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12/02/1991 - 5118r�a� FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Monday, December 2, 1997� 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER �A/.�QE�uGC /% ,�i.*l.ilG'.QM9�n1 5 38v T �i .�/�� !� f�s�si.t�z S r �lS� �.� LL �Ci'v '� rwt �.. p l�' t v' -�?$ D�n,�;s �J� L1,,,��un� 33 � s� �b�.� R�� . s, �� N �3 �� _ , ,� � ��- � � e M r�� l�� , 5 9� �� 5 �� G � S� /�-- /Vl , � e 1/��it �P.1, CQS- 3S� �� p Y � v�n � AQ ✓�'7-' / 3 3�z A2Ti�'/D4E' �r-, %�w �v�ov�.� � _ �,g r� _ FRIDLEY CITY GOUNCIL F�p�� DECEMBER 2� 1991 PLEDGE OF ALLEGIANCE: PRESENTATION OF PROCLAMATIONB: Spring Lake Park Football Champions Day j December 3, 1991 Home Health Care Week December 1 - 7, 1991 APPR04AL OF MINtJTEB: City Council Meeting of November 18, 1991 ADOPTION OF AGENDA: OPEN FORIIM. VISTTORB: (Consideration of items not on agenda - 15 minutes) OLD BOSINESS: Second Reading of an Ordinance Repealing Ordinance No. 974, Entitled "An Interim Ordinance Placing a Moratorium on the Issuance of Special Use Permits for Auto Body Repair Businesses and Prohibiting Their Location Within the City While the Moratorium is in Effect" . . . . . . . . . . . . . . . 1 - lA Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 601, Entitled "Municipal Operation of Liquor," Section 601.06, Holidays" . . . . . . . . . . . . . . . 2 - 2A OLD BIISINE88 (CONTINIJED�: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 602, Entitled "Beer Licensing," by Amending 602.09.01, Hours . . . . . . . . . . . . . . . . . . . 3 - 3A Second Reading of an Ordinance � Recodifying the Fridley City Code, Chapter 603, Entitled � "Intoxicating Liquor," by Amending Section 603.11.01, }�� Hours of Operation . . . . . . . . . . . . . . . . . . 4 - 4A Second 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 - 5A NEW BUSINESS: Approval of 1992 Agreement Between the City of Fridley and the Fridley Communications Workshop ( ETC ) . . . . . . . . . . . . . . . . . . . 6 - 6 B Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to the Shaddrick LaBeau American Legion Post #303 . . . . . . . . . . . . . . . . . . 7 - 7C � : I � NEW BIISINB88 (CONTINtTED): Receive the Minutes of the Planning Commission Meeting of November 13, 1991 : . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8i2S2Q A. Special Use Permit, SP #91-12, by United Stores, to Allow Unscreened Exterior Storage - of Materials and Equipment, on Lot 3, Block 1, Target Addition, Generally Located at 785 - 53rd Avenue N.E. ........ 8- 8B - ........ 8P - 8W B. Special Use Permit, SP #91-13, . by McGlynn Bakeries, Inc., to Allow Commercial Retail Within an Industrial Building, with the Use Occupying No More than S,OOO Square Feet, Generally Located at 7350 � Commerce Lane N.E. .............. 8B - 8C .............. 8X - 8WW C. Resolution Approving a Lot Split, L.S. #91-03, by McGlynn Bakeries, Inc., to Split Property into Two Separate Parcels, Parcels A and B, Generally Located at 7350 Commerce Lane N.E. .......... 8C - 8M .......... 8Y,Y - 8QS24 Motion to Write Off Two Outstanding Checks from 1990 . . . . . . . . . . . . . . . . . . . 9 - 9A :.:�;y....., ,:.:... .... ,:. ,......,.. ,.... . .,. . , :._..:......, , .:,.,.:�._..... . . ..: :.:.:.....,. , ..... .. . . _ _ .._ . , ..... .. .,.,..... ' ... ..... . . ,. . _. .. � NEW BIISINE88 (CONTINQLD): Resolution Authorizing an Increase in Compensation for Fridley City Employees for the 1992 Calendar Year . . . . . . . . . . . . . . . . . . . . . . . . . 10 - l0A Motion to Amend Resolution No. 84 - 1991 and Approve Amended 1992 Calendar of City Council Meetings and Holiday Schedule for City Employees . . . . . . . . . . . . . . . . . . . . . . . 11 - 11B Informal Status Reports . . . . . . . . . . . . . . . . 12 Appointment: City Employee . . . . . . . . . . . . . . 13 Claims . . . . . . . . . . . . . . . . . . . . . . . . 14 Licenses. . . . . . . . . . . . . . . . . . . . . . . 15 - 15A Estimates . . . . . . . . . . . . . . . . . . . . . . . 16 ADJOIIRN: THE MINOTES OF T88 REGIILAR MEBTING OF THB FRIDLLY CITY COIINCZL OF NOVEMBER 18. 1991 The Regular Meeting of the Fridley City Council was called to order at 7:33 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council members and �udience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: None Mayor Nee stated that he was glad to be back at the Council meeting and appreciated all the cards and ca11s he received when he was �.a the hospital. He asked Mayor Pro Tem Schneider to conduct the meeting because his voice was not up to par. PRESENTATION• DONATION FROM THE FRIDLEY JAYCEES TO THE FIRE DEPARTMENT: Ms. Pam Podobinski stated that the Fridley Jaycees were pleased to continue their community support and presented a check for $14,000 to the Fire Department to purchase self-contained breathing apparatus. Mr. McKusick, Fire Chief, thanked the Jaycees for this contribution. He stated that he and the firefighters are very grateful, as this aontribution will allow them to complete the purchase of this equipment. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 4, 1991_ MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. SPECIAL COUNCIL MEETING, NOVEMBER 12, 1991: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. " FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 18. 1991 PAG$ 2 ADOPTiON OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• l. PUBLIC HEARING ON THE ADOPTION OF THE 1992 CITY OF FRIDLEY BUDGET : MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Mayor Nee. Upon a voice vote, a11 voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 7:4o p.m. ' Mr. Burns, City Manager, stated that it was his pleasure to present the 1992 budget for the City. He stated that the budget questions were addressed within the context of a number of events in the political and economic climate. He stated in April and May, the newly elected Governor, facing a$1.2 billion deficit, proposed the elimination of the homestead and agriculture credit, a decrease in local government aid, and drastic changes in the State's property tax rates. He stated that it was necessary for the City to move to cut back expenditures in view of the economic climate. Mr. Burns stated that Council had several work sessions on the budget and developed a l.ong-term approach to the State aid cutbacks. He stated that Council opted not to fill three vacancies resulting in about a$86,000 savings. He stated that, however, Council did approve a 2.5 percent increase for employees in 1992. Mr. Burns stated that the yard waste program was another subject of discussion as Fridley is the only City that funds a yard waste program. He stated that there was discussion an whether to continue the program. He stated that the program is popular and has a lot of support, and it was decided to continue this program at a cost of $36,000. He stated that some financial assistance may be received from the County to support the yard waste program. Mr. Burns stated that very few new services or programs were proposed for the coming year. He stated that the Police Department requested optical scanning equipment. He stated that the development of this equipment is fluctuating and, since the Finance Department will also eventually use this equipment but is not ready FRIDLEY CITY COIINCIL MEBTING OF NOVEMBER 18, 1991 PAGE 3 to proceed at this point, the request has been set aside for 1992. He stated that the Police Department also requested a bicycle patrol program that was also postponed. Mr. Burns stated that the Police Department usually requests six or seven new vehicles, and this year the request was for two. He stated that since the 1991 vehicles have yet to be ordered, the decision was made not to purchase any additional vehicles resulting in a savings of $27,000. Mr. Burns stated that in March, 1990, OSHA mandated training relating to handling of hazardous materials. He stated that $12,000 was added to the budget in order to meet the requirements for this training. Mr. Burns stated that Council discussed €ee increases. �e stated that the main topic was fees for' the recreational program; however, increases were not approved. Mr. Burns stated that this year's budget contains about $700,000 for capital improvements. He stated that the Little League parking lot was improved, and the concession stand and storage building will be renovated. Mr. Burns stated that one of the biggest issues was whether or not to levy additional property taxes. He stated that it was Council's decision not to levy additional property taxes, but use the fund balances. Mr. Burns stated that the expenditures for all funds is $10, 047, 617 or a 4.3 percent decrease from last year's budget, and the General Fund accounts for about a 1.1 percent decrease. He stated that personal services accounts for $6,430,334 or a 1.5 percent increase over last year. He stated that this increase is attributable to a 2.5 percent cost of living increase, increased cost for employee health insurance, merit step increases, increased cost for workers' compensation, and costs for election judges. He stated that this increase is offset by savings in not filling three full-time positions, reduced costs for part-time employees, the transfer of two employees from the General Fund to other funds, and reduced police pension costs. Mr. Burns stated that expenditures in the other three categories of the General Fund have decreased. He stated that these decreases were in supplies, contractual services, and capital outlay expenditures, which accounted for the largest decrease of 22.1 percent. He stated that some of the capital outlay expenditures are for the purchase of a GIS work station, replacement of Public Works vehicles and equipment, planning and building inspection software, desk top publishing equipment, and computer hardware and software. Mr. Burns stated that the special revenue funds include the Cable Television Fund, Grant Management Fund, and Solid Waste Abatement FRIDLEY CITY COIINCIL ME$TINQ OF NOVEMB$R 18, 1991 PAGS 4 Fund. He stated that the 24.3 percent increase in the Cable Television Fund was due to the transfer of excess cab� franchise revenue to the General Fund. He stated that the Gra Management Fund increased 3.1 percent, most with the human services grants for housing, community development �block grants, and Chore Service grants. He stated that the Solid Waste Abatement Fund decreased 20.8 percent due to redueed costs for recycling containers and lower cost of the recycling contract. , Mr. Burns stated that the sources of revenue for recycling are from the $2.50 per quarter soiid waste recycling fee which generates $75,000; a trash hauler sales tax which generates $43,000; gate fees from the yard waste site, $13,408; and transfer from the closed debt service fund of $40,589. Mr. Burns stated that $711,050 is projected for capital improvements, which is a decrease of over 32 percent. He stated that most is for streets but also includes the replacement of part of the municipal garage roof at a cost of $31,500, improvements at the municipal center for $21,200, and sealcoating and overlay work at the parks at a cost of $52,500. Mr. Burns stated that park capital improvements have increased 29.8 percent. He stated that the budget contains the following improvements: replacing the Moore Lake beach house, $152,250; constructing a parking lot at Riverview Heights Park, $52,500; Little League renovation, $31,500; playground equipment replacement, $30,000; parks lighting upgrade, $25,000; and a new parking lot at Flannery Park, $21,000. Mr. Burns stated that street improvements are down by 61.8 percent with $75,000 budgeted for street overlay; $120,000 for sealcoating; and $50,000 for the signalization at Highway 47 and 83rd Avenue. Mr. Burns stated that the Enterprise Funds total of $6,650,780 is up by 5.8 percent. He stated that there is a 3.2 percent increase in the Water Fund; a 5.9 percent increase in the Sewer Fund due to increased fees from the Metropolitan Waste Control Commission; a .1 percent increase in the Storm Water Fund; and a 7.5 increase in the Liquor Fund. Mr. Burns stated that the 1992 budget does not project additional property tax levy and uses $379,216 of reserves to balance the budget, resulting in the property tax levy being reduced by 2.5 percent. He stated that the homestead and agriculture credit aid increased by $101,667. He stated that the City portion of taxes on an average Fridley home valued at $79, 200 will decrease from $142 to $134 and on a$90,0000 home, taxes will decrease from $177 to $166. He stated that, in general, as the value of residential property increases, the value of the 1992 tax reduction will increase. FRIDL$Y CITY COIINCIL MBBTINQ OF NOVBMB$R 18, 1991 PAQ$ 5 Mr. Burns stated that although the City portion of property taxes is decreasing there will be a positive change in total taxes for most Fridley homeowners, as the County and school districts are proposing increases. Therefore, the overall increase will be about 5.65 percent. He stated that the decr�ase in the City portion of taxes will favorably impact the tax burden that is already among the lowest in the metropolitan area. He stated that according to 1991 Citizen's League Report taxes on an $80,000 home in Fridley rank 65 out of 95 metropolitan cities with populations in excess of 2,500, and Fridley taxes are lower than any of the surrounding cities. Mr. Burns stated that in reviewing the City's financial health fund balances, revenues, and expenditures were considered. He stated that the discretionary fund balances are very strong, and revenue is increasing. He stated that there has been a trend toward increased reliance on property taxes, but Council's decision not to certify additional property tax levies has, at least, temporarily, thwarted this trend. He stated that as revenues from inter-governmental sources are declining, there has been great pressure to resist higher General Fund expenditures. � Mr. Burns stated that the financial health of local government.is dependent largely on the social and•economic climate of the community which it serves. He stated that the number of jobs in Fridley rose between 1989 and 1990. He stated that the value of business land is remaining stable, and the volume of sales from both retail and service sections �is steady but not growing. Mr. Burns stated that the value of retail sales dropped sharply between 1988 and 1989. He stated that Fridley's unemployment was up slightly from 4.5 to 4.8 percent but remains below the rate for the metropolitan area. He stated that new construction is down, and it is projected it will be about the same level as in 1991. Mr. Burns stated that Fridley's population is growing older, and crime has increased by about 14 percent since 1988. He stated that Fridley appears to be becoming more culturally diverse with an increase in blacks, hispanics, Asians and other minority populations from 3.2 percent to 5.2 percent. He stated that there is an increased dependence on local services, assistance with student meals, and 635 Fridley families receive some form of assistance, which represents 5.8 percent of the households in the City. He stated that County-wide welfare recipients are growing by about 15 percent per year, and Fridley is consistent with this figure. • Mr. Burns stated that tight financial constraints have required cutbacks in the areas of filling vacancies, capital outlay items, and reduced capital improvements. He stated that Council has preferred using reserves over new taxes. He stated that the City's fund balances remain strong, but there is an increasing dependence on transfers as a source of revenue. He stated that expenditures FRIDL$Y CITY COIINCIL MEETINQ OF NOVBMBER 18, 1991 PAGE 6 are declining, and Fridley's economy is strong, but not growing. He stated that the population is becoming more dependent on local governmental services. Mr. Burns stated that the City needs to continue to search for future cost savings particularly through inter-governmental cooperation. He felt that there is potential for.cutting costs by cities working together. He stated that the City should continue efforts to preserve State Aid revenues and to protect and expand the tax base. Mr. Burns stated that he would recommend Council adopt the 1992 budget as presented. Mr. Peter Eisenzimmer, 6535 Oakley Drive, asked if the Moore Lake beach house was going to be removed and replaced. Mr. Burns stated that the building is in a state of deterioration, and it will be replaced. � Mr. Eisenzimmer asked if the liquor stores were profitable. Mr. Burns stated that no property tax money is spent on the liquor operation, but revenues come from the liquor sales. Iie stated that the liquor stores are totally self-supporting. Mr. Eisenzimmer stated that with the 15 percent increase in welfare recipients, the taxpayers will end up paying more taxes. Councilwoman Jorgenson read a letter received from Mr. Kutcher, 1500 N. Innsbruck Drive. MOTION by Councilwoman Jorgenson to receive a letter from Robert Kutcher objecting to an increase in taxes for 1992. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:21 p.m. . lA. PUBLIC HEARING TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS• 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 8:21 p.m. FRIDLEY CITY COUNCIL ME$TINa OF NOVEMBER 18 1991 PAG$ 7 Mr. Pribyl, Finance Director, stated that this hearing is to receive comments from the public regarding the possibility of Council levying a tax which appears to be in excess of 16 mills. He stated that the State of Minnesota has changed the method of computing taxes from �'mill levy" to "tax aapacity" and transferred State Aid funds from the cities to the school districts to reduce school district taxes. He stated that because of the reduced State aid, the City may need to levy taxes which apgear to be in excess of 16 mills. Mr. Peter Eisenzimmer, 6535 Oakley Drive, asked what was the worth of each mill. Mr. Pribyl stated that the mill is the percentage or fraction derived from the levy or the amount needed to balance the budget divided by the assessed valuation. He stated that the State changed the entire property tax formula from mills to tax capacity. He stated that there are no conversion formulas from mills to tax capacity, but tax capacity is similar to assessed value. MOTION by Mayor Nee 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 8:27 p.m. NEW BUSINESS• 2. RESOLUTION NO. 89 1991 ADOPTING A BUDGET FOR THE FISCAL Y� 1992• MOTION by Mayor Nee to adopt Resolution No. 89-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Texn Schneider declared the motion carried unanimously. 3. RESOLUTION NO 90-1991 DECLARING THE NECESSITY TO LEVY A TAX - _ _ _ _ _ _ �«r r .. a �rr, nt+omrL�vT1J(_ T�X COLLECTION• MOTION by Councilwoman Jorgenson to adopt Resolution No. 90-1991. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. PUBLIC HEARING• 3. PUBLIC HEARING ON SUBMITTAL OF ECONOMIC RECOVERY GRANT APPLICATION FOR MCGLYNN BAKERIES INC.: 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 FRIDLBY CITY COIINCIL M88TINQ OF NOVEMBER 18. 1991 FAG$ 8 Schneider declared the motion carried unanimously and the public hearing opened at 8:29 p.m. Mr. Burns, City Manager, stated that McGlynn Bakeries, Inc. approached the City regarding the potential of moving to Fridley in the Totino Pizza building. He stated that a financial package has been assembled to assist McGlynn in making this move. He stated that part of the financial package is based on a State Economic Recovery Grant of $250,000. Mr. Michael Mulrooney of Advance Resources who prepared the application for McGlynn, stated it is requested that Council submit this application to the State for an Economic Recovery Grant. He stated that the purpose of this grant is to assist communities in making loans and grants available for companies to expand. He stated that the total project cost is approximately $12,000,000, and the grant would be for $250, 000, which is the maximum available through this program. Mr. Mulrooney stated that the grant proceeds would be provided to McGlynn in the form of a loan/grant agreement executed between the City and McGlynn. Mr. Mulrooney stated that McGlynn anticipates hiring, in the next several years, at least 36 new employees in addition to the personnel they now employ. He stated that over the life of the project employment would be significantly greater. He stated that he felt this project would be a welcome addition to the City and one the City could be proud of. Councilman Billings asked about the new jobs that would be created and the 217 jobs that will be retained. Mr. Mulrooney stated that 217 positions are currently filled at McGlynn's Eden Prairie plant. He stated that the movement of those positions to Fridley will result in another opportunity in Eden Prairie for the frozen division of McGlynn. He stated th�t employment will increase, not only in Fridley, but in Eden Prairie. Councilman Billings stated that. there are 217 jobs paying approximately.