11/04/1991 - 5114OFFICIAL CITY COIINCIL AGENDA
COIINCIL MEETING
NOVEMBER 4, 1991
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FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
Monday, November 4, 1991
7:30 P.M.
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ITEM
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'_ FRIDLEY CITY COIINCIL
�IX� NOVEMBER 4, 1991
PLEDGE OF ALLEGIANCE:
PRESENTATION OF PROCLAMATION:
National Community Education Day
November 19, 1991
APPROVAL OF MINIITE8:
City Council Meeting of October 21, 1991
ADOPTION OF AGENDA:
OPEN FORIIM, VISITOR3:
(Consideration of items not on agenda - 15 minutes)
OLD BIISINESS:
Resolution Designating Time and Number
of Council Meetings . . . . . . . . . . . . . . . . . . 1 - 1B
FRIDLEY CITY C(
NEW BIISINESB:
TING OF
First Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 101, Entitled "Animal
Control" by Amending Sections
101.01.09, 101.04, 101.04.05,
101.04.08, 101.11, and Adding
New Section 101.04.13 and
Amending Chapter 205, Entitled
"Zoning" by Amending Section
205.03.39 . . . . . . . . . . . . . . . . . . . . . . 2 - 2K
First Reading of an Ordinance
to Amend the City Code of the
City of Fridley, Minnesota, by
Making a Change in Zoning
Districts (Rezoning Request,
ZOA #91-02, by Tom Brickner) . . . . . . . . . . . . . 3 - 3L
First Reading of an Ordinance
Recodifying the Fridley City
Code, Chapter 603, Entitled
"Intoxicating Liquor," by
Amending Section 603.11.01,
Hours of Operation . . . . . . . . . . . . . . . . . . 4 - '4C
First Reading of an Ordinance
Recodifying the Fridley City
Code, Chapter 606, Entitled
"Intoxicating Liquor On-Sale
Clubs," by Amending 606.11.01,
Hours of Operation . . . . . . . . . . . . . . . . . . 5 - 5C
A
1 Paq@ 3
NEW BIISINESS (CONTINIIED):
First Reading of an Ordinance
Recodifying the Fridley City
Code, Chapter 602, Entitled
"Beer Licensing," by Amending
602.09.01, Hours . . . . . . . . . . . . . . . . . . . 6 - 6C
Resolution in Support of an
Application for a Minnesota
Lawful Gaxnbling Premise Permit
to the Fridley V.F.W. Post 363 . . . . . . . . . . . . 7 - 7C
Receive the Minutes of the Planning
Commission Meeting of October 16,
1991 . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8II
A. Resolution Regarding Review
of the Northeast Corridor
Light Rail Transit System
Preliminary Design Plans ...... 8G - 8L
...... 80 - 8II
Approval of Change Order No. 5,
Street Improvement Project
No. ST. 1991 - 1 & 2 . . . . . . . . . . . . . . . . . 9 - 9C
Resolution Authorizing an Expenditure
from the Emergency Reserve to Develop
Legislation Relating to Local Police
and Fire Pension Funds . . . . . . . . . . . . . . . . 10 - l0A
�
FRIDLEY CITY COIINCIL MEETING OF NOVSMBER 4, 1991 PaQ@ 4
NEW BOSINE88 (CONTINQED):
Resolution Certifying Certain
Delinquent Utility Services to
the County Auditor for Collections
with the 1992 Taxes . . . . . . . . . . . . . . . . . . 11 - 11E
Resolution Certifying Charges
to the County Auditor to be Levied
Against Certain Properties for �
Collection with the Taxes Payable
in 1992 (Weeds) . . . . . . . . . . . . . . . . . . . 12 - 12A
Informal Status Reports . . . . . . . . . . . . . . . 13
Claims . . . . . . . . . . . . . . . . . : . . . . . . 14
Licenses . . . . . . . . . . . . . . . . . . . . . . . 15 - 15C
Estimates . . . . . . . . . . . . . . . . . . . . . . 16 - 16G
Establish Public Hearing for
November 18, 1991, Pursuant to
Economic Recovery Fund Application
to the Minnesota Department of
Trade and Economic Development
for Purposes of Assisting McGlynn
Bakeries with the Redevelopment
of the Former Totino Pizza
Manufacturing Facility . . . . . . . . . . . . . . . . 17
ADJOIIRN:
a
THE MINtJTES OF THE FRIDLEY CITY COIINCIL MEETINQ OF
OCTOBER 21, 1991
THE MINLTTES OF THE REGIILAR MF.ETING OF THE FRIDLEY CITY COIINCIL OF
OCTOBER 21, 1991
The Regular Meeting of the Fridley City Council was called to order
at 7:33 p.m. by Mayor Pro Tem Schneider.
PLEDGE OF ALLEGIANC�:
Mayor Pro Tem Schneider led the Council and audience in the Pledge
of Allegiance to the Flag.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Pro Tem Schneider, Councilwoman
Jorgenson, and Councilman Fitzpatrick
Mayor Nee and Councilman Billings
Mayor Pro Tem Schneider stated that Mayor Nee was taken ill and
hospitalized due to complications from a respiratory infection.
He stated that the Mayor is doing well and will be home in several
days. Mayor Pro Tem Schneider stated that Councilman Billings is
out of town on business.
APPROVAL OF MINUTES:
COUNCIL MEETING, OCTOBER 7. 1991:
MOTION by Councilwoman Jorgenson to approve
presented. Seconded by Councilman Fitzpatrick.
all voting aye, Mayor Pro Tem Schneider declared
unanimously.
ADOPTION OF AGENDA:
the minutes as
Upon a voice vote,
the motion carried
MOTION by Councilman Fitzpatrick to adopt the agenda as presented.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
STATE LEGI5LATIVE UPDATE:
SENATOR DON FRANK•
Senator pon Frank stated that one of the major issues in the
legislature is the reapportionment of the legislative districts and
city precincts and wards. He stated that in the last legislative
session a bill was passed, and it was the intent of the Governor
to veto it. He stated that because of a technicality, the bill was
declared law by the courts. Senator Frank stated that both the
Federal and State co�rts are involved in the reapportionment
FRIDLEY CITY COUNCIL MEETINa OF OCTOBER 21, 1991 PAGE 2
process. He stated the latest information is that the State court
hopes to make their decision around January 20, 1992.
Senator Frank stated that the legislature will be going into
session in early January to try and clear up and update the obvious
technicalities that were included in the legislation passed last
year. He stated that after the State courts decide what is
constitutional, the Federal courts will review this reapportionment
process. He stated his best guess is that this whole process will
be completed at the earliest in April or May.
Senator Frank stated that the political process begins in February
or March at the caucuses and then the senatorial district
conventions are held. He stated that it appears there will be two
conventions this year, one will be convened on a regular basis at
the current senatorial district conventions to endorse State-wide
candidates, and then the new senatorial district convention will
be convened to endorse Zegislative candidates. He stated that the
reapportionment process is similar to what happened in 1982.
Senator Frank stated that another issue is the Northwest Airlines
finance package which seems to have abruptly terminated. He stated
that he attended the Metropolitan Airports Commission meeting
today, and the Chairman made the statement that as far as he was
concerned, a11 negotiations on Northwest Airlines' on MAC's part
have ceased. He stated that there is great hope the process will
be revived.
Senator Frank stated there has been discussion that Minnesota
should follow Iowa and allow on-water gambling casinos. He stated
that the City of St. Paul is struggling with the issue of whether
they should expand casino gambling. He stated that if St. Paul
proceeds, he is sure the river cities in the State will probably
follow suit.
Senator Frank asked if Council had any questions he could address.
Mayor Pro Tem Schneider asked Senator Frank what he envisions
happening in the legislature in regard to Local State Aid to Cities
and TIF Districts.
Senator Frank stated he did not feel that TIF Districts would be
an issue this year. He stated that in regard to state aid to
cities, he has not seen the latest financial forecast, but he did
not believe there would be any downgrading of State aid.
Mr. Burns, City Manager, stated he had heard that perhaps the State
Advisory Committee on Intergovernmental Relations, which discusses
local government aid formulas, may not finish their work before the
legislative session. He asked Senator Frank if he knew where this
Committee stands.
FRIDLEY CITY COIINCIL MEETING OF"OCTOBER 21. 1991 PAQ$ 3
Senator Frank stated that he did not know, but he could certainly
check into this further.
OPEN FORUM, VISITORS:
MARK SCHW�IRTZ. 1372 64TH AVENUE N.E.:
Mr. Schwartz stated that he lives in an area where there is a
constant drainage problem. He stated that they have.been plagued
with standing water for most of the year. He stated that since
this was not a problem previously�, he felt it was due to the City
lots that were leveled where they dump street sweepings. He stated
that the lots were cleared, so there is more room for street
sweepings to be dumped. Mr. Schwartz stated that there were also
a lot of trees cut down, and about one hundred loads of dirt were
dumped on Mr. Mochinski's prop�rty which faces Old Central.
Mr. Schwartz stated that the City ordinance is very specific about
destruction of trees on City property, and he would like to make
sure no more trees are damaged on that property. He stated that
the main concern is for the drainage in thei� area.
Mr. Flora, Public Works Director, stated that this has been an
extremely wet year. He stated that the City has been using the lot
on Rice Creek Road for street sweepings for over eight years.
Mr. Flora stated that a number of years ago a proposal was
submitted to install a storm drainage system on 64th Avenue, but
residents did not want the improvement so it. did not proceed. He
stated that until a storm drainage system is installed, there
really is not any other method to properly drain the area.
Mayor Pro Tem Schneider asked if trees were removed from the City's
site.
Mr. Flora stated that some poplar trees may have been knocked down,
but no significant tress were removed.
Mayor Pro Tem Schneider stated that Council has had many work
sessions regarding drainage in the City, and this is high on the
list of priorities. He asked if some research .could be done
regarding what trees were removed and which ones come under the
City's ordinance.
Mr. Flora stated he would guess that when the City first cleared
the site mostly small poplar trees were removed, and he doubted if
there were trees greater than three inches in diameter. He stated
that no oaks or elms were on the property. He stated that the
placement of the street sweepings would not affect the drainage.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21. 1991 PAGE 4
PUBLIC HEARINGS•
1. PUBLIC HEARING FOR AN AMENDMENT TO THE ZONING ORDINANCE TO
CHANGE THE DEFINITION OF A KENNEL:
MOTION by Councilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem
Schneider declared the motion carried unanimously and the public
hearing opened at 7:58 p.m.
Ms. Dacy, Community Development Director, stated that questions
have been raised regarding the number of animals permitted to be
kept in a single family home which has generated this proposed
ordinance amendment. She stated that it is proposed to change the
definition of a kennel to permit four or more dogs or cats or any
combination of four or more dogs or cats at least six months of
age.
Ms. Dacy stated that the current definition of a kennel is three
or more dogs or cats. She stated that in the last several years,
the City has encountered several situations where single family
homeowners own three or more dogs or cats, and the City has had to
advise them that one of the dogs or cats must be removed from the
premises. She stated that most cities permit three dogs or cats
or a combination of the two. �
Ms. Dacy stated that the Planning Commission considered this
proposed ordinance amendment and unanimously recommended approval.
She stated that a first reading of thi-s ordinance would be
scheduled in conjunction with the animal control ordinance.
Mr. Peter Eisenzimmer, 6535 Oakley Drive, spoke in opposition to
this amendment. He stated that the City does not need any more
animals in the City, and he felt the number of animals to be kept
in a single family residential area should be reduced.
No other persons spoke regarding this proposed ordinance amendment.
MOTION by Councilman Fitzpatrick to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the public hearing closed at
8:00 p.m.
�RIDL�Y CITY COtJNCIL MEETINa OF OCTOBER 21, 1991 PAGE 5.
2. PUBLIC HE.ARING FOR A REZONING RE4UEST ZOA #91-02. BY THOMI�S
BRICKNER TO REZONE FROM C-l. IACAL BUSINESS. AND C-2. GENERAL
BUSINESS TO R-3 GENERAL �IULTIPLE DWELLING, ON LOT 2 AND THE
SOUTHERLY 399 FEET OF LOT 3 AUDITOR'S SUBDIVZSION NO. 88, TO
ALLOW THE CONSTRUCTION OF AN APARTMENT BUILDING, GENERALLY
I�.00ATED AT 6450 CENTRAL AVENUE N.E.:
MOTION by Councilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem
Schneider declared the motion carried unanimously and the public
hearing opened at 8:01 p.m.
Ms. Dacy, Community Development Director, stated that the property
in this rezoning is adjacent to Old Central Avenue and consists of
the vacant area south of Sandee's Restaurant. She stated that the
property is currently zoned C-1 and C-2, and the request is to
rezone to R-3 to allow the construction of a 48 unit, three story
apartment building. She stated that the petitioner, Mr. Brickner,
conducted neighborhood meetings and has agreed to file deed
restrictions that there would be no outdoor sheds, or swimming
pools, and restricting the number of people per unit.
Ms. Dacy stated that in analyzing this rezoning request, three
tests must be evaluated; district intent, lot/structure
requirements, and compatibility with adjacent uses and zoning. She
stated that the rezoning meets the first two tests; however, there
are several advantages and disadvantages t� approving this request.
She stated a disadvantage is that the rezoning would continue the
mixed land use pattern that exists along the west side of Central
Avenue, which includes the three developed properties of Sandee's,
the Advance Companies, and the Ziebart facility. She stated that
north of Mississippi Street the land use on the west is residential
and then industrial north of Rice Creek.
Ms. Dacy stated that another disadvantage is the proposed rezoning
would locate a higher density population near the M-1 zoning
district. She stated that the proposed apartment building would
be taller than any other buildings in the area.
Ms. Dacy stated one of the advantages is that the site plan, as
submitted, does meet all the requirements of the R-3 zoning
district. She stated that the proposed use would generate less
traffic than a commercial use. She stated that there is also the
question if additional commercial development may occur and whether
retaining the existing commercial zoning on both sides of the
street is compatible with the residential area.
Ms. Dacy stated that City staff is recommending approval of the
rezoning with eight stipulations. She stated that the Planning
Commission voted 4 to 2 to recommend denial of the rezoning
request. She stated that the Commission felt they did not agree
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21, 1991 PAGE 6
with the proposed rezoning pattern, this rezoning would add to the
mixture of land uses in the area, and the commercial zoning
designation should remain.
Mayqr Pro Tem Schneider stated that one of the issues discussed at
the Planning Commission was the deed restrictions and if they can
legally be enforced.
Ms. Dacy stated that staff is conducting research on this issue and
will have a final answer prior to the first reading of the rezoning
ordinance.
Mr. Herrick, City Attorney, stated that he has not had an
opportunity to conduct any detailed research; however, his
preliminary opinion is that if the deed restrictions are contained
in the protective covenants and not focused on age, sex, or race,
but strictly on numbers, it probably is enforceable.
Mr. Rick Brickner, representing the petitioner, asked if Council
had received the letter from Tom Brickner.
The Council stated that they had received this letter and made the
following motion:
MOTION by Councilwoman Jorgenson to receive the letter from Mr. Tom
Brickner dated October 17, 1991 pertaining to this rezoning.
Seconded by Councilman Fitzpatrick. Upon a voice vote, al1 voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
Ms. Rebecca Trancheff, 1589 Briardale Road, stated that she is
concerned that this apartment complex does not turn into another
Springbrook complex. She stated that she knows there are a lot of
problems at Springbrook Apartment complex and does not want this
type of building in her neighborhood.
Mr. Brickner stated th�t this apartment complex should not be
compared with Springbrook. He stated that Tom Brickner's letter
points out some of the items which Springbrook complex contains
which this apartment complex will not have such as playgrounds and
swimming pools.
Mayor Pro Tem Schneider asked if there will be any type of
government assistance in the financing of this apartment complex.
Mr. Brickner stated that this project will be financed by their
company, and they do not intend to sell it after all the tax breaks
are gone.
Ms. LaVonne Kowski, 6391 Central Avenue, stated that she felt this
was not the proper place for this apartment complex and was
concerned about the density, traffic, and drainage. She felt that
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21. 1991 PAGB 7
having more concrete would not help the drainage situation, and
this matter should be resolved. She stated that since the fire
station has been built next to her home, she has had water in her
basement. She stated that the west side of Central Avenue is
higher than the east side, and if the apartment complex is
constructed there would be a problem with drainage.
Mr. Brickner stated that all the drainage from the apartment
complex would go to the west, and he did not think this would add
or help the residents who live on the east side of Central Avenue.
He stated that they would also have to submit a drainage plan for
approval.
Mayor Pro Tem Schneider stated that he agrees there are drainaqe
problems, and he did not know how this development would affect
this area.
Mr. Brickner asked if that means that no development would ever
occur on this site.
Mayor Pro Tem Schneider stated he could not answer that question;
however, he knows there are.some developments by Mr. Brickner in
the Rice Creek School area where there are problems with drainaqe.
Mr. Brickner stated that the holding ponds
only so much water, and he does not believe
engineer who designed the retention ponds.
are designed to hold
it is the fault of the
Mr. Schwartz, 1372 64th Avenue, stated that he felt the petitioner
had good intentions, but felt the apartment complex would be too
high in comparison with other adjacent structures.
Mayor Pro Tem Schneider asked Mr. Brickner if any other
alternatives have been reviewed.
Mr. Brickner stated that in order to make the plan work, they need
a three story complex.
Mr, Mark Mattison, 6421 Central Avenue, stated that he purchased
his property because the zoning was commercial, and so that he
would not have any fear of apartments across the street.
Ms. Dacy stated that this issue is addressed in the debate on the
long-term land use. She stated that Council will have to decide
if they want to change the land uses. She stated that the
commercial zoning on the properties in the area have existed since
1958.
Nir. Tim Dess, 1510 Rice Creek Drive, felt that Council should
concur with the Planning Commission's recommendation and maintain
the commercial zoning. He stated that Mr. Brickner has done a lot
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21, 1991 PAGE 8
for Fridley, but he does not think this is an appropriate site for
an apartment building.
Mayor Pro Tem asked what type of uses would be permitted on this
site as it is now zoned.
Ms. Dacy reviewed some of the uses permitted in a C-2 and C-1
zoning district.
Mrs. Marge Brickner stated that, originally, they had plans to add
on to Sandee's Restaurant and use this site for the expansion. She
stated that, however, with the Moore Lake Commons development, they
felt there was a need for an apartment complex for adults. She
stated that there are enough apartments in the City, but not many
are strictly for adults. She stated that they are presenting this
rezoning with the hope it proceeds, but if it does not, they
probably will look for another area.
Ms. Jean Schwartz, 1372 64th Avenue, stated that she originally was
not opposed to this rezoning, but she does have concerns about the
parking be�ng shared with Sandee's. She stated that she felt the
parking would overflow to 64th Avenue on nights when Sandee's lot
was full. She stated her main concern is that this would set a
precedent for rezoning all the surrounding area. She stated that
she also felt the apartment complex would be too large and too
high.
Mayor Pro Tem Schneider asked about the shared parking arrangement
with Sandee's and if the rezoning was approved, if both the
apartment complex and Sandee's would meet the minimum parking
requirements.
Ms. Dacy stated that both the apartment complex and Sandee's would
meet the minimum parking requirements. She stated that she felt
the issue is the peak hours, and the overflow of parking.
Councilwoman Jorgenson stated that if the rezoning were approved,
some of the parking at Sandee's would be in the easement right-of-
way.
Ms. Dacy stated that the road right-of-way on Old Central Avenue
is one hundred feet wide. She stated that there is an unusually
large boulevard in that area and eight or ten parking spaces are
within the right-of-way. She stated that if the rezoning is
approved, the area that is blacktopped now would be removed and
brought up.to code.
MOTION by Councilwoman Jorgenson to close the public hearing.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously and the public hearing closed at 8:31 p.m.
FRIDLEY CITY COIINCIL MEETING OF OCTOHER 21. 1991 PAGE 9
3. PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT
NO. STREET ST. 1990-3:
MOTION by Cauncilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem
Schneider declared the motion carried unanimously and the public
hearing opened at 8:36 p.m.
Mr. Pribyl, Finance Director, stated that this is the assessment
hearing for Street Improvement Project No. 1990-3 which covers the
improvements on 6?th Avenue and, Oakley Street and also the
improvements done at Springbrook Nature Center. He stated that the
assessments are spread over a ten-year period at an interest rate
of 7-1/2 percent. He stated that the total cost of this project
was $99,928.01.
Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that he thought
the extension of Oakley Drive was to be paid by the builder. He
did not feel this should be paid out of public funds, and the cost
should be borne by either Mr. Brickner or the church.
Mayor Pro Tem Schneider stated that this hearing is the process of
assessing the charges back to the property owner which is
Mr. Brickner.
Mr. Eisenzimmer asked if the contractor will be paying for the
extension of the street.
Mr. Pribyl stated that the fifty foot extension is being paid for
out of the Capital Improvements Fund.
Mr. Eisenzimmer questioned why the taxpayers are paying, as he was
told at the hearing that Mr. Brickner would be paying for it.
Mr. Pribyl stated that the improvements on 67th Avenue are being
assessed to the property owners, and the remaining portions of this
improvement, which consists of the fifty foot extension and the
parking lot improvements at Springbrook Nature Center, are being
paid out of the Capital Improvements Fund.
Mr. Eisenzimmer stated that he is opposed to the fifty foot
extension being paid out of the Capital Improvements Fund.
Mr. Flora, Public Works Director, stated that the City obtained a
right-of-way from the church and; therefore, the City paid for the
fifty foot extension.
Mr. Eisenzimmer felt that the people who wanted the extension
should pay for it. He stated that he does not use it, and the
church should pay for it.
FRIDLBY CITY COtTNCIL MEETINQ OF OCTOBER 21, 1991 PAGE 10
Mayor Pro Tem Schneider stated that could be the argument for all
City streets.
Mr. Eisenzimmer stated that the people who purchased the homes on
67th Avenue received an assessment for $4,000 for sewer and water
and the contractor, Mr. Brickner, told them it was all paid and
that they would not be assessed.
Mayor Pro Tem stated that this issue would be between Mr. Brickner
and the homeowners.
Mr. Eisenzimmer asked if he would be assessed because of the homes
built on 67th Avenue.
Mayor Pro Tem Schneider stated that he would not receive any
assessment.
Mr. Ron Miller, 953 Mississippi Street, stated that he did not
understand why he or anyone else should be taxed for the extension.
He stated that the neighborhood fought not to have this extension
and felt that because of the church's request it was extended. He
stated that the homes on 67th Avenue are being assessed for their
portion of the street, and the extension should be assessed to the
church.
Mayor Pro Tem Schneider stated that the fifty foot extension is not
being assessed to any properties but will be paid out of the
Capital Improvements Fund. He stated that this assessment hearing
covers only the properties on 67th Avenue.
Councilwoman Jorgenson stated that MSA funds are used for some
street improvements and, in this instance, of that fifty foot
extension, only the east portion could have been assessed to the
church as the west portion abuts the City park.
Mrs. Eisenzimmer, 6535 Oakley Drive, stated that she would like a
speed sign on Oakley Drive, as it is being used as a race track.
Councilwoman Jorgenson asked Mrs. Eisenzimmer if they have noticed
any improvements since this issue was raised at the last Council
meeting. She asked if they have called the Police Department.
Mrs. Eisen2immer stated that the cars are gone before the Police
get there.
Councilwoman Jorgenson stated that Councii has asked for increased
patrol in the area and questioned if there was any improvement.
Mr. Eisenzimmer stated that a police car comes down there every one
or two days. .
FRIDLEY CITY COIINCIL MBETING OF OCTOBER 21, 1991 PAGB 11
Mrs. Eisenzimmer stated that she used to be able to decorate her
yard, but cannot do so now since they opened up Oakley.
MOTION by Councilman Fitzpatrick to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously and the public hearing closed at 8:50 p.m.
4. PUBLIC HEARING ON ASSESSMENT FOR WATER, SANITARY SEWER & STORM
SEWER PROJECT NO. 210:
MOTION by Councilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem
Schneider declared the motion carried unanimously and the public
hearing opened at 8:50 p.m.
Mr. Pribyl, Finance Director, stated that this hearing is on the
assessment for water, sanitary sewer, and storm sewer for the
67th Avenue extension and Oakley Street. He stated that the total
cost of the project was $35,395.50. He stated that the assessment
will be for a twenty year period at an interest 'rate of 7-1/2
percent. He stated that the total cost for the seven lots on 67th
Avenue amounted to $28,556.80; and the water main loop on Oakley
was $6,838.70, which is to be paid by the Water Fund.
Mayor Pro Tem Schneider asked who benefitted from looping the water
main.
Mr. Flora, Public Works Director, stated that every resident
benefits when the City does a connection, but this has not been
assessed as an improvement.
Mr. Peter Eisenzimmer, 6535 Oakley Drive, asked if all the
taxpayers pay into the Water Fund.
Mr. Pribyl stated that all water users in the City pay into the
fund.
Mr. Eisenzimmer stated that this looping of the water main did not
have to be done.
Mayor Pra Tem Schneider stated that when a water main is looped,
two sources of water are provided which benefits the residents and
also prevents rust. He stated that since there were improvements
being done, this provided an opportunity to loop the water main at
a minimal cost. He stated that this type of improvement is
generally done as a service to everyone in the community.
' Mr. Eisenzimmer stated that the church does not pay taxes, and they
get anything they want. He stated that the taxpayers have to fight
for everything, and someone else gets it �or nothing.
FRIDL$Y CITY COIINCIL MEETINQ OF OCTOBER 21, 1991 PAG� 12
Mr. Burns, City Manager, stated that as he recalls, the church gave
the City property for a future street right-of-way, and the water
main loop and stub were the City's contribution to that right-of-
way.
Ms. Diane Miller, 953 Mississippi Street, stated that the resideats
have no faith that the street will not be opened up. She stated
that the residents were assured they would not pay for the
improvements, and the costs would be borne by the church. She
stated that those who live in Fridley wiZl pay. She stated that
when Council states that they will not build that road, the
residents just do not believe them.�
Mayor Pro Tem stated that Council has repeatedly stated they do not
intend to build that road, but he cannot �speak for future Councils.
Mr. Eisenzimmer stated that he is opposed to any of the costs
coming from general City funds.
MOTION by Councilwoman Jorgenson to close the public hearing.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9s00 p.m.
5. PUBLIC HEARING ON THE ASSESSMENT FOR TREATMENT AND REMOVAL OF
TREES. 1991:
MOTION by Councilman Fitzpatrick to waive the reading of the public
hearing notice and open the hearing. Seconded by Councilwoman
Jorgensan. Upon a voice vote, all voting aye, Mayor Pro Tem
Schneider declared the motion carried unanimously and the public
hearing opened at 9s01 p.m.
Mr. Pribyl, Finance Director, stated that this assessment is for
the removal of trees at 201 Longfellow Street. He stated that the
property owner had requested this work be done and signed an
agreement for the assessment. He stated that the cost was $225.00
which is to be assessed over a five year period at an interest rate
of 7-1/2 percent.
No persons in the audience spoke regarding this proposed
assessment.
MOTION by Councilman Fitzpatrick to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously and the public hearing closed at 9:02 p.m.
FRIDLSY CITY COIINCIL MSETING OF OCTOBER 21, 1991 PAG$ 13
OLD BUSINESS•
6. �tECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
SEPTEMBER 17, 1991 (TABLED lOj7f91):
A. VARIANCE RE UEST VAR #91-29. BY KENNETH SPELTZ AND RICH
KLEINOW SKYLINE VETERINARY HOSPITAL. TO REDUCE THE RE4UIRED
�'RONT YARD SETBACK FROM 80 FEET TO 48 FEET TO ALLOW THE
CONSTRUCTION OF AN ADDITXON ON LOT 2 BLOCIC 1. HERWAL SECOND
ADDITION THE SAME BEING 6220 HIGHWAY 65 N.E.:_
Mayor Pro.Tem Schneider removed this item from the table.
Ms. Dacy, Community Development Director, stated that this item was
tabled at the last Council meeting for further information from
staff. She stated that the parcels in this area have been zoned
General Shopging Center since 1958. She stated that several
variances have been granted to businesses in the area, which
included variances for Miller Funeral Home, Brickner's Office
Condominiums, Sinclair Station, and Skyline Veterinary Clinic. She
stated that Chanticlear Pizza building (now Video Revue) meets the
eighty foot setback, and the setback for Maple Lanes is not known.
She stated that the setback for Brickner Office Condominiums is
57-1/2 feet from the back of the curb, and there is one foot
between the curb and property line.
Ms. Dacy stated that Council discussed the possibility of placing
a stipulation on the variance that the variance would expire if
the building is either demolished or torn down.
Ms. Dacy stated that the Appeals Commission unanimously recommended
approval of the variance to reduce the front yard setback from 80
feet to 48 feet.
Mayor Pro Tem Schneider stated that there are not consistent lot
lines in the area, and it does not seem this variance would
adversely impact the area.
MOTION by Councilwoman Jorgenson to grant Variance Request,
VAR #91-29, with the stipulation that the variance expires if the
building is demolished, torn down, or sustains damage greater than
fifty percent of its value. Seconded by Councilman Fitzpatrick.
