 205.17 M-1 Light Industrial District Regulations 1. Uses Permitted C. Uses Penaitted With A Special Use Permit. (12) Sexually oriented businesses as defined and regulated in Chapter of the Fridley City Code. Sexually oriented businesses .shall meet the standards 2M pLANNING COMMI88ION ME$TING, JANIIARY 9. 1991 PAaS 14 required for commercial uses as stated in Section 205.17.01.C.(3). 205.18 M-2 Heavy Industrial District Regulations 1. Uses Permitted C. Uses Permitted With A Special Use Permit. (13) Sexually oriented businesses as of lthe and regulated in Chapter Fridley City Code. Sexually oriented businesses shall meet the standards required for commercial uses as stated in Section 205.18.O1.C.(3). IIPON A VOICB VOTE, ALL VOTIWG AYE, CSAIRPERSON BETZOLD DECLARED TSE MOTION CARRIED IINANIMOIISLY. 3. Tabled PUBLIC HEARING: CONSIDERATION OF A REZONING ZOA #90-06, BY CRYSTEEL TRUCK EQUIPMENT: To rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, from M-1, Light Industrial, to C-2, General Business, the same being 1130 - 73rd Avenue N.E. MOTION by Ms. Sherek, seconded by Mr. Saba, to remove the item from the table and open the public hearing. IIPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 9:05 P.M. Ms. McPherson stated the property is located at 1130 - 73rd Avenue N.E. The property is currently zoned M-1, Light Industrial. Currently, there is a building located on the property which is being used for the assembly and installation of after market truck equipment. Ms. McPherson stated the petitioner is requesting to change the zoning from M-1, Light Industrial, to C-2, General Business, in order to apply for a special use permit to allow for the outdoor display of inerchandise which is a special use in the C-2 district regulations. Ms. McPherson stated the analysis indicated that both the SuperAmerica and Rapid Oil sites which are adjacent to the subject parcel are also zoned M-1, Light Industrial, but are more commercial in nature. The Central Avenue Corridor Study 2N pLANNING COMMI88ION ME�TING JANUARY 9 1991 PAGE 15 completed by staff in 1989-90 recommended that properties directly adjacent to Highway 65 be rezoned from an industrial designation to a general business designation. Ms. McPherson stated Crysteel's use of this current building is predominately assembly with some sales and repair occurring from the site. The C-2, General Business, district does allow automobile service station and repair garages as a special use in the district. However, because of the types of vehicles that Crysteel does repairs and assembly work on are defined by statute as "heavy" vehicles, the code would define the facility as a heavy repair garage and not just a standard repair garage. The heavy repair garage is not a permitted use in the C-2 district, nor is it defined as a special use in the C-2 district. Ms. McPherson stated that by approving this particular rezoning request, the current use of the property would be rendered nonconforming and any future expansion of the property or the use would not be permitted. The property would meet the minimum requirements of the C-2 district for lot area, lot coverage, and lot width. The property itself did receive variances in 1988 for side corner and hard surface setbacks. Ms. McPherson stated staff recommends that the Planning Commission recommend. denial of the rezoning request as the use of the property does not fit under the C-2, General Business, district regulations. Approving the rezoning request would render the property nonconforming under the zoning code. Ms. McPherson stated the Commission has received documentation from the City Attorney regarding the request and the interpretation of the Zoning Code by staff. Mr. Jim Kay, General Manager for Crysteel Truck Equipment in Fridley, stated the members of the planning staff have been very cooperative. He very much appreciated their openness and willingness to discuss this issue. Mr. Kay stated that Crysteel Truck Equipment is a subsidiary of Crysteel Distributing which is located in Lake Crystal, Minnesota, where they have been in business for about 18 years. They have been in the Twin Cities area for approximately 5 years, and in the current location in Fridley for just over 2 years. He has been with the company for a year and at the Fridley store since the first of October 1990. Mr. Kay stated that as indicated in the second attorney's opinion, they do not have a specific thing in either the M-1 or the C-2 zoning districts that specifically applies to 20 PLANNING COMMISSION MESTING. JANUARY 9. 1991 PAGE 16 Crysteel Truck Equipment and the things they do. He has a problem with some of the things the attorney has said and would like to address those issues with the Planning Commission and City Council. They seem to have their foot in one zone and the other foot in another zone. Some of that is brought about by the fact that their business has been changing over the last few years. When they first came to Fridley, about 95� of the business done at this store was the sale of after market truck equipment which would be physically installed on a truck chassis. Over time they have found that both the demands of a profit driven business and the demands of the market place have caused a change. Now about 85� of their business is of that nature, and he anticipates that if they can work out the conflicts between them and the City, their goal will change to 75� of their business of that nature. Mr. Kay stated their business has grown considerably faster than they anticipated. They have increased sales volume from $1.8 million in fiscal 1989 to a little over $3 million in the year ending October 30, 1990. If they continue to grow at that rate solely by doing what they have always done, then some of their problems will multiply. They are seeking relief in three areas: 1. Outside storage of finished truck units and other equipment due to numbers of units in the yard. 2. Outside storage of finished truck units and other equipment due to the need to promote their products . 3. Changing product mix reflecting increases in equipment and related products which need not go through the shop. Mr. Kay stated they would like to be able to use specifically the parking area during the daytime store hours for periodic parking of equipment. They need the parking for two reasons: (1) to promote the products they sell; and (2) because of the limited nature of the site, they cannot get enough trucks going through the process at one time and it becomes very congested. They would only put new equipment out there that would not be junky, and they do not feel it would be detrimental to the appearance of the general area. Mr. Kay stated he respected the City Attorney's opinion, but he accepted it only as an opinion. It was an opinion of the ordinance that they are not a repair garage and, therefore, do not have a restriction to the heavy repair garage. They are an equipment dealer, and that equipment needs to be installed on vehicles. That is part of the service they provide to their customers. 2P pLANNING COMMISSION MESTINQ. JANUARY 9. 1991 PAGE 17 Mr. Kondrick stated the fact that Crysteel services what they sell might be part of the problem in the differences of opinion. Ms. Sherek stated that several of the Planning Commission members were on the �Planning Commission three years ago when the people who owned Crysteel came in seeking to build the building. Crysteel is not a new business. Crysteel was formerly in the Hydraulic Specialties building. They were illegally parking vehicles before the building was constructed, and that was the reason for the limitation placed on the special use permit when the building was constructed. Crysteel has a special use permit and continues to violate that special use permit. The Planning Commission talked extensively about the limitations of the size of the property with the need for setback variances and special use permit, etc. , with the principals of the company when the business was built. If that was not acceptable at that time, why did they agree to the limitations and build on property where they knew there were going to be problems? Mr. Kay stated he can only speculate as he was not associated with the company at that time. Mr. Kay stated Crysteel's problem is that given the volumes the business has moved to, there are times when they cannot fit everything in the back of the site. They have rented space across the street, but that is not sufficient. If the end result is that the Planning Commission and City Council don't see the solution to the problem as suggested by Crysteel, either by a variation or a change in the special use permit or some other resolution, then fairly soon he will have to go back to the owners of the company and tell them that the building is not adequate and something else will have to be done. Mr. Kondrick stated that Crysteel may be pursuing something that should not be pursued, and maybe they are trying to put too large a business in too small an area. Ms. Sherek agreed with Mr. Kondrick. This site is very limited, and too many things are being crammed on a very small parcel of pzoperty. Maybe Crysteel, in fact, has outgrown this site and should be looking for a larger site. Mr. Betzold stated he also agreed. They can go around and around about whether the business should be in an M-1 zone or C-2 zone. Looking ahead, they have to agree that Central Avenue Corridor ought to be more C-2 zoning. And, the question is being raised: Where does Crysteel fit in? Crysteel's neighbors, Rapid Oil and SuperAmerica, are 2Q PLANNING COMMISSION MEETING, JANIIARY 9. 1991 PAGE 18 radically different from Crysteel. He stated there are places for the type of business Crysteel�does, whether it is in Fridley or another community. The City wants to solve a lot of the problems in this area, not create new ones. Mr. Kay stated that he is concerned with the "Uses Excluded" in the M-1 district: "Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in M-1 districts." iie is trying to find the common ground. He did not want to spend a lot of time changing the product mix and successfully bringing on new lines, etc., to sell out of their store and then find out that as they do that, they are violating the intent of the M-1 zone. At the same time, he does not want to park vehicles outside the parking lot and have the Code Enforcement Officer issuing fines or revoking their special use permit. Mr. Betzold stated heavy industrial districts are different from commercial in that businesses in commercial districts have to be in areas where there are a lot of people and traffic or they will not survive. Industrial businesses do not need that. It is his feeling that Crysteel is like that. Their customers will come to them whether they are on or off a main street. Mr. Kay stated that is true to a certain extent, but there is no doubt that there is an advantage to being on a main street. Mr. Kay stated that he does not care if the property is rezoned or not. It was simply a vehicle to get before the Planning Commission to see if there is a way the City and Crysteel can work together to solve Crysteel's problems. Mr. Betzold asked if the Planning Commission could approve the rezoning and deny the special use permit. Ms. Dacy stated that in order for Crysteel to not only store the vehicles but to display them for sa2e, the Planning Commission and City Council have to grant the rezoning and the special use permit. Mr. Betzold stated they seem to be spending a lot of time discussing the rezoning and yet there is another part to this, and that is the special use permit request. This particular area has both M-1 and C-2 zoning in it. He believed the big problem involves the outdoor storage. � [ Zl I PLANNING COMMI88ION MEETING, Jl�NUARY 9. 1991 PAGE 19 4. (Tabled) PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP #90-19 BY CRYSTEEL TRUCK EOUIPMENT: Per Section 205.17.O1.D.(11) of the Fridley City Code, to allow exterior storage of materials and equipment on that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, the same being 1130 - 73rd Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to remove the item from the table and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 9:50 P.M. Ms. McPherson stated the petitioner is requesting that a special use permit be granted for either of two conditions: 1. To allow outdoor display of inerchandise in the C-2, General Business District; or 2. To amend stipulation #7 from SP #$$-01, which requires that "no display or sale or otherwise of trucks or equipment shall be permitted outside the storage yard on or off site." Ms. McPherson stated that based on the C-2 district regulations, staff does not believe Crysteel fits under the C-2 regulations; therefore, this special use permit would not be appropriate at this point. Ms. McPherson stated that under the M-1 zoning, the district regulations require that all storage occur in the rear and side yards. In addition, the code requirements do not include the outdoor display of inerchandise. Ms. McPherson stated staff is recommending that Crysteel be required to store and display all materials and equipment as required with the original special use permit. The requirement of storage of such materials is consistent with past and recent requests that have come before the Planning Commission. Staff is recommending that the Planning Commission recommend to City Council denial of the special use permit to allow the outdoor display of inerchandise in the C-2, General Business District, or to amend stipulation #7 from the original special use permit, SP #88-01. 2S PLANNING COMMI88ION MEETING. Jl�TUARY 9. 1991 PAGE 20 OM TION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing for the rezoning and special use permit requests. IIPON A VOICE VOTE� l�LL VOTING AYE, CHAIRPERSON B13TZOLD DECLARED THE PIIBLIC HEARINGB CLOBED AT 9:55 P.M. Mr. Kondrick stated this business has just outgrown this location. Mr. Saba stated he sympathized with the business owner, but he did not think they should recommend a change in the ordinance to allow outdoor storage in an M-1 district or to approve a special use permit for outdoor storage, especially with the history of violations at this location. Ms. Sherek stated she concurred with the City Attorney's opinion. She did not see this as a C-2 use, so they would be rezoning the property for a use that it is not currently being used for. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City Council denial of rezoning, ZOA #90-06, by Crysteel Truck Equipment, to rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, from M-1, Light Industrial, to C-2, General Business, the same being 1130 - 73rd Avenue N.E. IIPON A VOICB VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City Council denial of special use permit, SP #90-09, by Crysteel Truck Equipment, per Section 205.17.O1.D.(11) of the Fridley City Code, to allow exterior storage of materials and equipment on that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, the same being 1130 - 73rd Avenue N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated that on January 28, 1991, the City Council will establish a public hearing for both the rezoning and special use permit requests for February 11, 1991. 2T PLANNING COMMISSION l�EETIN(�, JliN�TARY 9. 1991 PAGE 21 5. RECEIVE THE NOVEMBER 20 1990 ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the November 20, 1990, Environmental Quality and Energy Commission minutes. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPSRSON BETZOLD DECLARED TH$ MOTION CARRIED IINANIMOQSLY. 6. RECEIVE THE DECEMBER 3 1990 PARKS & RECREATION COMMISSION MINUTES• MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the December 3, 1990, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE� CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the January 9, 1991, Planning Commission meeting adjourned at 10:05 p.m. Res�ectfully s mitted, , �, � t�. � . ,�L L e Saba Recording Secretary 2U sia�-s� s8ass PLl1NNING COZQiI66ION I�ETIZIG, January 9, 1991 Name Address/Business "� � � � 73 y3 !� Pf .5�� E � � �-e / %"��C! � i � �� � �� c `� � � .� c� ��` � � i, c�c...�-1 - 11G %a `�.�/a �� � .0 "-, ' �' Q " � l,�-�- J b 0 `�°c-� �, S. S�/ 5 r � � J Community Development Department P G DrviSION City of Fridley DATE: January 24, 1991 �� . TO: William Burns, City Manager�, FROM: SUBJECT: Barbara Dacy, Community Development Director Establish Public Hearing for Ordinance Regulating Sexually Oriented Businesses The Planning Commission conducted a public hearing regarding the proposed ordinance to regulate sexually oriented businesses on January 9, 1991. The Planning Commission recommended approval of the ordinance subjec� to minor modifications. Staff recommends the City Council establish February 11, 1991 as the public hearing date for this matter. The zoning ordinance amendment to permit sexually oriented businesses within commercial and industrial districts is also scheduled later on the agenda to establish a public hearing. BD/dn M-91-46 � _ � DATE: TO: FROM: SUBJECT: Background , 2W Community Development Department P G D�SION City of Fridley January 4, 1991 Planning Commission Members Barbara Dacy, Community Development Director Proposed Ordinance Amendment Regulating Sexually Oriented Businesses As a result of the location of the Fantasy House in the Moore Lake Commons Shopping Center, the City Council requested staff to prepare an ordinance regulating sexually oriented businesses. Since August I990, staff has been reviewing other communities' studies regarding the impact of adult'uses on the quality of life, researching other communities' ordinances, and the City Attorney's office has spent a significant amount of time researching the obscenity and pornography statutes. A major part of this analysis included creating required distances between sexually oriented businesses and residential areas, schools, churches, and park facilities. Proposed Ordinance The proposed ordinance contains the following sections: 1. Purpose and intent - this section clearly establishes the intent of the City of Fridley to prevent additional crime activity within the City and to prevent deterioration of neighborhoods as a result of the location of sexually oriented businesses. 2. Definitions - this section defines various types of sexually oriented uses ranging from adult book and media stores to adult novelty businesses such as the Fantasy House. 3. 4. This section requires that any sexually oriented business cannot be constructed, altered, or enlarged for any purpose which is not in conformity with the ordinance. Nonconforming uses - this section states that all sexually oriented business which were lawfully in existence at the effective date of the proposed ordinance are to be rendered 2X Sexually Oriented Business January 4, 1991 Page 2 nonconforming. These businesses will have three years to relocate to either a conforming location or relocate to another location outside of the City. 5. Location - this section establishes the distances that sexually oriented businesses must be from residential areas, churches, schools, and parks. Sexually oriented businesses must be 500 feet from any residential zoning district boundary and 1,000 feet from churches, schools, or parks which are adjacent to properties zoned residential. Also, no sexually oriented business can be located within 1,000 feet of another sexually oriented business. 