$25,000 per year, and he asked if they would be moved to Fridley. He stated that 46 jobs would be created, 36 in the next several years with 13 paying $4.65/hour and 33 paying $6.80/hour. He asked why the jobs which may be transferred from Eden Prairie are better paying than the new jobs that will be created. Mr. Mark Rasmussen, Vice President of Marketing for McGlynn, stated that they have listed entry level positions in this application. If people have more qualifications the pay would be reflected accordingly. He stated that, basically, the application asked for a forecast of jobs created, and entry level jobs were included. He stated that some positions would start at $6.80/hour, and within three years this would increase to $11.38/hour. He stated that FRIDLBY CITY COIINCIL MFBTING OF NOV$MB$R 18, 1991 PAG$ 9 retail pay would start at $4.65/hour and go to $5.85/hour and is subject to,change in the future. He stated that they may have to hire a marketing manager, production manager, or customer service representatives, and it is difficult to forecast what positions would be available. Councilman Billings asked about the 30 percent turnover a year and if it was in the entry level or other positions. Mr. Rasmussen stated that turnover tends to be in entry level positions. � Councilman Billings asked that after two years if these 217 people that transferred had left McGlynn whether they would be replaced with entry level personnel. Mr. Rasmussen stated that if someone with five years of bakery experience or a senior position left, generally someone with experience in the plant is promoted to this better job. He stated that if someone in an entry level position left replacement is usually with another entry level position. Councilman�Billings stated that part of the requirements for the Economic Recovery Grant application is the creation and reterition of jobs in the State. He stated that he wants to make sure the City is not making this application and then turn $12.50/hour jobs into $4.50/hour jobs. Mr. Rasmussen stated that McGlynn is committed to their employees. He stated that they are in a growth pattern and are adding more jobs. He stated that over the last ten years McGlynn added over 1,100 new jobs in the State. He stated that other food companies have moved out of the State; however, the opportunity to have such a good basic facility as Totino's allows them to stay in Minnesota. He stated that due to business in the frozen food area, McGlynn's looked at the option of locating a plant in the southeast, perhaps North Carolina. He stated that, eventually, they will probably locate a plant in this area but want to do it at a time consistent with growth. He stated that the grant the State is offering will help keep business and the tax base in Minnesota. Councilman Billings asked how the grant application would be impacted if their business is different from what they envision and the jobs are not transferred but new jobs are created. Mr. Mulrooney stated that the State is concerned about new jobs being created, but is really not too concerned about maintaining the jobs that may transfer from Eden Prairie to Fridley. He stated that this program is not intended to move people around the State and fill projections where there is not any job gain, but focuses on new jobs that will be available as a result of this project. FRIDLEY CITY COUNCIL MS$TING OF NOVEMBER 18, 1991 PAQB 10 Councilman Schneider asked if the 36 new jobs do not materialize, if this puts the City in a precarious spot. Mr. Mulrooney stated that this would be a grant and not a loan. He stated the proceeds do not have to be paid back to the State if the company does not achieve its business standards. He stated that the State will normally extend the qrant period to the point where new jobs are created. He stated the State recognizes that circumstances do arise where a company cannot meet the job objective and is forgiving that entire process. �_ Councilman Fitzpatrick stated that he is bothered by the language of the grant application. He stated that it states the grant is designed to provide assistance to low income persons and seems it is a self-fulfilling prophecy that the company can make them iow income by reducing their salaries. Mr. Mulrooney stated that the grant program was designed to assist low and moderate income persons, and you can, through the State Job Service, hire persons who are unemployed. He stated that they intend to meet the State guidelines for low and moderate income, which relates to the prevailing wage. Councilman Fitzpatrick stated that it seems the purpose of the program is to provide low income jobs to low income persons. Mr. Mulrooney stated that Council may. be zeroing in on the beginning wages outlined in the grant application; however, the company�s goal is to employ people, and the entry level wage increases up to an $11.00/hour range. Mr. Rasmussen stated that the wage rates in Fridley will be the same as in Eden Prairie. He stated that they have no intention of changing wage rates, and the wage rates filled in the grant are entry level. Mr. Rasmussen stated that at Eden Prairie they have two different plants within the same building, one for the frozen products and the retail bakery. He stated that they will move one of the operations to Fridley, whiah would allow the frozen bakery operation to expand in Eden Prairie. He stated that there are personnel in both operations that live closer to Fridley, and they hope to work out a plan where those living closer to Fridley may be able to transfer to the new facility. Councilman Billings stated that there are a number of issues with this particular facility in terms of traffic and drainage that do not concern the grant application. He questioned what would happen if Council does not declare a tax increment financing district in this area. FRIDL$Y CITY COIINCIL ME$TING OF NOVEMBBR 18, 1991 PAG$_� Mr. Burns stated that he assumes if Council does not approve the tax increment plan, the grant application may be withdrawn. He stated that he understands there is not anything in the resolution that commits the City to a tax increment financing district. Mr. Mulrooney stated that the City certainly has the right to withdraw the application. He stated that the State is limited in the availability of funds, so time is of the essence in submission of the grant application. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded b� Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:58 p.m. 5. PUBLIC HEARING ON THE ISSUANCE OF AN ON-SALE LI4UOR LICENSE TO GBN INC. FOR THE PROPERTY LOCATED AT 3720 EAST RIVER ROAD: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:58 p.m. Mr. Pribyl, Finance Director, stated that GBN, Inc. has requested an on-sale liquor license. He stated the previous organization that was issued a liquor license for this address is going through banl�ruptcy. He stated that there are number of items that the applicant needs to provide such as articles of incorporation, surety bonds, etc., before a license could be issued. Mr. Tony Nicklow, the petitioner, stated that he has all the documents that are needed. He stated that they have changed their format and operate the establishment under the name of Roper's which is a country western atmosphere. He stated that they have changed their whole concept from the previous operation. Mr. Pribyl stated that he has received a letter from the trustee stating the liquor license has been abandoned. He stated that he needs to confirm this, as well as some other items, with the bankruptcy trustee before the issuance of a new license. No other persons in the audience spoke regarding the issuance of this liquor license. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 9:05 p.m. FRIDLEY CITY COIINCIL MEBTING OF NOVEMBBR 18. 1991 PAQB 12 OLD BUSINESS• 6. ORDINANCE NO. 979 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 101. ENTITLED "ANIMAL CONTROL" BY AMENDING SECTIONS �01.01.09._ 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 205.05.39: MO�ION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 979 on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion �arried unanimously. 7. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 602. ENTI'�LED "BEER LICENSING," BY AMENDING 602.09.01, HOURS: (TABLED 1114191Z Mr. Pribyl, Finance Director, stated that this ordinance changes the hours of operation to allow the sale of beer on Thanksgiving Day. iie stated that this would allow restaurants that have a beer license to serve beer on Thanksgiving Day. MOTION by Councilwoman Jorgenson the ordinance upon first reading. Upon a voice vote, all voting aye, the motion carried unanimously. to waive the reading and approve Seconded by Councilman Billings. Mayor Pro Tem Schneider declared 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 603, ENTITLED "INTOXICATING LIQUOR," BY AMENDING SECTION 603.11.01, HOURS OF OPERATION: (TABLED 1 f4/91� MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 606, ENTITLED "INTOXICATING LI4UOR ON-SALE CLUBS" BY AMENDING 606.11.01, HOURS OF OPERATION: �,TABLED 11,/ 4,L91 � MOTION by Mayor Nee to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLBY CITY COIINCIL ME�TINQ OF NOVEMBER 18. 1991 PAGB 13 NEW BUSINESS• 10. RESOLUTION O. 9- 991 C N FOR A PU LIC ARING ON T MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO 1 TO REFLECT INCREASED GEOGRAPHIC AREA AND INCREASED PROJECT COSTS, THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 THROUGH NO 11 TO REFLECT INCREASED PROJECT COSTS WITHIN REDEVELOPMENT PROJECT NO 1 AND THE ESTABLISHMENT OF PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 12 AND THE APPROVAL AND ADOPTION OF THE PROPOSED TAX INCREMENT FINANCING PLAN RELATING THERETO' MOTION by Councilman Billings to adopt Resolution No. 91-1991, setting the public hearing for December 9,� 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 11. RESOLUTION NO 92-1991 AUTHORIZING SUBMiTTAL OF ECONOMIC RECOVERY GRANT APPLICATION FOR MCGLYNN BAKERIES_. INC.: MOTION by Councilwoman Jorgenson to adopt Resolution No. 92-1991. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 12. FIRST READING OF AN ORDINANCE REPEALING ORDINANCE NO,_974, ENTITLED "AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF SPECIAL USE PERMITS FOR AUTO BODY REPAIR BUSINESSES AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT": MOTION by Councilman Billing to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 13. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 601 ENTITLED "MUNICIPAL OPERATION OF LI4UOR.!' SECTION 601.06, HOLIDAYS: Mr. Pribyl, Finance Director, stated that this change would remove July 4 from the restriction of holidays governing the operation of the Municipal liquor stores. Councilman Billings confirmed that this was consistent with the State statute. MOTION by Mayor Nee to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Upon a voice vote, Mayor Nee, Councilman Billings, Councilman Fitzpatrick, and Mayor Pro Tem Schneider voted in favor of the motion. Councilwoman FRIDL$Y CITY COIINCIL MEETING OF NOVEMBER 18, 1991 PAG$ 14 Jorgenson voted against the motion. Mayor Pro Tem Schneider declared the motion carried by a 4 to 1 vote. 14. RESOLUTION NO. 93-1991 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE FRIDLEY CHAMBER OF COMMERCE: MOTION by Councilman Fitzpatrick to adopt Resolution No. 93-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. RESOLUTION NO. 94-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE FRIDLEY MOOSE LODGE NO. 38• MOTION by.Councilman Billings to adopt Resolution No. 94-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. RECEIVE THE MINUTES OF THE CABLE TELEVISION ADVISORY COMMISSION MEETING OF OCTOBER 23, 1991: MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Advisory Commission Meeting of October 23, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 17. EXTENSION OF VARIANCE. VAR #90-30, AND SPECIAL USE PERMIT, SP #90-07, BY PATRICK AND RITA BOYLE, FOR LOT l. BLOCK 2, SYLVAN HILLS, GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E.: MOTION by Councilman Billings to extend Variance, VAR #90-30 and Special Use Permit, SP #90-07 for one year to December 10, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 18. RE-APPROVAL OF SPECIAL USE PERMIT. SP #89-08, BY 7570 INC., FOR A REPAIR GARAGE AT 7570 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that this is a reassignment of a special use permit, and the petitioner is 7570 Inc. She stated that the special use permit was reassigned as a result of the litigation of the Samir Awaijane case. She stated that as part of the settlement agreement the special use permit must be assigned to 7570 Inc. Mr. Greg Herrick, Assistant City Attorney, stated that Council's ordinance placing a moratorium on the issuance of special use FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 15 permits for auto body repair businesses is still in effect, as Council held the first reading this evening to repeal the ordinance. He stated that if the Council reapproved the special use permit and the moratorium ordinance is still on the books, he questioned if it would be enforceable. Councilman Billings stated that since there has been a settlement agreement he felt this �reapproval could be considered, and the worst case scenario would seem that Council may have to repeat the approval after the moratorium is lifted. MOTION by Councilman Billings to reapprove Special Use Permit, SP #89-08. Seconded by Mayor Nee. MOTION by Councilwoman Jorgenson to amend the motion for reapproval of Special Use Permit, SP #89-08 that it be issued to 7570 Inc., with the following stipulations and contingency: 1. The applicant must apply and be approved for a business license to operate a motor vehicle repair garage when the ordinance becomes effective. 2. All leaking fluids must be drained from vehicles parked on the premises. 3. Damaged vehicle storage area shall contain an environmental drainage system. 4. The special use permit shall not be transferable to a different ownership or control without approval of City 'Council. 5. Applicant must be eighteen years of age. 6. Applicant must maintain current payments to the City, County, or State of taxes, fees, fines, or penalties assessed against applicant or imposed upon applicant in relation to a motor vehicle repair garage. 7. Applicant must operate or manage the motor vehicle garage premises in a peaceful and law-abiding manner. 8. The applicant, parties of interest in the business, or employees shall not be convicted of any ordinance violations related to the operation of the business, including theft or crimes involving stolen property or consumer protection statutes. 9. The applicant shall permit representatives of the Police Department, Fire Department, and Community Development Department to inspect the premises for the purposes of ensuring compliance with the law and special use permit stipulations at any time it is occupied or open for business. FRIDL$Y CITY COIINCIL MEETING OF NOVEMBER 18, 1991 PAGE 16 10. The applicant must pass or correct any deficiency within thirty days of applicable government agency inspections such as fire, building codes, and law enforcement. 11. The applicant shall provide and maintain in full force and effect public liability insurance to indemnify any person against loss or injury in the sum of one hundred thousand dollars ($100,000.00) for injury or death to one person, three hundred thousand dollars ($300,000.00) for each accident or occurrence, and ten thousand dollars ($10,000.00) property damage, and shall contain a provision that no cancellation thereof shall become effective without thirty (30) days prior notice thereof in writing to the City Clerk. In addition, the applicant shall file with the City Clerk a public liability policy or certificate of insurance for each vehicle used in the business of its motor vehicle repair garage. 12. The applicant shall maintain, on the premises, original records which shall include all work orders, estimates, invoices, and names of all customers for whom motor vehicle repairs have been performed. As used in this section, the term "invoice" shall contain that information required in Minnesota Statutes Chapter 325F.56 to 325F.65. Such records shall be immediately available for inspection and copying by enforcement officials and shall be retained for at least two (2) years. A customer has a right to a copy of documents maintained by the motor vehicle repair garage reflecting any transaction to which he was a party. A. The applicant is required to identify the source of the parts used on repaired vehicles. . B. The applicant is required to keep a record of parts that are purchased and all purchased parts are to be paid by check rather than cash. C. The applicant is required to keep invoices and cancelled checks to establish the source of parts used on repaired vehicles. 13. The applicant shall not allow any automotive parts to be on the premises in which manufacturer's identification numbers have been removed or altered. Manufacturer's identification numbers include vehicle identification number (VTN); Federal motor vehicle safety certification label; and component labels. Manufacturer's identification numbers also include all references in the Federal Motor Vehicle Theft Law Enforcement Act of 1984 and the Federal Motor Vehicle Theft Prevention Standard codified as part of the code of Federal regulations. FRIDLBY CITY COUNCIL MBETING OF NOVEMBBR 18, 1991 PAG$ 17 14. Said permit shall be further conditioned on the stipulations of Special Use Permit, SP #89-08, as set forth in the June 6, 1991 Action Taken Notice, a copy of which is attached hereto as Exhibit A and made part hereof by reference. A copy of the August 3, 1989 letter of Darrel Clark referred to in paragraph 3 of Exhibit A is attached hereto as Exhibit B and made a part hereof by reference. Notwithstanding the foregoing, the parties agree that the completion date established in paragraphs 3, 4, and 5 of Exhibit A shall be extended to June 1, 1992, and the date of October, 1991 stated in paragraph 6 of Exhibit A shall be extended to July, 1992. Further, this re-approval is contingent upon the repeal of the moratorium on special use permits for auto body repair businesses. Saconded by Mayor Nee. MOTION by Councilman Billings to amend the above motion by separating the stipulations from the contingency relating to the moratorium. Councilman Billings stated that the action taken this evening is based on the settlement agreement, and it was the intent that Council would approve the special use permit so the applicant could open for business. He stated he wanted to make sure that Council is not taking any action contrary to the settlement agreement. Ms. Dacy stated that the settlement agreement states that the special use permit shall be conditioned on the second reading of an ordinance repealing the moratorium on the issuance of such permits adopted by the City on the 22nd day of July, 1991. Mayor Pro Tem Schneider then stated that the motion on separating the stipulations and contingency related to the moratorium would then be moot. UPON A VOICE VOTE TAKEN ON THE AMENDED MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. 19. APPROVAL OF LEASE AGREEMENT WITH ANOKA COUNTY COMMUNITY ACTION PROGRAM FOR THE PROPERTY LOCATED AT 7899 BROAD AVENUE N.E.: MOTION by Councilwoman Jorgenson to approve the lease agreement with Anoka County Community Action Program for the property located at 7899 Broad Avenue. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilwoman Jorgenson, Councilman Fitzpatrick, Councilman Billings and Mayor Pro Tem Schneider voted in favor of the motion. Mayor Nee abstained from voting on the motion. Mayor Pro Tem Schneider declared the motion carried by a 4 to 1 vote. FRIDL$Y CITY COIINCIL MEETING OF NOVEMBSR 18, 1991 PAGS 18 20. APPROVAL OF CHANGE ORDER NO. 2. SKYWOOD LANE WATER EXTENSION PROJECT NO. 220• MOTION by Councilwoman Jorgenson to authorize Change Order No. 2 to the Skywood Lane Water Extension Project No. 220 with Northdale Construction Company, Inc. in the amount of $4,719.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 21. RECEIVE BIDS AND AWARD CONTRACT FOR THE EMERGENCY REPAIR OF WELL NO. 5, PROJECT NO. 224: � Mr. Flora, Public Works Director, stated that four bids were received for the emergency repair of Well No. 5, and Mark Traut Wells, Inc. was the low bidder at $38,865.00. He stated that it is recommended the contract be awarded to Mark Traut Wells for this proj ect . MOTION by Councilman Fitzpatrick to receive the bids for the Emergency Repair of Well No. 5, Project No. 224: Company E. H. Renner 15688 Jarvis Elk River, MN 55330 Layne Minnesota 3147 California Minneapolis, MN 55418 Mark Traut Wells 151 - 72nd Avenue St. Cloud, MN 56301 Bid $51,163.00 $48,225.00 $38,865.00 Bergerson-Caswell $41,292.72 5155 Industrial Maple Plain, MN 55359 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 the Emergency Repair of Well No. 5, Project No. 224 to the low bidder, Mark Traut Wells, in the amount of $38,865.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COONCIL ME$TING OF NOVEMBER 18, 1991 PAG$ 19 22. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 23. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 40267 through 40411. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 24. LICENSES' MOTION by Councilman Billings 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 Councilman Fitzpatrick to approve the estimates as submitted: Halvorson Construction 4227 - 165th Avenue N.E. Anoka, MN 55304 1991 Miscellaneous Concrete Curb, Gutter and Sidewalk Project FINAL LSTIMATE . . . . . . . . . . . . . . . $ 1, 320. 46 Pitt-Des Moines, Inc. P. O. Box 1596 Des Moines, IA 50306 Construction of the 1.5 MG Elevated Water Reservoir Project No. 201 Estimate No. 8 . . . . . . . . . . . . . . . $48, 721. 00 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 11 . . . . . . . . . . . . . . . $15,017.00 FRIDL$Y CITY COIINCIL MEETING OF NOVEMBER 18. 1991 PAG$ 20 Northdale Construction Co., Inc. 14450 Northdale Boulevard Rogers, MN 55374 Skywood Lane Water Extension Project No. 220 Estimate No. 3 . . . . . . . . . . . . . . . $ 12, 425. 83 Maier Stewart & Associates 1959 Sloan Place St. Paul, MN 55i1? Clover Pond Diversion/52nd Avenue Floodway Project No. 222 Partial Estimate . . . . . . . . . . . . $ 997.26 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Mayor Nee. 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 November 18, 1991 adjourned at 9:31 p.m. Respectfully submitted, Caroie Haddad Secretary to the City Council Approved: Dennis L. Schneider Mayor Pro Tem EXHIBIT A ' j�-, C�TYOF � FRlDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSI.TY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Samir Awaij ane SGyo iiughes i�veuue iv.�. Fridley, MN 55421 Dear Mr. Awaijane: June 6, 1991 On June 3, 1991, the Fridley City Council officially approved your request to re-issue special use permit, SP �89-08, to permit an auto body repair shop at 7570 Highway 65 N.E. The City Council approved the special use permit subject to the following six stipulations: 1. The special use permit shall be limited to Samir Awaijane, and is not transferrable to another tenant without City Council approval. 2. The special use permit shall be reviewed on an annual basis by staff with a report to the City Council. Should a hearing by the City Council be necessary due to lack of compliance by the petitioner, the item shall be scheduled for City Council consideration as soon as possible. 3. The building code improvements outlined in Darrel Clark's letter of August 30, 1989 shall be completed for the building a^-...}. .t..:i2 � ^.�.i .^,.f t:i�c �i �L^.J.^.-.i .}.1 .,�. j7 ..T�Iil ? ✓ , �oo� �n�i f�aY' thg remaining building by September 1, 1991. 4. The storage area for the auto body outdoor storage must be screened in compliance with the petitioner's submitted site plan which includes an eight foot wood fence enclosing the storage area. The surface of the storage area for the wrecked vehicles shall be constructed, as recommended by staff, either bituminous surface or gravel surface with or without impervious liner. The storage area screening shall be completed by August l, 1991. 