Mr. Steve Brandgard, 6220 Highway 65, requested verification that
if they own the building, and it was destroyed, the variance would
not change and they could continue the use as a veterinary
hospital.
Mayor Pro Tem Schneider stated that the purpose of granting the
variance is for a hardship. He stated that if the building were
FRIDLSY CITY COIINCIL MSETINa OF OCTOBER 21. 1991 PAGE 14
destroyed, then the hardship aspect of the variance would not exist
and that would be the appropriate time to conform to the setbacks.
Mr. Herrick, City Attorney, stated that he did not believe the
owners would want the variance tied to the use as the time may come
when they do not want to operate a veterinary clinic and may want
to sell it.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Pro Tem Schneider declared the motion carried unanimously.
7. RESOLUTION RENAMING VIRON ROAD TO HIGHWAY 65 EAST SERVICE
DRIVE (TABLED �10/7191) :
Mayor Pro Tem Schneider removed this item from the table.
Ms. Dacy, Community Development Director, stated that there is
confusion regarding the street name along this particular road.
She stated that some businesses use a Viron Road address, and
others use Highway 65 as their address. She stated that this issue
was brought to Council's attention about ten years ago, but there
was opposition to changing the name from Strite Anderson. She
stated that Kurt Manufacturing has bought the Strite Anderson
building, and there are other new owners in the area so this matter
is once again brought to Council's attention.
Ms. Dacy stated it is proposed that this resolution be adopted to
change the name of Viron Road to Highway 65 East Servic� Drive
effective January 1, 1992. She stated that she understands the
post office will deliver to both addresses, old and new, for a
period of up to one year.
Mr. John Kvidera, General Manager of Kurt Manufacturing Die Cast
Division, stated that this item was brought to his attention by
Ms. Dacy. He stated that some research has been done as to the
cost to Kurt Manufacturing, and it would amount to about $7,900.
He stated that Kurt Manufacturing has been in business for over
thirty years in Fridley and has recently gone through a change to
tie in all their divisions. He stated that the name change does
not mean that much to their company and, ironically, they just
published their corporate brochure this past summer.
Ms. Dacy stated that the major reason for the name change is for
consistency with the 911 emergency system.
Councilwoman Jorgenson stated that if there was a major disaster
and more than one Fire Department was responding, Fridley's
personnel would know the Iocation; however, other departments
responding may have difficulty finding the location.
FRIDLSY CITY COIINCIL MEETINQ OF OCTOBBR 21. 1991 __ PAG$ 15
Mr. Herrick, City Attorney, asked if Kurt Manufacturing knew that
at a certain date in the future this was going to occur and they
had advance notice, if they could minimize their costs.
Mr. Kvidera stated that he did not think this would be a problem.
MOTION by Councilman Fitzpatrick to table this item indefinitely.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
NEW BUSINESS•
8. RESOLUTION NO. 79-1991 IN SUPPQRT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE LION'S CLUB
OF FRIDLEY (MAPLE LANES, 6310 HIGHWAY 65):
MOTION by Councilwoman Jorgenson to adopt Resolution No. 79-1991.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
9. RESOLUTION NO 80-1991 IN SUPPORT OF AN APPLICA'rION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE LION'S CLUB
OF FRIDLEY (ROPERS LOUNGE AND RESTAURANT. 3720 EAST RIVER
ROAD :
MOTION by Councilman Fitzpatrick to adopt Resolution No. 80-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the' motion carried
unanimously.
10. �2E�'F.TVF. THF. Nrr�TES OF THE PLANNING COMMISSION MEETING OF
OCTOBER 2, 1991•
A. CONSIDERATION OF AN ORDINANCE TO RE4UIRE A LICENSE FOR MOTOR
VEHICLE REPAIR GARAGES (PROPOSED CHAPTER 18):
Ms. Dacy, Community Development Director, stated that the Planning
Commission wants to know if Council desires the Commission to
consider additional drafts of this proposed ordinance.
Ms. Dacy stated that the Planning Commission held a public hearing
in order to hear testimony from those business owners who may be
affected by the ordinance. She stated that an attorney represented
these owners at the Planning Commission meeting; however, the
Commission felt they could not approve the ordinance .in its current
form due to the outstanding issues and a reworking was in order.
Ms. Dacy stated that, typically, the Planning Commission does not
review proposed ordinances for a licensing requirement. She stated
that one of the reasons it was before the Planning Commission was
FRIDLEY CITY COIINCIL MBETING OF OCTOBBR 21. 1991 PAGB 16
the interim ordinance, which placed a moratorium on the issuance
of special use penaits for repair garages, dictated a hearing be
held by the Planning Commission within sixty days.
Ms. Dacy stated that if the ordinance were to go back to the
Planning Commission, there may be a problem with the timing. She
stated staff's concern is that the wording of the ordinance should
come from Council, as there are a lot of policy issues.
MOTION by Councilwoman Jorgenson that further amended copies of the
ordinance come to Council for review rather than qo back to the
Planning Commission. Seconded by Councilman Fitzpatrick. Upon a
voice vote, all voting aye, Mayor Pro Tem Schneider declared the
motion carried unanimously.
MOTION by Councilwoman Jorgenson to receive the minutes of the
Planning Commission meeting of October 2, 1991. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Pro Tem Schneider declared the motion carried unanimously.
11. EXTENSION OF A SPECIAL USE PERMIT. SP #90-15 BY MIKE
SCHRADER TO ALLOW REPAIR GARAGES: TO ALLOW AUTOMOBILE SERVICE
STATIONS AND MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICES:
TO ALLOW MOTOR VEHICLE WASH ESTABLISHMENTS; TO ALLOW EXTERIOR
STORAGE OF MATERIALS AND E4UIPMENT, ALL ON LOTS 1 THROUGH 9
BLOCK 1, CENTRAL VIEW MANOR, AND LOT 3. BLOCK 1 CENTRAL VIEW
MANOR, 2ND ADDITION, GENERALLY LOCATED AT
7355 HIGHWAY 65 N.E.:
Councilwoman Jorgenson stated that there was a great deal of
discussion on this special use permit and would feel more
comfortable tabling the item until all Council members are present.
MOTION by Councilwoman Jorgenson to table this item and request
Mr. Schrader or his representative be in attendance when this item
is before Council. Seconded by Councilman Fitzpatrick. Upon a
voice vote, all voting aye, Mayor Pro Tem Schneider declared the
motion carried unanimously.
12. AUTHORIZATION TO AWARD CONTRACT FOR THE INSTALLATION OF THE
SPUR STATION__STORM-SEWER LINE. PROJECT NO. 223•
Mr. Flora, Public Works Director, stated that Council received
Petition No. 5-1991 from Murphy Oil for the installation of a storm
sewer line at their facility at East River Road and Mississippi
Street. This project would be totally assessed to the property and
be an addition to the Storm Water Improvement plan. He stated that
two quotes were received for this project, and it is recommended
that the lowest quote from Volk Sewer and Water be accepted in-the
amount of $13,045.00. �
FRIDLBY CITY COQNCIL MF$TING OF OCT088R 21, 1991 PAGE 17
MOTION by Councilman Fitzpatrick to receive the two quotes for.
Project No. 223 as follows:
Volk Sewer & Water $13,045.00
8909 Bass Creek Court
Brooklyn Park, MN
Northdale Construction Co., Inc. $17,175.80
14450 Northdale Blvd.
Rogers, MN 55374
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
MOTION by Councilman Fitzpatrick to award the contract for Project
No. 223 for the installation of a storm sewer line to Volk Sewer &
Water in the amount of $13,045.00. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem
Schneider declared the motion carried unanimously. .
13. AUTHORIZATION TO ADVERTISE FOR BIDS FOR EMERGENCY REPAIR OF
WELL NO. 5, PROJECT NO. 224:
Mr. Flora, Public Works Director, stated it appears that Well No. 5
was struck by lightning during a storm the first part of September.
He stated that "this is a deeper well, and it is one of the primary
producers now that the City is minimizing the use of the shallow
wells in Commons Park.
Mr. Flora requested that Council authorize advertising for bids for
the emergency repair of Well No. 5 and add this project to the
Water Fund Improvement Plan.
MOTION by Councilwoman Jorgenson to authorize the advertising for
bids for the emergency repair of Well No. 5. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Pro Tem Schneider declared the motion carried unanimously.
14. AUTHORIZATION FOR EMERGENCY REPAIR OF SANITARY SEWER LINE ON
61ST AVENUE BETWEEN 5TH AND 6TH STREETS, PROJECT NO. 225:
Mr. Flora, Public Works Director, stated that on October 7, 1991,
a hole was found on 61st Avenue, and when the street was excavated
damage was found to the sanitary sewer line. He stated that some
plastic pipe was inserted to keep the service running. He stated
that in the process of viewing the line, a number of problems were
found. He stated that since the street has been torn up, it is
requested that Council authorize an emergency repair.
Mr. Flora stated that three quotes were received for this work, and
it is recommended that the lowest quote from Northdale Construction
FRIDLEY CITY COONCIL MEETING OF OCTOBBR 21. 1991 P�GE 18
Co., Inc. in the amount of $24,700.50 be accepted. This project
will be an addition to the Sanitary Sewer Fund Improvement Plan.
MOTION by Councilwom�n Jorgenson to receive the following quotes
for the emergency repair of the sanitary sewer line on 61st Avenue,
Project No. 225:
Northdale Construction Co., Inc. $24,700.50
14450 Northdale Blvd.
Rogers, MN 55374
EJM Pipe Services, Inc. $27,400.00
7807 Lake Drive
Lino Lakes, MN 55014
Volk Sewer and Water NO BID
8909 Bass Creek Court
Brooklyn Park, MN 55428
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
MOTION by Councilwoman Jorgenson to award the contract for Project
No. 225 for the emergency repair of the sanitary sewer line on
61st Avenue to Northdale Construction Co., Inc. in the amount of
$24,700.50. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Pro Tem Schneider declared the motion
carried unanimously.
15. APPROVAL OF CHANGE ORDER NO. 3 TO STREET IMPROVEMENT PROJECT
NO. ST. 1991 - 1& 2, DELETING FIRE TRAINING FACILITY ITEMS:
MOTION by Councilman Fitzpatrick to authorize Change Order No. 3
to Street Improvement Project No. ST. 1991 - 1& 2 with W. B.
Miller, Inc. for a decrease of $23,062.50 in the contract.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
16. APPROVAL OF CHANGE ORDER NO. 4 TO STREET IMPROVEMENT PROJECT
NO. ST. 1991 - 1& 2, ADDING RESURFACING OF 61ST AVENUE
BETWEEN 5TH AIdD 6TH STREETS:
MOTION by Councilman Fitzpatrick to authorize Change Order No. 4
to Street Improvement Project No. ST. 1991 - 1& 2 with W. B.
Miller, Inc. for $20,225.00. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared
the motion carried unanimously. A fund transfer will be
accomplished at a later date.
FRIDLEY CITY COIINCIL MEETING OF OCTOBBR 21. 1991 PAGB 19
17. ESTABLISH SPECIAL CITY COUNCIL MEETING FOR NOVEMBER 12, 1991,
TO RECEIVE THE STATEMENT OF CANVASS FROM.THE NOVEMBER 5, 1991
ELECTION:
MOTION by Councilman Fitzpatrick to establish a Special Council
Meeting for November 12, 1991 to receive the statement of canvass
from the November 5, 1991 election. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem
Schneider declared the motion carried unanimously.
18. RESOLUTION NO. 81-1991 CONFIRMING ASSESSMENT FOR STR�ET
IMPROVEMENT PROJECT NO. ST. 1990 - 3:
MOTION by Councilwoman Jorgenson to adopt Resolution No. 81-1991.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
19. RESOLUTION NO. 82-1991 CONFIRMING AS5ESSMENT FOR WATER.
SANITARY SEWER & STORM SEWER PROJECT NO. 210:
MOTION by Councilwoman Jorgenson to adopt Resolution No. 82-1991.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
20. RESOLUTION NO. 83-1991 CONFIRMING ASSESSMENT FOR THE TREATMENT
AND REMOVAL OF TREE6 1991:
MOTION by Councilwoman Jorgenson to adopt Resolution No. 83-1991.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Pro Tem 5chneider declared the motion carried
unanimously.
21. RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS:
MOTION by Councilman Fit2patrick to table this item. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Pro Tem Schneider declared the motion carried unanimously.
22. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
23. CLASMS•
MOTION by Councilman Fitzpatrick to authorize payment of Claim Nos.
39830 through 40064. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Pro Tem Schneider declared the
motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21, 1991 PAG$ 20
24. LICENSES•
MOTION by Councilwoman Jorgenson to approve the licenses as
submitted and as on file in the License Clerk's Office. Seconded
by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Pro Tem Schneider declared the motion carried unanimously.
25. ESTIMATES•
MOTION by Councilwoman Jorgenson to approve the estimates as
submitted:
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of September, 1991. .$ 8,699.50
W.B. Miller, Inc.
16765 Nutria Street
Ramsey, MN 55303
Street Improvement Project
No. ST. 1991 - 1& 2
Estimate No. 9 . . . . . . . . . . . . . . . $37, 625. 32
Northdale Construction Co., Inc. -
14450 Northdale Blvd.
Rogers, MN 55374
Skywood Lane Water Extension
Project No. 220
Estimate No. 1 . . . . . . . . . . . . . . . $65,238.87
Maier Stewart & Associates
1959 Sloan Place
St.Paul, MN 55117
Clover Pond Diversion/52nd Avenue
Floodway Project No. 222
Partial Estimate . . . . . . . . . . . . . . $ 789.40
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
FRIDLEY �ITY COIINCIL MEETINa OF OCTOBER 21, 1991 PAGE 21
ADJOURNMENT:
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Pro Tem Schneider declared the motion carried unanimously and
the Regular Meeting of the Fridley City Council of October 21, 1991
adjourned at 9:43 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
�
_
CITYOf
FRIDLEY
MEMORANDUM
Municipat Center
6431 University Avenue N.E.
Fridiey, MN 55432
(612) 571-3450
Office of the City Manager
William W. Burns
TO: The Honorable Mayor and City Council
FROM: William W. Burns, City Manager 1t;�11��
'tl
DATE: October 31, 1991
SUBJECT: Proposed 1992 Calendar
Attached for the City Council's approval is a Resolution
Designating Time and Number of Council Meetings, and a proposed
1992 calendar of City Council meetings and the holiday schedule for
City employees. This item was tabled at the City Council meeting
on October 21, 1991.
WWB:rsc
Attachments
1
RESOLUTION NO. - 1991
RESOLIITION DESIGNATING TIME AND
NIIMBER OF COIINCIL MEETINGS
WHEREAS, Section 3.01 of the Charter of the City of Fridley
requires that the City Council meet at a fixed time not less than
once each month; and
WHEREAS, Section 3.01 of the Charter of the City of Fridiey
requires that the Council shall meet at such times as may be
prescribed by resolution; and
WHEREAS, it is the intent of the Council to comply with the open
meeting provisions contained in Minnesota Statutes 471.705 as
interpreted by the courts;
NOW THEREFORE, BE YT RESOLVED by the City Council of the City of
Fridley that:
l. The Council will ho],d regular meetings in the Council
Chambers of the Fridley Municipal Center, commencing at
7:30 p.m. on the following Mondays in 1992:
January 6, January 27, February 3, Febrszary 24, March 2,
March 16, April 6, April 20, May 4, May 18, June 1,
June 29, July 6, July 20, August 3, August 17,
September 21, September 28, October 5, October 19,
November 9, November 23, December 7, and December 21.
2. The Council will hold conference meetings at the Fridley
Municipal Center, at which time matters are discussed but
no formal action is taken, commencing at 7:30 p.m. on the
following Mondays in 1992:
January 13, February 10, March 30, April 27, May 11,
July 27, August 31, October 26, and November 16.
3. On the dates of regular Cauncil meetings, conference
meetings will be held in the Fridley Municipal Center at
7:00 p.m. and following adjournment of each regular
meeting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS .
DAY OF , 1991.
WILLIAM J. NEE - MAYOR
ATTEST:
SHTRLEY A. HAAPALA - CITY CLERK
�Q
_
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cmroF
��
1992 CALENDAR
CITY COUNCIL MEETINGS AND HOLIDAY SCHEDULE
.ianuary 1992 February 1992 March 1992 Aprii � 1992
S M T W T F S S M T W Y F S S M T W T F S S M T W T F S
� 2 3 4 1 1 4 5 6,[—Z 1 2 3 4
5 5 7 8 9 10 11 2 4 5 6 7 8 8 9 1 11 12 13 14 5 6 7 8 9 10 11
12 14 15 16 17 18 9 1 11 12 13 14 i5 15 16 17 18 19 20 21 12 14 15 16 17 18
19 21 22 23 24 25 16 18 19 20 21 22 22 24 25 26 27 28 19 21 22 23 24 25
26 2 28 29 30 31 23 2 25 26 27 28 29 29 31 26 28 29 30
May 1992 June 1992 Ju1y 1992 August 1992
S M T W T F S S T W T F S S M T W T F S S M T W T F S
1 2 �1 2 3 4 1 2� 4 1
3 5 6 7 8 9 7 8 9 10 it 12 13 5� 7 8 9 10 1i 2 4 5 6 7 8
10 12 13 14 15 16 15 16 17 18 12 14 15 16 17 18 9 11 12 i3 14 15
17 18 19 20 21 22 23 1 23 24 25 26 27 19 0 21 22 23 24 25 16 1 18 19 20 21 22
24 26 27 28 29 30 28 30 26 28 29 30 31 23 4 25 26� 27 28 29
31 - 30 .�1
September 1992 Octobe� 1992 November � 1992 Oecember 1992
S M T W T F S S M T W T F S S M T W T F S S M TW T F S
1 2 3 4 S 1 2 3 1 3 4 5 6 7 � 1 3 4 5
9 11 12 4 05 6 7 8 9 10 8 9 10'� 12 13 14 6� 9 10 11 12
1 4 1 i8 19 11 13 14 15 16 17 15 17 t8 19 20 21 13 15 16 17 18 19
20 22 23 24 25 26 18 1 20 21 22 23 24 22 2 24 25 ���$ 20 21 22 23 �;� 26
27 29 30 25 27 28 29 30 31 27 29 30 31
c:onierence �chedule
March 7-10
NLC Congressional City Conference
Washington, D.C.
June 12 - 15
League of Minnesota Cities Conference
Bloomington, Minnesota
September 13 - 17
ICMA Conference
Reno, Nevada
November 28 - December 2
NLC Congress of Cities
New Orleans, Louisiana
Kev
X = Holidays
O = Council Meetings
❑ = Conference Meetings
Budget Work Session Dates:
June 3, 17, 22 & 24 (if
necessary).
Legal Hofidavs.
Jan. 1
Jan. 20
Feb. 17
May 25
7uly 3
Sep� 7
Nov. 11
Nov. 26
Dec. 25
9
New Year's Day
Martin Luther King Jr. Day
Washington-Lincoln Day
Memorial Day
Friday before Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Holidays
Additional Holidavs:
Nov. 27 Friday after Thanksgiving
Dec. 24 Christmas Eve
11 Total Holidays
Council meetings will be held the first and fourth
Mondays of January and February; the 6rst and
third Mondays of March, April, May, July, August,
October, and December, the first and fifth Mondays
of June; the third and fourth Mondays of
September; and the second and fourth Mondays
of November.
Conference meetings will be held on the second
Monday of January, February, and May; the fifth
Monday of March, and August; the fourth Monday
1 B of April, July, and October; and the third Monday
of November.
r _
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I
Community Development Department
I�LA1�TI�TING DIVISION
City of Fridley
DATE: October 17, 1991
�Y 1� .
TO: William Burns, City Manager�f,
FROM:
Barbara Dacy, Community Development Director
SUBJECT: First Reading of an Ordinance to Amend the
Definition of a Kennel, Chapter 205, and to
, Amend Various Sections of Chapter 101, Animal
Control
Attached for first reading is the above-referenced ordinance. Also
included is background information from the Public Safety Director
regarding the purpose and intent of the amendments to the Animal
Control ordinance. Please refer to his memorandum dated August 23,
1991 for more information. Staff recommends that the City Council
approve the attached ordinance for first reading.
BD/dn
M-91-761
2
♦�� °'� E�
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� )ATE
�ROM
UBJfCT
POLICE DEPARTMENT
c�y of F��diey
M innesota
AUGUST 23, 1991 (
PUBLIC SAFETY DIRECTOR, J.P. H LL
ANIMAL CONTROL ORDINANCE
AMENDMEI3T5
MEMORANDUIIA
TO
Attached is a draft of proposed amendments to the animal control
ordinance and an amendment to the zoning ordinance relating to
kennels.
Section 101.01.09 and 205.03.39 amend the kennel definition by
allowing the number of animals to increase from two to three, at
council's request. A recent survey of other cities regulations on
this restriction is attached.
Sect�o:: 10?.^�.05 amends the language relating to barking dogs.
The amendment is requested by Carl Newquist due to the Court of
Appeals decision in an Edina case. The proposed language should
withstand any challenge. It takes some language from the State
Disorderly Conduct Statute, requires more than one person to be
disturbed, and administratively will require at least on official
recorded notification to the owner of the complaints to prove
knowledge. Carl�Newquist's letter on this issue is attached.
Section 101.04.08 is amended to be consistent_with the kennel
definition change.
Scui.io,l ii,i. u4.13 is a request by Jack Kirk and the Park and
Recreation Commission. • The prohibition of animals on a bathing
beach currently exists in the beach ordinance. Jack requests that
this be included in the animal control ordinance so that there is
one point of reference on animals. The prohibitation of animals
in the Community Park is a new provision felt needed by the Park
and Rec eation Commission due to the type of park involved being
athletic/spectator in design. Dogs in the athletic area are a
danger to participants and dig up turf. Dogs in the spectator area
are creating citizen complaints about barking and snappi�g at
children.
Section 101.1I is Carl Newquist�s and my recommendation to amend
the vicious animal prohibitions so that it has increased
specificity and prohibitions. The amended language is primarily
from the Blaine ordinance. There are several cases across the
2A
INFO
country where these type of animals have taken human lives,
especially children. B2aine reports the removal of a cougar last
week from their city. Previous correspondence from the Humane
Society and a city resident on this issue are attached.
Increasing the number of animals in a residential zone requires a
zoning code change, thus a Planning Commission process. Barb Dacy
said the earliest that she could have the Planning Commission
consider the ordinance is at the September 18, 1991 meeting. It
would then be referred to the City Council to establish a public
hearing on September 30th, and possibly the first reading on
October 21, 1991.
JPH/ sa
:
��!��-_-��%��� N' � �
� ��i ���� �'i �� Q� �i' � �
1�1� �ai�� �'a7a�ii7es�1 Wa�i��%� �i �iawi �. IK�
101.01.09, 101.04, 101.04.05, 101.04.08, 101.11, AT�ID
ADDII� I� SDGTI�t 101.04.13 AI�ID A1�IDII� t�PTER 205,
E[�TI'ITI,Ep n�� BY l��IDII�X3 SBGTI�1 205.03.39
�e City Oonmcil of the City of F�idley do�s hereby ordain as follvws:
101.01. DE:F'II�]ITI�S.
9. K�exu�el.
�}�-ptaes i,#�e�e-t�e�--E�}-� �,,�+e d�s � �ae-r�;-� �-e ca�s-�a�},
b�aeeYy��s�Bi A* �-i�.rae /'� 1 �r wv.tib ri�rer+ �wi ��}�. �v�e. Le►�3- � �w�e r�vw...� e...c�
a�v —` T'vs liRiv Q090 OR7R ORCO CQC 7WLT7 dIR7 Q�0 OCQ[IO j7i'C![COCO'�
�_.�^^'�_�i�� �€�s e� ��tte�s �a�r-�ae �� €e� a-��e� e= s��-T6;-�t�s
A� lat or premis�s on which faur (4) or m�re dogs or cats or arrv oc�nhinati�
of faur l41 or more doqs or cats at least six (6� months of aq,e are kept
101.04. AI�TII�L NOIS�N�E.
It shall be unlawful for any uexson to awn keep or harbor arrv anim�al which is
vonsidered a rnusance.
For the puY�ose of this Criapter, an animal nuisanoe shall exist under ariy of the
follawing oonditions:
5. The animal barks, hawls, Gries,-e� yelps or makes ariy ather noise habituallv
anci/or repetitively that the �erson who cx�nLS, keeps, or harbors the animal
. ..
t�. - --'�y7—o�� 3e�er�t�r�s 6�' tlttlx+--=��--61�' �%'&�6T0�' �i'i'}-bb!lp3i3���6�3 A�
�W-r��e� �ae�+a �s a� sa�s a� �eas� s��-F�3-�e�is e�age a�e-�c,e�-¢�-#�e
r.�n�� r�ra�i e��+�+ • w.l � Le�r�. ..7 l i �er�e.c� i � rSa�� i t�er� i r� �l�e �w�ww�ri ��-e nr.r�� ��+�.-
ii�iRC �Cm�C�1R Q�1rTCJ �� e� Cp��� �B��S� ��i�� R��■
A� lot ar premises on which four (4) or more doqs or cats, or any c�vmbination
of faur "4) or more dogs or cats, at least six (6) months of age. are kept.
Additional animals may be kept in non-residentia]. zones that meet the City'�
zoninc�_x�egiir�nents for a ke.ru�el lioense.
13. 'Ib ullvw an animal on the pre►nises of ar�y bathit�g beach or the City
aaturnmity Park, whether ridden, lead, carried, or nuininu at large.
2C
ioi. u. vic�aos �s.
- --
._ .
1. No nerson shall kee,� or allo�w to be kept in the citv•
A. Ar�v animal of a viciws nature or with a prc�ensity, te,r�derx.,� or
disposition to attacJc to cause injurv or tA o�theYwise er�danqer the safety
of hc�nan beincrs or danestic anin�als: or
B Anv animal which attacks a human being or a domestic animal on twu or
nr�re oocasions without provocation or on a single oocasion where
substantial bodily haYm on a htunan being is inflict�ed withaut provocation;
or
C. Arry noardanesticated animal not naturally tame or aentie but is of
wild nature or disposition, includira any of the following:
la) Ar�v anin�a.l or species prahi.bited by fedexaZ or Minnesota Law.
1r� Ary non-danesticated an.imal or species incl.udirx�, but not
liunited. to the follvwina•
12) Arn larcre cat of the fami.ly Felidae such as l�ons.
tiqers , j ac�uars , leonards . oauqars . ar�d ocelcrts . exoe,_pt
va�nonty aooept-�ed domesticated ho�ase cats.
( 3) Any meqnber of the fataily C�nidae , such as w�lves , faxes .
cxiyotes , dingoes arid j ackals , ex�oer�t ��nly aooeptsd
danesticated dogs.
(4) Arrv poisw�au.s snak,e, pit viper or conStrictor, svch as
a rattle snake, caral snake. water nx�ocasin, cr�bra, %oa
vonstrictor or�on.
(5) Any rav000n.
16) Ar�v ather animal which is nvt list.ed explicitly above,
but which can reaso�bly be defiried by the terms in sec�tion
101.11 of this code, includir�q beais ar�d badgers.
Uaon coryviction for the violation of this Sec.�tion, t� vaurt may in addition to
in�osition of sentenoe, dire�.-t the Animal O�trol Officex to taka the animal in
question into c�astodv and forthwith disx�ose of it in a h�ie maru�er.
�
205.03 D�'IIQIZZ�S.
39. K�eru�el.
Tm s 1 �} r.r r�rmhi e+i+�+ �++ �_#+i rd� �l�v�e�c� /'2 \ �r tnr.v�d _.e�Lvr�+ �r ���c� _e�v� �ms rva�l�i r��i- i �++
Ar� lot or._,premises on which faur (4) or nnre docts or cats, or any oa��bination
of four (42 or more dogs or cats. at lea.st six (61 months of aqe, are kept.
• • �� • � � �• • �� : � i « •• w� • ► i w • • n � r
�• �
�
SHIRI�'Y A. HAAPAIA - CT'1'Y Q�RK
Fix'St Reading:
Second R,e.ad�ng:
Publish:
2E
WII�I�M J. rTF.E - MAYOR
,
NEWQUIST & EKSTRUM, CHARTERED
ATTORNEYS AT LAW
SUITE 301. FRIDLE�' PLAZA OFFI('E BUILDING
6401 UNIVERSITY AVENUE N.E.
FRII)LEY, �1N 55432
TELEPffONE (6I2) 571-687(1
. FAX (61?) 571-6RR4
CARL J. NE�'�'Ql11ST OF C'OUNSEL
B. WILLIAM EKSTRI►�1 Ju1y 19, 1990 DOUGLAS.1. PETERSUN
Fridley City Hall
6431 University Avenue N. E.
Fridley, Minnesota 55432
Attention: Mr. William Burns,
Fridley City Manager
Fridley Police Department
6431 University Avenue N. E.
Frid]ey, Minnesota 55432
ttention: Mr. James P. Hill,
p!+h?;c Safety Director
RE: Fridley Dog Qrdinance
Dear Bill and Jim:
It is rare for anyone to spend the time and money necessary to constitutionally
challenge a municipal ordinance. Unfortunately, a Mr. Roger Dreher chose to
contest the validity of the Edina dog ordinance. The Court of Appeals held that
the Edina ordinance was unconstitutionally vague as it prohibited "any animal
which shall by any noise disturb the peace and guiet of any persons in the
vicinity thereof".