6. Hours of operation - the hours of operation for these businesses will be limited to 8:00 a.m. to 11:00 p.m. 7. Operation - this section regulates viewing of inerchandise in the windows and doors, layout of display areas, visibility of access into the business from the public right-of-way, and provision of adequate illumination of the premises. 8. Signs - this section requires that proposed signs must be in conformance with the City's sign ordinance. 9. Licenses - this section stipulates the requirements and procedures to obtain a license for this type of business. This section also permits the City to investigate the background of proposed sexually oriented business operators. The term of the license will be for one year only. The operator would have to renew the license 60 days prior to expiration. The ordinance also provides procedures for suspension and revocation of the license. Findinqs from Other Communities' Studies We reviewed the City of St. Paul's 1987 Adult Entertainment study, the adult use findings from Phoenix, Arizona, the Adult Use study from Indianapolis, Indiana, and the State of Minnesota's Attorney General report. Key findings from these studies are as follows: St. Paul 1. A nation-wide survey of realtors has indicated that the negative impact of adult uses decline significantly at a distance of three blocks. 2. Crime rates relate to establishment of adult businesses in a threshold fashion such that there is a significantly higher crime rate with two adult businesses in an area than with only one business. � 2Y Sexually Oriented Business January 4, 1991 Page 3 3. Confining adult uses to relatively few possible locations (using large buffer requirements) is a trade-off. It protects residential neighborhoods but creates potential problems associated with high concentrations of such businesses in one general area. 4. Adult uses are appropriate for confinement to industrial areas, since they have a negative impact on the residential envirorunent and are incompatible with residential uses. Phoenix, Arizona 1. The City of Phoenix's study showed that the concentration of adult businesses increases the rate of sex crimes that occur. 2. In areas where adult uses were located, there was a greater number and amount of sex crimes versus property and violent crimes. Indianagolis. Indiana 1. The City of Indianapolis' study showed that the average crime rate in study areas (areas where adult uses existed) was 23� higher than in control areas (areas where adult uses were not located). 2. The sex crime rates are 77� higher in study areas. 3. Crime rates were 56� higher where sexually oriented businesses were located in predominantly residential areas. 4. Housing values, while higher in the study areas, only appreciated at 1/2 the rate of the control areas. Attornev General's Report 1. Communities need to establish findings for both zoning ordinance requirements and licensing requirements, and set distances between schools, churches, parks, and residential areas. 2. Sexually oriented businesses have a positive effect on the crime rate index. 3. Sexually oriented businesses are and continue to be associated with higher crime rates. 4. Studies have shown that there is a correlation between the location of sexually oriented business and neighborhood deterioration. 2Z Sexually Oriented Business January 4, 1991 Page 4 5. Studies have also shown that there is a higher crime rate in areas with two or more sexually oriented businesses. 6. Housing values are significantly lower in areas with three sexually oriented businesses than with one. Recommendation and Conclusion Staff believes the key findings in the above cited reports apply to the City of Fridley. The distances established in the proposed ordinance are consistent with other communities' ordinances and also will protect the value and neighborhood quality of the areas surrounding the sexually oriented business. Given the relationship between sexually oriented businesses and the types of crime, the requirements in the licensing section of the proposed ordinance to regulate the hours of operation and to provide for an annual license process and investigation process is warranted. The Fantasy House will be a nonconforming use by virtue of the adoption of this ordinance. Under the terms of the ordinance, they will have up to three years to relocate to a conforming location or relocate from the City. If this ordinance was in effect prior to establishment of the Fantasy House, the Moore Lake Shopping Center area would not be eligible because it is within 1,000 feet of a residential area. The distances required in this ordinance will still permit location of a sexually oriented business in industrial and certain commercial areas (about 4�) of the community. Staff recommends that the Planning Commission recommend approval of the proposed ordinance amendment. BD/dn M-91-9 2AA PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, February 11, 1991 at 7:30 p.m. for the purpose of: SECTION 1 PURPOSE AND INTENT It is the purpose of this ordinance to regulate Sexually- Oriented Businesses to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: l. Prevent additional criminal activity within the City; 2. Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood; 3. To locate Sexually-Oriented Businesses away from residential areas, schools, churches, and parks and playgrounds; 4. Prevent concentration of Sexually-Oriented Businesses within certain areas of the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of sexually- oriented entertainment to their intended market. SECTION 2 DEFINITIONS Adult Use: Any of the activities and businesses described below constitute "Sexually Oriented Businesses" which are subject to the regulations of this ordinance. . A. Adult Book and Media Store: An establishment having as a substantial portion of its stock in trade or stock on display books, magazines, films, videotape or other media which are characterized by their emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas". . • B. Adult Cabaret: An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of "specified sexual activities" or "specified anatomical areas." C. Adult Establishment: Any business which offers its patrons services, entertainment or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other adult establishments. D. Adult Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. E. Adult Mini-Motion Picture Theater: (i) An enclosed building with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or specified anatomical areas". �(ii) Any business or building which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", for viewing on the premises, including but not limited to private booths, viewing, by means o£ coin operated or other mechanical devices, and the viewinq o.f excerpts of motion pictures offered for sale or rent. 2CC F. Adult Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual `stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. G. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or token- operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. H. Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by gatrons therein. I. Adult Novelty Business: A business which sells, offers to sell, or displays devices which simulate human genitals or devices which are designed for sexual stimulation. J. Specified Anatomical Areas are any of the following conditions: (i) Less than completely and opaquely covered: (a) human genitals, pubic region, or pubic hair; (b) buttock, and (c) female breast below a point immediately above the top of the areola; and (ii) Human male genitals in a discernibly turgid state, even if opaquely covered. 2DD K. Specified Sexual Activities are any of the following conditions: (i) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal. (ii) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in underqarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of ane so clothed. (iii) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ. (iv) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or qratification. SECTION 3 APPLICATION OF THIS ORDINANCE Except as in this ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this ordinance. No Sexually-Oriented Husiness shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Fridley, the laws of the State of Minnesota, or the United States of America. Nothing in this ordinance shall be construed as author�zing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors. � 2EE SECTION 4 NON-CONFORMING USES All Sexually Oriented Businesses which were lawfully in existence as of the effective date of this ordinance and which were rendered nonconforming by the application of this ordinance shall be subject to abatement within three (3) years of the date of enactment of this ordinance. SECTION 5 LOCATION During the term of this Ordinance, no Sexually Oriented Businesses shall be located less than 500 feet from any residential zoning district boundary or site used for residential purposes and less than 1,000 feet from any church site, from any school site, or from any park which is adjacent to property zoned residential. In addition, no Sexually Oriented Businesses may be located within 1,000 feet of another Sexually Oriented Business. For purposes of this Ordinance this distance shall be a horizontal measurement from the nearest existing residential district boundary or site used for residential purposes, church site, school site, park site or another Sexually Oriented Business site to the nearest boundary of the proposed Sexually Oriented Business site. SECTION 6 HOURS OF OPERATION No Sexually Oriented Business site shall be open to the public from the hours of 11:00 o'clock p.m, to 5:00 o'clock a.m. SECTION 7 OPERATION A. An establishment operating as a Sexually Oriented Business shall prevent off-site viewing of its merchandise by completely covering the windows and doors of its operation with an opaque covering. B. All entrances to the emergency fire exits enter the business, of way . business, with the exception of which are not useable by patrons to shall be visible from a public right C. The layout of the display areas shall be designed so that the management of the establishment and any law enforce- ment personnel can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material. 2FF D. Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises. SECTION 8 SIGNS Signs for Sexually Oriented Businesses shall comply with the city's sign ordinance and in addition signs for Sexually Oriented Businesses shall not contain representational depictions of an adult nature or graphic descriptions of the adult theme of the operation. . SECTION 9 LICENSES Al1 establishments, including any business operating at the time this ordinance becomes effective, operating or intending to operate Sexually Oriented Businesses shall apply for and obtain a license with the City of Fridley. SECTION 9.1 LICENSE REQUIRED A. A person is in violation of the City Code if he operates a sexually oriented business without a valid license, issued by the City. B. An application for a license must be made on a form provided by the City. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. C. The applicant must be qualified according to the provisions of this chapter and the premises must be '`inspected and found to be in compliance with the law by the health department, fire department, and building official. D. Application for license shall be made only on the forms provided by the City. Four (4) complete copies of the application shall be furnished to the office of the City Clerk containing the address and legal description of the property to be used; the names, addresses and phone numbers of the owner, lessee, if any, and the operator or manager; the name, address and telephone number of two persons, who shall be residents of Anoka County and who may be called upon to attest to the applicant's, -- � 2GG manager's or operator's character; whether the applicant, �manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information as to the time, place and nature of such crime or offense including the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manaqer insofar as and regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating or furnishinq or acquiring the premises, personal effects, equipment or anything incident to the establishment, maintenance and operation of the business. If the application is made on behalf of a corporation, joint business venture, partnership or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names and addresses of all individuals having an interest in the business, including partners, officers, owners and creditors furnishing credit for the establishment, acquisition, maintenance and furnishing of said business and, in the case of a corporation, the names and addresses of all officers, general managers, members of the board of directors as well as any creditors who have extended credit for the acquisition, maintenance, operation or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation. Al1 applicants shall furnish to the City, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements and any other documents establishing the interest of the applicant or any other person in the operation, acquisition or maintenance of the enterprise. SECTION 9.2 ISSUANCE OF LICENSE A. The Public Safety Director shall recommend approval of the issuance of a license by the City to an applicant within 45 days after receipt of an application unless he finds one or more of the following to be true: 2HH (i) An applicant is under 18 years of age. (ii) An applicant or an applicant's spouse is overdue in his payment to the City, County or State of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a Sexually Oriented Business. (iii) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the applicatian form. (iv) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a Sexually Oriented Business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (v) An applicant is residing with a person who has been denied a license by the City to operate a Sexually Oriented Business within the preceding 12 months, or residing with a person whose license to operate a Sexually Oriented Business has been revoked within the preceding 12 months. (vi) The premises to be used for the Sexually Oriented Business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances; such inspections shall be completed within thirty (30) days from the date the application was submitted, provided that the application contains all of the information required by this ordinance. If the application is deficient, the inspections shall be completed within thirty (30) days from the date the deficiency has been corrected. (vii) The license fee required by this chapter has not been paid. (viii) An applicant has been employed in a Sexually Oriented Business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a Sexually Oriented �usiness premises in a peaceful and law-abidinq manner, thus necessitatinq action by law enforcement officers. 211 (ix) An applicant or an applicant's spouse has been convicted of a crime involving any of the following offenses: Any sex crimes as defined by Minnesota statutes 609.29 through 609.352 inclusive or as defined by any ordinance or statute in conformity therewith; Any obscenity crime is defined by Minnesota statutes 61�.23 through 617.299 inclusive, or as defined by any ordinance or statute in conformity therewith; for which: less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period. B. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. C. An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection 9.2A(ix) may qualify for a Sexually Oriented Business license only when the time period required by Subsection 9.2A(ix) has elapsed. D. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Sexually Oriented Business. The license shall be posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that it may be easily read at any time. 2JJ E. The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all of the information required by this ordinance. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency has been corrected. F. Within 90 days after the decision by the Council, the applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk of the Municipality. SECTION 9.3 FEES An initial investigation fee of $400.00 shall be charged at the time the application is filed; no part of this fee shall be refundable. If after review of the application the license is approved, the license holder shall pay $400.00 for the initial license and $400.00 per annum each time the license is renewed. SECTION 9.4 INSPECTION A. An applicant or licensee shall permit representatives of the police department, health department, fire department, housing and building inspection division to inspect the premises of a Sexually Oriented Business for �the purpose of ensuring compliance with the law, at any time it is occupied or open for business. B. A person who operates a Sexually Oriented Business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business. C. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. SECTION 9.5 EXPIRATION OF LICENSE A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 9.1. Application for renewal should be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the license will not be affected. 2KK B. When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. SECTION 9.6 SUSPENSION The City may suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has: A. Violated or is not in compliance with any provisions of this chapter. B. Engaged in excessive use of alcoholic beverages while on the Sexually Oriented Business premises. C. Refused to allow an inspection of the Sexually Oriented Business premises as authorized by this chapter. D. Knowingly permitted gambling by any person on the Sexually Oriented Business premises. E. Demonstrated inability to operate or manage a Sexually Oriented Business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. A suspension by the City shall be proceeded by written notice to the licensee and a public hearing. The notice shall qive at least 10 days notice of the time and place of the hearing and shall state the nature of the charges aqainst the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof . SECTION 9.7 REVOCATION A. The City may revoke a license if a cause of suspension in Section 9.6 occurs and the license has been suspended within the preceding 12 months. B. The City shall revoke a license if it determines that: (i) A licensee gave false or misleading information in the material submitted to the City during the application process; (ii) (iii) (iv) 2LL A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises; A licensee or an employee has knowingly allowed prostitution on the premises; A licensee or an emp2oyee knowingly operated the Sexually Oriented Business during a period of time when the licensee's license was suspended; (v) A licensee has been convicted of an offense listed in Section 9.2A(ix) for which the time period required in Section 9.2A(ix) has not elapsed; (vi) On two or more occasions within a 12 month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 9.2A(ix) for which a conviction has been obtained, and the person or persons were employees of the Sexually Oriented Business at the time the offenses were committed. (vii) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises. (viii) A licensee is delinquent in payment to the County or State for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the Sexually Oriented Business. C. The fact that a conviction is being appealed shall have no effect on the revocation of the license. D. Subsection B(vii) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. E. When the City revokes a license, the revocation shall continue for one year and the licensee shall not be issued a Sexually Oriented Business license for one year from the date revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be qranted a license if at least 90 days 2MM have elapsed since the date the revocation became effective. If the license was revoked under Subsection B(v), an a�plicant may not be granted another license until the appropriate number of years required under Section 9.2Atix) has elapsed. F. A revocation by the City shall be proceeded by written notice to the licensee and a public hearinq. The notice shall give at least 10 days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leavinq the same at the licensed premises with the person in charqe thereof. SECTZON 9.8 TRANSFER OF LICENSE A•licensee shall not transfer this license to another, nor shall a licensee operate a Sexually Oriented Business under the authority of a license at any place other than the address desiqnated in the application. SECTION 10 SEVERABILITY Every section, provision or part of this ordinance or any permit issued to this ordinance is declared severable from every other section, provision or part thereof to the extent that if any section, provision or part of this ordinance or any permit issued pursuant to this ordinance shall be held invalid by a court of competent jurisdiction it shall not invalidate any other section, provision or part thereof. 