18C Samir Awaijane June 6, 1991 Page 2 5. The parking lot shall be hardsurfaced, striped, lined with concrete curb, and landscaping installed as per the staff recommended plan by Septeiaber 1, 1991, unless the City Council, via a variance request, approves an alternate plan. 6. The staff's review and report to the City Council _ shall be scheduled on the first regularly scheduled Council-�meeting of October, 1991 for compliance with the above stipulations. I have already forwarded to you an Appeals Commission variance application and the schedule for the Appeals Commission and City Council action. If you have any questions regarding the above action, please call the Planning Department at 571-3450. S' cer , arbara Dacy Community Developme t irector BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 19, 1991. : � . � ,, Concur ith a i aken �� _ EXHIBIT B � _ CITYOF FRiDLEY FRIDLEY MUN(CIPAI CENTER •(}i31 UNIVERSITY AV£, N.E FRtDLEY, MN SS�i33 •(612! 571-3450 • FAX (613! 571-t387 Augu.��-t 30, 1989 ?570 Inc. ' 7570 Hic�'n�ray �65 N.E. FYidley, 1� 55432 Re: Oocie Deficiencies at 7570 Hic�hway �65 N.E., FYidley Dear Sirs: An in,cpec�tic� cai June 29, 1989, of the above noted buildinq. by Uarrel Claz'k, Chief Building Official�� and Bob Clauson, Elec.�trical. Inspector, fau�d the followirg deficiencies: RO�L90Q�T DOOIt �11NY . �,; � dir�q Inspect�or l. Regair power verYt in bathrvan. 2. Prwide Code van�lyit�g stair ar�d �,ar�,a; � to a�ci alor�g mezzanine level. Electrical In��.-tor 1. R�nave extension oord wirityg. 2. Reoe�tacle to be located above st�q� lights with grau�ded wrds to fixtures. 3. Aooess z�aquired to servioe panel. 4. Electrical work to be oa�leted by a lio�stsed electrical voaltractor. ffi�DY' 8 T. V. t�,i 1 dirx;� Ii'LS�ector 1. Repais' Pow�er vertt =n bathrocm. 2. PL�OVide harrira i 1 c Ci'1 St831' aItd 3I1Sta11 42 lIIC'�1 9UdYdY331 Wlth 12 3111c�1 S�dClIXJ OC1 i'd115 O[! flQP1i S3C12 Of II1BZZ3I11I1e. EZBCCL'j.G3i ?J1a�OY' l. Wirir�q to unit heater to be cau�ec�ted to mator properly. 2. �dded rio�rm�etalic cable wiring to be inst.alled to Oode bY a lio�iLSed electrical oontractor. 3. Racave extensian conLs to st�op fixtur�s. Install reoentacles ai�ov�e fixtures with grairrl�ed oords to fixtures. 4. A�ooess required to sexvioe panel. 18E . .� � . 7570 IflC. �: 7570 Hic��Y �65 N.E. August 30, 1989 � i � �� .;•-�i =� i:�: u Page 2 Bui1d3.L�q I�r�ector l. Reoomec.'t ia�it heater v+ent. a 42 ir�ch guanizail 2. Prwide a oode oaq�lyir�q stair t+o mezzanir�e ar�d also p�wide on tiye c�en side of inezzanine. . v• : v 1�P��icie Oode oa�lYin4 stai�C' a� 9��1 to ani alac�q mezzanittie: � - 2. Cel►tral boiler must be �nspecteci atxi anY neo�saxy mair�t��atx�e ani z�epaizs n�u<'t be aaci�. ...� • . � . �•�- •��•� •� �'d� �r can �at ooc�ir cn tl�e tu�d�rside 1. Area und�er stair must be closed oif�so ti�at storaqe of stair or ar+ea aust be covered with 5/8 itrh fire c�oci�e gyps�aa boatTi. . � . -� .• �. ::;�� a � i 1 ci�,n4 I,nspe�tror � 1. Pr�ovide pow�er verit in restroam• 2. Provide praper stair arxi � an mezzanine. 3. Disoontinue storage urxier stair or oover bottam of stair with 5/8 it�ch fire coc,ie 9YPs�a board• � Electrica2 Inspect�or es ar�d appmved oord cr�zu�ectors at 1. Shop li�ts need three wire cords with r�eoe�tacl fixt�u�es. 2. Fill tan�.sed spaoes in panel. 3. Z2u�+ee feet of cleara�oe z�equired in front. of seYVioe paryel - myve oa�ressor. 4. Remove norm�eta2ic cabel wirirtig. 5. Pmperly install vo�ui.t with ap�prwed booc s�orts ar�d straP�J• 6. Rewire make-�� aiT unit tA Oaie. 7. Elect�cical w�ork t�o be vomQleted by a lioensed electrica2 c�orrtz•acfi�or. A1so, a000rd ing to correspocri�.noe in aur files, t%.re d�oes eaci��t a buried tank located betw�aPn the twc buildings. This tank m�.��-t be r�vved arxi a peYmit for the x+eoaNal is raquired. Zl1e p�a�it is thrax� cur Fire D�. F�ticic�eci is a sketd� st�►irxJ t2ye a�pxnoda�ate locatian of ti�e tai�lc. Please feel fr+ee to aoa�tact me at 572-3602 conoernin� anY 9�� Y'� ��t have an the above not,ed its�. . .- - .....-i (,��' � � • '/' �I �i ' • - • • � � n�c.: i vC: 1�. Bob clausan 18F r � � I DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley November 27, 1991 William Burns, City Manager�� Barbara Dacy, Community Development Director Second Reading of an Ordinance to Repeal the Moratorium on Issuance of Special Use Permits - Attached for second and final reading is �he ordinance repealing the moratorium on issuance of special use penaits for repair garages. The ordinance was passed for first reading on November 18, 1991. Approval of second and final reading of the ordinance is recommended. BD/dn M-91-860 9 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 974 The Council of the City of Fridley does hereby ordain as follows: Ordinance No. 974 entitled "An Interim Ordinance Plaaing a Moratorium on the Issuance of Special Use Permits for Auto Body Repair Businesses and Prohibiting Their Location Within the City While the Moratorium is in Effect," enacted on June 22, 1991, is hereby repealed. 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 First Reading: November 18, 1991 Second Reading: Publication: 1A FiNANCE DEPARTMENT � � r�'r.i�r . � MEMORANDUM TOt WILLIAM W. BIIRNB, CITY MANA(38R ,G�`" ' � FROMs. RICSARD,D. PRIBYL� FINANCE DIRECTOR SIIHJLCT: INTO%ICATING LIQIIOR OFF-SALE - HOIIRS OF OPERATION CHANGES AMI:NDING CTTY CODE SECTION 601.06 DATE: Navember 26, 1991 Attached you will find a suggested change to the City Code removing July 4th from the restrictions of holidays for municipal liquor operations. The first reading of this proposed change was at the Council Meeting of November 18, 1991. Second reading of proposed change is scheduled for Council Meeting of December 2, 1991. RDP/me Attachment � ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE� CHAPTER 601� ENTITLED "MONICIPAL OPERATION OF LIQOOR� �� SECTION 601. 0 6� HOLIDAYB The Council of the city of Fridley does ordain as follows: 602.08. CONDITIONS OF LICENSE 5. HOLIDAYS No "off-sale" shall be made on New Years Day, January 1; Thanksgiving Day, or Christmas Day, December 25, but on the evening preceding such days, if the sale of liquor is not other wise prohibiterd on such evenings, "off-sales" may be made until 10:00 p.m. except that no "off-sale shall be made on December 24 after 8:00 p.m. 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 First Reading: November 18, 1991 Second Reading: Publish: � FINANCE DEPARTMENT t �r � MEMORANDUM TOs WILLIAM W. BIIRNB, CITY MANAGER,�J,,��,� Old FROM: RICHARD D. PRIBYL, FINANCB DIRl:CTOR SIIBJECT: BEER I,ICENSING - HOIIRS OF OPERATION CHANGES AMENDING CITY CODE SECTION 602.09.01 DATE: November 26, 1991 Attached you will find a suggested change to be made in the hours of operation section of the City Code relating to "Beer Licensing°. The first reading of this proposed change was at the Council Meeting of November 18, 1991. Second reading of proposed change is scheduled for Council Meeting of December 2, 1991. RDP/me Attachment 3 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 602, ENTITLED ^'BEER LICENSING°, BY AMENDING 602.09.01 HOURS The City Council of the City of FridTey does hereby ordain as follows: 60?.09. HOURS 1. Closing Hours, No sale of beer or nonintoxicating malt liquor may be made between 1:00 a.m. and 8:00 a.m. oa the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. No sale may be made on Christmas Day� December 25; or after 8;00 p.m. on Christmas Eve, December 24. (Ref. 501. 550, 602, 647, 783, 93�) 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: November 18, 1991 Second Reading: Publication: 3A WILLIAM J. NEE - MAYOR FINANCE DEPARTMENT � �.t�ar . � MEMORANDUM TO: WILLIAM W. BIIRNB� CITY MANAGE��' C' FROM:_ RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECTs INTOBIGATING I.IQIIOR - HOIIRS OF OPERATION CHAN6E8 AMENDING CITY CODE SECTION 603.11.01 DATE: November 26, 1991 Attached you will find a suggested change to be made in the hours of operation section of the City Code relating to "Intoxicating Liquor". The first reading of this proposed change was at the Council Meeting of November 18, 1991. Second reading of proposed change is scheduled for Council Meeting of December 2, 1991. 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. No sale of intoxicating liquor for consumption on the licensed premises may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 10:00 s.m. on Sunday. No sale may be made on Christmas Day, December 25; or after 8:00 p.m. on Christmas Eve, December 24. (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: November 18, 1991 Second Reading: Publication: / � WILLIAM J. NEE - MAYOR FINANCE DEPARTMENT _ � �r MEMORANDUM TO: WILLIAM W. BIIRNB, CITY MANAGER,f�� n �FROMS RICHARD D. PRIBYL, FINANCB DIRECTOR SIIBJECT: LIQIIOR ON-SALE CLIIBS - HOIIRS OF OPERATION CHANGEB AMI:NDING CITY CODB SECTION 606.11.01 � DAT$: November 26, 1991 Attached you will find a suggested change to be made in the hours of operation section of the City Code relating to "Intoxication Liquor On-Sale Clubs". The first reading of this proposed change was at the Council Meeting of November 18, 1991. Second reading of proposed change is scheduled for Council Meeting of December 2, 1991. RDP/me Attachment 5 ORDINANCE N0. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 606, ENTITLED ^INTORICATING LIQUOR ON-SALE CLIIBS" BY AMENDING 606.11.01, HOURS OF OPERATION The City Council of the City of Fridley does hereby ordain as follows: 606.11. HOURS OF OPERATION 1. No sale of intoxicating liquor for consumpt�on on the licensed premises may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 10:00 a.m. on Sunday. No sale may be made on Christmas Day� December 25; or after 8:00 p.�n, on Christmas Eve, December 24.. (Ref. 935) 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 con�wnption by any persons, including the licensees and their employees, after 1:30 a.m. (Ref. 809) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FR.IDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: November 18, 1991 Second Reading: Publication: 5A WILLIAM J. NEE - MAYOR Engineen�g Sewer Water ��Parks Streets 'Malntenance MEMORANDUM TO: William W. Burns, City ManagerJ�.;� PW91-339 f�v FROM: DATE: SUBJECT: John G. Flora,�Public Works Director C�/yClyde V. Moravetz, Cable Coordinator November 8, 1991 Proposed 1992 Agreement Between City of Fridley and the Fridley Communications Workshop (ETC) The City Council authorized $35,000 be given to the Public Access Workshop for-the year 1991. At the budget workshop of June 24, 1991, the Council authorized an increase in 1992 of 5 percent or $1,750. The attached proposed agreement executed by the ETC Fridley Communications Workshop incorporates the 5 percent increase ($36,750). Other than the dollar amount and name change, the proposed agreement is worded the same as the 1991 agreement presently in force. As in the past, the City franchise fee payments, the budget year 1992. would pay, upon receipt of the quarterly four (4) equal payments of $9,187.50 for Reguest the City Council authorize and execute the agreement as presented. CVM:ch Attach. � / � fWDL�.Y �(�li:=; i11�1'F?H(IIHiIi (Ili_'pN�F! iyfll� k111H('1�� ll�l�lj �rilr: I�ij`y I�r ��`r��r� �� rl'.r' ��{IQ C�Nt�VHH(1 the t:it�o ot Fridl�r,�, a 1�1�nne::ata mumc�pal corpQrat�on, in #he c::vunt�. af �,naka, ;.tst�: oT M�nnPS4t8, nere�nafter referred to as "th6 Ctty�•, and ETC Fridlev Commumcat�ons 4var�:shop, Ir�cc�rGoratrd. a non-prof�t corporatian �n the CountY of �+noka. State of Minnesota, witnesseth: F�r and m consideration or" the prom�ses. covenants. terms and provis�ons here�n cantained. the oarties hereto mutually agree as;follrnvs� �.��erir_�f of ag��Fe�r�ent, This aqreement rc�r $ 12 man#h period, shall t�e effective,.lanuarY 1, 1�� through �e.cember 31, 1992, unless otherw�se termtnated by either partv� with 9c� davs wr�rten nat�ce. upon terminat�on of the agreement, all uncomm�ttea portions of the grant shail b� returned to the Citv. F�nal determination or arnr such uncommttted amount st�all be as determined end aqreed upon by the GitY Menacler and ETC Fridlelr Communications 1Morkshop, I nc. 2. Responsibilities of ETC Fridley Communications Workshop, Inc. fTC agrees to provide, on behalf af the Gity, �rvic�s to Fridtey restdents as follaws a. To sducate members ot the public to the poteni�al uses of v�deo commumcat�ons in the comrr�unitv. b. To provide trainino and technical assistance that will promote citizen u� of available c.�ble casting f�ilitie�s as a non-c�mm�rical m�ans of communicatian�. c. ia �rve as a r�aurce center for infarm�#ian, materiais and �uipment relating t� the use of �rici�ci � 3 communtcation m�fium. d. Ta serv� as a rece�vtng, hc�ldinq and disbursing entity far momes intenc�d ta promote r�or�- commerical citi�ens use of the channel. ? Tu prn��ide at the re.que:�t af the Citv, assistance tc� Gitv staff in the �ragrarnminr� of 1ts ��aer�nment acc�ss channel , at nn additic►nal cost. 7. ETc; Fridle�� fi.�mmuntt�ti�ns Workshop, Inc. further agrees to ke.ep and maintain a quaiifi�d ::t,�ft c►f personnel, both pa�d and volunteer, necessary to perform the servaces here�n set forth. 4, Far th� periad of this aqreement the CitU wtll qrant to ETC Fridley Communicatians Wc�rkshop, Inc. �3c�.7SU from the c�ble iranchise fee irom the current cable companv to the !'1t=Y�. � i1d amaunt shall �be payable up�n re.c�ipt by the G1ty af the qu�rterly fr�nchi� fe� P�;'nient fram th� r�l�le company, �. ETt; Fr�idl�! i;�mmun�cations tNork;Sho�, Inc. shall keep accurate and c.�mplete rec.urds uf i�nanc�al transact�ons and shali prov�de to the C�ty, an a quarterly bas�s Aprii t, 1992, July 1,. 19��. O��tober 1, 199�, and February 1, 1993, a complete written financial report of its operations durinq the periad of this aqreement. Said r�ords shall inclu� an accountinq svstem ma�nta�ned in a aenerally accepted manner, including, if applicable, the filina of proper tax returns to Che Federal and State� Governments, such as pavroll tax re�turns or c.�rRc�rate incame tax returns. Said records shall be available for inspectlon by the C1ty Man�er, memhers of the C:nuncil , and Cabt� Commission Memb�rs during regular nuslr�ess hours. • � � �} fTG st�all pr ovi� tc� th� l:�ty a wrltt�n r��ort of 1ts c�p�ratic�n�l ��ttvlt��s, inttludin� wnat�ver aata w� 11 assist tne C�ty in evaluating the eff�tiveness of ETC �n the provis�on of the services hertn set forth. Said report will be provtded to the City wlthin stxty �ys after compietion of this agreement. ETC wili also provide interim progress reports of 1ts operational �ctivtties �pri l 1, �uly 1, C�tober 1, and February i. 7. ETC �hali ind�mnify, save and hald harmless the City and ail of its officers, agents and employees frvm any and all claims far losses, 1n�uries, dam�es and itabiiities to persans or property occasioned whoily or tn part by th� acts or omtsstans of ETC, its agents, afficers; _. em�loyees, member$, g�aests, Ratrans or any persvn or persons assvc�at�d with ETG for arry purRc�. �. Insur�n�. fTC Frtdley Communfcatians Workshop wtil provide praof of liability insurance, n�ming the City a�s an a�ition�l insured in an amount and form as approve�d by the C1tY Manaqer. g. EI'C �hali pravlde the Clty d�cumentatton that it has ohtair��d non-profit tax-exe�mpt status from the Federal tnternai Ravenue Servic;e and the State of Minnesota Department af Revenue- 10. i t is understood and agreed that no alteration ar var�ation of the terms of this agreement sh�ll be vaiid unless made in wrtting and signed by the parties hereto. 1 1 I n the eve�nt of a breach hy ETG af the terms or conditions nf the Agre.ement, the City shal l have, in a�dition to any other l�gal r�ourse, the right ta terminate thisAgreem�nt. fn witness whereof, the parties have causad the Agr�ment to be executed by their proper officers, thereunto duly authoriz�. ��rttne�s: �� . Willi�m W. Burns, �ity Manag9r� W�ll�am.1. Nee, rlayar ��,�z� il ET �hair er�on � ETf' r��.si�rpr TO: FROM: CITY OF FRIDLEY M E M O R A N D II M � WILLIAM W. BURNS, CITY MANAGER �� . RICHARD D. PRIBYL, FINANCS DIRECTOR 3UBJECT: MINN�SOTA LAWFUL GAMBLING PREMISE PBRMIT APPLICATION FOR THE SIiADDRICR LABEAII AMERICAN LEGION POST �303 DATE: NOVEMBER 15, 1991 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for the Shaddrick LaBeau American Legion Post #303, 7360 Central Avenue 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 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT TO THE SHADDRICR LABEAII AMERICAN LEGION POST �303 WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Shaddrick LaBeau American Leqion Post �303; and WHEREAS, the location of the Premise Permit is the Shaddrick LaBeau Araerican Legion Post #303, 7360 Central Avenue 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 Shaddrick LaBeau American Legion Post #303. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 7A WILLIAM J. NEE - MAYOR LG214 :::., E ' . vrlaro�) . , Hinn�esota Lau�tt Gcimbliny Premises Peraiit Application - Part 1 of 2 � j FOR BOARD USE OIVIY BASE � PP � FEE CHECK �vma.s oA� - - - --.�—� ��v+w� rwr�ss� apw��. Papp�Ml{18l�� f�09S. biflQO Premises pennit number B(5250) PuNabs. 6pboards. padde�eels. raMes Ne'" � "j ,.. � " ❑ C (i200) 8inpo onlY � , � � :. ,� c : : , „ � � ;� �,,,� . , : • ❑ D (Z150) RafOes oniy E-�-; �_ ; . �r � � ,:: . F?, . y .5. � ' .. .: � � �. . " ��. A�qIAMIPA^.Mh�C""""'aoaeainewyrvi � ' � . .... . .. 1 - . . —�..6v vv�.aoavaaa : ; � s � , r;� , –. . : . . . -.^ . � - �` sE,-. - . . , : ff applying for a class A or C pemiit� 811 in, days and b�g gt �� hours of bingo oocasi�ons ; Da No more than stvm bingo oocasions a�ay be conduded by ynur o�ani --� Pa week, ;..;, .��, :: Y lug Hours :`� x DaY Be6inMng/Ending Hour� , DaY Begicu�ing /E�1ng' Hours 't ,� � � :: ,�: , —�_ � ' . .'.___.��, a� ,�, x �.+� it �' , ;. � , d = <, CD,�� K ` . � : - � 3� 4 T� F �. F s �y.:. , . . „ . �--:___ �¢ �„ If bia�o wi11 not be condnctad. chccic here Q �' :�' � �a�=� , ,: , ,.:: _ ; £'�AT}^6 Sli.R�RA�GFR�RPAAA40[AGW�AK0,�00 -."�. ."�"_' _ .. . . - . , . � .. . � . - . Is the premises located withio ��nd � I u�ty where gambl f owner S r -, -� av,.� • ( Yes C� No : if no, is bwnsh� � organized � unorganized Q uninoorporated �s ie bca`ed OR Township and County where gambGng premises is bca0ed if outside of city imits ,a � � ��Y State Zip Code voes yo� orgarNZaoon orm the bu�din� where 1he pamWing wWi be oorx�ed? YES p NO If no, auach the baov�inp: • . ,, _ . , � -; , „ ..: . _ ' ' a copy � the tease� (fomi LG202�'with terms br at least one year. . '' :' : �� ' a oopy of a sketch of the Aaor plan with dimensions, showin� what pordon �s be� I�,sed, , .. '.`' ; A lesse and sketch are �ot requlred tor Class D a�ppfica6ons. . . �� - - z�s> _ . .-. 78�� i h N� � _ J � t� �� .:� � � � i � 4 '. . .. 4 _:L , � :. ��i i !�"��o' ��S+F �� . ` y pr :.�Y '�� i � �.��; � .' '� t ��.i � ��'� � a ' { �': ; '�' :. � � � � : : i•�.t . � z .. . _ . .. . - .. . y: �� .� . ;.� �, .: . � M 'F s ,� r'. h 1�Kinnesota Lawfut Gambling Premise Permit Application - Part 2 of 2 � .xauavaaaag auc asusuvnzauvn , . •I am ihe chief executive offioer of the organization; I hereby oon,sent that bcad faw anfaroome�t oft'ioer.t� tha . .� �� p responsibiGty fcr tfie fair and lawful opera- board or ageMs of the board. or tho.00mmissioner of tion � ali adiv�ies to ba oonduded; . revenue or pubib safery� or ageMs of the oommissio�ers, .� y� famUia�ize myseN with the laws of Minnesota may ente� the premises to enforcrco the law. . �m� �� 9�� . � the board and Bank Records Informatioa � ag�� to abide by those laws and rules, The board is auttwrized to insped the ba�c records � the ��m�� ; gambling acoou� whe�eyer nscessary to fu�iq .�Y ��9os ��ication i�wmation wifl be submitted requireme�ts of cuReM gambl'u�g �ules a� law. � �� und of govemmeM wlthin 10 days Oath • of the change; a�d 1 dedare that: = •I understand that failure to provide �equired information •t have read this appiication and all k�fonnation submkted ��b�� f�s � misleading inioartatior� may result i� to the boaud is true� axurate and oompiete; ._ . .; the de�ial or revocation oi the license. •a8 othe� required informatbn has boen fupy �sdosed: ;;- �'_ . Signature of chief executive officer .x ,.; ,,. �ate . �.+< - - ;. � . 1. The dt •must.si n thi� 4. -A coov of the local unit of qovernmenCs rec�l �ion ao- y g applicatbn if the gambiing prem- :' attached to this acx>IicaCion. ises � located within dty limits � :' ,... � 5. Iflhis tion is dsnied ihs local unh of 2. The couMy "AND tow�ship" must stga this application � �a bY governmenl, the gambling premises is located within a township. d�O� �Ot be submitted to the Gambfing Conuol Board. 3. The local unii government (city w county) must pass a Township: By signature below, the township adcnowiedges resolution spec:if'�cally approving or denying this appl'ication. �� e o�9anizatan is appiying for a premises pe�mit within . - township limits. r.�tV� Oi COU11tV�`+ Tnwnchfn*� � �gnaare appN tioo : _ _ , . ✓ • 1F Gc- � �cz�� Title . � D�e Reoeived : , C-�-� L�'� , ` :�/:�;�� _�r : Reter eo the insn„dio�s tor rec�,ired attadxnents. Mail eo: Gamblin� Control8oa�d Ros�wood Pl�sa South, �d Floor 1711 W. Counry Road 8 Roaw11N,1AN 55115 7C Townsh� Name Signahxe of persw� reoeiving s�pptication 17de Da�e Receiv�ed ; . � �. . e � . •. Lt321�(Patt 2� � (aw72�Yry CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 13, 1991 N�YMwrMtiNMNti /Y�YNMArNw�NNMMMN�V MMMNNtitiMNMMMArN�Nw�wwrtiMMMNNwnIYrNMMr.YMtiNw�AMM�N CALL TO ORDER• Chairperson Betzold called the November 12, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Sue Sherek, Diane Savage, Brad Sielaff Members Absent: Dave Kondrick, Dean Saba, Connie Modig Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant. Councilmember Steve Billings Morton Rischall, United Stores Mark Rasmusson, McGlynn Bakeries James Naughton, Larsen's Mfg. Co., 7421 Commerce Lane � Helen Brooks, Towle Real Estate Chris Wallace APPROVAL OF OCTOBER 16. 1991, PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Ms. Savage, to approve the October 16, 1991, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTINC AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. . 1. PUBLIC.HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-12. BY UNITED STORES: Per Section 205.15.01.C.(8) of the Fridley City Code, to allow unscreened exterior storage of materials and equipment, on Lot 3, Block 1, Target Addition, generally located at 785 - 53rd Avenue N.E. MOTION by Mr. Sielaff, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND"'THE BIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated this property is located directly east of the Target Store and south of the I-694 exit ramp to Highway 65. The � PLANNING COMMISSION MEETING, NOVEMBER 13. 1991 PAGE 3 Mr. Rischall stated there are some lights in back, but they do not plan to change the lighting. Ms. Savage asked if the barbed wire is going to be adequate for security purposes. Mr. Rischall stated he did not know if that will be adequate security or not. The canoes will also be on racks and will be chained and bolted to the racks. - MOTION by Ms. Sherek, seconded by Mr. Sielaff, to close the public hearing. , IIPON A VOICE VOTE, ALL VQTING AYE, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE POBLIC HEARING CLOSED AT 7:40 P.M. Ms. Sherek stated she did not see any reason not to approve this special use permit request. A few years ago United Stores was allowed an expansion of the building in this location, and United Stores has complied with all the stipulations attached to that building expansion. MOTION by Ms. Sherek, seconded by Ms. Savage, to recommend to City Council approval of special use permit, SP #91-12, by United Stores, per Section 205.15.01.C.