Our Fridley ordinance prohibits animal noises that "unnecessarily disturb or
annoy any person or persons in the vicinity thereof". Our animal ordinance also
refers to our public nuisance prohibition against "maintaining or permiting a
condition which unreasonably annoys, injures or endangers the safety, health,
comfort, or repose of any considerable number of inembers�of the public.
I believe the next time we have a court case, our Fridl2y ordinance will be sub-
ject to the same criticism, namely that the "ordinance as written gives no
guidance to the pet owner, the neighbor, or the investigating officer as to what-
is allowable barking and what is not".
Because barking dogs can be such an annoyance and because we do need an enforce-
able barking dog ordinance, I respectfully suggest that the City of Fridley con-
sider amending Section 101.0� (5) to estabTish a more objective standard of
behavior.
ZF
Mr. William Burns
Mr. James P. Hi 1 i
Page Two
July 19, 1990
I am attaching a copy of the court decision for your review.
Thank you.
CJN:pp
enclosure
,
l ' �
�%� ery' ` uiy yours,
,` � �i
� �,
Carl . Newquist
'� �
�
2G .
�ot ttiose without ��s
----
�RFA T�R ANOKA COI/NT r NVMANi� SOC��T r
-----------------------------------
1411 MAIN STREET • COON RAPIDS, MN 55433 • 754-1642
,'
•
RE_ Keec�ing of wild and/or exotic animals.
Most.species of upland game bird.s are specifically protected. by
the Minnesota DNR who r�quire that permits to possess d.isplaced,
sic'; or iniured protected animals be obtained.
Migratory birds along with other wild birds, e.g robins, bluebirc7s,
etc., are protected under Federal La�a. Permits are available .from
the US Fish and Wildlife Service to allow the keeping, rehabilitat-
ing and raising of such birds.
It is true that a person may purchase ducks, geese, pheasants and.
turkeys(wild varieties), hut State and Federal Law generally require
that a receipt be kept and shown upon request to prove that these
animals caere not taken from wild habi*_at, �ut were born and raised
in captivity.
Ga.«e �ar.�, ��rr,its are generally required for Qersons keeping any
variety of wild mammal. Among the reasons �or this requir�ment
is the fact that *_here is no conclusive evidence that conventional
rabies vaccines have an effect upon wild animals.
7t may not be accurate to consider wild anir.ials as "dangerous" in
and of themselves, however, there may be a danger to the animals
in allowing uninitiated��ualifiec� persons to assume their care.
The prope.r care, in terms o.f special feed and medication, is gen-
eraily quite costly and often not easit_v obtainabte.
On the o�her hand, many wild or "exotic" animais such as, bear,
targe snaKes, wotf, bobca+_s, couQars and other large cats are
�ecoming �opular "pets". Most experts agree that an inherently
wild anirnal can never be comnle±ely "ta�ed" and must be ac7equately
housed or caged *_o prevent in�ury to Aeo�le or to themselves.
Several cities �ave ac�o�tec? ordinances that require special permits
for pe aons ta keep exotic mammals and some simply do not ailow
them to be kept at all.
It may �e best for p�npte to consider that wild animals are meant
to be wild and should not be held in captivity.
The Humane Society is attempting to organize a program to help
iniure�, ill and orphaned wildli.fe. This program will provide
an option for the care and protection of wild creatures.
2�
�
Dear Mayor,
cc •, i , �., �.; .,,.
?. � A�v.ti�,
b�, � . � � r.» � = �y
January 16, 1987
You probably remanUer about a month ago or so, a supposedly t�me
Himalayan bear had to be shot. The bear r.ras a worry to the neighbors;
they thought his cage �ras not strong enough to hold him if he decided
he no icanger z�ranted ter stay. In the end, I understand that he did get out
and tried to bite one of the officers, �rhich mac3e it necessary to shoot
the bear, people were outraged that this defenseless, declaved bear was
cornored and shot. (It rras not reported that the bear had tried to attack
the officer.)
I'm upset also about the bear having to be shot. The whole incident
should not h.ave happened. People should not be allowed to buy and keep
exotic or wild animals that could possibly harm saneone. People should
alsci not be allawed to ha,ve ducks in town. (These are usually Easter
gifts.) We've had a couple of incidents in the last two years where people
have these ducks that they turn loose when it's no longer convenient to
�eep theni, which is when it turns cold. These poor ducks don't Imow
s
enough to fly south, so they just sit in this unbearble cold and freeze.
One of these ducks was rescued and taken to a farm, the other was lured
with food, caught and transferred.
I don't think it's right that these animals should have to suffer and
die, .: that concerned citizens and police officers should have to risk their
lives recapturing bears or rescving ducks frozen in ponds. �
2J
-
�2)
I believ�e all the cities and tawnships shpuld hav�e an ordinance that
states that people should not be allo�red to have certain vfid or exotic
aniaals. (� list should be compiled of all animals that vould or wuld not
be aeceptable as pets.) There should also be an ordinance allowing people to
have ducks only if they have a farm.
I am a me�nber of the Greater Anoka County H�m�ane Society. Our director
suggested in the December newsletter that r�e should write to our cities
and find out xi�at ordinances they have concerning these areas. If they have
none, that they should possibly be drafting some.
I am writing all the cities and tovnships in the Anoka county area.
Would y� please take the time to write to me and Iet me )maw if your city
or townshi�s has any ordinance about keeping exotic animals or farm type
animals?
Thanks so much for your time in this matter. A self addresse�,
stamr�ed enveton� i.s enclosed for your convenience.
Sincerely,
�.f/ �G��Ci�Gl�'
Carol Hughes
r
tual lta�hcs �t
N24 �sitim� �vs. N.E. 1 1
fria2sq, �i 55432 • ,_ �
2K.
•
� _
�
.
Community Development Department
PLA►NNING DIVISION
City of Fridley
DATE: October 31, 1991 �
�� `� .
TO: William Burns, City.Manager�`�;
FROM: Barbara Dacy, Community Development Director
SUBJECT: First Reading of an Ordinance Approving a
Rezoning, ZOA #91-02, by Tom Brickner; 6450
Central Avenue N.E.
Attached for first reading is the ordinance rezoning the property
located immediately south of Sandee's Restaurant, and on the west
side of Central Avenue, from C-1 and C-2 to R-3, General Multiple
Family Dwelling, for construction of a 48 unit apartment building.
The public hearing was conducted at the October 21, 1991 meeting.
The petitioner indicated to staff that he will be out of town until
mid-November. The petitioner's son, Rick Brickner, will be at the
meeting. Tom Brickner also indicated that he has received a number
of phone calls from area residents who want to live in the proposed
apartment building. He stated that some of those people may be at
Monday's meeting. He also stated that his son may request the City
Council to table final action on this item.
The Planning Commission at its September 18, 1991 meeting
recommended that the City Council deny the proposed rezoning
request. Staff recommends that the City Council approve the
rezoning, subject to eight stipulations:
1. A plat shall be submitted and approved by the City Council.
2. A drainage plan and preliminary calculations shall be
submitted in conjunction with the plat application indicating
a pond in the northwest corner and the drainage directed to
the west property line.
3.
4.
A permit shall be approved by the Rice Creek Watershed
District prior to issuance of a building permit.
A landscape plan in conformance with the ordinance shall be
submitted in conjunction with the plat application.
3
Brickner Rezoning; First Reading
October 31, 1991
Page 2
5. Existing trees shall be maintained along the west property
line to provide buffering and screening, and shall be
protected during construction.
6. Deed restrictions prohibiting outdoor sheds, a swimming pool,
and limiting the number of persons per dwelling unit, shall
be recorded against the property prior to issuance of a
building permit.
7. An overall parking and access plan with Sandee's Restaurant
shall be submitted with the plat application.
8. The southerly driveway access shall be eliminated on the site
plan.
BD/dn
M-91-791
3A
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY
OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN
ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION l. Appendix D of the City Code of Fridley is amended
as hereinafter indicated.
Be and is hereby rezoned subject to stipulations
adopted at the City Council meeting of
, 1991.
SECTION 2. The tract or area within the County of Anoka and the
. City of Fridley and described as:
Lot 2 and the Southerly 399 feet of Lot 3, Auditor' s
Subdivision No. 88, generally located at 6450
Central Avenue N.E.
Is hereby designated to be in the Zoned District R-
3, General Multiple Dwelling.
SECTION 3. That the Zoning Administrator is directed to change
the official zoning map to show said tract or area
to be rezoned from Zoned District C-1, Local
Business and C-2, General Business to R-3, General
Multiple Dwelling.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
ATTEST:
WILLIAM J. NEE - MAYOR
SHIRLEY A. HAAPALA - CITY CLERK
Public Hearing: October 21, 1991
First Reading:
Second Reading:
Publication:
�1 '
.�
FROM SpRNA 6U2Y LGW MPLS. 10.31.1991 17s12 P. 2
TO:
FROM:
MEMaR1�NDUM
Fridley City Council
Virqil C. NQrrick
City Attorney
SUBJECT: need Restr�vtions Por Hrivkner Praperty
DATE: Octcber 30, 1991
This Memorandum is in responBe
opin�.on xegarding the proposed
Brickner has agreed to appiy to
developmen�.
to the Council•s request tox an
deed restrictians that Tom
his praposed apartmen�
Counc�lman schneidPr r��ked Y.har T vive my o�ai,nion on twn
questions. These were:
1. W1�e�her Mr. Brickner's propoeal �o limi� the
number of occupan�s to �wo pereans per one
bedroom apaxtment and three persons per two
bedraom apartmen� would violate gi;aL•utory
provisions rega�rding discrimir�ation in
housingt and
2. IS such restriction is permiasible, how, and
by whom, COUICI �h@ restrfction be en�orced.
I have axamined the Minnesota Str�tute on Human Rights, Seotion
363. 02, which sets tQrth axemptions to the di�acrimii�afi.ory
proviaions of the Statiute. Minn. Stat. §363.02 Subd. 2(2)
provide� as follows:
"The provisions oP section 363.03, subdivision 2,
prohibit3.nq discximiriation because of famili.al status .
shall not be construed to de�'eat the applicability oE
any local, sta�e, or tederal restrictions regardinq the
maximum Ysumber o� oaaupants pern►itted to occupy a
dwelZing uniti and ehall not apply to:...
(b) hau�ing for elderly persons."
"Housing tor e2derly peraons" is then dePined in
the Section and provides that hou$ing is
determined tia be for the elderly it.it is intended
solely by per�ons 62 years of ag� or older or if
it is ir►tended and operated fcr accupancy by at
least ona person 55 years of �ge or aldez per unit
(Por further det�ils see the Section).
3C
Fridley City Council
October 30, 1991
Page Two
Based upon the above quotad Ssotion oF the Minnesota 3tatute i�
would appear that reasonable restrictions Qn �he number ot
occupants per dwelling u�it would not be considered tio be in
violation oi the State Human Rigiite Statute becau�e of lamilial
stiatus. There are rew, if any, oases interpreting this Section
of the Minneaota Statute�. It ie cQnceivable �hat an arqument
could be ma�e that a strict limi�a�ion on the number ot occupa�te
in a�� apartmei�t unit might discri�inate against individuals based
on income status or national origin. However, I have not found
any vases that so hold.
I believe that there are two methods of enfarcing thie type or
restriction on the number of inhabitante per unit. Mr. Brickner
has indicated a wi��ingness to adop� a protective covendnt that
would contain provisions regarding the nutnber of occupants per
unit and alsp provislons relating to the type oP amenities �hat
would be included with the proposed apartment project.
Ordinarily, protective covenants are qeneraliy considexed
restrictions under contracts �or deed having private ends and
alth4ugh they may in aome instances be direoted to seaure public
welfare they sre, nPVQrthel���, �rivat�ly conceived, aont.ralled
ai�d directed. Genarally, t;hey are noti enforced by the
municipality but rather by other individuais who are ownez�s aP
tk�e property within the plat or development. However, our oPfice
i�as, in other occasian�, developed proteative oovenanti� which
state that a portion oY the covenant or rastrictians may be
anforced by the municipality. We have not had thege covenants
challenqed or interpreted by r� court but feel that if the owner
o� the project agraes to this provision and iP the covenant is a
recorded documer,t, that the court� would allow the City to
entorce those par�icular provi83one.
A second mathod oP enPorcing the provi.sions would be to make tiie
rezoning cond�,t�021�d L3j�011 the Yiling o� the prQtective aovenants
and r.epeat the r.estriat3.ons within the conditions attached ta the
rezoning. This procedure is qenerally known as conditional
zoning or can�rac� zoning. At one time the cour�e were reluc�ant
to ehfurce tt�i� type of rezoning but in recenL• yeara conciitionai
or contract zoning has been lovked upon witti favor by many
aourts.
.,. .�
It is my opinion that a restric�ion on the number af i.nctividuals
that may occupy a dwellinq unit.is not in viol�►tion o! the
Mitinesota Human Riqhts 3tatute arid thati. thig restrictic�tt �ould be
enforGed by the owner.oP the apartment development, by occupants
oP the apartment and by the municipality. I recommend that both
a protective covenant and a conditional rezoning be used and that
3D
FROM BARNA GU2Y LpW MPLS. 10.31.1991 17:13 P• 4
Fridley City Councll
October 30, 1991
Page Three
the regtrictions on occupancy and other restrictions on the
project be reeited both in the protective covenants and in the
conditions attached to the rezoning.
3E
�
� STAFF REPORT
APPEALS DATE
CITYOF PLANNiNG COMMISSION DATE september 18, 1991
FIZlDLEY CI1Y COUNCIL DATE : october 7, 1991 AuT�t �
REQUEST
PERMIT NUMBER
APPLfCANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT_ LAND USES
& ZONING
UT1Lff1ES
PARK DEDICATION
ANALYSIS
FiNANCiAL lMPUCATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
COMPATIBILITY WITH
ADJACENT USES & ZONING
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATiON
PLANNING COMMISSION
RECOMMENOATION
ZOA #91-02
Thcxrias Briclmer
To rezone property f�xn C 1, Local Business, and C-2,
General Business, to �3, General Multiple Dwelling
64� Central Avenue
110,192 sq. ft.; 2.52 acres
C-2, Local Business,and C-2, General Business
C-1, I,ocal Business, and C-2, General Business, to the N;
Nf-1, Light Industrial, to the S; R-2, ZWo Fa¢nily Dwelling
to the W
Approval
Denial
Staff Report
ZOA #91-02, Thomas Brickner
Page 2
REQUEST
The petitioner is proposing to rezone property located south of
Sandee's Restaurant and west of Central Avenue from C-1, Local
Business and C-2, General Business to R-3, General Multiple Family
Dwelling in order to construct a 48 unit, three story apartment
building. The rezoning request is one of two land use requests
which will need to be considered by the City Council. If the
rezoning request is approved by the City Council, the petitioner
will need to submit a plat ( in order to subdivide the property from
the Sandee's Restaurant property), drainage calculations, and a
landscaping plan.
The petitioner is proposing a three story, 48 unit apartment
building. Each floor will contain �6 units; four one bedroom units
and 12 two bedroom units. The apartment will have both above- and
below-ground parking spaces. The petitioner intends to live in the
building and manage it. The petitioner has met with the
neighborhood on several occasions and has agreed to file deed
restrictions against the property to limit the following:
1.
2.
3.
No outdoor sheds;
No swimming pool; and
Restricting the number of people per unit, to no more than
three persons in a two bedroom unit, and no more than two
persons in a one bedroom unit.
The intent of the deed restrictions is to promote the building as
an "adult" building.
SITE
The property is currently vacant and is characterized as having a
low elevation and containing wet/poor soils. The lot is heavily
wooded with a variety of trees including Maple, Aspen, Cottonwood,
and shrub materials indicative of wet soil conditions. The
property is zoned C-1, General Business and C-2, Local Business,
as is the property to the north. The Advance Company property
located to the south is zoned M-1, Light Industrial and property
to the west is zoned R-2, Two Family Dwelling.
ANALYSIS
In analyzing a rezoning request, there are three tests which must
be evaluated:
� 3G
Staff Report
ZOA #91-02, Thomas Brickner
Page 3
1. That the proposed use
intent;
2.
3.
is consistent with the district's
That the proposed use is consistent with the lot and structure
requirements of the zoning district; and
That the proposed use is consistent with adjacent uses and
zoning.
DI5TRICT INTENT
The intent of the R-3, General Multiple Family Dwelling district
is to provide zoning for single, two family, and multiple family
dwelling units. As the proposed use is for a three story, 48 unit
multi-family apartment, the proposed use meets the intent of the
zoning district.
LOT/STRUCTURE RE4UIREMENTS
The proposed site plan meets the minimum requirements for lot area,
setbacks, and provision of garage/parking spaces. However, there
are several issues which need to be addressed. These include
height, landscaping, drainage, traffic, and platting.
Height
The apartment building is proposed to be a height of 42 feet which
is below the 45 feet allowed by the zoning district; however, as
was stated earlier, there are poor soil conditions which will need
to be corrected prior to construction of the building. The
petitioner has completed a soils report; analyzing the soils in the
vicinity of the proposed building. The petitioner's consultant has
determined that with appropriate soil correction, the maximum
height of the building will be 42 feet; however, as the soil
analysis was limited, actual field conditions may result in the
construction of the building at a higher elevation than what is
proposed. The proposed building, once completed, will be the
tallest structure in the area.
Landsca�inq
As was stated earlier, the petitioner will need to submit a
landscape plan consistent with the ordinance. As a condition of
approval, the petitioner should be required to save as many of the
existing trees as possible to provide screening and buffering for
the single story, two family dwellings to the west of the parcel.
These trees will aid in mitigating the difference in scale between
the proposed building and the surrounding structures.
3H
Staff Report
ZOA #91-02, Thomas Brickner
Page 4
Drainaae
The petitioner will not submit a drainage plan until the proposed
plat has been prepared. Concern regarding the overall drainage in
the neighborhood has been expressed by the homeowners in the area
during past land use requests and also during the neighborhood
meetings conducted by the petitioner.
Storm water in the area flows from Harris Pond located east of
Central Avenue through a series of pipes to an open ditch located
north of the Graystar office building. Once the ditch reaches
Central Avenue, it is joined by a second ditch parallel to Central
Avenue. Storm water flows from the joining of these two ditches
under Central Avenue and along the north side of East Moore Lake
Drive through a series of pipes. These pipes enter a series of
detention ponds located in the Moore Lake Commons development area,
eventually entering Moore Lake.
Storm water from the proposed development should be directed toward
a third ditch located along the west lot line of the subject
parcel. The design of the project will need to include a pond
located at the northwest corner of the property, discharging into
the third ditch. Any flooding problems the neighborhood is
currently experiencing due to the capacity of the downstream system
wi11 not be increased due to the proposed project. By ordinance,
water is not allowed to flow off the subject parcel at a rate
greater than what flows off the site in its undeveloped state.
Further, Anoka County has indicated its preference to have the site
drain toward the west, and not toward Central Avenue.
Traffic
Traffic issues pertain to two areas: i) on-site and combined
traffic with Sandee's Restaurant, and 2) the intersection of Old
Central Avenue and Mississippi Street.
Staff has analyzed the requirements for installing a traffic signal
at the intersection of Old Central Avenue and Mississippi Street.
In reviewing requests for traffic signals, Anoka County has
established ten warrants which must be evaluated prior to
installation of a signal. Of the ten warrants, only the first
warrant, minimum vehicular volume, applies to the intersection.
It requires that the volumes in eight hours out of 24 hours need
to be exceeded. In analyzing the traffic counts for the
intersection and combining it with the proposed traffic of the
apartment building, the minimum vehicular volume warrant is not
met. Using the ITE (Institute of Traffic Engineers) suggested
number of trips per day for apartment complexes as five to six
31
Staff Report
ZOA #91-02, Thomas Brickner
Page 5
. ..
trips per unit, approximately 300 additional trips will be
generated by the proposed use. Using a 50°s distribution where 50�
of the people leaving the facility will travel north on Central
Avenue and 50% of the people leavinq the facility will travel south
on Central Avenue, the required vehicle trips per hour on Central
Avenue is not great enough to warrant the installation of a traffic
signal. However, our analysis is not a sophisticated traffic
analysis, and if in error by as little as 10%, it is possible that
the minimum vehicular volume warrant could be met.
Anoka County will not consider the installation of a signal at this
intersection until the actual vehicle volume exists. Anoka County
is willing to complete the traffic counts after the project is
completed and consider adding a traffic signal to its capital
impravement project.
The proposed vehicular entrance into the apartment complex is
located less than 30 feet from one of the Sandee's Restaurant's
parking exits. Staff recommends that the parking area for the
apartment be tied with the parking area for Sandee's Restaurant to
reduce the number of driveways. This will limit the traffic
conflicts on Central Avenue. Anoka County has suggested that one
of the two driveways to the project be eliminated. Staff
recommends that the southerly driveway be eliminated. Further, a
driveway connection to the Sandee's lot should be made. Staff will
recommend this on the plat request as well.
Plattina
Currently, the subject parcel is combined with the Sandee's
Restaurant parcel. In order to develop the apartment complex, the
two parcels need to be legally separated. As the parcels were
originally part of an auditor's subdivision, a plat will need to
be created in order to process the legal separation of the
properties. The platting process should be completed if and when
the rezoning request is approved. The second reading of the
rezoning would not occur until the plat was completed and
construction had begun.
COMPATIBILITY WITH ADJACENT USES AND ZONING
While the rezoning request has met the first two tests, there are
several advantages and disadvantages to approving the request.
Disadvantages
The proposed rezoning request would continue the mixed land use
pattern which currently exists along the west side of Central
Avenue. Currently, there are three developed properties: 5andee's
3J.
Staff Report
ZOA #91-02, Thomas Brickner
Page 6
Restaurant, the Advance Companies (M-1), and the Ziebart facility
(M-1). The remaining undeveloped properties are zoned commercial
and CR-1, General Office District. North of Mississippi Street,
the land use on the west side is residential and then industrial
north of Rice Creek.
In addition, the proposed rezoning would locate a higher density
population near the M-1 zoning district. While the use of the
property by the Advance Company has relatively low impact, it is
possible that a higher intensity industrial use could locate in
that location. Other homeowners in the area have complained about
noise from Sandee's Restaurant and Moore Lake Commons.
There is also the issue of scale and the visual impact that the
proposed apartment building may have on the neighborhood. The
building will be much taller than any building which exists in the
area and may emphasize the mixed use nature of the west side of
Central Avenue.
Advantages
The proposed rezoning request does meet all requirements of the
zoning district and may have a minimal impact on the neighborhood.
While the proposed building will be the tallest structure in the
area, the R-3 regulation setbacks are written to provide adequate
setbacks between adjacent structures. There will be approximately
120 feet between the proposed apartment and the adjacent
structures. The intent of the district regulations is to mitigate
the impact of scale between various structures.
The proposed use would generate less traffic than a commercial use,
such as a restaurant, and there are no extended hours of operation.
The vehicular activities of the building would be buffered by the
building itself due to its "L" shape, which forces the vehicular
activities toward Sandee's Restaurant and Central Avenue. In
addition, the apartment building is a collector street (as opposed
to a residential street), near shopping facilities, and on a
transit line.
Staff also questions whether additional commercial development will
be generated as "spin-offs" from the Moore Lake Commons
development, and whether retaining the existing commercial zoning
on both sides of the street will be compatible with the residential
areas (compatibility issues were raised during the Moose Lodge
request). There is adequate commercial space in Moore Lake Commons
for neighborhood commercial uses to locate, and to serve the area.
3K
Staff Report
ZOA #91-02, Thomas Brickner
Page 7
RECOMMENDATION/STIPIILATIONS
As the rezoning request meets the intent of the district, the lot
and structure requirements of the district and the advantages
outweigh.the disadvantages regarding compatibility of the proposed
rezoning with the adjacent uses and zoning, staff recommends that
the Planning Commission recommend approval of the request to the
City Council, with the following stipulations:
1. A plat shall be submitted and approved by the City Council.
2. A drainage plan and preliminary calculations shall be
submitted in conjunction with the plat application indicating
a pond in the northwest corner and the drainage directed to
the west property line.
3. A permit shall be approved by the Rice Creek Watershed
District prior to issuance of a building permit. ,
4. A landscape plan in conformance with the ordinance shall be
submitted in conjunction with the plat application.
5. Existing trees shall be maintained along the west property
line to provide buffering and screening, and shall be
protected during construction.
6. Deed restrictions prohibiting outdoor sheds, a swimming pool,
and limiting the number of persons per dwelling unit, shall
be recorded against the property prior to issuance of a
building permit.
7. An overall parking and access plan with Sandee's Restaurant
shall be submitted with the plat application.
8. The southerly driveway access shall be eliminated on the site
plan.
Planninq Commission Action
The Planning Commission voted 4-2 to recommend denial of the
rezoning request to the City Council.
City Council Recommendation
Staff recommends tha the City Council approve the rezoning request
as it meets the three tests used to evaluate rezoning requests.
3L
CITY OF FRIDLEY
M E M O R A N D II M
�� .
TO: WiLLIAM W. BORNB, CITY MANAGER �:''
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SIIBJECT: INTOBICATING LIQIIOR HOIIRS OF OPERATION CHANGES
AMENDING CITY CODE SECTION 603.11.01
DATE: OCtober 31, 1991
The Intoxicating Liquor hours of operation as set out in the City
Code have followed those set out by State Statute. The Legislature
changed the restriction on Holidays during 1990 that had never been
carried through to our City Code. The attached ordinance change
will modify our code to reference the State Statute so as hours are
modified we need not make changes to the Code. A copy of the State
Statute is attached.
If you have any questions regarding this matter, please let me
know.
RDP/me
Attachment
0
ORDINANCE N0.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 603, ENTITLED "INTORICATING
LIQUOR", BY AMENDING SECTION 603.11.01,
HOURS OF OPERATION
The City Council of the City of Fridley does hereby ordain as follows:
603.11. HOURS OF OPERATION
1. The hours of operation shall be as provided by State Statute. Chapter 340A.
rTi ,. � - �,..,; ,...�;.,.. i ; ,,.,,..- i, nn ,a
�v euso vx 'xi�rcvssxvavxcc�xxcraa s os:��� �6 i$8E�6 �6�LJe6i! ��6 �iAli�6 A �.=-v�v-4—aa---ss-mz
i n. nn e....a.,., i,�+.., ��„ �,.
zv . vv es ci� ^vi: oaczcezTs:^vs vv c�reQi} � � 8A � � &ii� � ' A� & $F 9Ei ��61Fl���B ��
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aciaxx oc cxcuc vvcwovs: ociv ssvazo vx x v—'e� E� 6it �`�7-6 �¢Aii�'�3=
�#�e�g�—o���r-��—�3e���e—�.���—''�^ -.��^�e--a-f�e�-�o--��--e� Beeembe� �4 ; -a�}
������BaTBee�Q��� r''''�,^^,•°^;<,;,,R n°=L (Ref. 752, 784, 933)
2. It shall be unlawful for any persons or customers, other than the licensees
or their employees to remain on the premises after 1:30 a.m. There shall be no
consumption by any persons, including the licensees and their employees, after
1:30 a.m.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 1991.
ATTEST:
SHIRLEY A. HAAPALA, CITY CLERK
First Reading:
Second Reading:
Publication:
� �
WILLIAM J. NEE - MAYOR
��--
$01 � L[QUOR 340AS08
(7) after 8:00 p.m. on Christmas Eve, December 24.
Subd. 5. Bott�e clubs. No establishment licensed under section 340A.414, may per-
mit a per'son to consume or display intoxicating liquor, and no person may consume
or display intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays, and
between 1:00 a.m. and 8:00 a.m_ on Monday through Saturday.
Subd. 6. Municipalities may limit hours. A municipality may further limit the
hours of sale of alcoholic beverages, provided that fuRher restricted hours must appty
equally to sales of nonintoxicating malt liquor and intoxicating liquor. A city may not
permit the sale of alcoholic beverages during hours when the sale is prohibited by this
section.
History: 1985 c 139 s I; 1985 c 305 art 7 s 4; 1Sp1985 c 16 art 2 s 3 subd I; 1987
c S s 4; 1987 c IS2 art 1 s 1; 1988 c 420 s 1; 1989 c 49 s 3-S; 1990 c 554 s 14
3qQA.505 LICENSEE MAY NOT SELL FOR RESALE.
p retail licensee may not sell alcoholic beverages to any person for the purpose of
t�sale or to any person whom the licensee has reason to believe intends to resell the alco-
holic beverage without written approval of the commissioner.
History: 1985 c 305 art 7 s S; 1487 c 152 ari 1 s 1
340A.506 SALES OF ETHYI. ALCOHOL AND NEUTRAI._ SPIRTTS PROHIB-
TTED.
No person may sell at retail for beverage purposes ethyl alcohol or neutral spirits,
or substitutes ihereof, possessing the taste, aroma, and characteristics generally attri-.
buted to ethyl alcohol or neutral spirits. Nothing in this section pmhibits the manufac-
ture or sale of other products obtained by use of ethyl alcohol or neutral spirits as
defined in United States Treasury Department, Bureau of Intemal Revenue, Regula-
tions 125, Article: II, Standards of Identity for Distilled Spirits.