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: January 30, 1991 February 6, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. . _ � 2 N Community Development Departmen PLA];vNING DIVISION City of Fridley DATE: January 24, 1991 � � TO: William Burns, City Managerl�' FROM: Barbara Dacy, Community Development Director SUBJECT: Establish Public Hearing for an Amendment to the Zoning Ordinance to Permit Sexually Oriented Businesses in Certain Commercial and Industrial Districts The Planning Commission at their January 9, 1991 meeting considered the zoning ordinance amendment to permit sexually oriented businesses in certain commercial and industrial districts. The Planning Commission recommended approval of the ordinance amendment. Staff recommends the City Council establish February 11, 1991 as the public hearing date to consider this matter. BD/dn M-91-47 �� � .� DATE: TO: FROM: 200 Community Development Department G DIVISION City of Fridley January 4, 1991 Planning Commission Members Barbara Dacy, Community Development Director SUBJECT: Proposed Zoning Ordinance Amendment Permitting Sexually Oriented Businesses in the C-2 and C-3 Districts as a Permitted Use, and in the M-1 and M-2 Districts with a Special Use Permit Backqround As a companion ordinance to the proposed sexually oriented business ordinance, the attached ordinance amends the zoning code to allow sexually oriented businesses as a permitted use in the C-2 and C- 3 Districts, and as a special use in the M-1 and M-2 Districts. Proposed Ordinance Sexually oriented businesses are proposed to be permitted uses in the C-2 and C-3 Districts since the nature of the use as a retail operation is consistent with the other permitted uses in those districts. Eligible commercial areas within the City would be limited to small parcels at the southeast and southwest corner of I-694 and Highway 65, the southeast corner of Osborne Road and Highway 65, and some areas west of University Avenue and north of 73rd Avenue up to and including portions of the Wholesale Club site (a larger scale map showing the eligible areas will be presented to the Planning Commission at Wednesday's meeting). Sexually oriented businesses are proposed as a special use in the M-1 and M-2 Districts in order to be consist with previous ordinance amendments regarding commercial uses in industrial districts. The proposed ordinance amendment lists the sexually oriented business as an additional special use and stipulates that it must conform to the regulations in the chapter of the Fridley City Code. Not included in the proposed ordinance amendment was reference to the other typical standards for commercial uses in M- 1 and M-2 codes. Therefore, we would like the Planning Commission to amend the proposed ordinance language in the M-1 and M-2 sections to read as follows: 2PP Sexually Oriented Business Zoning Ordinance Amendment January 4, 1991 Page 2 Sexually oriented businesses as defined and regulated in Chapter of the Fridley City Code. Sexually oriented businesses shall meet the standards required for commercial uses as stated in Section 205.17.O1.C.(3). The citation for the M-2 District would be Section 205.18.O1.C.(3). The distance requirements required by the sexually oriented business ordinance would permit businesses to locate in the East River Road Business Center and some of the industrial areas east of the railroad tracks and west of University Avenue, north of 73rd Avenue up to approximately 81st Avenue. Recommendation Based on the findings from other communities' studies and ordinances, and based on our analysis for the City of Fridley, the proposed zoning ordinance amendment permits location of sexually oriented businesses in certain areas of the community which would not adversely affect surrounding properties. The Planning staff recommends the Planning Commission recommend approval of the attached zoning ordinance amendment with the following corrections: 205.17 M-1 Light Industrial District Regulations 1. Uses Permitted C. Uses Permitted With A Special Use Permit. (12) Sexually oriented businesses as defined and regulated in Chapter of the Fridley City Code. Sexually oriented businesses in multi tenant buildings shall meet the standards required for commercial uses as stated in Section 205.17.O1.C.(3). 205.18 M-2 Heavy Industrial District Regulations 1. Uses Permitted � C. Uses Permitted With A Special Use Permit. (13) Sexually oriented businesses as defined and regulated in Chapter of the Fridley City Code. Sexually oriented businesses in industrial buildings shall meet the standards required for commercial uses as stated in Section 205.18.O1.C.(3). BD/dn M-91-10 PUBLIC HEARING BEFORE THE CITY COUNCIL 2QQ Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, February 11, 1991 at 7:30 p.m. for the purpose of: 205.14 C-2 General Business District Regulations 1. Uses Permitted A. Principal Uses. (17) Sexually oriented businesses as defined and regulated in Chapter of the Fridley City Code. 205.15 C-3 General Shopping Center District Regulations A. Principal Uses. (c) Sexually oriented businesses as defined and regulated in Chapter of the Fridley City Code. 205.17 M-1 Light Industrial District Regulations 1. Uses Permitted C. Uses Permitted With A Special Use Permit. (12) Sexually oriented businesses as defined and regulated in Chapter of the Fridley City Code. Sexually oriented businesses in multi-tenant buildings shall meet the standards required for commercial uses as stated in Section 205.17.O1.C.(3). 205.18 M-2 Heavy Industrial District Regulations 1. Uses Permitted C. Uses Permitted With A Special Use Peraiit. (13� Sexually oriented businesses as defined and regulated in Chapter of the Fridley City Code. Sexually oriented businesses in industrial buildings shall meet the standards required for commercial uses as stated in Section 205.18.O1.C.(3). 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: January 30, 1991 � February 6, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. � � � J 2RR' Communit�r Development Department G DIVISION City of Fridley DATE: January 22, 1991 !I�'� I TO: William Burns, City Manager �, FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Rezoning Request, ZOA #90-06, by Crysteel Attached is the staff report for the above-referenced request. The zoning ordinance requires that the City Council hold a public hearing for all rezoning requests. Staff recommends that the City Council set February 11, 1991 as the date for the public hearing. NII�I/ dn M-91-26 -' 2SS � STAFF REPORT APPEALS DATE CIIYOF PLANPNNG COMMISSION DATE : December 12, 1990, January 9, 1991 FRIDLEY CITY COUNCIL DATE : January 28, 1991 AUTHOR �M�dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UTLffIES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIt_ITY WITH ADJACENT USES 8� ZONNVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENOATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDAT{ON ZOA �t 90-06 Crysteel To rezone the property from M-1, Light Industrial to C-2, General Business. 1130 - 73rd Avenue N.E. 1.29 acres (56,250 square feet) M-1, Light Industrial M-1, Light Industrial to the north, west, south, and easC Yes Yes Denial Denial 2TT Staff Report ZOA #90-06, Crysteel Page 2 Request The petitioner, Crysteel, is requesting that the City authorize a rezoning from M-1, Light Industrial to C-2, General Business. The request is for 1130 - 73rd Avenue N.E. Site Located on the property is a building which is used as an assernbly/warehouse facility with an outside storage area to the east and south of the building. The building was constructed in late 1988 upon approval of SP #88-01. The property is currently zoned M-1, Light Industrial as are other properties to the north, south, east, and west. Analvsis The petitioner is requesting the rezoning in order to apply for a special use permit for outdoor display of inerchandise. SuperAmerica and Rapid Oil, while both zoned M-1, Light Industrial, are more commercial in nature. The Central Avenue Corridor Study recommended that the properties directly adjacent to Highway 65 be rezoned to a commercial zoning. Crysteel's use of the building is predominantly assembly, with some repair and some sales occurring from the premises. While automobile service stations and repair garages are a special use in the C-2, General Business district regulations, the type of repair that Crysteel performs is classified as heavy duty repair, and that type of repair garage is not permitted either outright or by special use in the C-2, General Business district. Staff has determined and City legal staff has agreed that Crysteel's particular use of the property is not a permitted use or as a special use in the C-2, General Business District (please see attached memorandum from the City Attorney). By approving the rezoning, the use would be rendered nonconforming. Expansion would not be permitted. The property would meet the minimum requirements of the C-2 District for lot area, lot coverage, and lot width. The property was granted variances for side corner and hard surface setbacks in 1988 (VAR #87-40). Recommendation and Stipulations Staff reconunends that the Planning Commission recommend denial of the rezoninq request, ZOA #90-06, as the use of the property would not fit under the C-2, General Business district regulations and approving the rezoning would render the property nonconforming. 2UU Staff Report ZOA #90-06, Crysteel Page 3 Planninq Commission Action The Planning Commission voted unanimously to recommend denial of the request to the City Council. City Council Recommendation Staff recommends that the City Council deny the request to rezone the property from M-1, Light Industrial to C-2, General Business. 2VV PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, February 11, 1991 at 7:30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #90-06, by Crysteel Truck Equipment, to rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, from M-1, Light Industrial to C-2, General Business, the same being 1130 - 73rd Avenue N.E. 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: January 30, 1991 February 6, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. APPLICATION FOR RE-ZONING CRYSTEEL TRUCK EQUIPMENT REASON FOR REQUEST: zww In October 1988 Crysteel Distributing, Inc. of Lake Crystal, Minnesota, DBA Crysteel Truck Equipment, began operations at the referenced address. The business done at the Fridley location was patterned after the company's 17 years of experience at the Lake Crystal location. At that time, Crysteel's product mix was such that essentially all business included extensive assembly work. Over the past two years, the nature of the metro area market has changed. It now differs from what it was two years ago, as well as from the Lake Crystal operation. These market changes have resulted in a changing product mix, with fewer jobs requiring extensive assembly. While a majority of jobs still require assembly, the needs of our customers are changing to include more pre-assembled products from a variety of manufacturers. As we have examined these changes, and have discussed them with the City's Planning Department staff, it appears we are moving toward a situation in which our current zoning may not match the business we are becoming. As a result, we are requesting a change in the zoning from M-1, light manufacturing to C-2, general business. We are also requesting a change in our current Special Use Permit to allow for limited parking of vehicles and equipment out of the yard area. (See attached form.) We have discussed our needs with the City's planning staff. They have been very helpful in addressing our questions, and we appreciate their professional manner in dealing with the issues and recommendinq this approach to solving our changing situation. We recognize a request such as this raises many questions, and will requires serious consideration. We see the needs of our customers, as well as our own, chanqing. We see ourselves as good corporate citizens and an attractive business for the City. We have a strong desire to strengthen the business for the benefit of ourselves, our employees and the community. We ask for your support, and the approval of our request, and look forward to our presentations before the Planning Commission and the City Council. � a� � �ir� _ . . . --- • a� ACT A ..� � . .,,►. : �.X. :- p L.f� ' I J.It/r'�IC! � � TIPAC� B . (�' ' � fi . � ZOA �� 90-06 Crysteel � � 3t `E SE �,_ --x .a r��..._ i � "f,.��:. . ��I � '�'�%., �:'� �pAR�T ,�:'�� . � , a; ------— ,--—��;• a�" A s, t t� N `�r� 3 t_ (t) � Y �t � � !�� . � �1 ��rts R �E7�fMUN �i ` ; d � • - - � -- � �. __ s , �' � = Z :.i i � � �' + � N. !i N .... 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Newman TO: ������Cl� �� �1���'���� � fi� ATTORNEYS AT LAW M E M O R A N D U M :x Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant FROM: Gregg Herrick, Assistant City Attorney �,-�� DATE: December 4, 1990 RE: Crysteel Rezoning 2CCC The question asked of our office is whether Crysteel can qualify as a retail use, permitted under Ordinance 205.14(1)(A)(13). The subdivision which you requested an opinion on deals with "other retail, wholesale, or service activities." From your earlier memo, it appears that sales account for only 15� of Crysteel's business. Therefore, the company would not seem to qualify under either the catchall retail or wholesale clauses of subparagraph 13. In reviewing whether or not this might be a service activity which would be allowable under a permitted use in a C-2 zoning district, I have reviewed the zoning ordinances concerning motor vehicle service operations and the restrictions under subparagraph 13 which provides that the activities for which goods or services are furnished must be similar to the uses described in paragraph 1-A of the C-2 zoning requirements. The types of businesses described in paragraph 1-A are not similar to Crysteel's operations. The majority of those service uses are professional or dealing with entertainment. Crysteel's operations are of a more industrial nature than the other uses allowed by the ordinance. Under the code, Crysteel's abililty to operate as a motor vehicle service business under the C-2 zoning ordinance would be questionable. Subparagraph 1.0 lists the activities in a C-2 district which are permitted with a special use permit. Paragraph 3 provides for agencies selling or displaying...machinery, and paragraph 4 provides for repair garages. Given Crysteel's business activities, it would seem that a special use permit which authorized the selling and displaying of machinery as well as a repair qarage and installation service might be proper in a C-2 district. This would depend, however, on the types of work done and the vehicles upon which the work was performed. The C-2 district specifically allows repair garages and specifically prohibits heavy-duty repair garages. The difference between a repair garage and a heavy-duty repair garage under our or3inance is the type of vehicies which are repaired. Vehicles licensed at a category "G" or above or similar weight equipment can only bz Suice 2U5, 64U1 Uni���rsity Avenue N.E., Pridley, 1�9inneso�a 55�32, 612-57]-3�35U 2DDD Memo to DacyjMcPherson December 4, 1990 Page 2 repaired in a heavy-duty repair garage. Given the information you have provided with regard to the type of work that Crysteel does it is this office's opinion that Crysteel is engaged in work which would classify them as a heavy duty repair garage. The definitional sections of the zoning code describe one other automotive service category, that of public garage. A public garage is defined in Section 205.03, Subdivision 30 as "a building used for the sale of new or used motor vehicles or where motor vehicles are parked or stored for a renumeration, or where motor vehicles are repaired within the structure as a service accessory to the main use." Crysteel's operations appear to be primarily service oriented and would not be regarded as accessory to its main use; therefore they would not qualify as a public garage. If the City staff's assessment of the nature of Crysteel's operation is accurate they would not be qualified to conduct business in the C-2 zoning district. GVH:ldb � 2EEE CITY OF 1�RIDLBY pI,�NNZN�3 COlgiIBBION MEBTING, D$C8M88R 12 � 1990 .�....r �....�r w. r.rr�r.�..r..r+wr�ww.w1rr�w�.�rw.�.w�w.r�.rw.w.w.�rwn�..r1r�.w.r.rw.rwwnw��w���•w►r��w.��.�.wr1r w. CALL TO ORDER• Chairperson Betzold called che December 12, 1990, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dean Saba, Sue Sherek, Diane Savage, Paul Dahlberg Members Absent: Others Present: Dave Kondrick, Connie Modig Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Humberto Martinez, 7786 Beech Street N.E. APPROVAL OF NOVEMBER 14 1990 PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to approve the November 14, 1990, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING 7►YE, CSAIRPERBON BETZOLD DECLARED THE MOTION CARRIED ONANZMOOSLY. 1. PUBLIC HEARING CONSIDERATION OF A REZONING ZOA #90-06, BY CRYSTEEL TRUCK EOUIPMENT: To rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, from M-1, Light Industrial, to C-2, General Business, the same being 1130 - 73rd Avenue N.E. 2. PUBL C HEARING CONSIDERATION OF A SPECIAL USE PERMIT. SP #90-19 BY CRYSTEEL TRUCK E4UIPMENT: Per Section 205.17.O1.C.(il) of the Fridley City Code, to allow exterior storage of materials and equipment on that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, the same being 1130 - 73rd Avenue N.E. 2FFF �L�I�NING COMMISSION 1�IEETZNG. DECBMBER 13. 