(8) of the Fridley City Code, to allow unscreened storage of materials and equipment on Lot 3, Block 1, Target Addition, generally located at 785 - 53rd Avenue N.E., with the following stipulations: 1. The height of the fence, including the rows of barbed wire, shall not exceed 8 feet in height. 2. If a retaining wall is required, retaining wall plans shall be submitted to the Engineering Department for review and approval prior to the construction of the fence. The height of the fence shall be measured from the ground level, not from the top of the retaining wall, not to exceed 8 feet. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on December 2, 1991. 2. PUBLIC HEARING: CONBIDERATION OF�A SPECIAL USE PERMIT, SP #91-13, BY MCGLYNN BAKERIES, INC.: Per Section 205.18.O1.C.(3) of the Fridley City Code, to allow commercial retail within an industrial building, with the use occupying no more than 5,000 square feet, on: • . PLANNINQ COMMISSION MEETING, NOVEMBER 13, 1991 PAGE 4 That part of Lot 4, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described line: Beginning at a point on the north line of said Lot 4, distant 15.00 feet east of the northwest corner of said Lot 4; thence southerly parallel with the west line of said Lot 4, to the south line of said Lot 4 and there terminating, and the south 54.70 feet of Lot 3, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described li�ne: Beginning at a point on the north line of said Lot 3, distant 205.00 feet east of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3, distant 125.00 feet east of the southwest corner of said Lot 3 and there terminating. Containing 461,636 square feet or 10.5977 acres. 3. CONSIDERATION OF A LOT SPLIT, L.S. #91-03, BY MCGLYNN BAKERIES, INC.• To split the �below-referenced property into two separate parcels: Parcel A That part of Lot 3, Block 4, Commerce Pa'rk, according to the recorded plat thereof, Anoka Cour►ty, Minnesota, lying North of the South 54.70 feet of said Lot 3 and East of the following described line: Beginning at a point on the north line of said Lot 3, distant 205.00 feet east of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3, distant 125.00 feet east of the southwest corner of said Lot 3 and there terminating. Containing 274,449 square feet or 6.3�05 acres more or less. Parcel B That part of Lot 4, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described line: Beginning at a point on the north line of said Lot 4, distant 15.00 feet east of the northwest corner of said Lot 4; thence southerly parallel with the west line of said Lot 4, to the south line of said Lot 4 and there terminating �• PLANNING COMMISSION MEETING, NOVEMBER 13, 1991 PAGE 5 And the south 54.70 feet of Lot 3, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described line: Beginning at a point on the north line of said Lot 3, distant 205.00 feet ea�st of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3, distant 125.00 feet east of the southwest corner of said Lot 3 and there terminating. - Containing 461,636 square feet or 10.5977 acres. This property is the former Pillsbury Frozen Food Processing Plant, addressed as 7350 Commerce Lane N.E. MOTION by Ms. Savage, seconded by Ms. Sherek, to waive the reading of the public hearing notices and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THB PQBLZC iiEARING OPEN AT 7:43 P.M. Ms.. McPherson stated the property is zoned M-2, Heavy Industrial. There is additional M-2 zoning to the north and south, and M-1, Light Tndustrial zoning, to the east. Special Use Permit Request Ms. McPherson stated the first request is a special use permit to allow a commercial retail use in an industrial building. This is for a portion of the -old Pillsbury Frozen Food Processing plant. Ms. McPherson stated Sections 205.18.O1.C.2 and 205.18.02.C.3 of the Zoning Code allow commercial retail and service uses in heavy industrial districts. Section 205.18.O1.C.2 limits the size of the tenant stall to 20� of the total floor area, not to exceed 3,000 sq. ft., and Section 205.18.O1.C.3 allows up to 300 of the total floor area, not to exceed 5,000 sq. ft. Ms. McPherson stated that in reviewing the ordinance change to ailow these types of uses in the industrial districts, the intent of the Code is to allow the first tenant to be a"limited draw" tenant, a tenant that would only draw customers from the tenant base in a multi-tenant industrial building. The second part of the Code to allow a larger tenant is for a tenant who draws customers from the surrounding public. The intent of the regulations appear to be for muiti-tenant buildings, but the Code does not specifically state which type of building in which these types of uses would be permitted. Staff has interpreted the Code to require a special use permit for the larger tenant area of either 30% of the total floor area, or a maximum of 5,000 sq. ft. . , PLANNING COMMISSION MEETING. NOVEMBSR 13, 1991 PAG$ 6 Ms. McPherson stated that under this particular Code section, there are six standards which must be met prior to the issuance of a special use permit: 1. Section 205.18.01.C.3.a limits the maximum floor area to 30� of the total floor area of the building or 5,000 sq. ft. The proposed tenant space for the bakery outlet is between 3,0�0 and 5,000 sq. ft. which is within the maximum allowed by Code. 2. Section 205.18.01.C.3.b requires that the parking supply shall be in eompliance with the requirement of Zoning Code and sufficient to support the full occupancy of the building. Currently, there are approximately 22o striped spaces located on the property. The required number of spaces based on the manufacturing/office/retail/warehouse ratios outlined in the Code is 239 spaces, The maximum number of employees on any given shift would be 120. Therefore, there is adequate parking on site for both employees and customers. McGlynn also staggers the shift starting times in order to reduce the parking demand on the site. Further, there is sufficient area on site to expand parking areas if needed, and with the lot split more area is provided. 3. Section 205.18.O1.C.3.c requires that only wall mounted signs subject to the limitations of Section 214 of the City Code shall be permitted. Located on the building is a wall sign which states "Pillsbury". The petitioner will be.replacing this with the word "McGlynn". In addition, the property would be entitled to an 80 square foot free-�standing pylon sign. If the petitioner choose to advertise the bakery outlet on the pylon sign, they would be exercising a protected right. The intent of this Code requirement is to eliminate multiple pylon signs on a lot occupied by a multi-tenant building. 4. Section 205.18.01.C.3.d states that the proposed use shall only be permitted when it can be demonstrated that the operation will not generate levels of traffic which reduce "the existing level of service" as defined by the Institute of Traffic Engineers on streets at intersections. Commerce Lane was reconstructed in 1989 to the City's industrial standards. The street was widened to provide adequate room for industrial trucks and to handle increased levels of traffic. The site has adequate parking for both employees and customers and the street has been designed and constructed to handle increased amounts of traffic. 5. Section 205.18.O1.C.3.e states that the proposed use, in the opinion of the City Council, shall be compatible with � PLANNING COMMISSION MEETINQ, NOVEMBER 13. 1991 PAGE 7 the area in which it is proposed to be located. The retail use is clearly secondary to the primary use of the facility which is manufacturing and processing uses. Section 205.18.O1.B.1 of the Zoning Code allows the retail sales or service of products, manufaetured or warehoused, as a permitted accessory use. Because the petitioner intends to sell products both manufactured at this plant and at other McGlynn plants and intends to se11 products not manufactured by McGlynn, staff has required that the petitioner apply for the special use permit. 6. Section 205.18.O1.C.3.f states that the building owner and/or agent shall be responsible for informing any perspective tenant that the property is �oned for industrial use. The petitioner is well aware that the property is zoned in.dustrial and that the retail outlet is an accessory to the processing function of the facility. Ms . McPherson stated that as the petitioner can meet the conditions. outlined in the code for issuance of a special use permit, staff recommends that the Planning Commission recommend approval of the special use permit request to allow commercial retail use in an industrial district. Lot Split Request Ms. McPherson stated the second request is to split a portion of Lot 3, Block 4, Commerce Park, and combine it with Lot 4, Block 4, Commerce Park. Lot 3 is the vacant parcel located north of the processing facility. Approximately 54.73 feet of Lot 3 is proposed to be split and combined with Lot 4. This will add approximately one additional acre to the processing plant parcel and will allow McGlynn adequate room for future expansion. Ms. McPherson area located nonconforming between the nonconforming executed. stated the new lot line will cross the trua� parking north of the processing facility and will create a situation with this parking area. An agreement property owners outlining how and when the parking area will be corrected will need to be Ms. McPherson stated a 50 ioot drainage and utility easement is located along the existing lot �line between Lots 3 and 4. A portion of this easement may need to be vacated to accomplish the petitioner's expansion plans. The City has access to a drainage pond located northwest of Lot 4 A over the existing parking areas. Once the building expansion has been completed and the parking and driving areas have been relocated, the City will need to have continued access to the drainage pond. This can be accomplished by amending the current access easement and can be done at the time � PLANNING COMMISSION MEETING, NOVEMBER 13, 1991 FAGE 8 of the vacation request. The new building expansion will not be able to encroach closer than 60 feet from the lot line as required by the building code. . Ms. McPherson stated the lot split does not adversely impact lot area, lot width, or setback requirements. Ms. McPherson stated staff is recommending that the Planning Commission recommend to the City Council approval of the lot split, L.S. #91-03, by McGlynn Bakeries, with the following stipulations: 1. An agreement between the property owners outlining how and when the nonconforming parking area shall be corrected shall be executed prior to filing the lot split. 2. The parcels shall be combined for tax purposes in separate school districts. Mr. Mark Rasmusson, Vice President of Marketing and Strategic Planning for McGlynn Bakeries, stated they are very excited about coming to Fridley. It is a tremendous opportunity for McGlynn Bakeries to be a part of the Fridley community, and they want to be a good corporate citizen. He complimented the Planning Commission, the City Council, and the HRA for their professionalism, and for the professional status of City staf.f, Barbara Dacy and Bill Burns, who have been very helpful to McG7ynn staff in going through this process. Mr. Rasmusson stated they hope to finish the purchase a+greement in December or early January 1992. The special use permit and lot split requests are part of their diligence in the removal of contingencies in that purchase agreement: If the Commission members have any questions following this meeting or in the future, he hoped they would contact him at McGlynn Bakeries as either a member of the Commission or as an individual citizen. � Mr. Betzold asked Mr. Rasmusson to describe the retail outlet store. Mr. Rasmusson stated this is not a restaurant. He stated they have an outlet store in Eden Prairie and satellite outlet stores in Wayzata and Bloomington. About half of the products sol.d are just fresh product. Probably about 250 of the product is 1-2 day old product brought in from larger stores (Target, Rainbow). About 25� of the product is production overrun which primarily comes from two sources--a retail bakery that supplies about half of what they sell in stores in the Twin Cities, and a large nationai frozen bakery goods business. Mr. Rasmusson stated the additional types of items that they sell in their current outlet store are milk by the glass, pop by the � PLANNING COMMI88ION MEETING, NOVEMBER 13, 1991 PAGE 9 glass, fresh fruit, that type of thing, but they have been limited by space. They plan on expanding the Eden Prairie outlet store and this outlet store so they can sell other produets that have been reguested by their customers. For instance, they will probably have a refrigerator case for milk and pop. It is not their intention to make it a supermarket or convenience store, but will sell items that tie directly to the bakery products they sell or what people request. Mr. Rasmusson stated they have spent considerable time studying the parking situation, and they do not foresee any parking problem in the foreseeable future. That is why they included the additional one acre so they would have space for additional parking in the future. Ms. Savage suggested Mr. Rasmusson check with the Rice Creek Watershed District to see if there is any need for a permit. Ms. Dacy stated Pillsbury, McGlynn, and the City sta€f are aware of the stormwater situation. During heavy rains, portions of the parking lot on site will flood. In cooperation with Pillsbury and McGlynn, the City is evaluating alternative ways of improving the drainage situation in that particular area, and staff will be consulting with •the Rice Creek Watershed District. Mr. Jim Naughton, Larsen's Manufacturing, 7421 Commerce Lane, stated he agreed there is a terrible drainage problem in this area, because their parking lot also floods during heavy rains. He stated his main concern is the traffic. It is almost impossible for the traffic from these businesses to get onto Osborne Road from Commerce Lane on almost any day. There should be a stoplight at either 73rd/Commerce Lane or Osborne/Commerce Lane. In the last four years, four of his employees have been involved in accidents at the Osborne/Commerce Lane intersection. Ms. Sherek asked if the parking egress from the Pillsbury property was situated such that it could be signed "right out only" to direct the traffic to 73rd Avenue to avoid additional traffic heading toward Osborne? Ms. Dacy stated there certainly could be signage for a"right out only". It is just a question of how many employees would observe it and who would enforce it. In the case of a stoplight at Osborne and Commerce Lane, all the warrants have to be met prior to Anoka County installing a stoplight. By "warrants", she means there has to be certain thresholds of traff�c levels and peak hours during the day, number of accidents, etc., that have to be met. At this time, she did not believe a stoplight is scheduled for this particular intersection; however, they can check with Anoka County. She agreed it is very difficult to make a left hand turn going westbound on Osborne Road. � PLANNING COMMISSION MEETING. NOVEMBER 13, 1991 PAGE 10 Ms. Dacy stated the advantage of 73rd Avenue is the signal at University Avenue, and the western portion of 73rd Avenue has been vacated so that even though there is peak hour traffic because of the use within that area, this particular intersection is not competing with the other traffic on Osborne Road. She doubted if the warrants were there either for a stoplight at Commerce Lane and 73rd Avenue. Mr. Naughton suggested that four-way stop signs be installed at 73rd Avenue and Commerce Lane. Right �now the traffic is only stopped coming out of the industrial park toward Osborne Road and only stopped going down Commerce Lane. The traffic is not stopped coming from 73rd Avenue where it deadends by the railroad tracks. Ms. Dacy stated that the Public Works Department may have addressed this issue in the past, and she will have the Public Works Department address this issue before the City Council meeting. Mr, Naughton stated a lot of new businesses have come into this area and lot of them have expanded in just the last 2-3 years. So. a right turn only coming out of McGlynn would just create more problems, because the traffic could not get onto 73rd Avenue. Ms. Dacy stated she will ask John Flora, Public Works Department, .. to address the drainage issue, as well as the four-way stop, before the City Council meeting. Mr. Chris Wallace stated that he is representing an organization that has many members in Fridley. At this time, he cannot disclose the name of that organization. He'stated he is not objecting to anything being proposed,by 1WIcGlynn Bakeries. He just wanted to raise some questions, and he appreciated the opportunity to do that. Mr. Wallace asked where the legal description in the special use permit application came from. Ms. Dacy stated the legal description for both parcels was prepared by the surveyor on the Certificate of Survey. Mr. Wallace asked if that certificate has been recorded at the County. Ms. Dacy stated, no, it has not be recorded yet because that is what the lot split approval is all about. If the City Council approves the lot split, then after the property has closed in terms of sale, then the new lot description will be recorded. Mr. Wallace asked if the Planning Commission is being asked to consider a special use permit request on a piece of property that does not actually legally exist. It is his understanding that this Q'� PLANNING COMMISSION MEETING, NOVEMBER 13, 1991 PAGB 11 is a legal description that is created in the purchase agreem�nt between Pillsbury and McGlynn Bakeries. Mr. Dacy stated that by virtue of the fact that the description states Lot 4, Block 4, which is the southerly parcel where the building is located, the public hearing notice is accurate. What the legal description is also saying is that there is an additional 54 feet to the north of the parcel. � Mr. Betzold stated the public hearing notice has to tell people what area is being talked about, and the legal descriptions do get rather lengthy. In answer to Mr. Wallace's question, yes, essentially they are considering a piece of property that doesn't quite exist. The land is there which is divided two different � ways, and they have to tell peopl.e that the Planning Commission will be looking at the total piece of property. Mr. Wallace referred to City Code Section 205.18.02.H., Uses Excluded, which states: "Any other use, unless a Special Use Perm.it is obtained therefore, which is objectionable by reason of noise, dust, dirt, noxious gases, odor,� vibration, glare, heat, explosions or because of subjection of life, health, and property to hazard." In reviewing the special use permit, would that particular section be reviewed? Ms. Dacy stated, no, that particular section is not applicable. Staff stands by their interpretation that the retail_outlet fits into the Code cited in Section 205.18.01 that.the primary use is a manufacturing facility (food processing)�, that the impacts or uses that McGlynn are proposing are consistent with the M-2 district, and that a special use permit for a retail activity is clearly identified. She did not see anything i� McGlynn's application that would lead staff to believe that anything ir� Section 205.18.02 is applicable. Mr. Wallace asked what kind of investigation staff does to determine that the proposed use does meet the test for a permitted use. Ms. Dacy stated that they go through the performance standards of noise, dust, dirt., noxious gases, odor, vibration, etc. Staff believes that McGlynn's use is very similar to the Totino's use; and that, in some cases, it may have less of an impact than the Totino's use. So, staff looks at the operation and compares it to the previous use. When they receive the building permit application, they will be getting even more information. Staff is very clear that the proposed use meets the intent of the M-2 zoning district. Councilmember Steve Billings stated he had some questions for McGlynn Bakeries regarding the parking on site. There is an ever increasing amount of traffic on University Avenue because it is a � PLANNING COMMISSION MBETING, NOVEMBER 13, 1991 PAGE 12 primary artery, for traffic going north through the City of Fridley. He wondered if McGlynn is in a position to address their commitment to Rideshare and other means of carpooling, or if they have any program for providing incentives to their employees for using public transportation. He realized that McGlynn may not be prepared to address that issue at this meeting. Mr. Rasmusson stated they have looked at Rideshare at some length at the Eden Prsirie facility because their business has grown more rapidly than they expected, and they are essentially out of parking spaces. That is one of the reasons for their search for another facility. He has talked with Minnesota Rideshare, MTC, and other metro transportation. They did not go ahead with a formal program at their Eden Prairie facility, because after doing some research, it appears that for a suburban location (he is assuming Fridley would be similar to Eden Prairie) , they are basically talking about people from their own plant �iding with themselves. Because they don't have set shift times and because they frequently run overtime for a portion of a shift, it is just not worth pursuing. About 15 people carpool at Eden Prairie, and the employment is about 2 l/2 times what it wi11 be at the Fridley plant. McGlynn would be happy to encourage people to carpool; however, they believe their type of operation is not conducive to a lot of ridesharing. He believed their situation for Rideshare is probably not much different than it was for Totino's. However, they would be happy to do some type of kick-o�f campaign and encourage Rideshare when the Fridley plant opens. Councilmember Billings stated that.even though staff has not seen the McGlynn's proposed building expansion, does staff believe there will be adequate parking even after the expansion? Ms. Dacy stated, yes, s�aff has discussed by telephone with Mr. Rasmusson the square footage amounts of the expansion and then calculated the required parking and determined that there is ample space to meet the required parking. Councilmember Billings stated if the number of parking stalls on site in industrial areas is calculated on a square foot basis of usable space within the building. Ms. Dacy stated it is calculated on square foot of usable space. Councilmember Billings asked if the parking will meet the Code requirement for the square footage of an industrial building. Ms. Dacy stated, yes, it does. Councilmember Billings stated he looks forward to having McGlynn Bakeries in the Fridley community. Having watched the growth of the company for many, many years, he has found them to be an employee dedicated to growth and expansion and, until recently, � ....... .....,.,�;xE�;S: . ,..,.,.,.:r3:.t;.:>;RL3i:iv;L. ... PLANNING COMMISSION MEETING, NOVEMBER 13, 1991 PAGL 13 dedicated to continued relationships with Bakers Local #22• He looks forward to the fact that McGlynn will be transferring employees to Fridley that will also be covered by a union contract that provides a reasonable living wage. MOTION by Mr. Sielaff, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON BFTZOLD DSCLARED THE MOTION CARRIBD AND T8E PIIBLIC HEARING CLOSED AT 8:42 P.M. Ms. Sherek stated she is very concerned about the drainage issue, particularly regarding.the lot split. MOTION by Mr. Sielaff, seconded by Ms. Savage, to recommend to City Council approval of Special Use Permit, SP #91-12, by McGlynn Bakeries, Inc., per Section 205.18.01.C.