History: 1985 c 305 art 7 s 6; 1987 c 152 art 1 s 1
340A.507 REGULATION OF ADVERTISING.
Subdivision 1. Rnles. The commissioner may by rule regulate the advertising of
alcoholic beverages. Rules must be adopted under chapter 14. .
Subd. 2. Wine catalogs. No rule may be construed as prohibiting the advertising
of wines by off-sale licensees or municipal liquor sf ores by means of catalogs distributed
by direct mail listing not less than 25 varieties of wine and the price of each.
Subd. 3. Border cities. No rule may prohibit the advertising of intoxicating liquor
prices by an off-sale licensee in a newspaper of general circulation published in an
; adjoining state if it is the primary newspaper of general circulation in the licensee's
area.
� Subd. 4. Campus contests restricted. No manufacturer, wholesaler, or retailer of
•alcoholic beverages, whether holding a license in Minnesota or not, may conduct, spon-
sor, or contribute financially to events or activities that are held on the campuses or
other property of a post-secondary institution of learning, and involve the consumption
or sale of alcoholic beverages. This subdivision does not affect on-campus, licensed
retailers of alcoholic beverages.
History: 1985 c 305 art 7 s 7,• 1986 c 33� s 7; 1987 c 152 art 1 s 1
�OA.508 TAMPERING OR REFILLING BOTTLES.
;:. Subdivision 1. Refilling bottles. It is unlawful for a person to sell, offer for sale, or
�p for sale alcoholic beverages in a package or bottle which has been refilled or partly
' Subd. 2. Tampering or dituting rnntents. It is unlawful for a person holding a retail
oxicating liquor license or a nonintoxicating liquor license, directly or indirectly
nngh an agent, employee, or other person, to dilute or in any manner tamper with
� �
��;`�-
�.. _
`'�'f i.-,�� � -
��j } ��:.: , .
� �:
;,�;-. -
_, 340A.504 LIQUOR
80I0
340A.504 HOURS AND DAYS OF SALE.
Subdivision 1. Nonintoxicating malt liquor. No sale of nonintoxicating malt liquor
may be madc between 1:00 a.m. and 8:00 a.m. on the days of Monday through Satur-
day, nor betwcen 1:00 a.m. and t 2:00 noon on Sunday, provided that an establishment
, located on land owned by the metropolitan sports commission, or the sports arena for
which one or more liccnses have been issued under section 340A.404, subdivision 2,
. paragraph (c), may sell nonintoxicating malt liquor between 10:00 a.m, and 12:00 noon
on a Sunday on which a sports or other event is scheduled to begin at t�at location on
or before 1:00 p.m. of that day.
� Subd. 2. Intoxicating liquor, on-sale. No sale of intoxicating liquor for consump-
; tion on the licensed premises may be made:
i
i: (1) betwan 1:00 a.m. and 8:00 am. on the days of Monday through Saturday;
(2) after 1:00 a.m. on Sundays, except as provided by subdivision 3;
(3) betwan 8:00 p.m. on December 24 and 8:00 am. on December 25, except as
provided by subdivision 3.
Subd. 3. Intoxicating Iiquor, Sunday sales; on-sale. (a) A restaurant, club, bowling
center, or hotel with a seating capacity for at ieast 30 persons and which holds an on-sale
_ intoxicating liquor license may sell intoxicating liquor for consumption on the premises
in conjunction with the sale of food between the hours of 12:00 noon on Sundays and
1:00 a.m. on Mondays.
(b) The governing body of a muaicipality may after one pubtic hearing by ordi-
nance permit a restaurant, hotel, bowling center, or club to sell intoxieating liquor for
consumption on the premises in conjunction with the sale of food between the hours
; of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays, provided that the licensee is in
conformance with the Minnesota clean air act.
;: (c) An establishment serving intoxicating liquor on Sundays must obtain a Sunday
;; license. The license must be issued by the goveming body of the municipality for a
period of one year, and the fee for ihe license may not exceed $200.
' (d) A municipality may issue a Sunday intoxicating liquor license only if autha
! rized to do so by the voters of the municipality voting on the question at a general or
special election.
(e) An election conducted in a town on the question of the issuance by the county
of Sunday sales licenses to establishments located in the town must be held on the day
of the annual election of town ofticers.
(� Voter approval is not required for licenses issued by the metropolitan airports
commission or common carrier licenses issued by the commissioner. Common carriers
serving intoxicating liquor on Sunday must obtain a Sunday license from the commis-
sioner at an annual fee of $50, plus $5 for each duplicate.
Subd. 4. Intoxicating liquor, off-sale. No sate of intoxicating liquor may be made
by an off-sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. on Monday through Saturday; _
(3) after 10:00 p.m, on Monday through Saturday at an establishment located in �
a city other than a city of the first class or within a city located within I S miles of a city
of the first class in the same county;
(4) after 8:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday
and Saturday at an establishment located in a city of the first class or within a city
located within 15 miles of a city of the first class in the same county, provided that an
establishment may seil intoxicating tiquor until 10:00 p.m. on December 31 and July
3, and on the day preceding Thanksgiving day, un(ess otherwise prohibited �under
clause (1 p
(5) on Thanksgiving Day;
(6) on Christmas Day, December 25; or
4C
CITY OF FRIDLEY
M E M O R A N D II M
� ��'
TO: NILLIAM W. BURNS, CITY MANAGER �•
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SIIBJECT: LIQIIOR ON-SALE CLIIBS HOURS OF OPERATION CHANGES
AMENDING CITY CODE SECTION 606.11.01
DATE: October 31, 1991
The Intoxicating Liquor On-Sale Clubs hours of operation as set out
in the City Code have followed those set out by State Statute. The
Legislature changed the restriction on Holidays during 1990 that
had never been carried through to our City Code. The attached
ordinance change will modify our code to reference the 5tate
Statute so as hours are modified we need not make changes to the
Code. A copy of the State Statute is attached. -
If you have any questions regarding this matter, please let me
know.
RDP/me
Attachment
5
DRDINANCE N0.
AN ORbINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER
606, ENTITLED "INTO%ICATING LIQUOR ON-SALE CLUBS" BY
AMENDING 606.11.01, HOURS OF OPERATION
1. The hours of o�eration shall be as provided b� State Statute. Chapter 340A.
. . . , . . . . . . .
s��r��b e--ia��e �e��ee�- ��-�et� s--�€-�3-A�A—e: �. e�� 8=9A—e ..
. . . . ,
, . (Ref. 935)
2. It shall be unlaw£ul for any persons or customers, other than the licensees
or their employees to remain on the premises after 1:30 a.m. There shall be no
consumption by any persons, including the licensees and their employees, after
1:30 a.m. (Ref. 809)
PASSED AND ADOPTED BY THE CITY COUNCIi. OF THE CITY OF FRIDLEY THIS DAY
OF , 1991.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
First Reading:
Second Reading:
Publication:
5A
WILLIAM J, NEE - MAYOR
�..*"a;,`�4�ST
�S�YIaa... . F 3 ..
M ���
g0ll
LIQUOR 3AOAS08
(7) after 8:00 p.m. on Christmas Eve, December 24.
Subd. 5. Bottle clubs. No establishment licensed under section 340A.414, may per-
tnit a person to consume or display intoxicating liquor, and no person may consume
or display intoxicating liquor between 1:00 a.m. and ( 2:00 noon on Sundays, and
between 1:00 a.m. and 8:00 a.m. on Monday through Saturday.
Subd. 6. Municipalities may limit hours. A municipality may further timit the
hours of sale of alcoholic beverages, provided that fuRher restricted hours must apply
equally to sales of nonintoxicating malt liquor and intoxicating liquor. A city may not
permit the sale of aicoholic beverages during hours when the sale is prohibited by this
section.
History: 1985 c 139 s 1; 1985 c 305 art 7 s 4; ISp198S c 16 art 2 s 3 subd 1; 1987
c S s 4; 1987 c 152 art 1 s 1; 1988 c 420 s 1; 1989 c 49 s 3-S; 1490 c 554 s 14
340A.505 LICENSEE MAY NOT SELL FOR RESALE.
A retail licensee may not sell alcoholic beverages to any person for the purpose of
resalo or to any person whom the licensee has reason to believe intends to resell the alco-
holic beverage without written approval of the commissioner.
History: 1985 c 305 art 7 s S; 1987 c 1S2 art 1 s 1
340A.506 SALES OF ETHYL AI.COHOL AND NEUTRAL. SPIRTIS PROHIB-
TTED.
No person may sell at retail for beverage purposes ethyl alcohol or neutral spirits,
' or substitutes thereof, possessing the taste, aroma, and characteristics generally attri-
I butcd to ethyl alcohol or neutral spirits. Nothing in this sec�ioa prohibits the manufac-
ture or sale. of other products obtained by use of ethyl alcohol or neutral spirits as
� dofined in United States Treasury Deparfinent, Bureau of Internal Revenue, Regula-
tions 125, Article II, Standards of Identity for Distilled Spirits.
History: 1985 c 305 art 7 s 6; 1987 c ISl art 1 s 1
340AS07 REGULATION OF ADVERTISING.
Subdivision 1. Rules. The commissioner may by rule regulate the advertising of
alcoholic beverages. Rules must be adopted under chapter 14. .
Subd. 2. Wine catalogs. No rule may be construed as prohibiting the advertising
of wines by off-sale licensees or municipal iiquor sfores by means of catalogs distributed
by direct mail listing not less than 25 varieties of wine and the price of each.
Subd. 3. Border cities. No rule may prohibit the advertising of intoxicating liquor
pricxs by an off-sale licensee in a newspaper of general circulation published in an
adjoining state if it is the primary newspaper of general circulation in the licensee's
area.
� Subd. 4. Campus contests restricted. No manufacturer, wholesaler, or retailer of
alcoholic beverages, whether holding a license in Minnesota or not, may conduct, spon-
sor, or contribute financiaily to events or activities that are held on the campuses or
other property of a post-secondary institution of learning, and involve the consumption
or sate of alcoholic beverages. This subdivision does not affect on-campus, licensed
retailers of alcoholic beverages.
History: 1985 c 305 art 7 s 7; 1986 c 330 s 7; 1987 c 152 art 1 s 1
�344A.508 TAMPERING OR REFILLING BOTTLES.
. ��.
�;.: Subdivision 1. Refilling bottles. It is unlawful for a person to sell, offer for sale, or
�,1�eep for sale alcoholic beverages in a package or bottle which has been refilled or partly
'' Subd. 2. Tampering or diluting contents. It is unlawful for a person holding a retail
oxicating liquor license or a nonintoxicating liquor license, directly or indirectly
nugh an agent, empioyee, or other person, to dilute or in any manner tamper with
����:
4z
-f�`r;' s . .
�°,�,�-' :, �,. -.�
�:�;�:'�""«:::• ..
340A.504 LIQUOR 8010
340A.504 HOURS AND DAYS OF SALE.
� Svbdivision t. Nonintoxicating mait liquor. No sate of nonintoxicating malt liquor
"' may be made between 1;00 a.m. and 8:00 a.m. on the days of Monday through Satur-
'; � day, nor between 1:00 a.m, and 12:00 noon on Sunday, provided that an establishment
:� � located on land owned by the metropolitan sports commission, or ihe sports arena for
which one or more licenses have been issued under section 340A.404, subdivision 2,
paragraph (c), may setl nonintoxicating malt liquor between 10:00 a.m. and 12:00 noon
' on a Sunday on which a sports or other event is scheduled to begin at that location on
' or before 1:00 p.m. of that day.
;
� Subd. 2. Intoxicadng liqaor, oa-saie. No sale of intoxicating liquor for consump-
;; tion on the licensed premises may be made:
. (1) between 1:00 a.m, and.8:00 a.m. on the days of Monday through Saturday;
;' i (2) after 1:00 a.m. on Sundays, except as provided by subdivision 3;
,; (3) between 8:00 p.m. ott December 24 and 8:00 a.m. on December 25, except as
t � provided by subdivision 3.
;:_,`
': Subd. 3. Intoxicating liquor, Sunday sales; on-sale. (a) A restaurant, club, bowling
center, or hotel with a seating capacity for at least 30 persons and which holds an on-sale
'�? 1 intoxicating liquor license may sell intoxicating liquor for consumption on the premises
; in conjunction with the sate of food between the hours of 12:00 noon on Sundays and
, 1:00 a.m. on Mondays.
(b) The governing body of a municipality may after one public hearing by ordi-
�; nance permit a restaurani, hotel, bowling center, or club to sell intoxicating liquor for
� consumption on the premises in conjunction with the sale of food between the hours
�,
��:; of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays, provided that the licensee is in
: conformance with the Minnesota clean air act.
;; (c) An establishment serving intoxicating liquor on Sundays must obtain a Sunday
(� ticense. The license musi be issued by the governing body of the municipality for a
�' .
period of one year, and the fee for the license may not exceed $200.
c- (d) A municipality may issue a Sunday intoxicating liquor license only if autha
�' rized to do so by the voters of the municipality voting on the question at a general or
' � special election.
: (e) An election conducted in a town on the question of the issuance by the county
of Sunday sales licenses to establishments located in the town must be held on the day
of the annual election of town officers.
(� Voter approval is not required for licenses issued by the metropolitan airports
commission or common carrier licenses issued by the commissioner. Commoa carriers
serving intoxicating liquor on Sunday must obtain a Sunday license from the commis-
sioner at an annuat fee of $50, plus $5 for each duplicate.
Subd. 4. Intoxicating liquor, off-sale. No sale of intoxicating liquor may be made
by an off-sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. on Monday through Saturday;
(3) after 10:00 p.m. on Monday through Saturday at an establishment located in
a city other than a city of the first class or within a city located within 15 miles of a city
of the first class in the same county;
(4) after 8:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday
and Saturday at an estabiishment located in a city of the first ctass or within a city
located within 15 miles of a city of the first class in the same county, provided that an
establishment may sell intoxicating liquor until 10:00 p.m. on December 31 and July
3, and on the day preceding Thanksgiving day, unlcss oiherwise prohibited under
clause (1);
(5) on Thanksgiving Day;
(6) on Christmas Day, December 25; or
5C
CITY OF FRIDLEY
M E M O R A N D II M
� Q_.
t�
TO: WILLIAM W. BIIRNS, CITY MANAGLR �`
�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SIIBJECT: BEER LICENSIN(3 HOURS OF OPERATION CHANGES
AMENDING CITY CODE SECTION 602.09.01
DATE: October 31, 1991
The Beer Licensing hours of operation as set out in the City Code
have followed those set out by State Statute. The Legislature
changed the restriction on Holidays during 1990 that had never been
carried through to our City Code. The attached ordinance change
will modify our code to reference the State Statute so as hours are
modified we need not make changes to the Code. A copy of the State
Statute is attached.
If you have any questions regarding this matter, please let me
know.
RDP/me
Attachment
0
ORDINANCE N0.
AN ORDTNANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER
602, ENTITLED "BEER LICENSING", BY AMENDING 602.09.01
HOURS
The City Council of the City of Fridley does hereby ordain as follows:
602.09. HOURS
l. Closing Hours.
The hours of operation shall be as provided by State Statute, Chapter 340A. �ie
1 I� . !� /1 AT.. l � L, ,.1 1 l. ,. .7 .. L /1 A • /�l1•
=v ;-vtTC.-m--xrv 3-esr�S-narx vc—maacc ae�Reen ��ie �i9ti��-9� �=v�B . �. @Ei� g : m�-8 . R! .
. . ., , . (Ref. 501, 550,
602, 647, 783, 932)
2. Remaining on Premises.
It shall be unlawful for any persons or customers, other than the licensee or
their employees, to remain on the premises after 1:30 a.m. There shall be no
consumption of wine, non-intoxicating malt liquor, or any intoxicating liquor
by any persons, including licensees or their employees, after 1:30 a.m.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1991.
ATTEST:
SHIRLEY A: HAAPALA - CITY CLERK
First Reading:
Second Reading:
Publication:
• �1
WILLIAM J. NEE - MAYOR
�--
L[QUOR 340A.508
80I1
(7) after 8:00 p.m. on Christmas Eve, December 24.
Subd. 5. Bottle clubs. No establishment licensed under section 340A.414, may per-
mit a person to consume or display intoxicating liquor, and no person may consume
or display intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays, and
between 1:00 a.m. and 8:00 a.m. on Monday through Saturday.
Subd. 6. Municipatities may limit hours. A municipality may further limit the
hours of sale of alcoholic beverages, provided that further restricted hours must apply
equally to sales of nonintoxicating malt liquor and intoxicating liquor. A city may not
permit the sale of alcoholic beverages during hours when the sale is prohibited by this
section.
History: 1985 c 139 s 1; 1985 c 305 art 7 s 4; ISp1985 c 16 a�t 2 s 3 subd 1; 1987
C S s 4; 1987 c 152 art 1 s 1; 1988 c 420 s I; 1989 c 49 s 3-S; 1990 c 554 s 14
$q0A.505 LICENSEE MAY NOT SELL FOR RESALE.
A retail licensee may not sell alcoholic beverages to any person for the purpose of
resale or to any person whom the licensee has reason to believe intends to resell the alco-
holic beverage without written approval of the commissioner.
History: 1985 c 305 art 7 s S; 1987 c 152 art 1 s 1
340AS06 SALFS OF ETHYL A.LCOHOL AND NEUTRAL. 5PIRTTS PROHIB-
TTED.
No person may sell at retail for beverage puiposes ethyl alcohol or neutral spirits,
or substitutes thereof, possessing the taste, aroma, and characteristics generaily attri-
butod to ethyl alcohol or neutral spirits. Noihing in this section prohibits the manufac-
ture or sale. of other products obtained by use of ethyl alcohol or neutral spirits as
defined in United States Treasury Deparfinent, Bureau of Internal Revenue, Regula-
tions 125, Article: II, Standards of Identity for Distilled Spirits.
History: 1985 c 305 art 7 s 6; 1987 c 152 art 1 s 1
340AS07 REGULATION OF ADVERTISING.
Subdivision 1. Rules. The.commissioner may by rule regulate the advertising of
alcoholic beverages. Rules must be adopted under chapter 14. .
Subd. 2. Wine catalogs. No rule may be construed as prohibiting the advertising
of wines by off-sale licensees or municipal liquor sfores by means of catalogs distributed
: by direct mail listing not less than 25 varieties of wine and the price of each.
Subd. 3. Border ciries. No rule may prohibit the advertising of intoxicating liquor
�, prices by an off-sale licensee in a newspaper of general circulation published in an
�:,: adjoiniag state if it is the primary newspaper of general circulation in the licensee's
"�•.; � aTld.
`�;:, --'�: Subd. 4. Campns contests restricted. No manufacturer, wholesaler, or retailer of
`� alcoholic beverages, whether holding a license in Minnesota or not, may conduct, spon-
AL: .
�-: sor, or contribute financially to events or activities that are hetd on the campuses or
�' other property of a post-secondary institution of learning, and involve the consumption
; or sale of alcoholic beverages. This subdivision does not affect on-campus, licensed
;• cetailers of alcoholic beverages.
" History: 1985 c 305 art 7 s 7; 1986 c 330 s 7; 1987 c I S2 art 1 s 1
�:
�AAS08 TAMPERING OR REFILLING BOTTLES.
:. Subdivision 1. Refilling bottles. It is unlawful for a person to sell, offer for sale, or
�p for sale alcoholic beverages in a package or bottle which has been refilled or partiy
'.` Subd. 2. Tampering or diluting contents. It is unlawful for a person holding a retail
�'toxicating liquor license or a nonintoxicating liquor license, directly or indirectly
►?'ough an agent, employee, or othec person, to dilute or in any manner tamper with
• :
n ,:��3 -
��;
�<
�,
�¢
�_'_ _
340A.SOa LIQUOR
'�; ; 340A.504 HOURS AND DAYS OF SALE.
' i Subdivision 1. Nonintoxicadng malt liquor. No sale of nonintoxicating malt liquc
': E may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Satu.
��, day, nor between 1:00 am. and 12:00 noon on Sunday, provided ihat an establishmec
;� located on land owned by the metropolitan sports commission, or the sports arena fc
which one or more licenses have been issued under section 340A,404, subdivision ;
- i paragraph (c), may sell nonintoxicating matt tiquor between I0:00 a.m. and 12:00 noo
` on a Sunday on w}uch a sports or other event is scheduled to
begin at that location o
' or before 1:00 p.m. of that day.
...
� Subd. 2. Intoxicuting Gquor, on-sale. No sale of intoxicating liquor for consumF
.;; tion on the licxnsed premises may be made:
�
(1) betwcea 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;
(2) after 1:00 am. on Sundays, except as provided by subdivision 3;
,�;;;. (3) beiween 8:OQ p.m. on December 24 and 8:00 am. on December 25, �xcept a
� provided by subdivision 3.
�. Subd. 3. Intoxicating liqaor, Sunday sales; on-sale. (a) A restaurant, club, bowlin;
��, '� center, or hotel with a seating capacity for at least 30 persons and which holds an on-sal�
�? ' intoxicating liquor license may sell intoxicating liquor for consumption on the premise
, in conjunction with ihe sale of food between the hours of 12:Qa noon on Sundays an<
1:� a.m. on Mondays.
(b) The governing body of a municipality may after one public hearing by ordi
;�; nance pemut a rostaurant, hotel, bowling center, or club to sell intoxicatin li uor fo�
l: g Q
consumption on the premises in conjunction with the sale of food between the hour
;� : of 10:00 am. on Sundays and 1:00 am. on Monda
ys, provided that ihe licensee is ic
conformance with the Minnesota clean air act.
'.';;; (c) An establishment serving intoxicating liquor on Sundays must obtain a Sunda3
;, Iicense. The license must be issued by the governing body of the municipality for a
' period of one year, and the fee for the license may not exceed $200.
��;:
.�. (d) A municipality may issue a Sunday intoxicating liquor license only if autha
!' rized to do so by the voters of the municipality voting on the question at a gcneral o�
., ;: ;
>r:' ; special election.
(e) An election conducted in a town on the question of the issuance by the county
of Sunday sales licenses to establishments located in the town must be held on the day
of the annual election of town o�'icers.
-s (� Voter approval is not required for licenses issued by the metropolitan airports
�� commission or common carrier licenses issued by the commissioner. Common carriers
serving intoxicating Iiquor on Sunday must obtain a Sunday license from the commis-
sioner at an annual fee of $50, plus $5 for each duplicate.
„� Subd. 4. Intoxicating liqnor, off-saie. No sale of inioxicating liquor may be made
by an off-sale licensee:
' �� (1) on Sundays;
� (2) before 8:00 a.m. on Monday through Saturday;.
`�! (3) after 10:00 p.m. on Monday through Saturday at an establishment located in
_ a city other than a city of the first class or within a city located within 15 mites of a city
of the first class in the same county;
: (4) after 8:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday
- and Saturday at an establishcnent located in a city of the first class or within a city
'; located within 15 miles of a city of the first class in the same count
�t y, provided that an
r� establishment may sell intoxicating liquor uniil 10:00 p.m. oc� December 31 and July
3, and on the day preceding Thanksgiving day, unless otherwise prohibited under
clause (1);
(5) on Thanksgiving Day;
� (6) on Christmas Day, December 25; or
TO:
FROM:
CITY OF FRIDLEY
M E M O R A N D II M
n� �
�
�`�
WILLIAM W. BORNS, CITY MANAGER ,[�,
•��
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT APPLICATION
FOR THE FRIDLEY V.F.W. POST 363
DATE: OCTOBER 23, 1991
Attached is a resolution approving the application for a Minnesota
Lawf�l Gambling Premise Permit for the Fridley V.F.W. Post 363,
1040 Osborne Road Northeast. The Public Safety Director, James P.
Hill, has approved the gambling permit. The Minnesota State
Statutes requires the adoption of a resolution approving or denying
any type of gambling of permit.
7
RESOLIITION NO. - 1991
RESOLIITION IN BIIPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PREMISE PERMIT TO THE FRIDLEY V.F.W. P03T
363
WHEREAS, the City of Fridley has been served with a copy of an
Application for a Minnesota Lawful Gambling Premise Permit for the
Fridley V.F.W. Post 363; and
WHEREAS, the location of the Premise Permit is the Fridley V.F. W.
Post 363, 1040 Osborne Road Northeast; and
WHEREAS, the City of Fridley has not found any reason to restrict
the location for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley approves the Minnesota Lawful Gambling Premise Permit
to the Fridley V.F. W. Post.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
ATTEST:
WILLIAM J. NEE - MAYOR
SHIRLEY A. HAAPALA - CITY CLERK
[L�1
LG214
n�+�
• Minaesota Laawful Gambling
Premises Permit Application - Part 1 of 2
FOR BOARD USE ONLY
BASE #
PP #
FEE
CHECK
INITiAI.S •
DATE
_ - _�
- . • Ciass ot premises pertnit
XQ Renewal '00552 . (check onej
Organization base license number � A($400) Pu{I-fabs, tipboards, padc�ewfieels. raffles. bingo
Premises permit number A 00552 001 �� B($250j Pub-tabs, 6pboards, paddewheeis. raffles
� . New . ❑ C ($Z00) Bin9c oniy .
❑ D ($150) Raffles only �
Name of Organization
Fridley V.F.W. Post 363 �" _
Business Address of Organization - Street or P. O 8ox (Do not use the address of your gambGng manager)
1040 Osborne Rd.
City , 3taoa Zip Code Courtty Dayume phone number
Fridle : Mn. 55432 .Anoka '... ( ) _
Name of chief executive offic�r (cannot be Y� 9���9 ��� : Title Day6me phone number
, _
Bruce Hazwnod Cannander ( 612) 571 5748
Bingo Occasions _
If a for a class A or C eraiit flll in da and & en hours of b o occasions:
P P • 3's be$i��ni��g ding ing
P h�g �
No more than seven bingo occasions may be conducted by your organization per week.
Day Be�nning/Ending Hours Day BeginninglEnding Houra Day Begi�u�ing /Ending Hours
Sun 7:00 PM � 11:00 PM to to
Wed ; 7: 00 PM � 11: 00 PM � �
� - ,�� ; .: : -;
� r �-tJD � �i x If biago �vill not lie condncted,�`chec]i�here � � � .
;. `.: . . � . - ,_
,, �
_ . , �.., .. : � . ... _
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w:w ' «.:
. . .., . � .
_ ame'o esta , i nt w. re gam ing vin be , .: ;•; �. t ss not use a'post o, �ce x num )<;
Fridley V.F:W. Post 363 1040 Osborne R.d
is the premises located within aty fimits? � Yes O No if no. is township � organized 0 unorganized O����
I City snd County where gambfing premises is located OR Township and CouMy where gambGng premises is bcated if outside of city 6mits
Fridley . Anoka �
Name and address of legal owner of premises .h Gy � � J, State Z�p Code
. i ,�C' i�1 �; (iT': 7'� �+�f.i r � x. ;. k ��u� t , .;;� i ; `y� `n � w��y•}�"y� � ; � CC +�/ t y
'.�,' 1J.l��Y�.:�/ •r rr i0J{..������������1�[l�l � 4Y-� Y r..r���r��L����UJ.��y� �fi...c 't4{+�T.� A- ��'.�f�� St#`l'1li�/r.%'� �-` 7. -�r 1
a T d F� r
�``" 'a+ Does youf orgaruzaho� own the bw7dng where tl�e gambUng wdl be oonducted? �% YES �x C j'�NO �� + �" �``_'�'� , '
HN'-�' : ro Y- ��r r a�..� R, .c 9e.v-:� r,.�.,r� }'a,t.�t�„r z � a.. < r,+..sM t ..,r� s� r �� �
%} �' x�-r�,� .� t� �f fl0 8iffiC�1 iil@ fO��OWU19 �w'- jsw.i.y�'�t`,4+4,'-%�"y : .$� r' �' �r�.a �'1'^#�.:���3 , y�,'�'i'� i oa s�' c t��'v <i a.-
;,_ r � + . y£*} r-r:..� 'M �lx4h, � rY �'�:??� s. 1..*�c^n�' t.s'�+o`4� �_��_i � tl..i� A�-:�k v SS �. S�.
��.�,����, ,zs , � � �,, _ a oopji of the,iease (form LG202) vhth �ms for'at least one year� x ; , ;� � ,
�
�.� '� v '� L��,+-� •{ a copy of a slie�h of ttie fl� plan witli dfinensions; show�g what portan is being leased.,� �� �' ,
, � _
, ,* � ,_::� ��:'A I�se: and sketch are not t'"`�equired for Class D a'ppGc�oons= ��`_ , ° t
_,t �F �r� ...--. ,. -�:;.., ..��• .� .'<� . ..,.;: __. ;.t ;.,_r, '�' �. 'X
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^
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'k ... ,
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1040 Osborne Rd. ;� p �
. � t ' � � t y �,�' �. - � ' �.i M1 i � i � i u Fr� '�� . .