1990 P�GE 2 Ms. Dacy �tated that the petitioner has requested that these two items be tabled until January 9, 1991. OM TION by Ms. Sherek, seconded by Mr. Saba, to table rezoning request, ZOA �90-06, and special use permit request, SP �90- 19, by Crysteel Truck Equipment until January 9, 1991. QpON A VOICE VOTE,� 71LI, VOTINa 11Y$, CHAZRP8R80N SETZOLD DECLARED THE 1dOTION Cl�RRIBD IINANII�OOBLY. 3. PUBLIC HEARING CONSIDERATION OF A SPECIAL USE PERMIT. SP �90-18 BY HUMBERTO MARTINEZ: Per Section 205.18.03.C.(4) of the Fridley City Code, to llow the lot coverage to be increased from 40$ maximum o 50� maximum, on Lots 1 throuqh 5, Block 6, Onaway ddition, generally located at 7786 Beech Street N.E. OM TION by Ms . Sherek, Beconded by Ms . Sav� reading of the public hearing notice and hearing. / to waive the z the public UPON A VOICE VOTE, ALL VOTING 11YE, CHAIRPERSON BETZOLD DECLARED T8E I�IOTION Cl�RRIED AND THE IIBLIC BEARING OPEN !�T 7:35 P.M. ' Ms. McPherson stated the petit'oner is requesting a lot coverage increase from 40� ma mum to 50$ maximum. This increase would allow the peti oner to construct a 3,500 sq. ft. addition onto the exist'ng buildinq. The property is zoned M-2, Heavy Industrial, as are the properties surrounding this property. Ms. McPherson stated a wo story single family dwelling unit is located on the pro erty. This dwelling unit is attached to a concrete block uilding which serves as a warehousing and assembly facil y for Mr. Martinez' business, which is Food Process Con ol. An existing fenced outdoor storage located to the r ar and side yards is where the petitioner is requesting to nstruct the addition. Ms. McPhers stated the City Council recently adopted an ordinance endment which would allow a 10$ increase in lot coveraqe n industrial districts with a Bpecial use permit. There a two standards that need to be evaluated prior to the is ance of a special use permit. Those standards are: 1. For existing developed properties, the total amount of existing hard surface areas should be evaluated to determine whether a reduction in the total building and parking coveraqe can be achieved. In this particular request, there would not be a reduction in building and parking coverage. The � � UTYOF FRlDLEY DATE: TO: FROM: SUBJECT: C011/LMUNITY DEVELOPMENT 2GGG DEPARTMENT MEMORANDUM December 20, 1990 Gregg Herrick, Assistant City Attorney Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Crysteel Rezoning Attached please find a letter submitted by James Kay of Crysteel located at 1130 - 73rd Avenue N.E. describing the types of work that Crysteel does and describing his disagreement with your previous opinion to us which you submitted December 4, 1990. Please review the attached materials and determine if this changes your original opinion. We would appreciate receiving a response by January 3, 1991. MM/dn M-90-911 ysrEE� Barbara Dacy, AICP, Gregg Herrick, Asst. City of Fridley 6431 University Ave. Fridley, MN 55432 1130 - ?3rd AVE. N.E. FRIDLEY, MN 55432 December 19, 1990 Planning Coordinator City Attorney 2HHH 612-571-1902 FAX 612-571-5091 Fursuant to my conversation with Barbai�a on December 12th, I am submitting for your review this description of the curre:�t bu5iness activities of Crysteel Truck Equip,nent. I have includcd pictures of a few jobs which are representative of the type of work desci•ibed herein. We are in the after-market truck equipment business, selling and installing equipment on new trucks. The types of equipR�ent we sell anu install include, dump truck bodies and hoists, flatbed bocies, van bodies, contractor bodies, snow plows and wings, aeriai lifts, cranes, sanders, under-body scrapers, as weil as the related running lights, warning lights, strobe lights, trailer hitches and other accessories. We repi�esent seveial Manufacturers of these products. We are an affiliate of Crysteei Manufacturing of Lake Crystal, Mir,nesota, and thEir line of grain bodies, dump bodies ar,d hoists is the primary product line we sell and install. We also represent Delta, Tafco, and Midwest truck bodies, Clement trailers, Armlift aeriai ;ifts, FN� Corp street sweepers, Monroe and Henderson sanders and scrapers, and Falls, Henke, Gledhill, Manroe, Boss, and Fisher snow piows. In the twelve months ended October 31, 1990, Crysteel truck equipment did $3,003,000 in sales. Of this 12� was for install- ation labor, 11� parts and accessories, 11� non-installed equipment, and the remaining 66� for equipment which we installed. SPECIALLYDFSIGNED • W/TH Q�JALI'TYIN II�ND 2111 Barbara Dacy Gregg H�rrick December 19, 1990 - page two I feel the need to state the problems we are trying to solve in asking for a zoning change/review. As a new (in the north metro area) enterprize, we need to maximize gross profit sa as tc become profitable as soon as possible. First, our cui�rer,t business laigeiy comes form state ar,d locai government bids. This is traditionaliy low margin businESS. We need to inciease overall business volumn and improvc gio�� n�argin by crianging our pro3�ct tr�ix to inclu3e CliI2Cili aii� ntH pro:iu�ts witi, higt�cr maryins, (iten�s traditionaiiy svi:i to i�or,-governa�er�tai customers) ar,ci whicri are less la�or intensive, requiring less time in our shop. we expect to raise tne percent- agc of sales coming from non-installed pro3ucts to 25% ir. tr,e r.c�.t 24 rt�onths. As we ad3 these ty�es of new products, we are concerned trie char,ge in product mix will change our busir,ess clossification as far as the City is concerned. It seems we are headed to a more general business type operation. We also add to our need to pioa�ote these new pi-oducts, promvtion which is enhanced by our ability to display equipment, even on a limited basis, at oui- iocation. This obviously impacts orl our outside parking dI-Ed. Second, whether we adn new product lines or not, our volume of business is growing, 67% in the last year. As mure ar,d more j�bs ( and trucks j ca�r�e trirough our f ac i 1 i t y, we are cont i r�ua i i y pressurzd for pari:iny and storage space in our rear yard. We can (and honestly, do) relieve some of this pressure by parking c�mpleted trucks in the parking ai-ea. Ns w� yi-ow, the pressure to do this wi 11 gi ov: also. Hs I l,ave reviewed the ordinances for C-2 an3 M-1, I beiieve we CaIi solve c�:i- piobien�s by rezor.ing to C-2. Paragi�apt� C, itea� 2 oi :.ha oidivance lists as activities �ermissdLiE witi� a s�C�iai use perR�it, "Agencies selling or display;ng...machinery..." which as Gregg noted in his f irst opir:ion, seen�s to f it C� ysteei's situat;ai�. As to the ccr,cern ai�aut "heavy-duty" re�air garages, I don't bel ieve we are a ��2�e�ali yaYagC" . We a2 e r,ot open to trie p�bi ic for the purpose of taxir�g repair jobs off the street, rathei, �ur shop facil;ty is used for tt,e instaliatior� of products sold by 2JJJ Barbara Dacy Gregg Herrick December 19, 1990 page three the business. Also, I would not agree the ordinance prohibits heavy-duty repair shops over-all. The prohibition comes in paragrapr� 1.C.5.E.+. Th�e way it is written, it applies a� a prohibited activity ur,der C.2.5, autocnvbile service stations and motor vehicle fuei ar.d 3ispensing services. Crysteel is not a��.iyir►g for approval to vperate under this classif icatior�. Crysteel Truck Equiprner,t tias ec�joyed being a good member of tt.e Fridiey coma:ur�ity, and looks forward to growir,g with the commun i t y. we hope the c i t y p 1 anners , p 1 ann i ng comrn i ss i or, ar,u cour.cii wiil recognize ti.e necessity for us to expar,d our product mix. This is n�ost ia��oi tar►t as we seer: to ia�prove auz :,et z Cs�: ts by 3% to �% ai,d Letter serve the conununity. Thar:r: you foi� yvui review and cons:deraticn ci our situation. If i caz, ar,swei- ar�y fui tt►er questions in heiping you understand cur business accurat�iy, piea�e call. Sincere:}�, ; ' /, • ��� � L�__i / >� s-,%` / ; � ..t'.�1J1GL.� �t[l.Cl� L.k'Vltt`{LIVI J d111CS G. I�ay , GenEra i N,dliage� V'vgil C. Herrick James D. Hceft Gregg V. Herrick Of Counsel David P. Newman T0: FROM: DATE: RE: ��R����`'� � �T� «° ����� � ATTORNEYS AT LAW M E M 0 R A N D U M Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Gregg Hzrrick, Assistant City Attorney January 2, 1991 Crysteel Rezoning 2KKK This memorandum is intended to clarify questions raised by James G. Kay, Crysteel, in reference to my December 4, 1990 memorandum. In reviewing the City's zoning codes to determine whether or not Crysteel's operations would be allowable under the C-2 zoning ordinance, it must be recognized that there is no provision for the sp�cific inclusion or exclusion of an "after-market truck equipment business selling and installing equipment on new trucks". The zoning code is not meant to define each and every possible business use which might be proposed within the City of Fridley. The code defines the major classifications of businesses. Subsequent businesses are compared to those defined under the code to determine whether they are similar to approved or non-approved uses. The types of uses which seem to be comparable to Crysteel's operations were described in my December 4, 1990 memorandum and include: Agencies selling or displaying machinery, C-2, paragraph 1,C,3 Repair garages, C-2, paragraph 1,C,4 Heavy-duty repair garages, C-2, paragraph 1,C,5,E1 As I indicated in my prior memorandum, none of the defined uses exactly corresponds to Crysteel's operatioas. In comparing the above uses, "agencies selling or displaying machinery" would not seem to be an accurate description of Crysteel's operations. By Crysteel's own description, it is not selling or displaying machinery, but rather is engaged in the business of sales and installation of after-market accessories on vehicles. The second and third comparable uses, a repair garage and a heavy-duty repair garage, are defined as places where major repair of motor vehicles is conducted, the only difference between the two being the size of vehicles which are repaired. Suite 2U�, 6401 l�ni�•ersic}• .A�•enue N.E., Fridle}�, I�linnesota 55432, 612-�i 1-38�U 2LLL Memo to Barb Dacy/Michele McPherson January 2, 1991 Page 2 Crysteel's operation has not been described as a traditional repair shop dealing in repair of disabled �r malfunctioning vehicles. The service-oriented aspects of a repair garage, however, seem to most clo.sely fit the type of operation conducted at Crysteel. I see very Tittle difference in Crysteel's operation from a traditional repair garage that would specialize in replacing rusted or broken pickup boxes or dump bodies with new equipment. A business which would specialize in this area would unquestionably be classified as a repair garage. The only difference I can see from Crysteel's definition of their operation is that they claim to install this equipment on new trucks. If Crysteel did accept work on used vehicles, even this distinction would not apply. Unless the characteristics of a heavy-duty repair garage; i.e., traffic, storage of vehicles/equipment, noise, etc., are not sufficiently similar to the characteristics of Crysteel's operations, it is my opinion that they should be treated the same with regard to the City's zoning code. GVH:ldb r � � � DATE: TO: FROM: SUBJECT: . M M De ar�men Community Development p PLANNING DIVISION City of Fridley January 15, 1991 Gregg Herrick, City Attorney Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Rezoning Request by Crysteel Inc. In light of your most recent legal opinion regarding the Crysteel rezoning request, dated January 3, 1991, we have two further questions which require your opinion. 1. Would it be appropriate for City staff to send a letter to Mr. Kay stating that the retail portion of his use is outlined as an accessory use under the M-1, Light Industrial, zoning code and would be permitted as such under the same section. 2. In liqht of your opinion and various discussions staff has had with Mr. Kay and in relation to the attached submission to the Planning Commission, it is appropriate for the City to sign his dealer's license? Please respond to these issues by January 24, 1991. Thank you. NII�I/ dn M-91-31 CRYSTEEL TRUCK BUSINESS OVERVIEW i � � �i , � � � � � /t � EQUIPMENT Crysteel Truck Equipment, a subsidiary of Crysteel Distributing, Inc., supplies after-market truck equipment and other equipment to a variety of customers, includinq state and local government, buildinq and road construction contractors, excavators, landscapers, utility companies, etc. We install much of the equipment we sell on truck chassis for our customers, and in some instances, we supply the chassis as well. Crysteel Distributing has been in business for 18 years, and has operated in the metro area as Crysteel Truck Equipment for five years, and for the pst two years in our present location. We are growing, having increased sales volume from 51.8 million to $3.0 million in the past fiscal year. REASONS FOR APPLICATION FOR RE-ZONING Growth brinqs change. Crysteel has changed over the past two years as a result of our qrowth. These chanqes have affected both the volume of trucks coming through our shop, and the percent of business which doesn't come throuqh the shop at all. As a result, we now have three problems in regards to the zoning ordinances which we are trying to deal with. The are: l. 2. 3. Outside storage of finished truck units and other equipment due to numbers of units in the yard. Outside storage of finished truck units and other equipment due to the need to promote our products Chanqinq product mix reflecting increases in equipment and related products which need not go through the shop. OUTSIDE STORAGE OF FINISHED TRUCK UNITS AND OTHER EQUIPMENT DUE TO INCREASED NUMBERS OF UNITS IN THE YARD. The 66$ increase in sales mentioned above, has come from increased amounts of work. When we are busy, we have more units in the shop, the yard, everywhere. There are times the number of trucks waiting for work or for pick- up are numerous enough the only way to move units in and out of the shop is to park finished units in the front parkinq area. OUTSIDE STORAGE OF FINISHED TRUCK UNITS AND OTSER EQUIPMENT DUE TO THE NEED TO PROMOTE OUR PRODUCTS. We are like any other business, we need to have our customers know where we are and what we sell. As with other equipment dealers, one of the most effective ways to advertise is to display products at the store. We find this need increasinq as our product mix chanqes. 2000 CHANGING PRODUCT MIX REFLECTING INCREASES IN EQUIPMENT AND RELATED PRODUCTS WHICH NEED NOT GO THROUGH THE SHOP. When we first started in our current location, 95$ of our sales were of equipment which went throuqh our shop. That percentage is decreasing, both by design and by the demands of the marketplace. In the fiscal year just completed, sales requiring shop work has been reduced to 85$. Our intent is to reduce this amount still further (to 25� in the next 24 months). We are concerned whether this change will jeopardi�e our standing in M-1. (See City code 205.17.02A, pg. 205.M1-6) In tryinq to resolve these problems with the Planning Department, we find we sit straddle of two zoninq areas, M-1 and C-2. In reviewinq the codes, it appears to us we can solve the problem in the C-2 classification under 205.14.O1.A13, 205.14.O1.B5, and 205.14.O1.C3. We are considering ourselves to be an equipment dealer. In this evaluation, we are in disagreement with the City Attorney's office. Since there is no specific description of a � business in the ordinance which specifical ly matches what we do, we need to find a description which approximates what we do. Any such attempt is subject to a certain amount of subjective judqement, and therefore potential disagreement. Mr Herrick has chosen to compare us most similar to a repair garage. We, on the other hand choose to compare ourselves to an equipment or machinery dealer. It will be up to the commission and the council to decide which view will prevail. I _ _ J ' ment De artment 3 Community Develop p G DIVISION City of Fridley DATE: January 22,. 1991 �t_� � fd TO: William Burns, City Manager�. � FROM: BIIBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR �90-33, by Insurance Mart Attached is the staff report for the above referenced request. The Appeals Commission voted unanimously to recommend approval of the following variances: 1. To allow a free-standing sign of 48 sq. ft. in an R-3, General Multiple Family zoning district. 2. To allow wall signs using the formula fifteen times the square root of the wall length in an R-3, General Multiple Family zoning district. Stipulation: The wall signs shall be located on the south side of the building only and shall not be illuminated. 4. To reduce the setback from the property line of a free- standing sign from 10 feet to 4.9 feet. The Commission voted 2-1 to recommend approval of the following variance to the City Council: 3. To increase the height of a free-standing sign from 6 feet to 7 feet. Staff recommends that the City Council concur with the Commission's action for variances 1, 2, and 4; but staff recommends that the City Council deny variance 3. 1�I :1 s M-91-28 � 3A �► STAFF REPORT APPEALS DATE Januazy 8, 1991 CI1Y OF PLANIWNG COWNVIISSION DATE FRiDLEY CITY COUNCIL DATE: January 28, 1991 AUTHOR �� �REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LANO USES 8� ZONING UTLJT�S PARK DEDICATION ANALYSIS FlNANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN ' COMPATIBILITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #90-33 Insuranoe Mart/'Itao P.C. Partnership See public hearing natice 6875 HigYnaay 65 N.E. R-3, General Multiple FaHnily Dwelling R-3, General Multiple Family Dwelling to the north, south, and west; 1�1, Single Family Dwelling to the east Yes Yes Approval with stipulafions Approval with stipulations �� � Staff Report VAR #90-33, Insurance Mart/Two P.C. Partnership 6875 Highway 65 N.E. Page 2 A. PUBLIC PURPOSE OF REQUIREMENT Section 21�.09 requires one free-standing sign of 24 square feet in area in an R-3, General Multiple Dwelling District. Public purpose served by this requirement is to control visual pollution and excessive use of signs in residential areas. Bection 214.09.02.B requires a wall sign to be no larger than three (3} square feet in area. Public purpose served by this requirement is to control visual pollution and excessive use of signs in residential areas. Section 214. 09 only permits area identif ication on wall signs, not free-standing signs. Public purpose served by this requirement is to control visual pollution and excessive use of signs in residential areas. Bection 214.09.O1.0 requires a minimum distance of ten (10) feet from any property line or driveway. Public purpose served by this requirement is to ensure adequate visibility for traffic purposes. B. STATED HARDSHIP: See attached letter to Appeals Commission and City Council dated December 12, 1990, from Denny Phenow. C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting the following four variances: 1. To allow a free-standing sign of 48 sq. ft. in an R-3, General Multiple Family zoning district. 2. To allow wall signs using the formula fifteen times the square root of the wall length in an R-3, General Multiple Family zoning district. 