(3), of the Fridley City Code, to a11ow commercial retail within an industrial building, with the use occupying no more than 5,000 square feet, on:. That part of Lot 4, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described 1ine: Beginning at a point on the north line of said Lot 4, distant 15.00 feet east of the northwest corner of said Lot 4; thence southerly parallel with the west line of said Lot 4, to the south line of said Lot 4 and there terminating, and the south 54.70 feet of Lot 3, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described line: Beginning at a point on the north line of said Lot 3, distant 205.00 feet east of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3, distant 125.00 feet east of the southwest corner of said Lot 3 and there terminating. Containing 461,636 square feet or 10.5977 acres. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED T8E MOTION CARRIED UNANIMOIISLY. MOTION by Ms . Sherek, seconded by Ms . Savage, to of Lot Split, L.S. #91-03, by McGlynn Bakeries, referenced property into two separate parcels: Parcel A recommend approval to split the above That part of Lot 3, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying North of the South 54.70 feet of said Lot 3 and East of the following described line: �L PLANNING COMMISSION MEETING, NOVEMBER 13. 1991 PAGE 14 Beginning at a point on the north line of said Lot 3, distant 205.00 feet east of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3, distant 12�5.00 feet east of the southwest corner of said Lot 3 and there terminating. Containing 274,449 square feet or 6.3005 acres more or less. Parcel B That part of Lot 4, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described line: Beginning at a point on the north line of said Lot 4, distant 15.00 feet east of the northwest corner of said Lot 4; thence southerly parallel with the west line of said Lot 4, to the south line of said Lot 4 and there terminating And the south 54.70 feet of Lot 3,. Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described line: Beginning at a point on the north line of said Lot 3, distant 205.00 feet east of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3, distant 125.00 feet east of the southwest corner of said Lot 3 and there terminating. Containing 461,636 square feet or 10.5977 acres. This property is the former Pillsbury Frozen Food Processing Plant, addressed as 7350 Commerce Lane N.E. The Planning Commission also recommends the following stipulations: 1. An agreement between the property owners outlining how and when the nonconforming parking area shall be corrected shall be executed prior to filing the lot split. 2. The parcels shall be combined for tax purposes in separate school districts. 3. An amended drainage plan shall be approved by the City Engineering Department. UPON A VOICE VOTE � ALL VOTING AYE � CHAIRPERSON BETZOLD DECLARED THE MOTION.CARRIED UNANIMOIISLY. � PLANNING COMMISSION MEETING. NOVEMBER 13, 1991 PAGE 15 4. APPROVAL OF RESOLUTION STATING THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN AND CREATION OF A TAX INCREMENT DISTRICT CONSISTENT WITH THE COMPREHENSIVE PLAN: Ms. Dacy stated the intent of the Planning Commission's review is the State Statutes regarding tax increment financing which requires the Planning Commission to determine whether or not �he proposed land use on a piece of property where a TIF district is going to be created is consistent with the City's Comprehensive Plan. Staif is recommending the Planning Commission adopt the resolution conf irming that the amendment to the redevelopment proj ect area and the tax increment plan is consistent with the City's Comprehensive Plan. Ms. Dacy stated according to the other lots in reapplication of essentia2ly Comprehensive the.general an industrial there is Plan. The vicinity, building. no change in land use use is industrial as are and this is merely a Ms . Dacy stated the HRA will be considering a resolution at its meeting on November 14, 1991, to modify its redevelopment plan to add this particular piece to the plan and to create Tax Increment District #12. The City Council will conduct a public hearing on the proposed creation of the tax increment district and addition to the redevelopment project area on December 9, 1991. The Council will need to determine whether or not it will create this site as a tax increment district. Ms. Dacy stated this is a very unique situation in the metropolitan area. Rarely do they have a facility of this size and so specialized in a community. They are also looking at the fact that in an economy where a lot of industrial uses are declining and giving way to the service economy, according to some of the industrial analysts, the food processing industries are one of the winners in the industrial sector at this point in time. The City is very happy to have the Pillsbury facility reoccupied by an industry that appears to be growing, especially in the current economic situation. A number of plants have closed in the last two years. Quebecor, Inc., will be leaving as of January l, 1992, which will result in a loss of about 250 employees. Based on the positive aspects.and because of the age of the building and what McGlynn needs to do to modernize it to a food processing facility, the HRA feels that this would be a perfect addition to the redevelopment plan. MOTION by Mr. Sielaff, seconded by Ms. Sherek, to approve "Resolution of the Fridley Planning Commission Finding the Modification to the Redevelopment Plan for Redevelopment Project No. 1 to be Consistent with the Comprehensive Plan of the City". IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. ' � �.AIJI�iNG COMMISSION MEETING, NOVEMBER 13. 1991 PAGE 16 5. REC�V� OCTOBER 3. 1991, HUMAN RESOURCES COMMISSION MINU�ES: MOTION by Ms. Sherek, seconded by Ms. Savage, to receive the October 3, 1991, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THS MOTION CARRIED IINANIMOUSLY. 6. RECEIVE OCTOBER 7. 1991. PARKS & RECREATION COMMISSION MINUTES• O ON by Ms. Sherek, seconded by Mr. Sielaff, to receive the October 7, 1991, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE � MOTION CARRIED IINANIMOIISLY. 7. RECEIVE OCTOBER 15, 1991, ENVIRONMENTAL UALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Ms. Sherek, to receive the October 15, 1991, Environmental Quality & Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IJNANIMOUSLY. ADJOURNMENT• MOTION by Ms. Sherek, seconded by Ms. Savage, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared motion carried and the November 13, 1991, Planning Commission meeting adjourned at 9:00 p.m. Res ectfully sub itted, G�.��/`� Lyn Saba Recording Seeretary , . • • � _ � � DATE: TO: FROM: SUBJECT: Community Development Department P G DIVISION City of Fridley . November 26, 1991 William Burns, City Manager� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #91-12, by United Stores; 785 - 53rd Avenue N.E. Attached please find the above-referenced staff report. The Planning Commission voted unanimously to recommend approval of the special use permit, to allow exterior storage of materials and equipment, with the following stipulations: 1. The height of the fence, including the rolls of barbed wire, shall not exceed eight feet in height. 2. If necessary, retaining wall plans shall be submitted to the Engineering Department for review and approval prior to construction of the fence. If a retaining wall is required, the height of the fence is to be measured from the floor of the storage area, not the top of the retaining wall. Staff recommends the City Council concur with the Planning Commission recommendation and approve the special use permit request. MM/dn M-91-848 � � STAFF REPORT . APPEALS DATE CITYOF PLANIVING COMMISSION DATE : November 13, 1991 FRIDLEY CffY COUNqL DATE : December 2, 1991 q��p MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LANO USES & ZONING UTIL(TIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP ��91-12 Benjamin Rischall, United Stores Allow exterior storage of materials and equipment 785 - 53rd Avenue Storage area: 23' x 25' = 575 square feet C-3, General Shopping Center C-3, General Shopping Center to the west, south, and east Approvai Approval . r �,-T.30,R.24 FR/DLEY 42 W �� u ��; �, � 57 TH. --'N ERSTA WY —� ---�_ E � - Z-_- N 0. g c _. —,-----_-}�� •----••---�t------------------- ----='_- __ �� . ' " :� � k r. � � .� " Y- ; -7-; !! : � ' �� ; CHERi "' . " . _ � ,� � "' S4 TH m .' .M T 4 531/2 G � . �� ' �'i r.` � A .„ � ( �' 43 � �� ,� SUBDlV�SION a � J L SP #9.1-12 United Stores fM15 IS A COMMU11pN � ItECOQDS AS � iHFY AMEAR iN TN( ANOKA COUNTY � pFfKES AfFECi1NC TNf AREA SHOWN. � IHIS ORAWING IS 70 �E USEO ONLY fOR . � RFFERENCE IURIOSES AND iHE COUN- iY IS NOT RfSPON$IEIE fOR ANY IN- ACCURACIES HEREIN CONiA1NED. 53923 W Y a � W W � K > ; 0G � 1 � _ I �� ; i Y � � � •,�t�-_-- 1 ��. 25: � '. ..:__ ; �// /�: . _ L!!i:..rt:ir � r i �„ �« SE.ICONNER �.� SEC t! 4 • N%•� � w �: i � . _ _.. ..... .. 2�.".'.^�•r...�w�� OCATION MAP � � i i i SP �91-12 T1n i fitatl .�'tnrca _ _. � �� ' - ••�. •.i�r��—� �� ••s� �v v.�..�.••-•— I . � . •�� N�� •� /� �:.�� • • � . . . � •NI��•�•��::�. l:j. .�' • iV� .�} �� :I'i.\:. �. �1:�. 'i O •r.,-� ... � ... :..:. ..;......;..•..:........: �:`-p='�:. • •��M�� • �� ,��i,•�i i,' �� i ~ I��• .�J � LAK 'I �:� �. �. n�.v.�...�•• . . , por • �'...,; ......�.... •.:p �:r � . .,. •;. ...,� .• .;.,; :..., ;�j• ' ,L�� ` .v � • IN TERSTATE : . .� � ' , � , - -- _ ` HIGHWAY N0. t94 - -- - ---_— - - — - -- � _ie6 «, .� ,�� -- — - • ---- —_ _ ._ _ _ �_ _ a �_ Ur � f �,, s . f , . � ` '` � �'—�-�7.E:.T,�__ _ - :,� .�;� . ► ?�� ri,�w �� c ��.� �� , r�:� �'� � -i ��t? ►�A �951! i � _ ;�,: �a,� !�� :'� � �' �S � -� I ZONING MAP Staff Report SP #91-12, United Stores Page 2 Request The petitioner requests that a special allow exterior storage of materials and 1, Target Addition, the same being 785 Site use permit be granted to equipment on Lot 3, Block - 53rd Avenue N.E. Located on the property is the United Stores building. The property is zoned C-3, General Shopping Center District, as are the parcels to the west, south, and east. I-694 i� located to the north of the subject parcel. The City Council granted a special use permit and variance in 1986 for the e�cpansion of the wholesale warehouse. There are not outstanding stipulations from this previous.request. Analysis The petitioner is proposing to enclose a 23' x 25' (575 square feet) area within which canoes will be stored. The petitioner is proposing to fence the area with a chain link fence with rows of barbed wire at the top for security purposes. The height of the fence cannot exceed eight feet, as required by code. The proposed storage area is located north of an existing truck dock. It cannot lae seen from the MnDOT right-of-way, as the south- bound Highway 65 exit ramp from I-694 is located north of the proposed storage area. The topography is such that screening the storage area with other than vinyl slats would not be possible or necessary. In addition, the topography may require that a retaining wall be constructed. If necessary, the retaining wall plans should be submitted to the Engineering Department for review. The storage area will not adversely impact traffic areas. Recommendation As the storage area does not adversely impact adjacent properties, staff recommends that the Planning Commission recornmend approval of the special use permit, SP #91-12, to allow exterior storage of materials and equipment, with the following stipulations: l. � The height of the fence, including the rolls of barbed wire, shall not exceed eight feet in height. If necessary, retaining wall plans shall be submitted to the Engineering Department for review and approval prior to construction of the fence. � Staff Report SP #91-12, United Stores Page 3 Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council with an amendment to the stipulations recommended by staff. Stipulation #2 was amended as follows: 2. If necessary, retaining wall plans shall be submitted to the Engineering Department for review and approval prior to construction of the fence. If a retaining�wall is required, the height of the fence is to be measured from the floor of the storage area, not the top of the retaining wall. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission recommendation. � .. �� : �;;;, — — AD�S� � z �: ��r� ;{- � � " SIG�tAZURE •` '- ] , }k. l,�µ'� - y,L, alY'� \qnln°y t�{�t+. 4+.. : ': t i� J .�I'�•�� . ' .X�i "x' :� � i � .�:'�k-S S•� J . �� _�7 /��., �4 . .. i� t� ..' �t�. V � +M � . � 'R� �� '�s�• � ��• . ' .�-��4�iYL� �11\/L\ ., � a 'b� �,2 iffi-y,., �iv , `isya ; 4 '�S4s `+�'4s �, _ '� ��" ' . � yS� ��; 3.i � � '� ��' � a� : �.'�", . . _ �. � � �- � �.?� kt .ry�" � y ,�, , , r� � � �../_ � � ''� *5' -� � � �'� ��` , l i�ci�i��A'�t�Ei(.i � L 1 � ��' � `� c�.' „�t� -'� , ' f�l . ,� ;T � � ' ADI�ESS b �� ,�7 .� � � : �: %� �� 5� / �` ��: � .. . 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SC�i17.Ed P1dIlt11.1'K� � �LSS].0[1 d1�: i'. � ,. ?� ,� Y = .'�; + �' � � - � � �� ` �; .:. ` � . ... � � ,,� ..,'Car "er Sh _ 3', � 4' s � � eK � , ..5�.�'ledll�.ed C`l� OOl]IlCl� C�d�. '' s;' x' '�,"� s[ d�'� . } t, Y.,. �. ' �: : S . - . �. . a n?� '. . � x k f i4.�� . rv�. t.r a,.� a � r �.. v�. � c T�;: '� ��, t a£r`� y }; ,��. �t�xY s': m� _- a v X .'F^ °�y �'Y '.�. xT�j �r �5i:��'�Y�,r�'�'e��"�1-�r4 �} �'r `h�� t�r��.�� k . � � � ��: � � ........ 8 s � d �'� � �` � r � �: � �t , : 4 r�g �.�r t � ^�' ; h r ��. �' t.�n'��y'°`�'� �S� � :i�'' , Sz.�> ��. ' � ; �.. � ": . . 3�* � t' s' ` �p!` e -v ; 'r§b ��F��,�, p`v�' S .i3 „5�:.;..f `��a v y�f..; �� ' fi. . . y'.�. � � '� �` ' �� :, � �,� r . � t � t � #� � , � . . _ "9 � t�l,� ��" � ,� �,�m� y�, t .'�� r � � I Community Development Department PLAN�vnvG D�SION City of Fridley DATE: November 26, 1991 TO: William Burns, City Manager� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #91-13, by McGlynn Bakeries; 7350 Commerce Lane N.E. Attached please find the above-referenced staff report. The Planning Commission voted unanimously to recommend approval of the special use permit request, to allow commercial retail and service uses in the heavy industrial district. Staff recommends that the City Council concur with the Planning Commission recommendation and approve the special use permit. MM/dn M-91-849 ..,.. ��,,� � •� }y � � STAFF REPORT APPEALS DATE C� I I �� PLAI�UNG COMMISSION DATE : November 13, 1991 FR(DLEY CITY COIAVCIL DATE: December 2, 1991 q�T� MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING tff11JT�S PARK DEDlCAT10N ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONtNG ENVIRONMENTAL CONSiDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP �91-13 McGlynn Bakeries To allow retail sales in an M-2, Heavy Industrial distriet. 7350 Commerce Lane N.E. 10.79 acres M-2, Heavy Industrial M-2, Heavy Industrial to the North and South; C-1, Local Business to the West; M-1, Light Industrial to the East Approval Approval �-, lO, T.30, R.24 FR/OL EY i i, r � ICSDi SP �91-13 McGlynn Bakeries ' __ .. __ ._. � I 8Z LOCATI4N MAP Staff Report SP #91-13, McGlynn Bakeries Page 2 Request The petitioner requests that the special use permit be granted to allow a commercial retail use in an industrial building on Lot 4 and part of Lot 3, Block 4, Commerce Park, the same being 7350 Cotnmerce Lane N.E. The commercial retail use proposed is a McGlynn's Bakery outlet. The petitioner is also processing a lot split in order to split a portion of Lot 3 and combine it with Lot 4. Site Located on Lot 4 is the former Pillsbury Frozen Food Processing Plant. The petitioner is proposing to occupy the building and manufacture bakery goods. The property is zoned M-2, Heavy Industrial, as are properties to the north and south. There is C- 1, Local Business zoning to the west and M-1, Light Industrial zoning to the east.. Analysis Sections 205.18.O1.C.2 and 3 of the zoning code allow commercial retail and service uses in heavy industrial districts. One section of the code limits the size of the tenant stall to 20� of the total floor area, not to exceed 3,000 square feet, and the other section allows up to 30� of the total floor area, not to exceed 5,000 square feet. The difference in the square footage can be attributed to the type of tenant to occupy the space. Section 2 is intended for a limited draw tenant who draws only from employees in the industrial building. Section 3 is intended for a tenant who draws customers from the public (see attached Planning Commission and City Council minutes). The intent of the regulations also appeared to be for multi-tenant buildings, but the ordinance does not specifically state it. Staff interpreted the code to allow the petitioner to apply for the commercial retail use outlined in Section 205.18.O1.C.3 because the intent of the retail bakery outlet is to draw customers from a large market area, and not specific to McGlynn employees. The code section has six standards which must be met prior to the issuance of a special use permit. Section 205.18.O1.C.3.a limits the maximum floor area to 30 0 of the building or 5, 000 square feet. The proposed tenant space for the bakery outlet is 3,000 - 5,000 square feet which is within the maximum outlined by code. Section 205.18.O1.C.3.b requires that the parking supply shall be in compliance with the requirement of Section 205.18.5 of the City . � . Staff Report SP #91-13, McGlynn Bakeries Page 3 Code, and sufficient to support the full occupancy of the building. There are 220 striped spaces located on the property. The required number of spaces is based on the manufacturing/office/retail/ warehouse ratios outlined in the code is 239 spaces. The maximum number of employees on any given shift would be 120. Therefore, there is adequate parking on-site to provide for both employee and customer traffic. McGlynn.also staggers the shift starting times in order to reduce the parking demand on the site. Further, there is sufficient area on site to expand parking areas if needed, and with the lot split more area is provided. Section 205.18.O1.C.3.c requires that only wall mounted signs subject to the limitations of Section 214 of the City Code.shall be permitted. Located on the building is a wall sign on the freezer stack which states "Pillsbury". The petitioner�will be replacing this with the word "McGlynn". In addition, the property would be entitled to an 80 square foot free standing pylon sign. If the petitioner chose to advertise the bakery outlet on the pylon sign, they would be exercising a protected right. The intent of this code requirement is to eliminate multiple pylon signs on the lot occupied by a multi-tenant building. Section 205.18.01.C.3.d states that the proposed use shall only be permitted when it can be demonstrated that the operation will not generate levels of traffic which reduce "the existing level of service" as defined by the Institute of Traffic Engineers on streets at intersections. Commerce Lane was recently reconstrueted in 1989 to the City's industrial standards. The street was widened to provide adequate room for industrial trucks and to handle increased levels of traffic. As was stated earlier, the site has adequate parking for both employees and customers and the street has been designed and constructed to handle increased amounts of traffic. Section 205.18.01.C.3.e states that the proposed use; in the opinion of the City Council, shall be compatible with the area in which it is proposed to be located. The retail use will be a small portion of the use at the facility and is clearly secondary to the manufacturing and processing uses. Section 205.18.01.B.1 of the zoning code allows the retail sales or service of products, manufactured or warehoused. Therefore, retail sales would be compatible with the manufacturing component of the facility. However, staff has required that the petitioner apply for and receive a speci.al use permit because the products sold at the bakery outlet will not be entirely produced on-site. Some of the products may come from other McGlynn manufacturing facilities. Zn addition, they may also be selling pre-packaged items such as juice and milk which are not manufactured by McGlynn (see attached letter from Mark Rasmussen dated October 11, 199i). �� Staff Report SP #91-13, McGlynn Bakeries Page 4 Section 205.18.O1.C.3.f states that the building owner and/or agent shall be responsible for informing any perspective tenant that the property is zoned for industrial use. The petitioner is well aware that the property is zoned industrial, and the retail outlet is an accessory to the processing function of the facility. Recommendation As the petitioner can meet the conditions outlined in the code for issuance of a special use permit, staff recommends that the Planninq Commission recommend approval of the speci�l use permit request, to allow commercial retail use in the industrial district. Planning Commission Action The Plan�►ing Commission voted unanimously to recommend approval of the request to the City Council. City Council Recommendatio� Staff recommends that the City Council concur with the Planning Commission action. ls � � SP �91-13 McGlynn Bakeries i j __ 1 : ; � •; s •3 li� fj;��i�; li�g�}�' ! i i; � ii 'l ' i : �� s�� . �i :�; ;t ��i i� ��i. g i �";_! is .� � Sx i� 1 f �s � i_ F �j• �:5€t�'•f ��3i )_; .� if ii j�i S s�� i � •j �!SSi z� s�� i ;�4} � i'� t:, :� t,s• � ;_ , , ;, �� ( �r � �i al�}jsy ��..•� •� I' �. j�s i R �• i!�_j �it it0 �!}: i f - 't�� . j� a- 1 i�� , Iz :e• �'5 ae..� '� �.47��l...