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Lynn TaBelle
i+, hjY; � at ( r- �
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}t '
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A�=ww+t�':�3�AMI�.iA :AT �i +..s,.. ... .�. ._.. . .:�-a . . ,. ..
e! u� Way r�`�., 1 ..-Fridley; NIlJ . ' Gambliric
L Monroe `:ST Spring Lake � Park� NIl�T: Adjutaiit
�"iM�'����Sa7.�'S 11i� q3 \ ��Y
-( _�._ i .
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::� '.:x ':��• t.I_ r.�. - , 3 � v 4�.:h.
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:,-`+ � �G . .,y �z<.,���g�; �����° �� , � °��� _ r .`{; •�;am''the i�i�ef �ex�6CUb1/A OffICBf 0� �1@�OCQ$f1�lOf1� ��� �y��s.--��`�:�
� �
_ '� �, . l here oonserrt�at 1oca�:law�e�brc�emeM o�oe�8 �10,� ' -i `. _:� � �r- � � s:-'�: •�" � 'k � :.s �+t: n .,a ` ' a�$r� � ��4 �
>: r "7 ;.,,., .,�;: a ;�.—�a w1n: H,. �..ae,,.,-.. .r- ra� ' ,r ��� � �O fA=- �'� d-
�; board o� ageMs o? the board;�rXhe oom 'i�er of� �� assu e iu�l nsi�l fa�� ��.and �awi Pe� �
1 m;
,i 'r_ �:� " f6V8flU@�Of ..tlb��C�S'd�A ���,Of,�,.' w AfltS Of t�A ��' t1A��'S :j� t10t�����SG�NIG@S�fO�b@�`CC_� � -,;if3', F'a�,t`;�*?��.�e�°` •,s�'''� r St�"� � .
� � . .�, a :..-�-:�-�P;n.����: ���:���-�-��w��;�- ;� ����°-� - ��un�( farti7i� myse��if,w�ith�tie �aws of;�Minn� �` ,�-��
�' . � may ente[ the prem�ses�to e�orce fhe law���� �''� � ,��� .� . � • �� � .x �j .� � �� ,K , � � ��,�,R= t �� � .: ,� ;
` Bank Records Infoimation ''`; � 1 �# � .•� -� . 9�!eming lawful gambling and rules of the board °and 3 y. ��
.� - �'- =agree, � licensed, to abide by.those laws and niles.
The board is authorized to insped the bank records of the •' _, including amendments to them; _
gambling axou� whenever necessary to fulfill
requirements of cuneM gambling rules and law. ~ •�y �anges in application information wiil be submitted
• to 4he board and local unit of govemment within 10 days .
Osth of the change; and
I dedare that: � , -` •I understand that failure to provide required information
•I have read this appiication and, all informafwn submitted .. �- or providing faise or misleading information may resuft In -
!o the board is true, accurate and complete, .., ; the dernal or revocatw� of fhe I�cense -
•all other required information fias been.fully disdosed; ; �-` �" ° t -
, , .. ., .
: , _. . .. ., � .. .,. . . . _ :> , . �,�h: �
Signature of chief exec�tive off'icer ` �'- ' � �� , .�- �, &
' 'e 3 * ; , "� N F � D�Q 7� .
. . . ) i �:... ' .. � . . . � <. r ' , � .t l y .
: �r.
. . � �
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:
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. � YiFi:}.fli:�fi`5x�i:•i}.: �}Jl:SP'.t+Y�Nn� q ` .
. . .� .:.:. ' ;. . . : . -. . .: . . . . . .. , .... .,, i . � . . �
' 4. °A co�v of the local unR�of qovernmer►Ys resotution a�= �
1. The cdy •mus4 sign this appl'ication if the gambGng prem- provinq this�c►Qiication must be attached to this a�lication.
ises is located within city limits. . �'' � 5. If this appl'�cation is denied by the local unit of govemmen�
2. The county ••AND township" must sign this application if � shoutd not be submitted to the Gambling Conuol Board, .
the gambling premises is located within atownship. � ..Y ;- �
3. The local unit government (city or couMy) must pass a'-' : Township 8y s�gnature bebw, the township adcnowiedges
�esolution specificaily approving or denying this application. '�� the organiiation is,apply'�ng for a premises permit within
. ..
. , ; ` township limits. ; . . . _ .
Cit * or Count ** Townshi •`
�nY a �tY Name " '' Toviinsh�pTName
� 1
_ ._ .
. ,
� . . . .
.,
.. .
, :•
,
. � - . ,: , . { . " .., s
Signatu n reoe' . g ap t' twn � Signatwe of person reoeiving;application . _
. ��
Trtle Date Received . Title � Date Received
�
'� 1�-a�-
Refer the instrvctions for required auac:hmeMs.
Mail to: Gambling Control Board
Rosswood Plaza South, 3rd Floor
'1711 W. Counry Road B
Rosevllle, MN 55113
�
7C.
LG214(Part 2j
(aev729�9t)
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, OCTOBER 16, 1991
����������������������������������������������������������«������
CALL TO ORDER•
Chairperson Betzold called the October 16, 1991, Planning
Commission meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Don Betzold, Dave Kondrick, Dean Saba,
Sue Sherek, Larry Kuechle (for Diane Savage),
Connie Modig, Brad 5ielaff
Members Absent: None
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
David Newman, 1814 Northdale Boulevard N.W.
Bob & Mike Schroer, Bob's Produce Ranch
APPROVAL OF OCTOBER 2 1991 PLANNING COMMISSION MINUTES_
MOTION by Mr. Kondrick, seconded by Ms. Modig, to approve the
October 2, 1991, Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED UNANIMOIISLY.
CONSIDERATION OF VACATION SAV #91-04 BY BOB'S PRODUCE RANCH:
To vacate that part of 77th Avenue lying easterly of the northerly
extension of the westerly line of Lot 1, Block 1, East Ranch
Estates Third Addition, all as platted and of record in the office
of the County Recorder, Anoka County, Minnesota, generally located
at 7620 University Avenue N.E.
PUBLIC HEARING• CONSIDERATION OF A REZONING, ZOA #91-03, BY BOB'S
PRODUCE RANCH•
To rezone from M-2, Heavy Industrial, to C-3, General Shopping
Center, on Lot 1, Block 1, East Ranch Estates Third Addition,
generally located at 7620 University Avenue N.E.
PUBLIC HEARING: SPECIAL USE PERMIT SP �91-11� BY BOB'S PRODUCE
RANCH•
Per Section 205.15.01.C.(11) of the Fridley City code, to allow
garden centers or nurseries which require outside display or
storage of inerchandise on Lot 1, Block 1, East Ranch Estates First
:
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 2
Addition, and Lot 1, BLock 1, East Ranch Estates Third Addition,
and Lot 4, Block 2, East Ranch Estates Second Addition, except the
East 200 feet thereof, also except the West 115 feet of the East
315 feet of the North 160 feet of said lot subject to an easement,
all in Anoka County, Minnesota, generally located at 7620
`
University Avenue N.E.
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the
reading of the public hearing notices and to open the public
hearings.
UPON A VOICE VOTE, ALL VOTING AYE, GHAIRPERSON SETZOLD DECLARED
THE MOTION CARRIED AND TIiE PIIBLIC HEARING OPEN AT 7:31 P.M.
Vacation Reuuest
Ms. McPherson stated the first request is to vacate a portion of
77th Avenue which was dedicated over Lot 1, Block 1, East Ranch
Estates Third Addition, generally located on the northwesterly
portion of the site. The petitioner is requesting the City vacate
that portion of the dedicated right-of-way in order to combine it
with the proposed redevelopment property. This area is currently
unimproved and vegetated with a variety of native plant materials.
Ms. McPherson stated the petitioner is proposing to obtain an
access easement from the property owner loc,ated to the north of
the subject area in order to improve the access to that particular
property as well as to create an access to the proposed
redevelopment area. This access easement and the design of the
driveway should be finalized prior to the issuance of the building
permit.
Ms. McPherson stated the proposed vacation does not have an impact
on traffic patterns in the area. Currentl�, the City has only half
of the required right-of-way dedicated and, in order to construct
77th Avenue from Main Street to the West University Avenue Service
Road, the City would bisect the development site through the
middle.
Ms. McPherson stated staff recommends that the Planning Commission
recommend approval of the proposed vacation request as it does not
adversely impact the traffic patterns in the area, with the
following stipulations:
1. Variance request, VAR #91-32; rezoning request, ZOA #91-
03; and special use permit request, SP #91-11, be
approved.
2. The access easement and driveway design between the
redevelopment area and the property owner to the north
: �
PLANNING COMMISSION MEETING, OCTOBER 16. 1991 PAGE 3
be reviewed and approved by staff and executed prior to
issuance of a building permit.
Rezoning Request
Ms. McPherson stated the second request is to rezone Lot 1, Block
1, East Ranch Estates Third Addition, from M-2, Heavy Industrial,
to C-3, General Shopping Center District. This is the most
westerly portion of the subject parcel. Located on the property
is the west leg of the existing Bob's Produce building.
Ms. McPherson stated there are three tests that must be met by all
rezoning requests:
l. The proposed use is compatible with the district intent;
2. The property can meet the Zoning Code regulations;
3. The proposed zoning is compatible with adjacent uses and
zoning.
Ms. McPherson stated that if this parcel is rezoned to C-3, the
proposed use is to allow a garden center with outdoor storage.
Garden centers which allow outdoor storage are a special use in
the C-3 district regulations and this would be compatible with the
intent of the Zoning Code.
Ms. McPherson stated the parcel can meet the district requlations
as outlined in the C-3 zoning district; however, the parcel
currently functions in conjunction with the parcels to the east
and north. The petitioner is propasing to continue this use. The
parcel should be officially combined with adjacent parcels.
Ms. McPherson stated the rezoning would create a better
compatibility of the subject parcel with the adjacent parcels and
with adjacent uses and zones. The parcel has been functioning in
a retail capacity since the construction of the original Bob's
Produce Ranch facility. Retail sales are a permitted accessory
use in the industrial district if the retail sales are in
conjunction with a manufacturing or wholesale operation. That
currently does not exist on this parcel, and the property is
currently nonconforming with the M-2 district regulations. Retail
sales would be compatible with the parcels to the east and
compatible with the bank use on the west.
Ms. McPherson stated staff recommends that the Planning Commission
recommend approval of the request with one stipulation:
1. Vacation request, SAV #91-04; variance request, VAR #91-
32; and special use permit request, SP #91-11, be
approved.
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PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 4
Special Use Permit Request
Ms. McPherson stated the special use permit request is to allow
garden centers and/or nurseries which require outdoor storaqe.
Ms. McPherson stated the fourth land use request by the petitioner
is a variance request heard by the Appeals Commission on Octaber
l, 1991. The Appeals Commission did recommend approval of all the
variances, except to reduce the width of a parking stall from 10
feet to 9 feet along the perimeter of the site along the east
property line which abuts the west University Avenue Service Road.
Ms. McPherson stated the subject parcel has had a previous history
of special use permits. The most recent special use permit, SP
#74-15, was issued to Frank's Nursery & Crafts. The purpose of
this special use permit was to review the original stipulations
placed on the 1971 special use permit request. Frank's Nursery
relocated to Blaine, and the space was occupied by Malmborg's
Garden Center. In June 1991, Malmborg's closed this facility and
consolidated their operation at their Brooklyn Park facility.
Ms. McPherson stated the proposed special use permit request will
continue the garden center use; however, Lyndale Garden Center is
proposing to expand the existing outdoor storage area from
approximately 34,000 sq. ft. to 40,000 sq. ft. The outdoor storage
area is proposed to be enclosed by a 6 foot high picket fence which
will run along the east, south, and west lines of the outdoor
storage area. Staff has recommended that a 20 foot setback along
the south property line be maintained which would match the setback
for the parking area. This would ensure adequate separation
between traffic and pedestrians, as well as provide additional area
for landscaping and snow storage. The proposed outdoor storage
facility would not conflict with traffic patterns as the traffic
and parking areas will be separate from the outdoor storage area.
Ms. McPherson stated staff recommends that bulk materials such as
mulches, fertilizers, peat moss, top soil, etc., be stored along
the west portion of the property near the proposed building so as
not to be visible from Osborne Road.
Ms. McPherson stated there are other issues besides outdoor storage
that must be addressed:
Drainage
Ms. McPherson stated the petitioner will be required to submit a
drainage plan for staff approval prior to issuance of a building
permit. Currently there is no existing storm water system that
serves this particular site. The storm water will need to be
drained off the site in a manner not to impact any adjacent
properties.
:
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 5
Parking
Ms. McPherson stated the petitioner is proposing 190 stalls. Based
on the ratio of one space for every 150 sq. ft. of gross retail
building area, the Code requires 220 spaces. This would be the
most restrictive requirement. There is adequate area on the parcel
in the outdoor storage area to provide the additional 30 spaces,
should they ever be required.
Siqnaqe
Ms. McPherson stated redevelopment of the parcel will eliminate
the current use of nonconforming temporary signs. Signage will be
allowed on both buildings as well as on a pylon sign. The
petitioner may propose a silo located between the two proposed
buildings. 5taff is .currently researching if or how the proposed
silo is to be regulated by the Siqn Ordinance.
Ms. McPherson stated stafi recommends that the Planning Commission
recommend approval of the special use permit request with seven
stipulations:
1. Variance request, VAR #91-32; rezoning request, ZOA #91-
03; and vacation request, SAV #91-04, shall be approved.
2. The petitioner shall submit, and staff approve, a
drainage plan prior to issuance of a building permit.
3. The petitioner shall submit a completed access easement
with the adjacent property owner to the north prior to
issuance of a building permit.
4. Bulk items such as mulches, fertilizer, peat moss, top
soil, etc., shall be stored along the west partion of
the building. Only plant materials shall be visible from
the public right-of-way.
5. The proposed picket fence shall be installed along the
east and south lines of the storage area at the 20 foot
parking setback and shall not exceed six feet in height.
6. A landscaping plan in conformance with the ordinance
shall be submitted for staff approval prior to issuance
of a building permit.
7. All parcels shall be combined into one tax parcel.
Mr. Sielaff stated he is concerned about overflow parking when
there is a big sale at either Malmborg's or Bob's Produce Ranch.
Ms. Dacy stated she believes the petitioner has contacted the
adjacent owners for overflow parking.
:i
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 6
Mr. Bob Schroer stated he has made verbal arrangements with the
adjacent property ow�er, Kennedy Transmission, for overflow
parking. His busy times are weekends when Kennedv Transmission is
not open. They nave used the �
years. He has also used th
employee parking. They may nc
has also contacted the propert
of the proposed Lyndale Garder
of-way they are requesting to �
very congenial and supportiv
property owner has indicated l
staff to put together a workab
parking times, they will have
parking. Most of the employee
the customers can use the ba
park. �
ennedy Transmission lot the last few
: empty Cub Foods parking lot for
t be able to do that this year. He
� owner of the property to the north
Center which also abuts the right-
acate. That property owner has been
� of the proposed changes. That
ie would be happy to meet with City
�e parking arrangement. During peak
some directional signs for overflow
a will use the overflow parking, and
:k portion where employees usually
Mr. Bob Schroer stated they do have a serious problem on the lot.
A metropolitan main sewer line runs through the lot. So, instead
of trying to change the sewer line, they decided to move his
building to the rear and use the sewer line area as a walkway
between the two buildings. With the silo, he wants to make a
little park area for festival-type activities. They hope to use
the silo for identification and signage.
Mr. Newman stated the two businesses, Bob's Produce Ranch and
Malmborg's, are very compatible. The garden center's primary
season is March, April, May, and Bob's Produce Ranch's primary
season is July., August, December. So, the proposed parking should
work as far as primary parking. He believed there will be very few
times when there is intensive use by both tenants at the same time.
At this time, they feel the 190 spaces proposed on the site are
more than sufficient; and Mr. Schroer has arranged some
alternatives for overflow parking if it is needed.
Mr. Betzold asked if the petitioner had any objections to the
stipulations.
Mr. Newman stated they do have a problem with SP #91-11 stipulation
#7: "All parcels shall be combined into one tax parcel." He
stated that with the current real estate market, it is almost
impossible to get financing for any type of commercial development.
It was staff's suggestion that they look at SBA-444 program, and
it will work for them. However, the problem is that the building
has to be owner-occupied. He suspected that they will have a
separate mortgage on Bob's Produce building and a separate mortgage
on the garden center building; consequently, that will cause a
problem if they are required to combine all the parcels into one
tax parcel. At some future time, they do anticipate platting the
three lots into two lots.
:
PLANNING COMMISSION MEETING. OCTOBER 16. 1991 PAGE 7
Mr. Newman suggested the following amendment to stipulation #7:
"All parcels shall be combined into one tax parcel, subject to the
petitioner submitting a replatting of the parcel."
Ms. Sherek asked if the petitioner has given any consideration to
hiring police officers to help direct traffic during heavy traffic
times for special events.
Mr. Bob Schroer stated they will be very cautious of that and will
certainly work with the City to remedy any potential traffic
problems.
MOTION by Mr. Kondrick, seconded by Ms. Modig, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:20 P.M.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to
City Council approval of vacation, SAV #91-04, by Bob's Produce
Ranch, to vacate that part. of 77th Avenue lying easterly of the
northerly extension of the westerly line of Lot 1, Block 1, East
Ranch Estates Third Addition, all as platted and of record in the
office of the County Recorder, Anoka County, Minnesota, generally
located at 7620 University Avenue N.E., with the following
stipulations:
1. Variance request, VAR #91-32; rezoning request, ZOA #91-
03; and special use permit request, SP #91-11, be
approved.
2. The access easement and driveway design between the
redevelopment area and the property owner to the north
be reviewed and approved by staff and executed prior to
issuance of a building permit.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:20 P.M.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City
Council approval of rezoninq, ZOA #91-03, by Bob's Produce Ranch,
to rezone from M-2, Heavy Industrial, to C-3, General Shopping
Center, on Lot l, Block 1, East Ranch Estates Third Addition,
generally located at 7620 University Avenue N.E., with the
following stipulation:
1. Vacation request, SAV #91-04; variance request, VAR #91-
32; and special use permit request, SP #91-11, be
approved.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:20 P.M.
:
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 8
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to
City Council approval of special use permit, SP #91-11, by Bob's
Produce Ranch, per Section 205.15.O1.C.(11) of the Fridley City
code, to allow garden centers or nurseries which require outside
display or storage of inerchandise on Lot 1, Block 1, East Ranch
Estates First Addition, and Lot 1, BLock l, East Ranch Estates
Third Addition, and Lot 4, Block 2, East Ranch Estates Second
Addition, except the East 200 feet thereof, also except the West
115 feet of the East 315 feet of the North 160 feet of said lot
subject to an easement, ail in Anoka County, Minnesota, generally
located at 7620 University Avenue N.E., with the following
stipulations:
1. Variance request, VAR #91-32; rezoning request, ZOA #91-
03; and vacation request, SAV #91-04, shall be approved.
2. The petitioner shall submit, and staff �approve, a
drainage plan prior to issuance of a building permit.
3. The petitioner shall submit a completed access easement
with the adjacent property owner to the north prior to
issuance of a building permit.
4. Bulk items such as mulches, fertilizer, peat moss, top
soil, etc., shall be stored along the west portion of
the building. Only plant materials shall be visible from
the public right-of-way.
5. The proposed picket fence shall be installed along the
east and south lines of the storage area at the 20 foot
parking setback and shall not exceed six feet in height.
6. A landscaping plan in conformance with the ordinance
shall be submitted for staff approval prior to issuance
of a building permit.
7. All parcels shall be combined into one tax parcel,
subject to the petitioner submitting a repiatting of the
parcel.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N BETZOLD DECLARED
THE MOTION CARRIED LTNANIMOUSLY.
Ms. Dacy stated that on November 4, the Council will establish a
public hearing on the vacation and rezoning for November 18, 1991.
LRT PRELIMINARY DESIGN PLANS
Ms. Dacy stated that last summer the Planning Commission, as well
as the Environmental Quality & Energy Commission, reviewed the
: �
PLANNING COMMISSION MEETING, OCTOBER 16. 1991 PAGE 9
draft Environmental Impact Statement (EIS) and made comments to
the Anoka County Regional Rail Authority. The final EIS will not
be distributed until December 1991 and the comment period is
December 10-22, 1991. In the meantime, the County has authorized
distribution of the Preliminary Design Plans. According to State
5tatute, that triggers a 45-day review period that cities have to
conduct public hearings and tell the County by November 11, 1991,
whether the City approves or disapproves the Preliminary Design
Plans. If the City disapproves the Preliminary Design Plans, they
have to tell the County under what conditions would the system be
acceptable.
Ms. Dacy stated that in her memo dated October 11, 1991, she
covered a number of issues and gave the Commission a status updat�
on some of those issues. One of staff's major comments was to ask
the Rail Authority to compare the LRT system with an all bus
system. The Metropolitan Council and the Regional Transit Board
have undertaken such a study called the Transit Facilities Plan,
and that is due to be published in February 1992.
Ms. Dacy stated staff is still working with the Rail Authority on
the fire and police access issues across the LRT tracks. The
amount of tax base loss was identified ta be responded to in the
final EIS.
Ms. Dacy stated there are a number of concerns about the park and
ride sites at 53rd and 57th Avenues. During the EIS review, staff
recommended some site plan comments, and the Rai1 Authority did
comply and made some driveway adjustments. Staff also submitted
to the Rail Authority the results of the community survey.
Ms. Dacy stated this summer staff has looked at each of the
proposed stations and some of•the land use issues. To summarize,
the station locations will start in downtown Minneapolis, proceed
to University Avenue, 37th Avenue, 40th Avenue, 44th Avenue, 49th
Avenue, park and ride sites at 53rd Avenue, 57th Avenue,
Mississippi Street, Osborne Road, and Northtown. Staff looked at
what is existing now, what could happen, looked at some goals, and
made some pretty specific comments about each of the station areas.
In the 1980 Comprehensive Plan, one of the objectives•was: "They
should ensure an effective choice of transportation modes to the
City's residents." One of the policies was: The City should
support efforts to increase transit ridership and opportunities.
The City should continue to promote park and ride sites within the
City and support those sites with bike and pedestrian movement.
The City should promote education efforts relating to transit
opportunities. The City should work with MTC and Planning in
developing alternative methods of transit service.
Ms. Dacy stated one of the issues discussed at the Environmental
Quality & Energy Commissian the evening before, setting aside the
issue of whether or not University Avenue is going to be an LRT
:
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 10
railway, was that
of-way is reserved
the park and ride
types of issues.
it could be a bus-way where a dedicated right-
for buses. In that case, they would still need
sites and there would still be some of the same
Ms. Dacy stated the other goal that directly relates to the LRT
system is: "The City should analyze regional transportation
improvements to determine if the system will (1) improve localized
movements within the community; (2) adversely affect the natural
and social environmen�; or (3) adversely affect the overall
economic well-being of the City." There is a specific policy to
support the Bikeway/Walkway Systems Plan in 1975 and amendments to
that.
Ms . Dacy stated that on page 4 and 5 of her memo, she tried to
summarize some of the issues to help the Commission make a decision
as to whether they want to recommend approval or disapproval of the
Preliminary Design Plans. The EQE had a lot of discussion about
this the previous evening. There are a lot of outstanding issues
as far as staff is concerned:
1. The Regional Transit Facilities Plan still needs to be
completed.
2. The final EIS needs to be completed in December.
3. Staff is continuing to work with the Rail Authority staff
on the fire and police access issues across the tracks.
4. The commissions should review the goals and comments for
each of the station areas and identify any specific
comments which should be listed as an item to be
addressed in additional stages of the LRT planning
process.
Ms. Dacy stated that all commission members are invited to the
public hearing on Thursday, October 24, 1991, at 7:00 p.m.
Mr. Saba stated one of the EQE's main concerns was the lack of
information in response to their concerns regarding air quality at
park and ride stations, the bikeway/walkway system, landscaping,
number of� poles and spacing between the poles, screening and
landscaping requirements, noise, vibration, etc. The EQE did not
feel they had enough information to make any recommendation, either
to approve or disapprove. An effort should be made to address
these concerns.
Mr. Sielaff stated the EQE had a long discussion about whether to
approve the Preliminary Design Plans conditionally on whether their
concerns, as far as the environmental aspects, are taken into
consideration; or to not approve it at all. The EQE decided not
:
PLANNING COMMISSION MEETING. OCTOBER 16, 1991 _ PAGE 11
to make any recommendation because of the lack of information
available. He stated the design criteria is a big issue.
Mr. Saba stated there should be enough information available from
other operating systems to have some of these concerns addr�ssed.
Ms. Sherek stated that over the last couple of years, the
Commission has brought up a lot of concerns, starting with the
concern that the maps being used to base the plans on were out of
date. No one has ever told them about where the Rail Authority
got the demographics or how they determined the ridership models.
She has not heard or read anything that has answered these
questions. Why should the people wha live in the neighborhood of
the proposed station location at 53rd/University have their
neighborhood disrupted when they do not need or want an LRT system?
Some other concerns expressed by the Commission were the cross-town
buses and other connecting transportation routes.
Ms. Dacy stated she would like to invite Steve Wilson o� the
Metropolitan Council to a Planning Commission meeting, because the
ridership forecast comes from the Met Council offices. He has the
expertise to answer some oi these questions.
Ms. Sherek stated she would like someone to come to a meeting and
tell the Commission how they built this model and how they built
the model based on the people who live here now, not in 2010. If
the people who live here now and in the next ten years are not
going to use the system, then the system could fall into such
disuse or disrepair by the year 2010 that it is not going to be
viable anyway.
Ms. Dacy stated that at the June Planning Commission meeting, she
had distributed copies of a letter from Steve Wilson that lists
six points of how they predicted the transit ridership. She will
redistribute that letter and can also invite him to an upcoming
meeting.
Ms. Dacy stated that now is the time to make a statement about the
proposed park and ride sites. If it is not LRT and if the Transit
Facilities Plan indicates this should be a bus-way, they will have
a dedicated right-of-way and they will be proposing park and ride
sites. So, based on some type of demand between now and the year
2010, the City is going to have to provide some type of park and
ride facility.
Ms. Sherek stated she did not think the Commission had enough
information to make any recommendations on the station area
locations. A lot depends on whether they are looking at an LRT
model or a mobile model that is not on fixed rails. If they are
looking at an LRT model, then the station areas should be on one
side of the road; but if they are looking at a model not operating
on a fixed rail, then they do not have the same restraints. She
:
PLANNING COMMI3SION MEETING. OCTOBER 16, 1991 PAGE 12
would like to see the empty parking space on the south side of the
Holiday Plus store used for parking.
Mr. Saba stated another issue raised by the Commission was the
request for a pedestrian overpass at Mississippi Street and
University Avenue. That was not satisfactorily answered.
Mr. Betzold stated he believed they should operate under the
assumption that LRT is going to happen; and if it is going to
happen, then they have to talk about how it is going to impact
Fridley.
Mr. Kondrick stated he has no problem with the station areas
identified at 53rd Avenue, 57th Avenue, Mississippi Street, and
Osborne Road, but he does have concerns regarding air pollution,
noise pollution, overpasses, etc. It is naive to believe that the
LRT will only service the people of Fridley. There will be many
cars coming from outside the City, and these concerns, particularly
air pollution, need to be addressed.
Mr. Saba stated he agreed with Mr. Kondrick regarding the station
areas. The Commission has discussed these locations before and
has agreed that these are the locations they would like to see.
His main concern is the lack of response from the Rail Authority
regarding the Commission's concerns and being asked to approve the
Preliminary Design Plans without the Rail Authority giving some
strong consideration to their concerns.
Ms. Modig stated they could approve the Preliminary Design Plans
with the stipulation that the Rail Authority does address these
concerns.
Mr. Saba stated he also concerned about the fact that they are
being asked to approve the Preliminary Design Plans before the
Final EIS is published and the lack of adequate review time between
December 10-22 after the Final EIS is published. That is a very
busy time of year, and that time should be extended.
Mr. Betzold stated he agreed with the issues regarding the fire
and police access across University Avenue. Assuming they can
resolve that access, he would agree with the station at Mississippi
Street. From what he has heard from the neighbors, he would still
go along with a station at 57th Avenue and try to utilize the space
across the street at Holiday Plus if they can.
Ms. Dacy stated she made note of the 57th Avenue station in her
memo because there was a suggestion at the neighborhood meeting to
have the station north of 57th Avenue, and the response was that
area has been identified as a redevelopment area and to relocate
it south of 57th Avenue is more compact and uses less land area.
If the Commission feels strongly that the station should be north
:
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 13
of 57th Avenue, then the Commission should say so now. Staff is
recommending the sites are acceptable the way they are now.
Mr. Saba stated he is really concerned about a station north of
57th Avenue and how that will impact future redevelopment in that
area.
MOTION by Mr. Sielaff, seconded by Ms. Sherek, that the Planning
Commission does not have enough information on LRT as a whole to
make any recommendation on the Preliminary Design Plans, and the
Planning Commission recommends that the Preliminary Design Plans
be delayed until the Final EIS has been released. The Planning
Commission also recommends that the comment period for the Final
EIS which is scheduled between December 10-22, 1991, be either
extended or delayed until January 1992.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOQSLY.
MOTION by Mr. Kondrick, seconded by Ms. Modig, to reiterate the
following concerns:
l. Fire and police access onto University Avenue. If the
access is maintained, construction of the tracks should
not adversely aft'ect the turn-around of the fire vehicles
and timing of Opticom systems as vehicles are trying to
leave the station area.