3. To increase the height of a free-standing sign from 6 feet to 7 feet. 3C Staff Report VAR #90-33, Insurance Mart/Two P.C. Partnership 6875 Highway 65 N.E. Page 3 4. To reduce the setback from the property line of a free- standing sign from 10 feet to 4.9 feet. Approval of the variance request would allow the construction of a free-standing sign at 6875 Highway 65 N.E. Site Located on the property is a two-story office building which was constructed in 1960 and is located at the intersection of 68th Avenue and the east service drive of Highway 65. The property is zoned R-3, General Multiple Family, and has been since.1958, as is the property to the north and south. Property to the west, while zoned R-3, is used as single family dwelling units. The property to the east is zoned R- l, Single Family Dwelling. Analysis The Sign Code requires that four conditions be met prior to the Appeals Commission granting a variance from the literal provisions of the Sign Code. The four conditions are stated in Section 214.21.02.A-D. Variance Request #1: To allow a free-standing sign of 48 square feet in a R-3, General Multiple Family, zoning district. A: That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. As was stated earlier, the property is currently zoned R-3, General Multiple Family Dwelling. However, the building has been used as an office building since its construction in 1960. At that time, the zoning code allowed office uses in the R-3 district. When the zoning ordinance was changed to eliminate office uses from the R-3 district, the property and use became nonconforming. In order for the tenants to have adequate signage, they have proposed a variance to the R-3 code to allow a sign of 48 sq. ft., as would be allowed in the CR-1, General Office District, regulations. This is an exceptional case; and to staff's knowledge, the same conditions do not exist elsewhere in the City. 3D Staff Report VAR #90-33, Insurance Mart/Two P.C. Partnership 6875 Hiqhway 65 N.E. Page 4 B: That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied to the property in question. The Knights of Columbus, which is an assembly use and is also zoned R-3, currently has a projecting sign of 60 sq. ft. on the west side of its building. This sign was granted a sign permit in 1970. In addition, a sign permit was issued for a wall sign of 20.25 sq. ft. in 1980 for the Knights of Columbus. Granting the variance would allow the tenants of the building to have some type of signage that would visible from Highway 65. C: That the strict application of the Chapter would constitute an unnecessary hardship. A strict application of the Chapter would eliminate any option for visible signage for the tenants of the office building. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. As the sign would be located on the west side of the building, it would be screened from the building itself and would be buffered from the single family residences located to the east of the property. Granting the variance to allow a free- standing sign would not be detrimental to the health, safety, or general welfare of the property or to the general public. Variance request �2: To allow wall signs using the formula 15 times the square root of the wall length in an R-3, General Multiple Family zoning district. The Sign Code does allow wall signs in residential districts; however, wall signs are limited to 3 sq. ft. in area. The petitioner is proposing to use the formula outlined for wall signs in the CR-1, General Office District, to allow wall signage for any additional tenants which might occupy the building in the future. Staff has not received a sign plan from the petitioner as to the size and type of lettering for these future tenants. However, staff has indicated to the petitioner that a comprehensive sign plan will be required if the building should be occupied by three or more tenants. 3E Staff Report VAR #90-33, Insurance Mart/Two P.C. Partnership 6875 Highway 65 N.E. Page 5 " A: The property is nonconforming based on the Zoning Code and is currently being used as an office building, not a multiple family residence. This is the only instance within the City that this has happened and, therefore, is an extraordinary circumstance. B: Other office users have been allowed to have wall signage in the General Office district and to deny the future tenants the opportunity to use wall signage would be denying them a substantial property right enjoyed by similar tenants elsewhere. C: Strict application of the Chapter would eliminate any signage opportunities for the future tenants. D: Wall signs would not be materially detrimental to the health, safety, or general welfare of the property or the general public. Variance Request #3: To increase the height of a free- standing sign from 5 feet to 7 feet. The CIt-1 zoning district allows free-standing signs of 6 feet in heigh�. The petitioner is proposing to increase that by 1 foot to 7 feet. The petitioner has indicated a height of 7 feet is needed to provide adequate visibility of the sign to the traveling publ?.c. However, from reviewing the sign plans, it appears it is possible to reduce the overall height of the sign by 1 foot and still provide adequate room to support the text needed on the sign. A: While the property does have a change in topography at the front of the building where the sign is to be placed, the sign has been designed in such a way that the supporting structure could be reduced by 1 foot to shorten the sign. B: Denying the variance from 6 feet to 7 feet woul.d not deny the petitioner the right to have signage. The sign would just need to be slightly smaller in order to accommodate the code requirements. C: Strict application of the Chapter would not constitute an unnecessary hardship as the petitioner would still have an opportunity for signage, although it would be smaller. 3F Staff Report VAR #90-33, Insurance Mart/Two P.C. Partnerships 6875 Highway 65 N.E. Page 6 D: Granting or denying the variance to increase the height of the siqn would not be detrimental to the health, safety, or general welfare of the property or the general public. Variance request #4: To reduce the setback from the property line of a free-standing sign from 10 feet to 4.9 feet. The petitioner is requesting this variance to prevent the two large Green Ash trees at the front of the building from being removed in order for the sign to be visible. The petitioner has located the sign in such a manner to maximize the visibility in working with the site constraints. The elevation portrays a small portion of the east end of the sign will be blocked slightly be one of the trees. A: There are site conditions that prevent the petitioner from meeting the required setback as outlined in the Sign• Code. In addition, the property itself does not meet the setback from the property line. The building is set 20.5 feet from the property line. B: The variance is necessary in order for the petitioner to locate the sign in a location that would be visible from the public traveling on Highway 65 without removing the two mature trees located at the front of the building. C: Strict application of the hardship of the Chapter would require removal of the trees and possibly could prevent the sign from being visible from the public traveling on Highway 65. D: Granting the variance to reduce the required setback would not adversely impact visibility for traffic on the service road nor would it impede any of the neighbors' views across the property. Recommendation Staff recommends that the Appeals Commission recommend to the City Council approval of the variances to allow the construction of a 48 sq. ft. free-standing sign in the R-3, General Multiple Family Dwelling district, to allow wall signs using the formula 15 times the square root of the wall length 3G Staff Report VAR #90-33, Insurance Mart/Two P.C. Partnership 6875 Highway 65 N.E. Page 7 in an R-3, General Multiple Family Dwelling district, and to reduce the setback from the property line of a free-standing sign from 10 feet to 4.9 feet, with the following stipulation: 1. The wall signs shall be located on the south side only of the building and shall not be illuminated. Staff recommends that the Appeals Commissian recommend to City Council denial of the variance request to increase the height of a free-standing sign from 6 feet to 7 feet. A�Aeals Commission Action The Appeals Commission voted unanimously to recommend approval of variances 1, 2, and 4 to the City Council. The Commission voted 2-1 to recommend approval to the City Council of variance 3. City Council Recommendation Staff recommends that the City Council concur with staff's recommendation to approve variances 1, 2, and 4, and to deny variance 3. 3H pIIBLIC HEARING BEFORE THE APPBALS COMMI88ION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, January 8, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #90-33, by the Insurance Mart/Two P.C. Partnership: 1. Per Section 214.09 of the Fridley City Code, to allow a free-standing sign of 48 square feet in an R-3, General Multiple Family Zoning District; 2. Per Section 214.09.02.B of the Fridley City Code, to allow wall signs using the formula fifteen times the square root of the wall length; 3. Per Section 214.10.02.0 of the Fridley City Code, to increase the height of a free-standing sign from 6 feet to 7 feet; 4. Per Section 214.10.02.D of the Fridley City Code, to reduce the setback ( from the property line) of a free standing sign from 10 feet to 4.9 feet; To allow the construction of a free-standing sign and wall signage on the South 95 feet of the North 190 feet of Lots 14 and 15, Brookview Addition, Anoka County EXCEPT the West Twenty- two (22) feet of the South 95 feet of the North 190 feet of Lot 14 AND the North 95 feet of Lots 14 and 15, Brookview Addition, Anoka County, EXCEPT the West Twenty-two (22) feet of the North 95 feet of Lot 14, the same being 6875 Highway 65 N.E. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. CIZ'Y � FRIDLEY 6431 @TIVERSITY AVENIA� N.E. FRIDIEX, l+IId 55�32 (612) 571-3450 •. �� ��� �� • _ . . �� _,� � _ .�� -, � � � v • ,�� ; ;. PA�PERZ'Y II�O�TI�i - site plan r�equirad for sut�aittals: see attaci�ed Address: � 8 7 S �V. �, ti iv �, � S �'�'r d lo y Lagal d�scription: S� � a rT-�`i c�i e a Iat Block Tract/Addition � Qirrent zonir�g: Square foatage/acreage Reason for varianoe arri h���; p: Sec�tion of City Dode: -� .-����,• .�.•,►. .; (Contract Rarchasers: Fee Owners must sign this fozm prior to prooessir�g) NI�ME U P n � 1� ADI�2ESS � � % S /�r' �d �P y SIC�ZURE 31 f��, e nJ o uJ ,/9 n i�a r� y Co ��e y,�.( o c,� e C L }�� 7�7� i T •;��• .�.•.�� .: NAME � icJ S v le a n G nA�n� �� .S � Y 7 5� 5' 7 n� � I �3 a 9 a -/Yl a,� T/ T� o P_ C- ��3 �P TiU P 2 f�� / �ss 6� 7S �v- � h�� S.�w R x 6 S �'I" r�i ��e �I �... /'Y) /1% ,,s S Y 3 a L�AYTIl� PI�ONE �� y 7 5�5i 7 �.�tr.;r4�i1;��1 � ___[ Q�-� U Fee: - - - -- $100.00 r 1� $ 60.00 for residential properties �t�# �a-3� �# 3���y Applicatian reoeivea vy: I,� _� 3- 90 Sc�eduled Appeals daamissioai da.te: �.�, . �'� ���� Sc3�eduled City damcil date: 3J TWO PC PARTNERSHIP 6875 HIGHWAY 65, N.E. FRIDLEY, MN 55432 December 12, 1990 TO: City Appeals Commission and City Council Enclosed is ouc application for a sign variance for our building located at 6875 Highway 65, N.E. in Fridley. I have attached a drawing of the sign for your review. In Segtember 1990, Lowell Pettit, Anthony Coffey, and I purchased this building from Robert Minder, formerly of Suburban Engineering Company. After extensive remodeling, we moved our business, The Insurance Mart, into this building on November 10, 1990. Previously we had operated our business for fourteen years in Columbia Heights. In applying for this sign variance, we are asking for CR-1 zoning, a four foot, nine inch road set back and a seven foot high sign. By approving our request, we would save two trees located in our front yard from being cut down. Please refer to the attached photographs. We are excited about the opportunity of locating our business in Fridley, and plan on becoming responsible business and civic citizens in this community. Thank you for your consideration of this matter. Sincerely, ' / / -___ �/�wr ���,,..�—_; Denny"Phenow nRM[A r i� /� i* � 'v - Y�,� � �� �iu • !'Y _ , r ' 1 rp_ r �� �.� � ' 1 3K N //2 SEC. /3, C/TY OF FR, � I3 ��rl w �• � I� ' � � � r ,. 23 O �` � LOCATION MAP 0 � Y Z � � H I I I e�ee�oa ZONING MAP I �:::� .rti :,F. ��a �� ..avErvvE . • . I «_ � � -'�-�-'�--��.. _ w � ,�......� ..�"" __ __ _ .SuDt71tMN ENGINEERIH6 PNNKIIJ6 LOT g ... . � . � y 4 Y . V T � � � i S�Jr.1:K�• !0 f.�� � � StTE PLAN ff�r��' � �_ h�.1 . � . tirt�" _ - a'p'�x -� ":'�.. •..;' � - ���'- � � �� .CQc �. r. ��: . -.. �'-� 3 . � �, 4 a.._ • ��1 _ _�-. '-�- -' . t , � � ='\i �`1. ^✓� g•�� �. 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' �� � , � � . , A �� ' i i , J.� �--� ---�- � 4,+. . • �- , � � � , � / ' � ' � � � �: � � , � ' f � ----� r , � t ' { � � • , , � � � --- - ----- . � � � • , � , 4 - •---• � � � _ . _�_. _ . ...- - ,� .------ > LEROY SIGNS INC. 535 �0080 ll' �. R. : ��v � � �"^'s q • , !� . `�. .. -` " .: � , �:` _ �� .. ���''` � . �'.:� ' 1 ' , � .�h. � , - _r.: . . �}' �--�. a ��aru - a��� .. ALl Ct1ANtiE� �IUf INITIALEO SY CU3Tt ANO SAl.E�iiAM ON FlNAL APPROYEO P ELEVATION r � � i Community Development Department G DIVISION City of Fridley DATE: January 24, 1991 � �. TO: William Burns, City Manager�}. FROM: SUBJECT: Barbara Dacy, Community Development Director Lisa Campbell, Planning Associate Consideration of Approval of Riverview Heights Purchase Agreement: Iverson Property Attached please find the purchase agreement for the Margaret S. Iverson property in Riverview Heights. The Iverson property is located at 7899 Broad Avenue N.E. and is valued at $78,000. The Iverson property is Parcel 4 on the attached map. Ms. Iverson has received the proper notification of acquisition, the appraisals, the review appraisals, and the written offer to purchase. Ms. Iverson is agreeable to the terms of the purchase agreement and has signed the agreement. The City Attorney drafted and reviewed all changes to the agreement. The term on the Iverson property is $1, 000. 00 earnest money and the remaining $77,000.00 upon closing. Recommendation Staff recommends and authorize the documents. LC/dn M-91-49 the City Council approve the attached agreement Mayor and City Manager to execute all necessary :��� � tZ� �.ti � •' � ic � �' '� :; .' .! o� ` 5 K q l � 4 _�._• e �� .:u-.,. L�iNGFE W ���� ►�Q�,s . �� - •, � ,. , ET . .• � � LLO v �r � � � �� � �. � :c , ,`• � � - �, ��o . „ ._ �8,, y ` 0 3 3 — � .9 , •, ,f �� (• �� j � �.� �t •��,r � � {� {� � :( (J (�i� U .. � i1 ,i u � �"f •' �Z (i� . 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' � � 't- Q��- �, '•\ti`� �'`� � � , � � �„i 7680' � � �` o,.,. ••�` � � - � � ,: ., w ,: : �,��� �� ��� � � � � . • ,; /N) • A � :: , i� � � ► } �' „ • � • � ' �� :.� �e7y . � ,.,,,� •''• 3sr. . � ��'.? � < <I� ` •' p`l �'L' ` .,�. . PARCEL 4 1991 PROPOSED A`G1UISITION �_ =� �''� � �gG8 �,�� �_� �j�� :r gtl �� �) � ' :: � €'� �� � r�. . �e� :�, , PARCEL 5 1992 PROPOSED ACQUIStTlON� �' F� �'` (�) �' A '' . J '�� ��'�1''� ��''� . �BGf,, . • �� \�.�C. , . '� �;'� � �' � �"�. ��� `~ .. �.`'P; � '!'` � "',, � g�� � � ' 0� • � ' '� y ^. t. � 18�. �_ • � '�' f., �'=-' .•*. �� � (��) i t � ^ ,� c� .. � -�, , , , q �: �KEY N ` " � , , �� � ~� �„; o�= �esy �> �p " � � .:� � � ' Fy � � Previously Acquited PropNty �\,`.', y [� �r' ?�'IL . !.c� � � '� � t"� ' y� � ,� `; �\'' 1` -Te� � � Pro ossd Ac uisitions , �� � P 4 , r� � �.�) .j� .7E . \ ` � E"� a +s. : } � �\ C � • �A City Par rop�rtr , .- : ' � \ � � • ` �;:3 � � +�� � i SCale: 1'=2Q0' � ` \ • � �� � � � °� � ,3 � ., � � • o . =� �'��� ' ` � . _ �` \ . `J . i � `. � 34 i � MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT BEFORE YOD USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN �,i��� ATTORNEY TO DETERMINE THAT THIS CONTRP,CT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. �,�a�^,1 M��sc'�-� l�:tc ��•c� h�.l���,�% ��±1�t :,� i � ���/"`� 1. �,PARTIES. This Purchase Agreement is made on a l� , �',�yn ` • jn199 b and between Mar aret S. Iverson,� , of 7899 j'ly � y g � ..,,,, Broad Avenue Northeast, Fridley, MN 55432, SELLER, AND the City of Fridley, a�Municipal Corporation under the laws of the State of Minnesota, �OF 6431 University Avenue Northeast, Fridley, MN 55432, BUYER. 2. OFFER/A�CCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as Lots 22, 23 and 24, Block AA, Riverview H�eights, located at 7899 Broad Avenue Northeast, City of Fridley, County of Anoka, State of Minnesota. 3. PRICE AJND TERMS. The price for the real and personal property included in this sale is Seventy-Eight Thousand and no hundredths ($78,000.00) Dollars by cash which Buyer shall pay as follows: � lj��' Earnest mon��y of $1�000.00 by cash, receipt of which is hereby � acknowledged and $77,000.00 cash on January �, 1991, the DATE OF ��yti,:a CLOSING. 3 ( 4. DEED/MA1tKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed, joined in by spouse, if any, conveying m�irketable title, subject to: (A) Bui]lding and zoning laws, ordinances, state and federal regulations; (B) Rest:rictions relating to use or improvement of the property without effective forfeiture provisions; (C) Rese�rvation of any mineral rights by the State of Minnesota; and (D) Util.ity and drainage easements which do not interfere with exi:>ting improvements. 5. REAL ESTATE TAXES AR'D SPECIAL ASSESSMENTS. SELLER :HALL PAY the real etate taxes due and payable in the year i9yo . BUYER SH[ALL PAY the real estate taxes due and payable in the year of closing. There are no special assessments certified for payment with the real estate taxes due and payable in the year of closing. Seller w�arrants that taxes due and payable in the year 1991 will be FULL homestead classification. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 4C 6. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this Agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer of such damage, during which 21-day period B�yer may inspect the real property, and in the event of such recision, the earnest money shall be refunded to Buyer. 7. SELLER'S BOUNDARY LINE,. ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the . boundary lines of the property. Seller warrants that there is a right of acces's to the real property from a public right-of-way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or contract for deed. 8. DISCLOSURE OF NOTICE. Seller has not received any notice from any governmental authority as to violations of any law, ordinance regulation. If the property is subject to restrictive covenants, Se11er has not received any notice from any person as to a breach the covenants. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. or of 9. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 above and, if mailed, are effective as of the date of mailing. 10. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 11. ADDITIONAL TERMS. See Addendum. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A LAWYER. Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommendations or representation is made by either the listing broker or selling broker as to the legal sufficiency, the legal effect, or the tax consequences of this contract. These are questions for your lawyer. I agree to sell the property I agree to purchase the property for the price and terms and for the price and terms and conditions set forth above. conditions set forth above. SELLER: �j >�!-G,'¢'K �,,��c��-��'�����BUYER: CITY OF FRIDLEY Margaret'8. Iverson (Date �l� (Date BY : . �4��� ���� William J. Nee (Date Its Mayor w�lac... McL�c. Closing shall be at the office of: Name � � BY: Shirley A. Haapala (Date Its City Clerk Address Company/Firm Name � City Zip 4E 71DDENDUM TO PIIRCHASE 1►(3R8E1+IENT This Addendum, dated the (S�� day of �.:4-. , 1991 is made and entered into by Margaret S. Iverson an Weldon L. McGee, wife and husband ("Seller") and the City of Fridley, a Municipal Corporation under the laws of the State of Minnesota, ("Buyer") and amends that certain Purchase Agreement of even date herewith covering property located at 7899 Broad Avenue Northeast, Fridley, MN 55432. 