��; _ . � � �: a � _- •�'�� ti: •( �:•�i 1!; j s ��i:�s��;;�� € i � ? i � ? ? �: � Fij �� ! s ( �� : 1 z � Ffii , :iq �3�=� 'i s i !� s�iti j�i �a{i� i��3� s S4 � ii i S i i�sai t � a!!ti• !�' i l�s�s �} !�{ifi s" s i � : if� : t � ¢ -• ... r � S ;{s_• � S [I �7 i�{.,� �=Silij��:�ilii�� isfi } i i s �� !� � x iE s �s i �f �ii:£ � ��t s� �3ii� ;' �a3 � ! � f i�j t s ' �i:� �� i 2!'s !1 � 1 : � "'i'►��3`-;+i"��ti} '�� } i°� ii f�i'= ; � sl s � j � �j! :it�� :i;� �F 3�1�� + !i� ifS.s�ii � 1�f�t � f i�i =� fi�i !� t � � S■ si{ � � �a� i� txjS� l;� �s�t�cas'��•.�j.�jf t �' � 1F� 1( 1 s �{�� t s�i �jt�' si �jFi �;! fjtji � iiF;F#=,.l��i��;{�:. � rl� i� i�l ;i i t�: ��j i i�s �iij . Y�! !i! ��i }l�l� S �{I;si�s_�t:�►•iisj;}�!! � i� 1 4 t---�-------- � , _._ _.__ __ _.._ . - -_—.-_ ._��"_.`.�-�.-.--�—��- . ; � .....: I . . i ' .-_ � �•. / : — , � i . -. r� ! . t, + •: •� `� . . : ;,!_-- t'� °— r �^� N� —'�'��ZC�f—n ��i ��[F�i@s.,. � �dip��$dl�B,$a��f�x#�= _-�.- .f. � SITE PLAN t Q W t]C Q W � � � Q � � a °` a � � � � SP �91-13 McGlynn Bakeries J W > W J �— � � t�,. =,� . i 6'= ,:� !2 'Q �� 41 .t y i � d ?�r � � i_ �� 7 �1 f �� +' � r �� 6431 LA�tIVERSITY�Ai�F�dUE �N.E. � , , �� F." �� s�� . ��.�� Y �r- w` .,,.� �-�,,,��1��, r>�A��t ' r �� ;,'� � �,� � F32mLL'7C; I�i , ,'i 55432 � . � � � Qattmtaiity Develcpnrent ` Depa�trnent� ,� � � � ' ` - (612) 571-3450 = ` �� . :� t � ' ` X i t. F aa/ t '%1`!'RY Y �: P+b 7�' .f , � : �� S. i � Fp y • �•i�= ?Y;�" x,�. rnt� � . k . fi L' 4 v .�" .�t Y' 3V '� r � � � ` � t x a � r. ... . .. . . .'. °. . �. �� . � �G+}�C { k f Orl/�wJ.Cfi� V�7'J � C�Cl.•••�.L'l.LitiA� � �q �,.}°J+� •.SA � � �?u '� �� t � i ,. ;� F ��,. y f"� : , ci r r� � . _ � , � t, w .� s- � ,� . � "' e :" v �1 . . ,, , ,:Z . .>€ �f '!s ,t . 5� K�,. .�. � r � � ,s� �, P1Z�DPIIM�t II�u�iDRi�TI�t site p ! M1F for subi�ittals; � see � a � �; � � �}�,., , � , , M� P�, � ,r ,, t�� . �� . . . �� yr � . � I s � �N � � � � 7jr p�d�dx�ess: 7350 Northeast C�mm _rce Lane� Fr�dlPy'. MinnPCnta `� -�: � 3 `. � wV. � � i - „'h, � .-�i n" F �. i, � � � .."{ i � j� � . ): , Legal d�iptian: See attached Exhi bft � A Tw �' � ` � =� � � '4 3� r, � " ��.4 z? � r �, � � - � � k �. 7 � � :.. :: �, � ' �- +e� .. A .,`� . L.� Rr F ,w � ' �r T�' 4'"`'yM' , ti 'iA �W7Y �� , ,' � ,� �� SR�,' rt � �,� `%Ldt 3 & 4 'Block � 4�j � � yThract,rAdcl�ticri Co�nin��c� 'Park. 'Andk�Caunt�"�`,�. � ;.� � ; '�} � ��,,:�`��r Ap�ro�C�;�.79 a�res/:426;635 sq.ft. � } �: -* . �Qltrnrtt Z�: fHeavy Industri 't Square fc�o�e,/a�e ��to be °com6i:nec�wifi �approx: � �. ,� � . : . , ;; � r -t -: ..M�? �: a � �.� . � � � �� ;,� acre/�.3� 560�»s ft:� , � , . �, , � � P %a xj• ,x ;, ,Reason��-for .special' use P�nni�. Store; , � � ,,� � � � $ �� '��' �` �� '� � � .;, • : : _M: ��.;on the pro � er,ty: � `� _ � �� '�,'' Y a � �:.Section of City Oode: ?05_'18� M-2 Heayy�TnduS�-r`ial�-tlicti^i'rt �R�,�i�7a`t.innc •,� -'4� LL., t�w. a .. . . - S.+ri h � � s+ � � �y � L' . %r. � rY a .,".e' � � ' 3, � t' ; � - � 44F . ' '.�� VnL:CiL� . �Y: VL�L� 116/l� �• � `, '. � �`x 4 � •� 1 A .�t3 . r �. r: :a ' : r :. . , � t w ..a `a �u .i= .`. .. .�:. ., c _u.-�- . . ,.- :.. v,. w., .� ,Ci :#� d , , - e ,. ., .., u, �... . ; A� � , -..� ��1�ciCt plllC".t1aS2IS2 F'�2 QWTI2.15 �A]S� :S1Cji1 �11.S ;fC�Ilt j7�'lOr tA i��?002.S31I]C,��'. '.N�ME '?he Pillsbury Com�any _ AD�S • The Pillcburx n r� 200 S. 6th St._ Minn a olis, MN 55402 : � .; , ; i�Y'i'n� � (612) 330=4966 ' �.. ` ' _�� . SIC3VAZURE OA.TE , � ,. PFt'I'.L'I��It II�OR1�lTI�T : `�, �, l�t+� McGlynn Bakeries, Inc. ` AD�2ESS Qnt� McGI_�nn Drive, Chanhassen, MN 55317 ' ��+'t'T�' PI�1+iE 1�6121 474-7444 SIC�iA'IURE �%��jeLil�hc�rls�01� 1 . :.� L�ATE 10/11/91 Mark Rasmussen,.V.P.,.Marketing/Strategic Rlanning • , � Fee: $200.00 Check Attached � • ' . $100. 00 ` fo�r .residenti.a7. sec�xl aooessoYy bui.l.dings � �t sP � q l - l3 �� # � �- o��d� � Application Yeceived by: , ;• ... :: , _ ` ` _ _ Sd�eduled Planning Oc�anission dateJ: �i}1 j .) � � �J `� � :. _ Scheduled City Council date: . _ : � �8GG� � � s�� ervice and Support To Meet Your Needs. Consider us the other baker on your staff, lending a hand to help you build your future. Taking a proactive approach to your b.usiness, we're committed to helping your baking operation be the very best it can be. Through hands-on technical service to give you new ideas and techniques. Through eye-catching point- of-purchase materials and complete merchandising support programs. Sharing our heritage and commitment, we look forward to building a future, baker to baker. ur Principles of Doing Business. 1 We are a customer driven company. At McGlynn's, the customer always comes first. This philosophy guides our efforts to be responsive to your concems. To listen carefully to your problems and ideas. And do what it takes to satisfy your needs. 2 We set and maintain a standard of exeellence in both products and service. A standard we won't compromise. At any cost. 3 We are never satisfied. That's why we do all we can to continually improve our products. To use only the highest quality ingredients. And never skimp. So our customers get the best product possible. � Every product we make comes with a 100�0 guarantee of satisfaction. If there's a problem, we'll Sx it. No ifs, ands, or buts. Because at McGlynn's Bakery, our way of doing PRODUCT SUMMARY Product Form Availability �6, �, � � �°v,_ �n 9c °a °o� o, G�^iP>, A �°'A � �° .^o �°�A `°:o `�� Product � � � �. °� �^ .� �� 'o . � c� "°� �% �' Categories �ns °°r Q� °°4� �Pa �. '� �� 'na �f °°� �. � �'� ��s �� • CRO[SSANTS • • • • • • • • • CROISSANT DONUTS • • U:1\15N -Dough � � -Radial Rolls � -Figure 8's � -Twisted Snaiis t� ' -Fruit Pockets � -Coffee Cakes � • • PUFF PASTRY -Dough • � -Turnovers • -Braided Strudel • -Strudel Sticks • -French Crispies • �SFECIALTY PASTRIES -Cream Puffs/Horns/Eclairs • • • CINNAMON ROLLS -Special Recipe • -Classic • -Cinnamon Swirl Croissant • • • MUFFINS ' • • • • • -Traditional -Special Recipe -Classic • BROWNIES • OO Kosher Certified i�icn�. For more information, or the name of the closest distributor, write or call: McGlynn's Bakery One McGlynn Drive Chanhaxsen, Minneu�ta $i317 1-800-MCGLYNN bi2-��-t-��• FAX61'_'-d74-9i39 Building q future, 8 J J baker to bakerT,� �r�,.,,>�,��„ ��.,�..,.�;,>,,,;, �,:��> h„s�s_�...� 1. 4�� 3� TAB MINUTES OF THE R�Ui,AR I�ETII� OF T8S FRIDLBY CITY COUNCII. OF � NWEI�IDER 9, 1987 TY�e Regular Meeting of the Fridley City Coancil was called to order at 7:30 p.m. by M�por Nee. . PLEDGE OF ALLEGIMIGE• Mayor Nee led the Council and audienoe in the Pledge of Allegianee to the Fl ag. ROLL CALL• M31�ERS PRESENT: Mayor Nee, Couneiiman Goodspeed, Couneilman Fit�patriek, Councilman Sehneider and CouncilWaman Jorgenson i�E1�ERS ABSENT: None PRESENTATION• Mr. Hunt, Assistant to the City Manager, introdueed Mr. Johan Coester, an exchange student from South Africa, who made a presentation to Mayor Nee. Mr. Coester presented Mayor Nee with a letter from the Mayor of his bometawn of Sasolburg in South Africa for good faith and friendship in the future. Mayor Nee stated the letter introduced Johan and extended their hand of friendship and kind regards to this countrq attd Fridley. He thanked Johan for making this presentation to the Couneil. APPRCN AL OF MINUTES • COUNCIL I�ETII�G, OCTOBER 19, 1987: MOTION by Couneilman Sehaeider to approve the minutes with the correction of the seconder for the approval of the Oetober 5, 1987 minubes to be Couneilman Fitzpatrick. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, M�qor Nee deelared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Couneilman Schneider to adopt the agenda as presented, Seconded by Couneilw�an Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. OPEN FORUM, V ISITORS : There was no response from the audience under this item of business. -1- . � Q�� ,�.� FRIDLEY CITY COIINCIL I�ETII� OF NtNBI�ER 9� 1987 MOTION by Couneilman Goodspeed to waive trie reading oP the publie hearing notioe and open the public hearing. Seconded bq Couneilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:38 p.m. Mr. Robertson, Community Development Direetor, stated the Planning Commission has been studying this proposed ordinance Por approximatlp five montYis. He stated the purpoae of the ordinanee is to create a more competitive atmosphere for attracting a varietq of tenants in an industrial zone. Mr. Robertson stated there Was extensive input and suggiestions at the public hearing before the Flanning Commission and those suggestions Were reviewed and mauq ineorporated in the draft ordinance before the Council this evening. Mr. Robertson stated the ordinance defines commereial recreation and classif3es restaurants as Qass I, II, III, or drive-in tqpe. �e stated it is proposed a Qass I restaurant be allowed as a prineipal use and a Qass II restaurant be allawed with a special use permit in a G-1 zone. Iie stated in a F2 zone, it is propoaed that all types oP restaurants, not including drive-ins, be allawed as prinoipal uses. Mr. Robertson stated the main modification in the ordinance is in the I�I-1 and M-2 zones. He stated the ordinanee outlines what uses are permitted with a special use permit such as offices, commercial reta3l, serwice uses and tqpes oP i*estaurants. Be stated maximtmm gross floor area and parking requirements for these establishments is defined in the a�dinance. Couneilwoman Jorgenson asked if drive-ins were allared under the C-2 zone. Mr. Robertson stated a special use permit would be needed Por this type of restaurant. Councilman Schneider stated fast food establishments are c�.assified as Qass II restaurants so he felt they would be permitted. He stated it seems the key is the drive-in window. Ma,yor Nee stated he thinks oP a drive-in as a restaurant like A& W where you stay in your car and the food is brought to your vehicle. He Pe1t probably the term drive-in should be clarified. Couneilman Schneider asked hoW the City could be sure a prospective commercial tenant is notiPied tliat this is a manufacturing district. Mr. Herrick, City Attorney, stated tenants should probably be notified When applying for their food license. Couneilman Schneider stated when saaneone applies for the special use permit to allow the commerical use in an industrial distriet, how do they know whether to apply for the permit, where the maxim� gross Floor area cannot exceed 20 percent or the permit where the maximum gross fl oor area cannot exeeed 30 pereent. Mr. Robertson stated the o�wner makes a choioe when applying for the special -2- 8LL �0�� FRIDLSY CITY COIINCIL I�ETINCx OF NWEI�ER 9, 1987 use permit if 20 or 30 percent of the gross floor area would be oceupied by commerical uses. Councilman Schneider stated he reallp doesn't understand the distinction between the 20 or 30 percent floor area coverage. Mr. Billings, Chairman of the Planning Commission, stated the difference between the 20 percent coverage vs. 30 percent coverage, is that the 20 peroent is direeted tawards servioes that are specifically oriented towards the industrial eomplex ftself and may include uses such as a small delieatessen, barbershop or printing shop. He stated in the option For 30 peroent coverage, it covers a broader service area than just specifically servicing those located in the complex and eould include a facility such as a drive-in bank. Councilman Schneider asked the purpose of the two eategories. Mr. Bill ings stated if so�neone, for instance, xished to have a Qass II restaurant, the owner would have to apglp Por a apecial use permit for each specific tenant. He stated he believed thi� wording eame from staff aFter theq had reviewed several other ordinanees Prom surrounding communities and some subjectiveness was used. . Mr. . Robertson stated if it is the owr�er's objective to provide the sacaller level of service to aerve the immediate vicinity and if the use is kept to 20 percent of the total Pl oor area, there woul dn' t be mueh of an impact ontside that particular complex. He atated iP it is a larger use, it may attract more traffic. Councilman Schneider wondered Why both 20 and 30 pereent requirements on the m�imum �ourit of floor area to be eovered was nseded. Mr. Robertson stated the Planning Commission and staff's concern was the Courieil may want to review the larger eommerical uses on a case-by-case basis. M�yor Nee asked why the Couneil would be irivolved in one special use permit and not the other. Mr. Roberison stated under the option for a maximum of 20 percent coverage, only one permit is required as long as the total commercial uses don� t exceed this 20 percent of .floor coverage . He stated under the option for 30 pereent maxi.mtm� floor coverage, each use requires an individual speeial �e permit proeess. Mr. Riehard Harris, 6200 Riverview Terrace, stated he was at the Pl anning Commission meeting when this ordinanee was diseussed. He stated the original proposal had some restrictions on size which is no longer contained in the ordinanee. He asked iP the ordinance covers all M-1 and M-2 properties in the City with no exelusions. Mr. Robertson stated the ordinanee did cover all M-1 and M-2 zoning districts. Mr. Harris stated from his standpoint as a building owner, he felt the ordinance was great. He stated as a resident, he has some problems with it. He stated the City keeps talking about issuittg special use permits to -3- � c��.�z FRIDLEY CITY COtTNCIL 1rBETING OF NOPEI�R 9, 1987 individuals, but he felt the permit goes with the property. He cited an example if someone, for instance, had a ball batting operation and obtained a special use permit to operate this business and the operator ceases the operation, if a new proprietor would have to apply for another special use permit if he operates this same business. Mr. Herrick s�ated it Would be his opinion, as he understands the ordinanoe, if the use remained the same and at the same location, another special use permit would not be required just because there was a change in the ownzrship or operator of the busin�ess. He stated if the use ehanged, then another special use permit would be needed because theae permits are granted for a specifie use. Mr. Harris stated he didn't believe the ordinanoe covered this ite� as the permit would be to an individual and not the propertq. Mr. Herriek statF:d if the language is not worded in this Pashion, it should be ch ange d . Mr. Harris stated one other cancern is the affeot th�s ordinanc;e would bave on commercial zoning. iie stated this is Idnd of a rezoning Without a zoning ch ange . Mr. Herrick stated in some respects, this goes back to the w�r it was about 25 years ago. He stated if someone wishes to construct a commereial buildng on industrial property, as loag as it is recognized there may be an industrial use adjacent, it certainly isn't hurting the industrial propertg. He felt, however, this ordinance is not that extreme. . Mr. Harris stated from a building owner's standpoint, it gives a lot more latitude and an edge in the area of attracting business to Fridley. Ms. Linda Fisher, attorney representing River Road Investors, stated in May, 1987 she di seussed with staff the possibil ity of a parti cul ar te nant locating in the River Road Investors complex. She stated this business was a delicatessen to primarily serve the employees oP the business park. She stated it was found this couldn't be dor�e under the existing ordinance and diseussed with staff the possibility of an ordinanoe amendment. She stated this has resulted in_the ordinanee before the Couneil this evening. Ms. Fisher stated most cities are moving forward with ordinanoes that allow, in some manner, support services for industrial complexes. She stated she urged the Council's support of this ordinance and felt there were appropriate controls to regulate the commerical uses. Ms. Fisher stated �e does have a concern, which Was expressed bq the Council, regarding the definition of restaurants as it relates to fast,food and drive-ins and this probably should be clarified. She stated she coneurs with the comments in regard to the individual tenant question and felt this question should be addressed in the ordinance . No other persons in the audience spoke regarding this proposed ordinance. MOTION by Couneilman Schneider to elose the public hearing. Seconded by -�- 8NN 6. i ��1_ _� M4_4 •!.1� M. �!?!yi4� �. • _ y��,i: �• _ � : NDTIDN by Gbimcilman Goodspeed to waive the ae�nd reading of Ordinanoe No. 898 and acbpt it on the sev�nd reading and order publication. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion c$rried unanimously. � �i� ,�i_�«_ � i � � i_� � i�J� �_ i �i .': - . � ' i � � �� ' s � � �� • • � _s_��yi � • 4�! �!��4• �� • � : _ �.«� �!� 4��?�� :� _ _ �_ k� �1� � � � 4_� • _4s! �_�� _ ��. � ��i�± -�� _ ��ar� � „i �4_�: ,� � NDTION by (b�mcilman Sdzneider to waive the sea�nd reading of Ordinance No. 899 anc7 acbpt it on the eeoor�d reading and order publication. Seoonded by Cfluncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carriecl �animously. k� �_�s • •' �''• �k_�_�Y__ • � i�� 4 �i�_' • _. NDTTbN by On�mcilman Goodspeed to table this ite�n. Seoonded by Councilman Schr�eic3er. Upon a voioe vote, all voting aye, Ngyor Nee declared the motion carried tmani.motasly. � NEW BUSINESS• i� .�4i =-_ �_ � Mr. R�bertson, �rentmity Developnerit Direetor, stated several questions were raised regarding this proposed ordinanae at the public hearing. He stated the first question o�noerr�ed the definition of a drive-in restaurant. He stabed the def inition is very restrictive and is meant to apply to the traditional clrive-in where there are car hops and food is served and consuned by custaners waiting in a Farked car. He stated this type o€ establishment would not be allowed in these industrial districts. Mr. Robertson stated food estalal.ishments such as McDonald' s, Burger King, or Hardee's are not classified as a typic�l. drive-in and would be allawed under a Qass I or Qass II restaurant in an industrial district with a special use permi� He stated the reas�n for the special use permit prooess would be to cietermirye if any traffic or Farking problens would be created, Mr. Robertson stated the seo�nd question raised was who would inform ariy poteritial wmmercial ter�arits of the inclustrial zone. He stated the Planning CAiraciisson felt that the vwryers of the property should inform a tenant to rel i�ve the City of any e�ress 1 iabil ity. He sta ted thi s req ui resnent i s written irito the ordinanoe, and on an iriformal basis the staff would notify eac� business of the zoning with their building permit application. Mr. lmbertson stated the third question rai�ed was the distinction between the 20 peroerit and 30 peroerit oommercial occupancy categories. He stated in the 20 peroerit occupanc,y, the ordinanae explicitly states that retail uses intended to be supplemental to the district are allowed with a blanket Q� : � � � � � � � �i��i � !! _ �_ 4� •. �l�.�N �1�!� ��' �.�.��„ic a�� 1 , -- . ' special use permit. He stated commercial establishments, beyond those ; supplenental to the di.strict, would require individual review through a special use permi� He stat�ed this type of busiryess would potentially draw frcm a wider market and produoe greater parking and traffic txirdens. He stated this type of tase woW.d be permittecl up to 5,000 square feet for a business and up to 30 peroent acc�,mulative total ornmnerGial occupanc,y. Cb�cilman Schryeider stated he dich't Lnclerstand why there is a differenoe whether a business s�rves the inanediate area or a larger area and why the 20 perc�ent and 30 peroent aategories. Mr. l�nbertson stated, for instance, if the 20 peroent occupancy has been filled in an industrial �mplex and then ar»ther wmmercial establ ishment requested they be allawea to locate in this complex, the 30 percent occupanc,y pravision woulci allaw the Q�Lncii to �nsider this request. Gb�cilman Fitzpatrick stated it seems the people most affected by this prop�sed ordinanae were in favor of it f ran a�mments made at the publ ic ha�ring. Cbimcilman Schneider stated he wasn't opp�sed to c�ommerical uses in an industriat area. He stated his problen is oonsidering the special use permit and if a b�usin�ess would or would nat serve as a supplemental to the industrial district. Mr. Billings, Chairman of the planning Commission, stated if a developer applies for a special use permit to aet aside 20 peroent of his industrial spaoe for anmmericsl. use, staff malc�es a determirr�tion if the business would be appro�xiate as a sup�l.enental use to the industrial district. He stated if someone wished to loc�te a a�m�nerical use that wasn't sup�lener�tal. to the industrial district, this request would be sulmitted to the (b�cil. NDTION b� (bimcilman Fitz�atrick to waive the first reading and approve the ordinanoe upon first r�cling. Sevonded by CAUncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ur�a nimously. � •,• i �_ : �i►� ��1�� ,�r • y� ,�: • : � : -� • �� : • : • � •�� Y� � � � ! �_ i : � • • :� _ • i • •� �! � �_ . : • • � . �i« � «: �Ial' �- =� �4s ;!�' 4� • s � . : � � S� • �u!• .�44• � ��M' �_ « «: a��1; � -_- ' =� �' i � � • �� ' �!� �� • • s _I� _ �� . � : ��I: _ I�i� • � �—: • I . � _ � i i � s � il' �1' • � � �-�"« �- «�� Mr. Robertson, Community Development Director, stated the Planning Com�nission r�viewed this requ�est for a lot spl it and rev�mmended approval with the follawi.ng stipulations: (1) a park fee of $750 be �id with the building permit and (2) petitioner provide as-built storm sewer legal descriptions and agrees to praride easement for same. He stated it would be _� . . ■ :Y. :�r _ � ;\1f� i s-•`- r,•�Y , �f� � ;.:. . � PLANI�ING DIOIISiON r MEMQ R.�I�� t,IM ��t•rJ ZD : Jock Rober tson, Co[�r�uu�ity Devel opm�nt Di rector � City Council . P�!•D FRO[�1: J irn Robi nson, Pl anni ng Coor di r� tor P�i�D LY+TE: I�a�c�:l�er 18, 1987 R�1�RDING: Clarification of Ordir�noe Aliowing some Conunercial Uses in r;-1 Gnd t;-2. C�n Naver�iber 9, i987 the City Council held a public hearir.g on the above referenced ordinance revision. At that time the following questions were raised: ]� What is the difference between a drive-in restaurant and a Class II restaurant? 2) kfio's responsibil ity is i t to notify prospective c�or.mercial tenants of incbastrial zoning? 3) What is the distinction between the 20$ and 30% commercial occug3ncy categories? 4) What is the status of these types of special use permits when uses change? The following clarifications are pravided in like order. 