2. The EIS include an analysis of the properties to be
acquired for park and ride sites along the entire
corridor and identify the amount of tax base loss to each
community.
UPON A VOICE VOTE, ALL VOTING AYE, CiiAIRPERSON BETZOLD DECLARED
THE MOTSON CARRIED UNANIMOIISLY.
RECEIVE SEPTEMBER 9 1991 PARKS & RECREATION COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the
September 9, 1991, Parks & Recreation Commission minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Kondrick stated that at the meeting, the Parks & Recreation
Commission made a motion to direct staff to draft an ordinance
restricting dogs from the Community Park because of some problems.
The problem is how the ordinance would address the situation of
a seeing eye dog at the park.
Ms. Sherek recommended staff check with the Minnesota Federation
for the Blind, because she believed handicap-assisting pets are
�.•
PLANNING COMMISSION ME�TING, OCTOBER 16, 1991 PAGE 14
exempt from local ordinances which bar dogs. That may be a state
statute.
Mr. Saba stated he had read the discussion in the Parks &
Recreation Commission minutes about an "Adopt-a-Park Program". He
stated it was his impression that the Commission was referring to
the larger parks. His concern is for the smaller parks such as the
Moore Lake Dunes area, Innsbruck Nature Center, and some of the
trails at Springbrook Nature Center. With an "adopt-a- park" or
"adopt-a-trail" program, the only responsibility would be to clean
up litter in the park or trail. He stated the City should be
encouraging citizens or groups to participate in such a program and
then recognize them in some way. The recognition does not have to
be a sign; it could just be recognition in the City newsletter.
Ms. Sherek stated her children's 4-H group and a Boy Scout troop
in Fridley have both expressed the desire to be involved in the
clean-up of a highway. The leaders have decided not to do that
because of the danger involved for the children on a busy street
or highway. However, if the children could adopt a park or a trail
alang the river, they would be very interested.
Ms. Sherek stated one concern expressed by staff in the discussion
at the Parks & Recreation Commission was the fact that the City
staff would have to pick up the refuse after it was collected in
bags. She stated maybe all that is needed is to have a drop-off
site, either at the City garage or another designated site, where
the refuse could kie dropped off.
Mr. Saba stated another suggestion would be to have a specific
drop-off site on a specific date several times a year where the
refuse can be brought by these groups. He stated he really feels
the Adopt-a-Park Program is very important, and it gets citizens
and groups involved in helping maintain and keep our parks and
trails clean. He would like the Parks & Recreation Commission to
readdress this issue at their next meeting.
RECEIVE SEPTEMBER 12, 1991, HOUSING & REDEVELOPMENT AUTHORITY
MINUTES• '
MOTION by Ms. Sherek, seconded by Mr. Saba, to receive the
September 12, 1991, Housing & Redevelopment Authority meeting,
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED UNANIMOUSLY.
RECEIVE SEPTEMBER 1`7, 1991, ENVIRONMENTAL UALITY & ENERGY
COMMISSION MINUTES:
:
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 15
MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the
September 17, 1991, Environmental Quality & Energy Commission
minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLY.
RECEIVE OCTOBER 1. 1991, APPEALS COMMISSION MINUTES:
MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the
October 1, 1991, Appeals Commission minutes.
UPON A VOICS VOTS, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTI�N CARRIED IINANIMOOSLY.
ADJOURNMENT•
MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Betzold
declared the motion carried and the October 16, 1991, Planning
Commission meeting adjourned at 9:30 p.m.
Res ectfully su mitted,
Ly Saba
Re rding Secretary
:
� _
�
I
DATE:
TO:
FROM:
SUBJECT:
Community Development Department
Pia�NG D�SION
City of Fridley
October 31, 1991
William Burris, City.Manaqer
Barbara Dacy, Community Development Director
Resoiution Approving Preliminary Design Plans
for Light Rail Transit in the Northeast
Corridor
The City of Fridley has received and reviewed the Preliminary
Design Plans and Technical Memorandum from the Anoka County
Regional Rail Authority. A public hearing regarding the
Preliminary Design Plans in conformance with State Statute was
conducted on October 24, 1991.
Both the Planning Commission and the Environmental Quality and
Energy Commission have reviewed the Preliminary Design Plans, and
their minutes are attached.
Staff recommends that the City Council approve the attached
resolution as presented and direct staff to forward it to the Anoka
County Regional Rai1 Authority. The Rail Authority must receive
action from the City of Fridley by November 11, 1991. According
to State Statute, no action on the part of the City of Fridley
would be interpreted as approval.
BD/dn
M-91-792
: �
RESOLUTION NO. - 1991
RESOLUTION REGARDING REVIEW OF THE NORTHEAST
CORRIDOR LIGHT RAIL TRANSIT SYSTEM PRELIMINARY
DESIGN PLANS
WHEREAS, the Anoka County Regional Rail Authority has prepared
Preliminary Design Plans as defined in Minnesota State statutes
473.3993; and
WHEREAS, the Anoka County Regional Rail Authority conducted a
public hearing on September 26, 1991; and
WHEREAS, Minnesota State Statute 473.3994 requires that the City
hold a public hearing within 45 days after the Anoka County
Regional Rail Authority hearing as identified above; and
WHEREAS, the City of Fridley conducted a public hearing on
Thursday, October 24, 1991; and
WHEREAS, the City of Fridley has not been asked to comment on the
appropriateness of LRT in the Metro area; and
WHEREAS, Minnesota State Statute 473.3994 requires a local unit of
government to approve or disapprove the Preliminary Design Plans;
and
WHEREAS, the City of Fridley is responsible for the health, safety,
and welfare of its citizens; and
WHEREAS, the City of Fridley expends approximately 50� of its
budget providing and supporting public safety services, making
public safety our primary service; and
WHEREAS, the City of Fridley has in the past rejected the idea of
moving the Fridley Police and Fire stations, and instead has
recently remodeled and refurbished these facilities; and
WHEREAS, the proposed location of the light rail transit in
relation to the Fire and Police stations poses several conflicts
and probl.ems as identified in Exhibit A, clearly the most serious
of these conflicts is accessibility; and
WHEREAS, the City of Fridley has determined that the only
reasonable solution to the access problems would be an underground
tunnel for LRT in the vicinity of the Fridley Fire and Police
stations.
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley approves
the Preliminary Design Plans on the sole condition that the Anoka
County Regional Rail Authority provides access to the Fridley Fire
and Police stations that is, in the sole opinion of the City of
Fridley, equal to or greater than the existing access.
.,
Resolution No. - 1991
Page 2
BE IT FURTHER RESOLVED that the City of Fridley's approval is given
subject to the Anoka County Regional Rail Authority adequately
addressing the following stipulations:
1. Satisfactory responses to the questions identified durinq the
Draft Environmental Impact Statement. Further, the City of
Fridley be allowed additional time to review the Final
Environmental Impact Statement and be given untiZ February 1,
1992 to provide comments.
2. All existing bikeway/walkways affected by the LRT construction
shall be reconstructed/replaced. LRT crossings with
bikeway/walkway facilities shall be properly signalized.
3. Park-and-ride sites shall have adequate detention facilities,
and new storm sewers along the alignment shazl be proper2y
sized in accordance with City and Watershed District
requirements.
4. The feeder bus rontes should include looping the Mississippi
Street route to the west to East River Road.
5. The station design and LRT infrastructure should aesthetically
match the concepts of the University Avenue Corridor plan.
6. The recreational opportunities at Columbia Arena and Community
Park may dictate creation of another park-and-ride station at.
Columbia Arena.
7. In addition to installation of an underground LRT tunnel in
the vicinity of the Fire and Police stations, the Rail
Authority shall adequately address the problems and conflicts
identified in Exhibit A.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
: ��
WILLIAM J. NEE - MAYOR
EXHIBIT A
1. It is not clear how the road intersection signalization and
the light rail transit signalization will be coordinated, and
whether or not Fridley's emergency vehicles will be given
absolute priority.
2. The revised location of the frontage road prevents th�
maneuverability of emergency vehicles in front of the Fire
station and forces the vehicles to cross onto the light rail
transit tracks.
3. It is not clear which jurisdiction would be responsible for
the costs to enhance the signalization system at the
intersection of Unive�sity Avenue and Mississippi S�reet.
4. It is not clear how the City of Fridley's insurance premium
would be affected due to the necessity of fire fighters and
emergency vehicles having to cross the LRT tracks. The City
cannot afford the additional costs.
5. The revised location of the frontage road will dictate
adjustments. to medians in Mississippi Street and along
University Avenue. It is not clear if these adjustments will
be made.
6. The revised frontage road location will remove half of the
existing Fire Department's parlting lot and would dictate a
severe intrusion into the existing park area near the
Municipal Center.
7. Overhead power lines must be high enough to accommodate the
height of the fire vehicles.
8. When the signalization is being designed, any emitters that
will be created must account for an emitter in the Fire
Station, the emergency vehicles, and for the three fire
departments in mutual aid.
9. The signalization systems used for the LRT system must have
a back-up source of power.
�• .
m
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGB 9
LRT PRELIMINARY DESIGN PLANS
Ms. Dacy stated that last summer the Planning Commission, as well
as the Environmental Quality & Energy Commission, reviewed the
draft Environmental Impact Statement (EIS) and made comments to
the Anoka County Regional Rail Authority. The final EIS will not
be distributed until December 1991 and the comment period is
December 10-22, 1991. In the meantime, the County has authorized
distribution of the Preliminary Design Plans. According to State
Statute, that triggers a 45-day review period that cities have to
conduct public hearings and tell the�County by November 11, 1991,
whether the City approves or disapproves the Preliminary Design
Plans. If the City disapproves the Preliminary Design Plans, they
have to tell the County under what conditions would the system be
acceptable.
Ms. Dacy stated that in her memo dated October 11, 1991, she
covered a number of issues and gave the Commission a status update
on some of those issues. One of staff's major comments was to ask
the Rail Authority to compare the LRT system with an all bus
system. The Metropolitan Council and the Regional Transit Board
have undertaken such a study called the Transit Facilities Plan,
and that is due to be published in February 1992.
Ms. Dacy stated staff is still working with the Rail Authority on
the fire and police access issues across the LRT tracks. The
amount of tax base loss was identified to be responded to in the
final EIS.
Ms. Dacy stated there are a number of concerns about the park and
ride sites at 53rd and 57th Avenues. During the EIS review, staff
recommended some site plan comments, and the Rail Authority did
comply and made some driveway adjustments. Staff also submitted
to the Rail Authority the results of the community survey.
Ms. Dacy stated this summer staff has looked at each of the
proposed stations and some of the land use issues. To summarize,
the station locations will start in downtown Minneapolis, proceed
to University Avenue, 37th Avenue, 40th Avenue, 44th Avenue, 49th
Avenue, park and ride sites at 53rd Avenue, 57th Avenue,
Mississippi Street, Osborne Road, and Northtown. Staff looked at
what is existing now, what could happen, looked at some goals, and
made some pretty specific comments about each of the station areas.
In the 1980 Comprehensive Plan, one of the objectives was: "They
shouZd ensure an effective choice of transportation modes to the
City's residents." One of the policies was: The City should
support efforts to increase transit ridership and opportuniti�s.
The City should continue to promote park and ride sites within the
City and support those sites with bike and pedestrian movement.
The City should promote education efforts relating to transit
opportunities. The City should work with MTC and Planning in
developing alternative methods of transit service.
:
�
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 10
Ms. Dacy stated one of the issues discussed at the Environmental
Quality & Energy Commission the evening before, setting aside the
issue of whether or not University Avenue is going to be an LRT
railway, was that it could be a bus-way where a dedicated right-
of-way is reserved for buses. In that case, they would still need
the park and ride sites and there would still be some of the same
types of issues.
Ms. Dacy stated the other goal that directly relates to the LRT
system is: "The City should analyze regional transportation
improvements to determine if the system will (1) improve localized
movements within.the community; (2) adversely affect the natural
and social environ�nent; or (3) adver�ely affect the overall
economic well-being of the City." There is a specific policy to
support the Bikeway/Walkway Systems Plan in 1975 and amendments to
that.
Ms. Dacy stated that on page 4 and 5 of her memo, she tried to
summarize some of the issues to help the Commission make a decision
as to whether they want to recommend approval or dis�pproval of the
Preliminary Design Plans. The EQE had a lot of discussion about
this the previous evening. There are a lot of outstanding issues
as far as staff is concerned:
1.
2.
3.
The Regional Transit Facilities Plan still needs to be
completed.
The final EIS needs to be completed in December.
Staff is continuing to work with the Rail Authority staff
on the fire and police access issues across the tracks.
4. The commissions should review the goals and comments for
each of the station areas and identify any specific
comments which should be listed as an item to be
addressed in additional stages of the LRT planning
process.
Ms. Dacy stated that all commission members are invited to the
public hearing on Thursday, October 24, 1991, at 7:00 p.m.
Mr. Saba stated one of the EQE's main concerns was the �lack of
information in response to their concerns regarding air quality at
park and ride stations, the bikeway/walkway system, landscaping,
number of poles and spacing between the poles, screening and
landscaping requirements, noise, vibration, etc. The EQE did not
feel they had enough information to make any recommendation, either
to approve or disapprove. An effort should be made to address
these concerns.
:
PLANNING COMMISSION MEETING OCTOBER 16 1991 PAGE 11
Mr. Sielaff stated the EQE had a long discussion about whether to
approve the Preliminary Design Plans conditionally on whether their
concerns, as far as the environmental aspects, are taken into
consideration; or to not approve it at all. The EQE decided not
to make any recommendation because of the lack of information
available. He stated the design criteria is a big issue.
Mr. Saba stated there should be enough information available from
other operating systems to have some of these concerns addressed.
Ms. Sherek stated that over the- last couple of years, the
Commission has brought up a lot of concerns, starting with the
concern that the maps being used to base the plans on were out of
date. No one has ever told them about where the Rail Authority
got the demographics or how they determined the ridership models.�
She has not heard or read anything that has answered these
questions. Why should the people who live in the neighborhood of
the proposed station location at 53rd/University have their
neighborhood disrupted when they do not need or want an LRT system?
Some other concerns expressed by the Commission were the cross-town
buses and other connecting transportation routes.
Ms. Dacy stated_she would like to invite Steve Wilson of the
Metropolitan Council to a Planning Commission meeting, because the
ridership forecast comes from the Met Council offices. He has the
expertise to answer some of these questions.
Ms. Sherek stated she would like someone to come to a meeting and
tell the Commission how they built this model and how they built
the model based on the people who live here now, not in 2010. If
the people who live here now and in the next ten years are not
going to use the system, then the system could fall into such
disuse or disrepair by the year 2010 that it is not going to be
viable anyway.
Ms. Dacy stated that at the June Planning Commissian meeting; she
had distributed copies of a letter from Steve Wilson that lists
six points of how they predicted the transit ridership. She will
redistribute that letter and can also invite him to an upcoming
meeting.
Ms. Dacy stated that now is the time to make a statement about the
proposed park and ride sites. If it is not LRT and if the Transit
Facilities Plan indicates this should be a bus-way, they will have
a dedicated right-of-way and they will be proposing park and ride
sites. So, based on some type of demand between now and the year
2010, the City is going to have to provide some type of park and
ride facility.
Ms. Sherek stated she did not think the Commission had enough
information to make any recommendations on the station area
locations. A lot depends on whether they are looking at an LRT
: .
PLANNING COMMISSION MEETING. OCTOBER 16, 1991 PAGE 12
model or a mobile model that is not on fixed rails. If they are
looking at an LRT model, then the station areas should be on one
side of the road; but if they are looking at a model not operating
on a fixed rail, then they do not have the same restraints. .She
would like to see the empty parking space on the south side of the
Holiday Plus store used for parking.
Mr. Saba stated another issue raised by the Commission was the
request for a pedestrian overpass at Mississippi Street and
University Avenue. That was not satisfactorily answered.
Mr. Betzold stated he believed they should operate under the
assumption that LRT is�going to happen; and if it is going to
happen, then they have to talk about how it 3s goi�g to impact
Fridley.
Mr. Kondrick stated he has no problem with the station areas
identified at 53rd Avenue, 57th Avenue, Mississippi Street, and
Osborne Road, but he does have concerns regarding air pollution,
noise pollution, overpasses, etc. It is naive to believe that the
LRT will only service the people of Fridley. There will be many
cars coming from outside the City, and these concerns, particularly
air pollution, need to be addressed.
Mr. Saba stated he agreed with Mr. Kondrick regarding the station
areas. The Commission has discussed these locations before and
has agreed that these are the locations they would like to see.
His main concern is the lack of response from the Rail Authority
regarding the Commission's concerns and being asked to approve the
Preliminary Design Plans without trie Rail Authority giving some
strong consideration to their concerns.
Ms. Modig stated they could approve the Preliminary Design Plans
with the stipulation that the Rail Authority does address these
concerns.
Mr. Saba stated he also concerned about the fact that they are
being asked to approve the Preliminary Design Plans before the
Final EIS is published and the lack of adequate review time between
December 10-22 after the Final EIS is published. That is a very
busy time of year, and that time should be extended.
Mr. BetzoZd stated he agreed with the issues regarding the fire
and police access across University Avenue. Assuming they can
resolve that access, he would agree with the station at Mississippi
Street. From what he has heard from the neighbors, he would still
go along with a station at 57th Avenue and try to utilize the space
across the street at Holiday Plus if they can.
Ms. Dacy stated she made note of the 57th Avenue station in her
memo because there was a suggestion at the neighborhood meeting to
have the station north of 57th Avenue, and the response was that
�;
tiTT:iL•7.Rr.i... + . . . :i5 . : c;...;:..7 `�:ti.::;fi . . ..... . . _ . ..... , ... ...
PLANNING COMMISSION MEETING, OCTOBER 16, 1991 PAGE 13
area has been identified as a redevelopment area and to relocate
it south of 57th Avenue is more compact and uses less land area.
If the Commission feels strongly that the station should be north
of 57th Avenue, then the Commission should say so now. Staff is
recommending the sites are acceptable the way they are now.
Mr. Saba stated he is really concerned about a station north of
57th Avenue and how that will impact future redevelopment in that
area.
MOTION by Mr. Sielaff, seconded by Ms. Sherek, that the Planning
Commission does not have enough information on LRT as a whole to
make any recommendation on the Preliminary Design Plans, and the
Planning Commission recommends that the Preliminary Design Plans
be delayed until the Final EIS has been released. The Planning
Commission also recommends that the comment period for the Final
EIS which is scheduled between December 10-22, 1991, be either
extended or delayed until January 1992. �
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED UNANIMOOSLY.
MOTION by Mr. Kondrick, seconded by Ms. Modig, to reiterate the
following concerns:
1. Fire and�police access onto University Avenue. If the
access is maintained, construction of the tracks should
not adversely affect the turn-around of the fire vehicles
and timing of Opticom systems as vehicles are trying to
leave the station area.
2. The EIS include an analysis of the properties to be
acquired for park and ride sites along the entire
corridor and identify the amount of tax base loss to each
community.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED UNANIMOUSLY.
:�
�
CITY OF FRIDLEY
ENVIRONMENTAL QIIALITY AND ENERGY COMMISSION
OCTOBER 15, 1991
CALL TO ORDER•
Chairperson Sielaff called the October 15, 1991, Environmental
Quality and Energy Commission meeting to order at 7:32 p.m.
ROLL CALL•
Members Present: Bradley Sielaff, Paul Dahlberg, Susan Price,
Dean Saba, Steve Stark
Members Absent: Bruce Bondow, Rich Svanda
Others Present: Barb Dacy, Community Development Director
Lisa Campbell, Planning Associate
John Flora, Director of Public Works
APPROVAL OF SEPTEMBER 17 1991 ENVIRONMENTAL UALITY AND ENERGY
COMMISSION MINUTES:
MOTION by Mr. Saba, seconded by Mr. Dahlberg, to approve the
September 17, 1991, minutes of the Environmental Quality and Energy
Commission as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE
MOTION CARRIED UNANIMOUSLY.
l. NEW BUSINES5
a. Light Rail Transit (LRT)
Ms. Dacy attended the meeting to discuss LRT. Last
month, commission members received a copy of a booklet
to review. The other part of the Preliminary Design Plan
is a booklet which goes through various cross sections
and alignments. There has been little change since staff
last reviewed the draft Environmental Impact Statement
(EIS) in June. The drawings and proposed site plans have
been put into this booklet. The booklet received by
Commission members is a written narrative of the project.
Along with the agenda, Commission members should have
received a cover memo from Ms. Dacy and a number of
attachments.
C;
ENVIRONMENTAL QUALITY
AND ENERGY COMMISSION MEETING, OCTOBER 15, 1991 PAGE 2
Ms. Dacy stated the Commission will be reviewing the
Preliminary Design Plans which represent 10% of the
project. One of the attachments is a summary of the
City's comments on the draft EIS. According to State
law, the Rail Authority has to respond to each of the
comments in written form in the final EIS. Commenting
agencies will not receive responses until December. Many
of the environmental impact questions have not been
answered as yet; therefore, these issues cannot yet be
addressed.
Mr. Saba asked how the Commission can recommend or not
recommend without this information.
Ms. Dacy stated this is one of the issues. The purpose
of the review, according to the State Statute, is that
the Rail Authority is the proposing agency. The State
law says, once they submit a complete drawing plan to the
community, the municipalities have a certain amount of
time to review and recommend to approve or not approve
back to the Rail Authority. They have established this
process which puts the Preliminary Design review prior
to the conclusion of the formal EIS.
Mr. Saba stated that if the Commission disapproves, they
must recommend what will make it acceptable.
Ms. Dacy stated the Rail Authority has the ability to
contact the Regional Transit Board as a mediator. The
goal of this process is whether or not the City wants to
approve or disapprove.
Mr. Saba asked if this meant the Commission could not
comment on those items to be answered in December.
Ms. Dacy stated members could reiterate what has been
said and note that there are many unanswered questions,
that before the City of Fridley proceeds in this process,
there should satisfactory answers to our concerns in the
final �IS.
Mr. Sielaff stated that if there are environmental
concerns, they would determine the design. He wondered
if these concerns should first be addressed and then
determine the design.
Ms. Dacy stated that after the Preliminary Design review,
there are two more stages: the Preliminary Engineering,
Q��
ENVIRONMENTAL QIIALITY
AND ENERGY COMMISSION MEETING, OCTOBER 15. 1991 PAGE 3
which is 30� of the construction project; and the final
design, which will be just prior to when the project is
bid in about eight to ten years. The County has not
indicated whether it will continue to the Preliminary
Engineering Stage. They will have another look at it
during the Preliminary Engineering Phase. The difference
between the two stages is the level of detail being done.
Mr. Sielaff stated that if the Commission has some
environmental concerns, will there be an opportunity to
comment later?
Ms. Dacy stated the City will have 30 days to review and
comment after receiving the final EIS. It is up to the
Rail Authority to determine whether or not that EIS is
adequate.
Mr. Sielaff stated that to clarify the proposed schedule,
the final EIS is due in December, after the Preliminary
Design but before the Preliminary Engineering phase.
Ms. Dacy stated this is correct.
Ms. Dacy reviewed the status of the draft EIS comments.
As summarized in her memo, there were essentially five
comments. The first is whether the LRT is the most
appropriate transit facility that should be built in our
particular corridor. As a result of not only the
situation in our particular area but in the metro area
as well, the Metropolitan Council has initiated a
regional study, the Transit Facility Plan, which is due
to be completed in February 1992 and which will analyze
the major transit corridors in the entire metro area.
This plan will be looking at the whole spectrum of
transit facilities and making comparisons and identifying
which would the best transit facility for each area.
This is being done by the Metropolitan Council and the
Regional Transit Board.
Ms. Dacy stated that staff has made sure that the
northeast corridor is to be studied. Some of the major
issues between LRT and an all bus system is that in order
to have an all bus alternative, there must be a dedicated
right of way. The Metropolitan Council is looking at an
all bus system with a bus right-of-way so there is a
reliable source of transit. What that says to Fridley
is that, even if they do not have an LRT, they could have
a dedicated bus lane. This could result in some of the
same issues of park and ride impact or bikeway/walkway
: �
ENVIRONMENTAL QUALITY
AND ENERGY COMMISSION MEETING, OCTOBER 15, 1991 PAGE 4
connections to park and ride sites or policies to promote
alternative forms of transportation other than the car.
The positive thing that the comments have done is to spur
the necessity of that plan which will be done in
February.
Ms. Dacy stated the second issue is the Fire and Police
Department's concern about the relationship between the
LRT tracks and emergency access onto University Avenue.
The City has been working with the Rail Authority staff
who has provided information about distances between the
front of the Fire Station and the LRT tracks and if there
is room to turn around. There are many questions, as far
as staff is concerned, that have not been answered.
There will be a list of issues that City staff will be
developing in conjunction with the Fire Department.
Ms. Dacy stated the third issue deals with a comparative
study about the amount of lost tax base as a result of
the park and ride sites. This will be answered as part
of the final EIS, and the City will need to respond to
that issue in December.
Mr. Saba asked about the lost future development in
regard to development that`is lost or put off because of
the system.
Ms. Dacy stated that in terms of Fridley, she did not
think that would be an issue. They do not currently have
redevelopment plans for the two park and ride sites at
53rd and 57th Avenues.
Ms. Dacy stated the fourth issue is the identified site
concerns about how park and ride sites were designed.
Some adjustments have been made in the design. For
example, at 57rd Avenue station, there is now a driveway
connection onto the frontage road; and at 53rd, a
driveway onto 4th Street was eliminated. This does show
that the planners have taken some of the comments about
the site plan issues seriously.
Ms. Dacy stated the last issues were the eight page list
of comments which must be responded to, and as requested
by Councilmember Jorgenson, the Rail Authority received
the results of the community's survey.
Ms. Dacy stated that, whether the system will be an LRT
or an all bus system, University Avenue will be the
transit corridor. They will eventually need to come up
•,�
�
ENVIRONMENTAL QIIAI,ITY
AND ENERGY COMMI88ION MEETING, OCTOBER 15. 1991 PAGE 5
with policies in connection with a bikeway/walkway system
to the park and ride sites that is compatible with
present and future land use issues.
Ms. Dacy stated the park and ride site at 53rd Avenue
will take the Amoco Station and vacant land over to 4th
Street. As it is proposed at this time, this does not
take the houses on the west side of 4th Street. At the
current time, the City has no redevelopment plans for
this area. The Shurstein property has had proposed
projects but nothing i5 yet decided. At 57th Avenue, the
property that would be taken is the SuperAmerica site,
the Motor Valet, and the residential houses on the west
side of 4th Street to be used for a park and ride site.
The City has a working map used by staff to look at a
redevelopment area north of 57th Avenue, including the
now vacant McDonald's building and north to the current
Alanon building and also looking across the street at
Frank's Used Cars.
Ms. Dacy stated a land use issue that has come up already
is that people are saying to put the site to the north
of 57th Avenue. This will be an issue that will have to
be addressed. If the City has a preference, this needs
to be stated now. In terms of land use so they do not
jeopardize future redevelopment plans, the park and ride
located where it is now is a good location; and from a
site planning perspective, it is good that they are
taking an entire block. The site as proposed is serving
the function. The 57th Avenue park and �ide will be a
middle hub for the feeder bus routes. As far as a
redevelopment plan north of 57th, the City was looking
at the commercial redevelopment of the Rapid Oil site.
Considering the market and the economy for commercial
use, this is not a good idea for the 90's. The HRA may
begin looking at a housing alternative for that area, as
well as Frank's Used Car site. This is also a compatible
use with a busline or LRT.
Ms. Dacy stated that at the 53rd Avenue site, there is
much concern from people on the west side that their back
yards will be backing up to a parking lot. At a
neighborhood meeting held in March, some residents said
they preferred being next to a parking lot rather than
next to an apartment or business, while others preferred
businesses. Other issues pertaining to the environment
and land use impact besides the location and size of the
park and ride are bikeway and walkways issues. The plans
show sidewalks around the sites to tie into neighbor-
• - -
ENVIRONMENTAL QIIALITY
AND ENERGY COMMISSION MEETING, OCTOBER 15, 1991 PAGE 6
hoods. It is up to the City to make the connection to
feeder bus routes to help people move around the
community.
Ms. Dacy stated that also included in the agenda packet
were some comments from the City Council from November
1990 which also identified the need for bikeway/walkways
and were concerned about feeder bus routes. Residents
living along 57th have not had buses along their streets
and they now will have buses. The buses, however, are
needed to provide transportation for people.
Ms. Dacy stated that as far as staff is concerned, they
have major regional planning process underway to tell the
metro area what type of transit facilities should be
placed from the corridor; there are a number of
environmental issues not responded to; there are concerns
on the fire and police access situation; and from a land
use and location standpoint, they are not objecting to
the location of 53rd and 57th Avenue park and ride sites
because this does seem to mesh with the current thinking
of what we want to do in this particular area, but there
are other compatibility issues such as lighting, etc.,
that need to be addressed in the Preliminary Engineering
stage. These are the list of items that they would
identify to make the plan acceptable.