1. Examination of Title. Within twenty (20) days of the date of this Purchase Agreement, Buyer shall (at Buyer's sole expense) conduct an examination of title and notify Seller in writing of any objections thereto. Buyer shall be deemed to have waived any title objections not made within the applicable twenty (20) day period. If any objection is so made, Seller will have one hundred twenty (120) days from receipt of the objection to make title marketable. If Seller chooses not to make title marketable or if title cannot be made marketable within the one hundred twenty (120) day period, then this Purchase Agreement shall become null and void, at the option of either party and all earnest money paid hereunder shall be refunded. If title is made marketable during the one hundred twenty (120) day period, the closing shall take place within ten (10) days of such event or on the date originally scheduled for closing, whichever is later. All payments required by this contract shall be postponed pending the correction of any title problems. If Buyer obtains a title insurance commitment (attorney's title opinion) showing title to the property to be marketable, and if Buyer has Seller listed as an additional insured (protected) party on the title insurance policy (attorney's title opinion), then Seller agrees to execute a warranty deed conveying title to the property to the Buyer. If such a title insurance policy (attorney's title opinion) is not going to be obtained, then Seller agrees to transfer title by a limited warranty deed. If title is transferred by warranty deed and such title insurance policy (attorney's title opinion) is not obtained, then Buyer agrees to hold Seller responsible only for title defects caused or suffered while Seller owned the property. This representation shall survive closing. 2. �losing Costs. Notwithstanding anything in the Purchase Agreement or this Addendum to the contrary, Buyer agrees to pay all closing costs associated with this transaction, including all costs for the following: (a) Preparation of documents; (b) Closing fees; (c) Recording fees; (d) Taxes associated with the land transfer, including Agricultural Fee and State Deed Tax; (e) Title search expenses; and 4F (f) Seller's reasonable attorney's fees. The obligation to pay Seller's reasonable attorney's fees, as set forth in Section 2(f) of this Addendum, s�hall be construed to require Buyer to pay, in addition to all other attorney fees, all the attorney's fees incurred by Seller during the purchase of their new home in Eden Prairie, Minnesota. Furthermore, in no event shall the payment of these attorney's fees by Buyer reduce the amount of the Seller'.s relocation entitlement specified in the letter referenced at Section 4 of this Addendum. 3. ase. Seller shall deliver possession immediately after the expiration of a Lease to be entered into by Buyer and Seller at closing, which Lease will allow Seller to rent the property from the date of closing to and including May 31, 1991 at a preagreed rental sum of $225.00 per month, payable as agreed to by the parties and spelled out in the Lease. The Lease shall contain such terms and conditions as are mutually satisfactory to the attorneys for the parties. All interest, fuel oil, liquid petroleum gas and all charges for city water, city sewer, electricity and natural gas shall be prorated between the parties as of the date of possession. 4. Relocation Costs and Reimbursements. Buyer shall pay Seller's relocation costs. Buyer shall arrange for payments of the following amounts in following manners all of which shall be consistent with the letter, dated December 3, 1990, and sent to Seller by Barbara Dacy, Planning Coordinator for the City of Fridley: $13,500.00 relocation entitlement shall be made in cash at closing. All moving expenses incurred by the Seller to be paid upon receipt by the Buyer of an invoice from Seller showing that such moving expenses have been incurred. All expenses paid by Seller towards the purchase of their new home in Eden Prairie, Minnesota, which expenses shall be paid to Seller after presentation by Seller to Buyer of the settlement statement used in connection with the purchase of that new home. Additional mortgage interest costs to be calculated as the difference between the interest to be paid on the mortgage financing that will be used to purchase the Seller's new home and the remaining interest that would have been paid by Seller on the mortgage financing currently encumbering the Property. The additional -2- mortgage interest costs shall be paid to Seller within a reasonable time after Seller obtains a commitment for the new mortgage and delivers that information to Buyer. Al1 amounts for other "incidental expenses" to which Buyer is entitled, which shall be paid as otherwise agreed to by Buyer and Seller. 5. Personal Pro�erty. Personal property remaining on the property after the expiration of the Lease described in paragraph 3 of this Addendum shall be automatically forfeited to the Buyer. 6. Miscellaneous. Except as specifically modified by this Addendum, the terms and conditions of the Purchase Agreement signed by Seller and Buyer shall remain in full force and effect and be binding upon the parties hereto. This Addendum and the above referenced Purchase Agreement constitute the entire agreement between the parties with respect to this transaction. This Addendum and the Purchase Agreement may not be amended or otherwise modified except by a writing signed by the party against whom such amendment or modification is sought to be enforced. WHEREFORE, the parties have caused this document to be executed on the date and year first above written. SELLER: / . �;��. �-� ' - _ Margaret S. Iverson �! . � �: s �. �• !�) M i� ,y .. Weldon L. McGee BUYER: City of Fridley By: William J. Nee Its: Mayor By: Shirley A. Haapala Its: City Clerk -3- � � / � CiTYOF FRIDLEY MEMORANDUM Municipal C�ntor 6431 Universtty Avenu• N.E. Fridley, MN 55432 (612) 571-3450 Office of the City Manager Wiiliam W. Burns TO: The Iionorable.Mayor and City Council FROM: William W. Burns, City Manager �, ��� DATES BIIHJSCT: January 23, 1991 Purchase of Garry Pierce Property At Monday night's meetinq, I will be recommending that we purchase the property at 6132 Central Avenue N.E. This property is owned by Garry Pierce of Bismarck, North Dakota. Most of you will probably know it as the property next to Northwest Racquet Club. The size of the property is 37,560 square feet. It is a rectangular shaped piece of property, and is approximately 120' x 310'. It is zoned R-1. The terms of the agreement are as follows: 1. The City agrees to pay the seller $38,000. 2. The seller agrees to pay any outstanding special assessments on the property, which are approximately $1,270. 3. 4. The taxes are to be prorated to the date of sale. Possession of the property is to occur at closing. Funding for this project will come from the City's qeneral Capital Improvement Fund. Although no money is specifically budgeted for this purpose in 1991, we do have fund balances that can be used. If Council approves the purchase, they should understand that a check in the amount of $3,800 is needed to cover earnest money requirements of the purchase agreement. The check would need to be issued before the claims are approved at the February 11, 1991, meeting. I recommend your approval of this purchase agreement. WWB:rsc 5A RESOLUTION N0. - 1991 A RESOLUTION APPROVING THE PURCHASE OF REAL ESTATE WHEREAS, Garry G. Pierce and Raren Pierce, husband and wife, residing in Bismarck, North Dakota, are the owners of Lot 5, Auditor's Subdivision No. 88, located in the City of Fridley, Anoka County, Minnesota; and � WHEREAS, the City Council has on previous occasion expressed an intention to acquire this and other adjacent property for the purpose of expanding the City park system; and WHEREAS, the owners of said property have expressed a willingness to sell the above described property to the City for the sum of $38,000.00; and WHEREAS, the City believes that said price fairly reflects the market value of the subject real estate; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the purchase of Lot 5, Auditor's Subdivision No. 88, for the sum of $38,000.00 and authorizes the Mayor and the City Manager to sign an appropriate Purchase Agreement effectuating said purchase. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK '� -� _ :� - CITY OF FRIDLEY . FRIDLEY MUNICIPAL CEhTER • f}i31 UNIVERSITY AVE. N.E. FRIDLEY, MN 55-i32 •(6121571-3450 • FAX (61?1 571-1?R7 DECEMBER 14, 1990 MR. WILLIAM BURNS FRIDLEY CITY MANAGER FRIDLEY, MINN. 55432 RE: MARKET VALUE APPRAISAL OF 6132 CENTRAL AVE. aka PIERCE PROPERTY PIN �13-30-24-34-0002 DEAR MR. BURNS, HEREIN CONTAINED IS A REVISION OF MY APPRAISAL OF THE ABOVE CAPTIONED PROPERTY. THE PURPOSE OF THIS APPRAISAL IS TO ESTIMATE THE MARKET VALUE OF THE FEE SIMPLE INTEREST OF THE PROPERTY AS OF DECEMBER 14, 1990. MARKET VALUE IS DEFINED AS THAT PRICE, IN CASH OR IT'S E(�UIVALENT, AGREED TO BY A WILLING BUYER AND SELLER, FOR A PROPERTY OFFERED FOR SALE ON THE OPEN MARKET FOR A REASONABLE LENGTH OF TIME. THIS APPRAISAL WAS PREPARED TO ESTIMATE THE MARKET VALUE FOR POSSIBLE SALE. ALTHOUGH A COMPLETE APPRAISAL WOULD HAVE INCLUDED A THOROUGH ANALYSIS IN FINE DETAIL, THIS ABBREVIATED REPORT HAS CONSIDERED ADEQUATE DATA TO PROVIDE A REASONABLE ESTIMATION OF THE MARKET VALUE OF THE SUBJECT. BASED ON MY PERSONAL INSPECTION OF THE SUBJECT PROPERTY, AND ON THE DATA HEREI CONTAINED AND ELSEWHERE, IT IS MY OPINION THAT THE MARKET VALUE OF THE SUBJECT, AS OF DECEMBER 14. 1990 IS: 540,400 FORTY THOUSAND FOUR HUNDRED DOLLARS RESPECTF LLY SUBMITTED, LEON MADSEN FRfDLEY CITY ASSESSOR attachment REVISION TO APPRAISAL DATED 4-27-90 PROPERTY AT 6132 CENTRAL AVE. � following is submitted as a revision of the report based on new data availabte. � revision �evises the final value Conclusion and appraisal date. �tion revised: Market Approach to Value. Discussion: REVISION: The original appraisal arrives at a market value indication, for the front 205' of the subject, of 536,000. This section goes on to vaiue the remaining 105' of depth at S1 per sq foot or a12,600. At the time of the originai appraisal, the final development of the adjacent health club facility was in the middle stages of completion. Of major importance, to the subject, was the final disposition of the exterior yard deve►opment of the facitity. The original appraisai took into consideration the potential of a need, by the health club facility, for additional land which was available at the rear of the subject. The resutting final development of the club yard improvements would now considerably diminish this potentiality. Therefore, the valuation of the excess depth portion of the subject is revised. A basis for this adjustment, of necessity due to the lack of good recent similar sales, is made with less qualified foundation, at .35 per sq foot. This is based on oider studies made by the Fridley Assessor's Office and used by them for similar property. 12,600 square feet @.35 = 54400 as value for the excess depth. Added to the originai value of the front 205' of �36,000 resuits in a total ind+cated value for the subiect, as of December 14, 1990 oi: a40,400 FORTY THOUSAND FOUR HUNDRED DOLLARS 5C 5574595 FROM ED1NA REALTY PLVMOUTX OFFICE Edina R�alty.. � •1,23.1991 12�34 N0. 8 P. 2 VACANT LAND PURCHASE AG��T /�rt I�vr� �WMV �� Ihs M�••MhY� N ME�►�pNn M.�N��a.�� A.�nn�a� ot wt � e�e�a nt +�ny Eat �a� a��►'�4 M M a►r a nrsrw �d ws b�M paw �;r\�Lr�� u :•1��� �� l�1 � ►+W t d •�r � .. PIyYs � RECEWEG .O�F. 1r �± � " ki lv�+•:_- �«,:3 ac�a.: ��� .J r ' �l�� : i Cr�4 � �����►c�l . _a�� _..% . . � M. ,, 1�, � c� . u� a �,�ea.+. p�..�++�M M w a�+� on w bea�. ur K�n 5���:��• �.rptE �s e�� mon�r to 6k e�pova0 We^ �P nery nol�ce� btl W � Ov�� dy M�� �ce}wnea M� ln�M �eaouM oi luth�p bWit► eW to be RNnM41u 6v�!r M PYti�p�r 7 Se�Ki. 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L11fD C� ;b r.►�rRjea ounn fi W�vt� �octise M�+DD++Q iOCw�. wXs �OOros W �0 ard uru pW+hQ �'51�+ WNt� �►c�p n �+r�'n noWQ �i b am erx d�s Swe�t luq��dge r+vh �r ro Mwdan wa�+M w�u�0one0 wM�t a w�0e�9'c�d tlo�+li� epic�yipd n rtia P Rase oo�s�sa d P j' i�c� �� n�.�i� �.t � CIAL W�RRANTIES•. SsIW 1�ii"�1' . �':.`(�; ^ . ��- . - - . .. ._ . u � �� {� t• � : . AC�AE6 soW►nE � s w�+y �d . -- • M.9ew� wrRw6 p++� rt�e f�K'�P �NO'T R» d�9na� �00 �c�r IbW P� � '�.� {�, S�: wMtiPAS N Int P�04a�Y ���?r D��reti�W W IhalrnM+t ps. R�r�� A[wc. !KI �r'. /wr��etf .ve tMe� sn0e�d� MA+e�+ aie ��1w � ryan d ns PvCrwe �9'.�'�'�'� �'�' WC� o' Iwf/'� on Ini 7) 8 SMk+ tJ� drMyr • �' � . .. WMrta�h tk�sct �tr�wd 11 Df[0/MARKETA6LE TITLE: NPo^ i��'^'�'� r1P '+N"• _ . � n oY �po�vta. 1� oo^rqi�'�1 �r'�� uU. FqW b �19 IN �++a^D +^d �"'rg �wrs. o�d�w+c+s. t+ee e�m �oew�� ����on•:. (A� Rr�+c�o�+s „�k• v"'�+o�''nat a r�o p�co�Y +� �mnv SG krlA;rr i�Q^s. f�! RrtenMcn al My rtvwd n� M pv S�/�1r d Mrrr�Uto. lD� anC d�u^a9� a�^b"g "p'� �+ noi •�i e� wn� a+g�"fl �f+'MmM+ts. tEl �+ r d t►n�nb •• b0aw cvwas �pec�1. rol wb�x.+ b�v'cus) --... ..�� . . � . _. . .. ... . �1 ��� Ovw� O�f! ot spst�tl o w�w+pl _- _. . ._ r h+rrwi 1n adet�a�.� d rle a r wp�Mw 5� M�E a E,u�nn�tron: &r� +�+�. wwa+ � wa� ��� x�cyp�na� d Ous e0i��a . e6 I�p'N +�"+� tMMra1 w d:►� a n�k4e i/We' W�thoe ca*^"0 W''uuper�. tWt nnd kdw�t �qmaAa NO Ie�+k Yd Iwrd :�ntl pr�dn 5(+ f1�1 �r,uStnM�O Bu1M NW Oo a�bw�d q Dusrwr.► 6�7s a�+ ��+�na k► v�nrwa� d uw ur� msM�rq ��y ot�ictr�rs whC ,on rr►►:k SWr nf� hi�' 10 bWnpst O:�s Mtn u+WO� a{luYc� S wiRN�llltl 5�, ri� he �•xlt .� w�+�ug a��A ratw0 M �y ab�rr+ u w un 11 nucr ;. �@ Ct�q+uCli�r► b np4� M�y�< <I 59�f� utsKGn b�►�awe �W nW/�i.41u '0n d tAr. b��upc� K�K1en d M4 irvt wA►wnw 1p�d�S �r MApltn o0K � OQ fu �h`" ` pa ti„o„rorx nq�wld S��A Ds au�D?^b ��^9 p �,r , v.w ve•hr^� irn► P+,Rnw. Ar�+e•e aa�+g a�s ��""► n nc� sw+ nne e yw�, or a�� w re,a b Naw�+V �� c.o�.� ••M+� v� ��� t��w ki. tna P�rcna,�� Af' tr����v�/ Vu0 h� �x�A r�0 votl. �^S�t++ d D�M�� 0� _'�� h/��� 8"y {r? lMY4.�i� 1►�A!` bC�O'�OR710�t1�1lr'S'MM rW fl�i� �M �"q` ' .r.�.� �-N��y,�� �.p,n/w,y {�►�4�C YYr N�-it+ �LwY�H af 1�kv � YR� �T � M�p tl� wMl� 0;{ 191MIia• AC�'��*9�4 "� ►^7 �',' � lJ�NOI�I�Il11flMiR14Y 1µi�P1Ak• M11Y11.r1�(I� /M� fAid �MIMt (/� {1l�WDY�F+�O"� 1%'1N!'4�M��'�^�r410�j'�.�.J11�-i� �'�iil►Mf�� W�'���i tiYW'i�Y i.lY,i-�I/1fiM i{�L� 65 M►�a.A�MU�f �1"AAGa.''�L+y��wl�ii,,;d�„n,I'�'f�Y'ftirc!*rDCkf?soNYM�'K*Mpl+�O�P�►'�i�"� 4b ao�A�r0.iA0 � M�M 6� � �-�wa��ri+o�y1 Ww �/ .4 n.... fMMr .. . . . .. ... RECEI��[L iPOn t 7A1 :�: 61Q2 B1.=S.19Y1 I:r:? P. / 5574595 FROM EDINp REA�TV PLVMOUTM OFFICE •3.23.1991 12=SS N0. 8 P. 3 VA(�N I �nY rY*1YI /Md� r►v� ��r �A� � a �.� �.,�� . � �► � � � tiQ�f � A REAI ESfATE TAKf! �O��u tr� � '1 abk A Ili! ytA� 1i / � . Tr B���y cn�� pa� �mated irom O�y o1 �� t�th�. �u�no� �r�► oww we.,kw a�+ pr► ."�� ,tr .n Pw Yaa� �y � / ,� k••r •.n�� p.q• rorsi�D �o o� No� . t2MN. �ii. �o�•e �e�� w+.ue avas a��• �r+0 w►r� �+n,�e A anv0uo. er ul�v6Mw tu Ih� ��ev. t��Mq tlAtY SeWr� ���aroe /� in u,c nrnl a�s ck�a�^y eM d ChMyM, M! ��pl fLUt[� p�•• f P��� n 1�Y ��+►4� at �los�ny S �i T(� wes � M1 Oer� a� VM Wi' ��V�}1. M� Oh N01i•r1�iME5TEA4 C�i�Ya1n SM4� NQ�P'� 7' Inr.: n MR �xi�-t,o�ti�^as �d r�wto^ M Inr �� C:IIM�' i��s �' w��r> m wr �n, �nu��ti b+d��K:�r a��u►►+a�w++r�� was .mr�� ►�+e, �o�+a 16 t4r' MNf (rn�A�t ':�+Un�� S�IN� 11�/ AI°'yy5� �yl.� inr ��aY��tNKr� l'�+KW�vj h�0 ��» d•u1+11�i�Wr �hr M.du 41.ax 1y SpEC�AL ASSESSME�S .�+r oC i+� N �� + +. ^ .•^ ~ � r1 OuvE11 ANO SELLEA SIM►.l MO�ATE AS OR tM[ CATE Of �`�� SE�� lfp SNAII MV ON OA^TE O��ION��N �o�► n Oie y�r d Nweq d• �yySnnNr�s Gt �(►;C�7� �t�V'W„t'tb G(st �W �IIh�CM �M tlK` i¢•I �et6x` Wet du! IW fM! !: iU�N iMAll AitUME' �UE� 4MALL M d� W c►wmp �fi a� Kwu� �� M� �s d nv OnM d d�� cr.. . �� ..-. ... . ..� ..� � � as d Mw o��e ul �oa' k,► �.1 �UrER fM�lt ASSUME � l�E� tNAIL MON10E fOR �PAYMCNT �f tpK.4 NW� t pe�d KI W �� �n�wnkn� �►w i,,�e �een aan�a W tnt G+r Cc���a n a� r,�.seawp a,r►+w�wc (5.ik��, BUV4A S�ll n s wu �ER & YH�LL iMY'. �� aia�+� n teo l�1 o,aa v» aw�+wa r�ww+ d tl� �►wsr+�e�e. a �ew ur Maw� q' 9uy�"' % �i ��cwy� � d n� �ii d�h � c►�a p v ar �� i r w�i�u.; �; a 1 Ann p�r,Mran IM y0�a S��^9 �b*u"� uM� Inrwev � d�enr ua►�m ►�tp!'R � �•. �fy'..�rw�C� fM�/���Nf Nae�L+yRh �nfl N�yA.1tWC Nu• Wf"n�'�N 6t .:►✓.i� y rol WMM�w p�ov�dr0 09 +►CCC►T�tr10E: �,.�+ w�s�oro. aM p� rµ� n� f P„�,n�sr �e�^+rr,�„�� w�* �! �' S!M°� Mi ��w'�iic w�r eo a Kcouen 9J 0� t�•�(ft.M�arC k�, ��n� Clbrn�nl: obhyawMif Oi wtn.lyde:. �Ir�'1� 41 MMI r1MCfLt:.11 AQ��C�PlM. l�.Oi �'• c: `„ uM f:��►r: m.ncy Tns ad�.��• o► s� auan s�d morw> +r��i� +r �+� in� usunp ac,�sra oh�r Y: iNSiEC110N: Nurc� Ms mt �p�+ �► +�P�� O�+�r M�w a�u��J y� GENEMI WARR4NT1Ei• 5[ICEp WAIIMNTS T►1AT THE Ou��O+++Gi• �i ANr. ARE ENtIREIY WITMIN TME 80UNO�M LMJfs OF TME y+ PnOPERfY SE��ER w�RRANIi TMAt tHEAE �6 � p►GMi PF ACCESS z0 TN! PROPEf�� fROwt A PuBtJC WG►�T OF wAY.lMkif ��. WARRAN1tE5 SMAII SUAVIVE TN6 DELIV�pV Of THk DtED np CONT11ACi FOR 0lED ;r. SEL�EIi W1�RRA!�TS TMAf pl'1�l)H TO TME CIA:.'N�� �N+1►� PR� M�Ni IN FUl4 iNitl MAVE BEEN MAL1E fOR All t.�90p M�Tf.iiI�LS. �u MFCMiNEfiv. f�afURfS Oi� TOOtf FURN16NE0 W�rMIN TNE 120 OA�6 IMMEOMT��� PR[C�WN4 iME CLOS�NG O�TE IN i1P CONNECIION iYI�H CONSIRUCT�ON, AI.TERATIOH OR RLPAIR Of ANY STNUCTURC ON OR 1N►P/IOvEMENT TO 1Mk PROPERIY. {/� SELIER V/�qRANTS TM�T SE{,LEA MAS NOT RECEIVEO ANY NOR�CE FRO�'� �Y G�RNMENT�I. KJ�NOnITV !�S l0 V10L1►T10N N ��11AT�$ELIEk HASINOT PECf ED ANY HO'��CE FROM ANYEPERSOk OA �41TNOMI f V 5 Ot A BHFJ�CN 0� T E COVLNANI'S ANY �O? 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Op ANV 0►1MEM, MISINO OUi OF Oii pEtJ►TING � ���y TO TME PMVS�G� COND���ON 0� �ME PAOPERTY COVERE� 9Y tHiS �Uf1CM�SE AGAEEMENt HCt1lG�NG WIfMOUT� iw urMAtC POAtiCE�W�M TM�pUlE6,�1�MEN EN [�fECf ADO�EC B� DME AMENiGN AnuilRAtEON �50C� T ON&�ND TNE � ' ��y 6ROKERS?�GENT5CfA11WAE TORAGN EpTO +p�TpATE OE�J�NOT A�F ECI TNE VAl D� YEOF TMIS PURCHAS AGREEMENT� �1� T►uS �ISPUIE RESOWY�ON SrSTlM �5 W+�1' ENiOAClAD� 1f All �AR'nE5 AHD aqOKEitSI�GENTS MAVE AUREEO 1Q� »5 �NlI1NATE AS ACKMOW�CCGEO 8Y � N1L B[WW. �y� �UYEp�E) �ELLEN(f y�,l18tING p110KERi�GENT ��.. SEILING sROKEN+►GEN '_ � . , 1�7 OEFAU�T� a tn�r n nyd�•aCkr n� K a+na�itl a► Mevd�.d Mie�•� �rrl Buydt d!'1iuN M k�} 01 M�c pr�ytnMfS fMrCR1. �iMM'r TIj MtT�nils 1�0 IMS pdC1�A{t: 11��?�mMt i^d iHYT� m�0+� fN�t��rhtC� hr�y M IaM.� MCcr .S�bd� ind AQ�nI. 1L @WJ It5(�'C�w �nl�ilSl� fNY ��r Tta,< .,a �.,�� � �n ear�e �rt►a BwM a s.an a uK v^' �; �wwr w�+„� b� � aascn d �ns �pee�w�* w a+�,� n�t+ � sr»r�ar r�+k,"�r+o� IJp a In� l�Menkrt ryRJ.tik`O Wi �'INCAik111jr� Q� r�rw�MJlt dn0 �NUkI W�''C�+O. i� k+ S{�[�I�c ��MO�nru¢e. Wth iG60n K OOrMK1if.�n! �1 wah�n �r. n+wahf aRe• �F.h 1�1 0� i��n Mf�C % �1? i1ME 0� �:SENGE: �� J d �N �6MfKr in pw I'wthw 11(�r�yinenl � a► i�k�`"� �'v'� 1� � pi n{,�• yN� eo�wAuN �27 EN1qiE �GREEMENT: Ttu PuK�+►� i►prevnwM. �^Y �wtkH m�W� ��ny �O"d 1T.