1) A"drive-in" type restaurant is presently reSerenced in the C-2 and C 3 Codes under Uses i�rmitted with a Special Use Aermit. Zh i s use di f f er s from a Class II restaurant. At a drive-in, food is served to and cons�ed b� aastaaers waiting in a"parked" car. Zhis category covers establishments sudi as the A and 47 Restaurant on East River Road. Zhis type of "nrive-in" establis�ment �ould not be allawed in td zones with the new ordir�nce. Because we are adding definitions of Class I, II and III restaurants to the Cflde, we also are adding a oefinition of a"drive-in" restaurant. Class II restaurants would include fast food restaurants and pizza Farlars. Rhese establi�men�s would be o�nsidercd for special use permit on an indivi.dual case basis due to a probable market beyond the district (see Class I restaurant) and traffic concerns. Defining fast food restaurants in terms of drivc-�ap window was oonsic3ered. 'Ihis distir�ction was disc:ussed witi� ti�e City Attorney's offioe and rejeeted as it c7oes not take ir�to account restaurants with siqnificant (25� or more) take out business such as pizza �rlors and oriental food restaurants. 2) The Planning Commission decided it should be the owners sole responsibility to inform any oommercial ter�nts of the industrial zoning. It was felt that this requiranent relieved the City of express liability. �his requirenent is written irito the orciinance on an informal basis we ��ould notify each business of the zoning with their building permit appl ication. : � � ri-1 and ri-2 ciarif ic:ation t•�c�c-r��ber 18, 1987 PdC�2 2 r. 3) Conmercial establishments sunplemental to the ciistrict, with up to 20$ occugancy of the building, axe allawed wit�z a i�lanket special_use permit. Ead� pros��ective business uzder this catec�ory �buld be reviewed for type aonsistency at the time of their individual building permit. Cormercial establishments beyond those supplemental to the district, described in category #3 would require individual review,,thxough a special use pern�it. �hese types of busir►.esses would potentially draw fran a wic7er mG.rket and produce greater garking and traffic burdens. Zhis tyge of use would be permitted up to 5,000 sq. ft. for a business and up to 30% accunulative total oommercial occu�ncy. In other wor2s, a business with a hlanket special use permit for 20$ commercial occupancy would be permitted and additional 10$ with Cotmcil approval of specif i.c businesses. �he total occupancy for the category �3 special use permit oould also be 30$ by itself. With the individual control afforded the City with category �3 special use permits the Planning Commission felt more oomfortable with tfie additional 10$ occupancy. 4) �e special use permit would be issued to the property awner for the building with the #2 category of special use permit. ?he cornmercial tenants oould change as long as they still met the criteria less than 20$ occupancy and supplanental to the district. Category �3 special use permits issued for a special business i.e. a drive up bank would be transferable to another drive- up bank so long as the use was not expanded beyond the original appraved square footage. Zhis criteria oould be monitored throuc� ti�e building pernnit p�ooess. . I hope this answers the primary ooncerns. Additional clarif ication may be pravided vert�lly at the Nwenber 23, 1987 Council meeting. �i if7.� r�- 87-23 0 • ■ . McGlynn Bakeries� One McGiynn Drive Chanhassen, Minnesota 55317 612-474-7444 612-474-9319 FAX October 11, 1991 Ms. Barbara Dacy Community Development Director City of Fridley Municipal Center 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Ms. Dacy: This letter and accompanying Special Use Permit Application Form constitute McGlynn`s formal application to clarify the operation of an Outlet Store at our proposed knew bakery in Fridley. Per our discussions, the City zoning regulations explicitly allow the retail sales of products produced at the site as an accessory use. McGlynn's application for a Special Use Permit is to clarify and expand this authority, as necessary, to conform with our proposed Retail Outlet Store. This approval is a contingency to the Purchase Agreement, a copy of which has been provided to the City of Fridley. The current property owner, Pillsbury, supports this application. 1. 2. 3. Project Name/Address McGlynn's Bakery (Former Totino's Plant) 7350 Northeast Commerce Lane Fridley, Minnesota 55432 Legal Description See Exhibit A Applicant McGlynn Bakeries, Inc. One McGlynn Qrive Chanhassen, Minnesota 55317 8 5 �7 0 Ms. Barbara Dacy October 11, 1991 Page Two Applicant (continued) Contact: Mark Rasmussen Vice President, Marketing/Strategic Planning Telephone: (612) 474-1444 FAX: 474-9339 or Tom McGlynn Marketing Manager, Retail Bakeries Telephone: (612) 937-9404 FAX: 937-0761 4. Owner of Record The Pillsbury Company 200 S. 6th Street Minneapolis, Minnesota 55402 Contact: Jerome J. Jenko Senior Vice President/General Counsel or Stan D. Oleson, Group Counsel Telephone: (612) 330-4966 5. Surveyor Egan, Field & Nowack 7415 Wayzata Boulevard Minneapolis, Minnesota 55426 Contact: Jack Bolke Telephone: (612) 546-6837 6. Intended Use McGlynn's intended primary use of the facility will be as a bakery. Our overall use plans encompass maintaining industrial, warehouse, distribution, office, and retail sales facilities for use in the manufacture, fabrication, assembly, packaging, and storage of food, bakery and cake decorating products and materials; for storage and shipping facilities; for office purposes; and for the sale to the general public of bakery, food, and related sundry items. 8TT Ms. Barbara Dacy October 11, 1991 Page Three Intended Use (continued) This application relates specifically to the Retail Outlet Store which is proposed for the site. It will occupy approximately 3,000 to 5,000 square feet of the 9,680 square feet of current office area at the east end of the building. The primary purpose of the outlet is to sell excess bakery products produced by McGlynn's at this and other sites. Other items to be offered for sale will be secondary in focus and may change from time to time. Additional items would be added primarily as a convenience to our cnstomers. It specifically is not our intention to broaden the line of products to an extent where the store would resemble a supermarket. Products sold at the store may include: a. Any McGlynn's Bakery products, regardless of source of production. b. Other bakery and food products. • Examples: Croutons, specialized crackers or cookies, holiday "gift" packages. • Note: We may occasionally even tie in special sales of other products with ours such as "pizza topping" to go with a sale of our �nglish Muffins. c. Beverages such as coffee, milk, soft drinks, and juices. d. Items related to cake decorating, baking, and parties. • Examples: Cake decorating kits or components, cake decorating utensils, baking utensils, bakery ingredients, cookbooks, party napkins. e. Dairy products such as milk, cheese, and ice cream. f. Fresh, frozen, or canned fruits and vegetables to compliment bakery products. • Examples: Strawberries sold along with shortcake or angel food cakes. g. Miscellaneous sundry items. • Examples: McGlynn's logo sweat shirts, T-shirts, caps, glasses, etc. McGlynn's requires a Special Use Permit broad enough that we will not be restricted in offering innovative new items for sale to help meet our customers' needs. The Retail Outlet Store would be open seven days a week with hours varying depending also on customer need. As an example, our Eden Prairie Outlet Store currently is open 6:30 ��:OO p.m. weekdays and 7:�0 a.m. - 4:00 p.m. on weekends. Ms. Barbara Oacy October 11, 1991 Page Four Intended Use (continued) Attached is a rough drawing of where the Retail Outlet Store would be located within the building. A complete new survey of the property is currently being completed and will be delivered to the City of Fridley as soon as it is available. Detailed plans for the office and Retail Outlet Store are not expected to be completed until spring of 1992. The overall bakery is expected to begin operation in the fall of 1992. Certain operations, including the Retail Outlet Store, might begin operations earlier depending on the construction schedule. 7. Zoning: Current property zoning is Heavy Industrial M-2. 8. Land and Buildinq Size: A complete survey of the property is currently being completed by Egan, Field & Nowack. n copy of the survey will be delivered to the City of Fridley w��n it is available. The following information is based on the prospectus provided to McGlynn's by Towle Real Estate Company who is the broker involved. a. Original Parcel: 9.79 acre (483' x 883'), 426,635 sq.ft. b. c. d. e. Added Parcel: Building Size: Land Coverage: Parking: 1.0 acre adjoining parcel to the north (also currently owned by Pillsbury). Footprint 125,000 sq.ft (approx. 200' x 500') Total Area 144,680 sq.ft. 34% prior to addition of one acre. 220 striped spaces.� 9. Anticipated employees: �Approximately 285 within initial 6 months of plant opening. Approximately 15 employees will be involved with the Retail Outlet Store. 10. Landscapinq/Parkinq/Buildinq Appearance: McGlynn's does not currently anticipate any significant changes in the existing parking, landscaping, or overall business appearance. McGlynn's signs will replace Pillsbury signs and there will be a general "sprucing up" of the property appearance. Additional signage will be added specifically for the planned Retail Outlet Store. To the best of our knowledge, the property currently meets all City standards regarding parking, signage, and general appearance. Any changes by McGlynn's will be consistent with the manner in which these standards have applied to the property in the past. 8 VV Ms. Barbara Dacy October 11, 1991 Page Five Landscaping/Parkinq/Buildinq Appearance (continued) Regarding the Retail Outlet Store, McGlynn's will designate specific parking spaces, including handicapped, near the door for customers. We will add appropriate signage both on the building and near the driveways to both attract customers and clearly direct them to the store. Specific signage plans will be available in spring, 1992. I hope that this information is adequate for your needs regarding the Special Use Penait. If you have any questions, please call. Sincerely, ;�?�.G�'v��1 Mark Rasmussen Vice President Marketing/Strategic Planning MR/gd Enclosures c: William W. Burns Helen Brooks Burton G. Weisberg Pat Boedigheimer Mike Dunker Tom McGlynn . � r � _ � DATE: TO: FROM: StJBJECT : Community Development Department PLANNING DIVISION City of Fridley November 27, 1991 William Burns, City Manager�� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Resolution Approving a Lot Split, L.S. #91-03, by McGlynn Bakeries; 7350 Commerce Lane N.E.. Attached please find the above-referenced staff report. The Planning Commission voted unanimously to recommend approval of the request to the City Council, with the following stipulations: 1. 2. 3. An agreement between the property owners outlining how and when the nonconforming parking area shall be corrected shall be executed prior to filing the lot split. The parcels shall be combined for tax purposes in separate school districts. An amended drainage plan shall be submitted. Staff recommends that the City Council concur with the Planning Commission recommendation and approve the resolution authorizing lot split, with two additional stipulations: 4. If the parking area on the now vacant parcel is used at the time of the property's development, the City's storm water requirements must be met. 5. Pillsbury Company shall execute the Amendment to the Easement Agreement prior to filing the lot split. MM/dn M-91-850 RE50LUTION NO. - 1991 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #91-03, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS WHEREAS, the City Council approved a lot split at the meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to parcels: Parcel A split property into two separate That part of Lot 3, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying North of the South 54.70 feet of said Lot 3 and East of the following described line: Beginning at a point on the north line of said Lot 3, distant 205.00 feet east of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3, distant 125.00 feet east of the southwest corner of said Lot 3 and there terminating. Containing 274,449 square feet or 6.3005 acres more or less. Parcel B That part of Lot 4, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described line: Beginning at a point on the north line af said Lot 4, distant 15.00 feet east of the northwest corner of said Lot 4; thence southerly parallel with the west line of said Lot 4, to the south line of said Lot 4 and there terminating And the south 54.70 feet of Lot 3, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the following described line: Beginning at a point on the north line of said Lot 3, distant 205.00 feet east of the northwest corner of said Lot 3; thence southerly to a point on the south line of said Lot 3, distant 125.00 feet east of the southwest corner of said Lot 3 and there terminating. Containing 461,636 square feet or 10.5977 acres. 8YY Resolution No. - 1991 Page 2 This propert� is the former Pillsbury Frozen Food Processing Plant, addressed as 7350 Commerce Lane N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate lots. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs�the petitioner to record this lot split at Anoka County within six months of this approval or else st�ch approva� shall be n�ll and void. 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 Resolution No. - 1991 1. An agreement between the property owners outlining how and when the nonconforming parking area shall be corrected shall be executed prior to filing the lot split. 2. The parcels shall be combined for tax purposes in separate school districts. 3. An amended drainage plan shall be submitted. 4. If the parking area on the now vacant parcel is used at the time of the property's development, the City's storm water requirements must be met. 5. Pillsbury Company shall execute the Amendment to the Easement � Agreement prior to filing the lot split. � � � � ., ., � � STAFF REPORT APPEALS DATE C[�QF PLANI�NG COMMISSlON DATE : November 13, 1991 F�D�.� CITY COUWGL DATE : December 2, 1991 �� 1�trt/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING �$ PARK DEDiCATION ANALYSIS FINANC{AL lMPLICATtONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION L.S. �91-03 McGlynn Bakeries To split a portion of Lot 3, Block 4, Commerce Park, and combine it with Lot 4, Block 4, Commerce Park 7350 Commerce Lane N.E. t0.79 acres M-2, Hesvy Industrial M-2, Heavy Industrial to the North and South; C-1, Local Business to the West; M-1, Light Industrial to the East Approval with stipulations Approval •] �l �] � L.S. �9]-03 McGlynn Bakeries /O, T.30, R.24 FR/OL EY ; � � l C� U U I NE �bpNER � L E�� „_._. ,;�.._ �iM� Xs.: . ��/I: ".��_.r-rn '��//'d '��r^:�. a ✓ �Eii.�J7�Rf1At� " N, a � ^ , ' � � �• � EAST RA CH £srArEs �j F/RSfi� ��'y, i � . � � 1. =; �'ES TES �'' � . a �' � y Sw ��` :Y ' TH/R ADD. :�, t3 Aoa„/ � (u " � �, \ \�-`, , n, '' (v ,», . .,�• � \ � (K� : / —s (':�r�,� s \ (� ; . � • - `i' `. d (� \ � . . � r p•s �,. � 1 ', i p� • �� ` �„�� . }t � � `\ / • / ': �., r �� ' S � �,'� '�+''� � ` �; � �y � � I �� • � ;p �`Sgt �d �i� � `\ \ ,� S�eO`�`Y`Q� �' i : � 10 . � . ., . , '-,$ �� _ .. 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' , , !� p) l.uo/ i � i:_� i fi�ool ! v ZE W ;,;' ti�j� ! ia -- � � C� ��00! � y K . ' , • � � . ; o. n,� � � to aw� � � : Q ° ht�� C�i(SOO! � W I; �1 �o � . � (9rtto! .N . � �¢;; luuo! � 4 • rs (D! ��00! hiia � t � (`'�6JSO! � � � ' ��r�, ' h�f�soJ 't �,d�, ' ; r, � � t (nlsocl � ) /6 __ ; � �E . { ti i � u u�l n'ol ` k� i j� to ,l � �+� . ♦ I � �� q�J r � (�� cr � lrsaol n�o! ryoo� t iy ii • " a �r' '.= � S4 '/�j�` ��,.��f. ^ �,�.� __�:_ - ; , �----, �----j � j 23 8CCC LOCATION MAP Staff Report L.S. #91-03, McGlynn Bakeries Page 2 Request The petitioner requests that the lot split be approved to split the south 54.73 feet of Lot 3, Block 4, Commerce Park, in order to combine it with Lot 4, Block 4, Commerce Park, generally located at 7350 Commerce Lane N.E. Site Located on Lot 4 is the former Pillsbury Frozen Food Processing Plant. Lot 3 is vacant. The properties are zoned M-2, Heavy Industrial, as are the properties to the north and south. There is C-1, Local Business zoning to the west, and M-1, Light Industrial zoning to the east. Analysis The petitioner is proposing to split the south 54.73 feet of Lot 3 to combine it with Lot 4 in order to provide adequate lot area for a future building expansion of approximately 20,000 - 30,000 sguare feet. The additional area equals approximately one acre. The new lot line will cross the truck parking area located on Lot 3. An agreement between the property owners outlining how and when the nonconforming parking area will be corrected will need to be executed. A 50 foot drainage and utility easement is located along the existing 1ot line between Lots 3 and 4(see site plan). A portion of this easement may need to be vacated to accomplish the petitioner's expansion plans. The City has access to a drainage pond located west of Parcel A over the existing parking areas. Once the building expansion has been completed and the parking and driving areas have been relocated, the City will need continued access to the drainage pond. This can be accomplished by amending the current access easement and can be done at the time of the vacation request. The new building expansion will not be able to encroach closer than 60 feet from the lot line as required by the building code. The lot split does not adversely impact lot area, lot width, or setback requirements. Recommendation Staff recommends that the Planning Commission recommend to the City Council approval of the lot split, L.S. #91-03, by McGlynn Bakeries, with the following stipulation: 8EEE Staff Report L.S. #91-03, McGlynn Bakeries Page 3 1. An agreement between the property owners outlining how and when the nonconforming parking area shall be corrected shall be executed prior to filing the lot split. 2. The parcels shall be combined for tax purposes in separate school districts. Planning Commission Action ' The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission added a third stipulation to those recommended by staff: 3. An amended drainage plan shall be submitted. Staff Update The Engineering Department is working with the petitioner to correct flooding of the parking lot after heavy rains. This flooding also occurs in Commerce Lane (see attached memo). In preparing his memo, the Public Works Director also suggested that a stipulation be added regarding the parking area on the vacant lot as follows: 4. If the parking area on the now vacant parcel is used at the time of the property's development, the City's storm water requirements must be met. Finally, since the Planning Commission action, the attorneys for both McGlynn and Pillsbury have revised the existing easement agreement regarding access to the City's drainage pond. That agreement was originally executed in 1981 and permitted the City to use all parking areas on site to gain access to the pond. The revised agreement will dictate that access is permitted on the northern side of the McGlynn lot. Further, the agreement clarifies that the railroad spur track was intended to benefit Lot 4, or what will be McGlynn's property. Therefore, another stipulation should be added as follows: 5. Pillsbury Company shall execute the Amendment to the Easement Agreement prior to filing the lot split. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action, plus the two additional stipulations as follows: 8 FF F Staff Report L.S. #91-03, McGlynn Bakeries Page 4 4. If the parking area on the now vacant parcel is used at the time of the property's_development, the City's storm water requirements must be met. 5. .Pillsbury Company shall execute the Amendment to the Easement Agreement prior to filing the lot split. 8GGG L.S. #91-03 McGlynn Bakeries �3 '+4 f ':;;.1 ( _� 4 i i ' '- ':r � '•i :j ..s 's� i�t.t.i a .�.,!�i - �! t e� � � � ;: �ii !� 'i= t� t� E�i�[i; �F =.�•� S �� i !! i i ?r �l.F `i ��j �* sij .. - . ��3 1�,•t j,� ��;jl�t ; ti � i: � ! i j :' �#=s� ;i ;13 !i ;9;s �!1 i�::'�ti. t�;�.�' '� �# � { + . � 1 �� 's�' f' t �; � � ss�� i .) j- � ii { � �t jSi'• i�S� 71�� - 1'� t :�.;:=!3��,��-j; ;� i � t � ; � ._! :.�', .: ,_• J� ___'� }= (=ii�s�ii i i itls . � a� � �ti f ! f! 4�; lyiii �F !s� ��_�� i: ��-3::;�, �iit �� :i # �iL�e � ; � i3ii ': � c• �rtt : :�a i• . t; 7i� �[ s�s � f �p�. t i �eu t ��i'• j� I�a lii's ... �•� i ]a��il�i:�s � : j }� s l�i � � t ... ! ii !j r �� s� . . .-.. i i� �a{ L�; F S i I= j;��;'s_i3:;a!:�,��i�le i�� i (� i a � � �ia� �! 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FRIDIL�'7C, 1+�I 55432 don�o�aiity DevelcQmeat De�arEmetit j612) 571-3450 • _ �_i+ v• •. � ��•. �DPEI�PY II�o�TIC�i - site plan required for subnittals; see attac�ed �.. - 1 ►� i-. �iiii- .1' � u ��- � Iegal desc,riptio�: See attached Exhibit A Iat 3& 4 Block_ 4 Trac�/Additiaa� Commerce Paric, Anoka County Approx:�::9.79 acres/426,635 C�rrnnt zonir�g; Heavv Industrial- Square. foatage/acr+eage to be °.combined with approx. M-2 ., � 1.0 acre/43�;560 sq.ft. Reason for lvt split: McGlvnn's. is aurchasinq the former Totino's olant and an._. a�.ioining one acre from Pillsburv. McGlvnn's would li,�,e the p�ropertv combined,,. o e nit. FEE � II�1�,TI�1 (Conttact Purchasers: Fee Owners na�st sign this fona prior tA P��!) 1�ME �'h� : Pi i l sbur_y Company AD�ESS The Pillsburv Center, 200 S. 6th St.. Minneanolis. MN 55402 �� (612) 330-4966 SIC3�ZURE L�ATE PETl'TI��:It II�II�ORi+�i'1'I�t I��1ME _ McGlvnn Bakeries. Inc. ADC�2ESS One McGlvnn Drive. Chanhassen. MN 55317 � � (612) 474-7444 SICNPiZURE �!�L�J�""�%�.�-yi�k�Z.—� L1ATE Mark Rasmussen, V.P., Marketing/Strategic Planning Fee: $100.0o Check Attached P+ezmit L.s. # � / -�j R�oepit # �..