Ms. Dacy stated a public hearing is scheduled for
October 24, 1991. Then the City Council will review the
comments from the public hearing, review the
Environmental Quality and Energy Commission and Planning
Commission minutes, and determine which way they want to
go. This will be scheduled for final discussion at the
City Council meeting on November 4th. The City must
respond by November 11.
Mr. Sielaff stated coming from this Commission would be
a recommendation on what the Commission feels would be
important in its review of the Preliminary Design.
Ms. Dacy stated the Commission could also reiterate that
it is difficult to respond until you have answers to
questions.
Mr. Sielaff stated he would recommend having a draft EIS
in hand and make comments during the Preliminary
Engineering Stage.
Mr. Saba stated it is very difficult with only 10% of the
: «
�
ENVIRONMENTAL QQALITY
AND ENERGY COMMISSION MEETING, OCTOBER 15. 1991 PAGE 7
plan done. This is not enough information to make a good
decision. There are still many questions. How far apart
will the poles be? What landscaping is planned? What
will it be like in terms of screening? It sounds as if
there is a commitment for bikeways/walkways or at least
discussion.
Ms. Dacy stated another alternative is to identify the
key issues that are important to you as an environmental
commission that you want to see no matter what. This
would give the City Council some direction, as well as
the Rail Authority. If the Commission wants.to say
things like it is essential to have bikeways and walkways
tied to the park and ride site, they can do so.
Mr. Sielaff stated he agreed this should be emphasized
in addition to the comments that have already been
provided.
Mr. Flora suggested that the Commission may want to
consider approving the plan but add comments. At least,
the Rail Authority would be required to give them an
answer. The Commission would be approving the plan
contingent upon answers to the questions; and when the
Commission receives the answers, they can then
reconsider.
Mr. Dahlberg stated the Commission cannot approve
anything at this level of development. Potentially, they
can approve of the fundamental issue of an LRT or not.
The LRT is an appropriate means of transportation and
the University Avenue corridor is the apgropriate
location. That is as simple as it can be at this time.
Mr. Saba stated the Commission cannot say that because
the bus system may be better.
Ms. Dacy stated that whether or not there will be an LRT
or bus system is out of their hands. If they focus on
the items that are transit issues, one must accept that
the City will eventually have park and ride sites in the
next 15 to 20 years but they must focus on the sites.
Staff is saying that both sites as proposed seem to work
but there are still many unanswered questians on the EIS
and there are site design issues.
Mr. Sielaff asked what happens if, after 53rd and 57th,
the Rail Authority comes up with a plan and the
Commission finds they do not like it. Will they then
: � �
ENVIRONMENTAL QUALITY
AND ENERGY COMMISSION MEETING, OCTOBER 15, 1991 PAGE 8
change it?
Mr. Dacy stated that will be up to the Rail Authority.
Mr. Dahlberg asked that if they say they are willing to
have a station at this level, are they committed? Or,
if they say they do not want a 53rd Avenue station at
all, will everything then be north of 694?
Ms. Dacy stated it would be easier if these objections
are raised now.
Mr. Saba stated a good point is the land use issue. What
will Fridley be giving up if they don't approve the
stations at 53rd and 57th?
Mr. Dahlberg stated the Environmental Quality and Energy
Commission is really concerned about environmental
issues. Environmentally, it is sound to accept station
locations on both sides of the street at those locations,
what is the treatment of landscaping, and what are the
sound, vibration, and air quality issues? They are
inherent. From those environmental issues, if they look
at them generally, it makes more sense to disburse and
not have it all at one large facility. It then has less
impact on some of the environmental issues but more
impact on other issues.
Ms. Campbell stated that if they pull 53rd out, the one
on 49th only has 20 spaces.
M�. Dahlberg stated this will then go to 57th.
Ms. Dacy stated the stations get closer together as you
get to downtown.
Mr. Stark asked where the next station to the north of
57th will be located.
Ms. Dacy stated on Mississippi Street. Regarding
redevelopment in the area across the street from City
Hall, the City Council has made it clear they want the.
area developed because it is one of the four corners of
downtown Fridley. This did have an impact on 53rd and
57th. The Rail Authority is saying there will be a
demand for "x" number of parking spaces between Northtown
and downtown. The loss of park and ride at Mississippi
did displace a demand for spaces further south in the
corridor. The Rail Authority is trying to maximize the
8EE
ENVIRONMENTAL QUALITY
AND ENERGY COMMISSION MEETING OCTOBER 15 1991 PAGE 9
opportunity at 694 which makes sense.
Mr. Saba stated there is already an impact there.
Ms. Campbell stated there is already a facility structure
there.
Mr. Saba stated this is probably not adding to the impact
as much in that area.
Ms. Dacy thought they were trying to avoid acquisition
of residential property along the west in the 53rd Avenue
site. If they did acquire, it makes better sense for
site design. This, however, could change. _
Mr. Sielaff stated he was inclined not to approve the
Preliminary Design because there is not enough
information available. He did want to see bikeways and
walkways included.
Mr. Saba asked if the Commission could approve only the
station locations and that they are appropriate as long
as certain conditions are met.
Mr. Sielaff asked if there is a concensus on that from
an environmental standpoint.
Mr. Saba stated he has concerns about air quality issues.
The bikeway/walkway issue is another issue.
Mr. Stark liked Mr. Flora's suggestion to approve what
they see unless they have anything against what the plan
actually says contingent upon all of the other issues.
They are not at the stage of the game where they can
approve all of the other issues.
Mr. Dahlberg stated it is contingent upon "satisfactory".
Mr. Saba stated that there is only 30 days to respond so
the Commission would have to have a meeting.
Mr. Stark stated this is an important enough issue to
have another meeting.
Mr. Sielaff stated he is leary about approving something
that may come back to haunt them. Is a conditional
approval really a final approval?
Mr. Saba stated they can come back and say they will
8FF
ENVIRONMENTAL QUALITY
AND ENERGY COMMISSION MEETING, OCTOBER 15, 1991 PAGE 10
screen but have a tree every 50 yards. Their definition
of scr�eening or landscaping could be much different from
what they would like to see.
Mr. Sielaff stated they then get into a back and forth
situation. Have them come back with all the information
and then they can formally decide. This seems as if this
is a backward process.
Mr. Stark stated that from the Rail Authority's
perspective, they do not want to spend time and money to
provide full plans if there are things that the City does
not want. Is the Commission more concerned about details
rather than the overall picture?
Mr. Sielaff stated station locations are part of the big
picture.
Mr. Dahlberg stated the corridor is the biggest issue,
then location of stations and how many in your community.
After that, it is the smaller issues. They can say they
agree with the cor•ridor location and they agree in
principaZ with the station locations. These are based
on projections. They can then make changes as this
comes nearer to reality. They have discussed several
times about where the projections come from including the
number of parking spaces required, the ridership, etc.
This is information they need to say they agree with the
scope or the size of a particular acquisition of land
areas. If they agree in principal of the corridor and
station location, it is all they can approve at this
point. Perhaps they are concerned about air quality,
screening, etc., but until they � have specific
information, they cannot approve that. Does the 10%
completed document include written information as to what
is proposed for landscaping, what is proposed for dealing
with environmental issues, traffic issues, etc.?
Ms. Dacy stated that outside what is in the EIS, the
Preliminary Design drawings are basically the design of
park and ride sites and the track alignment.
Mr. Dahlberg stated it appears that they have not
addressed in a thorough manner. It does not appear that
all oi these issues have been looked at.
Mr. Dahlberg asked about the design of screening which
is part of the design criteria. Has this design criteria
been developed?
8GG.
ENVIRONMENTAL QUALITY
AND ENERGY COMMISSION MEETING. OCTOBER 15, 1991 PAGE 11
Ms. Dacy stated that is part of the next level of review.
The County wanted to get the EIS and the Preliminary
Design done prior to spending more money on a level of
detail for the system which may or may not proceed.
Mr. Dahlberg stated the design criteria is a what is used
to establish the preliminary design.
Ms. Dacy stated it is her understanding that the design
criteria will contain the details for landscaping, light
standards, etc.
Mr. Dahlberg stated that as a design professional, he
does not start a proj ect until the design criteria is
identified. It seems unusual that a design firm has not
gone through this process of establishing criteria.
Ms. Dacy stated this may be a matter how of the process
has been set up.
Ms. Campbell stated the Commission needed to come up with
some environmental recommendations.
Mr. Dahlberg stated he did not think the Commission can
intelligently respond to the issues presented because,
from an environmental standpoint, the Commission does not
have enough information.
Mr. Sielaff agreed.
Mr. Dahlberg stated at this level of development, it is
a Planning Commission issue because it is a process
issue. As far as environmental concerns, the EQE must
state to the City Council that they want an opportunity
to review the detail once it is developed and have their
input at that point.
Mr. Stark stated that as a Commission, they can show
their support for mass transit as an energy saving
environmental protection system; but as far as their own
local situation, there is not enough information.
Mr. Sielaff stated there seems to be a concensus that
they do not have enough information. They could approach
it by approving with certain conditions or not approving.
O� perhaps they could just voice their concerns to the
Planning Commission and emphasize the bikeways and
walkways.
8H�1
ENVIRONMENTAL QUALITY
AND ENERGY COMMISSION MEETING, OCTOBER 15, 1991 PAGE 12
Mr. Dahlberg stated he is more comfortable doing it that
way looking it purely from the standpoint of
environmental issues.
Ms. Dacy stated that she hears the Commission saying that
it is not making a recommendation to approve or
disapprove, that there is not enough information to
respond to issues, the Commission wants the opportunity
to review the final EIS and Preliminary Engineering
Design plans when they become available in December, the
Commission is concerned about the details, and also
continues to work toward strong bikeway/walkways in
conjunction with the park and ride sites.
Mr. Saba stated he was surprised there is not a design
criteria available at this time.
Mr. Dahlberg agreed.
b. 501 Water Resources M1�nagement Plan
Mr. Flora attended to provide information on the 501
Water Resources Managem nt Plan and provided background
information. In 1981, he legislature, in accordance
with the Clean Water Act, established a Storm and Waste
Water Management Act to ma age surface water in the metro
area. The Metropolitan C uncil also wanted to become
involved in this endeavo . In that process they
identified areas in the metr area that had no watershed
management districts. They i ntified middle Mississippi
River areas that did not have watershed district. This
got the cities involved. Thi middle Mississippi Rive
area consists of both sides o the river. The cities
agree to split the east and w t sides. When it was
split and included the east sid only, we have now got
the Rice Creek, Coon Creek an Rum River. Watershed
Districts. How should these be andled? Rice Creek,
Coon Creek, and Rum River each ha their own watershed
districts. This left three areas f land on the east
side of the Mississippi that did n t have management.
In order to get a jump on the legis ature, the cities
involved in those three areas (Columbi Heights, Hilltop,
Fridley, Coon Rapids, Spring Lake P rk, and Blaine)
decided to get something going. After everal years of
talking, we had the six cities get toge E
a joint powers agreement to establis
organization. In 1984, the legislature
legislation that says you will have
organization via a watershed to govern al
8��
� and approve
a watershed
sted the 509
management
�land. With
E�g�neenny
Sewer
Water
Parks
Streets
Mai�tenance
�
MEMORANDUM
TO:
William W. Burns, City Manager PW91-327
FROM:
John G. F1ora�Public Works Director
DATE:
October 31, 1991
SUBJECT:
Change Order No. 5, Street Improvement Project ST. 1991 -
1 & 2
At the Council meeting of October 7, it was suggested that the City
pave the drive and parking area in front of the Recycling Center
facility. We have coordinated with our street contractor and
identified a change order for this work amounting to $5,237.50.
If the Council desires to pave the recycling area, I recommend they
approve Change Order No. 5 to ST. 1991- 1& 2 for $5,237.50.
The contract changes are all within the authorized contract
adjustment amount.
At a future date, we will have to do a fund adjustment to allocate
the funds to the Street Improvement Project.
JGF:ch
E
/
�
FRlM.�E.Y
CITY OF FRIDIEY
II�TGIl�TG DEPA�II'�VT
6431 iINIVEE2SITY AVE., N.E.
FRIDIEY, MN 55432
October 21, 1991
W.B. Millex, Inc.
16765 Nutria Street
Ramsey, MN 55303
SUBJ�CI': C�arx�e Order No. 5: Street Ittq�rove�ment Project
No. ST.1991 - 1 & 2
Gentlemnen:
You are hereby ordered, authorized, arxl instruct:ed to modi.fy your oontract for Street
I�rr�vement Project No. ST. 1991 - 1& 2 by addinq the follaairig wr�rk:
ADDITIONS:
APPROX.
�1�I 4UAN'I'I'I'Y
SC��77CTLE L• RECYCLIlJG CIIJ'1'ER PAVIlIG
1. Cxecunan �ccavation 50 C.Y.
2.
�
A�ate Base, Class
5, (100% Cnashed)
Wear Oourse Mixture
(including oil)
125 Zbn
125 Ton
'I�OTAL AI)DTTIONS
TO►rAL Q�ANGE ORDERS •
Original Contract Amount
Contract Addition -(�Lange Order No. 1
Contract Addition - Ci�nge Order No. 2
Contract Deletion - Change O�ier No. 3
Contract Addition -(�ange Order No. 4
Contract Addition - Cx�ange Order No. 5
`1�i� •• • 1
• �
PRICE
$3.50
$7.50
$33.00
.�
$175.00
$937.50
$4,125.00
$5,237.50
$366,230.00
6,904.00
77,906.50
- 23,062.50
20,225.00
5,237.50
$453,440.50
W. B. Mil.ler, Inc.
Page Ztaoo
Criange Order No. 5
October 21, 1991
SuL-enitted and a�roved by John G. Flora, Public Works Director, on the 21st day of
Apprdved and aooepted this /� day of �� , 1991, by
W.B. Miller, Inc.
�.���
��
Approved and accepted this _��h day of NQV em�.e r,. 3; 9 9 3 bY
CITY OF FRIDI�Y
William J. Nee, Mayor
William W. Burns, City Manager
. -
�
�
V'
1�-
�
�
�
�
4J
>
�
�I
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��
� "'�
9C �
Memo To: Wil:liam W. Burns, City Manaqer
From: Wil:Liam C. Hunt, Assistant to the City Manaqer����/
8ubject: Pro��osed Leqislation Reqardinq Local Police
and Fire Relief Associations
Date: Oct��ber 15, 1991
Representativ��s of cities which have local Police and Fire associations have
been meeting Eor a number of years. Their main concern up to now has been
with the so-c��lled thirteenth check legislation.
The group has decided to take a more pro-active stance. They want to change
the assumptioris for asset valuation, annual increase in salary and yield from
investments to what is presently in the law for Minneapolis. The asset
valuation wou:ld change from cost to a three year average of market value.
The increase i.n salary assumption would change from 3.5 percent to 4 percent.
The assumptio:n for yield on investment would increase from 5 percent to 6
percent.
With the chanc�e in asset assumptions the value of our assets on paper would
rise bringing them closer to the funding requirements and decreasing the
amount of unfu.nded liability. By increasing the difference between increases
in salary and yield on investments from 1.5 percent to 2 percent it would
reduce the ariount that must be paid to amortize the unfunded liability
because the rE:lative return on investment in proportion to salary increases
would be grea'ter. As a result, the amount that the city would be required
to pay each yEaar would be considerably lower.
At the presen�t time we are required to pay about $40,000 per year into the
Police pensioii fund. This.would undoubtedly go down if the new assumptions
were put in. �Without an actuarial study we can't determine the exact amount.
In order for the group to present a credible case to the legislature it would
be necessary to do some actuarial studies on a number of typical cities.
This would be the main cost to the group for promoting the legislation. The
costs would be divided up among the participating cities which have local
Police or Fire.pension plans. The City of Fridley's share would be $1,500.00
to help with the actuarial studies and other costs of promoting the
legislation.
I think that �the pro-active approach to change the assumptions has a great
deal of inerit. It might also be successful in avoiding the thirteenth check
which slows down our reduction of the unfunded liability. It would certainly
help with ouz� cash flow and have some immediate funds freed up for the
General Fund.
I recommend t:hat the City of Fridley participate in the pro�ect with a
donation of $7_,500.00 to be taken from the emergency reserve.
c: James P. Hill, Assistant City Manager/Public Safety Director
Richard I). Pribyl, Finance Director/City Treasurer
10
RESOLUTION NO. 1991
A RESOLIITION AUTHORIZING AN EBPENDITIIRE FROM
THE EMERGENCY RESERVE TO DEVELOP LEGISLATION
RELATING TO LOCAL POLICE AND FIRE PENSION
FIINDS
WHEREAS, Minnesota state Iaw requires cities which have local
police or fire pension plans to fully fund those plans by the year
2010; and
WHEREAS, for purposes of amortizing the cities' unfunded liability
state law has established certain actuarial assumptions relating
to asset valuation, increase in salary, and yield on investment;
and
WHEREAS, these actuarial assumptions are not in line with actual
experience over a period of several decades resulting in higher
annual costs to cities to amortize their unfunded liability; and
WHEREAS, other cities ha�e secured special legislation to update
the actuarial assumptions resulting in savings to taxpayers; and
WHEREAS, the League of Minnesota Cities is drafting legislation
which would update the actuarial assumptions for all remaining
local police and fire pension plans; and
WHEREAS, certain expenses must be incurred to prepare this
legislation, notably actuarial studies of a number of local pension
plans; and
WHEREAS, the League of Minnesota Cities has requested $1,500.00
from the City of Fridley to assist with the expenses of preparing
the requisite legislation; and
WHEREAS, passage of the contemplated legislation in all likelihood
would result in considerably more than a$1,500.00 reduction in the
City's annual contribution toward amortizing the unfunded liability
of the local Fridley police pension plan;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Fridley that $1,500.00 be transferred from the emergency reserve
to the General Management Division of the City Management
Department of the General Fund to be used to help with the expenses
of the above mentioned legislative initiative.
PASSED AND ADOPTED BY THE CITY'COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
ATTEST:
WILLIAM J. NEE - MAYOR
SHIRLEY A. HAAPALA - CITY CLERK
� �Q
CITY OF FRIDLEY
M E M O R A N D II M
��
TO: WILLIAM W. BIIRNS, CITY MANAGER ��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SIIBJECT: CERTIFICATION OF DELINQIIENT OTILITY SERVICES
DATE: OCTOBER 31, 1991
Attached is a resolution for the purpose of certifying delinquent
utility accounts to the County for collection with the taxes in the
year 199�� .
All property owners have been notified of the fact that the utility
bills arE: being certified to the County and have been given an
opportuni.ty to pay the bill. The penalty shown on this resolution
is in addition to the regular penalties that accrue on the utility
bills. T:his year we have approximately the same number of accounts.
to be cez�tified as last year. It appears that the growth we have
seen in cielinquent utility bills have apparently leveled off at
this number.
RDP/jm
0
11
RESOLIITION NO. - 1991
A RESOLIITION CERTIFYING CERTAIN DELINQIIENT IITILITY
- BERVICEB TO T$E COUNTY ADDITOR FOR COLLECTIONB WITH
� THE 1992 TA8E8
WHEREAS, certain utility services for the City of Fridley are
delinquent in payment, and
WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113,
Solid Waster Disposal and Recycling Collection, Chapter 216, Storm
Water Drainage Utility, and Section 1.02 of the City Charter
provides for the certifying of delinquent charges to the County
Auditor for collection with the taxes, and
NOW, THEREFORE BE IT RESOLVED, that the City Clerk is hereby
authorized and directed to certify the following charges to the
County Auditor for collection with the 1992 taxes due and payable
in the year 1992, to wit: �
Al1 these noted in Exhibit "A" attached hereto and made a part
hereof by reference.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
ATTEST:
WILLIAM J. NEE - MAYOR
SHIRLEY A. HAAPALA - CITY CLERK
�
11A
PIN NUMBER
26-30-24-33-0048-OC�00
26-30-24-32-0064-OC�00
26-30-24-32-0042-OC�00
23-30-24-23-0095-OC�00
23-30-24-22-0076-OG00
23-30-24-22-0056-OC�00
26-30-24-32-0079-0Q00
26-30-24-32-0033-0000
23-30-24-23-0064-0000
23-30-24-23-0067-0000
23-30-24-23-0079-0000
23-30-24-23-0073-0000
26-30-24-33-0081-0000
26-30-24-23-0081-0000
26-30-24-23-0051-0000
15-30-24-44-0012-OODO
15-30-24-43-0023-00��0
23-30-24-33-0091-00��0
23-30-24-33-0097-00��0
15-30-24-41-0003-OOi)0
15-30-24-14-0051-OOi)0
26-30-24-22-0072-001)0
22-30-24-12-0011-001)0
23-30-24-33-0014-001)0
26-30-24-23-0031-OOqO
26-30-24-23-0039-001)0
26-30-24-22-0053-OOAO
26-30-24-22-0055-OOUO
27-30-24-44-0011-OOUO
26-30-24-33-0122-00(10
26-30-24-33-0124-00(10
23-30-24-23-0136-00(10
26-30-24-23-0048-OOC�O
26-30-24-23-0043�OOCiO
15-30-24-43-0048-OOGO
15-30-24-14-0008-OOC�O
15-30-24-41-0048-OOC�O
15-30-24-41-0054-0000
15-30-24-41-0071-0000
15-30-24-42-0096-0000
23-30-24-24-0016-0001
23-30-24-22-0074-0000
23-30-24-23-0030-0000
23-30-24-23-0110-0000
14-30-24-23-0082-0010
23-30-24-34-0053-0000
23-30-24-21-0120-0000
23-30-24-21-0118-000��
23-30-24-21-0116-000��
23-30-24-21-0092-OOOi�
23-30-24-21-0040-000�)
23-30-24-31-0009-000�)
14-30-24-12-0091-0001)
23-30-24-43-0102-OOOi)