•1 IIK PN i@ 110•Ctl�l�f�id GM+�00�� S�'AM MtQ 8uyff 0�d 6i�pNCM1r�S �n CYIK� NfAIM /t pI� Afj�i�•Rltlfll� hMlAtyn $�:UN .l� A��yr� TMc PWCwk �75 ry�r�rta�w ta� :k n�u1�u�. d� n wrA+g sq�HO br S��w� .rox! �u�a ` s 1I6 oOSiESS�ON: Se�ri sn�p tlouw� p�wr•ti�on o► � a�+w'�r ^a ww' �^+n �ti: I+u�J .L'iK�e .Gti Mir eb�.w+y 1T! �J� rYc�oN. hr+e�v+ro� a�+dcal�Y+ duM�. n�lS (uc� el lqutl µwOkutn pa� �uxt M cM�ry� Id Mr M�IM. cIr iwre�. eMKanCd� lud Ap�B Qi�t �I �� � �Ilpr Ay�rr�t k� mnai! Ali �� u a+raie4 e+s►�wn n�r N��s n, d dA�: C'� kC,N hc m Yw p�'�Y �'Y �titHSOn ef�w 1?9 OFr1�uS lu� At� 1'lnStk.Al Pti��'kPRY N0� INGwOCn � � ���" •� iTIPIJI.ATlS MC OR SME K REPR£SENTING� 170 AQEkCY dSCIOSUPH: �GV�• a�'V- . .... ' "" ' ql iME ti"'II:1� _ IK T�S 7iiANS�CTtON. 71iE LIZTING AGENT 0�1 �ROKER STI�U�uES NE ��� 1]� NEPRESEMTING TME 6E�1lA W T1Ni 111�NSACT�ON. OUV£p ► Sfll.E� IM�TIAI: B.yMs) � (�l _ �„ .. w �an+r� �d i a{�cs a p�ncMf� tlN P�ol+�►Ay la uw P�cr s�d On Nrc 111 1. NK tw�'K a x�r pOprnV �KC+I ��J Cl�1 •�+' 'r w tnn Irr.rr� o���ae• a w,nrbr.v saiA Wai�ny kM� Icims i�W e0�t�a�orr i!� bM a0w4 la!, M`t� tr�t�'. �fk".•. Nrd� � tN1C►w�M.` �� NRi�x�p � �—�.0 rx�. /`23—�9/ 't�i��«�..�J� �... 1,Y ;.... i..r••ar�•^ �� . . � ',C�arr7 riGic.t� %�qJ'.�?tw�r�... ,.,,..., -:..�.. ' ' n..�.•., iir�,�,Ly�, . �..�(�2�� �' � 3 -•90. ... � . ••� � � ° � ,r.� �q rG/�, , P�CV�G wi f e.�, , _.. ....�. �...,,...., .. ,.�...•.. �,1u�c, r.M.�icxrwrr• . ... s���v`c.�r;c�� N� !MK q A �fWU.r AINOMIO CON111ACr Y��MiEEN w•¢�s �NO sc«cns 1 u; �.�,.:, � i, F YOY DtlME ttGl►� OR fA1c A,'fv�CE. CUNiU�I �N �!P�W�u�►���ES��A�� ���'1 �' _F"LO'�.c �% ��.� -���" ��.��::���� �RECEIUEF FRGh 1 7!1 225 i182 01.:5.1991 t:�39 P. 2 DATE: Engineenng Sewer Water Parks Streets Maintenance MEMORANDUM - �� . � William W. Burns, City Manager �(' PW91-16 John G. F1ora,�Public Works Director January 10, 1991 SUB.7ECT: 1991 Public Works Maintenance Capital Outlay Budget - Skid-Steer Loader and Cold Planer In the 1991 Public Works Maintenance Capital Outlay Budget approved by the City Council, there is $23, 500. 00 identified for a Skid- Steer Loader and Cold Planer to improve the street patching and crack repairs throughout Fridley. The specifications have been prepared and we are now ready to advertise for bids. The bid opening will be February 20, 1991, and the recommendation to award the contract is scheduled for the Council meeting of February 25, 1991. The existing Waldon Skid-Steer Loader No. 763 will be traded in. This machine was purchased in 1974. Recommend the City Council authorize the advertisement for bids for the Skid-Steer Loader and Cold Planer to be purchased in February of 1991. MOTION: Motion to approve the advertisement for bids for one (1) Skid-Steer Loader and Cold Planer identified in the 1991 Public Works Maintenance Capital Outlay Budget. JGF/BN/kn � � � F�DL�.Y !O BIDDERS �R AND COLD PLANER Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Ave., N.E., Fridley, NIIJ, 55432, (Tel. 571-3450), on Wednesday, the 20TH DAY OF F88RIIARY, 1991, at 11:00 A.M., for the furnishing of a Skid-Steer Loader Cold Planer. All in accordance with specifications prepared by John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Ave., N.E., Fridley, I�I, 55432, (Tel. 571-3450). Specifications may be examined at the office of the Public Works Director and copies may be obtained for the Equipment Dealer's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for the machine, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition of the City of Fridley, MN, in an amount of not less than 5 percent (5�) of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 28th day of January, 1991. Published: FRIDLEY FOCUS: January 30, 1991 February 6, 1991 February 13, 1991 John G. Flora, P.E. PUBLIC WORKS DIRECTOR • � Engineering Sewer Water Parks Sireets Maintenance MEMORANDUM . TO: William W. Burns, City Manager �� PW91-12 � FROM: John G. F1ora,��Public Works Director DATE: January 10, 1991 SIIBJECT: 1991 Public Works Tree and Stump Removal Contract In the 1991 Public Works Maintenance Budget approved by the City Council, there is $20,000.00 identified for the annual Tree and Stump Removal Contract. The specifications and contract documents have been prepared and we are now ready to advertise for bids from tree removal contractors. The bid opening will be February 14, 1991, and the recommendation to award the contract is scheduled for the Council meeting on February 25, 1991. Recommend the City Council authorize the advertisement for bids for the annual Tree and Stump Removal Contract. MOTION: Motion to approve the advertisement for bids for the Tree Removal Contract identified in th.z; 1991 Public Works Maintenance Budget. JGF/BN/kn 7 / � FWDLF.Y NOTICB TO BIDD8R8 1991 PIIBLIC IIORRS TREB l�i1dD BTIIMP REMOVAL CONTRACT aaled bids will be received and publicly opened by the City of ridley, Anoka County, Minnesota, at the office of the Public Works irector, 6431 University Ave., N.E., Fridley, l�i, 55432, (Tel. 71-3450), on Wednesday, the 14TH DAY OF FEBRIIARY, 1991, at 11:00 .M., for the furnishing of the 1991 Public Works Tree and Stump :moval Contract. � till in accordance with specifications prepared by John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Ave., N.E., Fridley, I�IIJ, 55432, (Tel. 571-3450). Specifications may be examined at the office of the Public Works Director and copies may be obtained for the Tree Contractor's individual use by applying to the Public Works Director. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 28th day of January, 1991. John G. Flora, P.E. PUBLIC WORKS DIRECTOR Published: FRIDLEY FOCUS: January 30, 1991 February 6, 1991 February 13, 1991 7A Englneer�ng Sewer Water Parks Streets Maintenance MEMORANDUM ���� �: William W. Burns, City Manager �� PW91-28 � FROM: DATE: 8IIBJ8CT: John G. Flora, Public Works Director January 24, 1991 Receive Bids and Award Contract for Well No. 12 Booster Station Project No. 216 We have received the attached recommendation from HNTB for the modification work for Well No. 12 Booster Station Improvement Project No. 216. HNTB recommended A& K Construction, Inc., low bid for base bid, pressure activated valve, Alternate No. 1, water monitoring meter and Alternate No. 2, valve type, for a total of $12,826.00. � The project consists of the Booster Station piping modifications to include the pressure relief valve and the water monitoring meter. The 1990 Water Utility Capital Improvement Budget approved by the City Council, there is $13,000.00 identified for the modification to Well No. 12 Booster Station. Recommend the City Council receive the bids and award the contract to A& K Construction, Inc. for a total of $12,826.00. JGF/BN/ts Attachments � � � FRIM�Y NOWAR� N6i�li9 TAMMEN C�EFIOENOOFF G'(�J Franc�c � A AqCMITBC'rtB 6NOINEERS PLANNERS .�tYrtut Soutb lurte 1GG January 23, 1991 Mr. John G. Flora Director of Public Works City of Fridley Civic Center 6431 University Avenue NE Fridley, MN 55432 Re: Well No. 12 Booster Station Improvements Dear Mr. Flora: .Nru»w{pc�lu. .11innesuk? ss�sx � 612) 93p-4C(�G HNTB has campleted its review of the bids for the above-referenced project. We reconunend that the project be awarded to A&K Construction, Znc. We futther recommend that the City of Fridley accept b�th Alternates No. 1 and No. 2. 'There£ore, the project shUuld be awarded for the total amount of 512,826 as follows: Base Bid: Alternate No. 1: Alternate No. 2: 9,477.00 +3,649.00 - 300.00 �12,826.00 Yf you have any questions regarding this submittal, please feel free to call. Sincerely, HOWARD NEEDLES TAMIVIEN & BERGEI�'DOFF � � � �► \ Thomas A. Roushar TARivw �a►os�art�...xia.. _�' P��ew��� CM���� T H�nn.y�n PG 7�^�N J. OD�OM °E. JOnn �. �CttPn �!. Ir��e�� Y. ti.� �_. weoo�: 6�'S^'�� �G. OP�.��a A Or�•N �E. w. .oT �:.� �e.�. Oaw�c G Nrr P!. �Y��� 4 T�[�.a .X �^�^ ��C^+ OC C.'. 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Y.. ��. �K. w+....eM!M v� � O � Q � a 0 a � Q � � W � g m � � Z m J J W � G � a T � N � �� � Z � U W � � � z � > 0 � � � � � cC � � a z � Q � � � Z W � .�. .� g g g 0 0 � � °o °o °v� c°h W � � � � � z � :r. �. � °o °o °o °o °o r" � � � M m � :w � a � � � v � Z ,¢ 'W J � O O O O O O O O O O o � o c�i � �' o v_ m o� � m � � � v� w w a m 0 Z m` !o: � � � � � ;m >_;'.;: c.i !�' c � ;O V'; o c c c '>Q; � � v_' - o m c, H: ' � Z �, � 3 .� � ;U' �,�j c � � ` a`s U ~ g ° E x ,'� � c V at� `� a�j C ¢ a � a a . � � FIRE DSPARTMSNT Y � � • �i:�;�•i�1 � 91-1-5 �A. �o MEMO TO: WILLIAM W. B�RNB� CITY MANAaERr�• FROM: ROBERT D. ALDRICH, FIRF CHIEF �c_.,✓z�Z / DATE: JANOARY 17� 1991 SIIBJECT: CHANGE ORDER - NEW FIRE APPARATIIS When the pre-paint inspection of the new fire apparatus was made it was felt necessary to add two minor changes to the truck. I discussed with Rick Pribyl how best to handle these changes. He advised me that as the changes are a part of the truck it is best that they be handled as a change order. I have attached a change order adjusting the contract price and recommend approval by the City Council. RDA/ss �--�,�,. �''. _ CITYOF FRI DLEY • � FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612> 571-1287 January 17, 1991 Boardman Fire Equipment 1401 SW llth St. Oklahoma City, OK 73108 Gentlemen: BUBJECT: CHANGE ORDER # 2- BPECIFICATION FD 90-1 You are hereby ordered, authorized, and instructed to modify your contract for the 1250 GPM Pumper/Tower by adding the following work: Addition• ITEM 1. Add two (2) 32 candlepower rectangular lights below red lights over outrigger. Control from master electrical switch on rear operator's panel. 2. 3. Add two full length dividers at edge of pedestal base. Delete license plate bracket. TOTAL ADDITIONS Original Contact Amount Contract Additions - Change Order No. 2 REVISED CONTRACT AMOUNT AMOUNT $22s.00 206.00 - 15.00 $419.00 $206,322.00 419.00 5206.741.00 Submitted and approved by Robert D. Aldrich, Fire Chief, on the 17th day of January, 1991. Prepared by Checked by Boardman Fire Equipment Changer Order #2 January 17, 1991 • �� � Robert-D. Aldrich, Fire Chief Approved and accepted this day of , 1991 by BOARDMAN FIRE EQUIPMENT Mel Lomax, Sales Manager Approved and accepted this day of , 1991, CITY OF FRIDLEY William J. Nee, Mayor William w. Burns, City Manager 10 FIRE DEPARTMENT MEMORANDIIM 91-1-6 � /, . �� MEMO TO: WILLIAM W.�BIIRNB, CITY MANAGER �• ` FROM: ROBERT D. ALDRIC$� FIRE CHIEF �N `� DATE: JANUARY 22, 1991 SUBJECT: MNDOT AGREEMENTS Enclosed are copies of the standard agreement MnDOT requires for the installation of the Emergency Vehicle Pre-emption (Opticom) system. This agreement is for the installation located on 61st & University, 69th & University and Osborne Road & University. The estimated cost of $4,475.00 is available in the Capital Improvements allocation for this project. I recommend the City Council approve the agreements and authorize the signing of the agreements and disbursement of $4,475.00 Thank you for your assistance. RDA/ss Attachment !*�NNESOr'9 � ZO r a ~ � ;��''oF TaP��� Minneaota Department of Tranaportation Metropolitan Dist�ict Transportation Building St. Paul, Minnesota 55155 � . �� 1 ��,A� Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 6 4 3 i v.v� ��E.e s�� > �9��L .�.E �2�>L� � � `�7.c/ S S43 Z:�� Reply to Telephone No �/;`�9, �'9/- 4G4 3 crrY�: o� ���o�E r ATTII�TION : -J c,4,v .��'. jL �' E' � sr�� ��cr: L' Z t�s �r f�� s!7 �,c�ar rx�. • � 7 9 z � TYPE OF AGRE�IT: T�A�f� C�'n-v ;.�r- � �•� � �����L l. The oriqinal and Z copies of this agreenent must be signed by the appropriate city�eee��- off icials. Must bear the city's/oe�s seal. 2. _�� copies of the city's�e�s resolution designating officers to execute the agreement must be certif ied, including seal . 3. When this agreement'becanes fullv executed, one of the copies will be returned to the city/ee�� Kindly return the executed agreenent and resolutions to: -�d-u �z � St� C. Bucko Agreement �ecialist Minnesota Deparbnent of Transp�rtation 5801 Duluth Street Golden Valley, N�1 55422 _ - ---� � �- / � MINNESOT� 1990 An Equal Opportunity Employer �ATIOIr DEPARTMENT 20L SIGNAL AGREEMENT NO. 67929 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF FRIDLEY FOR � . Installation of E�nergency Vehicle Pre-emption at the existing Traffic Control Signals on Trunk Highway No. 47 (University Avenue) at 61st Avenue Northeast, 69th Avenue Northeast, County State Aid Highway No. 8(Osborne Road) and 81st Avenue Northeast in Fridley, Anoka County, Minnesota. C.S. 0205 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE City of Fridley S4.475.00 AMOUNT ENCUMBERED None Otherwise Covered 10C �REEMENT made and entered into by and between the :a, Department of Transportation, hereinafter referred to as the "'State"', and the City of Fridley, hereinafter referred to as the MCity", WITNESSETH: WHEREAS, the State has determined that there is justif ication and it is in the public�s best interest to install emergency Vehicle pre-emption at the existing traffic control signals on Trunk Highway No. 47 (University Avenue) at 61st Avenue Northeast, 69th Avenue Northeast, County State Aid Highway No. 8(osborne Road) and 81st Avenue Northeast; and WHEREAS, pursuant to Minnesota Statutes Section 161.39, the Commissioner of Transportation may upon request provide technical and engineering advice, assistance and supervision to any county or municipality; and WHEREAS, the City requests and the State agrees to provide Emergency Vehicle Pre-emption Systems, hereinafter referred to as the NEVP SystemsN, as a part of the existing traffic control signal installations in accordance with the terms and conditions hereinafter set forth; and WHEREAS, the City and State will share in the cost, construction, revision, maintenance, operation and removal of the EVP Systems as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City with its own forces and equipment shall provide and install the cables, detectors and lights for the EVP 67929 -1- 10D �ntrol signals on Trunk Highway Avenue Northeast, 69th Avenue Northeast, County State Aid Highway No. 8(Osborne Road) and 81st Avenue Northeast, all at its own cost and expense. 2. The cost of all labor, materials, and equipment rental required to complete the EVP System work, shall constitute the actual NConstruction CostN and shall be so referred to hereinafter. 3. The State with its own forces and equipment shall provide and install the EVP Systems control and interface equipment for the existing traffic control signals on Trunk Highway No. 47 (University Avenue) at 61st Avenue Northeast, 69th Avenue Northeast, County State Aid Highway No. 8(Osborne Road) and 81st Avenue Northeast. Estimated Construction Cost is $4,475.00. City�s share is 100 percent. 4. Upon execution of this agreement and a request in writing by the State, the City shall advance to the State its share of estimated Construction Cost. 5. Upon final completion and computation of the actual Construction Cost, that amount of the funds advanced by the City in excess of its share will be returned to the City without interest and the City agrees to pay to the State that amount of its share which is in excess of the amount of the funds advanced by the City. 67929 -2- 10E 6. The EVP Systems provided for in Paragraph 3 hereof shall be installed, operated, maintained, revised or removed in accordance with the following conditions and requirements: a. All modifications, revisions and maintenance of the EVP Systems considered necessary or desirable, for any reason, shall be done by State forces, or, upon concurrence in writing by the State�s Traffic Engineer, may be done by others all at the cost and expenses of the City. b. Emitter units may be installed and used only by vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the State�s Assistant District Engineer or his duly appointed representative a list of all such vehicles with emitter units. b. The City shall maintain and require others using the EVP Systems to maintain a log showing the date, time and type of emergency for each time the traffic control signals covered hereby are actuated and controlled by the EVP Systems, and that said logs shall be made available to the State upon request. 67929 -3- �� c. d. 10F of the EVP Systems shall be �..r.._ ___ __ the State immediately. In the event said EVP Systems or components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b. above are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the State, the State shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to the Paragraph, the field wiring, cabinet wiring and other components shall become the property of the State. All infrared detector heads and indictor lamps mounted external to the traffic signal cabinets will be returned to the City. The detector receives and any other assemblies located in the traffic control signal cabinets, which if removed will not affect the traffic control signal operation, will be returned to the City. All timing of said EVP Systems shall be determined by the State through its Commissioner of Transportation. 67929 -4- 10G 7. Upon proper execution by the City and the State, the EVP Systems for the existing traffic cor►trol signals on Trunk Highway No. 47 (University Avenue) at 61st Avenue Northeast, 69th Avenue Northeast, County State Aid Highway No. 8(Osborne Road) and 81st Avenue Northeast shall become a part of Signal Maintenance Agreement No. 1887-R between the City and the State covering operation, revision, maintenance and removal of the EVP Systems by State forces at the cost and expense of the City. 8. Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the City, and any and all claims that may or might arise under the Worker's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged in any of the work contemplated herein shall not be the obligation and responsibility of the City. 9. Any and all persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the State, and any and all claims that may or might arise under the Worker�s Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged in any of the work 67929 -5- contemplated herein shall not be the obligation and responsibility of the State. 