� �i �o d � Applicatiari received by: s�ul.ed Planning �nnission date: `'ji 0 �� . �� I`� �I I Sc�leduled City votn�cit date: ��'� sq.f � � TO: FROM.: DATE: SUBJECT: Engineering Sewer Water Parks Streets Mainlenance MEMORANDUM William W. Burns, City Manager PW91-354 John G. Flora,�Public Works Director November 18, 1991 Drainage for Fillsbury Property In response to your memorandum of November 15, 1991, regarding th� above subject, the following is provided for your information. Based upon our past discussions, we are preparing to complete plans to install a storm water lift station to service the truck.parking and loading area behind the current Totino facility. The plan calls for accepting the water which collects -in this area and pumping it to the Burlington Northern Railroad ditch which flows to the south and, ultimately, into the Community Park and Rice Creek. We have not addressed the flooding of Commerce Lane and the employee parking lot to the northeast of the Totin� plant. This is:a re-occurring problem resulting from the restriction of flow into Oak Glen Creek at the Burlington Northern tracks. The remaining Totino property to the north, which is being retained by Pillsbury, currently does not have a storm water problem, but would have to be addressed, if the property is developed. Any storm water plan for this area would probably either affect Commerce Lane or the Totino pond which would have an effect on the Commerce Lane north employee parking lot issue. JGF:ch �: Barb Dacy, Comm. Dev. Dir. 8JJJ / � CfTYOF FR1DL.t.Y 612 54b 3992 llil5i91 15:36 $612 546 3992 f�j 002 AMENDMEIJ'I' Td EASEMENT AGREEMENT THIS AGREEMENT made and entered intc� this day af Navember, 1991 by and between City of Fridley, a Municipal corporatid� under the laws of the Stat� of Minnesota (b�ereinafter "Frid�.ey") and The Pillsbury Corup�ny, a corpoz�tion under the laws of the State of Delaware (hereinaftez "Pillsbury"). W I T N E S S E T Hs WHEREAS, Pil�sbury and Fridley ex�cuted and entered into that cer�ain instrument �ntitled "Quitclaim Deed and Easement Agreement" clated June 22, ].987., and recorded on June x3, 1981, as Document No. 572808 in �h,e office of the County Recorcier of Anoka C�unty, Mi,nn�sota (the Klnst�ument"�; and WHEREAS, Pillsbury canveyed to Fridley parsuant to the �uitclairn Deed provisions of said X�nstrument a portion of Lo�s � and 4, Block 4, Commerc� Park, Anoka Caunty, Minnesa�a ("Lot 3" and "Lot 4", respec�ively), mor� pax�ticularly described in said Instrument, together t�ith a perpetual, non-exclusive easement fvr reasonable ingress and egress over raadweys exis�inq upon Lot 3 and I�ot 4, (the "Roadway Eas�ment"), but reserv�ng the right in Pillsbury, in its svle discretion and at a.ts vwn �xpense, to relacate such roadways upon said ?�ot 3 and Lot 4; and wHEREAS, Pillsbury further rese�ved fram th� abave d�scribed conveyance a perpetual, exc]:usiv� easement for the c�r�stz�cti�on and maintenance of a spur track from the W�st �nd the Burlingtcn Northern Railway line to Lot 3, said spur track to be lt�aated by Pillsbury and canstr-ttcted and maintained at Pillsbury�a vwn expense (the "Spur Track Easement"); and WHEREAS, �he parties her�to agree that the locat�on of �;he Roadway Easement is vague and conFusing, and a.n order to eliminat� said problem, they desire to provid� a d�finite and pr�cis� description of the locatian and dimensian of said Roadway Easement; and wIiEREAS, the parties agree that th� Spur Track Easement was int�nded ta bene�it and xun ta Lot 4, ratber than Lvt 3. NoW THEREFaRE, in consid�aratian og the sum of One Dollar, and othex gaod and �tr�luable� �onsideration, the receipt and suf�iciency of which is hereby acknowledged, the parties . r r 612 546 39g2 11i25i91 15:37 $612 546 3992 here�v agree that the Instrum�n� dasc��,bed h�reinabove as Document No. v72808 be am�nded to re$d as fol�,owss � 003 "WITNESSETH, that pillsbury, in �onsideration of the sum a;f One Dollar, to it i.�a harid paid by Fridley, receipt� whereof is hereby aGkt�owledged, and other vaYuable Gonsiderations, does h�reby Grant, Hargain, Quftalaim, and Convey unto Fridley, its successors ar�d assigt�s, Forever, �lI that parcel o� land lyxng �►nd being in the County of Anaka and State of Minne�o�.a, and desaribed as fo].lOWs, to- wit: That pa�t of Lots 3 and 4, Blc�ak 4, Commerc� Park, Anoka county, Minn�sota, described as: Heqinninq at �he Northwest corner o� said Lo� 3; Thence easterly along the north line ai said Lo� 3, a di$tance ef 205.00 teet; Th�nc� southerly to a poin� on the south line of said Lot 3, located I25.00 fi�et East of the Sou�hwest corne� of said Lot 3; The�ce wegterly along the south l�ne of said Lot 3, a distance of 110.00 feet; Then�e southerly, along $ line parallel to the west lin� of �aid Lvt 4, to the south line oE said Lot 4; Thence west�rly ta the Southwest corrier of said Lot 4; �hence hortherly, �lvng the west line of said Lat� 4 and 3, xespectively, to the paint of beginning; subject to easementS o�' record; TOGE�R w=THt a perpetual, ncn-exclusive easement fvr reaeonable irgress and egress over:a ro�dwa situate � the south 26.a� feet of Lo� 3. Blaa]t 4, Commerce Park �� Beginninq at a point on the north line of said Lot 3, distant 205.00 feet east of the r�orthwest �orner of said Lot 3; thence southerly to a poin� on the south line of said Lat 3, distant �25.00 feet east of the southwest corner of said T,vt 3 and there terminating. Pi�lsbury hereby resex vinq the right to itself and its �successors and_assi_�,, in th�r� soie d scret on and at the�,�r own expense �o reloca�e such roadway upon the Sautli 54.70 fee� of I,dt 3�nd Fridley h�reby 2�c�r es thst it�s use af the easement erein gr�nted shall not interfere with nvrmal business opera�fons of Pill�sbury, its sua�essars and assigns, and that Fridlev sha�.l qrant ta Pills urv. s successors a cur -aut E� �aa �asement aoes »ot include the right to park, store Qr detain vehicles, equipment, suppiies or other property upaln the afiected roadway�or to dbstruct such roadway� ^in any manner, and said easemerlt' shall be appurtenant to t�ie� premises 8LLL 612 546 3992 11i25i91 15:38 $612 546 3992 ._ _._ 1�004 herein conveyed, and shaii be a burden upon said r�ts � and 4, and shall run `,rith the land; and FURTHER, exceptirtq and xeserving from the remis�s h�x`ein ,^ onve �d a pezpetu�l,�xciusive easement for �on$ on an ma ntenance of a spur t,rack from the� west and the Bitrlfttqton Narthern Railway lin� to said Lot 4 Block 4, Commerce park, said �pux traak to be �,ocatad by P�l�sbury, its successvrs and as�igns, ar►d shal�, be constru�ted and ma a n � e�a e�1se of Pillrbury, ts successoxs and as,si q ns, an i^"' i� 1 7 Q ��r s�r.i 1�� „---- -- use of the Porega.�nq easement �a a�Tno .. �'�GG `�`�4 `'"��r w'ireasonably """"'"`"" ir�terfere with th� normal and usuai use c�P the premise� herein comreyed as �, bikew$y/walkway and deteritiox� pond foz s�oxzu water dr�tin�tge, and said easement shall be appu�tenE�t to �aid Lot��,�hall be a burden upon the premises h�rein • �anveyed, and shall �uri with the lax�d; and FURZ'iiER, excepting an$ reserving from the remiees h�rein corivey d a perpetual, non-exaiusive easement for draulage og al rfatura].ly occurring wa�ers pn and frc�n said Lots 3 anCi 4, Block 4, Com�nerce Park, and Fridley aqrees that, it will �no� cause or permi.t any m�terial abstx�ucti,on of s$id drainage ei�her by the construction o� �provements ar by the �lteratioxt of the grade of th� cvnveyed pze�aises, and said ��sement shal� be appurt�nant ta said Lo�s 3 and 4, shal.l be a burden upon the premises herein co�veyed, and �ha11 run with the land; Snd 3U$,7ECT TO Restrictions and Covenants as hereiriafte� set' forth, the s$me to run with the land, enforceable at law or at �qui�y, being fcr the benefit of each and all surxc�undinq and adjacen� landownezs a�d their respe�tive �ucces�ors �r�d assigns: (1) No building oz� superstructure shall, be built, ert�cted � • or ma�ntained thereon which shall �xceed the elevation or grade af adjoin�ng lands, and no rock, gx2�vel, claY, or soil shall be excavated ar r�moved therefrom for conemercial purpos�s except as such materials need be remov�d faz the pUrpos� af constructinq thereon a bikeway/w�lkway and detentian porid for stox�p wat�r drainage; and . (2) No use there�f shail be m�de except �s sha►11 be d�emeti in good faith necessary �nd expediex�t for the publio healtt� and welfare; and (3) Na weeds, underbrush, refuse, o= pcilut�d waters shal.I. b� permitted to gather �r remain thereor�, and Fridley shall msintain the same f.n a clean, safe, arid attractive condf.tia�; and (4) Fridley shal�, pramptly compensate Pillsbuzy, i_ts_ 8MMM oic -�4� �� 11i25i91 15:38 $612 546 3992 Bucc�s�sors or assi s far any and all d�paqe �o andscap nq, roadways, cUrainpipes, and the like o�vned hy Pillsbury, �.ts succes�ors or �rssi g which is caused by or arsses rom construc on, mai.ritenance or presezvation by Fridley of a detentian pond or bikes�tay/w�lkway upon �he pr�mi$es herein aonveyed= and 005 (5) =mprovem�nts to l�e made upon the premises herein conv�y�d s�all rtot be deemed a ben�fit to said i,ots 3 and 4, Block 4, Com�aarce Park, for pwrpvses of the levy af speci�i assess�tents, arid anx suGh special �ssessments aq�inst said Lots 3 a►�d 4 shall be deem�d satisfied by reason di the �anveyance.herein affected. TO HAV$ AND TO HOLD TKE SAME, Tag�ther with all the hereditamer�ts and appurten$nces thereunto belongfnq or in �cnywise appertafning, to Fridley, its successors arid as�igns, Forever." � IN TESTIMONY WI�REOF, the parties have Cause$ thi� Ins�rument to be ex��uted in their corporate names as of the day �nd y�ar first abcve written. � b�l-� 8NNN THE PILLSBURY COMPANY By Its CITY t)�' FRIDY,EY By Its b11 54b 3yyL 11i25i91 18:39 �`612 546 3992 STATE O�' MINNESOTAj )ss CQ[7NTY OF HENNEPIN) �� 4 . . The foregoinq instrum�nt was ackncw,l�dged before me th�.s day of , 1991, by � a , of the Pills�ury Company, a corporatian under the laws of the 3tate of Delaware, on behal# of the corporation. Notary public STATE OF MINNESQTA} jSS COUN'�Y OF HENNEPIN) � The foregoing inst��nt was acknowledged before me this day of , 1991, by , the cf the City af Frid�ey, a Minnesot� municipal corporatian under the laws af the State of Minnesota, on behalf o� the corporation. THIS INSTRUMENT W,AS DRAFTEb 8Y: B11-7 i � � � N�tary Public 25i91 ►, � k f 1 77t � - ?il?�� a?Y(a� �,; j � TNIS tNaQ�URF Jlt� AGREEtIp1T. �d� thfs dty ot Jur�. I481, bei�een The Pflispur�r Cp�p��y. � Cpy,pp�ti0n �� lalfs 4f ttpt Stat� of Delaware. (hCT�1[tafLtr "Pi11Eh1l1Py"j and tht C1�jr of Fridl�,tat �vnicitia�i corporatian wnier the la� o} t.fie Stat�! of MiMesota. (herein�fttr "Frfdley"). YITHESSETN. that Pilisbirr�r• ia eonsideratios of t� sud OeK poi]ar, !a tt in hsnd paid by F�idtr�r. r�ce�p! vhereof ts Aeroby sckrqrried�ed. and other vslwble oonsieerattat�s, does hereby GraaL� Bargain, QuiL�liim. aad Cor�vey nnto Fridtey, its sveee=sors a�d �ssiqns, forever, ali Lltat Minneaota.�an� d�� Mb d isifoliows�to� x tX o� Moka at� State of � That part o! I,ots 3 and 1, Bloelc 4. Co�erce park, Motca Cou�t]►. Nfn�sat�, deacrlbed as: 8eqi�ning et the fbrthwest eorne� of aiid Lot 3= Thence eastrrly aloeg the north line at sild �ot 3, � disli►A�! of 205.00 feet; TherKe svutherly to a point oq th� aouth line of s�id Lot 3. tocaxed its.ap felt E��t of tbe Soothw�at corne� a� s�id to� 3: Thu�ce aesterly alonq the south itee of said �ot 3. a distae,ee af 1t0.00 feet; Thence southerlY. aiarq � ti�e paraliel ta the NeSt 11ne ot s�1d Lo: 4. to the sputh 1tn� of s�id �oL 4: Thente �+esterly tp �he Southwest car�er vf satd Lot 4: The�ce nartherly, sloeq the r�ast itee of aaid tots 4 aad 3. respeetively. to the �loipt of beqiAping: subJecL to ease�u ot �eord; iOGETHEe IIITtt a perpetuil. aoa-exclu=tv� easement t'ar reasoeable iaorcss �nd e4ross aver roadways existieg vpon siid tols 3 and 4, B1ocR 1. Coaa�rte p�rk, p�ttabury hereby reservitiq the right in its scie dtscretion and at iLa oNn exp�ns� tti relocate such roadways upon said Lots 3 a� 4, a,�d p�idt�y h�reby �9,,�as that 1ts use ot the easement herein gra+�ted shali not lntefftre wlth ttorroel business operations of Pf1ls�ary and further that Ll�ts easeaent does �ot tnclude tAe riqht Lo park� store or detaip vQbtcles. equtpm�t. s�pptles or other prope�y vpon tl,e tffeat.ed rpidways ar � obst�tt such roadNays in any pu��T� ��id �alm�1L sh�11 bf aRPurtenant to the pt�emi;ls hereln tonveyed� =ha11 b! � burden upon safd tots 3 aed 4, and shall rtm wi#h thr land; tad FUftTHER. exceptina �nd reaervtero tt�eret'ron� a perpetual. exclus�ve easee�et fot� constructlon aad �painte�ance o! a sp�r tre�ek frqp the west and the 8ur1 teqtot� (lortl��rn Ra��tiqy t ir�e to satd Lot 3. Block •�. Wa�erce Pmrk, said :ou� traelc tti bR lacated oy p111s6ury end cons=ruct� and maintelald it p��lsburjr's o►m expepse, and Ptllsbury aqrees that tts use of t!►e foregqfng easaaent sha11 not ur�reasoaabty intertere with Lhe norm�el and uaual uae o� the p�ises herein conveyed as a biket�arJ►�Ikwsy and detention pond tdr =torm xater shallabQ�a�burdea up�on �etpr�i=eseherfln canv yed,saeiid shalj�run with the l�nd; and fUR11�ER, �xcepting and reserviny tt�orefrom a perpetual, eoa-exclustve easemeat for drainage of a]1 Katurally oecarring wters on ard troar said I.ota 3 a�d 4. Bloek 4, Cd�r.ce parfe� aad Rridley �qree= .l�at 1t will rtot cautt or permiL any a�t,erlal obstn�ction of �id draieuge elther by the canStructlon ot lmpt�ovementt pr by t.he altt�atio� of the yrade of tlie Cpnv�ye�! pr�ui;es� tad said taseaa�t Yh�,ll D� apptrrten�nt to said I.ots 3 ind 4� sh�lt b� a burden upoe the premises hereln �onv�yed� a�d sh�1i � tH Lt� the 1�nd; and SUBJECi TO Restrtctio�s and Covenehts as 1Kreit►aftet" set forth, the same to rua with the 1and, enforceabte at ta� cr at equity. be;ng for the benefiL of each and ali surrounding and adjacent landokner3 and lheir rggp�t�ve succestOrS aRd �SSign;; (�} r+o euttdtnq or superstrvctur� shei] bc Quilt. erected ar inaintai�ed therean rhlch shall exteed the elevstioq or grade of aQlolninq lands. and no rock, gravel, • � . ■ . . ��` �•�! ; � Y.4�''ah��T<'p;� �C,';t�'. Yy�t: . C�� Q��O��'�i .. � - . . lor,°co�a.rcial � ' he ra�aoved. fcr � such a�tartats ni�• . �s � � .. � �.. ' i�i _ . • �!' . s•_c• biklwtl►1�1�Ay �11d def,QRLlOIt p011d fml`�� W� a. •':: . ='� drat�uge J , � �ir � • �Y •. �••• � .. .... - .�.: . . �•_ Y'' ..•' ,�;.�•:.:;`! ' _. .-•t"":;: : . " .. (Z) t!o use theraof•sha�T�beiaeda extept�as'shall be • .. deeaied in aod' faith eacessa�"Y� and expediea� !or ehe . � . . ,pua�ic hrs�lh �nd �elfare;.a�cl� . � , , � . t. (3} No wetds. v�erbrush;�retuse..or pollated watera ° • shail be peraiitted to gatyer or reatia thereaR, and Fridley ahai] �alnt�ie th��a�ae tn a cteair�;safe, a�d �ttractsve cor�stioa; aqd . =, . {4) Fridley shall pt+ompt�y'-�pisate Rillsbtt�y for any and al] d�aege to 1aRdseap�n9• rosdways. drsiaplpes, and tt�e like ow�ed by Rtllabury rrhlch is cansed by or arises !rom conatruction, �eintenance or preser�ration dy Frldtey af a detet�tion p�� or b�kebay/waltt�ay �pon �$ p�ses hertin coaveytd; �nd � •�a,. :r ;.;;'� .. (5) Ia�provc�ents to be a�de upon the premisea herein conveyed sha11 �a; � deq�d a beatftt tcr said Lots 3 and 4, Biock 4• Coa�nerce Park, !4T purposes of the ievy vf speciai assessments, and iny suct� sp,eeial aas�saments against said Lots 3 and 4;t�a�� pe �ep� =�tisfted by reasor, of t[ie conyayiric� herelr� �ffeoted. TO HAYE AbID TO H� THE SAME. TOgetlier 1Nth alt the heredita�aents �nd appurtenantes thereuelp beionglag vr !o �nywise app�rt�fning. to Fridley, its successors and a;a1g�ls. Fot'elrer. IN Tf$TI�M► iIHEREflF, tiie pa,r�tles have caused these presents ta be executed in their corporate names, aad the corporate s��]r to be hereunto affixed the ddy attd yEar iirst a60Ve writ�en. � ; .: ' . . . ,. •; .. � ..' • f j: �, THE PIL p� .:�: ��, . ', . :��; � %, -. �_'^% Its Ce res. � ._: . - ' . � •.�: . �, _ .. �•'; i` . ACC�BD B�f? CIIY Q� ��4[fW� .:'. ,'` ,l ,tiy .- 8y .�...•.• I!s State af Mteaesot.� ' � � �� e� R �to � ae+1 SS '1 !'�tA�Y SbCL��IW� County of � �T The fareqoing inst �' �p June. 198i, by w. Richard tltc1c41� !cr P Company. a peiawar8 Corpar�tloa, o� beha Stnte af Mtnnesoca Couaty of Moka ) Ss. Tvre � this (y[`�day of a! 7hs F111sb�rv on. The fore4otng iastr�,ent was acknawledged before u� thls 2?.»d aay of June� 19$1� .by 1111iiAm J. Mee d� r of the City oi Ft+id%y, a Minnesota anmic pa corparat on. on a of the c ration. f. �� Thts iastr�m�eaL yraa ° h' c drafted by: --•�+--- .-• t8w Departateot ��a�11R�Z The Pillabury Campany e�■1r • 8tZ Pillabary Bullding . �M _��wf.�w . 608 Second Avenue Sduth � Hinnedpolls� Wi 5S4pZ . ��., . , •,�. SLate Deed Tax Oue S� jo u'� _ . V�Q� � . . ;� . ..f,� . :;� � FINANCE DEPARTMENT 0 �r MEMORANDUM WILLIAM W. BIIRNS, CITY MANAGER � TOS � �� ' FROM: RICHARD D. PRIBYL� FINANCE DIRECTOR ' DAVE DIIBORD, ASSISTANT FINANCE DIRECTOR SIIBJECT: COIINCIL MOTION TO WRITE-OFF OLD OIITSTANDING CHECRS DATE: November 26, 1991 Attached is a list of two (2) checks for 1990 that we request Council to approve a motion to write-off. Donna Tjornhom, Accounting Specialist, attempted to contact by mail all vendors with outstanding checks. There has been no response from the named vendors on the attached listing. We recommend Council approve a motion to write-off these outstanding checks. RDP/me Attachment(s) L�J 1990 OUTSTANDING CHECKS CHECK DATE CHECK # VENDOR AMOUNT 03-08-90 05-03-90 31171 31974 Cindy Adolphson Charlene Fer�aro TOTAL OUTSTANDING CHECKS . � $5.00 25.00 $30.00 MEMORANDUM �� RESOLIITION NO. - 1991 A RESOLiTTION AIITHORIZING AN INCREASE IN COMPENSATION FOR FRIDLBY CITY BMPLOYE$8 FOR THE 1992 CAI,ENDAR YBAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City Employees within budgetary constraints; and WHEREAS, the City Councii and City Staff have reviewed economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments be authorized for employees of the City of Fridley, with the exception of employees who are members of a bargaining unit, effective January 1, 1992. l. A general increase of 2.5� in employee salaries. 2. For employees eligible for the health benefit an increase of $20.00 per month in the maximum contribution of the City toward health, dental, and life insurance premiums (Flexible Benefit Plan, Option A). 3. For employees eligible for the health benefit who choose Option B of the Flexible Benefit Plan an increase of $10.00 per month. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 10A / _ CITI(OF FRIDLEY MEMORANDUM Municipat Center 6431 University Avenue N.E. Fridley, 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 ��' DATE: November 26, 1991 � SIIBJECT: Amended 1992 Calendar Since the adoption of Resolution 84 - 1991 and approval of the 1992 calendar of City Council meetings and the holiday schedule on November 4, 1991, the following changes have been proposed: l. 2. Changing the City Council meeting scheduled for Monday, September 28, 1992, to Tuesday, September 8, 1992; and, Changing the City Council meeting scheduled for Monday, December 21, 1992, to Monday, December l4, 1992. Staff would request that Council make a motion to amend Resolution 84 - 1991 to incorporate the proposed changes, and to approve the amended 1992 calendar of City Council meetings and the holiday schedule for City employees. Thank you for your consideration. WWB:rsc 11 R880LIITION NO. 84 - 1991 RE80LIITION DEBIGNATING 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 Fridley 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 IT RESOLVED by the City Council of the City of Fridley that: � • 1. The Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following dates in 1992: January 6, January 27, February 3, February 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 8, September 21, , October 5, October 19, November 9, November 23, December 7, and � December 14 . 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 Council 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 4TH DAY OF NOVEMBER, 1991. DENNIS L. SCHNEIDER - MAYOR PRO TEM ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 11A � � cmoF �o�v 1992 CALENDAR CITY COUNCIL� MEETINGS AND HOLIDAY� SCHEDULE January 1992 S M T W T F S 1 2 3 4 12 14 15 16 17 18 19 21 22 23 24 25 262 28293031 May 1992 S M T W T F S 1 2 10 4 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 30 31 September 1992 S M T W T F S 2 3 4 5 8 9 10 11 12 18 19 20 2 22 23 24 25 26 27 29 30 February 1992 S M T W T F S 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22 23 2 25 26 27 28 29 June 1992 S T W T F S 1 2 3 4� 9 10 11 16 17 18 19 20 2i � 23 24 25 26 27 28 2 30 October 1992 S M T W T F S 1 2 3 4 6 7 8 910 11 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 3� 31 Conference Schedule 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, Louisianna Kev X = Holidays O = Council Meetings ❑ = Conference Meetings Budget Work Session Dates: June 3, 17, 22 & 24 (if necessary). 12/02/91 March 1992 S T W T F S 1 2 3 4 5 6(,Z 11 12 13 14 15 1 17 18 19 20 21 22 24 25 26 27 28 29 3 31 Ju{y 1992 S M T W T F S 1 2 ;� 4 5 .6 7 8 91011 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 31 November 1992 S M T W T F S 1 3 4 5 6 7 8 9 10 ,� 12 13 t4 15 17 18 19 20 24 25,�lQ 28 2_9 3U April 1992 S M T W T F S 1 2 3 4 5 6 7 8 91011 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 August 1992 S M T W T F S 1 2 3 4 5 6 7 8 9 11 12 13 14 15 161 18192Q2122 23 25 26 27 28 29 30 1 December 1992 S M �T F S 1 2 3 4 5 6 i0 11 12 13 15 16 17 18 19 20 22 23 � � 26 27 28 29 30 31 Legal Holidays Jan. 1 New Year's Day (1) Jan. 20 Martin Luther King Jr. Day Feb. 17 Washington-Lincoln Day May 25 Memorial Day July 3 Friday before Independence Day Sept. 7 Labor Day Nov. 11 Veterans Day Nov. 26 Thanksgiving Day Dec. 25 Christmas Day 9 Holidays Additionaf Holidavs Nov. 27 Friday after Thanksgiving Dec. 24 Christmas Eve 11 Total Holidays Council meetings will be held the first and foi�rtli Mondays of January and February; the first and third Mondays of March, April, May, 3uly, August, and October; the first and fifth Mondays of June; tl�e second Tuesday and third Monday of September; the second and fourth Mondays of November; and the first and second Mondays of December. Conference meetings will be held on the second Monday of January, February, and May; the fifth Monday of March, and August; the fourth Monday of April, July, 1a�ctober; and the third Monday of NovemUer. l� 13 14 15 FOR CONCURRENCE BY THE CITY COUNCIL LICENSEB ELECTRICAL Arden Electric Inc 1630 Glenview Court St Paul MN 55112 GENERAL CONTRACTOR DLA Painting & Redecorating 3243 Dupont Ave S Minneapolis, MN 55408 Four Season Const Co Inc PO Box 32033 Fridley, MN 55432 Naper Construction 3311 Sheridan Ave N Minneapolis Mn 55412 Zahl Equipment Co 3101 Spring Street NE Minneapolis MN 55413 PLUMBING Beaver Plumbing Co 20425 Jackson St NE Cedar, MN 55011 LBP Mechanical, Inc. 315 Royalston Ave N Minneapolis MN 55405 Olson, Larry 3232 Warner Ln Mound, MN 55364 SIGN ERECTOR Ace Signs Inc of Willmar 300 W 14th St PO Box 147 Willmar, MN 56201 Miiton Sawyer Dan Appenzeller Leonard Okronglis Wayne Napiwocki Tom Vogt Bob Paulno Douglas Hayes Larry Olson Richard Bistrup 15A STATE OF MINN � Darrel Clark CHIEF BLDG OFCL Same Same Same STATE OF MINN Same Same Darrel Clark CHIEF BLDG OFCL / � C,lTYOF FRIDLEY FOR CONCIIRRENCE BY THE CITY COIINCIL DBCEMBBR 2, 1991 Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Boulevard Suite 400 Minneapolis, l�T 55433 Services Rendered as City Attorney for the Month of October, 1991 . . . . . . . . . $ 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 October, 1991 HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 ESTIMATES 3,996.40 . . . . $ 11,.091.50 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . . . $ 1, 335.91 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 12 . . . . . . . . . . . . . . . . $ 11, 942 . 28 Northdale Construction Co., Inc. 14450 Northdale Boulevard Rogers, MN 55374 Skywood Lane Water Extension Project No. 220 Estimate No. 4 . . . . . . . . . . . . . . . . . $ 4, 590.93 16