23-30-24-24-0076-OOOA
CITY CODE
1-001-4680-6-0
1-001-4724-4-0
1-001-4861-7-0
1-001-5800-8-0
1-001-5910-5-0
1-001-6012-0-0
1-002-4744-9-0
1-002-4832-2-0
1-002-5813-2-0
1-002-5825-8-0
1-002-5828-5-0
1-002-5849-0-0
1-003-4537-9-0
1-003-5057-6-0
1-012-0213-7-0
1-032-0030-4-0
1-033-0182-9-0
1-039-5357-1-0
1-039-5417-9-0
1-040-6446-9-0
1-040-6699-3-0
1-045-5060-1-0
1-052-0100-4-0
1-055-0193-9-0
1-060-0113-9-0
1-060-0172-7-0
1-065-5124-0-0
1-067-5061-3-0
1-080-4500-8-0
1-080-4551-6-0
1-080-4591-8-0
1-080-5775-3-0
1-095-0113-8-0
1-095-0173-5-0
1-101-0185-3-0
1-104-0058-4-0
1-107-0114-3-0
1-121-0120-7-0
1-135-6305-5-0
1-135-6431-2-0
1-136-5900-5-0
1-001-5924-9-2
1-020-0218-2-1
1-026-0110-5-2
t-136-6558-8-2
2-331-5323-5-0
2-331-5950-5-0
2-331-5968-5-0
2-331-5978-3-0
2-332-6060-9-0
2-332-6061-8-0
2-334-5641-7-0
2-335-6862-6-0
2-338-0524-6-0
2-344-0353-4-0
ADDRESS
4680 2 ST NE
4724 2 ST N E
4861 2 ST N E
5800 2 ST NE
59102STNE
60122STNE
4744 2 1!2 ST NE
4832 2 1/2 ST N E
581321/2STNE
5825 2 1/2 ST NE
5828 21 /2 ST NE
5849 2 1/2 ST NE
4537 3 ST N E
5057 3 ST N E
213 49 AVE NE
30 62 1/2 WAY NE
182 63 WAY NE
5357 ALTURA RD NE
5417 ALTURA RD NE
6446 ASHTON AVE NE
6699 ASHTON AVE NE
5060 CLEARVIEW ST NE
100 CHARLES ST NE
193 CROWN RD NE
113 GIBRALTER RD NE
172 GIBRALTER RD NE
5124 HORIZON DR NE
5061 HUGHES AVE NE
4500 MAIN ST NE
4551 MA1N ST NE
4591 MAIN ST NE
5775 MAIN ST NE
113 PI�OT AVE NE
173 PILOT AVE NE
185 RIVER EDGE WAY NE
58 RICE CREEK WAY NE
114 SATELLITE LN NE
120 SYLVAN LN NE
6305 EAST RIVER RD NE
6431 EAST RIVER RO NE
5901 3 ST N E
5924 2 ST N E
218 57 PL
110 58 AVE SE
6558 UNiVERSiTY AVE NE
5323 4 ST NE
5950 4 ST N E
5968 4 ST N E
5978 4 ST N E
6060 5 ST NE
6061 5 ST NE
5641 6 ST NE
6862 7 ST NE
524 53 1/2 AVE NE
353 57 P� t� �
AMOUNT
23024
249.63
266.50
213.95
194.45
190.86
277.61
264.59
108.47
200.55
197.47
277.99
367.82
184.22
159.79
237.03
332.58
255.30
281.02
188.54
211.91
219.36
232.06
204.90
251.07
209.17
230.14
185.53
967.48
348.93
247.84
272.27
120.19
285.60
222.99
324.68
238.33
262.99
194.63
273.51
230.44
16.99
313.86
23.60
64.80
217.44
205.64
243.93
243.24
119.04
280.20
199.95
256.65
305.23
566.03
PENALTY
23.02
24.96
26.65
21.40
19.45
19.09
27.76
26.46
10.65
20.06
19.75
27.80
36.78
18.42
15.98
23.70
33.26
25.53
28.10
18.85
21.19
21.94
23.21
20.49
25.11
20.92
23.01
18.55
96.75
34.89
24.78
27.23
12.02
28.56
22.30
32.47
23.83
26.30
19.46
27.35
23.04
1.70
31.39
� 2.36
6.48
21.74
20.56
24.39
24.32
11.90
28.02
20.00
25.67
30.52
56.60
TOTAL
253.26
274.59
293.15
235.35
213.90
209.95
305.37
291.05
117.12
220.61
217.22
305.79
404.60
202.64
175.77
260.73
365.84
280.83
309.12
207.39
233.10
241.30
255.27
225.39
276.18
230.09
253.15
204.08
10.64.23
383.82
272.62
299.50
132.21
314.16
245.29
357.15
262.16
289.29
214.09
300.86
253.48
18.69
345.25
25.96
71.28
239.18
226.20
268.32
267.56
130.94
308.22
219.95
282.32
335.75
622.63
PIN NUMBER
23-30-24-24-0106-0000
23-30-24-24-0093-0000
13-30-24-42-0028-0000
14-30-24-14-0074-0000
13-30-24-23-0052-0000
13-30-24-14-0127-0000
13-30-24-14-0119-0000
24-30-24-44-0119-0000
13-30-24-14-0120-0000
25-30-24-21-0053-0000
25-30-24-11-0058-0000
13-3Q-24-43-0006-0000
13-30-24-42-0046-0000
13-30-24-24-0008-0000
13-30-24-24-0111-0000
13-30-24-21-0003-0000
24-30-24-44-0247-0000
24-30-24-44-0230-0000
24-30-24-44-0029-0000
24-30-24-41-0111-0000
24-30-24-41-0110-0000
24-30-24-41-0067-0000
24-30-24-33-0014-0000
13-30-24-14-0049-0000
24-30-24-24-0051-0000
24-30-24-24-0066-0000
24-30-24-12-0045-0000
13-30-24-33-0001-0000
13-30-24-33-0010-0000
13-30-24-33-0009-0000
23-30-24-41-0011-0000
14-30-24-41-0075-0000
14-30-24-42-0077-Q000
13-30-24-43-0036-0000
13-30-24-14-0034-0000
24-30-24-42-0051-0000
24-30-24-42-0047-0000
14-30-24-24-0006-0000
14-30-24-42-0093-0000
13-30-24-31-0040-0000
14-30-24-41-0017-0000
24-30-24-31-0066-0000
24-30-24-44-0115-0000
24=30-24-34-0043-0000
24-30-24-14-�031-.0000
13-30-24-32-0006-0000
24-30-24-24-0039-0000
14-30-24-41-0104-0000
14-30-24-34-0004-0023
14-30-24-34-0004-0015
14-30-24-34-0004-0004
24-30-24-41-0024-OQ00
24-30-24-44-0093-0000
24-30-24-41-0237-0000
23-30-24-14-0014-0000
CITY CODE
2-344-0380-1-0
2-344-0440-9-0
2-352-1476-3-0
2-354-0840-2-0
2-356-1000-4-0
2-372-6576-7-0
2-372-6650-6-0
2-375-1639-0-0
2-377-6655-6-0
2-378-5201-6-0
2-385-1518-4-0
2-388-6271-7-0
2-388-6391-2-0
2-388-6676-8-0
2-392-6610-1-0
2-392-6801-0-0
2-401-5429-3-0
2-401-5433-7-0
2-403-5517-4-0
2-403-5538-9-0
2-403-5542-3-0
2-404-5539-7-0
2-408-5300-0-0
2-409-6631-7-0
2-417-1048-5-0
2-417-59Q9-4-0
2-427-1330-0-0
2-432-6161-6-0
2-447-6278-9-0
2-447-6300-1-0
2-462-5705-4-0
2-462-6431-3-0
2-463-6301-9-Q
2-465-1431-1-0
2-477-6621-6-0
2-480-5500-9-0
2-4$0-5570-4-0
2-482-0401-8-0
2-487-6330-6-0
2-517-6436-3-0
2-522-6330-3-0
2-525-5692-4-0
2-535-1584-2-0
2-536-1390-5-0
2-537-5864-2-0
2-542-6431-7-0
2-547-5800-7-0
2-548-6301-8-0
2-549-6205-4-0
2-549-6225-0-0
2-549-6253-5-0
2-550-5562-9-0
2-551-1565-4-0
2-551-5605-7-0
2-552-5771-4-U
ADDRESS
380 57 PL NE
440 57 PL NE
1476 64 AVE NE
840 66 AVE NE
i 000 68 AVE NE
6576 ANOKA ST NE
6650 ANOKA ST NE
1639 BRENNER PASS NE
6655 ARTHUR ST NE
5201 BUCHANAN ST NE
1518 BERNE RD NE
6271 CENTRAL AVE NE
6391 CENTRAL AVE NE
6676 CENTRAL AVE NE
6610 CHANNEL RD NE
6801 CHANNEL RD NE
5429 EAST BRENNER PASS
5433 EAST BRENNER PASS
5517 EAST BAVARIAN PAS
5538 EAST BAVARIAN PAS
5542 EAST BAVAFiIAN PAS
5539 EAST OBERLIN CIR
5300 FILLMORE ST NE
6631 FRIDLEY ST NE
1048 HACKMANN CIR NE
5909 HACKMANN AVE NE .
1330 HILLCREST DR NE
6161 HIGHWAY 65 NE
6278 BAKER AVE NE
6300 BAKER AVE NE
5705 JACKSON ST NE
6431 JACKSON ST NE
6301 JEFFERSON ST NE
1431 KERRY CIR NE
6621 MCKINLEY ST NE
5500 MATTERHORN DR NE
5570 MATTERHORN DR NE
401 MlSSlSSIPPI ST NE
6330 MONROE ST NE
6436 PIERCE ST NE
6330 QUINCY ST NE
5692 REGIS TRAIL NE
1584 SOUTH BAVARIAN PA
1390 SKYWOOD LN NE
5864 STlNSON BLVD NE
6431 TAYLOR ST NE
5800 TENNISON DR NE
6301 VAN BUREN ST NE
6205 UNIVERSITY AVE NE
6225 UNIVERSITY AVE NE
6253 UNIVERSITY AVE NE
5562 WALDECK CROSSING
1565 WEST BAVARIAN CT
5605 WEST BAVAfliAN PAS
5771 W�S��OtOORE LAKE D
AMOUNT
732.15
143.75
211.43
250.33
261.01
122.10
317.63
203.53
295.96
117.05
227.76
216.18
345.04
206.08
278.78
311.20
188.69
247.82
239.09
139.50
135.76
305.07
248.76
309.80
249.83
118.76
196.35
12$5.44
221.16
210.63
260.97
196.26
130.26
219.73
296.77
276.65
272.27
270.58
155.34
229.26
259.19
236.04
143.35
228.39
181.98
168.34
218.68
249.52
408.62
1437.78
162.90
250.47
204.51
191.62
330.73
PENALTY
73.22
14.38
21.14
25.03
26.10
12.21
31.76
20.35
29.60
11.71
22.78
2i.62
34.50
20.61
27.88
31.12
18.87
24.78
23.91
13.95
13.58
30.51
24.88
30.98
24.98
� i .ss
19.64
128.54
22.12
21.06
26.10
19.63
13.03
21.97
29.68
27.67
27.23
27.06
15.53
22.93
25.92
23.60
14.34
22.84
18.20
16.83
21.87
24.95
40.86
143.78
16.29
25.05
20.45
19.16
33.07
TOTAL
805.37
158.13
232.57
275.36
287.17
134.31
349.39
223.88
325.56
128.76
250.54
237.80
379.54
226.69
306.66
342.32
207.56
272.60
263.Op
153.45
149.34
335.58
273.64
340.78
274.81
130.64
215.99
1413.98
243.28
231.69
287.07
215.89
i 43:29
241.70
326.45
304.32
299.50
297.64
170.87
252.19
285.11
259.64
157.69
251.23
200.18
185.17
240.55
274.47
449.48
1581.56
179.19
275.52
224.96
210.78
363.80
PIN NUMBER
23-30-24-13-0029-OOUO
24-30-24-43-0018-OOUO
24-30-24-43-0046-00(10
24-30-24-44-0157-00(10
23-30-24-31-0055-00(10
23-30-24-31-0019-OOt10
23-30-24-31-0019-OOC�1
13-30-24-42-0010-OOCiO
24-30-24-44-0190-OOC�O
24-30-24-44-0283-OOGO
24-30-24-41-0107-OOC�O
23-30-24-13-0130-OOC�O
23-30-24-24-0013-OOGO
14-30-24-34-0004-002'0
11-30-24-14-0060-OOC�O
12-30-24-23-0012-OOG1
12-30-24-23-0011-OOa1
12-30-24-22-0023-0000
12-30-24-22-0023-0001
12-30-24-22-0022-0001
12-30-24-22-0021-0000
12-30-24-22-0019-0000
12-30-24-22-0018-0000
12-30-24-12-0037-0000
14-30-24-22-0022-0000
12-30-24-13-0026-0000
11-30-24-24-0006-0000
12-30-24-13-0076-0000
12-30-24-11-0071-0000
10-30-24-12-0003-0000
03-30-24-31-0025-0000
03-30-24-32-0056-0000
12-30-24-12-0026-0000
12-30-24-12-0001-000��
03-30-24-32-0136-000��
03-30-24-32-0110-000��
11-30-24-13-0068-000��
10-30-24-12-0044-OOQ4
03-30-24-32-0020-000+)
03-30-24-32-0121-000�)
03-30-24-32-0119-OOOi)
10-30-24-43-0011-0001)
10-30-24-41-0024-0001)
10-30-24-11-0014-0001)
10-30-24-11-0013-0001)
10-30-24-11-0011-OOOA
10-30-24-12-0005-000()
03-30-24-23-0072-OOOQ
03-30-24-23-0074-OOOU
03-30-24-23-0075-OOOU
03-30-24-23-0170-OOOU
10-30-24-44-0052-000(►
12-30-24-22-0005-000(1
03-30-24-24-0085-OOOtI
03-30-24-23-0059-000(1
cinr co�E
2-553-5705-4-0
2-554-1485-8-0
2-555-1418-9-0
2-556-5423-2-0
2-331-5600-9-1
2-334-5612-2-2
2-334-5614-0-2
2-352-1443-3-2
2-401-5473-8-1
2-401-5494-3-1
2-403-5530-7-1
2-463-5704-4-1
2-549-5895-1-1
2-549-6215-2-2
3-645-7440-8-0
3-645-7481-8-0
3-645-7497-0-0
3-645-7527-4-0
3-645-7529-2-0
3-645-7541-6-0
3-645-7553-1-0
3-645-7579-1-0
3-645-7595-1-0
3-648-7676-0-0
3-660-0280-6-0
3-675-1367-3-0
3-676-0389-8-0
3-677-1310-9-0
3-677-1545-6-0
3-681-0106-3-0
3-683-0371-9-0
3-683-0541-4-0
3-684-7551-5-0
3-684-7561-3-0
3-685-0614-4-0
3-685-0627-9-0
3-686-7436-4-0
3-689-0097-6-0
3-692-0591-2-0
3-692-0620-7-0
3-692-0640-3-0
3-697-6921-5-0
3-697-7181-8-0
3-697-7509-3-0
3-697-7513-7-0
3-697-7525-3-0
3-697-7673-3-0
3-717-0547-8-0
3-717-0555-7-2
3-717-0565-5-0
3-717-0629-9-0
3-722-6950-8-0
3-723-7600-9-0
3-732-0340-8-0
3-737-0576-8-0
ADDRESS
5705 WASHINGTON ST NE
1485 WINDEMERE DR NE
1418 WEST DANUBE RD NE
5423 WEST BRENNER PASS
5600 4 ST N E
56126STNE
56146STNE
1443 64 AVE NE
5473 E BRENNER PASS
5494 E BRENNER PASS
5530 E BAVARIAN PASS
5704 JEFFERSON ST NE
5895 UNIVERSITY AVE NE
6215 UNIVERSITY AVE NE
7440 ABLE ST NE
7481 ABLE ST NE
7497 ABLE ST NE
7527 ABLE ST NE
7529 ABLE ST NE
7541 ABLE ST NE
7553 ABLE ST NE
7579 ABLE ST NE
7595 ABIE ST NE
7676 ARTHUR ST NE
280 69 AVE NE
1367 73 AVE NE
389 74 AVE NE
131075AVENE
154575AVENE
106 77 WAY NE
371 79 WAY NE
541 79 WAY NE
7551 CENTRAL AVE NE
7561 CENTRAI AVE NE
614 CHERYL ST NE
627 CHERYL ST NE
7436 CONCERTO CUR NE
97 CRAIG WAY NE
591 DOVER ST NE
620 DOVER ST NE
640 DOVER ST NE
6921 EAST RIVER RD NE
7181 EAST RIVER RD NE
7509 EAST RIVER RD NE
7513 EAST RIVER RD NE
7525 EAST RIVER RD NE
7673 EAST RIVER RD NE
547 GLENCOE ST NE
555 GLENCOE ST NE
565 GLENCOE ST NE
629 GLENCOE ST NE
6950 HICKORY DR NE
7600 HIGHWAY 65 NE
340 HUGO ST NE
576 IRO�JT�i ST NE
AMOUNT
231.52
217.75
288.54
250.45
205.81
66.19
4.71
21.59
182.02
4.56
213.87
41.83
320.57
530.12
183.19
110.24
207.92
206.18
231.92
225.21
102.86
258.77
248.35
302.40
278.92
121.02
1880.53
284.66
325.01
447.71
230.95
223.80
321.87
260.48
215.40
291.36
284.84
253.27
234.95
314.91
274.06
238.59
799.13
290.33
295.65
261.02
609.70
20$.19
274.75
223.10
249:92
242.39
488.61
233.31
144.78
PENALTY
23.15
21.78
28.85
25.05
20.58
6.62
0.47
2.16
18.20
0.46
21.39
4.18
32.06
53.01
18.32
11.02
20.79
20.62
23.19
22.52
10.29
25.88
24.84
30.24
27.89
12.10
188.05
28.47
32.50
44.77
23.10
22.38
32.19
26.05
21.54
29.14
28.48
25.33
23.50
31.49
27.41
23.86
79.91
29.03
29.57
26.10
60.97
20.82
27.48
22.31
24.99
24.24
48.86
23.33
14.48
TOTAL
254.67
239.53
317.39
275.50
226.39
72.81
5.18
23.75
200.22
5.02
235.26
46.01
352.63
583.13
201.51
121.26
228.71
226.80
255.11
247.73
113.i5
284.65
273.19
332.64
306.81
133.12
2068.58
313.13
357.51
492.48
254.05
246.18
354.06
286.53
236.94
320.50
313.32
278.60
258.45
346.40
301.47
262.45
879.04
319.36
325.22
287.12
670.67
229.01
302.23
245.41
274.91
266.63
537.47
256.64
159.26
PIN NUMBER
03-30-24-23-0009-0000
03-30-24-23-0120-0000
04-30-24-i4-0003-0000
12-30-24-11-0007-0000
03-30-24-42-0080-0000
10-30-24--42-0033-0000
03-30-24-42-0035-0000
03-30-24-31-0032-0000
03-30-24-31-0064-0000
11-30-24-24-0049-0000
11-30-24-12-0021-0000
12-30-24-12-0091-0000
12-30-24-12-0086-0000
12-30-24-12-0095-0000
11-30-24-13-0004-0000
1i-30-24-13-0107-0000
13-30-24-11-0008-0000
12-30-24-31-0024-0000
12-30-24-31-0029-0000
10-30-24-14-0025-0000
10-30-24-14-0024-0000
12-30-24-22-0013-0001
03-30-24-34-0025-0000
12-30-24-14-0012-0000
10-30-24-13-0012-0000
14-30-24-22-0021-0000
11-30-24-23-0019-0000
12-30-24-23-0022-0001
12-30-24-22-0024-0001
12-30-24-22-0021-0001
03-30-24-23-0113-0000
Q3-30-24-23-0113-0000
03-30-24-23-0113-0000
03-30-24-23-0049-0000
03-30-24-23-0049-0000
03-30-24-31-0048-0000
12-30-24-12-0070-0000
CITY CODE
3-742-0585-0-0
3-742-0641-2-0
3-747-0735-4-0
3-754-7513-7-0
3-757-0254-2-0
3-758-0116-9-0
3-759-0190-7-0
3-759-0380-7-0
3-759-0437-0-0
3-760-7441-6-0
3-760-7501-3-0
3-764-1362-0-0
3-764-1430-8-0
3-764-7619-8-0
3-785-7331-4-0
3-766-7442-9-0
3-767-1521-5-0
3-768-1170-8-0
3-768-1284-1-0
3-772-0031-3-0
3-772-0041-1-0
3-772-0940-3-0
3-773-0341-7-0
3-778-7340-8-0
3-781-0130-2-0
3-785-6890-5-0
3-785-7300-7-0
3-645-7327-6-3
3-645-7515-8-1
3-645-7555-9-1
3-707-0544-3-1
3-707-Q544-3-2
3-707-0544-3-3
3-732-0573-6-3
3-732-0573-6-4
3-759-0305-9-2
3-764-1391-5-2
ADDRESS
585 JANESVILLE ST NE
641 JANESVILLE ST NE
735 KIMBALL ST NE
7513 LAKESIDE RD NE
254 LIBERTY ST NE
116 LOGAN PKWY NE
190 LONGFELLOW STNE
380 LONGFELLOW ST NE
437 LONGFELLOW ST NE
7441 LYRIC LN NE
7501 LYRIC LN NE
1362 MEADOWMOOR DR NE
1430 MEADOWMOOR DR NE
7619 MEADOWMOOR DR NE
7331 MEMORY LN NE
7442 MELODY DR NE
1521 NORTH TIMBER RIDG
1170 NORTON AVE NE
1284 NORTON AVE NE
31 OSBORNE WAY NE
41 OSBORNE WAY NE
940 OSBORNE RD NE
341 PEARSON WAY NE
7340 STINSON BLVD NE
130 TALMADGE WAY NE
6890 UNIVERSITY AVE NE
7300 UNIVERSITY AVE NE
7327 ABLE ST NE
7515 ABLE ST NE
7555 ABLE ST NE
544 FAIRMONT ST NE
544 FAIRMONT ST NE
544 FAIRMONTST NE
573 HUGO ST NE
573 HUGO ST NE
305 LONGFELLOW ST NE
1391 MEADOWMOOR DR NE
TOTALS
1iE
AMOUNT
418.94
231.15
212.71
215.85
169.71
110.8U
256.23
158.52
246.40
207.92
112.19
269.26
240.56
137.10
292.85
266.50
236.68
215.10
1166.76
214.79
133.69
422.71
335.04
226.23
223.90
321.10
4232.52
35.76
9.69
88.28
27.14
4.50
91.80
63.62
34.80
89.06
148.54
$56,112.26
PENALTY
41.89
23.12
21.27
21.59
16.97
11.08
25.62
15.85
24.64
20.79
11.22
26.93
24.06
13.71
29.29
26.65
23.67
21.51
116.68
21.48
13.37
42.27
33.50
22.62
22.39
32.11
423.25
3.58
0.97
8.83
2.71
0.45
9.18
6.36
3.48
8.91
14.85
$5,611.23
TOTAL
460.83
254.27
233.98
237.44
186.68
)2).88
281.85
174.37
271.04
228.71
123.41
296.19
264.62
150.81
322.14
293.15
260.35
236.61
1283.44
236.27
147.06
464.98
368.54
248.85
246.29
353.21
4655.77
39.34
10.66
97.11
29.85
4.95
100.98
69.98
38.28
97.97
163.39
$61,723.49
CITY OF FRIDL$Y
1�iEMORANDUM /'�
t �O
TO: WILLIAM W: BURNS, CITY 1�NAGER �, ��� t
,
FROM: RICIiARD D. PRIBYL, FIN1�i1�iCE DIRECTOR
SUHJ$CT: C$RTIFICATION OF Dffi.IIiQUSNT WEED CHARGSS TO TH8
COUNTY FOR COLLECTION
DATS: OCTOBER 30, 1991
The atta�:hed resolution is for the purpose of certifying uripaid
weed cuti:ing charges to the County for collection with the taxes
due in tYie year 1992 (one installment).
Each pro�>erty owner was billed and a reminder was sent. The last
notice sent to each property owner stated that if the bill remained
unpaid, it would be certified to the Caunty and a 15$ penalty would
be added.
RDP/eh
12
RESOtUTi01�1 N0. _ - 1992
RESOLUTION CERTIFYIN6 CHARGES TO THE COUNTY AI�ITOR TO BE
LEVIED A&AINST CERTAIN PR�ERTIFS FOR COLLECTION NITH THE
TAXES PAYABLE IN 1992 (WEEDS)
WHEREAS, a nuisance condition has been found to exist on the lots listed below;
and
WHEREAS, the owner of such property was given notice to abate such nuisance; and
WHEREAS, the owner of such property did not abate such nuisance and the City of
Fridley, under authority of section i8.271 Minnesota State Statutes of 1988, did
therefore abate the nuisance at a total of �1,295.14.
Pin Number
03 30 24 41 0002
03 34 24 42 0100
03 30 24 42 0101
12 30 24 12 1810
13 30 24 42 0051
13 30 24 42 0052
15 30 24 11 0011
23 30 24 21 0126
23 30 24 21 0137
23 3Q 24 21 0139
�t Parce 1
53903
59140
59140
54051
59152
59152
55764
55086
550$6
55086
Section 3
2270 9/12 SpriRg Brook Pk
2275 10/I2 Spring Brook Pk
1810 19/2 Meadowmoor Terr
1450 17/2 Spring Valley
15Q0 1$/2 Spring Valley
320 7A&7B/1 Edgervater Gard.
27&28/13 Hyde Park
25-26/13 Hyde Park
29-30/13 Hyde Park
85.66
15.38
15.38
57.50
55.20
55.20
221.90
348.44
270.24
270.24
�1,295.14
PASSED AND ADQPTED BY TNE CITY COUNCIL OF THE CITY OF FRIDLEY THiS
, 1991
ATTEST:
SHIRLEY A. NAAPALR - CITY Cl.ERK
WILLIAM J. NEE - MAYOR
� 2A
DAY OF
,
13
14
15
�
FOR CONCURRENCE BY THE CITY COUNCIL
ELECTRICAL
Fraenkel Electric Inc
3612 Fillmore St NE
Minneapolis, MN 55418
SiENERAL CONTRACTOR
Custom Remodelers
8729 Centrat Ave NE
Blaine MN 55434
Daco Inc
14S 10 - 45th St NE
Rogers MN 55374
Haglin, C F and Sons Co.
4005 W 65th Street
Edina, MN 55435
Hagman Construction Inc
5353 Gamble Dr
Minneapolis MN 55416
Ideal Homes Inc
591 - 108th Ave NW
Coon Rapids, MN 55433
Paschke Properties
7979 Ranchview Ln
Maple Grove MN 55369
HEATING
Market Mechanical Inc
4770 Valley Forge Lane
Plymouth MN 55442
PLUMBING
Coppin Plumbing
2300 Chateau La.ne
Mounds, MN 55364
ROOFING
John A Dalsin & Son Inc
2830 S 20th Ave
Minneapolis MN 55407
Morris Fraenkel
Steve Mitchell
Frank Daigle �
Thomas Roberts
Eric Hagman
Jeff Kurkowski
Jerry Paschke
Mark Duffney
Lance Coppin
Georgene Johnson
15A
LICEN8E8
STATE OF MINN
DARREL CLARK
Chief Bldg Ofcl
Same
Same
Same
Same
Same
CLYDE WILEY
Bldg/Mech Insp
STATE OF MINN
DARREL CLARK
Chief Bldg Ofcl
SIGN ERECTOR
Sign Language
6237 University Ave NE
Fridley, MN 55432
Universal Sign Co
1033 Thomas Ave
St Paul, MN 55104
Jimmy Golden
Lee Palmat�:er
75B
DARREL CLARK
Cluef Bldg Ofcl
Same
APPROVED BY R.H. LARSON, FIRE PR�`TSE� ION BUREAU/HOUSING INSPECTOR
'� FOR CONCIIRRENCE BY T8E CITY COIINCIL ESTIMATES
F�N�y NOVEMBER 4, 19 91
Dundee Nursery & Landscaping Co.
16800 Highway 55
Plymouth, MN 55446
Springbrook Nature Center
Landscaping Project, 1991
FINAL ESTIMATE . . . . . . . . . . . . . . . . . $ 21, 549. 32
Barna, Guzy & Steffen, Ltd.
200 Coon Rapids Boulevard
Suite 400
Coon Rapids, MN 55433
Services Rendered as City Attorney
for the Month of September, 1991 . . . . . . . . $ 6,470.59
Rainbow, Inc.
7324 - 36th Avenue North
Minneapolis, MN 55427
.5 MG Water Tank Painting/Altitude Valve
& Vault Installation Project No. 212
Partial Estimate No. 3 . . . . . . . . . . . . . $ 62,566.62
HNTB
6700 France Avenue South
Suite 260
Minneapolis, MN 55435
Inspection of the 1.5 MG Elevated
Water Reservoir Project No. 202
Partial Estimate . . . . . . . . . . . . . . . . $ 831.65
�s
CITY OF FRIDLEY
RECREATION AND NATURAL RESOURCE DEPARTMENT
NATURAL RE�OURCE DIVISION
6431 UNIVSRSITY AVE. N.E.
FRIDLEY MN 55432
October 17, 1991
Honorable Mayor and City Council
City of Fridley
C/O William W. Burns, City Manager
6431 University Ave. N.E.
Fridley, MN 55432
Council Members:
We hereby submit this Final Estimate for Springbrook Nature Center
Landsca '�ng Project 1991, for Dundee Nursery and Landscaping
Company, 16800 Highway 55, Plymouth, MN, 55446.
.We have viewed the work under contract for the SPRINGBROOK NATURE
CENTER LANDSCAPING PROJECT 1991, and find the same is substantially
complete in accordance with the contract documents. I recommend
that payment be•made upon acceptanae of the work by your Honorable
Body and that the one-year contractual maintenance bond commence
on October, 16, 1991.
Resu,ectfully submitted, _
_ '��^�
�`i����"' —
Jack Kirk, Director
Recreation and Natural
Resource Dept.
. _ � � ����
Prepared by: � �
Checked by: a%
. :
October 17, 1991
City of Fridley
SPRINGBROOK NATURE CENTER LANDSCAPING PROJECT 1991
GERTIFICATE OF CONTRACi'OR
This is to certify that the work shown in the statement of work
certified here in has been actually furnished and done for the
above project in accordance with the plans and specifications
heretofore approved. The final contract cost is �21.549.32 and
payment of that amount for the improvement project would cover iri
full, the contractor's claims against the City for all labor,
materials and other work done by the contractor under this project.
I declare under the penalties of perjury that this statement is
just and correct.
DUNDEE NURSERY AND LANDSCAI�ING COMPANY
Gerald W. Theis, President
16C
�
October 17, 1991
To: Recreation and Natural Resource Director
City of Fridley
REPORT OF FINAL INSPECTION FOR
CITY OF FRIDLEY
SPRINGBROOR NATURE CENTER I.ANDSCAPING PROJECT 1991
We, the undersigned, have inspected the above mentioned project
and find that the work required by the contract is substantially
complete in conformity with the plans and specifications of the
project.
So, therefore, we recou�mend to the you that the City approve the
attached Final Estimate for the contractor and the one year
maintenance bond starting from the day of the final. inspection,
that being October 16, 1991.
October 17, 1991
` / f //G / l// .
St�E`l.air, Naturalist Resource Coordinator
Contractor Representative, (Title)
16D
October 17, 1991
City of Fridley
Springbrook Nature Center Landscaping Project 1991
PREVAILING WAGE VERIFIGATION
This is to certify that Dundee Nursery and Landscaping Company has
abided by the Prevailing Wage Provisions as specified by the
Minnesota Department of Labor and Industry for Anoka County.
I declare under the penalties of perjury that this statement is
just and correct.
DUNDEE NURSERY AND I,ANDSCAPING COMPANY
Gerald W. Theis, President
16E
CtTY OF Ff3tDLEY
RECREATlON AND NATURAL RESOURCE �EPARTMENT
6431 UNIVERStTY AVENUE N.E.
FRIDLEY, MN 55432
FROM: City of Fridtey Natural Resource Department
RE: Final Estimate
TO: Honorable Mayor and City Council FOR: Dundee Nursery &
City of Fridiey Landscaping Co.
6431 Universiiy Ave. N.E. 16800 Highway 55
Fridley, MN 55432 Plymouth, MN 55446
DATE: October 17, 1991
SPRINGBROOK NATURE CENTER LANDSCAPING PROJECT 1991
STATEMENT OF WORK
CONT�RACT �TEM'�� � ES'�NIATED UNITs�PF�iCE ` � UNtT 5 �� �,T�TAL� :
� �, E . QUANTIiY . ���' � y� s � _ {AMOtJNT ::
A. White Oak 5 155.02 1 1/2 B&B 775.10
6. Green Ash 3 265.50 2" B&B 796.50
C. Basswood 3 283.95 2" 88�B 851.85
D. Black Cherry 5 58.72 1 1/2" B/Root 293.6
E. Red Oak ' 3 15S.a2 'i 1/2" 8&B 465.06
F. Eastern Red Cedar 16 94.50 3'-4' 1512.00
G. Nannyberry 26 26.77 #4 Poi 696.02
H. Redtwig Dogwood 22 24.97 #4 Pot 549.34
i. Smooth Sumac 39 25.20 #2 Pot 982.80
J. Highbush Cranberry 18 27.00 #4 Poi 486.00
K. Bu� Oak 3 320.85 1 1/2" B8�8 962.55
L. Kentuckey Coffee Tree i 283.50 2" B&B 283.50
M. American Hazel 45 27.00 3'-4' PoUBR i2i5.00
N. Choke Cherry 5 27A0 3'--4' PoUBR 135.00
O. Black Choke Cherry 11 24.97 #4 Pot 274.67
P. Wild Plum 29 52.42 3'-4' 1520.18
Q. Cockspur Hawthom 7 138.15 4' B&B 967.05
R. Irrigation System Lump Sum � 7283• 1 Q
installation
S. Topsoil Borrow 100 15.00 Cu. Yds. 1540.0
SUMMARY:
Originat Contract Amvunt
Contract Additions
Cor�tract Deductions
Revised Contract Amount
Value Completed To Date
Amount Retained (09�0)
Less Amount Paid Previously
Amount Oue This Final Esiimate
21,549.32
0.00
0.00
21,549.32
21,549.32
O.OU
0.00
21,549.32
�sF
TOTAL 21,549.32
DUNDEE NURSERY AND LANDSCAPING COMPANY
FINAL ESTIMATE
OCTOBER 17, 1991
PAGE 2
CERTIFICATE OF THE CONTRACTOR
I hereby certify that the work performed and the materials supplied
to date under the terms of the contract for this project and all
authorized changes thereto, have an actual value under the contract
of the amounts shown on this final estimate (and the final
quantities on the final estimate are correct), and that this
estimate is just and correct nd no part-of the "Amount Due this
Final Estimate" ha�,been r�e��ved. _
By '�l�"%�it��-����,.�1���� „��—d� Date 10/28/91
Contractor's Authorized Representat�.ve (Title)
CERTIFICATE OF THE NATURAL RESOURCE COORDINATOR
I hereby certify that I have prepared this final estimate, and that
the contractor is entitled to payment of this final estimate under
the c tract f r�refe�ence project.
By �z// �%� �<��� Date :� G �n15 , / � %�
`Naturalist Resource Coordinator '�
Checked By � Y-�"-�``
�'
7 �G
Respectfully Submitted,
`.L�/� �/J�, r��L'L.� 1
Siah St Clair
Naturalist
Resource Coordinator
/
_
CINOF
fiii�.�r
MEMORANDUM
Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432 �
; (612j 571-3450
Office of the City Manager
Wiiliam W. Burns
,. ��-
TO: THE HONORABLE MAYOR AND CITY COUNC
FROM: WILLIAM W. BURNS, CITY MANAGER,(�.
,�,r.��
��
DATE: NOVEMBER 4, 1991
SUBJECT: PUBlIC HEARING NOTICE FOR MCGLYNN PROJECT
I've just been informed this afternoon by Mike. Mulroony, the
consultant who is preparing McGlynn's economic fund grant
application, that we should set the public hearing for their grant
application at tonight's meeting. The wording that we have worked
out on this is as follows:
Public Hearing pursuant to economic recovery fund
application to the Minnesota Department of Trade and
Economic Development for purposes of assisting McGlynn
Bakeries with the redevelopment of the former Totino
Pizza Manufacturing Facility.
We should set the hearing for November 18, 1991.
Thank you.
WWB/mj r