6'7929 -6- 10H CITY OF FRIDLEY APPROVED AS TO FORM: BY City Attorney Mayor (City Seal) By City Manager STATE OF MINNESOTA STATE OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Assistant District Engineer Operations Division APPROVED AS TO FORM AND EXECUTION: Assistant Attorney General - State of Minnesota 67929 -7- 10l DEPARTMENT OF TRANSPORTATION By Assistant Commissioner Dated DEPARTMENT OF ADMINISTRATION By Dated 10J RESOLUTION BE IT RESOLVED that the City of Fridley enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For installation of emergency vehicle pre-emption at the existing traffic control signals on Trunk Highway No. 47 (University Avenue) at 61st Avenue Northeast, 69th Avenue Northeast, County State Aid Highway No. 8 (Osborne Road) and 81st Avenue Northeast in accordance with the terms and conditions set forth and contained in Agreement No. 67929, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the�City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Anoka City of Fridley I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Fridley at a duly authorized meeting thereof held on the day of , 1991, as shown by the minutes of said meeting in my possession. (Seal) City Clerk � _ � 11 Community Development Department G DIVISION City of Fridley DATSs January 23, 1991 TO: William Burns, City Manager�A' FROM: Barbara Dacy,�mmunity Development Director Lisa Campbel�;�(..Planning Associate SUBJECT: Resolution Requesting the State of Minnesota Maintain S.C.O.R.E. Funding as Originally Prescribed by the Legislators On December 20, 1990, we met with City staff and Anoka County staff persons, Tim Yantos and Carolyn Smith. You were present at this meeting and know we forwarded our concerns about the year-to-year uncertainty regarding County funding. We requested that the County look at establishing a reliable funding source. At that time, the funding proposal released an estimated $82,433 to the City of Fridley for 1991. On January 2, 1991, at the insistence of Commissioner McCarron, the County would only agree to pass through S. C. O. R. E. funds the County has received. This amount is roughly $350,000 for the first six months of 1991. The estimated grant amount to the City of Fridley for the first half of 1991 is $41,216.50. Staff believes that this development demonstrates that the need to protect S.C.O.R.E. funds is urgent. Staff Recommendation Staff, along with the Environmental Quality and Energy Commission, recommends that the Council approve the attached resolution requesting that the State of Minnesota maintain the current funding formula under S.C.O.R.E. If approved, staff recommends forwarding this resolution to the Anoka County legislative delegation under a mayoral letter. LC:ls M-91-48 11A REBOL�TION NO. - 1991 A REBOLIITION REQIIESTING THE STATS OF MINNESOTA MAINTAIN B.C.O.R.E. FIINDING AS ORIGINALLY PRESCRIBED BY TSE LEGISLATIIRE WHEREAS, the City of Fridley, in 1985, implemented a comprehensive solid waste abatement program, including curbside collection, a drop-off site, a yard waste transfer site, and an office paper recycling program; and WHEREAS, the City of Fridley has abated approximately 5,200 tons since 1985; and WHEREAS, the City of Fridley recently acted to establish a fee for its solid waste abatement program; and WHEREAS, the City of Fridley intends to distribute containers for curbside recycling collection city-wide in 1991; and WHEREAS, the Minnesota State Legislature passed the S.C.O.R.E. bill in 1989; and WHEREAS, this legislation placed a 35� reduction goal by January 1, 1994, on the Seven County Metropolitan Area; and WHEREAS, the metropolitan municipalities will play a critical role in meeting this goal; and WHEREAS, this legislation required a 6� sales tax be placed on waste hauling service to pay for a portion of the programs mandated under this legislation; and WHEREAS, Anoka County distributes S.C.O.R.E. funds to the municipalities for their use in abatement programs; and WHEREAS, the municipalities are dependent on these S.C.O.R.E. funds as budget revenue from Anoka County, in order to fund waste abatement programs; NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley requests the State of Minnesota maintain the existing funding formula under S.C.O.R.E. and maintain current levels of funding to metropolitan counties. BE IT FURTHER RESOLVED that the City of Fridley requests that the State of Minnesota distribute the S.C.O.R.E. funds for solid waste abatement programs as the originally prescribed purpose under the Legislation. 1�B Resolution No. - 1991 Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY HAAPALA - CITY CLERK Eng�neenng Sewer Water Parks Streels Maintenancc MEMORANDUM �� TO: William W. Burns, City Manager p,� PW91-9 A� FROM: John G. Flora, �lublic Work Director Mark A. Winson, Asst. Public Works Director � Jon Thompson, Construction Inspector & Estimator DATE: January il, 1991 BIIBJECT: Corridor Maintenance Project No. 217 This will be the third (3rd) year of the Corridor Maintenance Project. In previous years the contract ran for seven (7) months, from April 15 to November 15.and throughout most of the growing season, weekly cutting was necessary to meet the specified lengths desired. In 1988 the contract was let for $36,000.00. In 1989 the contract went for $32,000.00. For 1991, the City Council has only budgeted $19,089.00 for this project. On January 10, 1991, we met with Dan Laing of MnDOT, the Maintenance Supervisor for this region. We discussed the University Avenue Corridor Maintenance needs and came up with the following plan for this year. The City of Fridley will let the Corridor Maintenance Project for the time frame of April 15, 1991, to August 1, 1991. This will include the spring clean-up, weed killing applications and mowing. MnDOT will then maintain the corridor from August 1 until the end of the growing season on a more frequent schedule than normal, hopefully grass cutting twice per month. In the specifications currently being prepared, we will have two separate bid items, one for the University Avenue and one for the East River Road areas. This process will allow us to be able to decide which portions to award to stay within the budget restraints if the bids are more than that allocated. JGF/MAW/JT/kn 12 / � �� 12A REBpI�TPI�i 1�U. - 1991 •�s. • � •. •��i�::,�• s � �• •.� � s i�, •.� � • •i- i� •1•1�,]1- � � � � :�f•� ;17 �51 '�1• : ��_ •�1•�• ��• • r• � �1 r� �+- ..• } • �8, the o�nstruction of oertain ing�rovem�nts is deemed to be in the iritex�est of the City of F�idley ar�d the property vwners affected thereby. I�7W, T�RE, BE IT RE80LVED'by the City Oau�cil of the City of FYidley, Anolm Caunty, Minnesata as follvws: 1. 'Itsat tne follawir�g ing�rov�nents prq�osed by owncil Re.solutioa�.s are hereby ozdered to be effec.•ted and oouq�leted as required: •• ;�; ���.� y►: �,�4�,r; ,!�= {;•�_ 1�.� • 2. The plans arid specifications prepared by the Public Works Director for such i.�rave�ments are hereby approved ar�d shall be filed with the City Clerk. Zhe Public Works Direc,�tor shall acoordirigly prepare ar�d cause to be inserted in the official npwspaper advertis�nents for bids upon the making of such inq�rove�nents urYier suc� appraved plans ar�d specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the woork to be done ar�d will state that the bids will be opened arxi oonsidex�ed at 11:00 a.m. � the 27th day of �'eb�vasy, 1991, and that no bids will be oonsidered unle.ss sealed arxi filed with the Public Works Director. That the advertise�nt for bids for QORR�OR PlbD�7DGT N�. 217 shall be substantially in the starxla�d form. PASSID AI�ID ADOPTID BY 'I� QTY QOi�IL OF T� CITY OF FR'mLEY ZiIIB 28'IZi nAY OF .TANiJARY� 1991. WIIZ,IAM J. NEE - N�YOR A'ITF�'T: n- r. . .. « �. 12B . �- . : „,;�.._ ..,.,. ...�. ,. . �, ,. �- .. J Sealed bids will be Y�eceived ar�d publicly ape.r�ed by the City of FYidley, Anoka Oaunty, Minnesota, at the offioe of the Public Works Directflr, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Te1. 571-3450) oaz the 27th day of February, 1991, at 11: 00 a.m. , for ti�e furn; �+; � of w�rk at�d materials for QO�RIDpR 1�II�TI'II� PROJELT #217. 57 A�res Mowirig, tri�ning and other maint�enanoe as specified. All in aocordanoe with plans and specifications prepared by John G. Flora, P.E., Public Works Director, FYidley City Hall, 6431 University Avenue N.E., Fridley, MN 55432 (Tel. 572-3550). Plans ar�d specifications may be examined at the offioe of the Public Works Direc�tor ar�d oapies may be abtained for the dontractor's individual use by applying to the Public Works Direct.or. Bids must be made on the basis of cash payment for wnrk, arid aooca�anied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable withaut corr3ition to the City of Fridley, NIl�1, in an amount of not less than five (5�) per cent of the total am�ow�t of the bid. `Ihe City reseYVes the right to reject any and all bids and to waive any informalities in any bids reoeived withaut explanation. No bid may be withdrawn for a periai of forty-five (45) days. By order of the City �il of the City of �idley, Mfinnesota• Dated the 28th day of January, 1991. John G. Flora, P.E. PUBLIC WI�RI�S DIRECPOR Published: FYidley Focu.s Construction Bulletin February 6, 1991 FebrvaYy 8, 1991 February 13, 1991 Febn�aYy 15, 1991 Feb�y 20, 1991 Febn�aYy 22, 1991 IEngfneenng �Sewer Water Parks IStreets Maintenance MEMORANDUM w r l`� TO: William W. Burns, City Manager �!' PW91-27 ,[ �� FitOM: John G. F1ora,IPublic Works Director DATE: January 23, 1991 SIIBJECT: Resolution for Lake Pointe Development Maintenance Project No. 218 Attached is the resolution orderinq improvement, approval of plans and advertisement of bids for Lake Pointe Development Maintenance Project No. 218. This resolution is beinq provided for execution by the City as directed by the Fridley HRA at their January 10, 1991, meeting. This will be the fourth year of this program and wiii cover all maintenance of the forty-four (44) acre site. Recommend the City Council approve the attached resolution. JGF/kn Attachment �3 � f�� 13A RESOLIITION NO. - 1991 REBOLIITION ORDERINa IMPROVEMENT� 1�iPPROVAL OF PLANS 71ND ORDERINQ� ADVERTISEMENT FOR BIDB; L�i10E POII�IITE D$VELOPMENT MAZNTENANCE PROJECT �TO. Z18 11HEREAB, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as required. LARE POINTE DEVELOPMENT MAI�TT$NANC$ pROJBCT NO. 218 2. The plans and specifications prepared by the Public Works Director for such improvements are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under 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 done and will state that the bids will be opened and considered at 10:30 a.m. on the 27th day of February, 1991, and that no bids will be considered unless sealed and filed with the Public Works Director. That the advertisement for bids for LAKE POINTE DEVEIAPMENT MAINTENANCE PROJECT NO. 218 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY T8i8 28TH DAY OF JANUARY, 1991. William J. Nee - Mayor ATTEST: Shirley A. Haapala - City Clerk 13B .. ..- . : ,...�..: , .- -. . . - . �, . . �� ��: �,�4�,�: ,!!: ?;.i 1�i� Sealed bids will be �ived azxi publicly tip�x�ed for the HI2A by the City of Fridley, Anoka C7a�uzty, Minr�ota, at the offioe of the Public Works Direct.or, 6431 University Avernie N.E., FYidley, Miru�so�ta 55432 (Tel. 571-3450) on the 27th day of FE�,RY, 1991, at 10: 30 a.m. , for the fi�rni chi m of wurk arxl materials for I� POIIJI'E D�VIIDPl�TP 1�TNi'�Il� PA0�T8�.T �218. 44 Acres Mowir�g, trimnir�q arid otller mairitenanoe as specified. All in acoon�ar�oe with plans arid s�ecificatioaLS pre�ared by Jahn G. Flora, P.E., Public Works Direc�t-.or, Fridley City Hall, 6431 University Avenue N.E., Fridley, MN 55432 (Tel. 571-3450). Plans arid specifications may be ex�mined at the offioe of the Public Works Director arrl oo�ies may be abtained for the Contractor's individual use by applying to the Public Works Director. Bids �ust be made on the basis of cash paymer�t for w�rk, ar�d a��ied by a cash deposit, oertified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable witho�ut oonditioaz to the City of FYidley, NIl�T, in an amo�mt of nat less than five (5�) per aent of the total amamt of the bid. 'Ihe I�2A resexves the ric�t to reject ariy ar�d all bids ar�d to waive ariy informalities in ariy bids reoeived withcut explanation. No bid may be withdrawn for a period of forty-five (45) days. By order of the i�2A of the City of Fridley, Minnesota. Drated the lOth day of January, 1991. Published: Fridley Focu.s FebruaYy 6, 1991 Febniaty 13, 1991 Febnlary 20, 1991 Jd�ui G. Flora, P.E. PfJBLIC Wt�ZKS D�R Oonstruction Bulletin Febn�ary 8, 1991 FebnlaYy 15, 1991 FebYVaYy 22, 1991 Engineering Sewer Water Parks Slreets Maintenance MEMORANDUM � TO: William W. Burns, City Manager ��' PW91-23 FROM: John G. Flora,�'birector of Public Works Mark A. Winson, Asst. Public Works Directorly� DATE: January 23, 1991 BIIBJECT: MSAS Designation for Riverview Terrace The City of Fridley, under current rules, is 1.15 miles under the limits for MSAS designated streets. The attached resolution designates portions of 79th Way, Riverview Terrace and Kimball Street (1.0 miles) as a MSAS route subject to the approval of the Commissioner of Transportation. The designation will allow the City to collect state funds for maintenance and improvements to the streets. Request the Council favorably consider the attached Resolution at the January 28, 1991, Council meeting.. JGF/MAW/kn Attachment 14 � C17YOF FWDL.EY 14A RESOLIITIOW �i0. - 1991 RESOLUTiON EBTABLISHINC� lttJiTICIPAL BTATE AID BTREETS 11HEREAB� it appears to the City Council of the City of Fridley that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of the Minnesota Laws of 1967, Chapter 162. NOW, THEREFORF, BE IT RESOLVED by the City Council of the City of Fridley, County of Anoka, that the streets described as follows, to-wit: Municipal State Aid Street No. ?9th Way - Riverview Terrace to Alden Way Municipal State Aid Street No. Riverview Terrace - 79th Way to Kimball Street Municipal State Aid Street No. Kimball Street - Riverview Terrace to East River Road be and hereby are established, located and designated the Municipal State Aid Streets of said City, subject to the approval of the Commissioner of the Minnesota Department of Transportation. BE IT FIIRTBER RESOLVED, that the City Clerk is hereby authorized and directed to forward two (2) certified copies of this Resolution to the Commissioner of the Minnesota Department of Transportation for his approval of the designation of said streets, that the same be constructed, improved and maintained as the Municipal State Aid Streets of the City of Fridley, to be numbered and known as Municipal State Aid Streets respectively. PA88ED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF JANIIARY, 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK I �2 3 4 S s ,�, .... .. � _ . .... ;� ,,, 14 B ���... � ,,�.,. � - \�,� L � �,-���..��' �- �ITY OF FRIDLEY � - � w � � �-+- YIORA COUIITY, rinMCSOr� � s��;� : `�-� °' �'�>��,i��. ;?•, ;, , (— VOTING SC.�IOOL , � � ,i ... � u./��. 1 A i� � �•�a: .� �l M��� IY�MY1bl r� v,/ �a-�` "';,;�� � ,,, � i DISTRICI'S DISTRICTS �'�,�3y��;�,����.,,�;l;i ; .�o... �,..... � .w �\�>J��.��v.n�i'��:����'a'` �� :.`�`�..� �.se.� �'� . _J � � •• J � ) � _: w) J; j . �) . ^� ;I � ww�w� <r �o. :i'M nw. f�.aM 1 �� � I \,��..` .��. j^ 7 � � � ��. J � �fl I � w� � :e: �ii w. n I �` G�� \�\� "�' `�� . ��?,�d,l�:� �:I ww � ru� C�. .n �� .:�... . � v: �� --- _ � — �� ._.�.�.. �:. .�;. ,� � n =�--=--- ,� �_: - �_,� 1 i � �' �t ... .L,a s �}�! ., __ � . .. ,� � . ; _ r ........ '" J,. .•'�J.��� f �c 1�,\ � i . 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J� \ �i S1 �� I : .l� , ~ ` �' � p �� ';:�� i �r• � � r - � a � `�, ( ��� ( � '� � I 1 � .LJ i ' � � -• c .C.�:L: � t, � "'� �. R n, +I�i1-t�.�''' � � Gu p ^•' e b r.,.�i• ��' s'as' ���, I � �� y Qa •.F:t. 2:1: _ _ � � � � ° �1�`� " • '�_� "iti`�t+ �:' �i r ' yJy�JJ 1 ti+ :.� J ` ...,;'i�.�r � � � � I��J�y ` �.� � t C q, ��_��: �:1��i � "`` �^ I �V —�_,r� i� 1 e�o.i. �"�� .�+ Q�^+ � �O ./"`---� � � ..��:_u � KE o LJ C,�ol,�w�. � � _ `i =_ =" :'•�� ,� s� �} Qoi 1 wl[`� �C .s�'� �j�11� I. 3 ' oO�E �' J -- ]1 . / '�e � ` .. � �W p i r N , _y': - r�r � � e - - � e o c � '. _ � y • ♦ .: : . . . •A / r.a _C' �a � �� I � 1 •f . � n `�f� , n`��u_";f ^`�4 / %y �` ' �`,^'�4i71 � cV... � j� e:1 / � r,':����!? }' �'•.� � ,C i �� _ . � `� { O �t��w?`7C , f...j�:?� � ;j � I � �i �n����;'��;� �� / o ,�.r es.- --' � s.a_ ��P I 1 I� � // � ',n��,���;���� �%'k,c�,�i�l,'••l . /c W l;i'�;�;i'i�r 7• a l _�— �; _ � � �� � � �� — — �� ---- �,�--�_1, � u� .�_�� _ � � � a �, �;: , -_ � - �- �� � ���1 !���a �;,�I Engineering Sewer Water Parks Slreets Maintenance MEMORANDUM �� TO: William W. Burns, City Manager �� PW91-24 FROM: John G. Flora,`Director of Public Works Mark A. Winson, Asst. Public Works Director�� DATE: January 22, 1991 SIIBJECT: Highway 65 Improvements between 52nd and 53rd Avenue 15 The Minnesota Department of Transportation will be improving Highway 65 from 45th Avenue to 53rd Avenue this summer. Improvements include the addition of turning lanes, signal improvements and median reconstruction. The City has been requested to participate in the costs attributable to signal enhancements, sidewalk reconstruction, engineering and traffic control. Additionally, the City has requested and required to pay for the use of red brick in the medians and durable pavement markings. The 1991 Capital Improvement Budget provides $80,000.00 for this improvement. Preliminary estimates from MnDOT indicate the City's share of the cost will be approximately $40,000.00. Request the City Council consider the attached Resolution at the January 28, 1991, Council meeting supporting the project. JGF/MAW/kn Attachment � CliYOF fii1DLEY 15A RESOLIITION NO. - 1991 RESOLOTION BUPPORTING THE IMPROVEMENTS OF S.P. 0207-54 (T.H. 65 FROM 45TH AVENUE N.E. TO I- 694) IN COLIIMBIA BEIGHTB AND FRIDLEY STREET IMPROVEMENT PROJECT NO. ST. 1990 - 5 WHEREAS, the City of Fridley is interested in improving the safety and traffic movements along T.H. 65 in Fridley; and 1�HEREAB, the intersections of 52nd Avenue and 53rd Avenue with T.H. 65 handle a large volume of vehicles requiring improvements to turning lanes; and WHEREAB, the Minnesota Department of Transportation is proposing to improve T. H. 65 between 4 5th Avenue N. E. and I-694 and these improvements will include reconstruction of center islands, medians, turning movements, sidewalks, storm sewer and signal revisions; and WHEREAB, although MnDOT has received FAU Funds to design and construct these improvements there will be certain costs to the City of Fridley. Certain improvements requiring City and State cost sharing include the following: 1. Use of red brick in medians and other City requested areas within the project 2. Use of durable pavement markings to be placed on intersecting City streets 3. Sidewalk reconstruction 4. Construction engineering 5. Signal enhancements 6. Traffic control 7. Mobilization; and NHEREAB, the City has provided $80,000.00 in the 1991 Capital Improvement year for these improvements along T.H. 65 within Fridley. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that support be given for the above construction and that the specified cost sharing improvements are approved and are to be paid from the approved budget by the City of Fridley. pASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF JANIIARY� 1991. WILLIAM J. NEE - MAYOR ATTE5T: SHIRLEY A. HAAPALA - CITY CLERK f �� �a 9 TO: WILLIAM W. BIIRNS, CITY MANAGER FROM: RICHARD D: PRIBYL, FINANCE DIRECTOR BIIBJECT: ADDITIONAL CLAIM FOR MONDAY EVENINGS AGENDA DATE: January 25, 1991 Attached is a claim to TBC Fabrication, Inc., who provided to the City of Fridley the new 1250 GPM pumper with 500 gallon tank and 55' tower (Telesquirt). Bob Aldrich has requested that this claim be added to Monday night's agenda. RDP/me Attachment FOR CONCURRENCE BY THE CITY COUNCIL GAS SERVICES Erickson Plbg Htg Cool Inc. 440 Pierce Street � Anoka, MN 55303 Ron Erickson � Thrane, Incorporated 5821 Cedar Lake Road St. Louis Park, MN 55416 Wolf Plumbing & Heating 6021 Xerxes Avenue S Minneapolis, MN 55410 Robert Thrane Ronald Wolf GENERAL CONTRACTOR Kreps, Ray Construction Co. 1676 Chatham Avenue Arden Hills, MN 55112 Raymond Kreps Robbie Construction Inc. 3985 Evergreen Place Shoreview, MN 55126 Stewart Homes Inc. 1790 -118th Ave NE Blaine, MN 55434 S W Wold Construction Inc. 16676 Valley Drive Andover, MN 55304 Robert Michaletz Skip Stewart Scott Wold HEATING Erickson Plbg Htg Cool Inc. 440 Pierce Street Anoka, MN 55303 Ron Erickson Thrane Incorporated 5821 Cedar Lake Road St. Louis Park, 1�T 55416 PLOMBING Wolf Plumbing & Heating 6021 Xerxes Avenue South Minneapolis, MN 55410 Robert Thrane Ronald Wolf LICBp8E8 19 CLYDE WILEY Bldg/Mech Insp Same Same DARREL CLARK Chief Bldg Ofcl Same Same Same CLYDE WILEY Bldg/Mech Insp. Same STATE OF MINN